The Sun.
London, England, 1865-06-23 00:00:00

N°. 22.780.

THE SUN, LONDON, FRIDAY EVENING, JUNE 23, 1865.

lantic Telegraph Company (George Saward, Esq., Secre-
tary), at their Offices, 12, St. Helen's-place, E.C., London ;
of the Telegraph Construction and Maintenance Company
(Limited) (W. Shuter, Esq., Secretary), at their Offices,
54. Old Broad-street; or of the Brokers or Bankers; but
no application will be entertained unless the sum of £1 per
Share on application has been paid to one of the Company's
Bankers on the number applied for. Every applicant will
receive an allotment, but should.a less number be allotted
than is asked for, the amount paid will be applied towards
the £4 per Share due on those allotted.
London, 19th June, 1865.

irANGHAM HOTEL, PORTLAND-PLACE.
Thii commodious Hotel, "the hugest in London," is
NOW I'EN ;it is situated on the most healthy side In the
West-end, with all modern impr Nements, Suites of Apart-
ments, Stile it Itinger 100 by 40 feet, elegant Ladies' Roam,
a spacious Gentlemen's Sittin4- and Writing Room, dr.c.
Within a short drive of all the railway termini.
ieor terms to secure aaommodation, Address— The
Managee, C. SCHUMANN.

.N ow ready, at a 1 the Libraries, in 3 vols.,

Lamentable and Extraordinary Fatality.

itLEC FORBES OF HOWGLEN.
By GEORGE ➢IAC DONALD, MA.

_do._

"No account of this stori would give any idea of the pro-
found interest that pervades the work from the first page to
the last. '—Athet: mum.
"This book is full of good thought and 0,4 writing. Mr.
Mac Dunald reads life and nature like a true poet."---Exami-
ner. . .

We have to-day to record one of those sudden
and fatal incidents which, when they occur, excite
one feeling of sympathy throughout the whole com-
munity. Intelligence has been received in London
of the death of Mrs..Arbuthnot by a most appalling
accident. The young lady, who was only recently
married, and was on her wedding tour, was struck
by lightning yesterday near Interlachen, during a
thunderstorm, and instantly killed.
The circumstances, as far as they are known, are
these. Mr. and Mrs. Arbuthnot had arrived, on
their excursion, at Interlachen. Yesterday morn-
ing they set out on horseback, and accompanied by
a guide to ascend the Schelthorn, one of the Bernese
Alps. When they left the village the weather was
as fine as could be desired for such a trip. They
had reached 'lout halfway up the mountain, when
they alighted and walked some distance further..
The sky then became ,overclouded, but there was
nothing in the appearance of the atmosphere which
gave any alarm to the guide, well accustomed to
such sudden changes. Mrs. Arbuthnot, feeling a
little tired, sat down to rest, and Mr Arbuthnot
and the guide proceeded some distance further up
the ascent, but never went out of sight or hearing
of their companion. In a few minutes a furious
thunderstorm burst over them, and they returned as
rapidly as they could to the spot where they had
left Mrs. Arbuthnot. They found her dead. She
had been struck by lightning, and killed instan-
taneously.
Mrs. Arbuthnot was the fourth daughter of Lord
Rivers and niece of Earl Granville. Her untimely
death will be mourned by a wide circle of relatives,
but the awful manner in which a beautiful young
bride was cut off, in the midst of bright hopes and
happiness, cannot but make a deep impression in
every rank of society.

Hurst and Blackett, 13, Great sfarltorou,7,ll-street.

ROYAL NAVAL, AI IL IT A RY, and
GENERAL LIFE ASSURANCE SOCIETY (Esta-
blished A.D. 18:i7. under Royal i atronage), 17, Waterl,o-
place, London, S.W.
AItTRUR R. HAMILTON, Secretary.
Agents wantet in towns not yet represented.

