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SCHWEITZER'S COCOATINA,

Ward, John, Dawley, Salop, Chartermaster. March 31 at 3 at offices | AMPTON & SONS make NO CHARGE for of Young, Market st, Wellington. Phillips and Co, Shifnal

inserting particulars in their FREE MONTHLY REGISTER Wear, John Bolton, Bradford, York, Painter. March 25 at 3

of ESTATES, TOWN and COUNTRY HOUSES, Furnished or offices of Greaves and Taylor, Cheapside, Bradford

Unfurnished, or for Sale, to be had GRATIS at their Offices, or Welch, Henry, Nantwich, Chester, Coach Builder. March 29 at 2 at

post-free for two stamps. Published on the 1st of the month, and offices of Lisle, Nantwich

's for insertion should be sent not later than five days White, John, Everton, Loncaster, Estate Agent. March 28 at 2 at

previous to end of preceding month. offices of Forshaw and Hawkins, Harrington st, Liverpool

Valuations for Probate and Transfer. Surveys. Whitethread, John, East Keal, Lincoln, Blacksmith. March 28 at 3 at offices of Hammond, Spilsby

Estate and Auction Offices, 8, Pall Mall East, S.W. Wright, William, Rothwell, York, Wheelwright. March 28 at 3 at II AW.-METROPOLITAN BUARD of WORKS.

offices of Tennant and Barret, Albion st, Leeds Yates, James, Eaton, nr Congleton, Farmer. March 28 at 11 at offices

U The services of a thoroughly experienced Solicitor are re

quired for the assistance of the chief Legal Officer of the Metroof Cooper, Park st, Congleton

politan Board of Works.

The applicant must be qualified to conduct without supervision the general practice of a Solicitor, and especially heavy business in

the Chancery and Common Law Divisions of the High Court of Anti-Dyspeptic Cocoa or Chocolate Powder.

Justice, and he must have been practically engaged in such business Guaranteed Pure Soluble Cocoa of the Finest Quality, with the in London for the last six years. It would be a further qualification excess of fat extracted.

if the candidate has some experience as a Solicitor in the conduct The Faculty pronounce it “the most nutritions, perfectly digestible of Private Bill business in the Committee Rooms of the Houses of beverage for Breakfast, Luncheon, or Supper, and invaluable for Parliament. The candidate should be not less than 28 and not more Irvalids and Children."

than 42 years of age. Salary not exceeding £600 per annum. Highly commended by the entire Medica IPress.

Letters, stating age, experience, and qualifications, to be ad. Bring without sugar, spice, or other admixture, it suits all pelates, dressed to the undersigned on or before the 31st day of March Keeps better in all climates, and is four times the strength of cocoas

instant. -HICKENED yet WBAKENED with starch, &c., and IN REALITY CHEAPER

J. E. WAKEFIELD, Clerk of the Board. cban such Mixtures.

Metropolitan Board of Works, Spring-gardens, Made instantaneously with boiling water, a teaspoonful to a Break. Charing-cross, S.W., March 17, 1881. _ tast Cap, costing less than a halfpenny.

I AW.- Wanted, Partnership or Managing ClerkCOCOATINA A LA VANILLE is the most delicate, digestible, cheapest

U ship, with a view to Partnership. (B.A. Oxon.)--Address, anilla Chocolate, and may be taken when richer chocolate is probited.

| J.A.C.T., 31, Bedford-row. n tin packets at 1s. 60., 38., 58. 6d., &c., by Chemists and Grocers, T AW.-Clerk Wanted in the Office of the Examiner Charities on Special Terms by the Sole Proprietors,

1 of Criminal Law Accounts. Age 20—30.-Further particulars H. SCHWEITZER & CO., 10, Adam-street, London, w.C. may be obtained on application to the SECRETARY, Civil Service

Commission, London, S.W.
EDE AND SON

I AW.-Conveyancing.-A Gentleman, thoroughly

U conversant with, and able to conduct without Supervision, desires a Re-engagement as Managing Clerk.-Address, Mr. W.,

care of G. Reader, Esq., 23, Holborn-viaduct. BY SPECIAL APPOINTMENT,

À SOLICITOR, who has been for nearly Three To Her Majesty, the Lord Chancellor, the Whole i ho Judicial Bench A years a Managing Chancery Clerk in one of the largest Corporation of London, &c.

