The King against The Inhabitants of the Parish of Liverpool
| Jurisdiction | England & Wales |
| Judgment Date | 27 June 1827 |
| Date | 27 June 1827 |
| Court | Court of the King's Bench |
English Reports Citation: 108 E.R. 647
IN THE COURT OF KING'S BENCH.
S. C. 9 D. & R. 780. Considered, Tyne Improvement Commissioners v. Chirton Overseers, 1859, 1 El. & El. 526. Overruled, Jones v. Mersey Docks, 1865, 11 H. L. C. 443; Mersey Docks v. Gibbs, 1866, L. R. 1 H. L. 108; 11 H. L. C. 707.
the king against the inhabitants of the parish of liverpool. Wednesday, June 27th, 1827. Where, by Act of Parliament, certain persons were empowered to make a dock, and take certain rates and duties from ships resorting to it, and the same statute provided that those rates should be applied to paying off the 648 THE KING V. LIVERPOOL 7 B. & C. 6i debt incurred in making the dock, and to keeping it in repair, and that then the rates should be lowered, reserving sufficient to keep the dock, &c. in. repair: Held, that the dock company were not rateable to the relief of the poor in respect of the dock dues received by them, nor of the premises purchased or hired, and used by them for the purposes of the dock, no individual having any beneficial occupation of those premises. [S. C. 9 D. & R. 780. Considered, Tyne Improvement Commissioners v. Chirton Overseers, 1859, 1 El. & El. 526. Overruled, Jones v. Mersey Docks, 1865, 11 H. L. C. 443; Mersey Docks v. Gibbs, 1866, L. E. 1 H. L. 108; 11 H. L. C. 707.] By a rate for the relief of the poor of the parish of Liverpool, in the county of Lancaster, made 21st July 1825, and duly published and allowed, the trustees of the docks and harbour of Liverpool were assessed in the sum of 50,9531., in respect of the annual value and profits of the dock estates within the said parish, vested in them as trustees of the said docks and harbours, according to the following schedule: On the dock duties ...... £50,000 On three cranes at the new wall and the parade slip . 40 Engine-house, Bridge Street . . . . . 17 [62] Office, Salthouse Dock . . . . . 8 Ditto King's Dock . . . . . . 26 On office, Queen's Dock ..... 26 Ditto Bridge Street ...... 54 Ditto Old Dock ...... 270 Ditto Goree . . . . . . .11 Ditto yard, &c. Trektham Street .... 185 Ditto ditto . . . . 315 Against this assessment the trustees appealed to the Court of Quarter Sessions of the borough of Liverpool, upon the ground that the dock estates within the said parish are not rateable to the poor thereof. The Court being of opinion that the trustees were not rateable, amended the rate, by striking out the foregoing assessment, subject to the opinion of this Court upon the following case. The dock estates within the parish of Liverpool are vested in the Mayor, Aldermen, Bailiffs, and Common Council of Liverpool, as trustees of the docks and harbour of Liverpool, by virtue of several Acts of Parliament (viz. 8 Anne, c. 12, 3 G. 1, and 11 G. 2, e. 32, 2 G. 3, c. 86, 25 G. 3, c. 15, 39 G. 3, c. 59, and 51 G. 3, c. 143, all of which, excepting the second, are public Acts) and consist of a large quantity of land, to the extent of 100 acres. Part of those estates was granted voluntarily by the Corporation of Liverpool, part was sold by that body to the trustees for a pecuniary consideration, and other parts have been purchased by the trustees from private individuals, according to the powers given to them by the said Acts. Before the construction of the present works part of the land was waste, both above and below high-water mark, but other parts consisted of lands and buildings in the occupation [63] of individuals rated to the relief of the poor of the said parish. The dock estates at present consist of several wet docks, in which vessels may be constantly afloat, dry basins, that is to say, dry at low water, wharfs, piers, slips, cranes, weighing machines, offices, and yards for storing goods, and other conveniences requisite to form a complete dock; and the trustees are authorized to receive large sums, under the name of dock rates and duties, for the accommodation of vessels in the said docks, by virtue of the said Acts of...
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