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TO NOBLEMEN, Members of Parliament,




FREEHOLD Ground-rents on Offices and





Auction Room for Sede di Purniture and every descrip- FABRI



On the borders of Hertfordshire, about 1} miles from Special and immediate attention given to Provincial

Harlow Station on the Cambridge Main Line of the Gt. matters.

Established 1807.

Eastern Railway, 6 miles from Bishops Stortford, 7 AUCTIONEERS, VALUERS, AND SURVEYORS miles from Epping, and about 23 miles from London.

In a good Residential district within easy reach of a OF

number of well-known country seats, and in a first-class Solicitors, and others.-Freehold Ground-rent of


hunting centre, within a mile of the Kennels of the Essex £2,200 per annum, in one collection; well secured on West


Hunt. A Valuable Freehold Residential Property end property; price 28 years' purchase.-Apply to Bond &

known as Moor Hall, comprising a very substantially Son, 31, Queen Victoria-street, E.C.


built and most comfortable Family Mansion. containing Telegraphic Address—"FULLER, HORSEY, Loxron.

20 bed and dressing-rooms; a very fine library, comTO 10 TRUSTEES and Others.—Advertiser,

municating with a bed-room, dressing-room, bathwho has just completed the management and distri

room, and w.C., thus forming a convenient suite ; bution of a considerable estate, largely realty, seeks a

housemaid's-room, 2 w.c.'a, lavatory, entrance similar post; bankers' and professional references of the AUCTIONEERS, ESTATE AGENTS, VALUERS,

and inner halls, handsom dining-room, with highest character.--Address, W. L., c/o Streets, 30,

Berving room adjoining, billiard-room, smoking-room Cornbill.

Sanitary and Mortgage Surveyors,

with Lavatory and W.C., Double Drawing-Room, Bou

6, IRONMONGER LANE, CHEAPSIDE, E.C., doir, museum, with strong-room, girden entrance, THE SUBURBAN PROPERTIES COR

308, BRIXTON HILL, S.W., and

lavat ry, plate closets, 2 w.c.'s, ample and well

arranged domestic offices, having six servants' bedPORATION, of 32, Finsbury-pavement, E.C, have 117, WESTERN ROAD, BRIGHTON. (Established 1773.) rooms, over and good cellarage. The pleasure grounds the following Parcels of Freehold Ground-rents in the Suburbs of London for Disposal, at 28 years' purchase

are of a delightful character, being richly timbered with SURVEYS for SANITATION, MORTGAGE, and ornamental and other trees, and include flower gardens, viz., £30 108., £36, £44, £40 and £27, and £80 at 27 years' purchase. DILAPIDATIONS. VALUATIONS for PROBATE, lawns, rosery, lake, &c., and a walled-in kitchen garden.

The modern stabling contains accommodation for 14 TRANSEER, and other purposes.

horses, and there are two large coach houses, &c., with REEHOLD ESTATE for Sale, producing AUCTION SALES OF ESTATES, HOUSES, FURNITURE, &c. groom's rooms over, forming three sides of a square with over £1,100 per annum, easily increased to £5,000; 25

Terms on application.

granite-paved yard in centre. It is approached by a minutes London; close to station.-Apply, letter, Mr.

carriage drive, having a lodge at entrance and Evans, 150, Fenchurch-street, E.C. ROBT. W. MANN & SON, F.S.l.s overlooking picturesque park and woodland.


whole embracing an area of about 123a. 3r. 20p. In a (nr Victoria Station),

Separate Lot is a large kitchen and fruit garden, with Flats; capital position; £1,500 and £2,000 per annum;


numerous, glasshouses, forcing pits, &c., and a small

brick-built house. together or separately; premises occupied by high-class And at Lowndes-street. Telephone, “Westminster 40." tenants; price 30 years' purchase (£45,000 and £60,000), or near offer.-George BKKEN & Co., 2, Circus-place, E.C.

ESSRS. H. GROGAN & CO., 101, Park- TION, at the MART, Tokenhouse-yard, London, E.C.; 01

instructed to OFFER the above for SALE by AUCstreet, Grosvenor-square, beg to call the attention of MONDAY, JUNE 20, 1898, at ONE o'clock precisely, in Bean, Burnett, & ELDRIDGE have several Parcels, intending Purchasers to the many attractive West-End

Two Lots. from £15 to £500 per annum, exclusively in their hands, for Houses which they have for Sale. Particulars on applica-obtained of Messrs. Pemberton & Cope, Solicitors, 5, New

Particular, with plans and conditions of sale, may be Sale, and would send full particulars to applicants on receiving a notification of their requirements.--14, Nicholastion. Surveys and Valuations attended to.

court, Lincoln's-inn, W.C.; at the Mart; and at the lane, É.C.

