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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
CROWN CASES RESERVED,
MICHAELMAS TERM 1855, TO TRINITY TERM 1856,
HENRY JOHN HODGSON, Esq.,
FORMING PART III. OF
NEW SERIES, VOL. XXV.
THE LAW JOURNAL REPORTS.
Printed by James Holmes, 4, Took's 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 O. THE JUSTICES
OF THE ISLE OF ELY.
of certiorari should not issue to remove Nov. 2.
into this court an order made at the Quarter
Sessions holden in and for the said isle on Recognizances --- 3 Geo. 4. c. 46. Estreat at Sessions subsequent to Default cognizances entered into by one Jeffrey Ely
the 3rd of January 1855, whereby the reCosts of dismissed Appeal.
and his sureties, in an appeal tried at the At the Quarter Sessions, held on the 18th preceding sessions against the refusal of of October, an appeal against a refusal to an alehouse licence, were ordered to be grant an alehouse licence was heard and estreated, and also the said recognizances dismissed, and an order made that the ap- and the order of Sessions upon which the pellant should " forthwith pay the respon- before - mentioned order to estreat was dents" their costs. A blank was left in this made, and the roll transmitted by the clerk order for the amount of the costs, which was of the peace to the sheriff, and the several not filled up till the taxation took place, writs directed to the sheriff and his returns which was at some time between that day and thereto. the 14th of November, to which the Sessions The following appeared by the affidavits were adjourned. At the next Quarter Ses- to be the facts of the case. sions, held in January, the recognizances At the Michaelmas Quarter Sessions which had been entered into by the appellant for the Isle of Ely, held on the 18th of under the 9 Geo. 4. C. 61. s. 27, condi- October 1854, the appeal was heard and tioned for his appearance at the Michaelmas dismissed, and an order made" that the apSessions, and then and there trying his ap- pellant forthwith pay to the respondents" peal and paying such costs as the Court (the Justices) their costs. The clerk of the might award, were estreated, upon affidavit peace was not able, through pressure of of a demand and refusal to pay the costs business, to tax the costs at that time, and specified in the order having been made a blank for their amount was left in the previous to the January Sessions :—Held, order of Sessions as originally drawn up; that the January Sessions had jurisdiction but the Sessions being adjourned to the to estreat the recognizances.
14th of November, in the interval be
tween the 18th of October and the 14th This was a rule calling upon the Justices of November the costs were taxed by the of the Isle of Ely to shew cause why a writ clerk of the peace at the sum of 221. 16s., NEW SERIES, XXV.-Mag. CAS.