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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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W. DECIMUS I. FOULKES, J. H. ETHERINGTON SMITH, GILBERT GEORGE KENNEDY, RICHARD HOLMDEN AMPHLETT, FRANCIS PARKER AND EDWARD BENNETT CALVERT, BARRISTERS-AT-LAW.

LE

MAGISTRATES' CASES.

VOLUME LII.

LONDON:

PRINTED BY SPOTTISWOODE AND CO., NEW-STREET SQUARE.

PUBLISHED BY F. E. STREETEN, 5 QUALITY COURT, CHANCERY LANE.

MDCCCLXXXIII.

SUPREME COURT OF JUDICATURE.

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.

46 Victoriæ.

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Poor-Rating-Exclusive OccupationBookstalls at a Railway Station-Demise or Licence-43 Eliz. c. 2; 32 & 33 Vict. c. 67.

Newsagents, by agreement with a railway company, obtained, in consideration of yearly payments, the exclusive right to sell newspapers, books and certain other articles at a railway station. The agreement described them as tenants; provided that the yearly payments should be recoverable as rent in arrear; gave them power to erect bookstalls; secured to them access at reasonable times to the stations; reserved to the company power to choose and vary the places for the bookstalls and to prevent the sale of objectionable papers; and gave the station-master control over the newsagents' servants. Bookstalls fixed to the structure of the stations were erected by the newsagents, and of these they retained the keys: Held (affirming the judgment of the Queen's Bench Division), that the agreement did not amount to a demise; that it only gave the newsagents licence to do the acts specified; and that they were not liable to be

Coram Baggallay, L.J.; Brett, L.J., and Lindley, L.J.

VOL. 52.-M.C.

assessed to the poor-rate in respect of the bookstalls so erected and used by them.

Appeal from the Queen's Bench Division.

The case is reported 51 Law J. Rep. M.C. 106.

A Special Case was stated in four appeals against a poor-rate made by the rating authorities for the parish of Lambeth, in which the Waterloo Station of the London and South Western Railway Company is situated.

The question raised by the Case was, whether Messrs. Smith & Son were liable to be assessed to the poor-rate as occupiers of four bookstalls at the Waterloo Station.

These bookstalls were held by Messrs Smith & Son under an indenture which was expressed to be made between the ra way company and the firm of W. H. Smith & Son," hereinafter called the tenants." It witnessed that in "consideration of the yearly payments hereinafter reserved," the company gave and granted to "the tenants" to" from year to year the sole and exclusive licence and privilege to sell articles therein specified, with liberty for the tenants to erect bookstalls, with full and free ingress and egress at all reasonable times for the tenants, their servants or agents, to and from the stations. The servants of

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