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THE London and Brighton and South- per mile will rapidly rise to a par with those of the Brighton and Eastern traffic returns for last week are Caledonian, At present they are as about 5 to 7. From South Eastern. disappointing, and do not give much en- this improvement of position the holders of the de

couragement for the future. The Brighton ferred stock will largely benefit. return shows a decrease of £2,417 for the week, and the South Eastern a decrease of £1,268. It will require

Since last week there has really been very a large increase in the holiday traffic to cover the recent The Mining little doing in the mining market, and heavy decreases. At the same time, we must mention Market.

there seems little prospect of any revival that the Paris Exhibition traffic, which will necessarily

this side of the holidays. When people flow over these lines, ought to bring a considerable

get together after the festive period we may expect a addition to their income, and enable them not only to revival of the utmost importance.

The fact that specumaintain their ground, but to pay increased dividends.

lators have lately been more or less absorbed in RailThe London Chatham and Dover should also materially

way investments has conduced to a considerable extent benefit from the same cause. The heavy line traffic

to the present unexpected depression. I say unexwill no doubt continue to be large, as the general trade

pected for the reason that all of us have been looking of the country is unquestionably good.

forward to a period of considerable animation in ven

tures of this description. Those who are now holding THE half-yearly meeting of the Grand

Mysores should stick to them, or even increase their Grand Trunk Trunk Railway of Canada Company has Merting.

holdings; there is not the slightest possibility or propassed off quietly as usual. The prospects

bability of these shares getting much worse, and in the of dividend to the first preference holders still appear case of Mysore Gold there can be little question that somewhat remote. We fear the traffics will not be

the moment there is any business at all doing these so favourable as they have been for some weeks past. will be the first to feel the benefit of renewed inquiry. The early opening of the lake navigation in America

Of course, these shares have already, especially during will be prejudiced to the Grand Trunk, which is an the past three months, risen very materially, seeing that all-rail line, and benefits largely from the closing of the

prior to Christmas they were selling at 3}, whilst at lakes. Trunks are weak, on the whole, and any

the moment they are very firm at 6, and have touched material improvement does not appear to be on the 6. It seems very strange that with the enormously cards. Sir Henry Tyler is an able and astute man, but

increased output, this mine should even now be standhe has a hard task before him to enable the company ing at a much lower figure than they were in 1886. to hold their own.

On the opening of competing At that time the crushings were merely nominal as combranches by the Canadian Pacific, which will take place pared with those now being returned, and if we might within a year, their position will be further imperilled. draw a comparison with 1885 and 1886, when £8 or £9

were being paid for them, then they should surely be CANADIAN PACIFIC RAILWAY SHARES

worth as much now, if not more. We then have Canadian Pacific are firm, and likely to continue so.

Sir Railway.

the Ooryum mine, than which there is not a George Stephen, the ex-president, who

more successful property in the mining world. had been for some time in London, has left for Canada. They have been putting out an enormous amount He is well informed of the views of the principal share- of gold for the past three months, and thovgh the holders in this with regard to financing the company ; quantity of quartz raised by the company is nothing and the annual report of the director for 1888 may be like so great as that of the Mysore Gold, the percentage looked for very shortly after his arrival. It is possible of bullion is much greater. The shares in the it may contain important proposals with regard to the common stocks and conversion of the fixed charges. actual value is much more than this, and, indeed, they

Ooryums are now selling at 13, or a shade over; their The prices of the common stocks are at present absurdly are certain to make a much bigger figure in the near low, and can only be accounted for by the directors future. There is no security offering in the Money having a heavy amount of floating charges hanging over

Market at the present time, of which the future is the undertaking, for the conversion of which they are

so certain or is likely to be so successful. Main Reefs only waiting the favourable opportunity, and which

are once more depressed, and are now only fetching will shut out the common stock from any divi

128., whilst Nundydroogs, after being freely bought at dend the expiration of

cent.

