(18 & 19 Vict. c. 120), as amended by section 77 of the Metropolis Management Amendment Act, 1862 (25 & 26 Vict. c 102), an action lies against successive owners of premises fronting or abutting on a new street in the metropolis to recover the apportioned part of the expenses of paving the street, and the Statute of Limitations (21 Jas. 1, c. 16) does not begin to run, if at all, in favour of any such owner until payment has been demanded from him. Hampstead Borough Council v. Caunt (K. B. D., 8 April, 1903), [1903] 2 K. B. 1 ; 72 L. J. K. B. 440; 88 L. T. 599: 51 W. R. 700; 67 J. P. 344 ; 1 L. G. R. 507; 19 T. L. R. 407. Paving Expenses-Road made by Railway Co.-Ultra ViresAccommodation Road-Railway Clauses Consolidation Act, 1845, s. 68; Public Health Act, 1875, s. 150. A railway company made a road in 1848; and in 1860 when they sold superfluous land adjoining the road referred to it as a "street and covenanted to leave it open and unbuilt upon. Held that the facts were not inconsistent with the road being an accommodation road within the powers of section 68 of the Railway Clauses Consolidation Act, 1845 (8 & 9 Vict. c. 20) and that in any case it must be presumed that the railway company had acted within their powers and that being so the road could be dealt with as a "street" by the local authority for the purposes of section 150 of the Public Health Act, 1875 (38 & 39 Vict. c. 55). Stretford Urban District Council v. Manchester, South Junction and Altrincham Railway Co. (C. A., 12 June, 1903), 68 J. P. 59; 1 L. G. R. 683; 19 T. L. R. 546. Work in Excess of Plans and Specifications-Recovery of Part Expense from Frontagers-Public Health Act, 1875, s. 150. An urban district council gave notice under section 150 of the Public Health Act, 1875 (38 & 39 Vict. c. 55), to the frontagers of a certain road requiring them to sewer the road according to plans and sections deposited in the office of the council. The notices were not complied with and the council sewered the road; but instead of doing that which was described in the plans and sections they made arrangements by which the sewering of the road was combined with other works and so became useful for the purpose of the general drainage of their district. Held that the council were justified in apportioning on the frontagers the expenses which would have been incurred if they had restricted themselves to the scheme shown in the deposited plans and sections and had not enlarged their operations. Acton Urban District Council v. Watts (Ch. D., 10 June, 1903), 67 J. P. 40c; 1 L. G. R. 594. Notice of Provisional Apportionment Service on Manager Owner's Liability-Private Street Works Act, 1892, s. 14. The expenses of private street works cannot be recovered from an Streets :-(2) Private Street Works-continued. owner of premises under section 14 of the Private Street Works Completion of Works-Final Apportionment of Expenses- By section 12 of the Private Streets Works Act, 1892 (55 & 56 Vict. c. 57), when any private street works have been completed, and the expenses thereof ascertained, the surveyor of the urban authority is to make a final apportionment of the expenses; and such final apportionment is conclusive for all purposes, but within one month after notice of the apportionment the owners of premises may object thereto upon the grounds (inter alia), or either of them, that the final apportionment has not been made in accordance with the section, and that there has been an unreasonable departure from the deposited specification, plans, and sections. The appellant, an owner affected by a final apportionment under the section, did not object thereto within one month after he received the notice; but when summary proceedings were taken against him under section 14 of the Act, to obtain payment of the sum apportioned upon him, he objected before the justices that the works had not been "completed" within the meaning of section 12, and that the surveyor had, therefore, no power to make a final apportionment of the expenses. Held that such objections could not be raised