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CONTENTS-REPORTS.

Portsmouth County Court--Professional costume

which we desire to notice here, and they are legal

Gentlemen applying to be admitted as Attorneys

Joint-Stock Companies Winding-up Acts

education and the amalgamation of the two

Creditors under 12 & 2 Vict. c. 315...

Unclaimed Stock and Dividends in the Bank of England

branches of the Profession.

TOUSE OF LORDS.

Some time since,

GOSSIP (app.) r. WRIGHT AND OTHERS (resps.).

THE BENCH AND THE BAR:-

opinion was very strongly expressed in favour of

Mortgage-Sale by mortgagor to mortgagee-Right of re-

Court of Chancery

purchase within limited time

amalgamation, and the authority of a Judge

MAGISTRATE AND PARISH LAWYER:

IN PARLIAMENT.

was cited in favour of it. Now we observe that

MIDLAYD AND LONDOX AND NORTH-WESTERN RYILWAY

Notes of New Decisions......

Portemouth Borough Police Conrt-The Petroleum Acte 11 amongst solicitors there is a growing inclination

COXPASIEN BILL-

Abandoument of railway Competition-Through routes... 276

Portsmouth Petty Sessions-The Wine and Beerhouse Act

1809

12

to doubt the expediency of such a proceeding.

Abandonment Bil-Competing line-Traffic arrangements 279

REAL PROPERTY LAWYER:

One thing we would remark. It is vain to cite

COURT OF APPEAL IN CHANCERY.

Notes of New Decisions

12

ALLEY. JARVIS; JARVIS 2. ALLEN-

New York as an example for us to follow. We

Accounts-Solicitor-Bills of costs .....

JOINT STOCK COMPANIES' LAW JOURNAL:--

have had it from the lips of a New York advo-

ALTON 7. HARRISON; POYNER 7, HARRISON

Notes of New Decisions

13

Fraudulent deed-Security to creditors-Possession by

cate that the English system is the best. The

debtor notwithstanding conveyance of whole of his pro-

COUNTY COURTS

perty.

282 County Court Imprisonment".

13 relation existing between counsel and solicitor

Re THE LONDON AND COUNTY GENERAL AGENCY ASSOCIA-

Huntingdon County Court-Distress damage feasant

13 gives independence to both, and we think the

TION (LIMITED) ; er parte PULBROOK-

CORRESPONDENCE OF THE PROFESSION

13

Practice-Order settled-Appointment for passing........... 283

ultimate conclusion will be this-give a good

NOTES AND QUERIES ON POINTS OF PRACTICE

ROLLS COURT.

14 legal education to both branches, and make a

Re BARNED'S BAXKING COMPANY (LIMITED); COUPLAND'S

;

THE LAW LIBRARY....

15

call to the Bar a matter of no difficulty to soli-

CASE-

Company-Winding-up-Creditor holding collateral secu.

LAW SOCIETIES:

citors.

rity

Metropolitan and Provincial Law Association

286

16

PEARCE MORRIS

Law Students' Debating Society

17

Vortice- Acceptance by mortgagee of amount tendered THE COURTS AND COURT PAPERS:-

-Right to conveyance and title deeds

Can nothing be done to facilitate the business

Court of Common Pleas at Lancaster...

17

RTHE AGRICULTURIST CATTLE INSURANCE COMPANY ;

Central Criminal Court

18 in the Court of Chancery? A case has come

Dixos'. CASE-

Cause List for Michaelmas Term, 1869

18

Company-Contributory--Compromise

288

within our personal knowledge where a friendly

GRIFFITH F. THE CAMBRIAN RAILWAY COMPANY

PROMOTIONS AND APPOINTMENTS

19 administration suit, commenced three years ago,

Land taken by rallway company-Unpaid vendor-Decree

THE GAZETTES

290

19

for specific performance

is not yet concluded. There was only one

V. C. STUART'S COURT.

BIRTHS, MARRIAGES, AND DEATHS

20

doubtful point of law, which was determined by

SKIDNORE F. BRADFORD

Advancement-Obligation --Contract to purchase............. 291

the VICE-CHANCELLOR in six months. The

V.C. MALINS' COURT.

To Readers and Correspondents. estate was in securities readily convertible into

BORTOX . EARL DARNLEY-

Practice-Ward of court concealed-Evidence as to resi.

money, and there were no debts to be collected.

dence of ward

292

All anonymous communications are invariably rejected.

An accountant would have settled the whole

RAY BOTILAM. SENIOR-

All communications must be authenticated by the name

Practice-Ward of court-Solicitor's privilege

293

matter in two months. But for three years the

and address of the writer, not necessarily for publica-

V.C. JAMES'S COURT.

tion, but as a guarantee of good faith.

parties entitled under the will have been kept

Re KEARSLEY'S TRUSTS-

out of interest as well as principal, and if they

Wi--Construction -Vested interest

294

had been poor must have starved while the

COURT OF QUEEN'S BENCH.

Er parte WX. SMITH

CHARGES FOR ADVERTISEMENTS.

estate was being slowly wound-up. Delay

Criminal information-Libellous article in a newspaper

Four lines or thirty words.

38, 60

pending an inquiry

294

means costs, and so, besides the being kept out

Every additional ten words

Os. 60.

EXCHEQUER CHAMBER.

Advertisements specially ordered for the first page are swallowed up in costs.

of their money, they find a large share of it

EERRAR T. THE COMMISSIONERS OF SEWERS FOR THE CITY

OF LONDOY-

charged one-fourth more than the above scale.

Why should not the

Damage by public works--Claim of compensation for Advertisements must reach the office not later than Court of Chancery appoint official trustees to

City of London Sewers Act 1848 (11 & 12 Vict. c. clxiii.)... 295

five o'clock on Thursday afternoon.

wind-up estates of testators and intestates, pre-

COURT OF PROBATE,

BLACK + JOBLING-

cisely as official liquidators wind-up joint-stock

Will not forthcoming-Codicil admitted to proof-Revo-

cation

companies. We know of no greater improve-

208 SUBSCRIPTION TO THE LAW TIMES.

IN THE GOODS OF A. Hick-

Paid in advance :-

ment in the practice of the law than this

Will-Revocation by memorandum-Administration........

300

£ 8. d.

IS THE GOODS OF D. JENKINS-

2 13 0

would be.

Testamentary suit-Minor-Guardian ad litem

.................. 300

Half-a-year

1 7 6

NISI PRIUS.

On credit or for separate numbers :-

PALKER .

HE SOUTH-EASTERN RAILWAY COMPANY.

