C. CAS R.] REG. v. ELIZA LUMLEY. Cur. adv. vult. [C. CAS. R. panying circumstances, such, for instance, as the on to argue for the prosecution. (a) The conviction age or health of the party. There can be no such was right. There were no circumstances proved at strict presumption of law. . . . I am aware that the trial that would lead to the impression that Bayley, J., founds his decision on the ground of con- Victor was dead at the time of the second marriage. trary presumptions; but I think the only questions [LUSH, J.-There was no evidence that he had in such cases are, what evidence is admissible? and gone away in a consumption, or of anything of that what inference may fairly be drawn from it? It kind.] He was proved to be alive in 1844, and the may be said, suppose a party were shown to be continuance of life is to be presumed, That prealive within a few hours of the second marriage, is sumption is modified by the proviso in 24 & 25 there no presumption then? The presumption of Vict. c. 100, s. 57, that nothing in that section innocence cannot shut out such a presumption as shall extend to any person marrying a second time that supposed. I think no one, under such circum- whose husband or wife shall have been continually stances, could presume that the party was not alive absent from such person for the space of seven at the time of the second marriage.' Judgments to years then last past, and shall not have been known a similar effect were given by the other members of by such person to be living within that time. the court. There is no conflict, however, between [KELLY, C. B.-Is there any authority that where a the decisions of Rex v. Twyning, and Rex v. Harborne; first husband has been proved to be alive four nor does the principle involved in either of them years before the wife's second marriage, a presumppresent any real difficulty. The presumption of tion arises that he continued alive at the time of innocence is a præsumptio juris, and, as such, good the second marriage?] No. But the cases speak until disproved. Rex. v. Twyning decides that the of the presumption of the continuance of life up to presumption of fact of the continuance of life seven years from the time when last shown to be derived from the first husband's having been shown alive. The jury must be taken by their verdict to be alive about a year previous to the second mar- to have found that the husband was alive at the riage, ought not to outweigh the former presump- second marriage. [KELLY, C. B.-As I understand, tion in the estimation of the sessions or the jury; the point was not left to the jury at all. LUSH, J. while Rex v. Harborne decides that if the period be-No; I virtually withdrew it from them.] reduced from twelve months to twenty-five days it would be otherwise, and that the sessions or a jury might, in their discretion, presume the first husband to be still living. This view of those cases is confirmed by the judgment of the House of Lords, in Lapsley v. Grierson, 1 Ho. Lords Cas. 498." The marginal note of Lapsley v. Grierson is "There is no absolute presumption of law as to the continuance of life, nor any absolute presumption against a party doing an act, because the doing of it would make him guilty of an offence against the law. In every instance the circumstances of the case must be considered." Lord Campbell, in his judgment, said: "We have been much pressed with the case of Rex v. Twyning; but what is there said by Bayley, J. has been much misunderstood. He who was one of the most learned, accurate, and conscientious of judges never laid down what in this argument has been attributed to him. All that he said was that there were presumptions of law on both sides, and that as the quarter sessions had come to a conclusion on the facts, the Court of King's Bench would not say that in fact they had come to a wrong conclusion. In the subsequent case of Rex v. Harborne, Lord Denman intimated a strong opinion that the onus of proof lay on the party setting up the marriage." In Nepean v. Doe d. Knight, 2 Sm. L. Cas. 476; 2 M. & W. 912, it was held that when a person goes abroad, and is not heard of for seven years, the law presumes the fact that such person is dead, but not that he died at the beginning or the end of any particular period during those seven years; that if it be important to anyone to establish the precise time of such person's death he must do so by evidence of some sort to be laid before the jury for that purpose beyond the mere lapse of seven years since such person was last heard of. In Reg. v. Curgenwen, 10 Cox C. C. 162, it was held that the burthen was on the prosecution of proving that the prisoner knew that his first wife was alive at the time of the second marriage, they having been living apart for seven years preceding the second marriage, and the court followed the decision of Wightman, J., who ruled on a trial for bigamy, Reg. v. Heaton, 3 Fos. and Fin. 819, that the burthen of proving that the prisoner knew of his first wife being alive within seven years of the second marriage was upon the prosecution. Giffard, Q. C. (Besley with him), was then called LUSH, J.