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For the Relief of Poor and Necessitous Solicitors and Proctors in England and Wales,

and their Wives, Widows, and Families.


The TWENTIETH ANNIVERSARY FESTIVAL in aid of this Association will take place at the "SHIP" HOTEL GREENWICH, on WEDNESDAY, 30TH JUNE, 1880, the Right Hon. SIR JAMES HANNEN in the Chair. Tickets may be had of the Secretary, 258. each. Dinner at Half-past six o'clock, p.m.


Law Copying and Engrossing.

I COMPANY. Chief Office-126, Chancery-lane, London, w.c.
The Funds in hand and Capital subseribed amount to upwards of

£1,500,000 sterling.

1 & 2, CHANCERY LANE, LONDON, E.C. Chairman-JAMES CUDDON, Esq., Barrister-at-Law, Goldsmith-build

ing, Temple. Deputy-Chairman-C. PEMBERTON, Esg. (Lee & Pembertons), Solicitor 44, Lincoln's-inn-fields.

Deeds and Writings engrossed and copied on the Premises, with Every description of Fire and Life Insurance business transacted.

punctuality and dispatch, at the lowest scale of charges. The Directors iavite attention to the new form of Life Policy, which

A good Discount allowed on agreed accounts. free from all conditions.

The Company advances Money on Mortgage of Life Interest and
Reversions, whether absolute or contingent.

STATEMENTS OF CLAIM AND DEFENCE, AFFIDAVITS, and Prospectuses, Copies of the Directors' Report, and Annual Balance

other PLEADING, Printed at ls. per folio. sheet, and every information, sent post free, on application to

DEEDS, CONVEYANCES, MORTGAGES, &c., Printed in form FRANK MÄGEDY, Actuary and Secretary.

for Registration.

Discount allowed for cash on agreed accounts.

PANY.-Established 1825,


EVIDENCE, Lithographed at reduced prices. Amount of Assurances accepted.............. £1,134,444

PLANS OF ESTATES, SPECIFICATIONS. BUILDING Ditto during the last five years....

SOCIETIES' DEEDS, LEASES, &c., Lithographed with accuracy

.. 6,266,013 Total assurances ..

and dispatch.

...... 19,044,745 Revenue ....




Samples and Catalogues sent post-free.

VATES & ALEXANDER, General Printers, LonsF THE PROFITS WHICH HAVE ARISEN SINCE 1875 will be di. 1 dale Buildings, 27, Chancery-lane, immediately opposite the vided among Policies in existence at the close of the current year, and

Chancery-lane Post-office. assurar ces now effected will participate.

I AW, Parliamentary, and General Printing by Since 1835 the Company has distributed THREE MILLIONS Sterling on Bonus additions to Policies,

U Yates & Alexander, 27, Chancery-lane. London: 82, King William-street, E.O., and 3, Pall Mall East, S.W. STATEMENTS of Olaim and Defence, Affidavits, Dublin : 66, Upper Sackville-street. Manchester : 50, Spring-gardens. Petitions, and Pleadings printed by Yates & Alexander. Liverpool : 10, Couk-street.

UOTIONEERS' Work, Particulars and Conditions OVEREIGN LIFE OFFICE. of Sale, Posters, &c., printed by Yates & Alexander, FOUNDED A.D. 1845.

DAMPHLETS, Books, Newspapers, Circulars, Rules The Report of the Directors, just presented to the Proprietore, states

1 and Regulations of Societies printed by Yates & Alexander. that since the last valuation the Fands had been increased by upwards PROSPECTUSES of Public Companies, Memoof $120,000.

randa and Articles of Association, Share Certificates, Receipts, ENDOWMENTS and ANNUITIES granted on libera lterms.

Notices, &c., printed by Yates & Alexander, 27, Chancery-lane. ASSURANCES adapted to all circumstances and climates. Copies of the Report and Balance-sheets can be had on application

DISCOUNT for Cash allowed by Yates & Alexander, to H. D. DAVENPORT, Secretary.

