Page:The Building News and Engineering Journal, Volume 22, 1872.djvu/264

 246 THE BUILDING NEWS. Marcy 22, 1872. eee LEGAL INTELLIGENCE. THe MAravis oF SALISBURY AND THE METRO- PoLITAN Boarp.—An application was made to Vice- Chancellor Wickens on the 14th inst., on behalf of the Metropolitan Board of Works, for an order requiring the Marquis of Salisbury to pay into court a sum which had been paid to him by the Metropolitan Board of Works, in pursuance of an award directing that they should pay to him £8,500 as compensation for the interference caused by the construction of the Thames Embankment, with the right of access to his property in the south of Cecil-street and Salisbury-street. The Marquis has instituted a suit against the Metropolitan Board of Works to compel them to give him a carriage way to the aforesaid property from the Thames Embankment. The Metropolitan Boardof Works contended that-the arbitrator had awarded £8,500 as a compensation for all the damage done to the property by the Thames Embankment, and that until the question was decided whether he was entitled to a carriage way, he ought to pay into court what he had re- ceived from them. ‘The Vice-Chancellor granted an order in conformity with the application. Lorp AUCKLAND y. THE BoARD OF WoRKS oF THE WESTMINSTER Disrrict.—This was a motion in Vice-Chancellor Malins’ court for an injunction to restrain defendants from taking proceedings to revent the plaintiff from erecting stables in uckingham-row, Westminster, in accordance with plans which had been submitted to them. The land in question was part of the surplus property of the Metropolitan Railway, and it was purchased in 1871 by Lord Auckland for £650, for the erection of stables near to his house in Queen’s-square. When taken by the railway company this plot formed the site of Nos. 1, 2, and 3, Buckingham-row, which were small houses with front gardens, situate atthe corner of York-place, but the houses were afterwards pulled down, and the site was sold as vacant building ground. The district board took no action upon the plans within the prescribed time, but when the work was about to be carried out they, after communicating with the Metropolitan Board on the subject, gave the plaintiff notice that he would not be allowed to build beyond the line of York-place. This, the plaintiff alleged, would deprive him of the benefit of a great portion of the land, and would render it useless for the purpose for which he purchased it—Mr. Glasse, Q.C., and Mr. Macnaghten were council for the plaintiff; and Mr. Bristowe, Q.C., and M. Cracknall for the de- fendants——The Vice-Chancellor granted the injunc- tion, observing that the board could not be allowed to deprive the plaintiff of the benefit of his purchase without giving him compensation. EARL Ferrers vy. THE STAFFORD AND UTToxEr- TER Ramway Company.—This was altogether a novel suit, and was before the Master of the Rolls last week. In June, 1864, the railway company took possession of some portions of the plaintiff's settled estate under an agreement, which provided that the purchase money or compensation should be settled by a surveyor. The surveyor awarded £8,887, which was paid into court under the provi- sions of the Lands’ Clauses Consolidation Act, and was in February, 1869, re-invested in land, under an order of the Court of Chancery, which directed the company to pay the costs, according to the Act. The plaintiff's cost of the reference to the surveyor should have formed part of these costs; but no step was taken to ascertain their amount until April, 1867, when the surveyor awarded £414 in respect of these costs. By this time the company had become insolvent, and their affairs were in the hands of a receiver. After some further delay, the cause of which did not appear, the plaintiff, finding he had little or no chance of getting paid his costs of the reference, filed his bill in March last, praying for a declaration that he was entitled toa lien on the land and to the rights of an unpaid vendor, in respect of the above sum of £414, and another sum of £79, due for the arbitrator’s expenses, and that a direction might be given, if necessary, for enforcing such lien by asale of land. This was the hearing of the cause.— The Master of the Rolls said it was a new of species of suit. Was the owner of land taken by a railway company entitled to file a bill to recover a portion of the cost incurred by him in relation to the pur- chase after the purchase money and everything else had been paid? It was an important question, for if the bill would lie, the plaintiff would obtain priority over every other creditor of this insolvent company. It was observable that when the pur- chase money was paid into court, as in this instance, the 80th section of the Act gave the vendor a special remedy for his costs, by enabling ‘the Court on his application to direct the company to pay such costs. Why had not the plaintiff availed himself of his remedy under that section? In February, 1865, he got an order directing the company to pay his costs according to the Act, and why did he not proceed to ascertain what his costs of the reference were, and include them among his other costs, inasmuch as they necessarily came under that order? Instead of doing so, he waited six or seven years, and then filed his bill. Tt was an experiment which he (the Master of the Rolls) was not disposed to encourage, and he would dismiss the bill with costs, INTERFERENCE By District SuRyEYor. — Starkey v. THornE & Turner.