August 7, 1914.

THE COLLIERY GUARDIAN.

327

return mentioned in the section. In his lordship’s opinion
this was not the correct view. He agreed so far that the
return referred to was the return contemplated by section 26,
namely, a formal document furnished to the Commissioners
in compliance with a demand for information; but he failed
to see why it should follow from the fact that minerals were
to be treated as a separate parcel of land for the purposes
of valuation, that there must of necessity be a separate
return in order to bring section 23, subsection (2), into
operation. The separate occupation of the minerals—if, in
fact, there could be said to be any occupation of unworked
minerals, apart from that which was incident to ownership—
seemed to be immaterial, seeing that, whether separately
occupied or not, the minerals were to be treated as a
separate parcel of land for the purposes of valuation. The
answer to the plaintiffs’ case seemed to be that they had
been invited to make their return in reference to the land,
including the minerals comprised in it, and had made their
return, and that there was nothing in the Act to require
a separate return as to minerals where, as here, the owners
of the land were the proprietors of the minerals. It was
said that the proprietor could not make an estimate of the
capital value, as this depended on what deductions the
Commissioners might allow. But he saw no difficulty in
the proprietor’s ariving at the sum which he thought should
be allowed as deductions, and thus arriving at an estimate
of capital value. Moreover, if any difficulty was caused, it
was caused by the Act itself, and not by the notice or the
form. As to the suggested right to have a substituted
capital value fixed, analogous to the substituted site value,
his lordship failed to see how there could be any substituted
value affixed to that which was declared by the Act to be
of no value. There was no original capital value for which
the value or price referred to in section 2, subsection (3)
could be substituted. The plaintiffs’ action must be
dismissed.

KING’S BENCH DIVISION.—July 30.
Before Mr. Justice Lawrence.

Trebanog Colliery Company y. Taff Vale Railway Com-
pany.— In this action, the Trebanog Colliery Company,
Forth, Glamorgan, sued the Taff Vale Railway Company
for £25 15s., return of money said to have been overcharged
in respect of coal traffic from May 1, 1912, to January 31,
1914, and for a declaration that the defendants were not
entitled as a condition upon receiving at the sidings at
Forth the plaintiffs’ coal for conveyance to demand payment
for special services over and above the statutory charges
for conveyance and station terminal. The plaintiffs’ case,
as outlined by Mr. Vaughan Williams, was that they
loaded coal into their own wagons, and the defendants, in
addition to the ordinary mileage rates, charged them a
station terminal of 3d. per ton, such sum being the
maximum sum which the defendants were authorised to
demand for coal traffic under the schedule. In addition to
these charges the defendants charged them a further sum
of Is. per wagon in respect of all wagons loaded, and had
refused to receive their traffic without such payment. The
defendants rendered no special services in respect of the
traffic, and no accommodation was provided or services
rendered other than those for which payment was made in
the ordinary charges.

The defence was that the siding was not part of Forth
Goods Station, and was only allowed to be used by plaintiffs
for loading their coal traffic as a special concession at plain-
tiffs’ request and under the terms of a special agreement.
The charge of Is. per wagon was, they said, made for
transferring the plaintiffs’ full and empty wagons to and
from the siding and stage at which the plaintiffs had been
allowed to load trucks from and to Forth Station, and this
was a voluntary service for which they were entitled to
charge.

In giving judgment, his lordship said it might be a
hardship on the railway company to have stepped into the
position of making the siding a terminal station for certain
classes of goods, but Ke did not think that entitled them
to make a special charge, for they could only do that if
some service were rendered at the desire of a
trader in respect of which no provision was made
in the schedule. It was true the services which were
rendered were onerous and inconvenient for the railway
company, but they were not different from the ordinary
services rendered for the trader. There was no special
service. He thought the plaintiffs were entitled to some
declaration, but in the limited fashion that the defendants
were not entitled as a condition of receiving at their siding
at Forth to demand payment for special services over and
above the conveyance and station terminal. He found for
plaintiffs for the amount claimed, and gave judgment for
plaintiffs, with costs.

RAILWAY AND CANAL COMMISSION.—July 22.

Before Mr. Justice Bankes, Mr. A. E. Gathorne-Hardy,
and Sir James Woodhouse.

Railway Rates on Steel Strips.

W. T. Beesley and Company Limited v. Midland Railway
and Cheshire Lines Committee.—Applicants complained of
an increase of rates for certain manufactured articles known
as strips, all of which were made of Bessemer steel, though
they varied in quality and in size. The respondents, in
their answer, said that there had been no increase of rate
in fact, and that if there had been an increase it was
reasonable in the circumstances.

