SUBJECTS OF CASES. Pension Calculation of-" Annual pay "-Free residence and fuel-Right to include for purpose of pension-Right of appeal from quarter sessions-Police Act 1890 (53 & 54 Vict. c. 45), s. 11, sched. 1, rr. 1, 11 Pension-Mode of calculation-" Annual pay -Special duty allowance-Police Act 1890 Drain-Sewer-Pair of semi-detached houses- Drain used for draining both houses-Drain for drainage of "one building only"- Liability of owner to keep drain in repair— Public Health Act 1875 (38 & 39 Vict. c. 55), Nuisance Abatement-Collector of rents of Liability of collector for structural defects- Public Health Act 1875 (38 & 39 Vict. c. 55), Nuisance-Overcrowding-Order to inspect— Evidence as to reasonable grounds-Form of order-"House"-School without boarders- Public Health Act 1875 (38 & 39 Vict. c. 55), Sewers-Erection of pumping station-Appa- ratus for disposing of sewage-Necessity of purchasing land-Public Health Act 1875 (38 Unsound meat-Exposure of for sale-Aiding and abetting exposure Negligence Sufficiency for conviction-Summary Juris- diction Act 1848 (11 & 12 Vict. c. 43), s. 5— Distress warrant-Objection before justices on application for Jurisdiction to rate-Appeal 435 Liability to rates Exemption Statutory exemption from taxes and assessments"-Rates imposed by subsequent Statute-New imposition-7 Geo. 3, c. 37, s. 51-11 & 12 Vict. c. clxiii., ss. 168, General district rate-Shop closed during winter months Stocks removed Fixtures and articles left in shop-Occupation-Liability to rate-Public Health Act 1875 (38 & 39 Vict. Machinery Cranes in docks-Warehouses in parishes in same union-Deductions Metropolis - Distress warrant Increase of assessment in valuation list-Omission to give notice of alteration in assessment-Applica- tion for distress warrant-Right to raise objection of omission to give notice-Valua- Metropolis Valuation list Person wrongly inserted in list as occupier-Appeal against list Name ordered to be struck out-Rates Valuation (Metropolis) Act 1869 (32 & 33 Vict. Metropolis-Woolwich-Partial exemption of land covered with water-Continuation exemption under London Government Act 1899 Land covered with water not separately assessed in valuation list-Appeal to quarter sessions against rate-Right to appeal without objecting before assessment committee valuation list-London Government Act 1899 (62 & 63 Vict. c. 14), ss. 10, 19-Poor Relief Act 1743 (17 Geo. 2, c. 38), s. 4 Occupation General district rate-Exemption on ground of non-occupation-House used in 489 REGISTRATION OF VOTERS. Borough a county of itself Freeholders entitled to vote-Borough added to another borough not a county of itself—Right of freeholders to vote in new borough-Representation of the People Act 1832 (2 & 3 Will. 4, c. 45), ss. 8, 31, 33, and sched. E-Redistribution of Seats Act 1885 (48 & 49 Vict. c. 23), ss. 2, 7, 11, 17, and scheds. 1, 5 Claimant's wife a pauper lunatic-Parochial relief-" Medical and surgical assistance "Medical Relief Disqualification Removal Act 1885 (48 & 49 Vict. c. 46), s. 4 283 30 Management Act 1855 (18 & 19 Vict. c. 120), S. 161 SHIPPING. Foreign ship in British port-Desertion of foreign seaman-Inducing such desertionMerchant Shipping Act 1894 (57 & 58 Vict. c. 60), s. 236 (1) SHOP HOURS ACTS. 'Shop"-Stall for sale of newspapers-Temporary structure Necessity of exhibiting notice on stall-Shop Hours Act 1892 (55 & 56 Vict. c. 62), s. 4 SLAUGHTER OF ANIMAL. (See Animal.) SMOKE. PAGE 1 256 332 Locomotive emitting black smoke-Railway Clauses Consolidation Act 1845 (8 Vict. c. 20), s. 114 Regulation of Railways Act 1868 (31 & 32 Vict. c. 119), s. 19 234 (See Metropolis.) STOLEN GOODS. 30 Public meetings-Threatened breach of the peace-Conduct of holder of meeting-Binding over-Jurisdiction of justices 383 SUBJECTS OF CASES. Failure to vaccinate-Power of vaccination officer to prosecute without the authority and against the order of guardians - Power of justices to convict without proof that notice was sent to and public vaccinator visited the child's home-Vaccination Acts 1867 to 1898 (30 & 31 Vict. c. 84; 34 & 35 Vict. c. 98; 37 & 38 Vict. c. 75; 61 & 62 Vict. c. 49)General Order of Local Government Board, 18th Oct. 1898, arts. 26, 27 Neglect to have vaccinated Limitation of proceedings-Vaccination Act 1867 (30 & 31 Vict. c. 84), s. 29-Vaccination Act 1871 (34 & 35 Vict. c. 98), s. 11-Vaccination Act 1898 (61 & 62 Vict. c. 49), s. 1 (1)-Vaccination Order 1898, sched. 4, par. 6 (d) Proceedings under sect. 29-No further notice -Proceedings under sect. 31 Application to child between six and eighteen months old -Vaccination Act 1867 (30 & 31 Vict. c. 84), ss. 29, 31-Vaccination Act 1898 (61 & 62 Vict. c. 49), s. 1 (3) PAGE Interference with flow of Rights of riparian owners--Action against public authority-Dismissal of action -Costs-Public Authorities Protection Act 1893 (56 & 57 Vict. c. 61), s. 1 495 14 330 647 of PAGE Supply-Boarding-house keeper-Business -Supply to boarding house for domestic uses of boarders-Supply for "domestic purposes --Great Yarmouth Waterworks Act 1853 (16 & 17 Vict. c. xvii.), ss. 30, 32-Waterworks Clauses Act 1847 (10 & 11 Vict. c. 17), s. 43 ... 