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Peirce, Alfred Edward, New Oxford st, Engineer. Aug 10 at 3 at 41, Maiden lane, Williams, William. Llangefni, Anglesey, Ironmonger. Aug 11 at 12 at Queen Hotel, Covent garden. Lewin and Co, Southampton st, Strand

Chester. Dew, Llangefni Phillips, Arthur Robert, Cheltenham, Gloucester, Dentist. Aug 15 at 11 at office of Wood, Benjamin, Liverpool, Stone Merchant. Aug 11 at 3 at offices of Seaman, Seymour Winterbotham and Co, Essex pl, Cheltenham

st, Liverpool Poffley, John, West Shefford, Berks, Carpenter. Aug 8 at 3 at Queen's Hotel, New- Wood, John, Crewe, Chester, of no occupation. Aug 9 at 3 at Royal Hotel, Nartwich bury. Lucas, Newbury

rd, Crewe. Roberts, Crewe Pool, James, Bilston, Stafford, Butcher. Aug 16 at 3 at office of Stratton, Queen st, Zula, Spiridion Stamati, Cullum st, Colonial Broker. Aug 4 at 2 at cffices of Stocken Wolverhampton

azd Jupp, Lime st Read, Robert, Pontefract, York, Carpenter, Aug 14 at 12 at office of Carter and Atkin

son, Cornmarket, Pontefract Rees, Samuel, Swansea, Glamorgan, out of business. Aug 3 at 2 at office of Richards, Castle sq, Swansea

CONTENTS. Rice, William Henry, Northampton, Boot and Shoe Manufacturer. Aug 4 at 11 at Pea.

cock Hotel, Market sq, Northampton. Andrew Roberts, Thomas Henry, Wrexham, Denbigh, Licensed Victualler. Aug 9 at 12 at

CURRENT TOPICS

609 office of Pierce, Regent st, Wrexham

In re The Wala Wynaad Indian Gold

LIABILITY OF TRUSTEE FOR FAILURE Rogers, Henry Redan, and Iseac Baker, Hereford, Confectioners. Aug 5 at 11 at office

Mining Company ................. 617 OF STOCKBROKBE .................. 611

017

Bolling v. Hobday of Wallis, St Owen st, Hereford

LAW OF DISTRESS .................... 613 Scrace, Isaac, Goldhawk rd, Shepherd's Bush, Coffee House Proprietor. Aug 17 at 4

Vicary v. Stroud .................... 617 CORRESPONDENCE .................... 614

615

Marshall v. Gingell at office of Hauson, King st, Cheapside. Wetberfield, King's Arms yard

CASES OF THE WEEK

CASES BEFORE

BANKRUPTCY Smedley, Charles, Manchester, Mantle Maker. Aug 8 at 11 at office of Lawson, Mount

Pollock v. Rabbits

615 REGISTRARS ................ 618 st, Manchester

615 Ex parte Voisey

SOLICITORS' CASES.................

618 Smith, Charles Pinney, Hudleston rd, Holloway, Clerk. Aug 9 at 2 at office of Dalton

Ex parte Pratt.

616 OBITUARY

............. 619 and Jessett, St Clements House, Clement's lane, Lombard st

In re The Anglo-French Co-operative LAW STUDENTS' JOURXAL ............ 619 Somerville, Benjamin, Newtown, Montgomery, Provision Dealer. Aug 4 at 3 at office

Society
616 LEGAL APPOINTMENTS

619 of Quilliam and Carruthers, Elliot st, Liverpool Spani, Bartholomew William, Norwich, Marble Mason. July 31 at 12 at office of Stanley,

Tomlir v. Underhay ............... 616 COMPANIES
Glen v. Gregg

................ 616 CREDITORS' CLAIMS Bank Plain, Norwich

620 Spencer, Thomas, St Ives, Huntingdon, Currier. Aug 5 at 3 at office of Cranfield, the

Shepard v. Jones .................. 617 LEGISLATION OF THE WEEK ........... 831
Kirk v. Toda

