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Wheeler, Charles Henry, Birmingham, Builder, Sept 2 at 3 at, AMPTON & SONS make NO CHARGR for offices of Bradley, Ann st, Birmingham
inserting particulars in their FREE MONTHLY REGISTER Whittington, John, Saltburn-by-the-Sea, Builder. Sept 2 at 11 at
of ESTATES, TOWN and COUNTRY HOUSES, Furnished or offices of Robson, Linthorpe rd, Middlesborough
Unfurnished, or for Sale, to be had GRATIS at their Offices, or Wicks, Fanny, Algernon rd, Kilburn. Sept 2 at 2 at offices of
post-free for two stamps. Published on the 1st of the month, and Andrews and Mason, Ironmonger lane, Cheapside
particulars for insertion should be sent not later than ive days Willis, Thomas Harrison, Deritend, Birmingham, Grocer. Sept 2
previous to end of preceding month. at 12 at offices of Cottrell and Son, Temple row, Birmingham
Valuations for Probate and Transfer. Surveys.
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AUCTION ROOMS Red Lion Hotel, Luton
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W that the above rooms are open daily for the reception of
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Valuations for Probate or Legacy Duty, or for Public or Privato
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Chairman-JAMES Cuddox, Esq., Barrister-at-Law, Goldsmith. ZONES: AND THAT THESE HAVE BEEN ESTIMATED
building, Temple. AS FIVE IN NUMBER-VIZ., ONE TORRID, TWO Deputy-Chairman-C. PEMBERTOX, Esq. (Lee & Pembertons), Soliei. FRIGID AND TWO TEMPERATE IN THE YEAR
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During the past year (1880) each main item has shown improvoReferences to Members of the Legal Profession. Terms on appli.
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nd LONDON and
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EDE AND SON ROBE TO MAKERS
THE CHURCH PREFERMENT GAZETTE
(isened Monthly), containing full particulars of Advowsons, Présentations, &c., for Sale, together with useful advice to pur. chasers, should be referred to by every purchaser. Edited by Mr. w EMERY STARK (Associate Institute of Actuaries, F.R.G.S., &c.).-Address (enclosing six stamps), Messrs, W. EMERY STAEK3, Bedford-street, Strand,
THE CITY OF LONDON FIRE INSURANCE
Claims promptly settled.
LONDON, SEPTEMBER 3, 1881.
THE DISCUSSION originated by “ W. B." in the columns of the Times on the subject of the constitution of the Court of Appeal appears to have, at least for the
present, come to a conclusion with the challenge by CONTENTS.
“B.” to Mr. Justice WILLIAMS to “name a few in.
stances, say half-a-dozen to begin with," where “a gross CURREXT TOPICS ...
817 miscarriage of justice has taken place," " and whether THE LAW OF LICENSING ...
any of those miscarriages have been set right by the RECTIFICATION OF THE REGISTER OP TRADE-MARKS .......... 820 House of Lords, and if not, why not.” Mr. Justice ILLEGAL ENTRY UNDER THE 5 Ric. 2, 0.8 ....
WILLIAMS observes that “B.” has “carried away a CASES OF TIE WEEK
different impression" from that intended to be conveyed Adams v, Army and Navy Hotel
in his letter, and probably other members of the profes. March v. Swinburne
........ 822 Hutchinson v. Hutchinson ...
sion have fallen into the same error. His statement was In ro Harvey, Harvey v. Lambert.......
“ not confined to a particular appellate court," but the SOCIETIES ..........................
principal case present to his mind was a House of Lords
............ 823 THE COURT OF APPEAL....
824 case in which the decisions of both courts below were OBITUARY.
824 reversed, while he is prepared to furnish “B." with LEGAL APPOINTMENTS .........
the references to the other cases present to his mind COMPANIES ..................
825 | when he is again “ within the reach of books." This CREDITORS' CLAIMS............
825 explanation appears to clear the Court of Appeal from LEGISLATION OF THE WEEK ....
the supposed impeachment of the learned judge, since, LONDON GAZETTES, &C., &C........
if the decision of the House of Lords in the case in PUBLIC GENERAL STATUTES.
question was correct, the error of the Court of Appeal
was shared by the court of first instance, where the CASES REPORTED IN THE WEEKLY REPORTER. judges had the necessary " thorough practical acquaintBarkshire v. Grubb (Ch.Div. Fry, J.) .........
ance” with the course and incidents of trials. In the Briggs, In re. Briggs v. George (Ch Div. Fry, J.) ........ 925 opposite view, the fault would rest with the House of Briggs v. Massey (Ch.Div. Fry, J.) ..........
