from ordinary commercial transactions. No satisfactory definition of the term money-lender" had been suggested. Nor was such definition necessary. The Committee concluded that the transactions would be sufficiently distinguished by the expression "transactions with persons carrying on the business of money-lender in the course of such business." The two fundamental proposals made to the Committee were:-" "(1.) That Parliament should enact that any interest above a certain rate on loans advanced by professional moneylenders should be irrecoverable at law, or (2.) That the courts should have power to go behind any contract with a moneylender, to inquire into all the circumstances of the original loan and of the subsequent transactions, and to make such order as may be considered reasonable." As regards the first, since a high rate of interest is not in itself incompatible with fair dealing, no limit of interest could be prescribed which would be adapted to the widely different conditions under which loans were contracted. If a maximum rate of interest were fixed by statute the rate would tend in all cases to rise to the maximum. Moreover, any hard-and-fast rule would be evaded. The Committee do not, therefore, recommend any statutory limitation. regards the second proposal, which was supported by high legal opinion (Mr. Justice Mathew recommended the limitation of interest to 10 per cent.), the Committee say:

As

"After carefully considering the whole of the evidence and opinions, your Committee have arrived at the conclusion that the only effective remedy for the evils attendant upon the system of money-lending by professional money-lenders is to give the courts absolute and unfettered discretion in dealing with these transactions. They therefore recommend that all transactions, by whatever name they may be called, or whatever their form may be, which are, in substance, transactions with persons carrying on the business of a money-lender, in the course of such business should be open to complete judicial review. That in all legal proceedings to enforce, or for any relief in respect of, a claim arising out of such transactions, the court should have power to inquire into all the circumstances of such transactions, from the first transaction up to the time of the judicial inquiry. That in such proceedings the court should have power to reopen any account stated in the course of such transactions, to direct that an account be taken upon the basis of allowance of such a rate of interest as shall appear to be reasonable, having regard to all the circumstances, and to make such order as the court may think fit." That, having regard especially to the fact that money-lenders frequently take from borrowers promissory notes, or bills of exchange, which are negotiable (the borrower having no defence against the claims of the holder in due course), the

court shall have power to direct repayment by the money-lender to the borrower of any amount paid to such holder over and above the amount which the court may direct to be reasonably due to the money-lender. That a borrower should be enabled, agreement to the contrary notwithstanding, to apply to the court for relief from his bargain upon payment of the principal and such interest as the court may deem reasonable. That the discretion suggested should be exercisable by any Judge of the High Court, or of a County Court. That there should be no right of appeal from any such decision, except by leave of the court. That no renewal of the loan should be valid so long as the judgment remains unsatisfied. In view of the fact that borrowers will often submit to any degree of oppression in order to hide the consequences of their folly or misfortunes, the Committee consider that to make these remedies effective the court should have power to hear any moneylending case in private. Concerning Bills of Sale, the Committee recommend that the minimum limit for all bills of sale should be raised from £30 to £50; that 21 clear days' notice should be substituted for 5 clear days under Section 13 of the Bills of Sale Act; that goods assigned should not be rerioved by the grantee or his assignee; that every such bill should be attested and fully plained by the Registrar of the County Court in which the borrower resides; that the Registrar shall be satisfied that the whole amount has been paid over (the bill otherwise to be void); that the exact amount of principal advanced and rate of interest per annum shall be clearly stated in the instrument; that only certified bailiffs shall be empowered to take possession of goods, and that no such bailiff shall be allowed to carry on the business of a money-lender; and that any bill of sale which may result in the evasion by the grantee of the Bills of Sale Act, or amendments thereto, shall be void. The Committee recommend that when money-lending transactions are conducted by absolute bills of sale, accompanied by a hire-purchase agreement, such agreement should be registered with the bill of sale. Warrants of Attorney and Cognovits.-The Committee recommend the abolition of these in connection with money-lending. Procedure. The money-lender should have the right to sue only in the county court of the district in which the borrower resides. Bankruptcy.-Provisions of Section 23 of the Bankruptcy Act, 1890, being frequently evaded by reason of the Official Receiver or Trustee not having power to review the whole transaction with the money-lender, and borrowers being generally forced to obtain renewal after renewal at increasingly extortionate rates, the result is that the amount of principal claimed under the last contract prior to bankruptcy is out of all proportion to the sum actually advanced. Several cases showed that the claims of other creditors are often swamped by those