-We are of opinion that the direction to the jury in this case, viz., that there being no circumstances leading to any reasonable inference that he had died, Victor must be presumed to have been living at the date of the second marriage was erroneous. In an indictment for bigamy it is incumbent on the prosecution to prove to the satisfaction of the jury that the husband or wife, as the case may be, was alive at the date of the second marriage. That is purely a question of fact. The existence of the party at an antecedent period may or may not afford a reasonable inference that he was living at the subsequent date. If, for example, it were proved that he was in good health on the day preceding the second marriage, the inference would be strong-almost irresistible-that he was living on the latter day; and the jury would in all probability find that he was so. If, on the other hand, it were proved that he was then in a dying condition, and nothing further was proved, they would probably decline to draw that inference. Now, the question is entirely for the jury. The law makes no presumption either way. The cases cited, Rex v. Twyning, Rex v. Harborne, and Doe d. Nepean v. Knight, appear to us to establish this proposition. Where the only evidence is that the party was living at a period more than seven years prior to the second marriage there is no question for the jury. The proviso in the Act (24 & 25 Vict. c. 100, s. 57) then comes into operation and exonerates the prisoner from criminal culpability, though the first husband or wife be proved to have been living at the time when the second marriage was contracted. The Legislature by this proviso sanctions a presumption that a person who has not been heard of for seven years is dead; but the proviso affords no ground for the converse proposition, viz., that when a party has been seen or heard of within seven years a presumption arises that he is still living. That, as we have said, is always a question of fact. Being of opinion upon this ground that the conviction must be quashed, it becomes unnecessary to consider the other points raised. Conviction quashed. (a) Lush, J. stated that the jury must be taken to have found their verdict in obedience to his ruling at the trial. ROLLS.] ROLLS COURT. Re LATYMER'S CHARITY. Reported by HENRY PEAT, Esq., Barrister-at-Law. Jan. 19 and 29, 1869. Re LATYMER'S CHARITY. Charity-Scheme-Trust to clothe and educate " poor boys"-Mode of extension-Capitation fees. 66 L., by his will, made in 1624, declared that his trustees should hold certain lands upon trust out of the income thereof, to provide clothing of a specified description, " for eight poor boys inhabiting within the town of Edmonton," and "to cause them to be put to some petty school, to the end that they might learn to read English." A school-room for the purposes of the charity had been provided by a subsequent benefactress, and the annual income of the charity having increased from 601. to 7001, the Charity Commissioners had approved of a scheme for the settlement of the charity. The principal provisions of the scheme were, that the trustees should pay 701. a-year to some school in each of three ecclesiastical districts which had been taken out of the ancient purish of Edmonton; that there should be an upper school as well as a lower one-the former open preferentially to sons of inhabitants of Edmonton, and then to others, the latter open exclusively to the sons of inhabitants of the town of Edmonton; that capitation fees might be charged; that three boys were to be educated gratuitously in the upper school, such boys to be selected by examination from boys in the lower school; and that twenty-five boys should be educated gratuitously in the lower school, and eight boys be provided with clothing, such boys to be selected on the ground of merit or poverty, at the option of the trustees. On a petition by certain inhabitants of the parish against the scheme: This was a petition by two inhabitants of the parish of Edmonton, against an order of the Charity Commissioners, establishing a scheme for the settlement of a charity at Edmonton, called Latymer's Charity. This charity was established in the year 1624. Edward Latymer, by his will, dated the 16th March in that year, after reciting that by a certain indenture of bargain and sale, he had bargained and sold to certain persons a messuage in the town of Edmonton, and certain parcels of land situate at Hammersmith, to hold the same to them and their heirs, upon such trust, hope and confidence as should by him be declared by his will, the testator thereby declared it to be his will that his said feoffees should, within six months after his death, elect, nominate, and choose eight poor boys inhabiting within the parish of Edmonton, being within the age of twelve years and above the age of seven years apiece. And after such election by them made, his said feoffees should, with the rents and profits of the said lands, get and provide