The Queen against Cheek and Shekell, Esquires
| Jurisdiction | England & Wales |
| Court | Court of the Queen's Bench |
| Judgment Date | 21 January 1847 |
| Date | 21 January 1847 |
English Reports Citation: 115 E.R. 1536
QUEEN'S BENCH
S. C. 16 L. J. M. C. 65; 11 Jur. 86.
the queen against cheek and shekell, esquires. Thursday, January 21st, 1847. On mandamus, commanding justices to issue a warrant of distress for poor rate against a rated inhabitant, this Court, in the exercise of their discretion, refused to allow the return to be made on his behalf, and framed by hirp, under stat. 1 W. 4, c. 21, s. 4, the justices opposing, and it appearing that the objections to the rate, relied upon by him, were technical or frivoloua and such as, if valid, might have been made on appeal, and that he was actuated by a wish to harass (a) 3 B. & Aid. 47. See Harper v. Williams, 4 Q. B. 219; Jones v. Downman, 4 Q. B. 235, note (a); Downman v. Williams, 1 Q. B. 103. (ft) 8 M. & W. 505. See Same v. Same, 7 M. & W. 427, 9 M. & W. 606, 11 M. & W. 1. And see Todd v. Stewart, ante, p. 759. 9 Q. B. M3. THE QUEEN V. CHEEK 1537 the parish; and he not deposing to bis belief in the validity of the proposed objections, [S. C. 16 L. J. M. C. 65; 11 Jur. 86.] In last Michaelmas term, November 24th, by rule of this Court, it was ordered that a mandamus should issue, commanding Mr. Cheek and Mr. Shekel), justices of Worcestershire, to grant a warrant of distress for levying on the goods and chattels of John Rodd Griffiths the sum of 51. 10s. lOJd., assessed upon him by a rate made for the relief of the poor of the parish of Broadway, in Worcestershire, on 12th September 1846. Pashley, on the same day, obtained a rule calling on the prosecutors of the writ and the said justices to shew cause why the return to the writ should not be made in the names of the said justices, but expressed to be made on behalf of Griffiths; and why Griffiths should not be at liberty to frame such return, and conduct the subsequent proceedings thereon, at his own expense: on notice to the attorneys of the justices and the prosecutors. From the affidavits on which the rule was obtained the following facts appeared. Griffiths was the largest ratepayer in the parish. He was an attorney, and had, in 1845, been employed by the parish of Broadway to conduct an appeal against an order of removal: the order was confirmed ; and the parish officers of Broad-[943]-way caused Griffiths's bill to be taxed by the Master of the Crown Office ; when more than a sixth wat struck off, and Griffiths had to pay the costs of taxation, amounting to 81. 19s. 6d. On...
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