MR. BAILLIE COCHRANE'S NEW WORK.
Now ready, nt all the Libraries, in 2 vols., 2'

'218.,

EIGHT PER CENT. PREFERENCE SHARES OF
THE ATLANTIC TELEGRAPHIC COMPANY.
Issue of 50,000 Shares, £5 each.
No.—
To the Directors of the Credit Fonder and Mobilier of
England (Limited).
Gentlemen,—Having paid to the (insert bankers' name)
Bank the sum of £ , being 11 per Share on
Eight per Cent. Preference Shares of £5 each in the At-
lantic Telegraph Company above-mentioned, I request you
will allot me Shares in the said Company upon the
terms of the Prospectus issued by you, and I agree to ac-
cept such Shares or any less number that may be allotted
to me, and to pay the further sum of £4 per Share thereon
due on allotment.
I am, Gentlemen, your obedient Servant,
Usual signature
Name and surname in full
Profession, trade, or occupation
Residence
Date June, 1865

HISTORIC PICTURES.
By A.. BAILLIE COCIIRANE, M.P.

NORWICH UNION FIRE OFFICE.—
The lull benefit of the nEDucTioN of DULY to
Is. 6d. per c •nt. from Midsummer next will be given to
Insurers now effecting Policies with th s Company.
By this Reduction and the BONUS S tor of the
NORW IC t I UNIoN, the cost of insurance wlll be reduced
to a Minimum Amount.

- -
From the Times.—" Mr.— MilMe Cochrane has published
two entert titling volumes of s-udies from history. •I hey are
lively rea:tin,cr. The wo-k is a study of the more interestii.g-
momt-nts of history - what, in.leea, the author hunse I calls
it, • 11 into' is Pi..tures.' "

Hurst and. Blackett, 13, Great Marlborough-street.

MR. BOYLE'S TRAVELS IN BORNEO.
Now ready, in R
-vcx, with Iliustrations, 15a. bound,
ADVENTURES AMONG THE DYADS
OF uORNEO.

By FREDERICK IfYYL E, Esq., F.R.G.S.
Hurst and Blackett, Publishers, 13, Great Marlborough-
Street.

This Day, price 25., uniform with " ANONYMA,"
SKITTLEs INPARIS.
N.B.—No novel of the age .urpasses in interest thi4 ro-
man; e of real lite: it has a I the piquancy of fiction and all the
charms of t uth. George VI kers, An,el-court, Strand.

ISSUE of 50,000 EIGHT PER CENT. PRE-
FERENCK SHARES in the ATLANTIC TELE-
GRAPH COMPANY.
The CREI'IT FO\CIER and MOBILIER of EVGLAND
(Limited), HEREBY GIVE NOTICE, that the t-UB A:11.1P-
TION LIST tor the above SHARE; wll CLOSE on
TUE-7:DAY NEXT, the 27th instant, at Four o'clock, for
London Appl.cations, and on WEDNESDAY NEXT, the
28th instant, at Twelve o'clock, for Country Applications.
- - -

Now ready, at al the Libraries, in 3 vols.,
LTFE : Its Nature, Varieties, and Phenomena.
iiy Lr.O IL GEINDON.
The Publisher begs to anpounce the issue of the Third
Edition of the above populpy work in sixpenny mOuthly
parts. Parts LA, IX. nowitificly.
The work can be ha-I complete, in cloth, price 6s. 6d. •
" To those who delight in the exercise of their intellectual
powers, these very thoughtful and b.autifully-written reflec-
tions will be a welcome boon, and the source long afterwards,
we may rest assured of many iruitful meditations and plea-
sant memories." —Sun.
London: F. Pitman, 20, Paternoster-row. E.C.

By order of the Court,
ALFRED LOWE, Secretary.
17 and 18, Cornhill,•London, June 21, 1865.

THE LONDON MERCHANTS COMPANY
(Limited .
Incorporated under the Companies Act of 1862, with
Limited Liability.
Capital £1,500,000, in 15,000 Shares of £lOO each.
£2 per Share to be paid on Application, and £8 on Allot-
ment.

Cloth, price 2s. 6d.,
AHANDBOOK for the MAN of BUSINESS,
applicable to ad Departments of Commercial Engage-
ments.
London : F. Pitman, 20, Paternoster-row, F.C.

No further ()all will exceed £5 per Share, nor be made at
intervals of less than Three Months. •
It is not intended to call up more than £5O upon each Share.
DIRECTORS.

