R v Lediard

JurisdictionEngland & Wales
CourtCourt of the King's Bench
Judgment Date01 Jan 1790

English Reports Citation: 96 E.R. 784

COURT OF KING'S BENCH

Rex
and
ers. Lediard

Referred to, R. v. Woodhouse, [1906], 2 K. B. 512.

ebx vers. lediard. A certiorari does not lie, for removing a warrant of a justice of the peace. [Eeferred to, B. v. Woodhouse, [1906], 2 K. B. 512.] In obedience to a certiorari, for returning a conviction concerning the forfeiture of a horse, the defendant returned; that information being made to him upon oath by J. S. and J. N. that they had seized a horse, because he was drawing in a carriage, wherein there were more than five horses, and had delivered him, pursuant to the direction of the statute, to a constable; and that upon this information, he had issued a warrant, by which the constable was commanded to re-deliver the horse to J. S. and J. N. Upon thia return, it was holden that the certiorari should be quashed. And by Lee Ch.J.-There is in this case no conviction. It is essential to a conviction, that it be founded upon a proceeding against [7] a person ; but in the present case, the proceeding was against a thing. It is likewise essential to a conviction, that it be a judicial act; but the issuing of the warrant in the present case was a ministerial act, which the defendant was required by the statute giving the forfeiture to do. A certiorari does not lie for removing a warrant of a justice of the peace; the remedy for the party thereby injured being by an action.

English Reports Citation: 96 E.R. 867

COURTS OF KINGS BENCH

Rex
and
ers. Lediard

[242] michaelmas term, 29 geo. 2, 1755. Sir Dudley Ryder, Chief Justice. Sir Thomas Denison, Sir Michael Foster, Sir John Eardley Wilmot, Justices. rex tiers. lediard. An information filed against a justice of the peace, for improperly discharging a prisoner. Upon a rule to shew cause, why an information for a misdemeanor should not be filed, it appeared ; that J. S. had been committed to prison by a justice of the peace, for seducing seven workmen in the manufacture of glass to go out of this kingdom into a foreign country; that the defendant, who...

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