Becurities. It is of course useless to criticise the Earl of Sheffield's Case on the opinions expressed in it, except for the purpose of elucidating or ameuding the law. But I ask you with confideuce whether the title to negotiable securities ought not to be made at least as safe as the title to goods? In the case of goods, the person who takes them bond fide from the factor acquires under the Factors Acts a good title, although he knows he is dealing with an agent who is not the owner. I ask you with the utmost confidence whether the title of a person who bona fide takes negotiable instruments from a broker ought not to be equally protected."

In some papers we have seen it stated that the Factors Act, 1889, affects the question, and that Mr. Justice Kekewich, in giving judgment in Simmons's Case, missed this point: but a careful perusal of the Factors Act shows that the law as laid down by the Earl of Sheffield's Case is not altered. If the city wants an alteration of the law they must get an Act of Parliament: an alteration of the law will mean protection for honest bankers, &c., greater facilities for dishonest brokers, &c., and the Eacrifice of the public to the couvenience of the City.Law Notes.

THE LATE BARON DOWSE.

The death of Baron Dowse at the age of sixty-five removes from the Irish Bench its brightest, liveliest, and wittiest occupant. The present House of Commons does not associate an Irish Law Officer with rollicking humour and obstreperous mirth. What is true of this House is true of its immediate predecessors. Since 1874 the Attorneys and Selicitors-General for Ireland, from Lord Ashbourne to Mr. Madden, have been staid and Bober individuals, discharging the duties of their offices with punctilious severity. The present Irish Chancellor, as Mr. Gibson, is perhaps the only one of them who made any particular mark in the House or were much missed when they left it. Mr. Gibson was a very effective debater, who retired in the prime of life to the obscurity of the Irish Woolsack, and had the pleasure of listening from the Peers' Gallery to Mr. Gladstone's eloquent expression of regret for his departure. The names of Law, and Porter, and Johnson, and Holmes do not recall many Parlia mentary incidents of importance. But in the Parliament of 1868 there was a Solicitor-General for Ireland whom nobody could overlook. At the general election of that year, which settled the fate of the Irish Church, Mr. Dowse was returned in the Liberal interest for Londonderry, and in 1870 he succeeded the present Lord Justice Barry as Solicitor-General. A the beginning of 1872 he became Attorney-General, and at the end of 1872 be was made a judge. He thus sat in the House of Commons for only four years, during two of which his place was on the Treasury Bench. Probably no man ever acquired in so short a time a higher reputation as a Parliamentary humorist. His style was not always refined, and his jokes sometimes bordered on buffoonery. But they had the great and redeeming quality of making people laugh, whether they wished it or not, heartily, spontaneously, and outright. Mr. Dowse was an Ulsterman, and Ulster is not the part of Ireland where fun is nsually the raciest. There are exceptions, however. Colonel Saunderson is one, and, in a still higher degree, Mr. Dowse was another. He hardly ever spoke without setting the benches on a roar, and Mr. Bernal Osborne was seriously anuoyed. The time came when the rival wit thought that he would have his revenge. Mr. Dowse entered the Government, and forthwith assumed as mach gravity of demeanour as he conveniently could. Mr. Bernal Oshorne watched for his opportunity, and, contriving to follow the new Solicitor-General for Ireland in debate, taunted him with the depressing effect of the official treadmill. The House was in Committee, and Mr. Dowse could therefore reply. "I know nothing," he said, "which my honourable friend would so much appreciate and enjoy as six months' bard labour upon the instrument of torture to which he refers." Mr. Berual Osborne, who had held office uuder Lord Aberdeen aud Lord Palmerston, but not under Mr. Gladstone, “con

cluded," as the Americans say, to leave Mr. Dowse alone in the future. A lick with the rough side of Mr. Dowse's tongue, to use the famous phrase of Lord Jeffreys, usually left a disagreeable mark.

