appointed by the judge to act in his stead, the evidence must be taken down in writing; and before the close of the scrutiny, all questions of law and fact are to be decided or reserved for the decision of the judge; a note in writing of such decision or reservation is to be made for the information of the judge; and the decision or reservation is to be publicly

announced for the information of the public and the parties interested. When any party is dissatisfied with the decision of the person delegated by the judge to take the scrutiny, he may appeal to the judge against the decision; provided that the judge may on the trial before him refuse to consider any points not raised before his delegate; and in case he do consider the same, and allow the appeal on a ground not distinctly taken before the delegate, the judge may order the appellant, though successful, to pay the costs of and incidental to the appeal.

It is obvious that these new enactments must at all events diminish the expense and inconvenience entailed by the former system, which required all the witnesses on the scrutiny to attend-often at long distances from their places of residenceand during the trial of all the questions raised by the petition, the decision of some of which might render their attendance quite unnecessary.

The remaining sections of the statute relate to certain miscellaneous matters, among which, it may be observed that members of the Legislative Assembly are now authorized to act as counsel, agents or attorneys in election cases, their former disabilities having been removed.

It is sincerely to be hoped that these provisions, many of which have been found to work well in England, will help to diminish in a marked manner the evils of bribery, which are second only to the degrading influences of the falsehood and hypocrisy which is so generally the issue of political strife.

ACCIDENT INSURANCE.

The subject of accident insurance is discussed at some length in the last number of the American Law Review, and the few cases in point collected and commented upon. In his introductory remarks the writer says:

French in the seventeenth century appear to have conceived the idea; but the earliest English company was formed in London in 1848, and the first American company is only ten years old. The continental system of appraising organs at specified sums, and paying a fixed rate for a broken leg or a lost eye, has never found favor in America. Upwards of twenty-three accident companies have been organized here which have now passed away, like Mr. Oldbuck's ghost, who disappeared with a melodious twang and an unsavory odor. Their memory is not sweet to those who hold unsatisfied judgments against them. The Travellers' Insurance Company of Hartford, and its offshoot, the Railway Passengers' Assurance Company, remain almost alone, but occupy the field successfully and redeem this branch of insurance from the discredit which their defunct contemporaries brought upon it. The American system of accident insurance, and the rapid approximation toward sound science in law and practice which it exhibits, is chiefly due to this company. When first organized, it was intended chiefly to insure travellers, but it soon established a general accident insurance, and

"Accident insurance is of modern origin. The

afterwards combined it with life insurance. No accident tables have yet been published, and the statistics as yet are insufficient to generalize with accuracy results like those of the life tables. It is, however, well settled that in general accident insurance hardly more than seven per cent of claims arise from accidents in travel by rail or water, while those growing out of horse or carriage injuries exceed in number those arising from all other causes combined.

The idea of American accident insurance was borrowed from England, but in adapting its principles to the customs and habits of this country, the conditions of society, the occupations of the people, and the risks of accident, it was found necessary to construct new tables of rates, new classifications of risks, and new methods of business. The result was the general failure of companies which sought to do business by mere imitation, instead of attempt

ing the scientific construction of a sound system of insurance. The pioneer company is fairly entitled to the credit of developing this system, and proving that the principle of average can be skilfully generalized into a real protection against loss by accidental bodily injuries. It now is the largest and best arranged accident company in the world, having issued during the ten years of its existence over 250,000 general accident policies and paid more than $2,000,000 on over 17,000 claims; an average compensation for losses equal to about seven hundred dollars a day for every secular day the company has done business.

Probably most persons imagine that, in these days of frequent casualty on land and sea in public conveyances, accident insurance is designed for travellers chiefly. The reported cases, however, suggest the mistake of this supposition, and in fact accidents from travel are only a small part of the losses for which compensation is paid. Since the Travellers' Company is the most successful association, as well as the oldest, the discussion of the subject becomes of necessity, in its present form, little more than an examination of its policy and practice, although its defunct rivals have contributed something to the law of such insurance, and some of them have left in the reports decided indications not only why they failed but how well it is for the public that they died.

Accident insurance in this country began with the sale of "accident tickets" to travellers on railroads. They were of three classes: insuring the passenger, first, against accidents to the conveyance; second, against all sorts of accidents while travelling by public conveyance; third, against all accidents set forth in the contract, without reference to conveyance, mode of travel, or occupation. These tickets were sold at railroad stations. By common agreement, however, of all the American com. panies, this branch of insurance was at an early day given up to the Railway Passengers' Assurance Company, which was owned by all the companies, and is now under control of the Travellers' Insurance Company. These tickets cover only a specific journey, or a short period of time, and contain the same general provisions as the common policy.

