¶1The exception is fatal. The statute provides, u That any Justice of the Peace, on application under oath showing cause thereof, shall issue his warrant.” 16 Del. Laws ch. 345 § 7 ; Rev. Code (1893) 300. It is not set forth in the record ofthe Justice that the party who made the complaint was a member of the Board of Health of Lewes, authorized to act for said Board. The judgment is therefore reversed on that ground.
16 Del. 372
Johnson v. State
Decided October 15, 1895
Superior Court of Delaware · decided 1895-10-15
This was a Certiorari directed to Justice F. C. Wilbank. The charge before the Justice was that of being guilty of maintaining a common nuisance by not removing a hog pen, after notice by the Board of Health in the town of Lewes. The record showed that the complaint was made by Hiram R„ Burton, for the Commissioners of the town of Lewes.
Decided 1895-10-15