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post-fraished, or for sajand COUNTRY

Ray, Joseph Clark, Sunderland, Durham, Tailor. July 12 at 12 at

offices of Stokoe, Fawcett st, Sunderland Rees, Llewellyn, Rhondda Valley, Glamorgan, Draper, July 5 at

offices of Beckingham, Albion chbrs, Bristol, in lieu of place

originally named Riley, Edward, Droylesden, Lancaster, Insurance Agent. July 11

BY SPECIAL APPOINTMENT, at 3 at Falstaff Hotel, Market pl, Manchester. Tremewen, Man To Her Majesty, the Lord Chancellor, the Whole { ho Judicial Benet

chester Rogers, William, Oldswinford. Worcester, Hay Dealer. July 14 at 3

Corporation of London, &c. at offices of Addison, High st, Brierley hill

SOLICITORS' AND REGISTRARS' GOWNS. Shorter, Henry, Prince's st, Barbican, Wholesale Fancy Stationer,

BARRISTERS' AND QUEEN'S COUNSEL'S DITTO, July 14 at 2 at Manchester Hotel, Aldersgate st. Webb and Son,

CORPORATION ROBES UNIVERSITY / CLERGY GOWNS, Barbican Simpson, Isaac, Queniborough, Leicester, Baker. July 11 at 12 at

ESTABLISHED 1689. offices of Burgess and Williams, Berridge st, Leicester

94. CHANCERY LANE, LONDON. Smith, Albert Cécil, Birmingham, Draper. July 8 at 3 at offices of

Parry, Colmore row, Birmingham
Smith, Joseph, Cleckheaton, York, Tobacconist. July 7 at 3 at office

LAMPTON & SONS make NO CHARGE for of Sykes, Heckmondwike

inserting particulars in their FREE MONTHLY REGISTER Soden, Alfred, New Malden, Surrey, Builder. July 12 at 11 at office

of ESTATES, TOWN and COUNTRY HOUSES, Furnished or of Blake and Snow, College hill, Cannon st

Unfurnished, or for Sale, to be had GRATIS at their Offices, or Spencer, Robert, Ormskirk, Lancaster, Provision Dealer. July 11

post-free for two stamps. Published on the lst of the month, and at 11 at offices of Brighouse and Brighouse, Ormskirk

particulars for insertion should be sent not later than five days Thompson, Thomas, North Shields, Boot Dealer. July 8 a

previous to end of preceding month. offices of Ogilvie, Howard st. North Shields

Valuations for Probate and Transfer. Surveys. Tippins, John Alfred, Keane ter, West Kensington, Dairyman.

Estate and Auction Offices, 8, Pall Malï East, S.W. July 19 at 11 at offices of Cooke and Parkinson. Chancery lane Tompkin, William, Brookfield-ter, Dartmouth Park-hill, July 8 at SOUTH AUSTRALIAN GOVERNMENT 3 at 12, St. Martin's-court, Leicester-square. Willis

SECURITIES. Tookey, William, Cheetham, Manchester, Grocer. July 9 at 11 at offices of Credland, 30, Cross-st, Manchester

FOUR PER CENT. BONDS, PRINCIPAL AND INTEREST Turnbull, John, Hoyland Nether, York, Hatter. July 11 at 12 at

Gray, 7, Eastgate, Barnsley
Turner, Cornelius, Stanley, near Wakefield, Boat Builder. July 12

FOR £977,000 AND £388,300.
at 11 at offices of Wainwright and Mason, Townhall-chmbs, King-
st, Wakefield

The National Bank of Australasia, 149, Leadenhall-street, E.C., is Vicarage, Thomas, Clevedon, Somerset, Carpenter. July 8 at 11 at authorized by the undersigned to receive Tenders for South offices of Parsons, 16, High-st, Bristol. Woodforde

Australian Government Securities amounting to £977,000, being the Wall, Moira, Birrcingham, Stone Mason. July 11 at 11 at offices amount authorized by the Act of the South Australian Parliament, of Eaden, 21, Bennett's-hill, Birmingham

No. 159, of 1879, assented to 25th October, 1879; and for £388,300, Weaver, William Richard, Grantham, Lincoln, of no occupation. being the total amount authorized by the Act of the South Australian July 8 at 3 at St Peter's-hill, Grantham. Schofield

