Imprisonment for debt, Mr. Daniel, Q.C., on, 68 Jurisdiction of master to remit causes, 89 Landlord and tenant-Covenant to repair, 141 Lease, costs of preparing, 182 Light and air, grant of right to, 49 Marine insurance-Mortgaged vessels, 182 Master and servant-Negligence, 202 Medical accounts-Right to recover, 89 Partnership debts-Set-off, 141 Procedure and jurisdiction, 69, 427 Proceedings in County Courts-Statistics, 301 Reference of action of tort, 125 Seaman's wages-Forfeiture, 70 Sheriff's fees, liability for, in execution, 16 Specific performance-Alleged drunkenness, 183 Warrants of execution, power to issue, 34 INTERNATIONAL LAW. How the County Court Amendment Act 1867 Geneva Arbitration-The award, 376 (30 & 31 Vict. c. 142), may be and is defeated, 393 Judicature commission, the, 340, 379 Law agency, 406 Law Student's Congress, The, 109 Legal education and law libraries, 186, 206 Legal profession in Canada, 367 Liquidation under Bankruptcy Act 1869, 285 London Bankruptcy Court, the, 305 Lord Mayor's Court, the, 52, 90, 143, 417 Mayor's Court, the, and the County Courts, 126 Barry's Forms and Precedents in Conveyancing, Bedford's Intermediate Examination Guide, 413 Cox's Law and Practice of Registrations and Currie's Indian Criminal Codes, 401 Davis's Jurisdiction and Practice in the County Courts in Equity, in Admiralty, Probate, and Administration Cases, and in Bankruptcy, 387 Foot's Prevention of Crimes Act 1871, 135 Gilmour's Commercial Guide in Bankrupty and Liquidation under the Bankruptcy Act 1869, 79 Hallilay's Digest of Examination Questions and Heale's History and Law of Church Seats or Holdsworth's Licensing Act, 401 Hunt's Law relating to Fraudulent Conveyances under the Statute of Elizabeth and the Bank- Property, with References and Citations, 386 Lely and Foulkes's Licensing Act, 401, 413 Mayne's Treatise on the Law of Damages, 437 Oke's Magisterial Synopsis, 79 Corrupt Practices (Municipal Elections) Act County Courts Admiralty jurisdiction, 292 County Court Judges and the Treasury, 213 County Court warrants of execution, 43 Damages in tort-Reasonable anticipation, 250 Disclaimer of lease by the trustee in bankruptcy -Landlord how far effected, 134 Dispersion of the Bar, the, 358 Effect of bankruptcy upon covenants of debtors, European Assurance Society arbitration, the, 435 Fawcett's (Mr.) motion on the law officers, 152 Gifts mortis causa and inter vivos, 4 Issues for the Geneva Arbitrators, the, 323 Judicature Commission, the second report of Jurisdiction of justices, the, 423 Keogh's (Mr. Justice) judgment and the seating Last phase of the Chancery Funds Bill, the, 97 Licensing Act (1872), The, 330, 422 Liquor Licensing Bill, The, 24 Baker carrying on trade on Sundays, 389 Bastardy Laws Amendment Act, 1872, The, 440 Dog licences, 441 Criminal Law Amendment Bill, 198 Criminal Trials (Ireland) Bill, 123 Debtor's (Ireland) Bill, The, 237 Deceased Wife's Sister Bill, 178 Defamation of Private Character Bill, 106 Ecclesiastical Courts and Registries Bill, 261 European Assurance Society Bill, 123, 177 Fees at the Mansion House and Guildhall, 275 Social Science Association-Repression of Crime Galway Election Inquiry, The, 106, 123, 258 Grand Juries (Middlesex) Bill, 237 Imprisonment for Debt Abolition Bill, 138 Imprisonment for small debts, 237 Judicature Commission, The, 275, 296, 315 Landlord and Tenant (Ireland) Act 1870, Amend. Law officers and law reform, 178 Law Officers' (England) Fees Bills, 274 Mansion House and Guildhall officials, 291 Married Women's Property Act, 1870, 217 Master and Servant (Wages) Bill, 123 Masters' and Workmen (Arbitration) Bill, 237 Middlesex Registration of Deeds Bill, 106 Poor Law removal, break of residence, 66 Professional malpractices in magistrates' courts, Poor Law (Scotland) Bill, The, 237 Public Health Act 1872, The, 333 Public Prosecutors Bill, The, 138, 276 Real Estates (Titles) Bill, 164 Registration of Borough Voters Bill, 106 Revising Barristers' Bill, 275 Select committeee of the House of Lords on appellate jurisdiction, Report of the, 294 Libel and malicious prosecution, action for, 438 Lord Hatherley, retirement of, 285 Marriage Law in California, 342 Solicitor's clerk, serious charge against, 262 Touting attorneys, 87 Visible means to pay costs, 15 Willes, Mr. Justice, death of, 416 A GENERAL INDEX to vols. 11 to 20 of the LAW TIMES REPORTS, New Series, will be published in seven parts, price 1s. each. Sent free of postage to subscribers. The General