MR. T.LBY AND THE FINANCIAL SIDE OF THE QUESTION. Aii enthusiastic meeting of ratepayers and property own&rn was held at the Town HaJJ, Rhyl, on Tuesday evening for the purnose of considering the scheme brought forward by tfuoe Urban Council for tihe erection of a pavilion on the foreshore and the laying out of acres of iarvd as public marine gardens. Every avaiIabie seat in the hall was filled, and the corridors and gallery wore crowded to excess- The chair wap taken by Mr T. D. Jones, and there were also on the platform: Councillors A. Lewis Jones, H. A. Tilby. J. H. Ellis, Ed- mund Hughes. A. L. Clews, J. W. Jones. J. Asher, I. Batiho, Hew. B. Evans, G. A. Taverner. A. Rhydwen Jones. T. Whitley, D. Owen, F. Waiiis. the Town Clerk, Town Sur- veyor, Electrical Engineer, Gas Engineer, Sanitary inspector, the Vicar. Meaars D. Tro- bearrae, F- J. Gamlin, R. Bromley, f Mostya Wiiiiams, A. Saottiold. D. Evans, and others-
t, ROGRY.SS OF THE MUvEuVlENT- Alter reading the notice convening tine meet- ing, tOO Town Cterk made the following lItate-ment -E VOl" since the burning of tiie Pter Pavilion on Saturday, the 14tti of Sep- tember. 1901 (over six years ago) the question of providing a new pavilion has engaged the Attention oi the Council. B rom time to time and up to a very recent date they have dis- missed the question of buying the pier so as to build a pavilion or. it themselves. but the price has aiwavp boetn considered, unreasonable, anl in fact, altogether prohibitive, especially bo after taking into aocount the vory heavy outlay necessary to put the pier in a "roper condition, having regard to its safety and uti- lity Consequently the Couiicil dropped the idea of purchase, and pursued the policy of urging the proprietor to carry out his promised pctaeme of improving the pior. with a pavilion that would far eclipse the first one. And, assuredly, they did pursue that policy with un- tiring persistence- A definite promise was made that the pavilion, (if nothing more) would be. ready for the first of May, 1906. That pro- mise. like many of its predecessors, failed, and still the pier is Wt without a pavilion. True the proprietor whoa he saw that the Council were not pretending, but were in real earnest 110 have a pavilion offered to meet them in a more pliable mood, as recently a* the 8bh of hat month, with a. suggestion for the Council to build their pavilion on the Dier- That was at a time when the Council were in fuJJ. mo- tion for their own scheme, but it was then too late- The Council ba-d put their hands on tne plough, and they were not going to Look back. to loose any more precious time on the mere chance of coming to an agreement with Mr Warhuret. Finding that there was no reliable guarantee for a pavilion for next year, the Council's patience became worn out and they ieeolyed to put themselves at all events in a position to buikl a pavilion of their own. on their own ground, for next season. Then the question of the removal of &and-drift had been causing the Council much trouble and soriou6 expense, to the extent of many hundreds of pounds annually- A COMBINED SCHEME. In September last Councillor Ellis carried a motion for the consideration of a combined eahame. including a pavilion on the west sea- front, and1 the extension of the parades east aaid west—the pavilion maimv, of course, to *ip.pdy a very serious want, and both together, with tihe view of arresting the sand-drift, and Go eave, or at any rato roduoo very materially the heavy expenditure incurred every year in its removal. In the next place the town sur- Teyor prepared rough plans, sketching out Mr Ellis' proposals. We had heard of a similar scheme having been carried out at Great Yar- mouth, wfhere akso they had suffered no end of trouble with the sand-drift- The Council ap- pointor a deputation to visit Great Yarmouth, ■where they say the sandy foreshore had been transformed into a Paradise by sea-walls, shel- ters and pavilions, and the iaying out of the ground into gardens, with vory satisfactory re- sults. When the deputation returned they were unanimouady of opinion that similar works would be of great advantage to Rhyl- And the Coiancal adopted their recommendation to proceed as a first instalment of the scheme with tihe laying out of part of the west foreswore (about four acres), aiidi the erection of a pavilion to accommodate about 2000 ^eopie. and for giving hagh-class entertainments, such as would raise the status of Rhyl in that respect to a level at least of any of its rivals in any part of the kingdom- And they estimate the cost at between £8000 and 29000 for the pavilion, and about F,4,500 for the grounds- Following that, r- the Council invited six architects to Submit pfens of a. pavilion. In the end they selected the plans of Messrs Smith and Maxwell, tho architects, who designed the old pavilion. At ► » the same time ilid Council, before deciding to go any further, re.3DI-%ed to lav their isdheme t Before a public meeting, for -the approval of the ratepayers and own-or-; of property inter- ested :n the welfare of Rhyl. That accounts for this meeting. Grave doubts occupied our minds ail to whether we had sufficient powers to bor- • kow money for the pavilion, and as to whether we wx>uld be allowed to put the pavilion in the (Situation proposed. We had to consult the Office of Woods and Forests, who sold us tiie land. and with the Local Government Board, whoso consent we. must ibave to borrow the money. DOUBTTS DISPELLED. TUie local Act of 1901. provides that a pavilion yaay be erected in any reoreation ground, but it does not provide borrowing powers for it- The local Act of 1892. gives power to erect on the parades or foreshore conaervatoirieB. shelters, bandstands, reading roonas, and other places, but it has been hoW by the Local Government Board that the "other places do not include a pavilion, but they were good emough to offer to promote a Provisional Order to amend the Acts to meet our requireanenis. That meant a delay which would' have made it impossible to have the pavilion ready for next summer- Then it occurred to ue to fall back upon the 'Act of 1872 which enables the Council to erect on any land belonging to the assembly Ecorns for the purposes of public and other meetings a.nd entertainments- And the Act of 1892 giveB borrowing powers for the object- By going from one special Act to another and by substituting the name of assembly rooms for a pavilion. we are clean out ot the dilemma- Just like calling a nose by any other name1, it is still a rose and just as sweet (laughter)- At tOO present time those who a.re on the side of the Council will be glad to know that ali tbepe doubts have vanished. On conditions with which tihe Council can easily cwnply, if they so desire, th Local Government Board 3ay to their pro- posals "Aye"—the Office of Woods and' Forests ateo say "Aye"—and if you will say "Aye" as with one "voice," the Council will go on with the so heme with all tiheir might, but if you say "No" emphatically, with a strong majority, they will in all probability daioip it sine die- The Ohairmaai said he was pleased to see such a large meeting, whioh showed bbe great interest the ratepayers took in the ques- tion. They were, he was sure, unanimous in the opinion that sexmetihing more was wanted for Rhyl than they at present had. They had many natural advantages, pure air, clear brac- ing atmosphere, but they lacked in places of entertainment. They had to do aometJhing if tfoey wished to maintain their position as one of the chef watering places on tfue coast- The Council had given the scheme every oonsideira- tion, and' it had to be remembered that the members of that body were heavy ratepayers, and that their interests were those of the town. Persolially, he advocated the layinig out of the gardens, and felt that they were nUli and par- cel of the scheme- He believed that the gar- dene would be an ornament to the town (bear, bea.r. and "No, no").
