BOROUGH QUARTER SESSIONS. When holden. Tuesday, October 8 Friday, October 18 Friday, October 11 Friday, October 18. ......... Thursday, October 17......... Saturday, October 12 ......... Wednesday, November 6... R. H. Hurst, Esq., M.P.... H. T. J. Macnamara, Esq. W. F. F. Boughey, Esq... The Hon. E. C. Leigh ... 10 days F. Russell, Esq. A. W. Daniel, Esq.. 14 days U. Corbett, Esq. 14 days J. Catterall, Esq.... A. J. Stephens, Esq., Q.C. 14 days J. H. Toller. J. Rooker. T. R. T. Hodgson. J. Gordon. E. Evershed. W. Smith. J. Gadsby. G. H. E. Rundle. G. Meadows. the new companies annually registered under the Limited Liability Act, it would not appear that recent Clerk of the Peace. disasters have had any material effect in checking this description of enterprise, since the total nominal capital proposed to be raised for such concerns in the twelve months from the date of the panic, viz., from the 1st June 1866, to the 31st May last, was in England alone 37,459,986/., while the number of companies was 474. About half of this amount, however, is made up simply of the capitals of old companies that have re-constituted themselves for the purpose of reducing the outstanding liabilities of shareholders. Thus the General Credit Company and the Credit Foncier appear in the list for 2,000,000l. each, while the Birmingham Banking Company, the Agra Bank, and the Anglo-Italian Bank figure for 1,500,000Z., 1,600,000, and 400,000l. respectively. A further large portion of the total is made up by concerns on which no subscriptions of the least importance are believed to have been obtained in this country. Among these are the Paraguassu (Brazil) Steam Tramroad for 1,500,000.; the Yucatan Railway and Warehouse Company, "for the conveyance of goods and passengers by railway in Mexico," for 400,000%; the Haytian Estates Company, 300,000%; and many others. A project also figures under the name of the Phoenix Bank for 1,000,000, which appears never to have made any return even of its place of business. Among the new undertakings that are of the most importance from the amount of their capital and their proposed objects are the Belgian Public Works Company, 2,000,000.; the Suburban Village Company, the Liverpool and Great Western Steamship Company, and the Nicaragua Railway (Captain Bedford Pim's route), 1,000,000l. each; and the Alexandra Palace Company, 550,000l. Of the remaining undertakings a large number have failed to R. Johnson. J. Vines. J. Clayton. J. W. Ward. W. I. Bull R. E. Moore. J. Whatley. W. W. Hayward. J. Torkington. S. Weller. W. Winterbotham. REAL PROPERTY LAWYER AND JOINT-STOCK COMPANIES' LAW pass the initiatory stage, and the capital of those that CONVEYANCER. NOTES OF NEW DECISIONS. stock on trust, subject to debts, to pay dividend survivor had drawn 1584/. of the fund and stolen it. The remainder, 716., was recovered from him, and he was sentenced to penal servitude. It washeld that the pecuniary legatees had no priority, and that they and the residuary legatee must abate rateably. (Baker v. Farmer, 17 L. T. Rep. N. S. 46. V.C. Malins.) TIMBER-TENANT FOR LIFE-WASTE.-In 1831, and again in 1842, 1843, and 1844, A., tenant for life, impeachable for waste, with remainder in fee to his son B., cut timber and received the proceeds. B. came of age in 1834, lived with and was in partnership with A. for some years, and died intestate in 1844, leaving C. his only son and heir-at-law, A. took out administration to B.'s estate, during C.'s minority, and died in 1864. C. came of age in 1865, took out administration to B., and in 1866 filed a bill against A.'s executor for an account of the proceeds of the timber: Held, that, although the timber might have been such as that the cutting of it would have been sanctioned by the court, still, as it was cut without leave of the court, it must be taken to have been wrongfully cut. The M. R. having held that the rights of suit which accrued to B. in 1842, 1843, and 1844, were barred by the Statute of Limitations; and if not, by the conduct of the parties: Held further (varying the decree of the M. R.), that the rights of suit were not barred by acquiescence; and that, although commencing in 1842, 1843, and 1844 respectively, they were suspended during the period that A. was B.'s administrator, and hence that they were subsisting at the date of the filing of the bill: (Seagram v. Knight, 17 L. T. Rep. N. S. 47. L. Ch.) IRISH RECORDS OF TITLE.-Down to the end of July 210 Parliamentary titles to estates had been registered under the Act of 1865 relating to the Incumbered or Landed Estates Court of Ireland; the value of the estates, as shown by the purchasemoney stated in the deeds, amounted to 564,0494; thirty-four applications had been made to record former conveyances of the court. There is no fee charged for recording a conveyance immediately after its execution by the court, but if an interval is allowed to elapse a fee is payable, not after any interval higher than 10s. for 1001. of value on even small estates. A certificate of title is issued, describing the estate and containing a map of it, and stating who is the owner, what incumbrances there are, and what tenancies, easements, or other rights. JOURNAL. NOTES OF NEW DECISIONS. WINDING-UP. have really been able to establish themselves would make in the aggregate a small sum. Building societies and mining companies constitute a considerable proportion. For local purposes many companies have been formed with nominal capitals the purchase, erection, and furnishing of build-in the list, and most probably the smallest ever DEBENTURES.-A company whose object was ranging from 80l. to 15004. The smallest company ings, hotels, &c., and having power to borrow on formed, is the Manchester Operatives Ale and mortgage or debenture bonds any sums necessary Porter Company, which has a nominal capital of 80%., to carry on the business, issued debentures divided into forty shares.-Times. which pledged "the property belonging to us for the time being, during the subsistence of this debenture, with all the buildings and stock on and connected with our said property, and all the receipts and revenues to arise therefrom." Such debentures were held to be a first charge on all the property and effects of the company at the date of the order for winding-up: (Re The Marine Mansions Company, 17 L. T. Rep. N. S. 50. V.C. WENERAL. COUNTY COURTS, SHREWSBURY COUNTY COURT. At the usual monthly meeting of this court, held before J. W. SMITH, Esq., Q. C., the following case An action to recover 15l. 3s. 6d. damage sustained Corbet Davies for the defendant, Mr. Trail, gardener, of Coton Hill. about half-past nine o'clock on the morning of the Edward Clark, assistant to Mr. Hall, stated that 16th June, he was dressing one of the windows of plaintiff's shop, and saw defendant's cart rapidly coming towards him. Defendant seemed to be exerting himself to keep the horse from backing, but did not turn its head at all, and the consequence was that the cart was backed against the window and smashed it and the wood-work. There was nothing in the street to prevent the defendant from turning the horse's head round, by which the acciMr. Trail came into the shop and said he had done dent might have been prevented. After the accident and if a bill was made out he would pay it. He was a bad job, such a thing as he had never done before, told to call again, as the plaintiff was not at the shop. SALE OF SHARES THROUGH BROKERS-CUSTOM OF STOCK EXCHANGE.-In dealing with shares, it is the custom of the Stock Exchange to pass the right to the shares by way of sale from hand to hand until the name of the last purchaser is given to the brokers of the original vendor, and the transfer is drawn direct from the original vendor to the last purchaser. The plaintiffs instructed their brokers to sell forty shares with 51. paid up, and on the 21st March the plaintiffs' brokers accordingly sold the shares to M., another broker, for 2021. 10s. On the 26th March the defendant's brokers, by his instructions, bought for him these forty shares at 1457. On the 27th March M. told the plaintiffs' brokers to take the name of the transferee from B., another broker, and B. named the defendant. The transfer was accordingly drawn up from the plaintiffs to the defendant. The plaintiffs executed the transfer, the consideration being left in blank, and returned it to their brokers, who took it to the defendant's brokers, and having received from them 145., inserted that sum as the consideration, and left the transfer and the certificate of shares with the defendant's brokers, who sent them to the defendant. The difference between 2021. 