IMPORTANT TO SOLICITORS AND OTHERS. per Cent." by purchasing at WINGROVE COOKE ON INCLOSURES AND RIGHTS OF In 12mo., price 148. boards, PARTRIDGE & COZENS Wholesale and Retail Sta- THE ACTS for facilitating the INCLOSURE of COM tionery Warehouses, 20, Chancery-lane, London. (Removed from 127 and 128, during the Erection of New Premises). Orders over 20s. carriage paid. Good Fine Draft Per ream. Super Satin ditto 78., 78. 9d., and 8 3 Thick Super Satin ditto, P. & C.'s own manufacture-a first-rate article Best Ruled Draft Outsides Draft-for office copies, &c., (all perfect sheets) Superfine ditto.. MONS in England and Wales; with a Treatise on the LAW of BISSET ON ESTATES For life. 15s. 6d., 168. 6d., and 17 A PRACTICAL TREATISE on the LAW of LIFE ES Very best ditto, (none better made, usually charged by many houses 24s.) .. Blue Ruled Brief or Abstract Fine Laid Foolscap 10s. 6d., 12s. 6d., and 16 Extra superfine ditto, (a first-class paper) 17 Best Ruled Foolscap, for Bills of Costs, Agency, and other pur TATES, Estates Tail after Possibility of Issue, Curtesy, Dower, Estates pur autre vie, and their incidents, especially with reference to the subject of Waste and Merger. By ANDREW BISSET, Esq., of Lincoln's Inn, Barrister at Law. "Mr. Bisset has earned a sound, if not an extensive, reputation by his very learned work on Estates for Life, published in 1842.”—Jurist, No. 532, March 20, 1847. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. DART'S VENDORS AND PURCHASERS. A COMPENDIUM of the LAW and PRACTICE of VENDORS and PURCHASERS of REAL ESTATES; com 6s. 6d., 78. 6d., 8s. 6d., 9s. 6d., and 10 6 prising the Authorities down to the Time of Publication. By J. 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"In conclusion, we recommend this work to the practitioner as a complete book, and one that will warrant his confidence, and furnish able assistance in all matters relating to the sale and purchase of estates; and we think no better book can be read by students, for the purpose of giving them a condensed view of the subject, and enabling them to see the application of those principles and rules with which a general study of the law has furnished them."-Law Student's Magazine. "Mr. Dart's labours have produced in this compendium a readable book for the use of beginners. He has paid particular attention to the attainment of a logical arrangement, and a clear and concise style... Without sacrificing its character as an elementary treatise, Mr. Dart has also made an useful book of practice. . . . The work is well worthy of a place, not only in the general library, but in that selection of books which the working lawyer looks upon as his best tools; which come most readily to his hand, and which he gets to look upon as a part of himself."-Law Review, May 1, 1851. "The work is short, readable, and very accurate. . . . With these quotations we will close our notice of a work which is obviously prepared with great care, and will, we think, become a standard text-book."Jurist, March 2, 1851. "Its plan is well arranged, the cases are carefully collected, the law is clearly expounded, and in every part of the treatise there is a great deal of learning.. The style is singularly compact."-Law Times, March 8, 1851. ... Stevens & Norton, 26, Bell-yard, Lincoln's-inn. CHITTY'S (JUN.) LAW OF CONTRACTS NOT UNDER SEAL. In 1 vol. royal 8vo.. price 11. 11s. 6d. cloth, These Pens are all made of the purest Steel, and selected with the A PRACTICAL TREATISE on the LAW of CON greatest care, and, at the very moderate price at which they are charged, command an universal sale. "Nearly twenty millions sold annually." The Correspondence or Drafting Pen, only 1s. 3d. per box of twelve dozen. The Fine Point, for light writing, 1s. 3d. per ditto. TRACTS NOT UNDER SEAL, and upon the usual Defences to The Broad Point, for ingrossing, &c., a good pen for parchment, THE COMMON-LAW PROCEDURE ACT, WITH THE NEW 18. 6d. per ditto. "Call-books," Is. and 1s. 6d. Note-books, 4d. and 6d. each. SUNDRIES FOR SOLICITORS' OFFICES. Best Red Tape-narrow, 9d.; middle, 18.; broad, 1s. 4d. per dozen pieces. Silk Ferrit, 18. 