THE SURVEYOR EXPLAINS THE PLANS. The Surveyor then explained the plans by means of lantern slides, and when the pic- ture of the pavilion was Shown one of the aud- ience shouted "That will dio. gr&rkd." Mr Goodail statekt that the gardens would be situated between the roadway on the beach opposite Edwa-rd Henry-street. The toW longth would be 690 feet. and the width 170 feet at the eastern boundary and 200 feet at the west- ern. At the western end tlhe sea, at higih tide would' almost touah the proposed wall, but at the oast end it would be 140 feet distant- There would be a new promenade 20 foot wide, ex- tending on the three sides of the enclosure, or gardens. The front levej of the promeoxade woudd be an average of six foot above the level ef the beach. Shelters would be erected an the western and northern sictes of tiho gardens, and' would1 serve to give additional seating aocom- inodation, as shelters in wet weather, as a boundary fence for the gardens, a.nd also to fceep back the sand-drift. On either aide of the pavilion there would be balusters forming a terrace, with oentrail steps leading down to the grounds- The gardens on either side of the pavilion would be Laid otri; as grassnlots with ornamental flower beds. In the centre of the gardens on the east sidb of the pavilion there :would be baodsUod* aod a space sufficiently largo to aoooummodate 2000 people- At the eat/tern boundary was *a terraoe with tea rooms, stores, £ nd lavatories- Seats would also bo provided along the patlis. Mr Goodail after- wards described the pavilion, arid tiho exhibi- tion O- too slides was rooaived' with lou-a ap- plause- THE POSSIBILITIES OF THE SCHEME. VIEWS OF ITS ORIGINATOR. Mr J. H. Ellis, who was greeted with loud applause, aft-ar expressing his pleasure at the crowded state of the hall, leaid. tnoy had assem- bled to consider a scheme which was more teruial^ in its possibilities and more attractive in its features than any other scheme submitted to the ratepayers. He was very pleased in-cieed to hear the loud applause which greeted the picturo of the proposed pavilion, and was glad that they at least approved of it ac, a building. He felt sure that there was no one in Rhyl who would, deny that they needed a building of that oharacter. Rhyi had its natural adva.nta.geB, but something more was wan", and lodging-house keepers would be able to tell them ttiat visitors were constantly complaining of the scarcity of amusements in the town. That feeling wut accentuated by the great oonfla-gration a fClw days ago, which resulted in the destruction of the Palace. Now, there was nothing at all, ex- cept the Arapitheatre, and ho thought they would all agree that that was hardly attractive arid sufficient to provide amusement for the Ix visitors who extended their patronage to Rhyl. He thought a building like the proposed pavi- lion was nOOef36a,.ry if they required high-class music, and if the scheme, wore approved, the Council would provide first-class music, that would be a. powerful factor in attracting visi- tors. Llandudno and' Colwyn Bay were provid- ing high-oiats music, and found that they at- tracted » better clase of visitors in so doing. If they in Rhyl persevered with the scheme, he did not see why, in the first two or three years, the undertaking should not be a paying one. The prohalbility was that it might increase the rates, but he did not think they would object to paying an increase for more ousbo-m and more visitors. Some people were afrtli that they would have to pay 5d to 6d more, but assuming that it was 6d in the £ simple mental arith- metic would tell thorn that a man rated at B50 would have to pay 15& more per annum. Was that such a great amount, especially if he ob- tained two <ir three families of visitors more than ha had ? Would, he not -be able to pay that increased amount without suffering pecuniary lOEéi? That should appeal to t-hem all. They all knew that the sand-drift was an ex- pensive matter to deal with. Last year be- tween five and six hundred pounds ware ppent in removing sand from the Promenade and road- ways. That represented a rate of 3d in the E. They did not complain because they paid that amount for removing the ftind nuisance. They took it in a. very iphilosophioal way, but they would be much more pleased to pay for buildings, such as had been described to them, as they would then not only get something for it, but would also provide attractions to get an in- inoreased number of visitors in Rhyl. He want- ed them to realise that. They must oom.monoo on the westward side, because the prevailing wind was from the west, and they must oom- meince from west to east. MARINE GARDEN ESSENTIAL. In his opinion, they must have gardc-ris at- tached to the proposed pavilion. Some had said! that the scheme would destroy the playground for the children by curtailing the sands, but only 300 yards in length was going to be utilised. That would not be any serious obstacle for there would- <be plenty of sand left for the children who patronised Rhyl. With regard to the proposal before them the previous roght, that they should acquire the pier, it would oast anything from £12,500 up- warcU to acquire it, and a similar amount to strengthen it, and put it in!o proper repair, mak- ing £ 25,000, and to that they could add £8000 for a pavilion, which would be E33,000 in all; an absolutely prohibitive scheme. Another thing they could not possibly go to the Local Government Board to borrow money for that purpose. But, supposing an inquiry were held; it would be aøkedo how old the pier was? Forty- four yeans would be the reply. Nutwally, the Inspector would then &ay that it had seem its best days, and that they could not possibly grant a loan for a long period, and probably they would grant them none at all. Personally he did not approve of the scheme, either on the soore of attractiveness or utility. The Council's scheme was devised to attract visitors to the town. The scheme, too, would provide work for the unemployed—(applause)—of whom, he was sorry to say, there were a large number in Rhyl at that time, and he thought the Council was obliged to provide work for these men (loud applause). Judged from every point of view, there was nothing desired more by the town than the pavilion and gardens. He hoped they would treat this matter seriously, for it affected their future welfaro in the very gravest d'egree. If they rejected that sohemo. the pro- spects of Rhyl would be anything but rosy; but if they approved of it, he thought that the future of Rhyl would be brigihtor and that the pockets otf the ratepayers would be fuller than they wore at that moment (applause). MR FRIMSTON'S ADVICE. The CSwwrman then called upon the Clerk to read a letter from Mr F rims ton, whom he re- gretted to state was not able to attend the meet- ing through indisposition. The letter stated that the writer very much regretted that he wae not able to