Maxwell v Mayer
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1762 |
| Date | 01 January 1762 |
| Court | Court of the King's Bench |
English Reports Citation: 97 E.R. 688
IN THE COURT OF KING'S BENCH
S. C. Sayer's L. of C. 128. 1 Black. 271, 364.
maxwell versus mayer, esq. 1760. [S. C. Sayer's L. of C. 128. 1 Black. 271, 364.] Security for answering costs shall not be required of a Scotch plaintiff resident in Scotland, nor even of a foreigner. Mr. Norton, on behalf of the defendant, moved to stay the plaintiffs proceeding, until security should be given for answering the costs of this suit, in case it should go against him.*2 It was an action against the defendant as a justice of peace, for illegally convicting the plaintiff upon the Acts of Parliament relating to hawkers and pedlars; which Acts give costs to magistrates, upon actions brought against them for acting in pursuance thereto, to be paid by persons who fail in such actions. He moved this, upon an affidavit "that the plaintiff was a Scotchman resident in Scotland :" whom the process of this Court could not therefore reach, in case he should fail in his action. But the Court answered, that it was, at the utmost, no more than the case of a foreigner who brings an action here; in which case, the Court will never oblige him to give security for the costs. And Mr. Norton acknowledged that he did not expect to prevail in his motion ; and had told his client so. Per Cur. Take nothing by your motion.
English Reports Citation: 97 E.R. 849
IN THE COURT OF KING'S BENCH
S. C. 1 Black. 364.
[1314] maxwell versus mayer. 1762. [S. C. 1 Black. 364.] Wholesale traders need not take out a licence from the hawker's office. This was an action of trespass, for taking the plaintiffs goods: to which, " not guilty " was pleaded. On the trial at Nisi Prius, a case was reserved for the opinion of the Court. The ease stated was this- That the plaintiff was a native of Scotland. That he was a hawker and pedlar, carrying linen goods of the manufacture of Scotland, from town to town in England ; and exposing them to sale, in a room in each town, by wholesale only. And that he traded in St. Sampson's parish in York, without any licence. 850 MAXWELL V. MAYER 3 BURB. 131S. That upon an information duly made against him for this before the defendant, who was a justice of peace for the City of York, the plaintiff was required by the defendant, the justice of peace, to produce a licence for so doing: but he insisted, that it was not necessary for him to have a licence ; as he was a native of Scotland, a wholesale...
To continue reading
Request your trial
-
Pray and Others against Edie
...contended that such a rule had never been granted but under very particular circumstances to induce the Court to grant it; and he cited 2 Burr. 1026. 4 Burr. 2105, & Cowp. 158. Buller, J. There have been several late cases to the contrary ; and for this reason, that if a verdict be given ag......
-
Pray and Others against Edie
...contended that such a rule had never been granted but under very particular circumstances to induce the Court to grant it; and he cited 2 Burr. 1026. 4 Burr. 2105, & Cowp. 158. Buller, J. There have been several late cases to the contrary ; and for this reason, that if a verdict be given ag......
-
Maxwell v Mayre
...Qu. Whether a Scots pedlar can vend Scots manufactures by wholesale in England without licence? S. C. 2 Burr. 1026, not S. P.; S. C. 3 Burr. 1314. Trespass by a Scots pedlar (b). The question was, whether, under the Articles of Union, he was exempted from the Hawker's Act, 5 Anne, c. 19; so......