The Queen against Frere
| Jurisdiction | England & Wales |
| Judgment Date | 25 January 1855 |
| Date | 25 January 1855 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 219
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
S. C. 3 C. L. R. 455; 24 L. J. M. C. 68; 1 Jur. N. S. 700; 3 W. R. 210.
the queen against frere. Wednesday, January 25th, 1855. A railway company was authorized by statute to impose fares within certain amounts for conveyance on their line, and to make by-laws. By a by-law it was declared that any passenger who should enter a carriage without having paid his fare was subjected to a penalty,-The Company imposed a fare of 5s. for conveyance from C. to N., and of 7s. for conveyance from C. to D. D. was a place between C. and N. Both fares were within the limits prescribed by the Act. A person took, at C., a ticket from C. to N., intending to stop at D., paid for it 5s., got into a carriage at C., and quitted it at D. He refused, when called upon at D. to do so, to pay the difference of the 2s. He was convicted of having entered the carriage without having previously paid his fare, contrary to the by-law.-Held, on appeal, a 220 THE QUEEN V. FRERE 4 EL. & BL. 599. bad conviction, inasmuch as the appellant had paid the fare within the language of the by-law. [S. C. 3 C. L. R. 455; 24 L. J. M. C. 68; 1 Jur. N. S. 700; 3 W. R. 210.] Appeal against a conviction. By consent, and by order of Crompton J., a special case was stated for [599] the opinion of this Court, pursuant to sect. 11 of stat. 12 & 13 Viet. c. 45. The material parts of the case stated were as follows. The main line of The Eastern Union Railway Company commences at their station in the parish of St. Michael Mile End, within the borough of Colchester, in the county of Essex, and runs from thence, passing through Diss in the county of Norfolk, to the city of Norwich, where it ends. There are stations at Colchester, Diss and Norwich, and intermediate places, where the trains stop, and take up and put down passengers. Diss is 43J miles, and Norwich 62^ miles, from Colchester. The fare for passengers by the second class carriages was, on 13th May 1853: from Colchester to Diss 7s.; and from Colchester to Norwich 5s. only; and that such were the second class fares between those places respectively was duly stated in the printed tables of fares and tolls to be taken by the said Company, which were at that time duly published and posted up at the several stations on the line. The above fares of 7s. and 5s. are within the rates authorized by the special Act of Parliament to be taken. Each passenger intending to travel on the railway applies at the station from whence he intends to travel for a ticket, stating the place for which he requires the ticket; and, on paying the fare, i.e. the sum payable for travelling from the place of issue to the place for which he requires the ticket, is furnished with a ticket stating the name of the place where he takes the ticket and the name of the place to which he has so paid his fare, and also the class of carriage to be travelled in. In or about 1848, the Company, under the provisions [600] of The Railway Clauses Consolidation Act, 1845 (8 & 9 Viet. c. 20), duly made and published certain by-laws, of which the following is a copy. " Every passenger shall pay his or her fare, previously to entering any of the carriages of the Company or of any other company using the railway. On payment of the fare, the passenger will be furnished with a ticket specifying the class of carriage and distance for which the fare has been paid ; which...
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