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1898. THE SOLICITORS’ JOURNAL.

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indictment or otherwise, and not sentenced to penal servitude or hard labour. This is eflfected by section 6, sub-section (1). The assignment of the prisoner to his proper division will rest with the court by which he is convicted. By sub-section (2) is is provided that where a prisoner is sentenced to imprisonment without hard labour, the court may, if it thinks fit, having regard to the nature of the ofience and the antecedents of the ofiender, directthat he be treated as an ofiender of the first or of the second division. In the absence of direction the offender will, unless his case falls within the further provisions of the section, be treated as an ofiender of the third division. Sub-section (3) makes special provision for persons imprisoned for default in payment of a debt, or in default of satisfying a sum of money ordered to be paid by a court of summary urisdiction. In such a case, when the imprisonment is to be without hard labour, the prisoner is to be placed in a separate division and treated under special prison rules. He is not to be placed in association with criminal prisoners, nor is he to be compelled to wear prison dress, unless his own clothing is unfit for use. Sub-section (4) directs that a person imprisoned for default of finding sureties for keeping the peace or for being of good behaviour, shall be treated under the rules of the second division, unless he is a convicted prisoner, or the court directs him to be treated under the rules of the first division.

The statistics which are given in the appendices and summarized in the report amply justify the determination to save from contact with actual criminals persons who are imprisoned for a civil debt, or whose offence is only technically of a criminal nature and is not punished with imprisonment at all save as an alternative where default is made in payment of a fine. The total number of persons received during the year in local prisons was 167,574. Of these 10,756 persons were imprisoned as debtors; 1,776 in default of sureties; and 1,077 were soldiers and sailors sentenced by courts-martial. This left as the number of persons imprisoned under ordinary sentences 153,965. This figure, however, by no means shews the real amount of criminality represented by the population of the local prisons. The greater number are under sentence of imprisonment simply for default in payment of a fine. The report does not give the actual number of such prisoners for 1897; but for 1896 the number sentenced to imprisonment without option of a fine was 69,302, while the number sentenced in default of payment of a fine was 78,743, of whom 40,613 were sentenced to imprisonment with hard labour, and 38,130 to imprisonment without hard labour. Upon this state of things the report observes as follows: “It thus happens, perhaps inevitably, that imprisonment is used as the single instrument to serve a double purpose: firstly, its essential and primary purgose—viz., the protection of society by depriving certain ofien ers of their li erty; secondly, as an alternative to the payment of a sum of money in cases where, at least in theory, the ofience would be satisfied by such payment without loss of liberty. Under the law as it stands the treatment in both cases is practically the same, a state of things which we regard as somewhat anomalous and unsatisfactory.” Under £110 provisions, however, of the recent Act, which have inst been referred to, the 38,130 persons imprisoned without hard labour in default of aying a fine, as well as the 10,756 imprisoned debtors, will be dissociated from the criminal prisoners and subjected to treatment under special prison rules in a fleparate division, and the greater number of the 1,776 persons Imprisoned in default of sureties will be treated under the rules of the first or second division.

In this connection it may be observed that the catalogue of guasz-criminal offences, for which a fine is the usual punishment, 18 continually on the increase, and this accounts for the rise there has been in the total number of conviction on indictment "Kl summarily during the last ten years. The number was 644,296 in 1896, as against 519,781 in 1885-6, or an increase of 2_3 per cent. A table is given shewing the number of convictions in the same years for certain specified offences, for the Pl{l'p0se of illustrating how enormously the volume of so-called °1'11_ne is increased by convictions for offences, which, though 5°1'1_0us in their social efiect, would not usually be held to brand theirperpetrator as a criminal. Thus the convictions for adulteration of food and drugs have risen in the ten years from

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1,247 to 2,401 ; offences against the Highway Acts from 15,915 to 29,328 (including 4,827 bicycle ofiences imder the Local Government Act, 1888) ; offences against police regulations, local bye-laws, &c., from 48.964 to 76,955 ; and cases of drunkenness from 147,548 to 162,695. In addition to the above the dog-muzzling orders were responsible in 1896 for 21,391 convictions. Altogether the convictions for the oflfences specified in the table rose in the ten years from 229,285 to 324,944, an increase of 95,659.

