The Case of John Harvey
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1809 |
| Date | 01 January 1809 |
| Court | Court of the King's Bench |
English Reports Citation: 168 E.R. 26
THE COURT OF KING'S BENCH
1 Wils. 164, 4 New Abr 567
Pasch. 20 Geo II B R. the case of john harvey (1 Wils. 164, 4 New Abr 567) Pleas before our Lord the King at Westminster of Easter term, in the twentieth year of the reign of our Sovereign Lord George the Second, by the grace of God of Great Britain, France and Ireland King, defender of the faith Amongst the pleas of the King Roll. Middlesex. Our present Sovereign Lord the King hath sent to his keeper of iis gaol of Newgate his writ closed m these words (that is to say) George the second by the grace of God of Great Britain, France and Ireland King, defender of the faith, To the keeper of our gaol of Newgate, Greeting , We command you that the body of John Harvey, being committed and detained in our prison under your custody (as. it is said), together with the day and cause of the taking and detaining of him, by whatsoever [52] name the said John Harvey may be called therein, you have immediately after the receipt of this writ before us at Westminster, to undergo and receive all and singular such things as our said Court shall then and there consider of concerning him iu this behalf, and that you then have there this writ Witness Sir William Lee knight, at Westminster, the twenty-seventh day of May, in the twentieth year of our reign And now (that is to say) upon Saturday uext after the morrow of the Ascension of our Lord in this same term, before our said present Sovereign Lord the King at Westminster, cometh Richard Akerman gentleman, his Majesty's keeper of his said gaol of Newgate, and returneth the said writ as followeth . The execution of this writ appeareth in a certain schedule to this writ annexed, The answer of Richard Akerman keeper of his Majesty's gaol of Newgate within mentioned I Richard Akerman gentleman, keeper of his Majesty's gaol of Newgate, in the writ to this schedule annexed mentioned, do most humbly certify and return to our most serene Sovereign Lord the King, that before the coming * I have been informed, that Mr. Marray was now brought up in order to obviate an objection that might have been made to his evidence upon the authority of Lord Diiffus's case, reported in Com 440. But that case difiereth from this Lord Buflus was not amesnable to justice before the expiration of the time given by the Act ; nor, merely through his own default, could be. But I doubt Lord Duffus's case favoured too much of the FOOT. 53. THE CASE OF JOHN HABVEY 27 to me of the said writ (to wit) on, the twenty-first day of April in the year of our Lord 1747, the said John Harvey, in the said writ mentioned, was committed to my custody, and is now detained in the same, by virtue of a warrant under the hand and seal of Thomas Burdus esquire, one of the justices of our said present Sovereign Lord tbe Krag aisigned to keep the peace of our said present Sovereign Lord the King in and for the county of Middlesex, and also to hear and determine divers felomee, trespasses, and other misdemeanours committed within the same county ; which said warrant is in these wards and figures following : Middlesex, to wit, To the keeper of his Majesty's gaol of Newgate. Receive into your custody the body of Join Harvey erf Pond-hall in the county of Suffolk, farmer, being a person, amongst others, armed with fire-arma and other offensive weapons, after the twenty-fourth day ol July 1746, assembled in order to be aiding and assisting in the running, landing^ or carrying away prohibited or uncustomed goods, and being, by his Majesty's order in...
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