The King against The Justices of the Borough of Leicester
| Jurisdiction | England & Wales |
| Judgment Date | 18 June 1827 |
| Date | 18 June 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 627
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 772; 5 L. J. M. C. O. S. 95.
the king against the justices of the boeough of leicester. Monday, June 18th, 1827. The 54 G. 3, c. 84, which enacted, that the Michaelmas Quarter Sessions shall be holden in the week next after the llth of October, is merely directory, and those sessions may notwithstanding that enactment be legally holden at another time. Where the high constable of a borough, by the direction of the justices, employed and paid a number of special constables to suppress riots at an election, and the ordinary constables were also constantly employed by him during the same period in endeavouring to keep the peace, for which service be made them a compensation: Held, that the justices were warranted in considering the monies so expended as "extraordinary expenses incurred by the high constable in case of riot," within the meaning of the 41 G. 3, c. 78, s. 2, and in making an order upon the treasurer to reimburse him those expenses. [S. C. 9 D. & E. 772; 5 L. J. M. C. 0. S. 95.] By an order of two Justices of the borough of Leicester, made on the 10th of October 1826, after reciting that G. 0., high constable of the borough, had made [7] application to them for the extraordinary expenses incurred by him in the execution of his duty as such high constable in several cases of tumult, riot, and felony occurring within the said borough, as well before as during the continuance of a contested election for members of Parliament recently had therein, and that they had examined into and considered the same, they, the said justices, did thereby allow and adjudge to him, G. 0., the sum of 13431. 17s., as and for the reasonable and necessary allowances to be made to him for his extraordinary expenses upon the occasion aforesaid, and did thereby, in pursuance of the statute in that case made and provided, order and direct the treasurer of the borough to pay to G. 0. the said sum of 13431. 17s. By an order of the General Quarter Sessions, holden on the 12th of October in the same year, this order of the two justices was confirmed. In last Hilary term a rule nisi for a eertiorari to remove these orders was obtained upon affidavits suggesting that the expenses of the high constable were not bon& fide incurred in keeping the peace; and, also, upon the ground of several objections appearing on the face of the orders, viz., first, that they did not state the nature of the riots, nor when they took place, nor what allowances were made ; secondly, that the order of confirmation was not made at the sesions holden next after the riots were alleged to have taken place; thirdly, that this order was made at a time when the sessions were not duly...
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