Leonard Shelford

The Law of Highways in England and Wales; Comprising Highways in Districts Under Boards of Health and of Local Government, and as Affected by Railways with Additional Forms, Not Contained in the Acts Leonard Shelford

Publisher Marketing: This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1865 Excerpt: ...against would not dispense with the necessity of giving them notice of appeal; Rex v. Salop, 4 B. & Ald. 626; see Reg. v. Bedfordshire Js., 11 Ad. & E. 134; ante, p. 250. Act For Collection Of Poor Rates ExTended To This Act. 106. In all cases of appeal against the rate or proviiions of assessment made in pursuance of this act the several 't"'ppij. provisions and enactments contained in a certain cable to this act made and passed in the act 41 Geo. 3, c. 23, ct shall be applicable thereto as if the same had been repeated and re-enacted in this act with respect to such appeals (/). (I) The act 41 Geo. 3, c. 23, is printed in the Appendix. Want of Form--Certiorari. 107. Provided always, and be it further enacted, Rates and that no rate, nor any proceeding to be had touching J c the conviction of any offender against this act, or quashed for any order made, or any other matter or thing done want om' or transacted in or relative to the execution of this act, shall be vacated or quashed for want of form, or be removed or removable (except as herein mentioned) (m) by certiorari, or any other writ or process whatsoever, into any of his majesty's courts of record at Westminster (n). (m) The clause taking away the right to a certiorari does not extend to a case where the justices at sessions have acted wholly without jurisdiction; Rex v. W. R. of Yorkshire, Js., 5 T. R. 629; see ante, s. 95, p. 231. (n) The stat. 13 Geo. 3, c. 78, provided that "no proceedings to be had or taken in pursuance of that act should be quashed for want of form or removed by certiorari;" it will be observed that the expression in the new act is, "in or relative to the execution." If justices acted wholly without jurisdiction, the order made by them wa...