The King v Capper and Others
| Jurisdiction | England & Wales |
| Judgment Date | 23 December 1817 |
| Date | 23 December 1817 |
| Court | Exchequer |
English Reports Citation: 146 E.R. 587
IN THE COURT OF EXCHEQUER AND EXCHEQUER CHAMBER
[217] thk kink; v. capper and otuekh. in this matter ok bowlek, attainted oi ' felony. Demurrer.-23d December 1817.-Construction of royal grants.-Grant of a liberty in a certain manor to A. who grants the manor, with, &c. to the crown. The crown grants the manor again to l . with all, &c. liberties, &c. in, &c. in as full and ample manner as A. had it-such re-grant passes nothingj but what is expressly mentioned in words, as the subject-matter of such grant, notwithstanding the words of reference to the former grant, which do not extend the operation of the later beyond the precise terms of the patent.-A grant of a liberty in a manor of goods and chattels of tenants in such manor, attainted of felony, is confined to the goods, &c. of felons being locally situate within the manor, and does not pass goods, &c. lying out of it. Semble, that if the words were " in, of, or upon," it could not be so extended.-If the words " Ex certa scientia, speciali gratia, et mero motu," reduce a royal grant to the rules of construction to which the grants of private persons are subject, doubted.-Stock, and money in the funds, are not goods and chattels, and do not pass by a grant of bona at catalla felormm-Stock has no locality, except for purposes of probate and administration.-Stock is a chose in action. [See (Jolouial Bank v. Whinney, 1885-86, 30 Ch. 1). 281!; 11 App. Cas. 426. | The several important questions which arose on this demurrer, were founded on certain facts, which are fully detailed in the proceedings on the record-the construction of two royal grants-and the pleadings : the substance and material parts of which are given in a note to the corresponding part of the case. [It has become necessary to set these out more fully than usual, in consequence of the Lord Chief Baron having gone most minutely into the terms and tenor of the grants, and the pleadings (which will, besides, be found to be, very special, and of considerable novelty), in the course of the industrious and elaborate judgment pronounced by his Loi-dship in delivering the opinion of the Court on this case, which seems to have principally proceeded on a diligent attention to the language and object of the letters patent, aided by the averments introduced in the pleadings.] [218] An inquisition had been issuer], on a commission to enquire of what lands, &c. Thomas Bowler (a felon) was seised, &c. at the time when, &c. The defendants, who claimed the goods and chattels of felons convict and attainted within the manor of Harrow, pleaded to the inquisition their title to the beneficial interest in the manor and its appendant franchises,-to which the Attorney General replied. The defendant demurred to the replication. Joinder by the Attorney General, (See the pleadings, p. 237-8-9-40.) By the commission, which was issued 26'th of January, 5;! Geo. III. addressed to certain commissioners therein named,-reciting, that at the General Quarter Sessions of the Peace for the county of Middlesex, held on the 29th of June, 52 Geo. III. it was presented, that Thomas Bowler, late of the parish of Harrow (Middlesex), yeoman, on the 30th May, in the same year, with, &c. &c. did shoot at one William Burroughs, &c. &c. ; that on the 1st July (following), at the gaol delivery of Newgate, holclen, &c. the said Thomas Bowler was charged with and convicted of the said felony in the said indictment specified, and adjudged to be hanged; by reason whereof all his lands, &c. escheated, and all his goods, chattels, debts, credits, specialities, and sums of money, which he] or any person had for his use, at the time of his conviction and attainder, became forfeited to the Grown ;-the said commissioners, or any three or more of them, were therefore empowered to en-[219]-quire of what lordships, manors, lands, tenements, and hereditaments, and of what annual value, and what estates therein, the said Thomas 588 THK K.INIJ V. OAPPMB 5 PRICE, 220, Bowler,- or any other or others was or were seised to his use, on the said .'i()th of May, (the d;i.y on which tlw said felonies were committed,) or ever afterwards, &c., &c. ; and who hath since faiken the mesne profits, &c. and in whose possession, &c. the same then ware ; and of what lord or lords, ami, hi/ wltftt seruicK or servic.es, and by what tmu/re of ttnwres Hie same, wore holder]; and whether the sumo, or any and which of them, had escheated and devolved, and come to his Majesty ; and also what and what sort of leases, or grants of lands, tenements, or hereditaments, and what unit I'.'