617

COURT PAPERS Quay, St Ives

LONDON GAZETTES, &c., &c..... 622 Spriggs, Henry, Arnesby, Leicester, Cattle Dealer, Aug 9 at 3 at office of Wright,

Belvoir st, Leicester
Tattershall, William Edward, Sheffield, Solicitor. Aug 4 at 3 at office of Clegg, Victoria
chmbrs, Figtree lane, Sheffield

NOTICES TO CORRESPONDENT8.-All communications intended for publication Thomas, David, Dowlais, Glamorgan, Grocer. Aug 5 at 11 at office of Lewis, Glebeland in the SOLICITORS' JOURNAL must be authenticated by the name and address of st, Merthyr Tydfil

the writer. Varley, James, Bishop Auckland, Durham, Watchmaker. Aug 11 at 11.30 at offices of

Edgar, Silver st, Bishop Auckland
Wharton, Richard George, Hulme, Lancaster, Plasterer, Aug 8 at 3.30 at offices of Whit-

The Editor does not hold himself respo nsible for the return of rejected communi worth, St James's sq, Manchester

cations. White, Frederick White, Mendina Wharf, Brentford, Barge and Steam Launch Builder. Aug 2 at 11 at 83, Gresham st. Scott, Cornhill

The Publisher requests that early application should be made by DET BOSS Williams, Henry Griffith, and John Thomas, Liverpool, Builders. Aug 8 at 3 at offices

desirous of obtaining back numbers of the SOLICITORS' JOURNAL, as only a small of Morris and Jones, Dale st, Liverpool

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EDE AND SON,

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LONDON, AUGUST 5, 1882.

TAE CONVEYANCING BILL, which will soon receive the CURRENT TOPICS.

Royal assent, has happily lost its most objectionable feature -we mean the ridiculous proposal relating to the (so-called] protection of solicitors dispensing with investigation of title.

We have shown over and over again that this provision was VICE-CHANCELLOR Bacon intends to rise on Friday, the 4th utterly impracticable, and we are glad that the Select Committee inst., for the Long Vacation.

of the House of Commons has once more refused to lay a trap

for inconsiderate practitioners. In other respects there are one THE VACATION REGISTRARS in the Chancery Division will be added (perhaps suggested by In re Grange, 29 W. R. 502), pro

or two improvements in the Bill. A new clause (5) has been Mr. Teesdale (not Mr. FARRER, as announced last week) and Mr. viding that, on an appointment of new trustees, a separate set of CARRINGTON.

trustees may be appointed for any part of the trust property held

on trusts distinct from those relating to any other part, or parts, WE PUBLISH elsewhere the usual vacation notices. The sit- of the trust property; or, if only one trustee was originally tings of the Vacation Judge will be held in Vice-Chancellor appointed, then one separate trustee may be so appointed HALL’s court, commencing on the 16th inst.

for the first-mentioned part.” Another clause is intended to enable trustees to disclaim powers; and just at the close of the

Bill we find slipped in another amendment of the Conveyancing THE CLASSIFICATION into first, second, and third class clerks Act, 1881, providing that “the right of the mortgagor, under which was applied some months ago to the officers in the Central section 15 of the Conveyancing Act of [sic] 1881, to require a Office, and in the offices of the chief clerks of the judges and of mortgagee, instead of re-conveying, to assign the mortgage debt, and the registrars of the Chancery Division, and to some other legal convey the mortgaged property to a third person, shall belong to, departments, is about to be extended to all the officers in the and be capable of being enforced by, each incumbrancer, or by Lunacy Offices, the Probate Offices, and most of the other legal the mortgagor, notwithstanding any intermediate incumbrance; offices.

but a requisition of an incumbrancer shall prevail over a requisition of the mortgagor, and, as between incumbrancers, a requisi

tion of a prior incumbrancer shall prevail over a requisition of a ABOUT A YEAR ago we announced that a plan had received the

subsequent incumbrancer.” sanction of the authorities whereby the greater part of the printing connected with the courts and offices, including the daily cause lists, would be done at the Royal Courts of Justice. We under- WE ARE GLAD TO OBSERVE that the suggestion of the Council stand that steps are now being taken to carry this plan into of the Incorporated Law Society with reference to acknowledgeffect, and that rooms have been set apart for the printing ments of deeds by married women that one commissioner, not department.

