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SUBJECTS OF CASES.

Costs-Public authorities-Ac ion against-Juris-

diction of judge to deprive successful defendant

of costs-" Good cause"-Conduct antecedent

to the litigation-Public Authorities' Protection

Act 1893 (56 & 57 Vict. c. 61), s. 1 (b)-Order

LXV., r. 1

Injunction--Action to restrain proceedings under
Metropolis Management Act 1878, s.
Interim injunction
Mandamus to justices to state case-Decision
66 erroneous in point of law "-Previous decision
of High Courts binding on justices-Summary
Jurisdiction Act 1879 (42 & 43 Vict. c. 49),
8. 33 (1)
Mode of trial-Case removed for trial under
Fugitive Offenders Act 1881 (44 & 45 Vict. c.
69), s. 35-Jurisdiction under Order in Council 208
Order for maintenance of parent-"Sum adjudged
to be paid"-Appeal to quarter sessions—
43 Eliz. c. 2, s. 6-Metropolitan Police Court
Act 1839 (2 & 3 Vict. c. 71), s. 50

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133

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656

189

SUBJECTS OF CASES.

page 475

Gravel pits-Exhaustion of parts-Different agree-
ments-Basis for rating
Land used as railway for public conveyance-Ex-
emption Sidings, platforms, and lines at dock
station-Connection with main line....
Market garden-Glasshouses-" Agricultural land
"Buildings "--Agricultural Rates Act 1896
(59 & 60 Vict. c. 16), ss. 3, 9.
Poor rate-Advertising agent

Hoardings in pub-
lic streets - Displaying advertisements thereon-
Person who " permits" the land to be used for
advertisements-Rateability of advertising agent
-Advertising stations (Rating) Act 1889 (52 &
53 Vict. c. 27), s. 3

Poor rate Change of occupation-Payment of pro-
portion--Period for making the rate-Period
from allowance by justices -Issue of distress war-
rant
Poor rate--Metropolis--Quinquennial valuation-
Supplemental valuation list -Alterations during
preceding twelve months-Alteration in value of
particular hereditament-Evidence-Valuation
(Metropolis) Act 1869 (32 & 33 Vict. c. 67), ss.
43, 46, 47...

270

359

441

444

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416

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106.

Engagement of seaman abroad-Advance of wages
to seaman-Advance note-Right of master to
deduct 8 Geo. 1, c. 24, s. 7-Merchant Ship-
.ping Act 1894 (57 & 58 Vict. c. 60), ss. 140, 163. 123
SEWER.

Drainage Right to pollute watercourse-40 & 41
Vict. c. xxxvi., s. 134........

(See Local Government-Public Health.)

SHIPPING.

Engaging seamen for ships-Licence of Board of
Trade-Necessity of licence in case of foreign
ships-Fine-Remedy for recovery of-Merchant
Shipping Act 1894 (57 & 58 Vict. c. 60), ss. 111
(1) (4), 680 (b), 681 (2)

SHOP.

Pageboy in hotel-Domestic servant-Shop Hours
Act 1892 (55 & 56 Vict. c. 62), ss. 3, 4, 9

SPECIAL ACT.

409

234

458

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698

Appeal to High Court-Notes of proceedings before
justices-Duty of clerk to furnish notes-Nature
of notes to be taken
Notes of evidence before justices-Duty of appellant
to supply two copies

594

594

Wilful neglect Agreement for separation-Evi-
dence Costs of wife

595

313

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Proceedings against officers of Magisterial orders
for payment of sums due-Civil debt-Criminal
proceedings-Certiorari-Orders regular on the
face-Trade Union Act 1871 (34 & 35 Vict.
c. 31), s. 12-Summary Jurisdiction Act 1879
(42 & 43 Vict. c. 49), s. 6
Strike Picketing Inducing persons to break
contracts—“ Watching and besetting"-Inter-
locutory injunction Masters' association
Action of tort-Practice-Parties-Order XVI.,
r. 9. -Conspiracy and Protection of Property Act
1875 (38 & 39 Vict. c. 86), ss. 3, 7
Strike Picketing-" Watching or besetting
Nuisance Injunction-Conspiracy and Protec.
tion of Property Act 1875 (38 & 39 Vict. c. 86),
s. 7

TRAMWAY.