Auctioneers' Offices, 39, New Broad-street, London, E.C. INTERNATIONAL ADVERTISING.

G. F. BOX & CO.,

Sale days for the Year 1898,
J, NEWLAND, Advertising Contractor, 5, Little Trinity- AUCTIONEERS, VALUERS, ESTATE AGENTS, RENT
lane, London, E.C., Inserts Advertisements upon the most

Messrs. advantageous terms in all British, Foreigo, and Colonial

VAREBROTHER, ELLIS, EGERTON, Newspapers, Periodicals, &c.; printed list of the best tion of Property. [Established 1885.] papers; estimates and full particulars post free.

BREACH, GALSWORTHY, & Co. beg to announce Offices: 227, LOWER CLAPTON-ROAD, N.E., and at 66, GREY that the following days have been fixed for their SALES HOUND-LANE, STREATUAM, S.W.

at the AUCTION MART, Tokenhouse.gard, during the M. DAVIS, 40,

year 1898:Ladbroke-grove, W., is open to Buy Properties in


Tuesday, May 17. London Suburbs or 30 miles round London at best market

Thursday, August 11. Thursday, June 9.

Thursday, September 22. prices; no objection to old, dilapidated, or troublesome


Thursday, June 23.

Thursday, October 13. properties; money ready (introductory fees paid if required)


Thursday, June 30.

Thursday, o er 27. RECEIVER BY APPOINTMENT. ALUATIONS of Modern and Old LACES.

Thursday, July 14.

Thursday, November 10. Thursday, July 21.

Thursday, November 24. THE CEDARS EstaTE OFFICE, (opposite) West KENSINGTON Thursday, July 28.

Thursday, December 1. Laces, old Embroideries, &c.-HAYWARD'S, 11, Old

Station, w.

Thursday, August 4.

Thursday, December 15. Bond-street. Established 1770 in Oxford-street.

Rents Collected, Estat s Managed, Valuations, Surveys.

No. 29, Fleet-street, Temple-bar, and 18, Old Broad. Mr. J. W. Sibley has a large Estate Agency, and give

streel, E.C. al parts Receiving Resident Patients sent gratis, References to Principals and Bankers.

LINCOLN'S-INN. with full particulars. Schools also recommended.-MEDICAL, &c., Association, LTD., 8, Lancaster-place, Strand, w.c. Tel.add., “Triform,

[ESSRS. EILOART will SELL by AUCJOHN GERMAN, son, & BEVEN, London." Telephone No.1,854, Gerrard.

TION, at the MART, City, on MAY 26, 1898, at TWELVE or ONE o'clock, in Three Lots, the three valuable

sets of FREEHOLD CHAMBERS on the second, third 59 and 60, CHANCERY LANE, W.C.

and fourth floors, situate in No. 8, NEW-SQUARE. Ths raising districts of the country. Practical and scientific

accommodation comprises four rooms on the seconl floor, instruction. Success in Examinations of Surveyors' Insti

Country Offices :

five rooms on the thir) floor, and three rooms on the top tution. Preparation for colonies. Six farms, creamery workshops.


floor. They are situated on the west side of the square,

and only a few yards from the passage-way leading J SMITH HILL, B.A., B.Sc., Principal.


through to the Law Courts. The second floor chambers KINGSTON, Norts.

are let on lease at a low rental, and vacant possession may EDE AND SON,

be had of the other sets. Telegraphic Address, Cogitate, London."

Full particulars and conditions of sale may be had of

Messrs. Upton, Atkey, & Co., Solicitors, 14, Austin-friars, ROBE MAKERS. MORTGAGES

E.C. ; and of the Auctioneers, 40, Chancery-lane, W.C. ON MANSIONS AND FLAT BY SPECIAL APPOINTMENT. To Her Majesty, the Lord Chancellor, the Whole of the Leasehold Properties, Large Estates or Farms,

Large Sums awaiting Investment, also on Freehold and

Judicial Bench, Corporation of London, &c.

Freehold Ground-rents Wanted. Principals placed in

direct communication with clients.