Index to vols. 1 to 10, N. S., may still be had, price 7s. 6d. in cloth. THE Superior Court of Cincinnati has decided that an action will lie in favour of a married woman against a third person for entic- ing away and harbouring her husband. The English case of Lynch v. Knight (9 H. L. Cas. 577), was regarded as an authority THE Exchequer Chamber is becoming utterly discredited, and ripe for abolition. On Tuesday the House of Lords delivered judgment in two appeals from the Court of Exchequer Chamber which had reversed the unanimous decision of the Court of Queen's Bench in the one case and of the Court of Exchequer in the other. The House of Lords upset the Exchequer Chamber and upheld the decisions of the courts below. If we do nothing in the way of establishing a Supreme Court this session, might we not get rid of ACCORDING to the Albany Law Journal of the 13th ult., Right Hon. RUSSELL GURNEY, of the American and British joint commis- sion, has resigned his position as Recorder of London, and Hon. THOMAS CHAMBERS, M.P., common serjeant of that city, has been appointed to the office." Our American contemporary found out the amount of Sir ROUNDELL PALMER'S fee in the matter of the arbitration before it was heard of in England; and we think that intending candidates for the office of common serjeant would be well advised to find out who this well-informed American is. EFFORTS are constantly being made to limit as much as possible the jurisdiction of the Lord Mayor's Court. The exercise of its jurisdiction in matters of foreign attachment has been frequently challenged of late, and now its right to grant new trials on the merits is assailed. There is a power of appeal which is too cum- bersome to be used; and there is a monopoly of the busi, ess by two members of the Bar-the practical operation of which is to diminish respect for the rules of evidence and legal principle. The Judicature Commission speak of abolishing the court; if not abolished, the procedure and jurisdiction should be attentively Mr. STEPHEN'S Indian Evidence Bill has met with a reception in the Legislative Council rarely accorded to any legal measure at home. There appears to be a concurrence of opinion in favour of it, now that the clauses which we discussed as calculated to cast injurious reflection upon the Bar-wholly unintentional according to Mr. STEPHEN-have been modified. The author of AN "EX-JUDGE" appears to us to dogmatise in the most unwar- AN additional argument in favour of the Public Prosecutor's Bill 66 BRUCE, that the Government of the United States has greater advantages than we have in proceeding against vessels which offend or purpose to offend against the neutrality laws. They have on the spot where the preparations are being made, the district attorney, a legal officer responsible to the Government, to whom the duty of investigation is committed. The libel is in the nature of a proceeding in rem, and it is decided by a Judge conversant with international and maritime law, without the intervention of a jury." We have now Admiralty Courts in all the principal ports, and there is no reason why a similar process should not be adopted. If we had a public prosecutor with power to institute a suit against shipbuilders in the County Court, all the delay of laying facts before the Foreign Office, resulting, as it does, in the escape of suspected vessels, would be spared, whilst the damage inflicted upon a successful defendant would be inappreciable. AN interesting point has been decided in the circuit court of the Southern District of New York. Before the Southern rebellion a New York insurance company issued a policy on the life of a citizen of Alabama. The war stopped all intercourse between Mobile and New York, and the assured failed to pay his premiums. After the war ceased the premiums were tendered, but the office refused to receive them, and repudiated all liability on the policy. The court held, however, that the contract was merely suspended by the war, on the general ground "that the policy of the law does not avoid, because of the intervention of a war, a pre-existing contract, which a single act-such as the payment of a debt-can perform; that, in such cases, a suspension of remedy during the war is the only effect of the war." An objection was raised that the assured, during the existence of the contract was an alien enemy, and that as it is unlawful to insure the property of an alien enemy it is, à fortiori, unlawful to insure