Henry Crease against Sir Joseph S. G. Sawle, Bart., and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1842 |
| Date | 01 January 1842 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 334
THE QUEEN'S BENCH.
[862] in the exchequer chamber. (error from the queen's bench.) henry crease against sir joseph S. G. sawle, bart., and others. 1842. The Duke of Cornwall, being entitled, as lord of a manor, to a certain quantity of the tin ore raised by the bound owners within the manor, which was rendered by (a) In a commentary on the Code Civil, in "Codes Frangais Expliques," &c., by J. A. Rogron, Paris, 1836, the words of the Code, " L'obligation sans cause, ou sur un fausse cause, ou sur un cause illicite, tie peut avoir aucun effet" (ante, p. 857), are discussed ; and the note upon " sans cause " is as follows. "La cause est ce qui determine I'engagement que prend une partie dans un ooiitrat; il ne faut pas la coufondre avec la cause implicite du contrat, autrement le motif qui porte a contracter. La cause de I'engagement d'une partie est le fait ou la promesse de 1'autre partie ; elle peut aussi consister dans une pure liberalite de la part de Tune des parties ; ainsi, lorsque je m'oblige a payer mille francs a Paul, pour tels services que son pere m'a rendus, la cause determinante du contrat, ce sont les services qui m'ont ete" rendus; le motif qui m'a porte & contracter, c'est le de'sir de m'acquitter envers lui des services de son pere ; si celui-ci ne m'a jamais rendu les services dont il a ete parle dans 1'acte, le contrat est sans cause. Je m'oblige a donner mille franc & Paul pour qn'il suive une affaire pendante devant le tribunal de la Seine : la cause determinante est la promesse de Paul qu'il suivra mon affaire; si elle est jugee irre-vocableraent au moment ou nous avons stipule, le contrat est sans cause. Autre exemple: je vous vends ma maison ; la cause de la vente est, d'un cote, la maison elle-m&'me, de 1'autre, le prix. Enfin je donne, dans la forme des dispositions entre vifs, ma maison & Paul, qui 1'accepte: ma liberalite' est ici la seule cause du contrat." P. 209. 2 Q. B. 863. CREASE V. SAWLE 335 them to him in an unmanufactured state, demised this toll. Held that the lessee, though not an inhabitant of the parish in which the tin was raised, was rateable to the poor rate there as occupier of the tin toll, under stat. 43 Eliz. c. 2, s. 1. The rate being made upon him as occupier of the toll, the Court refused to enquire, in an action of trespass for levying the rate by distress, whether a part of the rate was, or was not, for tin toll not in the plaintiff's occupation, aome tin toll appearing to be in his occupation, and the amount being only matter of appeal. [S. C. 2 G. & D. 812. Explained, Morgan v. Crawshay, 1871, L. R. 5 H. L. 314. Approved, Coomber v. Berks JJ., 1883, 9 App. Cas. 75. Followed, Manchester Overseers v. Readlam, 1888, 21 Q. B. D. 96. Adopted, Westminster Corporation v, Anny and Navy Auxiliary Co-operative Supply, Limited, [1902] 2 K. B. 131.] Trespass for breaking and entering plaintiff's dwelling house at Penryn, in Cornwall, and taking and converting his goods and chattels. Pleas. 1. Not guilty. Issue thereon. 2. That, before and at the time of making the rate and assessment hereinafter mentioned, nd from thence until and at the said time when, &c., " plaintiff was by law rateable to the relief of the poor of the parish of St. Austell," in Cornwall, in respect of his occupation of certain land within, and parcel of, the said parish ; that, before the said time when, &c., to wit 26th February 1838, "in and by a certain rate or assessment, then made, assessed, allowed, and published according to the statutes in that ease," &c., "plaintiff, so being an occupier of land in the said parish," "was duly rated and assessed for and in respect of his occupation of the said land as afore said, for and towards the necessary relief of the poor within the said parish, in and for the then present year, in the sum of 1081. 9s." The plea then averred a demand of the rate, and refusal; a summons before two justices ; a refusal, &c. before the justices ; [863] and a warrant under the hands and seals of such justices, directed to the churchwardens, overseers, and constables of St. Austell, to distrain for 1081. 9s., and sell, && ; and that defendants were the churchwardens and overseers: and the plea justified under the warrant. Replication, admitting the summons and warrant, and that defendants were churchwardens and overseers, de injuria absque residuo causse. Issue thereon. 