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In 1 thick vol. royal 12mo., price 17. 10s. cloth boards, HE LAW and PRACTICE in EJECTMENT under the COMMON-LAW PROCEDURE ACTS of 1852 and 1854, (15 & 16 Vict. c. 76, and 17 & 18 Vict. c. 125); also in Actions of Trespass for Mesne Profits, Actions for Double Value and Double Rent; Actions for Possession in the County Courts; Summary Proceedings before Justices to recover Possession of Small Tenements, Deserted Premises, or Parish Property; and under the Statutes against Forcible Entries and Detainers. With Forms, (above 400). By W. R. COLE, Esq., of the Middle Temple, Barrister at Law.

MA

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In 1 vol. 12mo., price 17. 18. cloth boards, ACRAE'S PRACTICE of INSOLVENCY under the PROTECTION ACTS, 5 & 6 Vict. c. 116; 7 & 8 Vict. c. 96; and 10 & 11 Vict. c. 102. With the Statutes, Rules, Orders, List of Fees, the Forms, as adapted to the change of jurisdiction, and Cases decided up to the present time; including numerous Decisions not hitherto reported, with Memoranda of the Duties of the Officers of County Courts in Insolvency. The Second Edition.

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FISHER'S (HARRISON'S) ANNUAL DIGEST FOR 1859.
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THE LAW of CON, Author of "Leading Cases," "A
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Since the publication of the first edition, the progress of legislation on the subjects treated of has rendered necessary considerable alterations and additions in this and in the preceding edition, and while much new matter has been introduced, all that has become obsolete has been omitted. In many other matters the law has been materially altered, and doubtful points have been settled by recently-decided cases, all which are now to be found in the present edition.

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Law," &c.

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HE

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TREATISE on RIGHTS of WATER, including TEENMETROPOL Complete Edition of this Act; with an In

Public and Private Rights to the Sea and Sea-shore. By J. B. PHEAR, Esq., of the Inner Temple, Barrister at Law, Senior Fellow of Clare College, Cambridge.

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troduction, copious Practical Notes, and a full Double Index. Also, 3 Table of Qualifications for Voters, Vestrymen, Auditors, &c. By TOUL MIN SMITH, of Lincoln's-inn, Esq., Barrister at Law, Author of "The Parish: its Obligations and Powers; its Officers and their Duties." H. Sweet, 3, Chancery-lane; V. & R. Stevens & Sons; and W. Maxwell, Bell-yard, Lincoln's-inn.

A BOON TO NERVOUS SUFFERERS. WE for GRATUITOUS CIRCULATION.-HENRY SMITH, WENTY THOUSAND COPIES of a MEDICAL Doctor of Medicine of the Royal University of Jena, &c., who has de voted fifteen years to the study and treatment of Nervous Debility, Loss of Memory, Dimness of Sight, Lassitude, and Indigestion, will send free, for the benefit of nervous sufferers, a copy of the NEW MEDICAL GUIDE, containing his highly successful mode of treatment, with neces sary instructions, by which sufferers may obtain a cure. Every young

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in the COURT of CHANCERY, with Practical Notes and Observations, including as well those Forms which are in ordinary use, and required by Solicitors in the conduct of a Cause, as also Precedents of Pleadings, Forms of Petitions, Decrees and Orders in Suits, and under the Infants, Settlements, and Settled Estates Acts; the Trustee, the Trustee Relief, and other Acts. With References to the Third Edition of Daniell's Chancery Practice; and an Appendix containing the Regulations of the Judges of the 8th August, 1857. By RICHARD S. TRIPP, Esq., Barrister at Law.

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ACCOUNT BOOKS.-Simple forms and convenient PELICAN LIFE

sizes of ACCOUNT BOOKS, for large or small Practices, designed by Mr. G. J. KAIN, the Law Accountant, are, by permission, made and sold by WATERLOWS, Birchin lane, E. C. (See Law List, 1860, pages 826 and 827).

List free by post.

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WHARTON'S LAW LEXICON.-Second Edition.
In royal 8vo., price 12. 58.,

HE LAW LEXICON; or, DICTIONARY of of employed in the several Departments of English Law; including the various Legal Terms used in Commercial Transactions. Together with an Explanatory as well as Literal Translation of the Latin Maxims contained in the Writings of the Ancient and Modern Commentators. By J. S. WHARTON, Esq., M.A., Oxon, Barrister at Law, Author of "The Articled Clerk's Manual," &c. Second Edition, enlarged. V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn.

