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Thomas Papillon v William Buckner John Boucher et Al

Maclean & Robinson's Appeal Cases Cited authorities 1 Cited in Precedent Map Related
Vincent
JurisdictionEngland & Wales
Judgment Date01 January 1655
Date01 January 1655
CourtExchequer

English Reports Citation: 145 E.R. 556

IN THE COURT OF EXCHEQUER

Thomas Papillon
and
William Buckner, John Boucher & Al', Defendants
.

[478] be tekjhno sancive trinatis anno 20 gar. II. beois, in suauuario. (1) thomas pafillon versus william buckner, john boucher & al', la trover and conversion for goods, the question upon a special verdict was ; whether or no after that the commissioners of excise in London, had adjudged brandies imported to be strong waters perfectly made, and to pay as such, according to the act of 1^ Car. 2, c. '23, for excise, the validity of that judgment might afterwards be drawn in question in this court, in this action ; which question depended upon some clauses of the acts of 12 Gar. 2, c. 2^, and 15 Gar. 2, c. 17. See and read the acts themselves. Lechmere pro quer. That it might ; for if such commissioners, who have but a limited jurisdiction, go beyond it, what they do is corani non judice, as LO -Rep., the case of The Munha-lneo, : and then trespass or trover lies against any that act under them. Vide Dr. Bonham's case, 8 Rep., and such power and authority is traversable. And 5 Hep,, tiooke's cane; if an officer of the commissioners of sewers, when they exceed, their authority, or act contrary thereunto, distrains for au amercement laid by them, a replevin lies well. Vide Cro. Jac. 336, Hersely'n cane ; so if commissioners...

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