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Shaw, Henry Marsden, Huddersfield, Woollen Cloth Merchant.
MONEY. - LONDON and WESTMINSTER Dec 22 at 4 at the Imperial Hotel, Huddersfield. Bottomley, Hud
LOAN and DISCOUNT COMPANY (Limited).--ADVANCES dersfield
I made without fecs in sums of £10 to £500 on Personal Security, Shaw. Wil jam. Preston. Innkeeper. Dec 22 at 11 at offlecs of Thompson Deeds. Furniture, Bills of Sale, Foreign Stocks, Bonds, Reversions, and Craven, Lune st, Preston
and Life Policies. Prospectuses gratis, or sent on application, Offices, Smith. Charles Breighton, York, Farmer. Dec 22 at 2 at the old swan | 62, St. Martin'g-lane, London, W.C. CHARLES HILLS, Secretary.
Hotel, Selby. Rhodes, Sherburn
M ONEY promptly Advanced on Personal Security, Gloncester, Ironmongers, Dec 24 at 11 at offices or Pruen, Regent st,
W Bills of Sale, Freeholds, Leaseholds, Stocks, Shares, Bonds Cheltenham
Life Interests, Annuities, Reversione, or other security, repayable by Solomons, Joseph, Cambridge rd, Boot and Shoe Manufacturer. Dec 19 at 3 at offices of Chalk, Finsbury circns
iostalmente. No preliminary fees.-REAL and PERSONAL ADVANCE
COMPANY (Limited). Established 1856. 3, Tavistock-street, Covente Spencer, Charles, Crewe, Labourer. Dec 20 at 11 at offices of Pointon, Albert ehmbrs, Church side, Crewe
garden.-J. WOOLLETT, Secretary. Stearns, William, Gloucester, Eating Hou-e Keeper. Dec 19 at 11 at
TO SOLICITORS. omces of Franklin, Berkeley st, Gloucester Stone, George Sydney, Lympaham, Somerset, Coai Merchant.
THE METROPOLITAN BOARD of WORKS is Dec 23 at ll at of offices Smith, Weston-soper-Maie
about to appoint an Assistant in the Solicitors' Department of Stubbe, William, Sutton-le-March, Lincoln, Farmer. Dec 31 at 12 at The Board. The gentleman to be appointed must be an admitted odicee cf Wood, News, Louth
Solicitor, experienced in and qualified to conduct litigious business in Swaftiield, Frank Herbert, Bridport, Dorset, Tailor. Dec 18 at Il at the Common Law and Chancery Divisions of the High Court of Justica, offices of Loe gin and Nantes, Barrack sl, Bridpor.
and also to support prosecutions by the Board at the Police Courts Tanner, Edwin, Gloucester, Builder. Dec 23 at 3 at the under the Metropolitan Building Acty. The Salary attached to the Ram Hotel, Southgate st, Gloucester. Taynton and Sons, Glou
office will be £300 a year. Applications for the appointment must be cester
by letter, and must contain full particulars of age, qualifioations, and Thomas, William Edward, Devon's rd, Bromley-by-Bow, Gracer. Dec experience; they must also be accompanied by iestimonials as to
17 at 12 at oflices of Cooper and Co, King's Arms yard, Coleman st. character, business capacity, and other qualifications. Hazeldine and Co, Coleman st
App ic rions must be addressed to THE CLERK OF THE METROPOLITAN Tolley, Walter, Aston Manor, Warwick, Cab Proprietor. Dec 22 at 3 at BOARD OF WORKS, Spring-gardens, London, S.W., not later than Tuesoffices of Jacques, Temple row, Birmingham
day, the 23rd of December next. No person under twenty-five or over Toogood, Edward, Bridgewater, Baker. Dec 24 at 12 at offices of Rael forty five years of age will be eligible. and Cook, Kiag sq, Bridgewater
J. E. WAKEFIELD, Clerk of the Board. Utting, George, Earith, Huotingdon, Grocer. Dec 22 at 11 at offices of Spring-gardens, S.W., 6th December, 1879.
Ellison and Co, Alesandra st, Petty Cury, Cambridge
D Solicitor's Office.--State full particulars and salary required, to Wakhorn, Clif on John, Harby, Leicester, Baker. Dec 22 at 12 at
LEX, Warburton's, 4, Gracechurch-street, E.O. otees of Blackwell, St Peter's Church walk, Nottingham Whiting. John Lincham, Chicheley, Bockiogham, Farmer. Dec 22 at 18 at the Bwin Hotel, Newport Pagnell. Bull, Newport Pagnell
LAW CLERK, -Wanted, by a Firm of Solicitors ia Whitley, Richard John, Nottingham, Tobacconist. Dec 31 at 3 ut offices
U the City, a Clerk who wriles a gond hand and can give good of Whittingham, Middle pavement, Nottingham
Teferences as to character. Address W., care of Messrs. Dawson & Williams, Philip, Birmingham, Hackster. D. c 18 at 12 at offices of Sons, 121, Cannon-street, City, E.C.
