HARLEY, HARRY H., Piccadilly. Aug. 25. st, Spitalfields, wholesale rag merchant. Aug. 26. Aug. 24. Aug. 24. To surrender at their respective District Courts. Aug. 25. Back, John. Dartmouth, builder. Ct. Plymouth. Aug. 24. COLLIN, GEORGE (trading as G. Collin and Co.), Leicester, coal merchant. Ct. Leicester. Aug. 25. EVANS, RICHARD, Kerry, labourer. Ct. Newtown. Aug. 26. FLETCHER, REGINALD, Pinner. Ct. St. Albans. Aug. 23 GOOD, GEORGE, Kingston-upon-Hull, builder Ct. Kingston-upon-Hull. Aug. 25. HAMILTON, ELIZABETH BAIRD (trading as Allan Hamilton and Sons), Bristol, artist, widow. Ct. Bristol. Aug. 26. Hall, JOHN WILLIAM. Bury St. Edmunds, commission agent. Ct. Bury St. Edmunds. Aug. 25. HARRIS, Thomas, late Vaynor, licensed victualler. Ct. Merthyr Tydfil. Aug. 26. Aug. 25. RECEIVING ORDER RESCINDED. GAZETTE, AUG. 25. ALFRED (L. and S. Hingley and Sons), Wordsley, glass manufacturers. Good, GEORGE, Kingston-upon-Hull, builder, Ct Kingston-upon-Hull. Aug. 25. Hodgson, REGINALD DRURY, late Curzon-st, underwriter. Ct. High Court. Aug. 24. HAMILTON, ELIZABETH BAIRD (trading as Allan Hamilton and Sons), Bristol, artist, widow. Ct. Bristol. Aug. 26. Hall. JOHN WILLIAM, Bury St. Edmunds, commission agent. Ct. Bury St. Edmunds. Aug. 25. HARRIS, THOMAS, late Vaynor, licensed victualler. Ct. Merthyr Tydfil. Aug. 26. LEONHARDT, ERNST RUDOLPH (described in the receiving order as Rudolph Leonhardt, trading as R. L. Hart), Leicester, manufacturer of photo graphic materials. Ct. Leicester. Aug. 24. RaE, JOHN KIPPEN, Nottingham, plumber. Ct. Nottingham. Aug. 25, SMALL, EDWARD, late Douglas-rd, Willesden-la, cabdriver. Ct. High Court. Aug. 24. SCRASE, ALFRED PRETTY, late Burgess Hill. Ct. Brighton. Aug. 24. STEWARD, EDWARD HARDING, Brighton, late of the Royal Engineers. Ct. Brighton. Aug. 24. TAYLOR, RICHARD, Manchester, wheelwright. Ct. Manchester, Aug. 24. TYERMAN, GEORGE, Thorpe, blacksmith. Ct. Stockton-on-Tees. Aug. 25. THOMPSON, OLIVER, Knottingley, shipbuilder. Ct. Wakefield. Aug. 24. VANDERLINDE, SOLOMON HENRY, Grosvenor-rd, Canonbury, meat salesman. Ct. High Court. Aug. 25. VAN MINDEN, RAPHAEL (otherwise Ralph Albert Minden), late Nantwich, cinematograph show proprietor. Ct. Nantwich and Crewe. Aug. 24. WILSON, JAMES, late Glasgow, coal exporter. Ct. High Court. Aug. 25, WOZENCROFT, GEORGE, Birmingham, fish dealer. Ct. Birmingham. Aug. 24. WARE, ARTHUR JOHN, Plumstead, builder. Ct. Greenwich. Aug. 23. Wood, H. L., Halifax, stockbroker. Ct. Halifax. Aug. 26. YOUNG, NATHAN John. Caldecote, market gardener. Ct. Bedford. Aug. 24. BIRTHS, MARRIAGES, AND DEATHS BIRTHS. RANKIN.-On the 23rd ult., at 46, FitzJames-av, W., the wife of G. C. Rankin, Barrister-at-law, of a daughter. WALDO.-On the 24th_ult., at 40, Lansdowne-rd. Holland Park, W., the wife of Frederick Joseph Waldo, M.D., Barrister-at-law, of a daughter. Wild.-On the 23rd_ult.. at 143, Muswell-av, Muswell Hill, N., to Mr. and Mrs. A. F. V. Wild, a son. MARRIAGE. PATRICK-MOORE.-On the 17th ult., at Finvoy Parish Church, Norman Colum Patrick, do Nina Mary Adelaide, only daughter of Wm. Moore, K.C., D.L., M.P., of Moore Lodge, co. Antrim. DEATHS. BURBURY.--On_the 18th ult., at_15, Melbury-rd, Kensington, Samuel Hawksley Burbury, M.A., F.R.S., Barrister-at-law. WILLIS.--On the 22nd ult., at 18, Belmont Park, Lee, Kent, His Honour Judge William Willis, K.C., in his seventy-seventh year. LIFE INTERESTS AND REVERSIONS (Absolute or Contingent) PURCHASED. Good prices given for approved Securities. ADJUDICATIONS. GAZETTE, AUG. 25. BARBER, HUBERT CORNELIUS, Pagham, grocer. Ct. Brighton. Aug. 21. BASKETT, GEORGE HENRY, Dorchester, coal merchant. Ct. Dorchester. Aug. 22. BENDING, MARK, Cadeleigh, farmer. Ct. Exeter. Aug. 19. BOWDEN, ARTHUR EDWARD, Cullompton, saddler. Ct. Exeter. Aug. 22. ΕΛΤΟΝ, SAMUEL GEORGE, Godalming, stationer. Ct. Guildford and Godalming. Aug. 19. BELLAMY, PERCY RICHARD, Thornton-le-Fylde, farmer. Ct. Preston. Aug. 23. CHALLINGSWORTH, WILLIAM (trading as Challingsworth and Co.), Bir mingham, brassfounder. Ct. Birmingham. Aug. 22. COLLEY, FRED, Kingston-upon-Hüll, fish dealer. Ct. Kingston-upon-Hull. Aug. 23. Dixon, John, Great Grimsby, late confectioner. Ct. Great Grimsby. Aug. 19. HIGHAM, Percy JOSEPH, Fulham-rd, Fulham, bogier. Ct. High Court. Aug. 23. HERRING, CHARLES EDWARD, Stubton, farmer. Ct. Nottingham. Aug. 22. HENNINGS, EDWIN HENRY, Studley, farmer. Ct. Warwick. Aug. 22. Johnson, FRANK ALEXANDER, late Paternoster-row, sports dealer. Ct. High Court. Aug. 23. JOHNSON, GEORGE THOMAS (trading as G. T. Johnson and Son), Liverpool, sheet iron keg manufacturer. Ct. Liverpool. Aug. 23. MACVEAN, DONALD, Acton Hill, general agent. Ct. Brentford, Aug. 19. MITCHELL, WILLIAM THOMAS, Todmorden, painter. Ct. Burnley. Aug. 22. MARTIN, WILLIAM, late Heathfield, grocer. Ct. Eastbourne and Lewes. Aug. 22. O'SHEA, GERARD HENRY WILLIAM, Grafton-st, Piccadilly. Ct. High Court. Aug. 19. PAWLETT, WILLIAM, Great Grimsby, late general dealer. Ct. Great Grimsby. Aug. 22. Pickering, LEONARD, Sheffield, beerhouse keeper Ct. Sheffield. Aug. 23. PAGE, JESSIE, Gresham, grocer. Ct, Norwich Aug. 22. RUSSELL, ROBERT WILLIAM HUGA (trading as Robert Osborne and Co.), Aldershot, fishmonger. Ct. Guildford and Godalming. Aug. 22. RAMSKIR, THOMAS, Goole, late greengrocer. Ct. Wakefield. Aug. 18. STEPHENSON, WILFRED REGINALD (described in the receiving order as Wilfrid Reginald Stephenson), Threadneedle-st, stockbroker. Ct. High Court. Aug. 19. SwinScor. Joun REGINALD, Sheffield, solcitor. Ct. Sheffield. Aug. 22. Thomas, John ALMA, Port