The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity

The Revised Reports; Being a Republication of Such Cases in the English Courts of Common Law and Equity : From the Year 1785, as Are Still of Practical Utility Volume 108

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1856 edition. Excerpt: ...The Loan CHIEF JUSTICE left to the jury the questions: Whether, at the remand at Docking, on 23rd January, there were two sureties and recognizances, or only one; and whether the defendant knew that there was only one or believed that there were two, and that the notices had been given. The jury found that there was only one surety, and that the defendant thought there were two. A verdict was thereupon entered for the plaintiff, on both counts of the declaration, leave being reserved to move as after mentioned. In this Term, Byles, Serjt. obtained a rule to show cause why a verdict should not be entered for defendant, " on the grounds: that the charges were correct; that the statute does not apply to charges made erroneously under a misapprehension of fact; that the alleged erroneous charges were not other or greater fees than the statute authorizes; that the table of fees was not approved at the proper Sessions; that the table was not a legal table; that the defendant committed no offence under the Act." Afterwards, in this Term (1), As to the questions of the power to adjourn, and the proper interpretation of the fee table, I should like to take time for consideration. But, on the point whether an offence has been committed by the defendant acting in ignorance of the fact, I am clearly of opinion that the complaint fails. Actus non facit rewm. nisi mens sit rea. Here the defendant, very reasonably believing that there were two sureties bound, besides the principal, has not, by making a charge in pursuance of his belief, incurred the forfeiture: the language of the statute is " for every such offence." If therefore the table allowed him to charge for three recognizances when there are a principal and two sureties, more

Product details

  • Paperback | 442 pages
  • 189 x 246 x 23mm | 785g
  • United States
  • English
  • black & white illustrations
  • 1236777441
  • 9781236777447