DIGEST OF CASES RELATING TO PUBLIC HEALTH LOCAL GOVERNMENT CHAMBERS Stanbarfc %cgal Works, PUBLISHED 15 Y XT T 90 Fl UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY the late W. C. GLEN, il Government Poard. id R. C. GLEN, M.A., Price 30s. Qd. nt: anslated by HERBERT IWICK, (Knightbridge Cambridge). (1888). Price 10-r. Qd. tensive treatise on the vfessor Sidgwick in his ische Arnien- IVesen, I felt supplied by a remarkably rould be of real value not r poor law, but also to all :stions." to 1880, and The .rs of the Poor Law ed Cases, and Index, w DOUGLAS LAWRIE, Poor Law Or The Ord( formerly F loth Edit LL.B., Ba The English By Dr. P. PRESTON-' Professor This work \ English Poor Lc. preface says : "When I re that a need, which h thorough piece of 1 only to all persons j English men and wo Fry's Assess] Seventh I Rating A< Board an< By R. Cu M.A., Bar /;/ the prese ating to the subject are included, together /**/* u j^i & c^ v/ ^^ ^^^^u, ^^^. ** .,*., Circulars issued by the Poor Law Board and Local Government Board with reference to these Acts are given ; and such additions have been made to the Introduction and the Notes as seemed to be requisite to bring the information down to the time of publication. Price }2s. d. The Law of Public Health and Local Government, Tenth Edition : Embracing the Public Health Consolidation Act, 1875, and all other Acts giving Powers to Local Authorities. By the late W. CUNNINGHAM GLEN, formerly Principal of the Legal Department of the Local Government Board, and ALEX. GLEN, M.A., LL.B., Barristers-at-Law. (1888.) Price 45*. Cloth, or in i Law Calf, 50*. Law Times. "There is no book on the subject bearing any comparison with this one by Mr. Glen The work must be considered absolutely complete. " Public Health. "We. cannot speak in too high terms of Mr. Glen's 'Law of Public Health.' It affords throughout evidence of the care and accuracy with which it has been compiled,. and which, with the vast amount of information given, renders it an indispensable guide. An index,, extending over eighty pages, facilitates reference to any part of this magnum opus." Model Byelaws under the Public Health Acts Amendment Act, 1890: In respect of Telegraph Wires, New Streets and Buildings, Alteration in Buildings, Sanitary Conveniences, Whirligigs, &c., &c. (1891.) Price 4*. Qd. These Byelaws have been very extensively adapted by Local Authorities through- out the Country, and may be thoroughly relied upon, as meeting the requirements of the Local Government Board. Standard Legal Works. Practical Guide for Inspectors of Nuisances, Second Edition : By F. R. WILSON, Inspector for the Rural Sanitary Authority of the Union of Alnwick, etc. : Fellow and Silver Medallist of the Royal Institute of British Architects ; Diocesan Surveyor for the Archdeaconry of Lindisfarne; Chairman of the Burial Board, Alnwick, &c. (1891.) CONTEXTS. Introduction. Chapter I. On the Origin and Institution of the Offu Inspector of Nuisances with the General Orders of the Local Government Hoard concerning the Duties of Inspectors of Urban Sanitary Authorities, and of the Duties of Inspectors of Rural Sanitary Authorities. Chapter II. -The Duties and the Manner of their Performance considered. Chapter III. The Fourteen Regulations of the General Orders examined. Chapter IV. On Sewerage and Drainage. Chapter Y. Privio, Waterclosets, tne Rivers Pollution Act, 1876: the Public Health (Water) Act, 1878; and the Public Health (Interments) Act, 1879, an d Amending Acts to close of Session of 1891 ; with an Index by F. STRATTON, Solicitor. A well-printed portable volume, bound in limp cloth. (1892.) Price Qs. Qd. The Public Health (London) Act, 1891 : With Notes. By E. LEWIS THOMAS, Barrister-at-Law. (1892.) Price \Qs. Qd. The Municipal Corporations Act, 1882 : And provisions of the Ballot Act and Corrupt Practices Prevention Acts, applicable to Municipal Elections, and other Statutes, with Notes. By HUGH OWEN, of the Middle Temple, Barrister-at-Law. (1882.) Price 12-f. Qd. Times. "Mr. Owen's edition of this Act is probably the best, as it certainly is the most thorough, that has yet appeared." Citi-.cn. "As a work of reference Mr. Owen has made it complete." Laii' Times. " This is a book which should be in every lawyer's library, and will be found indispensable by every Town Clerk." The Law on Adulteration : Being the Sale of Food and Drugs Acts, 1875-79. By THOMAS HERBERT. (1884.) Price 5*. The Law relating to Highways : By the late W. CUNNINGHAM GLEN, formerly Senior Legal Assistant to the Local Government Board, and ALEXANDER GLEN, M.A., LL.B., of the Midland Circuit, Barristers-at-Law. Price 42^. Cloth ; 48-r. Law Calf. BOOK I. The Common Law relating to Highways. Chapter I. The several kinds of Highways. Chapter II. The Creation of Highways. Chapter III. Rights in respect of Highways. Chapter IV. The Liability to Repair Highways. Chapter V. Enforcement of the Repair of Highways. Chapter VI. Public Nuisances in connection with Highways. Chapter VII. Abatement of Nuisances in connection with Highways. Chapter VIII. Private Injuries in connection with Highways. BOOK II. The Statute Law in relation to Highways, including all the Statutes on the Subject from the 5 & 6 Will. IV., c. 50, to the present time, with voluminous Notes and Cases on the several sections. Times. "A work of no ordinary research and erudition .... a model of industry and completer ^ ^ L> C .ANDY D::GES r OF MORE THAN 2750 CASES K ELATING TO PUBLIC HEALTH AND LOCAL GOVERNMENT WITH MOEE ESPECIAL REFERENCE TO THE POWERS AND DUTIES OF LOCAL AUTHORITIES, INCLUDING COUNTY COUNCILS. BY GEOKGE F. CHAMBERS, F.Pv.A.S., 01' THE INNER TEMPLE, BAREISTEE-AT-LAW ; AN ASSOCIATE OF KING'S COLLEGE, LONDON (ENGINEERING DEPARTMENT), AND AX ASSISTANT BOUNDARY COMMISSIONER FOR ENGLAND AND WALES (1887). Author of "-4 Digest of Hie Law relating to P-ttbHc Health," "A Handbook of PnWc Meetings, and many other WorJis. LONDON: KNIGHT AND CO., 90 FLEET STKEET. 1893. LONDON: PRINTED nY WILLIAM CLOWES AND SONS, LIMITED, M AMPOriD STREET AND CHAUISft CROSS. PREFACE. SOME years ago, wheii preparing for press the 8th Edition of iny Digest of the Law Relating to Public Health and Local Government, I arrived at the conclusion that, owing to the immense increase in the number of the Cases on the subjects dealt with in that Work, which year by year were coming before the Superior Courts, the time was approaching when it would be expedient to gather those Cases into a separate volume. That time has, I think, now fully arrived, and hence the publication of the present Digest. The classification of the Cases conforms in the main to that originally adopted, but the very large number of new Cases which have been reported since 1881 has rendered satisfactory classification very difficult, and good indexing more than ordinarily important. The indexes will I trust be found very full and therefore useful. Any one who has studied with attention the Cases which have come before the Courts of Law during recent years under the great stimulus given to Municipal matters in Town and Country alike, will readily understand how difficult is the task of drawing lines of demarcation between subject and subject. Having had occasion to exhibit Cases relating to Bates and Public Libraries in new editions of my Works on those subjects, questions relating to Eating and Libraries (including Museums, Parks and Eecreation Grounds) will, as a rule, not be found in the present volume. Subject to this reservation, this work therefore is intended to exhibit generally all the Cases relating to Public Health and Local Government in the widest sense of those phrases. Inasmuch as the Highway Cases and the Cases decided under the "Local Government Act, 1888," all hang very much together respectively, and readily yield to a comprehensive and convenient system of Classification, they have been put together in separate " Parts " (being Part II. and Part III. respectively), the 1st and principal " Part " containing all the Cases which may be said to cluster round the " Public Health Act, 1875," and its affiliated Acts, now very numerous and important. It ought to be added, however, that Cases decided under the " Municipal Corporations Acts," the " Poor Law Acts," and the " Burial Acts," are not included, unless they have some special bearing on the subject of Local Government generally, that is to say, on the powers and duties of County Councils, Local Boards, Boards of Guardians, &c., in their aspect of Local Administrative Authorities. The reader is asked specially to bear in mind that this Digest has only a iv PREFACE. modest aim, namely, to serve as a sort of Encyclopaedic Index to the Authorised Reports. A mere outline only of each Case has been attempted, the object aimed at being to give a clue to the general principles laid down rather than a detailed statement to tell readers where to look for what they want without always professing to supply here in full what may be wanted. Within the limits of space prescribed much detail would have been quite impossible. For more explicit information respecting the principles on which the Digest has been put together, the reader is referred to the " Introduction." The references have been corrected by the several Reports up to November 15, 1892. It only remains that I should tender my thanks to Mr. H. W. Fovargue, the able Town Clerk of the Borough of Eastbourne, for much useful help in the revision of the proof sheets, and generally. . Clerk 21 50. 20. Coal Duty 22 51 21. Compensation 22 52. 22. Contract 24 53. 23. Contract, Disqualification from . . 26 54. 24. Dangerous Structures ... 28 55. 25. Disqualification .... 28 26. Distances, Measurement of . . 29 27. Ditch 29 28. Division of Districts .... 29 29. Drains 29 30. Election Business . . . . 30 56. 31. Estimate 31 57. 32. Fences 34 58. 33. Fire-Engine 35 59. 34. Food, Unwholesome . . . 35 60. 35. Footpath 36 61. 36. Gas Company, Powers, &c., of . . 36 62. 37. Guardians, Board of . . . 38 63. 38. Hackney Carriages . . . . 38 64. 39. " House," Definition of . . 39 65. 40. Income Tax 40 i 66. Infectious Diseases, Hospitals, Mortu- aries 40 Jurisdiction ..... 42 Landlord and Tenant ... 42 " Lands Clauses Act, 1845 " . .44 Legal Proceedings .... 48 (i.) General 48 (ii.) " Certiorari " . . . .50 (iii.) County Court . . . .51 (iv.) " Elegit " .... 51 (v.) Evidence .... 51 (vi.) Injunction .... 52 (vii.) Justices ..... 52 (viii.) " Mandamus " . . . ,54 (ix.) Sessions ..... 55 (x.) "Quo Warrauto" . . .55 (xi.) Taxation of Costs ... 56 Liability for Accidents, &c. . . 56 Libel <;-J Licenses 62 " Lighting Act, 1833 " . .63 Local Government Board, &c. . . 64 Markets ...... 65 Minute Book 68 Mortgage 68 Notices 69 Nuisances 70 (i.) Animals . . . 70 (ii.) Brick-burning. ... 71 (iii.) Noxious Trades . . .71 (iv.) Smoke . . . x .73 (v.) Various 74 " Occupier," Definition of . . . 76 " Owner," Definition of . .77 Parliamentary Expenses ... 78 Paving Expenses .... 79 Petroleum ..... 85 Pound 85 Powers of Local Authorities . . 85 Provisional Order .... 86 Salary, &c 87 Scavenging ..... 87 Seal 89 VI CONTENTS. 67. Sea-shore . t . . .'... 68. Sewer ... 69. Statutes, Interpretation of . 70. Street . . . 71. Surety * . . ..... 72. Surveyor . . . 73. Time, Computation of 74. " Town," Definition of 75. " Towns' Police Clauses Act, 1817 " 76. Tramways 90 77. Treasurer 90 78. Turnpike ... 95 | 79. Waler Company, Towers, &c., of 97 I 80. Water, Pollution of . 100 (i.) By Gas . 100 (ii.) By Sewage 101 ' (Hi.) Various , 102 81. Water, Bights aa to . 102 82. Works 102 PACK 104 104 104 109 109 109 112 113 116 PAET II. HIGHWAYS. PAGE 1. Authorities Managing Highways . . 118 (1.) Highway Boards . . .118 (2.) Surveyors of Highways . . 119 (3.) Various special Powers under the " Highways Act, 1878 " (41 & 42 Viet. c. 77) . . . . 121 2. Legal Proceedings by and against Au- thorities managing Highways . 122 8. Highway Accounts . . . .124 4. Creation of Highways . . . 125 (1.) Proofs generally of a way being a Highway .... 125 (2.) Dedication of Highways . . 128 (i.) Generally . . . .128 (ii.) Acquiescence in, and presump- tions as to . . . .129 (iii.) Limited Dedication: Bars and Gates 131 (iv.) In accordance with the " High- way Acts" . . . .133 (3.) Eights as to soil adjacent to High- ways 134 5. Stoppage, Diversion and Widening of Highways . . . . . 136 (1.) Notices as to . . . . 136 (2 ) Orders for Stopping up, &c. . 137 (3.) Appeals against Orders . . 140 (4.) Powers and Duties of Kailway Companies . . . . 141 6. Obstruction of, and Nuisances on High- ways 147 (1.) What amounts to ... 147 (2.) By Kubbish and Materials; in- cluding Excavations and Un- fenced Holes . . . . , 149 (3.) By Cattle and Animals, including Vehicles, Biding, and Driving . 151 (4.) By Fires and Smoke, including Fire-arms, Steam-Engines, and Games ..... 153 (5.) By Trees and Water . . .154 (6.) Legal Proceedings as to Obstruc- tions, &c 155 Kepair of Highways .... 158 (1.) Liability to Kepair . . .158 (i.) In Pctiishes and Townships . 158 (ii.) Liability Ratione Tenurie . 161 (iii.) By Statute, including Contribu- tions for Turnpike R >ads . 162 (iv.) In respect of " Extraordinary Traffic" under the "High- ways Act, 1878," 23 . . 165 (v.) Arising out of Inclosures . . 166 (2.) Highways in different Parishes . 167 (3.) Obtaining Materials for Kepair . 168 (4.) Indictment for non-repair . . 169 (5.) Liability for non-repair . . 176 Miscellanous Highway cases. . . 177 Bridges 178 (1.) Definitions of . . . .178 (2.) Approaches to . . . .179 (3.) Liability to repair . . . 179 (4.) Legal Proceedings connected with 183 1. Election Business 2. Financial Matters 3. Highways and Bridges 4. Legal Points PART HI. COUNTY COUNCILS. PAGE 185 186 187 187 5. Officers 6. Police 7. General Powers I'AOK 187 188 188 ADDITIONAL CASES INDEX OF NAMES OF CASES INDEX OF SUBJECTS OF CASES 189 191 213 ( vii ) INTRODUCTION. THE following explanations as to the objects aimed at in this Digest may con- veniently be given as a guide to the reader consulting it. Where a decision was appealed against, references to Eeports of the Case in its earlier stages are usually omitted unless the facts and arguments were not set forth with satisfactory fulness at the final stage. Much confusion often arises in citing references to periodicals running over a long term cf years, where there exists an "Old" and a "New" Series of each. Having considered this matter in connection with the Laic Journal and Law Times, and bearing in mind that the " New Series " of each of these periodicals has now been going on for many years, and that references to the "Old Series" are not only few, but cannot increase, it has been decided on reflection to suppress the letters "N. s." usually appended to references to the above-named periodicals, and to do the converse thing, that is, append the letters " o. s." to such references as apply to the " Old Series " of each respectively. This arrangement, it is to be tinderstcod, is limited to the Latv Journal and Law Times, and does not extend to any other works, so that the Common Bench Reports, for instance, are cited in the usual way, " Common Bench" and " Common Bench, Neic Series," and so on in other instances. The ample Index of subjects appended, coupled with a little ingenuity on the part of the reader, in always turning to more heads than one, will, it is hoped, render reference to the Cases a task free from serious difficulty. Though the Wcel-ly Reporter is not as a rule cited, many of the Cases will be found therein. The dates appended will facilitate search. The Weekly Reporter and the Jurist are usually only cited in instances where no other Report was to be had, but this has not been from any distrust of the WeeJcly Reporter at any rate, because that is a very trustworthy and useful publication. It was necessary, however, to draw the line somewheie, or there woulel have been a supeifluity of references in many places. The Times is freely cited, for that Journal often reports Cases of importance not noticed elsewhere, and the periodical reprint of Times Cases has come to be looked upon as a very authentic and useful record. Cases which are obsolete by reason of subsequent legislation, or because they have been overruled, are usually suppressed altogether. If in a few instances the titles of such Cases have been given with an asterisk prefixed, this has been done Vlll INTRODUCTION. because it was judged convenient for some reason or other that these Cases should not be entirely lost from record. It must of course be understood that the Cases have been taken very much as they were found reported. It has been no part of my duty to comment on them, still less, save in very exceptional instances, to attempt to reconcile contradictions, of which not a few will be found. The reader who concerns himself with such details will find that great pains have been taken to exhibit the references not only correctly but methodically. Every reference has been specially verified and very carefully read at press. Care has been taken in the Index to distinguish Cases of the same name from one another. In some few instances the same Case has been printed twice over where reasons of convenience seemed to render this expedient. Making allowance for this the total number of Cases here digested will be found to amount to more than 2750. DIGEST OF CASES. PART I. PUBLIC HEALTH, 1. AC COUNT AWT. 1858. [1] Haiyh v. North Bierley Union. A Board of Guardians by resolution employed an Ac- c luntant ; his appointment was not by a contract under seal, but he was held entitled to recover for work done. (28 L. J., Q. B , 62 : E. B. & E., 873: 31 L. T., (o. s.), 213.) 1857. [2] Itey. v. Worltsop L. B. Accountant Held that the Court of Quarter Sessions was entitled to decide whether a Local Board was justified in incurring the expense of employing an accountant. (21 J. I 1 ., 451.) 2. ADOPTION OF "THE PUBLIC HEALTH ACT." 1857. [3] tiarber v. Jessopp. Validity of application of the " Public Health Act, 1848 "Inexact use by Inspector in his Report of the terms " parish," " town, ' and '' township " Application held valid Highway Kate over the whole Parish held invalid. (20 L. J., Ex., 18G : 1 H. & N., 578 : 28 I,. T., (o. s.), 306.) 1859. [-4] Bird, Ex parte. Adoption of the " Local Govern- ment Act, 1858 " Appeal to Secretary of State who confirmed the adoption His Order held binding and conclusive and beyond the interference of the Court, and this though on the face of the Order it was doubtful whether it was good Mandamus for a Poll of the Ratepayers refused as too late. (28 L. J., Q. B., 2-13 : 1 E. & E., 931 : 33 L. T., (.>. s.), 162.) 1871. [5] Dricer v. Kingston II. B. Adoption of "Local Government Act, 1858 " Repair of high- ways Outstanding contract w.th the High- way Board Contractor held entitled to recover on his contract for work done during 2 months following Adoption of Act. (24 L. T., 480 : 20 W. It., 20.) 1870. [6] Littleborovgh L. B., Ex parte. Meeting to adopt " Local Government Act, 1858 " Chairman 11 takes the show of hands, but if a Poll is demanded, the Summoning Officer is to con- duct it. (22 L. T., 437.) 1862. [7] Mailock Batli District, Ex parte. " Local Govern- ment Act, 1858," 12, 14, and 16 Though a place has boundaries assigned to it, it can- not adopt the above Act until the parish in which it is situated has refused to do so Mandamus to Secretary of State to publish boundaries, refused, because the parish mean- while had resolved to adopt the Act. (31 L. J., Q. B., 177 : 2 B. & S., 543 : 6 L. T., 243.) 1864. [8] Peg. v. Bird. Proposed adoption of the " Local Government Act, 1858 " If the Chairman has improperly refused to cause a Poll to be taken, the Meeting is abortive and a ne--v Meeting is necessary Mandamus refused. (39 L. T. Newsp., 286.) 1873. [9] Reg. v. Grasmere L. B. ' Local Government Act, 1858," 12 and 17 Adoption Place having " a known or defined boundary " Township containing detached portion of other Town- ships Order by Local Government Board for adoption held valid. (42 L. J., Q. B., 131 : [Iteg. v. Local Government Board] L. 11., 8 Q. B., 227.) 1868. [10] Beg. v. Hardy (Secretary of State for the Home Department). Adoption of the " Local Government Act, 1858," by a Parish which included a Corporate Borough but not the whole of Parliamentary Burough of the same name Adoption held valid. (38 L. J., Q. B., 9 : L. K., 4 Q. B., 117 : 9 B. & S., 926 : 19 L. T., 352.) 1866. [11] Beg. v. Northowram L. J., Q. B., 90 : L. 11., 1 Q. B., 110 : 7 B. & S., 110.) 12 PUBLIC HEALTH. 28 [PAST I. 1861. [12] Todinorden, In re. "Local Government Act, 1858," 16 [Repealed] Certiorari to quash Secretary of State's Order as to boundaries refused as applied for too late Per Cock- burn, C. J. : It is " very doubtful " whether it is competent for a Secretary of State to enlarge the boundaries suggested in a peti- tion. (30 L. J., Q. B., 305 : 4 L. T., 509 : [Smith, Ex parte] 1 B. & S., 412.) 3. ADULTERATION OF FOOD. 1878. [13] Barnes v. Chipp. " Sale of Food Act, 1875," 14 and 20 It is a condition precedent to a summary conviction that the purchaser should notify to the vendor his intention to have the article analysed by the public analyst. (47 L. J., M. C., 85 : L. R., 3 Ex. D., 176 : 38 L. T., 570.) 1888. [14] Belts v. Armstead. Pruof that vendor had no knowledge that he was selling on adulter- ated article is no defence to a prosecution under the " Sale of Food Act, 1875." (L. B., 20 Q. B. D., 771 : 58 L. T., 811 : 52 J. P., 471.) 1892. [15] Broicn v. Foot. '-Sale of Food Act, 1875,'' 6, 25 Milk confessedly adulterated by vendor's servant Held that vendor was liable to the penalty although he had taken bpecial precautions to divest himself of all responsibility for improper conduct on the part of his servants. (61 L. J., M. C., 110 : 66 L. T., 649 : 56 J. P., 85.) 1883. [16] Chuppell v. Emson. Milk stated to be purchased for analysis No offer to divide it into 3 parts under 14 of the " Sale of Food Act, 1875" Held nevertheless that Justices were entitled to hear the case, and conviction up- held. (47 J. P., 804.) 1890. [17] Crane v. Lawrence. " Margarine Act, 1887,'' 6 Margarine not duly labelled kept in a shop behind a screen, Held not " exposed for sale"; and therefore the want of the proper label was not under the circumstances an offence. (59 L. J., M. C., 110 : L. R., 25 Q. B. D., 152 : 63 L. T., 197.) 1890. [18] Dixon v. Wells. " Sale of Food Acts, 1875 and 1879 " Informality in issue of summons as to milk Computation of time Conviction quashed. (59 L. J., M. C., 116: L. R., *5 Q. B. D., 249 : 54 J. P., 725.) 1891. [19] Dylie v. Gower. . " Sale of Food Act, 1875," 9 It suffices to prove that food lias been altered by abstracting some part of it, and is so sold without notice of the alteration It is not necessary to prove that it was so altered by the vendor with intent to sell it without notice. (61 L. J., M. C., 70 : L. R., [1892] 1 Q. B., 220 : 65 L. T., 760 : 56 J. P., 163 ) 1890. [20] Farmers & Cleveland Dairy Co. v. Stevenson. " Sale of Food Act, 1875," 25 Defendant in a prosecution held exempt from penalty on proving that he bought milk of a Farm Company by whom its quality was guaran- teed by means of a special label attached to their cans, the words used amounting to a warranty. (60 L. J., M. C., 70: 63 L. T., 776 : 55 J. P., 407.) 1891. [21] Fecitt v. Walsh. Sale of milk in pursuance of a contract Several Informations in respect of one delivery Held that though there was but one sale each day as between Appellant and his customer, yet each sale of a sample to a Police officer was a separate sale in respect of each of which a separate Information might be laid Conviction affirmed. (60 L. J., M. C., 143 : L. R., 2 Q. B., 304 : 65 L. T., 82 : 55 J. P., 726.) 1892. [22] Filshie v. Ecington. " Sale of Food Amendment Act, 1879," 3 Town in which consignee's railway station was situate, held to be the "place of delivery," and a conviction by Justices there held good. (L. R., 2 Q. B., 200 : 66 L. T., 199 : 56 J. P., 312.) 1873. [23] FitzpatricJc v. Kelly. " Aelulteration of Fooel Act, 1872," 2-3 Sale of adulterated butter Guilty knowledge need not be proved. (4:1 L. J., M. C., 132: L. R., 8 Q. B., b37 : 28 L. T., 558 : 8 J. P., 55.) [See No. 44.] 1883. [24] Gage v. Elsey. "Sale of Food Act, 1875" Vendor of gin adulterated with 40 per cent, of water, held not punishable under the Act, ample notice having been given that quality was not guaranteed. (52 L. J., M. C., 44 : L. R., 10 Q. B. D., 518 : 48 L. T., 226 : 47 J. P., 391.) 1892. [25] Garforth v. Esam. " Sale of Food Act, 1875 " Gin with water added bought by servant of Inspector for his master Held that the master who followed within one minute was the purchaser, and that Justices ought to have convicted the vendor. (50 J. P., 521.) 1891. [26] Hale v. Cole. " Sale of Food Act, 1875," 13 Where constable prosecutes it is not necessary to prove as a condition precedent that he was directed by the Local Authority to do so. (55 J. P., 376.) 188:-5. [27] Harris v. May. Milk Written general Warranty by farmer to dealer held not to protect the latter in a specified case of adulteration. (53 L. J., M. C., 39 : L. R., 12 Q. B. D., 97 : 48 J. P., 261.) 1889. [28] Harris v. Williams. " Sale of Food Acts, 1875 and 1879" Milk delivered wholesale to purchaser who took samples Held that 1! c former Act was inapplicable to wholesale SECT. 3.] 29 ADULTERATION OF FOOD. 43 deliveries, and that proceedings should have been taken under the latter Act, and by the public officer No public officer having acted, Held that the whole proceedings were void Conviction quashed. (Times, May 16, 1889.) 1881. [29] Harrison v. Richards. " Sale of Food Act, 1 875," G and 21 Certificate by Analyst that certain milk was adulterated with 20 per cent, of Water Nevertheless summons dis- missed by Magistrate, partly because the milk was shown to have been standing some hours ; can had been largely taken from at top : but sample analysed taken from near bottom, and therefore bottom portion might be expected to be thin without having been adulterated Magistrate's decision held bad ; he ought not to have ignored Analyst's Certificate. (45 J. P., 552.) 1892. [30] Heivson v. Gamble. Tin of coffee bought by In- spector, and then seized by vendor who re- fused to restore it Held that the Justices were wrong in convicting the vendor of larceny of the Inspector's coffee. (56 J. P., 534.) ISS.j. [31] Higgim v. Hall. '-Sale of Food Act, 1875," 6 Coffee mixed with chicory, so labelled, and sold as a mixture Conviction quashed. (51 J. P., 293.) 1880. [321 Border v. Madding*. " Sale of Food Act, 1875," 6 Coffee adulterated with 75 per cent, of chicory '' Coffee " asked for by purchaser After sale but before delivery vendor labelled it " a mixture," &c. On proof of which fact the Magistrate refused to convict Case remitted to Magistrate because he had not found whether the statement of the mixture was for the purpose of concealing " fraudu- lent" increase: in the "bulk "of the article Semble that it w;is Otherwise, vendor's defence good. (44 J. P., 234.) [See No. 40.] 1880. [33 J If order v. Scott. " Pale of Food Act, 1875," 6, 12, 13 Although an Inspector employs a deputy to purchase samples for him and docs not do it himself directly, yet the In- fcpector niiiy in his own name summon the vendor The purchaser need not himself deliver the sample to the Analyst. (49 L. J., Q. B., 78 : L. R., 5 Q. B. D., 552 : 42 L. T., G60 : 44 J. P., 520.) 1S!)1. [34] Hvifl/i/t v. Hind nut rah. " Sale of Food Act, 18/5 " Sale by foreman of milk company of adulte- rated milk though the milk was guaranteed genuine by original vendor Conviction held good because foreman had not taken steps under 25, or otherwise, to protect himself against default on the part of the 01 iginal vendor. ((JO L. J., M. C., 146 : L. R., 2 Q. !<., 181 : G5 L. T.. 119 : f.r. J. P., 775.) 1S71). [35] *H,jh v. J I ff.-l, , dismiss being an independent one, and not a rescinding motion Quo warrants by the old Clerk airainst the new one Such process not applicable to an office held during pleasure Rex v. Wrexham Roads Trustees not followed. (47 L. J., Q. B., 498 : L. R., 3 Q. B. D., 368 : 38 L. T., 684 : [Reg. \. Jones'] 42 J. P.. 614.) (5 80 PUBLIC HEALTH. 04 [PART I. 1856. [80] Smart v. West Ham Union. Poor Rate Collector Action for poundage Appointment not under seal Guardians held not liable Action should have been n gainst the parish in default. (25 L. J., Ex., 210 : 10 Ex., 867 : 11 Ex., 867 : 3 C. L. R., 696 : 26 L. T., (o. s.), 285.) 6. APPORTIONMENT. %* Sec also " Paving Expenses," ( 60, post). The "Private Street Works Act, 1892," (if adopted) alters usual principles of Apportion- ment. 1888. [81] Bettesworth v. Richer. Sale of leasehold house charged -with apportioned expenses under "Public Health Act, 1875," 150 Final demand served after purchase ought to have been completed Held that the expenses became a charge when the work was com- pleted, and as between vendor and purchaser were payable by vendor. (L. R., 37 Ch. D., 535 : 58 L. T., 796: 52 J. P., 740.) 1878. [82] Bradley v. Greenwich S. W. " Metropolis Man- agement Amendment Act, 1862," 52 Delay of eight years in apportioning the expenses of a sewer Held nevertheless that the appor- tionment was good, the Statute containing no express limitation of time. (47 L. J., M. C., Ill : L. R., 3 Q. B. D., 384 : 38 L. T., 849 : 42 J. P., 725.) 1888. [83] Egg v. ' Blayney. Paving expenses apportioned under the " Metropolis Manage ment Amend- ment Act, 18C2," 77, are not a charge on the property so that where a vendor sells, leaving the expenses unpaid purchaser can recover the amount under an implied cove- nant against incumbrances as in the " Con- veyancing Act, 1881," 7, (1 A.). (L. R., 21 Q. B. D., 107 : 59 L. T., 65 : 52 J. P., 517.) 1863. [84] Jacomb v. Dodgson. "Local Government Act, 1858," 62 and 63 [=" Public Health Act, 1875," 257] Sewering, &c., a street Ap- portionment Limitation The time for pro- ceeding summarily to recover apportioned expenses runs from the end of the three months within which the amount may be disputed. (32 L J., M. C., 113 : 3 B. & S , 461 : 7 L. T., 674 : 27 J. P., 548.) 1880. [85] Mair \. Greenwich B. W. " Metropolis Manage ment Act, 1855," 227 Summonses for ex- pens( s of sower Notice of apportionment m-rved in 1876 First demand lor payment in December 1878 Held that the six months' limitation ran from December 1878, and there- fore summons served in time. (44 J. P., 424.) 1870. [86] Sawyer v. Paddington Vestry. Sewers rate Definition of new street Apportionment Owner held liable. (Mctrop. ) (40 L. J., M. C., 8 : L. R., 6 Q. B., 164 : 23 L. T., 662 : 34 J. P., 75!.) 1880. [87] ShanMin L. B. \. Miller. "Public Health Act, 1875," 150 and 257 Expenses apportioned Alleged irregularities which might have avoided the apportionment Held that ap- portionment not having been appealed against was binding and that the defendant was too late in raising his objections, inasmuch as he did not appeal within the statutory three months. (49 L. J., C. P., 512: L. R., 5 C. P. D., 272 : 42 L. T., 738 : 44 J. P., 635.) 1876. [88] Sheffield v. Fulham B. W. New sewer Non- compliance with statute as to division of expenses between Board and owner, and no charge apportioned upon owners at the ends of certain streets Apportionment held bad. (L. R., 1 Ex. D., 395.) 1869. [89] St. Giles, Camberwell v. Wetter. Sewering a " new street " where sewer rates have already been levied. (20 L. T., 756: 17 W. R., 973.) [Dissented from in Sawyer v. Paddington.'] 1883. [90] Walce v. Sheffield, Mayor. " Public Health Act, 1875," 150, 268 Paving expenses appor- tioned Works executed partly in a public street and partly on private land Held, that the apportionment was in due form and Magistrate's decision regular, and that front- ager's only remedy was appeal to Local Government Board under 2G8. (L. 11., 12 Q. B. D., 142.) 7. ARBITRATION. V See the "Arbitration Act, 1889." 1868. [91] Burnett v. Great Eastern Eaihcay Co. " Lands Clauses Act, 1845," 76 Money payable under an Award Defendants dissatisfied with Title, therefore Mandamus for payment into the Bank, granted. (18 L. T., 408: 16 W. R., 793.) 1866. [92] Beckett v. Midland Railway Co. " Lands Clause's Act, 1845," 68 Damages awarded by Arbi- trator Action on the Award Plea, that Arbitrator had made a mistake and that no damage had been done Plea held good in spite of the Award. (35 L. J., C. P., 163: L. R., 1 C. P., 241 : 13 L. T., 672.) Again before the Court in 1868 It being shown by evidence that permanent injury had been caused to the freehold, damages held recover- able. (37 L. J., C. P., 11 : L. R., 3 C. P., 82 : 17 L. T., 499.) 1856. [93] Blayrave v. Bristol Waterworks Co. An arbil ra- tion clause in a Local Water Act held not to extend to a claim for compensation for damage caused by the interruption of a drain by the Company's works. (26 L. J., Ex., 57 : 1 H. & N., 369.) 1855. [94] Bradby v. Southampton L. B. H. " Public Health Act, 1848," 144 [ = " Public Health Act, 1875," 308] Construction of a Sewer- Where a Local Board deiiies simply that SECT. 7.] 95 AEBITEATION. 110 damage is done, this involves a dispute as to an amount and not as to liability, and there- fore is a matter for arbitration. (24 L. J., Q. B., 239 : 4 E. & B., 1014 : 19 J. P., 644.) 1884. [95] Brierley Hill L. B. v. PearsaH. "Public Health Act, 1875," 308 A person claiming com- pensation may insist on amount being decided by arbitration, even though a dispute exists as to the liability A valid decision as to liability is not a condition precedent to arbi- tration us to amount A Local Authority can raise the question of liability by defend- ing an Action on the award. (54 L. J., Q. B. D., 25: L. K., 9 App. Cas., 595: 51 L. T., 577 : 49 J. P., 84.) 1882. [96] Brighton Sewers Act, In re. Local Act Duty of County Court Judge to act as Arbitrator. (L. E., 9 Q. B. D., 728.) 1872. [97] Buccleuch (TJul:e of) v. Metropolitan B. W. " Lands Clauses Act, 1845," 63 Lands injuriously affected Arbitration Admissibility of the Umpire's Evidence as to what matters he had taken into consideration. (41 L. J., Ex., 137 : L. E., 5 H. L., 418 : 27 L. T., 1.) 1877. [98] Burgess v. Northwich L. B. (1). " Public Health Act, 1875," 179-80, 308 Injury to private property by works of street improvement Matter referred to arbitration Eefusal of the Board to take part therein Award given against the Board Motion to set aside the Award refused If a Board should be dis- satisfied with an Award on the ground of non-liability, they can raise that question when an Action on the Award is brought Arbitrator's jurisdiction is not ousted by tiie other party denying liability and refusing to app< ar. (37 L. T., 355.) 188G. [99] Clii'tferjield Corporation v. Brampton L. B. "Pub- lic Health Act, 1875," 179-80 Disputes as to Joint Sewerage Scheme referred to Arbitration As the submission to arbitration had been made a Eule of Court the Taxing Master was bound to tax the costs on appli- cation. (50 J. P., 824.) 1851. [100] ( W////.S v. South Staffordshire Railu-ay Co. " Lands Clauses Act, 1845" Arbitration Award thereunder Strict compliance with all the preliminary forms is not indispensable where the arbitration is by agreement and is not compulsory. (21 L. J., Ex., 247 : 7 Ex., 5.) 18G9. [101] East London Union \. Metropolitan Railway Co. "Lands Clauses Act, 1845,'' 76-7 When the price of land taken, compulsorily has been settled by Arbitration, the execution of the conveyance is a condition precedent to the right of Action for the purchase money. (38 L. J., Ex., 225 : L. E., 4 Ex., 309.) 1888. [102] Cifford and Bury Town Council, In re. "Public Health Act, 1875," 180 Arbitrators ap- pointed one in due form, one not in due form not being in writing Umpire appointed by them Held that one of the original appoint- ments being irregular the Umpire's appoint- ment was therefore irregular and that his award could not be enforced, (57 L. J., Q. B., 181 : L. E., 20 Q. B. D., 368 : 52 J. P., 119.) 18G3. [10.,] Ilolthicorth v. Wilson. " Public Health Act, 1848," 125 and 127 [ = "Public Health Act. 1875," 1-0] Appointment of Umpire not prompt Per Erie, C. J. : "We follow the rule . . . that Arbitrators ' may appoint an Umpire at any time, before the time for making the umpirage has expired ' " C^sts awarded held recoverable notwithstanding the Non-Taxation thereof, no attempt having bei-n made to dispute them. (32 L. J., Q. B., 289 : 4 B. & S., 1 : 8 L. T., 434.) 1867. [104] Hopper, In re. Though both Arbitrators must sign the appointment of an Umpire they need not sign at the tame time Circum- stances which will avoid an Award on the ground of corruption. (36 L. J., Q. B., 97 : L. E., 2 Q. B., 367.) 1874. [105] Jacomb v. Hnddersfield Corporation. Local Act The Act gave power to Corporation to take more land than was described in the Parliamentary Notice Held that the Act was not controlled by the Notice Compul- sory purchase of laud Arbitration Form of Notice to treat. (43 L. J., Ch., 748 : 44 L. J., Ch., 96 : L. E., 10 Ch. App., 92 : 31 L. T., 466.) 1864. [106] Kellet v. Tranmere L. B. H. Arbitration under the "Public Health Act, 1848 "A Court cannot enlarge the time for making an award. (34 L. J., Q. B., 37: 11 L. T., 457.) [Dis- sented from in Warburton v. Haslingden.~] 1892. [107] KirlJeatham L. B. In re, and Stocldon Water Co. Purchase of Waterworks Erroneous prin- ciple of valuation Arbitrator ordered to state a case. (Times, Feb. 21, 1892.) 1875. [108] Leicester Watencorks Co. v. Cropstone Overseers. Disputed Assessment Eeference to Arbi- tration If parties agree to abide by an Award but when they find it is against them refuse to be bound the Court will interfere to make them. (44 L. J., M. C., 92 : 32 L. T., 567 and 752 : 40 J. P., 165.) 1886. [109] Mackenzie and Ascot Gas Co. Arbitration, In re. In arbitrations under the " Public Health Act, 1875," time cannot be extended under the "Common Law Procedure Act, 1854," 15. (55 L. J., Q. B., 309 : L E., 17 Q. B. D., 114.) 1876. [HO] McBryde, Ex parte : Metropolitan Building Act, In re. " Metropolitan Building Act, 1855," 85 The Court [and presumably the Local Government Board, under the " Public Health Act, 1875," 180 (7)] lias power to s 111 PUBLIC HEALTH. 124 [PART I. appoint an umpire to act with surveyors appointed by " the building owner " and " the adjoining owner," on their refusal to nomi- nate an umpire, notwithstanding that an Action is pending between the parties as to an ancient light in the party wall. (46 L. J., Ch., 153 : L. B., 4 Ch. D., 200 : 35 L. T., 543.) 1887. [Ill] Peal-e v. Fincltley L. B. " Public Health Act, 1875," 180 (13) An arbitrator must deal with the costs of a reference, and if he does not do so the Court will require him to do so. (W. N., 1887, p. 203 : 57 L. T., 882.) 1878. [112] Itayner, Ex parte. Compulsory purchase of Land under the " Lands Clauses Act, 1845 " Arbitration under the " Public Health Act, 1875," 176 Award silent as to Costs Landowner held entitled to his Costs under the former Act notwithstanding the " Public Health Act, 1875," 180 The procedure in such cases is wholly governed by the first-named Act. (47 L. J.. Q. B., 660: L. B., 3 Q. B. D., 446 : 42 J. P., 807.) 1860. [113] Reg. v. Burslem L. B. "Public Health Act, 1848," 144 Compensation Denial of Liability Mandamus Arbitrator or Jus- tices only to deal with disputes as to amount and not as to liability. (29 L. J., Q. B., 242 : 1 E. & E., 1077 : 2 L. T., 667.) 1878. [114] Reg. v. Darlington Corporation. Proposed pur- chase of Land for Sewer Notice to take c.nnpulsorily Arbitration Award Man- damus to Corporation to take up Award Beturn, that the notice to treat had been revoked, and that all subsequent proceedings had been under protest Application for a Bule to take this return off the file as untrue and no answer, discharged with Co.sts. (Times, May 17 and June 8, 1878.) 1853. [115] Reg. v. Metropolitan Commissioners of Sewers. Compensation for Damage Arbitration Ex parte Arbitration only applicable where amount is in dispute; not where liability is denied. (Metropolis.) (22 L. J., Q. B., 234 : 1 E. & B., 694 : 21 L. T., (o. s.), 58.) 1863. [116] Reg. v. West Midland Railieay Co. " Lands Clauses Act, 1845," 25 Where a landowner has agreed to accept a definite sum as com- pensation in lull for injury done to him, and has been paid the amount, he cannot after- wards have recourse to arbitration in respect of the same property And if he only ap- points an Arbitrator (the other party refusing to do so) nnd that Arbitrator proceeds ex parte, the other party cannot be compelled to take up the Award, which is void. (11 W. B., 857.) 1863. [117] Ringland v. Lowndes. " Public Health Act, 1848," 124-5 [=" Public Health Act, 1875," 180] Construction of Sewer Damage Arbitration Attendance under protest Held that an Award in such caso cannot be enforced. (33 L. J., C. P., 25 and 337: 17C. B., (N. s.), 514.) 1874. [118] Uttley v. Todmorden L. B. " Public Health Act, 1848," 144 Land taken for Sewer- Powers of Arbitrator in assessing compensa- tion He is not only entitled but, per Lush, J., " bound " to take into consideration prospec- tive as well as present damages. (44 L. J., C. P., 19 : 31 L. T., 445 : 39 J. P., 56.) 1888. [119] Waltefield Corporation v. Wal;efield Union. Local Act Proposed sale of Water pipes and fittings Arbitrator appointed by the Local Government Board at the instance of the Guardians of the Union, the proposed pur- chasers Application by the Guardians for authority to revoke their submission Appli- cation refused, on the ground that the Arbi- trator had been appointed under the Powers of the Local Act, the terms of which were imperative. (Times, May 18, 1888.) 1884. [120] Walker and Beckenham L. B. Arbitration. An Award in an Arbitration under 308 of the "Public Health Act, 1875," for damages for carrying a sewer through lands is not enforce- able by Motion Claimant must bring an Action and prove his title to the lands in- juriously affected. (48 J. P., 264.) 1879. [121] Warburton v. Hasliwjden L. B. " Public Health Act, 1875," 180 The reference to arbitra- tion of a dispute as to compensation is a submission to arbitration by consent within the "Common Law Procedure Act, 1854," and the Court may (under 8) remit the Award back to Arbitrator for consideration But proposed remittance refused under the circumstances Kellett v. Tranmere dissented from. (48 L. J., C. P., 451.) 8. ARTIZANS' DWELLINGS. %* See the " Housing of the Working Classes Act, 1890." 1881. [122] Badham v. Marriit. "Artizans 1 Dwellings Act, 1875," 20 If any interference with ancient lights occurs in consequence of proceedings under this Act, compensation may be re- covered from the Local Authority. (52 L. J., Ch., 237 : 45 L. T., 579.) 1890. [123] Barlow v. Ross. "Artizans' Dwellings Act, 1875," 20 This section must be taken to include nascent growing or inchoate rights which are capable of being measured by a money compensation. (59 L. J., Q. B., 183 : L. B., 24 Q. B. D., 381 : 54 J. P., 660.) 1882. [124] Burnett v. Metropolitan B. W. " Metropolitan Building Act, 1855," 80 : " Artizans' Dwell- ings Act, 1875," Notice to take certain dila- pidated premises had beep served on owner ; SECT. 9.] 125 BANKRUPTCY. 140 yet owner held liable for emergency repairs notwithstanding that proceedings for com- pulsory sale were pending, and were brought to a close only 3 days after the expenses were incurred. (46 L. T., 384: 46 J. P., 469.) 1877. [125] Bouffler v. St. Mary, Islington, Vestry. Appeal against an Order of Vestry to demolish houses Luilt on the site of a Burial Ground Ground effectively concreted so as to be impervious to noxious gases Probability that a settle- ment of the soil might hereafter impair the rrotection afforded by the concrete Held that as it was not shown that there was any present injury to health to be feared the Order was bad. (Times, August 1, 1877.) Some comments on this case gave rise to an Action for Libel against the Daily Telegraph, but a verdict for the plaintiff Bouffler was set aside in the Q. B. D. on the ground of privilege. (Times, May 6, 1881.) 1880. [126] Carr v. Metropolitan B. W. "Artizans' Dwell- ings Act, 1875," Sched. sub-s. 8, 11, 12 Compensation to owner Omission of owner's interest from provisional award Powers of Arbitrator to award compensation. (49 L. J., Ch., 272 : L. R., 14 Ch. D., 807 : 42 L. T., 354.) 1871. [127] Flight v. St. George'*, Southicarh, Vestry. " Arti- zans' and Labourers' Dwellings Act, 1868,'' 5-6 Held that under the particular cir- cumstances, reports by Medical Officer and Surveyor might include a row of houses in one statement, all t: e houses being defective. (25 L. T., 24.) 1891. [128] Gomjh v. Liverpool, Mayor. Local Act Insani- tary houses condemned Compensation awarded on basis of value of site and mate- rials Held that the houses should have been valued according to their condition and state of repair as they stood before demolition, but ignoring the stigma that they had been " pre- tented" by a Grand Jury. (65 L. T., 512: 56 J. P., 357.) 1889. [129] Hyde v. Berners. "Artizans' and Labourers' Dwellings Act, 1868," 27 The expenses of repairs executed by a Local Authority held payable bv a tenant in possession under a long lease.' (53 J. P., 453.) 1880. [130] Jone*, Ex parte. " Artizans' Dwellings Act, 1875," Purchase of Lands -Limitation of Costs payable by Local Authority in respect of moneys paid into Court. (L. R., 14 Ch. D., 624 : 43 L. T., 84 : W. N., 1880, p. 134.) 1892. [131] I'iliji-nrc, Ex parte. "Housing of the Working Classes Act, 1890 " Conviction in respect of dangerous houses held good, though the no- tice was served only on the owner's agent notwithstanding tliat the owner's address was known. (Times, May 27, 1892.) 1887. [132] Hey. v. St. Marijlelx>ne Vestry. " Artizans' Dwell- ings Act, 1868," 3 Definition of " owner" Test of ownership is by ascertaining who was owner when preliminary notice was served on tenant, not who was when Order to demolish was served. (L. R., 20 Q. B. D., 415 : 58 L. T., 180 : 52 J. P., 534.) 1884. [133] Shaw and Birmingham Corporation, In re. " Ar- tizaus' Dwellings Act, 1875 " Arbitration Payment into Court of sum awarded Appeal Verdict of Jury for larger sum Interest on difference. (L. R., 27 Ch. D., 614 : 51 L. T., 684.) 1892. [134] Stevenson, Ex parte. " Housing of the Working Classes Act, 1890," Sched. II., s. 26 (a) Party dissatisfied with Award of Arbitrator There is no appeal from refusal of Judge at Chambers for leave to submit question to Jury. (L. R,, 1 Q. B., 609 : 61 L. J., Q. B., 492 : 66 L. T., 544 : 56 J. P., 501.) 1883. [135] S'ica-inston v. Finn & Metropolitan B. W. " Arti- zans' Dwellings Act, 1875," 20 Easement affecting Land purchased by Local Autho- rity No right of Action to restrain inter- ference with easement, but compensation payable in respect thereof. (52 L. J., Ch., 235 : 48 L. T., 634 : W. N., 1883, p. 19.) 1889. [136] Walker v. Hobbs. " Housing of Working Classes Act, 1885," 12 Action for damages caused by ceiling falling held sustainable, the statu- tory condition that the house was reasonably fit for habitation not having been complied with. (54 J. P., 199.) 1887. [137] Wigramv. Fryer. Lo al Acts Artizans' Dwell- ings Ancient Lights Easement Remedy, Claim for Compensation not Injunction. (Metrop.) (56 L. J., Ch., 1098: L. R., 36 Ch. D., 87 : 57 L. T., 255.) 1883. [138] Wilkins v. Birmingham Corporation. " Artizans' Dwellings Act, 1875" Publication under this Act of a Notice of intention to take pro- perty is analogous to a Notice under the " Lands Clauses Act," and after it is giv n the property cannot be dealt with by way of granting a new lease. (53 L. J., Ch., 93 : L. R., 25 Ch. D., 78; 49 L. T., 468; 48 J. P., 231.) 9. BANKRUPTCY. 1873. [139] Hardtcicke v. Brown. " Municipal Corporal ions Act, 1835," 52 Town Councillor Dis- qualification ipso facto by bankruptcy Not purged Election void. (L. R., 8 C. P., 406 : 28 L. T., 502 : 37 J. P., 407.) 1879. [HO] Leftley v. Monnington. li Metropolis Manage- ment Act, 1855," 54 Member of Vestry ex officio as Churchwarden Disqualification by Bankruptcy Defendant held liable to 10 141 PUBLIC HEALTH. 154 [PAUT I. penalty for acting as member of Vestry. (48 L. J., Ex., 543 : L. R., 4 Ex. D., 307 : 40 L. T., 850.) 18G3. [141] Salerton, In re. " Bankruptcy Act, 1861, ' 156 [Repealed] Local Rates due from a bank- rupt Older made for the payment in full of one year's Rates. (9 L. T., *267.) [Sec the "Bankruptcy Act, 1883," 40.] 10. BATHING. 1821. [142] Dlundell v. Catterall. The King's subjects have no Common Law right to bathe on the Sea- shore and to pass over it for that purpose on foot or in vehicles. (5 B. & Aid., 268 : Hall, On Seashores, 2nd ed., p. 156.) 1864. [143] Mace v. Philcox. " Public Health Act, 1848 : " Local Acts A License for Bathing Machines granted by a Board docs not confer a right to use a foreshore without the consent of the owner of the soil. (33 L. J., C. P., 124: 15 C. B., (N. s.), 600 : 9 L. T., 766.) 1871. [144] Reg. v. Read. To bathe so near a public foot- path that exposure to passers-by is unavoid- able renders a bather indictable for indecency. (12 Cox, C. C., 1.) 1809. [145] Rex v. Crunden. It is an indictable offence to bathe on the Seashore within distinct view of inhabited houses. (2 Camp., 89.) 11. BATHS AND WASH-HOUSES ACTS. 1861. [146] Coiclf-y v. Sunderland, Mayor. " Baths and Wash- houses Acts " Steam Wringing Machine unfenced Action for compensation main- tainable. (30 L. J., Ex., 127; 6 H. & N., 565; 4L. T., 120.) 1859. [H7] Mulholland v. Belfast Corporation. Baths and Wash-houses Site Sub-lease Proposed purchase of site held a breach of Trust. (9 Irish Chan. R., 204 and 292.) [This is an Irish case, but cited because decided upon a Section similar to 9 & 10 Viet., c. 74, 27.] 12. BOROUGH FUND. 1887. [H 7a] A.-G. v. Blackburn Corporation. " Municipal Corporations Act, 1882," 15, 140-41, 143 Action by certain Ratepayers to restrain Corporal ion from applying nny part of Borough Fund towards Her Majesty's Ju- bilee Festivities Interlocutory Injunction refused, there being no evidence of a threat or intention on the part of the Corporation so to apply the Borough Fund Quiere, whether having regard to the unprecedented character of the Festivities in question such an expen- diture would not have been justifiable under 140-41. (57L.T,385.) 1878. [148] A.-G. v. Brecon, Mayor. " Municipal Corpora- tions Act, 1835," 92 Bill promoted by a Market Company which infringed on the Statutory privileges of the Corporation Held, that both under the Act of 1835 and under the general law authorising trustees to employ Trust funds in defence of their pro- perty, the Corporation were justified in the action they took to resist the passing of the Market Bill The '"Borough Funds Act, 1872," 4, does not take away previously existing powers. (48 L. J., Ch., 153 : L. R., 10 Ch. D., 204 : 40 L. T., 52 : 43 J. P., 366.) 1880. [148a] Reg. v. Exeter Corporation. Borougli Fund Costs of defending action Action brought against Chief Constable for a malicious prosecution and a verdict recovered against him in re- spect of an Information laid by direction of Borough Justices Held that as Justices had no jurisdiction to order prosecution Town Council had no power to order payment of Chief Constable's Costs out of Borough Fund. (L. R., 6 Q. B. D., 135 : 44 L. T., 101.) 1879. [149] Reg. v. Leamington Corporation. Held that the proceeds of the sale of sewage ought to be carried to the General District Rate, to re- lieve the Rate, and not to the Borough Fund. (Times, Dec. 16, 1879.) 1872. [150] Reg. v. Liverpool, Mayor. "Municipal Corpora- tions Act, 1835," 82 Action by a Board's officer for libel on him Expenses paid out of Borough Fund disallowed. (41 L. J., Q. B., 175 : [Wilmer v. Liverpool,! 26 L. T., 101.) 1850. [151] Reg. v. Prest. Municipal Corporation Salaried Clerk also an Attorney Irregular retainer for extra services Fees for obtaining Coun- sel's opinion Borough Fund held charge- able. (20 L. J., Q. B., 17 : 16 Q. B., 32 : 16 L. T., (o. s.), 210.) 1868. [152] Reg. v. Tamwortlt,, Mayor. " Municipal Corpora- tions Act, 1835," 92 Held, that the Costs of litigation for the defence of corporate rights incurred on reasonable grounds, might be chiirged to the Borough Fund. (19 L. T., 433: 17 W. R., 231.) 1878. [153] Sunderland Corporation, In re. " Municipal Cor- porations Act, 1835 " Borough Fund and Borough Rate charged with expenses for fire- works, bell-ringing, &c., in connection with the visit of a distinguished foreigner The resolution of the Town Council authorising the charge quashed on Certiorari as ultra vires, the Borough Rate having been drawn upon in the absence of a surplus from the Borough Fund ; but Costs refused. (Times, June 24 and July 2, 1878.) 1890. [154] Thompson, In re. Mortgages secured on a Borough Fund and on a District Fund respectively, SECT. 15.] 155 BUILDING LINE. 169 11 held not charges on an interest in land am therefore that they might be given to charity (59 L. J., Ch., 689 : L. R-, 45 Ch. D., 161 63 L. T., 471.) 1887. [155] Wy affidavit muy incriminate him. (W. N., 1887, p. 212.) 1856. [426] Woollcy v. Kay. Local Act Disqualification by reason of interest in a Contract Defendant contracted to sell Land to a Board of which he afterwards became a member, before the completion of the purchase Held that he was not disqualified, for the Contract was not of a continuing character. (25 L. J., Ex., 351 : 1 H. & N., 307 : 27 L. T., (o. s.), 205.) 24. DANGEROUS STRUCTURES. 1875. [427] Cheetham v. Manchester, Mayor. Local Acts Dangerous structures Value of repairs ex- ecuted at the instance of the Town Clerk recovered from the plaintiff Action by plaintiff to recover back the amount, the building falling down in spite of the repairs Judgment for the defendants, it being held tl:at the Surveyor's certificate was conclusive Notice as to a building held to be good for adjoining premises with which there was internal communication. (44 L. J., C P., 249 : L. R., 10 C. P., 249 : 32 L. T., 28 : 39 J. P., 343.) 1858. [428] Labalmondiere v. Addison. " Metropolitan Build- ing Act, 1855," 18 & 19 Viet. c. 122, 73, 97 Dangerous structure Expenses charge- able on Owner Time runs from the demand of re-payment and not from the completion of the works. (Metropolis.) (28 L. J., M. C., 25 : IE. & E., 41 : 23 J. P., 26.) 1859. [429] Labalmondiere v. Frost. "Metropolitan Building Act, 1855," 18 & 19 Viet. c. 122, 73- Dangerous structure What nn Order for Removal ought to show on its face When proceedings are taken to recover expenses due under an Order, the Justices to whom the application is made may consider whether the Order is valid. (Metropolis.) (28 L. J., M. C., 155 : 1 E. & E., 527.) 1861. [430] Mourilyan v. Labalmondierfi. " Owner " " Lessee " Expenses relating to a " danger- ous structure " held to be recoverable from a lessee for 21 years. (Metropolis.) (30 L. J., M. C., 95 : 1 E. & E., 533 : [Reg. v. Mouril- yan'] 3 L. T., 668.) 25. DISQUALIFICATION. *** See also " Contract, Disqualification from," ( 23, ante.) 1834. [431] Charlesworth v. Rudgard. Local Act Action for a penalty against a Commissioner alleged to be interested Held that proof of the defen- dant speaking in favour of a footpath opposite his own house was evidence for a jury of acting as a Commissioner, although interested, and disqualified accordingly. (4 L. J., Ex., 89 : 1C. M. & R., 498 : 4 Tyr., 824.) 1814. [432] Dumelow v. Lees. Local Act Pecuniary quali- fication of a Commissioner The words "above all charges and incumbrances " do not rat an beyond payment of debts, but only apply to specific charges on the property in respect of which he claims his qualification As regards the latter, the onus probandi lies upon the person impugning the candi- date's qualification. (1 C. & K., 408.) 1877. [433] Goodhew v. Williams. Election of Vestryman Qualification by rating Candidate not rated, elected and acting (Subsequent offer to be rated and to pay Rates accepted by the Rate Collector Held, that the candidate had been duly convicted of acting without a qualifica- tion The decision of the Returning Officer held not to be conclusive. (Metrop.) (47 L. J., Q. B., 313 : L. R., 3 C. P. D., 382 : 37 L. T., 454 : 42 J. P., 199.) 1878. [434] Reg. v. Turmine. " Education Act, 1870," 12 Member becoming disqualified from neglect- ing to attend for 6 months Resulting vacancy filled up Same person elected again on another vacancy Quo Warranto to ques- tion the validity of his re-election refused, it being clear that no perpetual disqualification 435 DRAINS. 451 29 attached to a man disqualified once merely by efflux of time, but re-elected. (48 L. J., Q. B., 5: L. R., 4 Q. B., 79: 43 J. P., 6: \_Re Turmine] 39 L. T., 255.) 1853. [435] Tupper v. Newton. Alleged disqualification of a member of a Board Held that the defendant was not bound to prove that he had taken the oatli, the oath not being part of the qualification. (14 C. B., 114: 22 L. T., (0. s.), 103.) 26. DISTANCES, MEASURE- MENT OP. 1856. [436] Jetcel v. Stead. A distance of " three miles " named in a Turnpike Act, means three miles in a straight line. (25 L. J., Q. B., 294 : 6 E. & B., 350 : 27 L. T., (o. s.), 101.) 1855. [437] Lake v. Butler. A distance of " 20 miles," named in an Act of Parliament means 20 miles measured in a straight line. (24 L. J.. Q. B., 273: 5 E. & B., 92: 30. L. R., 1124: 25 L. T., (o. s.), 128.) 1872. [438] Mouflet v. Cole. Ti ade covenant " Half-a-mile " means half -a- mile in a straight line, measured from the point of nearest approach, in a straight line as on a map. (42 L. J., Ex., 8 : L. R., 8 Ex., 32: 27 L. T., 678.) 1846. [439] Reg. v. Saffron Walden Inhabitants. " Ten miles" in a Statute means ten miles measured in a straight line. (15 L. J., M. C., 115 : 9 Q. B., 76 : 2 New Sess. Cas., 360.) 1854. [440] Stokes v. Grissell. A distance of "20 miles" named in an Act of Parliament, means 20 milts measured in a straight line. (23 L. J., (J. P., 141 : 14 C. B., 678: 2 C. L. R., 729: 23 L. T., (o. s.), 114.) 27. DITCH. 1864. [441] Felhin v. Herbert (Lord}. Suit by a Local Buard for filling up a ditcli and obstructing an ancient easement Bill dismissed, the proper remedy being under the " Public Health Act, 1848," 63. [Since repealed.] (11 L. T., 173.) [A contempt by a newspaper arising out of this matter is reported 33 L. J., Ch., 294 : 12 W. R., 241 and 332 : 10 Jur., (N. s.), 62.] 1873. [442] Tut-ill v. West Ham L. S. Ditch adjoining a highway Dispute as to Board's right to fill up the same Judgment for the plaintiff, presumption being that the ditch was his. (L. R., 8 C. P., 447 : 28 L. T., 597 : 37 J. P., 455.) 28. DIVISION OF DISTRICTS. 18. [443] Farr v. Boston. " Public Health Act, 1848," 89 [=" Public Health Act, 1875," 210-11] Division of a District and Assessment on part thereof. (Glen, 205, 8th Ed.) 29. DRAINS. 1858. [444] Austin v. St. Mary's, Lambeth, Vestry. "Metro- polis Management Act, 1855," 18 & 19 Viet., c. 120, 76 Drain pipes Vestry entitled to prescribe pattern Injunction to restrain removal by Vestry of pipes not according to pattern, refused. (Metropolis.) (27 L. J., Ch., 388 and 677 : 4 Jur., (N. s.), 274 and 1032 : 30 L. T., (o. s.), 300.) 1875-7. [445] Baker v. Wisbeach, Mayor. Drain pipes laid through private land maliciously broken by the land-owner Conviction for malicious injury affirmed Such a mode of questioning the acts of a public Board held highly im- proper. (Times, Nov. 18, 1875.) Again before the High Court (Ch. Div.) on a motion for Injunction to restrain flow of sewage so as to bo nuisance to a water-course Injunc- tion granted No Notice of Action required. (W. N., 1877, p. 56.) 1874. [446] Bolingbroke (Lord) v. Swindon L. B. Sewage Farm Trespass by Manager on plaintiffs land to pare away ed^es of a ditch between the two properties Master and Servant Verdict for the defendants held good, it not being within the scope of the manager's em- ployment, and therefore there being no implied authority to him to commit a tres- pass. (43 L. J., C. P., 287 : 30 L. T., 723.) 1879. [4471 Bowes v. Watson. " Land Drainage Act, 1847," 10 & 11 Viet. c. 38, 14-5 The words " drain, stream, or water-course," include an underground drain, and are not necessarily limited to an open drain. (42 L. T., 27 : 44 J. P., 364.) 1856. [448] Cawkwell v. Russell. Obstruction of a Drain Plea, limited right of use only, whereas the plaintiff had sought to assert an absolute right. (26 L. J., Ex., 34.) 1844. [449] Coulton v. Ambler. " Public or Parish Drain " Navigable river or cut held not to be a "drain." (14 L. J., Ex., 10: 13 M. & W., 403 : 3 Rail. Cas., 724, n.) 1861. [450] Ewart v. Cochrane. Adjacent properties held by one owner drained by one drain On sever- ance a grant of an easement as to the drain held to go with the Conveyance of the pro- perty though not actually named. -(4 Macq., H. L. Cas., 117 : 5 L. T., 1 : 10 W. R., 3.) 1875. [451] Finlinson v. Porter. " Public Health Act, 1818," 49: [ = " Public Health Act, 1875," 23, 25] : " Local Government Act, 1858," 34, [ = Ibid. 157, 159] Conveyance of rights as to a drain Drain altered by defendants on the demand of the Local Board Action of Trespass Judgment for the defendants, the conveyance operating to give them an interest in the drain which they had not 30 452 PUBLIC HEALTH. 469 [PAET I. altered in any material manner. (44 L. J., Q. B., 56 : L. K., 10 Q. B., 188 : 32 L. T., 391 : 39 J. P., 661.) 1877. [452] Humphries v. Cousins. Easement Drain Injury to plaintiff's goods by overflow of sewage from defendant's premises Held that the plaintiff was entitled to recover, although the defendant was only tenant, and did not know that some part of the drain passed under the plaintiff's premises, and was out of re-pair. (46 L. J., C. P., 438: L. R., 2 C. P. D., 239 : 41 J. P., 280.) 1857. [453] Pyer v. Carter. Eights of the owners of 2 adjacent houues to a Drain common to each Ease- ment. (26 L. J., Ex., 258 : 1 H. & N. 916 : 28 L. T., (o. s.), 371.) [Not accepted as of authority by Westbury, C., in Suffield v. Brown, (33 L. J., Ch., 249.) But Lord Westbury's views dissented from by James and Hellish, L.JJ. in Watts v. Kelson, (40 L. J., Ch., 126.) " Pyer v. Carter is good sense and good law."] 1842. [454] Russell v. Shenton. Nuisance The cleansing and repair of drains is primd facie the duty of the occupier and does not devolve on the owner merely as such. (11 L. J., Q. B., 289 : 3 Q. B., 449 : 2 G. & D., 573.) 1882. [455] Stannard v. St. Giles, Camberwell, Vestry. Dis- pute as to drain interfered with by plaintiff Proceedings before Justices Injunction to restrain such proceedings refused, no inten- tion to commit a trespass being shown. (51 L. J., Ch., 629: L. K., 20 Ch. D., 190: 46 L. T., 243.) 30. ELECTION BUSINESS. 1875. [456] Aberdare L. 13. H. v. Hammelt. Filling up of a voting-paper by voter's wife with his autho- rity Held that this was not " fabricating " a voting-paper, and therefore that no offence had been committed. (44 L. J., M. C., 49 : L. R., 10 Q. B., 162 : 32 L. T., 20 : 39 J. P., 598.) 1789. [457] Anthony v. Seger. Parochial Election Show of hands Poll One candidate elected, after- wards declared disqualified Effect of this decision on the other candidates. (1 Hagg., C. C. C., 13.) 1879. [458] Bell v. Morson. Filling up voting-paper without Voter's authority Held that though there might have been evidence to convict of fabricating the voting-paper, the Appellant was wrongly convicted of assuming to act, as it was not proved that the voter did not afterwards agree to what had been done. (40 L. T., 128 : 43 J. P., 638.) 1867. [459] Bennett v. Brumfitt. The use by a person of a foe-simile stamp of his signature in place of affixing his signature with a pen held good. (37 L. J., C. P., 25 : L. R., 3 C. P., 28 : 17 L. T., 213.) 1888. [460] Bowden v. Besly. Municipal Election Nomina- tion paper A Burgess's ordinary signature suffices provided the initials signed tally with the initials of the Christian names printed in full on the Roll. (L. R., 21 Q. B. D., 309 : 59 L. T., 219.) 1862. [461] Buckmaster v. Reynolds. "Metropolis Manage- ment Act, 1855," 21 Riotous conduct in a room where a poll is being taken is within the words " by a contrivance attempting to obstruct." (13 C. B., (N. s.), 62.) 1836. [462] Campbell v. Maund. Parochial Election The Common Law right to demand a poll can only be abrogated by express Law or custom. (6 L. J., M. C., 145 ; 5 A. & E., 865 : 1 N. & P., 558 : 2 H. & W., 457.) 1872. [463] Davies v. Stone. Election of Guardians Filling up a marksman's paper otherwise than ac- cording to his wishes Conviction for "Fabri- cation" held good. (36 J. P., 390.) 1861. [464] Easton v. Alee. Loral Act Qualification depend- ing on being " rated by one or more Rate or Rates " to a specified minimum amount, held to refer to the annual rateable value, and not to the money payable annually. (31 L. J., Ex., 115 : 7 H. & N., 452 : 5 L. T., 323.) 1874. [465] Fox v. Dally. 30 & 31 Viet. c. 132, 3 A Militia Sergeant held to occupy not as " tenant " Vote disallowed. (44 L. J., C. P., 42 : L. R., 10 C. P., 285 : 31 L. T., 478.) 1889. [466] Gledhill v. Crowther. " Local Government Act, 1888 : " " Municipal Corporations Act, 1882," Sched. III., part ii. The signature " James Sykes, jun." held good although voter only registered as "Jnmes Sykes." (58 L. J., Q. B., 327 : L. R., 23 Q. B. D., 136 : 60 L. T., 866 : 53 J. P., 677.) 1892. [467] Gordon v. Williamson. " Metropolis Management Act, 1855," 6 : 19 & 20 Viet., c. 112, 8 Qualification of 40 Rating prescribed A person occupying property rated at 125 sub- let a portion, retaining a portion clearly worth more than 40, but no separate rating Held qualified. (L. R., 2 Q. B., 459 : 56 J. P., 456.) 1889. [468] Harding v. Cornwell. Municipal Election A nomination paper signed with the correct name of an assenting Burgess held good, though it did not tally with the name entered on the Burgess Roll, the latter having been erroneously printed. (60 L. T., 959.) 1883. [469] Henry v. Armitage. "Municipal Elections Act, 1875," 1, (2) Nomination paper_in which SECT. 30.] 470 ELECTION BUSINESS. 31 " William " was represented by " Wm." held good. (53 L. J., Q. B. D., Ill : L. R., 12 Q. B. D., 257 : 48 J. P., 424.) 1876. [470] Howes v. Turner. "Municipal Elections Act, 1875," 38 & 39 Viet., c. 40 A contraction in signing a nomination paper, thus " Fred k " for " Frederick " held not to invalidate the paper. (45 L. J., C. P., 550 : L. II., 1 C. P. D., 670 : 35 L. T., 58.) 1856. [471] Howitt v. Man/all. "Public Health Act, 1848 " Local Board Three members were dis- qualified by non-attendance, and the Board decMed that tliey should be tlie members to retire by rotation Held that a Rate subse- quently made by the Board re-constituted was good. (25 L. J., Q. B., 411 : 6 E. & B., 736 : 27 L. T., (o. s.), 183.) 1872. [472] Jones, In re. School Board Election The Re- turning Officer a Solicitor Bill of Costs, which included business connected with both Election and Meeting of the Board, sent in by him in the form of a Solicitor's Bill Held that as he had by the form of his ac- count treated himself as Solicitor of the Board the Bill was liable to taxation. (41 L. J., Ch., 367 : L. R., 13 Eq., 336 : 20 W. R., 395.) 1887. [473] Knigldon Election Petition: Gough v. Murdoch. '"Public Hialth Act, 1875," Sched. II. (1.), Rule 69 For a candidate to insert in the margin of a voting-paper a voter's initials on behalf of himself in the presence of the Voter is no offence. (57 L. T., 308 : 51 J. P., 471.) 1802. [474] Lambe v. Grieves. Vestry In calculating the votes to which a voter is entitled his assess- ments must be taken in the aggregate and not singly. (8 Jur., (N. s.), 288.) 1876. [475] Mather v. Brown. "Municipil Corporations Act 1835," 142 : " Municipal Elections Act 1875 " Held that in signing a name, where a Christian name is required to he mentioned the initial thereof is not sufficient. (45 L. J. C. P., 547 : L. R., 1 C. P. D., 596 : 34 L. T. 869 : 40 J. P., 616.) 1856. [476] Metcalfe, Ex parte. " Public Health Act, 1848,' 30 [=" Public Health Act, 1875," Sched II., (1), 67] A Local Board has an absoluti. discretion as to the remuneration to be pait to a Returning Officer. (6 E. & B., 287 : 2 L. T., (o. s.), 78.) 1885. [477] Mogy v. Clarke. " Poor Rate Assessment Act 1869," 3 Qualification by rating Action for penalties. (Metrop.) (55 L. J., Q. B. 69 : L. R., 16 Q. B. D., 79 : 53 L. T., 890 50 J. P., 342.) 1885. [478] Moorhouse v. Innney. " Municipal Corporation Act, 1882," 241 Nomination paper signe< by burgess with his correct Christian names, though one Christian name was omitted from Burgess Roll Paper held void for uncer- tainty. (L. R., 15 Q. B. D., 273 : 53 L. T., 343 : 49 J. P., 471.) 1885. [479] Newhaven L. S. v. Newhaven School Board. Lapse of Local Board Powers of minority of mem- bers to fill up vacancies General powers of Board so reconstituted. (L. R., 30 Ch. D., 350: 53 L. T., 571.) 1887. [480] J ritchard v. Bangor, Mayor. The Returning Officer at a Municipal Election has no power to decide whether a candidate is eligible His duty is to count, the votes and pronounce on their validity The eligibility of a candi- date must be questioned by Petition and in no other way. (57 L. J., Q. B., 313 : L. R., 13 App. Gas., 241 : 58 L. T., 502 : 52 J. P., 564.) 1852. [481] Reg. v. Avery. "Municipal Corporations Act, 1835," 32 A Voting-paper signed with the Voter's uual signature is good : e.g. In itials and Surname. (21 L. J., Q. B., 428 ; 18 Q. B., 576 : 19 L. T., (o. s.), 161.) 1866. [482] Beg. v. Backhouse. An Election of a Local Board conducted in the usu:d manner, save that the Chairman was absent and no deputy was appointed, is void, and his certificate of the result a nullity. (36 L. J., Q. B., 7 : L. R., 2 Q. B., 16: 7 B. & S., 911 : 15 L. T., 240.) 1858. [483] Beg. v. Bechmth. Election of Guardians For- gery of Voting-papers Practice at Trial as to reply by Counsel. (7 Cox, C. C., 505.) 1866. [484] Beg. v. Blanshard. "Public Health Act, 1848," 28 [ = " Public Health Act, 1875," Sched. II., (1), 68 ; 253-4 and 133] Local Board Election Prosecution of a Returning Officer by a member of a Board, but without the consent of the A.-G. or Local Board Held that the Justices had no jurisdiction to con- vict. (30 J. P., 280.) 1866. [485] Beg. v. Blizard. Municipal Corporation Quo Warranto Where a successful candidate is not qualified, he cannot by resigning his seat deprive of his rights an opponent who claims his seat. (36 L. J., Q. B., 18 : L. R.. 2 Q. B., 55 : 7 B. & ^., 922 : 15 L. T., 242.) [See Beg. v. Teiclcesbury, Mayor.] 1861. [486] Beg. v. Bradlty. "Municipal Corporations Act, 1835," 14 A contraction of a Christian name which is well known and in ordinary use may be employed in a Voting-paper. (30 L. J., Q. B., 180 : 3 E. & E., 634 : 3 L. T., 853.) 1864. [487] Beg. v. Briggs. Local Act Quo Warranto against a Commissioner Interest of Relator An owner of rateable property held qualified to be a Relator Promise by agent of candidate 32 488 PUBLIC HEALTH. 502 [PART I. to pay the Rates of ratepayers in arrear does not render their votes good if Act requires actual pre-payment. (11 L. T., 372 : 29 J. P., 423.) 1880. [488] Reg. v. Clerk of Bury Guardians. 7 & 8 Viet. c. 101, 15 A Clerk of Guardians sitting to revise a list of voters is not entitled to insist on a claimant appearing in person if he sends a suitable representative or agent. (44 J. P., 216.) 1876. [489] Reg. v. Collins. Local Board Election Error in costing up votes discovered some time after the declaration of the Poll Quo Warranto A Chairman's certilicate is not conclusive as to mere mechanical errors of casting up, but it is conclusive as regards the validity of votes Bad votes not rejected at the proper time cannot afterwards be questioned. (46 L. J., Q. B., 257 : L. R., 2 Q. B. D., 30 : 36 L. T., 192.) 1886. [490] Reg. v. Cooban. "Public Health Act, 1875," Sched. II. (L), Rules 5, 65 What constitutes a "composition" with creditors " Six weeks" is to be computed from the day wlien the retiring member goes out of office, and not from the day on which an election to fill his place is held. (56 L. J., M. C., 33 : L. R., 18 Q. B. D., 269 : 51 J. P., 500.) 1851. [491] Reg. v. Coward. " Municipal Corporations Act, 1835," 142 A Candidate long resident in one street and well known, moved to a new address a few days before an election Old address given in the Voting-papers Held a fatal variance and Candidate not duly elected Quo Warranto issued. (20 L. J., Q. B., 359 : 16 Q. B., 819 : 17 L. T., (o. s.), 71.) 1852. [492] Reg. v. Cross. "Public Health Act, 1848" A Returning Officer exercises judicial func- tions; his certificate is, therefore, conclusive and cannot be questioned under a Quo War- ranto The defendant may be a witness on his own behalf. (19 L. T., (o. 8.), 35: 16 J. P. 215.) [See Reg. v. Collins.'] 1844. [493] Reg. v. Deighton. Municipal Corporations Act, 1835" Quo Warranto Election of Alder- man To describe a Candidate as of a place where he daily transacts business, instead of giving his residence, is a misdescription suf- ficient to avoid his election. (13 L. J., Q. B., 241 : D. & M., 682 : 5 Q. B., 896.) 1858. [494] Reg. v. Eddows. Local Act Qualification by Rating Candidate rateable but not rated, held ineligible. (28 L. J., Q. B., 84 : 1 E. & E., 330.) 1880. [495] Reg. v. Ellis(\). Local Board Election Candidate elected who was not qualified because not rated passed over by Returning Officer who returned candidate who was in minority Rule for Quo Warranto against minority candidate discharged ; and Returning Officer exonerated. (44 J. P., 748.) 1872. [496] Reg. v. Franklin. A contractor held disqualified from being elected member of a Corporation, even though he had, before the election (but without the privity of the Corporation), pur- ported to assign his contract to a third person A vote given for a disqualified person is not a mere nullity unless the voter had notice of the disqualification ; and therefore if a disqualified candidate has a majority of votes a defeated candidate eannot,'/eluim the seat by means of a scrutiny. (6 L. R., Ir., 239.) 1864. [497] Reg. v. Hague. "Municipal Corporations Act, 1859," 9 The offence of personation is complete when a person not the voter hands in a nomination-paper to the officer The conviction need not show that the election was duly held. (33 L. J., M. C., 81 : 4 B. & S., 715 : 9 Cox, C. C., 412 : 9 L. T., 648.) 1852. [498] Reg. v. Hammond. " Municipal Corporations Act, 183.%" 32 Voting-papers A Candi- date's place of business, if he does not reside there, is not his " place of abode " Quo Warranto Election void. (21 L. J., Q. B., 153: 17 Q. B., 772 : 19 L. T., (o. s.), 21.) 1873. [499] Reg. v. Ilarrald. " Municipal Corporations Act, 1835," 44 Quo Warranto If a Voter votes in two wards, his first vote is to ttand and the second is a nullity. (42 L. J., Q. B., 211 : L. R., 8 Q. B., 418 : 28 L. T., 767 : 38 J. P., 40.) 1853. [500] Reg. v. HarMtorn. " Public Health Act, 1848," 25 [ = " Public Health Act, 1875," Sched. II., (1), 45] Held that to fill up Voting- papers on behalf of marksmen, with their consent, but without obtaining their marks and attesting the same, is not forgery at Common Law Qu&re, Is this an indictable misdemeanour ? (6 Cox, C. C., 395.) 1877. [501] Reg. v. Hazley. '' Commissioners Clauses Act, 1847," 19 Casual vacancy in a Board filled up by names being written on slips of paper thrown into a hat and then counted The papers destroyed, and no scrutiny pos- sible The Court intimated an opinion that such a mode of election was invalid, but no formal order made, the parties consenting lo anew election. (1 1 L. R., Ir., 360 : 26 W. R . Digest, 242.) 1838. [502] Reg. v. Hiornf. "Municipal Corporations Act, 1835 " Semble that where an unqualified person is a candidate, notice of disqualifica- tion must be given at the time of election, or votes recorded for such candidate cannot be deemed thrown away. (7 A. & E., 960 : 3 N. & P., 148.) SECT. 30.] 503 ELECTION BUSINESS. 518 33 1868. [503] Reg. v. Ireland. " Municipal Corporations Act, 1835," 9 (l)Quo Warranto Parochial relief to a father is not relief to a son, so as to disqualify the latter. (37 L. J., Q. B.,73 : L. K., 3 Q. B., 130 : 9 B. & S., 19 : 17 L. T., 4GG.) 18G1. [504] Keg. v. Kirby. " Vestries Act, 1818," 3 Eight to vote as Executor Claim held good Held also that it was immaterial that the claimant was not entered by name as an Executor ; and tliat the testator's property was available for adding to the executor's private property so as to confer additional votes. (31 L. J., Q. B., 3 : 1 B. & S., 017 : 5 L. T., 280.) 18GG. [505] R<-g. v. Lofthouse. "Public Health Act, 1848," 24 [ = " Public Health Act, 1875," Sched. II. (1), 43] A Voting-paper issued without the number of Votes allotted being stated thereupon is not on that account invalid A relator who has acquiesced in the mode of voting to which he afterwards objects is dis- qualified from applying for a Quo Warranto. (35 L. J., Q. B., 145 : L. E., 1 Q. B., 433 : 7 B. & S., 447 : [Reg. v. Loclchousel 14 L. T., 359.) 1871. [506] Herj. v. Morgan. " Public Health Act, 1848," 24 [=" Public Health Act, 1875," Sched. II. (1), 40] A Voting-paper need not state any qualification for the Nominator Quo War- ranto Eelator held not entitled to costs, the office of member of Local Board not being within 9 Anne, c. 20. (41 L. J., Q. B., 55 : L. E., 7 Q. B., 26 : 25 L. T., 930 : 37 J. P., 165 : [Question of Costs] 26 L. T., 790.) 1859. [507] Reg. v. Owens. " Municipal Corporations Act, 1835," 25, &c. A Mayor, if a Eeturning Officer, cannot be a Candidate. (28 L. J., Q. B., 31G : 2 E. & E., 86 : 33 L. T., (o. s.). 257.) 18G7. [508] Reg. v. Parkinson. Municipal Corporation Ward Election A Nominator must be enti- tled to vote in the Ward for which he no- minates, or a nomination by him will be in- valid. (37 L. J., Q. B., 52 : L. E., 3 Q. B., 11 : 8 B. & S., 76'J : 17 L. T., 1G9.) 1869. [509] Ri'tj. v. Plenty. " Municipal Corporations Act, 1835," 32 Quo Warranto A Voting-paper naming the Candidates only by their Initials and Surnames is good. (38 L.' J., Q. B., 205 : L. E., 4 Q. B., 34G : 9 B. & S , 386 : 20 L. T.. 521.) 1876. [510] *//';/. v. Jiippon. "Public Health Act, ]848," ' 23 [ = " Public Health Act, 1875," Sched. II., (1), 36, G6] Ordinary vacancies and a casual vacancy filled up at one election, no notice being given as to a distinction Elec- tion held to be void. (45 L. J., Q. B., 188 : L. E., 1 Q. B. D., 217: 34 L. T., 444: 40 J. P., 536.) [Effect of decision met by "Public Health Act, 1875," Sched. II.(l), 65.] 1890. [511] Reg. v. Soutter. " Metropolis Management Act, 1855," 6 Quo Warranto A person is not qualified under this Section unless he occu- pies the premises in respect of which he is rated Mogg v. Clark followed : Rex v. St. Pancras distinguished. (60 L. J., Q. B., 71 : L. E., 1 Q. B., 57 : 64 L. T., 40 : 55 J. P., 229.) 1857. [512] Reg. v. St. Pancras Inspectors of Votes. Parochial Election A Eeturning Officer is not to re- turn an unqualified Candidate even though he have a majority of votes. (7 E. & B., 954 : [Ross, Exparte] 26 L. J., Q. B., 312 : 29 L. T., (o. s.), 197.) 1872. [513] Reg. v. StracJian. Municipal Election Stamp Act Held that a Voting-paper used at an election of Alderman does not require a stamp. (41 L. J., Q. B., 210 : L. E., 7 Q. B., 463 : 26 L. T., 835.) 1859. [514] Reg. v. Tart. "Municipal Corporations Act, 1835," 32 A Voting-paper must be pro- perly signed, so as to connect the Voter's address with his name. (28 L. J., Q. B., 173 : 1 E. & E., 618 : 32 L. T., (o. s.), 314.) 1868. [515] Reg. v. TewJcesbury, Mayor. " Municipal Corpo- rations Act, 1835,"' 35 Though the vote of an elector knowingly and wilfully voting for a disqualified candidate is lost, yet know- ledge of facts that constitute a legal disquali- fication is not necessarily knowledge that the candidate is legally disqualified, so as to give the candidate next on the poll a " ma- jority of good votes." (37 L. J., Q. B., 288 : L. E., 3 Q. B., G29 : 9 B. & S., 683 : 18 L. T., 851.) 1853. [516] Reg. v. TJiwaites. " Municipal Corporations Act, 1835," 142 A voter named Joseph C. was entered on the Burgess Eoll as James C. and therefore signed his name as James C. though it was not correct Vote held good Semble that the vote would also have been good had he signed as Joseph C., the misnomer being capable of rectification under the Statute. (22 L. J., Q. B., 238 : 1 E. & B., 704 : 21 L. T., (o. s.), 72.) 1874. [517] Reg. v. Tong Street L. B. Neglect to hold the customary annual election Mandamus granted to compel the Board to do so six months after the proper time. (38 J. P., 756.) 18G8. [518] Reg. v. Tugwell. "Municipal Corporations Act, 1835" Quo Warranto Defective Voting- paper A Burgess rated in two wards may vote in either without selecting one in which to be enrolled. (37 L. J., Q. B., 275 : L. E., 3 Q. B., 7.04 : see also 38 L. J., Q. B., 12 : 9 B. & S., 3G7.) 34 PUBLIC HEALTH. 536 [PART 1. 1873. [519] Iteg.v. Ward (1) " Public Health Act, 1848," 21 [=" Public Health Act, 1875," Sched. II., (1), 32] Local Board Election When the Chair- man is a Candidate, he ought to take no part in the conduct of an election even during the preliminary stages But a Quo Warranto re- fused under the particular circumstances. (42 L. J., Q. B., 120 : L. E., 8 Q. B., 210 : 28 L. T., 118: 37 J. P., 453.) 18G7. [520] Iteg. v. White. (3) " Municipal Corporations Act, 1835," 36 Quo Warranto Delegation by Mayor of his duties as lleturning Officer when he is a candidate, valid. (3G L. J., Q. B., 207 : L. R., 2 Q. B., 557 : 8 B. & S., 587 : 10 L. T., 828.) 1885. [521] Itecj. v. Wigan, Mayor. " Municipal Corporations Act, 1882," 30 A Town Councillor wrote a letter resigning his office Held that the letter was final, and that writer could not withdraw it even with the concurrence of the Council. (54 L. J., Q. B., 338: L. E., 14 Q. B. D., 908 : 52 L. T., 435 : 49 J. P., 372.) 1836. [522] Hex v. Arnold. "Municipal Corporations Act, 1835," 35 Inspection of Voting-papers Extent of the discretion vested in Town Clerk to restrict applicants in their operations He may make such regulations to control applicants as may be necessary to obviate confusion and delays. (5 L. J., M. C., 54 : 4 A. & E., 657 : 6 N. & M., 152.) [Obsolete : See now " Ballot Act, 1872."] 1829. [523] Ilex v. London, Mayor. Change of Eeturuing Officer during an election Successor can complete predecessor's unfinished work. (8 B. & C., 1.) 1855. [524] RoUnson, Ex parte. " Public Health Act, 1848 ' Alleged void Election Eule Nisi for Quo Warranto. (19 J. P., 724.) [Rule absolute 26 L. T., (o. s.), 105, nom,, Eerj. v. Robinson but this Keport useless.] 1877. [525] Soper v. BasingstoJ:e, Mayor. " Municipal Elcc tions Act, 1875 " Address of a nominator Name of street lately changed Old nam on nomination paper ; new name on Burgess Eoll Nomination paper held improper!} rejected. (40 L. J., C. P., 422: L. E., 2 C. P. D., 440 : 36 L. T., 468 : 41 J. P., 535.) 1868. [526] Summerltill v. Coley. " Public Health Act, 1848 ' Attestation of Voting-papers Votin papers held valid. (32 J. P., 821.) 1857. [527] Toz&r v. Child. An Action does not lie agains a Returning Officer for rejecting a vote unles it be proved that the vote was maliciouslj rejected. (26 L. J., Q. B., 151 : 7 E. & B. 377 : 28 L. T., (o. s.), 309.) 1872. __ [528] Burner, Ex parte. Local Board Election Acci- dental neglect to add up votes on the proper day Held that it might be done on a sub- sequent day. (36 J. P., 744.) 1891. [529] 'nwin v. McMullen. "Municipal Corporations Act, 1882," 9, 11 Joint occupation- Qualification of councillor. (L. II., 1 Q. B., 694 : 56 J. P., 582.) 1854. [530] \Vestl)ury-on-Severn Union, In re. Election of Guardians Delivery of a Nomination Paper on a Sunday treated as a delivery on the day following. (4 E. & B., 314: 18 J. P., 758 : [Reg. v. Poor Law Commissioners] 1 Jur., (N. s.), 251 : 24 L. T., (o. s.), 156.) 18G8. [531] Whitely y. Cliappell. 14 : & 15 Viet., c. 105, 3 Voting at an Election of Guardians in the name of a deceased Voter is not personating anyone "entitled to vote." (38 L. J., M. C., 51: L. E., 4 Q. B., 147: 9 B. & S, 1019: 19 L. T., 355: 33 J. P., 244.) 31. ESTIMATE. 1857. [532] Cunningham v. Wolverhampton L. B. II. " Public Health Act, 1848," 85 and 69 [=' Public Health Act, 1875," 173-4; 150] Exe- cution of Works Estimate and Report from Surveyor are only requisite when a Local Board will have hereafter to maintain works which it may execute. (26 L. J., M. C., 33 : 7 E. & B., 107 : as to Costs, 28 L. T., (o. p.), 252.) 32. FENCES. 1850. [533] Barnes v. Ward. Occupier bound to fence an excavation near a public way; on default and an accident happening, "Lord Camp- bell's Act " (9 & 10 Viet. c. 93) is applicable. (19 L. J., C. P., 194: 2 C. & K. 061 : 9 C. B., 392.) 1855. [534] Cornwell v. Metropolitan Commissioners of Sewers. An ancient tidal sewer running along a highway Held that the right to the high- way was subject 1o the sewer, and the owner of the sewer was not bound to fence. (10 Ex., 771 : 3 C. L. R., 417 : 19 J. P., 313.) 1878. [>:!;-,] Firth v. Bowling Iron Co. Iron fence which defendants were bound to maintain, allowed to become defective and decayed Fragment thereof eaten by plaintiff's cow, which died Action held maintainable The defendants were acquainted with the bad condition of their fence. (47 L. J., C. P., 358 : L. R., 3 C. P. D., 254 : 38 L. T., 568 : 42 J. P., 470.) 1868. [536] Wilson v. Halifax, Mayor. " Towns Improvement Clauses Act, 1847," 83: "Public Health Act, 1848," 68 and 139 [ = Public Health SECT. 34.] 537 FOOD, UNWHOLESOME. 551 35 Act, 1875," 149, 2G1] An ancient open water-course alongside a public foot-path is not a " hole or other place near a street " which a Local Board is bound to fence Duty as to erection of posts or rails The alleged cause ij. \. St. Luke's, Chelsea, Vestry. (2). liaising level of a Street When a Local Act incor- porate s the whole of the " Lands Clauses Act, 1815," th right of compensation to parties whose lands are taken follows as a matter of course. (41 L. J , Q. B., 81 : L. R., 7 Q. B., 148 : 25 L. T., 914.) 1878. [732] Il/cltards v. Swansea Improvement Company. " Lands Clauses Act, 1815," 92 Estab- lishment consisting of cottages, yards, shops, bakery, corn-mills, stables, &c., all within a circumscribed ambit, and with internal com- munication and in one occupation, and user, held to be a " house," so that the whole property must be purchased if the owner required it. (L. R., 9 Ch. D., 425 : 38 L. T., 833 : 43 J. P., 174.) 18G7. [738] llii-li'tt v. Metropolitan Railu-ay Co. " Lands Clauses Act, 1845," 68 Construction of Works A temporary obstruction of High- way although involving loss of trade, does not entitle to compensation There must be an injury lo land or to an interest in land. (36 L. J, Q. B., 205 : L. R., 2 H. L., 175 : 16 L. T., 542.) 1885. [734] Shepherd v. Norwich Corporation. "Lands Clauses Act, 1845," 18, 19, 25, 27, 30 Service of notice Counter notice. (54 L. J., Ch., 1050 : L. R,, 30 Ch. D., 553 : 53 L. T., 251.) 1873. [735] Souch v. East-London Railway Co. " Lands Clauses Act. 1815'' A cul-de-sac dedicated to the public is for this purpose a public street, and there need be neither notice nor compensation. (42 L. J., Ch., 477 : L. R., 16 Eq., 108.) 1882. [736] Spencer v. Metropolitan B. W. " Lands Clauses Act, 1815 " Local Act Land may be said to be " taken " for a public purpose although possession is not actually entered upon. (52 L. J., Ch., 249 : L. R., 22 Ch. D., 142 : 47 L. T., 459.) 1S70. [737] Stebibing v. Metropolitan B. W. " Lands Clauses Act, 1845 " Closed graveyard Compensa- tion is payable on the actual value of land considered as depreciated by the purpose to which it is applied, and is not to be estimated at what would be the value of such land supposing it had been secularised. (40 L. J., Q. B , 1 : L. R., 6 Q. B., 37 : 23 L. T., 530.) 1877. [738] Syer v. Metropolitan B. W. " Lands Clauses Act, 1845," 18 A quarterly tenant hold not entitled to compensation. (W. N., 1877, p. 41 : 3J L. T., 277.) 1885. [739] Teuliere v. St. M'iry Abbots, Kensington, Vestry. Local Act Powers as to taking part of premises for widening a street Owners willing to sell part but not the whole Held that Vestry could not insist on taking the whole Gard v. Commissioners of Sewers considered. (55 L. J., Ch., 23 : L. R , 30 Ch. D., 642 : 53 L. T., 422 : 50 J. P., 53.) 1871. [740] Tyson v. London, Lc.rd Mayor. " Lands Clauses Act, 1845," 121 Compensation Tenant's interest in property is to be computed ac- cording to what it was when the notice was given. (41 L. J., C. P., 6 : L. R., 7 C. P., 18 : 25 L. T., 640.) 1858. [741] Ware v. HegenCs Canal Co. " Lands Clauses Act, 1845 " Compensation An occasional flooding of lands caused by the proper execu- tion of Parliamentary powers is within 68. (28 L. J., Ch., 153 : 3 De G. & J., 212 : 32 L.T., (o. s.), 136.) 1862. [742] Wi-dmore v. Bristol, Mayor. Local Acts incor- porating the "Lands Clauses Act, 1845" Raising of footway Injunction to stop the alterations refused, as Corporation was only carrying out its statutory powers, but the plaintiff to have damages awarded him. (1 Xew Rep., 120 and 187: 7 L. T., 459: 11 W. R,, 136.) 1880. [743] Wells v. Chelmsford L. B. "Lands Clauses Act,' ' 76-7 Action by vendors for specific performance of agreement for purchase of Lands by a Board Complicated state of facts Failure of vendors to make a good title to part of the land whereupon de- 48 744 PUBLIC HEALTH. 759 [PABT I. fendant executed a Deed Poll under 77 Payment of the whole purchase money into Court held under the circumstances im- proper and specific performance decreed under conditinus. (49 L. J., Ch., 827 : L. R., 15 Ch. D., 108 : 43 L. T., 378 : 45 J. P., 6.) 1877. [744] WombiceU v. Barnsley Corporation. '' Lauds Clauses Act, 1869," 1 Proposal to pur- chase land referred to arbitration Settle- ment before the Award Terms that the Corporation should pay the costs Held that there having been a special contract the Section did not apply as regards Taxation ; but that the co4s niiidit be taxed in Chancery under 6 & 7 Viet. c. 73, 38. (3G L. T., 708 : 41 J. P., 502.) 45. LEGAL PROCEEDINGS. (1.) GENERAL. 1874. [745] Andrews v. Hyde, Mayor. "Local Government Act, 1858," 24 [ = Public Health Act, 1875," Scheds.] Municipal Corporation acting as a Local Board Action for work and labour as a professional witness Held that as the action was against the Corpora- tion qua Local Board, the Corporation was liable without being otherwise or more ex- pressly described. (43 L. J.,Ex., 174 : L. R., 9 Ex., 302.) 1883. [746] A.-G. v. Bermondsey Vestry. Practice Costs Action against Corporation When Costs are not asked for against a Corporation it is irregular to make individual members de- fendants solely for the purpose of saddling them with the Costs of the main proceedings. (52 L. J., Ch., 567: L. R., 23 Ch. D., 60: 48 L. T., 445 : 47 J. P., 453.) .1816. [747] A.-G. v. Pearson. Circumstances under which the costs and damages in an Action against Officers of a Parish Trust may be defrayed out of the Trust Funds. (2 Coll., Ch. C., 581: 10 Jur.,651.) 1890. [748] Suiter v. Fleet wood Commissioners. Action on behalf of Urban Authority brought in the County Palatine Court of Lancaster which might have been brought in the County Court Action dismissed Whereupon de- fendants refused to pay the plaintiff's Bill of Costs Held that they were bound to do so, and that plaintiff had not been guilty of actionable negligence in not instituting the proceedings in the County Court. (62 L. T., 831: 54 J. P., 711.) 1857. [749] Bedford V. Button Coldfidd Society. Local In- closure Act A Rent-charge held not recover- able by Action against the landowner. (27 L. J., C. P., 105 : 3 C. B., (N. s.), 449.) 1865. [750] Sermondsey Vestry v. Brown. Vestry empowered by Statute to indict or take other proceed- ings as to obstructed rights of way Held that it must nevertheless indict in the name of the Queen and sue in Equity in the namo of the Att.-Gen. (L. R., 1 Eq., 204: 35 Bea., 226: 13 L. T., 574.) 1873. [751] Bolingbroke (Lord) v. Townsend. If a plaintiff by inadvertence sues the Clerk of a Local Board instead of the Board, the writ may bo amended. (42 L. J., C. P., 255: L. R., 8 C. P., 645 : 29 L. T., 430 : 38 J. P., 7.) 1862. [752] Brine v. Great Western Railway Co. Negligent execution of works sanctioned by Parliament Action held maintainable. (31 L. J., Q. B., 101 : 2 B. & S., 412 : 6 L. T., 50.) 1884. [753] Bristol, Mayor v. Cox. Opinion of Counsel taken by a Town Council is a privileged document, and Council may refuse inspection even to Ratepayers Semlle that a confidential Report by a Committee is similarly privi- leged. (53 L. J., Ch. D., 144: L. R., 26 Ch. D., 678: SOL. T., 719.) 