Page images
PDF
EPUB

1844.

The QUEEN

v.

RICHARDS.

and for the county in the recital of the conviction mark that the justice acts in the county, and the venue shews the residence of the justice at the time. This is the form of all orders of removal to which the same doctrine applies. The gaoler, therefore, returns a good warrant of commitment, namely, that delivered on the 15th of April. Can the Court then discharge the prisoner because another cause has been returned with regard to him, which is insufficient? The case of Re Elmy and Sawyer (a) was decided, not on the general power, but on the special act, and the authority there given. The second warrant contained no reference to the first, and the gaoler stated that the first had been taken from his house. It did not, therefore, appear that the justices did intend to amend the former warrant. But this case differs. The Court cannot discharge the prisoner unless wrongfully in custody. But he is not wrongfully so, if under a legal warrant. The gaoler may be liable for the intermediate time, but that will not entitle the prisoner to his discharge. The Court will not assume that the subsequent warrants were founded on the prior ones, and that the conviction is bad, when there is a warrant of commitment reciting a good conviction.

Lord DENMAN C. J.-We think you right in that respect. We cannot say the commitment is bad when the warrant shews a legal conviction upon which it is supported.

PATTESON, WILLIAMS and COLERIDGE Js. concurred. (b)

(a) 1 Ad. & Ell. 843. (b) See Reg. v. Tordoft, ante, p. 693.

END OF EASTER TERM.

THE following rule was read in this Court on April 24th in the present term.

REGULA GENERALIS.

Easter Term in the Seventh Year of the Reign of Queen Victoria.

IT is ordered that for the future it shall not be necessary to have a warrant of attorney to acknowledge satisfaction of a judgment, or a judge's fiat thereon, but that it shall be requisite only to produce a satisfaction piece similar to that in use in the Court of Queen's Bench; except that in all such cases such satisfaction piece shall be signed by the plaintiff or plaintiffs, or their personal representatives, and such signature or signatures shall be witnessed by a practising attorney of one of the Courts at Westminster, expressly named by him or them, and attending at his or their request to inform him or them of the nature and effect of such satisfaction piece before the same is signed, and which attorney shall declare himself in the attestation thereto to be the attorney for the person or persons so signing the same, and state he is witness as such attorney, but any judge at chambers shall have power to make an order dispensing with such signature of the plaintiff or plaintiffs, or their personal representatives, under special circumstances, as he may think right: And that, in cases where the satisfaction piece is signed by the personal representative of a deceased plaintiff, he shall prove his representative character in such way as the Master may direct. (Signed.) DEnman.

N. C. TINDAL.
FRED. POLLOCK.

J. WILLIAMS.
J. T. COLERidge.
T. COLTMAN.

[blocks in formation]
[blocks in formation]

ANNUITY.

Money had and received-Considera-
tion of Annuity-Statute of Limita-
tions.

Where an annuity was granted by
the defendant to the plaintiff in
1826, part of the securities for
which was a warrant of attorney
and judgment, which were after-
wards, in 1842, set aside by the
Court, upon application by the
defendant, the rule nisi stating
amongst other grounds a defect in
the memorial, but it did not appear
from the rule absolute that the
judgment and warrant of attorney
were set aside upon that ground,
and no examined copy of the me-
morial was produced by the de-
fendant, nor any defect therein
proved :-

Held, 1. That an action for
money had and received lay by
the plaintiff to recover the consi-
deration of the annuity.

2. That the Statute of Limita-
tions was no bar to the action, the
defendant not having proved the
annuity to be void ab initio. Hug-
gins v. Coates.

APPEAL.

See POOR.

APPOINTMENT.

See POWER.

433

APPROPRIATION OF PAY-

MENTS.
See BANKER.

ARBITRATION.
See PARTNERSHIP.

ARREST.

See SHERIFF.

Action for Arrest of privileged Person.
Held in the Exchequer Chamber

[blocks in formation]
« PreviousContinue »