The Queen against Griffin
| Jurisdiction | England & Wales |
| Judgment Date | 03 June 1846 |
| Date | 03 June 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1234
QUEEN'S BENCH
1234 THE QUEEN V. GRIFFIN 9 Q. B. IBB. [IBS] the queen against griffin. Wednesday, June 3d, 1846. The provision in the General Conviction Act, 3 G. 4, c. 23, s. 2, that, in all cases where two or more justices, deputy lieutenants or others, are authorised to hear and determine any complaint, one justice, &c. shall be competent to receive the original information, does not repeal provisions of former statutes, expressly requiring more than one justice, &c., to receive an information. Therefore, a conviction on an information laid before a single commissioner of assessed taxes (not being a justice), under stat. 52 G. 3, c. 93, Sched. (L), rule 13, is bad. On appeal against a conviction by Sir Edmund Saunderson Prideaux, Bart, and three others, commissioners acting in the execution of the Acts relating to assessed taxes for the district of Colyton in the county of Devon, the sessions confirmed the conviction, subject to the opinion of this Court upon the following case. On 2d January 1843, the appellant was convicted of the offence mentioned in the conviction (a), of which the following is a copy. "Devonshire (to wit).-Be it remembered that, on the 2nd day of January A.D. 1843, at the parish of Colyton, in the district of Colyton, in the county of Devon, James Griffin, of," &c., "labourer, was duly convicted by us of having within three calendar months next before the making of the information and complaint herein, to wit on," &c., "at the said parish," &c., "used a gun and dog for the purpose of then and there taking and killing game, without having obtained such certificate as is directed by the statute," &c. " in order to an assessment," &c.; " contrary to the form of the statute in that case made and provided; and adjudged to pay the sum [156] of 101. for his said offence. Given under the hands and seals of Sir Edmund Saunderson Prideaux, Bart., the Rev. Richard Lewis the Younger, clerk, Edward Guppy and Matthew Liddon, Esqs., being commissioners acting in the execution of the Acts relating to assessed taxes for the district of Colyton, in the said county of Devon." Signed and sealed by the above named commissioners. It was objected, on the trial of the appeal, that the conviction was bad on the face of it, inasmuch as it did not appear thereby that any information or complaint of the offence having been committed within the district where the commissioners acted had been...
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