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![handle is hein.slavery/ssactsengr0005 and id is 1 raw text is: LONDON AND BLACKWALL RY. CO. V. LETTS [1851] III H.L.C., 471
tained more at large. Upon such a question, and under the circumstances, having
the unanimous opinion of the Judges, it does not appear to me that anything can
be added which would elucidate the question or the propriety of the opinion of the
learned Judges. I shall therefore recommend to your Lordships that, in this case,
the appeal should be dismissed, and the judgment below be affirmed.
Agreed to.
Judgment for the defendant in error.
THE PROPRIETORS OF THE LONDON AND BLACKWALL RAILWAY COM
PANY,-Appellants; THE REV. JOHN LETTS,-Respondent [March 4, 10,
August 8, 1851].
[Mews' Dig. i. 368; v. 1433; viii. 1527. S.C. 15 Jur. 995; 6 Rail. Cas. 687; and,
in Ch. 5 Hare 605. See Andrews v. Drever, 1835, 3 Cl. -and F. 314; Mac-
dougall v. Purrier, 1830, 4 Bli. N.S. 433; Payne v. Esdaile, 1888, 13 A. C. 613.]
London, TU iies-Railway--Compensation-Practice--Costs.
By the statute 37 Hen. 8, c. 12, the inhabitants of certain parishes in the city of
London, therein mentioned, are to pay tithes at the rate of 2s. 9d. in the
pound on their rent. By the 2 and 3 Vict. c. xcv. (the Blackwall Railway
Act), where houses in any of these parishes (of which St. Olave's, Hart
Street, is one) shall be taken for the [471] purposes of the railway after the
occupiers shall have quitted their houses, and until new houses or other
buildings shall be erected, and occupied, of such annual rent or value, that
the tithes of such new houses shall be equal to the tithes payable for the
houses quitted, the tithes, or payments in lieu of tithes, payable in respect of
the houses quitted (according to the last assessments thereof to the 25th
March, 1839), or annual sums of money equal to. the loss in tithes which the
rectors may sustain by the taking down of such houses, shall be paid and pay-
able to the said rectors, etc. The Company removed a great many houses,
and built two others, which were at once occupied:
Held (reversing a decree of Vice-Chancellor Wigram), that the object of the
Act was only indemnity to the clergy; that therefore the clergy were entitled
to receive only what they would have received if the Railway Company had
never interfered with the premises; that the Company was liable to pay in
respect of houses removed (where no others had been built in their places)
such sums as were actually paid to the rector, whether by agreement or other-
wise, up to the 25th of March, 1839; that the amount before then agreed
upon between the rector and the occupant, and paid by the occupant, con-
stituted the assessment within the meaning of the Act, and that the
amount of compensation must be measured thereby: and further, that, where
new houses had been built and occupied, the Company was entitled to be
credited (in reduction of its general liability to make compensation under
the Act) with the sums which had become payable in respect of such new
houses, and not merely with those which had been actually received there-
from.
A 4ecree directing a reference to the Master to make certain calculations on bases
laid down in that decree was made in 1847. The decree was not then appealed
against; the inquiry took place in the Master's office, and he made his report,
which the defendants in the suit excepted to; these exceptions were over-
ruled, and the report confirmed; but no costs were given on either side.
After these proceedings had taken place, the defendants appealed to this
House against the decree itself. The decree was reversed, and the cause
remitted, with directions; but no order was made as to the costs [472] in-
curred in the court below between the date of the decree and of the appeal,
the court below being left to deal with them as it might think fit.
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