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Manufacturer High Court Pet March 29 Ord Manufacturer April 14 at 11.30 Off Rec, 6, Bond ter, FARMAN, HAROLD AUGUSTUS, Charing Cross, Solicitor
High Court Pet March 11_Ord March 30
Pet April 1 Ord April 1 SEUSE, Tuomas GEORGE, Swansea, Grocer Swansea Pet Bayst, FREDERICK WILLIAM, Hackney rd, Pork Butcher GREEN, BERNARD JOSEPH, Wolverhampton, Architect March 11 Ord March 28 April 14 at 12 Bankruptcy bldgs, Carey st
Wolverhampton Pet April 1 Ord April 1 SMITH, WILLIAM NOBThey, West Kensiogton, Jeweller BELLERBY, WILLIAM, Kippax, Yorks, Grocer April 14 at GUEST, ARTHUR, and WILLIAM PRESCOTT, Rotherham, High Court Pet Feb 8 Ord March 26 11 Off Rec, 6, Bond ter, Wakefield
Builders Sheffield Pet April 2 Ord April 2 TASKER, FREDERICK TALBOT, Dartford, Solicitor High BROWN, ANNETTE JANE, Hereford April 14 at 12 Off Rec, Hotine, FREDERICK M, Regent st, Billiard Table ManuСо Pet March 14 Ord 23 29, Queen st, Cardiff
facturer High Court Pet Nov 23 _Ord April 1 Toas, GEORGE, Astley Bridge, pr Bilton, Shoeing Smith BROWN, JOHN Croxtox, Stanwick, Northamptons April 16 Jones, EMILY ELLEN, Walsall, Milk Purveyor Walsall Bolton Pet March 30 Ord March 30
at 12 Off Rec, County Court bldgs, Sheep st, North- Pet March 31 Ord March 31 TOWLER, WILLIAM ABEL, Forest Gate High Court Pet ampton
LARARD, FREDERICK, Gracechurch st, Watch Maker High Feb 22 Ord March 26
BULLOCK, HERBERT WILLIAM, Chatham April 15 at 12 Court Pet Jan 26 Ord March 30 WARD, Edwix, and NATHANIEL Leask, North End passage, Bankruptcy bldgs, Carey st
Lock, THOMAS, Reading, Horse Dealer Reading Pet Wellclose eq, Cigar Merchants High Court Pet CLEMENTS, Francis, Wortbing, Provision Merchant April March 29 Ord March 29 March 12 Ord March 26
13 at 12 Off Rec, 4, Pavilion bldgs, Brighton
LUNN, Walter, Bellingham, Northumberland, Innkeeper WILDGOOSE, JOB, Levenshulme, nr Manchester Man- CREIGHTON, ROBERT J, Langport, Major April 14 at 12.30 Newcastle on Tyne Pet March 25 Ord April 1 chester Pet March 29 Or.1 March 29
Off Rec, Endless st, Salisbury
MARSHALL, CHARLES WALKDEN, Oldham, Greengrocer WILLCOCKS, GEORGE, Falmouth, Saddler Truro Pet Crosbie, CHARLES HOWARD, Meragissey, Cornwall April Oldham Pet April 1 Ord April 1 March 29 Ord March 30
16 at 10_Off Rec, Boscawen st, Truro
MORRELL, JOHN WILLIAM, Nidd, Yorks, Farmer York WILLIAMS, DAVID, Hulme, Manchester Manchester Pet DARTNALL, HENBY Thomas, Cheltenham, Stationer April Pet March 31 Ord March 31 March 28 Ord March 28
14 at 3.15 County Court bldgs, Cheltenham
MORTIMER, William Henry, Weston super Mare, Leather ADJUDICATION ANNULLED AND RECEIVING DennaM, GEORGE, Brighouse, York, Cooper April 16 at 11 Merchant Bristol Pet Dec 22 Ord March 31 ORDER RESCINDED. Off Rec, Townhall chmbrs, Halifax
MOULDING, HENRY, Blackburn, Cabinet maker Blackburn Wilsoy, James George, Pembroke, Saddler Pembroke DICKINSON, HENRY GEORGE, and JAMES WILLIAM DICKIN- Pet March 29 Ord March 29 Dock Adjud Oct 25, 1897 Annul and Resc Feb 9
sox, Morpeth, Livery Stable keepers April 13 at 11.30 Peel, Sir ROBERT, Drayton Manor, Warwick, Baronet Note.-Re Samuel Addingley, Wakefield. The Notice of Off Rec, 30, Mosley st, Newcastle on Tyne
High Court Pet Dec 8 Ord March 30 Adjudication published in the London Gazet:e of DORE, WILLIAM BBASHER, Oxford, Tailor April 13 at 3.30 POOLES, CLARA, Newport, I W, Schoolmistress Newport March 25 is hereby cancelled, no Order of Adjudication 1, St. Aldate's, Oxford
Pet March 30 Ord March 30 having been made.
