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In the Queen's Bench Division, W. DECIMUS I. FOULKES, J. H. ETHERINGTON SMITH, GILBERT GEORGE KENNEDY, RICHARD HOLMDEN AMPHLETT, FRANCIS PARKER AND EDWARD BENNETT CALVERT,
SUPREME COURT OF
CASES RELATING TO
THE POOR LAW, THE CRIMINAL LAW,
AND OTHER SUBJECTS
CHIEFLY CONNECTED WITH
The Duties and Office of Magistrates.
MICHAELMAS 1882 TO MICHAELMAS 1883.
SMITH AND SON V. THE ASSESS
[IN THE COURT OF APPEAL.) assessed to the poor-rate in respect of the 1882.
bookstalls so erected and used by them. Nov. 23.
MENT COMMITTEE FOR LAM-
Appeal from the Queen's Bench Divi
sion. Poor-Rating-Exclusive OccupationBookstalls at a Railway Station—Demise
The case is reported 51 Law J. Rep.
M.C. 106. or Licence—43 Eliz. c. 2; 32 & 33 Vict.
A Special Case was stated in four ap
peals against a poor-rate made by the Newsagents, by agreement with a rail. rating authorities for the parish of Lamway company, obtained, in consideration beth, in which the Waterloo Station of of yearly payments, the exclusive right to the London and South Western Railway sell newspapers, books and certain other ar- Company is situated. ticles at a railway station. The agreement The question raised by the Case was, described them as tenants ; provided that whether Messrs. Smith & Son were liab'o the yearly payments should be recoverable to be assessed to the poor-rate as ocouas rent in arrear ; gave them power to erect piers of four bookstalls at the Waterloo bookstalls; secured to them access at reason- Station. able times to the stations; reserved to the These bookstalls were held by Messrs company power to choose and vary the Smith & Son under an indenture which places for the bookstalls and to prevent the was expressed to be made between the ra'. sale of objectionable papers ; and gave the way company and the firm of W. H. Smith station-master control over the newsagents' & Son," hereinafter called the tenants." servants. Bookstalls fixed to the structure It witnessed that in " consideration of the of the stations were erected by the news- yearly payments hereinafter reserved,” the agents, and of these they retained the keys : company gave and granted to the tenants" Held (affirming the judgment of the Queen's from year to year the sole and exclusive Bench Division), that the agreement did licence and privilege to sell articles therenot amount to a demise ; that it only gave in specified, with liberty for the tenants the newsagents licence to do the acts speci- to erect bookstalls, with full and free infied ; and that they were not liable to be gress
and egress at all reasonable times for Coram Baggallay, L.J.; Brett, L.J., and
the tenants, their servants or agents, to Lindley, L.J.
and from the stations. The servants of VOL. 52.-M.O.