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Shaw, Henry Marsden, Hudder field, Woollen Cloth Merchant. Dec 22 at 4 at the Imperial Hotel, Huddersfield. Bottomley, Huddersfield Shaw, William, Preston, Innkeeper. Dec 22 at 11 at offlecs of Thompson and Craven, Lune st, Preston

Smith, Charles, Breighton, York, Farmer. Dec 22 at 2 at the Old Swan Hotel, Selby Rhodes, Sherburn

Smith. Edward Thornton, and John Francis Burton Smith, Lydney, Gloncester, Ironmongers. Dec 24 at 11 at offices or Pruen, Regent st. Cheltenham

Solomons, Joseph, Cambridge rd, Boot and Shoe Manufacturer. Dec 19 at 3 at offices of Chalk, Finsbury circus

Spencer, Charles, Crewe, Labourer. Dec 20 at 11 at offices of Pointon, Albert chmbrs, Church side, Crewe

Stearns, William, Gloucester, Eating House Keeper. Dec 19 at 11 at offices of Franklin, Berkeley st, Gloucester

Stone, George Sydney, Lympsham, Somerset, Coai
Dec 23 at 11 at of offices Smith, Weston-super-Mare

Merchant.

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Stubbs, William, Sutton-le-March, Lincoln, Farmer. Dec 31 at 12 at officee of Wood, New st, Louth

Dec 18 at 11 at

Swafield, Frank Herbert, Bridport, Dorset, Tailor. offices of Loz gin and Nantes, Barrack st, Bridpor Tanner, Edwin, Gloucester, Builder. Dec 23 at 3 at the Ram Hotel, Southgate st, Gloucester. Taynton and Sons, Gloucester

Thomas, William Edward, Devon's rd, Bromley-by-Bow, Grocer. Dec 17 at 12 at offices of Cooper and Co, King's Arms yard, Coleman st. Hazeldine and Co, Coleman st

Tolley, Walter, Aston Manor, Warwick, Cab Proprietor. Dec 22 at 3 at offices of Jacques, Temple row, Birmingham

Toogood, Edward, Bridgewater, Baker. Dec 24 at 12 at offices of Reel and Cook, King sq, Bridgewater

Utting, George, Earith, Huntingdon, Grocer. Dec 22 at 11 at offices of Ellison and Co, Alexandra st, Petty Cury, Cambridge

Wadsworth, John, Guiseley, York, Baker. Dec 22 at 3 at offices of Lodge, Park row, Leeds

Wakhoru, Clif on John, Harby, Leicester, Baker. Dec 22 at 12 at offices of Blackwell, St Peter's Church walk, Nottingham Whiting, John Liecham, Chicheley, Buckingham, Farmer.

Dec 22 at

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SCHWEITZER'S COCOATINA, COCOATINA,

Anti-Dyspeptic Cocoa or Chocolate Powder.

Guaranteed Pure Soluble Cocoa of the Finest Quality, with the excess of fat extracted.

The Faculty pronounce it "the most nutritious, perfectly digestible beverage for Breakfast, Luncheon, or Supper, and invaluable for Invalids and Children."

Highly commended by the entire Medical Press.

Being without sugar, spice, or other admixture, it suits all palates, keeps better in all climates, and is four times the strength of cocoas THICKENED Yet WEAKENED with starch, &c., and IN REALITY CHEAPER, than such Mixtures.

Made instantaneously with boiling water, a teaspoonful to a Break ast Cup, costing less than a halfpenny.

COCOATINA A LA VANILLE is the most delicate, digestible, cheapest Vanita Chocolate, and may be taken when richer chocolate is proaibited.

In tin packets at 1s. 6d., 33., &c., by Chemists and Grocers.
Charities on Special Terms by the Sole Proprietors,

H. SCHWEITZER & CO., 10, Adam-street, London, W.C.

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the Board. The gentleman to be appointed must be an admitted Solicitor, experienced in and qualified to conduct litigious business in the Common Law and Chancery Divisions of the High Court of Justice, and also to support prosecutions by the Board at the Police Courts under the Metropolitan Building Acts. The Salary attached to the office will be £300 a year. Applications for the appointment must be by letter, and must contain full particulars of age, qualifications, and experience; they must also be accompanied by testimonials as to character, business capacity, and other qualifications.