9d.; Cotton Ferrit, 6d. and Is. per piece. Runners, from No. 5 to 14, 1s. 9d.; Bodkins or Piercers, with or without eyes, 9d. each. THE RULES, &c. 1854. Just ready, in 1 vol. 12mo., price 10s. cloth boards, S. Sweet, 1, Chancery-lane, London. Recently published, in 1 vol. 12mo., price 14s. cloth, THE PARISH: its Obligations and Powers; its Officers and their Duties. With Illustrations of the Practical Working of this Institution in all Secular Affairs. By TOULMIN SMITH, of Lincoln's inn, Esq., Barrister at Law. "Parishes were instituted for the ease and benefit of the people."— Chief Justice Holl. "Cum haud pauca quæ omnino fieri necesse sit, alii autem ob innatam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De Augmentis Scientiarum, lib. 7, cap. 1. S. Sweet, 1, Chancery-lane. Printed by HENRY HANSARD, at his Printing Office, in Parker Street, in the Parish of St. Giles-in-the-Fields. in the County of Middlesex; and Published at No. 3, CHANCERY LANE, in the Parish of St. Dunstan in the West, in the City of London, by HENRY SWEET, Observe-PARTRIDGE & COZENS, Stationers and Paper Makers, residing at No. 34, Porchester Terrace, Bayswater, in the County of No. 20, Chancery-lane, opposite Carey-street. Terms, Cash. Catalogues post free. Middlesex.-Saturday, April 21, 1855. 今 The Jurist No. 16, NEW SERIES.-Vol. I. No. 955, OLD SERIES.-Vol. XIX. APRIL 28, 1855. £60,000 to be LENT on MORTGAGE.-Trust Money to this extent will be shortly available for this purpose, in sums of not less than 20,0001.-George Nicholson & Son, Solicitors, 4, Old Palaceyard, Westminster. То BARRISTERS and SOLICITORS.-A German Gen tleman, Professional Instructor in the German, French, and Italian Languages, whose engagements lead him three times weekly to the Temple, is desirous of meeting with more PUPILS in that vicinity. Address, prepaid, to Dr. Bm., Jurist Office, Chancery-lane. Just published, 8vo., price 148. cloth, SMITH'S LAW of LANDLORD and TENANT.-The LAW of LANDLORD and TENANT, being a Course of Lectures delivered by the late JOHN WILLIAM SMITH, Esq., Author of "Selection of Leading Cases," &c. With Notes and Additions. By FREDERICK PHILIP MAUDE, Esq., of the Inner Temple, Barrister at Law. William Maxwell, 32, Bell-yard, Lincoln's-inn. WORDSWORTH'S LAW of MINING, BANKING, and GENERAL JOINT-STOCK COMPANIES. 15. boards. London: Benning & Co., Fleet-street. Sixth Edition. THE LAW MAGAZINE; or, Quarterly Review of Jurisprudence, for May, No. 107, will be published on MONDAY next, price 5s, CONTENTS:-1. On Accounts in the Court of Admiralty.2. Pleadings at Common Law, must they be good in Substance ?-3. On a National Map.-4. On the Measure of Damages, ex Contractu.5. On Reformatories.-6. Shiel's Sketches, Legal and Political.-7. Law Reporting.-8. Lord Brougham and Vaux: his Professional and Parliamentary Career.-9. The Law of Blockade.-10. Policies of Insurance. -Notes of Leading Cases at Common Law-Short Notes of New Law Books-Erents of the Quarter-List of New Law Publications, &c. London: Butterworths, 7, Fleet-street, her Majesty's Law Publishers. Recently published, in 1 vol. 12mo., price 148. cloth, PRICE 18. MAY, 1855. II. Legal and Judicial Administration-Our Minister of JusticeCommissions. III. History of Jurisprudence. IV. The late Lord Chief Justice Denman. V. The late Dr. Phillimore. VI. Statute-law Commission. VII. Police, Criminal, and Correctional Law-Lord Brougham's Resolutions. VIII. Bills of Exchange Bill. IX. Proprietary Laws-Succession to Real Property. 1. Proceedings of the Public Meeting. 2. Limited Liability-Partnerships. 3. Some Defects in the Law of Habeas Corpus. 4. Amendments required in the Acts relating to Juvenile Reformatories. 5. Expediency of repealing the 17th Section of the Statute of Frauds. 6. Report on the Consolidation of Local Laws. Adjudged Points at Law and in Equity. Postscript. Stevens & Norton, Bell-yard. CUMIN'S MANUAL OF CIVIL LAW. A MANUAL of CIVIL LAW; or, Examination in the Institutes of Justinian: being a Translation of and Commentary on that Work. With an Introduction on the History of the Roman Law. By P. CUMIN, M. A., of Balliol College, Oxford, Barrister at Law. In 12mo., price 10s. 6d. cloth. "The work is extremely well done."-Law Times, April 22, 1854. