ever. 1823. The KING v. INGHAM. Lord Manvers, as lord of the manor, during his occupation; but it does not appear that any such payment was made by the person who originally erected the building upon the waste; and therefore, though the pauper may possibly have HAGWORTH acquired the character of tenant from year to year to Lord Manvers, he is still without any interest in the land derived either from Bailey or Goodwin, his predecessors, because their erection and occupation of the house under a licence from the lord, does not amount to any legal estate whatWe think the present case is precisely similar to that of Rex v. Horndon-on-the-Hill, and must be governed in principle by it; and that case clearly decided, that a mere licence to build on the waste does not convey a grant of any estate in the soil, legal or equitable. The observations of Lord Ellenborough in that case are very decisive. He says, "We cannot take into our consideration what it may be conjectured a court of equity would determine in this case. Perhaps a court of equity might interfere, but can we say with certainty that it would? We ought to see that the party has clearly an equitable interest, and not merely such a claim as might possibly induce a court of equity to interpose in some way or other. This was a mere personal licence. The pauper here never had a more perfect estate than the licence gave him, that is, a permission to occupy." Upon this authority, therefore, and upon the ground that there was no purchase in this case of any estate or interest in the land or the building, we are of opinion that no setment was acquired by the pauper. Rule absolute for quashing the Order of Sessions. 1823. ford Paving and Lighting The KING . The COMPANY of PROPRIETORS of the By the Man- THIS was an appeal against a rate made by the commischester and Sal- sioners of police of Manchester and Salford, upon certain water pipes, trunks, and other apparatus of the defendants, used by them for supplying those towns with water. The Sessions on appeal confirmed the rate, subject to the opinion of the Court, upon the following case : Act, 32 Geo, 3. the tenants and occupiers of all messuages, houses, and other ground, and other tenements within the same warehouses, shops, cellars, The defendants are a body corporate and politic, and by vaults, stables, coach-houses, stat. 49 Geo. 3. c. 192. s. 32. are empowered to make and brew-houses, maintain the necessary works and apparatus for supplying the buildings, gar- towns of Manchester and Salford with water. They have dens, gardenan office and yard in the town of Manchester, which they rent from the owners thereof; and they have also main pipes running through many of the streets of Manchester, from which service pipes convey the water to the several dwelling-houses of the persons whom they supply. By sec. 55 of the same statute, inhabitants wishing to have water from the defendants' works, are authorized, with the consent of the defendants, and with the consent of the towns, are li able to be rated for the purposes of the act. Under Manchester and rateable as oc- tenement, in re owners of the premises through which the pipes shall pass, at their own expence, to open the ground between the main spect of their pipes and their houses, and to lay down pipes communiwater pipes carried under cating from the one to the other, upon payment of certain ground, for yearly rates to be agreed on. And in default of payment supplying those towns thereof, the defendants are authorized to remove the pipes, with water. and to recover the arrears by distress and sale, the pipes to be restored to the persons who originally provided them. By stat. 2 Geo. 4. the defendants are compelled to furnish a sufficient supply of water, in the manner directed by the former acts, to every inhabitant occupying a private dwelling house, or a part thereof, in any part of the said towns, for the use of his family, at certain annual rates therein specified, and varying in proportion to the rent of the houses of 1823. The KING v. MANCHESTER the inhabitants, 107. per annum being the maximum, and 12s. per annum the minimum of such rates; and when water is supplied for any other purpose than the consumption of private families, a further rate to be paid according to agreement between the parties. In practice, the service pipes are sometimes put in by the company's plumber, and sometimes by the persons who receive the water. Sometimes the tenant bears the expence of the service pipe from the main pipe to his premises, and sometimes the Company pay it for him, and charge him a per centage in addition to his water rate; but the tenant always bears the expence of the pipe within his own premises. The Company have stop cocks in the different streets, to regulate the direction of the water, and in case the consumers do not pay their water rate, the Company may, and