« EelmineJätka »
In March 1908 he became a branch manager of the plaintiffs' business, and in 1909 went to the London branch. Upon the the 17th March 1911 the defendant entered into an agreement the prohibitive clause in which was as follows: "Clause 7. In consideration of the agreement hereinbefore contained the employee covenants and agrees with the company, their successors, and assigns that he will not at any time during a period of seven years from the date of his ceasing to be employed by the company, whether under this agreement or otherwise howsoever, either in the United Kingdom of Great Britain or Ireland, carry on either as principal, agent, servant, or otherwise, alone or jointly or in connection with any other person, firm, or company, or be concerned or assist directly or indirectly, whether for reward otherwise, in the sale or manufacture of pulley blocks, hand overhead runways, electric overhead runways, hand overhead travelling cranes, or any part thereof, or be concerned or assist as aforesaid in any business connected with such sale or manufacture." The defendant left the plaintiffs' employment in 1913. In 1914 he entered the service of V., firm who were the principal competitors of the plaintiffs in the manufacture of pulley blocks, &c. This action was thereupon launched to restrain the defendant from being concerned in the sale or manufacture of pulley blocks in breach of clause 7. For the defendant it was contended that the clause was not binding on him as being unduly in restraint of trade.
Held, that the restrictions sought to be imposed upon the defendant after he left the plaintiff's service were greater than were reasonably necessary to protect the plaintiffs in their business, and, that being so, the defendant was not bound by the covenant.
[Herbert Morris Limited v. Saxelby. Ch. Div. Sargant, J.
Revenue-Estate Duty-Settled real Estate-Trust for Sale-
By an indenture dated the 28th Nov. 1881 freehold hereditaments were granted by M. O'G. upon trust (with consent) for sale and to stand possessed of the proceeds upon the trusts of an indenture of even date by which trusts were declared for such purposes and in such manner as M. O'G. should by deed or will appoint. By her will dated the 25th Oct. 1909 M. O'G. appointed that the trustees of the settlements of 1881 should stand possessed of the hereditaments, property, money, and securities of whatsoever nature, subject to the trusts of the settlements, upon trust to convey, transfer, and pay the same to her trustees, and the testatrix gave and appointed the same and her other estates upon trust for sale, conversion, and investment, and, subject to an annuity charged upon the hereditaments, upon trust to pay to or permit her husband, F. O'G., during his life to receive the rents and income, and after his death the trust estates were to be held in trust in two moieties as in the will mentioned. The residue was given, subject to testamentary expenses, debts, and legacies, to F. O'G. There was a power of postponement of sale of real estate, which sale was not to be made without his consent. F. O'G. was appointed executor. M. O'G. died on the 12th Jan. 1910. The question arose whether estate duty upon the appointed estates was properly payable out of those estates or out of residuary personalty. For the husband Re Hadley; Johnson v. Hadley (100 L. T. Rep.54, 56; (1909) 1 Ch. 20) was relied on; for those interested in remainder Re Lord Grimthorpe; Beckett v. Lord Grimthorpe (99 L. T. Rep. 679; (1908) 2 Ch. 675) was distinguished.
Held, that, as the testatrix could have exercised her power by appointing the estate to herself as land, which, in that event, could not have vested in her executors as such, the estate duty was properly payable out of the real estate in exoneration of residue.
[Re O'Grady; O'Grady v. Wilmot. Ch. Div.: Eve, J. Oct. 29.-Counsel: Maugham, K.C. and Aubrey J. Spencer (for F. H. L. Errington); Edward Clayton, K.C. and AndrewesUthwatt; G. H. Allen. Solicitors: Darley, Cumberland, and Co: Gibson and Weldon, agents for F. W. Romney and Co., Malvern.]
Trade Mark-Application to register
Messrs. Cadbury Brothers were the registered proprietors of the trade mark "Cadbury" in respect of certain goods. In 1914 they applied to the registrar to register them as pro. prietors of this trade mark, also in respect of certain other goods, filing several statutory declarations in support; the application was not opposed. The registrar referred the
matter to the Board of Trade, and the Board of Trade ordered the applicants to bring a motion in the Chancery Division for the matter to be determined, pursuant to the Trade Mark Rules 1906, rr. 39 and 129. A motion was accordingly made for the matter to go into the non-witness list, with leave for the statutory declarations to be used in lieu of affidavit evidence in accordance with the provisions of sect. 49 of the Trade Marks Act 1905. A difficulty arose in that the latter section, together with sects. 12 and 59, only refers to cases by way of appeal, and does not provide for proceedings referred by the Board of Trade as in the present case.
