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 Rh anxiety and kindness of the Indian women. Some brought her tea made of herbs and roots to quench her burning thirst; others rested in an adjoining room, while one or more watched every word and motion. Her patience under severe suffering was very great. All fear of death was taken away; and when we knelt around her bed in prayer, her fervent "Amen" was often heard, and she evidently joined in spirit while her friends were singing that beautiful and appropriate hymn,

On the morning of Nov. 3d, 1833, her happy soul took wing for that better land where

At her funeral, not only all the Indians, but many of the white inhabitants, from the settlements around attended. It was indeed an occasion of deep sorrow to commit to the silent grave one so young and beloved. Who that ever witnessed such a scene but would pray that this good religion, which had so exalted her, might be extended to all the tribes of the forest, till every Indian


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 10 was made happy by the love of Jesus, which can alone take away the fear of death, so common to the heathen mind, and give them and all their mourning friends a good hope of a joyful resurrection to eternal life?

The Rev. Egerton Ryerson, the first Missionary stationed at the Credit, preached her funeral sermon. Having lived in her house during the whole year, in which he so successfully devoted himself to the spiritual and temporal interests of the Indians, he was well acquainted with her character, and bore ample testimony to her worth.

Thus lived and died the mother of the dear child who will furnish the subject of the following short memoir. Her memory is very dear to the writer, whose sincere desire and prayer to God is, that all the companions and school-fellows she has left behind may try to imitate her bright example, and, following her footsteps, be prepared to meet her again in that bright world of glory, where are gathered from all nations, people, kindred, and tongues, those who fear God and love Jesus Christ.

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 upon the greater part of men of rank and fortune, who avow that they do not practice them, the abhorrence of the common people. Such a clergy, however, while they pay their court in this manner to the higher ranks of life, are very apt to neglect altogether the means of maintaining their influence and authority with the lower. They are listened to, esteemed and respected by their superiors; but before their inferiors they are frequently incapable of defending, effectually and to the conviction of such hearers, their own sober and moderate doctrines against the most ignorant enthusiast who chooses to attack them.

The followers of Zuinglius, or more properly those of Calvin, on the contrary, bestowed upon the people of each parish, whenever the church became vacant, the right of electing their own pastor, and establishing at the same time the most perfect equality among the clergy. The former part of this institution, as long as it remained in vigor, seems to have been productive of nothing but disorder and confusion, and to have tended equally to corrupt the morals both of the clergy and of the people. The latter part seems never to have had any effects but what were perfectly agreeable.

As long as the people of each parish preserved the right of electing their own pastors, they acted almost always under the influence of the clergy, and generally of the most factious and fanatical of the order. The clergy, in order to preserve their influence in those popular elections, became, or affected to become, many of them, fanatics themselves, encouraged fanaticism among the people, and gave the preference almost always to the most fanatical candidate. So small a matter as the appointment of a parish priest occasioned almost always a violent contest, not only in one


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118 telegraphic transfers, &c., always standing as guarantee to the bank for the bona fides of the contracts.

In addition to the European banks, there are upwards of thirty native banks, chief among them being the Yuen Fung Yan, the Soy Kut, the Hong Yue, the Shing Tak, and the Yue Fung. Some of them are substantial concerns, having their own compradores, and capital sums ranging up to two or three lakhs of dollars. Theirs business lies chiefly in receiving money on deposit and in lending money against security of goods. They also conduct a large remittance business between Hongkong, Canton, and the interior of China, where none of the large European banks have agencies; indeed, as far as Chinese business is concerned, they act to a large extent as feeders of the European banks. Like all the other establishments they speculate a little on exchange.

THE CHARTERED BANK.—The distinction of being the oldest established banking institution in the Colony belongs to the Chartered Bank of India, Australia, and China, its Hongkong branch having been founded nearly half a century ago. Its business is that of an exchange bank. The head office is in London, and there are branches in New York, Hamburg, and numerous places in the East. The paid-up capital is £1,200,000, and the reserve liability of the proprietors is £800,000. No less a sum than £1,475,000 has been set aside as a reserve fund, so that the financial soundness of the concern is assured. The manager of the bank is Mr. John Armstrong, who has been in the service of the bank in the East for about twenty-four years. The bank’s premises form part of the handsome row of similar institutions in Queen’s Street Central, and the site on which the building stands is the property of the Corporation.

HONGKONG AND SHANGHAI BANKING CORPORATION.—Largely owing to able management and to the foresight of successive directors, the Hongkong and Shanghai Banking Corporation is to-day the premier bank of the East. Its history is one of extraordinary prosperity, and though at one time heavy losses were encountered, the tide soon became once more favourable, and upon it the Corporation has been carried to its present strong position in the financial world.

The bank was started in 1864 with a paid-up capital of $2,500,000, in 20,000 shares of $125 each, and amongst its founders were men whose names are associated with some of the largest undertakings of the last half century, Business was commenced in 1865, shortly before the opening of the Suez Canal revolutionised the trade of the Far East, and incorporation was granted in 1866. The prosperity anticipated by the shareholders was fully realised for some years ; then came losses, and for 1874 and the first half of 1875 no dividend was paid. In 1876, Mr. Jackson (now Sir Thomas Jackson, Bart.), was appointed chief manager, and from that time onward the progress of the bank has been most marked.

In 1874 the Imperial Chinese Government contracted a loan with the bank of £600,000. Since then the Hongkong and Shanghai Banking Corporation has been the means of placing many Chinese Government loans on the markets, and has also assisted in the flotation of Government loans for Japan and Siam.

Sir Thomas Jackson finally retired from the chief managership in 1902, and was succeeded by Mr. J. R. M. Smith, the present chief manager.

To-day the paid-up capital of the Corporation is $15,000,000. The authorised note issue is $15,000,000. The sterling reserve fund amounts to £1,500,000, which at exchange of 2/- is equal to $15,000,000, invested in sterling securities (mainly Consols standing in the books at 82), and the silver reserve fund to $13,500,000—a total of $28,500,000. The reserve liability of the proprietors is $15,000,000.

The Court of Directors is composed of Mr. G. H. Medhurst (of Messrs. Dodwell & Co., Ltd.), Chairman ; the Hon. Mr. Henry Keswick (of Messrs. Jardine, Matheson & Co., Ltd.), Deputy Chairman ; Messrs. G. Friesland (of Messrs. Melchers & Co.), A. Fuchs (of Messrs. Siemssen & Co.), E. Goetz (of Messrs. Arnhold, Karberg & Co.), C. R. Lenzmann (of Messrs. Carlowitz & Co.), A. J. Raymond (of Messrs. E. D. Sassoon & Co.), E. Shellim (of Messrs. David Sassoon & Co., Ltd.), R. Shewan (of Messrs. Shewan, Tomes & Co.), H. A. W. Slade (of Messrs. Gilman & Co.), and H. E. Tomkins (of Messrs. Reiss & Co.).

Branches and agencies of the bank are established at Amoy, Bangkok, Batavia,


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 parish, but in all the neighboring parishes, who seldom failed to take part in the quarrel. When the parish happened to be situated in a great city, it divided all the inhabitants into two parties; and when that city happened either to constitute itself a little republic, or to be the head and capital of a little republic, as is the case with many of the considerable cities in Switzerland and Holland, every paltry dispute of this kind, over and above exasperating the animosity of all their other factions, threatened to leave behind it both a new schism in the Church and a new faction in the State. In those small republics, therefore, the magistrate very soon found it necessary, for the sake of preserving the public peace, to assume to himself the right of presenting to all vacant benefices. In Scotland, the most extensive country in which this Presbyterian form of church government has ever been established, the rights of patronage were in effect abolished by the act which established Presbytery in the beginning of the reign of William III. That act at least put it in the power of certain classes of people in each parish to purchase, for a very small price, the right of electing their own pastor. The constitution which this act established was allowed to subsist for about two-and-twenty years, but was abolished by the 10th of Queen Anne, chap. 12, on account of the confusions and disorders which this more popular mode of election had almost everywhere occasioned. In so extensive a country as Scotland, however, a tumult in a remote parish was not so likely to give disturbance to government as in a smaller State. The 10th of Queen Anne restored the rights of patronage. But though in Scotland the law gives the benefice without any exception to the person


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 presented by the patron, yet the church requires sometimes (for she has not in this respect been very uniform in her decisions) a certain concurrence of the people before she will confer upon the presentee what is called the cure of souls, or the ecclesiastical jurisdiction in the parish. She sometimes, at least, from an affected concern for the peace of the parish, delays the settlement till this concurrence can be procured. The private tampering of some of the neighboring clergy, sometimes to procure, but more frequently to prevent this concurrence, and the popular arts which they cultivate in order to enable them upon such occasions to tamper more effectually, are perhaps the causes which principally keep up whatever remains of the old fanatical spirit, either in the clergy or in the people of Scotland.

