1805. BENTLEY and Another versus SM TH. the provisions of the act must be express and clear, or they will not have that effect. It cannot be thereby happen to be lessened; be it therefore further enacted, done by mere intendment. Until the passing of the statute of the 39 Geo. III. the plaintiff's were used and expences which the making, building, erecting, and providing of such docks, basons, cuts, quays or wharfs, warehouses, sluices, bridges, roads, and other works, authorized and intended to be made by the said directors as aforesaid, and the supporting, maintaining, and keeping of the same in repair for the future, will amount unto: be it further enacted that from and after notice of the completion of the same last-mentioned docks, and other works shall have been given by public advertisement in the London Gazette, and two or more public morning newspapers usually reulated in London, as before directed, there shall be payable and paid to the said West India dock company, or to their collectors, receivers, or agents, for their use, for every ship or vessel, entering into, and using any of the said intended docks, or any of the basons or cuts which shall belong thereto, by the master or other person having the charge or command of such ship or vessel, or by the owner or owners thereof, (over and above the rates and duties herein before granted to his majesty, his heirs and successors, and to the said mayor and commonalty and citizens), the rate or duty of 6s. 8d. for every ton of the burden of such ship or vessel, except in such cases as are hereafter excepted or otherwise provided for; which rate or duty shall be levied and collected as hereinafter is directed, and shall be accepted and taken for and in satisfaction of the use and conveniency of the said docks, and all charges and expences of the navigating, mooring, unmooring, removing, and management of such ship or vessel, from her arrival at the entrance into the docks at Blackwall, until such ship or vessel shall be unloaded and moored in the dock for light ships or vessels, and also of the unloading or unshipping of her cargo within the said docks, and the landing waiter's fees on account thereof, and the cooperage and hoops and nails which such cargo may require in the course of such unlading thereof, together with the use of the light dock for any space of time not exceeding six months from the time of unloading such ship or vessel; and that, from and after such E 2 1805. BENTLEY and Another versus SMITH. 1805. BENTLEY and Another versus *SMITH. to prepare sugars for exportation in the legal quays. By the 84, 85, and 86 sections of the statute, these notice being given as last aforesaid, there shall also be payable and paid to the said West India dock company, or to their collectors, receivers, or agents, for their use, for all goods, wares, and merchandize, imported from the West Indies, which shall be'landed, unshipped, or discharged from on board of any ship or vessel entering into and using any of the said intended 'docks, or any of the basons or cuts which shall belong thereto, by the owner or owners, consignee or consignees of such goods, wares, and merchandizes respectively, (over and above the rates and duties herein-before granted), the several rates or duties herein-after particularly rated and described; (that is to say), For aloes, 4s. 8d.; natural balsam, 4s. 8d.; cassia, 4s. 8d.; cortex winteranus, 4s. 8d.; cocoa, 1s. 6d. ; coffee, 1s. 6d. ; cotton wool, 2s. 6d.; dyer's woods, 6d.; ginger, 3s. 3d.; gum guaiacum, 4s. 8d. per cwt. Hides, 6d. per doz. Indigo, 2s. 6d. per cwt. Marmalade, 2s. 6d. ; castor oil, 2s. 6d. per jar. Pimento, 3s. 2d. per cwt. Rum, 1d. per gallon. Sarsaparilla, 6s.; sugar, 8d.; succads, (in boxes), 5s. per cwt. Tamarinds, or succads, (in jars), 2s. 6d. per jar. Tortoise shell, 5s.; turmeric, 4s. 8d. per cwt. And for wine, including Madeira, 1d. per gallon. For every cask, case, bundle, bale, or other package, containing any article of merchandize not otherwise specified or described in this table, being of the weight of 200, or upwards, 5s. For every such cask, case, bundle, bale, or other package, being under the weight of 200, 2s. 6d. For any article of merchandise, brought loose, (except wood), not otherwise specified or described in this table, and subject to any duty of customs chargeable according to the weight, for every 100, 1s. For any article of merchandize brought loose, not herein-before specified or described, whether subject to any duty of customs or not, and which shall be landed within the dock pręmises, there shall be collected and paid a rate