86 THE LAW AFFECTING ENGINEEES 



be " completed to the satisfaction of the engineer," it is com- 

 plete so far as third parties are concerned, when it is complete 

 in fact, although the certificate has not been given (Lewis v. 

 Hoare, 1881, 44 L. T. 67). 



" Defect." Lack or absence of something essential to com- 

 pleteness (Tate v. Latham, 1897, 66 L. J. Q. B. 351). (See 

 further as to defects, Chapter XVL, 7, 10.) 



"Delineated." Where the words "land delineated on the 

 plans " are used, the phrase includes lands sketched but not 

 surrounded by lines on every side (Dowling v. Pontypool Ry., 

 1874, 43 L. J. Ch. 761). 



" Dispute." A phrase often used in the arbitration clause, 

 includes dispute of law and fact ; a non-feasance, such as the 

 withholding of a certificate by the engineer. 



" Drain" Broadly speaking, " drain" as contrasted with 

 " sewer," means the duct that drains only one house ; " sewer " 

 means the duct that serves more houses than one (Holland v. 

 Lazarus, 1897, 66 L. J. Q. B. 285). 



"Easement" is a privilege that one neighbour hath of 

 another, by writing or prescription without profit ; as a way, 

 or track through his land. 



" Engineering work" A bridge forming part of the line of 

 a railway is an engineering work within s. 14 of the Rail- 

 way Clauses Consolidation Act, 1845 (Attorney -General v. 

 Tewkesbury Ry., 1863, 32 L. J. Ch. 482). 



" Extras." " An extra to a contract for works, whether a 

 building or a ship, or any such thing, is something not speci- 

 fied in, or fairly comprised within, the contract, but which is 

 cognate to the subject-matter of the contract and applicable to 

 the carrying out of its design e.g., if a deal door be specified 

 and a subsequent order be given to substitute one of mahogany 

 the difference in value is an extra ; but if (say) the building of 

 a house be the subject-matter, and afterwards the building- 

 owner gives an order to the builder to furnish the house, that 

 furniture is not an extra, for that order is an independent 

 contract " (Russell v. Sa da Bandeira, 1862, 32 L. J. C. P. 68). 

 (As to extras generally, see Chap. XII.) 



" Final certificate "(See Chap. XIV., 5.) 



" Good repair" means such a state of repair as will satisfy 

 a respectable occupant using the premises fairly ; but not that 

 state of repair which an owner or a tenant might fancy 

 (Cooke v. Cholmondeley, 1858, 4 Drew. 328). 