A further justification for the separation of prisoners into different classes is to be found in the slight nature of the punishment which in the majority of cases is inflicted. “ Theoretically,” says the report, “the length of the sentence passed upon prisoners may be taken as evidence of the character of the offence, whether trivial or not. Judged by this standard, the criminality of persons sentenced to imprisonment in local prisons must in a large proportion of cases be extremely trivial. Of the total number of ‘prisoners received during the year, 38 per cent. of the males and 43 per cent. of the females were sentenced to one week and under, while the proportion of those sentenced to two weeks and under was 62 per cent. of the males and 70 per cent. of the females, and of those sentenced to three months and under it was 94 per cent. of the males and 98 per cent. of the females.” It is clear, therefore, that in the vast majority of cases the new system of dividing prisoners into classes will have the effect of placing the prisoner in the more favoured classes— either in the first or the second division.

REVIEWS. POOR LAW.

Anom3o1.n’s Poon Law. FIFPEENTH EDITION. By JAMES BROOKE LITTLE, B.A., Barrister-at-Law. Shaw & Sons; Butterworth ct Co.

A new edition of this work is very welcome. The last edition was some twenty-three years old and quite out of date in many respects ; the present brings the law on the subject down to the present time. The constitution, powers, and duties of the various authorities who administer the poor law, from the Local Government Board to the collector of poor rates, are dealt with in the first part; poor relief, including the management of workhouses, occupies the second part. Perhaps the last three parts, relating to the law of settlement and removal of the poor and the poor rate, will be the most frequently consulted by practising lawyers. The statement of the law and the comments on decided cases are lucid, and the whole work keeps up the high standard of the previous editions. It deserves a better binding and get-up; and to our thinking a book of this magnitude is better printed on pages of larger dimensions; it would then be less anxious to part with its cover than a book of the thickness of the new edition of Archbold.

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This was a petition by Messrs. George Newnes (Limited) that the Victoria Date O0. (Limited) might be wound up by the court under the provisions of the Oompanies Acts, 1862 to 1890. The respondent company is a foreign company consisting of more than seven members, and not registered under the Companies Act, 1862. In 1895 the company was registered at Liege, in Belgium, the registered ofl'lce being at 13, Rue Saint Marie, Liege. Its principal place of business in England is situate at and is known as the Victoria Works, 112, Belvedere-road, Lambeth. The petitioners are creditors for £5,021 Os. 4d. for advertising. In support of the petition, Buckley on Companies. 7th ed., pp. 246 and 466: Ra Jllathcson Brothers (Limited) (32 W. R. 846, 27 Ch. D. 225), Ru llfercantile Iiank of Australia (40 \V. R. 440; 1892, 2 Oh. 204), and Ifc Federal Bank of Australi/1 (1893, W. N. 46, 77, 41 W. R. Dig. 45) were referred to. and irwas submitted that there was jurisdiction to make the order. Upon behalf of the company and the foreign liquidator the winding-up order was consented to, but it was asked that the order should be limited, so that the foreign liquidator’s interests should be protected.

Pmnnmoas, J ., ordered the company to be wound up compulsorily. The liquidator to take possession of and protect the English assets only and not to take any further steps without the leave of the court, and notice being given to the foreign liquidator. The solicitors for the

