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INCORPORATED

LAW

SOCIETY.

CLASSES AND TUITION FOR ARTICLED CLERKS.

TUTORS.

J. CARTER HARRISON, 30, Bedford-row, W.C.-Equity, Conveyancing, Common Law, and Bankruptcy. LEONARD H. WEST, LL.D., 19, Southampton-buildings, Chancery-lane, W.C.-Criminal and Magisterial Law; Probate, Divorce, and Admiralty; and Ecclesiastical Law. Stephen's Commentaries.

CLASSES for Final Students are held at the Hall of the Society on four afternoons each week during the following periods: August to January; January to June.

These periods afford five months' class preparation, and students are a vised to subscribe for a full course otherwise the work must necessarily be hurried. Students may join the classes either before or after the Intermediate Examination without subscribing to the course of Postal instruction, but it is recommended that they should avail themselves of both modes of in

struction.

Subscribers to either Class or Postal instruction have the opportunity of consulting the Tutors upon the work of the course in personal interview or by letter at any time.

To those Clerks who are articled at a distance from large towns systematic Instruction with advice and help is given, and a course of preparation through the post has been devised, and is found to be useful where personal tuition is impracticable.

Class instruction is also provided on the selected portions of Stephen's Commentaries and the subjects above named, and it is recommended that the classes should be joined after the expiration of a course of Postal instruction. Students can join the classes at any time, the fees being proportionate to the length of attendance, except that no fee shall be less than that for a three months' course.

Rooms are provided where subscribers may study, and books are supplied without extra charge.

Periodical test examinations are held by the Tutors.

afforded by fortnightly papers, and embraces the following subjects: Equity, Conveyancing, Common Law, Bankruptcy, Criminal and Magisterial Law, Probate, Divorce, Admiralty, and Ecclesiastical Law.

These papers both before and after the Intermediate Examinations are varied each year, so that students who may subscribe for more than one year's tuition receive additional assistance.

These courses may be commenced at any time, but the Tutors recommend that the Intermediate course should be commenced at an early stage of the Articles, and the Final course soon after the Intermediate Examination has been passed. The results obtained have been satisfactory. Many pupils have obtained honours, and the percentage of passes is a high one, exceeding 85 per cent. of between three and four hundred pupils who last presented themselves for examination. It has happened on several occasions that all Class pupils have been successful, and the same has occurred in the case of subscribers to the Correspondence Courses.

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TERMS. FINAL.

after previous Postal Instruction... 4 months

after previous Postal Instruction .. 3 months after previous Postal Instruction Postal Instruction, 2 years... 1 year Class Instruction, 6 months after previous Postal Instruction... 3 months

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"INTERMEDIATE.

after previous Postal Instruction... Postal Instruction, 2 years...

The Classes for Intermediate Students are held in the Hall of the Society"
on three afternoons in each week during the following periods: August to
November; October to January; January to April; March to June.
Subscribers may subscribe for successive classes.

Books can be obtained from Messrs. Stevens & Sons, or other law lending library, for an annual subscription of a guinea and a-half to cover the course of work for the Final Examination, and Stephen's Commentaries can be supplied to either Class of Postal Subscribers, at an annual subscription of one guinea, on application to the Tutor, Dr. West.

In the case of students who have not passed the Intermediate Examination the Postal instruction is by means of monthly papers, and deals with the selected portions of Stephen's Commentaries.

For those who have passed the Intermediate Examination instruction is

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12 months

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THE COMPANIES ACTS, 1862 TO 1898.

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Every requisite under the above Acts supplied on the
shortest notice.

use.

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The BOOKS and FORMS kept in stock for immediate
MEMORANDA and ARTICLES OF ASSOCIATION TREATMENT of INEBRIETY and ABUSE of DRUGS.
speedily printed in the proper form for registration and
distribution. SHARE CERTIFICATES, DEBENTURES,
SEALS designed and executed. No Charge for Sketche
CHEQUES, &c., engraved and printed. OFFICIAL HIGH SHOT HOUSE,

Solicitors' Account Books.

RICHARD FLINT & CO.,

Stationers, Printers, Engravers, Registration Agents,
49, FLEET-STREET, LONDON, E.C. (corner
of Serjeants'-inn).

