Wickes v Clutterbuck
| Jurisdiction | England & Wales |
| Judgment Date | 01 February 1825 |
| Date | 01 February 1825 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 393
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 10 Moore, 63; 3 L. J. C. P. (O. S.) 67.
wickks v. clutterbuck. Feb. 1, 1825. [S. C. 10 Moore, 63; 3 L. J. C. P. (0. S.) 67.] If a warrant of commitment does not shew an offence over which the magistrate who issued it has jurisdiction, an action lies against him for the commitment, although there might have been a previous regular conviction.-A direction to the jury, partially incorrect, is not a ground for a new trial, where the verdict is consistent with the justice of the case. The Plaintiff declared against the Defendant in trespass, for having assaulted and caused him to be assaulted, apprehended, unlawfully imprisoned and detained in prison for a long time, without any reasonable or probable cause. Plea, not guilty. At the Hertford Summer assizes, 1824, it appeared that the Plaiutiff had been apprehended under a warrant issued by the Defendant as a magistrate of the [484] county of Herts, and had been convicted under the 5 G. 3, c. 14, s. 3 (a), on the oaths of the Honourable and Eevereud William Capel and another, of attempting " to take, kill, and destroy the fish in a certain pond or pool of water, called the Reservoir, in the parish of Aldenbam, in the liberty of St. Albari's, by fishing in the aaid pool or pond with a fishing rod and fishing line, with intent to take, kill, or destroy the fish preserved therein, without the consent of the said Hon. and Rev. Wm. Capel, contrary to the form of the statute in such case made and provided; he, the said Wm. Capel, being then and there owner of the fishery within tbe said pond or pool of water, and the said J. Wickes not then and there having any just right, or any reasonable or probable claim or cause to take, kill, carry away, or to destroy, or to attempt to take, kill, or destroy any fish in the said pond or pool of water, the said pond or pool not then being in a park or paddock, or in any garden, orchard, or yard adjoining or belonging to any dwelling-house, but then being in other inclosed ground, then and there being private property in the parish of Aldenham aforesaid:" whereupon he had been finfcd in the sum of 51., and refusing to pay the fine, was committed to prison by the Defendant for seren days. The reservoir, in which the plaintiff had fished, belonged to the Grand Junction Canal Company. It consisted of about GO acres, which had farmed part of Aldenham common, and was surrounded by a fence, except where a turnpike road was carried across it on a kind of causeway. On each side of the turnpike; road were rails, and over these rails the Plaintiff had projected his rod [480] and line. The fishery belonged to the lord of the manor, who had let it to the said Wm. Capel. The Plaintiff, who had asserted a kind of right to fish from the road, seemed in some measure to exult at the sentence of the magistrate, and refused all accommodation during his imprisonment. The warrant of commitment put in by the Defendant was as follows : " Liberty, of St. Albau's in the county of Hertford.-To Henry Simmonds, constable of Watford, ;aud also to the keeper of the house of Correction at St. AIbaa's in the said liberty.! " Forasmuch as Joseph Wickes, of the parish of Bushey in the said county, corn- (a) By vfhich it is enacted, " That any person who shall kill or destroy the fish in any river of stream, pond or pool, or other water, being lawfully convicted, shall forfeit and pay, for every such offence, the sum of 51. to the owner of the fishery." C. P. VJii.-13* 394 WICKES V. CLDTTERBUCK 2 BINO. 486. dealer, ia convicted before me, Robert Clutterbuck, Esq., one of his majesty's justices of the peace for the said liberty and county, on the complaint of the honourable and reverend William Capel, and on the oath of Thomas Harrison, servant to the Grand Junction Canal Company, for fishing with a rod and line in a pond or pool of water commonly knowh by the name of the reservoir in the parish of AUlenham in the said liberty, on the 16th day of May instant; the right of fishing in the said pond or pool being the private property of the honourable and reverend William Capel: " And whereas the said Joseph Wickes is duly convicted by me, the suid justice, in the penalty of five pounds, and the said Joseph Wickes refusing to pay the same, these are, therefore, to require you, the said Henry Simmonds, to convey the said Joseph Wickes to the house of correction at St. Alban's, and deliver him to the keeper thereof; and you, the said keeper of the said house of correction, are hereby required to receive the said Joseph Wickea into your custody in the said house of correction, and him safely keep for the space of seven [486] days, unless the said penalty of five pounds shall be sooner paid. Given under my hand and seal the 18th May, 1822. " robert clutterbuck, (L.S.)" The case of Brittain v. Kinnaird (1 B. & B. 432) was relied on by the Defendant, as an authority to shew that the conviction was conclusive evidence in his favor, and that it was not competent to the...
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