By a series of local acts, the trustees of certain public docks were impowered to take certain rates and tolls from vessels entering therein, the proceeds to be applied to the repair and maintenance of the docks and harbour; and, if the amount raised should be more than sufticient for that purpose, then the rates and tolls were to be lowered.-By subsequent acts, the trustees were impowered to raise money for building additional warehouses, and to levy rates for payment of the expenses of carrying the acts into effect, paying interest, and maintaining the buildings so erected ; but such additional warehouses were to be rateable to the poor as in the case of premises of which there was a beneficial occupation.
Held: In deference to the decision of the court of Queen’s Bench (between the same parties) upon a case stated hy the sessions in 1827 (the King v. the Inhabitants of Liverpool , 7, B. and C. 61, 9 D. and R. 780), and the legislative declaration as to the rateability of the additional buildings erected under the authority of the later Acts, -that the trustees were not rateable in respect of the old docks, andc.–The court has no power hostilely to vary a, special case which has been stated by consent, for the purpose of raising a different question from that which the parties originally contemplated.
Judges:
Erle CJ
Citations:
[1860] EngR 263, (1860) 8 CB NS 114, (1860) 144 ER 1108
Links:
Jurisdiction:
England and Wales
Cited by:
Appeal from – Jones And Others v The Mersey Docks And Harbour Board HL 1865
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Lists of cited by and citing cases may be incomplete.
Rating, Transport
Updated: 06 February 2022; Ref: scu.285102