the said section, they were shewn to be valuable securities, and, consequently, could not be properly described as pieces of paper. I, however, overruled both the objections, in order that the opinion of the Court for the consideration of Crown Cases should be taken upon the subject, and the jury, under my direction, found the prisoner guilty on all the counts. Entertaining doubts as to the propriety of my ruling, I have to request the decision of the said Court upon these points in the manner above stated, and whether such conviction, on any grounds, can be supported consistently with the facts hereinbefore stated. Judgment was respited on the prisoner, and he stands committed to the gaol of Newgate, there to abide the determination of this case."

Metcalfe, for the prisoner.-The prisoner, it is submitted, has committed no offence within the stat. 7 & 8 Geo. 4. c. 29. s. 5. In the branch of that section respecting stealing securities for shares in the public stocks or funds, the words " or of any foreign state" are used. So, also, in the third branch of the section, relating to stealing securities for money; but they are omitted in the second clause respecting securities for shares in the funds of any body corporate, company, or society. This omission is a strong argument that the statute was not intended to apply to securities for the funds of a foreign company, as the Luxembourg Railway Company is stated to be in this case. When the legislature makes provision respecting corporations and companies generally, it means English corporations and companies only. The Forgery Act, 1 Will. 4. c. 66, in s. 18. speaks of all companies generally; but in section 19, immediately following, the case of foreign companies is expressly provided for.

JERVIS, C. J.-I think that the conviction is right. The only point is, whether these scrip certificates are valuable securities within the meaning of section 5. They are clearly within the mischief intended to be prevented by the act, namely, the stealing valuable property. The words of the statute are large enough to include this case. The words in the branch of the

section preceding and following that on which the indictment is founded, as to foreign states, extend the otherwise limited meaning of the expressions of "public stock, funds and money," and tend to shew that the expression "funds of any body corporate, company, or society," in the intermediate branch, are intended to have the larger construction. The offence is no doubt territorial; but property, when it comes into this country, is within the protection of its laws; and the mischief is the same whether the security stolen be for shares in a foreign or an English

company.

PARKE, B.-My first impression was that the statute did not extend to securities for shares in the funds of a foreign body corporate or foreign company, looking at the words used, "in the funds of any body corporate, company, or society, or to any deposit in any savings bank." There are indeed corporations abroad, but they are not of the same description as our own. The words " company or society" are rather of an English character: "savings banks" are peculiarly so. I by no means mean to intimate that I dissent from the view entertained by the Court, though I feel a little doubt about it. The case is clearly within the mischief intended to be guarded against by the act.

WIGHTMAN, J.-It seems to me that the introduction of the words " foreign state," wherever public funds or money is mentioned, rather strengthens the view which we have taken of this act. Those words are inserted wherever they were necessary to give an extended operation to the act of parliament. Where they are unnecessary, they are not used. The language of the clause is quite large enough to include a case like the present of stealing securities for shares in the funds of a foreign

company.

CROMPTON, J.-My impression is the same as that of the rest of the Court, though I am not so clear about it. The statute of Anne, which makes promissory notes negotiable, was, after great consideration, held to apply to foreign notes. WILLES, J. concurred.

Conviction affirmed.

1855. Nov. 7.

LEWIS, appellant, v. THE

CHURCHWARDENS AND OVERSEERS OF THE POOR OF THE TOWN OF SWANSEA, respondents.

Poor-rate- Corporation of Swansea Rateability of Tolls-Incorporeal Right.

Along the whole of the western shore of the harbour of Swansea and within the limits of the borough, all goods imported and exported are landed on and shipped from quays. The soil and freehold of the quays are vested in the corporation of Swansea, with the exception of two, the soil and freehold of which are vested in the Duke of Beaufort as lord of the manor and borough of Swansea, and some of the corporation quays are leased to private individuals. Tolls and dues were payable to the corporation in respect of the landing and shipping of goods, without any distinction being made between the Duke's quays and those leased to private individuals. The tolls and dues were, without distinction, sometimes described as town dues and quayage, and sometimes as quayage. The individual occupiers of the quays were severally assessed to the poor-rate in respect of their occupation, without taking into account the tolls and dues:-Held, that the corporation were not liable to be rated in respect of the tolls and dues.

This was a CASE stated, after notice of appeal, by consent of the parties, and under a Judge's order.

