Respublica v. Hannum
Supreme Court of Pennsylvania
A RURE has been made at last term, on the defendant, a justice of the peace of Chester county, to shew cause, why an inform ation should not be granted against him for extortion and oppression. This rule was granted on the affidavit of Hazael Thomas, who deposed, that on a prosecution against him and sixteen others, for a riot and assault and battery, the defendant had received from him, for justice’s fees alone, 25I. 3s. 6d. according to a bill produced and filed by him.
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A RURE has been made at last term, on the defendant, a justice of the peace of Chester county, to shew cause, why an inform ation should not be granted against him for extortion and oppression. This rule was granted on the affidavit of Hazael Thomas, who deposed, that on a prosecution against him and sixteen others, for a riot and assault and battery, the defendant had received from him, for justice’s fees alone, 25I. 3s. 6d. according to a bill produced and filed by him. The bill was as follows:— Respublica 'l *• } Thomas and 16 others. J £■ s. d. 17 warrants,.1 66 18 Recognizances,.,..,.1…
1Per curiam
The charges againt Mr. Hannum are extortion and oppression. Probable cause was shewn why the rule should be taken.
*741 * The defendant has now shewn cause, that he has -■ not taken more fees than were usual in Chester county. This is proved by the certificates of five gentlemen in the commission. But the rule of charging fees by the justices of Chester county is certainly illegal. It is a greater gratuity than any officers usually receive for their services. By an act of assembly passed 27th November 1779, the right of an officer to take fees, as regulated by law or practice was rec-nized; but it…
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