Talbot, tobacconist. Ct. Neath and Aberavon. Aug. 22. WAITE, PercivAL KIRBY, East Twickenham, commission .agent. Ct. Brentford. Aug. 23. WHETSTONE, HERBERT BAKEWELL, Ilketshall Saint Lawrance, director of a public company. Ct. Great Yarmouth. Aug. 21. WILMOT, LAWRENCE COATES (late trading as Wilmot and Cook), Kingston upon-Hull, tailor. Ct. Kingston-upon-Hull. Aug, 21. WALKE, RICHARD, Plymouth, baker. Ct. Plymouth. Aug. 22. GAZETTE, AUG. 29. AXTOINE, GUSTAVE, London-wall. Ct. High Court. Aug. 21. ASHBURNER, Robert WILLIAM, Ulverston, solicitor. Ct. Barrow-in-Furness and Ulverston. Aug. 25. BATES. CHARLES WILLIAM, Birmingham, silversmith. Ct, Birmingham. Aug. 25. BARTON, JAMES (trading as Barton. Lees. and Co., and Lees and Co.), Liverpool, solicitor. Ct. Liverpool. Aug. 26. Back, Joux, Dartmouth. builder. Ct. Plymouth. Aug. 24. Bill, GEORGE OLIVER, Manchester, fancy goods agent. Ct. Salford. Aug. 26. COLLIN, GEORGE (trading as G. Collin and Co.), Leicester, coal merchant. Ct. Leicester. Aug. 25. CLARKE, GEORGE WILLIAM, late Liverpool, managing director of a limited company. Ct. Liverpool. Aug. 25, Evans, RICHARD, Kerry, labourer. Ct. Newtown. Aug. 26. FELDON. GEORGE, Upper-marsh. Lambeth, box manufacturer. Ct. High Court. Aug. 24. Fix, JOHN EDWARD. Cherry Garden-st, Bermondsey, baker. Ct. High Court. Aug. 22. GEACH, GEORGE, Arundel-st, Strand, company promoter. Ct, High Court. Aug. 24. GUEST, STANLEY. late Whitwell-rd. Plaistow, publican's manager Ct. High Court. Aug. 26, LOANS GRANTED Upon Security of Life Interests, Reversions, &c: MORTGAGES Upon first-class properties considered. BOBINESS CARRIED THROUGH WITHOUT DELAY. Proposal Porms or Application Assets ; £8,500,000. STAR LIFE ASSURANCE SOCIETY, 32, Moorgate Street, E.O. J. DOUGLAS WATSON, F.I.A., Manager and Actuary CONTENTS. Table of Contents of two more Titles contained in Volame XVII. now Ready. INDUSTRIAL PROVIDENT, and SIMILAR REPORTS. WILLIAXS v. EVANS AND ANOTHER. – Will-Probate-Action for revoca tion-Knowledge of facts-Estoppel SUPREME COURT OF JUDIOATUBI. -Lachey..... 79 DIVOROE BUSINESS. QUARTERMAINE 0. QUARTERMAINE Re PRYOE: LAWFORD V. PRYOR.-- 1 AND GLENISTER. -- Divorce-Decree Conflict of laws-Power of appoint nisi-Condonation - Reronciliation ment - Exercise of, by will or of petitioner and respondent 80 domiciled Dutchwoman 61 GILMOUR v. DORMAN, LONG, AND 00. LIMITED.-Employer and workman -Injury by ccident...... 84 LEADING ARTICLES, &c. HARDING v. BRYNDDU COLLIERY CONPANY LIMITED. Employer and workman Death caused by TO READERS AND CORRESPONDENTS... 4!1 accident-Compensation 55 LEADING ARTIOL 88. --Topics of the Week-Noteworthy Decisions of HIGH COURT OF JUSTIOR. the Judicial Year- Increase of OLANOEBY DIVISION Rates and Oharges by Railway Re THOMAS; BARTLEY V. THOMAS. Uompanion—" Opening the Com 1 Administration Practice mission" ...................................... 411 Common judgment in creditor's IRISH NOTEB 415 administration action 59 OOMMENTS ON CAS 8.. .****.****.***... 416 KING'S BENOH DIVISION. THE CONVEYANCER............................ 4 17 419 PRATT (app) v. MABTIN (resp.). LAW LIBRARY .................................. 121 Game-Trespass in pursuit of - PABLIAMENTAR SUMMARY The Sending dog on to another's land ... Late Judge Willis in the House of EARL or MOUNT EDGCUMBE (app.) Commons 421 COMMISSIONERS or INLAND) COUNTY DOUBT8.-Sittings of the REVENUE (resps.). Revenue Courts.... 421 Stamp duty-Leaso C2 GENERAL INTELLIGENCE. The REX o. GOVERNOR OF BRIXTON Lawyers of Charles Dickens PRIBON : Er parte THOMPSON. The Permanent Court at the Hague Extradition-Requisition for sur -Appointments under the Joint render-Validity 66 Stock Winding-up Acts-Creditors HILL (on behalf of the Department of under Estates in Chancery-CrediAgriculture and Technical lostruc tore under 22 & 28 Vict. c. 35 421 tion for Ireland) (app.) v. PUNIX PROMOTIONS AND APPOINTYENTS 426 VETERINARY SUPPLIES LIMITED NOTB8 AND QUERIES (resp.).-Adulteration 73. LAW STUDENTS' JOURNAL_The Law MOSES (app.) 1. RAYWOOD (resp.).- Society 426 Salmon daberieg". Usiog net for LEGAL OBITUARY.- Mr. John Rule catching salmon "-Net in boat...... 76 Daniell-Mr Henry Holland-Burne PROBATE. DIVORCE, AND ADMI Mr. John Moore-Bayley - Mr. Carlton Howard Bramner - Mr. 4.7 PROBATE BUSINESS. Tak COURTS AND JOURT PAPXBs. VON of Justice : Long BRENTANO.--Probate-Two wills Vacation Notice ......... 427 English will of real property situato THE GAZETT K8...... 427 in England.... 78. Birtas, MARRIAGK8, AND DEATHS 428 49: SOCIETIES. ......... By Sir EDWARD W. BRABROOK, C.B., Dir.S.A., late Chief Registrar of Friendly Societies, and CECIL A. HUNT, Esq., M.A., LL.B., Barrister at-Law. II. Registration. V. Property and Funds. ..... 420 INTBRPLEADER. By W. F. A. ARCHIBALD, Esq., a Master of the Supreme Court, King's Bench Division, and R. E. Ross, Esq., LL.B., Barristers-at-Law. II. Interpleader in the High Court. The Law and the Lawyers. 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One page ................................. 10 0 0 than 30 words in body type ... 3 6 Hall page.................................. 6 0 0 Each additional line.... 6 Ono Column 3 10 0 Advertisements ordered for a series of three insertions are charged 10 per cent, ander scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 18. per line, minimum 6s. No series discount. Advertisers whose reference is under initials to this oMce, should remit 6d. additional to defray postago in transmitting replies to their Advertisements. Advertisements must reach the ofico not later than five o'clock on Thursday afternoon and must be accompanied by a remittance, Post-Omco Orders payable to HORACE Cox. Vol. CXXXI. -N0. 