Jagger, Cherry st, Birmingham
I AW.-WANTED, by a Solicitor (28), a Situation 11 at the Talbot Hot 1, Towcester. Whitton, Towcester Torke. John Southwell, Metheringham, Lincoln, Grocer. Dec 18 at the
with view to a Parinership. Several years' experience as managCounty Court Olice, Bank st, Lincoln, in lieu of the place originally
ng clerk.--Address G., 26A, Bury-street, St. James's, London, S.W. Damed
LAW.-City Firm of good standing, and holding
several public appointments, require an Articled Pupil.
| Premium 120 guineas.-Apply to LEI, care of Sharratt & Cree, 9, ColeSCHWEITZER'S COCOATINA,
man-street, E.C. Anti-Dyspeptic Cocoa or Chocolate Powder. Guaranteed Pore Soluble Cocoa of the Finest Quality, with the I AW EXAMINATIONS.-Mr. ALBERT ST. PAUL excess of fat extracted.
U (M.A.Oxon), Solicitor, prepares gentlemen for their Preliminary, The Faculty pronounce it "the most nutritious, perfectly digestible Intermediate, and Final Examinations, either privately, or in class, beverage for Breakfa t, Luncheon, or Supper, and invaluable for Resident pupils received. Address, 11. Staple-inn, London, w.o. Invalids and Children." Highly commended by the entire Medical Press.
MR. INDERMAUR (Clifford's Inn Prizeman, Being without sugar, spice, or other admixture, it snits all palates, i
Editor of the Law Student's Journal, and Author of Various keeps better in all climates, and is four times the strength of cocoas
Works for Law Students) receives pupils for all legal Examinations, TUICKENED yet WBAKENED with starch, &c., and in REALITY CHEAPER,
or reading both in class and privately, and also prepares students thao such Mixtures.
through ibe post. The number in each class is limited to 12. At the
Final (Solicitors) for last five terms in succession, pupils have taken Made instantaneously with boiling water, a teaspoonfulto a Break
Honours. During that time 68 sent up, of whom 61 passed, 10 of these ast Cup, costing less than a halfpenny.
taking Honours.-For terms and further particulary apply, personally COCOATINA A LA VANILLE is the most delicate, digestible, cheapest
or by letter, to Mr. INDERMAUR, 22, Chancery-lane, London. Vanila Chocolate, and may be taken when richer chocolate is proaibited.
TINTS on ADVOCACY.-By a BARRISTER. In tin packets at ls, 6d., 35., &c., by Chemists and Grocers.
Second Edition (revised and enlarged). Price 5s.
WATERLOW Bros. & LAYTON, 24, Birchin-lane, London
Now ready, price 9d. PAINLESS DENTISTRY. THE LAW ALMANACK for 1880, Published by
1 THOMAS SCOTT, Warwick-rourt, Holborn; HAMILTON & Co., MR. G. H. JONES,
Paternoster-row; and sold by all Law Booksellers and Stationers. SERGEON DENTIST,
Now ready, Sixth Edition, Price 108. Ed. 57, GREAT RUSSELL-STREET, BLOOMSBURY RUIDE to the PREPARATION of BILLS of (Immediately opposite the British Museum),
UT COSTS, containing Practical Directions for Taxing Costs in
Chancery Division, Precedents of Costs in all the Divisions of the High Will be glad to forward his new Pamphlet gratis and post-free, which
Court of Justice, Precedents of Costs in Crown Office, Conveyancing. explains the only perfectly painless systern of adapting ARTIFICIAL
County Court, House of Lords, Lunacy, Privy Oouncil, Probate Division TEETH (protected by Her Majesty's Royal Letters Patent), which
(Non-Contentious), and under Winding-up Acts, the Lands Clanses have obtained five Prize Medals, London 1862, Paris Consolidation Act, &c., &c. To which is added the Rules and Orders 1867, Philadelphia 1876, Vienna 1873, and New York 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 2853.-Consultation daily free.
THOMAS W. PRIDMORE, one of the Principal Clerks in the Chancery
LONDON: Published by WATERLOW & SONS. LUYTET.
THE ARTICLED CLERK'S JOURNAL and BY SPECIAL APPOINTMENT,
EXAMINER (edited by EDWARD HENSLOWE BEDFORD). Co Her Majesty, the Lord Chancellor, ihe Whole of the Judicial Bench Test Papers on “ STEPBEN'S COMMENTARIES” and “FOULKES' ACTION Corporation of London, &c.
AT Law.” The December number of this paper, published on Monday,
the 15th inst.. will contain a Leading Article on “ Uses and Trusts": SOLICITORS' AND REGISTRARS' GOWNS.
Test Papers on Latin Grammar and Arithmetic for the next Preliminary. BARRISTERS' AND QUEEN'S COUNSEL'S DITTO,
on Stephen's Commentaries for the Intermediate, and on Foulkes'
Action at Law for the Final Examinations; Digest of new Statutes and CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, LC Recent Caser, Reports of Law Students' Societies, Correspondence, &c. ESTABLISHED 1689.