London offices, and having a good knowledge of Conveyancing and SOLICITORS' AND REGISTRARS' QOWNS. General Practice, wishes to meet with a Partnership in town or BARRISTERS' AND QUEEN'S COUNSEL'S DITTO,

country.-SIGMA, Reynell & Son, 14, Chancery-lane. CORPORATION ROBES UNIVERSITY L CLERGY GOWNS,

W ANTED, in a West-end Solicitor's Office, a

V Chancery and Common Law Clerk, thoroughly experiESTABLISHED 1689.

enced, without supervision.--Address, stating salary, F., at Brown's 94. CHANCERY LANE, LONDON.

Advertising Office, 4, Little George-street, Westminster.

ROBE

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lesref G. Reader, Esql:' cho has been

one of the larges

THE LEGAL, MEDICAL, AND GENERAL STORES

(LIMITED).
Established upon the principle of Co-operation, for Members of the Legal and Medical Professions,

their Families, Connections, and Friends.
OFFICES AND STORES—-24, HAYMARKET, LONDON, S.W.

Capital, £100,000, in Shares of £2 each. First Issue, 25,000 Shares, to be paid

in full on Allotment.

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ANALYST-Professor W. H. CORFIELD, M.A., M.D. (Oxon), 10, Bolton-row, Mayfair, W.
BANKERS-Messrs. RANSOM, BOUVERIE, & CO., 1, Pall-mall East, s.w.

DEPARTMENTS NOW OPEN.
WINES and SPIRITS.
BAGS, PORTMANTEAUX, &c.

SILVER and ELECTRO PLATE.
GROCERY and PROVISIONS.
BROOMS, MATS, &c.

IRONMONGERY.
TOBACCO, CIGARS, &c.
CUTLERY.

STATIONERY and FANCY GOODS.

DRUGS and MEDICAL SUNDRIES. With a view to immediately commencing business in the Surgical Instrument, Medical and Surgical Sundries, and other Departments, he

Directors are prepared to receive applications for TWO THOUSAND FIVE HUNDRED SHARES AT PAR, reserving to themselves the power of issuing any further Shares at a premium.

ADVANTAGES TO SHAREHOLDERS. After paying interest to Shareholders half-yearly at the rate of five per cent., and apportioning a sufficient sum to the reserve fund, the WHOLE of the SURPLUS PROFITS will be DIVIDED ANNUALLY among the Shareholders.

Each Shareholder will be a Life Member, and have the privilege of nominating, for every Ten Shares subscribed, one Life Member free of subscription, and also be entitled to nominate eligible Life Members and Annual Ticket-holders, on the usual terms of payment.

Shareholders residing within the London Postal District have all purchases of goods from the Stores, of the value of ten shillings and upwards, DELIVERED FREE DAILY. Country Shareholders have purchases of goods from the Stores, when of the value of two pounds and upwards, delivered free at any railway station within one hundred miles of the Stores : and when of the value of five pounds and upwards, at any railway station in England or Wales. For Shareholders in Scotland and Ireland special advantageous terms are made.

Applications for Shares may be made by letter to the Secretary, giying full name and address. The following figures will show the enormous profits realised on Civil Service Co-operative Society original Shares of £2 each are an early investment in Co-operative Societies :

now worth fully £50. Civil Service Supply Association original Shares, 10s. paid up, Army and Navy Co-operative Society original Shares of £l eacli are now selling at £55 each,

are now selling at £5 and upwards. The number of purchasers at these Stores is greatly on the increase, and the Directors have the gratification of announcing that since commencing business in September last, the Wines, Grocery, and other goods sold have given general satisfaction,

LONDON, MARCH 26, 1881.

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carried out. All the causes and matters temporarily transferred to the latter learned judge by the order of the 2nd of March, and all causes and matters since

marked for Vice-Chancellor MALINS, are transferred to CONTENTS,

Mr. Justice Fry, and are to be marked with his name. CURRENT TOPICS .....

