The Queen against Thomas Beadle
Jurisdiction | England & Wales |
Judgment Date | 22 April 1857 |
Date | 22 April 1857 |
Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 1329
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 26 L. J. M. C. 111; 3 Jur. N. S. 862; 5 W. R. 498. Not applied, Moore v. Smith, 1859, 1 El. & El. 601. Approved, In re Galvin, [1897] 1 Ir. R. 520. Followed, Secretary of State for War v. Booth, [1901] 2 Ir. R. 692; In re Madden's Estate, [1902] 1 Ir. R. 63. Applied, R. v. Archbishop of Canterbury, [1902], 2 K. B. 572; Thomas v. Pritchard, [1903] 1 K. B. 213.
[482] the queen against thomah beadle. Wednesday, April 22d, 1857. An officer of the excise having, on behalf of Her Majesty, sued before two justices for a penalty imposed by one of the Excise Acts, and the information being dismissed, appealed on behalf of Her Majesty to the Quarter Sessions, where the Sessions made an order, by which his appeal was dismissed with coats. This Court quashed the order of Quarter Sessions, on the ground that they had no jurisdiction to award costs against the Crown. The provisions of stat. 18 & 19 Viet. c. 90, ss. 1, 2, do not apply to such a case. [S. C. 26 L. J. M. C. Ill ; 3 Jur. N. S, 862; 5 W. LI. 498. Not applied, Moore v. Smith, 1859, 1 El. & El. 601. Approved, In re Galvin, [1897] I Ir. R. 520. Followed, Secretary of State for War v. Kooth, [1901] 2 Ir. R. 692; In re Madden's Estate, [1902] 1 Ir. B. 63. Applied, R. v. ArMixhop uf Canterbury, [1902], 2 K. B. 572 ; Thomas v. Pritchard, [1903] 1 K. B. 213.] WeUby, in Hilary Term, obtained a rule to shew cause why so much of an order of the Recorder of Brighton in Quarter Sessions, dismissing the appeal of Thomas Beadle, an officer of excise, against the adjudication of two justices acquitting Joseph Palmer, upon an information against him for a supposed offence against the excise laws, which order had been brought up by certiorari at the instance of Her Majesty's Attorney General, as ordered that the said Thomas Beadle do pay the costs of the appeal, be not quashed. The order of justices appealed against stated that "Thomas Beadle, one of Her Majesty's officers of excise, and who prosecuted for Her Majesty in that behalf," exhibited before them an information, " which information was commenced and prosecuted by order of the Commissioners of Inland Revenue." It was against Palmer fora penalty of 201. for using a stage carriage without a licence. Palmer was acquitted. Beadle appealed. The order of Quarter Sessions, after dismissing the appeal, proceeded, " And it is also further ordered and directed by this said Court, before which the said appeal...
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