Lonsdale Buildings, 27, Chancery-lane.

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Southampton Buildings, Chancery Lane. Current Accounts opened according to the usual practice of other Bankers, and Interest allowed on the minimum monthly balances when not drawn below £25. No commission charged for keeping Accounts. The Bank also receivesmoney on Deposit at Three per cent. Interest, repayable on demand. The Bank undertakes for its Customers, free of charge, the custody of Deeds, writings, and other Securities and Valuables; the collection of Bills of Exchange, Dividends, and Coupons; and the purchase and sale of Stocks and Shares. Letters of Credit and Circular Notes issued. A Pamphlet, with full particulars, on application.

FRANCIS RAVENSCROFT, Manager. 31st March, 1880.

This new Ink supplies the demand continually made but never before met, for a Red Ink which is uninjured by Steel or other Metallic Pens, Steel Pens left in this ink for months do not impair the beauty of its colour, nor are the Pens in the least corroded by it. The existing Red Inks rapidly destroy Steel Pens, and lose their red colour it used with other than Gold or Quill Pens. This new colour is a very rich scarlet red of great beauty. The colour of this ink is not affected by use upon parchment, and is consequently of great value to Solicitors and Draughtemen.

Sold in stone bottles, retail at ls., 2 s., 3!; and Imperial Quarts of 41 ounces at 6s. each. Also in glass bottles at 6d. and ls. each.

The Companies Acts, 1862 to 1879.

Every requisite onder the above Acts supplied on the shortest notice



(OPPOSITE THE PRUDENTIAL INSURANCE COMPANY). First-class Luncheon Bar for gentlemen in the neighbourbood. Pablio and Private Dining Rooms. Dinners for 3s. 60., 48, 6d., 5s, 6d,, 73. 60., and 10s. 6. Will be served in the Private Dining Rooms; no extra charge for room or pianoforte. Choicest Wines, Beer, and Spirits. Proprietors, DOBER BROTHERS.

The BOOKS and FORMS kept in stock for immediate asa MEMORANDA and ARTICLES OF ASSOCIATION gpeedily printed in the proper form for registration and distribution. SHARE CERTIFICATES, DEBENTURES, &c., engraved and printed. OFFICIAL BEALS designed and executed.

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NLASGOW and the HIGHLANDS.-Royal Route,

(7 via Crinan and Caledonian Canals, by new swift steamer COLUMBA or the IONA, from Bridge Wharf, Glasgow, daily at 7 a.m., and from Greenock at 9 a.m., conveying Passengers for Oban, North and West Highlands. Official Guide Book 2d., Illus. trated Copy 6d.-Bill, with map and tourist fares free, at Messrs. CHATTO & WINDIS, Publishers, 214, Piccadilly, London, or by post free from DAVID MacBRAYXE, 119, Hope-street, Glasgow.

Stationers, Printers, Engravers, Registration Agents, &c.,
49, FLEET-STREET, LONDON, E.C. (corner of Serjeants

Annual and nther Returns Sta:nped and Fled.

{ didate knows of, and permits, the co-operation of a local

political association a presumption arises that the members of the association are his agents. On the other

hand, in the Windsor case (2 O'M. & H. 88), Mr. Baron LONDON, JULY 3, 1880.

Bramwell held that a member of a committee which had been formed for the express purpose of promoting the election of the respondent was not necessarily his agent.

“If," he said, “we were to hold this man to be an agent, CONTENTS.

it would make the law of agency, as applicable to can. CURRENT TOPICS:

didates, positively hateful and ludicrous.” And in the Mr. Justice Denman ......

............... 603

Westminster case (2 O'M. & H. 66) Mr. Baron Martin The Vacation Judges ....

663 The Court of Appeal ....


refused to consider as the agent of the respondent a Local Political Associations as Agents for Candidates at Par member of a political society, the funds of which were liamentary Elections ....

663 Fusion .............


largely furnished by the respondent, and were spent in The Orton Case......


canvassing persons to vote for him. In this case, The Leases Bill .............