10s. and 1451. was paid by M. In the meantime, on the 26th March, without the knowledge of the defendant, a call of 5l. per share was made. On the 26th June the For the defence Mr. Trail was called, and said company was ordered to be wound-up under that the horse on day named was frightened by supervision. On the 31st Aug. another call of 51. some means or the other. He had had it fourteen was made by the official liquidator. The defen-years, and had been accustomed to take it to dant received notice of both calls, but refused to market. It was apt to shy if there was anything in pay them, and never executed the transfer. The the way. At the time the street was as full as it plaintiffs were obliged to pay both, and filed their would hold of standings and people. Had he turned bill for specific performance, and for other relief: the horse's head it would have been dangerous to the Held, that the defendant not having a legal people, and particularly to some children who were in the street. He used all his endeavours to pretitle to the shares, the equitable title could not vent the accident. He did not promise to pay the be forced on him under the circumstances; and bill, but said he would pay whatever was right. the bill dismissed with costs: (Hawkins v. Maltby, He went down to Mr. Bowyer's, and told Mr. 17 L. T. Rep. N. S. 51. V.C. W.) Bowyer to go up and see it, but by no means to enter into any agreement to pay anything. He paid a small sum into court for common glass. His reason for not pulling the horse on one side was NEW COMPANIES.-According to a hasty glance at the return moved for by Mr. Alderman Lusk of Richard Greenwood Harrison, also an assistant to Mr. Hall, gave corroborative evidence, when his Honour suggested that the case might be amicably settled by defendant paying half the amount claimed. To this Morris, on the part of the plaintiff, consented; but the defendant refused, and the case proceeded, other evidence being given in support of plaintiff's case. because he might have run over some one, or he should have tried. Mr. Benjamin Instone, who saw the accident, said there were many people about at the time, some near the cart, and defendant used all his might to prevent the accident. He seemed overpowered. Mary Smith confirmed Mr. Înstone's evidence. Mr. Instone, recalled, could not say whether any person would have been injured had defendant turned the cart; but there were some children about three yards off. The witness Smith corroborated this statement, and added that the people got out of the road when the cart backed. In cross-examination both said the people were not so thick as to have hindered defendant turning the horse. This completed the case, and His HONOUR gave judgment for half of the amount of the claim, with costs. On the arrival of the judge in the court the next morning, Mr. Trail, the defendant, was called into the witness-box. He had, it appeared, after the decision was given, written a letter to the judge, complaining of his decision, and requesting a reconsideration of it. His HONOUR, addressing Mr. Trail, told him if he had any application to make he should make it personally, and not by letter. A Shropshire 'squire had once addressed him by letter, and it was a very indecent thing for any one to do. He should like it to be made known that he would never receive letters of this description from any one. His Honour asked Mr. Morris if he was aware of any case in point. Morris said he was not, or he should have produced it. none His HONOUR then read the following extract from a work of his own, entitled the Manual of Common Law: "A person may be sued for an act done accidentally or by mistake, unless it was unavoidable or occasioned by the plaintiff's negligence," Man. Com. Law, 3rd ed. p. 2. In general, he who has done or been the immediate cause of an injury, though it happen accidentally or by misfortune, is answerable for it; but it is otherwise when the act which caused the injury was authorised by the Legislature, or one of the ordinary and proper acts of daily life," Ibid. 3rd edit., 404-5. In continuation, he said he did not, therefore, hesitate as to his decision. The work he quoted from was the result not only of three years' labour, and the consideration of numerous decisions, but it was the production of a man of a quarter of a century's experience in the compilation of text-books, as well as in the practice of the courts. After all the ingratitude he had experienced in this wicked world it was cheering to him to think that, from the Lord Chancellor downwards, he had received letters expressing gratitude to him for what he had done; and he believed thousands of young men had acquired the larger portion of their legal knowledge through his instrumentality. It was partly for those reasons that Lord Cranworth had conferred upon him the honour he had done; and in doing so he (the Lord Chancellor) said that among the large number of candidates for the appointment there were whose claims were such as his (the speaker's). He had particular reasons for making this statement, and he was sorry it was so. Addressing Mr. Trail his Honour said he had felt for him exceedingly since he heard the case on Monday. He had since been the subject of the most painful anxiety to him to satisfy himself that he had done no kiud of injustice in the matter. So far from it, however, that after some hours' thought, since he was in that court last, he had come to the conclusion that the judgment he had given was a sound and a right one. He was not in the habit of giving reasons for his judgments, and thereby consuming the time of the court; but he had reasons, and strong reasons, for all that he did. He was in the habit of implicitly acting according to the best of his belief, and according to the law of the land as defined by the statutes and laid down by the decisions, both in common law and equity. But he had all along repudiated the opinion that he was in any way bound by the pleadings or the practice of the Superior Courts. On the contrary, he had shown, by the words of the statute itself, that he was not bound by any such pleadings or practice. The Act distinctly stated that the principles of procedure in the Superior Courts may, at the discretion of the judges, be adopted. But, as he said before, he acted in accordance with the doctrines of common law; and he should be a lunatic if he did not do so. He had done so in that case, and he found one set of facts in favour of plaintiff and another in favour of the defendant. He had endeavoured to strike a balance between the two, not by any forced compromise, which he never did, but by a nice adjustment of one principle with another, and the consideration of that natural justice which lay at the root, not only of all proceedings in the Court of Chancery, but in common law itself. Since giving his judgment, he had reconsidered the matter, and he was satisfied that not only was that judgment in consonance with law, but also with the highest principle of honour and justice. If a man went to the expense of plateglass windows, he ought to do it partly at his own peril. He ought not to expect that he should receive the full amount of those windows in case of acci dent. On the other hand, if a man chose to bring into the street horses that shied, although it might be but occasionally, he, too, must do it at his own peril. If he employed such horses he must use the skill and judgment in their management which might be expected of him. Here, then, was one principle on the side of the plaintiff, and another on the side of the defendant. Now, the principle laid down in such cases was, that where one or two must suffer, he must suffer who though accidentally (if not unavoidably) has occasioned the loss. Here one of two persons must suffer, and the one who had occasioned the loss was the defendant. But was the defendant to be entirely the sufferer? By no means, for the plaintiff had contributed to his own loss, by putting in such a situation so costly an article. His Honour then referred to