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the provisions of the act must be express and clear, or they will not have that effect. It cannot be

1805.

BENTLEY and Another

versus SX TM

thereby bappen to be lessened; be it therefore further enacted, that in case such legal quays and sufferance wharfs, warehouses, docks, and other tenements and hereditaments, or any of them, shall by reason of the said intended works, or of any of them, be rendered less valuable by reason or means of the trade thereof being diverted therefrom, than they ree spectively were before the passing of this act, or any owners or occupiers of the same legal quays and sufferance wharfs, warehouses, docks, and other tenements and hereditaments, or any tackle house porters, ticket porters, or free carmen, of the city of London, or other person or persons interested in or employed upon the business thereof respectively, shall by reason of any of the same works, suffer loss or damage, or the yearly or other receipts or income of the governors of Christ's Hospital aforesaid, or of their successors, for or on account of car-rooms, shall by reason of any of the same works happen to be lessened or diminished, the said commissioners to be appointed as hereinafter is mentioned for man naging the business of the compensations authorised and required to be made by them, do and shall make or cause to be made such just and liberal compensation or satisfaction by purchase, or by employment, or otherwise, to the owners and occupiers of, and the tackle house porters, ticket porters, free carinen, and other percous interested in or employed upon the same legal quays and sufferance wharfs, warehouses, docks, and other tenements and hereditaments- so rendered tess valuable respectively, and to the Governors of Christ's Hospitable aforesaid, or their successors, for the injury, loss, or damage which such owners, occupiers, porters, carmen, and other persons and governors respectively shall haye thereby suffered or sustained as shall be agreed on between the said commissioners and such respective owners, occupiers, and other persons interested or employed as aforesaid, or between the said commissioners and governors so far as relates to the said car-rooms. $.121. And in consideration of the great charges

done by mere intendment. Until the passing of 1805. the statute of the 39 Geo. III. the plaintiff's were used

BENTLEY

and Another and expences which the making, building, erecting, and pro

tersus

SMITH, vidiag of such docks, basotis, 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 tbat 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 direulated in London, als 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 ba- . sons 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 Os. 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, Temoving, 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

ne of

1805. to prepare sugars for exportation in the legal quays.

"By the 84, 85, and 86 sections of the statute, these BENTLEY and Another

versus SMITH.

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, l's. 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. 63. ; castor oil, 2s.6d. per jar. Pimento, 3s. 2d. per cwt. Rum, id. per gallon. Sarsaparilla, 6s. ; sugar, 8d. ; succads, (in boxes), 5s. per cwt. Tamarinds, or succads, (in jars), 2s. 6d. per jar. Tortoise shell, 58.; turmeric, 4s. 8d. per 'cit. 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 underthe weight of 200), 2ș. 6d. For any article of merchandise, brought loose, (except wood), nor otherwise specified or described in this table, and subject to any duty of customs chargçable according to the weight, for every 100, 1s. For any astiçle of merchandize brought fuose, not herein-before specified or described, whether subject to any duly of customs or not, and which shall be landed witbin the dock pręmises, there shall be collected and paid a rate or duty not exceeding the rate of charge heretofore usually paid in the

quays are put upon the same footing as the legal quay's were before the act, and therefore whoever is entitled

1805.

BENTLEY and Another

versus Swita.

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 fuc warehouse room for such goods, for the space of 12 weeling in the said company's warehouses, and all charges of delivera

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 mene 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 sules, 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 froin the said docks or basons, so as no ship or oiher 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: und 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 dury

to any privileges on those quays, will be entitled to the same privileges at the docks, except so far as they are

1005.

BENTLEY and Another

VETSUS SNITH.

to the king's majesty, his heirs or successors, shall be payable and paid, when the post entry of such goods, wares, or mer. chandize 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 gools, 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. * Pcr. 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, tu be under the joint locks of the company and the revenue officers. $7. Ilours for opening and shurting the gates of the ducks,&c. § 8. llours for the attendance of the revenue officers. $ 9. No holidays except Sundays, Christinas days, and Good Fridays, General Fasts, and Thanksgivings. § 10. And be ir 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 pra,

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