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Nicholson, Robert, Walthamstow, Essex, Builder. July 5 at 2 at offices of Blachford Brown, William, Firthville, Lincoln, Farmer. June 29 at 11 at offices of Rice and Co, and Co, College Hill, London

Main ridge, Boston Overend,' William, Bootle, Undertaker, June 29 at 2 at office of Forshaw and Hawkins, Bullin, Walter, Congleton, Chester, Horse Dealer. July 5 at 11 at Park st, Congleton. Harrington st, Liverpool

Cooper, Congleton Packwood, Walter Thomas, Stourbridge, Upholsterer. June 28 at 12.15 at office of Wall" Burridge, George, Talbot et, Gracechurch st, Ironmonger. July 6 at 2.30 at offices of High st, Stourbridge

Harper and Battcock, Rook lane Palmer, Alfred, Norwich, Licensed Victualler. June 27 at 12 at office of Kent, St Butt, George Robert, Rotherhithe, Surrey, Manufacturing Chemist. July 6 at 3 at Andrew's Hall Plain, Norwich

Anderton's Hotel, Fleet st. Tinson, New ct, Lincoln's inn Park, Owen, and Walter Thomas Park, Brighton, Drapers. July 1 at 12 at 12, Serjeant's Cheney, John, Newcastle-under-Lyne, Stafford, Plumber. July 7 at 11 at ofices of

Griffith, Iron Market, Newcastlo-under-Lyme Passenger, Henry Joseph, Lime st. July 4 at 3 at office of Chandler, Bishopsgate st Collyer, John Ridgway, Great Horwood, Buckingham, Farmer. July 1 at 12 at the Bell Within

Hotel, Winslow. Whitehorn, Banbury Pellatt, Francis John, Caledonian rd, Corn Merchant. June 26 at 3 at office of Duncan

Cooper, Elizabeth, Wrexham, Denbigh, Hotel Keeper. July 1 at 12 at offices of Hughes, and Co, Bloomsbury sq

Regent st, Wrexham
Pellew, William George, Truro, Saddler. June 29 at 12 at office of Cock, Pydar st, Coppen, Frederick, Essex pl, Hackney rd, Ironmonger. June 29 at 3 at offices of Fawcett,
Truro

King st, Cheapside
Pepper, Edwin Henry, Kingsmouth, Kent, Miller. July 4 at 2 at office of Hallett and
Co, Bank st, Ashford

Davies, William, and Moses Edwards, Ruabon, Denbigh, Drapors. July 3 at 11 at the Pettit, Stephen, Windsor, Clothier. July 5 at 3.30 at office of Rumney, Walbrook

Queen's Hotel, Chester. Richards, Llangollen Plaister, Offspring Thomas, Oxford, Cabinet Maker. July 3 at 3 at office of Mallam, Earle, William Jacob, Strood, Grocer. July 4 at 3 at office of Bassett, Eastgate, High st, Oxford

Rochester Provis, Charles, and James Holloway, Lyneham, Wilts, Pig Dealers. June 28 at 12 at Edwards, George, Belton, Suffolk, Farmor. July 4 at 11 at Royal Hotel, Norwich. Gt Western Hotel, Wellington st, New Swindon. Bakewell, Chippenham

Fowell, Garboldisham Raby, William, Downham ter, Wood Green, Builder. June 30 at 3 at Guildhall Tavern, Fletcher, James, Sible Hedingham, Essex, Gardener. June 28 at 2 at White Hart Inn. Gresbam st. Holmes, King st, Cheapside

Mumford, Sudbury Rishforth, John, Kellington, York, Farmer. June 28 at 3.30 at Elephant Hotel, Ponte Foxwell, Thomas, Bristol, Licensed Victualler. June 30 at 2 at omice of Sibley and fract. Clark, Snaith

Dickinson, Exchange West, Bristol Rogers, James, Sun st, Finsbury, Boot Manufacturer. June 29 at 3 at office of Hilbery, Fusedale, Knott, Portobello rd, Notting hill, Cheesemonger. July 5 at 11 at office of Billiter st

Green, Verulam bldgs, Grays' inn Rounsefell, John, East India avenue, Ship Owner. July 6 at 2 at office of Leslie and Gwatkin, Jane Wardle, Newport, Monmouth, Smith, June 30 at 2 at office of Tribe and Co, Coleman st. Ingledew and Ince, St Benet chmbrs, Fenchurch st

Co, High st, Newport. Gustard and Donellin Rudkin, Walter, Wetherby ter, Earl's Court rd, China Dealer. July 4 at 4 at office of Haider, Charles Frank, Hatton gdn, Diamond Merchant. July 6 at 1 at olice of RosenIndermaur and Clark, Devonshire ter, High st, Marylebone

thall, Holborn Viaduct Russell, John, Brackenbury rd, Hammersmith, Carpenter, June 23 at 4 at 262, High Harrison, Edward, Bristol, Dealer in Pianofortes. Juno 30 at 2 at Westminster Palace Holborn. Staniland, King st, Cheapside

Hotel, Westminster. Benson and Carpenter Rutherford, John, Handsworth, Stafford, Insurance Agent. June 30 at 12 at office of Heaps, John, Keighley York, Washing and Wringing Machine Maker. July 3 at 2 at Johnson and Co, Waterloo rd, Birmingham

office of Robinson and Robinson, Keighley Sahab, Mordecai, Gt Prescot st, Goodman's fields, Merchant. June 26 at 11 at office of Heaps, Robert, Keighley, York, Washing and Wringing Machine Maker. July 3 at Archer, Gt Prescot st

2.30 at cffice of Robinson and Robinson, Keighley Sebright, Arthur Edward Saunders, Air st, Piccadilly, in no trade. July 12 at 3 at Hill, William, North Dalton, York, Farmer. July 3 at 10 at office of Jennings & Co, 83, Gresham st. Kaye and Co, King st, Cheapside

Great Driffield Sawyer, Charles, Parson Drove, Cambridge, Farmer. June 29 at 11 at office of Welch- Holding, John, Eastfield rd, Hornsey, Builder. June 28 at 2 at 38, Southampton bldgs, man and Carrick, Crescent, Wisbech

Chancery lane, Norris Senior, William, Dewsbury, Woollen Manufacturer. June 30 at 3 at office of Chadwick, Hore, Samuel, Bath, Agricultural Engineer. June 30 at 12 at office of Wilton, Westgato, Church st, Dewsbury

