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The war had made it necessary for the members in their practice to acquaint themselves with unfamiliar branches of the law. The moratorium and other kindred Acts were enumerated in the committee's report, and attention was also drawn in that report to the proclamation relating to trading with the enemy. It was of course illegal by the common law to trade with the enemy, but it was often difficult to advise with certainty whether a particular transaction contravened this law or not. A merchant might consult them about a contract to sell goods to the inhabitant of a neutral country, when there was ground for suspecting that the goods were intended to be sent forward into an enemy country, or it might be that a client owed money for goods supplied by some firm or company established in this country, the members of which bore alien names. Each case, of course, would have to be judged upon its merits, but lawyers were traditionally a patriotic folk, and it would be well in advising on these cases to bear in mind the rule, that when the State was at war every citizen was at war.

This brought him to a semi-legal subject which appeared to him to be of supreme importance, namely, in the event-which God forefend-of the Germans succeeding in throwing an army into England, what was the duty and what were the rights of the civilian population? The law upon the subject was stated in the text-books of international law; and if he had had occasion to discuss this subject a year ago he would doubtless have quoted these text-books, but three months of war had taught us that the old principles of the laws of nations were not respected by the Germans; and, therefore, to cite the statements contained in the text-books would be more likely to do harm than good. It seemed to him that what was required was not a mere statement of the law, but a statement of policy by the Government of this country. If our country were invaded, were the civilians to rise against the invaders and kill and injure them in every way which they could, or, on the other hand, were they to observe a strictly neutral attitude, and greet the invading army with courtesy and respect? It was to his mind of supreme importance that the people should be told plainly and explicitly by the Government what course they were expected to take. It was conceivable that a general rising of the whole population against an invading army might cause to the enemy considerablə damage, although, of course, it would be at immense cost to the people themselves. But if the thing was done at all, it should be done universally; for the experience of Belgium had shown that for a few individuals to attack the enemy did practically no good from a military point of view to the defending forces, while at the same time it brought terrible disasters upon the whole civilian population of the neighbourhood.

On the motion of Mr, J. J. Booth, seconded by Mr. F. C. Watkinson, a vote of thanks was passed to the president, secretaries, treasurer, committee, and auditors for their services during the past year.

Mr. Owen was unanimously re-elected president on the proposal of Mr. J. Walker, seconded by Mr. J. H. Fletcher. Other elections were: Vice-president, Mr. Thomas Ward (re-elected); hon. treasurer, Mr. A. B. Hirst (re-elected); hon. secretaries, Messrs. P. G. Norton and H. Barnicot; ordinary members of the committee, Messrs. J. J. Booth, J. H. Field, A. E. T. Hinchcliffe, J. D. E. Smith, John Sykes, J. H. Turner, J. Walker, F. C. Watkinson, and W. L. Wilmhurst; auditors, Messrs. F. Leonard and T. E. Jackson (re-elected).

Mr. W. L. Wilmshurst proposed that His Honour Judge J.W. McCarthy be elected an honorary member of the society. This was seconded by Mr. J. D. Eaton Smith and passed.


A MEETING was held on Monday, the 2nd inst., at 3, King's Bench-walk, Temple, E.C. Mr. Thomas Hynes moved: "That the case of Morison v. London County and Westminster Bank Limited (111 L. T. Rep. 114; (1914) 3 K. B. 356) was wrongly decided." Mr. N. H. Aaron opposed. The following gentlemen also spoke: Messrs. C. R. Morden, C. P. Blackwell, and E. S. Cox-Sinclair. The motion was lost by five votes.

PROMOTIONS AND APPOINTMENTS. Information intended for publication under the above heading should reach us not later than Thursday morning in each week, as publication is otherwise delayed.

Mr. JOHN LIVINGSTONE WOOD, solicitor, of the firm of Southall and Co., Worcester, has been appointed Clerk and Solicitor to the Severn Commissioners in the place of the late Mr. Thomas Southall. Mr. Wood was admitted in 1879.

Mr. JOHN PERCIVAL WARD, a member of the firm of Toulmin, Ward, and Co, of 41, North John-street, Liverpool, has been appointed a Commissioner for Oaths, He was admitted in



fo SECRETARIES.-Reports of meetings should reach the office not later than first post Thursday morning to ensure insertion in the current number.


