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James, Hices of Barrett, Rury, Lancaster, rket st, Bory.
Francis, Owen, Pwllheli, Carnarvon, out of business. June 11 at 2 Shaw, James. Manchester, Glass Merchant. June 21 at 3 at the at Albion Hotel, Chester, Owen, Pwllheli
Trade Protection Association, China buildings, St. Ann's st, Man. Fuzzi, Santino George, Sonth Shields, Licensed Victnaller. June 17 chester. Tremewen, Manchester
at 3 at offices of Mabane and Graham, Barrington st, South Sheppard, Arthur Nelson, Roman rd, Old Ford, Timber Merchant. Shields
June 20'at 3 at offices of Şaffery and Co, oid Jewry chambers. Gibbs, Thomas, Canterbury, Horse Dealer. June 20 at 11 at Queen's Eastwood, Great St. Helen's Head Inn, Canterbury. Collard, Canterbury
Sherrington, Job, Wigan, Lancaster, Grocer. June 20 at 3 at the William Graham, Tynemouth, Northumberland, Egg Dealer, June Minorca Hotel, Wallgate. Wood, Wigan 17 at 2 offices of Joel, Newgate st, Newcastle-upon-Tyne
Smith, Charles Jesse, High st, Camden Town, Wine Merchant. Griffith, John David, Llanddeiniolen, Carnarvon, Quarryman. June June 16 at 2 at offices of Foreman and Co, Gresham st. Badham 16 at 12 at at offices of Allanson, Bron Seiont, Carnarvon
and Williams, Salter's Hall ct, Cannon st Haines, John, and Henry Hole, Cardiff. Monumental Masons. June Snowden, Edward, Pagnell, Peterborough, Rope Mannfacturer.
13 at 2 at offices of Jenkins and Co., Philharmonic chambers, June 16 at 3.30 at Mansion house chbrs, Queen Victoria st. Buckby, Cardiff Merrils and Son, Cardiff.
Leicester Harries, John, Carmarthen, Tea Dealer. June 13 at 11 at office of Stoddart, John Atkin, Spurstowe rd, Hackney, Shipbroker's Clerk. Morris, Red st, Carmarthen
June 14 at 3 at offices of Bridger, Botolph lane, Eastcbeap Harrison, Ernest, Tranmere, Chester, Chemist. June 15 at 3 at Thomas, William, Swansea, Glamorgan, Builder. June 14 at 2 at
offices of Langton and MacConnal, Lord st, Liverpool. Wyles offices of Donague, Worcester pl, Swansea Liverpool
Townend, Edward, Huddersfield, Farmer. June 17 at 3 at offices of Harrison, John Moore, Tranmere. Chester, Furniture Broker. Booth, John William st, Huddersfield
June 15 at 2 at offices of Langton and Macíonnal, Lord st, Liver. Whitaker, John, Ilkley, York, Oil Merchant. June 14 at 3 at offices of pool. Wyles, Liverpool
Atkinson and Wilson, Tyrell st, Bradford Hayes, George, Worcester, Fly Proprietor, June 14 at 11 at offices of Wilding, Arthur, Wolverhampton, Grocer. June 18 at 11 at offices of Tree and Son, High st. Worcester
Stratton, Queen st, Wolverhampton Hodges, Henry Samuel, Bristol. Furniture Dealer, June 17 at 10 at wilks, Blfred, Walsall, Stafford, Grocer. June 21 at 11 at offices of offices of Nicholas, Corn st, Bristol
Glover, Lichfield chbrs, Leicester st, Walsall Hodgson, Asher, Liverpool, out of business. June 20 at 3 at offices of Wilson, Thomas, North Dalton, York, Farmer. June 16 at 2 at offices. Bartlett, Dale st, Liverpool
of Pickering, Parliament st, Kingston-upon-Hull. Leak and Co, Irons, Arthur John, Leicester, out of business. June 16 at 1 at offices Kingston-upon-Hull of Miles and Co, Bank st, Leicester
Wood, James Henry, Kingston-upon-Hull, Yusic Hall Manager. James, Henry Robert, Kingsland rd, Licensed Victualler. June 15 at June 14 at 3 at offices of Chambers, Scale lane, Kingston-upon-3 at offices of Barrett, Leadenhall st
June 16 at 3 at Knowsley Hotel, Haymarket st, Bury. Molesworth, offices of Marlow and Dixon, Cross st, Manchester
Wood, William, Grenard rd, Peckham, Boot and Shoe Manufacturer.. Jenkins, Francis, Liverpool, Importer of American Woodenware.
