The King against Trecothick, Esquire, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 25 November 1834 |
| Date | 25 November 1834 |
| Court | Court of the King's Bench |
English Reports Citation: 111 E.R. 157
IN THE COURT OF KING'S BENCH.
the king against tbecothick, esquire, and others. Tuesday, Nov. 25th, 1834. A local Act gave power to commissioners to raise money for paving, lighting, and watching a town, by rating and assessing the proprietors of houses according to the value at which the houses were taxed to the poor. It also empowered them to assess and levy rate on certain proprietors for the purpose of certain improvements, such rate to be levied and assessed in the same manner as the other rates. In default of payment, a justice was authorized to issue a distress warrant. The Act also provided, that, in case any person thought himself aggrieved by any rate or assessment, he might appeal to the commissioners, who were authorized to give relief; and further, that any one who thought himself aggrieved by any thing done in pursuance of the Act, might appeal to the Quarter Sessions. The commissioners assessed a proprietor to a rate levied for the purpose of the improvements, at an annual value above that at which he waa assessed to the poor: Held, Taunton J. dissentiente, that, on his refusing to pay, a justice might be required by mandamus to issue a distress warrant, the proprietor not having appealed. F. Pollock, in this term, obtained a rule, calling upon four of the keepers of the peace and justices of the Cinque Ports, to shew cause why a mandamus should not issue, commanding them, or one of them, by warrant under their hand and seal, to direct Stephen Sackets Chancellor, the collector appointed by the commissioners for putting in execution stat. 53 G. 3, c. Ixxxii. (local and personal, public), " for more effectually paving, lighting, watching and improving the town of [406] Margate "(a), (b) So ruled...
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