INSURANCE AGAINST ACCIDENTS. SOME time since we fully investigated the cases relating to insurance against accidents, embracing questions as to the meaning of the American case, decided in the Supreme Court of Wisconsin, which, without throwing much new light upon the subject, may be usefully considered. In this case the policy contained a clause that the company should not be liable for any injury happening to the assured by reason of his "wilfully and wantonly exposing himself to any unnecessary danger or peril." The fact was that the assured attempted to get on a train of cars after it had started-too common a practice in this country-fell, and was killed. The real question was, whether the negligence of the assured having contributed to the accident it could be called an accident at all within the meaning of the policy. PAINE, J. most sensibly laid it down that whereas the definition of an accident is "an event that takes place without one's foresight or expectation; an event which proceeds from an unknown cause; or is an unusual effect of a known cause, and therefore not expected," there is nothing in it that excludes the negligence of the assured as one of the elements contributing to produce the result. term accident. We have now before us an Our readers will remember the English cases, Theobald v. The Railway Passengers' Assurance Company, Sinclair v. The Maritime Passengers' Assurance Company, and Trew v. The Railway Passengers' Assurance Company. In the first the accident giving rise to the action was held to be a railway accident, and no negligence was proved against the assured. In Sinclair's case a sunstroke was held not to be an accidental visitation. Whilst in Trew's case death by drowning was held to be accidental, the court saying, "We think it ought to be submitted to the jury to say whether the deceased died from the action of the water, or natural causes. If they are of the opinion that he died from the action of the water, causing asphyxia, that is a death from external violence within the meaning of the policy, whether he swam to a distance and had not strength enough to regain the shore, or on going into the water got out of his depth." Looking at these cases, and the cited remarks of the Judges, Paine, J. came to the conclusion that the attempt to get upon the train did not constitute a "wilful and wanton exposure" of the assured to unnecessary danger. But there are peculiarities about this particular case which would make us reluctant to recognise it as a precedent. According to the learned Judge, the evidence showed that the train having once been to the platform, had backed so that the cars stood at some little distance from it; while it was waiting there the deceased was walking back and forth on the platform (of the depot). It came along, and while moving at a slow rate, or as fast as a man could walk, he attempted to get on, and by some means fell either under or by the side of the cars and was crushed to death. The deceased was in the regular prosecution of his business. We need not pause to point out that there are different questions to be considered in actions against insurance companies, and in actions for damages for negligence on the part of a company. Negligence bringing about an accident might be held to be contributory where negligence is alleged against another party, but yet not relieve an insurer from his contract. DIGEST OF SHIPPING LAW CASES BILL OF SALE. 1. Purchaser of shares-Liability for expenses incurred before becoming owner.-A purchaser of shares in a ship is not liable for expenses incurred on behalf of the ship before the vendor became owner. The vendor contracted to purchase the shares in July, but did not execute the bill of sale until September. The transferee of his share was exempted from liability for any expenses incurred before the execution of the bill of sale: (Chapman v. Callis, C. B., Feb. 8, 1861; 1 Mar. Law Cas. 37; 3 L. T. Rep. N. S. 890; 7 Jur. N. S. 995; 9 C. B., N. S., 769.) 2. Sale of barge to a minor-Purchaser's right of action against assignees of bankrupt owner for seizing and selling barge-Merchant Shipping Act 1854-Act 25 & 26 Vict. c. 63.-The purchaser of a barge by bill of sale duly executed was unable to obtain a certificate of registry, as he was under twenty-one years of age, and he continued in the possession and use of the barge under the registry in the name of the former owner. The latter having become bankrupt, the purchaser was held to have a right of action against the assignees of the bankrupt for seizing and selling the barge. Merchant Shipping Act, sect. 55; Act 25 & 26 Vict. c. 63, 8. 3; The Liverpool Borough Bank v. Turner, in 1860, held not to apply: (Stapleton v. Haymen, &c., C. E., Jan. 12, 1864; 1 Mar. Law Cas. 416; 9 L. T. Rep. N. S. 655; 33 L. J. 170.) 3. Registration.-The registration of an assignment of an agreement for the purchase of a ship is not required under the Bills of Sale Act (17 & 18 Vict. c. 36): (Swainston v. Clay, C. A. Ch., April 22 and June 11, 1863; 1 Mar. Law Cas. 343; 8 L. T. Rep. N. S. 563; 9 Jur. N. S. 401; 32 L. J. 338, 503; 4 Giff. 187.) BOTTOMRY. INDEX TO CONTENTS. Admiralty Court, 1, 2, 3, 5, 7. Admiralty Court Act, 6. Advance of Freight not attachable, 4. on the part of the shipowner. The transaction was in no degree to the benefit of the ship and it was to the disadvantage of the cargo. Bonds pronounced valid against the cargo with costs. Dr. Lushington in commenting upon and explaining the cases of the Bonaparte, 8 Moo. P. C. C. 460; 3 W. Rob. 308; 7 Notes of Cas. 22; see Digest of Maritime Law Cases, 1837 to 1860, No. 259; Glascott v. Lang, 2 Phill. 310; 11 Jur. 179, 643; 16 L. J., N. S., 323n, Ch; 3 Myl. & Cr. 463; and the Oriental, 7 Moo. P. C. C. 409; 3 W. Rob. 254; 14 Jur. 336; 7 Notes of Cas. 476, said that the case of Glascott v. Lang, decided in 1847, was not noticed either in the Oriental or the Bonaparte, and it was his confident belief that the important case was not known to the Judicial Committee at the time, and Lord Cottenham was perfectly right in his observations as to the absence of previous authority, but the Judicial Committee being a court of the last resort, and the court of appeal, he was bound to adopt the rule prescribed by them regarding the necessity of endeavouring to communicate with the owners of the cargo; the Advances for Necessaries reimbursed by Lloyd's decision, however, was not applicable to the Association not entitled to Priority, 6. Agency Commission, 1, 7. Arrest of Ship according to Foreign Law for Neces- that if the ship saries, 7. Augusta, The, 7. Bonaparte, The, 2, 5. Campbell v. Thomson, 4. Cargo, 4. Commission, 1, 7. Constancia, The, 8. Costs, 7. Custom, 7. Disbursements (ordinary and extraordinary) distinguished, 4. Duncan v. Benson, 2. Foreign Law, 7, 10. Freight (Advance of), 4. were a present case. At the same time he remarked British ship, the owners of the cargo might, as decided in Duncan v. Benson, recover the (excess of) expenses to which they may be put through the hypothecation of the cargo. He adverted to the difficulties (as depicted by Lord Stowell in the case of the Grati tudine) that may arise from a master being compelled to communicate with the owners of the ship and the shippers and consignees of the cargo, who may give different instructions; and he observed that the Admiralty Court is in the constant habit of considering not only the technical rules, but all the circumstances, in order to protect the owners of ship and cargo from the unjustifiable Freight-In case of Transshipment, and General imposition of a bottomry bond, to afford due Average-Lien-Priority, 8. General Average-Lien, 8. Glascott v. Lang, 2. Gratitudine, The, 2. facility for the security of the lender on bottomry in cases of necessity, and to advance the mercantile interests not of England merely, but of all Lien for Freight of Cargo transshipped, and General the countries engaged in commerce: (The Ollivier, Average, 8. For Value of Cargo sold, 4. Master's Claim for Wages and Advances, 3. North Star, The, 8. Priority of Payment, 3, 6. 