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COLLIERY ROYALTIES.| ♦

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COLLIERY ROYALTIES. ♦ LORD GLANTAWE MAKES AN APPEAL. The Court of Appeal had before them on Tuesday the case of Llewelyn v. Glantawe, on tho appeal of the defendant, Lord Glan- tawe, against an order of Mr. Justice Bucknill in chambers. The plaintiff in the action is Sir John lalbot Dillwyn Llewelyn, Bart., of The Grange, near Swansea, and the defendant John Jones Jenkins, Baron Glantawe, of Swansea. The plaintiff's claim is for the sum of £3,699 14s. 6d„ being additional royalty at 3d. per ton due from defendant fo the plain- tiff on September 29, 1903, on 295,979 tons E wt of coal. This. as the plaintiff alleged. was the excess quantity of coal worked from September 29, 1901, to September 29, 1908, from or through, the Tirdonkin Collieries in the southern area over that worked in the nor- thern area of the seams of coals and other minerals comprised in and demised by an indenture of lease dated February 20, 1297, oj: which lea.se the defendant is the assignee. Plaintiff alleges that the additional royalty of 5d. is payable under a covenant con- tained in that lease. Mr. B/'jfus Isaacs, K.C., who, with Mr. Bremn-er, appeared for the appellant, said that the appeal was by Lord Glantawe against an order of Mr. Justice Bucknill, whereby he reversed an order of the Master an4 refused to refer the dispute to arbitra- tion in pursuance of the terms of an arb it ra- tio* clause contained in the lease. The action was brought upon the terms of the covenant in the lease providing that the additional royalty of 3d. should be first pay- able on September 29, 19G5, but this period was extended to September 29, 1908, by the ,t,ermis of the settlement in another action. The action was therefore brought upon the terms of the covenant, and also upon, the terms of the settlement in the other action. The defendant alleged that, the time for payment of the royalty was further extended on certain terms to September, 1910. One of the points in the action was whether the .plaintiff was entitled to recover the money claimed as additional mining royalties againet the defendant under the covenant in "the lease, and the ^question which arose upon that substantially was whether under the construction of the lease the additional royalties became payable. The contention of the defendant was that in the particular circumstances of the case the additional royalties, which were sometimes called penal royalties, were not recoverable. The payment of royalties was provided for in a very long lease. They were 3d. per ton in respect of coal gotten from the southern sec- tion of the colliery, and M. per ton in respect 0" coal taken from the northern area. The lease imposed upon the lessee an obligation to work both the northern and southern see- tions simultaneously, and in equal propor- tions so far as the areas wouid admit, and it was further provided that if he committed a breach of the obligation then he was to pay an additional 3d. in respect of the addi- tional coal worked from the southern section in excess of that worked from the northern area, From one of two clauses it might be thought he had worked erroneously, or it might be that there was not sufficient coal on the northern side. Air. Isaacs said that that was sq. Continuing, counsel said that there was a clause providing that any question arising between the parties under the lease should be referred to arbitration, and his submission was that the present dispute was one which came within that clause, and ought, there- fore, to be referred to arbitration. The re~l question was, what waa t.he true meaning iA the covenant. Lord Justice Buckley said there was another question, namely, as to whether certain works conditional upon the time for the payment of additional royalties being extended had been carried out. Was that a dispute under the agreement to which the arbitration clause applied? Mr. Isaacs submitted that in substance the Ration was brought under the mining and, therefore, was a dispute which ought to be referred. Mr. Simon, K.C. (for the plaintiffs), remarked that the time was extended to give the defendant an opportunity to remedy the inequality by means of new drivages. The question was, had those drivages been carried out. Mr. Isaacs submitted that there was nothing in the terms of settlement which altered the terms of the lease so far as the arbitra- tion clause was concerned. The plaintiff was trying to evoke the jurisdiction of the court in matters which he agreed should te referred to arbitration. Mr. Bremner followed on the same side, contending that the case was one which came within the arbitration clause. Without calling upon counsel for the respondent, Lord Justice Vaughan Williams, giving judgment, said that the appeal mast fail.

BARGOED THEFT CHARGE.

INNKEEPER'S L6ST GOLD.

INDIGESTION.

MOTOR-CAR SMASH. 0

"TRAPPING THE UNWARY."

AN ACTRESS'S SUICIDE.

.HANGING IN HAYLOFT.I -----j

IPAGEANT FINANCE.

IOLD CAHDIFFJAN DEAD.

COTTAGE HOSPITAL FOR MAESTEG.

PUSHED THE WALL DOWN

IDEMOCRACY OF WALES. +

CARDIFF.

Advertising

COLOFN Y CYMRY. 4I

. "JUST A QUESTION OF .TIME."

UNEQUAL SALARIES.

NEW THEATRE, CARDIFF.

7-NEW PITS AT LLANTWIT FARDRE.

NEW COLLIERY. -+-I

THE EXPEDITION TO THE SOUTH…

TWO WOMEN ARRESTED.

GRAPHOPHONE DISCS.

[No title]

ARHOLIADAU GORSEDD Y BEIRDD.

SEQUEL TO MOTOR FATALITY

INCREDIBLE NEGLECT OF CHILDREN.