The Queen against The Aberdare Canal Company
| Jurisdiction | England & Wales |
| Judgment Date | 26 February 1850 |
| Date | 26 February 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 328
QUEEN'S BENCH.
S. C. 19 L. J. Q. B. 251; 14 Jur. 735. Referred to, R. v. Woodhouse, [1906] 2 K. B. 501; [1907] A. C. 420.
[854] the queen against the aberdare canal company. Tuesday, February 26tb, 1850. By statute incorporating a canal company, all persons seised of freehold or copyhold estates of 1001. per annum in the county of Gr., and all persons residing therein and having personal estates of the value of 20001., were appointed commissioners for settling all questions and differences between the company and the land-owners, with power to take evidence on oath, and to assess compensation unless the parties should desire to have it assessed by a jury. The determinations of the commissioners, the verdicts of the juries, and the commissioners' judgments thereon, were to be deposited with the clerk of the peace among the records of the sessions. All the orders and proceedings of the commissioners were to be entered in a book, and, being signed by them, to be deemed originals and received as evidence. Before acting, the commissioners were to take an oath truly and impartially to execute their powers. No commissioner was to act when interested. The canal company were to make bridges over the canal for the convenience of land-owners, as the commissioners should order; but, if land-owners should find any of the bridges so ordered insufficient for the commodious use of the land, they were empowered, with the consent of the canal company, or, in case of their refusal for twenty-one days, then with the consent and approbation of the commissioners, to make convenient bridges at their own costs. By an entry of the commissioners' proceedings, made as above, it appeared that a land-owner had applied to the commissioners at a meeting convened by public notice under the Act, for their sanction to the building of a bridge at his own cost; and that the commissioners, after hearing evidence for the applicant, and counsel for the company in opposition to the claim, give their consent. Held that the consent was a judicial act, and that the entry of it might be brought up by certiorari. The application was on behalf of B., the owner of lands adjoining the canal: in fact, however, the bridge was not wanted for the use of his lands, but to bring coals from a colliery lying beyond them, which coals would be carried by the proposed bridge across the canal to a railway, and by that railway to the town of C. instead of going by the canal. The chairman and several directors and shareholders of the railway company were sworn and acted as commissioners when the application was heard arid granted. Held that, by reason of the interest they had in the result, the proceedings were void. Quaere, whether the accidental intrusion of one interested person, out of so large a body of commissioners, would have vitiated the proceedings. The statute enacted that no meeting of the commissioners should be held unless notice of the time, &c. of such meeting should be given in a county newspaper at least sixteen days before such meeting. By the above mentioned entry, returned to a certiorari, it appeared that the meeting was held on February 12tb, in pursuance "of a summons and notice in the M. G, newspaper " (a county paper) " of the 27th of January." The notice, at well as the newspaper, was dated of that day. Held, that the notice was (d) Reported by H. Davison, Esq., and C. Blackburn, Esq. HQ. B. 885. THE QUEEN V. THE ABEHDARE CANAL COMPANY 329 insufficient, and that, on this ground also, the proceedings were bad and must be quashed. Although it appeared by affidavit that copies of the newspaper dated 27th were in fact published and circulated on the 26th. [S. C. 19 L. J. Q. B. 251 ; 14 Jur. 735. Referred to, B. v. Woodhouse, [1906] 2 K. B. 501 ; [1907] A. C. 420.] Pulling, in Easter term last, obtained a rule nisi to quash (on return to a certiorari) a judgment and determination, consent and approbation, given by [855] the commissioners under stat. 33 G. 3, c. 95 (a), on the application of the Marquis of Bute and his trustees and guardians, for making a certain bridge over the Aberdare Canal. (a) Stat. 33 G. 3, c. 95, is "for making and maintaining a navigable canal from the Glamorganshire Canal, to or near the village of Aberdare, in the county of Glamorgan ; and for making and maintaining a railway or stone road from thence to or near Abernant, in the parish of Cadoxtone juxta Neath, in the said county." The Act incorporates the promoters by the name of the Company of Proprietors of the Aberdare Canal Navigation. Sect. 10 enacts: "That all persons seised of freehold or copyhold estates of 1001. per annum, within the county of Glamorgan, and all persons residing within the said county, and having personal estates of the value of 20001., shall be and are hereby appointed commissioners for the settling, determining, and adjusting all questions, matters, and differences which shall or may arise between the said company of proprietors, and the several proprietors of lands," &c. that shall or may be affected by the execution of the powers granted. The section then proceeds to give the commissioners power to take evidence upon oath, and to determine the amount of compensation to be paid to such parties as should acquiesce in the compensation being assessed by the commissioners, and requires them, in case the parties do not so acquiesce, to summon a jury to assess such compensation. Sect. 13 enacts: "That all the determinations of the said commissioners which shall be submitted to and acquiesced in by the parties concerned, and also the verdicts of the juries, and the judgments of the said commissioners thereon as aforesaid, shall be transmitted to and kept by the clerk of the peace amongst the records of the Quarter Sessions of the Peace for the said county." Sect. 38. "That all the orders and proceedings of the said commissioners shall be regularly entered in a book to be kept for that purpose...
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