Parliament, No. 189, of 1880, assented to 28th October, 1880; for the Wells, William Henry, Walsall, Stafford, Baker. July 11 at 11 at construction of Railways and for other Public Purposes. offices of Bill, 5, Bridge-st, Walsall

The Bonds, which are for £1,000, £500, £200 and £100, bear Whitehouse, George, Gutter-lane, Warehouseman, July 15 at 2 at interest at the rate of 4 per cent. per annum, commencing on the 1st offices of Śmith and Co, 12, Bread-st, Cheapside

April, 1881. Whitlock, Edwin, Sheffield, Mason. July 11 at 11 at offices of Principal and interest are made payable in London; the interest Porrett, 2, Bank-st, Sheffield

by coupon on the 1st of October and 1st of April of ench year, and Wilkins, Benjamin, Birkenhead, Chester, IronmongerJuly 9 at 11 the principal of the issue of £977,000, herein announced, and the

at offices of Bleakley and Downham, 51, Hamilton-square, Birken.' principal of the issue of £388,300, at par on the 1st April, 1916; the head

first coupon being payable on the 1st October, 1881. Williams, Ellen, High Wycombe, Bucks, Chair Manufacturer. July A copy of the authorizing Acts may be inspected at the office of

14 at 3 at Falcon Hotel, High Wycombe. Reynolds, High Wycombe the undersigned. Wolff, Solomon, Mildmay-grove, Stoke Newington, Manufacturer's Tenders, made in accordance with the annexed form, will be

Clerk. July 9 at 3 at offices of Cattlin, 25, Wormwood-st, Old received by the National Bank of Australasia until 2 o'clock on Broad-80

Tuesday, the 5th July, when they will be opened in the presence of Young, Thomas, North End, Croydon, Solicitor. July 6 at 3 at such of the applicants as may desire to be in attendance. Kennan's Hotel, Crown-court, Cheapside

The Bonds will be allotted to the highest bidders, provided the rates offered are not below £102 for every £100 tendered for

Tenders at a price including a fraction of a shilling other than SCHWEITZER'S COCOATINA, sixpence will not be necessarilly accepted, and in the event of an

equality of Tenders beyond the amount of these Bonds, a pro rata Anti-Dyspeptic Cocoa or Chocolate Powder.

distribution on such Tenders will be made. Gnaranteed Pure Soluble Cocoa of the Finest Quality, with the

Payments must be made as follows, viz.- £5 per cent. of the excess of fat extracted.

nominal amount with the Tender, and the Balance on the 2nd The Faculty pronounce it "the most nutritious, perfectly digestible August, 1881, when the Bonds will be delivered. beverage for Breakfa-t, Luncheon, or Supper, and invaluable for Eorms of Tender may be obtained at the office of the National Invalids and Children."

Bank of Australasia, or of the undersigned.
Highly commended by the entire Medica Press.

Bring without sugar, spice, or other admixture, it suits all palates,

Agent-General for the Government of South Australia. keeps better in all climates, and is four times the strength of cocoas 8, Victoria Chambers. Westminster. -HICKEN KD yet WEAKENED with starch, &c., and IN REALITY CHRAPER

27th June, 1881, than such Mixtures. Made instantaneonsly with boiling water, a teaspoonful to a Break.

FORM OF TENDER. tast Cup, couting less than a halfpenny. COCOATINA A LA VANILLE is the most delicate, digestible, cheapest

SOUTH AUSTRALIAN GOVERNMENT SECURITIES. Manilla Chocolate, and may be taken when richer chocolate is pro


To the Manager of In tin packets at 18. 60., 38., 5s. 60., &c., by Chemists and Grocers. The National Bank of Australasia, 149, Leadenhall Street, E.C. Charities on Special Terms by the Sole Proprietors,

Sir,-I (or we) hereby tender for €

Bonds of the GovernH. SCHWEITZER & CO., 10, Adam-street, London, w.C.

ment of South Australia, according to the notice of the Agent-
General, dated the 27th June, 1881, on which I (or we) enclose the
required deposit of £
and undertake to pay £


every £100 in Bonds, and to accept the same or any less amount

that may be allotted to me (or us) and to pay the instalmenst and THE ORIGINAL (1876) NON-ALCOHOLIC SPARKLING balance in conformity with the terms of the said notice. BEVERAGE.


Address ................ ..................... HEDOZONE. — MORE REFRESHING THAN

Date .....