the evidence that was adduced, and gave his opinion that the "accident was not unavoidable." He had come to the conclusion, therefore, that the judgment he gave was a right judgment. He was sorry for him (defendant), but he could come to no other conclusion. He might, perhaps, just mention that as he came along that morning he fell in with one of his own registrars. He mentioned the case to him, and that gentleman said it was a right decision. Morris said, if the window had been composed of small panes, a cart running into it would have smashed the whole window." His HONOUR said he had seen the window that morning, and it consisted of two or three divisions. Morris said, when the defendant first went to Mr. Lloyd upon the subject he was willing to pay for the damage done; but a person afterwards told him he was only liable for a 5s. square, and he then refused to pay more. Mr. Craig said, as amicus curia, he might mention that he had a case once, where a lot of sheep jumped through a window. He looked the case up carefully and the money was paid. His HONOUR said he was glad, for Mr. Craig's own sake, to hear him say that he was amicus curia. After a brief pause his HONOUR continued: As he had been drawn into making one or two somewhat egotistical remarks he should make one more of the same description. He had already said that he did not give reasons for his judgments. He did not profess to give written judgments or formal judgments. It would be only occupying a court unnecessarily, in which the business was supposed to be done in a summary way. He was not in the habit of doubting more than other judges who had any knowledge of law in their heads; but where he had a doubt, he always endeavoured to afford an opportunity for removing it. He might say, however, that repeatedly he did not know until the last minute or two which way he was about to decide a case-so painful, so critical, sometimes was the balance of law and fact. Such had been his position during the two or three years he had sat in that court; but when the last minute came he had seldom had occasion to wait beyond two or three minutes, and never had he seen occasion to reserve his judgment; and, further, he never had reason, upon subsequent reflection, to feel any misgivings for any judgment he had given. And was it a wonder? Did he come there as an author or as an unit? Had he not written upon these matters? Did he come there as a novice? Was he not, when he came there, one of Her Majesty's counsel, a bencher of Lincoln's-inn, and a barrister of twentyyears standing? five 13 0 0 Clinch, of Leamington, for the plaintiffs, stated that the defendant, without consulting the plaintiffs, inserted advertisements in the local papers that the villa was to be let, and referring applicants to them; that Mr. Wackrill, in consequence, agreed to take the villa at a rental of 45. per annum, and the plaintiffs accordingly drew up a lease in which they inserted a clause giving to the lessee the privilege of purchasing during the term for the sum of 7001, which purchase was subsequently carried out. It was the established custom of house agents in such cases, in the first instance, to charge the landlord with the commission for letting, and if the tenant afterwards elected to purchase, then to charge the commission on the sale, deducting the commission paid for the letting. In support of this custom he cited Rainey v. Vernon, 9 Car. & P. 559. Mr. Matthew H. Brown was called in support of the above statement of facts, and cross-examined by Overell. Witness prepared the lease. Was not aware | that he was liable to a penalty for so doing. Was not paid for the preparation of the lease. The advertisement was to let, and not to sell. Plaintiffs had been paid by the defendant for the letting of the house at the time, and not for the sale. Mr. Jno. Wackrill stated that about the month of July 1865, he called on the plaintiffs relative to renting the villa; he did not engage the plaintiffs; the defendant was not willing to sell, but was forced to do so by the agreement. It was witness's desire to have the clauses for purchasing inserted in the agreement. Cross-examined.-Witness asked for a purchasing clause at 6501., and defendant unwillingly consented to 7007. being inserted. He had been since offered more than 7001. for the villa, but would not sell. Mr. Jno. Cooks, auctioneer and estate agent, Leamington, said, when he let a house and the lessee afterwards became the purchaser, he should require to be paid his commission on the sale, deducting the charge for letting. It was the custom of the profession, he should expressly tell his client that he should charge for the sale within the terms specified. By his HONOUR.-If the sale was within a limited time, say three years, he should charge commission on the sale. Cross-examined.-Witness's firm charged commission for introducing the party if the sale was within a reasonable period after the introduction of the party purchasing. His HONOUR said he had looked at the case of Rainey v. Vernon, which was by no means applicable to the present case. Overell, of Leamington, said it was perfectly clear that in this case there was no express contract on the part of the defendant to pay the plaintiffs the commission, and consequently there must be an implied contract between the parties to entitle the plaintiffs to substantiate their claim. They relied upon the custom of house agents, but such a custom had not been proved. In the case of implied contracts, the terms must be such as reason and justice would dictate in the particular case, and which therefore the law presumed that every man undertook to perform. If there was an invariable, certain, and general usage or custom of any particular trade or place, the law implied on the part of one who contracted or employed another to contract for him,upon a matter of which such custom or usage had reference, a promise for the benefit of the other party in conformity with such usage or custom, provided there was no express stipulation between them which was inconsistent with such usage. A debtor is not bound or affected by the custom of his bankers to charge interest upon interest by making rests in their accounts, unless it can be shown that he was aware that such was their practice: (Moore v. Vaughton, 1 Stark. 487. There was no implied contract on the part of the defendant to pay the plaintiffs commission on the sale; the plaintiffs had been employed simply to let the villa, for which they had been paid, and the matter was then concluded. It was not because a purchasing clause had been inserted in the lease, and that years after the lessee purchased, that the plaintiffs were entitled to recover a commission for that which they were never employed to do. Such a custom as that claimed by the plaintiffs was not a reasonable and invariable one. It was unreasonable that after a lapse of time, without any intimation of his liability to pay a commission on a sale, that he should be compelled to do so. The case of Rainey v. Vernon was not applicable. Mr. Leach, the defendant, said that he never gave any instructions to the plaintiffs to sell his property, and that he only allowed the purchasing clause to be inserted in the lease at the earnest solicitation of Mr. Brown, and upon his statement that unless he did so he would lose a good tenant. Shortly before the expiration of the lease, which was for three years, he to his great annoyance, received a notice from Mr. Wackrill's solicitor, requiring him to convey the property for the sum of 7007., which he did, although it was worth considerably more. That witness never gave any authority to the plaintiffs to sell, nor did he wish to sell the property. Mr. Hawkes, house agent, Leamington, said he should never expect a commission under a selling clause, unless there was a stipulation to that effect. He had never heard of such a custom as that contended for by the plaintiffs. He did not prepare leases himself, but sent them to a solicitor to prepare. His HONOUR said that he would take time to consider his decision. Sept. 17.