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MILFORDT

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MILFORDT STAHBUCK V. THE MILFORD RAILWAY COMPANY.— In th.e Court of Queen's Bench, on the 5th inst., before the Lord Chief Justice, Mr Justice Blackburn, and Mr Justice Mejlor.—In this case the company gave notice, under their Act and the lands Clauses Act, to take 51 acres of the claimant's land belonging to a brewery of his within 20ft uf which their line would go. In 1858 they took possession and finished their line. He claimed jE4,362 as compensation, of which £4,000 was for damage to the brewery. The parties not having come to any agreement, the claimant, on the 16th June last, gave notice under section 68 of the Lands Clauses Act to the company, requiring them to issue their warrant to the sheriff to summon a jury to assess compensation. That notice expired on the 8th of July, and an action was brought on the 16th, which was pending, when Mr Justice Keating at Chambers made an order to stay the proceedings in the action on condition of payment of £ 362, and of the compan}7 issuing their warrant to the sheriff to summon a jury to assess the damages on the claim of £ 4,COO for injury to the brewery. Mr Archibald moved to set aside this order, as made without authority. The company had let the time go by for a compensation proceeding, and the claimant had a right to pursue his action.— Rule nisi.

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