On Thursday the Telegraph published an article

Single numbers (stamped)

0 1 1

SMITH W. SAME-

Liability of railway companies for misconduct of their

on what it calls the opening of the Westminster

(unstamped)

0 1 0

servants upon their premises

Double numbers stamped)

301

0 1 ñ season, in which it refers to the evils of profes-

BASBOBY W. DICKWORTİ-

(unstamped)

0 i 6 sional advocacy. “But," it said, “there is no

Siander-Privileged communication...

302

use in moralising about it. So long as there is

SHERIFF COURT OF LANARKSHIRE.

GIBSON AND ANOTHER . HILLSTROM AND OTHERS-

THE

wickedness or injustice in the world-so long as

Charter-party-"Ay near thereunto as she may safely get"

-Capacity of harbour

302

there are two sides to a question-so long as

IRISH ELECTION PETITIONS.

communities must be governed by law-so long

YoUGHAL ELECTION PETITION-

must we have advocates who will take either one

Bribery-Offers of money-Watchers

306

side or the other. Civilised men know this--

uncivilised man is not so sure about it.” "A

LEADING ARTIOLES, SUMMARIES, In the Queen's Bench on Thursday the LORD curious fact is,” our contemporary adds, “ that

CORRESPONDENCE, &c.

CHIEF JUSTICE remarked as to the jurisdiction

the very men who are so ready at a moment's

TO CORRESPONDENTS

1 of juries in cases of libel, that the publication is warning to make the worst appear the

better

cause

LEADING ARTICLES :-

are, in private life, emphati-

to be left to them in its entirety, and the court

Topics of the Week

The

will be slow to upset their verdict. But that in cally men of honour and integrity.”

The late Mr. Daly

The Land Law Question

awarding damages they must not allow their object of such an article is mysterious-the

The Ballot in Practice

Judicial Yonexsance and Misfeasance

virtuous indignation to carry them into excess

conclusion extraordinary. It would be quite

New Trals ar d Appeals

so as not only to give the persons attacked com-

as “curious” a fact for us to discover that

The Tenant Right of Ulster

Digest of Shipping Law Cases

pensation, but to punish the offending publisher. leaders on particular sides of party questions,

writers in public journals who are paid to write

The Effect of Civil War upon Contracts

The First Day of Term in the Olden Times

This, his Lordship remarked, was not the object

Judicial Statistics

of actions of libel.

are gentlemen in society. We are certain that

ELECTION LAW-

no one ever supposed that the paid espousal of

Notes of Yew Decisions

The Middlesex Registration

SA MARRIED lady has passed an “eminently satis- particular sides, whether legal or political,

Court of Queen's Bench-The cost of election petitions.. factory examination,” and been admitted to the society. To assume for a moment that it should

makes men the less honourable members of

ESTATE AND INVESTMENT JOURNAL -

Bar of Iowa.

Stock and Share Markets

seems us to be absurd.

Pablic Companies

Reports of Sales.

10 The Metropolitan and Provincial Law Associa-

SOLICITORS JOURNAL :-

tion have had a most successful meeting at The County Courts Chronicle draws attention to

Notes of Xew Decisions

Jadgex Chambers-Taxation of costs

10 York, but there are only two subjects discussed a decision of the Judge of the Reading Count

VOL. XLVIII.-No. 1388.

9

9

Court, that a governess dismissed without proper adapted to almost any course which it might therefore, that it would not content the people notice is entitled to salary in lieu of notice, and ultimately be deemed advisable to adopt, we anywhere. in addition the payment of her board and lodging have no doubt that it represents very nearly the It is upon this as the basis that, according to during the period of the required notice. “We decision of the whole Cabinet, or of the most the Times, the Government plan is to start, think,” it remarks, “that this is a very just de- influential section of it, and, therefore, the plan with modifications which must be deferred for cision, but some persons may not quite compre- thus propounded deserves the most attentive consideration next week. hend upon what principle of law it rests. A consideration.

In the meanwhile, Mr. CAIRD, whose authority governess is not a menial servant, with regard

The Times commences, as is usual in minis. on such a subject is very high, has published a to the rule as to dismissal : (Todd y. Kerrich, terial speeches, when submitting a measure to plan which appears to be eminently sober, sen8 Ex. 151; 22 L. J. 1, Ex.) The menial servant Parliament and the country, with a statement of sible, just, and practicable, and we propose to may be dismissed according to the rule which various ways in which it is proposed to deal with examine it side by side with the plan foreprevails. Those in the position of governesses the question, and these it classifies under four shadowed by the Times, and see which is to be are outside this rule, and whilst they should do heads. Three of these, it says, " embrace the preferred, or if a good measure might not be all they can to enter into another service various plans for regulating the conditions of framed out of both. (Hochester v. De la Tour, 2 E. & B. 690 ; 22 L. J: tenancy, while the fourth embraces those for 458, Q. B.) there would appear to be no doubt abolishing tenancy, more or less gradually, and THE BALLOT IN PRACTICE. that damages would be recoverable in respect of

substituting proprietorship." the cost of subsistence during the time in which

The ballot box is put forward as a panacea for she ought to have been retained in the service. like solution,” might it not have said the most election. Certainly it would cure some ; but

The Times admits that "the most business- the acknowledged evils that attend a popular We are not aware that the point has been expressly decided before. If it has we should be honest solution;" would be “ a revision

of the would it not beget others and greater ones ?

existing law, with a view to encourage written That is the question. glad to be referred to the case.” agreements and all other arrangements con

If the vote by ballot was an untried novelty, ducive to good cultivation, on the basis of it would be permissible to argue it upon assumpTHE LATE MR. DALY.