383 LIABILITY FOR THE ACTS OF ANIMALS

385 THE CONVEYANCING BILL .......

386 THE ROOMS in the Royal Courts of Justice allotted to REVIEWS ..................................

387 CORRESPOX DEXCE

389

the Chief Clerks of the Master of the Rolls are underNEW ORDERS ...............

389 stood to have been objected to by his lordship, on the CASES OF THE WEEK :Ex parte Armitage

389

ground that they did not afford adequate accommodaEx parte Emmanuel ..

389

tion, and it is anticipated that other rooms in a different Ex parte Snowdon ....

391

part of the building will be set apart for this purpose. In re Ireland ......... Earl De La Warr y. Miles!..........

391 If so, the removal of the chambers of the Master of the Guebert'v. Moir....

392 Rolls will probably not take place till the Whitsun vacaRe Fenncott, Fenncott v. Prondfoot .....

392 Mellish v. Rose ........

tion.
Rosser v. The Pontypridd and Caerphilly Railway Company..
CASES BEFORE THE BANKRUPTCY REGISTRARS:
Ex parte Tilly, Re Weld...................

393 THE CENTRAL HALL of the Royal Courts of Justice is Re Slattery ..........

393 Re Dummere ....................................

391

now in a stage of considerable architectural interest. SOLICITORS' CASES

394 The placing in position of the vaulted stone roof is about LEGAL APPOINTMENTS ..

394

to be commenced ; the elaborate and massive scaffolding COMPANIES..

395 SOCIETIES..........................................

necessary for this purpose being in active progress. 395

As ....... OBITUARY........................

395 | all the stones for the vaulting are already prepared and CREDITORS' CLAIMS ...

396

marked, this almost unique roof is expected to be com. LEGISLATION OF THE WEEK........ LOXDON GAZETTES, &c., &c..........

......... 397

pleted in about three months.

391

392

392

397

413

CASES REPORTED IN THE WEEKLY REPORTER.
Bewicke v. Graham (App.) ....

436 · Carter v. James (Ch. Div. V.C.M.).

437 Cooper, In the Goods of (Prob. Div.) ...... Cooper v. Laroche (Ch.Div. V.C.M.) .........................

438 “ Craigs,” The (Adm. Div.)

416 Danford v. McAnulty (App.) ... Durrant v. Ecclesiastical Commissioners for England and Wales (Ex. Div.) ......

....................... 413 Fuller, Ex parte. In re Long (Bkcy.) ......

418 Gathercole v. Smith (App.) ...

...................... 434 Goffin v. Donelly (Q.B. Div.) ...... ........................ 410

410 Halpin (otherwise Boddington) v. Boddington (Div. Div.)...... Hastings v. Hurley (Ch.Div. Fry, J.) ......

440 Lacey, Mary Geraldine, In re, an Infant (C.P.Div.) ........ Payne v. Fern (Q.B.Div.) ........

411 Queen, The, on the Prosecution of the Mayor, Aldermen, and

Burgesses of St. Helen's v. Gibbon and another, Justices of
Lancashire (Q.B.Div.) ......

.. 442 Queen, The v. The Mayor, Aldermen, and Burgesses of Exeter

(Q.B.Div.) .. Shearn, In the Goods of (Prob. Div.)..

445 Tennant, In re. Prosser v. Mossop (Fry,J., for V.C.M.)... 439 Watson v. Cave (App.)

433 Whiting, In re, to Loomes (App.) ..........

435

Mr. Justice Fry having succeeded to the whole of the causes and matters marked for Vice-Chancellor MALINS, in addition to those previously transferred to him, for hearing only, from other judges of the Chancery Division, some difficulty is understood to have arisen in arranging the business so as to reconcile the interests of the leaders hitherto attached to the courts of the ViceChancellor and the Justice. It is anticipated that the difficulty will be solved by the issue of a new ord er, when Mr. Justice Fry's successor has been appointed, transferring all causes and matters previously trans. ferred to Mr. Justice Fry for hearing only, and not already heard, to his successor.

442

CURRENT TOPICS.

* THERE IS NO FOUNDATION for the rumour that the Tacant judgeship in the Chancery Division was offered to Mr. Davey, Q.C.