The policy grants a limited insurance. It insures either indemnity for injury by payment of a specified weekly allowance during the time the insured is disabled by the injury, or com. pensation for death by payment of a fixed sum if the insured dies in consequence of an accident. These two forms of insurance are issued separate

ly or in a joint policy covering both indemnity and compensation. The policy now in use covers all "bodily injuries effected through external, violent, and accidental means." Indemnity is limited to twenty-six weeks, and exception is expressly made against all forms of disease, drunkenness, duelling, suicide, selfinflicted injuries, and wilful exposure to un necessary risk. Formerly the word "external' was not inserted, but now, in order to guard against frauds, the injury must be from some external means and produce a visible injury. Death must occur within ninety days from the happening of the accident to entitle the insured to compensation, and indemnity is not earned except it totally disables him from prosecuting any and every kind of business for the continuous period for which it is claimed. These are the peculiar provisions of an accident policy, which otherwise resembles an ordinary life policy, though in its effect and analogy accident insurance more closely resembles fire insurance than life insurance, and is truly a provision for indemnity except in cases of death, when it becomes a contract to pay a fixed sum of money upon the happening of death caused by accident. The form of the policy has been changed frequently in order to adapt it to new judicial decisions, and too little regard is had to the expediency of retaining the form of words which has been judicially construed, and thus expressing the rights of all parties by a contract which gradually becomes quite exact in its construction. Indeed the introduction of certain phrases from time to time shows the effect and marks the date of certain legal controversies, and makes a file of policies of successive years a condensed history of the law of this department of insurance.

What is an accident? The term, as used in policies, has been several times defined in the adjudicated cases. It is any event which takes place without the foresight or expectation of the person acted upon or affected by the event." * The same definition is substantially adopted in Maryland. + It is "an unusual and unexpected result attending the performance of a usual and necessary act." It is "any unexpected event which happens as by chance, or which does not take place according to the usual course of things," It is something

Withey, J. in Ripley v. Railway Passengers' Assurance Co., U. S. Circuit Court for Western District of Michigan (1870); reported 2 Big. Cases, 738.

↑ Prov. Life Ins. & Inv. Co. v. Martin, 32 Maryland, 310.

↑ North American Ins. Co. v. Burroughs, 28 Legal Intell. 342; s. c. 69 Pa. St. 43.

*

which takes place without any intelligent or apparent cause, without design, and out of course. "Some violence, casualty, or vis major is necessarily, involved" in the term accident. It means, in short, in the insurance policies, an injury which happens, by reason of some violence, casualty, or vis major to the assured, without his design or consent or voluntary cooperation. "Violent and accidental" are equivalent in meaning to "accidental violence," and every injury caused by accident, save those specially excepted by the policy, is covered by it.§ A full discussion of what an accident is, will be found in Schneider v. Prov. Life. Ins. Co., 24 Wis. 28.

SELECTIONS.

FOSS AND HIS "BIOGRAPHIA JURIDICA."

(Continued from p. 256.)

Sir John Maynard, of whom much has been said, for and against, used to call the law ars bablativa,' and

"Delighted so much in his profession that he always carried one of the Year Books in his coach for his diversion, saying that it was as good to him as a comedy. His passion for law ruled him to such a degree that he left a will purposely worded so as to cause litigation, in order that sundry questions, which had been 'moot points' in his lifetime, might be settled for the benefit of posterity. Judge Jeffreys is said to have availed himself of the serjeant's legal knowledge; but one day, when Maynard was arguing against judicial dictum, the coarse judge told him that he had grown so old as to forget his law.' 'Tis true, Sir George,' he retorted, 'I have forgotten more law than ever you knew.'"

Lord Thurlow used to say that Lord Mansfield was—

'A surprising man; ninety-nine times out of a hundred he was right in his opinions and decisions; and when once in a hundred times he was wrong, ninetynine men out of a hundred would not discover it. He was a wonderful man.'

* Mallory v. Travellers' Ins. Co., 47. N. Y. 52.

+ Cockburn, C. J. in Sinclair v. Maritime Passengers' Ass. Co., 3 El. & E. 478.

Riply v. Railway Passengeas' Assurance Co., ut supra.

Pro. Life Ins. & Inv. Co. v. Martin, ut supra.