Price 6d., by post 6 d., annual subscription, 6e., obtainable through
ali publishers and booksellers, or at the Office, 9, King's Bench-walk, 94, CHANCERY LANE, LONDON.
EDE AND 30 N ROBE
W. MAXWELL & SON'S LAW PUBLICATIONS.
Sales for the Year 1880.
MESSRS. FAREBROTHER, ELLIS, CLARK, Now ready, price £1 129., cloth.
& Co. beg 10 announce that the following DAYS have been DAVIDSON'S PRECEDENTS in CONVEY fixed for their SALES for the ensuing year, to be held at the AUCANCING. Vol. IV. THIRD EDITION. Containing Wills and
TION MART, Tokenhouse-yard :Appointments of New Trustees. By CHARLES DAVIDSON and Wednesday, Jan, 14 Friday, May 7
Wednesday, Jaly 21 THOMAS KEY, of Lincoln's-inn, Esqrs., Barristers-at-Law.
Wednesday, Jan, 28 W dnesday, May 19 Wednesday, July 28 Just published, price is, 6d., post-free.
Wednesday, Feb. 11 Friday, May 21
Wednesday, Aug. 4 DLOOD on the EQUITABLE DOCTRINE of Wednesday, Feb. 25 | Wednesday, June 2 Wednesday, Aug. 11 ELECTION. A Tractate on the Rule of Practice in English Law,
Wednesday, March 3 | Wednesday, June 16 Wednesday, Aug. 25 embodying what is known as the Eqnitable Doctrine of Election, being
Wednesday, March 10 | Wednesday, June 23 Wednesday, Sept. 24 an Introductory Sketch of tbe Subject for the Use of Students. By
Friday, March 23 Wednesday, June 30 Wednesday, Oct. 20 JOHN C. H.FLOOD, of the Middle Temple, Esq., Barrister-at-Law.
Wednesday, April 7 Wednesday, July 7 Wednesday, Nov. 17 In 1 vol., 8vo, price £i 10s., cloth.
Friday, April 16 Wedoesday, July 14 Wednesday, De.. 15 DLOOD on WILLS of PERSONAL PROPERTY.
Weduesday, April 28 A Treatise on the Law of Wi'ls relating to Personal Property, Other appointments for Special Sales can be arranged. and Subjects appertaining thereto. By J. C. H. FLOUD, of the Nos, 5 and 6, Lancaster-place, Strand, W.C., and 18, Old BroadMiddle Temple, Barrister-at-Law.
street, E.0. Price 189., cloth. DAVIDSON'S CONCISE PRECEDENTS.
LIFE POLICIES for SALE.-Important Sale by Eleventh Edition. Concise Precedents in Conveyancing, adapted
the Lignidators of the City of Glasgow Bank. There will be esto the Act to amend the Law of Real Property, 8 & 9 Vict. c. 106 : posed to PUBLIC SALE, within the FAOULTY of PROCURATORS' with Practical Notes and Observations on the Act, and on the Act for HALL, St. George's place, GLASGOW, on MONDAY the 22nd, and th, Cesser of Attendant Terms. By CHARLES DAVIDSON, Esq., TUESDAY, the 23rd, days of DECEMBER. 1879, beginning at of Lincoln's-inn, Barri-ter-at-Law, and late Fellow of Christ's College, TWELVE o'clock at noon, EIGHTY-SIX POLICIES of ASSURANCE Cambridge ; and HENRY T. S. DICEY, Esq., of Lincoln's-inn, Bar on the lives of persons whoso ages vary from 29 to 80 years. The rister-at-Law.
policies will be exposed separately one by one. Aggregate amount In 2 vols., 8vo, price £2 10s., cloth.
assured, £9,961 3s. 70.; aggregate amount of annual premiums, TEY and ELPHINSTONE'S COMPENDIUM of £3,097 13e. 8d. In some cases the premiums have been redeemed.
PRECEDENTS in CONVEYANCING. Comprising the Forms Aggiegate surrender value as at May, 1879, £26,199 199, required in Ordinary Practice. By THOMAS KEY, one of the Editors For particulars and a printed copy of the articles of sale, with a deof * Davidson's Precedente; "and HOWARD WARBURTON ELPHIN- tailed list of the policies, apply to the Liquidators, in Glasgow and STONE, formerly Lecturer to the Ihcorporated Law Society ; both of Edinburgh; or to Lincoln’s-inn, Barristers-at-Law.
Messrs. DAVIDSON & LYME, W.8., Edinburgh;
Messrs. CLARKE, RAWLINS, & CLARKE, 66, Gresham-house, W. MAXWELL & SON.