Bath Sieley, Rebecca, Wroxham, General Shop Keeper. June 27 at 11 at office of Kent, st Hoyle, John, Leeds, Plumber. June 30 at 3 at office of Wells, Cookridge st, Leeds Andrew's Hall Plain, Norwich

Hulse, Henry Walter, Sparkbrook, Birmingham, out of business. July 3 at 11 at office Skinner, Christopber, Ayleston pk, Leicester, Boot Manufacturer. June 26 at 3 at office of Peet, Newhall st, Birmingham of Burgess and Williams, Berridge st, Leicester

Ingham, George, Bradford, Grocer. July 5 at 11 at office of Whitley and Whitloy, New Smith, George, Keighley, Architect. June 30 at 2 at office of Wright and Waterworth, st, Huddersfield Devonshire bidgs, Keighley

Jackson, George, Birmingham, Electro Plate Manufacturer. June 28 at 10.15 at office of Stephens, Thomas Stigings, and Henry Levy Billings, Manor pk rd, Finchley, Builders. East, Temple row, Birmingham

June 27 at 11 at Masons' Hall Tavein, Masons' avenue, Basinghall st. Miller and Jeavons, Thomas, Bilston, Stafford, Grocer. July 3 at 3 at office of Jaques, Temple row, Co, Chancery lane

Birmingham Stocks, Henry Noah, Almondbury, York, Brewer. June 29 at 3 at office of Ainley, Jenkins, James, Cardiff, Ironmonger. June 30 at 11 at office of Cousins, St Mary st, New st, Huddersfield

Cardiff Tandy, Edward, Wolverhampton, Labourer. July 3 at 11 at office of Landman, Bils. Jones, William Henry, Bilston, Stafford, Commission Agent. July 4 at 11 at offices of ton st, Wolverhampton

Stratton, Queen st, Wolverhampton Teece, Thomas, Liverpool, Butcher. June 30 at 12 at office of Carruthers, Lord st, Kenyon, John, Dutton, Lancaster, Labourer. July 4 at 10.30 at Eastham, Church st, Liverpool

Clitheroe Temple, Thomas, and George Ormiston, Scarborough, Builders. June 24 at 12 at office Kershaw, John, Sheffield, Joiner, July 4 at 3 at office of Taylor, Norfolk row, Shefof Watts and Kitching, Queen st, Scarborough

field Thomas, Erastus, Ferndale, Glamorgan, Grocer. June 29 at 11.30 at office of Morgan, Lacey, Gaius, Monks Risborough, Innkeeper. July 4 at 11 at office of James and Hor. Mill st, Pontypridd

wood, Temple sg, Aylesbury Turtell, James, Cheney, Wilts, Beerhouse Keeper, July 3 at 11 at office of Boodlo, Leedham, John, Wimbourne, nr Wolverhampton, Beerhouse Keeper. June 30 at 11.30 Albion bidgs, New Swindon

at office of Sheldon, High st, Wednesbury Tyler, Louisa, ard Spencer William Thomas Tyler, Garrick st, Covent gdn, Carpet Lewis, David, Vaynor, Brecon, Licensed Victualler. July 3 at 12 at office of Vaughan, Manufacturers. July 3 at 11 at office of Roberts, Coleman st

High st, Merthyr Tydfil Umfreville, Edwin, Roseneath, Gunnersbury, Jeweller. July 5 at 2 at Grand Hotel, Llewellyn, Philip, Ystradyfodwg, Glamorgan, Collier. June 30 at 10 at 61, St Mary st, Colmore row, Birmingham. Iliffe and Co, Bedford row

Cardiff.' Williams, Pontypridd Vacani, Andrew, High Holborn, Dealer in Furniture. July 3 at 2 at Inns of Court Lloyd, Frederick Freeman, Haverfordwest, General Merchant. June 29 at 11 at offices Hotel, Holborn. Furber, Gray's inn sq

of Jones, Victoria pl, Haverfordwest Walter, Alfred, Gosport, Hants, Baker. June 29 at 11 at offices of Blake and Reed, Lycett, Alfred, and Frederick Lycett, Sutton, Bakers. June 28 at 2 at Green Dragon, Union st, Portsea

Croydon. Chappell and Gibbons, Lincoln's inn fields Ward, Henry, Oxford, Butcher. July 7 at 11 at offices of Berridge, Church st, St Ebbe, Mark, William Bell, Brampton, Cumberland, Butcher. June 30 at 2 at office of Carrick Oxford

and Co, Brampton Warth, Thomas Gothard, Wainfleet, Lincoln, Miller. June 27 at 3 at the Red Lion Marshall, Charles Brownlow, Tamworth, Colliery Proprietor. July 4 at 3.30 at office Hotel, Boston. Snaith, Boston

of Tyndall and Co, Colmore row, Birmingham Waters, Benjamin, Eastbourne, Sussex, out of business. June 28 at 3 at the New Inn Marshall, Ebenezer, Sandy, Bedford, Farmer. July 13 at 1 at Masons' Hall Tavern, Hotel, South st, Eastbourne

Masons' avenue, Basinghall st. Bucbanan and Rogers Wheeler, Joseph, Shrivenham, Berks, Beerhouse Keeper, June 26 at 11 at offices of Matthews, Williams, Towcester, Blacksmith. July 6 at 3 at office of Sheppard, Tow. Boodle, Albion bldgs, New Swindon

cester Wood, Nathaniel, Burton-on-Trent, Stafford, Beer Retailer, June 23 at 3 at offices of Mattison, Edward Leonard, Oldham, Coal Merchant. July 3 at 3 at office of Watson, Bright, High st, Burton-on-Trent

Church lane, Oldham Woodbridge, William Henry, St Thomas the Apostle, Devon, Miller. June 28;lat 2 at Mellor, Arthur Jonah, Ashton under Lyne, Lancaster, Tailor. July 5 at 3 at office of the New London Hotel, Exeter. Hirtzel, Exeter

Bromley, Old st, Ashton under Lyne Woodfall, George, Conduit st, Regent st, Tailor. June 30 at 2 at offices of Buchanan Meredith, Charles Brederick, Boston, Grocer. June 30 at 12 at Peacock and Royal and Rogers, Basinghall st

Hotel, Boston, Wise, Boston Wynne, Harriett, Yeovil, Somerset, Grocer. June 29 at 11 at offices of Bollen, South Mills, William, Ipswich, Suffolk, Baker. July 1 at 11 at office of Gooding, Tower st, st, Yeovil

Ipswich
Young, John Griffith, Darlington, Durban, Solicitor. June 29 at 12 at the County Mitchell, John, Bochester row, Westminster, Provision Merchant. June 27 at 3 at 203,
Hotei, Durham, Hutchinson and Lucas, Darlington

Gt Portland st. Nicoll
TUESDAY, June 20, 1882.

