case the king against PLOWRIGHT a certiorari lie to remove a order of justice  make under a statute although it enact that dispute concern take a distress  shall be final determine by a justice of the peace SC Mod the attorney general  move for a certiorari to remove a order of justice concern hearthmoney and it  be grant accord on the return of the order it appear to be in discharge of the  owner of a cottage under ten shilling yearly rend to which no land be annex  let to a poor woman who by the Act be discharge from the payment of it Mr  attorney general move to quash the order because by the word of the statute  car c a the owner ought to pay the duty the word be and let the same which  same refer only to the lessor c Mr pollexfen e contra I agree it have be  resolve in this court after much debate that for house stand empty the owner  shall pay the duty he be deem a occupier within this law but here the owner  can be a occupier for that there be another occupier who be express mention  and shower KB undoubted discharge of payment by the exception of the statute  and he shall not pay now to make the occupier pay be to make the poor pay in  consequence or otherwise it will make the owner prostrate all the cottage and  so the poor will want place for habitation this be stretch a little too far in  aggrievance of the poor Wythens justice suppose a poor man not worth ten pound  in the world have such a cottage of the yearly value of five shilling and he  let we it to such a poor person as be within the qualification of the  exception will you have the owner pay the duty in that case and per curian you  have not a good step in have a certiorari b but this ought to be consider c  Adjournatur c executor de son tort of a term for no man can apportion his own  wrong but if he enter tortiously he be a seize and not a termor but judgement  be give for the plaintiff SC lev b more case a repeal by will and mary sess c  b the statute car c upon which this order be make enact that if any dispute  shall arise about the levy the tax the same shall be hear and final determine  by one or more justice of the peace the first question be whether by these  word final determine the certiorari be in this case take away and the court  hold it be not take away by the word SC Mod c the order be quash Mod shower KB  er p