attend to support the Council's scheme for a pavilion. Ho sinoorely hoped that the ratepayers would unanimously support the Coun- cil. Then was their opportunity. They had left the matter too long in the hands of private enterprise, and unless the town was prepared to provide first-class music, both vocal and intru- mental, it must not expect to take its plaoe in the ranks of first-class watering-places (applause). They had had enough of German bands (laugiu bar). As an old resident and ratepayer, of thirty-five years' standing, and as one who had worked hard for twenty-five years on the Coun- cil—(applause),—he naturally took a great inte- rest in that scheme. He believod that they would vote for the Council's scheme, and when they had a fine pavilion and a first-claas band, they would be favourably talked about from one end of the country to the other, and the name of Rhyl would beoome known throughout the world (laughter and applause). MR TILBY SUPPORTS THE SCHEME. THE FINEST IN VESTMENT FOR THE RATEPAYERS. Mr H. A. Tilby said that while he was strong- ly in favour of the scheme submitted to that meeting, he was there as a councillor, not to spend public money as he desired, but to spend it as those who contributed it desired—(applause) —and he assured the meeting that the Council as a whole, recognising that they were in the position of trustees, did not Want to do any- thing that had not the approbation of the rate- payers (applause). In the course of his recapi- tulation of the doings of the deputation that visited Yarmouth, and the deliberations of the Council before and after that event. Mr Tilby said someone hid been trying to make capital at hie expense out of his observation that the Yarmouth improvement scheme, upon which the Rhyl Council's Boherne was largely modelled, had proy-cd so effectivo in the matter of checking sand-drift that the present cost per annum of the removal of sand was covered by a five pound note. On looking into the matter more closely, he found that he had make a mistake—a mistake of five pounds too muoh—(laughter and ap- plause)—for opposite the item "sancLdrift" in the vory much audited accounts of the Yarmouth Corporation was a. blank (applaufle). The Yar- mouth scheme was started in just the some way as it was proposed to start with the Rhyl im- provemciitts, and in the face of a great deal of opposition; but so successful did the experiment prove, as a means of preventing sand-drift, and as a matter of improverneat, that the public in spite of the Council said the work must be con- tinued. It appeared that Councillor Rhydwen Jones had also been to Yarmouth, as a deputation on his own acoount (laughter and applause). Well, all honour to him (hear, hear). He had a great admiration for Mr Rhydwen Jones, but he was goir.g to cut him up badly directly (laughter). Mr Rhydwen Jones had been taking the rate- payers into his confidence with regard to a cor- tain Yarmouth gentleman, who, he (Mr Tilby) had it 33 a positive fact, was managing director of at least on pavilion, and sole proprietor of this plaoe of amusement Could they, he &sked, trust the judgment of an interested party on a. question such as this? (No!). Again, Mr Rhydwen Jones, who claimed to be as well forti- fic 1 with facts afid figures as the Council depu- tation, had made out, that the Yarmout h scheme had oost the ratepayers £ 40,000. His (Mr Tilby's) business was to tell the people facts, not fairy tales— (liughte-r)—and his finding of the cost of the scheme was that it was not more than £ 29 150. As for the argument of Mr Rhydwen Jones that scarcely anyone would j^.tronise the gardens, he again pointed to the experience of Yarmouth, and asked who would pay an annual rental of E350 for the tea-rooms if the gardens were not patronised. Continuing, Mr Tilby said he had asked the c airman which he thought would be best for the town—the gardena of tho pavilion, and his reply was "tho gardens" (laughter). Oh, they thought perhaps that the chairman had an eye to business. But nobody oould accuse him (Mr Tilby) of that. However, he had his views on the subject, and he was convinced that the fine.it investment that Rhyl could make would bo to spend money on gardens rather tha.n on a pavilion. THE FINANCIAL SIDE OF THE QUESTION Then there was the question as to how much this scheme would add to the burdens which tho ratepayers already had to bear. (A Voice: "One more;" and laughter). He had been long enough on a Council to find out that estimates were nearly always exceeded, and therefore he wai not going to throw dust in the eyes of the ratepayers by sticking to the figures which had been given. He wanted them to know the worst that was going to happen (hear, hear). Making allowanoe for everything, he would put the cost of the pavilion scheme at £9750. A Voice: What are the architect's fees? Mr Tilby: So careful are we of your money that we have not paid him anything yet (laugh- ter and applause). Continuing, after some in- terruption at the back of the hall had subsided, he said he would put down the outside cost of ih-e garden scheme at L4250, making £14.000 for both the pavilion and the gardens. The inter- est on that amount, calculating that they would bo able to got a 30 years' loan at 4 per oent. interest, would moan an annual repayment of J6809 13s 4d, or an equivalent to a rate of 3d in the E. How were they going to meet it? Somebody had suggested that the scheme would mean a permanent addition of 5d in the £ to the prosent burdens of the ratepayers. So far from that, being the case, they were in the fortunate position of having four loans on the point of expiring (applause). The total sum they were at present paying on those loans was £ 132§~ls 4d. Next year they would be paying C1134. It would not be this year that this improvement scheme would touch them as ratepayers; .next year it would only partially touch them; and in the following years, when they would feel the brunt of it. they would be paying JB1156 less on other loans than they were paying at present (applause). Consequently he did not believe they would have to spend a penny in additional rates on this acoount (applause). As for the charge that this question was being rushed, he was not ashamed of that being said at all. One reax)n waa that just now tihey had a lot of men standing at the street oorners unable to And employment. (A Voice: Buy the pier). That would not give a day's work to these men. Another great consideration was-what had they got for next season? (hear, hear). They wanted people who oame here to be advertising agents for the advantage of the town, not for its disad- vantage (applause). As for the suggested purchase of the pier, he was not going to discuss the question of price— that would not be fair—but if they adopted a resolution in favour of purchasing the pier, who knew but that the price migiht be put up? Supposing they decided upon that scheme, of