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by ARREARS

PRACTICE WANTED Solicitor; London preferred.-Write full particulars in_first_instance to "B. A." (No. 3623), Law Times Office, Bream's-buildings, E.C.

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of COSTS. COSTSMAN
(specialist); arrears from any material; good at
Accounts; open to ENGAGEMENT, temporary or not.-
Nomini (No. 3622), "Law Times" Office, Bream's-
buildings, E.C.

AW. SOLICITOR (23; admitted), town
County Court and High Court work, SEEKS CLERK-
SHIP, town or country."Lex" (No. 3621), Law
Times Office, Bream's buildings, E.C.
AW.-CHIEF CLERK, large provincial
office, SEEKS CHANGE; good experience Common
Law, Conveyancing, Commercial; accustomed to interview,
act on own initiative, and control in absence of prin-
cipals; age 28: £2. 10s.-" M. J." (No. 3623),
"Law
Times" Office. Bream's-buildings, E.C.

LA

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AW.-SOLICITOR (23; recently admitted)
DESIRES CLERKSHIP: sound knowledge of
Conveyancing, Trust, Probate, County Court, Magisterial,
and Tax work; West Riding of Yorkshire or Manchester

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district preferred: salary by arrangement.-Apply
"E. S. M." (No. 3621), Law Times " Office, Bream's-
buildings, E.C.

COURT. CHIEF

AW. COUNTY CLERK of Court entering 1600 plaints yearly DESIRES CLERKSHIP in Court which has a District Registry and Bankruptcy jurisdiction, of which branches he has theoretical knowledge; age 29; manages present office without supervision.-" Ambit (No. 3624), Law Office, Bream's-buildings, E.C.

Times

Admitted) DESIRES CLERKSHIP with view to
AW.-SOLICITOR (25; North Country;

Purchase of Partnership; good experience in several
branches; two years in London office; salary by arrange-
ment.-Apply W." (No. 3624), "Law Times" Office,
Bream's-buildings, E.C.

AW.-COSTS and ARREARS.-BILL

LWERK Shoroughly experienced and capable of

preparing and settling Costs of every description, SEEKS RE-ENGAGEMENT, temporary or permanent.— Lex, 24, Cecil-road, Ilford.

LAW.

CLERK DESIRES ENGAGEMENT; town and country experience; seven years in London office; Shorthand-Typist, Costs, Book-keeping, Engrossing, Plans, and general office work; steady and reliable; good references.- S. W." (No. 3624), "Law Times Office, Bream's-buildings, E.C.

"THE LAW CLERK," monthly, 2d., is the
only Journal devoted to the Interests of Law
Clerks. September issue contains articles on Bogus
Legal Aid Societies, Settlement of Actions, New Rules of
Courts, Portraits of Prize Winners, &c., besides the
following regular features: Chats with Counsel, Prize
Competitions, Notes on Cases, Legal Queries and Answers,
&c., &c. Annual subscription. 2s. 6d., post free-
Specimen copy, 22d., from Manager Law Clerk,"
55, Chancery-lane.

BOROUGH OF CHELMSFORD.
TOWN CLERK.

HE TOWN COUNCIL of CHELMSFORD

THE COUNCIL

and

for the APPOINTMENT of TOWN CLERK.
The gentleman appointed will be required to reside
in the Borough, and to act as Clerk to the Education
Committee and Joint Sewerage Committee,
will be responsible for the keeping of all the
Corporation's accounts. He must devote the whole of
his time to the duties of the office, and not engage in
private practice or hold any other appointment (except,
Pensions Sub-Committee).

Good GENERAL CLERK, appointed. Chemitt the Clerkship to the Borough

enced in Litigation, Costs, and Book-keeping, SEEKS PERMANENCY: country preferred: age 32."O." (No. 3624),. "Law Times" Office, Bream's-buildings,

E.C.

books, with capital and connection, requiring openings. LAW REQUIRED, Head o LAW PARTNERSHIP with

Succession

REQUIRED by Advertiser with ample capital at disposal.-Write "A. D." (No. 3623), "Law Times Office, Bream's-buildings, E.C.

Personal

CLERKSHIP (permanency); good general experience; Conveyancing, Probate, Trust; country preferred; age 36.-"A." (No. 3624), "Law Times" Office, Bream's buildings, E.C.

AW PARTNERSHIP REQUIRED in LAW Chancery and Common Law CLERK

LA

good provincial town by young Solicitor with good experience. Write G. A." (No. 3623), "Law Times Office, Bream's-buildings, E.C.

