Hammond and Others v Bradstreet
| Jurisdiction | England & Wales |
| Judgment Date | 03 July 1854 |
| Date | 03 July 1854 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 496
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 2 C. L. R. 1195, 23 L J. Ex 342, 2 W. R 625. Followed, Attorney-General v. Horney, [1913] 2 Ch. 154.
hammond and others v bradstreet July 3, 1814 -To an action of repWin alleging the taking of the goods in the plaintiff's dwelling-house in the county of Norfolk, the defendants pleaded, first, that they did not take the goods modo et forma; and secondly, that they took them in the parish of S , in the county of Suffolk, absque hoc, that they took them in Not folk, adding, by way of avowry for a return of the goods, that they took them as ovei seers of the poor of S. under the 43 Eliz c. 2. The plaintiff at the trial, in order to shew that the house in question was situate in Norfolk, tendered in evidence an old map, printed on paper from an engraved copperplate, and having on the face of it the following words, "A new map of the county of Suffolk, taken from the original map published by Mr. J K. in 1736, who took an actual and accurate survey of the whole county; now republished, with corrections and additions by J & W K , sons of the author, 1766, and engraved by J. II." This map was produced by a witness, who was a magistrate of both counties, and had bought the map twelve years before the trial, and, during the time it had been in his possession, it had not been altered .-Held, on erroi, that the map was not admissible in evidence. -The plaintiff also tendered in evidence the instrument of apportionment of the tithe rent-charge of S, duly sealed and confirmed by the Tithe Commissioners, dited ten years previously, together with the map annexed thereto and referred to therein This instrument did not, nor did the map annexed, include the plaintiff's house or any land on that side the river on which the house was situated. -QiiEere, whether these documents were admissible in evidence in support of the affirmative of the issue raised by the second plea. [S. C. 2 C. L. R. 1195 , 23 L J Ex 352, 2 W. R 621 Followed, Attot ney-General v. Hmnw, [1913] 2 Ch. 154.] This was a proceeding m error upon a bill of exceptions. It was an action of replevin alleging the taking of the goods in the plaintiff's dwelling-house, called Vauxhall, in the county of Norfolk The defendants pleaded, first, that they did not take the said goods modo et forma , and, secondly, that they took the goods in South-town, in the parish of Gorleston, in the county of Suffolk, in part of a certain house called Vauxhall, without this, that they took the goods or either of them in the county of Norfolk, as alleged, concluding to the country ; and, in order to have a return of the goods, an avowry was added, that the goods were taken by the defendants as overseers of the parish of Gorleston with Southtown, in Suffolk, under the authority of the 43 Eliz. c. 2, " An Act for the Relief of the Poor " Upon these pleas issues were joined. At the trial, before Lord Campbell, C J, at the Spring Assizes for the county of Norfolk, in 1852,, the plaintiff [391J proved that the defendants took the goods in his dwelling-house, which was situate on the north side of a certain estuary called the 10 EX. 392. HAMMOND V. BRADSTREET 497 Bieydon Water, which is formed by the junction of the rivers Waveney and Wensum...
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Pipe against Fulcher
...had been tendered for the purpose of shewing whether the land was in one vill or another, it might have been good evidence." Hammond v. Bradstreet (10 Exch. 390) was cited on moving for this rule. But the Court, in that case, rejected the map, first, because it was not proved to come from p......