The equality which the Presbyterian form of church government establishes among the clergy, consists, first, in the equality of authority or ecclesiastical jurisdiction; and, secondly, in the equality of benefice. In all Presbyterian churches the equality of authority is perfect; that of benefice is not so. The difference, however, between one benefice and another, is seldom so considerable as commonly to tempt the possessor even of the small one to pay court to his patron, by the vile arts of flattery and assentation, in order to get a better. In all the Presbyterian churches, where the rights of patronage are thoroughly established, it is by nobler and better arts that the established clergy in general endeavor to gain the favor of their superiors; by their learning, by the irreproachable regularity of their life, and by the faithful and diligent discharge of their duty. Their patrons even frequently complain of the independence of their spirit, which


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 they are apt to construe into ingratitude for past favors, but which at worst, perhaps, is seldom any more than that indifference which naturally arises from the consciousness that no further favors of the kind are ever to be expected. There is scarce perhaps to be found anywhere in Europe a more learned, decent, independent and respectable set of men than the greater part of the Presbyterian clergy of Holland, Geneva, Switzerland and Scotland.

Where the church benefices are all nearly equal, none of them can be very great, and this mediocrity of benefice, though it may, no doubt, be carried too far, has, however, some very agreeable effects. Nothing but the most exemplary morals can give dignity to a man of small fortune. The vices of levity and vanity necessarily render him ridiculous, and are, besides, almost as ruinous to him as they are to the common people. In his own conduct, therefore, he is obliged to follow that system of morals which the common people respect the most. He gains their esteem and affection by that plan of life which his own interest and situation would lead him to follow. The common people look upon him with that kindness with which we naturally regard one who approaches somewhat to our own condition, but who, we think, ought to be in a higher. Their kindness naturally provokes his kindness. He becomes careful to instruct them, and attentive to assist and relieve them. He does not even despise the prejudices of people who are disposed to be so favorable to him, and never treats them with those contemptuous and arrogant airs which we so often meet with in the proud dignitaries of opulent and well-endowed churches. The Presbyterian clergy, accordingly, have more influence over the


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 minds of the common people than perhaps the clergy of any other established church. It is accordingly in Presbyterian countries only that we ever find the common people converted, without persecution, completely, and almost to a man, to the established church.

In countries where church benefices are the greater part of them very moderate, a chair in a university is generally a better establishment than a church benefice. The universities have, in this case, the picking and choosing of their members from all the churchmen of the country, who, in every country, constitute by far the most numerous class of men of letters. Where church benefices, on the contrary, are many of them very considerable, the church naturally draws from the universities the greater part of their eminent men of letters; who generally find some patron who does himself honor by procuring them church preferment. In the former situation we are likely to find the universities filled with the most eminent men of letters that are to be found in the country. In the latter we are likely to find few eminent men among them, and those few among the youngest members of the society, who are likely, too, to be drained away from it, before they can have acquired experience and knowledge enough to be of much use to it. It is observed by M. de Voltaire, that Father Porré, a Jesuit of no great eminence in the republic of letters, was the only professor they had ever had in France whose works were worth the reading. In a country which has produced so many eminent men of letters, it must appear somewhat singular that scarce one of them should have been a professor in a university. The famous Cassendi was, in the beginning of his life, a professor in the University of Aix. Upon the first dawning of his genius, it was represented to


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 him, that by going into the church he could easily find a much more quiet and comfortable subsistence, as well as a better situation for pursuing his studies; and he immediately followed the advice. The observation of M. de Voltaire may be applied, I believe, not only to France, but to all other Roman Catholic countries. We very rarely find, in any of them, an eminent man of letters who is a professor in a uinversityuniversity [sic], except, perhaps, in the professions of law and physic; professions from which the church is not so likely to draw them. After the Church of Rome, that of England is by far the richest and best endowed church in Christendom. In England, accordingly, the church is continually draining the universities of all their best and ablest members; and an old college tutor, who is known and distinguished in Europe as an eminent man of letters, is as rarely to be found there as in any Roman Catholic country. In Geneva, on the contrary, in the Protestant cantons of Switzerland, in the Protestant countries of Germany, in Holland, in Scotland, in Sweden, and Denmark, the most eminent men of letters whom those countries have produced, have, not all indeed, but the far greater part of them, been professors in universities. In those countries the universities are continually draining the church of all its most eminent men of letters.

It may, perhaps, be worth while to remark, that, if we except the poets, a few orators, and a few historians, the far greater part of the other eminent men of letters, both of Greece and Rome, appear to have been either public or private teachers; generally either of philosophy or of rhetoric. This remark will be found to hold true from the days of Lysias and Isocrates, of Plato and Aristotle, down to those of Plutarch and Epictetus, of Suetonius and Quin-


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 tilian. To impose upon any man the necessity of teaching, year after year, in any particular branch of science, seems, in reality, to be the most effectual method for rendering him completely master of it himself. By being obliged to go every year over the same ground, if he is good for anything, he necessarily becomes, in a few years, well acquainted with every part of it: and if upon any particular point he should form too hasty an opinion one year, when he comes in the course of his lectures to reconsider the same subject the year thereafter, he is very likely to correct it. As to be a teacher of science is certainly the natural employment of a mere man of letters, so it is likewise, perhaps, the education which is most likely to render him a man of solid learning and knowledge. The mediocrity of church benefices naturally tends to draw the greater part of men of letters, in the country where it takes place, to the employment in which they can be the most useful to the public, and, at the same time, to give them the best education, perhaps, they are capable of receiving. It tends to render their learning both as solid as possible, and as useful as possible. The revenue of every established church, such parts of it excepted as may arise from particular lands or manors, is a branch, it ought to be observed, of the general revenue of the State, which is thus diverted to a purpose very different from the defence of the State. The tithe, for example, is a real land tax, which puts it out of the power of the proprietors of land to contribute so largely toward the defence of the State as they otherwise might be able to do. The rent of land, however, is, according to some, the sole fund, and, according to others, the principal fund, from which, in all great monarchies, the exigencies of the State must be ultimately supplied. The more of this fund


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 that is given to the church, the less, it is evident, can be spared to the State. It may be laid down as a certain maxim, that, all other things being supposed equal, the richer the church, the poorer must necessarily be, either the sovereign on the one hand, or the people on the other; and, in all cases, the less able must the State be to defend itself. In several Protestant countries, particularly in all the Protestant cantons of Switzerland, the revenue which anciently belonged to the Roman Catholic Church, the tithes and church lands, has been found a fund sufficient, not only to afford competent salaries to the established clergy, but to defray, with little or no addition, all the other expenses of the State. The magistrates of the powerful canton of Berne, in particular, have accumulated out of the savings from this fund a very large sum, supposed to amount to several millions, part of which is deposited in a public treasure, and part is placed at interest in what are called the public funds of the different indebted nations of Europe; chiefly in those of France and Great Britain. What may be the amount of the whole expense which the church, either of Berne, or of any other Protestant canton, costs the State, I do not pretend to know. By a very exact account, it appears that, in 1755, the whole revenue of the clergy of the church of Scotland, including their glebe or church lands, and the rent of their manses or dwelling-houses, estimated according to a reasonable valuation, amounted only to £68,514 1s. d. This very moderate revenue affords a decent subsistence to nine hundred and forty-four ministers. The whole expense of the church, including what is occasionally laid out for the building and reparation of churches, and of the manses of ministers, cannot well be supposed to exceed eighty or eighty-five thou-


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 sand pounds a year. The most opulent church in Christendom does not maintain better the uniformity of faith, the fervor of devotion, the spirit of order, regularity, and austere morals in the great body of the people, than this very poorly endowed church of Scotland. All the good effects, both civil and religious, which an established church can be supposed to produce, are produced by it as completely as by any other. The greater part of the Protestant churches of Switzerland, which in general are not better endowed than the church of Scotland, produce those effects in a still higher degree. In the greater part of the Protestants cantons, there is not a single person to be found who does not profess himself to be of the established church. If he professes himself to be of any other, indeed, the law obliges him to leave the canton. But so severe, or rather indeed so oppressive a law, could never have been executed in such free countries, had not the diligence of the clergy beforehand converted to the established church the whole body of the people, with the exception of, perhaps, a few individuals only. In some parts of Switzerland, accordingly, where, from the accidental union of a Protestant and Roman Catholic country, the conversion has not been so complete, both religions are not only tolerated but established by law.