661 The Chancery Paymaster ......

however, there was


evidence that the LEADERS:

tion was an agency independent of the candidate, Plans Annexed to Particulars of Sale ...

665 and acting on its own behalf. In the recent A Man and his Name ......



Westbury case, decided last month, Mr. Justice Lush REVIEWS ......

668 and Mr. Justice Manisty took the same view. In that GENERAL CORESPONDENCE

669 case the political association had an office of its own CASES OP THE WEEK :Jackson, Ex parte .....

670 distinct from that of the candidate, and there was no Baker v. Baker, Wheeler, and Owen ....


interchange of information between them, beyond an Secretary of State for War, The, v. Chubb ......

671 Henderson v. Ruy ........


occasional inquiry to know how matters were going on; Guardian Fire and Life Assurance Company v. Guardian and there was no communication between the candidate General Insurance Company (Limited) .........


and his agents and the association, and each party Lamplough v. Beedzler.........

............... 672 Stewart v. Stewart .............................

672 acted independently of the other in furtherance of their Willmott v. Barber ..

672 common purpose. The judges held that no member of Commissioners of the Exhibition of 1851, The, v, The Royal Horticultural Society ...


the association was, as such, an agent for the respondent SOCIETIES ...........

673 for any purpose in connection with the election. In the OBITUARY .......


Bewdley case, on the contrary, the political association APPOINTMENTS .....

.............. 674 COMPANIES ................................................... 675

was shown to be in intimate relations with the agents of SOLICITORS' CASES ....

the candidate, exchanging information as to the canELECTION PETITIONS ......................................... 675 CREDITORS' CLAIMS.....

..... 677

vassing of voters and the conduct of the election; and the LEGISLATION OF THE WEEK .....

... 677 judges held that under these circumstances the members COURT PAPERS ....


of the asssociation were agents of the candidate. The LONDON GAZETTES, &C., &c....


lesson for a candidate appears to be to let the political

association advocate his cause, canvass for him and do CASES REPORTED IN TAE WEEKLY REPORTER. its best to secure his return, but to take care that all this Hallett's Estate, In re, Knatchbull v. Hallett, Cotterill v. Hal work is done independently of the candidate and without lett (App.) .... "

...... 732

communication with his agents. Julius v. The Bishop of Oxford and another (HL) ..

726 Mason, E.x parte, In re White (App.) ..

749 Strelley v. Pearson (Ch.Div. Fry, J.) ...... Worthington & Co.'s Trade-mark, In re (App.) ....

... 747

IT IS NOT VERY CLEAR how the judicial arrangements

of this country are arrived at, but we should suppose CURRENT TOPICS.

that they are the result partly of the general control exercised by the Lord Chancellor and partly of the

judges' own views. It is impossible to help wondering Mr. JUSTICE DENMAN, who is to take the work of Mr.

how such an extraordinary arrangement can have been Justice Fry's court during the absence of the latter

made as that by which Mr. Justice Fry goes circuit and learned judge on circuit, will not sit before Monday,

Mr. Justice Denman is to act as a chamberless ViceJuly 5.

Chancellor. It has at various times been put forward as the correct theory on the subject that every

judge ought to administer all branches of the law, and The VACATION Judges this year will be Mr. Baron

it is suggested that otherwise the coherence and unity Pollock and Lord Coleridge. The former will undertake

of the whole system of law which is so desirable cannot the first half of the Long Vacation, and the latter the i be preserved. There is some truth in this theory, but second half. Regulations as to the course of the vaca it seems more than doubtful how far it is applicable tion business will be issued shortly.

to courts of first instance, at any rate in a country

where, as in England, the other system has long preTHE COURT OF APPEAL at Lincoln's-inn has risen for a !

vailed. It would seem sufficient at present that in the few days' interval, and will resume its sittings on

courts of appeal, where there is more time for argument Tuesday next. As the Westminster division of the

and investigation, the judges should apply themselves court will not sit again till after the Long Vacation, the

to all branches indiscriminately. This would tend to court at Lincoln's-inn, besides hearing chancery appeals,

prevent that divergence which is so much objected will hear interlocutory appeals from all the Divisions.

