(6) Any powers of selling, managing, or otherwise dealing with property which may be given to the custodian by any order made under Section 4 of the Act may from time to time be revoked, suspended, varied, increased, added to, or otherwise dealt with as the Court or a judge shall from time to time think fit on application made either under liberty reserved by the original order or otherwise.

2. On any application under Section 4 the applicant must file an affidavit or affidavits for the purpose of showing

(a) that the enemy, whose property is proposed to be dealt with, is an enemy;

(b) the nature and extent of the property in which the enemy is alleged to be interested;

(c) any special ground on which it is expedient that the property should be vested in the custodian; and

(d) in cases where the applicant is not the custodian or a Government Department, the facts showing that the applicant is a creditor of the enemy or otherwise entitled to apply under Section 4.

3.-(1) Any subsequent application with regard to any property comprised in any originating summons under Section 4 or vested in the custodian may be made by ordinary summons entitled in the same matters as the originating summons.

(2) In cases where any party has already appeared by a solicitor any such ordinary summons may be served on that solicitor or in case of a change of solicitors on the solicitor last appearing for that party although no general appearance in the matter has been entered.

(3) Every subsequent application not made by the custodian shall be served on him unless the Court shall in any case or class of case otherwise order.

4.-(1) Any application under Section 5 (2) of the Act for payment out of property vested in the custodian of any debt or debts shall, if made to the Court or Judge by whose order the property was vested in the custodian, be made and dealt with as follows:

(2) The application shall be deemed a subsequent application for the purpose of the last preceding Rule.

(3) The Court or Judge may on the hearing of the application direct all such accounts and inquiries as may be necessary or proper for the purpose of ascertaining the total debts and claims having priority to or ranking with the debt or debts proposed to be paid in whole or part, and (if thought fit) the property available for the payment of such debts and claims, and may for that purpose direct the custodian or any party to issue such advertisements and require such proof by statutory declaration or otherwise as may be expedient. And the custodian may, if he think fit, carry out the duties imposed on him by the proviso to Section 5 (2) under the direction of the Court.

(4) In directing any payment or payments under Section 5 (2) the Court or Judge shall act in accordance with the ordinary rules and practice of the Chancery Division of the High Court in the administration of estates, but so nevertheless that the Court shall not be bound to inquire into or take into account or to cause the custodian to inquire into or take into account debts and claims against the enemy to any greater extent than provided for by the proviso to Section 5 (2).

5.-(1.) Any application under Section 5 (2) of the Act for payment out of property vested in the custodian of any debt or debts shall, if made to a Court in which judgment has been recovered against an enemy as such Court, be made and dealt with to and by that Court as follows:

(2) It shall be made by summons in the proceeding in which judgment has been recovered.

(3) Such summons shall be addressed to and served on the custodian in addition to any other proper party and shall be returnable and heard as the Court in question shall direct.

(4) If on the hearing of a summons under this rule it shall happen either that the custodian makes no objection to making the payment or some part thereof or if it shall otherwise appear clear to the Court that the payment or some part thereof ought to be made and can be made without prejudice to other persons owning debts or claims against the enemy in question then and in either of the said cases the Court may make an order for payment accordingly but so nevertheless as not to predjudice or affect the duty of the custodian under the proviso to Section 5 (2).

(5) In any other case than those provided for by the last preceding sub-rule and also in any case thereby provided for where a partial payment only has been ordered, the Court in which judgment has been recovered shall not as such Court order any payment or any further payment as the case may be, but may and in general shall transfer the application to be dealt with by the Court or judge by whose order the property was vested in he custodian.

6. Any application under this Act, whether original, subsequent, or other may be proceeded with, heard and dealt with by the Court or a judge if thought fit in the absence of an enemy or any other party who may be or appear to be abroad, or whose whereabouts may not be known, or whose presence may otherwise be difficult to secure, and without service of any summons or notice of summons on any such party, or any intimation to such party other than such, if any, as the Court shall think fit. And this sub-rule shall be in addition to and by way of extension and enlargement of the ordinary powers and practice of the Court as to proceedings ex parte and as to substituted service.