376 Supply Domestic purposes-Trade or business purposes-School swimming baths-Waterworks Clauses Act 1863 (26 & 27 Vict. c. 93), s. 12 Supply for certain purposes-Use for other purposes-Agreement between water company and district council Waterworks Clauses Act 1863 (26 & 27 Vict. c. 93), s. 18... 140 (See Local Government.) WEIGHTS AND MEASURES. Fees for verification and stamping-Power of county council to remit Weights and Measures Act 1878 (41 & 42 Vict. c. 49), s. 47— Weights and Measures Act 1889 (52 & 53 Vict. c. 21), s. 13 WILD BIRDS. 322 187 Exposing for sale "Recently taken "-Wild WORKSHOP. (See Factory.) Supreme Court of Judicature. COURT OF APPEAL. Monday, July 16, 1900. (Before SMITH, WILLIAMS, and ROMER, L.JJ.) VESTRY OF ST. MARYLEBONE v. SHERIFF OF LONDON. (a) APPEAL FROM THE QUEEN'S BENCH DIVISION. Sheriff-Seizure of goods of person liable to pay rates-Goods "taken in execution"-Privilege of overseers Duty of sheriff to pay rate collector-35 Geo. 3, c. 73, s. 195-Metropolis Management Act 1855 (18 & 19 Vict. c. 120), s. 161. By a local Act affecting the parish of St. Marylebone it was provided that when the goods of any person liable to pay any rate by virtue of that Act should be "taken in execution" by the sheriff before such rate should have been paid, then the sheriff, upon demand made by the rate collector, was "directed and required in the first place to pay to such collector" such rate which shall not then have been paid. By sect. 161 of the Metropolis Management Act 1855 the overseers of every parish are to collect the rates mentioned in the section, and for the purpose of levying such rates, shall proceed in the same manner, and have the same powers, remedies, and privileges as for levying poor rate. The goods of a judgment debtor, who was liable to pay to the vestry of St. Marylebone a poor rate made by them under their local Act, and also other rates made by them under the Metropolis Management Act 1955, were seized by the sheriff under a writ of fi. fa. The rate collector demanded (a) Reported by E. MANLEY SMITH, Esq., Barrister-at-Law. MAG. CAS.-VOL. XX. [CT. OF APP. payment from the sheriff of all the rates due. The judgment debtor subsequently paid to the sheriff the amount due in respect of the judgment debt, and the sheriff thereupon withdrew from possession of the goods, paying the judgment debtor his claim, but not paying to the rate collector the amount of the rates due to the vestry. In an action by the vestry against the sheriff to recover the amount of the rates for which the judgment debtor had been liable: Held, that the goods had been "taken in execution" within the meaning of the local Act, and that the privileges given to the overseers by sect. 161 of the Metropolis Management Act 1855 included the privilege given by the local Act with regard to a rate made under that Act. Held, therefore (affirming the decision of Bigham, J.), that the sheriff was liable to the vestry for the amount of all the rates which the rate collector had demanded of him. THIS was an appeal by the defendant from the judgment of Bigham, J. at the trial of the action without a jury. The action was brought to recover a sum of 181. 198. 3d. which sum the plaintiffs alleged was payable to them by the defendant under sect. 195 of the 35 Geo. 3, c. 73, under the following circumstances: On the 17th Nov. 1898 the defendant seized under a writ of fieri ficias the goods of one T. M. Bush, at 50, Crawford-street, in the parish of St. Marylebone. On the 24th Nov. the plaintiffs' rate collector served on the defendant a written demand for the payment of 181. 19s. 3d., which was the amount due to the plaintiffs from Bush in respect of eleven months' rates. This amount was less than the value of the goods seized. The rates in respect of which Bush was liable to the plaintiffs were a poor rate made under a B CT. OF APP.] VESTRY OF ST. MARYLEBONE v. Sheriff of London. local Act of 35 Geo. 3, 73, and other rates made under the Metropolis Management Act 1855. On the 25th Nov., the defendant being still in possession of the goods, Bush paid to him the amount of the judgment debt, which was more than the amount demanded by the rate collector from the defendant in respect of Bush's liability for rates. On the same day the defendant handed over to the judgment creditor the amount of the judg. ment debt and then withdrew from possession of the goods without having satisfied the demand made by the rate collector. At the trial of the action without a jury, Bigham, J. gave judgment for the plaintiffs. The defendant appealed. By 35 Geo. 3, c. 73, which is entitled "An Act for repealing several Acts. and for paving, repairing, cleansing, and lighting the parish of St. Marylebone in the county of Middlesex and for the better relief and maintenance of the poor thereof and for divers other purposes "it is provided as follows: Sect. 195. When and as often as the goods, chattels, and effects of any person or persons liable to pay any rate or assessment by virtue of this Act shall be taken in execution, within the limits aforesaid, by any sheriff or other officer, before such rate or rates, assessment or assessments, shall have been paid, then