I, COMPANY. Chief Office--126, Chancery-lane, London, W.C. EDOZONE. - HEDOZONE IS A GRATEFUL

The Funds in hand and Capital subscribed amount to upwards of REFRESHMENT.

Chairman-JAMES CUDDON, Ésq., Barrister-at-Law, Goldsmith. EDOZONE.

building, Temple. Deputy-Chairman--C. PEMBERTOX, Esq. (Lee & Pembertons), Solici.

tor, 44, Lincoln's-inn-fields. EDOZONE. IT WILL SUSTAIN THE WORKER,

Every description of Fire and Life Insurance business transacted. RE - ANIMATE THE WEARY,

Whole World and Unconditional Life Policies granted at a slightly

increased rate of Premium. INVIGORATE THE FEEBLE,

Policies of Insurance granted against the contingency of Issue AND RESTORE THE INVALID. at moderate rates of Premium. JEDOZONE.

Advances made on Mortgage of Life Interest and Reversions,

whether absolute or contingent. Of Chemiate, Wine Merchants, and Grocers.

Prospectus, Copies of the Accounts as deposited with the Board

of Trade, and eyery information sent on application to Ma pufacturers : PACKHAM & Co.' (Limited), Croydon. I

FRANK MCGEDY, Actuary and Secretary.

Chairman-JAMES C

£1,600,000 sterling.

whetherectus, Copies nformation sentedy, Actuary and


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able length, has been referred to a Select Committee of LONDON, JULY 9, 1881.

the House of Commons, which, although mainly composed of lawyers, comprises only four members of the bar of ex

perience in conveyancing matters. We are glad to CONTENTS.

observe, however, that four solicitor M.P.'s are to serve

on the Committee, but among them we regret to miss the CURRENT TOPICS ..


names of Mr. Dodds, M.P., and Mr. GREGORY, M.P. It is


673 very much to be hoped, but hardly to be expected, that ARREST OF SUSPECTED PERSONS ....................... ...... 675

the Committee will finish its labours in time for the Bill CORRESPONDENCE ................................... CASES OF THE WEEK

to pass this session. The Bill was considered with Ex parte The East and West India Dock Company ........ 677 unusual care when it was first drafted, and we should Ex parte Harrison


have thought that it might have escaped the ordeal of a Ex parte Chapman ....

677 Palmer v. Locke

677 Select Committee. Marsden v. Graham

678 Peters v. The Lewes and East Grinstead Railway Company .. 678 In re Jaques

678 Re Thorney's Trusts ......


A NOTICE respecting certain office regulations of the Thorndon y. Tell .

679 In re Barber's Settled Estates....

679 Chancery Pay Office, which we have been requested to CASES BEFORE THE BANKRUPTCY REGISTRARS:

publish, appears in another column. The principal Ex parte Miller and another, Re Levy........

679 SOLICITORS' CASES ........

change in the practice of the office which is effected by


680 this notice consists in the alteration of the form of OBITUARY .........


power of attorney for receipt of dividends hitherto in LAW STUDENTS' JOURNAI ..



use, and the non-requirement, in future, of an affidavit

682 COMPANIES ......

of the execution of such powers. This will effect a THE RAILWAY COMMISSION..........

683 NEW ORDERS......

saving of expense, and will not, it may be hoped, leave a



door open for mistakes. Certificates of funds in court LEGISLATION OF THE WEEK ..

ought to be issued on the day after being bespoken, COURT PAPERS LEGAL NEWS ..


instead of three days after, as provided in the notice ; LONDON GAZETTES,

.... 687 and transcripts of accounts might, it would be supposed,

be made out in three days, instead of taking a week, as CASES REFORTED. TN THE WEEKLY REPORTER. appears from the notice. We believe, however, that the Adair's Patent, In re. (P.C.)........ ... .... .......... 746 times named in this notice are not such as will be strictly Corporation of Rochdale v. Justices of Lancasare (Q.B.Div.) .. 757

adhered to, but only indicate the maximum period in Harmon v. Park (App.) ........

750 Hopkins, In re. Williams v. Hopkins (Ch.Div. Fry, J.)... 752 each case beyond which the delivery of certificates and Jones, Ex parto, In re Jones (A


transcripts will not be delayed. Napier's Patent, In re (P.C.).

