Victims to Complexion. SOME FOOLISH YOUNG LADIES. If a private committee could sit daily in our large cities and take evidence of the foolish and harmful habits practised by many young ladies in the belief that they will thereby produce and maintain clear complexions, some startling evidence could be obtained. Not only are cosmetics used in excess but various harmful preparations and substances are taken in great quantity; and a lady doctor has recently stated that the eating of starch is largely practised by a number of young ladies. Those who contract this dangerous habit, are led to do so because they overlook altogether the fact that the complexion is a matter which the liver and digestive organs govern by keeping the blood pure, or else by loading it with impurities. A preparation like Chas Forde's Bile Beans will do more for young ladies towards producing a clear and healthy complexion than can be effected by any other known substance. This is because Bile Beans purify the blood, stimulate the digestive system, and correct the liver. While producing a clear and attractive complexion they also end such common ailments of women as headache, nausea and anasmia; they promote a vigorous circulation; and this in turn gives briskness, vivacity, and energy. Their use is followed by good health and that infallible proof of it-a beautiful and attractive complexion. All chemists will supply them at one and three halfpence or two and nine. The Bile Bean Manufacturing Co. will send you a free sample of Bile Beans if you forward this coupon to their Cen- tral Distributing Depot, free Sample Coupon. Greek St., Leeds (Yorks.). ——— along with full name snd jBlle Beans* address and a penny stamp WeUh Gazette 27/2/02 to pay return postage. 1
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Lampeter Water Supply Dispute IN THE High Court of Justice. VERDICT FOR MR. HARFORD. (SPECIAL REPORT) Mr. Justice Kekewich had before him on Friday, in the Chancery Division of the High Court of Justice, the case of Harford v. the Lampeter Corporation a case of considerable importance to that town and of much interest 1;0 other towns.—Mr R J Parker (instructed by Messrs Cooke, Sons and Acton, of: Bristol), appeared for Mr. J. C. Harford, and Mr. Warrington, K.C., and Mr Cave (instructed by the Town Clerk), appeared for the Corporation. Mr R. J. Parker, in opening the case, said My Lord, this is a summons which raises a question of construction on an indenture dated the 7th Sep, 1899. The summons is taken out under Order 54, Rule A. The plaintiff is practically the owner of the property, being tenant for life of one moiety, and tenant in tee of the other moiety, of a certain estate known as the Falcondale Estate in Lampeter in the County of Car- digan. Prior to December, 1899. arrangements were made bv which he sold certain lands and certain springs to the Corporation, acting as the sanitary au- thority, for the purpose of supplying the town with water. The consideration was iE200 in cash, and certain covenants to supply water to the houses along the line of pipes within 150 yards. and it is on the construction of that covenant the question arises. The indenture is made between the plaintiff of the first part, and two gentlemen who are trustees of one of the moieties, of which he is only .tenant for life of the second part, and the Corporation of the third part. I think I can go straight to the witnessing part without troubling your lordship with the re- citals. It is this—"Now this Indenture witnesseth that in pursuance of the said agreement and in con- sideration of the sum of P,100 paid by the purchasers to the trustees on or before the execution of these presents by th'-dirertion of the vendor (the receipt whereof the trustees herebv acknowledge), and also of the sum of iClOO to the vendor paid by the pur- chasers on or before the execution of these presents, the payment and receipt of which two sums of £100, making together the consideration money of E200, the vendor hereby acknowledges, and also in con- sideration of the covenants hereinafter reserved and contained, and on the part of the purchasers to be observed and performed the vendor as to one undiv- ided moiety of and in the hereditaments," and so on. Then there is a conveyance of all that piece or parcel of land coloured red and marked on the plan "site for reservoir" together with certain powers, and, among others, power to construct, maintain and make within two years from the date thereof on such levels below the surface of the lands as the parties may jointly agree a main or pipe or pipes in, under or through the lands or grounds of the vendor in the re- spective parishes of Lampeter Rural and Silian in the said county of Cardigan in and along the direc- tion of the line distinguished by the color red and marked pipe track on the said plan, or as near to such line a circumstances will permit (such line of pipes to commence from the said site of the said reservoir and to be carried so as to enable the purchasers to join the said line of pipes with their present existing water supply), but not in any oase to deviate further from the said line of pipes than twenty-five feet on either side thereof." Then there is another power which is granted with regard to the storage, and