to. But in a court of first instance, where a great deal of business has to be rapidly transacted, requir

ing familiarity with matters of practice and the NOW THAT SO MUCH ELECTIONEERING is done by local administrative machinery of the particular branch, political associations, it becomes important for candidates it seems eminently desirable that the judge whose to ascertain how far they may be made responsible for practice has been specially conversant with the matters the acts of the members of these bcdies; and the decision in hand should be employed. To strike the just on Tuesday on the Bewdley petition will not tend to balance between the advantages secured by the great diminish the desire for information on this matter. The principle of the division of labour and the narrowness views of the judges have not always been consistent. which its excessive application entails, is a problem In the Taunton case (1 O'M. & H. 181), Mr. Justice which arises not only in law but in respect of many Blackburn seemed to lay down the rule that where a can- | other matters. A man who got his cook to drive his

.... 752

carriage and his coachman to cook the dinner would be whether they really anticipated two cumulative periods generally considered to have gone too far in his apprecia- of transportation. We confess to thinking that the tion of the advantages of versatility. At least, while he point upon the words of the statute presents a little was living in the transition period, before his coachman more difficulty than the court appeared to find in it. had got the requisite familiarity with the use of saucepans, and the cook with the management of the ribbons, we are disposed to think that few of his friends would

A LETTER from Mr. Addison on the Leases Bill, which accept his invitations to dinner, or be disposed to have a will be found in another column, states very clearly con. lift in his carriage. We cannot help thinking that there clusions deserving great respect, as being derived from is a certain recklessness of the interests of individuals in wide practical experience. There are only two points on the application of this desire for fusion which sends which we differ from our correspondent. He objects to Vice-Chancellors to try murders, and puts common the clause in Lord Cairns' Bill requiring the landlord to lawyers to deal with questions about marriage settle give notice before exercising his right of re-entry, ob ments and administration suits. It may be that in con the ground that there are cases where summary enforcesequence years hence some theoretical excellence may be

ment of rights is very important to a lessor. This is a . attained; but miscarriages of justice which wreck indi. | good argument against interfering in any way with the viduals' lives and fortunes are perhaps a heavy price to operation of the proviso for re-entry, but it does not pay for the advantages secured.

seem difficult to modify Lord Cairns' clause so as to render it even less liable to this objection than the

remedy which Mr. Addison advocates. As it stands the THE COURT OF APPEAL seems to have felt little difficulty clause appears to us to be too sweeping, and the operation last week in disposing of the writ of error in the case of of the provision as to the breach being remedied or The Queen v. Orton, alias Castro. The substantial compensation paid by the tenant within a reasonablepoint involved in the case was the question as to the time, ought to be expressly made contingent on the power to impose a sentence to commence at the expira. | breach being one capable of remedy, or being a reasontion of another sentence in cases of misdemeanour. This able subject for compensation, having regard to the was, however, decided long ago by Wilkes' case, which interests of the landlord. So limited we do not see that has been followed ever since. The distinction taken was the clause would be open to Mr. Addison's objection. that in Wilkes' case there had been two indictments, If the operation of the whole measure were limited whereas in the present case there were two counts for

to leases not at rack rent, we are disposed to different misdemeanours included in one indictment.

think that no such limitation would be required. This distinction seems to derive most of its force from The other point on which we differ from Mr. Addison is the words of the statute which imposes the punishment on

as to this limitation of relief to leases not at rack rent. perjury, though the argument to be derived from the words Whether this limitation is inserted in the Bill or not, hardly seems to have been fully brought forward. The there can be little doubt that if the Bill becomes law the words are, “ It shall be lawful for the court before whom judges in general will be unable to discover in the case of any person shall be convicted of perjury to order such forfeiture of leases at rack rent any substantial hardship person to be transported beyond seas for a term not calling for relief, and so the operation of the measure exceeding seven years, and thereupon judgment shall be will be practically restricted to leases not at rack rent. given that the person convicted shall be transported But by not inserting the provision in the Bill, encourage. accordingly over and besides such punishment as shall ment is given to applications to the court by lessees at be adjudged to be inflicted on such person agreeably to rack rent; scope is afforded for the practical application the laws now in being." Now, it does not seem to us

