Barcy
and his
family solely
as a
house and in no
private dwelling
way for public purposes,
ar
the transaction of public Duties. He is not bound to reside there but might if so disposed hive any
other house and reside in it without
1 any Regulation or Duty.
violating
The prerogative of the Crown in respect of its exemption and that of its Servants from
Rates, Sollo Ve is fully discussed in the following recent cases. Jones ~ the
N
The Marsey Dock's (House of Lords)
Westover v
1 Bar. Rep. 143.
Perkins
28 Law Journal. Mc. & 227
The Mayor of Weymouth v Nugent
11 Law Reporter 1072.
There
can be
no doubt that the Crown
208
is not bound by Statute unless specifically
mentioned and that the occupier and
Servants of the Crown occupying as such Crown Property
are not liable to Poor Rates
and other assessments in England. But
I am of opinion that although Captain Barcy's house must be treated as Crown Property, his occupation of it is not as a Servant of the Crown, and that he is therefore liable to Police and Lighting Rates The rate is imposed not upon the Houses but upon Occupiers. As Blackburn J. observes in delivering to the House of Lords the opinion of the Judges
first
in the
case above cited" the exemption depends
on the occupier and not on the
entirely on the
Occupier
title to the Property.
DEX