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*d, more than ten days before "the said 20th day of joes, April, 1804, and which quays and wharfs were then * 'snd now are legal quays and wharfs, for the landing, ud Another relanding, and discharging, lading, and shipping of s"7w' goods within the port of London, according to the said 'statutes; and the said docks, quays, wharfs, and warehouses were, during all the said times, and now are in the possession of the said company, by virtue of the said statutes, and certain persons were thereof seised in their demesne, as of fee, in trust for the said companyAnd the jurors aforesaid, upon tlieir oath aforesaid, do farther say, that previous and up to the time of making and completing the said docks, basons, cuts, quays, wharfs, and warehouses, and to the same being so inclosed and certified, in manner aforesaid, to be fit for the reception of ships and goods, and up to the time of the commencement of this action, the said Benjamin and Stephen were sugar coopers, employed by divers -owners, consignees, or purchasers of sugar, in the port of London, in taking samples from and coopering the same sugars for shipment, for exportation for reasonable reward, to be therefore paid and payable to the ■aid Benjamin and Stephen, and the said Benjamin and Stephen so being such sugar coopers as aforesaid, on the 19th day of April, 1804, 115 hogsheads of sugar, belonging to certain persons using trade and commerce under the style and firm of Messrs. Perrin, Roetras, and Co. were lying and being in and upon the said premises of the said company, so inclosed as aforesaid, for the purpose of being exported therefrom, the said Messrs. Perrin, Roetras, and Co. intending to export the same therefrom, and which said persons so using trade and commerce as aforesaid, on the said 19lh day of April, 1804, had retained the said Benjamin and Stephen, as such sugar coopers as aforesaid, to cooper and thereby prepare for shipment to be exported the said last mentioned I15 hogsheads of

1805. sugar, for a certain reasonable reward, to be therefor*

paid to the said Benjamin and Stephen, whereof the

»ndBA»oiher sa'd company had notice; and were requested by the versus said Benjamin and Stephen, to permit the said Benjamin and Stephen to enter upon the said premises of the said company, so inclosed as aforesaid, fur th« purpose of coopering, and thereby preparing for shipment, the said 115 hogsheads of sugar accordingly, and that the said company did at the said time hinder and prevent, and refuse to permit and suffer the said Benjamin and Stephen to enter upon the said premises of the said company, to cooper, and thereby prepare for shipment, for exportation as aforesaid, the said 115 hogsheads of sugar, which they had been so retained and directed to cooper for shipment as aforesaid ; but the said company did at the same time offer to the said Messrs. Perrin, Roctrus and Co. the owners and proprietors of the said 115 hogsheads of 9iigar, that they might have them coopered by the said company for a reasonable reward, to be therefore paid by them the said Messrs. Perrin, Roctras, and Co. to the said company. And the jurors aforesaid, upon their oaths aforesaid, further say, that by reason of such refusal of the said company to the said Benjamin and Stephen, to permit the said Benjamin and Stephen to enter upon the said premises of the said company, so iuclosed as aforesaid, for the purpose of coopering for shipment for exportation the said 115 hogsheads of sugar as aforesaid, they the said Benjamin and Stephen were, on the said lgth day of April, 1804, hindered and prevented from coopering, and thereby preparing the same for exportation, and have lost and been deprived of divers gains and profits which would have accrued to them if they had been permitted to have coopered and there* by prepared for shipment, for exportation, the said 115 hogsheads of sugar. And thejurors aforesaid, upon their oaths aforesaid, do further say, that at the time of the commencement of this action the said George Smith, Jcos Esq. vat treasurer of the within mentioned company, _' and a* such treasurer was sued in pursuance of the sta. Mid Anothe* tote in that case made and provided; and the jurors s*ii*. aforesajd, upon their oaths aforesaid, do further saj, that fourteen days notice was given to the said company of the said action, prior to the bringing thereof, as by the said statute in that case made and provided is required; and the jurors aforesaid, upon their oath aforesaid, do further say, that always before and up to and at the time of the making of a certain act of parliament, made and passed in the SDth year of the reign of bis present majesty, entituled, an ' Act for rendering more commodious, and for better regulating the port of London? sugar coopers had been used to cooper and thereby .prepare sugars for shipment for exportation upon the legal quays and wharfs within the port of London, but whether upon the whole matter afore* said, by the jurors aforesaid, iu form aforesaid, found, the said company might lawfully binder the said Benjamin and Stephen from entering and going, and refuse to permit and suffer the said Benjamin and Ste-r » phen to enter and go into and upon the said inclosed quays and whartis, to cooper and thereby prepare sugars for shipment, for exportation, and from there coopering sugars for shipment for exportation the jurors aforesaid are entirely ignorant, and pray the advice aod judgment of this court of and upon the premises; and if it shall appear to the court of our *a«d lord the iking, before the Jiing himself now here, that the said company could not lawfully hinder the said Benjamin and Stephen from entering and going, and refuse to permit and suffer the said Benjamin and Stephen to enter and go into an<J upon the said inclosed quays and wharfs tip cooper and thereby prepare sugars for shipment for exportation, and from there coopering sugars for shipment for exportation, then the ju_

