Sir Henry de la Beche and Others, Appellants, against the Rector, Vestrymen Churchwardens and Overseers of the Poor of the Parish of St James, Westminster, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1855 |
| Date | 01 January 1855 |
| Court | Court of the Queen's Bench |
English Reports Citation: 119 E.R. 139
IN THE QUEEN'S BENCH.
S. C. 3 C. L. R. 448; 24 L. J. M. C. 74; 1 Jur. N. S. 161; 3 W. R. 161. Applied, R. v. M'Cann, 1868, L. R. 3 Q. B. 147, 677.
sir henry de la beche and others, Appellants, against the rector, vestrymen churchwardens and overseers 01? the poor of the parish of st. james, westminster, Respondents. 1855. The Museum of Practical Geology is built on part of the hereditary property of the Crown. It is used as a museum, and a place of education, the Institution being under the controul of the Lords of the Treasury. Professors lecture there, being partly paid by fees received from pupils, besides salaries from the public money ; but they have no occupation beyond what is necessary for the purpose of giving lectures. A housekeeper resides there, appointed and paid by the Board of Trade for the purpose of taking care of the premises, but having no further occupation than is necessary for that purpose.-On a case stating the above facts, in which the question for the Court was whether any one was rateable for the relief of the Poor in respect of the premises,-Held : that the premises were in the occupation of the Sovereign for public purposes, the Commissioners of Woods and Forests being in the nature of her managers, and the other persons being in occupation as her servants; and, consequently, that no one was rateable. [S. C. 3 C. L. R. 448; 24 L. J. M. C. 74; 1 Jur. N. S. 161; 3 W. R. 161. Applied, R. \. M'Cann, 1868, L. R. 3 Q. B. 147, 677.] A rate for the relief of the poor of the parish of St. James within the liberty of Westminster in the [386] county of Middlesex was made, whereby Sir Henry T. de la Beche and others, alleged occupiers of certain premises, situate in Jermyn Street in that parish, known by the name of " Museum of Practical Geology and Government School of Mines," were assessed as follows. Name o£ Occupier. Description of Property rated. Number of House, &c. Name or situation, of Property. Gross estimated Rental. Hatoable yearly Value. Rate at Is. 6d. in the pound. Museum of Practical Museum. 28 to 31 Jermyn £2250. £2000. £150. Geology. Sir Henry inclusive. Street. dc la Beche and others, Directors. Notice of appeal against the said rate having been given, a case was by consent stated for the opinion of this Court under stat. 12 & 13 Viet. c. 45, s. 11. The substance of the material parts of the case was as follows. The Museum of Practical Geology, on which the assessment in question was made, was erected at the public expence, and completed in the year 1851, by means of sums voted to Her Majesty in the annual supplies for that purpose, and applied thereto by the Lords of the Treasury; and it stands upon ground which is part of the hereditary possessions of the Crown, forming part of the plot of ground mentioned in stat. 8 & 9 Viet. c. 104: and, since the appropriation thereof to the said Museum, the sum of 8531. has been annually granted by Parliament to the credit of the hereditary revenue as compensation for the loss sustained by the aforesaid appropriation of the said ground. The Museum of Practical Geology, first known as that of Economic Geology, was founded by Her Majesty's Government at the public expence, in July 1835, for the [387] purposes hereinafter mentioned ; and apartments for its collections were assigned to it by The Commissioners of Woods, Works &c., with the sanction of the Lords of the Treasury, in Craig's Court, Charing Cross, upon premises forming part of the hereditary possessions of the Crown. The collection formed there was subsequently transferred to The Museum of Practical Geology in Jermyu Street, which was opened 140 DE LA BECHE V. THE VESTRYMEN OF ST. JAMES 4 EL. & BL. 388. in May 1851. The said Museum of Practical Geology was established by Her Majesty's Government for the purpose of bringing science to bear practically on Geology, in its application to the useful purposes of life, and for the purpose of affording instruction in mining, and in the application of science to the arts, by means of laboratories...
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