therefore, recommend an addition to Section 23, providing for the deduction from the amount of the proof of all amounts in excess of the principal and interest at the rate of 5 per cent. per annum thereon, "without prejudice to the right of such creditor to prove for the remainder of his debt or so much thereof as the Court shall allow after all the debts proved on the estate shall be paid in full." Also providing that the creditor may be required to furnish a statement of account, "certified by affidavit, showing the whole of such transactions from the date of the first advance and distinguishing the amounts of any repayment, whether of principal, interest, commission, bonus or other charges, and the amount of any interest, commission, bonus, or other charges, included in the account." Scottish Procedure under Summary Jurisdiction.Cases having been brought forward showing that great hardship is sometimes inflicted upon debtors in England by their being sued in Scotland under the process of Summary Diligence, the Committee recommend that this process shall not be applicable unless the borrower has a domicile in Scotland. Garnishee.-It has been held that clerks and other such persons in receipt of small salaries are not entitled to protection under the Wages Attachment Abolition Act, 1870. Evidence showed that garnishee summons may be and is used as an instrument of oppression against clerks and persons in similar positions. The Committee therefore recommend that the protection of the Act should be extended to all persons whose wages or salary, together with any other income, does not exceed £200 per annum. Registration of Money-Lenders.The Committee recommend:-“ (a.) All persons carrying on the business of a moneylender, whether individually, in partnership, or as a company, should be registered as such. (b.) That such person should be registered in every County Court district in which any premises from which any communications are addressed, or in which any money-lending business is carried on, are situate. (c.) That the Registrar of the County Court in which such premises are situate should be the registrar; that a fee of £5 should be charged in respect of every registration, and that the register should at all reasonable times be open to public inspection free of charge. (d.) That the Registrar of the County Court should be required within three clear days after registration to transmit to the Registrar under the Bills of Sale Act, 1878, a copy of the entry in his register, and that such Registrar should be required to copy such entry into a book specially kept for the purpose, and that such book should be open to public inspection at all reasonable times free of charge. (e.) That no money-lender should be allowed to trade individually, otherwise than in his own name, and that when he

trades in partnership the firm should be registered, and the names and addresses of the partners given. (f.) That it should be declared an offence for any money-lender, individually or in partnership, to carry on the business of a money-lender under the name of 'bank,' 'trust,' 'corporation,' or other misleading title, or to issue or publish any false or misleading prospectus, circular, or advertisement, and that it should be the duty of the Registrar of each County Court to report to the Public Prosecutor any such offence which may be brought to his knowledge, or of which he may become cognisant. That on conviction for any of these offences it should be competent to the Court to strike the name of such money-lender off the register for any period, and to impose a penalty to be prescribed by statute. That no money-lender should be capable of recovering any debts incurred in connection with money-lending transactions during the period for which he has been struck off the register. (g.) That any money-lender carrying on such business without being registered should be incapable of recovering any debt incurred in connection with money-lending transactions. In cases where the business of a money-lender is carried on by a company registered under the Companies' Acts, the company should be described in the register, and in all circulars, advertisements, documents, or letters, as 'subject to the provisions applicable to persons carrying on the business of a money-lender,' and the above recommendations should apply to such a company, and the responsibility for any of the offences above referred to, or for the evasion of any of the above-mentioned provisions, should attach to the managing directors and other officers." The Committee do not recommend that money-lenders should also be licensed, because of the "serious difficulties of carrying out a system of licensing efficiently, and of the opportunity which the money-lender would have, under such system, of advertising himself as licensed under Act of Parliament,' and thereby implying a guarantee of respectability and fair dealing."" Accounts of MoneyLenders.-A further safeguard to which the Committee attach some importance is that every person or company carrying on the business of a money-lender should be required to keep regular and strictly accurate accounts of each transaction, and to furnish to the borrower, on every date when an instalment falls due, a clear statement of his account up to date. Cases were brought to the notice of the Committee, in which borrowers had been kept in complete ignorance of the state of their accounts until they have been on the verge of ruin. Documents.-The Committee also recommend that the money-lender should be required to furnish to the borrowers and to the sureties, if any, at the time each transaction is entered into copies of every document signed by him or them, and that any failure to do this should render the

money-lender liable to lose his right of recovery of any money lent. Co-operative Banks.-The Committee received important evidence as to the operation of co-operative banks on the Continent, and in some parts of the United Kingdom. It appears that the establishment of such banks has been of great use in abolishing, or largely diminishing, the trade of lending money at exorbitant rates of interest to the poorer classes. The Committee, impressed with the extreme usefulness of these institutions, are of opinion that they meet a real want, especially in agricultural districts. They do not, however, recommend any State intervention in connection with them at the present time."

