for intended cellars. To do this it is necessary to erect the usual hoarding in compliance with the local bye-laws, which so obstructs the lane, as to make it impassable for vehicles, but not for pedestrians, for about six weeks.

B is the owner of a public-house fronting on the opposite side of the lane, and he is bringing an action for loss of custom and disturbance of of business caused by the obstruction of the lane.

Can B sustain the action, assuming that the hoarding cannot be erected without obstructing the lane, and is not kept up for an unreasonable time having regard to height of buildings pulled down and excavations made, and if so, on what grounds?

Are there any similar cases?

812.

RURAL DISTRICT COUNCIL-BORROWING POWERS-VILLAGE WATER SUPPLY.

(For a Reply to this Query, see p. 488.)

1. Has a Rural District Council power to levy a special rate on a parish for a water supply without the sanction of the Local Government Board, when no money has been borrowed from the Local Government Board?

2. A Rural District Council agree with a landlord to let the landlord use their mains to carry water for part of the way to his estate, under an agreement whereby the landlord was to receive through the mains five gallons a minute, it being understood (but not put into the agreement) that the landlord should use part of this water for supplying one of his villages. The Rural District Council now wish to impose a special rate on this village to pay for their legal expenses in carrying out the agree ment as to the use of their main.

Has the Rural District Council power to impose such a rate, the village water supply being entirely under the control of the landlord?

813.

BOROUGH COUNCIL-PAVING CHARGES-ROAD OR FOOTWAY.

(For Replies to this Query, see p. 489.)

A Borough Council have served (under the Public Health Act 1875) notice of apportionment of the cost of making up what they term the roadway from A to B. The entrances to the houses shown are from the main parish roads running parallel to the railway; there are side gates from the gardens of the houses by which access can be gained into the roadway A to B. This so-called road is nothing more than the remnant of a pathway from the main road at B to a farm which existed

many years ago, and since the meadows were built upon this remaining portion of the pathway has merely been used by foot passengers from one road to the other, and at the north end there are iron posts to prevent vehicles from entering.

The average width of the "road" is 40 feet, but the footbridge over the railway is only 15 feet wide.

There is no possibility of buildings being erected on either side of this road, as the frontages are the boundary fences of the gardens (70 yards. long) belonging to good residential houses.

The boundaries therefore abut on a public footpath, and no ground has been given up to the parish, although they have placed several lamps. along the "road." The parish, however, have not repaired the pathway, nor do the adjoining owners do so, but when the railway company constructed the footbridge, they naturally made up the pathway over the bridge. Vehicles can get down the roadway from the south end, B, and over the bridge, but cannot travel through on account of the posts.

The length of the so-called roadway is about 200 yards. No drainage exists in the road, and it is not contemplated to put any.

I should be glad to know if the frontagers have any chance of success. if they resist the demand of the local authorities on the ground that it is merely a footpath in the nature of a cul-de-sac, and therefore not a new

RURAL SANITATION-RAIN WATER SUPPLY.-SUFFICIENCY.

(For Replies to this Query, see pp. 489, 490.)

A cottage, the rent of which is £4 per annum, and which has been occupied for many years, has hitherto been supplied with water fetched from a considerable stream situate at a distance of about 100 yards. The

inspector of the Rural District Council having condemned the stream water on account of some house drainage polluting it, the owner of the cottage provided a galvanized tank and conveyed the rain water falling on the roof of the cottage to it, the water passing through a box filled with gravel before reaching the tank. The tank is provided with draw-off tap and wash-out plug for cleaning purposes.

The Rural District Council contend that this water supply is not satisfactory, and give notice to the owner to provide a proper water supply. There is no possibility of obtaining water without sinking a well to a depth of probably 50 or 60 feet, and at a cost of at least £50.

Is a rain water supply not a sufficient supply? And can a Rural District Council insist on another supply being provided?

815.

ARBITRATION-AGREEMENT-ERROR IN-RECTIFICATION.

(For Replies to this Query, see p. 480.)

In 1900 an agreement was entered into between two parties settling certain disputed matters in connection with adjoining properties; this agreement contains the following clause :

66

"Should any dispute or difference of opinion arise between the parties as to the true intent and meaning of this agreement or any part thereof or as to any matter or thing which should be done or omitted by either "of them or as to the amount of any damages to be paid by either party 66 to the other of them the same shall be referred to Mr. A. of B. archi"tect, if he be living and willing to act, or failing him to two arbitrators, one to be appointed by either party and their umpire duly appointed "and such arbitration shall be conducted according to the provisions of "the Arbitration Act 1899."

