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THE POOR LAWS, THE CRIMINAL LAW,
AND OTHER SUBJECTS
CHIEFLY CONNECTED WITH
The Duties and Office of Magistrates,
DECIDED PRINCIPALLY IN
THE COURT OF QUEEN'S BENCH AND THE COURT FOR
MICHAELMAS TERM 1855, TO TRINITY TERM 1856,
HENRY JOHN HODGSON, Esq.,
COLLEY HARMAN SCOTLAND, Esq. AND FRANCIS RUSSELL, Esq.
FORMING PART III. OF
NEW SERIES, VOL. XXV.
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's Court, Chancery Lane.
PUBLISHED BY EDWARD BRET INCE, 5, QUALITY COURT, CHANCERY LANE.
REPORTS OF CASES
CHIEFLY CONNECTED WITH
THE DUTIES AND OFFICE OF MAGISTRATES.
VOL. XXV. (NEW SERIES), COMMENCING WITH
MICHAELMAS TERM, 19 VICTORIÆ.
THE QUEEN . THE JUSTICES
Nov. 2. S OF THE ISLE OF ELY. Recognizances-3 Geo. 4. c. 46.Estreat at Sessions subsequent to Default Costs of dismissed Appeal.
At the Quarter Sessions, held on the 18th of October, an appeal against a refusal to grant an alehouse licence was heard and dismissed, and an order made that the appellant should "forthwith pay the respondents" their costs. A blank was left in this order for the amount of the costs, which was not filled up till the taxation took place, which was at some time between that day and the 14th of November, to which the Sessions were adjourned. At the next Quarter Sessions, held in January, the recognizances which had been entered into by the appellant under the 9 Geo. 4. c. 61. s. 27, conditioned for his appearance at the Michaelmas Sessions, and then and there trying his appeal and paying such costs as the Court might award, were estreated, upon affidavit of a demand and refusal to pay the costs specified in the order having been made previous to the January Sessions :—Held, that the January Sessions had jurisdiction to estreat the recognizances.
This was a rule calling upon the Justices of the Isle of Ely to shew cause why a writ NEW SERIES, XXV.-MAG. CAS.
of certiorari should not issue to remove into this court an order made at the Quarter Sessions holden in and for the said isle on cognizances entered into by one Jeffrey Ely the 3rd of January 1855, whereby the re
and his sureties, in an appeal tried at the preceding sessions against the refusal of an alehouse licence, were ordered to be estreated, and also the said recognizances and the order of Sessions upon which the before - mentioned order to estreat was made, and the roll transmitted by the clerk of the peace to the sheriff, and the several writs directed to the sheriff and his returns thereto.
The following appeared by the affidavits to be the facts of the case.
At the Michaelmas Quarter Sessions for the Isle of Ely, held on the 18th of October 1854, the appeal was heard and dismissed, and an order made "that the appellant forthwith pay to the respondents (the Justices) their costs. The clerk of the peace was not able, through pressure of business, to tax the costs at that time, and a blank for their amount was left in the order of Sessions as originally drawn up; but the Sessions being adjourned to the 14th of November, in the interval between the 18th of October and the 14th of November the costs were taxed by the clerk of the peace at the sum of 22l. 16s.,