745 Queen, The, v. Most (C.C.R.) .... Saffery, Ex parte, In re Brenner (

749 Rule v. Jewell (Ch.Diy. Kay, J.). Wormald v. Muzeen (Ch.Div., Éry, J.) .......


IT WERE HEARTILY to be wished that the Lord Chancellor, freed from the temptation to ruin the fair creations of his own hand, would direct his attention

to the task of completing the structure which he has CURRENT TOPICS.

done so large a part in building up. On the one hand we cannot look for any machinery which is likely to

work more smoothly, easily, and steadily than the Court IT DOES NOT CLEARLY APPEAR from the Lord Chan- | of Appeal as at present constituted. On the other hand, -cellor's statement in introducing the Judicature Act notwithstanding the variety and multiplicity, both of its Amendment Bill, on Tuesday, whether the Master of judges and its business, the Queen's Bench Division has. the Rolls is to cease to be a member of the High Court since Lord COLERIDGE's reform, dealt with its work, on of Justice, so as to enable a new judge of first instance the whole, with great success. But there remains in to be appointed in his place. “The Master of the force the curious arrangement by which it still acts in Rolls,” he said, “would be-he did not say transferred part as a Court of Appeal from itself ; and the other not

- but confined to the Court of Appeal.” It is to be less singular peculiarity, that only groups of from two to presumed, however, that it is intended to appoint a new three judges at Westminster can do what one judge is judge. If this is not done, and the number of judges competent to do at Lincoln's-inn, a peculiarity which in the Chancery Division is to be practically reduced to goes even to the extent that the same judge who four, this reduction, combined with the frequent absence has feared to sit alone at the one place during the on circuit of at least one of the four judges, will un legal sittings, boldly encounters the responsibility of doubtedly reproduce long lists of arrears.

sitting alone at the other place during the vacation. For the loss of labour and of time produced by the latter

peculiarity, it may be doubted whether any cure IT IS TO BE OBSERVED, that although the Lord Chancellor will be effectual but change of place. But the has doubts as to the power conferred by the Act of 1877

former might be, without difficulty, remedied by to appoint a successor to Mr. Justice Fry, he has

adding to the duties of the Court of Appeal that of hearing already acted upon the power supposed to be given in

ull appeals of whatever kind, from every tribunal presided appointing Mr. Justice Kay. We presume that the new

over by a single judge of the High Court. That the Bill will contain an indemnity in respect of that ap

number of the Court of Appeal would need to be increased pointment.

is possible-perhaps even to the full number of nine originally contemplated; but the extra cost to the nation

would be amply saved by relieving the judges of the High The CONVEYANCING and Law of Property Bill, which, Court from the necessity of constantly sitting in double it will be remembered, we recently discussed at consider- and treble strength, as a kind of passage to the Court



of Appeal, and relieving suitors from the necessity of or negligence, and there must be an insurance on foot at passing not only a double, but sometimes a treble gate, the time of the application to the court in conformity as not unfrequently happens when questions of new trial, with the covenant to insure. In Quilter v. Mapleson, the misdirection, and judgment are mixed up, before they policies effected by the tenant MAPLESON expired op can rest from their labour of litigation. To say nothing the 25th of March last, subject to the usual fifteen days' of this, that the more such multitudinous courts are disa grace. The tenant was in America, and no premiums were continued, the more is that habit of mind likely to die paid to keep alive these policies or to effect new policies out which drives learned judges with such an im immediately upon their expiration ; but the tenant on the perative instinct into one another's society upon the 14th of May effected new insurances for three months bench.

| in conformity with the covenant, and the policies were

post-dated to the 25th of March. The tenant alleged that

he had arranged with the insurance companies that the old THE ATTENTION of persons interested should be directed

policies should not lapse by reason of the non-payment to Dyson, Appellant ; London and North-Western Rall.

of the premiums due in March. Upon this point Lord way Company, Respondents (29 W. R. 565, now at length