GREENWOOD'S MANUAL OF CONVEYANCING.
Second Edition, in 12mo., price 10s. 6d. cloth,

A MANUAL of the PRACTICE of CONVEY

ANCING, shewing the present Practice relating to the daily routine of Conveyancing in Solicitors' Offices. To which are added, concise Common Forms and Precedents in Conveyancing-Conditions of Sales, Conveyances, and all other Assurances in constant use. By G. W. GREENWOOD. Second Edition, enlarged.

V. & R. Stevens & Sons, 26, Bell-yard, Lincoln's-inn.
No. 293, VOL. VI., NEW SERIES.

INSURANCE

(ESTABLISHED IN 1797),

COMPANY,

70, Lombard-street, City, and 57, Charing-cross, Westminster.
DIRECTORS.

Octavius E. Coope, Esq.
William Cotton, D.C.L., F.R. S.
John Davis, Esq.

Jas. A. Gordon, M.D., F.R.S.
Edward Hawkins, jun., Esq.
Kirkman D. Hodgson, Esq., M.P.
This Company offers

Henry Lancelot Holland, Esq.
William James Lancaster, Esq.
John Lubbock, Esq., F.R.S.
Benjamin Shaw, Esq.
Matthew Whiting, Esq.
M. Wyvill, jun., Esq., M.P.

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Lewis Loyd, Esq.

John Henry Smith, Esq.

Stewart Marjoribanks, Esq.
John Martin, Esq.
Rowland Mitchell, Esq.
James Morris, Esq.
Henry Norman, Esq.
Henry R. Reynolds, Esq.
Sir Godfrey J. Thomas, Bart.
John Thornton, Esq.
James Tulloch, Esq.

AUDITORS.

Henry Sykes Thornton, Esq. Cornelius Paine, jun., Esq.

Thos. Tallemach, Esq., Secretary.-Samuel Brown, Esq., Actuary. LIFE DEPARTMENT.-Under the provisions of an Act of Parliament, this Company now offers to new Insurers EIGHTY PER CENT. of the PROFITS, with Quinquennial Division, or a low Rate of Premium without participation of Profits.

Since the establishment of the Company in 1821, the amount of Profits allotted to the Assured has exceeded in Cash value 660,000%., which represents equivalent Reversionary Bonuses of 1,058,000%.

After the Division of Profits at Christmas, 1859, the Life Assurances in force, with existing Bonuses thereon, amounted to upwards of 4,730,000., the Income from the Life Branch 207,000l. per annum, and the Life Assurance Fund exceeded 1,618,0001.

LOCAL MILITIA and VOLUNTEER CORPS.-No extra premium is required for service therein.

INVALID LIVES assured at corresponding Extra Premiums. LOANS granted on Life Policies to the extent of their values, if such value be not less than 50%.

ASSIGNMENTS OF POLICIES.-Written Notices of, received and registered.

MEDICAL FEES paid by the Company, and no charge for Policy Stamps.

FIRE DEPARTMENT.-Insurances are effected upon every description of property at moderate rates.

Losses caused by Explosion of Gas are admitted by this Company.

FF

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GAZETTES.-FRIDAY, Aug. 10.

BANKRUPTS.

NATHAN BENJAMIN and EDWIN DIPPLE, New Cut, Lambeth, Surrey, gas fitters, Aug. 22 and Sept. 28 at 12, London: Off. Ass. Whitmore; Sols. Malim, 11, Gray'sinn-square, London; Harrison & Wood, Birmingham.Pet. f. Aug. 2.

ROBERT DURRANT and GEORGE BROCK, Norwich, tallow chandlers, Aug. 22 and Sept. 28 at 11, London: Off. Ass. Cannan; Sols. Richardson, 15, Old Jewry-chambers, Old Jewry, London; Sadd, Norwich.-Pet. f. Aug. 1. ROBERT OLIVER, Wilmington-street, Wilmington-square, Clerkenwell, Middlesex, manufacturing jeweller, Aug. 24 at 1, and Sept. 28 at half-past 1, London: Off. Ass. Whitmore; Sols. Flax & Argles, 68, Cheapside.- Pet. f. Aug. 8. JOHN BAYLESS WIDNELL, Regent-street, Middlesex, mantle manufacturer, Aug. 22 and Sept. 28 at 1, London: Off. Ass. Cannan; Sols. Sampson & Co., 30, New Broadstreet.-Pet. f. Aug. 1.