1879. [754] Bryant v. Lefever. Easement Obstruction of air by adjacent building Prescription The free circulation of air round a chimney is not a privilege which . the law protects, and an obstruction thereto is not actionable Observations by the Court on Rights of air. (48 L. J., C. P., 380 : L. R., 4 C. P. D., 172 : 40 L. T., 579 : 43 J. P., 478.) 1836. [755] Cane v. Chapman. Annuity chargeable on Rates under a Local Act Form of Action on failure to make a quarterly payment that was due. (6 L. J. , K. B., 49 : 1 N. & P., 104 : 5 A. & E., 647 : 2 H. & W., 355.) 1862. [756] CasiKcll v. Cook. " Markets and Fairs Clauses Act," 13 Local Act Construction Costs not given against the appellant in an argu- able case. (31 L. J., M. C., 185: 11 C. B., (N. s), 637: [Costs] 12 C. B., (N. s.), 242.) 1878. [757] Day v. Broumrigg. A person may give his house any name he pleases, even although his next door neighbour has made use of the same name for many years previously. Per Jessel, M.R. : " In our law, in order to support an Action, there must be injury as well as damage; the two things must co-exist." (48 L. J., Ch., 173: L. R., 10 Ch. D., 2U4 : 39 L. T., 553.) 1866. [758] Derriman't Settlement, In re. Local Act " Pub- lic Health Act, 1848 "A Local Board which has taken land compulsorily, must pay the costs of a petition for payment out of Court of the purchase money of such land where it is settled property. (W. N., 1806, p. 269.) 1852. [7r>9] Edwards v. Loinules. Local Act Special Trust Statutory payment in arrear Action by an organist against a Local Board Action SECT. 45.] 760 LEGAL PROCEEDINGS. 775 49 held not maintainable, the remedy being in Equity. (22 L. J., Q. B., 104: 1 E. & B., 81: 25 L. T., (o. s.), 154.) 1853. [760] Egginton, Ex parte. " Municipal Corporations Act, 1835," GO. Where an Officer refuses to account, his commitment is in the nature of a Civil process and his arrest on a Sunday illegal, but he may be detained at the in- stance of a third party tinder a ca. sa. subsequently issued. (23 L. J., M. C., 41 : 2 E. & B., 717 : 2 C. L. R., 385 : 22 L. T., (o. s.), 118.) 1871. [701] (till v. Bright. Seizure of Liquors. A man's property must not be declared forfeited until he has hnd an opportunity of being heard. (41 L. J., M. C., 22 : 25 L. T., 591.) [See observations on this case in 42 J. P., 401.] 1878. [702] Glossop v. Heston L. B. A witness giving evi- dence by affidavit may supplement orally his evidence in chief if he is in Court, unless the agreement between the parties that the evidence shall be taken by affidavit says "by affidavit only." (47 L. J., Ch., 536: 20 W. R., 433.) 1844. [703] Hall v. Swansea, Mayor. An Action lies against a Corporation aggregate to recover moneys wrongfully received by it in respect of fees payable to the holder of an office improperly abolished. (13 L. J., Q. B., 107: 5 Q. B', 520 : D. & M., 475.) 1807. [704] Ilarrinij v. Stockton, Mayor. "Violation of a By- Law Convicting Justices held not to be disqualified because members of the Board Held also that the Information did not require to be laid by a person appointed under seal, and by consent of the Attorney- General. (31 J. P., 420.) 1854. [705] Harrison v. Southampton, Mayor. 8 & 9 Viet., c. 43, extended by 13 & 14 Viet., c. 65 [and further extended by 18 & 19 Viet., c. 70]. A Statute authorising a devise of land for a public purpose will be taken to include a bequest of money for the purchase of land The Court will put a liberal construction on an Act which legalises the gift of property for laudable purposes. (23 L. J., Ch, 919 : 2 Sm. & G., 387 : 23 L. T., (o. s.), 330.) 1883. [760] Holder v. Margate, Mayor. "Public Health Act, 1875," 264 Notice of Action is not re- quired in proceedings for the recovery of land. (52 L. J., Q. B. D. ; 711 : [Foot v. &c.] L. R., 11 Q. B. D., 299 : 47 J. P., 535.) 1858. [767] lichen Bridge Co. v. Southampton L. B. II. The Common Law right of a Judge to change the Venue in an Action, is not taken away by the " Public Health Act, 1848," 139. (27 L. J., Q. B., 128 : 8 E. & B., 803 (n) : 30 L. T., (o. s.), 151.) An Action may be supported against a Local Board for a tort, notwith- standing the compensation clause of the above Act, 144. (28 L. J., Q. B., 41 : 8 E. & B., 801 : bO L. T., (o. s.), 256.) 1873. [768] Jolliffe v. Wallasey L. B. Negligence Manage- ment of a landing stage vested in Local Board The plaintiffs might have recovered damages if they had not omitted to give the Notice of Action required by the "Public Health Act." (43 L. J., C. P., 41 : L. R., 9 C. P., 62 : 29 L. T., 582 : 38 J. P., 40.) 1891. [769] Lee Conservancy Board v. Tottenham L. B. Joint Committee formed by two Local Boards for management of sewers The control of the sewers having passed to such Committee under statutory powers, it was held that one constituent Board could not be proceeded against for a nuisance. (64 L. T., 198 : 55 J. P., 343.) 1886. [770] Martin v. Treacher. " Public Health Act, 1875 " In action for penalty for acting as member when not qualified plaintiff cannot ad- minister interrogatories in order to prove his own case. (L. R., 16 Q. B. D., 507 : 50 J. P., 356.) 1860. [771] Mason v. Birkenhead Improvement Commissioners. Negligence of Servants Commissioners held entitled to Notice Attorney's letter not a sufficient Notice. (29 L. J., Ex., 407 : 6 H. & N., 72 : 2 L. T., 632.) 1842. [772] Maund v. Monmouthshire Canal Co. Trespass as well as Trover lies against a Corporation aggregate for an act done by their agent within his authority. (11 L. J., C. P., 317 : 4 M. & G., 452 : 3 Rail. Cas., 159 : 5 Scott, N. R., 457.) 1875. [773] Mill v. HaicJcer. ' Highway Act, 1862," 9 (6) and 16 Obstruction Liability of members of a Board for acts that are ultra vires Officer obeying orders of that character Certain members of a Highway Board, and the Suiveyor, held liable personally for a trespass. (44 L. J., Ex., 49 : L. R., 10 Ex., 92 : 33 L. T., 177 : 39 J. P.. 181.) 1882. -[774] Trestney v. Colchester, Mayor. Place at which valuable Corporation documents should be produced in connection with pending legal proceedings. (52 L. J., Ch., 346 : 48 L. T., 353.) 1885. [775] Reg. v. Aspinall. Local Act similar to the "Metropolitan Building Act" Houses " presented" as unfit for habitation Owners refused a hearing Presentment held invalid because owners had not been heard against it Rule Absolute for a Certiorari. (Times, July 4, 1885.) 50 776 PUBLIC HEALTH. 791 [FAIiT I. 1857. [776] Beg. v. Fame. 16 & 17 Viet., c. 128, 1 Nuisance Smoke Evidence of a prior summary con- viction is not receivable on an Indictment. (8 E. & B., 486 : 8 Cox, C. C., 66 : 30 L. T., (o. s.), 131.) 1875. [777] Reg. v. Foulkes. The son of a Clerk to a Local Board living at home and receiving no salary held duly convicted of embezzling the moneys of the Board although not directly employed by the Board. (44 L. J., M. C., 65 : L. E., 2 C. C. E., 150 : 39 J. P., 501.) 1856. [778] Reg. v. Halifax L. B. H. Damage to premises by drainage works Compensation A public body should be careful not to spend money recklessly If two legal remedies are avail- able the less expensive should be chosen. (20 J. P., 51.) 1871. [779] Reg. v. Lovibond. "Metropolis Management Amendment Act, 1862 " Building Line Encroachment Indictment Held that an Indictment did not lie, for the Statute had prescribed a particular remedy. (24 L. T., 357 : 36 J. P., 20 : 19 W. R., 753.) 1864. [780] Saunders \. Slack. Local Act Action against the Clerk of Commissioners Judgment and fi. fa. Eule Nisi to set aside the same dis- charged on the ground that the Commis- sioners if in the right might obtain redress otherwise, e.g. by Action of Trespass. (11 L. T.,484.) 1876. [781] Scarborough, Mayer v. Scarborough Union. "Public Health Act, 1875," 91 Town refuse deposited in a field in the Eural Dis- trict with the consent of a farmer Nuisance Order on Corporation to " discontinue and abate" Order held good as regards dis- continuance, but bad as regards abatement, Corporation possessing no power to enter in order to abate. (L. R., 1 Ex. D., 344 : 34 L. T., 768 : 40 J. P., 726.) 1876. [782] Skeet v. Bishop Storlford L. B. Suit pending as to the rights of a Board Abusive language by the Clerk and a member towards a witness Alleged contempt Circumstances under which the Court would interfere. (Times, June 24, 1876.) Proceedings to try a right of way. (Times, June 5, 1817.) 1875. [783] Small v. Bickley. '-Nuisances Eemoval Act, 1863," 3 [ = Public Health Act, 1875," 118] Search for diseased meat Held that refusing to send a key mile to admit an Inspector was not an offence within the Act, as such refusal did not amount to obstructing an officer. (32 L. T., 726 : 40 J. P., 119.) 1889. [784] Smith v. Finchley L. B. Successful Action by plaintiff against Board for balance due under a contract Subsequently, a letter addressed to the Board was discussed publicly and handed to the press and published Applica- tion for an attachment against 6 members and the clerk Application refused Per Lopes, J.: " It would be ridiculous to grant this application." (Times, May 9, 1889.) ^ 1878. [785] St. Leonard's, Shorctlitch, Guardians v. Franklin. Action for penalties A Corporation cannot sue ns a common informer unless expressly fuithorised by Statute to do so. (47 L. J., C. P., 727 : L. E., 3 C. P. D., 377 : 39 L. T., 122 : 42 J. P., 727.) 1859. [780] Ward v. Lowndes. "Public Health Act, 1848," 89 [=" Public Health Act, 1875," 210-11] Action by an Architect for work done, &c., for an Authority whose powers Lad been transferred to another Authority Claim of Mandamus to levy a Eate Plea of Limitation of time Judgment for the plaintiff. (29 L. J., Q. B., 40 : 1 E. & E., 940 : 1 L. T., 268.) 1864. [787] Wednesbury L. B. H. v. Stephenson. ' Public Health Act, 1848," 38 [ = " Public Health Act, 1875," 192]; "Local Government Act, 1858," 63 [=Ibid., 257] Ap- peal to Q. B. Judgment for appellants Held that though the respondent did not appear, yet he was liable for the Costs of the appeal Surveyor interested in a patent for bricks Held that notwithstanding this, he was entitled to represent the Board which was suing for Paving expenses. (33 L. J., M. C., Ill : [Reg. v. Wednesbury'] 9 L. T., 731 : 27 J. P., 741.) 1885. [788 J Westbury-on-Severn Sanitary A. v. Meredith. " Public Health Act, 1875," 257 Action in Chancery Division to declare that 6 odd expended on premises shall be charged on them Held that such an action being for less than 10 could uot be maintained in the Chancery Division. (L. E., 30 Ch. D., 387 : 42 L. T., 838.) 1865. [789] Williams v. Golding. Local Act Persons en- titled to Notice of Action The woids "dis- trict surveyor or other persons " menu " other official persons " and do not include a builder guilty of negligence. (Metrop.) (35 L. J., C. P., 1 : L. E., 1 C. P., 69 : 13 L. T., 291.) 1805. ' [790] Wootton V. Harvey. " Militia Act, 1802," 42 Geo. III., c. 90, (Jl Distress Warrant may issue after a single demand even though there may have been an appeal to Sessions against the demand and the appeal have been dismissed. A person who is bound to pay money to another is required to find out Jiis creditor, if in England, and to tender him the money. (6 East, 75.) (ii.) " CERTIORABI." 1857. [791] Reg. v. Didtenson. " Municipal Corporations Act, 1835," 132 By-Law Projection of a Shop Front By consent of the parties, the Court SECT. 45.] 702 LEGAL PROCEEDINGS. 807 51 may liavo cognizance of a Special Case, al- though Certiorari has been taken away. (26 L. J., M. C., 204 : 7 E. & B., 831 : 29 L. T., (o. s.), 180.) 1860. [792] llff). v. Gosse. " Nuisances Eemoval Act, 1855," 39 [ = " Public Health Act, 1875," 262] If Justices have acted without jurisdiction, Certiorari may be had notwithstanding 39. (30 L. J., M. C., 41 : 3 E. & E., 277 : 3 L. T.. 404.) 1867. [793] lletj. v. Staffordshire JJ. " Public Health Act, 1848," 63 [ = " Public Health Act, 1875," 116-17] A conviction can only be re- moved by Certiorari where there is excess or refusal of jurisdiction The " Railway Clauses Consolidation Act, 1845," is so incorporated with the "Towns Improvement Clauses Act, 1847," as to take away Certiorari. (16 L. T., 430.) (iii.) COUNTY COURT. 1877. [794] Hall v. Pritchett : Huddervfield Corporation, Gar- nitiJiees. Judgment summons for debt ob- tained in County Court against defendant, a Medical Officer of Health Garnishee sum- mons on the Corporation (his employers) set .isule 0:1 the ground that the current instal- ment of the officer's salary before it was actually payable was not a debt due or owing or accruing at the time when the summons was issued, within the County Court Rules, 1875, Order XXIV., Rule 4. (47 L. J., Q. B., 15 : L. R., 3 Q. B. D., 215 ; 37 L. T., 671.) 1887. [795] Leeds, Mayor, v. liobshaw. Local Acts A certain (local) limitation of time for recovery of ex- penses held not to apply when proceedings were taken in the County Court. (51 J. P., 441.) 1879. [796] Her/, v. Harrinyton. Nuisance Jurisdiction of County Court A County Court Judge, where he can entertain an Action for damage owing to a nuisance, has power to grant an Injunc- tion to restrain sucli nuisance, and can enforce it by Attachment. (43 J. P., 829.) 1855. [797] Taylor v. Croicland Gas & Colce Co. A Corpora- tion may be sued in a County Couit, and "dwells" at the place where its business is carried on. (24 L. J., Ex., 233 : 11 Ex., 1 : 3 C. L. R., 865 : 24 L. T., (o. s.), 118.) 1876. [798] Toff.-nliitm L. B v. Powell (1). "Public Health Act, 1848," 69 and 129 [ = " Public Health Act, 1875,"' 150, 251] The limitation of 6 months in 11 & 12 Viet., c. 43, 11, applies to proceedings in County Courts as well as to proceedings before Justices. (46 L. J., Q. B., 432 : L. R., 1 Ex. D., 514 : 35 L. T., 887.) 1876. [799] West Ham L. B. \. Mad dams. " Public Health Act, 1848," 69 [ = Public Health Act, 1875," 150] : 24 & 25Vict., c. 61, 24 [ = Ibid., 261 ] Paving expenses recoverable summarily or in a County Court The limitation of 6 months for proceedings applies also in a County Court. (33 L. T., 809 : 40 J. P., 470.) (iv.) "ELEGIT." 1891. [800] Jersey (Earl of) v. Uxbridge E. S. A. Injunction granted to restrain pollution of stream Costs taxed Writ of Elegit sued for Where cer- tain lands are held in trust for a certain parish they cannot be taken in execution fora judgment debt not chargeable exclusively against that parish Held also that the costs in question were "general expenses" Held also that the judgment could only be enforced against property acquired out of the Common Fund. (60 L. J., Ch., 833 : L. R., 3 Ch. D., 183; 64 L. T., 858.) ^1866. [801] Worral Waterworks Co. v. Lloyd. Land con- veyed to a Local Board for the purposes of the " Public Health Acts " held liable to be taken under an Elegit. (L. R., 1 C. P., 719.) (V.) EVIDENCE. 1889. [802] Caton v. Hamilton. An Ordnance map is re- ceivable in evidence to prove the position of a boundary line at the time when the Survey was made, but it cannot be used as any proof of title. (53 J. P., 504.) 1845. [803] Doe d. Hopley v. Young. Acting in an official capacity may be proved by evidence of the person having exercised the office before or after. (15 L. J., Q. B., 9 : 8 Q. B., 63.) 1836. [804] Meeker v. Van Kensselaer. Parol evidence of the acts of a Board of Health in directing the abatement of nuisances is not admissible : written minutes or orders should be produced. (15 Wendell, 397.) [American.] 1838. [805] Merrich v. Wakley. " Poor Law Amendment Act, 1834," 15 A register of attendances kept by a Medical Officer in obedience to an order of the Poor Law Commissioners is not admissible in evidence on behalf of the author as a public official book. (7 L. J., Q. B., 190 : 8 A. & E., 170 : 8 C. & P., 283.) 1846. [806] Slater v. Hodgson. A Workhouse is not an im- proper repository for documents belonging to a parish within the Union so as to make them inadmissible in evidence when pro- duced from thence. (2 New Sess. Cas., 488 : 9 Q. B., 727 : 8 L. T., (o. s.), 160.) 1879. [807] Weymouth L. B. H., In re. Nuisance on pro- perty belonging to a Town Council Pro- ceedings against Council Appeal dismissed, proceedings being informal, it being shown that the Council were not owners qua Local Board and did not occupy. (Times, May 27, 1879.) E 2 52 808 PUBLIC HEALTH. 823 [PART I. 1876. [808] Witney v. Wycombe Union. " Public Health Act, 1875" "Special" Expenses A well, con- structed by private individuals for public use, repaired by the Local Authority Held, that this evidence justified the enforcement of a precept for money. (4.0 J. P., 149.) (vi.) INJUNCTION. 1866. [809] *A.-G. v. Staffordshire Copper Extracting Co. Nui- sance under the '' Nuisances Removal Act, 1855" Bill filed by a Local Board of Health Question as to the frame of the suit (W. N., 1866, p. 258.) 1867. [810] Cooke v. Forbes. Where an accidental escape of noxious vapovir on 3 occasions inflicted in- jury on a neighbouring manufacturer, held that an Injunction was not an appropriate remedy. (37 L. J., Ch., 178 : L. K., 5 Eq., 166 : 17 L. T., 371.) 1877. [811] Floicer v. Leyton L. B. Action for damage to crops by overflow of sewage, and application for Injunction to restrain Held, that appli- cation for an Injunction was the chief part of the plaintiff's case and the claim for damages only subsidiary, and therefore that the Board was not entitled to Notice of Action under 264 of the " Public Health Act, 1875." (46 L. J., Ch., '621 : L. R., 5 Ch. D., 347: 36 L. T., 760.) Action brought; damages assessed by the Court. (W. N., 1878, p. 91.) 1883. [812] Foster v. Bristol Corporation. Local Act Forma- tion of new street through part of disused Burial ground Allegation that works were being carried out indecently Injunction granted in form of an admonition to de- fendants to take precautions not to disturb human remains. (Times, June 12, 1883.) 1865. [813] Grindley v. Booth. Action for nuisance Boiling offal Ex parte Injunction under the " Com- mon Law Procedure Act, 1854," 82, granted pending the trial Practice as to costs. (34 L. J., Ex., 135 : 3 H. & C., 669 : 12 L. T., 469.) 1875. [814] Hardinge v. Southborough L. B. Pollution of Stream by Sewage Injunction granted against a Board, though all the members had resigned office. (W. N., 1875, p. 78: 32 L. T., 250.) 1865. [815] Lingwood v. Stowmarket CD. The right to an Injunction is founded on the fact of injury, and this must, therefore, be averred. (L. R., 1 Eq., 77 : 13 L. T., 540.) 1834. [816] Ripon (Earl of) v. Hobart. Fen Drainage Anticipated damage to banks of river In- junction refused on the ground that there was no antecedent certainty of a nuisance arising. (3 L. J., Ch., 145 : 3 Myl. & K., 169.) 1864. [817] Swaine v. Great Northern Railway Co. Nuisance Railway Sidings used for Manure Trucks An Injunction will not be granted against a temporary and occasional nuisance. (33 L. J., Ch., 399 : 4 De G. J. & S., 211 : 9 L. T., 571 and 745.) 1873. [818] Thorpe v. Brumfitt. Street Obstruction by carts loading and unloading The Court will re- strain a nuisance caused by several persons, though the mischief caused by any one of them would by itself be inappreciable. (L R., 8 Ch. App., 650 : 37 J. P., 742.) (vii.) JUSTICES. 1880. [819] Debenham v. Metropolitan B. W. Default in taking down dangerous party wall ordered by Magistrate to be taken down by owner Whereupon wall removed by contractor employed by the Board for the purpose Refusal by owner to reimburse Board on ground that the Board had incurred needless expense Held that a Magistrate had no power to review the reasonableness of the outlay, but that on proof of the fact that it had been incurred he must order owner to refund. (50 L. J., M. C., 29 : L. R., 6 Q. B. D., 112 : 43 L. T., 596 : 45 J. P., 190.) 1877. [820] *Diss Urban Authoi-ity v. Aldrich. " Public Health Act, 1875," 305 Application to Justices for an Order to enter premises to make a sewer. (46 L. J., M. C., 183 : L. R., 2 Q. B. D., 179 : 36 L. T., 663 : 41 J. P., 549.) [See now 42 & 43 Viet., c. 49, 33.] 1863. [821] Hargreaves v. Taylor. "Public Health Act, 1848," 54 [=" Public Health Act, 1875," 40-1] Nuisance The nature and extent of the works to be done are in the discretion of a Local Board At proceedings before Justices for the recovery of penalties, such Justices cannot review the determination of the Board. (32 L. J., M. C., Ill : 3 B. & S., 613 : 8 L. T., 149.) 1892. [822] Harvey v. Gibb. Summons for discharging refuse into a river One of the magistrates a member of the Fishery Committee which instituted the prosecution Per Wills, J. : " We will not give costs against the magistrate personally ; but, if in this last decade of the 19th century magistrates will not learn the elementary rule of law that they must not adjudicate or appear to adjudicate in cases in which they are interested, we shall havo to do so in future." (Times, May 17, 1892.) 1862. [823] Leamington L. B. H., Ex parte. Complaint to Justices on behalf of a Local Board by a Superintendent of Police Justices not bound to adjudicate unless the Clerk appears either in person, or by Counsel or Attorney. (26 J. P., 84.) [See ' Public Health Act, 1875," 259.] SECT. 43.] LEGAL PROCEEDINGS. 839 53 1876. [821] Morant v. Taylor, Local Act Order to demolish building Limitation of time 11 & 12 Viet, c. 43, 11 Held that all kinds of Orders are subject to the 6 months' limitation. (45 L. J., M. 0., 78 : L. R., 1 Ex. D., 188 : 34 L. T., 139 : 40 J. P., 501.) 1851. [825] Newbold v. Cnltman. 2 & 3 Viet., c. 84, 1 Order on Overseers for contribution Con- sideration of the circumstances which will justify refusal to pay. (20 L. J., M. C., 149 : 6 Ex., 189: 15 J. P., 372.) 1860. [826] Newman v. Baiter. " Metropolitan Building Act, 1855," 46 "Street" There being no question of Law involved, the Magistrate's decision held not liable to be reviewed. (8 C. B., (N. s.), 200.) 1863. [827] Reg. v. Brodhurst. "Public Health Act, 18^8," 2, 129, and 148 [=" Public Health Act, 1875," 251,306]" Justices acting for the place " means, in the case of a County, acting and also sitting within the Petty Sessional Division in which the case arises Justices not so acting or sitting have no jurisdiction. (32 L. J., M. C., 168 : 11 W. R., 425.) [But see Paley, Summary Convictions, 6th ed., 1879, p. 38.] 1881. [828] Reg. v. Deal JJ. Justices, annual subscribers to local Branch of Society managed in London, held not disqualified from adjudicating on a charge preferred by the London Committee Payment of a subscription is merely a mode of expressing an opinion Allegation of bias too remote. (45 L. T., 439 : 46 J. P., 71.) 1892. [829] Reg. v. Gais/ord. A Justice attended a Vestry and proposed a resolution for removal of a nuisance caused by S. on a summons taken out against S. by Surveyor The Justice sat and convicted him, further deciding that the materials complained of should be sold for the benefit of the Rates Held that there was thus a double disability attaching to the Justice Conviction quashed. (61 L. J., M. C., 50 : L. R., 1 Q. B., 381 : 56 J. P., 247.) 1880. [830] Reg. v. Gibbon. Local Act Interest of Justices Information laid before a Justice who was a member of Corporation prosecuting Penalty payable to Corporation Held that the Justice had an interest sufficient to dis- qualify him, and therefore Mandamus to 2 other Justices to hear the summons issued by the first Justice refused though they were not interested Reg. v. Weymouth JJ. ex- tended. (L. R., 6 Q. B. D., 168 : 29 W. R., 442.) 1881. [831] Reg. v. Handsley. " Public Health Act, 1875," 258 A Justice though member of Body which prosecutes is not on that account dis- qualified from acting as a Justice : he is only disqualified when he has snch a substantial interest in the result as to make bias likely Reg. v. Gibbon disapproved of. (51 L. J., M. C., 137 : L. R., 8 Q. B. D., 383 : 46 J. P., 119.) 1845. [832] Reg. v. Hertfordshire JJ. If a Justice hearing a case at Sessions is interested in the result the Court is improperly constituted No answer, that there was a majority without counting the interested party Nor that he withdrew before the decision if he had assisted in discussing the matter. (14 L. J., M. C., 73 : 6 Q. B., 753 : 1 New. Sess. Cas., 470.) 1879. [833] Reg. v. Huntingdon JJ. " Dogs Act, 1871 " Three Justices, Members of a Town Council, having assisted in making an Order, after- wards sat to hear a complaint of non-observ- ance of the Order Held that they had no such interest as to oust their jurisdiction. (L. R., 4 Q. B. D., 522 : 43 J. P., 767.) 1862. [834] Reg. v. Jenkins, "Nuisances Removal Act, 1855," 14 [=" Public Health Act, 1875," 98] When a penalty is imposed under this Section and remains unsatisfied, the Justices, before they can enforce it, must summon the defendant. (32 L. J., M. C., 1 : 3 B. & S., 116 : 7 L. T., 272.) 1880. [835] Reg. v. Lancashire JJ. (3). Justices members of an Urban Sanitary Authority held justified in declining to hear an Information laid before them for breach of a law in the vindication of which they were ex officio interested. (Times, Dec. 22, 1880.) 1882. [836] Rtg.v.Lee. (3). " Public Health Act, 1S75," 116, and 275 Conviction One of the convicting Justices Chairman of the Committee which directed the prosecution Conviction quashed 258 does not apply to such a manifest case of bias. (L. R., 9 Q. B. D., 394 : 30 W. R., 750: 47 J. P., 118.) 1891. [837] Reg. v. London C. C. " Local Government Act, 1888," 3 Application for renewal of a license Refusal by Committee Fresh appli- cation Opposition by sitting Councillors Disqualification by bias. (Metrop.) (61 L. J., M. C., 75 : L. R., 1 Q. B., 190 : 66 L. T., 168 : 56 J. P., 8.) 1875. [838] Reg. \. Meyer. Alleged default by two Sanitary Authorities ; a third party prosecutes H. who is convicted ; one of the Justices present at the conviction was chairman of one of the Sanitary Authorities concerned Conviction quashed on the ground of interest in one of the Justices though he took no aclive part in the conviction. (L. R., 1 Q. B. D.,173: [Reg. V. Myers] 34 L. T., 247 : 40 J. P., 645.) 1866. [839] Reg. v. Pollard. (1). A defendant charged with obstructing the works of a Local Board is not necessarily entitled to have the case dismissed by Justices because he justifies the obstruc- 840 PUBLIC HKALTIf. 855 [PAIiT I. tiou by claim of private right Justices required to state a Case. (14 L. T., 599.) 1873. [840] Beg. v. Pollard. (2). " Nuisances Eeinoval Act, 1855 "[Repealed] Proceedings for abatement of a nuisance Defence that a public sewer must first be made Complaint dismissed on the ground that construction of a sewer was a condition precedent to making of an Order of abatement Justices ordered to state a Case on this point. (37 J. P., 309.) 1870. [841] Beg. v. Pratt. (2). Costs awarded by Sessions in respect of an appeal and which are enforce- able by distress and commitment arc within the exception in 4 (2) of the " Debtors Act, 1869," and the defaulter may therefore be imprisoned. (39 L. J., M. C., 73 : L. E., 5 Q. B., 176: [Cole, Ex parte] 21 L. T., 750.) 1885. [842] Meg. v. Priestley. Non-conipliance with Building By-Laws Limitation of time Justices held bound to state a Case. (49 J. I'., 148.) 18G6. [843] Reg. v. Band. A Justice pecuniarily interested is disqualified from acting judicially; but possibility of bias does not suffice. (35 L. J., M. C., 157 : L. E., 1 Q. B., 230 : 7 B. & S., 297.) 1877. [844] Berj. v. Trimble. " Public Health Act, 1875," 96 Nuisance from stagnant water Nuisance caused by A., but actually occurring on the land of his neighbour B. Order to abate involving an entry by A. on the land of B. held bad. (36 L. T., 508 : [Beg. v. Cumber- land] 41 J. P., 454.) 1879. [845] Beg. v. Weymouth JJ. " Public Health A ct, 1875," 258 Proceedings by a Local Authority against a person for a nuisance Conviction Of the Magistrates sitting on the Bench when the case was heard, 2 were members of the Local Authority Held that they were interested Accordingly, Rule absolute for Certiorari to quash the convic- tion. (48 L. J., M. C., 139 : [Beg. v. Milledge] L. E., 4 Q. B. D., 332 : 40 L. T., 748 : 43 J. P., 606.) 1882. [846] Beg. v. Winchester JJ. Building By-Laws Cer- tain members of an Urban Authority, being also Justices, took part in a meeting whereat it was resolved that a roof was to be pulled down Some of the same Justices heard the case, and ordered Builder in default to be lined Order quashed on Certiorari, and the Justices who acted in both capacities to pay the Costs. (46 J. P., 724.) 1833. [847] Bex V. Cheshire JJ. When Justices have signed and scaled an Order they cannot afterwards amend it. (5 B. & Ad., 439: 2 N. & M., 827.) 1865. [848] Wakefield L. B. H. v. West Biding & Grimsby Railway Co. Summary Conviction If a Justice is interested, the parties may waive the objection ; if this is done, the proceedings will not on that account be afterwards avoided by the Superior Court. (L. E., 1 Q B., 84 : 6 B. & S., 794 : 10 Cox, C. C , 162 : 13 L. T., 590.) 1858. [849] Yorkshire Tyre and Axle Co. v. Botherham L. B. H. Case stated under 20 & 21 Viet., c. 43, 2 Material document omitted to be set out Case sent back for amendment before it came on for argument. (27 L. J., C. P., 235 : 4 C. B., (N. s.), 362.) (viii.) "MANDAMUS." 1857. [850] Ham L. B., In re ; Basxett, Ex parte. " Nuisances Eemoval Act, 1855," 14 [ = " Public Health Act, 1875," 98] If a Sanitary Authority does not think fit to enforce an Order of Justices obtained by its own officer, it cannot be made to do so by Mandamus. (26 L. J., M. C., 64 : 7 E. & B., 280 : [_Beg. v. I/am] 28 L. T., (o. s.), 267.) 1876. [851] Ilarrogate Medical Officer v. Harrogate L. B. II. Application for Mandamus to compel a Board to allow a duly appointed officer to discharge his duties Application refused Mandamus only the remedy for non-performance of public duties A Board not being required to perform medical officer's duties, Mandamu* does not lie His remedy under the circum- stances is an Action for non-payment of salary. (Times, Nov. 22, 1876.) 1864. [852] Beg. v. Bolder. 2 & 3 Viet., c. 84, 1 Contri- bution Order on an Overseer On refusal to pay, application to Justices to issue Warrant On their refusal, Mandamus The discre- tion of Justices in such cases is not absolute ; they must not refuse to act merely for frivolous reasons. (33 L. J., M. C., 101 : 4 B. & S., 959 : 8 L. T., 514.) 1859. [853] Beg. v. Burleiyh \_Bnrley~] L. B. Payment made by a Board under the protection of a Man- damus, which was deemed necessary because of long delay On a further delay in asking for Costs, Costs refused. (1 L. T., 92.) 1875 and 1876. [854] Beg. v. Keighley Guardians. Refusal to enforce vaccination Rule absolute for Mandamus at the instance of Local Government Board (39 J. P., 309 and 360.) [Subsequently an application ] Beg. v. Peterborough, Mayor, " Borough Funds Act, 1872 " Application for Mandamus for a Poll refused, applicant, though a ratepayer, being personally interested as Solicitor for SECT. 45.] 856 LEGAL PROCEEDINGS. 872 55 the Bill, respecting which he desired a Poll On such an application it is essential to show who is the real applicant, and that he is land fide interested. (44 L. J., Q. B., 85 : 23 W. R., 343.) 1862. [85G] Reg. v. St. Luke's, Chelsea, Vestry. (1). " Metro- polis Management Act, 1855," 69 Man- damus ordering the construction of a sewer hold defective It should have shown some particular reason why one locality was to be singled out. and that the Metropolitan Board had eivcn its consent. (31 L. J., Q. B., 50 : 1 B. & S., 903 : 5 L. T., 744.) 1837. [857] Hex v. Nottingham Old Water-works Co. Inter- ference with Water rights A Mandamus will only be issued when there is a specified legal right and an absence of an effectual remedy ; or if there is a doubt whether there lie a remedy. (6 L. J., K. B., 89 : 1 Nev. & P., 480 : 6 A. & E., 355 : W. W. & D., 16C.) 1891. [858] ScJiofield, Ex partc. " Public Health Act, 1875," 91 Conviction for black smoke Order to abate made Refusal by Magistrate to state a case Mandamus to compel him to do so, refused No appeal lies in such case to the Court of Appeal. (56 J. P., 4.) 1865. [859] Worth {nylon \. llulton. "Where a Judgment has been obtained against a Local Board on a contract, a Mandamus may be issued within G months of the Judgment, thougli the Action was more than 6 mouths after the claim accrued, if the delay is explained. (35 L. J., Q. B., 61 : L. R., 1 Q. B., 63 : 6 B. & S., 943 : 18 L. T., 463.) (ix.) SESSIONS. 1882. [860] Eaglesficld v. Teasdale. "Public Health Act, 1875," 117 Charge of having diseased meat dismissed by Justices Held that no appeal against such dismissal lay to Quarter Sessions. (At Q. Sess.) (46 J. P., 744.) 1876. [861] Jli-tj. v. Jiarnet Union. " Public Health Act, 1875," 48 and 269 Appeal " within 14 days" The " 14 days "must be computed from the date of the Order of Justices. (45 L. J., M. C., 105 : L. R., 1 Q. B. D., 558 : [l( the non-repair of a highway. (39 L. J., Q. B., 131 : L. R., 5 Q. B., 21 8: 10 B. & S., 942 : 22 L. T., 293: 31.1. P., 342.) 18G5. [908] Gordon v. St. James's, Westminster, Vestry. Leakage of wat^r from a drain into a cellar Conflicting evidence of negligence Ju 'g ment for the defendants. (13 L. T., 511.) 1864. [909] Gray v. Pullen. "Metropolis Management Act, 1855," 77, 11 0-1 IConstruction of Drain resulting in injury to a highway Accident to a foot passenger A person is liable for an injury aris : ng through negligent perform- ance of a statutory obligation, whether per- formed by himself or by a contractor employed by him. (34 L. J., Q. B., 2<55 : 5 B. & S., 970 : 1 1 L. T., 5GO.) 1875. [910] Gwinnell v. Earner. Injury to plaintilf from the giving way of a defective coal-grating in a public highway Premises underlease Lessee to repair Held that the plaintiff had no right of Action against the defendant as Lessor. (L. K., 10 C. P., 658 : 32 L. T., 835.) 1877. [911] Hall v. Batten, Mayor. "Public Health Act, 1875," 23 Damage to a wall owing to negligence in making excavations for drains Verdict for the plaintiff notwithstanding that the work was being done at the request of the plaintiff, he having waived his right to do it himself. (47 L. .L, Q. B., 148 : 42 J. P., 151.) 1824. [912] Hall v. Smith. Local Act Commissioners acting gratuitously held not individually liable for injury caused by the negligence of their work- men. (2 L. J., C. P., (o. s.), 113 : 9 Moo., 226 : 2 Bing., 156.) 1874. [913] Hammond v. St. Pancras Vestry. Overflow of a sewer vested in defendants Damage tj property Held that a public body is not liable for omissions to fulfil its duty unless negligence can be shown "When a Statute imposes a duty on a public body in terms by no means clear, such duty is not absolute, but reasonable care is implied. (43 L. J., C. P., 157 : L. R., 9 C. P., 316 : 30 L. T., 296.) 1892. [914] Hardcastte v. Bielby. " Highway Act, 1835," 56 Highway obstructed by stones left there at night unguarded Accident to horse and cart Action against Surveyor The stones had been put where they were by a Foreman unknown to the Surveyor Surveyor held not liable. (61 L. J., M. C., 101 : L. R., 1 Q. B., 709 : 66 L. T., 343 : 56 J. P., 549.) 1888. [915] Hording v. Barker. "Metropolis Management Act, 1855," 207 The owner of a van is not liable for accidental damage done by his driver to a street lamp. (Mctrop.) (53 J. P., 308.) 1802. [91GJ Hartncll v. Hyde Commissioners. "Towns Im- provement Clauses Act," 47 and 49 Non- repair of a Highway Commissioners held liable tu sin action at the suit of a person who had suffered damage The provisions of the " T. I. C. Act " herein differ from those of the "Public Health Act, 1848," 68. [Repealed, but re-enacted as regards this detail in the same words ; tec 149.] (33 L. J., Q. B., 39 : 4 B. & S., 361 : 8 L. T., 574.) 1891. [917] Hvndra v. CheJs'.n Watt-ncorks Co. ' Waterworks Clauses Act, 1817," 38 Old-fashioned fire-plug fixed in trunk of wood Accident to foot passenger Held that such a plug was not necessarily likely to bo the cause of accidents Judgment for defendants. (Times, Nov. 30, 1891.) 1868. [918] Hill v. New Hirer Co. Spouting up of water from a main, whereby plaintiffs horses were frightened and fell into an unfenced excava- tion in a highway made by a contractor for sewers Held that the water company and not the contractor was liable The misuse of the water main was the causa causans. (9 B. & S., 303 : 18 L. T., 355.) 1861. [919] * 11 nil i day v. St. Leonard's, Shoreditch, Vestry. (30 L. J., C. P., 361.) [Overruled by Mersey Dodis v. Gills Blackburn, J. ; in Foreman v. Canterbury.'] 1868. [920] Hyams \. Webster. Construction of Sewer Subsidence of soil of road Injury fo a horse Contractor held not liable, he having finished off the job and left it in proper con- dition. (38 L. J., Q. B., 21 : L. 11., 4 Q. B., 138 : 9 B. & S., 1016 : [In Court below, affirmed on appeal] 16 L. T., 118: 31 J. P., 439.) 1885. [921] Jones v. Liverpool, Mayor. Corporation water- cart used with hired horse and driver Accident Corporation held not liable for driver's negligence. (54 L. J., Q. B., 345 : L. R., 14 Q. B. D., 890: 49 J.P., 311.) 1881. [922] Kennett v. East London Water Co. Stand-pipe erected during frost Negligence in fixing whereby great quantities of water escaped on to surface of highway and froze Accident SKIT. M.'] 923 LIABILITY FOR ACCIDENTS, &c. 938 59 to plaintiff in crossing the highway Verdict for plaintiff; damages 200. (At Nisi Prim.) (Times, April 2, 1881.) 1882. [923] Kent v. Worthing L. B. Ground round water- valve in highway worn lower than top of valve Accident to horse Board held liable qua Water Authority for negligence in not repairing the road. Questioned in Moore v. Lambeth. (52 L. J., Q. B. D., 77 : L. R., 10 Q. B. D., 118 : 48 L. T., 362 : 47 J. P., 23.) 1812. [924] Leslie v. Pounds. Entrance to cellar from high- way left uncovered, whereby plaintiff fell into cellar and was hurt Landlord held liable for negligence of workpeople em- ployed by him to execute repairs to the house. (4 Taunt., 649.) 1874. [925] Letts v. Oldbury L. B, II. Alleged obstruction of highway with heaps of road material Accident to a vehicle Man killed Verdict for the defendants. (38 J. P., 203.) 1830. [926] Lloyd v. Wigney. Local Act requiring certain Actions to be brought within G months Injury to house by negligent construction o! sewer, to meet which, in part, the house was shored up by Local Authority Action brought more than 6 months after cracks commenced, but within G months of the shore standing Plaintiff nonsuited; the action was in respect of the cracks, and not of the shores, and the plaintiff was barred by time in respect of the cracks, they not being a " continuing damage," for the damage was the same at the end of the 6 months as at the beginning. (8 L. J., (0. s.), 161 : G Bing., 489 : 4 M. & P., 222.) I860. [927] Meek v. Wliitecliapel B. W. A Board held liab'e for a Sewer becoming choked, whereby it overflowed into the premises of the plaintiff. (2 F. & F., 144.) [See the observations of Brett, J., in Hammond v. St. Pancras.~] 1883. [928] Mellor v. Hey wood, Mayor. Accident by carriage being driven against an unlighted street lamp Action for damages held not main- tainable, there being no duty to light the lamp, only a power to do so. (48 J. P., 149.) 186G. [929] MI rfi-y Docks & Harbour Board v. Gibbs. A Corporation created by a Statute for certain purposes is liable for the negligent acts of its servants, though deriving no benefit from the execution of its powers. (35 L. J., Ex., 225 : L. R., 1 H. L., 93 : 14 L. T. 677.) 1886. [930] Moore v. Lambeth Water Co. Water Company held not liable for accident due to road being worn away round plug, plug itself being in good order Kent v. Worthing questioned. (55 L. J., Q. B., 304 : L. R., 17 Q. B. D., 462 : 55 L. T., 309 : 50 J. P., 756.) 1888. [931] Morgan v. Hart. Sign board blown down and plaintiff injured Held that there being no evidence of negligence in the erection and fastening of the sign board, plaintiff could not recover damages. (Times, Nov. 27, 1888.) 1882. [932] Murley v. Grove. Private road Accident 1o trespasser by falling into a hole Landowner held not liable to any person using the road without a license. (46 J. P., 360.) 1855. [933] Newton v. Ellis. "Public Health Act, 1848," 139 [= " Public Health Act, 1875," 264] Digging a Well Injury Negligence A Contractor to a Local Board held entitled to Notice of Action. (24 L. J., Q. B., 337 : 5 E. & B., 115 : 25 L. T., (o. s.), 140.) [But see Stringer v. Barker.] 1876. [934] Nichols v. Marsland. Overflow of reservoir owinij to an unprecedented flood held to bo an instance of vis major, for the injurious consequences of which the owner was not liable, all reasonable ordinary precautions having been taken. (46 L. J., Ex., 174 : L. R., 2 Ex. D., 1 : 35 L. T., 725 : 41 J. P., 500.) 1856. [935] Ogilvy v. Caledonian Railway Co. Indirect damage to property by public works Damage common to all the Queen's subjects is not a matter for which any individual legal remedy exists. (2 Macq., H. L. C., 229.) 1852. [936] Oi'erton v. Freeman. Contract for Paving Stones left in street by a sub-contractor Accident Held that the Action was not rightly brought against defendant (the head contractor.) (21 L. J., C. P., 52 : 11 C. B., 8G7: 18 L. T., (o. s.), 224.) 1853. [937] Peachey v. Rowland. If A. employs B. to do a lawful act, and B. in doing it commits a nuisance, A. is not liable Defendants con- tracted with one Ansell that he should fill in an opening in a highway made to permit a drain to be connected with a sewer The earth was left by Ansell heaped up so as to 1)0 a nuisance, and plaintiff in driving suffered hurt Held that defendants were not liable for Ansell's negligence. (22 L. J., C. P., 81 : 13 C. B., 182 : 20 L. T., (o. s.), 208.) 1875. [938] Pendlebury v. Greenhalgh. Partial obstruction of a highway during repairs Accident Defendant, the Surveyor of Highways, held liable Surveyor had only given the con- tractor part of the duty, and the duty of lighting and fencing by night remained with the Surveyor Taylor v. Greenhalgh distinguished. (45 L. J., Q. B., 3 : L. R., 1 Q. B. D., 36 : 33 L. T., 372 : 40 J. P., 36.) 60 PUBLIC HEALTH. 356 []?ART 1. 1878. [939] Pococlt v. Brighton, Mayor. Fracture of gas and water pipes in a street by the passage of a steam roller Accident Gas explosion Verdict for the plaintiff, on the ground that the street and the roller being alike under the management of the Corporation, they had the means of preventing a roller of dangerous weight being sent along the street, and failed to do so. (Times, March 11, 1878.) 18G7. [940] Poulsum v. Thirst. Construction of Sewer In- jury to house Contractor when sued held entitled to Notice of Action. (Metropolis.) (30 L. J., C. P., 225 : L. R., 2 C. P., 449 : 16 L. T., 324.) 1888. [911] Ramsden v. Lancashire A Yorkshire Hallway Co. Pump-house close to road Nuisance caused by noise and steam Accident to horse, the driver of which knew of the pump-house, and that it was dangerous to drive some horses past it Action held not maintainable, there being nothing to show negligence or breach of duty. (53 J. P., 183.) 1851. [942] Keg. v. Pococlt. Trustees under a Local Paving Act are not chargeable with manslaughter if one of their roads be out of repair and a person using it is accidentally killed in con- sequence, such a case not being one of per- sonal negligence. (17 Q. B., 34 : 17 L. T., (o. s.), 91.) 1880. [943] Etg. v. Ware Guardians. Sewer grating im- properly laid Injury to a horse Claim of compensation Mandamus to Board to pay compensation awarded by Arbitrator Held that the injury was not a matter for compen- sation at all, the facts disclosing neglect which was actionable, not a mischance aris- ing necessarily from carrying out statutory powers. (Times, March 15, 1880.) 1877. [944] Reid v. Darlington H. B. Wall of bridge out of repair repaired by Board's contractor Stones left by him in highway Accident to plaintiff' Held that there was no evidence of negli- gence against the Board's Surveyor. (41 J.P., 581.) 1889. [945] liochford v. Cheshunt L. S. Accident to horse caused by the unsafe state of a highway, in which the Board's contractor had recently constructed a sewer, and the surface not properly made good Judgment for plaintiff against the defendants, and then for the defendants against the contractor as third party. (Times, Nov. 20, 1889.) 1860. [946] Jlowell v. Hartlepool B. II. Accident at a Sewer Man killed Mandamus granted to li j vy a Rate to provide compensation to widow (34 Law Times Newspaper, 232.) 1858. [947] Buck v. Williams. Negligent construction of a Sewer Damage to property Paving Com- missioners under Local Act held liable, great negligence being proved. (27 L. J., Ex., 357 : 3 H. & N., 308 : 31 L. T., (o. 8.), 167.) 1882. [948] Scott v. Huddersfield Corporation. Corporation held liable for accident to horse passing along a road newly asphalted, and therefore unusually slippery. (Times, Dec. 7, 1882.) 1857. [949] Scott v. Manchester, Mayor. Laying of Gas Pipes Accident Compensation held payable, a Corporation being liable for the negligence of its workmen. (26 L. J., Ex., 132 and 406: 2 H. & N., ?04 : 29 L. T., (o. s.), 233.) 1888. [950] Silverton v. Marriott. Two adjacent properties laid out for building Roads over each in same line barred by lawful boundary wall Wall gradually pulled down by trespassers, so that only stump left Owner of wall held liable for accident to horse, the driver of which, supposing the two roads to be one, drove at and over the stump of wall. (59 L.T., 61: 52 J. P., 677.) 1891. [951] Smith v. Bailey. Owner of traction engine let on hire for 3 months held not liable for accident caused by hirer's negligence. (60 L. J., Q. B., 779: L. R., 2 Q. B., 403 : 56 J. P., 116.) 1834. [952] Smith, v. Birmingham & Staffordshire Gas-light Co. A Corporation is liable for the tortious act of its agent, though not appointed by seal, if such act be an ordinary service If the Corporation adopt the act, a jury may infer agency. (1 A. & E., 526 : 3 N. & M., 771.) 1878. [953] Smith v. West Derby L. B. Sewers laid along a road by the Contractor of a Board Subse- quent subsidence of the road Accident to a vehicle Held that the Board was liable for the negligent restoration of the road in its joint capacity as Highway Aiithority and Sewer Authority What particulars in a statutory Notice of Action arc sufficient. (47 L. J., C. P., 607 : L. R., 3 C. P. D., 423 : 38 L. T., 716 : 42 J. P., 615.) 1881. [954] Southard v. Eton Urban Authority. Accident to a horse througli falling into a hole in a road caused by sinkage of surface into a cavity Cavity apparently connected with a drain Verdict for plaintiff. (Times, June 23, 1881.) 1891. [1)55] Steel v. Dartford L. B. Road opened by C. for a drain connection to be made in pursuance of notice served by the Board Trench im- perfectly made good Accident to plaintiff's cart Board held not liable as the Sewer Au- thority, C. not being their agent ; nor as tho Highway Authority, an action not lying for non-repair of a highway. (60 L. J., Q. B., 256.) 1879. [956] Stringer v. Barker. " Public Health Act, 1875," SECT. 46.] 957 LIABILITY FOB ACCIDENTS, &c. 972 Gl 264 Sewer constructed by contractor Accident to horse Contractor held not entitled to Notice of Action because not an officer or person acting in his aid The enactment in question is narrower in its tenour than the corresponding enactment in the "Public Health Act, 1818." (W. N., 1879, p. 127.) 1889. [957] Strute v. Southward Water Co. Stop-cock box over a communication pipe negligently left open by consumer, and therefore plaintiff injured New trial ordered, as there was evidence of negligence on the part of the defendants. (53 J. P., 424.) 1815. [958] Sutton v. Clarke. Persons who execute public functions without pay, and act to the best of their judgment, and without malice, are not liable for consequential damage. (6 Taunt., 29 : 1 Marsh., 429.) 1876. [959] Tarry v. Asliton. Fall of a lamp projecting over a footway and injury to a passer-by Held that it was the duty of the owner to keep it in repair, and that he was liable to anybody suffering hurt in consequence of its non- repair. (45 L. J., Q. R, 260 : L. K., 1 Q. B. D., 314 : 34 L. T., 97.) 1874. [960] Taylor v. Greenhalgh. "Highway Act, 1835," 56 Highway Negligence by a contractor in carrying out repairs Held that no Action lay against Surveyor. (43 L. J., Q. B., 168 : L. R., 9 Q. B., 487 : 31 L. T., 184 : 38 J. P., 599.) 1860. [961] Todd v. Fliyltt. An Action lies against the owner of premises who lets them on lease when in a dangerous condition, and permits them to remain so until by reason of the want of repair they fall and injure the pro- perty of an adjoining owner. (30 L. J., C. P., 21 : 9 C. B., (N. s.), 377.) 1888. [962] Tucker v. Axbridge H. 13. Heap of stones negli- gently left projecting on to a highway Accident and death Action under " Lord Campbell's Act " held maintainable, although the party who actually was guilty of negli- gence was a contractor under the defendants. (53 J. P., 87.) 1884. [963] Wackerbath v. St. Giles's B. W. and Mowlem. Accident caused by Steam Roller Liability of Board or Contractor Verdict for Plaintiff New Trial granted on points of evidence. (Times, June 21, 1883.) 1857. [964] Ward v. Lee. Metropolitan Commissioners of Sewers Contractors held not personally liable for damage done by them in executing works ; the liability, if any, was on the Commissioners as a body Expenses of de- fending action. (26 L. J., Q. B., 142 : 7 E. & B., 426 : 28 L. T., (o. 8.), 355.) 1864. [965] West Riding & Grimsby Railway Co. v. Wakefield L. B. H. " Railway Clauses Consolidation Act, 1845," 58 Damage to Road by the carts of a Railway Contractor Held that the Justices had power to make an Order on the Company which employed the Contractor. (33 L. J., M. C., 174 : 5 B. & S., 478.) 1875. [966] White v. Eindley L. B. Street grating out of repair Accident to a horse Board held liable, it being a case of non-repair of sewer, not non-repair of highway. (44 L. J., Q. B., 114: L. R., 10 Q. B., 219: 32 L. T.. 460: [TF. v. Wigan] 39 J. P., 533.) 1857. [967] Whitthouse v. Birmingham Canal Co. An action for injury arising out of the ordinary user of works constructed under an Act of Parlia- ment must be founded on negligence. (27 L. J , Ex., 25 : 30 L. T., (o. s.), 156.) 1861. [968] Whitehouse v. Felloics. " General Turnpike Act, 1822," 147 Negligent formation of a drain by the side of a road Trustees held liable for consequential damage though they had acted bond fide Where a Statute limits a time for Actions such time runs from the act done, unless there be a continuing trespass or a consequential injury, in which latter cases the time runs only from the cessation of the trespass, or the happening of the injury. (30 L. J., C. P., 305: 10 C. B., (N. s.), 765 : 4 L. T., 177.) 1877. [969] Wldteley v. Pepper. Negligent opening of a coal -plate in a highway Ace dent De- fendant, the coal merchant, held liable for the negligence of his carman. (46 L. J., Q. B., 436: L. R., 2 Q. B. D., 276: 36 L. T., 588.) 1868. [970] Whitman v. Pearson. Contractor under a Board Accident owing to horse being luft un- attended and running away with a cart during driver's dinner-hour, driver having also disobeyed orders in driving home for his dinner Master held liable, nevertheless Notice of Action not required. (Metropolis ) (37 L. J., C. P., 156 : L. R., 3 C. P., 422 : 18 L. T., 290.) 1872. [9711 Winch v. Conservators of the Thames. Negligence Towing-path out of repair Accident to horees Defendants held liable. (41 L J , C. P., 241 : L. R., 7 C. P., 458 : 27 L. T., 95.) 1891. [972] Woodall \. Nuttall. " Towns Improvement Clauses Act, 1847," 79 Hoarding erected so as to duly protect an excavation but rather too near to the rails of a tramway Tramway passenger injured by contact with hoarding Defendant who had erected the hoarding held not liable ; no duty lay on him to block more of the street than was necessary for his own purposes. (56 J. P., 150.) 973 PUBLIC HEALTH. 988 [PART I. 47. LIBEL. 1842. [973] A.-G. v. Compton. To pay out of the Poor Rate the Law expenses of a medical officer of a Board of Guardians who had been libelled held to be a broach of trust. (1 Younge & Coll., Ch., 417.) 1881. [974] lialdry v. Fletcher. Action of Libel by an assistant overseer Libel contained in letter from one ratepayer to another, imputing to plaintiff long habit of mismanaging accounts Defence : (1) No Libel, (2) Privilege, (3) No Malice Verdict in favour of plaintiff held good by Divisional Court, and after- wards by the Court of Appeal. (MS.) 1877. [97.")] Huviland, Exparte. Alleged libel on a Poor Law Medical Officer Whereupon a corre- spondence between the parlies Eule for a Criminal Information refused Per Cock- burn, C. J. : " If a party chooses, instead of coming direct to this Court, to enter into a correspondence, and receive explanation?, it is not usual for this Court to give leave to file a Criminal Information.'' (41 J. P., 789.) 1879. [976] Keight v. Ilill. Complaint iu writing to Guardians by the defend int, their Clerk, that the plaintiff, an assistant clerk, had neglected his duty Whereupon plaintiff dismissed Action of slander Held that the complaint made by the defendant was a privileged communication if he was acting in the course of his duty, and without malice. (43 J. P., 176.) 1890. [977] Manchester, Mayor v. Williams. A Municipal Corporation c.nmot sustain an action for libel in respect of a letter charging the Corporation with corruption It is only individuals and not a Corporation in its corporate capacity that can be guilty of such an offence. (60 L. J., Q. B., 23 : L. E , 1 Q. B., 94 : 63 L. T., 805 : 54 J. P., 712.) 1862. [978] Popham v. Ficlclnrn. Action for Libel A news- paper in giving an account of a Vestry Meeting at which there is read a Medical (Jiiicer's II port containing libellous matter, is not justified in reprinting such Report. (31 L. J., E c., 133 : 7 H. & N., 891 : 5 L. T., 846.) [Bui sec now 41 & 45 Viet., c. 60.] 1877. [979] Parcell v. Soiclcr. Action by Medical Officer of a Union against a newspaper for libel, the libel being a report of a meeting of Guardians where libellous words were spoken Action held maintainable, euch report not being privileged. (46 L. J., C. P. D., 308 : L. E., 2 C. P. D., 215 : 36 L. T., 416 , 4) J. P., 189.) [But see now 44 & 45 Viet., c. 60.] 1881. [980] Reg. v. Farrant. Letter published by dismissed Medical Officer of Health imputing "indi- vidual and collective immorality, commercial and otherwise," to the Town Council, his former employers Defendant pleading " Guilty " to a Criminal Information was fined 100. (In the Q. B. D., June, 1881. MS.) 48. LICENSES. 1872. [981] Antony v. Brecon Markets Co. " Towns Improve- ment Clauses Act," 125 and 129 Inter- pretation of Statutes A consent to erect a slaughter-house held to carry with it a license to use it when erected Local Act. (41 L. J., Ex., 201 : L. E., 7 Ex., 399 : 26 L. T., 979.) 1887. [982] 13lake v. Kelly. "Public Health Act, 1875," 88 Registered lodging-house kept as a disorderly house Whereupon Local Au- thority withdrew license Held that there was no power to withdraw a license except on some one or more of the grounds specified in the Statute. (52 J. P., 263.) 1890. [983] Booth v. Fen-ett. Night llefuge and Lodging- house supported by charitable subscriptions Held that the Magistrate was wrong in treating such an establishment as liable to registration &c. under the " Common Lodging- houses Acts," 14 & 15 Viet., c. 28; and 16 & 17 Viet., c. 41, it not being carried on for profit. (59 L. J., M. C., 136: L. E., 25 Q. B. D., 87 : 63 L. T., 346 : 55 J. P., 7.) 1867. [984] JSriyhton L. B. II. v. Stenning. Extent of a slaughter-house License Alteration of premises Held on the facts that the License as granted was sufficiently extensive to authorise the premises being used as they were used after the alterations. (15 L. T., 567.) 1884. [985] Coles v. Fibbens. Eesolution passed to license common lodging-house not acted upon by Local Board Clerk Summons for keeping unlicensed house Decision of Magistrates not to convict, upheld Defendant held entitled to consider himself licensed although no license had been issued. (52 L. T., 358 : 49 J. P., 308.) 1876. [986] Hanman v. Adkins. Licensed slaughter-house pulled down and rebuilt Held that a new license was not necessary. (40 J. P., 744.) 1862. [987] Uowarth v. Manchester, Mayor. Local Act Slaughter-house License A resolution of a committee communicated to an applicant operated as a license. (6 L. T., 683.) 1867. [988] Liverpool Neic Cattle Market Co. v. llodson. "Public Health Act, 1848," 64 [=" Public Health Act, 1875," 1 12-1 3J "Newly establishing " the business of slaughtering Cattle Conviction affirmed, the company allowing its premises to be used by others, SECT. 49.] 989 "LIGHTING ACT, 1833." 1001 63 though not using them by its own servants. (36 L. J , M. C., 30 : L. K., 2 Q. B., 131 : 8 13. & S., 1S4 : 15 L. T., 534 ) 1889. [989] Opcmhaic v. Oakeley. "Hawkers Act, 1888," Local Act General Act held not to dispense with the duty of a hawker to take out a license under the Local Act. (60 L. T., 927 : 53 J. P., 741.) 1S66. [990] Hey. v. IL-i/icortli. " Towns Improvement Clauses Act, 1847," 120 A slaughter-house license ; applies to a place ; not to a person A person who pays the owner for leave to use an un- licensed place cannot himself be convicted. (14 L. T., 000 : 30 J. P., 423.) 49. "LIGHTING ACT, 1833." 1812. [991] Beechey v. Quentery. " Lighting Act, 1833," 9 and 18 A Majority of Two-Thirds is re- quired under 9 at the original meeting to determine on the adoption of the Act But when the Act has been duly adopted a bare majority (either in Vestry or on a Pull) suffices to determine the amount to be raised Semble, that the Parish being bound for 3 years by the adoption of the Act, the amount voted must not be merely nominal. (11 L. J., Ex., 420 : 10 M. & W., 65.) 1849. [992] Eijnsham Ratepayers, In re. "Lighting Act, 1833," 7 Where a Statute requires a defi- nite proportion of those present, to render valid an act, there must be the specified pro- portion of those present voting : (hose who, being present, refuse to take any part cannot in such a case as this be deemed absent. (18 L. J., Q. B., 210 : 12 Q. B , 398, u. : New Sess. Cas., 507.) 1859. [993] Peto v. Wi-.i the subject of prohibition. (18 L. R., Ir., 509.) 1881. [1015] Eeg. v. Chesliu.it L. B. Default of Board for several years to provide suwer.ige Mandamus issued at instance of Local Government Board under "Public Health Act, 1875," 299. (Times, Ja:i. 22, 188 1.) 1871. [1016] Reg. v. Cockerell. " Sanitary Act, 1866," 49 [ = " Public Health Act, 1875," 299] Default of Sewer Authority Order of Secre- tary of State held valid. (40 L. J., M. C., 153: L. 11., 6 Q. B., 252.) 1876. [1017] Eeg. v. Lincoln Corporation. "Public Health Act, 1875," 299 Neglect to execute Order of Local Government Board as to drainage works Mandamus granted against Corpora- tion. (Timss, Feb. 23, 1876.) 1873. [1018] Eeg. v. Local Government Board. (1). Local Act Salaried Solicitor Right to compensation SECT. 51.] 1019 MARKETS 1035 65 on abolition of office, (43 L. J., Q. B., 49 : L. K., 9 Q. B., 148 : 29 L. T., 769 : 38 J. P., 1(35.) 1878. [1019] Ei'(j. v. Local Government Board (2). Default of Sanitary Authority to provide Sewerage Refusal of Local Government Board to issue an Order under the " Public Health Act, 1875," 299 Proceedings at the instance of an adjoining Authority prejudiced by the default alike of the Local and of the Central Authority Mandamus refused, the Court being unwilling to interfere, without strong cause, with the discretion of the Local Governraent Bonrd. (In the Q. B. D., March 4, 1878. MS.) 1882. [1020] lleg. v. Local Government Board & Taylor. " Public Health Act, 1875," 150, 257, and 2G8 Paving expenses Apportionment Notice of demand Decision by Local Autho- rity Appeal by Party aggrieved Time for appeal Memorial to Local Government Board Grounds of Appeal Prohibition held not to lie, under the circumstances Semble that it would, where Local Govern- ment Board was exceeding its powers. (52 L. J., M. C., 4 : L. E., 10 Q. B. D., 309 : 48 L. T., 173 : 47 J. P., 228.) 1878. [1021] Rig. v. Local Government Board, Ireland. " Towns Improvement Act, 1 854 " An Order constituting a District may be quashed by d-rtiorari if it appears that the District ought not to have been constituted because not fulling within the Statute. (2 L. It., Ir., 31G : 26 W. E, Dig., 242.) IS5J7. [1022] Keg. v. Poor Law Commissioners. Powers of the Commissioners [now Local Government Board] An Order held invalid. (6 A. & E., 1 : 6 L. J., K. B., 41.) 1851. [1023] lieg. v. Robinson. An Order of the Poor Law Commissioners [now Local Government Board] may be qunshed in part on Certiorari if the parts are sufficiently divisible. (17 Q. B., 4G6.) 1875. [1024] lij. v. Walker. " Eppiug Forest Act, 1872" Waste by digging marl and clay, &c. Order issued by Commissioners acting under Statute Disobedience Held that the de- fendant by disobeying an Order duly made was guilty of a misdemeanour. (L. E., 10 Q. B., 355 : 33 L. T., 167.) [1025] In ><'. "Poor Law Amendment Act, 1834," 48 Poor Law Commissioners may remove a Believing Officer at their discre- tion, without giving him notice, or hearing him Where there is a discretionary power to remove, they may remove without assign- ing grounds, or calling on. the party to defend himself Ttffj. v. Darlington School (6 Q. B., 682) followed. (19 L. J., M. C., 70 : 1 L. M. & P., 7.) 1864. [1026] Wallington v. Willes. ."Public Health Act, 1848," 69 and 129 : " Local Government Act, 1858," 62, 65, and 81 [ = "Public Health Act, 1871," 150, 251, 257, 294-5] Paving expenses Appeal to the Secretary of State The adjudication of the Secretary of State may cover both claim and interest. [Wallingford v. W.'] (33 L. J., M. C., 233 : 16 C. B., (N. s.), 797 : 10 L. T., 784.) 51. MABKETS. 1889. t [1027] Abergavenny Improvement Commissioners v. StraJter. " Markets and Fairs Clauses Act, 1847," 13 : Local Act Extension of ex- emptions from liability for infringement of first-named Act Interpretation of Statutes. (58L.J.,Ch.,717: 60L.T.,756: 53 J. P., 421.) 1869. [1028] Ashworth v. Hey worth. "Markets and Fairs Clauses Act, 1847," 13 " Dwelling-place or shop" Infringement of Market Ques- tion of fact. (38 L. J., M. C., 91 : L. E., 4 Q. B., 316 : 10 B. & S., 309 : 20 L. T., 439 : 33 J. P., 565.) 1863. [1029] A.-G. v. Aberavon Corporation. Powers of a Corporation as to letting on lease its Market rights. (3 De G. J. & Sm., 637 : 2 N. E., 564 : 9 L. T., 187.) 1873. [1030] A.-G. v. Cambridge, Mayor. Local Act Held that under powers to " enlarge and improve " a market it might be extended to streets not actually forming parts of its original sides. (L. E., 6 H. L., 303.) 1884, [1031] A.-G. v. Homer. Interpretation of a Charter granted in 1683 Question as to extent of area to which Charter applied. (55 L. J., Q. B., 193: L. E., 14 Q. B. D., 245: 54 L. T., 281 : 50 J. P., 564.) 1882. [1032] A.-G. v. Norwich Corporation. Application for an Injunction to restrain Corporation from letting a part of its Market land as a site for an Agricultural Hall, refused, it not being shown that the proposal was objectionable. (Times, May 22, 1882.) 1869. [1033] Black v. Sackett. Local Act Tolls duly paid by wholesale dealer Ee-sale in a street held to be an infringement of Market. (10 B. & S , 639 : 33 J. P., 420.) 1858. [1034] Bourne v. Lowndes. " Markets and Fairs Clauses Act, 1847," 13 Infringement of Market- Sale outside Market limits of an article chargeable, but delivery within Conviction quashed. (31 L. T. (o. s.), 114 : 22 J. P., 354.) 1802. [1035] Brecon, Mayor v. Edwards. Evidence of the sale by sample in a Shop near a Corn Market of Corn on a Market Day is not per se evidence of an infringement of the Market. (31 L. J. , Ex., 368 : 1 H. & C., 51 : 6 L. T., 293.) F 66 1030 PUBLIC HEALTH. 1051 [PAET I. 1839. [1036] Bridglind v. SJiapter. An owner of sheep having taken them to a public-house within 40 yards of a market went into the market in search of customers ; finding some he took them back to the public-house and there sold the sheep to them Held that this was a frauc upon the market. (5 M. & W., 375.) 1870. [1037] Carter v. Parhhouse. Local Act Market Tolls Selling goods without paying the toll is an offence which cannot be condoned by a subsequent payment, and Justices shoult have convicted. (22 L. T., 788 : 34 J. P., 438.) 1876. [1038] Collier v. Worth. Local Act Sale in a part of a town not built when the Act was passed Held nevertheless, that a prohibition against selling in a town applied to the town as extended in course of time. (L. E., 1 Ex. D., 464 : 40 J. P., 808 : [C. v. North] 35 L. T., 345.) 1836. [1039] De Rutzen v. Lloyd. Infringement of Market A market may be moved without loss of ex- clusive rights, for it is not a necessary legal inference that an immemorial market within a manor is limited to any particular place. (5 L. J., K. B., 202 : 5 A. & E., 456 : 6 N. & M., 764.) 1869. [1040] Dorchester, Mayor v. Ensor. Disturbance of Market A Corporation does not forfeit its ancient right of Market merely by moving the Market to a new site in the new part of the Borough when an extension of the muni- cipal boundaries takes place. (39 L. J., Ex., 11: L. R., 4 Ex., 335: 21 L. T., 115: 34 J. P., 167.) 1861. [1041] Draper v. Spcrring. " Nuisances Removal Act, 1855," 12 [ = " Public Health Act, 1875," 95] Owner of a Market held liable for a Nuisance arising from sheep droppings. (30 L. J., M. C., 225: 10 C. B., (N.S.), 113: 4 L. T., 365.) 1885. [1012] East Ret ford, Mayor v. Williams. Injunction granted to restrain sale of dead meat in Market leased by defendant, but not intended for sale of such meat. {Times, March 21, 1885.) 1880. [1043] Edinburgh Magistrates \. Blaclde. Held that where a Market legally existed under an Act of Parliament the public could not be ex- cluded from a covered portion during market hours in order that such portion might be used for other than market purposes. (L. R., 11 App. Gas., 665.) 1858. Elias v. Nightingale. [1044] Markets and Fairs Clauses Act," 19: Local Act Held that to slaughter cattle on private premises, unless for sale as human food, is no offence \ within' the Act Definition of " slaughter- i house." (27 L. J., M. C., 151 : 8 E. & B , 698 : 30 L. T., (o. s.), 285.) 1861. [1045] Ellis v. Bridgenorth Corporation. A Corporation which owns a Market may at Common Law move the same, but if it sets up a new Market under the "Local Government Act, 1858," 50 [=" Public Health Act, 1875," 166], it must abide by the restrictions of that Act A right of Stallage must be decided at Law before an Injunction will be granted to restrain an interference therewith, the right not being admitted. (2 Johns. & H., 67 : 4 L. T., 112.) 1863. [1046] Ellis v. Sridgenorth, Mai/or. Disturbance of Market Removal held to be illegal having regard to the proviso in the " Local Govern- ment Act, 1858," 50 Judgment for the plaintiff. (32 L. J., C. P., 273 : 15 C. B., (N.S.), 52: 8L. T.,668.) 1879. [1047] Elu-es v. Payne. Exclusive market rights vested in plaintiff and predecessors in title for 150 years and longer Interlocutory Injunction to restrain proposed weekly sales by auction in same place, but on a different day, refused on the ground of the difficulty in ascertaining the compensation to which defendant would be entitled if successful at the trial ; but defendant to keep an account of his sales till the trial of the Action. (48 L. J., Ch., 831 : 41 L. T., 118: L. R., 12 Ch. D., 468.) 1877. [1048] Exeter, Mayor v. Heaman. Local Market Act Infringement of market Carcases delivered at purchaser's door, and then and there weighed and paid for Plea, that this trans- action was in fulfilment of a contract entered into on a previous day Summons therefore dismissed by Justices Held that, as these facts showed a distinct breach of the Local Act, the Justices ought to have amended the date of the summons and have convicted. (37 L. T., 534 : 42 J. P., 503.) 1872. [1049] Fearon v. Mitchell. " Markets and Fairs Clauses Act, 1847," 13 "Own dwelling-place or shop " within the limits of a Market A large Agricultural Hall not such Setting up a business with the sanction of a Local Board confers no " right, power, or privilege," within the " Local Government Act, 1858," 50. (41 L. J., M. C., 170 : L. R., 1 Q. B., 690 : 27 L. T., 33 : 36 J. P., 804.) 1858. [1050] Fox v. Palmer. Loral Act "Towns Police Clauses Act, 1817," 21 Market Obslruc- tioii caused by exposing horses for sale in a street. (22 J. P., 449.) 1883. [1031] Great Eastern Railway Co. v. Goldtmid. Market established by Railway Co. in connection with a Goods Station, held an infringement of Plaintiff's Market under Royal Letters Patent. (54 L. J., Ch., 162: L. R., 9 App. Cas., 927 : 52 L. T., 270: 49 J. P., 260.) SECT. 51." 1052 MARKETS. 1071 67 1812. [1052] Hill v. Smith. Sale by sample Where sample are brought into a market tolls cannot 1 levied on bulk which is not brought in. ( Taunt., 520.) 1877. [1053] Hooper v. Kenshole. " Markets and Fairs Clause Act, 1847," 13: Local Act Infringcmen of market by sale in covered skittle-ground Held that such a place was not a " shop, and that the defendant ought to have bee convicted. (16 L. J., M. C., 1GO: L. R., Q. B. D., 127 : 36 L. T., Ill: 41J. P., 182. 1885. [1054] Homer v. Wliitcchapel B. W. Approaches to a Market Interference with Market Right by erection of posts. (55 L. J., Ch., 298 : 5; L. T., 842.) 1875. [1055] Howard v. Litpton. " Markets and Fairs Cliuses Act, 1847," 13: "Pedlars Act, 1871," 6 Held that a licensee under the second Ac was exempt from penalties under the firs Act. (44 L. J., M. C., 150 : L. R., 10 Q. B. 598: 40 J. P., 7.) 1877. [105G] v. Treuo. "Markets and Fairs Clnuses Act, 1847," 19: Local Act Slaughter- houses Consent of Local Authority how to be signified Copy of a minute sent appended to a letter by the Clerk held to convey a valid consent Consent to one site particu- larly named, held not to cover another site to which the slaughter-houses had been removed Summons for infringement of exclusive rights held properly dUmusctl. (36 L. T., SSii : 41J. P., 453.) 1878. [1057] Lax v. Darlington Corporation. Plaintiff a stall- holder in Corporation Market Iron railing there dangerous to restive cattle Accident to cow Judgment for the Plaintiff, on the ground that a market is a place to which the public are invited, and which therefore must be kept in a reasonably safe condition. (49 L. J., Q. B., 105 : L. R., 5 Ex. D., 28 : 41 L. T., 489: 44 J. P., 312.) 18GO. [1058] lAamlnff A Canton District Market Co. v. Lyndon. Local Act Infringement of Market A horse is an " article." (30 L. J., M. C., 105 : 80. B., (N. s.), 515: 2 L. T., 771.) 1890. [1059] Loftos v. Glcave. Local Act Hat-guards held not tollable articles and Corporation license not necessary. (54 J. 1'., 401.) 1890. [1060] Isiftos v. Iliggins. Loral Act Ila \\Ler silling fish from a cart held not required to take out a Corporation license for the sale of a tollable article out of market. (54 J. P., 404.) 1879. [1061] London, Mayor v. Loin. Ancient Market New Market Disturbance Smithficld Market removed under Parliamentary authority, but all privileges preserved Held on the facts proved that the defendant's system of sales was an infringement of the plaintiff's rights (49 L. J., Q. B. D., 144 : 42 L. T., 16.) 1882. [1062] Manchester, Mayor v. Lyons. Market established by Statute Old Market rights thereby extinguished Sale of fish, &c., in shop not an Infringement of Market. (L. R., 22 Ch. D., 287 : 47 L. T., 677.) 1875. [1063] Me Hole v. Davies. Local Act incorporating " Markets and Fairs Clauses Act," 1847, 13 Infringement of market Held that, for the purposes of the Act, a yard adjoining a dwelling-house was not included under " dwelling - place or shop " Conviction affirmed. (45 L. J., M. C., 30 : L. R., 1 Q. B. D., 59 : 33 L. T., 502 : 40 J. P., 548.) 1889. [1064] Mclntosh v. Eomford L. B. " Market and Fairs (Weighing of Cattle) Act, 1887," 4 Plain- tiffs, the Market Authority, held not only entitled, but bound to provide a weighing machine, even at the risk of interfering with the highway vested in the Defendant Board. (61 L. T., 185.) 1875. [1065] Morgan v. Kinqdon. Local Act Market Alleged infringement Held that gingerade was not a " marketable commodity," within the meaning of the Act. (39 J. P., 471.) 1877. [1066] Neu-tonards Commissioners v. Woods. " Markets and Fairs Clauses Act, 1847," 13 A sale of goods on Market day within " prescribed limits " is not within the Statute unless the bulk of the goods sold is at time of the sale, also substantially within said limits. (11 L. R., Ir., 506.) 1746. [1067] Northampton, Mayor v. Ward. Erecting a stall in a market is not of common right, and Trespass is the proper remedy for so doing. (2 Stra., 1238.) 1878. [1068] 'enryn, Mayor v. Best. Alleged right of a Cor- poration to levy on market days a toll or stallage, not only on inhabitants who sell in market, but on those who sell in their shops Verdict for plaintiffs held good there being ample evidence of the prescriptive right claimed. (48 L. J., Ex., 103 : L..R., 3 Ex. D., 292 : 38 L. T., 805 : 42 J. P., 629.) 1873. [1069] Berlins v. Arber. Local Market Act Infringe- ment of Market by selling pigs in the yard of an Inn not belonging to the Vendor Conviction affirmed. (37 J. P., 406.) 1865. [1070] 'ope v. Wliattey. "Markets and Fairs Clauses Act, 1847," 13 Points to be taken into consideration in order to determine whether a place is a person's " own shop." (34 L. J., M. C., 76 : 6 B. & S., 303 : 11 L. T., 769 : 29 J. P., 134.) 1837. [1071] >,x v. Starl;ey. Right of Market on a Highway Town market removed to a new site Re- F 2 68 1072 PUBLIC HEALTH. 1088 [PART I. moval held improper on the ground that the rights enjoyed by the public on the new bite were less than those on the old Old site on the King's Highway held still available for a lawful market. (6 L. J., K. B., 202 : 7 A & E., 95.) 1884. [1072] Shepherd v. Folland. Infringement of market Potatoes held ejusdem generis with " corn grain, meat, fish, poultry, or other provisions.' (49 J. P., 1G5.) 1891. [1073] Spurling \. Bantoft. " Markets and Fairs Clauses Act, 1847," 13 : " Public Health Act, 1875,' 166 A cattle salesman leased land of a Corporation Afterwards the Corporation established a public market Held that the lessee had thereby lost his right to sell cattle unless he paid toll. (L. R., 2 Q. B., 384 : 65 L. T., 584 : 56 J. P., 133.) 1872. [1074] Swindon Market Co. v. Panting. Market held under Royal Letters Patent in open street Claim of stallage held not maintainable. (27 L. T., 578.) 1841. [1075] Thompson v. Gibson. Action for continuing a nuisance to the plaintiff's Market by a build- ing which excluded the public from a part of the space on which the Market was law- fully held Held that the defendants were liable for continuing the nuisance although they had no right to enter on the land to remove it Action therefore maintainable. (10 L. J., Ex., 330; 7 M. & W., 456.) 1883. [1076] Torquay Market Co. v. Burridge. Local Act Person living and selling outside Market limits for delivery inside, held guilty of In- fringement of Market. (48 J. P., 71.) 1875. [1077] Webber v. Adams. Local Act Corn sold at an office, but not brought within Ihe market limits, held not liable to toll. (Irish.) (11 L. R., Ir., 304.) 1821. [1078] Wells v. Miles. There can be no toll for goods not actually brought into market. (4 B. & Aid., 559.) 1801. [1079] Wiltshire v. Baiter. " Markets and Fairs Clauses Act, 1847 : " Local Act Exemption in favour of a "Dwelling-house, or shop attached to any dwelling-house" Held that a Vessel in a canal, moored to a wharf, was not a "Shop." (31 L. J., M. C., 10 (n.): 11 C. B., (N. s.), 237 : 5 L. T., 355.) 1861. [1080] Wiltshire v. Willett. " Markets and Fairs Clauses Act, 1847 " Local Act Exemption in favour of a " Dwelling-house or shop attached to any dwelling-house" Held that a sale (even by auction) in a shop was lawful, although the dwelling-house to which the shop was attached did not belong to the seller. (31 L. J., M. C., 8 : 11 C. B., (N. s.), 240 : 5 L. T., 355 : 26 J. P., 312.) 1869. [1081] Worthy v. Nottingham L. B. "Markets and Fairs Clauses Act, 1847," 42: "Local Government Act, 1858,'.' 50 [ = " Public Health Act, 1875," 1G6.] Removal of part of a Market to another locality held legal By-Law unduly restrictive held invalid. (21 L. T., 582 : 33 J. P., 800.) 1862. [1082] Yarmouth, Mayor v. Groom. Market Stallage held payable on a wicker basket, which, having a lid was convertible into a sort of table Any erection designed to facilitate the sale of goods is a " stall ; " whether it be fixed or not is immaterial. (32 L. J., Ex., 74 : 1 H. & C., 102 : 7 L T., 161.) 52. MINUTE BOOK. 1871. [1083] A.-G. v. Whitwood L. B. A Minute Book or- dered to be produced for the inspection of the Agent of a plaintiff. (40 L. J., Cli., 592 : 19 W. R., 1107.) 1853. [1084] Taylor v. Addyman. Account Books &c. wrong- fully detained A County Court has juris- diction under the " County Court Acts," in Actions of Detinue. (22 L. J., C. P., 94 : 13 C. B , 309.) 53. MORTGAGE. 1840. [1085] A.-G. v. Daniel. Moneys raised by different classes of Rates mixed into a general fund Proposal of Vestry to borrow for the pur- poses of one Rate and mortgage as security other Rates Injunction granted. (9 L. J., Ch., 394.) 18S8. [1086] De Winton v. Brecon, Mayor. Local Act Power to mortgage land does not extend to surplus land whi n surplus land has been directed by Statute to be sold Power to borrow on de- bentures Default in payment of interest Appointment of Receiver. (28 L. J., Ch., 598 : 26 Bea., 533 : 33 L. T., (o. s.), 296.) 1876. [1087] Derby Municipal Estates, In re. " Lands Clauses Act, 1845," 69: "Baths and Washhouses Act, 1847," 21 Circumstances under which moneys received by a Municipal Corporation for sale of lands may be used to redeem mortgages. (L. R., 3 Ch. D., 289 : 24 W. R., 729.) 1883. [1088] Ford v. Honiton Corporation. Local Act : "Public Health Act, 1875," 207, 210, 227 Priority secured to Mortgagees of Rates Held that the effect of the last- named sections was that if the Funds raised under the Local Act were insufficient for the sanitary purposes of the Corporation, SECT. 54.] 1089 NOTICES. 1103 69 the Local Act might be disregarded and any funds really necessary raised. (5 Municip. Corp. Assoc. Month. Circular, 161.) 1858. [1089] Payne v. Brecon, Mayor. Though a mortgage to secure money advanced to a Municipal Corporation may be void, yet a covenant therein to pay is good. (27 L. J., Ex., 495 : 3 H. & N., 572 : 31 L. T., (o. 8.), 328.) 188i3. [1090] Eochdale Building Society v. Rochdale Corpora- tion. Local Act Definition of " owner "- Private Improvement Rate made on an owner at a time when the Property was mortgaged 6 years afterwards mortgagees took possession after death of owner 3 years afterwards Distress Warrant issued Held that as Mortgagees were neither owners nor in possession when the Kate was made Justices had no power to issue War- rant Warrant moreover void because not issued within 6 months of Rate being pay- able as required by "Jervis's Act." (51 J. P., 134.) 54. NOTICES. 1868*. [1091] Amys v. Creed. (38 L. J., M. C., 22.) 1864. [1092] Bayley v. Wilkinson. "Public Health Act, 1848," 69 [=" Public Health Act, 1875," 150] Notice to pave Held that a Notice which, though v;igue in itself, yet stated where particulars of the work to be done could be ascertained, was good and sufficient. (33 L. J., M. C., 161 : 16 C. B., (x. s.), 161 : 10 L. T., 543.) [Quxre not now applicable having regard to the language of the " Public Health Act, 1875," reading 150 with Schcd. IV., Form G.] 1874. [1093] ( ','L'tllcro v. Lewis. "Public Health Act, 1848," 76 [=" Public Health Act, 1875," 62]; ' Local Government Act, 1858," 51 Non- compliance with an Order to lay on water An informality in the delivery of a Notice- held cured by an admission that the Notice had reached "the defendant. (38 J. P., 614.) 1869. [1094] Cocker v. Cardicrll. " Nuisances Removal Act, 1860," 13 [ = " Public Health Act, 1875," 105] There is no necessity for a Notice to be given by an inhabitant before be lays a complaint. (39 L. J., M. C., 28 : L. R.. 5 Q. B., 15 : 10 B. & S., 797: 21 L. T., 457.) 1827. [1095] Cool; v. Leonard. Local Act requiring Notice of Action for anything done under the Act Held that Notice was necessary only in cases in which the defendant-designate had reason- able ground for supposing himself entitled to act as the had done Where there is a total absence of authority to do what has been done, the party is not entitled to the protection of a Statute. (6 B. & C., 351 : 9 D. & R., 339.) 1827. [1096] Cortis v. Kent Waterworks Co. Service of u Notice ad Iressed to a Corporation by per- sonal delivery of the same publicly at a meeting to the authorised chairman thereof, held good. (7 B. & C., 714.) 1855. [1097] Darners v. Morgan. "Metropolitan Police Act," 2 & 3 Viet., c. 47 Plaintiff given into cus- tody for throwing down oyster shells in a thoroughfare by defendant a person employed to keep the place clean Held that in an Action for false imprisonment he was en- titled to Notice of Action. (1 Jur., (N. s.), 105.) 1869. [1098] Doust v. Slater. A person who having received notice to drain, commits a trespass on another's land, is not entitled to Notice of Action before being sued for the trespass. (38 L. J., 'Q. B., 159 : 10 B. & S., 400: 20 L. T., 525.) 1889. [1099] Edicards v. St. Mary, Islington, Vestry. "Me- tropolis Management Amendment Act, 1862," 106 Plaintiff a driver employed by firm which had contracted to horse the Defend- ants' Water Carts Accident owing to de- fective axle Held that Defendants were en- titled to Notice of Action. (58 L. J., Q. B., 165 : L. R.. 22 Q. B. D., 338 : 53 J. P., 180 : 60 L. T., 725.) 1886. [1100] Farmcorth L. B. v. Compton. Paving expenses under the "Public Health Acts" The service of Notices is a condition precedent to the statutory liability of froutagers Notices never served on existing owners, nor on their predecessors, but predecessors had made payments Held that such payments did not operate as a waiver of the Notices, so as to make existing owners liable for unpaid balances. (34 W. R., 334.) 1883. [1101] Freeman v. Newman. Registration of Parlia- mentary voters Notices served in 1883 on old printed forms, dated 1880 Nobody mis- led or inconvenienced Held nevertheless that the notices were bad; and that Over- seers could not waive the objection and accept the notices A notice which requires to be dated must be correctly dated. (53 L. J., Q. B., 108 : L. R., 12 Q. B. D., 373 : 51 L. T., 396.) 1869. [1102] Hall v. Potter. " Public Health Act, 1848," 69 [ = " Public Health Act, 1875," 150] A Notice to an owner to pave, &c., a street which is not a highway, if valid as regards part of a property specified therein and invalid as regards the rest, may be enforced pro tanto. (39 L. J., M. C., 1 : 21 L. T., 454.) 1886. [1103] Hardy \. YorltUre N. E. JJ. 11 & 12 Viet., c. 44 The building of a Police Station is an act done by Justices in the execution of their 70 1104 PUBLIC HEALTH. 1120 [PAKT I. office If sued for negligence in the build- ing or maintaining of such Station, or for damage arising therefrom, they are entitled to Notice of Action under the above enact- ment. (At Nisi Priu.) (50 J. P., CG3.) 1843. [1104] Jones v. Williams. Nuisance Trespass An entry without notice on land to abate a nuis- ance is lawful, if the owner of the land is the original wrongdoer. (12 L. J., Ex., 249 : 11 M. & W., 176.) 1878. [1105] Leu-is v. Cardiff Urban Authority. "Public Health Act, 1875," 150 Notice to owners to pave Notice endorsed by an owner that he wished the Local Authority to do the work at his expense Held that by such endorsement the owner waived the necessity of the Local Authority proving compliance with the preliminaries to the Notice But such waiver would not have conferred juris- diction if none had legally existed. (47 L. J. , M. C., 101.) 1874. [1106] Lewis v. Evans. A Notice served by Post will not be deemed to be duly served "in the ordinary course of Post " if it be shown that the intended receiver lives where there is no delivery of letters by the P. O. Authorities, and that he has to fetch his letters fiom an office at some other place. (44 L. J., C. P., 41 : L. K., 10 C. P., 297 : 31 L. T., 487.) 1857. [1107] ^Liverpool, Mayor, Ex parte. (27 L. J., M. C., 89.) 1892. [1108] Madden v. Kensington Vestry. Non-repair of a "grid" Accident A Notice of Action held not bad merely because the place where the act complained of was done was incorrectly stated, if defendants were in fact not misled. (66 L. T., 347 : 56 J. P., 470.) 1864. [1109] Mason v. Blbby. "Public Health Act, 1848," 69 and 150 [=" Public Health Act, 1875," 150, 267] Service of a Notice at the owner's place of business by reading it and delivering it to his Clerk, held good " Placa of abode " for this Statute includes " Place of business," and a Clerk is an "inmate." (33 L. J., M. C., 105 : 2 H. & C., 881 : 9 L. T., 692.) 1858. [1110] Parkinson v. Blackburn, Mayor. Local Act A Notice to repair or pave a Street must specify the required works. (33 L. T., (o. s.), 119 : 22 J. P., 418.) [And see 1 E. & E., 71.] [See now "Public Health Act, 1875," Sched. IV., Form G.] 1846. [1111] Ilawlins v. West Derby Overseers. Where a certain day of the month is fixed as the latest day for the delivery of a Notice, and that day happens to be a Sunday, a Notice served on that day is good. (15 L. J., C. P., 70 : 2 C. B., 72.) 1853. [1112] Head v. CoJter. Things done "in pursuance of" or " in the execution of " a Statute It is not necessary that a defendant who under a Statute is entitled to a Notice of Action should when he does the things complained of be conscious of his right to a Notice. (22 L. J., 201 : 13 C. B., 850 : 1 C. L. R., 746.) 1852. [1113] Eey. v. Slitwstone Inhabitants. Notices tervcd by Post are to be considered as in time if they would have been in time but for defatilt on the part of the Post Office. (21 L. J., M. C., 145 : 18 Q. B., 388 : 19 L. T., (o. s.), 105.) 1885. [1114] St. Leonard's, Shoreditch, Vestry v. Holmes. No- tice to repair drains served by Inspector No formal Report to, or authority by, Vestry Work done by Inspector on Owner's default Notice held insufficient, and amount paid not to be recoverable. (50 J. P., 132.) 1818. [1115] Watson v. Pitt. 6 Viet., c. 18, 17 Service of a Notice by thrusting it into a house between 9h. and lOh. p.m., without any personal interview with an inmate held insufficient, the mode and time being unreasonable. (17 L. J., C. P., 143 : 5 C. B., 77 : 10 L. T., (o. s.), 418.) 55. NUISANCES. (i.) ANIMALS. 1881. [1116] Banbury Sanitary Authority v. Page. '' Public Health Act, 1875," 47 Pigs evidently kept so as to be a nuisance Proof of injury to health not necessary in order to sustain a conviction so long as there is a " nuisance " in the Common Law meaning of the term. (51 L. J., M. C., 21 : L. R., 8 Q. B. D., 97 : 45 L. T., 759 : 46 J. P., 184.) 1858. [1117] Diaby v. West-Ham. " Public Health Act, 1848," 59 [=" Public Health Act, J875," 47, 49] Keeping of Pigs so as to be a nuisancu Conviction held good, the evidence shewing a Nuisance. (22 J. P., 304.) 1801. [1118] Everett v. Grapes. A Municipal By-Law impos- ing a Fine for keeping Pigs within a Borough held bad. (3 L. T., 669 : 25 J. P., 644.) [Virtually overruled by Wanstead L. B. v. Wooster.'j 1884. [H19] Heap v. Burnley Union. " Public Health Act, 1875," 44, 276 By-Law forbidding Pigs being kept within 50 ft. of a dwelling-house, in a rural district, held unreasonable. (53 L. J., M. C., 76 : L. R., 12 Q. B. D., 617 : 48 J. P., 359.) 1884. [1120] Lutton v. Doherty. " Public Health (Ireland) Act, 1878," 57 By-Law prohibiting the keeping of Pigs within 21 ft. of a dwelling-house or building used for trade purposes held bad. (16 L. R., Ir., 493.) SECT. 55.] 1121 NUISANCES. 1144 71 1705. [1121] Rcy. v. Wiyg. Keeping swine in a city is a nui- sance at Common Law. (Salk., 4GO.) 1874. [1122] Tony Street L. B. v. Seed. By-Law Dung Default as to removal Held that the Justices ought to have convicted. (39 J. P., 278.) 187:5. [1123] Wamtead L. B. v. Wooster. " Local Government Act, 1858," 34 [=" Public Health Act, 1875," 157, 159] By-Laws prohibiting the keeping of pigs within 100 ft. of a house, and requiring special provision to be made for the removal of dung and refuse, held reason- able. (38 J. P., 21.) (it.) BRICK-BURNING. 18G2. [1124] Bamford v. Turnley. Nuisance Burning of Bricks If nuisance be sufficiently great, an Action will lie, although carefulness be shown. (31 L. J., Q. B., 28G : 3 B. & S., G2 : G L. T., 721.) 1870. [1125] Bareltam v. Hall. Nuisance Burning of Bricks Injunction granted. (22 L. T., 116.) 18G2. [1126] Benrdmore v. Tredwell. Nuisance Burning of Bricks in such a place as unnecessarily to injure the plaintiff's trees Injunction granted. (31 L. J., Ch., 892 : 3 Giff., 683 : 7 L. T., 207.) 1863. [1127] Cavey v. Lidbetter. Nuisance Burning of Bricks Allegation of convenient place no answer to an Action. (32 L. J., C. P., 104 : 13 C. B., (N. s.), 470 : 3 F. & F., 14.) 18G1. [1128] Clecve v. Mahany. Nuisance Burning of Bricks Whether a nuisance or not, depends on circumstances No general rule as to distance can be laid down. (25 J. P., 819.) 1876. [1129] Crawford v. Hornsea Steam Bride Co. Nuisance Bill for Injunction ; damages not asked for Held that the plaintiff might nevertheless have damages instead of an injuction, the award to be endorsed on the title-deeds to protect defendants from future proceedings. (45 L. J., Ch., 432 : W. N., 1876, p. 132 : 34 L. T., 923.) 18G7. [1130] Eruns v. Smith. Nuisance Burning of Bricks Per Wood, V.C.: It is now clearly settled that the fumes of a brick kiln are, if they reach dwelling-houses, a nuisance, which the Court will restrain without requiring any scientific evidence. (Times, June 7, 1867.) 1858. [1131] *Hole v. Barlow. (27 L. J., C. P., 207.) [Over- ruled by Bamford v. Turnley.] 1867. [1132] Luscombe v. Steer. Nuisance Burning of Bricks The nuisance must be a material injury, either to property or to personal comfort Injunction refused. (17 L. T., 229 : 15 W. R., 1191.). 1868. [1133] Roberts v. Clarke. Nuisance Burning of Bricks at a distance of 240 yards Injunction granted. (18 L. T., 49.) 1881. [1134] Smith v. Taylor (1). Burning of Bricks in a Rural locality where manufacturing processes were not usual Comfort of occupiers of houses interfered with and therefore Injunc- tion granted. (Times, May 6, 1881.) 1881. [1135) Smith v. Taylor (2). Nuisance Burning of Bricks Promise that nuisance was only temporary Circumstances under which ap- parent acquiescence in a nuisance will not disentitle an aggrieved party to redress. (Times, Dec. 3, 1881.) 1851. [1136] Walter v. Selfe. Nuisance Burning of Bricks Injunction granted. (20 L. J., Ch., 433 : 4 Do G. & Sm., 315 : 17 L. T., (o. s.), 103.) 1863. [1137] Wanstead L. B. v. Hill. " Public Health Act, 1848," 64 [ = " Public Health Act, 1875," 112-13] Brick-making is not necessarily within this section. (32 L. J., M. C., 135: 13 C. B., (N. s.), 479 : 7 L. T., 744.) (iii.) NOXIOUS TRADES. 1874. [1138] A.-G. v. Francis. Nuisance Smoke and Vapour from Lime and Cement Works Held that it was sufficient if substantial discomfort were proved to arise Inj unc tion granted . ( Times, Nov. 10, 1874.) 1875. [1139] A.-G. v. Hyde Chemical Co. Nuisance Che- mical Works Sulphuretted hydrogen In- junction granted. (Times, Dec. 4, 1875.) 1891. [1140] A.-G. v. Logan. Action, with Local Board as relators, against owners of Smelting Works for injury to Park vested in Board held main- tainable. (L. R., 2 Q. B., 100: 65 L. T., 162 : 55 J. P., 615.) 1882. [1141] A.-G. v. Metropolitan Railway Co. Action for nuisance from mineral oil gas-works, nuisance comprising foul smells and chemical deposits Injunction granted. (Times, Jan. 14, 1882.) 1860. [1142] Bankart v. Houyhton. Nuisance Copper Smoke A person who acquiesces in the erection of works where a noxious trade is to be carried on, does not forfeit his right to prevent such subsequent extension ' as will cause serious injury. (28 L. J., Ch., 473 : 27 Bea., 425.) 1876. [U43] Bigsby v. Dickinson. Nuisance from Chemical Works Injunction granted Reported on points of practice, but see the Judgment, which reviews the facts. (46 L. J., Ch., 280 : L. R., 4 Ch. D., 24 : 35 L. T., 679.) 1838. [1144] Bliss v. Hale. Nuisance Tallow-melting Ac- tion Plea, that defendant possessed his mes- 72 1145 PUBLIC HEALTH. 1162 [PART I. suage and carried oil his business before plaintiff acquired the adjoining messuage Plea, held bad The plaintiff came to his house with all the rights which the Common Law affords, and wholesome air is one of such rights The Defendant could only justify his nuisance by proving a prescriptive right. (7 L. J., C. P., 122 : 4 Bing., N. C., 183 : 5 Scott, 500 : 6 Dowl., P. C., 442.) 