of a neutralised State, but with the assumption of the attitude of neutrality by any State a member of the league. President Wilson's exposition of one of the ends which must be conceded to the allies before peace, as stated by him on the 4th July, makes neutrality wholly impossible within the range of a League of Nations. That aim he defines as "the establishment of an organisation of power which shall make it certain that the combined power of free nations will check every invasion of rights and serve to make peace and justice the more secure by affording a definite tribunal of opinion to which all must submit, and by which every international adjustment that must be amicably agreed upon by the people directly concerned shall be sanctioned.' A neutralised State and the attitude of neutrality are also excluded inferentially by Mr. Asquith's outline of a League of Nations on the 25th Sept. 1914: "Belgium, Holland, Switzerland, and the Scandinavian countries, Greece and the Balkan States, must be recognised as having equally as good a title as their more powerful neighbours, more powerful in strength and wealth, exactly as good a title to a place in the sun."

IRISH NOTES.

A COUPLE of difficulties of substance have arisen in the preparation of the new voters' lists in Ireland, a solution of which has not up to the present been found. One is that in many counties claims were made in the Irish language, which made examination and revision in some counties impossible. The change of names, when ordinary names are rendered in Irish, is remarkable. Thus G bson becomes (rendering it as near as possible in English characters) MacGulla Bride, and so on. The officials in the office of the registration officer were unable in some instances to make anything of these returns, and it is understood in many cases the forms were treated and rejected as illegible. In other cases the registration officer employed clerks who understood Irish to translate the claims into English, and they were so printed in the claimants' lists. It is said it will be claimed on behalf of many of these persons that they will ask to be registered in the Irish equivalent of their names, and that a test case will be taken upon the point to the Court of Appeal. The point will not be altogether new. In 1905 the King's Bench Division in McBride v. McGovern (1906, 2 Ir. Rep. 181; 40 Ir. L. T. Rep. 76) held that it was not a compliance with the statute requiring persons to have their names printed on vehicles used in public places in legible characters to have the names given in Irish. The decision was that on the true construction of the statute the words "legible characters" therein mentioned mean such legible English letters as are now in use, and that the provision is not complied with by painting the name and residence of the owner on the vehicle in Irish letters.

THE other matter is a difficulty of a different kind. The number of claims and objections in several counties have enormously exceeded expectations, and the clerk of the peace, who is the registration officer in Ireland, will be wholly unable to deal with them. Some figures have been published which are really astonishing. In County Tyrone, for example, there are 84,571 claims, and the objections are over 120,000. The registration officer must, under the rules contained in the Representation of the People Act 1918, notify claimants and persons objected to when and where the claim or objection will be considered by him, and this work alone would put a severe strain upon his department. Then he must sit and hear the case in the presence of the parties. There is no power in the Act or rules to appoint any officer to assist the clerk of the peace, or any deputy to do part of the work. Under sect. 44, which applies the statute to Ireland with the modifications therein set out, it is provided (sub-sect. 3 (c) that in the event of any vacancy in the office of registration officer, or in the event of the registration officer's incapacity to act, the powers and duties of the registration officer may be exercised and performed by any person temporarily appointed in that behalf by the Lord Chancellor.' This does not meet the case of an officer wholly unable to cope with the work or to discharge his duties within the time limited by the statute. The lawyers are now considering whether the provision in sect. 46 (3) of the Act applies, under which, where a difficulty arises in the preparation of the first register, the Local Government Board may step in and by order direct anything to be done which appears to them necessary for the proper preparation of the lists.

THE work of the summer assize courts will come to an end this week in all cases except that of the North-East Circuit, where the civil business in Belfast will occupy the judges until the end of the first week in August. The addresses of the judges to the

grand jurors were followed by the public with keen interest. On the whole, the state of the country was often much worse, as regards crimes and outrages, though Ireland has not been in such an unsettled condition for fifty years. In Cork County, which covers a large area, Mr. Justice Moore said that seventy-four raids for arms disclosed a regrettable state of affairs. The best way, said his Lordship, to put down that class of offence was to rouse the public conscience. Mr. Justice Kenny in Kildare congratulated the county on its peaceable condition, and in Carlow Mr. Justice Kenny said there had been very little criminality in the county, which was the most quiet and orderly in all Ireland. There were not, continued his Lordship, any raids for arms, no drilling, no person in the county under police protection, and no necessity for the introduction of the military. In nineteen counties up to the present their state as regards public order has been declared satisfactory.

name.