voluntary contract,” guaranteeing compensation tions, probabilities, and conjectures. But in

to tenants for improvements made with the land- asmuch as it is no novelty, but is in actual A CASE has now come before us which illus. lord's consent. But the Times objects to this operation in many countries, why should it not trates some remarks which we recently made on honest and business like method of dealing with be argued by reference to the positive experience the want of cohesion amongst the members of bargains made between two private persons, that of its actual working where it has been adopted the Bar. Mr. David BINGHAM Daly died it would not give security of tenure. But is and had a fair trial? What should we say of a during the long vacation, and has left his wife that a substantial objection? Does an agree- press or a people who debated the question of and children dependent upon the result of an ment between B. and Ć. for the use of an article, Parliaments without reference to their operation appeal—an appeal which ought not to be neces- land, money, or chattel, for a stated term, give to in the countries that already possess them. Yet sary, and would not be necessary if an institution the borrower any claim whatever, moral or is this the course taken by almost all who write similar to the Solicitors' Benevolent existed otherwise, to the use of it for a longer period ? and speak on the subject of the ballot. They amongst the members of the Bar. This appeal, The security against wanton eviction is the argue as to what it will do, and what it will not however, we feel in duty bound to bring pro- interest the landlord has in keeping a good do, in German fashion, from their own inner minently before the Profession. The circum- tenant, and the loss that always more or less consciousness, in apparent ignorance that there stances attending Mr. Daly's last days were attends a removal, especially if he has to pay is an abundance of facts to determine their particularly melancholy. His wife became for improvements effected by the tenant. It is judgments and illustrate their arguments, and mentally affected before his death, and his certain that a landlord would not evict a good that in this, as in other cases, a grain of fact is children are now practically orphans. " It is earnestly hoped,” it is said, « that this tenant, and would it not be intolerable tyranny worth a bushel of conjecture and hypothesis. to prevent him by law from removing a bad

Wherever the ballot is used, we hear the appeal to the legal profession and to the friends tenant?

same complaints of fraud. There is never an of Mr. Daly may be the means of raising such The next mode, says the Times, is that which election in Australia but the local newspapers a sum as, properly invested, will suffice to re

would extinguish tenancies at will, and convert teem with indignant assertions that the returns lieve his family from their present distress, the farmers into leaseholders. The objections have been procured by some indirect practices. and to provide for the children's being pro: to this are patent. It invades the rights of pro- Bribery is an invariable theme of the news. perly educated and placed out in life. Of

perty. If landlord and tenant prefer to reserve paper critics, and if the unanimous verdict of Mr. Dale's capabilities as an advocate we

the privilege of parting at any time desired by the countries who have tried the ballot may be do not presume to speak. but to his genial themselves, upon what principle of justice are accepted as evidence, it does not in the least manner, his kindliness of heart, his many they to be prevented from doing so ? That the degree prevent bribery, but rather encourages it, excellent qualities, whether as husband, father, Irish tenants prefer a holding from year to year by the facilities it offers, and the impunity it friend, or member of society, we trust we may to leases, is proved by the fact that there are few secures. In France there is universal suffrage refer as constituting strong claims upon the leases, the objection always coming from the and vote by ballot; yet what do we see daily sympathy and assistance of those with whom he tenant, and not from the landlord, and the thundered by the journals that oppose the was professionally or personally brought in con. reason is, that tenants do not like to be bound by Government; is it not one long and loud denuntact. The Right Hon. Russell Gurney, the covenants of a lease, which would be enforced, ciation of the influence of the local officials Recorder of London, Mr. MontaguE CILAMBERS, and they prefer to rely upon the generosity of exercised on behalf of the Government candiM.P., Q.C., and Mr. Thomas CHAMBERS, M.P., the landlords.

date ? But if the ballot really gives the proQ.C., the Common Serjeant, have kindly con- But the agitators tack to their demand for tection that is asserted by its advocates, will sented to allow their names to be used as long leases that the rent should be fixed by they explain how it comes to pass that French references, and to act, with other subscribers, as valuation. Why should property in land be electors, voting by ballot, are controlled by the a committee. Subscriptions, in the mean time, exempted from the ordinary rule which prevails officials? and why the real opinion of France is may be paid to the credit of the “ Daly Fund," at with all property—the liberty of contract? not elicited at the ballot-protected elections ? the Chancery-lane Branch of the Union Bank of None can so well judge what land is worth as the Turn to America, and what do we see? PreLondon."

parties who want it. If B. is willing to give cisely the same complaint as in France. The We are glad to see that already a handsome 51. more than C., why should C. be preferred and ballot secures neither freedom of voting nor response bas been made to this appeal, but much B. denied ? That question is always argued as honest returns. Bribery is rife at all elections ; more is required for the attainment of the if it was between the landlord and tenant only; only the bribe is not hard cash, but the offices desired end.

when it is, in fact, still more a question between that are in the gift of the Government and

rival tenants. Five men want a farm; which facilities for jobbing with private Bills, familiarly THE LAND LAW QUESTION. shall have it? The one entitled to it is he who known there by the expressive name of LobbyThe Times, in an article manifestly inspired, is willing to give the most for it. Say that a ing. But this is not the sum of the vices under the transparent pretext of a prophecy as law should compel a farm to be let at a rent which flourish under the vote by ballot; there to what the Government will probably do, mani- fixed by a valuer, which of the five is to be pre- is a worse wrong still than either we have festly publishes to the world what is intended ferred? And are not the four who have more named. The ballot box itself is abused. to be done. Neither the combined Cabinet, nor enterprise and capital wronged by their rejec- Detailed narratives of the tricks played with it, any member of it, would so far depart from tion, they being able, as well as willing, to pay are continually coming to us across the Atlantic, what is perhaps a necessary etiquette, as to write more rent, because, being better farmers, they reported not by prejudiced strangers but by a letter or make a speech indicating the scheme can make more profit?

their own newspapers. In proof of this we take of a measure that is not yet in definite shape, The third suggested manner of dealing with the following from the American correspondent or anticipate the communication which the Par- the question is the adoption throughout Ireland of the Times, published only last week ; and we liament expects to be first made to itself. But of what is called the Ulster tenant right, a ask if this lesson of actual experience is not of it is not uncommon for such hints to be con- holding of which no definite description has been more worth and weight than any number of veyed to the journals as will enable them to given by anybody, but which appears to be a arguments by those who have not seen it in try the ground before the Ministers commit vague kind of understanding between landlord operation ? themselves. Thus they are enabled to ascer- and tenant that the tenant shall not be removed The autumn elections in Pennsylvania, Ohio, tain the current of public opinion in time so long as he pays his rent, and that he shall be and Iowa, were held on the 12th of October, and to defer to it; they learn how far they can privileged to sell what may be called the good resulted in a Republican victory by a reduced venture, and what they dare not attempt: will of his tenancy to an incoming tenant. But majority in each state. The total vote cast was debate is provoked, and arguments and sugges- this is merely a custom, not always observed, light, being about one-fifth less than that cast last tions are offered on either side of which the and looks indeed to us very much like the privi- November at the Presidential election, showing Government may avail itself, and the equal lege almost permitted by reasonable landlords to that there was considerable apathy among the danger of falling short of the general opinion, the outgoing tenant to make the incoming the Republicans now get about 30,000 ; in Ohio,

people. In Iowa, where Grant had 46,359 majority, or going beyond it, is avoided.

