The Public Health Act (11 and 12 Viet. c. 63), s. 89, enacts that rates may be made ‘retrospectively, in order to raise money for the payment of charges and expenses which may have been incurred at any time within six months before the making of the rate’
Held: that the Court might grant a mandamus ordering a rate to be made in order to satisfy a judgment obtained within six months before the claim for the writ, though the action, in which the judgment was obtained, was commenced more than six months after the right of action accrued, provided the delay is excused and shewn not to have been undue. The plaintiff in 1858 entered into contracts with the defendants, a local board of health, for the execution of works for the board, to be paid for out of money to be collected from those on whom the works were chargeable under the Public Health Act. The contracts were duly performed by the plaintiff. The notices given by the defendants turned out bad, and many of those who would otherwise have been liable refused to pay the sums assessed upon them. This became known to the plaintiff in February, 1860, and he then made a demand on the defendants. They were in hopes of being able to collect the money, notwithstanding the badness of the notices, and 800 pounds was in fact collected and paid over to the plaintiff, the last payment being in November, 1860, leaving a balance of more than 3000 pounds. due to the plaintiff, and he commenced an action against the defendants early in the following December. Judgment, was obtained by the plaintiff, and within six months he commenced an action, claiming a writ of mandamus commanding the defendants to levy a rate to satisfy the judgment.
Held: that the delay in commencing the original action was excused and shewn not to be undue, and that a peremptory writ might be granted.
[1865] EngR 738, (1865) 6 B and S 943, (1865) 122 ER 1441, (1865-1866) LR 1 QB 63, [1865] UKLawRpKQB 25
Commonlii, Commonlii
England and Wales
Updated: 06 August 2021; Ref: scu.281650
