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common use in the cotton trade in Manchester and the word in the old parish churchyard and not in the burial ground "Coco," though not registered as a trade mark, has also been pertaining to the new district; the rector demanded a fee of used for years in connection with cotton goods sent from ios., to which the defendant objected; the interment took Manchester to foreign markets. The comptroller refused to place, and, the fee not having been paid, the rector brought register “Ko'koko," and the Board of Trade, on appeal to this action therefor in the County Court. The rector con. them, referred the matter to the Court. Held (by Kay, J.): tended that the defendant's daughter was, by reason of her That the application to register must be refused, both on the residing since the severance in the new district, at the time ground of the resemblance of the word to “Cocoand also of her death a non-parishioner, and that he had a right to because, the device of an owl being common property, the demand such a fee for the interment of a non-parishioner; word owl, even in a foreign language (and though there was no but the County Court Judge held that the deceased had evidence of trade at present in the class of goods to which never lost her right as an old parishioner to be buried in the the trade mark would, if registered, apply--with the people old parish churchyard ; and that, as against a parishioner, the speaking that language), could not be registered as a trade rector must show a custom to charge such a fee. Held (by mark.

Lord Coleridge, L.C.J., and Manisty, J.): That the right Guy et al. v. CHURCHILL et al.-Bankrupt and Creditors.

claimed by defendant that his daughter, as an old parishioner, Assignment of Right of Action by Trustee to some of Creditors to was entitled to be buried in the old churchyard, could not bring Action.--Assignees to take all risk and larger share of any be sustained, for that by the operation of Lord Blandford's Fruits of Action.Champerty: Action was brought by Guy

Act, the new district was a separate and distinct parish " for and Co., timber merchants, against defendants, timber brokers all ecclesiastical purposes," and those residing in it had no employed by them, to open accounts and recover the dif- right to burial as parishioners save in the burial ground of the ference between two sales made by defendants. Stirling, J., new district; and that therefore the rector was entitled to at the trial before him, dismissed the action, refusing leave to

demand the fee charged, without showing a custom, amend; leave to amend was however given on appeal. Guy and Co. were afterwards adjudicated bankrupt, and K. ap. pointed trustee in their bankruptcy. K., with approval of committee of inspection, assigned to F. the right of action against defendants. By the assignment, which recited assig.

NEW ORDERS. nor's unwillingness to incur risk and expense of continuing the action, the right of action was assigned to F. on termsF. to continue action at own expense, free from assignor's control, but assignor, as far as rules and practice of Court

SUPREME COURT, DECEMBER, 1888. permitted, would give all assistance and information in his

1. Order XXXVI., Rules 45, 46, and 47, of the Rules of the power at F.'s expense to assist F. F. agreed to dc his best to bring action to successful issue. Power to compromise

Supreme Court, 1883, are hereby annulled, and the following

Rules i to 5 shall stand in lieu thereof: was given to F., any money recovered or received under compromise, after deducting actual disbursements not repaid

Order XXXVI. RULE 45. by defendants, but excluding solicitor and client costs of F., When an order is made referring any business to the Official to be divided into four parts, three to be paid to F. and fourth Referees appointed under the Principal Act, the order may to K. F. was creditor acting as trustee for himself and other refer such business to any one in particular of the Referees; creditors, including plaintiff's solicitors in the action. F. was but if no particular Referee is named in the order the business employing plaintiff's solicitors. F. obtained an order as of shall be distributed among the Official Referees by the clerk course to carry on the proceedings in the action, and defend- to the Senior Official Referee, in rotation, or in such other ants moved to discharge this order. Held (by Chitty, J.): manner as the Lord Chancellor may from time to time direct. That though, apart from the Bankruptcy Acts and the rela. tions of the parties to the transaction, the arrangement

ORDER XXXVI. RULE 46. embodied in the assignment was champertous and the deed 2. When an order shall have been made referring any busivoid yet having regard to the fact that the transaction was in ness to the Official Referees, not naming any one of them in substance that some of the creditors of the bankrupt were

particular, the order, or a duplicate of it, shall be produced to carry on an action brought by the bankrupt, at their own to the clerk in the last preceding rule mentioned, who shall risk and therefore to take a larger share of any fruits result.

indorse on the order the name of the Official Referee to whom ing from bringing it, the assignment was valid.

that business is to be referred, in accordance with last pre. POLLARD V. PHOTOGRAPHIC COMPANY.Photographer and

ceding rule, and the order so indorsed shall be sufficient auCustomer.-Nature of ordinary Contract between.--Sale of Copies

thority for the Official Referee to proceed with the business taken from Negative to third person Without Customer's Leave.

so referred. Breach of Stipulation implied in Contract. -- Violation of Confidence

ORDER XXXVI. RULE 47. reposed.-Injunction to Restrain.—Plaintiff and wife were com. 3. When an order shall have been made referring any plainants in action. Mrs. P. was photographed by defendant, business to any one in particular of the Official Referees, the who carried on business under above style at Rochester. She clerk in making the distribution of the business as by these paid him for the copies supplied her. In his window he Rules directed shall have regard to such reference. exhibited a copy of Mrs. P.'s photograph, got up as a Christ.

