Forrest and Others, Appellants, against The Churchwardens, Overseers, and Governor and Directors of the Poor of the Parish of Greenwich, Kent, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1858 |
| Date | 26 January 1858 |
| Court | Court of the Queen's Bench |
English Reports Citation: 120 E.R. 332
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 27 L. J. M. C. 96; 4 Jur. N. S. 480; 6 W. R. 279. Distinguished, Cory v. Greenwich Churchwardens, 1872, L. R. 7 C. P. 504. Dictum adopted, Cory v. Hristow, 1877, 2 App. Cas. 275; R. v. St. Pancras Assessment Committee, 1877, 2 Q. B. D. 585.
[890] forrest and others, Appellants, against the churchwardens, overseers, akd governor and directors of the poor of the parish of greenwich, kent, Respondents. Tuesday, January 26th, 1858. F. moored a barge in the Thames between high and law water mark: the moorings were stationary, in the bed of the river; and the barge floated at high water and grounded at low water on the posts in the bed of the Thames by which it was ijioored, and which were in the parish of G. The barge was connected by a chain with stairs on the land, the soil of which was nob the property or in the occupation of A., and whieh was at that point a common highway to the Thames. Moveable planks were laid from the shore on to the barge, and thence to another barge (moored farther out in the Thames, and which always floated. By this means a pier was constructed, which was permanently kept there and used for embarking in steam boats and landing from them; and F. was remunerated by the parties so using; and he had the sole controul of the pier.-Held that he was rateable to the poor rate for G., as occupier of the land in the bed of the river. [S. C. 27 L. J. M. C. 96; 4 Jur. N. S. 480; 6 W. R. 279. Distinguished, Cory v. Greenwich Churchwardens, 1872, L. R. 7 C. P. 504. Dictum adopted, Cory v. Sristow, 1877, 2 App. Cas. 275; R. v. St. Pancras Assessment Committee, 1877, 2 Q. B. D. 585.] The appellants having given notice of appeal against a rate made for the relief of the poor of East Greenwich, Ktnt, by consent, and order of a Judge, the following case was, under stat. 12 & 13 Viet. u. 45, s. 11, stated for the opinion of this Court. 8 EL. Sc BL. SOT. FORREST ?'. THR OVERSEERS OF GREENWICH 333 In the pariah nf East Greenwich, in Kent, and next and extending into the river Thames (hereinafter referred to as "The River"), and which at the part thereof next to the said parish now is, and always has been, a navigable and tidal river, and common and public highway, there now is, and for one hundred years and upwards last past there has been, for all the liege subjects of this realm, to go on board of and land from boats and other vessels in the river or common and public highway, a common public shipping and landing place called Garden Stairs (hereinafter referred to as "The Stairs"), consisting of stone steps or stairs, which abut upon a certain public street and highway called Church Street in the said parish, and form a continuation of tbe same street, and which extend thence north-[891]-wards into The River, and rest upon the bed thereof, and are at high water partly covered by the same. In the year 1843 a friendly society called The United Greenwich Watermen's Floating Accommodation Society (hereinafter referred to as " The Society "), and consisting entirely of free watermen of the river Thames, whose rules have been duly certified and enrolled pursuant to the statutes in such case made and provided, was formed and constituted at Greenwich, which Society has established and now maintains, in the manner hereinafter mentioned, and in addition to, and for the more convenient use by the public of, the stairs, a floating pier or landing place for the landing, embarking and accommodation of persons desirous of landing from or going on board of boats and other vessels in The River, and with the intention of periodically dividing amongst the members of the Society the profits, if...
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