the life of an alien enemy. But the Court said, "The principle relied upon, as appears from the cases and text-books, does not extend to avoiding policies insuring property which is exempted by the laws of war from liability to be seized by the government of the insurer's company. Nor does the rule avoid a policy of insurance on the life of a neutral, passive, non-combatant enemy. Though by his domicile he is a technical enemy, so that his property may be lawfully captured as enemy's property, yet, as such nominal hostility does not subject his life, like his property, to peril, no belligerent right is affected by continuing the validity of the insurance." A WRITER in the American Law Review doubts the correctness of the decision of the Court of Exchequer in Ockford v. Barelli et. al. (25 L. T. Rep. N. S. 504.) "In this case the plaintiff married her uncle, who was the father of the two defendants by a former wife, who was living at the time of such marriage, but this fact was unknown to plaintiff, and on the death of the uncle she bona fide claimed a share of his property as his widow. To avoid litigation the defendants undertook to pay the plaintiff one-third of the value of their father's estate, if she would forbear to make any claim against the said estate. The Court of Exchequer held that there was a valid consideration for the defendants' promise. This decision may be doubted both on principle and authority. There was no compromise of a doubtful claim in law or fact, but simply a promise to forbear a groundless claim. This could be no detriment to the plaintiff, for she could gain nothing by a suit, nor was it any benefit to the defendant, since in legal contemplation the costs recovered in a groundless suit are a complete indemnification for the trouble to the party sued." In an analogous case in a New York court, the defendant owed the plaintiff 6400dols., but being unable to pay, promised to borrow 3500 dols. of a friend and pay the same to the plaintiff if the latter would abandon the original claim. Defendant borrowed and paid to plaintiff 3500 dols. It was held that there was no consideration for plaintiff's promise to take a less sum than was due to him, and that he was entitled to recover the balance. The learned Judges dissented from this opinion, which the Review regards as a hardship, but correct in law. A POINT of some legal interest arises out of the last Paris tragedy -the murder of the Rue des Ecoles. A jealous husband caught his wife in flagrante delicto: the lover escaped, and, to satisfy his revenge, the husband murdered his wife. M. DUBOURG, the murderer, is said to have calmed down immediately, and to be disgusted at the delay in admitting him to bail. Paris also is credited with being "surprised and somwhat scandalised" at his detention. We know how ready a French court is to attend to extenuating circumstances, and it may be well, now that wife beating is fast becoming one of the confirmed habits of some classes of Englishmen, that we should point out what effect a plea of jealousy would have in our own courts. We are not aware that any case has laid it down that a man who kills his wife (caught in adultery) is guilty of manslaughter only; but it has been held that the killing of the adulterer by the husband is manslaughter, and the same doctrine would probably apply to the killing of a wife under such circumstances. The provocation would be equally strong in the case of a son, a father, or brother, who, in the opinion of writers on crimi nal law, could not be properly convicted of a capital offence for killing the ravisher or seducer of mother, daughter, or sister. Englishmen, however, seem to prefer an indictment, an action for seduction, or the remedy of the Divorce Court to the swift retribution of the poniard or revolver, so that difficulties in the administration of the criminal law are not so likely to arise. English husbands of the lower class get rid of their wives by the brutal process of consecutive thrashings, and a little more severity in dealing with these ruffians is at present a want in our criminal courts. To lay down a principle of international law is an important proceeding, and to do it by anything like a side-wind is obviously objectionable. Therefore the proposition of the Americans, that in return for the surrender of the indirect claims we should accept a doctrine calculated to be beneficial to them in any future war in which Great Britain may be a belligerent and