COLERIDGE considered that the result of the evidence reported in this month's issue of the Law Reports,

was that “no doubt there was an understanding in 7 Q. B. D. 32), the short result of which is, that the

honour,' that the directors would issue the policies when well-known bye-laws of railway companies providing

the premiums were paid, and that the policies, when for the fining of, and the recovery of extra fare from,

issued, should cover the theatre from the 25th of March; passengers failing to show their tickets, cannot be

but there was nothing to show that there was anything enforced, even in a case where an intention to defraud

more than an understanding,' to which the directors has been found as a fact. Numerous cases, of which

were no parties whatever, and no instance was mentioned Dearden v. Townsend (14 W. R. 53, L. R. 1 Q. B: 10)

in which, in a similar case, such an understanding had is perhaps the best known, and Saunders, Appellant ;

been held to bind." If this is so, it is obvious that a South-Eastern Railway Company, Respondents (29

breach of covenant had been committed. The premises W. R. 56, L. R. 5 Q. B. D. 456) is the latest, had de.

were not “insured " in the proper sense of the term cided that theee bye-laws were “bad," on some ground

during about a fortnight. It cannot be said or other, in the case of an innocent infringement of

that an “understanding" with an insurance company, them, but the case to which we refer is the first instance

based on no consideration, is an insurance within the of a conviction being questioned where fraud was found.

meaning of a covenant to keep premises insured. The The court observed that it would be still open to the

only question, therefore, was whether the omission to incompany to proceed against the same defendant under

sure had arisen through accident or mistake, and without the 103rd section of the Railways Clauses Act, for “travel.

gross negligence. This point Lord COLBRIDGE seems, from ling without having paid his fare, and with intent to

the report in the Times, to have dismissed rather sumavoid payment thereof." It may be observed that, in

marily. “Under the statute," he said, “ the defendant Dyson's case, the court disapprove of the dictum of

would not be entitled to relief, because the facts being COCKBURN, C.J., in Saunders, Appellant ; South

as stated-he having gone away to Amuriva witnout Eastern Railway Company, Respondents, to the effect I leaving any funds to kee

| leaving any funds to keep the insurances--the condi. that section 108 of the Railways Clauses Act, from

tions under which the courts of equity were enabled to which a railway company derive all their power to make give relief have not been satisfied. The effect of this bye-laws, applies only to the cases where the line is

would seem to be that it is "gross negligence" to trust worked by another than the owning company. Look- l to the honour of an insurance company. ing to the use of the word “generally " in that section, we incline to think the dictum of COCKBURN, C.J., wrong, but it is material to point out that it has not been expressly overruled, and that if it be

THE DECISION in Suffield v. Bank of England, ou law, it renders the whole code of railway bye-laws

Monday last, to the effect that the bank is bound to pay practically useless. Also it must be noted that in

notes of which the numbers have been altered (which one of the earlier cases, Brown v. Great Eastern

seems to be good law) must, sooner or later, give rise to Railway Company (L. R. 2 O. P. D. at p. 409),

the serious question whether anything can be done by there is a dictum of LUSH, J., that the common

the Legislature to assist the bank and the mercantile form bye-law is not bad because it does not impose a

public in tracing stolen notes, and this question is one to specific penalty, and that in London and Brighton Rail

which the Committee on the “Stolen Goods Bill" may way Company v. Watson (27 W. R. 614, L. R. 4 C. P. D. weli direct their attention. The present process 119), while BRETT, L.J., was of opinion that it was re

“stopping payment” is lame in the extreme. The owner pugnant to the statute and therefore bad, BRAMWELL |

of notes lost or stolen pays through his baukers (from and COTTON, L.JJ., “desired it to be understood that

whom, if he had the notes from them, he may generally they expressed no opinion either one way or the other

learn the numberg) a fee of half-a-crown, in return for on that matter." All which considerations seem to point

| which the bank will “stop” any number of notes. But to the desirability of some definitelegislation on the subject.

the term “stop” is a misnomer. What the bank does It may be suggested as just and reasonable that while the

is not to refuse payment of the notes (otherwise it would passenger innocently travelling without a ticket should

be liable to countless actions upon its promise to pay be required to pay a small additional percentage on his

bearer on demand), but to inform the person paying the fare, the common cheat should be liable to three days'

half-a-crown that on a particular day a particular stopped imprisonment with hard labour, without the option of a

note was presented by a particular bearer, almost infine, for the fine of not more than forty shillings is

variably a bank (in which case the aggregate amount surely an inadequate punishment for this class of

paid in on the same occasion is stated), and paid. In offender.

