Page images

in the City. Fees were received in respect of marriages, &c. performed in his church, and the income from this source was more than 40s. a year. He also received more than 40s. a year from burials in Bow Cemetery, of persons dying within his district; a title to the latter fees was not produced. Nor was he in receipt of any income from the letting of pews. Held, That the appellant was not entitled to vote in right of his office of perpetual curate, irrespective of the source from which the income of his office was derived; and further, that he was not by virtue of his office entitled at law or in equity to a freehold estate in lands or tenements, in the same parish as that for wbich he claimed to be registered, of the clear yearly value of 40s. Kirton and Dear, November 28, 1869.

Freehold presumed from Possession. Tenements, held by burgage tenure, in the ancient borough of Kendal, it not being shewn that the freehold is in another, entitle the holder in possession to vote for the county. Busher and Thomas. Lut. I. p. 551.

Freeholds for Life,–Charities. The bedesmen of Lord Burghley's Hospital, Stamford Baron, North. ampton, are entitled to be registered, as having equitable estates of freebold in their respective rooms. Simpson and Wilkinson. Lut. I. p. 168. B. & A. p. 308.

The inmates of Jesus Hospital, Rothwell, Northampton, are not entitled to vote for the county, as their respective estates or interests are held during the pleasure of the governors, according to the by-laws, made under the powers of letters patent, dated 38th Elizabeth. Davis and Waddington. Lut. I. p. 159. B. & A. p. 299.

The inmates of Shrewsbury Hospital, Sheffield, are not entitled to be registered for the county of Nottingham, not having equitable estates of sufficient value therein to confer the franchise ; and held, by Erle, J., that they have no equitable estate in land, but only an interest in money. Ashmore and Lees. Lut. I. p. 337. B. & A. p. 551.

The “ Beadsmen of Daventryhave equitable estates in land, but not to the value of 101. per annum each, and are not entitled to be registered as holding any “benefice or office,” within the meaning of the 18 s. of 2nd William IV., cap. 45. K. & G. p. 132.

The fellows of Lincoln College, Oxford, are not entitled to be regis. tered for the county of Durham, inasmuch as the annual value of their equitable estates in land, within that county, is not 101. and they do not come within the exception of the 18 s. of the Reform Act, as coming to an estate by devise, or holding a benefice or office. West and Robson, K. & G. p. 141.

The members of the Hospital of Gilbert, Earl of Shrewsbury, at Sheffield, have neither a legal nor an equitable freehold interest in the rooms occupied by them, and are not entitled to vote for the county. Freeman and Gainsford. K. & G. p. 448.

The preachers and lay clerks and bell ringer of Canterbury Cathedral have not an interest in land to entitle them to vote for the county in respect of their stipend paid out of the Cathedral fund, derived wholly or in part from land. Hall and Lewis. K. & G. p. 499.

Copyhold. Case of “ Customary tenure” qualification, described in List as. “ Copyhold." Garbutt and Trevor. H. & P. vol. I. p. 69.

Equitable Estate, Cestui que Trust. A. purchased certain plots of freehold land, of sufficient value to confer the franchise, for which he paid the whole of the purchase money, but the conveyance to him, at his own request, had not been made. The land was unlet, and he had not in any way taken possession, or exercised the rights of ownership upon it. Held, That he was not entitled to be registered, as the cestui que trust “in actual possession, or in receipt of the rents and profits.” Anelay and Lewis. K. & G. p. 47.

Dissenting Minister. The minister of a dissenting congregation occupied a house and gar. den, the legal estate in fee being vested by deed in trustees, in trust, to permit the minister, for the time being, to reside in the premises for the time being." The evidence of the minister's appointment was his own statement, that it was general, and for life. Held, Tbat as the Barrister had admitted that evidence, the appointment must be taken to have been made for life, and that the minister had an equitable estate of freehold. Burton and Brooks. LUT. II. p. 197.

In the case of a dissenting minister in the parish of Downton, Wilts, the revising barrister did not infer from similar facts presented, that the appointment was for life, and the Court confirmed his decision, as the facts did not lead necessarily to the inference that the appointment was for life. Collier and King. K. & G. p. 385.

Parish Clerk. W. M. B. was appointed parish clerk to be held for life, part of the emolument of which office was part of an ancient due upon the opening of every grave in the churchyard of the parish. Held, not to have an interest in the freehold, and that the fee for assisting at funerals is not analogous to those profits that are issuing from the land. Bushell and Eastes. K. & G. p. 484.

Freehold Land Societies,Mortgagor in Possession.