Old Broad-street, London, Solicitors; LAW PUBLISHERS AND BOOKSELLERS. or to Messrs. MCGRIGOR, DONALO, & CO., Writer, 172, St. Vincent29, FLEET STREET, LONDON, E.C.
street, Glasgow, who have the policies themselves and the Bank's
titles thereto. *. A Catalogue of Standard Works and Reports Post-free on applica. The City of Glasgow Bank, Glasgow, 26th November, 1879. tion,
TURTHER SALE of POLICIES by the LiquidaComplete in 94 vols., royal 8vo.
tors of the City of Glasgow Bank.-After the sale of the Policies THE LAW REPORTS, 1866–1875, issued under above advertised, there will be exposed to SALE, on TUESDAY, the 1 Authority of the Incrporated Conncil of Law Reporting for
23rd instant, POLICIES on a lite aged 58 ; aggregate amount insured, England and Wales. The Publishers beg to announce that the Statutes £129,889 188. 8d, ; aggregate amount of premiums, $4,806 18. 91. The for the years 1869, 1870, and 1871, which for a considerable period were surrender values as on the 23rd instant are being ascertained. These out of print, having been lately reprinted, they are now again enabled policies are all in offices of the highest standing, and some of them are to offer complete sets of the Law Reports for these years on lavourable of old date. They will be exposed separately. terms, and invite applications for farther particulars.
Particulars will be supplied as stated in the foregoing advertisement. London : WM. CLOWES & SONS, 51, Carey-street, Lincoln's-inn, w...
Glasgow, 1st December, 1879.
DRURY-LANE. 1 EXAMINATIONS in the UNIVERSITY OF LONDON for the Excellent Freehold Investment equivalent to a Ground-rent. year 1880 will commence:
MESSRS. HARVEY & DAVIDS will SELL by MATRICULATION --Monday January 12, and Monday June 21,
W AUCTION, at the MART, Tokenhouse-yard, Bank of England, BACHELOR OF ARTS.--First B.A , Monday July 19.
E.C., on WEDNESDAY, DECEMBER 17th, 1879, at Two o'clock preSecond B.A., Mond y October 25.
cisely, the substantially-erected FREEHOLD SHOP and PREMISES. MASTER OF ARTS.-Branch I., Monday June 7; Branch II., Monday known as No. 14, Clare-court, Drury-lane (a first-class business June 14; Branch III., Monday Jane 21.
thoroughfare), let to a good tenant, who has occupied the premises for DOCTOR OF LITERATURE, --First D.Lit., Monday June 7.
the last forty ytars at a rental of £50 per annum. Second D.Lit., Tuesday December 7,
Particulars and conditions of sale may be obtained at the Mart, E.C.;
H.A. EDGAR, Esq., Solicitor, 38, Bucklersbary;
and of Messrs. HARVEY & DAVIDS, Auctioneers, 117, BishopsgateDOCTOR OF SCIENCE.-Within the first twenty-one days of June.
street, Corohill, E.C. BACHELOR OF LAWS.-First LL.B. ?
Second LL.B. )
SALES FOR THE YEAR 1880.
MESSRS. DEBENHAM, TEWSON, & FARMER
I beg to announce that their SALES of LÁNDED ESTATES, Second M.B., Monday November 1.
Town, Suburban, and Country Houses, Business Premises, Building BACHELOR OF SURGERY.-Tnesday November 23.
Land, Ground-rents, Reversions, Shares, and other Properties, will be MASTER IN SURGERY.-Monday November 32.
held at the Auction Mart, Tokenhouse-yard, near the Bank of England, DOCTOR OF MEDICINE.-Monday November 22.
in the City of London, as follows: SUBJECTS RELATING TO PUBLIC HEALTH.Monday December 13.
Tuesday, Jan. 6
Tuesday, May 4 Tuesday, July 27 BACHELOR OF Music.-First B.Mu.., Monday December 13.
Tuesday, Jan. 20 Tuesday, May 11 Tuesday, August 3
Tuesday, Feb. 3
Tuesday, August 10 DOCTOR OF MUSIC,-First D.Mus., Monday December 13.
Tuesday, Feb. 17 Tuesday, May 25 Tuesday, August 17 The Regulations relating to the above Examinations and Degrees
Tuesday, March 2 Tuesday, June 1
Tuesday, August 24 may be obtained on application to THE REGISTRAR OF THE UNIVER
Tuesday, March 9 Tuesday, June 8 Tuesday, Augast 31 SITY OF LONDON, Burlington Gardons, London, W.
Tuesdxy, March 16 Tuesday, June 15 Tuesday, October 5 ARTHUR MILMAN, M.A., Regietrar.
Tuesday, March 23 Tuesday, June 22 Tuesday, October 12 December 9, 1879.
