COMMENTS ON CASES.

Again, the result of a scheme defining the purposes to which lead is to be put will be in many cases to hang it up in the market for a considerable period ; in fact, if certain schemes recently propounded are confirme i by the Local Government Board, there is no doubt that mush of the land affected will be struuk with sterility, so far as building is concerned, for the next twenty years or so. Yet here again it is extremely doubtful whether this will be a case of “injurious affection," and, as sect 58 of the Act requires any claim to be made within three months of the making of a scheme, it is probable that damage of this description is not covered by the section.

Another important provision is contained in seot. 58 by wbich no owner can obtain compensation in respect of any building erected or work carried out after the local authority have made their preliminary application for authority to prepare a scheme. It followe, therefore, that, once this application has been made, any building subsequently erected on the land proposed to be included in the scheme will be erected at the risk of the owner, and, if it is subeequently found to be inconsistent with the soheme, it may be pulled down by the local authority, and no compensation will be payable. As a considerable interval, probably running into some years, must í requently elapse between this preliminary application and the final confirmation of a scheme, it is obvious that proprietors of building estates will in many cases be put to the election either of losing money by arresting building operations or of incurring the serioue risk of subsequent demolition. The only way by which private owners can protect themselves from

eavy loss in the directions above indicated is by bargaining with the local authority from the conception of the scheme. It is of great importance to be on the alert for any intimation that a proposal to apply for permission to prepare a schema is on foot, and, though the statutory procedure regulations do not impose on the promoting authority any obligation to disclose details of their proposals at this stage, full particulars should be pressed for, and, if not forthcoming, the Local Government Board sbould be urged to refuse the application. The procedura regulations drawn up by the Board are equitable and moderate, and show that tbey desire local authorities to administer their powers under the Act in a reasonable and concilia. tory spirit. Though loath to say a word in favour of bureauoratio governmont, we are bound to admit that up to the present that department has not shown the same contempt for private rights as was displayed by the promoters of the Act.

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It is by no means surprising that some misunderstanding should have arjeen as to what was actually intended to be decided in Constantinidi v. Constantinidi and Lance (91 L. T. Rep. 273 ; (1904) P. 306). As appears from the various reports of that case, no formal judgments were delivered by tbe learned judges of the Court of Appeal. What. ever material there was for the purpose of framing the head note bad to be gathered solely from the interlocutory observations that fell from their Lordships in the course of the arguments. The headpote to our report in the LAW TIMES Reports seems to be strictly in accordance with the substance of those observations. But even so, there was room for considerable doubt concerning the practical effect of the decision of the Court of Appeal. The head noto states that: “ Where a decree nisi has been made for the dissolution of a marriage, the petitioner oannot proceed with a petition to vary the settlements until the decree has been made absolute; but after such a petition has been filed there is a lis pendens, and the juri-diction of the court under sect. 5 of the Matrimonial Causes Aot 1859 to direct

variation of the settlements is not affe ted by anytbing done between the time when the decree is mide absolute and the hearing of the petition.” Turning to the report in the Law Reports, it is seen that, with the exception of the omission of the phrase relating to the filing of the petition constituting á lis pendens, there is no difference of any essentiality. The opening words of the section referred to show that the conclusion embodied in the first portion of the headnote was thereby warranted. The petitioner has to wait until a deoree nisi bas been made absolute before proceeding with a petition to vary settlements, beojuse of the statutory words: “The court after a final decree of

