Blankley v Winstanley And Another: 19 May 1789

A charter granting jurisdiction to borough magistrates over a district not within the borough does not exclude the county justices without express words. And though such charter contain words of reference to former charters in which exclusive jurisdiction is given to the borough justices within the borough, and add that they shall have jurisdiction within the new district in tam amplis modo et forma, and c. yet if there be in the latter charter a saving clause of the rights of the Crown and of all other persons, the borough magistrates have only a concurrent jurisdiction with the county justices. Where the words of a charter are doubtful, they may be explained by long usage (a).


[1789] EngR 2471, (1789) 3 TR 279, (1789) 100 ER 574




England and Wales


Updated: 20 May 2022; Ref: scu.368102