May 2, 1913. THE COLLIERY GUARDIAN, 917 ___________________________________________________________________________________________________________________________________________________________________________________ such coal shipped by the defender at Fraserburgh between January 1, 1911, and August 30,1912. The defender denied that he was due anything, and claimed exemption for bunker coal as being included in “ship’s provisions necessary for the voyage.” Lord Cullen found that defender was bound, before shipping any coals for any purpose whatever on board any vessel lying within the limits of the harbour of Fraser- burgh, as defined by section 58 of the Fraserburgh Harbour Act, 1878, to give the collector of the rates for the. pursuers a true account, signed by him, of the quantities or weights of such coals, and that the pursuers were entitled to levy, demand, and take from the defender for all coals shipped or loaded by him into any vessel in any part of the harbour rates amounting to 8d., or such other sum as the pursuer^ might be authorised by the harbour statutes to levy, demand, and take for the time being for every ton of coals so shipped or loaded for bunker purposes or for any other purpose. His lordship said that under Schedule B of the Fraserburgh Harbour Order, 1891. there was a rate of 8d. per ton on “ coals ” without any qualification. At the end of Schedule B were to be found certain “ exemp- tions,” which included “ empty casks or other stores shipped for or on being returned from the seal and whale fishing, as also all ship’s provisions necessary for the voyage.” It did not seem to his lordship that the statutory provision in question drew the line there sp as to exclude the case of bunker coal. Further, if cargo proper were the sole subject of rating, the special exemption of certain kinds of stores and of ship’s provisions necessary for the voyage would be out of place. There was a large traffic done at the harbour in the shipping of bunker coal, and the same kind of use was thereby taken of the quays and harbour conveniences as in the case of shipping cargo. And as the rates were levied for the maintenance of the harbour there would seem to be no very clear reason for the view that the bunker shipments should escape rating. His _____________________________ lordship was of opinion that the pursuers were right in. their contention that bunker coal formed a subject of rating under their statutes. OBITUARY. LAW INTELLIGENCE. The death of Mr. Bickerton Pratt, J.P., commercial manager of the Powell Duffryn Colliery Company Limited, took place on the 25th ult. at his residence, Roughton, Caerleon. He had been in ill-health off and on for some time, and had not been actively engaged in business for about eight months. Deceased had altogether been in the service of the Powell Duffryn Company 47 years, and, apart from his position as commercial manager, he had also an interest in the firm. Mr. Pratt, who was a Staffordshire man, came to Cardiff as far back as 1866 as chief accountant of the company. In 1876 he was appointed as assistant manager to the late Mr. David Griffiths, and a year later became the commercial manager, the position which he held up to the time of his death. As the repre- sentative of the Powell Duffryn Company, he held for one term the office of chairman of the Cardiff Freighters’ Association. Major James Alexander Macfarlane, a director of the firm of Connal and Co., warrant storekeepers, died at his residence, “ Glenfruin,” Grove Hill, Middlesbrough, on Saturday night. Major Macfarlane, who was born at Glenfruin, Dumbartonshire, in 1852, joined the firm of Connal and Co. at their Glasgow office as a youth, and in 1887 was appointed the first manager of the Middlesbrough branch. When the business was converted into a limited liability company he became managing director. He was also a director of Messrs. Richard Hill and Co. Limited, of the Newport Wire Works, Middlesbrough. Mr. Macfarlane married a daughter of the late Mr. William Sokell, iron merchant, of Leeds, and his widow, son and daughter survive him. The death took place on the 29th ult. of Mr. James Kilburn, of Croft House, Meltham, near Huddersfield. Mr. Kilburn, who was in his eighty-sixth year, carried on the business of engineering and ironfounder at Meltham Foundry established by his grandfather. THE BY-PRODUCTS TRADE. Tar Products.—The market is very quiet, but prices generally are steady. Benzols are firm, and pitch holds well to recent values. Naphthas and creosote are steady, and without alteration as regard quotations. Carbolics easy. Nearest values are:— Benzols, 90’s ............................... Do. 50’s ................................ Do. 90’s North......................... Do. 50’s North............ ......................... Toluol........................................ Carbolic acid, crude (60 per cent.) .......... Do. crystals (40 per cent.)................. Solvent naphtha (as in quality and package) ... Crude ditto (in bulk) ....................... Creosote (for ordinary qualities) ............ Pitch (f.o.b. east coast) ..................... Do. (f.a.s. west coast) ..................... Do. (f.o.b. gas companies) ................. l/0| to 1/1 /10| % 1101 1/5 to 1/5-i /5| W /5£ /3| 47/6 to 48/ 47/ to 48/ 51/ [BensoZs, toluol, creosote, solvent naphtha, carbolic acids, usually casks included unless otherwise stated, free on rails at makers3 works or usual United Kingdom ports, net. Pitch f.o.b. net.] Sulphate of Ammonia—The market is dull, and prices certainly easier, but solely as quotations for prompt business. There is nothing doing in forward, and apparently if there were it would be at a substantial premium on current values. Closing prompt prices are:— London (ordinary makes)............ £12/18/9 .............. Beckton (March-April)................ — Liverpool.......................... £13/13/9 to £13/15 Hull .............................. £13/13/9 Middlesbrough .................... £13/12/6 Scotch ports........................ £13/16/3 to £14/ Nitrate of soda (ordinary) per cwt. ... 11/9 ^Sulphate of ammonia, f.o.b. in bags, less 2i per cent, dis- count ; 24 per cent, ammonia, good grey quality j allowance for refraction, nothing for excess.] _____________________________ The West Cumberland By-products Company have secured a site at Senhouse Dock, Mary port, for the erection of a benzol refinery. It is hoped locally that this will develop into an important industry, as there are seven collieries in Cumberland with by-product coke ovens pro- ducing crude benzol. British Electrical and Allied Manufacturers’ Associa’ tion.—The following firms have recently become members of the association:—Messrs. Alley and MacLellan Limited, Peter Brotherhood Limited, The Dowsing Radiant Heat Company Limited, The Electrical Apparatus Company Limited, George Ellison, J. H. Holmes and Co., Premier Accumulator Company Limited, Wandsworth Electrical Manufacturing Company Limited,-and Whipp and Bourne. The following firm has become an associate member. Jaeger Brothers. Manchester Geological and Mining Society.—A meeting of the members of the Manchester Geological and Mining Society will be held in the Geological Lecture Theatre, Beyer Building, at the Manchester University, on Tuesday, May 6, 1913, at 5.30 p.m. The following paper will be read :—“ Notes on the Geology of Shansi, and the Coal Industry of North China,” by Mr. Noah T. Williams, B.So. A council meeting will be held in the rooms of the society, 5, John Dalton-street, Manchester, on the same day at 3 p.m. HIGH COURT OF JUSTICE. CHANCERY DIVISION.—April 2. Before Mr. Justice Warrington. The Leasing of Unopened Mines. Harter v. Harter, Loftus and Arkwright.—A question was raised in this case relating to the estate of the late Mr. James Francis Hatfield Harter, who owned property in the vicinity of Wakefield, on a summons taken out by his widow, of Biddleston Park, Brackley. The respondents were Arthur Rede Harter, London, and St. John Dayton Loftus, of Branston, the trustees of the will of the deceased ; and Mrs. Audrey Violet Arkwright, a daughter of the testator. The question was whether the trustees, who had a general power of leasing, could grant a lease of unopened mines, or, alternatively, whether the applicant, who was the tenant for life, could be given leave to grant a lease under the powers of the Settled Land Acts. When the summons was issued the applicant was a widow, but she had since married again. She was still the tenant for life under her first husband’s will. The testator died on October 24, 1910, and Mrs. Arkwright was his only child. He was a very rich man, and possessed a great deal of mining property, including mines opened and unopened. He sold, in April 1898, the freehold of Newton Moor Farm, situated in the parish of Stanley - cum- Wrenthorpe, Wakefield. He specially reserved the mines and minerals under the surface. The farm contained about 63 acres. It was now proposed to lease the seam of Silkstone coal under the land to the Low Laithes Colliery Company Limited, of Wakefield. If the Court came to the conclusion that the trustees could not lease, and the plaintiff could, it would be necessary to decide whether the plaintiff was entitled to the whole of the rents and royalties, or whether some part should be treated as capital. His lordship held that he was bound by previous decisions that trustees had no power to lease unopened mines, and he therefore made a declaration that in the present case the trustees could not lease the coal under the Newton Moor Farm. With regard to the power of the tenant for life, his lordship declared that she was entitled to grant a lease of the coal in question according to the provisions of the Settled Land Acts. His lordship did not think it was necessary for him to approve the lease already entered into with the Low Laithes Colliery Company. ______ KING’S BENCH DIVISION.—April 18. Before Justices Ridley, Pickford and Avory. Canal Rating and Subsidence. Leeds and Liverpool Canal Company v. the Wigan Union.