interested in the matter, should be sufficient, instead of two, as at present required, and that no other certificate of acknowledg

ment should be necessary than a memorandum indorsed on the We hear that there is a probability of an attempt being deed, signed by the commissioner, to the effect of the made to induce the Vacation Judges to undertake the hearing of present certificate--has been adopted. Clause 7 of the Conveymatters which have not hitherto constituted an important part of ancing Bill, as amended by the Select Committee, now runs as fol. vacation business. Numerous applications have been made to the lows :-“In section 79 of the Fines and Recoveries Act, and sec. several judges of the Chancery Division for leave to have the fiat tion 70 of the Fines and Recoveries (Ireland) Act, there shall, by for hearing affixed to petitions, and a large number of these peti- virtue of this Act, be substituted for the words, 'two of the pertions will be ready for hearing on the first day of the vacation petual commissioners, or two special commissioners,' the words sittings in court.

one of the perpetual commissioners, or one special commissioner'; and in section 83 of the Fines and Recoveries Act, and

section 74 of the Fines and Recoveries (Ireland) Act, there IN THE INTEREST of London practitioners we may, perhaps, shall

, by virtue of this Act, be substituted for the word persons' express a hope that the daily cause lists which are to be issued the word 'person,' and for the word commissioners' the words from the Royal Courts of Justice will be supplied for a moderate a commissioner'; and all other provisions of those Acts, and all subscription, so that it will be possible for solicitors and counsel other enactments having reference in any manner to the sections to obtain—say for a guinea a year—the delivery, at their offices aforesaid, shall be read and have effect accordingly.” The effoct and chambers each evening, of a complete list of the next day's will, of course, be to make acknowledgment before one come causes in all the courts. There can be little doubt that, as a commissioner sufficient. It is subsequently provided that where the mercial venture, the success of the scheme will depend on a low memorandum of acknowledgment purports to be signed by a perrate of subscription being fixed.

son authorized to take the acknowledgment, the deed is, as regards the execution by the married woman, to take effect at the

time of the acknowledgment, “and shall be conclusively taken to have

been duly acknowledged.” Rules of Court are to be made for AN ACTIVE EFFORT is being made to provide a memorial of preventing any person interested or concerned, either as a party, the eminent services rendered to international law by the late or as solicitor, or as clerk to the solicitor for one of the parties, Professor BLUNTSCHLI. It is proposed to found prizes to be or otherwise, in the transaction, from taking an acknowledgment, awarded for publications and memoirs on subjects connected with but no deed is to be impeachable by reason only that the person international law, the decision of the prizes to be intrusted to taking the acknowledgment was interested. the Institute of International Law and the three faculties of law to which the late professor successively belonged. Committees to carry the scheme into effect have been formed in the different WE PUBLISH elsewhere a letter from a correspondent, in which European countries and in America.