The law's delays were much more general in former times than at the present day, and little effort was made to fetch up arrears. During the chancellorship of Lord Eldon the business of the Court of Chancery progressed but slowly, notwithstanding that on the one hand the proverbial dilatoriness, hesitation, and dubitation, displayed by his lordship in decisions was more than counterbalanced by the expeditiousness of his colleague, Vice-Chancellor Sir John Leach, who was notorious for the swiftness with which he disposed of the business which came before him. A line might well have been drawn between the two extremes. The rapid disposal of cases by the latter, owing to his extraordinary confidence in himself, led to much inconvenience, and unnecessary and harassing litigation.

'He relied so little upon authorities, and listened so indifferently to any arguments that conflicted with his own opinion, sometimes not even condescending to give any reasons for his judgments, that his decisions were frequently appealed against, and not unfrequently overturned. In comparing his summary judgments with Lord Eldon's proverbial delays, the chancellor's court was designated the court of Oyer sans terminer, and Sir John's that of Terminer sans oyer.'

On the other hand Lord Eldon justified himself in his delays by his over-anxiety to do strict justice to the litigants, and acted on the principle that extreme care was necessary to come to a right decision, inasmuch as it prevented not only the annoyance and expense of appeal, but also future litigation in the same class of subjects. His judgments are certainly not only treated with the greatest respect, but regarded as of the highest authority, while those of his colleagues were often reversed on appeal or overruled. following epigram wittily gives the con

trast:

"In Equity's high court there are Two sad extremes, 'tis clear: Excessive slowness strikes us there, Excessive quickness here.

The

"Their source, 'twixt good and evil, brings A difficulty nice;

The first from Eldon's virtue springs,

The latter from his Vice."

A contemporary of Lord Eldon's, Sir Thomas Harris, Master of the Rolls, was another tedious judge. Although possess

ing great powers and ability his style was so heavy and his speeches so long and elaborate that he fatigued his hearers without interesting them.

His predecessor, Sir William Grant, notwithstanding his great dispatch, left an arrear of more than five hundred causes, a large number, *accounted for, it is said, by the fact that suitors set their causes down for Sir William because Sir Thomas should not hear them. The following is said of him :"To cause delay in Lincoln's Inn

Two diff'rent methods tend:
His lordship's judgments ne'er begin,
His honour's never end."

Most judges, from time immemorial, have possessed some peculiar trait of character to distinguish them from others. Of course a volume, giving merely an outline of a person's career, deals largely in the principal distinguishing features. Therefore, any peculiarity in the manners, actions, and capabilities of the subject of the memoir is eagerly taken advantage of, and with all sorts of personal allusions of this kind the volume abounds. Thus it is noted of Alan Chambre, that a little more than a century ago he revived an ancient custom which had long been discontinued, of first resorting to an Inn of Chancery and paying the customary dozen of claret on admission into the society of Staple Inn, where his arms are emblazoned on a window in the hall. From this Inn he removed to the Middle Temple and Gray's Inn where he was called. On his appointment as a Baron of the Exchequer a short Act of Parliament was passed authorising, for the first time, a serjeant to receive his degree in the vacation so that the vacant office might be immediately granted to him.

6

Justice Page was known by the sobriquet of the hanging judge,' though it is doubted whether he really deserved the stigma. It is said :

"When Crowle, the punning barrister, was on circuit with Page, on some one asking him if the judge was just behind, he replied, 'I don't know, but I am sure he never was "just" before.' When old and decrepit, the judge perpetrated an unconscious joke on himself. As he was coming out of court one day, shuffling along, an acquaintance enquired after his health. 'My dear sir,' he answered, you see I keep hanging on, hanging on." For cruelty Jeffrey was the greatest

Mr.

monster that ever sat on the bench. Justice Foster designated him 'The very worst judge that ever disgraced Westminster Hall.' Coke, although in other respects a profound lawyer, acted with great harshness and cruelty towards prisoners placed before him for trial, particularly if for offences against the State.

Sir Richard Adams owed his elevation to the Bench of the Exchequer in 1753 to the king's admiration of him in the character of Recorder of the City of London. Several persons being suggested George II. called out, I vill have none of dese; give me de man wid de dying speech,' meaning the Recorder whose duty it was to report convicts under sentence of death.

Chief Justice Markham acquired the title of the upright judge,' because he eschewed corrupt practices and was superseded for impartiality and conscience sake.

