The Sun.
London, England, 1842-11-03 00:00:00

CROYDON PETTY SESSIONS.

At the last meeting of the Croydon Bench of
Magistrates, a question of very considerable import-
ance regarding the liability of unoccupied premises to
be assessed to the poor-rate \s as brought before the
presiding Justices, Messrs. Lucas and A. K. Barclay.
Mr. 11. Richards, of Croydon, attended, and applied
for an order for the payment of the sum of thirty-
nine pounds, the amount of a poor-rate assessed upon
an oil-mill and other premises in the occupation of
Mr. John Watney, in the hamlet of Wallington.
Mr. Templar appeared to oppose the application.
Mr. Richards said he attended on behalf of the
officers of the hamlet of Wallington to apply for an
order for the payment of the amount of a poor •rate
assessed upon some property in that hamlet which
was in the occupation of Mr. Watney, and which, in
his opinion, there could be no doubt was liable to be
so assessed. lie should show that the rate had been
legally made, and this being done the Bench would
only have to sign an order for ,the payment of the
amount. •
Mr. Templar said, that to save trouble, he would
admit the rate,.but he should call evidence to show
that Mr. Watney was not liable to be assessed.
Mr. Richards contended, that as the rate had been
legally made, and there had been no appeal, the
Bench could not on this occasion go into evidence
respecting its-validity.
The MAGISTRATES, however, decided that they
would hear what evidence Mr. Templar had to adduce.
A man, named William Denny, was then called,
and he proved that he was in the service of Mr. Wat-
ney, and that the premises in question, consisting of
an oil-mill and other buildings, were closed in April,
three months before the rate was made, and that the
that
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of
machinery had not since been at work. In cross-exa-
mination
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the persons in his employ occupied a cottage adjoining
the mill, and that there were desks and chairs in the
counting-house.
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Mr. Richards in reply, contended that upon these facts
there was such a beneficial occupation of the premises
in question as rendered them liable to be assessed to
the.,` poor-rate, lie need not, he said, remind the
Bench that it had been decided that a beneficial occu
pation did not at all require that there should be a
profit derived from the business, but, on the contrary,
if a man carried on a business whereby he might be
living on a thousand a year, the premises he occupied
were equally liable to be assessed to the poor-rate as
though he were gaining the same amount. In this
case, he submitted that although Mr. Watney was
not, personally,•in occupation Of the premises, yet that
he was so in law, inasmuch as he had on servant re.
siding upon them, the counting-house was furnished
with desks, seats, and all the necessary appurtenances,
and he might at any time enter upon the premises,
and commence business. Mr. Richards then cited
several cases that had bean decided, in support of his
argument, and concluded by stating his opinion, that
the Magistrates were bound, under the circumstances,
to grant the order for payment of the rate.
The MAGISTRATES having
.consulted for some time,
expressed their opinion that in this case there was a
holding, and not. any occupation, by Mr. Watney, and
they therefore considered him not liable to be assessed,
and refused to sign an order for payment of the rate.
Mr. Richards said he must, of course, bow to the
decision of the Bench, but he felt so stro.ig an opinion
upon the point that he should certainly lipply to the
Court of Queen's Bench for a mandamus, and take the
opinion of the Judges upon it.

For the future, Swedish and Norwegian vessels
are to enjoy in Russian ports the same privileges as
Russian vessels., and. are to be subjected to no higher
udties.