swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Rating - From: 1800 To: 1849
This page lists 15 cases, and was prepared on 02 April 2018.
The King v Topham [1810] EngR 379; (1810) 12 East 546; (1810) 104 ER 213 (B)
4 Jul 1810
Rating
Where the appellant disputed before the sessions the quantum of the rate; as well as the rateability of the property for which he was assessed, which was tithe rents and compositions under an Inclosure Act, it is not enough for the parish officers to shew that he was in the receipt of such rents (assuming the property to be rateable), of the probable amount of which, as rated, they gave no evidence.
[ Commonlii ]
Novello v Toogood (1823) 1 B and C 554; [1823] EngR 492; (1823) 1 B & C 554; (1823) 107 ER 204
29 Apr 1823
Constitutional, Rating
The defendant a British born subject was a music master and teacher of Italian, but was also employed in part as a chorister in the chapel of a foreign ambassador. He rented a large house, subletting parts. He resisted distraint on the premises for non-payment of poor rates. Held: The appointment as a servant of the foreign ambassador was not sufficient to to protect him from such distraint, at least so far goods were not associated with hs appointment.
1 Citers
[ Commonlii ]
The King v The Undertakers of The Aire and Calder Navigation [1824] EngR 531; (1824) 2 B & C 713; (1824) 107 ER 548
12 May 1824
Rating
A poor-rate must shew upon the face of it in respect of what property the assessment is made upon each individual charged by the rate.
[ Commonlii ]
The King v The Undertakers of The Aire and Calder Navigation [1829] EngR 231; (1829) 9 B & C 820; (1829) 109 ER 305
1829
Rating
An Act of Parliament of the 9 & 10 W 3 gave to certain undertakers authority to make navigable the river Aire, and for that purpose to cleanse and scour the same, arid dig and cut the banks. By a subsequent Act, reciting that the legal estate and interest in the navigation of the said river and divers messuages, mills, warehouses, buildings, lands, tenements, and hereditaments, was vested in trustees, they were authorised by deed to sell and conveyin fee such messuages, mills, lands, or tenements belonging to the undertakers, or to convey in fee, by way of mortgage, as well the said navigation, as also all or any messuages, mills, lands, tenements, and hereditaments, being the property of the undertakers: Held, that the word "navigation" in that Act imported an incorporeal hereditament ; and that it authorised the trustees to mortgage in fee that incorporeal hereditament ; and the first Act having given the undertakers an incorporeal hereditament only in the bed of the river, they were not rateable to the poor as occupiers or owners of the river Aire.
[ Commonlii ]
The King v Wrottesley, Clerk, And Gordon, Esquire [1830] EngR 885; (1830) 1 B & Ad 648; (1830) 109 ER 928
29 Nov 1830
Rating
By statute 53 G c 127 s7 if any person refuse payment of a church rate duly assessed upon him, and the validity of which has not been questioned in any Ecclesiastical Court, he may be brought before two justices, who may examine upon oath into the merits of the complaint, and order payment, &c. ; but if the validity of the rate be disputed, and notice thereof given to the justices by the disputing party, they shall forbear giving judgment in the case. A mere statement to the justices by the party complained of that he disputes the rate, and that he has entered a caveat in the Ecclesiastical Court against its being allowed, does not deprive the justices of jurisdiction; they must still hear and examine, to ascertain whether the rate is bona fide disputed.
[ Commonlii ]
The King v The Undertakers of The Aire And Calder Navigation [1832] EngR 380; (1832) 3 B & Ad 139; (1832) 110 ER 52
21 Jan 1832
Rating
Persons in whom the navigation of a river is vested, but who have no interest in the soil, are not rateable to the poor for a dam which upholds the water of such river, and renders it navigable.
