Carratt v Morley, Goodwin, Marshall, W. Rainey, Soulby, E. Rainey, Richardson, and Horn
| Jurisdiction | England & Wales |
| Judgment Date | 25 May 1841 |
| Date | 25 May 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 1036
IN THE COURT OF QUEEN'S BENCH.
S. C. 1 G. & D. 275; 10 L. J. Q. B. 259; 6 Jur. 259. Distinguished, Coomer v. Latham, 1847, 16 Mee. & W. 715. Considered, Pease v. Chaytor, 1863, 3 B. & S. 643. Adopted, Mayor of London v. Cox, 1867, L. R. 2 H. L. 263.
The following case was decided in Trinity term, 1841. carhatt v. morley, goodwin, marshall, W. rainey, soulby, E. rainky, richardson, and horn. [May 25th, 1841.] By stat. 47 G. 3, c. Ixxviii., entitled "An Act for the more Speedy and Easy Recovery of Small Debts in the Sokes of 13olingbrooke and Horncastle, and other Places, in the County of Lincoln," certain commissioners are " constituted a Court of Justice, by the name and style of ' The Court of Requests for the Sokes of Bolingbrooke and Horn-castle, and Wapentake of Candleshoe (except the parishes of H., S., and F.), in the County of Lincoln; and for the Wapentake of (!,'" &c. (enumerating several wapentakes, parts of others, and five parishes), "'in the said county,'" and are authorised to hear causes of certain kinds, where the defendant is residing within the places mentioned (except the wapeutake of W. and certain parishes named), or keeping house, &c., or using any market, or seeking a livelihood, or in any way trading, &c., within the same; and thereupon to give judgments, and award execution against body or goods. The clerks and their deputies are required to issue all precepts required by the Act, and the Serjeants to execute them; and the serjeanta, in case of neglect, are liable to make compensation, and to be fined. M. summoned C. in the Court. Five commissioners, on the hearing, ordered execution against the body of C.; the deputy clerk issued a precept thereon, and delivered it to a Serjeant, who arrested C. C. sued M., the commissioners, and the Serjeant, for false imprisonment. On the trial, it appeared that C. resided in the excepted wapentake of W.; and it was not shewn that any evidence was (a) See the next case. 1Q. B. 19. CARRATT V. MORLEY 1037 given before the Court of Requests tending to bring C. within their jurisdiction. The precept described the Court as the Court of Requests for the sokes of Bolingbrooke and Horncastle, and other places in the county of Lincoln. None of the proceedings stated any fact shewing C. to have been within the jurisdiction of the Court. Held, 1. That the commissioners were liable in trespass for proceeding without jurisdiction. 2. That it lay on them to shew that proof of jurisdiction had been given ; and that the jurisdiction could not be inferred merely from their having acted. 3. That the commissioners were not liable for the fault in the precept. 4. That the Serjeant was not liable for the want of jurisdiction. 5. But that he was liable for executing the precept which misdescribed the Court. 6. That M. was not liable at all. [S. C. I G. & D. 275; 10 L. J. Q. B. 259; 6 Jur. 259. Distinguished, Coomer v. Latham, 1847, 16 Mee. & W. 715, Considered, Pease v. Ghaytm; 1863, 3 B. & S. 643. Adopted, Mayor of London v. Cox, 1867, L. R. 2 H. L. 263.] Trespass for assault and false imprisonment. Plea, not guilty (by statute). Issue thereon. On the trial, before Lord Abinger C.B., at the Lin-[19]-colnshire Summer Assizes, 1839, the following facts appeared. By stat. 47 G. 3, sess. 2, c. Ixxviii. (cited ante, p. 6 (a)), two local Acts, stat. 18 G. 3, c. 34, and stat. 19 G. 3, c. 43, for the recovery of small debts iti certain, places in Lincolnshire, are, with some exceptions, repealed ; sect. 4 preserving stat. 19 G. 3, c. 43, so far as regards the vvapentake of Wraggoe. By sect. 5, certain commissioners therein named, and their successors, "shall be and are hereby constituted a Court of Justice, by the name and stile of 'The Court of Requests for the Sokes of Bolingbrooke and Horncastle, and Wapentake of Candleshoe (except the Parishes of Hagnaby, Welton in the Marsh, Steeping Magna, and Firsby), in the County of Lincoln : and for the Wapentakes of Gartree, Louth-Eske, Ludborough, Calesworth, Hill, and Walshcroft, the North and South Divisions of the Wapentake of Yarborougb, such parts of the Wapentake of Manley as lie east of the River Trent, and the Parishes of Faldingworth, Buslingthorpe, Snarford, Friesthorpe, and Hanworth, in the said County.'" Sect. 6 enacts that the...
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