which nobody kne/w any- thing till the previous evening, and which would surely be rushing matters—(laughter)—let them consider what it would mean. Two or three months would be taken up with preliminary negotiations with the Government departments, and the probability was that after all they would not get a 30 years loan, but only a five years' loan, having regard to the age and condition of the structure. The .repayment of so much capi- tal in five years would spell ruination for every- one of them (hear, hear). As 'he had said be- fore, he admired the courage of Mr Rhydwen. Jones, but he was inclined to think that he had not treated well his colleagues nor the raoo- payers generally in raising such a question so abruptly (applause). Concluding, Mr Tilby said the Council's scheme had had very thoughtful consideration, and he thoroughly believed it was a scheme that was going to make for the welfare of Rhyl. He had struggled hard to keep down the rates, and he would not be supporting the Council's sohome that night if he had not every ("nfidenco that it wouid be the finest investment the ratepayers had ever boon called upon to make (applause). R TREHEARN ADVOCATES A PAVILION ONLY. Mr D. Trehearn said he had been aokod to propose a resolution, and he had pleasure in doing so. It was that that meeting heartily ap- prove of the Council's scheme. He would not go so far as to say that he would support the garden scheme at preoent-(hcax, hear, and' "Yes"),—but he would move to approve of the pavilion scheme. He had pleasure in doing so, as 20 years ago he bad called a meeting of rate- payers in that very room and they had passed a resolution to build a pavilion, but the Council at that time, although willing to erect the pavilion, on the foreshore, did nothing for want of power, and Mr Rowlands did not then seem to have the Act of Parliament up his sleeve (laughter). He had had considerable experience of Buxto-n, and he knew how the building of a pavilion there had increased the popularity of the town, and at one time the Buxtan Council prohibited outdoor entertainments in the morning and evening, in order to protect the Pavilion Company. He was sure that if a pavilion was erected in Rhyl, and first-claas talent brought there, it would pay well. As to the apposition, he had heard people point to the failure of the past. In the first place, there was the old Winter Gardens, but that was doomed to failure from the very first, as it was too far from the centre of the town. Then, as to the pier, that paid at the time it was locally managed, and when Mr Do Jong wiis there it was on the high road to success, but the directors were not prepared to wait. As to the amphitheatre on the pier to-day he was told that it paid. (A Voice: Yes, because of the good talent.) Continuing, Mr Trehearn pointed out that the Palaoe might have paid! had th > directors not epent so much money, but had lbeen, oontent with a. place costing, Bay, £ 20,000 without the 30 or 40 shops in re Ar- cade. With the directors of the Pal vie they all sympathised, as they had risked and lost their awn money. He felt that if pavilions in other towns could pay with much larger capital that in Rhyl & pavilion would pay at 210,000. MR RHYDWEN JONES' PESSIMISTIC. On the Chairman asking if any ratepayer would like to speak, Mr A. Rhydwen Jonas stepped forward and said he would He waa received with choeuis. He said he had to reply to Mr Tilby and Mr Ellis, and in the first plaoe ho would say that if a ground land- lord considered that a lease of 80 years was reasonable for the pier it showed that there would be at lcj. 40 years' life in the old pier yet (laughter). Ho submitted that his e-ch-omo for purchasing the pier, repairing it, and build- ing two pavilions on it would pay better than any other scheme, and give more work for the un- employed. Why was it that he had been onco told that they could not spend rnaro than £ 150 on a br nd, when he wanted to get a band in Rhyl at with 9400 contributed by the towns- peotple? Yet when it suited some members cf the Council they oould spend what they liked (laughter). Mr Tilby had spoken about it not coeting Yarmouth a JB5 note to clear away the sand, but he did not bell them how many brushes in a year the men woirc out in sweep- ing off the hand from the grass plots (laughter). He estimated that this scheme was going to cast £16,500, and that would mean another 5d rate, whereas in Yarmouth a Id rate produood at least, four times what it did in Rhyl. In conclusion ho assured theim that he wa6 actuated by a de- sire to do his best for the town, and he solemnly abjured them that if they eoonmiited themselves to this Council sdhemc that it would m-ean ruination to the town ("No, no"). MEETING APPROVES COUNCIL'S SCHEME. Mr Ganilin then proposed that tlte meeting approve of the whole scheme of the Council— pavilion, and gardens. He did not believe in separating them, and in that respect he dis- agreed with Mr Trehearn. He had come to that meeting with an opeh mind, and ho was corniced from, what he had heard that the Council's cxibeme was the better one (applause). It was a scheme which would materially affect the prosperity of Rhyl in the future, and he fe t that in a .matter of that kind that they should support the "Council, especially when t ere were. 17 out of the 18 who were agreed upon it. As regards Mr Rhydwen Jonea' scheme why &hould the town pay B12,000 for a site on the pier when they could get a site for a pavilion on their own land? It was throwing £ 12,000 away. As regards purchasing the pier, he was once a merriber of the Council, and as chairman of the committee appointed to nego- tiate for. the puxchaee of the pier he con- ferred with Mr War hurst, and he could assure the meeting that' the price was too high, and there seemed to So nothing definite. They could rely on one thing, that if they docided that night to build a pavilion on the pier tha.t the price would go up the next day. Mr John Jones, Kinmel-street, seconded Mr Gamlin's resolution. Mr Joofiph Williams, in supporting, said he felt that they should not select meinl)ieni to the Council unless they were prepared to support them alter they had given th-e matterr, hours of consideration.. He felt that the gardens would be one of the finest things for the town, and he would almost rather them .than the pavilion, M. they would be an additional source of at- traction to the place, and what Rhyl badiy wanted was a place where visitors oould go when they were tired of the sands and promenade on a hot day. They wanted something .green on which to reat the eyes, and in the best in- terests of the town they should support the Council. On being put to the meeting there was a great majority in favour cf tho whole scheme., and but a score of hands were held up againat it. Groat enthusiasm prevailed, and the proceed- ings closed with a vote of thanks to tho chair- man for presiding.
