The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be ‘heard and finally determined by one or more justices . . ‘ The decision of the justices was in error on its face, and did not state sufficient grounds to make the landlord liable.
Held: The court issued an order of certiorari to quash the determination: ‘The statute doth not mention any certiorari, which shows that the intention of the law-makers was, that a certiorari might be brought, otherwise they would have enacted, as they have done by several other statutes, that no certiorari shall lie. Therefore the meaning of the Act must be, that the determination of the justices of the peace shall be final in matters of fact only . . .’
Citations:
(1686) 3 Mod Rep 94
Cited by:
Cited – Regina v Medical Appeal Tribunal ex parte Gilmore; Re Gilmore’s Application CA 25-Feb-1957
The claimant had received two injuries resulting in his total blindness. He sought an order of certiorari against the respondent who had found only a 20% disability. The tribunal responded that its decision, under the Act was final.
Held: In . .
Approved – Grenville v Royal College of Physicians 1700
. .
Lists of cited by and citing cases may be incomplete.
Administrative, Magistrates
Updated: 30 April 2022; Ref: scu.222190