also certain further powers of entering, examining, and repairing. Then your lordship will come to a reservation that may be important. "Excepting and reserviug unto the vendor his heirs or assigns, and the tenants and occupiers for the time being of Capeli Farm aforesaid the right and liberty at all times hereafter of taking and using water from the said springs for supplying I s water to the messuage buildings and farm called Capeli aforesaid or any messuage or buildings which may hereafter be built on the sites thereof or any part thereof in as full and ample a manner as heretofore for domestic purposes onlv. And also liberty from time to time with or without workmen, and other to enter upon the said lands for the purposes of the said user and the effectual enjoyment thereof." Then there is the habendum, and a priviso which I think is immaterial. Now my Lord, I will go to the covenants in question. Mr Justice Kekewich-By or with the purchasers ? Mr R. J. Parker-By the purchasers my Lord. It is in these terms. "And further that the purchasers will from time to time if and whenever thereunto required by the vendor supply with a sufficient quantity of water for domestic purposes only the two cottages called North Lodge and the two Henfeddau cottages, all situate on the lands • of the vendor and all houses, cottages, farm and other buildings now existing or hereafter to be erected or placed upon the said lands or any part thereof, within a distance of 150 yards from the line of the said pipes, the vendor or h;s tenants paying unto the purchasers a water rate or rent in respect of such water supply as last aforesaid, to be assessed on the same scale as the rate for the time being, and charged in respect of water supplied to houses and tenements in the town of Lampeter. Provided always that the rateable value of the said two cottages called North Lodge, and the two cottages called Henfeddau Cottages shall not exceed 30s. each cottage for the purpose of such assessment." Mr Justice Kekewich—Now, what is the question ? Mr R. J. Parker—The question, my Lord, is simply this, whether that obligation to supply water involves laying the service pipes from the main all along the line to the cottages in question, or is that to be done by the ven- dor ? Your lordship will realise the position if you look at the plan. Your lordship will see, on the left hand side of the ptan, the proposed reservoir, and there is the collecting area of water for that reservoir. (The learned counsel explained the plan to his Lord- ship.) Now your lordship will understand that the levels of the land vary. North Lodge is about on a level, and the cottages are practically on the same level as the mains, but Henfaddau is on a higher level, and the level of the land within 150 yards of these mains varies all the way through Now my contention is, that the obligation of the Corporation, wherever there is a house within the limit of 150 yards, wbich we require to be supplied with water, is to bring the water to that house or the premises. They maintain, on the other hand. that the covenant simply imposes an ob- ligation upon them to allow us to tap their main for the purpose of carrying their water there ourselves, My submission to your Lordship is that the onus is upon them. I say they have got to do it. If it is necessary in discharge of the obligation to lay service pipes, it is within the obligation of the covenant, and they must do that also. Further, I maintain that it is necessary for them to keep the water at such ores- sure in their mains as to make the service pipes oper- ative when they are laid. Let me take an example. Henfeddau Cottages are considerably above the level of the main, where it passes it, but higher up towards the left the main rises, and you, come to the same level as those cottages, or thereabouts. Now, unless they keep a pressure in the main in order to make the service pipes available it will be necessary to go back to a point in the main which is above the level of the cottages themselves. We could not make the connection direct. Of course, it does not matter to us, if they are under an obligation to lay the service pipes how they bring the water up-whether they make the connection higher up or n )t; but if we are under an obligation to lay the pipes, then they must be under an obligation to keep up the pressure. My Lord, certain affidavits have been filed, but I think my learned friend, Mr Warrington, will agree with me that it is not necessary to go into the evidence which has been filed by engineers as to the general meaning of the word supply." I do not know whether your Lordship would look at it. Mr Justice Kekewich—Unless it is to explain some technical term. On the meaning of a term of art, not being legal art, I am entitled to have evidence, bat as to legal art I am not entitled to any assistance. But otherwise I might have evidence as to what it meant. Mr R J Parker-They do not say when it is used technically, my Lord, but generally when it is spoken of as a supply. Mr Justice Kekewich—That will not do. Mr R J Parker-Then, my Lord, it is said an agent of mine has made connections with the pipes with the assent of the authority and charged me with that. I believe my agent majje a connection in the case