Shephard and Another v Payne and Another
| Jurisdiction | England & Wales |
| Judgment Date | 04 February 1864 |
| Date | 04 February 1864 |
| Court | Court of Common Pleas |
English Reports Citation: 143 E.R. 1075
IN THE COURT OF COMMON PLEAS AND IN THE EXCHEQUER CHAMBER
S. C. 33 L. J. C. P. 158; 10 L. T. 193; 10 Jur. (N. S.) 540; 12 W. R. 581. See Mill v. Mayor of Colchester, 1867-68, L. R. 2 C. P. 484; L. R. 3 C. P. 575. Discussed, Bryant v. Foot, 1868, L. R. 3 Q. B. 506. Approved, Lawrence v. Hitch, 1868, L. R. 3 Q. B. 534. Adopted, Veley v. Pertwee, 1870, L. R. 5 Q. B. 579; Attorney-General v. Horner (No. 2), [1913] 2 Ch. 177.
[132] in the exchequer chamber, hitary vacation, 27 victoria. shephard and anothkr v. payne and another. Feb. 4th, 1864. [S. G. 33 L. J. C. P. 158 ; 10 L. T. 193 ; 10 Jur. (N. S.) 540; 12 W. R. 581. See Mill* v. Maym- of Cole/tester, 1867-68, L. R. 2 C. P. 484 ; L. It. 3 0. P. 575. Discussed, Bryant v. Foot, 1868, L. R. :{ Q. B. 506. Approved, Lawrenr.e, v. Hitch, 1868, L. R. 3 Q. B. 534. Adopted, Fele.y v. Pertwee, 1870, L. R. 5 Q. B. 579; Attorney-General v. Horntr (No. 2), [1913] 2 Ch. 177.] Judgment oi the court of Common Fleas, ante, vol. xii. p. 414, affirmed.-The immemorial existence of fees of an office may be presumed from uninterrupted modern usage, unless there be some evidence given to the contrary.-The modern usurpation of an excess does not affect the title to the original fees.-Whether or not there may be an antient foe varying in pecuniary amount from time to time with the changes in the value of money atid other circumstances, and subject only to the restriction that it shall be reasonable,-qitare? This was an action brought to recover certain moneys alleged to have been improperly demanded and received by the plaintiffs for fees as registrars of the archdeaconry court of Colchester, in the diocese of Rochester, for attending the visitation of the archdeacon. i Upon the argument of a special case (in which the court were to draw inferences o^ fact), the [court of Common Pleas held that the fees demanded were legally payable, òaid were reasonable in amount: see the report, 12 C. B. (N. S.) 414. The plaintiffs having brought error upon this judgment, the case was argued in the Exchequer Chamber ou the 30th of November, 1863, before Pollock, C. B., Bramwell, B., Chaimell, 13., Blackburn, J., and Mellor, J., by Melliah, Q. C. (with whom was Wills), for the plaintiffs in error, and by Coleridge, Q. C. (with whom was Hannen), for the defendants in error. The following authorities were referred to on the part of the plaintiffs in error,- 2 Inst. 533; 4...
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Busby v Avgherino
...shake the foundations of every title to property in the Kingdom." 34I will refer to one other well-known authority, the decision in Shephard v. Payne in the Exchequer Chamber (1864), 16 C.B. N.S. 132. It was an action to recover fees alleged to have been improperly demanded by the Defendant......