the said sheriff or other officer, upon demand made by the collector or collectors for the time being to the said vestrymen shall, and he is hereby directed and required, in the first place, to pay to such collector or collectors such rate or rates, assessment or assessments, so made as aforesaid, and which shall not have been paid by such person or persons, and all arrears due thereon; provided always that nothing herein contained shall extend, or be construed to extend, so as to charge such sheriff or other officer with the payment of more than one year's rate or of a larger sum of money than the value of the goods, chattels, and effects so taken in execution. By the Metropolis Management Act 1855 (18 & 19 Vict. c. 120) it is provided as follows: Sect. 161. The overseers of the poor of every parish to whom any such order as aforesaid is issued shall levy the amount mentioned therein, and shall for that purpose make separate equal pound rates upon their parish, or the part thereof upon which any sum specified in such order is required to be levied, in respect of each sum thereby ordered to be levied; that is to say a lighting rate, and а sewers rate, general rate , and the said overseers shall, for the purpose of levying such rates, proceed in the same manner, and have the same powers, remedies, and privileges, as for levying money for the relief of the poor. A. T. Lawrence, Q.C. and P. Rose-Innes for the defendant. The debtor's goods were not "taken in execution" within the meaning of those words in sect. 195 of the local Act. "Taken" does not mean "taken into the possession of the sheriff"; it means taken away from the place where they were seized and sold." The expression "taken in execution is exactly equivalent to the expression "taken by virtue of an execution which occurs in the Act 8 Anne, c. 14, s. 1. The words used in that Act imply the removal and sale of the goods: Riseley v. Ryle, 11 M. & W. 16; Re McCarthy, 7 L. Rep. Ir. 473. Secondly, it was not "by virtue of" the local Act of 1795, that the judgment debtor was liable to pay the amount of the rates demanded by the late collector from the sheriff, and therefore the plaintiffs cannot rely upon the privilege granted by sect. 195 of that Act. That Act has been superseded by the Metropolis Management Act 1855, and it is under the latter Act that the rates were payable: Reg. on the Prosecution of Paddington Vestry v. The Act of 1855 does not incorporate sect. 195 of the local Act. Sect. 161 of the Act of 1855 does not say that the overseers are to have the same powers as the collector of the vestry had under the local Act. English Harrison, Q.C. (Manisty with him) for the plaintiffs.-There is no reason why the words, "taken in execution" should in this Act of 1795 be construed in any other than their ordinary meaning-i.e., "seized in execution." The Act of 8 Anne, c. 14, s. 1, had reference to the payment of rent " before the removal of the goods" and that explains the interpretation given to the expression "by virtue of an execution" in that Act. Secondly, though part of the sum due from the judgment debtor to the plaintiffs was in respect of rates made under the Act of 1855, yet the greater part was due in respect of a poor rate made under the local Act, and sect. 161 of the Act of 1855 gives the overseers the same privileges in respect of the rates there named as they have for levying poor rate. By sect. 250 of the Act overseers of the poor is to include collectors of poor rate. By sect. 8 all the powers held by the old vestries were transferred to the new vestries. A. T. Lawrence, Q.C. in reply. SMITH, L.J.-Two questions have been raised upon this appeal, one of which is a matter of considerable complication, though the other one is plain enough. I will take the simple one first. The sole question there raised is as to the meaning of the words " goods taken in execution" in sect. 195 of the Act of 35 Geo. 3, c. 73. The sheriff in this case seized certain goods under a writ of fieri facias. Bigham, J. held that those goods were "taken in execution" within the meaning of those words in sect. 195. I think that in so holding the learned judge was perfectly right. The other question raised in this case is more difficult to decide. The sheriff seized the goods under the fieri facias on the 17th Nov. On the 24th Nov., while he was still in possession of the goods, a written notice was served on him by the collector to the vestry of Marylebone, to the effect that the judgment debtor owed the vestry 181. 198. 3d. for eleven months' rates, and the collector demanded payment of that sum by the sheriff. The next day, the 25th Nov., the judgment debtor paid the sheriff enough money to satisfy the judgment, and the sheriff accordingly paid over to the judgment creditor, the amount due to him, and withdrew from possession of the goods without having paid to the rate collector the 181. 19s. 3d. which had been demanded. Under these circumstances the vestry are now suing the sheriff on the ground that under sect. 195 of 35 Geo. 3, c. 73, he ought to have paid them the amount of rates due from the judgment debtor before he handed over to the judgment creditor |