IT IS IN CONTEMPLATION to place either in the Royal Courts of Justice or in some other appropriate building, a memorial to the late Sir WILLIAM ERLE, for many years Lord Chief Justice of the Common Pleas. The movement, we believe, had its origin in the desire of personal friends of the late judge to testify their regard for his memory; but it was found that very many members of the legal profession desired to take part in this expression of esteem for one of the noblest characters that ever lent dignity to the administration of justice. A committee, composed of the Lord Chancellor, several late and present occupants of the bench, and some distinguished members of the bar, was accordingly formed to receive and apply subscriptions. The form of the memorial will depend on the sum which may be subscribed, but we believe that the present intention is to provide a marble bust of the late Chief Justice.

Ox SATURDAY LAST Vice-Chancellor MALINS resigned his position as a judge of the High Court. His lordship will be followed into his retirement by many good wishes and kindly recollections.

IT IS UNDERSTOOD that it has been arranged among the Chancery Registrars that the registrar on the rota for attendance up to Easter on Vice-Chancellor Malins, will until that time attend the court of Mr. Justice Fry.

THE HISTORY of recent attempts at bankruptcy legis. lation is somewhat monotonous. Early in the session a big drum is beaten, and the commercial world wake up to hear the announcement that the bankruptcy stable is now going to be thoroughly cleansed. The Bill is introdnced; there is a little excitement among the Chambers of Commerce; perhaps a few

WE PRINT ELSEWHERE the Order by which the arrangements for the transfer of the chief clerks and causes of Vice-Chancellor MALINS to Mr. Justice FRY has been

deputations wait upon the Minister in charge of the able divergence of opinion upon several of the points. Bill, and then every one goes to sleep again till The ceremony was not quite so imposing as might have near the end of the session, when the “state of pub. been wished. Mr. Justice Fry's plain black gown lic business" inevitably calls for the sacrifice of the looked rather sombre beside his colleagues from the measure. If any one doubts the truth of this descrip- Queen's Bench Division, who appear to have followed the tion, let him look at the volumes of HANSARD for the last “solemn decree and rule” dated the 4th of June, 1635, five years. Since Lord Cairns introduced his Bank which provided (inter alia) that “when the judges go ruptcy Bill in the House of Lords in 1876 (which ex to the council-table, or to any assembly of the Lords in pired before it reached the stage of Committee) we have the afternoon in term time, they ought to go in their had a Government Bankruptcy Bill each year. In 1877 | robes of violet or black, faced with taffeta, ... and the Bill was introduced in the Lords; in 1878 it was in- with tippets and scarlet hoods pinned near the left troduced in the Commons, and in 1879 again in the shoulder.” Lord COLERIDGE, who temporarily occupied Lords ; but notwithstanding that in the course of the the Lord Chancellor's place on the woolsack, attended session everything was thrown overboard which could be as a peer, and not as a judge, and therefore appeared dispensed with, and the Bill was reduced to a mere in the frock-coat of domestic life. amendment of the existing Act, it failed to pass into law. In 1880 the Bill was cast on the troubled waters of the House of Commons; it struck on the rocks of a Select Committee, and sank with the Parliament.

THE SECOND CLAUSE of Mr. Davey's Leases Bill provides In the short session which followed the dissolution, that “where there is a proviso for re-entry or other stiputhe Government, as the Attorney-General said, “had lution by way of forfeiture for breach of any covenant or not had sufficient time to bring in a Bill on this subject.” engagement that any assignment or underlease shall be The customary announcement, however, was made at the prepared or made by or under the direction of the commencement of the present session, and the public were lessor

| lessor's solicitor, or any particular solicitor or person, no informed that a new department had taken charge of the effect shall be allowed or given to the proviso or stipulaBankruptcy Bill. Here we are, however, nearly at

tion. Provided that, in case of an assignment, notice Easter, with an Irish Land Bill hovering before us, and in writing is given to the lessor within three months there is no indication as yet of the appearance of Mr.

after the making of the assignment, specifying the name, CHAMBERLAIN's measure.