Extra cloth, price 55., •
QC EP TICISM AND SPIRITUALISM.
The experiences of a Sceptic. By the Authoress of
" AURELIA."

W. R Robinson, Esq.,
John Fleming, Esq., Messrs Robinson and Fleming.
George Fleming, Esq.,
James Alexander Esq., Messrs Redfern, Alexander,
Philip Vanderbyl, Esq., and Co.
IL Stuart Lane, Esq.,
Horace E. Chapman, Esq., Messrs Lane, Hankey, and Co.
F. H. Holbert, Esq.,

London : F. Pitman, 20, Paternoster-row, E.O

Demy Bvo., price 25.,

7
OILI S M: An Essay toward Pathological
Analysis. An Eclogue for Eventide. By JOHN
FOYER, Author of "St. Thomas A'Beckett," " Anti-
Colenso," &c. tte..
London: F. Pitman, 20, Paternoster-row, E C.

. _
BANKERS.
London and County Bank, Lombard-street.
National Bank, Old Broad-street, and all its Branches.
Messrs. Prescott, Grove, Cave, and Cave, Threadneedle.
street. -

ow ready, boards, price is. 6d.,

HITS; a Collection of the Best Tales contri-
buted to "Temple Bar," " Once a Week,". " Cham-
bers's lournal," km By I. 4:WIS riOUGH, M.A. With
Two Illustrations by W. Schwench Gilbert.

SOLICITORS.
Messrs. Newbon, Evans, and Co., Nicholas-lane.
Messrs. Cotterill and Sons, Throgmorton-street.
BROKERS.

London: F. Pitman, 20, Paternoster-row, E.C.

Messrs. Seymour and Co., Throgmorton-street.
Messrs. 'lichens, Harrison, and Co., Threadneedle-street

Demy 4to , cloth, price 7s. 6d.,
91HE PSYCHONOMY of the HAND ;
11. ,or, the Hand an In ex of Rental Development.-
London : F. Pitman, 20, Paternoster-row, E.C.

SECRETARY (pro tem.)
J. D. O'Brien, Esq.
Temporary Offices-21, Austinfriars.

The BOOK of the DAY and EVERY MAN'S BOOK.
Just published, prise Is. 6d, by post. free, Is. Bd.,
REVELATION of QUACKS and QUACKERY.
By D t•ir ECTOR.
For notices of this starting work see the " Saturday Re- •
view" of Awn I, entitled "Quacks and Quackery ; ' the
Crimes ;" " The Sun" of April 12, " • Detector's' Broadside
" The Quacks and their
0"
nW4,2ene
el Weekly
aDn April
GUIDE TO THE QUACKS OF LONDON.
A Series of Papers relative to Q'iacks, which appeared in
the " eedical cul sr?" with- the signature of "Detector,"
and Quackery."
has been republished in the form of a short pamphlet The
rea ter of " Punch" saould read this pamphlet also. He has
of,en read, in the pages of "Punch," of o,rtain Quacks, frau-
dulent and noisome, who obtain money by false pretences,
and more money by menaces and extortion, front green
young men. For their names, which " Punch" would not
advertise, he has refer' ed his readers to the lower corner of
the adyertisin.; columns of low.newspapers, amongst which
too many of Mr." Punch's" contempora, ies, especially in the
country, may still be enumerated. But now he begs to pub-
lish the information that a nominal list or these ti,i,creants,
with copies of their puffs and other earticulars concerning
them, needful to be known, will be found in the parnphl t
above referred to, which is entitled " Reveled, ns of Quacks
an i Quackery," and is to be had at the "Medical Circular"
Office, 20, King William-street, St, and, W.ti.
The vile practices, the monstrou• imoudence, the cruel
rapacity, rind the enormous dins of he obscene tribe of
Qu,t, ks, the misalnet they do, the ruin they work, even to
the causation of suicide, are sully set forth in " Revelations.
of Quacks at,d Qa..stliery." And mark espee'ally that, as
aforesaid, the names of the Quacks are puhlishel. The
pamphlet in question thus constitutes a regular Quack Dl-
r.etory. b. con offing which every young man may know
where he may go if he wishes to get plundered and destroyed
Buy, therefore, reader, by all means buy " evelations of
Quacks and Quackery." Its contents will astonish and amuse
y.at, wide they invoke year indignation and disgust. Of
course you do not want it on account of its warnings for your
own sake, but you doubtless do for t hat of the many sinple-
ions with whom you must be acquainted, it your acquaint-
ance is large. " Who are the Quacks that' Punch' means ?"
Consider what it is to he able to qnswer tats question of the
young anti inexperienced, and, for charity's sake, if for no
other, go and provide yourself With " Revelations of Quacks
and Quackery," by Detector.—Punch, April 12.