OUR LITERARY COLUMN.

CHITTY'S LAW OF CONTRACTS.
A BIBLIOGRAPHICAL NOTE.

WITH certain families law appears to flow in their veins. Generation succeeds generation of the same race, and all alike become prominent in the Profession; so that of them it has been aptly said that if they were not born in the purple they were certainly born in the law calf. To this class belongs in a preeminent degree the Chitty family, whose legal record, chiefly in the domain of authorship, can only be characterised by Dominie Sampson's "Prodigious!" The founder of the dynasty was Joseph Chitty, sen., whose industry and versatility as a legal writer were amazing. Taking all law as his province, he poured out book after book on all departments of the science, and these, notwithstanding the ravages of time, the relentless march of legislation and judicial decision, are yet, many of them, of considerable practical utility. Not only was he distinguished as a copious writer on law, he was likewise a barrister of extensive practice, in whose chambers a succession of notable lawyers were trained. His name, too, is assured of remembrance seeing that it is collocated with those of his contemporaries, Barnewell, Alderson, Bylee, and Smith, in that famous chapter in Pendennis where Thackeray throws a fresh halo of romance around the cloistered courts of the Temple. Of Joseph Chitty's four sons, all followed in his professional steps, each adding not a little to that stately pyramid of legal literature which has become associated with the At the moment we are concerned only with the eldest son, Joseph Chitty the younger, and, as the Christian name of both father and son was the same and both were prolific writers, confusion has occasionally arisen in identifying the work of each. Of the younger Chitty the biographical details available are of the scantiest. Admitted a student of the Middle Temple in 1813, he never was called to the Bar, but for many years practised under the Bar as a special pleader. In the Law List his name appears among the special pleaders from 1822 till his death in 1838. Like his father, he took early to writing. In 1820 he brought out his valuable work on The Prerogatives of the Crown, in the preface to which he becomes almost poetical when he says that "the prerogative is not the iron tie of unbridled power; it holds the subject in the silken chain of mild subjection for the general and permanent welfare of society; and as a general principle it affords the Sovereign the liberty of restraint only when the public good is the object in view. As the powers and rights of the King are inseparably connected with the dearest rights and liberties of his people; as their interests and their obligations are mutual, it is incumbent on the subject desirous of knowing his own duties and rights to ascertain the exact extent and limits of the duties and prerogatives of his Sovereign. Indeed, so intimately, yet beautifully, are they interwoven that in discussing the latter the former must necessarily be considered." Being the first and indeed the only treatise in English law specially devoted to the subject of the prerogative, it is a little surprising that no new edition has ever been undertaken, more particularly of late, when references to the inherent rights of the Crown have been frequent.

In 1826 appeared the first edition of the Law of Contracts, the only one of Chitty, jun.'s, works which has been kept alive. Copies of this edition are extremely rare. None of the libraries of the Inns of Court possesses it; it is not in the British Museum, nor is it in the catalogue of Harvard Law School, which has few lacunæ in the range of English legal literature. On the other hand, a copy is in the Advocates' Library, Edinburgh, and another is possessed by the Law Society, Chancery-lane, by the courtesy of whose librarian the present writer has been permitted to examine it. It is a small volume, consisting only of 397 pages

