Kempe v Spence and Others
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1779 |
| Date | 01 January 1779 |
| Court | Court of the King's Bench |
English Reports Citation: 96 E.R. 733
COURTS OF WESTMINSTER-HALL
hilary term,-19 geo. III. 1779.-C. P. kempe v. spence and others. On enclosure of a waste in the parish of A., on which the land owners of B. had a right of common appurtenant, the allotments given in lieu of that right shall be assessed to the poor in the parish of A. Trespass for taking a distress for a poor's rate, in the parish of Ringmer, Sussex, wherein the plaintiff was charged as occupier of certain lands in that parish, formerly part of a common called the Broyle Park, which had been allotted to the plaintiff by a private Act of Parliament for enclosing the common, in lieu of his right of common there appurtenant to his estate in South Mailing. On the trial at last Horsham Assizes, before Baron Eyre, it was proved, that the new allotted lands lay in the parish of Ringmer, which had been made a question; and upon the merits, the Judge being of opinion against the plaintiff, he was nonsuited, with liberty to move for a new trial without costs; which was accordingly done last term: when the Court, upon opening the matter, and finding it to be a ques-[1245]-tion of pretty extensive consequence to the two parishes, directed it to be set down in the paper of special arguments for this term. It appeared by the Act of Parliament (a), which passed A.D. 1767, that the Duke of Dorset, being owner of the soil of Broyle Park, consisting of 2020 acres, in Ringmer, and several other persons, (among whom was the plaintiff), being entitled to right of common therein, as appurtenant to their lands in South Mailing, an enclosure waa directed, whereby a certain specific share was given to the Duke of Dorset, and commissioners were appointed to divide the residue in rateable allotments to the several commoners, which had been accordingly done; and the Act declared, that thenceforth all right of common should be extinguished, and the allotments should be held and enjoyed by the several owners, " in the same manner, and by the same tenure," as the respective lands, tenements, and hereditaments in right of and for which the said allotments should be so assigned were then holden. The question therefore was, whether these lands so allotted, were to be assessed to the poor's rate in the parish of Ringmer. Hill, for the plaintiff, argued, that they were not rateable, because, 1st, before the Act, the commoners were taxable only in the parish, where their lands lay, for this right of common, jointly with the estate to which it was appurtenant; 2d, the Act has made no difference in this respect. 1st, common appurtenant always passes with the principal estate. Co. Lit. 121 b.; Plowd. 381. In Ellis and Fermor (b) in Scacch., Hil. 1772, which was a suit for tithes by the vicar of Stoke Lyne, in Oxfordshire, against the defendant, who had an estate in Tusmore, in right of which he enjoyed 734 HILARY TERM, 19 GKO. III. C. P. 2 BLACK. W. 1248. 480 sheep-gates on a common called Bayard's Green, lying in the parish of Stoke Lyne, the defendant alleged, that he paid tithes in Tusmore for the estate and all its incidents. And it was held...
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Decision Nº RA 480 1993. Upper Tribunal (Lands Chamber), 22-02-2000
...v Lanham (VO) [1978] RA 1 R v St Luke’s Hospital (1760) 2 Burr 1053; 97 ER 703 R v Gardner (1774) 1 Cowp 79; 98 ER 977 Kempe v Spence (1779) 2 Black W 1244; 96 ER 733 R v Mast (1795) 6 TR 154; 101 ER 485 R v Liverpool Exchange (1834) 1 Ad & E 465; 110 ER 1285 R v Everist (1847) 10 QB 178; 1......