The Sun.
London, England, 1821-11-09 00:00:00

GUILDHALL.

QUESTION AS TO THE LIABILITY.OF THE INNS
OF LAW TO ASSESSMENT .FOR. POORS' RATES-
Considerable-interest was excited it this Justice-room yester-
day, by the expectation of hearing the decision of the questioh
between the City Liberty of the, parish of St. Andrew, Holborn,
and the Inhabitant Householders of Thavies. Inn, ,relative to
the:liability of the latter to be assessed tathe rate'for the pair
of that Liberty.
The question was before the Magistrates at this office in the
early part of October, upon the hearing of a summons against
Alexander Fraser, Esq. an inhabitant of the Inn, to shew cauk
why a warrant of distress should not be issued to levy the rate
upim his hoods and chattels, he having refused payment of the
same. The then acting Magistrates, Aldermen Ansley and
Waithman, declined granting the warrant, upon the ground,
that as Thavies Inn had heretofUre been considered to 1)2 eXtra.
parocbical, and no poor-rate ever -enforced against the occu-
piers of houses therein, the' parish Officers were hound to she's
their right to rate, the, prima facie evidence of the fact being to
the contrary.
The case assumed precisely the same shape, viz. a summons
against Mr. Fraser, yesterday, before the Aldermen C. Smith
and Cox, who were assisted by the City Solicitor. 7
Nr. Jobsbn, the Vestry Clerk, was about to open the case on
the part Of the parish, when Mr. Fraser observed, that as his'
name appeared conspicuous, as the person resisting the pay-
ment of the rate, it was proper he should state that he was sim-
ply a housekeeper in Thavies-inn, and had no other interest in.
the question, -avnich was, however, one -of great importance to
the owners and proprietors of the freeholds, and from this
consideration he had entrusted the discussion upon it to his So-
licitor, Mr. Deykcs, who now attended on his behalf.
Mr. Jobson then said, that in making •his application for
a warrant of distress against Mr. Fraser, the parish were
actuated by no personal motive against him. Their object
Was to bring the question to issue, whether or no, Thavies
inn was liable to be assigned to the poor rate ; and Mr-
Fraser's name was . selected for that. purpose, more particu-
larly, because by a decision of the Quarter Sessions, in an
appeal on the part of St. 'Andrew's parish against an order for
the removal of a pauper from the parish of St. Pancras to their
Liberty, upon the ground of having obtained a settlement there-
in, by servitude with Mr. FraSer, they were burthened with the
poor belonging to the Inn. The real queStion was between the
parish and the inhabitants of the Inn generally, it being but
Justice, that as the parish was liable for the support of their
poor, the inhabitants of the Inn should contribute to the rate
for filat,purpOse. He quoted several cast* and also a dictum of
Lord Mansfield, to shew that all objections to poors' rates Inuit
be made by appeal, and parties haVing had due notice of the
rate, and neglecting to appeal against it, must be Concluded
thereby, and. could not subsequently urge any legal Objections
against the paynient: Under these circumstances he trusted the
agistrates would allow the warrant of distress to issue, when
the parties, if dissatiSfied, might try the r,uestion Upon an action
for trespass. lf, however, the Magistrates should decline grant-
ing the warrant, it .would .then become his duty to move the
Court of King's Bench for a 'mandarins against them.
DEYKES Submitted that the remedy by mandamus
would be the fittest and easiest method of bringing the question
to issue.. The Court of King's Bench was the proper tribunal
to decide it, and if Mr. Jobson,Wiis really So strong in cases as
lie asserted, lie could have no okieetien, as the Court could not
in that case hesitate to decide in his favour.
The City Solicitor said it was discretionary with the
trate to I.,Tratit or refuse the warrant. • Ile was therefore of opi-
nion, that to proceed regularly the rate should be given in evi-
dence, and Mr. Deykcs should then state the reasons for the
refusal to pay. .
On inquiry the rate bok was not in Court, and it was at
length agreed that the cast should be again heard on Thursday
next. . •

THE WEATHER.—The weather duringthe greater partAif
last Week was mild and pleasant, but on Saturday the Wind_
having gone round to the north it became cold,' and-during:the
whole of the evening and yesterday morning we had
sit urun-
terrupted fall of rain and sleet, with a strong gale of wind,
which at times blew a perfect hurricane The hills in this neigh-
bourhood and the oppOsite coast of Fife were coveted With
snow. A keen frost set in last night;,and continues tbis.morn-
ing. During the storm, several ships in Leith Roads were
unable to ride out the gale, and run farther up the Frith Mr
safety ; one of them, however, loaded with flax, went ashore at
Newhaven early in the morning, where her cargo was landing
yesterday, but as the wind got moderate in the afternocint. and
continues so, she is expected to be got off with little &make.-
We are sorry to learn that three persons at Leith were fermd
dead yesterday morning, supposed In have been occasion-
ed by the storm on the preceding evening. About se, ern
o'clock, the body of a man was found by SOrne persons at Sei-
field Toll. From the appearance of the body, the deceased.ha..l
been about forty years of age, stout made, and above the mid-
dle size : had on a short blue coat; crape round his tat, and his
shirt marked G. B. No. 3. ; there were no marks a violence
about his person, and he had Bs. fid. in his pockets. On being
found, he was carried to the Leith Dispensary, and every means
to restore animation were used, but without success. tie still
lies at the Dispensary, not having as yet been clainr-ed-by lfis
friends. Theother two cases were those of.a.woman and a ma-;
the former was f..und dead in a ditch on the road befwe:en the
Easter Reed and the foot of Leith Walk : she has been claimed
by her relations, and is supposed to have stumbled into the
ditch, and. from the violence of the storm had been unable to
'extricate herself. The latter was found quite dead at the head
of the Links ; he had long frequented , Leith as a beggar.
(Edinburgh Courant, Nov. 5.)

In some parts of Yorkshire, and comities more
north, there have been already considerable falls
of snow.

The fine venerable elm, clothed with ivy, that
had remained for such a length of years a digni-
fied ornament of St. John's-walk, Cambridge,
was torn up by the roots in the tremendous gale
of Sunday last.
John Morris, a youth, was committed from
Queen-square yesterday, charged by one of the
Park-keepers of St. James's Park with wantonly
breaking one of the seats to pieces on Toesda,y
morning. He was sent to TOll6ll-fields_ Rrici~•~f•~~l}.