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Reports of Rating Appeals; Heard Before the London and Other Quarter Sessions, the Queen's and King's Bench Division, the Court of Appeal, and the House of Lords, 1894-1904

Reports of Rating Appeals; Heard Before the London and Other Quarter Sessions, the Queen's and King's Bench Division, the Court of Appeal, and the House of Lords, 1894-1904


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...the owner of the canteen should be gone into. Lord Macnaghten: My Lords, notwithstanding the able argument on the part of the appellant, I think that this is a very simple case. To my mind it is a question of common sense, and not a question of law. It is a question of common sense, having regard to the plain language of the Act of Parliament. What your Lordships have to consider is whether the learned arbitrator proceeded on the lines on which the Act of Parliament directs or fairly indicates that he ought to proceed. Now what has the arbitrator done? He has found that in this particular case there does not exist the ordinary basis of computation, and he has excluded any inquiry into profits. In that I think he was perfectly right, not that the profits if they could be ascertained would not be an element in arriving at the rent which a tenant might reasonably be expected to pay, but that any further inquiry into profits should be avoided because it would be oppressive. There is nothing that a tradesman so much dislikes as any inquiry into his profits. In some cases possibly it cannot be avoided, and then, according to the decided cases, it may be done; but in this case there has been no inquiry into profits. What the arbitrator has done is, he has taken into consideration the amount of business that this public-house was doing. Was he wrong in that? Surely the very first thii.g that a tenant who was going to offer for a house of this sort would do would be to consider (roughly if he could not do it accurately) what amount of business he was likely to do there. It appears to me that the volume of business done in a public-house as apparent to the man in the street, if I may use such an expression, is the very first thing that a tenant proposing to make an o...


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Product Details
  • ISBN-13: 9781130885873
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 122
  • Spine Width: 7 mm
  • Width: 189 mm
  • ISBN-10: 1130885879
  • Publisher Date: 01 Mar 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 231 gr


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Reports of Rating Appeals; Heard Before the London and Other Quarter Sessions, the Queen's and King's Bench Division, the Court of Appeal, and the House of Lords, 1894-1904
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