The Express.
London, England, 1852-01-27 00:00:00

RAILWAY RATING.

THE LONDON AND NOLLTH•WESTERN AND
THE PARISH OF ST. PANCRAS.
- • -- -

It is well known that the London end North
Western Company and the parish of St. Pancras have for
some time past been at war upon the subject of the rates to
be paid for the Euston station. The contending parties
having agreed to a reference, an award was given, reducing
the rateable value of the company's property from 27,3601.
to 15,45401. This award the parish refused to acknowledge,
and notwithstanding they had agreed to treat all moneys
paid to the parish as payments on account of the disputed
and future rates, upon a subsequent rate levied a distress on
a portion of the company's working stock, refusing to give
the company credit for a sum of money paid in emu
of the previous rate. The company replevied on the
property, and the matter has been recently before
Loid Chief Justice Campbell, Mr. Justice Patteson, Mr.
Justice Coleridge, and Mr. Justice Wightman, in proceeds
in the Court of Queen's Bench—the London and North
Western Railway Company v. Bedford. The question has
been Wetly placed before our readers under the usual head
" Law Intelligence," but its importance will render the
following more ample report interesting to our railway
reader,.

--
The matter was first brought under the considerations(
the learned jellies as Monday hist, by Mr. Pushley.
Mr. Peabley said—My lords, in a case of the London and
North-Waders llatlway Company v. Bedford, an action of
replevin, I rte move on behalf of the plaintiffs for • rule
to show epee why all proceedings should not be stayed. I
think prebelay that will be sufficient to insure the doing all
that is right between the parties, although it may nut de-
cide asytilmitiast is involved in the dispute between them.
The prong esti= arises out of a reference made between
lb• Mien eras tise vestry of the pariah of tit. Pancras,
ender which make It neoemary for me to
state to your lordships bow that vestry exists, said what are
their prima It by a load set of the Nth Gawp
111., nip. so, ing a seine vestry in tbe poet* ef
St. Proems. is the esenty of Iflddlosez, and other purposes
relating thorNeho mermen tithe parish of dt. Palters*
ars essmiewsed an et pieliresse, with all tits Lswers
the ordinary sairehevottry of tits pan& l'lmp epos
vestry h abolished piebh m* mil veiny
—bit all SIN woos a piths
wily sewn MS

-G, JANUARY 27, 1852.

elven to the vestry constituted under that act; therefore
(and I merely make this single observation upon it), the
vestry are not simply a vestry ; they stand not in the posi-
tion of ecessmoo overseers, with very limited powers, but
they. wally represent the parish. That is under the third
section. I will advert by-and-bye to some other classes
of the act. I will now primed to state to your lordship
what are the facts which have given rise to this question.
A subsequent claws (sec. 91) gives power to this vestry
to appoint directors of the poor, who are to manage the li
pow. Section OD gives powers to make rates, and section
96 gives them powers entirely beyond the ordinary powers
of parish officers via.; the sitting to hear any objections to
their own rates! and giving relief, as a sort of court of
appeal, to all parties aggrieved by any rates which they have
made. That see. 96 will probably be very material in
judging of this case. By that they have complete power
of giving redress to any person aggrieved by any rate which
they may cause tobo made. Now, it appears that, on the
16th March, 1840, a rate was made in due form, in all re-
spects, except as to the quantum, upon the London and
North-Western Railway Company, in respect of their station
and other property, which, probably, your lordships arc
all personally acquainted with, as most of us must be,
situate in the pariah of St. Pancras. The parish thought
proper to estimate that station and the other property there
at the rateable value of upwards of 27,0001. The company
being advised that was • most extravagant sum, about
double what it ought to be, intimated their intention of ap-
plying for relief under the statute, and they applied to the
vestry. On that occasion, the vestry took what seems tome
to have been an exceedingly proper view of the matter, of
their own duty, and of the character of that proceeding.
They said it was quite impossible fur them to decide the
question at all. They thought they could not, in a matter
of this sort, with any advantage to either party,deal with the
question; that it would be better, in the lint instance, to
refer it to a person competent to form an opinion, and to
report to them the result (and a Mr. I'entold was named),
if the company would give the necessary information. The
company were willing to give all possible information to
the surveyor or valuer appointed by the vestry, and
that was done. Thu result was, that the company
received a communication from those they consulted, and
then came to the conclusion, I believe unanimously, after
ample consideration, that by far the best course would be,
not for the company to do what, in ordinary Cleft, they
might have done—have taken the decision of the vestry,
and then have gone to the sessions, but to refer it to a gen-
tleman of high standing and competency at the bar, to
decide between the parties the real sum at which they
ought to be rated. That was proposed by the vestry.
Three names were proposed by my clients, all of
them counsel of eminence at the bar, out of which
the vestry were to make their choice, and they
received in answer to that proposition a communication
that they could adopt a like mode of selection. They
referred it to a committee to report to the vestry upon it.
They came to a resolution that 'the report of the com-
mittee relative to the appeal of the London and North-
Western Itailway Company, and so on, be received and
adopted, and that be referred back to the committee with
full power to refer it to a barrister of eminence to be agreed
upon." The result was that a gentleman well known in the
profession and of great capacity was appointed to determine
this question. On the first meeting the vestry had not their
counsel there, so that a delay of a month took place, but
ultimately, in the month of April lest year, the arbitration
was attended by both parties, and by counsel on both sides
with a supply of competent evidence to determine the
dispute between the parties. The submission to reference
here contained • term extremely proper, to which I will
invite your lordship.' attention for a moment, because
upon that the question will turn. Not only was the arbi-
trator to dispose of that rate but, as was most desirable in
the cue of public bodies like these, he was to do something
to prevent future disputes between these parties. It would
naturally arise that pendente lite, ether rates, would he
made, and the company, with an immense assessment like
this (upwards of 27,0001 ), and a very large amount to be
paid on such rate, would have to appeal against rates so
made, pendente fire ; and to avoid the necessity tor so ap•
pealing, a term had been introduced into the agreement
which had prevented the company from exercising their
right of appeal, and consequently the company have lost
all right of appeal, and all redress for_grievaaces, if griev-
ances there have been, pendente life. The agreement is this
—" his agreed that the award ef the arbitrstor,in reference
to the said assessment of the 16th March, 18.50, shall rope
late the assessment of any future rates which may be made
by said parish up to the date of such award "—only up to
that point—after the award is made, of course the parish
may rate us at three times the amount if they please, and
we shall have a remedy by appealing; hut a provision is
inserted that, in the meantime, the tweed of the arbirutor
shall regulate the assessment. Not that the Arbitrator is
to say anything about it ; hut that award is to regulate the
future assessment, " and that all payments made by the
company in respect of such future rates" (these are the
material words) " shall be treated and considered as pay-
ments on account, in the same manner as the payments
already made in respect of the present rate." This is the
agreement. I do not mean to say it will have the effect
of making the moneys so paid actually payments on account;
they would be so ; but it is an agreement on the part of the
vestry, so far as they can mace to anything, that they will
treat all sums paid in the intervening time as money on ac-
count; and, therefore, they ought not to enforce the inter- I
veiling rates in respect of such excess.