of the views of eccentric judges, or judges who may have altogether absurd to contend that, under these words, strong opinions against forfeiture; and lessees at rack rent there can be only one sentence on one conviction, and that are tempted by the chance of relief against forfeiture to there can only be one conviction for this purpose at one

looseness in the performance of the obligations they have and the same trial. We do not say that this

entered into. As to Mr. Addison's point that a lease would be according to the reason of the thing, but originally at rack rent may become valuable, we imagine criminal statutes are to be construed strictly, and it

that it will be for the judge to say whether the lease may be that the Legislature have not used words which

with reference to which the application for relief is made clearly enough point to that which would be the reason of is or is not at that time a lease not at a rack rent. We the thing-viz., that a man being tried simultaneously for are disposed to agree with Mr. Addison that it is a. two misdemeanours may receive a separate punishment for

mistake to exclude from the operation of Lord Cairns' each. It may be answered, however, that, if Wilkes' cuse is Bill clauses prohibiting assignments without licence. right, there might be two cumulative sentences of trans There is no doubt that a good deal of extortion is pralportation on different indictments; and, if so, it is tised with reference to these licences, and power should absurd that there should be any difference merely be

be given to the court to settle reasonable terms in cases cause the offences were made the subject of one trial

where it is right that assignment should be allowed. instead of two. The court, in the recent case, ridiculed the argument that the sentence was bad because it did not inflict the common law punishment of imprisonment A CORRESPONDENT encloses to us a copy of a letter in addition to penal servitude; but when it is considered which he has addressed to the Lord Chancellor with that the seven years' transportation was to be in addition reference to the delays in the office of the Chancery Pay. to such punishment, one doubts whether it could have master. He says :been contemplated by the Legislature that there should

"If I send my pasa-book to my bankers to be made be two periods of transportation additional to two

up, I can always get it the next day, or at the common law imprisonments. How are these to be farthest in two days' time. In the case of the Paymasterarranged ? Could the prisoner be imprisoned for a General in Chancery I have left a transcript of account month and then transported, and then brought back somewhere abont five weeks to have a few entries posted, again and imprisoned for another month, and then My managing clerk informs me that in answer to repeated transported again ? This, of course, would be absurd. inquiries he is told, 'It is not a bit of use sending; you Could the sentences then be so dovetailed into one

must wait patiently.' another that the two periods of imprisonment should

I have had anything to do I have experienced the same both take place before the double period of transporta preposterous delays in this branch of the offices.” tion ? These are matters of form, no doubt, but they lead one to doubt whether the case was present to the delay in the Chancery Paymaster's Office is but too well

Most practitioners can testify that the complaint of minds of the Legislature when passing the statute, and founded, and that for years past the progress of business

In every case with which


in that office has been unsatisfactory. At the same time it should be borne in mind that the fault in a great PLANS ANNEXED TO PARTICULARS OF measure lies at the door of the Treasury. The office is

SALE. undermanned, and the fact has been repeatedly brought to the notice of the authorities, but hitherto without The lesson of the recent case of In re Arnold, Arnold result.