very few cases indeed does the bank risk an action by the bearer, and probably in those cases the true owner has

indemnified the bank from loss. What seems to be A NEW QUESTION arose in Quilter V. Mapleson, on desired is, that some more effective process should Monday last, as to the effect of the section of 22 be defined, and that it should be incorporated & 23 Vict. c. 35, enabling relief to be granted against 'an Act of Parliament. It might be provided, for inforfeiture for breach of a covenant to insure. The con- | stance, that the true owner of notes, known to have been ditions on which according to that statute relief may be either lost or stolen, should be entitled, on making a given are well known. No loss by fire must have

088 by fire must have | affidavit of the notes and of the circumstances of the happened; the breach must have been committed by loss, on entering into a recognizance to prosecute; accident or mistake, or otherwise without gross fraud on payment of a reasonable fee, at once to ou

to obtain

Government aid towards recovering the notes. This so sat frequently. When, therefore, the Lord Chancellor aid could be given (inter alia) by immediate and proposes to confine the functions of the Master of the systematic advertisements of the numbers of the notes, Rolls to that court, and for that reason finds it unneces. and by indemnifying the bank against actions in the sary to fill up the place of the most powerful and most majority of cases.

experienced of the Lords Justices, he cannot be said to be making a fresh appointment, or really to have provided

for the vacancy. The places, however, once nominally, THE DEATH of Mr. CHARLES CLARK, Q.C., who was the

though seldom really, filled by the Chief Justice of the

Common Pleas and the Chief Baron, are now to be father of the present generation of law reporters, severs

occupied by the President of the Probate Division, another link with the past. Called to the bar in 1830

who comes fresh from the trial of testamentary and he had attended the appellate sittings of the House

matrimonial causes in that shy corner of our judicial for thirty-one years, and had actually reported de.

system to assist in the.constitution of a court which is cisions of the year 1827. Mr. CLARK's courtesy and geniality endeared him to all those who came in

henceforth to take appeals from his own division. Still,

however, there remains a vacuum the extent of which, contact with him, while his long experience of the

after these migrations, it is perhaps a little difficult to House always invested his conversation with interest. It is worthy of note that he reported decisions of Lords

estimate, and which the Lord Chancellor proceeds to fill ELDON and REDESDALE, and that his reporting career

up somewhat in the method of a sheriff who summons

the talesmen to fill up the gaps in a special jury. Two extended from the first chancellorship of Lord LYND.

judges of the High Court are, it seems to be elected HURST to the second chancellorship of Lord SELBORNE.

yearly by their brethren, who, under what induce. ments and with what circumstances is not quite plain, are to be called upon on occasions to join

the ranks of the Court of Appeal. We will not specuTHE PROPOSED CHANGES IN late on the method and the grounds in and upon which

this extremely invidious election is to be decided; THE COURT OF APPEAL, whether the post of talesman is one to be sought or to WHATEVER differences of opinion may have existed as to

be avoided, to be competed for or to be exchanged against, some provisions of the Judicature Acts and Orders, there

whether it is to be given on considerations of age, or of is one point on which a striking unanimity has prevailed.

freshness of mind, or of knowledge of law, or of exThe public and the profession have alike congratulated

perience, or of weak health, or of seniority in the serthemselves on the possession of a Court of Appeal, power

vice, or of most recent appointment. In whatever way, ful in the weight of its individual members, and in whose

and by whatever fluctuating methods and views, this decisions, whether winning or losing, they can at least

question may from time to time be determined by the acquiesce. At first, indeed, it was felt that a court of a

electoral constituency of judges, it is at least certain that composite character, such as was constituted by the

it can only be by an exception that the judgments of Judicature Act, was not satisfactory; and it was impos

the occasional players will be regarded in the same way sible to avoid, though most inconvenient to allow, a

as those of the regular company. We have heard of comparison between its permanent and its transitory

late much, perhaps too much, of the dignity of judges, elements. But after this defect was remedied by the

a dignity which when construed meant a place in the Appellate Jurisdiction Act, 1876, and all the judges of the

Court of Appeal; but the gift of dignity thus made will Court of Appeal were placed on the same level, the only

hardly be acceptable except to judges who do not know objection vanished ; and the public were well content

a stone from bread or a scorpion from a fish. that judges who were, in effect, the six best men to be found should form the court whose judgment should finally decide all matters short of those whose magnitude and importance carry them to the House of Lords. WHAT CONSTITUTES A Since the extinction of the offices of Chief Justice of the Common Pleas and Chief Baron of the Exchequer, there