Morley, William Hudson, Butterwick, Lincoln, Groundkeeper. July 4 at 2 at Bell Inn,

Burgh le Marsh. Rice and Co, Boston Andrews, Richard James, St Thomas the Apostle, Devon, Surgeon. June 30 at 2 at Morris, Thomas, Kentish Town rd, Grocer. Juno 30 at 3 at office of Cridgo and Bell, office of Fryer, Gandy st, Exeter

Bishopsgate st, Within Aspinall, Crowther, Sheffield, Boot Dealer. July 3 at 12 at office of Chambers, Bank Morris, Thomas, Kentish Town rd, Grocer. June 30 at Devonshiro House Hotel, Bishopsst, Sheffield

gate Without, in lieu of the place originally named Began, John Arthur, Wigan, Confoctioner. July 5 at 3 at office of Hopwood, King st, Norman, Francis Henry, Britonferry, Glamorgan, Tailor. June 29 at 11 at office of Wigan

Davies, Alma pl, Neath Bell, David, Over Hulton, Lancaster, Grocer, July 1 at 10 at office of Chambers, Acres- Palmer, Robert Anthony, Bristol, Glue Manufacturer. July 3 at 2 at office of Sinott and field, Bolton

Spofforth, Broad st, Bristol Bennett, William Edward, Kidderminster, Builder. July 4 at 3 at office of Waldron, Parris, Frederic, Croydon, Surrey, Hatter. June 28 at 11 at Green Dragon Hotel, High High st, Brierley Hill

st, Croydon. Dennis, Croydon Benson, William, and Uriel Bailey, Longton, Stafford, Earthenware Manufacturers. Parry, Owen, Carnarvon, Draper, July 3 at 3 at Queen's Hotel, Manchester. Allanson,

July 3 at 11 at Copeland Arms Hotel, Stoke upon Trent. Salt and Alcock, Tunstall, Carnarvon
Stafford
Berrington, Robert, Burslem, Auctioneer. June 20 at 11 at office of Alcock, Newcastle Payne Mark and Charles Cotton, jan, Woolston Southampton, Builders. June 30 at 3
Bilham, Harry Robinson, Leicester, Boot Manufacturer. July 4 at 3 at office of Fowler Paynter, George Edward, Liverpool, solicitor. July 10 at 3 at office of Jackson, Dalo
and Co, Grey friar chmbrs, Leicester

Pearce, James, Sherborne, Dorset, Painter, June 29 at 4 at office of Davies, Newland, Bloch, Charles (and not Block, as erroneously prirted in Gazette of 13th inst), Bethnal Sherborne

gn rd, Boot and Shoe Maker. July 1 at 10 at offices of Cotton, 62, St Marlins le Phillips, David, and Grace Jones, Aberdare, Grocers. July 3 at 12 at office of Beddoe, Grand

Canon st, Aberdare Boyd, Harry, Spennymoor, Innkeeper. July 10 at 11 at office of Stillman, North Porter, William, Lowestoft, Suffolk, Fish Merchant. July 6 at 2.30 at office of Clowe3, Bondgate, Bishop Auckland

Royal Thoroughfare, Lowestoft. Clowes, Great Yarmouth Brousdon, Édward, Balham, Surrey, Ironmonger. June 30 at 2 at offices of Robinson, Ratcliff, Robert, Canterbury, Plumber. July 12 at 12 at office of Mercer, Watling st, Philpot lane

Canterbury Brown, Edward, Elm park garden mews, Fulham road, Coachman, July 6 at 3 at offices Rees, Harry John, Merthyr Tydfil. Glamorgan, Licensed Victualler. July 3 at 1 at of Hatton and Westcott, Strand

office of Simons and Plews, Church st, Merthyr Tydfil

LORD

THE

Rees, Joseph, Bettws, Carmarthen, Builder. July 6 at 1 at Mackworth Hotel, Swansea. Wilson, George, Birmingham, Brassfounder. June 30 at 3 at offices of Matthews and Bishop and Childs, Llandilo

Smith, Waterloo st, Birmingham Richards, William, Corinne rd, Junction rd, Upper Holloway, Builder. July 6 at 3 at Woodbridge, Thomas Crabb, Exeter, Miller, June 30 at 11 at office of Hirtzel, Bedford office of Newmans and Co, Clement's inn

circus, Exeter Richardson, Henry, Brighton, Sussex, Butcher. July 11 at 3 at North st, Brighton. | Wooddisse, Joseph, Hednesford, Stafford, Draper. July 6 at 1 at office of Twynam, Goodman

Crabbery st, Stafford Riley, Thomas, Lowick, Ulverston, Lancaster, Farmer. July 4 at 10 at Shaw's Hotel, Wright, John Bartlam, Hanley, Butcher. July 1 at 11 at 32, Cheapside, Hanley. Broughton in Furness. Dickinson. Broughton in Furness

Challinors, Hanley Robotham, Edward, Birmingham, Wine, Spirit, and Cigar Merchant. July 3 at 3 at the Wycherley, Henry, and John Wycherley, Cheltenham, Carriage Builders. July 5 at 11 Grand Hotel, Colmore row. Parr and Hayes, Birmingham

at Star Hotel, Regent st, Cheltenham. Clark, Cheltenham Sanderson, Andrew, Clifton rd, Maida Vale, Paddington, Grocer. July 1 at 11 at offices

of Godfrey, Chancery lane
Sharpe, Hugh, Newcastle-under-Lyme, Stafford, Greengrocer. June 30 at 11 at offices

of Griffith, Lad lane, Newcastle-under-Lyme
Shaw, Benjamin, Bradford, York, Tobacco Pipe Maker. July 1 at 11 at offices of Cottam,

CONTENTS.
Market st, Bradford
Short, William Willias, Stockbridge, Southampton, Wheelwright. June 29 at 3 at offices

of Bell and Taylor, Portland st, Southampton
Simpson, Hamlet, Tunstall, Stafford, Hairdresser. July 3 at 3 at offices of Llewellyn CORRENT TOPICS............

