The Trustees of the Birkenhead Docks, Appellants, against The Overseers of the Poor of the Township of Birkenhead

the trustees of the birkenhead docks, Appellants, against the overseers or the poor of the township op birkenhead. [Thursday, June 3d, 1852.] The Trustees of Birkenhead Docks are empowered, by statute, to take lands by purchase, &c., to construct works, to resell or lease land not wanted, to impose, within a certain amount, such rates for vessels using their dock as they may think proper, and to vary these rates, and to lease their wharfs, quays, &c. They are also empowered to borrow money on the security of the rates. All sums received from rates, or the sale or rents of land, are to be laid out by them in defraying the costs of the works, paying officers and servants, carrying the Act into execution, and paying the interest and principal of moneys borrowed.-Held : that they were rateable to the poor in respect of their premises :-For that, assuming that the purposes to which all the sums are appropriated by the statute are public, still it did not appear that the rates must be kept down so as only to meet such appropriation; and therefore it could not be considered that the Legislature had absolutely disposed of all the profits to purposes other than the poor rate, or that the poor-rate might not properly be paid before ascertaining the sum which would be wanted for such other purposes. [S. C. 21 L. J. M. C. 209; 17 Jur. 162. Approved, Jones v. Mersey Docks, 1865, 11 H. L. C. 512,517.] Notice being given of an appeal against a rate for the relief of the poor of the Township of Birkenhead in Cheshire, made 24th April, 1851, a case, in effect as *BL*BL.lft. BIBKENHHAD DOCK TRS. V. BIEK.ENHEAD OVBR8EER8 725 follows, was stated, by consent and by [149] order of Wightman J. under stat. 12 & 13 Viet c. 45, s. 11, for the opinion of this Court: the Acts of Parliament, after mentioned, to form part of the case. The Township of Birkenhead, in the county of Chester, was placed under the management of public commissioners by the Act of Parliament, 3 & 4 W. 4, c. Ixviii. (local and personal, public). In 1844, an Act, 7 & 8 Vicb. c. Ixxix. (local and personal, public), was passed, intituled "an Act for constructing tidal basins, a dock, and other works at Birkenhead in the county of Chester ; and for other purposes." And it was thereby eqacted (section 1) that the Commissioners constituted under stat. 3 & 4 W. 4, above referred to should be the Commissioners for carrying that Act into execution, and should be called "The Commissioners of The Birkenhead Docks," and(b) should have authority [160] to borrow on the credit of the rates and tolls by that Act granted, and of any property vested in the said Commissioners by virtue of that Act, a aum not exceeding 400,0001.; and, as a security, the Commissioners might assign over the said rates, tolls and property, or any part thereof, to the person advancing or lending the same, by way of mortgage, in the manner and form therein directed and provided, and subject and according to the provisions, and the true intent and meaning, of the Act in that behalf. By an Act, 8 & 9 Viet. c. iv. (local and personal, public), additional powers were given to the Commissioners, enabling them to borrow a further sum of money not exceeding 600,0001., on mortgage as aforesaid, and to make a floating dock within Wallasey Pool. By two other Acts, 10 & 11 Viet. cc. cclxiv., cclxv., both local and personal, public) additional powers were conferred upon the Commissioners in reference to the Birkenhead Docks. [151] By another Act, of 11 & 12 Viet. c. cxliv. (local and personal public), entitled " An Act to alter and amend the several Acts relating to the Birkenhead Commissioners' Docks, and to transfer the several powers of the said Commissioners (b) Sect. 39. ; By sects. 55, 56, the Commissioners of Woods and Forests were empowered to make grants, or aaljss or leasjes, of Crown lands to the Dock Commissioners; and, by the 57th and following sections, the Commissioners last mentioned have power to purchase lands. Sect. 124 gives them power to resell, or demise for terms of years, land not wanted. Sect. 125 gives them power to construct basins, docks, quays, wharfs and other works. Sect. 153 enacts : " That it shall be lawful for the Commissioners to demand and receive for every vessel which shall enter any of the...