a claim seems to be preferred that the phrase

“ land of

any tenure” shall be taken, not only in the interpretation clausetion whether and how far the law ought to interfere to punish se of the Conveyancing Act, but everywhere else, to include a term mean an act. It seems clear that it is not an indictable offence, of years, apparently upon the ground that it contains the word but it is suggested, although we can discover no authority for tenure. We confess that we cannot contemplate the possibility the position, that an action would lie to recover the expenses of a of such a claim without surprise ; and it indicates, to our mind, prosecution so caused ; an action, however, which, from the a heavy responsibility to be incurred by modern parliamentary poverty of the delinquents, would, in most cases, be merely throwdraftsmen, if the way in which they do their work should be found ing good money after bad. Perhaps the only remedy to be found to foster such ideas. But our correspondent seems to be too hasty is that which is always applied by the unwillingness of all if he means to charge this offence against them only upon the English courts to give credence to a confession ; unlike the proevidence which he produces. When he says, with reference to fessors of the civil law, who have “ attributed a peculiar value to section 23 of the Bankruptcy Act, that “these words apply to all the confessions of parties,” which they pronounced a “species of sorts of leasehold interests in land,” if by “these words ” he means proof of so clear, excellent, and transcendent a nature as to admit the words “ land of any tenure,” we are not at all clear that his of no proof to the contrary (Best on Evidence, 697). It is proposition is “ of course beyond doubt." No doubt that section abundantly clear, however, that in all times and countries false does refer to, and include, terms of years, or "all sorts of leasehold confessions have been very prevalent; and there are even a few interests in land", but not necessarily by virtue of the words instances on record of persons having submitted to capital punish“ land of any tenure.” Since the section contains other phrases ment itself rather than retract their confessions. The latest instance wþich are very well adapted to the purpose—for example, "any in this country appears to be “the celebrated case of Joan PARBY other property that is unsaleable, or not readily saleable, by reason and her two sons, who were executed in the seventeenth century of its binding the possessor thereof to the performance of any for the murder of a man named HARRISON, who re-appeared some , onerous act”-it is quite unnecessary to pick out the inappropriate time afterwards” (16., p. 705). False confessions of deserphrase ' land of any teoure," and to fasten that meaning upon it. tion from the army are so common that a special section of the But very much better grounds could be alleged for allowing that Mutiny Acts, which re-appears in the Army Act, 1881, s. 26, meaning to the phrase in section 23 of the Bankruptcy Act, than has long been passed for their punishment. are available in the case of the Conveyancing Act; because, at the time of the passing of the Bankruptcy Act, freehold lands could not, strictly speaking, be “burdened with onerous covenants”; so that those words may imply a direct suggestion of a leasehold interest, which is wanting in the other case. It, therefore, by no PETITIONERS IN DIVORCE Suits have some reason to complain means follows that to allow the inappropriate meaning in the one of the law's delay when the period of six months from the date of case will oblige us to allow it in the other. Nor do we quite the decree nisi expires in the early part of the Long Vacation, and understand how the citation by our correspondent of the case of it is impossible to obtain a decree absolute before the following Ex parte Allen bears upon the question. *Can it be supposed to November. Last Tuesday, in the suit of Rippingall v. Rippinprove that even “ personal chattels' are included in the phrase gall and Lockhart, an application was made to Sir JAMES HANNEN land of any tenure”?

to exercise the discretion conferred upon the court by the Matrimonial Causes Act, 1866 (29 & 30 Vict. c. 32), s. 2, and to fis a shorter time for making the decree absolute. The six months' in

terval would expire on the 15th of August (just one week after AN INTERESTING QUESTION, which it is very surprising should the termination of the present sittings), and the special grounds have remained so long unsettled, was decided in the case of for the application were that the case was ready for trial at the Payne v. Lord Leconfield (30 W. R. 814). IIas an auctioneer beginning of the Michaelmas Sittings of last year, but that no virtute officii a right to warrant the article which he is selling ? special jury causes were tried until Hilary Sittings. Sir J. HANNEN Lord LECONFIELD sent a mare to a repository for sale, furnishing treated the intervention of the Long Vacation as the sole ground particulars which were printed in the catalogue, and which stated for making the application, and pointed out that that there were that the animal was a brown mare, a clever hunter, and had many other suitors in the same position as the present petitioner, carried the whip.

At the sale, on some remark being made that who would have a claim to relief if the motion were to be granted. she had a running at the nostrils, the auctioneer said he should It is difficult to see why the jurisdiction to make absolute a decree sell the mare as only having a cold. The mare was knocked down nisi should not be conferred, during the vacation, upon the registo the plaintiff and was fovnd to be suffering from glanders. trars of the Division, in cases where thọ Queen's Proctor does not The plaintiff brought an action for breach of warranty, and the intervene, and where there is no unusual delay or other exceptional defendant denied that he had authorized the auctioneer to war- feature in the case. rant the horse as only suffering from a cold. Bowen, J. directed a verdict for the defendant, and, on a rule for a new trial, the Divisional Court held that the auctioneer had no general authority to warrant.“ Anauctioneer,” said Mr. Justice GROVE, “is not a general agent, but is merely an agent to sell, and, as such, cannot give a