MUSEUMS.

Science and Art Department. Report from Select Committee, July, 1898. The Select Committee appointed to inquire into and report upon the administration and cost of the South Kensington and Bethnal Green Museums, the Geological Museum, Jermyn Street, and the Dublin and Edinburgh Museums of Science and Art (all under the Science and Art Department) is for the most part an elaborate analysis of the evidence taken in regard to the details of administration. It concludes with the following general observations and recommendations. General Observations.The South Kensington Museum arose from small beginnings, and has grown, as so many of our institutions have grown, under the influence of external circumstances rather than by the guidance of a consistent policy determined beforehand. The collection now at Kensington, including objects both of industrial and decorative art, was formed from purchases made by Parliamentary grants, from gifts by generous donors such as Mr. Sheepshanks, Mr. Jones, Messrs. Dyce and Foster, Mr. Ellis, Lady Charlotte Schreiber, Mr. Bolckow, and many others, and from loans such as those of Mr. Salting. The important question of danger from fire has already been reported upon by this Committee, and the Government has taken some steps to protect the museum. Fires have broken out in 1877, 1885, 1889, and 1897, possibly oftener, and although they have been "very trifling," it was necessary in one case to telegraph for all the engines that could be obtained. In one case in 1885 the fire burned for three hours, destroying 100 yards of the roof as well as a large number of exhibits. In 1893 an expert made a long report on the danger from fire; a cursory glance at this will demonstrate the extraordinary dangers by which the museum has been threatened for years. Some of the recommendations made in this report have been adopted. The recent action of Her Majesty's Office of Works has minimised other dangers, but the risks are still grave. It would be tedious to refer to the details which require attention; we will content ourselves with

The

pointing out that the "standpipes and hose of the Metropolitan Fire Brigade are neither in screw nor diameter such as would fit the hydrants" in the grounds of South Kensington (p. 8 of Report). There is only one effective remedy-namely, that the entire responsibility should be handed over to the Metropolitan Fire Brigade. This system works well at the British Museum and does not interfere with the discipline of the Museum staff. Outbreaks have not been prevented by the present arrangement at South Kensington. In every way it is advisable to place control in the hands of trained and expert professionals, pending which we recommend a regular inspection and test of hose and appliances. question of fire is closely related to the question of buildings. As the remaining temporary shedding is removed the danger will diminish. At present there is considerable danger from the position of the stores and from other causes. An annual rental of £4,526 is paid by the Science and Art Department for the buildings on the west side of Exhibition Road, including the annual rental of £864 to the Imperial Institute in respect of "Cross Gallery.' We consider these sums quite excessive, as the buildings in question are of a most inferior character. One of them is the Refreshment Department of an exhibition held in the sixties. A large proportion of these buildings is not top-lighted. We have already recommended the removal of the Jermyn Street Museum to South Kensington, where ample room can be provided for it; at Jermyn Street no extension can be hoped for. The capitalised value of the rental would be sufficient to erect a fine building adapted to modern ideas of museum construction. The offices and secretarial department should be removed to Whitehall as soon as the new Government buildings are completed. We understand that provision has already been made for this purpose by the First Commissioner of Works, and we express our full concurrence with his decision. This would give additional space at South Kensington; further space would also be gained by removing the barracks and canteen; also by abolishing the museum of fish culture. Your Committee would recommend a more prominent position for the main stall for the sale of catalogues and photographs at South Kensington, and in addition there might be in each of the galleries devoted to a special class of exhibits a stall for the sale of catalogues relating to such exhibits under the direction of the existing gallery attendant; the larger provision of explanatory notices, of cheap handbooks and catalogues ould materially enhance the educationa value of the museum. The collections would be more highly appreciated and rendered of greater value to the communi if explanatory lectures were given. Such lectures have been delivered at Dublin and Jermyn Street, and with encouraging results. In forming a judg

