Middleton and Another against Melton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1829 |
| Date | 01 January 1829 |
| Court | Court of the King's Bench |
English Reports Citation: 109 E.R. 467
IN THE COURT OF KING'S BENCH.
S. C. 5 Man. & Ry. 264; 8 L. J. K. B. O. S. 243.
[317] middleton and another against melton. 1829. An entry made by a deceased collector of taxes in a private book, kept by him for his own convenience, whereby he charged himself with the receipt of sums of money : Held to be evidence against a surety of the fact of the receipt of such money in an action on a bond conditioned for the due payment of the taxes by the collector, although the parties by whom the money had been paid were alive, and might have been 468 MIDDLETON V. MELTON 10B. &C.318. called as witnesses ; and that upon the general principle that the entry was to the prejudice of the party who made it. [S. C. 5 Man. & By. 264; 8 L. J. K. B. O. S. 243.] Declaration stated that the defendant in the lifetime of Thomas Squire deceased, (who was the collector for the second part of the bishop's liberty appointed by the commissioners acting for the second division of East Brixton in the county of Surrey, in execution of certain Acts of Parliament, passed in the forty-third, forty-eighth, fifty-second, and fifty-ninth years of Geo. III. and the first, second, and third years of Geo. IV. relating to the duties under the management of the Commissioners for Taxes,) on the 10th of October 1825, as surety for Squire as collector of taxes, by his certain writing obligatory, became bound to the plaintiffs in the sum of 32261., the same being a sum equal to the amount of the whole duty and sums of money (including compositions under the Act of the 3 Geo. 4,) assessed, and to be collected by Squire as such collector, and that the bond was subject to a condition ; which condition, after reciting that Squire had been appointed collector of the rates and duties granted by the above-mentioned Acts of Parliament, and that one of the duplicates of the assessment and of the abstracts of such of the said rates and duties as had been compounded for under the fifty-ninth Geo. III., had been delivered to Squire with warrants for collecting the same, and that Squire had been required by the plaintiffs to give security in pursuance of the first-mentioned Act (43 Geo. 3), was, that if Squire and the defendant and John Frost, or either of them, should pay, in pursuance of the directions of [318] the said statutes, all such sums of money assessed and to be collected in the said second part of the bishop's liberty, by Squire as such collector; and if Squire should duly enforce the powers of such Acts against such as should make default, then the bond was to be void, otherwise to remain in full force. Breach, that Squire collected large sums of money on account of the rates and duties granted by the said several Acts of Parliament, but that he Squire and John Frost and the defendant in the lifetime of Squire did not pay, nor had John Frost, or the defendant, since the death of Squire, duly paid, the said sums of money collected by Squire, or any part thereof. Plea, that Squire in his lifetime paid the sums collected by him, and upon that issue was joined. At the trial before Alexander C.B., at the Spring Assizes for the county of Surrey 1829, it appeared that the defendant, together with John Frost and Squire, had executed the bond stated in the declaration ; that a duplicate assessment had been delivered to Squire, in which he occasionally made entries of the sums received from the persons assessed : from the entries made in that assessment, it did not appear that he had received any monies that he had not paid over to the commissioners. It appeared also that for his own convenience he kept a private book, containing entries (copied from the duplicate assessment) of the names of the persons, and of the sums for which they were respectively assessed, and that it was his usual habit to collect by that private book, and to mark with ticks all the sums he received from the several persons therein mentioned. This book was inspected by John Howard and W. Sefton on the day after Squire's death. They stated that they found in it entries with ticks against them, denoting the sums received from the [319] persons against whose names those ticks were placed, for which they were not corresponding entries in the duplicate assessment. It was proved that the private book was delivered by Squire's daughter to the defendant, and that the defendant had had notice to produce it. The sums which...
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