v. Arnold (28 W. R. 635) is that vendors' solicitors The Paymaster has this week received a reprimand should look very carefully to the plans which are somein open court from the Master of the Rolls for his times annexed to the particulars of sale. “In connon-acceptance of the recent allotment of London and sidering what the particulars of sale are,” said Baggallay, North-Western Railway Stock in respect of the several L.J., “it is, in my opinion, impossible to exclude the sums of the stock of that railway standing in his plan which is attached to them, and which, as everyname. We must say that, although we have no great body knows, purchasers are as much guided by as by the affection for the Chancery Paymaster, we think the printed portions of the

particulars.” This is, of course, observations of the learned Master of the Rolls were made no

new doctrine. In Weston v. Bird (2 W. R. 145), the without due consideration. The Chancery Paymaster particulars of a house were accompanied by a plan which is not entitled to deal in any way with the funds under contained an outline of a piece of common in the his control except in pursuance of an order of court. occupation of the vendor. The particulars did not, in He has no knowledge whatever as to the rights of the any way, refer to this piece of common; bat the parties to an action, and has no means of knowing who defendant, who purchased under these particulars, may be entitled to require his acceptance of the newly alleged that he had been led by the plan to suppose that allotted stock. Besides this, it must be remembered the piece of common was included in the purchase. that the acceptance of the stock necessitates payment Vice-Chancellor Kindersley declined to enforce specific being made in respect of it. Where is the money for this performance. “A prudent and a cautious man," he purpose to come from ? Without the order of the court said, “entertaining a doubt, would havo inquired the Paymaster cannot obtain this money, and he cannot further.”; but it was impossible to say that the particube expected to incur a personal liability to pay for a

lars and conditions “representing the thing to be sold large amount of railway stock which he would not know

to the public, might not lead persons to the conclusion what to do with. In cases where stock has been a re

that the strip of land was comprised " in the sale, deemable stock, such as the old East India Ten per Cents., "although it was probable that some might not think there is good reason why the court should make a general order directing the Chancery Paymaster to accept

In this case there was an actual representation on the the substituted stock. But a “ general order” could plan of certain land as being part of the premises to be not be made universally applicable in such a case as the sold. But a plan may also mislead by omission. Thus recent allotment of fresh railway stock, and the cir.

in Denny v. Hancock (19 W. R. 54, L. R. 6 Ch. 1), the cumstances of each case must guide the court in its plan annexed to particulars of sale of a house and directions with respect to the stock allotted.

grounds showed at the western side a strip of ground covered with shrubs or trees, but did not show three large clm trees which constituted a material element in

the value of the property as a residence. The intending In the case before the Birmingham County Court, re purchaser went to look at the property, with the plan in ported ante, p. 633, in which an objection was taken to the his hand, and found on the western side a belt of shrubs certificate of registration of a bill of sale, on the ground that bounded on the west by an iron fence and including the there was no commissioner in existence named “Edward three trees. After he had bought the property he disB.,” by whom it purported to be signed, it was explained covered that the real boundary was not the iron fence, on the further hearing, on the 23rd inst., that it was a but a row of stumps which were concealed in the shrub. clerical omission on the part of a person in the Bill of bery. The court held that the plan was calculated to Sale Office. The signature was originally written in full, deceive the purchaser, and refused to enforce specific and the objection was met by the production of a performance. According to Lord Justice Mellish, in his corrected office copy.

