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by agreement the reversion of a lease containing a covenant for quiet enjoyment, and did work, without negligence, which injured the lessee's interest. Held, that the lessee's only remedy was to proceed for compensation under the Lands Clauses Act, 1845. Kirby v. School Board of Harrogate followed.--Anderson v. Manchester, Sheffield and
Lincolnshire Railway, 78 L.T. 251. (i.) C. D. & C. A.-Notice to Treat--Lands Clauses Consolidation Act,
1845, s. 92.-Where a railway company proposed to build a bridge over a private road, a quarter of a mile from the mansion to which it led, it was held, that the road was not a portion of the house within sect. 92 of the Lands Clauses Act.-Allhusen v. Ealing and South Harrow
Railway, 78 L.T. 285 and 396. (ii.) Q. B. D.- Cheap Trains Act, 1883 (46 & 47 Vict., c. 34), s. 6—-Inspector
of Weights and Measures.--A police constable travelling as an inspector of weights and measures is not entitled to a railway ticket at a reduced rate under sect. 6 of the Cheap Trains Act.- Spencer v. Lancashire
and Yorkshire Railway, L.R.  1 Q.B. 643 ; 78 L.T. 323. (iii.) C. A.--Charges-Siding Rent- Arbitration - London and North-Western
Railway Company's (Rates and Charges) Order Confirmation Act, 1891 (54 & 55 Vict., c. 221), s. 5.-By the above Act the London and NorthWestern Railway are entitled to charge a reasonable sum for services rendered beyond their duty as carriers in connection with goods conveyed by them, and any difference arising under this power is to be settled by arbitration at the instance of either party. Held, that the subject to be referred to arbitration in such case is not merely the reasonableness of the charge, but every difference as to payment of charges, and that action cannot be brought until the difference has been referred.-London and North-Western Railway v. Donellan, 78 L.T. 575.
Rating: (iv.) Q. B. D.- Poor Rate-Building for Police Purposes-Chief Constable's
House.-The occupation by a chief constable and his family of part of premises, the remainder of which is exclusively used for police purposes, does not render the building liable to assessment to poor rate.-Leicester County Council v. Assessment Committee of Parish of
Leicester, 78 L.T. 463. (v.) C. A.-Poor Rate-Exemption.-Decision of Court below (23, 80, viii.)
affirmed.-Royal College of Music v. Parishes of St. Margaret and
St. John, Westminster, L R. (1898] 1 Q.B. 809 ; 78 L.T. 441. (vi.) C. A.–Poor Rate-Station Apmurtenances-Part of Railway directly
earning Profits.- Decision of the Divisional Court (23, 50, v.) affirmed. - Assessment Committee of the Stockport Union y. London and North
Western Railway, 78 L.T. 180. (vii.) Q. B. D.-Drainage-Differential Rating.--The principle upon which
drainage rates should be calculated is that an equal rate should be levied on all property which is benefited by the drainage works; not a differential rate based on the advantages which particular properties derive from the works. Metropolitan Board of Works v. Vauxhall Bridge Co. (29 L.T. O.S. 211; 7 E. & B. 964) considered.—Knight v.
Langport District Drainage Board, L.R.  1 Q.B. 588; 78 L.T. 260. (viii.) C. A.- Market Garden-Glasshouses--Agricultural Rates Act, 1896,
88. 1, 2, 5, 6, 9-Agricultural Rates Order, 1896, drts. 1, 4.-Glasshouses in a market garden are to be rated as “buildings.” Decision of the Divisional Court (23, 51, i.) reversed, dissentiente Williams, L.J.; Purser v. Worthing Board of Health (56 L.T. 447; 18 Q.B.D. 808); and London and North-Western Railway Co. (22, 76, v.) distinguished. -Smith v. Richmond, LR.  1 Q.B. 683; 78 L.T. 174.
