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![handle is hein.slavery/ssactsengr0756 and id is 1 raw text is: ATTORNEY-GENERAL V. SMYTHIES
of the Court of Quarter Sessions over bridges, namely, the Commissioners of Sewers.
Those commissioners possess a jurisdiction founded ol Acts of Parliament (23 Hen. 8,
c. 5; 3 & 4 Ed. 6, c. 8; 13 Eliz. c. 9; 7 Ann. c. 10, and the recent statute, 3 & 4 W.
4, c. 22), and they have a right, within the due limits of their authority, to do all
necessary acts in the execution of their functions. Nevertheless, if they so execute
what they conceive to be their duty, as to create or occasion a public nuisance, this
Court has an undoubted right to [134] interpose. The same question occurred in
Kernison v. Sparrow (Cooper, 305; 19 Ves. 449), before Lord Eldon, in which his
Lordship, under the circumstances of the case, considered that he ought not to
interfere; but the jurisdiction .of the Court was not there denied or disputed. In
Altorney-General v. Johnson (2 Wils. C. C. 87) the objection to the jurisdiction was
attempted to be raised. The Defendants in that case, the Corporation of the City of
London, were authorised by Act of Parliament to do what was necessary to be done
in the exercise of their duty as conservators of the river Thames; but, in that
particular instance, they had assumed to themselves a right to carry on or sanction
operations, which created a nuisance to the King's subjects; and the Court accordingly
interfered to prevent them from so exercising their undoubted legal powers. To say
that this Court, when it interferes in such a case, is acting as a Court of Appeal from
the Court of Quarter Sessions is anything but a correct representation of the fact.
The jurisdiction is exercised, not for the purpose of overruling the power of others by
way of appeal from their authority, but for the purpose of exerting a salutary control
over all for the protection of the public.
The allegations of fact appearing on the face of this information and bill may be
pure fiction; but I am to take the record as it stands, and, finding that it represents a
case where, if the act proposed to be done be carried into effect, a great public mischief
will be occasioned, I think the obvious result of all the authorities is that I am bound
to interfere.
Mr. Wakefield then submitted that the demurrer of the Defendants, the surveyor
and contractors, ought at all events to be allowed.
[135] THE Low) CHANCELLOR [Cottenhami, (after examining the statements in
the information and bill which referred to the proceedings of the surveyor and
contractors), said that in his opinion those Defendants were all so much mixed up and
identified with the proceedings of the Berkshire magistrates that they were properly
made parties, and that their demurrers also ought to be overruled.
ATTORNEY-GENERAL V. SMYTHIES. N1rov. 22, 28, 1836.
[S. C. 6 L. J. Ch. (N. S.), 35, affirming S. C. 1 Keen, 289; 5 L. J. Ch. (N. S.), 247.]
A decree having directed the settlement of a scheme for the regulation of the hospital
of King James in Colchester, and for the future application of its revenues, the
Court, in afterwards considering the scheme, came to the conclusion that, upon the
true construction of the charter of foundation, and of the laws and statutes of the
hospital, it was intended, and was essential to the proper performance of his official
duties, that the master should have a proper residence within the hospital or on the
lands belonging thereto; and a reference was accordingly directed for the purpose
of ascertaining the best mode of providing such residence; but the Court declined
to make any specific declaration that it was the duty of the master to reside, that
being a matter falling within the jurisdiction of the visitor.
This was an appeal from an order of Lord Langdale, whereby it was declared that,
according to the true construction of the charter, the master of the college or hospital
of King James, in the suburbs of Colchester, ought to reside in such college or
hospital for the purpose of discharging the several duties of his office; and that it
should be referred to the Master to inquire whether there was a fit residence in the
college or hospital for such master; and if the Master should find that there was not,
then it was declared that such residence ought to be provided, and the Master was to
review his scheme with reference to this declaration.
The cause is reported upon the original hearing before Sir John Leach, and upon
592
2 MY. & CR. 134.](ViewImageLocal?handle=hein.slavery/ssactsengr0756&div=1&collection=&method=preview&ext=.png&size=3)