PRELIMINARY EXAMINATION.-OCTOBER 1914. THE following candidates (whose names are in alphabetical order) were successful at the Preliminary Examination held on the 14th and 15th Oct. 1914:-

Arnh lz, Ronald Henry P.
(la k, Alan Edwin Ne.ham
Clark, Frank Nelham
Clayton, Leonard
Evans, Richard
Firth, Harold Whitely
Gray, Wilfrid Ronald
Bolden, John Bewick
Hutchinson, Alan Edward

Ingbam, P. acival Arthur
Jervoise, Reginald C. W.
Johnson. Ernest Roger
Leach, Edmund
Lewis Manning, Robert H.
Matthews, Sydney Edgar
Mehta, Bapalal Dahyabhai
Ogden, George Herbert
Pain, Edward Thomas
Number of candidates, 47; passed, 27.

Rees, David Edmunds
Rhodes, Fred
Shaw, Gerald Alan Santor
Swan, Lyle Brisbane
Thatcher, Alan Frank B.
Ward, William Wray
Wardle, John

Wilson, John Alan
Winterbottom, Benskin T.

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UNIVERSITY OF LONDON, INTER COLLEGIATE LAW STUDENTS' SOCIETY.-At a meeting held on Tuesday, at University College (Mr. R. F. Levy in the chair), the subject for debate was, "That Judgment be given to the Plaintiff in the following circumstances: Canon Creed, a distinguished cleric, runs with his boat during the Eights, and is photographed by Snapper, without his knowledge, while in the act of brandishing a rattle. Snapper sells the negative to Harmson, the proprietor of an anti-clerical paper. A reproduction of the portrait is published with the legend, A dignitary of the Church.' Canon Creed claims damages and an injunction." Mr. E. M. Duke opened in the affirmative, and Mr. H. P. Wells in the negative. The following members also spoke: Messrs. G. R. Blake, F. Bradbury, P. A. Wood, O. W. Godwin, and R. H. Gregorowski. The leaders having replied, the Chairman summed up, and on the motion being put to the meeting it was carried by six votes to four.

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2. WORKMEN'S COMPENSATION - AUSTRIAN EMPLOYER LIABILITY. I shall be glad of the opinion of your readers on the following point upon which I have been asked to advise. In June of this year an accident happened to B., an Austrian subject employed by my clients, British subjects, in their works in this country. His employers entered into an agreement (registered) with him for weekly compensation under the Workmen's Compensation Act upon the usual terms. After the outbreak of war with Austria, B. remained quietly at his abode and made no attempt to leave England or in any way to assist his native country. In October B. was arrested and interned as an alien enemy. Weekly compensation was paid him up to the week before arrest. Is B. entitled to weekly compensation (1) whilst


state of war continues between this country and Austria; (2) whilst interned as a prisoner of war? DUNELMIAN.


(Q. 37.) MORATORIUM-MORTGAGE.-Mortgage principal and interest which fell due defore the 4th Oct. last were "morated" till that date, or till a month after due date, whichever was the latest. If interest was still in arrear three days after the date to which it was so morated, the principal immediately ceased to be morated by virtue of the proviso to the proclamation of the 30th Sept. last. If, however, no interest was so in arrear, the principal was further morated till the 4th Nov. last. The notice to pay off appears to have been served on the 15th June last, and (assuming that the principal fell due before such service) the mortgagor was in default under the notice from the 15th June to the 4th Aug. last, but I am inclined to think that, in the light of subsequent legislation, that period would not be held to be included in the statutory three months' default. If I am correct in this, the notice will not mature until the day three months after the date (determined as above, to which the principal was morated-a day which cannot be earlier than the 7th Jan. or later than the 4th Feb. next. If, at maturity of the notice, the Courts (Emergency Powers) Act 1914 is still law, the mortgagee (unless in possession) cannot, I think, sell without leave of the court, though such leave does not appear to be a condition precedent to the appointment of a receiver. I know of nothing to prevent the mortgagee from suing the mortgagor on the covenant for payment at any time after the date to which the principal was morated as above.