1884. [1145] Braintree L. B. H. v. Boyton. " Public Health Act, 1875," 112 The frying of fish, although an offensive trade is not within the Section, not being ejusdem generis with the trades there mentioned. (52 L. T., 99 : 48 J. P., 582.) 1878. [1146] Brooke v. Wigg. Nuisance from Chemical Works Order by Vice-Chancellor on the appeal of the plaintiff that the case should be tried before himself without a Jury, held good on appeal Subsequently, Injunction granted, the evidence of nuisance being very conclu- sive, but no order for inquiry as to damage, as damage had arisen from other works be- sides the defendant's. (47 L. J., Ch., 749 : L. B., 8 Ch. D., 510 : 38 L. T., 549 and 732 : and Times, July 29, 1878.) 1875. [1147] Cardell v. Newquuy L. B. The business of a manure merchant is not necessarily an offen- sive trade under the "Public Health Act." (39 J. P., 742.) 1890. [1148] Cardiff Manure Co. v. Cardiff Union. " Public Health Act, 1875," 112 The steaming of dry bones in sealed cylinders is not " bone- boiling " within the Act. (54 J. P., 661.) 1879. [1149] Flux v. Gumming. Two tenants occupying u house with a common staircase Application for an Injunction by the upper tenant against the lower one (a bath proprietor) to restrain the discharge of noxious fumes and hot vitiated air, which ascended the slaircase and caused a nuisance Injunction granted. (Times, Aug. 5, 1878.) Subsequently, question at issue sent to a Jury Per Cole- ridge, J. : " The trade being a lawful one, in a lawful place, it was for plaintiff to prove that it was exercised in an unlawful way " Verdict for defendant New trial refused. (Times, May 30 and June 2 1, 1879.) I860. [1150] Iloughton v. Banlcart. Nuisance Copper Smoke Damage to farm Principle of valuation. (3 L. T., 266 and 666 : 8 W. K., 689.) 1885. [1151] Ilouldershaw v. Martin. "Public Health Act, 1875," 114 Nuisance from frying of fish- Medical certificate that process was a " nui- sance" held sufficient without stating also that it was " injurious to health " Justices should have convicted. (Times, March 4, 1885.) 1869. [1152] Knight v. Gardner. Nuisance Manufacture of Manure from night-soil Injunction granted. (19 L. T., 673.) 1879. [1153] Malton Urban 8. A. v. Malton Farmers Manure Co. " Public Health Act, 1875," 112 and 114 An offensive trade causing effluvia is within 114 if the effluvia though not injurious to persons in sound health cause sick persons to become worse Per Stephen, J. : " It is not necessary in order to bring a nuisance within this section to prove injury to health " G. W. R. v. Bishop considered. (49 L. J., M. C., 90 : L. E., 4 Ex. D., 302 : 40 L. T., 755 : 44 J. P., 155.) 1879. [H54] Passey v. Oxford L. B. " Public Health Act, 1875," 112 A place where bones were de- posited after collection held within the Act, on proof of offensive smells proceeding there- from, notwithstanding that the bones were not subjected to any manufacturing process Conviction affirmed. (43 J. P., 622.) 1861. [1155] PincJcney v. Ewens. Action for Nuisance Fell- monger's trade Verdict for the plaintiff. (4 L. T., 741.) 1851. [1156] Reg. v. Garland. Nuisance Arsenic Works Evidence of death of cattle held admissible in support of an Indictment charging noisome smells. (5 Cox, C. C., 165 : 15 J. P., 260.) 1878. [1157] Reg. v. Wallace (1). Nuisance from Chemical Works Indictment Bankruptcy of Defen- dant Fine of 3000 imposed, to include the prosecutor's costs Fine not to be levied unless default were made in the payment of the costs, or the Works creating the nuisance were resumed. (Times, Nov. 15, 1878.) 1826. [H58] Rex v. Cross (2). Nuisance Slaughter-house If a man sets up a noxious trade remote from habitations and roads, and afterwards houses are built and roads made, he may continue his trade, though it be a nuisance. (2 C. & P., 483.) [But see Bliss v. Hale.~] 1805. [H59] Rex v. Davey. Nuisance Coke ovens An offen- sive trade to be indictable as a nuisance must be destructive to' health or render dwelling- houses uncomfortable or untenantable De- fendant acquitted. (5 Esp., 217.) 1826. [HGO] Rex v. Neil. Nuisance Varnish Factory To support an Indictment for a nuisance it is not necessary that the smells should be in- jurious to health : it suffices that they are offensive to the senses. (2 C. & P., 485.) 1791. [H61] Rex v. B. Neville. Nuisance Grease Melting A man setting up a noxious business in a neighbourhood where such business has long been carried on is not indictable unless the nuisance is much increased Defendant acquitted. (Peake, 91.) 1791. [H62] Rex v. 8. Neville. Nuisance Grease Melting SECT. 55.] 1163 NUISANCES. 1177 73 As the noxious trade had been carried on for " near 50 years," Kenyon, C. J., directed an acquittal. (Peake, 93.) [In Weld v. Hornby (7 East., 199), Lord Ellenborough laid it down that thougli an acquiescence of 20 years may determine private rights, " yet the public have an interest in the suppression of public nuisances though of longer stand- ing."] 1827. [11G3] Hex v. Watts. Nuisance Horse Boiling A man carrying on a long established noxious busi- ness is nevertheless indictable if the mischief is increased by alterations in the manner in which the business is carried on; but an increase of mischief due simply to an increase of business will not justify a conviction Defendant convicted. (Moody & M., 281.) 1874. [1164] Calvin v. North Branctpeth Coal Co. Nuisance Coke ovens Nature and extent of damage necessary to sustain suit Injunction refused. (44 L. J., Ch., 149 : L. E., 9 Ch. App., 705 : 31 L. T., 154.) 1876. [1165] St. Helen's Chemical Co. v. St. Helens Corporation. "Nuisances Removal Act, 1855," 12 [ = li Public Health Act, 1875," 95] Discharge through separate drains of chemicals which, when they became mixed in the public sewers, emitted noxious fumes Defence that the Corporation had not flushed the sewer Held that the appellants were rightly con- victed. (45 L. J., M. C., 150 : L. K., 1 Ex. D., 196 : 34 L. T., 397 : 40 J. P., 471.) 1875. [1166] Umfreville v. Johnson. Nuisance Cement Works Bill filed by two plaintiffs in respect of properties at unequal distances from the Works Injunction granted as to one plaintiff, but refused as to the other Bill filed before the Works were open, and therefore when the nuisance was only in anticipation. (44 L. J., Ch., 752 : L. K., 10 Ch. App., 580.) 1881. [1167] Verco v. Morris. "Public Health Act, 1875," 112 The fact that bone-boiling is men- tioned in this Section is not conclusive evi- dence that it is a nuisance, but only a point to be considered. (4 Municip. Corp. Assoc. Month. Circular, 181 : Times, Dec. 17, 1881.) (iv.) SMOKE. 1872. [1168] Barnes v. Al;roij(l. " Sanitary Act, 1866," 19 [= "Public Health Act, 1875," 91 (7)] Black smoke fiom chimney Master is liable although his servant is in default. (41 L. J., M. C., 110: L. K., 7 Q. B., 474: 26 L. T., 692: 37 J. P., 116.) 1876. [1169] Barnes v. Norris. " Public Health Act, 1875," 91 Nuisance Smoke Several chimneys Summons dismissed by Justices on the ground that the particular chimney com- plained of should have been specified Held that the Justices were wrong ; they ought to have heard the case on the merits. (41 J. P., 150.) 1889. [1170] Chisholm v. Doulton. 16 & 17 Viet. c. 128, 1 Smoke from furnace properly constructed Negligence of stoker Master held not liable. (58 L. J., M. C., 133 : L. R., 22 Q. B. D., 736 : 60 L. T., 966 : 53 J. P., 550.) 1867. [1171] Cooper v. Woottey. " Towns Improvement Clauses Act, 1847," 108 : Local Act To consume "as far aa possible all" Smoke, means "con- sistently with carrying on the trade in which the furnace is employed." (36 L. J., M. C., 27 : L. R., 2 Ex., 88 : 15 L. T., 539.) 1867. [1172] Crump v. Lambert. Nuisance Smoke without noise or noxious vapour; noise alone; and offensive odours alone, though not injurious to health, may severally constitute a nuisance The material question is whether the annoyance materially interferes with the ordinary comfort of human existence In- junction granted. (L. R., 3 Eq., 409 : Affirmed on Appeal, 17 L. T., 133.) 1875. [1173] Eddleston v. Barnes. " Nuisances Removal Act, 1855," 12-14 [= "Public Health Act, 1875," 95-8] Separate Orders for abate- ment and for prohibition of nuisance Con- victions on two Informations, the offence constituting the breach of both Orders being but one offence Held that only one con- viction could stand. (45 L. J., M. C., 73 : L. R., 1 Ex. D., 167 : 34 L. T., 497 : 40 J. P., 88.) 1874. [1174] Gaslcell v. Bayley. "Sanitary Act, 1866," 19 [= "Public Health Act, 1875," 91 (7)] Nuisance Smoke If the quantity of dense black smoke evolved is great, a con- viction may be had It is not necessary to prove direct injury to health. (30 L. T., 516 : 38 J. P., 293.) 1870. [1175] Higgins v. Northwich Union. " Nuisances Re- moval Act, 1855," 13-14 : " Sanitary Act, 1866," 19 Nuisance Black smoke from Salt-works Order for abatement Dis- obedience thereto Conviction affirmed The existence of a nuisance is a question of fact peculiarly within the province of a Court of Summary Jurisdiction. (22 L. T., 752 : 34 J. P., 806.) 1874. [1176] Hutton v. Lancashire & Yorkshire Railway Co. Nuisance Smoke from Locomotive Engine 31 & 32 Viet., c. 119, 19 Prosecution by a passenger Defendants convicted. (38 J. P., 731.) 1859. [1177] Manchester, Sheffield & Lincolnshire Railway Co. v. Wood. 8 Viet., c. 20, 114 Nuisance from smoke Held that the penalty only attaches where the engine is not constructed so as to consume its own smoke ; and, there- 1178 PUBLIC HEALTH. 1193 [PART I. fore, where an engine is duly constructed as aforesaid, and the nuisance is due only to careless user, there is no liability under the Section. (29 L. J., M. C., 29: '2 E. & E., 344 : 1 L. T., 31 : 24 J. P., 38.) 1890. [1178] Niven v. Grearex. "Public Health Act, 1875," 91 Nuisance from black smoke On pi oof that the nuisance was due to the default of the men in charge of the furnaces belonging to the defendants, the owners, the furnaces being duly constructed, the Justices dis- missed the summons 11 eld that they were wrong; that the owners were liable for the default of their servants. (54 J. P., 548.) 1872. [1179] Norms v. Barnes. "Sanitary Act, 18G6," 14 and 19 : Proviso in the '* Nuisances Eeinoval Act, 1855," 44 [= "Public Health Act, 1875," 91 (7), 832, 334] Black smoke Manufacture of Bichrome Held that Jus- tices had no jurisdiction to order abatement. (41 L. J., M. C., 12 1 : L. K., 7 Q. B., 537 : 26 L. T., C22: 37 J. P., 246.) . 1892. [1180] Patterson v. Chamber Colliery Co. " Public Health Act, 1875," 91, 334 91 may (subject to 334) apply to the cliimncys of coal mines if they send forth black smoke Case remitted to Justices to hear and deter- mine on the facts. (56 J. P., 200.) 1872. [1181] lleg. v. Waterhouse. " Sanitary Act, 1866," 19 (3) Black smoke 19 Summonses on the same person Held that the convictions were right. (41 L. J., M. C., 115 : L. R., 7 Q. B., 545 : 26 L. T., 761 : 36 J. P., 471.) 1812. [1182] Hex v. Dewsnap. Proceedings by Indictment Persons dwelling near a smoke nuisance and specially affected are parties grieved so as to be entitled to special consideration. (16 East, 194.) 1757. [1183] Eex v. White. Nuisance Sulphur Works An Indictment lies for impregnating the air near a highway with noisome and offensive stinks : it is not necessary that they should be unwholesome. (1 Burr., 333.) 1847. [1184] liicli v. Basterfield. Nuisance from smoke ema- nating from a chimney Action against land- lord on the ground that as he built the chimney and let the premises with the. chimnc-y which caused the nuis-ance, he was liable Action held not maintainable. (16 L. J., C. P., 273 : 4 C. B., 783.) [Commented on and distinguished in Harris v. James.'] 1872. [1185] Savile v. Kilner. Nuisance Smoke and vapour from Glass-woiks Injunction granted. (26 L. T., 277.) 1856. [1186] Simpson v. Savage. Nuisance from smoke of Factory chimney Causing smoke to issue from a chimney (the erection of the chimney itself not being a nuisance) is not ground for an Action by the reversioner of adjoining premises, though his tenants have given notice to quit in consequence, and the sale- able value of his premises is deteriorated To entitle a reversioner to maintain an Action for injury to his reversion the injury miis-t lie of a permanent character. (26 L. J., C. P., 50 : 1 C. B., (N. s.), 347.) 1877. [1187] Smith v. Midland Railway Co. Nuisance from smoke and soot of Locomotive engines Engines cleaned and lighted in the open air Held that the Statutes authorising the working of the railway gave no authority for the continuance of a nuisance not necessarily connected with the working of the railway : the engine-shed might be moved to a better place Injunction granted. (W. N., 1877, p. 200 : 37 L. T., 224 : 25 W. E., 861.) 1865. [1188] St. Helen's Smelting Co. v. Taping. Nuisance Copper Smoke A distinction is to be drawn between mere personal discomfort and mate- rial injury to property Verdict for plaintiff (deft, in error). (11 H. L. C., 642 : 12 L. T., 779.) [An Injunction was afterwards granted by the Court of Chancery, Nom. Tijqiing \. St. Helen's, &c. L. E., 1 Ch. App., 66.] 1885. [1189] Weelies v. King. "Public Health Act, 1875," 91 Black smoke from Brewery Held that the 2nd Proviso only applied to the 1st nuisance mentioned in the 7th Sub-section, and that evidence as to construction of fur- nace was rightly rejected. (53 L. T., 51 : 49 J. P., 709.) (v.) VAKIOUS. 1885. [1190] Andrews v. Mansfield. Market garden Deposits of dust and refuse causing a nuisance held actionable : perpetual Injunction also granted. (Times, March 6, 1885.) 1866. [H91] A.-G. v. Bradford Canal Proprietors. Nuisance Appeal at Law pending Injunction granted. (35 L. J., Ch., 619 : L. It,., 2 Eq., 71: 14 L. T., 248: 15 L. T., 9. For the proceedings at Law, see 3i L. J., Q. B., 191 : 6 B. & S., 631.) 1867. [1192] Baxendale v. McMnrray. Nuisance Discharge into a Stream of Refuse from a Paper Mill The onus lies on the plaintiff of proving an increase in the amount of the pollution. (L. E., 2 Ch. App., 790 : 16 W. E., 32.) 1874. [1193] Benjamin v. Store. Obstruction of highway by vans Action by occupier of adjoining house, because of the interference with his trade In actions for damage from a public nuisance, the plaintiff must show that the injury is (1) particular, special : (2) direct, not merely consequential ; and (3) substantial, not merely temporary or evanescent Evidence of un- pleasant smells admitted. (43 L. J., C. P., 162 : L. E,, 9 C, P., 400 : 30 L. T., 362.) SECT. 55.] 1194 NUISANCES. 1210 75 1882. [1194] Bishop Auckland L. B. v. Bishop AucMand Iron Co. " Public Health Act, 1875," 91, (4) To constitute an offence it suffices if the accumulation interferes with the personal comfort of the neighbours though not in- jurious to their health G. W. 11. v. Bishop distinguished; Malton v. Malton, and Ban- Jmrij v. Pwje followed. (52 L. J., M. C., 38 : L. It., 10 Q. 13. D., 138 : 48 L. T., 223 : 47 J. P., 389.) 1879. [1195] Brown v. Bigcjleswade Union. "Public Health Act, 1875," 91, 97-8 House unfit for habitation Order of Justices that the Local Authority might abate the nuisance (the owner having failed to do so) Whereupon Authority pulled down the house Action in County Court by owner against the Authority Nonsuit Held that the Authority was justified in pulling down the house on the Justices being satisfied that it was unfit for habitation, and the owner refusing to repair. (Times, May 19, 1879.) 1868. [1196] Brown v. Bussell. " Nuisances Kemoval Act, 1855," 12 [ = Public Health Act, 1875," 95] Nuisance caused by one person but visibly arising on the premises of auotlier person Order for abatement rightly made on the former. (37 L. J., M. C., 65 : L. K., 3 Q. B., 251 : 18 L. T., 19 : 32 J. P., 196.) 1835. [1197] Dawsoit v. Moore. In an Action for nuisance where the Defendant pleads Not Guilty the Plaintilf must not only prove the existence of the nuisance but that the Defendant caused it. (7 C. & P., 25.) 1884. [1198] De La Torre v. Kensington JJ. " Nuisances Kemoval Act, 1855," 8 [=" Public Health Act, 1875," 91] Large numbers of cats and dogs in a private Loute held a " nuisance " within the Act. (At Q. Sess.) (48 J. P., 503.) 1618. [1199] Detcell v. Saundcrs. Tiie erection of a new pigeon-house by a Freeholder of a 5Lmor is not a common nuisance inquirable at the leet; but if the pigeons fly abroad to the damage of the King's subjects, the Judges of Asaize may take cognisance of it. (Cro. Jac., 490.) 1845. [1200] Fay v. Prentice. Erection of a cornice which projected, over plaintiffs garden so as to throw rain water into the garden Held that the cornice might be asbiimed to be a nuisance in respect of whica the plaintiff might maintain an Action. (14 L. J., C. P., 2JS ; 1 C. 1}., 828.) ^1839. [1201] Flight v. Tltomas. Action for nuisance from offensive manure heap Plea, 20 years' right of user Held, nevertheless, that plaintiff was entitled to judgment for the plea did pot state that the stench complained of had for 20 years passed over plaintiff's land. (8 L. J., Q. 13., 337: 10 A. & E., 590: 2 P. & D., 591 : 7 Dowl., P. C., 741.) 1868. [1202] Francomb v. Freeman. "Nuisances Kemoval Act, 1855," 12 [ = " Public Health Act, 1875," 95] Watercourse fouled by sewage conveyed thither by a drain from certain cottages belonging to the appellant, but nuisance not on appellant's land Held that he was nevertheless rightly convicted. (37 L. J., M. C., 65 : L. K., 3 Q. B., 251 : 18 L. T., 19: 32 J. P., 196.) 1872. [1203] Great IVestern Railway Co. v. Bishop. Rain- water dripping through a Bridge not a nuisance under one of the " Sanitary Acts " [=" Public Health Act, 1878," 91] because not a nuisance injurious to health. (41 L. J., M. C., 120 ; L. R., 7 Q. B., 550 : 26 L. T., 905 : 37 J. P., 5.) 1876. [1204] Harris v. James. A landlord who lets premises for a purpose which may be expected to be a nuisance is liable for the nuisance jointly with his tenant. (45 L. J., Q. B., 545 : 35 L. T., 240.) 1868. [1205] Hendon Guardians v. Bowles. " Nuisances Ke- moval Act, 1855," 12 [=" Public Health Act, 1875," 95] Joint and several liability for nuisance Person " by whose act, default, or sufferance " Held that an Order might be made upon each party whose sewage assisted in causing the nuisance. (17 L. T., 597 : 16 W. R., 510 : 20 L. T., 609.) 1888. [1206] Herbert v. Leigh Mills Co. "Factories (Steam Whistles) Act, 1872" A whistle formerly blown by steam but now by compressed air held within the Act. (53 J. P., 679 : 5 Times L. R., 449.) 1855. [1207] * Hertford Union v. Kimpton. (25 L. J., M. C., 41.) 1876. [1208] Home v. Kelso Local Authority. " Public Health (Scotland) Act, 1867," 30 & 31 Viet. c. 101, l,subs. F. Nuisance from overcrowding Where a landlord lets a cottage which comes under the control of the tenant, without restriclion, the landloid is not, in the sense of the Statute, the author of the nuisance, nor jointly liable for the act or default of his tenant in aJowing overcrowding on the part of a sub-tenaut. (3 Cuuper, 239.) 1888. [1209] KirUteaton L. B. v. Beaumont. Nuisance from overflow from public sewer, the nuisance actually arising on defendant's land Held however that, as he was not the author of the nuisance, remedial measures could not be enforced against him. (52 J. P., 68.) 1881. [1210] Learoyd v. Halifax Corporation. Acti< n to re- strain slaughter-houses being carried on so as to create a nuisance On undertaking 76 1211 PUBLIC HEALTH. 1225 [PABT I. being given that system should be changed, Motion for Injunction directed to stand over till trial of Action. (Times, July 8, 1881.) 1823. [1211] Lomdale (Earl of) v. Nelson. .Per Best, J. " The security of lives and property may sometimes require so speedy a remedy as not to allow time to call on the person on whose property the mischief has arisen to remedy it. In such cases an individual would be justified in abating a nuisance from omission without notice." (2 B. & C., 302 : 3 D. & R., 556.) 1857. [1212] Reg. v. Bateman. 12 & 13 Viet. c. 45 Indict- ment for nuisance 18 of this Act for removing Orders of Quarter Sessions for the purpose of enforcing them by Attachment does not apply to an Order to abate a nuisance of -which a defendant has been found guilty on an Indictment which can be enforced in the ordinary way. (27 L. J., M. C., 95 : 8 E. & B., 584 : 30 L. T., (o. s.), 157.) 1889. [1213] Reg. v. Parlby. "Public Health Act, 1875," 91-6 These sections are not available against a Local Authority to obtain an abate- ment of Nuisances arising from sewage works constructed under 27 by the Local Authority ; and a Court of Summary Juris- diction has therefore no power to make an Order under 96 against such Authority The remedy is by Information in the name of the Attorney-General. (58 L. J., M. C., 49 : L. R., 22 Q. B. D.. 521 : 60 L. T., 422 : 53 J. P., 327.) 1703. [1214] Reg. v. Watts. Where a house is so ruinous that it is likely to fall down on a highway, the occupier may be indicted for a nuisance irrespective of tlie owner. (1 Salk., 357 : [B. v. Watson'] 2 L. Eaym., 856.) 1835. [1215] Rex v. Curwood. Pollution of river by gas refuse A prosecutor in an Indictment for nuisance may be compelled to give a particular state- ment of the acts of nuisance intended to be relied on. (3 A. & E., 815 : 5 N. & M., 369 : 1 H. & W., 310.) 1802. [1216] Rex v. Lloyd (1). An Indictment will not lie for that which is a nuisance only to a few in- habitants of a particular place Indictment for a nuisance affecting only 3 houses Lord Ellenborough said that the defendant must be acquitted for the nuisance was not sufficiently general. (4 Esp., 200.) 1832. [1217] Rex v. Pease. Where Parliament authorises a nuisance an Indictment against its authors will not lie. (2 L. J., M. C., 26 : 4 B. & Ad., 30.) 1868. [1218] Richmond Union v. St. Paul's, Dean and Chapter of. "Nuisances Kemoval Act, 1855," 12 [ = " Public Health Act, 1875," 95] Pond which had become a nuisance on a Common managed by Conservators Respondents held not liable, because not the parties by whose act, default, permission, or sufferance, the nuisance arose. (18 L. T., 522 : 32 J. P., 374.) 1875. [1219] Rye Union v. Paine. " Sanitary Act, 1866," 19 [=" Public Health Act, 1875," 91(5)] Overcrowding; Held that this enactment extends the " Nuisances Removal Act, 1855," and that there may be a conviction for over- crowding though only one family be con- cerned. (44 L. J., M. C., 148 : W. N., 1875, p. 119: 32 L. T., 757: 40 J. P., 166.) 1863. [1220] Smith v. Waghorn. Local Act Nuisance from Stable Dung Conviction. (27 J. P., 744.) 1865. [1221] Tomlins v. Great Stanmore Nuisances Removal Committee. " Nuisances Removal Act, 1855," 13-14 [=" Public Health Act, 1875," 97-8] An owner who does not comply witli an Order to abate a nuisance may be fined, although the Order was directed not only to him, but also to the Nuisances Com- mittee. (12 L. T., 118 : 29 J. P., 117.) 1887. [1222] Wallasey L. B. v. Gracey. " Public Health Act, 1875," 107 This section does not enable a Board to sue in its own name for abatement of a nuisance in any case where by Common Law the proceedings must be by Information in the name of the A.-G. (56 L. J., Ch., 739 : L. R., 36 Ch. D., 593 : 57 L. T., 51 : 51 J. P., 740.) Subsequently, Injunction granted. (Times, July 23, 1887.) 1874. [1223] White v. Jameson. Brick-burning Where an occupier grants a license to another to do certain acts on the land, and the licensee commits a nuisance, the occupier may be made a co-defendant in a suit to restrain the nuisance, for he is bound to see that his property is so managed that other persons are not injured. (L. R., 18 Eq., 303: 22 W. R., 761.) 1887. [1224] Winter v. Baker. Nuisance and annoyance to the occupier of a dwelling-house by the use of a yard for steam circus, organ, swings, roundabouts, shooting galleries, and other sports Injunction granted with costs, the existence of the nuisance being clearly proved. (Times, April 22, 1887.) 56. " OCCUPIER," DEFINITION OF. 1870. [1225] Roads v. Trumpington Churchicardens. Poor Rate Exclusive occupation Land let from year to year under reservation of right of entry for inspection Minerals Tenant to be deemed " Occupier." (40 L. J., M. C., 35 : L. R., 6 Q. B., 56 : 23 L. T., 821.) SECT. 57.] 1226 "OWNER," DEFINITION OF.1 1242 77 57. "OWNER," DEFINITION OF. *** See also "Paving Expenses," ( 59, post}. 1800. [1226] Bacup Corporation v. Smith. " Public Health Act, 1875," 4 The definition of " Owner" does not include a Receiver appointed by the Court, and so service of notice under 150 on such Receiver is invalid. (59 L. J., Ch., 518 : L. R., 44 Ch. D., 395 : 63 L. T., 195.) 1863. [1227] Blything Union v. Warton. " Nuisances Re- moval Act, 1855," 2 and 19 [=" Public Health Act, 1875," 104] Order of Justices Meaning of " Owner " Execution of Works Issue subsequent to the execution of the works, of a Power of Attorney to receive rents Attorney not liable No personal lia- bility attaches to one who becomes owner after the making of the Order. (32 L. J., M. C., 132 : 3 B. & S., 352 : 7 L. T., 672.) 1871. [1228] Bowditcn v. Wakefteld L. B. H. " Public Health Act, 1848," 2 and 69 [=" Public Health Act, 1875," 150] "Owner" Paving a Street Trustees of a School-house and Buildings held liable. (40 L. J., M. C., 214 : L. R., 6 Q. B., 567 : 25 L. T., 88.) 1871. [1229] Canwell v. Hanson. " Owner " Fees payable to Surveyor On default of owner his successor in title held not liable. (Metropolis.) (41 L. J., M. C., 8 : [Caudwell v. #.] 25 L. T., 595 : L. R., 7 Q. B., 55.) 1842. [1230] Chorlton-upon-Medloclc Constables v. Walker. Local Paving Act charging the owners of "hereditaments," &c. Church built and consecrated Various rents and profits as- signed to defendant by the Incumbent in satisfaction of a debt Held that the defen- dant as mortgagee was not rateable, not being an " Owner." (12 L. J., Ex., 88 : 10 M. & W., 742.) 1872. [1231] Cook v. Montague. "Nuisances Removal Act, 1855," 2 A Leaseholder for 21 years who sub-let, and not the Freeholder held to be " Owner," where the sub-tenant was author of the nuisance. (41 L. J., M. C., 149: L. R., 7 Q. B , 418 : 26 L. T., 471 : 37 J. P., 53.) 1863. [1232] Cowen v. Phillips. A tenant, having only an equitable interest under an agreement for a lease, held to be "adjoining owner" and pri- vileged accordingly. (Metropolis.) (33 Bea., 18 : 8 L. T., 622.) 1858. [1233] Evelyn v. Whicheord. Surveyor's Fees Held that a lessee for 81 years was the " Owner " liable, and not the freeholder. (27 L. J., M. C., 211 : E. B. & E., 126 : 31 L. T., (o. s.), 96.) 1890. [1234] FiUiiigliftrn v. Wood. " Metropolitan Building Act, 1855," 85 (1) A tenant in posses- sion of part of a house under an agreement for a greater interest than as tenant from year to year is an " adjoining owner." (L. R., [1891] 1 Ch., 51 : 64 L. T., 46.) 1867. [1235] Holland (Lady) v. Kensington Vestry. Paving new street Land agreed to be let on build- ing leases but leases not actually executed " Owner " Construction Freeholder held liable. (Metropolis.) (96 L. J., M. C., 105 : L. R., 2 C. P., 565 : 17 L. T., 73.) 1865. [1236] Hunt v. Harris. Expense of repairing a dan- gerous party wall Premises sub-let Lessee for 99 years held to be an " Owner." (Me- tropolis.) (34 L. J., C. P., 249 : 19 C. B., (N. s.), 13 : 12 L. T., 421.) 1863. [1237] ' Peek v. Waterloo and Seaforth L. B. H. " Public Health Act, 1848," 69 [=" Public Health Act, 1875," 150] Service of a notice on a person who de facto receives the rent is ser- vice on the " Owner." (33 L. J., M. C., 11 : 2 H. & C., 709 : 9 L. T., 338.) 1878. [1238] Reg. v. Lee (2). ''Metropolitan Building Act, 1855," 18 & 19 Viet, c. 122 Church in danger- ously dilapidated state Certain urgent re- pairs executed by the Local Authority, who thereupon sought to recover from the Incum- bent, as being the " Owner " within the Statute Mandamus to Magistrate to issue a Distress Warrant for these expenses refused, for the Incumbent had 110 such beneficial interest in the fabric as to make him an " Owner " within the Statute. (48 L. J., M. C., 22 : L. R., 4 Q. 1 B. D., 75 : 39 L. T., 605 : 43 J. P., 302.) 1879. [1239] Reg. v. Swindon L. B. " Public Health Act, 1875," 153 and 257 When works are executed by a Local Authority because the owner makes default in complying with an Order, and the property changes hands during the proceedings, the Owner at the time when the works are completed is the person to be sued Practice as to Appeals. (49 L. J., Q. B., 522 : L. R., 4 Q. B. D.,305 : [Hinton v. S.] 42 L. T., 614: 44 J. P., 505.) 1883. [1240] St. Helen's Corporation v. Riley. " Public Health Act, 1875," 150: Local Act Paving ex- penses Definition of " Owner." (47 J. P., 471.) 1885. [1241] St. Helen's, Mayor v. Kirkham. Local Act De- finition of " Owner " " Agent " employed to collect rents held to be an " owner " in re- spect of collection of Improvement Expenses (L. R., 16 Q. B. D., 403 : 54 J. P., 647.) 1891. [1242] Tendring Union v. Dowton. "Public Health Act, 1875," 157, 257" Owner " does not in- clude a person who has the benefit of a covenant restricting the use of the premises in respect of which expenses for street im- provement have been incurred Therefore 78 1243 PUBLIC HEALTH. 1257 [PAET I. whore a Local Authority had obtained a charge on certain land which was subject to a restrictive covenant as to building it was not entitled to an order for sale free of the covenant. (61 L. J., Ch., 82 : L. E., 3 Cli., 265 : 65 L. T., 434.) 1870. [1243] TuU) v. Good. Surveyor's Fees By whom pay- able "Owner." (Metropolis.) (39 L. J., M. C., 135 : L. R., 5 Q. B., 443 : 22 L. T., 885.) 58. PARLIAMENTARY EXPENSES. [Some of the Cases which follow need to be con- sidered in connection with the " Borough Funds Act, 1872" (35 & 36 Viet, c. 91), and with the Cases decided thereunder.] 1850. [1244] A.-G. v. Andrews. Improvement Commissioners Application of Rates to defray the expenses of a Bill in Parliament to expend Powera Injunction granted. (20 L. J., Ch., 467 : 2 Mac. & G., 225 : 2 Hall & T., 431 : 15 L. T., (o. s.), 322.) 1853. [1245] A.-G.v.Eastlake. Proposed application of moneys raised for defined Paving, &c., purposes to the cost of promoting a Bill in Parliament Proposal held improper. (2 Eq. R., 145 : ] 1 Hare, 205.) 1878. [1246] A.-G. v. Hull, Mayor. " Borough Funds Act, 1872" Alleged irregularities in the statu- tory public meeting which authorised a Par- liamentary opposition to a Dock Bill Held Hint, under the circumstances, the Corpora- tion ought not to be restrained by Injunction Semble, that the Act is an enlarging Act, and does not interfere with the ordinary powers of Municipal Corporations to spend money in Parliamentary contests. (Times, March 18, 1878.) 1888. [1247] A.-G. v. Lambeth Vestry. Action to restrain Vestry from applying the Rates to the promotion of a Bill in Parliament Injunction granted so far as the application of the Ratrs wns con- cerned, but the promotion of the Bill held not to be ultra vires. (Times, Jan. 31, 1888.) 1879- [1248] A.-G. v. Lower Thames Valley Sewerage Board. Board constituted under Provisional Order Funds raised under aforesaid powers em- ployed in expenses of a Bill in Parliament to extend powers Per Jcsscl, M.R. : Funds intrusted by Parliament to a public body for a definite purpose must not be used for another purpose only auxiliary or incidental to the specific purpose Held that Defendant Board had no right to apply to Parliament without the sanction of the Local Govern- ment Board Injunction granted to icstrain application of funds to payment of Parlia- mentary expenses. (Times, July 19, 1879.) 1851. [1249] A.-G. v. Norwich, Mayor. Payment of expenses of application to Parliament for a Bill out of Borough Fund Injunction granted. (21 L. J., Ch., 139: 16 Simons, 225: 18 L. T., (o. s.), 58.) 1849. [1250] A.-G. v. Southampton Guardians. Proposed pay- ment out of the Poor Rate of the expenses of a rejected Bill in Parliament Injunction granted. (18 L. J., Ch., 393 : 17 Simons, 6 : 13 L. T., (o. s.), 503.) 1872. [1251] A.-G. v. Tottenham L. 13. H. Costs of promoting a Bill in Parliament Certain members held personally liable But a member who proved lie had not concurred was exonerated. (27 L. T., 440 : W. N., 1872, p. 205.) 1870. [1252] A.-G. v. West Ilartlepool Improvement Commis- sioners. Local Act Proposed payment out of the Rates, of the expenses of a Bill in Parliament to extend the District and powers of Commissioners Injunction granted. (39 L. J., Ch., 624 : L. R./10 Eq., 152 : 22 L. T., 510.) 1854. [1253] A.-G. v. Wit/an, Mayor. Proposed payment of expenses of a partially successful opposition to a Bill in Parliament out of surplus of Borough Fund Such payment held not a proceeding to be restrained by an interlocu- tory Injunction. (23 L. J., Cb., 429: Kay, 268 : 5 De G. M. & G., 52 : 23 L. T., (o. s.), 43.) 1858. [1254] Bailey v. Cuchson. Action against four members of a Local Bonrd for services in opposing, on behalf of the Board, a Gas Bill in a case where a Rate out of which plaintiff would have been paid hod been declared void Held that the plaintiff could not recover against individual members. (32 L. T., (o. s.), 124 : 7 W. R., 16.) 1883. [1255] Birmingham Town Council, In re. "Birming- ham Improvement Act, 1851," C3 Poll of Ratepayers as to promotion of Bill in Parlia- ment A 4 days' poll, between 9. a.m. and 4 p.m. each day, held to afford sufficient facilities for voting although population of Borough, 400,000. Per Huddleston, B. : "There is no trace of any authority, in Cases reported now for 200 years, for any right in Ratepayers to insist upon a scrutiny against the decision and discretion of the presiding officer." (Times, March 22, 1883.) 1869. [1256] Boiver v. Sligo Commissioners. A Corporation is justified, if acting bond fide, in applying funds in opposing Parliamentary Bills which would affect their existence, and materially injure their jiowers as a Corporation, even though no such power is expressly given by their incorporating Act. (4 Ir., R., C. L., 489.) 1847. [1257] Brighton v. North. Application of Trust Funds held by Commissioners for maintenance of river banks towards opposing a Bill in 1'ar- SECT. 59.] 1258 PAVING EXPENSES. 1271 79 1 lament which threatened to injure the pro- perty of the Trust held legal. (16 L. J., Ch., 255: [Bright v. North'] 2 Phillips, 216: 8 L. T., (o. s.), 154, in the Court bolow.) 1886. [1258] Cleverton v. St. Germans Union. " Public Health Act, 1875," 51-70 Although it is the duty of a Sanitary Authority to procure a supply of water, this duty does not confer power to apply to Parliament for a Bill to enable them to do so if their ordinary powers prove insufficient. (56 L. J., Q. B., 83 : 3 Times L. R., 43.) [This decision must not be pushed too far.] 1887. [1259] Ht'ij. v. Dover Corporation. Order by Town Council for payment of costs of promoting a Bill in Parliament Application for Certiorari to set aside the Order on the ground that the meeting of Ratepayers did not sanction the expenditure Meeting duly convened and held, and resolution declared carried : long pause : no poll demanded : chair vacated by chairman : then poll de- manded and not granted : n > steps taken for 9 months Held on these facts tliat it was too late to question the validity of the meet- ing, and Certiorari refused. (Timss, Dee. 19, 18870 1873. [1260] Reg. v. Liverpool, Mayor. " Municipal Corpora- tions Act, 1835," 92 Tramway Bill op- posed in Parliament Terms suggested and accepted including an offer by Corporation to pay the expenses of the Bill No available surplus in the Borough Fund during the current year Held tliat the surplus accru- ing during the next year might be made available without an express Kesolution. (37 J. P , 773.) 1850. [1261] lleg. v. Norfolk Commissioners of Sewers. Cost of opposing a Bill in Parliament likely to injure the property of a Board held payable out of the Board's" funds. (15 Q. B., 549 : 15 L. T., (o. s.), 391.) 1871. [1262] Ee: L. If., 9 Q. B. D., 632 : 47 L. T., 493 : 47 J. P., 102.) 1868. [1267] ' AngeJl v. Paddington Vestry. Paving new street Church and land appurtenant not rateable. (Metropolis.) (37 L. J., M. C., 171 : L. R., 3 Q. B., 714 : 9 B. & S., 496 : 32 J. P., 742.) 1877. [1268] A.-G. v. Wandsioorth B. W. Paving expenses paid by mistake 3 years previously out of a Rate, when they ought to have been charged to owners Held that the Court could inter- fere and order the Board to levy on the owners, and recoup the current Rate with the proceeds. (4tj L. J., Ch., 771 : L. R., 6 Ch. D., 539.) 1871. [1269] Bermondsey Vestry v. Ramsay. Local Act An unsatisfied judgment against a former owner is no bar to an Action for Paving expenses against a tenant under a succeeding owner. (Metrop.) (40 L. J., C. P., 206: L. R., 6 C. P., 247 : 24 L. T., 429.) 1876. [1270] Birhenhead Improvement Commissioners v. San- som. Local Act Making and sewering of street laid out and thrown open to the public 17 years previously but not formally dedicated as a highway Held that the defendant, a frontager, was, nevertheless, liable. (34 L. T., 175 : 40 J. P., 406.) 1881. [1271] Birmingham Corporation \. Bolter. " Public Health Act, 1875," 257 The charge created by this Section is a charge not on the interest of any particular owner, but on the total ownership, i.e., on the respective interest of every owner for the time being in proportion to the value of his interest Therefore the charge affects the interest of mortgagee and takes priority over his mortgage. (L. R., 17 Ch. D., 782 : 46 J. P., 52.) 80 1272 PUBLIC HEALTH. 1288 [PART 1. 1886. [1272] Blaclcburn Corporation v. Micklethwaite. Local Act Mortgagee in possession held a " suc- cessive owner." (54 L. T., 539: 50 J. P., 550.) 1858. [1273] Blackburn, Mayor v. Parkinson. "Towns Im- provement Clauses Act," 149 and 210 : Local Act Paving a Street Recovery of "damages" Action not maintainable, but proceedings to be before Justices. (28 L. J., M. 0., 7 : 1 E. & E., 71 : 32 L. T., (o. s.), 91.) 1883. [1274] Bolton v. Bolton Corporation. "Public Health Act, 1875," 150 Evidence to prove dedica- tion of highway. (At Q. Sess.) (47 J. P., 505.) 1889. [1275] Boor v. Hopkins. "Public Health Act, 1875," 257 Charge on property Date of com- mencement of charge On death of father, son became liable personally where no sum- mary proceedings had been taken against father. (58 L. J., Ch., 285 : L. R., 40 Ch. D., 572 : 53 J. P., 467.) 1875. [1276] Bowles v. St. Mary's, Islington. Paving expenses Definition of " new street " This is a ques- tion of fact for the Sessions. (39 J. P., 757.) 1881. [1277] Caiger v. St. Mary's Islington, Vestry. "Metro- polis Management Act, 1855," 105, 250 " Baptist Chapel " on leasehold land held a " house," there being no dedication of it in perpetuity as a place of Worship Trustees liable for Paving expenses. (50 L. J., M. C., 59 : 44 L. T., 605 : 45 J. P., 570.) [See now the " Private Street Works Act, 1892."] 1870. [1278] Chelsea Vestry v. Evans. Paving expenses Held that if the necessary formnlities had been complied with, the Magistrate could not consider the expediency or excessive cost of the work. (35 J. P., 23.) 1871. [1279] Cook v. Ipswich L. B. H. "Public Health Act, 1848," 69 : " Local Government Act, 1858," 64 [=" Public Health Act, 1875," 150, 181] Apportionment of Paving expenses If a Surveyor's apportionment is found to be bad, he has a right to make another one Neither arbitrators nor Justices are entitled to enquire whether an amount alleged to have been expended has actually been so expended The remedy would be by a memorial to Local Government Board. (40 L. J., M. C., 169: L. B., 6 Q. B., 45: 24 L. T., 579.) 1869. [1280] Dodd v. St. Pancras Vestry. Liability of Owner Back Alley held to be a New Street. (Metropolis.) (34 J. P., 517.) 1876. [1281] Dryden v. Putney Churchwardens. An old public highway gradually built upon and made into a new street Held that it was technically a " new street " and that the paving expenses must be charged at the outset on the Owners. (Metropolis.) (L. R., 1 Ex. D., 223: 34 L. T., 69 : 40 J. P., 263.) 1886. [1282] Eccles v. Wirral B. S. A. " Public Health Act, 1875," 150 At proceedings for recovery of paving expenses Justices must consider whether street or no street : their functions fire not merely ministerial. (55 L. J., M. C., 106 : L. K., 17 Q. B. D., 107 : 50 J. P., 596.) 1889. [1283] Evans v. Newport 8. A. " Public Health Act, 1875," 150 Ancient footpath or highway altered, widened and added to and with new houses abutting on it held to be a new street and repairable by the frontagers The last clause of 150 is conclusive. (59 L. J., M. C., 8 L. R., 24 Q. B. D., 264 : 61 L. T., 684 : 54 J. P., 374.) 1891. [1284] Fenwick v. Croydon B. 8. A. " Public Health Act, 1875" Urban powers conferred in Rural District under 276 A certain road declared by Local Government Board to be a "street" within 150 This declaration held not to be necessarily conclusive, but the road held to be a " street " within 4 Portsmouth v. Smith and Jowett v. Idle fol- lowed ; Reg. v. Burnup doubted. (60 L. J., M. C., 161 : L. R., 2 Q. B., 216 : 65 L. T., 645 : 55 J. P., 470.) 1888. [1285] Field, In re. "Metropolis Amendment Act, 1862," 77 Will Question as to liability for paving works completed after death of tenant for life Held that though Will silent as to throwing burden on remaindermen, yet as the Section gave Board right to recover from Owner in possession when works were completed, remaindermen must pay. (W. N., 1888, p. 36: 84 Law Times Newspaper, p. 297 : 32 Law Journal, 257.) 1881. [1286] Gould v. Bacup L. B. H. " Public Health Act, 1848," 69 [=" Public Health Act, 1875," 150] Paving, &c., expenses Notice by Board that it intends to treat unpaid ex- penses as Private Improvement Expenses binds the Board so that it cannot recover afterwards by summary process. (50 L. J., M. C., 44 : 44 L. T., 103 : 45 J. P., 325.) 1883. [1287] Great Eastern Railway Co. v. Hackney B. W. Railway Company which had built a bridge across its line held liable to contribute to the paving of the roadway, such roadway being a " new street,'' and the Company owners of land " abutting on such new street." (52 L. J., M. C., 105 : L. R., 8 H. L., 687 : 49 L. T., 509.) [See now the " Private Street Works Act, 1892."] 1877. [1288] Grece v. Ilunt. "Local Government Act, 1858," 62 [ = " Public Health Act, 1875," 257] Paving expenses A notice of apportion- ment is not a " demand," and is essentially different from a "demand" The Section contemplates that some document be served SECT. 59.] 1289 PAVING EXPENSES. 1303 81 which shall pointedly remind the person in default that such is the case, and time runs from the service of this Notice. (46 L. J., M. C., 202 : L. R., 2 Q. B. D., 389 : 36 L. T., 404 : 41 J. P., 35(J.) 1888. [1289] Hackney B. W. v. Martin. A street once ordered to be paved Expenses apportioned Some irregularities Held nevertheless that the Board had exhausted its powers and could not set up another apportionment. (52 J. P., 708.) 1881. [1290] Hall v. Bootle Corporation. Building Laud In- tended road marked out 6 houses built a'luttinp: thereupon Abandonment by land- owner of her intentions, and rest of property, including site of proposed road, sublet for other purposes Road occasionally used by the public for 15 years Notice by Local Authority to landowner to sewer, pave, &c. Notice ignored, whereupon Local Authority did the Work Held that the mere setting out of an intended road is not such an irre- vocable act as that the person who does it is to be deemed to have dedicated the road to the Public; and therefore Paving, &c., Ex- penses held not recoverable from Lessee. (44 L. T., 873 : .29 W. R., 862.) 1875. [1291] Healey v. Batley Corporation. ' ; Public Health Act, 1848," 69 Piece of land alleged to be a street which the Corporation was entitled to have paved Injunction granted against the Corporation doing any paving Circum- stances which amount to an interruption to prevent a right of way being acquired by user. (44 L. J., Ch., 912 : L. R., 19 Kq., 375.) 1873. [1292] Ileslxth v. Atherton L. B. " Public Health Act, 1848," 69 Paving expenses In a dispute as to an apportionment the question of lia- bility remains open, even though notice has not been given within 3 months, but the ap- portionment is conclusive us to amount. (43 L. J., M. 0., 37 : L. R., 9 Q. B., 4 : 29 L. T., 530 : 38 J. P., 149.) 1872. [1293] lligijins v. Harding. Paving expenses Strips of land abutting on a street and used only to facilitate the repair of Railway Arches, held chargeable. (Metropolis.) (42 L. J.,M.C.,31: L. iC 8 Q. B., 7 : 27 L. T., 483 : 37 J. P., 677.) 1890. [1294] Ilornsey L. B. v. Brewis. "Public Health Act, 1875," 150 " Owner" Building used as a (" apel but also for a School and Institute, and for Bazaars and Concerts held not exempt. (60 L. J., M. C., 48 : [Brewis v. //.] 64 L. T., 288 : 55 J. P., 389.) 1889. [1295] Ilornsey L. B, v. Monarch Building Society. " Public Health Act, 1875," 257 Paving Expenses apportioned 11 years after execu- tion and proceedings taken to enforce same 13 vcars after date held barred. (59 L. .1., Q. B., 105 : L. R , 24 Q. B. D., 1 : 61 L. T., ,sc,7 : 54 J. P., 3JO.) 1859. [1296] Ulingworth v. Montgomery. " Public Health Act, 1848," 69 Street dedicated to the public Long user Owners held not liable for Paving expenses, for the facts showed a dedi- cation to, and adoption by, the Public. (2 L. T., 726: 24 J. P., 101.) 1870. [1297] Jarrow L. B. v. Kennedy. A Local Board cannot recover apportioned Paving expenses unless it can prove the service of the preliminary notice required by the " Public Health Act." (L. R., 6 Q. B., 128 : 19 W. R., 275.) 1888. [1298] Jowett v. Idle L. B. " Public Health Act, 1875 " Circumstances under which a private alley or court is to be deemed a " street " within 150 And this is a question of Law, not of fact The definition of "street" in 4 must be read into 150, according to the method of construction laid down in Portsmouth v. Smith Reg. v. Burnup disapproved. (57 L. T., 928 : W. N., 1888, p. 87 : 36 W. R., 530.) 1887. [1299] Kershaw v. Sheffield Corporation. " Public Health Act, 1875," 150 A Local Authority is not disentitled to recover apportioned expenses merely because it does the work more econo- mically than was originally contemplated. (51 J. P., 276.) 1885. [1300] Lightbound v. Higher Belington L. B. " Public Health Act, 1875," 150 Land separated from street by wall which, with ground on which it stood, belonged to a different owner Owner of first mentioned land held not liable for Paving expenses. (55 L. J., M. C., 94 : L. R., 16 Q. B. D., 577 : 50 J. P., 500.) 1878. [1301] Lister v. Hebden Bard cannot delegate to the Police its own powers to institute prose- cutions, the Police not being officers of a Local Board. (58 L. T., 229: 52 J. P., 725.) 1892. [137] London C. C. v. London School B. Building ercctid under statutory powers -which in- fringed the general Building l.asv of the County Council Held that the Special Act must prevail over the General Act. (L. R., 2 Q. B., 606.) 1878. [1377] Newington L. B. v. North Eastern Railway Co. Application by a Local Board to tho Railway Commissioners for an Order to compel a Railway Company to erect a station where none existed Judgment in part for the Board, with half the costs. (Times, Nov. 27, 1878 : 23 Solicitors' Journ., 301.) 1884. [1378] Ramndale, Ex parte. Local Board District about to be merged in adjoining Municipal Borough Peremptory Mandamus to Board to make a Rate before the extinction of the Board, to rep^y a debt duly incurred. (Times, March 25, 1884.) 188-. [1379] Reg. v. Bideford Corporation. Sums paid for expense of yearly dinners 1o Juries of a manor acquired by Corporation held illegal payments. (Municip. Corp. Assoe. Digest, col. 87.) 1883. [1380] St. Helen's Corporation v. St. Helen's Colliery Co. "Public Health Act, 1875." 227: Local Act Special ixemptims as to limit of Borough Rate held not to apply so as to ri-ttrict amount of Rates under the ' Public Health Act, 1875." (48 J. P., 39 : Affirmed on Appeal, Times, June 28, 1884.) 1890. [1381] Winsford L. B. v. CJieshire . Lines Committee. Proceedings by a Local Board to require a Railway Company to nsume working pas- senger traffic over a disused line Held that the Railway and Canal Commissioners had jurisdiction. (59 L. J., Q. B , 372 : L. R., 24 Q. B. D., 456 : 62 L. T., 268.) 63. PROVISIONAL ORDER. 1887. [1382] Burr v. Wimbledon L. B. An Action brought to enforce an obligation arising under a Pro- visional Order is not governed by tho ordi- nary Rules applicable to Actions tor specific performance, and can be maintained without joining the Trustee under the liquidation of a tenant for life, if land taken compulsorily. (56 L. T., 329: 35 W. R.,404.) SECT. 65.] 1383 SCAVENGING. 1400 87 1856. [1383] Clayton v. FemeicJt. " Public Health Act, 1818 " Provisional Order Local Act Powers of Local Boards as to Turnpike Gates. (25 L. J., Q. B., 226: 6 E. & B., 114: 27 L. T., (o ?.), 119.) 185k [1384] Llmvr v. Nor inch L. B. H. " Public Health Act, 1848": Local Acts Several parishes united to form a Local Government District Erl'cct of Provisional Order Repair of Streets District Rates. (23 L. J., Q. B., 203 : 3 E. & B., 517 : 2 C. L. R., 886.) 1865. [1385] Frciren v. Hastings L. B. " Public Health Act, 1818," 73 : " Local Government Act, 1858," 75 [ = " Public Health Act, 1875," 154, 17G] A Provisional Order has no validity till confirmed by Parliament, and cannot be removed by Certiorari with a view to its being quashed. (31 L. J., Q. B., 159 : [Reg. v. H.] 6 B. & S., 401 : 12 L. T., 346 : 29 J. P., 711.) 1867. [1386] Frewen v. Hi stings L. B. H. Extent of the authoiity conferred by a Provisional Order for the acquisition of land. (16 L. T., 553.) 1875. [1387] Morley, In re. "Tramways Act, 187o" The Costs of Solicitors employed in obtaining a Provisional Order are to be on the Chancery, not the Parliamentary, Scale. (L. R., 20 Eq., 17: 32 L. T., 524.) 1868. [1388] North Eastern Railway Co. v. Tynemouth, Mayor. A Provisional Order applying the "Public Health Act, 1848," but excepting so much of 88 [repeal i d, and not as a ichole re-enacted in the " Public Health Act, 1875," 211] as provided that Railways, &c., should only be assessed at one-fourth, &c., held void. (37 L. J., M. C., 183: L. R., 3 Q. B., 723 : 9 B. & S., 616: 32 J. P., 822.) 64. SALARY, &c. 1852. [1389] Add/son v. Preston, Mayor. A Salary chargeable on the Borough Fund cannot be recovered by Action of Debt, but possibly a Mandamus might lie to make a Kate for the purpose. (21 L. J., C. P., 146 : 12 C. B., 108 : 19 L. T., (o. s.), 181.) 1851. [1390] Bogy v. Pearsc. Commissioners under a Local Act Appointment of Officer not a contract Salary to be paid out of Rates Refusal to pay Salary R medy not by Indtbitatus Action, but by Mandamus, or Action on the case. (20 L. J., C. P., 99: 10 C. B., 53 1 : 16 L. T., (o. s.), 462.) 1862. [1391] Bush v. Beavan. Salary of Clerk in arrear A claim for a Mandamus under the "Common Law Procedure Act, lt>54," 68, is not sustainable if any other equally effectual remedy is available. (32 L. J., Ex., 54 : 1 H. & C., 500 : 7 L. T., 106.) 1863. [1392] Bush v. Martin. Salary of a Clerk in arrear A report by a Committee is not such an ac- knowledgment as would take a case out of the Statute of Limitations. ^33 L. J., Ex., 17: 2H. &C., 311: 8 L. T , 509.) 1868. [1393] Hall v. Taylor. Local Act Action by an at- torney against Commissioners for his salary as Clerk to be paid out of the Rates held maintainable. (27 L. J., Q. B., 311 : E. B. & E., 107: 31 L. T., (o. s), 151 : 23 J. P., 20.) 1863. " [1394] Mellish, Ex parte. Local Act A gratuity paid out of the Rates to a Vestry Clerk held illegal. (8 L. T., 47.) [Sed aliter as r. gards Poor Law Officers if the sanction of the Local Government Board be had. (C. O., 1847, Art. 172.)] 1859. [1395] Reg. v. Gloucester, Mayor. " Public Health Act, 1848 " Certiorari Gratuity to Surveyor for special services auxiliary to, but beyond the scope of his prescribed duties as Surveyor held legal. (33 L. T., (o. s.), 145 : 23 J. P., 709.) 1838. [1396] Reg. v. Norwich, Mayor. (1). " Municipal Corpora- tions Act, 1835," 66 Office not legally held for life, but usually so held and accepted on that understanding Compensation for loss of office held payable accordingly on a higher scale. (8 A. & E., 633.) 1871. [1397] Reg. v. Poor Law Board. Dissolution of Union Loss of office of Cleik of Guardians Profits made by an officer in performing extra dutus authorised by his employers held properly taken into account as enhan- cing the value of his office. (41 L. J., M. C., 16 : L. R., 6 Q. B., 785.) 1878. [1398] Slatteri/ v. Bean. " Metropolis Management Act, 1855" Action by a member of a Board of Works against the Board's Surveyor for accepting from the Board fees for special services over and above his salary Held that no Action lay, the fees not being received from private parties. (Metropolis.) (Times, April 11, 1878.) 65. SCAVENGING. 1884. [1399] Andrews v. West Ham L. B. Injunction granted to restrain a nuisance caused by the deposit of duet and refuse by Board and its con- tractor. (Times, July 12, 1884.) 1879. [1400] Collins v. Paddington Vestry. " Metropolis Ma- nagement Act, 1855," 125 Contract with Local Authority tliat plaintiff should remove "Dust" and "Refuse" Miscellaneous me- tal and other articles of value abstracted from the dust-carts by the dustmen, and retained by them for their own profit Held 88 1401 PUBLIC HEALTH. 1416 [PART I. that such articles were not ejusdem generis with " dust," &c., which the contractor was entitled to have, or for the detention of which ho was entitled to compensation. (48 L. J., Q. B., 345 : 40 L. T., 843 : 43 J. P., 367 : See also 49 L. J., Q. B., 612 : L. K., 5 Q. B. D., 368 : 42 L. T , 573.) 1883. [1401] Corrie v. Reddin. Action hy Freeholder for damage done to his estate by a Leaseholder excavating soil and filling up the holes with scavenger's refuse Damages awarded, 2000 ; and Injunction to ivmove the refuse and restore good soil. (Times, June 26, 1883.) 1892. [1402] Ellis v. Strand B. W. " Metropolis Management Act, 1855," 125 Neglect of Board duly to empty dust-bin Held that no Action lay against the Board because it had exercised the alternative conferred by Statute of enter- ing into a contract for the removal of dust, and that the Action should have been brought against Contractor. (67 L. T., 307.) [See now " Public Health (London) Act, 1891," 30.] 1837. [1403] Filby v. Combe. Scavenging Refuse A Sca- venger cannot claim dust, ashes, &c., which the owner does not desire to get rid of. (Metropolis ) (2 M. & W., 677 : 1 Jur., 721.) 1877. [1404] Gay v. Cadby. Ashes from engine at a Piano Factory held to be trade refuse notwithstand- ing tliat they were simply coal ashes unmixed with any foreign material. (46 L. J.. M. C., 260 : L. R., 2 C. P. D., 391 : 36 L. T.. 410 : 41 J. P., 503.) 1880. [1405] General Ice Well Co. v. Clerlsenwell Vestry and Stubbs. Premises used by defendants for storage of Dust, Refuse, and Manure In- junction to restrain such user refused, it being shown that every possible precaution had been taken to avoid a nuisance, and it not being shown that any nuisance did exist Plaintiffs left to their remedy by Action. (Times, Oct. 7, 1880.) 1883. [1406] Goodacre v. Watson. Injunction granted at suit of neighbours to restrain land from being used for deposit of house refuse, an'l before being built upon Per Fry, J. : " It was nothing short of horrible to think that persons should seek to place foul vegetable and animal matter as foundations for build- ings, and then come into Court to defend such conduct." (Times, Feb. 23, 1883.) 1876. [1407] Holborn Guardians v. St. Leonard's, Shoreditch, Vestry. Workhouse rated by Statute at a specially low figure Held that this did not disentitle the Guardians to liave their dust removed just as an ordinary householder. (46 L. J., Q. B., 36 : L. R., 2 Q. B. D., 145 : 35 L. T., 400 : 40 J. P., 740.) 1848. [1408] Law v. Dodd. Ashes from a brass- founder's furnace arc not claimable by a Scavenger. (Metropolis.) (17 L. J., M. C., 65 : 1 Ex , 845 : 10 L. T., (o. 8 ), 286, 309.) 1892. [1409] London & Provincial Laundry Co. v. Willesden L. B. " Public H( alth Act, 1875," 4, 42 Clinkers produced from boilers at a Steam Laundry held not " house refuse," although a dwelling-house for the manager forme 1 part of the premises The definition of " house " in 4 is not to be read into 42. (L. R., 2 Q. B., 271 : 56 J. P., 696.) 1879. [1410] London General Omnibus Co. v. Mead. Action against a scavenger for storing and sifting dust and refuse so as to be a nuisance Proceedings before Jessel, M.R., abandoned on defendant undertaking not to carry on his business so as to be a nuisance, and agreeing to pay costs. (Times, Dec. 10, 1879.) 1857. [1411] Lyndon v. Standbridge. " Towns Improvement Clauses Act, 1847," 87 Commissioners held not bound to remove ashes and rubbish produced at a manufactory. (26 L. J., Ex., 386 : 2 H. & N., 45 : 29 L. T., (o. s.), 111.) 1869. [1412] Margate Pier Co. v. Margate L. B. II. " Nuisances Removal Act, 1855," 12 [ = " Public Health Act, 1875," 95] Nuisance Seaweed Held that the Comp.my was an " occupier " and bound to remove drifted seaweed. (20 L. T., 564 : 33 J. P., 437.) 1884. [1413] Metropolitan B. W. v. Eaton. " Metropolis Management Act, 1855," 205 Scavenger who had swept mud into sewer held duly convicted of an offence against the Act. (50 L. T., 634 : 48 J. P., 611.) 1890. [1414] Reg. v. Bridge. " Metropolis Management Act, 1855," 129 A Magistrate held that ashes and clinkers from a furnace which provided an hotel with electric light were not trade refuse, and he refused to state a case on the ground that the matter was one of fact and not of law Held that he was bound to state a case. (59 L. J., M. C., 49: L. R., 24 Q. B. D., 609 : 62 L. T., 297 : 54 J. P., 629 ) 1890. [1415] St. Martin's Vestry v. Gordon. " Metropolis Management Act, 1855," 128 Clinkers from the Boilers of an Hotel held not to be trade Refuse Gay v. Cadby considered. (60 L. J., M. C., 37 : L. R., [1891] 1 Q. B., 61 : 64 L. T., 243 : 55 J. P., 437.) 1858. [1416] Sinnot v. WJiitechapcl B. W. Scavenging con- tract Transfer of powers of Commissioners Action properly brought against the sub- stituted Authority. (Metropolis.) (27 L. J., C. P., 177 : 3 C. B., (N. s.), 674 : 31 L. T., (o. s.), 84.) SECT. 66.] 1417 SEAL. 1431 89 1879. [1417] Williamson v. St. Mary's, Islington, Vestry. Con- tract to remove house-refuse at stated in- tervals One condition, a fine for every instance of default, the Vestry being sole judges Such fines to be deducted from contract money Held that on the evidence the Vestry was entitled to enforce the penalties for broach of contract. (Times, June 19, 1879.) 66. SEAL. %* See also "Accountant" ( 1, ante); "Ap- pointment of Officers " ( 5, ante) ; and "Contract" (22, ante). 1882. [1418] A.-G. v. Gasldll. " Public Health Act, 1875 " An agreement between a Board and a person that a pending Action bhould be settled by his undertaking not to do a certain thing, and to pay the Costs of the Action, is not a contract under 173 requiring to be sealed under 174, and therefore may be enforced though unsealed. (52 L. J., Oh. 163 : L. K., 22 Ch. D., 537 : on a point of Practice, 51 L. J., Ch., 870.) 1867. [1419] Barnsley L. B. v. Sedg-icick. Appointment of com- mittees by a Local Board Neither the re- commendations of a Committee, if acted upon by the Board, nor the Acts of the Board generally, need to be sealed and signed by five Members. (36 L. J., M. C., 65 : L. R., 2 Q. B., 185 : 8 B. & 8., 202 : 15 L. T., 5(59 : 31 J. P., 165.) [As regards the signatures this question could not now arise since the p issing of the " Public Health Act, 1875," 7-] 1884. [1420] Bournemouth Commissioners v. Watts. Non- compliance with notice to pave Thereupon Bonrd employed contractor to do the work, but had no contract with him under seal They paid liirn, and on suing Ihe frontager he set upas defence that the paving contract was void Held no defence for him. (54 L. J., Q. B., 93 : L. K., 14 Q. B. D., 87 : 51 L. T., 823: 49 J. P., 102.) 1888. [1421] Dartford Union v. TricJcett. Contract intended to be under seal verbally altered by one party the other party assenting : held enforce- able when duly sealed. (59 L. T., 754 ; 53 J. P., 277.) 1858, 1861. [1422] Frend v. Dennet. "Public Health Act, 1848," 85 [= " Public Health Act, 1875," 173- 4] A contract by a Local Board is void if not under ^eal All contracts under a Statute must be made in the mode prescribed by the Statute Powers to be strictly con- strued. (27 L. J., C. P., 314 : o C. B., (N. s), 576 : In Equity, 5 L. T., 73.) 1830. [1423] Ludloiv, Mayor v. Charlton. A contract by a Municipal Corporation to pay money out of the Corporate Funds for Improvements must be under seal. (6 M. & W., 815 : 9 C. &. P., 242 : 10 L. J., Ex., 75.) 1887. [1424] Merchants of the Staple of England v. Bank of England. Negligence as to custody of Cor- porate Seal Pecuniary loss by unauthorised use Stock wrongfully sold and transferred Held that the Plaintiffs were entitled to maintain the Action to compel the Bank to replace the Stock. (57 L. J., Q. B., 418 : L. R., 21 Q. B. D., 160 : 52 J. P., 580.) 1882. [1425] Beg. v. Normch, Mayor. (2). " Municipal Corpora- tions Acts": "Public Health Act, 1875," 174 Street paved, several tradesmen sup- plying materials No contracts under seal Separate amounts under 501. with one excep- tion The work being useful and the prices reasonable, the Court held that there would be no misapplication of the Borough Fund. (46 J. P., 308 : W. N., 1882, p. 74 : 30 W. R., 752.) 1870. [1426] Smith v. Hirst, "Public Health Act, 1848," 149 The seal of a Local Board is only needed to acts which sanction the acts of others Appointments of officers need not be under seal. (23 L. T., 665 : 35 J. P., 247 ) 188-. [1427] Stevens v. Hounslow Burial B. "Burial Act, 1852," 31 Contract for repairs under seal During progress of works several additional minor repairs became evidently necessary, and were done under the direction of the Board's Surveyor Held that such further repairs ought also to have been done under a sealed contract, and not having been so done could not be recovered. (61 L. T., 839 : 54 J. P., 309.) 1864. [1428] Button v. Spectacle-Makers Co. A retainer of an Attorney by a Corporation to conduct an opposition to a Bill in Parliament must be under the common seal. (10 L. T., 411 : 12 W. R., 742.) 1888. [1429] Tunbridge Wells Commissioners v. Southborough L. B. Agreement between 2 Boards for transfer of land to be formed into a highway Petition under seal to Local Government Board for requisite powers, but no agreement under seal between the Boards Held that therefore the contract could not be enforced ; and that even if it had been in due form as regards seal the whole proposed bargain was ultra vires. (60 L. T., 172.) 1885. [1430] Wandsworth B. W. v. Heaver. Negotiations by letter for the sale of land The negotiations not having been brought to a head by an agreement under seal, Held that plaintiffs could not enforce the alleged contract. (Times, Dec. 1, 1885.) 1875. [1431] Wells v. Kingston-upon-Hull, Mayor. Circum- stances under which a contract with a Cor- 90 1432 PUBLIC HEALTH. 1444 [PART poration need not bo under seal set out with some fulness. (44 L. J., C. P., 257 : L. R., 10 C. P., 402 : 32 L. T., 615.) 1882. [1432] Young v. Leamington Corporation. Contract under seal lo construct Waterworks On de- fault of contractor new contract not under seal with Plaintiffs to finish the job Job finished to the satisfaction of defendant's Engineer and various sums paid Contracts made by a Town Surveyor within the scope of his authority arc not binding on his em- ployers unless under seal in accordance with the "Public Health Act, 1875," 174, and therefore the unpaid balance claimed for extras, &c., held not recoverable. (L. R., 8 App. Cas., 517 : 49 L. T., 1 : 47 J. P., 6GO.) 67. SEA-SHORE. 1880. [1433] A.-G. v. Tomline. Injunction granted to restrain removal of shingle on sea-shore, so as to endanger land An obligation lies on every subject to do nothing to destroy the natural banks of a river or of the sea Redress may in such cases be obtained by an adjacent owner prejudiced. (49 L. J., Ch., 377 : L. R., 14 Ch. D., 58 : 42 L. T., 880 : 44 J. P., 617.) 1866. [1434] *Bridgewater Trustees v. Bootle-cum-Linacre Sur- veyors of Highways. Assessment of Docks In the absence of evidence it is not to be presumed that land between the high and low water mark of a tidnl river belongs to the adjoining parish. (36 L. J., Q. B., 41 : L. R., 2 Q. B., 4 : 15 L. T., 351.) [But the Act 31 & 32 Viet., c. 122, 27, passed since this case was decided, provides that the soil as far as low water mark inclusive, shall be deemed to belong to the adjacent parish.] 1860. [1435] Embleton v. Brown. The sea-shore between high and low water mark is within the jurisdiction of Justices of the adjoining County. (HO L. J., M. C., 1 : 3 E. & E., 234.) 1886. [1436] Fobbing Commissioners of Sewers v. Eeg. 3 & 4 Will. IV., c. 22, 13, 46 : " Land Drainage Act, 1861," 33 Duties of Owners of Lands fronting a Sea Wall to keep same in repair against ordinary Storms and against extra- ordinary Storms. (56 L. J., M. C., 1 : L. R., 11 App. Cas., 449: [f. v. Abbott] 55 L. T., 493 : 51 J. P., 227.) 1880. [1437] Ijaird v. Bri'ggs. Action to restrain removal of sand, bhingle, and chalk from a Foreshore, and the use of the same as a Bathing- machine station Practice Statute of Limi- tations A Tenant of a Reversioner suing within 3 years of death of Reversioner, held nevertheless not entitled to Judgment, being merely the owner of an easement. (45 L. T., 238 : L. R., 8 Q. B. D., 22.) 1880. [1438] London & North Western Railway Co. v. Fleet- wood L. B. Application for Injunction to restrain defendants from removing btones and shingle from a harbour shore Dispute as to jurisdiction over the locus in quo Order by consent; plaintiffs to supply de- fendants on demand annually with a pre- scribed maximum quantity of stones from other sources; defendants not to interfere with the locus in quo. (Times, Dec. 8, 1880.) 1884. [1439] Plimmer v. Wellington, Mayor. License from Crown to erect jetty on foreshore in tidal water Jetty afterwards extended at the request and for the use of the Govern- ment Held that the license had, after 30 years, become irrevocable, constituting for the plaintiff an estate in the land l Acts. (53' L. J., P. C., 105: L. R., 9 App. Cas., 699 : 51 L. T., 475.) 1878. [1440] Reg. v. Commissioners of Sewers for Sussex. 3 & 4 Viet., c. 22 Sea-bank partly washed away Default of Commissioners to repair, on the ground that the cost would be out of all proportion to the public benefit Mandamus granted for the Commissioners to n p iir, the merits of the case to be argued on the return of the writ. (Times, June 25, 1878.) 68. SEWER. 1884. [1441] Acton L. B. v. Batten. " Public Health Act, 1875," 4, 13 A drain in new strci-t laid by owner of houses to drain these hou&es and other houses is not a " sewer made for profit" "Sewer" in said Act should receive largest possihle interpretation A drain is a " sewer " when more than one house b.;;s been connected with it. (54 L. J., Ch. D., 251 : L. R., 28 Ch. D., 283 : 52 L. T., 17 : 49 J. P., 357.) 1882. [1442] A.-G. v. Acton L. B. " Public Health Act, 1875," 15 and 23 An existing right to send the sewage of one district into the sewers of another is subject to limitations; tin quantity cannot be increased except by consent. (52 L. J., Ch., 108 : L. R., 22 Ch. D., 221 : 47 L. T., 510.) 1876. [1443] A.-G. v. General Sewage Co. Scwsige wnrks leased from a Local Board by a Company Default in performance of covenants to remove sewage. (Times, July 28, 187H.) 1891. [1444] A.-G. v. St. James and St. John, Clerkenwell, Vestry. A claim for Injunction by the B. Local Authority for nuisance arising within the district of the C. Local Authority by reason of sewage overflowing from the latter into the former, through communications sanctioned in time past by the C. Authority Held that C. could not stop up communica- tions which it had sanctioned; that it could not proceed against owners within the C. limits; that it could not be proceedi d against SECT. 68.] 1445 SEWER. 1460 91 by Injunction (A.-G. v. Dorking); and lhat (Glossop v. He&tori) no Injunction could be granted against the C. Board on any other grounds On C. undertaking not to sanction any new communications, Injunction refused. (60 L. J., Ch., 788 : L. K., 3 Ch., 527 : 65 L. T., 312.) 1882. [1445] Tinker v. St. Pancras Vestry. Injunction to restrain erection of urinal, refuse, d Per Jessel, M.Il. : " A wide ttrect is a much more suitable place for a urinal than a narrow quiet street." (Times, July 29, 1882.) 1877. [1446] Barrow v. Yorkshire, W. It., JJ. " Public Health Act, 1875," 94-6 and 255 Dispute be- tween an owner and a tenant as to the right to use a private sewer An existing connec- tion cut by former Stoppage of the sewage, and a nuisance the result Order for abate- ment of the nuisance by renewing the connection held good. (41 J. P., 716.) 1886. [1447] Bateman v. Poplar B. W. (1). " Metropolis Management Act, 1855," 250 Action against Board for nuisance arising from smells "Drain" or "sewer" Ownership. (56 L. J., Ch.. 149 : L. R., 33 Ch. D., 360 : 55 L. T., 374.) 1887. [1448] Bateman v. Poplar B. W. (2). " Metropolis Management Act, 1855," 72 Circumstances under which the duty of keeping sewers vested in a Board free of nuisance is not an absolute duly, but only a duty to use all reasonable care and diligence Hammond v. St. Pancras followed. (57 L. J., Ch., 579: L. R., 37 Ch. D , 272 : 58 L. T., 720.) 1889. [1449] Bathard v. City Commissioners of Sewers. Local Act Such an exprc ssion as '' nearest common sewer " means not necessarily the sewer which is actually the nearest, but the nearest sewer which a house-owner exercising his ordinary proprietary rigl.ts can g<.t access to. (54 J. P., 135.) 1863. [1450] Biddulph v. St. George's, Hanover Square, Vestry. Erection of a urinal Injunction refused, the evidence not si lowing a probable nuis- ance, or any excess of powers, or improper motive. (33 L. J., Ch., 411 : 8 L. T., 558 : 2 N. R., 212.) 1883. [1451] Bird v. Brentford Union. Application for Injunction to restrain entry on land to lay a sewer under the " Public Health Act, 1875," 16, no proper statutory notice having been previou.-ly given On it being shown that a notice had been given 5 days nfter the entry, and that no n al inconvenience had been cuu&ed, Injunction refused. (Times, July '2, 1883.) 1885. [1452] Birlcenhead, Mayor v. London & North Western Railway Co. Embankment formed over sewer rendering access to sewer for repairs very difficult Held that Corporation could not claim compensation from Railway. (55 L. J., Q. B., 48 : L. R., 15 Q. B. D., 572 : 50 J. P., 84.) 1887. [1453] Bonella v. TmcJcenham L. B. ''Public Health Act, 1875," 150 The powers of 150 mutt be exercised within a reasonable time If a sewer large enough for its work when con- structed becomes inadequate, and a larger one is needed, the Local Authority must pay for it. 57 L. J., M. C., 1 : L. R., 20 Q. B. D., 63 : 58 L. T., 299 : 52 J. P., 356.) 1887. [1454] Burton v. Acton. " Local Government Act, 1858," 34 Tub closets are " privies " within the "Public Health Act, 1875 " By-Laws re- quiring deposit of plans, and rendering it an offence to deviate from them, held good. (51 J. P., 566.) 1866. [1455] Chambers v. Eeid. " Metropolis Management Act, 1855," 88 and 106 Erection of a urinal at joint cost of Defendant and a Local Authority against plaintiff's wall Action for trespass Defendant held entitled to Notice of Action as a person acting under the direction of the Local Authority. (Me- tropolis.) (13 L. T., 703 : 14 W. R., 370.) 1859. [1456] Clarke v. Paddington Vestry. Construction of a Sewer along a New Street by a landowner under a misapprehension of his liability No obligation on him to extend the length of such Sewer when he extends the length of the Street. (Metropolis.) (32 L. T., (o. s.), 238 : 5 Jur. (N. s.), 138.) 1866. [1457] Cleckheaton Industrial S. H. Society v. Jacltson. "Public Health Act, 1848," 45 [ = " Public Health Act, 1875," Iti] Construction of Sewer Notice as to an intended sewer is " reasonable " when it specifics the object and describes the direction to be taken Map not necessary. (14 W. R., 950.) 1874. [1458] Clegg v. Castleford L. B. H. Bricking up of a Sewtr to stop passage of r. fuse from Malt Kilns Injunction to remove obstruction granted : " it was a wanton and outrageous act." (W. N., 1874, p. 229.) 1887. [1459] Daren th Sewage B. v. Dartford Union. "Public Health Act', 1875," 229-30, 283-4 A Joint Board must apportion ' contributions according to the rateable value of the properties in the component districts accord- ing to the Valuation Lists ; and lands, &c., are to be taken at the full value so appearing and not at the one-fourth valuf. (56 L. J., Q. B., 615: L. R., 19 Q. B. D., 270: 57 L. T., 233.) 1869. [1460] Derby (Earl of) v. Bury Improvement Commis- sioners. " Nuisances Removal Act, 1855," 22 [ = " Public Health Act, 18V5," Itjj A Local Authority in laying down a new 92 1461 PUBLIC HEALTH. 1475 [PAliT I. Sewer is not bouud to follow the line of an old water-course. (38 L. J., Ex., 100 : L. R., 4 Ex., 222 : 20 L. T., 927.) 1881. [1461] Dudley Corporation, In re. " Public Health Act, 1875," 15, 16, 175, 308 A Local Authority faking a scw-r through private lands is entitled to subjacent support for such tewer, but must compensate the landowner for the consequent interference with his freedom to work minerals lying underneath But com- pensation not payable for prospective injury by percolation. (51 L. J., Q. B., 86 : L. R., 8 Q. B. D., 86 : [Dudley, Mayor v. Dudley Trustees'] 45 L. T., 733 : 46 J. P., 340.) 1878. [1162] Ellissen v. Lawrie. Action against an architect for neglect properly to superintend, in ac- cordance with an agreement, the erection of sewer pipes, &c. Pipes improperly laid by builder Escape of foul gas Illness of family Expenses incurred by owner in further repairs and for medical attendance Verdict for the plaintiff. (Times, Feb. 19, 1878.) 1889. ' [1463] Fairbrother v. Bury R. S. A. Injury to house- caused by excavations in making a sewer Held that though more than 6 years had elapsed yet as negligence was proved and the damage was both gradual and continu- ing the plaintiff was not deprived of his remedy. (Times, April 3, 1889.) 1881. [1464] Fleming v. Manchester, Mayor. Bursting during a storm of an old sewer, out of repair, where- by cellars under a house were flooded, founda- tions were undermined, and house fell down - Verdict for plaintiff held good, the evidence showing that the Local Authority had en- f irely neglected to inspect the sewer and that due inspection would have disclosed before the accident the imminency of the danger Remarks by the Court on the duty of inspect- ing sewers from time to time. (44 L. T., 517 : 45 J. P., 423.) 1876. [1465] Fulhum B. W. v. Goodwin. Public Sewer con- structed at the cost of owners, taken up after the lapse of years and reconstructed Held that the subsequent outlay could not be apportioned on the adjacent owners, but inuft be charged to the Rates. (L. R., 1 Ex. D., 400: 35 L. T., 907 : 41 J. P., 131.) 1879. [1466] Glossop v. Heston and Isleworth L. B. Stream polluted by sewage, which it was alleged that the Local Authority ought to have excluded from the stream by sewers con- structed for the purpose Injunction to restrain the continuance of the user of the stream as a sewage outfall refused, the Board itself having done nothing to create or increase the nuisarce The plaintiff might have proceeded by way of application for a Prerogative Mandamus to enforce the con- struction of sewers. (49 L. J., Ch., 89 : L. R., 12 Ch. D., 102 : 40 L. T.,736 : 44 J. P., 36 ) 1892. [1467] Graham v. Newcastle-on-Tyne Corporation. Square held by Corporation subject to a Covenant to keep it "open and unbuilt upon" To erect a half-sunken Urinal held not a breach ( f covenant A Urinal is not necessarily a " nuisance " Injunction refused. (67 L. T., 260.) 1859. [1468] Haytcard v. Lowndes. A Local Board has no power to go out of its District to make Sewers. (28 L. J., Ch. 400 : 4 Drew., 454 : 32 L. T., (o. s.), 366.) [Such a power is, however, for purposes of outfall or distribu- tion, now given by the " Public Health Act, 1875," 16.] 1870. [1469] Holt v. Rochdale, Mayor. Local Act New Si-wer A Corporation prohibited from making a new sewer into a river is not permitted to enlarge an old one Injunction granted, (39 L. J., Ch., 761 : L. R., 10 Eq., 354 : 23 L. T., 43 : 35 J. P., 6.) 1861. [1470] Hughes v. Metropolitan B. W. When forming a sewer a Board need not of necessity do rnoro than make compensation to the landowner Purchase of land or of easement is not essen- tial. (Metrup.) (4 L. T., 318 : 9 W. R. 517.) 1891. [1471] Kirkheaton L. B. v. Ainley. (1). " Public Health Act, 1875 " 17 does not affect the right conferred by 21 upon an owner, &c., to drain into an existing public Sewer : it is for the Local Authority to see that its sewers are so arranged as not to contravene S 17. (60 L. J., Ch., 734.) 1880. [1472] Lamacraft v. St. Thomas's Rural Sanitary Autho- rity. "Public Health Act, 1875," 16, 19, 27, 305 Proposed sewer Refusal by plain- tiff, a landowner, to permit entry Whereupon forcible entry Injunction to restrain works granted, it being shewn that such works when finished must of necessity create a nuisance 305 allowing entry under Jus- tice's Order does not apply to "entry to con- ttruct sewers under 16. (42 L. T., 365 : 44 J. P., 441.) 1855. [1473] Maidenhead L. B. II., In re. Application for Mandamus to make sewers refused, as there had been no formal demand upon or refusal by the Board. (26 L. T. (o. s.), 104.) 1876. [H74] Mason v. Wallasey L. B. Proposed erection of urinal Injunction to restrain refused, no mla fides being shown A Local Board must be considered as elected to settle such questions, and to be well able to know what is requisite. (L. J., Notes of Cases, 1876, p. 212 : Times, Dec. 9, 1876.) 1892. [1475] Header v. West Cowes L. B. "Public Health Act, 1875," 13, 15, 19 Several houses drained into one cess-pit, the overflow from SECT. 68.] 1476 SEWER. 1489 93 which crossing, without licence, the laud of a neighbour eventually reached a river Overflow blocked by neighbour and sewage diimmed br.clc on to plaintiffs land Held that the neighbour had acted within his rights ; that plaintiff himself was in default and could not make the board responsible for the overflow pipes as being a public " sewer." (61 L. J., (Jh., 5G1 : L. R., 3 Ch., 18.) 1883. [1476] Mtrrett v. Bridges. Grant of lands subject to a rent-charge in respect of use of roads and suwer Effect of roads and sewer becoming vested in a Local Authority Rent-charge held still in force. (47 J. P., 775.) 1881. [1477] Metropolitan B. W. v. London & North- Western llaihcay Co. "Metropolis Management .Amendment Act, 1862," 61 Houses out- side the jurisdiction of a Board allowed to use the tewers of the Board Held that this privilege d.d not extend to new buildings erected subsequently, although forming part of the first-named block Injunction granted Semble, that if Board had given written consent and fixed the size of the drain, the defendants might then have used it to the lull extent of its capacity. (50 L. J., Ch., 409 : L. R., 17 Ch. D., 246 : 44 L. T., 270.) 1884. [1478] Metropolitan B. W. v. Willcsden L. B. iiights of Local Authorities just outside the Metro- polis as to user of Metropolitan sewers. (Times, Aug. 9, 1884.) 1888. [1479] Mogg v. Boclien. Motion to restrain the erection of a "kiosk" urinal at the junction of '2 roads on a site grunted by the Vestry In- junction refused, no adequate proof being forthcoming that the premises would be a nuisance. Sed quzere, Has a Metropolitan Vestry power under 18 & 19 Viet. c. 120, 88, to delegate to a commercial firm its powers of erecting public conveniences? (Times, Nov. 1, 1888.) 1889. [1480] Molloy \. Gray. " Public Health (Ireland) Act, 1878," 15, 17, 21, 23 Householders have a right to use water-closets, and the obligation cast upon a Sanitary Authority to construct " effectual " sewers includes sewers fit to carry away matter from water-closets, which otherwise would be apt to create a nuisance. (-24 L. R., Ir., 258.) 1884. [1481] National Model Dwellings Co. v. St. George's, Southward, Vestry. Proposed erection of Urinal at junction of two streets Injunction to restrain erection refused, it not being shown that any special nuisance was to be anticipated. (Loc. Gov. CJiron., Feb. 9, 1884.) 1883. [1482] New Eicer Co. v. Ware Union. " Public Health Act, 1875," 16 This section must be read as it some such words as " after giving reason- able notic< , &c.," were at the end thereof Reasonable notice to owner or occupier is a condition precedent to the right of a Local Authority to construct a sewer elsewhere than along a public highway. (18 L. J., Notes of Cases, 20.) 1879. [1483] Newington L. B. v. Cottingham L. B. Agreement dated 1874 between two Local Boards that the sewage of the C. District should be all i wed to enter the sewers of the X. District, tubject to the restriction that no sewage from any third district s-hould be admitted Claim by outside landowners to use the C. sewers in accordance with the provisions of the " Public Health Act, 1875," 22 Held that they might do so, 22 operating to repeal the conditions of the agreement of earlier date. (48 L. J., Ch., 226 : L. R., 12 Ch. D., 725 : 40 L. T., 58.) 1875. [1484] Nuncaton L. B. v. General Sewage Co. Lease of Sewage and Works to a Public Company Neglect to perform the Covenants Injunc- tion granted to restrain the Defendants from keeping Sewage matter in the Town Sewers, followed by a second Injunction to restrain them pouring Sewage into a river. (44 L. J., Ch., 561 : L. R., 20 Eq., 127.) 1858. [1485] Parsons, Ex parte. Alleged necessity that a sewer ought to be constructed Mandamus to a Local Board n-fused Applicant to make a simple demand that a duty be discharged. (22 J. P., 68.) 1887. [1486] Pinnockv. Waterworth. "Public Health Act,1875," 4, 13, 15, 19 A line of pipes with cess- pool at end receiving drainage of several houses is a " Sewer " Such a ."Sewer con- structed by a builder as the best and quickest mode of drainage is not a " Sewer made for purposes of profit " Held, therefore, that under 13 such pipes and cesspool were vested in the Local Authority, which became liable to maintain and cleanse same. (3 Times L. R., 563.) 1879. [1487] Reg. v. CluttonUnion. ' Public Health Act, 1875," 35 Whether rebuilt cottages shall eacli have a separate! privy, or whether one shall be deemed sufficient for 2 cottages, is a fit matter for the discretion of Justices. (48 L. J., M. C., 135 : 43 J. P., 332 : [Clutton v. Tointing~] L. R., 4 Q. B. D., 340 : 40 L. T., 845.) 1866. [1488] Reg. v. Godmanchester L. B. H. Natural Water- course, receiving a little sewage held not to be a " Sewer " within the " Public Health Act, 1848," 43 [ = " Public Health Act, 1875," 13] Mandamus under 58 [repealed] held not euforct-able, as it did not show that the person causing the nuisance had failed to comply with a notice to abate it. (35 L. J., Q. B., 125 : L. R., 1 Q. B., 328 : 5 B. & S., 936 : 14 L. T., 101.) 1884. [1489] Reg. v. Greenwich B. W. A District Board can- not withhold sanction from new sewers to be 94 1490 PUBLIC HEALTH. 1506 [PART I. constructed by a landowner by way of coin pelling him to pay a sum for supervision o such sewers. (Metrop.) (1 Cab. & Ellis., 236.) 1890. [1490] Reg. v. Paddington Vestry. " Metropolis Manage- ment Act, 1855," ?i5 4 houses using one drain Order of Vestry that each house shoulc be separately connected with the main sower Held that the Veslry must make the con- nections at its own expense. (55 J. P., 52.) 1888. [1491] Reg. v. Staincs L. B. A Lo al Board has only a qualified property in the sewers within its district, and cannot prevent persons who have acquired a prescriptive right to u->c them from doing so unless it finds other sewers equally effectual. (60 L. T., 261 : 53 J. P., 358.)" 188.'). [1492] lleg. v. Wandsworlh B. W. " Metropolis Manage- ment Amendment Act, 186'2," 4"-8 Deposit of plans of proposed sewers Duty of District Board. (49 J. P., 806 ) 1879. [1493] Iliddell v. Spear. "Public Health Act, 1875," 91-111 Sewer constructed by landlord through land lease.l by him to tenant, but without tenant's consent, and without com- pensation being made to him Sewer be- came vested in Local Authority Sewer stopped up by tenant Nuisance thereupon created Hell that the tenant was rightly convicted as the person by whose act the nuisance arose or continued, and this, although the locus in quo of the nuisance was elsewhere, (40 L. T., 130: 43 J. P., 317.) 1877. [1494] Roderick v. Aston L. B. "Public Health Act, 1875," 16 Held that the words "into, through, or under " entitled a Local Autho- rity to carry a sewer along an artificial embankment above the ground level In- junction refused Remedy, proceedings for compensation. (46 L. J., Ch., 802: L. R., 5 Ch. D., 328 : 36 L. T., 328 : 41 J. P., 516.) 1883. [1495] Sandgate v. Lenney. Sewer carried through pri vate land Covenant in Deed granting Board access to Sewer held not broken by defendant merely by building over a portion of the ground, seeing that reasonably convenient access to sewer could still be had at all time. (Times, Aug. 2, 1883: L. K., 25 Ch. D., 183, u.) 1877. [1496] Searle v. Bar net L. B. Forcible entry on land by workmen of a Local Board in order to connect the drain of a house with a public sewer Allegation that, owing to the carelessness of the workmen, a well of good water had been injured Action for damages Verdict for plaintiff, the owner of the house and land. (Times, Dec. 1, 1877.) 1885. [1497] Sellers v. Matlock Bath L. B. " PuUie Health Act, 1875," 39 Urinal erected by Board partly on highway and partly on private land, ordered to be removed Board not en- titled to say that Plaintiffs remedy was com- pensation under 308 Notice of Action under 261 not necessary Board held en- titled to place kerb-stones on highway even though they were some hindrance to persons approaching plaintiff's property (an inn). (L. R., 14 Q. B. D., 928 : 52 L. t., 762.) 1882. [1498] Suloits v. Wimlledon L. B. Use of land for sewage farm Allege;! nuisance Conflict of evidence The Court will hesitate to grant an Injunc- tion against a public Body entrusted l>y Statute with important duties, especially where the granting of such Injunction might be pre- judicial to the public by breeding pestilence. (Times, Aug. 8 and 9, 1882.) 1886. [1499] Serff v. Acton L. B. Right of way over land taken compulsorily for sewage works. (55 L. J., Ch., 569 : L. R., 31 Ch. D., 079 : 54 L. T., 379.J 1835. [1500] Soadij v. Wilson. Sewers Rate Properties may be liable even though the benefit may not be immediate. (3 A. & E., 248 : 4 N. & M., 777 : 1 H. & W., 256.) 1886. [1501] St. John, Ilampstead, Vestry v. Cotton. Sewer in distnrnpiked road Held that owner of land abutting thereon was not chargeable St. Giles, Cam'terwell v. Wetter, and Sheffield v. Fulham followed : Sawyer v. Paddington dissented from. (56 L. J., Q. B., 225 : L. R., 12 App. Cas., 1 : 56 L. T., 1 : 51J. P., 340.) 1885. [1502] St. John, Hampstead, Vestry v. Hoopel. " Metro- polis Management Act, 1855," 78 : " Amend- ment Act, 1862," 112 Connection of private drains with sewers Right of Vestry to do the work in street virtually a highway though not taken over. (54 L. J., M. C., 147 : L. R., 15 Q. B. D., 652 : 49 J. P., 741.) 1865. [1503] St. Marylelxme Vestry v. Viret. Unnecessary New Sewer and connections Board and not owner held liable for the expenses. (34 L. J., M. C., 214 : 19 C. B., (N. s.), 424 : 12 L. T., 673.) 1879. [1501] Swaiiftonv. Twickenham L. B. Sewer construct- d along public road with man-hole on plaintiff's land Man-hole erected without leave, and yielding noxious smells If such a structure is necessary, the Board may construct it without purchasin? a site for it, the land- owner being entitled to compensation only A man-hole is part of a " Sewer." (48 L. J., Ch., 623 : L. R., 11 Cii. D., 838 : 40 L. T., 734.) 1867. [1505] Thornton v. Nutter. A sewer is merely an ease- ment, and to make it, proceedings under the "Lands Clauses Act, 1845," to acquire land are not requisite. (31 J. P., 419.) 1880. [1506] Vernon v. St. Jamcff* Vestry. Action to restrain erection of a urinal on a site alleged to be detrimental to plaintiff's property Injunc- SECT. 69.] 1507 STATUTES, INTERPRETATION OP. 1524 95 tion granted. (50 L. J. Ch., 81 : L. R. 16 Ch. D., 449 : 44 L. T., 229.) 1885. [1507] Walthaiiistoic L. B. v. Jones. An agreement by tenant of sewage farm to receive " water, sewage .-ind other mutter" held to include storm water. (Times, May 8, 1885.) 1892. [1508] Wandsworth B. W. v. Bird. " Metropolis Amend- ment Act, 1890," 6 Permission to excavate soil of new street for construction of sewer re- fused Held, that the only power vested in a District Board in such a case was to impose conditions, not to veto absolutely a necessary excavation. (Gl L. J., M. C., 97 : L. R , 1 Q. 13., 481 : 66 L. T., 376 : 56 J. P., 280.) 1891. [1509] Welstead v. Paddington Vestry. Local Act Powers of Vestry to order and enforce altera- tions in a urinal. (Metrop.) (66 L. T., 194 : 56 J. P., 295.) 1885. [1510] Wheatcroft v. Matlocli L. B. " Public Health Act, 1875 " Sewage passing through a sewer ami then along an open watercourse Held that under the circumstances such water-course was a "sewer" within 4. (52 L. T., 356.) 1877. [1511] Whilford L. B. v. Castleford L. B. Agreement between two Boards for joint sewerage works Injunction granted to delay the cutting off of the sewer connections. (Jan. 1877.) 1884. [1512] Windsor, Mayor v. Stovell. "Public Hl L. J., M. 0., 22 : L. R., 8 Q. B. D., 445 : 45 L. T., Gil : 46 J. P., 199.) 1873. [1578] Mil ward v. Redditch L. B. " Public Health Act, 1848," 68 [= "Public Health Act, 1875," 149] Alteration of Street level Accumu- lation of storm water Damage to premises Mandatory Injunction granted Paving not to remain in such a condition that water was necessarily dammed up against plaintiff's house. (21 W. R., 429.) 1876. [1579] Montreal, Mayor v. Drummond. Canadian Law The permanent closing of one end of a street, whereby access to houses was ren- dered inconvenient, held no such interference with the rights of the owners as to entitle them to compensation. (45 L. J., P. C., 33 : L. R., 1 App. Cas., 384 : 35 L. T., 106.) 1864. [1580] Peg. v. Fullford. 24 & 25 Viet. c. 61, 28 [ = "Public Health Act, 1875," 156]-Mis- demeanour Indictment for bringing forward a house in a Street without the consent of a Local Board Meaning of the word "Street" Street seems only to apply to a row of houses in some degree continuous, but this is a question of fact for a Jury. (33 L. J., M. C., 122 : 10 L. T., 346 : 9 Cox, C. C., 453 : 28 J. P., 357.) 1859. [1581] llffj. v. Great Western Railway Co. " Towns Im- provement Clauses Act, 1847," 53 Paving of Street The word " theretofore " refers to any time before the passing of the Special Act A street which was a public highway at the passing of the Special Act, and had been but was not then sufficiently paved, was not within the Section. ( 28 L. J., M. C., 24G : [. IF. R. Co. v. West Bromwich Com- missioners'] 1 E. & E., 80(3.) 187.1 [1582] Reg. v. Hackney B. W. " Metropolis Management Act, 1855," 105 Bariii r erected by owners in a New Street When a Board compels owners to form a New Street, the Board is bound to repair notwithstanding the barrier Mandamus granted. (42 L. J., M. C., 151 : L. R., 8 Q. B., 528.) 1852. [1583] Reg. v. Ingham. Projection in Street Mandamus Costs. (Metropolis.) (21 L. J., M. C., 125 : 17 Q. B., 884 : 18 L. T., (o. s.), 303.) 1877. [1584] Reg. v. Metropolitan B. W. (3). Local Act embody- ing an Agreememt with a Landowner that a " Roadway " should be made 25 ft. wide Question whether this meant 25 ft. of car- riage-way, exclusive of footways, or 25 ft. of roadway, inclusive of footways Held that '' roadway " meant " carriage-way,'' and that the width of the footways would have to be added to the 25 ft. (Times, Nov. 13, 1877.) 1858. [1585] Beg. v. St. Mary's, Islington, Vestry. A certain unfinished road held not to be a " Street " which the Vestry was bound to light. (E. B. & E., 743 : 22 J. P., 383.) 1884. [1586] Reg v. Sheil. "Metropolis Management Acts, 1855, 1862 "Meaning of " street "Magis- trate found that a certain lane was not a " street " Held that this was a question not of Law but of fact Mandamus to state a case refused. (50 L. T., 590 : 49 J. P., 68.) 1859. [1587] Reg. v. Sidebotham. Local Act Width of Street A prescribed minimum distance between houses held not to apply to houses not in a street. (28 L. J., M. C., 189 : Bell, C. C., 171 : 33 L. T., (o. s.), 187.) 