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in the preface to which the author mentions that he has purposely excluded from the scope of the book special topics such as bills of exchange and insurance, and has limited it to those matters connected with simple contracts which are of common occurrence in business, and consequently of the highest practical utility. It appears to have been the first treatise to present a general survey of the law of contracts in one volume, and as such it was welcomed by the Profession; and the fact that an edition, "with corrections and additional references by a member of the Massachusetts Bar," was issued in the United States in 1827 showed that its usefulness was widely recognised. After an interval of eight years a second edition was called for. In the meanwhile Chitty had obviously gone much deeper into the subject than when he was preparing the first edition. Almost on every page of the 1834 issue we see traces of wider reading, and that not confined to English contributions to the discussion of the subject. The great French jurist Pothier, whose writings have long been recognised as masterly contributions to jurisprudence, had been studied by Chitty, and numerous references to his work occur throughout this treatise. Altogether the second edition showed a marked advance on the first, whether the book is regarded as a statement of principles or as a repository of information available for the practising lawyer. Unlike some other legal writers, Chitty did not regard his duty as performed by seeking to adjust judicial differences by the simple expedient of interposing the conjunction "but" between two irreconcilable headnotes. He attempted to explain the ratio decidendi of the cases he cited, and he did not hesitate to criticise decisions which appeared to him to be unsupported by principle. As it proved, this edition. was the last for which he was responsible. The third edition came out in 1841 under the care of his brother, Tompson Chitty, of the Middle Temple, who, like the other members of the family, was also diligent with his pen. A considerable increase in bulk is again noticeable, for, although the new editor retained as much as possible of the author's text, some portions had of necessity to be largely amplified to keep the work up to date.

In 1850 the fourth edition made its appearance under the supervision of John A. Russell, of Gray's-inn, who for the next thirty years was associated with each successive issue. In these various editions-that is, from the fourth to the eleventh inclusive-it is interesting to trace not only the changes necessitated in the text, but likewise the various honours that came to the editor. We find him at different times described as Professor of English Law in University College, London; Solicitor-General for the County Palatine of Durham; Recorder of Bolton; and, finally, County Court judge. For the eleventh edition, published in 1881, the index was prepared by the editor's son, Mr. Charles Alfred Russell, whom we all remember as Mr. C. A. Russell, K.C., with an extensive practice in local government matters and who retired from practice only a few years ago. While the work was still under Judge Russell's care several American editions were brought out. One of these, that of 1874, ran into two substantial volumes, the editor, J. C. Perkins, LL.D., mentioning in his preface the following testimony given it by Professor Whiteside: I ought not to omit to recommend Chitty on Contracts. The book is skilfully arranged, clearly written, the cases well classified and most fully collected. For both the student and practitioner this work is equally useful, instructive, and necessary." Chancellor Kent also praised it, and our own Samuel Warren, of Ten Thousand a Year fame, likewise gav it his blessing.

A new editor's name appears on the title-page of the twelfth edition, which came out in 1890. This was the late Mr. J. M. Lely, whose editorial activities were boundless. With him was associated Mr. Nevill Geary (now Sir William Geary), who a year or two later wrote an admirable little volume on the Law of Marriage and Family Relations. Considerable changes were effected by the new editors; among these being the greater subdivision of the text, the introduction of topics formerly excluded, the provision of a table of contents at the commencement of each chapter, and a reference given to all the reports in the table of cases. Another new feature which was dear to Mr. Lely's heart was the enumeration of various points in the law of contract which, in his view, called for legislative intervention. For example, he considered it difficult to square the following wellaccepted principle of law with the ordinary rules of morality "If A. undisputedly owes B. £100, and B. agrees to take and takes £90 in full satisfaction of the debt, B. can nevertheless sue A. for the remaining £10." Most laymen would agree with Mr. Lely and would certainly not entertain an exalted idea of B.'s rectitude in the given case, but the law allowed, and still allows, him to claim his £10 in the circumstances assumed.

Six years later-that is, in 1896-Mr. Lely brought out the thirteenth edition, which again involved numerous changes in view of the passing of the Partnership Act, the Sale of Goods Act, and various other statutes. Some further suggestions for