Mr. Justice Bankes, in his judgment, said' the onus of
proving the increase was on the applicants and that of
showing that it was reasonable was on the respondents.
There was only one question of fact which was really in
dispute—how far the respondents were aware of the nature
of the goods. According to the evidence strips had been
consigned for conveyance for the past 30 years, sometimes
packed and sometimes unpacked. When they were
unpacked their nature was obvious; and from the evidence
he was satisfied that the responsible officials of the railway
knew quite well that the goods which were being sent
packed were the same as those which were being sent
unpacked. Even if there had been no evidence on the
point, the great quantity of the traffic passing would have
justified an inference to that effect. His lordship then
dealt with the history of the rates charged since 1891, and
pointed out that in a typical instance now complained of
an increased charge of 18s. 4d. instead of 13s. 4d. had been
made since 1912. If the respondents had proved that the
lower rate had been charged because the consignors had
wilfully misdescribed the goods, or that it had been charged
through inadvertence, the case would have been different;
but nothing of the kind had been made out, and in the
result it was clear that an increase of rate had been made,

and it was on the respondents to justify it. The respon-
dents said that they were obliged to raise the charge to the
applicants in order to remove an injustice to other traders,
but they had failed to establish this to his satisfaction,
and the applicants succeeded on both points. Judgment
would therefore be in favour of the applicants; but no
evidence had been given as to what would, in fact, be a
reasonable rate for this particular kind of traffic, and the
judgment would not affect any classification to be made
hereafter. The other members of the court concurred.

PARLIAMENTARY INTELLIGENCE.

HOUSE OF COMMONS.—July 31.
Unemployment Insurance.

On consideration of the National Insurance Act, 1911
[Fart II.] (Amendment) Bill, as amended in the Standing
Committee,

On the motion of the Farliamentary Secretary of the
Board of Trade (Mr. J. M. Robertson), a new clause was
added, amending section 95 of the principal Act, providing
that for every complete year a workman attained after 55
there should be a reduction of 50 from the 500 contributions
required to qualify him for a refund. A clause amending
section 104 was also added.

Mr. Robertson also moved a new clause in explanation of
section 103 of the principal Act. It provided that the
expression “ workmen in any trade other than an insured
trade ” should include, and should be deemed always to have
included, any workmen employed otherwise than in an
insured trade, and the expression “ trade mentioned in the
Order ” should be construed accordingly. Mr. Robertson
said the object of this clause was to enable a section of a
trade, and not the whole trade to come under the Act. This
clause guarded against any further possible misinterpreta-
tion of the Act in respect of any Order of the Board seeking
to extend. The clause was added to the Bill.

Mr. H. Craig moved a new clause providing that when a
workman lost employment in consequence of a stoppage of
work due to a trade dispute, but did not belong to the class
of workmen responsible for the dispute, the disqualification
for unemployment benefit might be waived. The clause,
however, was defeated on a division.

Clause 3 provides that where any question arises under
Part II. of the principal Act whether a person is a workman
within the meaning of that part, the question shall be
decided in the like manner as a question whether a workman
is a workman in respect of whom contributions are payable
under that part, or whether a trade in which a workman is
employed is an insured trade, and the provisions of Fart II.
of the principal Act relating to the determination of such
questions and the consequences of decisions thereon, and
requiring any such questions to be referred to the umpire,
shall apply accordingly. Mr. Robertson proposed, at the
end of the clause, to insert a provision that where an
umpire revised a decision, contributions should be payable
only from the date when the decision was revised.

The motion was agreed to.

Certain other amendments were made, and the Bill was
read a third time.

THE FREIGHT MARKET.

Substantially speaking, there has been no outward freight
market since last Friday, and there is little prospect of any
considerable amount of chartering — excepting of collier
steamers for Admiralty purposes, at rates and for destina-
tions which, naturally, are not divulged—for some time to
come. The rates which follow, therefore, have only an
interest from the standpoint of the record of events, and are
not to be taken as typical of figures which would now be
quoted. Homeward business, also, has shrunk to the
smallest dimensions, war risks being too great to be lightly
undertaken. As long as the war lasts Europe will be a
sealed continent so far as British trade is concerned.

Tyne to Aberdeen, 800, 2s., f.d. ; Aarhuus, 1,800, 4s. 9d.;
Cronstadt, 3,300, 4s. 6d.; Havre, 1,350, 4s. l£d.; London,
2,500, 3s.; St. Petersburg, 3,300, 4s. 9d.