£3, have dropped away to 30s. Of this mine I do not guarantee of the Dominion Government in 1893.

entertain nearly so high an opinion as I do of either We have reason to believe that any such fear

Ooryum or Mysore Gold, still I certainly think they may be instantly dismissed from the mind, and

are worth an advance upon their present price. that it will be found from the Directors' Report that

Amongst what might be called the knocked-out lot of they have framed a financial scheme which will deal

Colar Mines, we think most highly of Indian Consolisatisfactorily with all fair and floating charges, put the dated, first because the shares are well held and are in Company on a firm basis, and at the same time materi

strong hands, which, when the right time comes, means ally improve the value of the Common Stock, the

a rapid advance ; next, that the property is extensive, holders of which will be able to run alone, long before

and is of proved auriferous value, and lastly, that it is the expiration of the guarantee referred to. It is our

an eminently well managed property. In Australian firm opinion that a substantial rise awaits Canadian

Mines, Day Dawns, after showing signs of improvePacifics within a very short period. The Mail Service

ment, have slipped back again, and are now freely sold of Steamers about to be established by the Dominion

at 128. There is a better time in store for these Government between England and Canada, and by the

securities, and it will astonish us very much if they British and the Canadian Governments jointly, between

are not quoted over par before the end of the current Yokohama, Shanghai, and Australia, will materially

year.

Colombians are nearly all under a cloud, assist the Canadian Pacific Company's receipts and and with the exception of Colombian Hydraulics draw general traffic to the line which is destined to be

nothing appears strong amongst

them.

Colons come the trans-continental highway between Europe in the

future may not unlikely prove and China, Japan, and our Australian Colonies.

a pleasant exception, and judging from

the people who have lately been buying are pretty sure to The North British Railway traffics still rally. They are a real good purchase at present price. The North keep good, and are likely to continue so. In the copper share market dulness reigns supreme, British. The Forth Bridge is nearing completion, and even T'intos are threatened to an extraordinary

and the opening is positively stated for extent. Some financial authorities going so far as to October next. There will then be a marked improve- say that they will drop from the present price 113, 114 ment in the company's position. For the first time in to as little as £7 or £8. We do not quite believe it, we its history it will have a direct through line from think at the moment they are as absolutely low as they south to north, complete, without break. It will then can be, and the prospect of any important further fall become the premier line of Scotland, and its receipts does not in my estimation appear likely. With respect

on

the 3 per

near

to speculation in this market, we can hardly advise any We understand that Sir Francis Dillon Bell, purchase in particular; generally speaking most mines K.C.M.G., Agent General for New Zealand, had exare as low as they possibly can be, and if we advise any pressed his willingness to act as a trustee for the purchases they would most decidedly be Indians, debenture holders of the New Zealand Midland Railparticularly Ooryums and Nine Reefs. A further rise way Company, Limited, subject to the sanction of his in Colons being likely, they might also be bought. Government. This sanction has been granted, but too

late for the Agent General's name to be published in Under the title of “Mr. Thompson's

the prospectus. 1. l'ho mpson's Mining and Investment Circular," that Circular. gentleman publishes a fortnightly treatise,

M188 GRACE HAWTHORNE.—Mr. W. W Kelly, the manager dealing with the mining market, its move

of the Royal Princess's Theatre, London, cables from America ments, present prices, and future probable changes. The

that arrangements there for Miss Grace Hawthorne's tour next modesty of Mr. Thompson in styling his fortnightly issue autumn are progressing most satisfactorily. Miss Hawthorne a circular, is positively astonishing, seeing that this work will open at the Union Square Theatre on Monday, the 17th of is one of the most carefully written

and skilfully compiled November next, and will play there for a month ; her repertoire works on mining affairs issuing from the press. In

will include Camille and three now plays by important

authors. Meanwhile she will appear at the Royal Princess's its forty or fifty pages is condensed some extraordi

Theatre, London, in True Heart, which will be produced on narily important information, and anyone who peruses

or about the 20th of May nert, at the conclusion of Mr. Wilson this work must be absolutely astonished at the research

Barrett's present engagement. Miss Hawthorne will also proshown by its author.

duce Theodora previous to leaving England.

BRITISH EMPIRE MUTUAL LIFE ASSURANCE COMPANY,

KING WILLIAM STREET, LONDON, E.C.

Incorporated in the year 1847, under Act 7 and 8 Vict., cap. 110, and further empowered by Special Act, 15 Vict., cap. 53.

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Extract from Report for 1888.
FIRE DEPARTMENT,
Net Annual Premiums

£392,148
Net Losses

£338,386
LIFE DEPARTMENT,
Net Annual Premiums

£83,817
INVESTMENT,
Interest received

£33,867
FUNDS after providing for Dividend and Outstanding Claims.
Capital paid up

£272,986
Life Reserve

£801,443 Fire and General Reserve

£380,000 Balance unappropriated

£7,240

£1,461,869 Copies of the Report and proceedings of the Annual Meeting may be obtained on application.