Annual and other Returns Stamped and Filed.
PATENTS and TRADE-MARKS.

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W. P. THOMPSON & CO., Legal and Medical References. For terms and particulars

322, High Holborn, w.c.
(and at LIVERPOOL, MANCHESTER, and BIRMINGHAM),
LONDON and INTERNATIONAL AGENTS of Pro-
vincial and Foreign SOLICITORS in
PATENT matters.
Representatives in all Capitals.

they are secured by a Trust establishing PATE

ential charge thereon for the holders.

Prospectuses and full information as to the rates of interest may be obtained from the Manager, 8, Great Winchester-street, London, E.C.

DATENTS.-Mr. F. W. GOLBY, A.I.M.E., M.S.A., Patent Agent (late of H.M. Patent Offices 36, Chancery-lane, London, W.C. Letters Patent obtained and Registration effected in all parts of the World. Oppositions conducted. Opinions and Searches as to novelty.

LONDON GAZETTE (published by authority) and LONDON and COUNTRY ADVERTISEMENT OFFICE.-No. 117, CHANCERY LANE, FLEET STREET.

HENRY GREEN, Advertisement Agent,

begs to direct the attention of the Legal Profession to the advantages of his long experience of upwards of fifty years, in the special insertion of all pro forma notices, &c., and hereby solicits their continued support.-N.B. Forms, Gratis, for Statutory Notices to Creditors and Dissolutions of Partnership, with necessary Declaration. Official stamps for advertisements and file of "London Gazette" kept. By appointment,

VOL. XLII., No. 46.

SOCIETY, LIMITED

LAW REVERSIONARY INTEREST

Capital

24, LINCOLN'S INN FIELDS, W.C.

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ESTABLISHED 1853.

Debentures and Debenture Stock REVERSIONS BOUGHT.

...

£400,000 £180,000 LOANS MADE THEREON. Proposal Forms and full information may be had at the Society's Offices. W. OSCAR NASH, F.I.A., Actuary. MIDLAND RAILWAY HOTELS. LONDON, N.W. (Within Shilling cab fare of Gray's-inn, Inns of Court, Temple Bar, Law Courts, &c. 'Buses to all parts every minute. Close to King's MIDLAND GRAND Cross Metropolitan Ry. Station. The New Venetian Rooms are (St. Pancras Station). available for Public and Private Dinners, Arbitration Meetings, &c.)

LIVERPOOL BRADFORD

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ADELPHI MIDLAND

QUEEN'S

MIDLAND

MIDLAND

Close to Central (Midland) Station. Excellent Restaurant. In Centre of Town. For Peak of Derbyshire. Tennis Lawn to Seashore. Golf. HEYSHAM-HEYSHAM TOWER, nr MORECAMBE. Lovely Country. Golf. Tariffs on Application. Telegraphic Address" Midotel." Adelphi "Turtle" Soup forwarded from Adelphi Hotel, Liverpool, per quart jar 18s.; per pint jar, 9s. 6d., carriage paid. Speciality for In al ds. WILLIAM TOWLE, Manager Midland Railway Hotels.

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MR. JUSTICE PHILLIMORE finishes his term as Vacation Judga

HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. this week, and will be succeeded by CHANNELL, J. The former IMPORTANT TO SOLICITORS

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AN AMUSING Contrast is presented by the reports this week of Act. Mr. DICKINSON in a case which came before him satisfied two applications to police magistrates under the new Vaccination himself with putting to the applicant two questions which kept strictly to the point. Did the applicant state publicly that he believed that vaccination would be prejudicial to the health of the child, and did he on that ground conscientiously object to the vaccination? An affirmative reply to both these questions ied, according to the report, to the brief observation, "Take your certificate." There was in fact no more to be said. applicant had stated all that was necessary to entitle him to the benefit of the Act, and the magistrate, having no reason to suspect his bona fides, promptly acceded to his application. Mr. PLOWDEN, on the other hand, indulged in the futile attempt to overawe the applicant by pointing out that he was in an insignificant minority, and by dwelling on the terrible results of an outbreak of small-pox. Moreover, as to the conscientious belief that was to satisfy him, it was to be such a belief as would send a man cheerfully to the stake. Happily there is no chance nowadays of testing what sort of belief this may be, and as the applicant got his certificate Mr. PLOWDEN'S difficulty in being satisfied was perhaps less than he represented. But of the two methods of hearing applications under the Act there can be no doubt which is the preferable. When an objector has publicly appeared to claim exemption for conscience sake it is useless to make appeals to his reason, even had the Legislature given any hint, which it certainly has not, that such a duty was to be undertaken by the court.

