Attorney General v Jones
| Jurisdiction | England & Wales |
| Court | Exchequer |
| Judgment Date | 01 January 1863 |
| Date | 01 January 1863 |
English Reports Citation: 159 E.R. 144
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 33 L. J. Ex. 249; 6 L. T. 655.
[347] the attorney general v. jones. 1863.-On the trial of an information of intrusion, the question being as to the title of the defendant, as against the Crown, to a portion of the sea shore between high and low water mark, adjacent to Cemmaes in the isle of Anglesea, the defendant gave in evidence a grant by Jame8 I. of the manor of Cemmaes to an ancestor of the present lord of the manor, and also gave evidence of acts of ownership over the shore in question both by himself and the lord of the manor; and there was also evidence of acts of ownership on the part of the Crown. The learned Judge told the jury that the grant of the manor did not pass the sea shore, and he left it to the jury to say whether they were satisfied by the evidence of user that the defendant had acquired a title as against the Crown. Held, a misdirection, and that the proper question was whether the evidence of user coupled with the grant satisfied the jury that the defendant had such title.-Quaere, whether the Venedotian Code of Howel Dda ia now the law of Anglesea. [S. C. 33 L. J. Ex. 249; 6 L. T. 655.] Intrusion. The information stated, that a certain piece of land, about eighty yards in length and forty yards in width, situate on the sea shore adjacent to the Tillage of Cemmaes, in the parish of Llanbadng, in the county of Anglesea, in the hands and possession of her Majesty, on the 1st day of January, A.D 1851, and long before and continually thence hitherto, was and stood, and of right still ought to be and stand, as in right of her Crown of England, as in and by very many records of this Exchequer appears on record. Nevertheless the defendant, contriving the dis-inherison of her Majesty, with force and arms, heretofore, to wit, on the day and in the year aforesaid, and on divers other days and times between that day and the commencement of this suit, in and upon the possession of hei Majesty of and in the premises, entered and intruded, and made entry, and the issues and profits thereof coming perceived and had, and as yet doth perceive and have to his own use, and dug up and subverted and spoiled the earth and soil thereof, and built and erected thereon a certain pier or breakwater, and has kept and continued the same thereon thence hitherto, and thereby and therewith greatly incumbered the said land and premises, the same trespass and intrusion thence hitherto and as yet continuing, in contempt of her Majesty, &e. Plea. That neither the possession, nor the right of actual [348] possession of the land and premises by the said information claimed to be in her Majesty, was not nor is in her Majesty, as by the said information alleged or supposed. Issue thereon. At the trial before Keating, J., at the Cheshire Spnng Assizes, 1862, it appeared that the information was filed by the Attorney...
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Geere v Charles Mare
...Mare was not indebted to the plaintiff and the said Thomas Geere as is in the declaiution 2H&C. 3*4 GEERE 1'. MARE144 THE ATTORNEY GENERAL V. JONES 2 H. & C. 347. It is sufficient to say that he executed the indenture to secure the payment of an illegal debt, and as that debt could not ......