(i.) Q. B. D.-Coal Mines.--In the rating of a colliery leased at per acre
of coal gotten the assessment committee had entered the gross and the net at the same figure, and it was contended that in an appeal which had been referred to arbitration evidence could not be received that the way to arrive at net annual value was by making the proper deductions from the total receipts. Held, that the evidence was admissible, and that the gross was to be treated as an ascertained figure from which the colliery owners were entitled to such deductions as they could support.— The Denaby and Cadeby Colliery Co. v. The
Assessment Committee of Doncaster Union, 78 L.T. 388. (ii.) Q. B. D.-Reservoir --Public Health Act, 1875 (38 & 39 Dict., c. 55),
$. 211, sub-8. 1 (b).--A water company's cement-lined reservoir covering many acres of ground was held to be “land covered with water" and therefore rateable at one-fourth of its net annual value. East London Waterworks Co. v. Leyton Sewer Authority (6 Q.B. 699) commented on.-Southwark and Vau.chall Water Co. v. Hampton Urban District
Council, 78 L.T. 420. (iii.) Q. B. D.-Limit Fixed by Local Act Exceeded by Inclusion of Other
Charges. By the Crediton Improvement Act, 1836, a district of the parish was freed from liability for highway repairs outside its boundary and the powers of Commissioners appointed under the Act to levy rates was restricted to 2s. ld. in the £. The district became under the Public Health Act, 1872, an urban district, and the Commissioners the sanitary authorities. By a confirmation order the urban district was extended so as to take in the whole of the parish. Under these circumstances a rate was levied of 3s. 6d. under the title of the “ Crediton Improvement Rate,” but in reality to cover in addition other charges, including a highway rate on the added district. Quarter Sessions amended the rate by expressing that it was made also under the Public Health Acts; but it was held that the rate was bad as the Improvement Act had been unaffected by subsequent
legislation.-Hill v. Crediton Urban District Council, 78 L.T. 351. (iv.) Q. B. D.--Highway Rate--Exemption From---Highway Acts, 1835
(5 & 6 Wm. IV., c. 50), s. 33 ; 1852 (25 & 26 Vict., c. 61), s. 35,- Where a corporation liable to the repair of a highway ratione tenuræ had paid a fixed sum in full discharge of all claims thereafter for repair, on an order under sect. 35 of the Highway Act, 1862, it was held that the corporation was not exempted from the usual rates for the repair of highways in the parish generally.-North-Eastern Railway v. Overseers oj Dalton Parish, 78 L.T. 524.
Remoteness :(v.) C. D.- Power-Appointment. In 1843 a husband and wife under
powers of their marriage settlement, dated 1793, gave to each of their daughters who should marry, £1,500; to such of the daughters as remained single the income of the residue for life equally; and on the death of the last surviving single daughter (or on her marriage as the event might be) the residue itself to all the surviving children, male or female, equally. The appointors died in 1846 and the last surviving unmarried daughter in 1897. Held, that all the gifts were void for remoteness, except the gift of an equal share of the income to the daughters who remained unmarried.-In re Gage; Hill v. Gage,
L.R. (1898] 1 Ch. 498; 78 L.T. 347. (vi.) C. D.-Will_Charitable Gift.-Money was left on trust for erecting
almshouses and an orphanage so “ soon as any land shall at any time be given or obtained for the purpose." Held, void for remoteness and not charitable bequests.-In re Gyde; Ward v. Little, 78 L.T. 449.
Res judicata :(i.) Q. B. D.- Wall Beyond Building Line- Information-Dismissal
Public Health (Buildings in Streets) Act, 1888.-An information laid against the appellant, under sect. 3 of the Act, for projecting a wall of a house beyond the building line, was dismissed on the ground that justices were equally divided in opinion. But justices convicted on a second information which differed from the first only in alleging that the offence had continued for a longer period. Held, that the dismissal of the first summons was final, as it in effect decided that the erection was no offence against the Act.-Kinnis V. Graves, 78 L.T. 502.
Revenue:(ii.) C. D.---Settlement Estate Duty-Finance Acts, 1894 (57 & 58 Vict., c. 30),
88. 5, 22; 1896 (59 & 60 Vict., c. 28), ss. 19, 24, 39.-Settlement duty payable under the will of a person who died between the dates fixed for the commencement of the Finance Acts of 1894 and of 1896 respectively was held to be payable out of general residue. In re Webber ; Gribble v. Webber (21, 71, i.) applied.-In re Gibbs ; Thorne v. Gibbs,
L.R.  1 Ch. 625 ; 78 L.T. 289. (iii.) C. A.-Estate Duty-Finance Act, 1894, s. 21, sub-8. 5.-Sub-sect. 5 of
sect. 21 does not apply to cases where both the income of property settled by the survivor and the property itself reverts. Decision of Court below (23, 51, viii.) reversed.- Attorney-General v. Strange, 78 L.T. 516.
