§ SIR CHARLES W. DILKEasked the President of the Local Government Department, Whether his attention has been called to the case of the overseers of St. Werburgh v. Hutchinson, reported in the "Justice of the Peace" for 6th December last, in which it was decided that when an outgoing occupier quits premises before the expiration of the period for which a poor rate is made and the premises remain unoccupied, the outgoing occupier is liable for the whole of the rate; whether he has considered the severity of the fine thus imposed on persons for a mere change of residence; and, whether he is prepared to propose any amendment of the Law thus declared?
§ MR. SCLATER-BOOTHSir, my attention has been called to the case re- 426 ferred to, in which the decision was to the effect stated in the Question. It has been the law ever since the statute of Elizabeth that a poor-rate which is made to cover prospective expenditure during the estimated period becomes due immediately after its allowance by the Justices, and the occupier at that time is liable to pay the whole amount. If this were not so the parish officers would be involved in difficulty, as any occupier might allege that he was going to quit before the end of the half-year, and claim to pay part of the rate only. With regard to the broken periods there is, no doubt, some complication. If an outgoing tenant has not paid his rates, the law provides that the incoming tenant shall be liable for so much as is due in respect of his own term of occupation; but if, on the contrary, the outgoing tenant has paid the rates for the whole period, it is doubtful whether he can recover the like proportion from the incoming tenant. To this extent, perhaps, the law might be properly amended, although the general principle of it is evidently designed for the protection of the interests of the ratepayers as a body. It would, however, entail endless difficulties if an occupier could refuse to pay his full rate on the ground that he was going to quit before the end of the half-year, or if the overseers were obliged to refund to him a portion of his rate. Every tenant knows what his legal obligations are, and it is for him when taking his house to make his contract accordingly.