Imágenes de página

use, 160

Power, execution of, 82

Slander--Surveyor's inquiries as to character of Vendor and purchaser – Delay in delivering PRACTICE:

house, 84

abstract-Interest on purchase money, 8 Addition of plaintiff, 30

Slaughter-house-Licence to erect-Licence to Voluntary settlement-Consideration, 157 Affidavits filed subsequently to cross-examina.

Voluntary settlement-Power of revocation, 157 tion, 26

Smoke nuisance, 27
Contract of sale-Direction of judge 256 Smoke nuisance caused by servant-Liability of Warranty, breach of, 197
Costs-Taxation-Solicitor-Perusing affida. master, 10

Water company-Power to charge water rates davits-Two counsel-Retainer, 80

Solicitor and client, communications between- according to the amount of rent, 176 Payment into court-Proceedings before two Privilege, 196

Water-Escape of in houses-Liability of occucompetent tribunals, 101 Solicitor's lien, 157, 273

piers, 119
Petition-Separate orders, 216
Solicitors uncertificated, 273

Water-Statutory duty to supply, 44
Retransfer of cau se, 80
Specific performance, 216

WILLProfessional advice-Execution of deed with Specific performance-Death of lessor intestate Bequest to be secured for the benefit of out, 101 before granting lease-Infant heir, 176

children and their mother, 175 Specific performance-Mistake, 26

Charitable gift, 9
Quo warranto-Local board of health, 81

Specific performance-Mistake-Lessor and lessee Daughter appointed executrix of property not
-Agent, 8

disposed of, 31 Railway company-Action for negligence, 87 Stamp on weight-Mark worn out-Use, 104

Demurrer-Want of equity, 84 Railway company, bond by-Payment out of Stay of proceedings until payment of costs in Description of testator allowed, 137 court, 118 previous action, 30

Direction to get in all sums of money which Railway company-Tolls, 198

Steam ship-Auxiliary steam-Delaying carriage should be due-What it includes, 250) Railway company–Uncertified alterations in line of goods, 8+

Gift of residue to wife and children, 215 - Injunction, 256, 274 Succession duty, 255

Gift of residue npon trust to executors, 196 Rateability of moorings for a derrick, 120

Succession duty-Foreign property-Administra. Gift to wife for life with power to divide Rate, appeal against, 102 tion, 159

equally amongst his children, 100 Rating of lands taken under compulsory powers,160 Suit in equity-Bankruptcy of plaintiff, 119

Gift to A. and his heirs for their respective Rating value-Profits of actual tenant, 10 Surety, liability of, 197

lives in tail male, 83 Repeal of General Act by Special Acts, 44

Surety, liability of--Discharge by creditor's laches, Gifts to charities, 183
Repudiation of contract by purchaser, 255

Gift to issue as A. shall appoint, 83
Revivor--Creditor's suit, 157.
Sureties, liability of, 236

Joint tenancy, 119
Revivor-Death of sole plaintiff after decree-Ap- Surveyor's charges- Erection of arches, 104

Legacy duty payable out of impure personpointment of representative, 156

alty, 101 Rifle association-Time limited for shooting, 84 Testamentary papers-Will- Codicil referred to Legatee-Right of to the whole of the divi. Rifle butts- Temporary use of ground, 103 as deeds, 12

dends, 176 Right of common-Trespass, 197 Timber, cutting down, 234

Letter containing directions to burn, 137 Right of way-Action for trespass to, 176

Tortfeasors--Recovery against one withont satis. Limitations of estates tail, 136 Right of way-- Partition suit-Motion to restrain faction no bar to an action against the other, 137 Lithographed forin-Blanks not filled up, 158 use of road, 156 Trade fixtures, 86

Married women legatees who died before time Trade-mark, infringement of, 117

for payment-Double administration, 30 Sample-Sale by "guaranteed analysis,” 159 Trade-mark-Injury to trade reputation, 158