River Pollution :-
---A person is not guilty of wilfully causing, contrary to sect. 92 of the
Settled Land:(v.) C. D.-Payment by Tenant for Life-Improvements-Settled Land Acts,
1882 (45 & 46 Vict., c. 38), s. 25 (vi.) (xx.); 1887 (50 & 51 Vict., c. 30), 8. 1.--The repayment, by the trustees of settled estates, of money expended by the life tenant in effecting a transfer of improvement charges does not come within sect. 1 of the Act of 1887. The replacing of thatch by iron roofing is an improvement within sect. 25 (xx.) of the Act of 1882.- In re Verney's Setiled Estates, L.R. (1898] 1 Ch. 508;
78 L.T. 191. (vi.) C. D.-Mortgage-Settled Land Acts, 1882 (s. 2, sub-s. 1); 1890, s. 11.
-A tenant for life of estate A, which was unincumbered, settled
78 L.T. 225. (vii.) C, D.-Compound Settlement-Charges- Settled Land Act, 1882, ss. 2,
10—Vendor and Purchaser dct, 1874.-In a re-settlement deed a life estate given to the father was not expressed to be in continuation of any estate in him. Held, that it was a new settlement, not a compound settlement; and that the life tenant could not sell free from jointures and portions charged in previous settlements. — In re Mundy and Roper, 78 L.T. 547.
(i.) C. D.- Compound Settlement-Settled Land Acts, 1882, 88. 2, 20, 38;
1890 (53 € 54 Vict., c. 69), 8. 4.—The surviving life tenant of property left in strict settlement on which a jointure created by a prior life tenant was existing, desired to sell. Held, that he could give a good title, and the trustees appointed for the purposes of the Settled Land Act could give a good discharge for purchase money, and that it was not necessary to appoint trustees of the compound settlement. In re Tibbit's Trusts (23, 14 ii.) distinguished. - In re Keck and Hart's
Contract, L.R. (1898) 1 Ch. 617; 78 L.T. 287. Ship :(ii.) Adm.-Collision-Tyne Pilotage Act (28 Vict., c. 44), ss. 10, 11, 16, 22
Merchant Shipping Act, 1894 (57 € 58 Vict., c. 60), s. 604.-A steamer, neither the master nor mate of which held a pilotage certificate, while carrying passengers up the Tyne in charge of a licensed pilot came into collision, through his fault, with another vessel. Held, that notwithstanding that the Tyne Pilotage Act renders pilotage optional, sect. 204 of the Merchant Shipping Act, which makes pilotage compulsory under such circumstances applied, and that therefore the owner of the steamer was not liable for the loss caused by the collision. The Johan Sverdrup (12 P.D. 43 ; 56 L.T. 256) distinguished.--The Warsaw,
L.R. (1898] P. 127; 78 L.T. 327. (iii.) Adm.-Sale-Liens-Purchase Money.—A firm agreed to purchase &
ship, and on paying a deposit received eight shares in the vessel, which they mortgaged. The firm subsequently suspended payment, and the vendors retook the vessel and cleared off an old lien upon her (see 23, 20, ix.), paid a sum to cancel an adverse charter, repaired the vessel, and then sold her to a foreign firm. In a claim made by the mortgagees of the eight shares, a decree by consent was made that they were to have a certain ratio of the purchase money, less such deductions as might be established. Held, that the discharge of the liens, the costs of cancelling the charter and of repairing the vessel were not proper deductions from the purchase money before division, but that the brokerage on the sale was. The Orchis (15 P.D. 38; 62 L.T. 407) distinguished.—The Ripon City, otherwise The Silvia, L.R.  P. 78 ;
78 L.T. 296. (iv.) C. A.-Salvage.-- Where property worth upwards of £76,000 was at
great risk and with skill salved by two steamers, maintained with steam up constantly especially for salvage purposes, the Court upheld as reasonable an award of £19,000 to the salvors.-The Glengyle,
L.R. (1898] P. 97; 78 L.T. 139. (v.) Adm.- Incomplete Performance of Towage Contract.-A vessel which
