United States Maritime Commission v The Cork Harbour Commissioners

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1938
• Date: 01 January 1938

[S. C., E.]

United States Government represented by theUnited States Maritime Commission

and

The Cork Harbour Commissioners

Harbour dues -"Entire cargo" - "Thirds clause" - Meaning of - Cork Harbour Amendment Act, 1866, Cork Harbour Act, 1875, Cork Harbour Act, 1883, (46 47 Vict., ch. clxxi), s. 9 (1) and (2).

Eleven steamships the property of the Government of the United States of America called at the port of Cork where they discharged cargo from, and loaded cargo for, America. The cargoes loaded consisted mainly of unboxed tractors, on top of which no other cargo could be stored. In every instance the vessels left Cork with their floor spaces fully covered, partly by general cargo, partly by boxed tractors and the remainder by unboxed tractors. In no instance did the cargo loaded or discharged at Cork exceed in weight one-third of the cargo deadweight capacity of the vessel or in cubic measurement one-third of the cubic bale capacity of the vessel. The plaintiffs claimed to be entitled to the reduced tonnage rate under s. 9 of the Cork Harbour Act, 1883, on the grounds that in no case did the cargo shipped or discharged at the port of Cork exceed one-third of the "entire cargo." The Harbour Commissioners claimed the full tonnage dues, which the plaintiffs paid under protest, but brought this action to recover the difference between the full rate and the rate provided under s. 9 of the Act. Plaintiffs appealed from an Order of Hanna, J., dated the 24th January, 1938 (reported...