hereu pon serve notice of the presentation of the petition, and of he nature of the security, and a copy of the petition on the respon dent. Then follow certain provisions as to lists of petitions being made out by the officer of the Common Pleas, and as to the order of trial of petitions. The court which is constituted by the Act to try these petitions will consist (sect. 14) of a barrister, qualified and appointed under the Act, without a jury. It would, of course, be impossible to find a jury free from feeling in the matter who could try such a question. When the lists of petitions are made out they are to be sent to the Judges on the rota for the trial of Parliamentary election petitions; and they, or any two of them, are to determine the number of barristers, not exceeding five at one time, for the trial of the petitions, and are to assign the various petitions to them. Barristers appointed under the Act must be of not less than fifteen years' standing, and no Member of Parliament, no person holding an office or place of profit under the Crown, other than a Recorder, will be eligible, and the Recorder may not try a petition in the borough of which he is Recorder, nor may a barrister try a petition in any borough in the circuit on which he himself practises. The court thus constituted will have all the powers of the court under the Parliamentary Elections Act 1868, which are, under sect. 28 of that Act, the powers of a Judge of the Superior Courts or of a Judge of assize and Nisi Prius. There is one important proviso, however, and that is, that any fine imposed or order made by the Municipal Election Court may be modified or discharged by the Court of Common Pleas or by a Judge of that court in the vacation. This may prove a useful check upon the abuse of arbitrary power, as, unfortunately, some members of the Bar when they have been appointed to inquire into election matters have not shown that discretion which might have been expected of them. The court for the trial of these petitions (sect. 15) is to be an open court within the borough where the election has taken place, except under exceptional circumstances by order of the Common Pleas. The Election Court will certify its finding to the Common Pleas, and its certificate will be final as to the issues in the petition. Where corrupt practices or offences against the Act are charged, the court will report whether these things took place and were done with the knowledge of the candidate; the names of all persons guilty; whether corrupt practices have extensively prevailed, and may make any special report to be submitted to the Common Pleas. The court may state a special case and may reserve questions of law as to the admissibility of evidence. On the trial of a petition proof of corrupt practices may be given before proof of agency, and the respondent may, if he choose, show that a petitioner claiming the scat was not duly elected. A copy of the certificate and report is to be sent to the Secretary of State, and any copy of a certificate or decision of the Common Pleas is to be certified under the hands of two judges of that court to the town clerk of the borough. Sect. 16 deals with the examination and summoning of witnesses, and gives power to compel answers to criminating questions, but provides that witnesses answering such questions shall be indemnified by a certificate of the court from any proceedings in respect of his answers. This confers on these courts the power given to election, committees, and bribery commissions, by 26 & 27 Vict. c. 29, sect. 7. Sects. 17 and 18 deal with the withdrawal or abatement of a petition, and give power to the Common Pleas to substitute any person duly qualified for the original petitioner on the security for costs being continued or renewed. The costs of a petition are to be paid by such parties to the petition as the court may direct, and they are to be taxed, as ordered by the rules to be made, but on the same principles as between attorney and client in Chancery, and they may be recovered as costs in an action at common law. Neglect to pay costs by a petitioner will entail forfeiture of his recognizances. Then come provisions as to the reception of the court. The town clerk is to provide accommodation, and all police officers and gaolers are to give assistance as required. The court may employ clerks, and their expenses are to be defrayed as reception expenses. A shorthand writer is to be employed to take down the evidence at length. By sect. 21, the Judges on the rota for election petitions are to make rules to guide the practice of the court, but until those rules are made, the rules of the Parliamentary Election Courts are to apply as far as possible, and the rule of these latter courts as to evidence, agency, scrutiny and declaring a person elected, are to apply in like manner. The barristers forming these courts are to be paid by the Treasury for their services sums to be fixed by the Judges on the rota. These sums are to be repaid by the borough where the petition is tried, and the borough will be paid by the petitioner or the respondent if, in the one case, the petition is frivolous, or in the other the respondent is found guilty of corrupt practices. Acts done by persons elected pending the trial of the petition are not invalidated by unseating. Sect. 26 provides that no person voting by ballot shall be required to state for whom he voted. The Act does not extend to Scotland, but with certain modifications it does apply to Ireland.

It will be seen from this sketch of the Act that the Legislature has applied as far as possible the provisions applicable to Parliamentary elections. Indeed, some of the sections in the new Act are copied out of the Parliamentary Elections Act 1868. So far as we are able to judge, the Act is well drawn, and is an exception

to the careless legislation of the session. It provides a tribunal for the trial of election petitions, which, if men of standing and position are selected, will go far to secure purity in the municipal elections. To have able and impartial men to investigate questions relating to corrupt practices is the surest mode of checking the recurrence of those practices. We only hope that fit men may be found. It cannot be forgotten that the employment will be precarious and not certain, and that will create a difficulty in inducing the best men to accept the duties. However, the appointments are in the hands of the Judges, and they are most likely to know the most fitting men, however objectionable patronage in their hands may be.

THE STOCK MARKETS.

CITY, THURSDAY, SEPT. 5. THE markets during the past week have not shown much activity and, with the exception of the Foreign market, have generally moved in a downward direction, although Consols are rather better. Bank of England stock has declined 2, and Metropolitan Three and a half per Cents. This dullness is attributed to the absence of dealers, and the difficulty, in consequence, which sellers experience in finding buyers, and partly also to the apprehension as to the future effects of Messrs. Gledstanes' failures-apprehensions which have been still further justified by the suspension of the firm of Legatt and Co., of London and Bombay. In the American market there has been a rise of in Atlantic and Great Western Bonds and Debentures, but a decline of 1 in Erie, and in Illinois. In the Home Railway Market movements are mostly downwards, in consequence of numerous realisation sales. The decline is most marked in Caledonians, which have receded 4, in consequence of an unfavourable dividend of only 5 per cent.; and in London and Brighton, which has lost 3; London and North Western is also 24 lower; but Manchester and Sheffield, and Metropolitan are 1 better. In the Foreign Railway Market, Antwerp and Rotterdam has advanced 2.

In the Foreign Market the tone is decidedly healthier, and movements nearly all upwards, with the exception of Honduras, which has declined 4 in consequence of a sensational newspaper report, as yet totally unconfirmed, regarding the destruction of the railway as far as it has been completed. Argentine and Brazilian description are 1 higher, but Costa Rica Scrip has declined 1. The demand for discount during the week has been only on a limited scale at 3 in the open market. The Bank has not altered the rate of 34.

The latest quotations for British Funds are as follows: Consols for money 92 to 924; ditto 2nd Oct. account, 92 to 923; Reduced and New Three per Cents., 911 to 914 ex div.; Exchequer Bills, par to 5s prem.; India Five per Cent. 110 to 1111; ditto Four per Cent., 96 to 97; ditto Enfaced Paper Four per Cent. 96 to 97; ditto Five and Half per Cent 106 to 107; Bank of England Stock, 246 to 248; Metropolitan Three and a Half per Cent., 97 to 98; French Rentes in this market 53 to 514; and ditto New Loan, 4 to 44 pm.