Nephews and nieces-Whether great nephews Scandal in pleadings, 80 Trade-union-Disruption of members, 119

and great nieces included, 158 Scotch company--Policy issued by-Jurisdiction Transfer of proceedings-Power of registrar, 45 No specific bequest, 198 of English courts, 8

Trover-Defendant's application to set verdict Power to appoint separate trustees of shares Sealing up document, 195. aside, 28

of one of two cestuis que trust, 101 Secret trust, 7 Trusteo-Breach of trust, 175

Profits of business-Interest of tenant for Seduction, 121 Trustees, purchase in the name of, 196

life, 216 Set off — Insurance-Defendant not entitled to the Trust for sale in third person as security for loan, “Surviving”-Not to be construed "other," set-off, 103 82

175 Servants' authority to pledge master's credit, 11 Trust, illegality of, 82

Term of twenty-one years in trustees-AbsoSettled Estates Act--Petition under the, 196 Towing-path, liability to repair, 198

lute or contingent, 83 Settled estate-Proviso as to residence of husband

Trust or absolute interest, 158 and wife on, 254

Unsound mind-Release by person of-Execution Uncertainty, 84 Settlement, oonstruction of, 26 of, 82

Vested interest—" Then living," 174 Settlement-Mortgage of life interest, 117 Unsound mind-Right to file bill, 196

Witness-Examination of, Ship---Freight-Mortgage-Priority, 81


memory-Inspection, Shipping-liegistered tonnage, mistake in mea. Vendor and purchaser-Buyer's risk, 28

118 surement, 9

Vendor and purchaser-Contract to deliver goods Woman past child bearing-Fund in court, Shipowner-Limitation of liability, 217 at a future time, 136


[ocr errors]

[The Law Times, Nov, 16, 1872]

[ocr errors][merged small]


| Bere, Mr., Q.C., as a new judge, 203


Act of bankruptcy, filing petition, 365

| Birmingham, new County Court judge, 391 Admiralty jurisdiction-Salvage, 61

Adjudication, 393

Carrier-Misdelivery to fictitious order, 263 Albert arbitration, the, 191

Amendment of petition, 244

Carriers, railway company as, 204

Appellate jurisdiction, the Lords on, 311, 316

Arrest, Immunity from, of liquidating debtor, 378 Causeway-Breaking up by contractor, 201

Appointment as between vendor and purchaser,

Assignment of property - Separate and joint Charter-party-Non-delivery, 50


estate, 264

Commitment, regularity of, 223

A scheme for the registration of voters, 133

Assignment, validity of, 413

Conditions on railway tickets, effect of, 280 Assignee and County Courts, 330

Attachment by judgment creditor, 224

County Court business-Mr. Daniel, Q.C., on the Attorney General in Congress, the, 370

Composition deed, evidence, 402

conduct of, 280

Ballot Bill in the Lords, the, 132

Composition, dissentient creditor, 215
County Court judge, action against, 281

Ballot in practice, the, 212
Costs, liability of trustee to, 215

County Court judges and Treasury allowances, Bill to amend the law relating to juries, the, 98
Costs of creditor's solicitor, 245


Brainwork on the Bench, 410

Debts provable, 165

Dinsdale, Judge, death of, 223

Certificates for costs, 399

Disclaimer of interest in lease, 282

Disputed ownership, 339

Charter-party-Cesser of liability clauses, 291

Fraudulent preference, 404

District in which to sue, 166

Codification-Indian Evidence Act 1872, the, 311

Friendly society, bankrupt member, 324

Division or abatement of claim, 163

Constitution and procedure of the County Courts,

Locus stundi of party moving--Interest to give, Dog-Biting pony-Scienter, 70

the, 412, 436


Equity-Rehearing, 243

Contract by bill of exchange, 192

Partners—Separate property, 223

Hire-purchase-Right to the property, 32 + Contract of suretyship, the, 431

Property of bankrupt-Order of payment to Husband and wife, 391

Contracts capable of partial performance, 23

trustee, 204

Imprisonment for debt, Mr. Daniel, Q.C., on, 68 Contracts by correspondence, 251

Interpleader, 428
Jurisdiction of master to remit causes, 89

Contributory negligence, a case to be overruled,
Isle of Man-Bankruptcy law in, 353