remedial legislation were put forward, and the edition had for the first time a short bibliographical note prefixed in the followng terms: "The first and second editions of this work were brought out in 1828 and 1834 respectively by Mr. Joseph Chitty, of the Middle Temple (the compiler of Chitty's Statutes of Practical Utility), and the third edition by Mr. Thompson Chitty in 1841. The subsequent editions, up to the eleventh inclusive, were brought out by His Honour Judge J. A. Russell, Q.C. between 1850 and 1881. The twelfth was brought out by the present editor and Sir William Geary in 1890." No fewer than three slips are noticeable in this note. In the first place, the first edition appeared in 1826, not 1828-this error was corrected in the subsequent issues; secondly, the author of Chitty on Contracts was not the compiler of Chitty's Statutes of Practical Utility; and, thirdly, the Christian name of the editor of the third edition was Tompson, not Thompson. The next edition, published in 1904, again under Mr. Lely's editorship, reproduces the foregoing note with the correction of the date of the first edition. On this occasion the editor adorned his title-page with the two following mottoes: "Boni Judicis est ampliare Justitiam (Lord Mansfield) and "Keep your Contracts" (Selden). Again, too, we have a list of suggested amendments of the law, finishing up with this somewhat naïve note: "The Marine Insurance Bill, the Prevention of Corruption Bill, and the Married Women's Property Act Amendment Bill should be passed as soon as possible in the next session of Parliament." As it happened, the suggestions in this note have proved almost the only ones which have received attention. Mr. Lely's successor in the editorship of Chitty's Statutes, Mr. Hanbury Aggs, was thanked for assistance in this edition, especially in connection with the subject of damages.

In 1907 Mr. Lely died, and Mr. Wyatt Paine, who has written on bailments, and has edited several editions of Clerk and Lindsell's Law of Torts, succeeded him as editor of Chitty, and has been responsible for the fifteenth and sixteenth editions, issued respectively in 1909 and 1912. In the fifteenth edition the first motto selected by Mr. Lely was replaced by one taken from Cicero, "Justitia fundamentum est fides," while in the sixteenth edition that again gave place to another from Cicero, "Lex est ratio summa, insita in naturâ, quæ jubet ea quæ facienda sunt, prohibetque contraria." In each of these editions, which well maintained the great traditions of the famous legal classic, Mr. J. R. McIlwraith, of the Middle Temple, gave assistance in the preparation of the index and tables of cases and statutes.

Throughout the long period in which Chitty on Contracts has been before the Profession, the names of Sweet and Maxwell have been associated with it, in its earlier issues coupled with the names of Edinburgh and Dublin law publishers, and in the latest issue with that of the Carswell Company of Toronto. J. S. H.

GENERAL INTELLIGENCE.

SINKING OF MERCHANTMEN.
(By the Attorney-General.)

THE aim of the Germans is perfectly clear: they are anxious by fair means or foul to destroy our shipping and cut off our food supplies and means of communication. On the other hand, our policy is also perfectly clear: to apply all our strength, energy, and resources to increase our shipping and make good our past losses. The winner in this race will be the victor in the war; and all who help to win this race surely help to win the war.

One of the most vital questions of the present war, from the point of view of international law as well as of belligerent conduct, is the destruction of merchantmen. The practice of destroying them has in this conflict been carried to an extent far greater than in any previous war, and unparalleled losses have been inflicted on the subjects of belligerent and neutral States alike. The Germans, whose unconscionable principles in warfare generally are avowed by their oft-repeated watchwords-ruthlessness and frightfulness (Schrecklichkeit)—have, in maritime war particularly, resorted to the unprecedented policy which is likewise summed up in their own words-spurlos versenken, that is, to sink without leaving a trace.

This policy of the enemy, adopted both on land and at sea, is known to us all, and has aroused the indignation of the civilised world; it was the chief factor that brought the United States in, who found it impossible to stand by any longer in view of the repeated violations of the long-established laws of war, the universal principles of right, and the dictates of humanity, which are recognised by all but madmen and savages.

Now, so far as enemy warships are concerned, it is admitted that a belligerent is entitled to attack, capture, or destroy them anywhere on the high seas and in his own or the enemy's territorial waters, at any time, and without notice. But enemy merchantmen must not be treated in such a summary and drastic fashion. In the first place,

they are not combatants; secondly, they may actually belong to a class of vessels expressly exempted by customary and written law from capture and destruction-for example, coast fishing vessels, vessels engaged in scientific, philanthropic, or humanitarian expeditions, cartel ships, mail boats, and also hospital ships; thirdly, enemy merchantmen may have neutral persons and neutral cargoes on board, seeing that neutral passengers are equally permitted to sail in a belligerent's merchant ships, neutral crews are allowed to take service thereon, and neutral merchants have the right to ship innocent cargoes in them.

