1849. The QUEEN บ. Inhabitants of ST. LEONARD'S, now so used. In the preamble to an act (48 Geo. 3, c. xcvii.), intituled, " An Act for making more effectual Provision for maintaining, regulating and employing the Poor of the Parish of St. Luke, in the County of MidSHOREDITCH. dlesex," (after reference to several other acts which had been passed in relation to the said parish of St. Luke, but the provisions of which do not affect the present subject,) it is recited, "That whereas the provisions of the said act, 22 Geo. 3, have been carried into execution, so far as the same relate to the erecting a workhouse for the better reception and employment of the poor of the said parish, and large sums of money have been expended therein; and whereas, since the passing the said acts of parliament, the number of the inhabitants of the said parish, and the amount of the sums collected for the relief and maintenance of the poor thereof, have greatly increased, and debts to a considerable amount are now owing by the said parish for sums of money borrowed and expended under the provisions of the said recited act, 22 Geo. 3, and for the relief and maintenance of the poor of the said parish; and whereas many of the provisions of the said recited acts are inadequate to the carrying into execution the purposes thereof, in relation to the relief of the poor of the said parish, and the raising the rates for that purpose, and it is necessary that the same should be altered, amended and enlarged; and whereas it would greatly tend to facilitate the execution of the powers now become necessary, if the same were reduced into one act: be it therefore enacted, that so much of the said recited act 6 Geo. 2, as enacts" (here follows an enumeration of enactments relating to matters foreign to this question), "shall be and the same is hereby repealed, and that the said several acts, 30 Geo. 2, and 22 Geo. 3, shall be and the same are hereby repealed." By 48 Geo. 3, c. xcvii., s. 6, it is provided and enacted, 1849. The QUEEN ບ. Inhabitants of that all bonds, mortgages, assignments, annuities, grants, conveyances, leases and other securities made or granted to or by any person or persons, body or bodies politic, corporate or collegiate, or any other persons whom- ST. LEONARD'S, soever, acting by virtue of or on the credit or under the SHOREDITCH. authority of the said recited act, 22 Geo. 3, shall be as good, valid and effectual to all intents and purposes whatsoever, as if the said recited act, 22 Geo. 3, had not been repealed. By ss. 10, 11 and 12, provisions are made for the appointment of guardians of the poor. By s. 74 it is further enacted, that all and every the messuages or tenements, poorhouses, workhouses, edifices, buildings, lands, hereditaments, monies and securities for monies, rates, assessments and arrears of rates and assessments, goods, chattels and effects which, by virtue of the said recited acts, or one of them, the persons acting in the execution thereof, and their successors, or any other person or persons whomsoever, were entitled unto or possessed of in trust for the parishioners or vestrymen of the said parish, or which were vested in such persons and their successors, or other person or persons whomsoever, for and towards the relief, maintenance, use and benefit of the poor of the said parish, or for any other purpose whatsoever in which the said parish is interested, shall, from and immediately after the passing thereof, be vested in, possessed by, paid, delivered and belong to the guardians of the poor acting in the execution of this act and their successors, as fully and effectually and beneficially and in as large and ample a manner and form, and to all intents and purposes whatsoever, as they the said persons acting in the execution of the said recited acts, or any of them, and their successors or other person or persons were entitled to or possessed of such messuages or tenements, poorhouses, workhouses, edifices, buildings, lands, hereditaments, monies and securities for monies, rates, assessments and 1849. The QUEEN v. Inhabitants of arrears of rates and assessments, goods, chattels and effects, or as the same respectively were vested in such persons acting in execution of the said recited acts, or ST. LEONARD'S, any of them, and their successors or other person or persons, but subject nevertheless to be used, possessed, applied and disposed of only upon the trusts and for the uses and purposes, and in the manner by and in this act directed, declared and appointed. SHOREDITCH. By an act, 53 Geo. 3, c. cxii., intituled, " An Act for the better Relief and Employment of the Poor, and for the Enlargement of the Burial Grounds in the Parish of St. Leonard's, Shoreditch, in the County of Middlesex, and for other Purposes relating to the said Parish," it is enacted, "That the parishioners of the said parish shall four times in every year, on certain days in such act mentioned, meet together in the vestry-room, or in the church of the said parish, after notice given, to