Lord Advocate v. Clyde Steam Navigation Company, 440 Lord Advocate, Leith, Hull, and Hamburgh Steam-Packet Company v. 597 M'Iver v. M'Neill, - 777 McKernan v. Greenock Lodge of United Operative Masons' Association, 548 Merry, &c. (Cuninghame's Trustees) v. Duke et al. 543 Michie's Trustees (Mitchell, &c.) v. Grant and Magistrates of Aberdeen, 51 Miller's Trustees, &c. v. Leith Police Commissioners, 932 Miller v. Keith, 164 Milne's Trustees v. Lord Advocate, 966 Mitchell, &c. (Michie's Trustees) v. Grant and Magistrates of Aberdeen, 51 Mitchell's Trustees (Smail, &c.) v. Waddell, 206 Molleson v. Challis, &c. 510 Monkland, New, Heritors of the Parish of, 983 Montgomery, City of Edinburgh v. 14 Montrose, Local Authority of, Board of Supervision v. 170 Morison, Campbell v. 80 Muir v. Muir, 529 Page Newbigging's Trustees v. Steel's Trustees, Murray v. Allan, &c. New Monkland, Inspector of Poor of (Ferrier) v. Inspector of Poor of 147 411 Auchinleck (Kennedy), 402 Nicolson v. Johnstone and Wright, Pomphrey, &c. (Newbigging's Trustees) v. Pomphrey, &c. (Steel's Trustees), 411 Potter v. North British Railway Company, 664 Walker v. Bathgate, of Poor of Parish of Campsie), 990 206 199 759 906 956 Wallace (Inspector of Poor of Parish of Govan) v. Johnston (Inspector 699 960 546 96 490 454 Wilson's Executors (Arnott, &c.) v. Burt, Wilson's Trustee (Russell), Rodger v. White v. M'Ewen's Trustees, 62 671 602 Wotherspoon, Lawson or Surtees v. Page 384 Young and Others (Dalgleish's Trustees), Duke of Argyll v. 616 262 CASES DECIDED IN THE HOUSE OF LORDS. 1873. JAMES GOWANS, Appellant (Pursuer).-Pearson, Q.C.-A. Taylor Innes. Glasse, Q.C. No. 1. Feb. 14, 1873. Minerals-Landlord and Tenant-Lease-Sterility.—Held (in aff. judgment Christie. of the Court of Session) that a tenant was not entitled to reduce a lease of minerals on the ground that they could not be worked to profit, even if no rent were to be paid. Observations on sterility as a ground for reducing agricultural and mineral leases. Ld. Chancellor Lord Chelms (IN the Court of Session 8th February 1871, ante, vol. ix. 485.) In February 1866 James Gowans took a lease from Alexander Christie, (Selborne). then proprietor of the estate of Baberton, of the whole freestone and other ford. minerals in the estate, with certain small exceptions, for a period of Ld. Colonsay. twenty-one years from Candlemas 1866, at a fixed yearly rent of £200; Lord Cairns. it being provided that the rent should not be exacted for the first year, except in the event of Gowans lifting minerals from the estate during that period, in which event he was to pay a modified rent of £100. The lease then declared it to be "in the power of the lessee and his foresaids, on giving six months' notice of his intention to do so previous to any term of Candlemas occurring at the end of the third, seventh, or fourteenth years of this tack, to remove from the subjects hereby let; and this tack, on the tenant's giving such notice at any of these periods, shall cease and determine, it being hereby declared that in the event of the tenant availing himself of the break at the end of three years he shall be obliged to restore the ground broken up in such a manner as that it may be ploughed up, or to a gradient of not more than one in five, and failing this to pay such damages as may be determined by the arbiters after provided for." The lease contained no stipulation of lordship, and no provision for abandonment in the event of its being found that the minerals could not be wrought so as to yield a profit to the tenant. Immediately on entering into the lease Gowans began to search for freestone by boring and otherwise. Alexander Christie died in August 1868, and was succeeded in the estate by his brother, Brathwaite Christie. In May 1870 Gowans raised this action against Brathwaite Christie and the executor of the late Alexander Christie, concluding for reduction. of the lease; for declarator that he was no longer bound by it; and for a |