to Importation. Docks. Encouragements India company's warehouses; one table contains the rates of tonnage, according to the usage of the East India company, of the principal articles (pieces goods excepted) imported in the company's ships, and which by the acts of 43 & 46 Geo. 3. were those on which the duties and rates to the East India dock company were appointed to be paid: the rates payable on all imports by private ships (the goods not being sent to the East India company's warehouses), but warehoused with the dock company, will be charged according to the same scale of tonnage. It should be noticed that the rates payable to the dock company by the 54 Geo. 3. c. 228. for housing, weighing, &c. are independent of the 2s. the ton for dock dues granted by the 43 Geo. 3. c. 126., and the 2s. a ton for wharfage and loading granted by 46 Geo. 3. c. 113.; and goods that are warehoused will be charged with rent as expressed in a table annexed to the act (1). Articles not enumerated are charged according to their bulk, or weight, and value; articles shot loose in the ship, will be subject to a rate of 1 s. per ton for collecting and packing, independently of the charge for packages, cooperage, or sewing up. The East India dock company are not to be liable for loss of weight, damage, or deficiency, should the packages be delivered in the same order and condition as received, unless it can be satisfactorily ascertained to have arisen from neglect or mismanagement in their officers or servants (2). The 54 Geo. 3. c. 228. contains another schedule of the rates for goods exported from the East India dock wharfs, independently of the charge for lading them on board ship, that being already provided for by the acts 43 & 46 Geo. 3. c. 126. & 113. when goods and stores are brought alongside the respective vessels (3); all goods not enumerated in this schedule, are to be charged according to their bulk or weight (3); distinct charges are made in the schedule for housing-for the rent per week-for wharfage and for porterage; persons not wishing to have their goods housed, are to give notice to the dock officers (3). The rates set down only apply to goods brought to the wharf by land; but it often happens that goods conveyed by water are landed by desire of the proprietors, and also for the examination of the officers of the revenue; and they will be subject to a charge for landing, equal to that of wharfage. (3) For goods or stores landed in the Import dock, and transported into the outer dock for the purpose of being put into a hoy or lighter, the wharfage and (1) 54 Geo.3. c. 228. sched. A. (3) 54 G 3. c. 228. sched. B. Loc. & Per. porterage only of these rates form the additional charge. Acci- Encouragements dents from fire, the dock company do not guarantee; nor are to Importation. they answerable for goods in defective packages. (1) At the commercial docks at Rotherhithe, the commercial dock company is allowed to take any sum not exceeding those set forth in a schedule annexed to the 51 Geo. 3. c. 66. (2). At the east country docks at Rotherhithe, the east country dock company is allowed to take certain rates appointed by 51 Geo. 3. c. 171. (3) By the old Liverpoool dock acts, certain tonnage duties were payable to the dock company on all vessels sailing with cargoes outwards or inwards, so as no ship should be liable to pay more than once for the same voyage out and home. On the construction of this provision, it was held that one entire duty was imposed upon one entire voyage out and home, if there should be either an outward or an inward cargo in such voyage, but without any advance being made if there should be both; thus a Liverpool ship carrying a cargo out to the West Indies, and bringing another home to Liverpool, was only liable to pay one duty, namely, the duty outwards; and a foreign ship bringing a cargo to Liverpool, and carrying another cargo out, was only liable to pay the duty inwards. But where a ship was built in another port on the account of the owner who resided at Liverpool, at which place she was registered, and sailed to the West Indies without first coming to Liverpool, but brought her return cargo there as to her home; this was held to be one entire and distinct voyage, within the meaning of the acts, for which the duty inwards was payable, and did not privilege the ship from payment of the duties again, when she sailed with another cargo on her outward voyage to the West Indies, though in fact she only used the dock inwards on her first voyage; for the privilege of using the docks with an outward (1) 54 G. 3. c. 228. sched. B. These tables are also in Pope, tit. 267 to 270, where see also a table of rates for wharfage and work to be done at the East India docks in London; the dock company to load goods, &c., and allow men in stowing, Pope, 270, c. 66. s. 24, 25. and sched. B. (3) Loc. & Per., but printed in (2) Loc. & Per., and 51 G. 3. Docks. to Importation. Docks Encouragements and inward cargo, on paying only one duty, was confined to the same voyage out and home (1). Lord Ellenborough laid it down as a rule of construction, that if the words of the act would fairly admit of different meanings, it would be right to adopt that which would be most favourable to the interest of the public, and most against that of the company; because the company in bargaining with the public, ought to take care to express distinctly what payments they are to receive, and because the public ought not to be charged unless it be clear that it was so intended; but when plain words are used, their ordinary sense must be given to them. A modern act of parliament has appointed new tonnage duties to be paid to the trustees of the Liverpool docks, for every vessel coming into or going out of the port of Liverpool, by the master or owner of the vessel, according to its tonnage and the nature of the voyage it undertakes to or from the port of Liverpool; for one arrival, together with one departure of each vessel at and from the port, only one tonnage rate shall be payable (2); provided always, that all vessels arriving in ballast and trading outwards, and all vessels built in Liverpool and trading outwards, shall afterwards on trading inwards pay the rates fixed on vessels trading inwards (2). At the port of Bristol, there are also established dock rates. (3) Transfer in liable. Goods in the custody of one of the dock companies Docks, and how may be transferred by the owner to a third person, by far Company an indorsement on the dock warrant; so that if the indorsement has been shewn to the warehouse-keeper, and assented to by him, the property will not pass to the assignees of the original owner, though no application has been made for rehousing the goods, and though no fresh entry has been made in the books of the dock company (4); and it seems that without (1) Gildart v. Gladstones, 11 East. 675. Judgment reversed on error from C. B. (2) 51 G. 3. c. 143. loc. and per. Pope, 244. And see the rates on goods, id. rule 19. And see Pope, 281, 282. (3) Pope, tit. 277 to 280. (4) Lucas v. Dorrien, 7 Taunt. 