-His Honour did not sit at this court, but sent the following written judgment, which was read by the registrar:-This action is brought to recover the sum of 137. under the following circumin Leamington, were employed by the defendant to stances: In the year 1864 the plaintiffs, house agents procure a tenant for the defendant's house and premises in Leamington, called Spotland-villa. They introduced to him Mr. Jno. Wackrill, who took the premises under a written agreement bearing date July 16, 1864; the tenancy was to be from Aug. 12, 1864 to March 25, 1865, and for three years next ensuing the latter date, and defendant paid to plaintiffs the sum of 41. 10s. as their commission on such on in this application to place the respondent, and letting. On settling the terms of the agreement Mr. Wackrill appears to have required the insertion of a clause giving him the option during the continuance of the tenancy of purchasing the premises for the sum of 700, to which the defendant reluctantly assented, and on which Mr. Wackrill has elected to purchase the property, whereupon the plaintiffs, relying upon an alleged custom in their business, claim the sum of 17. 10s. as their commission on a sale, at the same time giving credit for the sum of 4. 10s., the commission on the letting previously paid to them by the defendant. Now there is no question that if, in the language of Chitty (see Chitty on Contracts, 4th edit. p. 20), there be an invariable, certain, and general usage or custom of any particular trade, persons contracting with members of such trade upon a matter to which such usage or custom has reference are bound by it whether they have knowledge of such usage or not, but it is incumbent on the plaintiffs relying upon such a custom to prove its evidence to the satisfaction of the court clearly and indisputably. That the plaintiffs have in this case failed to do. Having regard to the evidence of Mr. Cookes on crossexamination, and the direct testimony of Mr. Hawkes, it is impossible for me to find that the plaintiffs have proved the custom they rely upon to entitle them to my judgment. I therefore direct judgment to be entered for the defendant. Overell made an application for the usual costs tioned, and that, unless and until the said instal-questions which will show if the candidate has a which were granted by the deputy judge. THE NEW BANKRUPTCY LAW. [NOTE-Practitioners will oblige by forwarding new points page, generally from some history; what more would "Studens" have? He has, perhaps, been taking part in amateur theatricals, and consequently thinks that, instead of a quiet piece of reading, the candidate should put on a frightful grimace (as amateurs are apt to do) and ask in hollow tones if that is a dagger which he sees before him, when there is nothing more dangerous than a penknife in the room, or wildly offer any one his kingdom for a horse, when all his possessions are not of the value of the poorest Welch poney. Then, the arithmetic; there "Studens" lets the cat out of the bag. He has not passed a preliminary, for, if so, he would know that, although the questions are limited to the first four rules, yet some of them are such as take a great deal of time and ability to answer. As to geography, I suppose the authorities do not consider anything of the kind suggested by "Studens," but they do consider, and very properly, that if a candidate shows a fair knowledge of "Europe and the British Isles," it is not a matter of very great consequence if he does not know the exact spot where the YanNOTES OF NEW DECISIONS. tse-kiang rises, or the precise heights of the MounCOMPOSITION-DEED PROCESS. A deed of tains of the Moon, for such knowledge is generally composition under the 192nd section of the B. A. got up for the occasion, and when the occasion has 1861, had been executed by the defendant, by passed is forgotten. Next the Latin paper is which the creditors covenanted to accept a comattacked. What "Studens" says about Latin being the "universal legal tongue" is perfect nonsenseposition payable by instalments therein menit is required occasionally, and the examiners ask ments of the said composition, or some or one of pretty good acquaintance with the Latin grammar, them, should become payable, and should not be which, with the knowledge of the language that paid within three days after demand, they would necessarily brings, is quite sufficient for all the purnot arrest nor proceed against the defendant. It poses of solicitors, and which, considering that the was further provided that the deed should have candidates are required to possess, besides, a thorough no effect, and be void ab initio, in case the instal-knowledge of one other foreign language (not a ments should not be duly paid. A month after three months' knowledge), is all that can be reasonthe first instalment became payable, the plt., ably required. The fact is that "Studens" has received no payment, without notice to the candidates should be judged. My opinion is that if being a non-assenting creditor, and having missed the very gist of the examination; the paper on English Composition, and by this especially the defendant, caused an execution to be levied upon the defendant's goods for the amount of a judg- his own country (which the answers to the questions a youth shows a correct knowledge of the history of ment obtained by him: Held, that upon the given will certainly discover), and can sit down and face of it, and without any reference to its write an essay of several pages on a subject which reasonableness, this deed was no bar to the is suddenly presented to him, such a youth, if the execution: (Baker v. Painter, 17 L. T. Rep. N. S. other papers as now given are fairly answered, will 53, C. P.) be no disgrace to the Profession, even if he knows nothing about decimals and cannot work out a sum correct-a goodly number are plucked each term. in vulgar fractions. The editorial note is perfectly A Subscriber" is quite right. The English comCanonbury, Oct. 1. THE COUNTY COURTS ACT 1867.-A "Conservative Barrister" writes thus to the Standard:-Sir, -I ask you to extend your favours again to enable me to offer some observations upon this Act, which will come into operation on the 1st Jan. next year. It is one of sweeping change, and (without entering into Courts nearly all the civil business of the smaller dry details) it will practically transfer to the County circuits which hitherto has been transacted at the assizes. It also confers upon the County Court judges enlarged and additional powers in proceedings in equity to those which they possess under the 28 & 29 Vict. c. 99. Under sect. 1 of that Act four heads of suits are mentioned, in which the County Court judges shall have jurisdiction, the fourth of which relates to suits for "specific performance or for the delivering up or cancelling any agreement for the sale or purchase of any property." Now, not long since a question arose and was decided in the Court of Chancery that this fourth head would include an agreement for a lease; and apparently with a view to settle the question at once, a section, No. 9, was introduced into the new Act of 1867, legalising the jurisdiction of the County Court judges in such matters. Upon turning, however, to sect. 33 of the same Act, I find that "the several enactments specified in schedule C to that Act are thereby repealed;" and upon turning to schedule C, I find, under the words, "Reference to Acts," the 28 & 29 Vict. c. 99, and under the words, "Extent of Repeal," "The fourth head of suits and matters mentioned in the first section"-so that the Legis-ness or rash speculation, and were entitled to an lature have firstly legalised a point upon which there immediate discharge: (Re Harwood, 17 L. T. never was much doubt, and then in the same Act Rep. N. S. 54, Bank. have repealed the original jurisdiction together with Mr. Commissioner their newly-made decision. If I had not had the Abrahall.) Queen's printer's copy of the Act before me, I could not have believed that such a blunder could be committed." ECCLESIASTICAL LAW. THE CASE OF BISHOP COLENSO.