Landlord and tenant-Covenant to repair, 141 76

Receivers, duties of, 112

Lease, costs of preparing, 182

Contributory negligence in international affairs,

Registrar, duties on presentation of resolutions, Light and air, grant of right to, 49



Marine insurance-Mortgaged vessels, 182 Corrupt Practices (Municipal Elections) Act

Registration of resolutions, 282

Master and servant-Negligence, 202

1872, the, 347

Reputed ownership, factor, 339

Medical accounts-Right to recover, 89

County Courts Admiralty jurisdiction, 292

Restoration of property, 17

Partnership debts-Set-off, 141

County Court Judges and the Treasury, 213

Secured creditors, rights of, 221

Perishable goods-Delivery to wrong person, 392 County Court warrants of execution, 43

Solicitor's bill of costs, rights of proof, 51

Plea, power to add, 49

Damages in tort-Reasonable anticipation, 250

Uncertificated bankrupt, rights of, 108

Principal and agent, 416

Disclaimer of lease by the trustre in bankruptcy

Unclaimed debt-Estimate of, before first meeting Proceduro and jurisdiction, 69, 427

-Landlord how far effected, 134

of creditors, 126

Proceedings in County Courts--Statistics, 301

Dispersion of the Bar, the, 358

Reference of action of tort, 125

Effect of bankruptcy upon covenants of debtors,


Salvage jurisdiction, 223

the, 192

Seaman's wages-Forfeiture, 70
A case of distress, 285

European Assurance Society arbitration, the, 135
Sheriff's fees, liability for, in execution, 16
Accountant-General's office in Chancery, the, 366

Extradition treaties, 4
Shooting dog chasing sheep, 89
Admission of solicitors to the Bar, 17

Fawcett's (Mr.) motion on the law officers, 152
Specific performance- Alleged drunkenness, 183 Geneva award, the, 370, 382
Advertising, 36
Attorneys in the sick room,

Stone throwing, liability for, 281
71, 90

Gifts mortis causa and inter vivos, 4
Tithe Commutation Act, 71

Issues for the Genova Arbitrators, the, 323

Bankruptcy Act 1869, The, 394

Trespass-Costs, 221

Barristers and attorneys, 226

Judicature Commission, the second report of

Warrants of execution, power to issue, 34

the, 312

Biography, 53

Witness--Contempt of Court-Warrant, 392

Canada, 379, 394

Jurisdiction of justices, the, 423

Conditions of Sale, 167

Keogh's (Mr. Justice) judgment and the seating

County Courts and Superior Courts, 394, 406


of Captain Trench, 153

County Court commitment, 90, 126

Ballot Act, The, 349

Last phase of the Chancery Funds Bill, the, 97

Examinations at the Incorporated Law Society, Peer-Claim to franchise, 425

Latest decision respecting fixtures, the, 172

Law at the Social Science Congress, 360

126, 143
Farming lcases, 52

Law for the protection of women, the, 58

Game Laws in America, 127

Laws for the preservation of birds and game in

the United States of America, 98
How the County Court Amendment Act 1867 Geneva Arbitration–The award, 376
(30 & 31 Vist. c. 142), may be and is defeated, 393

Law Students' Societies' Congress, the, 77
Imprisonment for debt, 71

Leasehold property in bankruptcy, 78

Judicature commission, the, 310, 379

Legislation of the session, the, 290, 359
Barry's Forms and Precedents in Conveyancing, Liability of cab owners to cab drivers, 42
Law agency, 406

Law books, 428

Liability of mine owners and the Mines Pregula.
Bedford's Intermediate Examination Guide, 413