The notice calling in the mortgage will not start "running again" after the expiration of the moratorium, neither will it be necessary to serve the mortgagor with a fresh notice. As such notice expired on the 15th Sept., payment of the amount due under the mortgage will, by virtue of the proclamations of the 6th Aug. and the 3rd Sept, be suspended until the 5th Nov. Before the mortgagee, however, can realise his security, he must apply to the court under sect. 1 (b) of the Courts (Emergency Powers) Act 1914 and the rules made thereunder: (see rule 4 of the rules dated the 17th Sept. 1914). Assuming the mortgage contains the usual covenant to pay in six months' time, the mortgagee can sue on his covenant on the 5th Nov. An action on the covenant lies immediately after default in payment on the day appointed. W. J. HOLBROOK,

Mastership in Lunacy, vacated by the late Sir Francis Maclean on becoming Chief Justice of Bengal.

Mr. WILLIAM CHARLES BISs, barrister-at-law, died on the 1st inst., aged sixty-two. Mr. Biss was called by Lincoln's-inn in 1875 and joined the Western Circuit. In 1877 he joined the reporting staff of the LAW TIMES, acting in the Chancery Division in Mr. Justice Fry's court. In 1882 he went to the Court of Appeal, ard only last year to the House of Lords and Privy Council.

Mr. WILLIAM JAMES NOBLE, K.C., Recorder of Newark, died on the 1st inst. in London, following an operation, in his sixtieth year. Mr. Noble was called by the Inner Temple in 1882, and took silk in 1905.

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The Right Hon. ARTHUR COHEN, K.C., died on Tuesday at his residence in Great Cumberland-place, aged eighty-three. Mr Cohen was the son of Benjamin Cohen, a member of a distinguished Jewish family. He was educated at University College. London, matriculated at Magdalene, and graduated as Fifth Wrangler in 1853, and for many years was an honorary Fellow. He was called by the Inner Temple in Nov. 1857. He was junior counsel to Sir Roundell Palmer at the Geneva Arbitration on the Alabama claims in 1872, and took silk in 1874 and soon rose to substantial practice within the Bar, and frequently appeared both in the Privy Council and the House of Lords. In 1879 he became counsel to the University of Cambridge, and in 1880 he was returned for Southwark, but retired from Parliament in 1888. Soon after his first election he was offered a judgeship by Lord Selborne, which he declined. He was counsel in the Venezuela Arbitration at The Hague, Judge of the Cinque Ports, a member of the Royal Commissions on Unseaworthy Ships and on Trades Unions, chairman of the Royal Commission on Shipping Rings, a member of the Senate of the University of London, and a member of the British Academy. He was created a Privy Councillor in 1905.

Mr. THOMAS HALHED FISCHER, K.C, the Senior Master in Lunacy, the senior King's Counsel, and (with the exception only of the King and Sir Edward Fry) the Senior Bencher of Lincoln's-inn, died on the 1st inst. at Bedford Park, aged eightyfour. Mr. Fischer was the second son of Capt. Thomas Fischer, HE.ICS., and was educated at Merchant Taylors' School. He was called by Lincoln's-inn in 1851, and soon acquired a considerable practice. In 1872 Lord Hatherley, then Lord Chancellor, who had long been one of his personal friends, appointed him one of Her Majesty's Counsel. He became a Bencher of his Inn in 1872, and after being, in 1882, an Examiner to the Inns of Court in the Law of Real and Personal Property, he was chosen, in 1883, as their Professor of Equity in succession to the late Mr. A. S Eddis. In 1896 he received the appointment of a



GAZETTE, Oct. 30.

To surrender at the High Court of Justice, in Bankruptcy. CSBORNE, HERBERT COVENTRY BASSET, late Nevern-sq, Kensington, captain in the Empire Battalion, Royal Fusiliers. Oct. 27.

To surrender at their respective District Courts.
BLENKINSOPP, THOMAS BRACK, Newbottle, joiner. Ct. Durham. Oct. 27,
DEXTER, ALFRED, Knossington, grocer. Ct. Leicester. Oct. 28.
ENGLAND, WILLIAM JOHN, Okehampton, licensed victualler. Ct. Ply-
mouth. Oct. 26.