Lord Campbell—The agreement is very intelligible.
Mr. rashley—Yes ; it seems not only very clear, but ex•
tremely fair.
Lord Campbell—lt is a very fair agreement.

Mr. rashley—The wish professed very great anxiety that
it should be done in proper form, that it should be binding
on all parties. A suggestion was made by the company that
it should be an agreement under seal by the entire parish ;
but the attorney fur the vestry pointed out clauses in the act
of parliament by which it was clear (and I do not dispute
it) that the parish would be bound by what was done, and
Ido not dispute that they are so. The award decides that
the rateable value of the property (the gross annual amount
is immaterial) was very nearly what the company asked to
have it reduced to—via., 15,510/., and reduced it by about
12,0001.—from 27,000:. to 15,5101. Now, without troubling
your lordships with the details of the figures of what was
paid in the meantime, I may state that it is clear and
undisputed there was as much at 4001. paid before the
award was made in excess of the whole amount of the
next following rate.
Lord Campbell—For which the company ought now to
have credit.

Mr. Pashley—Yes ; the neat rate after the award was
made was for a large sum of more than 1,0001, ; the whole
of that the company is entitled tohave credit for, and nearly
400/. more, because it is quite clear that that rate might
not to have been enforced in any way. The parish think
proper to dispute the award for a reason I will mention to
your lordships. They summon us before a magistrate when
a distress warrant is applied for, and the magistrate says,
" Since there is a question made about the award I shall
not go into that at all, I shall leave you to your remedy
elsewhere. There has been no actual payment of that
particular rate; if the is a set off, that is a matter I can-
not go into." Upon that the company's first-class and
other carriages were seized, and they had no alternative
but to replevin, and having replevined before, they de-
clare (lying ruled to declare by the defendants), we come
to your lordships. Firit, their wish was to have made
some application, for which it would have been necessary
to have the submission a rule of court. Feeling the pa-
rish would do what was correct, tho company had not
even possessed themselves of a duplicate of the submission,
and they applied to the parish solicitor for a copy of the
submiseion, but it was refused. They then asked ham to
make an affidavit of the submission, and that was refused.
I should be entitled to make the submission a rule of court,
according to the decided cases, but I do not know that 1
want to make it a rule of court.

Lord Campbell—An action pending.
Mr. Justice Coleridge—l thought you said the award was
disputed.
Mr. rashley—Yes; I will state the only material point
which could go to the sword. It is upon this ground—
Mr. Justice Coleridge—lt was not disputed upon the
award.

Mr. Pashley—No, my lord. They say before the magis-
trate they dispute the award ; there is a different party in
cvweerevneorwyt.hiTngheiyn ityet7.othe.magisutzte theitiayloamuezieolto„
party may come into power, and the new body may be dis-
posed to repudiate what has been done.

