524

THE COLLIERY GUARDIAN.

March 6, 1914.

IMD1AD a®D CTLM&L SOTES.

Africa.

Coal Production in 1913.—In the year just closed there
were imported into British South Africa 42,210 short tons
of coal, valued at £29,896, and 29,365 tons of coke and
patent fuel, valued at £34,041 ; in 1912 the respective totals
were 56,504 tons of coal (£38,080), and 31,432 tons of coke
and patent fuel (£29,927). The value of the mining machinery
was £829,615, as against £736,735. Exports of coal from the
Union amounted to 2,312,324 tons, valued at £1,392,464, as
compared with 1,593,210 tons, valued at £1,182,252 in 1912.
In 1913 there were produced 8,801,216 tons of coal, valued at
£2,216,944. The following table shows the totals for the
various provinces (in short tons) :—

Coal sold.	Value at pit’s mouth.

1912.	1913.	1912.	1913.

Tons Tons	<£

Transvaal .......... 4,751,850...	5,225,036...	1,404,986...	1,142,598

Cape................... 74,701...	67,481...	41,257...	38,752

Orange Free State 525,459...	609,973...	141,380...	167,409

Natal .............. 2,765,068...	2,898,726...	771,755...	868,185

Total .......... 8,117,078...	8,801,216... 1,999,378... 1,216,944

Australia.

The New South Wales Trade.—Despite pessimistic rumours
to the contrary, the outlook in the New South Wales coal
trade appears encouraging. According to our Sydney corre-
spondent, the increased facilities to be provided for loading
coal at Newcastle will do much to retain the coal trade of
the port, unless labour disputes intervene. During the last
month of 1913 business was exceptionally brisk, and the
exports—oversea and inter-State—exceptionally large, the
total quantity 460,592 tons, of which 375,761 tons were for
Commonwealth and New Zealand ports, the largest ship-
ments being for Victoria, South Australia, and New
Zealand; Chili, Java, Straits Settlements, and the United
States leading elsewhere. According to a local report
prospects for the coming year are bright. There is not now
so much fear of the Panama Canal interfering adversely
with the coal trade, but a little anxiety exists over the
increasing demand for oil as a fuel. However, the fact that
the Newcastle coal is of a high quality goes a long way in
preserving the keen demand made for it from all sources.

Canada.

Our Toronto correspondent says:—An important dis-
covery of coal has been made in the Peace River district in
•' North-Western Alberta, where there has been a great influx
•of settlers. An experienced prospector named Edwards,
from Colorado, has located a seam of coal seven miles from
the Peace River Crossing, which it is anticipated will be of
much advantage to the settlers.

The coal mines tributary to the Alberta Coal Branch of
the Grand Trunk Pacific Railway are preparing for a heavy
output during the coming season. The Pacific Pass
Collieries have on the ground new machinery to the value
of about 175,000 dols. for installation in the power-house
and the mines, including all the latest devices. Another
mine is being opened on the north slope, where a fine
quality of bituminous coal occurs. The Mountain Park
mines have been equipped with an electric lighting system,
and are steadily increasing their output. The railway will
be extended 35 miles further to the British collieries.

W. E. Burns, a commissioner appointed by the British
■Columbia Government to investigate the coal industry, has
reported that abuses would be remedied by having deliveries
made to buyers in bulk and not in sacks, and recommends
Government inspection of weighing coal not only at the
pithead, but also on delivery to customers. Though the
cost of actual mining is under 3 50 dols. per ton, the com-
missioner considers the price of 7 dols. to 8 dols. per ton,
delivered in Vancouver, is not excessive, as the various
people handling it do not make an unreasonable profit.

LAW SITELLmfflOE.

HOUSE OF LORDS.—February 27.

Before the Lord Chancellor, Lords Dunedin, Atkinson,
Moulton, and Parker of Waddington.

A Breach of Contract.

Williams Brothers v. Ed. T. Agius Limited.—Judgment
was delivered in this appeal from an order of the Court of
Appeal (Lord Justice Vaughan Williams and Mr. Justice
Bray, Lord Justice Hamilton dissenting), reversing a
judgment of Mr. Justice Bailhache upon an award stated
by the umpire in the form of a special case. The question
raised by the appeal was as to the measure of damages
payable by the respondents for non-delivery of a cargo of
coal in pursuance of a contract dated June 25, 1910. The
appeal was argued on February 16, and reported in the
Colliery Guardian of February 20.

