A terminable lease is not liable to these dangers in the same degree, and when it runs out there is an opportunity of readjusting the amount of rent to all the ever-varying circumstances of the country, as well as to the alteration in the value of money. Alike in the interests of landlords and tenants, it will be long it is to be hoped before a system of perpetual leases is introduced, all the advantages of which can be much more readily, and without any of the risks, attained by the combination of farmers to purchase estates and divide them among themselves. "The magic of property" will then no doubt stimulate improvement and increase the productivity of the soil, but perpetual leases will only hang a millstone for ever round the neck of many an industrious farmer. -I am, etc.

T.

Review.

Reports of Scottish Appeals in the House of Lords, A.D. 1851 to 1873: with Tables of all the Cases cited, Notes, and copious Index. By JAMES PATERSON, M.A., Barrister-at-Law. Two vols. Edinburgh: T. & T. Clark. 1879.

THESE two portly volumes, extending to over two thousand closely printed pages, form a vast repertory of legal case-lore. They originally formed, as we are told in the preface, part of the last twenty-three volumes of the "Scottish Jurist," and they differ from the other reports principally in having not only the opinions of the judges, but the arguments of counsel as well. This is a very important feature, and especially useful in reports of appeal cases. In many instances these arguments are essential to a full understanding of the case, and they are always of use as being models. of pleading, and the way in which a case ought to be stated. The giving of these arguments is not, however, the only noticeable feature about the reports now before us: we would direct the reader's attention to several matters of detail in the arrangement of the volumes which make them specially valuable. We have, to begin with, a table of cases reported, which contains not only the names of the cases, but a short statement of the principal subjects on which they bear. The reports themselves then come, after which are given some short notes to several of the cases; whether it would not have been better to put those notes at the foot of the page below the case to which they refer, especially as we do not notice any reference to them in the case itself, is a matter on which there may be some difference of opinion. It is troublesome to turn over so many pages on the chance of finding some additional information about

a case; however, there the notes are, and though short we have no doubt they will be found suggestive. A table of Scottish cases cited in the reports next follows, accompanied by a separate table of English cases; when such cases have been more than merely cited, but commented upon, approved or doubted, special attention is directed in the table to that fact, so that the reader knows whether he will find a case merely quoted or specially dealt with in the course of an argument or judgment. A very full and elaborate index of matters, forming quite a digest in itself, concludes the book. The name of Mr. Paterson is itself a guarantee that the work is well done; nothing seems to have been left out that could in any way tend to the elucidation of the cases, or that would make reference to them more easy. By the help of the excellent tables and index which we have mentioned the reader can go at once to the case or subject of which he is in search. The reports are a valuable addition to the case-law of our country, and we are sure that before long every practising lawyer will have them at his hand.

The Month.

The Coroners' Bill.-The following evidence was given before the Select Committee of the House of Commons appointed to inquire into this bill, upon the 15th ult. :—

Dr. Douglas Maclagan, Professor of Medical Jurisprudence in Edinburgh University. He stated, in answer to the Chairman, that he was consulted by the Crown authorities on medical affairs, but held no appointment under the Crown. He was fully conversant with the practice which prevailed in Scotland with reference to the initiation of criminal prosecution, and detailed at some length to the Committee that upon the Procurator-Fiscal lay the responsibility to make an inquiry with regard to the cause of sudden death in the street, and the steps which would be taken to have the body identified and the cause of death made known. The choice of medical men for this purpose lay entirely with the Procurator-Fiscal. In ordinary cases of sudden death the medical man who had attended the deceased in his lifetime would be sufficient to certify the cause of death, because the result would be in all probability what might have been expected from the nature of the disease; but where there was any suspicion of foul play attached, an independent medical man would be appointed by the Procurator-Fiscal to make a post-mortem examination of the body. In a case of this kind where suspicious circumstances were Involved, he did not think there was any positive authority to compel the medical man to go and examine the body should he not desire to do so, but as a general rule there was never any refusal. If it should be necessary for him to have evidence which might tend to show who had committed the crime, it was necessary for him to go to the Sheriff and get a warrant to summon witnesses. The expenses of medical men appointed to make an examination of a body were regulated. The fee was a guinea for attending the precognition before the Procurator-Fiscal, and two guineas for making a post-mortem examination, but the fee for chemical analysis was a separate affair. The VOL. XXIII. NO. CCLXX.—JUNE 1879.

