The Queen against Machen and Brickdale, Esqs
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1849 |
| Date | 01 January 1849 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 29
QUEEN'S BENCH.
S. C. 3 New Sess. Cas. 629; 18 L. J. M. C. 213. Discussed, R. v. Gaunt, 1867, L. R. 2 Q. B. 469; R. v. Glynne, 1871, L. R. 7 Q. B. 22; Williams v. Davies, 1883, 11 Q. B. D. 76.
the queen against machen and briokdale, esqs. 1849. Under stat. 7 & 8 Viet. c. 101, s. 2, a refusal by justices to make an order for maintenance of a bastard, though on the merits, is no bar to a second application. And, if justices refuse to entertain such second application on the mere ground of the first refusal, the Court will order them by mandamus to hear. The justices, on a second bearing, may nevertheless take into consideration, with a view to forming their decision, the fact and circumstances of the former hearing. [S. C. 3 New Seas. Gas. 629 ; 18 L. J. M. C. 213. Discussed, R. v. Gaunt, 1867, L. R. 2 Q. B. 469; E. v. Glynne, 1871, L. R. 7 Q. B. 22; Williams v. Davies, 1883, 11 Q. B. D. 76.] Montague Smith, in last Easter term, obtained a rule calling on Edward Machen and John Fortescue Brickdale, Esquires, justices of the peace for Gloucestershire, acting for the Petty Sessions division of Coleford in that county, and on William White, to shew cause why a mandamus should not issue, commanding the justices to hear and adjudicate upon the application made to them, at the Petty Sessions held on 27th February last, on behalf of Hannah Jones, single woman, for an order upon White, the putative father of a bastard child, for maintenance of the said child, and to enter adjournments, &c. From the affidavits in support of the rule it appeared that Hannah Jones had been delivered of a bastard on 29th November 1848; that she took out a summons against White ; which was heard, before the two justices named in the rule, on 30th January 1849 ; and they then dismissed the case, considering her evidence not sufficiently corroborated. That she afterwards discovered material evidence in corroboration, and obtained a fresh summons, which was attended by herself and White's attorney on 27th February 1849, before the [75] same justices. That White's attorney objected that the case had been already heard and dismissed; and the justices, after argument, 30 THE QUERN V. MACHEN 14 Q. B. 76. refused to hear the oa.se again. In answer, ib was sworn, by one of the justices and the clerk to the justices, that the first application had been dismissed on the merits, and that this was proved before the magistrates at the attendance on 27th February. In last Easter term (a), Keating shewed cause. The question is, whether, when an application for an order of maintenance in bastardy has been made under stat...
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