CONVERSION ? is the more reason for regarding this arrangement with The history of the law with regard to actions for tortious favour; for men of the first rank who would formerly interference with the right of property in goods affords have looked to the chiefships must now be content with a very good illustration of the rigidity of our common and will therefore occupy, seats in the Court of Appeal; i law in former days, and also of the difficulty there is in and all that could bave been desired would be that the thoroughly eradicating the influence of ancient forms functions of the court should have been enlarged, and even under a more enlightened and flexible system. The that the emoluments of the office should have been more ancient action of trover was based originally upon a ou a par with its relative rank. With such resources to fiction, a fictitious finding or a fictitious bailment being draw upon, with a choice neither limited to the class of supposed antecedent to the conversion complained of ; and judges of the High Court, nor exclusive of them, there | though these fictions have long been dropped, difficulty can, it seems manifest, be no difficulty in filling up in a has still arisen, because the conversion may be fictitious perfectly satisfactory manner, not only six places in the also in one sense—that is to say, the wrong actually com. Court of Appeal, but even the entire number of nine plained of may not be a conversion to the use of the originally contemplated; provided only that political defendant at all in the natural sense of the words. The services are not allowed to weigh too heavily, and that result is that, as must necessarily happen when words are mere length of service in the High Court is not sup diverted from their natural meanings, it becomes difficult posed to entitle to a kind of emeritus appointment to to say at last what is included in the term “conversion." the Court of Appeal.

In consequence of this uncertainty there have been It is, then, almost with the surprise of thunder in several cases in which the judges have differed in opinion a clear sky that the ears of the public have been as to what constitutes a conversion. struck by the Lord Chancellor's proposal to re-model the The recent case of Glyn į Co. v. The East and Court of Appeal by depriving it of what has given it West India Dock Company (29 W. R. 316), a case in weight and steadiness, and endeavouring again to con which Bramwell and Baggallay, L.JJ., dissentiente Brett, struct a copy of the least valuable and stable part of LJ., overruled Field, J., is an instance of the difficulty the image in Nebuchadnezzar's dream. Of all the judges that we refer to, though the leading case on this who were ex officio members of the Court of Appeal, the question is Hollins v. Fowler (L. R. 7 H. L. 757), only one who has sat with any considerable frequency is a case in which the opinions delivered by the judges in the Master of the Rolls-and the Master of the Rolls has I the House of Lords almost exhaust the subject. We do

not propose to go into the details of these cases or the put by Bramwell, L.J., in Glyn & Co. v. East & West other more or less conflicting authorities on the question India Dock Company, of goods of one person stolen or what constitutes a conversion. We are rather disposed | taken by mistake by another person, and by him delivered to suggest that the whole controversy is obsolete, and to a carrier to be carried to a distance, and then delivered that the substantial questions that were involved in the to a third person, and so carried and delivered accord-old discussion ought now to be fought out on other lines. | ingly. The learned Lord Justice says that the carrier

