POLICE Continued.

Sheriff Court Houses of Glasgow are the Sheriff Court Houses of this
district alone. By sec. 13 of the Glasgow Court Houses Act, 1890,
the Court House Commissioners were empowered to apportion, assess,
and charge sums of money borrowed by them under the Act upon
three public bodies, the Corporation of Glasgow, the County Council
of the county of Lanark, and the Magistrates of Rutherglen, "in pro-
portion to the gross valuation for the year ending on the 15th May
1890 of the lands and heritages situated within the respective areas
under the jurisdiction of such public bodies." By sec. 15 it was pro-
vided that the County Council of Lanark "as representing the Lower
Ward thereof" should pay to the Glasgow Court Houses Commis-
sioners the sum chargeable against the County Council. In an action
by the Commissioners against the County Council of Lanark for £7669
as their proportion of the sum chargeable under the Act against the
three bodies, the sum sued for being arrived at by taking the gross
valuation of all lands and heritages within the county as the area
within the jurisdiction of the County Council, the defenders main-
tained that the valuation should have been limited to the Lower
Ward of the county, which was alone liable for the assessment. Held
that the terms of sec. 13 were unambiguous, and not capable of con-
struction; and that the "area under the jurisdiction of" the County
Council referred to in the section was the whole county. Held further
that, while the valuation for the year ending 15th May 1890 was to
be taken as fixing the value of the subjects in the different areas, the
Commissioners were to take the respective areas of jurisdiction of the
three public bodies as these actually existed at the date of apportioning
the assessment. Glasgow Court Houses Commissioners v. Lanarkshire
County Council, Nov. 20, 1900, p. 103.
Assessment-Notice- Statute- Construction - Time- "Week"-Adver-
tisement--Aberdeen Municipality Extension Act, 1871, sec. 145.

-

2. Held that a notice which had been inserted in an Aberdeen daily news-
paper on Friday in one week, and on Wednesday in the following week,
was a notice which had been inserted "for two successive weeks,"
within the meaning of the Aberdeen Municipality Extension Act, 1871,
sec. 145. City of Aberdeen v. Watt, May 17, 1901, p. 787.
Assessment Exemption - Premises exclusively appropriated to public
religious worship-Church and Mission Halls-Rating Exemptions
(Scotland) Act, 1874, sec. 1.

2a. Held that church and mission halls sometimes used for temperance
meetings and for congregational social meetings could not be regarded
as exclusively appropriated to public religious worship, and did not
fall within the exemption provided by the Rating Exemptions (Scot-
land) Act, 1874. Trustees of College Street U. F. Church v. Parish
Council of Edinburgh, Jan. 31, 1901, p. 414.

Buildings and Streets-Cleaning of Common Stair-Edinburgh Muni-
cipal and Police Extension Act, 1882, sec. 41, subsec. (5).

3. A club, in addition to its main premises, occupied a flat in an adjoining
tenement. Entrance from the main club premises to this flat was
obtained by a doorway through the gable wall between the tenements.
Before the occupancy of the flat by the club, the entrance to the flat,
as well as to the other flats of the tenement, was obtained from a
common stair.
The club made no use of this common stair, and the
doorway therefrom, which formerly gave access to the flat, had been
boarded up with wood battens. The secretary of the club was convicted
of a contravention of sec. 41, subsec. 5, of the Edinburgh Municipal
and Police Extension Act, 1882, in having failed to have the stair and
landing immediately below the flat belonging to the club washed.
Held on appeal that the mere fact that the club had ceased to use the

POLICE Continued.

common stair did not relieve it of its obligation under the statute to
have the stair washed, and that the conviction was right. Macnaughton
v. Smith, March 18, 1901, Just. Cases, p. 56.

Buildings and Streets-New Buildings-Permission to occupy-Burgh
Police (Scotland) Act, 1892, sec. 180.

4. The owner of certain new houses, which had not been certified by the
burgh surveyor under sec. 180 of the Burgh Police (Scotland) Act,
1892, gave the keys to his tenants, with permission to put their
furniture in, but not to reside themselves until the surveyor's certificate
had been obtained. Held that in the circumstances he had permitted
the houses to be occupied in contravention of section 180. Downie v.
Fraser, July 10, 1901, p. 1044.

Buildings and Streets-Taking down insecure part of building in order to
restore to original condition-Turnpike Roads (Scotland) Act, 1831,
sec. 91-Burgh Police (Scotland) Act, 1892, sec. 158.