ment as to purchases, it must be remembered that there have been great changes of taste during the forty years which have elapsed since the Museum was founded, There has also been a great extension of information, and the true value has been given to many objects respecting which little was formerly known. Mistakes have doubtless been made; but they have been unimportant compared with the magnitude of the collections. After withdrawing from circulation objects of no value, there remains such an increase in the value of other objects purchased that the loss arising from those errors becomes of small account. Your Committee desire to record their opinion that the termination of the engagement of Mr. Weale, late keeper of the Art Library, immediately after the rising of the House in 1897, and subsequent to the giving of evidence by Mr. Weale, in which errors and abuses of administration in the museum were freely exposed, very much resembles a breach of privilege and an infringement of the immunity usually enjoyed by witnesses before Committees of the House of Commons. Your Committee have observed, with regret, indications of acute controversy between persons in official positions at or in connection with the Museum at South Kensington; this has been an injury to the public service, and has brought discredit on the administration. They sincerely hope that all members of the staff will henceforth cordially co-operate, and thus, working together, endeavour to promote in the most effective manner the usefulness of the Museum. Your Committee have been confined by the order of reference to the Museums, but have found the relationship between the Schools and the Museums so intimate that they have been compelled to make some reference to the Schools in the course of their Report. Your Committee desire to place on record their great regret that Mr. Acland, M.P., formerly VicePresident of the Council on Education, should have been compelled by indisposition to retire from the Committee. mate knowledge of the London Museums, to which he devoted the most careful attention, and his experience in educational subjects, would have been of the greatest service to your Committee. Recommendations. With a view to the efficient and economical management of the Museums in London, to say nothing of other educational advantages not within the order of reference, your Committee deem it of paramount importance that there be an Education Minister of Cabinet rank having a seat in the Legislature aided by a Parliamentary Secretary. They recommend that the Secretary for the Science and Art Department, like the Secretary of the Education Department, have his office at Whitehall. That there be advisers or visitors who would assist the Department by suggestions or information in matters affecting the Museums, but would not lessen the responsibility to Parliament of

His inti

the Parliamentary Chiefs. Such a system exists in Dublin and works well. The Board of Admiralty and the Indian Council render valuable assistance to the Great Officers of State, but do not shelter them from responsibility. That, with a view to facilitating communications between the Parliamentary Heads and the Principal Officers of the Museum, one at least of the former visit the Museum weekly or more frequently, and confer with such members of the Staff as the state of current business renders it desirable that he should consult. That a wide discretion as to the duties of the Staff continue to be vested in the Parliamentary Heads and those immediately responsible to them, it being impossible to foresee what modifications of any given system may be called for by new circumstances. Your Committee desire, however, to state their opinion that (1) larger discretion as to purchases ought to rest with the Director of the Art Museum as well as with the Director of the Science Museum, and (2) that officers be as far as practicable assigned to different divisions in the Art Museum in order that they may become accomplished experts. That the Director of the Science Museum should possess scientific attainments, and that the Director of the Art Museum have like qualifications as regards Art. That the higher Staff at the South Kensington Museum, being in point of numbers inadequate to the due discharge of the duties imposed upon it, ought to be increased. That, having regard to the annually increasing demand made by Local Museums and Schools of Art on the South Kensington Collection for circulation, it is desirable that the Parliamentary Grant for Purchases be increased. That admission to all the Museums be always free. That in accordance with their First Report of the present year the Science Museum and Science Library, provision for science instruction and for loans for scientific objects be placed on the west side of Exhibition Road exclusively, the Art Museum, the Art Library, provision for art teaching, and for loans of art objects being placed on the east side exclusively. The Royal College of Science may remain for a time, if the subjects taught be such as not to cause the discharge of gases injurious to art objects or danger of fire from inflammable and explosive substances. scientific world have expressed their views in support of this arrangement of the buildings in a memorial presented to the Prime Minister by the Royal Society. Members of the Royal Academy and other artists have made like representations. The Department of Science and Art has not submitted to the Committee any evidence in an opposite sense, but members of their staff have given testimony in favour of the views expressed by your Committee. That in accordance with the same report the Geological Museum in Jermyn Street be not occupied as now, but that the collec

