March 25, 1899.
THE ESTATES GAZETTE
480
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SUPREME COURT 01' JUDICATURE.
COURT OR APPEAL.
March 15.
(Before Lords Justices A. L. Smith, Collins, and Homer.)
IMPORTANT TO LANDOWNERS : PUBLIC HEALTH ACT, 1875: AWARD.
DAVIS V. WITNEY URBAN DISTRICT COUNCIL.
This was the plaintiff’s appeal from a judgment of the Divisional Court, consisting of Justices Ridley and Ohannell, and raised a question of very considerable general interest to landowners throughout the country. It was an action on an award, certain questions of the defence and reply in which had been set down for argument by an order of a master in chambers under Order XXV., r. 2. The facts were substantially these. The district council in April, 1897, gave the plaintiff notice that they proposed under powers given them by the Public Health Act, 1875, to make a new sewer, part of which would pass under some fields belonging to her. In September Mrs. Davis gave notice to the defendant council that she claimed £300 as compensation for injury and damage that would be suffered by her by reason of the intended construction and extension of the proposed sewer through her property, and that she required an arbitration. The lady also gave notice that she had appointed her arbitrator. The matter went to arbitration, but before the award was made the council abandoned the scheme, and gave notice to the plaintiff of their rescission. The arbitrators, however, made their award, and directed the defendant council to pay-the plaintiff £10 in discharge of all claims for damages or compensation, the costs of the arbitrators, and also to pay the costs of the plaintiff as between solicitor and client. The defendants alleged that the award was bad; for, while purporting to be an award under the Public Health Act, 1875, as to arbitration, it awarded the plaintiff compensation in respect of matters which were not the subject of compensation under the Act, namely, in respect of acts, matters, and things intended to be done, but never, in fact, done by the defendants. The submission to arbitration left for the decision of the arbitrators the question of “the amount of compensation due for the damage or injury the said E. Davis would sustain by ihe execution of certain works by the defendants.” But those works had never been executed, and the arbitrators had no jurisdiction to make an award at all. The plaintiff showed that she had by the receipt of the notice incurred, with the costs of the arbitration, a loss of about £950, and she contended that as she had been put to these expenses by the receipt of the notice that the sewer would be made, she was by virtue of the provisions of the Public Health Act, 1875, entitled to be compensated for this loss by the defendants. Mr. Justice Ridley held that the award was bad, that the plaintiff was not entitled to the £10 awarded for damage or injury, nor could the plaintiff recover her costs under the award. Mr. Justice Ohannell agreed with his learned brother on the first but not on the second point, but as he was the junior judge by appointment he withdrew his judgment. The plaintiff thereupon brought this appeal.
Mr. A. T. Lawrence, Q.C., and Mr. A. J. David appeared for the appellant; Mr. Duke, Q.C., Mr. P. Low, and Mr. Lacey-Smith for the defendant district council.
Lord Justice A. L. Smith, in giving judgment, said the plaintiff, Mrs. Ellis Davis, on receiving notice that a sewer would be laid through her fields, gave notice that she claimed compensation. It was on the assumption that the work would be executed that the matter went to arbitration. It was clear to his mind that as the sum of £10 so awarded could not be recovered, because the work had never been begun and had been abandoned, that the part of the award dealing with the costs must go by the board also.
Lord Justice Collins concurred.
Lord Justice Romer said he agreed, but he desired to point out that the Act gave the landowner power to go to arbitration to get compensation if the landowner could show that damage had ensued by reason of the receipt of the notice of intended works. That was a very reasonable provision, for it was easy to put forward cases where substantial damage from that cause alone might result to the landowner. Suppose, for example, it had been arranged that the land should be purchased for so much, and the intending purchaser cried off on the ground that he objected to buy land for the erection of houses under which a main sewer was to be constructed. No doubt the Act gave the parties the right to go to arbitration as soon as a notice of the district council’s intention to exercise their statutory powers was served upon the landowner. At the same time, as he had often pointed out, that was a course
“Having placed an inch of earth over this fertiliser, to prevent the hop roots from coming into direct contact with it—a thing which might prove detrimental to them—I next insert, the roots, separately, and always with the eyes up (speedy appearance of the sprouts above ground being thus ensured), whereon I gently pack about and over them earth free from stones to the depth of an inch or more. Then in order to know exactly wThere the hills are before the young hops have had time to come up, I always insert a small stick, prepared for the purpose, into the hill, allowing it to extend 12in. or 15in. above ground. As the remaining three-quarters of the ground will need to be planted to some other crop the first season, such as corn or potatoes, the value of these sticks cannot be over estimated. It may be added, too, that they are beneficial for the young hop vine to cling to, and so get initiated as it were into the habits of its future life. Such is the way 1 set out hops, and never yet knew this method, other conditions being favourable, to prove unsatisfactory. Concerning the width of the row's they average 65ft. each way. Six feet, how-ever, and even less, may be made to suffice, and indeed w'here land is dear this is something to consider.”
