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DICKESON, JOHN GEORGE, Durham, Cowkeeper Durham Amended notice substituted for that published in the
London Gazette of Aug. 31 :
STOCKEN, HERBERT HEATHER HARRISON, Central Markets,
Wrexham Pet Dec 30 Ord Dec 30 ARROWSUCH, JOB, Cannock, Staffs, Greengrocer Jan 12 at
Butcher High Court Pet July 23 Ord Aug 19 FRASER, WILLIAM FAIRBAIBN, Bootle, Lancs, General Merat 11 Off Rec, Walsall
chant Liverpool Pet Nov 29 Ord Dec 31
Hobson, WILLIAM, Woolford Bury, Lancs Bolton Pet
All letters intended for publication in the
HOWARD, WILLIAM, Crewe, Butcher Nantwich Pet Dec
Ord Dec 30 12 Chamber of Commerce, 145, Cheapside
“Solicitors' Jo al" must be authenticated Caunter, NELSON SNELLING, Sutton Coldfield, Bank
INGLETON, FREDERICK BEECH, Newport, Mon, Commission Manager Jan 13 at 11 171, Corporation st, Birming- Knight, JOSEPH John, Brixham, Devon, Fisherman PlyAgent Newport, Mon Pet Dec 13' Ord Dec 30
by the name of the writer. ham
mouth Pet Dec 31 Ord Dec 31 CRICK, Joux Henry, Mildenhall, Suffolk, Shopkeeper LEASK, HOWARD Hooper, Victoria st, Insurance Agent Jan 28 at 11.30 Angel Hotel, Bury St Edmunds
Where difficulty is experienced in procuring the DAVIDSON, JOHN ANDREW, Low Harker, nr Carlisle, Farmer
High Court Pet Nov 6 Ord Jan 1 Jan 18 at 12 Off Rec, 34, Fisher st, Carlisle
LEBOWIDGE, DAVID, Leeds, Grocer Leeds Pet Dec 30 Ord
Journal with regular ity, it is requested that Draper Jan 12 at 11 Cooper & Co, 145, Cheapside
mouth Pet Dec 30 Ord Dec 30 FAWCETT, CHArles Arthur, Dewsbury Jan 13 at 11
application be made direct to the Publisher. Off Rec, 22, Park row, Leeds
MORGAN, WARTON EDGAR, Chancery lane, Public house Fixcu, WILLIAM HENRY, jun, Lowestoft Jan 11 at 10.20
Broker High Court Pet July 9 Ord Dec 30 Lovewell Blake, South Quay, Great Yarmouth
MORRIS, GEORGE, Morchard Bishop, Deven, Farmer
Exeter Pet Dec 17 Ord Dec 31
Owen, BENJAMIN, Wrexham, Builder Wrexham Pet Nov
5 Ord Dec 30
Owen, RICHARD, Bryagwran, Anglesey, Licensed Victual
ler Bangor Pet Dec 21 Ord Dec 30 ati County Court house, Blackburn
Peckitt, FREDERICK, Barnsley, Yorks, Draper
Pet Dec 30 Ord Dec 31
PAILBRICK, HORACE, Southampton, Solicitor Southampton
Pet Nov 8 Ord Dec 31
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POYNTON, RICHARD HERBERT, Smisby,' Derbys, Butcher
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RADFORD, GEORGE WILLIAM, Southampton row, Law Clerk
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Revell, ERNEST ALBERT, Alrewas, Stafford, Painter OFFICES BOARD ROOMS
Plymouth Pet Dec 23 Ord Dec 30
Jan 11 at 12 Off Rec, 4, Pavilion bldgs, Brighton
RICHARDS, HARRY, Landport, Tobacconist Portsmouth
Pet Dec 30 Ord Dec 30
COMMITTEE ROOMS BANKS Woollen Manufacturers Jan 12 at 12 Off Rec, 22, Leicester Pet Dec 30 Ord Dec 30
Park row, Leeds