The proper performance of every service seems to require that its pay or recompense should be, as exactly as possible, proportioned to the nature of the service. If any service is very much underpaid, it is very apt to suffer by the meanness and incapacity of the greater part of those who are employed in it. If it is very much overpaid, it is apt to suffer, perhaps, still more by their negligence and idleness. A man of a large revenue, whatever may be his


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 profession, thinks he ought to live like other men of large revenues; and to spend a great part of his time in festivity, in vanity, and in dissipation. But in a clergyman this train of life not only consumes the time which ought to be employed in the duties of his function, but in the eyes of the common people destroys almost entirely that sanctity of character which can alone enable him to perform those duties with proper weight and authority.

and above the expenses necessary for enabling the sovereign to perform his several duties, a certain expense is requisite for the support of his dignity. This expense varies both with the different periods of improvement, and with the different forms of government.

In an opulent and improved society, where all the different orders of people are growing every day more expensive in their houses, in their furniture, in their tables, in their dress, and in their equipage, it cannot well be expected that the sovereign should alone hold out against the fashion. He naturally, therefore, or rather necessarily, becomes more expensive in all those different articles too. His dignity even seems to require that he should become so.

As in point of dignity a monarch is more raised above his subjects than the chief magistrate of any republic is ever supposed to be above his fellow citizens, so a greater expense is necessary for supporting that higher dignity. We naturally expect more splendor in the court of a king than in the mansion-house of a doge or burgomaster.


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 for himself?—because he wants to believe things, and dare not be satisfied with only believing that he ought to believe them?'

She paused, astonished.

'Ah, yes,' he went on, 'I hoped too much! What right had I to expect that you would understand me? What right, still more, to expect that you would stoop, any more than the rest of the world, to speak to me, as if I could become anything better than the wild hog I seem? Oh, yes!—the chrysalis has no butterfly in it, of course!—Stamp on the ugly, motionless thing! And yet—you look so beautiful and good!—are all my dreams to perish, about the Alrunen and prophet-maidens, how they charmed our old fighting, hunting, forefathers into purity and sweet obedience among their Saxon forests? Has woman forgotten her mission—to look at the heart and have mercy, while cold man looks at the act and condemns? Do you, too, like the rest of mankind, think no-belief better than misbelief; and smile on hypocrisy, lip-assent, practical Atheism, sooner than on the unpardonable sin of making a mistake? Will you, like the rest of this wise world, let a man's spirit rot asleep into the pit, if he will only lie quiet and not disturb your smooth respectabilities; but if he dares, in waking, to yawn in an unorthodox manner, knock him on the head at once, and 'break the bruised reed,' and 'quench the smoking flax?' And yet you church-goers have 'renounced the world!

'What do you want, in Heaven's name?' asked Argemone, half terrified.


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'''144  You must not take your wife’s sister as a rival wife and have sexual relations with her while your wife is still alive.

You must not approach a woman to have sexual relations with her during her menstrual period.

You must not lie carnally with your neighbor’s wife and thus defile yourself with her.

You must not give any of your children to be sacrificed to Molech, for you must not profane the name of your God. I am the LORD.

You must not lie with a man as with a woman; that is an abomination.

You must not lie carnally with any animal, thus defiling yourself with it; a woman must not stand before an animal to mate with it; that is a perversion.

Do not defile yourselves by any of these practices, for by all these things the nations I am driving out before you have defiled themselves. Even the land has become defiled, so I am punishing it for its sin, and the land will vomit out its inhabitants.

But you are to keep My statutes and ordinances, and you must not commit any of these abominations—neither your native-born nor the foreigner who lives among you. For the men who were in the land before you committed all these abominations, and the land has become defiled. So if you defile the land, it will vomit you out as it spewed out the nations before you.

Therefore anyone who commits any of these abominations must be cut off from among his people. You must keep My charge not to practice any of the abominable customs that were practiced before you, so that you do not defile yourselves by them. I am the LORD your God.” Commandments for Holiness

Then the LORD said to Moses, “Speak to the whole congregation of Israel and tell them: Be holy because I, the LORD your God, am holy.

Each of you must respect his mother and father, and you must keep My Sabbaths. I am the LORD your God.

Do not turn to idols or make for yourselves molten gods. I am the LORD your God.

When you sacrifice a peace offering to the LORD, you shall offer it for your acceptance. It shall be eaten on the day you sacrifice it, or on the next day; but what remains on the third day must be burned up. If any of it is eaten on the third day, it is tainted and will not be accepted. Whoever eats it will bear his iniquity, for he has profaned what is holy to the LORD. That person must be cut off from his people.

Love Your Neighbor (Romans 13:8–10)

When you reap the harvest of your land, you are not to reap to the very edges of your field or gather the gleanings of your harvest. You must not strip your vineyard bare or gather its fallen grapes. Leave them for the poor and the foreigner. I am the LORD your God.

You must not steal. You must not lie or deceive one another.

You must not swear falsely by My name and so profane the name of your God. I am the LORD.

You must not defraud your neighbor or rob him.

You must not withhold until morning the wages due a hired hand.


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 'I want you to tell me that. Here I am, with youth, health, strength, money, every blessing of life—but one; and I am utterly miserable. I want some one to tell me what I want.'

'Is it not that you want—religion?'

'I see hundreds who have what you call religion, with whom I should scorn to change my irreligion.'

'But, Mr. Smith, are you not—are you not very wicked? They tell me so,' said Argemone, with an effort. 'And is not that the cause of your disease?'

Lancelot laughed.

'No, fairest prophetess, it is the disease itself. 'Why am I what I am, when I know more and more daily what I could be?'—That is the mystery; and my sins are the fruit, and not the root of it. Who will explain that?'

Argemone began,—

'The Church'

'Oh, Miss Lavington,' cried he, impatiently, 'will you, too, send me back to that cold abstraction? I came to you, however presumptuous, for living, human, advice to a living, human, heart; and will you pass off on me that Proteus-dream the Church, which in every man's mouth has a different meaning? In one book, meaning a method of education, only it has never been carried out; in another, a system of polity,—only it has never been realised;—now a set of words written in books, on whose meaning all are divided; now a body of men, who are daily excommunicating each other as heretics and apostates; now a universal idea; now the nar-


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'''Leviticus 19:36 You must not curse the deaf or place a stumbling block before the blind, but you shall fear your God. I am the LORD.

You must not pervert justice; you must not show partiality to the poor or favoritism to the rich; you are to judge your neighbor fairly.

You must not go about spreading slander among your people.

You must not endanger the life of your neighbor. I am the LORD.

You must not harbor hatred against your brother in your heart. Directly rebuke your neighbor, so that you will not incur guilt on account of him. Do not seek revenge or bear a grudge against any of your people, but love your neighbor as yourself. I am the LORD.

Keep My Statutes

You are to keep My statutes. You shall not crossbreed two different kinds of livestock; you shall not sow your fields with two kinds of seed; and you shall not wear clothing made of two kinds of material.

If a man lies carnally with a slave girl promised to another man but who has not been redeemed or given her freedom, there must be due punishment. But they are not to be put to death, because she had not been freed. The man, however, must bring a ram to the entrance to the Tent of Meeting as his guilt offering to the LORD. The priest shall make atonement on his behalf before the LORD with the ram of the guilt offering for the sin he has committed, and he will be forgiven the sin he has committed.

When you enter the land and plant any kind of tree for food, you shall regard the fruit as forbidden. For three years it will be forbidden to you and must not be eaten. In the fourth year all its fruit must be consecrated as a praise offering to the LORD. But in the fifth year you may eat its fruit; thus your harvest will be increased. I am the LORD your God.

You must not eat anything with blood still in it.

You must not practice divination or sorcery.

You must not cut off the hair at the sides of your head or clip off the edges of your beard.

You must not make any cuts in your bodies for the dead or put tattoo marks on yourselves. I am the LORD.

You must not defile your daughter by making her a prostitute, or the land will be prostituted and filled with depravity.

You must keep My Sabbaths and have reverence for My sanctuary. I am the LORD.

You must not turn to mediums or spiritists; do not seek them out, or you will be defiled by them. I am the LORD your God.

You are to rise in the presence of the elderly, honor the aged, and fear your God. I am the LORD.

When a foreigner resides with you in your land, you must not oppress him. You must treat the foreigner living among you as native-born and love him as yourself, for you were foreigners in the land of Egypt. I am the LORD your God.

You must not use dishonest measures of length, weight, or volume. You shall maintain honest scales and weights, an honest ephah, and an honest hin. I am the LORD


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'''146 your God, who brought you out of the land of Egypt.

You must keep all My statutes and all My ordinances and follow them. I am the LORD.” Punishments for Disobedience (Leviticus 26:14–39; Deuteronomy 28:15–68)

Then the LORD said to Moses, “Tell the Israelites, ‘Any Israelite or foreigner living in Israel who gives any of his children to Molech must be put to death. The people of the land are to stone him. And I will set My face against that man and cut him off from his people, because by giving his offspring to Molech, he has defiled My sanctuary and profaned My holy name.