......... 525

Cato v. Thompson .................. 531 and Ackrill, Piccadilly, Tunstal

RIGHT OF FISHING IN NAVIGABLE RIVER 527 Ex parte Huggins .................. 532 Simpson, Joseph, Kippax, York, Grocer. July 4 at 2.30 at Commercial Hotel, Albion st, THE INDEMNITIES OF A MESNE LAND

Luke v. Tonkin

533 Leeds. Phillips, Castleford

528 Howarth v. Smith .................. 533 Smith, John Thomas, Smith st, Mile End, Licensed Victualler. June 30 at 1 at offices CORRESPONDENCE .................... 528 CASES BEFORE

BANKRUPTCY of Sydney, Leadenhall st

CASES OF THE WEEK

REGISTRARS .....................

533 Stacy, Thomas, Sloane st, Sloane sq, Artist. June 28 at 12 at offices of Sampson, Mary. Quilter v. Mapleson

529 SOLICITORS' CASES ................ 533 lebone road

In re Covert ........................ 530 RAILWAY COMMISSION .............. 534 Stanford, John William, Turner's rd, Burdett rd, Mile End, Corn Dealer. July 3 at 2 at Ex parte Cooper .................... 530 COUNTY COURTS .................... 534 offices of King, North bldgs, Finsbury Circus

Shubrook v. Tufnell

530 LAW STUDENTS' JOURNAL ............ 535 Thomas Charles, Neeld terrace, Harrow rd, Boot and Shoe Dealer, July 5 at 2 at offices Williams v. Mercier ................ 530 LEGAL APPOINTMENTS ................ 535 of Baron, Mitre ct, Temple

Allum v. Dickinson

531 COMPANIES

.............. 536 Thomas John, Ross, Hereford, Tallow Chandler. July 4 at 12 at offices of Innell, High The Foundling Hospital v. Garrett FOREIGN MARRIAGE LAWS ............ 536 st, Ross. Williams, Ross

and others ........................ 531 LEGISLATION OF THE WEEK .......... 637 Vaughan, Simon, John Starr de Wolf, and Le Baron Vaughan, Liverpool, Shipowners. In re Chambers

531 COURT PAPERS ........................ 537 July 25 at 3 at the Law Association Rooms, Cook st, Liverpool. Bright and Warr, In re Hyatt's Trusts

...... 531 | LONDON GAZETTES, &C., &C........... 538 Liverpool Walton, John, Jewin st, General Warehouseman. July 3 at 3 at 57}, Colman st. Kisby,

Cheapside Waters, Julia Rachel, Bristol, Lodging-house Keeper, July 3 at 12 at offices of Sinnott NOTICES TO CORRESPONDENTS.- All communications intended for publication and Spofforth, Broad st, Bristol

in the SOLICITORS' JOURNAL must be authenticated by the name and address of Weatherill, Robert James, South Shields, Grocer. July 4 at 11 at offices of Blair, East

the writer. King st, South Shields Wilkinson, Thomas, Norton-in-the-Moors, Coal and Ironstone Master, July 5 at 3 at the Queen's Hotel, Hanley, Knight, Newcastle

The Editor does not hold himself responsible for the return of rejected communiWilliams, Henry Thomas, Maze rd, Bermondsey, Builder. July 5 at 8 at offices of cations.

Andrew and Mason, Ironmonger iane. Devonshire, Frederick place, Old Jewry, Williams, John, Birmingham, Chemist. June 29 at 3 at offices of East, Temple st, Birmingham

The Publisher requests that early application should be made by persons Willows, Thomas, Ecclesfield, York, Builder. July 1 at 12 at offices of Bell, Figtree desirous of obtaining back numbers of the SOLICITORS' JOURNAL, as only a small lane, Sheffield

number of copies remain on hand.

HEWETSON, THEXTON, & PEART,

SCHWEITZER'S COCOATINA,

ESTABLISHED 1825.

EDE AND SON,
Arti-Dyspeptic Cocoa or Chocolate Powder,
Guaranteed Pure Soluble Cocoa of the Finest Quality,
with the excess of fat extracted.
MANUFACTURERS AND HOUSE FUR NISHERS,

ROBE

MAKERS The Faculty pronounce it "the most nutritious, perfectly digestiblo beverage for Breakfast, Luncheon, or 200, 203, and 204, TOTTENHAM COURT ROAD, W. Supper, and invaluable for Invalids and Children." Estimates and Designs submitted free for entirely Fur

BY SPECIAL APPOINTMENT, Highly commended by the entire Medical Press.

nishing Residences, Chambers, Offices, &c. Being without sugar, spice, or other admixture, it suits

To Her Majesty, the Lord Chancellor, the Whole of the all palates, keeps better in all climates, and is fuur times -PAINTING, DECORATING, & HOUSE REPAIRS.

Judicial Bench, Corporation of London, &c. the strength of cocoas THICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER than such Mixtures. Carved Oak Furniture, Reproductions from Ancient SOLICITORS' AND REGISTRARS' GOWNS.

Made instantaneously with boiling water, a teaspoonful Designs, &c. Bedroom Furniture, including Bedstead and
to a Breakfast Cup, costing less than a halfpenny.
Bedding, from £7 10s. per set.

BARRISTERS' AND QUEEN'S COUNBBL'S DITTO, COCOATINA A LA VANILLE is the most delicate, digestible,

THIRTY LARGE SHOW ROOMS. cheapest Manilla Chocolate, and may be taken when richer chocolate is prohibited.

CORPORATION ROBES, UNIVERSITY & CLERGY GOWNS, In tin packets at Is. 6d., 38., 6s. 6d., &c., by Chemists

HEWETSON, THEXTON, & PEART,
and Grocers.
200, 203, and 204, Tottenham Court-road, London, W.

ESTABLISHED 1689.
Charities on Special Terms by the Sole Proprietors, N.B.-Household Furniture Warehoused or Removed
H. SCHWEITZER & CO 10, Adam-street, London, W.C. on reasonable terms.

94, CHANCERY LANE, LONDON.

G

UARDIANEIRE AND LIFE. OFFICE, PR

ROVIDENT_LIFE OFFICE. HAMPTON & SONS make NO CHARGE

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11, Lombard-street, London, E.C. Established 1821. Subscribed Capital, Two Millions.

FOUNDED 1806.

