Purchas and The Cambridge Philosophical Society against The Churchwardens and Overseers of the Parish of the Holy Sepulchre
| Jurisdiction | England & Wales |
| Judgment Date | 08 November 1854 |
| Date | 08 November 1854 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 60
IN THE COURT OF QUEEN'S BENCH AND THE EXCHEQUER CHAMBER
PURCHAS AND THE CAMBRIDGE PHILOSOPHICAL SOCIETY against THE CHURCHWARDENS and overseers of thk parish of the holy sepulchre. Wednesday, November 8th, 1854. In order to entitle a society to exemption from rates by virtue of stat. 6 & 7 Viet. c. 36, s. 1, as being "instituted for purposes of science, literature, or the fine arts exclusively," the purposes to which the society is applied at the time when the rate is made must be such as described in the statute : it is not enough that its original purposes should have been such. -The Cambridge Philosophical Society was incorporated by Royal charter for the purpose, as appeared by the recital in the charter, of promoting philosophy and natural history. The Society occupied premises, partly for a museum, partly for the residence of the curator, partly for the meetings of the Society and its 4 EL. * BL OT. PURCHAS V. CHURCHWARDENS OF THE HOLY SEPULCHRE 61 council, and partly for a reading room : the library was contained, partly in the eouneili room, and partly in the reading room ; about eight ninths consisted of scientific works: in the reading room were periodicals, scientific or other; and daily, weekly and monthly newspapers. The fellows subscribed one guinea per annum, or paid a composition : besides this, resident fellows were necessarily members of the reading room, and subscribed to it 11. 6s. per annum: nonresident fellows had the use of the reading room, when visiting Cambridge, without payment. Meetings of the Society were held, from nine to twelve times in the year, for scientific communications and discussions: the Society published transactions from time to time: the reading room was open every week day from 8 A.M. to 11 p.m. The funds were principally made up by the subscriptions. The expenditure amounted to 3651. Is. lid. of which the largest item, except) the curators salary &c., was 751. 14s. 7d. for newspapers.-Held: that the Society was not exclusively, or even principally, for purposes of science, and was rateable! in respect of every part of the premises which it occupied. [S. C. 24 L. J. M. C. 9; 1 Jur. N. S. 304.] Notice having been given of appeal against a rate for the poor of the Parish of The Holy Sepulchre [167] in the Borough of Cambridge, a case was stated, by consent and by the order of Coleridge J., under stat. 12 & 13 Viet. c. 45, s. 11, which was substantially as follows. The Cambridge Philosophical Society was originally established in 1819, for the promotion of Philosophy and Natural History. By charter of 3 W. 4, dated 6th August 1832, the Society was incorporated by the name and style of The Cambridge Philosophical Society ; which charter was afterwards, on 6th November 1832, accepted by the Society. A copy accompanied the case. The chartec recited that Adam Sedgwick, clerk, master of arts, fellow of Trinity College, and Woodwardian Professor, in the University of Cambridge, "has by his petition humbly represented unto Us that he, together with others of our loyal subjects, graduates of the said University, did, in the year 1819, form themselves into a society for the promotion of philosophy and natural history, and have subscribed and collected considerable sums of money for such purposes, and have also collected and become possessed of a valuable library and various collections in natural history, and other property to a considerable amount, and have also been, and continue to be, actively employed in the promotion of philosophical and natural knowledge, among the graduates of the said University, by offering encouragement for original research, and especially by the publication of volumes of transactions composed of original memoirs read before the Society: and whereas the said petitioner, believing that the well being and usefulness of the said Society would be most materially promoted by obtaining a charter of incorporation, hath therefore, on [158] behalf of himself and other fellows of the said Society, most humbly prayed that We would be pleased to grant a Royal Charter for incorporating into a society the several persons who have already become fellows, or who may at any time hereafter become fellows, thereof, subject to such regulations and restrictions as to Us may seem good and expedient: Know ye that We, being desirous of encouraging a design so laudable, have, of Onr especial grace, certain knowledge and mere motion, willed, granted and ordained, and do, by these presents, for Us, Our heirs and successors, will, grant and ordain :" the charter then incorporated the Society, giving (among other things) power to make by-laws, to revoke them, and to make new ones. About the time when this charter was accepted, the Society took of the Master and fellows of Saint John's College, Cambridge, a lease of a messuage situate at All Saints' Passage in the parish of The Holy Sepulchre in the borough of Cambridge, at the annual rent of 201.: which messuage the Society pulled down, and, on its site, erected the house which the Society for and during the last nineteen years and upwards have, by their curator or officer and otherwise, exclusively used and occupied. This house (hereinafter described as " the house " or " the said house ") consists of a first floor, ground floor, and basement, and is the house in respect of which William Purchas and the Society have been rated at the sum of 61. 6s. 3d. (being lOd, in the pound on 1511, 10s.), in a rate for the relief of the poor, aud other 62 PURCHAS V. CHURCHWARDENS OF THE HOLY SEPULCHRE 4 EL * BL 189. purposes, made on 28th October 1852. Agaiusfc which said rate the said W. Purchas and the Society have appealed to the Quarter Sessions of the borough of Cambridge. [1593 The first floor of the house consists of two rooms, lighted from above, in one of which the meetings of the Society are held; the other is a...
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