judgment in this case, where there is on the property to In the recent cases of Lucas V. Cooke, before Mr. be sold an apparent visible boundary distinct from an Justice 'ry (28 W. R. 439), and Dicks v. Brooks, almost invisible real boundary, it is necessary to show before the Court of Appeal, it was held that in an on the plan the relative situations of the real and action for infringement of copyright in an engraving apparent boundaries. taken from a painting, the burden lay upon the plaintiff In Boscomb v. Beckwith (L. R. 8 Eq. 100), upon of proving that the picture, of which complaint was the plan annexed to particulars of sale the different made, was in fact pirated from the engraving of which lots were coloured, and the land belonging to adjointhe plaintiff was the owner, and was not taken from the ing owners was left uncoloured and marked with original painting or from an engraving made by a differ- their names. A piece of land reserved by the vendor ent artist. The Tribunal of Commerce of the French was left uncoloured, but was not marked with his name, Department of the Seine has just decided in the same The estate was sold subject to conditions providing that way in an action brought against a French firm of no public-house should be built and no trade carried on publishers, who had brought out one of the well-known upon the property. The late Master of the Rolls refused tales of M. Jules Verne--L'Ile Mystérieuse--and had to compel a purchaser of one of the plots to complete his assigned to the plaintiffs the right of translation into purchase unless the vendor would enter into restrictive and publication in Spanish, with the original plates. covenants as to the excepted piece of land. “Another The plaintiffs, failing to show any exclusive assignment circumstance," he said, "which has great weight with to them of the right of publication, fell back upon an me is the fact that in the plan nothing in the shape of allegation that the engravings embellisbing the Spanish colour, or of the name of the proprietor, appears on this edition complained of were furnished by the defendants to unsold plot to mark that it was part of the estate bethe publishers of that edition ; but the plaintiffs failed to longing to the vendor. [The auctioneers) state that it discharge the burden of proof which the court held to is a frequent occurrence to reserve a few plots on the rest upon them in this respect, or to show either that the sale of a building estate, in order that they may be free engravings were taken from the original blocks, or had from the building covenants, and that it is not the usual been supplied by the defendants, and they consequently practice of surveyors to mark the name of the vendor on failed. It would be rather too much if, in cases of every piece reserved from a sale. Strictly and literally alleged infringement of artistic copyright the plaintiff I have no doubt of the truth of this evidence, but I have were to be entitled to assume in his own favour the fact no evidence before me, nor do I remember ever to have of infringement on which the case principally turned. seen a case establishing the practice, that when the

vendor professes to print the names of the adjoining proprietors, he omits to print his own name on an ad

A MAN AND AIS NAME. joining plot, or to point out by the colour that it covers part of the estate belonging to the vendor, though not

IV. inciuded in the sale."

Among the rights which a man has in respect of his Now in all these cases, it will be observed that if the name, not the least is the right to use it as describing purchaser, in the exercise of ordinary prudence, had asked his business, or indicating the produce of his manua question or two he would have avoided all misappre- facturing industry and ability; and the mere fact that hension. But the court, in considering whether it will that there is another manufacturer of the same name enforce specific performance, does not consider whether before him in the market does not deprive him the plan is likely to deceive a cautious purchaser; if it of the right so to use his name (see Burgess v. is calculated to mislead any purchaser, the court will Burgess, 3 De G. M. & G. 896; Ainsworth 5. withhold its assistance.

Walmsley, 14 W. R. 363, L. R. 1 Eq. 518). But the In In re Arnold, in the court below, the present Mas- limitation must not be forgotten-viz., that the second ter of the Rolls seems to have dissented from this view. person to use the name must not use his name with such According to the particulars one of the parcels of a farm, additions or in such a manner as to cause his business or No. 490a., contained about four acres, but a plan was goods to be mistaken for another’s. “Where a person," annexed to the particulars, upon which 490a., as coloured, says Lord Justice Turner, in Burgess v. Burgess, " is appeared to contain about seven acres. As a matter of selling goods under a particular name, and another fact the vendor was only entitled to four undivided person, not having that name, is using it, it may be sevenths of 490a. The Master of the Rolls said there presumed that he so uses it to represent the goods had been a mistake in the particulars, " a mistake which sold by himself as the goods of the person whose ought not to have misled a careful or prudent purchaser. name he uses; but where the defendant sells goods

• A very careful purchaser would have said, 'I am getting under his own name, and it happens that the plainonly four acresoutof Bottlesey Green, 490a., which contains tiff has the same name, it does not follow that the seven acres, and he would say, How am I only to get four defendant is selling his goods as the goods of the plainacres ? . . . Then hewould have been told, We do not sell tiff. It is a question of evidence in each case whether you any four acres, but four undivided sevenths; you there is false representation or not." From this it will get four acres on partition. That is the only mistake follows that a person whose name is the same as that of in the particulars." In other words, according to the

well-known manufacturer has an advantage in Master of the Rolls, a purchaser ought to be put on his this respect, that the mere fact of his using the wellinquiry by such a difference between the particulars and known name is not of itself sufficient to convict him of the plan. But the Court of Appeal promptly disavowed fraud. There must be something more; the burden of this doctrine. Lord Justice James said that if a man proof is shifted on to the plaintiff, and he must shor makes a thing calculated to mislead, it is not well for him