And if the people of the land ever hide their eyes and fail to put to death the man who gives one of his children to Molech, then I will set My face against that man and his family and cut off from among their people both him and all who follow him in prostituting themselves with Molech.

Whoever turns to mediums or spiritists to prostitute himself with them, I will also set My face against that person and cut him off from his people.

Consecrate yourselves, therefore, and be holy, because I am the LORD your God. And you shall keep My statutes and practice them. I am the LORD who sanctifies you.

If anyone curses his father or mother, he must be put to death. He has cursed his father or mother; his blood shall be upon him.

Punishments for Sexual Immorality (Proverbs 5:1–23; 1 Corinthians 5:1–8)

If a man commits adultery with another man’s wife—with the wife of his neighbor—both the adulterer and the adulteress must surely be put to death.

If a man lies with his father’s wife, he has uncovered his father’s nakedness. Both must surely be put to death; their blood is upon them.

If a man lies with his daughter-in-law, both must surely be put to death. They have acted perversely; their blood is upon them.

If a man lies with a man as with a woman, they have both committed an abomination. They must surely be put to death; their blood is upon them.

If a man marries both a woman and her mother, it is depraved. Both he and they must be burned in the fire, so that there will be no depravity among you.

If a man lies carnally with an animal, he must be put to death. And you are also to kill the animal.

If a woman approaches any animal to mate with it, you must kill both the woman and the animal. They must surely be put to death; their blood is upon them.

If a man marries his sister, whether the daughter of his father or of his mother, and they have sexual relations, it is a disgrace. They must be cut off in the sight of their people. He has uncovered the nakedness of his sister; he shall bear his iniquity.

If a man lies with a menstruating woman and has sexual relations with her, he has exposed the source of her flow, and she has uncovered the source of her blood. Both of them must be cut off from among their people.

You must not have sexual relations with the sister of your mother or your father, for it is


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'''Leviticus 21:17 exposing one’s own kin; both shall bear their iniquity.

If a man lies with his uncle’s wife, he has uncovered the nakedness of his uncle. They will bear their sin; they shall die childless.

If a man marries his brother’s wife, it is an act of impurity. He has uncovered the nakedness of his brother; they shall be childless.

Distinguish between Clean and Unclean

You are therefore to keep all My statutes and ordinances, so that the land where I am bringing you to live will not vomit you out. You must not follow the statutes of the nations I am driving out before you. Because they did all these things, I abhorred them.

But I have told you that you will inherit their land, since I will give it to you as an inheritance—a land flowing with milk and honey. I am the LORD your God, who has set you apart from the peoples.

You are therefore to distinguish between clean and unclean animals and birds. Do not become contaminated by any animal or bird, or by anything that crawls on the ground; I have set these apart as unclean for you. You are to be holy to Me because I, the LORD, am holy, and I have set you apart from the nations to be My own.

A man or a woman who is a medium or spiritist must surely be put to death. They shall be stoned; their blood is upon them.’” Holiness Required of Priests

Then the LORD said to Moses, “Speak to Aaron’s sons, the priests, and tell them that a priest is not to defile himself for a dead person among his people, except for his immediate family—his mother, father, son, daughter, or brother, or his unmarried sister who is near to him, since she has no husband. He is not to defile himself for those related to him by marriage, and so profane himself.

Priests must not make bald spots on their heads, shave off the edges of their beards, or make cuts in their bodies. They must be holy to their God and not profane the name of their God. Because they present to the LORD the offerings made by fire, the food of their God, they must be holy.

A priest must not marry a woman defiled by prostitution or divorced by her husband, for the priest is holy to his God. You are to regard him as holy, since he presents the food of your God. He shall be holy to you, because I the LORD am holy—I who set you apart. If a priest’s daughter defiles herself by prostituting herself, she profanes her father; she must be burned in the fire.

The priest who is highest among his brothers, who has had the anointing oil poured on his head and has been ordained to wear the priestly garments, must not let his hair hang loose or tear his garments. He must not go near any dead body; he must not defile himself, even for his father or mother. He must not leave or desecrate the sanctuary of his God, for the consecration of the anointing oil of his God is on him. I am the LORD.

The woman he marries must be a virgin. He is not to marry a widow, a divorced woman, or one defiled by prostitution. He is to marry a virgin from his own people, so that he does not defile his offspring among his people, for I am the LORD who sanctifies him.”

Restrictions against Those with Blemishes

Then the LORD said to Moses, “Say to Aaron, ‘For the generations to come, none of your descendants who has a physical defect may approach to offer the food of his God.


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'''148  No man who has any defect may approach—no man who is blind, lame, disfigured, or deformed; no man who has a broken foot or hand, or who is a hunchback or dwarf, or who has an eye defect, a festering rash, scabs, or a crushed testicle.

No descendant of Aaron the priest who has a defect shall approach to present the offerings made by fire to the LORD. Since he has a defect, he is not to come near to offer the food of his God. He may eat the most holy food of his God as well as the holy food, but because he has a defect, he must not go near the veil or approach the altar, so as not to desecrate My sanctuaries. For I am the LORD who sanctifies them.’”

Moses told this to Aaron and his sons and to all the Israelites. Restrictions against the Unclean

Then the LORD said to Moses, “Tell Aaron and his sons to treat with respect the sacred offerings that the Israelites have consecrated to Me, so that they do not profane My holy name. I am the LORD.

Tell them that for the generations to come, if any of their descendants in a state of uncleanness approaches the sacred offerings that the Israelites consecrate to the LORD, that person must be cut off from My presence. I am the LORD.

If a descendant of Aaron has a skin disease or a discharge, he may not eat the sacred offerings until he is clean. Whoever touches anything defiled by a corpse or by a man who has an emission of semen, or whoever touches a crawling creature or a person that makes him unclean, whatever the uncleanness may be— the man who touches any of these will remain unclean until evening. He must not eat from the sacred offerings unless he has bathed himself with water.

When the sun has set, he will become clean, and then he may eat from the sacred offerings, for they are his food. He must not eat anything found dead or torn by wild animals, which would make him unclean. I am the LORD. The priests must keep My charge, lest they bear the guilt and die because they profane it. I am the LORD who sanctifies them.

No one outside a priest’s family may eat the sacred offering, nor may the guest of a priest or his hired hand eat it. But if a priest buys a slave with his own money, or if a slave is born in his household, that slave may eat his food.

If the priest’s daughter is married to a man other than a priest, she is not to eat of the sacred contributions. But if a priest’s daughter with no children becomes widowed or divorced and returns to her father’s house, she may share her father’s food as in her youth. But no outsider may share it.

If anyone eats a sacred offering in error, he must add a fifth to its value and give the sacred offering to the priest. The priests must not profane the sacred offerings that the Israelites present to the LORD by allowing the people to eat the sacred offerings and thus to bear the punishment for guilt. For I am the LORD who sanctifies them.”

Worthy Offerings

Then the LORD said to Moses, “Speak to Aaron and his sons and all the Israelites and tell them, ‘Any man of the house of Israel or any foreign resident who presents a gift for a burnt offering to the LORD, whether to fulfill a vow or as a freewill offering, must offer an unblemished male from the cattle, sheep, or


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D.H. Overmyer Co. v. Frick Co.

After a corporation (Overmyer) had defaulted in its payments for equipment manufactured and being installed by respondent company (Frick) and Overmyer under a post-contract arrangement had made a partial cash payment and issued an installment note for the balance, Frick completed the work, which Overmyer accepted as satisfactory. Thereafter Overmyer again asked for relief and, with counsel for both corporations participating in the negotiations, the first note was replaced with a second, which contained a "cognovit" provision in conformity with Ohio law at that time whereby Overmyer consented in advance, should it default in interest or principal payments, to Frick's obtaining a judgment without notice or hearing, and issued certain second mortgages in Frick's favor, Frick agreeing to release three mechanic's liens, to reduce the monthly payment amounts and interest rate, and to extend the time for final payment. When Overmyer, claiming a contract breach, stopped making payments on the new note, Frick, under the cognovit provision, through an attorney unknown to but on behalf of Overmyer, and without personal service on or prior notice to Overmyer, caused judgment to be entered on the note. Overmyer's motion to vacate the judgment was overruled after a post-judgment hearing, and the judgment court's decision was affirmed on appeal against Overmyer's contention that the cognovit procedure violated due process requirements.

Held: Overmyer, for consideration and with full awareness of the legal consequences, waived its rights to prejudgment notice and hearing, and on the facts of this case, which involved contractual arrangements between two corporations acting with advice of counsel, the procedure under the cognovit clause (which is not unconstitutional per se) did not violate Overmyer's Fourteenth Amendment rights. Pp. 182-185.

Affirmed.