dis. solution of marriage may inquire into the existence of settlemente,

It required, however, the delivery of explany. tory judgments in the recent case of Clarke v. Clarke and Lindsay (105 L. T. Rep. 1) to elucidate thoroughly wbat was meant to be laid down by the observations-oone too intelligible to the most carefal reader it must be admitted—which took the place of anything more formal and precise in Constantinidi v. Constantinidi and Lance (ubi sup.). And considering that Mr. Justice Bargra ve Deane, who although he was at the Bar when that case was heard and appeared for the appellant there, was himself apparently in ignorance of the true result of those observations—as appears from the order which he made in Clarke v. Clarke and Lindsay (ubi sup.)-small wonder that others should likewise have been misled. Mr. Justioe Bargrave Deane seemed to be of opinion that, despite what was expressed in the first portion of the head note above set forth, the registrar might report on a preliminary inquiry undertaken by him in respect of the marriage Bettlement before the decree nisi was made absolute. In other words, the registrar could proceed meanwbile, albeit no order could be made by the court on the husband's petition for variation of the marriage settlement until after the final decres of dissolution of the marriage. But, as the Court of Appeal pointed out, that would be permitting the registrar to do what the court itself was precluded by the section from doing. Mr. Justice Bargrave Deane could enter upop no inquiry until “after a final decree; and consequently his Lordship bad no jurisdiction to make the order that he did, pamely, that the wife's answer to the petition should be filed by a specified date

to give ample time for the registrar to report before the decree

made absolute act, indeed, which might possibly never be performed. The opportunity was then seized for expounding and rendering more perspicuous the observations in Constantinidi v. Constantinidi and Lance (ubi sup.), so as to prevent any misconception in the future, in the manner appearing in our report. It will be notioed that the object of allowing the petition, wbich was already on the file and operated a3 a lis pendens, to remain there was in order that it might take effect the moment the eoree was made absolute. It is, as was sajd by the Master of the Rolle, “always rather difficult to secure that a petition which is to operate as a lis pendens shall be put on the file immediately the decree is made." That difficulty is surmounted by the praotico of filing the petition and then applying, when the proper time arrives, to have it dealt with by the court-ie., on the final deoree being made.

IRISH NOTES.

as

W&S

THE question of compensation under the Publio Health Acts in respect of the destruction of diseased animals

w88 considered recently by the Dublin Victuallers' Association. A resolution had been passed by the Section of Comparative Pathology and Veterinary Hygiene of the Institute of Public Health that where cattle aio purchased ip open market wbiob do not at the time of purchase present symptoms of any disease, but wbioh are revealed when slaughtered to be unfit for human food, the section considers that legislation should be enacted by virtue of wbiob the purchaser should be compensated by the State. This question was the subject of a recent decision in the Irish courts in the ope of Re Smith and Belfast Corporation (1910) 2 Ir. Rep. 285). It was deoided that the expressions “damage” and “full compensation" in sect. 274 of the Public Health (Ireland) Act 1878 (which is the game as sect. 308 of the Public Health Act 1875) do not include trade loge caused to the owner of an artiole intended for the food of man by reason of the publicity of the proceedings brought by the sanitary authority to have an article of food deemed as unsound ; and where there is evidence that the amount awarded as compensation under these Acts includes such trade lo:8, although the award does not so state, the court bas jorisdiction, on a motion to set aside the award, to remit it to tbe arbitrators to state the amount awarded as com. pensation for trade logs.

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can

The shorthand writer's notes of the judgments of Mr. Justice Gibson and Mr. Justice Dodd on the trial of the election petition for North East Cork and the evidence taken at tbe trial has just been pub. lished ag a Parliamentary Paper (1911, 204). The trial took place on the 20th April and following days. The evidence, which is of A very voluminous Dature, occupies no less than 276 pages of tbe Blue Book. The judgments throw much light on the question of eleotion expenditure, election experges paid otherwise than by the election agent, and ihe statutory return to be made to the returning officer. The case rather suggests the view that there cannot be any expenditure other than the expenditure allowable under sect. 17 of tho Corrupt and Illegal Practices Act 1884. Mr. Justice Gibson said : “ There are many examples in the election reports where a candidate by his conduct has made an existing political association bis agents By adopting the comfortable and elusive word 'organisation,' it was supposed that election expenses proper, such as those for and incident to meetings, an item expressly specified in sched. I, Part 2, of the Aot, could be kept out of the election account. What, however, the law looks to is reality, and justice cannot be mocked by forms of worde. Captain Dodelan committed the whole election to the United Irish League ; his election meetings were organised by that body, and be connot dissociate himsell from their direct election operations by the term “organisation.'”

