The Queen against The Inhabitants of South Kilvington
| Jurisdiction | England & Wales |
| Judgment Date | 09 June 1843 |
| Date | 09 June 1843 |
| Court | Court of the Queen's Bench |
English Reports Citation: 114 E.R. 1231
IN THE QUEEN'S BENCH
S. C. 3 G. & D. 157; 13 L. J. M. C. 3; 7 Jur. 1108.
the quebn against the inhabitants op south kilvington. Saturday, November llth, 1843. Pauper occupied premises at a yearly rent, under an agreement by which the landlord was to pay all rates. The rent was higher on that account than it would otherwise have been. Pauper was assessed to the poor as the occupier; but the landlord always paid the rate. Held, that the pauper did not gain a settlement by being charged with or assessed to, and paying, the poor rate, under atat. 4 W. & M. c. 11, s. 6, or stat. 4 & 5 VV. 4, c. 76, s. 66. [S. C. 3 G. & D. 157; 13 L. J. M. C. 3; 7 Jur. 1108.] On appeal against an order of two justices removing Thomas Gallantree, his wife and children, from the township of South Kilvington to the township of Newsham with Breckenborough, both in the North Riding of Yorkshire, the sessions quashed the order, subject to the opinion of this Court upon the following case. In January 1840 the pauper, who had previously gained a settlement in the township of Newgbam with Brecfcenborough, took a cottage, being a separate and distinct dwelling house, in the township of South Kilvington, of a Mr. West, at the annual rent of 51. Nothing was said about the rates with respect to the cottage; for [217] which, in two several rates made for the relief of the poor, on the 12th of November 1840, and the 22d day of February 1841, the pauper was rated at the sum of 2s. 9d,, being in each instance a rate of Is. in fehe pound on the sum of 21. 15s., being the amount at which, in each of the said rates, the cottage was assessed; both of which rate* the pauper paid at Candlemas 1841. Mr. West let the pauper a field containing 3 acres 3 roods of land in the said township of South Kilvington upon the terms following. The land was taken from year to year; the rent was 141. 14s. a year; and the landlord was to pay the rates and all that came against it, The rent at which the pauper agreed to take the field was a higher rent because the landlord was to pay the rates and all that came against it. The pauper actually occupied the field together with the cottage from Candlemas 1841 antil August 1842, at the rent of 191. 14s. a year; and during this period he paid his landlord the whole rent, and was rated and charged in respect of the field and cottage as follows. Date ol Rate. Name of Occupant. N'ame of Owner. Description of Property...
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