-Cape papers which have come to hand give a detailed report of the judgment given by the judges in the Supreme Court at Natal on July 31, in the case of the Bishop of Natal v. The Rev. J. H. Wills, the object of the suit being to prevent Mr. Wills, who had been icensed by the metropolitan bishop of Cape Town, from officiating without Bishop Colenso's licence. The Chief Justice at great length contended that the court had jurisdiction (which had been denied), and that Bishop Colenso, as long as he holds the letters patent, is to all intents and purposes the Bishop of the Anglican Church in Natal, saying, "If the applicant has misbehaved, if he has done any act, or put forward any theological opinion which renders him unfit or incapable of retaining this position, why is he not deprived? Why are his letters patent not cancelled? The same power that created him can unmake him. I have observed two or three occasions on which issue might have been fairly joined with the applicant on this question, and it seemed to me that those who are in opposition to the applicant most studiously avoided raising this vital question. The recent case before the Master of the Rolls afforded an admirable opportunity for pleading that the applicant, by his teaching or writing, had rendered himself an unfit or an improper person to hold the office he does, yet the case turned altogether on different grounds. Even in the case of the cathedral before this court, issue might have been taken on this point, but in both instances this was avoided." He gave judgment in favour of Bishop Colenso. Mr. Justice Connor, in giving judgment against the bishop, said, "We are called month Mr. Commissioner Winslow will remain in missioners. CORRESPONDENCE OF THE A SUBSCRIBER. position ought to be the great test. Evidence is under our hand. In "Charity's" letter, which we publish below: there were two orthographical errors of the most elementary description. We were once asked by a good Latin scholar what "compound" meant as applied to the four rules. He was a candidate and passed!-ED.] ENTRY-BOOK LOST - EXAMINATION RASH SPECULATION.-The bankrupts having purchased the stock-in-trade, &c., of the wife of the opposing creditor, at her own suggestion, on her retiring [ from business, the articles were entered in a book, with prices, which were alleged to have been lost; and there being no satisfactory evidence to show who was responsible for its production, it was held, that they might pass their examination, notwithstanding its absence, and that having been induced to undertake the business by the representations of the wife of the opposing creditor, the bankrupts, though I was much amused on reading a letter in your with small capital, were not guilty of reckless-journal by "Studens," from which it is very evident that he has only seen the prospectus he mentions, or if had read a set of the questions put at one of these he would not have composed such a letter. Surely examinations he would have been convinced that they were much above the National school standard, and I am certain that the best scholar of such a known by candidates that the examiners go much school could not pass this examination. It is well further into arithmetic and geography than is published in the prospectus, and both the history and "English" papers are above the standard taught in our best private schools. As to the Latin you must have an elementary knowledge of it, which is perfectly suffisient to enable any one to understand Latin occurring in law books. Then again every candidate must have a thorough knowledge of another language. He generally selects either French or German, which are of much more use to him in his profession, especially if residing in a seaport town, and will elevate him more in society than if he could with ease read the Latin classics. It seems to me that "Studens" would have the preliminary examination such a barrier, that no one but those who had received a college education could pass, and have it almost of the same standing as the matriculation examinations, so that only a few would ever go into the law. Í believe the way in which the preliminary is conducted is perfectly adequate, and as much as ex necessitate rei is called for. The examiners deserve many plaudits for their management of the three examinations now required before being admitted to practice as attorneys and solicitors. There has been a great step taken in the reform of attorneys. Our future lawyers will be a more intelligent set of persons, and holding a respectable position as men of learning, and as a sequel to learning, men of honour; and you will no longer have to take half a day's journey to find a clever respectable attorney, and they will not be, as many were formerly, wealthy, idle, and good for nothings, and bores to society, and wanting nothing more than a profession. Let us hope that such persons as those last described are about annihilated." "Studens" cannot know many fellows who have passed this examination, for almost every term ten or twenty candidates are postponed. In my town out of eleven young gentleman who had PROFESSION. THE PRELIMINARY EXAMINATION.-The letter from "Studens" in your last week's impression on the subject of the preliminary examination calls, I think, for some reply. In the first place, I would ask, has "Studens been up for examination? From the tone of his letter, I should say certainly not; and were he, in his present frame of mind, to go to that of February next, I think that, instead of being "struck with the absurdity of the whole affair," he would in all probability be gratified with the acquaintance of at least one candidate who had been plucked. "Studens" must be a genius, at least, if he can master a foreign language in three months, if his other studies are conducted on the same principle; and if the Profession is to be recruited from men of his standard, which he evidently thinks should be done, it will most certainly never "uniformly consist of men possessing the intellect and culture which its nature and duties require." Suppose an average of half a dozen boys could be found in every National school in England who could pass the examination with credit? All honour to the boys, and no dishonour to the Profession. But let us see of what this examination consists which "Studens" considers such an insult to his manhood, or his boyhood, as the case may be. Ho says: "Reading aloud, if properly conducted, forms a very necessary and useful subject for inquiry." Each candidate reads to the examiner about half a OTH passed, five were put back the first time, and all have been educated in the best grammar schools of England. CHARITY. 08 Your correspondent of last week would have us believe that the Preliminary Law Examination is absurd, an insult to all who are in any way hereafter to be a credit to their profession, and such as with fety boys may be found to pass out of every tional school in England; and many, I fear, of ur readers feel inclined to echo these opinions of Studens," for being, as he says, of the numerous body of fellows, of all ages and capacities, who have successfully passed this first test of the legal student, they may not be sorry to see the path which they have left behind, made more difficult for their successors. 1 have said that this examination is a test, and this is where I believe your correspondent is at fault-he considers the standard required too low. Now I think that the aim of this as well as the local examination, in connection with Oxford and Cambridge, and the early trials at the universities themselves is not to fix a standard of excellence, but only to afford a test-a test to try if the candidate have received such education as to enable him, of himself, to add to his present stock of general knowledge when time and opportunity may present, and to benefit by the duties and daily routine of an articled clerkship; and it must be remembered that if the ability and talent required for this examination be not great, still accuracy, neatness, and a like proficiency in all of the given subjects is strictly exacted. "Studens"" propositions remind me of the cure which is worse than the disease; he would fix eighteen as the earliest age at which a candidate might present himself for a preliminary examination. The examination being made so much more difficult, we may reasonably suppose that, until this is passed, the would-be lawyer has read little or nothing actually bearing on his profession; he has still, moreover, the difficulties of an intermediate and a final examination to surmount, neither of which "Studens," we may presume, wishes raised in standard. Now, to commence the exclusive reading for the legal profession at the unsettled age of eighteen, seems far more absurd than the regulations at present in force; and the reading aloud would surely