[ Commonlii ]
The King v The Undertakers of The Aire And Calder Navigation (Case of The Hunslet Mills) [1832] EngR 574; (1832) 3 B & Ad 533; (1832) 110 ER 193
5 May 1832
Rating
The owners of mills in the township of H, in compensation for the loss of water occasioned to them within the township by an adjoining navigation, were allowed, by Act of Parliament, to take certain tolls at a lock situate on the line of navigation, but in a different township : Held, that they were not rateabl e at their mills in H. in respect of the tolls so taken.
[ Commonlii ]
The King v The Company Of Proprietors Of The Liverpool Exchange [1834] EngR 335; (1834) 1 Ad & E 465; (1834) 110 ER 1285
1834
Rating
By a statute, which incorporated a company, the company was empowered to purchase land and erect buildings thereon, in which the proprietors were to be beneficially interested in proportion to their subscriptions, and such interest was to be personalty ; and it was enacted that two or more rooms should be provided and used as public rooms for transacting business relating to trade and commerce, and suitably furnished for the purpose. One of the rooms so provided was supplied with newspapers and other publications, and non-proprietors were admitted upon an annual subscription : Held, that the company was rateable for the revenue (after deducting the expenses of the room) arising from such subscription, though stock in trade, prlofits, and personalty were not rated in the parish, the rate being taken in the parish upon the fair annual value of the property to be let. By the statute, each proprietor was entitled to attend the room without making any payment: and, by the by-laws of the company each proprietor was entitled to a payment from the company of an annual sum upon every share above one held by him ; and every proprietor not attending the room was paid by the company an annual sum: Held, that the company was not rateable for the value of the privilege of such of the proprietors as attended.
[ Commonlii ]
Charles Barrett v The Stockton And Darlington Railway Company [1840] EngR 43; (1840) 2 Man & G 134; (1840) 133 ER 692
1840
Transport, Rating
Where the language of an act of parliament obtained by a company for imposing a rate or toll upon the public is ambiguous, or will admit of different meanings, that construction is to be adopted which is most favourable to the public. Where, therefore, an act of parliament contained a clause authorising a, railway company to demand a rate not exceeding 4d. per mile upon all coals carried along the railway, and a subsequent clause directing that for all coals shipped for exportation a rate not exceeding 1/2d per ton per mile should be charged ; it was held that the second clause was to be read, as an exception engrafted upon the first ; and also that coals shipped for London, were coals shipped for the purpose of exportation. Where an act of parliament directed that a railway company should take a lower rate of tonnage upon goods conveyed by the railway and shipped in the port of A., goods shipped at a place within the legal port of A., but at some distance from the town of A., were (under the circumstances) held to be entitled to the benefit of reduction, though the act had previously spoken of "the port and town of A."
[ Commonlii ]
The Stockton And Darlington Railway Company v Barrett [1842] EngR 300; (1842) 3 Man & G 956; (1842) 133 ER 1425
15 Feb 1842
Rating
[ Commonlii ]
The Queen Against Sir Martin Archer Shee And Others [1843] EngR 136; (1843) 4 QB 2; (1843) 114 ER 798
1843
Rating
[ Commonlii ]
The Stockton And Darlington Railway Company v Barrett [1844] EngR 878; (1844) 7 Man & G 870; (1844) 135 ER 353
4 Sep 1844
Rating
[ Commonlii ]
The Proprietors Of The Stockton And Darlington Railway v Charles Barrett [1844] EngR 884; (1844) 11 Cl & Fin 590; (1844) 8 ER 1225
26 Sep 1844
Rating, Transport
[ Commonlii ]
Case Of Thomas Smith And Two Others [1845] EngR 32 (C); (1843, 1844, 1845) 5 Man & G 81
1845
Rating
[ Commonlii ]
Charles Barrett And Another, On Behalf Of The Durham County Coal Company v The Stockton And Darlington Railway Company [1847] EngR 331; (1847) 1 HLC 18; (1847) 9 ER 656
16 Mar 1847
Rating, Transport
[ Commonlii ]