GARDNER, DOUGLAS, and EDWARD BERTRAM BARTLET, RowlES, MATTHEW WILLIAM, Woking, Surrey, Builder
Birmingham, Patentees April 15 at 11 174, Corpora- Guildford Pet Dec 1 Ord March 30
EQUIRES, THOMAS, Bletchley, Bucks, Butcher Northampton
16 at 12.30 Off Rec, County Court bldgs, Sheep st, STEVENSON, MATTHEW SINCLAIR, Queen Victoria st, BOULD, JOSEPH, Longton, Staffs, Wholesale Cabinet Maker Northampton
Company Promoter High Court Pet Feb 11
Ord Stoke upon Trent Pet April 2 Ord April 2
Fentox, RICHARD, and JAMES BUCKLEY, Newhey, Lunc3. April 1 BRANAAM, THOMAS SHEPHERD, Leeds, Builder's Manager Calico Printers April 14 at 2.15 Townhall, Rochdale TALBOT, ELT, Worle, Somersets, Baker Bridgwater Pet Leeds Pet March 30 Ord March 30
FITZCLARENCE, The Hon WILLIAM GEORGE, Worthing April April 1 Ord April 1 BEOWNE, OSCAR, Nottingham Nottingham Pet Jan 17 14 at 3.30 Melville Green, Chapel rd, Worthing THOMAS, John, Treorky, Glam, Licensed Victualler Ord Feb 18
HAMMOND, Percy, Middlesborough, Butcher April 13 at 3 Pontypridd Pet April 2 Ord April 2 CLEWES, GEORGE Herer, Derby, Grocer Derby Pet Off Rec, 8, Albert rd, Middlesborough
THORNLEY, HENRY, Essington, nr Wolverhampton, Farmer March 31 Ord April 1
HARGREAVES, LAW ALFRED JAMES, Buxton, Derbys April Wolverhampton April 1 Ord April 2 Dexhau, GEORGE, Brighouse, Yorks, Cooper Halifax Pet 14 at 2.30 Off Rec, Byrom st, Manchester
TIBBITTS, Thomas WILLIAM, Wednesbury, Butcher West April 1_Ord April 1
HARRISON, THOMAS, Edith Weston Rectory, Rutlands Bromwich Pet March 31 Ord March 31 DREWITT, FRANK_Gipson, Gosport, Hants, Cycle Maker April 14 at 12.30 Of Rec, 1, Berridge st, Leicester VEALE, GEORGE, Dunsmure rd, Stamford Hill, Builder Portsmouth Pet March 31 Ord March 31
HEBZOG, FREDERICK, Cranwick rd, Stamford Hill, Cotton High Court Pet Feb 17 Ord March 31 EMERSON, JL, Aldershot Guildford Pet Jan s Ord Broker April 14 at 1 Bankruptcy bldgs, Carey st WILLIAMS, THOMAS, Brixton, Baker High Court Pet April 2
HUDDLESTONE, Anx, Grasmere, Westmrld, Temperance April 2_Ord April 2 EVERETT, GEORGE EDWARD, Birmingham, Auctioneer Bir- Hotel April 16 at 12 Grosvenor Hotel, Stramongate, Williams, WILLIAM, Porth, nr Pontypridd, Engine Driver mingham Pet March 12 Ord March 31 Kendal
Pontypridd Pet March 29 Ord March 29 EWING, BASIL, Chesterfield, Corn Merchant Chester field LAURENCE, JOSEPH, Aston, nr Birmingham, India Rubber Amended notice substituted for that published in the Pet April 2 Ord April 2 Dealer April 14 at 12 174, Corporation st, Birming
London Gazette of Feb. 18: FINE, JACOB, Aberjare, Glams, Furniture Dealer Ater- ham
Davies, David, Abergwilly, Carmarthens, Saddler Cardare Pet April 1 Ord April 1
Lowe, ERNEST ARCHER, Birkenhead, Grocer April 14 at marthen Pet Feb 12 Ord Feb 14 GIFFORD, SYDNEY_HERBERT, Willesborough, Kent, Miller 230 Off Rec, 35, Victoria st, Liverpool
Amended notice substituted for that published in the Canterbury Pet March 16 Ord March 31 MORRELL, JOHN WILLIAM, Nidd, York, Farmer April 15
London Gazette of April 1: GREEN, BERNARD JOSEPH, Wolverhampton, Architect, at 12.15 Off Rec, 28, Stonegate, York
WILLIAMS, DAVID, Hulme, Manchester Manchester Pet Wolverhampton Pet April 1 Ord April 1
NAYLOR, GEORGE HEATH, Hoyland Nether, nr Barnsley, March 28 Ord March 28 GUEST, ARTHUR, and WILLIAM Prescott, Rotherham, Postmaster April 14 at 10.15 Off Rec, Regent st,
ADJUDICATION ANNULLED. Builders Sheffield Pet April 2 Ord April 2
PAGE, WILLIAM Grant, Leicester, Shopkeeper Leicester. HERZOG, FREDERICK, Cranwick rd, Stamford Hill, Cotton OSBORNE, WILLIAM Henry, St George's rd, Southwark, Adjud Nov 27, 1894 Annul March 31 Broker High Court Pet April ! Ord April 1
