Slike strani
PDF
ePub

Law publishers and Booksellers.

Just Published. Second Edition, revised to date. Royal 8vo, cloth, 255.; cash price, 205. NORMAN'S DIGEST OF THE DEATH DUTIES. By A. W. NORMAN, B.A.,

B.Sc. (London), of the Legacy Duty Office, Somerset House, Author of Death Duty Tables.' This edition is, with the exception of a general Introduction, arranged alphabetically throughout (A to Z) under separate titles, in the form of a Death Lexicon. It is up to date, and each title has the text of the Statutory Authority, the Case Law, the Official Practice pertinent thereto, with appropriate typical examples.

Mr. Norman's really admirable book.'- Daily Chronicle.
* This excellent book .... will be of great assistance to solicitors.' ---Law Journal.
'Shows a complete knowledge of a .. .. thorny subject '-Law Times.
*Well arranged, well explained, well printed, and well indexed.'-Accountant.

Third Edition, Demy 8vo, cloth, ros. 6d.
CHALMERS' SALE OF GOODS ACT, 1893. Including the Factors Acts,

1889 and 1890. With an Introduction and Appendices, containing Statutes and Notes, &c. By His Honour Judge CHALMERS (Draftsman of the Act). * Probably there are few men who are better qualified to write a text-book on the above subjects that the draftsthan of the Bills of Exchange Act, 1882, and the Sale of Goods Bill, 1889.'-Law Times.

Third Edition, thoroughly Revised. Demy 8vo, cloth, 16s. BRETT'S LEADING CASES IN MODERN EQUITY. By Thomas Brett,

of the Middle Temple, Barrister-at-Law, LL.B., Author of 'Brett's Commentaries on the Present Laws of England, and Joint Author of Clerke and Brett's Conveyancing Acts,' and late Lecturer on Equity to the Incorporated Law Society. Third Edition, Revised to date. By J. D. Rogers, B.C.L., of the Inner Temple, and J. M. Dixon, of the Inner Temple, Barristers-at-Law. Specially recommended as a Text-book for The Final' by the Solicitors' Journal.

Just Published. Demy 8vo, cloth, 55. ELEMENTARY LAW FOR THE GENERAL PUBLIC. Adapted for all

Persons Possessing Property or Engaged in Business. By A. D. Tyssen, D.C.L., Barrister. at-Law.

Now Ready. Demy 8vo, cloth, 155. THE LAW OF LICENSING IN ENGLAND so far as it relates to the Retail

Sale of Intoxicating Liquors and to Theatres and Music Halls. With a full Appendix of Statutes. By John BRUCE WILLIAMSON, of the Middle Temple and North-Eastern Circuit,

Barrister-at-Law. 'In this useful work every phase of a question affecting a large section of the community is dealt with concisely, yet comprehensively, and it is tolerably safe to prophesy for the book, on its merits, an extensive circulation.'— Daily Telegraph.

Third Edition, Revised. Crown 8vo, cloth, price 55. THE OFFICE OF MAGISTRATE. By HAROLD Wright, B.A., LL.B., of

the Middle Temple, Barrister-at-Law, Stipendiary Magistrate for the Staffordshire Potteries, Author of • A Treatise on the Bankruptcy Act, 1883,' &c. 'This little book contains a capital epitome of the duties of a Magistrate, written in popular language. It is full of practical hints and suggestions.'-Law Times.

Demy Bvo, cloth, 6s. ; cash price, 58. ; postage 5d. S THE REAL REPRESENTATIVE LAW, 1897. Being Part I of the Land

Transfer Act, 1897, with notes thereon, and a discussion on Administration thereunder. By AMHERST D. Tyssen, D.C.L., of the Inner Temple, Barrister-at-Law. “Mr. Tyssen is a well-known legal author, and whatever he touches he illumines. The work before us displays learning, close reasoning and acumen, and will be a valuable guide to the law bearing on the real representative.' Law Times. 'The thanks of conveyancers are due to the author of this book.'-Law Journal.

Third Edition, Revised and Enlarged, Demy 8vo, cloth, 205. MOORE'S PRACTICAL FORMS (A Handbook of). Containing a variety of

C'seful and Select Precedents required in Solicitors' Offices relating to Conveyancing and General Matters. With Numerous Variations and Suggestions. By H. MOORE, Esq., Author of 'Instructions for Preparing Abstracts of Title,' * Practical Forms of Agreement,' &c. Third Edition. Thoroughly Revised and Edited by HERBERT PERCIVAL, of the Inner Temple, Esq., Barrister-at-Law.

Crown 8vo, cloth, 6s. RITUAL.- Modern Decisions on Ritual and Kindred Subjects. By GEORGE

John Talbot, M.A., of the Inner Temple, Barrister-at-Law ; late Fellow of All Souls College, Oxford. *This is a scholarlike and careful presentation of the legal questions which have arisen as a result of the movement begun at Oxford in the early part of the fourth decade of the century' - Law Journal.