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This was an appeal of the plaintiffs from North, J ., who refused to grant an injunction under the following circumstances. By an agreement dated the 8th of February, 1895, the defendant entered the service of the plaintiffs as their confidential clerk for a term of five years, renewable at the option of the plaintiffs for afurther term of five years. By clause 6 of the agreement the defendant agreed that he would not during his engagement enter into any business either directly or indirectly of a similar nature to that of the plaintiffs under penalty of instant dismissal, nor would he enter into any other business whatever; the defendant further covenanted that if he should be dismissed from the plaintiffs’ service either during the first five years or the further period of five years of his service, he would not engage during the next ensuing three years in any business of a similar nature to that of the plaintiffs within 150 miles of Wolverhampton. In 1898 the defendant of his own accord left the plaintiffs’ service and joined a rival firm, contending that his engagement with the plaintiffs had been terminated. The plaintiffs thereupon commenced this action, and moved for an interlocutory injunction to restrain the defendant until the trial of the action or further order from carrying on any business relating to oods sold by the plaintiffs, or from travelling for any persons other than the plaintiffs in breach of the agreement. North, J ., following Ehrmann v. Bartlzolomrw (46 W. R. 509 ; 1893, 1 Ch. 671), refused the motion. The plaintifis appealed, and urged that the engagement was still subsisting; the defendant could not escape from his employment by absenting himself; the liability on the plaintiffs for the defendant’s salary still continued. In the course of the argument, on a suggestion made by the bench, the plaintiffs undertook not to exercise their option to renew the service for a further period of five years.

Tan Cesar (LINDLEY, M.R., and Cuirrr and COLLINS, L.JJ.) allowed the appeal.

Lirmuir, M.R.—In this case we are harassed by the peculiar form of the appeal, and the course taken by both sides. The justice of the case requires some injunction, the defendant doing now what he has no business to do. The clause in the agreement is a peculiar one. [His lordship read the clause and considered it, and continued :1 The first question is whether that clause is invalid in point of law. To my mind there is no authority to shew that it is illegal; it is confined to during the engagement ; but when one talks about an injunction to enforce it, there is a real difficulty. This court will never enforce an agreement by which one person undertakes to become the slave of another, and therefore an injunction in these terms cannot be right; it would be invalid in point of law. But the plaintiffs say, We want to hold him to his bargain so far as competing with us is concerned ; that does not sin against the principle I have laid down. Mr. Swinfen Eady has undertaken not to exercise his option of renewing the agreement, and that gets rid of that difficulty. The next clause is, the defendant covenants not to engage in any similar business for three years should he be dismissed. The plaintiffs decline to dismiss him, and he ought to be restrained in the terms of the first paragraph of the 6th clause during the engagement. The appeal must be allowed.

Cnrrrr, L.J.—The relation of the plaintiffs to the defendant is that of master and servant. The 6th clause is sub-divided by the words “ during the engagement," and it appears to me that during the engagement there is a valid contract in point of law. The plaintiffs say, We will not dismiss you ; the result is that there is still acontinuing engagement. In my opinion the two parts of clause 6 are clearly separable. We are not to consider whether the covenant is good or bad in law, but whether the court will grant an injunction. The great objection has been removed by Mr. Swinfen Eady undertaking to make the term two years from now. Therefore there is no objection to the granting of the limited injunction asked for at the bar and stated by the Master of the Rolls.

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LEGAL NEWS. OBITUARY.

Mr. WILLIAM Coons, solicitor, clerk of the peace for Cornwall, and clerk to the county council, died at his residence at St. Austell on the 4th inst. at the age of sixty-two. Mr. Coode was senior partner in the firm of Coode, Shilson, 8: Co., St. Austell, solicitors and bankers, of which his only surviving son, Mr. W. M. Coode, solicitor. is a. member. In 1889 he was appointed by quarter sessions to the otfice of county treasurer, in succession to his brother, and this was confirmed by the county council when it came into existence. After the death of Mr. H. S. Stokes, in 1895, the vacant oflices of clerk of the peace and the coimty council were conferred on Mr. Coode, whose father and grandfather had held the position of clerk of the peace in the county. For many years he_ was clerk to the St. Austell Board of Guardians, an otfice which he relinquished when he received the county appointment. In many matters of public importance in his own locality his advice and assistance were frequently sought. He was a man of great assiduity in business, and of kindly disposition, and he will be greatly missed by those who have been closely associated with him. Although he did not enjoy robust health, _he attended with regularity and persistence to the onerous duties which devolved upon him in connection with county administrative business. Mr. Coode leaves a widow and six children.