Applications must be addressed to THE CLERK OF THE METROPOLITAN BOARD OF WORKS, Spring-gardens, London, S. W., not later than Tuesday, the 23rd of December next. No person under twenty-five or over forty five years of age will be eligible. J. E. WAKEFIELD, Clerk of the Board. Spring-gardens, S.W., 6th December, 1879.

S

HORTHAND

CLERKS.-Two Wanted, in a Solicitor's Office.-State full particulars and salary required, to LEX, Warburton's, 4, Gracechurch-street, E.C.

AW CLERK.-Wanted, by a Firm of Solicitors in references as to character.-Address W., care of Messrs. Dawson & Sons, 121, Cannon-street, City, E C.

LAW bi). Several years (perience atuation. AW.-WANTED, by a Solicitor (28), a Situation

ng clerk.-Address G., 26A, Bury-street, St. James's, London, S.W. AW.-City Firm of good standing, and holding several public appointments, require an Articled Pupil. Premium 120 guineas.-Apply to LEX, care of sharratt & Cree, 9, Cole

LA man-street, E.C.

LA

AW EXAMINATIONS.-Mr. ALBERT ST. PAUL (M.A. Oxon), Solicitor, prepares gentlemen for their Preliminary, Intermediate, and Final Examinations, either privately, or in class. Resident pupils received.-Address, 11. Staple-inn, London, W.C.

MREditUNDERMAUR R. INDERMAUR (Clifford's Inn Prizeman, Works for Law Students) receives pupils for all legal Examinations, or reading both in class and privately, and also prepares students through the post. The number in each class is limited to 12. At the Final (Solicitors) for last five terms in succession, pupils have taken Honours. During that time 68 sent up, of whom 61 passed, 10 of these taking Honours.-For terms and further particulars apply, personally or by letter, to Mr. INDERMAUR, 22, Chancery-lane, London.

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THE

Now ready, price 9d.

HE LAW ALMANAČK for 1880, Published by THOMAS SCOTT, Warwick-court, Holborn; HAMILTON & Co., Paternoster-row; and sold by all Law Booksellers and Stationers.

Now ready, Sixth Edition, Price 10s. Ed.

to the PREPARATION of BILLS of

COSTS, containing Practical Directions for Taxing Costs in Chancery Division, Precedents of Costs in all the Divisions of the High Court of Justice, Precedents of Costs in Crown Office, Conveyancing, County Court, House of Lords, Lunacy, Privy Council, Probate Division (Non-Contentious), and under Winding-up Acts, the Lands Clanses Consolidation Act, &c., &c. To which is added the Rules and Orders relating to Costs and Fees under the Supreme Court of Judicature Act. With a copious Index to the Solicitor's Charges and Court Fees. By THOMAS W. PRIDMORE, one of the Principal Clerks in the Chancery Taxing Master's Office of her Majesty's High Court of Justice. LONDON: Published by WATERLOW & SONS, LIMITED, London Wall, Great Winchester-street, E.C., and 49, Parliament-street,

S.W.

HE ARTICLED CLERK'S JOURNAL and

TEAMRER Cited by EDWARD HENSLOWE BEDFORD).

Test Papers on "STEPHEN'S COMMENTARIES" and "FOULKES' ACTION AT LAW." The December number of this paper, published on Monday, the 15th inst., will contain a Leading Article on "Uses and Trusts Test Papers on Latin Grammar and Arithmetic for the next Preliminary, on Stephen's Commentaries for the Intermediate, and on Foulkes' Action at Law for the Final Examinations; Digest of new Statutes and Recent Cases, Reports of Law Students' Societies, Correspondence, &c. Price 6d., by post 64d., annual subscription, 68., obtainable through all publishers and booksellers, or at the Office, 9, King's Bench-walk, Temple, E.C.

