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![handle is hein.slavery/ssactsengr0150 and id is 1 raw text is: CUCKSON V. STONES
to land tax at all.] Then, as to the appointment of the Collectors. [Willes J. Scadding
v. Lorant (b) seems conclusive against you, on that point.] The point, then, is not
pressed.
On this day,
[247] Bovill appeared for the defendant, but was stopped by the Court.
Cockburn C.J. It seems to me clear that the liability to Land Tax is not a liability
to a parochial rate or assessment ; and upon that point the judgment of the Court of
Queen's Bench is right.
But it is objected that the Land Tax is the creation of an Act under which
Divisions have been framed, with reference to which the Land Tax must be assessed ;
and that the bridge, for the passage of which the tolls are paid, is not within any
such Division. But I think this objection fails. The bridge appears, from the case,
to be within the Precinct of the Savoy, which extends to the river, and must be taken
to extend ad medium filum aquae: if not, the Division of the Duchy of Lancaster
comprehends all the parish of St. Clement Danes which is not in the City and Liberty
of Westminster, as well as the Savoy ; and certainly either the Savoy or the parish of
St. Clement Danes extends to the middle of the river. It is clear, on principle, that
the bed of the river, as far as the middle, belongs to the parish or precinct on the
adjacent shore ; and, if reclaimed, either naturally or artificially, the land so reclaimed
belongs to the same parish or precinct as the adjacent land. As to the provision of
sect. 132 of stat. 49 G. 3, c. exci., that seems to be inserted merely ex majori cautelft,
for the purpose of preventing any doubt as to the jurisdiction in the case of offences.
The same thing would have followed by law, without any positive enactment; for the
soil belongs to the parish or precinct which is adjacent. Upon any view, therefore,
the bridge is within the Division, and there is nothing to prevent it being [248]
assessed to the Land Tax in that Division. The judgment must, therefore, be
affirmed.
Williams and Willes Js. and Martin, Bramwell, Watson and Channell Bs. con-
curred. (Byles J. had left the Court.)
Judgment affirmed.
CUCKSON against STONES. Monday, November 22d (a), [1859]. Plaintiff, by agree-
ment in writing, agreed to serve defendant for the term of ten years in the
capacity of a brewer : in consideration of the premises, and of the due, full and
complete service of plaintiff as aforesaid, defendant agreed to pay plaintiff
201. on execution of the agreement, to furnish him with a house and coals during
the whole of the said term of ten years, and to pay him the weekly sum of
21. 10s. during the said term of ten years. Plaintiff entered into defendant's
service under the agreement. Some years afterwards, plaintiff fell ill, and was
unable to attend personally to business; but during that time he instructed
defendant, at defendant's request, in the art of brewing. Defendant refused to
pay plaintiff his wages for the period during which he had been ill, but retained
him in the service ; and, after he was able to attend again personally to business,
paid him as before under the agreement.-To an action by plaintiff to recover
wages for the period during which he had been ill, defendant pleaded that plaintiff
was not, during any part of the time for which such wages were claimed, ready
and willing or able to render, and did not in fact during any part of such time
render, the agreed or any service.-On demurrer, held a good plea, the readiness
and willingness to perform the service being a condition precedent to the right to
wages; and the gist of the plea being that plaintiff wilfully refused or omitted
to serve.-On shewing cause against a rule to enter a verdict for the plaintiff on
the plea :-Held, that the averment that plaintiff was not ready and willing &c.
was not supported by his physical inability, for a time only, and not through his
own default, to attend personally to the business: and that, the contract not
(b) 3 H. L. Ca. 418, in Dom. Proc., affirming the judgment of the Exchequer
Chamber in Lorant v. Scadding, 13 Q. B. 706, which had reversed the judgment of the
Queen's Bench in Scadding v. Lorant, 13 Q. B. 687.
(a) This case has been accidentally misplaced.
I ElL. & ElL. 247.](ViewImageLocal?handle=hein.slavery/ssactsengr0150&div=1&collection=&method=preview&ext=.png&size=3)