MR. RHYDWEN JONES' ALTER- NATIVE PROPOSALS SUBMITTED TO A PUBLIC MEETING. SUGGESTED PURCHASE OF THE PIER. At the last meeting of the Rhyl Urban Coun- oil. Mr H. A. Tilby observed that Mr Rhydwen Jonas would not give any details of his pro- scheme of improvement, contending that "ho wanted a show iDa his own." Mr A- Rhyd- wen Jones did oonvene a public meeting at the Town Haiti on Monday tOvening-24 hours bo- fore the meeting called by tiho U.rban Council. Mr Rihydwetn. James advertised that he would give his reasons why liD proposed am. alterna- tive scheme to that wihioh the Council aintrouticad. The meeting had been extensively advertised, and billed, and as a result the Town Hall was crowded, and many had to be refused admis- sion- Tlh'e meeting, however, was not limited' to ratepayers, and many peasant obviously wore not ratepayers. There was a large number of Ladies present. Mr Percival Williams took the ohair, and whan tha, accompanied by CaunciHar Rhyd'WTon Jones, walked on to the pLafc-orm th-ey were accorded a rousing and encouraging reception- The Chairman remarked that he was oleas&d to see sudh< a large attendance- It Showed that thiey aill fedt that Boraetihing must be Gone to improve tho present state of affairs, and it was ojoar tha.t they had the interests of the town at heart- As reirardenj) his own position, his pre- sence itihare was not due to any laok of regard for tJhø members of the Rhyl Urbain Disbriot Council- He was to gome extent a listener to the details of Mr Rhydvnen JoffbW proposals. He was not oognaeant of what they were- He oama there like others to form an opinion Oil the scheme wihen he had heard it. The British nation all over the wonld was noted for its Jove of fair play, and he hoped they would extend to iMr Rhydwen Jones a patient hearing whether they agreed witih íhim or not. He was a gentleman well-known in the town, had lived them far a long time, had! a large itt- berept therein, and was certainly a very active member of tho Rhyl Council (applause). He thought that the valuable time and money given bv Mr Rhydwen Janes to the affaire of the vvu entijjjed him to a. fair hearing (bear, hear). Wilat has work was appreciated was shown, at the laat 6hootion. wihen be was re- turned by a very handsome majority at the top of the poll. THE ALTERNATIVE SCHEME PRO- POUNDED. Mr Rihydwen Janes oomaiaimed at the out- set that the Council had rushed their etjheme and delayed placing it before the rAtepayera. and even an its merita he was opposed to tlhteir sobeine for the erection of a pavilion and' lay- ing out the front as gardens. His reason for not producing his alternative proposals before ttihe Council in tihe finst place was that his elb- perierwe of that course was not encouraging. The original intention of the Council was to effect a reduction of sand-drift- He thought their original scheme was much better than the modified proposals with wihidh the deputation returned from Yarmouth. His first criticism of the Council's scheme Ihad reference to the sand screams which would enclose the arnamem- tail gardens- That warden wiouiki be portly of glaep, but it would look more like a wall, as tbope who lived on the We-t-parade knew. To oairry out the scheme tho laving out of tihe groujiiiats alone would coat £ 24,000. He denied that the improvements of Yarmouth were pro- ductive. The party wihioh ihad rushed on the works was now in a minority. To try to make tihe gardens profitable the Yarmouth Corpora- tion had undercut private enterprise, which provided dancing facilities. It was said that £ 5 kept the front of Yarmouth clean, but he saw two men sweeping the sand up in the gar- dens. and he wias informed that the men were permanently engaged. There was also a de- maIltd for sand1 there and it was exported at 2d a (load The Rhyl Gouinoil's scheme would entail a rate of 5d in tihe £ ami would not be a saind-drift cure- PROPOSED PURCHASE OF THE PIER. He was in favour of something being done, es- pecially tho Marine Promenade extension, also of deciding to what extent the West Promenade widening upcn the principle first thought of shculd be carried out. It was evident that A pavilion should bo erected by the Rhyl Council, fnd he should advise having a pavilion to hold 2500 people instead of the one proposed to hold 1500. His conviction waa that the erection of a j pavilion for £8700, laying oul, 3^ to 4 acres of ground, eroct these continuous lines of shel- ters at a total estimated cost of £15,000 to £16,000, would mean at 30 years' purchaso, apart from any upkeep, capital, and interest charges about £18,000, or a direct charge upon the rates ot not lesS than 5d in the B. Their liaOities at Rhyl dirl not seem to him to justify them in embarking upon such a scheme, which. he was afraid, be a financial loss to Rhyl. He suggested '.hat instead of accepting the scheme the CoutAl were about to present, they should consider the proposal to extend the Marine Drive, and take into immediate consideration the West Promenade widening. Both these schemes would be a much more effective sand drifo euro than what was now suggested. Ho would also suggest the erection of shelters for the accommodation of visitors. He did not much favour a pavilion being erected on the front, and he had been greatly disappointed at. the result of the deputation of four gantlemen, on behalf of the Council, who were asked to interview Mr Warhurst to endeavour to secure the lowest prioe at which h3 would be disposed to sell the pier as ir !ood, subject, to its ground rent and ie; the Government authorities. Aooordu. :(1 reply given by Mr Tilby to himself <:1\ Mr Wallis, and when a,ked at the Council, the result was that there was evidently some misunderstanding between Mr Warhurst and the four councillors asked to interview him. lie believed there was no better placo to erect a pavilion than upon the old site. The appearanoo of the pier at the present time was most damagihg. and seriously effected Rhyl financially. Further, should a pavilion be-. erected by same oompany after the erection of the Council pavilion upon the sands, with its most expensive and exposed foundations, there would be unnecessary competition. Finding that negoliafions for the purchase of the pier Kad practicaUv broken down, he, per- sonally, as enD of Rhyl Councillors, arranged an inerview vith Mr Warlvirst, and to the best of hii ability secured from him his for the compbti sale of the pier JUS it now stood, sub- ject to the ground rent of £15. and the Govern- ment f or about 40 years. Mr Warhurst made it a. condition in stating what his lowest price and his revenue receipts were, that the same shoud n ->t bo penh: and publicly dis- cussed by the Rhvl Urban District Council unless there vv w; a real desiro on their part to do busi- With Mr Warhurst's approval he had shown th-i figures to Mr Walter Conway, char- tered accountant, of Choiter, and he had Mr Conway's authority for the assertion that tho re- t enues wotid meet the annual charges, repay- ment, and sinking fund. He suggested the erecting at the pier head of a pavilion on the same Hnes as at Llandudno, to hold 500 people or more, where the sides could in the summer be open, either one or both, and people could hear from the outside. In quoting the cost of same at £1800. ho believed he was over estimating it by a few hundred f^oinnda. Further, he also included a ladies' tea room at t'ne end of tho pier at the cost of JB500, and al- lowed £1500 for such painting and repairs to the pier as would make it more attractive. The pier, with a good band at the pierhead playing good musio from 11 to 1, the Pie;r:ots being there afternoon and night, and such other en- tertainments as would be allowed in the amphi- theatre and bijou, ought certainly to give a much better return than could be possibly expected in sheltered and closed up gardens. He felt justi- fied in thinking t:at it would be a most. profit- able undertaking to Rhyl. He appealed bo them as ratepayers and property