Henly v The Mayor and Burgesses of Lyme
| Jurisdiction | England & Wales |
| Judgment Date | 19 June 1828 |
| Date | 19 June 1828 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 995
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 3 Moo. & P. 278; 6 L. J. C. P. (O. S.) 222: affirmed in Error, 3 B. & Ad. 77, and in House of Lords, 2 Cl. & F. 331; 8 Bligh (N. S.), 690; 1 Bing. N. C. 222; 1 Scott, 29. see the note, 5 E. R. 1097; 6 E. R. 1180, to which add, Bathurst Borough v. Macpherson, 1879, 4 App. Cas. 267; Simpson v. Attorney-General, [1904] A. C. 491.
henly v. the mayor and burgesses of lyme. June 19, 1828. [S. C. 3 Moo. & P. 278; 6 L. J. C. P. (0. S.) 222: affirmed in Error, 3 B. & Ad. 77, and in House of Lords, 2 Cl. & F. 331; 8 Bligh (N. S.), 690; 1 Bing. N. C. 222; 1 Scott, 29, See the note, 5 E. R. 1097; 6 E. R. 1180, to which add, Bathurst Borough v. Macpherson, 1879, 4 App. Gas. 267; Simpson v. Alfmney-Geiieral, [1904] A. C. 491.] An individual who has suffered loss in consequence of the decay of sea-walls, which a corporation is directed to repair under the terms of a grant from the crown conveying a borough, and pier or quay with tolls, to the corporation, may sue the corporation for damages. Case, for neglect to repair sea-walls, per quod, &c. At the Dorchester Spring assizes 1828, before Littledale J., after the evidence had been gone through, a [92] verdict was, by consent of counsel on both sides, taken for the Plaintiff on the two first counts of the declaration. The first, stated, That on the 20th of June in the tenth year of Charles I., to wit, at the pariah of Lyme Regis, in the county of Dorset, our said late sovereign by bis certain letters patent duly sealed in that behalf, after reciting as therein was recited, did for himself, his heirs and successors (amongst other things), give, grant, and confirm to the mayor and burgesses of Lyme Regis aforesaid, and their successors, the borough or town of Lyme Regis; and also all that the building called the pier, quay, or cob of Lyme Regis; with all and singular the liberties, privileges, profits, franchises, and immunities to the same town or to the said pier, quay, or cob in anywise howsoever belonging or appertaining; to have, hold, and enjoy the aforesaid borough or town, and also all that the building aforesaid, called the pier, quay, or cob òof Lyme Regis, with all and singular the liberties, franchises, privileges, and immunities, to the aforesaid mayor and burgesses of the borough aforesaid, and their successors, to the only and proper use and behoof of them the same mayor and burgesses of the borough :aforesaid, and their successors, in fee farm for ever ; yielding of fee farm tci our said late King Charles I. his heirs and successors, of and for the aforesaid borough or town, with its liberties and franchises, as in the said letters patent in that behalf mentioned; and our said late sovereign King Charles I, did further of his abundant special grace, and of his certain knowledge and mere motion, for himself, bis heirs, and successors, pardon, remise, and release to the same mayor and burgesses oi the borough or town aforesaid, and their successors for ever, twenty-seven marks, parcel of thirty-two marks of the farm of the same borough and the liberties thereof, anciently by letters patent or in any other manner [93] due ; and did direct that the aforesaid mayor and burgesses of the borough of Lyme aforesaid, and their successors, .ail and singular the buildings, banks, sea shores, and all other mounds and ditches within the aforesaid borough of Lyme, or to the aforesaid borough in anywise belonging or appertaining or situate between the same borough and the sea, and also the aaid building there called the pier, quay, or the cob, at their own costs and expences fefcenceforth from time to time for ever, should well and sufficiently repair, maintain, and support as often as it should be necessary or expedient: and further, did grant to the aforesaid mayor and burgesses of the borough aforesaid, and their successors, that the mayor of the same borough for the time being for ever thereafter, should be clerk of the market within the borough or town aforesaid, and the liberties and precincts of the same j and that the mayor of the borough aforesaid for the time being should do and execute, and might and should be able to do and execute there for ever all and whatsoever to the office of clerk of the market of our said late King Charles the First's household there pertained to be done and performed, so nevertheless that the 996 HBNLY V. THE MAYOR OF LYME 5 BINC5. 91. cleek of the market of our said late King Charles the First's household for the time being, together with the aforesaid mayor for the time being, might exercise the office above said, and introrait when he would to do any thing which pertained to tha office of clerk of the market therein the borough aforesaid, and the liberties and precincts of the same : and further, our said late King Charles the First for himself and hia heirs and successors, did, by his said letters patent, give and grant to the said mayor and burgesses of the borough and town aforesaid, and their successors, all and singular the fines, amerciaments, and sums of money before the said clerk of the market of the town or borough aforesaid, or the clerk of the market of the said late King Charles the First, or his deputy, by [94] either or any of the inhabitants of the borough or town aforesaid, after the date aud making of said letters patent forfeited or thereafter to be forfeited and assessed in the same borough, to have and enjoy to the same mayor and burgesses of the borough aforesaid, and their successors, to the use of the aforesaid mayor aud burgesses and their successors for ever, of the said late King Charles the First's