1. Agency commission on value of ship and cargo-Custom-Scrutiny of accounts-Practice of Admiralty Court-Suit in default.-Bond given at Elsinore for 4331. with 15 per cent. premium. Ship bound for Londonderry. Agency commission charged on value of ship and cargo, including an undefined amount for commission on advances reduced by the court to an allowance of 50l. No reason assigned or custom alleged in favour of a commission on value being charged. Practice of court not to scrutinise accounts too rigidly. In default of the appearance of the owners the ship is the real defendant: (The Fortuna, A. C. Ireland 1861; 1 Mar. Law Cas. 123.) 2. Communication with owners of cargo-Validity of bond-The Gratitudine, The Bonaparte, The Oriental, Glascott v. Lang-Evidence of master as to execution of bottomry bond on ship, freight, and cargo, where the bond is impeached by the owners of cargo.-A French ship was laden at St. Marc, in the island of Hayti, for a voyage to Liverpool, with a cargo consisting of 630 logs of mahogany, thirty bales of cotton, and twenty-five tons of logwood. She sailed from Hayti in Oct. 1860, sustained considerable damage at sea, and on 3rd Nov. put into Horta, a port in Fayal. The master communicated with the shipowners but received no answer; and not being able to obtain funds on personal credit of the shipowners to liquidate the expenses of the repairs necessary to enable the ship to proceed on her voyage, he, on 14th Dec. and on 2nd and 10th March 1861, with the sanction of the vice-consul of France, executed bottomry bonds on ship, freight, and cargo. Notice was not given to the owners of the cargo. All probability forbade the court to assume that the communication with Hayti was either certain or rapid. A letter to Liverpool could not have been dispatched sooner than the end of November, and an answer could not have been received sooner than early in Feb. 1861. The port of Horta being exposed to the W.S.W. winds, the ship could not have remained during that time with any degree of safety, exposed to the certain consequences of a winter, without any attempt to repair the ship or protect the cargo. While detained, the vessel came into collision with another ship; and in the month of January there were only three days when the state of the weather allowed the repairs to be carried on. The ship left Horta in the beginning of the month of March, and arrived at Liverpool on the 25th of that month. No opposition to the bottomry bonds was offered A. C., March 12 and 18, 1862; 1 Mar. Law Cas. 214.) 3. Priority-Wages of seamen and masterClaim of bondholder.-The captain of a ship being himself liable for seamen's wages cannot, under the 191st section of the Merchant Shipping Act, claim to be paid rateably with them either in respect of wages or of advances by him on account of wages where the proceeds of a ship sold at the instance of a bottomry bondholder are only suffi cient to pay the seamen's wages. The seamen have a prior claim to the bondholder, and the captain has also a right to his wages in priority to the bondholder where the bottomry bond does not stipulate that the master shall be personally liable for the amount of the bond: (The Salacia, A. C. Nov. 11, 1862; 1 Mar. Law Cas. 261; 7 L. T. Rep. N. S. 440; 9 Jur. N. S. 27; 32 L. J. 41.) 4. Advance of freight-Claim for cargo sold to pay expenses-Lien-Disbursements-Campbell v Thompson.-In accordance with the Standard (Swa. 267), advance of freight made after the date of a bottomry bond, but according to the terms of a charter-party entered into before that date is not attachable by the bondholder. The proprietor of a cargo sold in the course of a voyage to pay expenses has a claim against the shipowner, but no lien for the value of the cargo sold, upon the amount of freight due upon other portions of the cargo. Campbell v. Thompson, 1 Stark. 290, conWhat is an advance of sidered to be in error. freight under a special stipulation in a charterparty, considered. Ordinary and extraordinary disbursements distinguished; extraordinary disbursements being described as expenses not included within the terms of the charter party: (The Salacia, A. C. Nov. 25 and Dec. 18, 1862; 1 Mar. Law. Cas. 322; 8 L. T. Rep. N. S. 91; 32 L. J. 43.) 5. Law governing such questions-Master com municating with owners of cargo-The Bonaparte. -The Admiralty Court, in questions of bottomry, is guided by principles of general maritime law, unless other law be distinctly pleaded and proved as the governing law. The master of a vessel driven into port in distress is not bound to transship cargo. It is generally the duty of the master to communicate, or attempt to communicate, with owners of cargo before hypothecating it. Case of The Bonaparte, 8 Moo, P. C. C. 460, fully expounded. Bond held invalid against cargo. The amount of the bond exceeded the value of ship and freight by 13921., and the cargo had sold for only 8951.: (The Hamburg, A. C. March 24 and 31, 1863; 1 Mar. Law Cas. 327; 8 L. T. Rep. N. S. 175; 9 Jur. N. S. 445; 32 L. J. 161.) 6. Necessaries supplied to foreign ship reimbursed by Lloyd's Association-Jurisdiction-Priority.— A foreign ship was bound from the Mauritius to this country, and while she was in the East bot tomry bonds were executed. Afterwards she put into Malaga, where expenses were incurred for repairs and refitting, and for discharging and reshipping cargo. These expenses for necessaries were reimbursed by the secretary of Lloyd's Asso. ciation. On arriving in this country proceedings were instituted by the bondholder, and the ship was sold. It was held that Lloyd's Association could not make a claim as having supplied necessaries; and that neither under 3 & 4 Vict. c. 65, nor under the 4th or 5th section of The Admiralty Court Act 1861, has the Admiralty Court jurisdiction to entertain a claim for necessaries supplied to a foreign ship at a foreign port. Bottomry bond entitled to priority of payment: (The India, A. C. March 26, 1863; 1 Mar. Law Cas. 390; 9 Jur. N. S. 417; 9 L. T. Rep. N. S. 234; 32 L. J. 185.) 7. Advances on personal credit-Validity of bond -Agency-Commission-Custom.-Advances made to ship on personal credit cannot, when the ship may be arrested, be converted into a bottomry transaction. But if the advances are made under an agreement for bottomry, the bond is valid though granted long afterwards. The law of all or nearly all foreign countries sanctions the arrest of ship for advances, and renders any bottomry bond therefore valid; but in this country the foreign law sanctioning arrest can be pleaded only as evidence to support the presumption that the advances were intended to be made on the security of the ship: The Augusta, 1 Dod. 283, and The Vibilia, 1 W. Rob. 1, cited as authorities to this effect. The value of ship and cargo does not altogether depend upon the custom of the place where the bond was given; but the custom of such a charge being made is to be considered in ascertaining whether the charge is fair. With respect to the commissions, the court will not be bound by the custom of any place. A plea as to the fairness of the charges is admissible, but the party failing in proof will be condemned in costs: (The Laurel, A. C. Nov. 3 and 10, 1863; 1 Mar. Law Cas. 405; 9 L. T. Rep. N. S. 457; 33 L. J. 17.) 