R v Frances York and Jane Fielding
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1770 |
| Date | 01 January 1770 |
| Court | Court of the King's Bench |
English Reports Citation: 98 E.R. 409
IN THE COURT OF KING'S BENCH
8 Durn. 26. 1 Bac. 380.
[2684] rex v. frances york and jane fielding. 1770. A conviction must shew before whom committed. [8 Burn. 26. 1 Bac. 380.] The defendants were brought up by habeas corpus, directed to the governor of (a) The usual notice was stated to be by ringing a bell as above mentioned, but nothing is said about personal notice. 410 BEX V. YORK B BUR*. 2688. Tothil-Fields, Bridewell: who returned a commitment of them to his custody, by Sir John Fielding. The writ and return were as follows- A habeas corpus directed "to the governor of Tothil-Fields, Bridewell, or his deputy;" to bring up the bodies of Frances York and Jane Fielding, " being committed and detained in our prison under your custody;" together with the day and cause of the taking and detaining, &c. The governor returns-That before the coming of the writ, Frances York and Jane Fielding in the writ named was committed to his custody by Sir John Fielding, Kut. oue of His Majesty's justices of the peace for the city and liberty of Westminster, on the day of the date of the said commitment: which said warrant of commitment are in the words and figures following- " Westminster, to wit.-To the governor of Tothil-Fields Bridewell, or his deputy. Receive into your custody, the bodies of Frances York and Jane Fielding, and others herewith sent you; brought before me by Wm. Manning and other constables, and [&] convicted, upon the oath of Wm. Haliburtou, one of the constables of the parish of tit. Paul, Covent Garden, for being loose, idle, disorderly persons, of evil fame, and common night-walkers, against the statutes, &c. Them to hard labour, until the next General Quarter-Sessions of the peace, therefore safely keep in your custody ; or until they shall be discharged by due course of law. Given under my hand and seal, this 23d day of November 1770." The return of George Smith, governor of Tothill-Fields, Bridewell, Westminster. N.B. This is an exact copy of the return: which does not add any name at all, subscribed at the bottom of the warrant of commitment: but the [2685] name " J. Fielding " is set in the margin, over the locus sigilli; and so it is in the original warrant. Mr. Bearcroft moved that the defendants might be discharged, or at least bailed. He took three exceptions to the warrant of commitment. 1st. It does not describe, with sufficient exactness and...
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