As Mr. Barry never obtained a seat while he was Attorney-General, Mr. Dowse was the legal representative of the Irish Government in the House of Commons, and a more thoroughly capable representative no Government ever bad. Most people know of his famous retort to Sir John Duke Coleridge, now Chief Justice of England, on the question of women's rights. It certainly does not follow, as Mr. Dowse observed, that because some judges are old women, all old women ought to be judges. For the last seventeen years of his life Baron Dwse was an active and vigorous judge himself. It cannot be said that the Irish Courts are overburdened with work, and Biron Dowse found plenty of scope for the play of his extra-judicial imagination. He was perfectly fearless and independent, hitting everybody all round with entire freedom and good humour. The head of the Division in which Baron Dowse sat is, perhaps, the ablest lawyer in Ireland. But on a very important point Baron Dowse ventured to differ with him. He could not be brought to agree with Chief Baron Palles and Mr. Justice Andrews that, on an application for a writ of habeas corpus, the Court may look at the depositions to see whether there is any legal evidence of guilt. The judgment of the majority, of course, prevailed, and many decisions of resident magistrates have been brought up for review in consequence. But Baron Dowse's opinion was in accordance with the decisions of the English judges, who have always heli that a warrant duly issued by a Court of competent jurisdiction destroyed the right to a habeas corpus. Barou Dowse, whose health had been visibly failing for some time before his sudden death, was perhaps too fond of entering into controversial topics from the judicial Beuch. But the Irish standard in these matters is not the same as the English, and Baron Dowse's fun was irrepressible. If he saw a chance of making anybody or anything look ridiculous, considerations of prudence never restrained him. He must have been happy indeed when the local reporter made him exclaim, "Better fifty years of Europe thau a circus in Bom. bay!" For he was one of those fortunate people who cau enjoy jokes against themselves. It must in candour be added that he would, if nothing else occurred to him, make the worst of paus. It is a pity, to end with a Hibernianism, that he could not have lived to read his own obituary notice in the Times. How he would have obuckled over the last two sentences:-"A great Irishman has passed away. God grant that many as great and who as wisely shall love their country may follow him." "He knew his country's weaknesses,” says this charming writer. He could not have had a better example.-Saturday Review.

WAGERING CONTRACTS.

In Read v. Anderson, 53 Law J. Rep. Q. B. 532; L. R. 13 Q. B. Div. 779; 51 L. T. 55; 32 W. R. 950, it was, nearly six years ago, decided by a majority of the Court of Appeal that where a "turf commission ageut" is employed to bet in his own name, then, if the bets, being lost, be paid even after revocation of the implied authority to pay them, the agent may still recover from the principal the money paid. Is this decision good law or not? Lord Esher dissented from it in the Court of Appeal, and the late Mr. Justice Manisty afterwards diapproved of it in Cohen v. Kittell, 58 Law J. Rep. Q. B. 241; L. R. 22 Q. B. Div. 680; 37 W. R. 400, in which the High Court held that a turf commission agent can. not be sued for breach of contract in failing to make certain bets in pursuance of his employer's instructions. For ourselves, we have never had any doubt that Read v. Anderson is wrong. The single judgment of Lord Justice Bowen (for Lord Justice Fry merely assented sans phrase) proceeds on the ground that it is well

understood to be part of the bargain between employer and employed in these betting oases that the principal should recoup the agent, aud shall not revoke the authority to pay, but in lemnify the agent against all payments made in the regular course of business. But this is directly in the teeth of a former judgment of the Court of Appeal in Hampden v. Walsh, 47 Law J. Rep. Chanc. 243; L. R. 1 Q. B. Div. 189, in which it was held that money deposited with a stakeholder in pursuance of a wagering contract may, after loss of wager and revocation of the stakeholder's authority before payment, be recovered from the stakeholder paying over to the winner in defiance of the revocation. Upon authority, therefore, the law of Read v. Anderson is bad; and we think also that it is bad on principle as recognising a business to make contracts for other persons which the Legislature in 8 & 9 Vict. c. 109, s. 18, has deliberately made void. It is much to be wished, therefore, that the question, which the increased prevalence of gambling (as shown by the bankruptcy reports and the Bankruptcy Bill) renders one of pressing importance, should come before the House of Lords.— Law Journal.