The

tions there exhibited be removed to the west side of Exhibition Road as a Science Collection. Care should be taken that all the special characteristics of the Jermyn Street Museum be preserved, and that the Collection when removed serve the same purposes as at present, with the exception that the artistic pottery should be placed in the Art Museum. The relations between the Geological Survey and the Geological Museum are such that the offices of the former must necessarily be in close proximity to the Geological Museum. That provision be made for the residence of some of the principal officials in the immediate neighbourhood of the Museum within which they are employed. That negotiations be carried forward with a view to transferring to some Local Authority the site and structure of the Bethnal Green Museum, the Dixon Collection of Pictures, and any other objects specially dedicated by donors under their wills or otherwise. They are of opinion that meanwhile more changes in the objects exhibited might be made with advantage to the district. The Committee, however, call attention to the evidence of the difficulty, if not impossibility, of obtaining subscriptions from the ground landlords and industrial capitalists. They are of opinion that further gifts of public money should only be given to meet corresponding contributions from local sources, by way either of rates or of private subscriptions.

MWANGA (Flight of). (See AFRICA: UGANDA.)

NEWFOUNDLAND.

Correspondence Relative to a Contract (the Reid Contract) for the Sale of the Government Railway, and for other purposes. (Presented May, 1893.)-Late in February Governor Sir H. H. Murray telegraphed to the Colonial Office that the Newfoundland Ministry were pressing for his signature to the Reid Contract, a document of 98 clauses, which the Governor summarized as follows:-" Line of railway to be continuously operated for 50 years, 5,000 acres per mile for operation. Reversion line of railway will be sold for $1,000,000 payable now, in that case half land to be re-assigned: terms of contract dubious on that point. Contractor to reballast line of railway. Postal arrangements $42,000 per annum : if line of railway not operated it reverts to Colonial Govern. ment, but land and minerals remain to the Contractor: royalties reserved on all minerals fares and freight, fixing maximum 50 years: lands to be surveyed and selected within three years. Coal areas on which it has been discovered reserved, with exception of valuable area south-east of Grand Lake near line of railway, which is specially granted. It is known that coal good conditions laid down insure continued work 50,000 tons per annum :

imposition of duty on coal dollar per ton. Nine subsidized mail steamers on the coast, total sum about $100,000 per annum : this part of contract thirty years, fares and freight fixing maximum for this time. Contractor purchases dock, $325,000; he is to relay line of railway to Whitbourne, 57 miles, undertaking to build branch railway, seven miles, and new railway station to westward St. John's: must arrange for construction of and operation of electric railway, St. John's: and pave Water Street: payment to be made by Colonial Government for these works by issue of to the extent of $450,000, including right of way for branch railway. Telegraph lines to be worked by Contractor till AngloAmerican expiration of contract, 1904, for $10,000 per annum; Colonial Government to decide soon whether or no they will sell in the year 1904 all interest in telegraph lines for $125,000. Contract passed House of Assembly 26th of February; members in support of Government have been told that it is necessary to accept in order to enable Colonial Government to meet its obligations June next. Estimation of value reversionary interest in any mineral line of railway in the Colony fifty years hence difficult. £98,000 per annum remitted to London for payment of interest of Colonial debt and sinking fund." Mr. Chamberlain replied that this contract would place the future of the Colony in the hands of the Contractor, Mr. Reid, which appeared highly improvident. As there seemed to be no penalty provided for failure to operate the railways, the contract was essentially the sale of a million and a quarter acres for a million dollars. Immediate additional burdens, it was pointed out, would retard the industrial development Newfoundland Ministers expected. Sir H. H. Murray telegraphed March 5th a Minute of Council which contended that Mr. Chamberlain was under a serious misapprehension as to the effect of the contract, and said:"Railway reverts to Colony and latter retains million dollars if operation discontinued within fifty years. Ordinary price in this Colony for Crown lands thirty cents per acre. Contract imposes no extra charge on Colony. On the contrary, saving on steam, telegraph, and mail services in comparison with present rates is $30,000, and in addition $40,000 per annum in interest on debt. Gain upon dock equivalent to $7,000 per annum. Telegraph and railways really not assets but liabilities, as both involve heavy loss per annum in operation. By leasing railway, Colony escapes certain loss in operation, probably amounting to £40,000 sterling annually. Contractor by contract of 1893 is entitled to almost all good lands on both sides of railway, but would not develop under that short-time contract. Present contract secures development and assures increased revenue. Million for price will be used paying off that amount debentures of Colony now due. Ministers say that contract assures