tenant pay for half dressings, ploughed land, where Grant had 41,428, the Republican majority From the manner in which the Times handles and sown crops. But just now there is spring. now is from 5000 to 8000; and in Pennsylvania, the subject, and the suddenness with which it ing up in Ulster itself a similar agitation to that where Grant had 28,898, the Republicans now have has arrived at a judgment upon it, after beating which exists elsewhere against the Ulster tenant barely 4000. The Republicans explain these re. about the bush for several weeks with articles right as insufficient, and it may be presumed, duced majorities by stating that they are a natural

6

If a

consequence of a reduced aggregate vote; but without proof of malice. Therefore we have NEW TRIALS AND APPEALS. there is evidently more to cause the falling off two classes of cases, first, the failure or refusal THE Social Science Congress, amongst its other than this. In Pennsylvania the Democrats allege to perform a public duty, and, secondly, the multifarious proceedingsturned its attention that the Republican majority is produced by wrongful performance of such duty. This latter to “certain defects in County Courts." frand, the Republicans having the entire class may be subdivided into (1) where the act paper on this subject was read by Mr. SHER

A control and manipulation of the returns. In Ohio the battle was

for and against the is a mere error of judgment, and (2) where the wood Smith, who took as his text a case which repudiation question, and the near approach act is malicious.

occurred last year, and which we noticed at Pendleton and the Repudiationists made to a Now about the first class there can be no the time. In that case judgment was given victory has had a gloomy effect in the bond doubt, and for a nonfeasance an action lies for the plaintiff, on the ground that he was market, and drooping prices are the result. These against every individual member of a corporate considered_more worthy of credit than the deelections show, what is really the case in America, body. Lord Brougham remarked in the case of fendant. Immediately after the trial, evidence that there is wide-spread dissatisfaction with the Ferguson v. Kinnonul, “ If the law casts any duty was tendered to the defendant proring the dominant party, and President Grant's Adminis. tration being one of the weakest we have had for upon a person which he refuses or fails to per- plaintiff to have sworn falsely, upon which the years, its control of the General and State Govern. form, he is answerable in damages to those whom I defendant gave notice of application for a new ments are the only things that enabled it to gain his failure or refusal injures. If several are trial, but found that through taking that a victory at all in Pennsylvania and Ohio. The jointly bound to perform the duty, they are course, instead of appealing in the first instance, real test of the Administration will come next liable jointly and severally for the failure or re- , he had lost the right of appeal, and that year, when a new

Congress is chosen, and when fusal. If it is a duty, which the majority in although the grievance had increased, all remedy the Republicans, if they do not do much better number is bound to perform, those who by their was at an end. This state of things, Mr. than they are doing, will certainly lose the refusal prevent the greater number from con- Smith considered, called for reform, and that a elections. On the 2nd Nov. 1869, New York, curring, are liable to the party injured ; that is, suitor if aggrieved with the judgment of any Massachusetts, Illinois, Minnesota, and several all those who constitute a majority, such majority court, ought to have a right of appeal to a higher other Sta.es, hold elections, which will pro- committing the nonfeasance, violate the duty one, under any circumstances that might arise. bably tell a further story of popular discon: imposed, disobey the law, occasion the injury, tent, and certainly of popular apathy, for the and are liable for it."

This is a point of some importance. registry of voters in New York and Brooklyn

suitor resorts to his remedy of a new trial, he is scarcely one-half what it was last year. I

As to the second class, we will see when actions waives his appeal as a matter of course, showhave spoken above of Democratic allegations of are barred on the ground that the wrong com- ing a preference for two trials in the inferior fraud against the Republicans. The Republican mitted is a mere error of judgment. We have court to an appeal to the Superior Court. To majority for Governor in Pennsylvania is claimed alrcady referred to Harman v. Tuppenden, which allow a party two trials, and an appeal on the by the Republicans to be about 4000, and was was an action on the case to recover damages first, would be an abuse of legal process. entirely, procured in Philadelphia. Yesterday, against the freemen who were jurors at a cer. what is known as the “ Board of Return Judges tain water court for causing the disfranchisement is good if given within ten days of the day of

As matters at present stand, a notice of appeal in this city, who count the returns, and who are an organisation controlled by the Republicans, met of the plaintiff. The plaintiff, it appeared, had trial; and where a new trial was moved for, it and declared the Republican majority in Phila- broken a bye-law for which he had incurred cer

was held in Foster v. Green (30 L. J. 263, Ex; delphia to be 4400. There was much excitement, tain penalties, and, happening to be personally and writs were got out of the courts to stop their present in the court , he was called upon to show SL. T. Rep. N. S. 390; 6 H. & N. 793), that

the

ten days ran from the day of the motion, and proceedings on account of alleged frauds. They cause why he should not pay the forfeitures; to barricaded the doors and resisted service, so that which, not making any answer, but refusing to question is whether the time for appealing should

not from the day of the trial. The substantial the sheriff had to break the doors open. Evi: pay them, the court proceeded, taking the offence dence was given in court of forged returns, and pro confesso, without any proof, to call on him to

be extended. other manipulations, in one case an entire ward of show cause why he should not be disfran

But in the case noticed by Mr. Smith, an the city , having been omitted; but the Return chised, and they accordingly made

the order. appeal would not have lain in any case. The Judges ” carried out their object in spite of the " This," said Chief Justice Lord Kenyon, new trial was the only remedy, the question court and save the award to their Republican - was undoubtedly irregular, but it was nothing being one of factionless, indeed, there hade friends. To political in America the more than a mistake, and there was no ground evidence were again improperly rejected on the

, but if most disreputable means are resorted to.

to impute any malicious motive to the person
making the order." In a note to this case

new trial, an appeal would lie from the new JUDICIAL NONFEASANCE AND

(p. 563), Drewe v. Coulton, Launceston Spring trial. As we said before it would be absurd to MISFEASANCE.

