The Queen against The Inhabitants of St. Mary Kalendar
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 1839 |
| Date | 19 January 1839 |
| Court | Court of the Queen's Bench |
English Reports Citation: 112 E.R. 1349
IN THE COURT OF QUEEN'S BENCH
S. C. 1 P. & D. 497; 2 W. W. & H. 103; 8 L. J. M. C. 54.
the queen against the inhabitants of st. mary kalendar. Saturday, January 19th, 1839. Since the passing of stat. 4 & 5 W. 4, c. 76, s. 66, a person cannot gain a settlement by renting and occupying a tenement, unless he has been assessed to and paid the poor-rate in respect thereof for a year. But he may gain a settlement by payment of rates, under stat. 3 & 4 W. & M. c. 11, s. 6, if he has been assessed to, and paid, poor-rate for part of the year only, provided his renting and occupation have been such as to satisfy stat. 6 G. 4, c. 57, s. 2. Pauper took a house at a yearly rent, payable quarterly, the tenancy to be deter-rninable at any time, on a quarter's notice. At the end of the first quarter he paid the rent, but said it was too high, and that he should quit. The landlady said that, if he would remain, she would take off 10s. per quarter, which was agreed to, and the agreement acted upon. Pauper remained to the end of the year. Held, an occupation for a year under the original yearly hiring. Ten days before the end of the year, pauper quitted the premises with his family, locked up the house, leaving only some few of his things in it, and went into another house. He likewise offered the key to his landlady, but she refused to accept it till the end of the year, when he gave it up to her and paid the full rent. Held, a sufficient occupation by the pauper for a year, under stat. 6 Gr. 4, c. 57, s. 2. Where payment of rates for a whole year is material, it is no excuse for non-payment of the last rate that such rate, though made during the year, was not published till after its expiration. [S. C. 1 P. & D. 497; 2 W. W. & H. 103; 8 L. J. M. C. 54.] On appeal against an order of two justices removing Stephen Gay from the parish of St. Maurice, in the county of Southampton, to the parish of St. Mary Kalendar, in the City and borough of Winchester, in the same county, the sessions confirmed the order, subject to the opinion of this Court upon the following case. The respondents called the pauper, who proved that he took a house in St. Mary Kalendar, of a Mrs. Page, on the 5th October 1835, at the yearly rent of 161., payable quarterly, and that such tenancy might be put an end to by giving a quarter's notice at any period : that at the end of the first quarter he paid the rent then due : that he then complained of the rent being too high, and said that he should quit: that his landlady then said if he would remain she would take off 10a. per quarter from the rent, which was agreed to, and the parties afterwards acted in accordance with such agree-[627]-ment: that he resided in the said house till 26th September 1836, when he with hia family removed into a house which he had in another parish, having locked up Mrs. Page's house, in which he left only some few of...
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