Tuesday, April 6 Tuesday, June 29 Tuesday, October 19
Tuesday, April 20 Tuesday, July 13 Tuesday, Nov. 16 DOYAL COURTS of JUSTICE.-Cause and
Tuesday, April 27 Tuesday, July 20 | Tuesday, December 7 Appeal Lists and all Official Papers for Chancery and Common Auctions can also be beld on other days besides those above specified. Law Divisions supplied to Subscribers at £2 29. per annum.-THOMAS Due notice in any case should be given, in order to insure proper pubSCOTT, 1, Warwick court, Holborn.
licity ; the period between such notice and the auction must, of M ODEL SETS of OFFICES.-8 or 16 Rooms.
coarse, considerably depend upon the nature of the property intended
to be sold.--80, Ches pside, London, E.C. I Two self-contained sets of promises, 14 and 15, Union-court,
oad-street, to be Let. Strong-room and all conveniences. MESSRS. DEBENHAM, TEWSON & FARMER'S Messrs. DEBENHAM, TEwson, & FARMER, 80, Cheapside, E.C.
LIST of ESTATES and HOUSES to be SOLD or LET, including
Landed Estates, Town and Country Residences, Hunting and shooting M ESSRS. THURGOOD & CO., Estate and Land
Quarters, Farms, Ground Rents, Rent Charges, House Property and VT Agents, Surveyors and Auctioneers, Lonsdale Obambers, 27, Investments generally, is published on the first day of each month. Chancery-lane, W.O., bold PERIODICAL SALES, at the MART, of all and may be obtained, free ofcharge, at their offices, 80, Cheapside, EC. classes of Property, the Second Tuesday in each month. Valuations or will be sent by post in return for two stamps. - Particulars for ineer fcr Probate, Mortgager, &c.
tion should be received not later than four days previous to the end A printed scale of cbarges will be sent on application.
of the preceding month.
according to our correspondent, have “ definitely said that they do not feel themselves at liberty to accept the notice of any woman."
139 ............. 140
142 ........ 143
LONDON, DECEMBER 20, 1879.
IT 18 REPORTED that, among other provisions proposed to be enacted by the uew rules under the Supreme Court of Judicature (Officers) Act, 1879, there is one providing
that administration proceedings shall not in future be CONTENTS.
commenced by summons. We need hardly say that the intention of the legislative provision relating to commenc
ing such proceedings by summons was to save expense in CURRENT TOPICS :
Vacation Hours at the Legal Offices .............................. 139 simple cases, but by one of those curious revolutions which Lady Lawyers.....
sometimes occur in legal matters, a writ of summons now Proposed Abo ition of Administration Summonses .............. 139 Two fatents for the same Process
costs less than an originating summons at chambers. We ........................... 139 The Writ of Error in he claimant's Case......................
believe the suggestion is, that in future the plaintiff The Judges on the Old Ba ley Linners
in simple administration actions shall indorse his writ LEADERS :
with a claim that the estate may be administered by the The Titles of Newspapers and Books
........... 140 The Law as to Bigamy.
............ 142 judge at chambers. The result will be that, after the REVIEWS
issue of the specially-indorsed writ, the plaintiff will, in GENERAL CORRESPONDENCE..........
cases where the proceedings may now be commenced by CASES OF THE WEEK :Norrington, In re
summons, proceed exactly in the same way as if he had Rokeby, Lord, v. Elliot
taken out a summons according to the present practice. Pierey v. Young..
One incidental effect of the adoption of the proposed Manis v. Ingram. Levick's Trusts, Re
provision will be to abolish the expression “matter Geodwin, Re (deceased), Harris v. George....................... 144 and cause," as indicating administration proceedings Phillips v Llanover..... Trotter v. Maclean.......
commenced in chambers. In future, all cases where there .................................... 145 Green y. scrin
145 are plaintiffs and defendants will be " actions"; all OBITUARY..
....................... 146 other cases will be “ matters."
Saturday last on a petition (Re Dering) for the sealing of a COUNTY COURIS................................................. 151 patent. It appeared from the statement of counsel that COURT PAPERS PUBLIC COMPANIES
two provisional specifications were delivered on the ....................................... 163 LONDON GAZETTKS, &c., &c. ..................................... 153 same day, and, in fact, practically at the same moment,
by two independent inventors. In the list of specifica
tions these two were numbered consecutively, and the CASES REPORTED IN THE WEEKLY REPORTER. only reason why one bore an earlier number than the Boldero and another v. The London and Westminster Loan and other was that both could not have the same number Discount Company, Limit d (Es.Div.)
154 Davies 1. Goodman (CP Div.)
assigned to them. This, however, was a mece coincid. Davies v. MeVergb (App.)
ence, and was not allowed to have any bearing on the Esparto Trading Company, In re (Ch.Dir.V.C.H.)
decision of the Lord Chancellor. The principal point Guardians of ie Poor of the Noitii gham Uni n, The, Appellants, v. Tomkinsen, Respondent (C.P.Div.)
was that on one branch of the subject-matter of the pro"Hankow," The (B. 290) (Adn.Div.) ........................... 156 posed patents there was such an identity that it seemed Lynall's Trusts, Iu re (Ch.Div. V.C.H.)............................ Martin v. Bannister and others (4 pp.)
impossible to distinguish the one from the other. One
.......................... 143 Nurse v. Duru ford (Ch.Div. M.R.)..............................
of the inventors had been a little more active than the Ord, In re. Dickinsoa v. Dickinson (App.)..
other, and had succeeded in getting his patent sealed as Orrell Colliery ard Fir -Brick Company, In re (Ch.Div. M.R.) 145 Overseers of St. Werburgh v. Hutchinson (Ex.Div.)..
of the date of the delivery of the provisional specificaReg., on the Pr sei union of A. Cripp, Appellant, v. Sir R. Wallace, tion, and he now opposed the sealing of the other patent Re-fondent (Q.B Div.)