FIXED INCOMES.-Houses and Residential Flats now be Furnished on a new system of Deferred Payments especially adapted for those with fixed incomes who do not wish to disturb investments. Selection from the largest stock in the world. Everything legibly marked in plain figures. Maple and Co. Ltd., Tottenham Court road, London, W.-(ADVT.)

SANITARY ASSURANCE.—Before renting or purchasing a house it is advisable to obtain an independent report on the condition of the Drains, Sanitary Fittings, and Water Supply. Moderate fees for Sanitary Inspections on application to the Sanitary Engineering Company, 115. Victoria-street, Westminster. 'Phone, Westminster 316. "Sanitation,” London.-[Advt.]

County Courts, Equity, AND BANKRUPTCY CASES.- Published quarterly, price 4s., post free. Comprising the Decisions in Law and Equity, administered in the County Courts; the Appeals from the County Courts; the Judgments in Important Cases decided in the County Courts; and all the Cases in Bankruptcy in all the Courts.HORACE Cox, County Courts Chronicle” Office, Windsor House, Bream's-buildings, E.Č.-[ADVT.]

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OCCASIONAL NOTES.

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sent

The Temple Church will reopen for Divine service on Sunday, the let pror., at eleven o'olock.

An intermediate session for cages arising in the county of Middlesex will commence on Saturday, the 23rd inst., at the Caxton Hall, Westminster, at ten o'clock.

Mr. Clement Young. Sturge, of Rod borough Heights, Gloucester, and of St. Augustino's-mansions. Bloomsbury.street, Westminster, barrister-at-law, who died on the 23rd July last, aged fifty-one years, left estate of the gross value of £11,237, with net personalty £9847.

News reached Warrington on the 8th inst. of a shooting accident at Denbigh, of which Mr. Frederick G. Taylor, a Warriogton solioitor, was the vistim. Mr. Taylor was spending a holiday at Denbigh, and joined a sbooting party. They rested on an embankment, and on rising again one of them, it is stated, helped himself with his gun. The weapon exploded, and Mr. Taylor received the full charge in his face, death being immediate.

A verdict of " Acoidental suffocation” was returned at an in quest at Hammersmith on Tuesday on the body of Sbaraer Muerwanji Boodgaja, thirty-four, an Indian barrister, lately residing at a boarding house at 12, Rockley-road, West Kensington. The evidence showed that Boongaja had just finished his ed uoation at Cambridge Univereity, where he took bis degree with honours in natural science and history. He was called to the Bar last year, and intended to return to India in a few days. He was subjeot to epileptic fits, and on Sunday morning was found dead in the boarding house, a doctor attributing death to suffocation through falling on the floor wbile in an epileptic tit.

The pabeing of the Official Secrets Bill through all its stages in the House of Commons in one day-on the 18th ult.-does not break the record in the speedy progress of Parliamentary Bills. The Bill Euspending the Habeas Corpus Aot in Ireland in 1866 went through all its stages, not merely in one but in both Houses, on the same day, and received the Royal Aesent shortly after midnight. A similar rapidity of legislation was manifested in the case of the Explosives Bill, which was introduced by the Home Secretary, Sir William Harcourt, on the 9th April 1883, after an attempt to injure one of the Government offices in 'biteball. On this occasion, bowever, while the Bill passed through both the Houses the same evening, the Royal Ascent could not be communicated till the following day.