for every of the said boys certain articles of clothing therein particularly specified, and should cause the said poor boys to be put to some petty school, to the end that they might learn to read English, and there to be kept till they should attain the age of thirteen [ROLLS. years, thereby to keep them from idle and vagrant courses, and also instruct them in some part of God's true religion, at which age of thirteen years of every of the said poor boys, or of their dying, or departing out of the said town of Edmonton, his said allowance of apparel and schooling to cease as unto so many of them as should attain to the said age, die, or depart out of the said town as aforesaid. A school-house had some time ago been built for Three per Cents having been bequeathed for that the purposes of the charity, a sum of 500l. New purpose by Mrs. Ann Wyatt, by her will made on the 31st July 1811. The annual income of the charity was at its foundation 60%, but it had since increased greatly, and now amounted to 7001. This increased income was devoted to the gratuitous education and clothing of a large number of boys, and the charity had, till recently, been managed by the schoolmaster, who had failed to keep the accounts in a proper manner. The old parish of Edmonton was, in the year 1851, divided into four ecclesiastical districts. The Charity Commissioners for England and Wales, having been applied to, made an order on administration of the charity. the 1st Sept. 1868, establishing a scheme for the The nature of the scheme will appear from the following objections, which were made to it by the petitioners, viz.-1. That it extends the benefit of the charity to all classes instead of confining it to providing clothing and an elementary education for poor boys only of the parish of Edmonton, according to the expressed wishes of the testator. 2. That it directs that clothing shall be provided receive the benefit of such provision are to be for eight boys only, and that the scholars who shall selected not on account of their poverty only, but for their merit, or on account of their poverty, at the option of the trustees. 3. That the twenty-five free scholars may be selected by the trustees for proficiency, as well as in consideration of poverty. 4. That a life annuity is directed to be paid to the late schoolmaster, Charles Henry Adams. 5. That the sum of 70%. is directed to be paid to each of the three ecclesiastical districts of St. Paul's, Winchmore-hill; Christchurch, Southgate; and St. James, Upper Edmonton. 6. That the said order extends the benefit of the charity to the sons of persons living beyond the precincts of the original parish of Edmonton. 7. That it directs that the school shall be divided into two branches, and that capitation fees shall be received, and generally, that the scheme of the said commissioners will entirely alter the character of the charity, which was intended for the benefit of the poor only. Southgate, Q. C. and Edwyn Ward, for the petitioners, enforced the above objections, and submitted that the funds of the charity should be applied for the purposes specified by the founder; that it was in the power of the court to increase the number of the recipients, which was more in accordance with the founder's intention than the proposed plan for extending its objects. They cited Philpott v. St. George's Hospital, 33 L. T. Rep. 141; 27 Beav. 107; Re Ashton's Charity, 33 L. T. Rep. 195; 27 Beav. Re Manchester Free Grammar School, 16 L. T. Rep. Jessel, Q. C. and Archibald Smith appeared in support of the scheme. ROLLS.] Re LATYMER'S CHARITY. Jan. 29.-Lord ROMILLY. This is a petition presented by some of the inhabitants of Edmonton -whether it should be called the town or parish of Edmonton is somewhat questionable-for the purpose of reviewing a scheme which has been approved of by the Charity Commissioners, for the settlement of a charity called Latymer's Charity. It was very fully argued before me, and I have considered the case very fully since, and have looked at all the evidence on the subject. The evidence is not very voluminous, and there is no difficulty or doubt about it. The first question is, whether or not it is the primary object that the charity should be devoted to education. I am of opinion that the primary object of the charity is education, and that is very important for the purpose of considering the seven objections which are raised in the petition which has been presented against the scheme approved of by the Charity Commissioners. [His Lordship stated the facts of the case, and continued:] Now it is quite clear that this was intended for very poor boys, of such an age that they could not earn money for themselves, who were likely to get into bad company, and who were to be put in a school to learn what was the elementary education at that time, and at the same time to be clothed for that purpose, the clothing being merely an adjunct to the education. I think, therefore, that the commissioners came to a right conclusion when they thought that education was the