inquiry be instituted under the direction of the law officers of the Crown as to whether there has been any previous documentary publication of the invention, either by grant of letters patent, or otherwise; and if such publication have taken place, that the patent shall be refused.

No evidence other than such documentary evidence should be admissible, and the reasons for the refusal to grant the patent should be certified by the law officers; an appeal from their decision should lie to the Lord Chancellor.

3. Your Commissioners are of opinion that the present mode of trying the validity of patents is not conducted in a satisfactory manner. That such trials ought to take place before a judge sitting with the aid of scientific assessors, but without a jury, unless at the desire of both parties to the suit or action. That such assessors ought to be selected by the judge in each case, and the remuneration to be paid them be included in the costs of the suit or action, and provided for in such manner as the judge shall direct.

That no special judge be appointed for the trial of patent cases, but that the judges of law and equity be empowered to make rules by which one court should sit for trial of patent cases exclusively. That on such trial the judge, if sitting without a jury, decide questions of fact as well as of law.

4. That the granting of licences to use patented inventions ought to be made compulsory.

5. That patents ought not to be granted to importers of foreign inventions. 6. That in no case ought the term for which a patent is granted to be extended beyond the original period of 14 years.

7. That in all patents hereafter to be granted a proviso shall be inserted to the effect that the Crown shall have the power to use any invention therein patented without previous licence or consent of the patentee, subject to payment of a sum to be fixed by the Treasury.

8. While, in the judgment of the Commissioners, the changes above suggested will do something to mitigate the inconveniences now generally complained of by the public as incident to the working of the patent law, it is their opinion that these inconveniences cannot be wholly removed. They are in their belief inherent in the nature of a patent law, and must be considered as the price which the public consents to pay for the existence of such a law.

Digest of Law. The recommendation made at the York Meeting by the then President of the Department, Sir James Wilde, that a digest of the case law of England should be formed and promulgated by authority, has occupied the attention of the Committee. During the session in London, a paper was read by Mr. F. S. Reilly, pointing out the form which such a digest should take, the best mode of framing it, and the uses to which it might be put. The Committee are not aware that any decided steps have yet been taken by Government to accomplish this great object, though they see that a sum of £5,000 has been recently granted by the House of Commons, for the purpose of digesting the law of England, which they trust may be regarded as a sign that the work is about to be commenced. The kindred task of expurgating and revising the Statutes is being proceeded with, and thus the materials for the ultimate formation of a code may be gradually brought together. It may be observed, that the New York Commissioners, to whose valuable labours this Society has often had occasion to refer, have recently issued a Draft Civil Code, under the superintendence of our corresponding member, Mr. David Dudley Field. The completion of such a work in a country which inherited the English common law and system of procedure is an encouragement to those who believe in the possibility of digesting, consolidating, and finally codifying our laws.

Law Reporting.-The Committee mentioned in their report to the Department at York, that a scheme had been prepared by a committee appointed by the Bar of England assembled in Lincoln's Inn Hall, for bringing the whole system of Law Reporting under the control of a council of the Bar; and that the further consideration of the scheme had been adjourned. At an adjourned meeting of the Bar, held on the 28th day of November, 1864, the report of their committee was finally approved, and since then a council has been elected to carry out the scheme, which will come into operation in November (1865).*

Criminal Law.-Some suggestions made by Mr. G. H. Palmer for the amendment of the law of appeal in criminal cases were considered by the Committee, who concurred in the opinion that the present system of revising the decisions of our criminal courts by the interference of the Home Office is unsatisfactory, and that the law ought to afford to every person convicted of an offence the means of bringing under judicial consideration any fair grounds for submitting the charge to a second investigation. The Committee were of opinion that this improvement in the law might be best carried out on the following plan:

"That any person convicted of treason, felony, or misdemeanor, should be entitled to apply for a new trial, and such application should be made by motion before a court composed of not less than three judges of the superior courts; and that the said courts should sit at intervals of not less than one month throughout the year; but that no such application should be made, except upon the certificate of the judge who shall have presided at the trial, that the case is one for such an application.