AW PARTNERSHIP DESIRED by South or West of England preferred.-Write "P. L.' (No. 3622), "Law Times" Office, Bream's-buildings, E.C.

LAWE PARTNERSHIP. SOLICITOR

to gentleman who has £1000 to £2000 immediately available: sound Practice and splendid opening.-Write *L 0. (No. 3622), "Law Times Office, Bream'sbuildings, E.C.

AW PARTNERSHIP or SUCCESSION

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DESIRES RE-ENGAGEMENT; good general experience; capable of acting without supervision; salary moderate.-W. T." (No. 3624), "Law Times" Office, Bream's-buildings, E.C.

AW.-COSTS, ARREARS.-WANTED,

LAW

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Candidates must be certificated Solicitors with good experience of Local Government work.

Offices and staff are provided by the Corporation.
The salary (which is inclusive of all services, Legal,
Parliamentary, or otherwise) is £350 per annum, increas
ing by £10 per annum to £400.

Further particulars of the appointment may be obtained from the undersigned.

The gentleman appointed with be required to commence duty at the earliest possible date after appointment.

Applications, with copies of three testimonials of recent date, inclosed in envelopes indorsed "Town Clerk, should be delivered at my office by not later than 25th September.

W. SMITH, Town Clerk. Municipal Offices, 16, London-road, Chelmsford, 6th September 1912.

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LAW. - PUBLIC SCHOOL MAN (qualified perience, and salary..." (No. 36231, Law Times

unadmitted: 26) DESIRES London
and country experience; Conveyancing, Probate salary
"Law Times
by arrangement.-M. G." (No. 3624),
Office, Bream's-buildings, E.C.

LAW. Experienced COSTS CLERK and
CASHIER, Kain's system (29), DESIRES ENGAGE
MENT; country office preferred. "H." (No. 3624), "Law
Times
Office, Bream's-buildings. E.C.

LAW ADVERTISER SEEKS POST

writing; town and country experience: £2.- Thirty
R. L. (No. 3624), "Law Times Office, Bream's-build-
ings, E.C

SOLICITOR, with continuous

AW.-Admitted SOLICITOR (25; Public LAWndon experience, now with leading firm, DE LAW.

Conveyancing, Probate, High Court, County Court, Muni. cipal, Company, Costs, and other work, owing to principal's prospective Partnership, DESIRES RE-ENGAGEMENT or other Appointment; excellent testimonials and highest references; London preferred: commencing salary £120.-Apply "E. R. R." (No. 3624), "Law Times Office, Bream's-buildings, EC.

(admitted; LAW-Young SOLICITOR (admitted;

Firm, DESIRES CHANGE, town or country; six and a half years' experience, Conveyancing, Probate, Company, Compensation, and General Practice; can undertake Advocacy in Police and County Court.-"W." (No. 3622), "Law Times" Office, Bream's-buildings. E.C.

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Wholesale: OSBORNE, GARRETT & CO.. LONDON, W.

NEVER REQUIRES
GRINDING

7/6

6d.

Kropp Badger Hair Shaving Brush, 5/6, 7/6, & 106

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THURSDAY NEXT.-Periodical Sale No. 963.-Reversion.

THURSDAY NEXT.-Periodical Sale No. 963.-Reversions.

MESSRS. H. E. FOSTER & CRANFIELD

THURSDAY NEXT.-Periodical Sale No. 963.-Reversion.

will SELL by AUCTION, at the MART, E.C., MESSRS. H. E. FOSTER & CRANFIELD

on THURSDAY, SEPT. 19:

The ABSOLUTE REVERSION, receivable on the decease of a lady aged 84, to One-fifth of Trust Funds estimated at about £49,490; also to Two One-thirty-fifths of Trust Funds estimated at £25,830; also to One-sixth of another Trust Fund of the estimated value of about £25,267.-Particulars of Messrs. Parson, Lee, and Co., Solicitors, 24, Lime-street, E.C.; and of the Auctioneers.

THURSDAY NEXT.-Periodical Sale No. 963.-Reversion.

MESSRS. H. E. FOSTER & CRANFIELD

SEPT. 19:

SELL by AUCTION. on THURSDAY,

The ABSOLUTE REVERSION, receivable on the decease of a gentleman aged 75, to One-fifth Share of £3046 Ontario and Quebec Railway Five per Cent. Stock. -Particulars of Messrs. Peele, How, and Stokes, Solicitors, 20, Dogpole, Shrewsbury; and of the Auctioneers.