PROSPECTUS.
This Company has been formed by the amalgamation of
the following London Firms, for the purpose of carrying
on and extending their business as Merchants under the
Joint-Stock Companies Act, with limited liability.
Messrs. Robinson and Fleming.
Messrs. Redfern, Alexander, and Co.
Messrs. Lane, Hankey, and Co.
Experience has shown that undertakings established
upon the principle of limited liability cask successfully
carry out the most confidential operations of banking and
finance, and the Directors feel assured that mercantile
transactions will now be even more freely entrusted to a
Company so formed than to private firms. It is believed
that the periodical publication of a balance-sheet, with the
security afforded by a large uncalled capital, will, when
combined with the personal management of a board of ex-
perienced merchants, attract business of the best class,
under permanently favourable conditions.
The basis of the arrangement with the amalgamated
firms is as follows :-
1. All the liabilities and obligations of each house are
to be liquidated altogether independently of the Company,
except where any such may hereafter be agreed to betaken
over by the Board as new and desirable business.
2. The partners of each house bind themselves not to
enter into any fresh mercantile operations in England of a
similar character during ten years ; and the completeness
of the transfer, with the efficient management of each par-
ticular class of business, is insured by the leading mem-
bers of the three firms joining the Board and remaining as
Directors. The qualification of each Director is fixed by
the Articles of Association at £lO,OOO, to be held in the
Stock of the Company.
3. The total goodwill of the amalgamated firms will be
taken, one-third in Shares with £5O paid, and two-thirds
in Debentures, payable with 5 per cent. interest, in equal
annual instalments over ten years, thus identifying the
interests of the vendors completely and continuously with
that of the Company.
The total amount thus paid to the three firms for good-
will in Shares and Debentures will be £375,000, which
sum is calculated upon their actual profits for three years ;
without estimating any increase from new business, or
savings which will be effected by the amalgamation, and
assuming only the present profits of the united firms, a
large dividend may, therefore, be anticipated on the paid-
up capital, from the establishment of the company.
The amalgamated firms and their immediate connexions
are prepared to subscribe for a large portion of the pro-
posed capital ; but as it is believed that the influence and
prosperity of the Company will be increased by establish-
ing it on a wide and a public basis, and that many inves-
tors will gladly seize the opportunity of thus becoming
merchants without the unlimited risks of partnership, the
directors have decided to open the subscription to the
public.
To meet the wishes of those who may desire to pay up
at once the amount that is intended to be called on the
shares, it has been decided to allow such prepayments to
the extent of £5O per share, and such shares will then rank
for dividend in proportion to the amount paid up. A
separate form of application for such shares is enclosed.
There will be no promotion-money paid for the forma-
tion of the Company.
Applications for shares, accompanied by a remittance for
the deposit, may be made to the Bankers and Brokers.
The Articles of the Association are open for inspection at
the Office of the Solicitors.

APHOTOGRAPHIC CURIOSITY.-
The Photographed fac-simile of the First Page of
TUE SUN now publishing, and may be had
On Paper at Os. 3d.
On Card ..........
Ditto, framed ls. 6d.
By order of all Booksellers and Dea'ers in Photographs,
and at THE SUN OFFICE, 112, Stiand.
" 'The San ovening newspaper has just issued a photo-
graph, 9 inches by 7, of its first page as it apneared on the 2d
of last January. The card towns quite a literary curiosity,
a d is on, of the best specimens of minute typogrApLy ever
published."—London Review.