926 Lords ; but surely Mr. Justice WILLIAMS does not think Browne, Ex parte. In re Maltby (App.) ......
921 | it necessary for the Lord Chancellor and the Lords of Buckley, Ex parte. In ro Buckley (App.) ..................
Appeal to acquire or maintain a knowledge of practice Burgess v. Northwich Local Board (C.P.Div.)....
| by acting as judges of assize.
A PARAGRAPH is going the round of the papers which Canada) (P.C.) .....
........... 917 Whitchurch, Ex parte (App.)....
says that "the new Judicature Act has caused a stoppage
922 Willoughby, Ex parte. In re Westlake (Bkcy.)...........
in the Master of the Rolls' Chambers which was not 934
foreseen ; that a large number of orders which require the signature of the Master of the Rolls cannot be passed
as there is now no Master of the Rolls as a judge of CURRENT TOPICS.
first instance, nor a substitute for him to sign them." Surely there must be some mistake here (it is well known,
to solicitors at least, that orders are not signed by the THE FOLLOWING are the officers of the Irish Land Com.
judge in chancery, but we pass over the inaccuracy in mission, so far as at present constituted :--Commissioners
the language); all orders made in chambers during the -Mr. Serjeant O'HAGAN, Mr. E. F. LITTON, Q.C., and
vacation are made in the name of the Vacation Judge, Mr. J. E. VERNON; Assistant Commissioners—Mr. J.
and any order dated in vacation, although made this GREEN, Q.C., Mr. R. REEVES, Q.C., Mr. J. H. MỌNAGHAN,
year in the chambers attached to the Master of the Q.C., Mr. R. R. KANE, and Mr. J. GIVAN; Solicitor-Mr.
Rolls as a judge of the High Court, should not, and as G. D. FOTHERELL; Accountant-Mr. A. J. PHIPPS;
a fact does not, require that Sir Geo. JESSEL should still Secretary (pro tem.)-51r, M. O'BRIEN,
be a judge of the High Court for orders to be made by the chief clerks who were lately attached to him if made
after the 9th of August. Any order made before that THE PRESENT LONG VACATION will be momorable as the date which requires, not the signature, but the existence, first in which sittings have been held upon every day in of a judge to support it must wait for a time. The Act the week, and if Mr. Justice WILLIAMS had not come to provides that the successor of the Master of the Rolls the rescue of the chancery list on Wednesday, the shall be appointed "immediately after” its passing, and arrears would have been still more serious. Mr. Justice this appointment will not be long delayed. After it is Cave explained last week that there had been some mis- made it will have to be supplemented by an order transapprehension as to the practice in judgment summonses, ferring all the causes, &c., of the late Master of the and that leave would be granted to have them made Rolls to his successor as a judge of the High Court returnable forthwith wherever the creditor would lose attached to the Chancery Division and having chambers, his remedy through the matter standing over till the end of and if that successor should be Mr. Justice Kay, the the vacation. This announcement will be a relief to the causes now transferred to him “for the purpose of minds of many creditors, but since judgment summonses hearing only" must by the sume or another order be can seldom be disposed of very quickly, it is to be | transferred to the new judge who shall succeed Mr. feared that the precedence given to them will aggravate Justice Kay. The necessity for these orders has not the "block" which exists in the ordinary business of been lost sight of, and they will be completed as soon as the vacation.