person who ordered the analysis would be the Lord Advocate if he were taking charge of the case, or the Solicitor-General, or Advocate-Depute. The difference between the way in which fees for post-mortem examination and analysis were paid was that the Procurator-Fiscal paid for the post-mortem examination, and the Crown Office for the analysis. He could not speak as to whether the fees were payable by local rates or Government charge. In Scotland they did not hold inquiries of this character in public-houses, but he had had occasion to make a post-mortem examination in a church, in a coach-house, and in a town hall in one of the small towns. Persons were not allowed to be present at a post-mortem examination, unless officially connected in some way with the inquiry. He did not think this system of inquiry prevailing in Scotland had given any dissatisfaction, and, as far as his personal opinion went, there were important advantages connected with it. For instance, it did not make known publicly what was the line of evidence to be led when an accused person was to be put on his trial, and ultimately saved any prejudice being formed in the public mind against the prisoner. As far as he knew, there had been no complaints as to the privateness of the inquiry. In a paper which he read before the British Medical Society some time ago, bearing chiefly upon these inquiries, he took as an illustration of the last heavy cases they had in Edinburgh the case of a Frenchman named Chantrelle, who poisoned his wife, and was executed. He stated in that paper as his belief that fifteen men would not be found without a prejudiced mind against the prisoner had the matter been reported in the public prints. He thought in the larger towns these investigations were carried on by competent medical men, but in the outlying districts there was not such efficient service, because the fees were not such as to induce a medical man to travel long distances. He did not see there was any special advantage in appointing a medical officer for this purpose, as the difficulty would be met by making fees sufficiently inducing for a competent medical officer to go into the country. On one occasion he was sent to Înverness to investigate a case where three gentlemen had been poisoned by eating monkshood instead of horse-radish, and although there was a competent medical officer at Inverness, the case was such a peculiar one that the authorities thought it necessary to send him there to investigate the matter. There were no suggestions in Scotland for assimilating the law of Scotland and England with regard to coroners' inquests. The witness was asked by several hon. members as to the expenses he received when engaged in a post-mortem inquiry, and stated that in the case of Chantrelle he received fifty guineas for the analysis of the viscera, but that in the great proportion of analyses nothing like this sum was paid. His regular fee was two guineas per day, and firstclass fare to and from any place where the inquiry was held; but this did not nearly compensate for the loss of private practice. His plan was to charge by the time spent and trouble experienced in making analysis.

An Hon. Member.-With reference to your answer about making a postmortem investigation in a church, is it not the case in Scotland that the church is used for political meetings and other secular matters? No, no; the postmortem examination which I made was in an outlying district in Invernessshire, and the church was the only place that could possibly be used. I have heard an hon. member of this House state that he had addressed his constituents from the pulpit of a parish church. (Laughter.)

The Chairman.-Őrder, order.

Witness, continuing, said a Justice of the Peace had no power to initiate proceedings in Scotland, and that he considered it should be one of the qualifications of a Procurator-Fiscal that he should have some acquaintance with medical jurisprudence.

Mr. W. A. Brown, Procurator-Fiscal of Glasgow, explained to the Committee that, according to the theory of the law of Scotland, the Sheriff was charged with the investigation of crime in his district, and the Procurator-Fiscal was merely the executive officer. In practice the Sheriff in more recent times did not undertake the personal investigation of crime, and instead of the Procurator

Fiscal reporting to the Sheriff, the practice was for the Procurator-Fiscal to report to the Lord Advocate. In the strict sense of the word, there was no coroner in Scotland. In recent times it had become the practice of the Procurators-Fiscal to be coroners, inasmuch as they have the initiation of inquiry into the cause of death, and of proceeding against persons who might be implicated, but this was subject to the initiatory proceedings being taken upon the warrant of the Sheriff. Glasgow and the county of Lanarkshire were divided into police districts, to each of which was attached a surgeon, who was paid by the magistrates. When the police heard of a sudden death, or found a dead body in the public streets, it was the duty of the constable to communicate the fact to the lieutenant in the district, whose duty it was to send some competent person to make inquiry into the facts, and the result was recorded in the information which was lodged by the lieutenant of police with him (Mr. Brown). In that way every sudden death that came to the knowledge of the police was reported to him, and along with the written information came a certificate from the police surgeon. The police were required to take a surgeon to see the body, who afterwards certified as to the cause of death; but if the certificate was to the effect that from an external examination of the body the cause of death was doubtful, then they applied to the Sheriff for a warrant to have a post-mortem examination. As a general rule the Sheriff granted the warrant, and the remit was made to a medical gentleman, who examined the body and reported the result to him (Mr. Brown). In the great majority of cases the report of the medical gentleman was conclusive that there was no necessity for any further inquiry, or at least that no person was implicated in his death. Then his duty after that was to make a report to the Lord Advocate, who, after considering the papers generally, returned them with an order that there were to be no further proceedings. That was the mode of procedure where the result of the medical report did not suggest that any person had been implicated in the death; but, on the other hand, if the result of the medical report was the other way, it was then his duty to put any person who might be implicated under arrest. In that case he applied for a warrant of apprehension to the Sheriff, who, taking the medical report and the police petition together, granted it, and the accused person was brought before the Sheriff for examination. Supposing the police reported the death of a child who, it was suspected, had been overlaid by its mother, the medical officer reported that the child died from suffocation, and if the circumstances of the case as reported to him by the police otherwise indicated guilt, he would ask for a warrant of apprehension. The accused party being brought before the Sheriff, was cautioned by him that he need not answer any questions put to him, as the answers would be used against him when tried. After the declaration by the prisoner was taken, the accused person was remanded for further examination. That was the first order given by the Sheriff, and the remand generally lasted for a period of eight days. During that time the Procurator-Fiscal got up the case, that was to say, took precognitions, examined witnesses, etc., and at the end of that period he brought the case again before the Sheriff, who had to consider these precognitions, and say whether or not there was a case for committing for trial. If the Sheriff was of opinion that there was not a primâ facie case for trial, the prisoner was liberated, but if on the contrary the precognitions were admitted, the prisoner was sent back for trial. It was then the duty of the Procurator-Fiscal to report the matter to the Lord Advocate, who decided how the case was to be disposed of in either of three ways. The prisoner could be tried at the Circuit Court, or by the Sheriff and a jury, or by the Sheriff summarily. This was a general outline of the criminal prosecution in Scotland, and he might mention that until the prisoner was committed for trial he was not entitled to see any person.