1697. [1588] Rex v. Webb. To rebuild a house on a larger scale whereby the street becomes darker than before is not a public nuisance. (1 Ld. Raym., 737.) 1888. [1589] St. Mary, Newington, Vestry v. South London Fish Market Co. Company formed to construct a market and make, under penalties, new streets as approved Failure of Market scheme Action against promoters for penal- ties in respect of the new streets Defence that the street improvements were subsidiary to the market, and that as the latter was not established the duty of making the new streets did not arise Held, no defence, and promoters liable to the penalties. (52 J. P., 292.) 1860. [1590] Sarrett v. Bradshaw. " Highway Act, 1835 " Obstruction to street by hoarding authorised by a Surveyor appointed under the " Local Government Act, 1858" Conviction on the ground that the hoarding projected unneces- sarily, affirmed, the Court being inclined to be equally divided. (Times, May 3, 1860.) 1884. [1591] Sheffield v. Heath. Covenants by defendants to bear certain expenses until the roads upon a certain building estate " used in common " by occupiers on the estate were taken over by Parish Roads used by public generally but not yet taken over Held that the roads were not " used in common " by the occupiers within the meaning of the covenant, and de- fendants therefore not liable. (Times, July 8, 1884.) 1889. [1592] Sunderland, Mayor v. Slcinner. Old house with shop front abutting on lane Plan deposited by owner showing lane widened and new house set back Subsequently he rebuilt an old site Held that no offence had been com- mitted as regards width of street. (53 J. P., 660.) 1867. [1593] Taylor v. Metropolitan B. W. " Metropolis H 2 100 1594 PUBLIC HEALTH. 1609 [PART I. Management Amendment Act, 1 862," 98 Eemoval of an old fence and erection of a permanent wall held to be " laying out " of a new road so that widening to the dimen- sions prescribed by the Act became obliga- tory. (36 L. J., M. C., 53: L. E., 2 Q. B., 213 : 31 J. P., 581.) 1866. [1594] Thomas v. Daw. Local Act, 57 Geo. III., c. xxix., 80 Improvement of Street Commissioners held entitled to take only so much of a site as was necessary for their purpose. (36 L. J., Ch., 201 : L. B., 2 Ch. App., 1 : 15 L. T., 200.) 1889. [1595] Tod-Heatley v. Foakes. " Metropolis Manage- ment Act, 1855," 105, 250 : " Amendment Act, 1862," 77, 112 Magistrate found that so many changes had been made and new buildings erected as to render the place prac- tically a new street Held that there was sufficient evidence to justify this conclusion The powers of a Local Authority are not confined to the part of the road on which new buildings are put up No test of a road being or not being a " new street " thai buildings are continuous Semble,t\iat where- ever maintenance of pathway and footway have not been assumed by Loral Authority there may be a "new street." (53 J. P. 772.) 1884. [1596] Wandsworth B. W. \. Postmaster-General. " Tele- graph Act, 1878" Decision by Eailway Commissioners as to places where wires ough to be put overhear), and where they ough not to be so put Eulo laid down that dis tance between supports ought not to exceec 100 yards. (Times, May 21, 1884.) 1884. . [1597] Wandsworth B. W. v. United Telephone Co. Stree vested in a Board Injunction to restraii the maintenance of telephone wires across a street refused, there being no sufficient!; exclusive rights (53 L. J., Q. B., 449: 51 L. J., 148 : 48 J. P., 676.) 71. SURETY. 1852. [1598] Benham v. United Guarantee & Life Assnranc Co. Consideration of what would vitiate i policy of guarantee obtained by the employe of a clerk. (21 L. J., Ex., 317 : 7 Ex., 744 19 L. T., (0. s.), 206.) 1862. [1599] Slack v. Ottoman Bank. Principles of Law re specting the liability or the non-liability o a Surety A Surety guarantees the honestj of the person employed, and he is not enti tied to relief from his obligation merelj because the employer fails to use all mean in his power to provide against the dis honesty of the person in respect of whom th bond is given. (15 Moo., P. C., 472 : 6 L. T. 763.) 1892. [1600] Cosford Union v. Grimwade. Union Treasurei partner in a Bank which failed Question whether the money deposited belonged to the Guardians directly as customers of the Bank or was dealt with by the Treasurer on his own responsibility Latter view held by the Court, and surety therefore liable. ( Times, Aug. 5, 1892.) 1875. [1601] Hawkins v. Alder shot School Board. Contract by builder Bankruptcy of Builder Substi- tuted contractor Contract varied Original surety held released. (Times, April 22, 1875.) 1870. [1602] Mailing Union v. Graham. 7 & 8 Viet., c. 101, 61-2 Principal and Surety Acceptance of a new office Sanction of Poor Law Board obtained Held nevertheless that the surety was discharged. (39 L. J., C. P., 74 : L. E., 5 C. P., 201 : 22 L. T., 789.) 1872. [1603] Phillips v. Foxall. Surety Dishonesty If a master finds his servant dishonest and con- dones the offence, he cannot afterwards call upon the surety to make good a subsequent lo.-s. (L. E., 7 Q. B., 660 : 27 L. T., 231 : 37 J. P., 37.) 1873. [16041 Sanderson v. Aston. Neglect by an employer to dibmiss a servant found guilty of irregulari- ties which would justify dismissal discharges the Surety. (42 L. J., Ex., 64 : L. E., 8 Ex., 73 : 28 L." T., 35.) 1867. [1605] Skillet v. Fletcher. Collector of Poor Eatc Ad- ditional duties Bond of Surety held not void because of the alteration of office. (36 L. J., C. P., 206: L. E., 2 C. P., 469: 16 L. T., 426.) 18G9. [1606] Stiff v. East-Bourne L. B. Sewerage Works Bond Failure of Contractor Semble that a Surety from whom a material fact has been concealed is not liable. (19 L. T., 408 : 20 L. T., 339 : 17 W. E., 68 and 428.) 1862. [1607] Towle v. National Guardian Assurance Societij. Bund of Suretyship Numerous inaccuracies in the answers to preliminary questions Bond held void. (30 L. J., Ch., 900 : 5 L. T., 193.) 72. SURVEYOR. 1888. [1608] Lewis v. Weston-super-Mare L. B. " Public Health Act, 1875," 54 and 16 The Sur- veyor must determine the " necessity " of every case, and if his decision is given bond fide it cannot be set aside Held tliat a per- son appointed to act as Surveyor during the Surveyor's illness is not the Surveyor con- templated by the Act Only an officer ap- pointed under 189 can act. (58 L. J., CD., 39 ; L. E., 40 Ch. D., 55 : 59 L. T., 769.) 1873. [1609] Metropolitan B. W. v. Flight. Dangerous pre- mises Fees of Surveyor chargeable to the SECT. 73.] 1610 TIME, COMPUTATION OF. 1625 101 Owner An Item in the Board's Bill " office expenses, 2s. Gd." disallowed. (Metropolis.) (43 L. J., M. C., 46 : L. R., 9 Q. B., 58 : 29 L. T., 608 : 38 J. P., 503.) 1872. [1610] Power v. Wigmore. Surveyor's Fees Fifty-one Arches held to be so many separate build- ings, on each of which a fee was payable. (Metropolis.) (L. R., 7 C. P., 386 : 27 L. T., 148.) 1889. [1611] Reg. v. Ramsgate Corporation. Borough Surveyor employed on other work and specially remu- nerated Proceedings against him for penal- lies Decision subsequently of Corporation to defray his expenses held ultra vires. (58 L. J., Q. B., 352 : L. R., 23 Q. B. D., GC : Cl L. T., 333 : 53 J. P., 740.) Subsequent pro- ceedings to make the members concerned in thi' illegal resolutions liable for the Costs of the Certiorari. ([Keg. v. Whiteley~] 58 L. J., M. C., 164 : 61 L. T., 253 : [Reg. v. Vaile] 54 J. P., 134.) 1863. [1G12] Wtstwich, Ex parte; Nottingham Corporation, In re. Surveyor appointed by order of Borough Justices to value property required for a street improvement Order quashed by Cer- tiorari on the ground of interest, the Justices being ratepayers. (38 Laic Times News- paper, 203.) 1887. [1613] Wliiteley v. Barley. (2.) "Public Health Act, 1875," 193 A Local Authority employed their Surveyor to superintend a contract for drainage works and paid him a percentage for his services independently of his official salary Held that he was liable to penalty as " concerned or interested " in a contract. (57 L. J., Q. B.. 643 : L. R., 21 Q. B. D., 154 : 60 L. T., 87 : 52 J. P., 595.) [See Eeg. v. Ramsgate for further references to this case.] 73. TIME, COMPUTATION OF. 1863. [1614] Bul;er v. Billericay Union. An action against Guardians for money due, where no extension has been obtained from Local Government Board, mufct be commenced within the current half-year or within 3 months afterwards. (33 L. J., M. C. } 40 : 2 H. & C., 642 : 9 L. T., 486.) 1S46. [1615] Jin nli it v. Hocltin. In notices and documents required to be dated, mention of the year is an essential part of such date. (16 L. J., C. P., 49 : 4 C. B., 19 : 8 L. T., (o. s.), 143.) 18GO. [1616] Eddleston v. Francis. " Public Health Act, 1848," 51 and 129 [ = Public Health Act, 1875," 35-6, 251] Proceedings for the recovery of money due for works executed must be commenced within 6 mouths of the completion of the works, and not within 6 mouths of the demand for payment Quxre, Is a Receiver appointed by the Court of Chancery an " owner " ? (7 C. B., (N. s.), 568 : 3 L. T., 270 : 25 J. P., 135.) 1803. [1617] Glassington v. Sawlings. Where time is to be computed from an act done the day in which it is done is to be included. (3 East, 407.) 1878. [1618] Kay v. Atherton L. B. Local Board acting as Surveyors of highways Accident to plaintiff through negligent deposit of stones in a road The limit of time within which a plaintiff must bring his Action against a Local Board is not the 3 months prescribed by the " High- way Act, 1835," 109, but the 6 months prescribed by the " Public Health Act, 1875," 264. (42 J. P., 792.) 1879. [1619] Migotti v. Colville. A sentence of one calendar month expires on the day preceding the same numerical day in the following month ; if the following month has not sufficient days, then on the last day of the following month Such a sentence passed on October 31 expires on November 30. (48 L. J., C. P., 695 : L. R., 4 C. P. D., 233 : 40 L. T., 747 : 43 J. P., 620.) 1829. [1620] Pellew v. Wonford Inhabitants. General prin- ciples of computing limits of time named in Statutes. (7 L. J., (o. s.), M. C., 84 : 9 B. & C., 134 : 4 M. & R., 130.) 1891. [1621] Radcli/e v. Bartholomew. 12 & 13 Viet., c. 92, 14 Complaint to be made " within one calendar montli after the cause . . . shall arise" Offence committed on May 30; com- plaint laid on June 30 held laid in time. (61 L. J., M. C., 63 : 65 L. T., -677.) [See notes on this case in 55 J. P., 809, and 56 J. P., 19.] 1858. [1622] Reg. v. Middleton Nuisances Committee. " Nuis- ances Removal Act, 1855," 16 [ = " Public Health Act, 1875," 99] 16 refers only to the abatement of Nuisances on private pre- mises. (28 L. J., M. C., 41 : 1 E. & E., 98 : 32 L. T., (o. s.), 124.) 1838. [1623] Reg. v. Shropshire JJ. Where an act is to be done so many days at least before a given event, the time must be reckoned excluding both the day of the act and that of the e\ent itself. (7 L. J., M. C., 56 : 8 A. & E., 173: 2 N. & P., 286 : 1 W. W. & H., 158.) 1833. [1624] Rex v. Yorkshire, W. R., JJ. Where a Statute requires "Ten days' notice" of an appeal, one day is to be inclusive and the other exclusive. (4 B. & Ad., 685.) 1859. [1625] SimpJcin, Ex parte. "Nuisances Removal Act, 1855," 40 [ = " Public Health Act, 1875," 269] Circumstances under which Sunday will be counted against an appellant who 102 1626 PUBLIC HEALTH. 1642 [PART I. seeks to enter into a recognizance. (29 L. J., M. C., 23 : 2 E. & E., 392 : [Reg. v. Leicester- shire JJ.) I L. T., 92.) 1859. [1626] Swire v. Burley L. B. H. " Public Health Act, 1848," 89 [= "Public Health Act, 1875," 210-11] Judgment debt due to a Con- tractor Six months to be calculated from Judgment, not from date of debt Mandamus to make a Bate granted. (33 L. T., (o. 8.), 222 : 23 J. P., 420.) 1821. [1627] Zouch v. Empsey. "Fourteen days at least" means 14 clear intervening days. (4 B. & Aid., 522.) 74. "TOWN," DEFINITION" OF. 1879. [1628.] Deards v. Goldsmith. The meaning of the word " Town " considered. (40 L. T., 328.) 1848. [1629] Elliott v. South Devon Raihcay Co. " Railway Clauses Act, 1845," 11 "Town" here means a collection of inhabited houses so near each other that they may reasonably be said to be continuous ; and the term will in- clude a space of open ground surrounded by houses ; ami, Semble, all open spnces occupied as mere accessories to such houses, although not so surrounded. (17 L. J., Ex., 262 : 2 Ex., 725 : 5 Kail Gas., 500.) 1870. [1630] London & South-Western Railway Co. V. Black- more. "Lands Clauses Act, 1845," 128 Definition of " Town " : Continuous occu- pancy of ground by houses. (38 L. J., Ch., 713 :* L. It., 4 H. L., 610 and 615 : 23 L. T., 504.) 1867. [1631] Milton Commissioners v. Faversham Highway Board. Local Act Held that the word "town "meant not as it existed when the Act was passed, but as extended from time to time A highway is within a town where there is a continuous scries of contiguous houses. (10 B. & 8., 548, n. : 31 J. P., 341.) 1851. [1632] Reg. v. Charlesworth. "Beerhouse Act, 1840," 15 Definition of the word " place " : " An aggregation of houses and inhabitants which has received a separate name " And this where the " place " in question had no de- fined boundaries or legal rights of its own. (20 L. J., M. C., 181.) 1851. [1633] Reg. v. Cottle. Local Act A " town " is a spot "surrounded by houses so reasonably near that the inhabitants may be fairly said to dwell together " The fact that the houses are separated by gardens is not of importance. (20 L. J., M. C., 162 : 16 Q. B., 412, 416 : 17 L. T., (o. s.), 15.) 1872. [1634] Hice v. Slee. "Beerhouse Act, 1840," 15 Definition of the word " place " Reg. v. Charlesxorth followed. (L. R., 7 C. P., 378.) 75. " TOWNS POLICE CLAUSES ACT, 1847." 1859. [1635] Martin v. Pridgeon. " Towns Police Clauses Act, 1847," 29 "Drunk" and "riotous" Latter charge not proved Justices con- victed for simple drunkenness under 21 Jas. I., c. 7 [Repealed] Conviction quashed, the charge being under one Statute and the punishment under another. (28 L. J., M. C., 179: 1 E. & E., 778 : 33 L. T., (o. s.), 119.) 1888. [1636]. Reg. v. Long. " Town Police Clauses Act, 1847," 28 Foot Pavement blocked up by rowdies walking abreast up and down Held no offence within this tection. (59 L. T., 33 : 52 J. P., 630.) 1891. [1637] Reg. v. Williams. "Towns Police Clauses Act, 1847," 28 Four men walking abreast on a footway and causing passengers to go off the footway held not punishable under this section for obstructing the footway Reg. v. Long followed. (55 J. P., 406.) 76. TRAMWAYS. 1891. [1638] Aldred v. West Metropolitan Tramway Co. " Tram- ways Act, 1870," 28, 29 Where a Tram- way Company contracts with a Uoad Autho- rity for the repair of a road by the latter, the liability for non-repair which under 28 attaches to the Tramway Co. is transferred to the Road Authority. (L. R. 2 Q. B., 398 : 65 L. T., 138 : 55 J. P., 824.) 1890. [1639] BadcocJt v. Sanlcey. " Tramways Act, 187o " : " Public Health Act, 1875 " : " Towns Police Clauses Act, 1847," 68 Regulation pro- hibiting overcrowding An incommoded passenger held entitled to prosecute. (54 J. P., 561.) 1887. [1640] Bell v. Stockton Tramway Co. The " Highway Act, 1878" does uot.apply to steam-engines used on a tramway, although the tramway is laid on a highway. (51 J. P., 804 : 3 Times L. R., 511.) 1890. [1641] Bristol Trams Co. v. Bristol, Mayor. An Urlmn Authority may alter the material used in paving a street without the sanction of a Tramway Company whose lines run along it 33 of the " Tramways Act, 1870," is not applicable to such a case, but 60 is. (59 L. J., Q. B., 441 : L. R., 25 Q. B. D., 427 : 63 L. T., 177: 55 J. P., 53.) 1886. [1642] Davis v. Loach. Regulation of Board of Trade prohibiting emission of smoke or steam from Engines used on Tramway so as to constitute any reasonable ground of complaint Held that emitting tmoke was not the less nn offence because steam was mixed with it. (51 J. P., 118.) SECT. 76.] 1643 TRAMWAYS. 1658 103 1884. [1643] Devonport, Mayor v. Plymouth, Devonport, &c., Tramways Co. Special Act Breach of con- ditions imposed by Parliament Mayor held entitled to sue for injunction. (52 L. T., 161 : 49 J. P., 405.) 1873. [1644] Edinburgh Street Tramways Co. v. Black. " Tram- ways Act, 1870 " : Special Act General Act varied by special Act Held that the ag- grieved parties had no legal redress When an Act diiccts compliance with deposited plans and sections, they are to be regarded as embodied in the Act. (L. K., 2 Sc.Aj.p. Gas., 336.) 1885. [1645] Hartley v. Wilkinson. Board of Trade By-Law forbidding the emission of steam from Tram- way Engines so as to constitute any reason- able ground of complaint By-Law held imperative and that proof of the fact of em ssion sufficed to prove the offence Defence that driver could not help what had happened, held no answer to the charge. (49 J. P., 726.) 1883. [1646] Howitt v. Nottingham Tramways Co. " Tram- ways Act, 1870," 28-9, 55 Where a Tramway Co. contracts with a Road Autho- rity for latter to repair road for an annual payment, the Road A. becomes liable for accidents due to non-repair. (53 L. J., Q. B., 21 : L. R., 12 Q. B. D., 16 : 50 L. T., 99.) 1876. [1647] Liverpool Tramways Co. v. Toxteth Park L. B Arbitrary powers to remove a tramway Private Act Injunction to restrain Boarc from requiring the removal of the tramway refused. (W. N., 1876, p. 145.) 1879. [1648] Murdoch v. London Street Tramways Co. "Tram ways Act, 1870," 56 : Special Act, " Lon don Street Tramways Act, 1877," 40 & 4 Viet. c. ccxix.. 24 Tramway out of repai Held that a private individual could no sue for the penalty. (Times, May 30, 1879.) 1887. [1649] Over Darwen, Mayor, v. Lancashire JJ. (2.) "Tramways Act, 1870," 28 : Special Act Agrei ment between Tramway Company an Road Authority for repair by latter of road the liabilities as to which rested upon th company Held that such an agreement wa binding upon the County Authority, whic was therefore liable to pay the statutory ha of the expense incurred by the Road A utho rity, though that Authority was voluntaril relieving the Tramway Company of some o its burden. (58 L. T., 51 : 36 W. R., 140. 1885. [1650] Oxford L. B. v. Oxford Tramways Co. Actio for specific performance by Company of agree ment to relay tramway in a certain manni to wit, in the centre of a bridge. (Time Feb. 10, 1885.) 1886. [1651] eg. v. Croydon & Norwood Tramways Co. On non-compliance by Tramway Co. with con- djtions as to Paving prescribed by Local Authority, the remedy is a Reference to the Board of Trade under 33 of the " Tram- ways Act, 1870," not a Mandamus to remove the paving. (56 L. J., Q. B., 125 : L. R., 18 Q. B. D., 39 : 56 L. T., 78 : 51 J. P., 420.) 1891. [1652] . Helen's Tramway Co. v. Wood. Local Act Breach of Board of Trade Regulations as to Lights on Engine Company held liable for Engine-driver's neglect. (60 L. J., M. C., 141 : 56 J. P., 70.) 1876. [1653] t. Luke's Vestry v. North Metropolitan Tramways Co. " Tramways Act, 1870," 26 and 28 Merely to raise and readjust the level of rails is not an act needing the " superintendence " of the Vestry. (L. R., 1 Q. B. D., 7CO : 35 L. T., S29 : 40 J. P., 806.) 1885. [1654] Smith v. Butler. " Tramways Act, 1870," 46, 48 A Local Authority may make By-Laws which may be valid although not assented to by the Lessees. (L. R., 16 Q. B. D., 349 : 50 J. P., 260.) 1886. [1655] Steward v. North Metropolitan Tramways Co. "Tramways Act, 1870," 28-9 Action against Company for neglect to repair More than 6 months after cause of Action accrued Company applied to amend their defence by pleading a contract with Vestry that Vestry should repair Held too late because plain- tiff had thus lost his chance of suing the Vestry Howitt v. Nottingham doubted. (L. R., 16 Q. B. D., 556 : 54 L. T., 35 : 50 J. P., 324.) 1879. [1656] Val de Travers Asphalt Co. v. London Tramways Co. Contract between Asphalt Co. and Parish to keep road in repair for a term of years Road damaged by tramways Suit by Asphalt Co. against Tramway Co. It being doubtful whether the former body was entitled to sue, the Court allowed the Parish to be added as plaintiffs, though the Parish had not consented, Parish, however, to be fully indemnified against the costs. (48 L. J., C. P., 312 : 40 L. T., 133 : 43 J. P., 462.) 1883. [1657] Wallasey Tramway Co. v. Wallasey L. B. Con- viction under Tramway By-Laws held bad where they had not been confirmed by Q. Sess. (47 J. P., 821.) 1886. [1658] Wolverhampton Tramways Co. v. Great Western Railway Co. " Tramways Act, 1870,'' 32 Railway Company bound by Statute to main- tain a highway (being a bridge and its ap- proaches) is a " Road Authority " within 32. (56 L. J., Q. B., 190 : 56 L. T., 892.) 104 1659 PUBLIC HEALTH. 1674 [PART 1. 77. TREASURER. 1881. [1659] Capital & Counties Bank v. Ventnor L. S. Manager of Branch Bank the Treasurer of the Local Board Cheque belonging to Board passed to Treasurer, who, turning it into money at his Bank, absconded with the pro- ceeds Held that Board must bear the loss on the ground that the cheque and the money was in Treasurer's hands qua Treasurer Verdict for Plaintiffs for amount of cheque and interest. (At Nisi Prius.) (Times, May 26, 1881.) 1829. [1660] Delane v. Hillcoat. Treasurer to a Board An office is an " office of profit " if it is capable of yielding a profit irrespective of whether the holder chooses to make it do so or not. (9 B. & C., 310 : 4 M. & B., 175.) 1875. [1661] Halifax Union v. Wheehvright. Negligence in drawing Cheques Alteration of amounts Cheques payable to Order Forged Endorse- ments Held that the defendant as Trea- surer and Bank Manager, was not liable. (44 L. J., Ex., 121 : L. E., 10 Ex., 183 : 32 L. T., 802 : 39 J. P., 823.) 1839. [1662] Haivkings v. Newman. Local Act somewhat similar to " Public Health Act, 1875," 189 and 192 Clerk's Clerk made Assistant Trea- surer Action for penalties. (8 L. J., Ex., 82: 4 M. & W., 613.) [ 192 as it now stands probably meets the evasion attempted in this case.] 1832. [1663] Eex v. Patiison. 12 Geo. II., c. 29, 6 Quo Warranto Appointment of an Alderman as Treasurer Held that an appointment of Treasurer was complete though the appointee had not given security. (2 L. J., K. B., 33 : 4 B. & Ad., 9.) 78. TURNPIKE. 1840. [1664] Northam Bridge Co. v. London & Southampton Railway Co. A road on which Toll-gates are erected and tolls lawfully taken is a "Turnpike Eoad." (9 L. J., Ex., 165: 6 M. & W., 428 : 1 Eail. Cas., 665.) 1868. [1065] Sims v. Matlock Bath L. B. "Towns Police Clauses Act, 1847" 45 applies to offences on u Turnpike Road within the district undt r the Act, although the road is not under the management of the Local Board. (32 J. P., 134.) 1858. [1666] Swinburne v. Robinson. Local Act Agreement between 2 Turnpike Trusts for the repair of a Turnpike Eoad held not affected by the adoption of the " Public Health Act, 1848." (28 L. J., Q. B., 4 : 1 E. & E., 80 : 32 L. T., 123.) 79. WATER COMPANY, POWERS, &c., OF. 1887. [1667] Allan v. Hamilton Waterworks Commissioners. Barracks supplied with water by agreement Income Tax held payable on the amount received for such supply Glasgow v. Miller followed. (51 J. P., 727.) 1877. [1668] Atkinson v. Newcastle & Gateshead Waterworks Co. " Waterworks Clauses Act, 1847," 42 Water Company held not liable in damages for not keeping their pipes duly charged with water, whereby plaintiff's premises were burnt down In such a case a Company is only subject to a penalty for its neglect. (46 L. J., Ch., 775: L. E., 2 Ex. D., 441 : 36 L. T., 761 : 42 J. P., 183.) 1892. [1669] Barnstaple Water Co. v. Tucker. Special Act Differential charges in respect of different levels. (Times, May 26, 1892.) 1860. [1670] Bayley v. Wolverhampton Waterworks Co. Non- repair of a fire-plug Horse lamed Plugs belonging to a Board, but kept in order by the Water Company Held that the Com- pany was liable. (30 L. J., Ex., 57 : 6 H. & N., 241.) 1881. [1671] Bingham v. Sheffield Waterworks Co. Dispute as to whether Company could insist on a certain scale of payment for baths or that otherwise their customers must pay by meter On plaintiff refusing to erect meter at Ids own expense Company gave notice that water would be cut off Motion to restrain cutting off granted till Action tried: meanwhile account to be kept on Company's scale, excess to be refunded if decision at trial adverse. (Times, Sept. 12, 1881.) [See Cases 1725 and 1726.] 1856. [1672] Blyth v. Birmingham Waterworks Co. Bursting of a fire-plug during an extraordinary frost Damage to cellar Company held not liable The frost was severe beyond what was to be expected and no negligence was shewn. (25 L. J., Ex., 212 : 11 Ex., 781 : 26 L. T., (o. s.), 261.) 1889. [1673] Bristol Water Co. v. Bristol, Mayor. Special Act Duty to provide water pipes in public places Dock quay held to bo a "public place " Alterations of level having been made by Corporation, held that Corporation must pay the cost of consequential alteration of pipes. (Times, June 5, 1889.) 1885. [1674] Bristol Waterworks Co. v. Uren. Special Act " Gross sum assessed to the Poor Eate " held to mean " gross estimated rental," not " rate- able value " Tap in garden. (54 L. J., M. C., 97 : L. E., 15 Q. B. D., 637 : 52 L. T., 655: [Cr v. B.] 49 J. P., 504.) SECT. 79.] 1675 WATER COMPANY, POWERS, &o., OF. 1690 1888. [1675] British Empire Assurance Co. v. Southward Water Co. " Waterworks Clauses Act, 1847," 72 Special Act Rating of unoccupied houses. (59 L. T., 321 : 52 J. P., 758.) 1858. [1676] Busby v. Chesterfield Waterworks & Gas-light Co. (Supply of water The use of water for a horse aud carriage in the stable of a private Dwelling-house is a "domestic use." (27 L. J., M. C., 174 : E. B. & E., 176 : 31 L. T., (o. s.), 98.) 1875. [1677] Bush v. Trowbridge Waterworks Co. Abstraction of Water " Waterworks Clauses Act, 1847," 8 An owner's remedy for loss of water is compensation under the " Lands Clauses Act, 1845," 68 He cannot compel the purchase of a portion of a stream. (44 L. J., Oh., 645 : L. R., 10 Ch. App., 459 : 33 L. T., 137: 39 J. P.,6GO.) 1872. [1678] Campbell v. East London Waterworks Co. Statu- tory duty to supply Water Failure Fire Pica that another fire occurring contem- poraneously for which water was being taken was the cause of a deficiency Plea good. (26 L. T., 475.) 1888. [1679] Chelsea Water Co. v. Paulet. " Water Companies Act, 1887," 50 & 51 Viet., c. 21 Where an occupier occupies without title and after notice to quit from his landlord, to cut off water is not an offence. (52 J. P., 724 ) 1885. [1680] Coleman v. West Middlesex Waterworks Co. Special Act Domestic supply chargeable at so much per cent. : trade supply by agree- ment Public-house Fact of license in force to be taken into account : also that 7500 had been paid as premium Latter amount to be capitalised nnd part of interest to be treated as rent. (54 L. J., M. C., 70 : L. R., 14 Q. B. D., 529 : 52 L. T., 579.) 1884. [1681] Colne Valley Water Co. v. Treliarne. " Public Health Act, 1875 " : " Public Health (Water) Act, 1878 " 62 of the former Act is not repealed by 3 of the latter Act : the latter applies to cases which do not come within the former. (50 L. T., 617 : 48 J. P., 279.) 1889. [1682] Cooke v. New River Co. " Waterworks Clauses Aet, 1847," 53 : Special Act Water wanted to supply a Lift held not wanted for a " Domestic purpose " Seirible, that any \\oUfC in which water is required for Domes- tic purposes is a " Dwelling-house " within the " New River Act, 1852," 35, though no person sleeps or takes meals there. (59 L J., Ch., 333 : L. R., 14 App. COA, 698 : 61 L. T., 816 : 54 J. P., 260.) 1882. [1683] Dobbs v. Grand Junction Water Co. Special Acts Held that the Water Rate was to be com- puted on the " Rateable Value" of the pre- mises, as appearing from the Poor Rate Assessment. (53 L. J., Q. B., 50 : L. R., 9 App. Gas., 49 : 49 L. T., 541 : 48 J. P., 5.) 1892. [1684] East London Water Co. v. Kellerman. " Watet Companies (Powers) Act, 1887," 4 The purchaser of the freehold of a dwelling-house is liable for arrears of Water Rate which accrued before the date of purchase. (L. R., 2 Q. B., 72 : 67 L. T., 319.) 1886. [1685] East London Water Co. v. St. Maitheiv, Bethnal Green, Vestry. " Waterworks Clauses Act, 1847," 28-34: "Metropolis Water Act, 1881" Company held entitled to place stop-valves in public footway. (55 L. J., Q. R, 571 : L. R., 17 Q. B. D., 475 : 54 L. T., 919 : 50 J. P., 820.) 1892. [1686] East Molesey L. B. v. Lambeth Water Co. "Waterworks Clauses Act, 1847," 28 Injunction granted against Water Company on the ground that the Act contemplated the submission to the Road Authority of a definite " plan," which required approval, and that a mere notice of intention to break up a road was not a " plan " Edgware v. Colne Vallty followed. (Times, Aug. 9, 1892.) 1877. [1687] Edgware Highicay Board v. Colne Valley Water Co. " Waterworks Clauses Act, 1847 " : Local Act Injunction granted to restrain the opening of roads by the Company before furnishing to the Highway Authority "plans" of the proposed works, although notices bad been given A "plan" held to mean not merely a statement of the general manner in which it was proposed to lay the mains, but something in the nature of a map of the line intended to be followed. (46 L. J., Ch., 889 : W. N., 1877, p. 154.) 1885. [1688] Elliott v. Chesterfield Rural S. A. Defend; mts had purchased a Water Company's rights subject to the Company's Special Act, which contained a condition that a certain minimum quantity of water was always to be left in a brook for the use of plaintiff, a mill-owner Injunction granted to restrain defendants from doing anything in derogation of plain- tiff's rights under the Act. (Times. Dec. 4, 1885.) 1883. . [1689] Ferens v. O'Brien. Water stored in a Water Main may be the subject of a Larceny at Common Law. (52 L. J., M. C., 70 : L. R., 11 Q. B. D., 21: 47 J. P., 472.) 1889. [1690] Folkestone, Mayor v. Downing. Injunction granted to restrain the occupier of a house from breaking up pavement in front thereof in order to attach to his service-pipe certain fittings Held that such an act would be a trespass on the Corporation's property which only the Waterworks Company had a legal right to commit. (Times, Aug. 3, 1889.) 106 1691 PUBLIC HEALTH. 1709 [PAET I. 1886. [1691] Glasgow Corporation Water Commissioners v. Miller. .Profits on Sale of Water by a Public Body are chargeable with Income Tax. (50 J. P., 503.) 1868. [1692] Glover v. East London Water Co. " Waterworks Clauses Act, 1847," 52 House-owner breaking up Street to allow Company to connect Owner held liable for careless re- instatement of Street " Pavement " includes roadway. (17 L. T., 475 : 16 W. K., 310.) 1874. [1693] Goodson v. Hichardson. Water-pipes laid in soil of highway without consent of owner of soil Injunction to restrain continuance of pipes granted, although no inconvenience or dam- age shewn to arise to owner. (43 L. J., Oh., 790 : L. E., 9 Ch. App., 221 : 30 L. T., 142.) 18(51. [1694] Gwatkin v. Chepstow Waterworks Co. Private Act Tariff of Charges Construction of terms. (25 J. P., 180.) 1889. [1695] Hancocks v. Southward & Vauxliall Water Co. Fire-plug Liability for bursting of. (W. N., 1889, p. 198.) 1891. [1696] Harrison v. Southward & Vauxhall Water Co. " Waterworks Clauses Act, 1847," 12 Sinking of a shaft by pumps, &c., which caused vibration and temporary annoyance, held not a legal nuisance Where a Statute authorises the execution of certain works, that authority includes everything reason- ably necessary for the execution of the works. (60 L. J., Ch., 630 : 64 L. T., 864.) 1884. [1697] Hayward v. East London Water Co. " Water- works Clauses Act, 1847," 68 Circum- stances under which an Injunction to restrain tutting off of water will nr will not be granted. (54 L. J., Ch., 523: L. K., 28 Ch. D., 138 : 52 L. T., 175 : 49 J. P., 452.) 1885. [1698] Henderson v. Folkestone Waterworks Co. Water Kate Excessive payment. ( Times, March 9, 1885.) 1860. [1699] Hildreth v. Adamson. " Waterworks Clauses Act, 1847," 59 : Local Act Special charge for persons keeping horses Held that a person who, to evade this charge, habitually took horses to a public Drinking Fountain, kept up for a limited purpose, ought to have been convicted by Justices. (30 L. J., M. C., 204 : 8 C. B., (N. s.), 567 : 2 L. T., 359.) 1892. [1700] Hill v. Wallasey L. B. " Waterworks Clauses Act, 1847," 29: "Public Health Act, 1875," 4, 16, 54, 57 A Local Board has no power to break up a private road to lay water mains, without the consent of the owner. (L. K., 3 Ch., 117 : 67 L. T., 49 : 56 J. P., 469.) 1890. [1701] Holliday v. Wakefield, Mayor. " Waterworks Clauses Act, 1847 " Apprehended injury to mines Compensation held not payable in respect of coal in certain positions in a mine. (60 L. J., Ch., 361 : L. E., 1 App. Cas., 81 : 64 L. T., 1 : 55 J. P., 325.) 1887. [1702] Ja'-kson v. Farnham Water Co. A water com- pany contracting to supply water only engages to" do its best, and in the absence of proof that it failed to do its best the con- sumer has no remedy for the supply, being short. (Times, May 19, 1887.) 1886. [1703] Kidwelly, Mayor v. Richardson. Pipes laid to receive a water supply and used for several years Negociations with landowner for lease broken off, and supply stopped Held that Corporation had acquired no right to be deemed perpetual licensees, and had no redress for their outlay having been rendered nugatory. (Times, Feb. 4, 1886.) 1892. [1704] Kirklcatlam L. B. v. Stockton & Midrllesborough Water Board. Circumstances under which a Water Authority will be restrained from cutting off the supply to a Local Board within the Water District. (Times, Feb. 27, 1892.) 1885. [1705] Lea v. Abergavenny Improvement Commissioners. " Waterworks Clauses Act, 1847," 68 : Special Act Justices may determine a dis- pute as to annual value of premises when hearing summons to enforce Kate Two separate proceedings unnecessary. (55 L. J., M. C., 25 : L. R., 16 Q. B. D., 18 : 53 L. T., 728 : 50 J. P., 165.) 1878. [1706] Leamington Corporation v. Oldham. Contract for the supply to a town of filter, d water Neg- lect to filter some of the water so supplied Action properly commenced, and defendants to pay the costs. (Times, February 22, 1878.) 1888. [1707] Lewis v. Swansea, Mayor. Local Acts Water Supply powers conferred upon Corporation with the duty of sending a minimum daily quantity down certain streams for the use of Riparian owners Default Action for penal- ties Held that though any owner could proceed, only one penalty could be recovered in respect of each day's default. (Times, July 24, 1888.) 1881. [1708] Liskeard Union v. Liskeard Waterworks Co. Guardians held entitled to demand a supply of Water for their workhouse as for a " domestic use," the workhouse being a "house," and the officers and inmates a "family" within the special Act. (L. R., 7 Q. B. D., 505 : 45 J. P., 780.) 1875. [1709] Low v. Lambeth Water Co. Bill to restrain the defendant Company from cutting off water used in a garden Bill dismissed, the proper SECT. 79.] 1710 WATER COMPANY, POWERS, &c., OF. 1726 107 remedy being at Law, and watering a garden not a "domestic purpose." (Times, July 7, 1875.) 1889. [1710] N'Colla v. Clacton-on-Sea Gas Co. Supply Kemedy available to consumers for withhold- ing. (5 Times L. R., 690.) 1877. [1711] Metropolitan B. W. v. New River Co. Special Act, 15 & 16 Viet., c. clx., 41 Claim of Board to be supplied at statutory low rate with water for watering streets Judgment for the Company. (37 L. T., 124 : 41 ~J. P., 790.) 1886. [1712] Milnes v. Huddersfield, Mayor. A Water Com- pany is not liable for injury to the health of a customer merely because its water, other- wise pure and wholesome, is of such a nature as to take up an abnormal quantity of lead in passing through leaden pip< s. (56 L. J., Q. B., 1 :"L. R., 11 App. Cas., 511 : 55 L. T., 617 : 50 J. P., 676.) 1875. [1713] Neio River Co. v. Mallier. " Waterworks Clauses Act, 1847," 68 : Special Act Held that as the " annual value " was disputed, no Court had jurisdiction until 2 Justices had deter- mined the value Decision reversed. (44 L. J., M. C., 105: L. R., 10 0. P., 442 : 32 L. T., 658 : 39 J. P., 614.) 1882. [1714] Newhaven Water Co. v. Newhaven L. B. ' Public Health Act, 1875," 52 Action to restrain the Board from constructing Waterworks Company formed, but no works in operation The evidence showing a bond fide pro- bability that the Company would be able to fulfil its promises, Injunction granted. (Times, Jan. 21, 1882.) 1883. [1715] Ossalinslty (Countess) and the Manchester Corpo- ration, In re. Compulsory purchase of land for Waterworks Principles of valuation An arbitrator may take into consideration as an element of value, the natural adaptability of the land, but not the increased value in consequence of the powers conferred by the special Act. (Loc. Gov. Chron., June 9, 1H83/ 1868. [1716] Fiercy v. Harding. " Waterworks Clauses Act 1847," 42 A Water Company is liable to a penalty for not keeping fire-plugs suppliec at high pressure even though no not ; ce to d so may have been served on Company. (32 J. P., 630.) 1881. [1717] Piercy v. Pope. " Waterworks Clauses Act, 1847,' 59 : Ib. 1863, 20 Water drawn from tap in an empty house by daughter of person paying the Water-rent and therefore entitlec to draw in his own house but not in an empty house Such an offence (if an offence at all held not within 59. (45 L. T., 477 : 46 J. P., 102.) 1885. [1718] Preston, Mayor v. Fullwood L. B. Corporation supplying water outside their District, with- out Parliamentary Powers Breaking up of streets held ultra vires. (53 L. T., 718 : 50 J. P., 228.) 1861. [1710] urnell v. Woherhampton Waterworks Co. Special Act antecedent to the " Waterworks Clauses Act, 1847 " : Second Special Act Water at high-pressure held not obligatory. (10 C. B., (N. s.), 576: 4L. T., 513.) 1886. [1720] Reg. v. Wells Water Co. " Waterworks Clauses Act, 1847 " A water company is not bound under 38 to provide a main sufficient for a fire-plug, even though Justices decide that there ought to be a fire-plug at the locus in quo. (55 L. T., 188: [IF. v. TF.] 51 J. P., 135.) 1886. [1721] Reg. v. Weyford, Mai/or. " Public Hei-.lth (Ireland) Act, 1878," . 227 [= 277 of English Act of 1875] This section held to remove the limit fixed by a Provisional Order of prior date for a Rate to pay off instalments of borrowed money The term for repayment being still current, such a Rate is not retro- spective. (18 L. R., Ir., 119.) 1885. [1722] Richards v. West Middlesex Water Co. Special Acts Power to distrain for non-payment of Water Rate held not t .ken away. (54 L. J., Q. B., 551 : L. R., 15 Q. B. D., 660 : 49 J. P., 631.) 1876. [1723] Richmond Watrr Co. & Southwark Water Co. v. Richmond Vestry. " Public Health Act, 1875," 52 Failure of the Water Company of the district and transfer to an outside Company Held that the first Company being unable, and the second Company not having Parlia- mentary authority to supply water, neither was entitled to the privilege accorded by 52. (45 L. J., Ch. 441 : L. R., 3 Ch. D., 82 : 34 L. T., 480 ) 1888. [1724] Ridge v. Midland R. Co. It is not every dis- agreeable smell that gives rise to an Action of wrong and its consequences The deter- mining question is : Will the supposed wrong- ful proceeding abridge and diminish seriously the ordinary comfort of existence to the occupiers whatever their rank or state of health ? When a person empties foul water into a stream reference will be had in an Action against him, to the proportion and effect of such discharge. (53 J. P., 55.) 1880. [1725] Sheffield Water Co. v. Bingham. (1). " Sheffield Waterworks Act, 1853," 79, 81. Special provisions as to Water used for baths The expression " Domestic purposes " held under the circumstances not to include baths. (L. R., 25 Ch. D., 446, n.) 1883. [1726] Sheffield Water Co. v. Bingham (2). " Waterworks Clauses Act, 1863," 14 Company bound to supply by measure Some automatic and self-registering meter or other instrument 108 1727 PUBLIC HEALTH 1743 [PAET 1. must be used, provided l>y consumer at his own expense A mere expedient for guessing a quantity of water, such as painting a line round a bath, held not sufficient Sheffield v. Carter distinguished. (52 L. J., Ch. U., 624 : L. E., 25 Ch. D., 443 : 48 L. T., 604.) 1882. [1727] Sheffield Water Co. v. Carter. Powers of Company as to cutting off supply Failure of occupier to pay or tender Rate in advance. (51 L. J., M. C., 97 : L. R., 8 Q. B. D., 632 : 46 J. P., 548.) 1879. [ |728 J Sheffield Water-works Proprietors v. Wilkinson. " Waterworks Clauses Act, 1847," 74 Water cut off because late tenant in arrear Proceedings by new tenant to compel the Company to make a new connection and resume supply Judgment for Company, there being no such obligation on Company as the plaintiff contended Held tliat Com- pany had no right to refuse to allow the restoration of the connecting pipe and the supply of water till the bygone Rales were paid. (48 L. J., C. P., 145 :*L. R., 4 C. P. D., 410 : 41 L. T., 254 : 43 J. P., 703.) 1888. [1729] Slater v. Burnley, Mayor. " Waterworks Clauses Act, 1847": Local Act "Annual value" Principle of assessment Water rent volun- tarily (but ignorantly) paid on a wrong basis, and therefore overpaid Held that the Con- sumer could recover back the amount so over- paid. (59 L. T., 636 : 53 J. P., 70 : and see p. 535 of same vol.) 1883. [1730] Smith v. Birmingham Mayor. Special Act Water Rates to be calculated on "annual rent " This held to mean " gross estimated rental " Deductions for compounded Rates. (52 L. J.,M. C., 81: L. R., 11 Q. B. D., 195: 49 L. T., 25 : 47 J. P., 615.) [But see Dobbs v. Grand Junction Co.] 1886. [1731] South Staffordshire Waterworks Co. v. Mason. " Waterworks Clauses Act, 1847 " Deposit of plans pursuant to 19-20 a condition precedent to a right to support under 28 Where this not done no right to recover for injury done to Water mains by working of Minerals. (56 L. J., Q. B., 255 : 57 L. T., 116.) 1881. [1732] Southend Water Co. v. Howard. " Public Health Act, 1875, 62 Non-compliance of house- owner with notice from Local Authority to obtain a supply of water Owner held liable, and that it was not a condition precedent that the works necessary to take water into the house should have been executed by plaintiff. (53 L. J., Q. B. D., 354 : L. R., 13 Q. B. D., 215 : 48 J. P., 469.) 1889. [1733] Southward & Vauxhall Water Co. V. Dickenson. "Southwark, &c., Water Act, 1852," 53, 56, 57 There is nothing herein to preclude a Water Company from entering into a con- tract for the supply of Water for domestic purposes. (5 Times L. R., 251.) 1888. [1734] Stevens v. Barnet Gas & Water Co. " Waterworks Clauses Act, 1817," 68 : Special Act " Annual value " held equivalent to " annual rack-rent," and owner occupying his own house held liable to pay Water Rates on its " gross estimated rental." (57 L. J., M. C., 82 : 36 W. R., 924.) [Cf. Warrincjton v. Longsliaw.'] 1888. [1735] Styles v. East London Waterworks Co. Negli- gence Liability Detective state of Water- plug. (4 Times L. R., 190.) 1879. [1736] Tatton v. Sta/ordshire Potteries Waterworks Co. " Waterworks Clauses Act, 1847," 6 Stream fouled by Water Co. Business of plaintiff, an owner of Dye-works, injured, whereby the saleable value thereof was de- preciated Plaintiff held entitled to recover damages for weekly loss of profits, but not for amount of depreciation as shewn by result of sale. (44 J. P., 106.) 1890. [1737] Ward v. Folkestone Water Co. Local Act A " screw-down " valve is not an apparatus for regulating the supply of water to a house the nun-provision of which justifies a Water Company in cutting off the supply. (59 L. J., M. C., 65 : L. R., 24 Q. B. D., 334 : 62 L. T., 321 : 54 J. P., 628.) 1882. [1738] WarringtonWater Co. v. Longshaw. " Waterworks Clauses Act, 1847," 68 : Special Act Water Rates are payable on the " Rateable Value " of the premises, and not on the " Gross Esti- mated Rental." (51 L. J., Q. B., 498 : L. R., 9 Q. B. D., 145 : 46 L. T., 815 : 46 J. P., 773.) 1883. [1739] Weaver v. Cardiff Corporation. Local Act Bath in private house held used for a " Do- mestic" purpose, and therefore not subject to a special charge leviable on "baths, wash- houses, or public purposes." (48 L. T., 906 : 47 J. P., 599.) J1885. [1740] West Middlesex Water Co. v. Coleman. Premium paid for lease may be taken into account in fixing annual value of premise*. (54 L. J., M. C., 70 : L. R., 14 Q. B. D., 529 : 52 L. T., 578 : 49 J. P., 341.) 1889. [1741] West Middlesex Water Co. v. Tappenden. Special Acts Held that under the circumstances the Company was not bound to provide a constant supply. (Times, May 18, 1889.) 1884. [1742] Whitehaven Union V. Cockermouth & Workington Joint Water Committee. Contract to " supply " water by meter Maximum quantity speci- fied Held that no particular pressure was to be understood. (Times, April 25, 1884.) 1884. [1743] Whiting v. East London Water Co. "Water- works Clauses Act, 1847," 68 Dispute as to Rate Justices must define "animal SECT. 80.] 1744 WATER, POLLUTION OF. 1759 109 valne" before occupier can sue for cutting off and overcharge. (1 Cab. & Ellis, 331.) 1890. [1744] Wolverhampton Corporation v. Bilston Commis- sioners. " Public Health Act, 1875," 52 Corporation held 1o be undertakers supplying water for their own profit Injunction gran ted against defendants seeking to set up a com- petitive supply. (L. K., 1 Ch., 315.) 1888. [1745] Yeadon L. B. and Yearlon Water Co. Arbitration, In re. " Public Health Act, 1875" 52 Deficient supply of water Notice of Arbitra- tration Umpire's award Award held duly made although larger in scope than Water Company intended. (58 L. J., Ch. 563 : L. R., 41 Ch. D., 52: 60 L. T., 550.) 80. WATER, POLLUTION OF. (i.) BY GAS. 1860. [1746] Hipluns v. Birmingham & Staffordshire Gas-light Co. Special Act " Suffer to flow "Pol- lution of well by percolation of Gas washings Company held liable, though such percola- tion was due to the working of a mine by strangers. (30 L. J., Ex., 60 : 6 H. & N., 250 : * 1 L. T., 303.) 1874. [1747] Millingtonv. Griffiths. Pollution of well by Gas Company Where noxious matter percolates through soil from Gas-works, such percolation renders Gas Owners liable to penalty pre- scribed by " Lighting Act, 1833," 50 A well does not cease to be entitled to protec- tion merely because out of use Judgment for plaintitf. (30 L. T., 65.) 1863. [1748] *l'arnj v. Croydon Commercial Gas & Coke Co. "Gas-works Clauses Act, 1847," 21. (15 C. 13., (N. s.), 568.) [Part of decision ren- dered nugatory by "Public Health Act, 1875," 340.] 1834. [1749] Eex v. Medley. Pollution of River by Gas-wash- iugs Indictment against the chairman and officers of a Company Verdict of " Guilty " against several of the defendants. (6 C. & P., 292.) 1880. [1750] Stansfield v. Yeadon Gas Co. "Public Health Act, 1875," 68 The object of this section is to prottct any water from being fouled, whether running or not The "stream" need not be vested in one person Any one of several riparian owners may sue for the penalty, but the penalty can only be re- covered once, and that by the person who first obtains judgment. (2 Municip. Corp. Assoc. Month. Circular, 289.) (ii.) BY SEWAGE. 1872. [1751] Askew v. Ulverstone L. B. Pollution of Stream by Sewage Complaint not supported by the evidence Injunction refused, without costs (W. N., 1872, p. 81.) 1873. [1752] A.-G-. v. Aylesbury L. B. H. Pollution of Stream by Sewage Injunction granted and tem- porarily suspended. {Times, Dec. 18, 1873.) 1874. [1753] A.-G. v. Barnsley, Mayor. Pollution of River by Sewage Offensive smells in hot weather Case fully established Injunction granted Per James, L. J. : " There could be no pre- scriptive right to justify a public nuisance." (W. N., 1874, p. 37.) 1876. [1754] A.-G. v. Basingstoke, Mayor. Pollution of disused canal by Corporation sewage Injunction granted, though Corporation derived no advantage from the practice which caused the nuisance. (45 L. J., Ch., 726 : 24 W. R., 817.) 1871. [1755] A.-G. v. Birmingham Council (2). Nuisance Sewage Injunction granted, and consider- able suspension of it refused because Coun- cil had been remiss in adopting remedial expedients. (4 K. & J., 528 : 24 L. T., 224 19 W. R., 561.) 1881. [1756] A.-G. v. Birmingham, Mayor. Decree made re- straining the pollution of a stream by sewage, but its operation suspended for 5 years to permit remedial works On a dif- ferent Authority being created, with a dif- ferent area, but clothed with the powers, &c., of the Authority against which the Decree had been originally made, held, that the Bill could not be amended after final Decree bv adding the new Authority as parties, anil that the Decree could only be enforced by an Action brought for the purpose. (L H 15 Ch. D., 423 : 43 L. T., 77.) A fresh Action having been brought (nom. A.-G. v. Birmingham, Tame, & Pea Drainage Board) a demurrer was allowed, the proper remedy being an entirely fresh Action on fresh proof of nuisance 275 of the " Public Health Act, 1875," only relates to obligations under the Act, and does not extend to independent proceedings or Decrees or Orders made there- under The Injunction granted in the ori- ginal suit would not run with the land so as to affect a transferee or purchaser. (50 L . J., Ch., 786: L. R., 17 Ch. D., 685: 44 L. T., 906 : 46 J. P., 36.) 1884. - [1757] A.-G. v. Burslem L. B. Pollution of stream by sewage Injunction followed by Order for sequestration Latter Order not to be en- forced for 6 months Orders so conditioned disapproved of by the Court. (Times, Feb. 16, 1884.) t 1872, C i 7 5 8] A.-G. v. Castleford L. B. Suit to restrain pollu- tion of River Proof of plaintiff's title- Practice Affidavits as to documents. (27 L. T., 644: 21 W. R., 117.) 1874. [1759] A.-G. v. Cockermouth L. B. Information by the Attorney-General and Bill by one Local 110 1760 PUBLIC HEALTH, 1777 [PART I. Board against another Pollution of river by sewage Bill dismissed, the evidence of nuisance being insufficient, but Injunction granted on the information, on ground of infringement of 24 & 25 Viet , c. 61 [ = " Pub- lic Henlth Act, 1875," 16-17]. (44 L. J., Ch. 118 : L. R., 18 Eq., 172 : 30 L. T., 590 : 38 J. P., 660.) 1868. [1760] A.- G. v. Colney Hatch Lunatic Asylum. Nuisance from overflow of sewage Principles on which the Court will proceed when .applied to ior an Injunction If a public Body with Sta- tutory Powers for a particular obji ct exercises its Powers BO as to injure property it is re- sponsible for the injury unless the act done was absolutely necessary to carry out the Statutory duty. (38 L. J., Ch., 265 : L. E., 4 Ch. App., 146 : 19 L. T., 708.) 1875. [1761] A.-G. v. Darlington, Mayor. Pollution of river by refuse trom sewage deodorisation works Injunction granted. ( Times, March 24, 1875.) Extension of time allowed. (Times, Nov. 26, 1875.) Further extension allowed. (Times, May 26, 1876.) 1881. [1762] A.-G. v. Dorking Union. Pollution of Water- course by town Sewage flowing through cer- tain Sewers made by a Highway Board Neglect of Sanitary Authority to provide drainage not a ground of Action by an indi- vidual for damages or an Injunction Remedy Mandamus Glossop v. Heston L. B. fol- lowed. (Times, Jan. 25, 1881.) Subsequently, on a Local Board being established for the District, and an Appeal against the above decision being lodged, an application was made to the Court that the Local Board should be added as defendants Application refused New proceedings must be taken if desired A.-G. v. Birmingham, Mayor, fol- lowed. (Times, May 26, 1881.) 1882. [1763] A.-G. v. Dorking Guardians. Action by Land- owner to restrain pollution of stream by sewage where defendants neglected to take any remedial measures Judgment for de- fendants Glossop v. Heston followed. (51 L. J., Ch., 585 : L. R., 20 Ch. D., 595 : 46 L. T., 573.) 1870. [1761] A.-G. v. Gee. Nuisance Pollution of Stream by Sewage Injury trifling Injunction refused Consideration of circumstances under which the Court will interfere. (L. R., 10 Eq., 131 : 23 L. T., 299 : 34 J. P., 596.) 1875. [1765] A.-G. v. Hackney B. W. Pollution of watercourse by sewage Defence that the watercourse was a sewer held bad Injunction. (44 L. J., Ch., 545 : L. R., 20 Eq., 626 : 33 L. T., 245.) 1869. [1766] A.-G. v. Halifax Corporation. Nuisance Pollu- tion of stream Injunction granted. (39 L. J., Ch., 129 : 21 L. T., 52 : [Costs] L. R., 12 Eq., 262.) [It was intimated by the Court in North Staffordshire Hallway v. Tun- stall that the Order here made would be treated as a " Model Order."] 1865. [1767] A.-G. v. Kingston-on-Thames, Mayor. Nuisance by discharge of Sewage into a river Infor- mation dismissed without prejudice to a future application. (34 L. J., Ch., 481 (Us) : 12 L. T., 665 : 29 J. P., 515.) 1870. [1768] A.-G. v. Leeds, Mayor. Local Act Pollution of river by sewage If a nuisance is proved the relators must be protected whatever may be the consequences Injunction granted. (39 L. J., Ch., 254 : L. R., 5 Ch. App., 583 : 22 L. T., 330.) 1856. [1769] A.-G. v. Luton L. B. H. Pollution of River In- crease of population no answer Injunction granted. (27 L. T., (o. s.), 212 : 20 J. P., 163.) 1863. [1770] A.-G. v. Metropolitan B. W. Pollution of River Statutory powers Modified Injunction granted General remarks on the dealings of public Bodies with individuals affected, as regards courtesy in correspondence, &c. (1 H. & M., 298 : 9 L. T., 139.) 1875. [1771] A.-G. v. Newcastle-under-Jjyne Corporation. Non- compliance with an Injunction issued 16 years previously to stop flow of sewage Se- questration issued. (Times, Dec. 10, 1875.) 1866. [1772] A.-G. v. Eichmond. "Nuisances Removal Acts" [Repealed] Highway Board the Local Au- thority Pollution of a brook Injunction granted. (35 L. J., Ch., 597 : L. R., 2 Eq., 306 : 14 L. T., 398 : 30 J. P., 708.) 1875. [1773] A.-G. v. Tunstall L. B. H. Pollution of river by sewage outfall works Injunction. (W. N., 1875, p. 66.) 1878. [1774] A.-G. v. Walthamstow L. B. Information filed fit the relation of an adjacent Local Authority to restrain the pollution of a brook Injunc- tion granted On further default after 3 years in remedying nuisance Sequestration applied for. (W. N., 1878, p. 90.) 1885. [1775] Ballard v. Tomlinson. Water in well polluted by sewage sent into another well 99 yards dis- tant Held that though the pollution resulted from underground percolation there was a remedy at Law. (54 L. J., Ch., 454 : L. R., 29 Ch. D., 115 : 52 L. T., 942 : 49 J. P., 692.) 1862. [1776] Bidder v. Croydon L. B. Pollution of river by sewage imperfectly deodorised Fish killed Injunction granted. (6 L. T., 778.) 1871. [1777] Birt v. Monmouthshire Sewers Commissioners Pollution of stream by refuse Claim of user for 60 years Conviction quashed, it not being clear that there was a public nuisance. (35 J. P., 372.) SECT. 80.] 1778 WATER, POLLUTION OF. 1794 111 1873. [1778] Broughton v. Crewe L. B. Pollution of Stream Injunction granted, but time allowed and then extended. (Times, Nov. 26, 1873.) 1864. [1779] Cuter v. LewisJiam B. W. Pollution of Stream by new system of Sewers Action for Nuis- sance held maintainable No remedy by compensation. (34 L. J., Q. B., 74 : 5 B. & S., 115: 13 L. T.,212.) 1889. [1780] Chapman v. Auckland Union. A Sanitary Autho- rity polluted a stream witli sewage causing a nuisance to a Riparian owner On an Action for an Injunction the Judge, thinking the nuisance to be one not likely to recur except in very dry seasons, awarded damages in lieu of an Injunction Held that this was legal though no notice of action had been given pursuant to the " Public Health Act, 1875," 264. (58 L. J., Q. B., 504: L. R, 23 Q. B. D., 294 : 61 L. T., 446 : 53 J. P., 820.) 1883. [1781] Charles v. Finchley L. B. Action against Board for not prosecuting a third party polluting a stream held maintainable, the third parly being under contract with the Board, and having failed to comply with the conditions of his contract Glossop v. Heston and other analogous cases distinguished. (52 L. J., Cli., 554 : L. R., 23 Ch. D., 767 : 48 L. T., 569 : 47 J. P., 791.) 1888. [1782] Clarke v. Somerset Drainage Commissioners. A prescriptive right to pollute a stream with refuse of one sort does not render lawful an- other sort of pollution caused by a different method of carrying on an offensive trade Conviction affirmed. (52 J. P., 308.) 1867. [1783] Crossley v. Lightowler. Nuisance Prescriptive right to pollute a Stream Rights of Riparian Proprietors generally Injunction granted A nuisance cannot be justified by the exist- ence of other nuisunces of a similar character. (36 L. J., Ch., 584 : L. R., 2 Ch. App., 478 : 16 L. T., 438.) 1888. [1784] Downing v. Falmouth Sewage Board. Pollution of water by sewage Practice Affidavits as to documents. (58 L. T., 296.) 1866. [1785] Feilden v. Blaclcburn Corporation. Pollution of river by sewage Injunction granted. (W. N., 1866, p. 256.) 1884. [1786.] Fletcher v. Bealey. Apprehended pollution of stream by Alkali Works In order to main- tain a Quia timet Action to restrain an appre- hended injury plaintiff must prove imminent danger of a substantial kind, or that the apprehended injury, if it does come, will be irreparable. (54 L. J., Ch., 424 : L. R., 28 Ch. D., 688: 52 L. T., 541.) 1890. [1787] Gi/ard v. Wolverhampton Corporation. Sewage farm Effluent water impure and trout stream polluted Prolonged correspondence and legal proceedings Sequestration granted but suspended for 6 months. (Times, May 2, 1890.) 1879. [1788] Glossop v. Heston and Isleicorth L. B. Pollution of stream by sewage, numerous houses having been built for the sewage of which no provi- sion had been made by the Local Authority Action held not maintainable Remedy, Pre- rogative Mandamus Xeglect by a Board to perform a public Statutory duty does not entitle every individual damnified thereby to bring an Action for damages or to obtain a mandatory injunction But where Board has done acts to create or increase a nuis.mce the Board is liable at Common Law. (49 L. J., Ch., 89 : L. R., 12 Ch. D., 102 : 40 L. T., 736 : 44 J. P., 36.) 1866. [1789] Goldsmid v. Tunbridge Wells Improvement Com- missioners. Nuisance Sewage A prospec- tive nuisance is not in itself a ground for interference, but if some present nuisance exists the Court will consider its probable increase; a prospective right to pollute a stream can only be acquired by the continu- ance of a perceptible amount of injury for 20 years Per Turner, L. J. : "It is not in every case of Nuisance that the Court will interfere. I think that it ought not to do so where the injury is merely temporary and trifling." (35 L. J., Ch., 382 : L. R., 1 Ch. App., 349 : 14 L. T., 154 : 30 J. P., 419.) 1858. [1790] Higgs v. Godwin. Patent for Utilization of Se- wage Where a Local Board uses a patent process not for commercial profit, but merely for the purification of sewage water, it is not necessarily guilty of an infringement of the patent. (27 L. J., Q. B., 421 : E. B. & E., 529 : 31 L. T., (o. a), 196.) 1873. [1791] Isle of Wight Oyster Fishery Co. v. Newport, Mayor. Sewage Outfall Alleged injury to oyster beds Injunction refused. (Times, Nov. 21, 1873.) 1885. [1792] Jersey (Earl of) v. Woodward. Stream polluted by sewage Injunction granted to restrain any moro sewer connections being made whereby the pollution would be increased. (Times, Jan. 27, 1885.) 1892. [1793] KirJcheaton L. B. v. Ainley (2). " Public Health Act, 1875," 21: "Rivers Pollution Act, 1876," 3 : " County Courts Act, 1888," 120, 124 A person who permits sewage from his premises to drain into a natural water- course which has become a sewer under the " Public Health Act " and which sewer pol- lutes a stream is not to be deemed a person polluting the stream within the " Rivers Pollution Act." (L. R., 2 Q. B., 274 : 66L.T., 340 : 56 J. P., 374.) 1884. [1794] Lea Coitservancy Board v. Hertford, Mayor, tie- 112 1795 PUBLIC HEALTH. 1814 [PAET I. wage disposed of in a way and under condi- tions prescribed by Parliament The Parlia- mentary conditions having been complied with, Action held not maintainable, although some evidence of nuisance was forthcoming. (1 Cab. & Ellis, 299 : 48 J. P., 628.) 1867. [1795] Lillywhite \. Trimmer. Nuisance Pollution of Stream by Sewage Injunction refused, the plaintiff not having sustained material injury Consideration of the circumstances under which the Court will interfere. (36 L. J., Ch., 525 : 16 L. T., 318.) 1877. [1796] Londonderry (Marquis of) v. Ehoswydol Lead Mining Co. Fish poisoned by refuse from Lead Works Injunction granted. (Times, Aug. 3, 1877.) 1857. [1797] Manchester, Sheffield, n-in-Mul;erfield Commis- sioners. Turnpike Road ceasing to be such and becoming a main Road Yorkshire W. R., JJ. v. The Queen, followed. (56 L. J., M C., 17 : L. R., 11 App. Cas., 416 : 55 L. T., 615 : 51 J. P., 68.) 1881. [1930] Lancashire JJ. v. Rochdale, Mayor. Certain roads which hod been turnpike roads held not to have become chargeable in part to the county (under the "Highways Act, 1878," 13), when by reason of an enlargement of the borough boundaries such roads ceased to be turnpike property. (53 L. J., M. C., 5 : L. R., 8 App. Cas., 494 : 49 L. T., 3G8 : 48 J. P., 5.) 1SSS. [1931] Leek Commissioners v. Staffordshire JJ. " High- ways Act, 1878," 13 Converting a mac- adamised road into a paved road does not come within the term '' maintenance," and a Highway Authority cannot recover half the expenses from the County Authority. (57 L. J., M. C., 102 : L. R., 20 Q. B. D., 794.) 1883. [1932] Middlesborough Overseers v. Yorkshire, N. R., JJ. "Highways Act, 1878," 13: Local Act- Local Act held not available to exempt in- habitants of an extended Borough area from payment of County Rates in respect of Main Roads outside extended limits. (L. R., 12 Q. B. D., 239 : 32 W. R., 671.) 1884. [1933] Over Darwen, Mayor v. Lancaster JJ. " High- way Act, 1862," 2 : " Highways Act, 1878," 13, 38" County Authority " held liable in respect of a disturnpiked Road within the limits of a newly incorporated Borough. (54 L. J., M. C., 51 : L. R., 15 Q. B. D. 20 : 51L. T., 739- 48 J. P., 437.) 1881. [1934] Pearce v. East Ashford Union. "Highways Act, 1878 " A Rural Sanitary Authority exer- cising the powers of a Highway Board is not a Highway Authority within 10, as inter- preted by 38. (At Q. Sess.) (45 J. P. 457.) 1884. [1935] Reg. v. Dover Recorder. " Highways Act, 1878," 15 A Borough Recorder may be a " County Authority " within this enactment. (49 J. P., 86 : see also 49 J. P., 456.) 1885. [1936] Reg. v. Local Government Board (3). " Highways Act, 1878," 16 The Local Government Board may make a Provisional order on an application made later than Feb. 1, 1879. (54 L. J., M. C., 104 : L. R., 15 Q. B. D., 70 : 53 L. T., 194 : 49 J. P., 580.) 1883. [1937] Yorkshire, W. R., JJ. v. The Queen. " Highways Act, 1878," 13 A Turnpike road does not cease to be a Turnpike road within this section merely because by an arrangement with an Urban Authority it becomes an Urban Street Nor does so cease on the removal, by arrangement, of certain Toll-gates. (53 L. J., M. C., 41 : L. R., 8 App. Cas., 781 : 49 L. T., 786 : [ Y. v. Sheffield] 48 J. P., 228.) 122 1938 HIGHWAYS. 1950 [PART II. 2. LEGAL PROCEEDINGS BY AND AGAINST AUTHORITIES MAN- AGING HIGHWAYS. %*^See also "Liability for Accidents " (Part I., 47, ante). 1832. [1938] Alston v. Scales. A Surveyor is liable to a rever- sioner for cutting away a portion of a bank by the side of a road though the property is improved thereby Eemoval of the smallest portion of soil must in general be esteemed an injury to land, as tending to alter the evidence of title. (1 L. J., M. C., 95 : 9 Bing., 3 : 2 M. & Scott, 5.) 1845. [1939] Barber, In re. " Attorneys and Solicitors Act, 1843," 6 &7 Viet., c. 73, 37 Attorney em- ployed by Highway Surveyor to conduct an Indictment for an obstruction and for other business Whole Bill of Costs paid out of Highway Rate Held that Ratepayers were not persons " liable to pay " within the above enactment, and could not therefore apply to have the bill taxed. (15 L. J., Ex., 9: 14 M. & W., 720 : 3 Dowl. & L., 244.) 1811. [1940] Boyjield v. Porter. " Highway Act, 1773," 27 and 29 [Repealed but re-enacted in nearly the same terms in the " Highway Act, 1835," 51 and 54] Surveyors having broken a new way over the Plaintiffs Land in order to move materials to be used for re- pairs although an old but circuitous road existed ; and having after the damage done, and after an Action of Trespass brought against them, paid money into Court by way of amends Held that the sufficiency of such amends could not be questioned at Nisi Priux, the Statute having referred the quantum of amends, if not agreed upon, to Justices But it is competent to the Plaintiff in such Action to show that the making of such new road over his land was maliciously or wantonly done by the Surveyors, and not for the neces- sary or convenient conveyance of the materials over the land for the purposes of the Act ; and in such case he would not be concluded by the amends tendered or paid into Court. (13 East, 200.) 1883. [1941] Carter v. St. Giles's B. W. Application for In- junction to restrain the narrowing of a cart- way by abstracting space for formation of a footway Application refused, it being shown that a footway was desirable, and that de- fendants had not exceeded their powers. (Times, June 23, 1883.) 1892. [1942] Cowley v. Newmarket L. B. Action for personal injuries caused by stepping oil' a pathway unprotected by a dwarf wall Held that no duty lay on the Board to guard the wall Russell V. Men of Devon, and MacKinnon v. Penson followed : llartnall v. Hyde distin- guished. (L. R., A. C., 345.) 1879. [1943] v. Hunter. " Highway Act, 1835," 76 " Waggon " Cart without name on it The section applies to a cart or carriage, ejusdem generis, with a waggon, and not to a light spring cart much used for carrying persons and paying duty under 32 & 33 Viet, c. 14, 18. (49 L. J., M. C., 15 : L. R., 5 Q. B. D., 20 : 41 L. T., G22 : 43 J. P., 781.) 1845. [1944] Davis v. Curling. " Highway Act, 1835," 109 Alleged neglect of Surveyor to remove or protect a heap of gravel Held that the de- fendant was entitled to Notice of Action. (15 L. J., Q. B., 56 : 8Q. B.,286.) 1839. [1945] Duncan v. FindJater. The Trustees under a Public Road Act held not responsible for an injury occasioned by the negligence of the men employed in making or repairing their road The funds raised under such Act can- not be charged with compensation for such an injury ; the persons employed on the road not being in the situation of servants to the Trustees. (6 Cl. & Fin., 894.) [A Scotch case which contains a summary of previous English decisions.] 1861. [1946] Hardwire v. Moss. " Highway Act, 1835," 109 Erection of Weighing-machine Excava- tion made in highway for the purpose ot placing the machine, and materials excavated left in a heap and unlighted Accident to Vehicle A Surveyor who has reasonable ground for believing that lie is acting " under the authority of the Act " is entitled to Notice of Action. (31 L. J., Ex., 205 : 7 H. & N., 13G : 4 L. T., 802.) 1876. [1947] Holland v. Northwich H. B. " Highway Act, 1835," 109 Neglect to repair a handrail ou a bridge Injury to traveller Such an act of omission to repair held to come within the definition of " something done under the Statute," and Notice of Action necessary. (34 L. T., 137 : 40 J. P., 317.) 1846. [1948] Huggins \. Waydey. " Highway Act, 1835," 109 Tree cut down by Surveyor informally appointed but bond fide believing the con- trary and acting in pursuance of the Act Action for Trespass Held, that the Surveyor was entitled to Notice of Action. (16 L. J., Ex., 136 : 15 M. & W., 357.) 1886. [1949] Loughborough H. B. v. Curzon. Proceedings before Justices for non-repair A bond Jide admi-sion by a Waywardeu that a road is a highway repairable, &c., is binding on the Highway Board and cannot afterwards be repudiated. (55 L. J., M. C., 122 : L. R., 17 Q. B. D., 344: 55 L. T., 50 : 50 J. P., 788.) 1864. [1950] Ohrby v. Hyde Commissioners. " Towns Improve- ment Clauses Act, 1847," 52 Neglect to SECT. 2.] 1951 LEGAL PROCEEDINGS, &c. 1965 123 fence a dangerous footpath Defendants held liable Commissioners acting gratuitously in the disci large of a public duty are liable for an injury caused by a breach of duty on their part, without proving that they possess funds, or means of raising funds. (33 L. J., Q. B.,29G: 5 B. &S.,743.) 1867. [1951] Parsons v. St. Matthew's, Bethnal Green, Vestry. The Common Law liability being on the Parish, an action for non-repair of a high way will not lie against a Vestry under the " Me- tropolis Local Management Act, 1855." (37 L. J., C. P., 62 : L. B., 3 C. P., 56 : 17 L. T., 211.) 1857. [1952] Eeg. v. Arnould. " Highway Act, 1835," 94 On a summons against a Surveyor or other person for non-repair, if the obligation to repair is denied, the Justices have no juris- diction to make an Order ; but are bound under 95 to direct that an Indictment be preferred. (27 L. J., M. C., 92 : 8 E. & B., 550 : [Reg. v. Berkshire J7.] 30 L. T.,(o. s.), 149.) 1839. [1953] lleij. v. Bedfordshire JJ. Highway Act, 1835," 105 Notice of appeal against a conviction by 2 Justices Notice served on Surveyors and on only one Justice, though addressed to both, held bad. (9 L. J., M. C., 8 ; 11 A. & E., 134 : 3 P. & D. } 21.) 1867. [1954] Ileg. v. Burrell. Trifling encroachment 0:1 a highway sanctioned verbally by the Office-is of the Trustees, and afterwards approved by the Trustees, but such approval not entered in the Minute Book. Held that the Defend- ant was, under the circumstances, improperly convicted of an encroachment. (16 L. T., 572 : 10 Cox, C. C., 462.) 1863. [1955] Eeg. v. Duliinfield Township. " Highway Act, 1835," 23: "Public Health Act,' 1848," 69-70 Highway Dedication In places where a Local Board are Surveyors, the " Highway Act, 1835," is constructively superseded so far as regards the steps to be taken to secure the "adoption "of a road, and therefore the road must be made to the satisfaction of the .Board. (32 L. J., M. C., 230 : 4 B. & S., 158.) 1888. [1956] Reg. v. London & North Western Hallway Co. Indictment for flooding a highway Appli- cation that the tine imposed shall be large enough to cover all the Costs incurred by Prosecutors, refused The Court will impose a proper fine but will not do indirectly tl.at which it could not do directly, i.e., make the unsuccessful defendant pay all the costs o! the prosecution. (52 J. P., 821.) 1880. [1957] Reg. v. I'lutf*. A Local Board bus no power ntero niotn to authorise encroachments on a highway by a landowner, even to a very small extent, and with a view of improving the line of the road Such powers can only be had by resort to the formalities of the " High- way Acts" Indictment by a neighbour, who conceived himself prejudiced by Board's action Verdict of guilty against encroaching landowner held good. (49 L. J., Q. B., 849 : 43 L. T., 159 : 44 J. P., 765.) 1864. [1958] Reg. v. Wadhurst. Semlle that an Indictment for non-repair though in form a criminal pro- ceeding is in substance and truth a civil proceeding, and therefore may be referred. (At Nisi Prius.) (Times, March, 24, 1864.) 1797. [1959] Rex v. Bagshaic. "Highway Act, 1773," 82 [Repealed] Inquisition by Jury to assess compensation It must appear on the face of the proceedings that notice has been given to the owners of the land. (7 T. R., 363.) 1836. [1960] Rex v. Norwich & Walton Road Trustees'. " Turn- pike Act, 1822," 85 Compensation fur taking land Where there are several parties with separate interests in the same premises, the Inquisition must specify the compensation to be given to eacli An Inquisition award- ing a lump sum to the whole of the parties, quashed. (6 L. J., K. B., 41 : 5 A. & E., 563 : 1 N. & P., 32 : 2 H. & W., 385.) 1840. [1961] Rix v. Borton. " Highway Act, 1835," 109 The enactment that 21 days' Notice of Action is to be given to Justices, &c., does not by implication repeal the privilege of a Justice to have, under 24 Geo. II., c. 44, 1, a month's notice. (9 L. J., M. C., 93 : 12 A. & E.,470 : 4 P. & D., 182.) 1812. [1962] Roberts v. Read. "Highway Act, 1773," 81 [Repealed] Wall adjoining a highway undermined by Surveyors Es'entual fall thereof The limitation of time for bringing an Action held to run not from the date of the undermining, but from the date of the accident. (16 East, 215.) 1878. [1963] Robinson v. Stevew'tt. " Highway Act, 1835 " Summons under 20 against a Surveyor for neglecting to repair a road No proceedings under 94 Held that the procedure pointed out in 94 must be followed, and that the Surveyor could not be convicted summarily under 20. (38 L. T., 611 : 42 J. P., 356.) 1847. [1964] Smith v. Hopper. "Highway Act, 1835," 109 Surveyor ordered by Highway Board to remove a gate which obstructed a supposed ancient foot-way without first applying to Justices Action for Trespass against various members of the Board and the Surveyor Held that Notice of Action was necessary, the act being done bond fide, and not being utterly unreasonable. (16 L. J., Q. B., 93 : 9 Q. B., 1005 : 8 L. T., (o. s.), 469.) 124 1066 HIGHWAYS. 1977 [PAUT II. 1877. [1965] Taylor v. Meltham L. B. H. "Highway Act, 1835," 109: "Public Health Act, 1848," 117 and 139 [Repealed] Held that an Action of Trespass commenced after the ex- piration of the 3 months mentioned in the former Act, but before the expiration of the 6 months mentioned in the latter Act, was commenced in time, the later Act operating to extend the earlier one. (47 L. J., C. P., 12.) 18G4. [19G6] lliomas v. Marshall. Obstruction of highway by stones placed there Conviction of a Sur- veyor of Highways set aside because there was no evidence that he caused the obstruc- tion, or was the Surveyor. (29 J. P., 23.) 1854. [1967] Tryddyn Surveyors, In re; Harrison, Ex parte. "Highway Act, 1835," 95, 103 Indict- ment for non-repair Costs payable under 95 are not recoverable by Distress against the Surveyor, but are to be paid out of a Kate If needs be, a Kate must be levied. (23 L. J., M. C., 45 ; [Beg. v. Eytori] 3 E. & B., 390 ; [Reg. v. Flintshire JJ.~] 22 L. T.,(o. s.), 281.) 1825. [1968] Underhill v. Ellicorribe. "Highway Act, 1773," 34 [Repealed] Held that Surveyors could not maintain an Action for debt to recover composition money, duly assessed in lieu of Statute Duty, a specific remedy by Distress having been prescribed When a Statute prescribes a particular remedy, that remedy must be taken, and no other. (M'Cleland & Y., 450.) 1832. [1969] Witham Navigation Co. v. Fadley. " Highway Act, 1773," 12 and 82 [Repealed] Action for Trespass against Surveyors for removing a watch-house Power to Surveyors to re- move Nuisances on Highways held not to authorise them to pull down a building Thej should have resorted to their remedy at Common Law. (2 L. J., M. C., 29: 4 B. & Ad., 69.) 1863. [1970] Young v. Davis. " Highway Act, 1835," 109 No Action lies against a Surveyor for damage resulting from neglect to repair a highway The proper remedy would be by Indictment against the Parish. (2 H. & C., 197 : 9 L. T., 145.) 3. HIGHWAY ACCOUNTS (a). 1858. [1971] Adams v. Lalieman, " Highway Act, 1835," 44, imposing penalty on Surveyor for not ac- counting, only applies to an ordinary Sur- veyor ; not to the Assistant Surveyor of a Board formed under 18 of that Act. (27 L. J., M. C., 307 : E. B. & E., 615 : 31 L. T., (o. s.), 199.) (a) For other cases connected with this subject, see Chambers's Local Hates, 2nd ed., 8vo. London, 1889. 1836. [1972] Addison v. Round. Highway Act, 1773," 48 [Repealed] Held that Churchwardens and Overseers, as representing the Parish, had not such a property in the books of an out- going Surveyor as to entitle them to main- tain Trover The only remedy was that pro- vided by the Statute, viz., a penalty for non- compliance with the directions of the Statute as to the delivery of the books. (5 L. J., K. B., 152 : 4 A. & E., 799 : G N. & M.,422.) 1877. [1973] Ashworth v. Hebden Bridge L. B. Motion to re- strain a Local Board from levying a Rate to repair a road until the Queen's Bench Divi- tion had disposed of a special case stated to ascertain whether the road was a highway or not Injunction granted till the question had been decided, but plaintiff meanwhile to pay into Court the amount in dispute. (47 L. J., Cli., 195 : W. N., 1877, p. 247 : 37 L. T., 496.) 1862. [1974] Cave v. Mills. A Turnpike Surveyor for several years knowingly omitted in his accounts liabilities duly incurred by him The Trus- tees settled each year the accounts of that year, except the last Held that the Sur- veyor could not recover any omitted sums except those which belonged to the last year. (31 L. J., Ex., 265 : 7 H. & N., 913 : G L. T., 650.) 1861. [1975] Champ v. Stolces. Attorney's Bill of Costs against a Highway Surveyor in respect of certain Highway business Held that the Heading " To the Surveyor," &c., was a sufficient de- livery of the Bill within the " Attorneys and Solicitors Act, 1843," 37. (30 L. J., Ex., 242 : G H. & N., 683 : 4 L. T. s 334.) 1830. [1976] Heudelourck v. Langton. " Highway Act, 1773," 48 [Repealed] Held that an incoming Surveyor could not maintain an Action against his predecessor for balance in hand, until the accounts had been allowed or dis- allowed in manner directed by the Act. (8 L. J., (o. s.), M. C., 134 : 10 B. & C., 546.) (S. C. at NisiPrius : 3 C. & P., 566 : 1 Mood. & Mai., 402, n.) 1851. [1977] Kilham v. Collier. "Highway Act, 1835," 103 Law Expenses incurred by Surveyor with- out sanction of Vestry Consequent refusal of Vestry to pass his accounts Offer by him to hand over to new Surveyor a sum of money if opposition were withdrawn Agree- ment to this effect endorsed on the accounts, and opposition accordingly withdrawn The money remaining unpaid, Action in County Court by the new Surveyor, who was one of those who signed the agreement Held that there was no contract with the plaintiff in particular, and that tho other Vestrymen should have been joined as co-plaintiffs, and that if tho money was to be treated as a balance due from one Surveyor to another, SECT. 4.] 1978 CKEATION OF HIGHWAYS. 1992 125 Hie procedure prescribed in " Highway Act, 1835," 103, namely, Summary proress, should have been resorted to Semble, that the arrangement with the Vestry was illegal as against public policy. (21 L. J., Q. B., 65: [Collier v. Kilham] 15 Jur., 1175: 18 L. T., (o. s.), 121.) 1835. [1978] Liddurd v. Holmes. Agreement by A, one of 2 Surveyors, to hand over to B, the other, the Rate-Book on promise that A should be re- imbursed out of the next Rate money ad- vanced by him for Highway purposes Money was afterwards collected by B, but B spent it all in repair of roads and refused to repay A Held that A was entitled to sue B for the amount due as on an account stated. (2 C. M. & K., 586 ; 1 Tyr. & G., 9.) 1857. [1979] Reg. v. Leicestershire JJ. " Highway Act, 1835," 44 Accounts of Surveyor allowed in part, disallowed as to the remainder, by the Justices at Special Sessions Held that no appeal either by Parishioners or by Surveyor lay to the Quarter Sessions. (8 E. & B., 557: 21 J. P., 772.) 1858. [1980] Reg. v. Padicicl;. " Highway Act, 1835," 105 : 12 & 13 Viet., c. 45, 5-6 Appeal to Special Sessions against an allowance of accounts of Surveyors Appeal dismissed Thereupon an Appeal to Quarter Sessions Tuat Appeal also dismissed for want of jurisdiction Order of Quarter Sessions that Appellant should pay costs held good under 12 & 13 Viet., c. 45. (27 L. J., M. C., 113 : 8 E. & B., 704 : [fi. v. Packmclt] 30 L. T., (o. s.), 255.) 1841. [1981] Beg. v. Yorkshire, W. R., JJ. (1). " Highway Act, 1835," 44 No Appeal lies to Quarter Sessions against the allowance of Surveyor's accounts at Special Sessions Nor will the Court grant a Mandamus to Petty Sessions to re-examine accounts once passed, although improper items have been passed, and the accounts were not fully investigated because it was supposed that an appeal lay to Quarter Sessions and that the case involved important questions of Law. (10 L. J., M. C., 137 : 1 Q. B., 024 : 1 G. & D., 198.) 1834. [1982] Rex v. Fowler. " Highway Act, 1773," [Repealed] Law Expenses bond fide incurred by Sur- veyors and allowed by Justices, notwith- standing opposition of inhabitants although not agreed to or allowed before charged Such allowance* held good. (1 A. & E., 836; 3N. &M., 826.) 1833. [1983] Hi .1- v. Lewis. Where a Surveyor had improperly allowed the time for producing his accounts and getting them passed, to elapse, a Man- dmitus was granted to compel their produc- tion. (1 Dowl., P. C., 530.) 1886. [1984] Sheppey San. A. v. Elmley Overseers. Rural Sanitary District and Highway Board Dis- trict formerly conterminous but one Parish taken out of Highway District by vote of Quarter Sessions Such Parish held exempt from continuing to contribute to general Highway Rate A Rural Sanitary Authority acting as a Highway Board under the " Highways Act, 1878," 4-, has no power to tax a parish withdrawn. (55 L. J., M. C., 176 : L. R., 17 Q. B. D., 364 : 50 J. P., 343.) Parish restored (51 J. P., 261)- 1862. [1985] Taylor v. Stamfidd. Highway accounts Balance due to Surveyors on an old account repaid out of the Rates after the lapse of 4 years Held that the payment ought to be dis- allowed. (6 L. T./26.) 1884. [1986] United Land Co. v. Tottenham L. B. " Highway Act, 1835," Costs of solicitor employed by Local Board to take steps to obtain diversion at request of private person are not "ex- penses " within 84, which Board can recover summarily under 101, though perhaps they might be recoverable by Action. (53 L. J., M. C., 136: 51 L. T., 364: 48 J. P., 727.) 1885. [1987] Worthington V. Gill " Highway Act, 1864," 33 Allowance of Highway Rate by Justices is not necessary. (49 J. P., 629.) 4. CREATION OF HIGHWAYS. (1.) PROOFS GENERALLY OF A WAY BEING A HIGHWAY. 1678. [1988] Absor v. French. If a highway be founderous a passenger may go over the next adjoining land without being guilty of a trespass. (2 Shower, 28.) 1876. [1989] Bailey v. Jamieson. A Way ceases to be a " Public Highway '' where access to it at both ends becomes impossible by reason of Ways leading to it having been legally stopped up. (L. R., 1 C. P. D., 329: 34 L. T., 62.) 1852. [1990] Bateman v. Bluck. A cul-de-sac may be a public highway. (21 L. J., Q. B., 406 : 18 Q. B., 870 : 19 L. T., (o. s.), 95.) 18<9. [1991] Bourke v. Davis. The River Mole, a non-tidal tributary of the Thames, held on the evidence not a public highway over which there existed unrestricted rights of user by the public Marshall v. UUsirater Steam Navi- gation Co., considered. (L. R., 44 Ch. D., 110.) 1815. [1992] Bullard v. Harrison. Though a man may deviate on to adjoining lund if a public highway is impassable, yet this rule does not apply to 126 1993 HIGHWAYS. 2004 [PART II. the case of a private way which becomes impassable In this case, therefore, the per- sm who deviates becomes a trespasser. (4 Maule & S., 387.) 1853. [1993] CctmpMl v. Lany. A public right of way means a right to the public, to pass from one public place to another public place Scmble tliat t!ic terminus (if a public way need not itself be a public place, if it lead to a public place. (1 Macq., H. L. C., 451.) 1851. [1994] Camplell v. Eace. Way blocked by snow A traveller on a highway rendered impassable by a sudden and recent obstruction may pass over adjoining fields so far as is necessary to avoid the obstruction, doin-j: no unnecessary damage, without being guilty of a Trespass. (7 Gushing, (U.S.) R., 408.) 1868. [1995] CooJt v. Bath, Mayor. Bight of way to back of house Non-user for many years followed by a resumption of user Proposal of Corporation to build so ns to obstruct the way Con- flicting evidence as to way being public or private Where a plaintiff suffers a particular injury from the obstruction of a public wny ' an Injunction will lie, and the Attorney- General need not be a party Circumstances which will amount to an abandonment of an easement, considered. (L. R., 6 Eq., 177 : 18 L. T., 123.) 1839. [1996] Cotterill v. Starhey. A foot passenger has a right to cross a road, and the driver of a carriage is liable to an Action if he does"not take care to avoid driving against him It is no defence that such driver cannot pull up in time because his reins break, for he is bound to have proper tackle The rule as to a carriage being on its proper side of the read does not apply where a carriage and a foot passenger are concerned ; for as regards foot passengers a carriage may go on either side of the road In an Action of Trespass for driving a carriage against the plaintiff, the defence of inevitable accident must be specially pleaded. (8 C. & P., 691.) 1863. [1997] Coventry (Earl of) v. Willes. Declaration in Trespass for entering certain lands Plea, public highway available during I orse races, with an allegation of common right to go and witness the races Other 'similar pleas Picas held bad A customary right can only be applicable to certain inhabitants of the district where the custom is alleged to exist, and cannot be claimed for the public at large Fitch v. Rnwlinq followed. (9 L. T., 384 : 12 W. R., 127.) 1873. [1998] Culitt v. Maxse. Land set out under an Inclosure Act for a highway Proposed line of way fenced but no way ever formed Held that the mere allotment of a piece of land for a highway did net make it such, when no steps had been taken to comply with the formali- ties prescribed by Parliament There being no evidence of user, the adjaci nt owni r, holding by adverse possession for more than 20 years, held entitled to the land. (42 L. 3., C. P., 278 : L. R., 8 C. P., 704 : 29 L. T., 244.) 1870. [1999] Greenwich R. W. v. Mud*lfy. Right, of way along a Sea Wall l>edic.-ition may bo pre- sumed so far as it is not inconsistent with the purpose of the Wall. (39 L. 3., Q. B., 205 : L. R., 5 Q. B., 397: 23 L. T., 121 : 35 J. P., 8.) 1859. [2000] Harper v. Forbes. The widening of a road by adding to it a strip of consecrated ground cut off from a Churchyard held ultra vires No Ecclesiastical Court can authorise any | iortion of ground that has been once consecrated to be devoted to secular uses. (5 Jur., (N. s.), 275.) 1860. [2001] Hutton v. Hamboro. Per Cockburn, J. : A public right of way over waste land, or between two points, extends to every part of the land, access to, or along which there is the right of way A private right is not necessarily so extensive, but maybe confined within certain limits. (2 F. & F., 218.) [The meaning of this decision seems to be that in the case of a public right of way the right extends over all the land, so that, for instance, if one path becomes impassable the public may make another, but that such an exte >dea power does not of necessity inhere where tliore is only a private right of way.] 1856. [2002] Petrie v. Nuttall. A verdict of " Guilty," and Judgment thereon, in nn Indictment for obstructing a highway cannot be pleaded as an estoppel in an Action brought by the party convicted against a thin! person for using the way An estoppel must be mutual, and a verdict between two panics can be no estoppel as against other per.-ons. (25 L. J., Ex., 200: 11 Ex., 569.) 1858. [-2003] Pipe v. Fulcher. Action of Trespass Old map, which had been used by deceased and pre- sent Stewards for defining copyholds, put in by defendant to prove a highway held not admissible evidence as amounting to a de- claration by a deceased person as to a public right, inasmuch as it had been used only for another purpose, and did not describe the way as a highway. (28 L. J., Q. B., 12: 1 E. & E., Ill : 32 L. T., (o. s.), 105.) 1801. [2004] Reed v. Jackson, Action for Trespass Record of Verdict negativing claim of public riyht of way held admissible evidence in Trespass against another defendant who sought to justify under the same right Reputation would be evidence as to a public right, a fortiori a verdict would be evidence Repu- tation is evidence in a claim of public but not of private right. (1 East, 355.) SECT 4.] 2005 "CREATION OF HIGHWAYS. 2019 127 1853. [2005] Reg. v. Aldborough. Though " Public Highway " prima facie imports a road for carriages as well as for other purposes, it may mean simply a " Public Bridleway " User for 89 years as a bridleway held decisive evidence that it was no more than such. (17 J. P., 648.) 1837. [200G] Reg. v. Bliss. Evidence of High \vay-Eoad, public or private? Evidence that a deceased person had planted a willow adjoining the road, saying that it would mark the boun- dary, held not admissible evidence either to show reputation of the road being public, or as a statement accompanying an act, or as the admission of an occupier against his own interest since he could not bind the interest of his landlord Hearsay evidence must only be received as showing general reputation and must not touch particular facts. (7 L. J., Q. B., 4 : 7 A. & E., 550 : 2 N. & P., 4G4.) 1875. [2007] Reg. v. Burney. A public footpath having been blocked up at one end by works executed under the arithority of Parliament had ceased to be of public utility Indictment for mis- demeanour in obstructing it Conviction That the way had become of little utility might be a reason for mitigating the punish- ment iuflicte 1 on the guilty party, but it was no justification for the act of obstruction A cul-da-sac may be a public highway. (31 L. T., 828.) 1850. [2008] Rrg. v. Lordsmere Inhabitants (1). Turnpike road partly formed by turning to account an existing road Portion of road out of repair during continuance of Turnpike Act In- dictment of Parish for non-repair Held that the road was a common highway in spite of its temporary Turnpike character, and that the Parish was liable. (19 L. J., M. C., 215 : 15 Q. B., G89 : 4 New Sees. Cas., 205.) 1879. [2009] Reg. v. Ward (2). Indictment for obstructing an nlleged Right of Way over a causeway leading to sea-shore Powers of Local Board Question of evidence of dedication New trial granted on the ground that the verdict for the Crown was against the evidence. (Times, June 28, 1879.) 1825. [2010] Rex v. Lyon. Arched carriage-way A way is none the less a public carriage-way because only vehicles of limited dimensions can tra- verse it Where a way lias been recognised in a Statute as public it is not necessary that a Parish should adopt it, in order to m:ikn it a public way. (5 D. & R., 497 : Ryan & M., 151.) (?) [2011] Rex v. St. James, Taunton, Inhabitants. Where there once has been a public highway no length of time during which it may not have been used will prevent the public resuming the right, if they think proper [unless it has been formally stopped]. (2 Selw., N. P., 13th Ed., 12G4.) 1819. [2012] Rex v. Severn & Wye Railway Co. Railway or Tramroad made under a Statute whereby it was provided that it should be available to public generally, held to be a highway On its being pulled up, Mandamus granted for its restoration. (2 B. & Aid., 646.) 1670. [2013] Rex v. Staughton. If one inclose land on one side, which hath been anciently inclosed of tho other side, he ought to repair all the way, but if there be not such an ancient inclosure of the other side, he ought to repair but half that wny. (1 Hawk., P. C., c. 32, 7 : 2 Keble, 665 : 2 Saunders, 157.) 1852. [2014] St. John, Walbrooh, Rector V. Parishioners. No Judge has power by the general law to grant a Faculty for the surrender of part of a Church- yard for widening a highway even though consent be given by all parties interested [the reason apparently being that a sentence of consecration is definite]. (2 Robertson, Eccl., 515.) 1878. [2015] St. Mary, Whitechapel, In re. Application for faculty to authorise part of a Churchyard to be given up to widen a highway A'pplica- tion granted on condition that tombstones and human remains were carefully removed ; ground taken to revert to Churchyard if hereafter not wanted for the highway. (Times, ' July 30, 1878.) 1820. [2016] Sutcli/e v. Greenwood. A highway may be cre- ated by Act of Parliament, and therefore a plea of a right to pass at pleasure along a public highway "paying a certain toll" is not inconsistent or contradictory. (8 Price, 535.) 1781. [2017] Taylor v. Whitehead. The general right to pass across adjoining land wh n a way is found- erous only applies in the case of public high- ways Therefore where a way over which there existed a private right to pa unpaved, unfinished street, terminating ir fields where other houses were built A Jur_ having found a dedication of it, the Cour refused a new trial, which was moved for on the grounds that the evidence did not dis close adequate proof of dedication. (3 Bing. 447: 11 Moore, 354.) 1880. [2052] Powers v. Mathurst. Dedication Presumption Long user by the Public of a way acros Copyhold land is evidence of a dedication by both Lord and Copyholder Reg. v. Petri followed. (49 L. J., Ch., 294: 42 L. T. 123.) 1872. [2053] u ryor v. Pryor. Land let on building leases for 60 years Street thereon used by the Public by consent for more than 20 years Held that an intention to dedicate must bo in- ferred from the facts. (26 L. T., 758.) 