primary object of this charity. That being so, it is necessary to take into consideration the great alteration that has taken place in education since that period. That was nearly two centuries and a half ago, and the education that was fitting for boys of that period would be a little extended now, and such an extension would be very useful, and fully within the scope of the charity. By reason of the liberality of subsequent donors, a school-house has been built, and a school has in point of fact been formed, though the original testator only supposed that they would be put to school. With that preliminary observation, I see very little to alter in the scheme of the Charity Commissioners, because with that view it appears to me that they have done very much what was fit and proper. I will go through the seven objections made by the petitioners. They say first that the scheme extends the benefit of the charity-this is their complaint-to all classes instead of confining it to providing clothing and an elementary education for poor boys only of the town of Edmonton, according to the express wishes of the testator. Now I think that, according to the scheme here, it is quite possible to combine with the elementary education for the poor boys only of the town of Edmonton, an improved education, and that it may be in another branch of the school, and that it may be beneficial for the boys who receive an elementary education, as an incitement to them to rise into the superior school, and therefore I do not think that if it is well conducted it will of itself be injurious. At present, it appears that the superior school costs about 30l. to 407. to the other, but if it should succeed-and I think they may at any time come to the court if there is a failure, to have a variation of the school-but if it should succeed, and there should be an increase in the number of boys in the superior school, not only would it not injure the boys in the lower school, but it may add to the fund which is applicable for the general purposes of the [ROLLS. charity. Then the second objection is, that clothing shall be provided for eight boys only, and that the boys to receive the benefit of this provision are to be elected, not on account of their poverty only, but for their merit, or on account of their poverty, at the option of the trustees. I think, as I expressed at the time, and Mr. Vaughan Hawkins, on behalf of the Attorney-General, seemed to express the same opinion, that, considering the manner in which this charity has increased in value, producing now 7001. a-year, a larger number of boys ought to receive an amount of clothing, and it was suggested that it should not exceeed twenty-five, and probably if twenty were put as the number, that that would be a beneficial arrangement; and I think that is in accordance with the views of the scheme and the scope of the charity. Then I approve exactly of what the scheme suggests, that it shall be at the option of the trustees, and that poverty shall be one element in directing their choice, but that also good behaviour and rising in improvement in the school should be another element in their election, and accordingly, I think that it would be desirable to increase the number to twenty, leaving it still at the option of the trustees to make the choice; but expressing my opinion that, in making that selection, they ought to be guided principally by the merit of the boys, and to some extent by the fact of their poverty. That is to say, supposing there are two boys who are equal, or nearly equal, they should select the poorer of the two, the one to whom the gift would be the greater charity. I do not propose to make the slightest alteration in respect of the clothing. The clothing at that time, and the cross on the shoulder, of course are not suited to this time, and the trustees must do it in such a manner as they think fit. Appropriate clothing for twenty boys can be provided at a very small expense. I think that that would be in accordance with the object of the charity; and, in point of fact, that appears to me to be the principal motive which has induced the inhabitants of Edmonton to bring this matter before the court, and I cannot of course disregard the fact that 1500 of the inhabitants of this parish have joined in a memorial expressing their opinion that some alteration to this effect should be made. The next objection is, that twenty-five free scholars may be selected by the trustees for proficiency as well as in consideration of poverty. That is a selection of boys which, I think, is quite right, and I do not see any reason whatever to remove or alter it. The fourth objection is as to the life annuity. I do not say anything more upon that; it was disposed of upon the last occasion; it must be omitted. The fifth objection is, that the sum of 701. is directed to be paid to each of the three ecclesiastical districts of Edmonton. It appears that 707. has been paid to two, and not to the third. I think that this is within the scope of the endowment of the original founder, because he mentions the town of Edmonton, which, as I have said, I think means the parish, and the parish seems to be very extensive. Some parts of it are four miles distant from the school, and therefore it is very inconvenient that the boys should have to walk eight miles a day, particularly very little boys, and in all weathers, and therefore it is convenient that these sums should be applied as suggested in the scheme, always understanding that the sums are to be devoted to education. Jessel, Q. C.