The Mayor and Burgesses of Lyme Regis, - Plaintiffs (in Error); Henry Hoste Henley, Esq., - Defendant (in Error)
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1834 |
| Date | 01 January 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 5 E.R. 1097
COMMON PLEAS; KING'S BENCH.
Mews' Dig. iv. 577; xii. 672. S.C. 2 C1. & F. 331; and, in Courts below, 3 B. & Ad. 77; 5 Bing. 91; 3 Moo. & P. 278. Discussed in Gibson v. Preston (Mayor of), 1870, L. R. 5 Q. B. 221; Winch v. Thames Conservators, 1872, L. R. 7 C. P. 470; Hudson v. Tabor, 1877, 2 Q. B. D. 293; and see A.-G. v. Tomline, 1879, 12 Ch. D. 231.
[690] ENGLAND, common pleas ò king's BENCH; the mayor and buegesses of lyme eegis,-Plaintiffs (in Error); henry hoste henley, Esq.,-Defendant (in Error) [1834]. [Mews' Dig. iv. 577; xii. 672. S.C. 2 01. & F. 331; and, in Courts below, 3 B. & Ad: 77; 5 Bing. 91; 3 Moo. & P. 278. Discussed in Gibson v. Preston (Mayor of), 1870, L. E. 5 Q. B. 221; Winch v. Thames Conservators, 1872, L. R. 7 C. P. 470; Hudson v. Tabor, 1877, 2 Q. B. D. 293; and see A.-G. v. Tomline, 1879, 12 Ch. D. 231.] By letters patent, 10 Cha. 1. ; the borough or town and pier quay or cob of Lyme Regis, with all the privileges, etc., to the town and pier quay belong ing, were granted and confirmed to the Mayor and Burgesses of Lyme Regis, and their successors, to hold, etc., in fee farm for ever. The letters patent provided, that the Mayor and Burgesses and their successors should, at their own cost, thenceforth from time to time for ever, well and suffi ciently repair, maintain, and support, as often as it should be necessary or expedient, all and singular the buildings, banks, sea-shores, and all other mounds and ditches within or belonging to the borough, or situate between the borough and the sea, and also the pier quay. The Mayor was by the letters patent appointed clerk of the market within the borough, with the fines, etc. belonging to that office; and to the Mayor and Burgesses was granted a license to dig stones and rocks in any place within, the borough out of the sea, and on the sea-shore, for the reparation of the port, and the building called the pier quay, and other necessary repara- H.L. v. 1097 " 35* VIII BLIGH N. S. LYME REGIS V. HENLEY [1834] tions and common works of the town and borough and the building aforesaid. In an action on the case against the corporation, the declaration set forth the letters patent, and that they were accepted by the corporation, and that the corporation had thenceforward enjoyed the benefits and profits of the letters patent; and that the Plaintiff was possessed of a house and land within the borough, and abutting on the sea-shore; and that there was at the time of the sealing and acceptance of the letters patent, a sea-bank between the borough and the sea, which formed, and of right ought to be, a protection to the house [691] and land of the Plaintiff, and which sea-bank the Defendants, by virtue of the letters patent, and their acceptance, were liable to repair at their own cost as often as might be necessary; and that for want of such repair the house and land of the Plaintiff was inundated and injured : Held, after verdict upon a plea of not guilty, that this declaration disclosed a sufficient cause of action. This was a writ of error upon a judgment in the Court of Common Pleas,* affirmed by the Court of King's Bench.t In Hilary Term 7 and 8 Geo. IV., an action was brought by the Defendant in error against the Plaintiffs in error, in the Court of Common Pleas, for the non-performance of certain repairs directed by their charter, whereby special damage had been sustained. The declaration in the first count stated as follows :-For that whereas heretofore, and before the committing of the grievances by the said Defendants, as hereinafter next mentioned, to wit, on the 20th day of June, in the 10th year of the reign of our late sovereign Charles I., to wit, at the parish of Lyme Regis, in the county of Dorset, our said late Lord Sovereign, by his certain letters patent, duly sealed in that behalf--after reciting as therein is recited-did for himself, his heirs and successors (amongst other things) give, grant, and confirm to the mayor and burgesses of Lyme Regis aforesaid, and their successors, the borough or town of Lyme Regis, and also all that the building called the pier quay or cob of Lyme Regis, with all and singular the liberties, privileges, profits, franchises, and immunities to the same town, or to the said pier quay or cob, in any wise howsoever [692] belonging or appertaining : to have, hold, and enjoy the aforesaid borough or town, and also all that the building aforesaid, called the pier quay or cob of Lyme Regis, with all and singular the liberties, franchises, privileges, and immunities, to the aforesaid mayor and burgesses of the borough aforesaid, and their successors : to the only and proper use and behoof of the said mayor and burgesses of the borough aforesaid, and their successors, in fee farm for ever; yielding of fee farm to our said late Sovereign