15 at 3 at offices of Bordman and Co, Victoria st, Trinity st,. June 20 at 2 at offices of Fildes, North John st, Liverpool
Southwark Jennings, Richard, Epworth, Lincoln, Butcher, June 17 at 2 at offices
of Sharp, Epworth Jones, John, Aberdare, Glamorgan, Fruiterer, June 15 at 10 at offices
of Howell, Cannon st, Aberdaro Kettler, Frederick, Commercial rd, Licensed Victualler. June 13 at
Anti-Dyspeptic Cocoa or Chocolate Powder. 10.30 at offices of Dobson, Minories
Guaranteed Pure Soluble Cocoa of the Finest Quality, with the Kilroy, Bernard Mark, Mare st, Hackney, Fishmonger. June 20 excess of fat extracted.
at 11 at Masons Hall Tavern. Masons Avenue, Basinghall st. The Faculty pronounce it "the most nutritions, perfectly digestibleu Fulcher, Horton rd, Hackney
beverage for Breakfast, Luncheon, or Supper, and invaluable for Kingsbury, Phillips Lucas, Fulham rd, Silk Mercer. June 23 at 3 Il valids and Children, at Guildhall Tavern, Gresham st. Lawrence and Co, Old Jewry
Highly commended by the entire Medica ]Press. cumbrs
Bning without sugar, spice, or other admixture, it suits all palates, Kirtley, Robert, West Hartlepool, Durham, Plumber. June 13 at
xeeps better in all climates, and is four times the strength of cocoa 11 at Brunswick Hotel, West Hartlepool
TRICKENED yet WEAKENED with starch, &c., and IN REALITY CHEAPER Lingwood, Francis, Grosvenor terrace, London Fields, Trimming
chan such Mixtures. Manufacturer. June 16 at 3 at offices of Goodwin and Co, Cole
Made instantaneously with boiling water, a teaspoonful to a Breakman st. Kisbey, Cheapside
tast Cup, couting less than halfpenns. Luff, William, Camberwell rd. Bootmaker. June 23 at 2 at offices of
COCOATINA A LA VANILLE is the most delicate, digestible, cheapest Gray, Ludgate-hill
Man:lla Chocolate, and nay be taken when richer chocolate is prcMartin, Walter Ernest, Chester, Restaurant House Keeper. June 13
hibited. at 12 at 13, Northgate st, Chester. Tatlock st, Chester
In tin packets at 18. Cd., 38., 5s. 60 , &c., by Chemists and Groccrr, Mercer, James, Bury, Lancaster Grease Manufacturer, June 15 at
Charities on Special Terms by the Sole Proprietors, 3 at offices of Anderton, Garden st, Bury
H. SCHWEITZEY & co., 10, Adam-street, London, w.C. Nancollis, Robert, Castle Northwich,, Chester, Joiner. June 17 at
3 at offices of William Poole and Co, Princes st, Manchester. Tre.
mewen, Deansgate Neale, John, Gravesend, Hotel Keeper. June 15 at 3 at offices of Pannell, Basinghallst. Philp, Walbrook
MAKERS Newitt, Arthur William, Warwick rd, Kensington, Schoolmaster, June 10 at 12 at offices of Phelps and Co, Gresham st. Whitton,
BY SPECIAL APPOINTMENT, Towcester
To Her Mijesty, the Lord Chancellor, the Whole f hy Judicial Bench Nicholes, Joseph Henry, Gt Tower st, Licensed Victualler. June 15
Corporation of London, &c. at 11 at offices of Jones, Mark lane Oldacre, Thomas Smith, Stoke-upon-Trent, Stafford, Saddler, June
SOLICITORS' AND REGISTRARS' GOWNS, 15 at 11 at offices of Ashmall, Albion st, Hanley
BARRISTERS' AND QUEEN'S COUNSEL'S DITTO, Peake, John, Birkenhead, Draper. June 16 at 3 at offices of Thomp. . CORPORATION ROBES UNIVERSITY & CLERGY GOWNS, son, Hamilton st, Birkenhead
ESTABLISHED 1689. Philcox, Henry Frederick, Grays, Essex, Tailor. June 20 at 11 at offices of Preston, Mark lane
94. CHANCERY LANE, LONDON. Pickard, Abraham, Benjamin Pickard, and George Pickard, Brad. ford, Wood Box Manufacturers. June 16 at 11 at offices of Rich.