:

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AVIDSON'S PRECEDENTS in CONVEYANCING. THIRD EDITION. Containing Wills and Appointments of New Trustees. By CHARLES DAVIDSON and THOMAS KEY, of Lincoln's-inn, Esqrs., Barristers-at-Law. Just published, price 1s. 6d., post-free.

FLOOD

on the EQUITABLE DOCTRINE of

ELECTION. A Tractate on the Rule of Practice in English Law, embodying what is known as the Equitable Doctrine of Election, being an Introductory Sketch of the Subject for the Use of Students. By JOHN C. H. FLOOD, of the Middle Temple, Esq., Barrister-at-Law. In 1 vol., 8vo, price £1 10s., cloth.

FLOOD on WILLS of PERSONAL PROPERTY.

A Treatise on the Law of Wi'ls relating to Personal Property, and Subjects appertaining thereto. By J. C. H. FLOOD, of the Middle Temple, Barrister-at-Law.

Price 18s., cloth.

AVIDSON'S CONCISE

DA

PRECEDENTS.

Eleventh Edition. Concise Precedents in Conveyancing, adapted to the Act to amend the Law of Real Property, 8 & 9 Vict. c. 106: with Practical Notes and Observations on the Act, and on the Act for the Cesser of Attendant Terms. By CHARLES DAVIDSON, Esq., of Lincoln's-inn, Barri-ter-at-Law, and late Fellow of Christ's College, Cambridge; and HENRY T. S. DICEY, Esq., of Lincoln's-inn, Barrister-at-Law.

In 2 vols.. 8vo, price £2 10s., cloth.

EY and ELPHINSTONE'S COMPENDIUM of

KEY

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following are the Dates at which the several EXAMINATIONS in the UNIVERSITY OF LONDON for the year 1880 will commence :

MATRICULATION.-Monday January 12, and Monday June 21.
BACHELOR OF ARTS.-First B.A, Monday July 19.

Second B.A., Monday October 25.

MASTER OF ARTS.-Branch I., Monday June 7; Branch II., Monday
June 14; Branch III., Monday June 21.
DOCTOR OF LITERATURE.-First D.Lit., Monday June 7.

Second D.Lit., Tuesday December 7.
SCRIPTURAL EXAMINATIONS.-Tuesday November 23.
BACHELOR OF SCIENCE.-First B.Sc.. Monday July 19.

Second B.Sc., Monday October 18.
DOCTOR OF SCIENCE.-Within the first twenty-one days of June.
BACHELOR OF LAWS.-First LL.B.

Second LL.B. Monday January 5.
DOCTOR OF LAWS.-Thursday January 15.
ACHELOR OF

MEDICINE.-Preliminary Scientific, Monday July 19.
First M.B., Monday July 26.
Second M.B., Monday November 1.
BACHELOR OF SURGERY.-Tuesday November 23.
MASTER IN SURGERY.-Monday November 12.

DOCTOR OF MEDICINE.-Monday November 22.

SUBJECTS RELATING TO PUBLIC HEALTH.-Monday December 13.
BACHELOR OF MUSIC.-First B.Mus., Monday December 13.

Second B.Mus., Monday December 20.

DOCTOR OF MUSIC.-First D.Mus., Monday December 13.

The Regulations relating to the above Examinations and Degrees may be obtained on application to THE REGISTRAR OF THE UNIVERSITY OF LONDON, Burlington Gardens, London, W.

December 9, 1879.

ROYAL COURTS

ARTHUR MILMAN, M.A., Registrar.

of JUSTICE.-Cause and Appeal Lists and all Official Papers for Chancery and Common Law Divisions supplied to Subscribers at £2 2s. per annum.-THOMAS SCOTT, 1, Warwick-court, Holborn.

MODEL SETS of OFFICES.-8 or 16 Rooms.

Two self-contained sets of premises, 14 and 15, Union-court, Old Broad-street, to be Let. Strong-room and all conveniences.Messrs. DEBENHAM, TEWSON, & FARMER, 80, Cheapside, E.C.