of the North Lodge, and cKargfed me with the expense. That has been paid by me, but that cannot be a release of the covenant. Mr Justice Kekewich—No. Mr R J Parker—Then that gets rid of the whole of the evidence, and it is simply a question of construction. Mr Warrington—There is one paragraph in one of the affidavits as to the level of the houses. Some of them are visibly above the source of supply. Mr R J Parker—Not of the existing houses. Mr Warrington—Some of the sites are. Mr R J Parker-Yes part of the land within 150 yarda is above the source of supply. No question arises on that because no houses have been built upon it. Mr Warrington—As regards some of the sites according to the agreement if houses are built on them they will be entitled to a supply from that source. Mr R. J. Parker—Part of the levels are above the reservoir, no doubt, as my friend has said. Now my Lord I want to contrast what is done when it is intended to give the purchaser and his assigns the right to take this water, with what is done when it is intended to put the Corporation under an obligation to supply the water. In the reservation with regard to the land colored green, and the reservoir, there is a reservation to the purchaser and his assigns of the right to take water from the reservoir reserving unto the vendor, his heirs or assigns, and the tenants and occupiers for the time being of Capeli Farm aforesaid, the right and liberty at all times hereafter of taking and using water from the said springs, for supplying water to the messuage, buildings and farm called Capeli." That is perfectly clear. In that case we should have to lay down any service pipes ourselves. That cannot be disputed. In contrast to that, and as part of the consideration which the Corporation is to give us for the extensive rights which we give them to take water, they enter into a specific covenant to supply. My contention is with regard to that, that they are to provide everything that is necessary to supply the water which they covenant to give. I say a house cannot be said to be (applied with water unless the water is delivered at tie house, and as the obligation to give the supply- rests with them, they are responsible not only for providing the water but for bringing it out there. It is really a very short point. Mr Justice Kekewich: A very short point. Mr R J Parker: I am not aware, my Lord, that it is covered by authority, but there is a case in almost exactly the same words where it was, l wui not say held, but assumed, that the obligation lay on the per- son who was under an obligation to supply, that is, the case of Cooke v Chilcot, 3rd Chancery Division, p. 694. The learned counsel cited this caso at length and said The only difference, as your lordship sees, is that there was a recital that ic was intended the water should be conveyed to each of the houses, and the operative part has simply the word" supply." The question was whether specific performance could be granted on that agreement. At page 702 the Vice-Chancellor says This case is one seeking for the performance of works which are required to last a long time, and therefore an injunction expressly ordering the work to be done cannot be granted, that the defendant is subject to the obligation of laying down certain pipes and supplying water to the houses of the plaintiffs, and those pipes he must lay down and that water he must supply, and though I cannot directly make him lay down the pipes, I can and will make an order bv means of which he will be guilty of contempt of court if he does not lay them and pro- vide the supply of water." Mr Justice Kekewich-Whether that is sound now I venture to doubt. Mr R. J. Parker-l do not quote it for that, my Lord, but it is a form of analogy. It rests on this- where a man contracts to supply water to a house, is lie not responsible for bringing it to the house. I submit to yuur Lordship that he is. Mr Warrington—My lord, I appear for the Corpora- tion, and I submit on the true construction of this deed the defendants are not under any liability to bring the water to these premises, On the covenant itself the point I draw attention to is that the only money to be paid for the supply of water is a water rate or rent for such water supply; that is to say, the consumers of the water are to pay for the water it- self, and are not to pay for the service pipes, on the assumption that I am liable to lay them down. There is no provision in this deed for paying to the local authority any rent in respect of pipes they may lay down for the supply. With regard to the point which my friend made on the deed itself, I call your Lord- ship's attention to the fact that the reservation there is not of a right to take water from the main, but it is a reservation of the right to take the water from the spring before it gets to the main. The object of that reservation was to prevent the Local Board or the Corporation from being in a position to say. ou must let us have the whole of the water that comes from the springs on a particular piece of land, and you are not entitled to have any of that water for any purpose, domestic or otherwise, so as to deprive me of the use of it." I say it had nothing to do with the water after it had reached the mains, and therefore it