Rush, in Replevin, v The Guardians of The Poor of The Roscommon Union and Thomas Conry

• Jurisdiction: Ireland
• Judgment Date: 15 November 1852
• Date: 15 November 1852
• Court: Queen's Bench Division (Ireland)

Queen's Bench

RUSH, in replevin,

and

THE GUARDIANS OF THE POOR OF THE ROSCOMMON UNION and THOMAS CONRY.

Lucanƒ€™s case 13 Ir. Law Rep. 44.

The Churchwardens of Birmingham v. Shaw 10 Q. B. 868.

Lynch v. The Guardians of the Ballinrobe Union 3 Ir. Jur. 254.

Marshall v. PitmanENRENR 9 Bing. 595; S. C. 2 M. & S. 745.

Hutchins v. ChambersENR 1 Burr. 580.

14 COMMON LAW REPORTS. M. T. 1852. it passed an estate to the trustees, for there is on it a plain purpose Queen's Bench of appointing trustees to carry out the trusts of her husband's CHURCH *ill ; and the execution of those trusts required a legal estate to be v. DALTON. in the trustees. She has used language amply sufficient to carry out those several trusts specified in that will. The special verdict must be found for the plaintiffs. Judgment for the plaintiffs. RUSH, in replevin, v. THE GUARDIANS OF THE POOR OF THE ROSCOMMON UNION and THOMAS CONRY. Nov. 12, 15. Tins was a special case, stated for the opinion of this Court, by Two Poor-law rates were made on ear- consent. fain premises on the 21st The action was one of replevin, brought by the plaintiff against o8 1847, and 21st the Guardians of the Roscommon Union and his , for taking s goods of December chattels as a distress for poor-rate. The defendants avowed, and 1848; the rated premises made cognizance for this distress-to which avowry and cognizance were under £4 per annum the plaintiff pleaded three pleas, and on these pleadings the follow value, and one M. was rated ing case was submitted :Âas immediate lessor, but no The defendant Thomas Conry was the collector of poor-rates for person was named as oc- the Guardians of the Roscommon Union; and the rates, in respect of cupier in the rate book. which the distress was levied, were made respectively on the 21st When the of December 1847, and the 21st of June 1848. The premises rated rates were made, A. held the premises under a lease from M., made before 6 & 7 Vie., c. 92, he being then the immediate lessor; but before the levy of the rate A. had ceased to occupy the premises, and the plaintiff in 1850 became the occupier as yearly tenant to M. The rates not being paid by M. within four months after the making of them, the plaintiff was required to pay them as occupier, and he having refused, the premises were &s-trained. Held, such distress was legal, because the person liable to the rate cannot set up an error in the rate book as a defence to a distress for the rate, the rate being a valid rate. Semble.-The proper course would have been an appeal against the rate. COMMON LAW REPORTS. 15 averaged from £2 to £4, and one Marcus M'Causland was rated as M. T. 1852. the immediate lessor, and no person was named as occupier in the Queen's Bench rate book. At the time the rates were made, one Mary M`Govern RUSH V. held the premises...