3571. It was inevitable that the subject of the recent strike should have formed matter for discussion by the Association of Chambers of Commerce at their sittings in Dublin. The debate was opened in the only possible manner in which a subject of so much importance should be treated. There was in it no touch of bitterness, and no desire to avenge injuries. The speaker, indeed, admitted that there were grievances requiring redress, and was willing that every reasonable opportunity should be afforded for the purpose. Evidence, however, is adducible from many centres to the effect that the irresponsibility with which trade unions are now clothed must be modified in some way. The rules regarding strikes were simply disregarded by the unions, and, in spite of this, they enjoyed a special indulgence as regards common law liabilities. The Liverpool city justices have received and considered special reports as to "peaceful picketing,” and they recommend that this subject should be treated as one outside politics, and that justices all over the country should combine to make a representation to Parliament to amend the existing law. It is in the better interests of the trade union movement itself, as was pointed out by a Dublin speaker, that power and responsibility should not be severed. No community could long exist were there to be repetitions of the scenes so lately enacted, and no statesman, whatever his party politics, could consent to legislation which should bring them about. The resolution passed at Dublin seems to afford some reasonable means for discovering a solution of the problem. It calls for the creation of a Royal Commission to inquire into the working of the Trades Disputes Act 1906. The result would be to show whether in fact the scenes of intimidation and disorder are or are not the direct results of that legislation, and, in the light of past experience, the public would be better able to Second Sheet or or judge as to the necessity for revising the very special favours in recent times had only one Eoglish law officer of the conferred on one section of the community unless the same Crown in the House of Commons. Thus, Sir John (Lord could be made consonant with the peace and prosperity of all Chancellor) CAMPBELL lost his re-election for Dudley on sections. being appointed Attorney-General in 1834, and was for a considerable time-till the June following-without a seat; SINCE the operations of the American trusts have been and Sir HARDINGE GIFFARD (Lord Chancellor HALSBURY), extended to the British Dominions, legislation has become appointed Solicitor-General for England in Nov. 1875, could necessary to limit their powers. One of the latest examples get no seat till March 1877. From the Union in 1800 till is an Act passed by the New Zealand Parliament. It was Lord Normanby's Administration in 1835, the Irish law in 1896 that the activities of the International Harvester officers were not invariably changed with the Government, Trust first led the Parliament to take action, which was and were neither obliged nor expected to enter the House of specifically limited to dealings in agricultural implements. Commons. Their position was non-political-Mr. SAURIN The New Zealand Acts have retained that characteristic, was Attorney-General from 1807 till 1822, and Mr. (Chief which distinguishes them from the Canadian and Australian Justice) BUSHE was Solicitor-General from 1805 till 1822– laws, in applying only to certain goods. The last Act for until they entered Parliament, when they were required to the repression of monopolies in trade or commerce applies to support the Government or to resign, as in the case of Mr. the sale of agricultural implements, coal, meat, fish, flour, (Lord Chancellor) Plunket in 1807. But since 1835 the ) oatmeal, and the other products or by-products of the milling system of having an exclusive party official Bar has preof wheat or oats, petroleum or other mineral oil (including vailed in Ireland, and the law officers of the Crown retire kerosene, naphtha, and the other products or by-products with the Ministry. The Irish law officers must endeavour to of any such oil), sugar, and tobacco (including cigars tobacco (including cigars get a seat in Parliament, though their inability to find a and cigarettes). A commercial trust is defined to be constituency does not not necessitate their resigoation of combination of any number of offic). influencing The Right Hon. Lord Eversley, better known as Mr. the supply or demand or price of any goods in GEORGE John Shaw-LEFEVRE, who has written a very New Zealand or any part thereof or elsewhere, or that of learned letter, which appears in the Times of the 26th ult., (2) creating or maintaining in New Zealand or any part directing attention to the decisions on the 15th July, by the thereof or elsewhere a monopoly, whether complete or House of Lords, affecting fisheries in the river Wye and partial, in the supply or demand of any goods.” It is an Lough Neagh, co. Antrim, and their momentous effect on offence against the Act to make any special concession in the relations between immemorial custom and the law, consideration of dealing only with a particular person or in comes of a legal stock. His grandfather, Mr. CHARLES a particular class of goods. Similarly, a refusal to deal Shaw-LEFEVRE, who was for nearly a quarter of a century except upon disadvantageous or relatively