PENALTY. See Copyright, II. PERJURY. See Award. PERPETUAL CURATE. See Church. PERSONAL. Representative. See Right of Action. PERSONATION. Stat. 14 & 15 Vict. c. 105. s. 3. makes it an offence to "personate any person entitled to vote" at an election of guardians. 4. delivered to the person appointed to collect the voting papers the voting paper of a person who was dead. Held not an offence within sect. 3. Whiteley, appt., Chappell, respt., 1019. PIANOFORTE SCORE. Of opera. See Copyright, I. PLEADING. See Bankrupt, III., V., VI. panies Act. Infancy. Libel. of Action. Slander. POOR. ComRight the inhabitants of C., with a market and fair there, for a term of four years from 1220. Car. 1, by letters patent, granted it in fee to H., and all tolls and markets within it. From time immemorial till 1786 there was a market house belonging to the lord of the manor in the High Street of C., and tolls immemorially paid, as well of the market as for articles hawked about the town, and for stalls and standings for the sale of articles erected in the streets." This right was recognised and confirmed by several local Acts: 26 G. 3. c. 116. s. 43, 46 G. 3. c. 117. s. 125., 1 & 2 G. 4. c. cxxi. s. 140., and 15 & 16 Vict. c. 1. s. 133. In 1807 the C. Commissioners appointed under stat. 46 G. 3. c. 116. became lessees of the tolls, which were taken of a certain amount from 1806 to the time of the present action. Upon one of the boards exhibited in 1841 it appeared that a toll was taken payable by all persons hawking about the town fish, fruit, vegetables, or any other article for which no toll had been before paid in the market, of, inter alia, 1s. for every cartload; and for many years previous to the year 1841, and as long as living witnesses could remember, and continuously down to the time of the action, a similar board with similar words and figures had always been fixed in a conspicuous part of the mar. ket house at C. for the time being. The Court having power to draw inferences of fact: Held, that the claim of toll was good, because 1. It ought to be inferred that the See Lunatic, I. Rate, Poor. Personation. toll had existed from time immemorial. 2. If not, still a lawful origin of the toll within the time of legal memory, by means of a contemporaneous dedication of the streets to the public and a reservation of the toll by the Crown, ought to be inferred. 3. A toll reasonable in amount, but varying from time to time according to the value of money, is valid in law. 4. Although a toll traverse, i. e., a toll for the mere use of a public way, is bad, this toll was not merely for passing and repassing, as it imported a licence to rest and stay upon the land for the purpose of selling merchantable commodities. Lawrence v. Hitch, in error, 467. PRESENTMENT. tion pursuant to the Municipal Corporations Act, 5 & 6 W. 4. c. 76. s. 75. In 1851 the General Board of Health Of bill of exchange. See Bill of Ex- made a provisional order under The change, I. Of prison. See Quarter Sessions. PRESUMPTION. See Marriage Fee. PRISON. See Lunatic, II. Alteration of. See Quarter Sessions. PRIVILEGED. Communication. See Libel. PROHIBITION. See County Court, IX., X. PROMISSORY NOTE. 1. The addition to a promissory note of words which cannot prejudice any person does not destroy its validity. 2. The words "on demand" were added to a promissory note without the knowledge of the maker, after it had been delivered to the payee. Held, that the maker was not discharged from his obligation to pay it, as the words only added what the law would have supplied. Aldous v. Cornwall, 607. PROVISIONAL. Order. See Public Health. FUBLIC BUILDINGS. See Rate, Poor, I. PUBLIC HEALTH. A portion of the borough of T., consisting of the township of N. S and parts of the townships of T., P. and C., was under the management of Commissioners constituted under a Local Act. In 1849 the townships comprising the parliamentary borough of T. were incorporated, and the powers of the Commissioners transferred to the Corpora Public Health Act, 1848, 11 & 12 Vict. c. 63., which repealed the rating clauses of the Local Act, enlarged the area of that Act, and extended its unrepealed provisions over the whole of the municipal borough of T. Also it applied sect. 88 of The Public Health Act, 1848, except so much of it as provided that a railway and certain other property should be rated on one fourth only of its annual value, the effect of which was to subject those parts of the line of railway which were not in the township of N. S. to a rating at full value. The order was confirmed by stat 14 & 15 Vict. c. 103. "so far as" it was authorised by The Public Health Act, 1848. Held, 1. That it was within the power of the Board to repeal the rating clauses of the Local Act, enlarge its area, and extend its unrepealed provisions over the whole of the borough. But, 2. That the order was not authorised by sect. 10 of The Public Health Act, 1848, as it altered the provisions of that Act with respect to rating different descriptions of property. North Eastern Railway Company, appts., The Mayor, &c., of Tynemouth, respts., 616. PUMPING STATION. See Rate, Poor, VI. QUARTER SESSIONS. The Prison Act, 1865, 28 & 29 Vict. c. 126. s. 24., enacts, that the consideration of a presentment of the necessity for an alteration or enlargement of a prison "shall not be entertained by the prison authority unless not less than three weeks previous notice has been given in some one or more public newspaper or newspapers circulating within the district of the