MESSRS. THURGOOD & CO., Estate and Land

Agents, Surveyors and Auctioneers, Lonsdale Chambers, 27, Chancery-lane, W.C., hold PERIODICAL SALES, at the MART, of ail classes of Property, the Second Tuesday in each month. Valuations for Probate, Mortgages, &c.

A printed scale of charges will be sent on application.

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L1

IFE POLICIES for SALE.-Important Sale by the Liquidators of the City of Glasgow Bank.-There will be exposed to PUBLIC SALE, within the FACULTY of PROCURATORS' HALL, St. George's-place, GLASGOW, on MONDAY the 22nd, and TUESDAY, the 23rd, days of DECEMBER. 1879, beginning at TWELVE o'clock at noon, EIGHTY-SIX POLICIES of ASSURANCE on the lives of persons whose ages vary from 29 to 80 years. The policies will be exposed separately one by one. Aggregate amount assured, £9,961 3s. 78.; aggregate amount of annual premiums, £3,097 13. 8d. In some cases the premiums have been redeemed. Aggregate surrender value as at May, 1879, £26,199 193.

For particulars and a printed copy of the articles of sale, with a detailed list of the policies, apply to the Liquidators, in Glasgow and Edinburgh; or to

Messrs. DAVIDSON & LYME, W.S., Edinburgh;

Messrs. CLARKE, RAWLINS, & CLARKE, 66, Gresham-house,
Old Broad-street, London, Solicitors;

or to Messrs. McGRIGOR, DONALO, & CO., Writer, 172, St. Vincentstreet, Glasgow, who have the policies themselves and the Bank's titles thereto.

The City of Glasgow Bank, Glasgow, 26th November, 1879.

URTHER SALE of POLICIES by the Liquida

Fu

tors of the City of Glasgow Bank.-After the Sale of the Policies above advertised, there will be exposed to SALE, on TUESDAY, the 23rd instant, POLICIES on a life aged 58; aggregate amount insured, £129,889 18s. 8d.; aggregate amount of premiums, £4,806 1s. 91. The surrender values as on the 23rd instant are being scertained. These policies are all in offices of the highest standing, and some of them are of old date. They will be exposed separately.

Particulars will be supplied as stated in the foregoing advertisement. Glasgow, 1st December, 1879.

DRURY-LANE.

Excellent Freehold Investment equivalent to a Ground-rent.

MESSRS. HARVEY & DAVIDS will SELL by

AUCTION, at the MART, Tokenhouse-yard, Bank of England, E.C., on WEDNESDAY, DECEMBER 17th, 1879, at TWO o'clock precisely, the substantially-erected FREEHOLD SHOP and PREMISES, known as No. 14, Clare-court, Drury-lane (a first-class business thoroughfare), let to a good tenant, who has occupied the premises for the last forty years at a rental of £50 per annum.

of

Particulars and conditions of sale may be obtained at the Mart, E.C.;

H. A. EDGAR, Esq., Solicitor, 38, Bucklersbury; and of Messrs. HARVEY & DAVIDS, Auctioneers, 117, Bishopsgatestreet, Cornhill, E.C.

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Tuesday, October 19 Tuesday, Nov. 2 Tuesday, Nov. 16 Tuesday, December 7 Auctions can also be held on other days besides those above specified. Due notice in any case should be given, in order to insure proper publicity; the period between such notice and the auction must, of course, considerably depend upon the nature of the property intended to be sold.-80, Cheapside, London, E.C.

MESSRS. DEBENHAM, TEWSON & FARMER'S

LIST of ESTATES and HOUSES to be SOLD or LET, including Landed Estates, Town and Country Residences, Hunting and Shooting Quarters, Farms, Ground Rents, Rent Charges, House Property and Investments generally, is published on the first day of each month, and may be obtained, free of charge, at their offices, 80, Cheapside, E C. or will be sent by post in return for two stamps.-Particulars for inter tion should be received not later than four days previous to the end of the preceding month.