Held, that the question was one within the discretion of the court, and that here the application might be entered in the non-witness list. Held, also, that the filed declarations might be used instead of affidavits, with leave for the Board of Trade, upon notice, to cross-examine such of the deponents as they might desire.
[Re Cadbury Brothers Limited. Ch. Div.: Neville, J. Oct. 23.-Counsel: Sebastian; Austen-Cartmell. Solicitors: Timbrell and Deighton; Solicitor to the Board of Trade.]
KING'S BENCH DIVISION.
County Court-Equity Jurisdiction-Estate not exceeding £500 in
Appeal from the decision of His Honour Judge Gye sitting at the Newport and Ryde County Court. An action was brought by the plaintiff, who was the sister of the defendant, against the latter as executor of his deceased father in which she asked for an administration order in respect of the estate of the deceased, and for the determination of a question which had arisen between herself and the defendant as executor. The question had reference to a sum of £350 which had been handed to the defendant by the testator shortly before his death. The plaintiff alleged that the sum in question had been a loan, in which case it would form part of the estate of the testator, whilst the defendant alleged that the £350 had been given to him. At the trial the defendant took the preliminary objection that the learned judge had no right to entertain the action by reason of the fact that, the estate of the deceased being more than £500, the jurisdiction of the County Court to deal with the matter was ousted in accordance with the provisions of sect. 67 (1) of the County Courts Act 1888. The value of the estate did not appear from the plaintiff's particulars of claim, but from certain affidavits which had been filed in proceedings which took place before the hearing of the act on it might be inferred that the value of the estate exceeded £500, provided that the plaintiff substantiated her claim to the £350 The learrel judge took the view that he had no jurisdiction to try the action and accordingly dismissed it. The plaintiff appealed.
Held, that the decision of the learned judge was wrong; that the proper course was, if it were apparent on the face of the proceedings that the estate exceeded £500, for the learned judge to dismiss the action under sect. 114 of the County Courts Act; but if at the trial it appeared that there was a dispute between the parties as to whether or not the estate exceeded £500, it was the duty of the learned judge, upon evidence given before him, to arrive at a judicial determination of this question, and, if he were satisfied that the estate exceeded £500 in value, to make an order transferring it to the Chancery Division under sect. 68 of the County Courts Act 1888.
[Sunderland v. Glover. K. B. Div.: Coleridge and Shearman,
Insurance (Marine)-Policy-Loss-Alien Enemy Defen lants-
The plaintiffs effected a policy of marine insurance with the defendants, who were a German company, with their head office in Germany. The policy was issued on the 31st July 1913, and the loss occurred at the end of August or the beginning of September. The defendants carried on business in this country through their underwriters and agents, who accepted and settled risks and issued policies for them, the policy in question being so effected. The defendants had complied with the provisions of sect. 274 of the Companies Act 1908 respecting companies established outside the United Kingdom which establish a place of business within the United Kingdom. The policy contained a clause giving jurisdiction to the English courts as fully as if the company were incorporated in England, and authorising the service of process upon its agents here. On a summons to transfer the action to the Commercial Court:
Held, that by the proclamation of the 8th Oct. the defendants were in the position of alien enemies, but their obligation
to pay losses and the rights of suit in respect of such obligation were not suspended, and an order for transfer ought to be made.
[Ingle v. Mannheim Insurance Company. K. B. Div. Com. Ct. : Bailhache, J. Oct. 29.-Counsel: R. A. Wright; Theobald Mathew. Solicitors: Parker, Garrett, and Co.; Walton and Co.]
Solicitor and Client-Principal and Agent-Goods ordered by Solicitor on Behalf of Client-Personal Liability of Solicitor.