GEORGE STEWART, Gonoral Manager. Exchange Street, Manchester,

March, 1889.

SUBSCRIPTION ORDER FORM.

[Tear this part off.]

To the Publisher of PUMP COURT,

33, Exeter Street, Strand, London, W.C. Please forward me, postage free, a Copy of PUMP COURT, Weekly for One Year from date, for which I enclosed the sum of Fifteen Shillings.

Name

Address

Date

The LISTS will CLOSE on WEDNESDAY

next, 17th, at Four p.m., for both town and Country.

THE NEW ZEALAND MIDLAND RAILWAY CO

.

(LIMITED). ISSUE of £745,000 FIVE PER CENT. FIRST MORTGAG E DEBENTURES (specially secured as stated within).

LLOYDS' BANK (Limited) and the
NATIONAL BANK OF NEW ZEALAND
(Limited) are instructed to RECEIVE
APPLICATIONS for the undermentioned
FIRST MORTGAGE DEBENTURES, at
the price of £92 10s. per £100 Debenture.
In Debentures of £100, £500, and £1,000 at
the option of the holder, being part of a
creation of £2,200,000, repayable at par at
the expiration of 20 years, and redeemable
by purchase in the market, at any price not
exceeding £105, or by drawings at that price
on three months' notice. No further issue
will be made pending the completion of the
line to Reefton, or until such issue is repaid
in the terms of the Trust Deed.
Payable £10 on Application.

* £22 10s. , Allotment.
£20 13th May, 1889.
£20 15th July, 1889.
£20 16th September, 1889

WM. CLOWES AND SONS

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Esq.,

ABRIDGED PROSPECTUS.

Public Companies.To Solicitors. The Company was incorporated for the purpose of constructing the above-mentioned railway under a contract,dated 17th January, Richard Jordan, 120,

Richard Jordan, 120, Chancery Lane, 1885, entered into by the Governor of New Zealand, on behalf of her Majesty the Queen, Public Companies' Registration Agent, de., under Acts of the New Zealand Parliament, and since assigned to the Company, which

Continues to render assistance to the Profes. contract has since been superseded by a con.

sion in all matters pertaining to the Formatract with the Governor of New Zealand, tion and Registration of Joint Stock Com. dated the 3rd day of August, 1888, under panies. which the Company has secured additional MEMORANDUMS AND ARTICLES OF Asso. advantages. Of the share capital, amount- CIATION entrusted to him will be carefully ing to £500,000, £250,000 has been fully perused, and printed with accuracy and subscribed and already expended on work expedition. which will form a part of the security for the present issue, as hereafter explained.

DRAFT ARTICLES OF ASSOCIATION, printed Under this contract the Government have

wide for alteration, 38. 6d. per copy. subsidised the Company by a free grant of REGISTERS OF MEMBERS, and all other upwards of 2,000,000 acres of land. This books required by Joint Stock Companies. land is not to be taken in alternate blocks A large assortment always in stock. (as is so often the case), but may be selected

SHARE CERTIFICATES, COMMON SEALS, &c., by the Company at their option, within a

&c., engraved to any Design at the shortest very large area of the Middle Island specially reserved by the Government for that pur.

possible notice. pose. The Government have guaranteed

Now ready, Twelfth Edition, 28. 6d. post free that should these lands not bring in THE JOINT STOCK COMPANIES' HANDY. £1,260,000 to the Company, additional lands Book. By R. JORDAN. To be had of the shall be guanted to bring up the selling value Author, as above. to that figure.

From the valuations made in the Colony it anticipated that the land, when the whole line is made, will realise at least £2,500,000. All increase in value arising

LIMITED, from any source belongs to the Company, LAW PUBLISHERS AND BOOKSELLERS, without in any way reducing the above guarantee. Mr. Thomas Pavitt, of Christ- 27, Fleet Street, London, E.C. church, timber valuer, estimates that the

(Six doors East of Innor Temple Lane).
timber alone on the 91,000 acres, in the
vicinity of the line now to be built (out of a
large acreage under timber included in the

Now ready, demy 8vo, cloth 10s.,
Company's option) is worth, apart from the

THE NEW LAW AND PRACTICE OP value of the land when cleared, £635,000. Railway and Canal Traffic: Being The timber consists chiefly of red and white the RAILWAY AND CANAL TRAFFIC ACT, pine with birch, and there is a large and in- 1888, and the Rules of PROCEDURE in the creasing demand for these woods in the Court of the Railway and Canal Comcolony and Australia.