i8»5. rors aforesaid, upon their oath afore?aid, say that the —— said company are tjuilty of the premises in the within «nd Another declaration mentioned, in manner and form as the said Benjamin and Stephen have within complained against them: and they assess the damages of the said Benjamin and Stephen by them sustained, by occasion of the premises, over and besides their costs and charges by them laid out about their suit in thii behalf, to Is. and for those costs and charges to 40s. but if upon the whole matter aforesaid, by the jurors aforesaid, in form aforesaid, found, it shall appear to the court of our said lord the king, before the king himself now here, that it was lawful for the said company to hinder the said Benjamin and Stephen from entering and going, and to refuse to permit and suffer the said Benjamin and Stephen to enter and go into and upon the said inclosed quays and wharfs to cooper and thereby prepare sugars for shipment for exportation, and from there coopering and thereby preparing sugars for shipment for exportation, then the jurors aforesaid, upon" their oath aforesaid, say thai the said company are not guilty of the premises in the within declaration mentioned, in manner and form as the said Benjamin and Stephen have within complained against them j but because, fyc.

This case was very ably argued in the last term, by Wood, for the plaintiffs, and by East, for Ihe <fefendant; and again in this term by Park, for the plaintiffs, and the Solicitor-general, for the de-, ftndant.

The case turned upon the construction of the acts of parliament for creating the West India Docks, the material clauses of which will be found abstracted, in the notes below.*

* Canal, new docks, &c. to be parts of the port of Xonfo, and vessels,'&c resorting thereto, to be subject to the

For the plaintiff's. "To exclude the plaintiff's from 1805. their /egal right of exercising llieir trade of coopers

Bentley and Another

several present port regulations and duties. § 84. Gwods, &c. rer,u5 landed or shipped upon or from the intended quays or wharfs, in the new docks, subject to the same regulations, &c. as if landed or shipped upon or from the present legal quays. § 85. And, for the greater accommodation of the shipping in the West India trade, belonging to or using the port of London, it is hereby further enacted and declared, that the quays and wharfs, which shall be built by the said directors as aforesaid, within or along the sides or banks of such of the said docks as shall be inclosed and defended on all sides by high walls, and strong and sufficient gates, shall at all times afterwards be deemed and taken, and are hereby declared to be, to all intents and purposes whatsoever, legal quays and wharfs for (he landing, relanding, and discharging, lading and shipping, of any goods, wares, and merchandize whatsoever, within the port of London ; any law or statute, or any usage or custom of the city of London, or elsewhere, to the contrary thereof in anywi§e notwithstanding. §86". And whereas, by reason or in consequence of certain parts of the works, improvements', and regulations, intended by this act, some of the said present legal quays, and of the other quays or w harfs, commonly called Public t'ureign Sufferance Wharfs and certain Warehouses, docks , and divers other tenements and hereditaments, «ow in or adjoining the said port, some of which warehouses are known by the name of Up-tozi n Warehouses, and used for the reception of West India produce and other goods landed, may perhaps become less valuable, by means of the trade or business of the same respectively being in part diverted, than the same respectively are at present, and divers owners and occupiers of, and other persons interested in," or employed sp»n the business of such legal quays and sufferance wharfs, warehouses, docks, and other tenements and hereditaments, day thereby sustain loss or damage ; and the yearly and other receipts of the governors of Christ's Hospital in the city of London, for or on account of car-rooms, or figures for using freo tarts within the said city and the liberties thereof, may also Vol. HI. £

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