before the justices on the hearing of a summons and that evidence in support of them was rightly rejected by the justices. Hayles v. Sandown Urban District Council (K_B. D., 28 Oct., 1902), [1903] 1 K. B. 169; 72 L. J. K. B. 48 ; 88 L. T. 61; 51 W. R. 348; 67 J. P. 177; 1 L. G. R. 187. Streets: (3) Vesting--see also "Highways:—(1) Dedication and Overhead Wires-Old Turnpike Road-Vesting in Urban The purposes for which a street vest in an urban sanitary authority under section 149 of the Public Health Act, 1875 (38 & 39 Vict. c. 55) are the control, protection and maintenance of the street as a highway for public use. All the stratum of air above the road which in any reasonable sense could be required for the user of the street as a street, and all the stratum of soil below the surface which could be required for the purposes of the street as a street vest in and belong to the authority. The operation of the section is not enlarged in the case of a highway of which the fee simple was acquired by turnpike trustees and the urban sanitary authority have no right to interfere with electric wires being carried over such a highway at a height which does not interfere with its use as a street. TUNBRIDGE WELLS CORPORATION V. BAIRD ([1896] A. C. 434; 65 L. J. Q. B. 451) followed. Decision of Chancery Division' ([1902] 1 Ch. 866) reversed. Finchley Electric Light Co., Ltd. v. Finchley Urban District Council (C. A., 11 Feb., 1903), [1903] 1 Ch, 437; 72 L. J. Ch. 297; 88 L. T. 215; 51 W. R. 375; 67 J. P. 97; 1 L. G. R. 244; 19 T. L. R. 238. Streets:-(4) Miscellaneous. out Metropolis-Things Hanging Over Pavement-Reflector Lights- * * * Reflector lights were fixed into the face of a building by lugs or staples and hung at a height of about 15ft. over the pavement to the extent of about 4ft. Held that section 65 of the Metropolitan Paving Act, 1817 (57 Geo. 3, c. xxix.), which makes it an offence to hang meat or offal, or other matter or thing whatsoever from any house over the pavement or area did not apply to things so fixed, but applies to temporary matter only. Winsborrow v. London Joint Stock Bank (K. B. D., 15 May, 1903) 88 L. T. 803; 67 J. P. 289; 1 L. G. R. 531; 19 T. L. R. 500. Sunday-see" Gas.” Telephones : Agreement by Company with Local Authority-Determination of Agreement-New Licence to Local Authority-Duration of Powers of Company-Taxation of Costs in Action-Telegraph Act, 1899, s. 3 (1); Public Authorities Protection Act, 1893. Section 3 (1) of the Telegraph Act, 1899 (62 & 63 Vict. c. 38) provides that subject to certain conditions being fulfilled the Postmaster-General may in granting a new licence to a local authority or another company provide that any powers acquired by an existing company by agreement with any local authority "shall continue for the period specified in the new licence for the duration thereof." Held that the word "thereof" refers to "powers" and not to the See Law and Legislation, 1902, p. 197. Telephones-continued. "new licence," and that where any such powers have come to an end under a proviso for determination contained in an agreement, the subsequent grant to the local authority of a new licence which specifies nothing as to the duration of any such power does not operate to extend any powers under an agreement. A determination of powers under such an agreement is not an "act done in pursuance or execution or intended execution, of any Act of Parliament or of any public duty or authority" within the meaning of section 1 of the Public Authorities Protection Act, 1893 (56 & 57 Vict. c. 61) so as to require that in any action brought against a local authority in respect of the matter the costs of the successful local authority should be taxed as between solicitor and client. National Telephone Co., Ltd. v. Kingston-upon-Hull Corporation (Ch. D., 27 June, 12 Aug., 1903), 89 L. T. 291; 51 W. R, 617; 52 W. R. 26; 68 J. P. 62; 1 L. G. R. 777; 19 T. L. R., 577. Tolls: Bridge-" Carriage hung on Springs"-Application to Bicycle Local Act. A local Act (5 Geo. 4, c. cxiv.) which authorized the building