Webb, Treasurer to the Commissioners for Building a new Gaol, Company, for the Borough of Carmarthen v James and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1840 |
| Date | 01 January 1840 |
| Court | Exchequer |
English Reports Citation: 151 E.R. 771
EXCH. OF PLEAS.
S. C. 9 Dowl. P. C. 314; 10 L. J. Ex. 89. See further, 8 M & W. 645. Adopted, Kepp v. Wiggett, 1850, 10 C. B. 35; Durham Corporation v. Fowler, 1889, 22 Q. B. D. 413.
webb, Treasurer to the Commissioners for Building a new C4aol, &u., for the Borough of Carmarthen v. james and others. Exch. of Pleas. 1840.-Debt on bond by the treasurer appointed by Commissioners acting under a local Lighting and Paving Act, against a collector of rates and his sureties. The defendants craved oyer of the bond and condition, which recited, inter alia, that H. J, one of the defendants, had been appointed collector of the rates due and payable under and by virtue of the act, and had been called upon to give security for the due performance of the office; and the condition was, inter alia, for the collection of all such rates as H. J. should be directed to demand and obtain by virtue of his said 772 WEBB V.JAMES 7 M. &W.280. office, arid for delivering a true account of and paying to the treasurer of the Commissioners, all monies by him received " by virtue and for the purposes of the said act." The defendants then pleaded, so far as related to that part of the condition, that " during the continuance of the said appointment no rate was made or in any way existed which he, the said H. J., could legally or according to law collect or get in, or could legally or according to law demand or obtain by virtue of his said office, and that he did not at any time during the continuance of his said appointment, legally receive any money by virtue or for the purposes of the said act or relative to the collectorship of the said rates :"-Hold, 1st, that the plea would have been bad on special demurrer, if the objection had been sufficiently pointed out, for attempting to raise an issue of law, and for not shewitig positively, either that no rate waa made, or in what the alleged illegality consisted.-2ndly, that the first part of the plea, which stated " that no rate was made, or in any way existed which he, the said H. J., could legally or according to law collect or get in," &c., not being specially demurred to, was a substantial defence to the action, as shewing a sufficient excuse for non-performance of the condition; and that the rest of the plea might be rejected as surplusage. [S. C. 9 Dowl. P. G. 314; 10 L. J. Ex. 89. See further, 8 M & W. 645. Adopted, Kepp v. tnggett, 1850, 10 C. B. 35; Durham Corpwatian v. Fowler, 1889, 22 Q. L5. D. 413.] Debt on bond. The defendants craved oyer of the bond, which was set out, and was as follows :-" Know all [280] men by these presents, that we Henry James of the county of the borough of Carmarthen, victualler, William Morgan, of the same place, currier, and John Lewis, of the same place, timber merchant, are jointly and severally held and firmly bound to Thomas Taylor Webb, of &c., Treasurer appointed by the Commissioners acting under and by virtue of an act made and passed in the 32nd year of the reigti of his late Majesty King George the .'3rd, intituled, &a., in the penal sum of £250, of &c , to be paid to the said Thomas Taylor Webb, as such treasurer as aforesaid, and his successors for the time being, for which payment to be well and faithfully made, we bind ourselves jointly, and each of us bindeth himself severally, and our and each of our heirs, executors, and administrators, firmly, by these presents, sealed, &c. The defendants also craved oyer of the condition of the bond, which was as follows:-" Whereas, in and by the above-mentioned act, it was afnongst other things enacted, that the Commissioners therein mentioned, or any five or more of them, should and might from time to time nominate, constitute, arid appoint one or...
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