5. Held that neither sec. 91 of the Turnpike Roads (Scotland) Act, 1831,
nor sec. 158 of the Burgh Police (Scotland) Act, 1892, was applicable
to the case of taking down part of an existing tenement, which had
been injured by the operations of an adjoining proprietor, in order to
restore it to its original condition. Smellie v. Gallon, June 8, 1901,
p. 898.

Buildings and Streets-New building on old site-Turnpike Roads
(Scotland) Act, 1831, sec. 91.

6. Held that sec. 91 of the Turnpike Roads (Scotland) Act, 1831, applied
to the erection of new buildings on the site of existing buildings which
had been erected prior to the passing of the Act, and which it was
proposed to remove. Whyte v. Glass, Dec. 20, 1900, p. 291.
Buildings and Streets- -" Court"-Width of Court-Entrance to Court-.
Burgh Police (Scotland) Act, 1892, secs. 4 and 152.

7. In a petition to the Dean of Guild in a burgh for warrant to erect
dwelling-houses, the petitioners proposed to form a court, of the
statutory width, opposite the houses, but with an access from the
public street by a passage through the petitioners' property, 22 feet in
width. Held that the passage must be taken to be part of the court,
and must therefore, under sec. 152 of the Burgh Police (Scotland) Act,
1892, be of the width of at least 36 feet. M'Neill's Trustees V.
Watson, May 30, 1901, p. 817.
Buildings and Streets-" New Street"- -Width-Commissioners-Power
to sanction width under 36 feet-Dean of Guild-Burgh Police (Scot-
land) Act, 1892, secs. 152, 153.

8. Held that by sec. 153 of the Burgh Police (Scotland) Act, 1892, the
commissioners of a burgh have power,
on a consideration of the
special circumstances of the case," to sanction the laying out of a "new
street" less than 36 feet wide, and that where they have done so their
decision is binding on the Burgh Dean of Guild Court, and it is there-
after ultra vires of the latter to refuse a warrant for the erection of
buildings on the street so sanctioned, on the ground that it is less than
36 feet wide. Barr v. Lee, Feb. 14, 1901, p. 484.
Buildings and Streets-Making up private street-Lands and Heritages
"fronting and abutting" on street-Railway Line-Edinburgh Cor-
poration Act, 1897, sec. 73.

9. A railway line ran alongside a private street in Edinburgh, on an embank-
ment at a height considerably above the level of the street. The line
Iwas fenced from the street by a wall at the bottom of the embank-
ment, built by the railway company on their own ground. The Cor
poration having served a notice on the company, as the "owner of
lands and heritages fronting or abutting" on the street, to make up and
complete the street, the company appealed, on the ground that the street

POLICE Continued.

was a private street of which they had no beneficial use, and to which
they had no right of access. The Court dismissed the appeal, holding
that the railway company being owners of lands which in fact fronted
and abutted on the street in question, they were liable to contribute
to its construction and maintenance on the call of the Corporation.
Caledonian Railway Co. v. Magistrates of Edinburgh, March 12, 1901,
p. 645.

Drainage "Ordinary public sewer"-Recovery of expense of construc-
tion from adjoining proprietors-Building erected on "a land or heri-
tage" adjoining road—“ Land or heritage"-Glasgow Police Act, 1866,
secs. 4, 328, 329, and 330.

10. Held on a construction of secs. 328, 329, and 330 of the Glasgow Police
Act, 1886, by a majority of seven Judges (1) that when a sewer had
been constructed in a road and the whole expense ascertained and allo-
cated among the proprietors of the adjoining ground in proportion to
the respective frontages, the sums so allocated became due by the
proprietors although payment was not exigible until a building had
been erected on "a land or heritage adjoining the road"; and (2) that
the existence of a farmhouse twenty-five yards from the road, which
had been erected on a farm adjoining the road many years before the
Act was passed, satisfied this condition, and made the proportion of
the cost effeiring to the proprietor for the whole frontage of his lands
at once exigible. Corporation of Glasgow v. Carter-Campbell, March 1,
1901, p. 598.

Drainage-Railway-Public Health (Scotland) Act, 1897, secs. 103, 107,
144, 145, 164.

