Jones v Waters
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1835 |
| Date | 01 January 1835 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 1267
EXCH. OF PLEAS.
S. C. 5 Tyr. 361; 1 Gale, 5; 4 L. J. Ex. 109.
[713] jones v. waters. Exch. of Pleas. 1835.-A custom that the town crier of a corporate town shall have the exclusive privilege of proclaiming, by the sound of the bell, the sale of all goods brought into the borough to be sold by auction, is a good custom. [S. C. 5 Tyr. 361 ; 1 Gale, 5 ; 4 L. J. Ex. 109.] Case. The first count of the declaration stated, that the borough of Brecon, otherwise Brecknock, is an ancient borough, and the burgesses thereof have been a body politic and corporate, and for divers years have been such body politic and corporate, by the name of the bailiff, aldermen, and burgesses of the borough of Brecon, to wit, in the county of Brecknock. That the bailiff of the said borough for the time being, for divers years before the committing of the grievances by the said defendant hereinafter mentioned, hath been, and of right ought to have been, and still ought to he, and is, the lord of the manor of the said borough and the town of Llywell, to wit, in the county of Brecknock. That also, for all the time aforesaid, the said bailiff of the said borough for the time being, so being lord of the manor of the said borough and town of Llywell, hath been used and accustomed to appoint, and of right ought to have appointed, and still ought to appoint, such person as to him, the said bailiff, hath seemed fitting, to the office of town crier of the said borough and town of Llywell, to wit, in the county aforesaid. I That heretofore, to wit, on the first day of May, in the year of our Lord 1833, at (Brecon, ini the county aforesaid, Lancelot Morgan, Esquire, then and there being (bailiff of the said borough, and lord of the manor of the said borough and town of jLIywell, under his hand and seal, duly nominated and appointed the said plaintiff to the said office of town crier of the said borough and town of Llywell, to have and to hold the said office of town crier to him, the said plaintiff, for and during the term of three years, and for the execution of the said office; and then and there gave and granted unto the said plaintiff', all and every the fees, profits, and perquisites, belonging to the [714] said office of town crier within the said borough and town of Llywell. That by reason of the premises, the said plaintiff' before, and at the time of the committing of the grievances by the said defendant hereinafter mentioned, was possessed of the said office of town crier for the term last aforesaid, to wit, in the county aforesaid, and that office, for a long space of time, to wit, one month next following the said appointment and grant, well and truly had exercised, and the .wages, fees, and profits belonging to the aforesaid office of town crier for that time ; (a) 3 taunt. 226. See also Gaitskill v. Greafhead, 1 D. & K. 359 ; but see Spencer v Smith, 3 Gamp. 9. 1268 .TONES V. WATERS 1 C. M. & R. 715. had and received, to wit, in the county aforesaid ; yet the said defendant, contriving and intending to injure the said plaintiff, and to disturb him in the exercise of the said office of-town crier, and to deprive the said plaintiff'of the wages, fees, and profits belonging to the said office of town crier as aforesaid, to wit, on the f st day of June, in the year of our Lord 1833, and on divers other days and times between that day and the commencement of this suit, at Brecon, in the county aforesaid, of his own wrong, and without any right or lawful authority, exercised the said office of town crier, and received and took divers fees and profits belonging to the said office of town crier within the said borough and town of Llywoll, and then and there thereby hindered and disturbed the said plaintiff in and from exercising the said office of town crier within the said borough and town of Llywell, and prevented him from receiving the said last-mentioned fees and profits belonging to his said office of town crier as aforesaid. There were several other counts, in all of which the plaintiff claimed in right of his office. The defendant pleaded the general issue. At the trial, before Parke, B., at the last summer assizes for the county of Brecon, it appeared that as far back as living memory went, there had been a person filling the office of town crier or bellman within the borough of Brecon, and that his duty or employment had been to attend the corporation upon certain days, and to make proclamation by the [715] sound of the bell, of certain matters; atid, amongst others, of sales of goods, brought to be sold by auction within the limits of the borough. When making proclamation for the corporation, he was paid the sum of ts. ; and for proclamation of turnpike meetings, 2s. ; but no certain sum was proved to be payable for the proclamation of sales by auction. It appeared that no one else proclaimed sales by auction. Evidence was given to shew, that the plaintiff had been in possession of the office. No evidence was offered on behalf of the defendant; for whom, it was...
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Table of Cases
...46 EHRR 45, ECHR Grand Chamber 25.11, 29.2 Jennings (A Solicitor), Re [1903] 1 Ch 906 25.4 Jones v Waters (1835) 1 Crom Mees & Ros 713, 149 ER 1267 17.5 Law v Haddock Ltd [1985] EGLR 247 6.6 Leconfield (Lord) v Dixon (1867) LR 3 Ex 30 12.5 Leeds Group plc v Leeds City Council [2010] EWCA Ci......
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...16 Ibid 2.564: Hackford Hall. 17 Ibid 2.575: Balshall. 18 Ibid 2.481: Builth. 19 Ibid 2.490: Dymock. 20 (1835) 1 Crom Mees & Ros 713, 149 ER 1267. 21 (1808) 10 East 259, 103 ER 773. 304 The Law of the Manor Mr Ireland, claimed that as the manor was not a legal one but a reputed manor the ap......