disadvantageous a member of the House of Commons, was a barrister of terms is an offence. The sale of goods at a price fixed by a Lincoln's-inn, who attained considerable eminence in the trust which is unreasonably high is also punished by the practice of his profession. Lord EVERSLEY, who was bred Act. The price of any goods is deemed by the Act to be to the Bar, at which he practised before an appointment in unreasonably high “if it produces or is calculated to pro- the Ministry as Civil Lord of the Admiralty when he was in duce more than a fair and reasonable rate of commercial the early thirties led him to gravitate towards an exclusive profit to the person selling or supplying, or offering to sell devotion to public life, is, like his uncle and his father, & or supply, those goods, or to his principal, or to any com Bencher of the Inner Temple. His uncle, Mr. Charles SHAWmercial trust of which that person or his principal is a LEFEVRE (Viscount EVERSLEY), before he became Speaker of member, or to any member of any such commercial trust.” the House of Commons in 1839, was for twenty years a practisThe punishment for an offence against the Act is a fine of ing barrister of the Inner Temple. His father, Sir John £500. Two or more persons concerned in the same offence Shaw-LEFEVRE, K.C.B., who was Senior Wrangler at are each liable for the amount of the fine, recoverable by an Cambridge, was, before he became Under-Secretary for the action in the Supreme Court, which has power to reduce Colonies when thirty-six, a practising barrister at the Inner the amount and also grant a perpetual injunction against Temple, of which he was a member, and filled the position of the repetition of the offence. Clerk of Parliaments from 1856 till 1875. Viscount of Parliaments found that their legal training served them in RAILWAY COMPANIES. infrequently been without the advantage of the assistance of In view of a Royal Commission having been appointed to inquire Irish law officers of the Crown in Parliament. In the Gladi. into the pay and hours of labour of railway servants, and the promise stone Administration (1868-1874) Mr. (Lord Justice) C. R. of the Government, in the event of the commission advocating ab increase of wages, to introduce legislation allowing the railway Railway companies are empowered by their special Acts to take certain specified tolls for the carriage of goods and persons on their was in Parliament until the session of 1873, when the railway, and for the use of such railway. But a company may not Government was unable to get either of them returned. From at any time demand or take a greator amount of toli, or make a Feb. 1874 until Feb. 1877, under the Disraeli Administration, greater charge for the carriage of passengers or goods, than they are by the Railways Clauses Act 1845, B. °92, and their special Act but one of the two Irish law officers was able to get a authorised to demand. If on demand any person fails to pay the seat in the House of Commons; and in the Gladstone tolla due in respect of any carriage or goods, the company may detain and sell such carriage or all or any part of the goods. The word Rosebery Administration (1892-1895){no Irish law officer was " toll” includes any rate or charge or other payment payable a member of the House of Commons. Administrations have under the special Act” for any passenger, animal, or goods conveyed on the railway. The charges for the conveyance of merchandise and animal traffic are now made under the Rates and Charges Acts of the several railway companies, passed in 1891 and 1892. What determines whether a charge is a rate or a toll is not who provides the carriage or who provides the engine, but who are the carriers : (Watkinson v Wrexham, Mold, and Connah's Quay Railway Company, 3 Rg. & Can. Cas. 5). The toll olauses of a railway company's special Act are controlled by the general clause limiting maximum charges : (Chatterley Iron Company v. North Staffordshire Railway Company, 3 Ry. & Can. Cis. 238). “The charges of railway companies in their character of carriers consist mainly of remuneration for the mere conveyance of goode, and this remuneration includes tolls for the use of the railway, for the use of carriages and wg8gons, and for the supply of locomotive power. The amount of these tolls is fixed by statute, and a maximum rate comprising the several tolls is, with few exceptions, also fixed by statute, and is usually somewhat legs in amount than the aggregate of the three separate tolls, probably because it was supposed that if the company provided both carriages and locomotive power they might make an easier profit than if either of these were supplied by the trader. When the earlier Railway Acts were passed it was supposed that the companies would be, like the canal companies, mere owners of the route, and their maximum tolls were fixed accordingly. Bat they sabsequently became carriers, and as carriers provided stations, sidings, ware. houses, cranes, and other fixed plant which had in many cases previously been provided or leased by private firms : (Report of the Select Committee on Railways, 1882). - A list of all tolls authorised by the special Act, and exaoted by the company, must be exhibited on boards at the stations or places where they are payable (Railways Clauses Act 1845, e. 93); and the company must set up and maintain milestones or posis along the wbole line of the railway, at a distauce of a quarter of a mile from each otber (Ib., s. 94); otherwise, po tolls may be demanded or taken for the use of the railway : (16., 8. 