Tilson and Another, Gents., Company against The Town of Warwick Gas Light Company
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1825 |
| Date | 01 January 1825 |
| Court | Court of the King's Bench |
English Reports Citation: 107 E.R. 1317
IN THE COURT OF KING'S BENCH.
S. C. 7 D. & R. 376, 4 L. J. K. B. O. S. 53. Explained and Applied, Campion v. King, 1842, 6 Jur. 35. Discussed, Wyatt v. Metropolitan Board of Works, 1862, 11 C. B. N. S. 754. Referred to, Sansom v. St. Leonard, Shoreditch, 1869, L. R. 4 C. P. 658; In re Kensington Station Act, 1875, L. R. 20 Eq. 209; Ex parte Hanly, 1888, 41 Ch. D. 233.
TILSON V. THE WARWICK GAS LIGHT COMPANY 1317 [962] tilson and another, gents., &c. against the town of warwick gas light company. 1825. An Act of Parliament for incorporating a gas light company enacted, that all the costs of obtaining the Act should be paid and discharged out of the monies subscribed in preference to all other payments : Held, that the attornies who obtained the Act might maintain an action of debt founded upon the statute for their costs. The declaration contained other counts, stating that the defendants were indebted to the plaintiffs for work and labour, &c. : Held, upon general demurrer, that even assuming that a corporation could not contract but by deed, the omission to set out a deed was a mere matter of form, and therefore ground of special demurrer only. [S. C. 7 D. & E. 376, 4 L. J. K. B. 0. S. 53. Explained and Applied, Campion v. King, 1842, 6 Jur. 35. Discussed, Wyatt v. Metropolitan Board of Works, 1862, 11 C. B. N. S. 754. Referred to, Sansom v. St. Leonard, Shoreditch, 1869, L. E. 4 C. P. 658 ; In re Kensington Station Act, 1875, L. B. 20 Eq. 209; Ex parte Hanly, 1888, 41 Ch. D. 233. Declaration in debt stated that the plaintiffs, before the passing of the Act of Parliament thereinafter mentioned, to wit, on, &e., at, &c., were retained and employed by and on the behalf of certain persons projectors of a certain undertaking for lighting the streets, &c., in the town of Warwick, in the county of Warwick with gas, to solicit and obtain an Act of Parliament for the completion and carrying on of the said undertaking, that they did solicit and obtain such an Act, intituled, An Act for Incorporating the Warwick Gas Light Company, and that the necessary and proper costs, charges, and expences of the plaintiffs attending the applying for, obtaining, and passing the said Act amounted to the sum of 6001., to wit, at, &c., whereof [963] the said company had due notice. And that in and by the said Act it was enacted, that all the costs, charges, and expenees attending the applying for, obtaining, and passing that Act, should be paid and discharged out of the monies to be subscribed by virtue of that Act, in preference to all other payments whatsoever. Averment, that divers large sums of money, amounting, in the whole, to 10,0001., became and were subscribed by virtue of the Act, and carne into the hands of the said company, and thereupon it became the duty of the company to pay, and they became liable to pay, and ought to have pajd to the plaintiffs the said costs, charges, and expences of the plaintiffs attending the applying for, obtaining, and...
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...as in Yarbwough v. [853] The Bank of England (16 East, 6), or on general demurrer, as in Tilson v. The Warwick Gas Light Company (4 B. & C. 962). The corporation here may have appointed an agent by deed, who may have contracted by parol; or they may have executed a deed which the defendant ......
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