the United States a neutral, is clearly not to be entertained, even if the doctrine would hold water. The proposed doctrine is that consequential damages shall never be exacted from a neutral. To jump at once to such a conclusion without regard to the meaning of the phrase "consequential damages," which has not yet received any judicial interpretation as applied to international disputes would be calculated to unsettle more than ever the rules of international law. The arbitrators will have taken an important step when they agree upon the limit of the damages recoverable under the treaty. Not until their finding could any rule of law be agreed upon as to consequential damages arising out of the negligence of neutrals. Moreover, the rule, as proposed, if reduced into writing as part of an international code, could not have any operation, and the aim of those who put it forward would appear to be to throw difficulties in the way of any adjustment of future demands for direct damages inflicted by vessels escaping from the vast seaboard of America. In view of the condition of things which has not yet ceased to be a difficulty in the way of the due execution of the terms of the Treaty of Washington it is hardly probable that a claim for consequential damages would ever be preferred against a neutral, and all that the United States need be careful about is, that the limit of direct damages should be fixed with precision, and the more the finding of the arbitrators is against them now, the more favourable will the rule be to them when they become defendants in any proceedings similar to those in which they are now the claimants. THE mistaken notion that obscene publications are privileged if the motive with which they are issued be innocent or virtuous is now thoroughly exploded. Those who desire to attack the system of confessional of the Roman church have shown great adroitness in cloaking their subject with every rag of privilege which the law confers. In the first place, a work is published for which privilege is claimed on the ground of the subject-matter being a matter of public interest and directed to the suppression of immorality. But the publisher is convicted, and thereupon the doctrine of privilege which extends to reports of proceedings in courts of justice was invoked, and the obscenity was presented to the public in the framework of a faithful report, and the prohibited production reproduced. A bench of magistrates at quarter sessions took the view, in the case of Reg. v. Hicklin, that obscenity ceased to be obscene within the meaning of 20 & 21 Vict. c. 83, s. 1, if the motive with which it is published be good. This was promptly rectified by the Court of Queen's Bench, who held the publication of the obscene pamphlet in question a misdemeanor, neither excused nor justified by the innocent motives or object of the publisher, who was to be taken as having intended the natural consequences of his act. The Court of Common Pleas have unanimously adopted this view. The important point in their decision in Steele (app.) Brannan (resp.) is that which deals with the report of judicial proceedings. Our courts, unfortunately, constantly provide indecent literature for the public, and we have had occasion to condemn the taste of the press in reporting such proceedings in detail. The learned counsel for the appellant in Steele v. Brannan declined to venture an opinion whether the persons sending him a disgusting treatise on the Contagious Diseases Act were guilty of a misdemeanor. The same doubt may apply to publications of a less special character, and we shall be glad to recognise the public spirit of a prosecutor who will test the elastic power of the Act of Parliament. THE Supreme Court of Appeal Bill has been referred to a Select Committee, the order of reference being in these terms: "That a Select Committee be appointed to inquire into the appellate jurisdiction exercised by this House, and into the working of the system of appeals to Her Majesty in Council, and to inquire what changes or improvements should be made with reference thereto." Strong arguments in favour of this proceeding were put forward by Lord CAIRNS, and Lord WESTBURY agreed that the Bill would not "bear discussion." The argument founded on statistics was perhaps Lord CAIRNS's strongest point. All intermediate courts of appeal being abolished, the Supreme Court would have something over 400 causes to try annually. Any plan which loads one tribunal |