95). The company must also keep at each of its stations books showing every rate for the time being charged for the carriage of traffic, other than passengers and their luggage, from that station to any place to which it books, and stating the distance for which any such rate is charged, and such books must be open to the inspection of all persons without payment of any fees; and the commissioners may from time to time, on tbe application of any person interested, make orders with respeot to any particular description of traffic, requiring the company to distinguish in such books how much of each rate is for the conveyance of the traffic on the railway, including therein tolle for the use of the railway, for the use of carriages, or for locomotive power, and how muoh is for other expenses, specifying the nature and detail of such expenses (36 & 37 Vict. c. 48, 8. 14; and Bee Pickfords Limited v London and North-Western Railway Company, 92 L. T. Rop. 607). The company is liable penalty of £5 & day for every offence against the provisions of this section. As to passenger fa rey, the Regulation of Railways Act 1868, s. 15, requires every company, to exhibit lists in the booking.office of each of its stations, containing the fares from that station to every place for which passenger tickets are there issued ; and, subject to such exceptions as may be allowed by the Board of Trade, every passenger ticket must bear upon its face the fare chargeable for the journey for wbicb it is issued, the company being liable to a penalty of 40s. for every ticket issued in contravention of this provision : (52 & 53 Vict. o. 57, s. 6). Railway companies have power to vary their rates as they may think proper, provided their charges for services rerdered in parsoance of their statutory obligations are the same to all, and do not exceed the maximum sums they are authorised by their Aots to charge. A schedule of the statutory maximum rates and charges authorised to be taken by a railway company for the conveyance of goods contained a provision that the company abould not be under obligation to carry non-perishable goods by passenger train. A section of the special Act of the company provided that all tolls should be charged equally to all persons. The company announced to the public their willingness to carry tailors' clothing by passenger train at a “collected and delivered rato specified in a scale of charges which they published. The plaintiffs, who were common curiers at Bristol, sent parcels of tailors' clothing from Bristol to Southampton by the company's passenger train, having themselves collected the goods at Bristol and handed them over to the company at the passenger train. The plaintiffs paid to the company, under protest, the scale charge ; and brought an action against them for money had and received, claiming to be entitled to a rebate from the defendants in respect of the colleotion of the goods at Bristol. It was held by the Court of Appeal that as the company were under no statutory obligation to carry the goods by passenger train, the plaintiffs were not entitled to any rebate : (stone and Co. v. Midland Railway Company, 90 L. T. Rep. 194). A railway company must within one week after applioation in writing made to the secretary of any railway company by any person interested in the carriage of any merobaudise which has been or is intended to be carried over the railway of such company render an account to the person so applying in which the charge made or olaimed by the company for the carriage of such merchandise shall be divided, and the charge for conveyance over the railway must be distinguished from the terminal charges (if any), and from the dock charges (if any), and if any terminal charge or dock charge is inoluded in suob account the nature and detail of the terminal expenses or dock charges in respect of which it is made must be specified : (Railway and Canal Traffio Act 1888, 8. 33 (3). Any company failing to comply with the provisions of this section is liable, for each offenoe, and, in to the case of a continuing offence, for every day during which the offence contioues, on summary conviction to a penalty not exceeding £5 : (16., 8. 33 (7). The fact that there are ordinary rates in practical operation on a railway for the carriage of goods with ordinary liability is very strong evidence that an agreement between the railway company and a customer for the carriage of goods at another rate is reasonable. A customer, having a bona fide alternative of sending his goods at ordinary rates, by a contract in writing agreed to free and relieve a railway company “ from all liability for loss or damage by delay in transit, or from whatever other cause a rising,” in consideration of the company carrying his goods at a rate one-fifth lower than the ordinary rate. It was held that the contract was reasonable, and relieved the company from liability for loss through dolay in transit caused by the negligence of their servants : (Manchester, Sheffield, and Lincolnshire Railway v. Brown, 50 L. T. Rep. 281). If a railway company charge for conveyance of goods the extreme eum sanctioned by their special Act, they cannot limit their liability as insurere. But if a railway company offer to carry at less than their maximum rates, in consideration of being relieved from logs by accidents, and give the customer an alternative of carrying his goods at the maximum or insured rate, then such a condition, if accepted by the consigoor, is reasonable and