residence, and occupation of the assignee, and the date of the assignment." The necessity for some such provision as this to put an end to the charges levied

on the public for the benefit of clerks of city comThe PRESENT AGITATION for the election of ladies as

panies and others, may be gathered (if any evidence is guardians of the poor, and the recent deputation to Mr.

necessary) from some facts furnished by a correspondent DODSON upon that subject, have drawn attention to the

as having lately come under his notice. “In one case," question as to what public offices may be filled by women.

he says, "the lease contained the usual covenant that all As regards the office of guardians of unions, there appears

assignments and underleases should be prepared by the to be no express provision to exclude them, since the 4 & 5 Will. 4, c. 76, s. 38, simply provides that the guardians

persons specified. Upon an underlease taking place • shall all be elected by the ratepayers, and that the Poor

these persons were applied to to waive their right to Law Commissioners shall fix a qualification, without

prepare the underlease, and as the circumstances

were special they consented to do so which no “person ” shall be eligible, while by section

on re

ceiving £8 8s. for looking through the draft 109, “ person” includes “any body politic, corporate, or

underlease-a fine on the lessee from which, of collegiate, aggregate or sole, as well as any individual.

course, the lessors derived no benefit. Another case In Rex v. Stubbs (2 T. R.) the Court of King's Bench

was that of a lease by one of the city companies, held that a woman could be appointed an overseer of

which provided “ that all deeds and other writings and the poor if she was a “substantial householder" within the 43 Eliz. c. 2.

agreements, to be made at any time during the term Again, Olive v. Ingram (2 Strange, 1114) decided that a woman is capable of holding the

thereby granted, for or concerning the underletting, office of sexton, “there having been many cases where

settling, mortgaging, assigning, or disposing of the said offices of greater consequence have been held by women,

demised premises, or any part thereof, by the lessee, his

executors, administrators, and assigns, or their, or any and there being many women sextons now in London.” Among instances of these “ offices of greater conse

of their, estate, interest, or term of years therein, should quence" it appears that Lady PACKINGTON was returning

either be made, drawn, or written by the clerk of the officer for the borough of Aylesbury, while the Countess

said for the time being at the expense of the of PEMBROKE, as hereditary Sheriff of Westmoreland,

parties requiring the same, or if any such settlementy

mortgage, lease, or assignment of the said preraises, or sat on the bench beside the judges of assize. Again, in an Anonymous case (2 Lord Raym. 1014), the Court of

any part thereof, should be made by any other person Queen's Bench held that the appointment of a woman

than such clerk for the time being, then, and in such case,

the lessee, his executors, administrators, and assigns as governor of Chelmsford Gaol was good ; and it is stated in “Callis on Sewers"

should, from time to time, as the case should require, (4th ed.), 253, that

forfeit for the use of such clerk the full sum of £5 5s. of women are eligible to serve as Commissioners of Sewers.

lawful British money." The lease further required in this latter event a full abstract of any of the before

mentioned documents to be left with the clerk within A DREARY STAGE of the lengthened litigation in ten days of their execution ; and, in order that the Commissioners of Works and Public Buildings v. Angus architect should share in the profit, it provided that was reached on Thursday last week, when six out of unless the company's architect was employed, he sbould the seven learned judges who had heard the re-argu. | be entitled to a sum of several hundreds of pounds. ment of the case attended for the purpose of delivering Your readers will notice that in this latter case the their answers to the five questions propounded to them. I pretence that the company will derive any benefit from Unfortunately, the case was not fixed till two p.m., | the covenant is dropped, and it is frankly stated and the opinions were so long that those read last that the penalty is to be for the use of the clera. had to be delivered with extreme rapidity in order to In the third and last instance I shall mention prevent the meeting of the House for ordinary

le House for ordinary | a lease granted by a city company contained 4 business from being delayed. Some of the learned covenant worthy of the great Pecksniff himself in judges were scarcely audible, and it is impossible to disinterested tone. It ran as follows:-'And to the give the result of their deliberations until their opinions | intent that the said --might from time to time better have been printed, but there was a consider-) know the tenants or occupiers of the premises thereby

