CO129-122 - Sir MacDonnell - 1867 [5-6] — Page 209

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