In the market for American Securities, the United States of 1882 are marked 923 to 923; ditto 10-40 Bonds, 88 to 884; Atlantic and Great Western Bonds, 33 to 31; ditto Debentures, 43 to 44; Eries, 38 to 39; Illinois, 101 to 105; and United States Funded Loan, 89 to 90. In the Railway Market the prices are:-Caledonians, 114 to 114); Great Eastern, 49 to 49; Great Northern, 138 to 139 ex. all.; ditto, A, 162 to to 164 ex. all.; Great Western, 118 to 119 ex. div.; Lancashire and Yorkshire, 153 to 154 ex. div.; London and Brighton, 75 to 76; London, Chatham, and Dover, 251 to 25; ditto 4 per cent. preference, 623 to 63 ex. div.; London and North-Western, 1461 to 147 ex. div.; 106 to 1071 ex. div.; Manchester, Sheffield, and Lincoln, 803 to 81; Metropolitan, 62 to 62 ex. div.; ditto District, 29 to 29; Midland, 144 to 144 ex. div.; North British, 78 to 79; North Eastern Consols 1664 to 166 ex. all.; South Eastern, 104 to 1044; ditto Deferred, 8C to 861; Grand Trunk of Canada, 20 to 20; Great Western of Canada, 223 to 223; Antwerp and Rotterdam, 25 to 26; Great Luxembourg, 17 to 177; and Lombardo Venetian, 19 to 20. The prices of the principal Foreign Stocks are as follows: Argentine 1868, 95 to 96; do., 6 per cent., 1871, 904 to 91 ex. div.; Bolivian, 6 per cent. 60 to 61; Brazilian, 5 per cent. 1865, 951 to 963 ex. div.; do., 5 per cent., 1871, 96 to 97; Costa Rica Scrip, 1872, 9 to 7 dis.; Egyptian, 7 per cent., 1868, 89 to 893; do., Viceroy Loan, 91 to 93; do., Khedive Mortgage Bonds, 841 to 84; French Morgan, 6 per cent. Loan 100 to 100; do. National, 5 per cent., 24 to 2 pm.; Greek, 5 per cent., 16 to 17; Honduras, 41 to 43; Italian of 1861, 66 to 67; Mexican, 15 to 16; Paraguay, 8 per cent., 1871, 80 to 81; do. 1872 scrip, 6 to 3 dis.; Peruvian 6 per cent. 1870, 76% to 77; do., 1872 scrip, 6 to 3 dis.; Spanish 30 to 30; do., 3 per cent., 1871, 30% to 30%; Turkish, 5 per cent. 1865, 52 to 52; do. 6 per cent. 1869, 64 to 61; do. 6 per cent. 1871, 733 to 73; and Uruguay Consolidated Loan, 731⁄2 to 74.

In the Telegraph Market, Anglo-American Stock is quoted at 118 to 120; British Australian, 7 to 7; British Indian Extension, 11 to 12; Chinas, 8 to 9; Cubas, 8 to 9; Eastern, 9 to 10; Great Northern, 11 to 11; Mediterranean Extension, 6 to 7; Reuter's, 9 to 10; French Cables, 22 to 221; and West India and Panama, 4 to 54.

In miscellaneous shares the prices are as follows:-General Credit and Discount 2 to 3 pm.; International Finance, to dis.; Hooper's Telegraph Works, to pm; Hudson's Bay, 12 to 12; India Rubber and Gutta Percha, 34 to 35; National' Discount, 11 to 12; Telegraph Construction, 31 to 32; Royal Mail Steam, 89 to 91; Native Guano, 15 to 17; Phosphate Sewage, 13 to 15; New Sombrero Phosphate, 3 to 4; and Phospho Guano, 10 to 114.

We are requested to state that Winstanley and Horwood, of No. 10,

never were in any way

Paternoster-row, St. Paul's, E.C., are not and connected with the firm of Winstanley and Co., now carrying on business as auctioneers at Broad-street buildings, or with Clement Winstanley of the same place, whose name appears' in the London Gazette as a bankrupt on the 6th ult.

ELECTION LAW.

THE BALLOT ACT.

THE Mayor of Pontefract has addressed the following letter to the Times on the working of the Ballot Act:

Sir, The recent election for this borough, the first which has been held under the Ballot Act, has attracted so much notice that you may, perhaps, not be unwilling to insert a few lines from me, giving, from a returning officer's point of view, what in my humble judgment are the principal advantages and defects of the new law. I should premise that in some respects Pontefract is not so favourably circumstanced as some boroughs for the first experiment of this great change, inasmuch as the Parliamentary limits embrace a considerable area, the population of which is essentially rural, and in which the proportion of electors unable to read is above the average. In consequence, also, of the large area of the borough, three of the polling places are necessarily at a distance of some miles from the Town-hall, and this occasions some delay in the final proceedings which would not occur in most boroughs. I might add that, as the writ was issued within three weeks after the passing of the Act, the provisions of the latter had not been studied before we had to put them into execution, and we had nothing to guide us in the shape of "" manuals or precedents.

66

On the other hand, I am bound to say that all concerned were anxious, for the credit of the borough, that the letter and spirit of the Act should be faithfully observed; and, except one harmless squib, I know of nothing having been either printed or said during the election inconsistent with secret voting. The presiding officers and the agents and clerks in the polling places used every exertion to facilitate the new process. The following are the principal observations which occur to me on the working of the Act :

1. The election was conducted without excitement, our former experiences being quite the reverse. There was no drunkenness in the streets, not a single case being brought before the borough court, nor were the public houses fuller than on any ordinary day. I write on this point with some authority, as I have taken part in Pontefract elections for 25 years, having been mayor and returning officer on three occasions, and my observation is confirmed by my brother magistrates, and indeed, by all to whom I have spoken, whatever their opinions on the ballot question may have

been.

2. There was no crowd around the polling places, and no difficulty in getting to the poll, the contrary having often been the case at previous elections. The average time spent in taking the votes of those who could read was from thirty to forty seconds each, so that from ninety to 120 per hour might vote at each polling place. Surprise was generally expressed by all excepting the illiterates at the simplicity of the process, and this is confirmed by the fact that out of 1248 voting papers only twelve, or less than 1 per cent., were found to be invalid. I give these figures as error has been made in statements on this head recently published.

3. The abolition of the public nomination is a decided improvement. On that day (as well as on the day of polling) there was formerly much excitement and drunkenness; now hardly any one left his work or business.

opening the papers, many of which are awkwardly folded by the electors, and in taking care that the numbers on the backs are not visible to the agents. Allowing for this, I think that, from the time of the receipt of the ballot-boxes from the presiding officers to the declaration of the result by the returning officer, about an hour per from 750 to 1000 voters, will be required, the exact time depending upon the number of ways in which an elector can vote, and the number of rejected papers. The best manner of "recording" the numbers while the votes are counted has been a good deal discussed. Our experience at Pontefract will be of service only in single contests, but I would suggest for the consideration of returning officers whether the best plan in all cases, would not be what we adopted-i.e., not to make any "record" on paper of each vote, but to make separate piles of ballot papers, according to the number of different ways in which electors may vote; counting the numbers of each pile, and working out the result. Thus, if there are four candidates for two seats, there would be ten distinct ways in which any elector may vote, and the ballot papers being distributed among the ten piles and each pile counted, the result will be ascertained at once by a simple sum in arithmetic. 6. The only material difficulty in voting under the new law arises from the twenty-sixth rulei.e., in connexion with the "illiterates." The time wasted over them was extreme, and I fear that their patience and that of the presiding officers was frequently and sorely taxed. If it is considered necessary that their declarations should be made in the polling places, it might at any rate be much simplified. According to the form given in the schedule to the Act, no less than fourteen blanks have to be filled up by the presiding cfficer or his clerk for each vote. I would suggest that all these declarations should be made at each booth, on a single sheet, the only blanks left being for the name and number of the elector and for his mark. But would it not be still better that the "illiterate" electors should be declared as such at the time of registration and on the roll, and that they should vote either at special booths in constituencies containing a large number, or at least without any fresh declaration?