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ALMOST SIMULTANEOUSLY with the request by a young lady to be examined at the preliminary examination for solicitors, an application in writing from another lady has been received at one of the Inns of Court with reference to the preliminaries for call to the bar. The applicant has been informed that under the regulations of the Inns of Court, ladies are not allowed to enter as students. With regard to the young lady candidate for the solicitors' examination, we are informed on authority that she has no intention whatever of presenting herself for examination in February next, in face of the reply of the council of the Incorporated Law Society. That ungallant body,

according to our correspondent, have "definitely said that they do not feel themselves at liberty to accept the notice of any woman."

IT 18 REPORTED that, among other provisions proposed to be enacted by the new rules under the Supreme Court of Judicature (Officers) Act, 1879, there is one providing that administration proceedings shall not in future be commenced by summons. We need hardly say that the intention of the legislative provision relating to commencing such proceedings by summons was to save expense in simple cases, but by one of those curious revolutions which sometimes occur in legal matters, a writ of summons now costs less than an originating summons at chambers. We believe the suggestion is, that in future the plaintiff in simple administration actions shall indorse his writ with a claim that the estate may be administered by the judge at chambers. The result will be that, after the issue of the specially-indorsed writ, the plaintiff will, in cases where the proceedings may now be commenced by summons, proceed exactly in the same way as if he had taken out a summons according to the present practice. One incidental effect of the adoption of the proposed provision will be to abolish the expression "matter and cause," as indicating administration proceedings commenced in chambers. In future, all cases where there are plaintiffs and defendants will be "actions"; all other cases will be "matters."

A CURIOUS QUESTION came before the Lord Chancellor on Saturday last on a petition (Re Dering) for the sealing of a patent. It appeared from the statement of counsel that two provisional specifications were delivered on the same day, and, in fact, practically at the same moment, by two independent inventors. In the list of specifications these two were numbered consecutively, and the only reason why one bore an earlier number than the other was that both could not have the same number assigned to them. This, however, was a mere coincidence, and was not allowed to have any bearing on the decision of the Lord Chancellor. The principal point was that on one branch of the subject-matter of the proposed patents there was such an identity that it seemed impossible to distinguish the one from the other. One of the inventors had been a little more active than the other, and had succeeded in getting his patent sealed as of the date of the delivery of the provisional specification, and he now opposed the sealing of the other patent which was by law and practice entitled, if sealed at all, to be sealed as of the same day. Ultimately the Lord Chancellor allowed the second patent to be sealed. Here are materials for a curious conflict. Two persons have granted to them on the same day the Queen's "especial licence, full power, sole privilege, and authority" to use a certain process, and the public who may desire to make use of the process will require to know from which of the patentees they must procure a licence. It would appear that, unless the two patentees should agree to some joint form of licence, a licence must be procured from each of them. From what was stated before the Lord Chancellor it would appear that one of the patents contains parts of the process which are not in the other, and this is possibly the case with both of them; but in one main feature the two processes are admitted to be identical. It is to be hoped, in the interests of the public, that the two patentees will arrive at some arrangement for their mutual benefit for granting joint licenses or in some similar way keeping down the expense to licensees. As the process is connected with the manufacture of steel out of the Cleveland iron, its possible value will be understood.

THE FAST APPROACHING CHRISTMAS is overshadowed with the apprehension of a legal calamity-the revival

of the discussions on the case of the Claimant. It is announced that the Attorney-General has granted his fiat for a writ of error, and that the case will be argued in the course of the ensuing sittings. The grounds of error are stated to reiate to the cumulative sentences passed on the prisoner. There can be no doubt, of course, that a defendant charged with, and convicted of, several offences at the same time, of the same kind, may be sentenced to several terms of imprisonment or penal servitude, to take effect one after the conclusion of the other (see R. v. Williams, 1 Leach. 536; Gregory v. R., 15 Q. B. 974). But the applicants in the present case contend that the offence of perjury with which the Claimant was charged was substantially one and the same offence, the parties in each instance being the same, the ends sought to be obtained being the same, and the allegations of perjury assigned being the same; and that this being so there was no power to award cumulative sentences. It would be absurd to venture an opinion as to the result of the proceedings, but we may be permitted to express a fervent hope that in the forthcoming hearing we may be spared that prodigality of words which made the trials of the Claimant a proverb in forensic history.

