326

THE COLLIERY GUARDIAN

August 7, 1914

society’s holdings in railway and corporation stocks, the
bankers recommended the purchase of stock issued by the
various colonies and dependencies, whe^e a yield of about
4 per cent, could be obtained, the stock being redeemable
at a not far distant date. It was accordingly decided to
invest a surplus of £3,000, which will be available at the
end of August in Dominion of Canada and South Australian
4 per cent, stock. Commenting upon a report of the annual
conference of the Central Association of Miners’ Permanent
Relief Societies, the chairman said he had no idea that
the proportion of men belonging to such societies was so
deplorably small, as only a third of the people employed in
and about the mines. The fact lent force to the appeal
to other parts of the country to follow the example of the
Midland district.

At Clay Cross recently, Mr. E. A. Hailwood, managing
director of Messrs. Ackroyd and Best, delivered a lecture
in which he severely criticised the electric safety lamp from
the various standpoints of illumination, maintenance and
safety, and illustrated at the same time the advantages of
the oil combustion lamp. The lecture was followed by a
series of interesting experiments.

The Midlands.

Harecastle Tunnel—Mines Drainage in South Staffs—The
New Brindley Heath Pit.

The mining scholarship of the Stoke-on-Trent Education
Committee has been won by Mr. Reginald Bough, of
Longton.

At the monthly meeting of the Kidsgrove Urban District
Council last week, the Higher Education Committee recom-
mended the holding of evening mining classes at Kidsgrove
and Harriseahead, and that application be made to the
county council for a course of mining lectures. The clerk
said he had heard from Mr. Stobbs, mining lecturer at the
Pottery and Mining School, that it would be impossible
to hold such classes at Kidsgrove owing to the great demand
from all over the district for them. A class was held last
year, and this season it was proposed to hold them at
Butt Lane, Packmore and Goldenhill. The clerk said they
could hold mining classes in connection with the Higher
Education Committee if they liked.

South Derbyshire and Leicestershire coal owners have
decided to dispense with voluntary effort in conducting a
mines rescue brigade as heretofore. A permanent brigade
of paid men will take its place, applications being invited
from miners in the various districts. The brigade head-
quarters is at Ashby-de-la-Zouch.

Mr. Gordon Gregory, formerly surveyor at the Wingfield
Manor Colliery, and now manager of the West Hallam
Colliery, was married last week to Miss V. A. Williamson,
daughter of Mr. Thos. Williamson, managing director of
the Wingfield Manor and West Hallam Collieries. Presents
were received from the colliery employees and officials, the
Mayor and Mayoress of Nottingham, and the Mayor and
Mayoress of Ilkeston.

The question of haulage through the Harecastle Canal
tunnels, a problem which has for many years perplexed
the North Staffordshire Railway Company, the owners of
the canal, has been satisfactorily settled by the abolition of
the methods of “ legging ” and horse haulage, and the
installation of an electric system. The old tunnel was con-
structed by Brindley in 1777, and was re-constructed by
Telford in 1827. Owing to mining subsidences, however,
the negotiation of the tunnel by horse haulage has in recent
years become increasingly difficult, the towing path in some'
parts being under water. A cable of four steel ropes has
been laid through the tunnel with an anchorage at each
end, and the haulage boat is attached to this cable. The
current cannot be conveyed direct from the generating
station to the haulage boat, and the necessary supply of
electricity is derived from accumulations carried in a special
barge linked up with the hauling boat. The power is
generated at a special station which has been erected at the
Chatterley end of the tunnel. Each accumulator barge
carries sufficient power for several journeys, and whilst one
is in active service the accumulators of the other are filled
at the generating station. The haulage barge is capable
of pulling along 17 loaded barges each carrying 20 tons,
and of accomplishing the journey through the tunnel in
40 minutes. As it takes a horse about an hour and a half
to haul through a single barge, and between three and four
hours for the operation of “ legging,” the saving in time
and labour under the new system are considerable. It is
probable that the “ legging ” work through the old tunnel
will be abolished entirely, and all traffic taken through the
new tunnel.

Reporting to the South Staffordshire Mines Drainage Com-
missioners in regard to the Tipton district, Mr. E. Howl
states that the pumping had been 9,508,300 gals, per
24 hours, compared with 9,744,600 the previous month and
13,303,700 in the corresponding period last year. Reporting
on the Old Hill district, Mr. W. B. Collis states that the
water in the northern portion continued very moderate in
quantity, and was dealt with easily.