11. Held that section 144 of the Public Health (Scotland) Act, 1897, did
not imply any obligation upon the Local Authority to purchase lands
occupied for the purposes indicated, and accordingly that they were
entitled under section 103 to carry a sewer under a railway upon
paying compensation under section 164.

Observed that the same rule would apply wherever a power is con-
ferred by the Act and it is not made a condition of the exercise of
that power that the lands occupied shall be purchased by the Local
Authority. Caledonian Railway Co. v. Perth District Committee,
July 4, 1901, p. 1029.

Drainage-Distillery-Proof-Onus-Rivers Pollution Prevention Act,

1876, sec. 7.

12. A distiller, who was liable in drainage assessment, presented a petition
under section 7 of the Rivers Pollution Prevention Act, 1876, against
the Local Authority of the district for a decree ordaining them to allow
him to carry the liquid refuse from his distillery into the defenders'
sewers. The defenders pleaded that the liquid would prejudicially
affect the disposal of the sewage matter conveyed by their drains.
After a proof the Court held that the liquid refuse was in fact of
such a character that, if received into the defenders' sewers without
treatment, it would prejudicially affect the disposal of the sewage, and
that there was no obligation on the defenders themselves so to treat
the liquid as to render it innocuous, or to shew that it was impossible
to do so, and refused the petition. Cowie & Son v. Commissioners of
Dufftown, Dec. 11, 1900, p. 257.

Regulation of traffic-Bye-law-Ultra vires-Edinburgh Municipal and
Police Act, 1879, sec. 304.

66

13. The Magistrates of Edinburgh, in pursuance of the Edinburgh Muni-
cipal and Police Act, 1879, sec. 304, made a bye-law in the following
terms: The driver of a hackney carriage shall not stand with the
same longer than is necessary for taking up or setting down passengers
on any part of the public streets not allotted as a hackney carriage

POLICE Continued.
stance, except at the dismissal of the theatres, assemblies, public meet-
ings, and the like." Held that the bye-law was not ultra vires of the
magistrates.

A hackney cab-driver, in pursuance of a written order from the
manager of a hotel to the driver's employers instructing them to send
a cab to the hotel every day at a specified hour, was ordered by his
employers to drive his cab to the hotel and take his orders from those
in charge there. He was there told by the hotel boots to wait until
he was discharged, and he waited accordingly for about an hour, when
the boots told him that he was discharged. He had not been hired
by anyone wishing to use his cab. Held that the hotel manager's
order did not constitute a hire of the cab, and that the cab-driver had
rightly been convicted of a contravention of the bye-law. Mackenzie
v. Somerville, Dec. 6, 1900, Just. Cases, p. 4.

Regulation of traffic-Bye-law-Notice-Order- Ultra vires-Burgh
Police (Scotland) Act, 1892, sec. 385.

14. The magistrates of a burgh, professing to act under section 385 of the
Burgh Police (Scotland) Act, 1892, issued a notice and order perma-
nently prohibiting all bicycle and tricycle traffic in the main thorough-
fare of the burgh. Held that the notice and order was ultra vires and
ineffectual, in respect that, on a sound construction of section 385, in
the case of a regulation intended to be permanent, the procedure must
be by bye-law. Baikie v. Charleson, March 18, 1901, Just. Cases, p. 54.
Regulation of traffic-Bye-law regulating carriage traffic-Loitering-
Relevancy.

15. A bye-law, framed by the magistrates of a burgh, provided that "no
driver of any carriage shall stand or loiter with the same
. . . in
any street or place not appropriated as a public stand except at places
of public amusement or entertainment, and on the occasion thereof."
A driver was charged with a contravention of the bye-law in so far as
he did, on a certain date, with a horse and hackney carriage, loiter in
a certain public street, not being a public stand nor at a place of public
entertainment, and drive slowly up and down said street within a dis-
tance of 100 yards in a period of seventeen minutes, for the purpose
of inviting or picking up passengers. Held that the charge was rele-
vant. Murphy v. Neilson, June 7, 1901, Just. Cases, p. 77.
Water Supply-Assessment - Manufactories-Burgh Police (Scotland)
Act, 1892, secs. 21 and 347—Public Health (Scotland) Act, 1897, secs.
134 and 136.

