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The King against Read

Nominate Series English Reports Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date22 November 1780
Date22 November 1780
CourtCourt of the King's Bench

English Reports Citation: 99 E.R. 310

IN THE COURT OF KING'S BENCH

The King against Read

the king against bead. Wednesday, 22d Nov. 1780. A conviction by a justice of peace is bad, unless it set forth the evidence. Eule to shew cause, why this and five other convictions upon the Mutiny A.ct(d) for not quartering officers, should not be quashed. The objection was, that the evidence was not set forth. The conviction run thus : " Whereupon, witnesses being examined on oath, and the said William Head having neglected, or refused, to attend, after being duly summoned, to answer such complaints and informations, and having duly considered on the evidences, I, the said Edward Dyne, am of opinion, that the said William Read did refuse to find such proper quarters for the said Thomas Davis, as by the said Act are directed to be found ; and I do, accordingly, adjudge and convict, &c." [487] Peckham, in support of the conviction, insisted, that the fact was sufficiently stated to shew on what ground the magistrate founded his judgment. B. Hunter was on the other side : but the Court, without hearing him, said, the question was not open, and that the conviction could not be supported [1]. The conviction quashed. " unless there he some special reason to the contrary." 1 Salk. 285. Actual entry is also necessary, in order to enable a person who has recovered in ejectment, to maintain trespass for the mesne profits against one who was occupier when the title accrued but not at the time of the ejectment. Law of N. Pr. ed. 1775, p. 87. (b) 16. (c) 2 Ld. Raym. 751, footnote. f^ Vide, also, Cro. El. 15, where it is said to have been held, that in the case of land, the demand must be on the most notorious place of the land, and, of a house, in the house. [f 3] S. P. Doe d. Foster v. Wandlass, 7 T. R. 117. See also Duppa v. Mayo, 1 Saund. 287, and note 16, of...

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