Mr; Haunt Jscxsou Toaa, solicitor, of the firm of Messrs. Torr, Gribble, Oddie, & Sinclair, 38, Bedford-row,died quite suddenly on the 30th ult., his death being due to the excessive heat. Mr. Torr was educated at Harrow and at Trinity College, Cambridge, where he took his B.A. degree in 1871. Before being articled he entered at Lincoln’s-inn and read for the Bar and, though not called, he retained his membership in the inn up to the date of his death. He was admitted in 1874. Mr. Torr and his father had been connected for over fifty years with the firm of which both were in turn senior partners. The father was one of the founders of the Solicitors’ Benevolent Association, of which the son was a generous supporter. Mr. H. J . Torr was of a retiring disposition, but those w_ho knew him well recognized his unusual powers of mind, his unvarying gentleness of disposition, and his deep and. correct knowledge of law, and his loss will be widely felt.

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The following are the circuits chosen by the judges for the ensuing Autumn Assizes: South-Eastern Circuit, Sir Henry Hawkins; Midland Circuit, Mr. Justice Mathew; North and South Wales Circuits, Mr. Justice Day; \Vestern Circuit, Mr. Justice Kennedy; Oxford Circuit-, Mr. Justice Ridley; Northern Circuit, Mr. Justice Bigham and Mr. J ustice Phillimore; N orth-Eastern Circuit, Mr. Justice Darling and Mr. Justice Channel]. Prisoners only will be tried at these aesizes except at Manchester and Liverpool on the Northern, Leeds on the North-Eastern, Birmingham on the Midland, and Swansea on the North and South Wales Circuits, where civil causes will also be taken. Justices Hawkins, Day, and Kennedy are expected to leave town for their respective circuits on the 25th of October.

The following form of certificate has been approved by the metropolitan magistrates for issue in cases where they are satisfied that an applicant has a conscientious objection to vaccination as provided in section 2 of the Vaccination Act, 1898: “ Metropolitan Police District. To wit,—I hereby certify that , the parent (or other person having the custody) of the child , born on the day of , 18 —, has this day stated before ins that—he conscientiously believes that vaccination will be prejudicial to the health of the said child, and that—he has a conscientious objection to the child being vaccinated on that ground: and I am satisfied that-he has such conscientious belief. Given under my hand at the Police-court, this day of , 18 . , one of the magistrates of the police-courts of the metro lis. Schedule IlI., E. 9, certificate of objection, Vaccination Act, 1898 fdll & 62 Vict. c. 49)."

An important point as to the liability of publicans was raised, says the Times, at the Solihull Licensing Session on the 6th inst. Mr. Dominick Daly, barrister, appeared in his private capacity to object to the renewal of the licence of the Boat Inn between Solihull and Bampden-in-Arden. Recently Mr. Daly and his wife on a very hot Saturday afternoon csllsdst

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the Boat Inn and asked to be served with some tea. The landlord, John Knight, refused to supply them, saying that he could not supply tea as it did not pay. Subsequently he referred them to his wife, who said she could not be bothered. On behalf of Knight, it was now stated that there was no convenienoe at the time Mr. Daiy called. The magistrates severely cautioned the landlord, and said many publicans appeared to think their houses were merely drink shops, whereas they were houses of refreshment. Licensed holders were as much bound to sell tea as to sell drink. Any fntureedsimilar case would be treated with severity. The licence was renew .