22, RING-STREET, ST. JAMES', Londox, 8.W. (Telephone Law Wigs and Gowns for Registrars, Town 5527 Gerrard); HERTFORDSHIRE OFFICES, ST. ALBANS Olerks, and Clerke of the Peace,

(Telephone No. 4); and HARPENDEN. Corporation Robes, University and Clergy Gowns.



take place MONTHLY, at the MART, and include 94, CHANCERY LANE, LONDON.

every description of House Property. Printed terms can
be had on application at their Offices. Messrs. Field &
Sons undertake surveys of all kinds, and give special

attention to Rating and Compensation Claims. Offices

51, Borough High-street, and 52, Mancery-lane, W.C. The choicest roasted nibs (broken-up beads) of the pressure, give forth their excess of oil, leaving for use a finely-flavoured powder-" Cocoaine," a product which, and District.-Owners wishing to sell or Let Property in

Open daily for reception of when prepared with boiling water, has the consistence these districts should send to C. RAWLEY CROSS & Co., who of tea, of which it is now, with many, beneficially taking ave more applications than they can suit; particulars in FURNITURE, JEWELS, PLATE, PICTURES, the place. Its active principle being a gentle nerve serted in their Western Suburbs Register free. Rent collec

and all Classes of Valuable Property intended for stimulant, supplies the peeded energy without unduly tions undertaken (large or small), and Property of all kinds exciting the system. Sold only in labelled Tins. If unable managed on inclusive terms; punctual payments guaran

Sale by Auction. to obtain it of your tradesman, a tin will be sent post-freeteed ; references to clients of 20 years' standing. - Offices, VALUATIONS for ESTATE DUTY & DILAPIDATIONS for 9 stamps.-JAMES EPPS & CO., LTD., Homeopathic “ Ilchester House," (facing) Uxbridge-road Station, w. Chemists, London. Established 1877). Telephone No. 669, Kensington,







The Solicitors' Journal and Reporter



............ 505


............ 506




... 460


507 512 509 507 510



VOL. XLII., No. 29.
FUNDS, £4,000,000. CLAIMS PAID, £38,000,000.

LONDON, MAY 21, 1898.
PROPERTY of almost every description, at Moderate Rates.

The Editor cannot undertake to return rejected contributions, and
DEATH DUTY POLICIES--Payment Direct to Revenue Authorities before grant copies should be kept of all articles sent by writers who are not on
of Probate.
Apply for Full Prospectus to

the regular staff of tlie JOURNAL.




NEW ORDERS, &c. ............................ 506








BANKRUPTOY NOTICEB........................

514 INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c. HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C.

Cases Reported this Week.

In the Solicitors' Journal. Russian Spratt's Patent (Lim.), Re.

Johnson v. Russian Spratt's Patent In Drawing LEASES or MORTGAGES of

Attorney-General v. Strange..


Baxter v. Middleton, Re Middleton


In the Weekly Reporter. To see that the Insurance Covenants include a policy covering the risk of

and Baxter

China Traders Insurance Co. (Lim.) v. Averill, In re. Salsbury v. Buckle LOSS OR FORFEITURE OF THE LICENSE.

Royal Exchange Assurance Corpora

Batt's Trade-Marks, In re... Suitable clauses, settled by Counsel, can be obtained on application to tion....

Calcott and Elvin's Contract, In re...... 457 THE LICENSES INSURANCE CORPORATION AND Kinnis v. Graves

Kent Coalfields Syndicate (Limited)

(in Liquidation), In re.. GUARANTEE FUND, LIMITED,

Marks v. Frogley and Others

Lyons & Sons v. Wilkins and Others... 461 24, MOORGATE STREET, LONDON, E.C..

Miller v. The Justices of Dudley.

Pender v. Taddei

New Ixion Tyre Co. (Lim.) v. Spilsbury 509 Reg. v. Robinson and Others Mortgages Guaranteed on Licensed Properties promptly, without

Reg. v. Dr. Tristram, Judge of the “Ruby,” The special valuation and at low rates.

Consistory Court of London

511 Stockport Ragged, Industrial, and Russell Literary Institution, Re.

Reformatory Schools, In re
Figgins v. Baghino.

Sumpter v. Hedges

Established 1824. Capital, £5,000,000 Sterling.


WE PRINT elsewhere the Whitsun Vacation Notice, from
Life Policies free from Restrictions, with Perfect Security and Liberal Bonuses.

which it will be seen that the Vacation work is to be divided Special forms of Policies have been prepared to provide for payment of ESTATE DUTIES. between Mr. Justice PHILLIMORE and Mr. Justice RIDLEY.

LEASEHOLD AND SINKING FUND POLICIES. Full Prospectuses on application.