cannot be read in contrast with the covenant, which deals with the water in the mains, and not the water in the springs. The covenant here is merely to supply certain houses with a sufficient quantity of water for domestic purposes, and that is satisfied (although it may mean something more) by allowing these houses to be at liberty to take the water from the main of the Corporation license. If it had not been for that covenant the inhabitants of these houses, being outside the district of the Corporation, who were constructing the main, would have had no right to a supply of water. The true effect of this covenant is to entitle those owners to a supply as if they had been entitled to such supply by being inhabitants of their own district. In that view it is necessary to see what is the position of the inhabitants of the dis- trict itself with regard to supply, and what they are entitled to require* Speaking generally, the posi* tion is this Under the Waterworks Clauses Act, 1847, wherever a supply is wanted and is given, for which nothing. but a water rate is paid, as here then the connection and service pipes are to be at the expense of the person taking the supply, namely, the consumer. Where on the other hand the service pipes are laid by the undertakers, then in addition to the water rate a rent is paid for the service pipes, so that in one way or the other the consumer pays the expense either by a rent or by doing the work himself in making the con- nection. I submit that the plaintiff and the occupiers of these houses are put under the first category, that is to sav, persons who have a supply without paying the rent for the supply pipes. It is under the Water- works Clauses Act 1847, which is incorporated with the Public Health Act of 1875, and itlis under two sections of that act, viz., the 44th and 48th. I may say that Section 35 is the general section as to the upply of water. Section 144 provides for rent where it is obligatory on the undertakers to lay the pipes themselves, and those cases in which the occupier has to lay the pipes. Section 35 is this: "The under- takers shall provide and keep in the pipes to be laid down by them a supply of pure and wholesome water sufficient for the domestic use of all the inhabitants of the town or district within the limits of the special Act, who, as hereafter provided, shall be entitled to demand a supply, and shall be willing to pay water rate for the same." Then it goes on to provide Andi such supply shall be constantly laid on at such a pressure as will make the water reach the top story of the highest houses within the said limits, unless it be provided by the special Act that the water to be supplied by the undertakers need not be constantly laid on under pressure." Mr R. J. Parker-Section.35 is not incorporated with the Public Health Act. Mr Warrington—No. I was reading the Section as to the supply merely as introductory, but it is not incorporated in the Public Health Act. The Sections which are incorporated are Sections 44 and 48. The learned counsel then read these sections, and also cited Section 47, which given liberty to the owner to purchase the pipes. Proceeding, Mr Warrington said; Your Lordship sees that the principle on which that Act is founded, is, as I said just now, the one where either the owner or occupier of the land has to pay for the pipes-if they are under £10 then they pay the rent, unless they purchase them which they may do. If they are over £10, that is to say, in cases not within Section 44, then their only right to get a supply is by the pipes themselves I submit that-is the true meaning of this clause. "That the purchasers will from time to time, if and whenever thereunto reqnired by the vendor supply with a sufficient quantity of water for domestic pnrposes only, the two cottages called North Lodge and the two cottages called Henfeddau Cottages "—that is the way in which these people would have been supplied if they had been in the district and had only been paying a water rate and not a rent for the pipes. If that is not the true construction let me point out what it lands the Corporation in, which shews it could hardly have been contemplated at that time. According to my friend's contention with regard to laying the service pipes, we are bound every time a house is erected within 150 yards of our main to lay a service pipe to that honse. We may therefore have to lay a number according to the number of houses that are built, because it extends to all houses here- after to be built, and we may have to lay any number of service pipes between nothing and 150 yards. But, mv lord, it does not stop there, because I assume for this purpose we can take our service pipes the short- est possible distance between the main and the house. That, however, is not quite so, because having regard to the different levels of the ground without any re- ference to pressure, but gravitation simply, we must in many cases make tbe junction with the main con- siderably nearer the source than the nearest point to the house. Take for example Henfeddau Cottages- they are above the level of the main-not above the source of supply, at their nearest point. To get a service pipe into that house on a level with that house I must run it not from the nearest