149 Shakespeare Walk School, In re (Ch.Div. V.0.H.)...................
which was by law and practice entitled, if sealed at Shaw and others v. The Earl of Jersey (App.)...
142 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. CURRENT TOPICS,
Two persons have granted to them on the same day the
authority" to use a certain process, and the public who may IT IS UNDERSTOOD that it has been in contemplation to desire to make use of the process will require to know materially extend the hours during which the several from which of the patentees they must procure a licence. offices of the Supreme Court are open in vacation, and to It would appear that, unless the two patentees should fix these hours from ten in the morning until four in the agree to some joint form of licence, a licence must be proafternoon. We regret to hear that this proposal meets cured from each of them. From what was stated before the with strong opposition from some of the learned judges. 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 ALMOST SIMULTANEOUSLY with the request by a young one main feature the two processes are admitted to be lady to be examined at the preliminary examination for identical. It is to be hoped, in the interests of the solicitors, an apylication in writing from another lady has public, that the two patentees will arrive at some been received at one of the Inns of Court with reference arrangement for their mutual benefit for granting joint to the preliminaries for call to the bar. The applicant has licenses or in some similar way keeping down the expense been infcrmed that under the regulations of the Inns of to licensees. As the process is connected with the Court, ladies are not allowed to enter as students. With manufacture of steel out of the Cleveland iron, its regard to the young lady candidate for the solicitors' possible value will be understood. 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 THE PAST APPROACHING CHRISTMAS is overshadowed of the Incorporated Law Society. That ungallant body, with the apprehension of a legal calamity-the revival
150 ............. 143
of the discussions on the case of the Claimant. It is announced that the Attorney-General has granted his
TITLES OF NEWSPAPERS AND BOOKS. 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
In investigating the law with reference to titles of books
and newspapers, the first point which arises for conon the prisoner. There can be no doubt, of course, that a defendant charged with, and convicted of, several offences
sideration is this :- Under what head are they to be
placed ; in what light are they to be discussed--are they at the same time, of the same kind, may be sentenced to several terms of imprisonment or penal servitude, to take
to be treated, in short, as copyright or as trade-mark ? effect one after the conclusion of the other (see R. v.
This question is one which has given rise to some Williams, 1 Leach. 536; Gregory v. R., 15 Q. B. 974).
difference of language among judges, though we may, But the applicants in the present case contend that the
perhaps, be able to show that there was not much real offence of perjury with which the Claimant was charged
divergence in opinion. All, however, have agreed that
there is in a title a right capable of protection, and was substantially one and the same offence, the parties
that right was distinctly asserted by Vice-Chancellor in each instance being the same, the ends sought to be
Stuart, in the well-known“ Bell's Life" case (Clement v. obtained being the same, and the allegations of perjury
Maddick, 1 Giff. 98), to be a right of property. assigned being the same; and that this being so there was
The no power to award cumulative sentences. It would be
fact that protection is given to titles equally by those absurd to venture an opinion as to the result of the pro
judges who take the one view as by those who take the ceedings, but we may be permitted to express a fervent
other renders it not very easy to determine the exact hope that in the forthcoming hearing we may be
grounds on which they have severally proceeded. The spared that prodigality of words which made the trials
most distinct manner in which the issue could be of the Claimant a proverb in forensic history.
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 THE PROCEEDINGS at the recent meeting of the has arisen, and the newspaper title, “ Our Society," has judges, mentioned in the letter from the Lord Chief | been placed on the register of trade-marks. In Justice to Mr. Under-Sheriff Crawford, in which his upholding the correctness of this decision, the American lordship states that “the matter [of the Old Bailey writer, Mr. Browne, says, in his work on Trade-Marks, dinner] has been considered at a recent meeting of the “It does not require any genius for one to call a newsjudges, and they were all of opinion that, desirous as they paper by the name of sun, moon, or star. The name of are of maintaining the most friendly relations with the a newspaper is a sign to arrest attention as it catches Lord Mayor and the Sheriffs, the dining at the Cen the eye. It points to something else. The heading is tral Criminal Court at the early hour of five o'clock is not offered for sale. Its office is simply to inform the attended with so much inconvenience to the judges that public that the paper on which it is printed is the they do not think it desirable to resume a practice which Herald, the Sun, or the Globe, as the case may be. The has now for some time been discontinued ;” have public care not a straw whether the heading be orna. given rise to considerable speculation, but we believe mental or plain; for the advantage in buying it is the there is no foundation for the impression that the intelligence, the editorials, the advertisements. The meeting referred to was in the nature of an inquest to purchaser does not glance at the heading, the title, the ascertain the state of a member of the bench who had name, except to be assured that he is getting the newsexperimentally partaken of a city dinner at the early 1 paper of his choice. He takes no delight in gazing upon hour of five o'clock. It is understood, however, that the the name or heading as a work of art. But the copylearned judges based their decision to some extent righted article is the thing that is sold. The book, the upon evidence consisting of reminiscences of the former map, the dramatic composition, the engraving, cut, oīd Bailey ménu.
