The Tyne Improvement Commissioners, Appellants, against The Churchwardens and Overseers of the Township of Chirton, Respondents
| Jurisdiction | England & Wales |
| Judgment Date | 26 January 1859 |
| Date | 26 January 1859 |
| Court | High Court |
English Reports Citation: 120 E.R. 1002
IN THE COURT OF QUEEN'S BENCH AND EXCHEQUER CHAMBER
S. C. 28 L. J. M. C. 131; 5 Jur. N. S. 865; 7 W. R. 242. Discussed, Jones v. Mersey Docks, 1865; 11 H. L. C. 472. See Mersey Docks and Harbour Board v. Lucas, 18783, 8 App. Cas. 901; Coomber v. Berkshire JJ., 1883, 9 App. Cas. 74. Dictum adopted, Bray v. Lancashire JJ., 1889, 22 Q. B. 489.
[516] the tyne improvement commissioners, Appellants, against the churchwardens and overseers of the township of chirton, Respondents. Wednesday, January 26th, 1859. By local Acts, Commissioners were empowered to make and maintain docks in the river Tyne, and, for that purpose, to borrow money upon mortgage of the rates and dues to be levied under the Acts: such rates and dues to be applied, first, in making and maintaining the docks; secondly, (a) "For repealing the duties of assessed taxes, and granting new duties in lieu thereof," &c. (6) Lord Campbell C.J., Wightman, Crouapton aud Hill Js. 1 EL & EL. 517. THE OVERSEERS OF CHIRTON 1003 in paying the interest of the loan; and, lastly, in appropriating yearly a certain amount an a sinking fund for repayment of the principal. It was further provided, that if, after such appropriations, and before complete payment of the principal, there should remain any surplus, the Commissioners should from time to time lower the rates and dues to the extent of such surplus. The Commissioners were also empowered, after payment in the manner aforesaid, and after the extinction of the debt, to appropriate yearly a certain amount, the whole accumulation not to exceed 10,0001., to be invested as a fund for extraordinary repairs and expences: and if, after such accumulation, there should be any surplus of the rates, the Commissioners were empowered to reduce them to the annual amount necessary for the maintenance and working of the docks.-The docks were completed, and used by ships frequenting the river Tyne: and the Commissioners received an income of 10,0001. per annum from the said rates and dues.-Held, that the Commissioners were rateable to the poor's rate in respect of their occupation of the docks; such occupation not being exclusively for public purposes, but producing a benefit only to a particular section of the public; and there being nothing in the Acts expressly excluding, in the event of a surplus, the payment of poor's rates out of the funds in the hands of the Commissioners, before the rates were reduced. [S. C. 28 L. J, M. C. 131; 5 Jur. N. S. 865; 7 W. E. 242. Discussed, Jones v. Mersey Docks, 1865, 11 H. L. C. 472. See Mersey Docks and Harbour Board v. Lucas, 1883, 8 App. Gas. 901; Coomber v. Berkshire JJ., 1883, 9 App. Gas. 74. Dictum adopted, Bray v. Laiicashire JJ., 1889, 22 Q. B. D. 489.] The appellants appealed against three several rates, dated 5th April, 1858, 5th July, 1858, and 13th December, 1858. Under the first assessment they were rated as follows. Name of owner. Name oE Occupier. Ue.scription of Property rated. Name or .situation of Property. Rateable Value. Hate at la. in the pound. River Tyne Improvement Commissioners. River Tyne Improvement Commissioners Northumberland Dock and premises. Hayhole. £10,000 £500 The two other rates were in the same form, except that they were at 6d. and 9d. in the pound respectively. A ease was stated by consent of the parties, the material part of which was as follows. £517] By stat, 13 & 14 Viet. c. Ixiii.(a) certain persons were appointed called " The Tyne Improvement Commissioners," who were to be the conservators of the port of Newcastle upon Tyne, and of the river Tyne. By The Tyne Improvement Act, 1852, 15 Viet. c. cx.(6), power is given to the Commissioners, among other things, to make and maintain certain piers, landing places, docks, basins, locks and other works, to be called The Northumberland Docks. By the same Act they are empowered to borrow a certain amount of money, in respect of the said docks &c., on mortgage of the rates, dues and moneys to be levied under the Act. Sect. 66 empowers the Commissioners to demand and receive certain tonnage rates and tolls on goods, specified jn the several schedules to the Act, "so soon as the said docks or basins, or any part thereof, shall be completed and fit for the reception of vessels :" such rates and tolls being, by the...
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