The King against The Justices of the West Riding of Yorkshire
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1794 |
| Date | 31 May 1794 |
| Court | Court of the King's Bench |
English Reports Citation: 101 E.R. 352
IN THE COURT OF KING'S BENCH.
352 THE KING V. THE JUSTICES OF 5T.R.830. the king against the justices of the west biding of yorkshire. Saturday, May 31st, 1794. No appeal lies to the Quarter Sessions against the allowance of the accounts of the surveyor of the highways under the 13 Geo. 3, c. 78. Upon a rule to shew cause why a certiorari should not issue to remove all orders made at the last General Quarter Sessions of the Peace, held at Wakefield on the 16th of January last, on an appeal of T. Foster against the allowance of the accounts of the surveyors of the highways of the township of Heptonstall in the said riding, it appeared by the affidavits, that on the 2d October 1793, the account of the surveyor of the highways was produced at a vestry of the inhabitants of the township, when several items were objected to; upon which several of the inhabitants who were dissatisfied with the accounts attended, together with the surveyor, at the Petty Sessions held at Halifax, on 16th October, before three justices, when the [630] justices unanimously allowed the account and confirmed the same. An appeal was entered against this determination at the next Quarter Sessions, and the Court disallowed the several items objected to, amounting to 1931. 15s. 7d. and ordered the respondents to refund that sum to the inhabitants of the township. The question here arose on the 13 Geo. 3, c. 78, the 48th section of which enacts, that the surveyor shall enter in books the several sums which he shall receive and disburse in that character, " and shall produce such books and the assessments made within that year for the purpose of this Act, unto the inhabitants of the parish, &c. at a vestry to be held for that purpose within fifteen days before the said Special Sessions, so to be held in the week next after Michaelmas Quarter Sessions, to the intent that the said accounts, &c. may be inspected by the inhabitants, &c.: and every such surveyor shall, after the said books and assessments shall have been produced at such meeting, take the same to such justice of the peace for the limit wherein such parish, &c. doth lie, and on such day, and at such ho'ur as shall be agreed upon at such meeting, some day after the said meeting of the inhabitants, and before such last mentioned Special Sessions; and then and there verify such account, or any part thereof, upon oath, if required...
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