sometimes do, withdraw the supply, by cutting off the service pipes. By 32 Geo. 3. (an act for cleansing, lighting, and watching the streets of Manchester and Salford) certain commissioners are (by sect. 39) authorised once in every year to ascertain the sums to be raised by rates or assessments upon the inhabitants, "and to raise such sums by rates or assessments upon all the tenants or occupiers of all messuages, houses, warehouses, shops, cellars, vaults, stables, coach-houses, brewhouses, and other buildings, gardens, garden-ground, and other tenements, situate, standing, lying and being within the said towns respectively, according to the annual rent or value of the same respectively." In pursuance of this clause, the Company were duly rated in respect of their office and yard in Manchester, in which assessment they have acquiesced; they were also further rated" in respect of your pipes, trunks, apparatus, works and tenements in the township of Manchester, for and concerning the conveyance and supply of water in that township, and the profits arising therefrom in the same township, 33l. 15s." The Company have no property in the township of Manchester, except that specified in the assessment: their reservoirs, engines, and engine-houses being in the township of Beswick. WATER WORKS. 1823. The KING v. MANCHESTER Against this latter assessment the Company appealed. The Sessions were of opinion, that the defendants were, under the above circumstances, to be considered as beneficial occupiers of the pipes, &c. mentioned in the assessment, and confirmed the rate. This case was argued before Bayley, J., Holroyd, J., and Best, J., at the Sittings held at Westminster after last Hilary Term. J. Williams, Starkie, Armstrong, and Courtenay, argued in support of the order of Sessions, and cited Rex v. The Rochdale Water Works (a), Rex v. Macdonald (b), Rex v. Nicholson (c), Rex v. Bell (d), and Rex v. Jolliffe (e). Coltman argued contrà, and cited 2 Rol. Ab. 57. 1. 7. 12. Com. Dig. tit. Tenement, E. 2. Rex v. Bell. Rex v. Jolliffe. Hollis v. Goldfinch (f). The Duke of Newcastle v. Clark (g). Atkins v. Davis (h). Stanley v. White (i), and Rex v. Bath (k). The Court took time to consider the case, and the judgment was now delivered by BAYLEY, J.-The question raised for the opinion of the Court in this case was, whether the Company, in respect of their pipes, trunks, and other apparatus for supplying the towns of Manchester and Salford with water, were liable to the payment of rates, under the 32 Geo. 3., as the occupiers of the water-way; or, in other words, whether their occupation of that water-way was to be deemed a tenement within the meaning of that act. By the 39th section of that 1823. The KING 0. WATER act, "the tenants and occupiers of all messuages, houses, warehouses, shops, cellars, vaults, stables, coach-houses, brew-houses, and other buildings, gardens, garden-ground, and other tenements," are made liable to be rated. It does MANCHESTER not adopt the language of the 43 Eliz. c. 2, "land and WORKS, houses," but it confines itself to the various kinds of property which I have specified; the word "land" is no where to be found, but the word "tenement" is used; and therefore the decisions upon the statute of Elizabeth will not apply to the present case, unless the word " tenement " here used, is to be construed as equivalent to, or comprehended in, the word " land." This is an act " for cleansing, lighting, watching, and regulating, the streets, lanes, passages and places within the towns of Manchester and Salford, and for widening and rendering more commodious, several of the said streets," &c. One of the chief objects of the act, therefore, was clearly to provide for the proper security, peace, and accommodation of persons dwelling in and passing along these towns, and the rate is to be made upon those persons, namely, upon "the tenants or occupiers of any messuage," &c. there situate. It is observable, that wherever the word " tenement occurs in the act, it is invariably associated with some other term denoting a building of some kind or other. In the 39th section, which directs the commissioners to ascertain the sums to be raised by rates or assessments, and enumerates and describes the persons upon whom these rates are to be made, the word " tenement" occurs; but in what connexion ? "Other buildings, gardens, or garden-ground, and other tenements.” By the 40th section, the demand of the rate is to be left at "the dwelling-house or tenement " occupied by the person rated. The 41st section recites, that "several messuages, dwelling-houses, &c. in the town, are let out in lodgings and tenements to different tenants," and provides, that " every such messuage and dwelling-house, or tenement," shall be liable to a rate. These are the principal instances in which the word "tenement " is used in the course of the act, and |