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ROSEMAN, AARON ERNEST, Dowlais, Furniture Dealer
Merthyr Tidfil Pet Dec 29 Ord Dec 30 LUCAS, JOSEPH, Wollaston, Northamptons, Engineer Jan
SEVERS, John, Kendal, Fish Merchant Kendal Pet Dec 30 11 at 11 County Court bldgs, Sheep st, Northampton Ord Dec 30
Newtown MILLICHAMP, Robert GEORGE, Weston Beggard, Here
Shelton, Thomas, Llanwnog, Schoolmaster
Pet Dec 21 Ord Jan 1 fords, Farmer Jan 11 at 11 2, Offa st, Hereford MORTIMORE, ANDREW GEORGE, Kingsteignton, Devon,
SAERWOOD, THOMAS, Manchester, Accountant Manchester
Pet Dec 22 Ord Dec 30
ROLL TOP TABLES
Pet Nov 25 Ord Dec 31
Simpson, CHARLES, Walworth, Salesman High Court Pet
Nov 13 Ord Dec 30 14 at 11.30 Off Rec, 30, Mosley st, Newcastle on
SLATER, HENRY, Great Grimsby, Blacksmith Tyne
BOOK CASES AND CABINETS NORTH, ALFRED, West Bromwich, Baker Jan 14 at 2.5 SMITH, Arthur, Bradford, Grocer's Manager
Grimsby Pet Dec 31 Ord Dec 31
Bradford County Court, West Bromwich
Pet Dec 24 Ord Dec 31 PHARAOH, HENRY CHAMBERLAIN, Streatham, Builder Jan
WRITING CHAIRS EASY CHAIRS 13 at 3 30 24, Railway app, London Bridge
SOWERBY, GEORGE, Lemington, Northumberland, Company PRIESTLEY, Mallox, Wibsey, Bradford, Innkeeper Jan
Managing Director Newcastle on Tyne Pet Dec 30
Ord Dec 30 13 at 3.30 Off Rec, 31, Manor row, Bradford
TURKEY CARPETS Pogy, WILLIAM, Micbaelchurch Escley, Herefords, Inn
STARKINS, SARAH, Ma rtham, Nofolk, Laundress Gt Yar
mouth Pet Dec 1 Ord Jan 1
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Pet Dec 16 Ord Dec 30 SEAB, WILLIAM RICHARD, Harpole, Northamptons, Innkeeper Jan 11 at 10.30 County Court bldgs, Sheep st,
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Leicester Pet Dec 30 Ord Dec 30 SHAW, CHABLES, Sherwood, Notts, Gardener Jan 11 at 12
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veyor Preston Pet Dec 30 Ord Dec 30 SMITH, WILLIAN HENRY, Smethwick, Warwicks Jan 14 at
Woolsey, WILLIAM, Gt Yarmouth. Twine Spinner Gt
Yarmouth Pit Dec 31 Ord Dec 31 2 County Court, West Bromwich STABKINS, SARAH, Martham, Norfolk, Laundress Jan 11
at 10.30 Lovewell Blake, South Quay, Great Yar.
mouth TABEREB, AUSTIN, Derby, Plater Jan 11 at 2.30 Off Rec,
40, St Mary's gate, Derby TEOWXSELL, CHARLES MORRIS, Crawley, Sussex Jan 11 at
3 Off Kec, 4, Pavilion bldgs, Brighton TOCKER, JOSEPH, Crowhurst, Sussex, Farmer Jan 11 at 3
1, St Aldate's, Oxford WATKINSON, Thomas, Woodlesford, Yorks, Farmer Jan
13 at 11 Off Rec, 6, Bo ter, Wakefield
Off Rec, 29, Queen st, Cardiff
Jan 13 at 12 65, High st, Merthyr Tydfil
Jan 11 at 12.30 Off Rec, 1, Berridge st, Leicester WOOLBEY, WILLIAM, Great Yarmouth, Twine Spinner Jan
11 at 10.40 Lovewell Blake, South Quay, Great
Hanley Pet Feb 5 Ord Dec 22
dersfield Pet Dec 21 Ord Dec 31
Address (a postcard will do);
Dr. TIBBLES' VI-COCOA, Limited,
60, 61, & 62, Bunhill Row,
[Please mention this paper].