a tug owner had contracted to tow into dock went ashore without any fault on part of tug or of tow. Held, that the tug owner had no claim. Subsequently the tug, on request, rendered assistance which saved the cargo and earned freight. Held, that this was salvage service, for which tug owner was entitled to remuneration.—The
Madras, L.R.  P. 90; 78 L.T. 325. (vi.) Com. Court.--Bill of Lading-Insurance-Exceptions.A bill of
lading contained among the exceptions “ loss or damage arising from accidents or defects latent on beginning of voyage or otherwise.” Held, that there was an implied condition that the ship was fit to carry the cargo; and that damage caused to the cargo by the ship being insulated for refrigerating purposes was not within the exceptions.-Waikato (Owners of the Wool Cargo on board) v. New Zealand
Shipping Co., L.Å.  1 Q.B, 645 ; 78 L.T. 197. (vii.) Com. Court.-Insurance-Liability of Ship's Underwriters for
Damaged Cargo.-While a ship was insured against perils “ of the seas, and of all other perils, losses, and misfortunes, that shall come to the hurt, detriment, or damage of the said ship or any part thereof,” her cargo was rendered worthless and offensive from the consequences of a collision, and the owner of the cargo abandoned it to his underwriters, who declined to take delivery or pay freight. An attempt to recover from the insurers of the ship the expense of clearing away the refuse cargo failed, as the claim was held not to fall within the policy.---The Field Steamship Co. v. Burr, L.R. 
1 Q.B. 821; 78 L.T. 293. (i.) C. A.-Insurance--Negligence-Notice of Abandonment.- Decision of
Court below (23, 20, vii.) affirmed. Notice of abandonment need not be given to underwriter on freight.-Trinder, Anderson & Co. v. North Queensland Insurance Co., 78 L.T. 485; Same v. Thames and Mersey Co.;
Same v. Weston, Crocker & Co. (ii.) H. L.-Insurance--Collision Clause.- Appended to a collision clause
was a proviso “ that this clause shall in no case extend to any sum which the assured may become liable to pay or shall pay for removal of obstructions under statutory powers consequent on such collision.” Held, that underwriters were freed from liability to indemnify insurers for expenses incurred in removing wreckage following a collision. The North Britain ( P. 77; 70 L.T. 210) followed.-Tatham,
Bromage d Co. v. Burr; The Engineer, 78 L.T. 473. (iii.) Com. Court.-Insurance-Lloyd's Slip-Stamp Act, 1891 (54 & 55
Vict., c. 39), 88. 91, 93. –The “slip" or " covering note" issued at
v. Smith, L.R. (1898] 1 Q.B. 829; 78 L.T. 465. (iv.) C. A.-Insurance - Repairs -- Survey for Re-classification -- Costs.-
Decision of Court below (23, 44, i.) affirmed. The Marine Insurance
paid.--The Hollinside, L.R. (1898) P. 131. (vi.) Q. B.-Re-insurance. --The defendant, an underwriter, re-insured
with the plaintiffs a ship on which he had issued two policies of insurance. During the currency of the re-insurance one of these policies expired, the other was cancelled. A new one was issued by the defendant varying slightly from the former ones, and the ship became a total loss. The plaintiffs paid the defendant, but now sought to recover this payment on the ground that at the time of the loss no policy was in existence which was in existence when they took the risk of re-insurance. Held, that as the defendant had an insurable risk both at the time the plaintiffs undertook the re-insurance and at the time of the loss, the plaintiffs could not recover.-The Lower Rhine, &c.,
Insurance Association v. Sedgwick, L.R.  1 Q.B. 739; 78 L.T. 496. Solicitor :(vii.) C. A.-Lien-Obligation to Third Parties.-A solicitor who has a lien
on documents is nevertheless bound to produce the documents to a third party if his client would have been under such an obligation.In re Hawkes ; Ackerman v. Lockhart, 78 L.T. 336.