ROBERT LEWIS, Chief Secretary. LEGAL AND GENERAL LIFE ASSURANCE OUR READERS will see from the draft Order in Council, which SOCIETY

we print elsewhere, that the information we were enabled to give last week as to postponement of the coming into operation

of the Land Transfer Act, 1897, was correct; and the draft ESTABLISHED 1836.

order further shows that compulsory registration is to be

gradually applied. On and after the 1st of September next, it FUNDS

£ 3,000,000

is to take effect with regard only to the parishes of Hampstead,

St. Pancras, St. Marylebone, and St. George's, Hanover-square; INCOME

£ 390,000

on and after the 1st of January, 1899, most of the parishes in YEARLY BUSINESS

£1,000,000 the east of London are to come within the operation of the Act; BUSINESS IN FORCE

· £ 11,700,000 on and after 1st of October, 1899, the remainder of the county

of London (not including the City of London) north of the centre THE PERFECTED SYSTEM of Life Assurance is peculiar to this Society line of the Thames (except North Woolwich) is to be brought and embraces every modern advantage.

under the Act; on and after the 1st of January, 1900, the

remainder of the County of London (not including the City of PERFECTED MAXIMUM POLICIES.

London) is to be brought under the Act; and, finally, on and WITHOUT PROFITS.

after the 1st of July, 1900, the City of London is to come

within its operation. There can be no doubt as to the wisdom The Rates for these Whole Life Policies are very moderate. of this course.

452 462 464

455 454


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FORMAL NOTICE, dated the 17th of May, appeared in the London Gazette of Tuesday last of intention, after the expiration of forty days from the date of the notice, to submit the draft of an Order in Council declaring that registration of title to land is to be compulsory on sale in the county of London. It will be remembered that on the 26th of November last notice was given that a draft order had been prepared, copy of which was appended to the notice, declaring that " as respects the county of London, on and after the 1st day of July, 1898, registration of title to land is to be compulsory on sale,” but adding that the order might be "amended, or added to, or repealed by Order in Council." Section 20 (6) of the Land Transfer Act, 1897, provides that “In the case of every order proposed to be made under this section, notice shall, six months before the order is made,” be given to the county council, and a draft of the pro

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posed order is to accompany the notice and is to be published necessitates a weary climb up those huge staircases. Our eviin the Gazette. It does not appear that notice of the new draft dence, therefore, may be summed up in this saying-viz., that order, which differs from the former one, has been given to the the absence of passenger lifts in the Law Courts building has London County Council. How is this reconciled with the pro- always been a serious hardship to solicitors' clerks, and that vision of section 20, above quoted ?

there has been a real and crying need of these lifts ever since the building was erected. It is said that the architect estimated

for them in the original specification, and that the item was WE CALLED attention some time since to the excellent working struck out by Her Majesty's Commissioner of Works of that of the new method of disposing of the special list of actions sent day. It is certainly a fact that several of the staircases are from chambers, under order 14, for immediate trial. Mr. Justice specially designed for lifts, and considering that no large buildPHILLIMORE proved himself so thoroughly acquainted with the ing is considered complete in these days without them, and practice as to be able to finish his chamber list in time to sit on every other large building has them, it does seem extratwo or three afternoons in the week in court to try cases in the ordinary that they should have been considered all these

We underspecial list. It is only fair to supplement our previous remarks years to be unnecesary for the legal public. by saying that Mr. Justice DARLING has, if anything, gone one Clerks' Association have the matter under consideration, and

stand that the Incorporated Law Society and the Managing better." Chamber work is a great test of many qualities which are not brought out in the more formal and less rapid work of also that there is a movement on foot inside the building to the trial of actions in court, and Mr. Justice DARLING has proved

secure the erection of

passenger lifts. himself an extremely good chamber judge. He has disposed of heavy daily lists with such promptitude that he has been enabled to sit in court on most days at two o'clock, and has, It has been sometimes said that a proviso for re-entry is to during these afternoon sittings, managed to dispose of the short be construed strictly (Doo v. Marchetti, i B. & Ad., p. 720), but causes in the special list within a few days of their entry for it may be doubted whether this canon of construction has any trial.

practical meaning, and the true view seems to be that a fair

construction is to be put upon the proviso according to the Quite a flutter of excitement is ruffling the general calm of apparent intent of the contracting parties (see per Lord ELLENofficial life in the Law Courts building. The beginning of it BOROUGH in Goodtitle v. Saville, 16 East, p. 95). Although it is was the appearance of a man and a boy engaged in elaborate a question of forfeiture, said COTTON, L.J., in Corporation of proceedings with tapes and strings measuring the staircases, or

Bristol v. Westcott (12 Ch. D., p. 467), we must construe the rather the shafts round which the stairs are built.