Purchase by local authority-Compulsory pur-
chase under Tramways Act 1870 (33 & 34 Vict.
c. 78), s. 43-Purchase under earlier local Act-
Contingency--Basis of valuation--Southampton
Corporation Tramways Act 1897 (60 & 61 Vict.
c. cxxvi.), ss. 2, 3, 4

Purchase of undertaking by legal authority-
Purchase, under special Act, before expiration of
twenty-one years-Valuation Contingency of
purchase under Tramways Act 1870-South-
ampton Coporation Tramways Act 1897 (60 &
61 Vict. c. cxxvi.), ss. 1, 5

UNSOUND MEAT.

(See Public Health.)

URBAN AUTHORITY.

652

315

182

53

127

413

(See Local Government-Private Street Works-Rates.)

VAGRANCY.

(See Criminal Law.)

VAGRANT.

Wil-

Person suffering from delirium tremens-
fully refusing or neglecting" to maintain himself
-Vagrancy Act 1824 (5 Geo. 4, c. 83), s. 3 page 675

VESTRY.

(See Local Government-Metropolis.)

VOTERS, REGISTRATION OF.
Division of district or borough into wards-Notice
of objection-Omission of notice to specify ward
of person objected to-Registration Order 1895,
sched. 2, form 1

(See Parliament.)

WATER RATE.

House with rent under £10-Payment of water
rate by landlord-" Person supplied with water
-Liability for negligently allowing waste from
broken pipe...

WATER RIGHT.
(See Public Health.)

WATER SUPPLY.
(See Local Government.)

WATERWORKS.

Waterworks

..575

200

Metropolis Fire hydrants - User
Clauses Act 1847 (10 & 11 Vict. c. 17), ss. 3, 37,
43- Metropolitan Fire Brigade Act 1865 (28 &
29 Vict. c. 90), s. 32-Metropolis Water Act
1875 (34 & 35 Vict. c. 113), s. 34-London
County Council (General Powers) Act 1894 (57
& 58 Vict. c. ccxii.), s. 4
484

WEIGHTS AND MEASURES.

Barrel used as measure No facility by local
authority for verification and stamping-Weights
and Measures Act 1878 (41 & 42 Vict c. 49), ss.
29, 44
Coal-Sale of-Ticket Coal weighed at pur-
chasers' on delivery-Weights and Measures Act
1889 (52 & 53 Vict. c. 21), s. 21 (1) (2)
Coal ticket Merchant trading under trade name-
Insertion of trade name as seller-Sufficiency
-Weights and Measures Act 1889 (52 & 53
Vict. c. 21), s. 21

621

104

265

False or unjust weighing-machine-Paper under
scoop-Facilitate process of weighing-Legality
of Weights and Measures Act 1878 (41 & 42
Vict. c. 49), s. 25
336

WILFUL DAMAGE TO PROPERTY.
Fair and reasonable supposition" of right—
Bona fides-Jurisdiction of justices-Malicious
Damage Act 1861 (24 & 25 Vict. c. 97), s. 52. 91

WILFUL NEGLECT.

(See Manslaughter.)

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WOODEN STRUCTURE.
(See London Buildings.)

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H. OF L.]

SANDGATE URBAN DISTRICT COUNCIL v. COUNTY COUNCIL OF KENT.

HOUSE OF LORDS.

Nov. 18, 22, 24, and 25, 1898.

(Before The LORD CHANCELLOR (The Earl of Halsbury), Lords WATSON, SHAND, DAVEY, and LOPES.)

SANDGATE URBAN DISTRICT COUNCIL v. COUNTY COUNCIL OF KENT. (a)

ON APPEAL FROM THE COURT OF APPEAL IN ENGLAND.

Highway-Maintenance and Repair-Sea wall— Esplanade-Works necessary for protection of road-Annual payment-Local Government Act 1888 (51 & 52 Vict. c. 41), s. 11. sub-s. 2.