—In this case, heard last week in the Lord Mayor's Court, the plaintiff had contracted to do certain brickwork for £110, but in consequence of the interference of the District Surveyor, after the contract had been signed, brickwork 9in. thick had to be substituted for 44in., some portion of the work being filled in instead of being arched. Plaintiff claimed £10 for extra work, making allowance for the item last named. Defen- dants maintained that plaintiff had agreed to do the work at the original contract price, which was denied. Verdict for plaintiff. Action AGAINST A BuILDER.—DeExay v. BRAss. —This action, heard last week in the Lord Mayor's Court, was to recover damages for an accident caused by a pole falling from a building in course of con- struction in Watling-street, near Bow-lanc.—The plaintiff gave evidence to show that the pole was in a dangerous state.-—T’he Common Serjeant said the question was whether there was any negligence. The pole was not put up to bear any weight. It was not a part of the scaffolding ; it was put up to sustain a wall, and the more insecure the wall the tighter would be the pole. The swinging of an iron door had loosened the pole, andit came down. It was a question whether the pole was ever assigned to be subject to such a test as it was. He thought, as had been suggested by Mr. Salter, on behalf of the defendant, that there was no case for the jury.— Mr. M‘Rae Moir, for the plaintiff, said he wished to present his case to the jury. The plaintiff was a working man, and the defendant had offered him a sum of money as compensation on account of this accident. He had been injured in the head, and was taken to a hospital, where he remained a fortnight. Several of the jury said they wished the case to pro- ceed, and acting on this, Mr. Salter addressed them, observing that Mr. Brass had offered the plaintiff a sum of money from consideration and kindness alone. He called their attention to the fact that the pole had been in the condition it was before it fell for two months, and maintained that the plaintiff or his master was responsible for the falling of the pole. There was a good deal of evidence given on both sides, and it was of a conflicting character. Byen- tually, the jury stopped the case, giving their verdict in favour of the defendant. A SEWAGE QuEsTION.—Vice-Chancellor Wickens gaye judgment on Wednesday afternoon in the case of Askew v. Ullyerston Sewer Authority (or Loeal Board) for an injunction to restrain the Local Board from discharging the sewage of the town into a stream or “beck” which flows through the plaintiff's land. His Honour, being of opinion that the plaintiff had failed to make out a case of nuisance, and that there was no absolute yeto in the Public Health Act of 1848, orin any of the Acts dealing with this ques- tion, against the works which have been constructed by the defendants, dismissed the bill, but without costs. ‘ ne eee PARLIAMENTARY NOTES. Tue PHa@yxrx GAs CompANY AND THE SouTH Lonpon Gas Brii.—Sir J. Lawrence on Friday last asked the President of the Board of Trade if his attention had been called to a public announce- ment by the Secretary of the Phoenix Gas Company that the directors had undertaken the responsibilities of the South London Gas Bill in deference to the opinions of the Board of Trade; and if the Board of Trade had been made aware of the terms and conditions of the proposed amalgamation of the two gas companies, by which the price of gas was to be advanced to all consumers in the south metropolitan district.—Mr. C. Fortescue: My attention has been called to a certain printed document containing the statement in question, and I have to say that it is a mere error, and is absolutely without foundation, however it may have found its way into the docu- ment. There was in the course of last summer certain correspondence between the Phoenix Com- pany and the Board of Trade, in the course of which the latter expressed an opinion in favour of the ex- tension of the principle of amalgamation as applied to the metropolitan gas companies; but the Board knew nothing of the Bill until it was before the house: and as soon as the statement in question was brought under my knowledge, communications were addressed to the Metropolitan Board of Works and to Camberwell Vestry entirely repudiating all responsibility on the part of the Board of Trade. Tue PRoposrp LiGHT ON THE Houses or PAr- LIAMENT.—Mr. Peek asked the First Commissioner of Works if the intention of placing an electric light on the tower while the House of Commons was sitting had been given up; and, if so, why. Mr. Ayrton: The proposal was very carefully con- sidered, but it was found to be much more costly than, perhaps, the circumstances of the case would justify, as the occasions seem to be diminishing in which the house has to rise before the hours of one or two in the morning. The House is only in the habit of suspending its sittings when it finds its time occupied by motions that are irrelevant or un- important. I am considering some more economical plan by which sufficient light may be exhibited. Water Suppry.