1857. [2054] Race v. Ward. "Inclosure Act, 1801," 11 and 14 Custom to take water from a well Highway to well Award inclosing land where well was situated and extinguishing ways, held not to operate as an extinction of the right to use the well The Public having since the Inclosure been in the habit of crossing the plaintiff's close to get the water, Seirible, that the ancient right of access was not extinguished. (26 L. J., Q. B., 133 ; 7 E. & B., 384 ; 28 L. T., (o. s.), 288.) 18CO. [2055] Reg. v. Braihford Inhabitants. Indictment for non-repair Misdirection New trial The fact that a road is impassable in winter, is no presumption against its dedication to the Public. (2 L. T., 508.) 1859. [2056] Reg. v. Brolce. In an Indictment for stopping iip a highway, removed by Certiorari, and tried at the Assizes, Counsel for the defendant may sum up his evidence at the close of his case as in a civil Action If a particular class of persons use a way, and the owner of the land does not communicate to them his reasons for letting them pass to the exclusion of all others, they must be deemed to pass as by right, and their user for 20 years will suffice to establish a right for the public generally. (1 F. & F., 314.) 1848. [2057] Reg. v. Charley. Indictment for obstruction of footway by driving a carriage along it Claim of private right of carriage-way Alleged Waiver Proof that before the pub- lic footway existed the Defendant's prede- cessors in title were entitled to a carriage- way over the locus in quo Contention on the part of the Crown that public user in- consistent with the assertion of the private easement had determined it Direction by the Judge that no interruption for 1< ss than 20 years would destroy the private right held a mis-direction The period is only one element from which the grantee's intention to retain or abandon his right may be in- ferred, and the sufficiency or otherwise of the period in any particular case must depend on all the accompanying circum- stances, including the adverse acts ac- quiesced in by him. (12 Q. B., 515 : 3 Cox, C. C., 262.) 1855. [2058] Reg. v. Petrie. Highway User by the Public for some time is primd facia evidence of dedication : it is not necessary to inquire from whom the dedication first proceeded. (24 L. J., Q. B., 167: 4 E. & B., 737: 24 L. T., (o. &.), 271.) SECT. 4.] 2059 CEEATION OF HIGHWAYS. 2072 131 1814. [2059] Hex v. Barr. Where a way is used fur a great number of years over a close in the possession of a succession of tenants, the privity of the landlord and dedication by him is to be presumed, although he was never in actual possession or personally near the spot Knowledge of the user and acquiescence by the steward is knowledge and acquiescence by the landlord. (4 Camp., 1C.) 1808. [2000] Ilex v. Lloyd (2). If the owner of the soil throws open a passage and neither marks by any visible distinction that he means to preserve Ins rights, nor excludes by positive pro- hibition persons from passing, intention to dedicate is to be presumed Although the pissage may have been originally intended only for the private convenience of particular lioiisi s, the Public arc not to be excluded after long and uninterrupted user A way may be a highway although very circuitous. (1 ('amp., 200.) 1790. [2001] llurjbij Charily Trustees v. Merryweather. Dedi- cation may be presumed from user for a shorter time than is necessary to establish a right of possession to the land User by the Public for 8 years and 6 years respectively held to justify a presumption of dedication. (11 East, 375, n.) 1855. [2002] Ktone v. JacJcson. Action for negligence in leaving a cellar unfenced close to a public footway Evidence that many persons were in the habit of crossing near the spot, as a short cut to another road, but that persons were often turned back by the owner Held that there was no proof of the way being public. (16 C. 13., 199.) 1800. [2003] Thomas v. Williams. Highway User Evidence that a Local Board had repaired the street, and had put xip notices under the "Public Health Act, 1848," 70, for its adoption, held evidence of dedication sufficient to sustain a conviction for injuring the street. (21 J. P., 821.) (tii.) Limited Dedication : Bars and Gates. 1871. [2004] Arnold v. Blakcr. Highway Footpath across an arable Held Held on the evidence that the Surveyors were not entitled so to repair the footpath that it could not be ploughed up, there appearing to have been only a limited dedication, subject to a right to plough. (40 L. J., Q. 13., 185: L. K., 6 (J. 13., 433.) 1873. [2005] Arnold v. Holltrook. Highway Footpath across an arable field Held that when a footpath was lawfully ploughed up and trespassing took place, to prevent which the occupier puts up hurdles, the Public must neither go off the line nor pull down the hurdles The fact that the path became impassable after being lawfully ploughed conferred no right on the Public, in the absence of prescriptive right, to deviate. (42 L. J., Q. B., 80: L. R., 8 Q. B., 90 : 28 L. T., 23 : 37 J. P., 229.) 1878. [2000] A.-G. v. Bi-pltosphated Guano Co. Footway di- verted, subject to an agreement between the Local Authority and an intending lessee that the latter should form a new road in substitution Lease granted for 80 years, the demise being " subject to existing rights of way " The new road shown on plan annexed, but marked " private road " Sub- sequent assignments of the lease, of which the present defendants eventually became sub-lessees and they obstructed the way Held that there had been no sufficient dedication to bind purchasers for value with- out notice. (W. N., 1878, p. 50.) 1845. [2067] Bateman v. Bnrge. If there be a public footway with a stile across it of a certain height no one has a right to replace the stile by a gate of greater height, and the former existence of gates in other parts of the same way will be no defence If there be an obstruction of a public way, and any person receives a special injury from it, he may maintain an Action. (6 C. & P., 391.) 1809. [2068] Brackeiiborough v. Tliorsby. " Highway Act, 1835," 72 A footway across a field may be a " Highway," and a conviction will lie for injuring (in this case, ploughing up) the same. (19 L. T., 692.) 1840. [2009] Brownlow v. Tomlinson. Per Lord Denrnan, C. J. : A road may be an occupation way at the same time that it is a highway; by the owner of the soil making it the latter it does not cease to be the former so as to deprive of his rights the party entitled to the private way. (1 M. & G., 481, at p. 487 : also re- ported generally, 1 Scott, N. 11., 420.) 1879. [2070] Chelsea Vestry v. Stoddard. Carriages standing in front of stables Claim of right to use the highway whilst the carriages were being cleaned Claim held valid, the highway having been dedicated subject to the right to obstruct it occasionally for the purpose in question. (43 J. P., 782.) 1802. [2071] Cooper v. Walker. Obstruction of Highway Projecting stone steps Held that though in fact an obstruction, they were no obstruction in Law, it being a fair presumption that the street was dedicated subject to the right to continue the inconvenience. (31 L. J., Q. B., 212 : 2 B. & S., 770 : L. T., 711.) 1855. [2072] Cornmll v. Metropolitan Commissioners of Sewers. Ancient tidal sewer running along a high- way Held that the right to the highway was subject to the sewer, and that the owner of the sewer was not bound to fence. (10 Ex., 771 : 3 C. L. B., 417 : 19 J. P., 313.) K 2 132 2073 HIGHWAYS. 2084 [PABT II. 1861. [2073] Dnwes v. Hawkins. Ancient highway illegally obstructed and new road substituted The new road having been used for more than 20 years Ihc old road was restored and the new one closed by the landowner Held that he was justified in stopping it up, there being no evidence of dedication There can be no dedication of a way for a limited time, certain or uncertain ; if dedicated at all it must be in perpetuity Nor can the Public by non- user release their rights. (29 L. J., C. P., 343: 8 0. B., (N. s.), 848 : 4 L. T., 288.) 1845. [2074] Ferrand v. Millicjan. Action of Trespass for breaking open gates, &c. Plea, public high- way Proof of the same, that the Township Surveyor had repaired the road Keplica- tion, that this officer had executed some repairs by agreement witli the landowner's steward and on promise of repayment Hold that the agreement was rightly admitted as evidence to explain why the Surveyor had interfered with a road if it was not a public highway. (15 L. J., Q. B., 103 ; 7 Q. B., 730.) ' 1862. [2075] Fisher v. Prowse. Obstruction of highway Projecting Cellar flap If land with an obstruction on it is dedicated to the Public, such dedication is subject to thfi risk arising from such obstruction. (31 L. J., Q. B., 212 : 2 B. & S., 770 : 6 L. T., 711.) 1828. [207G] Fitzpatriclt v. Eobinson. A user by the Public of an open strand or waste does not neces- sarily imply that the owner of the soil has abandoned his rights and given it to the Public Although dedication may be partial or limited as to the sort of way (as to a horse- way, &c.), yet there cannot be a qualified dedication subject to a power of resumption ; for that would be the reservation of a right inconsistent with dedication to the public. (1 Hudson & Brook, 585.) 1888. [2077] Leicester Urban S. A. v. Holland. " Towns Police Clauses Act, 1847," 28 Claims of right to occupy part of pavement with goods Where- upon Justices dismissed summons Held that they were wrong : they ought to have inquired and decided whether the footway had. been dedicated subject to the en- croachment as alleged. (57 L. J., M. C., 75 : 52 J. P., 788.) 1808. [2078] Lethbridge v. Winter. Footpath stopped by a gate Gate removed for 12 years and access of the Public permitted New gate then erected Held that the owner had not lost his right to stop the path by means of a gate, and that there was no sufficient proof of dedication. (1 Camp., N. P., 262, n.) 1880. [2079] London Corporation v. Il!(]fjg. A " way of neces- sity "is not a general right of way for all purposes to or from the inclosed lands, but only a right of way so far as might be neces- sary for the enjoyment of the inclosed land in the state in which it happened to be when the right arose Owner of a limited right of access to agricultural land not entitled to access to the same land in order to use it as building land. (49 L. J., Ch., 297 : L. R., 13 Ch. D., 798 : 42 L. T., 580 : 44 J. P., 345.) 1809. [2080] Mercer v. Wood,jate. Highway Footpath through a ploughed field Whether or not it is lawful to plough up a highway depends on the facts of the case There may be a dedication of a right of way subject to aright to plough. (39 L. J.. M. C., 21 : L. R, 5 Q. B., 26 : 10 B. &S., 833: 21 L. T.,458.) 1889. [2081] Mitchell v. Hasivell Co-operative Society. Plain- tiff a grantee of aright of way Arch erected by defendants giving a headway of 14 ft. Held that such an arch would not interfere with the ordinary user of the right of way, it not being shown that the ordinary vehicles of the district were ever higher or loaded higher than 14 ft. Semble that even if it had been shown that the locus in quo was a public highway the same argument would have been applicable. (Durham Chancery Court.) (2i L. J. Newspaper, 226.) 1861. [2082] Morant v. Chamberlain. A highway may be dedicated subject to a pre-existing right of user by adjoining occupiers for the deposit of goods on ports thereof. (30 L. J., Ex., 299 : 6 H. & N., 541.) 1843. [2083] Poole v. HusJcinson. A way may be dedicated for a limited purpose, e.g., as a foot-way only, but there cannot be a dedication to a limited portion of the Public, e.g., the inhabitants of one Parish in particular Such a partial dedication is of no effect as a dedication To constitute dedication there must be an intention to dedicate ; of this, user is evi- dence, but sucli evidence may be rebutted by contrary evidence of interruption by owner Notwithstanding an Award by Inclosure Commissioners of land for a public bridle- way and drift-way and private carriage-way the ownership of the soil still remains in the Lord of the Manor. (11 M. & W., 827.) 1851. [2084] .Reg. v. Charlesworth. Turnpike road crossed ut various places by Colliery Tramways Held that the tramways were indictable as obstruc- tions to the highway, notwithstanding that the Turnpike Trustees had power to grant licences for those tramways, which, however, they had not done in the present case Though a landowner may dedicate a road with a reservation, a claim to cross it any- where with tramrails is too largo a reserva- tion to be sanctioned without some express agreement. (20 L. J., M. C., 181 : 16 Q. B., 1012 : 5 Cox, C. C., 174 : 17 L. T., (o. s.), 91.) SECT. 4.] 2085 CREATION OF HIGHWAYS. 2086 133 1731. [2085] Hex v. Hudson. Common foot-way prescribed for the duration of a lease of 56 years Defend- ant stopping it up within 4 years of the expiration of the lease held not guilty of stopping up a public way Where the origin of a way is accounted for, the pre- scription is destroyed. (2 Str., 909.) 1803. [2086] Robbins v. Jones. Defective flagging and gratin Dedication to the public of a highway with a feature which afterwards became a danger- ous nuisance No action will thereafter lie against the dedicator for an injury caiised by such nuisance -The dedication mutt be treated as accepted by the Public, subject to the inconvenience or risk-, if any. (33 L. J., C. P., 1 : 15 C. 13., (N. s.), 221 : 9 L. T.,523.) 180S. [2087] Roberts v. Karr. The erection of a bar, although it may have been afterwards knocked down, rebuts the presumption of a dedication to the Public. (1 Camp., 262, n.) 1862. [2088] Selby v. Crystal Palace Gas Co. Private road through an estate cut up into building-plots Covenant by Freeholder that the occupiers might use the road as if it were public I load broken up by Gas Compauy at the in- vitation of some of the occupiers, but without the consent of the Freeholder Bill filed by him against the Company for an Injunction Bill dismissed Occupation roads through an estate formed for the convenience of the tenants do not thereby become dedicated to the public as of course. (31 L. J., Ch., 595 : 4 De G. F. & J., 246 : 30 Boa., 606 : 6 L. T., 790.) 1827. [2089] Stafford (Marquis o/) v. Coyney. Road through a private estate permitted to be used by the Public for all purposes save the carriage of coals Held that this was cither a limited dedication or no dedication at all, but only a revocable licence, and that a person carrying coals along the road alter notice not to do so was a trespasser There may be a limited dedication. (5 L. J., K. B., 285 : 7 B. & C., 257.) 1813. [2090] Wowlyer v. Iladden. Per Heath, J. : " Until the owner has shown some intention of dedi- cating tlie soil to the Public his right con- tinues of putting up a bar and excluding them, otherwise the building of every house and laying out a way to it would establish a public way." (5 Taunt., 125.) (iv.) In accordance irith the "Highway Acts." 1874. [2091] Reg. v. Bagge. "Highway Act, 1835," 23 Proposal by landowner to dedicate new road Acceptance by the Parish is a condition precedent to dedication A meeting infor- mally convened refused to accept the road Mandamus to compel Justices to certify under 23 refused Semble, that a Mandamus would lie to compel the Surveyors to sum- mon a proper meeting, even after the 3 months mentioned in the notice has expired. (44 L. J., M. C.. 45 : \_Req. v. Norfolk //.] 31 L. T., 585.) 1858. [2092] Reg. v. Derbyshire JJ. "Highway Act, 1835," 23 Decision of Vestry that a way pro- posed to be dedicated was not of sufficient utility to justify its repair by the Parish Order by Justices in Special Sessions to the like eifect Appeal by landowners to Quarter Sessions Decision of Quarter Sessions that they had no jurisdiction Mandamus granted to hear the appeal. (27 L. J., M. C., 189 : E. B. & E., 69 : 31 L. T., (o. s.) 80.) 1861. [2093] Reg. v. Surrey JJ. (2). " Highway Act, 1835," 23 Refusal of Justices to grant a Certificate on the ground that a road, part of which passing through a tunnel under a railway, was not of the required width, was to be treated as one road ; and a part was not of the requisite width Held that the Justices were right in their decision. (3 L. T., 808.) 1857. [2094] Reg. v. Thomas. "Highway Act, 1835," 23 Road made by Turnpike Trustees under a Temporary Act Part of the lino of road never completed Road used by the Public and repaired by the Parish both before and after the expiration of the Act Held that there was evidence of dedication and adop- tion, and that though the fact that the road was originally made under a Turnpike Act might explain away sucli evidence in fact, it did not conclusively in Law rebut it 23 does not apply to a road made by Turnpike Trustees, and therefore the absence of a Cer- tificate by 2 Justices, &c., did not prevent the road from becoming compulsorily repairable by tlie Parish, on a dedication by the owners of the soil at the expiration of the Turnpike Act. (7 E. & B., 399 : 28 L. T., (o. s.), 303 : 5 W. R., 321.) 1850. [2095] Roberts v. Hunt. "Highway Act, 1835," 23 A road intended to be dedicated, and actually used, but as to which the requisite formali- ties for dedication under 23 have not been taken, may nevertheless be a highway in other respects Action for obstructing buch a road, whereby an accident happened to tlie plaintiff, held maintainable. (15 Q. B., 17: 15 L. T., (o. s.), 66.) 1840. [2096] Reg. v. Westmarli Tithing. "Highway Act, 1835," 23 This section is not retrospective ; it applies to roads made but not completely dedicated by user or otherwise at the passing of the Act An Indictment for non-repair is not supported by proof of a highway having been extinguished as such, 60 years pre- viously, by an Inclosure Act, but since used by the Public, and repaired by the district sought to be charged. (2 Moo. & Rob., 305.) 134 2087 HIGHWAYS. 2111 [PAUT II. 1889. [2097] Warner v. Wandsworth 11. W. When a highway is dedicated with a dangerous obstruction the public use it subject to the obstruction and no action lies against the Highway Authority Fislier v. Prowse followed. (53 J. P., 471.) (3.) EIGHTS AS TO SOIL ADJACENT TO HIGHWAYS. 1768: [2098] Alton. (Lofft, 358.) The presumption that waste land adjoining a road belongs to the adjacent owners and not to the Lord of the Manor may be rebutted by evidence of acts of ownership on the part of the Lord. (Lofft, 358.) 18t51. [2099] Berridge v. Ward. Where a piece of land ad- joining a highway is conveyed by general words the presumption of Law is that the soil usque ad medium filum vise, passes by the . conveyance, even though reference is made to a plan annexed, the measurement and colouring of which would exclude it. (30 L. J., C. P., 218 : 10 C. B., (N. s.), 400 : S. C. at Nisi Prius, 2 F. & F., 208.) 1823. [2100] Coolie v. Green. Ownership of land adjoining either side of a road is primd facie evidence of a right to the soil extending to the centre of the road A recent right founded on an Inclosure under an Act makes no distinction as to the general Law. (11 Price, 736.) 1878. [2101] Coverdale v. CharKon. " Public Health Act, 1875," 149 Herbage alongside a public highway held to be vested in a Local Board (as Surveyors of Highways), so that the Board could let the same, and Board's tenant maintain an Action against a Tres- passer thereon Per Cockburn, C. J. : " It may be that this interpretation which we are giving to the Statute presses hardly on the owners of the soil on each side of the road, reversing as it does the maxim usque ad medium filum. But the Legislature is omnipotent." (47 L. J., Q. B., 446 : L. E., 3 Q. B. D., 376 : 38 L. T., 687 : 42 J. P., 517.) [Effect of decision set aside in part by the " Highway Act, 1878."] 1835. [2102] Doe dem. Barrett v. Kemp. Where it was ques- tioned whether a strip of land between old inclosed lands and a highway belonged to the Lord of the Manor or the adjacent owner, it was held that in order to rebut the presumption of Law evidence might be re- ceived of acts of ownership by the Lord on similar strips bordering another part of the same road and not adjoining his freeholds. (2 Scott, 9 : 2 Bing., N. C., 102 : 1 Hodges, 231.) 1847. [2103] Doe dem. Harrison v. Hampson. The presump- tion of Law that slips of waste land adjoining a highway belong to the owner of the ad- jacent inclosed land may be rebutted by evidence tending to raise a contrary pre- sumption. (17 L. J., C. P., 225: 4 C. B., 267.) 1824. [2104] Doe dem. Jackson v. Wilkinson. Defendant in- closed a piece of waste land adjoining a highway and occupied it for 30 years without paying rent ; then the adjacent owner de- manded a rent of Gd. which was paid 3 times Held that in the absence of other evidence this was conclusive to show that the occupation began with the owner's per- mission Verdict for the plaintiff as owner held good. (3 B. & C., 413.) 1827. [2105] Doe dem. Pring \. Pearsey. It is a presumption of Law that waste land adjoining a road belongs to the owner of the adjoining inclosed land, whether freeholder, lease- holder, or copyholder, and not to the Lord of the Manor. (5 L. J., (o. s.), K. B., 310 : 7 B. & C., 304 : 9 D. & E., 908.) 1757. [2106] Goodtitle v. Alker. An Action of Ejectment lies by the owner of the soil for land over which a highway runs, notwithstanding the right of way. (1 Burr., 133.) 1816. [2107] Grose v. West. Though the presumption is that waste land adjoining a road belongs to the adjacent owners, yet if the waste strips com- municate with open commons or other larger portions of land the presumption is either done away with, or considerably narrowed, for evidence of ownership of the larger por- tions applies also to the strips of land which are in communication with them. (7 Taunt., 39.) 1865. [2108] Harris v. Hoslcins. Waste land by the side of a highway held to be part of the highway, and not " open land," within the " Night Poaching Act," 9 Geo. IV., c. 49, 1. (34 L. J., M. C., 145: [Reg. v. Harris'] 12 L. T., 303: 13 W. E., 652.) 1816. [2109] Headlam v. Headley. It is only a presumption of Law (in the absence of positive evidence) that the right of the soil in a public highway belongs (when no other proprietor appears) to the owner of the adjoining closes usqn ad medium filum via; If there are circumstances which throw doubt upon this presiimption, a plaintiff who claims the road in an Action of Trespass must bring some direct evidence of his title. (Holt, N. P., 463.) 1859. [2110] Holmes v. Bellingham. The presumption which, in the absence of evidence, prevails in the case of a public highway, that the soil usque ad medium filum viie, belongs to the adjacent owners applies also to the case of a private way. (29 L. J., C. P., 132 : 7 C. B., (N. s.), 329 : 33 L. T., (o. s.), 239.) 1840. [2111] Holmes v. Upton. Encroachment on private lands by Turnpike Trustees erecting buttresses SECT. 4.] 2112 CEEATION OP HIGHWAYS. 2125 135 to sustain an embankment, such buttresses being erected in defiance of the protest of the owner Mandatory Injunction to remove them granted. (L. E., 9 Ch. App., 214, n.) 1878. [2112] Lang v. Kerr, Anderson, & Co. Local Act Requi- sition at the instance of a Local Authority on a landowner to fence a public footpath running alongside the river Clyde and over landowner's property Held that the Local Act contained no provision justifying the requisition of the Local Authority. (W. N., 1878, p. 51.) 1S85. [2113] v. Cltnrton. " Highway Act," 28 & 29 Viet., c. 107, 2 Wrongful inclosurc of strip of land alongside of highway Conviction aflirmcd Jurisdiction of Justices is not necessarily ousted by a bare assertion that the title to land is in question Unmetalled sides of a road may be as much " highway " us the metalled centre. (Times, July 3, 1885.) 1831. [2111] Loi-eridge v. Hodsell. Per Taunton J. : " A footpath by the road-side, included within the hedge or fence of the road, is as much part of a public highway as that which is travelled over by carriages." (2 B. & Ad., 602, at p. G10.) 1883. [2115] Nichol v. Btaumont. The cutting of trenches through the unme tailed sides of a road in order to hinder traffic passing over the grass, held, under the circumstances, illegal, because the grant was of a right of way as " fully as if the same were a public highway " Turner v. Ringivood H. B. followed as regards public rights of highway not being limited to the via trita. (53 L. J., Ch., 853 : 50 L. T., 112.) 1859. [2116] Potter v. Perry. There is no general law im- posing on the owner of lauds adjoining a public road, the obligation to maintain fences. (23 J. P., 644.) 1859. [2117] Ri'ij. v. Jolmson (1). The common notion that owners of land on the sides of a highway, may encroach up to within 15 ft. of the centre is (ZVr Erie, C.J.,) erroneous ; the question will always be whether the parts inclosed have or have not been used as part of the highway. (1 F. & F., 657.) 1862. [2118] Rnj. \. U. K. Electric Telegraph Co. Indictment for obstructing highways by Telegraph posts In an ordinary highway, unless there is evidence to the contrary, the rights of the Public extend to the whole space within the fences, whether metalled or not If the ob- struction is permanent, and interferes with the free use of the way by foot passengers, it does not avail as a defence that the posts are placed oft" the carriage-way and ordinary foot-way. (31 L. J., M. C., 166 : 2 B. & S., 647, n. : 6 L. T., 378.) 1788. [2119] Rex v. Llandilo Roads Commissioners. Eoad Trustees diverting a road and carrying it through inclosed lands, erecting fences and repairing such fences for a time, cannot be held perpetually liable for the maintenance of such fences unless the duty is cast on them by Statute A " road " is to be taken to mean only the surface, over which the Public have a right of passage. (2 T. E., 232.) 1880. [2120] Rolls v. St. George's, Southioarl; Vestry. "Me- tropolis Management Act, 1855," 96 Meaning of the word " vest " as applied to the interest of Vestries in the soil of highways A street on becoming stopped up and dis- used held to revert to the owner of the land on whose property it had been made Coverdale v. Charlton explained. (49 L. J., Ch., 691 : L. E., 14 Ch. D , 785 : 43 L. T., 140 : 44 J. P., 680.) 1858. [2121] Salisbury (Marquis o/) v. Great Northern Railway Co. Land purchased under Turnpike Acts Held that the presumption that the soil of a road was vested in the plaintiff as owner of the adjacent land, was not rebutted by the Turnpike Acts, so as to cast upon him the onus of showing that the soil of the road had not been purchased by the Turnpike Trus- tees. (28 L. J., C. P., 40 : 5 C. B., (N. s.), 174 : 32 L. T., (o. s.), 175.) 1828. [2122] Scales v. Pickering. Special Act authorising the breaking up of highways, footways, and streets, by a Water Company Proviso ; not to enter private lands without owner's con- sent Held that the Company had no autho- rity to enter a private field merely because there was a public footpath across it " Foot- ways '' must in such an instance be limited to paved ways runniug by adjacent buildings, and cannot extend to a path over a private ground. (6 L. J., (o. s.), C. P., 53 : 4 Bing., 448 : 1 Moo. & P., 195.) 1860. [2123] Scannell v. French. The owner of land contiguous to a public road stopped up a gap in a ditch which separated his land from the road, through which gap water off the road had been accustomed to flow Held that he had not been guilty of an obstruction. (11 Ir. C. L. E., 275 : 2 L. T., 94.) 1839. [2124] Scoones v. Morrell. Where strips of land lie between a highway and an adjacent in- closure the legal presumption is that the soil belongs to the owner of the adjoining inclosure. (1 Bea., 251.) 1860. [2125] Simpson v. Dendy. Waste land adjoining a high- way The ordinary presumption of owner- ship in favour of the owner of adjacent inclosed land is strongly confirmed by proof of distinct acts of ownership on his part 136 2126 HIGHWAYS. 2137 [PART II. extending over many years, and never ques- tioned. (8 C. B., (N. 8.), 433 : C Jur., (N. s.), 1197.) ' 18G9. [2126] Smith v. Maclde. "Turnpike Act, 1822," 118 Conviction for breaking up soil of land, to wit, a bank formed of road scrapings wbicli had become turfed over Conviction affirmed. (21 L. T., 392.) 1819. [2127] Steel v. PricJcett. The presumption is that waste land adjoining a road belongs to the adjacent owner and not to the Lord of the Manor; but reputation is admissible to rebut this presumption, and to prove the existence of a manor, even where no manorial rights can be proved to have been actually exercised. (2 Stark., N. P. C., 4G3.) 1809. [2128] Stevens v. Whistler. An owner of land abutting on one side of a public highway is primd facie owner of the soil of one half of the highway in width, and a defendant in Tres- pass must plead soil and freehold in another, in order to compel the plaintiff to new assign BO as to confine the trespass to the part of the highway which was his property. (11 East, 51.) 1844. [2129] White v. Hill. Presumptions as to ownership of soil by the tide of a highway The ordinary presumption is that as against the Lord, an adjoining owner is owner of all land ad medium filum vix This presumption does not apply to cases between freeholders, both claiming under the same title, and it may be rebutted. (14 L. J., Q. B., 79 : 6 Q. B., 487.) 1883. [2130] Wilkins v. Day. Owner of lands on each side of a highway held liable for injury occasioned by his leaving an agricultural roller upon a green strip between the hedge and the metalled part of the highway. (L. R., 12 Q. B. D., 110: 49 L. T., 399: 32 W. R., 123.) 5. STOPPAGE, DIVERSION, AND WIDENING OF HIGHWAYS. (1.) NOTICES, AS TO. 1818. [2131] Reg. v. ArJcwright. 59 Geo. III., c. 134, 39, enables the Church Commissioners to stop up ] athsand entrances to Churchyards with the consent of Justices, and on notice being given in the manner and form prescribed by the "Highway Act, 1815" [Repealed] Held that the notice required must, under the circumstances, be given before the making of the Order of the Commissioners The words " on notice being given " must in this case bo read as "after notice given." (18 L. J., Q. B., 26: 12 Q. B., 960: 12 L. T., (o. s.), 271.) 1865. [2132] Beg. v. Huntingdonshire JJ. 8 & 9 Viet., c. 118, 62-3 A notice of appeal to Quarter Ses- sions against stopping up a road cannot be objected to on the ground that it comprises part of the road only An increase in an appellant's liability as a Ratepayer is not to be reckoned in considering whether lie is aggrieved Quaere, whether the legal effect of the appeal, if successful, would be to leave the whole road open? (L. R,, 1 Q. B., 3(5: 13 L. T., 443.) 1873. [2133] Reg.v. PoiceZZ(l). 59 Geo. III., c. 69, 1 : "High- way Act, 1835," 84 Legal proceedings pending against a Surveyor for not repairing a certain highway A notice call ing a Vestry Meeting for taking into consideration such proceedings and for " other purposes con- nected with the highways" of a certain hamlet held sufficient to cover a proposal for stopping up the highway alluded to. (42 L. J., M. C., 129 : L. R., 8 Q. B., 403 : 28 L. T., 697.) 1838. [2134] Keg. v. Stock. 59 Geo. III., c. 134, 39 Church- yard Paths There is no appeal against an order of the Church Commissioners stopping up, under this section, a useless footway through a Churchyard Though the section incorporates the form of notice annexed to the "Highway Act, 1815" [Repealed], it gives thereby no right of appeal, for no such right can be given by implication only ; had such right been given by reference the re- peal of the Statute to which reference is made would not have taken it away. (7 L. J., M. C., 93 : 8 A. & E., 405.) 1870. [2135] Reg. v. Surrey JJ. (4). " Highway Act, 1835," 85: "High way Act, 1864," 21 Notices for stopping up a highway 'Certiorari A person residing near a highway to be affected, is to be regarded as a person aggrieved The publication of notices at each end of the highway to be stopped up is a condition pre- cedent, and where roads form one system, if each has been treated as a separate road, notices must be posted at each end of each road. (39 L. J., M. C., 145 ; L. R., 5 Q. B., 466.) 1892. [2136] Reg. v. Surrey JJ. (6). "Highway Act, 1835," 85 Notices to be aflixed at " end of high- way" Condition complied with if notices affixed at end of intermediate portion of highway, which portion alone is intended to be diverted. (61 L. J., M. C., 153 : L. R., 1 Q. B., 867 : 66 L. T., 578 : 56 J. P., 695.) 1883. ^ [2137] Reg. v. Teadon. Proposed stopping up of a high- way A notice of objection stating that the proposal would be an " inconvenience " held sufficiently explicit, and that the appeal might be heard on such notice. (47 J. P., 260.) SECT. 5.] 2138 STOPPAGE, &c., OF HIGHWAYS. 2149 137 1831. [2138] Hex v. Homer. "Highway Act, 1815" [Re- pealed] An Order for diversion, &c., de- scribed a highway by its termini and by reference to marks on a plan annexed No- tice published of Order but no plan annexed to notice, and only a description given of termini and length in yards Order held to be explained by plan, and good ; but notice, insufficient. (2 B. & Ad., 150.) 1822. [2139] Hex v. Townsend. Local Inclosure Act Commis- sioner empowered to stop up any way under an order of 2 Justices, subject to appeal as though the Order had been originally made by Justices Further, liberty to a party aggrieved to appeal within 6 months Road stopped up with consent of Justices but with- out the notices required by the " Highway Act, 1815," 2 [Repealed] having been given Held that under these circumstances an appeal within 6 months was good, notwith- standing the want of notices. (5 B. & Aid., 420.) (2.) ORDERS FOH STOPPING UP, &C. 1888. [2140] Allen v. Hatfield Chase Warping Co. Special Act for the Improvement of certain land and authorising the stopping up of roads on the substitution of others equally convenient Road stopped and another substituted which was not equally convenient to plaintiff" In- junction refused : plaintiffs remedy was by Action for damages. (32 Sol. Journ,, 542.) 1800. [2141] Damson v. Gill. "Highway Act, 1773," 19 [Repealed and re-enacted by the "Highway Act, 1835," 118] The enactment that the forms set forth in the Schedule "shall be used on all occasions with such additions and variations only as may be necessary," is to be construed literally ; a material variation from the form prescribed for stopping up held fatal and liable to be taken advantage of in a collateral proceeding. (1 East, 64.) [Statute held in Hex v. Casson (3 D. & R., at p. 40) to be directory only, so far as concerns re- cital of names of proprietors along new road.] 1814. [2142] De PontMeu v. PennyfeatJier. "Highway Act, 1773," 19 [Repealed] An Order of Justices which recited that they had viewed a new road and found it in good condition and repair held a sufficient Certificate If the Certificate be deposited with the Clerk of the Peace the Statute is satisfied, enrolment beiug only directory Where a road is stopped by Order of Justices and a new one substi- tuted, partly over the ground of a stranger and partly over an accustomed road, that is a sufficient compliance with the Suitute, pro- vided the new road conveys the Public to the same place as the old one did. (1 Marsh., 2G1 ; 5 Taunt, G34.) 1821. [2143] Harber \. Hand. "Inclosure Act, 1801," 8: Local Act Old footway omitted from new map because intended to be stopped up Map duly signed by Commissioners and by 2 Jus- tices Held that such omission, even with such signatures, did not satisfy the Statute, and that an Order made in form of Law and subject to appeal was necessary. (9 Price, 58.) 1885. [2144] Hurst v. Taylor. Precautions to be observed for fencing a highway lawfully diverted. (54 L. J., Q. B., 310 : L. R., 14 Q. B. D., 918 : 49 J. P., 359.) 1826. [2145] Logan v. Burton. "Inclosure Act. ]801," 8, authorising Commissioners to appoint public earringe roads nnd highways, and to stop up any roads or tracks; with proviso for con- sent of 2 Justices : Local Act authorising Commissioners with such consent to stop up old roads besides those over the lands to be inclosed Held that the enactment in the General Ac.t included footways, and that such footways were subject to the proviso There- lore the said consent was requisite in order to stop up a footway passing partly over laud to be enclosed and partly over an old inclosure. (4 L. J., (o. B.), K. B., 217: 5 B. & C., 513: 8 D. & R., 299.) 1890. [2146] Hey. v. Cloete. 57 Geo. III., p. 27, 79 Proposed stopping up of a passage as likely to become a receptacle for filth Held that the Justices had jurisdiction if they thought fit to exer- cise it. (54 J. P., 710.) 1874. [2147] Reg. v. Harvey. " Highway Act, 1835," 85 A Certificate under the hands of 2 Justices is sufficient it it states the existence of the circumstances required by 85 It is un- necessary that it should recite that the pre- liminaries required by 84 have been complied with Dictum in Beg. v. Worcestershire (23 L. J., M, C., 11 3) countenancing an objection on the ground of such omission, not followed. (44 L. J., M. C., 1 : L. R., 10 Q. B., 46 : 31 L. T., 505 : [Harvey v. Bethnal Green Vestri/l 39 J. P., 272.) 1840. [2148] Eeg. v. Jones (1). " Highway Act, 1815," 2 Order for stopping up a highway " We," &c., " having vieived," &c., " and it appearing to us that such highway is unnecessary," &c., held bad '1 he words do not necessai ily imply that the Order was made " upon the view " ' of the said Justices" according to the Act They may imply that it appeared by evidence which was independent of the view. (10 L. J., M. C., 5 : 12 A. & E., 684 : 4 P. & D., 520: 1 Am. & H., 113.) 1871. [2149] Eeg. v. Maule. "Highway Act, 1835," 84 and 88 Proceedings taken by a private indi- vidual to divert a highway accepted by Vestry but no order in writing given by Chairman of Vestry to Surveyor to apply to Justices The Quarter Sessions held that a 138 2150 HIGHWAYS. 2159 [PART II. 10 days' notice of appeal was sufficient, but that the Certificate was bad for not alleging a Chairman's order in writing Held by Superior Court that the Quarter Sessions were wrong on both points. (41 L.. J., M. C., 47 : 23 L. T., 859.) 18GG. [2150] Reg. v. Phillips. " Highway Act, 1835," 85 Certificate of Justices showing that a way proposed to be substituted was not entirely new, but comprised two existing ways which, would be widened and enlarged so as to make them more commodious and convenient Held (Welch v. Nash, 8 East, 324, dissented from) that it was not necessary that the sub- stituted highway should be entirely new " nearer or more commodious " It is sufficient that the Certificate, alleges one alternative (Reg. v. Shiles, 1 Q. B., 919, dissented from) It is not necessary that the proposed new high- way should be completed before the Certifi- cate is obtained, and therefore the Certificate may allege that the old highway will be un- necessary when the proposed alterations are completed. (35 L. J., M. C., 217 : L. E., 1 Q. B., 618 : 7 B. & S., 593.) 1872. [2151] Keg. v. Surrey JJ. (5). " Highway Act, 1835," 84 Diversion Certificate by Justices that new path would be more commodious but no mention made of owner's consent Written consent of owner enrolled with Certificate and Plan Held that the requirements of the Act had been in substance complied with Cer- tiorari refused. (26 L. T., 22.) 1879. [2152] lice/, v. Wallace (2). Highway Act, 1835," 85, 91 Where Justices certify that a new road will be more commodious than the one for which it is proposed to be substituted, it must unequivocally appear on the face of their certificate that they have arrived at that con- clusion from personal inspection, and not from statements made to them A certificate for a diversion need not specifically state that the old road would become iinnecessary. (L. K., 4 Q. B. D., 641 : 40 L. T., 518 : 43 J. P., 493.) 1875. [2153] Keg. v. Waller. " Highway Act, 1773," 17 [Repealed] Old highway stopped up and sold subject to a right of way in order to give access to a certain footpath Held that another footpath which had communicated with the disused highway, having by virtue of the order of the Justices become a cul-de- sac, the adjacent landowner was justified in obstructing the way at the point of communi- cation. (31 L. T., 777.) 1854. [2154] Reg. v. Worcestershire JJ. Appeal against Order for stopping a highway The Sessions have jurisdiction to consider any substantial defect which appears on the face of a Certificate and are not limited to trying by a Jury the three questions specified in the "Highway Act, 1835," 89 Where there is no appeal it is the duty of the Sessions to be satisfied that the Certificate is correct on its face, and accompanied by plan and proof such 'as the Statute requires. (23 L. J., M. C., 113 : 3 E. & B., 477 : 2 C. L. R., 1333 : 22 L. T. (o. s.), 332.) [See lley. v. Harvey.'] 1777. [2155] Rex v. Balme. " Highway Act, 1773," 16 [Re- pealed] The power herein conferred on Justices to order any highway to be widened extends to roads repairable ratione te.nurx.~~ On disobedience to such an Order the party may be proceeded against, either .summarily under the Statute, or by Indictment. (2 Cowp., 618.) 1835. [2156] Kex v. Cambridgeshire JJ. " Highway Act, 1815," 2 [Repealed] An Order of Justices for stopping up a highway must show that the Justices viewed the highway together, and that the finding it unnecessary w.is the result of that view. (5 L. J., M.' C., 6: 4 A. & E., Ill : 5 N. & M., 440: 1 H. & W., 600.) 1836. [2157] Ilex v. Downshire (Marquis of). " Highway Act, 1815," 2 [Repealed] Order of Justices re- cited that "having particularly viewed the public roads " within the parish ; then other words ; and then the words " and being satis- fied," &c., held bad, because the hitter words were separated in a marked manner from the former words : the decision might have been based on reasons, stated or otherwise, other than the simple "view." Per Lord Dun- man, C. J. : " If so, the Justices never ob- tained jurisdiction over the subject" Jus- tices in Special Sessions having made an Order to stop a highway and the time for appeal having elapsed, it cannot be contended, on a prosecution for obstructing such way, that the Order was bad because the Justices were not properly summoned to the Sessions Quasre,lf a road longused as a public thorough- fare be lawfully stopped up at one end the right of way over the remainder is gone? Per Patteson, J. : It is not. (5 L. J., M. C., 72 : 4 A. & E., 698 : 6 N. & M., 92.) 1815. [2158] Rex v. Hertfordshire JJ. "Highway Act, 1773," 19 [Repealed] If Justices make an Order to divert a highway, and afterwards an Order to stop up the old way, a party aggrieved may appeal against the last Order though too late to appeal against the first. (3 Matile & S., 459.) 1810. [2159] Rex v. Incledon. If the Court are satisfied that a nuisance indicted is already effectual ly abated before Judgment is prayed upon the Indictment they will not in their discretion give Judgment to abate it And they refused to give such Judgment upon an Indictment for obstructing a highway where the high way was, after the conviction, duly diverted and stopped up, there being the requisite Certifi- cate that the new way was open for traffic SECT. 5.] 2160 STOPPAGE, &o., OF HIGHWAYS. 2171 139 and so much of the old way as was retained liad been freed from obstructions. (13 East, 164.) 1823. [21GO] Ilex v. Kent JJ. " Highway Act, 1815," 2 [Re- pealed] Order for diversion of footway based inter alia on the consent of an attorney for a landowner acting under a power of attorney, but the power did not appear on the face of tlie Order Order held bad. (1 B. & C., 622 : [Bex v. Crewe] 3 D. & R., 6.) 1830. [2161] Hex v. Kent JJ. Order of Justices diverting a highway and substituting a new one, con- taining also an Order for stopping up the old highway held bad Justices have no power to btop up an old road until the new one is made. (8 L. J., (o. s.), M. C., 73 : 10 B. & C., 477.) [Sec Beg. v. Phillips, on the last point.] 1S27. [21G2] Hex v. Kenyan. " Highway Act, 1815,'' 2 [Re- pealed] An Order of Justices for stopping up a footway must distinctly state in what Parish the footway is situated, and must describe its length and breadth Senible, that the Order must be for sale as well as for stopping up. (6 B. & C., 640 : 9 D. & R., 094.) 1822. [2163] Bex v. KirJi. "Highway Act, 1815," 2 [Re- pealed] Order for the diversion of a high- way reciting the consent of a former owner who was dead when the order was actually made, held bad An Order must show the consent in writing under seal of the actual owner for the time being of the land through which the proposed new highway is to run. (1 B. & C., 21 : [Hex v. Denbighshire J7.] 2 D. & R., 52.) 1836. [2164] Bex v. Middlesex JJ. " Highway Act, 1815 " [Re- pealed] Held that Justices in Special Ses- sions could not by one and the same Order direct that a highway should be diverted, a new one being substituted, and that the old way should be stopped There must be two Orders, one for diverting and substituting ; the other for stopping up; and the former must precede the latter. (6 L. J., M. C., 10 : 5 A. & E., 62G : 1 N. & P., 92 : 2 H. & W., 407.) 1836. [2165] Bex v. Miherton Inhabitant. " Highway Act, 1815," 2 [Repealed] An Order for stopping up a highway containing the expression " having upon view found and it appearing to us " that a certain highway, &c., is unne- cessary, would be good; such recital does not imply that the Justices acted upon other in- formation than their own view An Order is bad if it stop up half the breadth of a high- way leaving the rest open; even though the other half is not within the division of the Justices making the Order; Justices have no authority to narrow a highway, or in the same Order to stop more than one highway Quxre, "Whether the Justices of two divisions within which opposite halves of the road lay could, by orders made concurrently, stop both sides ? (6 L. J., M. C., 73 : 5 A. & E., 841 : 1 N. & P., 179 : 2 H. & W., 434.) 1828. [216G] Bex v. Bogers. "Highway Act, 1815," 2 [Re- pealed] An Order for stopping up a high- way must clearly recite that it appeared to the Justices, on view, that the highway was unnecessary Au Order stating that they "had, on view, found or that it appeared " to them, &c., held bad. (6 L. J., (o. s.), M. C., 106 : 2 M. & R., 289 : [Bex v. Worcestershire] 8 B. & C., 254.) 182G. [2167] Bex v. Somersetshire JJ. " Highway Act, 1773," 48 [Repealed] Where Justices act wholly without jurisdiction Certiorari remains avail- able notwithstanding that the Statute under which they professed to act takes away the right to a Certiorari In such a case the pro- ceeding is coram nonjudice and their " Order " is not an Order in pursuance of the Statute relied on. (5 B. & C., 816 : 6 D. & R., 469.) 1828. [2168] Bex v. Winter. An Order for diverting and stop- ping up a highway ami substituting a road is bad, unless it appears that the Public acquire as permanent a right in the latter as they had in the former Semble, that when a highway is diverted, the old road cannot be continued for foot-passengers only. (7 L. J., (o s ) M. C., 15 : 3 M. & R., 433 : 8 B. & C., 785.) 1879. [2169] Turnery. Crush. "Inolosure Act, 1845," 8 & 9 Viet., c. 118, 68 Proceedings for the in- closure of waste lands in a parish Certain ways held duly extinguished under an In- closure Award, and Action of Trespass held maintainable against a person entering the lands where the ways had once existed (48 L. J., Ex., 481 : L. R., 4 App. Cos., 221 40 L. T., 661.) 1807. [2170] Welch v. Nash. " Highway Act, 1773, 19 A new highway must be set out before the old one is stopped up : it is not sufficient that another old highway is widened in parts to answer the purpose of a new road The power of Justices being confined to diverting an old road and substituting a new one, they acquire no right to abolish a road merely by improv- ing another which exists at the time If. a new highway be not set out before the old one is stopped up, the legality of the Orders of Justices for diverting the old road and stopping it may be questioned in an Action of Trespass, notwithstanding that such Orders were confirmed by the Sessions on Appeal, stating the fact of a new road being set out in lieu of the old one. (8 East, 394.) 1859. [2171] Williams v. Eyton. Inclosure Award directing the stopping up of a road subject to the sanc- tion of Justices Road stopped by a gate and disused for 28 years, except as to some slight 140 2172 HIGHWAYS. 2182 [PART II. user by foot passengers No direct evidence that Justices had issued an Order, though a Certificate that the new roads had been formed was produced Held nevertheless that a Jury might from so long a disuse of the road infer that there had been the proper Order. (28 L. J., Ex., 14G : 4 H. & N., 357 : 32 L. T., (o. s.), 336.) 18G3. [2172] Wright v. Frant Overseers. " Highway Act, 1835," 85 and 113 Proposed diversion Certifi- cate under 85, by Justices after a meeting of inhabitants of Parish within which the footway was situated But inasmuch as that part of the Parish had been annexed to an Improvement Act District, held that the meeting ought to have been of the Ratepayers of such District "Highway Act, 1835," did not apply Semblc, lhata certificate need not state that a proposed new highway is nearer and more commodious to the public ; Reg. v. SUiles disapproved of. (32 L. J., M. C., 204 : 4 B. & S., 118 : [Reg. v. Wright'] 8 L. T., 455.) (3.) APPEALS AGAINST ORDERS. 1841. [2173] Lock v. Selhcood. " Highway Act, 1835," 88 Distress Warrant issued to levy the Costs incurred by a party in prosecuting an Appeal under this section which Warrant did not recite any Order of Quarter Sessions for (lie payment of such costs, but was founded on a subsequent conviction by 2 Justices out of Sessions for non-payment of such Costs Warrant held illegal, and no property passed to the purchaser of goods seized and sold under it. (1 Q. B., 736.) 1854. [2174] Reg. v. Finchley Surveyors : Pouncey, Ex parte. Tlie Quarter Sessions have no discretion as to the award of Costs under the " Highway Act, 1835," 90 It is imperative on the Court to award Costs. (2 C. L. K., 1593.) 1857. [2175] Reg. v. Lancashire JJ. (1). " Highway Act, 1835," 88 Where the General Quarter Sessions commences on a certain day, and is after- wards adjourned and held on another day at another place in order to decide matters arising in the vicinity of the latter place, the requisite notice of appeal under the " Highway Act, 1835," 88, must be given 10 days before the day first mentioned, though the highway be in the vicinity of the latter place. (27 L. J., M. C., 1G1 : 8 E. & B., 5G3 : 30 L. T., (o. s.), 149.) [See Reg. v. Sussex, 34 L. J., M. C., G9.] 18G4. [217G] Reg. v. Midglcy L. B. "Highway Act, 1835," 84-9 Stopping up and diversion of a highway Certificate of Justices Jurisdic- lion of Sessions Justices have no power to stop up a highway because at some future time a road not yet made will when com- pleted be more commodious On an appeal against an Order to divert some roads and stop up others, the Quarter Sessions may, under 87, confirm the Order as to the stopping up, and quash it as to the diverting. (33 L. J., M. C., 188 : 5 B. & S., 021.) 18G9. [2177] Reg. v. Surrey JJ. (3). "Highway Act, 1835," 85 and 88 : "Highway Act, 1864," 21 Order of Special Sessions for discontinuance of highway Held lhat under the later Act an Appeal lay to the Quarter Sessions, for the words " like proceedings " must be taken to include all proceedings in reference to an Appeal given by 88 of the earlier Act, as well as all proceedings directed by 85, for the purpose of procuring the discontinuance of a highway. (39 I.. J., M. C., 49 : L. K., 5 Q. B, 87: is W. R., 166.) 1845. [2178] Reg. v. Yorkshire, N. R., JJ. "Highway Act, 1835," 105 Notice to a Justice of intended Appeal need not be served on the Justice personally Leaving the notice at his dwell- ing-house suffices. (14 L. J., M. C., 91 : 7 Q. B., 154 : 1 New Scss. Cas., 574.) 1862. [2179] Reg. v. Yorkshire, W. R., JJ. (2). " Highway Act, 1835,'' 90 Notice of Appeal against Order of Justices for a diversion of a highway Notice by the person who had obtained the Order of his intention to abandon it Appeal entered nt Sessions Held that the person who intended to appeal was entitled to his Costs notwithstanding the abandonment He mi^ht apply at any time during the day of Sessions. (31 L. J.," M. C., 271 : 2 B. & S., 811 : 6 L. T., 494.) 1835. [2180] Rex v. Adey. "Highway Act, 1815," 3 [Ite- pealed] Order to stop up A notice of Appeal is sufficient which states that the appellants are aggrieved by being compelled to travel a greater distance to their market town from their respective residences, than they would have had to have travelled if the road intended to be stopped up were kept in a proper state of repair The notice no- d not state that they were aggrieved % the Order. (4 L. J.. M. C., 76 : 4 N. & M., 365 : 1 H. & W., 42.)' 1826. [2181] Rex. v. Essex JJ. "Highway Act, 1815," 2 [Repealed] An Appeal against an Order stopping up a highway must emanate from sonic person "injured or aggrieved" (pur- suing the language of the Appeal clause) [now "Highway Act, 1835," 88], or the appellant will have no locus standi The Act does not give an appeal to all persons promiscuously The words "injured or ag- grieved," refer to special interests arising out of nearness of habitation or frequent occasion for user. (5 L. J., (o. s.), M. C , G5 : 7D. &B., G58: 5 B. & C., 431.) 1802. [2182] Rex v. Staffordshire JJ. "Highway Act, 1773,"' 19 [Repealed] Order for stopping high- SECT. 5.] 2183 STOPPAGE, &c., OF HIGHWAYS. 2192 141 way Held that the Appeal must in literal compliance with the Statute be to the next Quarter Sessions sifter the Onler made, without reference to any notice received by the appellant of such Order. (3 East, 151.) 1828. [2183] Eex v. Yorkshire, W. R., JJ. (2). Local Act Right to appeal against Order to stop old highway Held that in the notice of Appeal it was necessary to aver that the party intending to appeal was aggrieved by the Order. (6 L. J., (o. s.), M. 0., 59 ; 7 B. & C., 678 : 1 M. & R., 547.) 1835. [2184] Eex v. Yorkshire, W. R., JJ. (3). 58 Geo. III., c. 68, 3 Order to stop a highway Appeal It sufficiently appears that an appellant is a party " aggrieved" if the notice states that he and his tenants, occupiers of lauds near the highway, and \\l\o have hitherto right- fully used it, and also the Public, will be put to great inconvenience by being obliged henceforth to use a more circuitous road A Statute required " ten days' notice " of an Appeal Held, notwithstanding a rule of Sessions, that this must be taken to mean that one day was to be reckoned inclusively, and one, exclusively : If both days were to have been excluded from the computation the Legislature would probably have said " ten clear days' notice " An appellant ap- pealed against 3 Orders, but paid the fee as upon one Appeal : at Sessions his counsel, called upon to make an election, elected to proceed on one which was dismissed because of a supposed informality; nothing was said about the other 2 Orders The Superior Court, holding that the decision of the Scs sions was erroneous on the supposed infor- mality (which was common to all 3 Order*), granted a Mandamus to hear Appeals against all 3 Orders. (2 L. J., M. C., !)3 : 4 B. & Ad., G85 : 1 N. & M., 426.) 1841. [2185] Sellwood v. Mount. "Highway Act, 1835," 90 Costs cannot be awarded generally ; a specific- amount must be named, and an Order which fails to do this cannot be enforced The non-payment of Costs awarded under 90 is not an "offence" for which the party in default can be convicted under 101 A Warrant of Distress under 103, and founded, not on the Order of Sessions itself, but on a subsequent conviction for non-payment, is void, and no defence in an Action of Tres- pass against the convicting Justices who issue it. (10 L. J., M. C., 121 : 1 Q. B., 726 : 1 G. & D., 358.) 1873. [2186] Swift v. Lancashire JJ. "Highway Act, 18o5," 88 Order to stop up highway Notice of Appeal must be given 10 days before original Quarter Sessions, not 10 days before the ad- journed Sessions of the district in which the highway is situated Reg. v. Sussex (34 L. J., M. C., 69) distinguished. (22 W. R., 76.) (4.) POWERS AND DUTIES OF RAILWAY COMPANIES. 1887. [2187] A.-G. v. Barry Docks Co. Diversion of road under statutory powers Proceedings at instance of Highway Board to restrain disuse of old road till new one was fit and safe for traffic. (56 L. J., Ch., 1018 : L. R., 35 Ch. D., 573 : 56 L. T., 559 : 51 J. P., 644.) 1860. [2188] A.-G. v. Dorset Railway Co. "Railways Clauses Act, 1845," 53 Plans and sections show- ing that a highway would be crossed by a skew-bridge Variation from plan, and road wrongfully diverted and 2 abrupt turns made in it so as to enable the railway to cross the road at a right angle Injunction granted at the suit of the Road Authority to restrain the prosecution of the proposed diversion. (3 L. T., 608 : 9 W. R., 189.) 1842. [2189] A.-G. v. Eastern Counties Railway Co. Statutory powers of a Railway Company to arch over public thoroughfares for the construction of its Railway held to include the right to do the same thing for the erection of a station. (12 L. J., Ex., 106; 10 M. & W. 263: 2 Rail. Cas., 823.) 1869. [2190] A.-G. v. Ely, Haddenham, & Sutton Railway Co. " Railways Clauses Act," 1845," 16,46,53, and 56 If a Railway crosses a highway without diverting it, a bridge must be made according to 46, but the highway may bo diverted to a place where there is a level crossing, if the road so diverted will be more convenient than a bridge. (38 L J., Ch., 258 : L. R., 4 Ch. App., 194 : 20 L. T., 1.) 1878. [2191] A.-G. v. Furness Railway Co. " Railways Clauses Act, 1845," 49 : Special Act Bridge over road to be 16 ft. 3 in. high, but nothing said about height of headway Bridge made of proper height but with only a 14 ft. headway Road flooded at times owing to its having been sunk 2 ft. Evidence that if road were raised 2 ft. liability to flooding would cease, and that a headway of 12 ft. would suffice for the usual traffic Injunction granted re- straining the Company from maintaining the bridge with less headway than 15 ft , or any bridge with such a road under as might bo likely to cause flooding. (47 L. J., Ch., 776 : 38 L. T., 555 : 26 W. R., 650.) 1873. [2192] A.-G. v. Great Eastern Railway Co. Special Act, incorporating "Lands Clauses Act, 1845," and giving power to stop up streets within a given area S. Street within the area, but shown on the deposited plans as crossed by an arch, and mentioned in a subsequent Act as crossed by a tunnel Held that the Com- pany might stop up the street, the power to cross by an arch or tunnel not limiting their full rights within the prescribed area. (41 L. J., Ch., 505 : L. R., 6 H. L., 367 : 26 L. T., 749.) 142 '2193 HIGHWAYS. 2203 [PART II. 1850. [2193] A.-G. v. Great Northern Railway Co. "Railways Clauses Act, 1845," 56 Two Roads One stopped up by Company who contended that the use of the other road was a sufficient substitution, such other road being as con- venient as any entirely new road could be Held that the requirement of the Statute would not be satisfied without the formation of a new road to take the place of the one stopped An application for an Injunction deferred until the road was made entirely impassable, held not made too late. (4 De G. & S., 75 : 14 Jur., 684.) 1849. [2194] A.-G. v. London & South Western Raihcay Co. " Railways Clauses Act, 1845," 56 Proposed interference with a road by a Railway Com- pany diverting the line of the road in order to save the expense of raising part of it Effect of the diversion that a sharp turn would be introduced into a road previously straight Injunction granted, it being shown that the Company was not doing the mini- mum of damage, and might effect the cross- ing without such material inconvenience to the Public by works somewhat more expen- sive to itself. (3 De G. & S., 439 : 13 Jur., 467.) 1837. [2195] A.-G. v. London & Southampton Hallway Co. Special Act wherein was prescribed the future minimum width of the roadways of roads which were to be crossed by Railway arches Held that a portion of an existing road might be occupied by necessaiy piers, provided that a roadway of the prescribed minimum width was in all cases secured. (7 L. J., Ch., 15 : 9 Sim., 78 : 1 Rail. Cas., 302.) 1867. [2196] A.-G. v. Mid Kent Railway Co. A Local Board withdrew its opposition to a Railway Bill on Ihe insertion of a clause that all bridges carrying roads over Ihe Railway were to be approached by gradients not exceeding 1 in 30 In a certain case to make a road rise 1 in 30 an encroachment on private land would be necessary ; the owner obtained an Injunction to prevent such encroachment Whereupon the Company formed the road with a gradient of 1 in 20 Held that there must be no bridge with a steeper gradient than 1 in 30, and it was no answer to say that this requirement could not be complied with without stopping the Railway. (L. R., 3 Ch. App., 100 : 16 W. R., 258.) 1863. [2197] A.-G. v. TeieketbMry & Great Malvern Railway Co. Where the deposited plans and sections spe- cify the space and height of a bridge by which a railway is to be carried over a road the Company will not be allowed to depart from its plans and sections, notwithstanding that 49 of the " Railways Clauses Act, 1845," if it stood alone, would permit a less space That Section only imposes restrictions where the mode of building bridges is not defined by any special directions. (32 L. J., Ch., 482 : 1 De G. J. & S., 423 : 8 L. T., 682.) 1874. [2198] A.-G. v. Widnes Railway Co. " Railways Clausis Act, 1845," 53 Obstruction of public high- way by laying down rails pending the con- struction, in due course, of a new highway to take the place of the one prematurely inter- fered with Injunction granted at the suit of the Local Board, on ground that the high- way had been rendered " dangerous and ex- traordinarily inconvenient," though there was no evidence that the Public had been greatly inconvenienced. (30 L. T., 449 : 22 W. R., 607.) 1858. [2199] Barrett v. Midland Railway Co. Where persons are in the habit of crossing a Railway at a particular place, though no right of way there, it throws on the Company the respon- sibility of taking reasonable precautions as to the user of their line there. (1 F. & F., 361.) 1849. [2200] Beardmer v. London & North Western Railway Co. " Railways Clauses Act, 1845," 14 and 16 Where in consequence of a railway being raised in level, but within the lawful limits of vertical deviation, it became necessary to raise the height of a bridge over which a road was to be carried, it was held that there was no restriction as to the powers of the Company to alter the levels of the approaches to the bridge, provided the land to be affected was included within the deposited plans and sections, or mentioned in the book of refer- ence ; and that full satisfaction was made for damage done. (18 L. J., Ch., 432: 1 Mac. & G., 112 : 1 Hall & T., 161.) 1865. [2201] Bilbee v. London, Brighton, & South Coast Juiil- u beneficial to the Public, whereas the execu- tion of the agreement would bo prejudicial, the Act must prevail Semble, that a Public Company cannot contract itself out of powers given to it for the public benefit or protec- tion. (4 Rail. Cas., 553 : [Breynton v. &c.,l 10 Bea., 238.) 1862. [2203] Bristol & Exeter Railway Co. v. Tncl;cr. Special Act incorporating so much of the "Railways Clauses Act, 1845," as relates to the mode of crossing roads and the construction of bridges SECT. 5.]' 2204 STOPPAGE, &o., OF HIGHWAYS. 2213 143 Held that not only were the sections directly uatned incorporated, but that others not mentioned ( G5 and 145 and subsequent sections) prescribing the necessary machinery for enforcing penalties, were also to be deemed incorporated. (13 C. B., (N. s.), 207 : 7 L. T., 464.) 1858. [2204] Burgess v. Great Western Railway Co. A Kail- way Company is bound so to fence a station that the Public may not be misled, by seeing a place unfenced, into passing that way, being the shortest, to a station, and incurring risk in consequence. (32 L. T., (o. s.), 76.) 1888. [2205] Ckannan v. South Eastern Railway Co. " Kail- ways Clauses Act, 1845," 47 Cattle stray- ing Accident Held there was evidence of negligence A Railway Company must not only guard the exact width of a road, but must provide such continuation fences as will prevent animals using the road in the ordinary way from entering on the Railway Swing gate and fence out of repair. (57 L. J., Q. B., 597 : L. R., 21 Q. B. D., 524 : 53 J. P., 86.) 1889. [2206] Cole v. Miles. A Right of Way is not necessarily extinguished by a railway intersecting it unless some special provision for a means of crossing is made by the Railway Company. (57 L. J., M. C., 132 : 60 L. T., 145 : 53 J. P., 228.) 1861. [2207] Dover Harbour Warden v. London Chatham & Dover Railway Co. " Railways Clauses Act. 1845," 45-6 Enactment in Special Act that it should be lawful for the Railway to cross a public road on a level provided a foot- bridge were erected, held permissive and not mandatory And that if the Company pre- ferred to raise the road and take the railway under the road so raised they were at liberty to do so, according to the provisions of the General Act. (30 L. J., Ch. 474 : 3 De G. F. & J., 559 : 4 L. T., 387.) 1857. [2208] Ellis v. London' & South Western Railway Co. " Railways Clauses Act, 1845," 46, 61, 68 Occupation road with a public footpath along it crossed on a level by a Railway Footpath ignored and locked gates erected Key lost ; gates left insecure ; cattle stray- ing ; accident to such cattle Held that it was a question for the Jury whether the plaintiff as owner of the cattle was guilty of contributory negligence If a Railway Com- pany blocks up a public way it is the duty of the Public to invoke the assistance of the law and not to take the law into its own hands and break down the obstruction. (26 L. J., Ex., 349 : 2 H. & N., 424 : 29 L. T., (o. s.), 389.) 1852. [2209] Exeter Road Trustees, Ex parte. " Railways Clauses Act, 1845," 58 County bridge pulled down by Company and another bridge erected under agreement with the Road Trustees The Company to repair such por- tions of the approaches to the bridge as had been previously repaired by the County Held that the Company had not so interfered with the road as to bring the case within 58 The liability of the County as to the approaches had ceased, as the bridge was gone; the repair of the road, therefore, fell on the persons who Avould have been liable if the bridge had never existed, i.e., the Trustees, who would have a remedy on the agreement against the Company Mandamus to the Company to repair therefore refused. (16 Jur., 669 : 19 L. T., (o. s.), 190.) 1851. [2210] Fawcett v. Ywli & North Midland Railway Co. " Regulation of Railways Act, 1842," 5 & 6 Viet., c. 55, 9 Railway crossing a highway on a level Accident to horses which had strayed from a field on to the highway, and thence on to a Railway, the gates of the crossing having been left open, contrary to the Statute Held that the road having been generally used was a highway though never taken over by the Parish ; and that, as against the Company, the horses were lawfully on the highway, and therefore that the Company was liable for the neglect of its servants to keep the gates of the crossing closed. (20 L. J.,Q. B., 222 : 16 Q. B., 610.) 1865. [2211] Freeman v. Tottenham & Hampslead Railway Co. "Railways Clauses Act, 1845," 53-5 Restrictions as to Company stopping up a highway held not to apply to a way the rights over which had been lost by the Public Motion for an Injunction at the suit of an adjacent owner privately prejudiced by the stoppage, refused, and the owner referred to his rights under 55. (11 L. T., 702: 11 Jur., (N. s.), 107 : 13 W. B., 335.) 1890. [2212] Great Western Railway Co. v. Phillips. Road along a foreshore on which the public had long been accustomed to land and, using the road, so by footways, reach other inland roads Footways absorbed in railway and no other footways provided in substitution Held that the public rights of passage from the landing-place to the inland road had not been taken away by the Act authorising the construction of the railway and that the Railway Company must re-opeu the com- munication. (Times, April 3, 1890.) 1860. [2213] Leech v. North Staffordshire Railway Co. " Rail- ways Clauses Act, 1845," 46 Special Act incorporating General Act but varying it aa to the dimensions applicable to a particular bridge, and providing by special words for repairs thereof for 12 months Held that this did notoperate so as to relieve the Com- pany of its perpetual obligation to repair under the General Act. (29 L. J., M. C., 150: 1 L. T., 332 : [Newcastle-under-Lynev. N. S. R.'] 5 H. & N., 160.) 144 2214 HIGHWAYS. 2224 [PART II. 1864. [2214] London & North Western Railway Co. v. Skerton Highway Surveyors. '' Railways Clauses Act " Highway lowered to accommodate it to the levels Held that the road thus lowered was not an " immediate approach " or " nrcessary work" which the Company was bound to keep in repair. (33 L. )., M. C., 158 : 5 B. & S., 559 : 10 L. T., 018.) 1851. [2215] London & North Western Railway Co. v. Wetherall. " Railways Clauses Act, 1845," 58 An Order of Justices directing a Kail way Com- pany to repair damage done by them to a road need not specify particulars of the damage or of the repairs intended to be ordered : it suffices if it states the length of road injured and directs the damage done to be made goo-l One such Order and one Conviction for default may include sever.il roads in the same parish. (20 L. J., Q. B., 337 : 16 L. T., (o. s.), 438.) 1812. [2216] Manchester & Leeds Railway Co. v. Reg. Kail- way Company empowered to cross roads but to give a headway of 18 ft., and empowered to lower roads Held that the Company was not bound to lower the footpath as well as the carriage-way so as to give such headway over footpath. (3 Rail. Cas., 633 : 3 G. & D., 209 : [_Reg. v. M. & .] 3 Q. B., 528, at p. 538.) 1854. [2217] Manchester, Sheffield, & Lincolnshire Railway Co. v. Wallis. "Railways Clauses Act, 1845," CS This section, which imposes on a Rail- way Company the duly of making u fence between Railway land and a public highway running alongside, imposes only a duty co- extensive with the Common Law prescriptive obligation to repair fences A person using the highway miifet be doing so in a lawful manner or he will Lave no right of Action in consequence of the fence being out of repair For horses trespassing on the highway and meeting with an accident on the adjoining railway because of Ihe fence being insufficient or a gate open the owner has no remedy against the Company. (23 L. J., C. P., 85 : 14 C. B., 213: \Wattb v. Manchester, etc.] 22 L. T., (o. s.), 286.) 1803. [2218] Manchester, S. Junction, y traction engine passing along road Held that owner was liable at Common Law for damage done. (49 L. J., Q. B., 428 : L. R., 5 Q. B. D., 597 : 43 L. T., 562 : 45 J. P. 150.) 1873. [2353] Reg. v. Kitchener. " Locomotives Act, 1861 "- Engine breaking down a bridge Neglect of owner of engine to repair Held that 7 does not apply to a County bridge Owner held not liable The protection of County bridges is provided for by 6 ami 13. (43 L. J., M. C., 9 : L. R., 2 C. C. 11., 88 : 29 L. T., 697.) 1871. [2354] St. Mary's, Newington, Vestry v. Jacobs. " High- way Act, 1835," 72 Premises used by owner for the storage of heavy machinery, the removal of which to and from the pre- mies was attended with injury to the footway Summons under 72 dismissed Held that the Magistrate was justified in dismissing the summons if of opinion that the defen- dant, as successor in title of the original owner, was not exceeding his reasonable rights of ownership, for an owner of land who dedicates part thereof as a public way parts with no other right than a right of passage to the Public, and he may enjoy all rights nut inconsistent with dedication. (41 L. J., M. C., 72 : L. R., 7 Q. B., 47 : 25 L. T., 800.) 1863. [2355] Smith v. Stokes. "Highway Act, 1835," 70 A portable steam-engine is within the Act " Erection " need not be of a permanent character, and the engine need not be in any way fixed in the soil. (32 L. J., M. C., 199 : 4 B. & S., 84 : 8 L. T., 425.) 1860. [2356] Stinson v. Drowning. " Highway Act, 1835," 72 To constitute the making of a fire within 50 ft., &c., an offence within 72, it must be shown that the act is to the injury of the highway or to the injury, interruption, or danger of persons travelling thereon The whole passage in the Section must be read together. (35 L. J., M. C., 152 : L. R., 1 C. P., 321 : 1 H. & R., 263 : 13 L. T., 79'J.) 1877. [2357] Stringer v. Sykes. "Locomotives Act, 1861" Engine litted with shoes on its wheels laid obliquely Held that the bearing surface not being continuous the Statute was not com- plied with Conviction affirmed. (46 L. J., M. C., 139 : L. R., 2 Ex. D., 240 : 36 L. T., 152 : 41 J. P., 296.) 1861. [2358] Watkins v. Reddin. "Locomotives Act, 1861" Accident to a coachman Action against owner of a traction engine held maintainable Such an engine is calculated by its noise and appearance to frighten horses Semble, that scienter on the part of owner is imma- terial. (2 F. & F., 629.) 1860. [23r9] Wooley v. Corbishley. " Highway Act, 1835," 72 Game of football in a public highway Evidence of a constable that he saw the game and saw 2 horses frightened held suf- ficient to sustain a conviction. (24 J. P., 773.) (5.) BY TREES AND WATER. 1890. [2360] Clarson v. Arnold. Wire fence erected 8 ft. from centre of highway as a temporary protection to a permanent quickset hedge at the proper distance, held an offence again&t the " High- way Act, 1864," 51. (54 J. P., 630.) SECT. G.] 2361 OBSTRUCTION, &c., OF HIGHWAYS. 2374 155 1862. [2361] Croasdill v. Eatcliffe. "Highway Act, 1835," 72 Interference with footway by dripping of rain-water from eaves of buildings Occu- pier held not guilty of an " obstruction." (5 L. T., 834.) 1838. [2362] Frompton \. Taffin. " Highway Act, 1835," 65 Refusal to obey an Order of Justices to lop trees which were ornamental Injunction granted to restrain Surveyors from interfering with the trees pending an appeal to Justices at Quarter Sessions under 105 Justices have no summary power to cut down or lop trees planted for ornament or shelter. (2 Jur., 986.) 1844. [2363] Jenney v. Brook. " Highway Act, 1835," 65 Action of trespass against a Surveyor Order of Justices on an owner to cut, prune, and plash certain hedges and trees which ex- cluded sun and wind from a highway and caused an obstruction held void for uncer- tainty as regards the cutting (because it did not specify in what manner or to what ex- tent), but good as to the removal of an ob- struction On default by owner Surveyor executed the work Held that the Order so far as it was good protected the Surveyor; as to the trees it was bad because it did not negative that they were planted for orna- ment, or for shelter to a hop-ground, which trees are excephd by 65 A statement that the hedges, &c., were growing on the plain- tiff's farm and on the side of the carriage-way was equivalent to a statement that he as the owner of the land adjoining the carriage- way, and a sufficient averment Venire tie now awarded. (13 L. J., Q. B., 376 : 6 Q. B., 323 : 1 New Sess. Gas., 323.) 1888. [2364] London & North Western Railway, In re. High- way flooded by reason of negligence on part of the Company Indictment Fine of 300 inflicted. (Times, June 13, 1888.) 1886. [2365] Eeg. v. Leiccs Corporation. Indictment for ob- structing highway by planting ornamental trees Conviction Nominal fine No order as to Costs Prosecutor left to pay his own Costs the Court apparently thinking his conduct unreasonable. (Times, March 9, 1886.) [See now "Public Health Amend- ment Act, 1890," 43.] 1888. [2366] Surbiton Commissioners v. Metcalfe. Tree in street alleged by defendant to be an obstruc- tion to his use of his premises Plaintiff in- dieted for nuisance in respect of the tree, but Bill thrown out by the Grand Jury Where- upon defendant threatened to cut down the tree Perpetual Injunction against his doing so, granted. (Times, Nov. 15, 1888.) 1870. [2367] Turner v. Jtingwood H. B. "Highway Act, 1862," 17 Road set out 50 ft. wide under an Inclosure Allotment Width of only 25 ft. actually used as road Trees growing for 25 years alongside the hard road, within the 50 ft. limits Held that the public were en- titled to the whole 50 ft. and not merely to the via trita ; also that the adjacent owner had no rights over the soil to entitle him to an Injunction to restrain the cutting of the trees ; but, semlle, that though the Highway Board was entitled to remove the trees as ob- structions to road, it had no power as against owner of soil to sell the timber. (L. R., 9 Eq., 418 : 21 L. T., 745.) 1891. [2368] Unwinv. Hanson. "Highway Act, 1835," 65 " Lop " means to cut laterally and does not authorise the " topping " of a tree. (L. R., 2 Q. B., 115 : 65 L. T., 511 : 55 J. P., 662.) 1875. [2369] Walker v. Homer. Free passage of a bridle-way obstructed by reason of landowner allowing trees to grow over it Such an obstruction held not to be "wilful," so as to be within the " Highway Act, 1835," 72. (L. R., 1 Q. B. D., 4 : 33 L. T., 601.) 1840. [2370] Whitmarsh, Ex parte. "Highway Act, 1835," 65 Application for Mandamus to Justices to issue Warrant for levy of expenses of cutting a hedge Such an application will not be granted unless a demand of the ex- penses has been made of the person sought to-be charged, and the Justices were informed of such demand. (8 Dowl., P. C., 431 : 4 Jur., 823.) 1879. [2371] Woodard v. Billericay L. B. "Highway Act, 1835," 65 Duty as to keeping trees lopped The word "owner" in this Section is to be deemed to mean the actual occupier, whether " owner " properly so called, or a mere tenant Service of notice on the occu- pier therefore suffices, and the owner of trees is not entitled to any notice. (48 L. J., Ch., 535 : L. R., 11 Ch. D., 214 : 43 J. P., 224.) (6.) LEGAL PROCEEDINGS AS TO OBSTRUC- TIONS, &C. *** See also " Legal Proceedings by Authorities Managing Highways " ( 2, ante). 1882. [2372] A.-G. v. Shrewsbury (Kingsland) Bridge Co. When an illegal act is being .committed (such as an interference with a highway or navigable stream) the Attorney-General can maintain an Action, and an Injunction will be granted, even although no evidence of actual injury is given. (L. R., 21 Ch. D., 752.) 1696. [2373] Baker v. Moore. Loss of Tenants is a sufficient special damage to support an Action for a public nuisance, in this case the obstruction of a highway. (Cited 1 Ld. Raym., 491.) 1856. [2374] Blagrave v. Bristol Waterworks Co. Obstruction of public footway whereby plaintiff was de- prived of the use of it for passing from one part of his property to another, and the time of his servants was wasted in going by a 156 2375 HIGHWAYS 2387 [PAKT II. longer route to and from their work Held that this was a good cause of Action to which it was no answer that the defendants did the acts complained of under the authority of their Act But that it is no ground of Action that a person, by stopping up on his own land the continuation of a public footway over his neighbour's land, causes the public to tres- pass on other parts of his neighbour's land to the damage thereof. (26 L. J., Ex., 57 : 1 H. & N., 3G9.) 18G2. [2375] Bolch v. Smith. A workman lawfully passing along a certain private path in a Koyal dock- yard accidentally fell and injured his arm owing to a shaft put up by a contractor by permission of the Government being insuf- ficiently fenced Held that the contractor was not liable, as the plaintiif had merely permission to use the path ; no right to do so, and no obligation, for there was an alterna- tive route But, aliter, if the machinery had been in any way concealed from view, or in the nature of a trap. (31 L. J., Ex., 201 : 7 H. & N., 736 : [Bolett v. ] 6 L. T., 158.) 1738. [2376] Chichester v. Lethbridge. An Action will not lie by an individual for the obstruction of a highway unless he sustain a particular damage which must appear on the Record But if the plaintiff aver that he was obstructed by a ditch and gate across a road which com- pelled him to go a longer way round, and that the defendant opposed him in attempt- ing to remove the nuisance this is sufficient damage to support the Action A general and a private way by prescription are incon- sistent and cannot be claimed together. (Willes, 71.) 1842. [2377] Davis v. Mann. Ass tethered on highway killed by defendant's waggon Held that though the ass might have been improperly placed where it was, the plaintiff as owner was en- titled to recover, as the waggoner might by ordinary care have avoided the ass In order to preclude a plaintiff from recovering in such a case it must be proved that he might with reasonable exertion and ordinary care have avoided the consequences of defendant's neg- ligence. (12 L. J., Ex., 10 : 10 M. & \V., 546.) 1850. [2378] Dimes v. Petley. A private individual cannot justify damaging the property of another on the ground that it is a nuisance to a public right, unless it does him a special injury. (19 L. J., Q. B., 449 : 15 Q. B., 276.) 1810. [2379] Flower v. Adam. If the proximate cause of damage be the plaintiffs unskilfulness thougl the primary cause be the misfeasance of the defendant he cannot recover ; at least if the mischief be in part occasioned by the mis- feasance of a third person, not sued A. placed lime on a highway ; dust from it frightened B.'s horso and he was nearly car- ried into contact with a passing waggon, to avoid which he turned the other way, and was upset and hurt by other rubbish placed on the road by 0. Held that B. could not recover against A. (2 Taunt., 314.) 1824. [2380] Greasley v. Codling. Obstruction of a highway whereby plaintiff was forced to travel by a more circuitous route and could not perform so many journeys in a day as he could other- wise have done Held that the mere fact of the delay was to him an injury sufficient to give a right of Action. (3 L. J., (o. s.), C. P., 262 : 2 Bing., 263 : 9 Moore, C. P., 489.) 1794. [2381] Hubert v. Groves. Any obstruction to a highway is a nuisance, and the only remedy is an Indictment A party obstructed cannot maintain an Action unless he experiences private and particular damage. (1 Esp., 148.) 1884. [2382] Hyde v. Entwistle. 9 Geo. IV., c. 77, 18 Time begins to run from period when a substantial encroachment is caused; not from the moment when the building or other encroach- ment is finally completed In dealing with such an encroachment as a porch Justices must consider whether enough of the porch to constitute an encroachment had been erected more than 6 months before the In- formation was laid ; if so they must dismiss the . Information A substantial addition within 6 months to an encroachment would constitute a fresh offence. (52 L. T., 760 : 49 J. P., 517.) 1699. [2383] Iveson v. Moore. No Action lies for a public nuisance except on account of special damage to the plaintiff. (1 Ld. Eaym., 486.) 1697. [2384] Lodle v. Arnold. A person who has a right to abate a public nuisance is not bound to do it orderly and with as little hurt as can be. (2 Salk., 458.) 1665. [2385] Maynell v. Saltmarsh. Action for obstructing a highway, whereby the plaintiff was prevented from moving his corn, which was conse- quently spoilt Held, a sufficient special damage to entitle him to a verdict. (1 Keble, 847.) 1691. [2386] Pain v. Patriclc. An action on the Case will not lie for hindering a passage in a common highway unless some special damage ensue The proper remedy is by Indictment. (3 Mod., 289.) 1892. [2387] Eamuz v. Southend L. S. Landowner whoso land adjoined a public promenade which had been used for many years as a highway for foot-passengers deprived of his access to the promenade by a fence erected by the Board in whom the promenade had been vested Mandatory Injunction issued to compel re- moval of fence and an inquiry as to damages SECT. 6.] 2388 OBSTRUCTION, &c., OF HIGHWAYS. 2401 157 directed A landowner whose land runs right up to a public highway is entitled to access to that highway from his land. (67 L. T., 169.) 1861. [2388] Hey. v. Bowles. Indictment for obstructing a highway The trial of such an Indictment will not be postponed at the instance of the defendant until after the trial of an Action against him by the prosecutor for injury arising out of the same act of obstruction. (2 F.&F., 371.) 1861. [2389] Reg. v. Field. Trial of an Indictment for ob- structing a highway At the close of the examination of the defendant's witnesses his Counsel claimed the right to sum up his evi- dence Held that no such right existed. (2 F. & F., 498.) [See now 28 Viet., c. 18, 2.] 1838. [2390] Reg. v. Fisher. Obstruction of a highway in a town Eoad stated in Indictment to run from the town to H. Therefore the town must be excluded, and the nuisance being within the town there was a variance between the Indictment and the proof, and defendant was acquitted (8 C. & P., 612.) 1892. [2391] Beg. v. Heal. Indictment for obstruction of high- way by inclosing certain strips of turf on the sides of a road True bill found, but before the trial an arrangement made between Counsel on both sides at the invitation of the Chairman of the Sessions Terms did not in- volve the taking of a verdict but left the Indictment to stand without trial Arrange- ment disapproved of by prosecutors who applied for Certiorari to remove the case to the High Court Certiorari refused; no reason why the case should not be tried at the Sessions. (Times, Feb. 12, 1892.) 1860. [2392] Reg. v. Johnson (2). Obstruction of highway In- dictment for a nuisance Verdict " Not Guilty" After such a verdict a new trial will not be granted on the ground that the verdict is against the evidence, even though the Judge states that he is dissatisfied. (29 L. J., M. C., 133 : 2 E. & E., 613 : 1 L. T., 513.) 1878. [2393] Reg. v. Lancashire JJ. (2). " Highway Act, 1835,'' 72 and 105 Alleged obstruction of high- way Refusal of Justices to convict Re- fusal of Quarter Sessions to hear an appeal against the dismissal of the complaint on the ground that the informer was not a party aggrieved Mandamus to Sessions to he.ir the appeal refused. (Times, July 2, 1878.) 1890. [2394] Reg. v. London, County of, JJ. " Highway Act, 1835," 72, 105 Where a summons for ob- structing a highway under 72 is dismissed the Informant has no right of appeal against the acquittal of the accused. (59 L. J., M. C., 146 : L. R., 25 Q. B. D., 357 : 63 L. T., 243 : 55 J. P., 56.) 1864. [2395] Beg.v. Maybury. Indictment for continuing an obstruction on a highway Trial thereof re- moved by Certiorari and sent to the Assizes A plea of autrefois convict on a former Indictment for the same nuisance not allowed to be added even by consent, the Judge having no jurisdiction to receive it The nuisance (a wall) proved to be still standing Held that the Judgment on the previous Indictment was conclusive, and that there must be again a verdict of " Guilty." (4 F. & F., 90.) 1862. [2396] Beg. v. Paget. Indictment for obstructing a high- way Removal of obstruction before trial Per Wightman, J. : In such a case " there is nothing to try " Verdict of ;" Not Guilty " by consent, the defendant undertaking not to renew the obstruction. (3 F. & F., 29.) 1884. [2397] Reg. v. PMllimore. " Highway Act, 1864," 51 Alleged encroachment Claim of right Whereupon Justices refused to adjudicate Held that they were wrong Mandamus granted. (51 L. T., 205 : 48 J. P., 774.) 1854. [2398] Beg. v. Russell. Indictment for obstructing a navigable strait Held that no new trial could be granted in such a case Where a proceeding, though criminal in form, is really for the trial of a civil right a new trial after acquittal will be granted if the Jury have been clearly misdirected or have returned a previous verdict But the Court will not in- terfere if a real offence is charged, or merely because the Judge happened to use an inac- curate expression, if the Jury have not been misled. (23 L. J., M. C., 173 : 3 E. & B., 942.) 1854. [2399] Reg. v. Sturge. Indictment for obstructing a footway from A. to C. Evidence that there was a way from A. to C. but that it passed through an intermediate point B. ; was a carriage-way from A. to B., and a footway from B. to C. only. The obstruction was between B. and C. Held that assuming this to be a misdescription the Indictment might, under 14 & 15 Viet. c. 100, 1, be amended at the trial by substituting a description of the way as a footway leading from B. to C. (23 L. J., M. C., 172 : 3 E. & B., 734. 1883. [2400] Beg. v. Young. Local Act Alleged obstruction of a street Claim of right to use the ground as not being part of a public way Held that the jurisdiction of the Justices was not ousted, but that they might determine whether the locus in quo was public or private. (52 L. J., M. C., 55 : 47 J. P., 519.) 1717. [2401] Bex v. Hamond. In Indictments for nuisances on highways it is not necessary to specify the termini A navigable river is esteemed a highway. (Strange, 44 : 10 Mod., 382.) 158 2402 HIGHWAYS. 2413 [PABT II. 1836. [2402] Hex v. Joule. Indictment for obstructing a high way A defendant applying to remove ai In lictment from the Sessions by Certiorar on the ple;i that difficult points of law wil arise must specily in his Affidavit grounds o such difficulties A statement that the ob i-truction consists of valuable buildings o old date is insufficient. (5 A. & E., 539 : '. N. & P., 28 : 5 Dowl., P. C., 435.) 179G. [2403] Sex v. WiUia-mson. 5 Will. & M., c. 11, 3 A person who has used a common footway fo some years before it was stopped up, an< who prosecutes an Indictment, is a party grieved within the above Statute BO as to be entitled to have Costs awarded to him. (7 T. K., 32.) 1798. [2404] Efx v. Yorkshire, W.R., JJ. (1). On an Indictment for a nuisance in continuing a wall across a road (not for continuing the nuisance) it is no objection to the sufficiency of the Judgment that it does not adjudge that the nuisance be abated. (7 T. 11., 407.) Secus where it is stated in the Indictment that the nuisance i an existing one. (S. C., nom. Rex, v. Stead : 8 T. R., 142.) 1890. [2405] Usher v. Luxmore. Lane 4 ft. 6 in. wide 2 Posts erected in it to prevent cattle straying when driven across the lane from one field to another, both fields and the soil of the lane belonging to one and the same landowner Persons convicted of pulling up one of the posts held wrongfully convicted, they havin put in a fair claim of right to tho user of tiie whole width of the highway, and being there- fore protected by the proviso to 52 of the " Malicious Injuries to Property Act." (54 J. P., 405.) 1867. [2406] Winterbottom v. Derby (Earl of) In an Action for obstructing a highway the plaintiff must show substantial damage peculiar to himself The mere fact that he was forced to turn back and proceed by a less direct route, or to remove the obstruction, and that he was de- layed and put to expense in doing so, is not sufficient From evidence of user extending back during living memory, during which time the land was under lease, a Jury may presume dedication anterior to the lease. (36 L. J., Ex., 194: L. R., 2 Ex., 316 : 16 L. T., 771.) 1830. [2407] Wordsworth \. Hurley. "Highway Act, 177-V 81 [Repealed] Action of Trespass against Surveyor for severing land from a close and erecting a dwarf boundary wall and adding severed portion to public road Wall sub- sequently raised by Surveyor Held that the offence was complete by the erection of the wall in its original state, and that the limitation of time for bringing an Action ran from the date when the severance was first completely effected. (9 L. J., (o. $.), 50: IB. & Ad., 391.) 7. REPAIR OF HIGHWAYS. (1.) LIABILITY TO REPAIR. i. In Parishes and Townships. 1C98. [2408] Anon. (1 Ld. Raym., 725.) The inhabitants of every parish ought to repair the highways And therefore if by Statute particular per- sons are chargeable and they become insol- vent, the Justices may put the charge on the rest of the inhabitants. (1 Ld. Raym., 795.) 1671. [2409] Austin's Case. Per Hale, J. : " If there be a public way of common right the Parish is to repair it, unless a particular person be oblige J by prescription or custom." (1 Ventr., 189.) I860. [2410] Bartlett, Ex parte. To give Justices jurisdiction to make an Order to repair a highway or to indict the Parish where the liability to re- pair is denied, two facts must be proved : the road must be a highway, and it must be out of repair Where the liability is denied and an Indictment is preferred under 94-5, and a verdict of " Not Guilty " found, tho Justices are not bound to direct a second Indictment on a fresh Information. (30 L. J., M. C., 64 : 3 E/& E., 253 : [Reg. v. Somer- setshire, //.] 