owners to ask the Urban District Council to reconsider their scheme of gardens and shelters, etc., and to oonsider that of buying the pior at the prico given, or, if pos- sible, to buy at a less price; the erecting of two pavilions rofreshm01lt room, repairing the pier, and to decide upon tho extension of the Marino Promenade to the pier at £3000, and to do such other cure for the sand drift on the West Pro- menade, as they may consider advisable. He thanked them for allowing him the opportunity of submitting his scheme. There was no one leener regMclin th" progress of the town than he was (applause). With a little enthusiasm and a little energy they should be able to attain that promine.nt position which Rhyl was entitled to (ap- plause). He had not consulted anyone on his scheme, but if anyone felt so disposed to speak upc.n it he would be glad to hear them. Mr Sparrow seconded the resolution. A WORKING MAN'S VIEWS. Mr Fawcett then arose amid much uproar to Ask a. question. He spoke from the gallery, and after repeated invitations he ascended on to tho platform, amidst loud applause. He then said that he was not averse to Mr Rhydwcn Jones' fcheme, if it did not propooo to take away tho iands whereon children played ("No, no"). One thing about his schemo was that it provid8d for a clear view of th.3 sea and sea front^instead of hasing ir covered in by shelters (loud applause). He was a ratejiayer and a v orking man (ap- plause). The next thing he would like to hear frcm Mr Rhydwen Jones was whether they would be saddled with an increase of 5d in the latcs if thj Council scheme were carried through? He asserted that independent of the of the scheme the ratepayers would bo Middled with an- other shilling in ihe rates. If the Council were going to levy such amounts uon the ratepayers as they proposed to do, he wanted to ask them if the ratepayers would bo in the hands of the police, as they were at the present time (ap- plause). It was estimated that nearly one-half of the ratepayers had been put into the hands of the police respecting their rates. Ho had no ob- jection to pay rates, but he objected to bo harassed by officials, when they were willing to pay, but had not the money by them (applause). He would like to know whether all the officials and creditors had at that moment paid their rates? Mr Joseph Williams at this stage arose from the audience and asked that the scheme should bo kept to, a request which was met with de- risive veIls. Mr Fawcett, continuing, thanked them for lis- tening to him. He had had a burning at his heart to eay something, and now he had said it he had done with it (loud applause). Mr Rhydwen Jones replied that them would bo plenty of sand left for the children to play with. RESOLUTION DECLARED CARRIED. Tho resolution was then put when between fifty and sixty hands went up in favour, and as there were none against the resolution was de- clared to be carried amidst applause, mingled with hilarious laughter. On the proposition of Mr Rhydwen Jones, a vote of thanks was accorded to Mr Percival Wil- liams for presiding. Mr Daniel Jones, rising from the body of the hall, then proposed a vote of thanks to Mr Rhydwen Jones, who, he said, had gone to Yar- mouth at great expense to get at the root of the matt.er,and ho was the only councillor in the town who would do it (applause). "AN UPHILL BATTLE." At this juncture Mr H. A. Tilby arose, and was reoeived with applause, mingled with cries of hostility. Wheoi these had subsided, he said that he desired to second the proposition; in doing so said it did not naturally follow that lie identified himself with the scheme put for- ward by Mr Rhydwen Jones. There would be an opportunity of dealing with that subject in twenty-four hours (hear, hear). Mr Jones, how- ever, was a man of great oourage, whatever else he possessed. He had been in absolute minority in nearly every division on the scheme in the Council, anil yet was so convinced of the sound- ness of his proposals that he had gone to great trouble and expense in preparing plans to sub- mit to that meeting. It needed a great deal of oourage to fight an uphill battle like that. Al- though some of them might think him mistaken, he did not think their admiration could be with- held, seeing that he had done what he had for the service of tho town. The motion was carried amid applause, and after Mr Rhydwen Jones had briefly responded, the meeting terminated. MR RHYDWEN JONES' FIGURES. Mr A. Rhydwen Jonea asks us to point out tliat there appears to be a wrong impression abroad (and the same has appeared in the daily newspapers) as to the figures he referred to on Monday night in connection with the pier. He calculated that for £12,500 two new pavilions oould be erected on the pier, a.nd the structure overhauled, but this sum would be in addition to the price for purchasing it fixed by Mr War- mrst, whereas the impression is current that Mr oon-es intended the figure named to include everything.
THE CHURCHES. Aft a convocation held in Durham University Last week, tiho degree of M A. was conferred upon the Rev- T. E. Owen, rector of Bottwinog.
RESIGNATION OF A LIVERPOOL WELSH MINISTER The resignation is announced of the Rev. Owon Owens as pastor of -^meld-road \VeJ,ah Calvinistio Methodist Chuirdh-, owinig to the oomtinued failure of eyesight and the p.ro- bability that be will have to undergo a further operation. Mr Owens has held tho charge he is relinquishing far the long period of thirty-six yea.rjS, during which time the most cordial re- lationship has ever existed between pastor and people- He began to preach at Uno earlv age of nineteen years and 'his first call was to "Eliin" Clhuroh, LLamddeusonifc, Anglesey, we he laboured succeed fully for three years. He was ordained art the Banigor Association in 1871, and in tibe following year removed to his pren sent pastorate- The congregation them war- shipped an Cranmieir-etreeit, and the memiberahip numtoered 150. To-day the members number 650- Mr Owens, who is a popular and effec- tive preacher, has heM same of the highest offices in the gift of his Connexion. In 1875 Ihio was Moderator of the Liverpool! Wdfoh Presbytery, and in 1902 Moderator of the North Walew Association- It is, however, in connec- tion with the foreign missions of his denomina- tion th.3It Mr Owons's eervioes wili be best re- meaabared.
THE COLWYN BAY APPEAL CASE. HORTON v. THE URBAN COUNCIL. « CONSEQUENTIAL DAMAGES AGAIN DISCUSSED. APPEAL DISMISSED. ———— In the Court of Appeal, on Friday, before the Lord Chief Justice, Lords Justices Buckley and Kennedy, the protracted dispute between Mr William Horton, of Rhos-on-Sea, and the Col- wyn Bay Urban District Council, was onoe more entered into. Thoro was a distinguished array of counsel representing tho parties. For the claimant (Mr Horton) there appeared Sir Robert Finlay, K.C., Mr Marshall, K.C., and Mr MoCardie (in- structed by Afesrs Chamberlain, J-chmson, and Hurt-opp, agents for Messrs Chamberlain and J ohnson, Llandudno and Llanrwst); while Mr Macmorraji, K.C., Mr C. C. Hutchinson, and Mr Ernest G. Palmer (instructed by Messrs Shajpe, Parker, Pritchards, Barham, and Law- ford, agents for Messrs Porter, Amphlett, and Jones, Conway, Colwyn Bay, and Llanrwst), ap- peared for the At the outset, Sir Robert Finlay explained tha.t that wais an appeal from a decision of Mr Justice Bigham, on an award in the form cf a special case. It raised a short point with refer- enoo to the Law of Compensation, which had recently been on more than one occasion be- fore tiie Courts, and on which Mr Justice Pnilli- more had expressed himself in a sense opposed to the decision given by Mr Justice Bigham. "These two cases," proceeded Sir Robert,' "will have to be referred to before your lord- rhi,pi3. The point is a very short one, and arises in this way:—The town of Colwyn Bay, in Den- bighshire, is a watering-place, whioh has been increasing, I believe, very much; and formerly they uaed to discharge their sewage