Publican April 14 at 12 Bankruptcy blágs, Carey st Hunt, ALFRED, Plumstead, Tailor Greenwich Pet March Owex, SEPTIMUS STANLEY, Openshaw, dr Manchester,
AN IMPORTANT DECISION. 30 Ord March 30
Grocer April 14 ut 3.30 Off Rec, Byrom st, ManHUNTER, JOHN, Pwllheli, Carnarvons, Contractor Port- chester
Tue RePORT OF SIR CHARLES A. Cameron, M.D. madoc Pet April 2 Ord April 2
POWELL, JAMES, Feltham, Farmer April 14 at 11.30 24, Joxes, CLEMENT SELKIRK, Peckham, Furniture Dealer Railway app, London bdge
“Department of the Medical Officer of Health, and High Court_Pet Feb 24 Ord April 1 RAWLINGS, WILLIAM ROBINSON, Worcester, Glover April
" Public Analyst. JONES, EMILY ELLEN, Walsall, Milk Purveyor Walsall 16 at 11.30 Off Rec, 45, Copenhagen st, Worcester
“ Public Health Office, Pet March 31 Ord March 31 RULE, JOHN Thomas, Camborne, Cornwall, Tin Streamer
“Cork Hill, City Laboratory, LOCK, THOMAS, Reading, Horse Dealer Reading Pet April 14 at 12 Off Rec, Boscawen st, Truro
"17, Castle-street, Dublin. March 29 Ord March 29 SHRIEBERG, JACOB, Bedford st, Commercial rd, Boot
"March 26th, 1898. MARSHALL, CHARLES WALKDEN, Oldham, Greengrocer Manufacturer April 15 at 2.30 Bankruptcy bldgs, “I have examined specimens of Vi-Cocoa, and have Oldbam Pet April 1 Ord April 1
obtaired satisfactory results. I find it to consist of nutriMORITZ, LIONEL, Bury st, General Merchant High Court SKEVINGTON, ALFRED, Leicester, Commercial Traveller tive materials of high value, and possessing agreeable Pet March 31 Ord March 31
April 15 at 12 Off Rec, 1, Berridge st, Leicester flavour. Vi-Cocoa is easily digested. It is not usual for MORRELL, JOHN WILLIAM, Nidd, Yorks, Farmer York SPENSLEY, ROBERT, Gt Grimsby, Wholesale Fruiterer
preparations sold under the name of Cocoa or Chocolate to Pet March 31 Ord March 31
April 15 at 11 Off Rec, 15, Osborne st, Gt Grimsby contaia so much albuminous (muscle-forming) material as MOULDING, HENRY, Blackburn, Cabinet Maker Blackburn STEWART, FREDERICK GEORGE, Newport, Mon, Hairdresser Vi-Cocoa contains-namely, the high proportion of 163 per Pet March 29 Ord March 29
April 14 at 12 Off Rec, Westgate chmbrs, Newport, cent. As the article is nutritious and well-flavoured, I PAGETT, Joux, Maindee, Newport, Mon, Boot Dealer Mon
have no hesitation in recommending it. Newport, Mon Pet April 1 Ord April 1
THORMAN & Co, Market st, Finsbury, Leather Dealers "CHARLES A. CAMERON, M.D., Perkex, MARY JANE, Milforrl Haven, Pembroke, Draper April 18 at 12_Bankruptcy blogs, Carey st
“Ex- President and Professor of Hygiene, Royal Pembroke Dock Pet April 1 Ord April 1 Watson, Thomas Henry, Sheffield April 15 at 3 Off Rec,
College of Surgeons, Ireland, Cni•f Medical Pooles, CLARA, Newporé, I W, Schoolmistress Newport Byrom st, Manchester
Officer of Health for Dublin." Pet March 30 Ord March 30
WEBB, JOHN ABRAHAM, Coventry, Tinplate Worker April A little book containing the reports of the very highest POWELL, JAME3, Felthum, Farmer Kingston, Surrey Pet 14 at 11 174, Corporation st, Birmingham
medical experts and analysts in the United Kingdom, Feb 12 Ord March 18
Williams, David, Hulme, Manchester April 14 at 3 Off showing the advantages of Dr. Tibbles' Vi-Cocoa over all RILEY, Owex, Moss Side, nr Manchester, Grocer Salford Rec, Byrom st, Manchester
other food products, will be forwarded post-free on appliPet March 17 Ord April 1
Williams, William, Porth, nr Pontypridd, Engine Driver cation (a postcard will do) to any address. Also dainty SHEPPAED, HENRY JAMES, Bedford, Florist Bedford Pet April 12 at 1265, Highs t, Merthyr Tpdfil
sample tin. Address : Dr. Tibbles' Vi-Cocoa (1898), Ltd., March 25 Ord March 20
WILLIAMSON, HENRY ALBERT, Bedford, Builder : April 14 60, 61, and 62, Bunhill-row, London, E.C.