point of the main, which is below the level, bnt some distance higher up, so as to get it on the same level, so that the result of the different levels is that, if I am bound to make a connection between these several houses, as my friend suggests, I may have to lay any number of service pipes of an uncertain length not limited by 150 yards, to such houses as he may choose to erect. I submit it is not necessary to give to these words such a construction as would bring about such an extraordinary result as that. Then* my lord, there is one other thing. My friend's second point is that we are bound to maintain a certain pressure. There is nothing in the Covenant about pressure at all, but it is simply a covenant to supply with water. There, again, I submit that tells in my favour on this first point, because if it had been the intention that we were to take the water to the cottages, it is obvious that a covenant intended to do that would be incom- plete if nothing was said about pressure. Mr Justice Kekewich—I do not quite follow you. Mr Warrington—If it had been intended that we should take the water by our own service pipes to the houses now and hereafter to be built we should have expected to find provisions as to pressure, because having regard to the levels of these cottages they could not get a supply without some provision as to the pressure some of the sites being above the source of supply. The absence therefore of any provision as to the pressure being maintained by the purchasers in these mains points to the absence of there being any intention at that time that the water should be brought by the purchasers to the houses to be sup- plied. It indicates that the true construction is that which I am submitting namely that they should have a supply to which but for this covenant they would not be entitled because they are not inhabitants of the district. It was intended that in taking the water from Mr Harford's land we should take it through that district and supply the water. I think there is nothing else now to which I can call your Lordship's attention on the deed, but I submit to your Lomship it is unnecessary to do more than interpret the deed as I have submitted, namely, that the occupiers of these houses not heing within the limits to get a supply there is no necessity for putting on the words a meaning which would put the Corporation in a position as regards these inhabitants different from that which they would occupy with regard to inhabit- ants of their own district and force them at a serious expense, probably to lay these service pipes in a manner which it is impossible to forsee, because the houses mav be built on sites, high above the source of supply, and a long way from the surface pipes. Now with regard to Cooke vJChilcott which was cited by my friend, vour Lordship will find it was admitted by the defendant in that case that he was bound by the covenant, that is to say, that he was liable for- an action for damages on the covenant. Not only was it admitted by the defendants, but on the construction of that covenant there was, as I sub- mit, no question as to the meaning of it. To begin with, there was the recital that it was intended to convey the water by proper pipes into each house. Then the covenant was to And and provide a full and ample supply of water as aforesaid, not only for the houses already built, but Jfor all messuages and houses to be built thereafter. If the pipes were out of Jpair, he was "to find and supply spring water of an equal quality from some other source, so that the said several messnagers, tenements, or dwelling houses shall not be kept without such supply of spring water," that is to say, the construction of the covenant was that he was at his own expense to find and pro- vide the supply and keep the pipes in order. If they were at any time out of order, he was to find some means of supply, all showing that the water was to be brought by the covenanter to the houses entitled to the enjoyment of it. Mr Cava--My Lord, I am with my learned friend Mr Warrington, and I should like to add one observa- tion on the deed itself, and that is this—In that part of the deed where power is given to lay the main, there is an express power put in for the Corporation for that purpose, only to enter upon and open the ground, and then there are covenants by the Corpora- tion after laying the main to fill in the cavity again, and remove all the earth. It is very odd if that is so with regard to the main that the same provision should not have been made with regard to the com- munication pipes if the Corporation were to lay them. —Your Lordship will see it is elaborately cone—there -Your Lordship will see it is elaborately cone-there is power to go on the land and also power for the pur- pose of conveying the water from the site of the reservoir to the town to lay a main or pipe or pipes, but not in any case to deviate further from the said line of pipes than twenty-five feet on either side thereof."