The important developments in connection with the
operations of the West Cannock Colliery Company, at
Hednesford, were set on foot last week, when Mr. S. C.
Wardell, of Alfreton, Derbyshire (the chairman of the
company), and Mr. L. T. Topham (high sheriff of Leicester-
shire), visited Brindley Heath, and cut the first sods of
the downcast and upcast shafts respectively, which are to
be sunk there. Among those present were :—Aid. Haynes
and Mr. Herbert Russell (Lichfield), Mr. W. Boycott
(Hereford), Mr. W. H. Bowater (Birmingham), directors
of the company, together with Messrs. J. Smithurst (general
manager), who is personally supervising the new sinkings,
L. Smithurst (surveyor), J. H. Pritchard (sales manager),
G. Greensill (secretary), and T. Arnott and W. Grenhow
(mechanical engineers). The new sinkings have been
rendered necessary by the increased demand for the
company’s coal, and because of recent legislation, which
makes it very difficult to work mines to the best advantage
when the working places are a long distance from the pit
shaft. The new sinkings will be known as No. 5 colliery,
and will, when developed, give employment to 1,000 more
men. The West Cannock Colliery is the oldest on Cannock
Chase, having been started 45 years ago, and as evidence
of the confidence which prevails for the future, it is only
necessary to state that the company have extended their
lease for a further 60 years. The new sinkings are being
developed under the personal supervision of Mr. J.
Smithurst, and the contract for the sinking of the shaft
has been placed with Mr. Frederick Piggott, of The
Beeches, Caerphilly. The shafts will be approximately

300 yds. deep, and 15J ft. in diameter within the brickwork.
Sinking operations will be carried out at the rate of 10 yds.
a week, and it is estimated that coal will be reached in
nine months. New winding engines will be supplied by
Messrs. Bradley and Craven for the downcast shaft, and
by Messrs. Grant and Ritchie, of Scotland, for the upcast
shaft. The iron headgear is being erected by the well
known firm of Turner, of Langley Mill. Great progress has
also been made with the laying of sidings, which are now
practically completed from the London and North-Western
Railway line to the site of the pit and screens. In the past
five years the company’s operations have been attended with
remarkable success, the output having nearly doubled in
that period, until last year it reached nearly half a million
tons.

The Mining Sub-Committee of the Education Committee
of the Leicestershire County Council have appointed Mr.
Thomas Brown, B.Sc., M.Sc., A.M.I.C.E., of Rawmarsh,
Sheffield, as the county instructor of mining. The new
instructor will enter on his duties in a week or two. He
succeeds Mr. T. L. McBride, who resigned his recent
appointment as a Government Inspector of Mines in South
Wales.

Kant.

Harmansole Boring Discontinued—Light Railway Order
Granted.

The Whitstable and Canterbury Coalfield Limited have
discontinued their boring at Harmansole, Lower Hardres,
near Canterbury, as, it is stated, they have not proved coal
there. The results obtained down to a certain point were
decidedly favourable, and when the coal measures were
reached hopes were entertained that success was assured.
It will remain for the directors to decide on what other part
of the company’s area the next boring is to be put down.
The negative result of Harmansole would appear to support
the view taken by some geological experts that the continua-
tion of the Bishopsbourne seams is in a direction much
nearer Canterbury, probably right up through the city over
to St. Stephens and Blean. Up to the present the boreholes
that have been put down from time to time to the south-west
of Canterbury have not given very encouraging results. It
is stated that the next boring in connection with this com-
pany will be at Tyler’s Hill, to the north of Canterbury,
on the joint area of the Anglo-Westphalian Company, the
Whitstable and Canterbury Coalfields Limited, and a private
owner.

A communication has been received from the Light Rail-
way Commissioners—who a short time ago at Upper Deal
enquired (inter alia) into an application by the East Kent
Light Railways Company for a substitute line of route to
connect their proposed undertaking at Little Mongeham with
the South-Eastern and Chatham Railway and the remainder
of the coalfield—granting the order with respect to the line
referred to. The Commissioners intimated that they con-
sidered the proposed line of deviation more suitable than the
route originally suggested, as it was more direct. They
regretted the interference with the property of Mr. Edgar
at Shoulden Lodge, but expressed the hope that in the result
his property would not be so seriously affected as he antici-
pated.

