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Reports of Cases Relating to the Duty and Office of Magistrates; Determined in the Court of King's Bench, and Other Courts, Form Mich. Term, 1832 [-1836]

Reports of Cases Relating to the Duty and Office of Magistrates; Determined in the Court of King's Bench, and Other Courts, Form Mich. Term, 1832 [-1836]


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1834 Excerpt: ...for the defendants, opened, that the magistrates were informed that Goddard, the officer, had a complaint to make against Mr. Smyth, for having tam x 1832. pered with the due course of justice; and that Goddard not then being at the office, they detained Mr. Smyth till Goddard was sent for. And he contended, that if a Biftnie. magistrate has a person before him, charged with either felony or misdemeanor, he may either go into the case immediately, or detain the party to await his leisure. And he cited the case of Bronghton v. Mulshoe (a). Lord Tenter Den, C. J.--I am of opinion that the justices could not detain a person known to them till some other person should make a charge. 1 think, before they detain a known person, they should have a charge made; therefore, unless you can shew that Goddard's charge was made by him, and received by the magistrates before Mr. Smyth was stopped, you cannot vary the case; and it is plain that you cannot, as they evidently detain Mr. Smyth till Goddard makes his charge, and then it is found to be not sufficient. However, I will hear any evidence you have to offer. Adotphus declined calling witnesses. Lord Tenterden, C. J. (in summing up).--The only question of fact is, whether Mr. Smyth was detained against his will; for 1 think that a magistrate is not justified in detaining a known person till a charge is made. The magistrate should have the charge actually made before he detains the party. Verdict--Guilty. (a) Moore, 408. This was an custody till the next day, which action for false imprisonment, in he did." This was held a good which the defendant justified justification, without alleging the "for that the plaintiff being in cause that the justice had for the presence of a justice of peace, imprisoning the p...


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Product Details
  • ISBN-13: 9781150874901
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 184
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1150874902
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 340 gr


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Reports of Cases Relating to the Duty and Office of Magistrates; Determined in the Court of King's Bench, and Other Courts, Form Mich. Term, 1832 [-1836]
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