16. A Local Authority acting under the Public Health (Scotland) Act, 1867,
introduced a water supply into a burgh in 1882.
By virtue of section
21 of the Burgh Police Act, 1892, the whole powers and obligations
of the Local Authority were transferred to the Police Commissioners
of the burgh, who thereafter continued and administered the water
supply. Held that the water was supplied by the Commissioners "in
terms of this Act" in the sense of section 347 of the Act of 1892, and
that consequently for the purposes of assessment, so far as
applicable
to such water supply, the annual value of manufactories within the
burgh was to be held to be one-fourth of the annual value thereof
entered in the Valuation-roll. Hawick Police Commissioners v.
son & Sons, June 5, 1901, p. 885.
Water Supply-Assessment-Districts other than burghs—Burgh within
Special Water Supply District-Canal--Public Health (Scotland) Act,
1897, secs. 134, 135, 136.

Wat-

17. Under the provisions of sections 134, 135, and 136 of the Public Health
(Scotland) Act, 1897, and statutes therein referred to, the expenses
incurred by the Local Authority for a water supply are to be met by
a special rate, levied in burghs in one manner under the provisions of

POLICE Continued.

section 136, and in districts other than burghs in another manner
under the provisions of section 135. Under these provisions certain
subjects, including, inter alia, canals, fall to be assessed on one-fourth
of their valuation in burghs, and on their full valuation in districts
other than burghs. Held that where part of an existing landward
special water supply district was formed into a burgh, a canal which
intersected the district and the new burgh was assessable on its full
valuation, as being in a district other than a burgh. County Council
of Dumbarton v. Caledonian Railway Co., July 19, 1901, p. 1093.
Water Supply-Public Road-Water-pipe-Compulsory Powers-Ultra
vires-Statute-Construction-Water-Works Clauses Act, 1847, sec. 28.
18. Public water commissioners had statutory authority to lay a line of
water-pipes in a street underneath which, for a distance of 575 feet, a
line of railway passed. Held that it was ultra vires of the commis-
sioners under sec. 28 of the Water-Works Clauses Act, 1847, to break
open the brickwork forming the arch of the bridge or roof of the rail-
way tunnel, and to lay therein an iron trough carrying their water-pipe.
Held further that the word "tunnels" in the section means tunnels
similar in character to sewers and drains, and does not apply to a rail-
way tunnel, and that in any event the right to interfere with sewers,
drains, and tunnels did not warrant the permanent displacement or
removal of any of these. Caledonian Railway Co. v. Corporation of
Glasgow, Feb. 20, 1901, p. 526.

Water Supply-Public Road-Land dedicated to public use-Water-
pipe-Railway under road-Roof of tunnel-Statute-Construction—
Water-Works Clauses Act, 1847, sec. 29.

19. Public water commissioners had statutory authority to lay a line of
water-pipes in a street under which, for a distance of 575 feet, a line
of railway passed, the roof of the railway tunnel being only about 2
feet below the surface of the street. At the date when the railway
was constructed the street was a turnpike road. The commissioners
were unable to lay their pipe without displacing a portion of the brick-
work forming the roof of the railway tunnel. They maintained their
right to do this under sec. 29 of the Water-Works Clauses Act, 1847,
(1) on the ground that the brickwork was devoted to public use, having
from the first been necessary for the support of the road; and (2) that
it was in ground dedicated to public use, being within the area vested
with the streets of the city in the magistrates for public purposes.
Held that, whether the ground occupied by the roof of the railway
tunnel might, in different circumstances, be held to be dedicated to
public use or not, sec. 29 did not entitle the commissioners to interfere
in any way with a structure placed where it was under statutory
authority. Caledonian Railway Co. v. Corporation of Glasgow, Feb.
20, 1901, p. 526.

Water Supply-Right of Support for Pipes laid under Statutory Authority
-Compensation-Minerals under and adjacent to Aqueduct-Presump-
tion-Edinburgh Water Act, 1819-Edinburgh Water Company Act,

1843.

20. By an Act passed in 1819 the Edinburgh Water Company was em-
powered to lay a pipe for bringing water from the Crawley Spring
into the city, and in 1821 a track was opened and a pipe laid, a portion
of which passed through the lands of Pentland and Straiton, and
water was thereafter brought in continuously by the pipe to Edinburgh.
In 1898 the Edinburgh and District Water Trustees, who were vested
in the rights and property of the original water company, raised an
action against the Clippens Oil Company, who had come to be the
owners of Straiton, and were tenants of the minerals in Pentland, and
also against the owner of Pentland, for declarator that the pursuers