Lee v Vessey, Mastin and Others
| Jurisdiction | England & Wales |
| Judgment Date | 05 May 1856 |
| Date | 05 May 1856 |
| Court | Exchequer |
English Reports Citation: 156 E.R. 1130
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 25 L. J Ex. 271, 4 W. R. 554
lek /'. ves&ey, mastin and others. May 5, 1856-A joint warrant to two persons to distrain for drainage lates, under an Act for draining certain fens and improving the navigation of a river, may he well executed by one of them. [S. C. 25 L. J Ex. 271 , 4 W. E. 554 ] This was an action of trespass brought by the plaintiff against the defendants, being h'\e of the commissioners under the Witham Drainage Acts and their bailiff, for illegal distraining for certain drainage rates At the trial, before Lord Campbell, C J , at Lincoln Spring Assizes, it appealed that the plaintiff was tenant of a fatm in "Wild me re Fen The statute authorizing the distress, ("2 Geo. 3, for draining the fens .ind restoring the navigation of the river Witham), provided, that if any person should neglect, for twenty one cl.iys aftei demand, to pay the drainage Kites, the commissioners might authorize the collector to levy The wanant to distrain was a joint, not a joint and several warrant. It \vab directed to Lewis the collector, and Mastin the bailiff Mastin, who was nob a collector, made the distress alone, the collector not being pie&ent The learned Judge told the jury that Mastin had a light to distrain, and the jury, under such direction, found a verdict for the defendants [91] Field, on a former day in this term, had obtained a mle calling on the defendants to shew cause why the verdict should not be set aside, and a new trial had, on the ground that the Judge held the distress valid, though the warrant to distrain was a warrant to two jointly, and was executed by one only (a)'* He cited Boyd v. Dwtand (2 Taunt. 161). Hayes (with whom was Flood), now shewed cause Any defect in the form of the authority to the bailiff is cured by the statute regulating the distress. The '2 Geo. .5, the "Witham Drainage Act, 1762," provides "that a distress shall not be deemed unlawful, nor the parties making the same be deemed trespassers, on account of any defect or want of form in the wanant of distress or other proceedings relating thereto " This is like the case of a tenant objecting to the form of a warrant to a broker to distrain. The money was due , the land was charged with it, and there was a right to distrain [Bramwell, B. If Mr Field is light, how are the five commissioners liable ''] The warrant, though addressed to two...
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