—Then there is this provision also, "and also for the purposes aforesaid, and for the purpose subject as hereinafter provided of doing all work reasonably necessary for the protection of the water issuing or coming from the said water shed from contamination, and for the purpose of examining and repairing the said engines, machinery, and reservoir, or relaying any pipes, mains, or other works which may be laid down or constructed by the purchasers through, upon, or under the said lands or grounds, or of laying down constructing or substituting any new or other pipes, mains, engines, machinery or works in lieu of any previously laid down, constructed or made full power for the purchasers, their agent or workmen to enter upon the said lands for the said purpose within the limits aforesaid." Then there is a provision that the purchasers-" in the exercise ef the powers aforesaid, shall do as little damage as may be to the land of the vendor, or to the timber trees, underwood or crops thoreon, and shall make good to the satisfaction of the vendor any damage that may arise to the surface of the said lands by reasonof carrying out the works aforesaid." Then, my Lord, there is a provision for mak- ing compensation for any damage done. Then, later, there is a covenant that the purchasers, "after making any excavation, or executing any of the works hereinbefore authorised, will, at their own expense, as soon as conveniently may be restore the surface of the ground to the same state as it was in before such excavation," and so on. Then there is a limit of time. Then, my Lord, with regard to the mains there is a provision empowering us to enter on the ground to lay the mains and compelling us to restore and make good the excavations. Now it is suggested we are to enter upon the same lands and lay, it may be, many of these service pipes, and yet there is no provision compelling us to take any care in opening the ground, or to restore it afterwards. That 11 is to be got only out of the phrase with regard to supplying a water to these houses. I submit, if the undertakers were to undertake these heavy obligations, there ought to be a covenant to connect the main with the houses, and keep up the pressure. Then there is this also to be said—this is outside our district, and therefore we have no power of the statute to break up the surface of the road for the purpose of making the connection. Is it reasonable to construe the deed as compelling us to do what we have no power to do ner any right to do ? Mr Justice Kekewich—That may be awkward for you. Mr Cave—But surely, my Lord, it bears on the construction of the deed P The vendor is seeking to put on the Corporation an indennite liability. They might put a terrace of houses along this site and say The Corporation must lay the service pipes to each house and only get payment for the water supplied, and not anything for the expense of laying the pipes," your Lordship remembers that part of the site is not only above the mains, but above the source of supply so that no amount of connection can possibly raise the water from the source of supply to those houses. We should have to put up pumping machinery and pump the water into these houses, and yet it is submitted that that obligation is laid upon us by the single expression that we are to supply water to the houses. On the point of pressure even in the borough itself the Corporation are not bound to raise the water into the houses. The j Public Health Act is permissive simply. It is that they may put such pressure to raise the water to the highest storey of the house. It is clear on the Statute that even in the borough we are not bound to furnish sufficient pressure to raise water into the houses, and yet it is suggested that outside we must not only put pressure on, but, if necessary, pump water to some houses above the source of supply itself. I submit to your lordship that the reasonable construction of this short covenant is that the vendor, as regards all his land on both sides of the main to the distance of 150 yards, is in the same position as a water consumer in our own town, and not in a position a hundred times better. The effect of that would be that he must make the connections himself, and where simply a small cottage is concerned of under L10 a year, we are bound to make the connections, but he must either buy them or pay a rent. J JUDGMENT. Mr Justice Kekewich, in giving judgmeut. said —Without saying that there is not ample room for argument and for difference of opinion in this case. I confess to my mind the construction ef this deed as a deed is reasonably plain. The deed is one ot this character. The gentleman described as vendor grants certain rights to the defendants acting as the water authority for Lampeter to enable them to convey water from certain reservoirs through his lands by a pipe in order to supply the town of Lampeter. For that purpose certain powers are conferred on them and certain privileges and then he having land on the way stipulates that as regards the North Lodge, and the two cottages, and any other houses which be may erect, there shall be a supply of water. The question arises on the cov- enant for that supply. It seems to me construing it simply, as I have got it, and not going more than I can help into probabilities and possibilities, the words are reasonably plain. This is the covenant by the water authority called the purchasers "And further that the purchasers shall, from time to time, if, and when thereunto required by the ven- dor, supply with a sufficient