Value above all Rents and Charges. Two plots of land were conveyed in fee to W. A. for a consideration of 1501. The plots were eligible for building purposes, and would, if let, produce 151. per annum, but for other purposes would not yield 40s. per

No building had been erected thereon, and the land had remained in the claimant's possession wholly unproductive. therefore objected that the claimant had not “free land, to the value of 40s. by the year,” to expend, within the statute 8th Henry VI. cap. 7. Held, That the annual value of the estate was 40s., either by the fact of its purchaseable value being 1501. or that it would, if let for its most fitting purpose, yield a rept of 151. Astbury and Henderson. K. & G. p. 6.

Monthly payments to a building society, including principal and interest, secured by mortgage upon the estate, are in the nature of a charge thereon to their full extent, and if they diminish the value to the owner below 40s. per annum he is not entitled to be registered. Cope. land and Bartlett. Lut. 2, p. 102.


It was don.

Land of the annual value of £.3 was mortgaged to a building society for £.73 to secure monthly payments amounting to £.4 annually; by the 31st of January £.71 had been paid off, leaving only £.2 to pay. Court confirmed decision of the Revising Barrister that the claimant had an interest in the land that amounted in value to 40s. per annum. Robinson and Dunkley. H. & P. vol. I. p. 1.

Land was mortgaged to secure the repayment of a principal sum within a time which had expired at the holding of the revision, but the land was not charged with payment of interest on the loan, though the claimant was personally liable for it. Held, That the claimant did not derive 40s. by the year to expend above all charges, and that whether the interest be charged by deed or not, it is a charge upon the estate within the letter and spirit of the 8 Hen. VI. and 28 Geo. III. c. 36. Lee and Hutchin

LUT. 2, p. 150. All payments to a building society secured upon an estate, whether they be in respect of principal and interest, or for incidental expenses, are in the nature of charges thereon, and thereby reduce the value to the owner; and although the mortgagor may be in actual possession, and in the receipt of the rents and profits of the estate, he is not entitled to be registered if he do not derive 40s. per annum over and above such payments. Beamish and Overseers of Stoke. Lut. 2, p. 189.

Land worth £.5 per annum was mortgaged with other land belonging to the claimant, to secure the repayment of a sum of £.300 and 5 per cent. interest, being £.15 per annum. Held, That the mortgage interest was apportionable, and that the claimant, having an interest above 40s. per annum in the land worth £.5, was entitled to vote. Moore and Carsbrooke. Lut. 2, p. 233.

Part of a plot of land subject to a chief rent of £.14 ls. d. was conveyed in fee to ten persons as tenants in common, subject to the payment of £.4 5s. as their portion of the chief rent, the grantors covenanting to pay the remainder. Held, That the rent could be apportioned, and that “ it is not what charges the land is legally liable to in the first instance, but what, in the result, the claimant to a vote in respect of it would be able to expend." Barrow and Buckmaster. Lut. 2, p. 235.

Where the owner of the freehold pays all the rates and taxes, the gross Tent is not the criterion of value to the owner; but the annual amount of such rates and taxes must be deducted, and if it reduces the value to the owner below 40s. he is not entitled to be registered. Moorhouse and Gilbertson. Lut. 2, p. 260.

Where also it was necessary to expend an annual sum in repairs to maintain the gross rent received, Held, That the value was reduced by such annual payment. Hamilton and Bass. Lut. 2, p. 213.

So, also, where it was found that an annual expenditure as commission for collecting the rents was necessary, it was held to be a charge reducing the value of the estate to the owners. Sherlock and Steward. K. & G. p. 297.

Freehold-land in a Borough occupied by Owner. Where the owner and occupier of freehold land within a borough also occupies “as tenant” a house therein, he is not disqualified from being registered in respect of the land for the county, though the house be of less than £.30 value. Capell and Overseers of Aston, and Burton and Overseers of Aston. Lut. 2, p. 143.

Lut. 1,

“ Six months' actual possession.” The words “ actual possession" mean a possession in fact as contredistinguished to a possession in law; and as the possession in fact of a rent charge, or other incorporeal hereditament, can be had only by the actual manual receipt of the rent itself, or some part of it, or something in lieu of it, so there could be no possession “ for six months prior to the 31st of July,” where nothing took place but the execution of the deed, and no rent was due until after that date. Murray and Thorniley. Lur. 1, p. 496; B. & A. p. 472; and Hayden and Overseers of Tiverton.


