The King against The Inhabitants of Bowness
| Jurisdiction | England & Wales |
| Judgment Date | 31 May 1815 |
| Date | 31 May 1815 |
| Court | Court of the King's Bench |
English Reports Citation: 105 E.R. 812
IN THE COURT OF KING'S BENCH.
[210] the king against the inhabitants of bowness. Wednesday, May 31st,. 1815. Where a person rented and resided on a tenement of 41. a year, and in the same year bought at a public auction, on 12th August, four lots of oats growing in one field, for 121. 14s., which oats were of different kinds, that ripened at different periods, and he began to reap them on 14th September, and continued reaping them as they ripened, and carted them away at intervals between the 14th September and the 3d November, on which day he carted off the last load : Held that he did not thereby acquire a settlement. Upon appeal, the Court of Quarter Sessions for Cumberland quashed an order for the removal of Elizabeth Wright, single woman, from Bowness to Kirkbampton, subject to the opinion of this Court upon the following case : The pauper had gained no settlement for herself. John Wright her father being settled at Kirkbampton, in 1814 rented a dwelling-house, cow-house, and pasturage for his cow in Bowness, of the annual value of 41. and resided upon it during that year. On the 12th of August in the same year he bought at a public auction four lots of oats growing in the same field at Burgh for the sum and of the value of 121. 14s. The oats were of different kinds that ripened at-different periods. He began to reap them on the 14th of September, and continued reaping them as they ripened, and carted them away at intervals, between the 14th of September and the 3d of November in the same year, on which day he carted off the last load. And' the question for the opinion of the Court was whether under the above circumstances J. Wright gained a settlement in Bowness. Scarlett and G. Lamb, in support of the order of sessions, argued that this purchase of the lots of oats was to be deemed a tenement within the Statute of Car. 2, for ib passed an interest in the land to the purchaser; and though it be a purchase and not a renting, that makes no difference as" to the settlement. First, an interest in the land passed to the vendee for so long as the oats should be growing, and until they [211J (a) 1 Burr. 54. (b) 5 T. E. 33. 4M.&S. 212. THE KING V. BOWNESS 813 were reaped and carried away. The vendee was bound to carry them off in convenient time (a)1, and' for that purpose had a right of entry upon the land, and might have distrained damage feasant, or maintained trespass...
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