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. NEW STAMP DUTIES. Recently published, in 8vo., price 8s. 6d. boards, THE PARISH: its Obligations and Powers; its Officers TILSLEY'S NEW STAMP ACTS of 1850, 1853, and and their Duties. With Illustrations of the Practical Working of this Institution in all Secular Affairs. By TOULMIN SMITH, of Lincoln's inn, Esq., Barrister at Law. "Parishes were instituted for the ease and benefit of the people."Chief Justice Holt. "Cum haud pauca quæ omnino fieri necesse sit, alii autem ob innatam superbiam subterfugiant, ipse sustineam et exsequar."-Bacon, De Augmentis Scientiarum, lib. 7, cap. 1. A S. Sweet, 1, Chancery-lane. BEST ON EVIDENCE, WITH A SUPPLEMENT TO 1855. Price 278. cloth boards, TREATISE on the PRINCIPLES of EVIDENCE and PRACTICE as to PROOFS in COURTS of COMMON LAW; with Elementary Rules for conducting the Examination and Cross-examination of Witnesses. By W. M. BEST, A.M., LL.B., of Gray's-inn, Esq., Barrister at Law. Second Edition, with a SUPPLEMENT, shewing the Alterations effected by the Common-law Procedure Act and other Statutes of 1854. *.* The SUPPLEMENT can be had separately, price 2s., sewed in wrapper. S. Sweet, 1, Chancery-lane. THE LAW OF ELECTIONS. of the United Kingdom, and "The CORRUPT PRACTICES PREVENTION ACT, 1854," with an Appendix of Statutes. JOHN CLERK, Esq., of the Inner Temple, Barrister at Law. Also, by the same Author, price 12s. cloth, The LAW and PRACTICE of ELECTION COMMITTEES, containing all the recent Decisions of Election Committees; with an Appendix of Petitions and Statutes. H. Sweet, 3, Chancery-lane, Fleet-street. BRITISH AND NEUTRAL COMMERCE. Just published, price 5s. cloth bds., THE RIGHTS of BRITISH and NEUTRAL COM MERCE, as affected by recent Royal Declarations and Orders in Council. By JOHN HOSACK, of the Middle Temple, Barrister at Law. S. Sweet, 1, Chancery-lane. PAPER.-The cheapest, largest, and best assorted Stock, suitable for the use of the Legal Profession, will be found at MATTHEWS & DREW'S, Paper Manufacturers and Stationers to the High Court of Chancery, 38, High Holborn, opposite Chancery-lane. -Samples, with prices, will be forwarded on application, and orders to the amount of 21. carriage-free to the country. No. 16, VOL. I., NEW SERIES. 1854; with Notes and Explanatory Observations, and Tables of all the Stamp Duties payable after the 10th October, 1854; together with a Digest of Ĉases. By HUGH TILSLEY, Assistant Solicitor of Inland Revenue. Sixth Edition. Also, by the same Author, in 8vo., price 1. 118. 6d., A TREATISE on the STAMP LAWS; with Tables of all the Stamp Duties payable in the United Kingdom after the 10th October, 1854. Second Edition. With a Supplement. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. In 12mo., price 58. cloth, THE BURGESS'S MANUAL; a Practical Exposition of the Constitution of Corporate Towns, as regulated by the various Municipal Corporation Acts; comprising the Provisions relating to the Municipal Elections, the Officers of the Corporation, the Town Council, the general Government and Improvement of and the Administration of Justice in Boroughs, and the Grant of Charters of Incorporation to non-corporate Towns. By FREDERIC MERRIFIELD, Esq., Barrister at Law. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. HEADLAM'S NEW CHANCERY PRACTICE. In 8vo., price 8s. boards, THE NEW CHANCERY ACTS, (15 & 16 Vict. cc. 80, the 3rd and 4th December); with Notes, an Index, and References to 86, and 87), and all the GENERAL ORDERS, (including those of Daniell's Practice. To which is added, an Appendix of Forms, &c. By T. E. HEADLAM, Esq., M. P., Q. C. Stevens & Norton, 26, Bell-yard, Lincoln's-inn. CAUTION TO TRADESMEN, MERCHANTS, SHIPPERS, OUTFITTERS, &c. WHEREAS it has lately come to my knowledge that some unprincipled person or persons have for some time past been imposing upon the public, by selling to the Trade and others a spurious article under the name of BOND'S PERMANENT MARKING INK; this is to give Notice, that I am the original and sole Proprietor and Manufacturer of the said Article, and do not employ any traveller, or authorise any person to represent themselves as coming from my establishment, for the purpose of selling the said Ink. This Caution is published by me to prevent further impositions upon the public, and serious injury to myself. E. R. BOND, Sole Executrix and Widow of the late John Bond, 28, Long-lane, West