Tunnicliffe v Tedd
| Jurisdiction | England & Wales |
| Judgment Date | 25 January 1848 |
| Date | 25 January 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 995
IN THE COURT OF COMMON PLEAS
S. C. 17 L. J. M. C. 67. Followed, Read v. Nutt, 1890, 24 Q. B. D. 672.
tunnicliffe v. tedd. Jan. 25, 1848. [S. C. 17 L. J. M. C. 67. Followed, Bead v. Nutt, 1890, 24 Q. B. D. 672.] A party having been; summoned before two justices, under the 9 G. 4, c. 31, s. 27, for an assault, and having appeared and pleaded not guilty, the complainant declined to proceed, stating that he meant to bring an action. The justices thereupon dismissed the complaint, and gave the defendant a certificate as follows :-" We deemed the offence not proved, inasmuch as the complainant did not offer any evidence in support of the information; and have accordingly dismissed the said complaint:"- Held, that what passed before the justices constituted a " hearing" within the meaning of the 27th section; and that the certificate was a complete bar to an action for the same assault, under s. 28. Trespass, for an assault and battery. Plea, first, not guilty; secondly, that the several alleged trespasses in the declaration mentioned, were committed after the passing and commencement of a certain act of parliament, made and passed in the ninth year of the [554] reign of His late Majesty King George the Fourth, intituled,.". An act for consolidating and amending the statutes in England relative to offences against the peace ;" that the said alleged trespasses amounted to no more than a common assault and battery within the meaning of that act; that after the commission of such trespass, to wit on, &c., upon the complaint of the plaintiff before then made by him of the said trespass, according to the said statute, the defendant was brought before A. B. and C. D., Esquires, then being justices of our lady the Queen, in and for the city of Coventry, in the county of Warwick, &c., to hear and determine misdemeanours therein committed; that thereupon the said justices, ,so being such justices, did then dismiss the said complaint, upon the hearing thereof, on the ground that the said alleged trespasses were not proved; that thereupon they the said justices, so being such justices as aforesaid, did then, according to the said statute, forthwith make out a certificate, under their hands, stating the fact and the said ground of such dismissal, and did then deliver the said certificate to the defendant,-as by the certificate of the said A. B. and C. D., under their hands, and now shewn to the court here, more fully and at large appears, -which said dismissal still remains in full force and effect; whereby, and by force of the said statute, the defendant then became, and still was, released from the said action. 996 TUNNICLIFFE V, TE0D 5C. B.555. Beplication that the said justices did not dismiss the said complaint, upon the hearing thereof, on the ground that the said alleged trespasses were not proved, modo et forma, &c. Issue thereon. The cause was tried before Patteson, J., at the summer assizes for the county of Warwick, in 1846. The assault charged in the declaration having been proved, witnesses were called on the part of the de-[555]-fendant, who stated the following facts :-On the 23rd of March, 1846 (the assault having been committed on the 21st), the plaintiff obtained a summons from the magistrates, against the defendant, for the assault. On the 30th, the parties attended, when the case was called on; and, the information having been read by the clerk to the magistrates, the defendant was called upon to plead, and pleaded "not guilty." The plaintiff declined to call witnesses, observing that he should go no further with the information, but would bring an action against the defendant. The defendant said he had brought his...
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...WIR 60, it was stated in a passage of the judgment that a summary hearing commenced after the defendant pleaded - 'Not Guilty'. 96 In Tunnecliffe v Tedd [1848] 12 J.P 249 it was decided that provided no plea had been taken, in a court of a summary trial, the process could be withdrawn. 97 I......
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