8. Lien-General average. Bottomry Transshipment.-Lien on cargo for freight on transshipping and forwarding it to its destination, and for general average, was held to have priority to a bottomry bond. A ship called the Galam, bound from Hayti to Europe, calling at Falmouth for orders, put into the port of Angra in Terceira under average, and was there condemned. The cargo was transshipped into a vessel called the Mary Jane, and the expenses were secured by a bottomry or respondentia bond on the cargo pay. able at Falmouth. The Mary Jane was wrecked at Scilly, and the owners settled with their underwriters for a total loss of that ship and her freight. The cargo was ordered to Hamburg, but was arrested in the Admiralty Court by the bottomry bondholder, and brought to London, where it was sold. The underwriters on freight per Mary Jane did not abandon their right to forward the cargo to its destination. It was held, reversing the judgment of the Admiralty Court, that there was alien for freight and for general average per Mary Jane upon the proceeds of the cargo in preference to the bottomry bond. The Constancia, 2 W. Rob. 287, and the North Star, 1 Lush. 45, as to the Admiralty Court not having jurisdiction in questions of general average, or in claims for loss on cargo sold to pay expenses, considered not applicable to the present case. The expense of transshipping and forwarding the cargo of the Galam was in the nature of a salvage charge whereby the cargo was rendered available for the bottomry bondholder or anyone else. Suits in the Admiralty Court or at common law are made in the name of the master (or owner) as trustee for the underwriters where his claim has been satisfied by them: (Cleary v. Macandrew, Cargo ex Galam, J. C. P. C. Dec. 9, 1863; 1 Mar. Law Cas. 408; 9 L. T. Rep. N. S. 550; 10 Jur. N. S. 477; 33 L. J. 97.) BREACH OF CONTRACT. INDEX TO CONTENTS. Re-charter, 1. Guarantee to sail-Forfeiture, 3. Renunciation of agreement, 4. 1. Construction of letter-Refusal to accept bill drawn for loss on re-charter-Charter-party.-Ship chartered from Taganros at 60s. per ton. Contract with a London firm to re-charter her on speculation. When she loaded at Taganros, freights had fallen to 40s. a ton. Goods were shipped by the re-charterers on their own account. Charterers held liable for the loss on value of cargo by being shipped at 60s. instead of 40s.: (Yeames, &c. v. Lindsay, &c., C. B. Jan. 23, 1861; ì Mar. Law Cas. 33; 3 L. T. Rep. N. S. 855.) 2. Sale of cargo free on board, including freight and insurance-Sufficiency of insurance-Whether it should cover freight.-A contract in respect of a cargo of wheat contained the clause "payment cash in London in exchange for usual shipping documents." The amount of the provisional invoice, less freight, was 36241. One of the ship. ping documents was a valid policy for 36001., and it was held that the policy was of sufficient amount. The value of the cargo for the purpose of insurance is to be taken with reference to the port of shipment, not that of discharge. It was further decided that it was a question for the jury whether the policy tendered was a shipping document within the contract: (Tamvaco and others v. Lucas and others, Q. B. May 4, 1861; E. C. June 19, 1862; 1 Mar. Law Cas. 66, 231; 7 Jur. N. S. 1100; 1 B. & S. 185; 30 L. J., N. S., 234; 6 L. T. Rep. N. S. 697; 31 L. J. 296, in error.) which Liverpool is situated, there are two judges For each of the other circuits there is one judge only. The following are the number of plaints in the whole of the County Courts, and the totals under each heading in the returns with reference to the recovery of debts for the year 1868, in comparison with the numbers, for the preceding year : Plaints entered Cases from the Superior Causes determined: Judgments For plaintiff For plaintiff by consent oradmission 215,732 For plaintiff by default Nonsuit 3. Sailing of ship-Shipment of packages.-Construction of letter undertaking to ship by the Warrior Queen, guaranteeing that she sails not later than the first week in July, or forfeit 2s. 6d. per ton, 300 or 400 packages of goods." Held, that this meant to forfeit 2s. 6d. not only if the vessel did not sail within the time specified, but also if the stipulated number of packages were not shipped, or at all events that the clause referred Judgment summonses— to the non-shipment of packages. The clause considered exceedingly ambiguous: (Heugh v. Escombe, Court of Ex. Jan. 16 and 17, 1861; 1 Mar. Law Cas. 79.) 4. Contract to receive goods on board-Repudia. tion of agreement.-Where before the time for performing the contract arrives, the party who has made a promise expressly renounces the agreement, the other, not being in fault, may in his option treat the renunciation as a breach of contract: (The Danube and Black Sea Railway and Kustendjie Company v. Xenos, C. B. Nov. 21, 1861; 1 Mar. Law Cas. 172.) For defendant 895 569,832 331,675 310,377 213,291 2,466 524 8,814 9,138 Appeals Orders to stay proceedings Certiorari to remove proceedings Issued Heard Warrants of commitment- Issued Sales made Total amount for which plaints entered On judgments obtained by plaintiffs on original hearings Amount of debts Amount of costs Total amount of fees on all proceedings Proceedings in case of absconding debtors Warrants to arrest Bail given Debt and costs paid.. Warrants suspended Proceedings under the Charitable Orders made Proceedings for protection of £311,835 1867. 4448 637 Trusts Acts 18,119 Matters heard 2042 17,511 wives deserted 24,797 Orders registered. 559 Orders discharged 299 Bankruptcy 13,985 175 24 1868 Gross produce realised 4,141 £62,906 In the number of plaints entered in 1868 the increase as shown above amounts to 33,485, or 3.5 per cent, as compared with the number in 1867, the number in 1867 having exceeded the number in 1866 (exclusive of cases sent from the Superior Courts) by 69,342, or nearly 8 per cent. number in 1866 exceeded the number in 1865 by 89,733, or 114 per cent. In three years, therefore, there has been an increase of 192,560 in the number of plaints entered in the County Courts. The The proceedings in the County Courts in the year 1868 for the recovery of debts, the proceedings under the Charitable Trusts Act of 16 & 17 Vict. c. 137, and the proceedings under the Act of 20 & 21 Vict. c. 85, for the protection of wives deserted by their husbands, are shown in the table in the usual form; also, now for the first time under bankruptcy, the number of adjudications in bankruptcy, and the gross produce realised, for each of the fifty-nine County Court circuits, as abstracted from the returns obtained through the treasurers from the registrars of the different County Courts. County Courts are held at 521 different places in England and Wales, including metropolitan courts which have no jurisdiction in bankruptcy; 324 of the courts are held monthly; the remaining 197 once in two months. The number of places at which courts are held in each circuit, and the number of days of sitting on each circuit in 1868, are shown in the table. For Circuit No. 6, in The number of days of sitting for the whole of the circuits was 7987 in 1868, exceeding the number in 1867 by 94, and exceeding the number in 1865 by 366. The number for 1868 gives 717 causes for each day of sitting, calculating on the