Order XXXVI, RULE 47A, mas card, with the words "A Merry Christmas" above, and the words “ And a Happy New Year" below. One of these

4. The Senior Official Referee shall make a quarterly re. copies was sold to A., a clerk to the plaintiffs' solicitors, who

turn to the Lord Chancellor of the state of the business purchased it in order to bring action on the sale. Mrs. P.

pending before each Referee, the first return to be made on gave defendant no express or implied authority to dispose of

January 11, 1889. or publicly exhibit her photograph. Defendant claimed a

ORDER XXXVI. right to sell to anyone, or at least to any purchaser alleging 5. The Lord Chancellor and the Lord Chief Justice of himself to be a personal friend of Mrs. P., or to have her England, or either of them, shall have power to order the authority to purchase it. Held (by North J.) (the motion for transfer of any causes or matters from any one or more of interim injunction being treated by consent as the trial of the Official Referees to any other or others of them whenever the action): That the employment of a photographer was a in his opinion it shall be expedient so to do, having regard to confidential employment, and an injunction to restrain the the state of the business pending before the Referees. improper use of the power placed in his hands of reproducing the object would therefore be granted. Also that it was an im.

Order XXXVI. plied stipulation in the ordinarycontract between photographer 6. The direction in Rule 57 mentioned may be made to any and customer, that prints taken from the negative were to be one of the Official Referees, or to the Official Referee in roappropriated only to the customer's use, and that a breach tation ; and in such case the powers given by the said Rule of such implied stipulation might be restrained by injunction. to the Officer of the Court therein mentioned shall be ex.

ercised by such Official Referee; and the provisions of the QUEEN'S BENCH DIVISION.

Rules as to the distribution of business among the Official Hughes V. LLOYD.Church Building Acts.Lord Bland. Referees shall apply to directions given under Rule 57. ford's Act.-Division of old Parish into Two, with separate Burial Grounds.-Effect of on Status of old Parishioners, and Rights of Court, 1883, is hereby annulled, and the following Rule shall

7. Order XXXVII., Rule 39, of the Rules of the Supreme Burial.-Burial Fee.-Custom to Charge.-Plaintiff is rector of Llanater in Merionethshire, in which parish in 1886, by order

stand in lieu thereof: in Council under the Church Building Acts, 58 Geo. III.,

ORDER XXXVII. RULE 39. and 59 Geo. III., C. 134, and Lord Blandford's Act, 19 and 20 The examination of any witness or person ordered to be Vict., c. 104, a new district had been created and attached taken under Rules i and 5 of this order shall, in any cause or to the old chapel of Caerdon, in the old parish, and a new matter in any division of the High Court, unless the Court or burial ground attached to it.

Defendant was old a judge shall otherwise direct, be taken before one of the parishioner, but resided in the new district created out of the examiners of the Court, provided that nothing in this rule old parish, and in this new district his daughter died about a shall interfere with the practice as to examinations in Admiyear after its creation; defendant desired to have her buried ralty actions.

RULE 47B.

RULE 57A.

an

Order XXXVII. RULE 52. 8. Every Examiner of the Court, and every other person THE UNSTABLE

THE UNSTABLE EQUILIBRIUM OF appointed to take an examination under this order shall indorse on the depositions, when he transmits them to the

LABOUR AND CAPITAL.
Central Office, a statement of the hours within which the
examination began and ended.
ORDER LI. RULE IA.