7. There are one or two trifling points in which the Act requires explanation or amendment. For instance-first, if candidates are present in polling places, must they subscribe the declaration? See rules 51 and 54; secondly, should the counterfoils of the unused papers be separated from them and sealed up with the other counterfoils, or, should they be produced to the returning officer with the unused papers to which they are attached? thirdly, how many agents may each candidate appoint to attend? (rule 31); fourthly, if the elector writes the name of the candidate instead of marking a cross, is the vote invalid?

I must apologise to you for having written so long a letter, but perhaps I may be allowed to say in conclusion that I have never been an ardent advocate of the Ballot, and that before the extension of the suffrage in 1867 I was on the whole opposed to it. This election, however, affords to my mind strong evidence in its favour.-I am, Sir, your obedient servant,

RICHARD MOXON, Mayor of Pontefract and Returning Officer.

POLLING DISTRICTS IN MIDDLESEX.-At the Middlesex Sessions the report of the committee of dividing the county and boroughs into polling appointed by the court to inquire into the subject districts was presented. The alterations proposed are these viz., the existing polling place at Edgware to be abolished, and a new one fixed at Harrow, near the railway station, the new district to be called the Harrow polling district, and to comprise the parishes of Harrow, Edgware, Great Stanmore, Little Stanmore, Pinner, and Kingsbury; also to abolish the polling place at Hornsey, and to fix a new one at Church-end, Finchley, to be called the Finchley polling dis

SOLICITORS' JOURNAL.

--

NOTES OF NEW DECISIONS. WILL RESIDUARY CLAUSE- No SPECIFIC BEQUEST-GENERAL WORDS.-A testatrix, after several small bequests, bequeathed "all my house. hold goods, furniture, clothes, moneys, securities for money, whatsoever," to his sister. The court held that these words constituted a residuary bequest, and granted administration with the will annexed to the sister: (In the Goods of Garrett, 26 L. T. Rep. N. S. 984. Prob.)

OF

HOUSE-OCCUPIER OF UPPER STORY-DUTY NEGLIGENCE - ESCAPE OF WATER. - The plaintiff occupied a shop on the ground floor, and the defendants an office on the second floor of the same house. During the absence of the defendants one Sunday, water escaped from a pipe in a closet on their premises, and, by oozing downwards, did damage to the shop of the plaintiff. This mischief was caused by a valve which was under the seat of the closet, and covered with wood work having given way. There was no reason to suspect that it had done, or was in any danger of doing so, or that anything was wrong with the closet. An action having been brought in the County Court by the plaintiff against the defendants for the damage sustained, the judge found that there was no negligence on the part of the defendants, and decided, therefore, that, under the circumstances they were not liable (distinguishing Rylands v. Fletcher, 19 L. T. Rep. N. S. 220; L. Rep. 3 H. L. 330; and likewise Carstairs v. Taylor, L. Rep. (6 Ex. 217). On appeal, the court (Blackburn, Mellor, and Lush, JJ.) approved and affirmed this judgment: (Ross v. Fedden and another 26 L. T. Rep. N. S. 966. Q. B.)

HEIRS-AT-LAW AND NEXT OF KIN.

HARDEN (Thos.), 41, Wells-street, Oxford-street, Middlesex formerly a tin plate worker. Next of kin and heir-at-law to come in by Nov. 6, at the chambers of V.C. W. Nov. 15, at twelve o'clock, at the said chambers, is the time appointed for hearing and adjudicating upon such claims. HEWARD (Jos. Elder), Esq., 28, St. George's-place, Hydepark, Middlesex, Next of kin and heir-at law to come in by Nov. 12, at the chambers of V.C. M. Nov. 9, at twelve o'clock, at the said chambers, is the time appointed for hearing and adjudicating upon such claims. JACKSON (Jane), formerly of White Hart lane, Tottenham, Middlesex, widow. Next of kin to come in by Nov. 2 at the chambers of V.C.W. Nov. 16, at the said chambers, is the time appointed for hearing and adjudicating upon such

claims.

CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF PROOF.

BODY (Wm.) Upper Dicker Arlington, Sussex, carpenter. wheelwright, and farmer, Oct. 1; Lewis G. Fullagar, solicitor, Lewes. Nov. 1, V.C. W., at two o'clock. HARDEN (Thos.), 41, Wells-street, Oxford-street, Middlesex, Oct. 10; C. H. Hodgson, solicitor, 10, Salisburystreet, Strand. Nov. 15. V.C. W., at twelve o'clock. HUDLESTON (Robert J. L.), Esq., 62, Oakley-square, St. Pancras, Middlesex. Oct. 4; L. R. Valpy, solicitor, 19, Lincoln's-inn-fields, W.C. Nov. 5; V.C. M., at twelve

o'clock,

SHOVE otherwise BROWNLOW (Emma L.), 18, Lupus.street, Pimlico, Middlesex. Get. 14; W. Holmes, solicitor, Threadneedle-street, E.C. Nov. 4; V.C. M., at twelve

o'clock.

CREDITORS UNDER 22 & 23 VICT. c. 35. Last Day of Claim, and to whom Particulars to be sent. AIRY (Sarah), Southport, Lancaster. Nov. 1; Nicholson and Herbert, solicitors, 23, Spring-gardens, Westminster. BADCOCK (Robert), The Elms, St. James, Taunton, banker. Oct. 3; Beadon and Sweet, solicitors, il, Hammet-street Taunton.

manoeuvres

marched out of the borough for the autumn a few days before the election; thirdly, that a large number of sailors, chiefly residing at Knottingley, who were at home at the general election (in winter), were at sea; and, fourthly, because some electors notoriously did not favour a contest and abstained from voting. 5. I am not of opinion that the requirements of the Act as to counting the votes cause any delay to which reasonable objection can be taken. On this occasion I was very anxious that no mistake should possibly creep in, and this anxiety, coupled with some little delay, arising partly in connection with the appointment of the candidates' agents, and partly with our inexperience as to the best way of dealing with the returns and parcels received from the presiding officers, lost us probably something over an hour. There are two "countings -the first, of the "voting papers' after the ballot boxes have been opened; the

Hendon, and Friern Barnet. The parish of Hornsey is added to the Tottenham polling district. It will be necessary to fix a new polling place at Hadley, which will comprise the parishes of Monken Hadley and South Mims. These arrangements will only create an addition of one to the existing number of polling places-viz., 16. The committee recommend that the county be divided into several polling districts. Mr. Pownall said that as the revising barristers had already made their arrangements for the next registration, the carrying the report now would have the effect of throwing those arrangements into confusion, and he moved that the court defer the

issuing of their orders until the next county day.

The motion was carried.

TAXING MASTERS IN CHANCERY.-Notice has been given that Taxing Master Johnson will Wednesdays, Thursdays, and Fridays.

BETHELL (Jas.), Esq., Woodmansterne, Surrey. Oct. 7;

Walters and Gush, solicitors, 3, Finsbury-circus, E.C. BURMESTER (John W.), Esq., formerly of 17, Princes terrace, Hyde Park, Middlesex, and late of West-hill Wandsworth, Surrey. Nov. 2; Freshfields, solicitors, 5, Bank-buildings, E.C.

farmer. Oct. 15; Jas. Soames, solicitor, Petersfield, Hants. COLQUHOUN (Archibald C. C.). Killemont, N.B., of 8, Chesham-street, Middlesex, and Chartwell, Westerham, Kent, Oct. 31: Bridges and Co., solicitors, 23, Red Lion-square, W.C. COMINS (Jas.), Beverley, gentleman. Nov. 1; Robinson and Son, solicitors, Beverley. COOPER (Wm.), Esq., Claremont-buildings, Shrewsbury. Dec 4; Rev. N. Cooper, Oxon, near Shrewsbury. DAVIS (Elizabeth), 162, Walworth-road, Surrey, formerly of 90, High-street, Newington Butts, Surrey. Oct. 24; H. Harrison, 34A, Moorgate-street, E.C.

