The King against The Mayor and Commonalty of York
| Jurisdiction | England & Wales |
| Judgment Date | 31 January 1937 |
| Date | 31 January 1937 |
| Court | Court of the King's Bench |
English Reports Citation: 112 E.R. 160
IN THE COURT OF KING'S BENCH
S. C. 1 N. & P. 539; 6 L. J. M. C. 121. Distinguished, Lincoln Corporation v. Holmes Common Overseers, 1867, L. R. 2 Q. B. 489.
the king against thb mayor and commonalty of york. Tuesday, January 31st, 1837. The freemen of the Corporation of York, occupiers of houses in M., a part and separate ward of Y., imraemorially enjoyed pasture over the lands of G. T. The freemen, occupiers of houses, in other wards, had the same rights over other lands. The corporation appointed pasture masters, who made regulations respecting the enjoyment of the pastures, directed repairs, and appointed a herdsman, who watched the cattle, prevented their straying, &o. The pasture masters were superintended by wardens of the several wards, who consisted of (a) See Goodwin v. Gibbons, 4 Bur. 2107. 6 AD. &B.420. THE KING V. THE MAYOR, ETC., OF YORK 161 the mayor and aldermen of Y.; and, in important cases, reference was made to a select body of the corporation. The freemen paid, for the cattle put on the pastures, head-money, fixed by and paid to the pasture masters, which was applied to the wages of the herdsman, and the expenses of managing the pastures. These accounts were audited by the wardens. By an Inclosure Act (57 G. 3, c. 19), lands were allotted to the corporation in fee, to be exclusively enjoyed by the freemen, occupiers of M., in lieu of their right of pasture, which was abolished, and with the same rights, and under the same regulations. The lands were managed as the common had been before the Act; except that the herdsman lived in a cottage-oil the new land, built from the proceeds of the head-money, for which the poor-rate was paid out of the head-money by the pasture masters. Some of the land was, at one time, leased by the pasture masters : these leases expired some years ago. During the leases the lessees were rated. A surplus, arising from the rent and the head-money, was laid out in purchasing land which was vested in the then wardens and pasture masters in fee, in trust for the freemen, occupiers of M., to be enjoyed as the other land. There was generally a balance over and above expenses, from the head-money, which was carried to the next year. The corporation received no profit in their corporate capacity, except as above. Neither they nor the freemen had ever been rated for the land or right of pasture. Held, that the corporation were rateable to the poor for the land vested in them under the Act, but not for the land purchased out of the surplus. [S. C. 1 N. & P. 539 ; 6 L. J. M. C. 121. Distinguished, Lincoln Corporation v. Holmes Common Overseers, 1867, L. E. 2 Q. B. 489.] On appeal by the mayor and commonalty of York against a poor-rate for the township of Heworth, in the North Riding of Yorkshire, whereby the appellants were assessed in the following terms- The Mavor and Commonalty of the Rental. Assessment. City of York. Monk Ward Stray . 117 0 0 5 18 0 the sessions confirmed the rate and assessment, subject to the opinion of this Court upon the following case. The lands called Monk Ward Stray consist of 131 [420] acres and 38 perches of land, situate near York, and in the township of Heworth. Before the passing of an Inclosure Act, in 1817 (a), the freemen of York who were occupiers of houses within a division or ward of the city, called Monk Ward, were, together with certain other persons, entitled to common of pasture and right of stray or average, and had immemorially used and enjoyed the same, in and over a parcel of ground called Heworth Moor, of which G, A. Thweng, lord of the manor of Hewortb, was then seised in fee; another piece of land, called Heworth Grange, of which the King was then seised in fee; and certain closes and other parcels of ground, called Hall Fields, of which E. Prest and others were then seised in fee. By the said Act commissioners were appointed and authorised to settle the value of the said rights of stray and average, and to award, assign, set out, and allot (amongst others) to the said mayor and commonalty, so much and such parts of the said parcels of ground, respectively, aa should be a compensation for the said rights of the said freemen; which rights were to cease from and after the execution of the award; and the said part or parts, so to be awarded, &c., to the said mayor and commonalty, were to be thereafter held by them, exclusively of any manorial rights or interests whatsoever of the owners or proprietors before mentioned, to be exclusively enjoyed by such of the freemen, residing in Monk Ward as aforesaid, as for the time being would, [421J but for the Act, have been entitled to right of common, stray, &c., as above mentioned, and for such and the like cattle, and under such and the like regulations and restrictions, as such freemen respectively did or were entitled to enjoy the same. The commissioners (a) Stat. 57 G. 3, c. 19 (private), "for dividing and inclosing Heworth Moor, in the manor or township of Hewortb, in the North Riding of the county of York ; and for extinguishing the rights of stray and average over certain lands called half year lands, situate in the suburbs or precincts of the City of York." K. B. xli.-6 162 THE KING V. THE MAYOR, ETC., OF YORK AD. & E. 423. were, by another Act of Parliament (a), authorized and required to lay out and apply certain surplus moneys, arising from the exoneration of the said parcels of land from the said rights of common, &c., to the purchase of a further allotment to the mayor and commonalty, to be for ever exclusively enjoyed by such freemen as aforesaid, in the same manner as their previous rights of stray or average had been held and enjoyed. The commissioners by their award, bearing date 16th January 1822, did award, &c., to the said mayor and commonalty, to be exclusively enjoyed by such freemen of the aaid city, residing, &c., as for the time being would have been entitled to right of common, &c., but for the above Act, and for such and the like cattle, and under such and the like regulations, &c. (as above), the following allotments. An allotment from the common, containing Another do. .... Another do. .... As purchasers from the devisees of Thomas Withers . . . . 8 1 20 126 0 38 [422} The City of York is divided into four wards, of which Monk Ward is one. The freemen of each of the other wards respectively have rights of common, or stray and average, over certain other parcels of land situate near the said wards respectively, in the same manner as the said freemen of Monk Ward had and have over the lands in question. By the immemorial custom of the city, a wardmote court of the lord mayor and aldermen is held annually, at which four officers are appointed for each ward, who are called pasture masters, and who adopt and enforce the necessary restrictions and regulations under which the freemen of the said several wards exercise their said respective rights of stray and average. The pasture masters perform their duties with the assistance and...
To continue reading
Request your trial