Appeal from the decision of His Honour Judge Scully sitting at the Brentford County Court. The plaintiff, a photographer, was asked by the defendant, who was a solicitor, to take some photographs for the purpose of being used in a trial for manslaughter in which the defendant was acting for the accused. At the time of ordering the photographs the defendant asked the plaintiff to make the charges as low as possible as his client was only a poor man. The plaintiff, not having been paid for the photographs, brought an action in the County Court against the defendant to recover the amount due. The learned judge held that the defendant in ordering the photographs was merely acting as agent for his client and was under no personal liability to pay. He therefore non-suited the plaintiff. The plaintiff appealed, and it was contended on his behalf that, the transaction being one of a kind which was usually for cash, the solicitor was personally responsible.
Held, that the transaction was not a cash transaction of such a nature that it would be assumed that a solicitor had no authority to pledge the credit of his client in regard to it and thus render himself personally liable; and that, as the plaintiff was aware that the defendant was ordering the photographs on behalf of his client, the defendant was under no liability to the plaintiff to pay for them.
[Wakefield v. Duckworth and another. K. B. Div.: Coleridge and Shearman, JJ. Oct. 28.-Counsel: Moresby; Wallington. Solicitors: W. Firth; H. C. Duckworth.]
PROBATE, DIVORCE, AND ADMIRALTY DIVISION. DIVORCE BUSINESS.
Summary Jurisdiction (Married Women) Act 1895 (58 & 59 Vict. c. 39)-Summons for Desertion against Husband-Agreement to separate alleged in Evidence-Unstamped Agreement tendered as further Proof-Inadmissibility-Stamp Act 1891 (54 & 55 Vict. c. 39), s. 14 (4)).
Appeal against order of Bakewell Justices. N. F., by a summons alleged that her hushand, A. F., had deserted her. At the hearing on the 17th July 1914, evidence was given on the husband's behalf to show that there could be no desertion on his part as the parties had entered into an agreement to separate. As further proof of this contention an unstamped agreement of separation was tendered in evidence by the husband's solicitor. The justices held the document to be inadmissible, and, having found the desertion proved, made an order for maintenance against the husband. The husband appealed. It was contended that the document was admissible as evidence of the relation in which the parties stood to each other at the time it was signed. Reliance was placed upon the cases of Matheson v. Ross (1849, 2 H. L. Cas. 286) and Birchall v. Bullough (74 L. T. Rep. 27; (1896) 1 Q. B. 325).
Held, that unless the document was properly stamped it was inadmissible in evidence.
[Fengl v. Fengl. P. Div.: Sir S. T. Evans, P. and Bargrave Deane, J. Oct. 27.-Counsel: Inskip, K.C.; Willis. Solicitors: for the husband, Guscotte, Wadham, Tickell, and Co., for Goodwin and Cockerton, Bakewell; for the wife, H. G. Campion, for R. J. Watts, Manchester.]
THE MIDDLESEX HOSPITAL, W.-Prince Alexander of Teck earnestly appeals for New Annual Subscriptions.-[ADVT.]
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SANITARY ASSURANCE.-Before renting or purchasing a house it is advisable to obtain an independent report on the condition of the Drains, Sanitary Fittings, and Water Supply. Moderate fees for Sanitary Inspections on application to the Sanitary Engineering Company, 115, Victoria-street, Westminster. 'Phone 4316 Victoria. Telegrams: "Sanitation," London. [ADVT.]
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Income Tax and Super-tax Practice. By W. E. SNELLING. Sir Isaac Pitman and Sons Limited.
ALTHOUGH this is not an official publication, having no authority from the Board of Inland Revenue, the author's experience in the Inland Revenue Department adds greatly to its value. It is amply sufficient to supply the needs of those who are seeking information on almost any point connected with income-tax practice. The author has applied the substantive and case law to the facts and incidents of current business practice, and has produced a very practical work. The specimen returns will be found specially useful.
A Digest of English Civil Law: Book III, Sections XIIXVII.: Law of Property. By EDWARD JENKS. Butterworth and Co.
THE learned editor of this valuable digest is himself responsible for the new volume just issued, which concludes the subject, Law of Property. The important subject of Choses in Action is dealt with in the earlier pages of the volume. Such few rules as are applicable to all kinds of property indiscriminately will be found stated in sections XV. and XVI. At the end of the book the author delineates the law of Trusts, calling attention to the fact that the trust is a phenomenon practically unique in English law. It is hoped to complete the digest in one further volume which will treat of Family Law and Succession.
