U.S. Maritime Commission v Cork Harbour Commissioners

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Supreme Court

(H.C., S.C.),

U.S. Maritime Commission

and

Cork Harbour Commissioners

- Port of Cork - Amount of dues payable - Reduced rate afforded to vessel loading or discharging less than one-third of her entire cargo Meaning of words "entire cargo" - Cork Harbour Act, 1883 (46 47 Vict., c. clxxi), ss. 5, 7, 8, 9; First Schedule par. 1 (b); Second Schedule par. (b).

The expression "entire cargo" in s. 9, sub-ss. (1) and (2) of the Cork Harbour Act, 1883, means the total amount of cargo that the vessel in question can carry. This interpretation applies to all ships, whether under charter or not and irrespective of the terms of any particular contract of affreightment or agreement between shippers and ship-owners. If a vessel (not being a coasting vessel nor of less than 800 tons register) discharges or loads an amount not exceeding one-third of the cargo which she is capable of carrying, calculated by dead-weight...