EVANS, GEORGE HAMBLETT, Castle Bromwich, butcher. Ct. Birmingham.
Oct. 28.

FFELY, JOSEPH, Birmingham, provision merchant. Ct. Birmingham.

Oct. 27.

FARMER. THOMAS, late Blaengarw, fruiterer. Ct. Cardiff. Oct. 27.
GOODWIN, HERBERT (trading 14 the St. Botolphs Cycle Company'
Colchester, cycle agent. Ct. Colchester. Oct. 27.
HARGREAVES, ALFRED WILLIAM, Read, butcher. Ct. Burnley. Cet. 27.
Hoad). Detling, lime burners. Ct. Maidstone. Oct. 26.
JONES, JOHN, late Holt, tailor. Ct. Wrexham and Llangolen. Oct. 28,
LOCK, HERBERT WILLIAM, Leverington, fruit grower. Ct. King's Lynn.
Oct. 26.

PAWSON, GEORGE HERBERT, Patrington, butcher. Ct. Kingston-upon-Hull.
Oct. 27,

RANSON, JOHN, Ringwood, baker. Ct. Salisbury. Oct. 27.
STREDWICK, FANNY KATE, late Selme-ton, farmer. Ct. Lewes and East-
bourne. Oct. 28.

STEVENS, REGINALD, Sheffield, commercial traveller. Ct. Sheffield.

Oct 28.

SIMM, THOMAS, Swansea, metal merchant. Ct. Swansea. Oct. 28.
SMITH, WILLIAM JOHN, Bristol, tailor. Ct. Bristol. Oct. 26.
WRAGG, DAVID DAVY, Dronfield, cutlery manufacturer. Ct. Chesterfield.
Oct. 27.

WOOD, GEORGE; WOOD. SAMUEL; and WOOD, HARRY (trading as Georga
Wood and Sons), Oldbury, brick manufacturers. Ct. West Brom
wich. Oct. 26.

WALKER, JOHN, Bolton, botanical brewer. Ct. Bolton. Oct. 26.

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GARNER, WILLIAM, Leicester, corn merchant. Ct. Leicester. Oct. 29. KERSHAW, JOHN (trading as John Kershaw and Co.), Droylsden, cotton doubler. Ct, Ashton-under-Lyne. Oct. 31.

LANTAFF, SAMUEL, and BRAWN, ARTHUR JAMES, Rushden, carriers.
Northampton. Oct. 29.


LOWES, WILLIAM JOHN, Sedgefield, drug store proprietor. Ct. Stocktonon-Tees. Oct. 28.

READ, FREDERICK, Amersham, hotel keeper. Ct. Aylesbury. Oct. 30.
READING, ALFRED, Southsea, coach builder. Ct. Portsmouth. Oct. 30.
SOOTHILL, HARRY, Bradford, grocer. Ct. Bradford. Oct. 29.
STEINBERG, ARTHUR, Manchester, dealer in works of art. Ct. Manchester.
Oct. 30.
Toy, H. A. (male), Birmingham, butcher. Ct. Birmingham. Oct. 29.
WARDELL, MATTHEW PEARSON, Scarborough, butcher. Ct. Scarborough.
Nov. 2.

Ct. Plymouth.

TRANT, RICHARD BROOKING, jun., Menheniot, farmer.
Oct. 22.


BLENKINSOPP, THOMAS BRACK, Newbottle, joiner. Ct. Durham. Oct. 27.
Ct. Leicester. Oct. 28.
DEXTER, ALFRED, Knossington, grocer.
Ct. Birmingham.
EVANS, GEORGE HAMBLETT, Castle Bromwich, butcher.
Oct. 28.

ENGLAND, WILLIAM JOHN, Okehampton, licensed victualler.

mouth. Oct. 26.

Ct. Ply

FARMER, THOMAS, late Blaengarw, fruiterer. Ct. Cardiff. Oct. 27.
Ct. Birmingham.
FEELY, JOSEPH, Birmingham, provision merchant.

Oct. 28.

GOODWIN, HERBERT (trading as the St. Botolphs Cycle Company),
Colchester, cycle agent. Ct. Colchester. Oct. 27.