The Criminal Justice Administration Act 1914. By NEVILLE
In view of the coming into operation on the 1st Dec. of the
In The War and Suspension of Legal Remedies (E. Ponsonby, Dublin; and Sweet and Maxwell) Mr. Henry Hanna has published a timely book explaining the effect in law of the recent moratory legislation, the Postponement of Payments Act 1914, and the Courts (Emergency Powers) Act 1914. The text of the proclamations, statutes, and rules fully set out in an appendix.
The Finance (1909-10) Act 1910: Cases and Amendments. By F. M. RUSSELL DAVIES. Sweet and Maxwell Limited. MR. RUSSELL DAVIES' object is to chronicle in a convenient form the reported decisions and subsequent statutory amendments as far as the Act is concerned. He has produced a distinctly useful and handy volume very clearly printed.
The Practice and Law of Income Ta. By WILLIAM SANDARS. Butterworth and Co.
ANY aid to the solving of the intricacies of the income tax is welcome to practitioners. Records of its administration are doubly valuable since the practice is much more liberal than the law, which is admittedly full of glaring inconsistencies. Mr. Sandars has done his work carefully and produced a useful volume.
have now brought out a ninth edition of that excellent work Arnould on the Law of Marine Insurance and Average (Stevens and Sons Limited; Sweet and Maxwell Limited). There are two volumes, vol. 1 containing sects. 1 to 627, and vol. 2, sects. 628 to 1285. No new departure has been made from the method of treating the subject adopted in the two former editions, a method which has met with general approval. All the cases decided before the Long Vacation of this year have been cited, and the changes in the law effected by the Marine Insurance (Gambling Policies) Act 1909 have been duly noticed.
Mr. William A. Brend has prepared a fifth edition of Professor Dixon Mann's well-known work Forensic Medicine and Toxicology (Charles Griffin and Co. Limited). The principal change he has made is in the chapter dealing with professional responsibilities and obligations, which he has rewritten and considerably enlarged; but there are several useful additions throughout the work, notably an account of the Mental Deficiency Act, and in the toxicological part an account of the law relating to the sale of poisons.
We have received from Messrs. Stevens and Sons Limited a second edition of Mr. Ernest J. Schuster's book, The Effect of the War and Moratorium on Commercial Transactions. The work has been revised and enlarged owing to the number of statutes, orders, and proclamations issued since the last addition which we noticed last month, five new chapters having been added, and much new matter included in the appendix.
A fifth edition of Sir James Wigram's authoritative work, Extrinsic Evidence in aid of the Interpretation of Wills, by Mr. Charles Percy Sanger, has just been brought out by Messrs. Sweet and Maxwell Limited. The text and authors' notes are reprinted verbatim from the third edition. The modern cases and comments which have been added with footnotes are distinguished by appearing in square brackets
That invaluable annual the "Red Book," the Yearly Practice of the Supreme Court for 1915 has reached us from Messrs. Butterworth and Co., containing the Judicature Acts and Rules from 1873 to 1914 with other statutes and orders relating to the practice of the Supreme Court, with the appellate practice of the House of Lords. It is as formerly, divided into two volumes-though the two can also be had bound together-the first containing rules and orders; the second, statutes and appendices. The editors, Mr. M. Muir Mackenzie and Master T. Willes Chitty, whose practical notes we again welcome, have had the assistance of Messrs. James Wylie and W. Tudor Roberts. Throughout, the work has been revised and brought up-to-date, while a special effort has been made to get rid of all obsolete matter. A special section dealing with the Postponement of Payments Act and its proclamations and the Courts (Emergency Powers) Act and Rules will be found at p. ccccxii. of the first volume.
We have received from Messrs. Sweet and Maxwell Limited and Stevens and Sons Limited The Annual Practice 1915 the White Book-being the thirty-third edition issued of this well-known and excellent work. The present editors are Messrs. J. B. Matthews, K.C., Richard White, and Francis A. Stringer, special sections as heretofore being under the supervision of other editors whose names connected with the particular subjects. The whole book has been carefully and thoroughly revised and brought up to date, and the Courts (Emergency Powers) Act and Rules will be found at p. 1355. The A B C Guide to Practice 1915 by Mr. F. R. P. Stringer, that useful résumé, has now reached its thirteenth edition.
Practitioners can now obtain the Quarterly Noter-up for JulySeptember from the publishers, Messrs. Stevens and Haynes. The compilation is by Mr. J. M. Easton.