3 L. T., 316.) 1843. [2411] Little Bolton Inhabitants v. Reg. Local Paving Act exonerating Turnpike Trustees from re- pairing roads, and making new provision for such repairs, and also exonerating from con- tribution to repairs of highways all persons rated under the Act Unfinished street forming part of an old road, as to which the liability of repairs under the Act did not as yet attach Held that the inhabitants were liable notwithstanding their exoneration, and that they might be indicted for non- repair. (12 L. J., M. C., 104.) 1878. [2412] Reg. v. Ardsley Inhabitants. Parish divided into Townships Each Township liable by im- memorial custom for its own roads except that the road indicted had for some time been repaired by an adjoining Township Held that this system must cease, for that it must be presumed that it had existed under some arrangement between the two town- ships, and that no such arrangement could be binding unless there was evidence of S'>me adequate consideration. (47 L. J., M. C., 65 : L. R., 3 Q. B. D., 255 : 38 L. T., 71 : 42 J. P., 262.) 1865. [2413] teg. v. Ashby Folville Inhabitants. Indictment against Parish A. for non-repair Plea that Parish G. from time immemorial and in con- sideration of levying certain Rates on lands in A. adjacent to the highway had repaired and ought to repair such highway Replica- tion, that the agreement between the two parishes purported to have been determined by notice Held that the consideration was SECT. 7.] 2414 REPAIR OF HIGHWAYS. 2425 159 insufficient to support the alleged liability of G., as neither could the consideration be en- forced, nor could it be immemorial, for it must have arisen since the Statutes creating the power to levy Rates That the alleged liability amounted, therefore, to no more than an arrangement between the two parishes which could be terminated at any time Semble, that a parish cannot be bound by prescription to repair highways in another parish. (35 L. J., M. C., 154 : L. R., 1 Q. B., 213: 7B. &S., 277.) 1843. [2414] Keg. v. Barnoldswich Inhabitants. On an Indict- ment against a Parish for non-repair of a highway it is not essential, in support of a plea that the several Townships iu it have been accustomed from time immemorial to repair their own highways, to show by direct affirmative evidence that there have been ancient highways in each of the Townships The existence and several repair of ancient highways in one Township may be inferred from their existence and several repair in the other Townships. (12 L. J., M. C., 44 : 3 G. & D , 545 : 4 Q. B., 490.) 1877. [2415] Reg. v. Central Wingland Inhabitants. "High- way Act, 1862," 32 Indictment for non- repair of a highway in an Extra-parochial place Held that 32 only made the place a Highway Parish liable to be included in a Highway District, and did not impose on it all the Common Law liabilities of a Parish in respect of highways, and therefore that it could not be indicted. (46 L. J., M. C., 282 : L. R., 2 Q. B. D., 349 : 36 L. T., 798 : 41 J. P., 711.) 1883. [2416] Reg. v. Cheshire JJ. Uoad out of repair Dis- pute as to way being public or private Quarter Sessions held bound to order an In- dictment notwithstanding Beg. v. Farrar. (50 L. T., 483 : 48 J. P., 262.) 1866. [2417] Reg. v. Farrer. " Highway Act, 1862," 18-19 Summons for non-repair Justices have no jurisdiction to order an Indictment where it is bond fide denied that the road is a highway, and the liability to repair the load if it is proved to be a highway is not denied. (35 L. J., M. C., 210 : L. R., 1 Q. B., 558 : 7 B. & S., 554 : 14 L. T., 515.) 1841. [2418] Reg. v. Ileage Inhabitants. Indictment charging a Township with a customary liability to re- pair all public roads within its limits not adding such words as " which but for such custom would be repairable by the Parish at large " Indictment held good on the ground that there might be such a custom as al- leged, and that if there was any roads re- pairable Ratione tenures or otherwise it was for the defendants to show it as a matter of evidence. (10 L. J., M. C., 145 : 1 G. & D., 548 : 2 Q. B.,128.) [But see Rcg.v. Colling.] 1859. [2419] Reg. v. High Ualden Inhabitants. A Parish bound to repair a road must make it reason- ably passable for the ordinary traffic of the neighbourhood at all times of the year, but is not necessarily bound to make it hard. (1 F. & F., 678.) 1843. [2420] Reg. v. Midville Inhabitants. The prima facie liability to repair roads attaches only to a Parish and not to any Township or other sort of district, even though it be no part of any Parish Roads set out in a tract of Ex- tra-parochial and uncultivated land, part of a fen, under Local Acts, held not repairable under the circumstances by the Township, the Local Acts which instituted a quasi parochial machinery not mentioning the sub- ject of highways. (3 G. & D , 522 : 4 Q. B.,240.) 1869. [2421] Reg. v. Odell Inhabitants. "Highway Act, 1862," 18 Justices have no jurisdiction to order a Board to repair a highway if the Way- warden deny that the road is such Though the denial if not made bond fide will not oust the jurisdiction of the Justices if they are satisfied that the road is a highway, yet their decision that the denial is not made bond fide is not conclusive and may be reviewed by the Superior Court. (21 L. T., 556.) 1840. [2422] Reg. v. Oxford & Witney Turnpike Trustees. To apply for a Mandamus to repair a road is not a proper proceeding ; the Parish should be indicted, and it can then have its remedy under the "Turnpike Act, 1822," 110-It was so held in a case where ihe question was which of two parties were liable to the re- pair under Local Acts. (12 A. & E., 427; 4 P. & D., 154.) 1875. [2423] Reg. v. Rollett. Hamlet which had ncvi-r in the memory of man been liable to Highway Rates, &c. No public roads in the hamlet Held that these circumstances were not sufficient to establish a custom exempting the occupiers of the hamlet from contributing to the repairs t>f highways outside its limits but within the Township of which it formed part. (L. R., 10 Q. B., 469: [Rollett v. Cor- ringhani] 32 L. T., 769.) 1863. , [2424] Re.x v. Edge Lane Inhabitants. Trustees em- powered to make a road which, when made, was to be repairable by the Public Portion of the rond ending at a highway made and used for 26 years Remainder unfinished Held that no duty to repair lay upcn the in- habitants Rex v. Cumber u-orth followed. (5 L. J., M. C., 91 : 4 A. & E , 723 : 6 N. & M., 81.) 1831. [2425] Rex v. Edmonton Inhabitants. A Parisli is not bound to repair a way used by the Public and repaired by ti e Parish for more than 20 years if there lie no power who could dedicate it, and the repairs be shown to have 160 2426 HIGHWAYS. 2435 [PAET II. been begun and continued under a mistaken notion as to the liability of the inhabitants to repair But the inhabitants are bound by such repairs if made with a full knowledge of the facts and with the intention of taking upon themselves the public duty Semble, that roads set out under Inclosure Acts do not by presumption of law belong to the adjacent owners. (1 Mood. & Rob., 24.) 1771. [2426] Rex v. Great Broughton Inhabitants. By Com- mon Law and of common right the inhabit- ants of the Parish at large are bound to repair the highways, and an Indictment against a Division of a Parish for non-repair must prove liability. (5 Burr., 2700.) 1814. [2427] Rex v. Haslingfield Inhabitants. Indictment for non- repair Plea that though as a matter of fact the Parish had repaired both before and since a certain Inclosure Award yet by virtue of that Award the road was really in the ad- joining Parish Held that the Award was not available as evidence of the fact stated, in the absence of proof that certain for- malities in the way of notices had been duly complied with before the Award was made. (2 Maule & S., 558.) 1820. [2428] Rex v. Hatfield Inhabitants (1). Where, in an In- dictment for the non-repair of a road, the prescription proved was that its inhabitants had been immemorially used to repair all roads within it which but for such usage would have been repairable by the inhabit- ants at large Held that this placed the Township in the position of a Parish, and that it was necessary for the defendants to prove with certainty that some other persons were liable, in order to exonerate themselves from their liability. (4 B. & Aid., 75.) 1823. [2429] Rex v. Kingsmoor. A Parish is liable as of common right to repair all highways therein, but an Indictment will not lie against a district called an Extra-parochial hamlet, for non-repair of a highway therein, unless some special ground of liability to repair is alleged. (2 B. & C., 190 : 3 D. & B., 398.) 1834. [2430] Rex v. Landulph Inhabitants. Semble, that where a public way crosses the bed of a river, which washes over it at every tide leaving a deposit of mud, the Parish is not bound to make it good Where a stream separates two parishes, the medium filum is presumptively the boun- dary. (1 Mood. & Rob., 393.) 1833. [2431] Rex v. Lealte InJiabitants. A Parish is bound to repair all roads within it, dedicated to, and used by, the public, although there is no formal adoption of such roads Where land is vested in Trustees for certain public pur- poses they may dedicate the surface as a highway provided such use be not incon- sistent with the purposes for which the land is veated in them Material excavated in cutting a drain formed into an embankment on a strip of land primarily purchased for drain purposes Held that it was competent for the Trustees to dedicate the surface of such bank as a public Highway. Quaere^ could one act of repair by Parish be construed as evidence of adoption ? (5 B. & Ad., 469 : 2 N. & M., 583.) 1818. [2432] Rex v. Netherthong Inhabitants. Where a high- way is formed under a Local Act and passes through a township whereof the inhabitants are by prescription bound to repair all roads within it, and the road is placed under the management of Trustees, with a power to collect tolls to be applied to the repairs, if the way be out of repair the Parish (or Township) are the only persons liable to be indicted, but they may after conviction seek for relief against the Trustees under 13 Geo. III. c. 84, 33. [Repealed.] (2 B. & Aid., 179.) 1788. [2433] Rex v. Penderryn Inhabitants. None but the parish at large being liable of common right to repair highways, an Indictment for non- repair against part of a Parish is bad unless it show expressly how such part became liable. (2 T. R., 513.) 1837. [2434] Rex v. Scarisbrich Inhabitants. Township A., in a Parish all the Townships in which were liable by custom to repair their own high- ways, indicted for non-repair Defence that Township B. was liable In proof of this plea an agreement produced dated 1591 and made between the owners of the soil of the two Townships, by which the owner of B. agreed to repair that part of the road in A. which was the subject of the Indictment, arid a lawyer was to be chosen to make further assurance for the performance of the agreement Proof also that the road had been repaired in conformity with the agree- ment until within a short time of the trial This evidence held not sufficient for a Jury to infer the existence of an Instrument to bind the owner of B., and persons claiming through him, to repair, assuming that such an instrument could have been made so as to exonerate the inhabitants of A. (6 L. J., M. C., 103 : 6 A. & E., 509 : 1 N. &. P., 582 : W. W. & D., 246.) 1787. [2435] Rex v. Sheffield Inhabitants. If the inhabitants of a Township bound by prescription to repair the roads within the Township bo expressly exempted by the provisions of a Road Act from the charge of repairing new roads to be made within the township, that charge must necessarily fall on the rest of the Parish By the general law of the land the Parish at large is primd facie bound to repair all highways lying within it unless by prescription they can throw the onus on par- ticular persons by reason of their tenure. (2 T. B., 106.) SECT. 7.] 2436 REPAIR OF HIGHWAYS. 2446 161 1837. [2436] Sex v. Whitney Inhabitants. Inhabitants will not be discharged from an Indictment for non-repair until it is ascertained whether the repairs eff> cted will stand a winter's wear, notwithstanding a favourable Certificate from Justices. (5 Dowl., P. 0., 728 : W. W. & D., 381.) 1754. [2437] Vennor, Ex parte. Where a new road is made by competent authority, e.g. by Statute, or by a Writ of ad quod damnum, and the Parish is to bo at no further expense with regard to the old one, the Parish and not the owner of the land must repair the new road, unless the Jury under the Writ impose the duty on the owner suing for the Writ; or the new road lies in another Parish. (3 At- kyns, 766.) (ii.) Liability Eatione Tenures. 1843. [2438] Reg. v. Bamber. Indictment for non-repair of a highway, alleging liability Eatione tenurx Special verdict finding that the defendant's land adjoined the sea ; that anciently a highway existed over this land, and had bet-n repaired by defendant's predecessors ; that within living memory the sea had encroached and covered the highway; that defendant's predecessors had gradually shifted the line of the highway and had appropriated other land, and that they had always repaired such new highway ; that the highway men- tioned in the Indictment was part of the new highway which passed over land totally distinct from that occupied by any part of the ancient way ; that the sea had recently washed away part of the highway alleged to be out of repair, and that what remained of the more modern road was too narrow for a passage and was bounded by a precipitous bank Held that the defendant's liability ]}ntione tentirx must be deemed discharged". (i:i L. J.. M. C., 13: Davis. & Mer., 3b7 : 5 Q. B., 279.) 1890. [2439] Eeg. v. Barker. An owner of lands who is not the occupier cannot be charged ratione tenurss with the repair of a common high- way Where a highway so repairable is, under Statutory powers, so altered in its nature and course as practically to be de- stroyed, the liability to repair, ratione tenurx, ceases. (59 L. J., M. C., 105: L. R., 25 Q. B. D., 213 : 54 J. P., 615.) 1839. [2440] Eeg. \. Beeby. Indictment for non-repair, ratione ti-ntirx Ancient Deed put in by defendant, being an agreement between certain inhabit- ants of the Parish and a former owner of defendant's land whereby the said inhabit- ant* gave to the said owner the land in con- sideration of his repairing an existing high- way : the grantee covenanted to repair it, and it was stipulated that if through his neglect the Parish were indicted, there should be a right of re-entry, and the agreement should be void Held that this deed did not constitute a liability Eatione tenures Quxre, whether a liability to repair, Eatione tenurec, must be immemorial ? Per Denmau, C.J. : "Such a liability might under some circum- stances be newly created." (8 L. J., M. C , 38.) 1874. [2441] Eeg. v. Bradfteld Inhabitants. Land set out under an Inclosure Act for a private road to be repaired by the adjoining landowners User by the Public Indictment against Parish for non-repair Defence, repairable Eatione tenurze Held that this plea might be rebutte 1 by evidence of public user suf- ficient to support a presumption of dedication in the ordinary way. (43 L. J., M. C., 155 : I,. R., 9 Q. B.; 552 : 30 L. T., 700.) 1841. [2442] Eeg. v. Mizen. An Indictment for non-repair of a highway in Parish A., alleging the liability by reason of the tenure of certain lands in such Parish is not supported by proof of liability to repair a way extending through A. and other parishes by reason of the tenure of a farm made up of lands in A. and in such other parishes. (2 Mood. & Rob., 382.) 1849. [2443] Eeg. v. Perldns. " Highway Act, 1835," 58 The proviso only applies to cases where a boundary runs along a highway, and where the liability to repair is not at Common Law, but Eatione tenurse or clausurse. (19 L. J., M. C., 105 : 14 Q. B., 229 : 14 L. T., (o. s.), 250.) 1877. [2444] Eeg. v. Piclxring Township. Narrow highway repairable Eatione tenurss converted into a Turnpike road and much widened Expira- tion of Turnpike Trust Held that the original private liability had been destroyed, and that the Parish was now liable. (41 J. P., 5(34.) 1858. [2445] Eeg. v. Eamsden. The liability to repair a high- way Eatione claumras is in the occupier of the lands inclosed ; not in the owner qua owner The liability does not attach where the way is not immemorial, or where the land inclosed has not been used for passage before the iuclosure. (27 L. J., M. C., 296 : E. B. & E., 949 : 21 L. T., (o. s.), 327.) 1819. [2446] Eeg. v. Sheffield Canal Co. Local Act requiring a Navigation Company to make and maintain a certain road at least 7 yards wide on pain of liability to be indicted for neglect; ton- nage dues leviable, and to be applied in making, &c., the road Subsequent Act empowering the defendants (a different com- pany) to purchase the rights of the first- named company and assume its liabilities The road was kept in repair to a width of 12 yards by the first-named company up to the time of transfer in 1817 and by the defendants till 184G, when they reduced the 102 2447 HIGHWAYS. 2459 width to 7 yards Held that they were liable for the full width of 12 yards, and this not- withstanding that the dues which they were empowered to levy were insufficient to repair the road A count alleging liability to repair Rations tenurse held not maintainable Qusere, whether there may be a liability, not immemorial, to repair Ratione tenurse? (19 L. J., M. C., 44 : 13 Q. B., 913 : 4 New Sess. Gas., 25.) 1841. [2447] Reg. v. Wavertree Inhabitants. Evidence of reputation is not admissible to show a lia- bility in the occupiers of land to repair a road, Ratione tenurse, that liability being a matter of a private nature. (2 Mood. & Rob., 353.) 1813. [2448] Rex v. Cotton. Indictment for non-repair Alle- gation of liability Ratione tenure An Award under a submission by a former tenant of the premises adduced in support can neither be received as an adjudication, the tenant hav- ing no authority to bind his landlord, nor as evidence of reputation, being post litem motam. (3 Camp., 444.) [See 2 Mood. & Rob., 353, n., where this case is discussed.] 1829. [2449] Rex v. Hayman. An Indictment for non-repair of a road or bridge, on a liability Ratione tenurx, cannot be sustained where it appears that the tenement on which the liability is charged originated within time of legal memory. (Mood. & Mai., 401.) 1674. [2450] Rex v. St. Andrew's, Holborn. On an Indictment for non-repair a plea of " Not Guilty " merely traverses the facts as to the state of the road If the defence is that by prescription or Ratione tenure someone else is liable such defence must be specially pleaded. (1 Mod., 112: 3 Keblc, 301 : 3 Salk., 183: 1 Ventr., 256.) 1776. [2451] Rex v. Wingfield. Indictment for non-repair of a highway Ratione tciturie Fine held payable to the Surveyor, and prosecutor's costs to be paid by the person indicted. (1 W. Bl., 602.) (iii.) By Statute, including Contributions for Turnpike Roads. 1774. [2452] Anon. (LoflT, 465.) A power contained in an Act to continue private ways does not alter the liability of parties to repair them Those who were liable to repair previously shall be bound still to repair. (Lofft, 465.) 1870. [2453] Urighton, &e., Turnpike Trustees v. Preston High- icay Surveyors. Local Act Insufficiency of Funds Contribution from Kates Mode of calculation to be according to the require- ments of each Parish and not by mileage. (39 L. J., M. C., 33 : L. R., 5 Q. B., 146 : 22 L. T., 92.) 1865. [2454] Brown v. Evans. 4 & 5 Viet., c. 59 Justices cannot make an Order towards payment of repairs already done The Justices, in the absence of proof to the contrary, need not, when making an Order under the above Act, inquire whether the Trust funds have been properly applied. (34 L. J., M. C., 101 : 13 W. K., 680: 29 J. P., 311.) 1870. [2455] Bruton Turnpike Trustees v. Wincanton 'II. B. Eight to claim a Contribution from the Rates Local Act providing that tolls should be applied, first to payment of costs, then of interest on mortgages, then in repairs, and lastly in payment of principal and of debts Insufficiency of funds Held that the Trustees might apply tolls to payment of arrears of interest in priority to repairs ; and as the funds were not sufficient for both, the Justices could not order them to contribute under the "Highway Act, 1835," 94. (39 L. J., M. C., 155 : L. R., 5 Q. B., 437 : 22 L. T., 605.) 1843. [2456] George v. Chambers. "Highway Act, 1835," 94 A single Justice has no authority to summon the Surveyor of a Turnpike road Even if properly summoned, Justices cannot inflict Costs upon him under 18 Gco. III., c. 19, 1 [repealed], unless they find that he is bound to repair the road on the ground that he has funds in hand for the purpose, and they must give him an opportunity of showing that he has no such funds Nor can they order him to repair and at the same timr- order him to pay Costs, for in such case he has obeyed no Order Replevin will lie for a Distress levied under a Warrant of Justices. (12 L. J., M. C., 94 : 11 M. & W., 149 : 2 Dowl., (N. s.), 783.) 1886. [2457] Hooper v. Hawltim. "Highway Act, 1835," 53-4 An Order to take materials for repairs must specify witli some exactness the place at which the materials must be dug. (51 J. P., 246.) 1873. [2458] Market Harborough TurnpiJce Trustees v. Kettering H. B. Local Act Arrears of Interest to Mortgagees Enactment that the tolls should be applied first to pay " interest from time to time owing in respect of money borrowed," then in repairs, and lastly in paying principal Proposed Contribution Held that the ar- rears ought not to be paid, and therefore that a contribution was not payable. (42 L. J., M. C., 137 : L. R., 8 Q. B., 308 : 28 L. T., 446: 37 J. P., 551.) 1873. [2459] Market Harborough Turnpike Trustees v. Market Harborough H. B. Tolls on condition of repair of that part of road which was in a particular Parish Tolls taken were adequate for repair of such part, but not for all the roads of the Trust Held that a Contribution was not payable by the said Parish. (12 7.] 2160 REPAIR OF HIGHWAYS. 2471 163 L. J., M. C., 139: L. R., 8 Q. B., 327: 28 L. T., 660 : 37 J. P., 614.) 1864. [2460] Man-by v. Hopkinson. Local Turnpike Act Available Funds insufficient Held that not- withstanding that a limit was specified in the Local Act as to the amount to be spent in repairs, the approved deficiency might be made good from the Highway Bate under 4 & 5 Viet., c. 59. (10L. T., 27.) 1 .^7. [2461] Orcr JJarweii, Mayor v. Lancashire JJ. (2). Dis- turnpikcd main Road upon which a Steam Tramway had been construcled County Au- Ihority held liable to contribute. (58 L. T., 51.) 1810. [2462] Reg. v. Berlin JJ. 2 & 3 Viet., c. 81, 1 [He- pealed] A Special Sessions may make an OrdiT on a Highway Surveyor to pay a specific sum to Turnpike Trustees, though the Turnpike funds be not altogether ex- hausted. (8 Dowl., P. C., 726.) 170 L [2463] Reg. v. Cluworth Inhabitants. A Parish is not bound to repair a road so as to make it better than it has ever been time out of mind, but as it has been usually at the best. (1 Salk., 359.) 1879. [2464] /,'- ;/. v. French. 4 & 5 Viet., c. 59, 1 Statute authorising the construction of various roads and empowering the Trustees to take tolls for the maintenance thereof All the roads except one duly made Held that the Trust was a Turnpike Trust, and that the construc- tion of all the roads was not a condition precedent to the Trust becoming entitled to claim a contribution from the Rates Beg. v. York & North Midland Railway followed. (48 L. J., M. C.. 175 : L. R., 4 Q. B. D., 507 : 41 L. T., 63 : 43 J. P., 699.) 1845. [2465] lieg. v. Hertfordshire JJ. 4 & 5 Viet., c. 59, 1 Order of Quarter Sessions confirming an j Order of Special Sessions directing a Parish Surveyor to pay a Contribution A Justice who was a creditor of the Turnpike Trust, and another Justice who was a party to the original Order and a respondent in the Appial, held to be interested parties and disqualified Order of Quarter Sessions quashed. (14 L. J.. M. C., 73 : 6 Q. B.. 753 : 1 New Sess. Cas., 470.) 1854. [2466] /A ;/. v. lliitchiitwn. "Highway Act, 1835," 94 Turnpike road out of repair Order of Sessions on Trustees to pay Surveyors a sum for repairs held good Trustees directed to apply their tolls ii\ "keeping down" the interest of borrowed money, and then towards repairs, held not justified at a time when repairs were necessary in. paying off old arrears of interest before defraying the re- pairs; but only the interest periodically falling due Before Justices issue an Order under 94 they must investigate the Turn- pike accounts and ascertain that there is money at command to satisfy any Order which they may make. (24 L. J., M. C., 25 : 4 E. & B., 200 : 3 C. L. R., 104 : 24 L. T., (o. s.), HI.) 1860. [2467] Reg. v. Manchester, Mayor (2). Part of a footway adjoining a Turnpike road gravelled, and part paved sufficiently for practical purposes Held that it was a question of fact whether this was a pavement or paved footway within the " Turnpike Act, 1822," 112, and it being left to the Court to decide the point, the ( 'mt decided that it was, and that therefore the Trustees were exempt from liability to repair under 112. (2 L. T., 280.) 1845. [2468] Ren. v. Mo-rice. 4 & 5 Viet., c. 59, 1 An Order under this Section must show that the road which is in quLStion is within the Division of the County for which the Special Sessions is held It need not show in what proportion of the Rate the sum to be paid stands Nor out of which of the three Rates permitted by the " Highway Act, 1835," the sum is to be taken The 6 months within which a Certio- rari can be had run from the date of con- firmation by the Quarter Sessions, and not from the date of the original Order of the Special Sessions The "Special Sessions" mentioned in the Section cited means such Special Sessions as arc held by annual appointment under the " Highway Act, 1835," 45. (14 L. J., M. C., 75 : 1 New Sess. Cas., 585 : 2 Dowl. & L., 952.) 1847. [2469] Reg. v. Patty. 4 & 5 Viet , c. 59 A Summons to a Surveyor that a contribution will be applied for need not be very precise, if it give a general but clear intimation of the matters which the parties are called upon to answer. (11 Jur., 288 : 8 L. T., (o. s.), 870.) 1838. [2470] Rtf/. v. Preston Inhabitants (1). If a Turnpike road be out of repair the Inhabitants are liable to be indicted, notwithstanding that the tolls are appropriated by Statute to the repairs In such case the Inhabitants must seek relief from the Turnpike Trustees, under the pro- visions of "Turnpike Act, 1822," in that behalf. (2 Lewin, C. C., 193.) 1848. . [2471] Reg. v. Preston (3). 4 & 5 Viet., c. 59, 1 The notice of an intended Information before a Special Sessions with the view of obtaining a contribution from the Highway Rate need not state what part of the Turnpike road is out of repair, or to what particular purpose the money is to be applied, or that the road is within" the Petty Sessional Division in which the application will be made The Order made will be sufficient if it shows that an Information has been exhibited, and acted upon by the Justices The object of the Statute is to ascertain the amount requisite for the repair of so much of the road as is within the Parish. (18 L. J., M. C., 4 : 12 Q. B., 816 : 3 New Sess. Cas., 333.) M 2 164 2472 HIGHWAYS. 2482 [PART II. 1853. [2472] lieg. v. St. Albans JJ. If a Turnpike road be out of repair a single Justice has no power under the "Highway Act, 1835," 94, to summon a Turnpike officer before him at Special Sessions Order to be quashed as ultra vires Justices are not justified in making any Order for payment of moneys necessary for repairs without inquiring into the sufficiency of the funds George v. Chambers followed. (23 L. J., M. C.,' 142 : 17 Jur., 531.) 1854. [2473] Reg. v. South Shields Turnpike Trustees. 4 & 5 Viet., c. 59 Local Turnpike Act providing that fundsshould be applied first to repair the roads, and afterwards to pay interest on borrowed money Trustees applied funds to pay arrears of interest, and the balance being insufficient for repairs, Justices made an Order for con- tribution Order quashed at Quarter Sessions Held that the order of appropriation in Local Act was not altered by 4 & 5 Viet., c. 59, and that the payment by the Trustees was improper That nevertheless the Jus- tices had power to make an Order, if expe- dient, although the deficiency was caused by misappropriation, but that the Quarter Ses- sions had exercised a sound discretion in re- viewing their decision. (23 L. J., M. C., 134 : 3 E. & B., 599 : 2 C. L. K., 1506 : 24 L. T., (o. s.), 143.) 1856. [2174] Reg. v. Trafford. "Highway Act, 1835," 94 Summons against Surveyors for non-repair Road ascertained to be Turnpike Com plainant offered to show that Trust had no funds, he appearing on behalf of the Trust Complaint dismissed by Justices on the ground that proceedings under 94 were im- proper Held that the Justices were right ; otherwise they would have convicted the wrong parties, the liability resting in the first instance on the Turnpike Officers. (5 E. & B., 967.) 1843. [2475] Reg. v. White (1). 2 & 3 Viet., c. 81 [Repealed.] Turnpike Act direcling Tolls to bo devoted first to repairs and then to payment of interest Income sufficient for repairs But not for repairs and interest in addition Held tl.at tlic Justices had a discretion to make an Order for a contribution out of the Highway Rate, the Tolls being insufficient for both the pur- poses. (12 L. J., M. C., 31 : 4 Q. B., 101.) 1840. [2476] Reg. v. Wilts JJ. Highway out of repair Ap- pointment by Justices of a viewer Justices are not bound by his report but may exercise their own discretion whether they will con- vict the Surveyor or not Mandamus to Jus- tices to convict and fine a Surveyor, refused If certain Justices attending at Special Sessions do not take part in a decision of the Sessions they ought not to be brought before the Queen's Bench on an application for a Mandamus in respect of that decision Per Coleridge, J. : " It is said that this penalty if inflicted would come out of the Highway Bate, but I do not think that 96 bears out that construction." (8 Dowl., P. C., 717: \_Reg. v. Bouverie] 4 Jur., 460.) 1854. [2477] Reg. v. Worthing Roads Trustees. Local Acts- Turnpike Road Part of a parish formed into a Local Government District 4 & 5 Viet., c. 59, held applicable, and contribution payable to the Turnpike out of the High- way Rate, but that the two parts of the Parish became distinct for the purpose of repairs both of highways and turnpike roads, and that only the Urban Highway Rate was to contribute to the Urban portion of the Turnpike and Rural to Rural. (23 L. J., M. C., 187 : 3 E. & B., 989 : 2 C. L. R., 1678 : 23 L. T., (o. s.), 169.) 1832. [2478-79] Rex v. Cumbencorth Inhabitants. (1). Where Trus- tees are authorised by Statute to make a road the making of the whole of it is a con- dition precedent to any part becoming a public highway Therefore, where 12 miles of road were to have been made, and 11 j miles (ending at a highway) only were made, no duty to repair was cast upon the Town- ship. (1 L. J., M. C., 86 : 3 B. & Ad., 108.) (2) In 1836 there was a second case of Rex v. Cumberworth Inhabitants. The trunk road mentioned above had been completed, but not a branch road, and the Court adhering to its former view, held (Per Patteson, J.). that " there is a bargain with the public, and . . . unless the Trustees make all the roads they do not complete their bargain " Rule absolute for a Verdict of ''Not Guilty." (6 L. J., M. C., 21 : 4 A. & E., 731 : 1 N. & P., 197.) [See Roberts v. Roberts.] 1812. [2480] Rex v. St. George, Hanover Square, Inhabitants. Where the duty to repair a highway is transferred by Statute from a Parish to other persons, if the Parish be indicted for non-re- pair a special plea stating who is bound to repair is not requisite, but the exemption may be taken advantage of under the genenil issue of " Not Guilty " Although a Statute enact that the paving of a particular streel shall be done by certain Commissioners and provides the requisite funds, and another Act for paving the streets in the Parish contains a clause that it shall not extend to the par- ticular street, the Inhabitants are not ex- empted from their Common Law liability to keep that street in repair. (3 Camp., 222.) 1835. [2481] Rex v. Siviter. Charter granted by Elizabeth and confirmed by Charles I. exempting the tenants of certain ancient demesne lands from payment of Road Money (Chimagium) held not to exempt them from Statute Duty under the " Highway Acts " These Statutes taken to repeal, pro tanto, the Charters. (4 L. J., M. 0., 108 : 5 N. & M., 125.) 1862. [2482] Roberts v. Roberts. Act for construction of a Turnpike Road Part only of the road made SECT. 7.] 2483 REPAIR OF HIGHWAYS. 2494 165 Held that Justices could make an Order under 4 & 5 Viet., c. 59, for the repair of the part which had been completed and opened to the public. (3 B. & S., 183 : 7 L. T., 320.) 1861. [2483] Sunk Island Turnpike Trustees v. Patringtcn Highway Surveyors. 4 & 5 Viet., c. 59, 1 Tin's Statute applies to Turnpike Roads not in existence when it was passed A Trust is none the less a Trust within the Act be- cause its funds are derived from other sources than Tolls taken on the road. (31 L. J., M. C., 18 : IB. & S., 747.) 18G6. [2484] Weardale H. B. v. Alston Turnpike Trustees. Local Act Eevenue more than sufficient to defray lawful expenditure and a small sur- plus available for paying off debts Held that under these circumstances no contribu- tion from the Highway Kates could be claimed, and that the Trustees were -bound to apply their funds in the order and to the extent provided by their Aqt ; and that 4 & 5 Viet., c. 59, could not override the subsequent Local Act Justices' Order for a payment for this purpose held bad Keg. v. White (1) distinguished. (35 L. J., M. C., 173: 14 L. T., 546: [IF. v. Bainbridge] L. B., 1 Q. B., 396.) 1797. [2485] Wilkinson v. Bagshaic. Local Turnpike Act New road made under a Statute which like- wise authorised the sale of the land which formed the old road unless it led to some place to which the new road did not lead Held that the Trustees could not make a partial destruction of the road ; but that if it led to any place, even a single house, not served by the new road the old rond must remain open. (Peake, Add. Gas., 165.) (iv.) In respect of " Extraordinary Traffic " under the ' Highways Act, 1878," 23. 1883. [2486] Cl mini inn* v. MY//* JJ. "Highways Actj 1878," 13 Expenses of removal of snow from main road held expenses,Tialf of which could be recovered from County Authority. (52 L. J , M. C., 64 : L. R., 10 Q. B. D., 480 : 47 J. P., 184.) 1879. [2487) Ai-eland (Lord) v. Lucas. " Highway Act, 1878," 23 Damage to road by traction-engine drawing heavy materials Engine within the statutory weight, and the materials ordinary materials Held, nevertheless, that the owner was liable What is " excessive weight " and extraordinary traffic must be determined in each case, with reference to the ordinary traffic of the road affected. (4! L. T., C.'P.. G43 : L. R., 5, C. P. D., 351 : 42 L. T., 788 : 44 J. P., 360.) 1S82. [2488] Barm-tt v. Hoo H. B. " Extraordinary traffic " caused by contractor carting bricks Held that the "Railway Clauses Aft, 1S45" 58. dealing with liabilities of Railway Com- panies as to highways did not operate to re- lieve the contractor of his obligations under the "Highway Act, 1878," 23. (46 J. P., 805.) 1881. [2489] Exford Iron Co. v. Dulverton H. B. " Highway Act, 1878," 23, 36 " Extraordinary traffic " What evidence is necessary to sup- port a demand for a special contribution Company held liable for serious damage done by carting immediately after a "ffiSW". (At 1888. [2490] Lancaster v. Harlech H. B. "Highways Act, 1871," 23 Surveyor's certificate upheld; though he had never been appointed under seal he was de facto surveyor, and so qualified to certify. (52 J. P., 805.) 1885. [2491] Lapthorne v. Harvey. "Highway Act, 1878," 23. Cartage of stone required by a Go- vernment contractor Sub-contract Held that the sub-contractor who actually moved the stone was the party to be proceeded against. (49 J. P., 709.) 1880. [2492] Northumberland Whinstone Co. v. Alnwick H. B. "Highways Act, 1878," 23 " Extraor- dinary traffic" Williams v. Davies followed. (44 J." P., 360.) 1881. [2493] Pickering H. B. v. Barry. "Highway Act, 1878," 23. Heavy traffic in bricks carted for building a house -Such traffic held uoi - extraordinary " Per Lopes, J. : " (Exces- sive weight) was something unusual iu weight : (extraordinary traffic) was some- tiling unusual in the jdnd of traffic. I think that the legislature intended something unusual in weight or extraordinary in kind of traffic, either as compared with what is usually carried over roads of the same nature in the neighbourhood, or as compared with what the road in its ordinary and fair use might be reasonably subjected to. It would not be sufficient to compare the weight and traffic complained of with traffic usually carried on the particular road. It might be traffic was usually of the lightest kind, but surely the legislature never intended that a man was not to use the road for carrying materials for building a dwelling-house, a farm-house, or a barn, provided he used it in a reasonable way for those purposes." (51 L. J., M. C., 17 : L. R., 8 Q. B. D., 59 : 45 L. T., 655 : 46 J. P., 215 : Times, Dec. 2, 1881.) 1882. [2494] Pool and Forden H. B. v. Gunning. " Highway Act, 1878," 23 and 36 The 6 months within which summary proceedings to recover expenses must be taken run from date of Surveyor's certificate, and not from date of demand. (51 L. J., M. C., 49 : 46 L. T., 163 : 46 J. P., 708.) 166 2495 HIGHWAYS. 2507 [PART If. 1881. [2495] Ilaglan H. B. v. Monmouth Steam Mills Co. "Highway Act," 1878, ^"Extraordin- ary Traffic " Haulage of timber in a district where timber had long been a common article of trade held not to be " extraordinary traffic," although it was only at intervals of some years that particular coppices, being cut unusual traffic occurred. (46 J. P., 598.) 1882. [2496] Reg. v. Ellis (1). " Highway Act, 1 878," 23 The conveyance of manure by truck drawn by traction engine along a road not ordinarily traversed by such engines, and unfit to bear their weight, held " extraordinary traffic." (L. B., 8 Q. B. D., 4G6 : 30 W. K.,613 : [?///* v. Maiddone] 46 J. P., 295.) 1881. [2497] Keg. v. WHUamson. "Extraordinary expenses" Defendant the only mineral owner using a road, all other owners sending their stone by railway Defendant's traffic held not " extra- ordinary " meiely because he made frequent use of the roacl wnilsl omers preferred another mode of conveyance. ( 1.1 J. I'., .">((.").) 1880. [2498] Savin v. Osicestry II. B. ' Highway Act, 1878,'' 23 " Extraordinary traffic " Highways so seriously damaged so as to need entire reconstruction Held that as the expenses of reconstruction could not be separated from the expenses of repairs the defendant was properly adjudged to pay the large sum of 500, and this notwithstanding that the road had not been originally well formed Where the Q.B.D. exercises its Common Law Juris- diction there may be appeal to Court of Appeal though leave refused. (L. R., (! Q. B. D., 309 : 44 J. P., 766.) 1884. [2499] Turibridge H. B. v. Sevenoalcs H. B. "Highway Act, 1878," 23 Cartage of stone along au agricultural road never before used for such a purpose held to be " extraordinary traffic." (49 J. P., 340 : 33 W. B., 306.) 1881. [2500] Wallington v. HosJcins. " Highway Act, 1878," 23 Cartage of stone A waggon may be loaded with a weight which absolutely may be very heavy, and yet the "weight may not be extraordinary within the statute if such weights are usual in the locality' and neces- sary. (50 L.T.7M. H.TgTirR:, 6Q. B.'TT, 2W: 43 L. T., 597 : 45 J. P., 173.) *1881. [2500rt] White v. Colson. "Highway Act, 1878," 23. (46 J. P., 565.) [See Pool & Forden v. Gunning.] 1891. [2501] Wliitehead v. SevenoaJcs H. B. " Highways Act, 1878," 23 Light country road injured during 7 years by cartage of stone from a quarry Appellant held chargeable with the payment of " extraordinary expenses " ; the ,. length of time which had elapsed before pro- > x ^ ceedings were commenced did not diminish his liability. (61 L. J., M. C., 59: [Whit- bread v. i-l'iimi- Inhabitants. An owner of land over which there is a highway may exercise his rights to inclose the land under an Inclo- sure Act without taking upon himself any obligation to repair the road the duty as to which continues with the Parish. (2 Ld. Keny., 261 : 1 Burr., 461.) [As to the value of this decision see the foot-note on p. 465 of Burrow's Report.] 1835. [2513] Ilex v. Hatfield Iirfiabifants (2). " Inclosure Act, 1801," 9 A road continued, as well as a road newly made, under the Award of Com- missioners of Inclosure, must be declared by Justices in Special Sessions to be fully com- pleted and repaired before the Inhabitants can be indicted for neglect to repair Where the herbage of a road becomes vested by 11 in the owners of allotments on each side, no presumption arises that the soil itself belongs to such owners. (4 A. & E., 156.) 1800. [2514] Hex v. Richards. An Award under an Inclosure Act set out a road for the use of the Inhabi- tants of 9 Parishes directing 6 of those Parishes to repair it Held that no Indict- ment could be supported against the latter for non-repair, the road being in effect only a private road. (8 T. R., 634.) 1832. [2515] Rex v. Wright. Where Commissioners, em- powered under an Inclosure Act to set out public and private roads, the former to be repaired by the Township and the latter by such persons as they should direct, exceeded their authority in awarding that private roads should be repaired by the Township, it was held, upon the whole evidence, to be a proper question for a Jury whether or not one of such private roads which had been re- paired by the Township, though originally intended to be private had not been dedicated to, and adopted by the public Per Lord Tenterden, C. J. : " I am strongly of opinion when I see a space of 50 or 60 ft. through which a road 'passes, between enclosures set out under Act of Parliament, that, unless the contrary be shown, the Public are entitled to the whole of that space, although perhaps from economy the whole may not have been kept in repair. If it were once held that only the middle part, which carriages ordin- arily run upon, was the road, you might by degrees inclose up to it so that there would not be room left for 2 carriages to pass. The space at the sides is also necessary to afford the benefit of air and sun. If trees and hedges might be brought up close to the part actually used as the road, it could not be kept sound." (1 L. J., M. C., 74 : 3 B. & Ad., 681.) 1832. [2516] Thackrah v. Seymour. "Inclosure Act, 1801," 8 and 11 Award under -a Local Act, omitting mention of an ancient footway, and setting out no new footway Held that the allotment did not operate to extinguish the old way. (2 L. J. Ex., 10 : 1 Cr. & Mee., 18 : 3 Tyr., 87.) (2.) HIGHWAYS IN DIFFERENT PARISHES. 1856. [2517] Gwyn v. llardwicke. Footway in 2 Parishes Power under an Inclosure Act to stop up (subject to appeal to Sessions) so much of it as lay in one Parish duly exercised, whereby the residue of the way became a cul-de-sac Held that there having been no appeal the 168 2518 HIGHWAYS. 2528 [FAKT II. way was duly stopped in one Parish notwith- standing that the unstopped residue in the other Parish became useless as a thoroughfare Semble, the latter part remained a public way. (25 L. J., M. C., 97 : 1 H. & N., 49 : 27 L. T., (o. s.), 72.) 1805. [2518] Nicholh v. Parker. Traditionary reputation is evidence of boundary between 2 Parishes and manors Evidence was admitted of what old persons, dead before the trial, had said con- cerning the boundaries, although they claimed rights of Common on the respective Wastes, which might be enlarged by such evidence ; their evidence was admissible because there was no litigation pending, or in contempla- tion, at the time to give a reason for suspect- ing the motives of their testimony. (14 East, 331, n.) 1845. [2519] Reg. v. HicJding Inhabitants (1). 34 Geo. III., c. 64, 2 [Repealed]: "Highway Act, 1835," 58-9 An Order of Justices dividing for purposes of repair a road lying in 2 Parishes and following the form prescribed by the Statute is conclusive as to the liability of each Parish It is not open to either Parish on an Indictment for non-repair of the portion BO allotted to impeach the jurisdiction of the Justices by producing evidence to prove that no part of the road ever was within such Parish The Order of the Justices must show on its face that it was made at a Special Sessions for highways. (14 L. J., M. C., 177 : 7 Q. B., 880 : 2 New Sess. Cas., 117.) 1864. [2520] Eeg. v. Si rand B. W. Where a highway is em- ployed to define the boundary of a district the medium filum vise, must (in the absence of contrary evidence) be deemed the actual boundary. (Metropolis.) (33 L. J., Q. B., 299 : 4 B. & S., 551 : 11 L. T., 183.) 1780. [2521] Rex v. Toienshend. " Highway Act, 1773," 47 [Repealed] If a Parish consisting of 2 districts, each bound to repair separately, be convicted and fined for the non-repair of a road in one district, the other having no notice of the Indictment, the Court will consider it as being substantially the convic- tion of the one district, and it' the fine be levied on an inhabitant of the other, will grant a special Mandamus for a Rate to be levied on the district bound to repair the indicted part of the Road. (2 Doug., 420.) (3.) OBTAINING MATERIALS FOB REPAIRS. 1881. [2522] Alresford Rural Authority v. Scott. "Highway Act, 1835," 51 A Surveyor may obtain a license from Justices (if they think fit to grant one) to "gather" stones lying upon any enclosed lands in the parish without making any satisfaction to the owner for the stones taken. (50 L. J., M. C., 103 L R 7 Q. B. D., 210 : 45 L. T., 73 : 45 J. P., 619.) 1851. [2523] Cloices v. Becli. Injunction granted against Sur- veyors of Highways to restrain them from removing beacli and sand from a sea-shore for road repairs notwithstanding that plain- tiff's title was doubtful and that he ought to proceed at Law to establish it The Court so decided on the ground that the balance of probable injury was with the plaintiff' rather than with the Surveyors, it appearing that the continued removal of the beach was doing irreparable injury by causing the sea steadily to encroach on the land of the plaintiff. (20 L. J., Cli., 505: 13 Bea., 347: S. C. on appeal, 2 De G. M. & G., 731.) 1863. [2524] Constable v. Nicholson. The alleged right for the inhabitants of a Township to take stones from the land of another person for the purpose of repairing highways is a claim to a profit prendre, and cannot therefore be claimed by custom Neither can it be claimed by prescription or grant, as inhabitants are in- capable by that description of taking such an easement, unless they can prove incorpora- tion. (32 L. J., C. P., 240 : 14 C. B., (N. s.), 230.) 1876. [2525] Ellis v. Bromley L. B. A right given by Statute to Highway Surveyors to dig gravel from an existing pit held to authorise a lateral as well as a vertical extension of a pit. (45 L. J., Ch., 763 : 35 L. T., 182.) 1849. [2526] Huntley v. Russell. Gravel-pit on the soil of a Rectory opened and kept open by orders of Justices under the "Highway Act, 1773," 29 [repealed], and the " Highway Act, 1835," 54 Soil not sloped down or filled up according to 31 of former Act or 55 of latter Act No step taken during the Incum- bency to enforce this duty on Surveyors While pit was open some gravel was sold by Rector's lessee to private purchasers without sloping, &c. Action against Rector's Execu- tors for dilapidations Held that the excava- tions for the highways were not chargeable as acts of Waste on the part of the Rector, being done under the Statute, but that the digging and sale of gravel to private pur- chasers was Waste for which the Executors Avere liable Quasre. whether the Executors could be charged in any form for the Rector's omission to slope or fill up the excavations or oblige the Surveyors to do so? (18 L. J., Q. B., 239 : 13 Q. B., 572 : 13 L. T., (o. s.), 526.) 1878. [2527] Manvers (Earl) v. Bartholomew. " Highway Act, 1835," 53-4 A licence to get materials for repairs of highways applies only to the necessities of the particular occasion in respect of which it is granted, and is not of indefinite duration. (48 L. J., M. C., 3 : L. R., 4 Q. B. D., 5 : 39 L. T., 327 : 42 J. P., 740.) 1852. [2528] Padwiclt v. Knight. A Highway Surveyor cannot SECT. 7.] 2329 REPAIR OF HIGHWAYS. 2540 169 justify a trespass under a prescriptive right, or a custom, to take stones from the Waste, whether adjoining the sea-shore between high- and low-water mark, or otherwise, for the purpose of repairing the highways of a Parish Semble, that it would be a good justification to plead a prescriptive right of the inhabitants alleging the Surveyor to be an inhabitant. (22 L. J., Ex., 198 : 7 Ex., 854 : 19 L. T., (o. s.), 206.) 1871. [2529] Pitts v. Kingsbridge H. B. '' Highway Act, 1835," 51-2 A Highway Board must not take shingle from a beach below high -water- mark so as to cause an increased risk of encroachment by the sea A special custom to take shingle from a beach above high- water-mark for repair of highways is bad as to such part of the beach as is private property A contractor's employers arc liable for injurious acts properly arising out of the contract, but the contractor is personally liable for such acts if foreign to the contract. (25 L. T., 195 : 19 W. K., 884.) 1881. [2530] Itamsden v. Yeates. "Highway Act, 1835," 53-4 Available materials in a field not accessible otherwise than by a road through private avenue Held, nevertheless, that the material might be got, and if damage were done to the avenue, further compensation would be payable. (50 L. J., M. 0., 135 : L. R., 6 Q. B. D., 583 : 44 L. T., 612 : 45 J. P., 538.) 1757. [2531] Rex v. Manning. Local Turnpike Act An Order of Sessions for entering land to obtain materials should show notice to the occupier, the necessity for the Order, the kind of provision wanted, and the fields which it was intended to search ; and should award satis- faction to the owner and occupier Order defective on these points, quashed "All special authorities must be strictly pursued." (1 Burr., 377 : 2 Ktny., 561.) 1845. [2532] Rylatt v. Marfleet. Inclosure Act, allotting land to be reserved for supplying stones, &c., to repair roads Held that the parishioners were not entitled to get stones for any other purposes. (14 L. J., Ex., 305 : 14 M. & W., 233.) 1869. [2533] Smith v. Stocks. Gravel-pit allotted by Inclosure Commissioners to Surveyors of Highways for getting road materials Rights not claimed for 26 years Pit and road thereto ploughed up and cultivated Held that the rights of the Surveyors were extinguished by the Statute of Limitations Nor did the fact that the tenant of the land had, after posses- sion taken, been himself a Surveyor of High- ways make any difference. (38 L. J., Q. B., 306 : 10 B. & S., 701 : 20 L. T., 740.) 1841. [2534] Tapsell v. Crosskey. "Turnpike Act, 1822," 97-8 The words "inclosed lands" are used in their popular sense as denoting lands actually inclosed within fences A Surveyor may take materials from private lands (" Downs ") not inclosed or fenced off without any Order of Justices under 98 Land surrounded by a fence out of repair and therefore in one sense " open " is to be deemed "inclosed" and protected by 98. (10 L. J., Ex., 188 : 7 M. & W., 441.) [Effect of decision modified by 4 & 5 Viet., c. 51, 1.] 1862. [2535] Tliew v. Wingate. Adverse possession for '20 years against Highway Surveyors bars their claims in respect of land allotted to them by the Inclosure Commissioners for the purpose of providing road materials. (10 B. & S., 714, n.) (4.) INDICTMENT FOB SON-REPAIR. %* The Practice mentioned in some of the Cases which follow under this head must now be deemed obsolete. 1883. [2536] Ulingworth v. Bulmer East H. B. "Highway Act, 1862," 18 Neglect to repair highway Grounds on which an appeal to sessions might be had against an Order of Justices. (53 L. J., M. C., 60 : 48 J. P., 37.) 1587. g [2537] Madox's Case. Indictment for a nuisance to a " horseway," quashed It should have been to the " Queen's Highway," or " the High- way." (Croke, Eliz., 63.) 1841. [2538] Reg. v. Barnard Castle Inhabitants. Indictment for non-repair The fine imposable under 96 can only be applied towards the repair of the highway indicted If therefore after conviction and Order and before payment of the fine the defendants effectually repair the way they are entitled to have the proceedings stayed And the prosecutors cannot claim the fine on behalf of third parties for repairs done previously to the conviction Where defendants remove an Indictment by Cer- tiorari, a merely nominal prosecutor is not entitled to costs under 5 W. & M., c. 11, 3, ns being a party "grieved or injured." (10 L. J., M. C , 53 : 5 Jur., 799.) 1841. [2539] Reg. v. Botfteld. Per Coleridge, J. : " In an Indictment for a nuisance by not repairing a road, the words ' from ' awl ' to ' exclude the termini " So in an Indictment for ob- structing a highway leading from A. to B. by placing a gate across it A. and B. are excluded, and therefore if the gate is put up in one of the terminal Townships the defen- dant must be acquitted. (Carr. & M., 151.) 1849. [2540] Reg. v. Briijhtside Bierlow Inhabitants. Naviga- tion Act requiring the proprietors to keep in repair an ancient highway subject to liability to Indictment for default Proviso to Act that the inhabitants of the Townships through which the highway ran were not to be excused from contributing to the repairs 170 2541 HIGHWAYS. [PART II. Held tliat the Township was not exempt from its Common Law liability to repair In an Indictment for non-repair it is admis- sible evidence, iu order to prove a highway, to prove that an Indictment against an adjoining Parish in respeut of a highway which is a continuation of the one in dispute was either submitted to, or prosecuted to a conviction. (19 L. J., M. C., 50 : 13 Q. B., 933: 4 New Sess. Cas., 47.) 18G5. [2541] Reg. v. fiufikJand Inhabitants. " Highway Act. 1862," 19 Indictment for non-r< pair " Not Guilty " on the ground that the road was a private road and not a highway In such a case the Court has no jurisdiction to award Costs : under the Act of 1862 the law ia the same as it was under the Act of 1835 (95). (3i L. J., M. C., 178: 6 13. & 8., 397 : 42 L. T., 380.) 1841. [2542] Itej. v. Challiconibe Inhabitants. Indictment f,r non-repair Verdict for defendants In such p case the Court will not grant a Nrw Trial tn the ground of misdirection, but will in its discretion suspend the Judgment iu order that a new Indictment may be preferred. (6 Jur., 481 : 2 Mood. & E., 311.) 1844. [2543] Reg. v. Clark. Where Justices have directed an Indictment for non-repair and the Judge of Assize orders payment of the Costs out of the Highway Hate, he must ascertain the amount and order payment of the sum so ascertained A Judge's Order to pay Costs generally, cannot be enforced by Mandamus Quaere, whether the amount can be ascer- tained after the commission of the Judge of Assize has expired? (13 L. J., M. C., 91 : 5 Q. B., 887 : 1 New Sess. Cas., 143 : Dav. & Mer., C87.) 1855. [2544] Reg. v. Claxby Inhabitants. ' Indictment for non- repair Verdict "Guilty" A Parish is not to be excused from putting a road into good repair by the fact that the road is little used, has never been repaired with hard materials, is fornii d of various tracks and passes over ascents and descents, and terminates in another Parish which denies it to be a high- way, and even if repaired would be useless unless the portion in the adjoining Parish were also repaired The Court will not prescribe the particular mode of repair, but when it appears that a certain amount is necessary to put the high way into substantial repair a line to the requisite amount will b imposed. (24 L. J., Q. B., 223 : 3 C. L. R., 080,) 1864. [2545] Reg. v. Clechheaton Inhabitants. " Highway Act, 1835," 94-5 Indictment for non-repair of a Highway Counts for a cart and carriage- way and also for a pack and prime-way Verdict of the Jury that the way was not a cart, &c., way, and that as a pack, &c., way it was not out of repair Verdict entered for defendants, and prosecutor held not entitled to Costs. (11 L. T., 305.) 1847. [254 G] Reg. v. Colling. An Indictment against a Town- ship for the non-repair of a highway must aver that the road in question was not a road which, but for the custom, would have burn repairable by the Parish. (2 Cox, C. C., 181.) 1852. [2547] Reg. v. Denton Inhabitants (1). Where between the finding of an Indictment for non-repair of a road and plea pleaded the Statute on which alone the Indictment could be supported was repealed w ithout any reference to pend- ing prosecutions, and afterwards a conviction was obtained nevertheless, the Court arrested the Judgment Quxre, is it necessary, in Indictment against inhabitants of district charging liability to repair highway, to proves consideration for such liability, or is it to bo inferred from the fact of repair? (21 L. J., M. C., 207 : 18 Q. B., 761 : 1 Dears. & P., C. C., 3.) 18J4 [2548] Reg. v_ Denton Inhabitant* (2). "Highway Act, 1835," 98 Indictment fur non-repair A mere plea of " Guilty " is not a frivolous or vexatious "defence: "in point of fact it is no defence at all and therefore costs cannot be awarded. (34 L. J., M. C., 15 : 5 B. & S., 821 : 11 L. T., 371.) 1845. [2549] Reg. v. Down Holland Township. "Highway Act, 1835," 95 A certificate for Costs can only bo granted when the road indicted i.s proved affirmatively to be a highway The Court will not go into the question on affidavits. (15 L. J., M. C., 25 : 2 New Sess. Cas., 177.) 1865. [2550] Reg. v. East Stoke Inhabitants. A prosecutor removing by Curtiorari an Indictment for non-repair is only liable for Costs by virtue of the recognizance required by 16 & 17 Viet. c. 30, 5, and if lie lias not entered into such a recognizance Costs cannot be recovered against him The proper remedy for suoh a default is given by 7 which provides that in that case the Certiorari may be disregarded. (6 B. & S., 536 : 13 W. R., 737.) 1848. [2551] Reg. v. F/fehead Inhabitants. If at the trial of an Indictment for non-repair it appears that the road actually indicted is not the road set, out in the Order of Justices under the " Highway Act, 1835," 94, and the prosecu- tion fails in consequence the Judge cannot certify for Costs under 95. (3 Cox, C. C., 59.) 1843. [2552] Reg. v. Great Brouc/hton Inhabitants. "Highway Act, 1835," 95 A Judge at Nisi Prius may order payment of prosecutor's Costs though the Indictment had been removed SECT. 7.] 2553 REPAIR OF HIGHWAYS. 2565 171 from Sessions by Certiorari. (2 Mood. & R., 444.) 1883. [2553] Reg. v. Halliday. Part of a road wholly destroyed by landslip Nevertheless, Mandamus to repair, issued, on its being shown tliat 200 would reinstate the part destroyed Worthing v. Lancing not followed. (Times, July 31. 1883.) 1862. [2554] Reg. v. Haslemere Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair of highway Plea of "Guilty "and no actual trial, notice having been given of intention so to plead Held nevertheless that a Judge of Assize has power to award Costs against the Parish. (32 L. J., M. C., 30 : 3 B. & S., 313 : 7 L. T., 382.) 1853. [2555] lieg. v. Haughton Inhabitants. Upon the trial of an Indictment against the inhabitants of Township H. for non-repair of a highway a prior Judgment of Quarter Sessions upon a presentment by a Justice under the " High- way Act, 1773," for non-repair of H. of the same highway was put in The presentment alleged tbat the highway was in H., and that H. was liable for its repair It also appeared by the Judgment that two inhabi- tants of H. had appeared and plead; d "Guilty," and that a fine was imposed Held that this was conclusive evidence that the highway was in H. and that H. was liable The presentment did not state how the Township was liable : Held, that having submitted to it the defendants were bound by it The absence of proof of payment of the fine imposed did not prevent the Judg- ment from acting as an estoppel, no fraud j being imputed A . recital in a repealed Local Act that the road in question was in D. held, not crnclusive. (22 L. J., M. C., 89 : 1 E. & B , 501 : 6 Cox, C. C., 101.) 1862. [2556] Reg. \. Raich-hurst Parish. (2). Indictment for non-repair Removal thereof by Certiorari Held that fin Indictment not being a Civil j proceeding there cannot be an appeal to a ! Court of Error. (11 W. R., 116.) 18. [2557] Reg. v. Healaugh. Highway crossing bed of stream Indictment for non-repair Per Martin, B. (to the Jury) : The way should be put in such a state of repair as that persons might walk dry-shod Verdict for the Crown Rule to set aside Verdict for misdirection, refused. (Glen, MS.) 1845. [2558] Reg. v. Hennor Inhabitants. "Highway Act, 1835," 95 The power of a Judge to certify for Costs only extends to cases where there is a highway and the liability to repa : r the I same is disputed And therefore when on ! an Indictment for non-repair of a carriage- way the defendants were acquitted on the j sole ground that the way was not a highway and the Judge certified for Costa under this ' Section the Court stt aside the Certificate. (14 L. J., M. C., 38 : 6 Q. B., 745 : 1 New Sess. Gas., 460.) 1863. [2559] Reg. v. Heytesbury Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair Jury discharged because unable to agree on a ver- diet Held that on this account the Judge had no power to award Costs against the Parish Order of Justices held bad for not showing on its face that it was made at a Special Sessions for Highways held within the Division in which the highway com- plained of was situate. (8 L. T., 315.) 1845. [2560] Re g. v. Hiclding Inhabitants. (2). " Highway Act, 1835," 94 An order directing an Indict- ment for non-repair must show on the face of it that it was made at a Special Sessions, within the Division in which the road is situated If it do not, it is void ; and an Order for Costs made under 95 by the Judge who tried the cause will be set aside on the ground of the defect iu the Order of the Justices. (15 L. J., M. C., 23 : 7 Q. R., 880 at p. 890 : 2 New Sess. Cas., 117.) 1868. [2561] Reg. v. Ipstones Inhabitants. " Highway Act, 1835," 95 An Indictment for non-repair when removed by Certiorari is no longer within 95, so that if it is sent down for trial at Nisi Priiis a Judge of Assize has no power to make an Order for payment of the Ci-sts of the Prosecution Costs in such a case are governed by 5 Will. & M., c. 11. Reg. v. Eardisland, over-ruled. (37 L. J., M. C., 37 : L. R., 3 Q. B., 21U : 9 B. & S., 106 : 17 L. T , 497.) 18G3. [2562] Reg. v. James. The " South Wales Highway Act, 1860," and "Highway Act, 1835," are to b, construed together as one Act Therefore, notwithstanding some alterations in the working of the earlier Act prescribed by the later Act, 95 of the earlier Act remains in force in South Wales. (32 L. J., M. C., 211: 3 B. & S., 901.) 1865. [2563] Reg. v. Johnson (3). " Highway Act, 1835 " 95 Before directing an Indictment against a Parish for non-repair, where the liability is denied, the Justices must have some evidence that the locus in quo is a highway If the existence of the highway is denied, quxre whether the Justices have any jurisdiction. (34 L. J., M. C., 85 : [Reg. v. Askertoti] 13 W. R., 339: 11 L. T., 700.) 18:4. [2564] Reg. v. Lambeth Surveyors. An Order of Sessions for the payment of the Coats of a prosecution for non-repair is bad unless the amount of the Costs is ascertained and ordered by the same Sessions The Sessions cannot refer the Costs to be taxed by their officer after the Sessions. (3 C. L. R., 35.) 1860. [2565] Reg. v. Langley Inhabitants. "Highway Act, 172 2566 HIGHWAYS. 2576 [PAUT II. 1835," 95 When a Parish is indicted for non-repair and by two Surveyors pleads ''Not Guilty,'' it is not competent to one only of such Surveyors to appear in person and retract such plea, the other Surveyor merely pleading by the Clerk of his Solicitor. (8 Cox, C. C., 3G6 : 2 F. & T., 170.) 187G. [2566] Eeg. v. Lee (3). " Highway Act, 1835," 95 Sum- mons fur non-repair of a highway Indict- ment ordered by Justices Found at the trial that the way was only a foot-path and bridle- way, and Indictment amended accordingly, so as to be restricted to the limited obliga- tion, which was not disputed Held that the Judge's Order for Costs to be paid out of the Kates must be quashed, for the prosecution after such amendment was no longer " such prosecution " within 95. (45 L. J.. M. C., 54: L. E., 1 Q. B. D., 198: 34 L. T., 445.) 1886. [2567] Reg. v. Lordsmere(2). Indictment for non-repair of wall abutting on highway Whether a wall belongs to highway or not is a question for a Jury Evidence. (54 L. T., 766: 51 J. P., 86.) 1857. [2568] Reg. v. Manchester, Mayor (1). 16 & 17 Viet., c. 30, 5 The prosecutor of an Indictment against a Corporation for non-repair of a highway, which is removed by Certiorari at his instance, is not required to enter into recognizances to pay the defendant's Costs in case of acquittal, Indictments against Corporations being ex- ceptcd from this Act. (2 power to award Costs under the above Section. (2 Mood. & E., 307.) 1843. [2573] Reg. v. Pembridge Inhabitants. " Highway Act, 1835," 98 Where a Certificate has been granted that the defence to an Indictment removed by Certiorari into the Queen's Bench is frivolous and Costs have been awarded against the defendants the payment thereof may be enforced by attachment for contempt 6 Geo. IV., c. 50, 34, authorising the Judge before whom the " Cause " is tried to certify for the Costs of a Special Jury, applies to criminal cases. (12 L. J., Q. B., 47 : 3 G. & D., 5 and 503 : 3 Q. B., 901.) 1887. [2574] Rrg. v. Poole, Mayor. "Public Health Act, 1875," 144 Form of Indictment An Uiban Sanitary Authority is not liable for non-repair of a highway in the same sense in which 11 Parish or persons liable ratione itnurx are liable Quxre, whether an Indict- ment would lie if the preliminary steps before Justices required by the " Highway Act, 1835," 20, were taken. (56 L. J., M. C., 131 : L. E., 19 Q. B. D., 602 : 57 L. T., 485 : 52 J. P., 84.) 1839, [2575] Reg. v. Preston Inhabitants (2). " Highway Act, 1835," 98 Indictment preferred at Quarter Sessions but removed by Certiorari The Queen's Bench has power to award to the prosecutor Costs incurred previously to the removal of the Indictment if the defence has been in the opinion of the Judge frivolous or vexatious. (7 Dcwl., P. C., 593.) [An ap- plication for Costs had been refused by the Judge who tried the case at Assizes, on the ground of want of authority to grant them. See S. C. at Nisi Prius, 2 Mood. & E., 1:57.] 1854. [2576] Reg. v. St. Mary, Lambeth, Highway Surveyor. "Highway Act, 1835," 95 Indictment for non-repair tried at Michaelmas Sessions and Costs of the prosecution allowed No amount specified and nothing done on the Order till March following when the Costs were taxed Held that the Order could not be enforced as the Sessions which tried the case alone had power to award Costs, and that Sessions had been superseded by the intervening Epiphany Sessions before the taxation. (24 L. T., (o. s.), 145.) SECT. 7.] 2577 REPAIR OF HIGHWAYS. 2587 173 1854. [2577] Ren. v. Sandon Inhabitants. "Highway Act, 1835," 95 An Indictment for non-repair preferred at the Assizes by an Order of Justices, whereon a true Bill has been found, may be removed by Certiorari. (23 L. J., M. C., 129 : 3 E. & B., 547 : 2 C. L. R., 1699 : 23 L. T., (0. s.), 64.) 1858. [-2578] Reg. v. Stainhall Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair Plea "Guilty" Practice as to pleading by inhabitants On the suggestion of Pollock, C.B., two of the inhabitants present pleaded to the Indictment, and 3 gentlemen entered into a bond to seo the road repaired Xo costs were ordered. (I F. & F., 363.) [See Judgment in Reg. v. Haslemere.] 1843. [2579] Reg. v. Stevcnton Inhabitants. An Indictment stated a highway for carriages " leading from the town of A. in the county of B. towards and unto the village of E. in the same county" a part of which was out of repair The part charged to be out of repair was a part of F. lane It was proved that to go from A. to E. in a carriage a person must first go 4 miles along the C. turnpike road, tlieii all along F. lane, and then cross the W. Turnpike road and for a short distance go along a road running from the "W. Turnpike road to E. Held that the road was not mis- described A road is not the less a highway because part of it is Turnpike. (1 C. & K., 55.) 1890. [2580] Reg. v. Stockport Pariah. Indictment for non- repair Application for new trial Question whether since 53 & 54 Viet., c. 44, such appli- cation ought not to have been made to the Court of Appeal instead of to a Divisional Court Held that the new Act referred to does not apply to Crown Cases, the practice as to which remains unaltered. (Times, Oct. 28, 1890.) 1852. [2581] lien. v. Surrey JJ. (1). " Highway Act, 1835," 95 Highway out of repair Surveyor summoned before Justices Liability denied Order by Justices that Parish should be indicted Indictment preferred but trial adjourned Plea, that a private person was liable Ratione tenurx Verdict for the Parish The lands were owned by one of the Justices who l.ad signed the Order to indict : there was no evidence of collusion between him and the prosecutor The Quarter Sessions having refused to allow the Costs out of the Highway Rate on the ground that the Order was void, because one of the Justices making it was interested, Mandamus granted to compel the allowance of C;sts The Order to indict was valid : The Quarter Sessions had jurisdiction to order Costs though the trial had been adjourned : and had no discretion to refuse Costs. (21 L. J., M. C., 195 : 1 B. C. C., 70 : 19 L. T., (o. s.), 171.) 1850. [2582] Reg. v. Turneston Inhabitants. Indictment for non-repair alleging an immemorial highway, and that it was out of repair The first allegation not proved as regards immemori- ality Held that the averment might be neglected as surplusage, and that proof having been given that ti.e road was a high- way and out of repair the verdict of " Guilty " should be allowed to stand It is not material to the liability of a Parish to show how a road became a highway provided that it is such The way from T. to E. referred to in the Indictment led from T. into a Turnpike road ; then lay for a short distance along that road; then branched off to E. This was the direct way from T. to E. Held that the way was properly described as from T. to E. (20 L. J., M. C., 46 : 16 Q. B., 109 : 4 Cox, C. C., 349.) 1847. [2583] Reg. v. Vpton St. Leonard's Inhabitants. Indict- ment for non-repair of a highway preferred at the Assizes Bill thrown out by Grand Jury Two Jurymen, landowners in the parish, and taking part in opposing the finding of the Indictment On proof of these facts the Court granted a criminal Informa- tion against the Parish for the alleged non- repair. (16 L. J., M. C., 84 : 10 Q. B., 827 : 2 New Sess. Gas., 582.) 1846. [2584] Reg. v. Vowchurch Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair Plea, "Guilty." (2 C. & K., 393.) [See Judgment in Reg. v. Haslemere.'] 1840. [2585] Reg. v. Walton Inhabitants. Indictment for non- repair Verdict " Guilty " Affidavit that little progress had been made with the re- pairs The Court refused a Rule absolute for a fine, but enlarged the Rule nisi on the ground that it was not reasonable to expect repairs to be executed with speed in the winter. (4 Jur., 195.) 1847. [2586] Reg. v. Watford Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair A Judge's Certifica'e for payment of Coats should state on the face of it out of what funds the Costs are to be paid ; where a Cer- tificate did not do to the Court set it aside Semble, that the Certificate was bad for not specifying the amount The Certificate was made to pay the Costs to G. H. A. [the prosecutor] or his attorney Semble, that it was not bad because G. H. A. was dead when it was made Semble, that it suffices it' it may be gathered by reasonable implication that the road is within the Division for which the Justices were sitting. (4 D. & L., 593 : 1 Saund. & C., 336 : 9 L. T., (o. s.), 59.) 1851. [2587] Reg. v. Waverton Inhabitants. Indictment for non-repair stated that a part of the highway from "W. to M. at a place called A. and ex- tending thence to L. highway was out of repair Evidence that the place mentioned 174 2588 HIGHWAYS. 2600 [PART II. as A. was in fact a place called B. Held, uo material variance, the erroneous description relating to the terminus not of the road but of the dilapidated portion thereof Con- sideration of the circumstances under which the allegations of one count will be deemed sufficiently averred by reference in other counts. (21 L. J., M/C., 7 : 17 Q. B., 562 : 2 Den., C. 0., 340 : 18 L. T., (o. s.) 136.) 1839. [2588] Reg. v. Yarkhill Inhabitants. " Highway Act, 1835," 95 Indictment for non-repair pre- ferred by Order of Justices Verdict " Guilty " Prosecutor held entitled to his Costs out of the Highway Kate The words of the Act are imperative, and leave no discretion to the Judge. (9 C. & P., 218.) 1834. [2589] Hex v. Bishop Auckland Inhabitants. An Indict- ment charged that the Inhabitants of Bond- gate in A., Newgate in A., and the Borough of A., in the parish of St. Andrew A., were immemorially liable to repair a highway in the town of Bishop A., in the Parish of St. Andrew A., and no consideration was laid Indictment held bad, in arrest of Judgment, as not showing that the highway was within the District of defendants Held to be no objection that the inhabitants of the 3 Townships were charged conjointly. (1 A. & E., 744.) 180!). [2590} Hex v. Bridekirk Inhabitants. Indictment for non repair Plea that the Parish had imme- morially been divided into 7 Townships each liable for the highways within it, and that pavt of the highway indicted was within A. Township and part within B., and that the respective parts ought to be repaired accord- ingly Plea held bad because it did not specify which parts of the highway in ques- tion lay within the two Townships respec- tively. (11 East, 304.) 1793. [2591] Hex v. Chadderton Inhabitants. " Highway Act, 1773," 65 [Repealed] Any application for Costs under this Section on the trial of an Indictment for non-repair must be made to the Judge who tries the case, as the Statute only gives power to the Court " before whom the ludictment is tried." (5 T. R., 272.) 1794. [2592] Hex v. Clifton Inhabitants. If part of a Parish be in one County and part in another, and a highway in one part be out of repair, an Indictment against the inhabitants of that part only is bad The Indictment must be against the whole Parish. (5 T. It., 498.) 1698. [2593] Ilex v. Dixon. An Indictment for non-repair must always be against the Parish An In- dictment against Overseers, quashed Over- seers are not bound to repair roads, but only to give notice to the Parish, to repair. (12 Mod., 198.) 1835. [2594] Hex v. Dowmhire (Marchioness of). Where in an Indictment for non-repair, the part out of repair was described as running from a cer- tain Turnpike road "towards and unto the Parish Church" and the way proved was from the road to a Churchyard gate from which there was a public way inside the yard into a new way running at an acute angle to the Church, it was held that the way was well described. (5 L. J., K. B., 50 : 4 A. & E., 232 : 5 N. & M., 6G2.) 1810. [2595] Rex v. Eardisland. Indictment for non-repair against a Parish comprising 3 Townships, A., B., & C. Plea on the part of C. that each Township has immemorially repaired its own highways separately The Records of In- dictment against the Parish generally for neglect to repair highways in A. and B. with general pleas of "Not Guilty," and convic- tions thereupon are primd facie evidence to disprove the custom for each Township to repair separately; but evidence will be ad- mitted that these pleas were pleaded by inhabitants of A. and B. without the privity of the inhabitants of C. (2 Camp., 494.) 1836. [2596] RKX v. Eastinyton Inhabitant?. Indictment for non-repair- A Parish which pleads that it is not liable must by its plea also show who is liable Plea that there was a township in a Parish liable by immemorial custom to re- pair the roads which, but for that custom, would be repairable by Parish No averment that the road in question was one which but for the custom, the Parish would be liable to repair Jury found Custom Verdict for defendants But plea held bad in arrest of Judgment. (6 L. J., M. C., 17: 1 N. & P., 193 : 5 A. & E., 565 : 2 H. & W., 373.) 1818. [2597] Rex v. Ecclesfield Inhabitants. Indictment for non-repair Plea that a particular District within the parish had immemorially repaired all highways within that district, of which the highway named in the Indictment was one Plea held good, notwithstanding that it did not state any consideration for the liability of the inhabitants of the district Rex v. St. Giles, Cambridge, distinguished ; "There cannot be a custom in one place to do something in another." (1 B. & Aid., 348.) 1790. [2598] Rex v. Gamlingaij Inhabitants. An Indictment against Pariuh B. for non-repair of a road from A. to B. is exclusive of B., and therefore bad It is not aided by a subsequent allega- tion that a certain part of the same highway situated in B. is in decay. (3 T. R., 513 : 1 Leach, C. C., 528.) 1810. [2599] Rex v. Great Canfield. An Indictment for non- repair must distinctly state the precise ter- mini of the road The road must be direct. (6 Esp., 136.) 1779. [2600] Rex v. Hartford Inhabitants. In an Indictment for non-repair it must be alleged that the SECT. 7.] 2601 REPAIR OF HIGHWAY?*. 2614 175 highway out of repair lies in the Parish in- dicted. (2 Cowp., 111.) 1696. [2601] Bex v. Ireton Inhabitants. Upon an Indictment against a Parish for not repairing a highway the defendants can give nothing in evidence upon a plea of "Not Guilty," but that the way is in repair; but if the Indictment be against a particular person he may give evidence that others ought to repair it. (Comberbach, 396.) 1792. [2602] Sex v. Kcttleicorth. 5 & 6 Will. & M., c. 11, 3 A Justice who indicts a road for being out of repair (the Indictment bring afterwards removed by Certiorari) is entitled to Costs if the defendant be convicted. (5 T. R., 33.) 1827. [2603] Rex v. Knight. Indictment for obstruction Indictment charged defendants with remov- ing a culvert in Parish S., opposite to a mill, in a highway leading from S. to H. Held that it sufficiently appeared from this that the locus in quo of the culvert was in S. The word " from " as applied to a Parish in the description of a road is not of necessity exclusive. (6 L. J., (o. s.), M. C., 19 : 7 B. &0., 413: 1M. & R., 217.) 1810. [2604] Rex v. Lancashire JJ. "Highway Act, 1773," 47 [Repealed] Indictment for non-repair Parish found " Guilty'' Delay of 8 years in an application on behalf of 2 inhabitants on whom a fine had been levied for a Man- / 1" iii us to Justices to cause a Rate to be made to re-irnburse such inhabitants Appli- cation refused It ought to have been made within a reasonable time before any material change in the inhabitants Various applica- tions to Justices to make a Rate did not avoid the laches. (12 East, 366.) 1816. [2605] Ilex v. Liiicviubt'. An Indictment for non-repair will not be quashed on an affidavit that the way is now in repair, but the defendant must pit ad " Guilty " and pay a nominal fine. (2 Chit., 214.) 1802. [2606] Ilex v. Liverpool, Mayor. Indictment for non- repair of a highway within a certain District, alleging prescriptive liability to repair all highways within such District except such as were repairable under certain Statutes, held bad because it did not aver that the highway in question was not within any of the exceptions A count stating the liability of defendants to arise by virtue of an agree- ment with the owners of houses alongside the highway is bad, for the Parish, which is primd facie bound to repair all highways within its limits, cannot be discharged from such liability by any agreement with others. (3 East, 86.)" 1806. [2607] Rex v. Loughton Inhabitants. In order to be discharged from an Indictment for non- repair of a highway, parties convicted must produce an affidavit that the highway has been put in good repair since the conviction, and is likely to continue so. (3 Smith, 575.) 1815. [2608] Rex v. Mann. After a verdict of " Not Guilty " on the merits in an Indictment for a mis- demeanour (e.g., a nuisance to a highway) no New Trial will be granted. (4 Maule & S., 337.) 1804. [2609] Ilex v. New Windsor Inhabitants. On a Rule to show cause why a presentment for non-repair should not be discharged, being discharged with Costs, and the Costs not being paid, the Court granted an attachment against the persons who lad made the affidavits on which the Rule had been granted. (1 Smith, 168.) 1794. [2610] Rex v. Old Malton Inhabitants. Indictment for non-repair Fine Fine expended and way still out of repuir The Court doubted their power to inflict a further punishment or fine on the same Indictment, but intimated that there might be a new Indictment and a new line thereon. (4 B. and Aid., 470, n.) 1816. [2611] Ilex v. St. Giles, Cambridge, Inhabitants. Indict- ment for non-repair Plea that another Parish has repaired and ought to repair Plea held bad; it ought to have shown a consideration, for such an obligation could only arise upon a durable consideration. (5 Maule & S., 260.) 1817. [2612] Rex v. St. John's, Margate, Inhabitants. Indict- ment for non-repair removed by the prosecu- tor If the Judge at Nisi Prius certify that the defence was frivolous the prosecutor will have his Costs notwithstanding that the defendants have obtained a Rule Nisi to arrest the Judgment. (6 Maule & S , 130.) 1794. [2613] Rex v. St. Pancras Inhabitants. An Indictment against a Parish for non-repair of one side of a road in a case where the other side lies in another Parish ought to state that each Parish is liable ad medium filum vix, and not that a certain part so many feet wide is out of repair A Record of Conviction on an Indictment against a Parish for non-repair is conclusive evidence of the liability of that Parish, to as to exonerate another Parish indicted for not repairing the same road. (1 Peake, N. P., 219.) 1833. [2614] Rex v. St. Weonard's Inhabitants. (1). Indictment for non-repair A road had been repaired by a Parish, and persons on horseback had used it, but there Avas no evidence that any car- riage had ever gone along the whole length of it Held that the Parish could not be convicted of non-repair on an Indictment alleging a way for carriages ; there should have been a count charging it to be a way for horses. (5 C. & P., 579.) 176 2615 HIGHWAYS. 2626 [PART II. 1834. [2615] Rex v. St. Weonard's Inhabitants. (2). Indictment for non-repair of a pack-and-prime way If it be proved that the way is a carriage-way, then the Indictment contains a misdescrip- tion which entitles the defendants to an acquittal In an Indictment for non-repair it is not necessary to state the termini but if they are stated they must be proved. (6 C. & P., 582.) 1818. [2616] Rex v. Southampton, County of, Inhabitants. In- dictment for non -repair of a bridge The Court is reluctant to stay Judgment on such an Indictment, and will not stay it generally but only till further order It' the trial of another Indictment against some third party is not proceeded with at once Judgment will bo given on the original verdict. (2 Chit., 215.) 1833. [2617] Ilex v. Sutton (1). Indictment for non-rep iir Ver- dict " Not Guilty " Motion for New Trial on the ground of misdirection and improper rejection of evidence New Trial refused, but Judgment suspended in order that a new Indictment might be preferred. (5 B. & Ad., 52 ; 2 N. & M., 57.) 1815. [2618] Rex v. Taunton St. Mary Inhabitants. Several persons held entitled to Costs under 5 & 6 Will. & M., c. 11, 3, as prosecutors of an Indictment (removed by Certiorari) for not repairing a highway ; one as Constable of the Manor, the others as parties grieved, they having used the way for many years going from their homes to a market-town, and being eventually obliged to use a more circuitous route by reason of the direct highway being out of repair Upon an In- dictment against a Parish for non-repair of a highway the right to repair may come in question so as to entitle the Parish to remove it by Certiorari, though the parish plead only " Not Guilty." (3 Maule & S., 465.) 1802. [2619] Rex v. Upper Papworth Inhabitants. " Turnpike Act, 1773," 33 [Repealed] The Court of King's Bench may apportion a fine for non- repair of a highway between a Parish and a Turnpike Trust, even though the Indictment has been removed by Certiurari from Assizes. (2 East, 413.) 1833. [2620] Rex v. Upton-on-Severn Inhabitants. An Indict- ment for non-repair must state affirmatively that the road is within the District boun'l to repair it Stating a road to be "from and through " a place excludes the terminus a quo. (6 C. & P., 133.) 1817. [2621] Rex v. Wandsworth Inhabitants. Indictment for non-repair Defendants acquitted In such a case the Court will not grant a New Trial Yet under very special circumstances the entry of the Judgment will be suspended to enable the question to be reconsidered on a new Indictment without the prejudice of the former Judgment The carrying of gravel over a road for the repair of admitted high- ways is primd facie evidence of the road traversed being itself a highway. (1 B. & Aid., 63.) 1821. [2622] Rexv. Yorkshire W. R. Inhabitants (5). Indictment for non-repair Pica by inhabitants of a County that a particular Township has im- memorially repaired the highway at the end of a County bridge situate svithiu the Town- ship Plea held good In the case of a bridge it is not necessary to state any consi- deration for the prescription Rex v. St. Giles, Cambridge, distinguished. (4 B. & Aid., 623.) 1861. [2623] Townsend v. Read. "High way Act, 1835," 111 Defence of an Indictment Held that when the expenses had been agreed to by the Vestry, allowance by 2 Justices was not. necessary "And" before/' allowed " in llm early part of the Section should be read " or." (30 L. J., M . C., 223 and 245 : 10 C. B., (N. s.), 308 and 317 : 5 L. T., 180.) 1879. [2624] Worthing L. B. v. Lancing Surveyor. "High- way Act, 1835," 94-5 Part of road en- tirely washed away by sea Mandamus to Justices to hear the case or direct an Indict- ment refused, the facts showing that the road at the locus in quo had absolutely ceased to exist, and therefore the Sections of statute cited not applicable. (Times, Dec. 9, 1879.) [This case has not been followed in more recent cases, e. g. Reg. v. Halliday.~\ (5.) LIABILITY FOB NON-REPAIR. 1867. [2625] Reg. v. Greenhow Inhabitants. Indictment for non-repair Eoad carried away by landslip, but the line of it still discoverable Held that there was no buch total destruction or' the road as would extinguish the liability to repair which ordinarily attaches to a parish Reg. v. Hornsea distinguished. (45 L. J., M. C., 141 : L. R., 1 Q. B. D., 703 : 35 L. T., 363.) 1854. [2626] Reg. v. Hornsea Inhabitants. A public high ay had run down a hill to the sea-shore ; by tin; encroachment of the sea the sea end of th way Imd been destroyed and the way ended abruptly at the edge -of a cliff 20 ft.' high The surface of the road was in good repair down to the point of destruction Held that ns the substance of the road had disap- peared there was nothing for the Parish to repair, and it was not bound to form a new communication with the shore The obliga- tion on a Parish in such cases is to make good something which exists. (23 L. J., M. C., 59 : 2 C. L. R., 596 : Dears & P., C. C., 291 : 6 Cox, C. C., 299 : 22 L. T., (o. s.), 337.) SECT. 8.] 2627 MISCELLANEOUS. 2641a 177 1864. [2627] lleg. v. Eathmines Commissioners. A trackway along a canal held a public highway repair- able by the Commissioners though vested in a Canal Company and tolls levied by them in respect thereof. (16 Ir. C. L. E., 532: 11 L. T., 281.) 1888. [2628] Reg. v. WaJiefield, Mayor. "High ways Act, 1878," An Indictment for non-repair will lie against an Urban Authority. (57 L. J., M. C., 52 : L. B., 20 Q. B. D., 810 : 52 J. P., 422.) 1830. [2629] Hex v. Mellor. Koad formed as a public high- way and continuing such during the con- tinuance of the Local Act under which it was formed Held that when the Act expired the road ceased to be a public highway and that the duty of repairing it did not fall on ihe Parish by Common Law. 8 L. J., (o. s.), M. C., 109 : 1 B. & Ad., 32.) 1829. [2630] Jtex v. Paddington Vestry. Local Act providing that previous to the adoption of a new road it must be certified by Surveyors appointed by the owner and the Vestry respectively Koad duly formed and used by Public, but frontage only partly occupied by new houses Mandamus to Vestry to appoint a Surveyor to certify, refused, as the road would for some time to come be chiefly a benefit to the owner only. (8 L. J., (o. s.), M. C., 4 : 9 B. & C., 456.) 1805. [2631] 7?- -x v. Skinner. If a person removes an encroach- ment on a highway and repairs once the part of the highway injured by the encroachment and then leaves it to the Parish to repair in future he shall not afterwards be liable But if he being the adjacent owner has for any length of time repaired the highway which was encroached upon, it will be evi- dence of his liability to repair unless he can give positive evidence of encroachment and so rebut the presumption. (5 Esp., 219.) 8. MISCELLANEOUS HIGHWAY CASES. 1885. [2632] Ansterberry v. Oldham Corporation. A road in- tended to be "open to the public" subject to a toll, is not "dedicated," and does not become a " highway " under the " Public Health Act, 1875," 150. (55 L. J., Ch., 033 : L. E., 29 Ch. D., 750 : 53 L. T., 543 : 49 J. P., 532.) 1889. [2633] JSooth v. Howell. Salvation Army Municipal By-Law against noisy instruments being used in street Concertina held such By- Law held not invalid, and conviction affirmed. (53 J. P., 678 : 5 Times L. E., 449.) 1865. [2634] Broughton L. B. H., In re. Highway Eate levied in part of a district when no public works of paving, &c., had been established ("Local Government Act. 1858," 37, subs. 3) in the whole district Eate quashed. (12 L. T., 310 : 29 J. P., 324.) 1884. [2635] Dyson v. Greetland L. B. " Public Health Act, 1875," 144, impliedly repeals "Highway Act, 1835," 29, and therefore consent of Inhabitants not necessary before an Urban Authority can levy a Highway Eate ex- ceeding 2s. Gd. (53 L. J., M. C., 106: 48 J. P., 596 : *48 L. T., 636.) 1870. [2636] Hirst v. Halifax L. B. H. " Public Health Act, 1848," 69 : Local Acts Paving expenses Construction. (40 L. J., M. C., 169 : L. E., 6 Q. B., 181.) 1890. [2637] Lee v. Nixey. Footway blocked at an illegal hour by a slide for unloading casks A foot- passenger attempting to pass met with an accident Held that he was entitled to re- cover damages. (63 L. T., 285 : 54 J. P., 807.) 1878. [2638] Nutter v. Accrington L. B. " Public Health Act, 1848," 144 : " Local Government Act, 1858," 41 [repealed] Footway belonging to a Turnpike road raised by Local Board and in- jury inflicted on plaintiff Held that damage done by a Local Board in repairing a Turn- pike road which was also a " Street " can be compensated for by arbitration under the " Public Health Act, 1848." (48 L. J., Q. B. 710 : 487 : L. E., 4 Q. B. D., 375 : 43 L. T., 43 J. P., 635.) 1882. [2639] Oxenhope L. B. v. Bradford, Mayor. "Public Health Act, 1875," 206300 yds. of stone kerbing held not to be "Public works of Paving" so as to render a Highway Eate invalid. (47 J. P., 21.) 1881. [2640] Eeg. v. Belper L. B. " Public Health Act, 1875," 216 (3) Highway Eate levied in Dis- trict where there existed some stone drains of old date used as sewers, and where some Paving had been done at the cost of the Rates Held that these were public works of sewerage, &c., and therefore Highway Eate invalid. (46 J. P., 166.) 