Hoad), Detling, lime burners. Ct. Maidstone. Oct. 26.
HARGREAVES, ALFRED WILLIAM, Read, butcher. Ct. Burnley. Oct. 27.
OSBORNE, HERBERT COVENTRY BASSET, late Nevern-sq, Kensington, captain
in the Empire Battalion, Royal Fusiliers. Oct. 27.

PAWSON, GEORGE HERBERT, Patrington, butcher. Ct. Kingston-upon-Hull.
Oct. 27.
RANSON, JOHN, Ringwood, baker. Ct. Salisbury. Oct. 27.
SMITH, WILLIAM JOHN, Bristol, tailor. Ct. Bristol. Oct. 26.
STEVENS, REGINALD, Sheffield, commercial traveller.
Oct. 28

Ct. Sheffield.

WRAGG, DAVID DAVY, Dronfield, cutlery manufacturer. Ct. Chesterfield. Oct. 27.

WALKER, JOHN, Bolton, botanical brewer. Ct. Bolton. Oct. 26.

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HOPPER, EDWARD, late Moorgate-st, mining engineer. Ct. High Court.
Oct. 29.

LANTAFF, SAMUEL, and BRAWN, ARTHUR JAMES, Rushden, carriers.
Northampton. Oct. 29.

LOCK, HERBERT WILLIAM, Leverington, fruit grower.
Oct. 29.


Ct. King's Lynn.

LOWES. WILLIAM JOHN, Sedgefield, drug store proprietor. Ct. Stocktonon-Tees. Oct. 28.

PARRY, MORGAN, Gwnnws, retired farmer. Ct. Aberystwyth. Oct. 30.
READ, FREDERICK, Amersham, hotel keeper. Ct. Aylesbury. Oct. 30.
ROBERTS, JOHN DAVID, Barton-under-Needwood, cycle agent. Ct. Bur'on-
on-Tront. Oct, 29.

SIMM. THOMAS, Swansea, metal merchant. Ct. Swansea. Oct. 29.
SOOTHILL, HARRY, Bradford, grocer. Ct, Bradford, Oct. 29.

STEINBERG, ARTHUR, Manchester, dealer in works of art. Ct. Manchester.
Oct. 30.

STREDWICK, FANNY KATE, late Selmeston, farmer. Ct. Lewes and Eastbourne. Oct. 31.

TEFF. JACOB, Whitechapel-rd, boot manufacturer.

Oct. 31.

Ct. High Court.

TOY, HERBERT AUSTIN (described in the receiving order as H. A. Toy,
male), Birmingham, butcher. Ct. Birmingham. Oct. 31.
WARDELL, MATTHEW PEARSON, Scarborough, butcher. Ct. Scarborough.
Nov. 2.

WHITE, JOHN GOLDER, and METAXA. EVANGELI PAUL (trading and described in the receiving order as White, Metaxa, and Co.), Clements-la, bill brokers. Ct. High Court. Oct, 29,

WOOD, GEORGE; WOOD. SAMUEL; and WOOD, HARRY (trading as George
Ct. West Bromwich,
Wood and Sons), Oldbury, brick manufacturers.
Oct. 29.

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"The Premier Legal Work of The English-speaking World."

"I willingly bear unsolicited testimony to the excellence of this magnificent work, HALSBURY'S LAWS OF ENGLAND, and to its great value to every lawyer. It is truly The Premier Legal Work of the English-speaking World.' Its system of classification of English Law and its comprehensive Indices are a marvel of thoroughness and convenience to the busy practitioner.

“Having had many years practice, I may say that no other work to which I have had access has been found to be so convenient, reliable, and useful.

"As an Authority it is unexcelled.

"I would not remove it from my library for any reasonable consideration; certainly not for many times its cost, because it saves time and labour, money and cases.'

-From a recent letter.

A complete statement
of the Law.
Supported by the
citation of every living
relevant case.
Kept always up-to-date.


The English and
Empire Digest.


To Readers and Correspondents.

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Portfolios for preserving the current numbers of the LAW TIMES, price
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less than 30 words in One page body type Each additional line 3 6 Half page 6 One column Advertisements ordered for a series of three insertions are charged 10 per cent. under scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 1s, per line, minimum 5s. No series discount Advertisers whose reference is under initials to this office, should remit Ed additional to defray postage in transmitting replies to their Adver


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Vol. 133.-No. 3737.

