Hodgens v Poe

• Jurisdiction: Ireland
• Judgment Date: 18 November 1867
• Date: 18 November 1867
• Court: Court of Exchequer Chamber (Ireland)

Exch. Cham.

HODGENS

and

POE

Daniel v. PhillippsENR 1 Cr. M. & R. 552.

Braceyƒ€™s CaseENR Comb. 390, 1.

Prince v. NicholsonENR 5 Taunt. 333.

Goffƒ€™s CaseENR 3 M. & S. 203.

Reg. v. Waverton 17 Q. B. 562.

The King v. HoodENR 1 Mood. C. C. 281.

Hoye v. BushUNK 1 M. & Gr. 775; 2 Sc. N. R. 86.

Boyd v. DurandENR 2 Taunt. 161.

Money v. Leach 1 W. Bl. 555.

R. v. YorkENR 5 Burr. 2684.

Dr. Groenvettƒ€™s Case 1 Ld. Ray, 213.

King v. HawkinsENR Fortescue, 272.

King v. Chandler 1 Ld. Ray. 581.

R. v. Kendal and RoeENR 1 Salk. 347.

R. v. MarksENR 3 East, 157.

Ferrarƒ€™s Case Cr. Car. 371.

Hoye v. BushUNK 2 Sc. N. R. pp. 91, 94.

Howard v. Gossett 10 Q. B. 407.

Howard v. Gossett 10 Q. B. p. 441.

Money v. LeachENR 3 Burr. 1763.

Goffƒ€™s CaseENR 3 M. & S. 204.

Daniel v. PhillipsENR 1 Cr. M. & R. 671.

In re GeswoodENR 2 E. & B. 952.

The King v. GourlayENR 7 B. & C. 672.

Prince v. NicholsonENR 5 Taunt. 337.

Richards v. SetreeENR 3 Price, at p. 200, &c.

Howard v. Gossett 10 Q. B. p. 408.

Warrant of Commitment in default of Bail Names of Parties to be confined under a Warrant omitted in the body of the Warrant.

52 THE IRISH REPORTS. HODGENS v. POE (1). Warrant of Commitment in default of Bail-Names of Parties to be confined under a Warrant omitted in the body of the Warrant. A Warrant of Committal to hold to bail was headed " J. J. Poe, ComplainÂÂant; W. King, J. Hodgens, and J. Smith, Defendants," and addressed to the head constable ; and in the body of it commanded the constable to lodge the said - in the gaol of Nenagh, &c. Held, that the omission in the body of the Warrant of the names of the parties to be taken under it vitiated the Warrant. Tills case came before the Court on appeal from the judgment of the Court of Exchequer. It was an action for false imprisonÂÂment and malicious prosecution, tried at the Sittings after Trinity Term, 1866. The question turned upon the validity or invaÂÂlidity of a warrant of committal, signed by, and given in evidence on behalf of the Defendant, a magistrate of the county of Tipperary. The occurrences which led to the issuing of the warrant took place on the evening of Sunday, the 8th of January, 1865. The PlainÂÂtiff, accompanied by William King and John Smith, took possesÂÂsion of a seat in the church of Nenagh, which had been allotted to other parishioners by the churchwardens of the parish. The Plaintiff and his companions were several times requested to leave the seat they had usurped, and were offered accommodation elseÂÂwhere in the church; they obstinately refused; altercation arose, and divine service was interrupted by the noise. The Defendant then, by the aid of some policemen who were in Church, arrested the Plaintiff and his two associates, who were taken to the police barrack, where the Defendant afterwards, on the same evening, attended. The three young men were then brought before the Defendant, and informations were taken, charging them with hav ing disturbed the congregation in church. Bail was proposed and (1) Coram WHITESIDE, C. J. ; Ma- The ease in the Court of Exchequer NARA]; C. J. ; O'BRIEN, O'HAGA.N, is reported 17 Ir. C. L. R. 383. GEORGE, and MORRIS, JJ. COMMON LAW SEM& 53 accepted by the Defendant ; but the bail bonds not having been Exch. Chant. perfected, the matter ended by the Defendant signing the warrant 1867. of committal, the legality of which was now in question, and the A ODGENS Plaintiff and his companions remained one night in custody before bail was perfected ; and subsequently, the present action for false imprisonment was brought by the Plaintiff against the Defendant. The Judge, for the purposes of the trial, told the jury to consider the warrant illegal, and to give what damages they thought fit. The jury awarded 5 on this branch of the case ; and the Judge (the jury having awarded 5 damages for the imprisonment prior to the committal) directed the verdict to be entered for 5, giving the Plaintiff liberty to move that the verdict should be inÂÂcreased by. 5, if the Court should be of opinion that the Judge should have told the jury that the committal was illegal on the ground of the invalidity of the warrant. A conditional order was granted to increase the damages accordingly. That order was made absolute, and the verdict was increased by 5, pursuant to the leave reserved by the learned Judge. From that order the present appeal was brought. The Defendant justified under the 14th section of the 6th G. 1, c. 5 (Ir.), which provides, that if any person or persons shall come into any cathedral, parish church, &c., and disquiet or disturb the same, &c., such persons, upon proof thereof before any justice of the peace, by two or more sufficient witnesses, shall find two sureties to be bound by recognizance in the penal sum of 50, to appear at the next general or quarter sessions, &c., and in default of such sureties, shall be committed to prison, there to remain till the next general or quarter sessions, and upon conviction of the said offence, &e., shall suffer the pain and penalty of 20, &e. The warrant of committal, grounded on this provision of the Statute, and which the Plaintiff contended was void, as not containÂÂing the names of the parties to be committed under it, was in the following terms :- Petty Sessions (Ireland) Act, 1851, 14 & 15 Vic., cap. 93. Form E. b. Warrant to commit (or detain), for trial, &c. "Petty Sessions District of Nenagh, County Tipperary. " James Jocelyn Poe, one of -` " Whereas a complaint was made on the 8th day of January, 1865, on the oath of two credible witÂÂnesses, that the Defendants did, on this day, at Nenagh, in said County, disquiet and disturb a congregaÂÂtion assembled for public worship in St. Mary's Church, in the Town and parish of Nenagb. aforesaid. " This is to command you, to whom this warrant is addressed, to lodge the said - of Nenagh, in the gaol of Nenagh, in the said County of Tipperary, there to be imprisoned by the keeper of said gaol, as follows, until they shall find two sureties to be bound by recognizance in the penal sum of 50, late Irish currency, being equivalent to the sum of 46 3s. ld., British currency, to...