"That if an application for a new trial be granted, the accused should have the option of being tried before the court which shall have granted the new trial (provided the court will consent to such an arrangement), or before a jury, as in the case of new trials in civil cases.

"That if the accused elect to be tried by the court which has granted the new trial, that court should have the power of summoning and examining witnesses on oath, and all the power, jurisdiction, and authority exercised by the court before which the accused was originally tried."

Treatment of Criminals.-The results of recent improvements in the treatment of criminals, improvements which were largely promoted by the labours of this Association, have been watched with

See Transactions, 1864, p. 114. Since this report was prepared the council have commenced the work. A staff of editors and reporters were appointed in October last, and the first number of the new "Law Reports" was issued on January 1, 1866. The expenses are guaranteed for a certain period by the four Inns of Court, but it is believed that they are already covered by the circulation. The success of the plan is therefore assured, and the long-standing nuisance of a multiplicity of reports of the decisions of the judges may be considered as abated.—ED.

anxiety. The Committee are happy to say that there is sufficient evidence that these results are in the highest degree satisfactory. The mark system is in operation in all the Government prisons; and superfluities in diet have been reduced, by which it is estimated that a saving of £25,000 for this year will be effected.

The Committee are also happy to be able to state, that the recommendation of the Reformatory Section at the York Meeting in favour of providing refuges for female convicts has been carried out, in so far that Government has agreed to pay for the maintenance of female licence-holders in such establishments. Exertions are now on foot to establish an institution in London, to be called the Carlisle Memorial Refuge, for their reception.*

This Department, on the recommendation of the Committee, has been divided by the Council into three Sections; for International Law, Municipal Law, and the Repression of Crime.

INTERNATIONAL LAW.

IN

LAW OF AFFREIGHTMENT.

N consequence of the success which attended their efforts to promote the framing of a uniform international law of General Average by means of an International Congress convened for that purpose,† the Council of the Association resolved to summon similar Conference at the Sheffield Meeting, to consider the feasibility of establishing an International Law of Affreightment.

a

A Projet de Loi had for this object been prepared by M. Engels and M. Van Peborgh, the representatives of the Belgian Government at the York Congress, and their proposed measure was sent by the Council, together with the subjoined circular, to Chambers of Com

The institution was opened in August, 1865, and has received up to the present time, Feb. 1866, 66 inmates.

The First General Average Congress was held at Glasgow, in October, 1860; the Second at London, in June, 1862; the Third at York, in September, 1861. See Transactions, 1860, p. 290; 1861, pp. 733, 791; 1862, p. 902; 1864, p. 316. ‡ National Association for the Promotion of Social Science.

1, ADAM STREET, ADELPHI, LONDON, W.C., July 1, 1865. SIR,-The success of the Congress for the promotion of an international law of General Average has encouraged the hope that similar advantages may flow from a-Conference upon the still more important though less intricate question of freight.

Messrs. Theodore C. Engels and Edouard Van Peborgh, the able representatives of the Belgian Government at the York Conference, have drawn up a projet de loi in nine clauses, two copies of which are here annexed.

T Darks of Tabereites and similar bodies, in the United Inelum, the Content of Empe and America.

The Conferans assembled in Sell on October 4, 1865, and vis restored Swara A Lammational Law) of the Department of Viscale ani Aneniment of the Law. Sir Robert Phillimore, 1 Paz General President of the Department, took the chair.

The Propet de La socre mendicel was considered paragraph by MINTON), And Vivientiments finally agreed on. A difKrevce zë zeunion has arsen since the date of the Meeting as to the poveste žen a wild the seventh paragraph was passed, and both versions of this arranì re derefore printed below; the first being that giren by Jin. Filly Bethbone, president and representative at the Congress of the Liverpool Chamber of Commerce, in his report to thai bêy, and the seered that given by M. Engels and M. Van Poonga in her regert at the Bean Government.

