The Calder And Hebble Navigation Company v Pilling And Others; 23 Apr 1845

References: [1845] EngR 685, (1845) 14 M & W 76, (1845) 153 ER 396
Links: Commonlii
By a local act, 6 Geo. 4, c. Ixxi., the company of proprietors of a public navigation were empowered to make bye-laws for the good government of the company and for the good and orderly using the navigation, and also for the well-governing of the burgemen, watermen, and boatmen, who should carry any goods, wares, or merchandise upon any part of the said navigattion, and to impose and inflict such reasonable fines or forfeitures upon all persons offending against the same, as to the major part of the company should seem meet, not exceeding £5. The company made a bye-law that the navigatiori should be closed on every Sunday throughout the year, and that no business should be transacted thereon during such time, (works of necessity only excepted), nor should any person during such time navigate any boat, &c nor should any boat, &c. pass along any part of the said navigation on any Sunday, except for a reasonable distance for the purpose of mooring the same, and except on some extraordinary necessity, or for the purpose of going to, or returning from, any place of divine worship, under a penalty of £5 :-Held, that the act did not authorize the company to make the above bye-law, and that it was illegal and void.
Last Update: 04-Sep-15 Ref: 303827