total number of causes determined. This average for 1867 was 687; for 1866, 621; for 1865, 57.1. The greatest number of days of sitting on any circuit in 1868 was 268, on Circuit No. 6; the lowest 89, on Circuit No. 5. The highest average number of causes cuit No. 13; the lowest was 29, on Circuit No. 28. determined on each day of sitting was 175, on Cir The causes determined in court were in the proportion of 58.5 per cent. to the total number of plaints entered, leaving 41.5 per cent. as the proportion settled out of court. In 1867 these proportions were 575 and 42:5; in 1866, 55'9 and 44'1; in 1865, 554 and 446; in 1864, 56'4 and 436; in 1863, 55'3 and 447, respectively. Of the judgments given, 969 per cent. were for the plaintiff, 1.5 per cent. were nonsuits, and 16 per cent were for the defendant. In 1867 these proportions were 96·6, 1·7, and 1·7; in each of the years 1866 and 1865, 96-2, 19 and 19; in 1864, 959, 21, and 20 per cent. The number of debtors imprisoned gives one for 101 of the number of plaints entered with the cases sent from the Superior Courts included. In 1867 the proportion was one for 112; in 1866, one for 115; in 1865, one for 123; in 1864, one for 113; for the average of the years 1859-63, one for 95. The total amount for which plaints were entered in 1868 shows an increase of 382.2971., or 174 per cent., on the amount for the preceding year, following an increase of 142,1211., or 60 per cent., in 1867 on the amount for 1866, and of 205,6051. or 11.1 per cent., in 1866 on the amount for 1865. The average for each plaint entered in 1868 is 21. 1s. 3d., against 21. 6s. 7d., in 1867; 2l. 78. in 1866, and 21. 7s. 2d. in 1865. The amount of debt for which judgment was obtained on original hearings is little more than half (513 per cent.) of the total amount for which plaints were entered. In 1867 this proportion was 52.2 per cent.; in 1866, 511 per cent.; in 1865, 50-2 per cent.; in 1864, 557 per cent. The amount of costs shows an increase of 11,4357., or 24-2 per cent., upon the amount for 1867, following an increase of 3.7251. or 85 per cent., in 1867, upon the amount for 1866, and of 5,7421. or 15.2 per cent., in 1866, upon the amount in 1865. The costs are 44 per cent. of the amount of debt for which judgment was obtained; on original hearings, against 41 per cent. in each of the two preceding years. The amount of fees shows an increase of 42,7401., or 13.7 per cent., upon the amount in 1867, following an increase of 23,3821., or 81 per cent., in 1867, upon the amount for 1866, and of 30,5781., or 11.8 per cent in 1866, upon the amount for 1865. EQUITY JURISDICTION. The following are the totals, under the different headings in the returns, of the proceedings in equity of the whole of the County Courts, for each of the years 1868 and 1867, with the totals of the proceedings from the commencement of the opera ion of the Act on Oct. 1, 1865 to Dec. 31, 1866: 1868. ། 1867. for the consideration of the subject, and a the social scale and in the rewards reserved for scheme for the formation of a Legal University it is to entail a longer course of study and a in London as the first step towards such an end. severer test, the rise from one to the other The committee report that the Profession gene- becomes more natural. At present, there is no rally approves the suggestion of a Central Law connection between the two. If an attorney University, but is by no means unanimous with wishes to become a barrister he must first have regard to "an amalgamation of the two branches his name struck off the rolls, and must then or the combination in the same individual of the qualify for a call by keeping terms for three duties of both branches." This, however, is what years, and attending either chambers or lectures, or passing an examination. In the same way a in our opinion the public interest demands. It is, that there should be some means of testing their articled. None of the time passed in studying no doubt, highly useful to barristers themselves barrister must be disbarred before he can be capacity, and that those who are the most for one branch is counted by the other. Accordcapable should have an opportunity of distin-ing to the present scheme, a course of study in guishing themselves without waiting on the sons an attorney's office is to be recognised as part of and brothers of attorneys. The attorneys, in a barrister's qualification. This, again, gives us like manner, may justly complain that as things a point of contact between the two branches. stand they have to go through a regular appren- It has already been found that a year or two ticeship and pass examinations, while the bar- with an attorney is an extremely serviceable rister has only to eat a few bad dinners and part of a barrister's training. We believe one of attend as many unprofitable lectures. But these our present Judges started as an attorney. A evils, though they may be felt in turn by both late Attorney-General was articled in his father's branches of the Profession, do not at all exhaust office. One of the leading juniors on the Home the list. There is the further complaint on the Circuit owes much of his success to the same part of the barrister that he is wholly dependent cause. The insight into the mechanism of law as on the attorney for the materials of his case, a business which is thus gained, has its effects on that he is forbidden by the rules of his profession the subsequent practice of law as a science. This to see his client, to volunteer information may be but a very gradual convergence of the two which may be necessary for success, to branches, and, indeed, the committee have test the credibility of witnesses for whom altogether postponed the consideration of any he must vouch to the jury. On the other actual fusion. But when lines cease to be hand, the attorney complains that when he parallel, they must meet some time or other if has done his utmost with a case he must prolonged at both ends, and the ultimate tentransfer it to some one who has no interest in it, dency of the present scheme is to bring the two who perhaps does not read it through, who branches together. No doubt, long before they sometimes makes a compromise without autho- actually join, many other distinctions will have rity, and who is not responsible for the grossest to be abolished. The attorneys will not always negligence. Between the two complaints the be tied down by such strict rules as to their public suffers. In either case it is the client fees, and the barristers will not always be that is sacrificed. The man who is made to pay limited to a honorarium. The payment of both the two fees falls between the two stools. The ought to be arranged on a different scale. At preinjustice of excluding attorneys from all the sent neither of them make their incomes by their chief legal appointments is no doubt felt by real work, for that is insufficiently remunerated. them alone, but it is none the less real, and it The attorney gets the same fee for signing a carries with it a diminution of social status cheque or reading a letter as for answering a which is a clog upon the whole of that branch difficult question of mixed law and fact which of the profession. It is said that the attorney needs all his learning and experience. makes up for this by earning money more barrister earns as much by going before a Judge quickly than the barrister, and that the bar-in Chambers and obtaining leave to plead several rister ought to be rewarded for his early disappointments by "high patronage late in life." No doubt there