Buszard and Others, Assignees of Robinson and Jones, Bankrupts, v Capel
| Jurisdiction | England & Wales |
| Judgment Date | 11 May 1827 |
| Date | 11 May 1827 |
| Court | Court of Common Pleas |
English Reports Citation: 130 E.R. 720
IN THE COURT OF COMMON PLEAS, AND OTHER COURTS
S. C. 8 B. & C. 141; 108 E. R. 996 (with note); 6 Bing 150.
buszard and others, Assignees of Robinson and Jones, Bankrupts, v. capbl. May 11, 1827. [S. C. 8 B. & C. 141; 108 E. R. 996 (with note); 6 Bing. 150.] A barge, attached by a rope to a wharf, may be distrained for rent arrear in respect of the wharf and premises attached to it. Trover for two barges, called "Spring" and "Autumn." At the trial before Best, C. J., London sittings after Michaelmas last, it appeared that the barges had been distrained by the Defendant for rent arrear; that the premises in respect of which the rent became due, were described in the lease as certain warehouses abutting north on the river Thames, and west on a wharf for landing goods; that they had been demised to the lessees, with free liberty for them during the demise to land goods, wares, &c. with the rest of the tenants of the lessor at the said wharf. It further appeared, that the boundary wall next the Thames was supported or enclosed by certain pile^, about ten feet asunder, on which the warehouses (used by the lessees as granaries) were partly erected; that the barges in question were, at the time of the distress, floating on the Thames under the wharf or jetty, which, projecting from the granaries, was constructed of [138] wood, and likewise supported by piles. The barges were attached by a rope to one of the piles that supported or inclosed the 4 BIHG. 189. BTJSZARD . CAPEL 721 boundary wall on which the granaries partly stood. These piles had iron hawsers from top to bottom for the purpose of attaching vessels that frequented the wharf, and were used by any that arrived. It was objected on the part of the Plaintiffs, that the barge was not on the premises demised, but on a public highway, and therefore could not be lawfully distrained. The Plaintiffs were nonsuited, with leave to move to set the nonsuit aside. Spankie Serjt. having on these grounds obtained a rule nisi to that effect, Wilde Serjt. shewed cause. Even if the barge were on the highway, that circumstance would; be no answer to the avowry. Supposing the highway to be part of or incidental to the premises demised, as where there is a highway over a down, 2 Inst. 132, the remedy for such a distress, if improper, would be by a special writ of trespass; Fitz. N. B. 90. Admitting the barge to...
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