that intention to deceive which otherwise would proto say, If you had been very careful, you would have bably be presumed. However, from the principle of found out the blunder. If the vendor did not mean to the decision in Orr Ewing v. Johnston (27 W. R. 575, deceive, he must have overlooked the inconsistency between 28 1b. 330, L. R. 13 Ch. D. 434), it appears that, if the the plan and the particulars, although he or his agents use of the name is of itself calculated to produce decep. prepared and corrected these documents; how then could tion, the second person to use the name would act wisely he say to the purchaser, “ You ought to have found out for in taking active steps to remove the probability of decep. us the very blunder which we never found out for our. tion, and should not be content with merely refraining selves "? And Lord Justice Bramwell laid it down from actually fraudulent conduct. At all events, “it is a distinctly that "it would be monstrous to make Mr. question of evidence in each case whether there is false Borrett (the purchaser) take this estate without giving

representation or not," and wherever there is a resemhim the whole of 490a."-i.e., the whole seven acres as

blance in the manner in which the two manufacturers shown on the plan. This seems to mean that if there use the name, though not an absolute identity, the is a plan annexed to the particulars, and differing from

observations of Lord Hatherley in Taylor v. Taylor (? them, the purchaser may, if he chooses, shut his eyes to Eq. Rep. 290) clearly indicate the course which the the particulars and rely upon the plan.

court will take. “In every case," he says, "the court It is reasonable that a vendor of land in lots for the must ascertain whether the differences are made bonâ "purpose of building who accompanies his particulars and fide in order to distinguish the one article from the conditions with a map showing the intended division of other, whether the resemblances and the differences are the property by new roads, should be held to thereby such as naturally arise from the necessity of the case, represent that the lots, if sold and divided at all, will be so or whether, on the other hand, the differences are divided; and it will not be competent for him to divide the simply colourable, and the resemblances are such as are land in a different manner so as to attract an occupancy obviously intended to deceive the purchaser of the one entirely different from that which would have been article into the belief of its being the manufacture of produced by acting on the plan annexed to the particu- another person. Resemblance is a circumstance which it lars (Peacock v. Penson, 11 Beav. 355). But the mere

is of primary importance for the court to consider, beindication on the sale plan of intended roads on adjacent

cause if the court finds, as it almost invariably does land will not bind the vendor to make such roads (Heriot's find in such cases as this

, that there is no reason for the Hospital v. Gibson, 2 Dow. 301; Squire v. Campbell, 1 resemblance, except for the purpose of misleading, it My. & Cr. 459; Nursev. Lord Seymour, 13 Beav. 269); will infer that the resemblance is adopted for the purnor can the purchaser under particulars having such a pose of misleading." plan annexed, claim a right of way over such roads, Acting in accordance with the law here laid down, an except over the road adjoining his lot, and thence injunction was granted in Rodgers v. Nowill (5 C. B. directly to the nearest highway (Randall v. Hill, 4 De 109, 6 Hare, 325)—"Rodgers' cutlery"—to restrain the G. & S. 343).

use of a name which the defendants claimed as their own Where a sale plan accurately delineates the property, firm name, a jury having found that they had acted with it is merely tantamount to a view of the property; hence, the intention and result of deception; and a defendant, if it correctly appears upon the plan that one lot is sup who afterwards committed a breach of the injunction, plied with water by a drain leading from a well in another lot, the plan will not be held to amount to an approved by the

court within a week (3 De G. M. & G.

was ordered to be committed unless he adopted a mark engagement by the vendor that a right to water shall be 614). So, in Holloway v. Holloway (13 Beav. 209) reserved in the conveyance of the lot on which the well “Holloway's pills" - Lord Langdale restrained the de is situate (Forster v. Turner, 6 Jur. 144).

fendant from using his name upon pills and ointment so

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