WE PRINT elsewhere a letter from a correspondent calling Mellor, The Right Hon. John W., Q.C., attention to the practical results of the recent decision of

M.P.

Mills, Richard, Esq.

Morrell, Frederic P., Esq. (Oxford).
Pennington, Richard, Esq.
Rowcliffe, Edward Lee, Esq.
Saltwell, Wm .Henry, Esq.

Williams, C. Reynolds, Esq.
Williams, Romer, Esq.
Williams, William, Esq.

STIRLING, J., in Life Interest Securities Corporation v. Hand-inHand Insurance Society (46 W. R. 668). At the time the decision was given we expressed our regret (ante, p. 604) that it had not been found possible to give wider scope to the protection conferred by the Conveyancing Act, 1881, upon purchasers from mortgagees, but the words of section 21 (2)

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individually and in a representative capacity the case was the same as though there were distinct plaintiffs, and hence the question arose whether the claim against the directors for deceit and the claim for a return of the dividend arose out of the same transaction so as to allow of their being joined together under the rule. The circumstance that there was a common question of fact did not help the plaintiff unless he could get over the preliminary of the claims arising out of the same transaction. This, however, he could not do, and so the Court of Appeal held. His dealings with the directors in respect of the purchase of shares, and their conduct in paying dividends out of capital, were distinct transactions, and the rule did not apply. The plaintiff, accordingly, was put to his election upon which of the two causes of action he would proceed.

II.

allowed, though they by no means compelled, the construction was added as a defendant. Since the plaintiff was suing both adopted by Mr. Justice STIRLING, and it must now be understood that the provision only protects purchasers who have actually taken a conveyance, and does not protect a mortgagee who is selling in the professed exercise of his power of sale against requisitions as to whether the power has in fact become exercisable. The clause runs as follows: "Where a conveyance is made in professed exercise of the power of sale conferred by this Act, the title of the purchaser shall not be impeachable on the ground that no case had arisen to authorize the sale, or that due notice was not given, or that the power was otherwise improperly or irregularly exercised; but any person damnified by an unauthorized, or improper, or irregular exercise of the power shall have his remedy in damages against the person exercising the power." With the exception of the first few words no objection can be taken to the generality of this provision, but it is all governed by the restriction that it is to apply only where a convey- THE PRISONS REPORT AND THE PRISON ACT, 1898. ance is made, and, according to the recent decision, the purchaser is thus left at liberty before conveyance to require evidence that the power of sale has in fact become exercis- WE noticed last week certain of the changes in prison discipline able. In Dicker v. Angerstein (3 Ch. D. 600) there was an and management which are to be made by the Prison Act express power of sale with a proviso that upon any sale passed in the late session of Parliament, considering them in purporting to be made in pursuance of" the power, the connection with the statistics contained in the report of the purchaser should not be bound to inquire as to the regularity Prison Commissioners recently issued. The Act makes a further of the sale, and this was held to protect the title of a purchaser change in favour of prisoners by allowing them to earn by even though at the time of sale the mortgage-money had been special industry and good conduct a remission of a portion of repaid. Practically it would seem to make very little difference the sentence. Hitherto the principle has only applied in the whether the proviso, express or statutory, protects the convey-case of prisoners under sentence of penal servitude, but under ance or the sale. The contract of sale is preliminary to the section 8 prison rules may be made for enabling any prisoner conveyance, and it is not clear, apart from the decision, that sentenced to imprisonment, for a period to be prescribed by the purchaser, who will be protected against irregularities the rules, to earn remission in this way, and on his discharge immediately he has got his conveyance, is entitled to raise the his sentence will be deemed to have expired. The great exquestion of irregularity before conveyance. For the present, tension which is thus to be given to the system attaches much however, the matter is not open to argument, and for practical importance to the memorandum on the assignment of marks purposes the result of the decision of STIRLING, J., is that a under the "Progressive Stage System "which has been issued by mortgagee who sells under the statutory power must be pre- the Prison Commissioners to the governors of prisons and which pared with evidence that the power is exercisable. Thus, where is printed as Appendix No. 22 to the report. The principle of he intends to rely upon notice given under section 20 (i) he the mark system, it is observed, is based necessarily on the must, as our correspondent points out, preserve evidence of the assignment of marks in an intelligent and just way, by the notice. responsible officers, to each individual prisoner. But the system tends to become mechanical in its operation, and the Commissioners desire to attain greater accuracy in the allotment of marks and to make it correspond as far as possible with the actual amount of work performed in a day by each prisoner according to his capacity.