LONDON & PARIS
Study of Inebriety. Thirty years Experience Excellent BIRKBECK BANK
SAVE 50 TO 75
JEWELS AND SILVER PLATE, &c.
SPINK & SON, GOLDSMITHS AND SILVERSMITHS, 17 AND 18, PICCADILLY, W., and at 1 AND 2, 29, TEMPLE ST., WOLVERHAMPTON. GRACECHURCH-STREET, CORNHILL, LONDON, E.C., beg respectfully' to announce that they ACCURATELY Telegrams, "Deeds, Wolverhampton."
APPRAISE the above for the LEGAL PROFESSION or PURCHASE the same for cash if desired. Estab. HUNDREDS OF TESTIMONIALS.
lished 1772. arch 21, 1896.-From Messrs. Poole & Robinson, 15, Union- Under the patronage of H.M. The Queen and H.S.H. Prince Louis Battenberg, K.C.B.
court, Old Broad-street, London, E.C. Dear Sir,- We are very pleased with the Deed Boxes which
TREATMENT OF INEBRIETY. you recently supplied to us, and now inclose cheque for
THE COMPANIES ACTS, 1862 TO 1890. £36 6s. 6d., the amount of your account for same, which kindly receipt and return in due course. We shall be happy
DALRYMPLE HOME, o recommend your company to any of our friends who may
AUTHORITY. equire Deed Bc tes. Yours faithfully,
Every requisite under the above Acts supplied on the
shortest notice. Gentlemen,-The safe is duly to hand, and I am very
R. WELSH BRANTHWAITE, much pleased with it; and if it is as you guarantee, fire and urglar proof, I think it is marvellously cheap.
The BOOKS and FORMS kept in stock for immediate Wrought iron and steel Fire and Burglar Resisting, Un- TREATMENT OF INEBRIETY and ABUSE of DRUGS. speedily printed in the proper form for registration and
MEMORANDA and ARTICLES OF ASSOCIATION pickable, Wedgeproof Cash and Jewellery Safe.
distribution. SHARE CERTIFICATES, DEBENTURES, High. Wide. Deep. HIGH SHOT HOUSE, SE Tesigned and we trecuted. No Charge for Sketche No.B54.–20 by 14 by 14 in. *£2 10
B55.-22 by 15 by 15 in. * £2 15
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Stationes, Printers, Engravers, Registration Agents,
49, FLEET-STREET, LONDON, E.O. (corner # With 2 drawers and shelf. These are 5 to 6 inches less nside MELBOURNE HOUSE, LEICESTER.
Annual and other Returns Stamped and Filed. measurement.
PRIVATE HOME FOR LADIES. 2 in. Fire resisting chambers, best lever lock, duplicate keys. Medical Attendant : CHAS. J. BOND, F.R.C.S. Eng., Fitted with Chubb's Lock, 78. 60. each extra.
Lond. Principal: M.
Southampton-buildings, Chancery-lane, London, W.C.
PEE 60 GUINEAS
INVESTED FUNDS -. - £8,000,000. B957. 26 by 18 by 17 in. *6 2 0
Number of Accounts, 75,061. B958. 28 by 19 by 19 in. *6 12 6
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on DEPOSITS, repayable on demand.
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minimum monthly balances, when not drawn below £100. B963. 38 by 24 by 24 in. 09 10 0 B964. 40 by 25 by 24 in. #10 26
IN MERCHANT STEAMERS.
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sold for customers. * With i drawer.
FOR PROSPECTUS APPLY TO + With 2 drawers.
SAVINGS DEPARTMENT. # With 2 drawers and shelf.
Sma Deposits received, and Interest allowed monthly on 2} in. Fire resisting chambers,
each completed £1.