into the sea in front of the town. That applied ateo, I believe, to the sewage of an adjoining town oalled Llysfaen, which was discharged into the sewers of Colwyn Bay. o f_cQouree, that was very objectionable from the point of view of a Watering-place like Colwyn Bay, and they had a scheme, which had been carried out, for carrying the se,we-rago by means of an intercept- ing rsower to a point away from Colwyn Bay." After replying to a technical point, raised by the Lord Chief J ustioe, Sir Robert added: Then the accumulated sewage, from these two places runts aiong the sewer to a point where it used to bo discharged into the sea- It is now, by means of the intercepting sewer, which comes into question here, carried across the claimant's land to a pumping station, which is not on the claim- ant's land. Then, it iii pumped up and oarried through an outfall sewer, which is again on the plaintiff's land, until it is discharged into the sea, at, a point which is more convenient for Col- wyn Bay, but not quite so convenient in the opinion of the claimant. "TWO BITS OF SEWER." £ ounsiel then produced plans and documents, after consideration of which Sir Robert Finiay explained that the arbi- trator had awarded the compensation in two sums: one for Mr Horton's land, actually taken for the construction of the sewer The Lord Chief Justice: For the two bits of ÐOWe-r? Sir Robert: For the two bits of sewer; and the other is for the injurious affection of Mr Hor- ton's land by the. construction of the pumping station and reservoir adjoining it. The Lord Chief Justice: Wore they all con- structed under one get of powers? Sir Robert: They were constructed under one Act, my lord; but yo'ur lordship is aware that for the construction of sewers the local body may rely simply on the Public Health Act, may make the sewer, and then they are liable to pay com- pensation. For the construction of the pump- ing station and reservoir, they had power to take land, Lnd did take land, because the con- struction of a pumping station and reservoir would not fall under the term "rower" in the Act. "Sewer" would include manholes and acoceBaries of that kind, but not a pumping sta- tion and reservoir, so that all formed part of one and t.hc sa-me scheme, dealt with by one Act of Parliament; but the powers under which they were made were different. For the pur- poses of the reservoir and pumping station, they had to have conferred upon them power to take land which they got by virtue of the Public Health Act, in respect of the sewer. Now, my lords, the point is simply this: Mr Justice Bigham has held that the claimant is entitled to the sum that his been awarded in respect, of the land taken for the sewers, bur, has held that he is not entitled to the sum given in respect of the injurious affec- tion by the construction of the pumping station and reservoir. "THE DIMINISHED VALUE OF LAND." The Lord Chief Justice: Injurious affection in what oonoo-nuisaooe or something of that kind? Sir Robert: The diminished value of the land, apart from any negligence in the user. What the arbitrator found was that there could not be a reservoir for the storage of sewage adjoining tho claimant's had without deterioration in its value, and he has said in that he does not in- clude any damages for possible negligent user. The Lord Chief Justice: Do you say this is covered by Co wiper-Essex? Sir Robert: I submit it is by the principles, but the precise point there did not rise. The learned Counsel and the Lord Chief Jus- tioo then ditzcLws,d the Cowper-Eseex case at length. In that, action it waa decided that "as regards the gentlemen whose land is going to he taken, consent must be given to the whole work and tlteri different bases of compensation ccmc in." The Lord Chie.f Justice nmarke-d that the principle in that case did not apply in this. Sir Robert Finlay then went-on to the "spe- cial case," which originally came before the Courts on a point of law when the arbitration wae pending, and, quoting from the arbitrator's awa.rd, he explained that Clause 9 read: "The cliimant has suffered damage in respect of a portion of his lands and property shown on the pian by reason of the construction of the t-aid pumping station and covered reservoir, to the extent of E758 12s 6d." The Lord Chief Justice: I suppose this is What Mr Justioe Bigha-in has disallowed? Sir Robert: Yes. "The said damage is caused by the depreciation in value mentioned in paragraph 9 hereof." The question that came before Mr Justice Bigham was whether he was entitled to that sum for the damage men- tioned. Under those circumstances I have to submit to your lordships that, whether the mat- ter is looked at from the point of view of what would have been common law rights of Mr Hor- ton if the Corporation had done this without statutory power, or from the point of view of the compensation section 308, Mr Horton is en- titled to have this matter taken into account. Sir Robert quoted the decision of the Court of Appeal in the case of the London, Tilbury and Southend Railway (an "ancient lights caee"), as bearing upon this action. "A WIDE PROPOSITION." At a later stage, Lord Juistioe Buckley ob- served: The argument here is this, is it not? If there had been no compulsory power, and you had oome to me to ark me to sell, I should have stipulated you should have put up your pumping station a couple of miles away- from mv land? J The Lord Chief Justice; Or be paid damages if you put it nearer? Lord Justioe Buckley: Quite co; and, there- fore, if you take it from me compulsorily, I am to have damages for anything which I should reasonably have forbidden? Sir R. Finlay: Yea. Lord Justice Buckley It is an extraordinarily wide proposition. Sir R. Finlay proceeded to oite the decision of Mr Justice Phillimore in the case of the London and North-Western Railway Company v. Riddiaway, and later that of the House oJ Lo-rdb in the Duke of Buccleuoh v. Metropolitan Board- of Works. "A REALLY IMPORTANT POINT." Referring to the latter, the Lord Chief Jus- tice said: Speaking for myself, I think this is a judgment well worth consideration, especially in reference to what Lord Hannen says. This case does raise a .really important point. You say this mm would have said: What do you want to buy land for I want it to send sewage there. Very well, then I will not let you have it. If it be the saime thing that that sewage, when sent through, is gomg to be used in a way which will cause depreciation, it may be the principle of Cowper-Essex applies to that. That is what yott are contending for. Sir Robert: Exactly. As I put it, it is tho use made of the claimant's land which ils doing the mischief, because it is only by the use of the claimant's land that the sewage gets there, and a pumping station without the sewage is per- fectly innocuous. So I say I fail directly with- in the principle that it is the use of the claim- ant's land which is doing the damage. The case for the claimant closed with some observations by Mr Marshall in regard bo tho Buccleuch case. THE DEFENCE. Mr Maomorran, for the Council, said the case really did raise a point which was new, and which hud never yet been decided, but if Sir Robert Finlay's contention was correct, it did not raise a new .point, because of the construc- tion he Eought to place upon the special case prepared by the arbitrator, seeking to &how that the damage was really caused by something done upon the lands of the claimant. The Lord Chief Justice: I think he only used that as what I may call an inference. He does not say, as a matter of faot, "it is done on my land." Mr Maomorran: I think he must &ay that in order to make good his point. The Lord Chief Justice: I do not think Sir Robert .means tihat in. fact sewage in the pipee is a nuisance. What he says is: "I am not bound to let that, sewage go through to feed your sewage works, exoept upon the terms of being compensated for the damage done." Mr Maomoriran: There is this to be borne in mind. This is not