It is common knowledge acquired by every student of clearly would not be guilty of a conversion, but we do not law in reference to the origin of the action on the case think the case of a carrier is a good one to select, because that the old common law provided certain definite forms the carrier may be entitled to a special protection, being of action. The actions provided with regard to obliged to carry goods offered to him for carriage. We tortious interference with the right of property in would rather take the case of an innocent bailee, not enchattels were trespass, trover, and detinue. The idea titled to any special protection, who does some act to of the action of trover was of goods not actually goods of a nature such as their carriage to a distant place, seized while in the owner's possession, but found or but not meaning to assert any title or right of dominion bailed and afterwards tortiously converted by the finder | antagonistic to the true owner's title. The question or bailee to his own use; and by the very hypothesis arises, Has there been a “conversion to his own use" ? on which the action was based, the measure of It will at once be apparent what the second or substantial damages was the value of the goods. This being the question is from the instance we have given-viz., how form of action, the next question is, what are the facts far a dealing with a person's chattel in ignorance of his that can be fitted into it-in other words, title by the direction of another, and in the bona fide belief what facts are evidence of a conversion ? With of such other's title is, in the absence of negligence, regard to that question the course of things is, as might tortious as against the true owner if damage thereby be expected, this. Legal experience constantly shows accrues to him. that the mould or form of action is by no means suited The two questions are dreadfully confused together to all the requiremerts of real life, and to meet all the ex necessitate rei under the old law, but they really do cases of injuries to the right of property in chattels. not seem to bave ony necessary connection with one It is consequently every now and then more or less another. The decisions with regard to conversion have stretched by judges desirous of doing justice. The re- heretofore exhibited two different points of view. One sult is that attempts are made to stretch it still is that, as a general rule, every exercise of dominion further, but then the divergence from the natural mean over a chattel without the authority of the true owner, ing of words becomes too glaring, and other judges re- whereby the true owner's enjoyment of the chattel is sist the tendency towards expansion. A struggle is lost or substantially derogated from, is a conversion, apparent in the course of the decisions, and the although, in one sense, there may be no conversion to meaning of the word “conversion" fluctuates the use of the defendant, and no intention on his part and becomes uncertain, the opinions of the in derogation of the plaintiff's title, of which he may the judges tending sometimes one way sometimes the be necessarily ignorant. Every act done to a chattel, other. The opinions of Blackburn, J., and Brett, J., in except some trifling acts which do not substantially alter Hollins v. Fowler in the House of Lords, and the judg the condition of the thing, is pro tanto an exercise of ment of Bramwell, B., in that case in the court below, dominion over it, and if it causes or conduces to the loss and his judgment in Glyn & Co. v. East and West India of the chattel by the plaintiff, or deprives the plaintiff of Dock Company, are most instructive reading, as show the full enjoyment of it, may be said to be a conversion. ing the nature and scope of this controversy. It is This is one point of view. The other seeks ratlier to difficult to summarize the views thereia expressed with narrow the meaning of the terms “conversion to the regard to the points at issue, but it seems to us that there defendant's use” in the interests of the innocent bailee. are involved two questions, one of which is a question of Its holders seem to say, if we rightly understand it, that form, the other one of substance, and the two became conversion implies some act in derogation of the plainmixed up together in the discussions about what con- tiff's title in assertion of a title inconsistent therewith; stituted a conversion in such wise, that the formal and that a bailee who, without any knowledge whatever uf technical question much obscured and confused the sub. the true owner's title, merely fulfils the mandate of the stantial one.

party who has bailed the chattel to him cannot be We will endeavour to state what, in our opinion, the supposed to assert any title inconsistent with the plaintwo questions are. To begin with the question of form. tiff's, or to convert the goods to his own use. The action of trover was an action in which the alleged] Let us illustrate the extreme difficulty that arises grievance was that the defendant had converted the between these conflicting views by instances. A person plaintiff's goods to his own use. The question thereupon who has stolen goods bails them to another (we will not arises, what acts amount to a conversion of goods to a say a common carrier) to be carried to a distant place, person's use ? The answer made by the text-books is and then delivered to a third person. The bailee pertoo vague to be of much use. Some such expression is forms the mandate in ignorance of the true owner's title. generally used as, that any exercise of dominion incon- Again, the stealer of goods bails them to another person sistent with the plaintiff's right of property in the goods to be taken care of at the place of such bailment until is a conversion. That is very much like answering a application for their re-delivery. The bailee performs question by stating it again in more elaborate terms, the mandate in ignorance of the true owner's title. Are because the question immediately arises, what exercise of both, or is either of these cases, a case of conversion by dominion is inconsistent with the plaintiff's right of the bailee? We have selected these cases because they property ? Some acts obviously do not amount to an | seem to us to be illustrations of the way in which the exercise of dominion, as if I pat a man's horse as it two questions of form and substance are confused stands in the street; while some obviously do, as if together by the question of conversion. We do not I drink a man's wine. Some acts, again, are on know that they are the best illustrations that could be the line. A man may do acts which may fairly be de- selected, but we think they may suffice to give an inkling scribed as the exercise of dominion over property without of our meaning. The cases are not, to our mind, necesthe authority of the owner, but it may be doubtful how sarily identical in point of justice, but to make the far they can be said to be inconsistent with his rights of whole question one of conversion may render it difficult property. For instance, a man without negligence, in to give effect to any distinction between them. ignorance of the true owner's title, may become bailee It seems to us that under the present system of law of goods from a person who has no title to them, and and pleading, which knows nothing of forms of action, to proceed to do acts of dominion to the goods which may, make the question whether there has been a conversion more or less, prejudice the true owner. Take the cases or not, is oftentimes to apply a wholly obselete test.

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