BLACKMUN, J., delivered the opinion of the Court, in which all Members joined except POWELL and REHNQUIST, JJ., who took no part in the consideration or decision of this case. DOUGLAS, J., filed a concurring opinion, in which MARSHALL, J., joined, post, p. 188.

Russell Morton Brown argued the cause and filed a brief for petitioners.

Gregory M. Harvey argued the cause for respondent. With him on the brief was James M. Tuschman.

Franklin A. Martens filed a brief for the Ohio State Legal Services Assn. et al. as amici curiae urging reversal.

title: D.H. Overmyer Co. v. Frick Co.


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Page:Bostock v. Clayton County (2020).pdf/75

38 decide for the defendants in Oncale, it would have been necessary to carve out an exception to the statutory text. Here, no such surgery is at issue. Even if we totally disregard the societal norms of 1964, the text of Title VII does not support the Court’s holding. And the reasoning of Oncale does not preclude or counsel against our taking those norms into account. They are relevant, not for the purpose of creating an exception to the terms of the statute, but for the purpose of better appreciating how those terms would have been understood at the time.

The Court argues that two other decisions—Phillips v. Martin Marietta Corp., 400 U. S. 542 (1971) (per curiam), and Los Angeles Dept. of Water and Power v. Manhart, 435 U. S. 702 (1978)—buttress its decision, but those cases merely held that Title VII prohibits employer conduct that plainly constitutes discrimination because of biological sex. In Philips, the employer treated women with young children less favorably than men with young children. In Manhart, the employer required women to make larger pension contributions than men. It is hard to see how these holdings assist the Court.

The Court extracts three “lessons” from Phillips, Manhart, and Oncale, but none sheds any light on the question before us. The first lesson is that “it’s irrelevant what an employer might call its discriminatory practice, how others might label it, or what else might motivate it.” Ante, at 14. This lesson is obviously true but proves nothing. As to the label attached to a practice, has anyone ever thought that the application of a law to a person’s conduct depends on how it is labeled? Could a bank robber escape conviction by saying he was engaged in asset enhancement? So if an employer discriminates because of sex, the employer is liable no matter what it calls its conduct, but if the employer’s


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'''Leviticus 23:11 goats in order for it to be accepted on your behalf. You must not present anything with a defect, because it will not be accepted on your behalf.

When a man presents a peace offering to the LORD from the herd or flock to fulfill a vow or as a freewill offering, it must be without blemish or defect to be acceptable. You are not to present to the LORD any animal that is blind, injured, or maimed, or anything with a running sore, a festering rash, or a scab; you must not put any of these on the altar as an offering made by fire to the LORD.

You may present as a freewill offering an ox or sheep that has a deformed or stunted limb, but it is not acceptable in fulfillment of a vow. You are not to present to the LORD an animal whose testicles are bruised, crushed, torn, or cut; you are not to sacrifice them in your land. Neither you nor a foreigner shall present food to your God from any such animal. They will not be accepted on your behalf, because they are deformed and flawed.’”

Then the LORD said to Moses, “When an ox, a sheep, or a goat is born, it must remain with its mother for seven days. From the eighth day on, it will be acceptable as an offering made by fire to the LORD. But you must not slaughter an ox or a sheep on the same day as its young.

When you sacrifice a thank offering to the LORD, offer it so that it may be acceptable on your behalf. It must be eaten that same day. Do not leave any of it until morning. I am the LORD.

You are to keep My commandments and practice them. I am the LORD. You must not profane My holy name. I must be acknowledged as holy among the Israelites. I am the LORD who sanctifies you, who brought you out of the land of Egypt to be your God. I am the LORD.” Feasts and Sabbaths (Exodus 23:14–19)

Then the LORD said to Moses, “Speak to the Israelites and say to them, ‘These are My appointed feasts, the feasts of the LORD that you are to proclaim as sacred assemblies.

For six days work may be done, but the seventh day is a Sabbath of complete rest, a day of sacred assembly. You must not do any work; wherever you live, it is a Sabbath to the LORD.

Passover and the Feast of Unleavened Bread (Exodus 12:14–28; Numbers 28:16–25; Deuteronomy 16:1–8)

These are the LORD’s appointed feasts, the sacred assemblies you are to proclaim at their appointed times. The Passover to the LORD begins at twilight on the fourteenth day of the first month. On the fifteenth day of the same month begins the Feast of Unleavened Bread to the LORD. For seven days you must eat unleavened bread. On the first day you are to hold a sacred assembly; you are not to do any regular work. For seven days you are to present an offering made by fire to the LORD. On the seventh day there shall be a sacred assembly; you must not do any regular work.’”

The Feast of Firstfruits

And the LORD said to Moses, “Speak to the Israelites and say, ‘When you enter the land that I am giving you and you reap its harvest, you are to bring to the priest a sheaf of the firstfruits of your harvest. And he shall


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Rh conduct is not sex discrimination, the statute does not apply. Thus, this lesson simply takes us back to the question whether discrimination because of sexual orientation or gender identity is a form of discrimination because of biological sex. For reasons already discussed, see Part I–A, supra, it is not.

It likewise proves nothing of relevance here to note that an employer cannot escape liability by showing that discrimination on a prohibited ground was not its sole motivation. So long as a prohibited ground was a motivating factor, the existence of other motivating factors does not defeat liability.

The Court makes much of the argument that “[i]n Phillips, the employer could have accurately spoken of its policy as one based on ‘motherhood. Ante, at 14; see also ante, at 16. But motherhood, by definition, is a condition that can be experienced only by women, so a policy that distinguishes between motherhood and parenthood is necessarily a policy that draws a sex-based distinction. There was sex discrimination in Phillips, because women with children were treated disadvantageously compared to men with children.

Lesson number two—“the plaintiff’s sex need not be the sole or primary cause of the employer’s adverse action,” ante, at 14—is similarly unhelpful. The standard of causation in these cases is whether sex is necessarily a “motivating factor” when an employer discriminates on the basis of sexual orientation or gender identity. 42 U. S. C. §2000e–2(m). But the essential question—whether discrimination because of sexual orientation or gender identity constitutes sex discrimination—would be the same no matter what causation standard applied. The Court’s extensive discussion of causation standards is so much smoke.

Lesson number three—“an employer cannot escape liability by demonstrating that it treats males and females comparably as groups,” ante, at 15, is also irrelevant. There


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 Rh

native village of dear Elizabeth is beautifully situated about sixteen miles from Toronto, the seat of government in Upper Canada. The road from thence to this peaceful Indian settlement opens to the eye of the traveller a diversified scene of land and water, hill and dale, the cultivated farm, and the native forest.

On the left spread the expansive waters of the lake Ontario, now bearing on its magnificent bosom the stately steam-boat, on which formerly the birch-bark canoe of the hardy Indian was only seen to glide. To the right interminable woods form a fine back-ground to a country partially cultivated and settled.

From the undulations of the road the distant prospect is sometimes entirely obscured, and the tall dark pines throw around their deep shadows, giving a sense of loneliness and a tone of pensive feeling. Glimpses are caught and lost at intervals of the beautiful lake, when suddenly it opens


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 12 before you in unobscured loveliness, which may be enjoyed for some distance as you journey along its wooded banks. Within the distance of a few miles you cross over the rivers Humber, Mimico, and Etobecoke, till you reach the long bridge thrown over the river Credit; then turning to the right, the lake stretching in the distance behind, you are conducted through park-like scenery to the peaceful spot where God has been pleased to plant a small Christian church, gathered from the wilderness, to show forth his praise.

This little village possesses many local advantages. It is situated on the high and healthy banks of a fine river, whose beautiful flowing waters, well supplied with fish, wind their undisturbed way through scenery of grand and romantic loveliness, which at once elevate the mind, and fascinate the imagination, of those who have a keen relish for nature's beauties. This village consists of about forty houses; some of these are called log, others frame; each surrounded by half an acre of land, in which the Indians plant every year either potatoes, peas, or Indian corn. In the centre stands, on one side the chapel and school-house, on the other the Mission-house; near which is reserved a lovely spot just on the brow of a sloping bank, sacred to the memory of the dead. In this hallowed enclosure lie slum-


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Page:JT International SA v Commonwealth of Australia.pdf/107

Crennan J

Subject to exceptions in some jurisdictions for specialist tobacco retailers, legislation in each State and Territory now prohibits the display and advertising of tobacco products at retail premises, except by way of signage prescribed by regulations.