are compensations in all the £82,622 troubles of life, but that does not prove that life £6,003 is perfect. It might be better if the barrister could also earn money when he was young, and £1,052 yet there would be no reason why he should forfeit his subsequent chance of patronage. If a man is fit for both, why is he to be restsicted to one? Why is he to remain idle in youth, or be incapable of a rise in manhood, unless it be for the public interest that tried ability should not have the stimulus of hope, and growing ability should be pressed down under the load of disappointment? It is said that a division of labour is necessary in the legal profession, that an attorney in large practice keeps different clerks for different kinds of work, and that barristers also devote themselves to special subjects. If, therefore, the distinction between barristers and attorneys is to be abolished, fortiori all these minor distinctions must go with it. But this is just what will not follow. At present there are arbitrary distinctions as well as necessary distinctions, the first being the creatures of law, the second those of practical convenience. It cannot be thought that if barristers were to be allowed to take their instructions from clients, and attorneys were to be allowed to practise in court, the next step would be for Chancery barristers to be defending prisoners at the Old Bailey, and for the Bar of the Middlesex Sessions to migrate in a body to the House of Lords. There might be other inconveniences in a simple fusion of the two branches of the Profession as they stand at present. The change would be too sweeping to be unaccompanied with matters of grave doubt and difficulty. But we hope before long to see the principle conceded. The details may be worked out more slowly. Total number of equitable suits or proceedings... Number of plaints entered 112 For de ivering up or cancel ling any agreement for sale 9 For the dissolution or wind ing-up of a partnership 54 55 543 518 The number of plaints entered in this court in 1868 was 14,933, against 11,739 in the preceding year, showing an increase of 3194, or 27-2 per cent. There were further, in 1868, 78 cases sent for trial from the Superior Courts. The number of causes determined in 1868 was-with a jury, 46; without a jury, 6749; against 58, and 5574 in 1867. The number of judgments was 6825, against 5632. There were 1223 judgment summonses issued, and 509 heard, against 1021 and 418 in 1867. There were 279 warrants of commitment issued, and 33 debtors imprisoned, against 231 and 50; 1861 executions against goods issued, and 30 sales made, against 1386, and 19. The total amount for which plaints were entered was 63,3921., against 42,6517. The amounts for which judgments were obtained by plaintiffs on original hearings were, debts 27,7861., costs 23671. The total amount of fees 78001., against 18,8581., 15321., and 54001., respectively, in 1867. BARRISTERS AND ATTORNEYS. (From the Spectator.) THE project of fusing the two branches of the Legal Profession, which has often been started, and which has been lately brought into more active discussion by the Liverpool Law Society, seems likely to lead to some practical results, though of an indirect rather than of a direct nature. Some time ago we gave a short sketch of Mr. JEVONS's proposal. We have now before us the report of a committee which was formed The report to which we have alluded proposes that there should be a Central University of Law for both branches of the Profession. No one should be entitled to practise either as attorney or barrister without taking the degree of Associate of Laws for the first, and of Bachelor of Laws for the second. We think that in this we may trace the germ of a future amalgamation of the two branches. If the education of both is to be the same, but the one which is higher in The matters, as by waiting in court for ten days while the cases that stand before his are being disposed of. We hear occasionally of immense charges for marriage settlements, and exorbitant fees in heavy cases. But if lawyers were able to bargain, could charge the real value of their work in one case, and do without any fee in another, such payments would be more evenly distributed. Lord Westbury's Bill to enable attorneys to dispense with the regular scale would have this effect so far as they were concerned. Unfortunately, the Profession was against that scheme, and nothing has yet been devised to touch the sacred honorarium of barristers. be done with a view to the fusion of the two There can be little doubt that whatever may branches, the present division of labour will continue. Perhaps the effect of a change will be to extend it. The preparation of a case will still rest with the man who is versed in business details, but he will not think it necessary to carry the case himself through all its stages. Indeed, if by accident the business details were to be entrusted to the wrong man, he would have the simple remedy of transferring them to another. Barristers in large practice could not done for nothing, as is so much the case at precount on having the greater part of their work sent, but they will be able to make over a minimum of the gains together with the maximum of the business. We question if this would not be a more healthy system, as far as the Profes sion is concerned, than the one which is now in vogue. But the real point to be considered is the country be better or worse done if these the public interest. Would the legal work of arbitrary distinctions were abolished? We think it would be done better. As things stand, the work is portioned out, not with regard to practical difficulty, but to theoretical fitness. An attorney can conduct the case against the Overend and Gurney directors before the LORD MAYOR, and can be highly complimented on the skill with which he has presented it to the court, but when the very same case comes on before the LORD CHIEF JUSTICE, Mr. LEWIS can be heard no longer. An immense amount of Chancery business is transacted by the chief clerks, and as barristers will not go before those who were originally solicitors, solicitors have to appear and Mr. R. H. Bristowe Macmullen, the hon. secretary and solicitor of the Paddington District Conservative Association, attended to watch the PUBLIC COMPANIES. RAILWAY COMPANIES. argue. But should any case be referred from the chief clerks, but because barristers have an exclusive audience. Of course, a solicitor may feel that he is unfitted to argue a case, just as a barrister may feel that he is unfitted to get up the necessary evidence. But the converse may sometimes occur. An attorney may learn by experience that he is more fitted for work in court than for office work, and a barrister may find that his presence of mind always deserts him as soon as he is on his legs. Under present circumstances, the first can only practise in County Courts and before magistrates; the other must restrict himself to chamber practice, which is not always of a very lucrative order. There is no other remedy. It is all very well to say that both branches of the Profession are open to all the world, but a man who has committed himself to one does not care to throw away all his time and money and start afresh in the other. If there was even a simple and ready means of transition from one to the other, some improvement would be made. Yet here again the interests of the Profession would be advanced, rather than those of the public, though the public would benefit indirectly from anything that rendered the Profession more