possible after the occasion arises,
THE ATTORNEY-GENERAL'8 replies to Baron De WORMS'S ments we must refer to the Criminal Law Consolidation question as to Mr. LEWISOHN'S right, as a British Act, 1861, which will be found to be fairly explicit, subject, to claim asylum and protection from our though perhaps scarcely sufficiently severe. By sections ambassador at St. Petersburg, in the event of another 28 and 29 of 24 & 25 Vict. c. 100, the maliciously causing attempt by the Russian authorities, without any violation bodily injury by explosion is punishable by penal on his part of the laws of Russia, to expel him from that servitude for life, and by section 45 of 24 & 25 Vict. country, were not much mora satisfactory than the c. 97, and section 30 of 24 & 25 Vict. c. 100, the previous statements of Sir CHARLES DILKB. Sir HENRY maliciously placing explosives in or near a ship or building JAMES pointed to the absence of any precedent for the is punishable, whether an explosion takes place or not, statement by a law officer of advice which had been by penal servitude for fourteen years; but under both given to a department of Government, and the impossi. these latter sections there must be an intent to do bility of his pledging himself as to the advice which he injury, or else the crime is not committed. In any of might give in a possible contingency. He also declined the above cases, the offender, if a male under sixteen to define “ the extent to which an ambassadorial right of years, may be whipped. Considering the character of asylum may, in the present day, be justly exercised," the offence, we do not see why the whippings should but thought it “much more advantageous that the rights be restricted to such very young persons, and it is worth of the subjects of this country should be protected by considering whether the possession of infernal machines appealing diplomatically to the sense of justice of foreigu “ without lawful authority or excuse, proof whereof Governments, rather than resorting to the physical pro should lie on the party accused," should not, following tection of that asylum within a minister's house." Mr. the analogy of certain coinage offences, be madu aa LEWISOHN has not, as yet, derived much advantage from indictable offence punishable by penal servitade for life the appeal to the sense of justice" of the Russian Government; but the Times now states that the Russian Government has permitted him to pay “a temporary
IN ACTIONS for compensation for personal injuries the visit” to Novgorod, where he had been last year heforo
most extraordinary claims under the head of consequenhis expulsion from St. Petersburg. This special per
tial damage have sometimes been set up, although they mission in, however, a very different thing from the
have been always discouraged and ridiculed by judges. general rights of a British subject, for which Lord
Thus in Priestly v. Maclean (2 F. & F. 288), Sir WILLIAN GRANVILLE has contended on his behalf.
ERLE observed, “Supposing a lady to have been injured and disfigured in a railway accident, she could not say
that she ought to recover damages because she was preTHE LAW of the manufacture, storage, conveyance, vented from going to a ball at which she might have and employment of explosive substances possesses a met a rich husband." The case there supposed appears peculiar interest at the present time. The Explosives to have actually arisen in America, for in Hanover Rail. Act, 1875 (38 Vict. c. 17), deals with the manufacture, / way Company v. Coyle (55 Peng. 396), a young lady who storage, and conveyance of “gunpowder, nitro- | had been injured and disfigured claimed additional glycerine, dynamite, gun-cotton, blasting powders, ful. damages“ because the prospects of her forming a matrimipate of mercury or of other metals, coloured fires, and monial alliance were diminished," and she appears only every other substance, whether similar to those above to have failed “ for want of evidence, and because the mentioned or not, used or manufactured with a view to claim was not laid at special damage." We also learn produce a practical effect by explosion or a pyrotechnic that an actress who has been injured by a carriage aceffect.” Under this Act (sections 5 and 39), the penalty cident and has lost the tip of her nose, though otherwise is no less than one hundred pounds a day for manufac- | uninjured, is now suing for damages in a French court, turing explosive substances at an unauthorized place. on the ground that her diminished attractions have reBy sections 35 and 39, railway and canal companies are duced the amount of salary which she is able to earn ; bound to make bye-laws regulating the conveyance of but here the pecuniary loss, though not the direct explosive substances. The bye-laws under these opact consequence, may no doubt be considered a necessary ments which are now, we believe, universally adopted by consepuence, of the injury. all companies, may be found in (Hodges on Railways), 6th ed., p. 978. By bye-law No. 2, “No person shall send to a company any consignment of explosive, unless he has given to the company forty-eight hours' previous notice in writing of his intention to send such consign
I. ment, and stating the true name, description, and quan. tity of the explosive proposed to be conveyed, and his
NEW LICENSES. own name and address, and also the name and address THERE are required by law game licenses, dog licenses, of the proposed consignee, and has had an intimation licenses to keep male servants, and many other licenses, from the company that they are prepared to receive such but of late years the law of licensing the sale by retail consignment” ; and by bye-law No. 15, may refuse to of intoxicating liquors has occupied so much of the receive or may open any packages suspected to be sent attention of the profession and the public, that the liquor in contravention either of the Explosives Act or of any license has become the license par excellence. It is of the bye-laws. As to importation of dynamite, gun. now nearly ten years since the “Licensing Act, 1872" cotton, or any explosive other than gunpowder, it is pro. (35 & 36 Vict. c. 94), amended “the law for the sale by vided by section 40, sub-section 9a, of the Explosives Act retail of intoxicating liquors, and the regulation of that the master of any ship having on board any such public-houses and other places in which intoxicating explosive shall not permit the same to be unloaded and liquors are sold," and made “ further provision in delivered to any person who does not hold a licence to respect of the grant of new licenses for the sale of import the same from the Secretary of State. It had intoxicating liquors, and the better prevention of previously been provided by the Merchant Shipping Act, I drunkenness." That Act was followed in two years by 1873 (36 & 37 Vict. c. 85), 8. 25, that the master of any the Licensing Act, 1874, and in the course of last year vessel, British or foreign,“may refuse to take on board by the Beer Dealers' Retail Licenses Act, 1880 (43 Vict. any package or parcel which he suspects to contain c. 6). The first of these Acts created a new kind of goods of a dangerous nature, and may require it to be license, called the “ provisional license," which allows s opened to ascertain the fact.” Such are the more license to be applied for before premises proposed to be important of the preventive enactments on the subject, licensed are actually built, and otherwise mitigated the which do not, however, deal with criminal handling, pro severity of the Act of 1872. The latter of these Acts perly so-called, of explosives. For the punitive enact- once more set the legislative machine in the direction of
THE LAW OF LICENSING.
