HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.
![handle is hein.slavery/ssactsengr0045 and id is 1 raw text is: THE KING V. MARSHALL
101.: but if those taxes are not to be deducted, the said tenement was of the
value of 101.
Gurney, in support of the order of sessions, said that this case had been reserved,
in order to bring under the revision of the Court the judgment in the case of The
King v. Framlingham (a)1, which he admitted to be directly in point : but that was
decided in the absence of Lord Mansfield, and at a time when the Court leant much
in favour of settlements : but of late they have in all cases of doubt resorted to the
words of the Act of [321] Parliament : and here it is clear, that if the landlord be to
pay all the tenant's rates and taxes out of the 101. annual rent reserved, the yearly
value of the tenement cannot be so much as 101., which is necessary to confer a settle-
ment by the words of the statute (a)2. It is the same thing whether tenement be let
for 91., the tenant paying 11. for his own taxes ; or whether the rent reserved be 101.,
the landlord undertaking to pay 11. for the taxes payable by the tenant.
Taddy contrh, was stopped by the Court.
Lord Ellenborough, C.J. If we were sitting to hear the case of The King v.
Framlingham now argued, the argument might have weight; but it having been
settled nearly 40 years ago that the rent reserved (all fraud apart) is to be taken as
the criterion of the value of the tenement, without reference to the payment of the
rates and taxes by the landlord, we are not now at liberty to disturb that decision upon
any speculative opinion. The tenant may be said to obtain credit for a tenement in
one sense of the yearly value of 101. : and I cannot say that the former decision is so
directly against the words of the Act as necessarily to be wrong.
Grose, J. It is better stare decisis. The very case has been already determined.
Le Blanc, J. If we were to decide against the former case, it would let in the
deduction from the amount of the rent reserved of every payment to be made by the
landlord which (322] might have been thrown upon the tenant. The rule being
settled otherwise, it is better to abide by it.
Bayley, J. There is quite uncertainty enough in settlement cases; and when
a point has been once decided, it is best to adhere to the decision.
Order of sessions quashed.
THE KING against MARSHALL AND GRANTHAM. Saturday, Feb. 9th, 1811. The
Court will not grant a rule nisi for a criminal information against a magistrate
so late in the second term after the imputed offence, as to preclude him from the
opportunity of shewing cause against it in the same term.
Garrow moved for a criminal information against the defendants, justices of the
peace for the parts of Lindsey in the county of Lincoln, for having on the 24th of
October last improperly, as it was suggested, granted an ale licence. The prosecutor
had given the magistrates notice of the intended application to this Court on the
26th of January. But the Court now refused to entertain it, because it was made
so late in the second term that the magistrates would have no opportunity of shewing
cause in the present term against a rule nisi for an information, if granted. And Le
Blanc, J. read a note of a case of The King v. Thomas, H. 41 Geo. 3, which was a similar
application against a justice of the peace ; and because the offence was stated to have
been committed in October, and the motion was not made till so late in Hilary term,
that there was not time for the magistrate to shew cause in that term against it, the
Court refused to grant the rule (a)8.
[323] FORBES AND ANOTHER against ASPINALL. Monday, Feb. 11th, 1811. The
valuation upon a freight policy of insurance is calculated upon all the goods the
ship is intended to carry upon the voyage insured ; and if by a peril insured
against the ship be lost, when part only of the goods, the freight of which was
intended to be covered, was on board, the valuation must be opened, and the
assured can only recover as for that proportional share ; as where freight valued
at 65001. was insured on a ship from any port or ports in Hayti to Liverpool;
and the ship, which had sailed with goods from Liverpool to Hayti on a voyage
(a)' Burr. S. C. 748.
(a)2 13 & 14 Car. 2, c. 12.
(a)' Vide The King v. Harries and Another, ante, 270.
394
13 EAST, 321.](ViewImageLocal?handle=hein.slavery/ssactsengr0045&div=1&collection=&method=preview&ext=.png&size=3)