Such restrictions have the effect that all traders in the retail tobacco trade depend on the verbal, aural and allusive features, and any inherent or acquired distinctiveness, of their brand names in order to distinguish their goods from those of others in the course of retail trade. It must be noted that registered trade marks which are composite marks containing no word or brand name cannot be applied to retail packaging under the provisions of the Packaging Act. Further, visual distinctions between brand names have been minimised by the provisions of the Packaging Act requiring packaging to appear generic. Nevertheless, the visual, verbal, aural and allusive distinctiveness, and any inherent or acquired distinctiveness, of a brand name can continue to affect retail consumers despite the physical restrictions on the appearance of brand names imposed by the Packaging Act. It was noted in the Agreed Facts in the BAT proceedings that, since July 2010, "hundreds of millions of packets of Winfield branded cigarettes" using the Winfield get-up and "tens of millions of packets of Dunhill branded cigarettes" using the patent and registered design have been sold in Australia.

Although the plaintiffs wished to emphasise that the Packaging Act prohibits them from using their registered trade marks, as registered, on retail packaging, it was not suggested by the plaintiffs that their tobacco products were ordered by consumers in the retail trade without reference to their brand names; it was not suggested that relevant goodwill was not significantly attached to their brand names; and it was not suggested that the brand names in the composite marks, as registered, would be insignificant in any opposition or infringement proceedings under the Trade Marks Act or in any action for passing off.


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 Rh bering, till the morning of the resurrection, many little known on earth, but whose names are doubtless registered in heaven. With those of a host of tender lambs, is now numbered that of Elizabeth Jones, the last of five lovely children, all taken in early life, from a world of sin and suffering to their heavenly Father's better home; where, clothed in white, with palms of victory in their hands, they are uniting with their sainted mother in singing, "Worthy is the Lamb that was slain to receive power, and riches, and wisdom, and strength, and honour, and glory, and blessing."

Elizabeth Jones, whose Indian name was Sahgahjewaqua, which means "the rising sun," was born on June 29th, 1830. From infancy she evinced a mild temper; and as her young mind gradually expanded, it was delightful to observe a fine generous disposition united to strong affection, which secured the confidence and love of all who knew her. For some time after her mother's death, I was in the habit of seeing her every day. She would frequently ask when her mother would come home from the meeting. Being ignorant of what death meant, she thought, as this was the place she most frequented, that she was gone there; and sometimes it was no easy task to wipe the tear, and quell the sorrows of her little bosom,


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Page:The Privacy and Electronic Communications (EC Directive) Regulations 2003 (UKSI 2003-2426 qp).pdf/4

 Confidentiality of communications

6.—(1) Subject to paragraph (4), a person shall not use an electronic communications network to store information, or to gain access to information stored, in the terminal equipment of a subscriber or user unless the requirements of paragraph (2) are met.

(2) The requirements are that the subscriber or user of that terminal equipment—
 * (a) is provided with clear and comprehensive information about the purposes of the storage of, or access to, that information; and
 * (b) is given the opportunity to refuse the storage of or access to that information.

(3) Where an electronic communications network is used by the same person to store or access information in the terminal equipment of a subscriber or user on more than one occasion, it is sufficient for the purposes of this regulation that the requirements of paragraph (2) are met in respect of the initial use.

(4) Paragraph (1) shall not apply to the technical storage of, or access to, information—
 * (a) for the sole purpose of carrying out or facilitating the transmission of a communication over an electronic communications network; or
 * (b) where such storage or access is strictly necessary for the provision of an information society service requested by the subscriber or user.

Restrictions on the processing of certain traffic data

7.—(1) Subject to paragraphs (2) and (3), traffic data relating to subscribers or users which are processed and stored by a public communications provider shall, when no longer required for the purpose of the transmission of a communication, be—
 * (a) erased;
 * (b) in the case of an individual, modified so that they cease to constitute personal data of that subscriber or user; or
 * (c) in the case of a corporate subscriber, modified so that they cease to be data that would be personal data if that subscriber was an individual.

(2) Traffic data held by a public communications provider for purposes connected with the payment of charges by a subscriber or in respect of interconnection payments may be processed and stored by that provider until the time specified in paragraph (5).

(3) Traffic data relating to a subscriber or user may be processed and stored by a provider of a public electronic communications service if—
 * (a) such processing and storage are for the purpose of marketing electronic communications services, or for the provision of value added services to that subscriber or user; and
 * (b) the subscriber or user to whom the traffic data relate has given his consent to such processing or storage; and
 * (c) such processing and storage are undertaken only for the duration necessary for the purposes specified in subparagraph (a).

(4) Where a user or subscriber has given his consent in accordance with paragraph (3), he shall be able to withdraw it at any time.

(5) The time referred to in paragraph (2) is the end of the period during which legal proceedings may be brought in respect of payments due or alleged to be due or, where such proceedings are brought within that period, the time when those proceedings are finally determined.

(6) Legal proceedings shall not be taken to be finally determined—
 * (a) until the conclusion of the ordinary period during which an appeal may be brought by either party (excluding any possibility of an extension of that period, whether by order of a court or otherwise), if no appeal is brought within that period; or
 * (b) if an appeal is brought, until the conclusion of that appeal.

4


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40 is no dispute that discrimination against an individual employee based on that person’s sex cannot be justified on the ground that the employer’s treatment of the average employee of that sex is at least as favorable as its treatment of the average employee of the opposite sex. Nor does it matter if an employer discriminates against only a subset of men or women, where the same subset of the opposite sex is treated differently, as in Phillips. That is not the issue here. An employer who discriminates equally on the basis of sexual orientation or gender identity applies the same criterion to every affected individual regardless of sex. See Part I–A, supra.

Because the opinion of the Court flies a textualist flag, I have taken pains to show that it cannot be defended on textualist grounds. But even if the Court’s textualist argument were stronger, that would not explain today’s decision. Many Justices of this Court, both past and present, have not espoused or practiced a method of statutory interpretation that is limited to the analysis of statutory text. Instead, when there is ambiguity in the terms of a statute, they have found it appropriate to look to other evidence of “congressional intent,” including legislative history.

So, why in these cases are congressional intent and the legislative history of Title VII totally ignored? Any assessment of congressional intent or legislative history seriously undermines the Court’s interpretation.

As the Court explained in ''General Elec. Co. v. Gilbert'', 429 U. S. 125, 143 (1976), the legislative history of Title VII’s prohibition of sex discrimination is brief, but it is nevertheless revealing. The prohibition of sex discrimination was “added to Title VII at the last minute on the floor of the


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 14 by telling her that her dear mother was gone to live with God in heaven. Her affection for her only remaining parent was most beautiful: she clung to him, as a child always should to a tender father, with the most confiding love. I could often fancy as she sat on his knee that she held him tight as if afraid he would leave her too. Whenever he appeared dull, she would kiss him, and show him some of her playthings, thinking thus to dissipate the sorrows of his heart. Dear children, I wish all who read this little book would try and imitate Elizabeth Jones, and by their affectionate attentions to their parents, show how much they love them.

Although from the time I first knew this dear child, I had seen much in her to love and admire, it was not till she became a resident in our family, in October, 1836, that I discovered those peculiar traits in her character which made her so especially dear to our hearts. Never shall we forget her readiness to do any kind action. Her tender manner when we were not quite well was remarkable. She would move gently about the room, and perform all the little offices of a nurse as far as she was capable. Often would she say, "Aunt, when I am a woman, I will make tea for you, and help you a great deal." Although so young, she was very observing, and took great


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 (7) References in paragraph (6) to an appeal include references to an application for permission to appeal.

Further provisions relating to the processing of traffic data under regulation 7

8.—(1) Processing of traffic data in accordance with regulation 7(2) or (3) shall not be undertaken by a public communications provider unless the subscriber or user to whom the data relate has been provided with information regarding the types of traffic data which are to be processed and the duration of such processing and, in the case of processing in accordance with regulation 7(3), he has been provided with that information before his consent has been obtained.

(2) Processing of traffic data in accordance with regulation 7 shall be restricted to what is required for the purposes of one or more of the activities listed in paragraph (3) and shall be carried out only by the public communications provider or by a person acting under his authority.

(3) The activities referred to in paragraph (2) are activities relating to—
 * (a) the management of billing or traffic;
 * (b) customer enquiries;
 * (c) the prevention or detection of fraud;
 * (d) the marketing of electronic communications services; or
 * (e) the provision of a value added service.

(4) Nothing in these Regulations shall prevent the furnishing of traffic data to a person who is a competent authority for the purposes of any provision relating to the settling of disputes (by way of legal proceedings or otherwise) which is contained in, or made by virtue of, any enactment.

Itemised billing and privacy

9.—(1) At the request of a subscriber, a provider of a public electronic communications service shall provide that subscriber with bills that are not itemised.

(2) OFCOM shall have a duty, when exercising their functions under Chapter 1 of Part 2 of the Communications Act 2003, to have regard to the need to reconcile the rights of subscribers receiving itemised bills with the rights to privacy of calling users and called subscribers, including the need for sufficient alternative privacy-enhancing methods of communications or payments to be available to such users and subscribers.

