Pedley v Davis and Shipston
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1861 |
| Date | 08 June 1861 |
| Court | Court of Common Pleas |
English Reports Citation: 142 E.R. 544
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 30 L. J. C. P. 374; 5 L. T. 253; 8 Jur. N. S. 263.
1 [492] pedley v. davis and shepston. June 8th, 18G1. [S. C. 30 L. J. C. P. 374; 5 L. T. 253 ; 8 Jur. N. S. 263.] By a local act (7 & 8 (1. 4, c. cviii.), called the Abbey Lands Act, the owners and occupiers of lands in the district are impowered (by s. 13) to rate the owners and occupiers of abbey lands, for the purpose of raising funds for the repair of certain bridges. By a. 15, it is enacted, that, if any owner or occupier of any land in respect of which a rate has been imposed by virtue of the act, shall refuse to pay the same, a justice, on proof of demand, may summon, and on due proof issue a distress-warrant. By subsequent sections, an appeal is given to any person claiming exemption, on the ground that the lands rated are not abbey lands; and the decision of the quarter sessions on such appeal is final.-The plaintiff having been rated in respect of lands which the jury found not to be abbey lands, and having refused to pay, upon summons D. a magistrate issued a distress-warrant, under which his goods were seized :-Held, that D. was not protected by Jervis's Act, 11 & 12 Viet. c. 44, s. 1, or by a similar clause in the local act.-But, held, that the " collector of the abbey lands rate," to whom the distress-warrant was directed, was an " officer " within the meaning of the 24 CI. '2, c. 44, s. G. This was an action against Davis, a magistrate, and Shipston, a collector of rates under a local act, for seizing the goods of the plaintiff'. The defendant Davis pleaded " not guilty by statute,"-the statutes referred to in the margin of the plea being, the 11 & 12 Viet. c. 44, s. 1, Jervis's Act, and the 7 & 8 G. 4, c. cviii. (the Abbey Lands Act), s. 48. The defendant Shipston also pleaded " not guilty by statute,"-the statute referred to in the margin of his plea being the 24 (J-. 2, c. 44, s. 6, the Constables' Act. He also pleaded a justification, as follows :- That the plaintiff, after the passing of an act of parliament made and passed in the eighth year of the reign of His late Majesty, King George the Fourth, intituled "An act to enable the persons interested in the lands and hereditaments heretofore parcel of the possessions of the monastery or abbey of Stratford Langthorne, in the county,of Essex, to raise money for repairing and maintaining the bridges and other worka liable to be repaired and maintained by such persons," and at the time of the making of the rates and assessments hereinafter mentioned, and of the committing of th^ acts complained of, was the owner, proprietor, and occupier of divers lands, tenements, and hereditaments respectively theretofore parcel of the possessions of the monastery or abbey aforesaid, and as such sub-[493]-ject and liable to be rated and assessed for the purposes of the said act, as therein mentioned: that, at divers general meetings of the owners, proprietors, lessees, and occupiers of lands, tenements, and hereditaments before the passing of the said act parcel of the possessions belonging to the said monastery or abbey, duly held in pursuance of the said act, divers rates and assessments for the purposes of the said act by the said owners, proprietors, lessees, and occupiers, were duly made in respect amongst others of the said lands, tenements, and hereditaments whereof the plaintiff was owner, proprietor, and occupier as aforesaid : that the plaintiff was duly rated in and by divers rates and assessments dujy made foF the purposes of the said act, in divers large sums of money amounting in the whole, to wit, to 351. 4s. 4d., in respect of the lands, tenements, and hereditaments of whi(jh he was such owner, proprietor, and occupier as aforesaid : that tables of the said rates and assessments were duly made and signed as required by the said 10 0. B. (H. .) 