THURSDAY NEXT.-Periodical Sale No. 963.-Reversion.

MESSRS, H. E. FOSTER & CRANFIELD MESSRS. H. E. FOSTER & CRANFIELD

will by

SEPT. 19:

on

receivable on the The ABSOLUTE REVERSION, death of a lady aged 59, to One-sixth of a Trust Fund of the estimated value of £16,288 6s. 8d.-Particulars of Messrs. Woodcock, Stobart, and Co., Solicitors, Wigan; and of the Auctioneers,

will SELL by AUCTION. on THURSDAY, SEPT. 19:REVERSION, The ABSOLUTE receivable on the decease of a lady aged 68 last birthday, to One-fifth of about £1771.-Particulars of Messrs Toller and Sons, Solicitors, 16, Godliman-street, Doctors' commons, E.C.; and of the Auctioneers.

will SELL by AUCTION on SEPT. 19:

THURSDAY,

The ABSOLUTE REVERSION, receivable on the decease of the survivor of a gentleman aged 73 last birthday and a lady 70 last birthday, to One-twelfth of a Trust Fund of the estimated value of about £15,000.-Particulars of R. C. Bolton, Esq., Solicitor, 10, Old Jewrychambers, E.C.; and of the Auctioneers, 6, Poultry, E.C.

M

PERIODICAL PROPERTY AUCTIONS. ESSRS. H. E. FOSTER & CRANFIELD beg to announce that their PROPERTY AUCTIONS are held at the Mart, Tokenhouse-yard, E.C., on the FIRST and THIRD WEDNESDAYS in every month.

The dates fixed for 1912 are as follows:

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Just Published. Eleventh Edition. Cloth, £2; for cash, £1 128.; postage 9d.

PALMER'S COMPANY

PRECEDENTS.

Part I.-GENERAL FORMS.

Promoters, Prospectuses, Underwriting, Agreements, Memoranda and Articles of Association, Private Com panies, Employés' Benefits, Notices, Resolutions, Certificates, Powers of Attorney, Banking and Advance Securities, Petitions, Writs, Pleadings, Judgments and Orders, Appeals to House of Lords, Reconstruction, Amalgamation, Arrangements. With Copious Notes, and an Appendix containing the Companies (Consolidation) Act 1908 and other Acts and Rules. Eleventh Edition. By Sir FRANCIS BEAUFORT PALMER,

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Bencher of the Inner Temple, assisted by the Hon. REEVES AND TURNER,

CHARLES MACNAGHTEN, K.C., and EDWARD
MANSON, Barrister-at-Law.

* PARTS II. and III. in the Press.

"Despite his many competitors, Palmer holds solely sovereign sway and masterdom, and he does so by reason of his thoroughness, his practical good rense, and his familiarity with the business, as well as the legal side of his subject."—Law Quarterly Review.

STEVENS & SONS LIMITED 119 & 120, Chancery Lane, London, W.c.

GENERAL INDEXES

ΤΟ

LAW TIMES REPORTS.

A

GENERAL INDEX to the SECOND TEN VOLUMES of the LAW TIMES REPORTS (Vols. XI. to XX.) 1864 to 1869. Price 78. 6d. cloth; 10s. half calf. It comprises: I. Index to Plaintiffs: II. Index to Defend. ants; III. Index to Subjects of Cases.

A GENERAL INDEX to Vols. XXI. to

XXX. (1869 to 1874) of the LAW TIMES REPORTS. It comprises: I. Index to Plaintiffs; II. Index to Defend ants; III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78. 6d. cloth; 10s. half calf.

A GENERAL INDEX to Vols. XXXI. to

XL. (1874 to 1879) of the LAW TIMES REPORTS, comprising: I. Index to Plaintiffs; II. Index to Defend ants: III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78. 6d. cloth: 108. half calf.

A GENERAL INDEX to Vols. XII. to L

(1879 to 1884) of the LAW TIMES REPORTS. It comprises: I. Index to Plaintiffs; II. Index to Defendants; III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78. 6d. cloth; 10s. half calf.

A GENERAL INDEX to Vols. Ll. to LX.

(1884 to 1889) of the LAW TIMES REPORTS. It contains: I. Index to Plaintiffs; II. Index to Defendants; III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78. 6d. cloth: 108. half calf.

