Payne v The Mayor, Aldermen and Burgesses of Brecon
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1858 |
| Date | 31 May 1858 |
| Court | Exchequer |
English Reports Citation: 157 E.R. 597
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 27 L. J. Ex. 495, 6 W. R. 801. Followed, Bush v. Martin, 1863, 2 H. & C. 311. Adopted, Attorney-General v. Newcastle Corporation, 1889, 23 Q. B. D. 497. Referred to, Pickering v Ilfracombe Railway, 1868, L R. 3 C. P. 250; Canavan v. Burton, [1900] 2 Ir. R 365
3H*H 572. PAYNE V. THE MAYOR OF BRECON 597 [572] payne v the mayor, aldermen and buruesses of brecon May 31, 1858.-A covenant by a municipal corporation to repay money bonowed by them after the passing of the 5 & 6 AVm 4, c 76, is valid, although the money was not borrowed for any of the purposes to which the borough fund is applicable by the 92ud section of that Act, and although the covenant is contained in a mortgage deed made without the approbation of the Lords of the Treasury, as requited by the 94th section [S. C. 27 L. J. Ex. 495, (5 \V. R. SOL Followed, Bu*h v. Mat tin, 186J, 2 H. & C. 311. Adopted, Attorney-Geneial v. A'ewtaatte Coipoiation, 1889, 2J Q. B. D. 497. Referred to, Pickering v. Ilfracombe Railway, 1868, L R. 3 C. P. 250; CatMvan v. Burton, [1900] 2 Ir. R 365 ] Declaration on a deed, whereby the defendants covenanted to pay the plaintiff 15001. on the 4th of March, 1851. Plea. That the defendants are a body corporate and are the mayor, aldermen and burgesses of the borough of Brecon, being the borough of Brecon mentioned in the Schedule (A.) to a certain Act made and passed, &c. (5 & 6 Wm. 4, c 76). That after the passing and coming into operation of the said Act, and before the making of the supposed deed, councillors under the provisions of the said Act were duly elected for the first time, and the said election was then duly declared; and there upon then the mayor, aldermen, and burgesses of the borough of Brecon, being the governing body of the body corporate named in conjunction with such borough in the said schedule, went out of office and their whole powers and duties ceased, pursuant to the said Act: that afterwards, and after the passing and coming into operation of the said Act, and before the making of the supposed deed, a treasurer ef the said borough was duly elected accoidmg to the provisions of the said Act: that before and at the time of the making of the supposed deed, the defendants were and from thence hitherto have been a corporation within arid subject to the provisions of the said Act, and not otherwise: that the supposed deed was made after the passing and coming into operation of an act of parliament made and passed, &c. (6 & 7 Wm 4, c. 104), intituled " An Act for the better administration of the borough funds in certain boroughs;" [573] and after the passing and coming into operation of an act of parliament made and passed, &c. (7 Wm. 4 & 1 Viet c. 78), intituled "An Act to amend and an Act for the regulation of municipal corporations in England and Wales . " that the supposed deed was not made or given to secure the payment of any lawful debt due from the said corporate body to any person or persons, body corporate or bodies corporate, contracted before the passing of the said first mentioned Act and unredeemed, or any part thereof; or the payment of any interest of such debt or any part thereof, or any part of such interest; nor was the supposed deed made or given in respect of any right, interest, claim or demand of any person or persons, or body corporate or bodies corporate, in or upon the real or personal estate of the mayoi, aldermen and burgesses of the borough of Brecon, by virtue of any proceeding, either at law or in equity, which had been instituted before the passing of the first mentioned Act, or at any other time, or by virtue of any mortgage or otherwise- that the supposed deed was not given for, towards, or on account of the salary of any mayor, or of any recorder or police magistrate whatever, or for, towards, or on...
To continue reading
Request your trial
-
Bradshaw v McMullan
...I am of opinion that judgment should be entered for the defendant. a. e. c. (1) [1901] 2 I. R. 433. (2) 8 East, 231. (3) 8 T. R. 411. (4) 3 H. & N. 572. (5) [1904] 1 K. B. (6) [1906] A. C. 136. (7) [1892] 2 Q. B. 662; [1894] A. C. 383. (8) 42 I. L. T. R. 97. (9) [1911] 2 I. R. 190. (10) 8 L......
-
Canavan v Burton
...legislation is merely to avoid the letting. In that case, the parties entered into the contract knowing (1) 5 B. & Aid. 335, p. 341. (2) 3 H. & N. 572. (3) Ir. R. 5 C. L. 443, p. 470. (4) Cartb. 252. (5) 2 L. R. Ir. p. 211. (6) Ir. R. 6 C. L. 34. (7) [1897] 2 I. R. p. 595. (8) 3 E. & B. 642......
-
Chambers against The Manchester and Milford Railway Company
...Exch. 55, 84), per Parke B.; Bateman \. The Mayor of Ashton-under-Lyne (3 H. & N. 323, 335), per Martin B,; Payne v. The Mayor of Brecon (3 H. & N. 572, 578), per Martin B.] This was not a borrowing on mortgage of the undertaking, and therefore sect. 8 of the special Act, 23 & 24 Yict. c. c......
-
The Queen (at the prosecution of Robert Cochrane) v William F. Littledale
...QUEEN (AT THE PROSECUTION OF ROBERT COCHRANE) and WILLIAM F. LITTLEDALE Crisp v. BunburyENR 8 Bing. 394. Payne v. The Mayor of BreconENR 3 H. & N. 572. Kerrison v. ColeENR 8 East 231. Pearse v. Morrice 2 Ad. & Ell. 84. Holman v. Johnson Cowper, 341. Deposits in savings bank — Money deposite......