Smithfield, London. To avoid disappointment from the substitution of counterfeits, be careful to ask for the genuine Bond's Permanent Marking Ink and further to distinguish it, observe that NO SIXPENNY SIZE or has at any time been prepared by him, the Inventor and Proprietor THE decisions of our superior tribunals upon the county court system, now completely established throughout the length and breadth of the land, are of importance to the community at large, as well as to the legal profession, and we propose to call attention to some of the most recent cases falling under this description*. Among these we may rank Taylor v. The Crowland Gas and Coke Company, decided last week in the Exchequer, and reported in our last number, (part 1, p. 358). It was an action for the recovery of wages, brought against a company completely registered under the Joint-stock Companies Act, 7 & 8 Vict. c. 110, and resulted in a judgment for the plaintiff for the sum of 71. 1s. The company, which consisted of numerous shareholders, had its office and carried on business at Crowland, in Lincolnshire, within the jurisdiction of the county court of that place, and when the action was * In former articles, we have reviewed, inter alia, Hernaman v. Smith, (1 Jur., N. S., part 1, p. 190); Walton v. Borth wick, (Id. 142); and other cases as to "cause of action" in a foreign district, under sect. 60 of stat. 9 & 10 Vict. c. 95, (ante, p. 31). Stokes v. Grissell, (14 C. B. 678), as to the measurement of the twenty miles, under sect. 128, (18 Jur., part 2, p. 173). See also a review of county court cases, 16 Jur., part 2, p. 109. VICE-CHANCELLOR WOOD's Court. By MATTHEW B. BEGBIE, Barrister at Law. Hind v. Poole.-(Power, execution of-Joint power executed by survivor) ... ...... Key v. Key.-(Will-Construction) ........ COURT OF QUEEN'S BENCH. 371 372 373 By G. J. P. SMITH and W. B. BRETT, Barristers at Law. Reg. v. Alleyne.-(Indictment-Misdemeanour-Writ of error, jurisdiction to quash-12 & 13 Vict. c. 109, s. 39) Reg. v. The Recorder of Bristol.—(Ale-house license— Refusal of justices-Appeal—Jurisdiction of re-· corder-9 Geo. 4, c. 61, s. 27-5 & 6 Will. 4, c. 76, s. 105) 373 De la Beche, App., The Rector, Vestrymen, &c. of St. James, Westminster, Resps.-(Poor rateCrown property-10 Geo. 4, c. 50-Public purposes-Beneficial occupation-Museum of Practical Geology-8 & 9 Vict. c. 104, s. 1-Lords of the Treasury-Professors-Housekeeper) 375 .... ...... COURT OF COMMON PLEAS. By W. PATERSON and W. MILLS, Barristers at Law. Ex parte Dakins, in re Swan v. Dakins.-(County court-Judgment summons—Civil process-Privilege from arrest-Prisoner-Habeas corpusAffidavits to explain return-Practice-9 & 10 Vict. c. 95, ss. 99, 103, 110-12 & 13 Vict. c. 101, s. 18).. EXCHEQUER CHAMBER. 378 By G. FRANCIS, Barrister at Law. Emery v. Webster.(Pleading—Amendment-Common-law Procedure Act, 1852, sect. 222)........ 381 COURT OF EXCHEQUER. By W. M. BEST, Barrister at Law. Forbes v. Smith.-(15 & 16 Vict. c. 76, ss. 18, 25- ..... 384 brought the plaintiff dwelt within twenty miles of that place, but a distance of more than twenty miles from several of the shareholders. The question was, whether he was entitled to costs, as coming within the concurrent clause, or the following one, (sects. 128 and 129), of stat. 9 & 10 Vict. c. 95. First, could a plaint have been entered for this claim in the county court? The learned judges held that it could, as a corporation or quasi corporation may be sued therein. (Sects. 58 and 142 of stat. 9 & 10 Vict. c. 95; rule 48 of the County Court Practice). Secondly, did the plaintiff dwell more than twenty miles from the defendant? It had been decided in Parry v. Davies (1 Lownd., M., & P. 379) and Doyle v. Lawrence, (2 Lownd., M., & P. 378), that in the case of several defendants, if any one of them dwelt more than twenty miles from the plaintiff, he might sue in a superior court. It was now held, however, that a corporation may be said to dwell where it carries on its business, and therefore that the plaintiff was not entitled to his costs upon this ground. It is remarkable that the concurrent clause above referred to (sect. 128) makes a distinction in words between dwelling and carrying on business, in those parts of it which relate to the distance