practically useful. A simple and economical division of labour would serve the public best, and the Profession need hardly fear an injury to itself from a scheme nursed in its own bosom, and countenanced by the ablest of its leaders. ELECTION LAW. THE REGISTRATION COURTS. Mr. P. Le Breton, the revising barrister for the borough of Lambeth, opened his court on Wednesday at the Vestry-hall, Kennington. Mr. T. Gilbert, Victoria-street, appeared on behalf of the Conservative Registration Society; and Mr. R. Hartwell appeared on behalf of the Lambeth Lodger Registration Committee. The Liberal and Radical parties in the borough were not represented. Mr. Macmullen inquired of the revising barrister what course he proposed to adopt with reference to the lodger claimants. Mr. Bacon, in reply, stated that he should carry out the same principle as he had adopted in Chelsea at the revision last year, and if the lodger claimants did not attend to support their claims, or send some one with whom they were well acquainted, he should, on proceeding with the list, strike off their names. After some further conversation, the revising barrister proceeded to hear the claims of those lodgers who were then present. The revision of the voters' list for the county of Sussex has been fixed to take place as follows:For East Sussex, before Mr. Charles Edward Jemmett: At Uckfield, on the 29th inst.; Mayfield, 30th inst.; East Grinstead, 1st Oct.; Battle, 4th; Hastings, 5th; Hailsham, 8th; Rye, 12th; Lewes, 14th; Cuckfield, 18th; Brighton 20th. For West Sussex, before Mr. Chas. Hance: Horsham, 21st inst.; Petworth, 23rd; Midhurst 24th; Chichester, 27th; Arundel, 28th; Worthing, 29th; and Steyning, 30th. FEMALE VOTERS AT LEICESTER.-The borough of Leicester (the population of which numbers about 80,000 inhabitants) has a burgess roll of over 16,000 persons, of whom between 2000 and 3000 were female voters. Having in view the forthcoming municipal elections, at which females will be allowed to vote for the first time, the ladies have already begun to bestir themselves, and in one of the large wards a females' association has been formed with one of the fair sex as president. The political creed of the association is said to be 'thoroughly independent." LODGER CLAIMS.-It is remarkable how very few claims have been made in the metropolis by lodgers renting apartments of the value of 101. per annum to be registered under the provisions of the Reform Act of 1867. In some parishes there have been no claims at all. In Mile-end Old Town, containing 65,000 inhabitants, and in which there are at least 3000 lodgers qualified to vote, There were only 67 householders' claims, 176 only twenty-two claims have been sent in, although Conservative objections, and 294 lodger claims. Mr. Southwell, the town clerk of the hamlet, pubThe Revising Barrister remarked that there was lished self-explanatory printed forms, and they little to do to all appearance, the number of claims were liberally supplied to anyone applying for and objections being very considerably under that them. In the adjoining hamlet of Ratcliff, with a of last year. He was desirous to give every facility population of 17,000, and with 1000 or more qualifor lodgers to establish their claims; and, there-fied lodgers, only two claims have been forwarded fore, he had determined to hold a special court on to the overseers, one by a Conservative, the other Saturday afternoon next, at three o'clock. He by a Radical Registration Association. In the would, however, take any lodgers' claims who parish of St. George-in-the-East, with a population attended during the day. of 40,000, and 2000 of them qualified to vote as lodgers, only nine claims have been made. Thus, in three parishes, containing a population of 142,000 souls and 6000 lodger voters, only thirtythree claims have been made. Mr. Hartwell expressed satisfaction at the revising barrister's consideration for the lodgers; but he thought that the lodger franchise under the present system was a delusion and a sham. The clauses in the Reform Bill relating to the lodgers required extensive alteration to render them of much use or advantage. ESTATE AND INVESTMENT JOURNAL. STOCK AND SHARE MARKETS. Melbourne and Hudson's Bay.-A dividend at Monmouthshire.-An ordinary dividend at the rate of four per cent. per annum. Sambre and Meuse.-A dividend of 4s. per share payable on the 1st Oct. the ordinary stock. West Cornwall.-A dividend of 21 per cent. on BANKS. Hong Kong and Shanghai.-A dividend at the rate of 12 per cent. per annum. London and Middlesex Bank (Limited).—A final distribution of 5s. per share, making 21. 5s. per 101. share, has been made by the liquidators. Merchant of London.-An interim dividend at the rate of 5 per cent. per annum. Oriental Commercial Bank (Limited.) — An eighth dividend of 1s. 6d. in the pound (making 13s.) is payable to the creditors at the offices of Messrs. Cooper Brothers and Co. FINANCE, CREDIT, AND DISCOUNT COMPANY. City Discount (Limited and Reduced).-A first dividend of 4s. in the pound is announced. ASSURANCE COMPANIES. Albert Life Assurance.-Mr. Price has issued a memorandum to the policy-holders denying that the proposed arrangement is unduly favourable to the shareholders. He believes the assets would not be increased if the shareholders' liability were unlimited; and there is a strong feeling in favour of a transfer of the business. He also suggests that a committee should be formed to give him counsel and assistance. International Life Assurance.-A call of 51. per share is announced by the official liquidator. Rock Life.-A dividend and bonus together of 4s. per share. MISCELLANEOUS COMPANIES. Lower Assam Company.-A call of 5s. per share is payable on the 1st Oct. Monarch Building Society.-5 per cent. interest has been paid, and a further 5 per cent. bonus is recommended. Surrey Commercial Dock.-A dividend of 3 per cent. MINING COMPANIES. NOTES OF NEW DECISIONS. PRACTICE JURISDICTION-DEMURRER-OBTAINING MONEY ON FALSE REPRESENTATIONS.— B. told R. that he was going to advance money to two persons on the security of a bill at three months, and represented them to be perfectly solvent and the bill a good security, knowing at the time that they were insolvent, and that the bill would be dishonoured, which it was. R. having advanced money on the faith of such representations, filed a bill alleging that he was induced to advance it on representations made by B., which he knew to be untrue, the transaction being part of a scheme to apply, as he had applied, the money for purposes of his own. A Fri. Sat. Mon Tues Wed. Thur general demurrer to this bill overruled, on the ground that, although there was a legal remedy, there was concurrent jurisdiction in equity: (Ramshire v. Bolton, 21 L. T. Rep. N. S. 50. V.C. M.) THE Money Market has fully recovered from The following were the fluctuations: Bank of England Stock 244) 3 The court then proceeded with the lists of householders, the first taken being that of St. Giles's, Camberwell, in which there were 41 claims and 3 objections. Of the claims 36 were sustained, and the three persons objected to were struck out The overseers' objections from deaths, removals, and non-payment of rates were then disposed of, and the list passed as correct. The list for St. Mary's, Newington, in which there were 173 objections taken by the Conservative agent was next taken. Of these 160 were sustained, there being no agent present on the Liberal side to defend the retaining of the names. Out of 15 Conservative claims, 14 were sustained. The overseers' objec-3 