swarb.co.uk - law index
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Administrative - From: 1200 To: 1799
This page lists 11 cases, and was prepared on 02 April 2018.
Foster's Case (1614) 11 Co Rep 56b
1614
Sir Edward Coke CJ
Administrative
The words of an Act of parliament "shall not bind the King's Bench, because the pleas there are coram ipso Rege."
1 Citers
Smith's Case (1670) 1 Mod Rep 44
1670
Kelynge CJ
Utilities, Administrative
An order of the Commissioners of Sewers was brought before the court. The commissioners pointed to a statute which provided that they should not be compelled to certify or return their proceedings. Held: The contention was rejected: "Yet it was never doubted, but that this court might question the legality of their orders notwithstanding: and you cannot oust the jurisdiction of this court without particular words in Acts of Parliament. There is no jurisdiction that is uncontrollable by this court."
1 Citers
Dominus Rex v Viscount Purbeck [1677] EngR 22; [1677] Shower PC 1; (1677) 1 ER 1
1677
HL
Administrative
Upon a Petition, the Question was in the House of Lords, Whether the Dignity of a Viscount could be surrendered to the King by a Fine? And it was argued at the Bar by three Counsel for the Petitioner, and by the Attorney General for the King. It was urged on behalf of the Petitioner, That a Dignity cannot be surrendered to the Crown.
[ Commonlii ]
Rex v Plowright (1686) 3 Mod Rep 94
1686
Administrative, Magistrates
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 . . ."
1 Citers
Grenville v Royal College of Physicians (1700) 12 Mod Rep 386; 1 Ld Raym 454
1700
Holt CJ
Administrative
1 Cites
1 Citers
Douglass, Widow And Administratrix, v Yallop, Esq [1759] EngR 9; (1759) 2 Burr 722; (1759) 97 ER 532
1759
Administrative
The senior master of the Court of Common Pleas, who received five shillings for each entry in his registry of judgments, would have been liable to be sued for any damages suffered by the plaintiff for his failure to register a judgment presented for registration under the Judgments Act, 1838.
Judgments Act 1838
1 Citers
[ Commonlii ]
Rex v Moreley, Rex v Osborne, Rex v Reeve, Rex v Norris (1760) 2 Burr 1040
1760
Mansfield L
Administrative
The Conventicle Act said "that no other court whatsoever shall intermeddle with any cause or causes of appeal upon this Act: but they shall be finally determined in the quarter sessions only." Held: Certiorari was nevertheless ordered: "The jurisdiction of this court is not taken away, unless there be express words to take it away: this is a point settled."
1 Citers
Charles Cajetan Count Leslie, Leopoldus Count Leslie, Eldest Son, Anthony Leslie, Second Son, and Charles Count Leslie, Third Son, of The Said Count Charles Cajetan Leslie v Peter Leslie Grant, and His Curator, Ad Litem (1763) 2 Paton 68; [1763] UKHL 2_Paton_68
2 Feb 1763
HL
Administrative, Wills and Probate
Alien - Proof.-
A person, a natural born subject of England, had issue born abroad before the 7 Anne (Naturalization act), out of the ligeance of the King. This son had issue, Count Anthony Leslie, also born out of the ligeance of the King; Question of law submitted to the whole judges of England: Whether Anthony was capable of inheriting land estates in Scotland? Held unanimously, on full consideration of the statutes, that Anthony Count Leslie, was to be deemed an alien, and not capable to inherit such estate-That the statutes extended only to the children of a natural born subject of the first degree, and not to the grandchildren, and Anthony's father not being a natural born subject of England, but an alien born abroad, before the passing of the 7 Anne, he could take no benefit.-Proof rejected in consequence of diet not being regularly intimated in terms of commission issued.
[ Bailii ]
Smith v Clay; 10-May-1767 - [1767] EngR 55; (1767) 3 Bro CC 646; (1767) 29 ER 743
The Case of Cardiffe Bridge [1795] EngR 3342; (1795) 1 Salk 146; (1795) 91 ER 135 (B)
1795
Administrative, Magistrates
Certiorari lies to justices of the peace in Wales, and Counties Palatine.
[ Commonlii ]
Grindley v Barker (1798) 1 Bos & Pul 875; [1798] EngR 112; (1798) 1 Bos & Pul 229; (1798) 126 ER 875 (B)
1798
Eyre CJ
Administrative, Trusts
Where a number of persons are entrusted with powers not of mere private confidence, but in some respect of a general nature, and all of them are regularly assembled, the majority will conclude the minority, and their act will be the act of the whole.
1 Citers
[ Commonlii ]