The Law Quarterly Review for October (Stevens and Sons Limited) contains the following articles: The Legal and Political Unity of the Empire, by J. H. Morgan; Misfeasance and Nonfeasance in the Liability of Public Authorities, II., by W.
Accrington, Thursday, at 9.30
Blackburn, Tuesday, at 9.30
Blandford, Friday, at 10
Bolton, Wednesday, and Saturday (J.S.), at 9.30
Boston. Friday, at 10
Bourne, Saturday, at 10
Bow, Wednesday, Thursday, and
Bradford (Yorks), Thursday (A.O..
Burton, Wednesday, at 9; Thursday, at 11
Bury, Monday, at 9
Bury St. Edmunds, Monday
Carlisle, Tuesday, at 9.30
Cheadle, Thursday, at 10
Chesterfield, Friday (R. By at
Chippenham, Tuesday, at 10.15
Easingwold, Thursday, at 10
Exeter,* Monday, Wednesday, and
Faringdon, Saturday, at 10
Great Driffield, Monday
Halifax, Friday (R. By), at 10.30
Hungerford, Monday, at 11.15
Ipswich, Wednesday, Thursday (By at 10.30), and Friday (J.S.), Kingston-on-Thames, Tuesday. at
Lambeth, Tuesday (Reg. at 9.30), Wednesday, Thursday, Friday (Reg. at 9.30), and Saturday, at 10.30
Launceston, Wednesday, at 10 Leeds. Monday (J.S. & A.O.), at 11; 10; Tuesday (R. By), at Wednesday, Thursday, and Friday, at 10
Leicester, Wednesday, at 10
Liverpool, Monday (By at 11), Tuesday, Wednesday, Thursday. and Friday (B., A., & W.C.), at
Llanfyllin, Tuesday, at 10
Longton, Tuesday, at 3.30
Mansfield. Friday, at 10
Neath, Wednesday and Thursday
Newport (Mon.), Thursday and
Newport Pagnell, Friday, at 10
Northampton, Tuesday and Wed
nesday, at 10; Friday, at 10.30
Ormskirk. Tuesday, at 10 Oswestry, Thursday, at 10
Oxford, Wednesday (R. By), at 10.30
Pershore.. Thursday, at 10
Pontefract, Tuesday and Wednesday, at 10
Pontypool, Wednesday, at 10.30
day, and Saturday
Poole, Monday, at 10
Portsmouth, Thursday (By at 12),
Reading, Thursday and Friday (R. By at 2), at 10
Ripon, Saturday, at 9.30
Rochdale, Friday (By at 11.30), at 9.30
Rochester, Tuesday, Wednesday. and Thursday, at 9.30
St. Helens. Wednesday
Salford, Monday, Tuesday, Wednesday, and Friday
Salisbury, Thursday, at 10
Seaham Harbour, Monday, at 9.30
Sevenoaks, Monday, at 10
Shaftesbury,. Wednesday, at 10
Shipston-on-Stour, Tuesday, at 10
Southampton, Tuesday (By at 11),
Southmolton, Monday, at 11.30
Spalding, Wednesday, at 10
Spilsby, Thursday, at 10
Stamford, Monday, at 10.45
Stoke, Wednesday, at 9.30
Stone, Monday, at 12.30
Sunderland, Thursday (R. By)
Swindon, Wednesday (By at 11), at
Tadcaster. Wednesday, at 10
Workington, Thursday, at 9.39
*Other sittings are specially fixed if necessary.
On Tuesday next Mr. Justice Avory will open the commission at Warwick, on the Midland Circuit. At the conclusion of the business at this town he will return to London, remaining until Monday, the 30th inst., when he will return to the second part of the circuit at Birmingham, where he will be joined by Mr. Justice Ridley.
Mr. Justice Ridley will open the commission at Stafford, on the
Mr. Justice Bray and Mr. Justice Atkin will on Thursday
The November Sessions at the Central Criminal Court will
The November Sittings at the Mayor's Court will commence on Thursday, the 19th inst., at 10 30.
The following are the judges who have accepted the invitation of the Lord Mayor to attend the banquet at the Guildhall on Monday evening next: The Lord Chief Justice, the Master of the Rolls, Lord Justice Buckley, Lord Justice Kennedy, Sir S. T. Evans, Mr. Justice Warrington, Mr. Justice A. T. Lawrence, Mr. Justice Neville, Mr. Justice Eve, Mr. Justice Horridge, Mr. Justice Rowlatt, and Mr. Justice Sankey.