Proviso.
9. Order LI., Rule is, shall be read as if the following

POLITICAL writers often make the mistake of confining words were added thereto :-Provided always that the judge

their attention to the capital points of any given problem, shall not authorise the said proceedings altogether out of the or the conspicuous features of some historical incident, Court, unless and until he is satisfied, by such evidence as he without paying proper regard to the so-called little things. shall deem sufficient, that all persons interested in the estate They follow the maxim-De minimis non curat lex. And to be sold, mortgaged, partitioned, or exchanged, are before the Court, or are bound by the order for sale, mortgage, par

yet it may well be doubted if any matter can be considered tition, or exchange, and every order authorising the said pro

small in politics, if it has a decided social aspect or posceedings altogether out of Court shall be prefaced by a

sesses a definite moral value. People are so apt to transdeclaration that the judge is so satisfied as aforesaid, and a plant their material notions and measures, their ideas of statement of the evidence upon which such declaration is space and time and quantity, into the spiritual world, that made.

they forget they have no real meaning there. This pracOrder LIV. Rule 9A.

tice leads to endless confusion of thought. The mere 10. In any cause or matter, on the application of any party mathematician, who believed the soul to be extension, may thereto, any Master of the Supreme Court, Registrar, Taxing have had some sort of excuse, as he professed to be a Master, or Chief Clerk, may, and, if the circumstances re

mathematician and nothing more ; but political writers, quire it, shall, hear and dispose of any application therein on behalf of any other Master, Registrar, Taxing Master, or

when they place material and metaphysical questions on Chief Clerk respectively by whom the application would

common ground and apply the terms of the one set to the otherwise have been heard, and any taxing officer may tax other, commit an unpardonable blunder. Of course, in costs under Order XIV. of the Rules of the Supreme Court or ordinary conversation, such looseness of language is naother short bills of costs in all causes and matters, whether tural. If we always talked like philosophers, we should be assigned for taxation to him or to any other taxing officer of intolerable; but we might often write and act as philothe same Division of the High Court.

sophers with advantage. And so, in seriously approaching ORDER LV. RULE 13A.

any question of the day, we should dismiss from our minds 11. In all cases in which the Court has jurisdiction to ap. at once the vulgar conception of size, as tending simply point new trustees upon petition, an application may be made to obscure the more important features. The little things to a judge in chambers by summons, and new trustees there.

are often the great things here. Straws tell us which way upon appointed. The summons shall be intituled in the same manner as the petition ought to have been, and shall be

the wind blows, and, in like manner, trifles light as air may served upon the same persons upon whom the petition ought give a clearer clue to the direction of the coming storm, to have been served.

and its amount of pressure, than all the fanfaronade of the

multitude, with all its sound and fury. But the bagatelles, Order LV. RULE 15A. 12. The first proviso to Order LV., Rule 15, is hereby of least resistance along which the expected change is tra

as we suppose them to be, not only may indicate the line annulled, and the following proviso shall stand in lieu thereof: Provided that no order appointing a new trustee, or for velling--not only may they, as the meteorological telegeneral administration, or for the execution of a trust, or for grams from America, predict with more or less accuracy the the appoinment or for accounts or inquiries concerning the particular region on which the tempest is most likely to property of a deceased person or other property held upon burst—they also form, themselves, the initial links in the new any trust or the parties entitled thereto, shall be made except chain of events, they are the first drops of the thunder-shower, by the judge in person.

the first glimmerings of the distant lightning still below the Order LIX. RULE 8a.

horizon. They may be symptoms of the most insignificant 13. Every application for a prohibition to a County Court appearance, that the vast majority of persons would either other than an application by the Attorney-General shall be overlook altogether or see without taking the trouble to brought by notice of motion served on the parties to the pro- notice; and yet they may be pregnant with the gravest ceedings in the County Court, or such of them as may not be

import. Sometimes, when a public procession with its applicants for the prohibition.

blare of trumpets and pomp of banners is advancing, a ORDER LIX. Rule 18.

dirty little boy will be first visible, blowing a penny pipe 14. Appeals from Inferior Courts shall in the construction and marching in front as if he were the conductor of the of Order LIX. irclude every appeal, motion, or application to whole ceremony. His action may excite a smile, and yet set aside or vary any verdict or judgment in or of any County he is a true herald of the coming magnificence. And so Court, or for a new trial in action in the High Court remitted to such County Court for trial or otherwise,

the eddying leaves and dust on the political sky-line, the 15. These Rules sha!l come into operation on January 11,

tiny cloudlets which few people even observe at all, may 1889, and may be cited as the Rules of the Supreme Court, be precursors as well as predictions of mighty changes December, 1888, or each Rule may be cited by the heading hastening to their development upon the broad stage of thereof with reference to the Rules of the Supreme Court, history. Perhaps it may be profitable to inquire if we are 1883.

not now in the presence of some such signs.
(Signed) HALSBURY, C.