Cent. Cons. Ann... tions and alterations were then taken, and a few names having been struck out from deaths, removals, or non-payment of rates, the list was declared 5 Cent. Annuities complete. The list of St. Mary's, Lambeth, was next taken, containing the names of 16,000 voters. There were only 11 claims, and no objections by agents. Six of the claims were allowed. overseers' objections from deaths, removals, and non-payment of rates were then taken and disposed of, occupying some time, and the list was declared complete. The barrister complimented the overseers of the different parishes on the excellent manner in which they had prepared the lists of voters, which had been a considerable saving to the time of the court. Having been enabled to get through the householders' lists in one day, he should adjourn the court until Saturday afternoon at three o'clock, when he would take the lodger lists. The number of lodger claims during the day was 20, and all were allowed. MARYLEBONE. The Mr. F. H. Bacon, the revising barrister for the borough of Marylebone, attended at the Vestryhall, Harrow-road, Paddington, for the purpose of vising the list of voters for that parish. 5 Cents. Jan. 1873 Ann. 30 years exp. April 5, 1885 244 91 914 92 92 244 91 91 91te 921 921 921 ADMINISTRATION INSUFFICIENT ESTATE. 915 91 91 91 91 91 Where there are contingent annuities given by Do. exp. Jan. 5, 1880 Cent. 1888 India Bonds (10001.) 4 per Cent. Do. (under 10001.) 4 per Do. 5001. a testator's will, and his estate turns out to be insufficient for the due payment of them, and some of the annuitants have died, the amount of the several annuities is to be estimated at the value of the respective annuities at the death of the testator, and the sums subsequently paid to 92 923 the annuitants on account of the annuities to be deducted from that amount. The rule as adopted in Todd v. Beilby. 27 Beav. 353, followed: (Potts v. Smith, 21 L. T. Rep. N. S. 54. V.C. J.) 210 993 99% 114 114 114 2104 212 100 100 ARTICLES EXEMPT FROM SEIZURE IN EXECUTION. The following remarks by an American judge on Although an American statute are of interest : I was inclined to think at first that the words ordinarily used in the debtor's occupation was intended to exempt merely such goods as were in actual and daily use, and that when he had manifested an intention to abandon their use by a June, 3 per cent., 103. p.m. 1 e June 3 per cent., 8. pm. selling them, that they ipso facto became subject b March, 2 per cent., 28. pm. June, 3 per cent., 68. pm. d Premium.j e Ex. div. to seizure for the payment of his debts, I am, however, now inclined to think that those words in the sixth paragraph of the 4th section are merely descriptive, intended by general language to take in articles of various kinds suited to the debtor's occupation, as the anvil, bellows, hammers, &c., of a blacksmith; the bench, planes, saws, &c., of a carpenter, the horse of a pedler, the loom, shuttles, &c., of a weaver, and such like. The words ordinarily used should be read ordinarily required or employed in the particular occupation. I do not think now that they have reference to the actual employment of the chattels by the debtor. That their use is to restrict the sense of the broad term chattels; if the word chattels' were not used the 6th head of the 4th section would read thus, tools and implements of the debtor's occupation to the value of 60 dols.,' and that, as respects tools is the proper reading of the section, the words ordinarily used in being solely applicable with the words or chattels. If exempt then from seizure the execution could not bind them in the debtor's hands or in the hands of the claimant, as he could (without, i.e. in the absence of, intentional fraud) make a valid sale of them to whomsoever he pleased, for he was free to sell them, and a bona fide purchaser is protected. A workman, of course, is not bound to keep the same tools all the days of his life, nor a pedler the same horse which would be exempted, after he is broken down, or if he for any reason thinks, as pedlers do sometimes think, he could better himself by an exchange or sale: indeed, a man might be so necessitous as to require to pawn or sell his tools to procure food for his family, and a hundred things might occur to show that this view is correct. CREDITORS UNDER ESTATES IN CHANCERY. BASSETT (Eliza), 8, Weedington-road, St. Pancras. Oct. 30; at twelve. at one. JONES (Evan Valentine), Kerry, Ireland. Oct. 11; T. W. twelve. CREDITORS UNDER 22 & 23 VICT. c. 35 Last day of Claim, and to whom Particulars to be sent. BUTTERFIELD (Walter), Gray's-inn, London. Sept. 29; Tucker, New, and Co., solicitors, 4, King-street, Cheapside. CALE (John), Shareshill, Stafford. Nov. 15; J. Riley, solicitor, 32, Queen-street, Wolverhampton. CALVERT (Robert), Lord Nelson inn, Walmgate, York. Dec 1: Robert Dale, solicitor, Museum-street, York. CUNNINGHAM (Jas. A.), Essex Head, Essex-street, Strand. Oct. 24; W. Rutter, solicitor, 4, King's Bench-walk, Temple. DEANE Wm.), Lower Norwood, Surrey. Oct 6; Oliverson, Peachey, and Co., solicitors, 8, Frederick's-place. Old Jewry. sex. DYNE (Francis B.), Gore Court, Tunstall, Kent. Oct. 30 Oct. 31; HORTON Mary Ann), Highbury. Nov. 1; S. Potter, solicitor, 36, King-street, Cheapside. JACOB (John), $33, City-road, Middlesex. Oct. 24; W. Rutter, JONES (W. D.), Laneych, Pembroke. Oct. 16; Jenkins and Evans, solicitors, Cardigan. JOWETT Mrs Mary). Stamford House, Ashton-under-Lyne. Nov. 10; Earle, Son, Orford, and Co., solicitors, Brown KIMBER (John), Portsmouth. Oct. 23; Edgcombe and Cole, street, Manchester. solicitors, Portsea, Hants street, E.C. LAMB (Jno S, M.D), 504, Edgware-road, Middlesex. Oct. 9; Southwark, S SLATER (James), Wine Office Court, Fleet-street. Sept. 20; Soames and Thompson, solicitors, 17, Moorgate-street, WALKER (Miss Charlotte), Burgess, Bromyard. Nov. 1; T. Barnby, solicitor, 38, Foregate-street, Worcester. WAVER Mary), Town Walls, Shrewsbury. Nov. 2; C. D. and A. Craig, solicitors, hrewsbury. WOLLETT (Jno. F. S.), 20, The Terrace, Kennington-park, Lambeth. Oct. 15; Lawrence, Plews, and Co., solicitors, 11, Old Jewry-chambers, E.C. UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to cach, in three months, unless other claimants sooner appear.] BALL (Henry), Temple, London. Dividend on 5297, 68, 8d. Reduced Three per Cent. Annuities. Claimant, William P. Jones. BARNETT (Wm.), Birchin-lane, E.C. Dividend on 247. 8s. 8d. Reduced Three per Cent. Claimant, Georgina G. Lindsay. BOURNE (George D.), Rev., Weston Subedge, Gloucestershire. Dividend on 657. 178. Consolidated Three per Cent. Annuities. Claimants, Rev. G. D. Bourne, Nathan Izod, and Charles W. Morris. VAUGHTON (Rev. R. R.), Yeldersley-house, Derby. Dividend on 207. 168. 2d. Consolidated Three per Cent. Annuities. Claimants, Hannah Wildsmith and Lorenzo Secker. THE BENCH AND THE BAR. THE LAST OF THE KNIGHTS.