are brought to the place for which they are destined, for the use of the inhabitants; or, at any rate, they are there made profitable by the charge for carriage, and are liable to create labour by requiring persons to receive and forward them who may become chargeable to the poor-rates. And although by forming a canal, each township through which it passes, and in which no goods are landed or tolls become due, by the use of lock or otherwise, be deprived of the rate of so much land as is taken to the canal, yet it is at the same time eased of labourers, who might be liable to become paupers by its future cultivation.

Rex

V.

appealed to Stafford

"Rex v. Staffordshire Canal, 8 Term. Rep. 340.-The defendants appealed to the quarter sessions for the county of Worcester, against a rate made in December last, for the relief of the poor of the chapelry or hamlet of Lower Mitton, in the parish of Kidderminster, in the county of Worcester, whereby they were rated for their basins, their towing-paths, and that part of the canals and the locks lying

shire Ca

nal.

within Lower Mitton, and for the tolls and duties arising therefrom, due at Lower Mitton, on 1500l. at the sum of 751.; for their lands, wharfs, cranes, weighing machines, and timber yards in their own possession, on 127. at the sum of 12s.; and for part of Jones's land, in their own possession, on 27. 10s. at the sum of 2s. 6d. On hearing the appeal, the sessions confirmed the rate on the company for their lands, wharfs, cranes, weighing machines, and timber yards, in their own possession, on 127. at 12s. ; and for part of Jones's land, also in their possession, on 27. 10s. at 2s. 6d., without opposition. The court also confirmed the rate on the company for their basins, towing-paths, and that part of their canal, and the locks lying within Lower Mitton, and for the tolls and duties arising therefrom, due at Lower Mitton, on 1500l. at 757. in manner following; viz. they confirmed the rate on 751. upon the said 15007. so far as respects 350l. (part of the sum of 10,000l. after mentioned), payable for and in respect of the lock-duties

on passing through the locks lying within Lower Mitton, hereinafter described, without opposition; and they also confirmed the rate of 751. upon the said 1500ễ, so far as respects the residue of the said 10,000%. after mentioned, payable for and in respect of the tolls and duties due at Lower Mitton, hereinafter also described, subject to the opinion of this court as to the last charge on the following case:-The rate was duly allowed and published. By an act of 6 Geo. 3. the company are empowered to take rates and duties for tonnage and wharfage for all goods conveyed on the canal, not exceeding 1d. per mile for every ton, and so in proportion for any greater or less quantity than a ton; which rates and duties are directed by the act to be paid to such persons, at such places near the canal, in such manner, and under such regulations, as the company shall appoint, with a power of distress in case of non-payment. It is further enacted, that for the more easy collecting of rates and duties, the master, &c. of every vessel

navigating on the canal shall give a just account in writing, signed by him, to the collectors of the tonnage or duties, at the places where they attend for that purpose, of the quantities of goods in such vessel, from whence brought, and where they intend to land the same; and if such goods be liable to pay different tolls, then such master, &c. shall specify the quantities liable to the payment of each toll; and in case they neglect or refuse to give such account, or give a false account, or deliver any part of their loading at any other place than is mentioned in that account, they are to forfeit to the company 10s. for every ton of goods so falsely accounted for, &c. over and above the respective rates and duties payable for the same, and recoverable in the same manner, &c. By another act of 10 Geo. 3. the company are authorized to take tonnage proportionably for any less distance than a mile which any commodities shall be conveyed on the canal; to be collected, recovered, and applied as the former tonnage-rates; and the vessels, &c.

passing through the two locks erected between the river Severn and the canal basin, are to pay a toll or lock-due at the rate of 1d. per ton, in lieu of the tonnage of 1d. per mile, fixed by the said recited act; and the said tolls or lock-dues are to be collected, recovered, and applied as before directed, &c. By the same act of 10 Geo. 3. it is enacted, that the shares of the company, which by the former act the proprietors held in the nature of real estates, shall be deemed personal estates, &c. The lockdues received by the company in the last year, for boats and other vessels passing through the said two locks, which locks are locally situate in the hamlet of Lower Mitton, amounted to 350%. The tonnage of the goods brought in boats down the canal and landed at Stourport, which is in the hamlet of Lower Mitton and the termination of the canal, or transhipped therefrom on board canal boats to Severn barges, amounted in the year 1798 to 9650l., making, together with the said 350l. the sum of 10,000l.: which sum of 9650l. arose