I AW.- Wanted, by a Gentleman, a Clerkship in ardson, Cheapside, Bradford Pitcher, William Michael, Cheltenham, Bootmaker. June 15 at 3 U London. Good experience in Conveyancing. Very smallat offices of Billings, Regent st. Cheltenham
salary accepted if in an office where advertiser could see other Pohl, Otto Erast, Liverpool, Salt Merchant. June 20 at 2 at offices branches of practice.-Address M., Office of this Journal.
of Harmond and Co, North John st, Liverpool. Stone and Co, Liverpool
MADAME TUSSAUD'S EXHIBITIOX Postlethwaite, Roger, Millom, Cumberland, Farmer. June 15 at 11
BAKER-STREET.-On View, portrait Models of KING at Temperanco Hall, Ulverston, Jackson, Ulver ton
ALFONSO XII. and VI0TOR EMMANUEL, the Duke and Duchess o Preston, John, Gleason, Aldingham, Lancaster, Coal Dealer. June
| EDINBURGH, the EMPEROR OF RUSSIA, the SHAH of PERSIA,. 4 at 11 at Temperance Hall, Ulverston Sims, Barr ,w-in-Fur. Sir SAVUEL BAKER, the late Dr. LIVINGSTONE, Mr. H. M. STAN ness
LEY, Rev. H. WARD BEECHER, Sir GARNET WOLSELEY. Ratcliffe, Thomas Samuel, Bradley, Bilston, Stafford. Grocer. June MARSHAL MCMAHON, MARSHAL BAZAINE, M. THIERS, the 16 at li at offices of Hall and Son, Lichfield st, Bilston
Iate CHARLES DICKENS, and Dr. KENEALY, M.P. Also superb Robson, William Ashford, Kent, Marine Store Dealer. June 17 at 11 and costly Court Dresses; the complete line of British Monarchs at offices of Waterman, Bank st, Ashford
from William the Conqueror to Queen Victoria; and over 300 Portraits Redfearn, John Hooson, Worksop, Nottingham, Builder. June 20 Models of Celebrated and Distinguished Characters. Admission, la. at 3 at offices of Hodding and Breevor, Potter st, Worksop
Children under twelve, 60. Exirsroom,60. Opon from 10a.m. til..0 pm Reed, Henry Joseph, Norwich, Saddle and Harness Maker. June
13 at 12 at the Coachmakers' Arms, Bethel-street, Norwich Robinson, Brice Grant Dean, Heywood, Lancaster, Plumber, June
DOYAL POLYTECHNIC.-Lurline, the Rhine 20 at 3 at 17 York st, Heywood. Henry Todd
N Maiden, by Mr. George Buckland.--Arctic Exploration, by Rolfe, Arthur Tillott, Garboldisham, Norfolk, Grocer. June 25 at Commander Cheyne, R.N.-Porcelain Manufacture, by Mr. J. D. 12 at offices of Stanley, Bank Plain, Norwich
Cogan.--The Photographer's Sunbeam, by Mr. T. C. Hepworth. Samuels, Lewis, Bristol, Publican's Valuer. June 11 at 12 at offices The Rising in the Transvaal, by Mr. W. R. May.-Etherdo, the of William Andrews, Nicholas st, Bristol. Essery, Bristol
Juggler. --The Microscope, Electricity, the Isle of Wight, &c., by Scrace, Isaac, Mount st, Grosvenor sq, Coffee-house Keeper. June Mr. J. L. King.--Fleuss's Diving Apparatus.--The Electric Rail14 at 3 at offices of Knight, Bow st, Covent Garden
way.-- Balmain's Luminous Paint Room.--Recitals by Mrs. Stirling Senly. Frederick George, Caldicot. Monmouth, Builder. June 17 at and others at 3 on Saturdays. Admission to the whole 18. Open 3 at offices of Haines, Westgate Chambers, Berkeley st, Gloucester from 12 till 5 and 7 till 10.
EDE AND 30N
Bristoor, Banisham. Tenre mi caster
AN IMPORTANT CONVENIENCE TO LAW WRITERS AND
STEPHENS SCARLET INK FOR STEEL PENS, MILNERS' SAFES for STAMPS, DEEDS, JEWELLERY, This new lok supplies the demand continually made but never
before met, for & Red Ink which is uninjured by Steel or other PLATE, BOOKS, DOCUMENTS, &c.
Metallic Peng. Steel Pens left in this ink for months do not impair MILNERS' SAFES for SOLICITORS, JEWELLERS, the beauty of its colour, nor are the Pens in the least corroded by it. AUCTIONEERS, BANKERS, &c.
The existing Red Inks rapidly destroy Steel Peps, and lose their red
colour it used with other than Gold or Quill Pens. This new colour Manufactory: PHOENIX SAFE WORKS, Liverpool. London: is a very rich scarlet red of great beauty. The colour of this ink ig MILNERS' BUILDINGS, opposite Moorgate-street Station, E.C. ! not affected by use upon parchnient, and is consequently of great Manchester : 28, MARKET STREET.
value to Solicitors and Draughtemen,
Sold in stone bottles, retail at ls., 29., 3: : and Imperial Quarts of
41 ounces at 68. each. Also in glass bottles at 6d. and ls. each. The Companies Acts, 1862 to 1879.