severity by giving the justices discretion to refuse the paper circulating in the neighbourhood on some day "beer dealers' retail beer license."
not more than four nor less than two weeks prior to the Neither of the Acts makes any attempt at consolida application, Cases, of course, must frequently happen tion, and with the exception of the consolidation of the where there is a failure to comply with all those minute police clauses, which was effected by the Act of 1872, directions as to notices, and the question arises there has been no consolidation of the Licensing Acts whether such failure is or is not fatal to the appli. since some score of statutes on the subject were cant. As we shall presently see, the absolute discre“ reduced into one Act" by 9 Geo. 4, c. 61, in 1828. tionary power of the justices to grant or refuse & Since that Act there have been passed so many amend-new license makes such an inquiry unnecessary in event ing Acts, and the controversies amid which they have of the licensing court being inclined to refuse an applibeen passed have been so exciting, that the whole law cation. The licensing justices may refuse without has passed into a state of confusion—the natural results rendering reasons--à fortiori, therefore, they may refuso of a series of oscillations from severity to relaxation, and upon the ground of any, even the slightest, defect from relaxation to severity.
in the notices. But, assuming that the licensing We propose to examine the leading branches of justices are inclined to waive the objection on the licensing law under the three heads of “New Licepses," ground of informal notices, have they jurisdiction to do “Renewals," and " Transfers," and to devote the present Bo? This is a far more difficult question. Upon the article to the consideration of new licenses properly so whole, we think that a license granted after informal called. We say properly so called, because in one sense, or bad notices might be brought up on certiorari and and perhaps in the popular sense, a renewed license and quashed, but that, so long as the license remained a transferred license is also a new license. The renewed | in force, no conviction could be obtained for selling license is a new license in law, because in law (see 9 without license. The general question-long a doubtful Geo. 4, c. 60, 8. 13) every license continues in force for one-whether a penalty for sale without license can one year only. The transferred license is a new license be incurred by the holder of a license which is void because, in fact, the holder is a new person.
from an irregularity in the jurisdiction of the justices The new license, properly so called, is the license who granted it, appears to have been answered in attached to a house which has not before been licensed. the negative in Stevens v. Emson (L. R. 1 Ex. D. 100). But Its distinguisbing marks are, that the grant of it that case is distinguishable on the ground that in it the requires to be confirmed by a further court of justices, irregularity in the jurisdiction of the justices could not while from the refusal to grant it there is no appeal. have been known to the license-holder, whereas an Tho statutory definition of it is provided by section 32 | irregularity arising from informal notices would be ex of the Act of 1874, which prescribes that a “new necessitate within his knowledge, for it would be license" “means a license for the sale of any intoxi. himself who would have given the notices in question. cating liquor granted at a general annual licensing | The point, therefore, though touched by Stevens v. Emson, meeting in respect of premises in respect of which a is not concluded by it. similar license has not been theretofore granted."
