1865. WARD V. GRAY. that the appellant did not simply pass over the floating bridge, but was conveyed by it across the river. The question for the opinion of the Court was, Whether the floating bridge is a bridge within the meaning of sect. 72 of The Mutiny Act, 1864, 27 & 28 Vict. c. 3. The Solicitor General (Dowdeswell with him), for the appellant. Though this structure floats and is moveable it is a bridge within the meaning of sect. 72 of The Mutiny Act, 27 & 28 Vict. c. 3. [He cited Webster's Dict. voc. Bridge.] The language of Acts of Parliament obtained by Companies is to be treated as the language of the promoters, and should be construed strictly against the parties obtaining them but liberally in favour of the public; Parker v. The Great Western Railway Company (a), per Tindal C. J. [Blackburn J. A ferry boat is not a bridge.] The Company apply the word "bridge" to this structure in order to bring it within the protection of stat. 24 & 25 Vict. c. 97. s. 33., which makes it felony to destroy any bridge over or under which any highway shall pass. [Cockburn C. J. Sect. 87 of the Act of 1863, 26 & 27 Vict. c. cii., exempts soldiers on their march or on duty from the toll payable at any toll-gate or toll-bar on the Company's road, but does not mention the toll for passing over the river by the floating bridge: that is a strong argument against the appellant.] Sect. 114 of that Act contains a general saving of the rights of the Crown. Stat. 4 & 5 W. 4. c. lxxxv. s. 89. gave an exemption from all tolls under the Act. [Milward, for the respondent.-Stat. 5 & 6 (a) 7 M. & G. 253. 283. W. 4. c. lxxi. s. 6. repealed that exemption, and sect. 7 gave an exemption from tolls payable at any toll-gate or toll-bar on the road.] [He cited The Mayor &c. of Weymouth, appts., Nugent, respt. (a).] Milward (Bere with him), for the respondent, was not called upon. COCKBURN C. J. Sect. 72 of stat. 27 & 28 Vict. c. 3. exempts Her Majesty's officers and soldiers on duty and on their march from payment of any duties and tolls "in passing along or over any turnpike or other roads or bridges, otherwise demandable by virtue of any Act already passed or hereafter to be passed." The apparatus in question conveys passengers over the river instead of the river being passed over by them: it is more in the nature of a steam ferry boat than a bridge. It does not afford a continuous means of transit for passengers across the river; the passage is only made after certain intervals of time, and during those intervals passengers must be content to wait. There is a broad distinction between such a means of transit and a bridge, which is a permanent structure and may be traversed at all times. BLACKBURN and SHEE JJ. concurred. 1865. WARD V. GRAY. Judgment for the respondent. (a) Ante, p. 22. 1865. Wednesday, Prisons. gaol and house The QUEEN against The Governor of The By stat. 4 G. 4. c. 64. s. 2. there shall be in every county one common gaol, and in every county not divided into ridings or divisions, and every riding or division of a county, at least one house of correction. By sect. 4 the justices in Quarter Sessions "shall, by orders to be made for that purpose, ascertain and declare to what class or classes of prisoners every such gaol, house or houses of correction, or any part or parts of any of them respectively, shall be applicable." By The Islington Parish Acts Amendment Act, 1857, 20 & 21 Vict. c. cxviii. s. 14., in case of nonpayment of any rate and assessment, power is given to any police magistrate or justice for the county of Middlesex to issue a warrant for the apprehension of the person making default, and to commit him "to the common gaol or house of correction for the county." On the 24th May, 1860, the Quarter Sessions for the county of Middlesex, under stat. 4 G. 4. c. 64. s. 4., made an order, by which they ordered that the Middlesex House of Correction in Coldbath Fields should be applicable only to prisoners of certain specified classes, not including persons in the classes of prisoners to which the Middlesex House of Detention was applicable. And by the same order the Middlesex House of Detention was declared to be applicable to all prisoners not convicted of any crime or offence. Held, that the governor of the House of Correction in Coldbath Fields was justified in refusing to receive a person committed for default in payment of rates under stat. 20 & 21 