· For one class of laymen . . . . we can imagine no more valuable reading than Mr. Talbot gives, we mean the clergy. From this book they can easily learn what is the law of the land which they are bound to obey.'-Law Times.

Demy 8vo, 100 pages, cloth, 255.
CUNYNGHAME'S ENGLISH PATENT PRACTICE. With the Acts, Rules,

Forms, and Precedents, and Notes of all the Recorded Cases. Illustrated with Sketches.
By H. CUNYNGHAME, M.A., Barrister-at-Law, M.I.E.E., late Royal Engineers.
Mr. Conynghame's work will occupy a place in the front rank of patent law literature.'—Law Journal.
'Should be possessed by all solicitors and patent agents.'-- Invention.

LONDON: WILLIAM CLOWES & SONS, LIMITED, 27 FLEET STREET, E.C.

6

Vols. 1-XX (Abandonment to Patent), with Index to Vols. 1-X, £20.

RULING CASES:

ARRANGED, ANNOTATED, AND EDITED

BY

ROBERT CAMPBELL, M.A.,

Of Lincoln's Inn, Barrister-at-Law,

ASSISTED BY COLLEAGUES OF THE BAR.

WITH AMERICAN NOTES
By IRVING BROWNE,

Formerly Editor of the 'American Reports,'
AND THE Hon. LEONARD A. JONES.

[ocr errors]

THE SERIES WILL BE COMPLETED IN TWENTY-FIVE VOLUMES.

The following Volumes have been issued: -
Volume I. Abandonment-Action. Volume XII. Executor-Indemnity,
II. Action-Amendment.

XIII. Infant-Insurance.
III. Ancient Light-Banker.

XIV. Insurance-Interpretation.
IV. Bankruptcy-Bill of Lading.

XV. Judge – Landlord and
V. Bill of Sale-Conflict of Law,

Tenant.
VI. Contract.

XVI. Larceny-Mandate.
VII. Conversion-Counsel.

XVII. Manorial Right-Mistake.
VIII. Criminal Law-Deed.

XVIII. Mortgage-Negligence. IX. Defamation-Dramatic and

(Nearly reair.) Musical Copyright,

XIX. Negligence-Partnership. X. Easement-Estate,

(In the Press.) XI. Estoppel-Execution.

XX. Patent. (In preparation.) The price per volume bound in half-vellum, gilt top, is 25s. net. Index to Volumes I to X (with Addenda from 1894 to 1896 inclusive), half-vellum,

price 20s. net.

[ocr errors]

Opinions of the Press. 'One of the most ambitious, and ought to be, when it is complete, one of the most generally useful legal works which the present century has produced.'— Literature.

• The rapidity and fullness which mark this compilation are remarkable. As the work grow's it is seen to be a perfect storehouse of the principles established and illustrated by our case law and that of the United States.'--Law Times.

* By this time this series has become so widely known, and doubtless appreciated, that it becomes unnecessary to do much more than chronicle the appearance of the new volume, to state the contents, and to say that its workmanship is quite up to the former level.' – Law Journal. "A work of unusual value and interest.

Each leading case or group of cases is preceded by a statement in bold type of the rule which they are quoted as establishing. The work is happy in conception, and this first volume shows that it will be adequately and successfully carried out.'-- Solicitors' Journal.

• The general scheme appears to be excellent, and its execution reflects the greatest credit on everybody concerned. It may, indeed, be said to constitute, for the present, the high-water mark of the science of book-making.'--Saturday Review.

"A Cyclopaedia of law ... most ably executed, learned, accurate, clear, concise ; but perhaps its chief merit is that it impresses on us what the practising English lawyer is too apt to forget- that English law really is a body of principles.'— The British Review.

[ocr errors]

STEVENS & SONS, LIMITED, 119 & 120 CHANCERY LANE, LONDON.

THE

LAW QUARTERLY

REVIEW:

No, LVIII. April, 1899.

NOTES.

[ocr errors]

HAT is a lottery? Hall v. Cox, '99,1 Q.B. 198,68 L.J.Q.B. 167,

C. A., does not answer this question, but it does show that a competition for a prize may look uncommonly like a lottery and yet not be one. The publishers of a newspaper offered a prize of £1,000 to any man who, under and subject to certain conditions, should predict correctly the numbers of male and female births and the number of deaths in London during the week ending on a given day in December 1897. A, owing to luck or skill, made the required prediction and claimed the prize, and on its being refused, brought an action for the amount. The publisher of the newspaper then, somewhat meanly as it would seem, raised the defence that the competition for the prize was a lottery. The judge held the defence good. The Court of Appeal have pronounced it bad, on the ground that to run a competition on to a lottery success must be a matter depending entirely upon chance. Unless this decision, which seems to be in harmony with Caminada v. Hulton, '91, 60 L. J. M. C. 116, and Stoddart v. Sagar, '95, 2 Q. B. 474, be overruled by the House of Lords, A will be lucky enough to win his £1,000.

Hall v. Cox and the decisions by which it is supported raise two questions which are certainly curious and may be important.