be more of an insult to such candidates than the first four rules and British geography to a boy of fifteen. It is the capability of doing rather than what is actually accomplished, which is sought for by these preliminary examinations. Nor need students desirous of showing their abilities seek far for opportunities of competition. The London University and the senior Oxford and Cambridge local examinations will supply tests not to be despised, but such would do well to remember that a little done well is far better than a mass of various learning indifferently mastered. If "Studens" had studied the I. L. S. Reports he would find that the average of one in every six is not an unusual one of those postponed at this examination. E. C. Pray allow me to say a few words in reply to the letter of "Studens" in your last impression. Of course, I am quite unaware who or what your correspondent may be; but I think he should have paused a little before he reflected in the way he has done on the line of conduct pursued by the examiners of the Incorporated Law Society. He says: "You could find, on an average, half a dozen boys in every National school in England who could pass that examination with credit." I don't doubt it, supposing, as he says, Latin, the touchstone, the shibboleth of the whole affair, be left out. When the cocoanut is broken the milk is easily swallowed; and I presume that (supposing the queries in the remaining subjects are as simple as he would make out) when the only hard element is extracted from the examination papers, the rest must be easy. The education afforded by our National schoolrooms is a sound English one; but it is only when such a test as the knowledge of Latin is applied that we can detect the difference between a man of letters and one who has only received a plain English education. Such a text is, I apprehend, afforded by the present construction of the examination. And really I think that the spectacle of one who has mastered the language of Tully and Virgil in three months, would be quite as edifying, and certainly as rare a sight, as the unfortunate plucked one whom "Studens" is so anxious to meet with If your correspondent himself accomplished the feat in such a time, there is not much fear that his learning, as far as Latin goes, will drive him mad. Poor "Studens;" has he himself been "insulted" and "libelled" by the legal authorities? Hardly, I think, for otherwise he would display some knowledge not only of the subjects for examination, but also of the kind of questions that are asked. I fancy that if a candidate presented himself who knew no more of arithmetic than the first four rules, simple and compound, he would be slightly astonished by the nature of the queries propounded to him. No; as a fair test of education, the subjects, and the questions on them are sufficient for the end proposed; and if it be necessary to raise the standard of excellence, all that is requisite is to increase the number of marks to be attained to by the candidate. I can indorse your the Prayer-book, "Wherein whosoever are related are forbidden in Scripture and our laws to marry together," I find a woman is prohibited from marrying a "Husband's Brother," which I take to mean a deceased husband's brother, for if the woman married the brother during the lifetime of her husband she would be guilty of bigamy. CANTAB. แ NOTES AND QUERIES ON N.B. None are inserted unless the name and address of the Queries. LEASE?-A. B. made arrangements with C. D, for leasing 328. LEASEHOLDS-HAS EXECUTRIX POWER TO GRANT A to him a large piece of land for building purposes for fifty-six years at the annual ground-rent of 362 He also agreed with E. F. in writing, that as soon as such lease to him, A. B., was granted, he would underlease a part thereof to the said E. F., his executors, administrators, and assigns, for all the residue of the said term at the ground rent of 131. Before the original lease was engrossed A. B. died, having first made his will, giving all his property to his wife for life, and on her decease between his children equally, and appointed his wife sole executrix. This will is dated in 1841, and proved 1842. There is no mention made in this will of any power to the In your paper of last week I read a letter referring to the Preliminary Law Examination, from one who signs himself "Studens." To say the least this letter is utterly uncalled for. "Studens" THE "PRELIMINARY EXAMINATION."--If the canaims his very facetious remarks at every examina-.date is examined in London there is a fee of 14, tion subject except the English composition and writing from dictation, on which, for reasons best payable for the certificate of having passed, and this has to be paid after the examination takes place. known to himself, he is silent. He first informs us that "on an average, half a dozen boys in every No fees are payable, I believe, if the candidate is "plucked." CANTAB. National school in England could pass that examination with credit, and that we surely require something a good deal above the National schoolboy as members of the learned profession." "Studens" forgets that many an individual of humble life has lived to perform far greater achievements than passing an examination; but I, for my part, cannot see why a National school boy should not be permitted to employ his natural talents to the best advantage as well as any one else. As to being able to learn enough of a language to satisfy the examiners by three months study, it is simply absurd, or the student must possess most extraordinary abilities. "Studens" would make eighteen the earliest age for candidates, but I doubt whether many would thank him for the suggestion, however valuable it may be. The reading aloud, he says, is improperly conducted. Wherefore, I know not. My own experience is that the candidate reads aloud about half a page from some history. Surely that is a sufficient test as to his capabilities in that respect. "Studens" then talks something "about not libelling a man by asking what he knows of the first four rules of arithmetic." I would here inquire if "Studens" has ever seen the questions on this subject. They certainly embrace the first four rules, but are by no means as easy as might be expected; they are somewhat complicated, and I have ere this known them to puzzle men who were clever at figures. Why should book-keeping by double entry be introduced? And if So, why at the preliminary, instead of the intermediate examinations? I was not hitherto aware that the system of double entry was ever required in the daily routine of a lawyer's life. Geography and history are interesting studies, but what need can there possibly be that they should comprise the whole world? The examiners merely require good general knowledge, and are therefore satisfied when a candidate shows a fair acquaintance with the geography of Europe and English history. With regard to the Latin "Studens" is more reasonable, and I consider a thorough knowledge of it highly desirable, though not absolutely indispensable; for if a candidate can answer the questions set on that head with facility, he ought to know enough to assist him in his legal pursuits. The English grammar seems to me quite satisfactory, and undeserving the name of "trash" which "Studens" thinks fit to apply to it. There are many people who are very backward in this, and a candidate must be well up if he would acquit himself at all creditably. Your note at the end of acquainted with two rejected candidates. In May "Studens" letter is perfectly correct, as I am myself I called at the Law Institution to obtain my certifi1866 I passed the preliminary examination, and when cate, a few weeks afterwards, was told that thirtynine had been plucked. It is, however, only right to add that this was an unusually large number. A desire to improve the mind is always commendable, but there can be no necessity to undergo the severe course of study suggested by "Studens," who appears to have been discussing a matter of which he understood little or nothing at all. AN ARTICLED CLERK. 26 & 27 VICT. c. 105.