Betting by persons who cannot afford to lose is beyond doubt on the increase, and we cannot help thinking that the unfortunate decision of the Court of Appeal, in Read . Anderson (51 L. T. Rep. N. S. 55), to the effect that "turf commission agents" may demean themselves as if wagering contracts were valid, has done very much to stimulate it. Iu strict law, however, we see no reason to question the correctness of the decision of the High Court in the very curious case of Davis (pp.), Stephenson (resp.), which we noted ante, p. 362. In this case & bookmaker took money from the backers of horses on a piece of waste ground adjoining but not forming part of licensed premises. The backers came to this ground and there handed to the bookmaker packets containing their money, and having superscribed, the names of the horses they wished to back. The bookmaker took the packets on an agreement that, if the horse named thereon wo", he would pay the backer the amount deposited in addition to the amount won according to the odds current against the horse at the start. As the packets accumulated, the bookmaker, with the kuowledge and connivance of the licensed person, employed the daughter of the licensed person to carry them into the licensed premises, in a drawer of the public bar of which the papers, which had formed the packets, were afterwards found. The stipendiary magistrate, and subsequently the Recorder of Birming. ham, had held that the licensed person had been guilty of suffering his house to be used in contravention of the Betting Houses Act, 1853 (16 & 17 Vict. c. 119), and could therefore be convicted uuder sect. 17 of the Licensing Act, 1872, the Recorder dismissing an appeal against the magistrate's conviction, subject to a case for the High Court. The device was a very clever one, and, as an Act evaded is an Act not broken, it seems to us quite clear that the conviction was wrong, and the High Court right. In connection with this case, attention may be drawn to sect. 5 of the Act, which has dealt successfully with ad evasion of another branch of licensing law. This section enacts that, if any purchaser of any intoxicating liquor from a person holding na "off. license" ouly drinks such liquor on the premises where the same is sold, or on any highway adjoining or near such premises, the seller shall, if it shall appear that such drinking was with his privity or consent," be liable to certain penalties therein mentioned; and it is added that, "for the purposes of this section the expression 'premises where the same is sold' shall include any premises adjoining or near the premises where the liquor is sold, if belonging to the seller of the liquor, or under his control, or used by his permission." It may be worth while considering whether the word "house" in sect. 17 of the Act might not have a similarily extended meaning given to it by an amending Bill.-Law Times.

This was a case stated by a recorder who had dismissed an appeal against a conviction under the Licensing Act, 1872, by a stipendiary magistrate of the keeper of a licensed beerhouse for having unlawfully suffered his licensed house to be kept and used in coutravention of the Betting Act (16 & 17 Vic., c. 119), s. 3.

The facts found by the case were, shortly, that Davis, the appellant, was keeper of the Justice Tavern, Moor Street, Birmingham. A side door of this tavern opened into an entry leading from Moor Street to a piece of waste ground at the rere of the tavern. This waste ground on the other side opened on to a public footroad called Nelson Passage. Neither the entry, the waste ground, nor Nelson's Passage were included in the licensed area, nor were they in the appellant's occupa tion. Ou June 20, 1889, oue Hicks was standing in Nelson Passage and on the waste ground, and 188 persons came to him and each handed him a closed packet containing money wrapped in pieces of paper upon which were written the names of horses running at Ascot on that day, which were intended to be backed, the name of the backer and amount deposited being also specified. From time to time the appellant's daughter came out from the tavern and received from Hicks in Nelson Passage these packets, which she carried back in a bag. Afterwards, on the same day, a search warrant was executed at the tavern. The appellant was behind the bar, and Hicks was on the premises among the ordinary customers. The appellaut had in frout of him a glass containing money and a "paying-out sheet" relating to other days. A number of papers forming part of the packets given that day to Hicks iu Nelson Passage were also found in a drawer in the bar. Hicks was charged with using the waste ground and Nelson Passage in contravention of the Act for suppressing betting-houses, and convicted. He paid the fine and did not appeal. None of the persons from whom the packets were received were proved to have been persous resorting to the licensed premises. It was contended for the appellant that the Licensing Act, 1872, and the Act 16 & 17 Vie., c. 119, were not contravened unless the persons with whom the bets were made actually resorted to the house alleged to have been kept or used, or unless the money received by or on behalf of the keeper were actually received at such house, and not merely carried there after having been originally received elsewhere. The recorder over. ruled these contentions. The question for the opinion of the Court was whether he was right. Hugo Young for the appellant.