DIXIE (Sir Alexander B. C.), Bart., Bosworth-park, Leices ter. Nov. 1; Miles and Co., solicitors, Cank-street, Leicester. ELLINGHAM (John), The Yorkshire Stingo, 183, Maryleboneroad, Middlesex, wine and spirit merchant. Sept. 28 Willis and Willis, solicitors, Winslow, Bucks. ELLSMORE (Wm.), Folkestone, gentleman. Sept. 16; R. Hart, solicitor, 11, Church-street, Folkestone. FOLLETT (Emma), formerly of 299, Hampstead, Middlesex, and late of 395, City-road. Oct. 14; Wootton and Son, solicitors, 2, Finsbury-circus, E.C.

FOULKES (Wm. K.), Penrallt, Llanrhaiadryn Mochnaunt, Denbigh, farmer. Oct.; 10; Longueville and Co., solici tors, Oswestry.

have been mixed. Some loss of time occurs in

kinson and Howlett, solicitors, 14, Bedford-street, Coventgarden, Middlesex.

HAMES (John), Rotherby, Leicester, farmer and grazier.
Nov. 1; Berridge and Morris, solicitors, Leicester.
Nov. 30;
JEFFERSON (Wm.), Nafferton, York, farmer.
Saxelbyes and Co., solicitors, 2, Quay-street chambers,
Hull.
JENNINGS (Reginald), Bishop's Scortford, Herts, gentleman.
Oct. 25; T. Unwin, solicitor, Sawbridgeworth, Herts.
JOHNSON (Wm.), Esq., 17, Albemarle-street, Piccadilly,
Middlesex, formerly of Dublin. Dec. 1; Collyer and Co.,
solicitors, 4, Bedford-row, Middlesex.
KILLICK (Richard), Esq., Crouch House, Edenbridge, Kent,

Dec. 2: Drummond and Co., solicitors, Croydon, Surrey. HORTON (George), Esq., formerly of Greenwich, Kent, late of Seigniory of De Ramsey, Montreal, Canada East

Nov. 15; Randall and Son, solicitors, 9, Tokenhouse-yard,

E.C.

HUGHES (Geo. E.), Esq., Offey-place, Herts. Oct. 1; Warry and Co., solicitors, 70, Lincoln's inn-fields, W.C. LUND (Wm.), 56, Cornhill, and 23. Fleet-street, E.C., and Cheshunt, merchant cutler. Nov. 4: Wores and Hawes, solicitors, 7, Great Winchester-street-buidings, E.C. MELLIN (Samuel B.), Rhosllanerchrugog. Ruabon, Denbigh, clogger. Oct. 9; Sarah J. Mellin, High-street, Rhos.

llanerchrugog.

MORRISS (Martha), Sumner House, Sumner-road, Croydon.

Sept. 18; W. J. Myatt, solicitor, 3, Arthur-street East,, London-bridge, E.C.

NORTON (George, Esq., Chalet. Esher, Surrey. Oct. 31 Horne and Hunter, solicitors, 6, Lincoln's-inn-fields, W.C. PAGET (JOS.), 81, Bull-street, Birmingham. Oct. 22; Hodg son and Son, solicitors, 13, Waterloo-street, Birmingham. PARFREY (Youngs), 141, Buckingham Palace-road, gentleman. Nov. 80; J. G. Murrongh, solicitor, 11, Great James-street, Bedford-row, W.C.

PLANT (Anna), The Wheatsheaf, 79, King-street, East
Hammersmith, Middlesex. Oct. 8; Buckley and Co.,
solicitors, 114. High-street, Kensington.
PIKE (John), Saltash, Cornwall, gentleman. Oct. 14; J.
Devonport.

MAGISTRATES' LAW.

THE NEW LICENSING ACT.
OPERATION OF THE ACT.

IN several towns of Somerset, as in Dorset, the hours specified in the new Act have been adopted. At Taunton the Licensed Victuallers' Association of that town complained to the magistrates of precipitate action on the part of the police, and several prosecutions have been withdrawn. Several nights, after eleven o'clock, open-air meetings or "freeand-easys," to condemn the measure, have been held in the centre of the town.

Both in the city of Canterbury and in the Home (St. Augustine's) petty sessional division the public and innkeepers generally appear to accept the new licensing law. Hitherto only two infractions, both on the part of licensed victuallers, have occurred. In Canterbury the police gave a few days' notice that the hours of closing defined in the Bill which has recently become law would be enforced on Sunday, and as evidence of the strict obedience to the mandate the streets of the old city at 10.30 were almost deserted. The local justices have held a special sitting and appointed a licensing committee out of their number, and it is understood that those elected to carry out the the hours of closing at twelve on weekdays and ten o'clock on Sundays. The present closing time is ten o'clock and eleven respectively, and this arrangement must remain in operation for about two months pending the date of the next annual licensing day and the publication of the necessary notices preceding any alteration. Meanwhile the magistrates have granted to a publican carrying on business in the vicinity of an early market in cations in the district have been ordered to stand

same.

we have had that if there had been a fuller bench of magistrates here the result would have been the The application was therefore refused. There appears considerable dissatisfaction with the result, and all the mills will be stopped during the time named, which is always devoted to a general holiday.

In the Dartford division the new law is being quietly carried into operation. All the public houses in the outlying districts, as well as in the town, are required to close at eleven at night, irrespective of population, and to open not earlier than six. The first conviction under the new law occurred last week. A man, named Thomas Smith, a sailor, was charged before Mr. Umfre ville at Ingress Abbey, with having been drunk and uproarious at Dartford, and was sent to gaol for twenty-one days with hard labour. Several applications from Erith have been made to the Dartford Bench for extension of the hours of opening, and one was conceded last Saturday, while others stand over.

RICHARDSON Wm.), Beverley, and Co., Solicitors, Beverley. RODD (John), Reed House, Northam, Devon, gentleman. Nov. 1; J. Pearse, solicitor, Hawkesleigh, Devon. SELBY (Edw.), Blyth-hill, Forest-hill, Kent, and 33, Marklane, E.C., wine merchant. Oct. 16; Fielder and Sumner, solicitors, 14, Godliman-street, Doctors'-commons. SELL (Frederick H.), formerly of Queen's College, Cambridge, late of Wellington, New Zealand. Nov. 13; W. Rees-Mogg, solicitor, Cholwell, Temple Cloud, Bristol. SHIPSTONE (Thos.), Beverley, York, gentleman; Oct. 1; Stephen E. Todd, solicitor, Beverley.

SMITH Richard), Perrivale, Middlesex, farmer. Oct. 13; Woodbridge and Sons, solicitors, Uxbridge.

Plumtree-street, Notts, merchant. Oct. 31; S. Maples, solicitor, 22, Low Pavement, Notts.