The Rev. Henry Reginald Gamble will preach at Lincoln's-inn Chapel on Sunday morning next. Service commences at eleven o'clock.
There was neither a grand jury nor a petty jury at the Carnarvonshire Quarter Sessions on the 29th ult., there being no cases for trial.
Mr. John Trevor Cross, of 10, Ninian-road, Cardiff. solicitor, who died on the 28th Aug., aged forty-five, left estate of the gross value of £4895, of which £4614 is net personalty.
Mr. John Musgrave, aged ninety-five, of Wasdale Hall, Cumberland, and of Whitehaven, Cumberland, retired solicitor, formerly solicitor to the Whitehaven, Cleator, and Egremont Railway Company, left estate of the gross value of £136,492.
Lord Bryce will take the chair on Wednesday next, at 5.15 p.m., at University College, Gower-street, W.C, when Mr. J. H. Morgan will deliver the second of the "Rhodes " Lectures, taking for his subject "The Defence of the Empire."
The series of recitals in aid of the British Red Cross Society by Mr. Henry F. Dickens, to which we referred last week, have been so arranged as not to interfere in any way with his professional engagements.
At the four Inns of Court it has been decided to abandon the keeping of Grand Day in Michaelmas Term. It may be assumed that this will apply to all the Grand Days during the continuance
of the war.
The Medico-Legal Society have decided, owing to the war, not to hold their annual dinner which was to have taken place during the present month. The winter session will begin shortly, and four or five, meetings will be held.
On the Bench at the sitting of the Naval Prize Court on the 29th ult. were two well-known international lawyers-M. Fromageot, French representative at the 1908-9 International Naval Conference in London, and Mr. Chandler Anderson, American Counsel of State.
The Master of the Rolls will preside at the next meeting of the Solicitors' Managing Clerks' Association, which will be held in the Old Hall, Lincoln's inn, on Tuesday, the 17th inst, at 7 p.m., when Mr. Dighton N. Pollock will lecture on Restraint of Trade." "Covenants in
The council of Lincoln's-inn has ordered that Belgian and French judges and avocats in England during their stay may use the library and refreshment room of the Inn; that the Common Room Committee be recommended to extend the like privilege to the common room of the Inn; that any Belgian or French judge or avocat must be introduced by a member of the Inn of not less than five years' standing.
Before the Liverpool Branch of the Société Internationale de Philologié Sciences et Beaux-Arts, Mr. R. A. Quilliam lectured upon English Criminal Law Reform." He urged the appointment of more stipendiary magistrates, and the eligibility of solicitors as well as barristers for these positions. Procedure in appeal cases should be simplified, expenses lessened, and security for costs in appeals to quarter sessions abolished.
Several changes in the sittings of the magistrates of the Metropolitan Police Courts took place this week consequent upon the death of Mr. A. C. Plowden. Mr. Plowden is succeeded at Marylebone by Mr. E. W. Garrett, of the West London Police Court, whose place will be taken by the Hon. John de Grey, from Lambeth. Mr. Chester Jones goes from Old-street to Lambeth, and Mr. Wilberforce from the Thames Police Court to Old-street. Mr. H. L. Cancellor, the magistrate last appointed, who has been sitting temporarily at Marylebone, will in future sit at the Thames Court.
The opening meeting of the 1914 1915 session of the Union Society of London was held at the chambers of Mr. W. R. Willson, 3, Plowden-buildings, Temple, on Wednesday evening, the president (Mr. Harry Geen) being in the chair. It was decided to continue the meetings of the society at the above address for the present. The motion before the House was : "That the treatment of alien enemies in this country is not sufficiently drastic." Messrs. Kingham, Gallop, Coram, Edmunds, Baker, Willson, Coley, Morden, Quass. The motion was lost. The subject for next week is “ That international peace is not possible."
The appeal issued by Sir Charles Longmore, K.C.B., president of the Law Society, to the solicitors of England and Wales to assist the British Red Cross Society by subscribing to a fund for the help of the wounded has met with a very generous response and over £2500 has been already subscribed. Would any solicitors who have not yet sent in their subscriptions kindly do so as soon as possible as we believe the fund will be closed at the end of next week? Cheques should be made payable to the Solicitors' Red Cross Fund" and should be sent to the President of the Law Society, Law Society's Hall, Chancery-lane, London, W.C.