Poland, Q.C., and Russell Griffiths for the respondent. The COURT (Lord Coleridge, C.J., and Lord Esher, M.R., sitting as a Divisional Court) held that the conviction could not be sustained. There had been no absolute contravention of the Act. It would be straining the Act to hold that mouey which in fact was received out of the house was received in it.

Appeal allowed, conviction quashed.,

CORRESPONDENCE.

We throw open the columns of this journal most willingly for the discussion of subjects of interest to the profession; but it must be understood that we do not necessarily agree with all the opinions expressed by our correspondents.

Letters and communications intended for publication and addressed to THE EDITOR, 53 Upper Sackville-street, Dublin, must be authenticated by the name of the writer, not necessarily for publication, but as a guarantee of good faith.

*.* Le'ters intended for publication in the same week should reach the Office not later than Thursday morning.

BOOKS FOR THE FINAL EXAMINATIONS.

TO THE EDITOR OF THE IRISH LAW TIMES.

SIR,-Now, as the time is quickly approaching for the selection of books for the final examinations of solicitors' apprentices, I would wish to draw under the notice of the Incorporated Law Society a matter of no little importance when viewed in connection with the Final Examination, viz., the very large amount of work, especially on contract law, necessary to be made up, comprising else on four thousand pages (when including Broom, Leake, Pollock, and Williams's Personal Property).

Every person will admit it is rather too much for the overworked apprentice to make up all these four thousand pages in the solitude of his chamber, conse

DATK

quently he has to resort to the aid of a grinder-the prevailing practice now-a-days.

This burthen could in a fair way be lightened by excluding "Pollock," which was evidently intended for the more learned branch of the legal profession and not as a work for solicitors' apprentices-and prescribe instead a more adopted, elementary, and rational book of CHITTY on Contracts,

I do not agitate for a change as others in past years did, when they wanted to exclude Leake from the list. I have not read Leak, but can very well judge what a very suitable book it must have been, and is to the present day, when, although aged, the Society, as very properly, thought fit to retain it amongst the more modern authorities recommended for the Final.

Hoping the Society will see fit to make the suggested alteration, and ameliorate the sufferings of the youthful aspirants to the noble profession, Yours very truly,

A CORKMAN.

Holloway's Pills.-Nervous Irritability. - No part of the human machine requires more constant supervision than the nervous systemfor upon it our health-and even life-depends. These Pills strengthen the nerves and are the safest general purifiers of the blood. Nausea, headache, giddiness, numbness and mental apathy yield to them. They relieve in a summary manner those distressing dyspeptie symptoma stomachic pains, fulness at the pit of the stomach, abdominal distension, and regulate alike capricious appetites and confined bowelsthe commonly accompanying signs of defective or diminished nerve tone. Holloway's Pills are particularly recommended to persons of studious and sedentary habits, who gradually fall into a nervous and irritable state, unless some such restorative be occasionally taken.

£ s. d. 122 0 0 Valuation 82 5 0 Valuation 205 4 6 351 9 6

S. R. C. Walker

Meldon & Co.

J. F. Dunwoody

Bernard & Son

Rev. John Hutton O'Connor and another, petitioners

6 Devisees of Thomas Brindley Sheridan,

petitioners

Edward M. Davies, owner;

Sale

Cavan

Michael B. Davies and another, petitioners

:

Frederick Kennedy, owner and petitioner

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139 0 0 Valuation 474 12 6

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Ernest W. Harris
Geo. M'Ildowie & Son
Alfred Stubbs

Brown & Henry
John Ryan & Son

M. Larkin & Co.
Frederick Kennedy
Frederick Gifford

T. W. Hardman & Sons

B. Whitney & Co.
Maxwell & Weldon

Molloy & Molloy

John Roe & Co.

William Barrett Homan and another, petitioners

COURT OF BANKRUPTCY.

ADJUDICATIONS IN BANKRUPTCY.