We now come to the hearing. This is governed by A curious question arises upon the construction of the the Licensing Act, 1828, s. 1, et seq., and by the Licensing interpretation clause. Does “has not theretofore been Act, 1872, ss. 36 and 37. Any person whatever, as far granted” mean “has never theretofore been granted” or as we know, has a locus standi to oppose the grant. The has not been granted at the annual licensing meeting justices have jurisdiction, under 14 & 15 Vict. c. 99, 8. 16, immediately theretofore held ? In other words, is a to take evidence on oath, but they are not bound to do dropped license a lost license, or has the owner of a 80 ; and in practice grants are, we believe, frequently house to which a license has in any prior year been opposed by means of a petition. In the whole conduct attached, but for which no renewal has been applied for, of the hearing very great latitude is given by law to the the privileges of an applicant for renewal ? This is a licensing justices, and their powers and course of practice question which, as far as we know, has not come before a are little touched by statutes or cases. Three points however court of law. On the whole we think that unless the are absolutely certain. First, the justices must give the aplicense has been continuously kept up, the privileges of plicant a hearing (Reg. v. Walsall Justices, 1 C. L. R. 100) renewal lapse, and that a newlicense must be applied for. Secondly, the justices must give his opponents (if any) a If "theretofore" is to have the wide sense of " at any hearing to this extent at least—they must hear, if time theretofore," there is no reason why the privileges of tendered, evidence to the effect that the number of exist! renewal should not be claimed by the owner of a house ing public-houses is sufficient for the requirements of which was licensed fifty years ago, but which has been in the public (Rey, v. Lancashire Justices, 19 W. R. 203, fact closed for business purposes for fifty years, and by L. R. 6 Q. B. 93). Thirdly, the parties having been). reason of the closing of which other licensed houses, with heard, the justices have absolute discretion to grant or an undeniable privilege of renewal, have sprung up in refuse the application-unless indeed the application be the district. This seems an absurd result. On the for a license to sell liquor not to be drank on the other hand, the word “ theretofore” is ambiguous. How. premises where sold, in which case the application can ever this may be, let us pass to the consideration of the only be refused upon either of the four grounds notices required for new licenses.
specified in section 8 of the Wine and Beerhouse Acts The notices are prescribed by section 40, sub-section 1, 1869, which all relate to the character of the applicant or of the Act of 1872, which incorporates “section seven his house. of the Wine and Beerhouse Act, 1869, and any The case of Reg. v. Sylvester (31 L. J. M. C. 93) is & enactment amending the same." The effect of these three vory curious one, and should be noticed here. In that enactments (only one of the enactments amending the case justices had refused to renew the license of every Wine and Beerhouse Act, 1869-i.e., the Wine and person who had not taken out an excise license to sell Beerhouse Act Amendment Act, 1870, 8. 4, bears on the spirits. The judgment of the court, which was given on a question of notices) is shortly as follows:
special case stated by quarter sessions on appeal, is to The applicant must, twenty-one days at least before some extent an authority that a license cannot be granted bis application, give a notice (which may be sent by post) conditionally, and R. v. Athay (2 Burr. 653) is to the same stating his name and address, and other particulars, effect. But if that case be carefully examined, we doubt to one of the overseers of the parish, and to the whether it comes to more than a decision that the dissuperintendent of police of the district. A similar cretion of the justices had not been judicially exercised notice must also be posted on the door of the premises in that particular case. We think, on the whole, that it proposed to be licensed, and also on the door of the would be within the jurisdiction of justices to grant parish church. Further than this, advertisements of the a license on condition that it should be used in a par. intended application must be inserted in some news. ticular way, on pain of losing the renewal, and that the refusal to renew in event of the condition not being complied with would be upheld by a court of law. In ECTIFICATION OF THE REGIStwo particulars the statutes have expressly authorized conditions to be annexed in respect of Sunday closing
TER OF TRADE-MARKS. and early closing. The 49th section of the Act of 1872
I. enacts :
Recent decisions have given much prominence to the “Where, on the occasion of an application for a new subject of rectification of the register of trade-marks, license, ... the applicant at the time of his applica and, therefore, it may not be out of place to offer some tion applies to the licensing justices to insert in his license
observations on the cases relating to the subject, omita condition that be shall keep the premises in respect of
ting those in which contests between individuals have which such license is to be granted, closed during the
been fought out on applications to register opposed in whole of Sunday, the justices shall insert said condition on
the ordinary way. his license.”