mission. With Notes and Cases, and conThe gross receipts of the Greymouth Gov. taining References to other Statutes re: ernment line, of which this line is a direct lating to Railways and Canals. By ROBERT extension, were £3,602 per mile for the WOODFALL, of the Inner Temple, and the financial year ending 31st March, 1888, and South Wales Circuit, Barrister-at-Law. when the accounts for the year en ling March, 1889, are published, it is believed AGRICULTURAL HOLDINGS. this figure will be maintained. It is esti. mated that an annual gross receipt of only

Second Edition, Demy 8vo., cloth, 158.; cash £1,100 per mile on the Reefton section

price, post free, 12s. 6d., would pay 8 per cent. upon the capital re- The Agricultural Holdings Act quired for this work.

1883, and other Statutes, relating to DisThe security for the present issue of tress, Replevin, Notice to Quit, &c. With £745,000 will be :

a Concise Summary, and Ninety-three Railway, already constructed, out

Forms, being Forms of Leases, Substituted of first issue of Share Capital,

Agreements, Awards, Notiees, &c. And including rolling stock, sur

an Appendix containing the Ground Game

£220,000 Act, the Report of the Royal Commission Railway, to be constructed and

on Agriculture, Scale of Compensat io equipped according to contract

approved by the Chamber of Agriculture, out of the proceeds of this

&c. By J. M. LELY, Esq., Editor of issue

545,000 Woodfall's “Landlord and Tenant," and Land, about 300,000 acres to be

E. R. PEARCE-EDGCUMBE, Esq., Barrister. granted to the Company in con

at-Law.
sideration of above expenditure,
and taken at waste land value

Royal 8vo, 700 pp., cloth, £2 2s., of 108. per acre.......

150,000 Timber on only 91,000 acres in

Informations (Criminal and Quo the immediate neighbourhood

WARRAN L'O), MANDAMUS, and PRO. of the line now to be con

HIBITION. By John SHORTT, LL.B., of structed, separately valued at 635,000

the Middle Temple, Barrister-at-Låw,

Relating to Works Total value of security......... £1,550,000

of Literature and Art (Copyright, Libel, Interest at 5 per cent. per annum for two

&c.).” and a half years will be secured on the

We have carefully gone through present issne by a deposit in the hands of

this volume, and have no hesitation in the Trustees of a sum sufficient to discharge

expressing a high opinion of its merits. It the same.

is learned and accurate, and must displace A draft of the trust deed, securing the

all earlier text-writers on the same subject." Debentures, and a copy of the contract

-Law Times.
between the Governor of New Zealand on
behalf of her Majesty the Queen and the

Demy 8vo, cloth, 158.
Company, can be seen at the Offices of the

Leading Casesin Modern Equity.
Company.
Applications in the form

By Thomas BRETT, of the Middle Temple, accompanying the prospectus, together with

Barrister-at-Law, LL.B., Joint Author of a deposit of £10 per cent. on the amount “Clerke and Brett's Conveyancing Acts," applied for, must be forwarded to Lloyds'

and Lecturer in Equity to the Incorporated Bank (Limited), 72, Lombard Street, E.C.,

Law Society, &c. Specially recommended or to the National Bank of New Zeal: nd

as a text-book for “ The Final" the (Limited), 71, Old Broad Street.

Solicitors' Journal, Jan. 21, and June 30,
Full prospectuses and forms of application

1888.
can be obtained from the Bankers, or at the
Offices of the Company, No. 79, Gracechurch

London ; WM. CLOWES & SONS, LIMITED
Street, E.C.
12th April, 1889.

£92 10s. Applicants have the option of paying up in full, under discount, at the rate of £4 per cent. per annum. Interest for two and a half years (i.e., during construction) will be deposited. Interest will be paid half-yearly the first payment being made on the 15th October next.

TRUSTEES FOR THE DEBENTURE HOLDERS. 1. Beaumont William Lubbock,

(Messrs. Robarts, Lubbock and Co.)
2. Edmund Charles Morgan, Esq., Deputy-

Chairman of the National Bank of New
Zealand, and late Director of the Bank of

Bengal.
3. Roderick Pryor, Esq., Hylands, Chelms-

ford.
4. Sir Frederick A. Weld, G.C.M.G., late

Premier of New Zealand.
SOLICITORS FOR THE TRUSTEES-Paine,
Son and Pollock, 14, St. Helen's Place, E.C.