The BIRKBECK ALMANACK, with full particulars, best lever lock, duplicate keys
post free. Fitted with Chubb's Lock, EXTRACT FROM A LECTURE ON "FooDS AND THEIR
Telephone No. 65005. 78. 60. each extra. VALUES,” BY DR. ANDREW Wilson, F.R.S.E., &c.—"I 1 Telegraphic Address : “BIRKBECK, LONDON.” Any size safe and strong-room doors quoted for on application. any motives--first, of due regard for health, and second,
FRANCIS RAVENSCROFT, Manager Set of best tinned of getting full food-value for money
expended ---can be said
to weigh with us in choosing our foods, then I say that
AND SON, with strong iron stand
to replace tea and coffee without hesitation. Cocoa is a
food; tea and coffee are not foods. This is the whole
BY SPECIAL APPOINTMENT master key to pass the
To Her Majesty, the Lord Chancellor, the Whole of the lot. LONSDALE BUILDINGS, 27, CHANCERY LANE.
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Made of Best Tinned
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Prepared from finest ENGLISH MEATS returned.
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BRAND & CO., LTD., MAYFAIR, W., & MAYFAIR on Solicitors, Accountants, &c.
WORKS, VAUXHALL, LONDON, S.W.
BRAND & CO'S
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VOL. XLII., No. 11.
The Solicitors' Journal and Reporter.
LONDON, JANUARY 15, 1898.
The Editor cannot undertake to return rejected contributions, aud
copies should be kept of all articles sent by writers who are not on DEATH DUTY POLICIES–Payment Direct to Revenue Authorities before grant
the regular staff of the JOURNAL. of Probate.
Apply for Full Prospectus to
CURRENT TOPICS ..................................... 177 LAW STUDENTS' JOURNAL..................
183 THE LAW GUARANTEE AND TRUST SOCIETY,
THE REAL REPRESENTATIVE.....
THE LIABILITY OF TRUSTEES FOR
180 WINDING UP NOTICES
........................... 187 SUBSCRIBED CAPITAL £1,000,000. PAID-UP £100,000.
188 FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY
189 BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.
Cases Reported this Week.
In the Solicitors' Journal. Diederichsen v. Farquharson........ 162 HEAD OFFICE : 49, Chancery-lane, W.C. | CITY OFFICE : 56, Moorgate-street, E.C.
Lole and Another v. Betteridge. IMPORTANT TO SOLICITORS
Leeds and Hanley Theatre of Varieties
161 (Lim.) v. Broadbent...
165 In Drawing LEASES or MORTGAGES of
Thomas Edward Brinsmead & Co. LICENSED PROPERTY
In the Weekly Reporter. (Limited), In re. Tomlin's case ...... 171 To see that the Insurance Covenants include a policy covering the risk of An Arbitration between The London “Thrunscoe,” The
175 LOSS OR FORFEITURE OF THE LICENSE. Suitable clauses, settled by Counsel, can be obtained on application to
County Council and the City of Urban District Council of Handsworth
172 v. Derrington and Botteley THE LICENSES INSURANCE CORPORATION AND
........., 168 GUARANTES FUND, LIMITED, 24, MOORGATE STREET, LONDON, E.C.
CURRENT TOPICS. Mortgages Guaranteed on Licensed Properties promptly, without MR. SAMUEL AUGUSTUS MASON SATow has been appointed special valuation and at low rates.
deputy to act in the place of Mr. G. A. CROWDER, one of the ALLIANCE ASSURANCE COMPANY. masters in Mr. Justice Romer's chambers, who has obtained Established 1824. Capital, £5,000,000 Sterling.
three months' leave of absence on the ground of illness. Mr. HEAD OFFICE: BARTHOLOMEW LANE, LONDON.
SATOW was admitted in 1871.
LIFE AND FIRE INSURANCES AT MODERATE RATES.