— Mr. Kay-Shuttleworth on Thursday week asked the member for Truro whether the Metropolitan Board of Works have made and are about to make application to any of the water com- panies requiring them to give a constant supply of water in any districts of the metropolis.—Colonel Hogg was understood to reply that before water companies could be compelled to give a constant supply, certain regulations as to the fittings had to be made, and those regulations had to be sent tothe Board of Trade, and no further steps could be taken pending the investigation by the Board of Trade. LEIcESTER-SQUARE.—Lord E. Cecil asked the member tor Truro whether the Metropolitan Board of Works had come to any decision upon the best manner of laying out Leicester-square.—Colonel Hogg, in reply, said the noble lord was not quite correctly informed when he said that Leicester- square had been for some years under the control of the Board. They had entertained that opinion after the passing of the Gardens in Towns Act, but when they proceeded to deal with it they were met by an action which was decided against them, so that he did not see any remedy to what he admitted was a disgrace to the metropolis. The London Central Railway, however, had obtainedan Act which would enable them to interfere with Leicester-square, and if its scheme were carried into effect a great improye- ment would take place. Pusiic Heaurn Bru.—Sir M. Lopes on Monday asked the President of the Local Government Board, whether he was able to give any estimate of the average increased rate in the pound which the provisions of the Public Health Bill would impose upon the ratepayers for the following objects, or any one of them:—Expenses of officers, offices, and other establishment, charges ; of sewerage works and prevention of nuisances ; expenses relating to supply and purity of water ; of disinfecting apparatus and conveyances for infected persons; for hospital accommodation, dispensaries, medicine, and medical attendance for non-paupers ; and whether he pro- posed, and if so, by what means, to give effect to the recommendation of the sanitary commission that the expenditure for such sanitary objects should be aided by the State——Mr. Stansfeld could not give anything like a reliable estimate of the financial effect of a measure of this character, when it had not been read a second time. He should be prepared to make a statement to the House on the subject at the proper time. In reply to the second question, the recommendation of the sanitary commission was now under the consideration of the Government, and after they had come to a decision upon it he would make a specific statement with reference to the matter. a rs CHIPS. Mr. 8. W. Kershaw, M.A., Librarian to the Royal Institute of British Architects, and Librarian at. Lambeth Palace, is engaged on a work entitled “The Art Treasures of Lambeth Palace.” Towards the £30,000 fund for cutting a driftway under the English Channel, in connection with the proposed channel tunnel, about £10,000 has already been subscribed, many eminent engineers and con- tractors being subscribers. The Russian Council of State has granted the sum of 980,000 roubles for the construction of a permanent and durable railway bridge over the Vistula at Warsaw, by means of which a direct communication, without any break of continuity, will be established between the 8. Petersburg and Warsaw Railway, and the Warsaw and Vienna line. The corner stone of the City Hall and Law Courts of San Francisco is to be laid to-day. The Metropolitan Board of Works agreed on Friday last to contribute one-half of the cost, esti- mated at £2,000, of an improvement proposed to be effected by the Strand District Board, by throwing into the public way that portion of the churchyard which lies south of the church of 8. Mary-le-Strand. On Saturday last the members of the Birming- ham Industrial Lodge of Carpenters met for the purpose of presenting a member, Mr. Cale, with £50, to enable him to enter business on his own account, as he had been incapacitated from following his trade, Mr. Hugh 8S. Cregeen has beenappointed surveyor to the Bromley Local Board. The seventh annual meeting of the Driffield and East Riding Benefit Building Society was held on Friday week. The report states that the society had progressed with continued prosperity, and the committee were able to declare a dividend to shareholders of £7 10s. per cent. During the year 120 ordinary shares had been taken. At the close of the year 553 unadvanced shares were held by 173 members. The profit for the year was £464 14s. 4d., and the reserved fund was £178 18s. 3d. The balance in the bank at the close of the year was £1,065 13s. 3d., but which had since been in- vested. The present assets were £11,943 12s. 9d. Mr. Benjamin Dixon, who has represented the Limehouse District at the Metropolitan Board of Works since its establishment sixteen years ago, has — resigned.