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v. Сом


Revenue Business carried on in
foreign country
STONE.- Monylender - Advance
and repayment of money...
Highway-Extraordinary traffic... 429

Will - Bequest to charitable
institution-Change of address

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TOPICS AND LEADING Contracts and War, VIII-Gifts to Executors Decisions of the




Judicial Year

YET REPORTED...............................................

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Council of Legal Education:
Results, Michaelmas Examination
- Students' Societies..............

Mr. Henry




Thoby Prinsep Mr. William
Carter Mr. Ivor Evans - Mr.
Samuel Thomas Nicholls - Mr.
Conrad Fitch Mr. Thomas
COURT PAPERS.-Rota of Registrars 49
THE GAZETTES.............

Salvage-Compulsory pilot.... 461 BIRTHS, MAREIAGES, and DeathS

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The Law and the Lawyers.

The King's Speech and the Censorship.


Ir is made clear by His Majesty's speech at the opening of Parliament that, apart from the necessary financial provision, the duties of both Houses for the present will be confined to such legislation as is demanded by the war for the attainment of the great purpose upon which the efforts of the Empire are set." For the next few days, however, several important matters will be discussed on the address in reply, and we shall be curious to see what justification can be urged for the way in which the censorship has been conducted. No one desires the publication of details, military or naval, likely to assist the enemy or to hinder the allies, but the extraordinary lack of any details from our own Press Bureau with reference to our fighting forces can in no sense be justified, and the sole sources of any official information are the communiqués issued in Paris.


THE fate of the spy Lody after trial by courtmartial seems to show that at last our authorities are waking up to the fact that prosecutions under the Official Secrets Acts are scarcely a suitable way for dealing with spies and others who commit hostile acts in civilian garb in time of war. No other country in the world when fighting for its existence would consider that a term of imprisonment is an appropriate sentence for offences which, according to the laws of war, are capital. But one treatment should be meted out to those who wage war save in the open and orthodox


The Courts and Alien Enemies.


IN Robinson v. Continenta. Insurance Company of Mannheim (137 L. T. Jour. 565) Mr. Justice BAILHACHE held that an alien enemy should be allowed to appear and conduct his defence when sued in this contry, for, as he pointed out, to deny a defendant such right would be opposed to the fundamental principle of justice. A similar question arose before Sir S. T. EVANS in a prize case-the Mowe (post, p. 43)— and in his considered judgment he deals with the right of an alien enemy to appear as a claimant in an English Prize Court. As in times of peace our tribunals are appealed to by persons of all nationalities, it is equally imperative that their reputation for fairness and impartiality should be upheld even in time of war, and, to use the words of the President, show that they hold evenly the scales between friend, neutral, and foe. It is therefore right and fitting that, although in a sense the alien enemy before a Prize Court is a claimant, whenever an alien enemy conceives that he is entitled to any protection, privilege, or relief under any of the Hague Conventions of 1907, he should be entitled to appear and argue his claim, Any other decision would have. been impossible for a court of justice, for, as Mr. Justice BAILHACHE said, no state of war could demand or justify the condemnation by a civil court of a man unheard


As intimated in our last article, we intended to conclude this series with the present article. In view, however, of the numerous suggestions and supplications from correspondents to deal with further points in connection with our subject, we think we ought to defer our conclusion for another week. This will give us an opportunity of disposing of such of the points raised by our correspondents as are of general interest to our readers.

Although the wide scope of these articles embraces a consideration of contractual relationship between British subjects, this series of articles deals mainly with the effect of war on contracts made between British subjects on the one hand and aliens on the other hand. We have dealt with the whole subject from the point of view of English law. We have pointed out where and when parties may sue in English courts on contracts made with alien enemies. But it does not follow that because a contract is made between an Englishman and a German the parties must necessarily have recourse to English law and to the English courts of justice. Broadly speaking, however, where the aid of the English courts is invoked, it is English law that governs the rights of the parties. We do not, of course, profess to deal with laws other than those of this country.