AT THE ADJOURNED MEETING of the Incorporated Law Society, warranty without authority from the vendor ; the very absence of held on Thursday last, the following gentlemen were declared to cases on the point shows that he has not this authority virtute be elected members of the council :-Mr. J. HUNTER, Mr. N. T. officii. Brady v. Todd decides that a servant intrusted with a LAWRENCE, Mr. R. R. DEES, Mr. T. PAINE, Mr. R. CUNLIFFE, horse to sell is not entitled to warrant it. Here, so far from there Mr. W. Melmota WALTERS, Mr. J. Donds, M.P., Mr. J. V. being evidence of a delegation by the vendor of authority to war- LONGBOURNE, Mr, J. ADDISON, Mr. C. C. Druce, and Mr. E. J. rant, there is rather evidence to the contrary; for the auctioneer

BRISTOW. sent the vendor a form to be filled in with the particulars as to this mare, which he was about to sell. The vendor, accordingly, filled in this form, but only in part, and this gave the auctioneer authority to warrant the particulars enumerated by the vendor, but no others.” It would be obviously hard on a vendor that he

We are requested to state that the library of the Inner Temple will be should be held responsible for anything the auctioneer might closing out two on Saturdays; and in September it will be open from ten choose to say with a view to getting an article sold, but what to two, and will be closed on Saturdays. about the purchaser who buys an article on the faith of a warranty, and finds he has only the auctioneer to go against ?

According to Kemp's Mercantile Gazette the pamber of bills of sale published in England and Wales for the week ending July 29 was 946. The number in the corresponding week of last year was 1,009, showing: decrease of 68, being a net decrease

in 1882, to date, of 1,032. The number The False CONFEssion of crimes which the party has not presponding week of last year was 39, showing a decrease of ?, being a no committed has become so frequent of late that it becomes a ques- decrease, in 1882, to date, of 247.

access

and the consequent opening and shutting of the gates INJURIOUS AFFECTION OF LAND BY at the crossing, the

to the house was rendered OBSTRUCTION OF ACCESS.

difficult and less commodious. The House of Lords decided in

this case against the claim for compensation. The Lord Chancellor We recently considered the case of The Caledonian Railway Com- in the case we are discussing seeks to put this decision upon the pany v. Walker's Trustees (30 W. R. 569, L. R. 7 App. Cas. 259), principle now well established by Brand's case (L. R. 4 H. L. 171) in its relation to the general principles regulating cases of com- --viz., that damage caused by the subsequent use of the works, as pensation. We now propose to deal with it in relation to prior distinguished from their construction, is not the subject of comdecisions.

pensation, but Lord Blackburn pointed out that this can hardly It is a question of considerable practical, as well as theoretical, have been the real ratio decidendi, as that distinction was not interest how far a supreme appellate tribunal-such as the House developed till some years later. The decision really seems to have of Lordsought to consider itself irrevocably bound by its own gone mainly on the ground that there would, independently of the previous decisions. On the one hand, it would, no doubt, be pro- Act authorizing the works, have been no actionable wrong, because ductive of great mischief if the decisions of the House of Lords, there was no such special damage arising from the obstruction of upon identical facts, fluctuated from time to time according to the the highway to the owner of the property as would, within the conclusions arrived at on each particular occasion by the members well-known doctrine on the subject, have supported a right of of the tribunal then present. On the other hand, difficulties do action. We cannot help doubting the soundness of this way of certainly arise from the operation of the rule which binds even looking at the case ; but another ground was suggested, and whatthe supreme tribunal by its own previous decisions. Some case ever may have been the actual ground of the decision in Ogilvy's of exceptional nicety-a case inter apices--arises, and the court case, it seems to us that it may well stand with the later decisions decides one way; it is subsequently found, when it is sought to —viz., McCarthy's case and the case we are discussing—on the apply the principles of the decision to other somewhat different following ground. It is admitted in all the cases that to give a facts, that its soundness is doubtful, or that its application in many right to compensation there must be some actionable injury to the cases would produce hardship and mischief, and possibly on some property as such. It seems to us that somewhat the same prinslender distinction the former decision is not followed. The ciple applies as in the case of actions for damage to the reversion. theory of our law which makes previous decisions binding on a The prospective probability that some structure or other will be court of co-ordinate jurisdiction, or the same court, is undoubtedly used so as to be a nuisance to property did not at law give a right very frequently modified or evaded in practice, but then the of action for damage to the reversion, because there is no injury mischief arises that in subsequent cases falling between the two to the property itself. If a man built a large building for the really inconsistent decisions, there is very great difficulty in purpose of melting tallow close to a house, and even used it so as determining under which authority the tribunal will bring them. to create a nuisance, the owner of the reversion could not sue,

