Ellen Pilkington v Riley and Others

JurisdictionEngland & Wales
Judgment Date23 April 1849
Date23 April 1849
CourtExchequer

English Reports Citation: 154 E.R. 1043

IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER

Ellen Pilkington
and
Riley and Others

S. C. 6 D. & L. 628; 18 L. J. Ex. 323.

|739] ellen pilkington v. riley and others. April 23, 1849.-Trespass for breaking and entering a close and taking goods. Plea, not guilty (by statute). The action was brought against the defendants, as inspectors under the Paving and Lighting Act, (3 & 4 Will. 4, c. 90,) for seizing goods under a distress for rates assessed on the plaintiff' and A. P. The G9th section enacts, that no action : shall be commenced for anything done in pursuance of that Act, "until twenty-one days' notice has been given thereof." The notice was signed by a person describing himself as attorney for the plaintiff' and A. P.; and, after reciting the seizure and distress, stated that, as attorney for the plaintiff and A. P., he gave notice, that, after twenty-one days, an action would be commenced for the recovery of damages for such illegal seizure and distraint. At the time the notice was given, A. P. was dead :-Held, that the notice was bad, by reason of its including the name of a person who was dead; also that the 3 & 4 Will. 4, c. 90, was a public Act, and consequently the want of notice need not be specially pleaded.-Whether the notice was bad for omitting to state that the plaintiff' also claimed compensation for breaking the close, qusere. ; [S. C. 6 D. & L. 628 ; 18 L. J. Ex. 323.] : Trespass for breaking and entering the plaintiff's close and seizing her goods. Plea not guilty (by statute). ; At the trial before Coleridge, J., at the last Lancaster Spring Assizes, it appeared that the plaintiff' and her brother Abraham Pilkington, since deceased, carried on the jiusiness of bleachers in the township of New Accrington, in the county of Lancaster, and that the defendants were inspectors appointed under the 3 & 4 Will. 4, c. 90, for the lighting and watching of parishes in England and Wales. The action was brought bo recover damages for seizing goods under a distress warrant for a lighting rate assessed on. the plaintiff and Abraham Pilkington. On the 22nd May, 1848, at which [time Abraham Pilkington was dead, the plaintiff, by her attorney, caused to be served upon the defendants the following notice of action :- " To John Hiley, David Andrew, &c., inspectors of the township of New Accrington, jin the county of Lancaster, acting under the provisions of the statute passed &c., ;(3 & 4 Will. 4, e. 90), and...

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