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24 L.J. 559 (1889)
October 5, 1889

handle is hein.journals/lwjrnal24 and id is 755 raw text is: AOT. 5. 1889.1 THE LAW JOURNAL. Per Annum. £ s. d. T-e LAW JoutNAL REPORTS AND STATUTS .. .. 8 4 0 TEE LAW JoURNAL NEWsPAPER, NOTES OF CASES, &O. If taken without the LAW JOURNAL REPORWS, 6d. Number, or post free .. .. ... .....1 6 0 If taken with the LAw JO NAL REPORTS .. 1 0 0 Supplied upon application to Tnr Pusmmm, 6 Quality Court, Chancery Lane, W.C. SCALE FOR ADVERTISEMENTS, £ &. d. Your Lines, or 40 Words, in Column.. ...... 0 4 0 Rvery Line additional, or 10 Words ........0 0 6 A Column, or Half a Page across .. .. .. .. 3 3 0 A Page ...... .. ................ 6 0 0 Public Companies' Announcements, 8s. per inch in Column, or 71. 4s. per Page. Auction Sales, 7d. per Line. ADvERTISmENTs REcEvzD UP TO NOON ON THURSDAys. CONTENTS. PAGE OBITER DICTA' :-Counsel in Registration Courts; Are Railway Stations Public Places? The Passengers' Pocket Code; The 'Law Quar- terly Review' for October . 559 LEADING ARTICLES: - Conditional Pardons; 'Law Journal Reports' for October . . 560 REVIEWS :-Lawson's Patents, Designs, and Trade-marks Acts; Owen on Declaration of War... 562 UNREPORTED CASES :-County Courts . . 563 ORDER UNDER THE LOCAL GOVERNMENT ACT, 1888 • . 563 OU1SEL IN'REVISING BARRISTERS' 'COURTS .564 AMENDING THE LAW OF EVIDENCE IN AUSTRALIA . 565 SCOTTISH LOCAL GOVERNMENT LAW 565 ANGLO-CANADIAN COPYRIGHT . . . . 566 LAW AND PROFESSIONAL NOTES . . . 570 =ONOURS AND APPOINTMENTS . . 571 CALENDAR OF THE COUNTY COURTS 572 UNCLAIMED STOCKS AND DIVIDENDS 572 LAW STUDENTS SOCIETIES . . . . 572 BIRTH AND DEATH 572 BANKRUPT LIST . . . . 329 TO 336 Ek~e F1*ahu ~rnal SATURDAY, OCTOBER 5, 1889. - - OBITER DICTA.' IT appears from an incident which took place at the revision at Bath last week that Mr. M. V. D'Arcy has obtained a letter from the Attorney-General to the effect that as a barrister he cannot appear before a revising barrister; but that if, in fact, he is a political agent he saw no reason why he should not appear-or, to put it another way, Mr. D'Arcy could not accept a -brief to appear, but being an agent might act personally. A reference to the provision (6 Viet. c. 18, s. 41) which governs the matter shows that this view is far too wide. It lays down that no party or other person shall appear or be attended by counsel. This section -was inserted in order to put an end to the prolonged arguments upon the qualification of the voter when he presented himself at the poll in vogue in those days. 'The section uses the word ' counsel' advisedly. It uses the word so as to mean 'practising barrister,'just as the Act uses the word 'barrister' in the sense of quali- fication only. A barrister who does not practise at the bar may act as registration agent because he is not counsel. By the Metropolitan Police Act (2 & 3 Vict. c. 47), s. 54, 'Every person shall be liable to a penalty who, shall in any thoroughfare or public place, inter alia, suffer to be at large any unmuzzled ferocious dog, and the police have authority to take into custody without warrant anyone so oflending.' The question what is 'a public place,' within the meaning of the above Act, came before, the magistrate of the Greenwich Police Court when the station-master of the picturesque station of Upper Sydenham was summoned for suffering a fero- cious dog to be at large contrary to the provision of the statute. The station-master, with his family and a collie dog, resided above the booking-office, and the complainant, when taking his ticket, was bitten by the dog. The magistrate held that the railway premises were not ' a public place' within the meaning of the Act, and dismissed the summons. It is clear that a railway station is private property, and although there have been instances in which cardsharping and other nuisances have been judicially discouraged in railway stations, and even in railway carriages, the decisions have turned upon the particular words of the Vagrant Act. It is not always easy to deflne ' a public place' in the abstract; each case, as was observed by Lord Coleridge in Regina v. Wellard, 54 Law J. Rep. M. C. 14, must depend upon the particular circumstances, and it cannot have been intended that the authority of the Metropolitan police in the suppression of the various nuisances mentioned in section 54 of the above Act was to extend to the precincts of railway or dock premises and other similar enclosures. SoME of the points of contact greatly liable to fric- tion between railway companies and their passengers are adjusted by the Regulation of Railways Act, 1889. The passenger drives up hurriedly in a cab, throws down a sovereign, takes the change, and, if he does not know the fare, has an uneasy consciousness that his change is wrong. This is set right by section 6, which provides that, from a date to be fixed by the Board of Trade, every passenger ticket issued by any railway company in the United Kingdom shall bear upon its face, printed or written in legible characters, the fare chargeable for the journey. Should the passenger find himself in the carriage without a ticket, he may pay the ticket collector his fare from the place whence he started, or, if he should have left his purse behind, give his name and address. By the bye-laws hitherto in force and sanctioned by the Board of Trade, no passen- ger is allowed to enter a carriage without a ticket, and every passenger travelling without a ticket is required to pay the fare from the station whence the train origi- nally started to the end of his journey. These bye-laws have for ten years stood condemned as bad in law by the decision of Chief Justice Cockburn and Mr. Justice Lush in Saunders v. The South-Eastern Railway Com- pany, 49 Law J. Rep. Q. B. 761; but the companies have continued to use them and the Board of Trade to approve them. The new Act gives them the coup de grdee. On the other hand, in favour of the companies. 559

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