The case of The Caledonian Railway Company v. Walker's because the building in itself can be no actionable wrong. When Trustees is one of a series of cases in which the difficulty to it is used, a right of action for personal inconvenience to the occuwhich we refer seems to have been felt, though, as we shall here- pier arises from time to time for each act of use, but there is no after show, in our opinion, the decisions themselves in these cases cause of action for damage to the land given by the construction. may well stand together. In the course of the judgments in the So there is no actionable injury to the land by the mere construcHouse of Lords a great many cases are discussed, the names of tion of the railway. This comes, perhaps, to much the same thing which are “ familiar in our ears as household words” in relation as the view that the compensation is confined to injury occasioned to the subject matter involved. Indeed, the case we are discussing by the construction of the works, as distinguished from their use may be said to form the last word (if, indeed, it is the last word) when constructed, but in any view of the case there seems no in a famous controversy. The names of two of these cases will radical incompatibility between the decision in Ogilvy's case and at once convey to the minds of those of our readers who the later decisions. are at all familiar with the subject the nature of the con- We must confess that there seems to us to be much greater troversy-viz., Ricket's case (L. R. 2 H. L. 175), and difficulty in reconciling Ricket's case with McCarthy's case and Metropolitan Board of Works v. McCarthy (L. R. 7 H. L. 243). the recent case which suggested these observations, but we think, In the latter case, when in the Exchequer Chamber, Lord nevertheless, that without any absurdity they may be reconciled. Blackburn, then Blackburn, J., seems to have thought that The doctrine of the later cases, as summarized in the head-note there was in reality a conflict between the previous decision of the to the recent case as reported in the Law Reports (which House of Lords in Ricket's case and the

decision of the Exchequer summary again is really the definition given by Thesiger, L.J., in Chamber in Chamberlain's case (2 B. & S.617), but he followed the arguing McCarthy's case, and approved by Lord Cairns in giving latter case because the House of Lords did not expressly overrule it. judgment in that case), that when the works as constructed And, again, in the case we are discussing he expressed an opinion interfere with the access to private property by a public highway that the decision in McCarthy's case in the House of Lords, or private way, and the value of the property, irrespective of any which followed Chamberlain's case, was irreconcileable with the particular use which may be made of it, is so dependent upon the decisions of the House of Lords in Ogilvy's case (2 Macq. 229) existence of that access as to be substantially diminished by its and Ricket's case. The Lord Chancellor, in giving judgment in obstruction, then the owner is entitled to compensation for such Caledonian Railway Company ý. Walker's Trustees, said: “It is mterference. your lordships' duty to maintain, as far as you possibly can, the The words we have italicized are substantially the same as those authority of all former decisions of this House, and although late used by Willes, J., in Beckett's case (L. R. 3 C. P. 82), and must be decisions may have interpreted and limited the application of taken to be intended to correspond with the ground covered by earlier, they ought not (without some unavoidable necessity) to be Ricket's case, and to represent the exception created by that case. treated as conflicting." No objection can be made to this doctrine We have tried very hard to apprehend clearly the reasoning upon in the abstract; but reading between the lines, and as it was which such an exception might rest, and we cannot honestly say intended to be applied, it reads somewhat like a delicate way of we understand it. It is, of course, easy in case after case formally deprecating his noble and learned friend Lord Blackburn's dis- to distinguish Rickeť s case, on the ground that in that case the position to call a spade a spade. We cannot help thinking that property was only damaged quoad a particular special purpose, the actual decisions are really reconcileable, though the grounds but we want to arrive at the substantial distinction. Property is for them may not oe. The question involved in the cases to not valuable except for some purpose or purposes.