66

Now in 1902 a mistake is discovered in the agreement; can the question of such mistake now be referred to arbitration under the foregoing clause? If so, what is the proper procedure?

816.

PUBLIC HEALTH ACT, 1875-PROPOSED SEWER MANHOLES—
INCIDENCE OF COST.

(For a Reply to this Query, see p. 491.)

It is seven years since a sanitary authority laid a sewer in a street under Section 150 of the Public Health Act, 1875, making the necessary connections, but no manholes, and apportioned the cost upon the owners. Can the charge for manholes which are proposed to be constructed be apportioned upon the owners?

817.

"HOUSING OF THE WORKING CLASSES ACT "-DEMOLITION OF HOUSES UNFIT FOR HABITATION-LIABILITY.

(For a Reply to this Query, see p. 491.)

A sanitary authority, acting under the provisions of the Housing of the Working Classes Act, 1890, make complaint before a magistrate that certain premises are unfit for habitation. The leaseholder attends the proceedings, but is not allowed to intervene on the ground that he is not the owner under the Act, the unexpired term being less than twenty-one years. There being no cross-examination or opposition, the magistrate grants a closing order, and the sanitary authority intimate that they will not consent to this closing order being quashed unless certain parts of the premises are pulled down and permanently done away with to improve air space. The freeholder does not object to this demolition, but the leaseholder objects to bear the expense of pulling down and making good, which will be considerable. If the requirements of the sanitary authority are not complied with, the authority will proceed to empty the premises, and the leaseholder will lose his income. He is under full liability in his covenant to repair, and is prepared to do all sanitary matters claimable under the Public Health Act. Under these circumstances, if he does not comply with the wishes of the authority, and if his landlord does not do so, will the leaseholder still be liable to pay the rent reserved by the lease, and what is the proper procedure? Would the leaseholder have any claim against his lessor if he (the leaseholder), under pressure from the authority, pulls down part of the premises and executes the other work incidental thereto ?

818.

URBAN SANITARY AUTHORITY-BY-LAWS-NEW AND OLD STREETS.

(For Replies to this Query, see pp. 491, 492.)

A set of building by-laws of an Urban Sanitary Authority contains the following :

Every person who shall lay out a new street which shall be intended for use as a carriage road shall so lay out such street that the width thereof shall be 36 feet at the least.

Every person who shall construct a new street which shall exceed 100 feet in length shall construct such street for use as a carriage read, and shall, as regards such street comply with the requirements of every by-law relating to a new street intended for use as a carriage road.

Every person who shall lay out a new street which shall be intended for use otherwise than as a carriage road, and shall not exceed in length 100 feet, shall so lay out such street that the width thereof shall be 24 feet at the least.

Provided always that this by-law shall not apply in any case where a new street shall not be intended to form the principal approach or means of access to any building, but shall be intended for use solely as a separate means of access to any premises for the pur

pose of removing therefrom the contents of the receptacle of any privy, or of any ashpit or of any cesspool without carrying such contents through any dwelling-house or public building, or any building in which any person may be or may be intended to be employed in any manufacture, trade, or business.

Every person who shall construct a new street for use as a carriage road shall, comply with the following requirements (here follows descriptions of materials).

Every person who shall construct a new street shall provide at one end at least of such street an entrance of a width equal to the width of such street, and open from the ground upwards.

The new streets shown in the sketch are proposed to be constructed in accordance with certain deposited plans upon which houses are shown to face only upon the new streets, but the local authorities will not pass the plans unless the old roadway is widened to the extent of 18 feet from the centre road. Can they compel the building owner so to do either with or without compensation?

RATING-PRIVATE COMPANY'S ROAD AND BRIDGE-RATEABLE VALUE.

(For Replies to this Query, see pp. 492, 493.)

What are the headings of deductions to arrive at rateable value from the gross in the assessment for poor rate purposes of a private company road three-quarters of a mile in length, with a toll house and a bridge crossing a county river, for which tolls are collected ?

820.

PUBLIC ROAD-TELEGRAPH POLES-ADJOINING OWNER'S CLAIM FOR ACKNOWLEDGMENT

(For Replies to this Query, see p. 494.)

The Post Office has recently erected a new line of telegraph poles along a public road, in an urban district, running through the estate of a