The Queen against The Mayor and Assessors of Rochester. the Parish of Strood. [in the COURT of QUEEN'S BENCH and EXCHEQUER CHAMBER]
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1857 |
| Date | 01 January 1857 |
| Court | Exchequer |
English Reports Citation: 119 E.R. 1485
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
the queen against the mayor and assessors of rochester. (!n the matter of the parish of strood.) Mandamus directed to the mayor and assessors of the city and borough of Rochester, The suggestions of the writ were; that the city and borough of 1486 THE QUEEN V. THE MA YOB OF ROCHESTER 7 EL. & BI, 912. Rochester is one of the boroughs in Schedule A, to stat. 5 & 6 VV. 4, c. 76 ; that the parish of Strood is partly within the said city and borough; and that, after stats. 7 W. 4 & 1 Viet. c. 78, and 16 & 17 Viet. c. 79, to wit on the 5th of September 1856, the overseers of the parish of Strood did duly make out an alphabetical list of all persons who were entitled to be enrolled in the burgess roll of that year in respect of property within that part of the parish &e.; that the said list was duly signed by the overseers and delivered to the town clerk; that a Court was duly holden on the 13th of October 1856, for the purpose of revising the burgess lists before the mayor and assessors ; that the said burgess list for the said portion of the parish of Strood contained the names of John Cobb and 167 other persons, as persons entitled to be enrolled in the burgess roll; that at the said Court the said burgess list was produced by the lown clerk; that, at the time of the production of the said list, it was objected that a copy thereof had not been by the said town clerk caused to be fixed in or near the outer door of the town hall, or in some public and conspicuous place within the city and borough, on everyday during the week next preceding the 15th of September 1856; and that it was thereupon proved that such copy had been caused to be fixed on the outer door of the town hall on the 9th of September 1856; and that, on hearing the said objection and proof, the mayor and assessors wholly refused to revise the said list, and the said list was thereupon wholly rejected ; by means whereof the names of John Cobb and the others have not been enrolled in the burgess roll. The writ then commanded the mayor and assessors of the city and borough of [912] Rochester immediately to hold a Court and revise the said list of the parish of Strood made on the 5th of September 1856, or to shew cause to the contrary. The writ was tested on the 26th of January 1857. Return of the mayor: that he was not mayor at the time when the said Court in the writ mentioned was holden, nor was the same holden before him, but that he was first elected and appointed and first became mayor on the 10th of November 1856 ; and that he waa willing and desirous, if he could by law do so, to hold a court and revise the said list &c., as by the writ commanded. Demurrer. Joinder. Return of Thomas French, one of the assessors : that his power and duties as assessor were conferred and imposed on him by the Acts of Parliament in the writ mentioned, and that he was advised and did submit that he was not bound by the common law of the land, or by the said or any other Acts of Parliament, to hold a court and revise the said list as by the said writ commanded; and that the other assessor, to whom the writ was directed, refused to, and would not, concur or join with him in this answer, although requested. Demurrer. Joinder. The case was argued on a...
To continue reading
Request your trial
-
The "Ironsides"
...a special case stated in pursuance of an agreement made at Nisi Prius before the Act [462] came into operation So Vansittait v Taylor (4 E & Bl 910), upon a similar point; and there during the argument Parke, B , said (p. 912), " In Mayor of Berwick v. Oswald (3 E & B. 653), all the Judges ......