at which the parties dwell from each other, and to the cause of action arising within the defendant's district. Thus, the plaintiff may sue in a superior court "where the plaintiff dwells more than twenty miles from the defend ant*,” i. e. from where the defendant dwells, (Johnson v. Ward, 6 Dowl. & L. 720), "or where the cause of action did not arise wholly or in some material point within the jurisdiction of the Court within which the defendant dwells or carries on his business at the time of the action brought." With reference to this distinction, Pollock, C. B., said in the principal case, "These two expressions are found here in consequence of that sort of incuria which now and then creeps into the framing of acts of Parliament, for I do not believe that any distinction was meant by the difference of expression in the two parts of this section, "dwells" and "dwells or carries on his businesst." It was contended for the plaintiff that he should have his costs, because the judgment of a county court against such a corporation could not be enforced by the county court against the actual or former shareholders in the company, under the 7 & 8 Vict. c. 110, s. 66. The Court agreed that it could not be enforced in such manner by the county court; but said, that although this might be a good reason for allowing the costs, under the 15 & 16 Vict. c. 54, s. 4, upon the ground that the case was a fit one to be tried in a superior court, yet a sufficient reason must be made out for the exercise of that jurisdiction, by shewing that there were no means of getting satisfaction from the funds of the corporation, and that it was necessary to get it from the members of the body. A point worthy of being noted with reference to this matter was decided in Stokes v. Grissell, (14 C. B. 678), namely, that where the plaintiff states in his affidavit that he does not believe that the defendant dwelt or carried on his business, at the time of the commencement of the action, within the jurisdiction of the Court in which the cause of action wholly arose, it is sufficient, in the absence of an affidavit by the defendant that he does dwell or carry on his business there. The Court said the distinction was between proving an affirmative, when you can speak to a fact, or a negative, when you can speak only to your belief. While upon the subject of county courts, we may observe, that the exceptional jurisdiction conferred by the blunder in the City of London Small Debts Act, 15 Vict. c. 77, has naturally produced decisions exceptional to those which had proceeded upon the general county court jurisdiction§. By sect. 119 of that act, a sum exceeding fifty pounds must be recovered in actions ex contractu in the superior courts, and five pounds in actions ex delicto, under penalty of losing costs. By sect. 120, (copied from sect. 129 of the 9 & 10 Vict. c. 95), he is to be deprived of costs if he recover less than 20%. in an action ex contractu in the superior courts. Now, it has been held, that although a judge must *The words of the City of London Small Debts Act, 15 Vict. c. 77, s. 118, are merely," where the plaintiff dwells more than twenty miles from the defendant." It may be convenient to mention that this act will be found in the appendix to the Statutes at Large. (15 & 16 Vict., p. 500). † And see, as to what is a carrying on of business within the meaning of the act, Mitchell v. Hender, (18 Jur., part 1, p. 430). And see further, as to making out a merely primâ facie case, Kirby v. Hickson, (1 Lownd., M., & P. 364). § See a comparison of the sections in the City of London Small Debts Act with those in the general County Courts Acts, 17 Jur., part 2, p. 65. certify for costs forthwith under the general acts, he may certify at any time under this act, where the sum recovered is between 201. and 501.; (Chaplin v. Levy, 9 Exch. 673*); that although under the general acts the plaintiff must apply for his costs in order to have them, yet under this act, where the sum recovered is between 201. and 50l., the old practice, of entering a suggestion by the defendant to deprive the plaintiff of costs, must be resorted to; (Castrique v. Page, 22 L. J., C. P., 145); and that although under the general acts an attorney has no privilege to sue in a