-They are allowed to such schools as the trustees shall approve of, subject to the order of the Charity Commissioners. Lord ROMILLY.-That is right. I do not think that it should be compulsory; I am not sure whether the scheme is clear upon that, that the districts should have each 70l. a year, but that it should be in the discretion of the trustees to withhold the 70%. if the thing is not carried on properly, and for that purpose I think it should be in the discretion of the trustees. I feel satisfied that they will exercise their discretion in the most beneficial manner for the school. I will change the words to "a net yearly sum not exceeding 70l." That is as they shall think fit. I do not object to the benefit of the charity being extended to persons living beyond the precincts of the original parish of Edmonton, understanding that those are persons who are admitted into the upper school, not into the lower; the lower must be confined to the inhabitants of the parish of Edmonton. I am of opinion also that the capitation fee is right, the experience I have had in settling cases of this description in chambers convinces me that a small capitation fee is a benefit, and that people do not very much care for education which is given purely gratuitously, and that a small capitation fee-but it should be a very small one unquestionably-reconciles them to education, and makes it beneficial. In all other respects the scheme is not complained of, and it must be confirmed. These slight alterations must be made in the scheme, and Mr. Vaughan Hawkins will be good enough to see that they are expressed in the scheme. I am sorry to say that I must make the costs of this come out of the charity. In almost every case where I have settled a scheme, I have created a sinking fund to restore the charity to its original amount. [Counsel having intimated that the trustees would rather wait for their costs than sell out stock, his Lordship continued:] Yes. I will order the costs to be paid out of income. By paying them out of income, I take it for granted in two or three years you will pay off the costs. Jessel, Q. C.-In less than two years. Solicitors for the trustees, Farrer, Ouvry, and Co. Solicitors for other parties, Church and Clarke; and Fearon, Clabon, and Fearon. COURT OF COMMON PLEAS Reported by W. GRAHAM and M. W. MCKELLAR, Esqrs., Barristers-at-Law. SALISBURY ELECTION PETITION. Wednesday, May 5, 1869. RYDER V. HAMILTON. Scrutiny-Nonpayment of rates-Express decision of revising barrister-Registration Act 1843 (6 Vict. c. 18), s. 98. An election petition under the Act of 1868 asked for the respondent's seat for the petitioner, on the ground that the former's majority over the latter at the election consisted of the votes of persons who were, although registered, not entitled to vote in a borough by reason of their not being rated to, and not having paid the rates, according to the 3rd section of the Representation of the People Act 1867; no objection was made before the revising barrister to these persons' names being retained on the register: Held (upon a special case stated for the opinion of the Court of Common Pleas), that sects. 79 and 98 of the Registration Act 1843 were incorporated into the Acts regulating the new practice in election petitions; that rating and payment of rates form part of a borough voter's qualification, and are conditions precedent to his right to vote; that the non-performance of these conditions does not constitute a legal incapacity at the time of voting as in the 98th section of the Act of 1843; and that as there was no express [C. P. decision of the revising barrister upon these votes, an objection upon the ground alleged could not be sustained on a scrutiny. The following is a copy of the petition in this case: ELECTION FOR THE BOROUGH OF NEW SARUM, IN THE COUNTY OF WILTS. The petition of Granville Richard Ryder, of No. 2, Princesterrace, Knightsbridge, in the county of Middlesex, Esq., whose name is subscribed. is a person who claims to have had a right to be returned Sheweth,-1. Your petitioner, Granville Richard Ryder, at the above election. 2. And your petitioner states that the election was holden Alfred Lush, and Edward William Terrick Hamilton were on the 18th Nov. 1868, when your petitioner, and John candidates, and a poll was demanded on behalf of the said Edward William Terrick Hamilton, which was taken on the 19th Nov. 1868, and on the following day the returning officer returned the said John Alfred Lush and Edward William Terrick Hamilton as being duly elected. 