A GENERAL INDEX to Vols.

LXX. (1889 to 1894) of the LAW TIMES REPORTS. It comprises: I. Index to Plaintiffs; II. Index to Defend. ants; III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78, 6d. cloth; 10s. half calf.

A GENERAL INDEX to Vols. LXXI. to

LXXX. (1894 to 1899) of the LAW TIMES REPORTS. It comprises: 1. Index to Plaintiffs; II. Index to Defendants; III. Index to Decisions Reversed; IV. Index to Subjects of Cases. Price 78. 6d. cloth 108. half calf.

A GENERAL INDEX to Vols, LXXXI. to

XC. (1899 to 1904) of the LAW TIMES REPORTS It comprises: I. Index to Plaintiffs; II. Index to Defend ants; III. Index to Decisions Reversed; IV. Index t Subjects of Cases. Price 78. 6d. cloth; 108. half calf.

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14, Bell Yard, Temple Bar.
(Removed from 3, Bream's Buildings.)
LAW BOOKS SOLD, BOUGHT, OR VALUED.
A Large Stock of

Second-hand Text Books and Law Reports.

STEVENS & HAYNES,

Law Publishers, Booksellers, and Exporters,
13, BELL YARD, TEMPLE BAR, LONDON.
Telegraphic Address: "Polygraphy, London."
P.O. Telephone: No. 221 Central.

Libraries Purchased or Valued.

WANTED:

3, CHANCERY LANE, LONDON, W.C. LAW PUBLISHERS & BOOKSELLERS Dealers in Second-Hand LAW REPORTS and TEXT-BOOKS and LEGAL PORTRAITS. LAW LIBRARIES PURCHASED. (LICENSED VALUERS.)

Books Supplied on the Instalment System
SPECIAL OFFERS.

LAW

TIMES REPORTS, 1874 to February 1912, 75 vols, half calf, nice condition, £30. A Bargain.

LAW REPORTS (The), 1886 to 1908, complete, with Statutes, 170 vols., half calf and calf, sound condition, binding not quite uniform. £45.

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HALSBURY'S LAWS OF ENGLAND. THE DECLARATION OF LONDON

Second-hand Copy in good condition with future
Volumes as issued. Please state price required to:-
THE KELLY LAW-BOOK COMPANY Ltd.

Dealers in all Descriptions of Law Books,
57, Carey Street, Chancery Lane, W.C.
Valuations for Partnerships, &c., upon moderate terms.
Price 58. 6d. post free.
THE

Second Edition.

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MAPRACTICE LAPPERTAINING TO ORIGINAL COUNTY COURTS, EQUITY, and BANK

SUMMONS, with Forms.

HORACE Cox. "Law Times" Office.
Windsor House. Bream's-buildings, E.C.

post free.

CASES.-Published quarterly, price 46.,
HORACE Cox, "County Courts Chronicle
Windsor House, Bream's-buildings, E.C.

"

Office,

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Any contributions that may be sent on approval will be carefully considered by the Editor; but no responsibility whatever can be accepted in respect thereof, although, if unsuitable, every effort will be made to return them, provided that a stamped addressed wrapper is inclosed for that purpose.

The copyright of all contributions (including reports paid for) shall
belong to the proprietors of the LAW TIMES, together with the right
of republication in any form they may think desirable. Apart from
any express agreement that may be made, contributions are only
received and considered on these conditions.
Advertisements, orders for papers, &c., should be kept distinct, and
addressed to the Publisher, Mr. HORACE Cox, "Law Times" Office,
Windsor House, Bream's-buildings, E.C.

TO SUBSCRIBERS.-PREPAYMENT TERMS OF SUBSCRIPTION.
United Kingdom.
WITHOUT REPORTS.
For One Year
7 For Half-Year
Foreign.

..........

WITH REPORTS.

For One Year

.£2 14 0

For Half-Year

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WITH REPORTS.

For One Year

For Half-Year

.........

WITHOUT REPORTS. £3 0 0 For One Year 1 10 0 For Half-Year

£2 2 0 110

£2 4 1 2 2

Portfolios for preserving the current numbers of the LAW TIMES, price
58. 6d. LAW TIMES REPORTS, price 3s. 6d.
Parcels of Volumes for binding should be sent to the Publisher, Law
TIMES Office, Windsor House, Bream's-buildings, E.C.