settle and ascertain the respective sums of money necessary to be raised by a just and equal pound rate for the relief, maintenance, lodging and employment of the poor of the said parish, and for the discharge of all expenses of relieving the poor of the said parish for the current quarter of the year; that the parishioners of the said parish shall assemble and meet together at the vestryroom within the said parish, within twenty-one days next after the said sum or sums of money necessary to be raised shall have been so ascertained as aforesaid, and that the said parishioners, or any nine or more of them, so assembled, shall make and sign a rate or assessment not exceeding the amount of the sums so settled and ascertained, as being necessary to be raised for or on account of the relief of the poor, which rate shall be laid upon all and every person and persons who do and shall inhabit, hold or occupy any land, house or shop, warehouse or other building, tenements or hereditaments within the said parish, and shall be laid according to the annual rent or value of all such messuages, shops, warehouses, lands, tenements and hereditaments respectively; and that such rate or rates, assessment or assessments, shall and may be demanded, received and collected, and the payment thereof enforced, as in the said act is provided, within such current quarter of a year, or as soon as the same can be recovered and got in." In pursuance of the directions of the said last-mentioned act, and of another act, 6 & 7 Will. 4, c. 96, intituled, "An Act to regulate parochial Assessments," the parishioners of Shoreditch assembled and met together in the vestry-room of that parish, on Tuesday, October 25, 1845, and made and signed a poor rate or assessment for the then current quarter of the year, which said rate was duly allowed according to law on November 27, 1845. In such rate the guardians of the poor of the parish of St. Luke, Middlesex, were rated for the workhouse, buildings, offices, yards and gardens used and occupied by them as such guardians for and towards the relief and maintenance of the poor of that parish, such workhouse, &c., being within the parish of St. Leonard, Shoreditch, and the same were assessed at 4007., as being the rateable value thereof. The land obtained in Shoreditch under the powers of the stat. 22 Geo. 3, was assessed at 41. per annum before the same became vested in the rector and churchwardens of the said parish of St. Luke, and continued to be assessed at that amount until the year 1843. In 1826, and long after the before-mentioned act, 22 Geo. 3, c. lvi. had been repealed, the guardians or other officers of the said parish of St. Luke obtained possession of six houses in the parish of St. Leonard, Shoreditch, the site of which was near to or adjoined their workhouse premises, and such houses were then rated at 201. per annum, and so continued till the following year, when the houses were pulled down, and the site was used as part of such workhouse pre 1849. The QUEEN v. Inhabitants of ST. LEONARD's, SHOREDITCH. 1849. The QUEEN V. ST. LEONARD'S, mises the latter portion of land so used was assessed by Shoreditch parish on a rental of 15l. per annum, making, with the above 47., 197. per annum, and the rates on Inhabitants of both rentals were paid by St. Luke's parish to Shoreditch SHOREDITCH, up to 1843, since which time such workhouse, buildings, offices, &c., have been assessed on a rateable value of 4007. per annum. Against the rate made on October 25, 1845, the guardians of the poor of the parish of St. Luke, who were thereby assessed on such rateable value of 4007. per annum, appealed to the general quarter sessions for the county of Middlesex, and at the hearing of the said appeal by adjournment in July, 1846, the Court ordered the assessment to be reduced to 197., subject to the opinion of the Court of Queen's Bench. If the Court of Queen's Bench shall be of opinion that the workhouse and premises in question are liable to be rated at their ordinary rateable value, in pursuance of the said acts, 53 Geo. 3, c. cxii. and 6 & 7 Will. 4, c. 96, then the order of sessions is to be quashed, and the rate appealed against confirmed. If the Court shall be of opinion that the said workhouse and offices, built about the year 1782 as aforesaid, are not liable to be charged with any greater rates or assessments than to such amount as such lands and grounds were assessed before the same became vested in the rector and churchwardens of the parish of St. Luke, under the statute 22 Geo. 3, c. lvi., then the order of sessions is to be confirmed. Sir J. Jervis (Attorney-General) and Pashley in support of the order of sessions (a).-There are two questions to be considered in this case: first, what is the effect of the repeal of the stat. 22 Geo. 3, and whether the stat. 48 Geo. 3 continues the exemption from an increased rate; second, whether the stat. 53 Geo. 3, being general (a) Before Patteson, Coleridge and Erle, Js. Lord Denman, C.J. was absent on account of illness. |