Unless the jurors of the Seine bave adopted a little poetio licence in the presentment which they have made to the Garde des Sceaux, the carrying of revolvers in France is a matter calling for serious attention. The jurors say : Considering the carrying of the revolver has become a habit ; tbat men, women, and young persons carry this weapon as if they were carrying a purse or a bunch of keys; that this cusiom of carrying a revolver easily able to be concealed has led to a loss of respect for human life ; that it is the cause of many murders ; tbat it is in the highest interest of society that it should be n onger easy to purchase a weapon which has made so many victime, the jurors have the honour to ask M. Le Garde des Sceaux, Minister of Justice, to take stringent measures for the regulation of the sale and the carrying of revolvers and to interdict the resale of weapons seized in connection with crimos, délits, &o.

A revision court to consider ownership claims was held on the 11th inst. at Bermondsey Townball by Mr. Michael Moloney. It was stated that a notice had been sent by the town clerk to Sir Arthur Moseley Channell inquiring whether he was still the freeholder of a house in Marine-street. The revising barrister was told that Mr. Justice Chandell had replied as follows : “I am the freeholder, and I venture to point out to you that your inquiry whether I am the free holder is wholly unauthorised and impertinent, and that it is quite improper to charge the cost of such inquiries on the rates.-A. M. CHANNELL." The revising barrister said that he would allow the cost of the inquiry: Such inquiries were quite justified, and the cost was infinitesimal. The result of such circulars had been to remove hundreds of names from tbe registers which had no right to be there, thereby gaving the cost of printing to the borough oouncils, besides making the register what it should be.--a register of voters, and not a register of bogus

of the Duchy of Lancaster with a seat in the Cabinet, Lord Chief Justice of England, and finally, in 1859, Lord Chancellor of England, breaking the record by being the only man who had ever for the first time been intrusted with the Great Seal of England at eighty years of age.

A oircular from the Home Office has been addressed to the clerks to the justices for the petty sessional divisions and boroughs inviting the attention of courts of summary jurisdiotion to the provisions of seot. 5 of the Army (Annual) Act 1911. The section provides that at the end of sub.sect. (3) of sect. 145 of the Army Act 1881, which requires a eum sufficient to enable a soldier to attend the bearing of & summons to be left in the bands of his commanding officer, there shall be ineerted the following provision : “Where by an order or decree to the Army Council or officer in accordance with sub-sect. (2) of this section the soldier jg adjudged to pay as costs incurred in obtaining the order or decree any sum left in the hands of the commanding officer under this sub-section, the Army Council may cause a sum equal to the sum so left to be paid ip liquidation of the sum so adjudged to be paid as costs, and the amount so paid by the Army Council shall be a public debt from the soldier against whom the order or decree was made, and, without prejudice to any other method of recovery, may be recovered by deductions from his daily, pay, in addition to those mentioned in sub-sect. (2) of this section.' With a view to facilitating the arrangement authorised by this provision, the Secretary of State desires to suggest that in every case where a soldier is made liable for costs incurred in obtaining a maintenance or affiliation order, the sum leit in the hands of his commanding officer, as above referred to, sbould be expressly stated in the order of the court, i.e., abowo separately from the other costs adjudged to be paid by the order.

A vigorous crusade is being oarried on in Italy against smoking. The Avanti does not believe that any enaotment will prove effective, and, to justify its scepticism, recalls the various repressive measures that have been adopted against picotine in the prst. Io Persia, the time was, we read, when the smoker, for the first offence, bad his pose cut off ; in the case of the recidivist-he only had one chance- be suffered the punishment of death. Under Michael Fedorovitch, in 1613, a similar law was made in Russia. Ten years later the Sultan of Turkey, Mourad IV., imitated the rigour of his neighbour the Czar. In 1660 tbe Senate of Berne treated smokers as malesactors, and burged them at the stake. In other States smokers were publicly whipped. In England, uoder James I., edicts were issued against the weed, and Parliament improved upon this severity and punished with death Raghliff (? Raleigh), the importer of the weed (sic). The Church was not more tolerant than the secular power. On the 3rd Jan. 1642, Urban VIII., in an interdict to the Archbishop of Seville, made tobacoo smoking punishable by excommunication. Innocent XI. also forbade the use of tobacco among the clergy, making the punishment a fide of twenty-five ducats, followed by suspension. But these measures were ineffectual, and we read the Pa pacy capitulated before to bacco in 1725. On the 10th Jan. in that year Benedict XIII, removed the interdicts pronounced by his predecessors, and permitted the clergy to smoke cigars in public, in order, as he said, lest “ the ministers of God, in fleeing from the churcbes to smoke might be found in retreats less guitable to their dignity.”