A wave of what may be roughly called Socialism appears
COLERIDGE, C.J.
ESHER, M.R.

to be slowly spreading over Europe. And the singing of Nath. LINDLEY, L.J.

the “Carmagnole” in the streets of Paris is only one Edw. Fry, L.J.

among many little signs that the Bourgeois Government of December 19, 1888.

H. MANISTY, J.

the Republic is on its trial, and hardly satisfies the fickle spirit of the times. Words like these at such a season have an ominous sound, and seem almost an echo of the

great Revolution. An incendiary song more than once has PUMP COURT ACROSTICS.

been the cause or occasion of violent outbreaks, and has stirred up the lowest suds of the populace into a pande

monium of unbridled passions. The passing of the best The answer to last acrostic is not published, as solvers law has never had a greater effect; and he was a wise seem to have forgotten that this is the end of the year and statesman who declared that he would rather make the expect the usual time for solution. So be it. A corres- songs than the statutes of a nation. When wild feelings pondent directs attention to the fact that a Mrs. Birley, are ripe for expression, and still lack an exponent and inunder the name of Syriga, won the first prize in the second terpreter to translate them into articulate language, then quarter. This lady resides at Eccles, in Manchester, while some rude stanza, coming red-hot from the forge of ill-paid the Mrs. Birley who won last quarter resides at the Vicarage, labour, has been the falling spark to explode the hidden Bolton-le-Sands, Carnforth. The A. E. has no reason to gunpowder of sedition which lurks in every State. We do believe that they are even acquainted with each other, not mean to say that France, or any other country, is in though they bear similar names.

immediate danger of any sharp solution of political con

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tinuity. Social storms, like atmospheric tempests, often that will burst out at last, effacing all the ancient landmarks pass over the '

menaced lands, or break up into harmless and sweeping everything before it, when more imposing fragments, or are diverted into useful channels in other facts are only of ephemeral import. And there is nothing directions. Threatened countries, like threatened men, small or trifling in the slightest manifestation of that giant may live long. Again and again in history, when things force, called Socialism, which is still in its sleeping infancy. have seemed culminating in a terrible crisis, something has

ZANONI. happened to call off the attention of the masses and has cut away the ground from under the feet of the agitators and demagogues. An epidemic, a foreign war, a public THE LAW OF LIBEL AMENDMENT insult or injury, the death of some great leader, a good harvest, even a fresh idea from the study of a philosopher,

ACT. has given in a moment a new aspect to affairs, and a new impulse to vigorous thought and action, and has established the government which was tottering to its apparent over- "1. In the construction of this Act the word 'newspaper' throw. The unexpected in politics is always quite as prob- shall have the same meaning as in the Newspaper Libel able as the expected. Not that there is absence of and Registration Act 1881. causation in the grand changes of communities, or that it " 2. Sect. 2 of the Newspaper Libel and Registration Act is impossible to predict their future from a knowledge of 1881 is hereby repealed. present conditions and from past behaviour in similar cir- 3. A fair and accurate report in any newspaper. procumstances. But the true antecedents often lie so far ceedings publicly heard before any Court exercising judicial below the surface, that the most experienced statesman authority shall, if published contemporaneously with such may be deceived ; and the singing of the “Carmagnole" proceedings, be privileged : Provided that nothing in this in Paris, trifling as it looks, is perhaps the outward and section shall authorise the publication of any blasphemous visible sign of an unguaged discontent deep down in the or indecent matter. heart of the multitude. Perhaps there are wants some- “4. A fair and accurate report published in any newswhere, which even the return of the exiled Communists paper of the proceedings of a public meeting or (except from New Caledonia did not appease—wants which a where neither the public nor any newspaper reporter is Republic, so prodigal in its promises of blessings, has as admitted) of any meeting of a vestry, town council, school yet failed to touch or understand. A theatrical foreign board, board of guardians, board or local authority formed policy, with its strange doctrine of reprisals and its aggres- or constituted under the provisions of any Act of Parliasive benevolence, may startle and distract for a time, but ment, or of any committee appointed by any of the aboveit cannot produce a lasting content. The French ouvrier mentioned bodies, or of any meetings of any commissioners is at bottom a practical man, and he is not lightly 10 be authorised to act by letters patent, Act of Parliament, dazzled with visions of unsubstantial glory.