PROTT DE 10 AS APTTUTED BY THE CONFERENCE AT SHEFFIELD, - OCTOBER. 1865.

I To asali è is a wormal rule that freight should not be due and, de renge de socomplished, is, until delivery of the cargo at Dhe port of Böstration, zzess where a special agreement is made to

1−24 de verse of the verge the ship, in consequence of the perts at the sea and we drià any default on the part of the Acaix er eten, løs become unseaworthy, and not in a state to angled dr reyam the arrain shall set as the agent for all convornod and if prode u and practicable, shall forward the cargo to its Annaáva dy dder ressi de ress and in this case he shall, upon Aner, Aarea can be the whole of the freight due under the original charter party, or dil of lang although in consequence of the vagy having Nea forwarded the goods have been transported at a lower the Bat the captain of the original vessel is liable for e Rewarding fight

1 on the many, the forwarding freight is equal to or greater than the original fivight, the esprain can claim no freight, but the owner of the cego will be liable for the whole of the forwarding fivight

The Couned will del obligst if your body will return to them at your early Atte of those copies and state thereon, first, whether each clause Agrow with the law of your port, if not, what is the law? Secondly, whether You agree with Mosses Pagels and Pebergh as to their views of what the Law ought to be and if not, what you consider ought to be the law.

The Conference will meet at Sheffield during the meeting of this Association on the 4th of October, when it it hoped your body will be represented.

It will be interesting to you to learn that the reason that a Bill for General Average has not yet been brought into Parliament, is that Her Majesty's Government are in communication with the French Government, with a view to simultaneous action, I am, sir, yours obediently,

GEORGE W. HASTINGS, General Secretary.

If the captain does not forward the cargo he has not any claim for freight.

The system of pro rata freight is entirely abolished.

III.-If the owner of the cargo, or any part of it, wish to withdraw it before the termination of the voyage, in spite of the offer of the captain to forward it to its destination, such owner, upon taking delivery at an intermediate port or place, shall be liable for freight for the whole voyage, and shall give good and sufficient bail for any general average, salvage, or other expenses which may attach to the

game.

IV. No freight is due upon goods jettisoned or sacrificed for the common benefit, and for those sold to raise the necessary funds for defraying expenses incurred for the common benefit; but the owner has a claim on general average for all loss of freight caused by such sacrifice.

V.-No freight is due upon goods lost by perils of the sea, nor for those taken by public enemy or by pirates.

Nor upon any goods sold or destroyed in consequence of perils of the sea, in any port or place other than the port of destination.

VI.-If the captain save the goods from shipwreck, or if he recapture them from the enemy or from pirates, and if, being in a state to be transported to their destination, he delivers them, then he shall be entitled to the whole freight; if not, he shall be entitled to none, but without prejudice to his claim for wages and expenses while engaged in recovering the goods.

VII. The total freight is due upon delivery of the cargo at the port of destination, although diminished or deteriorated by perils of the sea, if the consignee takes delivery, and in this case the consignee is bound to take delivery of all consigned to him by the same bill of lading, or, when goods are in bulk, by the same ship. If the consignee will not take delivery, the captain, after due authorisation, may sell such goods to pay his freight, and for any deficiency has recourse against the consiguee or shipper except there be an express stipulation to the contrary. But in no case shall the captain be entitled to receive on a cargo, deteriorated during the voyage, a larger amount of freight than he would have received if the cargo had been delivered in the same state in which it was shipped.

VIII.-Advance on account of freight is always liable to be refunded in all cases involving non-payment of freight, except where it is stipulated to the contrary.

IX. The owner shall have an absolute lien on the cargo for the freight and dead freight.

X.-The contribution of the freight to general average shall be regulated according to the first paragraph of Article X. of the York Rules.

The following is the paragraph alluded to :

[Section X.-The contribution to a general average shall be made upon the actual values of the property at the termination of the adventure, to which shall be added the amount made good as

I