THE RECENT decision of the Court of Appeal in Stroud v. Lawson (46 W. R. 626) is useful as showing the limit which is to be placed in practice upon the generality of R. S. C. ord. 16, r. 1, in its present amended form. The rule relates to the joinder of different plaintiffs in the same action, and, as it originally stood, there was much difference of opinion as to the extent of its application, whether it allowed of the joinder of plaintiffs suing in respect of distinct causes of action, or whether the relief claimed by each plaintiff must be claimed in respect of the same cause of action. Lord ESHER, M.R., in Hannay v. Smurthwaite (42 W. R. 133; 1893, 2 Q. B. 412), held that it was sufficient if the causes of action, although different, arose out of the same transaction, but BowEN, L.J., in the same case, took a stricter view, observing that the rule did not intend a writ to be an omnibus travelling on a certain route into which any number of persons might get as passengers for the journey. The House of Lords (43 W. R. 113; 1894, A. C. 494) agreed with BowEN, L.J., but the result was so inconvenient that the rule was forthwith altered in accordance with what Lord ESHER had held to be its true meaning, and now "all persons may be joined in one action as plaintiffs in whom any right to relief in recpect of or arising out of the same transaction, or series of transactions, is alleged to exist, whether jointly, severally, or in the alternative, where if such persons brought separate actions any common question of law or fact would arise." In Stroud v. Lawson (supra) the plaintiff, who was a shareholder in a company, claimed damages from the directors for having induced him by deceit and fraud to purchase shares in the company at a price above their real value. One of the particulars of deceit and fraud alleged was the payment of a dividend out of capital. In respect of the same payment the plaintiff sued also on behalf of himself and the other shareholders, claiming that the money so paid should be repaid by the directors to the company. For the purpose of this second claim the company

The memorandum, which, it seems, has already had this result, commences by observing that the awarding of marks under the Progressive Stage System is one of the most important and responsible duties devolving on a prison officer, and in the execution of which the greatest care and attention are necessary. The principle of the system is expressed in the maxim: Marks must be earned by actual work performed, and marks so earned may be forfeited by misconduct. Three degrees of industry are recognized, carrying respectively on each weekday 8, 7, or 6 marks. In the case of a prisoner sentenced to hard labour, he is already bound to work and to work hard in discharge of his sentence, and, if he satisfies his duty in this respect, he gets the minimum number of marks-i.e., six, for his day's work. For doing less than the minimum task there is no reward, only liability to punishment. It appears that the degrees of industry are judged by a standard of a working day of nine hours. Ă A prisoner who takes the whole of this time to do work which a man working hard could do in six hours is deemed to have accomplished the minimum task, and he gets six marks; if the work over which the prisoner takes the whole day could be done in seven and a-half hours he gets the medium rate of marks-i.e., seven; and eight marks are awarded to the prisoner who actually gets through the full work which a man working hard can accomplish in the nine hours. The memorandum gives examples illustrating further how the marks ought to be awarded, but with all the help that can be given by rules the task is obviously one which for its successful accomplishment depends entirely on the watchfulness and discretion of the officers. The Act also contains a further means of shortening terms of imprisonment in certain cases by pro

viding (section 9) that where a person is committed to prison
for non-payment of a fine, the payment of a portion of the fine
will entitle the prisoner to the remission of a proportionate
part of the sentence.
Section 5 of the Act imposes a restriction on corporal punish-
ment by providing that the infliction of such punishment shall
not be authorized by prison rules except in certain specified
cases; and, by section 2, provision is made for the appointment
for convict prisons of a board of visitors similar to the visiting
committee of a local prison. The board will be appointed by
the Home Secretary, and at least two of its members are to be
justices of the peace.