Law clerk's salaries, 354, 366

tion Bill, 59

Browning's Exposition of the Laws of Marriage Licensing Act (1872), The, 330, 422
Law examinations, the 90, 109
Law Student's Congress, The, 109

and Divorce, as administered in the Court for Lien of innkeepers, The, 231

Divorce and Matrimonial Causes, 155
Legal education and law libraries, 186, 206

Liquor Licensing Bill, The, 24.
Cox's Law and Practice of Registrations and Lord Cairns's decisions in the Albert arbitration,

Legal profession in Canada, 367

Elections, 401


Licensing Act, the,

354, 379

Liquidation under Bankruptcy Act 1869,285

Currie's Indian Criminal Codes, 401

Lunacy and crime, 331

Davis's Jurisdiction and Practice in the County

London Bankruptcy Court, the, 305

Courts in Equity, in Admiralty, Probate, and Marine insurance, 400

Lord Mayor's Court, the, 52, 90, 143, 417

Administration Cases, and in Bankruptcy, 337

Mayor's Court, the, and the County Courts, 126

Mayor's Court, London, The, 24

Foot's Prevention of Crimes Act 1871, 135

Mortgage by deposit of title deeds, 379

Mode of valuing life assurance policies (Holdich's

Ford's Licensing Act, 401

Mortgages to trustees, 429

case), 5

Gilmour's Commercial Guide in Bankrupty and Mortgages by deposit of title deeds, 360

New Bastardy Act, the, 354

Liquidation under the Bankruptcy Act 1869, 79

Partnership in Canada, 310

Hallilay's Digest of Examination Questions and New Bastardy Bill, The, 171

Practice, 367

Professional costume, 246

answers, 194

Note or memorandum under the Statute of Frauds,

Heale's History and Law of Church Seats or 423

Railway liability, 417

Pews, 79

Recent legislation, 366

Notice to quit-Alternatives, 371
Holdsworth's Ballot Act, 401
Recordership of Bristol, 354

Holdsworth's Licensing Act, 401
Reply and an apology, a, 71

On the gift of the reside of a fund after provid.
Hunt's Law relating to Fraudulent Conveyances
Settlements, 340

ing for an object illegal or uvattainable, 211
under the Statute of Elizabeth and the Bank-Operation of war upon contracts of offreightment

Solicitors' charges in County Courts, 406


ruptcy Acts, with remarks on the Law relating
Solicitors in India and China, &c., 18

to Bills of Sale, 79
Statutory declarations and affidavits, 18

Passing of property under contracts of sale, the,

Joyce's Law of Injunctions, 115

Tomkins v. Hewitt, Wandsworth County Court, Langdell’s Selection of Cases on Sales of Personal Patent Law Cases, a Digest of. 78, 115, 134, 173,


Two offences charged in one count, 206

Property, with References and Citations, 386 193, 233, 232, 293, 372, 400, 432
Lely and Foulkes's Licensing Act, 401, 413

Power of revocation in voluntary settlements, 96
Mayne's Treatise on the Law of Damages, 437 Power to sell real estate as implied from a charge


Oke's Licensing Act, 401, 413

of debts, 154


Oke's Magisterial Synopsis, 79

Present position of law reform, The, 271

Advance notes and the duties of sailors, 68 Snell's Principles of Equity, 155

Principles of International Law, laid down by

Auctioneers, rights of, 391

| Warden's Burgh Laws, 79

Lord Chief Justice Cockburn, The, 383

Privileged criticism, 310

Bankruptcy (Ireland) Amendment Bill, The, 237


Privileges of liquidating debtors, The, 372

Bastardy Laws Amendment Bill, 138
Professional rules of the Bar, 210
Capital punishments, 237

Baker carrying on trade on Sundays, 389
Projects of the Associated Chambers of Commerce, Chairmen of Irish counties, 237

Bastardy Laws Amendment Act, 1872, The, 440


Clerks of the peace, 106

Bastardy order, disobedience, 440

Prosecutions under the Corrupt Practices Acts, Corrupt Practices Bill, 106, 257

Criminal prosecutions, 321


County Court judges, 178

Dog licences, 441

Proximate and remote cause, 232

Court of Chancery (Funds) Bill, The, 45, 106, 177 Highway, encroachment upon, 140