It is interesting to recall that Lord Stowell, whose decisions in prize cases have in these days acquired a fresh significance after having had for many years a merely academic value, was an intimate friend of Dr. Johnson and, indeed was named one of the executors of Johnson's will. As Mr., and, later, Dr. Scott, he appears frequently in Boswell's pages. We are there told that on Easter Day 1781, in conversation with Johnson and Boswell, he related that "Blackstone, a sober man, composed his Commentaries with a bottle of port before him; and found his mind invigorated and supported in the fatigue of his great work by a temperate use of it." This anecdote seems not to have pleased Blackstone's relations, and, according to Prior's Life of Malone, Scott wrote to the family to apologise for allowing the story to get into Boswell's work. On another occasion Scott irritated Johnson. This was when, apropos the death of Lord Lichfield, he said to the doctor: "What a pity it is, sir, that you did not follow the law! You might have been Lord Chancellor of Great Britain and attained to the dignity of the peerage; and now the title of Lichfield, your native city, is extinct, you might have had it." Johnson was much agitated. and in an angry tone exclaimed, "Why will you vex me by suggesting this when it is too late? Some of his reminiscences of Johnson, written for incorporation in Croker's much-maligned edition of Boswell, had a curious fate. Sent by Croker to Sir Walter Scott for perusal, they were stolen in transit and never recovered, and Stowell, now an old man, apparently could not be bothered to rewrite his notes. It may be added that the sketch of Lord Stowell which appears in the Dictionary of National Biography is from the pen of the present Lord Sumner, who says of him: As a judge he stands in the front rank with Hale and
Mansfield, and his services to maritime and international law are unsurpassed."
Among the large body of Belgian refugees who responded to the national invitation to become the guests of this country pending the redemption of their own land is a considerable number of Belgian judges, magistrates, avocats, notaires, and other members of the Legal Profession. With a view to ameliorating as far as possible the unhappy condition of these lawyers and to organising the offers of hospitality and assistance of which many of them stand in urgent need, the United Law Society, which, as many of our readers know, was founded in 1864 and has for its leading object the promotion of the interests of both branches of the Legal Profession, has elected a committee consisting of the following gentlemen: -Barristers-at-law: Messrs. Edward S. Cox-Sinclair (chairman), Sidney Ashley, C. P. Blackwell (secretary), Thomas. Hynes, and T. Jameson. Solicitors: Messrs. J. R. Yates (vice-chairman), N. H. Aaron, James Ball, and Guedalla (treasurer). This committee has taken over the work of a small body of lawyers who, under the chairmanship of Mr. Cox-Sinclair, had already been able to render help to their Belgian confrères in more urgent cases. The Bar Council, as well as the four Inns of Court, readily responded to appeals made to them, and much was done in an informal way to utilise the offers of help which were received from all parts of the country. The United Law Society's committee have now made arrangements to carry on and extend the work which has been so successfully initiated. They feel sure that among the members of the Legal Profession in this country there must be many who would be glad to render assistance in such a form as may be practicable to alleviate the needs of their unfortunate Belgian confrères. If so, they would be glad to receive any offers of such hospitality, &c., for homeless lawyer refugees, which may be addressed for the committee to Mr. Sidney Ashley, barrister-atlaw, 57, Broad-street, Bloomsbury, London, W.C.
The "rush for Calais," which has made that town a centre of attention to everyone who is following the course of the war in its various stages, may recall to the student of constitutional history that Calais, which, as everyone knows, was in the possession of England from 1347 till 1558, was a Parliamentary borough which returned two members to the English Parliaments. The representation in the English Parliament in days gone by was not exclusively confined to places within the boundaries of England. In the councils which may be regarded as the predecessors of the Parliaments were magnates summoned from Ireland. One of the signatories to Magna Charta was Henri de Londres, the Archbishop of Dublin, whose effigy finds a place in the chamber of the House of Lords. In the reigns of Edward I, Edward II., and Edward III. Irish representatives were summoned to English Parliaments. Irish representatives were returned to the English House of Commons with a view to the Parliaments of England legislating for Ireland. A remarkable instance of such returns being enforced occurred in 1376, near the end of the reign of Edward III. when this King, failing to obtain money from Ireland, had recourse to a Parliament at Westminster attended by representatives from Ireland, not, however, without protests from some of the electoral bodies which sent them over. The great scheme of Parliamentary reform which had been devised by the Long Parliament was carried into effect by Cromwell, and thirty Irish and thirty Scottish members were summoned to the reformed Parliament which met at Westminster in 1654 and to the succeeding Parliaments of the Commonwealth, but with the Restoration the old constituencies and the old separate constitutions were revived. These instances of constitutional development are of interest as showing that long before the legislative unions of Scotland with England and of Ireland with Great Britain there were indications of not merely the Union, but the Federal idea, in the formation of a basis of settlement between England and places outside the realm of England, but connected with her by the union of the Crowns in one and the same person.