At the Alton Brewster Sessions on the 6th inst., says the Daily News, Mr. Raynor Storr, of Highcombe Edge, Hindhead, representing the Crayshott and District Refreshments Co. (Limited), applied for a licence to sell intoxicating liquors on premises at Crayshott Rising, in the neighbourhood of Hindhead. Messrs. G. A‘: E. Hall, brewers, of Alton, also applied for a licence. There is no public~house there at present. The Crayshott Refreshment Association is a philanthropic body presided over by Sir F. Pollock, and under the patronage of the Bishop of Chester. This body wishes to build and conduct the public-house itself, not on teetotal lines, but as a good, comfortable, public tavern under responsible philanthropic management, where the beer will be of the best. Both the refreshment company and the brewers have secured sites for their premises. The case was, therefore, a pitched battle between brewer and bishop for a public-house licence, and it aroused much interest among liquor and temperance interests. The magistrates decided in favour of the bishop, anfd this refreshment company obtained their licence, the brewers’ being re use .

In the City of London Court on Wednesday, Mr. G. Pitt-Lewis, Q.C., the deputy judge, decided a point of some importance to companies respecting the authority of secretaries. Toe New Aurora Syndicate (Limited), 7, Lothbury, sued the Spiral Glob: (Limited), 5, Fenchnrchstreet, to recover the sum of £50 for ndverllssrnents inserted. The order had been given by the secretary of the defendant company, Mr. Bertram Parker, on the headed paper of the company, and he signed the order. The defendants denied their liability for the advertisement, and said that the vendor of the company, one Apostolofi, had agreed to pay all preliminary expenses. Seeing that the company had not even gone to allotment when the order was given, the secretary could not be presumed to have authority to pledge the company's credit. On the other hand, it was urged that a company could only act through its secretary, and that if the defendants were to be allowed to evade their responsibility for his acts business could not be carried on. The deputy judge said he must hold that the defendants were liable for the orders given by their secretary, who had an implied authority to order things in the name of the company. If the vendor had been sued, then it would have been said that the company ought to pay. The defence was not a creditable one. He found for the plaintiffs with costs.

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Araiius-nun Gonn Mnmla Co, Lnii-rsn—Creditors are requested, on or before Oct 11, to send their names and addresses, and the particulars of their debts or claims, to Charles J ermyn Ford, 81, Cannon st. Burn 6: Berridge, Old Broad st, solors for liquidator

F. A. JACKSON 6: Son, Liui-rim—I’stn for winding up, presented Aug 31, directed to be heard on Sept 14. Webb, St Helen's pl, Bishopsgate st, solor for creditors. Notice of gpppaigng must reach the above-named not later than 6 o'clock in the afternoon of

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Huswicx & Co, Linn-rim-—-Petn for winding up, presented A23 31, directed to be heard on Sept 14. Webb, St HI.-lcn’s pl, Bishop:-igute st, solor for cr itors. Notice of appearing must reach the above-named not later than 6 o‘clock in the afternoon of Sept 13

Lanna "Ara-rioii-r " Issaa Tons, Liiii'riin——Creditors are required, on or before Oct 18, to send their names and addresses, and the particulars of their debts or claims, to Joseph John Thomas, 91, Queen Victoria st

Lariiila BYIIDICATR, Luii-rnn—Creditors are required, on or before Oct 14, to send their names and addresses, and the particulars of their debts or claims, to Frederick William Smith, 113, Wool Exchange. Trinder & Co, Cornhill, solors to liquidator

Pannocx Lira, Lmi'rim—Creditors are required, on or before Oct 1, to send their names and addresses, and ~culam of their debts or claims to George Franks, 34, St John’: Wood tar. ell, at Wl11chQ1‘0r st, solor to liquidator

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Boosr AND NIWBOLD Cairns-r Co. Liaiirrn (IN Liqcinii'riori)—Credit_ors are u.i_r~ed. 011 or before Sept 24. to send their names and addresses, and the particulars omm debts and claims. to Alfred Ebenezer Wenham, Waterloo st, Birmingham. Wragge 51 C0. Birmingham. solors for liquidator _ _

Wii.i.ini Rsrsonns dz Co, Liiii-rzn—Credi_tors are reiqlun-ed, on or before Oct 10, to send their names and addresses. and the particulars of air debts or claims, to John Merrett Wade, 5, Fenwiclr st, Liverpool. Field C0, Liverpool, solors for liquidator