[The dates of Adjudications are first given, the Sillings follow in italics.]

DUBLIN.

Hanigan, John, of Clashaniska, Ballypatrick, Clonmel, in the county of Tipperary, farmer. April 1; Tuesday, April 15, and Friday, May 2. John Tweedy, solr.

LAW STUDENTS' JOURNAL.

KING'S INNS.

EASTER SESSION, 1890.

LEGAL EDUCATION.

Dunbar Plunket Barton, Esq., Q.C., King's Inns Professor of the Law of Personal Property, the Law of Contracts, and the Law of Torts, will deliver his Course of Lectures in the Lecture Room, at the King's Inns, on Tuesdays and Fridays, during the Easter Session.

Professor Barton, Q.C., will lecture during the Session on the Law of Torts. Book of reference: "Pollock on Torts." Reference will also be made to the English edition of "Bigelow on Torts."

The First Lecture will be delivered on Tuesday, the 15th April, at half-past Four o'clock.

Joseph Henry Moore, Esq., King's Inns Professor of Equity and Pleading and Practice, in the several Divisions of the High Court of Justice, will deliver his Course of Lectures in the Lecture Room, at the King's Inns, on Mondays and Thursdays, during the Easter Session.

Professor Moore will lecture during the Session on Chancery Practice aud Pleading. The Books to be referred to will be "Underhill's Chancery Practice," and "Reilly on Summary Petitions."

The First Lecture will be delivered on Thursday, the 17th April, at half past Four o'clock.

The Lectures of the Professors will be delivered at Five o'clock, p.m., but all Students are to be in attendance in the Lecture Room at half past Four o'clock, p.m.

Each Course will contain Twelve Lectures, all open to the Public.

Students are requested to take notice that Professor Barton will hold his Examination for Hilary Session, in the Lecture Room, on Monday, 14th April, at Eleven o'clock. By Order,

JOHN D. O'HANLON,
Under Treasurer.

100

100

Do. Do.

do. (1860) do. (1864)

100 Gt. N'th'n (Irind) gt'd 4 p、

100 Do., (Derry) 4 p c

100 Gt.South'n & West'n 4 p 100 Mid.Great Western, 4 p c 100 Do., 5 pe

100

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Watfd.& Limerick, 4 p c Do., new red, 1878, 5 pe Do. do. 4 pc, 1873 Debenture Stocks Belfast & Co. Down, 4 p c Belfast & Nth'n Cos, 4 pe Gt.Northern(Ireland) 4 p

Gt.South n & West'n, 4p. Midland Gt. West'n. 4 pe Miscellaneous Debent. Ballast Office Deb.,£92 6s 2d, 4 pc Dub. Cor. Stock, redeem. 1944

APRIL Fri. Sat. Mon. Tues. Wed Th. 5 7 8 9 10

111

1

1001

COLE BOWEN and COLLEY-April 10, at the Parish Church, Clontarf, by the Rev. H. F. Chenevix Trench, M.A., Vicar of St John the Baptist's, Liverpool, assisted by the Rev. Macnevin Bradshaw, M.A., Rector of the Parish, and the Rev. R. Deane liver, M.A., Chaplain to the Lord Archbishop of Dublin, Henry Cole Bowen, J.P., M.A., barrister-at-law, of Bowen's Court, County Cork, to Florence Isabella, daughter of the late Henry Fitzgeorge Colley, J.P., of Mount Temple, County Dublin.

PRENDERGAST and CONOLLY-January 5 (by special licence), by the Rev. J. E. O'Malley, Adm., Westland-row, Dublin, John F. Prendergast, third son of the late John Prendergast, Esq., solicitor, Suir Mount, Clonmel, to Georgina Mary, widow of the late Surgeon Conolly, A. M.D., and daughter of George Lysaght, Esq.

