Ex parte Bodenham, Under-Sheriff of Herefordshire. Jephson, a Lunatic
| Jurisdiction | England & Wales |
| Judgment Date | 26 November 1838 |
| Date | 26 November 1838 |
| Court | Court of the Queen's Bench |
English Reports Citation: 112 E.R. 1105
IN THE COURT OF QUEEN'S BENCH
SAD. ft E. 960. EX PARTE BODENHAM 1105 Ex parte bodenham, Under-Sheriff of Herefordshire. in the matter of jephson, a Lunatic (a). Monday, November 26th, 1838. Where an attorney, attending a commission of lunacy for the petitioner, promised the under-sheriff to pay the fees due to him, the commissioners and the jury, on the inquisition being returned, but failed to do so on the return and on requeat, this Court granted a rule calling upon him to pay such fees, on the ground that, when his undertaking was accepted, credit was given to him in his professional character. And it was held no objection to such rule, that the proceedings in respect of which the obligation was incurred took place in another Court. Busby had obtained a rule calling upon William Parker, an attorney of this Court, to shew cause why he should not pay to Mr. Bodenham, the Under-Sheriff of Herefordshire several sums of money pursuant to his undertaking. By the affidavit of Mr. Bodenham, upon which the rule had been granted, it appeared that a commiaaiou de lunatico inquirendo directed to certain persons in the county of Hereford, had been issued to ascertain the state of mind of John Jephson, an alleged lunatic: that Bodenham, as under-sheriff, by virtue of the commissioners' precept, summoned the jury : that the inquiry lasted several days : that the fees payable to the commissioners, the jury, and Bodenham as under-sheriff, amounted to 3761.: that at the last meeting [960] Mr, Parker, who had attended the inquiry as solicitor for the petitioner, stated that he was unprepared with money to pay the commissioners and jury, but offered hia undertaking to diaeharge all the fees when the inquisition should be returned ; that Bodenham thereupon communicated with the commissioners and jury, who instructed him to make such terms with Parker as would insure payment, and that Parker then gave him the following written undertaking. " Eoss, 9th March 1838. In the Matter of Jephson, a supposed lunatic. I hereby undertake to pay to Francis Lewis Bodenham, gentleman, Under-Sheriff of the county of Hereford, the several fees payable to the commissioners, jury, under-sheriff, and bailiffs, for the execution of this commission, upon the inquisition being returned and delivered to the proper authority. Wm. Parker." The inquisition was returned...
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Att Gen v Carbonneau
...Ltd. Cases cited: (1) Aitken, ReENR(1820), 4 B. & Ald. 47; 106 E.R. 855, distinguished. (2) Bodenham, Ex p.ENR(1838), 8 Ad. & E. 959; 112 E.R. 1105, distinguished. (3) Dangar”s Trusts, ReELR(1889), 41 Ch. D. 178, dicta of Stirling J. applied. (4) Dixon v. WilkinsonENR(1859), 4 De G. & J. 50......