valid. But even at the lower alternative rate the company cannot contract themselves out of liability for gross negligence. Where any question or dispute arises, involving the legality of any toll, rate, cr charge, charged or sought to be charged for any goods or animals by a railway or capal company, the Railway and Canal Commissioners have jurisdiction to hear and determine the same, add to enforce payment of such toll, rate, or charge, or so much thereof as they decide to be legal : (Railway and Canal Traffic Act 1888, s. 10). The commissioners also bave jurisdiction 10 hear and determine any question or dispute with respect to the terminal charges of any railway company where such charges have not been fixed by Act of Parliament, and to decide what is a reasonable sum to be paid to any company for loading and unloading, covering, collection, delivery, and other services of a like nature : (Railway and Canal Traffic Act 1873. 8. 15). Whenever any person receiving or sending or desiring to send goods by any railway is of opinion that the railway company is chargiog him an unfair or an unreasonable rate of charge, or is in any other respect treating him in an oppressive or unreasonable manner, such person may complain to the Board of Trade. The Board of Trade, if they think that there is reasonable ground for the complaint, may thereu pon call upon the railway company for an explanation, and ondeavour to settle amicably the differences between the complainant and the railway company. For this purpose the Board of Trade may appoint either one of their own officers or any other competent person to communicate with the complainant and the railway company, and to receive and consider such explanations and communications as may be made in reference to the complaiot. A complaint under this section may be made to the Board of Trade by any of the authorities mentioned in sect. 7 of this Act in any case in which, in the opinion of any of such authorities, they or any traders or persons in their district are being charged unfair or unreasonable rates by a railway company; and all the provisions of this section shall apply to a complaint so made as if the same had been made by a person entitled to make a complaint under this section : (Railway and Canal Traffic Act 1888, 8. 31). In order to secure greater uoisormity in the olassification of merchandise traffio and the maximum rates and charges of the various companies under their special Acts, the Railway and Canal Traffic Aot 1888 provided for the revision of all the existiog olassifications and rates by Provisional Orders of the board to be confirmed by Act of Parliament. Seot. 24 provided thatnot. withstandiog ang provision in any Act, every railway company should, within six months from the passing of the Act, or such furtber time as the Board of Trade might in the particular case permit, submit to the Board of Trade & revised classification of merchandise traffic, and a revised sobedule of maximum rates and charges applicable thereto, proposed to be charged by such company, and should fully stato in such classification and schedule the nature and amounts of all terminal charges proposed to be authorised in each class of traffic, and the circumstances under which such terminal charges were proposed to be made ; and that, in the determination of the terminal charges, regard should be had only to the expenditure reasonably necessary to provido the accommodation in respect of which such charges were made, irrespective of the outlay actually incurred by the company in providing such accommodation. The section further provided that if, after hearing all parties whom the Board of Trade considered entitled to be heard, the Board of Trade should come to an agreement with the company, it should embody the agreed olassification and schedule io a Provisional Order, and proouro & Bill to be introduced for the confirmation thereof. Provisional Orders were, during 1891 and 1892, made and confirmed, in pursuance of the above provisions, in respeot of nearly all the railway companies of the United Kingdom. By these orders all merchandise traffic is divided into eight ola8908—A, B, C, 1, 2, 3, 4, and 5-the rates in the first-mentioned group being the lowest, and those in the last the highest. The classification was arranged by considering the values, liability to damage in transit, weight in proportion to bulk, and cost of handling. These rates are the maximum ; the actual rates being in many cases lower. The books, tables, or other document in use for the time being containing the general classification of merchandise carried on the railway of any company shall, during all reasonable hours, be open : to the inspeotion of ang porson, without the payment of any fee, at every station at whioh morobandise is receivod for conveyanoo, or where merchandise is received at some other place than a station, then at the station nearest suob place, and tho said book, tables, or other document as revised from time to time shall be kept on sale at the principal office of tbe company at a price pot exceeding 18.': (Railway and Canal Traffio Aot 1888, 8. 33 (1). Where & railway company intend to make any increase in the tolls, rates, or charges published io the books required to be kept by the company for publio inspeotion under seot. 14 of the Regulations of Railways Aot 1873, or the Act of 1888, they must give by publication in such manner as the Board of Trado may prescribe at least fourteen days' notice of such intended increase, stating in such potice the date on which tho altered rate or charge is to take effect; and no such inorease in the published tolls, rates, or charges of the railway company are to bave offoot unless and until the fourteen days' notice required under this section has been given : (16., 8. 