demised, that all and every underlease, or underleases, the barrel rolling, and it rolls out of the upper floor into assignment, or assignments, mortgage, or other transfer the street and damages somebody. Clearly there is of the said premises, or any part thereof (except only by i primâ facie evidence of negligence here. My action in will), should be made or prepared and engrossed by the leaving the barrel so placed that it could roll out was one clerk of the said company for the time being, or by his of the causes of the motion of the barrel. In the case of procurement, at the reasonable cost and expense of the the horse, the animal's motion when it bolts, as in the lessee, his executors, administrators, and assigns.'" case supposed, is entirely the result of its own volition ;

it is motion which is started by an entirely new and

incalculable factor. THE DECISION in the case of Guebert v. Moir, of which

Of course, there are cases where the question of a note will be found in another column. will be received negligence may arise, though the damage is the result of with some relief by solicitors. Vice-Chancellor Malins |

the volition of animals. If the known character of had held that a managing clerk had a general authority

the animal is such that mischief that arises may be to give a personal undertaking by his principal to pay

expected and foreseen, of course the duty of using a a sum of money as security for costs in an action. The

greater amount of precaution to prevent it may arise. A result of the affirmance by the Court of Appeal of this

man driving a vicious bull along a street, or letting a dog doctrine-which would in point of fact enable a managing

of known bad character be at large, cannot rely on the clerk to pledge his principal's credit to any extent in

fact that the damage was done by the animal suâ sponte. matters collateral to the conduct of actions—would have

So in the old case of Mitchil v. Alestree (1 Vent. 295), been very serious, but happily the court have decisively

where the defendant took an unbroken horse into rejected it, and have laid it down that, unless a

Lincoln's.idn-fields for the purpose of breaking the horse, managing clerk bas a special authority from his principal,

and the horse was so unruly that he broke from the dehe cannot bind his principal by a personal undertaking

fendant and ran over the plaintiff, the defendant was to pay a sum as security for costs.

held liable. The question will always arise in cases with regard to animals, whether there is any negligence in the

use of the animal for the purposes for, and under the THE FOLLOWING is a list of the new Queen's Counsel,

circumstances in, which it was used, having regard to

the character of the animal. This must be a matter of with their respective years of call to the bar :-Two

degree. As to the use of an unbroken horse in a crowded members of the Probate and Admiralty Bar-Mr. E. C.

public thoroughfare, there could be little doubt. If a CLARKSON, 1854, and Dr. T. H. TRISTRAM, 1855; two members of the Parliamentary. Bar—the Hon. E. CHAN

horse which, though broken, could be proved to be of a

very restive character, were taken into a similar place, DOS LEIGH, Hilary, 1859, and Mr. H. C. SAUNDERS,

a more doubtful question might arise. But with regard Easter, 1859; and one member of the North-Eastern Circuit- Mr. John FORBES, 1862.

to horses of ordinary temperament, constant experience shows that there is little danger from the use of them, and it is, therefore, a reasonable use of the highway to employ them for traffic. In the case of Manzoni v.

Douglas there was nothing to show that there was LIABILITY FOR THE ACTS OF anything peculiar about the character of the horse, as, ANIMALS.

for instance, that it had, within the knowledge of its

owner, bolted on previous occasions without any, or with The case of Manzoni v. Douglas (29 W. R. 425, L. R. 6 very slight, provocation. It seems to us clear that the Q. B. D. 145) raised a point which we have sometimes law is as we state it, and that it recognizes the distinction heard discussed, but as to which there never, as it seemed

hich there never, as it seemed | between dangerous animals and animals that are not to us, could be much doubt. In that case a horse, dangerous—i.e., animals whose nature is to do mischief, drawing & brougham in a public street, suddenly | and harmless animals. Among dangerous animals are bolted without any apparent cause, and, notwithstanding reckoned particular members of a species generally the utmost efforts of the driver to control him, swerved on harmless which, by reason of their individual character to the pavement and injured the plaintiff. It was held that known to their owner, are dangerous, as, for instance, a on these facts an action would pot lie against the owner dog accustomed to bite men. of the horse. It seems to have been contended by the Again, the qualities “ dangerous” and “harmless' counsel for the plaintiff that there was sufficient evidence must necessarily be considered with relation to the of negligence to go to the jury, and to call for rebuttal ordinary circumstances under which the use of the on the part of the defendant. And he relied on the cases ! animal takes place. A horse driven in harness, or led, of Byrne v. Boadle (2 H. & C. 722) and Scott v. London or ridden, is ordinarily a harmless creature, but a person Dock Company (3 H. & C. 596.)

