The Express.
London, England, 1863-11-11 00:00:00

COURT OF QUEEN'S BENCH.

Sittings in B!peo.—(Bks• Lail Filhid Irtii• Osokbars,

iad Justices Wightmao, Blackburn, sad Make.)

• •
This was crown•paper day.
THZ LONDON AND NORTH WESTERN RAILWAY COMPANY (AN.
rattatrre) r. THE OVERSEERS, &C., or casirocc (ag.
SPONDENTS).
This was a question of rating. The appellants are the
lesser in perpetuity of the Cannock Mineral Rail.
way Company, running between the Trent Valley and
the South Staffordshire Railway Compeller, and acting
as a feeder to the London and North Western itaihray
Company. The portion of the line in Cannock pariah
was 21 miles long and was equal to 35 scree of land. The
parish had rated it at 3254 12a. The gross receipts were
143/. 6.. 9d. per mile, or 3584 6.. 10d. far the 21
The sapiens of working, indepenleet of the rent of station.,
ho., amounted to 3221. 18e. ed. per mile. making for the
whole length of Rue within the parish, 8071. ss. 10d. That
part, therefore, was worked at a lose.
Mr. Bovill, Q.C., and Mr. Staveley Hill were counsel foe
the appellants ; Mr. Mellish, Q.C., and Mr. Davis, for the
rernoridente.
The respondents contended that the appellints ought to
be rated according to the rent paid after 'Movie); certain
deductions, though the company had taken the hoe at an
exorbitant not to prevent opposition. The appellants con.
tended that the line in question mast be taken se an in.
beg& Fart of their railway, and the rating ou the principle
of the value of • fair rent in the particular parish, sad the
preportioasba earning of the 2i miles es a feeder to the maim
line. By itself it was not worked at a profit, nor was it a
profit to the London and North Western Railway Core.
patty. Another point yes urged oe behalf of the appellants,
viz., that if they wore to be rated for profits for traffic
brought by the portion of line in quertion to the main hoe,
bow mush were they entitled to deduct for traffic brought
by their line on to the Cannock line. The great difficulty
wee how to aecertain the value.

Yr. Jostles DisTeltbaTiesidhe thought it would be much
cheaper for the railways and parishes if official valuers were
appointed to assess the proportions to be armed by sack
pariah.
Lord Chief Justice Cockburn said all the difficulties in
these oases had arisen from the adoption of the parochial
system al rating, viz., the earnings in the respective
whims.
Mr. Bovill said thersrioata rating by mileage which was adopted
till 1856 was the most aim e. The appellants were will-
ing to consent to • value of 4N. per acres, arable
lead.

The Court ultimately referred the cue book to the &Mi.
Muter to ammo it at a fair yearly rent.
COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary. )

POLLOCK T. POLLOCK, DZANT., AND NC ■AMARA, THZ QUlree

Dr. Sphaha, for tie"-.—Proctor, moved that this
petition be dismi.sed. The case had already been trued,
and a decree alit obtained; bat the Queen's Proctor had
intervened on the ground of mansion and 000 donation.
The Judge Ordinary directed that the case should be
placed up= the new cause list which m to formed, a list
namely of cases which stand over sins die. The applica-
tion to dismiss must be made in the regular coarse on
motion day.