Wilson, James, Harp, Jane, Great Tower st April 15 at
ALLINSON, JOHN BENJAMIN, Leeds, Boot Manufacturer
BEXTOTE, REGINALD JOSEPH, Acton, Financial Agent
Blake, T F, Bristol, Grocer Bristol Pet March 4 Ord
BOULD, JOSEPs, Longton, Staffs, Wholesale Cabinet
BRAMUAM, THOMAS SHEPHERD, Leeds, Builder's Manager
CLEWES, GEORGE Hexry, Derby, Grocer Derby Pet March
DE BERNALES, EDGAR A, York bldgs, Adelphi, Editor
DICKINSON, HENRY GEORGE, and JAMES WILLIAM Dickix-
Newcastle upon Tyne Pet March 5 Ord April 2
Surgeon High Court Pet Feb 25 Ord March 31
DREWITT, FRANK GIBSON, Gosport, Hants, Cycle Maker
, , ADDINGLEY, Samuel, Tanshelf, Pontefract, Glass Bottle
INCORPORATED LAW SOCIETY.
LEGAL EDUCATION, The Council invite attention to the following scheme of education, adopted Classes for Final Students are held at the Hall of the Society on four n 1892 with the object of affording assistance to Articled Clerks.
afternoons each week during the following periods : Angust to January; For the benefit of Clerks resident in London or who are able to attend, January to June. these classes are held and Tutors give advice and assistance at the Hall of the These periods afford five months' class preparation, and students are Law Society.
advised to subscribe for a full course, and certainly for not less than three To those Clerks who are articled at a distance from large towns systematic months, otherwise the work must necessarily be hurried. instruction with advice and help is given, and a course of preparation Students may join the classes either before or after the Intermediate through the post bas been formulated.
Examination without subscribing to the course of Postal instruction, but it POSTAL INSTRUCTION.
is recommended that they should avail themselves of both modes of in. In the case of students who have not passed the Intermediate Examination
struction. the instruction is by means of monthly papers, and deals with the selected
Subscribers to either Postal or Class instruction have the opportunity of portions of Stephen's Commentaries.
consulting the Tutors upon the work of the course in personal interview or For those who have passed the Intermediate Examination instruction is by letter at any time. afforded by fortnightly papers, and embraces the following subjects: Equity,
RESULTS AND HONOURS. Conveyancing, Common Law, Bankruptcy, Criminal and Magisterial Law, The results obtained have been satisfactory. At each of the last twelve Probate, Divorce, Admiralty, and Ecclesiastical Law.
examinations pupils bave obtained honours, and the percentage of passes is These papers both before and after the Intermediate Examinations are a high one, exceeding 85 per cent. of between two and three hundred pupils varied each year, so that students who may subscribe for more than one who last presented themselves for examination. It has happened on several year's tuition receive additional assistance.
occasions that all Class pupils have been successful, and the same has These courses may be commenced at any time, but the Tutors recommend occurred in the case of subscribers to the Correspondence Courses. that the Intermediate course should be commenced at an early stage of the
TUTORS. Articles, and the Final course soon after the Intermediate Examination has
Equity, Conveyancing, Common Law, Bankruptcy–J. CARTER HARRISON, been passed.
30, Bedford-row, W.C. Books can be obtained from Messrs. Stevens & Sons, or other law lending library, for a subscription of a guinea and a half to cover the course of work Ecclesiastical Law, Stephen's Commentaries -LEONARD H. West, LL.D.,
Criminal and Magisterial Law, Probate, Divorce, Admiralty, and for the Final Examination, and Stephen's Commentaries can be supplied to 19, Southampton-buildings, Chancery-lane, W.C. either Class of Postal Subscribers, at a subscription of one guinea, on
After Inter. application to the Tutor, Dr. West.
Subscription to postal instructie (12 months) £4 4 0 (12 months) £6 6 0 Class instruction is also provided on the selected portions of Stephen's Subscription to Postal instruction (2 years) 6 6 0 (2 years) 8 80 Commentaries and the subjects above named, and it is recommended that the Class instruction (3 months)
440 5 months) 990 classes should be joined after the expiration of a course of Postal instruction. For those who have previously subscribed for Students can join the classes at any time, the fees being proportionate to the Postal instruction ...
770 length of attendance.
Class instruction (6 months)
770 (4 months) 880 Rooms are provided where subscribers may study, and books are supplied for those who have previously subscribed for without extra charge.
Postal instruction ...
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6 60 Periodical test examinations are held by the Tutors.
For three months' Class instruction
770 The Classes for Intermediate Students are held in the Hall of the Society For those who have previously subscribed for Postal instruction 5 5 0 on three afternoons in each week during the following periods: August to Cheques and Post Office Orders should be made payable to the SecretARY, November ; October to January ; January to April ; March to June.
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IFE ASSURANCE POLICIES
EDE AND SON, Considerably over surrender value given.
