The Queen against The Council of The Borough of Manchester
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1846 |
| Date | 01 January 1846 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 1348
QUEEN'S BENCH
[468] the queen against the council of the borough of manchester. 1846. Stat. 5 & 6 Viet. c. Ill, confirming the charters of incorporation of certain boroughs, including Manchester, enacts (sect. 2) "That every officer of any such borough, or of any county or any division of a county in which any such borough is situated, who was in any office of profit at the time of the granting of any such charter," " whose office shall have been abolished, or who shall have been removed from his office, or who shall have been deprived of any part of the fees and emoluments of his office, in consequence of any such grant, shall be entitled to have an adequate compensation, to be assessed by the council and paid out of the Borough Fund, for the salary, fees, and emoluments of the office which he shall so cease to hold, or for such part thereof as he shall have been so deprived of, regard being bad to the manner of his appointment to the said office and his term or interest therein, and all other circumstances of the case;" and incorporates the provisions of stat. 5 & 6 W. 4, c. 76, relating to the claim of any corporate officer for compensation. A mandamus to the Council of Manchester recited grants of a charter of incorporation, separate commission of the peace, and separate Cciurt of Quarter Sessions to that borough. That M. was an officer of the Manchester division of the county of Lancaster, in which division Manchester was situated ; " that ia to say, holding the several offices of clerk to the magistrates for the county of Lancaster, acting for the said division of Manchester, otherwise called clerk to the justices of the Petty Sessions held for the said division, and clerk to the justices for the time being, appointed under stat. 53 Gr. 3, c. 72, " whose respective sittings were holden," &c. in Salford : that these offices were offices of profit, and M. had enjoyed emoluments therefrom; and that he had been deprived of part of the emoluments in consequence of the grants, and had claimed and been refused compensation. The writ then commanded the council to assess compensation. Return : that M. was not an officer of a division of the county, and had not been deprived of emoluments, as alleged. Issues thereon. On the trial, it appeared that a stipendiary magistrate had been appointed for Manchester under stat. 53 G. 3, c. 72; that, both before and after that appointment, the greater part of the business of Petty Sessions had been transacted at Salford, first, by some 9Q. B. 459, THE QUEEN V. THE COUNCIL OF MANCHESTER 1349 justices of the division, atid, after the appointment of the stipendiary magistrate, by him together with some such justices; but some other business of Petty Sessions within the division was also transacted at two other places therein. M. had always acted as clerk to the magistrates atid stipendiary magistrate at Sal ford, but not at the two other places ; other persons having there acted as clerks. Loss of emolument in consequence of the grants was proved. Held, that the traverses in the return were sustained. And, the Judge having left to the jury whether M. was a clerk to the justices of the division and to the stipendiary magistrate) and the jury having found in the affirmative, and a verdict having been entered for the Crown, a new trial was directed. Quaere, whether the office of clerk to the justices at Petty Sessions be within either stat. 5 & 6 Viet, c, 111, s. 2, or stat. 5 & 6 W. 4, c. 76, s. 66. Mandamus (a)1 to the council of the borough of Manchester. The writ recited that, on or about 23 October, 2 Viet, (pursuant to the provisions of stat. [459] 5 & 6 W. 4, c. 76, and of the several Acts amending that statute), the Queen bad granted a charter of incorporation to the borough of Manchester in the county of Lancaster, extending all the powers and provisions of the first mentioned Act to the inhabitants of the borough in the district set forth in such charter. That afterwards, and before the passing of stat. 5 & 6 Viet. c. Ill (a)2, to wit in or about February, 2 Viet., the Queen had granted, under the provisions of the first mentioned Act (ss. 98, 103), a separate commission of the peace, and afterwards, to wit in or about April, 2nd Viet,, a separate Court [460] of Quarter Sessions, to be holden in and for the said borough. That, before and at the several times of the granting of such charter of incorporation and of such separate commission...
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