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THERE was an impressive scene at the opening of the Law Courts last week. In the King's Bench Division, the Lord Chief Justice, the Lord Chief Baron, Judges Gibson, Madden, Boyd, Dodd, and Molony entered the court, and the Lord Chief Justice delivered an eloquent eulogy upon the late Lord O'Brien, who had presided over the division for twenty-five years. The Solicitor-General on behalf of the Bar added a few words, and bore testimony to the ability, courtesy, and impartiality with which the late Chief Justice discharged the duties of his high office.
ACCORDING to a return recently presented to the House of Commons, the total amount of public money advanced for housing purposes to urban authorities in Ireland for the past thirty years was £942,244 78. 8d. Of this advance, the total principal outstanding on the 1st April 1914 was £761,919 133. 5d. The amount outstanding is very large, but the fact is explained by most of the loans being recent transactions. Some of the loans are repayable on the principal and interest plan-ie, a fixed instalment of principal half-yearly, together with interest, and the balance outstanding from time to time.
THE Council of the Bar of Ireland propose to adopt rules similar to those made by the Inns of Court in London as to the holding of briefs by counsel on behalf of brethren who have joined Lord Kitchener's army. The feeling upon the subject among the members of both branches of the Profession is unanimous, and not the smallest difficulty will be experienced in carrying out the rules to the very letter. The number of young barristers at present serving is very considerable; indeed, from one circuit alone-the North-west-one-third of its members have enlisted, and these include two-thirds of the men qualified-a very remarkable record indeed. Some of those who have so joined are privates though they were offered commissions. They preferred not to accept the responsibility.
AMONG the temporary measures to be submitted to Parliament when it meets next week will be one to legalise certain proceedings of Irish Poor Law Boards who were called upon at short notice to make provision for refugees from Belgium. In a very large number of cases they cleared out all the inmates and gave them outdoor relief contrary to law, and transferred their patients in hospital to other hospitals so as to afford housing accommodation to these unfortunate people. In every single instance the guardians heartily co-operated with the Local Government Board in carrying out these changes-a fact which well illustrates the popular feeling in Ireland on the question of the war. The Bill to be introduced, and which, of course, will be passed without opposition, will provide that boards of guardians may lawfully take such steps with the assent of the central authority, and that where such steps have been taken before the passing of this Act they shall be deemed to have been within the powers of the guardians.
THE King's Bench Division on the 30th ult. had before it a question of general importance as to what constitutes a disqualification of a member of a committee of a county council in the case of Keefe v. Shaugnessy. Under art. 12 of the schedule to the Application of Enactments Order 1899, a person shall be disqualified for being elected, or chosen, or being a member of any county council who is concerned
by himself or his partner in any bargain or contract entered into with the council or participates by himself or his partner in the profit of any such bargain, or of any work done under the authority of the council." This is a reprint without alteration of sect. 46 of the English Local Government Act 1894, but there is added to the Irish order a provision which is new in the following words: The foregoing provisions of this article shall apply as if any committee of a council or any joint committee partly appointed by a council. were that council." The defendant was a member of the county cɔuncil, and the agricultural committee was comp: sed partly of members of the council and partly of outsiders under sect. 14 of the Agricultural and Technical Instruction (Ireland) Act 1899. Tais committee awarded premiums for cattle breeding, one of which defendant secured, and the contention was that this disqualified him as a member of the county council. He was summoned to petty sessions for acting when disqualified, and the magistrate dismissed the summons, but stated a case for the High Court. The court reserved judgment.
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