REGISTER of ESTATES, TOWN and COUNTRY

HOUSES, Furnished or Unfurnished, or for Sale, to be DIRECTORS.

50, REGENT STREET, and 14, CORNHILL, LONDON. had GRATIS at their offices, or post-free for two stamps. CAAIRMAN-AUGUSTUS PREVOST, Esq.

Published on the 1st of the month, and particulars for DEPUTY-CHAIRMAN-JOHN G. TALBOT, Esq., M.P.

Existing Assurances exceed

£6,600,000 insertion should be sent not later than five days previous Henry Hulse Berens, Esq. Frederick H. Janson, Esq.

Invested Funds

2,207,986 to end of preceding month. Henry Bonham Carter, Esg. Beaumont W. Lubbock, Esq. Annual Income

290,077 Charles Wm. Curtis, Esq. Rt. Hon. G. J. Shaw-Lefevre,

Valuations for Probate and Transfer. Surveys.
Claims Paid exceed..

6,650,000
Charles F. Devas, Esq.
M.P.
Bonuses Declared

2,342,000 Estate and Auction Offices, 8, Pall Mall East, S.W. Sir Walter R. Farquhar, Bart. John B. Martin, Esq. Alban G. H. Gibbs, Esq. 8. Hope Morley, Esq.

During the past year (1881) each main item has shown
James Goodson, Esq.
Henry John Norman, Esq.
improvement upon the preceding year.

('HURGOOD & CO., Estate and Land Thomson Hankey, Esq. David Powell, Esq.

Agents, Surveyors, and Auctioneers, Lonsdale Richard M. Harvey, Esq. Henry Vigne, Esq.

1880.

1881. chambers, 27, Chancery-lane, W.C., hold PERIODICAL Rt. Hon. J. G. Hubbard, M.P.

New Premiums

£18,845 £19,908

SALES of Property, at the MART, the Second Tuesday MANAGER OF FIRE DEPARTMENT-F. J. Marsden.

Income

279,852 290,077

in each month. Railway, School Board, Corporation, ACTUARY AND SECRETARY-T.C. G. Browne.

Invested Funds ..

2,124,711 2,207,986

Board of Works, and other Compensations conducted. Share Capital at present paid up and invested... £1,000,000

Valuations for Probate, Mortgages, &c. Estates managed. Total Funds, upwards of

£2,941,000

CHARLES STEVENS, Secretary. A scale of charges upon application, Total Annual Income over...

£517,000 N.B.- Fire Policies which expire at Midsummer should be

AW UNION FIRE and LIFE INSU. renewed at the Head Office, or with the Agents, on or

DEBENHAM, TEWSON, before the 8th day of July. lane, London, W.C.

FARMER, BRIDGEWATER'S LIST of

ESTATES and HOUSES to be SOLD or LET, including AW LIFE ASSURANCE

The Funds in hand and Capital subscribed amount to up-
SOCIETY,
wards of £1,600,000 sterling.

Landed Estates, Town and Country Residences, Hunting
FLEET STREET, LONDON.
Chairman-JAMES CUDDON, Esq., Barrister-at-Law,

and Shooting Quarters, Farms, Ground Rents, Rent ESTABLISHED 1823.

Goldsmith-building, Temple.

Charges, House Property and Investments generally, is Assets on 31st December, 1881 £5,422,545

published on the first day of each month, and may be Income for the year 1881 ... "469,369 Deputy-Chairman-C. PEMBERTON, Esq. (Lee & Pember

obtained, free of charge, at their offices, 80, Cheapside, Claims paid to 31st December, 1881

13,010,312
tons), Solicitor, 44, Lincoln's-inn-fields.

E.C., or will be sent by post in return for two stamps.Bonuses hitherto allotted

6,198,991 Every description of Fire and Life Insurance business Particulars for insertion should be received not later than Expenses of Management, including Commission, about transacted.

four days previous to the end of the preceding month. 4 per cent. of Income.

Whole World and Unconditional Life Policies granted at Rates of Premium reduced. Free travelling Limits a slightly increased rate of Premium. extended.

HURCH Loans granted on security of Policies, Life Interests, of Issue at moderate rates of Premium. and Reversions.

private treaty, of advowsons, presentations, &c., in favour Commission allowed to Solicitors and others on Assu. Advances made on Mortgage of Life Interest and Rover- of well-recommended clergymen, should refer to the rances introduced through their agency. sions, whether absolute or contingent.

PRIVATE PATRONS' GAZETTE, edited by Mr. W. Policies effected this year will participate in the Bonus Prospectus, Copies of the Accounts as deposited with EMERY STARK, Associate Institute of Actuaries, on the 31st December, 1884.

the Board of Trade, and every information sent on appli. F.R.G.S., &c. Post-free for six stamps. - Address, Prospectus and Forms of Proposal sent on application cation to

Messrs W. EVERY STARK & Co., 23, Bedford-street, to the ACTUARY.

FRANK MCGEDY, Actuary and Secretary. Strand,

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LAW

LONDON, JULY 1, 1882.

right to take up further stock which may be allotted to them CURRENT TOPICS. .

should be lost by reason of a sale of their allotment letters before they have time to obtain an order for leave to take up the allotment.

It will be observed that in case of such allotment-letters being It is understood that as soon as Mr. Justice North goes on brought into the market in large quantities, as may well happen circuit Mr. Justice FIELD will commence to sit at Lincoln's-inn under the recent order, the price might be depreciated to such an in his place, and will continue the hearing of Mr. Justice Kay's extent as to entail a serious Ioss. cases until the Long Vacation.

