Leathley v Webster: 1790

A by-law which is uncertain, or contrary to a statute, is void. In an action for money had and received to the plaintiff’s use, it was found by a special verdict; that the Company of Cutlers in Hallamshire in the county of York, which were incorporated by the 21 Ja. 1, c. 31, have a power given by that statute of making such by-laws as are not contrary to the law of the land ; that in the year 1718, the company made a by-law, whereby it is ordered, that the clerk of the company shall receive fifteen shillings for every pair of indentures of apprenticeship which shall be inrolled by him, arid that it shall be referred to the master and wardens of the company, to ascertain how much of the fifteen shillings shall be deducted for the benefit of the company ; and that the clerk of the company had insisted upon and received fifteen shillings from the plaintiff for the enrolling of a pair of indentures, by which the plaintiff’s son was bound an apprentice to a member of the company. The question was, if this by-law be good? It was holden, that it is not.

Judges:

Ryder CJ

Citations:

[1790] EngR 1079, (1790) Say 251, (1790) 96 ER 870 (C)

Links:

Commonlii

Employment

Updated: 02 May 2022; Ref: scu.364132