STOKES (Henry), 18, King-street, Snow-hill, distiller. Nov.
1; C. W. Dommet, solicitor, 20, Gutter-lane, Cheapside,
E.C.
SUTTON (Thos.), 20, Burr-street, St. Katherine Docks, Mid-

lesex, mercantile clerk. Oct. 12: Stocken and Jupp, soliTARRANT (Wm.), formerly of Shanghai, China, late of 23, Paddington-green, Middlesex. Jan. 1: Warry and Co., solicitors, 70, Lincoln's-inn-fields, Middlesex. VAUGHAN (Frederick G., Clarendon Villa, Granville-park, Lewisham, Kent, and Morland-road, Croydon, &c., timber merchant. Nov. 30; Flower and Nassey, solicitors, 1,

citors, 134. Leadenhall-street, E.C.

Great Winchester-street-buildings, E.C. WALLIS (Jemima) Belle Vue House, Herne Bay, Kent. Oct. 28; C. Dillon Webb, solicitor, 61, Carey-street, Lincoln's-inn, W.C.

WATSON (Wm.). Weeting. Norfolk, farming steward. Oct. 1; E. B. Coaks, solicitors, Bank Plain, Norwich. WOOD (Richard), Bedford Nursery, Haverstock-hill, Middlesex. Oct. 11; Field and Co., solicitors, 36, Lincoln's-innfields, W.C.

WRIGHT (Arthur J.), 42, Lansdowne-road, Kensington

park, Middlesex, and 3, Great Winchester-street-buildings, Great Winchester-street, E.C. Oct. 1; Paine and Layton, solicitors, 47, Gresham House, Old Broad-street, E.C.

REPORTS OF SALES.

Tuesday, Aug. 27.

A freehold ground rent of £38 158. per annum-sold for £775. Kennington-park-road.-No. 44, freehold-sold for £760. Peckyam-rye.-The National Schools, freehold, also a ground rent of £10 10s. per annum-sold for £160. By Messrs. WARLTERS, LOVEJOY, and MILES, at Garraway's. Westminster-Nos. 33 and 34, Douglas-street, and Nos. 10 and 11, Douglas-gardens, term 22 years-sold for £340.

over.

The magistrates of the Banbury and Bloxham Division held the annual licensing day at Banbury last week. A printed form had been issued to the publicans and beerhouse-keepers stating the hours under the new Act, and the chairman (the Rev. C. F. Wyatt), in addressing the applicants, said that the penalties against drunkenness had been greatly increased, and he hoped the new Act would be the means of diminishing drunkenness. Colonel North, M.P., said that the magistrates had the power of closing the houses at ten instead of eleven, but they were anxious to make the Act as convenient to the public as possible. If, how ever, they found at the end of the year that the result was such as to make it advisable that they should close the houses at ten, then they would be obliged to do so. It would depend entirely upon the publicans themselves, and how the houses were conducted. Mr. Norris directed the attention of the publicans to the 18th section of the Act, in which they would find they had full power to deal with drunkenness in their houses, for there was a £5 penalty attaching to a man if he refused to leave a house when asked. The police made objections to several houses, and the licences were adjourned for further consideration. The members of the Bench generally expressed their determi nation to carry out the provisions of the new Act.

sold for £880.

£150.

Roehampton.-Nos. 1 to 8, Stamford-cottages, freehold

sold for £1625.

Stamford-hill.-Nos. 3 and 4, Tinsley-terrace, term 94 years -sold for £260.

Old Kent-road, Nos. 46 and 48, Clifton-road, term 78 yearssold for £285.

Caledonian-road.-No. 19, Upper Winchester-street, term 68 years-sold for £225.

Nos. 20 and 21, adjoining-sold for £460.

No. 22-sold for £285.

No. 24-sold for £245.

Nos. 25 and 26-sold for £500.

Last Thursday week, at the Oldham borough police court, before Mr. E. A. Wright, chairman, and other magistrates, William Buckley, of the Black Swan Inn, made a somewhat novel application under the new Licensing Act. The wakes, which are the only festivals of the year in the borough, commence on Saturday and continue to the middle of the next week. Mr. Buckley said he Association for an extension of hours during the wakes week, which he called "our annual festivities." Mr. Wright: We cannot entertain any application from any association whatsoever. The Clerk: Any particular publican may make an application on his own account. Mr. Wright: It is no use our wasting time about it; we will not receive an application from any association. Mr. Buckley Will you allow me to make an application on my own account for an extension of time from Saturday until Tuesday from eleven till twelve o'clock? The period, he urged, was one in which a great many strangers came into the town, and it would be a very great boon to all the licensed victuallers if they had the time extended. At York, he observed, last week the hour was

£700.

By Mr. J. H. THOMAS, at Narberth.

races,

freehold-sold for £8550.

Friday, Aug. 30.

A ditto for £500-sold for £155.

years-sold for £350.

The general annual licensing meeting for the borough of Sheffield was held at the Town-hall on Thursday last week. A memorial was presented to the Bench by the Sheffield and Rotherham Licensed Victuallers Association, and also a memorial adopted at an open-air meeting held on the previous Monday night, praying that the magis to be opened the same hours as in the metropolis during the week, and at half-past twelve on Sun days. On the other hand a numerously signed memorial from clergymen, ministers, Sunday. school teachers, and others, and also a memorial adopted at a meeting of the Sheffield Auxiliary of the United Kingdom Alliance, held at the Botanical-gardens on Monday, praying their wor ships to make the hours as few as possible. Speeches were made in support of each of the memorials. The stipendiary said that they had given the questions the most careful consideration, and it would be impossible to comply with the prayer of the memorialists in favour of the extension of the time, inasmuch as two-thirds of the houses in which intoxicating liquors were sold in Sheffield were beerhouses, and therefore the hours allowed in the metropolis could not possibly be adopted in Sheffield. On the other hand, he pointed out that, whereas in London the public houses had to remain closed until one o'clock on Sunday, in Sheffield they could be opened at half-past twelve, and he thought that was a most valuable concession made in favour of the working man in such towns. The memorialists had laid great stress upon the fact that many hundreds of men were employed in the large iron works during the night, and that it would be a very great hardship upon them to close the houses at eleven o'clock. He said it would be impossible to make a general rule allowing houses to be open in all parts of the town for the con venience of such men, but that special application must be made by publicans in the neighbourhood of the works for the needful licence to keep open on some future day. The licensing committee believed it was the intention of the Legislature that, unless special reasons to the contrary could be shown, public houses should be closed at the time fixed by the Act. In Manchester, Leeds, Brad ford, and other places those hours had been agreed upon, and the licensing committee saw no reason why there should be any distinction made in the case of Sheffield. He thought it would be only right to give those hours a fair and honest trial in Sheffield to see what the result would be. The committee were, therefore, unanimously of opinion that public houses in Sheffield should not be they should be closed at eleven o'clock at night. opened before six o'clock in the morning, and that On Sundays they were not to be opened before half-past twelve, to be closed from half-past two till six in the evening, and close again at ten. The 12th of Sept. was fixed for the hearing of applica tions to be allowed to remain open after the hours prescribed. The Bench were asked when the Act would come in force, and the answer was that the hours named must be at once adopted, came into force on the 10th Aug. The licensed victuallers of Tunbridge Wells have determined upon forming an association for the protection of their interests.

as the Act

At the Tavistock Brewster Sessions, Mr. J. H. Gill, chairman, reminded the publicans that they could have six-day licences if they chose; and, besides the great value of resting on the Lord's day, this would cause the reduction of one-seventh of the cost of a licence. Not one six-day licence was asked for.

licensed victuallers applied for six-day licences At the Penzance Licensing Session the following Messrs. T. T. Pool, R. Carter, T. H. Faull, J. B. Langley, Heath, and Scorza, Mrs. Williams, and

explained the provisions of the new Licensing Act, and announced that the Bench had decided to adopt the hours of closing named therein.

