R v Spencer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
Rex
and
ers. Spencer
English Reports Citation: 96 E.R. 787
COURT OF KING'S BENCH
eex vers. spencer. The clerk in Court is bound to perfect and bring in the postea after an acquittal upon an indictment. Upon a rule for the defendant's clerk to shew cause, why he should not perfect the postea, by entering an acquittal, and bring it into Court, it appeared; that upon removing the indictment from a Court of Quarter Sessions, a recognizance had been entered into by the defendant's bail, the terms of which were, that the defendant should cause the indictment to be tried at a time and place therein mentioned, at his own ex pence; that the indictment was tried at the time and place mentioned in the recognizance; that the defendant was acquitted; and that he had not paid the bill due to his clerk in Court for fees. The question was, whether the clerk in Court ought to perfect the postea, by entering an acquittal, and bring it into Court, before his bill for fees was paid 1 It was holden that he ought. The postea being afterwards perfected and brought into Court, a motion was made, that the recognizance might be discharged. [15] In opposition to this motion it was said; that it has been the constant practice of the...
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