Some of the statistics summarized in the report have been already referred to in connection with the changes introduced by the recent Act. Other matters of interest may be briefly noticed. The last decade shows a very remarkable decrease in the number of juvenile offenders committed to prison. The table given is not an accurate guide for the whole period inasmuch as, up to 1892, the figures include unconvicted prisoners. Since that year, however, only convicted prisoners are included, and, to take only the years 1893 and 1896, the number of prisoners under twelve years has fallen from 150 to 60; from twelve to sixteen years it has fallen from 2,774 to 1,438; and from sixteen to twenty-one years from 21,585 to 16,367. It is of course unfortunate that any child under the age of twelve years should fall within the jusisdiction of the Prison Commissioners at all, and a further diminution in both the first two classes is to be hoped for, whether it is caused by the diminution of "juvenile crime" or not. It is satisfactory, however, that special treatment is accorded to the juvenile offenders, either in the prison to which they are committed, when the sentence is less than one month, or in collecting prisons, when the sentence exceeds this period. Upon the operation of the new rules for the treat ment of juvenile offenders the governor of Bedford Prison reports: "As a result of these rules being carefully applied, strict discipline (combined with discretion and kindness), and constant employment, it is proved, beyond doubt, that the imprisonment of these lads has a most salutary effect, which is only realized by a comparison, both as regards their moral and physical state on reception, with their condition on discharge." This, of course, is no more than might be expected, but it would be better if the discipline and kindly treatment could be obtained in a school unassociated with prison traditions.

It has been seen above that the increase in the catalogue of quasi-criminal offences leads to an apparent increase in the crime of the country. The "scorcher who happily comes to grief in the presence of a policeman and so renders his arrest possible, and the harmless citizen whose dog wanders forth unmuzzled, alike help to swell the total. But the sentences to penal servitude, which really indicate the state of society in relation to crime, shew a very remarkable decrease. In the five years ending with 1859 the average yearly number was 2,589, and the population of England and Wales was 19,257,000. In 1897 the population had risen to 31,055,000, but the number of sentences had fallen to 735. This diminution in the number of prisoners is also associated with special efforts to prevent the association of convicts under twenty-four years of age with older criminals, and to provide for their careful instruction in trades. A study has been made by the chairman of the Commissioners, Mr. RUGGLES-BRISE, of the American State Reformatory System so as to secure, if possible, for this class of convicts still more suitable treatment with a view to their entire reclamation, but the practical results of the inquiry are still to come. Apparently young offenders on the other side of the water are treated too well for the system to obtain immediate adoption here. It is a curious fact that the percentage of convicts who are fit for hard labour is undergoing a marked decrease, and this, taken in connection with the diminution in their number, will make it impossible for the Government again to accomplish by convict labour such important works as the breakwater at Portland and the Great Basin at Chatham.

Upon the important question of the education of prisoners the report states that a new scheme, which is given in Appendix No. 25, is now in full operation, both in local and convict prisons, and, so far as the Commissioners are able to judge, it is

likely to be attended with good results. All prisoners under forty years of age with sentences of three months and over are eligible for instruction, and are divided after examination on reception into (a) Illiterates, (b) Standard I., (c) Standard II., and (d) Standard III. All prisoners who have not attained to Standard III. receive individual cellular instruction for two periods of twenty minutes each per week. This limit has been criticized as being too short for the purpose of imparting any effective instruction, but it is pointed out in the report that the period during which a prisoner is kept back from labour is two hours on each of two days in the week, and out of those two hours the schoolmaster gives his individual attention to each prisoner for at least twenty minutes, the prisoners being placed in contiguous cells so as to admit of the easy and continuous passing of the schoolmaster from one prisoner to another. It is thus the intention to secure some of the advantage of class instruction without having recourse to the association of prisoners. The object of the system, it is stated, is to provide such simple and elementary education as will enable an illiterate or imperfectly educated prisoner to obtain, during his imprisonment, such instruction as will enable him at least to read and write easily and make simple calculations in money likely to be of service to him on his discharge for the purpose of his everyday occupations. The object is laudable enough, though we should have imagined that the majority of the present race of prisoners had attained at least to this standard on entry. Prisoners who have passed Standard III. do not apparently receive any instruction, but they are supplied with educational books in their cells, and are encouraged to work at them in their leisure time.