In these circumstances a belligerent commander is on the one hand entitled and on the other bound to visit and search an enemy merchantman or other non-combatant vessel. Before resorting to forcible measures he must ascertain her true character, the nationality of passengers and crew on board, and the nation and destinations of her cargo. Of course, should she refuse to heave-to when summoned to do so, or offer resistance to visit, he may then attack her. But if she obeys the summons and permits examination, then as soon as he finds her to be an enemy merchantman he may take possession of her and carry her as a prize into his country's ports for the purpose of bringing her before a Prize Court for adjudication. A prize does not strictly become the captor's property until after due condemnation by a properly constituted Prize Court.

But what if the captor cannot possibly take his prize into his ports owing to their great distance, the dangerous nearness of the enemy's naval forces, the unseaworthy character of the captured vessel, or the impossibility to spare a prize crew? In such cases he may sink the prize, but only after making proper provision for the safety of the passengers and crew, the ship's papers, and the innocent cargo on board. If he cannot make this provision, he must release the vessel. Thus, it follows necessarily from this rule that a submarine may not be employed against any maritime craft other than actual fighting ships or commissioned auxiliaries of the enemy; for obviously a submarine cannot fulfil the indispensable condition of making adequate provision for the safety of the passengers and crew.

It is clear, therefore, that, apart from considerations of fairness and humanity, the sinking of merchantmen without warning, without examination, and without providing means to save the lives and innocent cargo on board, is in law a gross crime. As such it is punishable; due reparation may eventually be demanded and compensation exacted for all who have suffered loss thereby in property and for the dependants of those who were lost. FREDERICK SMITH.

SPANISH ESPIONAGE BILL.

THE Spanish Espionage Bill has passed the Senate and is now subject to much hostile comment in the Press, but there is little doubt that Germany is well represented in sections of the Spanish Press. The preamble of the Bill points out that, since the beginning of hostilities, the Spanish Government has maintained Spain's attitude of neutrality, and succeeded, notwithstanding the insufficiency of the law, in preventing undesirable agitation, but, the situation having become worse, the Government has found it necessary to seek powers to guarantee that Spain's neutrality shall be respected by all residing in Spain, whether Spanish subjects or foreigners. The provisions of the Penal Code are inadequate to ensure the rights and duties of neutrality, and to repress, with necessary promptitude and severity, excesses of language, which have unfortunately become so frequent of late, producing a state of moral unrest, to which it is needful to put an end.

Art. 1. Whosoever in Spanish territory shall communicate to a foreign Power or its agents information affecting the neutrality of Spain, or prejudicial to another foreign Power, shall be sentenced to imprisonment and a fine of from 500 to 2000 pesetas. [A peseta is equivalent to about ninepence halfpenny, or, to be precise, 9.513d.]

Art. 2. The Government is authorised to prohibit the publication, dispatch, transmission, or circulation of any news it may deem contrary to the respect due to the neutrality or the security of Spain. Anyone who infringes any of the regulations made by the Government in virtue of this article shall, if he do not incur a severer penalty under the existing law, be subject to the maximum term of arrest, or the medium term of imprisonment, or a fine of from 500 to 100,000 pesetas, or both.

Art. 3. Whosoever on the occurrence of important events abroad spreads reports, which may cause alarm in Spain, shall be liable to the penalties provided in the preceding article.

Art. 4. Whosoever by word of mouth, or by writing, print, drawings, photographs or engravings, by caricature, or in any other way, seeks to discredit or expose to hatred, or contempt, the head of a foreign State, or a foreign nation, Government, or army, shall be sentenced to the imprisonment or fine provided in art. 1, or both.

Art. 5. The Cabinet, if it deem it necessary for the better execution of the foregoing provisions, shall have power to establish a censorship of printed matter (newspapers, reviews, books, drawings, engravings, photographs, &c.), whether national or imported into Spain, containing news, comments, or other matter dealing with the war. The Government censorship shall be limited exclusively to the above-mentioned subjects, and the circulation of the publications shall be permitted after the suppression of the censored articles.

Art. 6. The Government shall have authority to seize printed, illustrated, and other matter prohibited under the previous articles, although no judicial proceedings have been taken.