The town and franchise of Swansea, in the county of Glamorgan, is a district maintaining its own poor independently of the parish of which it forms a part. The appellant was assessed to a rate made for the district as the occupier of property described as "Quay, and Tolls and Dues," of which the town council were stated in the rate to be the owners. The appeal was against this assessment, on the ground that the property was not rateable either in the appellant's hands or in those of the Mayor, Aldermen and Burgesses of Swansea, who are hereafter described as the corporation.

The appellant receives the tolls and dues mentioned in the assessment under an agreement whereby the corporation NEW SERIES, XXV.-MAG. CAS.

contracts to let them to him at an annual rent, the payment of which is secured by his bond. The appellant does not occupy any quay unless it be considered that the receipt by him of the tolls or dues in question amounts to such an occupation. The town and franchise of Swansea from time immemorial has been and is co-extensive with the borough and manor of Swansea, and is hereinafter spoken of as the borough; its eastern boundary fronts upon Swansea Harbour, and includes the west shore thereof; the east shore of that harbour is formed by and comprised in the manor of Kilvey, the river Tawey flowing into the sea between the borough of Swansea and the manor of Kilvey, and thus forming the natural port called Swansea Harbour. On the whole of the western shore of this harbour within the limits of the borough, quays consisting of a public quay, of private quays called the Corporation Wharves, of the Canal Wharf and of the Duke of Beaufort's Wharves, have been constructed, so that it is impossible either to export or import goods through. the harbour within the limits of the borough without using one or more of the quays. The soil and freehold of the site of all the quays, except two that are called the Duke of Beaufort's Wharves, from time immemorial have been and still are vested in the corporation, or persons claiming through the corporation. The soil and freehold of the said quays called the Duke of Beaufort's Wharves from time immemorial have been and still are vested in the lord of the borough and manor of Swansea. The tolls or dues in question are certain immemorial payments by persons, not being freemen of the borough, or of certain other ancient boroughs, per number, weight or measure, paid on goods landed on to or shipped from any part of the western shore of the harbour within the limits of the borough, without any distinction between the soil and freehold of the corporation and the soil and freehold of the lord of the borough, or between such parts as were from time to time occupied by the corporation and such parts as were from time to time aliened or leased by them to other parties. The schedule of such tolls or dues, according to which the appellant collects the same, may be referred to as part of this case.

F

The borough and manor have from time immemorial formed part of a very extensive seignory, called sometimes Gower, sometimes Gower Kilvey, an ancient lordship marcher of Wales, which includes a considerable line of the sea coast from the Neath river round the hundred of Swansea to Loughor. This seignory and also the lordship of the borough and manor of Swansea are, and from time immemorial have been, vested in the Duke of Beaufort and those through whom he claims. The lord of the seignory for the time being has from time immemorial received and still receives in all other ports within the seignory other than the borough of Swansea, the like tolls and dues as within that borough are received by the corporation, and is entitled to all other royal liberties, rights and free customs throughout the seignory. The corporation is a corporation by prescription. There is no evidence in existence of the manner in which the soil and freehold of the western shore of the harbour within the limits of the borough became vested in the corporation; but it appears by a charter of confirmation, dated 1305, that they held the same under charters from the lords of the seignory, and that the lords of the seignory reserved to themselves and their heirs a certain part thereof, which they held in demesne. The part thereby reserved is the site of the Duke of Beaufort's Wharves. The charter does not mention rent and makes no reference to tolls any further than they may be comprised in the general words liberties, laws and customs. There is no other document in existence, or known ever to have existed, shewing the ground or origin of any rent payable by the corporation to the lord, or any grant by the Crown or the lord, or any other party, of the tolls or dues in question, or of any other of the port dues now received by the corporation or their lessees, but the corporation have from time immemorial paid and still continue to pay to the lord of the seignory the annual sum of 10l. 1s. 6d., made up of two sums, which have from time immemorial been described as follows:-Fee rents, 8l. 1s. 6d. ; toll and keelage, 21. The tolls or dues in question are in the condition of the bond given by the appellant as aforesaid described as "The Town

and Quay Dues," and they have from time immemorial been described sometimes as "Town Dues and Quayage," sometimes