3. And your petitioner says that the numbers of votes recorded at the said election for the several candidates were as follows: For the said John Alfred Lush, 748; for the said Edward William Terrick Hamilton, 679; and for your petitioner, 623; and your petitioner further says that of the said votes so recorded for the said Edward William Terrick Hamilton, 295 or thereabouts were those of persons who, though registered, were not entitled to vote at an election of members of Parliament for the said borough of New Sarum, by reason of their not being rated to, and not baving paid all poor rates for, the parishes in which they respectively resided during the twelve months ending on the last day of July 1868, and that in fact your petitioner had a majority of good and legal votes over the said Edward William Terrick Hamilton at the said election. Wherefore your petitioner prays that it may be determined that the said Edward William Terrick Hamilton was not duly elected or returned, and that your petitioner was duly elected, and ought to have been returned. GRANVILLE RICHARD RYDER. This petition had been turned into a special case, under an order of Willes, J., dated the 2nd Jan. 1869. The following is a copy of such case as agreed upon between the parties, and approved : CASE. At the last election for the borough of New Sarum, the petitioner and the respondent and John Alfred Lush, Esq., were respectively candidates. The nomination took place on the 18th Nov. 1868, when the show of hands was declared to be in favour of the said John Alfred Lush and the petitioner, and a poll was demanded on behalf of the respondent, which was taken on the following day, and on the 20th Nov. 1868 the respondent and the said John Alfred Lush were returned by the returning officer as being duly elected. The numbers of votes recorded for the several candidates were as follows: For the said John Alfred Lush, 748; for the said respondent, 679 and for the petitioner, 623. Previous to the passing of the Representation of the People Act 1867, a system of charging the rates of small tenements on the owners, and of compounding for the same, had existed in the three city parishes of the said borough of New Sarum under the provisions of a local Act (11 Geo. 4, c. lxxvi.), a copy of which said local Act accompanies this case, and is to be taken as part thereof. Previously to the year 1856 a composition existed in the city of Salisbury under the local Act (11 Geo. 4, c. lxxvi.). By a resolution of the board of churchwardens and overseers, the following circular was issued to the owners of all the small tenements within the city. Salisbury, 21st May, 1856. Sir, I am directed to inform you that the board of churchwardens and overseers of the united parishes of this city have resolved to discontinue the present composition on the cottage property in the city, and to rate the owners of the same at 1s. in the pound on three-fifths of the gross rental after deducting one-third for rates. I am further to inform you that the churchwardens and overseers are willing to compound with the owners at 1s. in the pound on one-half the rental after the deduction of one-third in accordance with the terms of the local Act. Should you be desirous of compounding for the cottages of which you are The said local Act recites, among other things, that the city of New Sarum consists of three parishes, that is to say, the parish of St. Thomas, the parish of St. Edmund, and the parish of St. Martin; and by sect. 2 it is enacted as follows: "That in all cases where either the yearly rent or the yearly value of any house, building, tenement, apartment, or hereditament within the said city shall not exceed 10., or where any house, building, tenement, apartment, or hereditament within the said city, whatever the yearly rent or value of the same may be, shall be let for any less period than one year, or shall be let in separate apartments or in lodgings, furnished or unfurnished, for any period of time whatever, then, and in every such case, it shall and may be lawful to and for the aforesaid churchwardens and overseers, or person or persons making any rate or assessment by virtue of this Act, or by virtue of any other Act, or law, or statute, relating to the relief or management of the poor, and he and they is and are hereby authorised and required, in and by every and any such rate or assessment, at his and their discretion, to rate and assess the landlord or landlords, owner or owners, lessor or lessors, of all and every or any such house or houses, building or buildings, tenement or tenements, apartment or apartments, hereditament or hereditaments, or any person or persons receiving, either on his, her, or their own account, or as the agent of any other person or persons, or body or bodies corporate or collegiate, or claiming to be entitled to the rents of any such house or houses, building or buildings, tenement or tenements, apartment or apartments, hereditament or hereditaments, for the payment of every and any such rate or assessment as if he, she, or they were the