7. The Court may at any stage of the proceedings on any application under Section 4 or Section 5 order that the case shall thenceforward be heard in private.

8. Any order made under Section 4 or Section 5 of these Rules may, should subsequent circumstances render it just so to do, be suspended, discharged, or otherwise varied or altered by the Court which made such order.

9. The following fees shall be payable under these rules, that is to say

On any summons, whether original or subsequent, 2s. 6d. Provided that the Court may remit or excuse either in whole or part any court fees paid or payable under this Rule.

10. The proceedings on any application under the Act shall so far as not otherwise provided for by these Rules be conducted in accordance with the ordinary practice dealing with similar matters of the Court to which application is made. And the costs of all, and incidental to all, such proceedings shall be in the discretion of the Court.

11. In the case of any property within the jurisdiction of a palatinate Court any original application which would under the foregoing Rules be made to the Chancery Division may if the applicant think fit be made to the palatinate Court and if so made any subsequent proceedings shall also take place in that Court and the foregoing rules shall mutatis mutandis apply to any such original and subsequent proceedings.

11A. These Rules may be cited as The Trading with the Enemy (Vesting and Application of Property) Rules, 1915, and shall come into operation forthwith.

In the matter of the Trading with the Enemy Amendment Act, 1914.

And in the matter of A. B. an Enemy within the Act. Let A. B. of a person alleged to be an enemy within the above Act, and the Public Trustee of the custodian for England and Wales under the above Act, attend at the chambers of Mr. Justice at the time specified in the margin hereof [or on the o'clock in the

19

day of at noon] on the hearing of an application of C. D. of who claims to be a creditor of the said A. B. [or to be entitled to recover damages against the said A. B., or to be interested in the property hereinafter referred to belonging to or held or managed for or on behalf of the said A. B.] that the under-mentioned real or personal property or rights in or arising out of real or personal property may vest in the said custodian and that there may be conferred on him such powers of selling managing and otherwise dealing with the property as may seem proper.

The following constitutes the real or personal property or rights to which this summons refers, namely [here give short description].

NOTE.-It will not be necessary for you to enter an appearance in the Central Office, but if you do not attend either in person or by your solicitor at the time and place above mentioned [or named in the endorsement hereon], such order will be made and proceedings taken as the Judge may think just and expedient.

Dated the 11th of January, 1915.

(Signed)

HALDANE, C.

The expression "suspecting presentee" means any company, municipal authority, or other body or person to whom during the continuance of the present war a coupon or other security transferable by delivery is presented for payment, and who has reason to suspect that it is so presented on behalf of the benefit of an enemy, or that since the commencement of the present war it has been held by or for the benefit of an enemy. The expression "suspected coupons" means any coupon or coupons or other security or securities transferable by delivery, or batch of such coupons or securities that may during the currency of the present war be presented for payment to a suspecting presentee.

The expression "suspected enemy" means the enemy on whose behalf or for whose benefit the suspected coupons are suspected of being presented or, as the case may be, by whom or for the benefit of whom they are suspected of having been held since the commencement of the present war. 2. Where a suspecting presentee desires under Section 7 of the Act to make a payment into Court of money due in respect of suspected coupons, he shall make and file in the Chancery Division of the High Court an affidavit intituled in the matter of the suspected coupons (described so as to be distinguishable so far as may be) and in the matter of the Act, and setting forth or indicating either in the affidavit itself or in one or more exhibits thereto :

(a) Short particulars of the suspected coupons with names, numbers, dates, and amounts for the purpose of the identification thereof, so far as reasonably practicable.

(b) The name, so far as known, of the party actually presenting the suspected coupons, and his place of residence to the best of the suspecting presentee's knowledge and belief.

(c) The circumstances producing suspicion in the mind of the suspecting presentee, and the name of the suspected enemy and his place of residence to the best of the suspecting presentee's knowledge and belief.