—This was an appeal by the Leeds and Liverpool Canal Company from a decision of Quarter Sessions under Barne’s Rating Act. It was stated that the company’s canal ran through 89 parishes, one of which was Ince, near Wigan In some parishes there were coalmines which were being worked, and this caused subsidences of the canal, necessi- tating heavy expenditure for repairs. The question was on what basis of calculation was that expenditure to be spread over the canal. If the expenses of the canal in each parish were set off against the rates charged in that parish, it had a great effect on the rateable value, and sometimes created a minus quantity, while if the cost was equally divided between all parishes many objected because, they said, they were not responsible for the damage done to the canal. This placed the company in an extraordinary difficulty, on which the Court was asked to give an opinion. The expenditure on the canal in Ince during the last five years was £2,471, while the rates chargeable to the company in that parish were only £460 a year. A number of cases were quoted in support of the contention that each parish should bear its own part of the expense incurred by the canal company for damage done in that parish. It was argued that the Court was bound to protect the company from double rating and from any chance of double rating arising. Also that the company were entitled to set off against their rates in the parish all the expenses to which they had to incur in that parish. The Court dismissed the appeal with costs, thus affirming the decision of Quarter Sessions and the rate made by the parish of Ince. Mr. Justice Ridley said there was no authority to support the principle contended for by the appellants, that the whole of the expenses of repairs, &c., to the canal in the parish of Ince should be borne by that parish. Leave to appeal was granted. ______ SCOTTISH COURT OF SESSION. OUTER HOUSE.—March 15. Before Lord Cullen. Harbour Dues on Bunker Coal. Fraserburgh Harbour Commissioners v. W. Will — Judgment was delivered in an action at the instance of the Fraserburgh Harbour Commissioners against William Will, coal merchant, Station-yard, Fraserburgh, for declarator that the pursuers are entitled to levy harbour rates on coal shipped at the harbour for bunker purposes. They also claimed payment of £200, being 8d. per ton on ___________________________________ CONTINENTAL HIRING NOTES. _________________________________________________________ Austria. Wholesale Coal Prices on the Vienna Exchange —Ostrau- Dombrau-Karwin coals : Large 28 10-29 10 kronen, cubes 27’60-28’60 kr., nuts 26 60-27 60 kr., small 23-23*20 kt., washed smithy coals 29-29 20 kr., coke 38-40 kr. per ton ' net cash, ex shutes Nordbahnhof. Rossitz-Zbescbau- Oslawan coals: Best washed smithy coals, large or small grain, 30-50-31-50 kr., coke 30-32 kr. per ton ex shutes Nordbahnhof or Staatsbahnhof. Upper Silesian coals: Best large 32’30-3310kr., best cubes 32’30-33 10 kr., medium large 31-50-3230kr., medium cubes 31‘50-32 30 kr., seconds large or cubes 26 70-27*80 kr., best nuts I. 32*70-33 50 kr., II. 29’60-30T0 kr., best small 23 50-24 kr., seconds 22 SO- 23 kr. per ton net cash ex shutes Nordbahnhof. In 10-ton loads: Best large or cubes 3O*7O-31’5O kr., nuts 31 10- 31’70 kr. per ton ex Nordbahnhof. Gas coke from the Vienna Gasworks 32’60-37’20 kr. per ton ex works. Lignite : Dux large 21-70-23-20 kr.,Briix or Dux cubes 21’70-23*20 kr., nuts 2120-22 70 kr., Mariaschein cubes 23’70-25 20 kr., nuts 23 20-24 70 kr. per ton ex Franz Josefs- or Nordwest- bahnhof. _____________________________ Belgium. A new company has been established at Brussels under the title of the Societe Generale de Fours a Coke Systeme, Lecocq, with a capital of a million francs. Now that the strike has concluded, it is possible to appraise its consequences rather more definitely. To so small an extent were the liberal stocks of fuel accumulated, before the stoppage, drawn upon that fears are entertained that a slump may follow. The general impression, however, is that the general activity prevailing in all branches of industry will prevent this happening. At the same time there appear to be some grounds for the anticipation that the demand has already passed its highest point. At the meeting of the Societe des Charbonnages de Helchteren and Z older, some interesting particulars were given as to the cost of sinking in the new Campine coalfield. The report stated that contracts for the sinking of twe shafts had been made with the Foraky Company, the contracts providing that the congelation process should be used down to a depth of 745 m. or 610 m. at the option of the colliery company, after the nature of the strata has been determined. The expense, in either case, of establishing tubbed shafts a depth of 790 m. is estimated at 10,000,000 and 13.000,000 francs respectively. As a result of the heavy expenditure, it has been decided to raise th* capital of the company to 25 million francs. ________________________ France. The Carvin Mines, which are already associated with a successful profit-sharing scheme, have just established an interesting pension scheme for their mining engineers. It provides that towards a premium of 10 per cent, on the- salary, the company will give two-thirds. Pensions will be paid at the age of 50 or 55 years, according to the formula