The 5th section of the Trade Marks Registration Act, Similarly, the 7th section of the Act of 1874 authorizes 1875, enacts as follows:-“If the name of any person the application for, and directs the grant of, an "early who is not, for the time being, entitled to the exclasive closing license"-that is, a license containing a condition use of a trade mark in accordance with this Act, or that the applicant “ shall close the premises one hour otherwise in accordance with law, is entered on the earlier at night than that at which such premises would register of trade-marks as a proprietor of such tradeotherwise have to be closed.” Upon these enactments mark, or if the registrar refuses to enter on the register the questions arise-(1) whether justices may force such as proprietor of a trade-mark the name of any person conditional licenses upon an applicant; and (2) whether who is, for the time being, entitled to the exclusive use they have jurisdiction to enlarge or restrict the conditions of such trade mark in accordance with this Act or as defined by the statutes. We think that the absolute
otherwise in accordance with law, or if any mark is discretion of the justices practically enables them to force registered as a trade-mark which is not authorized to be conditional licenses upon applicants, and so, for instance, so registered under this Act, any person aggrieved may to enforce Sunday closing as far as new licenses are apply in the prescribed manner for an order of the concerned, but that there is no jurisdiction to travel | court that the register may be rectified ; and the court within or beyond the limits of the conditions as defined may either refuse such application, or it may, if satisfied by statute.
of the justice of the case, make an order for the rectifica. Finally we come to the “ confirmation" of the grant. tion of the register, and may award damages to the This is a procedure which, though quite new in 1872, party aggrieved.” Then, after making provision for ought to have become tolerably familiar by this time. the case of rival claims to a mark, the section proceeds: The constitution of the confirming body, however, -"The court may, in any proceeding under this section, differs 80 much in counties and in boroughs, decide any question as to whether a mark is or is not that it may be well to refresh the memory by a short such a trade-mark as is authorized to be registered under summary of the elaborate provisions of the Licensing this Aet, also any question relating to the right of any Act, 1872, by which it is regulated. There are three person who is party to such proceeding to bave his kinds of confirming bodies: first, there is the confirming name entered on tho register of trade-marks, or to havo body in counties, which is called the "county licensing the name of some other person removed from such committee." By section 37 of the Act of 1872 this com register, also any other question that it may be necessary mittee is to be annually appointed by justices in quarter or expedient to decide for the rectification of the sessions. The quorum is three members, and the greatest register.” number is twelve members. In boroughs where there are The effect of this section is to authorize the courtten acting justices or upwards, the confirming body is by | i.e., the Chancery Division-upon application by any section 38“ the whole body of borough justices, or a ma. person aggrieved, to correct any error of commission or jority of such body presentat any meeting assembled for the omission in the register of commission, by the purpose of confirming licenses.” The quorum is three mem. registration of any person or mark not entitled to pers. in boroughs where there are not ten acting justices, registration-of omission, by the non-registration of any the confirming body is a "joint committee” consisting person entitled to registration, and also to decide any of three justices of the county in which such borough is question which it may be necessary or expedient to decide situate and three justices of the borough," the three for the rectification of the register. When the question county justices to be appointed by the county licensing is with reference to the qualification of a mark for committee, and the three borough justices to be ap- registration, then, as was said by Lord Cairns in pointed by the justices of the borough, or by & Orr Ewing v. Registrar of Trade Marks (28 W. R. 17, majority of such justices assembled for licensing | L. R. 4 App. Cas. 479)," the first duty cast upon the purposes. It is added by section 21 of the Act court is to ascertain whether some one, or more than of 1874 that, " where from any reason there are not for one, of the essential particulars of a trade-mark, es the time being three qualified borough justices to form defined by the Act, is found to exist, so that the mark the quota of a joint committee," the deficiency in num. may be described with the one, or more than one, ber is to be supplied by“ qualified county justices, to be essential particular or particulars which distinguish it." appointed by the county licensing committee."
When the question is with reference to the right of s No time for the meeting of the confirming bodies person to registration, the language of Lord Blackburn appears to be prescribed by statute. A mandamus in the same case becomes applicable: “I cannot construe would no doubt issue to appoint the confirming body, this section as meaning anything else than that, when but whether it would issue to that body when appointed the court is satisfied that the applicant is a person who to hold its meetings, and within what time, is not so is, for the time being, entitled to the exclusive use of & clear. We think, however, that a mandamus would trade-mark in accordance with law, and that the issue to hold a meeting within a reasonable time. One trade-mark is one within the definition in section 10 of thing, however, is quite clear, that whether they meet the Act of 1876, the court is, ex debito justitiæ, to rectify soon or tardily, willingly or unwillingly, the confirming the register, just as it would, before the Act of 1975, body have precisely the same discretion to confirm or have been bound, ex debito justitiæ, on similar proot, to not as the licensing justices have to grant or not, and prevent anyone infringing the trade-mark shown to be we have already pointed out that that discretion is his property. The burden of proof lies upon the person “ absolute."
making the application to amend the register; but if he does produce such proof as would, in the opinion of the court, entitle him to an injunction, I do not think that the words ' if satisfied of the justice of the case' can,