THE PROCEEDINGS at the recent meeting of the judges, mentioned in the letter from the Lord Chief Justice to Mr. Under-Sheriff Crawford, in which his lordship states that "the matter [of the Old Bailey dinner] has been considered at a recent meeting of the judges, and they were all of opinion that, desirous as they are of maintaining the most friendly relations with the Lord Mayor and the Sheriffs, the dining at the Central Criminal Court at the early hour of five o'clock is attended with so much inconvenience to the judges that they do not think it desirable to resume a practice which has now for some time been discontinued;" have given rise to considerable speculation, but we believe there is no foundation for the impression that the meeting referred to was in the nature of an inquest to ascertain the state of a member of the bench who had experimentally partaken of a city dinner at the early hour of five o'clock. It is understood, however, that the learned judges based their decision to some extent upon evidence consisting of reminiscences of the former Old Bailey ménu.

It is stated that there are in the United Kingdom 15,521 solicitors.

A fresh regulation, emanating partly from the Criminal Investigation Department of Scotland-yard, and partly from the Home Office, has come into operation at the present session of the Central Criminal Court, and has been productive of very considerable inconvenience. So far as can be ascertained, it appears that the magistrates at the police courts have been directed to bind over the witnesses to go before the grand jury on particular days, dependent on the period of the interval that has elapsed between the past and the approaching session of the Central Criminal Court. The effect of this regulation was that during a great portion of the day the grand jury had nothing to do, and although three courts were sitting there was very little business for them to do, and it was necessary to adjourn for considerable periods at intervals during the day. When the grand jury came into court with some bills shortly before the rising of the court, the foreman said that they had finished their business except one case, which could not be brought before them till the following morning, and he wished to know whether the grand jury would be compelled to attend to dispose of this particular case. The recorder replied that, owing to a fresh regulation, witnesses were summoned to attend on a particular day, and the arrangement had been productive of some little inconvenience at the present session, but he believed this would not occur again. As the business was not finished, he had no power to excuse them from attending on the following morning, but he was informed they would only be detained a very short time.

TITLES OF NEWSPAPERS AND BOOKS. I.

66

IN investigating the law with reference to titles of books and newspapers, the first point which arises for consideration is this:-Under what head are they to be placed; in what light are they to be discussed-are they to be treated, in short, as copyright or as trade-mark? This question is one which has given rise to some difference of language among judges, though we may, perhaps, be able to show that there was not much real divergence in opinion. All, however, have agreed that there is in a title a right capable of protection, and that right was distinctly asserted by Vice-Chancellor Stuart, in the well-known “ Bell's Life" case (Clement v. Maddick, 1 Giff. 98), to be a right of property. The fact that protection is given to titles equally by those judges who take the one view as by those who take the other renders it not very easy to determine the exact grounds on which they have severally proceeded. The most distinct manner in which the issue could be raised would probably be by an application to register a newspaper title as a trade-mark, but no such application appears to have come as yet before any English court for decision. In America, however, the question has arisen, and the newspaper title, "Our Society," has been placed on the register of trade-marks. In upholding the correctness of this decision, the American writer, Mr. Browne, says, in his work on Trade-Marks, "It does not require any genius for one to call a newspaper by the name of sun, moon, or star. The name of a newspaper is a sign to arrest attention as it catches the eye. It points to something else. The heading is not offered for sale. Its office is simply to inform the public that the paper on which it is printed is the Herald, the Sun, or the Globe, as the case may be. The public care not a straw whether the heading be ornamental or plain; for the advantage in buying it is the intelligence, the editorials, the advertisements. The purchaser does not glance at the heading, the title, the name, except to be assured that he is getting the newspaper of his choice. He takes no delight in gazing upon the name or heading as a work of art. righted article is the thing that is sold. The book, the map, the dramatic composition, the engraving, cut, photograph, &c., is the thing bought. The name of a newspaper is but the guide to the thing." And farther on he says again-"A newspaper being a vendible article, is as much a matter of merchandize as any thing can be. It would not be bought unless it contained or bore an authenticating sign. That sign is its name. Each issue may be ephemeral, and be at once consumed, but the name, its emblem, is permanent and invariable, and is the stamp of genuineness." In short, the title of a newspaper is as much the label by which literary material of a certain quality and character is recognized as the triangle or the goat's head is the label by which beer or thread of a certain quality and character is recognized. And if this is so, with regard to the title of a newspaper, it does not appear that any difference exists in the case of the title of any other book; for although the title of a newspaper in great circulation is more continuously under the eyes of the public, the title of a book, especially of one like "The Christian Year," which passes through many editions, is brought more or less frequently under their notice, and conveys a definite idea of the character of the work which it designates. The title is the index to the nature of the contents, just as is the mark on a bale of cotton goods or a packet of tea.