3. That the trespasses were done by defendants in taking a distress of the goods and chattels by authority of a certain Act, &c. (43 Eliz. c. 2), and according to the S irport, tenor, and effect of the same Act: verification. Replication : de injuria. sue thereon. On the trial, at the Cornwall Summer Assizes, 1839, a verdict was found for the plaintiff on the first issue; and, as to the other issues, a special verdict was taken, which, go far as is material to the points decided, was as follows. Defendants being overseers of St. Austell, two poor rates were duly made, &c., on 17th January and 7th April 1838, for that parish; and plaintiff was rated at 1081. 9s. in the former, and 401. in the latter: and he was described in each as both occupier and owner "of tolls of tin "(a). The sums were demanded of plain-[864J-tiff, who () Extracts from the rates were set out in the ease, and were as follows: the first being from the rate made 17th January, 1838; the second from the rate made 7th April, 1838. Number ol aess-meat. Name of occupier. N"ame ol owner. De-cription of property, U'heiher land or houses, c., and situa- Rental or annual value of property. Amount at which tile property is Amount of pool-rates Uj be collected in the ol property. pound. 832 Henry Henry Tolls of 14461. 14461. Is. 6(1. Crease. Crease. Tin. 1006 Henry Henry Tolls of 16001. 16001. 6d. Crease. Crease. Tin. 401. Arrear due, or if excused. Total amount ti be cul-lected. Amount actually to lie collected. Preaent a i' rear. - 1081. 9s. - 1081. 9s. 1081. 9s. 1481. 9n. - - 336 CREASE V. SAWLE Z Q. B. 88S. refused to pay : and defendants proceeded duly, under the statute, and obtained two warrants of distress against defendant's goods, and, in executing them, entered, &c., and took, &c., as in the declaration. The verdict then set out a lease by George IV., when Prince of Wales, dated 1st August 1815, to Edward Smith, demising for ninety-nine years, determinable on lives, "AH the toll and farm of tin, or tin toll, which should be gained, arise, or become due, in any place within the several lordships, manors, precincts or territories belonging to, or being part or parcel of, the Duchy of Cornwall, in the county of Cornwall, and all profits, commodities, advantages, and emoluments, to the said toll and farm of tin, or tin toll, within the several lordships, &c., belonging, happening, and arising; and also all the tin mines found, or to be found, within the several enclosed lands of the said several lordships, &c.; and also all that toll and farm of tin, or tin toll, which should be gained, arise, or become due, in any place within all and every the manors, boroughs, tenements, and premises, in the said indenture thereinafter particularly mentioned", " and, among other manors and places, within the manor of Tewington, with its members and appurtenances; with a covenant by Smith, his executors, administrators, and assigns, that he would, by himself or his deputy or deputies, or workmen, enter into and upon the demised premises, and within the same dig and search for tin, and the same tin, so to be found, at his, their, or any of their free will, take and carry away, and likewise make, do, and perform all things necessary to digging and searching for, and carrying away of, tin and filling up the tin [865] pits and shafts, according to the custom of tin works in the said county of Cornwall. "The said Edward Smith entered and became possessed of the premises, &c., granted by that lease, which is still existing. And all the interest therein (except so far as the same is affected by the indenture of the 17th September 1835, hereinafter mentioned), before and at the time of the making the said rates respectively, was and still is vested in the plaintiff. " Within the parish of St. Austell are situate two of the manors mentioned in that lease, viz. the manor of Treverbyn Courtnuy, parcel of the annexed possessions of the said duchy, and the manor of Tewington, late parcel of the ancient possessions of the duchy. "At the time of the making of the said rates respectively, and from thence to the present time, the yearly value which the plaintiff derived in the parish of St. Austell, under the said lease, was 15161. The toll of tin payable to the plaintiff, under the said lease, is one tenth part of all tin ore raised within tin bounds in the manor of Tewington, and one fifteenth part of all tin ore raised within tin bounds in the manor of Treyerbyn Courtnay. These tolls are payable, by the custom of the Stannaries, by the workers for tin within tin bounds, without deduction or any charge or risk to the receiver. The custom of the Stannaries as to tin bounds is aa follows. ' Any tinner may bound any wastrel land within the county of Cornwall, thaf is unbounded or void of lawful bounds, and also any several and enclosed land that hath been anciently bounded and assured for wastrel by delivering of toll tin to the lord of the soil before that the hedges were made upon it, [866] and...
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