against a rule for setting aside an award are costs in the cause, and the party who ultimately has the verdict in his favour is entitled to have them taxed to him, notwithstanding the other party succeeds in part of his application. There a verdict was found for the plaintiff at Nisi Prius, subject to a reference, and the decision proceeded on the ground that there was in fact no verdict until the Court had determined that the award should stand. Here the cause was at an end when the arbitrator had made his award. MARTIN, B.-We are all of opinion that the rule ought to be discharged. The sums awarded were due on the 15th February, and no doubt it was the duty of the defendants to pay them on that day; but I think this is not a case in which we ought to exercise our discretion in favour of the plaintiff. The order of reference was made a rule of Court before any application for payment; and the sums awarded were paid before any demand. Under these circumstances, without saying that we have no jurisdiction, I think it would be a great hardship on the defendants that they should be put to this expense. BRAMWELL, B.-I am not sure that we have any jurisdiction to order the defendants to pay these costs until proceedings are taken to enforce the rule of Court; but, assuming that we have, it is a matter of discretion whether or no we will make such order. If the costs were necessarily incurred by the plaintiff for the purpose of enforcing the award, the defendants ought to pay them; but it does not appear that there was any necessity for incurring them. If the plaintiff's attorney had applied by letter to the defendants for payment of the sums awarded, there is no doubt it would have been attended to. 1860. CARTER v. BURIAL BOARD OF TONG. 1860. CARTER v. BURIAL BOARD OF TONG. WILDE, B.-I am also of opinion that the rule ought to be discharged. If the award had been actually disobeyed, so that it had become necessary to enforce it, I am disposed to think that the Court would have ordered the defendants to pay these costs. We need not, however, decide that point, because an application for payment might have been made by letter; but the plaintiff, behind the defendants' back, and without any demand of payment, made the order of reference a rule of Court. Since we have a discretion, I think we ought not to make this rule absolute. Rule discharged. April 23. The Liverpool Library is an institu tion formed THE LIVERPOOL LIBRARY, Appellants, v. THE MAYOR, THIS was a case stated for the opinion of this Court, in pursuance of the provisions of the 12 & 13 Vict. c. 45 (a), to provide a fund of literary instruction and entertainment, adapted to the various tastes of the proprietors among whom the books are to circulate. The property is held in 893 shares, the holders of which subscribe one guinea annually. Proprietors may assign their shares, which are saleable at about 97. a share. If the annual subscriptions are unpaid for a certain period fines become due; if unpaid for two years the shares may be forfeited. The proprietors may introduce strangers. The committee have power to dispose of the earlier copies of periodical works, which from the nature of their contents require to be renewed by later editions. It is not lawful to make any dividend, gift, division or bonus in money or otherwise unto or between any of the members, and no such division is in fact made. No newspapers are supplied to or introduced into the institution.-Held, that the premises occupied by the society were exempt from rates under the 6 & 7 Vict. c. 36, s. 1; and, first, that the possible increase in the value of the shares did not deprive the society of the benefit of the enactment. Secondly, that the annual payments were voluntary, because the society could not enforce the payment of them. The 9 & 10 Vict. c. cxxvii. (local and personal, public), by ss. 151 to 154, empowers the council of the borough of Liverpool to make rates on every person occupying any house or land within the borough for certain purposes therein named. Section 155 provides that no person shall be rated in respect of any church, chapel, &c., "or in respect of any building used for the education of the poor exclusively."- Held, that this Act did not repeal the provisions of the 6 & 7 Vict. c. 36, s. 1, or affect the exemption from rates of a house occupied by a society, established for purposes of literature within the borough. According to the practice of the Court of Exchequer, on appeals upon cases stated under the 12 & 13 Vict. c. 45, s. 11, the respondent is entitled to begin. (a) See sect. 11. by consent and order of a Judge, on appeal against the light ing rate, the fire police rate, the paving, sewer, water, and general rates, and the improvement rate of the borough. The Liverpool Library was, on the 4th of May, 1859, rated at twopence farthing in the pound to the lighting rate, at one farthing in the pound to the fire police rate, at eightpence in the pound to the paving rate, at threepence in the pound to the sewer rate, at twopence in the pound to the water rate, at threepence in the pound to the general rate, and at three halfpence in the pound to the improvement rate, made on the same day by two assessors duly appointed. The shareholders of the institution claim exemption under the 6 & 7 Vict. c. 36, s. 1. The lighting rate was made under the 21 Geo. 2, c. xxiv., and a resolution of the town council, dated the 7th of September, 1836, applying the Act within the borough. The fire police rate under the 5 & 6 Vict. c. cvi. The paving, sewer, water, and general rates under the 9 & 10 Vict. c. cxxvii. The improvement rate under the Liverpool Improvement Act, 1858. All the above Acts are to be referred to and taken as part of the case. The institution to which the rated property belongs is called the Liverpool Library, and is governed by rules and regulations made at a meeting of the shareholders, a copy of which was annexed to and taken as part of the special case (a). The institution exists and is conducted under (a) 1. This institution shall be called the Liverpool Library. 