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LAW JOURNAL REPORTS

FOR

THE YEAR 1883.

CASES RELATING TO

THE POOR LAW, THE CRIMINAL LAW,

AND OTHER SUBJECTS

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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,

BARRISTERS-AT-LAW.

MAGISTRATES' CASES.

VOLUME LII.

LONDON:
PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE.
PUBLISHED BY F. E. STREETEN, 5 QUALITY COURT, CHANCERY LANE.

MDCCCLXXXIII.

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[IN THE COURT OF APPEAL.) assessed to the poor-rate in respect of the

SMITH AND SON V. THE ASSESS1882.

bookstalls so erected and used by them. MENT COMMITTEE FOR LAMNov. 23. BETH AND OTHERS. *

Appeal from the Queen's Bench Divi.

sion. Poor-Rating-Exclusive Occupation-Bookstalls 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 apC. 67.

peals against a poor-rate made by the Vewsayents, 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 e the yearly payments should be recoverable to be assessed to the poor-rate as occuas 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 Messré 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. Sinith 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 juưlyment 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.C.

B

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