1885. [2641] Saunders v. Brading Harbour Co. Agreement that defendants should make a road across plaintiff's land according to a specification, with a view to road becoming a highway under " Public Health Act, 1875," 150 Eoad made according to the agreement, but found when completed not to comply in all respects with conditions of 150 Held that defendants had fulfilled their contract, and that if road was still defective and plaintiff wished it taken over by Local Board he must himself make good the deficiencies. (52 L. T., 426.) 1874. [2641] St. Mary, Islington, Vestry v. Barrett Paving expenses Insufficient evidence of dedication The expression "New Street" in the N 178 2642 HIGHWAYS. 2654 [PART II. " Metropolis Management Amendment Act, 1882," 112, is not confined to streets dedi- cated to the public, and liability for paving expenses is imposed by the " Metropolis Management Act, 1855," 105. (43 L. J., M. 0., 85 : L. R., 9 Q. B., 278 : 30 L. T., 11 : 38 J. P., 198.) 1879. [2642] Swansea Improvement Co. v. Glamorganshire County Roads Board. " South Wales Turn- pike Act, 1844," 7 & 8 Viet., c. 91 : " Public Health Act, 1848" A road not repairable by inhabitants at large, held not vested in the Urban but in the County Authority Nutter v. Accrington distinguished. (41 L. T., 583 : 43 J. P., 798.) 1881. [2643] Whittnker v. Rhodes. Local Act Draper's goods exposed for sale on ground in front of shop which seemed to belong to footway No right so to expose goods found to exist or to have been reserved when street was dedicated Conviction good although defendant's prede- cessor had so used the footway for 30 years. (46 J. P., 482.) 1862. [2644] Willes v. Wallington. "Public Health Act, 1848," 61 [Repealed] Local Acts Ques- tion as to whether on the facts, a certain street was or was not a "highway." (32 L. J., C. P., 86 : 13 C. R., (N. s.), 865 : [Wal- lington v. Wliite']* 4 L. T., 399.) 1892. [2645] Wimbledon L. B. v. Underwood. " Public Health Act, 1875," 256, 261 : " Bills of Sale Act, 1882," 14 Held that the last-named Sec- tion does not apply where proceedings for the recovery of a Rate have been taken in a County Court instead of by Warrant of Distress, so that in such case the holder of the Bill of Sale does not lose the protection of his Bill of Sale, the execution under a County Court judgment for unpaid Rates not being a "distress under a warrant for the recovery ... of Rates " within the said 14. (65 L. T., 55.) 9. BRIDGES. (1.) DEFINITIONS OF. 1857. [2646] Beaver v. Mancliester, Mayor. A bridge may be so situated as to be a " street " within the meaning of a Statute. (26 L. J., Q. B., 311 : 8 E. & B., 44 : 29 L. T., (o. s.), 226.) 1872. [2647] North London Raihvay Co. v. St. Mary's, Islington, Vestry. A bridge may be a " street" within the " Metropolis Management Act, 1855," 109, though it crosses a Railway, and though before its erection a footway alone existed Railway bridge held to have been dedicated as a highway, and Company liable to a Paving Rate. (Metropolis.) (27 L. T., 672 : 37 J. P., 341 : 21 W. R., 226.) % 1870. [2648] Reg. v. Chart Inhabitants. " Highway Act, 1835," 5 A " Hundred bridge " is to be deemed a " County bridge " and therefore is not a " highway " under the Act, repairable by the Parish, and the hundred is not relieved by the Act from liability to repair. (39 L. J., M. C., 107 : L. R., 1 C. C. R., 237 : 11 Cox, C. C., 502: 22 L. T., 416.) 1841. [2649] Reg. v. Derbyshire Inhabitants. Structure, 1275 yards long, consisting of a bridge proper over a river and a causeway with numerous arches, under some of which another stream was always running and under most of which there was usually some water, and which as a whole had always been repaired by the County, held properly described as a "bridge" and repairable by the County It is not essential to a " bridge " in the legal sense that it should be a structure under all the arches of which water flows at all times. (11 L. J., M. C., 51 : 2 Q. R., 745 : 2 G. & D., 97.) 1852. [2650] Reg.v. Southampton County. (1). Bridges in the Isle of Wight Local Act providing for the repair of bridges out of a Rate analogous to a County Rate A foot-bridge formed of 3 planks about 9 ft. long with a handrail, and carrying a public footpath over a stream held not a " bridge " repairable by the County. (21 L. J., M. C., 201 : 18 Q. B., 841 : 19 L. T., (o. s.), 245.) 1886. [2651] Reg. v. Southampton County. (2). Bridge built to open a communication with an existing high- way held not a county bridge the County not having acquiesced, although both bridge and road approaching it were duly dedicated to the public. (55 L. J., M. C., 158 : L. R., 17 Q. B. D., 424 : 55 L. T., 322 : 50 J. P., 773.) 1887. [2652] Reg. v. Southampton County. (3). To render a County liable to repair a new bridge it is not sufficient to show utility and user; on the other hand proof of overt acquiescence or formal dedication is not indispensable, and the County may be liable without these Ques- tions of this kind are for a Jury Reg. v. Southampton (2) dissented from, in part. (56 L. J., M. C., 112 : L. R., 19 Q. B. D., 590: 57 L. T., 261.) 1832. [2653] Rex v. Derby, County of. 43 Geo. III., c. 59, 5 Turn [ike Trustees are " individuals or private persons" within the meaning of this Section Therefore a bridge erected by such Trustees after the passing of the Act, but not under the direction or to the satisfaction of the County Surveyor is not a bridge which the County becomes liable to repair. (1 L. J., M. C., 15 : 3 B. & Ad., 117.) 1830. [2654] Rex v. Oxfordshire Inhabitant*. (3). The County is only bound by Common Law to repair bridges erected over water which answers the descrip- tion of flumen vel cursus aquse, i.e., water SECT. 9.] 2655 BRIDGES. 2665 179 flowing in a channel between banks more or less defined, although occasionally such channel may be dry Causeway with several arclies passing between meadows which were occasionally flooded and reaching more than 300 ft. from end of main bridge, held not repairable by the County, so far as regarded the portion lying beyond the 300-ft. limit. (8 L. J., (o. s.), K. B., 354 : 8 B. & Ad., 289.) 1835. [2655] Sex v. Whitney. On an Indictment for non-repair a plea of " Guilty " to a former Indictment agrainst the same Parish for non-repair of the tame high way is conclusive evidence that the way is public Evidence that a Parish did not put guard fences at the side of a road is not receivable on an Indictment which charges that the King's subjects could not pass as "they were wont to do," if no such fences existed before A structure is not necessarily a " bridge " because it is super flumen sen cursum aqua Though there cannot be a County bridge where there is no cursus aqux, yet it is a question for a Jury in each case whether an arch over a cursus aqux is such a bridge or not It is not to be inferred from the absence of parapets that the bridge is not a County bridge. (4 L. J., M. C., 86 : 3 A. & E., 69; 4 N. & M., 594: S. C. at Nisi Prius, 7 C. & P., 208.) 1865. [2656] Ward v. Gray. A "floating bridge" drawn by chains is, in spite of its name, a " ferry- boat," and not a " bridge " in such a sense as to bring it within the "Mutiny Act, 1864," 72. (34 L. J., M. C., 146 : 6 B. & S., 345 : 12 L. T., 305.) (2.) APPROACHES TO. 1838. [2657] lieg. v. Lincoln, Mayor. A party liable by pre- scription to repair a bridge is also primd facie liable to repair 300 ft. of highway at each end Such presumption is not rebutted by proof that the party has been known only to repair the fabric of the bridge, and that the only repairs known to have been done to the highway have been performed by Turnpike Commissioners. (7 L. J., Q. B., 161 : 8 A. & E., 65 : 3 N. & P., 273 : 1 W. W. & H., 260.) 1864. [2658] Reg. v. Middle Level Commissioners. Bridge erected by Commissioners under a Local Act and also part, of the approaches washed away Commissioners required by a sub- sequent Act to rebuild the bridge Held that their obligation was limited to rebuilding the bridge, and as no provision was made for restoring the necessary approaches, Judg- ment was given for the defendants, the Court having no power to supply a casus omissus in the Act. (10 L. T., 375.) 1811. [2659] Rex v. Devon, County of, Inhabitants. (1). 22 Hen. VIII., c. 5 Part of road repairable by Dor- setshire by reason of being within 300 ft. of a county bridge Within these limits on the Devonshire side a stream crossed the road with a ford at the point of intersection Sub- sidiary bridge constructed to take the place of the ford Held that though this subsidiary bridge was less than 300 ft. from the Dorset- shire bridge it must be repaired by Devon- shire, within which it lay, otherwise a new burden would be thrown on Dorsetshire. (14 East, 477.) 1813. [2660] Yorkshire, W. R. v. Rex [In Error]. By the Common Law as declared by 22 Hon. VIII., c. 5, and subsequent Bridge Acts, where the County is liable to repair a bridge it must also repair the highway at each end thereof to the extent of 300 ft. If indicted for non- repair the County can only exonerate itself by showing that some one else is liable by pre- scription or tenure. (2 Dow., 1 : 5 Taunt., 284.) (3.) LIABILITY TO REPAIR, 1842. [ 2 . 66 !1 Baker v. Greenhill. At Common Law the liability to repair bridges Ratione tenures is thrown ultimately on the owner of the land, though so far as the Public are concerned the occu- pier may be primarily liable A covenant in a lease to pay " all taxes and deductions Parliamentary and Parochial imposed on the premises or on the lessor in respect thereof" held not to include payments made for such repairs, and lessee held entitled to recover from lessor the charge imposed upon him in consequence of the lessor's default in repair- ing. (11 L. J., Q. B., 161 : 3 Q. B., 148 : 2 G. & D., 435.) 1836. [2662] Dimes v. Arden. Where a Lord of a Manor repairs a bridge which is repairable Ratione tenure he may recover contribution fiom a person who holds lands which were parcel of the demesnes at any time whilst the Manor was so charged ; and in proportion to the value of the lands so held Unless there is evidence that the demesne lands were severed from the Manor before the liability in respect of the Manor arose. (5L. J., Q. B., 158 : 6 N. & M., 494.) 1626. [2663] Huntingdon, County of, Case. If no man by reason of tenure or otherwise ought to repair a bridge the County ought to do it. (Pop., 192.) 1889. [2664] Lancashire & Yorkshire Railway Co. v. Bury, Mayor. " Railways Clauses Act, 1845," 4(3 An obligation to make and maintain a bridge includes the duty to maintain the metalling of the roadway over the bridge. (59 L. J., Q. B., 85 : L. R., 14 App. Cas., 417 : 61 L. T., 417 : 54 J. P., 197. 1879. [2665] Metropolitan B. W. v. South Eastern Railway Co. "Metropolis Bridges Act, 1877," 40 & 41 Viet. c. 99 Bridge freed of tolls by pecu- niary compensation, Company to retain > u 180 2666 HIGHWAYS. 2678 [PART It. ownership and to repair Mandamus to repair granted. (Times, Nov. 11, 1879.) 1884. [2666] North Brierly L. B. v. Lancashire & TorJcshire Rail- way Co. " Hallways Clauses Act, 1845," 46 ; Special Acts Company held under the cir- cumstances not liable to repair roadway over bridge. (Times, Oct. 27, 1884.) 1843. [2667] Beg. v. Adderbury, East, Inhabitants. Indictment for non-repair of an ancient bridge situated partly in Township A. and partly in Town- ehip B. Allegation that the former part was out of repair and that Township A. was liable by prescription Evidence that so much of the centre arch as was in A. had within living memory been widened by 6 ft. Held that the Indictment against A. was suffi- cient and that there was no variance between it and the evidence, as at all events the Town- ^ ship remained liable for the ancient portion Qusere, whether the widening was anything more than a mode of repair, so that the pre- scriptive liability extended over the added part ? (13 L. J., M. C., 9 : 5 Q. B., 187 : 1 Dav. & Mer., 324.) 1855. [2668] Beg. v. Bedfordshire Inhabitants. Indictment for non-repair of a bridge Plea that A. was liable, Batione tenurai Hearsay evidence or evidence of reputation is admissible in ques- tions relating to matters of public and general interest notwithstanding that private matters might be involved ; therefore evidence of reputation that A. was liable was admissible. (24 L. J., Q. B., 81 ; 4 E. & B., 535 ; 3 C. L. K., 442 ; 24 L. T., (o. s.), 268.) 1850. [2669] Beg. v. Brecknock Inhabitants. Indictment for non-repair of half of a County bridge Trans- fer of a District on one side of a stream from one County to another specially for Parlia- mentary purposes held to involve the transfer of the liability to repair half of a bridge therein situated In the absence of words in the Act determining the boundary, the ordinary rule of medium filium aqute held to apply. (19 L. J., M. C., 203: 15 Q. B., 813 at p. 817 : 4 New Sess. Gas., 272.) 1878. [267(1] Beg. v. Buckinghamshire Inhabitants. Couuty bridge lengthened by Turnpike Trustees on account of Floods No authority for this The Trustees repaired the extension whilst individuals repaired the older part, Batione tenure Held that on the expiration of the Trust tue repairs of the addition devolved on the County, under 33 & 34 Viet. c. 73, 12. (43 J. P., 175.) 1704. [2671] Beg. v. BucMugh (Duchess of). If a manor be held by the service or tenure of repairing a common bridge or highway and the Manor be divided, the tenant of any parcel either of the demesnes or services is liable to the whole charge but may recover contribution An agreement by the Lord to discharge the pur- chasers would only bind him and those who claim under him; and will not affect the remedy of the Public Though the Manor comes into the hands of the Crown yet the duty continues as against every person claim- ing under the Crown. (1 Salk., 358.) 1702. [2672] Beg. v. Buclmall, A man cannot be charged with the repairs of a bridge merely because he is Lord of a particular Manor There must be proof of liability by prescription ; or Batione tenurse If a man liable Batione tenuras alienes any part of the land the alienee is liable to contribute whenever the bridge is out of repair, and the Information or Indictment may be against one liable to contribute. (2 Ld. Kaym., 792 : 7 Mod., 55.) 1881. [2673] Beg. v. Dorset Inhabitants. Toll Bridge built within Municipal Borough On expiration of Turnpike Trust held that, under 33 & 34 Viet., c. 73, 12, the County became liable to re- pair the bridge, unless it could be shown that the Borough was liable by immemorial usage to repair all bridges within its boundaries. (45 L. T., 308.) 1888. [2674] Beg. v. E. & W. India Dock Co. A statutory duty to build bridges over the cuts of a dock com- pany held to mean, bridges adequate for the then existing traffic, not for future heavy and extraordinary traffic. (60 L. T., 232 ; 53 J. P., 277.) 1850. [2675] Beg. v. Ely Inhabitants. The general rule as to bridges built by private persons prior to 43 Geo. III., c. 59, is that if such bridges are used by the public the County is liable to repair them. (19 L. J., M. C., 223 : 15 Q. B., 827: 4 New Sess. Gas., 222: 15 L. T., (o. s.), 412.) 1842. [2676] Beg. v. Gloucestershire Inhabitants. 43 Geo. III., c. 59, 5 bridge over a Stream running through a sheet of water dammed up to pro- tect adjacent meadows If a bridge has been erected for the convenience of the Public passing over a stream the County must repair it, even though the bridge might not have been necessary when built. (Car. & Marsh., 506.) 1845. [2677] Beg. v. New Sarum Inhabitants. Borough en- larged under the " Kcform Act, 1832 " and the " Municipal Corporations Act, 1835," by the addition of Parish which contained a County bridge Held that the Borough did not by the enlargement of its boundary be- come liable to repair the bridge The lia- bility remained with the County. (15 L. J., M. C., 15 : 7 Q. B., 941 : 2 New Sess. CDS., 133.) 1704. [2678] Beg. v. Saintiff. An Indictment does not lie for not repairing a bridge unless it be in a high- way " Highway is a general tt-rm fur all public wsiys, as well cait, horse, and footways, SECT. 9.] 2679 BEIDGES. 2693 181 and Indictment lies for any one of these ways if they are common to all the Queen's sub- jects If u way be in decay an Indictmenl must of necessity lie, for an Action on the Case will not lie, without special damage By Common Eight the County are bound to repair public bridges. (6 Mod., 255 : Holt 129 : [Reg. v. Sainthill'] 2 Ld. Kaym., 1174.) 1878. [2679] Keij. v. Somersetshire. 43 Geo. III., c. 59, 5 Bridge in the course of a Turnpike road raised by a Canal Company Eoad disturn- piked Held that the interference with the bridge by the Canal Company did not release the County from its ordinary liability, which accrued on the termination of the Turnpike Trust. (38 L. T., 452 : 42 J. P., 501.) 1876. [2680] Ren. v. South Eastern Eailway Co. (2). Private Act Obligation to maintain and rep.iir a bridge held to include a duty to repair the roadway of the bridge, even though such roadway hail been habitually repaired by the Parish. (32 L. T., 858.) 1838. [2G81] Reg. v. Button. Indictment for non-repair of a bridge Ratione tenure A Eecord dated 20 Ed. III. of a trial whereat a Jury found that there vas no evidence of any person being liable Ratione tenuras, and a subsequent grant of Pontage, both held admissible evi- dence to negative a prescriptive liability in any person, and therefore the liability of the present defendant. (7 L. J., Q. B., 205 : 8 A. & E., 516 : 3 N. & P., 569.) 1815. [2G82] Rex v. Buckingham (Marquis of). A bar across a bridge kept locked except in times of floods is conclusive evidence that the public have only a limited right to use the bridge at such times, and an Indictment for non - repair stating it to be used by the public " at their free will and pleasure " is faulty. (4 Camp., 189.) 1810. [2683] Rex v. Bucks, County of, Inhabitants. A county is bound to repair every public bridge within it unless it can show that some person, or Body Politic or Corporate, is liable Every bridge in a highway is, by 22 Hen. VIII., c. 5, to be deemed a public bridge for this purpose. (12 East, 192.) 1824. [2684] Rex v. Devon Inhabitants. (2). A bridge used only on occasion of floods, and lying out of and alongside the road commonly used, held a public bridge which the County was liable to repair. (Ryan & M., 144.) 1825. [2685] Rex v. Devon County, Inhabitants. (3). Liability on the part of a County to repair a bridge does not carry with it any liability to widen the bridge Rex v. Cumberland, overruled. (4 L. J., (o. s.), K. B., 34 : 7 D. & E., 147 : 4 B. & C. 670.) 1833. [2686] Rex v. Devonshire Inhabitants.(4). 43 Geo. III., c. 59, 5 County bridge partly washed away and rebuilt by the Parish with the old materials, somewhat wider, but in the same line of passage, and placed on the old abutments Held that though the bridge had been rebuilt without the privity of the County Surveyor it was nevertheless not a " new " bridge, and that the County was liable for its repair. (2 L. J., M. C., 74 : 2 N. & M., 212 : 5 B. & Ad., 383.) 1802. [2687] Rex v. Glamorgan County. Bridge erected in a highway across a river by a private individual for his own benefit but used by the public for 40 years Held that the County was bound to repair. (2 East, 356, n.) 1833. [2688] Rex v. Hendon Inhabitants. A Parish may be indicted for non-repair of a bridge, without stating any other ground of liability than im- memorial usage. (2 L. J., M. C., 55 : 4 B. & Ad., 628.) 1811. [2689] Rex v. Kent Inhabitants. (1.) Indictment lor non-repair of a bridge Bridge built by a Navigation Company as a substitute for a ford which they had destroyed by deepening a river Held that the Navigation Company and not the County were liable to repair the bridge. (13 East, 220.) 1814. [2690] Rex v. Kent Inhabitants. (2.) Mill and dam erected on a stream with the result that a public ford through a river was rendered impassable Bridge erected by millowner and used by the public Held that the County and not the millowner must repair it, the public having derived benefit by the substitution of a bridge for a ford. (2 Maule & S., 513.) 1813. [2691] Rex v. Kerrison. (1.) An indictment charging an individual with the repair of a bridge by reason of his being the owner and proprietor of a certain Navigation is not equivalent to charging him Ratione tenurse. (1 Maule & S., 435.) 1815. [2692] Rex v. Kerrigan. (2.) Highway cut by Navigation Commissioners, who thereupon built a bridge over the cut Held that the Navigation, and not the County rnnst keep the bridge in repair, there being no benefit derived by the public from the substitution of the bridge for the highway. (3 Maule & S., 526.) 1831. [2693] Rex v. Lancashire Inhabitants. 43 Geo. III., c. 59, 5 This section only applies to bridges newly built, not to bridges merely widened or repaired since the Act Turnpike Trus- tees having built a bridge where a culvert would have sufficed but a bridge was prefer- able, held that the County could not refuse to repair such bridge on the ground that it was not absolutely necessary. (1 L. J., M. C., 1 : 2 B. & Ad. 813.) 182 2694 HIGHWAYS. 2707 [PABT II. 1811. [2694] Hex v. Lindsey Inhabitants. Highway crossed by a fordable stream Bed of stream deepened by a Canal Company whereby a bridge was rendered requisite which they duly built Company, not the County, lield liable to re- pair the bridge. (14 East, 317.) 1821. [2695] Hex v. Machynlleth andPenegoes Inhabitants. (1). The Quarter Sessions cannot impose more than one fine for non-repair of a bridge A fresh Indictment is requisite if the first fine is inadequate. (4 B. & Aid., 469.) 1823. [2696] Jiex v. Machynlleth and Penegoes. (2). Indictmen! staling that an ancient bridge within two Parishes was out of repair, and that the in- habitants of the Parish and Town aforesaid, from time immemorial, by reason of the tenure of certain lands in the Parish and Town ha<] repaired the bridges Indictment held bad, for it did not appear that the bridge WHS within the Town, and therefore the inhabi- tants of the Tosvn were not liable unless a special consideration were shown, inasmuch as the inhabitants not being incorporated could not hold land, and therefore the Com- mon Law liability did not attach. (2 B. & C., 166 : 3 D. & R., 388.) 1832. [2697] Hex v. Middlesex Inhabitants. Ancient bridge repairable Batione lenurss Separate foot- bridge constructed, about a century before the Indictment, outside the ancient bridge but attached to it Held that the foot-bridge was not part of the ancient bridge, and thai he who was liable to repair the ancient bridge Batione tenure was not liable for the foot- bridge, and therefore that the County musl repair it. (1 L. J., M. C., 16 : 3 B. & Ad. 201.) 1814. [2698] Hex v. Northampton County. A bridge may be a public bridge which is used by the public al all times when it is dangerous to pass through the river In support of a plea of "Nol Guilty " the defendants may give evidence, quantum valeat, of the bridge having been re- paired by private individuals. (2 Maule & S., 262.) 1817. [2699] Hex v. Oswestry Hundred. A Hundred may be charged by prescription with the repair of a bridge ; and this although it appears that by a Statute within legal memory one of the Townships, parcel of the Hundred, was then annexed to it. (6 Maule & S., 361.) 1812. [2700] Hex v. Oxfordshire Inhabitants. (1). Indictment tor non-repair of a bridge Plea, that M. was liable, Batione tenures The plea is not sus- tained by evidence that M.'s estate was part of a larger estate which part he purchased, the rest remaining in the hands of the former owner, who as well before the sale as after had repaired the bridge in question Where in such a case the County was found "Guilty" the Court gave leave to stay the Judgment on payment of Costs, until another Indict- ment was preferred to try the liability. (16 East, 223.) 1825. [2701] Bex v. Oxfordshire. (2). Indictment against a County for non-repair of a bridge erected by Turnpike Trustees in a road where there had not previously been a bridge Held that the County was liable, the bridge having been built for public purposes in a public highway, and this notwithstanding tlwt the Trustees possessed available funds County might have a remedy over against the Trustees. (3 L. J., (o. s.), K. B., 198 : 4 B. & C., 194 : 6 D. & E., 231.) 1810. [2702] Hex v. Salop Inhabitants. The County is primd facie bound to repair all public bridges within it, whether foot, horse, or carriage bridges, unless it can be shown that others are bound to repair particular bridges. (13 East, 95.) 1812. [2703] Hex v. Somerset Inhabitants. Local Act empower- ing Turnpike Trustees to replace an old by a new bridge and to take tolls and lay out the money thereby received in building the new bridge, and providing that when the powers of the Aet ceased, the new bridge should be repaired by such persons as were liable by law to repair the old bridge Held that during the time the powers of the Act were being exercised by the Trustees, the County was not liable to repair the new bridge. (16 East, 305.) 1811. [2704] Hex v. Stratford-on-Avon, Mayor. A Corporation by prescription held liable by prescription and not Batione tenune to repair a bridge An Indictment charging the Corporation as immemorially bound to repair held sustain- able. (14 East, 348.) 1810. [2705] Hex v. Surrey Inhabitants. Parish bound by pre- scription to repair a wooden foot-bridge used by carriages in times of flood only Wider bridge built of brick by Turnpike Trustees on same site and constantly used by all car- riages for the 40 years sinee its erection Indictment against County for non-repair Plea, that Parish had immemorially been liable Held that such plea was not sup- ported by evidence of the above facts ; and that County was liable. (2 Camp., 455.) 1835. [2706] Bex v. Sutton. (2). An infant seised of lands in the actual possession of his Guardian "in socage" is not indictable for the non-repair of a bridge Batione tenures, but the Guardian is Quasre, whether an owner, who is not the occupier, of lands charged with the repair of a bridge can be indicted for non-repair? (4 L. J., K. B., 215 : 5 N. & M., 353 : 3 A. & K, 597.) 1770. [2707] Bex v. Yorkshire, W. B., Inhabitants. (1). The County are of comnionright bound to repair a new bridge built by a private person if it be SECT. 9.] 2708 BRIDGES. 2719 183 of public utility. (5 Burr. 2594 : 2 W. Bl., 685.) 1773. [2708] Ilex v. Yorkshire, W.R., Inhabitants. (2). When it does not appear who ought to repair a bridge it is certain in such a case that, at Common Law, the duty is on the County. (Lofft, 238.) 1788. [2709] Ilex v. Yorkshire, W.R. (3). Foot-bridge enlarged to a carriage bridge Held that a Township liable to repair the foot-bridge continued liable pro ra, 22, 24, 25, 26, 29, 31; Feb. 1, 7, 8, 12, 28 ; Mar. 5. Tne points raised in the various aplications reported in the Times of the above dates may by succinctly and sufficiently stated as in the following paragraphs. Failure to attach to Sills, etc. the Names and Addresses of Printers and Publishers. In connec- tion with this it was decided that an application for relief to a candidate could not l>e extended to include his printer. (Dec. 21). A circular | printed on paper of note-paper size, to be sent by Post or hand, and asking for " vote and interest " is not a " bill, poster, or placard" requiring a prints r's name. (Dec. 21). Circular address sent by Post having no printer's name. No Order made, relief not being necessary as there was no offence (Dec. 22). Application for relief made on eve of elec- tion ; allegations that there had been no time to prepare affidavits. Application refused, Per Dunman, J. : " He was not aware of anything preventing the application being made even after an election." (Jan. 16). Election Meetings held at Public-houses. (" Municipal Elec-tions, Corrupt Practices, Act, 1884," 16). Many such cases, e.g., farmer stopping at public-house, some of his friends came in and discussed the election at an impromptu meeting ; relief granted. (Dec. 22). Meeting at a place called the " Kilburn Town Hall,'' a place licensed for stage-plays with a license to sell liquor during the performances; relief granted. (Dec. 22). Meeting on village green interrupted by sudden storm, persons present had taken shelter and continued the meeting in a malt- house which formed part of licensed premises. (Jan. 19). In another case where licensed pre- mises were used, application for relief adjourned because a doctor's certificate, not on oath, of candidate's illness and incapacity to make an affi- davit was sought to be used. (Jan. 26). In another application with respect to a meeting on licensed premises, Denman, J., said : " The Court was not sanctioning meetings on licensed premises or premises adjoining and connected therewith. There was here a bond fide mistake at a first election under the Act, and the offence would be excused, but it must not be treated as a pre- cedent." (Feb. 7). Meetings in a room attached lo a tea and coffee shop, which room was used in summer for the sale of refreshments; relief granted, but Huddleston, B., seems to have re- frained from saying that an offence had been committed in this case. (Feb. 1). Application for relief for holding meeting on licensed pre- mises. Belief granted, but costs granted to opposing Candidate. (Jan. 19). Illegal employment of agents. (" Municipal Elections, Corrupt Practices, Act, 1884," 13). Solicitor employed as paid election agent, but he resigned so soon as he found out the illegality. Belief postponed. (Dec. 22). In another case Lord Coleridge said : " The Act is plain enough that paid agents must not be employed and if parties will not take the trouble to read the Act they must take the con- sequences." (Jan. 24). Paid canvassers. Belief granted in a case where the man employed though a canvasser and though paid was paid in a method said not to le likely to influence the election. (Jan. 26). "Election agent" employed. Relief granted. (Jan. 22). Paid " Messengers " employed to deliver circulars but not to canvass. Held that no offence had been committed. (Jan. 19). Notices as to applications for relief. Per Huddleston, J. : " We laid it down that there should be notice to the returning officer, to the opposing candidate, and also, cither posters put up in the locality or public advertisement in the local papers." (Jan. 19). In a case where it was shown that there was only one local paper and as that was published only once a week ihe notice would have been too late, a newspaper notice was dispensed with. Committee Rooms. Using two Committee rooms 10 miles apart, only one being allowed. Belief refused as a petition was likely to be presented. (Jan. 26). Election Expenses. (''Municipal Corporations, Corrupt Practices, Act," 1884, 5) Joint can- didates issued joint address, and worked together. Statutory maximum for expenses exceeded by inadvertence. Relief granted. (Feb. 8). " Pro- fuse " expenditure, and employment of paid can- vassers and of an illegal number of messengers by an Agent without the authority of and in defiance of the instructions of Candidate. Belief granted. ([2733], Stopes, Ex parte. March 5.) Practice as to applications for Relief. [2734] In Sirtwistle, Ex parte, a complicated contro- versy between two Candidates opposing one another, and going even to the Court of Appeal, is disclosed. (Feb. 28.) A candidate eleeted during his absence in India was allowed relief for not returning his expenses in due time. (March 5.)] 2. FINANCIAL MATTERS. 1890. [2735] Durham C. C. \. Cliester-le- Street Union. A certified Industrial School under 29 & 30 Viet., c. 118, is rateable notwithstanding that it is in the hands of a County Council. (L. E., [1891] 1 Q. B., 331: 63 L. T., 461: 54 J. P., 759 ) 1891. [2736] Hewlett v. Maidstone, Mayor. "Local Govern- ment Act, 1888," 62, 86 (4) Visitors of County Lunatic Asylum have no longer the power of fixing charges for pauper lunatics sent from a borougli which has not contri- buted to the building of the asylum If differences arise Borough may demand settlement by arbitration. (60 L. J., Q. B., 570 : L. B., 2 Q. B., 110 : 65 L. T., 448 : 55 J. P., 549.) 1892. [2737] Proctor v. Cheshire C. C. Profits arising from Management of Lunatic Asylum held under SECT. 5.] 2738 OFFKKi;-. 2750 187 the circumstances to belong to the County CouncU. (56 J. P., 523.) 1890. [2738] Salford Mayor v. Lancashire C. C. " Contagious Diseases (Animals) Acts, 18(39, 1878:" " Local Government Act, 1888 " Right of Borough to he recouped proportionate amount contri- buted to expenses of working the first named Acts Liability of County Council to be sued. (59 L. J., Q. B., 576 : L. E., 25 Q. B. D., 381 : 63 L. T., 409 : 55 J. P., 85.) 1891. [2739] Salop C. C., In re. "Local Government Act, 1888," 29, 38, 62, 124 Lunatic Asylum for paupers provided jointly by County and certain Boroughs Agreements by Boroughs to pay annual rent for use of Asylum- Quarter Sessions Boroughs with less than 10,000 inhabitants Transference of liability of Borough to County Council Held that the Court has no jurudiction under 29 to decide questions of adjustment of liabilities under 62. (65 L. T., 416 : 56 J. P., 213.) 1889. [2710] Somerset C. C., Ex parte: "Local Government Act, 1888," In re. " Local Government Act, 1888," 30 (3) -The Standing Joint Com- mittee has exclusive control of buildings and premises connected with Quarter Sessions and Pulice business The County Council as such has no power to veto ihe requirements of the Joint Committee and must raise and pay such sums as the Joint Committee deem it necessary to spend. (58 L. J., Q. B., 513 : 61 L. T., 512: 54 J. P., 182.) 1889. [2741] Staffordshire Q. Sess. Chairman, Expzrte : " Local Government Act, 1888," In re. "Local Government Act, 1888," 29 : Local Act Stipendary Magistrate's District created under last named Act which authorised the Justices in Quarter Sessions to levy County Eates on the District Now two County Boroughs in the said District Held on case stated that County Council could only levy Eates on the part of District outside the limits of the County Boroughs and that the liability of the County Boroughs must be redeemed under 32 'of the Act of 1888. (54 J. P., 72.) 1890. [2742] Wttt Ruling C. C., In re. "Local Government Act, 1888," 24 County Council held bound in substitution for the Exchequer to pay out of County Fund local grants in respect of half year previous to the Council coming into existence. (54 J. P., 533.) 3. HIGHWAYS AND BRIDGES. 1890. [2743] Curtis v. Kesteveu C. C. "Local Government Act, 1888," 11, (1, 6) Strips of grass bordering the metalled part of a main road are " roadside wastes," and the herbage thereon is not vested in the County Council. (60 L. J., Ch., 103 : L. E., 45 Ch. D., 504 : 63 L. T., 543.) 1891. [2744] Essex C. C. v. Chelmsford Union. Bridge washed away before the passing of the "Local Government Act, 1888 " Temporary bridge erected by Highway Authority Held that the County Council was bound at its own expense to rebuild the bridge. (55 J. P., 84.) 1891. [2745] Beg. v. Norfolk C. C. "Highways Act, 187*," 13-15: Special Acts conferring certain powers on Fen Drainage Commissioners Application that certain roads should be declared main roads Held that the Com- missioners though managing highways were not a Highway Authority within 38 of the "Highways Act, 1878," and could not de- clare the roads to be main roads. (60 L. J., Q. B., 379 : 65 L. T., 222 : 50 J. P., 7.) 1890. [2746] Staffordshire & Derbyshire C. C., In re. " Local Government Act," 1888, 12, 29, 50: Local Act Bridge formerly in two counties now in one county Question whether the two counties were to continue sharing the expense or one to bear the whole Held that the saving clause of the general Act ( 12) kept alive the Local Act. (54 J. P., 566.) 1891. [2747] Stockport and Hyde H. B, v. Cliester C. C. Agree- ment for repair of Council's main roads by the Board Held, nevertheless, that the Council continued to be the Eoad Authority so as to be able to claim as its perquisites surplus material created bv a Tramway Com- pany. (.l L. J., Q. B.,'22: 65 L. T., 85: 55 J. P., 808.) 1891. [2748] Wai-minster L. B., In re, and Wiltshire C. C. " Local Government Act, 1888," 11 A road may include a footpath, and a duty to main- tain a road carries with it the duty to main- tain a footpath adjacent if there is one. (59 L. J., Q. B., 431 : L. E-, 25 Q. B. D., 450 : 62 L. T., 902 : 54 J. P., 375.) 4. LEGAL POINIS. 1891. [2749] Couniy Council of Kent and Councils of Boroughs of Dover, and of Sandwich, Ex parte. " Local Government Act, 1888," 29 There is no right of appeal to the Court of Appeal from decisions of the High Court, under this Section. (60 L. J., Q. B., 435 : L. E., 1 Q. B., 725 : 65 L. T., 213 : 55 J. P. 647.) 5. OFFICERS. 1891. [2750] " Local Government Act 1888," In re : London C. C., Ex parte. "Local Government Act, 1888," 3, 5: "Coroners Act, 1844 and 1887 " The appointment of franchise coroners not having formerly appertained to Justices in Quarter Sessions is not business transferred to County Councils; nor does the Act give the power of appointing any class of coroner 188 2751 COUNTY COUNCILS. 2755 [PART III., SECT. 7. except those formerly elected by the Free- holders. (61 L. J., Q. B., 27 : L. R., [1892] 1 Q. B., 33 : 65 L. T., 614 : 56 J. P., 279.) 1890. [2751] Reg. v. Hereford C. C. " Lunatic Asylums Act, 1853" A Chaplain who did not reside in the Asylum but at his benefice 2 miles off applied for a superannuation allowance being of the necessary age and service Visiting Justices granted the allowance but County Council thinking him not an officer in the Asylum and not incapacitated as regards health and merely desirous of giving more time to his benefice, refused to pay the allowance Held that though not resident he was an officer of and in the Asylum within the Act Mandamus to enforce payment of allowance granted. (63 L. T., 245 : 55 J. P., 72.) 6. POLICE. 1890. [2752] Boot/c-cum-Linacre, Mayor v. Lancashire C. C. " Municipal Corporations Acts, 1835," 7(>, 82 : 2 & 3 Viet., c. 93, 24 : 3 & 4 Viet., c. 85, 14 : "Local Government Act, 1888," 3, 64, 79 Police provided for a Borough by the County Justices Separate Borough Police force established after a while Moneys raised by Rate and in the hands of the County at the time of the change held not repayable to the Borough Under such circumstances the Mayor and Corporation held not to represent the Borough ; and no method available for allocating the moneys. (60 L. J., Q. B., 323.) 1890. [2753] Cardigan C. C., In re. " Local Government Act, 1888," 29 Case stated by Chairman- Questions as to relations between Justices, the Standing Joint Committee and the Chief Constable respecting orders given to the Police Held that the questions as stated were too vague and speculative to be answered by the High Court. (54 J. P., 468 : Times, July 18, 1890.) 1890. [2754] Leicestershire C. C., Ex parte. " Police Act, 1840," 3, 27 The powers here conferred on Justices now belong to the Standing Joint Committee. (60 L. J., M. C., 45 : L. R., [1891] 1 Q. B., 53: 64 L. T., 25 : 55 J. P., 87.) 7. GENERAL POWERS. 1890. [2755] Huth v. Clarke. Rabies Order under the " Local Government Act, 1888 " A public body by delegating some of its powers to a sub-com- mittee does not necessarily lose its own right to exercise those powers Per Coleridge, C. J. : " The delegation, unless, of course, it is controlled by Statute, of any power by one person to another, does not contemplate the abandonment of the power. The power may alwnys be resumed." (59 L. J., M. C., 120 : L. R., 25 Q. B. D., 391 : 62 L. T., 348 : 55 J. P., 86.) ( 139.) ADDITIONAL CASES. %* These Cases are not indexed. The second number attached to each of them indicates the place in the main text of this work where these "Additional Cases " should be inserted in noting-up. 2756 1892. [2756 = 13a] Sanies v. Rider. " Sale of Food Amendment Act, 1879," 10 No particulars of the offence intended to be charged stated in Summons, and no statement made as to how the milk had been adulterated Conviction quashed. (56 J. P., 709.) 1892. [2757 = 131a] lleg. v. De Eutzen. "Housing of the Working Classes Act, 1890 " Orders made, first for closing ( 32), then for demolition ( 33, 35) Appeal by owner dismissed Subsequent application to Magistrate to determine the Closing Orders on the ground that the pre- mises had been made fit lor habitation Magistrate decided that the application was too late, and that so far as his jurisdiction was concerned the Demolition Order issued by the Vestry was final The High Court held that the Magistrate was right ; there- fore Rule Nisi to the Magistrate to state a Case for the High Court discharged. (Times, Nov. 4, 1892.) 1892. [2758 = 175a] L'llis v. London County Council. " Metropolitan Building Act, 1878," 6 Houses with fore- courts atterwardd built over Boundary wall nearest road then pulled down and replaced by fence Saving for an " existing " street Order by Magistrate to pull down and set back this new fence, held bad. (56 J. P., 740 : Times, Nov. 8, 1892.) 1892. [2759 = 208u] Leicester Corporation v. Brown. " Public Health (Buildings in Streets) Act, 1888 "Wooden building erected by a photographer, 9 ft. long 3 ft. wide and 7 ft. high, with glass front and a door, the corner posts let into the ground, held within the Act, as a " building " and an " addition," and not having been sanctioned as required by the " Public Health Act, 1875," 166, Conviction con- firmed. (56 J. P., 708.) 1892. [2760 = 259a] London County Council v. Carwardine. " Sky Signs Act, 1891," 2 Timber Tower 50 ft. high fitted up as a Windmill and capable of grinding a small quantity of corn : Mill also used for hoisting weights, and for driving a Dynamo Machine Held nevertheless that the structure was primarily intended to serve as an advertising expedient, and that the above-named uses were only colourable. (56 J. P., 725 : Times, Nov. 2, 1802.) 2766 1891. [2761 = 266a] Odwell v. Willesden L. B. Building By-Laws Coffee Stall, colourably resting on wheels but really on wooden supports standing on the ground, pulled down by Board because no building plan submitted Action for Trespass Held that the structure was a "new build- ing " Judgment for defendants. (Loc. Gov. Chron., Nov. 28, 1891.) 1892. [2762 = 290u] Tussaud v. London C. C. " Sky-Signs (London) Act, 1891 " Open iron trellis-work braced to a dome surmounting a building held not a " sky-sign " within the Act notwithstand- ing that the sky could be seen through the trellis-work Though the structure was attached to a house yet it was not "over" the house within the meaning of the Act. (56 J. P., 740: Times, Nov. 11, 1892.) 1891. [2763 = 323a] Smith v. Fovargue. Local Act By-Law pro- hibiting the cleaning of fish on the Sea Beach held valid notwithstanding a claim of right to do so by custom. (MS.) 1892. [2764 = 579a] Paterson v. Blackburn, Mayor. " Gasworks Clauses Act, 1871," 15, 38 Accident- Man killed Action under " Lord Campbell's Act " Corporation had announced its inten- tion of cutting off the supply, and did so, leaving in a cellar an odd piece of pipe, stopped only by a plug Consumer entered to carry away his meter which was his private property, and accidentally broke the odd piece of pipe, whereupon explosion and seven persons killed Corporation held liable for the negligence, the consumer having ceased to be a " consumer " by the action of the Corporation, and therefore not within the prohibition of 38. (Times, Nov. 9, 1892.) 1892. [2765 = 584a] Richmond Gas Co. and Richmond, Mayor, Arbi- tration, In re. " Gasworks Clauses Act, 1847, 1871" Local Gas Acts Supply of Gas very deficient on many nights owing to a long continuance of frost Held that as the Gas Company had made every endeavour to keep up the circulation of the gas through the mains, they were entitled to be paid the full contract price. (Times, Oct. 26, 1892.) 1892. [2766 = 6536] Bettingham, In re. Melhado v. Woodcock, Pre- mises held on lease Repairs to drains needed to comply with the "Public Htaltu 190 2767 ADDITIONAL CASES. 2779 (London) Act, 1891 " Friendly summons taken out by Landlord Tenants held liable, they having covenanted to discharge " all rates, taxes, assessments, and outgoings." (Times, Nov. 7, 1892.) 1889. [2767 = 712a] Howard v. Metropolitan B. W. " Lands Clauses Act, 1845" Diversion of street Erection of bridge Compensation for injury to house. (Times, Aug. 10, 1889.) 1892. [2768 = 805a] Neic Romney, Mayor v. Commissioners of Sewers. Question as to whether certain scheduled buildings were or were not within the taxable area Map made in 1832 for the Commissioners which showed that they were not Held that such map was sufficient evidence that the buildings in question were never withiu the taxable area. (56 J. P., 6(52.) 1892. [2769 = 1023a] Reg. v. Rochester Corporation. "Public Health Act, 1875," 299 Default in providing sewirage Rule Absolute for Mandamus. (Times, Nov. 22, 1892.) 1892. [2770 = 1024a] Reg. v. Worcester, Mayor. " Public Health Act, 1875," 299 Default in providing sewerage Kule Absolute for Mandamus, but issue of writ to be suspended for a short time to enable the Corporation do something to meet it. (Times, Nov. 22, 1892.) 1891. [2771 = 1092a] Brydgesv. Dix. "Public Health Act, 1875" The signature of a Clerk to a notice under 150 may be printed. (Loc. Gov. Chron., Feb. 7, 1891 : 10 Law Notes, 43.) 1892. [2772 = 1109a] Monmoutli, Mayor v. Lang. " Public Health Act, 1875," 211, 256 Notice on occupier of a dry dock to pay a Rate Notice served at Dock Head-Office and not at the Dock Dock being 1 miles away, through fields, derived no benefit from the roads and lighting Held that Justices were wrong in deciding (1) that the Notice was not duly served; aud (2) that the premises were not liable by reason of their remoteness. (56 J. P., 725.) 1892. [2773 = 1637a] Stanley v. Farndale. Local Act Newsboy bawling in street the name of a paper By- law rendering this an offence if done to the " annoyance " of residents and passengers Magistiate held lhat proof of the fact of bawling was proof of " annoyance " Held that he was wrong Conviction quashed. (56 J. P., 709.) 18i)2. [2774 = 1683a] East London Waterworks Co. v. FoulJces. " Water- works Clauses Act, 1847," 68 Action for arrears of Water Rates Defence that defen- dant was not owner of all the houses assessed ; that annual value was excessive, and that certain of the charges for empties and baths were excessive Certain of the matters in dispute ordered to be inquired into by an official Referee. (Times, Nov. 9, 1892.) 1867. [2775 = 1830a] Chadwick v. Marsden. Lease reserving " the free running of water and soil coming from any other buildings or lands contiguous to the premises hereby demised, in and through the sewers and water-courses" of the said premises Tan-yard established after the demise on contiguous premises Held, that the words of the reservations did not authorize the discharge of water and refuse from the tan-yard into and through a water- course traversing the demised premises. (31 J. P., 535.) 1884. [2776 = 1836a] Goodhart v. Hyett. Owner of house entitled as of right to receive a supply of water from spring through pipes running through neigh- bour's land and the right to enter such land to repair the pipes from time to time Building commenced on land over line of pipes whereby repair of latter would become difficult Injunction to restrain such build- ing granted. (53 L. J., Ch., 219: L. R., 25 Ch. D., 182 : 50 L. T., 95 : 48 J. P., 2y3.) 1874. [2777 = 2221a] Oliver v. North Eastern Railway Co. Level cross- ing Duty to repair A highway was crossed by a railway on a level and had been allowed to fall into disrepair so that the rails projected above the highway, and the plaintiff in driving across them was upset and suffered injury Held, that Railway Company was bound to keep the highway in repair at the locus in quo, and was liable to plaintiff for the injuries he had sustained. (38 J. P., 709.) 1892. [2778 = 2408a] A.-G. v. Talbot. Trust Funds of ancient date (temp. Henry VIII.) for mending highways at Leeds Altered circumstances Scheme propounded by A.-G. and approved, for re- constituting the Board of Trustees and for spending the Charity Funds in providing open spaces in the Borough Counter-scheme of Municipal Corporation to give the members of the Corporation a majority of votes on the Board, and to employ the Funds in widening Streets, rejected. (Times, Nov. 7, 1892.) 1892. [2779 = 2498] Story v. Sheard. "Highways Act, 1878," 23 The summary procedure provider! by this Section is founded on Tort and proceedings under this Section fall to the ground on the death of the person in whose lifetime and by whose order the damage was caused. (61 L. J., M. C., 178.) INDEX OF NAMES OF CASES. %* IQ order to save space, the names of the Cases are, in this Index, generally abbreviated, but not so much as to cause any obscurity. %* The names in italic are alternative names of Cases which are otherwise indexed* %* The "Additional Cases" on p. 189 are not indexed. A. Aberdare v. Hammett .... 456 Abergavenny v. Straker. . . . 1027 Absor v. French 1988 Acton p. Batten 1441 Acton v. Blundell 1826 Acton v. Lewsey ..... 1265 Adams v. Bromley L. B 226 Adams v. Lakeman .... 1971 Addison v. Preston .... 1389 Addison v. Round 1972 Aldred v. West Metrop. Tram. . . 1638 Aldridge v. Feme 651 Allan v. Hamilton Water Comm. . . 1667 Allen v. Hatfield Chase Co. . . . 2140 Allen v. Hayward 879 Allen 17. Ormond 2023 Allen v. Trotcbridge . . . .592 Allen r. Tunbridge . . . .592 Allman v. Grist 2333 Allum v. Dickinson .... 1266 Alresford Rural Authority v. Scott . . 2522 Alston r. Grant 880 Alston v. Scales 1938 Amesbury Guardians v. Wilts J,T. . . 2486 Amys 17. Creed 1091 Anderson v. Dublin .... 1551 Andeiton v. Birkcnhead. . . . 227 Anderton v. Rigby 227 Andrews v. Mansfield .... 1190 Andrews 17. Ryde ..... 745 Andrews 17. West Ham .... 1399 Angell v. Paddington. .... 1267 Anon. (Lofft, 358) 2098 Anon. (LorTt, 465) 2452 Anon. (I L.I. Raymond, 725) . . . 2408 Antony 17. Brecon Markets . . . 981 Antony v. Seger ..... 457 Appleton v. Bolton .... 1827 Arncll i\ Regent's Canal . . . 203 Arnold v. Blaker 2064 Arnold v. Gravesend .... 1008 Arnold 17. Holbrook .... 2065 Arnold v. Ridge 158 Arnold v. Rigge . . . . .158 Arthy v. Coleman 881 Ashby 17. Woodihorpe .... 204 Aslucorth v. Hebden Bridge . , . 1973 Asli worth 17. Hey worth . . . 1028 Askew 17. Ulverstone L. B. . 1751 Aspinall 17. Mitchell . .1813 Aspindall v. Brown . . . 2024 Atkinson v. Newcastle W. Co. . 1668 A.-G. 17. Aberavon ... . 1029 A.-G. 17. Actou ... . 1442 A.-G. 17. Andrews ... . 1244 A.-G.17. Aylesbury L. B. H. . . 1752 A.-G. v. Barnsley ... . 1753 A.-G. 17. Barry Docks . .2187 A.-G. v. Basingstoke . . 1754 A.-G. v. Bermondsey . . . 746 A.-G. 17. Bi-phosphated Guano Co. . 2066 A. -G. . Birmingham Council (1) (1859) . 1515 A.-G. 17. Birmingham Council (2) (1871) . 1755 A.-G. 17. Birmingham Mayor (1881) 1756; cited 1762 A.-G. v. Birmingham, Tame & Rea Bd. . 1756 A.-G. 17. Black 620 A.-G. 17. Blackburn . . . . 147a A.-G. 17. Bradford Canal . 1191; cited 1820 A.-G. 17. Brecon 148 A.-G. 17. Burslem L. B 1757 A.-G. v. Cambridge Gas Co. . . . 559 A.-G. v. Cambridge Mayor . . .1030 A.-G. 17. Castleford L. B. . . . 1758 A.-G. T. Chambers . . . .164 A.-G. 1?. Cockermouth L. B. . . . 1759 A.-G. r. Colney Hahh Asylum . . 1760 A.-G. r. Compton 973 A.-G. 17. Daniel 1085 A.-G. v. Darlington Mayor . . . 1761 A.-G. 17. Dartmouth .... 1365 A.-G. r. Dorking Guard. . ' . . 1763 A.-G. r. Dorking U. 1762 ; cited 1444 . . 1800 A.-G. 17. Dorset Railway . . . 2188 A.-G. 17. E. C. R 2189 A.-G. 17. Eastlake 1245 A.-G. 17. Edwards 168 A.-G. 17. Ely, Haddenham, &c., Railway Co. 2190 A.-G. 17. Francis 1138 A.-G. 17. Fulham 621 A.-G. 17. Furness Railway Co. . . .2191 A.-G. v. Gaskill 1418 A.-G. 17. Gaslight and Coke Co. . . 560 A.-G. v. Gee 1764 A.-G. 17. General Sewage Co. . . . 1443 A.-G. r. G. E. R 2192 A.-G. v. G. N. K. . 2193 192 INDEX OF NAMES OF CASES. A.-G. . Hackney B. W 1765 A.-G. v. Halifax 1766 A.-G. v. Homer 1031 A.-G. v. Hull 1246 A.-G. v. Hyde Chemical Co. . . . 1139 A.-G. v. Kingston-on-Thames . . . 1767 A.-G. v. Lambeth 1247 A.-G. v. Leeds . . ... . 1768 A.-G. v. Leeds Corporation . . . 1366 A.-G. v. Logan 1140 A.-G. v. L. & S. W. R 2195 A.-G. v. Lond. & Southamp. R. . . 2195 A.-G. v. Loughborough .... 1367 A.-G. v. Lower Thames V. S. B. . . 1248 A.-G. v. Luton L. B. H 1769 A.-G. v. Lyne 1368 A.-G. v. Manchester, Bishop . . . 1009 A.-G. v. Metropolitan B. W. . . . 1770 A.-G. v. Metropolitan Kail. Co. . . 1141 A.-G. v. Mid Kent Railway . . .2196 A.-G. v. Mouss 2334 A.-G. v. Newcastle, Mayor . . . 2712 A.-G. v. Newcastle-under-Lyne . . 1771 A.-G. v. Norwich Corporation . . . 1032 A.-G. v. Norwich, Mayor . . . 1249 A.-G. v. Pearson 747 A.-G. v. Richmond . . . - . 1772 A.-G. v. St. James and St. John Clerk . 1444 A.-G. a. Sheffield Gas Co. . . . 561 A.-G. v. Shrewsbury Bridge Co. . . 2372 A.-G. v. Southampton Guardians . . 1250 A.-G. v. Staffordshire Copper Co. . . 809 A.-G. v. Strand B. W. (1) (1882) . . 622 A.-G. v. Strand B. W. (2) (1883) . . 623 A.-G. v. Tewkesbury, &c., Rail. . . 2197 A.-G. v. Toinline 1433 A.-G. v. Tottenham .... 1251 A.-G. v. Tunstall L. B. H. . . . 1773 A.-G. v. Walthamstow L. B. . . . 1774 A.-G. v. Wandsworth .... 1268 A.-G. v. West Hartlepool . . .1252 A.-G. v. Whitwood 1083 A.-G. v. Widnes Railway . . . 2198 A.-G.V. Wigan 1253 A.-G. v. Worcester. . . . 1516 Auckland (Lord) v. Westmins. B. W. 169; cited 202 Austerbury v. Oldham .... 2632 Austin v. St. Mary's, Lambeth . . 444 Austin v. St. Mat., Bethnal G. 70 Austin's Case 2409 Aveland (Lord) v. Lucas . . . 2487 Back v. Holmes Backhouse v. Bononii Bacup v. Smitli Badcock v. Hunt . Badcock v. Sankey Baddeley v. Gingell liadger, In re Badham v. Marris . Bagshaw v. Buxton Bailey v. Cuekson . Bailey v. Jamieson Bailies v. Baker 2248 882 1226 652 1639 1552 266 122 2025 1254 1989 624 1124; lllti; Baker v. Billericay Union Baker v. Fleetwood Baker v. Greenhill . Baker v. Moore Baker v. Portsmouth Baker v. St. Marylebone Baker v. St. Pancras Baker v. Wisbeach Baker v. Wood Baldry ?;. Fletcher. Ball v. Ward BalLird v. Dyson . Ballard v. Tomlinson Balls v. Metrop. B. W. . Bamford v. Turnley Ban bury v. Page . Bankart v. Houghton Ban ton v. Davies .... Barber, In re .... Barber v. Jessopp . . . Bareham v. Hall .... Barham v. Ipswich Dock Comin. Barker v. King's Norton Barlow v. Ross Barlow v. St. Mary A., Kens. . 170 Barlow v. Terrett .... Barnes v. Akroyd . Barnes v. Chipp .... Barnes v. Eddleston Barnes v. Non is .... Barnes v. Ward .... Barnett v, G. E. R. Barnett v. Hoo H. B. Barnet v. Metrop. B. W. Barnsley v. Sedgwick Barnstaple Water Co. v. Tucker Barraclough v. Johnson . Barrett v. Midland Railway . Barrow v. Yorkshire, W. K., JJ. Bartlett, Ex parte .... Barton v. Pigj;ott .... Batchelor v. Bigger Biiteman v. Ashton-under-Lyno Batemau v. Bluck . Bateman v. Burge . . . Bateman v. Poplar (1) (1886) . Bateman v. Poplar (2) (1887) . Bateson v. Oddy .... Bath v. Inland Revenue Com. Bathard v. City Sewers . Bathurst v. Macpherson Bauinan v. St. Pancras . Baxendale v. McMurray Baxter v. Bedford, Mayor Baxter v. Taylor . Bayley v. Wilkinson Bayley v. Wolverhamp. W. Co. Beardiner v. L. & N. W. 11. . Beardinore v. Treadwell Beaty v. Gleuister Beaver v. Manchester Beck v. Stringer . Beckett v. Midland Railway . Bedford (D. of) v. Dawson Bedford v. Button Coldfield Beechey v. Quentery Beenlen v. Hockin Bull v. Morsou Bell v. Stocktm Train Co. 1614 748 2661 2373 171 1092; . 228 . 337 . 1445 . 445 . 2249 . 974 . 1553 . 2026 . 1775 . 692 cited 1131 cited 1194 . 1142 . 593 . 1939 3 . 1125 . 883 . 1010 123 ; cited 180 540 . 1168 13 . 1517 . 1169 . 533 91 . 2488 124 . 1419 . 1669 . 2027 . 2199 . 1446 . 2410 . 1897 . 653 . 365 . 1990 . 2067 . 1447 . 1448 . 594 . 1518 . 1449 . 884 ; cited 195 . 1192 . 229 . 2046 cited 1349 . 1670 . 2200 . 112(5 . 2250 1554, 2646 . 1358 92 693 . 749 . 991 . 1615 . 458 1610 INDEX OF NAMES OP CASES, 193 Bendelow v. Wortley .... 625 Benfieldsido v. Consett Co. . . 2503 Benham v. U. G. L. A. Co. . . . 1598 Benjamin v. Storr .... 1193 Bennett v. Brumfitt .... 459 Bennett v. Skegness .... 230 Bennington v. Metrop. B. W. . . . 694 Benthall v. Kilmorey (Earl of) . . 626 Bentley v. Kotherham . . . .1519 Bermondsey v. Brown . . . 750, 2047 Bermondsey v. Johnson . . 172 ; cited 173 Bermondsey v. Ramsay .... 1269 Berridge v. Ward 2099 Best v. Stapp 627 Bettes worth v. Kicher . . . . 81 Betts v. Armstead .... 14 Bcxley v. West Kent Sewerage B. . . 101 1 Bickett v. Morris 1828 Bidder v. Croydon L. B. . . . 1776 Biddulph v. St. Geo. Han. Sq. . . 1450 Bigg v. London Corporation . . . 338 Bignell v. Clarke 1362 Bigsby v. Dickenson .... 1143 Bilbee v. L. B. S. C. K 2201 Billericay, In re 1885 Bingham v. Sheffield Water Co. . . 1671 Binks v. S. Yorkshire K. 2281 Bird, Ex parte ..... 4 Bird v. Brentford 1451 Bird v. Elwes 654 Bird v. Greville (Lord) . . . .655 Birkenhead v. Crowe .... 1520 Birkenhead v. L. & N. W. K. . . . 1452 Birkeuhead v. Sansom .... 1270 Birk enhead Corporation, In re. . . 2335 Birmingham v. Baker .... 1271 Birmingham Corporation, In re . . 562 Birmingham Council, In re . . 1255 Birt v. Monmouthshire Sewers Com. . 1777 Birtwistle, Ex parte .... 2734 Bishop Auckland L. B. v. Bp. Auck. Iron Co 1194 Black v. Ottoman Bank . . . 1599 Black v. Sackett 1033 Blackburn v. Micklethwaite . . . 1272 Blackburn v. Parkinson . . . 1273 Blackmore v. Mile End .... 885 Blackpool v. Bennett .... 595 Blagravo v, Bristol Water Co. . 93, 2374 Blair v. Dakin 1814 Blake v. Kelly 982 Blake v. Thirst 886 Blakeley v. Baker 2282 Blashill v. Chambers . . . .231 Bliss v. Hale . . . 1144 ; cited 1158 Blundell v. Catterall . . . .142 Blyth v. Birmingham W. Co. . . . 1672 Blyth v. Topharn 887 Blything v. Waiton .... 1227 Becking v. Jones ..... 596 Body v. Jeffery 2336 Bogg v. Pearse 1390 Bolch v. Smith 2375 Bold v. Williams 339 Solett v. Smith 2393 Bolingbroke (Lord) v. Swindon . . 446 Bolingbrokc (Lord) v. Townsend . . 751 Bolton v. Bolton Corp 1274 Bolton Mayor, v. Bolton Guardians . . 1869 Bonella v. Twickenham . Booker v. Taylor .... Boor v. Hopkins .... Booth v. Ferrett .... Booth v. Howell .... Bootle-cum-Linacre v. Lancashire C. C. Boss v. Litton .... Bothamley v. Danby . . . Bottems v. York .... Botterill v. Ware .... Boufflerw. St. Mary, Islington Boulton v. Crowther Bourke v. Davis .... Bourne v. Liverpool . . . Bourne v. Lowndes Bournemouth v. Watts . . Bouverie v. Miles .... Bovill v. Gibbs .... Bowden v. Besly .... Bowditch v. Wakefield . Bower v. Peate .... Bower v. Sligo .... Bowes v. Law .... Bowes v. Watson .... Bowles v. St. Mary, Islington Box v. Jubb .... Boyce v. Higgins .... Boyfield v. Porter .... Brackenborough v. Thorsby . . Bradbee v. London Bradby v. Southampton . . Bradford v. Hopwood . . . Bradley v. Greenwich B. W. . Bradley v. Sylvester . ... Braintree v. Boyton Bramwell v. Lacy .... Braynton v. L. & N. W. E. . Brecon v. Edwards Breicn's v. Hornsey . . . . Breynton v. L. & N. W. B. Bridgeland v. Shapter . Bridge water v. Bootle . Brierley Hill v. Pearsall Bright v. North .... Brighton Sewers, In re . Brighton Trustees v. Preston . Brighton v. North .... Brighton v. Stenning Brine v. G. W. K Briscoe v. Drought Bristol & E. Kailway v. Tucker Bristol Mayor v. Cox Bristol Mayor v. Gee Bristol Tram. v. Bristol Mayor ' . Bristol Water Co. v. Bristol Mayor . Bristol Water Co. v, Uren British Empire v. Southwark . British Museum v. Finnis Brit. PI. Manufac. v. Meredith Broadbent v. Imp. Gas . Broadbent v. Eamsbotham Bromley v. Lloyd .... Brooke v. Wigg .... Broughton L. B. H., In re Broughton v. Crewe L. B. Brown v. Biggleswade . Brown v. Bussell .... Brown v. Clegg .... Brown v. East & Mid. Rail. 1453 628 1275 983 2633 2752 2306 2307 366 367 125 340 1991 695 1034 1420 1555 232 460 1228 888 1256 205 447 1276 889 404 1940 2068 1556 91 341 82 864 1145 629 2202 1035 1294 2202 1036 1434 95 1257 96 2453 1257 984 752 1829 2203 753 1815 1641 1673 1674 1675 2028 890 696 1830 233 1146 2634 1778 1195 1196 1557 891 104 INDEX OF NAMES OF CASES. Brown v. Edmonton L. B . . . 234 Brown v. Evans 2454 Brown v. Foot 15 Brown v. Holyhead L. B. . . . 235 Brown v. Sargent ..... 892 Brownlow v. Tomlinson .... 2069 Bruton Trustees v. Wincanton . . 2455 Brutton v. S. Geo., Hn. St. . 173; cited 172 Bryant v. Lefever 754 Buccleuch v. Metrop. B. W. . . . 97 Buck v. Hurlock . . . .656 Buckle v. Wrightson .... 597 Buckmaster v. Keynolds . . . 461 Budd v. Marshall . . . . .657 Bull v. Southampton JJ. . . . 236 Bullard v. Harrison . . . . 1992 Bunn v. Harrison . . . . . 658 Burgess v. Bristol 697 Burgess v. Clark ..... 405 Burgess v. G. W. R 2204 Burgess v. Northwich (1) (1877) . . 98 Burgess v. Northwich (2) (1880) . . 342 Burgess v. Peacock .... 237 Burnby v. Bollitt 541 Burnley v. Lancaster C. C. . . .1928 Burr v. Wimbledon .... 1382 Burrows v. March Gas Co. . . . 563 Burslem v. Shropsh. Union R. . . 1359 Burton v. Acton .... 238, 1454 Burton v. Bradley 542 Burton v. Salford 1521 Bury, Mayor, v. L. & Y. R. Co. Busby v. Chesterfield W. Co. . . . 1676 Bush v. Beavan . . . . . 1391 Bush v. Martin 1392 Bush v. Trowbridge Water Co. . . 1677 Butcher v. Ruth 1870 Butterfield v. Forrester .... 2308 Bygrave v. Metrop. B. W. . . 698 C. Caballero v. Lewis. . 1093 Caiger v. St. Mary, Islington . 1277 Calder & Hebble Nav. v. Pilling 305 Caledonian Ry. v. Ogilvy . 935 ; ci ed 2245 Caledonian Ry. v. Walker . 343 Caley v. Kingston-upon-Hull . 1558 Campbell v. E. London W. Co. 1678 Campbell v. Lang . . . 1993 Campbell v. Maund . . 462 Campbell v. Race . . . 1994 Cane v. Chapman . . . 755 Canwell v. Hanson . . 1229 Capital & Co. Bk. v. Ventnor . 1659 Cardell v. Newquay . 1147 Cardiff Manure v. Cardiff Union 1148 Cardiff Mayor v. Cardiff Water Co. 1522 Cardigan C. C., In re . . . 2753 Carr v. Metrop. B. W. . 126 Carter v. Parkhouse . . 1037 Carter v. St. Giles's B. W. . 1941 Cary v. Kingston-upon-Hull . 1558 Case v. Storey . . . 598 Castle v. Burditt . . . 1523 Cafatleberg v. Kenyon . . 659 Caswell v. Cook 756 Caton v. Hamilton 802 Gator v. Lewisham B. W. Caudwell v. Hanson . Cave v. Mills .... Cavey v. Lidbetter. Cawkwell v. Russell . . . Challenger v. Bristol Corporation . Chambers v, Metrop. Asyl. B. . Chambers v. Reid .... Champ v. Stokes .... Chapman v. Auckland U. Chapman v. Crippa . . Chapman v. Robinson Chappell v. Emson Charles v. Finchley L. B. Charlesworth v. Rudgard Charman v. S. E. R. Charsley v. Jones .... (Jhasemore v. Richards. 183 1 ; cited in Cheetham v. Manchester. Chelsea Vestry v. Evans Chelsea Vestry v. Stoddard Chelsea Water Co. v. Paulet . Chesterfield v. Brampton Chichester v. Lethbridge Chisholm v. Doulton Chorlton-u-M. v. Walker. City & S. L. R. v. London C. C. . Clark v. Bloomfield Clark v. Chambers. . . Clark v. Cuckfield Union Clark v. London School Bd. . Clarke v. Higgins .... Clarke v. Paddington Clarke v. Somerset Drainage Comm. Clarke v. Stanford .... Clarson v. Arnold .... Clayton v. Fenwick Cleckheaton Soc. v. Jackson . Cleeve v. Mahaiiy .... Clegg v. Castleford L. B. H. . Cleverton v. St. German's Clothier v. Webster Clowes v. Beck .... Clowes v. Staffordshire W. Co. Glutton v. Pointing Cobham v. Holcombo Cocker v. Cardwell Coe v. Wise .... Cole, Ex parte .... Cole v. Miles .... Colemant;. Goldsmith Coleman v. West Middlesex Water Co. Coles v. Fibbens .... Collier v. Kilham .... Collier v. North .... Collier v. Worth .... Collins v. Middle Level Commissioners Collins v. Paddington Collins v. S. Staffordshire Ry. . Collins v. Wells .... Colne Valley Water Co. v. Treherne Combe v. L. G.R.D. Commercial Gas Co. v. Scott . Constable v. Nicholson . Cook v. Bath Cook v. Ipswich Cook v. Leonard Cook v. Montague Cooke v. Forbes 1279; . 1779 . 1229 . 1974 . 1127 . 448 . 1559 . 630 . 1455 . 1975 . 1780 . 2029 . 2251 16 . 1781 . 431 . 2205 . 660 1832, 1835 . 427 . 1278 . 2070 . 1679 99 . 2376 . 1170 . 1230 . 174 . 239 . 2283 . 368 . 699 . 1524 . 1456 . 1782 . 599 . 2360 . 1383 . 1457 . 1128 . 1458 . 1258 . 893 . 2523 . 1816 . 1487 . 369 . 1094 . 894 . 841 . 2206 . 1360 . 1680 985 . 1977 . 1038 . 1038 . 895 . 1400 100 . 301 . 1681 . 726 . 564 . 2524 . 1995 cited 1349 . 1095 . 1231 810 INDEX OF NAMES OF CASES. 195 Cookc v. Green Cooke v. New River Co. . Cooper v. Walker . Cooper v. Wandsworth B. W. . Cooper v. Woolley . . . Corbyo. Hill Cornwell v. Metrop. Sewers . Corrie v. Reddin . Cortis v. Kent Water Co. Cosford v. Grimwade Cotterill v. Lempriere . . Cottcrill v. Starkey Cotton v. Wood . . Coulton v. Ambler . . . Coupland v. Hardingham Cousins v. Stockbridge . Coventry (E. of) v. Willes Coverdale v. Charlton . Cowdell, In re ... Cowen v. Phillips . . Cowley v. Newmarket . Cowley v. Sunderland . . Cox v. Ambrose Cox v. Paddington . Cracknell v. Thetford Crane v. Lawrence. . Cranwell v. London Crapp v. East Stonehouse Crawford v. Hornsea Co. . Crawley, In re ... Croasdill v. Ratcliffe Croft v. L. N. W. R. Croft v. Rickmansworth . Crone v. Waugh Crosby, Ex parte . Crosse v. Raw Crossley v. Lightowler . Crumbie v. Wallsend Crumlie v. Wallend Crump v. Lambert. Cubitt v. Maxse Cunningham v. Wolverhampton Curling v. Johnson Curtis v. Embrey . Curtis v. Kesteven C. C. . D. Dalton v. St. Mary A. Kensington Daly v. Webb Danby v. Hunter . Daniel v. Coulsting Danversv. Morgan. Darenth v. Dartford Dargan v. Davies . Darley v. The Queen Darlington, Ex parte Darlington v. Home Secretary Dartfurd v. Trickett Davey v. Warne Davies v. Harvey . Davies v. Stephens Davies v. Stone Davies v. Swansea . Davis v. Browne . Davis v. Curling . . Davis v. Loach 240 2101; 897 . 2100 . 1682 . 2071 ; cited 251 . 1171 . 2284 534, 2072 . 1401 . 1096 . 1600 . 306 . 1996 . 2309 . 449 . 2285 . 600 . 1997 cited 2120 877 . 1232 . 1942 146 . 406 89 G ; cited 906 17 . 700 . 159 . 1129 . 661 . 2361 . 701 . 1898 . 2724 . 241 . 662 . 1783 . 898 . 898 . 1172 . 1998 . 532 370 . 601 . 2743 631 543 1943 610 1097 1459 1363 865 2725 1012 1421 1560 407 2048 463 371 2337 1944 1642 Davis v. Mann ..... 2377 Davison v. Gill ..... 2141 Daw v. London C. C 1561 Daw v. Metropolitan B. W. . . . 1525 Dawes v. Hawkins .... 2073 Dawson v. Cruit ..... 2338 Dawson v. Moore ..... 1197 Day v. Brownrigg ..... 757 Deakin v. Milne ..... 2252 Deards v. Goldsmith .... 1628 Dearie v. Petersfield .... 588 Debenham v. Metrop. B. W. . . . 819 De Caux v. Powley .... 302 De La Torre v. Kensington . . . 1198 De Ponthieu v. Pennyfeather . . . 2142 De Rutzen v. Lloyd .... 1039 De Souza v. Cobden .... 2726 De Winton v. Brecon .... 1086 Decks v. Bailey 325 Delane v. Hillcoat 1660 Delaney v. Metropolitan B. W. . . 702 Denny v. Thwaites .... 1899 Derby v. Bury I. Comm. . . . 1460 Derby Municipal Estates, In re . . 1087 Derriman's Settlement, In re . . . 758 Devonport v. Plymouth Tram. . . 1643 Devonshire (D. of) v. Barrow Steel Co. . 663 Dewell v. Saundera .... 1199 Dewsbury v. Batley .... 899 Dickinson v. Grand J. Canal . . . 1832 Digby v. West-Ham . . . .1117 Dillon v. Haver ford west . . . . 565 Dimes v. Arden 2662 Dimes v. Petley 2378 Diss v. Aldrich 820 Dixon v. Metropolitan B. W. -. . . 900 Dixon v. Wells 18 Dobbs v. Grand Junct. W. Co. 1683 ; cited 1730 Dobson v. Blackmore Dodd v. St. Pancras Doe d. Barrett v. Kemp . Doe d. Harrison v. Hampson . Doe d. Hopley v. Young . . Doe d. Jackson v. Wilkinson . Doe d. Pring v. Pearsey . Dorchester v. Ensor Dorling v. Epsom . Doust v. Slater . Dovaston v. Payne Dover Gas Co. v. Dover . Dover Harbour W. v. L. C. & D. R. Dowling v. Pontypool Rail. Co. Downing v. Falmouth Sewage B. . Draper v. Sperring. Drew v. Metrop. B. W. . Drighlington v. Bower . Driver v. Kingston H. B. Dryden v. Putney . Dudley Corp., In re Dudley Mayor v. Dudley Trustees . Duke v. Courage . Dumelow v. Lees . Duncan v. Findlater Duncomb's Case . Durham C. C. v. Chestcr-le-street . Dyer v. Best . Dyke v. Gower . Dyson v. Greetland Dyte v. St. Pancras 2253 . 1280 . 2102 . 2103 . 803 . 2104 . 2105 . 1040 . 1369 . 1098 . 2254 . 566 . 2207 . 703 . 1784 . 1041 . 344 537 .5,1900 . 1281 . 1461 . 1461 . 901 . 432 . 1945 . 2504 . 2735 . 408 19 . 2635 71 O 2 196 INDEX OF NAMES OF CASES. E. Eaglesfield v. Teasdale .... Bales v. Cumberland Lead Co. East Bourne v. Jackson .... East London United v. Metrop. Eail. East London Water Co. v. Kellerman East London Water Co. v. St. Matt. B. G. East Moulsey L. B. v. Lambeth Water Co. 1686 East Retford v. Williams . '.'... Eaton v. Basker . , ,. . Easton v. Alee ..... Easton v. Richmond . ... Eccles v. Wirral .... Eccleshill, In re Ecclesiastical C. v. Clerkenwell Ecclesiastical C. v. Merral > . " ; . Eddleston v. Barnes . . Eddleston v. Crossley . . Eddleston v. Francis Edgware v. Colne Valley Water 1687; cited 1686 Edgware v. Harrow Gas Co. . Edinburgh Magistrates v. Blackie . Edinb. Tramways Co. v. Black . . Edmunds v. Savin .... Edmundson, In re . Edwards, Ex parte. Edwards v. Joliffe Edward v. Lowndes Edwards v. St. Mary, Islington Edwards v. Salmon Egg v. Blayney .... Eggington, Ex parte Elias v. Nightingale Elkingtoii v. Smee Elliott v. Chesterfield R. S. A. Elliott v. South Dev. R. Ellis v. Aberystwith Ellis v. Bridgenorth Corp. Ellis v. Bridgenorth Mayor Ellis v. Bromley .... Ellis v. Hulse .... Ellis v. L. & S. W. R. . Ellis v. Maidstone .... Ellis v. Sheffield Gas Co. Ellis v. Strand .... Ellis v. Woodbridge Ellissen v. Lawrie .... Ellwood v. Bullock. . . . Elmer v. Norwich .... Elmhirat v. Spencer Elsdon, Ex parte .... Elwes v. Payne .... Embleton v. Brown Embrey v. Owen .... Emmerton v. Matthews . Enniskillen v. Hilliard . Esdaile v. Metropolitan Rail. Co. Essen v. Acton .... Essex C. C. v. Chelmsford Union Ettrick, The Evans v. Newport .... Evans v. Oakley .... Evans v. Rhymney . . . Evans v. Smith .... Evelyn v. Whichcord Everett v. Grapes ..... 1118 Ewart v. Cochrane . . . Exeter v. Heaman Exeter Road Trust., Ex parte . 2209 Exford Iron Co. v. Dulverton H. B. . 2489 860 992 72 Eyre v. New Forest . 2030 372 101 F. 1684 1685 Fairbrother v. Bury . 1463 1686 Falkner v. Somerset and Dorset R. . . 706 1042 Farmers and Cleveland v. Stevenson 20 373 Farnorth v. Compton . . . 1100 464 Farr v. Boston .... . 443 2255 Fawcett v. Y. & N. M. R. . 2210 1282 Fay v. Prentice .... . 1200 704 Fearnley v. Orinsby . . 2286 175 Fearon v. Mitchell . 1049 664 Fecitt v. Walsh .... 21 1173 Feilden v. Blackburn . 1785 1833 Felkin v. Berridge . 243 1616 Felkin v. Herbert (Lord) . 441 1686 Fennington v. Srinsop . . . . 1819 2256 Fenwick v. Croydon . . 1284 ; cited 1324 1043 Ferens v. O'Brien .... . 1689 1644 Ferrand v. Milligan , 2074 2339 Ferrar v. London Sewers . 707 729 Field, In re . 1285 705 Field v. Thorne . . . . 2258 1834 Fielding v. Rhyl .... . 244 759 Filby v. Combe .... . 1403 1099 Fillingham v. Wood . . 1234 326 Filshie v. Evington . . 22 83 Fiulinson v. Porter 451 760 535 1044 Fisher v. Prowse . . . 2075 ; cited 2097 242 Fitch v. Rawling cited 1997 1688 Fitzgerald v. Champneys . 1527 1629 Fitzpatrick v. Kelly 23 374 Fitz patrick v. Robinson . . 2076 1045 Fleet v. Metrop. Asy. Bd. . 631a ; cited 625 1046 Fleming v. Manchester . . 1464 2525 Fletcher v. Bealey. . 1786 2340 Fletcher v. Fields .... 332 2208 Fletcher v. Hudson . 409 ; cited 68, 404 2496 Fletcher v. Rylands cited 889 568 Flight v. Clarke .... . 649 1402 Flight v. St. Geo., Southwark . . 127 1901 Flight v. Thomas .... . 1201 1462 Flower v. Adam . . 2379 307 Flower v. Leyton .... . 811 1384 Flux v. Gumming .... . 1149 1817 Foat v. Margate .... . 766 176 Fobbing v. Abbott .... . 1436 1047 Fobbing v. Reg. .... . 1436 1435 Foinett v. Clark .... 602 1835 Folkestone v. Downing . . 1690 544 Folkestone v. Woodward 177 ed45 Foot v. Hodgson .... 245 611 Ford v. Honiton .... . 1088 345 Foreman v. Cmterbury . 903 ; cited 919 2744 Fort William v. Kennedy . 178 1526 Fortescue v. St. Matt. B. G. . 179 ; cited 196 1283 Foster v. Bristol . . 812 2257 Foster v. Dodd .... 219 902 Foster v. Oxford, Worcester, &c., Ry. . 410 1130 Foulger v. Steadman 603 1233 Fowell v. Normanton L. B. . 707a 1118 Fowler v. East London Water Co. . . 904 450 465 1048 Fox v. Palmer .... . 1050 INDEX OF NAMES OF CASES. 197 Francomb v. Freeman . . . .1202 Freeman v. Newman . . . .1101 Freeman v. Tottenham & Hampstead Ry. . 2211 Freestone v. Casswell .... 2310 Frend v. Dennet 1422 Frewen v. Hastings L. B. . . . 1385 Frewen v. Hastings L. B. H. . . . 1386 Fre w in v. Lewis 1013 Fritz v. Hobson 2287 Frompton v. Taffin .... 2362 Fulhain v. Goodwin .... 1465 Fulham v. Smith 1 562 GK Gabriel v. St. James, Westm. . . . 1563 Gage v. Elsey 24 Galer v. Bawson ..... 2341 Galloway v. London . . 1564; cited 1565 Gandy v. Jubber 665 Gard v. Commissioners of Sewers 1565 ; cited 739 Gardner v. Furness Ey 665a Garforth v. Esam 25 Gas & C. Co. v. Mead . . . .569 Gas & C. Co. v. St. Mary A., Kens. . . 905 Gas & C. Co. v. St. Geo., Han. Sq. . . 570 Gas & C. Co. v. South Metrop. Gas . . 571 Gaskell v. Bailey 1174 Gaved v. Marty n 1836 Gay v. Cadby . . . 1404 ; cited 1415 Gebhard v. Saunders .... 666 George v. Chambers . . 2456 ; cited 2473 Gerring v. Barfield . . . .2311 Gery v. Black Lion Brewery Co. . . 246 Geddis v. Bann Reservoirs Proprietors . 906 General Ice Co. v. Clerkenwell . . 1405 Gibbons v. Chambers .... 632 Gibson v. Preston 907 Giffard v. Wolverhampton Corp. . . 1787 Gifford and Bury T. C., In re . . . 102 Gilbert v. Wandsworth .... 180 Giles v. Glubb 1886 Gill v. Bright 761 Glasgow Water Comm. c. Miller 1691 ; cited 1667 Glassington v. Rawlins .... 1617 Gledhill v. Crowther . . . .466 Glossop v. Heston L. B. (1878) . . 762 Glossop v. Heston L. B. (1879) . 1466, 1788 ; cited 1444, 1762, 1763, 1781 Glover v. East London Water Co. . . 1692 Golding v. Stocking . . 2312 ; cited 2310 Goldsrnid v. Tunbridge Wells . . . 1789 Goldstraw v. Duckworth . . . 181 Goodacre v. Watson .... 1406 Goodhew v. Williams .... 433 Gooding r. Billing 1370 Goodson v. Richardson .... 1693 Goodtitle v. Alker .... 2106 Goodwyn v. Cheveley .... 2313 Goodyear v. Weymouth .... 375 Gordon r. St. James, Westmina. . . 908 Gordon r. Williamson .... 467 Gosport Gas Co. v. Alverstoke . . . 572 Gough v. Hardman .... 1528 Gough r. Liverpool . . . .128 Gough v. Murdoch .... 473 Gould v. Bacup . . . 1286 ; cited 1354 Graham v. Newcastle 1467 1203 ; Grainger v. Dudley Grand Junction Canal v. Petty Grand Junction Canal v. Shugar Gray v. Pullen G. E. R. v. Goldsmidt . G. E. R. v. Hitckney G. W. R. v. Bisl.op G. W. R. v. Phillips G. W. R. v. May . G. W. R. v. Smith G. W. R. v. West Bromicich . Greece v. Hunt Greenhow v. Parker Greenough v. Parker Greenwich B. W. v. Maudsley Greenwood v. Wadsworth Gresley v. Codling Grind ley v. Booth Grose v. West Grosvenor (Lord) v. Hampstead Ry Grosvenor v. Button Growsmith, Ex parte Gully v. Smith . Gwatkin v. Chepstow W. Co. . Gwinnell v. Earner Gwyn v. Hardwick H. Hackney B. W. v. G. E. R. . Hackney v. Martin , Hadley v. Taylor . Haigh v. North Bierley Union Hale v. Cole . Halifax v. Soothill L. B. Halifax v. Wheelwright . Hall v. Batley Hall v. Bootle Hall v. Bristol Hall v. Nixon Hall v. Potter Hall v. Prichett Hall v. Smallpiece Hall v. Smith Hall v. Swansea Hall v. Taylor Halligan v. Ganly Ham, In re, Bassett, Ex parte Hamilton v. St. Geo., Han. Sq. . 346 . 2031 . 1837 . 909 . 1051 . 1287 cited 1153, 1194 . 2212 708 ; cited 712 . 347 . 1581 . 1288 . 411 . 411 . 1999 . 220 . 2380 813 . 2107 Junction . 709 . 1566 . 1902 . 2287a . 1694 . 910 2517 . cited 1303 . 1289 . 2285 1 26 . 1838 . 1661 . 911 . 1290 . 348 247 ; cited 300 . 1102 . 794 . 206 . 912 . 763 . 1393 . 612 . 850 . 2049 Hammond v. St. Pane. . 913; cited 927, 1448 Hancocks v. South wark & Vaux. Water Co. ] 695 Hanman v. Adkins . ... . 986 Hansard v. St. Matt. B. G. . .633 Hanson v. Halifax 376 Harber v. Rand 2143 Hardcastle v. Bielby . . . .914 Hardcastle v. S. Yorkshire R. . . . 2289 Harding v. Barker . . . .915 Harding v. Cornwall .... 468 Hardinge v. Southborough . . . 814 Hardwick v. Moss 1946 Hiirdwicke v. Brown .... 139 Hardy v. Yorkshire N. R. JJ. . .1103 Hargreaves v. Taylor . . . .821 Harper v. Charlesworth .... 2032 Harper v. Forbes .... 2000 Barring v. Stockton . . . . 764 198 INDEX OF NAMES OF CASES. Harris v. Hoskins 2108 Harris v. James, . . . 1204; cited 1184 Harris v. May ..... 27 Harris v. Mobbs . . . v . 2314 Harris v. Williams . . -^"v ,, . 28 Harrison v. Enficld .... 377 Harrison v. Leaper .... 2342 Harrison -v. Ma let 667 Harrison v. Parker .... 2713 Harrison v. Richards .... 29 Harrison v. Southampton . . . 765 Harrison v. Southwark & Vaux. Water Co. 1696 Harrison v. Williams .... 308 Harrogate M. O. v. Harrogate L. B. .851 Harrop v. Bayley ..... 65 Harrop v. Hirst 1839 Hartley, In re 545 Hartley v. Hudson .... 668 Hartley v. Wilkinson Hartnell v. Ryde . Harvey v. Bethnal Green Harvey v. Gibb Harvie v. South Devon Rail. Hattersley v. Burr . . Haviland, Ex parte Hawkins v. Aldershot S. B. Hawkins v. Newman Hawkins v. Robinson Haworth v. Oswaldtwisle Haydock, Ex parte . 1645, 2343 916 ; cited 1942 . 2147 . 822 . 710 . 248 975 . 1601 . 1662 . 573 . 1371 . 866 Hayward v. East London Water Co. . 1697 Hay ward v. Lowndes .... 1468 Headlam v. Hedley .... 2109 Healey v. Batley 1291 Heap v. Burnley 1119 Heath v. West Eddisbury . . . 1891 Henderson v. Folkestone Water Co. . .1698 Hendon v. Bowles 1205 Hendon v. Pounce ..... 249 Hendra v. Chelsea Waterworks Co. . . 917 Henn'sCase 2505 Henry v. Armitage 469 Herbert v. Leigh Mills Co. . 1206 Hereford v. Morton 1529 Herring v. Metrop. B. W. . . .711 Hertford Union v. Kimpton . . . 1207 Hesketh v. Atherton . . 1292 ; cited 1327 Heudebourck v. Langton . . . 1976 Hewett's Estate, In re . . . .1372 Hewett v. Hudspeth .... 1372 Hewson v. Gamble .... 30 Hibbert v. Acton 206a Higgins v. Hall . . . . 31 Higgins v. Harding .... 1293 Higgins v. Northwich .... 1175 Miggs v. Godwin ..... 1790 llildreth v. Adamson . . . .1699 Hill, Ex parte, Roberts, In re . . . 574 Hill v. Hall .250 Hill v. New River Co 918 Hill v. Smith 1052 Hill v. Somerset 2344 Hill v. Wallasey L. B 1700 Ilinton v. Swindon. .... 1239 I Lipkins v. Birming. Gas Co. . . . 1746 Hirst v. Halifax 2636 Hoare v. Metropolitan B. W. . . . 1567 Hobbs v. Dance 207 Ilodgkinson v. Ennor 1818 Holborn v. St. Leon., Shoreditch . . 1407 Holden v. St. Mary, Islington . . . 1568 Holden v. Tilley 2050 Holder v. Margate 766 Holdsworth v. Wilson . . . .103 Hole v. Barlow 1131 Hole v. Milton Commissioners . . . 613 Holker v. Porritt . . . . ' . 1840 Holland (Lady) v. Kensington . . 1235 Holland v. Northwich .... 1947 Holliday v. St. Leon., Shored. . . .919 Holliday v. Wakefield .... 1701 Hollis v. Marshall 66 Holmes v. Bellingham . . . . 2110 Holmes v. Upton 2111 Holt v. Rochdale 1469 Holyhead v. L. N. W. R. . . . 1373 Home v. Grimble 1530 Home v. Kelso L. A. . . . . 1208 Hooper v. Bourne . . . . .712 Hooper v. Hawkins .... 2457 Hooper v. Kenshole .... 1053 Hope v. Sandhurst (Lady) . . . 2727 Hopkins v. Smethwick .... 251 Hopkins v. Swansea .... 309 Hopper, In re . . . . . 104 Horder v. Meddings . . . Border v. Scott ..... 33 Hornby v. Liverpool Gas Co. . . . 575 Hornby v. Sylvester .... 2506 Homer v. Cadman .... 2259 Homer v. Whitechapel .... 1054 Hornsey v. Brewis ..... 1294 Hornsey v. Middlesex .... 650 Hornsey v. Monarch Building Soc. . . 1295 Horsell v. Swindon .... 252 Hotchin v. Hindmarsh . ... 34 Houghton v. Bankart .... 1150 Houldershaw v. Martin .... 1151 Hounsell v. Smith 2290 Howard v. Lupton ..... 1055 Howarth v. Manchester .... 987 Howes v. Turner ..... 470 Howitt . Manfull 471 Howitt v. Nottingham Tram Co. 1646 ; cited 1655 Hewlett v. Maidstone, Mayor . . . 2736 Hoyle v. Hitchman . . . . 35 Hubert v. Groves 2381 Huddersfield, Mayor, Ex parte . . 713 Huddersfield v. Shaw .... 349 Hugall v. McLean 669 Hughes v. Macfie 2291 Hughes v. Metrop. B. W. 1470 Hughes v. Trew 1056 Huggins v. Waydey . . . .1948 Humphries v. Cousins .... 452 Runnings v. Williamson . . . 412 Hunt v. Harris 1236 Hunt v. Wimbledon . . . .378 Huntingdon, County, Case . . . 2663 Huntley v. Russell .... 2526 Hurst v. Taylor 2144 Huth v. Clarke 2755 Hutton v. Hamboro . . . .2001 Button v. Lane. & York. Rail. . . 1176 Hyams v. Webster 920 Hyde v. Bank of England . . . 1374 Hyde v. Berners . . . 129 Hvde v. Entwistle . . 2382 INDEX OF NAMES OF CASES. 199 I. Illiiigworth v. Bulmer East H. B. . 2536 Illingworth v. Montgomery . 1296 Inglis v. St. Giles, Camb. 182 I of W. Ferry v. Ryde . . 862 I. of W. Oyster Co. v. Newport . 1791 Itchcn Brg. Co. v. Southampton . 767 Ivcson v. Moore . . 2383 J. Jackson v. Farnham Water Co. . 1702 Jacomb v. Dodgsou . 84 Jacomb v. Huddersfield . 105 Jagger v. Doncaster . . . 253 James v. Hayward . 2260 James i'. Wyvill . 254 Jarrow L. B. v. Kennedy . 1297 Jarvis v. Dean . 2051 Jay v. Hammon . . 255 Jenuey v. Brook . . 2363 Jersey (E. of) v. Neath . . 350 Jersey (E. of) v. Uxbridge . 800 Jersey (E. of) v. Woodward . . 1792 Jewel v. Stead . 436 Johnson v. Croydon 310 Jolift'e v. Wallasey . . 768 Jones, Ex parte 130 Jones, Ex parte ; W. Cowes, In re . 256 Jones, Jn re . . 472 Jones v. Cook ... . 1361 921 Jones v. Matthews . . 2292 Jones v. Owen . 2315 Jones v. Parry . 257 Jones v. Williams . . 1104 Joselyne v. Meeson . 258 Jowett v. Idle . . 1298 ; cit ed 1284, 1324 Joyce v. Metrop. B. W. . . 538 K. Kay v. Atherton 1618 Keane v. Keynolds .... 2261 Kearley v. Tonge ..... 36 Kearley v. Tylor 36 Kearney v. L. B. S. C. R. . . . 2293 Keates v. Cadogan (Earl) . . . 670 Keight v. Hill !>76 Kellet v. Traninere . 106 ; cited 121 Kennett v. E. Lond. Water Co. . . 922 Kent C. C. ; Dover and Sandwich, Ex parte 2749 Kent u. Worthing . . 923 ; cited 930 Kerr v. Preston 183 Kcrshaw v. Sheffield .... 1299 Kidderminster v. Hardwick . . . 379 Kidwelly v. Richardson .... 1703 Kilham v. Collier 1977 Killmister v. Fitton .... 1531 King v. Surrell 1535 Kingston-upon-Hull, Guard, v. Petch . 380 Kingiton-upon-Hull, Mayor v. Harding . 381 Kinuaird v. Smith .... 671 Kirk v. Bromley Union .... 382 Kirk v. Coates ..... 37 Kirkheaton L. B. v. Ainley (1) . . 1471 Kirkheaton L. B. v. Ainley (2) . . 1793 Kirkheaton v. Beaumont . . . Kirkleatham L. B., In re, and Stockton Water Co Kirkleatham L. B. v. Stockton Water B. Knight v. Bowers . Knight v. Gardner. Knight v. Purssell Knighton Petition : Gough v. Murdoch Knill v. Towse .... Kyle v. Barber .... Labalinondicre v. Addison Labalmondiere v. Frost . Lade v. Shepherd .... Laird v. Briggs .... Lake v. Butler .... Lamacroft v. St. Thomas Lambe v. Grieves .... Lamprell v. Billericay Union . Lane. & Yorks. Rail. v. Bury, Mayor Lancashire JJ. v. Rochdale Lancaster v. Harlech H. B. Lancaster JJ. v. Newton-in-Makerfield Lane v. Collins .... Lang v. Kerr, Anderson & Co. Langdon v. Broadbcnt . Langley v. Churton Lapthorne v. Harvey Law v. Dodd. .... Law v. Redditch . Lawrence v. G. N. R. . Lawrence v. King .... Lawson v. Wallasey Lax v. Darlington Corp. Le Feuvre v. Lankester . Le Neve v. Mile End Lea v. Abergavenny Lea v. Facey .... Lea Conservancy v. Hertford . Lea Conservancy v. Tottenham Leadgate v. Bland. Leamington, Ex parle . Leamington v. Oldham . Learoyd v. Halifax Lee v. Nixey. .... Lee v. Stevenson .... Leech v. N. Staffordshire Ry. . Leeds v. Robshaw .... Leek Commissioners v. Staffordshire Leftley v. Monnington . . . Leicester v. Cropstone . Leicester v. Holland . . . Leicestershire C. C., Ex parte . Lenanton, Ex parte . .' . Leslie v. Pounds .... Lethbridge v. Winter Letts v. Oldbury .... Lewis v. Arnold Lewis v. Cardiff Lewis v. Carr Lewis v. Evans Lewis v. Swansea . Lewis v. Weston-super-Mare . Liddard v. Holmes . . Liddiard v. Reece . Lightbound v. Higher Bebington Lillywhite v. Trimmer . 1209 107 1704 38 1152 208 473 2728 1375 428 429 2033 1437 437 1472 474 383 2664 1930 2490 1929 39 2112 614 2113 2491 1408 384 351 2316 385 1057 414 1569 1705 413 1794 769 1841 823 1706 1210 2637 672 2213 795 1931 140 108 2077 2754 2729 924 2078 925 539 1105 415 1106 1707 1608 1978 40 1300 17! 5 INDEX OF NAMES OF CASES. Lingwood v. Stowmarket Co. . Liskeard U. v. Lisk. W. W. Co. Lister v. Hebden Bridge Lister v. Lobley Little Bolton v. Keg. Little Bowden v. Wandley Littleborough L. B., Ex parte Littler v. Khyl Liverpool, Mayor, Ex parte Liverpool Mrkt. Co. v. Hodson Liverpool Tram. v. Toxteth Park . Llandaff Market Co. v. Lyndon Lloyd v. Ogleby .... Lloyd v. Wigney .... L. & Blackwall E. v. Limehouse L. &N. W. E, In re . . .. L. & N. W. K. v. Fleetwood . L. & N. W. R. v. St. Pancras . L. & N. W. K. v. Skerton L. & N. W. E. v. Wetherall . L. & Provincial Laundry v. Willesden L. & S. W. K. v. Blackmore . L. & S. W. E. v. Myers . L. B. S. C. K. v. St. Giles, Camb. . L. C. & D. E. v. London Local Gov. Act, In re ; Thomas, Ex parte Local Gov. Act, In re; London C., Ex parte Local Gov. Bd., In re, Kingstown, Ex parte Lock v. Sellwood Lodie v. Arnold ..... Loftos v. Gleave ..... Loftos v. Higgins Logan v. Burton ..... London C. C. v. Candler London 0. C. v. Cross .... London C. C. v. Edmondson . . . London C. C. v. London S. B. London C. C. v. Pearce .... London Gas Co. v. Chelsea Lon. Gen. Omnibus Co. v. Mead London Miiyor v. Low .... London Corporation v. Kiggs . London School Bd. v. St. Mary's, Islington Londonderry (M. of) v. Ehoswydol Co. Loughborough v. Curzon Lonsdale (E. of) v. Nelson Loveridge v. Hodsell .... Low v. Lambeth W. Co. ... Lowen v. Kay Luckraft v. Pridham Ludlow v. Charlton Lumb v. Simpson . Luscombe v. Steer . Lush v. Wilson .... Lutton v. Doherty. Lynch v. Commiss. of London Sewers Lyndon v. Stanbridge Lyon v. Fishmongers' Co. 815 1708 1301 352 2411 1364 6 714 1107 988 1617 1058 2317 926 1532 2364 1438 1302 2214 2215 1409 1630 2345 1303 1570 2730 2750 1014 2173 2384 10.=>9 1060 2145 259 184 1571 1376 209 576 1410 1061 2079 1304 1796 1949 1211 2114 1709 1903 589 1423 878 1132 41 1120 715 1411 1843 M. Macdonald v. Lochane . . . .311 Mace v. Philcox 143 Macey v. Metrop. B. W. . 716 ; cited 721 Mackenzie and Ascot Gas, In re . . 109 Mackett v. Herne Bay .... 1572 Mackinnon v. Penson Madden v. Kensington 2714; cited 1942 . J108 Maddock v. Wallasey .... 1533 Madox'sCase 2537 Magor v. Chad wick . . ... 1843 Maidenhead, In re . . . . . 1473 Mair v. Greenwich B. W. . . . 85 Mailing v. Graham .... 1602 Mallinson v. Carr ..... 546 Malton U. S. A. v. Malton Manure Co. 1153; cited 1194 Manby v. Hopkinson .... 2460 Manchester, Mayor v. Chapman . . 1306 Manchester v. Lyons .... 1062 Manchester Corporation v. Hampson . 1305 Manchester v. Williams .... 977 Manchester & Leeds K. v. Eeg. . . 2216 Manch. S. & L. E. v. Barnsley . . 260 Munch. S. & L. E. v. Wallis . . . 2217 Manch. S. & L. E. v. Worksop . . 1797 Manch. S. & L. E. v. Wood . . .1177 Manch. S. J. & A. E. v. Fullarton . . 2218 Manley v. St. Helen's Canal . . . 2715 Manners (Lord) v. Johnson . . . 210 Manning v. E. C. E 2507 Manvers (Earl) v. Bartholomew . . 2527 Margate Pier Co. v. Perry . . . 333 Margate Pier Co. v. Margate . . .1412 Margrie v . Westminster, (D. of) . . 634 Market Harborough v. Kettering . . 2458 Market Harborough v. Market Har. H. B. 2459 Marks v. Ford 604 Marlborough (D. of) v. Osborn . . 1904 Marriott v. Stanley .... 2294 Marsh v. Sheffield Guardians . . . 1798 Marshall v. Smith . . .261 ; cited 284 Marshall v. Ullswater Steam Nav. Co. cited 1991 Marson v. L. C. & D. E 615 Martin v. Pridgeon .... 1635 Martin v. Treacher .... 770 Marton v. Gorrill 2731 Mason v. Bibby 1109 Mason v. Birkenhead .... 771 Mason v. Hill 1844 Mason v. Wallasey .... 1474 Masters v. Pontypool . 262 ; cited 251 Mather v. Brown ..... 475 Matlock Bath District, Ex parte . . 7 Matson v. Baird 2219 Matthews v. Sheffield . . . .635 Maude v. Baildon . . . 1573 ; cited 1534 Maund v. Monmouth. Canal . . . 772 Mawby v. Hopkinson .... 2460 May v. Verity 673 Mayer v. Burslem 312 Mayhew v. Wardley .... 2346 Maynall v. Saltmarsh .... 2385 McBryde, Ex parte . . . .110 McDonald v. Workington . . .388 McHole v. Davies 1003 Mclntosh & Pontypridd . . .353 Mclntosh v. Eomford .... 1064 M'Carthy v. Metrop. B. W. . . . 717 M'Colla v. Clacton Gas Co. . . . 1710 Meader v. West Cowes .... 1475 Meadows v. Taylor .... 263 Medway Naviga. v. Eomney (E. of) . . 1845 Meek v. Langdon ..... 577 Meek v. Whitechapel . . . .927 Meeker v. Van Kensselaer . . . 804 Mellis v. Shirley 386 INDEX OF NAMES OF CASES. 201 Mellish, Ex parte . . . ... 1394 Mellor v. Heywood .... 928 Mercer v. Woodgate .... 2080 Merchants of Staple v. Bank of Eng. . 1424 Meredith v. Radcliffe . . . .327 Merrett v. Bridges. 1476 Merrick v. Wakley .... 805 Mersey Docks v. Gibbs . . 929; cited, 919 Metcalfe, Ex parte 476 Metrop. Asyl. Man. v. Hill . . .636 Metrop. B. W. v. Anthony . . . 264 Metrop. B. W. v. Clever . . .1574 Metrop. B. W. v. Cox . . . . 1575 Metrop. B. W. v. Eaton .... 1413 Metrop. B. W. v. Flight .... 1609 Metrop. B. W. v. Lathey . . . 1576 Metrop. B. W. v. L. N. W. E. . . . 1477 Metrop. B. W. v. Metrop. E. . . . 718 Metrop. B. W. v. Nathan . . .265 Metrop. B. W. v. New River Co. . .1711 Metrop. B. W. v. South Eastern Railway . 2665 Metrop. B. W. v. Steed .... 1577 Metrop. B. W. v. Willesden . . .1478 Middle sborough v. Walton . . .1307 Middlesborough v. Yorkshire, N. E. JJ. , 1932 Midgley v. Coppock .... 674 Midland E. v. Great Wigston . . . 1001 Midland E. v. Watton .... 1308 Midland E. v. Withington . . . 1309 Migotti v. Colville .... 1619 Mildred v. Weaver .... 2034 Mile End v. Whitechapcl . 1310; cited 1347 Mill v. Hawker 773 MHlington v. Griffiths .... 1747 Mills v. Eydon 1311 Milnes v. Huddersfield .... 1712 Milton v. Faversham H. B. . . . 1631 Milward v. Eedditch .... 1578 Minor v. Gillmore ..... 1846 Mitchell v. Has well Co-op. Soc. . . 2081 Mogg v. Bocken 1479 Mogg . Clark . . . 477; cited 511 Moir v. Williams 211 Molloy v. Gray 1480 Montagu v. Goole ..... 1312 Montreal v. Drummond .... 1579 Moody v. Leach ..... 547 Moore v. Lambeth . . . 930 ; cited 923 Moore v. Raweou ..... 2035 Moorhouse v. Linney .... 478 Morant v. Chamberlain .... 2082 Morant v. Taylor . . . 824 ; cited 186 Morgan v. Hart 931 Morgan v. Kingdon .... 1065 Morgan v. Leach ..... 2295 Morgan v. Swansea . . . .719 Morisli v. Hariss ..... 212 Morley, In re 1387 Morris v. Jeffries 2318 Morris v. Johnson ..... 42 Morton v. Green ..... 43 Mose v. Hastings Gas Co. . . . 578 Mouflet v. Cole 438 Mould v. Williams .... 2296 Mountstephen v. Lakeman . . . 387 Mourilyan v. Labalrnondiere . . . 430 Mulholland v. Belfast .... 147 Munro v. Watson . . . . .313 Murch v. Baker .... 2347 Murdoch v. London Tramways . . 1648 Murley v. Grove 932 Muspratt v. Hussey .... 675 Nankivell v. Bournemouth . . .185 Nat. Manure Co. v. Donald . . . 1847 Nat. Mod. Dwell, v. St. George . . 1481 Neath Canal v. Neath .... 1002 New River Co. v. Johnson . . . 1848 New River Co. v. Kitchener . . . 2348 New River Co. v. Mather . . . 1713 New River Co. v. Ware .... 1482 Newbold v. Coltman . . . .825 Newcastle-under-Lyne v. N. S. R. . 2213 Newhaven L. B. v. Newhaven School B. . 479 Newhaven Water v. Newhaven L. B. . 1714 Newington v. Cottingham . . 1483 Newington v. Eldridge . 328 Newington v. N. E. R. . . . 1377 Newington v. Wright . . 1313 Newman v. Baker . . 826 Newport Bridge, In re . . 2716 Newport v. Graham . . 1314 Newton v. Ellis . . 933 Newton v. Monkcom . . 548 Newtonards v. Woods . . 1066 Nichol v. Beaumont . . 2115 Nicholl v. Allen . . . 2717 Nicholls v. Marsland 934 ; cited 889 Nicholld v. Parker . . 2518 Nicholson v. Bradfield Union . . 389 Nicholson v. Fields . . . 416 Nisbet v. Greenwich .... 1315 Niven v. Greaves . . . . .1 178 Norbury (E. of) v. Kitchen (1) (1862) . 1849 Norbury (E. of) v. Kitchen (2) (1863) 1850 ; cited 1846 Norbury (E. of) v. Kitchen (2) (1867) . 1851 Normanton Gas v. Pope .... 579 Norris v. Barnes . . . . .1179 Norris v. Jeffries . . . . .2318 North Brierley v. Lane. & Yorks. Rail. . 2666 North British R. v. Holme Cultram . 160 North East. E. v. Hull . . . .334 North East. E. v. Tynemouth . . . 1388 North Kent E. v. Badger . . .206 North London E. v. Met. B. W. . 720 North London E. v. St. Mary, Islington . 2647 North of England E. v. Langbaurgh . 2220 North Staffordshire E. v. Tunstall 1799 ; cited 1766 North Staffordshire R. v. Dale . .2221 Northam Bridge v. L. & S. R. '. . 1664 Northampton v. Ward .... 1067 Northumberland Whinstone Co. v. Aluwick 2492 Nowell v. Worcester .... 390 Nuneaton v. Gen. Sewage Co. . . 1484 Nunn v. Denton . 616 Nuttall v. Bracewell .... 1852 Nutter v. Accringtou . . 2638 ; cited 2642 Nutton v. Wilson 417 O. Ogilvie . Blything U 1800 Ogilvy v. Caledonian Railway 935 ; cited 25 Ohrby v. Ryde . . . . .1950 INDEX OF NAMES OF OASES. Oldaker v. Hunt 1801 Opcnshaw v. Oakeley .... 989 Ossalinsky v. Manchester Corp., In re . 1715 Over Darwen v. Lancaster JJ. (1) . . 1933 Over Darwen v. Lancashire JJ. (2) . 1649, 2461 Overton v. Freeman .... 936 Owen v. Davies ..... 1853 Oxenhope v. Bradford .... 2639 Oxford L. B. v. Oxford Tram. Co. . .1650 P. Paddington Burial B. v. Inland Revenue 620a Paddington v. Bramwell . 1316 Paddington v. Snow . . 186 Padwick v. Knight . . 2528 Pain v. Boughtwood . . 44 Pain v. Patrick . . . 2386 Paine v. Strand Union . . 391 Pallister v. Gravesend . . 161 Pappin v. Maynard . . 2349 Parker v. Inge ... 1871 Parkins v. Priest ... 2319 Parkinson v. Blackburn . . 1110 Parry v. Croydon Gas Co. . 1748 Parsons, Ex parte . . . 1485 Parsons v. Birmingham Dairy Co. 45 Parsons v. St. Matthew, B. G. 1951 Parsons v. Timewell . . 267 Pashler v. Stevenitt . . 46 Passey v. Oxford ... 1154 Patterson v. Chamber Colliery. 1180 Pauling v. Dover . . . 392 Payne v. Brecon . . . 