The Queen against The Mayor Aldermen and Burgesses, of the Borough of Carmarthen
| Jurisdiction | England & Wales |
| Judgment Date | 04 November 1839 |
| Date | 04 November 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 315
IN THE COURT OF QUEEN'S BENCH.
the queen against the mayor, aldermen, and burgesses, of the borough of cabmahthen. Monday, November 4th, 1839. Before stat. 5 & 6 W. 4, c. 76, a person had acted as clerk to the justices of a corporation; he had received no formal appointment from the corporation; but the governing body had ordered that he should have a fixed salary from the corporation funds, besides his perquisites. The office was not named in the charter. He was displaced by the justices appointed under the Act. Held, that he was entitled to compensation under sect. 66; and, the corporation having refused to give any compensation, and the Lords of the Treasury, upon appeal, having ordered one, this Court granted a mandamus requiring the corporation to give a bond for the amount. E. V. Williams obtained a rule, in last Michaelmas term, calling upon the Mayor, Aldermen, and Burgesses of the County of the Borough of Carmarthen [10] to shew cause why a mandamus should not issue, commanding them to execute a bond under the common seal of the borough for the payment to John Williams of an annuity of 661. 13s. 4d., awarded to him by the Lords of the Treasury, as a compensation for the logs of his office of clerk to the magistrates of the borough, from the time he was deprived of his office, to continue for his life. The rule was obtained on affidavit by J. Williams that, before stat. 5 & 6 W. 4, c. 76, the justices of the borough were the mayor, recorder, and six peers, of whom the mayor and peers were elected annually, and the recorder was an officer for life. J. Williams was appointed clerk to the magistrates in 1796; and he deposed that he considered, and bad reasonable grounds to believe, from the leading members of the corporation, and did believe, that the appointment would continue secured to him quam diu Be bene gesserit; the more so from the fact that, although the borough had been administered by a party opposed to that under which he received his appointment, lie had held the office continually under the original appointment till displaced as after-mentioned. His original salary had, aa he stated, been 401.; but, some years after his appointment, he was applied to by some leading members of the corporation to consent that the salary should be reduced for a time to 201., the corporation being under pecuniary embarrassment...
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