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94, CHANCERY LANE, LONDON. BIR KBECK BANK
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DIAMONDS, PEARLS, beg respectfully ceny Edrink Sony
EXTRACT FROM A LECTURE ON “FOODS AND THEIR VALUES,” BY DR. ANDREW WILSON, F.R.S.E., &c. - "If any motives-first, of due regard for health, and second, of getting full food-value for money
expended-can be said to weigh with us in choosing our foods, then I say that Cocoa (Epps's being the most nutritious) should be made to replace tea and coffee without hesitation. Cocoa is a food; tea and coffee are not foods. This is the whole science of the matter in a nutshell, and he who runs may read the obvious moral of the story."
announce that they
&c. JEWELS and SILVER VALUED
PLATE, &c., for the
LEGAL PROFESSION or PURCHASED OR EXCHANGED PURCHASE the same for
cash if desired. EstabTO
lished 1772. Under the patronage of H.M. The Queen and H.S.H. Prince Louis Battenberg, K.C.B.
In Centre of Town.
LAW REVERSIONARY INTEREST
VOL. XLII., No. 24.
The Solicitors' Journal and Reporter 24, LINCOLN'S 'INN FIELDS, W.C.
ESTABLI&HED 1853. Capital
LONDON, APRIL 16, 1898. Debentures and Debenture Stock
£180,COU REVERSIONS BOUGHT.
LOANS MADE THEREON. Proposal Forms and full information may be had at the Society's Offices,
W. OSCAR NASH, F.I.A., Actuary. The Editor cannot undertake to return rejected contributions, aud MIDLAND RAILWAY HOTELS.
copies should be kept of all articles sent by writers who are not on LONDON, N.W. Within Shilling cab fare of Gray's-inn, Inns of Court, Temple Bar, MIDLAND GRAND
Law Courts, dc. Buses to all parts every minute. Close to King's the regular staff of the JOURNAL.
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LAW SOCIETIES ...........
THE PRIORITY OF EQUITABLE INCUM
418 Adelphi “ Turtle" Boup forwarded from Adelphi Hotel, Liverpool, per quart jar 185.; per pint jar, 93, ed., carriage paid. Speciality for in.alids.
WINDING UP NOTICES
........................ 419 WILLIAM TOWLE, Manager Midland Railway Hotels.
CREDITORS' NOTIORA.......................... 419
Cases Reported this Week. SUBSCRIBED CAPITAL £1,000,000. PAID-UP - £100,000.
In the Solicitors' Journal. In the Weekly Reporter. FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY
Atkinson, Re. Waller v. Atkinson
414 BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY
Birmingham Breweries (Limited) v. Field Steamship Co. (Lim.) v. Burr ... 415 Jameson
375 INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c. Hughes, Re. Brandon v. Hughes...... 412 Hunt, In re. Ex parte Board of Trade 384
Mannery v. S. Pearson & Son
Lower Rhine and Württemberg InsurNickels, Re. Nickels v. Nickels
ance Association v. Sedgwick
380 HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. Reg. v. Humphrey.
Monkswell (Lord) and Others (Peti
Ruabon Steamship Co. (Lim.) v. tioners) v. Thompson (Respondent) 332 IMPORTANT TO SOLICITORS
411 New British Iron Co., In re. Ex parte Sale Hotel and Botanical Gardens Co.
376 In Drawing LEASES or MORTGAGES of
416 New Par Consols (Limited), In re LICENSED PROPERTY
Serle, Re. Gregory v. Serle
377 W. L. Butler (A Solicitor), Re. Spooner v. T. & W. Browning. To see that the Insurance Covenants include a policy covering the risk of
Ex parte The Incorporated' Law Westcott v. Stewart
379 LOSS OR FORFBITURE OF THE LICRNSE.
416 Woods and Lewis's Contract, In ra....., 373 Suitable clauses, settled by Counsel, can be obtained on application to THE LICENSES INSURANCE CORPORATION AND
GUARANTEE FUND, LIMITED,
CURRENT TOPICS. Mortgages Guaranteed on Licensed Properties promptly, without It has this week been suggested as a solution of the present special valuation and at low rates.
difficulty with regard to the trial of patent actions, that they LEGAL AND GENERAL LIFE ASSURANCE should be removed from the High Court entirely and submitted SOCIETY.
for the decision of the officials of the patent office. It is need
less to say that the suggestion is not likely to be entertained for ESTABLISHED OVER HALF A CENTURY. a moment, though the fact that it can be gravely made is a 10, FLEET STREET, LONDON.
siguificant indication of the state to which matters have been allowed to come. The grantiog of a patent in the first
instance is a question of administrative discretion, and in FREE,
the exercise of the discretion by the patent office it is SIMPLE,
necessary to consider whether the applicant is prima facie entitled to the patent he is seeking. But this is a very different matter from deciding upon the validity of the patent when it has been formally put in issue by an opponent. The patent is a species of property and its protection must be referred to a court of justice. Or if this reason is too technical, the interests which are at stake entitle the parties to such a hearing of the case as can only be obtained by reg'ular judicial methods. It may be predicted that if a special court were
constituted for patent cases much of the present expense and AND
waste of time would be avoided. Before a judge who was SECURE.
always dealing with this class of business. èxpert evidence,
while not ceasing to be important, would probably be reduced FUNDS · £3,000,000. INCOME
£390,000. in amount, and it would be easier to keep a check both upon Yearly NEW BUSINESS - 21,000,000. BUSINESS IN FORCE - £11,700,000. the "advocacy” of expert witnesses and upon the length of the
THE PROBABLE outbreak of hostilities between the United RICHARD PENNINGTON, Esq.