Assizes 1780, is mentioned, and there Mr. Justice allow a new trial and an appeal from the first There is a very broad distinction between the Wilson said, "If a justice of peace commit any the time for appealing from the first trial to a consequences attaching to nonfeasance and error within his jurisdiction, I know of no case misfeasance in judicial proceedings, and it is a where such an action will lie against him; as if period beyond the new trial. This might cause

much confussion. We conceive, therefore, that distinction which should be kept well in mind. he convict upon evidence which turns out not to And this is the more important because the de- be true, and an action of false imprisonment be what Mr. Smith complains of is not so palpably cided cases make it abundantly clear that torts brought against him, the conviction is conclu- a defect as he appears to imagine. are joint and several, and that the individual sive evidence in his favour. As to the case of a The following is the paper of Mr. SMITH, to members of a court or a corporate body are revenue officer he is a mere volunteer, and there which we refer above : liable for injuries sustained by reason of the fore he is liable for any mistakes he may make." One of the objects of this association being the nonfeasance of the court or corporation of which This is an important point-to what extent is a improvement of the law and its administration, the they form a part. volunteer liable for an error of judgment or mis. writer avails himself of the opportunity it affords

of making known a very serious defect in the law It is a prominent principle that when a person take in the execution of a duty which he assumes has an important public duty to perform he is to discharge ? This question is one which we

of County Courts. In Oct. 1868 an action was bound to perform that duty; and if he neglects shall not now discuss, but simply note the law brought in the County Court to recover 401. or refuses so to do, and an individual in conse- as ty errors of judgment committed by autho- damages alleged to have been sustained by the quence sustains injury that lays the foundation rised persons not acting within their authority. ing the report of a referee as to a tenant's respon.

plaintiff through the defendant falsely representof an action to recover damages by way of com- In Doswell v. Impey, 1 B. & C. 169, Chief Justice sibility. On the trial the plaintiff denied that the pensation for the injury that he has so sustained. Abbott said, speaking of commissioners of bank. language the defendant alleged he had quoted as À famous instance of the application of this rupts, " The general rule of law as to actions of that of the referee, was the language employed, principle occurred in the case of Ferguson v. trespass is plain and clear. If they do any act but words totally different. He also denied that Kinnoul, 9 Cl. & Fin. 251. That was an action beyond limit of their authority they thereby he had levied a distress on his tenant's goods for against the members of a Scotch presbytery subject themselves to an action of trespass ; but rent not due, or had authorised a distress. The for refusing to admit to trial a presentee if the act done be within the limit of their autho- referee, who, up to the time of the trial, had denied of a living, and the presentee claimed rity, although it may be done through an

ever seeing the defendant in his life, in his evi. damages. It was held that the action would erroneous or mistaken judgment

, they are not had called upon him and that he had used with relie against the individual members of the thereby liable to such action.” There it was ference to the tenant, the identical words the plainpresbytery. And here we see the difference held that commissioners of bankrupts were not tiff had denied that the defendant had repeated to between acts merely ministerial and acts which liable for imprisoning bankrupts who in their him. The defendant's version was in part corroboare judicial. It is remarked at p. 281, “ If they judgment faiied to answer satisfactorily the rated by his clerk, who had heard some of the had admitted that gentleman to his trial, and questions put to them.

words the plaintiff had denied, and on this point after taking him upon trial had come to the Underlying these questions is one of some the case hinged. The judge gave a verdict for the that case it would have been a judicial decision, Appointments by statute are of course plain. the trial evidence was tendered to the defendant, conclusion that he was not properly qualified, in moment, namely, what constitutes a Judge. plaintiff, on the ground that he believed him in

preference to the defendant. Immediately after and might not have afforded a ground for sup: In other cases, the question must be one of proving the plaintiff to have sworn falsely with porting an action, although the party should fact. In the case we have cited above, Doswell reference to the distraint, a matter about which have sustained damage in consequence of it.” v. Impey, the commissioners of bankrupts were he could have had no doubt ; and the defendant, So in the case of justices of the peace. If they by statute given a judicial discretion, and so considering that this should give the balance of do something in the exeercise of their office long as they did not exercise that discretion testimony in his favour, acting on the advice of which causes injury, they are protected. Thai maliciously they were protected. What amounts his solicitor, at once gave notice of an application is a judicial act, and may be an error of judg. to a judicial discretion in other cases must be for a new trial. At the hearing thereof the plain. ment. But in a case of non-feasance where for for the court. The subject which we have thus tiff's counsel, not denying that the plaintiff had example they do not take an examination, an cursorily discussed is becoming daily more im

sworn falsely, maintained that it was a point not action lies: (Henley v. Mayor of Lyme Regis

, portant by reason of the increase of corporate material to the issue, and the judge, agreeing 3. B. & Ad. 77.) A case illustrating the dis bodies, and some day it will have to be decided, therewith, refused a new trial. The defendant tinction between mere errors of judgment and more detinitely than it has hitherto been, to what moving for a new trial instead of appealing in the

then determined to appeal, but found that, through wilful tort is that of Harman v. Toppenden, extent their fair exercise of their judicial discre- first instance, he had now lost the right of appeal, 1 East

, 555, which decided that an action does tion extends, and at what limit it becomes and, although the grievance had increased, ali not lie against individuals for acts erroneously necessary to prove malice in an action on the remedy was at an end. The questions raised by done by them in a corporate capacity from which case against the individual members for a mis- this case are very important. It shows an absodetriment happens to the plaintiff-at least not I feasance.

I lute power to be vested in a single judge which is

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Court, that a governess dismissed without proper adapted to almost any course which it might therefore, that it would not content the people
notice is entitled to salary in lieu of notice, and ultimately be deemed advisable to adopt, we anywhere.
in addition the payment of her board and lodging have no doubt that it represents very nearly the It is upon this as the basis that, according to
during the period of the required notice. “We decision of the whole Cabinet, or of the most the Times, the Government plan is to start,
think,” it remarks, “ that this is a very just de influential section of it, and, therefore, the plan with modifications which must be deferred for
cision, but some persons may not quite compre- thus propounded deserves the most attentive consideration next week.
hend upon what principle of law it rests. A consideration.

In the meanwhile, Mr. CAIRD, whose authority governess is not a menial servant, with regard

The Times commences, as is usual in minis. on such a subject is very high, has published a to the rule as to dismissal : (Todd y. Kerrich, terial speeches, when submitting a measure to plan which appears to be eminently sober, sen8 Ex. 151; 22 L. J. 1, Ex.) The menial servant Parliament and the country, with a statement of sible, just, and practicable, and we propose to may be dismissed according to the rule which various ways in which it is proposed to deal with examine it side by side with the plan foreprevails. Those in the position of governesses the question, and these it classifies under four shadowed by the Times, and see which is to be are outside this rule, and whilst they should do heads. Three of these, it says, "embrace the preferred, or if a good measure might not be all they can to enter into another service various plans for regulating the conditions of framed out of both. (Hochester v. De la Tour, 2 E. & B. 690 ; 22 L. J: tenancy, while the fourth embraces those for 458, Q. B.) there would appear to be no doubt abolishing tenancy, more or less gradually, and THE BALLOT IN PRACTICE. that damages would be recoverable in respect of substituting proprietorship." the cost of subsistence during the time in which

The ballot box is put forward as a panacea for she ought to have been retained in the service. like solution,” might it not have said the most election. Certainly it would cure some; but

The Times admits that “the most business- the acknowledged evils that attend a popular We are not aware that the point has been expressly decided before. If it has we should be honest solution;" would be " a revision

of the would it not beget others and greater ones ?

existing law, with a view to encourage written That is the question. glad to be referred to the case.” agreements and all other arrangements con.