Lord Campbell—Why, even after a revolution. what
bas been done by the preceding government is generally
considered binding between that nation and a foreign
nation.

ifriPashley—There is an act of parliament which sanc-
tions this. Any usurper is king de facto.
Lord Campbell—llowever what objection is made ?
_ _

Mr. Pashley—l understand it is that a ease in the Court
of Exchequer, of " Thorne v. Coll" (2 Crompton, ?demur,
and Roscoe) bas decided or is supposed to have decided,
that the parish officers, when an appeal is made against
• poor-rate, have no power to refer the question to arbi-
tration.

Lord Campbell—That does not at all tench the good
faith of these proceedings, or show that the merits have
not been adjudicated upon by the arbitrators.

Mr. Puhley—And beyond that, in the present case, they
are not mete parish officers, they are actually the parish,
having the power to give full redress, ea a court of appeal,
to parties sggrieved. The parish officers cannot alter the
rate by &shilling, the parish has the power to do so to the full
extent, and hero they go further, and directly consent to
refer it to arbitration.

Mr. Justice Coleridge—Your motion is to stay proceed-
ing. in the action of replevin ?
Mr. Pashley—That is the object.
Mr. Justice Coleridge—Then will not the distress go on?
Mr. Puhley—No. The distress has been levied, and we
have replevined our goods, and I want not to be pressed on
in the replevin. Although the company would not like to
give up the 4001., yet perhaps they would be satisfied if they
prevented the gross inju.nce of I,oooi. being taken out of
their pockets twice over, in what does seem a most discredi- '
table manner.

Lard Campbell—There would he great difficulty in your
pleading this ; but upon your statement, which we must
believe until it is contradicted, this is a proceeding contrary
to good faith and to honesty.
Mr. Paahley —lt seems unoontradicted upon the written
documents.

Lord Campbell—Beeause the parish ought to have given
you credit for over payments down to the time of the date
of the award. _ _

Mr. Paahley—lf I could hare teen that we could have
pleaded it, I should not have said that we ought to come
here, but I am afraid it can only be upon the award.
Lord Campbell—We wish to hear what the other aide
have to say, and therefore we grant a rale to show caws.
Rale nisi pasted.
Oa Wedusday the subject was Apia liu wise*.

Pirisogrru
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THIS DAY, Now'.
Coaree of Wiad. Btrerwth N wind. State of We Weather.

Gtntle Dnru.

The returns from the following places did not reach this
eSee in time for publication yesterday ; they therefore
Indicate the Mate of t►e weather on Saturday morning at
nine o'clock.

trimaran B. Ktrnni Weep Heavy Rain
B.W. Nab Wiwi Rain
Noumea*

INCREASE!) CONSUMPTION OF TEA. Judging
from the Custom House returns for the eleven months end-
ing the sth December last, it appears that the increase in
the consumption of tea, which has been going steadily for-
ward (or several years past, still continues to advance at a
rate which must be highly satisfactory to the Chancellor of
the Exchequer. During the three previous years, the tea
consumed in the United Kingdom, and the revenue which
it yielded, were as follows :
1818
1849
1850
Should the last month of 1851 show the same rate of con-
sumption as had been maintained up till then, the returns
for last year will exhibit the following result :
18,51
Ten years ago, before any great change had taken place in
our commercial policy, the entire consumption of tea in
Great Britain and Ireland amounted to 36,675,6671 h. ; so
that the Increase since then has been more than 17,000,0001 b.,
or nearly 50 per cent. As the population is not much
larger than it was in 1811, it is fair to conclude that there
must be a larger number of people in comfortable circum-
stances now than there *ere at the former period, whatever
Mr. Newdegate may say to the contrary. During the
ten years from 1831 to 1841, in spite of an increase
of nearly 3,000,000 in the population of the country,
and notwithstanding the impetus given to the tea trade
by the abolition of the East India Company's mono-
poly ia 1833, the increased consumption was only
6,675,5661 b. Great as the increase has been of late years,
however, it is very far short of what we might expect to see
were the duty reduced to a moderate per centime on the
value of the article as it COMM! from the Chinese merchant.
In Jersey and Guernsey, where there is no duty on tea, the
average consumption is 411 b. per head per annum. The
same rate for the United Kingdom would require an annual
importation of nearly 120,000,0001 h., which is more than
the Celestial Empire could supply without many years'
warning. But no one would ever propose even a large re-
duction of the tea duty all at once, much leas • total aboli-
tion. If it could he gradually reduced from its present ex-
orbitant amount to is. per lb., spreading the reduction over
several years, the revenue would not suffer much, while the
comfort of the people would be greatly increased, and our
trade with China would probably be very greatly improved.
—Manchester Guardian.

DRAINAGE OF TIIY. lIAARLEM LAKE.—We under-
stand, with much regret, that the drainage of this lake,
which wee commenced. in ISIG, is likely, by adverse cir-
cumstances, to be delayed two or three years more, before
the 60,000 or 60,000 acres of land covered by this vast sheet
of water can be laid bare. Gigantic and proportionately
powerful as were the engines, they have not been proof
against accidents arising from the severe work they have
had to perform. The boilers are leaky and out of order,
and have been sent to Amsterdam for repairs, while several
portions of the machinery have become unfit for service,
and will have to bo replaced. To add to these difficulties, a
storm on the 4th and 6th instant caused considerable injury
to some of thu dams.—Mining Journal.
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