THE THREATENED ACTION of the Brighton Town Council against WE UNDERSTAND it is proposed, during the absence of Mr. the Lancet for libel in respect of a denunciation of the alleged Justice Fry on circuit, to transfer the whole of his business to Mr. unhealthy drainage of the town raises some very curious conJustice Kay, who will then represent both Mr. Justice Fry and siderations. No doubt a corporation may sue for libel (MetroVice-Chancellor Hall in court and at chambers. We may, politan Omnibus Saloon Company v. Hawkins, 4 H. & N. 87), and perhaps, point out that unless the chamber work is to fall into an action for libel lies in respect of statements disparaging the arrear, it will be necessary for Mr. Justice Kay to sit in chambers quality of the plaintiff's goods (Western Counties Manure Company on six days in the week. This, in addition to court work, would y. Lawes Chemical Manure Company, L. R. 9 Ex. 218), or calcuseem to be too heavy a strain for the most energetic judge.

lated to injure the plaintiff in the way of his trade (Thorley's Cattle Food Company v. Massam, L. R. 14 Ch. D. 763); but there is, so

far as we know, no precedent for an action by a town council for THE ORDER which we recently printed, transferring all causes

a libel on a town, although it is not difficult to imagine cases and matters then before Vice-Chancellor Hall to Mr. Justice where very active inhabitants of rival towns might do such damage Kay, contains no provision for interlocutory matters relating by untrue statements, not being fair comments on matters of to any actions which might, after the date of that order, be public interest, that an action for libel would be the proper assigned to Vice-Chancellor Hall. On Monday last Mr. Jus- remedy. But assuming that an action lies, the two very serious tice Kay, in answer to an application on the subject of such questions arise whether the corporate funds may be expended upon matters, stated that he believed that under section 12 of the Judica- the proceedings, and whether the damages recovered, if any, ture Act, 1881, which gives power to one judge to act for another properly go to the borough fund, or may be distributed amongst in case of sickness or urgent necessity, he had jurisdiction to act the individuals who have suffered by the libel. The 92nd section for Vice-Chancellor Hall in all such matters, and that he should of the Municipal Corporations Act, 1835, permits, or rather directs, be prepared so to act when called upon. On Wednesday last Mr.

a surplus borough fund to be applied “under the direction of the Justice Kay announced that he had

consulted the Lord Chancellor council for the public benefit of the inhabitants and improvement on the point, and that his lordship concurred in the view he had of the borough.”. Even the large interpretation of these words by expressed as to his jurisdiction under the section referred to.

JESSEL, M.R., in Attorney-General v. Mayor, fc., of Brecon,
L. R. 10 Ch. D. 204), would hardly include an action for libel.

But Leeman's Act (35 & 36 Vict. c. 91) authorizes the appliAN ORDER OF court only just issued, though dated the 10th cation of the borough fund or rate to the prosecution of any of May last, which we print in another column, should receive legal proceedings necessary for the promotion or protection of the attention from practitioners who have charge of actions in which interests of the inhabitants” of the borough ; and it may perhaps be

of

fairly contended that these words are wide enough to include the case companies or undertakings under powers in Acts of Parliament in of an action for libel having the effect of depreciating the rateable that behalf, or by effluxion of time or otherwise,” become “con

value of property within the borough. We believe, however, that verted into other securities "--:.e., exchanged for other securities tion. Upon the second question we have far less doubt. If a

in the Brighton case a guarantee fund is being raised by subscriphaving the same value but a different designation ; as, for instance, borough has a locus standi to sue for a libel of such a kind at the when several classes of shares or stocks are converted into consolidated stock. The object is the same as that of the order public expense, any damages must go to the borough fund, and which was made when the old East India stock was converted. could not be distributed amongst individuals proving special It is intended to save the delay and expense which would be damage, who, however, might have a separate cause of action on

their own behalf. caused to suitors in obtaining from the court an order in each action for the purpose of placing the substituted securities to the same account as the old securities were previously credited to in THE LORD CHANCELLOR's Bill to amend the Supreme Court the Chancery Paymaster's books. The order now made enables of Judicature Acts, which was introduced in the House of the Chancery Paymaster to write off the securities so converted, Lords this week, is now in print. It provides, by clause 2, and to place the substituted securities to the same credit. Direc- that, “ Upon the request of the Lord Chancellor, any person who tions in any existing order which apply to the old securities are, has held the office of Lord Chancellor of Great Britain, or as far as practicable, to be given effect to as if they applied of a judge of one of her Majesty's superior courts of England to the substituted securities. The last clause of this new within the meaning of the 25th section of the Appellate Jurisdicorder deserves consideration. It provides that when any tion Act, 1876, may, if he shall consent so to do, attend the sitallotment letters, scrip, allotments, or other securities are allotted tings of her Majesty's Court of Appeal, and shall, during such in respect of any stock in court, the Chancery-Paymaster is to sell attendance, have all the jurisdiction and powers of a judge of these allotment letters, &c., and place the amount to the same the said Court of Appeal, but he shall not otherwise be deemed to credit as the stock in respect of which the allotment is made. be a judge of the said court. Any such person, if a peer or There is an exception from this order as to sale in case any orders priry councillor, shall, during such attendance, rank among the are brought into the Chancery Pay Office“ previously to the judges of the said Court of Appeal (subject to the official prece. delivery of such allotment letters, &c.” Those who have con- dence of the Lord Chancellor, the Lord Chief Justice of England, vertible stock in court must therefore be on the watch lest their and the Master of the Rolls) according to his precedence as such

66

peer or privy councillor, and, if not a peer or privy councillor, after tended to the children of the persons naturalized by 4 Geo 2, c. 21. the ordinary judges of the said Court of Appeal.” This provision The Alien Act of 1848 contains no definition of the term “alien," does not seem to correspond with the proposal announced by the but the statutes of George the Second and George the Third are Lord Chancellor in the House of Lords in May last. That proposal clearly prospective, and have the effect of withdrawing many was to give all the law lords and the judges of the Judicial Com- persons who would be foreigners in the common sense of the mittee power to assist in the Court of Appeal, while the clause term from the operation of that Act. As the mere fact of a above quoted provides that "any person who has held the office of person being born out of the United Kingdom, therefore, is very a judge of one of her Majesty's superior courts of England,” far from proof of his being an “alien” in law, and as it seems within the meaning of section 25 of the Appellate Jurisdiction Act, clear that the burden of proof that any particular person is such 1876, may sit with the Court of Appeal. The superior courts of alien will lie upon the Government, it may be well to provide for England are defined by section 25 of the Appellate Jurisdiction shifting the burden of proof in certain cases, as where the Act, 1876, as the High Court of Justice and Court of Appeal, party has resided out of the United Kingdom for more than five "and the superior courts of law and equity as they e sisted years, that being the period of residence in the United Kingdom before the constitution of her Majesty's High Court of Justice.” which, under the Naturalization Act, 1870 (33 Vict. c. 14), s. 7, The proposal of the Bill is, therefore, that anyone who “has entitles an alien to a “certificate of naturalization," or, rather, held" the office of judge of the High Court shall be competent to gives him a locus standi to apply to a Secretary of State to grant sit in the Court of Appeal. If this is only intended as a limita- him one. The Naturalization Act, it may be pointed out, contion on the choice of members of the Judicial Committee or tains elaborate provisions for “expatriation," by which

