Administrative - 1200- 1799

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This page lists 6 cases, and was prepared on 01 January 2009.

Foster's Case (1614) 11 Co Rep 56b
1614 Sir Edward Coke CJ	Administrative	Casemap 1 Citers
	The words of an Act of parliament "shall not bind the King's Bench, because the pleas there are coram ipso Rege."

Smith's Case (1670) 1 Mod Rep 44
1670 Kelynge CJ	Utilities, Administrative	Casemap 1 Citers
	An order of the Commissioners of Sewers was brought before the court. The commissioners pointed to a statute which provided that they should not be compelled to certify or return their proceedings. Held: The contention was rejected: "Yet it was never doubted, but that this court might question the legality of their orders notwithstanding: and you cannot oust the jurisdiction of this court without particular words in Acts of Parliament. There is no jurisdiction that is uncontrollable by this court."

Rex -v- Plowright (1686) 3 Mod Rep 94
1686	Administrative, Magistrates	Casemap 1 Citers
	The collectors of chimney tax distrained on the landlord of a cottage. The applicable Act provided that any question about such distress should be 'heard and finally determined by one or more justices . . " The decision of the justices was in error on its face, and did not state sufficient grounds to make the landlord liable. Held: The court issued an order of certiorari to quash the determination: "The statute doth not mention any certiorari, which shows that the intention of the law-makers was, that a certiorari might be brought, otherwise they would have enacted, as they have done by several other statutes, that no certiorari shall lie. Therefore the meaning of the Act must be, that the determination of the justices of the peace shall be final in matters of fact only . . ."

Grenville -v- Royal College of Physicians (1700) 12 Mod Rep 386; 1 Ld Raym 454
1700 Holt CJ	Administrative	1 Cites 1 Citers

Rex -v- Moreley, Rex -v- Osborne, Rex -v- Reeve, Rex -v- Norris (1760) 2 Burr 1040
1760 Mansfield L	Administrative	Casemap
	The Conventicle Act said "that no other court whatsoever shall intermeddle with any cause or causes of appeal upon this Act: but they shall be finally determined in the quarter sessions only." Held: Certiorari was nevertheless ordered: "The jurisdiction of this court is not taken away, unless there be express words to take it away: this is a point settled."

Grindley -v- Barker (1798) 1 Bos & Pul 875
1798 Eyre CJ	Administrative	Casemap 1 Citers
	Where a number of persons are entrusted with powers not of mere private confidence, but in some respect of a general nature, and all of them are regularly assembled, the majority will conclude the minority, and their act will be the act of the whole.