States and Spain makes it important to notice that neither Bacon, His Honour Judge.
nation is a party to the article of the Declaration of Paris Masterman, Henry Chauncy, Esq. Davey, The Right Hon. Lord. Mathew, The Hon. Mr.Justice.
according to which privateering is and remains abolished.” Deane, The Right Hon. Sir James Parker, Meek, A. Grant, Esq. (Devizes). Privateering, or “cruising with private armed vessels comQ.C., D.C.L.
Mellor, The Right IIon. John W., Q.C., Ellis-Danvers, Edmund Henry, Esq.
missioned by the State (Wheaton's International Law, 3rd Finch, Arthur J., Esq.
Mills, Richard, Esq.
Eoglish ed., p. 488), was formerly sanctioned by the laws of Garth, The Right Hon. Sir Richard, Q.C. Pennington, Richard, Esq.
every maritime nation as a legitimate means of destroying the Healey, C. E. L. Chadwyck, Esq., Q.C. Rowcliffe, Edward Lee, Esq. Johnson, Charles P., Esq. Saltwell, Wm Henry, Esq.
commerce of an enemy, but, like the confiscation of private Kekewich, The Hon. Mr. Justice. Williams, C, Reynolds, Esq.
property taken at sea, it is a relic of barbarous modes of warLawrence, N. T., Esq.
Williams, Romer, Esg. Ludlow, The Right Hon. Lord. Williams, William, Esq. fare, and as between nearly all the States of the world it has
now been abolished. The first effort in this direction came, Local Board (1893, A. C., at p. 225) to be that it would really curiously enough, from the United States themselves, and Dr. leave it open to the solicitor, in addition to the scale FRANKLIN obtained the insertion in their treaty with Prussia of fee, to make a further charge, in the ordinary fashion which 1785 of a clause by which the two contractiog Powers agreed to was in existence before the scale fee was arrived at for a congrant no commissions to private armed vessels ; but the siderable number of things which are said to be outside it. It clause was omitted from the renewed treaty of 1799. Between would leave it in every case open to dispute and discussion how 1823 and 1830 the United States were in negotiation much there was outside of it, and it would necessitate in all those with Great Britain, France, and Russia to obtain treaties cases a taxation. That is the very thing which it was sought abolishing privateering, but these Powers were unwilling to to avoid by this legislation.". The obvious and best remedy is to enter into separate agreements, though they were in favour of a make the negotiation fee extend to leases ; and in the meantime general agreement of the chief maritime Powers to the same practitioners should be careful to expressly stipulate that the effect. Subsequently the United States altered their views on agreement and negotiations for a lease are to be paid for in the subject, considering that privateering might be a useful addition to the scale charge. The second point mentioned by means of making up for the smallness of their regular navy in our correspondent is the hardship of throwing on a purchaser the event of a conflict with a great European Power, while even the cost of procuring evidence to establish the vendor's with smaller Powers their widespread commerce and extended title, as to which we think no practitioner will differ from him. sea-coast would put them at a disadvantage; and the honcur of This practice has, as we all know, given rise to the common form taking the real initiative in the abolition of privateering lies answer to requisitions—"This can be done at the purchaser's with the original parties to the Declaration of Paris, including cost." No doubt the rule has the effect of choking off many Great Britain, France, Russia, and Prussia. All civilized states requirements which would otherwise be made ; but there are have since become signatories of the Declaration except the requirements which cannot be dispensed with, and our corresUnited States, Spaio, and Mexico. The Declaration is only a pondent tells of a case in which the vendor purported to sell as compact between the signatories to it, and privateering is still heir-at-law, and the purchaser's solicitors had to make out at possible, therefore, in a war between any of the signatories and the purchaser's cost a pedigree with about twenty certificates, one of these three states, or, of course, in a war between any of besides statutory declarations. We do not recall anything quite the excepted states themselves.