TO ADVERTISERS.-SCALE OF CHARGES FOR ADVERTISEMENTS.
Four lines of 30 words or £ s. d.
less than 30 words in
body type

One page Half page

3 6 One column 6

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Each additional line Advertisements ordered for a series of three insertions are charged 10 per cent. under scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 1s. per line, minimum 5s. No series discount. Advertisers whose reference is under initials to this office, should remit ed. additional to defray postage in transmitting replies to their Adver tisements.

Advertisements must reach the office not later than five o'clock on Thursday afternoon, and must be accompanied by a remittance. Post-Office Orders payable to HORACE Cox.

Vol. 133.-No. 3624.

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IN the first two volumes of the detailed abstracts of the census returns the several administrative areas and registration areas were dealt with. Vol. 3 contains figures for the Parliamentary areas, and the statistics. therein contained show the great divergence that exists in proportional representation. These extreme variations are no doubt due to the varying rates of increase in population, but none the less do they show the urgent necessity for a new redistribution. To take the two extremes, in eight constituencies the population representative is less than 20,000, while there are no less than eighty-three constituencies in which the population is upwards of 100,000 per member. The total number of electors in 1911, exclusive of the universities, was 6,386,679-that is, on an average, one elector among 56 persons in the country; while among all the constituencies the City of London is unique in having more electors on the register than it had persons enumerated within its area on census night, there being 19,657 population as compared with 30,988 electors. There are, however, some 364,061 persons engaged during the day in that area.

Conclusions from the Figures.

WE to a great extent agree with the conclusions of the Registrar-General and his assistant as to the chief points brought out by an examination of the figures. They state them to be: "(1) The lack of identity between Parliamentary and any other areas in the kingdom, and (2) the degree to which the relation between population and representation established in principle by the Act of 1885 has been disturbed by the growth and movement of the population since that date. It is hardly to be anticipated that complete corre

Second Sheet.

spondence between Parliamentary and administrative areas could be permanently maintained, even if temporarily secured by a new scheme of redistribution; since the needs for further alteration would be found, in the future as in the past, to vary widely in the two cases. It is to be hoped, however, that in any future rearrangements of Parliamentary areas it may be possible to base these areas upon, and build them up from, conveniently sized units in the shape of pre-existing administrative. areas; the urban or rural district, the civil parish, or the ward, as the case may be." Redistribution is therefore clearly an immediate need.

UNEXPLAINED

DISAPPEARANCE OF SEAMEN DURING VOYAGE.

IN a recent issue (ante, p. 98), we discussed the change in the law relating to the compensation of seamen injured by "accident arising out of and in the course of " their employment that was effected by the passing of the Workmen's Compensation Act 1906 (6 Edw. 7, c. 58). Thus, for example, any seaman who meets with an accident when returning to his ship is now, as appears from our article, rendered capable of seeking relief by way of compensation. In the event of death resulting from such an accident, his dependants may be justified in making a claim of that nature. This is shown by the numerous decisions that formed the subject of that article. Similarly, in the case of accidents that happen when seamen are actually on board. Should "personal injury by accident," answering all the statutory requirements, then befall them, they or their dependants, as the case may be, may claim to be compensated.

Furthermore, their unexplained disappearance from their ships in the course of a voyage may likewise give rise to such a claim by their dependants. And that accidents of that description are of no uncommon occurrence is demonstrated by several cases that have come up for decision. To the ordinary landsman, indeed, it must be little short of a relevation that this kind of accident to seamen is one that is so apt to take place, even though not caused by anything in the nature of what are regarded as the usual perils of the sea. For the cases that have called for determination by the courts are doubtless merely occasional instances of a melancholy repetition, in multifarious shapes and guises, of an identical calamity. An examination of the circumstances detailed in the decisions that have been reported by us in which the unexplained disappearance has occurred indicates, in the clearest manner, the view that is taken by the courts in respect of that mystery.

The natural and irresistible conclusion to be drawn from the fact that a seaman has disappeared from his ship in the course of a voyage, and while the ship is actually at sea, is either that he has fallen overboard accidentally and been drowned, or that he has done so intentionally-committed suicide, in short-or has been murdered by being thrown overboard. But allowing that the first alternative is what truly occurred, it is not at all a necessary consequence—as is manifested by the decisions on the subjectthat the dependants of the seaman will be awarded compensation. A seaman's drowning in such circumstances does not raise a prima facie inference that he met with an " accident arising out of and in the course of" his employment. For although the statutory requirement that the seaman's death shall have resulted from an injury by "accident" may have been completely satisfied, and likewise that the accident arose "in the course of" his employment, it by no means follows that the same arose also "out of" that employment. And the cardinal principle that has again and again been enunciated in workmen's compensation cases is that the onus lies on the person who claims compensation to prove both those requisites.

