The King against The Trustees for the Burgesses, Company, of Tewkesbury
| Jurisdiction | England & Wales |
| Judgment Date | 24 November 1810 |
| Date | 24 November 1810 |
| Court | Court of the King's Bench |
English Reports Citation: 104 E.R. 327
IN THE COURT OF KING'S BENCH
[155] the king against the trustees for the burgesses, &o. of tewkesbury. Saturday, Nov. 24tb, 1810. An Act of the 48 Geo. 3 having vested the aftermath of a certain meadow in trustees, in trust for the burgesses and principal householders of Tewkesbury, freed from all other interest in the same; with power to let the same, or any part or parts thereof, annually, to any person or persons for the best rent, and also to let it in pastures, for horses, cattle, and sheep, to different persons, at such rates, and subject to such regulations as the trustees should appoint; or by writing under their hands and seals to demise the same for a term of years, &c.; and that the rents and profits should, after payment of all charges, be divided by the trustees amongst the objects of the trust: Held that the trustees, not having let the aftermath to any persons for any certain term, or in any certain proportions, but having let it out (as it was called) in pastures, at so much a head for horses, cattle, and sheep, to various persons, must themselves be taken to be the occupiers of the land, and were consequently rateable for the same. Upon an appeal against the poor rates after mentioned, tried at the Borough (a) Bex v. Hamstall Eidware, 3 Term Rep. 380. 328 THE KING V. TRUSTEES FOR BURGESSES OF TEWKESBUBY 13 EAST, 156. Sessions of Tewkesbury, between the trustees appointed by an Act of the 48 Geo. 3, for the burgesses or freemen and principal householders of the borough, appellants, and the churchwardens and overseers of the parish of Tewkesbury, respondents; the sessions were of opinion that the trustees having taken in cattle to tack on the Severn Ham after mentioned, and it being impossible to rate the several persons sending their cattle there, the trustees themselves must be considered as the occupiers, and liable to such rates; and therefore confirmed the same, subject to the opinion of this Court on the following case : The first of the rates appealed against was made on the 13th of October 1809, as follows: Rent. What assessed. Aftermath of the Severn Ham. Eate. Occupiers. 3301. 161. 10s. Trustees of the Severn Ham. The other rate was made on the 5th of January 1810, in the same form; the only difference being in the sum assessed, which was 241. 15s. There is a large meadow in the parish of Tewkesbury "called the Severn Ham...
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