The Sun.
London, England, 1833-10-30 00:00:00

MARLBOROUGH-STREET-(THIS DAY.

APPLICATION for a IVARRANT of DIS-
TRESS, AGAINST the EARL of BUR-
LINGTON, FOR NON-PAYMENT OF
POOR RATES.
Mr. Wilmer, the solicitor to the Earl of Burlington,
appeared upon summonses issued against the Noble Earl,
at the instance of the parish-officers of St. James's, to
show cause why a warrant of distress should not issue
agoaoil. nst
anhd 001. forisLordsh p rat
iponfro-rtehs.e non-payment of between
s
Mr. Rice, the vestry-clerk, appeared on behalf of
tonthe parish
feeling
officers.himself
aggrieved,
stated
btanda t
at
phpe
eEd
ea
dr of Bu
against
nth
e
poor rates to the local Magistrates (Sir Robert Farquhar
and Barber Beaumont, jun.') under the local act of the
parish, who he (Mr. Rice) contended, had exceeded their
jurisdiction, and by that means the parish had been some-
what impeded in what would otherwise be the regular course.
By the Local Act 2d George 111., all persons aggrieved
by the poor rates under certain circumstances, such as
poverty, might obtain relief otherwise than by the
general law of the land, upon application to two
local magistrates, and upon notice to the overseers.
By the general law an aggrieved party might appeal
to the next general quarter sessions, giving previous
notice to the parish-officers, specifying the grounds of
appeal. The application of the Earl of Burlington was,
however, to two Magistrates, tinder the Local Act, be-
cause, as he had neglected to appeal under the general
law to the next General Quarter Sessions (the rate hav-
ing been made in April last), he was too late ; he had
also given no notice of the grounds of appeal, but merely
that be felt himself aggrieved generally ; those two Magis-
trates had exceeded their jurisdiction, by entirely altering
the rate, upon his Lordship assuming that the rate was
erroneous in principle. That was one error. Another was,
that although the magistrates had assumed a power, and
acted upon it—not in their jurisdiction, they had actually
omitted to draw out and serve a formal order, although it
was Joy tlast, e a
rnedd
nwnae sd
frommerely
2e,n9t4e3r
tinn
la
6b
bo
ok,
that nt
htehdeersaeti eng
grounds, Mr. Rice contended, that the order
was to be treated as a nullity; and, therefore, be had to
apply for a warrant of distress against the Noble Earl in
the usual way.
Mr. CONANT asked, if the order had been drawn up in
due form and served, if the same application could have
been made to him.
Mr. Rice replied in the negative, for in that case they
could go to the Court of King's Bench. The dilemma
in which the parish was placed was that the order was not
so formally made; and therefore it must be treated by
them as a nullity.
Mr. CONANT said the point with him was whether the
local Act made it imperative on the parties to go before
the Petty Sessions as an interlocutory step to their going
before the Quarter Sessions.
Mr. RICE said eventhat would not give the Magistrates
of Petty Sessions a discretionary power to relieve as they
pleased, and assign no reason for it.
Mr. CONANT thought the point was a new one, and
certainlybyln theifieat i mn,agwi sbtireabt esh
eh aad
ntuhgebpt ocwn
ne rl
d,
ni
nt t cboauvl de
been
be
intended by the Legislature.
Mr. Rice also said that the magistrates at Petty Session

could not examine parties on oath. In this case they
came to a conclusion upon a visit to the premises.
Mr. Rice said, even if the Noble Earl had intended to
appeal, it could only be after the rate had been paid or
distrained for.

Mr. Wilmer, the Earl of Burlington's solicitor, said the
parish wished to enforce the whole rate, in spite of the
proceedings of the Magistrates.
Mr. Rice said it should not be put in that form. He
disputed the jurisdiction of the two Magistrates, and be
was bound to treat their proceedings as a nullity. He
wished only to bring the question to an issue.
Mr. Wilmer contended, that the Local Act was passed
for the government of the parish, and that the proceedings
under it were perfectly regular. The 16th section stated,
that parties aggrieved might appeal to two Magistrates,
and that if they be not satisfied with such decision, then
they were at liberty to appeal to the quarter sessions.
Lord Burlington finding himself aggrieved had appealed to
two Magistrates, and as be was satisfied with their de-
cision, there was nothing more to be done. That had
been the course of proceeding in the parish ever since the
local act passed, and was never before objected to.
Mr. CONANT said there was no evidence that the Ma-
gistrates had found fault wirh the principle of the rate.
Mr. Rice said the fault bad been wholly with the
principle of the rate, and that was what he contended they
had no right to do. There had been great dissatisfaction
in the parish at the former mode of rating, and a new
one had in consequence been adopted. He was proceeding
to advert further to that dissatisfaction, when
Mr. Wilmer said that had nothing to do with the case.
The fact was, he said, the parish wished to have a fight
in play, hut they had now got a fight in earnest, and they
had already got a scratch.
Mr. Wilmer then asked how many cases had been altered
by the Magistrates ?
Mr. Rice said, only five or six, and the parish had not
recognised one of them. They were resolved to try the
question on all of them. All the rest of the parish had
acquiesced in the rate.

Mr. CONANT remarked, that in this case the Magis-
trates had ordered the Earl of Burlington's rate to be
reduced nearly one-half.

M. Wilmer said that was because he produced evi-
dence of value. That evidence was strictly gone into;
the parish surveyor was examined, and the magistrates
viewed the whole of the mansion and grounds.
Mr. CONANT-But the parish deny their jurisdiction.
Mr. Rice said he had explained to the Magistrates that
the effect of their proceeding would be that their rate
would be quashed, and that that would be working an
injustice to all the rest of the parish.
Mr. CONANT said he had a very great respect for the
honour and abilities of the two Magistrates, but as they
were nut lawyers they might be mistaken ; if he had sat
on the Bench Le should certainly have protested against their
decision, for he did not believe that they were empowered
by the local Act to alter the priaciple of the rate. Be-
sides, the Magistrates had is fact made no formal order,
and that was irregular.
A long discussion then took place relative to the order,
when Mr. CONANT advised that a formal application
should be made to the Magistrates for the order,
the entry in the book not being deemed an order ;
after the production of which it would be open to
the parish to apply fur a distress warrant as usual. When
the case came on again to be heard (which was fixed
for Friday next) the worthy Magistrate said be
should wish the two Magistrates, Sir R. Farquhar and
Mr. B. Beaumont, to attend—their attendance being
asked only as a matter of courtesy.
It appeared in the course of the investigation that
the Earl of Burlington's rate which had not ex-
ceeded 1,0001. was raised by the new survey of the
parish, in April last, to 2,9431., which rate was allowed
by the magistrates o❑ the Ist of May.
The further hearing of the case was then adjourned to
Friday.

THE MARKETS.-(THIS DAY.)