Repairs by tenants for life, 61

Criminal Law Amendment Bill, 198

Hospitals, rating of, 241

Reservations of mines and minerals, 230
Criminal Trials (Ireland) Bill, 123

International Prison Congress, The, 220
Restraint of libellous publications, The, 112, Cruelty to animals, 122

Irremoveability, 240
Retirement of the Lord Chancellor, The, 399 Debtor's (Ireland) Bill, The, 237

Justices' Decisions Act, 1872, 299
Revising barristers' appointments, 291, 332
Deceased Wife's Sister Bill, 178

Licensing Act, The, 299

Roman Catholics and the woolsack, 41

Defamation of Private Character Bill, 106

Licensing Act, The operation of the, 335, 350, 378,

Satisfaction of debts by legacies, The, 114

Ecclesiastical Courts and Registries Bill, 261

403, 441

Seating of Captain Trench, The, 170

European Assurance Society Bill, 123, 177

Murder by poison, 336

"Slips” in Marine Insurance, 42

Fees at the Mansion House and Guildhall, 275

Pawnbrokers' Act, The, 1872, 322

Social Science Association-Repression of Crime Galway Election Inquiry, The, 106, 123, 258

Poaching, proof, 180

Section, 384

Game Laws, 138

Poor Law removal, break of residence, 66

Stockjobbers and their liabilities, 270

Grand Juries (Middlesex) Bill, 237

Poor Law, removal of pauper, 47

Theft under marine policies, 270

Imprisonment for Debt Abolition Bill, 138

Professional malpractices in magistrates' courts,


Travelling expenses of County Court judges, The, Imprisonment for small debts, 237
Irish Land Act, The, 106

Public house, misconduct of tenant, 279
Treasury economy in the County Courts, 42 Judicature Commission, The, 275, 296, 315

Quarter sessions, reorganization of, 415
What amounts to a conversion, 411
Judicial organization, 258

Relieving officer, urgent necessity, 403

Juries Bill, The, 45

Riotous assemblies, claim to property, 88


Jurors in Ireland, 275

Voting papers, tampering with 389

Adams, E. R., 266

Keogh, Mr. Justice, 178

Jones, H., 419

Annesley, G., 18

Kelsall, T. F., 395

Landlord and Tenant (Ireland) Act 1870, Amend.


ment (No. 2) Bill, 177

Baggallay, R., 266 Lade, T. N., 379

Barristers' fees and barristers' duties, 199

Law officers and law reform, 178

Bevan, C. D., 207

Lambert, Sir H. E. F., Law Officers' (England) Fees Bills, 274

Contract by ticket, breaking journey, 364

Bolton, R. R., 147

Co-tortfeasors-Malicious prosecution, 36
Law officers of the Crown, 31, 161
Buckland, C. E., 419 Levinge-Swift, R., 430
Law officers' salaries, 258

Egyptian Law Reforms, 367
Burnard, C. C., 395 Lewis, D., 445

English Bar, the, 395
Law reform, 164
Bruce-Pryce, J., 445 Lloyd, B. C., 72

Grand jurors, attendance of, 123
Leases of Crown minerals, 237
Capron, L., 380
Marshall, W., 72

Hill, Matthew Davenport, 303
Cleary, J., 307
McCulloch, S., 147
Mansion House and Guildhall officials, 291

Impeachment of an American judge, 356

Married Women's Property Act, 1870, 217

Dinsdale, F., 226 Melville, J. M., 419


Master and Servant (Wages) Bill, 123
Dobinson, J. G., 367 Montgomery, L. S., 430

Certificate of attorney, renewal of, 241, 242

Masters' and Workmen (Arbitration) Bill, 237

Dobson, W. F., 226 Owen, W., 307

Continuance of proceedings, 241

Draper, E., 343

Philbrick, E., 147

Middlesex Registration of Deeds Bill, 106

Interrogatories, 241

Dugmore, W., 207 Phillips, Dr. G., 395

Municipal Corporations (Borough Funds) Bill, 275 Judge and jury, functions of, 219