49* PEDLEY V. DAVIS 545 act, and all things were done and happened and existed to make the said rates and assessments valid in law, and the plaintiff became and was liable to the payment of the said rates: that, the plaintiff having neglected and refused to pay the same for the space ol fourteen days after the same became due and demand thereof made by notice, as required by the said act, under the hand of the collector, and the same remaining due and unpaid, and the plaintiff having been duly summoned by one of Her Majesty's justices of the peace for the county of Essex to appear before him at a time and place mentioned in such summons, and to shew cause for such neglect and refusal, and proof of the said demand, neglect, and refusal upon oath being made before the said justice, and the plaintiff not having shewn any sufficient cause for such neglect and refusal, [494] or for the non-payment of the said moneys so rated and assessed, and the said moneys still remaining due, in arrear, and unpaid, the said justice issued his warrant under his hand and seal, pursuant to the said aut, directed to the collector of the Stratford Langthorne abbey land rates, and to all constables and other peace-officers of the same county of Essex; and thereby, in Her Majesty's name, willed and required them, or any of them, forthwith to levy the said several sums of money due from the plaintiff, and thereunder or thereafter respectively set at and opposite his name, and also, in pursuance of the statute in that case made and provided, the further sum of 101. 10s. for the costs incurred therein, incident thereto, and in obtaining the warrant, by distress and sale of his goods and chattels (such goods and chattels being kept for the space of throe days before the same were sold), rendering to the plaintiff the surplus, if any, the reasonable charges of such distress and sale and keeping being first deducted : Averment, that all things as required by the said act and by law were done and happened and existed to authorize and impower the said justice to issue the snid warrant, and to make the same a good and valid warrant and enforceable against the goods and chattels of the plaintiff for the said moneys in which he was so rated and assessed as aforesaid, and to be executed as thereinafter mentioned : that the said warrant was afterwards delivered to the defendant Shipston, thon and still being collector of the said rates and assessments so made as aforesaid, and being the said rates in the said warrant described as the Stratford Lajigthorne abbey land rates, to be executed in due form of law: that, in execution, and under and by virtue of and in obedience to the said warrant, and whilst the same was in force, he entered the said dwelling-house of the plaintiff, the outer door [495] thereof being open, and took and seized the said goods of the plaintiff then in the said house, and executed the said warrant, and levied the said moneys so thereby directed to be levied as aforesaid, as he lawfully might, which were the acts in the declaration complained of. Issue. The sections of the Abbey Lands Act, 7 & 8 G-. 4, c. cviii., upon which the case principally turned, were, the 13th, 15th, IGth, 36th, 42nd, and 48th. The 13th section enacts "that it shall and may be lawful for the owners, proprietors, lessees, and occupiers of the lands, tenements, and hereditaments aforesaid, from time to', time, at any general or special general meeting to be held under this act, to make jany rate or assessment for the purposes of this act, in respect of sijch la^ds, tenements, or hereditaments, by a pound-rate upon all such owners, proprietors, lessees, or occupiers, according to the rents or values of the respective lands, tenements, or: hereditaments, and according to the several interests of the owners, proprietors, lessees, and occupiers thereof respectively, and to apportion such rates according to such several interests, and to moderate or regulate such rates with respect to any houses, new buildings, or improvements, in such manner as shall be agreed on by the major part of the persons present at any such quarterly or special general meeting; and a table of such rates and assessments, being from time to time made and signed by the persons, or the major part of them, present at any such meeting, shall be good and binding upon all such owners, proprietors, lessees, and occupiers respectively, and upon all other persons concerned." The 15th section enacts, "that, if any owner, proprietor, lessee, or occupier of any messuage, land, tenements, or hereditaments upon or in respect of which any rate or assessment^ or any arrears of rates or [496] assessments heretofore made, or which shall be chari ;ed or imposed by virtue of this act, shall neglect or...
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...29 Law Jour., N. S., Mag. Cas. 176. Luton Local Board of Health v. Davis 29 Law Jour., N. S., Mag. Cas. 173. Pedley v. DavisENR 10 C. B., N. S. 492. Fawcett v. Fowlis 7 B. & Cr. 394. Ex parte May 2 B. & Sm. 426. The Queen v. Justices of Kingston and Philips 1 Ell., Bl. & Ell. 256. Brittain ......