The vexed question of farmers, hunting men and barbed wire, is still with us at the end of another season, and from all accounts the use of this kind ■of fencing throughout the country is considerably increasing. Several hunts are being abandoned owing to the vast amount of wire-fencing making it impossible to hunt the country? Would it affect the farmer if every hunt in the kingdom suddenly became, like the proverbial dodo, extinct? Anyone w'ho view's a field of young w'heat after about a hundred horsemen—perhaps this is rather too strong, and let us say 50, for it is not all the field who take no notice of “ ’ware wheat ”—have been galloping across it, or a nice piece of roots, when a good1 many appear to be uprooted, or w-ho sees the gaps !in the hedges and the dry-stone walls dowm, would perhaps remark that the ceasing of the noble sport would only affect the farmer beneficially. But there is another side to the question.
No doubt considerable damage is done by large “fields,” especially when many of their number are Cockney sportsmen, about w'hose iniquities so much is always being retailed, but there is also no doubt that hunting does very much to help agriculture by the demand for horses and the production of fodder for them, hay, oats, etc. As indicative of some farmers’ feelings on the subject a gentleman hunting in the Badminton county, where the fields often number as many as 500, asked one of the farmers, “ Are there any farmers in this part of the country?” “Farmers,” he said, “why, we are all farmers.” “Then how on earth do you live with all these people riding over your land?” and the reply was, “ We couldn’t live without them. But you certainly wouldn’t get such a sporting answer from all our friends. And in support of the statement that hunting is a great benefit to the country, it is said that there are 221 packs of foxhounds alone in the three kingdoms, besides a large number of stag-hounds and harriers, and it is calculated that the expenditure connected with the first named is certainly not less than £750,800 each hunting day. This is a very large sum indeed, but there is no reason to doubt■ the accuracy of the statement, w'hich is the result of much calculation and trouble undertaken with the avowed intention of proving the benefits conferred by the votaries of this description of sport, and■ the loss the country wrould sustain by its extinction. When it is considered the number of horses and men employed, and the expense of their keep, hunting must benefit a locality in those particulars alone, without taking into consideration the number of establishments which w'ould be closed during the winter at all events if it were not for the attractions of this class of amusement. So let us say, Long live the sport, and long live agriculture!
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BY A LAND AGENT.
[SPECIALLY CONTRIBUTED.]
Any information regarding lameness in horses and its cure must be of interest to the agriculturist, and though an article on this subject, which appeared in the “Veterinary Journal” some W'eeks ago, wras written for professional readers, it might very usefully have been read by all intelligent horse breeders and horse-keepers, and perhaps a few cuttings may not be out of place in this column. The writer s&yS;_“I believe the orthodox treatment for the majority of lamenesses in horses^ (excepting those due to injuries, which require special treatment) is to give the animal a dose of physic, foment the injured part for a few days, then applv cold water and bandages, and if .he lameness remains, to blister, or even fire. I have no doubt that, in a great number of cases, success ultimately results, but it seems to me this rule of thumb method of treatment alight be altered considerably. To begin with, I am of opinion that a large number of horses are prone to rheumatical affections, even if they are not gouty, and w'hat. can be expected when we take into consideration the frequent opportunities they have of getting overheated and chilled in the course of each day’s work. Indeed, it has been suggested recently by more than one eminent authority that rheumatism, with its near relatives, lumbago, sciatica, etc. (in man), are in some w'av connected with the formation of minute crystals in the covering (A the kidneys, a condition closely resembling gout. From the greater turbidness of the urine in the horse this deposit would appear to be the more easily induced. Further, it is easily seen that with greater flow of water through the kidney, the above-mentioned conditions are less likely to take place. I think that a considerable number of horses do not get a sufficiency of water, and in consequence of this there is a tendency to the deposition of salts in various parts of the body, and that these depositions frequently give rise to lameness.׳’
The writer proceeds to explain a system of alkaline remedies. He says :—“ For some time past I have, sometimes, in conjunction with, and sometimes without the orthodox treatment, administered alkalies internally, and especially the carbonate of soda and potash, and iodide of potash, and I have given instructions that the animal receive water ad lib. ; and the necessity for a very free supply of water when the alkaline treatment is resorted to is quite in agreement with the above, and I have certainly found very good results from this practice. ׳ In one case, in which the formation of a spavin was threatened, I used no local application, but treated the animal with alkalis, and within a fortnight it became sound and remained so. So closely is rheumatism, m its various forms, connected with disordered assimilation and excretion, that it seems well nigh useless to treat it at all by local application, or, if that is done, to expect more than mere temporary relief from some purely local symptom of the affection.”
Here is a case of modern science upsetting our old notions, for it is quite true that it is generally blister! blister! blister! if a horse goes wrong in his legs at all, and it is useful to know that internal treatment is of advantage. The veterinary surgeon who is responsible for the article from which the above extracts are made does not claim any originality for his treatment, but simply wishes to point it out to those who have not tried it■.