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 It is stated that there are in the United Kingdom 15,521
article, is as much a matter of merchandize as any
thing can be. It would not be bought unless it consolicitors.
tained or bore an authenticating sign. That sign A fresh regulation, emanating partly from the Criminal Investigation Department of Scotland-yard, and partly
| is its name. Each issue may be ephemeral, and be
at once consumed, but the name, its emblem, isfrom the Home Office, has come into operation at the present session of the Central Criminal Court, and has been
permanent and invariable, and is the stamp of genuine
ness.” In short, the title of a newspaper is as much the productive of very considerable inconvenience. So far as ! can be ascertained, it appears that the magistrates at the
label by which literary material of a certain quality and police courts have been directed to bind over the witnesses
character is recognized as the triangle or the goat's head to go before the grand jury on particular days, dependent
is the label by which beer or thread of a certain quality on the period of the interval that has elapsed between the and character is recognized. And if this is so, with repast and the approaching session of the Central Criminal gard to the title of a newspaper, it does not appear that Court. The effect of this regulation was that during a any difference exists in the case of the title of any other great portion of the day the grand jary had nothing to do, book ; for although the title of a newspaper in great and although three courts were sitting there was very circulation is more continuously under the eyes of the little business for them to do, and it was necessary to ad. public, the title of a book, especially of one like “The journ for considerable periods at intervals during the day, Christian Year,” which passes through many editions, is When the grand jury came into court with some bills shortly
brought more or less frequently under their notice, and before the rising of the court, the foreman said that they
conveys a definite idea of the character of the work bad finished their business except one case, which could not
which it designates. The title is the index to the nature be brought before them till the following morning, and he
of the contents, just as is the mark on a bale of cotton wished to know wbether the grand jary would be compelled co attend to dispose of this particular case. The recorder
goods or a packet of tea. replied tbat, owing to a fresh regulation, witnesses were
And how stand the authorities on the point ? Lord summoned to attend on a particular day, and the arrange
Cottenham, in Spottiswoode v. Clarke (2 Ph. 154), seems ment bad been productive of some little inconvenience at the
to have thought that the title-page of an almanack was present session, but he believed this would not occur again.
quite a different thing from a trade-mark, but the As the business was not finished, he had no power to excuse reasoning by which he supported that view was not conthem from attending on the following morning, but he was clusive. What he says is, “ Take a piece of steel; the informed they wonld only be detained a very short time, mark of the manufacturer from whom it comes is the
only indication to the eye of the customer of the quality 61%), it was held by the United States Circuit Court that, of the article. So it is of blacking, or any other article where & claim to copyright in a musical composition of manufacture the particular quality of which is not failed, a claim to protection in respect of the title must discernible by the eye. But these cases are quite necessarily fail also ; for, said the judge in that case, different from the present case, in which, if you are “the title or name is an appendage to the book or piece deceived at all, it is not by the eye.” Lord Cottenham of music for which the copyright is taken out, and if appears to have only had present to his mind the the latter fails to be protected, the title goes with it, as physical appearance of the mark to the eye; but that is certainly as the principal carries with it the incident." not the true mode of testing the similarity of trade-marks, And again, in Osgood v. Allen (1 Holmes, 185), the as was shown by Lord Cranworth in Seixo v. Prove. American court decided that the title of a copyrighted zende (14 W. R. 357, L. R. 1 Ch. 192), in which he pointed publication was not capable of protection as copyright, out that the matter did not depend solely on the except in conjunction with the publication which it was appearance of the marks to the eye, but on the name used to designate, and that the copyright in the newswhich the goods had acquired in the market by reason paper there concerned not having been infringed, that of the mark which they bore, and that it was not in the title had not been. Yet in this very same case in necessary to constitute infringement that persons should which the title was discussed as copyright, the judge be deceived who saw the marks placed side by side. went on to consider it in the light of a trade-mark, and The fact, therefore, that the question of infringement of after having declined to protect it as copyright, referred the title-page in Spottiswoode v. Clarke had to be the case to a master for å report from the point of view determined on grounds irrespective of the actual appear. of trade-marks. ance to the eye, did not distinguish that case from one of The connection between titles and copyright is, then, ordinary trade-park.