Vict. c. cxviii. s. 14. IN Easter Term, 1864, a rule was made absolute for a mandamus to the governor or keeper of the House of Correction in Coldbath Fields, Clerkenwell, in the county of Middlesex, commanding him to receive and detain the body of R. Spraggs pursuant to a warrant of one of the justices for the said county, subject to the following special case. R. Spraggs was summoned under the provisions of The Islington Parish Acts Amendment Act, 1857, 20 & 21 Vict. c. cxviii. s. 14., before A. Ballantine Esq., one of the justices of the county of Middlesex, on the 20th August, 1863, on the complaint of one of the collectors of the parish of St. Mary, Islington, in that county, for nonpayment of poor and other rates to which he had been assessed as a ratepayer in respect of a house of which he was the occupier, amounting to 17. 17s. 6d., together with 1s. the cost of the summons. On his default to appear to answer the complaint, and on proof of the service of the summons, and that 17. 17s. 6d. for the rates and 1s. the cost of the summons were still due, A. Ballantine Esq. made and issued his warrant of distress to the vestry of St. Mary, Islington, or the collectors of the rates of the parish, and all other police and peace officers acting in the parish, to levy the sum of 17. 17s. 6d. of the goods and chattels of R. Spraggs, together with the charges of the summons and of the warrant and distress; and further directing that if no sufficient distress could be had or taken the same be certified to him to the end that such further proceedings might be had as to the law did appertain. This warrant was delivered to R. J. G., a licensed broker and constable for the parish, to be executed, who endeavoured to execute it, and made his return that the goods and chattels of R. Spraggs were secured so that they could not be distrained on, and that the sums of 11. 17s. 6d. and 1s. still remained due and owing to the vestry of St. Mary, Islington; whereupon A. Ballantine Esq. made and issued his warrant for the apprehension of R. Spraggs for default in payment of the rate or assessment and for his commitment for nonpayment of the same. This warrant was addressed to the vestry of St. Mary, Islington, and to the collectors of rates of the parish, and to all police and peace officers in the parish, and to the keeper of the common gaol or house of correction at Clerkenwell, in the county of Middlesex, and, after reciting the proceedings had before A. Ballantine Esq. in the premises, it commanded the vestry or the collectors of the rates of the parish, and all the police and peace 1865. The QUEEN V. Governor of COLDBATH FIELDS 1865. The QUEEN V. Governor of officers or some or one of them acting in the parish, to take R. Spraggs and him safely to convey to the common gaol or house of correction for the county at Clerkenwell in that county and there deliver him to the keeper thereof together with that precept, and did thereby command the keeper of the common gaol or house of correction to receive R. Spraggs into his custody in the common gaol or house of correction, there to imprison him without bail or mainprise for the space of three calendar months unless the sum of 17. 17s. 6d., together with the sum of 1s. for the costs attending the distress, and the further sum of 3s. being the costs and charges of the commitment and of taking and conveying R. Spraggs to prison, making in the whole the sum of 21. 1s. 6d., should be sooner paid unto the keeper. The constable, pursuant to the warrant, on the 24th September, 1863, took R. Spraggs and conveyed him safely to the house of correction for the county of Middlesex at Coldbath Fields in Clerkenwell, in that county, and there tendered him, together with the warrant, to T. H. Colvill, the keeper of the house of correction, and requested him as such keeper to receive R. Spraggs at and detain him in that prison pursuant to the warrant, but T. H. Colvill then absolutely refused to receive or detain R. Spraggs or in any way to act upon or obey the warrant. The proper mode of collecting and enforcing the payment of rates in the parish of St. Mary, Islington, is (amongst other things) specially provided for by The Islington Parish Acts Amendment Act, 1857, 20 & 21 Vict. c. cxviii. By sect. 14, in case of nonpayment of any rate and assessment made by the vestry for the purposes of The Islington Parish Acts or that Act power |