Prevention of calling line identification–outgoing calls

10.—(1) This regulation applies, subject to regulations 15 and 16, to outgoing calls where a facility enabling the presentation of calling line identification is available.

(2) The provider of a public electronic communications service shall provide users originating a call by means of that service with a simple means to prevent presentation of the identity of the calling line on the connected line as respects that call.

(3) The provider of a public electronic communications service shall provide subscribers to the service, as respects their line and all calls originating from that line, with a simple means of preventing presentation of the identity of that subscriber’s line on any connected line.

(4) The measures to be provided under paragraphs (2) and (3) shall be provided free of charge.

Prevention of calling or connected line identification–incoming calls

11.—(1) This regulation applies to incoming calls.

(2) Where a facility enabling the presentation of calling line identification is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means to prevent, free of charge for reasonable use of the facility, presentation of the identity of the calling line on the connected line. 5


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 (3) Where a facility enabling the presentation of calling line identification prior to the call being established is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means of rejecting incoming calls where the presentation of the calling line identification has been prevented by the calling user or subscriber.

(4) Where a facility enabling the presentation of connected line identification is available, the provider of a public electronic communications service shall provide the called subscriber with a simple means to prevent, without charge, presentation of the identity of the connected line on any calling line.

(5) In this regulation “called subscriber” means the subscriber receiving a call by means of the service in question whose line is the called line (whether or not it is also the connected line).

Publication of information for the purposes of regulations 10 and 11

12. Where a provider of a public electronic communications service provides facilities for calling or connected line identification, he shall provide information to the public regarding the availability of such facilities, including information regarding the options to be made available for the purposes of regulations 10 and 11.

Co-operation of communications providers for the purposes of regulations 10 and 11

13. For the purposes of regulations 10 and 11, a communications provider shall comply with any reasonable requests made by the provider of the public electronic communications service by means of which facilities for calling or connected line identification are provided.

Restrictions on the processing of location data

14.—(1) This regulation shall not apply to the processing of traffic data.

(2) Location data relating to a user or subscriber of a public electronic communications network or a public electronic communications service may only be processed—
 * (a) where that user or subscriber cannot be identified from such data; or
 * (b) where necessary for the provision of a value added service, with the consent of that user or subscriber.

(3) Prior to obtaining the consent of the user or subscriber under paragraph (2)(b), the public communications provider in question must provide the following information to the user or subscriber to whom the data relate—
 * (a) the types of location data that will be processed;
 * (b) the purposes and duration of the processing of those data; and
 * (c) whether the data will be transmitted to a third party for the purpose of providing the value added service.

(4) A user or subscriber who has given his consent to the processing of data under paragraph (2)(b) shall—
 * (a) be able to withdraw such consent at any time, and
 * (b) in respect of each connection to the public electronic communications network in question or each transmission of a communication, be given the opportunity to withdraw such consent, using a simple means and free of charge.

(5) Processing of location data in accordance with this regulation shall—
 * (a) only be carried out by—
 * (i) the public communications provider in question;
 * (ii) the third party providing the value added service in question; or
 * (iii) a person acting under the authority of a person falling within (i) or (ii); and

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Crennan J

An action for passing off protects any goodwill and reputation in product get-up. In a passing off action in respect of get-up, a plaintiff must show not only goodwill and reputation in the product get-up, but also a representation by a defendant to the public leading to actual deception or the probability of deception, and actual damage or the likelihood of damage. If the features used in product get-up are in common use in a particular trade, a plaintiff may have difficulty in a passing off action in proving the distinctiveness of the get-up. A brand name used in association with product get-up is likely to be a feature upon which customers rely, especially if the get-up combines features in common use in the trade with a distinctive brand name. "Distinctiveness" does not mean eye-catching – the test for distinctiveness is the function the get-up actually serves, rather than how well it is adapted to serve it. It was not suggested by the plaintiffs that the brand names associated with their product get-up would play a negligible role in any action for passing off.

The "reality of proprietorship" of the plaintiffs as registered owners of composite trade marks is that, used alone, albeit in the manner restricted by the Packaging Act, the brand names "Winfield", "Dunhill", "Camel" and "Old Holborn" are capable of discharging the core function of a trade mark – distinguishing the registered owner's goods from those of another, thereby attracting and maintaining goodwill. Sections 20(3) and 28(1), (2) and (3)(c) of the Packaging Act provide that a use of a brand name, as restricted by the Packaging Act, is to be treated as use of a trade mark, as registered, or as use of a trade mark, the subject of an application for registration. Whilst potential assignees and licensees of registered trade marks may value, even highly, the advertising function of a trade mark, or associated product get-up, an exclusive


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 :(b) where the processing is carried out for the purposes of the provision of a value added service, be restricted to what is necessary for those purposes.

Tracing of malicious or nuisance calls

15.—(1) A communications provider may override anything done to prevent the presentation of the identity of a calling line where—
 * (a) a subscriber has requested the tracing of malicious or nuisance calls received on his line; and
 * (b) the provider is satisfied that such action is necessary and expedient for the purposes of tracing such calls.

(2) Any term of a contract for the provision of public electronic communications services which relates to such prevention shall have effect subject to the provisions of paragraph (1).

(3) Nothing in these Regulations shall prevent a communications provider, for the purposes of any action relating to the tracing of malicious or nuisance calls, from storing and making available to a person with a legitimate interest data containing the identity of a calling subscriber which were obtained while paragraph (1) applied.

Emergency calls

16.—(1) For the purposes of this regulation, “emergency calls” means calls to either the national emergency call number 999 or the single European emergency call number 112.

(2) In order to facilitate responses to emergency calls—
 * (a) all such calls shall be excluded from the requirements of regulation 10;
 * (b) no person shall be entitled to prevent the presentation on the connected line of the identity of the calling line; and
 * (c) the restriction on the processing of location data under regulation 14(2) shall be disregarded.

Termination of automatic call forwarding

17.—(1) Where—
 * (a) calls originally directed to another line are being automatically forwarded to a subscriber’s line as a result of action taken by a third party, and
 * (b) the subscriber requests his provider of electronic communications services (“the subscriber’s provider”) to stop the forwarding of those calls, the subscriber’s provider shall ensure, free of charge, that the forwarding is stopped without any avoidable delay.

(2) For the purposes of paragraph (1), every other communications provider shall comply with any reasonable requests made by the subscriber’s provider to assist in the prevention of that forwarding.

Directories of subscribers

18.—(1) This regulation applies in relation to a directory of subscribers, whether in printed or electronic form, which is made available to members of the public or a section of the public, including by means of a directory enquiry service.

(2) The personal data of an individual subscriber shall not be included in a directory unless that subscriber has, free of charge, been—
 * (a) informed by the collector of the personal data of the purposes of the directory in which his personal data are to be included, and

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 :(b) given the opportunity to determine whether such of his personal data as are considered relevant by the producer of the directory should be included in the directory.

(3) Where personal data of an individual subscriber are to be included in a directory with facilities which enable users of that directory to obtain access to that data solely on the basis of a telephone number—
 * (a) the information to be provided under paragraph (2)(a) shall include information about those facilities; and
 * (b) for the purposes of paragraph (2)(b), the express consent of the subscriber to the inclusion of his data in a directory with such facilities must be obtained.

(4) Data relating to a corporate subscriber shall not be included in a directory where that subscriber has advised the producer of the directory that it does not want its data to be included in that directory.

(5) Where the data of an individual subscriber have been included in a directory, that subscriber shall, without charge, be able to verify, correct or withdraw those data at any time.

(6) Where a request has been made under paragraph (5) for data to be withdrawn from or corrected in a directory, that request shall be treated as having no application in relation to an edition of a directory that was produced before the producer of the directory received the request.

(7) For the purposes of paragraph (6), an edition of a directory which is revised after it was first produced shall be treated as a new edition.

(8) In this regulation, “telephone number” has the same meaning as in section 56(5) of the Communications Act 2003(a) but does not include any number which is used as an internet domain name, an internet address or an address or identifier incorporating either an internet domain name or an internet address, including an electronic mail address.

Use of automated calling systems

19.—(1) A person shall neither transmit, nor instigate the transmission of, communications comprising recorded matter for direct marketing purposes by means of an automated calling system except in the circumstances referred to in paragraph (2).

(2) Those circumstances are where the called line is that of a subscriber who has previously notified the caller that for the time being he consents to such communications being sent by, or at the instigation of, the caller on that line.

(3) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(4) For the purposes of this regulation, an automated calling system is a system which is capable of—
 * (a) automatically initiating a sequence of calls to more than one destination in accordance with instructions stored in that system; and
 * (b) transmitting sounds which are not live speech for reception by persons at some or all of the destinations so called.

