The Queen against Eyton, Esquire, and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1854 |
| Date | 01 January 1854 |
| Court | Court of the Queen's Bench |
English Reports Citation: 118 E.R. 1188
COURTS OF QUEENS BENCH AND THE COURT OF EXCHEQUER CHAMBER.
S. C. 18 Jur. 399; (sub nom. In re Surveyors of Tryddyn), 23 L. J. M. C. 45.
the queen against eyton, esquire, and others. 1854. Sect. 95 of the General Highway Act, 5 & 6 W. 4, e. 50 (which enacts that, in the case of an indictment for non-repair of a highway preferred at the Assizes or Quarter Sessions by order of justices as there directed, the costs of the prosecution shall be ordered, by the Judge who tries or the justices of such Quarter Sessions, to be paid out of the rate made and levied in pursuance of the Act in the parish, in which such highway shall be situate) extends, not only to rates made or levied at the time of the order, but to the highway rate in general; and, if there be not sufficient funds in the hands of the surveyors at that time, they must make a rate for the purpose. -The order binds, not only the surveyors in office at the time, but their successors, until the costs be paid.-Such costs are not, within the meaning of sect. 103, penalties, or forfeitures, inflicted or authorized by the Act to be imposed for any offence against the same, nor balances due from a surveyor, nor costs and charges allowed and ordered by the authority of the Act the manner of levying, recovering and applying of which is not thereby otherwise particularly directed. And therefore they cannot be levied by distress, under the proceedings directed by that section. But a mandamus will issue to compel the taking of the proper steps. [S. C. 18 Jur. 399 ; (sub nora. In re Surveyors of Tryddyn), 23 L. J. M. C. 45,] At a General Quarter Sessions for Flintshire, holden 1st July 1852, the Court made an order [391] reciting ati order of special sessions, which directed a prosecution of The Inhabitants of the township of Tryddyn in the parish of Mold, in that county, for non-repair of a highway in the township, the surveyors of the township having appeared to an information preferred by Charles Harrison, and denied the liability ; reciting also that the indictment was preferred by Harrison at Quarter Sessions, and the defendants pleaded Guilty ; and it was "therefore ordered by us, the justices by and before whom the said bill of indictment was tried, that the costs of such prosecution (i) The Report of The Commissioners appointed to inquire into the existing estate of the Corporation of the City of London, &c...
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