of a bridge directed (s. 78) that the following, among other tolls, should be demanded. "For every person on foot and if with a wheelbarrow or such like carriage the sum of id.. For every coach, chariot, hearse, chaise, Berlin landau and phæton, gig, whiskey-car, chair or coburg, and for every other carriage hung on springs the sum of 6d. per wheel, and for each horse or other beast of draught drawing the same the sum of 2d." Held that a bicycle with a saddle borne by springs was not a carriage within the section. Quære whether it is a "carriage hung on springs " within the meaning of the enactment. CANNAN V. EARL OF ABINGDON' ([1900] 2 Q. B. 66) considered. Decision of King's Bench Division (85 L. T. 726) affirmed. Simpson v. Teignmouth and Shaldon Bridge Co. (C. A., 9 Feb., 1903), ([1903] 1 K. B. 405) ; 72 L. J. K. B. 204; 88 L. T. 117; 51 W. R. 545; 67 J. P. 65 ; 1 L. G. R. 235; 19 T. L. R. 225. Bridge-" Carriage"-Application to Bicycle-Local Act. A local Act (39 Geo. 3, c. xxviii.) authorized the construction of a bridge and the taking of tolls for passage over the same (s. 11). Amongst the tolls was one, "For every sledge, drag, or such like carriage, the sum of sixpence." Held that a bicycle was not a 'carriage" within the meaning of the enactment. Decision of King's Bench Division3 (66 J. P. 679; 18 T. L. R. 568) affirmed. 66 See Law and Legislation, 1900, p. 110. 2 See Law and Legislation, 1902, p. 198, 3 See Law and Legislation, 1902, p. 199. Smith v. Kynnersley (C. A., 19 March, 1903), [1903] 1 K. B. 788; 72 L. J. K. B. 357; 88 L. T. 449; 51 W. R. 548; 67 J. P. 125; 1 L. G. R. 393; 19 T. L. R. 335. Tramways : Position of Gas Mains and Pipes-Powers of Arbitrator- An arbitrator appointed by the Board of Trade under section 33 of the Tramways Act, 1870 (33 & 34 Vict. c. 78) to determine a question under section 30 between a gas company and the promoters of an electric tramway as to what alterations (if any) in the position of gas mains may be necessary is empowered to direct that the gas mains should "be lowered to a sufficient extent to admit of service pipes between the main and the houses on the side of the tramway remote from the main being laid, so as to enable these service pipes to be carried horizontally under the bottom of the trench in which the electric conduits are placed without having to cut through any concrete which may be used under the bottom of such trench. In those places where the position of the gas mains is underneath the tramway, or so close to it that access to the gas main could not conveniently be effected without interference with the tramway, the gas main shall be moved laterally to such a distance as to enable such access to be obtained without interference with the concrete trench under the tramway." Re an arbitration between the Ilford Gas Company and the Ilford Urban District Council (K. B. D., 19 Jan., 1903) 88 L. T. 236; 67 J. P. 239; 1 L. G. R. 213. Purchase by Local Authority of Lines of Promoters-Leased Lines -Working as One System-Depôts and other Property used for whole System-Obligation of Local Authority to Purchase "all" without Apportionment—Tramways Act, 1870, s. 43. The promoters of tramways in a city who were also lessees of other lines from the corporation worked all the lines as one complete system. When the lease fell in the corporation refused to renew it, and served notice under section 43 of the Tramways Act, 1870 (33 & 34 Vict. c. 78), requiring the promoters to sell to them their own undertaking. The depôts, cars, horses, and plants were all used not merely for the purposes of the lines to be sold to the corporation, but also for the purposes of the leased lines. It was found that the depôts, cars, horses, and plants were suitable to and used for every part of the tramway system. Held by the Kings Bench Division' (87 L. T. 504) that the corporation must pay for "all" the depôts, cars, horses, and plants on the basis that they were suitable to and used by the promoters for the purpose of their undertaking as 1 See Law and Legislation, 1902, p. 200. |