The
in the case of The King v Genott
Therefore in
(3 East 506) where a Commanding Officer had
in the
same....
Bank's an Office for the
- M
as a
transaction of Military Duties and also apartments which he occupied solely as residence for himself and his family he was held liable to be rated in respect of the apartments Lord Ellenborough CJ in delivering Judgment says "Where the property of the
Crown is in the beneficial occupation of a
subject whether he be
Civil
or
Military
#
Officer of the Crown he is equally rateable-
"For
"had
11
in these cases each of the persons rated
a
degree
of personal benefit and accommodation
from the property enjoyed by him ultra the
11
mere
use of the thing; and which
public use of
excess of personal benefit and accommodation,
#
1.
"ultra the public
ab so
use
much of salary
may
206
be considered
and emolument
"annexed to the Office, and enjoyed in respect
if it by the Officer for the time being. But
"if the use, or residence upon the property be
as the Servant of the Crown and for
"either
public purposes only, the parties having the
"immediate use
"such purposes
#
of the property merely for
are
not rateable; because the
ct
"occupation is throughout that of the Public,
"and of which public occupation the
"individuals are only the
"instruments."
means
and
That the above decision is an
authority
to this day may
be
seen
by reference to the
Case the Queen v Breton 27. L.J. Mag.
In that Case Major General Breton
p.sy.
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