-The chivalry of the United Kingdom has received a distinguished addition. Her Majesty has been pleased to direct letters patent to be passed under the Great Seal, rranting the dignity of a knight of the United Kingdom to William Richard Drake, of Oatlands. lodge, in the county of Surrey, Esq. Nothing could be more gratifying to a branch of the legal profession on which titles seldom descend. Mr. W. R. Drake is a solicitor, and solicitors are seldom knighted, as for other reasons so perhaps because the judges, often including the chief justices, as at this moment, never attain higher civil honours. But there is no reason in the nature of things why a highly respectable solicitor should not be knighted. It was in the City considered a breach of social or civic etiquette when two aldermen who had been lord mayors recently accepted a mere knighthood. But if anybody likes to be knighted, considering who are often knighted, we may perhaps admire the taste of those who receive, yet we should scarcely question the disdoubtful honour. As we have said, we rather like cretion of those who bestow, this somewhat the notion of a solicitor winning spurs; and Mr. Drake is as good a solicitor, for aught we know, as any other gentleman one &c. on the Law List. To say the truth, we never heard of Mr. Drake or of the respectable firm of Birch, Dalrymple, Drake, and Co., of which the new knight is the junior partner. That is to say, we were not bound to know his merits. We are told that Mr. Drake has done great services to the Liberal party." Though of the Liberal party ourselves, we do not profess to be initiated in, or familiar with, the secrets of that party. Perhaps we are not worthy to know them; so much the better for us. We therefore look at Sir W. R. Drake and the Liberal party, and the services rendered to them by Sir William, or by anybody else, very much ab extra. We can only wonder what those services are. perfectly unknown to us, and we believe to the As a public man Mr. Drake was outside world. Orator, publicist, statistician, drafter of bills, collector of social facts, skilled in foreign or domestic policy, Mr. Drake may be, and we dare say is. But this fame of his has country; but his country, in this case as in other Mr. Drake may have served his cases, knows not of its hidden heroes, its secret benefactors. The authorised journals tell us that it is understood that this honour has been conferred at the instance of Mr. Gladstone as a not reached us. personal recognition of the services rendered to the Liberal party by Mr. Drake during the several years of close and confidential relations which have existed between him and its recognised representatives." Here we recognise not only "Mr. Gladstone's instance," whatever that may be, but the grand Gladstonian style in all its sonorous superabundance of sesquipedalian words-to take recognise something else-Mr. Gladstone's earnest a feather from Mr. Gladstone's wing. And we outspokenness. We dare say that the Liberal party does owe a great deal to Mr. Drake. The Liberal party owed a great deal to Mr. Coppock. Not that we have the least reason to suppose that Mr. Drake is in any special sense a successor to Mr. Coppock; only, if there is a difference, it might be well to have it explained. Every party owes a great deal to its confidential agents. There must be a good deal of party work done by active partisans, which work requires special instruments. Those instruments must be peculiar; the work to be done is, as they say, delicate and difficult, and Oct. 12; C. Mott, solicitor, St. Paul's-chambers, 15, Pater the work approaches the confines of the shaky; to do it requires peculiar qualities. Sometimes man, solicitor, 193, Parrock's reet, Gravesend. sometimes, it is thought of the dirty. As far as we have heard, this sort of work is commonly supposed to mean electioneering work, which is not always clean work; it means also dealing with doubtful allies, staving off unpleasant contingencies, coaxing and manipulating and arranging and so on. Services rendered to a great political party are often confused in popular estimation with the Man in the Moon and that sort of thing. In Sir W. R. Drake's case any such association or confusion of ideas would be very unjust, we make no doubt. But still the popular opinion remains; and in its teeth it reflects great credit on Mr. Gladstone's hatred of reticence, and of course on his discretion, not only that he gets a confidential agent and servant of his party knighted, but at once says why he is knighted. That Mr. Drake deserves his honours, though not perhaps so much as the first knightly Drake, we make no doubt. But it is awkward that the Queen's name should be introduced into the matter. The Queen is the fountain of honour, and from the Queen that honour flows into the channel which the present Drake, Knt., adorns. But then, it comes to this, that services rendered to the Liberal party include private services, and from the nature of the case, secret services are not to be considered equivalent to services rendered to the Crown and State and public weal. This is not the right use to make of the Sovereign's prerogative of conferring titles. By theory every title is conferred for services rendered either to the great body poli tic or to the Crown personally. Costa is knighted because he is supposed to have done service to the whole people, Whig and Tory alike, i. e. he is knighted in recognition of his public service. A provincial mayor is knighted because he has exhi bited great diligence and circumspection in the discharge of public and official duties. A valuable servant or physician of the court is knighted or baroneted for services rendered to the Sovereign personally. Into none of these categories can we force Sir W. R. Drake. And as he at present forms the only precedent for his own special honours, we are obliged to Mr. Gladstone for announcing his qualifications. The announcement is well fitted to encourage the activity of a class which we had begun to think was quite active enough. We can only regret that Mr. Gladstone has not instructed his organs to obviate possible misconstruction by explaining more precisely the nature of those "services rendered to the Liberal party" which have been deemed worthy of this very exceptional, and perhaps exceptionable, recognition.-Saturday Review. MAGISTRATE AND PARISH LAWYER. NOTES ON NEW DECISIONS. NUISANCE-POLLUTION OF STREAM-ABATEMENT. A corporation had erected certain works so that the sewage of the town flowed into an ancient brook, which passed the mills of a manufactory, and thereby the brook or stream was so far polluted as to affect the health of the workmen and others in the manufactories residing in the neighbourhood of the stream, and also affected the property of the manufac turers. The balance of the scientific evidence ration caused a nuisance and was injurious to proving that what had been done by the corpothe public health: Held, that the relators were entitled to an immediate injunction to restrain any further extension of the works by which and a further injunction (to commence the 1st the pollution of the stream had been caused, June 1870) to allow time to the corporation to apply to Parliament for additional powers if so advised), against causing the sewage to pass by General v. The Corporation of Halifax, 21 L. T. or through the present outfalls; (AttorneyRep. N. S. 52. V.C. J.) MUNICIPAL ELECTION-BRIBERY.-Sect. 2 of 17 & 18 Vict, c. 102, extended by 22 Vict c. 35, to municipal elections. A person is to be deemed guilty of bribery who shall give, lend, &c. or shall offer, promise, or promise to procure, or to endeavour to procure any money or valuable consideration to or for refrain from voting, &c. On the morning of an any voter, in order to induce any voter to vote or election B. went to C., a voter, who told him that he did not intend to vote, when B. said he should be remunerated for loss of time. This was held to be bribery within the above cited clause: (Simpson v. Veend, 11 L. T. Rep. N. S. 56. Q. B.) The Manchester magistrates have suspended not less than 388 beerhouse licences. These sussideration at a future sessions. pendel cases will, of course. come on for recon |