80 unfair as this, but in a considerable proportion of purchases the result of the rule is to throw on the purchaser costs of
making out the title which ought in fairness to fall on the vendor. THE ABOVE statement does not, however, represent fully the course taken by the United States with respect to the abolition of privateering by the Declaration of Paris. As a matter of
SOME INTERESTING observations on the effect of Allen v. Flood policy they were, as already observed, in favour of preserving (46 W. R. 258 ; 1898, A. C. 1) will be found in an article conprivateering, but they had the enlightenment to be willing to tributed by Sir FREDERICK POLLOCK to the current number of consent to its abolition provided an article was added probibit the Law Quarterly Review. “There is no wrong," says Sir ing the capture of all private property at sea not contraband. FREDERICK, “in persuading or inducing a man to do what he The Powers generally were in favour of this amendment, but has a right or is lawfully free to do. The fact that such action according to Wheaton (8th ed., p. 45 t) it was defeated in con- may damago a third person can of itself no more give that sequence of the opposition of Great Britain. This was in 1856, person a right of action against the persuader than against the and in the following year the offer of the United States to actor himself. And the precise point now decided by the House accede to the Declaration of Paris on the proposed terms was of Lords is that a cause of action cannot be made out of such withdrawn. Upon the outbreak of the American Civil War an facts by adding allegation and proof of malice, in the sense of offor of unconditional accession was made to the European actual evil motive, personal ill-will
, or whatever term least Powers by President LINCOLN, but the terms which Great favourable for the defendant can be found for the thing signiBritain sought to impose in favour of the belligerent fied.” A definite limit is thus put to the relevancs of malice as rights of the Confederacy prevented this offer from an element in civil actions, and it appears to be entirely disbecoming effectual. By the constitution of the United carded as affording in itself a cause of action, even though States, Congress has power to grant letters of marque, accompanied by actual damage. “We think,” continues the and during the Civil War an Act was passed authorizing their same writer," it must be taken, on the whole, as part of the issue by the President; but in fact they were nover issued by ratio decidendi, that in general the combination of damage and either side. Should the existing dispute load to war between malice will not suffice to make a cause of action (see especially per the United States and Spain there can be no doubt that each Lord MacNaGHTEN), but violation of some definite duty must side will be within its right in permitting privateering. It may be shown; and that, on the other hand, the cases where malice be noticed that in the war between France and Spain in 1823 is really essential to the cause of action are in some way excep. the belligerents at the outset iesued declarations both against tional.” The malice in these exceptional cases operates not the comntissioning of privateers and against the capture of directly as a violation of any right of the plaintiff, but indirectly private property at sea. Having regard, however, to the con- as depriving the defendant of the benefit of a privilege which siderations which have influenced the policy of the United would otherwise make his conduct not actionable. Malice, for States with regard to privateering, it is unlikely that any such instance, forfeits the privilege which might have held the mutual declarations will be made on the present occasion.
defendant harmless in an action for defamation, It has & similar operation in an action for malicious prosecution; sucb, at least, Bir FREDERICK POLLOCK considers to be a proper
ference from some of the judgments in Allen v. Flood. But, AN ESTEEMED correspondent calls attention in another column with these exceptions, motive does not seem to constitute an to two matters in which a change is desirable. The first is element in civil injuries. It is a further deduction from the rule that the scale fee for a lease includes all charges for the judgments that there is no such thing as a right not to be negotiating and for preparation of a preliminary agreement: hindered in one's occupation, except so far as the offender may Re Field (33 W. R. 553, 29 Ch. D. 608); R: Emanuel and expose himself to an action for trespass, nuisance, defamation, Simmonds (34 W. R. 713, 33 Ch. D. 40); Savery v. Enfield Local or something in the nature of deceit. “There is no better or Board (1893, A. C. 218). As our correspondent says, there is higher right to carry on one's business than to do any other often as much trouble in settling the terms of a lease as of a sale lawful act
, and no need to invent any such right.” A man has and purchase, and it is unreasonable that a negotiation fee should to bear with the malice of his neighbours, unless effect is given be allowed in the one case and not in the other. No doubt, one to it in acts which violate his independent' rights. The result
, difficulty in the way of the appellants in the above-mentioned Sir FREDERICK POLLOCK observes, tends to the simplification of cases was that they had to claim foes according to the old system the law, and he expresses the hope that, so far as civil actions for the preliminary agreement and negotiations, the result
of are concerned, it will enable us to get rid of the perplexed and this being considered by Lord HERSCHELL in Savory v. Enfield perplexing word "malice” altogether.
THE PRINCIPLE of Allen v. Flood has been recognized and a presentment to the court as to the hardship inflicted. The acted upon in an interesting case-People, fc. v. Davis-decided learned chairman defended the conduct of the committing in the Criminal Court of Cook County, lilinois, in February, justices on the ground that the prisoner was given the option and reported in the National Corporation Reporter. The circum- of having his case tried summarily, but preferred to be tried by stances were very similar to those in the English case. The a jury. No doubt there may have been something in what the defendants, who were members of a trade union, threatened to chairman said, although it does not appear that the justices call out the engineers of the Thomas Elevator Co. unless two gave the prisoner any opportunity of finding bail. But the workmen who were not members of the union were discharged. prisoner had a right to be tried by a jury, and most people will The threat was carried into execution, the works were stopped, sympathize with him in his desire to avail himself of this and thereupon the obnoxious workmen were discharged. The right. defendants were indicted under the Illinois Conspiracy Statute, which provides that if any two or more persons conspire or agree together with the fraudulent or malicious intent wrongfully THE EXCEPTIONS usually introduced into a bill of lading aie and wickedly to