who lets a horse stray in the streets unattended would It is difficult to conceive of cases more entirely distinct be responsible for mischief naturally arising from such in principle than those cases and the case under dis an act, because a horse is not harmless under those circussion. In one of those cases a barrel of flour, and in cumstances. Again-to resort to a proverbial illustra. the other a bale of goods, while under the management tion-we doubt whether the law considers & bull a of the defendant or his servant, fell upon the plaintiff dangerous animal of necessity, but if a person introduced and injured bim. The tumbling of an inanimate thing a bull into a china shop he would obviously be respon. into the street is, as it seems to us, per se some evidence sible for the mischief occasioned, because a bull is not an of negligence on the part of somebody which calls for appropriate animal inside a china shop. explanation, because an inanimate thing cannot move of This last illustration, however, may possibly be its own accord, and the person having charge of the supposed to depend upon the law of trespass, and herein thing is therefore prima facie responsible. The case is we may note a curious distinction of law. Indeed, we altogether different where an animal is concerned, which are not a little puzzled sometimes by the law of animals, has volition and a power of independent action of its own. and doubt whether it can be reduced to an altogether In the former case the action of the person in charge logical basis. A man, it would appear, is absolutely would be (except when the agency of any stranger came | liable in trespass for the act of his beast, such as a into play) one of the causes of the motion of the bullock, in trespassing on a neighbour's land, apart from iranimate object. I leave a cask on its side on an upper | any question of negligence. In other words, he is floor of a warehouse, thinking it in a safe position and I bound to keep his animal in. Therefore I am liable for pot likely to move. The vibration caused by a passing the spontaneous act of my animal if he trespass against wagon, or a draught of wind, or some movement of its | my neighbour's land, but not if he trespass against my contents by force of gravitation, or some such cause, sets | reighbour's person, unless I by negligence have con

duced to the latter mischief. This may seem at first Clause 15 extends the provisions of 22 & 23 Vict. anomalous. It might be urged that if the owner of an c. 35, s. 3. Under that section, where the reversion upon animal is bound suo periculo to prevent that animal a lease is severed, and the rent legally apportioned, the from trespassing on another's land, he ought to be bound assignee of each part of the reversion is, in respect of likewise-seeing that he keeps and uses the animal for the apportioned rent, to be entitled to the benefit his own advantage-to keep the animal from running up of all conditions or powers of re-entry for non-payment against a person in the street. The answer, as it seems of the original rent, as if such conditions or powers had to us, is that there is a radical difference between the been reserved to him as incident to his part of the recase of trespass to a person's land, or to himself when version, in respect of the apportioned rent allotted or upon his own land, and to himself when using the high. belonging to him. Clause 15 of the Bill provides that, way. It seems to us probable that if a man's animal“ notwithstanding the severance by conveyance, suftrespassed on another's land, and when upon that land render, or otherwise, of the reversionary estate in any injured his person or property, it might be held that the land comprised in a lease, and, notwithstanding the owner would be liable for the trespass, both to the land avoidance or cesser in any other manner of the term . and to the goods or person, if the case were based in granted by a lease as to part only of the land comprised argument on this distinction ; but the highway is for therein, every condition or right of re-entry, and every the reasonable use of all persons according to the ordin other condition contained in the lease, shall be appor. ary practice and usages of life and business, and a | tioned, and shall remain apnexed to the severed parts of .man using it takes a certain amount of risk of accident, the reversionary estate as severed, and shall be in force · whereas he is entitled to a more absolute security on with respect to the term whereon each severed part is his own land.