The Lord Chancellor said that he had arrived at the
conclusion that the view taken by Lord Justice Hamilton
was the true one. What really appeared was that there were
two separate contracts, on one of which the appellants were
entitled to sue the respondents, and on the other of which
the respondents could claim against the appellants. But
the difference was that while as regards the first contract
■the respondents, who had been found to be in breach, had

no answer, on the second there might or might not be a
defence on the ground that this contract was to be satisfied
out of the coal which the respondents failed to deliver. On
that point he expressed no opinion. But a wholly distinct
point was taken. It was argued for the respondents that,
even assuming the appellants to be entitled to claim full
damages from the respondents without deduction, the
principle laid down by the Court of Appeal in Rodocanachi
v. Milburn, which was accepted by the Courts below
as binding them, was wrong. After referring to
the law laid down by Lord Esher in that case, and to British
Westinghouse Company v. United Electric Railways Com-
pany (1912, A.C., 673), he expressed his agreement with the
statement of the law in Rodocanachi v. Milburn, and with
the view of this part of the present case taken by all the
learned judges in the courts below. He would only add
on this point that he did not think that the law so laid
down had been affected by section 51 of the Sale of Goods
Act, 1893. By subsection 3 of the section the general
principle was recognised as the rule which obtained prima
facie, and he did not find in subsection 2 anything incon-
sistent with this recognition. For these reasons he moved
that the judgment of the Court of Appeal be reversed and
that of Mr. Justice Bailhache restored. The respondents
must pay the costs in this House and in the courts below.

The other noble and learned lords gave judgment to the
same effect.

HIGH COURT OF JUSTICE.

CHANCERY DIVISION.—February 26.
Before Mr. Justice Warrington.

An Enclosure Act.

Smith v. Medhurst and Others.—This was a special case
submitted by consent for the determination of the question
whether, on the true construction of an Enclosure Act, and
an award made under it, the mines and minerals under the
lands which were allotted to the Vicar of Kippax were
reserved to the lord of the manor of Kippax or passed to
the vicar. For the plaintiffs it was submitted that the
Enclosure Act of 1791, which dealt with the matter, was
evidently not only an Enclosure Act, but was an Act to get rid
of tithes in the whole of the township, and to give the vicar
certain lands in lieu of those tithes. As to the mines and
minerals, it was provided that the lord of the manor
should retain whatever rights he had to the minerals,
while the vicar had the glebe and the mines and
minerals so far as, under the glebe, they were admittedly
the vicar’s. Counsel therefore contended that the
mines and minerals under the vicar’s allotments became
vested in one Mines Atkinson and his successors, vicars of
the parish of Kippax. For the defence it was submitted
that it was a sound principle of construction that the Court
would not construe an Act of Parliament confiscating
property without compensation unless such construction
was absolutely necessary. It was admitted on the special
case that the whole of the minerals underneath the land
enclosed by the Act, including the vicar’s allotment,
belonged before the date of the award to the lord of the
manor. If the effect of the statute was, as contended, to
transfer the minerals under the land allotted to the glebe
from the lord of the manor to the vicar, the lord of the
manor had not received a halfpenny.

His lordship said the whole question turned upon the
construction of the proviso as to the minerals within the
glebe lands “ now belonging or to be allotted ” to the vicar,
and on the whole he (his lordship) must hold that the
minerals under the lands allotted to the vicar which were
now glebe passed to, and were the property of, the vicar for
the time being. He made a declaration accordingly, and
ordered the defendants to pay the costs.

SCOTTISH COURT OF SESSION.
OUTER HOUSE.—February 26.
Before Lord Hunter.

Royalties on Washed Coal.

Campbell v. Robert Addie and Sons.—This was an
action by Major-General Douglas Campbell Douglas, C.B.,
of Douglas Support, Lanarkshire, against Robert Addie and
Sons Collieries Limited, 127, St. Vincent-street, Glasgow.
The pursuer is heir of entail in possession of the estate of
Douglas Support, and the defenders work the coal under
that estate. The action concluded for a declarator that
the pursuer was entitled to demand and receive from the
defenders lordship or royalty on the gross weight of coal,
shale and fireclay wrought and raised out of the lands
under the lease and minute of agreement as said coal, shale
and fireclay arrived in hutches at the pithead; and (2) that
the defenders were bound in terms of the lease and minute
of agreement to pay to the pursuer lordships upon the
total weight of coal, shale and fireclay before they had been
subjected by the defenders to washing, screening, picking
or separating. There was also a conclusion for payment by
the defenders to the pursuer of £5,000 for lordships or
royalties outstanding as and from July 8, 1908—the date
when Lord Blythswood succeeded to the Bly ths wood estate
and peerage and devolved the estate of Douglas Support
upon the pursuer. In terms of the lease referred to
the mineral tenants were to pay £1,500 of fixed yearly
rent for the minerals let or, in the option of the landlord
and in lieu of the fixed rent, certain royalties upon all

coal, shale and fireclay which should be wrought and raised
out of the lands under the lease, free of all cost, expense
and deduction. The amount of the royalties varied in the
case of the different seams of coal worked under the lease
Under the later agreement the lordship was fixed at64-10d.
for every ton (weighing 20 cwt.) of coal and dross of the
various seams, subject to certain varying deductions on
each £1,000 of lordship payable. The lease contained, inter
alia, that the weights, according to which the lordships
were to be charged, should be ascertained by the minerals
being loaded in trucks before they were removed from the
lands. In working the coal at Douglas Support the
defenders had washed, screened, picked, or separated the
coal which was raised in order to make it marketable. The
coal, after undergoing one or more or all of these processes,
was put into trucks, and lordship was only paid on the
weight of this coal. The pursuer’s predecessor was content
to accept from the defenders, lordship on the weight of the
coal after it had undergone the process of improvement
referred to. The pursuer, however, immediately on his
succession to the estate in 1908, took objection to this
method, and insisted on his right to be paid lordship on the
coal, and also on the other minerals, in the lands as they
came up from the pits in hutches.