Value is not a which we hare referred is, how far the interference with the general absolute quality, but involves relation to one or more access to premises'y works carried on under statutory powers uses. We cannot see the essential distinction between “ one” use is a subject of compensation under the Lands Clauses Consolida- and "several" uses for this purpose. In Ricket's case the tion Act. In Ogiboy's case a railway was carried over the public property was a public-house with a skittle-alley attached, and there highway close to a house, and the value of the house was no having been a temporary hoarding put up obstructing or interferdoubt deteriorated thereby. The way the claim was put ing with the access during the construction of the works, the was, that by the constant passing of trains over the highway, custom of the house fell off, and the trade was in fact destroyed

land;

or permanently damaged. It is to be observed that the obstruction there was temporary only and incidental, but hardly sufficient

LEGISLATION OF THE YEAR. stress seems to us to have been laid on this on the various occasions on which the case has been discussed, though, no doubt,

GUNPOWDER IN SLATE MINES. this distinction has been pointedly referred to. We cannot help 45 Vict. c. 3.-AN ACT TO AMEND THE LAW RELATING TO THE thinking that the true view of the case principally depends on that fact. We doubt very much whether a sound distinction can

USE OF GUNPOWDER IN SLATE MINEs. [29th March, 1882]. be drawn with regard to the value of premises for a particular

This Act merely gives power to a Secretary of State to exempt use as opposed to their value in general. But it seems to us that any slate mine (not all slate mines generally, as would appear the true view is that, in Ricket's case, there was no injurious from the incorrect marginal note), the owner or manager of affecting of the land itself. The erection of the hoarding may be which shall have made application to him in that behalf, from likened to the temporary obstruction of the highway from time to the general rule contained in sub-section 2 of section 23 of the time by the passage of trains. The owner is damaged in respect Metalliferous Mines Regulation Act, 1872 (35 & 36 Vict. c. 77), of his property, but there is no permanent injurious affection of with respect to the use of gunpowder or other explosive substances, the realty itself, immediately or mediately, through the alteration or any portion of such rule.' The sub-section in question will be of other adjoining realty related thereto. The hoarding was found to be full and precise, directing that the explosives are not probably fixed to the soil, but certainly it did not, in substance, to be (a) stored in the mine, or (6) taken into the mine except in differ in its effects from any large piece of personalty, such as a small quantities, or (c) used at one time in one place except in great piece of moveable machinery, which might, in the course of still smaller quantities, or (d) touched with iron or steel prickers the construction of the works, have interfered with access to the except in mines excepted from the operation of this section by public-house, or even from a great crowd of workmen filling up the the Secretary of State,” and (e) unrammed where a charge has street.

missed fire. The application of the owner for the exemption is We cannot believe that the true principle is to be found in the to be made public in the same manner as “ proposed special words of Erle, J.: “The trade carried on in the house is entirely rules” must be published under the Mines Act—that is, by postdistinct from the estate in the house." No doubt, if the value of ing it conspicuously at or near the mine, and by supplying copies premises continues the same, though a particular trade is ruined by of it to workmen on application at the chief office. The exempthe construction of the works, there is no injurious affecting of the tions may be revoked at any time, but the revocations are not to

but we think it a very different proposition to lay down that come into force until notice has been posted up at the mine for if the value of the premises is diminished merely by reason twenty-four hours. A list of the exemptions granted or revoked that a particular trade cannot be carried on there, there is is to be set forth by the inspector of the district in his annual necessarily no right to compensation. We think that Rickets report. This statute and the Mines Acts may be well compared case may still be regarded as good law, not because it was with with the Factory and Workshop Act, 1878, by those who are reference to a particular use of the premises made by the owner interested in observing the working of the concurrent control of thereof that this value was diminished, but because there really Parliament and public offices over dangerous or unhealthy employ. was no injurious affecting of the realty. The value of premises

ments. may be affected by something that affects the trade carried on there, but it does not follow that there is an injurious affecting