as

"Quayage" only. There is no evidence of any distinction or difference between dues intended to be designated as town dues and dues intended to be designated as quayage. For a long time previous and up to the passing of the Municipal Corporations Act, 1835, the tolls or dues in question, when received, were paid over by the corporation to the portreeve for the time being, for his own use as portreeve, and since the passing of that act they have been and now are paid into the borough fund. The corporation are also entitled to receive, in addition to the tolls or dues in question, keelage and moorage, cranage, weighage, and other dues in respect of the use of the harbour and convenience on the quays, for the shipping and exporting and importing, loading and unloading goods within the borough, but none of these are held by the appellant, or expressly named in the rate appealed against, and no question is now raised in respect thereto; and it is not necessary to refer more particularly to any of them, with the exception of keelage and moorage. The keelage sometimes called layage and moorage, have, from time immemorial, been received by the said corporation in respect of vessels entering and remaining in the harbour within the limits of the borough, and for the fastening of vessels. to the posts in the harbour or on the quays, without any distinction between the quays which are or have been the property of the corporation and the Duke of Beaufort's wharves. These dues, from time immemorial, have been and still are divided in certain fixed proportions between the corporation, and the water-bailiff and the layer-keeper, the latter of them an officer appointed annually by the lord's steward, out of two persons presented to him for that purpose by the leet; the water-bailiff an officer appointed by the lord. Before the passing of the Swansea Harbour Act hereinafter mentioned, the water-bailiff and layer-keeper between them performed duties analogous to those ordinarily performed by the harbour-masters in ports, but since the appointment of trustees under the Harbour Acts the duties of these officers

have become merely nominal. From time immemorial the lord of the seignory or borough has not demanded or received port dues of any description within the borough. All the above-mentioned tolls or dues are paid in addition to the sums payable to the harbour trustees, under the Swansea Harbour Acts. The first Swansea Harbour Act, 31 Geo. 3. c. 83, appointed the aldermen of the borough, the portreeve (an officer from time immemorial appointed by the steward out of two persons presented to him for that purpose by the corporation), and twelve burgesses to be elected as therein mentioned, and other persons, trustees for executing that act, reserving all rights of the lord of the seignories and of the corporation of Swansea; a reservation which is contained also in the several acts subsequently passed for the further improvement of the harbour. Previously to the passing of the first Harbour Act, the maintenance and repairs of the harbour of Swansea, within the limits of the borough, and of the quays, wharves, and mooring-posts there, were from time immemorial effected and done by the corporation, who also maintained and repaired certain barrel posts erected at the mouth of the River Tawey, and at places within the said river and harbour, for the use of vessels; and since the passing of that act the public quay has been kept in repair by the corporation, but the other repairs of the harbour have been done by the harbour trustees. Posts and rings for the convenience of vessels using the harbour, were, before the passing of the first Harbour Act, affixed to the public quay, and placed in various parts of the harbour by the corporation, who also kept them in repair. Ever since the passing of that act, such posts and rings have been, and now are, affixed by the harbour trustees to such open parts both of the public and of the private quays, and of the Duke of Beaufort's wharves, as the harbour trustees think convenient, for the purpose of mooring vessels and landing and shipping goods, and they are replaced and repaired sometimes by the corporation and sometimes by the harbour trustees. These posts and rings have been and are used by vessels from which the appellant has received and still receives the tolls and dues in question, without any

further payment in that respect than those which are herein before mentioned as the tolls or dues in question, and keelage and moorage as before mentioned. The quays herein before described as private quays, have for many years last past been leased by the corporation to private individuals by indentures, reserving, amongst other things, to the lessors, their officers, servants, and workmen, full and free liberty, power, and authority, from time to time, and at all times, during the said term hereby granted, to put down and secure in or upon the said demised premises, within a distance not exceeding fifteen feet from the line or embankment towards the River Tawey, so many posts, and to affix thereto so many rings or other devices as they shall think fit or deem necessary and proper for the purpose of mooring to, or securing of ships, vessels, barges, crafts, boats, floats, rafts, and all other things navigating or lying in the said river, and also full and free liberty, power, and authority to and for all and every person or persons whomsoever, to use the same for the purposes aforesaid, either by bringing on shore and fastening any cable, hawser, rope, or line, or by using any other means or contrivance for securing the same as they shall think fit, necessary, and convenient, and to change, alter, work, emove, and take the same away at their will and pleasure, doing thereby no wilful damage to the said "lessee," his executors, administrators or assigns, or to the said embankment wall, and also full and free liberty, power, and authority to and for the said " corporation," and their officers and servants, and all and every person and persons employed by or under them, or any or either of them, at all times, and from time to time during the said term hereby granted, to enter into and upon the said premises hereby demised, and every or any part thereof, to receive and take to and for the use of the said corporation the usual and accustomed dues and fees for moorage, quayage, and all and every or any other dues and fees usually paid to the corporation, or to their officers, and upon neglect or refusal of payment thereof to distrain for the same. And in the said leases is contained a covenant that the lessee, his