We are

covenant fairly, ascertain its meaning without regard to forinformed, moreover, that during the last week or so all persons forfeiture has been incurred. This principle has been applied by

feiture, and then see whether, upon that ascertained meaning, a who commenced to climb any of the staircases in the building HAWKINS, J., in Horsey Estate (Limited) v. Steiger and Petrifite (Limhave been dotted down as ascending units on a tally kept by ited) in construing a proviso for re-entry by the lessor upon the some person presumably commissioned to do so by the proper authority. By dint of inquiry conducted on the spot, we have winding up of a lessee company. A lease to A., an individual, ascertained that these proceedings are designed to determine and to B., & registered company, contained a proviso for retwo questions-viz., whether there is need of passenger lifts at entry, if the lessees shall become bankrupt or enter into the Law Courts, and if so, what would be the cost of fitting liquidation for the benefit of, or compound with, his creditors, them. As to the cost of lifts, we leave that to be determined by or, being a company, shall enter into liquidation, whether comthe man and boy aforesaid, but as to whether there is need of pulsory or voluntary." The lossees, with the assent of the lifts at the Law Courts, we unhesitatingly give our evidence lessors, assigned to the defendants, who also were an individual without waiting to be asked. First, let us state the undeniable and a registered company-Petrifite (Limited)--and in January, facts of the situation. The Law Courts building has five floors 1897, the latter company went into voluntary liquidation for and several miles of corridors. Business transactions connected the purpose of reconstruction. This liquidation was relied on with litigation have to be conducted in all the rooms or depart

as a ground of forfeiture. The argument for excluding it from ments in the building, numbering no less than 750, and situated having this effect appears to be that in the case of an individual on one or other of the several floors of this vast “rabbit warren," lessee the proviso contemplates re-enty only when the lessee is in as it has been not inaptly called. Every such transaction has pecuniary difficulties, and a corresponding restriction might ground floor. We need not say that these fees are in many the cases of an individual and 'a company are quite distinct. to be paid for in stamps, which have to be purchased on the possibly be introduced into the contingency of the winding up of a

lessee. The argument, however, omits to notice that cases complicated, so that it is not always possible for a solicitor's clerk to know just what stamps he will require for his business. Winding up, as Mr. Justice Hawkins pointed out, puts an end When fees are charged, as they are in some cases, ad valorem, be the cause of the winding up.' It would be an undue strain

to the existence of the company, and it has this effect whatever this must always be the case. During the seventeen years since the building has been in use, probably not a week-day has passed ing of the language of the proviso to import into it a restriction without some members of that bard worked body, the solicitors' for which the parties have not provided, and it was held that a olerks, having to take their documents from the upper to the forfeiture had been incurred. Such a proviso, according to the lewer regions of this building to buy stamps, and having to decision in General Share Co. v. Wetley Brick Co. (20° Ch. D. climb up again to complete their task. If these facts are still 260), works a forfeiture immediately upon the making of the unknown to the Government authority which now seeks to winding-up order, and the lessor's right of re-entry is not postknow." if there is any need of passenger lifts,” all we can say is poned till the winding up is complete. To avoid forfeiture of a that it is not our fault. Not once, but many times, we have lease by a company under such circumstances as the above, the called attention to this point.

proviso should expressly except the case of a winding up for the purpose of reconstruction or amalgamation.

BUT THERE is more to be said. The offices of the Chan. cery chambers are on the third and fourth floors of the UNTIL A few years ago it was thought to be an important building, The Central Office is on the grourd floor. In principle of our law that a man is answerable criminally for his overy Chancery action there is, so to speak, continual inter- own acts only, and not for those of his servant, or of any other course necessary between chambers and the Central Office; person, committed without his acquiescence or knowledge. This notably whenever amendment of an originating summons principle has, however, been very much encroached upon, and becomes necessary:

