The Queen against The Justices of The West Riding of Yorkshire. ( Bastow.)
| Jurisdiction | England & Wales |
| Judgment Date | 10 May 1841 |
| Date | 10 May 1841 |
| Court | Court of the Queen's Bench |
English Reports Citation: 113 E.R. 1271
IN THE COURT OF QUEEN'S BENCH.
S. C. 1 G. & D. 198; 10 L. J. M. C. 137; 5 Jur. 824.
the queen against the justices of the west riding of yorkshire. (!n THE matter of bastow.) Monday, May 10th, 1841. Under stat. 5 & 6 W. 4, c. 50, ss. 44, 105, no appeal lies to Quarter Sessions against the allowance of the surveyor's accounts at Petty Sessions. Where the justices in Petty Sessions had allowed accounts which were complained of, but, as they themselves deposed, had not entered fully into the case, under the impression that an appeal lay to the Quarter Sessions, and that the case involved important questions of law, this Court, after deciding that no such appeal lay, refused a mandamus to the Petty Sessions to review the allowance. [S. C. 1 G. & D. 198; 10 L. J. M. C. 137; 5 Jur. 824.] Sir G, A. Lewin obtained a rule, in last Michaelmas term, calling upon the justices of the West Riding to shew cause why a mandamus should not issue, commanding them to enter continuances, and hear the appeal of Cowling Ackroyd against the allowance of the accounts of Abram Bastow, late surveyor of the high-[625]-ways for the township of Great Horton in the parish of Bradford. The affidavits stated that Bastow appeared before three justices at a Special Session for the highways on 27th May 1840, to exhibit his yearly accounts; when Ackroyd objected to certain items. The magistrates allowed the items: but, as two of the magistrates themselves and Ackroyd deposed, they did not enter fully upon the case, under the impression that an appeal lay to the Quarter Sessions, and that some important questions of law were likely to arise. The appeal was entered at the July Sessions, and adjourned; and it came on to be heard at the last October Quarter Sessions; when the sessions, being of opinion, upon argument, that no appeal lay to them, dismissed the appeal. Ackroyd made an affidavit of merits. In last term (a), Wigbtman, Baines, and Pashley shewed cause. Under stat. 5 & 6 W. 4, c. 50, no appeal lies to Quarter Sessions against the allowance. Stat. 13 G. 3, c. 78, s. 80, gave no appeal against the allowance of a surveyor's accounts uoder sect. 48; Bex v. The Justices of the West Riding of Yorkshire (5 T. K. 629), Rex v. Mitchell (5 T. R. 701). Now sect. 80 of that statute does not differ substantially from sect. 105 of stat. 5 & 6 W. 4, c. 50. In each clause the appeal is limited to cases " for which no...
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