"  There  is  no  doubt  a  port  duty  may  be  created  within
time  of  memory.     The  Crown  may  grant  to  the  subject
the  right  to  create  a  port,  and  may  grant  to  the  owner
of  the  port,  the  person  under  an  obligation  to  repair,  the
right  of  receiving  a  consideration  for  all  who  use  it, —
a  right  to  receive  so  much  for  every  quantity  of  coals  or
other  commodity  imported  into  the  port.     The  subject
receives  for  that  duty  an  equivalent  in  repairs  of  the
port,  and  the  advantage  he  derives  from  it."^
Where,   however,   a  party"   suing  for  port   duties   as
owner  of  a  port,  gave  no  other  evidence  of  title  than  the
continual  payment  of  a  certain  duty,  which  the  jury  found
unreasonable  in  amount ;  it  was  held  that  he  could  not
have  a  verdict  for  a  less  amount  found  by  the  jury  to  be
reasonable.
'  Hale   de  Port.  Maris,  part  3,  ch.  6,  pp.  73,  74.
ch.  4,  p.  132.  *  Jenkins  v.  Harvey,  1  Gale,  23.
"The  fullest   account    of    this  '  lb.  per  Parke,  B.  p.  27.
"  Mnd  of  dues  is  in  an  old  book  ^  Bnme    y.    Thomson,    i    Q.    B.
"called   'Consuetudines    et    usus  543.     Semble,  that  where  the  duty

"  'Sandaici,'    mentioned  by  Lord  is  claimed  under  a  grant  from  the

"  Hale,   (part    3,   ch.    2,   p.    118  ;  Crown,  which  appears  on  the  evi-

"  oh.   4,  p.    133),  and  there  is  a  dence  to  be  enrolled  of  record,  but

"  long   enumeration    of    them    in  is   not  produced  by  the  plaintiff,

"  Mayor'ofWaterford'scase  (Davy's  the  jury  ought  not  to  be  directed

"  Eep.  6);"  Gunning,  p.  117.  to  presume  such  grant  upon  mere

2  11  H.  Ii.  Cas.  pp.  219,  220.  evidence  of  usage.