2. Its design is hereby declared to be to provide a fund of literary instruction and entertainment, adapted to the various tastes of the proprietors among whom the books are to circulate. 3. The property shall be held in shares. The number of shares is limited to 893, and the holders 4. Every proprietor may trans- 1860. LIVERPOOL v. MAYOR, &c. OF LIVERPOOL. the above rules, and is devoted to the purposes therein stated. The rated premises in the occupation of the insti sentatives; but before any person becoming interested by transfer, assignment, bequest, or as personal representative, shall be entitled to exercise any right whatever relating to the institution, the legal instrument (if a transfer in the form subjoined) shall be produced to the superintending committee and registered, &c. "To the President of the Liverpool Library. Having disposed of my share No. in the Liverpool Library to A. B., I hereby authorize and request you to transfer the same to him or her accord ingly. Liverpool, day of 5. The annual subscription shall become due and be payable to the librarian on the 1st day of May in each year, and any proprietor whose subscription remains unpaid on the 1st of June shall neither receive nor have the use of a book out of or within the library until it be paid. If such subscription shall remain unpaid on the 14th of July, the librarian shall on that day send by post to the proprietor notice, that unless such subscription be paid before the 1st of August the following fines will be incurred, viz. if unpaid on the 1st of August, the proprietor shall be subject to a fine of 1s., and also to an additional fine of 1s. for each and every further period of three months during which the subscription shall remain unpaid until the end of two years, when, if the subscription and the fines thereon be still unpaid, the share of the proprietor shall be forfeited to the institution, &c. 21. * *The treasurer for the time being may sell all such shares as become by forfeiture or otherwise the property of the institution for such prices, subject to such regulations as the committee from time to time may direct. And the treasurer in all such cases shall, in behalf of the institution, sign a transfer of the share to the purchaser, which transfer shall entitle the purchaser to all the rights of a proprietor. 28. Every proprietor is entitled, for every share which he or she may possess, to the use of two volumes at the same time or to a volume of one work and the whole of a novel, romance or other work which the superintending committee shall authorize to be circulated entire, although it consist of more than one volume; but every book must be returned to the library by the proprietor to whom it was delivered, and who is held answerable for the same until returned: provided that every proprietor who may be engaged in any literary or scientific investigation, on application to the superintending committee, may, at the discretion of the said committee, and under such restrictions and regulations as they may impose, be permitted to have the use of any greater number of works than aforesaid. 29. Any proprietor may introduce into the library, for the purpose of reading or consulting 1860. LIVERPOOL v. OF LIVERPOOL. tution are exclusively used for the objects stated in the rules, and the funds by which the institution is supported, and which are exclusively so applied, are derived from the undermentioned sources. First, from the purchase money of the MAYOR, &c. shares. Secondly, from the subscriptions of members raised as stated in the rules. Thirdly, from payments received as fines from such members as become subject thereto, and by the sale of such shares as become by forfeiture the property of the institution. Fourthly, from the sale of early editions of such periodical publications as are required to be renewed by later editions, and from the sale at cost price to the subscribers of the catalogues occasionally published. By rule 35, it is declared "that it shall not be lawful to make any dividend, gift, division or bonus in money or otherwise unto or between any of the members of the institution." The selling price of the shares for many years past has been 97. 10s. for the first six months after payment of the annual subscription, and 97. for the last six months of the current year, subscriptions paid up in either case. No newspapers are in fact supplied to or introduced into the establishment. The books and other literary property of the library are circulated solely amongst the shareholders books, strangers who reside fifteen miles or more from Liverpool, the names and residences of such strangers, and the name of the proprietor by whom they are introduced, being entered in a book to be kept for that purpose, but no such stranger shall have the privilege of taking books out of the library. 33. The superintending committee shall have power from time to time, as occasion may arise, to dispose according to their 35. That it shall not be lawful |