SOLD BY ALL STATIONERS. Every requisite onder the above Acts supplied on the shortest notice
D AMPTON & SONS make NO CHARGE for The BOOKS AGO FORMS kept in stock for immediate use MEMORANDA and ARTICLES OF ASSOCIATION opeedily printed
inserting particulars in their FREE MONTHLY REGISTER
of ESTATES, TOWN and COUNTRY HOUSES, Furnished or n the proper form for registration and distribution. SHARE CER
Unfurnished, or for Sale, to be had GRATIS at their Offices, or
post-free for two stamps. Published on the lst of the month, and
Estate and Auction Offices, 8, Pall Mall East, S.W.
for two sertion. Se montser. Su
Solicitors' Account Books. RICHARD FLINT & CO.
THURGOUD & Co., Estate and Land Agent, Stationers, Printers, Engravers, Registration Agents, &c.,
1 Surveyors and Auctioneers, Lonsdale Chambers, 27, Chancers49 FLEET-STREET, LONDON, E.C. (corner of Serjeants' lane, W.C., hold PERIODICAL SALES or Property, at the MART, the ino).
Second Tuesday in each month. Railway, School Board, Corporation, Annualand other Peturns Stamped and Filed
Board of Works, and other Compensations conducted. Valuatins for
Probate, Mortgages, &c. Estates managed. VATES & ALEXANDER, General Printers, Lons. A scale of charges upon application.
1 dale Buildings, 27, Chancery-lane, immediately opposite the Chancery-lane Post-office.
MESSRS. DEBENHAM,TEWSON, FARMER, & LAW, Parliamentary, and General Printing by 1 BRIDGEWATER'S LIST of ESTATES and HOUSES to be 1 Yates & Alexander, 27, Chancery-lane.
SOLD or LET, incind ng Landed Fatates, Town and Country Resid.
ences, Hunting and shooting Q artera, Parms, Ground Rents, Rent AUCTIONEERS' Work, Particulars and Conditions
Charges, House Property and Investments Ronerally, is publiphad of Sale, Posters, &c., printed by Yates & Alexander.
on the first day of each month, and may be ob ainea, free of charge,
at their o.fices, 80, Cheapride, E.C, or will be sent by post in return DAMPHLETS, Books, Newspapers, Circulars, Rules for two stamps. - Particulars' for insertion should be received not
and Regulations of Societies printed by Yates & Alexander. later than four days previous to the end of the preceding mouth. DROSPECTUSES of Public Companies, Memoranda and Articles of Association, Share Certificates, Receipts
CLAPHAM COMMON.-To Professional Men.-To Notices, &c., printed by Yates & Alexander, 27, Chancery-lane. u be Let.-The private portion of Business Premises. Occupy. D ISCOUNT for Cash allowed by Yates & Alexander,
ing one of the best positions in Clapham.-For detailed partienlars
apply to Messrs. J. McLACHLAX & Soxs, Estate Agents, ClaphamLonsdale Buildings, 27, Chancery-lanc.
common. STATEMENTS of Claim and Defence, Affidavits Petitions, and Pleadings printed by Yates & Alexander. I CLAPHAM.-To be Let, a Detached Residence,
fitted with every comfort; good bed and reception rooms,
large garden and stable. Also a similar Residence without stable; BRAND AND CO.'S OWN SAUCE.
also a Semi-detached House, situate in a choice position, and con
venient for access to City and West-end.-Detailed particulars of SOUPS, PRESERVED PROVISIONS,
Messrs. J. McLACILAN & Sons, Estate Agents, Clapham-common,
and 35, St, James-street, Piccadilly. (2169-2170). POTTED MEATS and YORK and GAME PIES, also
MLAPHAM PARK,-To be Let, a most convenient
Residence, close to station, and within a short distance of ESSENCE OF BEEF, BEEF TEA,
Clapham-common. Six bedrooms, dressing room, fitted bathroom,
three reception rooms, and offices. Extensive grounds with beanti. URTLE SOUP, and JELLY, and other fully sheltered lawn, being surrounded by a belt of fine timbers.
Excellent stabling, coach-house, and yard, with gardener's cottage,
&c. Rent, £140.--Apply to Messrs. J. McLACKLAN & Soxs, Estate SPEUTALITIES for INVALID S. Agents, Clapham-common, and 35, St. James-street, Piccadilly.
CLAPHAM PARK.-A Semi-detached Residence, 11, LITTLE STANHOPE STREET MAYFAIR, W. U well decorated; seven bedrooms, pleasant reception rooms
and offices. Near station, Rent, £90. Apply to Messrs. J.
