Stamp against Sweetland and Another
| Jurisdiction | England & Wales |
| Judgment Date | 09 July 1845 |
| Date | 09 July 1845 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 777
QUEEN'S BENCH
S. C. 2 New Sess. Cas. 90; 14 L. J. M. C. 184; 9 Jur. 939.
[13] stamp against sweetland and another. Wednesday, July 9th, 1845. Stat, 4 G. 4, c. 95, s. 30, enacts that, if any collector of tolls " shall demand and take a greater or less toll from any person than he shall be authorised to do by virtue of the powers of any Act, or of the orders and resolutions of the trustees or commissioners made in pursuance thereof," he shall be liablu to a penalty; which is made recoverable by conviction before justices, and distress, and imprisonment in default of sufficient distress. A conviction stated that a collector "did demand and take" from J, L., at a gate on a turnpike road, "a certain toll, to wit the toll or sum of 4d., as and for a toll then and there payable by the said J. L., at such gate, for a certain horse then and there drawing a certain cart upon two wheels only, and which said cart was then and there drawn by such one horse only, aud driven by him, the said J. L., in, along and over the said turnpike road; and for which said horse, drawing such cart, a certain toll, to wit the sum of 6d., was then and there payable by the said J. L., the said toll or sum of 4d., so demanded and taken by the said " collector " as aforesaid, then and there being a less toll than he" "was then and there authorised to take for the cause aforesaid by virtue of the powers of any Act, or of the orders and K. B. xuv.-25* 778 STAMP V. SWEETLAND 8 Q. B. 14. resolutions of the trustees or commissioners of the said turnpike road, made in pursuance thereof, contrary to the form of the statute," &c. Held, a sufficient conviction, though no provisions of any particular Turnpike Act, or orders or resolutions of trustees or commissioners, were^set forth or referred to. A warrant of commitment on this conviction, for want of sufficient distress, stated that the collector was convicted, for that he " did suffer and permit J. L. to pass through " the turnpike gate, " with a cart drawn by one horse, on payment of the sum of 4d., as toll for the said cart drawn by one horse, the legal toll due and payable in respect of the said cart drawn by one horse being the sum of 6d., contrary to the atatute," &c. Semble, that the warrant gave a sufficient description of the offence under the statute. But Held that, supposing it insufficient, the conviction would cure the defect. Sect. 147 of stat. 3 G. 4, c. 126, enacts "That if any action or suit shall be commenced against any person or persons for any thing done in pursuance of this Act," "if the matter or thing complained of shall appear to have been done under the authority and in execution of this Act," " the jury ahall find for the defendant." Quaere, whether justices committing by virtue of this Act, and sued in trespass, be entitled to a verdict on the ground, only, that they bond fide believed themselves to be putting the Act in execution. [S. C. 2 New Sess. Gas. 90; 14 L. J. M. C. 184; 9 Jur. 939.] Trespass for assault and false imprisonment. Plea, not guilty (by statute (a)). Issue thereon. On the trial, before Coleridge J., at tha Devonshire [14] Summer Assizes, 1843, it appeared that the defendants, justices of Devonshire, had convicted the plaintiff, and had committed him in pursuance of such conviction. The conviction was put in, and was as follows. "County of Devon, to wit.-Be it remembered that, on the 10th day of October, in the sixth year," &c., A.D. 1842, "Joseph Stamp, of," &c., "collector of the tolls at a certain turnpike gate, called," &c., "situate," &c., "is convicted before us, John Sweetland and George Savage Curtis, Esquires, two of Her Majesty's justices of the peace for the said county of Devon, for that he, [15] the said Joseph Stamp, on," &c. (a) Stat. 4 G. 4, c. 95. Sect. 30 enacts that, if any collector of tolls " shall demand and take a greater or less toll from any person than he shall be authorised to do by virtue of the powers of any Act, or of the orders and resolutions of the trustees or commissioners made in pursuance thereof, or shall demand and take a toll from any person or persona who shall be exempt from the payment thereof, and who shall claim such exemption," " then and in every such case every such toll collector shall forfeit and pay any sum not exceeding 51. for every such offence." Sect. 37 enacts that " no proceeding to be had or taken in pursuance of this Act shall be quashed or vacated for want of form, or removed," &c. Sect. 88 enacts that all the powers, authorities, provisions, &c., matters and things whatsoever, contained in stat. 3 G. 4, c. 126, so far as not expressly altered or repealed, shall be in force with respect to stat. 4 G. 4, o. 95, as if...
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O Floinn, The State (Cunningham) v District Justice
... ... the Court for the purpose of being quashed three convictions against the prosecutor entered up on the 2nd June, 1959, in respect of alleged ... 4 was entered on charge sheet No. 91 by means of a rubber stamp impression with blanks which were filled in by the respondent in ... only makes an offense, or alters an offense from one crime to another, as making a bare misdemeanor to become a felony, the indictment for such ... 1, at p. 507 (b) ) and Stamp v.Sweetland (5) and Barnes v. White (6) , both noted in Walsh's"Justices of the ... ...