quantity of water for domestic purposes only these cottages and out- buildings." The argument is. the purchasers are not to supply the cottages, but that they are to supply water at some point from which the vendor may take it to the cottages by means of pipes or connections which are to be con- structed by them. That seems to me to contradict the deed. I do not think I need go into the meaning of the word supply etymologically, or otherwise. It seems to me in this connection it means to bring water to the cottages—not bring water to some point from which the cottages may be sup- plied, but to supply water to the cottages. To my mind there cannot be any reasonable doubt that means that the purchasers themselves are to bring it there. Then it is said that yon find indications in this deed that that cannot be the construction which also is argued to be unreasonable and I will take them in detail. In the first place it is said that the vendor and his tenants are only to pay for this supply a water-rate, or rent in respect of such water supply to be assessed on the same scale as the rate for the time being charged in respect of water supply to hosses and to tenements in the town of Lampeter. It is said that the Waterworks Clauses Act which governs this water authority provides for the payment of a water rate and also provides for the payment to those within the dis- trict who wish to be supplied the payment of something else—either the cost of making the con- nection or a rent to recoup the water authority the cost they have incurred in making the connection and that this is intended to put these cottages, or the vendor in respect of them, on the same level as those who paid water rate only, that is to say, those therefore who must make the connections themselves. It seems to me to be a very large importation of the meaning of the Waterworks Clauses Act into this covenentand it is at any rate capable of another view. Here is a vendor making his bargain with the water authority, and it is quite competent for him to say 11 You shall supply these cottages and you shall supply them for a water rate only I am perfectly aware that if I were in the town getting the supply I should have to pay some- thing else, but between you and me for this pur- pose I stipulate for the payment of a water rate only." It seems to me to be quite reasonable and to my mind much more reasonable than saying that because the water rate is mentioned therefore the provisions of the Waterworks Clauses Act come in and you are to imply that the connection is to be made by the occupier or vendor. I think one could dilate upon that without much difficulty, and one or two other remarks occur to me, but I refrain from mentioning them. Then it is said, and this, of course, is what has given rise to a good deal of trouble, that there is nothing about pressure and some of these cottages are, and some may be, not only above the pipe in the immediate vicinity, but above the level of the reservoir, the water bead, and, therefore, some pressure will have to be applied. It cannot be," says the water authority, that we are bound to do that, and there is nothing said about it." On the other side, it would be replied by Mr Parker-al- though I did not hear him in reply—" It was quite unnecessary to say anything about it, and you must supply in any way you think fit. It is quite im- material to me whether you get the pressure at one point or another, what you have to do is to supply my cottages and that you will do, and you are not" (as I said on that part of it) to provide a supply of water which, by some means which I am to pro- vide, will be made useful for the cottages, but the water itself is to be supplied by you." Then I must not forget Mr Cave's argument, Mr Cave says there are elaborate provisions in the earlier part of the deed as to digging up the soil and restoring it doing as little damage as possible and no further. Of course one would expect to And them in a deed of this kind, and there they are, the defendants saying there is nothing of that kind in this deed; but here again it seems to me perfectly straightforward and simple. The pur- chaser, the water authority, is not to supply the water until it is required to do so. When it is re- quired to do so, it|must have all facilities for taking up and making all connections in every possible way, and if that facility is not given, the supply cannot follow. That necessity is implied in the covenant. It would be absurd for the vendor to say I- I call upon you to mako the supply and pro- vide it, which I know you can only do by connect- ing the pipe running through my land," and at the same time say, You shall not break up my land, for the purpose of laying the pipe." I confess I think that argument recoils. Then the final argu- ment is one of a different kind. It is said, "If we are cal'ed upon to do this and lay down pipes for some distance and break up the roads we shall probably come across some public rights which we are not entitled to interfere with; it is outside our district, and we may not be abe'to perform our covenant. The answer to that is, Wait until an action is brought on the covenant, and then we shall see whether it is an impossibility or not." Mr R. J. Parker-Then probably the