LAW LIBRARY,

We have received from the office of the Justice of the Peace, Questions and Answers from the Justice of the Peace 1897-1909. These have been extracted from the practical points columns of those years, and have been revised and modified as rendered necessary by subsequent legislation and decisions. The editor is Mr. Kenneth M. Macmorran, and the assistant editors Messrs. R. E. Willcocks and H. W. Guthrie. The volume is a storehouse of information on points that have actually arisen connected with local government, public health, Poor Law, poor rates, licensing, and the general duties of magistrates.

names.

career.

An Irish Lord Chancellorsbip is not necessarily the climax of a

Sir Charles Porter, who was appointed from the Englisb Bar, and Sir Constantine Phipps, the founder of the Normanby family, who was likewise appointed from the English Bar to the Irish Lord Chancellorship, tbe one in the reign of William III, and the other in the reign of Queen Anne, on resignation of the Irish Seal came back to England and resumed their practice in stuff at the English Bar. John Metbuen, the founder of the Methuen family, was whilo Lord Chancellor of Ireland a member of the English House of Commons and a Master in Chancery in England. On retiring from the Irish Chancellorehip, he, as British Ambas:ador to the King of Portugal, concluded the commercial treaty with that country known as tbe Metbuen Treaty. George Poosopby, who was promoted in 1806 from the Irish Bar to the Irish Lord Chancellorebip in the Ministry of All the Talents, was,

the fall of that Administration in 1807, the Leader of Opposition in the House of Commons till his death in 1816. Sir Edward Sugden (Lord St. Leonards) after his first Irish Chancellorship re-entered the House of Commons, and after his second Irish Chancellorship became Lord Chancellor of England. Sir John (Lord) Campbell, wbên an ex.Lord Chancellor of Ireland, became Chancellor

The Law relating to Fire Insurance. By A. W. BAKER WELFORD

and W. W. OTTER-BARRY. Butterworth and Co. The course adopted by the authors of this book has been to confine the text, so far as possible, to a statement of the existing law in their own words, relegating to the notes all professed quotations and discussion of cases. That this method of treatment has its advantages cannot be doubted, and general principles, apart from particular examples, are thus far more readily available. Messrs. Welford and Otter-Barry have produced a most exhaustive work, and one that should be of great assistance to the Profession.

William Hodge and Co have just published The Merchant Shipping and Relative Acts, classified for ready reference by Mr. John H. Malcolm. The contents are divided into fiftyseven different subjects, some of which are again subdivided, while the amendments and repeals are brought up to date, and an index shows where each section of the principal Act can be found. A handy and useful compilation.

CRIMINAL LAW AND THE JURIS

DICTION OF MAGISTRATES.

To find one's way about Revenue statutes is a difficult matter, and those who desire a practical exposition of and guide to some of those Acts will find it in Income Tax and Inhabited House Duty: Law and Cases, by Mr. W. E. Snelling (Sir Isaac Pitman and Sons Limited). The provisions of every section still in force on those subjects will be found in detail, together with decided cases bearing thereon, and, the general arrangement of the book being alphabetical, reference is thus greatly facilitated.

