Dr. Lushington gave judgment on Saturday in the famous case
of the Kirwee prize, and the judgment is so important that we analyze it elsewhere. Substantially it amounts to a declaration that constructive capture can only be affirmed of a force which actually assists the captors, except in the case of a Commander- in-Chief. He is always held to be present, because no independ- ence of him can be pleaded. Consequently " Whitlock's force" get all the money, say 700,0001., subject to the share of Lord Clyde and his staff—the greatest haul ever made in India since the pagoda tree was cut down.