The Queen against The Deputies of the Freemen of Leicester
| Jurisdiction | England & Wales |
| Judgment Date | 08 June 1850 |
| Date | 08 June 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 613
QUEEN'S BENCH.
S. C. 19 L. J. Q. B. 413; 14 Jur. 914. Followed, R. v. Mayor of Monmouth, 1870, L. R. 5 Q. B. 256. Dictum applied, Ex parte Portingell, [1892] 1 Q. B. 17.
the queen against the deputies of the freemen of leicester. Saturday, June 8th, 1850. By a private Act, deputies are to be elected by the freemen of L,; and, if the election of any deputy is disputed, the deputies are to decide at their next meeting on the validity of the election; before which meeting, the party questioning the right of the sitting deputy is to give or deliver four days' notice in writing unto such deputy. A. and B. were elected deputies; and their elections were disputed. At the next meeting of the deputies, evidence was given that notice was left in due time with A.'s wife. The deputies decided that personal service was requisite, and refused to enquire further into A.'s election. Evidence was given of personal service on B. in due time. The deputies decided that there had not in fact been service on B.: and refused to enquire further into B.'s election. On motion, in each case, for a mandamus to the deputies to hear and decide on the merits of the election : Held that, the deputies having, in A.'s case, erroneously decided that personal service was a preliminary to exercising their jurisdiction, what they had done was a refusal to exercise the jurisdiction ; and the rule was made absolute. But Held, that in B.'s case the deputies had exercised their jurisdiction by deciding on the fact whether notice was given or not; and the rule was discharged. S. C. 19 L. J. Q. B. 413; 14 Jur. 914. Followed, R. v. Mayor of Monmouth, 1870, L. R. 5 Q. B. 256. Dictum applied, Exparte Partingell, [1892] 1 Q. B, 17.] Macaulay had obtained a rule calling on the deputies of the freemen of Leicester to shew cause why a mandamus should not issue, commanding them to inquire into the validity or invalidity of the election of a person named Bates as a deputy of the freemen of Leicester; and a similar rule as to the election of a person named Lewin ; upon affidavits which disclosed the following facts. The deputies of the freemen of Leicester are annually elected, under the provisions of private Acts of Parliament, by the different parishes of Leicester, for the pur-[672]-pose of managing estates belonging to the freemen and freemen's widows. By stat. 8 & 9 Viet. c. 6 (private), s. 4...
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