The Law Reports. Queen's Bench Division

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 edition. Excerpt: ...that these considerations entirely dispose of the case. I only wish to add that I do not think it necessary for the purposes of this case to express any opinion as to the correctness of the decisions of the Irish Courts, and that the observations which I have made are not applicable to the case of a right to light, which is altogether different from that of a right of way. Plaintiff's application for judgment alloiced. Solicitors for plaintiff: Ullithorne, Currey dt Jennings, for C. B. Hodgson, Carlisle. Solicitor for defendant: J. A. Broughton, Carlisle. E. L. IN THE COURT OF APTEAL. THE MAYOR, ALDERMEN, AND BUEGESSES OF THE BOROUGH OF HARROGATE v. DICKINSON. Local Government--Building--Deposit of Plan--Time limited for Commencement of Work--Inclusion of several Buildings--Commencement of some Buildings within Time limited--Building not commenced within Time limited--Bight to proceed without fresh Notice and Deposit--Harrogate Corporation Act, 1893 (56 57 Vict. c. ccix.), s. 27. The Harrogate Corporation Act, 1893, by s. 27 enacts that "The deposit with the corporation of any plan of any street or building shall be null and void if the execution of the work specified in such plan be not commenced.... as to plans deposited after the passing of this Act, within three years from the date of such deposit.... and fresh notice and deposits shall, unless the corporation otherwise determine, be requisite." The defendant, after the passing of the Act, deposited a plm shewing thereon a number of separate buildings. He commenced some of the buildings within three years from the deposit, and after the three years he commenced another of the buildings. On a case stated to determine whether the defendant had a right to proceed with this...