FORM OF APPLICATION FOR ORDINARY
SHARES.
__ (To be retained by the Bankers.)

No
To the Directors of the London Merchahts Company
(Limited).
Gentlemen,—Having paid to the Bankers,
the sum of £ , being a deposit of £2 per Share on
Shares in the above Company, I hereby request that
you will allot me that number, and I agree to accept such
Shares or any less number you may allot to me, and I agree
to pay the sum of £8 per Share on allotment, and I autho-
rise you to insert my name on the Register of Members for
the number of Shares allotted to me.
Usual signature
Name in full
Residence
Profession
Date..

..1865

FORM OF APPLICATION FOR £5O PAID -UP
SHA.
(To be retained by the Bankers.)

No
To the Directors of the London Merchants Company
(Limited).
Gentlemen,—Having paid to the Bankers,
the sum of , being a deposit of £2 per Share on
Shares in the above Company, I hereby request that
you will allot me that number of L5O Paid-up Shares, and
I agree to accept such Shares or any less number you may
allot to me, on the terms of the Prospectus, and I agree to
pay the balance of the amount, viz., £4B per Share on
allotment, and to sign the Afticles of Association of the
Company when required ; and I authorise you to insert
my name on the Register of Members for the number of
Shares alloted to me._ .

Usual signature
Name in full
Residence
Profession
Date

~.1865

THE LONDON MERCHANTS COMPANY
(Limited .
NOTICE IS HEREBY GIVEN, that the APPLICA-
TION LIST for the SHARES of this Company will be
CLOSED on MONDAY NEXT, the 26th inst.
J. D. O'BRIEN, Secretary (pro tem.)
Temporary Offices-21, Austin-friars,
June 22, 1865.

DINNEFORD'S FLUID MAGNESIA.
The medical profe •aion for Thirty years have approved
of this pure solution of Ma nesia as the best remedy for Gout
and stomach disorders of every kir d ; and as a mild aperient
It is esr ecially adapted for ladies and children. Prepared
solely by
DINNEFORD and CO., Chemists, ft.,

172, New Bond-street. London ;
Ard sold throughtut the world by alt respectable chemists.
CAUTION —See hat " Dinneto
label rd and Ccork o." is on each bottle
and rcd over the .

NOTHING DIPOSSIBLE.—The greatest and
most usetul invention of the day, AGUA A MAR ELL .1.
Messrs. JOHN GOSNELL and CO., 12, Three King-court,
Lombard. esp
street, ers to her Majesty, ect-
fully offer to the public London, thisPerfu trulmy marvellous dull r.
which
gradually restores the human hair to its pristine hue—no
matter at what age. The Agna Amarella has none of the
properties of dyes • it, on the contrary, is beneficial to the
system, and when 'the hair is once restored one application
per month wilt keep it in perfect colour. Price one guinea per
bottle, or in half bottles. ice. 6i. Testimonials from artistes
of the highest order, and from individuals of undoubted re-
spectability, may be seen on application. Messrs. John
G..snell and Co. have been appointed Perfumers to her Royal
Highness the Princes. of Wales.

•
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PRICE 4d.

The Lord Chancellor stated that the acts for the concen-
tration of the Courts of Justice having become law, instruc-
tions are being given for issuing a Royal Commission in
the matter. The Government had advised her Majesty to
issue a Commission, constituted in the main as follows :-
1. The Lord Chancellor and one or more of the Equity
judges, with three of the officers in Chancery, to be from
time to time selected by his lordship. 2. The chief justices
of each'pf the three common law courts, and one of the
puisne judges, with one of the officers of each court, to be
selected by each chief justice respectively. 3. The judge
of the Probate Court and one of his officers. 4. The Ad-
miralty judge and one of his officers. 5. The Attorney-
General, Solicitor-General, and Queen's Advocate. 6. One
of the benchers of each of the Inns of Court. 7. The Chan-
cellor of the Exchequer. 8. The Chief Commissioner of
her Majesty's Roard of Works and one person to be named
by him. 9. Three solicitors, to be selected by the Incor-
porated Law Society. 10. A member of the Corporation
of London, the Lord Chancellor suggesting that ME
Alderman Lawrence, M.P. for Lambeth, would be a fit
person for the purpose. The Commission would hold its
first meeting befor the Judges leave town on circuit.
Alderman GIBBONS, agreeing that Alderman James Law-
rence would fitly represent the Corporation on the COmmis-
sion, thought it an extraordinary proceeding for the Lord
Chancellor to dictate to the Common Council whom they
should nominate to represent them.

