The Law and Practice of the High Prerogative Writ of Mandamus, as It Obtains Both in England, and in Ireland

The Law and Practice of the High Prerogative Writ of Mandamus, as It Obtains Both in England, and in Ireland

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1848 edition. Excerpt: ...548. S. C. 4, 5. See tit "Certiorari." 2 G. & D. 700. R. c. Wilts. (J.), 2 Chit. (A) 2 Q. B. 731, supra, and ante, p. 13. 257; and see 4 B. & Ad. 398. R. r. West (i) R. v. Leicestersh. (J.), 1 M. & S. 442. Riding (J.), 3 N. & M. 89. R. v. Mon-See also 7 D. & R. 334. S. C. 4 B. & C. mouthsh. (J.), 7 D. & R. 334. & C. 4 B. & 844. See port, p. 237--239. C. 849. See tits. " Courts Inferior" (Rehear. (j) Ante, p. 15, 16. R. t. Gamble, 11 A. ing), "Certiorari." & E. 69, cited in R. t. West Riding (J. I (/) R. r. Buckinghamsh. (J.), 2 G. & D. Q. B. 630. S. C. 1 G. & D. 205. See post, 560. R. v. West Riding (J.), 1 Q. B. 624. tit. " Application." The confirmation of an appeal at Quarter Sessions does not prevent a mandamus to hear (k); neither does the dismissal (I).. Application.--The applicants must shew themselves strictly entitled to the mandamus (/-).. Review.--Where the sessions have declined to hear a case or an appeal, on a preliminary objection shutting out the merits of the case, such decision may be reviewed by the Court of B. R. (n). But the writ does not lie to command the Court of Quarter Sessions to review their decision on an appeal, except on a case stated, on the ground that the adjudication was not warranted by the evidence; the Court of Quarter Sessions being the sole judges of the effect of evidence laid before them (o). And it may be taken as a rule, that where justices of the peace in or out of sessions, have acted within their jurisdiction and duty, and according to the best of their judgment, a mandamus will seldom be granted commanding them to review their judgment (p).. Judgment.--The writ lies to command a Quarter Sessions to enforce...
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Product details

  • Paperback | 242 pages
  • 189 x 246 x 13mm | 440g
  • Miami Fl, United States
  • English
  • Illustrations, black and white
  • 1236645227
  • 9781236645227