N & SON, Estate Agents, Clapham-common, and 35, SL. INAHAN'S LL WHISKY.
James-street, Piccadilly. (2209). INAHAN'S LL WHISKY.
OLAPHAM PARK.-A comfortable Detached Pure, Mild an
U Double-fronted House, in thorough repair ; six bedroms, bath Mellow, Delicious and most Wholesome. Universally recom mended by the Profession. The Cream of Old Irish Whiskies
room, three reception rooms, and Offices. Detached stabling
greenhouse, and good grounds. Rent, £100 per annum.--Apply to * INAHAN'S LL WHISKY. Dr. Hassall says
Messrs. J. ÝCLACHLAN & Sons, Estate Agents, Clapham-common, “ Soft and Mellow, Pure, well Matured, and of very excellent
and 35, St. James-street, Piccadilly. (2462). quality." INAHAN'S LL WHISKY. Gold Medal, Paris
VESSRS. BAXTER, PAYNE, & LEPPER beg Exhibition, 1878; Dublin Exhibition, 1865, the Gold Medal.
respectfully to announce that their AUCTION SALES of 20, Great Titchfield-street, London, w.
Estates, Building Land, Ground Rents, House Property, and all convertible Securities will be held at the MART. TOKENHOUSEYARD, E.C., on the following days during the year 1881. Sales will also be held on special days when required.
MAGNESIA, Monday, June 20
| Monday, July 25
Wednesday, Oct 12
The Medical Profession for over Forty Years bave approved of this pure
solution as the best remedy for ACIDITY of the STOMACH, HEARTBURN, HEADACHE, GOUT
and INDIGESTION, And as the safest Aperient for Delicate Constitutions, Ladies
Children, and Infants.
Friday, July 8
Wednesday, Aug. 10 Monday, Nov. 7
Wednesday, Sep. 14 | Wednesday, Dec. 14 Terms on Application. Auction Sales of Furniture, Farming Stock, Growing Orops, Timber, Underwood, &c., by arrangement. Property Register, together with a separate List of Farms, pube lished monthly, and forwarded gratis on application.
BAXTER, PAYNE, & LEPPER, 69, King William-street, E.C., and Town Hall, Bromley, Kent,
LONDON, JUNE 18; 1881.
Strand, by an entrance inside the archway leading to the great quadrangle.
BY THE CHANCERY Cause Lists, which will be found in another column, it appears that the causes set down in the Chancery Division at the comniencement of the present sittings numbered 127 before the Master of the Rolls, 45 before Vice-Chancellor Bacon, 120 before Vice-Chancellor Hall, 115 before Mr. Justice Fry, and 49 before Mr. Justice Kay, making a total of 456 causes. At the commencement of Easter Sittings the list of the Chancery Division contained 417 causes, and this time last year the list contained 419 causes, so that the present sittings of the Chancery Division begin with a rather larger proportion of work than usual. The list of the Appeal Court contains 154 appeals, final or interlocutory. A year ago, the appeals in the list were 196, and at the Easter Sittings, 151.
CORREXT TOPICS ...
.......................... 617 THE LAW WITI RESPECT TO INFECTED PERSONS AND HOS.
PITALS .............. .............. ...................... 618
and Dover Railways Joint Committee ........ .............
CASES REPORTED IN THE WEEKLY REPORTER.
676 Malthy, In re. (Q.B.Div.) ........
.........3 78 Thornewell y. Johnson. (Ch.Div. V.C.B.) .....
677 Wright v. Marwood. (App.) ..........
A CURIOUS QUESTION in connection with the law of homicide recently came before the High Court at Calcutta. In Empress v. Gonesh Dooley (Ind. L. R. 5 Cal. 351) two snake-charmers had been tried for murdering a boy. They were exhibiting to a crowd a venomous cobra, whose fangs (as they knew) had not been extracted, and one of them placed it on the head of a boy whom they had selected to assist them in showing off their dexterity in snake-charming. The boy took fright, and in trying to push away the snake was bitten by it in the finger, and he died from the wound. The jury had acquitted both prisoners, on the ground that the exhibition of snake-charming was authorized by custom, and that they had not intended to kill the boy. The sessions judge thought that they had caused the boy's death by an act of gross negligence, and he referred the case to the High Court. Mr. Justice McDonell held that the prisoner who put the snake on the boy's head had been guilty of “culpable homicide not amounting to murder," and not of the minor offence of “causing death by negligence," because he knew that tbe act was likely to cause death (although he had no intention of causing it), and that the other prisoner was punishable for abetting to homicide.