In conclusion we may refer to the remarks which the Commissioners make on the subject of recidivism. At first sight it may seem that the number of re-convictions is a test of the efficiency or otherwise of the prison system of a country, but this is not the view favoured in the report. It is held, the Commissioners point out, by very careful and recognized authorities, that the number of re-convictions can be given, not as proof of the badness of a prison system, but as a hopeful sign that crime is being confined to one set of people, and that the stream of criminality is becoming, as it were, narrowed. To this effect the authority of Sir E. F. Du CANE is quoted. The Commissioners, accordingly, repudiate the allegation sometimes made that the increasing roll of recidivism is due to the tendency of the prison system to manufacture habitual criminals. We trust that they are right, and that the habitual criminal emphasizes himself simply because there are fewer recruits entering the army of crime. Prevention is better than cure, and whether prison discipline is in its effects curative or not, it is certainly safer to deal with young offenders so as to prevent them from lapsing into a life of crime. The Commissioners speak hopefully of the various agencies for this purpose which are now in operation. In this respect they have the statistics all on their side.

CORRESPONDENCE.

NOTICE BEFORE EXERCISING POWER OF SALE. [To the Editor of the Solicitors' Journal.]

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Sir, The case Life Interest, &c., Securities Corporation v. Hand-in-Hand Insurance Society (42 SOLICITORS' JOURNAL 34) should be noted not only for the point it decides, but as shewing the importance of mortgagees giving, and preserving evidence of, notice prior to exercising their powers of sale, whether conferred by The above case decides in effect that a purchaser is protected if he the Conveyancing Act or expressly reserved by the mortgage deed. have obtained a conveyance under the power of sale in the Conveyancing Act without notice of any irregularity in the exercise of the power, and that before conveyance he is entitled to inquire if the power of sale has become exercisable.

As to a power of sale expressly reserved by the mortgage deed much must depend on the wording of it, and from Mr. Justice Stirling's comparison, in the above case, of the case of Dicker v. seem that unless such the sale shall be deemed within the power notwithstanding power contains words tantamount to a declaration that any irregularity, or some such protection be given to the vendor, the latter is liable to be asked by the purchaser whether the power

Angerstein (3 Ch. D. 600) it would

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has become exercisable—e.g., whether notice has been given, with the result that if notice has not been given the vendor cannot enforce the sale, and this notwithstanding that there is a clause relieving the purchaser from the obligation of inquiring.

It seems, therefore, that even if a mortgagee exercising his power of sale were willing to incur responsibility to the mortgagor by omitting to give notice, say, in the case of a hopelessly deficient security or difficulty in effecting service, he would still, if required, have to satisfy the purchaser that notice had been given except in the exercise of a fully and specially drawn power. F. G. L. Framlingham, Sept 8.

[See observations under "Current Topics."-ED. S.J.]

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Before the Vacation Judge.

SHIREBROOK COLLIERY CO. (LIM.) v. BURKE AND OTHERS. 14th Sept.

HIGHWAY-TRESPASS TO LAND-USE OF HIGHWAY OTHERWISE THAN SUCH-INJUNCTION.

