View report page

70
Warlski v. The Vestry.
This case was interesting as being the first summons issued against
a Metropolitan Vestry under the Public Health (London) Act for nonremoval
of dust after written notice had been given to remove it. The
dust was removed pending the return to the summons, and the Plaintiff
accordingly withdrew the summons when it came on for hearing before
Mr. Haden Corser at the North London Police Court. The law, however,
which renders local authorities liable to very heavy penalties for
an omission which may be unavoidable and in itself of no serious
importance remains, and it is only due to the good sense of the ratepayers
as a body that the power vested in them has not been abused.
Regina v. Rayson and other Churchwardens.
(.Exparte Elliott.)
A brief summary is given on page 12 of the facts connected with
the abortive election in St. Peter's Ward in May, 1891, and of the subsequent
election in December, 1891.
The mandamus for the new election was argued before Justices
Matthew and A. L. Smith on October 26th, 1891, by Mr. Lumley
Smith, Q.C. and Mr. V. Austen on behalf of the Churchwardens and
by Mr. McCall for Mr. Elliott. It would have been, of course, useless
for the Churchwardens, after the judgment which had been previously
given against the Vestrymen who had been declared to be elected in
May, to have contended for the validity of that election, and the
Vestry's Counsel contented himself with pointing out that although the
Court might have jurisdiction, the Yestry under the Metropolis Management
Acts could of its own motion only hold an election in May. The
Court, being satisfied as to its power to direct a new election, ordered
the mandamus to issue and gave costs to Mr. Elliott.
Gordon v. Williamson.
Although the Yestry was not directly concerned in this case, it was
important as being brought against a member of the Yestry, and as
affecting the position probably of many Vestrymen not only in Islington
but in other Metropolitan Parishes.
It was an action by the Plaintiff in the capacity of a common
informer for penalties against Defendant for sitting and acting