The Sun.
London, England, 1839-02-07 00:00:00

COURT OF APPEALS.

PARISH OF ST. MARTIN'S-IN-THE-FIELDS.
Yesterday the adjourned Petty Sessions for Appeals from
the inhabitants of St. Martin's-in-the-Fields, were held at
the Vestry room of the Church, at which W. Walesby,
Esq , presided, assisted by Sergeant Andrews, Sir J. J.
Hensler, Messrs. Belases, NV William, and several other
Magistrates. Mr. Poulct Scrope, M. P., who introduced
the Act under which the Sessions were held, was on the
Bench, for the purpose of observing its practical working.
Mr. Le Breton, clerk of the Board of Guardians, attended
to support the assessment and re-valuation. The Court
was densely thronged.
Mr. Coitoesr, clock to the Bench, called on Mr. M'ln-
tosh Brookes to support his appeal against the assessment of
his house, 6, Adam-street, Adelphi.
Mr. Brookes stated that he veld the house under an
agreement for a lease at a rack rent of 601. per annum,
which the valuers, under the Act, had assessed at 751. By
this agreement he was allowed a certain sum by his land-
lord, out of the rent, to do such repairs as were required to
maintain the premises in a sufficient state to command the
the said rent, sod which averaged abdut 71., to which was
to be added an allowance for insurance. He contended
that these allowances formed a just ground for reduction,
even from the old assessment of 601. He was willing to
Submit to the old assessment, minus the amount of insu-
rance. In conclusion Mr. Brooke's put in his agreement
for a lease, but produced- no witnesses in support of his
appeal.
M. Le BRETON said he could chew that other houses
in the neighbourhood of a similar description with Mr.
Brookes's, bore higher rents than his house, which must
arise from some reason to him ( Mr. Le Breton) unknown.
In suppport of the assessment he called Messrs. Cantwell
and Smith, the parish surveyors, who having been sworn,
stated it to be their opinion that the house in question
would bring 75/. per annum clear of all rates and taxes.
Upon the cross-examination by Mr. Brookes, Mr. Cant-
well admitted that houses more eligibly situated on the
Adelphi-terrace, had been reduced in rent from 1801. to
1201. per annum within the last four or five years. Mr.
Cantwell was proceeding to show on his own evidence
only that another house in the same street bore a higher
rent ; but it being objected to by Mr. Brookes as illegal
evidence, the Bench ruled atgainst its admission.
Mr. Smith said that ten years had elapsed since be was
acquainted with the locality of the Adam-street.
Mr. Brookes replied. He said that be possessed upwards
of 20 years' experience in his profession as architect, and had
himself valued and mapped the parish for the metropolis
under the Parochial Assessment Act, and had resided
eleven years in the house in question. He insisted that the
valuers must be in error from their own admission, inas-
much as if the houses on the terrace were so much reduced
in value within a few years, the same scale of reduction
must be applied to his house, which he was willing to
admit had been let previous to 1835 for more than 601.
He submitted his case with confidence to the Bench, in
the full persuasion that they could not assess his house at
more than 601., or thereabouts, adding the sewer-rate and
laud-tax, which he covenanted to pay, and deducting the
' insurance, which left the assessment at 611. Hs.
The Magistrates having consulted together for some
time, the CHAIRMAN stated that as it was a case which re-
quired much consideration, in consequence of many other
appeals depending upon its decision, they would retire and
consult together, which having done, after the lapse of an
hour spent in deliberation, they returned into the Court
and gave judgment, reducing the assessment from 75/ to
621., and thus established the principle contended for by
Mr. Brookes, as in accordance with the intent of the Act
under which the new assessment had taken place.
Tho announcement was received with every demonstra-
tion of applaus', which the worthy Magistrates deemed it
necessary immediately to suppress.
There were 211 notices of appeals, many of which were
withdrawn, others were adjourned, many were dismissed,
and but a few were successful.