THERE IS NO FOUNDATION for the statement that the vacant lord justiceship has been offered to, and declined by, the Solicitor-General,
THE PROBATE in England, within the last few days, of IT IS ANNOUNCED that the Master of the Rolls will sit
the will of Pope Pius IX. recalls attention to the rule in the Court of Appeai at Lincoln's-inn for five days
that our courts will not recognize any will of personalty next week, commencing on Monday, and will take
except such as the Probate Court of this country has motions and petitions in his own court on Saturday.
adjudged to be the last will. The result is that if any action has to be brought in any of our courts in
respect of personal property in this country comprised IT 18 UNDERSTOOD that the chambers of the Master of in a foreign will, probate must be taken out here. the Rolls will not be removed to the Royal Courts of At the same time, it is the established practice of the Justice until the Long Vacation, by which time the | Probate Court here that where a will has been proved in approaches to the rooms on the west side of the a foreign court, a duly authenticated copy will be central hall, which are being prepared for them, will be admitted to probate, without further evidence of completed.
the validity of the will, as it is presumed that the foreign court has been satisfied on that point (Miller
V. James, 21 W. R. 273). Why should not every other VICE-CHANCELLOR Hall's chambers were removed to court in this country follow the example of the Probate the Royal Courts of Justice on Saturday last. They | Court, and, without requiring the formality of an English now occupy the second floor in the block on the east side probate, proceed on a duly authenticated copy of the of the central hall, the judge's room being on the court | foreign probate ? Hoor at the north end. It may be convenient to practitieners to know that there are now two entrances to this Part of the building : on the north, from Carey-street, “EVERY MAN has a right so to shape the disposition of Rear the previous entrance, and on the south, from the his property as to avoid the probate and legacy duty, if
possible, and there is no fraud in so doing” (see Re to overtime, which is therefore compulsory, and in this Evans 2 Cr. M. & R. 205). But since the passing of the respect there is no change from the practice existing Customs and Inland Revenue Act, 1881.(44 Vict. c. 12), | under the late telegraph companies." This sets up an 8. 38 (in the case of all persons dying after the 1st inst.), implied contract, the burden of proof of which would the disposition of property cannot be shaped so as to | rest with the authorities, who, if they could prove it, avoid probate duty; hence the use of quasi-testamentary | would, we think, be entitled only to reasonable overtime voluntary settlements will, in future, be restricted to at a reasonable rate of extra payment to the employés. cases where the intended objects of bounty are of Probably a petition of right would lie to recover distant degrees of consanguinity to the person who is a reasonable remuneration. On the other hand, providing for them. In these cases it will still be im- | if the Post Office authorities were to dismissa portant to save the legacy duty by executing & re- clerk for refusing to work overtime, the clerk would vocable settlement, for by section 38, sub-section 3, the have po practical remedy, for the action of wrongful stamp duty in the settlement is to be returned on the dismissal is an action of tort, to which the maxim that delivery of the account required by the Act, duly the Queen can do no wrong would apply. The overtime stamped.
branch of the case seems to be clearly one for a compromise.
THE SERIOUS CONTROVERSY pending between the telegraph clerks and the Postmaster-General may give rise
| THE LAW WITH RESPECT TO to more than one important legal question, as to each of which, however, there is happily a fairly certain solution. INFECTED PERSONS AND It is understood that the clerks demand a Civil Service
HOSPITALS. status, disclaim the obligation to work overtime, and claim the same right to “ strike” as that which is | At the present time, when the subject of the provision enjoyed by private employés, not being water or gas of hospitals for the smallpox and other infectious diseases employés. The first two points appear to be settled by is so frequently brought to the public notice, the recent the Telegraph Act, 1868, and the third depends upon decision of the House of Lords, in the case of The the construction to be put upon the Conspiracy and Metropolitan Asylums District Managers v. Hill (29 Protection of Property Act, 1875. As to the Civil Service | w. R. 617, L. R. 6 App. Cas. 193), is one of constatus, the 8th section of the Telegraph Act, 1868, pro siderable interest. The legal questions that may arise vided that “such officers and clerks" [of three telegraph
with respect to the position of persons suffering from companies mentioned in that section] " as enter into the an infectious disorder, and to tbe mode of dealing with service of the Postmaster-General shall be entitled to such persons, are questions of peculiar difficulty. Some. count their past years of continuous service with the | what analogous questions arise with regard to cognato telegraph companies as years passed in the service of the subjects. The law of puisance in general is fraught Crown, and all such officers and clerks shall be deemed with difficulties, and if general principles were pushed to to be, to all intents and purposes, officers and clerks in their utmost logical results still greater difficulties would the permanent Civil Service of the Crown, and shall be arise. Undoubtedly matters wbich, in law, are nuisances entitled to the same but no other privileges." An exist in every direction, and arising, as they do in many attempt was made in Reg. v. Postmaster-General (32 cases, out of the exigencies of an advanced civilization, L. T. 559) to get this enactment applied to all companies and necessitated as they are by the wants and interests of generally