WE ARE informed that the St. James's Vestry, adopting the Special forms of Policies have been prepared to provide for payment of ESTATE DUTIES. recommendation of their Law and Parliamentary Committee,
LEASEHOLD AND SINKING FUND POLICIES.
have decided to answer the communication from the London
County Council adversely to the Land Transfer Act, 1897, being LEGAL AND GENERAL LIFE ASSURANCE applied to London. SOCIETY
WE REFERRED last week to the breach of faith on the part of
the promoters of the Land Transfer Act, 1897, involved in the ESTABLISHED 1836.
official letter which has been sent to the Common Council of the
City of London, suggesting that the City should be included in FUNDS
£ 3,000,000 the experimental area. A correspondent points out that under INCOME
the Act there is no power to make registration compulsory in YEARLY BUSINESS
the City. He says, "by. section 20 (11) "county" has the same
meaning as in the Local Government Act, 1888, except that it BUSINESS IN FORCE
- £ 11,000,000 includes a county borough. By section 100 of the last-mentioned
Act "county" does not include a county of a city or of a town. THE PERFECTED SYSTEM of Life Assurance is peculiar to this Society The City is not a county borough (see 3rd schedule of the Local and embraces every modern advantage.
Government Act, 1888), but a county of a city; hence the com
pulsory provisions cannot be applied to it." PERFECTED MAXIMUM POLICIES.
BEFORE ANY county council accepts compulsory registration of title, says a correspondent, it should certainly read and consider Mr. H. W. B. MACKAY's article in the Harvard Law Review for January. It contains an unprejudiced and dispassionate discussion of the advisability, or rather the inadvisability, of applying registration of title to an old commercial and manufacturing country, where dealings with real estate are complicated and titles are often defective. The writer shows by examples that the registration of partial interests, if carried to its logical conclusion, is utterly unworkable, and, on the other hand, that no satisfactory system of caveats has yet been discovered. This warning voice from America ought to strengthen the reluctance already displayed to allow the new system to come into operation.
IN OUR ISSUE of the 18th of December last we regretted the uncertainty introduced by the decision of KEKEWICH, J., in Leeds and Hanley Theatre of Varieties v. Broadbent (reported anto, p. 115) into the law as to the construction of covenants or pro- been in itself of great importance. Obviously the power of visoes for "punctual payment” of interest. The Court of holding similar inquiries should exist throughout the country. Appeal has now, as reported elsewhere, unanimously reversed that decision. The result is that when a mortgagor (or presumably any other person) has a privilege secured to him on THE PROVISIONAL Land Transfer Rules, 1897, which we pubcondition of " punctual payment” of interest due upon a certain lished in our issue of the 1st of January, lead us to hope for a day, he must, to entitle himself to claim that privilege, pay the serviceable code of rules when the old rules of 1875 and 1889 money on the very day when it becomes due, and that he is not are superseded. We have not hitherto been backward in conpunctual if he comes to pay & reasonable time after. This con- demning the provisions of the Land Transfer Acts, 1875 and clusion seems to be consistent both with common sense and with 1897, as impracticable and mischievous ; it is therefore a relief general convenience. It is difficult to dissent from the remarks to us that we are able to regard the new rules with so much of the Master of the Rolls that the words punctual payment comparative satisfaction. The Advisory Committee appointed “cannot mean anything else” than payment on the due date, and under section 22 of the Act of 1897 have, during their short that the mortgagor has only himself to blame if he suffers loss period of service, we venture to think, already more than through bis delay. The only case in point, Hicks v. Gardiner justified their existence. The principle underlying the Acts is (1 Jur. 541), is an authority for the viow now adopted by the to disregard the reasonable wishes of landowners for the sake Court of Appeal; and the usual form of proviso, which ex- of securing a rigid system of transfer; the new rules, on the pressly contemplates payment within a specified number of days other hand (800 e.g., rule 41), recognize that a certain amount of after the due date, points in the same direction. It would be flexibility is essential. A most arduous task, however, still lies a surprise to business mon to be told that, after they had before the committee. They may do much to simplify and define agreed for punctual payment of a sum of money, they were the practice at the Land Rogistry, but nothing short of a power at liberty to bring it within any number of days after the due to override the express provisions of the Acts could enable date which a judge might happen to think reasonable.