Lord Charles I., his heirs and successors, of and for the aforesaid borough or town, with its liberties and franchises, as in the said letters patent in that behalf mentioned. And our said late Sovereign Lord Charles I. did further, of his abundant special grace, and of his certain knowledge and mere motion, for himself, his heirs, and successors, pardon, remise, and release to the same mayor and burgesses of the borough or town aforesaid, and their successors for ever, twenty-seven marks, parcel of thirty-two marks of the farm of the same borough and the liberties thereof, anciently by letters patent, or in any other manner due : Our said late Lord King Charles I., willing not that the same mayor and burgesses of the borough of Lyme Regis aforesaid, in the county of Dorset aforesaid, or their successors, or either or any of them, should be charged of the further portion of the aforesaid farm of thirty-two marks, besides the aforesaid five marks, by our said late Lord King Charles I., or by his heirs, justices, sheriffs, escheators, clerks of the market, or bailiffs or ministers of him, the late King Charles I., his heirs or successors whomsoever, or of the arrearages thereof; but that they [693] and their successors, against our said late King Charles I., his heirs and successors, should be thereafter acquitted, and from time to time for ever discharged of the aforesaid yearly twenty-seven marks, parcel of the aforesaid yearly thirty-two marks, any statute, act, ordinance, provision, or any charters or letters patent theretofore made, by any of our said late King Charles I.'s progenitors, to * 5 Bing. 91. f 3 Barn. & Ad. 77. 1098 LYME REGIS V. HENLEY [1834] VHI BLICH N. 9. the same mayor and burgesses, or their predecessors, to the contrary thereof in any wise notwithstanding. And that the aforesaid mayor and burgesses of the borough of Lyme aforesaid, and their successors, all and singular of the buildings, banks, seashores, and all other mounds and ditches within the aforesaid borough of Lyme, or to the aforesaid borough in any wise belonging or appertaining, or situate between the same borough and the sea, and also the said building there called the pier quay or the cob, at their own costs and expenses thenceforth, from time to time for ever, should well and sufficiently repair, maintain, and support, as often as it should be necessary or expedient. And further, of his special grace, and of his cetrain knowledge and mere motion, our said late King Charles I., by the said letters patent, for himself, his heirs and successors, did grant to the aforesaid mayor and burgesses of the borough aforesaid, and their successors, that the mayor of the same borough for the time being for ever thereafter, should be clerk of the market within the borough or town aforesaid, and the liberties and precincts of the same ; and that the mayor of the borough aforesaid for the time being should do and execute, and might and should be able to do and execute there [694] for ever, all and whatsoever that which to the office of clerk of the market of our said late King Charles I.'s household there pertained to be done and performed; so, nevertheless, that the clerk of the market of our said late King Charles I. 's household for the time being, together with the aforesaid mayor for the time being, might exercise the office abovesaid, and intromit, when he would, to do any thing which pertained to the office of clerk of the market there, in the borough aforesaid, and the liberties and precincts of the same. And further, our said late King Charles I., of his abundant special grace, and of his certain knowledge and mere motion, for himself and his heirs and successors, did, by the said letters patent, give and grant to the said mayor and burgesses of the said borough and town aforesaid and their successors, all and singular the fines, amerciaments, and sums of money, before the said clerk of the market of the town or borough aforesaid, or the clerk of the market of the said late King Charles I., or his deputy, by either or any of the inhabitants of the borough or town aforesaid, after the date and making of the said letters patent, forfeited, or thereafter to be forfeited and assessed in the same borough, to have and enjoy to the same mayor and burgesses of the borough aforesaid, and their successors, to the use of the aforesaid mayor and burgesses, and their successors for ever, of the said late King Charles I.'s gift, without account, or any other thing for the same to our said late King Charles I., his heirs, or successors, in any wise howsoever to be rendered or paid, and to be levied by their own servants and ministers, without estreats thereof to be sent to the Exchequer of the said late King Charles I. [695] And, moreover, of his more ample special grace, and of his certain knowledge and mere motion, the said late King Charles I. did will, and by the said letters patent did for himself, his heirs and successors, give and grant to the said mayor and...
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