The King against the Commissioners of the Navigation of Salter's Load Sluice to Stanground Sluice
| Jurisdiction | England & Wales |
| Judgment Date | 13 June 1792 |
| Date | 13 June 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 100 E.R. 1270
IN THE COURT OF KING'S BENCH
12 East, 42.
Over-ru;ed, Jones v. Mersey Docks, 1865, 11 H. L. C. 443.
1270 the king v. salter's load sluice t,r. 730. [730] the king against the commissioners of the navigation of salter's load sluice to stanground sluick. Wednesday, June 13th, 1792. By an Act of Parliament the commissioners of a navigation were authorized to take certain tolls, the whole of which were directed to be applied to public purposes ; held, that the tolls were not rateable to the poor. [12 East, 42.] [Over-ruled, Jones v. Mersey Docks, 1865, 11 H. L. C. 443.] A poor rate, by which the defendants were assessed to the relief of the poor in the parish of Stanground, for the tolls of a sluice, was confirmed at the Ely Sessions, subject to the opinion of this Court on the following case : In that part of the parish of Stanground which is within the Isle of Ely, a certain sluice was erected in the year 1640, called Stanground Sluice, and was supported by the Corporation of the Bedford Level, as a work of drainage only, across a navigable river called the river Nene, to prevent the waters running down the said river, and to turn the same down a new cut, called Moreton's Leam. In the year 1753 it was found necessary to apply to Parliament for an Act to improve the navigation of the river Nene; and accordingly, in the 25th of Geo. 2, an Act was obtained for improving and preserving the navigation from Salter's Load Sluice in Norfolk to Stanground Sluice, &c. ; in which certain tolls were made payable at the said Sluice in the parish of Stanground, by every person who should carry or convey any goods through it up or down the river. The tolls are collected at the sluice by an officer resident there, and appointed by the commissioners under that Act; and they are by the said Act vested in the commissioners, and directed "to be applied and disposed of for the several uses and purposes of the said Act, and to no other use or purpose whatsoever." The commissioners have borrowed upon mortgage of the said tolls, with other tolls arising upon the said navigation, 10,0001.; eight years' interest of which is now in arrear. The tolls arising from such navigation amount to 501. per annum. Bower and Dauncey, in support of the order of sessions, contended (a)1, that these tolls, which are due and collected in the parish of...
To continue reading
Request your trial
-
In Cork Corporation v Commissioner of Valuation
...6 C. L. 420. (5) 11 H. L. C. 443, at p. 501. (6) 2 Cl. & F. 331. (7) [1911] 2 I. R. 579. (1) [1899] 2 I. R. 214. (2) 11 H. L. C. 443. (3) 4 T. R. 730. (4) 7 B. & C. 61. (5) 6 A. & E. 645. (6) 7 B. & C. 70, note. (7) 6 Q. B. 787. (8) 13 Q. B. 116. (9) 15 Q. B. 1012. (10) 5 A. & E. 1. (11) 10......
-
The Queen against the Inhabitants of Exminster
...cases, in addition to those mentioned in the text, were cited and commented upon. Rex v. The Commissioners ofSalter's Load Sluice (4 T. R. 730), Rex v. Woodward (5 T. R. 79), Rex v. The Trustees of the River Weaver Navigation (7 B. & C. 70, note (c)), Rex v. Waldo (Cald. 358), Rex v. Eyles ......
-
Harte v Holmes
...3 E. & B. 336. Queen v. Shephard 1 Q. B. 170. Queen v. StewartENR 8 E. & B. 360. Reg. v. Commissioners of Salter's Load SluiceENR 4 T. R. 730. Reg. v. LiverpoolENR 7 B. & C. 61. Reg. v. M' CannELR L. R. 3 Q. B. 141, 677. Reg. v. Overseers of West DerbyELR L. R. 10 Q. B. 285. Reg. v. St. Mar......
-
The King against The Mayor and Commonalty of York
...profits be by law exclusively applicable to sach purpose, as under Acts of Parliament; Rex v. The Commissioners of Sailers' Load Sluice (4 T. R. 730), Rex v. Liverpool (1 B. & C. 61). So the occupier of an exhausted coal mine is not rateable; Rex v. Bed-worth (8 East, 387). And even where p......