Eventually the Court appointed Mr. Alderman James
Lawrence to represent them on the commission.

THE RECORDER AND COMMON SERGEANT.

The Law, Parliamentary, and City Courts Committee
brought up a return, which had been ordered on the motion
of Mn. H. L. Taylor, from which it appeared that during
the eight years the present Recorder had held office he had
received as counsel fo'r the several branches of the Corpora-
tion the sum of £4,540 odd, or an average of £567 10s. a
year, and that the Common Sergeant had received during
his period of office £4,574, or £594 7s. 6d. a year, indepen-
dently of their respective salaries; the salary of the Recorder
being £3,000, and that of the Common Sergeant £1,500.
The Court adjourned.

Miss Long-worth and the ‘, Saturday

Review."

On Wednesday the First Division of the Court of Ses-
sion gave judgment on the reclaiming note for the defenders
in the case of Maria Theresa Longworth, designing herself
the Hon. Maria Theresa Longworth, or Yelverton, against
Mr. Beresford Hope and Mr. Douglas Cook, proprietors of
the Saturday Review, in which the pursuer claims £3,000
damages for an alleged libel on her character published in
that journal on the 30th of July, 1864. Arrestments were
made of sums due to the defenders by various publishers in
Edinburgh, according to the mode of founding jurisdiction
in the Scottish Courts, in the case of defenders residing
furth of the country. The action was met by the defen-
ders with the preliminary pleas of want of jurisdiction and
forum non competens. Lord Ordinary Jerviswoode on the
14th of March issued an interlocutor repelling these pleas,
and appointing the case to be enrolled with a view to
further procedure. Their lordships now unanimously
sustained the judgment of the Lord Ordinary.
The Lord President said—We have nothing to do at
present with the character of the article in the Saturday
Review, be it slanderous or not. The questions we have to
deal with are the question of jurisdiction and the question
of forum non competens. The defenders not being resi-
dent in this country, jurisdiction can only be founded
by arrestments made for that purpose; and the ques-
tion is whether, in respect of the arrestments made
in this case, there is jurisdiction in this Court. It is not
disputed that by arrestment used for that purpose the Court
does obtain jurisdiction in a great number of cases, and
that it is quite acommon mode of proceeding against parties
furth of this country. But it is said that it does not apply
to all classes of cases, and that this is not one of the kind of
-cases to which it applies, being an action of damages for
alleged wrong, and not an action for the recovery of any
sum due on any mercantile transactions leading to damages.
There can be no doubt there are exceptional cases in which
the jurisdiction of the Court could not be founded by the
arrestment of movable securities ; but in reference to a
pecuniary claim for damages for slander it does not appear
to me that this objection has ever been sustained, and I
think it is very difficult to distinguish that class of cases
from those of any ordinary claim for debt. The next ques-
tion is the plea of forum non competens. That plea does not
mean that the forum is one in which it is wholly incompe-
tent to deal with the questions raised. The plea is gene-
rally stated in reference to a class' of cases in which the
Court has considered it more expedient for the ends of jus-
tice that the parties should seek for justice before another
forum—cases where it must be an obvious hardship or in-
justice in requiring the party to come here, or where the
means of ascertaining the truth more plainly existed
elsewhere, or where the law to be administered ought
more properly to be the law of another country. In
the present case the pursuer sets forth that she has re-
sided in Edinburgh, and that she is alitigant inEdinburgh,
as the records of this court show on more than one occa-
sion ; and she complains that, in reference to a litigation
which has been depending here, and which was transferred
to the House of Lords, although subsequently brought
back to this forum,an article was published in the Saturday
Review which she describes as libellous. The defenders
allege that the pursuer is a domiciled Englishwoman, that
she has no property or residence in Scotland, and only
comes occasionally, and for a few days at a time, to Edin-
burgh, and while there she resides at a hotel. This is denied.
They say they are domiciled in England, and that they have
no business in Scotland, and no agencies, and that they are
ready to answer in the proper courts in England. Now, as
to the question of domicile, I do not think that has to do
with the question. As to residence, the pursuer describes
herself as resident in Edinburgh, and I do not think there
is enough set forth to make it clear that she has left Eng-
land and come to Scotland for the purpose of availing her-
self of the law of Scotland in this matter. It is not stated
by the defenders where she was when this publication
took place. She describes herself as resident in Scotland at
the date of raising this action, in August, 1864, and the
date of the publication of the article was in July. It
just comes to this—that this lady, though domiciled in
England, being here litigating—pretty frequently, it may
be—and residing, it appears, for some time here, hav-
ing interests here, and having litigations here, says that
she is slandered by a publication issued from London, and
sent down to Edinburgh, where her litigations are going
on, and she says these slanders injure her in her character
and reputation. It is admitted that copies of this journal
are sent down to Scotland, and the pursuer's case is that
the alleged slander is thereby published in Scotland ; she
says it affects her character—that the publication in Scot-
land is an injury done to her in Scotland. Now, then, I see
no reason why a party coming here complaining of an injury
done to her in Scotland—it may be done to her in England
also as well as in Scotland—should not be entitled to pur-
sue in this form. You are told that there may be incon-
veniences attending this course because of differences in
the law of the two countries. It is not explained what
these differences are, but I am not prepared to hold that the
law of the other country is a law which is to regulate the
consequences of a libel circulated in this country. I am not
prepared to hold that if a person circulates in England, and
sends down and circulates in Scotland that which by the
law of Scotland is libellous and slanderous—even though by
the law of England it is not so—he is to be exempted from the
consequences of the circulation of that slander in Scotland,
or that the party injured is to have no redress merely bec.ause
in the country in which the thing was first given forth it is
not a libel. It may be that in some countries there is no law
of libel at all ; but are persons in this country to be subjected
to injury consequent on the circulation of a slander, and the
law to offer them no redress? On the whole, lam of opinion
that this plea of non competens should be dismissed, and we
should adhere to the judgment of the Lord Ordinary in the
case.