Scotland.

Disused Brewery as Rescue Station.

A meeting of Edinburgh Dean of Guild Court was held
last week, when an application was considered for the
conversion of part of the old Castle Brewery, Grassmarket,
into a mining rescue station in connection with the School
of Mining in contemplation by the Heriot Trust, for which
the Castle Brewery has been acquired. The rescue station
will consist of a longitudinal and winding smoke gallery.

LAW INTELLIGENCE.

SUPREME COURT OF JUDICATURE.

COURT OF APPEAL.—July 21.

Before Lord Justice Buckley, Lord Justice Kennedy, and
Lord Justice Phillimore.

Workmen’s Compensation Act: Claims Made Independently.

Codling v. John Mowlem and Company Limited.—The
plaintiff in this case appealed from a judgment of Mr.
Justice Atkin on a case set down for argument on a
question of law raised on the pleadings, reported 29 The
Times Law Reports, 619. The action was commenced by
writ issued March 8, 1912, in which Ellen Codling, widow,
was the plaintiff and John Mowlem and Company (Limited)
were the defendants. The plaintiff by her statement of
claim delivered as amended on June 21, 1912, claimed
damages against the defendants under Lord Campbell’s
Act, alleging that in consequence of the defendants’ negli-
gence the plaintiff’s husband, William Codling, was killed
on December 21, 1911. The defendants after traversing
the plaintiff’s allegations as to negligence and setting up
a defence based on the doctrine of common employment,
argued that they had, as the result of an application on
behalf of the children, and admitted liability under the
Workmen’s Compensation Act, 1906, paid into the City
of London Court the sum of £300, the maximum amount
payable under the Act. This money was applied to the
benefit of plaintiff and children. She afterwards renounced
her rights and interest in the said sum of £300 in favour
of her children. Mr. Justice Atkin held that such action
was not maintainable by reason of the provisions of
section 1, sub-section 2 (5), of the Workmen’s Compen-
sation Act, 1906, by which it was enacted that an employer
was not to be liable to pay compensation for injury to a
workman by accident arising out of and in the course of
his employment, both independently of and also under the
Act. The plaintiff appealed.

The court dismissed the appeal, without calling upon
counsel for the defendants.

Lord Justice Buckley said he quite recognised that many
very difficult questions might arise, as, for instance, what
was meant by the words “ at their option.” Was it
intended that all the dependants should be unanimous in
their decision or that a majority should determine, or was
each of them to have an option? No such difficulties, how-
ever, arose in this case. There had, in his opinion, been a
complete adjudication in favour of the six children in the
presence of the widow. The appeal failed and must be
dismissed.

Lord Justice Kennedy and Lord Justice Phillimore
delivered judgments to the same effect.

HIGH COURT OF JUSTICE.

CHANCERY DIVISION.—July 28.

Before Mr. Justice Joyce.

Workmen’s Compensation : A Preferential Creditor.

Collier v. Thames Ironworks Shipbuilding and Engineer-
ing Company Limited.—In this case a summons had been
taken out by James Collier, a lighterman, who was per-
manently disabled while in the employ of the Thames Iron-
works, Shipbuilding and Engineering Company, to have it
decided whether he was entitled to preferential payments
out of the assets, subject to the debenture-holders’ charge, in
respect of his claim for compensation.

His lordship, in his judgment, said that Collier was
disabled in 1911, and the company forthwith paid him £1 a
week compensation. In November of the same year a
receiver was appointed in a debenture-holders’ action. He
continued the payments, and, altogether, about £105 had
been received by the workman in weekly payments. In
, September 1913 the County Court judge found that the pay-
ments to Collier might have been redeemed by the payment
of £654 at the date of the appointment of a receiver. Sub-
section 3 of section 5 of the Workmen’s Compensation .Act
of 1906 provided that where the compensation to a workman
was a weekly payment, the amount due to the workman
was to be deemed to be the lump sum for which that was
redeemable. And section 107 of the Companies Act of 1908
provided for the payment, among other things, of amounts
due in respect of workmen’s compensation out of assets,
subject to a floating charge in preference to the claim under
the charge, but such preference in any individual case was
not to exceed £100. What the receiver had paid by instal-
ments of £1 a week was at least up to £100, and his lord-
ship said he regretted he could not hold that the receiver
was under any obligation to make any further payment to
the workman.