whose undertaking became vested in the Post. the community, they are often allowed to exist by a kind master-General, but the contention of the clerks was of tacit compromise. Great perplexities, for instance, shown by that case to be hopeless. If it be desired to have been experienced in reference to the sewage question. give the clerks the Civil Service status, which gives, under Large towns must get rid of their sewage, and that the Superannuation Act, 1859, a right to a pension, sewage often creates a nuisance. The conditions of human subject to the power of the Crown to dismiss at any existence, when population becomes in anywise abundant, time without pension and without compensation, an Act are fertile with occasions of nuisance, and in respect of of Parliament would seem necessary for the purpose. such nuisances a conflict of interests and rights must As to a “strike," the rights of the parties are not quite often arise. The difficulty of reconciling the interests and clear; but it is worthy of note that the Conspiracy and rights of a person seized with an infectious disorder with Protection of Property Act, 1875, amends the law those of others is very great. The truth is, that in this of conspiracy as to “trade disputes” only, and and similar cases the question is one of a struggle for ex. expressly (sce section 3) excepts from the effect istence in which the instincts of self-preservation on of that amendment the law relating to (inter alia) | either side are very keenly brought into play, and with “any offence against the State. The hours of which the law consequently has much difficulty in deal. work appear to be fixed by section 15 of the Tele. ing, just as it has in adjusting the rights of landlords graph Act, which empowers the Postmaster-General from and tenants in a country where the necessary conditions time to time to “make regulations for determining the of things have produced earth-bunger. The sick mau). hours during which the offices appointed by him to be claims to survive and get well, and to use the best means places for the receipt and dispatch of messages shall be of doing so. The rest of mankind claim not to be exo open for the transaction of telegraphic business.” posed to the risk of infection. In a completely selfish Copies of these regulations must by section 23 be laid community the infected person would probably be put before Parliament, and the same section directs that to death, but the result of civilization is everywhere to “all regulations so made shall be binding on the parties modify the struggle for existence, and some compromise interested in the subject matter thereof to the same ex between the interests of the two parties must be effected. tent as if such regulations formed part of this Act." It is very difficult to define the rights of the infected The Memorandum issued by the Post Office authori person and the community. For instance, the infectea ties distinctly claims the right to exact compulsory person, on becoming somewhat better, in order to com. overtime work, but not, apparently, on the ground of plete his recovery wishes to go to some other place for any express contract, unless, indeed, the 6th section of change of air. Conceivably his doctor tells him it is of the Telegraph Act, 1868, which preserves to the PostOffiec | vital importance for him to do so. Does he commit a all agreements with the telegraph companies be relied on. nuisance to the inhabitants of the place to which he “It should be evident to everyone who is conversant with removes by bringing a source of infection into their telegraph working," says the Memorandum, “that it is neighbourhood ? On the other hand, if he stays impossible satisfactorily to dispose of the fluctuating / where he is, he is a source of infection to those who business of a telegraph office without having recourse inhabit his neigbourhood. The same sort of difficulty
arises with regard to hospitals for the treatment of infec. excuse is necessary. The mere fact that a man is sick tious disorders. It seems probable that a number of small. of an infectious disorder cannot give rise to a cause of pox patients scattered about in their own homes, possibly action, and we doubt whether those who are around him in densely populated neighbourhoods all over a town, can be bound as a matter of law to take any active steps must tend to spread infection to a greater extent than in the matter with regard to the protection of neighbours. hospitals specially provided in particular localities; on It is obvious that the measure of any such liability would the other hand, the particular localities naturally cry out be so vague and uncertain that it might be intolerable. that the whole community ought not to be benefited at The question what are proper and sufficient measures of their expense. The question is one of great difficulty. isolation would be matter of conflicting opinion as to Lord Blackburn endeavours in his judgment, in the case which experts would differ. Could it be contended that to which we have alluded, to lay down some general doc a person in charge of a patient sick of an infectious trines and principles of the common law on the subject of disorder is to be liable to an action at the suit of any infected persons. If any living person could possibly do person who may catch the disease, in which it would so satisfactorily, his lordship undoubtedly could, but the depend on the opinion of the jury, based on conflicting result of his endeavour is not entirely satisfactory. Every testimony of experts, whether this or that particular person who has ever attempted to make legal definitions measure of disinfection or isolation ought to have been must many times have with reluctance acknowledged the employed ? inevitable necessity there is that legal definitions should The learned law lord seems, moreover, from the contain indefinite terms, and so really be hardly definitions terms he subsequently employs, to doubt whether at all. Nevertheless, such definitions, though not perfect, there can be said to be any duty in such a case, for he