1089 Payne v. Burridge . . . 676 Payne v. Wright ... 268 Peachey v. Rowland . . 937 Peake v. Finch ley ... Ill Pearce v. East Ashford . . 1934 Pearson v. Kingston-on-Hull . 269 Pease v. Paver . . . 2350 Peek v. Waterloo and Seaforth 1237 Pellew v. Wonford . 1620 Pendlebury v. Greenhalgh . 938 Pennington v. Brinsop Coal Co. 1819 Penryn v. Best ... 1068 Pentney v. Lynn . . . 354 Perkins v. Arber . . . 1069 Peters v. Clarson . . . 1905 Peto v. West Ham . 993 Petrie v. Nuttall . . . 2002 Pettiward v. Metrop. B. W. . 355 Phelps v. Upton Snodsbury . 1887 Phillips v. Foxhall . . 1603 Phillipi-s v. L. B. S. C. R. . 2222 Pickering H. B. v. Barry . 2493 Piercy v. Harding . . 1716 Piercy v. Pope . . . 1717 Pilgrove, Ex parte . . 131 Pinchin v. L. & Black wall R. . 721 Pinckney v. Ewens . . 1155 Pinnock v. Waterworth . . 1486 Pipe v. Fulcher . . . 2003 Pitchforth v. Acton . . 221 Pitt-Rivers v. Glasse . . 2351 Pitts v. Ktngsbridge H. B. . 2529 Plant v. Pease . . . 2297 Player v. Jenkins . . . 604a Plimmer v. Wellington . . 1439 Plumstead v. British Land Co. . . 1317 Plumstead v. Eccl. Commrs. . . . Plumstead v. Ingoldby .... 1319 Plumstead v. Planet Soc. . . . 1319 Pocock v. Brighton .... 939 Pool and Forden H. B. v. Gunning 2494 ; cited 2500a Poole v. Huskinson . . . 2083 Pope v. Tearle . ... 47 Pope v. Whalley . ... 1070 Popham v. Pickburn . . . 978 Poplar B. W. v. Knight . . .213 Poplar B. W. v. Love .... 1320 Poplar B. W. v. North Metrop. Tram. . 187 Portman (Visct.) v. Home Hospitals . 637 Portsmouth v. Smith 1534; cited 1284, 1298, 1573 Potter v. Perry 2116 Potton v. Brown 994 Poulsom v. Thirst . . . Poulters' Co. v. Phillips . Pound v. Plumstead B. W. Powell v. Fall Power v. Wigmore . . Powers v. Bathurst Powles v. Hider . . . Prescott v. Nicholson Prestney v. Colchester . Preston (Mayor) v. Fullwood L. B. Pretty v. Bickmore Pritchard v. Bangor Proctor v. Cheshire C. C. . Pryor v. Pryor Pudsey Gas Co. v. Bradford . Pullen and Liverpool, In re . Purcell v. Sowler . Purnell v. Wolverhampton W. Co. Pyer v. Carter . . Queen (The) v. Burrell . Quick v. St Ives . . . Quinby v. Liverpool Quinton v. Bristol .... It. Race v. Ward .... Radcliffe v. Bartholomew Raglan H. B. v. Monmouth Mills Co. Ramsdale, Ex parte Ramsden v. L. & Y. R . Ranifcden v. Manches. S. J. & A. Ry. Co. Ramsden v. Yeates Ramuz v. Southend L. B. Runkiu v. Forbes .... Ravensthorpe v. Hinchcliffe . llawlinsv. Biggs .... Rawlins v. West Derby Rawstron v. Taylor Rayner, Ex parte .... Read v. Bullen .... Read v. Coker .... Read v. Perrett .... Reay v. Gateshead . . . Reddin v. Metropolitan B. W. Reed v. Jackson .... Reg. v. Adderbury, East. Reg. v. Aldborough 940 314 1321 2352 1610 2052 605 1322 774 1718 677 480 2737 2053 580 722 979 1719 453 1535 995 270 723 2054 1621 2495 1378 941 724 2530 2387 2262 188 678 1111 1854 112 1323 1112 189 271 725 2004 2667 2005 INDEX OF NAMES OF CASES. 203 2412 2131 1952 2413 2563 775 481 482 2091 2438 2439 2538 861 2414 1212 483 2668 1953 2440 2640 595 2462 1952 1906 2718 1379 8 2223 484 2006 485 549 1907 1536 852 2539 2476 2388 2441 1820 486 2055 2719 2669 1414 487 2540 827 2056 2670 2541 2671 2672 853 4, 1298 2007 1954 867 113 1888 272 2415 2542 3d 1634 2648 2416 1015 2263 2057 Reg. v. Clark . . . Reg. v. Claxby .... Reg. v. Cleckheaton Reg. v. Clerk of Bury Guard. . Reg. v. Cloete .... Reg. v. Glutton Union . Reg. v. Cluworth .... Reg. v. Coaks .... Reg. v. Cockerell .... Reg. v. Colling . . . 2546 ; Reg. v. Collins . . .489 Reg. v. Colne Val. Gas Co. Reg. v. Combe .... Reg. v. Cooban .... Reg. v. Cooper .... Reg. v. Cottle .... Reg. v. Cousins .... Reg. v. Coward .... Reg. v. Crawley .... Reg. v. Cricklade St. Sampson Reg. v. Cross .... Reg. v. Croydon Tram. Co. Reg. v. Cumberland Reg. v. Cumberland JJ. . Reg. v. Darlington Corp. (1878) Reg. v. Darlington L. B. H. . Keg. v. Darlington School Reg. v. Deal JJ Reg. v. Deighton .... Reg. v. Denton (1) (1852) Reg. v. Denton (2) (1864) Reg. v. Derbyshire Inhab. Reg. v. Derbyshire JJ. . . 2543 . 2544 . 2545 . 488 . 2146 . 1487 . 2463 . 868 . 1016 cited 2118 ; cited 492 . 581 . 726 . 490 . 1908 . 1633 . 869 . 491 . 550 . 2508 . 492 . 1651 . 844 . 1889 . 114 . 356 cited 1025 828 . 493 . 2547 . 2548 . 2649 . 2092 996 Reg. v. Arkwright . Reg. v. Arnould . Reg. v. Ashby Folville . Reg. v. Askerton Reg. v. Aspinall . Reg. v. Avery Reg. v. Backhouse Reg. v. Bagge Reg. v. Bamber Reg. v. Barker . , Reg. v. Barnard Castle . Reg. v. Barnet Reg. v. Barnoldswick Reg. v. Bateman . Reg. v. Beckwith . Reg. v. Bedfordshire Inhab. Reg. v. Bedfordshire J J. . Reg. v. Beeby Reg. v. Belper Reg. v. Bennett Reg. v. Berks. JJ. (1840) Reg. v. Berkshire JJ. (1857) Reg. v. Best . Reg. v. Betts Reg. v. Bideford . Reg. v. Bird . Reg. v. Birmingham & Glouce Reg. v. Blanshard . . Reg. v. Bliss Reg. v. Blizard . . Reg. v. Blount Reg. v. Bluffield . sterK y- 791 Reg. v. Botfield .... Reg. v. Bouverie .... Reg. v. Bowles .... Reg. v. Bradfield Reg. v. Bradford Navigation . Reg. v. Bradley .... Reg. v. Brailsford . 870 Reg. v. Dix ..... Reg. v. Dolgelly Union . . . Reg. v. Dorling .... . 1909 73 . 1369 . 2673 Reg. v. Dover Corporation . Reg. v. Dover Recorder . . Reg. v. Down Holland . Reg. v. Drayton .... Reg. v. Dukinfield . . . . 1259 . 1935 . 2549 . 1910 . 1955 . 2264 Reg. r. Brecknock (1) (1849) . Reg. v. Brecknock (2) (1850) . Reg. v. Bridge . Reg. v. Briggs Reg. v. Brightside Bierlow 997 Reg. v. Dunraven (E. of) 2298 Reg. T. Eardisland . . . cited 2561 Reg. v. E. & W. India Docks & B. J. R. . 2224 Reg. v. E. & W. India Docks (1888) . 2674 Reg. v. E. C. R 2225 Reg. v. East Hagboume . 2509 Reg v East Mark . 2036 Reg. v. Broke Reg. v. Buckinghamshire Reg. v. Buckland . . . Reg. v. Bucklugh Reg. v. Bucknall . Reg. v. Burleigh (Burley) Reg. v. Burnup . . 1324 ; cited 128 Reg. v. Burney .... Reg. v. East Stoke . 2550 . 494 Reg. v. Burrell . Reg. v. Burrows . . . 495 Re" 1 v Ellis (2) . . 2496 Reg. v. Burslem .... Reg. v. Bush . Reg. v. Carruthers Reg. v. Central Wingland Reg. v. Challicombe . Reg. v. Charlesworth . 1632, 2084 ; cit Reg. v. Chart . Reg. v. Cheshire JJ. ... Reg v Ely . 2675 . 1537 . 148a . 1966 . 776 . 980 Reg. v. Farrer . . . 2417 ; cited 2416 . 2389 . 2551 Reg. v. Chittenden . . 2174 . 2390 204 INDEX OF NAMES OF CASES. Reg. v. Flintshire JJ. Beg. v. Foster Beg. v. Foulkes Beg. v. Franklin . Beg. v. French Beg. v. Fullford . Beg. v. Gaisford . Beg. v. Garland Beg. t;. Gascoigne . Beg. v. Gaskarth . Beg. v. Gate Fulford Beg. v. Gee . Beg. v. Gibbon . 1966 48 . 777 . 496 . 2464 . 1580 . 829 . 1156 . 1890 . 418 . 2510 165 830 ; cited 831 1395 Beg. v. How . . Beg. v. Huntingdon JJ. Beg. u. Huntingdonshire JJ. . Beg. v. Hutchins . Eeg. v. Hutchinson Beg. v. Ingham Eeg. v. Ips tones Beg. v. Ireland Eeg. v. Jacobson Eeg. v. James . Beg. v. Jarvia Reg. v. Jay . Eeg. v. Jenkins . . Eeg. v. Johnson (1) (1859) Beg. v. Johnson (2) (I860) . Eeg. v. Johnson (3) (1865) . Reg. v. Jones (1873) Reg. v. Jones (1878) Eeg. v. Jones (1) (1840) . Beg. v. Keighley Guardians . Reg. v. Kent JJ. . . 1892 . 833 . 2132 . 1326 . 2466 . 1583 . 2561 . 503 . 222 . 2562 . 551 . 255 . 834 . 2117 . 2392 . 2563 . 872 79 . 2148 . 854 . 1872 223 Beg. v. Gloucestershire . Beg. v. Godmanchester . Beg. v. Goole Beg. v. Gosse Beg. v. Grasmere L. B. . Beg. v. Great Broughton Eeg. v. G. N. of England By. Eeg. v. G. N. B . . 2676 . 1488 . 273 . 792 9 . 2552 . 2226 . 727 . 1581 . 2625 . 1489 74 75 76 . 1582 . 497 . 778 2553 ; cited 2624 . 850 . 498 862 . 871 . 831 728 Eeg. v. G. W. B. . Beg. v. Greenhow . Beg. v. Greenwich Eeg. v. Griffiths (1851) . Beg. v. Griffiths (1857) . Beg. v. Grinishaw . Beg. v. Hackney . Beg. v. Hague . Eeg. v. Halifax Eeg. v. Halliday . Eeg. v. Ham Beg. v. Hammond Beg. v. Hampshire JJ. . Beg. v. Hampton '. Beg. t>.-Handsley . . 1912 Beg. v. Kettering .... Reg. v. Kingsbridge Eeg. v. Kingswinford Beg. v. Kirby . . . . 1855 . 1893 . 998 . 504 . 2353 999 Beg. 17. Lambeth Surveyors Beg. v. Lambeth Vestry . . Beg. v. Lancashire JJ. (1) (1857) . Beg. v. Lancashire JJ. (2) (1878) . Beg. v. Lancashire JJ. (3) (1880) . Reg. v. Lancaster & Preston By. . 2564 . 582 . 2175 . 2393 . 835 . 357 . 2565 Beg. v. Langton .... Reg. v. Leamington Corp. Beg. v. Lee (1) (1878) . Reg. v. Lee (2) (1876) . Reg. v. Lee (3) (1882) . Reg. v. Leeds & Brad. E. . 729 Reg. v. Leicestershire JJ. . . Beg. i;. Leicestershire JJ. Eeg. v. Lepine .... . 873 . 149 . 1238 . 2566 . 836 ; cited 728 . 1625 . 1979 . 2265 . 2265 Beg. v. Hardy ... 10 Eeg. v. Harrald 499 Eeg. v. Harrington .... 796 Reg. v. Hartley 545 Beg. v. Hartshorn 500 Eeg. v. Harvey . . . 2147; cited 219 Reg. v. Harvey 2154 Beg. v. Haslemere . . 2554 ; cited 2578, 2584 Reg. v. Hastings 1385 Beg. v. Haughton 2555 Eeg. v. Hawkhurst(l) (1862). . . 2037 Eeg. v. Hawkhurst (2) (1862). . . 2556 Eeg. v. Hazley 501 Beg. v. Heage ..... 2418 Beg. v. Lewes Corporation . . Reg. v. Lewis .... Reg. v. Lincoln Corporation . Eeg. v. Lincoln, Mayor . . . Eeg. v. Lindsey JJ. Beg. v. Lister .... Beg. v. Liverpool, Mayor (1872) Beg. v. Liverpool, Mayor (1873) Beg. v. Livesey .... Beg. v. Llanduduo . . . Beg. v. Llewellyn . . . Reg. v. Local Gov. Board (1*73) Reg. v. Local Gov. Board (1) (1873) Reg. v. Local Gov. Board (2) (1878) Reg. v. Local Government Board (3) (1 Beg. v. Loc. G. Bd. and Taylor 102u ; Eeg. v. Local Gov. Brd. Ireland . Reg. v. L. N. W. E. . . 2365 . 2320 . 1017 . 2657 . 1894 . 2266 . 150 . 1260 . 1327 . 214 . 1873 9 . 1018 . 1019 88.5) 1936 cited 1319 . 1021 . 1956 . 505 . 505 . 2227 . 837 . 2394 Beg. v. Heal . . . 2391 Beg. v. Healough 2557 Eeg. v. Heanor . . . . 2558 Beg. v. Heath ... 1891 Beg. v. Hereford C. C 2751 Beg. v. Hertfordshire JJ. . . 832, 2465 Beg. v. Heytesbury .... 2559 Beg. v. Heyworth 990 Eeg. v. Hickling (1) (1845) . . . 2519 Reg. v. Hickling (2) (1845) . . . 2560 Beg. v. High Halden . . . .2419 Beg. v. Hillingdon . . . 1911 Reg. v. Lochhouse .... Beg. v. Lofthouse .... Beg. v. London & Birm. By. . Eeg. v. London C. C. Beg. v. Hiorns .... 502 Eeg. v. Holt 1325 Beg. v. Horley 2038 Beg. v. Hornsea . . . 2626 ; cited 2625 INDEX OF NAMES OF CASES. 205 Reg. v. London Sewers . . 27-t Reg. v London & Southamp. R. . 2228 Reg. v. Peterborough .... 855 Reg. r. Long. . . . 1636; cited 1637 Reg. v. Petrie . . . 2058 ; cited 2052 Reg. r. Longton Gas Co. . 583 ; cited 581 Reg. v. Lordsmere (1) (1850) . . 2008 Reg. v. Lordsmere (2) (1886) . . 2567 Reg. v. Phillips . . 2150 ; cited 2161 Reg. v. Lovibond .... . 779 Reg. v. Pickering .... 2444 Reg. f. Lundie .... . 315 Reg. v. Platts .... 1957 Reg. v. Manchester & Leeds By. . 2216 Reg. v. Plenty . . . .509 Reg. v. Manchester, Mayor (1) (1857) . 2568 Reg. v. Pocock .... 942 Reg. v. Manchester, Mayor (2) (I860) . 2467 Reg. v. Pollard (1) (1866) . . .839 1328 Reg. v. Pollard (2) (1873) . . . 840 Reg. v. Martin . 2569 Reg. v. Poole, Mayor .... 2574 Reg. v. Mathias . 2267 Reg. v. Poor Law Board . . . 1397 Reg. v. Maule . 2149 Reg. v. Poor Law Commiss. (1837) . . 1022 Reg. v. Maybury . . 2395 Reg. v. Poor Law Commiss. (1854) . . 530 Reg. r. Merionethshire . 2720 Reg. v. Postmaster-General (1876) . . 358 Reg. v. Metrop. B. W. (1) (1863) . . 1856 Reg. r. Powell (1) (1873) , . . . 2133 Reg. v. Metrop. B. W. (2) (1869) . . 730 Reg. v. Powell (2) (1884) . . .316 Reg. r. Metrop. B. W. (3) (1877) . . 1584 Reg. v. Pratt (1) (1867) .... 2321 Reg. v. Metropolitan Sewers . . 115 Reg. v. Pratt (2) (1870) . . . .841 Reg. v. Meyer .... . 838 Reg. v. Prest 151 Reg. v. Middle Level . 2658 Reg. v. Preston Corporation . . . 275a Reg. v. Middlesborough . . 190 Reg. v. Preston Inhabitants (1) (1838) . 2470 Reg. v. Middlesex JJ. (1) (1853) . Reg. v. Middlesex JJ. (2) (1881) . . 1000 . 863 Reg. v. Preston Inhabitants (2) (1839) . 2575 Reg. v. Preston (3) (1848) . . . 2471 Reg. v. Middlesex (3) (1882) . 176 Reg. v. Priestley 842 Reg. r. Middleton N. Committee . 1622 Reg. v. Ramsden ..... 2445 Reg. v. Midgley .... . 2176 Reg. v. Ramsgate . . . 1611 ; cited 1613 Reg. r. Midland Ry. (1875) . . 1001 Reg. v. Rand 843 Reg. v. Midville .... . 2420 Reg. v. Randall 1916 845 Re*", v. Rathmines .... 2627 Reg. v. Milton .... . 2570 Reg. v. Rawson 2230 Reg. v. Mizen .... . 2442 Reg. v. Read ..... 144 Reg. v. Monmouthshire . . 2716 Reg. v. Richardson .... 1914 Reg. r. Morgan .... . 506 Reg. v. Rigby 2231 2468 Re"", v. Rippon ..... 510 Reg. r. Morton .... . 874 Reg. v. Robinson (1851) . . . 1023 Reg. v. Mourilyan .... . 430 Reg. v. Robinson (1855) . . . .524 Reg. v. Mutters .... . 2268 Reg. v. Rollett 2423 Reg. v. Myers .... 838 Reg. v. Rose .... 317, 1915 Reg. v. Neath Canal . 1002 Reg. v. Rotherham .... 1538 Reg. v. Nether Hallam . . 2511 Reg. v. Russell 2398 Reg. v. Newbold .... . 2571 Reg. v. Rye 1003 Reg. v. Newcastle .... . 275 Reg. v. St. Albans JJ 2473 Reg. v. Newmarket Ry. . . 2229 Reg. v. St. Alban's 861 Reg. v. Newport .... . 1329 Reg. v. St. Andrew H. . . . . 590 Reg. v. New Sarum . 2677 Reg. v. St. Luke's, Chelsea (1) (1862) . . 856 Reg. v. Nicholson .... . 191 Reg. v. St. Luke's, Chelsea (2) (1872) . 731 Reg. v. Norfolk C. C. . . 2745 Reg. v. St. Martin's-in-F. Guar. . . 875 Reg. v. Norfolk JJ. ... . 2091 Reg. v. St. Mary, Islington . . 1585 Reg. v. Norfolk Sewers . . 1261 Reg. v. St. Mary, Lambeth . . 2576 Reg. v. Northosvram and Clayton . 11 Reg. v. St. Marylebone . . .312 Reg. r. Norwich, Mayor (1) (1838) . . 1396 Reg. v. St Pancras Inspectors 512; cited 511 Reg. r. Norwich, Mayor (2) (1882) . . 1425 Reg. v. Saffron Walden . 439 Reg. v. Odell .... . 2421 Reg. v. Sainthitt . . . 2678 Reg. v. Owens .... . 507 Reg. v. Saintiff . . . 2678 Reg. v. Oxford & Witney Trust . 2422 Reg. v. Sandou . . . 2577 Reg. v. Oxfordshire. . . . . 999 Reg. v. Saunders . . . 1916 Reg. v. Packwick .... . 1980 Reg. v. Scott . . . 2232 Reg. v. Paddington . 1490 Reg. v. Sharpe . . . 2233 Reg. v. Pad wick .... . 1980 Reg. v. Sheffield Canal . . . 2446 Reg. v. Paget .... . 2396 Reg. v. Sheffield Corp. . ... 1262 Reg. r. Parkinson .... . 508 Reg. v. Sheffield Recorder . . 1330 Reg. v. Parlby .... . 1213 Re" v Sheil . . 1586 Reg. v. Patty .... . 2469 Reg. v . Sherborne L. B. . . . 1874 Reg. v. Paul .... . 2572 Reg. v. Shiles . . . cited 2150 Reg. v. Paynter . 1913 Reg. v. Shropshire JJ. . . 1623 Rear. v. Pembridgre 2573 Ree. v. Siblev 1263 206 INDEX OF NAMES OF CASES. Reg. v. Sidebotham . . . Keg. v. Slawstono .... . 1587 . 1113 . 2322 . 2153 . 2585 lleg. v. Wandsworth . . . Reg. v. Warblington . . . Reg. v. Ward (1) (1873) . Reg. v. Ward (2) (1879). Reg. v. Ware .... Reg. v. Warner .... . 1492 . 996 . 519 . 2009 . 943 650 Beg. v. Somersetshire JJ. (1858) Beg. v. Somersetshire JJ. . . Reg. v. Somersetshire . . . Reg. v.S. E. R. (1) (1853) . Reg. v. S. E. R. (2) (1876) . Reg. v. Southampton Co. (1) (1852). Reg. v. Southampton Co. (2) (1886) Reg. v. Southampton Co. (3) (1887). Reg. v. South Shields T. P. T. Reg. v. Soutter .... Reg. v. Staffordshire JJ. (1855) Reg. v. Staffordshire JJ. (1867) Reg. v. Staines . . . Reg. v. Stainhall . . Reg. v. Staples . Reg. v. Stennett Reg. v. Stephens Reg. v. Stephen son . . . Reg. v. Steveutou .... . 1004 . 2410 . 2679 . 2234 . 2680 . 2650 2651 ; cited 2652 . 2652 . 2472 . 511 . 317 ' . 793 . 1491 . 2578 . 876 . 224 . 1821 . 552 . 2579 224 Reg. v. Warwickshire JJ. Reg. v . Waterhouse . . . Reg. v. Watford .... . 617 . 1181 . 2586 . 2314 Reg. v. Watts . . . . Reg. v. Waverton .... . 1214 . 2587 . 2447 Reg. v. Wednesbury . . . Reg. v. Welch .... Reg. v. Wells Water Co. Reg. v. Westmark .... Keg. v. West Midland R. Reg. v. Wexford .... Reg. v. Weymouth JJ. . . 845 . 787 77 . 1720 . 2096 . 116 . 1721 ; cited 830 . 1875 . 1005 . 2134 Reg. v. Whitchurch Reg. v. White (1) (1843) . 2475; Reg. v. White (2) (1853) Reg. v. White (3) (1867) Reg. v. White (4) (1879) Reg. v. White (1884) . Reg. v. Whiteley .... Reg. v. Wigan Churchwardens . 1883 cited 2484 584 . 520 50 . 1263 . 1611 . 162 558 2580 Reg. v. Strachan . Reg. v. Strand B. W. . Reg. v. Sturge Reg. v. Surrey JJ. (1) (1852) Reg. v. Surrey JJ. (2) (1861) Reg. v. Surrey JJ. (3) (1869) Reg. v. Surrey JJ. (4) (1870) Reg. r. Surrey JJ. (5) (1872) Reg. v. Surrey JJ. (6) (1892) Reg. v. Sussex (1864:) . Reg. v. Sussex Reg, v. Sussex (1857) . Reg. v. Sussex Sewers . Reg. v. Sutton Reg. v. Swindon . Reg. v. Tamworth . Reg. v. Tart . Reg. v. Tatham Reg. v. Tewkesbury Reg. v. Thomas . . Reg. v. Thompson . Reg. v. Thwaites . Reg. v. Tong Street Reg. v. Trafford . Reg. v. Train . Reg. v. Trimble Reg. v. Tugwell . Reg. v. Tunstall Turnpike Reg. v. Turmine . Reg. v. Turweeton . Reg. v. United K. Telegraph C Reg. v. Upton St. Leonard's Reg. v. Uttermere . . Reg. v. Vaile. Reg. v. Vice Registrar of Land Reg. v. Vowchurch . Reg. v. Wadhurst . . Reg. v. Wakefield . Reg. v. Wakefield, Mayor Reg. v. Walker Reg. v. Wallace (1) (1878) Reg. v. Wallace (2) 1879) 513 166, 2520 . 2399 . 2581 . 2093 . 2177 . 2135 . 2151 . 2136 . 1895 cited 2175, 2186 . 997 . 1440 . 2681 . 1239 . 152 . 514 . 650 515; cited 485 . 2094 . 276 516 . 517 . 2474 . 2269 . 844 518 . 277 . 434 . 2582 o. . . 2118 . 2583 . 1917 . 1611 1539 ; cited 1325 . 2584 . 1958 49 . 2628 . 1024 . 1157 . 2152 359 Reg. v. Wigan, Mayor . . . Reg. v. Wigg .... Reg. v. Wilkinson .... Reg. v. Williams .... Reg. v. Williamson Reg. v. Wilson .... Reg. v. Wilts and Berks Canal Co. . Reg. v. Wilts JJ Reg. v. Winchester JJ. . Reg. v. Wolstenholme . Reg. v. Wood. .... Reg. v. Wood Ditton R< g. v. Worcestershire JJ. . 2154 ; Reg. v. Worksop L. B. (1857). Reg. v. Worthing Roads. . . . 521 . 1121 . 1006 . 1637 . 2497 . 2235 . 329 . 2476 . 846 192 . 317 . 2236 cited 2147 2 . 2477 . 2172 Reg. v. Wycombe Railway Reg. v. Yarkhill .... Reg. v. Yea don .... Reg. v. York & N. M. R. Reg. v. Yorkshire N. R. JJ. . Reg. v. Yorks. W. R. JJ. (1) (1841). Reg. v. Yorks. W. R. JJ. (2) (1862) Reg. v. Yorks. W. R. JJ. (3) (1865). Reg. v. Young .... Reid v. Darlington . . . Rex v. Adey . ... Rex v. Arnold Rex v. Ashwell Rex v. Bagshaw Rex v. Baldwin . 2237 . 2588 . 2137 cited 2464 . 2178 . 1981 . 2179 . 1896 . 2400 944 . 2180 . 522 . 318 . 1959 . 1918 . 2155 Rex v. Barr Rex v. Bedford Level Corp. Rex v. Bishop Auckland . 2059 78 . 2589 . 2590 INDEX OP NAMES OF CASES. 207 Rex v. Buckingham J J. . Rex v. Buckinghan Rex v. Bucks Co. Rex v. Burnett Rex v. Cambridges Rex v. Carlile Rex v. Casson Rex v. Chadderton Rex v. Cheshire JJ. Rex v. Clifton Rex v. Cotton Hex v. Crewe . Rex v. Cross (1) (1812) Rex v. Cross (2) (1826) Rex v. Crunden Rex v. Cumberland Rex v. Cumberw Rex v. Cumberv Rex v. Curwood Rex v. Davey Rex v. Deribighs. Rex v. Denbyshire . Rex v. Derby Co. Rex v. Devon (1) (1811). Rex v. Devon (2 ; (1824). Rex v. Devon (3) ( Rex v. Devonshire Rex v. Dewsnap Rex v. Dixon Rex v. Downshire ( Rex v, Downshire ( Rex v. Eardisland Rex v. Eastington Rex v. Ecclesfield Rex v. Edge Lane Rex v. Edmonton Rex v. Egerly Rex v. Essex JJ. Rex v. Faversham Rex v. Flecknow Rex v. Fowler Rex v. Gamlingay Rex v. Glamorgan Rex v. Great Broughton Rex v. Great Canfield Rex v. Gregory Rex v. Hamond Rex v. Hartford Rex v. Haslingfield Rex v. Hatfield Rex v. Hatfield Rex v. Hayman Rex v. Hendon Rex v. Hertford Rex v. Homer Rex v. Hudson Rex v. Incledon Rex v. Ireton Rex v. Jonea Rex v. Joule . Rex v. Kent (1) (1811) Rex v. Kent (2) (1814) Rex v. Kent JJ. (1823) Rex v. Kent JJ. (1830) Rex v. Kenyon Rex v. Kerrisoi Rex v. Kerrisoi Rex v. Kettleworth Rex v. Kingsmoor . oi JJ 2721 Rex v. King's Newton . . 1920 m (M. of) . . . 2682 Ilex jj. Kirk .... . 2163 2683 . 2603 638 Rex v. Lancashire Inhabitants . 2693 ihireJJ. . . . 2156 Rex v. Lancashire JJ. . . 2604 . 2270 ; cited 1553 Rex v. Landulph . . 167, 2430 . cited 2141 Rex v. Leake . 2431 i 2591 Hex v. Lewis . 1983 J 847 Rex v. Lincombo . . . . 2605 2592 Rex v. Lindsey ... 2694 2448 Rex v. Liverpool, Mayor . 2606 2160 Rex v. Llandilo Roads . . 2119 812) . . . .606 Rex v. Lloyd (1) (1802) . . 1216 826) .... 1158 Rex v. Lloyd (2) (1808) . . 2060 145 Rex v. London Mayor . . 523 d cited 2685 Rex v. Loughton . . 2607 th (1832) . 2478 ; cited 2424 Rex v. Lyon .... . 2010 th(1836) . . . 2479 Rex v. Machyulleth (1) (1821) . 2695 1215 Rex v. Machynlleth (2) (1823) . 2696 1159 Rex v. Mann . 2608 re JJ. (1822) . . 2163 Rex v. Manning . 2531 1919 Rex v. Medley . 1749 2653 Rex v. Mellor . 2629 [1811). . . . 2659 Rex v. Middlesex Inhabitants . 2697 [1824). . . . 2684 Rex v. Middlesex JJ. . 2164 (J825). . . . 2685 Rex v. Milverton . . 2165 (4) (1833) . . . 2686 . 2273 . 1182,2271 Hex v. Neil .... . 1160 2593 Rex v. Netherthong . 2432 (M. of) . . . 2157 Rex v. B. Neville . . 1161 (March, of). . . 2594 Rex v. S. Neville . . 1162 2595 Rex v. New Windsor . 2609 2596 Rex v. Northampton Co. . 2698 2597 Rex v. Norwich & Waddon Rd. . 1960 2424 Rex v. Nottingham Old W. Co. 857 2425 Rex v. Old Malton . 2610 2323 Rex v. Oswestry . . 2699 2181 Rex v. Oxfordshire (1) (1812) . . 2700 i 319 Rex v. Oxfordshire (2) (1825) . . 2701 2512 Rex v. Oxfordshire (3) (1830) . . 2654 1982 . 2630 2598 . 1663 i .... 2687 Rex v. Pease . . . . 1217, 2238 ighton . . . 2426 679 field .... 2599 . 2433 215 Rex v. Rawlinson . 607 2401 . 2514 2600 Rex v. Robinson . . 1540 d 2427 . 2166 )(1820) . . . 2428 5) (1835) . . . 2513 Rex v. Russell 2274 2449 Rex v. St. Albans JJ. 1922 2688 Rex v. St. Andrew's, Holborn 2450 tire JJ. 2158 Rex v. St. Benedict 2039 2138 Rex v. St. George, H.S. . 2480 2085 -Rex v. St. Giles, Cambridge 2611 ; cited 2597, 2622 2159 Rex v. St. James, Taunton 2011 . 2601 Rex v. St. John's, Margate 2612 2272 Rex v. St. Marg., Westminster 419 2402 Rex v. St. Pancras 2613 1811) .... 2689 Rex v. St. Weonard's (1) (1833) 2614 1814) .... 2690 Rex v. St. Weonard's (2) (1834) 2615 1823) .... 2160 Rex v. Salop Inhabitants . 2702 1830) . . . .2161 Rex v. Sarmon 2275 2162 Rex v, Scarisbrick 2434 1)(1813) . . . 2691 Rex v. Severn & W. Ry. 2112 2) (1815) . . . 2692 Rex v. Sheffield . 2135 th 2602 . 2481 r . 2429 2631 208 INDEX OF NAMES OF CASES. Hex v. Smith 2276 Eex v. Somerset 2703 Hex v. Somersetshire . . . .2167 Rex v. Southampton Co. . . . 2616 Rex v. Starkey 1071 Eex v. Stead 2404 Rex v. Staffordshire JJ 2182 Rex v. Staughton 2013 Rex v. Strattbrd-on-Avon . . . 2704 Rex v. Surrey . . . 674 ; cited 2705 Rex v. Sutton (1) (1833) . . .2617 Rex v. Sutton (2) (1835) . . . 2706 Rex v. Taunton St. Mary . . .2618 Rex v. Townshend . . . .2521 Rex v. Townsend 2139 Rex v. Upper Papworth . . . 2619 Rex v. Upton-on-Severn .... 2620 Rex v. Vautandillo . . . .639 Rex v. Wandsworth .... 2621 Rex v. Ward 2277 Rex v. Washbrook . . . .1541 Rex v. Watts (1826) . . . .360 Rex v. Watts (1827) ... 1163 Rex v. Webb 1588 Rex v. White 1183 Rex v. Whitney 2655 Rex i;. Williamson .... 2403 Rex v. Wingfield 2451 Rex v. Winter 2168 Rex i7. Witney 2436 Rexv. Worcestershire . . . .2166 Rex 17. Wrexham Roads . . . cited 79 Rex 17. Wright 2515 Rex u. Yorks. W. R. Inhabitants (1) (1770) 2707 Rex v. Yorks. W. R. Inhabitants (2) (1773) 2708 Rex 17. Yorks. W. R. Inhabitants (3) (1788) 2709 Rex 17. Yorks. W. R. Inhabitants (4) (1802) 2710 Rex v. Yorks. W. R. Inhabitants (5) (1821) 2622 Rex v. Yorks. W. R. JJ. (1) (1798) . . 2404 Rex . Yorks. W. R. JJ. (2) (1828) . . 2183 Rex 17. Yorks. W. R. JJ. (3) (1833) . . 1624 Rex 17. Yorks. W. R. JJ. (4) (1835) . .2184 Rhodes 17. Airedale .... 361 Rhodes 17. Thomas 2299 Rice 17. Slee 1634 Rich 17. Basterfield 1184 Richards, Ex parte .... 79 Richards 17. Kessick .... 1331 Richards v, Swansea .... 732 Richards v. W. Middlesex Water Co. . 1722 Richardson 17. Brown .... 278 Richmond v. St. Paul's Chap. . . 1218 Richmond V. 17. Thames Conservators . 1802 Richmond W. Co. 17. Richmond Vestry . 1723 Rickett 17. Metropolitan Rail. Co. . . 733 Riddell 17. Spear 1493 Ridge 17. Midland Rail 1724 Ringland 17. Lowndes . . . .117 Ripon (E. of) 17. Hobart . . . .816 Rix 17. Borton 1961 Roads r. Trumpington .... 1225 Robbins v. Jones ..... 2086 Roberts 17. Bury Improv. Comm. . . 393 Roberts 17. Clarke 1133 Roberts v. Egerton .... 51 Roberts v. Falmouth .... 639a Roberts v. Hunt 2095 Roberts 17. Karr 2087 Roberts v. Priestley . . . .420 Roberts 17. Read Roberts v. Richards Roberts 17. Roberts . Roberts 17. Rose Roberts v. Sheffield . Robertson v. Birkett . Robertson & Thome, In re Robins 17. Merry . . . Robinson, Ex parte Robinson 17. Barton Robinson 17. Fulharn , , Robinson i>. Stevenitt Robshaw 17. Leeds . Rochdale Soc. i?. Rochdale Corp. Rochford v. Cheshunt Rochfort 17. Atherley Roderick 17. Aston . Rogers 17. Macnamara Rolfe v. Thompson . . Rollett v. Corringham Rolls 17. St. George's, Southwark Rolls 17. St. Mary's, Newington Rook 17. Hopley Roots 17. Beaumont Ross, Ex parte Rotherham 17. Fullarton . Rouch 17. Hall Rouse i;. Bardin . . , Rowell 17. Hartlepool . . Ruck 17. Williams . Rudland 17. Sunderland . Rugby 17. Merryweather . Rumball 17. Schmidt Russell 17. Devon . Russell 17, Shenton Russell 17. Trickett Rutledge 17. Farnham Ryan 17. Thompson Ryde Pier Co. . Porter . Rye i?. Paine Rylatt v. Marfleet . 2482; 2722; . 279 cited 2479 . 1857 . 1262 . 2324 . 680 . 280 . 524 . 281 . 640 . 1963 . 282 . 1090 . 945 67 . 1494 608 52 . 2423 . 2120 . 1332 53 . 618 . 512 . 2300 54 . 2040 . 946 . 947 . 283 . 2061 . 284 cited 1942 . 454 . 394 . 395 . 681 . 320 . 1219 . 2532 S. St. Geo. Han. Sq. B. B. 17. Hall . . 642 St. Geo. Han. Sq. 17. Sparrow 195; cited 171, 194 St. Giles', Camb. 17. Crystal Palace . . 1336 St. Giles', Camb. 17. Greenwich . . 1337 St. Giles', Camb. v. Hunt . . . 1338 St. Giles', Camb. v. Weller . 89 ; cited 1501 St. Helen's Chem. Co. v. St. H. C. . . 1165 St. Helen's Corp. 17. Riley . . .1240 St. Helen's Corp. 17. St. Hel.'s Coll. . .1380 St. Helen's Mayor 17. Kirkham . . 1241 St. Hel.'s Smelt Co. 17. Tipping . . 1188 St. Hel.'s Tram. Co. 17. Wood . . . 1652 St. James, Clerk. 17. Feary . . . 1878 St. John, Walbrook (Rector) 17. Parishioners 2014 St. John's, Hamp. 17. Cotton . . . 1501 St. John's, Hamp. 17. Hoopel . . . 1502 St. Leon. Shore, v. Franklin . . . 785 St. Leon. Shore, i?. Holmes . . .1114 St. Luke's Chelsea, In re . . . 643 St. Luke's Middlesex v. Lewis . . 1879 St. Luke's Vestry 17. North Met. Tram. . 1653 St. Martin's Vest. 17. Gordon . . . 1415 St. Mary's, Islington r. Barrett . . 2641 INDEX OF NAMES OF CASES. 209 St. Mary, Islington v. Goodman 196 ; cited 179 St. .Mary, Newiugton v. Jacobs . . 2354 St. Mary, Newington v. South L. Fish . 1589 St. Mary, Whitechapel, In re . . . 2015 St. Marylebone v. Viret .... 1503 St. Pancras v. Batterbury . . . 684 St. Saviour's aud Oyler .... 644 Salx-rton, In re . . . . 141 Sal ford . Ackers 1333 Sal ford v. Lever 330 Salford Mayor t>. Lancashire C. C. . . 2738 Salisbury (M. of) v. G. N. K. . Salop C.'C., Lire . Salvin v. N. Brancepeth C. Co. Sunders v. St. Neot's Union . Sanderson v. Aston Sandgate v. Keene . . Sandgate <;. Lenney Sandys v. Markhain Sandys v. Small Sarrett i: Bradshaw Saunders, Ex parte Saunders v. Barstow Saunders v. Brading Harbour . Saunders v. Slack . . Saunders v. New Windsor Savage v. Brook . . Savage v. Savage . Savile v. Kilner . . . Savin v. Oswestry H. B. . Sawyer i: Paddington . Scales v. Pickering Scannell v. French Scarborough M. v. Scarborough U. Scliofield, Ex parte Sdiwinge v. Dowell Scoones v. Morrell . Scott v. Huddersfield Scott v. Legg Scott r. Liverpool Corporation Scott r. Manchester .S'.-KC v. Freebody . Searle v. Barnet Selliy v. C. P. Gas Co. . Sellers v. Matlock . Sellwood v. Mount . Selous v. Croydon . Selous r. Wimbledon Serff v. Acton Slianklin L. B. v. Miller. Shaw & Birm. Corp., In re Shaw v. Poynter . Shaw u. Solilmll . Sheffield v. Fulharn Sheffield v. Heath . . 2121 . 2739 . 1164 . 396 . 1604 . 1334 . 1495 55 56 . 1590 1877; cited 1873 . 1876 . 2641 . 780 . 641 . 303 . 303 . 1185 . 2498 86; cited 89, 1501 . 2122 . 2123 . 781 . 858 . 2041 . 2124 948 285 . 397 . 949 197 . 1496 . 2088 . 1497 . 2185 . 1803 . 1498 . 1499 87 133 . 321 . 286 88; cited 1501 1591 Simkin v. L. N. W. B. . Simpkin, Ex parte . Simpson v. Dendy . . Simpson v. Savage Simpson v. Smith > Simpson v. Wells . Sims v. Matlock Bath L. B. . 2239 . 1625 . 2125 . 1186 . 193, 104, 194, 195 . 2278 1665 Sheffield Water Co. v. Bennett . . 682 Sheffield Water Co. . Binghara (1) (1880) 1725 Sheffield Water Co. v. Bingham (2) (1883) 1726 Sheffield Water Co. v. Carter . 1727; cited 1726 Sheffield Water Co. v. Wilkinson . . 1728 Shepherd v. Folland . . . 1072 Shepherd v. Norwich . . . 734 Sheppey v. Elniley . . . 1984 Sherborn v. Wells . . . 2325 Shicl v. Sunderland . . . 287 Shillito v. Thompson . . . 553 Sills v. Brown . . 322 Silverton v. Marriot . . . 950 Simcox v. Handsworth . . . 1335 Sinnot v. Whitechapel B. W. . . . 1416 Skeet v. Bishop Stortford . . .782 Skillet v. Fletcher 1605 Skinner v. Usher 609 Slater v. Burnley Mayor . . . 1729 Slater v. Hodgson 806 Slattery v. Bean 1398 Slattery v. Naylor 323 Slaughter v. Sunderland Mayor . . 216 Slee v. Bradford Mayor . . . .288 Small v. Bickley 783 Smart v. West Ham . 80; cited 368, 396 Smith, Ex parte 12 Smith v. Archibald .... 1858 Smith v. Bailey 951 Smith v. Baker ..... 554 Smith v. Barnham 1822 Smith v. Birmingham Mayor . . . 1730 Smith v. Birmingham and Staff. Gas . 952 Smith v. Butler . 1654 Smith v. Fieldhouse .... 68 Smith v. Finchley 784 Smith v. Hirst 1426 Smith v. Hopper 1964 Smith v. Humble 683 Smith v. Mackie 2126 Smith v. Midland K 1187 Smith v. Bedding 1542 Smith v. Stace ..... 57 Smith v. Stocks 2533 Smith v. Stokes 2355 Smith v. Taylor (1) (1881) . . . 1134 Smiths Taylor (2) (1881) . . . 1135 Smith v. Waghorn 1220 Smith v. West Derby . . . .953 Snow v. Whitehead .... 1804 Soady v. Wilson 1500 Somerset C. C.. Ex parte . . .2740 Somerset . Miller ..... 58 Soper v. Basingstoke .... 525 Souch v. East London Railway . . 735 South Staffordshire Water Co. v. Mason . 1731 Southard v. Eton 954 South Ireland Colliery v. Waddle . . 398 Southend Water Co. v. Howard . . 1732 Southwark & Vaux. Water Co. v. Dickeu- son 1733 Sowerby v. Wadsworth .... 2326 Spackman v. Plumstead . 194 ; cited 195 Spedding v. Fitzpatrick .... 2042 Spencer v. Metrop. B. W. . . . 736 Spice r. Peacock 2279 Spokes v. Banbury .... 1805 Spurling v. Bantoft .... 1073 Stafford (M. of) v. Coyney . . . 2089 Staffordshire, Q. Sess. Chairman, Ex parte 2741 Staffordshire & Derbyshire C. C., In re . 2746 Stainton v. Woolrych .... 362 Stannard v. St. Giles's Camb. . . .455 Stansfield v. Peate .... 1823 Stansfield v. Yeadon Gas Co. . . . 1750 i Stebbing v. Metropolitan B. W. . . 737 INDEX OF NAMES OF CASES. Steel v. Dartford . . . V1 *. - .. . 955 Steel v. Prickett 212? Stevens v. Barnet Gas & Water Co. . . 1734 Stevens v. Gourley. . 217 Stevens v. Hounslow . . . 1427 Stevens v. Whistler ' . . . . 2128 Stevenson, Ex parte . . . 134 Steward v. North Metrop. Tram. . . 1655 Stiff v. East-Bourne . . . 1606 Stinsoa v. Browning . . . 2356 Stockport v. Cheetham . . . 1339 Stockport v. Grant '., . . . . 2301 Stockport & Hyde H. B. v. Cheshire C. C. 2747 Stockport W. Co. v. Mancl tester Stockport W. Co. v. Potter (1) (1861) Stockport W. Co. v. Potter (2) (1864) Stokes v. Grissell .... Stone v. Jackson .... Stone v. Yeovil .... S topes, Ex parte .... Stotesbury v. St. Giles's Vest. . Strike v. Collins .... Stringer v. Barker . Stringer v. Sykes . Strute v. Southwark Water Co. Strutt v. St. Mary A., Kensington Styles v. East London Water Co. Suffield v. Brown . Summerhill v. Coley Sunderland, In re . Sunderland v. Alcock Sunderland v. Brosvn 1859 1824 I860 440 2062 1543 2733 1340 304 . 956 ; cited in 933 . 2357 957 . 1341 . 1735 cited 453 . 526 153 . 1342 289 Sunderland v. Herring .... 1343 Sunderland v. Skinner .... 1592 Sunk Island v. Patrington . . . 2483 Surbiton v. Metcalfe .... 2366 Surman v. Darley 619 Surrey Canal v. Hall . . . .2711 Sutcliffe v. Booth 1861 Sutcliffe v. Greenwood .... 2016 Sutcliffe v. Sowerby . 1923 ; cited 1925 Sutton v. Barnet L. B 1806 Sutton v. Clarke 958 Sutton v. Norwich 1880 Sutton v. Spectacle Makers Co. . . 1428 Swaine v. G. N. R 817 Swainston v. Finn & M. B. W. . . 135 Swansea Co. v. Glamorganshire County Rs. 2642 Swansea Mayor v. Quirk . 331 ; cited 330 Swanston v. Twickenham . . . 1504 Sweet v. Seagar 685 Swift v, Lancashire JJ. .... 2186 Swinburne v. Robinson .... 1666 Swindon Market Co. v. Panting . . 1074 Swinford v. Keble 1544 Swire v. Burley 1626 Syer v. Metrop. B. W 738 T. Taff Vale Ry. v. Davies .... 2240 Tanfleld v. Reynolds . . . .421 Tanner v. S. Wales Ry 2241 Tapsell v. Crosskey .... 2534 Tarry v. Ashton 959 Tatton v. Staffordshire Water Co. . . 1736 Taylor v. Addyman . . . .1084 960 1965; Taylor v. Barnet U. . Taylor v. Crowland Taylor v. Friern Barnet L. B. Taylor v. Goodwin Taylor v. Grcenhalgh Taylor v. Meltham Taylor v. Metropolitan B. W. Taylor v. Oldham .... Taylor v. St. Helen's Corp. Taylor v. Stansfield Taylor T. Whitehead Tear v. Freebody .... Teatlier, In re Tendring v. Dowton Teuliere v. St. Mary A., Kens. Thackrah v. Seymour Thames Conserv. v. Chertsey R. S. A. Tuew v. Wingate .... Think v. Beverley Thomas v. Daw . . . 1594 ; Thomas v. Marshall Thomas v. Roberts Thomas v. Williams Thompson v. W. Somerset Ry. Thompson, In re . Thompson v. Gibson Thompson v. Lapworth . Thompson v. Sunderland Gas . Thorn v. London .... Thome v. Field .... Thornton v. Nutter Thorpe v. Adams .... Thorpe v. Brumfitt Tidswell v. Whitworth . Tinkler v. Wandsworth B. W. Tipping v. St. Helen's Tod-Heatley v. Benham Tod-Heatley v. Foakes . . Todd v. Flight .... Todd v. Robinson .... Todmcrden, In re . Tomlins v. Great Stanmore Tong Street v. Seed Torquay v. Bridle .... Torquay Market Co. v. Burridge Tottenham v. Rowell (1) (1876) Tottenham v. Rowell (2) (1880) Towle v. Nat. Guard. Assur. K Townsend v. Read .... Towsey v. White .... Tozer . Child .... Trehearne, In re. Baling, Ex parte Triggs v. Lester .... Tryddyn Surveyors, In re Tubb v. Good .... Tucker v. Axbridge Tucker v. Rees .... Tunbridge H. B. v. Sevenoaks H. B. Tunbridge Wells v. Akroyd Tunbridge Wells v. Bisshopp . Tunbridge Wells v. Southborough . Tunstall v. Lowndes . . Tupper v. Newton . . . Turmine, In re Turner v. Crush .... Turner, Ex parte .... Turner v. Ringwood H. B. . 2367 ; Tutill v. West Ham Tysou v. London Mayor . 1807 . 797 . 1808 . 2327 ; cited 938 cited 1521 . . 1593 . 1545 . 18d2 . 1985 . 2017 197 . 1025 . 1242 . 739 . 2516 . 1809 . 2535 . 36:', cited 1565 . 1966 . 198 . 2063 . 2018 154 . 1075 . 686 . 585 . 399 . 311 , 1505 . 1546 . 818 . 687 . 1881 . 1188 . 645 - 1595 . 961 . 422 12 . 1221 . 1122 . 324 . 1076 . 798 . 1344 . 1607 . 2623 . 423 . 527 . 400 . 1547 . 1967 . 1243 . 962 . 290 . 2499 . 1345 . 646 . 1429 . 277 . 435 . 434 . 2169 528 cited 2115 . 442 . 740 INDEX OF NAMES OF CASES. 211 U. Umfreville v. Johnsou . . . .1166 Underbill v. Ellicombe . . . 1968 United Laud v. Tottenham . . . 1986 Unwin v. Hanson ..... 2368 Unwin v. McMulleu .... 529 Uren v. Bristol Waterworks Co. . . 1674 U.sher v. Luxmore ..... 2405 Uttley v. Todmordeu . . . .118 V. Val de Travers Co. v. London Tram. Co. 1656 Viiux v. Chapman . . . 335 Vuuxhall v. Spencer (Earl) . .1264 Vennor, Ex parte . . . 2437 Verco v. Morris . . . 1167 Verdin v. Wray . . . 69 ; cited 66 Vernon v. St. James's . . . 1506 Viuter v. Hind 555 W. Wackerbarth v. St. Giles . . .963 Waghorn v. Wimbledou . . . .401 Waite v. Garston 291 Wake v. Sheffield . . . 1330 ; cited 1349 Wakefield Bk. v. Normanton . . . 402 Wakefield Corp. v. Wakefield U. . . 119 Wakefield v. Seneschall .... 1924 Wakefield L. B. H. v. Lee . . . 1346 Wakefield L. B. H. v. W. Riding & G. Ry. 848, 2242 Wakefield r. Mander .... 1347 Walker & Beckenham Arbit. . . .120 Walker, Ex parte 2732 Walker v. Hobbs 136 Walker v. Homer 2369 Walker v. Nottingham Guardians . . 591 Wallasey v. Gandy .... 292 Wallasey v. Gracey .... 1222 Wallasey Tram. v. Wallasey L. B. . . 1657 Waller v. Andrews. .... 688 Waller v. Manchester .... 1863 Wallingford V. Willes .... 1026 Wallington v. Hoskius .... 2500 WaUington v. White .... 2644 Wallington v. Willes .... 1026 WaUis v.M.S.&L.E 2217 Wallsend v. Murphy .... 1318 Walsall Overseers v. L. & N. W. R.. . 1548 Walter v. Montague . . . . 20 J 9 Walter v. Selfe 1136 Walthamstow v. Jones .... 1507 Walthamstow v. Staines .... 1349 Walton-on-the-Hill, In re . . . 364 Wandsworth v. Bird .... 1508 Wandsworth v. Hall . . 199; cited 186 Wandsworth v. Heaver .... 1430 Wandsworth v. L. & S. W. R. . . . 2243 Waiidsworth v. Postmaster-G. . . . 1596 Wandsworth v. Unit. Tel. Co. . . 1597 Wanstead v. Hill 1137 Wanstead v. Wooster . . 1123; cited 1118 Warburton v. Haslingden . 121 ; cited 106 Ward v. Folkestone Water Co. . . 1737 Ward v. Gray 2656 Ward v. Lee 96i Ward v. Lowndes ..... 786 Ward v. Sheffield 155 Wardle v. Brocklehurst .... 1864 Ware v. Regent's Canal .... 741 Warminster L. B., In re, and Wilts C. C. . 2748 Wamer v. Wandsworth .... 2097 Warnock v. Johnstone .... 60 Warren v. Mustard .... 200 Warren v. Phillips .... 59 Warrington Water v. Longshaw 1738 ; cited 1734 Warwick & Birm. Canal v. Burman . 1810 Warwick Sanatorium v. Spicer . . 648 Watkius v. Reddin .... 2358 Watson v. Cotton 218 Watson v. Ellis 2302 Watson v. Gray 293 Watson v. Leamington .... 647 Watson v. Metrop. Asyl. Bd. . . . 689 Watson v. Pitt 1115 Watts v. Kelson .... cited 453 Waye v. Thompson .... 556 Weardale v. Alston .... 2484 Weardale v. Bainbridge .... 2484 Weaver v. Cardiff 1739 Webb v. Daly Webb v. Herne Bay Webb v. Knight . Webber v. Adams . Wed more v. Bristol Wednesbury v. Stephenson Weedon v. Gas Light & Coke Co. Weekes v. King . . Welch v. Nash Weld v. Hornby . Welland v. Southern Wells v. Chelmsford Wells v. Kingston-on-H. Wells v. Miles Wells v. Wells Wei stead v. Paddington Wemyss v. Hopkins West v. Andrews . West v. Derby West v. Downman . Westbury-on-Severn, In re 543 163 61 1077 742 787 2328 1189 2170 ; cited 216 . cited 1162 . 2329 . 743 . 1431 . 1078 . 1720 . 1509 . 2330 . 423 . 2044 1350 ; cited 1334 530 Westbury-on-Severn v. Meredith . . 788 West-Ham v. Grant .... 1351 West-Ham v. Maddams .... 799 West Hartlepool v. Levy . . . 294 West Middlesex Water Co. v. Coleman . 1740 West Middlesex Water Co. v. Tappenden . 1741 West Riding & G. R. v. Wakefield . 965, 2244 West Riding C. C., In re . . . 2742 Weston v. Arnold . . . . . 295 Weston v. Metrop. Asyl. Man. . . 689 Westwick, Ex parte ; Nottingham, In re . 1612 Wettor v. Dunk 2303 Weymouth L. B. H., In re . . 807 Whaley v. Laing . . . . . 1825 Wheat v. Brown 62 Wheatcroft v. Matlock .... 1510 Wheeler v. Webb 63 Whitaker v. Derby U. S. A. . . . 1882 Whitaker, Ex parte .... 1925 Whitbread v. Sevenoate . . . . 2501 Whitchurch, Ex parte 1883 ; cited 1872, 1873, 1874, 1877 1352; cited 1476 Whitchurch v. Fulham White v. Bay water P 2 34 212 INDEX OF NAMES OF CASES. White *. Colson 2500a Whiter Hill 2129 White r. Hindley . . . 966 ; cited 885 White v. Jameson ..... 1223 White v. Redfern 50 White v. Wigan 966 Whitehaven U. v. Cockermouth Committee 1742 Whitehead v. Sevenoaks H. B. . . 2501 White house v. Birmingham Canal . . 967 Whitehouse v. Fellows .... 968 Whiteley v. Barley (1) (1887). . . 425 Whiteley v. Barley (2) (1887) . . . 1613 Whiteley v. Chappell .... 531 Whiteley v. Pepper . . . .969 Whitford v. Castleford .... 1511 Whiting v. East London Water Co. . . 1743 Whitman v. Pearson .... 970 Whitmarsh, Ex parte .... 2370 Whittaker v. Khodes .... 2643 Wiggins v. Boddiugton .... 2723 Wigram v. Fryer ..... 137 Wilkes v. Hungerford Market. . . 2280 Wilkins v. Birmingham .... 138 Wilkinsfl. Day 2130 Wilkinson v, Bagshaw .... 2485 Wilkinson v. Collyer .... 690 Wilkinson v. Gray. ..... 1007 Willes v. Wallington .... 2644 William v. Heath 1865 AVilliams v. Adams .... 2304 Williams . Davies . . 2502 ; cited 2492 Williams v. Ellis 1926 Williams v. Evans. . . . 1549, 2331 Williams v. Ey ton .... 2171 Williams . Golding . . . .789 Williams v. Narberth .... 557 Williams v. Powning .... 296 Williams v. Kichards .... 2332 Williams v. Wallasey .... 297 Williams v. Wandsworth . . . 1353 Williams v. Wilcox .... 2020 Williamson v. St. Mary, Islington Vestry 1417 Willmer v. Liverpool . . . .150 Wilson v. Bolton . . . 1354 ; cited 1344 Wilson v. Cuuliffe 201 Wilson v. Finch-Hatton . . . .691 Wilson v. Halifax 536 Wilson v. Hull . . . 336; cited 334 Wilson v. St. Giles, Camb. . . . 1355 Wilts & Berks C. v. Swindon . . .1866 Wiltshire v. Baker 1079 Wiltshire . Willet 1080 Wimbledon v. Dixon . . . .2021 Wimbledon L. B. v. Croydon K. S. A. . 1884 Wimbledon v. Underwood . . . 2645 Windhill v. Vint 2305 Winch v. Thames Conservators . . 971 Windsor v. Stovell 1512 Winsford v. Cheshire Lines . . .1381 Winter v. Baker 1224 Winterbottom v. Derby (E. of) . . 2406 Witham v. Padley 1969 Witney v. Wycombe .... 808 Woburn v. Newport Pagnell . . .1513 Wolverhampton v. Bilston . . . 1744 Wolverhampton Tram. v. G. W. E. . . 1658 Wombwell v. Barnsley .... 744 Womersley v. Church .... 1811 Wood v. Harrogate . . .1812 Wood v. Satcliffe 1867 Wood v. Stourbridge Kail way . . . 2245 Wood v. Veal 2044 Wood v. Waud 1868 Wood v. Wedgewood .... 2022 Wood v. West Ham Gas Co. . . .586 Woodall v. Nuttall 972 Woodard v. Billericay L. B. . . . 2371 Woodhill v. Sunderland . . . .298 Woodward v. Cotton . . . .1514 Woodyear v. Hadden .... 2090 Wooley v. Corbishley .... 2359 Woolley v. Kay . . . .426 Woolwich v. Kobertsou .... 224a Wootton v. Harvey .... 790 Wordsworth v. Harley .... 2407 Workingtou, In re 299 Worksop Gas Co., In re ; Worksop, Ex parte 587 Worley v. St. Mary A. Kens. . . . 202 Worral Water Co. v. Lloyd . . .801 Worthing L. B. v. Lancing Surveyor 2624 ; cited 2553 Worthington v. Gill . 1987 Worthingtou v. Hulton .... 859 Worthington v. Sudlow .... 403 Wortley v. Nottingham . . . .1081 Wortley v. St. Mary, Islington . . 1356 Wrexharn v. East Denbighshire Water . 156 Wrexham v. Hardcastle . . . . 1927 Wright v. Frant 2172 Wright v. Ingle 1357 Wright v. Wallasey .... 225 Wyatt v. G. W. K 2246 Y. Yarmouth v. Groom .... 1082 Yarmouth, Mayor, In re ... 1.57 Yarmouth v. Simmons .... 2247 YeadonL. B. v. Yeadon Water Arbitration 1745 Yorkshire Tyre Co. v. Rotherham . . 849 Yorkshire, W. R., JJ. v. The Queen 1937 ; cited 1929 Yorkshire, W. R. v. Eex. . . . 2660 Yorkshire, W. It., JJ. \. Sheffield . .1937 Young v. Cuthbertson .... 2045 Young v. Davis ..... 1970 Young v. Edwards 300 Young v. Gattridge .... 1550 Young v. Leamington Corp. . . . 1432 Zouch v. Empsey 1627 ( 213 ) INDEX OF SUBJECTS OF CASES. %* The Main Titles under which the Cases are classified in the Text of the Digest of Caaea are, in the following Index, for the sake of distinctness, set in small capitals. Abandonment of Order for diversion of highway 2179 Abatement of Nuisances . . 1857,1883 Access to Land, &c. 340, 1566 to Sewers .... 1452, 1495 ACCOUNTANT 1-2 ACCOUNTS of Surveyors of Highways 1971-87 ; see also 1897 Acquiescence in a Nuisance . 1135, 1142, 1162 in Dedication of Highways . 2046-63 Action, Right of, 2253, 2256, 227l", 2280, 2294, 2308, 2315, 2332, 2358, 2373, 2374,2376,2380,2381, 2383, 2385, 238(5, 2657, 2714, 2715, 2717, 2722 Additions to a contract 375, 382, 383, 385, 391, 395, 1427 to old buildings . . . 254,287 Address of Candidates, or Nominators 491, 493, 498, 514, 525 Adjoining Land to Highways 2098-2130, 2743 " owner" . . . 110,1232,1234 Admissions in evidence .... 1949 ADOPTION OF THE " PUBLIC HEALTH ACT" 3-13 ; .see also 876, 1021, 1138 of highways .... 1955 Ad quod damnum, Writ of . . . 2437 ADULTERATION OF FOOD .... 13-64 Advertising hoardings .... 216 Affidavits . 762, 2549, 2585, 2605, 2607, 2609 Agent of Candidate .... 487 , Powers of 1241 AGGRIEVED PARTY 65-9 ; see also 1 837, 1922, 2132, 2135, 2139, 2158, 2180, 2181, 2183, 2184, 2393, 2403, 2538 Agreements as evidence . 2074, 2434, 2440, 2606 Air, Rights as to, 181, 363, 754, 1144, 1183, 1588, 1835 Allowance of Highway Rate by Justices unneces- sary 1987 Alterations of Buildings .... 294 Ambulance 258, 689 Amendment of pleadings . . . 2399 Analyst, Public (see " Adulteration of Food "). Ancient lights .... 122, 137 Animals, Nuisances from (see " Nuisances "). Annuity chargeable on Rates, &c. . 755, 1374 Appeal io Quarter Sessions as to Highway Ac- counts .... 1979, 1980, 1981 , Notices of 1953, 2175, 2178, 2179, 2180, 2186 APPEALS AGAINST ORDERS for Stoppage, &c., of Highways . 2173-86; see also 2132, 2139, 2154, 2517 agaimt Orders of various kinds . 863, 1239, 1624, 2749 APPEALS in Courts of Appeal 858, 860, 861, 862, 863, 1006 APPOINTMENT OF OFFICERS 70-80 ; see also 864, 1389, 1390, 1397, 1426 of Surveyors of Highways . 1902, 1906, 1911, 1912, 1918, 1919, 1920, 1922 APPORTIONMENT 81-90; see also 1020, 1265, 1279, 1289, 1290, 1292, 1295, 1299, 1305, 1315, 1319, 1329, 1334, 1340, 1341, 1345, 1352, 1465 APPROACHES to Bridges 2657-60 ; see also 2196, 2209, 2214, 2220, 2221, 2227, 2240 ARBITRATION 91-121 ; see also 133, 131, 353, 680, 722, 877, 1279, 1334, 1345, 1350, 1715, 1745, 2736 Arches or Archways 266, 354, 585, 1293, 1610, 2081 Area, uufenced ..... 2285 ARTIZANS' AND LABOURERS' DWELLINGS 122-38 ; see also 265 Assistant Surveyor .... 1971 Asylums in Counties . 2736, 2737, 2739, 2751 Attachment .... 784, 854, 1212 , Remedy by . . . 2573, 2609 Attorney-General 67, 68, 69, 404, 409, 484, 764, 876, 1222, 1995 " Attorney, Power of" . Attorneys and Solicitors, &c. 2160 328, 330, 331, 823, 1393, 1428, 2586 , Bills of ... 1939, 1975, 1982 Audit of Accounts 1974, 1976, 1979, 1980, 1981, 1982, 1983, 1985 AUTHORITIES MANAGING HIGHWAYS 1885-1937 ; see also 2745 Awards under Inclosure Acts 2050, 2054, 2083, 2507, 2508, 2509, 2511, 2513 Back-road 273, 291 Back to back houses .... 282 Bank, Powers of a . . . 402, 1424 BANKRUPTCY . 139-41 ; see also 400, 490, 574 Banks on sides of highways . . . 1938 Barrier 1561, 1582 Bars and Gates 2064-90 ; see also 1308, 1561, 1901, 2682 BATHING . . . 142-45; see also 1437 " BATHS AND WASH-HOUSES ACTS " 146-47 ; see also 1087 , Water for . . 1725, 1726, 1727, 1739 Bay window 181, 210 "Beerhouse Act, 1840" . . . 1632,1634 Bell-ringing 1524 Bias (see " Interested Justices "). Bicycles .... 1926, 2319, 2027 Blasting in quarries near Highways . 2268 214 INDEX OF SUBJECTS OF CASES. Blunders of officials .... 86 Boards under the " Highway Act, 1835 " . 1888 under the " Highway Act, 1862 " . 1894, 1927 Bond 161, 1371, 2578 Bones, old . . . 1148, 1154, 1163, 1167 Books of Surveyors of Highways, custody of 1921, 1972 BOROUGH FUND 147a-57 ; see also 1260, 1425 " Funds Act, 1872 " 148, 155, 156, 855 Boroughs with Charters .... 1886 with boundaries altered . . 2677 BORROWING 158-63 BOUNDARY 164-67 ; see also 7, 9, 11, 12, 1434, 2118, 2555, 2570 Breaking-up of street for gas or water 559, 561, 566, 567, 568, 573, 583, 1718 Brewery 901,1189 Brick-burning . . . 1124-37, 1223 BRIDGES 2646-2723 DEFINITION of . . 2646-56 ; see also 1554, 2686 LIABILITY TO REPAIR of 2661-2711 ; see also 203, 944, 2353, 2616, 2622, 2744, 2746 on Turnpike Eoads 2653,2693, 2701,2703, 2705, 2710 originally private 582, 2687, 2710, 2713, 2717 over or under Railways. See Railway Company Powers 2187-2247 ; bee also 12.87, 1303, 2680 Repairable Eatione tenures 2449, 2661, 2662, 2668, 2670, 2671. 2672, 2681, 2691, 2696, 2697, 2704, 2706 Bridleways . 1901, 2005, 2369, 2508, 2566 Brooks, Highways across . . 1923, 1925 BUILDING LINE 168-202 ; see also 210, 288, 297, 779, 1574, 1580, 1592 Materials, Obstruction of Highways by 2284, 2298 " BUILDINGS," DEFINITION OF 203-18 ; see also 178, 197, 242, 244, 266, 287, 539, 58 > on or near Highways 2251, 2255, 2261, 2298 "Burial Acts" . . . 220,225,1427 Burial Ground 125, 220, 222, 632, (533, 635, 642, G44, 737, 812 Bi'RtALS 219-25 Buttresses to sustain an Embanked Road 2111 BY-LAWS, Building 226-300 ; see also 204, 572, 842, 846, 1370, 1376, 1454 Hackney Carriages . . 595, 604a Market * . 301-4 ; see also 252, 1081 Various 305-24 ; see also 79, 143, 765, 1118, 1123, 1639, 1642, 1645, 1652, 1654, 1657 Canal, Highway along . . . 2031, 2627 Candidates at Elections 339, 340, 485, 494, 498. 507, 512, 519, 521 Canvassing at Local Elections 2725, 2730, 2733 " Carriageway " includes " Footway " 2048, 2748 Carriageways . . 2010, 2026, 2614, 2615 Case, Stating of, by Magistrate 839. 840, 842, 849, 858, 1414 Casual Vacancy .... 501, 510 CATTLE AND ANIMALS Straying along Highways, Cattle- 2306-32 ; see also 2048, 2208, 2217, 2377 driving 15-17 Causeways ..... 2649,2654 Cellar-flap, &c. . . . 885,2075,2291 Cellar, Unfenced .... 924, 2062 Centre of Roadways, Measurements from 2251, 2255, 2257, 2258 Certificate of house fit for habitation . 252 Certificates as to Stopping up of Highways 2147, 2150, 2151, 2159, 2176 - prepf ratory to Dedication 2093, 2094, 2172 - of Judge as to Costs 2586, 2588, 2591, 261 2 Certiorari, 791-93; see also . 12, 153, 157. 846. 1021, 1023, 1259, 1385, 1395, 1612 - in respect of Highway matters . 1894, 1918, 1922, 2135, 2151, 2167 Chairman 6, 387, 482, 489, 519, 836, 872, 874, 10(10 "Chapel" ..... 1294,1357 " Charges and Expenses " . . . 1538 - in Accounts, Improper . 1897, 1924 - on property 690, 1 242, 1 27 1 , 1 275, 1 305, 1313, 1325, 1342, 1476, 1539 Chartered Boroughs .... 1886 Charters, Royal .... 1031,2481 " Chimney Sweepers Act "... 250 Chimneys ...... 250 Christian name . . .471,486.509,516 Church 175, 177, 272, 1230, 1238, 1267, 1311, 1318, 1365 - Paths, Repair and Stopping up of 2019, 2131, 2134, 2594 Churchwardens, Powers of ... 1972 Churchyards, Encroachments on 2000, 2014, 2015 CLERK 325-31; see also 70, 73. 74, 79, 151, 369, 370, 405, 422, 488, 522. 864. 751, 777, 780, 782, 823, 875, 1391. 1392. 1393, 1394, 1:197 COAL DUTY . . . 332-36 ; see also 620 Coffee, Adulteration of . . 30,31,32,40 Collection of Highway Rates . . . 1907 Collector . . " . . . 80, 1605 "Commissioners Clauses Act, 1847 " 416, 501 Committees ..... 1419, 27f>.~> "Common Law Procedure Act, 1854 " 109, 121, 813 Commons and Greens . . 315, 1218, 1567 Highways across . 2001, 2021, 2508 " Companies Clauses Consolidation Act " . 410 COMPENSATION 337-64 ; see also 92, 93, 94, 95, 122, 123, 126, 128, 135, 169, 342, 710, 778, 892, 1018, 1396, 1452, 1461. 1470, 1494, 1504, 1579, 1701, 1736, 1779, 1959, 1960; see also " Arbitration," and "Lauds' Clauses Act." - under Lord Campbell's Act . . 533 Consent of Local Authorities . . . 2269 Consequential Damage, Liability for . Conservatory ..... 206(>. 1417, 1418, 1420, 1421, 1422, 1423, 1425, 1427, 1431, 1432, 1512, 1601, 1702, 1703, 1706, 1900 CONTRACT, DISQUALIFICATION FROM 404-26 ; see also 1613 Contractor 234, 370, 399, 414, 496, 819, 879, 881, 886, 893, 936, 940, 953, 956, 963, 964, 1402, 1417, 1606, 1626, 2529 ; see also many of the Cases under " Contract," and " Liability for Accidents." - , Sub ..... 234, 886, 936 Contribution Order . . . 825, 852 INDEX OF SUBJECTS OP CASES. 215 Contributions to or from Rates in respect of Highways 2453, 2454, 2455, 2458, 2459, 2460, 2402, 2404, 2465, 2466, 2468, 2469, 2471, 2472, 2478 Contiibutory negligence 1169, 1204, 1205, 1218, 2294, 2332 Conveyance of land . . 91,101,450,451 " Conveyancing Act, 1881 ". . . 83 Convictions .... 2126, 2220, 2212 Corner houses . . . 70, 180, 200 Coroner 76, 2750 Corporations, Indictment of . 2226, 2568, 2704 Costs 99, 103, 111, 112, 130, 153, 349, 506, 746, 756, 758, 787, 800, 822, 853, 862, 878, 1418, 1583, 1803, 1977 , awnrd of, on Appeals 2173, 2174, 2179,2185 in Highway Proceedings 1896, 1939, 1956, 1966, 1975, 1977, 1980, 1982, 1986, 2173, 2174, 2185, 2451,2538, 2541, 2543, 2545, 2548, 2549, 2550, 2551, 2552, 2554, 2558, 2559, 2560, 2561, 2564, 2566, 2568, 2569, 2572, 2573, 2575, 2577, 2581, 2586, 2588, 2591, 2602, 2609, 2612, 2618 2700, 2720 County Authority .... 1933, 1935 Bridges .... 2209, 2353 Court 794-99 ; fee also 96, 748, 1084, 1195 Surveyors, Liability of - Councils -, ELECTION BUSINESS -. FINANCIAL MATTERS . - HIGHWAYS AND BRIDGES - LEGAL POINTS . - OFFICES - POLICE - GENERAL POWERS CREATION OF HIGHWAYS . Crossings in Streets - over Railways 2714 2724-55 2724-34 2735^2 2743-48 . 2749 2750-51 2752-4 . 2755 . 1988-2130 . 2309, 2332, 2199, 2201, 2208, 2210, 2218, 2219, 2246 Crowds in Streets ..... 2269 Crown Lands, Highways over . . 2032, 2036 Cul-de-sac . 735, 1306, 1577, 1990, 2007, 2042, 2045, 2153, 2517 Curtilage ..... 613, 615 Custom, validity of . . 1997, 2596, 2597 Cutting-oif Water .... 1737, 1743 Damage to Property by Surveyors of Highways 1938, 1968, 1969 to Roads by Carts . . 2244, 2323 DANGEROUS STRUCTURES 427-30 ; see also 670, 775, 819, 961, 1195, 1214, 1236, 1238, 1609 Debenture 163 "Debtors' Act, 1869" .... 841 DEDICATION OF HIGHWAYS . . 2023-97 , Pruofs of . 1274, 1999, 2038, 2039, 2042, 2053, 2711 I Jefuult of Sanitary Authority 1012, 1015, 1016, 1017, 1019 " Defence," Definition of . . . 2548 Definition of "Highway" 1989, 1990, 1993, 2005, 2010, 2018, 2020, 2254, 2346, 2678 Demolition of buildings . . . . 824 Deposited Plans 230, 232, 238,241, 247, 269, 275, 275a, 276, 288, 299, 2192, 2237 Deposit on Purchase-money . . . 713 DIFFERENT PARISHES, HIGHWAYS IN . 2517-21 Disallowance of Accounts 1976, 1977, 1979, 1981, 1982, 1985 Discretion of Surveyors .... 2229 Disinfecting 622, 623 DISQUALIFICATION 431-5 ; see also 139, 140, 770 Dissolution of Highway Boards . . 1885 DISTANCES, MEASUREMENT OF . . 436-40 Distress Warrant 574, 790, 852, 997, 1090, 1722, 1967, 2173, 2185, 2456 Districts under the " Highway Acts " . 1 889, 1895, 1896 Disturnpiked road 1501, 1929, 1930, 1933, 1937 DITCH .... 441-2; see also 1513 Ditches adjoining Highways . . . 2123 DIVERSION AND WIDENING OF HIGHWAYS . 2131- 2247 DIVISION OF DISTRICTS 443 ; see also 312, 1369, 1536 Documentary Evidence .... 2027 Documents, Production of 328, 329, 330, 331, 425, 753, 806, 1784 " Domestic Purposes," definition of 1676, 1680, 1682, 1708, 1709, 1725, 1733, 1739 Drainage, Fen 816 DRAINS 444-55 ; see also 93, 657, 659, 662, 669, 671, 675, 678, 691, 911, 1114, 1477 , Powers of Highway Surveyors, &c., as to 1899, 1905, 1968 Drift-way, Evidence of . . . . 2026 Drivers of Vehicles and Animals, Offences by 2315, 2323, 2324, 2332 Drugs (see " Adulteration of Food "). Dung 1122, 1220 Dust and Dust-heaps 725, 1190, 1399, 1400, 1402, 1403, 1405, 1406, 1410 " Dwell," Definition of . . . .797 " Dwelling-house," Definition of . . 1682 Easement 135, 137, 441, 450, 452, 453, 673, 696 699, 721, 754, 1437, 1470, 1505, 1995, 2346 " Education Acts " . . 421, 434, 472 Ejectment, Action of . . . .2106 ELECTION BUSINESS 456-531 ; see also 69, 406, 418, 433, 434, 590, 864, 866, 868, 869, 870 of County Councils . . 2724-34 of Surveyors of Highways . 1892, 1902, 1911, 1912 of Waywardens .... 1908 Elegit 800-1 Encroachments on Highways . . 1891, 1903, 1954, 1957 Enrolment of Certificates as to Highways 2142 Entry on land, &c. . . 1098, 1104, 1451, 1472 ESTIMATE .... 532 - ; see also 390 Estoppel .... 715,2002,2555 Evidence 802-8 ; sec also 97, 323, 412, 416, 431, 458, 892, 1035, 1156, 1296, 1595 of Boundaries . . . 2518, 2555 of Highway 1995, 1998, 2003, 2004, 2005, 2006, 2010, 2018, 2021, 2026, 2027, 2028, 2029, 2030, 2032, 2034, 2036, 2037, 2507, 2540, 2594, 2621, 2682 of Liability to repair . 2427, 2428, 2431, 2434, 2448, 2582, 2586, 2587, 2595, 2613, 2681, 2698 of Negligence, &c. 891, 892, 2201, 2308, 2317, 2359, 2603 EXCAVATIONS AND UNFENCED HOLES on Highways 2281-2305 ; see also 533, 536, 932 210 INDEX OF SUBJECTS OF CASES. Executors, Powers of .. Exemptions from Highway Rates Extra-parochial places, Roads in 2415, 2420, 2423 Fabrication of Voting-papers . 456, 458, 463, 483, 500 Fairs, By-Laws as to . . . 307 - , Obstruction by holding . . 2277 Fees . . .' 763, 1233, 1243, 1398, 1609 FENCES ...... 533-36 - , Decay of ..... 2028 - . Duty as to 2112, 2116, 2144, 2281, 2285, 2288, 2289, 2290, 2303 - of Railways . . . 2204, 2217 - - , Removal of . 1593, 1903, 2257, 2258 - , Setting back of . . . .1574 Festivities, Local 147a, 153, 157, 1367, 1368, 1379 Fields, Footpaths across . . 2064, 2065 Fines 2298, 2451, 2538, 2585, 2604, 2605, 2610 FIRE-AEMS on or near Highways . 2333-59 FIRE-ENGINE ....... 537-39 Fire-plugs, &c. 904, 917, 1668, 1670, 1672, 1678, 1695, 1720, 1735, 1737 FIRES AND SMOKE on or near Highways 2333-59 Floating Bridge ..... 2656 Flooding of lands . . 322,732,741,900,934 Floods as affecting Bridges 1956, 2654, 2670, 2682, 2684, 2705 FOOD, UNWHOLESOME 540-57 ; see also 50, 783, 860, 1550 Football on Highways .... 2359 Foot-bridges . . 1373,2697,2705,2709 Foot-passengers, Rights of 1996, 2306, 2309, 2317 2332 FOOTPATH 558 ; see also 1307, 1355, 1941,' 2208, 2216, 2231 - , Obstruction of . . . . 2374 - , Repair of (see " Repair of Highways"). - , Riding on ..... 2321 Fords over Streams . . . 2689, 2694 Fore-court . . 178,192,215,280,558,1332 Fore-shore ...... 143 Formation of Highway Boards . 1886, 1895 Forms of Notices ..... 2141 " Foundations," definition of . . .231 Founderous Ways . . 1988, 1992, 2017, 250 Frost, Accidents owing to . . 922, 1672 Fuiious Driving and Riding 2306, 2308, 2309 2330, 2331 Furnished House . . . 655, 660, 667, 691 GAMES and Sports on Highways 2333-59 ; see also 1224, 2326 Garnishee 400, 794 GAS COMPANY, POWERS, &c., OF 559-87 ; see also 949, 959, 1141, 1529, 1533, 1563, 2088, 2256 Washings 560, 1746, 1747, 1748, 1749, 175( " Gasworkb Clauses Acts " 560, 564, 572, 574 575, 579, 585, 586, 1533, 1748 Gates 2064-9f as Evidence of Private ways 2048, 2078 2171 as Nuisances on Highways . 2260, 2371 General Expenses ..... 80( Gradients of Roads over Bridges . 2196, 2224 Gratuity to officers . . . 1394, 1 Giavel, Right to dig . . 2525,2526,253^ 504, 2526 i Grazing of Animals on or near Highways 2101, 2307, 2310, 2312, 2316, 2318, 2325 rid 1108 UARDIANS, BOARD OF 588-91 ; see also 1, 73, 74, 77, 80, 380, 871, 973, 976, 979, 1459, 1600, 1708 HACKNEY CARRIAGES . . . .592-609 Hamlets in Townships . . . 2423, 2429 land-rail, Non-repair of ... 1947 ttar.l Road not always necessary . 2419, 2544 Hawkers 989, 1060 Heaps of Materials as Obstructions . 2284, 2304 Hedges, Cutting of .... 2370 Herbage alongside of Roads 2101, 2310, 2316, 2513 IIGHWAY ACCOUNTS . . . 1971-87 HIGHWAY BOARDS 1885-96; see also 1964, 2187 Highway," Definition of 1989, 1990, 1993, 2005, 2010, 2020 .Proofs of . . 1305,2023,2024,2026 , Public rights over . 2018, 2254, 2346 Rates ... 3, 1966, 1973 ' HIGHWAYS ACT, 1878," SPECIAL POWERS UNDER 1928-37 HIGHWAYS IN DIFFERENT PARISHES 2517-21 ; see also 2165, 2613 Hoardings in Streets 274, 711, 972, 1556, 1590, 2280 Horse . 891, 914, 918, 923, 941, 943, 945, 948, 1050, 1058, 1670, 1699 Horseways 2026,2614 Hospital 621, 624, 625, 626, 629, 630, 631, 631a, 634, 636, 637, 639a, 641, 645, 646, 647, 648 " HOUSE," DEFINITION OF 610-19 ; see also 177, 204, 709, 710, 732, 1277, 1409 Hundred Bridges . . . 2648, Improvement Act Districts, Highways in 2172 " Inadvertence," Definition of . . . 2729 Inclosure Acts, Highways under 1998, 2038, 2096, 2139, 2143, 2145, 2367, 2425, 2427, 2441, 2517 Inclosures, Repair of Roads arising out of 2503-16 , Various . 2013, 2025, 2050, 2054, 2171, 2445, 2532, 2533 Incombustible Materials . . . 268 INCOME TAX . . 620, 620a ; see also 565, 1667, 16!H Incorporation of Acts .... 2203 INDICTMENT FOR NON-REPAIR of Highways 2536- 2624 ; see also 1952, 1958, 1967, 2054, 2096, 2410, 2411, 2413, 2414, 2415, 2418, 2422, 2426, 2427, 2428, 2429, 2432, 2433, 2434, 2437, 2438, 2440, 2441, 2442, 2447, 2449, 2450, 2451, 2470, 2508, 2519, 2521, 2678 for Encroachments . . 1890, 2265 for Nuisance . . . 776, 1820 for Obstructions 2007, 2159, 2269, 2270, 2274, 2276, 2277, 2298, 2381, 2386 Quaere, Civil Proceeding . 1958, 2556 Various . 2236, 2266, 2275, 2295, 2388 Infants, Liability of .... 2706 INFECTIOUS DISEASES, HOSPITALS, MORTUAIUKS 621-48 ; see also 689 Inflammable materials, Storage of . . 2266 Informer, Common, Actions by . 408, 785 INDEX OF SUBJECTS OF CASES. Injunction 809-18 ; s;;c also 147a, 5GO, 561, 580, 621, 631, 005, 1032, 1042, 1247, 1399, 1401, 1444, 1479,1481,1498, 1566,1643, 1647, 1697, 1704, 1714,1757, 1780, 1805, 1807, 1808, 1812, 1813, 2233, 23(31, 2367, 2523 Injunctions to restrain interference with High- ways . 1995, 2188, 2193, 2198, 2211, 2243 Innkeeper's Eights over Land adjoining Highway 2311 Interested Justices 764, 822, 827, 828, 829, 830, 831, 832, 833, 835, 836, 837, 838, 843, 845, 846, 848, 1889, 2242, 2465, 2581, 2583 Interference with Private Property 1938, 1940 Interrogatories ..... 770 Joint Boards 99, 769, 899, 1429, 1459, 1483, 1511 Occupation . 450, 453, 529, 1487, 1490 Juries, Functions of 2313, 2515, 2559, 2711, 2715, 2718 JURISDICTION . 649-50 ; see also 484, 827, 839, 1105, 1282, 1301, 1315, 1326, 1328, 1330, 1349, 1350, 1381, 1435, 1438, 1705, 2172, 2173, 2185, 2230, 2242, 2251, 2296, 2304, 2361, 2400, 2410, 2417, 2421, 2462,2472, 2519, 2563, 2586, 2719 of Quarter Sessions . 2174, 2176, 2576, 2581 Justices 819-49 : see also 542, 764, 1037, 1273, 1278, 1279, 1301, 1324, 1612, 1713, 1882 Keepers in charge of Cattle 2316, 2318, 2325 Lamps in street . 915, 928, 959, 1529, 1563 ' Land Drainage Acts " 447, 1436 ; see also 361 LANDLORD AND TENANT, 651-91 ; see also 129, 136, 454, 569, 637, 645, 647, 880, 910, 961, 1186, 1204, 1223, 1231, 1232, 1233, 1236, 1266, 1269, 1446, 1493, 1591, 1870, 1871, 2448, 2661 "LANDS' CLAUSES ACT, 1845" 692-744; see also 91, 92, 97, 100, 101, 112, 116, 341, 615, 1087, 1429,1430, 1505, 1543, 1630, 1677, 2240,2245 Landslips, Damage to Roads by . . 2625 Larceny of water ..... 1689 LEGAL PROCEEDINGS, 745-878 ; see also 152, 306, 408, 788 LEGAL PROCEEDINGS AS TO OBSTRUCTIONS on High- ways . . 2372-2407 ; see also 1969 LEGAL PROCEEDINGS BY AND AGAINST HIGHWAY AUTHORITIES .... 1928-70 LEGAL PROCEEDINGS CONNECTED WITH BRIDGES 2712-23 Lessees, Powers and Duties of (see "Landlord and Tenant "). Lessors, Powers and Duties of (see "Landlord ami IViiiiut"). Level Crossings on Kailways 2199, 2201, 2208, 2210, 2218. 2219, 2246 LIABILITY FOR ACCIDENTS, to persons and pro- perty 879-972 ; see also " Arbitration." Animals, various . . 1057, 2377 Compensation under " Lord Campbell': Act " . 533, 902, 962, 2309, 2314, 2715 Engines 941, 951, 1652, 2130, 2314, 2341 2348, 2352, 2353, 2358, 2375 Fences, defective 146, 533, 535, 536, 886, 887, 924, 932, 938, 1057, 1950, 2205, 2217 2219, 2281. 2282, 2285, 2286, 2290, 2295, 2297 2375 LIABILITY, Frost .... 922, 1672 Gas .... 563, 578, 939, 949 on or connected with Highways 579, 881, 883, 890, 902, 903, 909, 914, 915, 922, 936, 938, 944, 945, 948, 950, 953, 954, 955, 960, 962, 965, 966, 971, 1618, 1646, 1938, 1940, 1942, 1944, 1945, 1946, 1947, 1950, 1968, 1969, 2244, 2283, 2284, 2288, 2293, 2294, 2302, 2306, 2308, 2328, 2350, 2354 Horses 884, 918, 920, 923, 941, 943, 945, 948, 950, 954, 956, 966, 970, 971, 1670, 2210, 2217, 2219, 2314, 2341, 2358 Houses, lands, and premises . 136, 427, 670, 882, 892, 898, 911, 926, 940, 961, 1103, 1578, 2301 Plugs, Street gratings, &c. 665, 677, 885, 904, 910, 917, 923, 930, 943, 957, 966, 969, 1108, 1670, 1695,2291 Railway Companies . 2201, 2210, 2217, 2218, 2219, 2246, 2376, 2423, 2426 Servants, Wrongful acts of 575, 771, 894, 909, 912, 924, 929, 949, 952, 970, 1496, 1945 Sewers or drains 366, 880, 892, 893, 898, 913, 920, 930, 945, 946, 947, 953, 954, 955, 956, 966, 968, 1462, 1463, 1804 Sign board, defective . . . 931 Vehicles . 605, 921, 925, 928, 937, 953, 955, 1099, 1946, 2284, 2314, 2332 Connected with Water . 372, 452, 889, 894, 896, 897, 900, 908, 918, 927, 934, 1464, 1496, 1578, 1695, 1712, 1736, 1804 Various ..... 768 General Principles . 94, 116, 348, 568, 757, 895, 906, 907, 909, 913, 916, 935, 937, 942, 955, 958, 964, 967, 968, 1950, 1951, 2067, 2303, 2308, 2317, 2329, 2332, 2379 LIABILITY TO REPAIR Bridges . . 2661-2711 LIABILITY TO REPAIR HIGHWAYS . 2408-2631 LIABILITY FOR NOX-REPAIR of Highways 2625-31 of Members and Officers of Boards 535, 536, 746, 772, 773, 903, 929, 1251, 1254, 1611, 1749, 1806 to Repair Bridges . . 2661 -2711 LIBEL . . 973-80 ; see also 125, 150, 784 LICENSES 981-90 ; see also 143, 274, 307, 592, 593, 594, 597, 599, 602, 608, 837 " LIGHTING ACT, 1833," 991-1007 ; see also 576, 577, 582, 1587 Limitation in amount of Highway Rate . 1917 of time 82, 84, 85, 87, 103, 172, 262, 408, 428, 702, 728, 729, 786, 798, 799, 824, 843, 859, 882, 899, 926, 968, 1000, 1111, 1113, 1288, 1309, 1322, 1335, 1344, 1354, 1356, 1436, 1521, 1538, 1576, 1621, 1655, 1962, 1965 Limitations, Statute of . . . 1356, 2535 Limited Dedication ; Bars and Gates 2064-90 ; also see 2028, 2034, 2037, 2097 Local Acts 1913, 2225, 2411, 2420, 2422, 2432, 2480, 2555, 2629 ; see also " Turnpike Reads " Acts, Interpretation of . 250, 1088 Boards, Highway Powers of 2196, 2198, 2268, 2477 LOCAL GOVERNMENT BOARD, &c. 1008-20 ; see also 4, 7, 9, 12, 636, 854, 1248, 1279, 1284, 1349, 1602, 1614, 1869 Locomotives on Highways . 1640, 2336, 2339, 2353, 2357, 2358 Lodging-house . 612, 614, 618, 982, 983, 985 218 INDEX OF SUBJECTS OF CASES. " Lord Campbell's Act " Lords of Manors 533, 902, 9G2, 2309, 2314, 2715 2098, 2102, 2105, 2127, 2129 2503, 2668, 2671, 267^ Macadamised Roads Main Roads, Repair of . Malicious injury to property . 1931 . 2745, 2747 445, 1899, 2330 240 Mandamus . . . 850-59 ; see also 7, 91 Elections or Polls 4, 8, 73, 78, 418, 517 590, 855, 875, 1902 for Inspection of Books, &c. 329, 1921 1981, 1983 to Justices 830, 858, 997, 1238, 1328, 1586 2091, 2092, 2184, 2393, 2397, 2476, 2624, 2716 to Local Authority to do its Duty 256 299. 308, 419, 587, 850, 851, 854, 856, 857 1015, 1017, 1019, 1440, 1473, 1488, 1537 1582, 1583, 1651, 1762, 1810, 2012, 2209, 2224 2234, 2236, 2237, 2422, 2630, 2717 to Local Authority to pay money, &c 113, 114, 163, 364, 786. 852, 853, 859, 943 946, 1378,'1390, 1391, 1538, 1626, 2370, 2521 2543, 2553, 2581, 2604, 2751 -- to Local Authority to Sanction Plans 214, 241, 275a - , Prerogative . . . 1466, 1788 Manors, Lords of 2098, 2102, 2105, 2127, 2129 Manure . 817,1147,1152,1153,1201,1405 Maps or Plans 802, 1370, 1457, 1493, 1644, 1686, 1687, 2003, 2066, 2099, 2!38, 2143, 2570 MARKETS . 1027-82 ; see also 375, 756, 1589 - , Hy-Laws as to . . . .301-4 - , Disturbance of . . 1040, 1046, 1061 - , Infringement of 1027, 1028, 1033, 1034, 1035, 1036, 1037, 1039, 1047, 1048, 1051, 1053, 1058, 1061, 1062, 1063, 1065, 1069, 1072, 1076, 1077 - Tolls 379, 1033, 1037, 1052, 1068, 1071, 1077, 1078, 1082 Master and Servant 446, 894, 912, 929, 949, 969, 970, 1168, 1170, 1178, 1514, 1603, 1604, 1821 MATERIALS FOR REPAIRS of Highways 2522-35 ; see also 1566, 1641, 1914, 1924 Meat, Unwholesome 50, 540, 542, 543, 544, 545, 546, 547, 548, 549, 550, 551, 552, 554, 556, 557, 783, 793, 860, 1550 Medical Men 71, 373, 557, 626,628, 851, 973,975, 978, 979, 980 (see also " Infectious Diseases, Medium filium vise, 2099, 2109, 2110, 2129, 2430, 2520, 2613, 2669 Meeting ...... 8,773 Metropolitan Sewers, Use of . . . 1478 "Metropolitan Streets Act, 1867" . . 332 Militia Store-house .... 255 Milk, Adulteration of 15, 16, 18, 20, 21, 27, 28, 29, 34, 39, 41, 43, 45, 60 (and some other cases under " Adulteration of Food "). Mines and Mining . . 2268,2350,2503 MINUTE BOOK 1083-4 ; see also 76, 804, 1954 MISCELLANEOUS HIGHWAY CASES . 2632-45 Mortar, Bad ...... 286 MORTGAGE 1085-90; see also 154, 159, 161, 162, 163, 1272, 1349 Mortuary .... 633, 634, 642, 643 Mud ...... 654, 1413 " Municipal Corporations Act " 147, 148, 150, 152, 153, 157, 376, 414, 460, 406, 468, 469, 470, 475, 478, 480, 481, 485, 486, 491, 493, 496, 497, 498, 499, 502, 503, 507, 508, 509, 513, 514, 515, 516, 518, 520, 521, 522, 525, 529, 791, 995, 1396, 1425, 1532, 1544 Music in streets . . 310. 313, 316, 2633 Naming or Numbering of Houses 757, 1525, 1551 Negligence (see " Liability for Accidents "). " Night-Poaching Act " . . . . 2108 Nomination of Candidates 460, 468, 469, 470, 475, 478, 493, 497, 506, 508, 516, 525, 530, 2731 Non-intromittant Clause . . . 1886 Notice of Action 371, 413, 423, 445, 536, 591,766, 771, 789, 811, 933, 940, 953, 956, 970, 1095, 1097, 1098, 1099, 1103, 1111, 1455 against Officials 1944, 1946, 1947, 1961, 1964 NOTICES 1091-1115; see also 79, 131, 138,228, 243, 392, 427, 1211, 1288, 1327, 1451, 1482, 1576 , Service of 734, 1093, 1006, 1101, 1106, 1109, 1115, 1237, 1297, 1320, 1333, 1348, 1871 as to Formation of Highway Boards 1895 of Appeal in respect of Highways 1953, 2175, 2178, 2179, 2180, 2183, 2186 NOTICES for Stoppage, &c., of Highways 2131-3!) Noxious Trades 1138-89, 360, 810, 813, 1815, 1822 NUISANCES 1116-1224 ; see also " Small-pox," and " Water, Pollution of, by Sewage." , Animals. . 1116-23 ; see also 1041 , Brick-burning . 1124-37; see also 1223 , Manure 817, 1123, 1147, 1152, 1153, 1201, 1405, 1410 , Noxious Trades 1138-67; see also 360, 810, 813, 1786 , Smoke 1168-89 ; see also " Noxious Trades," and 776, 858, 1150 , Vaiious 1190-1221, 781, 807, 816, 817, 840, 844, 1175, 1180, 1209, 1412, 1696 OBSTRUCTION OF, AND NUISANCES ON, HIGHWAYS 2248-2407 ; see also 1566, 1636. 1637, 1995, 2043, 2067, 2071, 2095 of Sewer 1458 of Watercourse . 1857 Obstructions, Ways Dedicated with 2071, 2072, 2075, 2082, 2086 Occupation Roads . . 2038, 2069, 2088, 2376 OCCUPIER, DEFINITION OF 1225 ; see also 1412, 1536, 1679 Office (Acting in) 803, 851, 865, 872, 873, 1608 , Compensation for loss of 344, 358, 1396 Omissions in Accounts . . . 1974, 1985 " Open Land," Definition of . . . 2108 Space 226, 227, 257, 282, 290, 604, 609 ORDERS FOR STOPPING-UP, &c., HIGHWAYS 2141-72 Order of a Board 1874 of Justices on Railway Companies 2215 of Justices 844, 817, 85(, 965, 1195, 1196, 1205, 1212, 1221, 1227, 1239, 1326, 1446, 1472, 1881, 1882, 1883 , Provisional (see " Provisional Order "). Overcrowding . . . 1208, 1219, 1639 Overseers, Powers of 825, 852, 1003, 1263, 1972 ' OWNER," DEFINITION OF 1226-43 ; see also 132, 177, 430, 539, 548, 807, 1090, 1272, 1294, 1300, 1303, 1348, 1520, 1616 INDEX OF SUBJECTS OF CASES. 219 Owner, Deceased . of Machines, Liability of . 2103 2342, 2353, 2354, 2358 , Powers of, to inclose Lands 2117, 2504, 2512 Ownership of Soil 2083, 2098, 2100, 2102, 2103, 2105, 2107, 2109, 2110, 2121, 2124, 2125, 2127, 2129, 2425, 2513 Oyster Beds 1791 Pack and Prime Ways . . . 2545, 2615 Parapets ou Bridges .... 2655 Parishes and Townships, Liability of, to repair Highways . 2408-37 : see also 1951, 2008, 2582, 2583, 2592, 2594, 2598, 2600, 2606 in more than One County . . 2592 Parks or Recreation Grounds 324, 1366, 1 367, 1467 PARLIAMENTARY EXPENSES 1244-64; see also 1887, 1893 Parochiality of a Road must be defined precisely 2162 Party Wall . . .110, 204, 208, 293, 295 1' itunt Sewage Process .... 1790 " Paved Footway," Definition of . . 2349 PAVING EXPENSES 1265-1357; see also "Land- lord and Tenant," and 84, 90, 166, 374, 403, 617, 674, 676, 684, 686, 687, 690, 787, 1020, 1026, 1100, 1102, 1228, 1230, 1235, 1240, 1453, 1520, 1534, 1552, 1581 "Pedlars' Act, 1871" .... 1055 Penalties . 770, 785, 821, 830, 834, 1589, 1611, 1648, 1707-1750 Perambulators on Highways . . . 2267 Personation of Voters . . . 497, 531 PETROLEUM ..... 1358-61 Petty Sessional Division?, Jurisdiction of 2586 Pier* 214,329 Pigs 1116, 1117, 1118, 1119, 1120, 1121, 1123 Pits, Unfenced 2295 " Place," Definition of 543, 598, 827, 1533, 1542, 1550, 1632, 1634, 1673 Plans of Roads, how far Evidence 2066, 2099, 2138, 2143, 2151 Pleading to Indictments, &c. 2040, 2048, 2050, 2285, 2450, 2578, 2590, 2595, 2596, 2597, 2601, 2611, 2622, 2705 Ploughing-up of Footpaths 2064, 2065, 2068, 2080 Police in Towns .... 823, 1375 Police in Counties . . 2740, 2752, 2757 Poll . . 4, 6, 8, 457, 462, 515, 855, 1259 for Election of Surveyors of Highways 1902, 1911, 1912 of Waywardens . . . 1892, 1908 Pollution of Water (see "Water, Pollution of"). Pontage 2681 ' Poor Law Acts " 407, 411, 488, 530, 531, 588, 636, 1025 Porch 191 " Port," Definition of .... 1522 Posts and Rails . . . 536, 1054, 2405 POUND 1362-4 Power of Attorney . . . .2160 POWERS AND DUTIES OF RAILWAY COMPANIES as to Highways .... 2187-2247 POWERS OF LOCAL AUTHORITIES 958-60; see also 149, 183, 235, 241, 317, 362, 479, 562, 580, 877, 1195, 1258, 1383, 1474, 1483, 1502, 1504, 1526, 1556, 1598, 1700, 1831, 1834, 1838, 1878, 1880 Pre-emptVn, R'g'.ts of . . . . 1910 Prescription 1847 " Prescription Act, 1832" 1847, 2050, 2524, 2528 Prescriptive Duty to repair . 2409, 2413, 2432, 2435, 2450 Prescriptive Rights of Way . . . 2085 Presumptions as to Dedication of Highways 2046-62; see also 1999, 2027, 2028", 2034, 2035, 2036, 2441, 2631 Presumptions as to Ownership 2098, 2100, 2102, 2103, 2105, 2107, 2109, 2110, 2121, 2124, 2125, 2127, 2129, 2425, 2513 Private Improvement Expenses . 1090, 1354 Private Roads 2057, 2452, 2514, 2515, 2541, 2630 Prohibition 863 Projections in Streets 179, 181, 189, 196, 791, 1200, 1555, 1563, 1583, 2270, 2280, 2382; see also " Building Line." PROOFS, GENERALLY, OF A WAY BEIXG A HIGHWAY 1988-2022 PROVISIONAL ORDER 1382-8 ; see also 1014, 1248, 1382, 1721 under the " Highway Acts" 1895, 1896, 1936 Publication of Notices . . 2063, 2131-39 " Public Health Acts ' and Highways . 2063 " Public Health (Buildings in Streets) Act, 1888 " 188, 190, 200 " Public Health (London) Act, 1891 " . 666 Pulling down Buil. lings, &c. 228, 235, 240, 251, 253, 280, 286, 287 Pump 1858 Purchase of land, &o. 105, 351 352, 562, 694, 695, 697, 698, 699, 704, 705, 706, 707o, 708, 709, 710, 712, 714, 715, 719, 720, 723, 725, 731, 732, 734, 736, 737, 739, 743, 744, 758, 1470, 1504 of Gasworks .... 562 of Waterworks . . 107,119,1715 Quantity Surveyor .... 401 Quarter" Sessions, Powers of 1889, 1992, 1979, 1980, 1981 Appeals to, as to Accounts 1979, 1980, 1981 Appeals to, as to Roads 2132, 2176, 2472 Quo Warraido 864-76 ; see also 79, 434, 485, 487, 489, 491, 492, 493, 495, 498, 499, 503, 505, 506, 509, 511, 518, 519, 520, 524 Quo Warranto in respect of Highway offences 1909 Races on Highways .... 2326 Railway Arches and Buildings . 260, 266 " Railway Clauses Consolidation Act, 1845 " 347, 793, 965, 1629 RAILWAY COMPANIES, POWERS OF, AS TO HIGHWAYS 2187-2247; see also 701, 703, 706, 708, 709, 710, 712, 720, 721, 727, 729, 733, 735, 883, 1373, 1377, 1658 Rainwater on Highways . 1203, 1578, 2361 Rateable Value 464, 1674, 1683, 1729, 1730, 1734, 1738 Rates, Duties of Surveyors as to 1907 ; see also " Contributions from Rates." Rates under the " Highway Acts " 1888, 1906, '1913, 1915, 1916, 1917 220 INDEX OF SUBJECTS OF CASES. Rates under the " Public Health Act " . 1380 Rating for Election purposes 433, 467, 477, 494 Ratione Clausuras . 2445 ; see also 2503-10 Jiutione Tenurx Liability 2438-51 ; see also 2155, 2418, 2581, 2001, 26(52, 2668, 2670, 2681, 2696 Receiver . . . 1226, 1616 Recognizances . . . 2550, 2568, " Reform Act, 1832 " . . 212, 218, 610 Refuse 781, 822, 901, 1190, 1192, 1782, 1796, 1813, 1821, 1822, 1823; and see "Scaveng- ing" 1399, 1400, 1401, 1403, 1405, 1406, 1409, 1410, 1414, 1415, 1417, 1458 Relief, Parochial 503 Rent- charge . . . . . . 749 REPAIR OF HIGHWAYS 2408-2631 ; see also 1949, 1951 1952 1970 RKPAIB of Bridges 2661-2711 ; see also 1947 Rt peal of Acts 2547 Replevin 2456 Reputation, Evidence of 2004, 2006, 2027, 2447, 2448, 2518, 2570 Resignation of office .... 521 Retirement of Members . . . . 471 Returning Officer 346, 418, 421, 433, 472, 476, 480, 482, 484, 492, 495, 507, 512, 520, 523, 527 Reversionary Rights 2044, 2046, 2047, 2048, 2253 Reversioner ...... 1437 " Rider," Definition of . . 2331 RIDING AND DRIVING along Highways 2306-32 RIGHTS AS TO SOIL ADJACENT TO HIG'HWAYS 2098- 2130 Rights of Way 782, 1291, 1499, 1993, 2206, 2212 Rink ..267 Rivirs, Highway through . . . 2430 may be Highways . . 2020, 2253, 2398, 2401 Rivers, Pollution of 822, 863, 1749, 1753. 1759, 1761, 1767, 1768, 170! I, 1770, 1773, 1776, 1785, 1793, 1799, 1801, 1805, 1809 "Road Authority," Definition of . . 1658 "Road," Definition of . . . . 2119 Roads over Inclosed Lands . 1940, 1998, 2119 Roller, Steam . . . 905, 939, 963 RUBBISH AND MATERIALS, Obstruction of High- ways by 2281-2305 Rural Sanitary Authority, Highway powers of 1934, 1984 SALARY, &c. 1389-98 ; see also 72, 157, 358, 014, 794, 851 Sale of Disused Way .... 2162 Sanatorium ...... 648 SCAVENGING 1399-1417 ; see also 1782, 1928 School 1228, 1304 , closing of . . . . . 639a Scrapings oft 1 Roads . . . .2126 SEAL 1418-32 ; eec also 1, 70, 71, 80, 365, 368, 373, 378, 379, 389, 391, 396, 398, 664, 952, 2163 SEA-SHORE 1433-40; see also 142, 143, 164, 165 595, 1436, 1533 Seashore, Limitations as to taking Stones from 2523, 2528, 2529 , Roads near . . 2009, 2438, 2626 Sea-wall 372 , Highway along . . . 1999, 2572 Seaweed, Nuisance from . . . 1412 Security by officers .... 1063 Sequestration . 1787, 1798, 1803. 1805, 1800 Service of Notices . . . . .2178 Sessions, Special, for highway business . 1919 Sewage Farm 345, 364, 418, 446, 704, 1498, 1507 Sewage, Sale or disposal of 149, 377, 388, 1202, 1443, 1484, 1512; see also "Water, Pollution Sewage Schemes' and Works 99, 392, 702, 707a, 778, 1010, 1011, 1012, 1015, 1016, 1017, 1019, 1248, 1536, 1809, 1884 SEWER . 1441-1514; see also "Drains," 444-55 -, Access to . . . . 1452, 1495 , Bursting or overflow of 452, 811, 830, 880, 892, 894, 900, 908, 913, 927, 949, 1209, 1444, 1464, 1475 , Cleansing of . 454, 1448, 1475, 1513 , Compensation for 348, 356, 1461, 1470, 1494, 1504 , Connections with 229, 252, U46, 1471, 1475, 1477, 1490, 1496, 1502, 1503, 1510, 1511,1792 , Construction of 117, 366, 367, 392, 820, 840, 886, 893, 890, 898, 1451, 1457, 1460, 1465, 1466, 1468, 1409, 1472, 1473, 1480, 1482, 1485, 1489, 1492, 1513, 1856 , Cost of construe) ing 82, 84, 85, 86, 88, 89, 94, 674, 678, 683, 685, 1270, 1453, 1456, 1465, 1489, 1501 , Damage to . . 445, 718, 778 , Defective 657, 658, 659, 607, 609, 671, 673, 675, 691, 898, 1798 , Definition of 213, 1441, 1447, 1449, 1475, 1486, 1488, 1504, 1505, 1510, 1793, 1880 , Land for 1 14, 1 18, 120, 349, 350, 672, 707, 720, 1451, 1461, 1470, 1494, 1495, 1496, 1498, 1499, 1504, 1505 , Legal Proceedings as to 455, 718, 709, 820, 856, 1010, 1011, 1012, 1015, 1016, 1017, 1019, 1098, 1114, 1408, 1472, 1473, 1470, 1485, 1530, 1793, 1798, 1809, 1810 , Negligence as to 890, 898, 9r<9, 911, 920, 920, 940, 943, 945, 946, 947, 953, 954, 955, 956, 966, 968, 1213, 1462, 1463, 1496, 1537 , Obstruction of 93, 445, 448, 671, 927, 1 165, 1446, 1448, 1458, 1475, 1493 , Repair of . . . 688, 1114, 1452 , Eights as to 1442, 1408, 1409, 1471, 1477, 1478, 1482, 1483, 1491, 1508, 1512 , Tidal . . 354, 449, 534, 2072 -, Various points as to . . 711, 1500 Sheep, &c., on Highways 2307, 2310, 2312, 2310, 2318, 2325 Shop 1028, 1035, 1049, 1053, 1062, 1063, 1070 1079, 1080 Signature 459, 460, 460, 409, 470, 475, 478, 481 , 480,514, 520, 15:;o Sign-board 189, 931 Sign-post 1507 " Site," Definition of . . 231 Skating Rink 267 Skew Bridges 2233 Slaughter-house 547, 981, 984, 986. 987, 988, 990, 1044, 1056, 1158, 1210 Small-pox 621, 624, 625, 630, 631, 631 a, 035, 038, 039, 640, 641 Smelting works .... 1140,1142 Smoke, Nuisance from 1168-89; see also " Noxiou.s Tn.des " and 770, 858, 1042 INDEX OF SUBJECTS OF CASES. 221 SMOKE on or near Highways . . 2333-59 ' Snow on Highways .... 1994 SOIL ADJACENT TO HIGHWAYS, EIGHTS AS TO 2098-2129 ; see also 2743 Solicitor (see Attorneys) 328, 330, 331, 472, 1018 Solicitors, employment of, in Highway business 1975, 1986 Span of Bridges; see "Kail way Companies' Powers." Special expenses ..... 808 Special Highway Sessions of Justices 1919, 2164, 2173, 2513, 2519, 2531, 2559, 2560, 2569 Specific performance .... 1650 Spirits, Adulteration of 24, 25, 42, 46, 56, 58, 61 Stamps .... 77,513,1518 Standing Joint Committee . 2740, 2753, 2754 Statute Fairs in Streets .... 2279 STATUTES, INTERPRETATION OF, 1515-50 ; see also " Buildings, Definition of ; " " By - Laws, Building." " Burial Acts," . 220, 223, 224a, 225 " Lands Clauses Act, 1845 ;" see that Title. " Land Drainage Acts " . . 447 " Lighting Act, 1833 ;" see that Title. Local Government Act, 1888;" see Part III. " County Councils." " Markets and Fairs Clauses Act, 1847 ;" see that Title. Public Health Acts," 9, 11, 543, 988, 1109, 1203, 1388, 1412, 1483, 1494 " Reform Act, 1832 " . . 212,218 "Sale of Food Act, 1875;" see "Adul- teration of Food." " Towns Improvement Clauses Act, 1847 " 793, 916, 972, 1534, 1581 " Towns Police Clauses Act, 1847 ;" see that Title ; see also . . . 600,1524 - " Tramways Act, 1870 ; " see " Tram- ways." *" Waterworks Clauses Acts, 1847." See ' Water Company, Powers, &c., of." Metropolitan Acts 206, 208. 211, 242, 245, 258, 259, 461, 598, 1400, 1575, 1584 Local Acts, 361, 432, 436, 464, 571, 789, 1351, 1802 Miscellaneous Acts, 250, 437, 439, 440, 447, 574, 797 General Principle of Interpretation 174, 306, 571, 600, 684, 992, 1027, 1217, 1376 STEAM ENGINES on or near Highways 2333-59 Stepping-stones .... 1923-1925 Steward, Acts of, may bind Landlord . 2059 Stiles 2067 Stones, Eight to take . 2524, 2528, 2531, 2532 STOPPAGE, DIVERSION, AND WIDENING OP HIGH- WAYS 2131-2247 Storey of a house ..... 245 Storm Water 892, 900, 913, 934, 1464, 1507, 1578 STREET 1552-97; see also " Paving Expenses " 228, 276, 291, 299, 585 , Breaking-up of 559, 561, 566, 567, 568, 573, 575, 579, 581, 583, 1687, 1692, 1693 Definition of 601, 826, 1280, 1283, 1298, 1324, 1545, 1552, 1554, 1564, 1569, 1570, 1580, 1585, 1586, 1631, 2044, 2053 Improvement of; see " Compensation " and " Paving Expenses," and 98, 695, 723, 1594 STREET, Level of 337, 339, 340, 342, 346, 742, 1314, 1557, 1558, 1578 " New " 87, 90, 187, 1280, 1281, 1283, 1287, 1303, 1310, 1312, 1316, 1321, 1336, 1456, 1568, 1572, 1573, 1582 Obstruction of 818, 2270, 2272, 2274, 2275, 2278, 2279, 2280, 2373 Subsidence of soil . 346, 572, 882, 820, 954 Summary proceedings 84, 85, 267, 1286, 1344, 1350 Sunday .... 530,760,1625 Sunli-ht for Koads . . . 2363,2515 SURETY . . 1598-1607; see also 381, 394 Surplus land .... 708, 712 , Sale of 1910 SURVEYOR 1608-13: see also 244, 401, 532, 773, 787, 914, 1229, 1279, 1395, 1398, 1560 Surveyor, County .... 2653,2714 SURVEYORS OF HIGHWAYS 1896-1927; see also 938, 960, 1963, 1964, 1968, 1969, 2133, 2243, 2261, 2278, 2295, 2363, 2523, 2565, 2581, 2630 Swing Bridges 2723 Swing Gates 2201 Taxation of Costs 877-8 ; see also 99, 473, 744, 862, 2564, 2576 Team Work 1897, 1904 " Telegraph Act, 1878 " . . . . 1596 Telegraph Posts. . . . 1596,1597,2118 Temporary structures . 209, 230, 236, 244, 259, 264, 278 Tenant (refer to the Cases under " Landlord and Tenant ") . . . . 465, 569 Tenant for life . . 661, 1285, 1382, 2030 Tenants have no Power to dedicate 2030, 2044, 2046, 2047, 2048 Tender .... 380, 401, 419 Termini of Ways 1993, 2021, 2023, 2040, 2045, 2138, 2390, 2401, 2539, 2587, 2598, 2599, 2603, 2615, 2620 Theatre 214,680 Thrashing Machines .... 2342 Tidal and non-tidal waters . . 1991, 2072 Timber on Highways .... 2296 TIME, COMPUTATION OF 1614-27 ; see also 18, 530, 704, 861, 1111, 1113, 1523, 1894, 1919, 1927, 1962, 1968, 2050, 2053, 2056, 2057, 2175, 2184, 2186, 2382, 2407, 2468, 2604 Tithings of Parishes, Bates in . . 1888 Tobogganing Slide, a " building " . . 242 " TOWN," DEFINITION OF 1628-3 ; see also 3, 706, 1531 " Towns Improvement Clauses Act, 1847 " 354, 536, 793, 916, 972, 981, 1171, 1273, 1411, 1534, 1551, 1581, 1950 " TOWNS POLICE CLAUSES ACT, 1847 " 1635-37 ; see also 537, 539, 593, 597, 600, 601, 1524, 1553, 1639, 1665, 2291 Townships, Highway business in . . 1920 Liability of, to repair roads 2408-37 ; see also 2540, 2546, 2589, 2590, 2595, 2709 Townships, Parishes divided into . 1920, 2589, 2590, 2595 Tracks through Woods . . . 2029, 2041 Traction Engines . . . 951, 2314, 2336 TRAMWAYS 1638-58 : see also 972, 1260, 1387, 1559, 2012, 2084, 2241, 2269, 2273, 2747 222 INDEX OF SUBJECTS OF CASES. Transfer of Powers 355, 1374, 1378, 1416, 1476, 1638, 1646, 1649, 1688, 1723, 1756, 1762, 1808 TREASURER . . 1659-63; see also 1600 Treasury ..... 422,1008 Trees, Notice to cut .... 2363 Improper Interference with . . 1948 TREES AND WATER on Highways . 2360-71 Trendies in Streets . 581, 583, 1690, 2256 Trespass, Action of, against Surveyors 1905, 1940, 1948, 1964, 1965, 1967, 2407 against Justices .... 2315 a^uinst Individuals 772, 780, 1997, 2022, ; 2042, 2074, 2101, 2128, 2170 Trespassing on Private Lands 455, 1104, 1988, 1992, 1997, 2003, 2004, 2017, 2022. 2089, 2122 "Trial," Definition of . 2396,2554,2565,2584 New . 2392,2398,2542,2608,2617,2621 Trover, Action of, as to Account Books . 1972 Trustees 661,1544 TURNPIKE 1664-6 ; see also 198, 277, 340, 2008, 2094, 2111, 2121, 2126, 2422, 2424, 2432, 2579, 2619, 2701, 2703 " Turnpike Act, 1822 " 1968 Turnpike Roads, Contributions for . 2452-85 Turnpike Roads, Repair of, when disturnpiked 1929, 1930, 1933, 1937, 2094, 2444, 2653, 2670, 2693, 2705, 2710 Umpire (see the Cases under " Arbitration "). Urban Powers in Rural Districts . . 1284 Urinal 1445, 1450, 1455, 1467, 1474, 1479, 1481, 1497, 1506, 1509 User as a Proof of Highway Dedication 1998, 2005, 2027, 2028, 2029, 2032, 2034, 2036, 2037, 2039, 2045, 2048, 2058, 2061, 2073 " Vacant Ground " .... 169 VARIOUS SPECIAL POWEKS UNDER THE " HIGHWAYS ACT, 1878." VEHICLES, Obstruction of Highways by 2306-32 Vendor and Purchaser 81, 83, 743, 1323, 1348, 1684 Venue ....... 767 'Vebtries Act, 1818" . . . 474,504 Vestry Clerk 867 Vestry Meetings for Highway Business 1902, 1906, 1911, 2091, 2092, 2133, 2149, 2172, 2630 Vestry, Sanction of Law Costs by . 1977, 1982 "Viatrita" 2367 View of Justices . 2148,2156,2157,2165,2166 Voting 73,74,78,474, Voting at Vestry Meetings . . .1912 Voting-paper 69, 456, 458, 459, 463, 466, 469, . 470, 473, 475, 478, 481, 483, 486, 491, 493, 497, 498, 500, 501, 505, 506, 508,' 509, 513, 514, 516, 518, 522, 525, 526, 530 Waggons in Streets . 2274, 2340, 2341, 2377 , Definition of .... 1943 "Wales, South, Highway Act. . . 2562 Wall . . . 168, 205, 213, 911, 950, 1353 Walls bounding Highways . 1903, 1942, 1962 " Wanton," Definition of ... 1524 Wards, Elections in . . 499, 508, 518 Waste Land, Ownership of . 2098, 2103, 2104, 2105, 2108, 2124, 2125, 2127, 2743 Various Matters as to 2001, 2307, 2310, 2312 Water-closets, &c. 238, 368, 679, 1480, 1487, 1873, 1874, 1876, 1877, 1878, 1879, 1881, 1883 WATER COMPANY, POWERS, &c., OF 1667-1745 ; see also 93, 107, 119, 397, 682, 885, 889, 896, 904, 917, 918, 922, 923, 930, 957, 1706, 1838, 2122 Water-course, Definition of 447, 536, 1510, 1765, 1793, 1822, 1829, 1861, 1898 Water Pipes, Defective . 896, 922, 923, 957 , Pressure in . . . 1668, 1719 WATER, POLLUTION OF 1746-1825 ; see also 800, 822, 1191, 1202 by Gas . . 1746-50 ; see also 1215 by Sewage 1751-1812 ; see also 656, 800, 814, 863, 1202, 1466 Various 1813-25 ; see also 878, 1192 WATER, RIGHTS AS TO 1826-68 ; see also 356, 362, 857, 889, 1825 "Waterworks Clauses Act, 1847" (see "Water Company, Powers, &c., of "). Waywardens . . . 1908, 1949, 2421 Weighing-machine .... 1063 Well 656, 808, 933, 1746, 1775, 1811, 1831, 1832, 1834, 1855, 1858 Whistle, Steam . 1206 WIDENING OF HIGHWAYS 2131-86; see also 1331, 1903 of Bridges . . . 2685, 2705, 2716 Width of Roads or Streets 233, 249, 1561, 1574 1575, 1587, 1592, 1593, 2223, 2231, 2515 Wight, Isle of, Bridges in . . 2650 Will 1285 Winter, Roads during . . 2055, 2437, 2585 Withdrawal of Parishes from Highway Districts 1889 Women Candidates . . . 2726, 2727 WORKS .... 1869-84 ; see also 821 Workshop, Dwelling-house used as . . 294 LONDON : PRINTED BT WILLIAM CLOWES AND SONS, LIMITED, STAMFORD STREET AND CHASING CROSS, Standard Lescal Works. jL'ne Law of Byelaws : '\Vith an Appendix containing the Model Byelaws issued by the Local Government Board, the Board of Trade, and the Education Department. J5y the late W. G. LUMLEY, LL.M., Q.C., Counsel to the Local Government Board, and to the Education Department. (1877.) Price 10*. Law Times. " Should be in the hands of all whose duty it is to make and enforce Byelaws." The Law of County Government : Being the Local Government Act, 1888 ; together with the Statutes connected therewith, with Notes and a comprehensive Index, by ALEX. GLEN, M.A.. LL.B., and W. E. GORDON, B.A., Barrister-at-Law (1890). Price 2 2s. rimes, 28th June, 1890. " Mr. Glen's method is well known, and for this species of law we know of no better treatment than the-a~finotated sections. The whole field is familiar to the author, whose family seem to have settled down upon it without fear of adverse possession. Coffcise and clear, while cwnprehetisive and complete, the volume now before us will give to the large number of persons now concerned in the administration of local government, full information and instruction. Mr. Gordon proves a valuable coadjutor, and by skilful treatme.nl of the miscellaneous statutes crowns the work of Mr. Glen. We congratulate t rlemon the successful accomplishment of what must have been a very arduous and difficult task. The Index is admirable." London Government, under the Local Government Act, 1888 : By the late J. F. B. FIRTH, M.P., LL.B., and EDGAR R. SIMPSON, M.A., LL.M., Barristers-at-Law (1888). Price 20s. The Election of County Councils under the Local Government Act, 1888, Second Edition : By FRANK R. PARKER, Solicitor and Parliamentary Agent (Author of " The Powers, Duties, and Liabilities of an Election Agent and of a Returning Officer at a Parliamentary Election in England or Wales ; " " An Analytical Index and Digest to the Judicature Acts and Rules,"etc.) (1892.) Price 20s. The Coal Mines Eegulation Act, 1887 ; With Notes and Index by R. MAcSwiNNBY, M.A., and LEONARD SYER BRISTOWE, M.A., Barristers-at-Law (1888). Price 3*. Qd. The County Courts Consolidation and Amendment Act, 1888 : With Copious Explanatory Notes containing references to all the decided cases, and Appendices, containing the Statutes conferring jurisdiction on the County Courts in Admiralty and Probate matters; the Sections of the Debtors, Bankruptcy, Bills of Sale, and Deeds of Arrangements Acts, specially affecting the County Courts ; the Married Women's Property and Guardianship of Infants Acts, and other important Statutes dealing with the jurisdiction and Procedure of the Courts, together with all Rules under those Acts not included in the Rules of 1886; by CLEMENT ELPHINSTONE LLOYD, of the Inner Temple, and North Wales and Chester Circuit, Barrister-at-Law. Editor of the 8th Edition of Lloyd's Law and Practice of the County Courts. (1889.) Price \Qs. Qd. The Education Acts Manual, Seventeenth Edition : Embracing the Education Acts, 1870 1891. By Sir HUGH OWEN, K.C.B., Barrister-at-Law. (1891.) Price 2\s. School Board Chronicle. "Crammed with information, always to the point, and always correct." Law Times. "Thoroughly deserves the large measure of popular favour which it has received. " Notice of the 13th Edition. " Our readers know well our opinion of the supreme excellence of Owen's Manual." Notice of the l^th Edition. " Is the very model of all that such a book should be." SCHOOL OF LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES Standard Legal W< The Magistrate's Pocket Guide : . , A Key to the diverse knowledge which r uwk . " y uu 6 '0 900 Justice of the Peace. By T. BAKER, of the Inner Temple, Barrister-at- Law. (1884). Price 2s. Qd. City Press. " An extremely useful little work. The information is well arranged, and is given in a singularly small compass." Leicester Daily Post. " Sets forth in a singularly brief and useful form the various statutes justices may enforce, and the penalties they may inflict. A more useful legal handy book has seldom been published than this work. " Brief. " An admirable compilation . . The information is clearly given." Sussex Daily News. " Very completely what it professes to be . . . . Has put the magisterial law into a nutshell." The Licensing Laws, Second Edition : The five Licensing Acts are arranged so as to form one comprehensive statute, with copious explanatory notes, with an introduction giving a full description of the Licensing System, and an appendix of statutes ; the whole forming a complete handbook. By G. C. WHITELEV, M.A., Cantab., and the late F. J. LOWE, LL.M., Cantab., Barristers-at-Law. (1888.) Price 8s. Qd. Law Times. "A decidedly creditable and useful publication.'' Cambridge Chronicle. " A complete treatise upon the Licensing Laws which it simplifies and explains." Manchester Guardian. " Very carefully done . . . especially valuable." A General Formulist : For the use of Magistrates' Clerks, giving precedents for every form com- monly required ; by TEMPLE C. MARTIN. Chief Clerk of the Lambeth Police Court. (1887.) Price 6s. Qd. Fry's Lunacy Laws, Third Edition : Containing all the Statutes relating to Private Lunatics Pauper Lunatii s Criminal Lunatics Commissions of Lunacy Public and Private Asylums and the Commissioners in Lunacy ; with an Introductory Commentary, Notes to the Statutes, including References to decided Cases ; and a Copious Index of 129 pages. By G. F. CHAMBERS, Barrister-at-Law. (1891.) Price 15^. Saturday Review. " Mr. Fry has rendered a useful service in putting these Laws together in a connected and intelligible form." Law Times. " It is a decidedly valuable compendium of the law of which it treats, which, unhappily, is one of growing importance." A Treatise on the Law of .Costs in an Action in the Queen's Bench Division, and in the Court of Appeal : Under the Judicature Acts, and New Rules of the Supreme Court. By WILLIAM EDWARD GORDON, M.A., of the Middle Temple, Barrister-at Law. (1884.) Price 15*. The Powers and Duties of an Election Agent and of a Returning Officer at a Parliamentary Election in England and Wales, Second Edition : By FRANK R.PARKER, Solicitor and Parliamentary Agent. (1892.) PriceSU d. Parker's Election Manuals : For use at all Elections held under the Ballot Act. By FRANK R. PARKER, Solicitor and Parliamentary Agent. (1892.) Price 2s. GJ. each. A Manual for the Presiding Officer. A Manual for the Polling Agent. A Manual for the Counting Assistant. A Manual for the Volunteer Assistant.