very intimate, and in Mack v. Petter (20 W. R. 964, L. R. The question next came before Lord Hatherley, when 14 Eq. 431), Lord Romilly used the word "copyright Vice-Chancellor, in the case of The Correspondent News as applied to the title of a book ; "but it is impossible," paper Company v. Saunders (13 W. R. 804, 11 Jur. says Vice-Chancellor Bacon, in the very recent case of N. S. 540), where the publishers of The Correspondent Kelly v. Byles (40 L. T. N. S. 623), “to read his judgnewspaper sought to restrain the defendant from pub-ment and to doubt that the injunction he granted was lishing another paper under the name of The Public to restrain the defendant's 'colourable imitation' of the Correspondent, and the Vice-Chancellor, after holding actual book which the plaintiff had first sent into the that registration of a newspaper was of no avail without world.” Again, in Weldon v. Dicks (27 W. R. 369, L. R. 10 actual publication, went on to express a doubt whether Ch. D. 247), Vice-Chancellor Malins came to the conclu. in any case registration would protect the title of the sion that the title of a certain book was included in the paper as being included in the copyright.
copyright by which the book itself was protected ; but The doubt then expressed had three years later become there the question of copyright or no copyright was 8 settled conviction, for in delivering the judgment of immaterial to the decision of the case, as the dethe Court of Appeal in Chancery in the “ Sporting Life" fendant had copied, though in ignorance, the exact title case (Kelly v. Hutton, 16 W. R. 1182, L. R. 3 Ch. 703), of the plaintiff's book, word for word; and, having Lord Hatherley, then Lord Justice, said distinctly, * It regard to the Vice-Chancellor's remarks in the earlier appears to us that there is nothing analogous to copy case of Bradbury v. Beeton, it seems not unreasonright in the name of a newspaper." But although, not able to suppose that all he intended was to assert satisfied with merely denying the existence of copyright the plaintiff's title to relief, without examining too in the title, his lordship went so far as to deny that there minutely the precise head under which it should be was even any analogy between the two, he went on to granted. assert that the proprietor had a right to prevent any The last case on the subject is Kelly v. Byles, in other person from adopting the same name for any other which Vice-Chancellor Bacon considered an alleged case of similar publication.
imitation of a directory title, first in the light of copyright, But if the name is to be protected, and yet not as and then in that of trade-mark; but as he came to the copyright, under what other head can it be protected conclusion that the title used by the defendant was not than under that of trade-mark? The right of the “ pro intended or calculated to deceive, and that that not being prietor" of a title, to use Lord Hatherley's phrase in so, he was not entitled to relief on either footing, not Kelly v. Hutton, is not a mere right to protection against much light is thrown on the point now under discussion. fraud, it is a right of property (Clement v. Maddick, The foregoing review of the cases on the subject Bradbury v. Beeton, 18 W. R. 33, 39 L. J. Ch. 57); and appears, however, to demonstrate that, in the opinion of the language of Lord Eldon in Hogg v. Kirby (8 Ves. the highest authorities, titles, though intimately con215), and of Lord Cottenham in Spottiswoode v. Clarke, nected with the copyright in the books, newepapers, &c., is no longer applicable now that the doctrine of trade to which they are prefixed, are themselves trade-marks marks(thanks principally to Lord Westbury) is more that is to say, that, unlike the subject-matter of copyclearly understood. As a trade-mark the magazine title right, they are not protected on the ground of any “Belgravia was treated by the Lords Justices in intrinsic merit or value possessed by them, but that Maxwell v. Hogg (15 W. R. 467, L. R. 2 Ch. 307); and, possessing, like other trade-marks, no intrinsic value of in the same manner, Vice-Chancellor Malins in Brad their own, they are protected for the purpose of insuring bury v. Beeton, a case in which an alleged infringement of the uniform quality and genuineness of the articles to the title of Punch was concerned, coupled “the name which they are attached. or title of a periodical or magazine" with "labels on bottles” under the general description of trademarks, and he decided the case on that footing. So, in Dayton
At the Central Criminal Court, on Wednesday, Edward 1. Wilkes (17
How. Pr. 510), a judge of the Superior Froggatt was convicted of fraudulently appropriating a sam Court of the City of New York treated a question of
of over £8,000, which had been placed under his control newspaper title on the analogy of the rules in regard to
as a trustee under a marriage settlement, and was sontrade-marks, and in another case in the New York
tenced to sevon years' penal servitude. Court of Common Pleas (Matsell v. Flanagan, 2 Abb. Pe. N. S. 459), the law of trade-marks was expressly fortnight ago. He had been in his usual health op to that
Mr. Cole, Q.C., M.P., was seized with paralysis about a applied.
On the other hand, even if, as appears to be the right time, and a day or two previously had attended the dinner conclusion at which to arri titles are trade-marks and given by the members of the Western Cironit to Mr. Jag
tice Bowed. The attaok has been a severe ope, and not copyright, yet the connection with copyright is very
though Mr. Cole is now better, he is considered to be note strong, so strong that in Jollie v. Jaques (i Bl. C. Č.
out of danger.