warrant under the Royal Sign Manual, or other lawful The relations between labour and capital, all over the warrant or authority, Select Committees of either House of civilised world, are in a more or less unsatisfactory condition. Parliament, justices of the peace in quarter sessions The sudden development of colonial projects in France and assembled for administrative or deliberate purposes, and elsewhere is a symptom of this restless state, and an attempt the publication at the request of any Government office or to provide a remedy in furnishing outlets for turbulent department, officer of State, commissioner of police, or energy. Bad seasons, as well as various discoveries and chief constable, of any notice or report issued by them for inventions, have tended to disorganise trade. A spirit of the information of the public, shall be privileged, unless it distrust has gone abroad. Capitalists are retrenching, afraid shall be proved that such report or publication was published of large ventures, and labourers suffer in consequence from or made maliciously : Provided that nothing in this section this reserve. Unstable equilibrium is the order of the day, shall authorise the publication of any blasphemous or and this fosters a feverish excitement and uneasy apprehen- indecent matter: Provided also, that the protection intended sion which cannot but be fruitful in evil. Even the iron to be afforded by this section shall not be available as a empire of Germany is affected by the movements of defence in any proceedings if it shall be proved that the Socialism, and the Conference at Berlin was a disguised defendant has been requested to insert in the newspaper in confession of alarm for interests at home. Prince Bismarck which the report or other publication complained of ap. inay point to the Congo and the Niger, he may speak of peared, a reasonable letter or statement by way of contracommercial prospects and international advantages; but his diction or explanation of such report or other publication, eye is really on the Rhine and his ear is anxiously and has refused or neglected to insert the same : Provided listening to the sullen cry in Prussian workshops, and his further, that nothing in this section contained shall be mind is busy with domestic troubles. What does the great deemed or construed to limit or abridge any privilege now Chancellor care for Africa? He is not generally known as by law existing, or to protect the publication of any inatter a philanthropist; but he is known to be the creator of German not of public concern, and the publication of which is not unity, and he is determined to maintain that at all costs. for the public benefit. For the purposes of this section The magnificent fabric of his genius must not be imperilled “public meeting' shall mean any meeting bona fide and by the conspiracies of social fanatics, who would visit the lawfully held for a lawful purpose, and for the furtherance sins of capitalists on governors; and the dream of colonial or discussion of any matter of public concern, whether the aggrandisement is thrown out as a sop to the grumbling admission thereto be general or restricted. Cerberus: the rising murmur of discontent may be “5. It shall be competent for a judge or the Court, upon drowned in the louder clamour of greed. Nor can there be an application by or on behalf of two or more defendants in any doubt that there is cause for serious reflection in the actions in respect to the same, or substantially the same, strained relations of labour and capital at the present day, libel brought by one and the same person, to make an order in almost every country, Workmen are gradually awaking for the consolidation of such actions, so that they shall be to a sense of rights, real or imaginary, and to a conscious- tried together; and after such order has been mide, and ness of their power. This dissatisfaction takes different before the trial of the said actions, the defendants in any forms in different lands, but it is one in sentiment; and it new actions instituted in respect to the same, or substanmay be contented with mere palliatives, it may demand a tially the same, libel shall also be entitled to be joined in a share in the profits of production, it may morosely refuse to common action upon a joint application being made by such formulate its claims, it may howl for the deluge of revolution, new defendants and the defendants in the actions already it may not have realised what it needs or desires, and yet it consolidated. In a consolidated action under this section is one and the same impulse, after all, everywhere. No the jury shall assess the whole amount of the damages (if doubt, in emphasising the singing of a revolutionary song, any) in one sum, but a separate verdict shall be taken for or we run the risk of appearing to make minnows talk like against each defendant in the saine way as if the actions whales. And yet, as second-rate writers often give a clearer consolidated had been tried separately; and if the jury view of the spirit of a particular age than the greatest shall have found a verdict against the defendant or authors, so obscure and unnoticed incidents that bubble up defendants in more than one of the actions so consolidated, here and there in little jets of excitement may be found to they shall proceed to apportion the amount of damages betray the presence of some profound subterranean current which they shall have so found between and against the

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said last-mentioned defendants; and the judge at the trial, if he awards to the plaintiff the costs of the action, shall

MINERALS. thereupon make such order as he shall deem just for the apportionment of such costs between and against such defendants.