a case where any land is ac- quired for the purpose of laying the sewer; no land is acquired at all. The sewers are laid by virtue of a power oo,rderred upon the Local Authority by the Public Health Aot, Section 16. The Lord Chief Justioe: I thought they were vested? Mr Macmorran: The sewers themselves are vested, but no land is acquired. The Lord Chief J ustioe: They get the whole, do .not they—the easement? Mr Macmorran: I do not know what would be the proper phrace to use for it; it is hardly an easement. What happens is this: the Loeal Authority have the power, under Section 16, to by .a sewer in private grounds upon simply giv. ing notice that they require to do so; they do not require any lands for the purpose. It is quite true that compensation is payable, but it is payable under Section 303, which says that if any person stiffens any damage by reason of the exercise of the powers of this Act, then full compensation is to be paid to him. The Lord Chief Justice: They are not, so to speak, given a notice to treat? Mr Macmorran: No. Counsel prooeeded to quote the same eases which had spoken of by Sir Robert Fin. lay. In answer to the Lord Chief Justioe, Mr Macmorran said t.he claimant was not com- pensated to tho extent he had already been merely for the fact that so much of :h.i8 land had been oooupied by a pipe in his soil; he had been compensated for t.he fact that a. sewer had been laid in his soil which meant, that a pipe had been laid in his sod which was intended to be used, and would be used, for tho passage of sewage. Lord Juistioe Buckley: I suppose you say, but for that his land is not injured at all beeauso t'le surface is the sa.me aa it was before? Tho Lord Chief Justioe: I suppose the com- pensation includes something for an ease- ment ? Mr Maomorran: Yes. The Lord Chief Justice: You oould not build over It ? Mr Macmorran: No; that is one of the things; you oannot build over it. It may be the prc-t-,enoq .r' of a sewer in land ma v be A VERY SERIOUS OBSTACLE to loettiIng it out in a profitable way. The Lord Chief Justioe (reading from the apooia.t oaaa) "The cflairraamt has suffered dam- age in rojpect of hip lands and through which btte sowers are oonsbrucbed to the extent of Jb871 lai" he sayii. Mr Maomorran: That, must be compensation for the laying of a. thing which is to' be a sewor. Suppose the puirupjing station were not there at ail? Lord Justioe Buckley: Wlhat I meant was, if it were not that, if it wore simply like a tube railway, a great dbelow the surface, not aitootimg the surfaco at all, it would not have injured him. The Lord Chief Justioe: No. but you must be careful you do not go too t-ar. I expect that damage means damage because he eauout build Sir Robert Finlay: Certainly. The Lord Chief Justice: Ilia roads will have to be altered- I do not think you ought to say he has been given mare beoausc it iis sewage running through it, any more than if it was water running through it.. Mr Maomorran: A sewer after all is a thing for sewage to ruin through. If it is a thing for sewage to run itfhrouglh you must take it, when a man ifs compensated for the laying of it. he id opmpamatod for it being a sower Tho Lord Chief Justice: Would not Que claim have been tihe isamo if it kad been surface water running tihirough it? Mr Macmorran I do inot think it necessarily would. Lord Chief Justice: I think you must assume that- I do not like the argument that he hafs been. given bocaule æwage is goirig to -MatM. at the end of the, pipe. Mr Maomorran: I tihimk it must be so. He has been given damages or compensation- The Lord Chief Justice: I cannot take tiho view that in that jB871 any damage for what I may call ewiy n,uir-^wt,c<o "wliioh would be. caused by the passage of fMwage, m distinguished from water, has been included; it is a right to put a pif>e down and repair it which has been in- cluded there. Mr Macmorran I think you must go a little further than that. and say it is a right to put a soever down. The Lord Chief Justioe: A sower with its manhole and a sower with the necessity to re- pair it. and a sewer which would1 prevent his b-iilding upon it, 1 quite agree. What do you eay, Sir Robert? Sir Robert Finlay: I should say certainly not. it is morely for the value of the land aione and damages for preventing building. (rho separate finding excludes tihe idea. The Lord Chief Justice: The arbitrator was c.eany told to distinguish and I think lue haa distinguished'. Suppose this was a sewer for surface water, the £ 871 would have been just fime same. 'Do you want to go back on that0 Mr Maomorran: If that is your lordship's opHtion I will take it so. The Lord Ofuef J ustioe: No, not my opinion, NO OTHER CONSTRUCTION. I Mr Maom-onran: I moan your opinion on the case. The Lord Chief Justioe: I oould not con- strue the oaso otherwise, because lie has put it into two pieoes- After pome further dismission between Mr Macmorran and tiheir lordships, Mr Hutchinson addressed too court. He contended that the oases which had been dealt with by Mr Maomorran were a oompleto answer to Sir Robert FinAay's arguments, and the prw-iple which had been laid down in the judgment of Mr Juslioe Bigham was a prin- ciple^ that no case oould be cited as contrary to it- "There is," said counsel, "no oaee where damages have bean awarded in respect of de- preciation! due to the exercise of statutory powera on the undertaker'^ own land. I eay that this is an attempt to extend that which was determined in tlhe Cowper Fdsoex case to damage that is done upon Iflirwfa not taken Empm the claimant, but to wlhiah is done on t,omcone else's latid- I say there ip no oatse my friend oan cite; they alre all against him. and the rule is clearly laid down in the Stockport oase." He submitted that the appeal Should be dismissed. After Sir Robert Finlay had replied to his learned colleagues, The Lord Chief Justice said: We will try and give judgment one morning next week if we possibly oan. THE JUDGMENT. The judgment of the Court wsb given yes. terday, and' their lordships unanimously dis- missed the appeal with costs-
A LLANDUDNO MINERAL WATER COMPANY. APPLICATION FOR WINDING-UP. At the Bangor County Court on Monday, before Judge M )ss, Mr U. A. Griffith (instructed by Messrs Chamber- lain and Johnson, Llandudno), appearing- for Mr Joseph Owen, trading as Messrs H. and J. Owen, grocers and provision dealers, Milton House, Glodd- aet.h Street, Llandudno, a creditor, applied for the winding-up of the firm of Messrs Kays' Mineral Water O)mpany, Limited, Llandudno. Mr Griffith explained that the application was not opposed. The company, which had its registered offices at Adelphi Street, Llandudno, was incorporated oil December ;3rd. 190U, with the object of acquiring, aa a going concern, the business of an aerated mineral water manufactory, carried on by Robinson Kay and James Lanliam Mayger at the Tudno Works. Adelphi- Street, Llandudno. The nominal capital of the c(.m- pany was £ 5,000 divided into 5,000 shares, and the capital paid up, or credited as paid up, was 92,5w. No debentures has been issued, and the petition was presented, as the oompany was, it was alleged, insol- vent and unable to pay its debts, which amounted to 2500. In November last the petitioning creditor issued awrit against the company for goods sold, and on the day it was served a meeting of share- holders was held, and the secretary reported to the meeting the receipt of the writ. The meeting then considered the position of the company, and a re- solution was passed not to oppose the application for the winding-up or the company. According to the affidavit of Mr Fitzsimmons, the indebtedness of the company amounted to 2500, and the assets to X70. The Judge granted the order. Mr It. A. Griffith mentioned that since tlie date of the petition execution had been issued, and distress levied by the landlord for rent, and he applied far an order refraining any further proceedings. The Judge said the Court would give the necessary protection.