-Can you or any of your correspondents inform me whether an Act has been passed this last session in continuation of 26 & 27 Vict. c. 105. By that Act, 17 Geo. 3 c. 30, was repealed for three years from the 28th July 1863, and until the end of the then next ensuing session of Parliament; and if, therefore, there has been no Act passed this last session to the above effect, I presume the requirements of the last-mentioned statute, as to the name and abode of the payee being put on the instrument, and as to their being made payable within twenty-one days, &c., revive. Manchester, Oct. 1. INQUIRER. COUNTY COURTS ARRANGEMENTS. — The LAW MARRIAGE WITH A DECEASED HUSBAND'S BROTHER. executrix to grant a lease, but there is a power to sell, the proceeds to be divided amongst his children. C. D. after- of A. B. had no power to grant a lease. The widow of out letters of administration de bonss non, to the estate of inform me whether it is necessary or usual to file at the 329. LEGACY DUTY.-Will some of your readers kindly Legacy Duty Office a residuary account where the entire property of the testator both real and personal is given to the wife? S. T. your me with an answer to my query (250) in the Law 280. ANSWER WANTED.-Will any of your readers kindly TIMES of 20th July last as to "Stamps on Deeds of Covenant for production of deeds." W. We repeat the query for easy reference:- should be much obliged by any of your readers informing me purchaser, for the production of deeds on the sale of an estate, subject to a stipulation that the deeds should be delivered over to the largest purchaser, on his entering into a covenant for their production with the other pur chaser? In Prideaux's Conveyancing, vol. i., p. 150, it is stated that such a deed of covenant, it is understood, would require a deed stamp of 11. 15s. It appears to me that such a deed of covenant, if bearing even date with, and recited and executed at the same time as, the conveyance from the vendor to C., is a separate deed of covenant made on the sale of an estate and chargeable with a duty of 10 W. 331. LANDLORD AND TENANT.-A. lets a dwelling-house and premises to B. B. does not go to live in the house but puts C., his brother, therein. A. dies, and by his will leaves all his property to D., his son. B., before A.'s death, pays C.'s rent, but afterwards gave notice to D.'s wife that in future C. would pay it himself. A.'s quarter's notice to quit has been served on C, would this be legal, or ought this notice to have been served on B. who took the house? Rent payable quarterly. C. bas not yet paid any rent; the first quarter's rent was due on the 29th Sept. last. Answers. B. (Q. 327) M. D.-We replied off-hand last week to a query whether a physician could recover his fees, that he could not. We should have said that he can unless prevented by the bye-laws of his college. See sect. 31 of the Act-ED. -"Cantab "writes to the above effect. -It has been decided that a physician registered under the Medical Act 1858, who attends a patient professionally, and is not prohibited from suing by any bye-law of the College of Physicians, can recover his fees without exhe attends the patient for an honorarium, but for fees, the press contract. The presumption is not, as formerly, that Duchy of Cornwall, and to the mining customs of Derbyshire. right to which can be enforced by action: (Gibbon v, Budd, and therefore the bye-law on fellows did not apply to him. J. A. P. LAW LIBRARY. A Treatise on the Law of Mines and Minerals. By WM. BAINBRIDGE, Barrister-at-Law. Third Edition. London: Butterworths. MR. BAINBRIDGE was, we believe, the first to collect and publish in a separate treatise the Law of Mines and Minerals, and the work was so well done that his volume at once took its place in the law library as the text book on the All minerals which are unworked and unsevered are parts of the freehold, and, as such, constitute will be subject to the general rules which govern the enjoyment of real property. When severed from the freehold, they become mere personal chattels. The author then proceeds to treat of the right of property in minerals, 1st, in freehold lands, sea shore, and highways; 2nd, in copyhold and customary lands; 3rd, in common and inclosed lands; 4th, by custom and reoccupation; and 5th, in manors and reputed manors. The royal mines claim a chapter for themselves. The next discourses of the right to work mines when severed from the inheritance, by persons with limited and qualified interests, and by ecclesiastical persons. The rights of way and water, the transfer of mines, and the sale of mines and shares in mines. We now come to the important subject of leases and licenses, the right to grant them, and mining partnerships, regulated, as the reader is aware, by a very remarkable customary law, called the cost-book system, of which Mr. Bainbridge gives a minute account, collecting the decided cases, and arranging them with great remedies relating to mines and minerals, the statutory regulation and inspection of mines, the coal trade and local customs, conclude the treatise, to which the author has appended sixteen practical precedents in conveyancing. This work must be already familiar to all readers whose practice brings them in any manner well know its value. We can say only of this in connection with mines or mining, and they new edition that it is in all respects worthy of its predecessors. L'AW SOCIETIES. THE SOCIAL SCIENCE ASSOCIATION. JURISPRUDENCE AND AMENDMENT OF THE Law. The Repression of Crime. subject to which it was devoted. It is strange and other mining rights, are next reviewed; then / THE following paper was read by the MASTER that in a country whose wealth was based upon its minerals, where so vast a property was invested in the raising of them, and upon a theme that involved so great a variety of legal questions of the utmost delicacy and difficulty, there should have existed, previously to Mr. Bainbridge's enterprise, not merely no separate work on mining law, but scarcely even an epitome of this law in any law book. Singular good fortune, therefore, combined with ability and industry to give the author that command of an unoccupied ground which falls to the lot of few legal writers, and secured for him the popularity he has ever since enjoyed, and which he has maintained by successive editions, enlarged and improved, a new one being now before us. The original scheme of the treatise has been retained almost unchanged. An opening chapter describes the definition of minerals, and the manner of acquiring them. It is short, and we extract it in full: The subject matters of the following pages are the mineral productions of the earth. A mineral has been defined to be a fossil, or what care. The injuries resulting from mining operations form the important subject of the eleventh chapter, and he commences with setting forth the general rules thus: Minerals are seldom obtained without injury to the surface. Mining operations invariably interfere with the ordinary enjoyment of land, except under very peculiar circumstances. the surface, and he is in actual possession of both, When mines or quarries belong to the owner of there can, of course, arise no question respecting the right to commit acts of injury, or the extent of the injury inflicted. For such a person will have the complete ownership and dominion over the whole land. is dug out of the earth. The term may, however, either for a limited period or permanently, from the of antiquity whose institutions have had any in the most enlarged sense, be described as comprising all the substances which now form, or which once formed, part of the solid body of the earth, both external and internal, and which are now destitute of, and incapable of, supporting animal or vegetable life. In this view, it will embrace as well the bare granite of the high mountain as the deepest hidden diamonds and metallic ores. In deeds and other documents the term may be explained in its larger or restricted sense, according to the intention, express or implied. These various productions are differently found: in small nests, bunches, or isolated deposits; in large irregular masses; in detached fragments; in alluvial and fluvial streams; in lodes or veins; and in a regular course of stratification. A mineral lode or vein is a flattened mass of metallic or earthy matter differing materially in its nature from the rocks or strata in which it occurs. Its breadth varies from a few inches to several feet, and it extends in length to a considerable distance, but often with great irregularity of course. It