New courts of justice, 275

Dymock, R. L., 53 Porter, J. S., 430

Pleading, 242

Norris (Mr.) The case of, 122

Fitzgerald, C., 147 Richards, Rt. Hon. J., Parliamentary and Municipal Elections Bill, 161 Law reform, 342

Law at Oxford, 326

Geddes, Thomas, 207 343

Pawnbrokers' Bill, 274, 275

Greene, H., 207

Roberts, W. H., 227

Legal epidemics, 341

Poor Law (Scotland) Bill, The, 237
Greene, T. 327
Rogers, J. 93

Legal journalism, 444
Prisons (Ireland) Bill, 106
Goodman, T., 147 Seward, W. H., 431
Prosecution expenses, 178

Libel and malicious prosecution, action for, 438
Grant, J., 147
Smallpeice, W. H., 18
Private Bill legislation, 261

Lord Hatherley, retirement of, 285

Gray, W., 207

Stone, w., 430

Marriage Law in California, 342

Public Health Act 1872, The, 333

Hall, s., 227

Taverner, L., 380

Solicitor's clerk, serious charge against, 262

Public Prosecutors Bill, The, 138, 276

Hanmer, W., 367 Tayler, R. W., 53

Touting attorneys, 87

Real Estates (Titles) Bill, 164

Haymes, A., 226 Thompson, J. G., 445

Visible means to pay costs, 15

Hill, M. D., 128

Todd, J. H., 93

Registration of Borough Voters Bill, 106

Willes, Mr. Justice, death of, 416

Review of Justices' Decisions Bill, 138

Hoole, F. W., 147 Twogood, H., 395

Hovelí, A. D. De Berdt, Upton, R. B., 445

Revising Barristers' Bill, 275

Select committeee of the Honse of Lords on PROMOTIONS AND APPOINTMENTS.


Welford, R. G., 367

Hughes, H. G., 307 Welford, R., 266

appellate jurisdiction, Report of the, 294 Aston, F. T., 396 Mason, J. N., 355

Social Science Congress, 374

Hurrill, A., 53, 147 Wrottesley, The Hon

Brook, W. B., 93 Oliver, W. H., 286
Statute Law Revision Bill, 106

Jones, C., 419

W., 53

Cox, H. P., 327

Peele, De Courcy, 53

Statute Law Revision (No. 2) Bill, 237

Crosley, A., 227

Reece, R. M., 396
Summary Jurisdiction Bill, 237

Ford, C., 167, 286 Stevens, H., 307

LEGISLATION AND JURISPRUDENCE. Supreme Court of Appeal, 13, 14

Gane, W. L., 343

Webb, 53

Appellate jurisdiction, 31
Tichborne case, The, 122

Hewitt, A. T., 227 Wood, c. P., 148

Assurance companies, 178

Travelling expenses of County Court judges, 261 Howell, C. E., 407 Woodall, J. W., 343, 355

Ballot Bill, The, 64, 177, 178

West Somerset County Court judgeship, The, 14' Low, E., 110

[ocr errors]
[blocks in formation]
[ocr errors]
[blocks in formation]


Bruce, that the Government of the United States has greater advantages than we have in proceeding against vessels which offend or purpose to offend against the neutrality laws. They have on the spot where the preparations are being made, the district attorney, a legal officer responsible to the Government, to whom the duty of investigation is committed. The libel is in the nature of a proceeding in rem, and it is decided by a Judge conversant with international and maritime law, without the intervention of a jury.” We have now Admiralty Courts in all the principal ports, and there is no reason why a similar process should not be adopted. If we had a public prosecutor with power to institute a suit against shipbuilders in the County Court, all the delay of laying facts before the Foreign Office, resulting, as it does, in the escape of suspected vessels, would be spared, whilst the damage inflicted upon a successful defendant would be inappreciable.

nal law, could not be properly convicted of a capital offence for killing the ravisher or seducer of mother, daughter, or sister. Englishmen, howerer, seem to prefer an indictment, an action for seduction, or the remedy of the Divorce Court to the swift retribution of the poniard or revolver, so that difficulties in the adminis tration of the criminal law are not so likely to arise. English husbands of the lower class get rid of their wives by the brutal process of consecutive thrashings, and a little more severity in dealing with these ruffians is at present a want in our criminal courts.