DIRECTORS.
Thomas Salt, Esq., M.P., Chairman (Chair-

man of Lloyds' Bank, Limited).
E. Brodie Hoare, Esq., M.P., Deputy-Chair.

man (Chairman of the National Bank of
New Zealand, Limited, and Director of

Lloyds' Bank, Limited)
Sir Charles Clifford, Bart. (Chairman of the

New Zealand Trust and Loan Company,

Limited).
H. V, Hart-Davis, Esq. (Messrs. Hoare,

Wilson and Co., London).
C. Shirreff B. Hilton, Esq. (Messrs. Miles

Brothers and Co., London; also Christ

church and Timaru, New Zealand). Walter Chamberlain, Esq., Harborne Hall,

Birmingham, will join the Board, subject
to the sanotion of a general meeting, in
accordance with the Articles of Associa-
tion.

BANKERS.
Lloyds' Bank (Limited), 72, Lombard Street,

E.C., and all Branches.
The National Bank of New Zealand (Limi.

ted), 71, Old Broad Street, E.C., and New

Zealand.
BROKERS_Messrs. Coleman & May, 2, Token-

house-buildings, E.C.
SOLICITORS—Messrs. Burchell & Co., 5, The

Sanctuary, Westminster. AUDITORS—Messrs. Cooper, Bros., and Co.,

14, George Street, Mansion House. ENGINEER—Robert Wilson, Esq., M.I.C.E.'

Joint Consulting Engineer to the Government of New Zealand, 7, Westminster

chambers, S.W. SECRETARY-Æneas R. McDonell, Esq., 79,

27, FLEET STREET, E.C.

Gracechurch Street, E.C.

veys, &c.

Pump Court

VOL. VIII.

LONDON, SATURDAY, APRIL 27, 1889.

No. 132.

PUMP COURT.

The Temple Rewspaper and Review.

opinion that the title “Fruit Salt ” Baking Powder was calculated to deceive, and Lindley and Fry, L.J.J., being of the contrary opinion. We cordially hope that the judgment of the Court of Appeal may be reversed, and the judgment of Mr. Justice Kay re-affirmed. The tendency of later days is not to consider an author, inventor, or trader, at all, but merely whether the public are deceived by an imitation of his work, his invention, or his trade markIt is only in this way that the former get, as it were by a side wind, any protection at all, and yet it is undoubtedly for the interest of the general public that, when a man has spent time and thought and distributed money largely in various directions, that he should be allowed to have all the benefits accruing from the same, and that no one else should be permitted to appropriate the increment which properly belongs to him.

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In the preceding paragraph we were obliged to CURRENTE CALAMO. use the term abhorred by Lord Bramwell, not because

we disagree with his Lordship, but because it is a De Lege ; de Onnibus Rebus et Quibusdam Aliis, useful term in written discourse to indicate that the

word is 'used merely as matter of argument and

without necessarily implying any conscious or intenPUMP COURT was not published on Wednesday this tional deception, nor therefore any moral turpitude. week on account of the Easter vacation. Everybody It is in the effort, with poverty of language, aptly took a good holiday, and we hope our readers feel as fit to designate the thing done without including any as wo do for the Easter Sittings which commence on aspersion on the doer, that this anomalous expression Tuesday,