33 (6). Where a railway company carries merchandise partly by land and partly by sea, all the books, tables, and doouments, touobing tho rates of charge of the railway company, which are kopt by the rail. way company at ang port in the United Kingdom used by the vessels which carry the sea traffio of the railway company, must, besides containing all the rates charged for the sea traffio, sta to what propor. tion of any through rate is appropriated to oonveyance by sea, distinguishing suoh proportion from that which is appropriated by la od no either side of the sea : (16., 8. 33 (5). In consequence of several railway companies having, daring 1893, increased many of their rates to the maximum rates allowed by the Provisional Orders, the provisions of that Aot were amended by the Traffic Act 1894. Sab-seot. 1 of seot. 1 of the Railway and Canal Traffic Act 1894 enacts that where a railway company have, either alone or jointly with any other railway company or companios, sinoo the 31st Dec. 1892 directly or indirectly increasod, or boroaftor increase directly or indirectly, any rate or obarge. thon, if any complaint is made that the rate or charge is uproasonable, it lies on the company to prove that the inorease of the rate or charge is reasonable, and for that purpose it is not sufficient to show that the rate or chargo is within any limit fixed by an Act of Parliamont, or by any Provisional Order confirmed by Aot of Parliament. The Railway and Canal Commissioners have jurisdiction to hear and dotermine any complaint with respect to any such increase, but not until a complaint has been made to and considered by the Board of Trade under sect. 31 of the Act of 1888, and, if the complaint is made to the commissioners within a year from the discovery by the complainant of the increase, they may award him such damages as they find him to have sustained: (Railway Aot 1894, 8, 1 (3) and (5). Upon a complaint under seot. 1, sub-seot. 1, of the Aot of 1894 by colliery owners that, whereas the rates and obargos made by the railway company for the conveyanco of coal were, prior to the 1st Jan. 1893, based and caloulated upon the carriage of 2lowt. to the ton, of which lowt. was an allowance for “wastage,” they wero now based and calculated upon the carriage of 2010wt. to the ton, and that this admittedly resulted in an inorease of 24 per cent. upon the rato formerly obarged to the applicants, and that such increase was uoreasonable, it was held by the Railway and Canal Commission Court that, the railway company having shown at least a proportional inorease in the cost of working the traffic between the year 1877, when the original rates were fixed, and the year 1892, the increase of rate was reasonable ; that the fact that since 1880 the railway company had supplied waggons for the mineral trado as carriers of minerals, for the use of which a separato rate was charged, did not necessitate the exolusion of this branob of their business from the general account (for purposes of comparison in order to ascertain a reasonable conveyance rate), because the trader providing his owo waggons was also benefited by tho increased facility and greater coonomy with which the traffio was handled ; and that the cost of providing relief men for mineral trajne, which was necessitated by tbe shortened hours of labour, and the fact that suob trains bad to stand on one side for goods and passenger trains, was an item properly (attributable to the mineral traffic, which must be worked subject to the ordinary conditions of a highway: (South Yorkshire Coal Owners' Assurance Society v. Midland Railway Company, 10 Rs. & Can. Cag. 28). town and opened the commission. Till 1822 it was held to be ogsential that the commission should be oponod on tho commission day by one of the judges or commissioners. The proamble of the Act 3 Geo. 4, 0. 10, runs thug : “Whereas it has been deemed necessary that the commissions under wbjob the judges eit apon their circuits, or some of them, should be opened and read at the respective places appointed in pursuance thereof for holding the assizes in the presenco of one at least of the quorum commissioners therein named on the very day appointed for holding such asbizon." This Aot, which first gave tho judges power to post pone the opening of the commission to the day following the commission day, was passed in consequenos of Baron Garrow having been detained at Monmouth too late to arrivo in Gloucester in time to open the commission on the prenoribed day. The commission was read after miduight, and tho under-sheriff was dispatobed to London to consult the Lord Chanoollor as to whether businos8 could proceed under it. The decision was in the negativo, and a fresh oommission was issued later. Lord Eldoo's proverbial caution was probably well founded on this occasion. Certaioly it accorded with tho tradition of the olders. Thus, in the entertaining Diary of Mr. Justice Rokeby, we read : • Taunton, 2 April (16)94: I came from Exeter in the morning for fear of losing our commission, and Brother Powell stayed to try somo causes that wore upon his hands, but he ended them 80 as ha oame to Taunton about eight of the clock at night.” Again : “We being straitenod in time at Hereford, my brother Powie went towardı Worcester Wednesday morning, 5 August, I having then twonty causes to try, which I dispatobed about four o'clook that afternoon, but oame not from Hereford till Thursday morniog. 