An interesting point has been decided in the circuit court of the Southern District of New York. Before the Southern rebellion a New York insurance company issued a policy on the life of a citizen of Alabama. The war stopped all intercourse between Mobile and New York, and the assured failed to pay his premiums. After the war ceased the premiums were tendered, but the office refused to receive them, and repudiated all liability on the policy: The court held, however, that the contract was merely suspended by the war, on the general ground" that the policy of the law does not avoid, because of the intervention of a war, a pre-existing contract, which a single act—such as the payment of a debt-can perform; that, in such cases, a suspension of remedy during the war is the only effect of the war. An objection was raised that the assured, during the existence of the contract was an alien enemy, and that as it is unlawful to insure the property of an alien enemy it is, à fortiori, unlawful to insure the life of an alien enemy. But the Court said, “The principle relied upon, as appears from the cases and text-books, does not extend to avoiding policies insuring property which is exempted by the laws of war from liability to be seized by the government of the insurer's company. Nor does the rule avoid a policy of insurance on the life of a neutral, passive, non-combatant enemy. Though by his domicile he is a technical enemy, so that his property may be lawfully captured as enemy's property, yet, as such nominal hostility does not subject his life, like his property, to peril, no belligerent right is affected by continuing the validity of the insurance.

To lay down a principle of international law is an important proceeding, and to do it by anything like a side-wind is obviously objectionable. Therefore the proposition of the Americans, that in return for the surrender of the indirect claims we should accept a doctrine calculated to be beneficial to them in any future war in which Great Britain may be a belligerent and the United States a neutral, is clearly not to be entertained, even if the doctrine would hold water. The proposed doctrine is that consequential damages shall never be exacted from a neutral. To jump at once to such a conclusion without regard to the meaning of the phrase "consequential damages,” which has not yet received any judicial interpretation as applied to international disputes would be calculated to unsettle more than ever the rules of international law. The arbitrators will have taken an important step when they agree upon the limit of the damages recoverable under the treaty. Not until their finding could any rule of law be agreed upon as to consequential damages arising out of the negligence of neutrals. Moreover, the rule, as proposed, if reduced into writing as part of an international code, could not have any operation, and the aim of those who put it forward woald appear to be to throw difficulties in the way of any adjustment of future demands for direct damages inflicted by vessels escaping from the vast seaboard of America. In view of the condition of things which has not yet ceased to be a difficulty in the way of the due execution of the terms of the Treaty of Washington it is hardly probable that a claim for consequential damages would ever be preferred against a neutral, and all that the United States need be careful about is, that the limit of direct damages should be fixed with precision, and the more the finding of the arbitrators is against them now, the more favourable will the rule be to them when they become defendants in any proceedings similar to those in which they are now the claimants.