JAMES DENNY CHAPMAN, Aldermanbury, City, warehouseman, and High-street, Whitechapel, Middlesex, linendraper, Aug. 24 at half-past 11, and Sept. 28 at 2, London: Off. Ass. Whitmore; Sols. Depree & Austen, 23, Lawrence-lane, Cheapside.-Pet. f. July 25.

FRANK HOLLOWAY, Paul-street, Finsbury, Middlesex, engineer, Aug. 22 and Sept. 28 at half-past 11, London: Off. Ass. Cannan; Sol. Chidley, 10, Basinghall-street. -Pet. f. Aug. 7.

JAMES PITCHER, Hampstead-road, Middlesex, leather seller, Aug. 22 and Sept. 28 at half-past 12, London: Off Ass. Cannan; Sols. J. & W. Butler, 191, Tooley-street, Southwark.-Pet. f. Aug. 8.

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GUSTAVE WINTER, Milk-street, City, warehouseman, Aug. 24 at 12, and Sept. 21 at half-past 12, London: Off. Ass. Whitmore; Sol. Lloyd, 26, Milk-street. - Pet. f. Aug. 4. ALBERT LEE WARD, Fenchurch-street, City, ship broker, (trading under the firm of Ward, Harries, & Co.), Aug. 22 at half-past 1, and Sept. 27 at 11, London: Off. Ass. Whitmore; Sols. J. & C. Cole, 36, Essex-street, Strand.-Pet. f. Aug. 9.

LAZARUS LEWIS, New-street and Hutchison-street, Gravel-lane, Houndsditch, City, trimming seller, Aug. 24 and Sept. 22 at 11, London: Off. Ass. Cannan; Sol. Sydney, 33, Jewry-street, Aldgate.-Pet. f. Aug. 9. WILLIAM RICHARDS, Upper North-place, Gray's-innroad, Middlesex, builder, Aug. 22 at 2, and Sept. 22 at half-past 11, London: Off. Ass. Cannan; Sols. Lawrance & Co., 14, Old Jewry-chambers, Old Jewry, London.Pet. f. Aug. 10.

HENRY FOOT, Fort-street, Spitalfields, Middlesex, and Sudbury, Suffolk, silk manufacturer, Aug. 23 at 12, and Sept. 24 at half-past 1, London: Off. Ass. Pennell; Sols. Peek & Downing, 10, Basinghall-street, City. - Pet. f.

June 27.

JOSIAH ADAMS, Hanley, Staffordshire, grocer, Aug. 16 and Sept. 7 at 11, Birmingham: Off. Ass. Whitmore; Sols. Hodgson & Allen, Birmingham; Evans & Co., Liverpool, (and not Birmingham, as previously advertised).— Pet. d. July 20.

WILLIAM JEFFRIES, Dudley, Worcestershire, iron-
master, Aug. 20 and Sept. 10 at 11, Birmingham: Off.
Ass. Kinnear; Sols. Hodgson & Allen, Birmingham.- Pet.
d. July 31.
GEORGE VICARY WAKEFIELD and ROBERT BIRT,
Swansea, Glamorganshire, hotel keepers, Aug. 22 and
Sept. 19 at 11, Bristol: Off. Ass. Acraman; Sols. Ensor,
Cardiff; Abbott & Co., Bristol.-Pet. f. July 26.
GEORGE REEVES the younger, Cheltenham, Gloucester-
shire, riding master, Aug. 22 and Sept. 19 at 11, Bristol :
Off. Áss. Acraman; Sol. Williams, Cheltenham.-Pet. f.
Aug. 6.

ALBINE WILLIAMSON, Nottingham, blacksmith, Aug. 21 and Sept. 20 at 11, Nottingham: Off. Ass. Harris; Sol. Smith, Nottingham.-Pet. d. Aug. 8.

ROBERT MILLER, Winterborne Kingston, Dorsetshire, letter for hire of agricultural machines, Aug. 22 and Sept. 12 at 1, Exeter: Off. Ass. Hirtzel; Sols. Lock, Dorchester; Terrell, Exeter.-Pet. f. Aug. 7.