declaration I yk for in the summons is correct. Mr Justice Kekewich—Yes, I think so. Mr R. J. Parker—The declaration will be that according to the true construction of the deed in order to fulfil their obligation under the covenant the defendants are bound at their own expense to construct and maintain such connection and service pipes between the said line of pipes or other mains of the defendants and the said cot- tages called Henfeddau Cottages and other houses, cottages, and buildings as aforesaid, and at all times to keep such pressure of water in the said line of pipes or other mains." I shall have no objection to omitting those words. Mr Justice Kekewich-I think you had better. Mr R. J. Parker—Then it goes on "as may be necessary to afford to the said cottages called Hen- feddau and the other houses, cottages, and buildings aforesaid, a supply of water sufficient for domestic purposes delivered at and upon the said spective premises to be supplied." Mr Justice Kekewicb-Yes, leave out pressure. It is incidental. It does follow no deubt, but I cannot declare that. Mr Warrington—You leave out; beginning where? Mr Justice Kekewich—Leave out And at all times to keep such pressure of water in the said line of pipes or other mains as may be necessary to afford." But you will have to take it up some- where. Mr Warrington-Then the declaration will stop at the words buildings as aforesaid." Mr Justice Kekewich-No. Mr Parker wishes to go on. Mr R. J. Parker—It will read such pipes as may be necessary to afford," leaving out the words from and at all times down to other mains." Mr Justice Kekewich-Yes, but you must have the words at the end. Mr Warrington-Yes, my Lord- to keep and maintain such pipes as may be necessary. Mr Justice Kekewich- As may be necessary to afford to the cottages a supply of water. Mr R. J. Parker—Then, my Lord, there being no fund in this case, I think toe usual course is that the respondents pay the costs. Mr Justice Kekewich-I think so.
LLANGEITHO. ANNUAL HORSE SHOW. The second annuaYhorse show and trotting match was held on Thursday, February 13th, on a field adjoining Pantybeudy Hall. Snow fell heavily on the ground during the week, and it was feared the event would have to be postponed, but "old Sol" played his part well in the morning, and little snow remained when the trotting commenced. There was a large attendance, and the show was a brilliant success. The entries were good, especially for light carters, which were of good quality. The officials were :-President, Mr J. Jenkins, Blaen- plwyf; vice-presidents, Messrs Vaughan Davies, M.P., J. C. Harford, T. H. R. Hughes R. S. Row- lands, T. Davies, Pantybeudy Hall, D. D. Williams, U.C.W., J. Davies, Feather's Hotel, and Evan Jones, Bwlcb. The judges were:—Horses, Messrs R. Evans, Brynog; J. Parry, Glanpaith; B. J. Evans, Llanfairfach; and Woodcock Owen, Aber- ystwyth. Dogs, Mr William Lloyd, Llundainfach. Bulls, Mr T. H. R. Hughes, Neuaddfawr. Racing, Messrs Fossett Roberts, Aberystwyth, and Wm. Jones, Ochor. Starters. Messrs E. Hughes Davies, Aberayron, and R. S. Rowlands, Garth. The duties of secretary were ably carried out by Messrs D. T. Davies, Pantybeudy Hall, and J. W. Davies, Bryncethin, whilst Mr Evan Davies, acted as treasurer. The following is a list of events and of the successful competitors. HORSES. I Best show in harness—1, Thomas Davies, Panty- beudy Hall, Swell"; 2, B. Davies, Llwyngwynau; 3, E. Jones, Bwlch. Cob under fourteen hands, shown in hand-I, Thomas Davies, Pantybeudy Hall, "Syndicate;" 2, D. Lewis, Rhiwlas 3, Thomas Davies, Derlwyn- fach. Cob over fourteen hands, shown in hand 1, A. Owen, Tynddreinen; 2, Charles Davies, Penlan, Gwnnws; 3, O. Humphreys, Cwmcoy. Colt or filly, under three years old, shown in hand—1, D. Morgan, Navy Hall; 2, D. Morgan, Parkyrydderch 3, Wm. Morgan, Tanfalier. Cob under fourteen hands, under saddle—1, D. Morgan, Parkyrydderch 2, O. Humphreys, Cwm- coy 3, D. Davies, Wenallt, 11 Black." Cob over 14 hands under saddle—1, A Owens, Tynddreinen 2, J Owens, Taihirion 3, D Morgan, Navy Hall, and 0 Humphreys, Cwmcoy, equal. Light carter of any age—1, Wm Jones. Penllwyn; 2, D Morgans, Parkyrydderch, New Fashion," 3, J Jones, Cilpyll. Light carter under three years old; 1, D Morgan, Parkyrhydderch, New Fashion 2, H Williams, Derigaron; 3, John Davies, Cefncoed and Peter Davies, Birch Hill, equal. Mountain pony under 12* hands; 1, Peter Davies, Caerllugest 2, J Jones, Garnlwyd. TROTTING. Open handicap, 2 miles—1, Evans, Lluest, Cribin Flyer 2, Wm Rees, Penlone, My Boy 3, J Davies, Penlannoeth. Farmers handicap, li miles -1, Rowlands, Cross Inn; 2, D Lewis, Rhiwlas; 3, J Davies, Derry Lodge. Colts or Fillies under 3 years old, and ponies under 131 hands; 1, J Jones, Lluest.ygors; 2, S Davies, Coedpark 3, Rowlands, Cross Inn. Open flat race-1, J Jenkins, Blaenplwyf, Nance o'r Glyn 2, R S Rowlands, The Garth, "Clipper," 3, J Jenkins, Blaenplwyf, Tom Thumb." MISCELLANEOUS. Shorthorn Bull under 12 months old-I, Thomas Davies, Pantybendy Hall, Delarey"; 2, D Davies, Wenallt.1 Sporting dog—1, D Thomas, Frondeg, Penuwch; 2, D T Davies, Pantybeudy Hall, Rhondda Don 3, R S Rowlands, The Garth. Guessing weight cf a pig—1, J Davies, Gilfach- gwyddil. Guess measurement of a field—1, Evan Evans, bootmaker.