them to constitute a scheme of registration in respect of which it could not be reasonably predicted that a general muddle
would ensuo upon its application. The new rules being merely WHATEVER may be the result of the verdict of the coroner's provisional, it may be somewhat premature to attempt any jury in the case of the Cripplegate fire, there can be no doubt criticism. But we may suggest that no instrument is ever that the holding of the inquiry was imperatively necessary, and registered (see rule 28); nor do the rules (see rule 2) appear to it is certainly an anomaly that the statute under which the get over the difficulty involved by reason of the loose definitions inquiry was held should be confined in its operation to the City contained in section 6 (10) of the Act of 1897. Inasmuch as of London. Anciently it has been supposed that the duties of many of the difficulties arising on the Acts are at present loft a coroner included inquiry into fires, and, indeed, into felonies unprovided for (for instance, as to whether a mortgagee by degenerally (see Mirror of Justice, ed. 1612, pp. 45, 100), but posit of the certificate is safe in making further advances without neither Coke nor Hale recognize any such jurisdiction (4 Inst. making a new search for cautions), we apprehend that the order 271, Hale P. C., ii., 57), and according to them the coroner putting in force the compulsory provisions will not be allowed could inquire of “no felony but of the death of man, and that to tako effect until the full code of rules has been issued. super visum corporis." In spite of these opinions, however, it possibly objection may be taken to the regulation (see rule 38) was intimated in Hawkins' Pleas of the Crown (II., 83, ed. under which the registrar is to enter on the register notice of 1824) that the old jurisdiction was still exerciseable, and though a mortgage by deposit of the certificate. It is, we have reason it had long fallen into dosuetude, it was revived in the middle to believe, a very common practice for bankers in Yorkshire, at of the present century, and inquiries into the origin of fires at the instance of their clients, not to register a memorandum of which there had been no loss of life were held in London, Lin- their charge in the local deeds registry, on account of the coln, Doncaster, and some other places. At length objection publicity incidental thereto. So long, however, as the secrecy was taken by the owner of premises in Manchester, upon which of the Land Registry registers is hedged in by proper precaua fire had occurred, to the holding of the inquest; and, in Reg: tions, this objection would appear to have little substance in it, v. Herford (29 L. J. Q. B. 249), it was held that the non-user of though care should be taken that when the entry is cancelled the jurisdiction for many hundred years was strong evidence the cancellation should not appear on the register, as landthat it never existed, while, even if it did anciently exist, it owners often do not wish their successors to know that they could not after such non-user be revived without the authority effected even a temporary loan. To conclude, we may respectof Parliament.
fully wish the Advisory Committee overy success in their efforts
to modify and explain the haphazard and obscure legislation SO FAR as the country generally is concerned, the result of effected by the Acts. Reg. v. Herford has been confirmed by the Coroners Act, 1887, which, by section 44, provides that a coroner shall not hold inquests of felonies except felonies on inquisitions of death. NOTWITHSTANDING the very extensive discretionary powers The authorities of the City of London, however, saw the ad- given to the Education Department by the Voluntary Schools vantages which would accrue from investing a public officer with Act, 1897, the Department has deemed it necessary to consult the power of holding a judicial inquiry into the cause of fires, the law officers of the Crown upon the question whether a debt, and by the City of London Fire Inquests Act, 1888 (51 & 5z in respect of the annual maintenance of a school, contracted Vict. c. xxxviii.), it was enacted that in case of loss or injury by before the passing of the Act, on the 18th April, 1897, can be fire within the City of London and the liberties thereof situato defrayed out of the “aid grant" directed by the Act to be in the county of Middlesex, it should be the duty of the coroner annually paid out of moneys provided by Parliament. The to consider any report made to him under the Act by the Com- answer of the law officers in the negative, together with the missioner of City Police or the Chief Officer of the Metropolitan reasons for it, which has been sent round in an official Fire Brigade, and to hold an inquest if either the Lord Mayor circular to the associations representing 14,000 voluntary schools or the Lord Chief Justice or a Secretary of State should so in England and Wales, has created some disappointment, and a order, or the coroner should be of opinion that proper cause for correspondent of the Times has boldly questioned the correctness, such an inquiry existed. Upon such an inquest tho coroner has in point of law, of the opinion. The question raised is as diffi
