The Queen against Badcock and Others, Trustees of Taunton Market
| Jurisdiction | England & Wales |
| Judgment Date | 22 January 1845 |
| Date | 22 January 1845 |
| Court | Court of the Queen's Bench |
English Reports Citation: 115 E.R. 297
QUEEN'S BENCH
S. C. 1 New Sess. Cas 543; 14 L. J. M. C. 58; 9 Jur. 250.
8Q. B. 787. THE QUEEN V. BADCOCK 297 [787] the queen against badcock and others, Trustees of Taunton Market. Wednesday, January 22d, 1845, Stat. 9 G. 3, c. 44, empowered trustees to purchase certain lands, &c., in the town of Taunton, and convert them into a market place, and vested the lands, &c., and all buildings, &c., to be built thereupon, and the rents and profits, in the trustees and their successors, in trust, out of the first moneys to be raised under the Act, to pay the costs of obtaining the Act, all debts to be incurred by the purchase of the site and erection of the market, the expenses of lighting certain streets in the town, the expenses of purchasing the stalls, &c. in the then present market, and also certain mortgages, and the interest thereof. It was enacted that, after the discharge of the same, and of all debts on account of the market, &c., the market, &c., should remain in the trustees in trust as an estate for the use and benefit of the parish of M. in Taunton, and should and might be applied by the trustees to the clothing, educating and placing out apprentices of so many of the children of the poor inhabitants of M. as the trustees should from time to time direct. It was further provided that the share and proportion which the several grounds, &c., to be vested in the trustees by virtue of the Act, were charged with to the land-tax and church and poor-rates in the year 1768, according to the rents of the same as they were then rated, should be for ever paid by the trustees to the proper officers in lieu of all taxes, rates or impositions whatsoever. The trustees erected a market under this Act on the lands specified; all of which were in the said parish of M. A subsequent Act, 57 G. 3, c. Ixv., authorized the trustees to purchase additional ground within 1000 yards of the then present market, and appropriate it for the purposes of the market, and enacted that tbe same, when so set out, should be deemed and taken as part of the then present market place to all intents and purposes. It further provided that the former Act, and all and every the authorities, powers, provisions, regulations, clauses, matters and things therein contained, except such as were thereby varied, &c., or as were repugnant to, or otherwise provided for by, that Act, should be in full force and effect, and should extend to, and be practised, applied, &c., for effecting the purposes of that Act, as fully and effectually, to all intents and purposes, as if all such authorities, &c. were repeated and re-enacted in the body of that Act with relation thereto. This Act contained no provision affecting the subject of rating the additions thereby authorized, and no enactment in form repugnant or referring to the enactments in the former Act on this subject of rating the market place. Under the second Act the trustees made additions to the market place, within the prescribed distance, but situate within the parish of B.; they occupied these additions themselves, and collected tolls in respect thereof. There was never any surplus revenue after paying the annual expenses and interest. The parish of B. rated the trustees to the poor rate in respect of these additions at the full rateable value for the time being, according to stat. 6 & 7 W. 4, c. 96. The trustees having appealed, no evidence was given, on the trial, of the proportion at which the additional site waa rated in 1768 ; but it was shewn that in 1817 it was rated at a lower value than in the rate appealed against. Held that the general words of incorporation in the second Act must have such a meaning as would stand with reason and right, and must therefore be limited so as not to incorporate the provision in the first Act as to the proportion of rating. Held also that, notwithstanding the special purposes to which the revenues was applied, the trustees were liable to poor-rate in B. for the additions to the market place situate in that parish, and that the amount at which they were rated was correct. [S. C. 1 New Seas. Gas. 543; 14 L. J. M. C. 58; 9 Jur. 250.] On appeal against a rate made for the relief of the poor of Bishop's Hull in the county of Somerset, whereby the appellants were rated as owners [788] and occupiers of certain buildings and butchers'stalls called Taunton Market in the parish of Bishop's Hull, the sessions confirmed the rate, subject to the opinion of this Court on a special case, which was stated in substance as follows. By an Act of Parliament, 9 G. 3, c. 44, intituled " An Act for erecting a Market House, and holding a Market in the Town of Taunton, in the County of Somerset; and for preventing the Holding of any Market in the Streets of the said Town; and K. B. XLiv.-10* 298 THE QUEEN V. BADCOCK. ò Q. B. 780. for Cleansing the Streets, and preventing Nuisancea and Obstructions therein ; and for Lighting certain Streets in the said Town," the trustees therein appointed were empowered to purchase certain ground and buildings within the town of Taunton, and to convert the ground into a place for holding the market, and for erecting a market house. And it was thereby enacted (sect. 21), "That all lands, tenements, and hereditaments, to be purchased by virtue and under the authority of this Act, for the site of the said market aa aforesaid, and all buildings, houses, sheds, stalls, standings, and other erections, to be built or set up thereupon, and the rents, and profits arising from the same, shall be, and are hereby vested in the said trustees and their successors for ever; and that they shall stand seized thereof in trust for the several uses, intents, and purposes hereinafter mentioned and declared concerning the same; that is to say, the said trustees," "...
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