SAMUEL SOLOMON MAURICE, Great St. Helen's, Bishopsgate-street, City, merchant, (carrying on business with Georges De Mets, at Odessa, under the style or firm of Georges De Mets & Co.), Aug. 21 at 11, and Sept. 25 at half-past 11, London: Off. Ass. Edwards; Sol. Spyer, 30, Broad-street-buildings, London.-Pet. f. Aug. 7.

JOHN WESLEY SWANN, Manchester, India rubber manufacturer, Aug. 21 and Sept. 20 at 12, Manchester: Off, Ass. Hernaman; Sols. Hewitt & Needham, Manchester.Pet. f. Aug. 6.

MEETINGS.

William Hunter, Three Colt-street, Limehouse, Middlesex, ship joiner, Aug. 20 at half-past 11, London, aud. ac.John Barton and George Barton, Manchester, copper roller manufacturers, Aug. 21 at 12, Manchester, aud. ac. CERTIFICATES.

To be allowed, unless Cause be shewn to the contrary on or before the Day of Meeting.

Nathaniel Symons, Cambridge-street, St. Pancras, Middlesex, ironfounder, Sept. 3 at half-past 12, London.

To be granted, unless an Appeal be duly entered. Henry Harvey, Hatton-garden, Holborn, Middlesex, lamp manufacturer.-Louis Cook, Great Cambridge-street, Hackney-road, Middlesex, shoe manufacturer.-Kershaw Noble, Ambler Thorn, Northowram, Halifax, Yorkshire, joiner.Joseph Slater, Leeds and Oulton, Yorkshire, stone merchant.

SCOTCH SEQUESTRATIONS.

John Allan, Inverkeithing, grocer.- David Breckenridge, Glasgow, house factor.-Wm. Urquhart, Dingwall, grocer. -George Alexander Mitchell, Glasgow, ironmonger.-Geo. Brown, Aberdeen, draper.-William Stewart, Corshalloch, Gartly, Aberdeenshire, farmer.

TUESDAY, Aug. 14.

BANKRUPTS.

ROBERT MITCHELL, Tunbridge Wells, Kent, draper, Aug. 24 at half-past 12, and Sept. 22 at 12, London: Off. Ass. Cannan; Sols. Cox & Sons, 14, Sise-lane, London.Pet. f. Aug. 4.

THOMAS HENRY HARPER, Abingdon, Berkshire, confectioner, Aug. 24 at half-past 1, and Sept. 27 at 12, London: Off. Ass. Whitmore; Sols. Bishop & Son, 2, Tudorstreet, Blackfriars.-Pet. f. Aug. 10.

JAMES ZACHARIES WILLIAMS, Woburn-chambers, Henrietta-street, Covent-garden, Middlesex, builder, Aug. 24 at half-past 10, and Sept. 27 at 1, London: Off. Ass. Whitmore; Sol. Peckham, 4, Ludgate-street, St. Paul's.— Pet. f. Aug. 3.

JOHN THOMSON, High-street, Kensington, and Brydgesst., Covent-garden, Middlesex, licensed victualler, (trading as Charles Thomson), Aug. 24 at 2, and Sept. 27 at halfpast 12, London: Off. Ass. Whitmore; Sol. Peckham, 40, Ludgate-street.-Pet. f. Aug. 9.

RANSON GEORGE WILKINSON, Fenchurch-street, City, shipbroker, Aug. 27 at 11, and Sept. 24 at 2, London: Off Ass. Pennell; Sols. Norton & Co., New-street, Bishopsgate, London.-Pet. f. Aug. 10.

JOHN PAGE, Tong Norton, Tong, Shropshire, licensed victualler, Aug. 31 and Sept. 21 at 11, Birmingham: Off. Ass. Whitmore; Sols. Smith, Wolverhampton; James & Knight, Birmingham.-Pet. d. Aug. 9.

EDWARD WHERRY, Market Deeping, Lincolnshire, grocer, Aug. 28 and Sept. 20 at half-past 11, Nottingham: Off. Ass. Harris; Sols. Bowley & Ashwell, Nottingham. Pet. d. Aug. 9.

JOHN WILLIAMS, Roath, Glamorganshire, builder, Aug. 28 and Sept. 25 at 11, Bristol: Off. Ass. Acraman; Sols. Ensor, Cardiff; Abbott & Co., Bristol.-Pet. f. Aug. 9. GEORGE HASLUCK, Tetbury, Gloucestershire, ironmonger, Aug. 27 and Sept. 24 at 11, Bristol: Off. Ass. Miller; Sols. T. & R. C. Paul & Co., Tetbury; Abbot & Co., Bristol.Pet. f. Aug. 6.