METROPOLITAN BOARD OF WORKS. of the premises themselves. For instance, suppose two or three 45 Vict. c. 14.-An Act to confer FURTHER Powers UPON of the customers of a public-house are robbed and murdered in THE BOARD OF WORKS WITH RESPECT TO STREETS AND an alley leading thereto. The house in consequence may get a BUILDINGS IN THE METROPOLIS. [19th June, 1882.] bad name, and its trade be ruined. The actual value of the realty This Act contains no less than twenty-seven sections, and is may thus be diminished, but no one would say that this was divided into four “parts." through anything that injuriously affected the realty. The land contains, however, will not be found to be of a very important

The amendments of the law which it is affected by what is done to the trade; not the trade by what character. The principal provisions are as follows :—By section is done to the land. The temporary erection of a hoarding 5, the Metropolitan Board of Works has power to name and during works no doubt may, just as in the illustration given, affect number streets, on default of vestries and district boards in comthe value of the land by affecting the trade and that permanently, plying with an order of the Board under section 87 of the Metrobut such temporary interference with the realty seems in sub-polis Management Act, 1855 (18 & 19 Vict. c. 120). By section stance not analogous to a permanent structural alteration for this 9, the Board may annex conditions as to the space to be left open purpose ; it is incidental only to the execution of the works; the where a building is erected beyond the “ general or regular line injurious affecting contemplated by the statute seems to be some of buildings in a street, and, after default in the fulfilling of any of permanent physical alteration of the realty, either immediately or such conditions, may procure an order from a justice of the peace mediately, by the alteration of other realty having relation directing the demolition of the building by the owner, and, in thereto. It seems to us that it would be unsafe to conclude that default of the building being demolished within the time limited if in Ricket's case the value of the premises had been diminished by such order," the Board may forth with enter the premises to by reason of the particular trade carried on there being destroyed which the order relates and demolish the building themselves

. by a permanent interference with the access, there would have This is a very stringent provision, and although the order may not been no right of compensation. It seems to us the decisions may be made without å previous summons requiring the owner to be reconciled on the ground of the substantial distinctions we appear, sufficient regard appears

scarcely to have been had to the suggest, but we abstain from expressing any opinion on the rights of owners, which appear to be placed under the complete question whether they are all satisfactory in point of justice or discretionary control of the justices. Somewhat similar provisions expediency. The real secret of the difficulty which is found in are contained in section 17 with respect to cases “ where a buildthe law on this subject is the substantial difficulty of reconciling ing or structure is ruinous, or so far dilapidated as thereby to have the interest of the general public with that of the individual. become and to be unfit for use or occupation, or is from neglect or

otherwise in a structural condition prejudicial to the property in, or to the inhabitants of, the neighbourhood,” but in such cases, of

course, the summary interference of the Board is almost a matter Mr. Thomas Hughes, Q.C., the recently appointed judge of the County

of necessity. The remaining sections of the Act extend the open Court Circuit No. 9, commenced his duties on Wednesday, at Nantwich. on space to be required to be attached to dwelling-houses (section 14); his Honour taking his seat, Mr. Martin, on behalf of the solicitors of the court

, remove a restriction as to the position of hot-water pipes “ in the knowledgment, said he shared in the general regret that was felt at the cause (section 16);

make better provision for the settlement of differences

case of pipes for conveying hot water or steam at low pressure browser retirement, elle was much obliged for the kind words and between building and adjoining owners (section 21), and

otherwise he hoped he should be able to discharge the duties devolving upon him so 49 amend the Metropolitan Management and Building Acts in to give general satisfaction.

details of little consequence.

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