Bagge v Whitehead

JurisdictionEngland & Wales
Date1892
CourtCourt of Appeal
[COURT OF APPEAL] BAGGE v. WHITEHEAD. 1892 Feb. 24; April 12. LORD ESHER, M.R., FRY and LOPES, L.JJ.

Sheriff - Wrongful Act of Bailiff - Liability of Sheriff to Penalty - Sheriffs Act, 1887 (50 & 51 Vict. c. 55), s. 29, sub-s. 2.

By s. 29, sub-s. 2, of the Sheriffs Act, 1887: “If any person being either a sheriff, under-sheriff, bailiff, or officer of a sheriff …. is guilty of any offence against or breach of any of the provisions of this Act, or of any wrongful act or neglect or default in the execution of his office, or of any contempt of any superior Court, he shall …. be liable — (i.) to be punished by the Court as hereinafter mentioned, and (ii.) to forfeit two hundred pounds, and to pay all damages suffered by any person aggrieved.”

An execution debtor brought an action against a sheriff under the above section to recover a penalty of 200l. on the ground that the sheriff's bailiff in executing a writ of fi. fa. had not excepted from seizure wearing apparel, bedding, tools, and implements of trade to the value of 5l., as required by 8 & 9 Vict. c. 127, s. 8:—

Held, that the liability to a penalty was imposed by the section only upon the person actually guilty of the wrongful act, and that the sheriff was, therefore, not liable.

APPEAL of the plaintiff from the judgment of Wills, J., at the trial without a jury.

The action was brought against the sheriff of London under s. 29, sub-s. 2, of the Sheriffs Act, 1887F1, to recover a penalty of 200l. for an alleged breach of his duty as sheriff, the breach of duty relied on being that his bailiff, in executing a writ of fi. fa. under a judgment obtained against the plaintiff, had not left apparel, bedding, tools, and implements of trade to the value of 5l., as required by 8 & 9 Vict. c. 127, s. 8. The defendant paid a sum of 10l. into Court, with an alternative defence denying liability. The learned judge found as a fact that the bailiff had not excepted the required amount of property from seizure; but held that under s. 29 of the Sheriffs Act, 1887, the sheriff was not liable to a penalty for the wrongful act of his bailiff, the person guilty of the misconduct being the only person liable to a penalty under the section; he, however, awarded the plaintiff 5l. general damages at common law. The plaintiff appealed.

Feb. 24. Ambrose, Q.C., and Cavanagh, for the plaintiff. The liability to the penalty attaches to the sheriff, though there may have been no personal misconduct on his part. Where the...

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4 cases
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    • Ireland
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    • 18 d4 Outubro d4 2001
    ...AG FOR CANADA 1931 AC 310 KENNY OUTLINES OF CRIMINAL LAW FRAILEY V CHARLTON 1920 1 KB 147 LEE V DANGAR 1892 2 QB 337 BAGGE V WHITEHEAD 1892 2 QB 355 OFFENCES AGAINST THE STATE (AMDT) ACT 1985 S2 OFFENCES AGAINST THE STATE ACT 1939 S22 HAUGHEY, RE 1971 IR 217 CALERO-TOLEDO V PEARSON YAC......
  • Murphy v GM PB PC Ltd and GH
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    ...PROVISIONS) ACT 1945 S5(1)(a) CUSTOMS (TEMPORARY PROVISIONS) ACT 1945 S5(3) LEE V DANGAR GRANT & CO 1892 2 QB 337 BAGGE V WHITEHEAD 1892 2 QB 355 CRIMINAL JUSTICE ACT 1994 S63 CLANCY V IRELAND 1988 IR 326 MCLOUGHLIN V TUITE 1989 IR 82 O'KEEFFE V FERRIS 1997 2 ILRM 161 UNITED STATE V HAL......
  • Melling v O Mathghamhna
    • Ireland
    • Supreme Court
    • 1 d2 Janeiro d2 1963
    ..., Kingsmill Moore , Ó Dálaigh ó dálaigh and Maguire JJ. (1) [1920] 1 K. B. 147. (2) [1939] I. R. 274. (3) [1892] 2 Q. B. 337. (4) [1892] 2 Q. B. 355. (1) [1944] N. I. 91. (2) 94 I. L. T. R. 161. (3) [1935] N. I. 211. (4) [1946] 1 K. B. 176. (5) [1930] I. R. 163. (6) [1954] 2 Q. B. 443. (7) ......
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    • Supreme Court
    • 13 d2 Junho d2 1989
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