JOSEPH EDMUND DAVIES, Newport, Monmouthshire, innkeeper, Aug. 28 and Sept. 25 at 11, Bristol: Off. Ass. Miller; Sols. Cathcart, Newport; Brittan & Son, Bristol

-Pet. f. Aug. 7.

[For continuation of Gazette, see p. 315, col. 2.]

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Brown v. Jarvis.-(Will-Construction-" Every"). 789
COURT OF APPEAL IN CHANCERY.
By P. M. LEONARD, Barrister at Law.
In re The Plumstead, Woolwich, and Charlton Con-
sumers Pure Water Company, and The Plumstead,
Woolwich, and Charlton Consumers Pure Water
Company, Limited-Same v. Davis-Ellis v. The
Plumstead, &c. Pure Water Company.-(19 § 20
Vict. c. 47, ss. 5, 59, 60, 107, 108, 109-20 & 21
Vict. c. 14, s. 23- Companies-Winding up-
Chancery-Bankruptcy-Jurisdiction)

ROLLS COUrt.

........

By C. W. CROUCH, Barrister at Law. Hobday v. Peters.-(Undue influence-Confidential relation-Purchase of debt at undervalue-Married woman-Liability of her property to her contracts)

THE JURIST.

LONDON, AUGUST 18, 1860.

791

794

THE case of Beatson v. Skene (6 Jur., N. S., part 1, p. 780) is an important addition to our law of evidence. Before stating the points decided in it, it will be necessary to give an outline of the case itself. It was an action for slander. At the trial, before Bramwell, B., the slander was proved, and the defence was, that the words were spoken under circumstances which rendered them privileged. It appeared that during the Crimean war the plaintiff was appointed to the command of an irregular corps of cavalry called the "Bashi Bazouks," which command he retained until September, 1855; and that the defendant was a civil commissioner attached to the corps. General Vivian, who commanded in the place where that corps was, had directed Colonel Shirley to inquire into and report on its condition, referring him for information to the defendant, who was, by another letter from the General, directed to give it. In a written communication respecting the state of the corps made by Colonel Shirley to the General were some defamatory observations on the conduct of the plaintiff, and the defendant having adopted the responsibility of the contents of that letter, this action was brought. Mr. Sidney Herbert, the Secretary at War, was subpoenaed on the part of the plaintiff; and on his appearing was asked to produce certain letters written to him by the plaintiff, and also the minutes of a court of inquiry, which had sat to inquire into the conduct of Colonel Shirley in writing as he did to General Vivian. To this Mr. Sidney Herbert

By T. F. MORSE, Barrister at Law.

Leyland v. Illingworth.-(Vendor and purchaser— Sale by auction. ·Condition-Misdescription— Claim for compensation)

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COURT OF QUEEN'S BENCH.

.......

By G. J. P. SMITH, Barrister at Law. Reg. v. The Inhabitants of Thornton.-(Settlement by estate-Weekly tenancy-Estate acquired by marriage).. Tatton v. The Great Western Railway Company.(Costs-Action against carriers-Assumpsit or case-Judgment by default-13 & 14 Vict. c. 61, 8. 11-19 & 20 Vict. c. 108, s. 30)..

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798

799

800

801

-Corporation sole)........ 805

COURT OF PROBATE.

By DR. MIDDLETON.

In the Goods of White.-(Will—Interlineation).... 808

objected, saying it was essential to the public service that those documents should not be produced; to which the judge replied, "You represent her Majesty, and are the best judge of that. I shall not compel you to produce them." The jury having found a verdict for the defendant, a rule for a new trial was obtained, on the ground (among others, to which it is needless to refer) that the judge ought to have compelled the Secretary at War to produce those documents. This rule was argued, and, after time taken to consider, an elaborate judgment was delivered by the Lord Chief Baron in the name of the Court.

