The Queen against Hawdon and Others
| Jurisdiction | England & Wales |
| Judgment Date | 21 November 1839 |
| Date | 21 November 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 369
IN THE COURT OF QUEEN'S BENCH.
S. C. 3 P. & D. 44.
11AD.4E.1M. THE QUEEN V. HAWDON 369 [143] the quben against hawdon and others. Thursday, November 21at, 1839. Under stat. 5 & 6 W. & M. c. 11, s. 3, if a defendant be indicted on two different counts, and remove the indictment by certiorari, and be convicted on one count and acquitted on the other, he is liable only for the costs incident to the first. [S. C. 3 P. & D. 44.] The defendants were indicted for a libel; and a count was added, charging a conspiracy. They removed the indictment by certiorari, and entered into the usual recognizances. On the trial, the prosecutor abandoned the count for conspiracy; and the defendants were convicted of publishing the libel. On the taxation of costs, the Master of the Crown Office allowed against the defendants the costs of the count for conspiracy and the costs incident thereto. Jervis, in this term, obtained a rule to shew cause why the taxation should not be reviewed, arguing that the costs of the count...
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