As a general rule, the effect of a contract and the rights, duties, and obligations of all parties under it are controlled and defined by the law of the country which the parties to the contract intend to be applicable to the contract. It really lies with the parties to choose which country's laws are to govern the rights of the parties. Where there is no express agreement as regards this matter, the question depends on the presumed intention of the parties. The presumed intention of the parties is ascertained by means of divers presumptions on the subject. "The general rule," said Lord Justice Turner in the case of Peninsular and Oriental Steamship Company v. Shand (1865, 3 Moo. P. C. C. N. S. 272, at p. 290), "is that the law of the country where a contract is made governs as to the nature of the obligation and the interpretation of it." This, at any rate, is the primâ facie rule. But a contract made in Germany, for instance, may be governed by English law if the contract is to be wholly performed in England. It has been held in our courts that preference ought to be given, where there are no countervailing circumstances, to the law of the country with which the transaction has the most real connection: (see South Africa Breweries Limited v. King, 81 L. T. Rep. 76; (1899) 2 Ch. 173).

Turning now to another point, it ought perhaps to be pointed out that throughout the articles of this series we have assumed that the contract contains no express terms dealing with the contingency of war. All contracts are necessarily governed by the particular terms. Consequently the rights of the parties, as well as their liabilities under the contract, must depend on the provisions of the contract itself, and, if the contract in fact provides for the contingency of war and defines the respective rights and liabilities in the event of the outbreak of war, those express terms will prima facie govern and control the position between the parties.

The express provisions of a contract, however, cannot give rights or impose liabilities in respect of an unlawful act contemplated by the contract. It is not competent, for instance, for parties to contract themselves out of the obligation on every subject to observe the law of this country against trading with the enemy. The act of trading with an enemy is, as we have explained, a misdemeanour and is punishable as such. "No court," said Lord Lindley in the case of Scott v. Brown, Doering, McNabe, and Co. (67 L. T. Rep. 782; (1892) 2 Q. B. 724, at p. 728), ought to enforce an illegal contract, or allow itself to be made the instrument of enforcing obligations alleged to arise out of a contract or transaction which is illegal, if the illegality is duly brought to the notice of the court, and if the person invoking the aid of the court is himself implicated in the illegality. It matters not whether the defendant has pleaded the illegality or whether he has not. If the evidence adduced by the plaintiff proves the illegality, the court ought not to assist him."

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The defendant might even set up the illegality of his own act, if he were sued on a contract purporting to bind him to defy the law against trading with the enemy. “The objection," said Lord Mansfield in the case of Holman v. Johnson (1775, 1 Cowp. 341), "that a contract is illegal as between the plaintiff and defendant sounds at all times very ill in the mouth of the defendant. Is is not for his sake, however, that the objection is ever allowed; but it is founded in general principles of policy, which the defendant has the advantage of, contrary to the real justice, as between him and the plaintiff, by accident, if I may so say. The principle of public policy is this: ex dolo malo non oritur actio ̧ No court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or otherwise, the cause of action appears to arise ex turpi causa, or the transgression of a positive law of this country, there the court says he has no right to be assisted. It is upon this ground the court goes; not for the sake of the defendant, but because they will not lend their aid to such a plaintiff. So if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio defendentis." In order, however, to allow a person to escape from the consequences of a contract which he ought never to have entered into, as involving an infringement of the law against trading with the enemy, it must be quite clear that the contract could only be performed by infringing that law. A clear distinction must be preserved between a contract which would necessarily infringe the law against trading with the enemy, and a contract which might possibly be performed without violating the law. In the latter case it would appear that it is necessary to show that there was an intention to perform the contract in an illegal manner, in order to allow the party to escape. These propositions are supported by Lord Blackburn's statement in Waugh v. Morris (28 L. T Rep. 265; L. Rep. 8 Q. B. 202, at p. 208) : We quite agree," said his Lordship, delivering the judgment of the Court of Queen's Bench, "that, where a contract is to do a thing which cannot be performed without a violation of the law, it is void, whether the parties knew the law or not. But we think that, in order to avoid a contract which can be legally performed, on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law, and, if this be so, the knowledge of what the law is becomes of great importance."

How far the fiction that every man is presumed to know the law would apply in such a case it is difficult to say. But it would

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