There ought in such a matter to be no room for sufficient notice. plicit notice in black and white, that at a certain hour petition, the trustees, or persons seeking the opinion of one. the Court taking on themselves the risk of any mis-doubt or uncertainty; the seller ought to have an exstatement.—Re Barrington's Trusts (3 L. Ti., N.S. 17, Wood, V.C.) One trustee may apply without his co-trustee. Re Muggeridge's Trusts (6 Jur., N.S. 192). The Court permitted trustees to pay the income of trust-funds to the husband for life, though held to the separate use of the wife, who was a lunatic, the husband undertaking to apply the income for her maintenance, and support.-In re Spiller (6 Jur. N.S.386). But the Court refused to entertain an application by trustees for the advice whether they could transfer to the wife a sum of money settled to the separate use of the wife, and on her death to her issue, as she should appoint. There was one child aged twelve months. The petition prayed that the trustees should be at liberty to transfer to the absolute use of the wife a moiety of the trust-fund. The Lord Chancellor holding that the statute only applied to trust-safeguard against fraudulent charges, but in reality it funds remaining in the hands of the trustees, and under their management, and that it was not intended they should make inquiries as to their right to dispose of trust funds-In re Thomas (6 Ir. Jur. N.S. 299); nor will the Court interfere in cases where questions of difficulty arise, and the assets are unascertained. Re Mockett's Will (6 Jur., N.S. 142). ', (To be continued). The Adulteration of Articles of Food or Brink. 23 & 24 VIC. C. 34. (Continued from page 156.) WE have before seen, in sect. 1 of the above Act, what constitutes an offence under it. The second section contains a provision intended to secure the seller from a fraudulent charge being made against him. It enacts that "On the hearing by justices of any complaint under this Act in any district, county, or borough wherein any analyst shall have been appointed, the purchaser shall prove to the satisfaction of such justices that the seller of the article of food or drink alleged to be adulterated, or his servants, had such notice of the intention of the purchaser to have such article analysed, and also such opportunity of accompanying the purchaser to an analyst appointed by this Act as the justices shall think reasonable, in order to secure such article from being tampered with by the purchaser." will be no safeguard at all. To have been such, it should have provided for the giving of notices in writing immediately upon the purchase of the article, or upon its impurity or adulteration coming to the knowledge of the purchaser. Thirdly, the notice is sufficiently given if given to the seller's servants. This provision is obviously intended to meet the case of a sale not personally by the defendant, but by those whom he employs, and if it had directed that the notice may be given to the seller or to his servants at the place where the said article shall have been sold, the object of the Legislature would have been better secured. Fourthly, the section is silent as to what is to be done with the article after it is analysed. As a matter of course it will be returned to the purchaser; but it would have been a much more satisfactory state of things if (in the event of the puachaser intending to take legal proceedings under this Act) it had been enacted that the article should be left in the care and custody of the analyst. Having already considered the third section, we will proceed to the fourth, which enacts, that 66 Any purchaser of any article of food or drink in any district, county, city, or borough where there is any analyst appointed under this Act, shall be entitled, on payment to the analyst of a sum not less than 2s. 6d., nor more than 10s. 6d., to have any such article analysed by any analyst who may be appointed for such district, county, city, or borough, and to receive from such analyst a certificate of the result of his analysis, specifying whether in his opinion such article is adulterated, and also as to whether it is so adulterated as to be injurious to the health of persons eating or drinking the same, and such certificate duly signed by such analyst shall, in the absence of any evidence to the contrary, be sufficient evidence before the justices, or in any court of justice, of the matters therein certified, and the sum so directed to be paid for such certificate shall be deemed part of the costs." This is a very important provision, but we fear it is little calculated to effect the object intended. Upon the hearing of a charge under the first section, the informant must give evidence that he gave notice to the seller of the article, or his servants, of his intention to have the article analysed. Now, upon this branch of the section two or three important considerations will arise. First, the notice need not be in writing. Upon so serious a question as this, it surely is very This is about one of the most carelessly drawn lax legislation not to have provided some more certain sections that ever found its way into an Act of Parand impressive kind of notice than a merely verbal | liament. First, there is nothing to regulate the fee to be taken by the analyst, except that it is not to be more than 10s. 