/iitt sort of annuities or annual rents, and what and what sort of tjoods ami chattels, and of what value, uud what and what sort of dejits, credit*, x^fciadties, and su/na of 'Money, the said Thomas -Bowler, or any other or others for his use, had on the aforesaid 1st of July, in the 5'2d year of his Majesty's reign aforesaid, on which day the said Thomas Bowler was ameicted and attainted as aforesaid, or at any time since ; and of all other articles, matters, and circumstances, concerning the premises aforesaid, or any of them what soever ; and the said lordships, &c., &c. so as aforesaid, to be found to enter upon, and seize into his Majesty's hands. On that commission an inquisition was taken, l.'Jth February following, whereby it was found that Bowler was, on the .'iOth May (the day on [220] which he committed the said felonies), seized to him and his heirs, in fee simple, of cei'tnin freehold messuages and premises in the parish of Harrow, aud of certain other premises, mortgaged in fee, all of which were holclen by him of his Majesty in free and common socage, in right of his royal crown, but not subject to any services or rent in respect thereof except fealty, and had devolved to his Majesty as an escheat, in right of his prerogative royal. And it was also found that he (Bowler) was on the 1st day of July, and at the time when he was convicted, and received judgment, &c. possessed of certain IcaxvhoM properly, and residws of terms of years therein, of con-side ralde value, partly situate in the parish aud -manor of Harrow, anil partly elsewhere. And it was found that he was also possessed of and entitled unto the sum of 45001. capital or joint stuck .'J per cunt. (.'onsoliduted Annuities, transferable at the Bank of England ; and also of and in the sum of 120001. capital or joint stock 4 per cant. Annuities, transferable at the Bank of England ; which said sums of 4500/. 3 per cent. Consolidated Annuities, aud 20001. 4 per cent. Consolidated Annuities, were then standing in the name of the Accountant General of the High Court of Chancery, in the books of the Governor and Company of the Bank of England, on the credit of a matter, entitled " Thomas Bowler, a lunatic ;" and that the said Accountant General [221] had also received the sum of 1571. dividends thereon; and that he was, on the said first day of July last, possessed, as of his own proper goods and chattels, of and in the several goods and chattels mentioned in the schedule thereunto annexed, which they found to be of the value of 1151)1. 18s. then mostly in the possession of Eliz. Iloydon, of Apperton, and that there were certain debts due to him. All which said tenements the jury found to have become escheated; and all which suicl residues of terms of years, annuities, goods, chattels, and sums of money, of which the said Thomas Bowler was so possessed, the jurors found to have become forfeited to his Majesty ; and all which the said commissioners returned, that they luid, in obedience, &c. seized into the hands of his Majesty. On bhe 5th of May (East. Term, 5,'i Geo. HI.), the defendants entered their claim (the legal estate being in them *), and pleaded as follows : - " And now, nevertheless, to wit, on the 5th day of May, in this same term, come here Fr;jncia Capper, and Elizabeth his wife, and Jarnes Pierson, by Hut-ton Wood, their clerk in court; and claim all the aforesaid residu.es of terms of years, aikimitif',*, //nods and. chattels, and sums of money, of the aforesaid Thomas Bowler, late convicted and attainted of felony by the said commissioners, Ac. into the hands of his said Majesty, Uiken and seized as aforesaid, being goods and chat-[222]-fcels, and property of felons convicted and attainted, belonging and appertaining to them the said (claimants) defendants, (and having craved oyer of the premises, which, &c. and day having been given, from time to time, till fifteen days from the day of Easter, 54 Geo. ILL): at that day they appeared, aud complained that they were grieviously vexed and disquieted under colour of the premises ; and that the aforesaid residues of terms of years, &o., &c. of the said'Bowler, late convicted, &c. were taken and seized by the said commissioners " Lord North wick was lord of the manor. 5BRICE.322. THK KING 1'. OAl'PKR 589 into the ha.n ls of hia said Majesty, \ y colour of the aforesaid commission : ami that the less justly, and that the}', the said defendants, were withheld from the possession thereof by the aforesaid commissioners, and that also the loss justly ; and thereupon the said defendants, for plea and title to the aforesaid residues of terms of years, annuities, goods and chattels, and sums of money, in the aforesaid inquisition, and the schedule thereunto annexed contained, said that there was a certain record had and noted before the Barons of this Exchequer, at Westminster, in the memoranda of the same Exchequer (to wit), amongst the records of the term of St. Hilary, in the 17th and 18th years of the reign of his late Majesty King Charles II. upon the roll on the Treasurer's Remembrancer's side, in these words, &c. &c.* (setting it out). * extracts from the record. Middlesex.-The ckiim of Joseph Herne, Esq. Thomas Davis, Esq. and Kdward Palmer, Esq. and Alice his wife, proprietaries of the manor of...
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