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then he began to ask himself—Would a like release have like results in England ? "I returned to England," he said, "and began the earnest study of our Land Laws. I then returned to the Continent, and travelled through the principal countries of Germany. Throughout these countries I found that the feudal laws had been done away, and that the educated yeomen farmers and peasants were cultivating their own lands. Everywhere I found the good effects of these great reforms manifested in the moral wellbeing of the yeomen farmers and peasants, in the healthy self-help they manifested, in their hopeful looks, in the good and substantial appearance of their villages and houses, in the economical and careful management of their fields."

In 1846 Mr. Kay published "Education of the Poor in England and Europe," and in 1850 "The Social Condition and Education of the People in England and Europe." It is scarcely necessary to remind our readers that for many years Mr. Kay has been a regular contributor to our own columns, and the ink is scarcely dry on his last written communication. With what ability he has discussed the Education and Land Law Reform they do not require to be told; few modern writers, indeed, have brought to bear on these subjects so much thought and such exact knowledge, and his wise lessons have been rendered all the more valuable by remarkable illustrative power, and by the advantage of a graceful and vigorous style. A few years ago he published a treatise on "The Law relating to Shipmasters and Seamen," which established his position as an authority on the maritime and mercantile law of the country. In these and his other literary works Mr. Kay has left a rich legacy of political wisdom, of the value of which we have happily not been entirely ignorant during his lifetime.

As an education reformer Mr. Kay was no mere theorist; he was deeply interested in the first attempt at anything like a system of national elementary education in this country initiated by his brother, Sir James Kay

Shuttleworth. When the first English Training College for Teachers was established by Sir James Kay-Shuttleworth, and Mr. Tufnell at Battersea, Mr. Kay for about a year had great opportunities of observing and assisting in its management.

Mr. Kay was called to the Bar by the Honourable Society of the Inner Temple on the 5th of May 1848, and joined the Northern Circuit. In 1862 he was appointed Judge of the Salford Hundred Court of Record, and this appointment brought him into closer contact with the borough, though he had never ceased to keep up intimate social relations with many of his early friends here. He was made a Queen's Counsel in 1869. In the same year the Manchester Court of Record was amalgamated with the Salford Hundred Court, and Mr. H. W. West, Q.C., and Mr. Kay were appointed joint judges of the new court. Though Mr. Kay has not sat as judge for some time, he held that office at the time of his death.1

Of Mr. Kay as the Liberal candidate for Salford it is quite needless to say more than a few words. His ability and attainments were recognised by his opponents, and his telling speeches will not soon be forgotten-speeches in which sound and sterling views were expressed in choice and eloquent language, and with the skill of a practised and scholarly orator. How deep was the regard and how sustained the trust Mr. Kay won from the Liberal party in Salford in 1874 (when he and Mr. Henry Lee were opposed to Mr. Cawley and Mr. Charley) was emphatically manifested when Mr. Cawley's lamented death in 1877 caused another contest. Mr. Kay had only spoken a few times in the borough since the previous election, and he was then suffering from the effects of his exertions at a meeting in the Town Hall in the previous February. Yet though it was known that his presence was impossible—notwith

1 Shortly after being made a Queen's Counsel, Mr. Kay was elected a Bencher of the Inner Temple, and in 1872 was appointed SolicitorGeneral of the County Palatine of Durham.

standing the disadvantage of a fight in the absence of the standard-bearer-the influence of his very name was considered so great that his candidature was accepted with enthusiastic acclamation. It was said at the time of his first contest that "he was a Liberal in the best sense of the word, neither an obstructive nor a destructive ;" and he certainly never advocated change for the sake of change; but always maintained that without constant modifications according to the changing wants of the age, no institutions could be kept "in good repair." He married Mary Elizabeth, eldest daughter of the late Captain Thomas Drummond, who was for some years Under-Secretary of State for Ireland, and without any violations of that reserve which should be held specially sacred at this moment, it may be said that never was a union more completely happy. His long and painful illness was borne with serene steadfast composure, and his almost heroic cheerfulness was sustained by the tenderest and most devoted love; and the kindness and consideration for others which throughout his life won for him the love and regard of all who knew him intimately were not wanting in his last hours.

At such a time the rancour of political strife is forgotten, and in the case of a man in whom party differences rarely, if ever, interfered with private friendship, it is all the more easy to realise how much in his departure we have lost as a community. There have been many men whose opportunities for active political life have been more extensive, and Mr. Kay will perhaps be remembered rather as a philosophical thinker and writer than as an ardent partisan. Only his most intimate friends could fairly estimate his great capabilities, his generosity, and disinterestedness. At a period like the present, indeed, it is difficult to avoid repining for the loss of a man apparently so well fitted to play a conspicuous part in political life; but how few men leave us whose careers have been rendered so useful to

their fellow-creatures. virtues, no catalogue of imaginary services, will be inscribed on the tomb of Joseph Kay, but those to whom he was nearest and dearest may be assured that his memory will be kept green in the hearts of the best men and women of his native town as a genial and accomplished gentleman, a faithful friend, and an honest man.

No fulsome record of imaginary


December 15, 1877.

IN these letters I wish to explain, as simply, clearly, and shortly as I can, the facts of a great subject, which will henceforward until its settlement more and more draw to itself the attention of the public-I mean the subject of the Land Laws.

It is surrounded by so many technicalities, and by so many statutes and decisions of the courts-the law is so difficult even for lawyers to understand; such a vast literature of rubbish has grown up around it; so many thousands of cases have been argued and reported upon its meaning; and lawyers are so unwilling to put their own hands to the work of reform-that it is not wonderful that the most singular mistakes should be made by many public speakers in dealing with this question, and that the real reforms which are needed, should still be wrapped in so much obscurity.

And yet I believe that this subject is capable of a simple and intelligible statement, and that the facts in which the unprofessional public are interested are few and easy of comprehension.

I am, however, almost astonished at myself for venturing on the above statement, when I reflect that I have known the deed of settlement of one estate to require many months for its preparation; to cover nearly a barrow-load of paper when written out preparatory to being engrossed on parchment; and to cost over £400 for the conveyancer's charges

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