6d. Why there should be a minimum fee of 2s. 6d. it is difficult to understand. It may be, that the adulteration or impurity may be instantly, and without either trouble or expense to the analyst, detec table, and he might consider himself to be amply paid by a much less fee than 2s. 6d. Besides which, the having to pay so large a fee will be likely seriously to operate against the poor people (for whom especially the Act might be made beneficial) from resorting to the analyst, especially as in the event of the article turning out unobjectionable, they would be unable to obtain the cost from the seller. It will be remembered that the authorities who appoint the analyst have no power whatever to regulate the fees he is to take from parties who bring articles to be analysed, since the third section, which mentions his salary or allowances, applies to the salary or allowances which they (the authorities) are to pay him. The analyst, therefore, can charge for his analysis any sum not more than 10s. 6d., and this he may require to be prepaid. Secondly, the purchaser of the article is to receive from the analyst a certificate of the result of his analysis, specifying whether in his opinion such article is adulterated, and also whether it is so adulterated as to be injurious to the health of persons eating or drinking the same. It will be remarked upon this, that it is the purchaser only who is entitled to this certificate, and the seller, who is deeply interested in the analysation, has no right whatever to a copy of it; and thus, although he is to have notice of the purchaser's intention to have the article analysed, and is also to have an opportunity of accompanying the purchaser to the analyst, he is not entitled to know the results of the analysation. Thirdly, the certificate is to specify whether, in the opinion of the analyst, such article is adulterated, and also whether it is so adulterated as to be injurious to the health of persons eating or drinking From the peculiar wording of this portion of the clause, it is open to the construction that it is only in the event of the article being adulterated or injurious to health that the certificate need be given, and that in the event of its being unadulterated and not the same. injurious to health, it need not be given; for it will be observed that the words are not “ whether or not the article is adulterated, " &c., but simply "whether it is adulterated, " &c. Giving, however, a liberal interpretation to the words, such as most probably the Legislature intended they should bear, a certificate should be given, whatever may be the result of the analysation. Fourthly, the certificate is to state whether the article is adulterated, and also whether it is so adulterated as to be injurious to the health of persons eating or drinking the same. The analyst's certificate therefore is to be confined to the two conditions of the article-first, its being adulterated; secondly, its being so adulterated as to be injurious to the health of persons eating or drinking the same; but it is an offence against the first section of the statute if the article, though neither adulterated or injurious to health, be simply impure. Now the analyst has no power to certify if the article be merely impure. It may be said, that impurity necessarily involves adulteration; but we apprehend this is not so, and the very fact that the Legislature, in the section describing the offence, makes use of each term in the disjunctive, shows that they understood and intended the terms to import different meanings. We have before shown that a thing may be impure without being adulterated, and may be adulterated without being impure. It may, however, without being adulterated, be so impura as to be wholly unfit for human food. In such a case, however, the analyst's cirtificate will be of no avail, for it is not sufficient that the articles should be so impure as to be injurious to the persons cating or drinking the same, unless such impurity arises from adulteration. Fifthly, the certificate duly signed by the analyst is, in the absence of any evidence to the contrary, to be sufficient evidence before the justices, or in any court of justice, of the matter therein certified. The certificate will not prove itself, and it will be necessary to give proof of the signature of the certificate by the analyst. Sixthly, the sum so directed to be paid for such certificate is to be deemed part of the costs. (To be continued.) ASSURANCE. 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PUBLIC STATutes—23 & 24 Vic., 3. 