Customary Freehold. A. had been for upwards of twenty years the owner in fee of a house and land above the annual value of 40s. but less than £.10. The property was situate in the manor of Digwell, at the Court Baron for which the claimant had acknowledged to hold the same house, &c. of the lord of the manor by free deed, fealty, suit of court, &c. and the payment of & yearly rent of 4d. No rent had ever been paid or demanded of him. The lord had by custom a right to compel the tenant to come in and acknowledge free tenure. Held, That the tenant had a freehold estate, aud did not hold at the will of the lord or by copy of court roll, consequently, the value of the estate was sufficient to entitle the claimant to be registered. Passingham and Pitly. K. & G. p. 35.

Copyhold in a Borough. A copyhold house of more than £.10 annual value will not entitle the owner to be registered for the county, though the same be let out in separate tenements each of less than £.10 annual value. Proctor and Annison. K. & G. p. 297.

Leasehold in a Borough. The lessee of several houses comprised in one lease, the annnal value of each house ( with one exception) being less than ten pounds, is entitled to be registered for the county, notwithstanding that the occupier of the one house would be entitled to vote for the borough. Webb and Overseers of Aston. Lut. 1. p. 18. B. & A. p. 20.

Occupation as Tenant.The Committee to a lunatic's estate in the occupation of certain lands the produce of which he receives for his own use and benefit, but paying no rent for the same, is not entitled to be registered as a £.50 occupying tenant, though his name is returned in the accounts to chancery as the tenant of the land. Burton and Langham. Lut. 2. p. 78.

Occupation at a single rent. The occupation of land under separate landlords at the respective rents of £.35 and £.20, will not entitle the occupier to be registered as a tenant paying a rent of £.50. Gadsby and Barrow. Lur. 1, p. 142. B. & A. p. 283.



Lut. I. p.

Rating and Payment of Rates and Taxes. Where a rate bears upon its face the name of the occupier, the premises for which he is rated, the rateable value thereof, and the amount of the rate, such rating is sufficient, within the 27th section of the Reform Act; and the payment of the entire rate by any of the parties jointly rated, is & payment by each of the joint occupiers of his respective rate. Wrighi and The Town Clerk of Stockport. Lut. I. p. 32. B. & A. p. 39.

The occupier of the house, No. 3, Golden Lane, was by mistake rated as the occupier of No. 4. Under an agreement, the landlord of No. 3 paid all rates and taxes, the tenant paying an increased rent in consideration thereof. The landlord had paid all rates and taxes due, and the tenant'all rent due. Held, That the tenant had been bona fide called upon to pay the rate, had bona fide paid it, and was rated within the meaning of the statute. Cook and Luckett. Lur. I. p. 432. B. & A. p 666.

In consequence of a claim to be rated, the name of the occupying tenant of a house, for which the landlord was rated, was inserted in the rate book after the name of the landlord, but nothing appeared annexed thereto in the columns of the rate book. Held, That the tenant was sufficiently rated for the house; and that the question of rating should be determined by inspection of the rate, without any evidence of the intention with which it was made. Pariente and Luckett. 441. B. & A. 701.

A claimant, in respect of different premises occupied in immediate successivn, is not bound to shew that he has been rated, by name, on the rate book for them, provided he has paid all the rates, to entitle him to

Rogers and Lewis. K. & G. p. 279. A claiin to be rated, under the statute 2nd William IV., cap. 45, is only good for the rate for the time being. Wansey and Perkins. Lut. p. 249. B. & A. 402. By the statute 14th and 15th Victoriæ, cap. 14, however, subsequently passed, persons having once claimed to be rated in respect of premises, and paying or tendering the rates due, are not required to renew such claim.

An officer, in the service of the Government, occupying as such, rent free, a house belonging to the Government, in part remuneration for his services, is a tenant of such house, within the 27th section of the Reforma Aet; that such a tenant being rated, the rates being paid by the Government ia part remuneration for the tenant's services, was liable for the rates, and that the payment was made on his account. Hughes and The Overseers of Chatham. Lur. I. p. 5l. B. & A. p. 61.

Wiere no actual tender of rates due took place, at the time of giving a notice of claim to be rated, but the claimant asked “if there were any rates due?" and said, “ if so, he was prepared to pay them,” the Overseer replying, “I will see to it," —Held, This was not a tender within the meaning of the statute. Bishop and Smedley. Lur I. p. 384.

All'laxes due, whether previously demanded or not, must be paid, to be entitled to be registered. Ford and Smedley. LUT. II. p. 403.

Service of claim to be rated on Assistant Overseer, who had given notice of intention to resign. Caunter and Addams. H. & P. vol. I.


[ocr errors]


« EelmineJätka »