The King against William Cossins and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1745 |
| Date | 01 January 1745 |
| Court | Exchequer |
English Reports Citation: 145 E.R. 712
IN THE COURT OF EXCHEQUER
[54] eakter term, 18 oeo. -J, 1745. the king against william cossins and others.-Estreats ought not to be made on proof by witnesses of misbehaviour committed out of court, but it ought to appear by some act of court, that the condition of the recognizance is broken. An estreat was made from the quarter sessions in the words following-East riding of the county of York: of William Cossins, of Brompton, in the county of York, gentleman, because he has not been of good behaviour ever since the last general quarter sessions of the peace held for the said riding, the fourth day of October last, before James Gee, Esquire, Sir Joseph Peiinington, and other justices of our said Sovereign Lord the King, assigned to keep the peace in the said riding, and also assigned to hear and determine divers felonies, trespasses and other misdeeds committed in the said riding, and whereby the said William Cossins undertook to appear here this day, and in the mean time to be of the good behaviour: atid it being proved here this day, in open court, upon the oath of two witnesses, that since the last general quarter sessions of the peace held for the said riding, that the said William Cossins had been guilty of misbehaviour.-1001. [553 Of Richard Cass, of Sandon, in the said county of York, yeoman, one of the pledges of the said William Cossins, because the said YVilliam Cossins did not perform the condition of the said recognizance as above.-501. Of Richard Bewick, of, &c., another of the pledges, &c.-501. Mr. Perrott moved to discharge this estreat, as illegally made, upon proof by two witnesses, that Cossins had misbehaved ; and insisted, that the sessions, in a summary way, could not try the fact of misbehaviour committed out of court; but the recognizance ought to have been removed into this court, and a scire...
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