reversionary, or the term in any land which has not We have been dealing rather with acts done by been surrendered, or as to wbich the term has not been : animals not induced by any apparent external cause, avoided, or has not otherwise ceased, in like manner but the question may give rise to difficulty, how far and as if the land comprised in each severed part, or the under what circumstances any liability rests upon the land as to which the term remains subsisting, as the case cowner of an animal which does an act, being impelled may be, had alone originally been comprised in the

thereto by unusual circumstances of which the owner is lease.” The operation of the sections to which we have not the cause. Take, for instance, the case of a horse referred above is restricted to leases made after the

frightened by a fire and running away. Perhaps a fire commencement of the Act. : is to be considered as a reasonable cause for any animal's The next clause provides that in the case of a lease runuing away; but take some small cause such as would made under a power contained in a settlement, or cononly make a very spirited or nervous horse run away, ferred by Act of Parliament or otherwise, any pretheu a more difficult and complex question arises-viz., liminary contract for or relating to the lease shall not as to whether it was negligence to bring such an animal form part of the title, or evidence of the title, of any perinto the place where he was being used, in the sense that, son to the lease, and clause 17 (as we have before menif any mischief arises, the owner ought to pay for it. tioned) supplies the omission from the Vendor and Pur. These are questions of much nicety, and largely questions chases Act, 1874, of any provision with reference to the of degree. We do not think that there has ever been non-requirement of the title to a leaschold reversion on a much attempted by way of systematizing the law with contract to grant a lease for a term of years. regard to these subjects and others of a similar nature, We now come to the clause relating to forfeiture. and perhaps it is impossible to do so. The above ob. The general nature of this provision we have often ex. servations have, however, occurred to us on reading the plained. The lessor is not to enforce a forfeiture until report of the case that has formed our text.

he has served on the lessee a notice specifying the breach complained of, and if the breach is capable of remedy, requiring the lessee to remedy the breach, and

in any case requiring the lessee to make compensation in THE CONVEYANCING BILL. money for the breach, and the lessee has failed within &

reasonable time thereafter to remedy the breach if it is V.-As to LEASES.

capable of remedy, and to make reasonable compensaWe now return to the clauses relating to leases. The tion in money, to the satisfaction of the lessor, for the object of clauses 13 and 14 appears to be to amend breach. It has always appeared to us to be desirable to and enlarge the provisions of 32 Hen. 8, c. 34. That give to the parties the opportunity of settling the matter statute, which gives grantees of the reversion the same without resorting to the court, but we confess that there reinedies against lessees as the lessors had, and lessees is force in the objection urged to this provision, that the same remedy against grantees of the reversion as there are cases where summary enforcement of rights they might have had against lessors, relates only to under the proviso for re-entry is extremely important to grants by deed of the reversion, and to covenants and the lessor. This objection might easily be obviated, agreements running with the land.

however, by the insertion of words providing that in Clause 13 of the Bill proposes to remove these restric such cases the lessor might, upon summary application tions as to the remedy of reversioners, by providing that to the court, obtain leave to enforce the forfeiture with"rent reserved by a lease [should not “ lease” be out giving any previous notice. defined in the definition clause ?], and the benefit of every | The next paragraph of the clause resembles that covenant or provision therein contained, having reference contained in Mr. Davey's Bill, to which we last week to the subject-matter thereof, and on the lessee's part referred. It provides in effect for application by the to be observed or performed, and every condition of re. lessee for relief in case the lessor is proceeding to enforce entry and other condition therein contained, shall be the forfeiture, and enables the court to grant such relief annexed and incident to and shall go with the reversion. on such terms as the court thinks fit. The clause expressly , ary estate in the land, or in any part thereof, imme. covers the case of an underlease, also that (to which diately expectant on the term granted by the lease, not a correspondent referred last week) of a grant at a feewithstanding severance of that reversionary estate, and farm rent, and also applies to cases where the proviso of shall be capable of being recovered, received, enforced, re-entry is inserted in the lease in pursuance of the and taken advantage of by the person from time to time directions of an Act of Parliament. entitled, subject to the term, to the income of the We have never been able to see any sufficient reason whole or any part, as the case may require, of the land for exempting irom the operation of this provision (as is leased."

done in the Bill) forfeitures for breaches of covenants Clause 14 proposes, in like manner, to make the obli against assigning, underletting, or parting with the pos. gations of all lessor's covenants run with the reversion. session of the premises. There can be no doubt that

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