AS

This was a motion on behalf of the plaintiffs, the colliery company, that the defendants, Mr. William Burke and others, might be restrained until the trial of the action or further order from trespassing or entering on land belonging to the plaintiffs and known as Acreage-lane, or on any other land of the plaintiffs. Upon behalf of the plaintiffs it was raid that the company were the owners and occupiers of the land adjoining an Occupation road known as Acreage-lane for a considerable distance on both sides, and the soil of the land belonged to the company for that distance. The company were as to part of the land owners in fee simple, and as to other part lessees for eighty years from the 15th of August, 1895. The occupation road known as Acreage-lane ran from a lane called Long-laue, which was also an occupation road, into a field now in the Occupation of the company, and closely adjoined the works of the company, which could only be reached by way of Acreage-lane and other private roads belonging to the company. In June last labour difficulties arose at the colliery of the company, and in consequence of the refusal of the directors to discharge one of the colliery officials the greater part of the men employed went out on strike. At the time of the strike the company were employing about 500 men. The men still remaining at work were about 100 in number, and were chiefly stokers, mechanics, engine-wrights, and deputies, and a few colliers employed to keep in order the winding machinery and pumping machinery at the colliery and to keep the works going. Some of these men lived in cottages belonging to the company, and went to and fro from the colliery along Acreage-lane in the morning and evening, but the company had provided accommodation at the colliery for a number of the men who still remained at work, and the last-mentioned men lived and slept in the colliery. For some time after the beginning of the strike none of the strikers made use of Acreage-lane, which belonged to the company, or endeavoured to molest the men who remained at work, but of late they had congregated there every day to the number of 100 or more in that part of Acreagelane which belonged to the company in the early morning, between 5 and 6 o'clock, about the time when work commenced at the colliery, and again in the evening, between 3 and 5 o'clock, about the time when work ceased at the colliery, for the purpose of abusing and hooting the men who lived at the colliery, and of waylaying and intimidating the men who went to and from their work along Acreage-lane. The result had been that several of the men who had remained at work had been frightened into quitting the employment of the company. The strikers had been making every effort to frighten away the stokers, who kept up steam at the boilers, and al-o the pumping engine men. The defendants were the strike leaders. Assuming, for the purpose of the motion, that there was a public right of way over Acreage-lane, there was no right in law to use it for those purposes. Harrison v. Duke of Rutland (41 W. R. 322; 1893, 1 Q. B. 142) was cited. For the defendants it was said it was some Welshmen who hooted, not the English strikers.

or

PHILLIMORE, J., made an order restraining the defendants from holding meetings in Acreage-lane or gathering crowds in Acreage-lane, shouting abusively from Acreage-lane at the plaintiffs' workmen, or from using Acreage-lane otherwise than for the purpose of passing and repassing at their pleasure.-COUNSEL, C. A. Russell, Q.C.; Bryan Farrer. SOLICITORS, Devonshire & Co., for Busby, Davies, Sanders, & Co., Chesterfield; Hind & Robinson, for J. E. Alcock, Mansfield.

[Reported by J. E. ALDOUS, Barrister-at-Law.] OWNERS OF "ALPHA" v. OWNERS OF

"MARIA RICKMERS."

14th Sept. ADMIRALTY -PRACTICE-ARREST-ACTION IN REM-GUARANTEE-LIS ALIBI PENDENS STAYING PROCEEDINGS-RELEASE OF SHIP-BAIL. This was a motion upon behalf of the defendants that this action might be ordered to be dismissed with costs, and that the above steamship or vessel Maria Rickmers, now lying under arrest at Falmouth in this action, might be ordered forthwith to be released; or in the alternative, that the plaintiffs might be ordered to elect whether they would proceed with this action or with the action instituted by the said plaintiffs, and now pending in Germany, against the defendants in respect of the same services rendered to the said steamship or vessel. In support of the motion it was said that the present action was an action in rem for salvage services alleged to have been rendered by the plaintiffs to the steamship Maria Rickmers, her cargo and freight, in the North Atlantic Ocean in

