Bridewell Royal Hospital:
Minutes of the Court of Governors
BR | MG

26th April 1781 - 12th July 1792

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Image 418 of 51421st April 1791


Continued Thursday 21st. April 1791 .

Comprising the same facts before an eminent Counsel (Mr. Shepherd) whose
Opinion of which a copy is annexed Justifies them in saying that the Inhabitants
in Question have clearly rendered themselves liable by virtue of their Contracts to
Pay all such Sums as should be rated and agreed upon at a Meeting of the
Chapel Wardens in proportion with the other Occupations of Grounds or Houses
in Bridewell Precinct towards the expences before enumerated-All which
your Memorialists submit to Your consideration not at all doubling but that you
will interpose in a suitable way to procure them speedy and effectual Relief.

The Opinion referred to by the foregoing Case

The Two Cases of Williams V. Pritchard and Eddington V. Borman
in the Term Reports of Michas 31st. Geo: 3d. have settled the General Law of
this Case: Namely that the Inhabitants of Houses Etc. on the new Embanked
Ground are exempt from all Taxes and Assessments whatsoever in respect of such
Ground or any Buildings or Erections thereon and therefore after those decisions
the only Question remaining is whether there are any particular circumstances
in the case of Bridewell Precinct to take it out of the General Rule and I think
there are after the Ground which was the property of Bridewell Hospital was
Embanked the Governors Leased it to Tenants and Covenants were inserted in
the Leases that the Tenants should pay all such Sums as should be rated and
agreed upon at a Meeting of the Chapel Wardens towards the Charge of certain
Rates in proportion with the other occupiers of Ground or Houses upon the
fooling of this Contract these Tenants have joined in Acts at the Vestry in
making a composition for paving and Lighting and in borrowing Money
to be applied to the same Purposes These Tenants therefore are clearly liable
to an Action of Covenant at the Suit of their Landlords for the non payment
of the Money they have specifically covenanted to pay but I much doubt
whether they can be distrained upon in the same manner with the other
Inhabitants: for the Clause of Distress given by 11th Geo: 3d is given against
persons who are rated in pursuance of that Statute; now these persons according
to the Doctrine of the two Cases before alluded to are not assessed or assessable
by virtue of that Statute but are only liable to pay a Sum of Money by virtue of
their Contract to be asertained according to the proportion of other Assessments.

S. Shepherd April 6th. 1791.

It is Ordered that the consideration of this Memorial be referred to the
Committee of this House and that all the Gentlemen of the prosession of the Law
who are Governors be requested to attend who are desired to report their Opinion
thereon to this Court.

Lords This, Grace he Duke of
Watson Brook
Le Masurior Paul < no role > Esqr . Aldn .
Fletcher Harley< no role >
Kilham Leonard< no role > ,
Woodhouse Francis< no role >
Harton John Shadwell
James Rice
Caverly Thomas
Kennell The Revd. Brackley D. D.
Slubbs George
Dixon Mr. Deputy Richard
Chosen Stewards for next
Election Feast


At this Court the Governors after named Vizt. His Grace the Duke of Leeds
Brook Watson< no role > Esqr . Aledeman Paul Le Mesurier< no role > Esqr . Alderman Henry Fletcher< no role > Esqr .
Leonard Kilham< no role > Esqr . Francis Woodhouse< no role > Esqr . John Shadwell Horton< no role > Esqr . Rice
James
< no role > Esqr . Thomas Calverly< no role > Esqr . The Revd. Brackley Kennett D: D: George Stubbs< no role >
Esqr . and Mr. Deputy Richard Dixon< no role > were chosen Stewards for the next Election
Day who are desired to provide a Dinner at their own Bien Venue for the
President Treasurer and Governors to Dine together according to antient Custom




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