Monday was the day appointed for the licensing of public houses, &c., at Tunbridge Wells. Thirty four publicans applied for the renewal of their licences, and as no complaint had been lodged against them during the year, the whole of them were renewed. Against the granting of new licences a memorial was presented, numerously signed by the teetotallers of Tunbridge Wells, praying the magistrates to refuse all new applications for licences which may be brought under their notice, and in all cases where there has been an infringement of the tenour of the licence to refuse their sanction to the renewal of the same, and also urging the expediency of restricting the hours of sale to the minimum allowed under the provisions of the new Act. Mr. W. C. Cripps, on behalf of the licensed victuallers of the town, applied to the Bench to grant an adjourned meeting and give the requisite notices in order that evidence should be given and an application made to extend the hours for closing public houses. The chairman (Mr. J. Stone Wigg) said the Bench had considered the applications, and had made up their minds on the subject. At present they were not disposed to alter the hours for closing on week days, but with regard to the hours prescribed in the Act for Sunday they were prepared to give the requisite notice. Mr. Cripps then made an application on behalf of the landlord of the Brickmaker's Arms, that he should open his house for the sale of beer at five o'clock, instead of six o'clock, in the morning. The applicant stated that a large number of fruitmen with vans called at his house at five o'clock, and he had to provide breakfast for them. These vans stopped in front of his house. Mr. Superintendent Embery corroborated the applicant's statements, and said the men who hawked the town with fruit met the fruiterers at the house. The Bench refused the application. A publican named Camfield made an application for power to open his house at five o'clock instead of six o'clock, because a number of carpenters and others called at his house before six o'clock for dinner beer to take with them to their work. These men had to be at work at six o'clock. The Bench refused the application. The Bench granted new licences to the Royal Oak, New Town Rust-hall; to Mr. Isaac Terry, on the application of Mr. Cripps, for the Restaurant at the New Public Rooms; and to George Homewood, of Western-road.

A meeting of Leicestershire magistrates was held at the Judges' lodgings, Leicester, on Saturday last, for the purpose of considering the Licensing Act, when there were present, among numerous others, Sir F. T. Fowke (chairman), the Rev. H. J. Hoskyns (deputy chairman), Lord Denbigh, the Hon. and Rev. A. Byron, Rev. G. E. Bruxner, Major Freer, Captain Pearson, &c. On the chairman stating that they were met to consider whether they should or should not appoint a licensing committee, the Rev. H. J. Hoskyns moved, and the Rev. R. Titley seconded, a motion that a licensing committee be formed, which was agreed to. The next question was whether the committee should be for the whole of the county or whether one should be appointed for each petty sessional division of the county; the latter was moved by Mr. E. A. Paget, and seconded by Mr. C. H. Frewen. The Rev. R. Titley, however, moved, and Lord Denbigh seconded, an amendment, that a committee be appointed for the whole of the county, as being more in accordance with the spirit of the Act, which was carried, ten voting for and six against it. Mr. W. Brooks then moved, and Mr. Piercey seconded, a resolution that the committee consist of one magistrate from each of the nine petty sessional divisions, the chairman (Sir F. T. Fowke) and the deputychairmen (the Rev. H. J. Hoskyns and Sir Henry Halford, now high sheriff) being ex officio members of the same. A discussion then ensued with the view of eliciting the opinion of the court as to the hours of closing. Mr. Hoskyns (Leicester division) stating that he was in favour of

The police of Dorchester have summonsed several publicans for breaches of the Licensing Act. The magistrates of Wimborne division have decided that public houses be closed on Sundays until one o'clock in the afternoon, between three and six in the afternoon, and after ten at night; the business on other days to be restricted to the hours between six a.m. until eleven p.m.

In Cornwall, so far as the annual licensing meetings have yet been held, the magistrates have fixed upon the hours mentioned in the Act as those for opening and closing public houses, but there is a want of uniformity in the interpretation of the proviso to sect. 24, with respect to houses situated in a place containing less than 2500 inhabitants, that they "shall not on any day be open after the hour of ten at night." This proviso has generally been taken in its literal sense; but on Saturday the magistrates of the West Powder division, the Rev. T. Phillpotts in the chair, decided that all premises for the sale of intoxicating liquors within the division shall be kept open till ten o'clock on Sunday, and eleven o'clock on every other night. Moreover, the closing is to be regulated by local time, which is twenty minutes later than Greenwich.

QUALIFICATION AS TO VALUE.

The following letter was addressed to the Editor of the Times: Sir,-The letters signed "W. M." and "Country Justice," written with the view of disposing of the difficulty raised by your correspondent "Lex," have both, I venture to affirm, failed in their object. I have given the Act more than a little consideration, and, notwithstanding the reasoning which has been adduced by either correspondent, I incline to the opinion I had formed of the Act before I had read "Lex's" letter-that all licensed houses in a town with a population of 10,000 and upwards which are not of the value of £30 per annum at the annual licensing meeting of 1873 must cease to be licensed. For the purpose of determining the point which has been raised, we have only to read carefully the 45th and 46th sections of the Act. At the time it passed it should be borne in mind that no qualification as to value was required for any licenses, save those granted under the Wine and Beerhouse Acts 1869 and 1870. The old public house licences under the 9 Geo. 4 were granted irrespective of the value of the premises. The Wine and Beerhouse Acts prescribed the value as ascertained from the rent or the rating. With this provision it is the object of sect. 45 to deal. The early part of the section provides for houses not at the time of the passing of the Act licensed under these Acts, and enacts that they should not be subject to the provisions then in force as to value. It then lays down a new qualification as to value applicable to all premises not at the passing of this Act licensed for the sale of intoxicating liquors for consumption thereupon,£50 if within the limits of the metropolis, or £30 if a town contains a population of not less than 10,000 inhabitants; if elsewhere, £15. We now pass to sect. 46, the first provision of which is to substitute in the case of existing licences under the Wine and Beerhouse Acts annual value for the rent value or rating provided by those Acts. We have thus a standard of value laid down by sect. 45 applicable to all houses not already licensed for the sale of intoxicating liquors for consumption thereupon; another standard created by sect. 46, applicable to houses already licensed under the Wine and Beerhouse Acts, and then the sweeping proviso, the subject of so much discussion:-"If at the first general annual licensing meeting after the passing of this Act the Licensing Justices are of opinion that any premises

which are licensed for the sale of intoxicating liquors at the passing of this Act are not of such annual value as authorises the grant of a licence for such premises, they may, notwithstanding, renew such licence upon the condition, to be expressed in the licence, that the holder thereof, before the next annual general licensing meeting, improves the premises so as to make them of sufficient annual value, and if the holder fail to comply with such condition the licence shall not be renewed at such next general annual licensing meeting." Now if the proviso had been intended to refer only to licences under the Wine and Beerhouse Acts it would surely have referred to those licences specially, and not have used the very words "sale of intoxicating liquors" to be found in sect. 45, where they are intended clearly to embrace houses of all descriptions. The words used are of the most comprehensive character, and if they formed a separate section there could not be a shadow of a doubt as to their meaning, and I am indisposed to believe that the courts will rule that by numbering the sections the meaning of words can be controlled so as virtually to destroy their ordinary effect.-A CLERK TO COUNTY JUSTICES. DUTIES OF MAGISTRATES.