any House of Lords to sit with the Court of Appeal, so as to meet British subject who has at any time before, or may at any time the objection that ex-Indian judges who are members of the after, the passing of that Act, when in any foreign State and not Judicial Committee would not be of the smallest service on the under any disability, voluntarily become naturalized in such State, bench of the Court of Appeal, it seems to be desirable to shall, from and after the time of his so having become naturalized define more clearly the judges intended, by saying that any in a foreign State, be deemed to have ceased to be a British subject lords of appeal within section 5 of the Appellate Jurisdiction and be regarded as an alien,” and this Act was amended in 1872 Act, 1876, or any member of the Judicial Committee who has as regards the United States, and as regards the period between held the office, &c. As the clause stands it is not clear that the May 13, 1870, and August 10, 1872, by 35 & 36 Vict. c. 39, the mere expression “has held" the offices referred to, including schedule to which gives a form of “resumption of nationality." the office of judge of the High Court, necessarily excludes a judge who now holds that office. If it does not, then the clause is a somewhat covert re-introduction of last year's proposal to make the judges of the High Court journeymen judges of the

IN CONNECTION with the recent discovery of guns and cartridges Court of Appeal. But clause 4 of the Bill actually expressly at Clerkenwell

, it is of some consequence to point out that while the provides for the sitting of judges of the High Court storage and conveyance of explosive substances, including cartwith the Court of Appeal. It proposes that “ section 4 ridges, are subjected to considerable restrictions by the Explosives of the Supreme Court of Judicature Act, 1875, is hereby Act, 1875 (38 Vict. c. 17), the manufacture, storage, and sale of amended so as to authorize and empower the attendance of guns is almost entirely free. It is, indeed, provided by the any judge of any division of the High Court of Justice (pot Customs Consolidation Act, 1876 (39 & 40 Vict. c. 36), s. 43, that being an ex oficio judge of the Court of Appeal) at the sittings the importation of arms may be prohibited by Order in Council, of the Court of Appeal, upon such request, and with such powers and the Gun Licence Act, 1870 (33 & 31 Victc. 57imposes a as are in the same section mentioned, as well during the time of penalty of ten pounds upon any person using or carrying a gun any spring or summer circuit on which such judge shall not be without having in force the ten-shilling annual “ actually employed in the duty of holding sittings under any com- that Act required to be taken out. Moreover, the Public Stores mission of assize, oyer and terminer, and gaol delivery, as at any Act, 1875 (38 & 39 Vict. c. 25), imposes very heavy penalties other time.”. We find it difficult to understand this persistence upon persons found in possession of any public stores-which term in a proposal which met with such general condemnation last year, includes all goods and chattels, and therefore guns belonging to and in favour of which there is no single argument of any validity the War Office-without lawful authority, proof of which to be urged except that of economy.

authority shall lie on the party accused.” But apart from the exceptional Acts from time to time passed for Ireland, the gunsmith's business does not appear to have attracted the attention of

the Legislature, which in the Bill of Rights, reciting that “ several TWO AMENDMENTS of considerable importance and advantage good subjects being Protestants had been disarmed at the same have been introduced into that part of the Irish Crime Bill which time when Papists were both armed and employed contrary to law," deals with the power to expel aliens. Mr. Firth has substituted a enacts “ that the subjects which are Protestants may have arms bodily incorporation for an incorporation by reference of the Alien for their defence suitable to their condition, and as allowed by Act of 1848, and Mr. Morgan Lloyd has extended the incorpo- law.” It may be suggested as expedient that a licence should be rated measure to England and Scotland. It has been pointed out required for the storage and sale of guns as well as of explosive in more than one quarter that an extension to the Isle of Man substances, otherwise many criminal designs may be carried out would be desirable, and there is much to be said for a general ex- with comparative immunity by the storage of guns apart from amtension to all her Majesty's dominions. The question should also munition. be considered to what description of persons under the general term of “ alien” the Act is intended to apply. An alien at common law is simply a person born, of whatever parents, out of the dominions of the United Kingdom, but certain statutes have con

Mr. William O'Brien, Q.C., was, on Wednesday, sworn ia before the Irish ferred upon aliens, being children or grandchildren of natural- Lord Chancellor as one of the judges in the Common Pleas Division of the

of born subjects, the status of natural-born subjects. These statutes

The report of the Controller in Bankruptcy for 1881, just issaed, shows, are 7 Anne, c. 5, 10 Anne, c. 5, 4 Geo. 2, č. 21, and 13 Geo. 3, says the Times, a further decrease in the number of cases administered under c. 21, of which the two last are the only important ones. By 4 the provisions of the Bankruptcy Act. The number of bankruptcies was Geo. 2, c. 21, “all the children born out of the ligeance of the 1,005 ; liquidations by arrangement, 5, 216 ; and compositions, 3,506 ; making Crown of England or of Great Britain, or which shall hereafter be administered, about 12,000" abortive petitions for liquidation are aparelha born out of such ligeance, whose fathers were or shall be natural- eazetted, the 9,303 arrangements and compositions of 1880 resulting from born subjects of the Crown of England or of Great Britain at the 11,508 petitions, and the 8,722 of 1881 from 10,652 petitions. The estates of time of the birth of such children respectively,

shall be 1881 were, generally speaking, of the same small class as those of the preceding adjudged and taken to be, and all such children are hereby year. Thus the average liabilities in the bankruptcies of 1881 were £2,715, declared to be, natural-born subjects of the Crown of Great and the average value of the estates only $318. In the liquidations by Britain to all intents, constructions, and purposes whatsoever ; estates £688. In the compositions the average liabilities were £1,227, and the and by 13 Geo. 3, c. 21, the provisions of 4 Geo. 2, c. 21, are ex- average value of estates £282.

gun licence" by farthing for all damage caused to private individuals, whose preLANDS INJURIOUSLY AFFECTED” BY mises, or the use of whose premises, they had in any way injuriously

THE CONSTRUCTION OF AUTHORIZED affected; but this liability has been limited by decision in the WORKS.

following manner :

