Thorpe v Cole and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1836 |
| Date | 01 January 1836 |
| Court | Exchequer |
English Reports Citation: 150 E.R. 545
IN THE EXCHEQUER CHAMBER. IN ERROR FROM THE COURT OF EXCHEQUER.
S. C. 5 L. J. Ex. 281. See 2 Cr. M. & R. 367; 150 E. R. 158 (with note).
[531] in the exchequer chamber. (In Error from the Court of Exchequer.) thorpe v. cole and others. Exch. Chamber. 1836.-By an agreement of reference, it was recited that the plaintiff had given notice of appeal against a rate made upon him, and that the defendants, the churchwardens and overseers, intended to defend the same ; but that, in consequence of the parties thereto agreeing to leave the examination of the rate and all matters in dispute between them, as stated in the said notice, to arbitration, no appeal was entered against the rate; and that the parties, in order to prevent further expense, and to settle and ascertain the subject of the said poor's rate, and the equality or inequality thereof, so far us the charges therein made on the plaintiff, as compared with the rate made on the other persons mentioned in the notice of appeal, had agreed to leave the matters mentioned therein to arbitration. The agreement then witnessed that the defendants (as far as they lawfully could as such churchwardens, &c.) arid the plaintiff mutually agreed to abide by the award of W. A., R. D., and P. B., or any two of them, who were to award and determine of and concerning the aaid matters in difference, and of and concerning all the costs, &., of the said agreement and of the said notices of appeal, and of the said churchwardens, &c., in consequence of such notice of appeal, and of their preparation to resist such appeal, and to support the rate, and all matters relating thereto. The arbitrators awarded that the defendants should pay unto T. E. F., attorney for the plaintiff', 161. 12s., his bill already delivered, and the amount of the costs of the said T. E. F. attending the arbitration, &c.; and they further directed that the defendants should deduct from the amount charged in all future rates the sum of 10s., find return to the plaintiff the sum of 10s. for every rate granted and paid by him since the then scheme had come into operation:-Held, on error, that the submission and award were bad, inasmuch as the arbitrators had no authority to determine as to the validity of the rate, it not being by law a subject matter capable of refcreiice to arbitration; and that the decision as to the costs incurred was merely accessory to the decision of the...
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