6 Aug. (16)96, but my brother Powis road our commission at Woroester on Wedne • day night." Tho Act of 1822, which is still io foroe, except so far as it is modified by the Ordor in Council of 1884, prnvides " that the judges and quorum commissioners are hereby direotod and required to Lave Buon commissions opened and read on tho very days appointed for that purpose, uologs the same shall be provented by the pressure of business elsewhere or by some unforeseen oa Uso or aooident.' Tho effeot of the Order in Council would seom to bo to eliminate the words “and road and to defino the word " opened as meaning opened in the now proscribed manner. The rosult is that the commissions of Assize and Nisi Prius, of Oger and Terminer, and of General Gaol Delivory have become practioally sealed books to the Profession and the publio. NOTEWORTHY DECISIONS OF THE JUDICIAL YEAR. (Continued from page 398.) The doctrines of law relating to NUISANCES, more especially those relating to obstructions of view, were considered at some length by a Divisional Court in Campbell v. Paddington ('orporation (104 L. T. Rep. 394; (1911) 1 K. B. 869). The action was one for damages for the obstruction of and interference with the free use, enjoyment, and occupation of a house. As the case proceeded, however, it seems, according to the report, to have shaped itself into one in respect of a public nuisance. The ground of complaint was a structure 29ft. wide erected for members of the council to enable them to view his late Majesty's funeral procession. Mr. Justice Avory held it was an undoubted nuisance, and that it was no answer to aver that the traffic in the street was closed. The stand had been erected before the procession, and was a public nuisance from that date. Two main objections were taken by the defendants and overruled : First, that they could not be sued because they had no legal right to do what they did. The judicial answer was that in this case no corporation could be sued for any tort. Secondly, the damages recovered in the County Court were for obstruction of view, and such damages were not the natural consequence of the defendants' proceedings. The court agreed that a prospect from a house is not a right in the nature of an easement, and that no period of enjoyment will give a person a right of action in respect of a structure or trees which block the view. The court held that the enjoyment, use, and occupation of the house had been prejudiced by the defendants, and a right of action on the case could be maintained in respect of the loss, and as it was a public nuisance the plaintiff had a cause of action there also, having established special damage. It was also shown that X. had taken seats on the first and second floors which commanded a good view. When X. saw the stands being erected ho demanded to be released from his contract as to the lower seats, and the plaintiff, seeing that no view could be enjoyed from these, released him. Other persons refused to take seats on this account, and the plaintiff sustained loss. It was held, therefore, that the plaintiff, by way of damages, could recover from the defendants the profits she expected to make from her seats and was debarred from making by the defendants' erection of the structure in question. PARTNERSHIP, though an important branch of law, is not one which seems to lead to many reportable decisions, and during the past judicial year there have been very few cases calling for comment. Some interest attaches to one of the few authorities on the Limited Partnership Act 1907 (Re Hughes and Co., 104 L. T. Rep. 410; (1911) 1 Ch. 342). There was a limited and a general partner, and the capital of £500 was contributed by the limited partner, the general partner making no contribution. The business was not successful and a loss ensued, so the limited partner petitioned to wind-up under the Companies (Consolidation) Act 1908, s. 268. The general partner had drawn out large sums for his own use and had absented himself from business, and there was grave . “ OPENING THE COMMISSION." The public reading, at the opening of the September Sessions of the Central Criminal Court, of the new Commission of Oyer and Torminor and Gaol Delivery for the jurisdiction of that court, issued, according to oustom, early in the present reign, draws attoption to tbo saot that the similar commissions under whioh the assizes are held are now rarely, if ever, board on circuit. Tho abolition of the time-honoured ceremony of opening the oommission is, of courso, direotly due to the Order in Council of the 26th June 1884, which directo “ that the commissions at all aesizes be opened by producing in court the commission or commissions under which they are to be holden before the commonoement of the business of tho a Bsizes on the first day of the assizes on which a judge shall sit in court at each place without reading them at longth, and by the officer of the court shortly stating that the judges or judge present at the ansizes are, or is, thereby with others appointed to hold the assizes.”. Thus it was that the heavy hand of the law reformer was laid upon the law and custom of centuries. Theretofore one had been used to read in the assize intelligence that Mr. Justice X. or Baron Y. (there were Barons in those days) had arrived at the county |
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