Cardiff to Buenos Ayres, 5,500, 14s. 10Jd.; Brest, 500,
4s. 9d.; 600, 4s. 6d.; Corunna, 3,100, 6s. 3d.; Cromarty,
2,400, 4s. 3d., Admiralty; Cronstadt, 2,000, 5s. 7|d.; Devon-
port, 3,400, 2s. 9d., Admiralty, usual options; Dieppe, 1,300,
4s.; Genoa, 4,500, 7s.; Granville, 650, 4s. 6d.; Huelva,
2,600, 6s. 6d., 300; Lisbon, 2,500, 6s. 6d., 350; 4,300, 6s.,
500; 3,300, 5s. 9d.; Maranhamn, 2,600, 16s. 6d., early
August; Marseilles, 5,600, 8f fr.; 5,500, 8£fr.; Monte
Video, 12s. 3d., August-September; 6,000, 14s.; Oporto, 7s.,
September 15-30; Pernambuco, 4,000, 13s. 6d., August 10;
5,000, 13s. 6d.; River Plate, 3,400, 15s.; 14s. 10|d., August
10-20; about 3,000, 15s.; Santos and Rio Grande, 15s. 6d.,
August; St. Nazaire, 2,200, 6’37J fr.; Wilhelmshavn, 1,400,
5s. 3d.

Swansea to St. Malo, 750, coal 4s., fuel 4s. 6d.; St.
Nazaire, 1,900, 6f fr.; Calais, 1,250, 4s. 3d. ; Palma, 1,300,
10s. 3d.; Bordeaux, 2,000, 7£ fr.

Newport to Santos and Rio Grande, 15s. 6d., August;
Sables, 6| fr.

Hull to Alexandria, 4,500, 7s. 3d., 500; Danish Port,
2,200, 5s., 350, August; Cronstadt, 4s. 10|d., August;
Rokkola, 1,550, 5s. 9d.; Port Said, 7s. 3d.; Nakskov, 1,100,
5s.; Nykjobing, 2,150, 5s.

Wear to Genoa, 3,900, 7s. 6d.; Sulina, 4,000, 10s.; Patras,
4,000, 12s.

Llanelly to Dieppe, 850, 4s. l|d.; Rouen, 700, 5s.

Bly th to Stavanger, 600, 5s. 9d.; Boulogne, 1,350, 4s.

Wales to Brazils, 15s. 6d.; Monte Video, sail, 12s. 3d.;
Iquique, 15s., fuel, September 1.

Antwerp to Wallaroo, 13s. ; Valparaiso, 18s., coke, Aug.

Glasgow to Bordeaux, 2,000, 6| fr.

Goole to Nordenhamn, 1,700, 3s. 9d.

Grangemouth to Cronstadt, 2,200, 5s.; Horsens, 800,
5s. l|d.; Honfleur, 1,000, 4s. 6d.

Fife Port to Genoa, 3,500, 7s. 74d.; Savona, 350, 7s. 7Jd.;
Leghorn, 350, 7s. 7|d.; Nice, 2,500, 8s.; Rouen, 2,100,
4s. 9d.

Forth to Pernau, 1,000, 5s. 3d.; Danish Port (14 ft.), 600,
5s. 3d., August; 700, 5s., August.

Rotterdam to St. Nazaire, 3,000, coal 5s. 3d.; fuel 6s.;
Boucan, 3,900, p.t.

Hamburg to Charleston and Savannah, 8s. 3d., early
September.

Methil to Genoa, 3.300, 7s. 9d.; Savona, 3,300, 7s. 9d.;
Leghorn, 3,300, 7s. 9d.

COAL, IRON AND ENGINEERING COMPANIES.
REPORTS AMD DIVIDENDS.

Birmingham Railway Carriage and Wagon Company
Limited.—The directors have declared an interim dividend
of 7 4 per cent, per annum on the ordinary capital for the
half-year ended June 30.

Briggs (Henry), Son and Company Limited.—The report
of the directors for the year ended June 30, 1914, states that
prices during the period under review have had a downward
tendency, particularly in the latter half of the financial
year, which, coupled with the strike in April last, has caused
a dislocation of trade not yet fully overcome. The directors
regret that, owing to ill-health, Mr. F. E. Shepherd has
been compelled to sever his official connection with,the com-
pany, and also to relinquish his seat on the board. The
balance standing to the credit of profit and loss account,
being the year’s profit of £90,385 12s. 3d., supplemented by
the balance brought from last year, £40,592 19s. 6d., less
£16,393 15s., being the interim dividend paid in February
last, is £114,584 16s. 9d., which the directors recommend be
appropriated as follows :—To payment of a dividend of
£2 5s. per share on the “A” shares, and £1 10s. per share
on the “ B ” shares (free of income-tax), making with the
interim dividend a return for the year of £3 per “A” share,
and £2 per “ B ” share—£49,181 5s. ; reserve fund,
£20,000; reduction of amount standing as value of leases,
£2,500; leaving a balance to carry forward of £42,903
Ils. 9d.