or duty not exceeding the rate or charge heretofore usually paid in the quays are put upon the same footing as the legal quays were before the act, and therefore whoever is entitled port of London, for lighterage, landing, loading, and housing of any such article. Which rates or duties shall be levied and collected as herein-after is expressed, and shall be accepted and taken for and in respect of the use and conveniency of the said docks, and the quays, wharfs, and cranes, and other machines which shall belong thereto, and the land waiter's fees on account of such goods after being unshipped, and all charges and expences of wharfage, landing, housing, and weighing such goods, and of such cooperage as the same may respectively want after being unshipped, and all rent for warehouse room for such goods, for the space of 12 week in the said company's warehouses, and all charges of deliver ing the same from the said warehouses and which said rate or duty of 6s. Sd. per ton, and the said several other rates of duties last herein-before granted, shall be and are hereby vested in the said West India dock company, and their successors, executors, administrators, and assigns, holding for the time being, shares of the aforesaid capital stock), as their own proper monies, but for the purposes herein-after men tioned; and the said rate or duty of six shillings and six pence per ton, shall be paid at the time of each ship's or other vessel's entry inwards or clearance outwards, at the custom house, in the port of London, to the officer or person appointed to collect and receive the same, under such rules, regulations, and restrictions, as are by this act directed and required with regard to the entering inwards and clearing outwards of ships or other vessels, on which other rates and duties are by this act imposed; or for want of such entry, then at any time before such ships or vessels respec tively shall sail or proceed from the said docks or basous, so as no ship or other vessel shall be subject or liable to the payment of the said rate or duty of 6s. 8d. per ton more than once for every voyage, both out and at home inclusive: and the rates or duties hereby granted in respect of such of the said goods, wares, and merchandize, to be imported from the West Indies, as shall be subject to the payment of any duty 1805. BENTLEY and Another Versus SMITH. to any privileges on those quays, will be entitled to the same privileges at the docks, except so far as they are to the king's majesty, his heirs or successors, shall be payable and paid, when the post entry of such goods, wares, or merchandize shall be made, at the said Custom House, to the officer or person appointed to collect and receive the same; and the rates or duties hereby granted in respect of such of the said goods, wares, and merchandize as shall not be subject to the payment of any duty to the king's majesty, his heirs or successors, shall be payable and paid before such goods, wares, or merchandize respectively shall be taken from the said dock premises; provided always, that when and so often as any ship or other vessel arriving in the said docks shall not be fully laden, the said rate of 6s. 8d. per ton shall only be collected and paid for and in proportion to the actual tonnage of the cargo imported in such vessel, and not upon the register tonnage thereof; and that with respect to such ships. or vessels as shall arrive in any of the said docks, from any other part or parts of the world than the West Indies, with goods, wares, or merchandize on board, of the growth or produce of the West Indies, the said rate or duty of 6s. 8d. per ton shall be payable only, for and in proportion to the quantity of goods, wares, or merchandize, of the growth or produce of the West Indies, on board of the same ship respectively; that is to say, 6s. 8d. for every ton of the same goods, wares, or merchandize, and not otherwise.--39 Geo. III. Loc. & Per. cap. 69, § 137. When any of the docks, &c. shall be approved as ready for reception of ships, &c. notice to be published in the Gazette. § 6. Gates and doors of dock premises, to be under the joint locks of the company and the revenue officers. §7. Hours for opening and shutting the gates of the docks,&c. § 8. Hours for the attendance of the revenue officers. § 9. No holidays except Sundays, Christmas days, and Good Fridays, General Fasts, and Thanksgivings. § 10. And be it further enacted, that from and after such publication, and during such term of twenty-one years as aforesaid, upon the arrival of any ship or vessel in the river Thames, with a cargo of West India pre |