is usually perpendicular, or nearly so, in its position, and descends, in most cases, to an unknown depth. Sometimes the sides are parallel, and sometimes they recede from each other, so as to form large accumulations, or, as they are called, bellies of mineral matter, and occasionally they approach each other so as almost, if not wholly, to cause the vein to disappear. Veins also traverse each other, and smaller ones ramify or spring out from the larger. Ore is a term applied to certain minerals in their natural condition. But when the right to work mines is distinct, possession of the surface, it must be exercised with due regard to the rights of those interested in the surface. The general rule of law in all such cases is sic utere tuo ut non alienum lædas; and, though the mining adventurer may not be restrainable from enjoying his property to the injury of that of others, he will be compelled to give adequate compensation to all other owners whose rights may be unjustly infringed. It is, of course, competent for absolute owners to agree, either that the mines may not be worked at all during their severance from the general inheritance, or that they may be worked with extraordinary powers over the surface. It has been seen, that the lord of a manor, in the absence of special custom, is unable to work mines in the lands of his copy hold tenant, because the tenant has a right of possession, though not a right of property, in the whole of the land. An ordinary lessee for years, in the absence of exception or reservation, is precisely in the same situation; and it has been before remarked, that it is incumbent on every lessor of lands in which there are mines, the possession of which he wishes to retain, not only to except the mines themselves, but to reserve all those privileges for working them which may not be implied by law, but which may be highly instrumental in enabling him to take the most complete advantage of his exception. If these objects are not previously accomplished, the lessee will be a necessary party in order to authorise any disturbance of his possession by working the mines, or giving additional privileges to the adventurer. It would, of course, be in the power of competent owners to agree that the grantees should not be There are two common modes of working for responsible for any damages occasioned by the minerals-quarrying and mining; and this distinc-working of the mines. It seldom happens, however, tion will be afterwards shown to be of some that such stipulations are inserted in grants or excepimportance. tions of mines. This exemption may sometimes occur in mountainous and remote districts, where the value of the surface may be justly disregarded. But all mining grants are usually made upon condition that reasonable sums shall be paid in respect of the amount of injury which may be sustained, from time to time, by the proprietors of the surface. In all such cases, therefore, an action for reasonable damages may be maintained. A quarry is an open excavation where the works are visible at the surface. The word is supposed to be derived from quadratarius, a stone-cutter or squarer. A mine is formed by the penetration of the surface, without exposure of the works to the light of day, by means of pits, shafts, levels, or tunnels. This word is said to be derived from minare, signifying ducere, to lead or draw, with reference to subterranean passages. This distinction does not, of course, depend upon the nature of the material, but simply upon the mode of working. Regard must be had entirely to the mode in which the article is obtained, and not to chemical or geological character. It is inaccurate to say that a mine is unopened. The mine is not the substance, it is only the mode of getting the substance. A vein or a stratum may be unopened, but there can be no mine if there is no opening. This expression will, however, be used in its familiar signification, and the word mine will often be taken as synonymous with the mineral substances. Definite meanings have been given to certain mining terms by statutes relating to the If mines are worked, under such reservations, by lessees, it will be incumbent upon them, in the absence of special agreement, to satisfy the just demands of all owners of lands which may be injured by the mining operations. Then we have severally treated the application of these rules to injuries to the surface by undermining, to inundations, and to private and public nuisances; the author inquires into the operation of the Statutes of Limitation upon the redress to be sought, and describes separately the liabilities of owners and their agents, masters and servants, contractors and workmen. A chapter on the rating of mines and quarries, and others on the of the ROLLS (the Right Hon. Sir John Walshe): The inquiries to which this section of the association devotes itself assume the existence of a class of criminals to be dealt with. The "repression of crime," in its widest sense, might include a very extensive field, but our peculiar investigations are confined to questions which arise only where crimes are likely to be committed. The means hitherto chiefly applied are primitive laws-relying on the deterrent effect of punishment and the education of criminals with a view to their reformation. This latter object is now regarded as all important; but a century-nay, half a century ago-it was scarcely thought of, except as a field for the exereise of private benevolence, and was generally regarded as wholly outside the province the prevention of crime was rested on two of the State. Among the nations of antiquity, broad devices incapacitating the criminal from doing mischief, by consigning him to death or banishment, or else, in cases not requiring so severe a remedy, the deterrent effect of punishment. The Romans-the only civilised people appreciable influence on the formation of the laws of modern nations-had not before them the same problem as we have. The equivalent for the classes which supply our criminals were with them found principally among their slaves, citizenship, in whom their criminal code scarcely or subjects not enjoying the privileges of recognised any claim to justice. In the codes of medieval Europe we cannot, of course, expect to find any philosophic regard to principle; they naturally rested on the same dominant and obvious ideas which, through more modern and civilized ages, long continued to be the basis of the laws of punishment. The deterrent element of punishment applied to a criminal, besides preventing him from repeating his offence by making him feel pain as making the punishment what is called "exemits consequence, aims at preventing others by plary." The well known answer of a judge to a prisoner, who said it was hard a man should lose his life for stealing a horse, “you do not suffer because you stole a horse, but in order that horses inay not be stolen," illustrates an idea once universally adopted, but on which modern opinion is much divided. Has society morally any right to make a victim of a criminal; to inflict pain on one man, in order by the exhibinot the right to inflict pain on any individual tion of his suffering to improve another? limited by his own demerits? And is this quality of "exemplarity" of the practical value commonly supposed? How little the fear of the most terrible of sufferings, death, influences human action or enables men to resist even ordinary temptations? Life is hourly risked for death in dangerous occupations are daily disremere pleasure, and simple precautions to avoid garded. Attempts to increase the exemplarity of punishment, by surrounding it with horrors, are now generally condemned. They were once used on a vast scale, and are still the characteristic of semi-barbarous laws. Crucifixion, the well-known punishment of slaves among the Romans, was applied by them with an appalling grandeur of ferocity, characteristic of their energy. In Sicily, after one servile outbreak, it is said 20,000 ghastly corpses upon crosses rotted along the high roads together. The Chinese, among moderns, are pre-eminent for the external terrors of their punishments. With both nations the result seems only passive indifference to suffering. Spectacles of human torture produce in most men but a transient nervous terror, in some even becomes a horrid source of tragic Is |