W. Siviiiririzsoanirs 8: Boss, Liiii'rsi>——Creditors are required, on or before Oct 19, send their names and addresses, and the particulars of their debts or claims, to Richard Gardner Robson. ‘Z5, Barlow ter, Keighley, York. Wright 8: Waterworth, Kaighley, solors to liquidator

FRIENDLY SOCIETIES DISSOLVED. Bnirisii QUEEN Faizsoiir BUBIAL Socisrr, British Queen, Bridge st, St Helena, [Ancastcr. Aug 22 London Gareue.—Torsoar, Sept. 6. JOINT STOCK COMPANXIS. LIIXTID ix CBAIOIBY. _

Asiinrrnxnni Tisrnare Co, Liiri-rzo (is Vowrvnnr LiouioA'riox)—Cred.itors are reqhuired, on or before Sept 30, to send their names and addresses, and the particulars of té eir debts or claims, to Samuel Taylor and Isaac Phillips, 8, Temple b dg-s, Goat st,

wansea

Anroinrio S'r1mr- Dauvimr Co, Liiii-rnb—Creditors are reqluired, on or before O to send their names and addresses, and the particulars of t eir debts or claims, to Abbott, 61, Grzuechurch st Stannard, Eastcheap, solor _

Buirisii TYPE Fousimr. Liiiirro-—Petn for winding up, presented Aug 81, directed to be heard on Sept 14 Chalton Hubbard, 40, Chancery ane, petner and solor Notice of gppearing must reach the above-named not later than 6 o'clock in the afternoon of

ept 13 _

MEl)lC0—H\'GlENlC INVRNTIONS Co, LIIITED (IN Liooiua1‘ios)—Credit1rs are requ_ired.0n or before Oct 15, to send their names and addresses, and the particulars of their debts pir clsiuap, to W F Mapleston, 3, Lothbury Munns 8: Longden, Old Jewry, solors for

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Pncocir’s Borrnmo Co, Liiiiriio (ix Vonosrrnv Liquinn-ioir)—Credit0r_s are on or before Oct 1, to send their names and addresses, and the particnlarso their debts or claims, to Edward William Davis, Huntriss chbrs, Scarborough

PORTABLE Foon Co, Liiiirso—Credit/ors are required, on or before Oct 21. to send their names and addresses, and E:;i'.l0l118.l.'S of their debts or claims, to C. Albert Bpderv macher, 1, Jeffrey's sq, St ry Axe

Savor Pnsss, LIMITED, 115, Sraasn, W.C.—Petn for winding up presented Aug 80, directed to be heard on Sept 14. Easton & Cargill, Walworth rd, |olor_s for petner. Noticefogéiptpearing must reach the above-named not later than 6 o'clock in the afternoon o p 13 _

TUDOIUA LAMP Co, Liirirao-—Creditors are required, on or before Oct 19, to send their names and addresses, and the particulars of their debts or claims, to S. Saker, B5-W, Finsbury pavement

FRIEVDLY SOCIETIES DISSOLVED.

BOTANIC Essr Liviisroor. Bniurir Socirrv, 1, Botanic rd, Lancaster, Aug 29

Losnos Honssiiobnsiis’ arm Owiii:as' Moron. Psorirorioir Assooranos, LIIIITID, 30, Heygnte st, \Valworth rd. Aug 17 _

VICTOEIA Lonoz, 316, Order of Druids, Waterloo, near Liverpool. Aug 8

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Suimsii, Aaraua, Sleaford, Lincoln, Farmer Sept 30 Peaks & Son, Sleaford

H1-ZALD, ELLEN, Forwt Gate, Essex Sept 30 Wood & Co, Manchester

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Sept 28 Blyth 8: Co, Gresham House BANKRUPTCY NOTIC ES.

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Waruiir, Enssxoa, Saliord, Lance Sept 21 Crolton & Co, Manchester

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