WHEREAS application has been made to the Court by the said Owner for an Order, pursuant to Section 14, Subsection 1, of the Land Law (Ireland) Act, 1887, that the amount of the advances sanctioned in this Matter in respect of Sales to the Tenants of the lands set forth in the Schedule hereto (or part thereof), less the amount of such of the guarantee deposits as are not being lodged in cash, be paid into the Bank of Ireland, to the account of the Irish Land Commission and credit of this Matter, aud that the claims of all persons (except the tenants or persons claiming under them) who are interested in the lands sold, whether as incumbrancers or otherwise, shall attach to the purchase-money of such lands in like manner as immediately before the sales they attached to the lands, and shall cease to be of any validity against the lands.

And whereas the said Owner claims to be seized of the said lands in fee simple, subject only as is mentioned in the Originating Statement in this Matter, filed the 15th day of May, 1888

Let all parties Take Notice that the said Application will come before me to report upon on Tuesday, the 29th day of April, 1890, at my Chamber, 24 Upper Merrion-street, Dublin, at Eleven o'clock in the forenoon, and will come on for hearing before Mr. Commissioner MACCARTHY, at his Court, Upper Merrion-street, aforesaid, on Tuesday, the 6th day of May, 1890, at Eleven o'clock in the forenoon, when a Final Order will be made, and all persons are at liberty to inspect the said Originating Statement at my Office, and any person, for any valid reason, objecting to such Order being made, may enter an appearance in the Matter, and file an Affidavit of Cause against the said Order being made, and appear on the hearing of such application.

And Further Take Notice that, immediately on the making of such Order, the Court will proceed to vest the several holdings in the purchasing tenants thereof, and to charge the said holdings with the annuities in respect of the said advances.

Dated this 1st day of April, 1890.

MONEY:

RISH CIVIL SERVICE BUILDING SOCIETY.

SPECIAL NOTICE.

In order to meet the demand of the public for temporary accommodation the Board are prepared to lend on good house property, for periods not exceeding Twelve Months, at 6 per cent. interest and greatly reduced costs.

This, they anticipate, will prove a boon to parties requiring Money for short periods only, who are thereby saved the expenses incidental to an ordinary mortgage.

Forms of Application, Prospectus, and every information supplied on application to A. H. MERCER, Sec.

52 LOWER SACKVILLE-STREET, DUBLIN, 171

MADDEN & BLACK, BAR WIG AND ROBE MAKERS,

Manufacturers of every description of Judges' and Barristers' Wigs; Judges', Queen's Counsel, and Solicitors' Robes. LAWYERS' BRIEF BAGS FROM 6/6 EACH. (Robing Rooms under the Court of Exchequer.) Orders received at Haircutting Rooms145 CAPEL-STREET.

46

HENNIG BROS., Billiard Table Makers, 29 HIGH STREET, LONDON, W.C.,

Undertake to supply new 14 in slate bed full size Bolid mahogany Billiard Tables of guaranteed workmanship and finish, replete with every modern improvement and requisites of the value of £10, delivered and fixed for £60; or freight paid to any Colonial Port for £70. Undersize, French, and Magic Billiard Dining Tables from £6 68. New Billiard. Pool, or Pyramid Balls, full size, real Ivory, from 10s. Supr West of England Cloths for full size Tables and Cushions, from 62s. 6d. Cues (well seasoned Ash) 18.; ditto, supr. hardwood butted, 28., 2s. 6d., 38, 3s. 6d., 48., 4s. 6d.; Ebony butted, 58. Cue Cases, 2s. 6d. and 38. Cue Tips (best quality only), 1s., 18. 2d., 18. 4c., and 18. 6d. per box of 100. Cue Tip Chalks, 18. per gross. Restuffing Cushions with Rubber, warranted not to get hard in any climate, £8 10s. Adjusting and Colouring Balls, 8d. Price Lists, Cloth and Cushion Rubber Samples, post free. Every kind of Billiard Work executed with despatch, carefully and at moderate charges. Billiard Rooms fitted throughout; distance no object. Colonial and Shipping Orders promptly attended Estab. 1862. Cut out and preserve for future reference.

0.

WANTS:

173

OLICITOR.-Required as an Assistant in the

SOL

Country a Junior Member of the Profession (Protestant), capable af taking charge of a considerable business during the temporary absence of the Principal. Experience in County Court business necessary. Address" DE F," Office of the IRISH LAW TIMES, 58 Upper Sackville-street, Dublin.

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