Ellen Pilkington v Riley and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 April 1849 |
| Date | 23 April 1849 |
| Court | Exchequer |
English Reports Citation: 154 E.R. 1043
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
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...
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Shepherd, Deputy-Master of the Trinity House, Deptford Strond v Sharp
...by the government come within the same category as Acts relating to the king. (He referred also to Law v. Dodd (1 Exch. 845)., Pilhnyton v. Riley (3 Exch 739). Bovill replied. Cur. adv vult. The judgment of the Court was now delivered by CoLERlDOE, J The question in this case arises on the ......