superior court, (13 & 14 Vict. c. 61, s. 11), yet under this act he retains that common-law privilege if the sum recovered is between 20. and 501. (Borodaile v. Nelson, 14 C. B. 655; 18 Jur., part 1, p. 431). The section in the city act which deprives of costs in cases where less than 50%. is recoof the 9 & 10 Vict. c. 95, instead of sect. 11 of the vered (sect. 119) was copied by mistake from sect. 129 13 & 14 Vict. c. 61; and the former section (sect. 129) had been held not to take away the attorney's privilege. (Lewis v. Hance, 11 Q. B. 921; Jones v. Brown, 2 Exch. 329). Thus exception begets exception, and a legislative mistake becomes a "medium filum" for numerons distinctions, which otherwise would never have existed. It is a strange system that metes out one kind of justice with reference to the city of London, and a different kind in every other part of the kingdom; that requires a suitor to recover 50l., or to lose his costs, when the anything over 20%. if he lives in Middlesex. other litigant resides in the city, but is satisfied with In the case of the Newtons, convicted and sentenced to imprisonment for an assault on Mr. Kerr, an application was made to the Court of Queen's Bench (April 23) for a mandamus commanding the Attorney-General to grant his fiat for a writ of error; but the Court rethey had no jurisdiction to review the decision of the fused to grant the application, upon the ground that Attorney-General in the matter. It has been decided in the Court of Common Pleas, (Swann v. Dakins, April 17), that one of the priests in ordinary at the Chapel Royal is privileged from arrest under a county court commitment on a judgment summons, and that such commitment was in the nature of a limited ca. sa. RECENT CASES ON COMMERCIAL LAW. STEEL v. SCHOMBERG. AMONG the provisions introduced, for the security of the public, into the statute consolidating the laws relating to the carriage of passengers by sea (15 & 16 Vict. c. 44) are the following:- No passenger ship shall clear out or proceed to sea until the master thereof shall have obtained from the emigration officer at the port of clearance a certificate, under his hand, that all the requirements of the act, so far as the same can be complied with before the departure of such ship, have been duly complied with." (Sect. 10). "Nor if there * There is no fixed time within which an application for costs is to be made, under the 15 & 16 Vict. c. 54, s. 4, in cases where the county and superior courts have concurrent jurisdiction. (Reed v. Gardner, 22 L. J., Ex., 253). shall be on board as cargo any horses, cattle, gunpowder, vitriol, lucifer matches, guano, green hides, or any other article, whether as cargo or ballast, which, by reason of its nature or quantity, shall be deemed by the emigration officer at the port of clearance likely to endanger the health or lives of the passengers, or the safety of the ship." (Sect. 26). "Nor unless the ship shall have been surveyed, under the direction of the emigration officer at the port of clearance, but at the expense of the owner or charterer thereof, by two or more competent surveyors, to be appointed by the Colonial, Land, and Emigration Commissioners for each port; nor unless it shall be reported by such surveyors that the ship is in their opinion seaworthy, and fit in all respects for her intended voyage." (Sect. 16). A ship fitted up for a voyage to Melbourne had been duly surveyed by three surveyors under this clause; but after she had commenced loading, the emigration officer saw the ship, and, acting bonâ fide in the discharge of his duty, declined to give his certificate, on the ground that the ship was eighteen inches too deep in the water, and must be lightened at least a foot. He did not object to any articles loaded in the ship, and there were, in fact, none of the prohibited articles on board. In an action against him for refusing the certificate, the Court held that he was justified in his refusal under the statute, if he thought the quantity of the cargo such as to endanger the ship, and that his discretion in this respect was not affected by the report of the surveyors under the 16th section. (Steel v. Schomberg, 24 L. J., Q. B., 87). This is an important decision, as tending to enlarge, rather than