Mr. Justice Day has added one more substance to the “6. At the trial of an action for a libel contained in any judge-made catalogue of the various substances known to newspaper, the defendant shall be at liberty to give in lawyers as minerals. Mr. Justice Day had before him last evidence, in mitigation of damages, that the plaintiff has term the case of The Earl of Jersey v. Guardians of the Poor already recovered (or has brought actions for) damages, or of Neath Union, which is reported in another column, and has received or agreed to receive compensation in respect of after a long and patient hearing determined to designate as a libel or libels, to the same purport or effect as the libel a mineral a certain alluvial deposit consisting of pure clay for which such action has been brought.

of a superior quality” suitable for making bricks. The 7. It shall not be necessary to set out in any indict- judgment in itself is, perhaps, not so very striking, but as ment or other judicial proceeding instituted against the showing the general tendency of the legal mind in this conpublisher of any obscene libel the obscene passages, but nection, it is important, for that tendency for many years it shall be sufficient to deposit the book, newspaper, or past has been to bring everything within the scope of other documents containing the alleged libel with the in- minerals that can be got from underneath the earth for the dictment or other judicial proceeding, together with par- purpose of profit. This conclusion, further, is remarkable ticulars showing precisely by reference to pages, columns, as showing how the Courts have shunned, especially in and lines in what part of the book, newspaper, or other recent years, etymological and scientific meanings of the document the alleged libel is to be found, and such par- word. Twenty years ago, and judges would have discoursed ticulars shall be deemed to form part of the record, and all with much lexicographical learning upon the derivation of proceedings may be taken thereon as though the passages the word, and seemed to be not a little pleased with forcomplained of had been set out in the indictment or judi- midable citations from standard dictionaries. The frequency cial proceeding.

with which we have to discuss what constitutes minerals in “8. Sect. 3 of the 44 & 45 Vict., c. 60, is hereby re- our correspondence column show that the subject is not pealed, and instead thereof be it enacted that, no criminal yet fully appreciated by many of our readers; and it is of prosecution shall be commenced against any proprietor, some consequence to local authorities, such as the Neath publisher, editor, or any person responsible for the publica- guardians, who have sewage works to construct. The tion of a newspaper for any libel published therein, without Neath guardians, by virtue of the powers vested in them the order of a judge at chambers being first had and by the Public Health Act, 1875, found it necessary to conobtained. Such application shall be made on notice to struct certain sewage works, and a portion of these had to the person accused, who shall have an opportunity of being run through the land of Lord Jersey, in whom was vested heard against such application.

the fee simple of all mines of coal, culm, iron, and all other "9. Every person charged with the offence of libel be- mines and minerals (except stone quarries), with power for fore any Court of criminal jurisdiction, and the husband or working the same and for making any roads, watercourses, wife of the person so charged, shall be competent but not or other works in the land for the purpose of raising and compellable witnesses on every hearing at every stage of carrying away the minerals. Lord Jersey alleged damage such charge.

to his right in the minerals by reason of the defendants' "10. This Act shall not apply to Scotland.

sewage pipe running over a portion of his land, under which “11. This Act may be cited as The Law of Libels was a certain kind of earth suitable for making bricks, which Amendment Act, 1888."

he contended, came within the designation of minerals, and, as we have already said, he succeeded in his contention.

The development of the great mining industries of the CORRESPONDENCE.

country has necessitated a considerable addition to the law

on this particular subject. Not that in former times the Re NEWBOULD.

subject was unknown. It has always been well discussed To the Editor of PUMP Court.

by text writers; but at the same time it has been difficult to SIR,-As there appears to be some misunderstanding with refer

arrive at a true meaning on account of the difficulty there ence to this case, may I be permitted to state, in justice to myself, always has been in construing minerals with reference to that the Incorporated Law Society did not support my appeal at

mines with which the word minerals has a real or an apparent any stage? I carried it from the Master to the House of Lords at

etymological connection. It was at one time attempted to my own expense.

Yours faithfully,

limit the term “ininerals " to such substances only as were 15, York Buildings, Adelphi, W.C.

W. NEWBOULD.

obtained by mining, as opposed to quarrying, in the sense in which mines and quarries are distinguished. Thus, in a

case in Plowden, 333, it was said in argument that there LEGAL HONOURS.

were two kinds of mines, namely, mines royal, consisting of

or containing gold or silver, and base mines, which Mr. WILLIAM GEORGE Pearce, barrister, has succeeded to

consisted only of base metals, or base substances, as copper, a baronetcy on the death of his father, Sir William Pearce. tin, lead, iron, or coals. In the Year Book, 11 Edw. 3, 7 b, Sir W. G. Pearce was called at the Inner Temple in 1885. mines of coal, iron, and stone are mentioned; and in