prison authority of their intention to take the same into consideration at a time and place to be mentioned in such notice." By sect. 5, as respects a prison belonging to a county, the justices in Quarter Sessions are the prison authority. At an ad journed Epiphany Sessions for the county due notice was given that presentments of visiting justices as to the necessity of alterations in the two county gaols would be taken into consideration at the Easter Sessions. At those Sessions it was resolved to refer the question to the consideration of a committee, who were to report to the next Michaelmas Sessions. The committee made their report to those Sessions, who made an order accordingly. Held, round two posts driven into the bed of the river. Between the barge and the bank four other posts were driven into the bed of the river, and a moveable frame of boards laid on the top of these posts, but not fixed to them, nor touching the barge or bank, formed the gangway from the barge to the bank. The barge was roofed over and formed a room, which was used by the members of the club as a means of access to their boats, and for reading and other amusements. No land was occupied with the barge, nor was the club owner of the posts. The posts had been driven into the bed of the river more than twenty years for the purpose of 2. The resolution at the Easter Ses- being used as aforesaid, and had resions being equivalent to an adjourn-mained and been so used without the ment, a formal entry of it was not necessary. 1. That the order was valid, because the Quarter Sessions had power to adjourn the matter from the Easter Sessions to the Michaelmas Sessions. leave or licence of the Corporation of the city of Oxford, who were owners of the soil of the bed of the river, and no rent had been paid or other acknowledgment made by the club. Held, that the club was not rateable in respect of the barge, which was a mere chattel, nor in respect of the posts, as they had no exclusive occupation of them. Grant, appt., The Oxford Local Board, respts., 900. II. 1. The general district rate made by a Local Board of Health constituted under The Public Health Act, 1848, 11 & 12 Vict. c. 63., and The Local Government Act, 1858, 21 & 22 Vict. c. 98., is not a rate" which by law is required to be based upon the poor rate" within The Union Assessment Committee Act, 1862, 25 & 26 Vict. c. 103. s. 28., and therefore, if the assessment for the relief of the poor is not in the judgment of the Local Board a fair criterion for the general district rate, they may make a new valuation in pursuance of sect. 56 of stat. 21 & 22 Vict. c. 98. 2. The parish of S. is coextensive with the borough and district and comprises within it the townships of S. and F., each separately maintaining its own poor. In 1867 the Local Board made two district rates, and, the poor rate being in their judgment not a proper criterion, ordered a new valuation. At that time there was in force in the townships of S. and F. respectively a valuation list for assessing the poor rate B. & S. under The Union Assessment Committee Act, 1862, 25 & 26 Vict. c. 103. Held, that the Local Board were not bound to adopt the poor law assessment. 3. On the argument of a special case stated under stat. 12 & 13 Vict. c. 45. or stat. 20 & 21 Vict. c. 43., the appellant begins; reversing the practice recognised in The Overseers of Hilton and Walkerfield, appts., The Overseers of Bowes, respts., 7 B. & S. 223. The North Eastern Railway Company, appts., The Local Board for Scarborough, respts. Same, appts., Sume, respts., 1009. Poor. I. Stat. 9 & 10 Vict. c. 39., which recited that Commissioners for improving the Metropolis had recommended the construction of a bridge over the Thames, near Chelsea, and that the Commissioners of Woods and Forests had caused plans of the intended bridge to be made, which had been approved by the Commissioners for the Treasury, constituted the Commissioners of Woods and Forests a corporation for the purpose of constructing the bridge, and empowered them to obtain a loan from the Commissioners for issuing Exchequer Bills for Public Works, the repayment to be secured by an assignment of the tolls which the Commissioners of Woods and Forests were authorised to take. The tolls were to be applied in payment of all expenses of the management and collection of the tolls, in maintaining the bridge, and in repayment of all advances and expenses made or paid for out of the Consolidated Fund. The bridge was constructed and vested in the Commissioners of Woods and Forests, and by stat. 14 & 15 Vict. c. 42. in the Commissioners of Works and Public Buildings, to whom their duties and powers were transferred; and the tolls taken exceeded the cost of maintaining the bridge. By stat. 21 & 22 Vict. c. 66. s. 2., when the sum bor rowed from the Consolidated Fund should be paid off, no toll was to be taken for foot passengers. Held, by the Queen's Bench and affirmed by the Exchequer Chamber, that the occupa tion of the bridge was in the Commissioners of Works and Public Buildings as servants of the Crown, or at least in consimili casû, and therefore they were not rateable to the poor rate. The Queen v. McCann, 33. II. Stat. 4 & 5 Vict. c. 48. s. 1. enacted that the municipal corporations named in the Schedules (A.) and (B.) of stat. 5 & 6 W. 4. c. 76. should in some cases be rateable to the poor rate in respect of lands, tenements and hereditaments being their property and in their occupation: provided that where such property is in a parish wholly within a borough named in those Schedules, and the poor of which are relieved by one entire rate, the exemption shall continue as if the Act had not passed. Held, 1. That the exemption continued, though the law which induced the passing of the Act was altered by the decision of the House of Lords in The Mersey Docks Cases, 11 H. L. C. 443. 