If the vote by ballot was an untried novelty, ducive to good cultivation, on the basis of it would be permissible to argue it upon assumpTHE LATE MR. DALY.

voluntary contract,” guaranteeing compensation tions, probabilities, and conjectures. But in

to tenants for improvements made with the land- asmuch as it is no novelty, but is in actual A case has now come before us which illus- lord's consent. But the Times objects to this operation in many countries, why should it not trates some remarks which we recently made on honest and business like method of dealing with be argued by reference to the positive experience the want of cohesion amongst the members of bargains made between two private persons, that of its actual working where it has been adopted the Bar. Mr. David BINGHAM Dale died it would not give security of tenure. But is and had a fair trial? What should we say of a during the long vacation, and has left his wife that a substantial objection? Does an agree press or a people who debated the question of and children dependent upon the result of an

ment between B. and C. for the use of an article, Parliaments without reference to their operation appeal—an appeal which ought not to be neces- land, money, or chattel, for a stated term, give to in the countries that already possess them. Yet sary, and would not be necessary if an institution the borrower any claim whatever, moral or is this the course taken by almost all who write similar to the Solicitors' Benevolent existed otherwise, to the use of it for a longer period ? and speak on the subject of the ballot. They amongst the members of the Bar. This appeal, The security against wanton eviction is the argue as to what it will do, and what it will not however, we feel in duty bound to bring pro-interest the landlord has in keeping a good do, in German fashion, from their own inner minently before the Profession. The circum- tenant, and the loss that always more or less consciousness, in apparent ignorance that there stances attending Mr. Daly's last days were attends a removal, especially if he has to pay is an abundance of facts to determine their particularly melancholy. His wife became for improvements effected by the tenant. It is judgments and illustrate their arguments, and mentally affected before his death, and his certain that a landlord would not evict a good that in this, as in other cases, a grain of fact is children are now practically orphans. “It is earnestly hoped,” it is said, “ that this / tenant, and would it not be intolerable tyranny worth a bushel of conjecture and hypothesis.

to prevent him by law from removing a bad appeal to the legal profession and to the friends

Wherever the ballot is used, we hear the tenant? of Mr. Daly may be the means of raising such

same complaints of fraud. There is never an

The next mode, says the Times, is that which election in Australia but the local newspapers a sum as, properly invested, will suffice to relieve his family from their present distress, the farmers into leaseholders. The objections have been procured by some indirect practices. would extinguish tenancies at will, and convert

teem with indignant assertions that the returns and to provide for the children's being properly educated and placed out in life. Of perty. If landlord and tenant prefer to reserve paper critics, and if the unanimous verdict of

to this are patent. It invades the rights of pro- Bribery is an invariable theme of the news. Mr. Daly's capabilities as an advocate we

the privilege of parting at any time desired by the countries who have tried the ballot may be do not presume to speak. but to his genial themselves, upon what principle of justice are accepted as evidence, it does not in the least manner, his kindliness of heart, his many they to be prevented from doing so ? 'That the degree prerent bribery, but rather encourages it, excellent qualities, whether as husband, father, Irish tenants prefer a holding from year to year by the facilities it offers, and the impunity it friend, or member of society, we trust we may

to leases, is proved by the fact that there are few secures. In France there is universal suffrage refer as constituting strong claims upon the leases, the objection always coming from the and vote by ballot; yet what do we see daily sympathy and assistance of those with whom he tenant, and not from the landlord, and the thundered by the journals that oppose the was professionally or personally brought in contact. The Right Hon. Russell GURNEY, the covenants of a lease, which would be enforced, ciation of the influence of the local officials

reason is, that tenants do not like to be bound by Government; is it not one long and loud denun. Recorder of London, Mr. Montague CHAMBERS, and they prefer to rely upon the generosity of exercised on behalf of the Government candiM.P., Q.C., and Mr. Trojas CHAMBERS, M.P., the landlords.

date? But if the ballot really gives the pro-, Q.C., the Common Serjeant, have kindly con- But the agitators tack to their demand for tection that is asserted by its advocates, will sented to allow their names to be used as long leases that the rent should be fixed by they explain how it comes to pass that French references, and to act, with other subscribers, as

valuation. a committee. Subscriptions, in the mean time, exempted from the ordinary rule which prevails officials'? and why the real opinion of France is

Why should property in land be electors, voting by ballot, are controlled by the may be paid to the credit of the “ Daly Fund," at with all property—the liberty of contract ? not elicited at the ballot-protected elections ? the Chancery-lane Branch of the Union Bank of None can so well judge what land is worth as the London."

Turn to America, and what do we see ? PreWe are glad to see that already a handsome 57 more than C., why should C. be preferred and ballot secures neither freedom of voting, nor

parties who want it. If B. is willing to give cisely the same complaint as in France. The response bas been made to this appeal, but much B. denied ? That question is always argued as honest returns. more is required for the attainment of the if it was between the landlord and tenant only; only the bribe is not hard cash, but the offices

Bribery is cife at all elections; desired end.

when it is, in fact, still more a question between that are in the gift of the Government and

rival tenants. Five men want a farm; which facilities for jobbing with private Bills, familiarly THE LAND LAW QUESTION. shall have it? The one entitled to it is he who known there by the expressive name of LobbyThe Times, in an article manifestly inspired, is willing to give the most for it. Say that a ing. But this is not the sum of the vices under the transparent pretext of a prophecy as

law should compel a farm to be let at a rent which flourish under the vote by ballot; there to what the Government will probably do, mani- fixed by a valuer, which of the five is to be pre- is a worse wrong still than either we have festly publishes to the world what is intended ferred? And are not the four who have more named. The ballot box itself is abused. to be done. Neither the combined Cabinet, nor enterprise and capital wronged by their rejec- Detailed narratives of the tricks played with it

, any member of it, would so far depart from tion, they being able, as well as willing, to pay are continually coming to us across the Atlantic, what is perhaps a necessary etiquette, as to write more rent, because, being better farmers, they reported not by prejudiced strangers but by a letter or make a speech indicating the scheme can make more profit ?