But the copy

And how stand the authorities on the point? Lord Cottenham, in Spottiswoode v. Clarke (2 Ph. 154), seems to have thought that the title-page of an almanack was quite a different thing from a trade-mark, but the reasoning by which he supported that view was not conclusive. What he says is, "Take a piece of steel: the mark of the manufacturer from whom it comes is the

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only indication to the eye of the customer of the quality of the article. So it is of blacking, or any other article of manufacture the particular quality of which is not discernible by the eye. But these cases are quite different from the present case, in which, if you are deceived at all, it is not by the eye." Lord Cottenham appears to have only had present to his mind the physical appearance of the mark to the eye; but that is not the true mode of testing the similarity of trade-marks, as was shown by Lord Cranworth in Seixo v. Provezende (14 W. R. 357, L. R. 1 Ch. 192), in which he pointed out that the matter did not depend solely on the appearance of the marks to the eye, but on the name which the goods had acquired in the market by reason of the mark which they bore, and that it was not necessary to constitute infringement that persons should be deceived who saw the marks placed side by side. The fact, therefore, that the question of infringement of the title-page in Spottiswoode v. Clarke had to be determined on grounds irrespective of the actual appearance to the eye, did not distinguish that case from one of ordinary trade-mark.

The question next came before Lord Hatherley, when Vice-Chancellor, in the case of The Correspondent Newspaper Company v. Saunders (13 W. R. 804, 11 Jur. N. S. 540), where the publishers of The Correspondent newspaper sought to restrain the defendant from publishing another paper under the name of The Public Correspondent, and the Vice-Chancellor, after holding that registration of a newspaper was of no avail without actual publication, went on to express a doubt whether in any case registration would protect the title of the paper as being included in the copyright.

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The doubt then expressed had three years later become a settled conviction, for in delivering the judgment of the Court of Appeal in Chancery in the " Sporting Life" case (Kelly v. Hutton, 16 W. R. 1182, L. R. 3 Ch. 703), Lord Hatherley, then Lord Justice, said distinctly, "It appears to us that there is nothing analogous to copyright in the name of a newspaper." But although, not satisfied with merely denying the existence of copyright in the title, his lordship went so far as to deny that there was even any analogy between the two, he went on to assert that the proprietor had a right to prevent any other person from adopting the same name for any other similar publication.

But if the name is to be protected, and yet not as copyright, under what other head can it be protected than under that of trade-mark? The right of the "proprietor" of a title, to use Lord Hatherley's phrase in Kelly v. Hutton, is not a mere right to protection against fraud, it is a right of property (Clement v. Maddick, Bradbury v. Becton, 18 W. R. 33, 39 L. J. Ch. 57); and the language of Lord Eldon in Hogg v. Kirby (8 Ves. 215), and of Lord Cottenham in Spottiswoode v. Clarke, is no longer applicable now that the doctrine of trademarks (thanks principally to Lord Westbury) is more clearly understood. As a trade-mark the magazine title "Belgravia" was treated by the Lords Justices in Maxwell v. Hogg (15 W. R. 467, L. R. 2 Ch. 307); and, in the same manner, Vice-Chancellor Malins in Bradbury v. Beeton, a case in which an alleged infringement of the title of Punch was concerned, coupled "the name or title of a periodical or magazine" with "labels on bottles" under the general description of trade-marks, and he decided the case on that footing. So, in Dayton v. Wilkes (17 How. Pr. 510), a judge of the Superior Court of the City of New York treated a question of newspaper title on the analogy of the rules in regard to trade-marks, and in another case in the New York Court of Common Pleas (Matsell v. Flanagan, 2

Abb. Pr. N. S. 459), the law of trade-marks was expressly

applied.