Mr. Douglas Straight, M.P., has addressed to the Times the following sensible letter on the duties of magistrates in relation to the new law: -" Sir-I fancy there are many other members of the House besides myself who view with astonishment and dismay the course that so many Benches of licensing justices have already taken in reference to the 24th clause of the new Act. Speaking for myself I can say it was accepted in its present terms as a fair and practical compromise between the extreme views as to hours, of the everybodyto-drink-everything party on the one hand and the nobody-to-drink-anything on the other, two sechave been the real cause of the difficulty in dealing tions of the public whose bigotry and intolerance with the licensing question in a comprehensive and judicial spirit. În adopting the 24th clause in its present elastic state as a preferable alternative to the Draconian proposals contained in it when brought from the Lords, I, in common with many others, did so because we felt that the application of a hard-and-fast line of reduction of hours for victualling houses to remain open in the country generally would cause in a great many places enormous inconvenience and interference with the

peculiar and local requirements of the inhabitants. As was forcibly pointed out at the time by Mr. Mundella in reference to the borough he represents, many of its manufacturers keep their hands employed to such an hour at night that it would have been depriving them altogether of the means to obtain that reasonable refreshment of which they necessarily stood so much in need to apply the eleeen o'clock closing rule, which might be very salutary and desirable in other towns. To sum up the matter in a very few words, Mr. Bruce's final proposal to give the licencing justices full discretion to regulate the hours for opening and closing, under certain limitations within their jurisdiction, was agreed to, because it was believed and expected they would avail themselves of their powers, and exercise them according to the wants of the various localities over which they had control. But what is the result? I can only form an opinion from the reports, which have appeared in your columns, and by those it would seem as if the almost unanimous position taken up by the magistrates is to assume that they must adopt

what they are pleased to term-'the hours of the Act,' and altogether ignore the existence of any discretion, any power in themselves. It is the 'happy despatch' method of getting out of the performance of a difficult and tiresome duty; but I venture to assert it is not in accordance with the spirit or intentions of the bulk of those who agreed to this 24th clause becoming law. On the contrary, it was contemplated that the consideration and settlement of this question of hours by licensing justices would receive serious and deliberate attention; that in each locality and district notice would be given of a day to hear what all parties fairly represented had to say upon the subject, and then, having secured reliable public information, to come to a determination. I believe had this been done in several instances, to which I will make no more direct reference, much irration, bad feeling, and disturbance might have been spared.-DOUGLAS STRAIGHT, 13, Albert-mansions."

GROCERS' WINE LICENCES. The following letter has been addressed to the Editor of the Times :-" Sir,-We observe with pleasure that Messrs. H. R. Williams and Co. have drawn attention to the inconvenience and trouble caused to grocers throughout the country in consequence of the magistrates in many cases being unacquainted with the provisions of the new Licensing Act. We can add our testimony thereto with respect to the annoyance experienced by holders of licences for consumption off the premises, and the number of letters we are continu

ally receiving for advice on the various points well nigh baffle us. We have endeavoured to make ourselves acquainted with the subject, and have obtained the assistance of counsel well versed in these matters, and you will be rendering a great service if you would through your columns throw some light on the subject. In several towns the magistrates have refused to grant the necessary certificates for licences for consumption off the premises; some from scrupulous motives, some because the premises are not sufficiently rated, and others without any assigned causes, although the law particularly enacts that the magis. trate shall not refuse a certificate for the sale of spirits or liquors by retail for consumption off the premises. In many cases the police have threatened to take proceedings should grocers keep their shops open for the sale of teas and groceries after the prohibited hour for selling wines and spirits. The opinion we hold, and it is confirmed by counsel, is that even a public house may keep open any time for the sale of nonintoxicants, providing there is no sale or exposing for sale of any intoxicating drinks, and the exposing for sale is construed as follows, viz., the mere fact of keeping wines or spirits in a shop does not amount to an exposure for sale, if, when asked for, the liquors are not supplied. Exposing for sale means inviting persons to buy, and professing to be ready to sell then and there to such as wish to buy, and if both these things are negatived, there is no exposure for sale. If magistrates refuse certificates illegally, a mandamus may be obtained from the Court of Queen's Bench, and the costs would probably fall upon the justices. In the last debate on the new Licensing Bill in the House of Commons Mr. Bruce said, 'With regard to the main question, as the law now stood, houses might be open within the prohibited hours for the sale of purely non-intoxicating liquors.'-W. and A. GILBEY, Pantheon, Oxford-street, W."

Messrs. H. R. Williams and Co., of 3, Limestreet, E., write to the Times: "The greatest diversity exists in the granting of licences to grocer wine merchants for the sale by retail of spirits and liquors. At one place the magistrate's clerk referred the applicant to an attorney to draw up a notice for him; in another town the applicant is required to give twenty-one days' notice to the overseers and the police, and to advertise in a local paper; in another place fourteen days' notice is required, and in some others a notice is nailed to the shop door of the grocer by a policeman on the Sunday morning, who politely informs the occupant that the law requires that the notice should remain from ten to four o'clock, in some cases for one Sunday and in others for two Sundays. We are quite sure that neither the magistrates nor the police would cause unnecessary trouble; but a great deal of trouble would be saved if the 68th and 69th sections of the new Act (which are the sections especially referring to grocer wine and spirit merchants) were better known. The 68th section regu lates the retail spirit licence from the Commissioners of Inland Revenue to wholesale dealers who are not engaged in any other business. Sect. 69 provides for the granting to wholesale dealers who are engaged in other businesses, licence to sell by retail spirits and liquors not to be consumed on the premises, and requires that application be made at the General Annual Licensing meeting, and that such licence shall not be refused, and that such notices only shall be required to be given, not exceeding seven days' notice, as may be prescribed by the Licensing Justices.' We have heard of many cases where the police have required the grocer to close his shop, because he happens to sell wines and spirits, concurrently with the closing of the public houses. The Act does not require this; but it does require that both the publican and the grocer wine merchant shall cease selling wines, spirits, and beer at the same time. The 24th section recites that any person who sells, or exposes for sale, or opens, or keeps open any premises for the sale of intoxicating liquor' during prohibited hours, is liable to the penalties set forth in the Act. We are strongly of opinion that the closing of public

houses will regulate the closing of all other businesses, and that the necessity for keeping shops open till midnight on Saturday will soon cease to exist. We are pleased to learn that this has already been done in some two or three places in the North with much satisfaction both to the employers and the employed."

In many places the police, and in some cases the magistrates, have given notice to grocers holding licences for the sale of beer, wine, and spirits that they must close their place of busi. ness at the same hours as the publicans, and there is considerable uncertainty and anxiety existing on the subject. At the Tunbridge Petty Sessions, before Mr. T. Hankey, Sir D. Salomons, M.P. for Greenwich, and other magistrates, an application was made on the subject by Mr. Stanger, a grocer, who wished to be informed whether he could keep his shop open to sell tea and sugar after eleven o'clock at night, when the public houses

closed. The Bench informed him that in their judgment, backed by that of Mr. Patterson, barrister-at-law, the provisions of the Act as to closing only applied to the sale of intoxicating liquors, and that provided they sold no wine, beer, or spirits before or after the specified hours the grocers were at liberty to keep open as long as they pleased.

VALUE QUALIFICATION.

