The Master, Wardens, Assistants and Fellowship of the Company of Tobacco Pipe Makers of the Cities of London and Westminster and the Kingdom of England and Dominion of Wales against Robert Loder
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1851 |
| Date | 01 January 1851 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 1074
QUEEN'S BENCH.
S. C. 20 L. J. Q. B. 414; 15 Jur. 1194. Distinguished, In re Manchester and Milford Railway [1897] 1 Ch. 782.
the masteb, wardens, assistants and fellowship of the company of tobacco pipe makers of the cities of london and westminster and the kingdom of england and dominion of wales against robert lodeb. 1851. Debt, by a chartered company suing in the corporate name, for a penalty under a by-law, made under the charter. The declaration, after stating provisions of the charter empowering the master, wardens and assistants of the company, or the greater number of them, to make by-lawa for the government of the company and every member thereof, and of other persons exercising the art or mystery of, &c., within England, and for enforcing such by-laws by penalties, averred that, by the master and the major part of the wardens and assistants, after the acceptance of the charter, at the company's then place of meeting assembled, it was, according to the powers of the charter, for the government; as well of the said society as of all such other persons, ordained, inter alia, that every brother of the company should pay to the master and wardens for the time :being to the use of the company 8s. yearly, and every journeyman 4s. yearly to the company for the use thereof, upon pain that every person neglecting to pay at the quarterly Courts, or to the renter warden within ten days, should forfeit and pay twice so much to the master and wardens for the time being or some of them ; and that all fines should be levied by the beadle and renter warden, or other person to be appointed by the master, &c. of the company; and that persons liable and making default in payment should be sued for the same at the luit and in the name of the master, &c. (giving the full corporate name of the company). Averments, that the company had never any source of revenue other than the moneys receivable under the by-laws, and that the defendant was a brother and liable to pay the 8s. a year : breach, non-payment, whereby forfeiture to the double amount had accrued. Flea: Statute of Limitations, 21 Ja. 1, c. 16. Held, on the demurrer to the plea: that the declaration was not objectionable on the ground of the action being brought in the name of the company, nor for omitting to shew that the meeting which made the by-laws was duly summoned, and that the major part of each integral portion of the company concurred in (a) Reported by R. Hall, Esq., and C. Blackburn, Esq. 18 Q. B.768. THE TOBACCO PIPE MAKERS' COMPANY V. LODBR 1075 the making. And that the cause of action was within stat. 21 Ja. 1, c. 16, s. 3, and the plea good. [S. C. 20 L. J. Q. B. 414 ; 15 Jur. 1194. Distinguished, In re Manchester and Mil/ml Railway, [1897] 1 Ch. 782.] Debt. The count stated that, by a charter of 15 Car, 2, King Charles the Second, after incorporating the tobacco pipe makers by the above name, granted that there should be one master, four wardens, [766] and fifteen or more assistants of the said society, to be elected in manner thereinafter expressed ; and the King then, by the charter, nominated the first master, and first four wardens, to hold office till Lady Day 1664, and the first fifteen assistants, and ordained that the said fifteen persons so named should be and continue assistants of the said society for and during their natural lives, if not thence removed for some reasonable cause, and should be aiding, counselling and assisting unto the said master and wardens for the time being, for the better government of the said master, wardens and society and every member thereof, and for the establishment of good, reasonable and wholesome ordinances, &c., concordant and agreeable to and with the laws of England, for the well ordering and governing af the whole body of the said society and every member thereof. The count then stated that the charter provided for the election of the master, and that the said " master, wardens and assistants, or the greater part of them," should yearly, at their hall or place of meeting, elect, out of the said assistants, four that shall be new wardens of the said society, to continue wardens of the said society until the end and term of one whole year then next ensuing, and from thence until some other meet person should be elected and chosen into the said office of wardens, unless removed thence for just cause; and that, in case of the death or amotion of any master or warden, tha vacancy should be filled up from the assistants. And, in case of the death or removal of an assistant, the master, wardens, assistants, or the greater number of them, should choose a successor out of the society, And, further, the King granted to the said master, wardens, assistants and society, and their successors, that, it should be lawful " to and for the said [767] master, wardens and assistants for the time being, or the greater part of them," from time to time to set or impose a reasonable fine, not exceeding 101., upon any person thereafter elected master, warden or assistant, and refusing to serve, and to levy such fine by distress, &c., " and the same to receive and keep to the use of the said master, wardens, assistants and society, and their successors." And the King further granted to the said master, wardens and society, and their successors, that it should be lawful " to and for the said master, wardens and assistants, arid their successors, or the greater number of them," when and so often as it should seem needful and expedient, to assemble, themselves together, at or in their hall or place of meeting, and there, "from time to time, and at all times convenient thereafter, to treat and consult of, determine, constitute, ordain and make any constitutions, statutes, laws, ordinances, articles, and orders whatsoever, which to them, or the greater number of them, should seem reasonable, profitable or requisite for, touching or concerning the good estate, rule and government of the said master, wardens, assistants and society, and every member thereof, and in what order or manner the said Master, Wardens, Assistants, and Society of Tobacco Pipe...
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