The Queen against Kensington
| Jurisdiction | England & Wales |
| Judgment Date | 01 July 1848 |
| Date | 01 July 1848 |
| Court | Court of the Queen's Bench |
English Reports Citation: 116 E.R. 1015
QUEEN'S BENCH
S. C. 17 L. J. Q. B. 332; 12 Jur. 747.
[664] the queen against kensington. Saturday, July 1st, 1848. Under stat. 3 & 4 Yict. c. 61, a. 2, a pariah overseer, to whom application is made to certify that a person applying for a licence to retail beer in a dwelling house is the real resident holder and occupier of the house, is not compelled to certify, but has a discretion, Therefore, where a mandamus, calling upon such overseer to certify, alleged only that the applicant was the real resident holder and occupier, that the house was rated in his name, and that he had applied to the overseer to certify that he was the real resident holder and occupier, and also as to the annual value at which the house was assessed, this was held insufficient, after verdict for the Crown; and judgment was arrested. [S. C. 17 L. J. Q. B. 332; 12 Jur. 747.] Mandamus to Frederick Kensington and T. Forster. The writ (May 8th, 1845) recited that Thomas Hamper, " for some time past, to wit since the mouth of September A.D. 1844 hitherto, has been, and still is, the real resident holder and occupier of a dwelling house, situate in the parish of St. Andrew, Hubbard," in the City of London, "and being No. 19 Eastcheap, in the said parish; and that the said dwelling house, with the premises occupied by the said T. H. therewith, whereof, during all tbe time aforesaid, ehe said T. H. hath been and is such real resident holder and occupier as aforesaid, were, during all the time aforesaid, and still are, rated to and in the name of the said T. H., in one sum, to the rate for the relief of the poor of the said parish, on a rent oc annual value of 401. per annum: and also that you have been, during all the time aforesaid, and stall are, respectively overseers of the said parish : and also the said T. H. has oftentimes, since he became and whilst he was such real resident holder and occupier of the said dwelling house and premises, situate as aforesaid, and whilst the (aid dwelling house and premises were so rated as aforesaid, demanded of you, and each of you, as and whilst you were such overseers of the said parish of St. A. H. as aforesaid, a certificate in writing from one of you, as such overseer, certifying that he, the said T. H., is the real resident holder and occupier of the dwelling house and premises aforesaid, and also certifying the [655] true rent or annual value at which the aaid dwelling-house with the premises occupied therewith is rated in one rating to the poor rates, according to the last sum or rating made and allowed in the said pariah for the relief of the poor, according to the form " of the statute (a) in such case, (a) Stat. 3 & 4 Viet. c. 61, " to amend the Acts relating to the general sale of beer and cider by retail in England," after referring to stats. 11 G. 4 & 1 W. 4, c. 64, and 4 & 5 W. 4, o. 85, enacts: Sect. 1. "That no licence to sell beer or cider by retail under the said recited Acts or this Act shall be granted to any person who shall not be the real resident holder and occupier of the dwelling house in which he shall apply to be licensed, nor shall any such licence be granted in respect of any dwelling house which shall not, with the premises occupied therewith, be rated in one sum to the rate for the relief of the poor of the parish, township, or place in which such house and premises are situate on a rent or annual value of 151. per annum at the least if situated in the Cities of London or Westminster," &c. Sect. 2 enacts: "That every person who shall apply to be licensed to retail beer or cider shall produce to the proper officer of Excise authorised to grant such licences a certificate in Writing from an overseer...
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