are useful as approximations to definiteness. Lord proceeds to say, "If those who have the charge of the Blackburn commences his remarks thus: “ Those who infected person have the means of isolating him have charge of a sick person, if he is helpless (whether on the spot, they certainly do well to use them, the disease is infectious or not), are at common law and if it cannot be done on the spot, and they can under a legal obligation to do to the best of their ability I either, by their own means, or by the aid of charitable what is necessary for the preservation of the sick person.” persons who have erected an hospital, find a place where This may be admitted subject to the question who can he can be isolated so as to avoid the risk of infection, be considered as having charge of a sick person, and they will do well to use those means. I do not mean to whether any person is under legal obligation to express any opinion as to whether at common law have such charge. A person who can he said to under- they would or would not be responsible for not take the charge is probably subject to the liability. His doing so." He then proceeds, “But there is lordship proceeds : “When the disease is infectious, there | no authority, and I think, po principle, for is a legal obligation on the sick person and those who saying that they are justified in removing him to have the custody of him not to do anything that a place where the neighbours would be exposed to concan be avoided which shall tend to spread the infection, tagion, though it may be that those neighbours would be and if either do so, as by bringing the infected person fewer in number than the neighbours of the spot where into a public thoroughfare, it is an indictable offence, the infection broke out; nor for saying that if that was though it will be a defence to the indictment if it can done, and the contagion was to amount to a real be shown that there was a sufficient cause to excuse what nuisance, those neighbours might not maintain an action is prima facie wrong."
and obtain an injunction to protect themselves against The question that at once suggests itself to the reader of the importation of foreign infection. For though, as I this proposition is as to the meaning of the term “any. have already said, I think it an incident to the use of thing that can be avoided.” Lord Blackburn gives as an a habitation in a town that the occupier must bear illustration the case of a person bedridden with an infecti. I the necessary risks of the inmates of a neighbouring ous disorder in a house which takes fire, the removal of habitation falling ill of a contagious disease, I do not whom through the crowd necessarily involves the proba- think it an incident that he is to submit to bility of infection to others. He says that probably a much his neighbours wilfully, though for very laudable motives less degree of necessity might form an excuse, but that and not maliciously, bringing in coutagion where it did not some excuse is required. He expressly declines, however, previously exist, if the effect is not merely to alarm but to determine what constitutes a sufficient excuse. It is
a sumcient excuse. It is to injure him.” obvious that we are here dealing with cases in which the We cannot say that we feel very confident as to limits of the respective rights of the individual and the į the absolute soundness of these propositions with public are extremely vague and undefinable. In the regard to the law of the subject, taken strictly. Supcase selected by his lordship it is obvious that to leave a pose a patient who falls ill of smallpox in one place helpless bedridden person to perish by a horrible death is, from reasonable and not merely wanton or selfish is so dreadful an alternative as compared with the mere motives, removed to another; suppose, for instance, that possibility of causing the death of another or other the father of a family of children removes one of them, persons by the disease, that the law could not possibly being sick of contagious disease, to avoid infecting the undertake to insist on its adoption. And it seems to others; or suppose that a person living in lodgings in us, on reflection, to be almost impossible to lay down any town, without proper means of treatment, is removed by principle. It must be in every case a choice of evils the those who have charge of him to his home in the country, comparison of which must depend on the particular cir and large numbers of persons in the place to which he cumstances.
is removed are infected in consequence, could it be said His lordship proceeds to say that when those who that every such person would have his action? Those in have the custody of the sick person have not the means charge of the patient are, if this be so, placed between of isolating him from the other inunates, which is often the dreadful alternative of disregarding the most obvious the case with the poor, he is of opinion that that | promptings of human nature or of incurring the most inability would form a sufficient excuse to an indict ruinous liability. It is not, to our mind, right that the ment for not doing so, and also that the neighbours law should undertake to deal too definitely with such could not maintain any action for the damage which matters. The province of the law is to reconcile the they would in such case sustain from the proximity of conflicting rights and interests of individuals under the infected person, it being a necessary incident to the ordinary circumstances; it ought not too nicely to use of property for habitations in town that contagious prescribe as obligations to be enforced by legal sanctions sickness may befall their neighbours. We doubt whether courses of conduct which contravene ordinary human the absence of means of isolation can be the ground of nature. At any rate we do not think that the common, non-liability. Apart from statutory obligation, we feel ! or, in other words, judge-made, law ought to do so. There very doubtful as to any original liability from which was, it has always scemed to us, something of wisdom in