Mr. Edward James Castle, Q.C., has been appointed Viner's Abridgment, under the title "Mine," a distinction is Recorder of the City of Winchester. Mr. Castle was called

drawn between mines and pits, and it is there stated that at the Inner Temple in 1868, and practises on the Western

a mine is not properly a inine till it is worked, but only a Circuit and at the Parliamentary bar. He took silk in

vein. Lord Coke (Co. Litt. 536) mentions metal, coal, February. Mr, WALTER WILLIAM MACGEOUGH BOND, barrister, has

" or the like;" and alum mines are referred to in one of been appointed a Judge of the Native Court of Appeal at the statutes of James I. So that we may say that in the Cairo, in succession to the late Mr. Sheldon Amos. Mr. older legal classics, minerals constituted that which was got Bond was called at the Inner Temple in 1884.

from mines and mines only. Mr. McLEAN, solicitor, of Belfast, has been appointed one

The etymological meaning of the term has caused judges of the Resident Magistrates in Ireland. This we believe to

to err. Darvill v. Roper, 24 L. J. Ch. 779, is a case in be the first appointment of a solicitor to the office. Mr. ARTHUR BURCH, solicitor, has been appointed Registrar

point. In that case Kindersley, V.C., after referring to of the Dioceses of Exeter and Truro. Mr. Burch was ad.

the diverse definitions of the word minerals which were in mitted in 1853. He is also secretary to the Bishops of Exeter evidence—some of them scieniiic, some of them local or and Truro, and solicitor to the Exeter School Board.

customary, and some of them lexicographical-continued : Mr. James POTTER, solicitor, of Derby and Matlock, has

“ Therefore, when such a diversity is found to exist, the been appointed Clerk to the magistrates for the Matlock

elementary rule must be resorted to, and the ordinary Division of Derbyshire, in succession to the late Mr. John

meaning given to the word. Now, the ordinary meaning William Skidmore. Mr. Potter was admitted in 1870. Mr. HENRY JACKSON, solicitor, has been appointed Clerk to

is not the local meaning, and certainly not the scientific the magistrates for the borough of West Bromwich. Mr. meaning, but the etyinological meaning derived from the Jackson was admitted in 1854.

word mine, which latter word in itself is cleir;” and

1

accordingly, the minerals intended in that case were held than what would be included in the definition of Kindersley,
to be such substances, whether metalliferous or not, as were V.C., that “the best definition of a mineral was that which
obtained from mines. In the subsequent case of Bell v. was worked by means of a mine." Indeed, the authorities
Wilson, 13 W. R., 708, Kindersley, V.C., again took the justify us in saying that the term " minerals” comprises all
etymological sense combined with the contextual criterion the substances which now form or which once formed part of
of the extent of the denotation of the word, and came to a the solid body of the earth, both external and internal, and
conclusion similar to that which he had come to in Darvill which are now destitute of, and incapable of supporting,
v. Roper, thereby excluding freestone from the list of animal or vegetable life; and thus it will be found to
minerals. The case of Bell . Wilson was, however, embrace, as has been remarked, the bare granite of the
appealed (L. R. 1 Ch. 303), and the Lords Justices of the high mountain as well as the deepest hidden diamonds and
Court of Appeal set their minds decidedly against the metallic ores of the valley.- Justice of the Peace.
etymological meaning being considered at all. They dis-
carded that criterion altogether, and held that the word
mineral in itself effectually denoted freestone, among other
things, and that the context did not in any way narrow

WELSH GOLD MINING.
such denotation, but was referable exclusively to the mode
of winning the freestone, which was to be by mining and
not by quarrying. It is not, however, to be inferred from
that decision that where the substance in question can only rapidly turned into a solid reality.

What has heretofore been looked upon as a myth, is being be got by quarrying, it therefore follows that that substance

History has told us of is not a mineral. On the contrary, it is now good law that

the results of the discovery and working of gold mines in in cases where it is impossible to get, or where it will not Wales by Sir Hugh Myddelton and Sir Thomas Bushell, pay to get, a mineral otherwise than by quarrying it, the and some twenty-five years ago there was considerable excircumstance that the person claiming to be entitled to citement throughout England by the discovery of gold in it is not entitled to get it by quarrying, is not in itself suffi- Wales. Companies were formed and a good deal of money cient to restrict the meaning of the word mineral.” Following the case of Bell v. Wilson is the case of Hext

was recklessly spent by many who little knew what they v. Gill, L. R. 7 Ch. 699, where the question was whether

were doing. During this Welsh Gold Mining furore, there china-clay (a substance which could not be got without

was, however, enough done to establish the fact that paydestroying the surface) was reserved under an exception of able gold existed in the Principality. Some 11,000 tons of mines and minerals. Wickens, V. C., after remarking that . ore had been mined and drushed during a few years, which etymology was a very unsafe guide to meaning, held that