injure the person, character, business, or wide enough to save shipowners from much of the liability employment, or property of another they shall be which would fall upon them in consequence of loss or damage to deomed guilty of a conspiracy”; and the punishment is speci- the cargo in the course of the voyage, but, as several recent cases fied. The difficulty with which the court had to contend was have shown, they have not hitherto been extended to relievo caused by the words "wrongfully and wickedly." The mere the shipowner from providing at the outset proper accommodation agreement with a fraudulent or malicious intent to injure was for the safe keeping of the cargo. In Maori King v. Hughes (44 under the statute not sufficient. There must also be a purpose W. R. 2; 1895, 2 Q. B. 550) it was held that in a bill of lading to carry into execution the fraudulent or malicious intent stated to be for the carriage of frozen meat, there was an im"wrongfully and wickedly”- that is, it was held, by the use of plied warranty that the ship was at the time of shipment fit to wrongful and wicked means. But the means were those just carry such cargo. Hence the shipowner would be liable if he described-namely, the calling off of the engineers, and the did not start the ship with proper refrigeratiog machinery, court declined to regard this as wrongful simply because although the exception in the bill of lading would relieve him in of the malicious intent. There must, by the words of case of a breakdown of the machinery in the course of the the statute, be malicious intent and also, as a separate matter, voyage, An interesting case of a similar nature arose in wrongful means, and for the means to be wrongful they Queensland National Bank v. Peninsular and Oriental Steam must be wrongful in law. In a case like the present, where Navigation Co. (46 W. R. 324). Gold coins were shipped there was no suggestion of fraud, immorality, injury to the on board one of the ships of the defendant company under public, or violation of contract, it was held that wrong, a bill of lading, which contained an exception against loss fulness in law must import at least a civil wrong, and by robbers or thieves. The box containing the gold was on the authority of Allen v. Flood no such civil wrong was placed in the bullion-room of the ship, and during the voyage constituted by mere malice, The legal principle settled by the room was broken into and the box stolen. The question the case, said BAKER, J., is that the existence of a bad arose whether there was any implied warranty that the bullionmotive will not convert an act which is not of itself illegal room was fit to resist thiores, and the Court of Appeal held that into a civil wrong. This states Allen v. Flood exactly, but it is there was. The gold was shipped on the understanding that curious to find the authority of the House of Lords invoked it would be placed in a bullion-room, and the specific object of against the application of a criminal statute specially directed at such a room is to prevent theft. The warranty applied to the malicious conspiracy.
soundness of the room at the commencement of the voyage, and was not excluded by the exception in the bill of lading in
respect of loss in the course of the voyage. Hence the question LAST WEEK, at the Kingston quarter sessions, a man was tried of warranty was decided against the shipowners. for larceny under circumstances which, if the newspaper reports are to be trusted, point to a case of great hardebip. "The prisoner was charged with stealing lead, the property of Her Majesty. It appears that he was arrested near one of the rifle THE PRIORITY OF EQUITABLE INCUMBRANCERS. ranges at Ash, near Aldershot, picking up spent bullets among An interesting example of the rule that as between successive the gorse, and it was for the larceny of these bullets that he incumbrances upon an equitable interest priority is gained by was indicted. He was very properly acquitted, and, unless it the incumbrancer who first gives notice to the trustees in whom were conclusively proved that these spent bullets are collected the property is vested is afforded by the decision of KEKEWICH, by the military authorities and that the accused know that such J., in the recent cuse of West v. Williams (46 W. R. 362). was the fact, it is impossible to see how any jury could have WALTER WILLIAMS, the elder, by his will dated in 1889, devised found any other verdict. The essence of larceny is the animus all his real and personal property to trustees upon trust as to furandi, or the intention of depriving the owner of his property the ultimate residue thereof 'to pay the income to bis son, the against his will. Hence a thing abandoned by its owner cannot defendant WALTER WILLIAMS, during his life, and after his be stolen, as the common law has for centuries recognized. death upon the further trusts declared by the will. The testaNow, to the ordinary mind, nothing can appear to be more tor died in March, 1892. By a mortgage dated the 24th of thoroughly abandoned by the owner than the bullet which is December, 1895, W. Williams, the younger, assigned to the fired from a rifle, and it is difficult to see how magistrates could plaintiff West all his interest under the will as security for an have brought themselves to send a man for trial under circum- advance of £600, and he covenanted that during the existence stances which of themselves raise a strong presumption of of the security he would not further deal with such interest. So innocence,
without the clearest proof of guilty intent. As long as there was no breach of covenant, notice of the assignBaron Parke said in the case of Reg. v. ®Thurborn (1 Den. ment was not to be given to the trustees of the will. On the C. C. 387), “the guilt of the accused must depend on same date W. WILLIAMS charged his interest under the will with the circumstances as they appear to him, and the crime the repayment of the sum of £150 to the defendant TEMPLE. This of larceny cannot be committed unless the goods taken charge was expressly made subject to the mortgage just menappear to have
owner and the party taking must tioned. know and believe that the taking is against the will of the In 1896 further dealings with the life interest took place. By owner.” The worst feature, however, in this case is the fact a mortgage dated the 2nd of April in that year W. WILLIAMS that the accused person was kept three months in prison awaiting assigned his interest under the will to the defendants P. A. trial on this most trumpery charge. The judges have lately WILLIAMS and J. W. WILLIAMS as security for an immediate made some very severe comments on the conduct of magistrates advance of £2,297 and for such further annual sums of £200 as in unnecessarily keeping accused persons in prison, but surely should be advanced under a covenant contained in a settlement this case is a harder one than any of those which called for of even date with the mortgage. By this settlement. W. such comments, and the Surrey grand jury very properly made WILLIAMS assigned the equity of redemption in his life interest