Use of facsimile machines for direct marketing purposes

20.—(1) A person shall neither transmit, nor instigate the transmission of, unsolicited communications for direct marketing purposes by means of a facsimile machine where the called line is that of—
 * (a) an individual subscriber, except in the circumstances referred to in paragraph (2);
 * (b) a corporate subscriber who has previously notified the caller that such communications should not be sent on that line; or

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Rh House of Representatives,” Meritor Savings Bank, 477 U. S., at 63, by Representative Howard Smith, the Chairman of the Rules Committee. See 110 Cong. Rec. 2577 (1964). Representative Smith had been an ardent opponent of the civil rights bill, and it has been suggested that he added the prohibition against discrimination on the basis of “sex” as a poison pill. See, e.g., Ulane v. Eastern Airlines, Inc., 742 F. 2d 1081, 1085 (CA7 1984). On this theory, Representative Smith thought that prohibiting employment discrimination against women would be unacceptable to Members who might have otherwise voted in favor of the bill and that the addition of this prohibition might bring about the bill’s defeat. But if Representative Smith had been looking for a poison pill, prohibiting discrimination on the basis of sexual orientation or gender identity would have been far more potent. However, neither Representative Smith nor any other Member said one word about the possibility that the prohibition of sex discrimination might have that meaning. Instead, all the debate concerned discrimination on the basis of biological sex. See 110 Cong. Rec. 2577–2584.

Representative Smith’s motivations are contested, 883 F. 3d, at 139–140 (Lynch, J., dissenting), but whatever they


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 :(c) a subscriber and the number allocated to that line is listed in the register kept under regulation 25.

(2) The circumstances referred to in paragraph (1)(a) are that the individual subscriber has previously notified the caller that he consents for the time being to such communications being sent by, or at the instigation of, the caller.

(3) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(4) A person shall not be held to have contravened paragraph (1)(c) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the communication is made.

(5) Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 25 has notified a caller that he does not, for the time being, object to such communications being sent on that line by that caller, such communications may be sent by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.

(6) Where a subscriber has given a caller notification pursuant to paragraph (5) in relation to a line of his—
 * (a) the subscriber shall be free to withdraw that notification at any time, and
 * (b) where such notification is withdrawn, the caller shall not send such communications on that line.

(7) The provisions of this regulation are without prejudice to the provisions of regulation 19.

Unsolicited calls for direct marketing purposes

21.—(1) A person shall neither use, nor instigate the use of, a public electronic communications service for the purposes of making unsolicited calls for direct marketing purposes where—
 * (a) the called line is that of a subscriber who has previously notified the caller that such calls should not for the time being be made on that line; or
 * (b) the number allocated to a subscriber in respect of the called line is one listed in the register kept under regulation 26.

(2) A subscriber shall not permit his line to be used in contravention of paragraph (1).

(3) A person shall not be held to have contravened paragraph (1)(b) where the number allocated to the called line has been listed on the register for less than 28 days preceding that on which the call is made.

(4) Where a subscriber who has caused a number allocated to a line of his to be listed in the register kept under regulation 26 has notified a caller that he does not, for the time being, object to such calls being made on that line by that caller, such calls may be made by that caller on that line, notwithstanding that the number allocated to that line is listed in the said register.

(5) Where a subscriber has given a caller notification pursuant to paragraph (4) in relation to a line of his—
 * (a) the subscriber shall be free to withdraw that notification at any time, and
 * (b) where such notification is withdrawn, the caller shall not make such calls on that line.

Use of electronic mail for direct marketing purposes

22.—(1) This regulation applies to the transmission of unsolicited communications by means of electronic mail to individual subscribers.

(2) Except in the circumstances referred to in paragraph (3), a person shall neither transmit, nor instigate the transmission of, unsolicited communications for the purposes of direct marketing by means of electronic mail unless the recipient of the electronic mail has previously notified the sender that he consents for the time being to such communications being sent by, or at the instigation of, the sender. 9


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 (3) A person may send or instigate the sending of electronic mail for the purposes of direct marketing where—
 * (a) that person has obtained the contact details of the recipient of that electronic mail in the course of the sale or negotiations for the sale of a product or service to that recipient;
 * (b) the direct marketing is in respect of that person’s similar products and services only; and
 * (c) the recipient has been given a simple means of refusing (free of charge except for the costs of the transmission of the refusal) the use of his contact details for the purposes of such direct marketing, at the time that the details were initially collected, and, where he did not initially refuse the use of the details, at the time of each subsequent communication.

(4) A subscriber shall not permit his line to be used in contravention of paragraph (2).

Use of electronic mail for direct marketing purposes where the identity or address of the sender is concealed

23. A person shall neither transmit, nor instigate the transmission of, a communication for the purposes of direct marketing by means of electronic mail—
 * (a) where the identity of the person on whose behalf the communication has been sent has been disguised or concealed; or
 * (b) where a valid address to which the recipient of the communication may send a request that such communications cease has not been provided.

Information to be provided for the purposes of regulations 19, 20 and 21

24.—(1) Where a public electronic communications service is used for the transmission of a communication for direct marketing purposes the person using, or instigating the use of, the service shall ensure that the following information is provided with that communication—
 * (a) in relation to a communication to which regulations 19 (automated calling systems) and 20 (facsimile machines) apply, the particulars mentioned in paragraph (2)(a) and (b);
 * (b) in relation to a communication to which regulation 21 (telephone calls) applies, the particulars mentioned in paragraph (2)(a) and, if the recipient of the call so requests, those mentioned in paragraph (2)(b).

(2) The particulars referred to in paragraph (1) are—
 * (a) the name of the person;
 * (b) either the address of the person or a telephone number on which he can be reached free of charge.

Register to be kept for the purposes of regulation 20

25.—(1) For the purposes of regulation 20 OFCOM shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to subscribers, in respect of particular lines, who have notified them (notwithstanding, in the case of individual subscribers, that they enjoy the benefit of regulation 20(1)(a) and (2)) that they do not for the time being wish to receive unsolicited communications for direct marketing purposes by means of facsimile machine on the lines in question.

(2) OFCOM shall remove a number from the register maintained under paragraph (1) where they have reason to believe that it has ceased to be allocated to the subscriber by whom they were notified pursuant to paragraph (1).

(3) On the request of—
 * (a) a person wishing to send, or instigate the sending of, such communications as are mentioned in paragraph (1), or
 * (b) a subscriber wishing to permit the use of his line for the sending of such communications,

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 for information derived from the register kept under paragraph (1), OFCOM shall, unless it is not reasonably practicable so to do, on the payment to them of such fee as is, subject to paragraph (4), required by them, make the information requested available to that person or that subscriber.

(4) For the purposes of paragraph (3) OFCOM may require different fees—
 * (a) for making available information derived from the register in different forms or manners, or
 * (b) for making available information derived from the whole or from different parts of the register,

but the fees required by them shall be ones in relation to which the Secretary of State has notified OFCOM that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by OFCOM in discharging their duties under paragraphs (1), (2) and (3).

(5) The functions of OFCOM under paragraphs (1), (2) and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on their behalf by some other person in pursuance of arrangements made by OFCOM with that other person.

Register to be kept for the purposes of regulation 21

26.—(1) For the purposes of regulation 21 OFCOM shall maintain and keep up-to-date, in printed or electronic form, a register of the numbers allocated to individual subscribers, in respect of particular lines, who have notified them that they do not for the time being wish to receive unsolicited calls for direct marketing purposes on the lines in question.

(2) OFCOM shall remove a number from the register maintained under paragraph (1) where they have reason to believe that it has ceased to be allocated to the subscriber by whom they were notified pursuant to paragraph (1).

(3) On the request of—
 * (a) a person wishing to make, or instigate the making of, such calls as are mentioned in paragraph (1), or
 * (b) a subscriber wishing to permit the use of his line for the making of such calls,

for information derived from the register kept under paragraph (1), OFCOM shall, unless it is not reasonably practicable so to do, on the payment to them of such fee as is, subject to paragraph (4), required by them, make the information requested available to that person or that subscriber.

(4) For the purposes of paragraph (3) OFCOM may require different fees—
 * (a) for making available information derived from the register in different forms or manners, or
 * (b) for making available information derived from the whole or from different parts of the register,

but the fees required by them shall be ones in relation to which the Secretary of State has notified OFCOM that he is satisfied that they are designed to secure, as nearly as may be and taking one year with another, that the aggregate fees received, or reasonably expected to be received, equal the costs incurred, or reasonably expected to be incurred, by OFCOM in discharging their duties under paragraphs (1), (2) and (3).

(5) The functions of OFCOM under paragraphs (1), (2) and (3), other than the function of determining the fees to be required for the purposes of paragraph (3), may be discharged on their behalf by some other person in pursuance of arrangements made by OFCOM with that other person. 11