2. A corporation created since stat. 5 & 6 W. 4. c. 76. is by stat. 16 & 17 Vict. c. 79. s. 2. entitled to the exemp tion in stat. 4 & 5 Vict. c. 48. s. 1. 3. The Union Chargeability Act, 1865, 28 & 29 Vict. c. 79., does not affect the exemption. The Queen v. The Mayor, &c., of Oldham, 202. III. A lead mining Company, requir ing the water of a watercourse which turned a corn mill, diverted a portion of it from its natural course by an arti ficial watercourse about a mile and a half in length, wholly within the parish of D., partly open and partly tunnelled, and for about 350 yards near the mine the water was conveyed in iron pipes : the whole, with the walls, sluices, flood gates, pipes and other works connected therewith, were repaired and maintained by the Company. They paid yearly 100l. to the owner of the mill for the diversion of the water; 71. 7s. to the adjoining occupiers for the occupation of the land by the watercourse. The water was used principally for working the machinery of the mine, and for crushing, washing, and cleansing the ore. Held, 1. That the Company were liable to be rated to the poor rate in respect of the occupation of the land by the water course. 2. That the watercourse was not exempt by reason of its being accessory to the working of a lead mine. 3. That the value of the land enhanced by its capability of conveying water to the mine might be taken as the rateable value of the watercourse. The Talargoch Mining Company, appellants, The Guardians of the St. Asaph Union, respondents, 210. IV. Appeal against a poor rate for the parish of H. in respect of lands in the township of T., on the ground that T. was part of the parish of K. A case was stated with power to the Court to draw inferences of fact. H. and K. are ancient immemorial parishes. H. consists, independently of T., of the townships of A. and H., the former maintaining its own poor and highways separately and having its own overseers and surveyors. The churchwardens and overseers of H. make poor rates for the remainder of the parish, which are called rates for the township of H., but have for a considerable time included the lands of T. The district of T., which is adjacent to H. and K., has commonly been called a township or hamlet, but has not maintained its own poor or highways separately, nor appointed a constable for 100 years, and for anything that appeared to the contrary before that time the lands in T. had been rated to the poor and highway rates for H., exclusive of A., and the overseers and surveyors of highways for H. had acted for T. as if it were part of their district. On the other hand, the lands in T. from the earliest period were tithable to K. as being situate in that parish, and the occupiers were always rated to and paid church rates and the Easter and all other ecclesistical dues to K. As to all ecclesiastical matters T. had been uniformly and immemorially treated and reputed as part of the parish of K. H., A. and K. are ine ntioned in Domesday Book; T. is not. Sta t. 32 G. 3. c. 109., for inclosing open fields and commons "within the townshi ps of H., A. and T.," which lay inter inixed and dispersed, reciting, among other things, that the lord of "the manor of H. and T." was seised of the soil of the commons "within the said manor," empowered the Commissioners for putting the Act into execution to determine the boundaries of those townships and of the parishes adjoining. By their award all the rated lands in T. were dealt with and declared to be in the township of T. and parish of K. Held, notwithstanding the Inclosure Act and award, that T., not being a township of itself, its association with H. for civil purposes, though for ecclesiastical purposes it was part of K., might have a legal origin; and therefore the usage ought not to be disturbed. The Queen v. Watson, 306. V. In pursuance of an Act of Parliament The S. U. Railways and Canal Company granted a lease in perpetuity of their undertaking to The L. & N. W. Railway Company, under the provisions of which a canal, part of their undertaking, was worked and managed by a joint committee in the name of The S. U. Railways and Canal Company, and was worked by The L. & N. W. Railway Company, and The L. & N. W. Railway Company made up to the shareholders of The S. U. Railways und Canal Company the deficiency in the earnings of their undertaking, in accordance with the guarantie in the lease of the pay ment of certain rents or sums of money in the nature of rent. Held, that the annual rent or sum of money received by The S. U. Railways and Canal Company from The L. & N. W. Railway Company under the lease was not to be taken into account in determining the rateable value of the canal. The Queen v. The Overseers of the Parish of Lapley and the Assessment Committee of the Union of Penkridge, 568. VI. The Metropolitan Board of Works, in pursuance of the Acts for the local management of the metropolis, constructed a system of sewers to intercept the drainage of the metropolis connected with pumping stations, by means of which the sewage is lifted up from a lower to a higher level, and ultimately discharged many miles down the Thames, without the limits of the metropolis. |