produced about 14,000 ounces of gold; at any rate, such is the word minerals had acquired a meaning of its own in

the record of results published by authorities who cannot dependently of any question as to the manner in which the minerals themselves were obtained. In that view he was

well be disputed. Gold Mining, like other industries, resupported by the Lords Justices, while overruling that por

quires to be under the control of experienced persons to tion of his judgment which decided that a grantor who had

make it profitable; and, in consequence of a good deal of reserved the “minerals within and under” the lands granted, extravagance and mismanagement, the Mining Companies might quarry china-clay from the surface. 6. The result of

then hurriedly formed came to grief. The mines then lay the authorities," said Mellish, L.J., p. 712, "appears to be

in abeyance for many years, although Professor Readwin this, that the word minerals includes every fossil substance, every substance in fact of every kind which can be got from

made repeated efforts to get them re-started. It was not underneath the surface, and for a profitable purpose, unless

however, until he obtained the co-operation of an Australian there be something in the context or in the nature of the gold miner, in the person of Mr. Wm. Pritchard Morgan, transaction which would induce the Court to give it a more late of Queensland, that any practical results were obtained. limited meaning. “The case of Bell v. Wilson,"continued Mr. Morgan, a well-known celebrity in Queensland, both as the learned judge (p. 713): “appears to be a direct authority

a miner and a solicitor, and a native of Wales, determined that the mere circumstance that a mineral cannot be got without destroying the substance, though it may be a very

to give the Welsh Gold Mines a fair trial. He obtained strong ground for holding that the owner of the mineral is

possession of the Gwynfynydd Mines and other lands adnot entitled to get it, is not a ground for straining the mean

joining. After a long time in practical prospecting, he ing of the term.”

obtained sufficient encouragement to induce him, with the Among the various substances that have now successively co-operation of others, to proceed with the practical developbeen held to be minerals besides those found in the works ment of the mine. Adequate machinery was obtained, and of the old text writers, namely, coal, iron, lead, tin and

the results so far have been of the most satisfactory characcopper, are stratum of stone, stone in quarry, freestone, slate and china-clay. In Midland Railway Company v.

ter. Up to the end of May last, some 1,300 tons of quartz Checkle, L. R. 4 Eq. 19, it was held that the reservation of

have been mined and crushed, yielding over 4,000 ounces mines and minerals within and under the land included of gold at £3 1os. per oz. represents £ 14,000, or about 2) everything below the surface available for agricultural pur- oz. of gold per ton. The yields from July to November have poses which could be made useful for any purpose, and in- been also equally good; 1,685 tons of ore giving a yield of cluded the right of quarrying as well as of underground

4,043 ounces of gold. mining. And in the recent case of Earl of Jersey v.

Mr. Morgan has sold his property to a Limited Liability Guardians of the Poor of Neath Union, it was held that a clay suitable for the manufacture of bricks was also a

Company, with a capital of £210,000 in £ 1 shares. The mineral, Day, J., remarking that “this particular earth was

price paid was £190,000, of which £120,000 was payable workable at a certain profit and had a value in itself which in cash, and £70,000 in fully paid up shares; leaving a brought it within the description of a mineral.” Hence we working capital of £20,000. The success already attending may say, generally, that mineral will include not merely

the efforts of Mr. Morgan in the development of the Welsh such articles as coal, ironstone and freestone, but fire-clay gold fields is sure to lead to very important results, and be and china-clay, porcelain clay or brick clay, and also every kind of stone, flint, marble, slate, brick earth, chalk,

the means of inducing other enterprising capitalists to follow gravel, and sand; provided only that these substances

in the footsteps set them by the enterprising Queenslander are under the surface and do not lie loosely upon it. It is

Miner and Solicitor. The credit of successfully developing immaterial, as we have seen, whether the substance in the Welsh gold mines is, therefore, due to Mr. Morgan, and question is usually worked or can only be profitably worked he has already received substantial reward in the shape of by open quarrying. Coprolites also must be added to the good profits for his pluck; but the honour of representing list, although they are generally supposed to be the fossilised Merthyr Tydfil in the House of Commons, where, if we misdung of animals, and that substance has been so regarded take not, he will be heard to advantage, and his influence in at least one Act of Parliament (21 Vic., c. 16). This felt in the cause of mining generally, not only in Wales, but enumeration, it is to be observed, goes somewhat further throughout Great Britain and Ireland.

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