. the same powers as when holding an inquest upon death, and, cult as it is serious. The words of sub-section 2 of section 1 of if the jury find that there is a case of arson against known per- the Act are that “the aid grant shall be distributed by the sons, their verdict has the effect of an indictment. In the case Education Department to such voluntary schools and in such of the Cripplegate fire the verdict lacks this result, inasmuch as manner and amounts as the Department thinks best for the finding is that the premises where the fire originated were the purpose of helping necessitous” (there is no definition "wilfully fired by some person or persons unknown,” but it is of necessitous") a schools, and increasing their efficiency, unlikely that the proceedings will end here, and, even if they due regard being had to the maintenance of voluntary should, the inquiry into the efficiency of the fire brigade has subscriptions”; and it is added in sub-section 7 that "the decision of the Education Department upon any question relating be agisted, and the horse was injured through the defendants to the distribution or allotment of the aid grant shall be final." negligently putting it into a field where there was a barbed wire The effect of sub-section 7 we take to be, that it was a pure act fence. It has been held by the Court of Appeal that, apart of grace on the part of the Education Department to take the frou the contract of agistment, there was a common law duty opinion of the law officors. On many points the action of the imposed on the defendants by the bailment to take reasonable Department may be questioned before the courts of law, but care of the horse ; and the violation of this duty gave rise to an this is not one of them. The words of sub-section 7 are too action of tort, so that the plaintiff, who had recovered £30, was strong to be got over, and the action of the Department in entitled to costs upon the High Court scale. But it will still be administering the aid grant cannot be questioned by certiorari open to doubt in future cases what duties spring from the bailor otherwise. Rightly or wrongly, Parliament has clothed the ment and what from the contract, and a distinction so vague as Department with absolute power of distribution amongst volun- the one in question clearly ought never to have been made the tary schools. But is the opinion right or wrong? The reason test upon a matter of costs. given for it is that a payment for the purpose of extinguishing a debt" would not be for the purpose of helping the school or increasing its efficiency, but for the purpose of relieving the VERY FEW offences remain at the present time for which an individuals who had maintained the school in the past. It adult can be sentenced to be flogged, and for some of those few the debt is not in reality chargeable to the school fund, the punishment is obsolete, and very properly so.
There but only to individual managers who have advanced its are, however, two serious crimes for which judges are not amount to the school fund, so that by paying it out of the aid only legally able, but in many cases very ready, to inflict grant the school fund will not gain pro tanto, this reason this punishment. These are robbery with violence, and the seems to be quite sound. But in the course of the administra- much more uncommon crime of attempting to choke, strangle, tion of a voluntary school, as ordinarily condncted, the assets or suffocate a person with intent to commit a felony. It seems for the financial year ending in March, 1898, would no doubt to be universally admitted that cases of robbery with violence bo diminished by the sum required for payment of the debt, have become much less frequent under the fear of this punishand to pay the debt out of the aid graut would, it appears to ment, and probably, if all the judges acted on the principle of us, be to "help" the school within the meaning of the Act. those few who most often pass sentence of flogging, the crime It is, we think, somewhat unfortunate that the opinion of a would be almost stamped out. is not easy to understand the court of law cannot, by virtue of the peremptory terms of the state of mind of those no doubt estimable) persons who are 7th sub-section, to which we have referred, be taken upon this too tender-hearted to flog a brutal ruffian who does not care question.
what pain he inflicts in order to effect his guilty purpose.