A local authority under an obligation to keep up a road is chargeable with the cost of works necessary for the preservation of the road, even though they may not actually form part of it, such as a sea wall and groynes necessary to prevent a road running along the sea shore from being periodically injured by inroads of the sea. The fact that a footpath along the top of such sea wall is, besides being part of the highway, used as a promenade or esplanade for the purposes of pleasure, does not affect the liability to repair. The words "annual payment towards the costs of maintenance and repair" in sect. 11, sub-sect. 2 of the Local Government Act 1888 mean a payment to be made annually in respect of the expenditure of the particular year, not a fixed sum to be arrived at by taking the average expenditure over a series of years. Judgment of the Court of Appeal reversed.

THIS was an appeal from a judgment of the Court of Appeal (Lord Esher, M.R., Smith and Rigby, L.JJ.) delivered in June 1897, who had reversed a judgment of the Divisional Court (Cave and Lawrance, JJ.) upon a case stated by an arbitrator appointed by the Local Government

(a) Reported by C. E. MALDEN, Esq., Barrister-at-Law.
MAG. CAS.-VOL. XIX.

[H. OF L.

Board under sect. 11, sub-sect. 4, of the Local Government Act 1888. The case is reported below in 61 J. P. 517, and on a preliminary point not affecting the present appeal in 72 L. T. Rep. 725; (1895) 2 Q. B. 43. The appellants were the highway authority for the district of Sandgate, and in the year 1893 their predecessors, the Local Board of Sandgate, made a large claim against the respondents under sect. 11 of the Local Government Act 1888, in respect of the costs alleged to have been incurred by them during the four years ending the 25th March 1893, in the maintenance, and repair, and reasonable improvement of such part of the main road running from Folkestone to Hythe as was within their district. The part of the road referred to was within the urban district of Sandgate, and lay along the sea front and abutted upon the foreshore. The claim was repudiated by the respondents, and the difference was referred to the arbitration of the Local Government Board, and by an order of the Local Government Board under sect. 63 of the Local Government Act 1888, Mr. Thomas Codrington, a member of the Institute of Civil Engineers, was appointed to act as arbitrator. The arbitrator published his award in the form of a special case on the 1st Jan. 1897. By the award, some items of which were in favour of each party, the county council were ordered to pay 61881. to the appellants. The special case was heard by the Divisional Court on the 19th March 1897, and judgment was given on the 6th April 1897, confirming the award both as to the amount awarded to the appellants and as to the residue of the award in favour of the respondents, and the Court directed that each party should pay their own costs. Both parties appealed, and the appeals were heard together on the 24th and 25th June 1897, and judgment was given on the 25th June 1897, in favour of the respondents on both appeals, directing the arbitrator to reject the whole claim of the appellants and to award entirely in favour of the respondents. The road in question was a part of a road running from

B

H. OF L.] Folkestone to Hythe, and in the year 1883, when it became a main road; there was, between the carriage road and the sea, what was then, and still was known as the "Esplanade." It had been made at various times, and was of various widths. Beyond that there was a piece of land between :the esplanade and the carriage road, which was laid out ornamentally and planted with shrubs. As long ago as 1867 the local board had repaired and improved it for the purposes of a promenade by regulating the width, kerbing and paving the same throughout. Throughout the entire length it was faced by a sea-wall, the outer edge of the esplanade being on the top of the sea-wall. This sea-wall had been erected at different times and under different circumstances, and besides protecting the esplanade and ornamental grounds from the inroads of the sea, it helped to protect parts of the carriage road also.

SANDGATE URBAN DISTRICT COUNCIL v. COUNTY Council of Kent.