their own newspapers. In proof of this we take of a measure that is not yet in definite shape, The third suggested manner of dealing with the following from the American correspondent or anticipate the communication which the Par- the question is the adoption throughout Ireland of the Times, published only last week ; and we liament expects to be first made to itself

. But of what is called the Ulster tenant right, a ask if this lesson of actual experience is not of it is not uncommon for such hints to be con- holding of which no definite description has been more worth and weight than any number of veyed to the journals as will enable them to given by anybody, but which appears to be a arguments by those who have not seen it in try the ground before the Ministers commit vague kind of understanding between landlord operation ? themselves. Thus they are enabled to ascer- and tenant that the tenant shall not be removed

The autumn elections in Pennsylvania, Ohio, tain the current of public opinion in time so long as he pays his rent, and that he shall be and Iowa, were held on the 12th of October, and to defer to it; they learn how far they can privileged to sell what may be called the good resulted in a Republican victory by a reduced venture, and what they dare not attempt: will of his tenancy to an incoming tenant. But majority in each state. The total vote cast was debate is provoked, and arguments and sugges- this is merely a custom, not always observed, light, being about one-fifth less than that cast last tions are offered on either side of which the and looks indeed to us very much like the privi- November at the Presidential election, showing Government may avail itself, and the equal lege almost permitted by reasonable landlords to that there was considerable apathy among the danger of falling short of the general opinion, the outgoing tenant to make the

incoming people. In Iowa, where Grant had 46,359 majority, or going beyond it, is avoided. tenant pay for half dressings, ploughed land, where Grant had 41,428, the Republican majority

the Republicans now get about 30,000; in Ohio, From the manner in which the Times handles and sown crops. But just now there is spring now is from 5000 to 8000; and in Pennsylvania, the subject, and the suddenness with which it ing up in Ulster itself a similar agitation to that where Grant had 28,898, the Republicans now have has arrived at a judgment upon it, after beating which exists elsewhere against the Ulster tenant barely 4000. The Republicans explain these re; about the bush for several weeks with articles right as insufficient, and it may be presumed, duced majorities by stating that they are a natural

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consequence of a reduced aggregate vote; but without proof of malice. Therefore we have NEW TRIALS AND APPEALS. there is evidently more to cause the falling off two classes of cases, first, the failure or refusal The Social Science Congress, amongst its other than this. In Pennsylvania the Democrats allege to perform a public duty, and, secondly, the multifarious proceedings, turned its attention that the Republican majority is produced by wrongful performance of such duty. This latter to “certain defects in County Courts.” frand, the Republicans having the entire

А control and manipulation of the returns.

class may be subdivided into (1) where the act paper on this subject was read by Mr. SHEROhio the battle was

for and against the is a mere error of judgment, and (2) where the wood Sucts, who took as his text a case which repudiation question, and the near approach act is malicious.

occurred last year, and which we noticed at Pendleton and the Repudiationists made to a Now about the first class there can be no the time. In that case judgment was given victory has had a gloomy effect in the bond doubt, and for a nonfeasance an action lies for the plaintiff, on the ground that he was market, and drooping prices are the result. These against every individual member of a corporate considered more worthy of credit than the deelections show, what is really the case in America, body. Lord Brougham remarked in the case of fendant. Immediately after the trial, evidence that there is wide-spread dissatisfaction with the Ferguson v. Kinnonul, “ If the law casts any duty was tendered to the defendant proring the dominant party, and President Grant's Adminis. tration being one of the weakest we have had for upon a person which he refuses or fails to per- plaintiff to have sworn falsely, upon which the years, its control of the General and State Govern. form, he is answerable in damages to those whom defendant gave notice of application for a new ments are the only things that enabled it to gain his failure or refusal injures. If several are trial, but found that through taking that a victory at all in Pennsylvania and Ohio. "The jointly bound to perform the duty, they are course, instead of appealing in the first instance, real test of the Administration will come next liable jointly and severally for the failure or re- he had lost the right of appeal, and that year, when a new Congress is chosen, and when fusal.' if it is a duty which the majority in although the grievance had increased, all remedy the Republicans, if they do not do much better number is bound to perform, those who by their was at an end. This state of things, Mr. than they are doing, will certainly lose the refusal prevent the greater number from con- Smith considered, called for reform, and that a elections. On the 2nd Nov. 1869, New York, curring, are liable to the party injured ; that is, suitor if aggrieved with the judgment of any Massachusetts, Illinois, Minnesota, and several all those who constitute a majority, such majority court, ought to have a right of appeal to a higher other Sta.es, hold elections, which will pro- committing the nonfeasance, violate the duty one, under any circumstances that might arise. bably tell a further story of popular discon. imposed, disobey the law, occasion the injury, tent, and certainly of popular apathy, for the and are liable for it.”

This is a point of some importance. If a registry of voters in New York and Brooklyn

suitor resorts to his remedy of a new trial, he is scarcely one-half what it was last year. I As to the second class, we will see when actions waives his appeal as a matter of course, showhave spoken above of Democratic allegations of are barred on the ground that the wrong com- ing a preference for two trials in the inferior fraud against the Republicans. The Republican mitted is a mere error of judgment. We have court to an appeal to the Superior Court. To majority for Governor in Pennsylvania is claimed already referred to Harman v. Tuppenden, which allow a party two trials, and an appeal on the by the Republicans to be about 4000, and was

was an action on the case to recover damages first, would be an abuse of legal process. entirely, procured in Philadelphia. Yesterday, against the freemen who were jurors at a cerwhat is known the “ Board of Return Judges

As matters at present stand, a notice of appeal in this city, who count the returns, and who are an of the plaintiff. The plaintiff, it appeared, had trial ; and where a new trial was moved for, it

bain water court for causing the disfranchisement is good if given within ten days of the day of organisation controlled by the Republicans, met and declared the Republican majority in Phila broken a bye-law for which he had incurred cer

was held in Foster v. Green (30 L. J. 263, Ex; delphia to be 4400. There was much excitement, tain penalties, and, happening to be personally and writs were got out of the courts to stop their present in the court, he was called upon to show SL. T. Rep. N. S. 390; 6 H. & N. 793), that

the

ten days ran from the day of the motion, and proceedings

on account of alleged frauds. They cause why he should not pay the forfeitures ; to not from the day of the trial. The substantial barricaded the doors and resisted service, so that which, not making any answer, but refusing to question is whether the time for appealing should the sheriff had to break the doors open. Evi. pay them, the court proceeded, taking the offence dence was given in court of forged returns, and pro confesso, without any proof, to call on him to

be extended. other manipulations, in one case an entire ward of show cause why he should not be disfran

But in the case noticed by Mr. Smith, an the city, having been omitted, but the Return chised, and they accordingly made the order. appeal would not have lain in any case.

