The Queen against The Commissioners of HM Woods, Forests, Land Revenues, Works and buildings for the time being. ex parte Budge
| Jurisdiction | England & Wales |
| Judgment Date | 24 June 1850 |
| Date | 24 June 1850 |
| Court | Court of the Queen's Bench |
English Reports Citation: 117 E.R. 646
QUEEN'S BENCH.
S. C. 19 L. J. Q. B. 497. See In re Nathan, 1884, 12 Q. B. D. 464. Followed, R. v. Income Tax Commissioners, 1888, 21 Q. B. D. 322.
the queen against the commissioners of her majesty's woods, forests, land revenues, works and buildings for the time being. (Ex parte budge.) Monday, June 24th, 1850. The Commissioners of Woods and Forests gave notices, under stat. 9 & 10 Viet. c. 38, s. 15, that they intended to take lands, specified in the schedule to that Act, for the purpose of forming Battersea Park. One of the landowners obtained a mandamus to the commissioners to cause a jury to be summoned, under sect. 23, to assess compensation for his land. On return, stating the proceedings at length (and shewing that the defendants, in pursuance of the Act and on behalf of the Crown, gave the notices in order to ascertain whether the lands could be purchased for the sum limited by sect. 1, which, by the claims sent in, it appeared they could not): and demurrer to such return : Held, that the commissioners under the statute were acting in a public capacity, aud that the notice given by them did not constitute a quasi contract enforceable by mandamus. Judgment for defendants. [S. C. 19 L. J. Q. B. 497. See In re Nathan, 1884, 12 Q. B. D. 464. Followed, B. v.''income Tax Commissioners, 1888, 21 Q. B. D. 322.] Mandamus to the Commissioners of Her Majesty's Woods, Forests, Land Revenues, &c., for the time being. The writ set forth the effect of stat, 9 & 10 Viet. c. 38 (a)2, ss. 1, 15, 16, 19, 22, and 23, and suggested also that Nathan Budge was seised iti fee of certain houses and (a)1 Patteson, Coleridge, Wightman, and Erie Js. (fr) Reported by C. Blackburn, Esq. (a)s "To empower the Commissioners of Her Majesty's Woods to form a Royal park in Battersea Fields, in the county of Surrey " (printed with the Public General Statutes). 15 Q. B.762. THE QUEEN V. COMMISSIONERS OF WOODS AND FORESTS 647 lands mentioned in the schedule to the statute, aud which were required by the commissioners for the time being for the purposes of that Act. Aud that the commissioners, with the consent and approbation of the Lords of the Treasury, in pursuance of the said Act, gave notice to N. Budge that it was their intention to take for the purposes of the [762] said Act the said houses and lands, and thereby required him, on or before the expiration of one calendar month, &c., to leave at their office a statement of the particulars of his interest in the lands, and also the amount of the sum he was willing to receive aa compensation therefore. That Budga duly sent in such statement, claiming 20701.: that the commissioners and Budge did not agree as to the amount of compensation : and that the commissioners were required by him to issue a warrant to the sheriff to summon a jury to assess the compensation; which had not been done. The mandatory part of the writ was that they should issue such a warrant, or shew cause, &c. Return. That the Act of Parliament in the said writ mentioned was passed for the purpose of carrying into effect a certain recommendation therein referred to, namely, that a Boyal park should be formed on the site of certain lands called at the time of passing the said Act " Battersea Fields," in the parish of St. Mary, Battersea, in Surrey or certain parts thereof, consisting, in the whole, of 300 acres or thereabouts, together with an embankment on the bank of the river Thames. That the site for and the boundaries of the park described in the maps and plans referred to in the said Act comprise 300 acres or thereabouts, and the several lands and tenements, &c mentioned in the schedule to the said Act. That, shortly after tha passing of the said Act, the commissioners for the time being resolved that the aaid park should comprise and be co-extensive with the site and boundaries described in the said maps and plans. That, in order to complete the Royal park described in the maps and plans, it always was and will be necessary to take and use the [763] several lands, &c. mentioned in the schedule; and that, after the passing of the Act and before the issuing of the said writ, the said commissioners for the time being did, under and in pursuance of the Act, for and on behalf of the Queen (and not otherwise), and in order to ascertain for their guidance (and not otherwise) the gross amount of purchase money and compensation which would be claimed by the several persona mentioned in the schedule as owners and lessees for and in respect of taking, &c. their respective lands, &c. mentioned in the said schedule, cause notice in writing to be given to and served upon such last mentioned persons (including the said N. Budge as in the ssid writ mentioned) in the manner directed by the said Act, of their intention to take aud use, on behalf of the Queen, the last mentioned lands : and that thereupon, within one month, &c., divers of the persons to whom such notices were so given delivered to the commissioners a statement in writing of the particulars of the estate, &c., and of the amount of the sums of money which they respectively expected and were willing to receive in satisfaction and discharge for the value of such estate, &c. And that the sums claimed in and by such last mentioned...
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...as can be seen since as long ago as 1850 when in Reg. v. Commissioners of Woods, Forests, Land, Works and Buildings, Ex parte Budge (1850) 15 Q.B. 761, Sir Frederick Thesiger expressed the proposition in argument in this form, at p. 768: 'Whenever a person, whether filling an office under ......
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