R v The Justices of the Peace of the Corporation of Rye
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1790 |
| Date | 01 January 1790 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 791
COURT OF KING'S BENCH
SAYE*. Sft. EASTER TERM, 25 GEO. II. 1752 791 rex vers. the justices of the peace of the corporation of rye. An information is not to be granted against a justice of the peace, unleas he has acted from a corrupt or partial motive. Upon a motion for a rule to shew cause, why an information should not be filed againat the defendants for a misdemeanor, in discharging an appeal to a poor's rate, an affidavit was read, wherein it was sworn; that the person appealing was overrated ; that the justices were themselves under-rated; [26] and that although very strong evidence of both these facts was given at the Quarter Sessions, the justices discharged the appeal, and refused to make a special order. It was, moreover said, that if the Court should not make a rule to shew cause, upon which the truth of the facts alledged in the affidavit may be put into a method of trial, there would be a failure of justice, the determination upon the appeal being final. The Court refused to make a rule to shew cause. And by Lee Ch.J.-It is the settled practice of this Court, never to grant an information for any thing done by a justice of the peace in the execution of his office, unless the Court be satisfied, that he acted from a corrupt or partial motive. If there should be a failure of justice in the present case, it will be owing to the Act of Parliament ; by which an appeal to a poor's rate in a corporation is given to the Quarter Sessions of the corporation. This, as the justices of the corporation are frequently interested in the matter in question ; and their determination is final, may be a reason for...
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