Cambrian Anthracite Limited.—In the Chancery Division
on the 30th ult., before Mr. justice Astbury, Mr. Ashton
Cross moved for judgment in default of defence in a deben-
ture holder’s action, Warrack v. Cambrian Anthracite
Limited. Counsel said the plaintiff held £1,000 out of
£2,000 of debentures. The company appeared by counsel
and consented. His lordship gave the usual judgment in a
debenture holder’s action, directing accounts and enquiries
as to the plaintiff’s charge.

Carnforth Haematite Iron Company Limited.—Final divi-
dend of 11 per cent., making 15 per cent, for the past year.

Gorton wood Collieries Company Limited.—The directors
have declared a further interim dividend of1 2| per cent.,
less income-tax.

East Pontop Coal Company Limited.—In the Chancery
Division on the 28th ult., before Mr. Justice Joyce, a petition
was made for confirmation of a reduction of capital in re
the East Pontop Coal Company Limited, of Durham.
Counsel explained that the application was one for a reduc-
tion of capital in which the creditors were affected. To take
first the scheme of reduction which was before his lordship,
the capital was originally £24,000, divided into 240 shares
of £100 each. In 1897 the capital was increased to £32,000,
in 320 shares of £100 each. This was a petition merely to
strike off liability. His lordship said the affidavit declaring
the creditors had been paid off, or were consenting, must be
produced to the Court.

Fife Coal Company Limited.—The directors have resolved
to declare interim dividends in respect of the half-year ending
June 30, 1914, at the rate of 5 per cent, per annum on the
preference shares, less tax, and at the rate of 10 per cent,
per annum on the ordinary shares, free of tax. At this
time last year 25 per cent, was paid on the ordinary shares.

Fox (Samuel) and Company Limited.—The directors report
a profit for the year of £45,151, from which interest upon
debenture stock is deducted, leaving £40,151 to which is
added £15,696 brought forward from last year, giving a
total of £55,847. Of this sum £10,000 has been transferred
to reserve, and a dividend is recommended of 10 per cent,
for the year, less tax, leaving £15,847 to be carried forward.

International Coal Company Limited.—The report of the
directors for the year ending June 30, states that the net
profits for the 12 months amounted to £8,112 Ils. 4d., to
which should be added the balance brought forward from
the preceding year, making a total of £12,058 9s. 8d. avail-
able for distribution. The directors recommend that a
dividend of 5s. per share, free of income-tax, be declared,
payable on the 12th prox., and that the sum of £5,000 be
placed to reserve, and the balance of £2,808 9s. 8d. be
carried forward to next account. The directors regret to
have to report that owing to serious difficulties experienced
in the development of the new seam, the quantity for the
past 12 months shows a reduction, but the output is now
steadily growing from the seam, and from winnings that
have recently been made on two other seams, and. it is
expected that the output for the current year will yield a
substantial increase. The directors have placed an order
for five new boilers of the most modern type. Negotiations
are in progress for the raising of the money required for the
purchase of new boiler plant, machinery, additional work-
men’s cottages, and other needed improvements. . With
much regret the directors report a change in the constitution
of the board, caused by the retirement of the Right Hon.
Lord Merthyr, but his lordship retains his financial interest
in the company, and had very readily promised to place at the
disposal of the directors any advice or assistance he mav be
able to render them. The directors have elected the Hon.
Trevor Lewis to fill the vacancy caused by Lord Merthyr’s
retirement.

Lofthouse Colliery Limited.—The directors announce an
interim dividend of 2s. 6d. per share, free of income-tax, for
the half-year.

Lowood (J. Grayson) and Company Limited.—The direc-
tors state that the year’s working, after writing off deprecia-
tion and a further part of the special outlay on the electric
power plant, has resulted in a profit of £6.203. to which
there is to be added £442 brought forward. It is proposed
to pay a dividend of 5 per cent., free of income-tax, write
off £1,500 for depreciation, and carry forward £497.

Marbella Iron Ore Company Limited. — The directors
announce an interim dividend at the rate of 3J per cent., less
income-tax.

Main Colliery Company Limited.—In their report for the
year ended June 30, the directors of the Main Colliery Com-
panv Limited state that the output of coal for the vear was
462,013 tons, as against 408,864 tons for the previous year.
After payment of all charges, the result of the year’s work-
ing, including the amount brought forward from the previous
year, leaves a net balance of £222.796 19s. 6d. The direc-
tors propose to place £7,500 to the dividend equalisation fund
(bringing that fund again up to £25,000). to recommend a
final dividend of 3 per cent, upon the preference and ordi-
narv shares, amounting to £6.900. making 6 per cent, for
the vear. and to carrv forward the balance of £1.496 19s. 6d.
to the credit of the next account. They regret that, in