may be justified. We admit that it is not a logical

phrase any more than are the terms bad grammar or LAST week in our Law Reports columns we reported bad law, but then the language is full of such the decision of a majority of the Court of Appeal in anomalies, contradictions, and redundancies. the case of Re Dunn's Trade Mark. The whole question really turned upon whether the application of the term Fruit Salt by Dunn to his baking powder THE case of The Moorcock (PUMP COURT, vol. 8, N. S. was calculated to deceive the Public into a belief that No. 124, p. 199) is now reported at length, 37 W. R., 440, the constituents of the powder had some connection and is an undoubted instance of judicial legislation. with the beverage so favourably known to the public as The only previous authority resembling it was an Fruit Salt, or with the proprietors or manufacturers of American case of Carleton v. Franconia Iron Co., 99, the same. In the court below Kay, J., decided that Mass. 216, to which Dr. Melville M. Bigelow draws it was calculated to deceive, and at the time, now some attention in his admirable work on Torts. In that case weeks ago, we expressed our concurrence in the the defendants were owners of a wharf at Tide Water, opinion. In the Court of Appeal that practical judge, and procured the plaintiff to bring his vessel to it, to Lord Justice Cotton, was also of our opinion, but be there discharged of its cargo, and suffered the vessel Lindley and Fry thought that the baking powder was so to be placed there at high tide over a rock sunk and different in its objects and purposes from the boverage concealed in the adjoining dock. The defendants were that it was not calculated to deceive. With deference aware of the position of the rock and of its danger to we submit that the two learned judges have taken too vessels, but gave no notice of its existence to the limited and narrow a view of the question at issue, plaintiff, who was ignorant of the fact. The tide ebbed, and their observation of the fundamental principle the vessel settled down on the rock, and sustained at stake was very superficial. There is probably injury, and defendants were held liable for the damage. no such thing as fruit salt really in either case, but the In the case of The Moorcock (ubi supra)the vessel was, happy idea of Mr. Eno in coining the term and in largely by agreement with the owners of a jetty, in a river, advertising it, made the public familiar with it, and they moored alongside it for the purpose of discharging and have come to associate with it rightly or wrongly very loading cargo. The jetty could not be used by the healthful properties, and are ripe for receiving with ship without taking the ground at each tide. The favour any commodity which bears the same name, owners of the jetty had no control over the bed of the partly on account of the merits of the fruit salt river, which was vested in a Conservancy Board. beverage, and partly on account of a belief that while the ship was moored at the jetty'she, as the tide the proprietor of the same who has served them ebbed, took the ground, and, in consequence of its un. so well in the past must have something to do with the even condition, sustained injuries. The Court of Appeal powder. It seems clear to us that the application held that there was an implied undertaking by the of the title to some other article of human food owners of the jetty to take reasonable care to ascertain is but a colourable imitation and a legal fraud on the whether the bottom of the river at the jetty was reasonpublic. We hope the case will be taken to the House ably safe for the ship to take the ground, and if it was of Lords. At present we have the judges equally not safe, to inform the ship owner thereof, Lord Esher, divided in opinion, Kay, J., and Cotton, L.J., being of M.R., in giving judgment, was of opinion that the mere

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fact of the jetty being in the river, and the bottom of abolition of the solicitors' certificate duty, which was the river an uneven spot, imposed no liability upon discussed at the last meeting of the Incorporated the owners of the jetty towards the public in general. Law Society, and referred to in last week's issue But the plaintiff was not in the position of a bare of PUMP COURT, is that the Certificate duty is the licensee, for the defendants, though not charging only ground on which solicitor's can support their directly for the use of the wharf, were, under the exclusive privileges in respect of the preparation contract, to be paid a commission upon the value of the of conveyances. If this is the only ground of the goods loaded or discharged at the wharf, so that they “privilege” we are sorry for the “privilege." were in effect paid for its use. The wharf owner alone, and his servants, had the means of ascertaining the condition of the bottom of the river, and he was of

THE Court of Common Council has decided that the opinion that the wharf owners were bound, though salary of the registrar of the City of London Court the bed of the river was not under their control, to

shall be reduced to £1,000 a year, and that he shall either make it reasonably safe for any purpose for

be debarrel from private practice. A legal contemwhich they agreed the jetty should be used, or inform

porary decries this as ill-judged 'economy, which is the persons using it that it was not,

absard. The Common Council has decided wisely, and if they would set about reducing salaries of judges

they would be doing also well. The salaries for instance THE long-expected decision in Beresford-Hope v. for the judge and deputy assistant judge of the Mayor's Lady Sandhurst has at length been given, and, as will court are simply flagrantly disproportionate to the be seen from a note of the case given in another quality of work required and done. column, the dicta in Flinthane v. Roxburgh, 17 Q.B.D. 44, have been upheld. The judgment of the Court was delivered by Stephen, J., and dealt with two points.