This intercourse is carried on through the the list of exceptions to the general rulo grows larger every medium of the solicitor's clerk. He has to go backwards and year. Thus it has been held that, where å barmaid supplied forwards between the two departments until both are satisfied liquor to a constable on duty without her master's knowledge, as to all the technical requirements involved, and every journey the master was liable to punishment for this offence against the

provisions of the Licensing Act, 1872. Under the same Act, interests. In the present instance the property was sold subject also, it is now well established that a publican may be convicted to the mortgages. Hence, according to English law, it was only of an offence where his servant sells liquor to a drunken person an equitable interest that was sold, and the duty would attach without his knowledge. Again, it has been held under the Food | upon the contract. Under a statute of New South Wales an and Drugs Acts that an innocent master may be convicted where attempt has been made to turn the equity of redemption of a his servant has fraudulently adulterated his master's milk and mortgagor into a legal interest, but the legal rights of mortsold it in that condition. And an exceptionally strong Divisional gagees are at the same time expressly saved, and the Divisional Court, consisting of six judges, has now decided unanimously, Court held that the mortgagor had still in effect only an equitin the case of Coppen v. Moore, that, under the Merchandise able estate. In the result, therefore, the ad valorem duty was Marks Act, a master may be convicted of having cold goods to payable. which a false trade description was applied, although the act was done without the master's knowledge and against his

IT IS PERHAPS hardly creditable to our law that cruelty to orders. It is very difficult indeed to extract from these and animals is no offence at all unless the animal which is said to other similar decisions any general rule as to when a master have been ill treated is a domestic animal. A charge was made may be convicted for his servants' act committed without his against a man this week at the Westminster police court of authority or knowledge. In all those cases it seems that the cruelty to a rat which he had caught. It was clear that he had act was done by the servant within the scope and in the course treated the creature in a most brutal manner, but the magistrate of his employment. It cannot be said generally, however, that held that he had no power to punish him, as the rat was obviously a master is criminally liable for the acts of his servant within not a domestic animal, and therefore not protected by the the scope of his employment. If it could, a milkseller would be Cruelty to Animals Acts, 1849 and 1854. The leading case on liable to indictment for obtaining money by false pretences if this subject may be said to be Harper v. Marcks (42 W. R. 605; his servant sold watered milk alleging it to be pure. It is, 1894, 2 Q. B. 319), which decided that a lion is not a domestic therefore, clear that all cases which establish this liability of the animal-a decision which has provoked countless jeers from un. master must depend entirely on the construction of the par- appreciative laymen. It was pointed out in that case that wild ticular statute by which the offence is defined. The statutes animals in confinement are not in any sense domestic animals, under which these cases have been decided are all for the pro- in which term are included only such animals as have been tection of the public from some form of evil; and the courts tamed for the use of man. It does not make an animal domestic seem to have construed them on the principle that unless the merely to cage him and compel him by fear to go through master were made liable for his servant's act, the public would

some performance. An animal can only be regarded as not be protected as the statute intended. Thus one statute domestic when it is either of a kind which is ordinarily forbids a licensed person to sell liquor to a drunken person. domesticated, or when it has itself been, in fact, domestiThis is obviously to protect public order. The act of selling cated. It follows, therefore, that the law is in general is, however, rarely performed by the publican himself, it is powerless to prevent the ill-treatment of a wild animal which generally performed by a servant. Is, then, the master to be has been captured. Strange to say, however, the Cruelty allowed to excuse himself by putting the blame on his servant ? to Animals Act, 1876, forbids vivisection of any vertebrate Clearly, if this were allowed, the statute would, to a large animal whatever, except under certain stringent regulations. extent, fail in its object. The courts have, no doubt, decided Hence a scientific man may be punished heavily for performing these cases on a sound principle, but, nevertheless, it would be

a painful experiment upon a living rat in the cause of science, more satisfactory if such important exceptions to the general but a labourer may inflict just as severe pain upon the rat out law could be made expressly by statute, and not by decision.

of mere wantonness with impunity. This seems absurd, and it is to be hoped that before long Parliament may find time to pass

a short Act making it penal to ioflict unnecessary pain or THE PROVISIONS of section 59 (1) of the Stamp Act, 1891, are suffering upon any animal, whether domestic or wild. There not very clearly expressed, but apparently the correct interpre- can be littlo doubt that public sentiment has greatly changed tation has been placed upon them by the Divisional Court upon this subject since the Act of 1849 was passed, and that it (WRIGHT and PHILLIMORE, JJ.) in Farmer f• Co. v. Commissioners is at present favourable to the suggested change in the law. of Inland Revenue. The section provides for the payment of ad valorem duty upon a contract for the sale of property in two classes of cases—first, upon a contract for the sale of any THE POINT decided by the Court of Appeal in Attorney-General equitable estate or interest in any property whatsoever"; and, v. Strange hardly admits of any doubt. By a marriage settlesecondly, upon a contract for the sale of "