actual occupier or occupiers thereof respectively. And in each and every such case each and every such landlord and landlords, owner and owners, lessor and lessors, and person or persons so receiving or claiming to be entitled to the rents as aforesaid, shall then and from thenceforth, and until the expiration of the period for which such rate or assessment shall be made and paid, and until the whole of such rate or assessment shall be collected, and until some other person or persons shall be rated to or pay the same, be and be deemed and taken to be, for the purposes of this Act, the occupier and occupiers of such premises, and shall thereupon be rated to, and from time to time shall pay, the rates or assessments charged upon such houses, buildings, tenements, apartments, and hereditaments respectively, and upon nonpayment thereof, or of any part thereof, or of any composition for the same, or any arrears thereof, the said rates and assessments shall and may be levied by distress and sale of the goods and chattels of such landlord or landlords, owner or owners, lessor or lessors, or person or persons so receiving or claiming to be entitled to the rents as aforesaid, wheresoever the same may be found respectively, by warrant under the hands and seals [C. P. of any two justices of the peace of and for the city of New Sarum, who are hereby authorised and required to grant and issue such warrant upon every application made to them for the same in the form hereinafter mentioned: Provided always that nothing herein contained shall extend to authorise the assessment of any such landlord or landlords, owner or owners, lessor or lessors, or person or persons so receiving or claiming to be entitled to the rents as aforesaid in respect of any house, building, tenement, apartment, or hereditament which shall be bona fide let by such landlord or landlords, owner or owners, lessor or lessors, or person or persons receiving or claiming to be entitled to the rents as aforesaid, to any one individual tenant, the immediate occupier thereof, for the period of one year at the least, and the rent whereof shall not be received at shorter periods or intervals than by quarterly payments, or be collected or received in the whole or in part until the expiration of the quarter." By sect. 4 of the local Act, it is enacted, "That in all cases where any landlord or landlords, owner or owners, lessor or lessors, or the person or persons so receiving or claiming to be entitled to the rents as aforesaid (not being the occupier), shall, in respect of any such house, building, tenement, apartment, or hereditament as aforesaid, be rated or assessed for the same in pursuance of this Act, the rates and assessments in respect of the same shall be made upon a reduced rental of not more than three-fifths of the full rack rent or annual value of such premises, instead of being rated or assessed upon the full rack rent or annual value thereof." By sect. 5 of the local Act, it is enacted, "That it shall be lawful for the said churchwardens and overseers to compound if they shall think proper with the landlord or landlords, owner or owners, lessor or lessors of any such house, building, tenement, apartment, or hereditament, or person or persons receiving or claiming to be entitled to the rents as aforesaid, for the payment of the said rates or assessments at such a reduced rental as the said churchwardens and overseers shall think reasonable, and vary, discontinue, and renew such composition from time to time as they shall thirk expedient, so that no such house, building, tenement, apartment, or hereditament, be rated at less than onehalf of the actual rent at which the same shall be let, or of the annual value of such house, building, tenement, apartment, or hereditament, and that the composition money be paid and payable whether the same be occupied or not." The sections of the Representation of the People Act 1867, which are material to this case, are the 3rd, 7th, 8th, and 56th. On the 26th Aug. 1867, the churchwardens and overseers of the said three city parishes of the said borough of New Sarum, made a rate for the relief of the poor, which rate was confirmed on the 29th of the same month. This rate was made and charged in the case of dwelling houses under the annual value of 10% in accordance with the practice previously adopted and in force under the provisions of the said local Act upon the owners instead of the occupiers or tenants, and the names of the latter do not appear upon the rate book. The said last-mentioned rate was paid by the owners in the cases last-mentioned, and not by the occupier or tenant, and the following remarks precede the pages of the rate books where the owners are charged instead of the occupiers or tenants:--"In the following cases the churchwardens and overseers having compounded with the landlords or owners for payment of the poor rates at the reduced rental of one-half of the actual rent, such composi tions to be made payable whether the property be occupied or not. The landlords or owners are rated |