Edmund Singer Burton, Appellant, Herbert Langham, Respondent
| Jurisdiction | England & Wales |
| Judgment Date | 12 May 1848 |
| Date | 12 May 1848 |
| Court | Court of Common Pleas |
English Reports Citation: 136 E.R. 809
IN THE COURT OF COMMON PLEAS
S. C. 2 Lutw. Reg. Cas. 78; 17 L. J. C. P. 253; 12 Jur. 631.
5 C. B. 92. BURTON V. LANG-HAM 809 [92] easter term. county of northampton-southern division. edmund singer burton, Appellant, herbert langham, Respondent. May 12, 1848. [S. C. 2 Lutw. Eeg. Gas. 78; 17 L. J. C. P. 253; 12 Jur. 631.] Held, that the committee of a lunatic's estate, who has taken into his own occupation part of the land, charging himself,-in the account rendered by him to the court of Chancery, and allowed by the master,-with a yearly sum as "rent," does not thereby become an occupying tenant within the 2 W. 4, c. 45, s. 20. Herbert Langham is committee of the estate of his brother, Sir James Hay Langham, Bart., and holds lands in Cottesbrooke, in the county of Northampton, as occupier, to the value of 3931. per annum. The said Herbert Langham proved that his accounts were from time to time transmitted for examination and approval, to the court of Chancery ; and a statement was produced by him, intituled-"The ninth account of Herbert Langham, as committee of the estate of Sir J. H. Langham, Bart."-bearing the signature of Edward Winslow, one of the commissioners of lunacy, and the seal of the Court; in which account the name of Herbert Langham appeared as tenant, in the tenant's column, at the rent of 3931. per annum. The said Herbert Langham stated (a)1, that, after the passing of the accounts, he retained a balance of about 15001.,-out of. which, after paying a jointure on the estate, he defrayed the expenses of repairs and improvements on the property. He further stated that he was appointed committee on the 21st of June, 1837; [93] that he took possession of the lands about Lady-day, 1843, succeeding to an occupying tenant; and that he has continued to hold them up to the present time. He also stated that he occupies Cottesbrooke House, and the adjoining fields. Part of the furniture in the house is his own. Mr. Wood, steward of Cottesbrooke estate, stated on oath, that he was examined by the master with the accounts, and that, in such examination, the specific lands for which Herbert Langham claimed to vote, were inquired into, with a view to their condition and value. Burton objected that Herbert Langham, as such committee, was improperly on the register as tenant, under the 20th section of the 2 W. 4, c. 45. The revising barrister found that Herbert Langham held as occupying tenant, and retained his name on the list of voters. The declaration of appeal at the end of the case, was as follows:- " I appeal against the above decision, " chr. markham, on behalf of "edmund singer burton." When this case was called on, on the llth of November last, Humfrey, for the appellant, insisted that Mr. H. Langham, having merely the custody of the estate by grant from the crown, could not be treated as an occupying tenant of any lands or tenements for which he was " bona fide liable to a yearly rent of not less than 501.," within the 2 W;.4, c. 45, s. 20 (a)2; whatever [94] might be his liability to account to the court of Chancery in respect of the value of the land retained in his own hands. (a)1 This case appears to be objectionable in point of form, tin the ground pointed out ante, p. 8, n. (a).' It also omits to shew, as it ought to have done (6 & 7 Yict. c. 18, s. 7), that Burton, the objector, was on the register of voters for the county, and thus entitled to object. (a)2 Which enacts " that every male person of full age, and not subject to any legal incapacity, who shall be entitled, either as lessee or assignee, to any lands or tenements, whether of freehold or of any other tenure whatever, for the unexpired residue, whatever it may be, of any term originally created for a period of not less than sixty years (whether determinable on a life or lives, or not), of the clear yearly value of not less than 101., over and above all rents and charges payable out of or in respect of the C. P. xiv.-26* 810 BURTON V. LANGHAM 5 C. B. 95. Manning, Serjt., appeared for the respondent. But, Per curiam. The committee of a lunatic is in the nature of a bailiff (a). There is no distinct statement of facts shewing an occupation by Mr. H. Langham as tenant; no contract of letting; but merely that he charges himself in his account as committee with 3931. for the value of lands in his occupation up to Lady Day, 1847. The mere retention of the land in this way cannot give him a qualification. The case must be remitted to the revising barrister to be more fully stated-first, by setting out an extract from the register, shewing the form of the statement of the qualification of the respondent-secondly, by setting out a copy of the [95] grant to the respondent as committee-thirdly, by setting out a copy of the account of the respondent as committee, referred to in the case-fourthly, by making a fuller statement of the circumstances under which the respondent took possession of the land-and, fifthly, by stating whether the respondent retained the produce of the land to his own use, or accounted for it to the estate of the lunatic. The case having accordingly been remitted to the revising barrister, he returned it with the following additions :- " 1. The description of the respondent's qualification was as follows :- "northampton polling disteigt. , " Cottesbrooke. No. Christian Name and Surname of Voter. Place of Abode. Nature of Qualification. Street, &c., where Property situate, &c. 2568. Langham, Herbert. Cottesbrooke. Land and House, as Occupier. Cottesbrooke. " 2. The following is a copy of the grant to the respondent as committee :- " Victoria, &c.: Whereas, by a certain inquisition taken at the house of Sir James Hay Langham, Bart., situate at Glyndbourne, near Lewes, in the county of Sussex, the 15th day of December, in" the 7th year of the reign of our late royal uncle, William the Fourth, by virtue of his commission, in the nature of a writ de lunatico inquirendo, in that behalf duly made and issued, to inquire (amongst other things) of the lunacy of Sir James Hay Langham, of, &c., it is found (amongst other things), that the said Sir J. H. Langham, at the time of [96] taking this inquisition, is a lunatic, and does not enjoy lucid intervals, so that he is not sufficient for the government of himself and his estate; as by the same inquisition (amongst other things), remaining on record, may more fully appear; for the tuition of whom, and for the management of his estate, it belongs to us to provide: And whereas sufficient security is given to us on the behalf of the said Sir J. H. Langham, by Herbert Langham, of Cottesbrooke Hall...
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