executors, administrators or assigns, shall not nor will at any time or times, during the term hereby granted, land, discharge, or ship off, or give leave or licence to, or knowingly permit or suffer any person or persons whomsoever to land, discharge or ship off any goods, wares or merchandise whatsoever in or from the premises hereby demised, or any part thereof, until the usual quayage and other dues, fees, -payments and perquisites are or shall be first paid and satisfied to the corporation, or their officers. The Swansea Canal Act was passed in the year 1794, and under the powers of that act the corporation conveyed to the Swansea Canal Company the site of the quays called the Canal Wharves, but nothing material to the questions in this appeal is contained in that conveyance. The respective occupiers of these private quays, and of the canal wharf, and of the Duke of Beaufort's wharves are severally assessed to the poor-rates in respect thereof, at the net annual value thereof respectively as occupied by them. The tolls or dues in question are not in any respect taken into account in estimating such annual value. The Swansea Canal Act and the Swansea Harbour Acts may be referred to by either party, and the Court is to be at liberty to draw inferences of fact. If the Court should be of opinion that either the appellant or the corporation were rateable in respect of the whole of the tolls and dues in question, whether received on the public quays, or on the quays aliened or leased by the corporation, or on the Duke of Beaufort's wharves, the rate was to be confirmed. If the Court should be of opinion that either the appellant or the corporation were rateable for some part or parts of the said tolls or dues, and that neither of them was rateable for other part or parts, the whole rateable value of 7001. was for the purposes of this appeal to be taken to be made as follows:

Pashley (Tayler with him) argued in support of the rate, and referred, first, as to the effect to be given to the term quayage," to Spelman's Glossary, 'Kaiagium,' Hale de Port. Maris, part 2, c. 6, Harg. Tr. 74, 75, 76, 78, Jeake's Charters of the Cinque Ports, 57, n. e, 1 Rol. Parl. 423, No. 24. Secondly, as to the tolls being sufficiently connected with the occupation of the land, so as to render them rateable, he referred to The Queen v. Leith (1), Roberts v. the Overseers of Aylesbury, (2), The Queen v. the Hull Dock Company (3), The King v. Coke (4), The Attorney General v. Jones (5) and Allison v. the Churchwardens of Monkwearmouth Shore (6).

Milward, contrà, was not heard.

LORD CAMPBELL, C.J.-Looking at all the facts of the case, I am of opinion that neither the corporation nor their lessees are liable to be rated in respect of the tolls. We are to see what is the nature of the payment. If it is a payment for the use of the quay, then, while the corporation or the lessees are in possession of the wharf, I should say they are rateable; but if it is a payment irrespective of the use of the soil, then the person who is entitled to it is not rateable. What, then, we have to decide is, whether the payment is in respect of the use of the soil. It is called quayage, and primá facie it might be said to be in respect of the use of the soil, but it may mean otherwise; and here it is also called town dues. I think, upon the facts as stated, it is not in respect of the use of the soil. It is an uniform payment in respect of goods landed on or shipped from the west side of the harbour; without any distinction as to the ownership of the soil. If we have its nature ascertained at one point, that gives its true name, and enables us to ascertain its nature

(1) 1 El. & B. 121; s. c. 21 Law J. Rep. (N.S.) M.C. 119.

(2) Ibid. 423; s. c. 22 Law J. Rep. (N.S.) M.C. 34.

(3) 7 Q.B. Rep. 2; s. c. 15 Law J. Rep. (N.S.) Q.B. 403.

(4) 5 B. & C. 797; s. c. 5 Law J. Rep. M.C. 32. (5) 1 Mac. & G. 574; s. c. 19 Law J. Rep. (N.S.) Chanc. 266.

(6) 4 El. & B. 13; s. c. 23 Law J. Rep. (N.S.) M.C. 177.