That principle was nowhere more distinctly and definitely expressed in cases in which the dependants of a deceased seaman were concerned than in McDonald v. Owners of Steamship Banana (99 L. T. Rep. 671; (1908) 2 K. B. 926). It was there laid down by the Court of Appeal that where a claim for compensation is made by the dependant of a deceased workman under the Act

of 1906, it is for the applicant to prove affirmatively that the workman's death was due to "personal injury by accident arising out of and in the course of the employment" of the deceased. It is not enough to prove that the deceased was in the employment of the respondents, and that the accident happened during such employment. In other words, there is no presumption in favour of the applicant; and if the only evidence that is obtainable is equally consistent with either view the application fails. What was said by Lord Collins-then Sir Henn Collins, M.R.—in Pomfret v. Lancashire and Yorkshire Railway Company (89 L. T. Rep. 176; (1903) 2 K. B. 718) was thus applied. The whole burden of proving the conditions essential to the obtaining of an award of compensation rests upon the applicant and upon nobody else. That, as Lord Collins remarked, was precisely the position that was dealt with by the House of Lords in Wakelin v. London and South-Western Railway Company (55 L. T. Rep. 709; 12 App. Cas. 41).

In the Irish case of Gatton v. Limerick Steamship Company (1910, 2 Ir. Rep. 561), the same principle was adopted. The burden of proving, said the court there, that an accident arose out of and in the course of the employment rests on the applicant, even when claiming as a dependant of a deceased workman.

The first case that came before the Court of Appeal of a claim for compensation by a dependant under the Act of 1906, because of the unexplained disappearance of a seaman during a voyage, was that of Bender v. Owners of Steamship Zent (100 L. T. Rep. 639; (1909) 2 K. B. 41). While the ship in which the seaman -who was its chief cook and baker-was employed was on the high seas he fell overboard and was drowned. The weather was perfectly calm at the time; it was daylight, and the ship was steady. There was no evidence to show how the deceased had fallen overboard. It was held by the Court of Appeal, reversing

the decision of the County Court judge, that the dependant of the deceased seaman had failed to discharge the onus that was upon her, there being no justification for inferring that the accident out of " the employment, because it was admitted that it happened "in the course of" it.

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Of some importance is it to refer to the statement of the opinion of Lord Justice Fletcher Moulton-as he then was-in that case, in regard to the fact that there was nothing to account for the loss of the seaman-no storm or other peril of the sea. "If," said the learned judge (at p. 641 of 100 L. T. Rep.), " on a stormy night one of the watch of a ship was found to be missing, I should have very little difficulty in drawing the inference that the most natural cause of the accident was the increased danger to which the seamen were subjected by having to do the duty of a seaman on watch in such perilous circumstances." The accident apparently in a case of that sort would, according to his Lordship's opinion, be one that arose "out of " the employment of the seaman as well as in the course of " it.

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The view that was expressed by the learned judges of the Court of Appeal in McDonald's case (ubi sup.) and Bender's case (ubi sup.) was given full effect to by the House of Lords in Marshall v. Owners of Ship Wild Rose (103 L. T. Rep. 114; (1910) A. C. 486). The facts of that case were as follows: Between ten and eleven on a hot night, while a ship was lying at a wharf in a tidal basin in Aberdeen Harbour, her first engineer rose from his berth and went on deck for the purpose, as he said, of obtaining a breath of fresh air. It was found that he had disappeared from the ship, and his dead body was discovered the next day in the water close to a part of the ship where the evidence showed that he was in the habit of sitting on the rail. There was, however, no evidence as to how he got into the water. The majority of the House of Lords (dissentiente Lord Loreburn, L.C. and Lord James of; Hereford) affirmed the decision of the Court of Appeal that it was not a necessary inference from the facts that the deceased met with an accident arising "out of" his employment.

It will be observed that in the foregoing cases of Bender v. Owners of Steamship Zent (ubi sup.) and Marshall v. Owners of Ship Wild Rose (ubi sup.), the accident which happened to each of the "workmen " in question there occurred when he was not in any way engaged in the discharge of his duties in his capacity

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