gift, without account or any other thing for the same to our said late King Charles the First, his heirs or successors, in anywise howsoever to be rendered or paid, and to be levied by their own servants aud ministers without estreats thereof to be sent to the exchequer of our said late King Charles the First; and, moreover, of his more ample special grace, and of his certain knowledge and mere motion, our said late King Charles the First did will and by letters patent did for himself, his heirs and successors, give and grant to the said mayor and burgesses of the borough aforesaid, arid their successors, full power, authority, and licence from time to time for ever to dig atones and rocks in any places whatsoever within the borough aud parish of the town aforesaid, out of the sea and on the sea shore iu the borough and parish aforesaid, adjoining to the said borough or town, for the reparation and amendment of the port and building aforesaid, called the pier, quay, or cob,, and other necessary reparations and common works of the same town and borough, and belonging and appertaining to the building aforesaid : and our said late King Charles the First did also by his said letters patent will and grant to the aforesaid mayor and burgesses of the borough aforesaid, and their successors, that the sam& mayor and burgesses and their successors should have, hold, use, and enjoy, arid might and should be able fully, freely, and entirely to have, hold, use, and enjoy for ever all the liberties, free customs, privileges, authorities, acquittances, and licences afore-[95]-said, according to the tenor and effect of said letters patent, without the let or impediment of said late King Charles the First, his heirs or successors whomsoever,, our said late King Charles the First, willing not that the same mayor and burgesses and inhabitants of the borough or town aforesaid, or either or any of them, by reason of the premises or either or any of them, should be thereof hindered, molested,, aggrieved, or vexed, or in any thing disturbed by him the said late King Charles the First, or by his heirs, or his or their justices, sheriffs, escheators, or other the bailiffs or ministers of the said late King Charles the First, his heirs or successors whomsoever: which said letters patent the mayor and burgesses of the borough afore* said, afterwards, to wit, on the same day, &c. to wit, at, &c. duly accepted, and the same thence hitherto have been and still are one of the governing charters of the said borough, to wit, at, &c. And Plaintiff further said, that said mayor and burgeases from the time of their acceptance of the said letters patent hitherto have had, held, received, and enjoyed all the benefits, profits, and advantages granted to them by such letters patent as aforesaid : That before and at the time of the committing of the grievances by Defendants as thereinafter next mentioned, Plaintiff was lawfully possessed of and in divers, to wit, five messuages, five cottages, five buildings, and divers, to wit, twenty closes of land' with the appurtenances, situate and being in the county aforesaid, to wit, in the borough aforesaid : That before and at the time of committing of the grievances by Defendants as thereinafter next mentioned, divers, to wit, five other messuages, five other cottages, five other buildings, and divers, to wit, twenty closes of other laud, with the appurtenances, situate and being in the county aforesaid, to wit, in the borough [96] aforesaid, were in the possession and occupation of divers persons as tenants thereof respectively to Plaintiff, the reversion thereof then and still...
To continue reading
Request your trial
- Tony Pua Kiam Wee v Government of Malaysia and another appeal
-
R v Bowden
...office; this is true, by whomever and in whatever way the officer is appointed." 13 Willes and Buller JJ concurred. 14 In Henly v The Mayor and Burgesses of Lyme (1828) 5 Bing. 91 a civil action was brought against the Mayor and Burgesses of Lyme Regis for failing, in breach of their public......
- Paymaster, Malaya Command; Poh Yee Choi and Another v Shun Fah & Company
-
Odhavji Estate v. Woodhouse, 2003 SCC 69
...L.R. (3d) 267, 1999 ABQB 440; Northern Territory of Australia v. Mengel (1995), 129 A.L.R. 1; Henly v. Mayor of Lyme (1828), 5 Bing. 91, 130 E.R. 995; Garrett v. Attorney-General, [1997] 2 N.Z.L.R. 332; Three Rivers District Council v. Bank of England (No. 3), [2000] 2 W.L.R. 1220; Granite ......
-
Misfeasance in public office: a very peculiar tort.
...Banking Act 1959 (Cth) s 9(2); Australian Prudential Regulation Authority Act 1998 (Cth) s 8(2); BankingAct 2009 (UK) c 1, s 4. (263) (1828) 5 Bing 91; 130 ER 995. Brennan J treated Henly as an early misfeasance case: Mengel (1995) 185 CLR 307, 355; but Lord Millett treated it as an action ......
-
Of Kings and Officers — The Judicial Development of Public Law
...the right to fees could be assigned: see notes to Stuart v Tucker (1777) 2 Black W 1137, 1140; 96 ER 671, 672. 42 (1828) 5 Bing 92; 130 ER 995, 107–9; 1001–2. 8 Federal Law Review Volume 33 ____________________________________________________________________________________ crown, whether i......
-
Table of Cases
...92 LT 643 8.3, 11.4, 25.2 Heddy v Wheelhouse (1596) Cro Eliz 591, 78 ER 834 16.7 Henly v Mayor and Burgesses of Lyme (1828) 5 Bing N C 91, 130 ER 995 6.1, 13.1 Hertfordshire County Council v New River Co [1904] 2 Ch 513, 74 LJ Ch 49, 91 LT 796 14.3 Hewlins v Shippam (1826) 5 B & C 22, 108 E......
-
The Lands of the Lord
...buildings used by the village, although they could be copyhold. 1 See Henly v The Mayor and Burgesses of Lyme (1828) 5 Bing N C 91 at 110, 130 ER 995, per Best CJ. 86 The Law of the Manor The demesne could include a deer park or chase. Only a few manors had them, but there were thousands ar......