On the other hand, even if, as appears to be the right conclusion at which to arrive, titles are trade-marks and not copyright, yet the connection with copyright is very strong, so strong that in Jollie v. Jaques (1 Bl. C. C.

618), it was held by the United States Circuit Court that, where a claim to copyright in a musical composition failed, a claim to protection in respect of the title must necessarily fail also; for, said the judge in that case, "the title or name is an appendage to the book or piece of music for which the copyright is taken out, and if the latter fails to be protected, the title goes with it, as certainly as the principal carries with it the incident." And again, in Osgood v. Allen (1 Holmes, 185), the American court decided that the title of a copyrighted publication was not capable of protection as copyright, except in conjunction with the publication which it was used to designate, and that the copyright in the newspaper there concerned not having been infringed, that in the title had not been. Yet in this very same case in which the title was discussed as copyright, the judge went on to consider it in the light of a trade-mark, and after having declined to protect it as copyright, referred the case to a master for a report from the point of view of trade-marks.

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The connection between titles and copyright is, then, very intimate, and in Mack v. Petter (20 W. R. 964, L. R. 14 Eq. 431), Lord Romilly used the word copyright as applied to the title of a book; "but it is impossible," says Vice-Chancellor Bacon, in the very recent case of Kelly v. Byles (40 L. T. N. S. 623), "to read his judgment and to doubt that the injunction he granted was to restrain the defendant's 'colourable imitation' of the actual book which the plaintiff had first sent into the world." Again, in Weldon v. Dicks (27 W. R. 369, L. R. 10 Ch. D. 247), Vice-Chancellor Malins came to the conclusion that the title of a certain book was included in the copyright by which the book itself was protected; but there the question of copyright or no copyright was immaterial to the decision of the case, as the defendant had copied, though in ignorance, the exact title of the plaintiff's book, word for word; and, having regard to the Vice-Chancellor's remarks in the earlier case of Bradbury v. Beeton, it seems not unreasonable to suppose that all he intended was to assert the plaintiff's title to relief, without examining too minutely the precise head under which it should be granted.

The last case on the subject is Kelly v. Byles, in which Vice-Chancellor Bacon considered an alleged case of imitation of a directory title, first in the light of copyright, and then in that of trade-mark; but as he came to the conclusion that the title used by the defendant was not intended or calculated to deceive, and that that not being so, he was not entitled to relief on either footing, not much light is thrown on the point now under discussion. The foregoing review of the cases on the subject appears, however, to demonstrate that, in the opinion of the highest authorities, titles, though intimately connected with the copyright in the books, newspapers, &c., to which they are prefixed, are themselves trade-marksthat is to say, that, unlike the subject-matter of copyright, they are not protected on the ground of any intrinsic merit or value possessed by them, but that possessing, like other trade-marks, no intrinsic value of their own, they are protected for the purpose of insuring the uniform quality and genuineness of the articles to which they are attached.

At the Central Criminal Court, on Wednesday, Edward Froggatt was convicted of fraudulently appropriating a sum of over £8,000, which had been placed under his control as a trustee under a marriage settlement, and was sentenced to seven years' penal servitude.

fortnight ago. He had been in his usual health up to that Mr. Cole, Q.C., M.P., was seized with paralysis about a time, and a day or two previously had attended the dinner given by the members of the Western Circuit to Mr. Jastice Bowen. The attack has been a severe one, and though Mr. Cole is now better, he is considered to be not out of danger.

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