Belfast Corporation v Antrim Iron Ore Company Ltd, and Arthur S. Davidson Ltd

JurisdictionNorthern Ireland
Judgment Date01 January 1930
Date01 January 1930
CourtRecorder’s Court (Northern Ireland)
[Rec. Ct., N. I.],
Belfast Corporation
and
Antrim Iron Ore Co., Ltd., and Arthur S. Davidson, Ltd.

Dock - Rateable occupation - Exclusive occupation.

A. and B. occupied certain coal yards adjoining Belfast Docks for the purpose of discharging coal ex vessels. The coal yards had offices attached, and were held under quarterly agreements from the Belfast Harbour Commissioners. Both premises were more or less permanently enclosed and fenced in by barriers, and the name of each occupier was attached to his respective yard. Early in 1927, notices terminating the quarterlyagreements were served, and on the 1st August, 1927, possession was handed over. From this time onward the defendants had to sign each month an application to the traffic superintendent of the Belfast Harbour Commissioners for an allotment of a certain area of square yards on the quay to deposit coal thereon at a certain rental, subject to the by-laws of the Harbour Commissioners. The allotment form also contained the following:—"We further agree to allow the Commissioners, their servants and officers, to have free access to the area so allocated at all times, and to observe, perform and be bound by the by-laws and regulations of the Commissioners applicable to the said premises." A. continued to occupy his office premises under a new agreement entered into after 1st August, 1927, and admitted liability for rates in...

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