Leader v Yell
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1864 |
| Date | 31 May 1864 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 1256
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 33 L. J. M. C. 231. 10 L. T. 532; 10 Jur. N. S. 731; 12 W. R. 915.
robert leader, Appellant; david yell, Respondent. May 31st, 1864. [S. C. 33 L. J. M. C. 231; 10 L. T. 532; 10 Jur. N. S. 731 ; 12 W. R. 915.] The 6th section of the 3 & 4 Viet. c. f!L, imposes penalties upon a person who for the purpose of obtaining an Excise licence to retail beer, produces or makes use of a certificate of "good character" (as required by the '2nd section of the 4 & fi W. 4, c. 85,) knowing the same to be false :-Held, that the mere fact of the party living in a state of concubinage was not such an absence of " good character" as to justify a conviction for using the certificate knowing it to be false,-dubitante Williams, J. This was an information preferred by David Yell, of Newton, in the Isle of Ely, and county of Cambridge, labourer, against Robert Leader, of the same place, blacksmith, for that the said Robert Leader, on Friday, the 9th of October, 1803, at the parish of Long Sut-[585]-toii, in the parts of Holland, and county of Lincoln, for the purpose of obtaining for himself a licence to retail beer or cider, unlawfully, did make use of, to one Samuel Cooke, of Holbeach, in the said parts of Holland, an officer of the inland revenue, a certain certificate required under the provisions of the statute in that behaU made and provided, to wit, a certificate in the words and figures following, that ia to say,- "We, the undersigned, being inhabitants of the parish of Newton, in the county of Cambridge, and respectively rated to the poor at not less than (il. per annum, and none of us being maltsters, common brewers, or persons licensed to sell spirituous liquors, or being licensed to sell beer or cider by retail, do hereby certify that Robert Leader, dwelling in Newton, in the said parish, is a person of good character. Dated, &c." [Here followed the names and residences of six persons.] " I do hereby certify that the above-named applicant is the real resident holder W C. B.f. S.)686. LEADER V. YELL 1257 and occupier of the said house, and that the true rent or annual value at which such house with the premises occupied therewith is rated in one rating to the poor-rates, according to the last sum of rate made and allowed in such parish to the relief of the poor, is the sum of 131. : And I further certify that all the above-mentioned persons whose names are subscribed to this certificate are inhabitants of the parish of Newton, rated to 61. to the relief of the poor of the said parish. Dated, &c. "samuel shipley, "Overseer of the said parish." The said Robert Leader then and there well knowing one or more of the matters certified therein, to wit, that the said Robert Leader was a person of good character, and that the said Robert Leader, as the applicant named in the application attached to the [586] said certificate, was the real resident holder and occupier of the said house, and the true rent or annual value at which such house with the premises occupied therewith is rated in one rating to the poor-rates according to the last sum or rate made and allowed in such parish for the relief of the poor, is the sum of 131., to be false; contrary to the form of the statute in such case made and provided." After heaiing the parties and the evidence adduced by them, the justices did thereupon dismiss that part of the charge against the said Robert Leader relating to his unlawful use of the certificate of the rating or assessment of his house and premises, but did convict him under the Oth section of the 3 & 4 Viet. c. (51, of the charge of having unlawfully made use of the said certificate so far as he was thereby certified to be a person of "good character," he the said Robert Leader then and there well knowing such statement to be false. The said Robert Leader, being dissatisfied with the said determination as beitig erroneous in point of law, demanded a case, which was stated as follows :- It waa proved on the part of the informant, that the defendant did make use of the above-mentioned certificate by presenting the same in person, on or about the 9th of October last, to Samuel Cooke, the officer of excise then sitting or acting officially at Long Sutton; that the defendant had been previously to the said 9th of October cautioned by Samuel Shipley, the overseer of the said parish of Newton, that he (Shipley) had received a letter from Mr. John Barwise, the supervisor of excise for the same district stating that he (Mr. Barwise) had received an intimation that the certificate was untrue or incorrect, and was objected to; that, notwithstanding such caution, he (the defendant) did apply for and ol tain a licence for...
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