Probably acute physical pain is the only thing such a man can THE PROVISIONS of section 116 of the County Courts Act, 1888, really feel, and it seems to be the one punishment he really distinguishing between actions founded upon tort and upon con dreads. He is, most likely, as low in the moral scale as he tract continue to be a source of litigation, and an important can be, and it is ridiculous to talk of the “degrading" effect of decision
upon this distinction was given in the recent case of a whipping on such a person. There are, however, several T'urner v. Stallibrass (46 W. R. 81). If an action founded on other crimes besides robbery very common throughout the contract is brought in the High Court, and the plaintiff recovers country which might be dealt with by flogging, to the great less than £20, he gets no costs, and if he recovers £20 and up- advantage of the public. The quarter sessions of Essex last wards, but less than £50, he gets costs only on the county court week passed a resolution to the effect that the criminal law scale. If, however, the action is founded on tort, the corres- should be so amended as to allow judges of assize and justices ponding limits are £10 and £20. The section seems to assume of quarter sessions, at their discretion, to inflict the punishment that actions of contract and tort are readily distinguishable, but of flogging, in addition to imprisonment, in all cases of rape, although in general it is perfectly easy to say in which category attempted rape, and indecent assault on women and children. an action falls, there is a considerable area of debateablo Most persons will probably agree, to some extent, with this ground, and a controversy which puzzled pleaders in the old resolution, especially those who are often in criminal courts and days when forms of action existed, has, by the wisdom of the know the details of these unroportable cases. The crimes menLegislature, been kept alive for the benefit of the present genera- tioned are terribly frequent. No offence in the whole calendar tion of lawyers. The difficulty chiefly arises when a contract of crime is more brutal, or more deserving of corporal chastiseexists between the parties, and in the course of the execution of ment, than outrages on female children. Flogging, howover, is the contract damage has been caused which prima facie would be a a punishment which ought to be awarded to adults with the subject for compensation even apart from the contract. In Fleming utmost circumspection, and (it is submitted) only by the highest v. Manchester, Sheffield, and Lincolnshire Railway Co. (27 W.R. 481, judicial officers. It would be dangerous in the extreme to put 4 Q. B. D. 81) it was considered that any such injury arose out such a power into the hands of chairmon of quarter sossions, of the contract, and hence an action against å railway for who, as a rule, are without legal training, and whose experience negligently carrying goods was held to be an action founded on consists in dealing with a few cases four times a year. contract, but in Taylor v. Manchester, Sheffield, and Lincolnshire Railway Co. (43 W. R. 120; 1895, 1 Q. B. 134) that principle seems to have been set aside. A distinction was now taken between acts of omission or nonfeasance and acts of misfoasance,
THE REAL REPRESENTATIVE. and it was considered that acts of the latter class would give It may be convenient, now that the real representative has rise to a cause of action founded on tort. Hence an action made his appearance, that we should give a summary of the against a railway company for personal injury to a passenger results which we arrived at in our former articles (ante. pp. was deemed to be of this class where the injury was caused by 42 and 61), accompanied by some further remarks upon the à porter nogligently shutting the carriage door. In other powers of the real representative with respect to unregistered words, the tort was not excluded by the contract to carry land under the Land Transfer Act, 1897, which we shall for safely. Subsequently, however, in Kelly v. Metropolitan Railway brevity refer to as “the Act." Co. (43 W. R. 497 ; 1895, 1 Q. B. 944), it was seen that the Where a person dies after 1897 who was solely and benedistinction missed the real point, and it was held that the test ficially entitled to freehold land for an estate in fee simple in of tort was whether the defendant had violated a duty which possession, it seems fairly clear that that land will vest in his was imposed upon him independently of the special contract. executor or administrator from time to time. The Act, however, Thus an action for personal injury caused by the negligence of leaves the devolution of other kinds of real estate in doubta railway company was held to be an action of tort without for instance, the devolution of estates tail, or for life, the estate regard to the exact nature of the conduct, whether nonfeasance of a remainderman, trust and mortgage estates, an estato or misleasance, to which the injury was due. The latest case pur autre vie, a right of re-entry, a personal inheritance, and even Turner v. Stallibra88—has arisen in connection with a contract of chattels roal may or may not be affected by the Act. agistment. The plaintiff delivered a horse to the defendants to Confining our attention to the simple case first above