(1.) It has been held that no compensation is payable unless an The important subject of compensation under the Lands Clauses action could have been maintained in respect of the injury if the Consolidation Act for injury to land has been recently considered act which caused it had not been sanctioned by Parliament; and by the House of Lords in The Caledonian Railway Company v. also that such action should have been of one particular kindWalker's Trustees (30 W. R. 569); where it was held, affirming namely, for damage to land or some interest in land. the judgment of the Court of Session in Scotland, that an altera- This was the ground of the decision in Caledonian Railway tion in the streets connecting the respondents' works with one of Company v. Ogilry (2 Macq. 229), where a railway had been the main thoroughfares of Glasgow was a proper subject of carried on the level across the highway close to a gentleman's compensation. The injury complained of in this case consisted lodge. The inconvenience thence resulting was considerable, and in the destruction of the direct and level access which the was obviously such as rendered the house less attractive and respondent had previously enjoyed, and the substitution of a valuable as a place of residence; but the House of Lords held circuitous route crossing a bridge at a somewhat steep gradient. that the inconvenience was one to which all her Majesty's subThis general description sufficiently indicates the principle jects were exposed, and for which no individual remedy existed. involved in the decision-namely, that when the execution of The railway being set in motion by the Legislature, all the conauthorized works interferes with the direct and proximate access sequences which result from the ordinary working of the line must to private land by a public highway, the land is “injuriously be considered as sanctioned by its authority. The right of action affected” within the meaning of the Acts.

is, therefore, gone, and unless the particular injury falls within This decision is an excellent example of the refinements which the provisions of the compensation clauses, the individual is left have been introduced into the determination of these questions, without any redress. The compensation, moreover, has to be and we shall have occasion to refer to it presently as illustrating assessed once for all, and the effect of requiring it to be made in the anomalies of the established law. The case, however, derives respect of an actionable injury is to exclude all prospective its chief interest from the elaborate review of the earlier damage, no matter how clear it may be that the premises will be authorities in the judgments of the Lord Chancellor and Lord depreciated in value (Broadbent v. Imperial Gas Company, 7 Blackburn, and the opposite opinions expressed by them as to the H. L. C. 600). The further limitation, that the damage must be possibility of harmonizing the previous decisions of the House to the land itself, excludes all claims which might have been of Lords. Lord Blackburn considers them as “certainly not enforced by a personal action ; foremost among which may be easy, and to my mind not possible altogether to reconcile.” The mentioned those cases where the individual suffers special Lord Chancellor, on the other hand, while admitting that “some damage from what would have been a public nuisance if it had propositions wider than the case itself required may appear to not been authorized by Act of Parliament. have received countenance from those who advised the House,” (2.) A still more important limitation was placed on the right maintained that the decisions were capable of being explained to compensation by the case, already referred to, of Hammersmith and justified upon consistent principles." Whether the previous Railway Company v. Brand, in which it was decided that comdecisions are in direct conflict, or not, it is manifest that, no pensation cannot be recovered from a railway company in respect matter how high the authority of the judge may be, the expression of damage or annoyance arising from the working (without negliof his individual opinion cannot, after these remarks, be accepted gence) of the railway, even though the value of the property has as a safe guide upon this vexed question; and it may be men- been actually diminished by the nuisance of smoke, noise, and tioned incidentally that Lords Westbury and Cairns, in two vibration. leading cases which established the most important limitations

It may thus be considered as finally determined, so far as of the company's liability, respectively dissented from the judg- judicial decision is final, that compensation cannot be recovered ments of the majority (see Ricket v. Metropolitan Railway unless there is an actionable injury to land, and unless the inCompany, L. R. 2 H. L. 175, and Hammersmith Railway Com- jury is caused by the execution of the works, and not by the pany v. Brand, 18 W. R. 12, L. R. 4 H. L. 171). It is therefore user of the railway. These two principles are theoretically extremely important to determine how far the principles sufficient to determine every case which can arise ; but their regulating these cases of compensation have been finally settled; practical application is by no means free from difficulty, in conand this is the subject which we propose briefly to consider in the sequence of the great variety in which these claims for compensapresent article.

tion present themselves. Thus, for example, the narrowing of a We need scarcely remind our readers that all the cases—and highway (Beckett's case, 16 W. R. 221, L. R. 3 C. P. 82), they are very numerous-depend upon the construction given to obstructing the access to a navigable river (Metropolitan Board of the words injuriously affected by the execution of the works.” | Works v. McCarthy, 23 W. R. 115, L. R. 7 H. L. 243), darkenThese words seem simple and straightforward, but the endless ing (ancient?) windows (Eagle v. Charing Cross Railway Comvariety of circumstances to which they have to be applied makes pany, 15 W. R. 1016, L. R. 2 C. P. 638), lowering the level of a this subject, in the words of Lord Westbury," a striking road (Reg. v. The Eastern Counties Railway Company, 2 Q. B. example of the uncertainty of the law which rests on judicial 347), and damaging the approaches to a manufactory, as in the decisions(Ricket v. Meiropolitan Railway Company, L. R. 2 case cited at the beginning of this article, have been held proper H. L. at p. 201).

subjects of compensation; while the injury to “goodwill” by The policy of the Railway Acts was, in the interest of the diverting traffic (Ricket v. Metropolitan Railway Company, L. R. community at large, to legalize nuisance, and deprive individuals 2 H. L. 175), the interference with the monopoly of a ferry of rights of action which they might have otherwise enforced :(Hopkins v. Great Northern Railway Company, 2 Q. B. D. 224), the right to compensation conferred by the Acts being by no the injury caused by a level crossing (Ogilvy's case, 2 Macq. means. co-extensive with the damage which in some cases is 229), and many similar cases, have been considered as falling actually suffered. No stronger example of damnum sine injuriâ outside the scope of the Acts. can be furnished than the class of cases recently referred to in It only remains to point out some of the absurdities in the existthese columns (ante, p. 487), where the vibration of passing trains ing law which are brought into prominence by the case of has effected a structural alteration in the neighbouring buildings. Caledonian Railway Company v. Walker's Trustees. And, first, There are also many other cases in which the owner of land as to damage arising from the user of the railway, it seems peradjoining a railway suffers both inconvenience and loss, and yet is fectly clear that greater inconvenience and loss may be suffered de barred from compensation by the somewhat narrow construction in consequence of a level crossing, or a swivel bridge, than from a placed on the statute by the judges who have declared the law detour of a couple of hundred yards. Yet the owner is, in the on the subject.

former case, left without a remedy, while in the latter he is The principles of abstract justice would seem to require that a adjudged compensation, even where the highway affected is chartered monopoly like a railway company should pay to the last only one of several modes of access, and the deviation is

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