That State papers are privileged from production, when their production would be injurious to the public, may be taken as an elementary principle of law, and, we might add, of common sense also. It is a wellknown maxim, that the law will allow injury to an individual sooner than a general inconvenience, and it is obvious that mischiefs to a private individual are as nothing when weighed against those that might result to the community from the disclosure of the contents of many kinds of State papers. But the great point in Beatson v. Skene was, by whom is the question, whether the production of a given State paper would or would not be injurious to the public, to be determined— should it be decided by the judge, or is he bound to take the word of the officer who has the custody of the document? And this point became of the more importance since the recent case of Dickson v. The Earl of Wilton, (1 Fost. & F. 419), where a clerk from the War Office, who was called on to produce a letter, having submitted, on behalf of the Secretary at War, whether it ought to be produced, Lord Campbell, C. J., said,

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(without, however, argument, or even objection taken), expose him either to a criminal prosecution, or to pro"You must produce the letter."

Such being the question, the following principles are laid down in the judgment of the Exchequer in Beatson v. Skene:

"We are of opinion that if the production of a State paper would be injurious to the public service, the general public interest must be considered paramount to the individual interest of a suitor in a court of justice; and the question then arises, how is this to be determined? It is manifest it must be determined either by the presiding judge, or by the responsible servant of the Crown in whose custody the paper is. The judge would be unable to determine it without ascertaining what the document was, and why the publication of it would be injurious to the public service an inquiry which cannot take place in private, and which, taking place in public, may do all the mischief which it is purposed to guard against.

"It appears to us, therefore, that the question, whether the production of the document would be injurious to the public service, must be determined, not by the judge, but by the head of the department having the custody of the paper; and if he is in attendance, and states that in his opinion the production of the document would be injurious to the public service, we think the judge ought not to compel the production of it. The administration of justice is only a part of the general conduct of the affairs of any state or nation, and, we think, is (with respect to the production or non-production of a State paper in a court of justice) subordinate to the general welfare of the community. If, indeed, the head of the department does not attend personally to say that the production will be injurious, but sends the document, to be produced or not, as the judge may think proper; or, as was the case in Dickson v. The Earl of Wilton, before Lord Campbell, (reported 1 Fost. & F. 419), where a subordinate was sent with the document, with instructions to object, but nothing more, the case may be different."

This judgment is not, however, quite an unanimous one, Martin, B., being of opinion that "whenever the judge is satisfied that the document may be made public without prejudice to the public service, he ought to compel its production, notwithstanding the reluctance of the head of the department to produce it." On this the Lord Chief Baron remarks, in the general judgment of the Court-" Perhaps cases might arise where the matter would be so clear that the judge might well ask for the document, in spite of some official scruples as to producing it; but this must be considered rather as an extreme case; and extreme cases throw very little light on the practical rules of life."

In consequence of this discrepancy of opinion on the Bench, Beatson v. Skene, although throwing much light on the law on this important subject, can scarcely be said to have settled it; and, indeed, it is one not very easy to settle. Some assistance may, perhaps, be derived from the authorities on a somewhat similar and equally unsettled point; which was not, however, attended to in that case. It is a well-known principle of law, that no person shall be compelled to answer any question the answering which has a tendency to

ceedings for a penalty, or a forfeiture; but when a particular question is put to a party to a suit, or a witness, who is to determine whether the question has that tendency? Some eminent judges have said, that if the witness will pledge his oath to that effect, the Court is bound by it, and must disallow the question. Others deny this; and, indeed, it is obvious, that to adopt such a rule in its integrity would supply an unprincipled witness with the means of evading the giving any evidence whatever. In one case on this subject, ( Adams v. Lloyd, 3 H. & Norm. 361; 4 Jur., N. S., part 1, p. 590), Pollock, C. B., suggested an intermediate course, holding that the statement on oath of the witness ought to be accepted, "unless the judge is perfectly certain that the witness is trifling with the authority of the Court, and availing himself of the rule of law to keep back the truth, having, in reality, no ground whatever for claiming the privilege." This seems much the view taken of the other question in Beatson v. Skene, and it seems near the truth. We should, however, suggest this addition" or if the judge is certain that the scruples of the witness are unfounded in fact, as being the offspring either of ignorance of law, or the result of idle terror and misapprehension."

The Court also decided, in Beatson v. Skene, that "when once a confidential relation is established between two persons with regard to an inquiry of a private nature, whatever takes place between them relevant to the same subject, though at a time and place different from those at which the confidential relation began, may be entitled to protection as well as what passed at the original interview; and it is a question for the jury whether any further conversation on the same subject, though apparently casual and voluntary, does not take place under the influence of the confidential relation tled to the same protection." already established between them, and is therefore enti

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