38. strument through which they derive their office has empowered them to invest, the trust funds committed to their charge, upon government securities, or upon parliamentary stocks, funds, or securities, or any of them. But it may not be out of place here to refer to another Statute of the same Session-23 & 24 Vict., c. 145, s. 25, which confers upon a trustee, having trust money in his hands which it is his duty to invest at interest, the liberty, at his discreTHE tenth section authorizes the Lord Chancellor tion, of investing the same in any of the parliaof Ireland, with the advice and assistance of the mentary stocks or public funds, or in government Lord Justice of Appeal and the Master of the securities, thus creating an actual power to invest. Rolls in Ireland, to make such general orders from At the time of the passing of the earlier Statute, the time to time, as to the investment of cash under language of it would have confined the operation of the control of the court, either in the Three per the 11th section to an actual power conferred by the Cent. Consolidated, or Reduced or New Bank An- instrument creating the trust. The provisions of the nuities, or in suck other stocks, funds, or securities, 34th section of the later Statute declare that this Act as he or they shall, with such advice and assist- shall, except as therein provided, extend only to ance, see fit, and for the Lord Chancellor in Ire-persons entitled, or acting under a deed, will, or land to make such orders as he or they shall deem other instrument executed after the passing of this proper for the conversion of Act, or under a will, confirmed or revived by a codiThree any Bank Annuities now standing, or which may here- cil executed after that date It consequently does after stand, in the name of the Accountant-General seem that the statutory power created by the 25th sec. of the said Court of Chancery, in trust, in any cause or matter, into any such other stocks, funds, or securities, upon which, by any such general order as aforesaid, cash under the control of the court may be invested. The same section also directs that all orders for such conversion are to be made upon petition, to be presented by any of the parties interested, in a summary way, and that such parties shall be served with notice as the court shall direct. per Cent. The eleventh section directs that when the general order referred to in the preceding section shall have been made, "that trustees, executors, or administrators, having power to invest their trust funds upon government securities, or upon parliamentary stocks, funds, or securities, or any of them, may invest such trust, funds, or any part thereof, in any of the stocks, funds, or securities, in or upon which, by such general order, cash under the control of the court may (from time to time) be invested." would have enabled trustees to have invested funds in their hands under the 11th section of the 23 & 24 Vic., c. 38, were it not limited by the provisions of the 34th section of the 23 & 24 Vict., c. 145. (To be continued.) Review. A Guide to the New Stamp Laws of Mercantile Price THE policy of legislation in the present day, in connexion with the revenue collected from the stamp duty attached to mercantile documents, has been to substitute a smaller amount of duty on each document requiring a stamp; but the class of instruments formerly exempt from such a charge, and now subject to a stamp, are much increased. It would have been desirable had this change been carried into effect by one legislative measure; but. unfortunately, such a course has not been adopted. The inconvenience to the community of having to travel through a number of Acts of Parliament to The foregoing sections do not require any ex- ascertain the particular amount of the stamp the position beyond their own terms, the latter being learned editor of the work mentioned at the head document may require, is very great, indeed. The an extension of that growing desire to assist of these observations, tells us, in his Prefaceand relieve trustees in the discharge of their one- “Their number is more than three hundred ;" and rous duties. This section does not give to trus- though some of these have been repealed, it is, betees the power of investing trust funds, in their yond doubt, an inconvenient course to throw on the mercantile class the labour and responsibility hands, in the stocks, funds, or securities, which may of determining the law applicable to the particular be selected by the Lord Chancellor, unless the in-case. Under such circumstances, the " Handy We have here a long complicated clause, which, as regards England and Ireland, enacts nothing which was not perfectly provided for by the exist Book" before us is certainly one to be recommended to the use of the mercantile, as well as of the legal professions. The arrangement of the several documents requiring to be stamped is alpha-ing law. By the 20 & 21 Vict., c. 43, either party betical, and, under each head, the law, with the leading decisions on each subject is shortly and clearly set forth. The Adulteration of Articles of Food or Brink. 23 & 24 VIC. C. 34. (Concluded from page 160.) The 6th section gives a right of appeal to the quarter sessions in the usual manner. The 7th section contains some special provisions relating to appeals under the statute. It enacts that If any such conviction, or judgment, or order of forfeiture shall happen to be made within six days before any general or quarter sessions of the peace shall be held for the city, county, town, or place wherein such conviction shall have been made, the person who shall think himself aggrieved by any such conviction may, on entering into a recognizance in manner and for the purposes before directed, be at liberty to appeal either to the then next or next following general or quarter sessions of the peace which shall be held for any such city, county, town, or place wherein any such conviction shall have heen made, on giving six days' notice to the complainant of his intention to appeal. This section was intended to enact something or other, or it would not have