In the course of his opinion, his lordship said the word
ec coal ” might be used in the mineralogical or scientific sense
and in the commercial sense. Pieces of what was scien-
tifically coal might be so associated with dirt or foreign
material that the word “ coal ” would not be applied com-
mercially to the mass or to any portion of it. Of the
custom alleged by the pursuer of fixing the landlord’s royalty
by making an allowance of 5 per cent, on the gross weight
there was absolutely no proof. In fact, no single instance of
such a practice was proved. There was, however, evidence
that miners were frequently paid on gross output less an
allowance of 5 per cent., and it must have been in consequence
of this circumstance that the elaborate averments of the
pursuer were made. The skilled witnesses on both sides
were practically agreed that the usual method Of paying
royalties was on the truck weight or after the coal was
screened and picked. It was proved that Lord Blythswood
always accepted lordship on the weight of coal in the
trucks after the dirt had been removed by picking and
washing. In the contract itself there was nothing incon-
sistent with holding that the practice of parties afforded
a correct measure of their rights under it. His lord-
ship could not read the contract in the narrow sense
contended for by the pursuer that it was a sale of
the coal actually raised so as to give him a claim for
lordship on material that was properly sent to waste in
the process of making the mineral marketable. Such a
construction, though it might entitle him to the declaratory
conclusion he asked, would not in the long run benefit him,
as he would be logically bound to allow a rebate in so far
as he was paid lordship on foreign material inevitably
associated with the coal. In his lordship’s opinion the
contention of the defenders was well founded, and they
ought to be assoilzied from the conclusions of the action.

TIE MIL TMDE

Thursday, March 5.

Duhlte,

The inclemency of the weather since the month opened is
stimulating the demand for house coal, and there is a con-
tinued good enquiry in other branches of the trade, except
that longer days are reducing consumption of gas coal. All
qualities remain unchanged up to the present, but it is
generally anticipated that reductions will shortly be
effected. The cross-Channel trade maintains its activity,
but notwithstanding the large amount of tonnage arriving
daily in the port, stocks do not accumulate to any
appreciable extent, although there is no scarcity. Quota-
tions in the city are :—Best Orrell, 28s. per ton ; Abram, 27s. ;
best Wigan, 26s.; Whitehaven, 26s.; best kitchen, 24s.;
steam coals from about 22s. per ton; best coke, 23s. per
ton delivered—all less Is. per ton discount for cash ; house
coal, retail, Is. 9d. per sack. The patent fuel factors have
reduced their prices to one-half of those which were
obtained during the recent strikes. The collier vessels
arriving during the past week amounted to 77, as compared
with 67 the week previously, chiefly from Garston, Ayr,
Liverpool, Partington, Troon, Newport, Newcastle, Man-
chester, Preston, Whitehaven, Glasgow, Maryport, Point of
Aire, Swansea, Campbeltown, Saundersfoot, Widnes and
Birkenhead. The total quantity of coal discharged upon
the quays was 25,244 tons.

Belfast

Supplies are about equal to requirements, merchants’
stocks being fairly good, and business steady in nearly all
qualities. Prices remain unchanged, as follow:—Best
Arley house coal, 27s. 6d. per ton; Hartley, 26s. 6d.; Wigan,
25s. 6d.; Orrell nuts, 26s. 6d.; Scotch house, 23s. 6d.; Orrell
slack, 23s. 6d.; Scotch steam coal, 16s. 6d. to 17s. 6d. per
ton; Navigation steam, 17s. to 18s. per ton; Welsh steam
coal, 18s. 6d. to 20s. per ton delivered. At the recent
annual meeting of the Harbour Commissioners, it was
decided to provide other and more extensive accommodation
for the carrying on of the coal trade at the quays, and the
insufficient supply of railway wagons was also discussed
with a view to calling the attention of the railway directors
to the want of facilities for supplying the inland trade.
There has been a good import trade during the past week,
cargoes arriving being chiefly from Ayr, Preston, Swansea,
Irvine, Maryport, Garston, Girvan, Workington, Ardrossan,
Lydney, Troon, Glasgow, Point of Aire, Widnes, Ellesmere
Port, and Partington.