The secretary to the Metropolitan Beer and Wine Trade Society writes to the Times:-"Sir, As considerable doubt exists among the trade and also the licensing justices, as to the proper interpretation of clauses 45 and 46 of the new Licensing Act, you will confer a favour by publishing the enclosed correspondence between our society and the Home Secretary. Mr. Bruce still omits to reply to a most important point, as to whether existing beer, wine, and refreshment houses, in order to qualify them for a licence, must be of the annual value' required by the Wine and Beerhouse Act 1869, or of the value required for new licences under sect. 45; yet I hold, after the explanation given by the Home Secretary, no bench of magistrates will insist on any other qualification for a beerhouse than that required by the Wine and Beerhouse Act 1869.-I am, Sir, yours, &c., G. M. COPEMAN, Secretary. 17, Devonshire-square, Bishopsgate, Sept. 3." 'Metropolitan Beer and Wine Trade Society, 17, Devonshire-square, Bishopsgate, "Aug 29, 1872. "Intoxicating Liquors (Licensing) Act 1872. "Right Hon. Sir,-Seeing that the justices acting for the towns of Chester and Norwich are requiring, under clauses 45 and 46 of the above Act, that all premises which are at the time of the passing of the Act licensed for the sale of intoxicating liquors shall not be qualified to receive a licence unless they are of the annual value ramed in sub-sect A. of clause 25, I should feel greatly obliged if you would inform me whether it was your intention that the two above-named clauses should operate in that way. I understood during the passing of the Bill that clause 45 applied only to new licences to be hereafter granted, and that clause 46 had reference only to the revaluing of beerhouses, but substituting annual value' for rent value,' and still retaining for existing beer and wine licences the same qualifications as required by the Wine and Beerhouse Act 1869. The last paragraph of this clause, however, says: "If at the first general annual licensing meeting after the passing of this Act the licensing justices are of opinion that any premises which are licensed for the sale of intoxicating liquors at the passing of this Act are not of such annual value as authorises the grant of a licence of such premises, they may, notwithstanding, renew such licence upon the condition to be expressed in the licence that the holder thereof, before the next general annual licensing meeting, improves the premises so as to make them of sufficient annual value; and if the holder fail to comply with such condition, the licence shall not be renewed at such next general annual licensing meeting.'

"This throws somewhat of a confusion over the previous portion of the clause, in consequence of the various interpretations likely to be given to the words above italicized. I believe, right hon. Sir, that this paragraph was added by you at the last moment; therefore, if you would kindly state how you desire that it should be operative, a repetition by other justices of what I conceive to be a wrong interpretation of the two clauses 45 and 46 would for the future be avoided.

"I am, Right Hon. Sir, your obedient servant, G. M. COPEMAN, Secretary. "The Right Hon. H. A. Bruce, M.P., Secretary of State for the Home Department."

"Whitehall, Aug. 31, 1872. "Sir,-I am directed by Mr. Secretary Bruce to acknowledge the receipt of your letter of the 25th inst., requesting advice as to the correct reading of sects. 45 and 46 of the Licensing Act 1872, and I am to inform you, in reply, that the Secretary of State does not construe Acts of Parliament, and has no authority to do so, but that when asked his opinion by magistrates he is willing to assist them by stating his view of a case submitted to him; and that, having given his opinion to several Benches of magistrates that sect. 46 of the Licensing Act, when read with the first paragraph in sect. 45, does not include alehouses or licensed victuallers' houses, but applies only to beer-houses and refreshment-houses, Mr. Bruce has no objection to let this fact be communicated to you. I am, Sir, your obedient servant,

"A. F. O. LIDDELL. Wine Trade Society; offices, 17, Devonshire"Mr. G. M. Copeman, Metropolitan Beer and square, Bishopsgate, London, N.E."

LORD KIMBERLEY ON THE LICENSING ACT.

The Earl of Kimberley and Mr. C. S. Read attended the Wymondham licensing meeting on Tuesday. After renewing the public house licences. the Bench considered the application for renewal

of beerhouse licences. Lord Kimberley, after examining an applicant on oath as to what would be the value of his house if it were not a licensed house, remarked that some people had thought that the new valuation was applicable to all new applications. He did not think they needed to take any steps with regard to the public houses, but as to the beer houses the magistrates were bound under the Act to have them come up to the other than a licensed house; and if the Bench qualification of £8, supposing that a house was found that any of the beerhouses did not, in their opinion, come up to the value which the Act required, namely, £8, they would take such steps as they might think proper to satisfy themselves upon the point. Time would be given till the licensing meeting to bring up the value to the required amount; if that were not done, the licence would not be renewed. The beer houses would be under the same obligation as to the hours of closing as before. In the course of con versation Lord Kimberly said that when the original Bill left the Lords the clause as to vaine was only intended to apply to beer houses, but when the Bill got into the Commons something was introduced about public houses, but the clause was never intended to apply to all licensed houses.

CASUS OMISSUS.-At the West Powder Petty Sessions, Truro, on Saturday, a single woman named Ann Dabb Tonkin, sought to obtain an order against a farmer, whom she alleged to be the father of her illegitimate child, for the pay. ment of a weekly sum towards its maintenance, Mr. Holloway, who appeared for the defendant, pointed out that the child was born before the passing of the Act (the 10th Aug.), and as the old Act, under which the magistrates had jurisdictin, had been repealed by the new one, they had no power to adjudicate in the present case. The magistrates admitted that by an oversight in the drawing up of the Act the case was taken out of their jurisdiction. They considered it a great hardship upon the plaintiff.

COMPANY LAW.

NOTES OF NEW DECISIONS. NEGLIGENCE-RAILWAY COMPANY-INVITA TION TO PASSENGER TO ALIGHT EVIDENCE FOR THE JURY.-Plaintiff, who had for many years been a frequent traveller on the defendants lire of railway, ou arriving, on a winter evening, at the station at which he was to alight, heard the name of the station called out two or three times, by one of the railway porters. The part of the train, in which plaintiff was, was drawn up at a place about 35ft. from the end of the platform. There were no lights there, and the plaintiff in stepping out fell upon his head and was injured. In an action against the railway company, for negligence, the jury having found a verdict for the plaintiff, Held (reversing the judgment of the Court of Queen's Bench), that there was evidence of negligence on the part of the defendants to go to the jury. Bridges v. The North London Rails g Company (24 L. T. Rep. N. S. 835; L. Rep. 6Q. B. 377), commented on and distinguished: (Gr. The Great Eastern Railway Company, 26 L. T. Rep. N. S. 945, Ex. Ch.)

LOCAL ACT-ERECTION OF SLAUGHTERHOUSE -CONSENT OF CORPORATION-LICENCE OF LOCAL BOARD.-The corporation of B. was also the local board of health under 11 & 12 Vict. c. 63. By the Local Government Act, which is to be read with that Act, the clauses of 10 & 11 Vict. c. 34 (Towns Improvement Act) with respect to slaughter houses are incorporated. The effect of the clauses as incorporated is to provide that no slaughterhouse shall be erected or used without the licence

of the Board of Health. By the B. Market Act, passed subsequently to the Local Government Act for the better management of the property of the corporation of B., a company was incor. porated, in which certain property of the corpors tion was vested, and the Act provided that the company, with the consent of the corporation in writing, under the hand of the town clerk, might erect and maintain slaughterhouses in the borough. The company erected a slaughterhouse, having previously obtained the consent of the corporation in a memorandum of a resolution under the hand of the clerk; but the corporation, acting as local board, afterwards refused to licence the slaughterhouse. The plaintiff, to whom the company had agreed to demise the tolls receivable under the Act for slaughtering cattle in the said slaughter house, brought an action against the company for not making a good title to the tolls. The Court of Exchequer decided that the consent given by the corporation alio intuitu did not operate as a consent by them as local board of health, and that therefore the defendants were liable. On appeal, Held, reversing the judgment below, that the coasent given under sect. 65 of the Brecon Markets Act included the licence of the local board required