February, 1898. The writ was dated the 8th of September, 1898, and on the same day the ship was arrested. Shortly after the services were rendered the steamship Maria Rickmers was arrested at Halifax, Nova Scotia, at the suit of the plaintiffs. The ship was afterwards released March, 1898. Such bail bond or guarantee was as follows: "The underupon bail bond or guarantee in the sum of £10,000, dated the 5th of signed' Anthony George Kroller, member of the business firm trading under the name of William H. Muller & Co., agents of the joint-stock company, the Norddeutscher Lloyd, of Bremen, having his office in Amsterdam, hereby declares, both on his own behalf and on behalf of the firm under renunciation of the privileges which the law grants to sureties, that he constitutes himself principal surety and principal codebtor for Captain commanding the German steamer Maria Rickmers, residing in and her owners, and, as far as may be necessary for the joint-stock company the Norddeutscher Lloyd, in favour of Captain T. Dekker, commanding the Dutch steamer Alpha, residing in Terschelling, and her owners, and that he does so as security for the compensation which may be found to be due to the said Captain Dekker or his owners in respect of services rendered to the Maria Rickmers and her cargo in the beginning of March, 1898, but to no higher amount than ten thousand pounds sterling (£10,000). And he consequently binds himself to promptly upon the first demand as his own debt up to a maximum of the aforesaid amount pay such sum as may have to be paid by virtue of a final or accepted judgment, or by virtue of an arbitration award, or of an amicable compromise between the parties by the said said services, to the said Captain Dekker and/or her owners. captain of the steamer Maria Rickmers and/or her owners in respect of the This bail is given in cancelling and in place of the arrest made in Halifax of the steamer Maria Rickmers without prejudice and in reserving all rights, no other facts being hereby admitted than those which are in conformity with the truth." The parties having failed to agree upon the sum to be paid in respect of the alleged salvage services the plaintiffs instituted proceedings for salvage against the defendants in respect of the same services at Bremerhaven, and judgment was expected in about a fortnight. The plaintiffs were fully secured by the bail bond or guarantee. It was submitted that the bail bond or guarantee having been given on behalf of the defendants and accepted by the plaintiffs in order to release the Maria Rickmers, it was against good faith on the part of the plaintiffs to cause the ship to be re-arrested in the action and to require further bail in respect of the same services. The bail bond amounted to a covenant For the respondents it was contended that there was no lis alibi pendens. The Christiansborg (10 P. D. 141, 34 W. R. Dig. 147) was cited. The court at Bremerhaven held a kind of preliminary inquiry, and had no power to give judgment. The respondents were quite willing to abandon the German proceedings. The Mannheim (1897, P. 13, 45 W. R. Dig. 146) was cited.

not to sue.

Pro

PHILLIMORE, J., ordered the ship to be released without bail. ceedings in this action stayed until plaintiffs have procured the dismissal of the proceedings at Bremerhaven. Costs of this motion to be defendants'. The costs of the application to put the ship into dry dock reserved.-COUNSEL, F. Laing; J. A. Hawke. SOLICITORS, Holman, Birdwood, & Co.; Clarkson, Greenwells, & Co.

[Reported by J. E. ALDOUS, Barrister-at-Law.]

LAW SOCIETIES.

AN OLD BRISTOL LAW SOCIETY.

[The following account of an early law society was written at the time of the visit of the Incorporated Law Society to Bristol in 1894, and published in a local paper. It has recently been sent to us with a suggestion that it is worthy of preservation in these columus, a suggestion to which we willingly accede-ED. S. J.]

On the 19th of October, 1770, there met at the Bush Tavern, in Cornstreet, between seven and eight o'clock in the evening, "divers attorniesat-law and solicitors in chancery, who there and then, upon consideration of the many advantages which might arise from a regular and wellordered association of the practisers of the laws of this realm," formed themselves into a society called "The Law Society." Their names were George Booth Tyndall, Nathan Windy, Joseph Horwood, James Hughes, William Webley, Francis Ward, Jacob Kirby, Daniel Burges, Thomas Brigstock, Joseph Fowle, Edward Daniel, John Seager, Edward Parker, Joseph Hawkes well, Thomas Brooke, George Birch, John Blagden, and Thomas Harford. For the crest of the society they assumed the blindfolded figure of Justice with scales and sword; their coat of arms on the upper portion of the shield bore the serpent and dove, and on the lower portion displayed an anchor; the supporters were a winged Pegasus dexter, and a lamb with a banner sinister, while beneath ran the legend Lex anchora Regni.

The meetings of the society were held at the Bush Tavern on every Second Tuesday, and also on the first and last days of every term; they commenced at 7, and continued till 10.30 p.m., when the tavern bill was, by their rules, directed "to be called and discharged."

The officers of the society were a president and a treasurer. The president held office for two successive meetings; his duties were to summon the meeting, to bring with him the key of the chest, and to enter minutes of the proceedings. The treasurer was elected annually, and had to find approved sureties to join with him in a bond for his duly paying and delivering to the next succeeding treasurer "all moneys, papers, writings, and other things which came into his hands belonging to the society."

The funds of the society appear to have been wholly derived from fines. There was neither entrance fee nor subscription, but for the infringement

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