Trustees appointed under a local Act for building a new parish church, with power to make rates for that purpose and for discharging debts to be incurred under the Act, are liable to account before parochial auditors appointed under the Vestry Act, 1 and, 2 W. 4, c. 60, as a board having control over part of the parochial expenditure; though the local Act requires such trustees to keep an account of the assessments, receipts and payments under the Act, to be examined and allowed once a year at Quarter Sessions ; and though, by the same Act, their accounts are open to inspection (on payment of 1s.) by any person liable to the above rates. A mandamus calling on such trustees to produce before the auditors ‘the accounts’ (without limit as to time) kept by them under the local Act, and requiririg the clerk to the trustees to produce the books of account which may concern the above accounts, is bad, as exceeding the authority given by stat. 1 and, 2 W. 4, c. 60, ss. 34, 35, although such mandamus begin by reciting a demand made by the auditors upon the trustees in terms conformable to the Act, and a refusal to comply with such demand. When the validity of a return to a mandamus is argued on a concilium, the party impugning the return must begin, although the opposite party states that he shall object to the form of the mandamus.
[1837] EngR 445, (1837) 6 Ad and E 314, (1837) 112 ER 119
Commonlii
England and Wales
Local Government
Updated: 26 January 2022; Ref: scu.313562