The Queen against The Justices of Cheshire. ( Rigby.)
| Jurisdiction | England & Wales |
| Judgment Date | 14 January 1840 |
| Date | 14 January 1840 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 367
IN THE COURT OF QUEEN'S BENCH.
S. C. 3 P. & D. 23 (n.); 9 L. J. M. C. 89. Referred to, R. v. London JJ., [1895] 1 Q. B. 631.
[139] The following case was decided in Hilary term, 1840. the queen against the justices of cheshire. (!n the matter of rigby.) [Tuesday, January 14th, 1840.] A licensed victualler, convicted by two justices under stat. 9 G. 4, c. 61, s. 21, of an offence against the tenor of his license, cannot be heard on appeal to the Quarter Sessions under sect. 27, unless he has served notice of such appeal on both the convicting justices. And this, although at the time of giving notice the conviction had in fact been signed only by that justice : at least, if there be no proof that the conviction so signed was communicated to the appellant before he gave notice, so that he might have been misled thereby. [S. C. 3 P. & D. 23 (); 9 L. J. M. C. 89. Referred to, R. v. London JJ., [1895] 1 Q. B. 631.] Francis Rigby, licensed victualler, was convicted by two justices, Sir Richard Brooke and Mr. Jacson, in Petty Sessions, under stat. 9 G. 4, c. 61 (a)2, s. 21, of [140] (a)1 See the next case, (a)2 Stat. 9 G. 4, c. 61, s. 21, imposes penalties (on conviction by two justices) for offences against the victualler's license. Sect. 27 enacts, " That any person who shall think himself aggrieved by any act of any justice, done in or concerning the execution of this Act, may appeal against such act to the next General or Quarter Sessions of the Peace holden for the county or place wherein the cause of such complaint shall have arisen, unless such session shall be holden within twelve days next after such act shall have been done, and in that case to the next...
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