any estate or interest ment, made in 1846, the husband and wife covenanted to settle in any property except” (inter alia) lands or property locally the after-acquired property of the wife upon trusts under which situate out of the United Kingdom. The exception engrafted the husband was entitled to the income for his life, and if the upon the second category is apparently at variance with the first wife survived the busband, the trusts were for the wife absolutely. category, for an equitable estate in lands or in property situate The husband died in November, 1894, and the after-acquired out of the United Kingdom is equally within the first category property, amounting to some £17,000, thereupon passed to the and within the exception to the second category. The question wife. The Inland Revenue authorities claimed estate duty upon is specially important in the case of an equitable interest it, on the ground that it was property which passed on the death in property situate out of the jurisdiction, for, since the of the husband within the meaning of section 1 of the Finance conveyance will take effect according to the foreign law, Act, 1894; but a defenco to the claim was set up under section the transaction will escapo ad valorem duty in this country 21 (5) of the Act. This provides that, where a husband or unless such duty is payable on the contract. In the present wife is entitled, either solely or jointly with the other, to the case a contract had been made in England for the sale, at income of any property settled by the other under a disposition the price of £98,000, of land situate in New South Wales which has taken effect prior to the 1st of August, 1894, which was subject to a legal mortgage for £58,000, and the and on his or her death the survivor becomes entitled to Inland Revenue Commissioners claimed the ad valorem duty on the income of the property settled by such survivor, estate the contract on the ground that the contract was for the sale of duty shall not be payable in respect of that property an equitable interest in property. It is to be noticed that the until the death of the survivor. In the present case, it word " whatsoever” which occurs in the first part of section 59 was urged, the wife became, upon the death of the husband, (1) was first introduced in the Act of 1891, and seems designed entitled to the income of the settled property, and the to prevent the possibility of contracts for the sale of equitable clause therefore applied. In the Divisional Court (VAUGHAN estates in the classes of property excepted in the second part WILLIAMS and KENNEDY, JJ.) the argument succeeded; but being exempted from ad valorem duty, and this view has now though the wife certainly became entitled to the income of the been taken by the court. Contracts for the sale of equitable settled property, and so the case in a sense fell within the interests in all kinds of property are subject to the duty; and provision, she became at the same time entitled to the corpus as the exceptions only operato in the case of the sale of legal well; or rather, it was only by virtue of her becoming entitled

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to the corpus that she became entitled to the income. This does require to be submitted to, and approved by, a central departnot appear to be a case within the purview of the section, and ment before they have any validity, and opportunity is given to so the Court of Appeal have held. The section contemplates a persons concerned to object to their confirmation before it is succession of life estates, first in the husband and then in the actually given. Further, the bye-laws can be altered or

and in settlements executed before the commencement of repealed by the authority wbich has made them if they are not the Act it saves the estate duty which would be payable on the found to work satisfactorily; they are administered by officers death of the husband. But the case is different where the under the control of that authority; the authority itself, and property vests absolutely in the wife, and the estate duty then therefore its officers, are responsible to the electors, who becomes payable.

have frequent opportunities of imposing their will upon the

candidates who seek their suffrages, and would not be slow WE RECENTLY referred (ante, p. 393) to a case of Duncombe v.

to exprees their disapproval, and require the alteration, of a Hicks, in which a decision was given by a Divisional Court local law which was in itself oppressive or was harshly (WRIGHT and DARLING, JS.) on the subject of "walking posses

administered. sion," and where it was held that, in respect of such a possession

These are some of the considerations which, in the opinion of by a county court bailiff levying a distress for rent, full possession the Inrd Chief Justice and the judges who agreed with him, fees could not be charged against the tenant.' The Court of ought to have weight with the courts in considering whether Appeal have now held, in another case, namely— Lumsden v. the bye-law of a representative body is reasonable or not; and Bennett, in accordance with the view previously expressed by he points out the important distinction between such a bye-law the county court judge, but dissented from by a Divisional Court and the bye-laws or regulations of a corporation formed for (Day and LAWRANCE, JJ.), that where income tax is distrained for, purposes of profit to shareholders and not subject to popular and full possession fees are levied, and paid under protest, in control. Railway companies cannot derive any assistance from respect of mere "walking possession," an action is maintainable Kruse v. Johnson in endeavouring to enforce their regulations. to recover from the tax collector damages for illegal distress, Even in the case of bye-laws of the former class, it is not to be together with the sum so paid to him under protest in rospect of assumed that they can in no case be set aside by the courts as the walking possession. The lengthy judgment of A. L. SMITI, unreasonable. They might, says the Lord Chief Justice, be L.J., in this case emphasizes the distinction between actual and held to be unreasonable " if, for instance, they were found to be constructive possession of goods distrained-namely, that the partial and unequal in their operation as between different former is a reality while the latter is not, and states that classes, if they were manifestly unjust, if they disclosed bad consequently, in the absence of all events of 'any agreement to faith, if they involved such oppressive and gratuitous intersubstitute the one possession for the other, full possession fees ference with the rights of those subject to them as could find no are not recoverable and should not be charged when only justification in the minds of reasonable men"_in such a case "walking possession was taken.

