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Home > Art, Film & Photography > The Law Reports Volume . 37; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection
The Law Reports Volume . 37; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection

The Law Reports Volume . 37; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection


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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 Excerpt: ...for the Plaintiffs: --The notice of the 25th of January, 1886, was bad because there was no bona fide intention on the part of the Defendant himself to work the minerals. chitty, J.: --Is not the notice good in point of form? That may be admitted; but unless the person giving the notice not only has the right to work, but is prepared himself to work the mines, the railway company is under no obligation to make compensation: Smith v. Great Western Railway Company (1); Great Western Railway Company v. Bennett (2). A notice of the owner's intention to work cannot be good for the purpose of enabling his lessees to work, and there must also be an intention to work immediately, and not a mere general indefinite intention to work at some future time. Having regard to the language of sect. 79, "so that the same may be done in a manner proper and necessary for the beneficial working thereof," the Defendant is not entitled to work the mines by open quarrying in a manner detrimental to the company; and we contend, further, (1) 3 App. Cas. 165. (2) Law Kep. 2 H. L. 27. that as it appears by the evidence that the minerals in conse Romer, Q.C., and Percy Gye (Sir H. Davey, Q.C., with them), for the Defendant: --As the legal owner of the minerals under and adjoining the line of railway the Defendant has full power to work them after giving notice of his intention to the company pursuant to the Railways Clauses Act, 1845, s. 78. The Plaintiff company contend that the minerals cannot be worked at a profit, but they cannot be allowed, so long as the notice is valid, to inquire into the Defendant's motives for serving it. The evidence, moreover, shews that the Defendant has a bond fide intention of working the minerals, and not only that they can be worked, but that th...


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Product Details
  • ISBN-13: 9781152367388
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 296
  • Spine Width: 16 mm
  • Width: 189 mm
  • ISBN-10: 1152367382
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 531 gr


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The Law Reports Volume . 37; Chancery Division, and on Appeal Therefrom in the Court of Appeal, and Decisions in the Court of Protection
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