The following remarks on hop growing, by an American authority, may be of interest to hop growers in our own country at this season of the year : —“ I have always obtained the best results by planting just as soon as the ground was dry enough to harrow, time being required, of course, to harrow it thoroughly, or until it was worked into a fine mellow state. The exact date will vary, as some springs are earlier than others. The last time I planted any hops ihe work was done the latter part of April, and better results I never had. I consider three sets for a hill sufficient, and the way I prepare and plant them is as follows: The loots are dug out a few days prior to planting, so as to get a trifle dry—this prevents them from bleeding when put in the ground. Of course, they must not■ get dry enough to destroy the life in them, and it is also important that they lie whole and good, in which case, when ready to plant, they may be safely cut into pieces about. 4in. long, three of these being sufficient to set in any hill. I prefer to do the setting by hand, first making a hole in the ground where the hill is to be with a hop bar not deeper than the length of the pod. In the bottom of the hole thus made I put some kind of good fertiliser— either phosphate adaptable to the soil, or else well-rotted farmyard manure—not a great deal,
Ibut enough to give the young hops something stimulating to work upon.
to curates, for a. deduction could not be claimed unless it could be shown that the Bishop was empowered to enforce the employment of a curate. He seconded the vote of thanks.
The Rev. D. Lamplugh (visitor, Rokeby, Yorks) dealt with the subject of the paper at considerable length from the standpoint of an incumbent. He appreciated the kind tone of the paper, but expressed the opinion that the proposals mentioned therein were far too generous to be carried out.
Mr. J. H. Sabin (Member of the Council, London) remarked that he supposed there was no one who had associated in any way with the rural clergy during the last 10 or 15 years who did not feel in sympathy with them, but in dealing with that subject they were apt to dismiss sentiment and discuss it from the standpoint of a practical surveyor. He could not shut his eyes to the fact that a wholesale transfer of the rates now charged to the clergy would be absolutely and completely an endowment out of the national funds. Referring to the statute of Elizabeth, the speaker said the spirit of that statute was excellent; that everyone should contribute towards the support of the poor was a worthy sentiment, but so also was the sentiment that all men were bom free and equal. He felt perfectly certain that it was quite impossible to compel every inhabitant to contribute according to his ability. In other words, it was impossible to rate personalty so as to secure a reasonable quota from every one according to their wealth. Mr. Sabm went on to show that the rates paid were incident to the ownership and not to the occupation, and how the tithe rent charge was affected by this fact. He was not prepared to say that the Agricultural Rates Act of 1896 was either just or proper.
Mr. H. M. Grellier (Fellow, London) felt confident that the members of the Institution would find the final report of the Commissioners most fascinating. After having studied it they would find themselves in agreement with tie almost unanimous conclusion of the Commissioners that to the owners of tithe rent charge not severed from benefices ■the present law, as it was interpreted, worked unjustly, and the tithe-owner was entitled to relief. He thought it was high time that rating authorities should have some guidance as to the manner in which tithe rent charge should be assessed.
Mr. E. W. Paterson, secretary of the Tithe Rent Charge Owners’ Union, also took part in the discussion, at the close of which the vote of thanks was carried with acclamation.
Colonel Raikes having briefly replied, the proceedings terminated.
It was announced that the next meeting would be held at Bristol on April 26 and 27.
Henberrow, a pretty residential estate at Dymoek, near Ledbury, comprising a good house with buildings and about 33 acres of land, has been sold by private treaty to Mr. Thos. Thomas, of Cheltenham, through the agency of Mr. R. Wood, of Hereford.
Mansion Fire Brisades.—Since Mr. Merry-weather published his useful work on the “Fire Protection of Mansions,” much has been done to render large residences, which in many cases are of historic interest, less liable to destruction by fire. The open hearth, with its roaring fire, has been replaced by the modern kitchener, which does its work with greater cleanliness, efficiency and economy, and at the same time considerably minimises the danger of a fire originating in its immediate vicinity. Then again, the wooden beams—formerly to be found in every old chimney, and which were a constant source of danger to the house, owing to their liability to become ignited through overheating —have been done away with, and the chimneys reconstructed on most modern principles. More than this, !however, has been accomplished in the system of fire protection. Many owners of mansions have had the forethought to provide themselves with fire-extinguishing appliances and life-saving apparatus, so that, should an outbreak of fire occur, no time need be lost ,in subduing it. A fire is naturally more controllable in its incipiency than when it has been allowed to gain a firm hold upon the fabric of the building in which it originates, and if, the moment an outbreak of fire has been discovered, a powerful jet of water from a hand-pump or hydrant can be thrown upon it, the chance of extinguishment is greatly improved, and the amount of damage minimised. To this end, Messrs. Merryweather have been supplying many owners with . suitable appliances. Mr. Ingram Whitaker, of Pylewell Park, Lymington, has just been supplied with a “ Squire’s ” steam fire engine, which can also be used as a portable engine for driving circular saws, dynamos for electric lighting, threshing machines, and many other purposes. In addition to this he has been supplied with a “ London Brigade” hand pump, canvas chute escape, and other apparatus, including a good supply of hose. Mr. Whitaker also maintains a private fire brigade, which has already done good service at a ■fire which occurred at a cottage recently. His example might well be followed by many other mansion owners.