BOROUGH QUARTER SESSIONS. Bedford, Thursday, Oct. 5

Great Yarmouth, Monday. Oct. 9, at 10.30 Berwick-upon-Tweed, Friday, Oct. 6 Hereford, Friday, Sept. 22 Birmingham, Monday, Oct. 9, at 11.15 Hythe, Saturday, Oct. 28 Blackburn, Friday, Oct. 27

Liverpool, Tuesday, Oct. 3 Bournemouth, Tuesday, Oct. 10

Manchester, Monday, Oct. 2 Bradford, Tuesday, Oct, 3

Merthyr Tydfil, Wednesday, Oct. 18 Bridgnorth, Wednesday, Oct. 18

Newcastle-upon-Tyne, Friday, Oct. 20 Brighton, Monday, Oct. 16

Portsmouth, Thursday, Oct. 5 Croydov, Tuesday, Oct. 10, at 10

Sheffield, Monday, Oct. 2 Derby, Thursday, Oct. 19, at 10.30 Shrewsbury, Friday, Oct. 13 Devizes, Monday, Oct. 9

Thetford, Friday, Oct. 28 Dover, Monday, Oct. 2

Wenlock, Friday, Oct. 13 Folkestone, Monday, Oct. 2, at 11

West Ham, Friday, Sept. 29, at 10.30.

BANKRUPTCY LAW AND PRACTICE.

NEW EDITIONS. Messrs. J. M. Dent and Sons Limited have issued a fourth edition of International Law, by Mr. F. E. Smith, K.C., the present issue having been revised and enlarged by Mr. J. Wylie. Naturally, the Hague Conventions of 1907 and the Declaration of London receive a large and proper amount of attention, the chapter on international arbitration also having been more fully developed. The whole work, as it now stands, forms a welcome addition to the literature of this all-important subject.

Mr. Herbert Jacobs has prepared a fifth edition of that excellent book for students, Stevens' Elements of Mercantile Law (Butterworth and Co). All those subjects which intimately concern the mercantile community are concisely and accurately dealt with, all unnecessary detail being eliminated, the whole being contained in the compass of some 600 clearly printed pages.

The new edition--the sixth-of Michael and Will on the Law relating to Gas and Water will be welcomed by the Profession, the editor being Mr. Joshua Scholefield (Butterworth and Co.). Ten years have elapsed since the last edition, and quite 500 decisions have had to be considered and incorporated in the present issue, while the general introduction has not been neglected. Mr. Scholefield has done bis work well, this standard work well maintaining its former reputation.

Messrs. Butterworth and Co. and Shaw and Sons have just published a third edition of Housing of the Working Classes Acts 1890-1909 and Town Planning, by Mr. Charles E. Allan, who has been assisted as to the practice by Mr. Francis J. Allan. These statutes have been very carefully annotated, while the statutory rules and forms are also given, the whole forming a clear and practical guide to a difficult and complex subject.

Sir Nathaniel Highmore has prepared a third edition of his Stamp Laws (Stevens and Sons Limited), which may truly be described as a complete treatise on this subject. The legislation of the past eight years which have elapsed since the publication of the second edition and the decisions of the courts during that period have been duly incorporated in the book, and the whole of the text has been carefully revised.

Messrs. Sweet and Maxwell Limited and Stevens and Sons Limited have issued the second volume of Chitty's Statutes, the sixth edition of which is being prepared by Mr. W. H. Aggs. The present volume covers “ Canals" to Copyholds,” and amongst the more important subjects dealt with may mentioned "Church and Clergy"-seventy-eight Acts appearing in this group——" Companies,” and “ Conveyancing and Law of Property.” The cases cited are brought down to June 1911.