278. 1 Moore, 29. S. C. See also Zwinger v. Samuda, 7 Taunt. 265. 1 Holt, 395. S. C. 1 Moore, 12. S. C. decided as to West India dock company; and see the case of Knowles v. Horsefall, Lanca shire summer assizes 1819, before Bayley J. A question arose whether a quantity of brandy bonded and warehoused in the name of the importer, would pass to the assignees on his becoming bankrupt, after he had sold the brandy and received part payment, and part of it had been taken away by the purchaser. The learned judge seemed to regard the goods as in the bankrupt's disposition, and recommended that while this case was undecided, all purchasers in similar cases would rebond in their own names. any notice to the dock company, the property would be trans- Encouragements to Importation. ferred by the mere indorsement of the dock warrant for a valuable consideration; as in the transfer of a mere chattel, Docks. there can be no reason why an order for the delivery of the goods should not pass the property (1). At all events, if notice be given to the company, they will become trustees for the person to whom the goods have been transferred by the indorsement of the warrant, and the property would not pass to the assignees of the person by whom they were originally deposited, on the ground of his being the reputed owner (1); no trader would buy goods deposited in the docks without examining the dock warrant (1); but although the goods may have been sold and payment made, yet if no fresh entry has been made in the books of the dock company, and no notice has been given to them of the change of title, they are not liable to an action for delivering the goods to the original owner (2). The dock companies are liable to be sued for the negligence of their servants in unloading goods, in consequence of which the owner sustains damage (3). On a late trial against the treasurer of the London dock company, it appeared that the company provide men for discharging ships in the docks, and that no labourers provided by the owners of the goods to be unloaded can be employed; and the company are liable for the improper acts of their workmen, though they derive no profit from the labour (4). The (1) Lucas v. Dorrien, 7 Taunt. 289. to 293. Zwinger v. Samuda, id. 265-270. 1 Holt 395. S. C. in which cases the West India dock company were interested. See Favenc v. Bennett, 11 East, 37. M'Combie v. Davis, 6 East, 538. 7 East, 5. condition as received, unless it (2) Townsend v. Inglis and others, 1 Holt, 278. see also Lewis v. Smith, esq. Treasurer of West India dock company, 1 Holt, 27. (3) Gilson v. Inglis, 4Campb.72. (4) Gilson v. Inglis, 4 Campb. 72. The stat. 54 G. 3. c. 228. loc. & per., which fixes the rates payable to the East India dock company, contains a clause at the end of schedule A. that the East India dock company is not to be liable for loss of weight, damage, or deficiency, should the packages be delivered in the same order and Encouragements to Importation. Docks. West India dock act (1) contains a provision which has been also adopted with regard to the London docks (2), that all actions and suits commenced by or on behalf of the company, shall be commenced and prosecuted in the name of the treasurer as the nominal plaintiff; and that actions and suits against the company, or for the recovery of any claim or demand upon, or of any damages occasioned by the company, or for any other cause or causes of action or suit against the company, shall be commenced and prosecuted against the treasurer as the nominal defendant (3). The West India dock act also provides, that the statute 24 Geo. 2. c. 44, for rendering justices of the peace more safe in the execution of their office, and for indemnifying constables and others acting in obedience to their warrants, so far as it relates to rendering justices of the peace more safe in the execution of their office, shall extend to the lord mayor of London, and the aldermen and justices under the authority of the act; and no action or suit shall be commenced against any person, for any thing done in pursuance or under colour of the act, until fourteen days notice has been given in writing, nor after sufficient satisfaction or tender thereof has been made to the party grieved, nor after three calendar months have elapsed since the time when the act or thing for which the suit is brought shall have been done; and the defendant may plead the general issue, and give the act and the special matter in evidence at the trial, and that the matter or thing for which the suit is brought was done in pursuance and by the authority of the act; and if the said matter or thing shall appear to have been so done, or if it appear that the action was brought before fourteen days notice was given, and the proper requisites were complied with, the jury are to find for the defendant (4). justice by s. 19.), the whole of the (3) The East India dock act provides that actions shall be brought and defended in name of secretary to the company, 43 G. 3. c. 126. s. 112. Also by s. 121. plaintiff shall not recover after tender of amends, nor without 14 days notice of action; and by s. 122. limitation of action for matters done under the act, 3 months. Venue in the county. General issue and treble costs. (4) 39 G. 3. c. 69. s. 184, 185. West India dock act. See also |