His lordship gave both parties their costs as between
solicitor and client out of the assets.

July 30.

Before Mr. Justice Warrington.

Increment Value Duty—Minerals.

Foran v. Attorney-General.—In this case the plaintiffs,
Canon William Francis Foran and Hubert Scott Cartwright,
who were the trustees of the marriage settlement of Wilfrid
Brougham and Frances Isabella, his wife, dated June 3,
1863, claimed—(1) a declaration that Form I. and Form IV.
were respectively unauthorised and void; (2) a declaration
that they were not bound by the return made on Form IV.—
and/or (in the alternative) that they were not bound by
the return so far as it related to the minerals under the
land; (3) a declaration that they were at liberty to make a
return in respect of the property, both surface and minerals,
or (in the alternative) in respect of the minerals; (4) a
declaration that they were not bound by the provisional
valuation; and (5) a declaration that they were entitled
to make an application for a substituted site value in respect
of the minerals.

Mr. Justice Warrington, in his judgment, said the real
question was whether a return made by the predecessor in
title of the plaintiffs in reference to certain land was
“ his return ” for the purposes of section 23, subsection 2,
of the Finance (1909-10 Act, 1910. In that return the
persons making it, who were the proprietors of the land
and of the minerals, did not specify the nature of the
minerals or their estimate of their capital value. If the
return was the return referred to in the subsection, then
the minerals were to be treated as having no value as
minerals on April 30, 1909, with the result that, the
minerals on April 30, 1909, with the resut that, the minerals
having recently been sold, there was a considerable incre-
ment value on which increment duty was payable. The
Crown contended that the return in question was the return
contemplated by the section, and accordingly the capital
value of the minerals was finally settled at nil by the
operation of the section. The plaintiffs said that no return
such as was contemplated by the section had been made,
and that they were entitled to have the real value of the
minerals as on April 30, 1909, properly ascertained; and
they asserted that if this was done there would be little
or no increment value liable to duty.

His lordship, after reading the material sections of the
Finance (1909-10). Act, 1910, said : In 1910 Charles Archer
Cook and the plaintiff Canon Foran were, as trustees, the
owners of a farm called Appleton Farm, in Kent. The farm
was let on lease to one Prebble, the mineral being
reserved to the lessors. The minerals were not comprised
in any mining lease, nor were they being worked.
On September 12, 1910, the trustees’ solicitors received a
notice to make returns, dated September 10, accompanied
by certain instructions as to the mode of making the return,
and by the famous Form IV., on which the return was to
be made. They made the return on October 14, 1910.
The material point was that the land was stated to be
in the occupation of Prebble, who had no interest in the
minerals. The form contained certain questions and foot-
note relating thereto. The owners, in making their return,
answered the questions as follows :—In answer to (t.)—
namely, Does the person making the return own the
minerals? ‘‘It is believed so.” In answer to (ii.), that
is to say as to the working of the minerals, the answer
is in the negative; as to the name and address of the
proprietor, the answer is : “ The persons making the
return.” Under the head of “ Additional particulars which
may be given, if desired ” was (w), ‘‘Nature, and estimate of
the capital value of any minerals not comprised in a mining
lease and not being worked, which have a value as
minerals.” The owners, in making the return, left this
space blank. Therefore, if this was their return referred to
in section 23, subsection (2), they did not, in it, specify
the nature of the minerals or their estimate of their capital
value; and under the statute the minerals were to be treated
as having no value as minerals.

The plaintiffs contended that they were not bound by
the return, owing to legal defects in the notice and form.
In his lordship’s opinion this contention was not well
founded. The owners had given the information required
by the statute, and he could not see how the binding effect
of their statement could be affected by their being under
the impression—a false one as it turned out—that they
were not legally bound to make it. In his opinion, there-
fore, the validity or otherwise of the notice and of Form IV.
was immaterial to the question to be determined. The
plaintiffs contended that for the purposes of valuation the
minerals were a separate parcel of land, and had therefore
to be separately valued, that a separate return for the
purpose of such valuation should have been asked for, and
that such separate return, if any, and that only, was the