A WRITER in the American Law Review doubts the correctness of • the decision of the Court of Exchequer in Ockford v. Burelli et. al. (2.5 L. T. Rep. N. S. 504.) “In this case the plaintiff married her uncle, who was the father of the two defendants by a former wife, who was living at the time of such marriage, but this fact was u lknown to plaintiff, and on the death of the uncle she bona file claimed a share of his property as his widow. To avoid litigation the defendants undertook to pay the plaintiff one-third of the value of their father's estate, if she would for. bear to make any claim against the said estate. The Court of Exchequer held that there was a valid consideration for the defendants' promise. This decision may be doubted both on principle and authority. There was no compromise of a doubtful claim in law or fact, but simply a promise to forbear a groundless claim. This could be no detriment to the plaintiff, for she could gain nothing by a suit, nor was it any benefit to the defendant, since in legal contemplation the costs recovered in a groundless suit are a complete indemnification for the trouble to the party sued.” In an analogous case in a New York court, the defendant owed the plaintiff 6100dols., but being unable to pay, promised to borrow 3500 dols. of a friend and pay the same to the plaintiff if the latter would abandon the original claim. Defendant borrowed and paid to plaintiff 3500 dols. It was held that there was no consideration for plaintiff's promise to take a less sum than was due to him, and that he was entitled to recover the balance. The learned Judges dissented from this opinion, which the Review regards as a hardship, but correct in law.

The mistaken notion that obscene publications are privileged if the motive with which they are issued be innocent or virtuous is now thoroughly exploded. Those who desire to attack the system of confessional of the Roman church have shown great adroitness in cloaking their subject with every rag of privilege which the law confers. In the first place, a work is published for which privilege is claimed on the ground of the subject-matter being a matter of public interest and directed to the suppression of immorality. But the publisher is convicted, and thereupon the doctrine of privilege which extends to reports of proceedings in courts of justice was invoked, and the obscenity was presented to the public in the framework of a faithful report, and the prohibited production reproduced. A bench of magistrates at quarter sessions took the view, in the case of Reg. v. Hicklin, that obscenity ceased to be obscene within the meaning of 20 & 21 Vict. c. 83, s. 1, if the motive with which it is published be good. This was promptly rectified by the Court of Queen's Bench, who held the publication of the obscene pamphlet in question a misdemeanor, neither excused nor justified by the innocent motives or object of the publisher, who was to be taken as having intended the natural consequences of his act. The Court of Common Pleas have unanimously adopted this view. The important point in their decision in Steele (app.) Brannan (resp.) is that which deals with the report of judicial proceedings. Our courts, unfortunately, constantly provide indecent literature for the public, and we have had occasion to condemn the taste of the press in reporting such proceedings in detail. The learned counsel for the appellant in Steele v. Brannan declined to venture an opinion whether the persons sending him a disgusting treatise on the Contagious Diseases Act were guilty of a misdemeanor. The same doubt may apply to publications of a less special character, and we shall be glad to recognise the public spirit of a prosecutor who will test the elastic power of the Act of Parliament.

A Point of some legal interest arises out of the last Paris tragedy —the murder of the Rue des Ecoles. A jealous husband caught his wife in flagrante delicto: the lover escaped, and, to satisfy his revenge, the husband murdered his wife. M. DUBOURG, the murderer, is said to have calmed down immediately, and to be disgusted at the delay in admitting him to bail. Paris also is credited with being “surprised and somwhat scandalised” at his detention. We know how ready a French court is to attend to extenuating circumstances, and it may be well, now that wife beating is fast becoming one of the confirmed habits of some classes of Englishmen, that we should point out what effect a plea of jealousy would have in our own courts. We are not aware that any case has laid it down that a man who kills his wife (caught in adultery) is guilty of manslaughter only; but it has been held that the killing of the adulterer by the husband is manslaughter, and the sar doctrine would probably apply to the killing of a wife under such circumstances. The provocation would be equally strong in the case of a son, a father, or brother, who, in the opinion of writers on crimi.

The Supreme Court of Appeal Bill has been referred to a Select Committee, the order of reference being in these terms: “That a Select Committee be appointed to inquire into the appellate jurisdiction exercised by this House, and into the working of the system of appeals to Her Majesty in Council, and to inquire what changes or improvements should be made with reference thereto.”. Strong arguments in favour of this proceeding were put forward by Lord Cairns, and Lord WESTBURY agreed that the Bill would not bear discussion.” The argument founded on statistics was perhaps Lord Cairns's strongest point. All intermediate courts of appeal being abolished, the Supreme Court would have something over 400 causes to try annually. Any plan which loads one tribunal

« AnteriorContinuar »