Art. 7. The offences defined and punished under the present law shall be dealt with solely at the instance of the Public Prosecutor, acting on instructions from the Government, by judges and courts of ordinary jurisdiction, which shall be competent under the common rules of law. Art. 8. The present law shall come into force on the day following its promulgation, and the Government shall be able to announce the date when it shall cease to be in force.

WAR AGRICULTURAL VOLUNTEERS AND WAR WORK VOLUNTEERS.

1. The following scheme has been announced by the Minister of National Service under which men may volunteer for special war work :— (a) War Agricultural Volunteers.-Men may volunteer if in Grade 3 (whatever their age) or if over 45 years of age (whatever their grade). The only men who will be accepted are men who have had some previous experience, not necessarily recent, of agricultural work, or men who, although without such experience, are regarded as suitable for agricultural work. Men now employed whole time in agriculture or in an accessory industry are not eligible. Application for enrolment should be made to an Employment Exchange or to a County Agricultural Executive Committee.

(b) War Work Volunteers (Class 2).-Men may volunteer if in Grade 3 (any age), if in Grade 2 and over 35 years of age on January 1st, 1918, or if over 45 years (any grade) on January 1st, 1918. The men are in the main required for semi-skilled and unskilled kinds of labouring work of exceptional national urgency, and also as substitutes for younger men of high medical grade. The "Z" Class will be open until September 1st, when the position will be reconsidered.

(c) War Work Volunteers (Ordinary Class).-Men may volunteer who are in Grade 3 (any age) or, if over 45 years of age on January 1st, 1918, in Grade 2. These men will also be used for semi-skilled and unskilled work, but for work of less urgency and such as calls for a lower degree of physical development than in the case of Class Z Volunteers. They are also required for substitution purposes.

For the purposes of this scheme, the former medical categories may be accepted instead of a grading, namely-Grade 1 = A; Grade 2 Categories Bi and Ci; Grade 3 Categories Bii, Cii, Biii, and Ciii.

=

=

2. Full particulars of (a), (b) and (c) may be obtained at Employment Exchanges and, as regards (a), from the County Agricultural Executive Committees also. The principal conditions, other than those stated above, are as follows.

War Work Volunteers will undertake either (1) to accept work of national importance in such establishments as may be named by the Minister of National Service and to remain in such employment during the War for so long as required by the Minister, but not exceeding twelve months in all; or (2) to accept employment on a particular piece of work of national importance.

War Agricultural Volunteers will undertake to do agricultural work either (1) generally or (2) locally, and in each case to remain at such work during the war for so long as is required by the Minister, but not exceeding twelve months in all.

All these classes of volunteers are entitled in certain circumstances to subsistence allowances or travelling allowances, and to out-of-work allowances.

A man will be enrolled as a volunteer only after he has actually been accepted by an employer to fill a definite vacancy for which the employment of a volunteer is authorised.

A man will not, ordinarily, be enrolled if, before he offers himself for enrolment, a notice calling him up for military service has been issued to him and is still current. A special concession was made to men of the new military ages to whom a calling-up notice had been sent and who applied on or before the 6th instant to become enrolled.

Subject to what is stated later as to men dealt with by Tribunals, a man enrolled as a volunteer will be given a protection certificate, to remain in force so long as he continues to be employed as a War Work Volunteer or as a War Agricultural Volunteer.

3. A man will not be given a protection certificate as a volunteer if, before his enrolment as a War Work Volunteer, or before he has completed his form of application for enrolment as a War Agricultural Volunteer, he has been finally refused exemption by a Tribunal and has no further Tribunal rights.

If in any case before them the Tribunal consider that a man who is eligible will serve the country better as a War Agricultural Volunteer or -a War Work Volunteer than with the Forces, they should adopt the following procedure :

:

(1) The case should be adjourned for a period not exceeding one month in order that the man may offer himself for enrolment. As previously stated, he will not be enrolled until he has been definitely placed in a post. The period of one month should be extended only for good reason and if the delay is not due to the man's fault, and, in any case, for not more than a further fourteen days.

(2) If the man becomes enrolled, the Tribunal may then grant him exemption on the condition that he continues in employment as a War Agricultural Volunteer or a War Work Volunteer, as the ase may be, with the following exception.