The King against The Inhabitants of Woodland

JurisdictionEngland & Wales
Judgment Date03 February 1802
Date03 February 1802
CourtCourt of the King's Bench

English Reports Citation: 102 E.R. 331

IN THE COURT OF KING'S BENCH.

The King against The Inhabitants of Woodland

the king against the inhabitants of woodland. Wednesday, Feb. 3d, 1802, A slate-work, (or as improperly called a slate-mine) is rateable to the poor. At the Quarter Sessions at Lancaster, John Woodburn appealed against a rate òmade for the relief of the poor of the townships or divisions of Woodland, Heathwaite, ò&c. within the parish of Kirby Ireleth. The Court confirmed the rate as to the several sums assessed upon the appellant for his lands and woods (a)8; and as to the several (a)i Vide 2 Tidd's Pract. 878. (d)2 2 Bos. & Pull. 86. (a)8 The relative sums assessed were as follows; for the lands 31. 9s. 6d. for the òwoods Is. 9d. and for the slate-works the several sums of 21. 2s. 6d. and 11. 5s. 332 THE KING V. WOODLAND 2 EAS1M65, sums assessed upon him for his slate-works, the Court (being of opinion that the appellant ought not to be rated for his slate-works) amended therate by expunging the same; subject to the opinion of this Court on the following case ; The appellant is the occupier of certain slate quarries in the said township. Tie working of such quarries is attended with great expence and risk, and is considered always as a matter of uncertainty and speculation. The outward surface of the country when the soil is taken off is generally a sort of rock composed of slate mixed with [165] coarse stone, which is very hard, and not at all proper for splitting into slates. Some idea may be formed by skilful persons whether the proper kind of slate may be found below. The process adopted for procuring slates is first to remove the soil, and then to blast the coarse outward rock by means of gunpowder. Sometimes a good vein of pure slate is discovered. But it has often happened that works have been carried to the depth of thirty yards at the expence of some hundred pounds without meeting with any. The best slate is at the bottom of the quarries, many of which are upwards of fifty yards deep. A good vein when found may last for some years: at other times the veins are soon worked out. A shaft is never sunk, as in coal-pits, the quarries being commonly worked by daylight; though a level has, been known to be driven one hundred yards under ground. When the pure slate is found large blocks are detached by means of gunpowder, which are afterwards split by iron tools or gunpowder into thin pieces of merchantable slate. These ought not...

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6 cases
  • The King against William Dunsford
    • United Kingdom
    • Court of the King's Bench
    • 21 January 1835
    ...then proceeded to argue that the work in question was not a mine ; and they mentioned Bex v, Alberbury (1 East, 534), Hex v. Woodland (2 East, 164), Rmvls v. Gells (2 Cowp. 451), Rex v. Sedgley (2 B. & Ad. 65), Rex v. Brettell (3 B. & Ad. 424), Rex v. The Baptist Mill Company (1 M. & S. 612......
  • The King against the Inhabitants of Sedgley
    • United Kingdom
    • Court of the King's Bench
    • 1 January 1831
    ...mentioned in the statute, and lead mines were therefore held not to be rateable. A dictum attributed to Lawrence J. in Bex v. Woodland (2 East, 164), may be cited, to shew that the exemption was limited in The Lead Smelting Company v. Eichardson, by Lord Mansfield, to such mines as were gov......
  • Hughes, Appellant; The Earl of Pembroke and His Agent, Fane Vernon, Respondents
    • Ireland
    • King's Bench Division (Ireland)
    • 17 May 1906
    ...L.C.J., and Kenny, J. (2) 26 L. T. (N. S.) 618. (3) 24 L. R. Ir. 65. (4) 4 A. & E. 916. (1) I. R. 10 C. L. 476. (2) 1 East, 534. (3) 2 East, 164. (4) 8 East, (5) 1 B. & Ad. 926. (1) I. R. 10 C. L. at p. 482. ...
  • The Countess of Listowel v R E. Gibbings
    • Ireland
    • Queen's Bench Division (Ireland)
    • 19 November 1858
    ...Bullen v. DenningENR 5 B. & C. 842, 847. Rex v. The Church-wardens of AlberburyENR 1 East, 534, 537. Rex v. The Inhabitants of WoodlandENR 2 East, 164. Darvill v. RoperENR 3 Drew. 294, 298; S. C., 24 Law Jour., Ch., 779. Brown v. ChadwickIR 7 Ir. Com. Law Rep. 101. Townley v. GibsonENR 2 T.......
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