LAW JOURNAL REPORTS FOR THE YEAR 1884. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW CHIEFLY CONNECTED WITH The Duties and Office of Magistrates DECIDED IN THE QUEEN'S BENCH DIVISION AND IN THE COURT FOR CROWN CASES RESERVED, REPORTED In the Court for Crown Cases Reserved, By WALTER HENRY MACNAMARA, In the Queen's Bench Division, W. DECIMUS I. FOULKES, J. H. ETHERINGTON SMITH, GILBERT GEORGE KENNEDY, RICHARD HOLMDEN AMPHLETT, FRANCIS PARKER, EDWARD BENNETT CALVERT, AND GEORGE HUMPHREYS, BARRISTERS-AT-LAW. MAGISTRATES' CASES. LONDON: PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE. PUBLISHED BY F. E. STREETEN, 5 QUALITY COURT, CHANCERY LANE. SUPREME COURT OF JUDICATURE. CASES RELATING TO THE POOR LAW, THE CRIMINAL LAW, AND OTHER SUBJECTS CHIEFLY CONNECTED WITH The Duties and Office of Magistrates. MICHAELMAS 1883 TO MICHAELMAS 1884. 47 Victoriæ. [IN THE COURT OF APPEAL.] 1883. } Nov. 3, 5. J THE QUEEN v. THE RECORDER Public Health Act, 1875 (38 & 39 Vict. c. 55), ss. 150 and 268-Apportionment of Expenses of Work in Street-Summary Proceedings-Jurisdiction of Justices of Peace-Appeal to Local Government Board. In a proceeding by an urban sanitary authority, under section 150 of the Public Health Act, 1875, to recover in a summary manner from a frontager in default the expenses incurred in executing works in a street, the Justices are bound to make an order for payment even though the works were done and the apportionment made on a notice to the owner to pave, &c., as part of a street, land which at the time of such notice was enclosed private land. Where the whole expenses have been apportioned on such a notice, the only remedy of the person aggrieved is to appeal to the Local Government Board under section 268, for the grievance is a wrong order made by the urban sanitary authority, and the Justices have no jurisdiction to enquire whether that order be right or not. Judgment of the Queen's Bench Division (52 Law J. Rep. M.C. 78) affirmed. Appeal from a judgment of the Queen's Bench Division. The case is reported 52 Law J. Rep. M.C. 78. *Coram Brett, M.R., and Bowen, L.J. On the 9th of June, 1879, the stipendiary magistrate for the borough of Sheffield made an order, under the Public Health Act, 1875 (38 & 39 Vict. c. 55), s. 150, adjudging that Bernard Wake should pay to the mayor, aldermen and burgesses of the borough, acting as the urban sanitary authority, the sum of 74l. 1s. 3d. and costs. The corporation of Sheffield in November, 1879, duly gave notice, under section 150, to Wake and others, as occupiers of premises abutting on "Platt Street" in the borough, to sewer, pave, metal, &c., that street. This notice not having been complied with, the corporation executed the works. The proportion payable by Wake was disputed, and was settled by arbitration in manner provided by the Act, Wake being assessed to the amount of 74l. 1s. 3d. It appeared from the affidavit of Wake, that at the time of giving the notice, and during the whole of its currency, a portion of the land which he was required to pave, &c., as a part of "Platt Street," consisted of two pieces of land, containing respectively 577 yards and 169 yards, being at that time the property of Messrs. Smith & Redfearn, and in their possession. The plot consisting of 169 yards was enclosed and divided from the part of the street then open by a wall. The rest of the land which Wake was required to pave, &c., as a part of "Platt Street," consisted, in its whole length on the northern side, of land which was the B |