Papurau Newydd Cymru

Chwiliwch 15 miliwn o erthyglau papurau newydd Cymru

Cuddio Rhestr Erthyglau

11 erthygl ar y dudalen hon

COURT OF CHANCERY. j

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COURT OF CHANCERY. j LINCOLN'S INN HALL, DEC. 21, 1832. BLAKEMORE V. THE GLAMOITGANSHJRE CANAL COMPANY. This case, which was heard before the Lord Chan- cellor last Michaelmas Term, and occupied the Court several days, was argued, on a motion for ah Injunc- tion to restrain the defendants from usi% the canal and other works belonging to it, on the ground that they had, since the completion of it, made various alterations, which caused a greater consumption of water from the river Taff than at the fSjpe ofs com- pletion, and thus diminished ti-ic supply of wafer frcm that v-iver to the plaintiff's works, called the Melin Griffith and Pentyrch tin plate works. The Lord Chancellor, in giving judgment, observed that this was a motion far an injunction covenng a "Tea' variety of and e^tcr.d; lo'* veiy u >i,i t at Iei: £ th at,u that the application, irom ti.c great extent to which it was pushed, brought into discus- sion the proceeding generally by injunction, and the jurisdiction of the Court in cases of nuisance. He then enters into the discussion of the jurisdiction of the Court of Chancery to grant injunctions, and goes through all the cases upon that subject, and observes, that without denying its jurisdiction to grant what the plaiutiff asks, he must decline to exercise it. His Lordship adds, that the leading piinciple on which he proceeds, in dealing with the plaintiff's application is, that only sueh a rest.aint shall be imposed as may suffice to stop the mischief complained of, where it is to stay fvi titer injury, and to keep thiiigs as they are for the present. His Lordship then proceeds in these or(is The uexi, and only other point to which it is necessary that I should advert, is the construction put upon the two Acts of Parliament, 30 and 36 Geo. III., as regards the time aMowed for completing the canal. I say the two Acis; for although the question has principally been raised upon the 3rd section of the 26th, yet it seems difficult to construe that, without reference to the 30111, and particularly the first section of the 30th. It is now too late to discuss tnis for whatever might have been the me.its of the question had it been entire, judicial decisions h ive given an interpre.ation to the "(I section, which ought not now to e S"VkCi1. Eve;, since Ihe Court of Kiitg's Bench considered the Acts as forming a contract between the Company atd the neighbouring proprie.ors, it has been judicially held, (although it is said that a most able and iearned .Iudge expressed a contrary opinion, and for whose opinion I entertain a most profound respect) that the caual should.not be pItned even within the limits allowed by the earlier Act. I say \i('a the greatest possible deference to the current of authority that has so decided, that if I had been sitting in the situation of that hiah au- thority alluded to, I should have decided just in the same way. NotwiihMaudiiig the great weight of de- cision in support' of this consiruetiou, the more I con- sider the frame of the 3,-(; section, and the point of Cons- uetioki I am the more impressed with the opinion, whiih f therefore fling out for Alr. Blake- more's best consideration, that he is great I v inteiested i.i res ing satisfied with the po^i'ion in whch these adjudica'ions have left the ques;io.i; and, above all, in not fur:her p.-(,s,it).q so uild a pretension, as that w\¡¡ch would stop all improvements of the cailal, whereby, eventually, sjmewhat mere water may seem to be used. To a certain length I think him entitled, under the shelter of these decisions, but I :j>!>nd it I am not prepared to aid him: cer- tiii.i'y r.ot in this stage of the cause. The :;1n;.tll'd i')'I" 5;^ "1-¡, as J-. l' '7, pond, and in 1828 as to The three-mile pond, arc con- fined.-lhe one to widening and deepening, the ther to widening, deepening, and enlarging the water-Way. In substance both prohibit the enlargement of the canal. This prohibition I will extend to the whole of the canal with the addition of those words, 4 so as directly, and by the ir.imediale oyerahon of such en- la gement, to les en the supp y of Wafel" to the Melin and Griffith works or to the Pentyrch works'; and subject to a like qualification, 1 will also restrain the company from erecting or permitting to be erected or used, any engine other than is now erected and used by them from making any new cuts, or deepening any cuts already made commi-n/cat-ng ihe riter er Tofft or using any pipes or other cont, ivances what- ever from drawing water from the said river, other than are at present used by them, and from altering fne locks, weirs or other works of the canaV I add these words c, d<rertly and by the immediate opera- tiOil of such enla'emfnts, erection of engines, new cuts, or deepening the present cuts, &c.' singula singulis, in order to prevent the pretence being set up against many improvements of the canal, that it in- creases h e traffic which many improvemcnis may do as by lessening the expenses of the company, and en ab'ingr them to reducj their dues. Tlius, if a new engine, or lock upon an improved principle enabled them to accomp'isii this end, it would not come within the prohinition. It tnight, hy increasing the traffic, indirectly and mediately increase the consumpiion of water; but this wou'd not be its direct and imme diate operation. If such engine or lock occasioned directly and immediately a ureater consumption of water, it would come within the scope of this order." His Lordship retused all the other parts of the mo- tion, and with respect to Mr. Powell, his Lordship said, It is needless to discuss the 58, 59, and 60 sec- tions, on which Mr. Powell relies, and on which I ex oressed considerable doubt at the time of the argu- meut, because of .be length of lime that had elapsed since February, 1S30. Now, having said so much, I have in conclusion to make this observation, and I regret Mr. Blakemore is nut here to hear HIe at the moment 1 make it." ( His i ords'dp was informed Mr. Blakemore was in Court.) 11 0'1, he is here, ve. y wHl,—it is impossible, when one looks back to the mode in which those parties have lived in l'"iga,;ou against one another for so many years, not to s 'e ihat the execution of this oder may give rise (o fort her litigation, and that we ",Ita11 have applications on the pa' t of Mr. Blake¡,10--e ifaolv act" are attempted) on the part of the company, and then the ques;ions will be, 1st, whether there is an alteration, and if there is, 2d, whether it is sucii aa alteration as to bring it within the restraining part of the order viz. hethei- it is directly cr immediately diminishing the water to which Mr. Blakemore is entitled that is, xuch as shall .ot be ieecssa-, yjor the use of ihe said Cft 1'[11. His Lordship threw out a recommendation to !he parties to agree upon some skilful person, a surveyor residing in the neighbourhood accustomed to such works, that any alteration which lie sanctioned,taking for hi- guide his Lordship's judgment, the company should make without further molestation.

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