Lord Curriehill 'concurred.
Lord Deas said he had arrived at the same result with
their lordships and the Lord Ordinary. Upon thisquestion
of founding jurisdictions he had doubt. The mode of
founding jurisdiction was applicable generally to pecuniary
claims, however they might arise. There were certain classes
of claims involving status in which there were exceptions to
this mode of founding jurisdiction, but it was imperative
on the party objecting to the jurisdiction to show grounds
for including any particular case among the exceptional
cases ; but that had not been done in this case. The onll-
- on which he thought there could be any doubt in
this case was the second question, whether this was the
proper forum whore the action ought to be tried. The
Court were not bound to exercise the jurisdiction if, by
exercising their jurisdiction they would be putting the de-
fender who objected to it to an unfair disadvantage ; but it
lay upon the party taking that objection to show that he
would be clearly put to some unfair disadvantage by the
case being tried in this country. According to the law of
Scotland, the sending of any single copy of the newspaper
to any individual in Scotland, be it the lady herself, would
be sufficient to found an action for libel if the action were
otherwise competent. In this case, however, it was ad-
mitted that there was a publication in Scotland. If any
parties published a book or paper in the English lan-
guage in London—whether they gave it merely to their
newsagent or to any other limited class of people, or if they
put it out of their ownhands—it would require a great deal
of consideration, if it came to Scotland, to say that they
would not be subjected to an action for libel for the contents
of the book or paper just as much as if they had sent the
book or paper direct. • But they did not require to consider
that question, because it was admitted that copies of the
newspaper had been sent to parties in Scotland. Now,
then, take the case that, instead of slandering this lady,
which.she says they did, the slander had been directed
againgt ib §M41.1 Perclutnt carrying 911, a large jawinefig