Re Allison

JurisdictionEngland & Wales
Judgment Date21 November 1854
Date21 November 1854
CourtExchequer

English Reports Citation: 156 E.R. 561

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

In re Allison

S. C. 3 C. L. R. 319, 10 L J M C. 73, 18 Jur. 1053; 3 W. R. 62

in RE allison. Nov 21, 1854 -Warrants of commitment, convictions, and other instruments made by magistrates, are sufficient, if they correspond with the forms given m the schedule to the 11 & 12 Viet c 43.-The 16 & 17 Viet c. 30, empowers two justices of the peace to punish, on summary conviction for assaults committed on females, or children under fourteen years, any person charged before 562 IN RE ALLISON 10 EX 562 them " sitting at a place where the petty sessions are usually held."-Held, that a warrant oi commitment for such offence, in the form given by the 11 & 12 Viet. c. 43, Sched. (p. 1), was good, although it did not state that the justices before whom the party was charged \vere sitting at a place where petty sessions are usually held.-As no eertioran issues out of the Comt of Exchequei, a conviction ia properly brought befoie it, if verified by affidavit-A commissioner before whom an affidavit is swoin, ought to certify that any exhibit annexed is the document referred to in the affidavit. [S. C. 3 C, L. E. 319, 10 L J M C. 73 , 18 Jur. 1053; 3 W. E. 62 ] Huddleston, on a former day,(a) had obtained a rule calling on the keeper of the House of Conection at (Stafford, to shew cause why a writ of habeas corpus should not isaue to bring up the body of Joseph Allison, in order that he might be discharged out of custody The prisoner had been convicted by two justices of the peace, under the 16 & 17 Viet, c. 30, of an aggravated assault upon a child under seven years of age, and was committed to prison under the following warrant:- County of Stafford to wit.-To the constable of the parish of Yoxall, and the keeper of the House of Correction at Stafford, in the said county of Stafford. Whereas Joseph Allison, of the parish of Yoxall, in the said county, was this day duly convicted before the under-[562]-signed, two of her Majesty's justices of the peace for the said county, upon a chaige made upon the complaint of Daniel Burgen, for that he the said Joseph Allison, on the 27th day of October, 1854, at the parish of Yoxall, in the said county, did by violently stuking and beating with a cane, whip-stock, and otherwise ill treating, unlawfully commit an aggravated assault upon one George Allison, a male child under the age of fourteen years, to wit, of the cige of seven years, contrary to the statute in such case made and provided , and we, the said justices, being of opinion, at the time of the hearing and deteimmation of the said offence and the conviction of the said Joseph Allison, that the said assault is of such an aggravated nature, that it cannot, in the opinion of the said justices, be sufficiently punished under the provisions of the statute 9 Geo. 4, c. 31 it was thereby adjudged, that the said Joseph Allison, for his said offence, should be imprisoned in the house of correction at Stafford, in the said county, and there kept to hard labour for the space oi six calendar months. These aie, therefore, to command you the said constable to take the said Joseph Allison, and him safely convey to the house of collection at Stafford aforesaid, and theie to deliver him to the keeper thereof, together with this precepfc; And we do hereby...

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3 cases
  • The King (Martin) v Mahony
    • Ireland
    • King's Bench Division (Ireland)
    • 30 Junio 1910
    ...L. C., 11th ed., at p. 651. (12) 33 L. J. (N. S.) C. P. 193. (13) 14 Q. B. 710. (14) 1 New Ir. Jur. Rep. 209. (15) [1906] 2 K. B. 501. (16) 10 Ex. 561. (1) 1 Q. B. 66. (2) 1 Br. & Bing. 432. (1) 1 M. & G. 257. (2) 1 Q. B. 66. (3) 11 Q. B. D. 291, at p. 298. (4) 1 Hr. & Bing. 432. (5) L. R. ......
  • Re John Sullivan
    • Ireland
    • Exchequer Division (Ireland)
    • 8 Febrero 1888
    ...L. R. 280. Re AylwardUNK 12 Ir. C. L. R. 448. Bunbury v. FullerENR 9 Ex.111. Ballyraggett In-questDLTR 17 Ir. L. T. R. 35. In re AllisonENR 10 Ex. 561 Reg v. Bolton 1 Q. B. 66, at p. 75. Ex parte Blewitt v. The Justices of ShropshireUNK 14 L. T. (N. S.) 598. Ex parte Hopwood 15 Q. B. 121. C......
  • The Queen v Unkles
    • United Kingdom
    • Court of the Queen's Bench
    • 6 Noviembre 1873
    ...Bench. THE QUEEN and UNKLES. In re AllisonENR 10 Ex. 561. Stone's Case Dy. 214 b. R. v. White and LangdonENR R. & R. 508. Proctor v. ManwaringENR 3 B. & Al. 146. Henderson v. SherborneENR 2 M. & W. 239. Edmundson 17 Q. B. 73. The Queen v. The Leeds and Bradford Railway Co. 18 Q. B. 343. —— ......

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