BANKRUPTCY STATISTICS 1910. REPORT BY THE SOLICITOR TO THE BOARD OF TRADE UPON LEGAL

PROCEEDINGS CONDUCTED BY HIM UNDER THE BANKRUPTCY

Acts 1883 AND 1890. The legal proceedings under the Bankruptoy Aots 1883 and 1890 during the year 1910 consisted of the following matters :1. Appeals to His Majesty's Court of Appeal and to the Divisional

Court (in Bankruptcy) (six). 2. Actions and otber proceedings to which official receivers were

parties (bsteen). 3. Reviews of taxation of bills of costs by County Court registrars

(two). 4. Motions in bankruptcy and miscellaneous proceedings (foor). 5. Proceedings against defaulting trustees under deeds of arrange

ment. 1. Appeals to His Majesty's Court of Appeal and to the Divisional

Court (in Bankruptcy). It is a well-settled prinoiple of the bankraptoy law that a person who has dealings with a debtor with notice that he has committed an act of bapkruptoy shall not be permitted to obtain an advantage over the general body of creditors by reason of such dealings if the debtor is subsequently adjudged bankrupt upon a petition presented while the act of bankruptoy remains available. As a consequence of this principle & creditor cannot safely receive payment from bis debtor with notice of an available act of bankruptcy, and is therefore not bound to acoept payment, if tendered.

The attention of the Board of Trade was called to a decision of the Divisional Court which they were advised was at variance with this principle and was likely in future to make it very diffioult or perhaps almost impossible for small creditors whose combined debts did not greatly exceed the statutory minimum of £50 to obtain a receiving order against their debtor. The parties aggrieved by the decision urged that their interest was too small to justify them in appealing, although they considered that the decieion deprived them of what they were ad vised were their rights; and under the circum. atanoes the board undertook the appeal on their behalf.

The debtor was indebted to a number of creditors for emall sums, five of whom combined, for the purpose of making up the statutory minimum debt of £50, to present a bankruptoy petition against bim. On the bearing of the petition the debtor denied that he was indebted to two of the petitioners, who claimed to be creditors for £4 39. 6d. and £4 178. respectively, and the registrar directed, in pursuance of sect. 7, sub-sect. 5, of the Aot, that the debtor should enter into a bond with sureties for payment of such debt or debts as should be esta blished against the debtor and stayed proceedings on the petition pending the trial of the question relating to the debts.

Actions were thereupon commenced against the debtor by the petitioners in question, with the result that the debtor admitted the claim of one of them, and the other obtained jadgment for a sum omaller than the amount claimed, but sufficient to keep the joint olaims of the five petitioners above £50. Toe debtor paid the amounts due to the two petitioners whose claims he had disputed into court; but they both declined to take the money out of court, and claimed to be entitled to proceed with the petition. The petition was restored to the list for hearing before the registrar, when it was submitted by the debtor that the effect of the payment into court of the amounts due to the two petitioners was that they ceased to be creditors, and as the claims of the remaining creditors amounted to less than £50 that he was entitled to an order dismissing the petition. The registrar was of opinion that the payment into court could not properly be treated as equivalent to payment to the creditore, and acoordiogly he made a receiving order against the debtor.

The debtor appealed to the Divisional Court against the_ receiving order, and succeeded in obtaining an order rescinding it. The court took the view that the effect of sect. 7, sub.sect. 5, was to create an exception to the general rule that a creditor cappot retain as against the trustee in the debtor's bankruptoy a payment made to him by his debtor after notice of an available act of baokruptoy committed by the debtor and therefore that he is bound to accept such payment

66

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BOOKS RECEIVED. De Beer': Analysis of Salmond's Jurisprudence. Stevens and Haynes 13, Bell-yard, Temple Bar. Price 39. 60, net.

De Quirós on Modern Theories of Criminality. William Heinemann, 21, Bedford.street, W.C. Price 148. pet.

Gross on Criminal Psychology. William Heinemann, 21, Bedford. street, W.C. Price 178. net.

Odgers on Libel and Slander. Fifth Edition. Stevens and Sons, Limi'rd, 119 and 120, Chancery-lane. Price 359.

Schuster on the German Commercial Code. Steveps and Sons, Limited, 119 ard 120, Chancery.lane. Price 78. 6d.

Leaming': A Philadelphia Lauyer in the London Courts. G. Bell and Sons Limited, Portugal-street, Kingsway, W.C. Price 88. 6d, net.