restrain, the powers vested in the emigration officer for the safety of the public. Correspondence. cc peculiar merit of this scheme would seem to consist in Your obedient servant, THE subject of life assurance is one of general interest, both in a commercial and social point of view. Mr. Bunyon has thus described the uses to which it may be put: 6 least to a great extent, from the onerous character of By this means the merchant or professional man 'may secure for his family, by anticipation, that proSIR,-A correspondent in your last number suggests vision which would otherwise have required a long that special jurors should be summoned to try cases 'life of care to obtain. The debtor, whose income is which affect the life of individuals and the safety of the dependent on his life and exertion, may protect his public, or that a verdict returned by a majority of eight creditor from that loss which his early death would of the jury, and sanctioned by the judge, should be occasion, and thereby obtain time and opportunity for equivalent to an unanimous finding. If trial by jury the gradual extinction of his liabilities. The tenant is to be maintained as an institution of the country, it for life, or the annuitant, the lessee for lives or years is a matter of the utmost importance that it should, as 'determinable with lives, or the copyholder, may, by a an institution, be as perfect as possible, not calculated, moderate payment proportionate to his means, obtain on the one hand, to stand between crime, and the for his property the advantages of a permanent inpunishment which should follow its commission; or,vestment, and thus in the latter case relieve it, at on the other hand, to press upon the liberty of the subject, by affording opportunity for partiality or pre-its tenure." (P. 2). judice to kick the beam of justice. In the ordinary criminal cases tried at assizes and sessions the class of persons from whom jurors are chosen may be as capable as those in a higher and more educated sphere of deciding upon the simple facts brought before them; but not so in cases of a more complicated nature, where not only much acumen and intelligence, but also a vigilant and lengthened mental attention, is required. For the trial of cases of this description, amongst which murder should undoubtedly be classed, I can see no objection to the summoning of special jurors. It has been said that the principle of requiring unanimity in a jury is attended at least with one practical advantage of the utmost importance-that, in the event of a difference of opinion, it secures a discussion, and enables any one dissentient juror to compel the other eleven fully and carefully to reconsider the question. In the Third Report of the Common-law Commissioners it was recommended, that if, after a deliberation of twelve hours, nine out of the twelve concurred, their verdict should be received. The only novelty in the suggestion of your late correspondent is in requiring the sanction of the judge to the verdict of a majority of eight. The Life assurance, then, being so useful and so varied in its application, there was need of a practical exposition of the law by which the relative positions of the insured and the insurer, or, in other words, the public and those associations by which life assurance is conducted, are defined, and the constitution of the latter regulated. Mr. Bunyon has brought legal ability to the execution of his task, and has produced a text-book which we can recommend to the Profession and the public, and more especially to that class of the latter who fall under the denomination of directors, actuaries, managers, and secretaries, too many of whom, we fear, enter upon their duties with little, if any, knowledge of the highly onerous and responsible trusts imposed upon them. The first chapter is devoted to the consideration of "the nature of the contract" at common law, and as modified by statute. It must be satisfactory to Mr. Bunyon to know that his strictures upon the case of Godsall v. Boldero (9 East, 72; 2 Smith's L. C. 157) have lately received the judicial sanction of the Exchequer Chamber in Dalby v. The India and London Life Assurance Company, (18 Jur., part 1, p. 1024); also by Sir W. P. Wood, V. C., in the still more recent |