We understand that Mr. Munton, who at one time First, could a woman be elected a County Councillor.

was on the list of candidates for the appointment could Assuming that she

We are not not, were the votes

of Registrar, has retired from the contest. given to her to be treated

thrown away,

sorry for this, as in our opinion Mr. Munton's practical that the candidate next

the list

retirement would be a loss to the profession, and entitled to the seat, if otherwise qualified, without

we cannot conceive what induced him to think for a recourse being had to another election. On the first moment of shelving himself in the City of London

Court. point (on which alone we propose to touch) the reason

The recent announcement of the Council that ing of the judge was that, admitting, as he did, the

the Registrar would have to give up practice words of the various Parliamentary enactments were

was merely declaratory, for, as matter of fact, the inconclusive that women were under general common

Registrarship requires the undivided attention of the law incapacity to vote or hold office, and that if the

officer appointed for this purpose, and either the legislature intended to render women eligible for such

Court or the private practice must suffer if he attempted an office, inasmuch as to do so would be to make an

to serve two masters. exception of a general rule of long standing, it would have done so in plain terms, but no such intention The following solicitors, members of the Council of could be gleaned from language. ambiguous and incon- the Incorporated Law Society, have been appointed by clusiye.

the Master of the Rolls to act as the committee under the

Solicitors' Act, 1888, to hear and report to the court MR. JUSTICE KEKEWICH had a novel point before upon all complaints of professional misconduct on him recently in the case of Withers V. Purchase. the part of solicitors, viz., Messrs. Lake, Bristow, Plaintiffs were

owners of mill on a cutting Markby, Saunders, Williams, Sir Thomas Paine, and of water from the river Test in the county of Sir Henry Watson. Southampton. Defendants—mill owners further down the main river-had dredged and scoured the bed of THE committee of the benefit which is being the river for some distance above their own mill in

organised for the well-known composer, Mr. Riccardo order to deepen the course, the result of wbich was to c. Gallico, have now definitely arranged the programme, diminish materially the volume of water flowing which is an exceptionally strong one. The matinée through the cutting to the plaintiff's mill. Defendants will take place at the Avenue Theatre, on Thursday, claimed, as riparian proprietors, the right to cleanse May 9, and the following artistes have given their the river from the accretions imported by floods services :--Malles. Jessie Bond, Rosina Brandram,

as to preserve the stream in its accustomed Violet Cameron, Sibyl Grey, Maria Jones, Clara Jecks, state as regards volume, velocity, and direction. We Florence St. John, Geraldine Ulmar, Florence Levey, leave out of consideration other questions, for this was Lilian Price, Eva Greville, Maude Wilmot ; Messrs. practically the important contention urged in the case. John Beauchamp, Charles Collette,' Arthur Cecil, The defendants claimed to do so on the ground, first, W. H. Denny, George Grossmith, Robert Ganthony, that they hail a prescriptive right to do so ; secondly, E. J. Lonnen, Harry Nicholls, Courtice Pounds, Richard that, independently of prescription, they had such a Temple, and John Wilkinson, also Malle. Trebelli, right as riparian owners. The judge was of opinion Mdine. Belle Cole ; Messrs. Walier Clifford and Bernard that the evidence failed to establish a prescriptive right. Lane. The programme will include the second act of the He was also of opinioạ that, even assuming ihe defend- Mikado," with the Savoy company, a grand divertisseants to have the right of scouring, which they claimed ment, specially arranged by Mdme. Katti Lanner, music as riparian owners, they had exceeded that right. But

by Mr. R. Gallico, with Mulle. de Sortis, from the the value of the judgment consists, not in the decision, Empire, as the principal dancer. A scene from the new which is involved with very peculiar circumstances, Avenue burlesque, one from "Faust up to Date," and but in the dicta negativing the existence of any such an old melodrama entitled, “Raymond and Agnes, or right to scour in a riparian proprietor. Kekewich, J., the Bleeding Nun of Lindenburg;" this latter performcould see no reason against extending to the bed of ance will be all the funnier seeing that the parts are to be the river the principal applicable to the banks, viz., balloted for by well-known London actors and actresses. that gradual changes by accretion inure to the benefit Mr. Stedman's choir of boys and girls will sing, and of the riparian proprietor to whose land the accretion

Malle. Berger, the celebrated cornet soloist, will make attaches.

her first appearance in England. The orchestra will

include the leading Covent Garden instrumentlaists. MR. RICHARD BLOXAM, the Chancery Taxing, Master, The_business arrangements are in the hands of Mr. promoted to this office since the year 1859, having been H. T. Brickwell, and Mr. Robert Soutar is acting for seven years previously Chief Clerk, has resigned. as stage-manager. With such a programme, Mr. Gallico It is said that no appointment is to be made to fill the may certainly rely upon the great success he thoroughly vacancy. It seems that the main objection of Mr. deserves, and although the prices have been raised, the Jake, the president of the chief Law Society, to the seats are being rapidly disposed of,

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