Dickens, Q.C., Cunningham Glen, and Drake Brockman, for the appellants, argued that, upon the findings of the arbitrator, the decision of the Queen's Bench Division was right, and should be restored. The sea wall and groynes are found to be necessary for the support and maintenance of the road, and therefore the appellants are entitled to be repaid what they have spent upon them. "Annual payment" in sect. 11, sub-sect. 2 of the Local Government Act 1888 means a payment of the expenses incurred in each year. The cases relied on by the appellants in the court below (Reg. v. Inhabitants of Paul (2 Moo. & Rob. 307), Reg. v. Inhabitants of Bamber (5 Q. B. 279), Reg. v. Inhabitants of Hornsea (23 L. J. 59, M. C.) are not applicable, and Reg. v. Inhabitants of Greenhow (35 L. T. Rep. 363; 1 Q. B. Div. 703) is really an authority in favour of the appellants. See also

Reg. v. Inhabitants of Lordsmere, 54 L. T. Rep.
766;

Improvement Commissioners of Leek v. Justices of
Staffordshire, 20 Q. B. Div. 794;

Rex v. Inhabitants of Landulph, 1 Moo. & Rob.
393;

Reg. v. Inhabitants of High Halden, 1 F. & F. 678; Reg. v. Inhabitants of Henley, 2 Cox C. C. 334. Macmorran, Q.C. and Bray, Q.C., for the respondents, contended that the findings of the arbitrator could not be supported on the evidence. In any case the esplanade cannot be part of the road for the repair of which the respondents may be made liable. "Annual payment' fixed sum annually.

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Dickens, Q.C. was not called on to reply.

At the conclusion of the argument for the respondents their Lordships gave judgment as follows:

The LORD CHANCELLOR (the Earl of Halsbury.)-My Lords: In this case, before I deal with the merits of the appeal, I wish to say a word or two upon the subject of the form of the award, because I think that scant justice has been done to the arbitrator in regard to the form in which this case is stated. I think, with great respect for those who think otherwise, that they have not sufficiently considered the complex nature of the problem which the arbitrator was called upon to solve. At common law all parishes were bound to repair their own roads. But when county councils were established, the duty was cast upon them of maintaining and keeping in

[H. OF L.

repair the main roads in their counties. To that there was added a further provision, that if any local authority thought proper to claim the right of dealing with their own roads they might do so. But the Legislature did not, even in such a case, cast the whole cost of the maintenance of their roads on the particular district; the county council is to make a contribution for the purpose. In those circumstances it is obvious that the question of amount is a matter which, unless settled by agreement, can hardly be determined by the ordinary courts of law. The Legislature accordingly provided that on failure of the parties to agree on the contribution of the county council it should be determined by the Local Government Board. There was a road bordering on the sea, in some places close to the sea, and in some parts further off; in respect of some part of the road it was contended, and found by the arbitrator, that it was part of the main road, and therefore it was beyond doubt within the jurisdiction of the arbitrator to award the contribution with respect to the maintenance and repair of that part of the main road. Other questions appear to have been raised as to whether when a thing was not actually part of the main road, but became necessary for the support of the main road, so that the road could not exist as a main road without it, but would be in a continual state of disrepair, the county council could be called upon to repair it, and further it was apparently successfully contended that the main road parted from the sea shore at a point which was not either the main road itself, or connected with, or forming part of the support in maintainance of it, and that if the local authority thought proper to spend money upon it there, they must pay for it themselves. That was the sort of problem that the arbitrator had to solve, and it is manifest from the mere statement of these facts that he had to go into them with great minuteness. [His Lordship discussed the form of the award, and continued.] Now, let me deal with what I may call the merits of the appeal. The first and main question is, of course, whether the road or any part of it, and if so, what part, is part of the main road? Subject to the question of the amount to be allowed, which is a question of fact for the arbitrator, he has found in terms, with respect to a cousiderable part of it, that it is part of the main road, and therefore, so far as that part of the award is concerned, it is conclusive against the County Council, and perfectly according to law. Then there comes another part as to which he finds that it is not part of the main road strictly speaking, but is so necessary to the maintenance of the main road, that unless that construction was there the main road might be washed away. It was argued before the arbitrator that in point of law the expenses, as regards that part were not recoverable because it was not part of the main road. To my mind that contention is absurd. Is it common sense to say that where the obligation is to maintain the road and keep it in repair, you can, by neglect, allow that duty to be so disregarded that in time the road may be washed away, so that your liability or obligation ceases? Such a proposition is, to my mind, absolutely monstrous. The obligation at common (and the same obligations have been handed on to the various bodies which in turn have received by

law,

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