By the Chairman.-As a rule he found prisoners willing to answer the questions put to them. Those who were familiar with crime rather declined, but those who were not answered questions readily. There were frequent

instances, however, of prisoners declining to answer questions. After the Procurator-Fiscal had made his report to the Lord Advocate, it was in the power of the Lord Advocate to stay proceedings altogether. In Glasgow, the Îate Sheriff of the County, acting under the theory of his office, appointed two medical gentlemen for the Lower Ward of Lanarkshire. They have held the office for a period of ten years, and a remit to investigate the circumstances attending the death of a person was granted to one or other of these gentlemen. The appointment was not a legal one, but only customary-an understanding in fact that the Procurator-Fiscal would employ one or other of those gentlemen. They were not paid by salary but by fees. All the expense of the prosecution was paid by Government, although it was originally borne by the county. The charge of prosecutions had been transferred from the local rate to the Government a very considerable time before he held office. All cases of fire were reported to him by the police, and he made an independent inquiry, the result of which he reported to the Lord Advocate. If he had reason to suspect that it was wilfully done he put the person under arrest, but if not, the matter was allowed to drop. The police had implicit instructions to report every case of fire to the Procurator-Fiscal, the investigation into which was borne in the same manner as the medical examination. There was no contribution to the expense incurred by the fire insurance people. With regard to the police surgeon, he was sure he had the best possible medical advice, and the system of investigation was an admirable one. These medical gentlemen who held the office in Glasgow made from 200 to 300 post-mortem examinations every year. There was not the least difficulty in Glasgow in getting medical gentlemen of the highest standing to undertake the position.

By the Attorney-General for Ireland.-You know the English system of coroners? A. Generally. Q. And you have considered your own system as contrasted with the English system? A. I have. Q. And are you of opinion that there should be introduced into Scotland a system analogous to the coroner's inquiry of England? A. I am not. But I feel bound to say that there are many people in Scotland, whose opinions are of some weight, who say that there should be more publicity in connection with the investigation of my office. I do not think generally, however, that the people of Scotland uphold that opinion.

By an Hon. Member.-As far as he knew, the present system was considered eminently satisfactory. He did not know of any case in which the Lord Advocate refused to sanction a private prosecution, or of a case where the friends of a person who had died suddenly, or under circumstances of some suspicion, had complained that there was not a complete inquiry under the present system. He thought that the Scottish system was advantageous in this respect, that it spared the feelings of friends. In many instances if there was a public inquiry, in the case of a sudden death as in England, a great many people would be required to make a painful appearance at a time when they should be spared. This was avoided by the system of private inquiry.

The Committee then ordered the room to be cleared for the purpose of considering their report.

Fixity of Tenure.-The following letter appeared in the Scotsman. After giving the substance of Professor Lorimer's communication to us, the writer proceeds as follows:

Such is the scheme of the Professor of Public Law, and which he thinks might be most conveniently worked out by the formation of a company in each county town. In it may exist the germ of a greater salutary rural reform; but we confess that we don't see the probability, or even possibilitynor perhaps does the Professor himself do so-of its being early realized. Neither, indeed, would we say that it is desirable it should be so, unless some -apparently to us very evident-objections were obviated. We are quite