found its way into the statute, and what it does enact is a sheer absur dity. It enacts this: If a party is convicted of an offence within six days of the next quarter sessions, he may nevertheless appeal to such sessions if he gives six days's notice of his intention. Now, how a man who has been convicted less than six days before the day of the sessions is to give six days' notice of those sessions, we must leave the authors of this statute to explain. The 8th section enacts that Any person who shall have been convicted by any justices or sheriff substitute of any offence punishable by this Act in respect of the selling any article of food or drink which shall have been manufactured according to any process patented before the passing of this Act either by the patentee or owner of the patent, or by any person carrying on his business, or otherwise claiming under him during the continuance of such patent, may, instead of appealing to the general or quarter sessions of the peace or sheriff of the county, apply in writing within five days after such conviction to the justices or sheriff substitute, to state and sign a case for the opinion of one of the Superor Courts of law thereon, in like manner as under the statute 20 & 21 Vict. c. 43, he might have applied to the justices to state and sign a case, and thereupon all such proceedings shall take place upon and in relation to such application, and all such provisions shall be applicable thereto, as would have taken place upon and in relation thereto, and been applicable thereto under the provisions of the said last-mentioned Act; and in Scotland, for the purposes of such appeal the justices or sheriff substitute may state and sign a case for the opinion of the Court of Session in like manner as the justices in England and Ireland may for the opinion of the Superior Courts of law under the said Act, and the Court of Sessions shall have in relation thereto the like powers as the Superior Courts have under the said Act, and all the other provisions of the said Act shall be applicable to such appeals. might, after the determination of a complaint by justices, apply to the said justices to state and sign a case for the opinion of one of the Superior Courts of law. This statute is as applicable to a decision of justices under the Act now the subject of these remarks, as it is to any other and as the provisions of such Act are expressly to be followed in proceed. ings under the present Act, it is exceedingly difficult to know what object the Legislature had in passing this section in its present shape. There are, certainly, two or three points of difference: namely, first, the time for applying for a case is five days under the present Act, instead of three days under the 20 & 21 Vict., c. 43-a difference gravely to be censured, as introducing great variety upon a matter of practice where it is not required; secondly, the right to require a case to be stated is conferred only upon the party convicted, whereas under the 20 & 21 Vict., c. 43, it is given to either party; thirdly, the kingdom of Scotland is brought within its operation, it not being within the operation of the 20th & 21st Vict., cap. 43; but this could have been provided for by half a dozen words, and it must be remembered that the section only applies to a conviction in respect of the selling of any article of food or drink which shall have been manufactured according to any process patented before the passing of the Act. It will be observed that the justices below and the court above have no greater powers and duties than those conferred and imposed upon them by the 20 & 21 Vict.. c. 43, and therefore a case can only be stated where it is suggested that the decision is alleged to be erroneous in point of law. The 9th section enacts that In England the provisions in the Nuisances Removal Act for England, 1855, as to procedure, and the provisions of the Act 11 & 12 Vict. c. 43, intituled "An Act to facilitate the performance of the duties of justices of the peace out of sessions within England and Wales, with respect to summary convictions and orders," and in Scotland, the ordinary rules regulating the procedure of justices of the peace, so far as the same are respectively applicable, shall extend and apply to cases arising under this Act in England or Scotland; and all moneys arising from penalties under this Act in any county, city, district, or borough where there are analysts appointed under this Act shall, when paid or recovered, be paid in England and Ireland to the vestry, district board, commissioners, county treasurer, or town council for such county, city, district, or borough respectively, to be applied for the general purposes of such vestry, district board, commissioners, county, city, or borough respectively, and to the collector of rogue money for each county in Scotland. In endeavouring to execute the provisions of this section, very great perplexity will arise. When the Legislature passed the 11 & 12 Vict., c. 43, it intended that statute to form a code of practice for all cases (with few exceptions) to be dealt with upon summary conviction. There is nothing in the present statute of an exceptional character or requiring the application of a procedure different from that provided by the above-named Act. Why, therefore, parties are to be driven to consult the |