First, is it possible in the face of the existing decisions to put down lotteries?

If a prize competition is not legally a lottery; if the result depends in any degree, however small, upon skill, ingenious persons who profit greatly by the public love of gambling, will assuredly soon invent plenty of methods for opening competitions which involve all the evil without coming within the legal definition of lotteries.

Secondly, what are the valid grounds for forbidding lotteries ?

Whenever an honest lottery is set up, the person who buys a ticket does so with his eyes open. It is idle to contend that he

VOL. XV.

I

gets nothing for his money. He gains two advantages which many men in all ages have valued very highly. The one is the excitement of gambling, the other is the possibility of gaining wealth, and of gaining it without trouble. If the lottery is for a charitable or quasi-charitable object he may also gain the spiritual advantage of a good conscience Under these circumstances it is very difficult for any one who in the main agrees in the doctrine as to the proper limits of human liberty which some forty years ago were laid down by Mill, and accepted by the educated opinion of Englishmen, to say why lotteries should be held illegal.

If few thinkers to-day hold themselves intellectually estopped from questioning the absolute soundness of Mill's doctrine, fewer still will maintain that the English Courts have succeeded in drawing rightly the line which divides legitimate from illegitimate competition for prizes. If, as seems admittedly the case, the 'missing word’ competition (Barclay v. Pearson, '93, 2 Ch. 154, 62 L. J. Ch. 636) constitutes a lottery and is illegal, it is difficult to argue that on any ground of public expediency a competition in guesses as to the number of deaths in a particular week should be held a legitimate effort of skill. There is no doubt this difference in fact, that the 'missing word’ might be any one of a dozen, while in this case there was a real field for the statistical expert. Whist is not a mere game of chance, though the superior chance in the long run in favour of good as against indifferent play is said to be only a small percentage. Even a‘missing word 'competition might not be a mere lottery if the determination of the word could be reduced to rules of grammar or style.

A is employed in a pottery. His duty is to make balls of clay and hand them to the woman working at a machine. He is forbidden to interfere in any way witb the machinery. In spite of this he attempts to clean the machine during the absence of the woman, and in the course of doing this breaks his fingers. He claims compensation from his employer under the Workmen's Compensation Act, 1897 (60 & 61 Vict. c. 37), as for an accident 'arising out of or in the course of his employment.' The Court of Appeal bas held that A is not entitled to compensation. Lowe v. Pearson, '99, 1 Q. B. 261, 68 L.J. Q. B. 122, C. A. The Court may be charged by some persons with not giving full effect to the Workmen's Compensation Act, 1897. Yet the judgment of the Court is clearly right. A person who is employed to do one thing, when he hurts himself in doing another thing which he is expressly forbidden to do, cannot, with any show of reason, maintain that he is injured in the course of his employment.

Mr. Senior was a good and kind father, and bore among his neighbours an excellent character for general good conduct. He was, however, and no doubt still is, convinced on religious grounds that to employ medical help in case of illness shows a want of faith in God and is therefore a sin. Of his twelve children, seven have already died, and some of them, it is believed, for want of medical care.

He recently in the case of the illness of one child, an infant, nine months old, refused to obtain medical advice though the child was most seriously ill. The child died; it might probably have been saved, had medical assistance been procured. Mr. Senior was in consequence indicted for and found guilty of manslaughter under the Prevention of Cruelty to Children Act, 1894 (57 & 58 Vict. c. 41), 8. I, and his conviction has been upheld by the Court for Crown Cases Reserved. These are the brief facts of R. v. Senior, '99, 1 Q. B. 283, 68 L. J. Q. B. 175. They give occasion for reflection.

[ocr errors]

6

The Peculiar People, the sect to which Mr. Senior belongs, will no doubt hold him a martyr, and a good number of well meaning persons, who do not share his views, will say that he is the victim of persecution. This notion, widespread though it be, rests on a confusion of thought, and could have obtained currency only at a time when the habit of toleration had made people forget what persecution really meant. The word to persecute,' says Johnson, ‘is generally used of penalties inflicted for opinions.' Persecution is, to put the matter briefly, punishment on account of opinions. Where persecution took its most severe form, persons were punished, and it might very well be with death, on the ground that they held, or were supposed to hold, certain opinions or beliefs, or, to put the inatter in a concrete form, on the ground in one country of their being Jews, Protestants, or otherwise heretics, in another of their being Catholics. Where persecution took a milder shape persons were punished not for holding a belief, e.g. for being Protestants, but for attempting to propagate their belief or heresy, e.g. in Spain to convert Catholics to Protestantism. But whatever form persecution took it was always at bottom punishment for the holding or the propagation of opinions. Now of persecution in this sense there is in Mr. Senior's case none whatever. No one punishes him for holding, for teaching, or for preaching the doctrines of the Peculiar People. He is sent to prison not because he teaches a doctrine but because he does a particular act, namely neglects to supply his child with medical aid,

« PrejšnjaNaprej »