"the court might well say that Parliament nover intended to give authority to make such rules; they are unreasonable and ultra vires."

In the case of Kruse v. Johnson the bye-law prohibited a

person from playing on musical or noisy instruments, or singing COUNTY BYE-LAWS.

in any public place or highway within fifty yards of any dwellThe decision of the full Court of the Queen's Bench Division ing-house, “after being required by any constable, or by an in Kruse v. Johnson (reported in another column) has been inmate of such house, personally or by his or her servant, to anxiously awaited by local authorities throughout the country. desist.” The main objections taken to it were, that it did not We have no doubt that, not only the authorities, but a large make it necessary to prove that any annoyance was actually majority of their constituents, will be satisfied with the result. caused, and that it placed excessive power in the hands of a Technically, no doubt, a full court is of co-ordinate jurisdiction single policeman. The latter objection was pressed by MATHEW, with an ordinary Divisional Court; but having regard to the J., and certainly the fact that the zeal of an officious policeman composition of the court in question, which represented, not the can ultimately be checked by his superiors is a poor consolation Queen's Bench Division only, but all the Divisions of the High to an individual whom he has haled before the magistrates and Court, its almost unanimous decision cannot fail to carry great put to expense and inconvenience. But the over-zealous policeweight; in fact, it would not be too much to say that the man, although perhaps not a purely imaginary individual, is decision of the Lord Chief Justice, the President of the Probate certainly a rara avis; very definite instructions from his Division, CHITTY, L.J., and WRIGHT, DARLING, and CHANNELL, superiors are generally required to set this guardian of the JJ., must, in practice, be treated as a decision of the Court of peace in motion. Isolated cases of hardship may possibly arise, Appeal, notwithstanding the fact that Mathew, J., dissented but we are inclined to assume with Lord Russell that such from their view.

control will be exercised over the rural policeman and such The question was as to the validity of a bye-law made by a instructions given to him as will make the danger to which county council under section 16 of the Local Government Act, Mathew, J., alludes very remote. The decision of the majority 1888, and section 23 of the Municipal Corporations Act, 1882, of the court is founded upon broad and statesmanlike views on and aimed at suppressing nuisance by street music; but the an important and difficult subject, and it will meet with general grounds of the decision are far-reaching, with the consequence acceptance. that its importance is general and cannot be regarded as con It would have been satisfactory if the court had stated the fined to cases of bye-laws couched in similar terms to those effect od their decision upon some of the numerous cases as to which were directly under the consideration of the court. bye-laws which have come up for adjudication in recent years.

The principle which underlies the judgment of the Lord Upon the general principle enunciated by him the Lord Chief Chief Justice is a political, rather than a legal, principle; he Justice rightly relied upon the authority of the Privy Council applies to the determination of the question of the reasonable in Slattery v. Naylor (13 App. Cas. 446), an Australian case. ness and validity of the bye-laws of a local representative body Some of the cases as to English local bye-laws will no doubt be the democratic principle of “trust in the people." Bye-laws affected by the recent decision; in Strickland v. Hayes (1896, 1 made by such a body under powers conferred on them by the Q B. 290, 44 W. R. 398), for instance, LINDLEY and Kay, L.JJ., Legislature ought, he says, "to be benevolently interpreted, (sitting as a Divisional Court) refused to uphold a bye-law as and credit ought to be given to those who have to administer to the singing of obscone songa, on the ground, amongst others, them that they will be reasonably administered." Local that it did not require that annoyance should be caused to angrepresentative bodies, and the constituents who elect them, are This decision seems to conflict with the decision in Kruse the best judges of what are the requirements of the locality in v. Johnson, and it is doubtful whether it can now be considered purely local matters; the enactment and administration of bye good law. In Johnson v. The Mayor of Croydon (16 Q. B. D. laws made to meet these requirements are subject to safeguards | 708), and in Munro v. Watson (57 L. T. 366) bye-laws directed which, in ordinary cases, are sufficient to ensure that nothing against noisy street music were held to be unreasonable. In unreasonable will be enforced. In all cases, these bye-laws these cases the terms of the prohibition were certainly more abso


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