Justice Hutton was called by King Charles, although he declared the imposition of ship-money to be illegal, the honest judge.' On his appointment Lord Chancellor Bacon addressed him as follows:

"The king, being duly informed of your learning, integrity, discretion, experience, means, and reputation in your country, hath thought fit not to leave you these talents to be employed upon yourself only, but to call you to serve himself and his people.' Among the counsels he gave were that you should draw your learning from your books, not out of your brain;' that you should be a light to jurors to open their eyes, but not a guide to lead them by the noses;' 'that your speech be with gravity as one of the sages of the law, and not talkative, nor with impertinent flying out to show learning? and particularly that your hands, and the hands of your hands, I mean those about you, be clean and uncorrupt from gifts, from meddling with titles and from serving of turns, be they of great ones or small ones.

It is noted that it was a pity his own precept was not followed by himself.

Lord Talbot was not only distinguished as a lawyer but for his humanity and kindness to the distressed. The following story is told of him :

"After he had promised a valuable living to a friend of Sir Robert Walpole, the

curate of the late incumbent called upon him with a petition from the parishioners, testifying to his merits and his poverty, and entreating his lordship to use his influence with the new rector to continue him in the curacy. After some little conversation with him and finding that his stipend was only £50 a-year, his lordship kindly promised not only to comply with the request, but also to do what he could to get the salary raised. When the rector-expectant came to thank him for his promise, his lordship mentioned the curate's petition and begged it might be granted. I should be happy to oblige your lordship,' replied the clergyman,

but I have promised my curacy to a particular friend.' 'Promised your curacy! what, sir, before the living is yours?' 'Yes, my lord.' Then, sir,' exclaimed 'Then, sir,' exclaimed the Chancellor with warmth, 'I will afford you an admirable opportunity of dismissing your friend, I will dispose of the living elsewhere;' and, without suffering a reply, dismissed him. On the curate's waiting upon him to know the result of his application, he told him that he was sorry to say that he could not get him the curacy; but on the poor man bowing and offering to retire, the chancellor stop ped him and said, 'Though I cannot give you the curacy, I can give you the living, and yours it is; so you may write to your family and tell them that, although you applied only for the curacy, your merit and your modesty have obtained for you the living.""

A story, not unlike the foregoing, is told of Lord Thurlow, who has been as much praised for his learning as abused for his irregularities. Having offended against the rules of his college and being. called before the authorities to explain his conduct, he made an offensive reply respecting the dean, before whom he had frequently appeared for various offences:

Having answered on one occasion with some disrespect, was sharply asked whether he knew he was talking to the dean.' Thurlow, of course, answered, 'Yes, Mr. Dean,' and ever after when they met addressed him as 'Mr. Dean,' and so frequently reiterated the title that the dean felt himself insulted by the banter. If this story be true, there is a graceful pendant to it, for on the impudent youth becoming chancellor he sent for his old enemy, and on his entering

the room addressed him as usual, 'How d'ye do, Mr. Dean? My lord,' replied the other sullenly, 'I am not now a dean, and do not deserve the title.' 'But you are a dean,' said his lordship, giving him a paper of nomination; 'and so convinced am I that you will do honour to the appointment that I am sorry any part of my conduct should have given offence to so good a man.'

Giles Rooke, a Justice of the Common Pleas, though not considered a deeply-read lawyer, nor very highly respected on the bench, was, nevertheless, a mild and merciful judge. The following is told of him :

"A poor girl, having from the pressure of extreme want committed a theft, was tried before him and reluctantly convicted; and that, while applauding the jury for giving the inevitable verdict, he declared that he so sympathised with them in their hesitation that he would sentence her to the smallest punishment allowed by the law. by the law. He accordingly fined her one shilling, adding, 'If she has not one in her possession, I will give her one for the purpose.'"

Chief Justice Dyer also distinguished himself by his sympathy for the poor, and made himself the object of much indignation among the gentry at the Warwick Assizes in 1574, by the energy he displayed in supporting a poor widow against the oppression of a rich knight of the county, whose illegal proceedings were assisted by the bench of magistrates there.

"Thus he, with grace, the poore man's love did

drowe,

And by sharpe meanes did keep the proude in

awe.

Sir Francis Buller was equally celebrated among both females and males, but not with equal admiration. It is said of him :

"While he is considered by the latter as one of the most learned of lawyers, he is stigmatised by the former as one of the most cruel of judges, since to him is attributed the obnoxious and ungentlemanly dictum that a husband may beat his wife, so that the stick with which he administers the castigation is not thicker than his thumb. It may perhaps restore him to the ladies' good graces to be told that, though the story was generally believed, and even made the subject of caricature,