The Judges” carried out their object in spite of the court, and gave the award to their Republican

" This,” said Chief Justice Lord Kenyon, new trial was the only remedy, the question friends. To secure political ends in America the “was undoubtedly irregular, but it was nothing being one of fact. Unless, indeed, there had most disreputable means are resorted to. more than a mistake, and there was no ground been improper rejection of evidence, but if to impute any malicious motive to the person

evidence were again improperly rejected on the making the order.” In a note to this case

new trial, an appeal would lie from the new JUDICIAL NONFEASANCE AND

(p. 563), Drewe v. Coulton, Launceston Spring trial. As we said before it would be absurd to MISFEASANCE.

Assizes 1780, is mentioned, and there Mr. Justice allow a new trial and an appeal from the first There is a very broad distinction between the Wilson said, “If a justice of peace commit any the time for appealing from the first trial to a

it consequences attaching to nonfeasance and error within his jurisdiction, I know of no case misfeasance in judicial proceedings, and it is a where such an action will lie against him; as if period beyond the new trial. This might cause distinction which should be kept well in mind. he convict upon evidence which turns out not to much confussion. We conceive, therefore, that And this is the more important because the Je be true, and an action of false imprisonment be what Mr. Smith complains of is not so palpably

a defect as he appears to imagine. cided cases make it abundantly clear that torts brought against him, the conviction is concluare joint and several, and that the individual sive evidence in his favour. As to the case of a The following is the paper of Mr. SMITH, to members of a court or a corporate body are revenue officer he is a mere volunteer, and there which we refer above : liable for injuries sustained by reason of the fore he is liable for any mistakes he may make.” One of the objects of this association being the nonfeasance of the court or corporation of which This is an important point-to what extent is a improvement of the law and its administration, the they form a part.

volunteer liable for an error of judgment or mis. writer avails himself of the opportunity it affords It is a prominent principle that when a person take in the execution of a duty which he assumes of making known a very serious defect in the law has an important public duty to perform lie is to discharge? This question is one which we of County Courts. In Oct. 1868 an action was bound to perform that duty; and if he neglects shall not now discuss, but simply note the law brought in the County Court to recover 401. or refuses so to do, and an individual in conse- as to errors of judgment committed by autho- damages alleged to have been sustained by the

plaintiff through the defendant falsely representquence sustains injury that lays the foundation rised persons not acting within their authority. ing the report of a referee as to a tenant's responof an action to recover damages by way of com- In Doswell v. Impey, 1 B. & C. 169, Chief Justice sibility. On the trial the plaintiff denied that the pensation for the injury that he has so sustained. Abbott said, speaking of commissioners of bank, language the defendant alleged he had quoted as A famous instance of the application of this rupts, " The general rule of law as to actions of that of the referee, was the language employed, principle occurred in the case of Ferguson v. trespass is plain and clear. If they do any act but words totally different. He also denied that Kinnoul, 9 Cl. & Fin. 251. That was an action beyond the limit of their authority they thereby he had levied a distress on his tenant's goods for against the members of a Scotch presbytery subject themselves to an action of trespass ; but rent not due, or had authorised a distress. The for refusing to admit to trial a presentee if the act done be within the limit of their autho- referee, who, up to the time of the trial, had denied

ever seeing the defendant in his life, in his eviof a living, and the presentee claimed rity, although it may be done through an

dence for the plaintiff admitted that the defendant damages. It was held that the action would erroneous or mistaken judgment

, they are not had called upon him and that he had used with relie against the individual members of the thereby liable to such action." There it was

ference to the tenant, the identical words the plainpresbytery. And here we see the difference held that commissioners of bankrupts were not tiff had denied that the defendant had repeated to between acts merely ministerial and acts which liable for imprisoning bankrupts who in their him. The defendant's version was in part corrobo. are judicial. It is remarked at p. 231, “ If they judgment faiied to anower satisfactorily the rated by his clerk, who had heard some of the had admitted that gentleman to his trial, and questions put to them.

words the plaintiff had denied, and on this point after taking him upon trial had come to the Underlying these questions is one of some the case hinged. The judge gave a verdict for the conclusion that he was not properly qualified, in moment, namely, what constitutes a Judge. plaintiff, on the ground that he believed him in that case it would have been a judicial decision, Appointments by statute are of course plain. the trial evidence was tendered to the defendant,

preference to the defendant. Immediately after and might not have afforded a ground for sup: In other cases, the question must be one of proving the plaintiff to have sworn falsely with porting an action, although the party shouia fact. In the case we have cited above, Doswell reference to the distraint, a matter about which have sustained damage in consequence of it.” v. Impey, the commissioners of bankrupts were he could have had no doubt ; and the defendant, So in the case of justices of the peace. If they by statute given a judicial discretion, and so considering that this should give the balance of do something in the exeercise of their office long as they did not exercise that discretion testimony in his favour, acting on the advice of which causes injury, they are protected. Thai maliciously they were protected. What amounts his solicitor, at once gave notice of an application is a judicial act, and may be an error of judg. to a judicial discretion in other cases must be for a new trial. At the hearing thereof the plain. ment. But in a case of non-feasance where for for the court. "The subject which we have thus tiff's counsel, not denying that the plaintiff had example they do not take an examination, an cursorily discussed is becoming daily more im

sworn falsely, maintained that it was a point not action lies : (Henley v. Mayor of Lyme Regis, portant by reason of the increase of corporate material to the issue, and the judge, agreeing 3. B. & Ad. 77.) A case illustrating the disa bodies, and some day it will have to be decided, therewith, refused a new trial. The defendant tinction between mere errors of judyment and more detinitely than it has hitherto been, to what moving for a new trial instead of appealing in the

then determined to appeal, but found that, through wilful tort is that of Harman v. Toppenden, extent their fair exercise of their judicial discre- first instance, he had now lost the right of appeal, 1 East, 555, which decided that an action does tion extends, and at what limit it becomes and, although the grievance had increased, all not lie against individuals for acts erroneously necessary to prove malice in an action on the remedy was at an end. The questions raised by done by them in a corporate capacity from which case against the individual members for a mis- this case are very important. It shows an absodetriment happens to the plaintiff--at least not I feusance.

Ilute power to be vested in a single judge which is

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