(d) The submission of the suspecting presentee to answer all such inquiries relating to the application of the money paid into Court as the Court or a Judge may make or direct.

(e) The place where the suspecting presentee is to be served with any petition summons or order or notice of any proceeding relating to the money paid in.

3. On making any payment into Court as aforesaid, the suspecting presentee shall forthwith proceed to give, so far as may be, notice thereof by prepaid letter through the post to the party actually presenting the suspected coupons and to the suspected enemy or to some person thought likely to be in communication with the suspected enemy.

4-(1) No petition or summons relating to the money paid in shall be answered or issued unless the petitioner or applicant has named therein a place where he may be served with any petition or notice of any proceeding or order relating to the money paid in or any income thereof.

(2) Service shall be made or such other notice or intimation given as the Court or a Judge shall direct on or to such persons (if any) as the Court or a Judge shall direct of any application in respect of the money paid in or any income thereof: Provided that (by way of extension of the powers and practice of the Court) the Court or a Judge may if thought fit proceed in the absence of any such service, notice, or intimation on or to any enemy (including the suspected enemy) or other person who may be or appear to be abroad, or whose whereabouts may not be known.

(3) Applications to deal with money paid into Court under the Act shall be intituled in the same manner as the affidavit on which the money was paid in.

5. Money paid in under Section 7 of the Act and these Rules may, on the request of the suspecting presentee when paying in or on any subsequent application, be placed on deposit or invested in any securities available for the investment of cash under the control of the Court.

6. The proceedings and practice with reference to moneys paid into Court under Section 7 of the Act and the dealings therewith shall, so far as not otherwise provided for by these Rules, be in accordance with the ordinary practice of the Chancery Division with reference to moneys paid into Court on affidavit under Section 42 of the Trustee Relief Act, 1893.

66

7. These Rules may be cited as The Trading with the Enemy (Suspected Coupons) Rules, 1915," and shall come into force forthwith.

Dated the 11th of January, 1915

To surrender at the High Court of Justice, in Bankruptcy. BARNES, WILLIAM JOHN (trading as W. Barnes and Son), late Pavilionrd, Chelsea, coach builder. Jan. 6. SHIFFERBLATT, PHILLIP, Goodge-st. Jan. 4.

To surrender at their respective District Courts. ARLINGTON, GEORGE HARWOOD ASTLEY, Alveston, farmer. Ct. Warwick. Jan. 1. BRINSFORD, WALTER JOSEPH, Cheltenham, late lodging-house keeper. Ct. Cheltenham. Jan, 5.

BROWN, JOSEPH ALBERT, Burton-on-Trent, fruiterer. Ct. Burton-on-Trent. Jan. 5.

CHURCH, ALFRED JOHN, Tottenham, wholesale confectioner. Ct. Edmon

upon-Hull. Jan. 4.

DIGGLE, SAMUFL, Radcliffe, butcher. Ct. Bolton. Jan. 4.
GOLDING, GEORGE R., Liverpool, accountant. Ct. Liverpool. Jan. 5,
HOLLEBON, ARTHUR DAVID HENRY. Eastbourne, furniture dealer. Ct.
Eastbourne and Lewes. Jan. 5.

HUMMEL, EDWARD JAMES, New Sawley, lacemaker. Ct. Derby and Long
Eaton. Jan. 4.

JONES, ROBERT EDWARD, Hengoed builder. Ct. Wrexham and Llangollen.
Jan. 1.

KINDEN, WILLIAM RICHARD, Rugby, tailor. Ct. Coventry. Jan. 6.
LOCAN, JAMES, Salford, builder. Ct. Salford. Jan. 5.

LLOYD, HENRY, Bishopston, wheelwright. Ct. Swansea, Jan. 6.
OWEN, EDWARD, Martletwy, farmer. Ct. Pembroke Dock. Jan. 6.
SMITH, GEORGE, Kirkburton, greengrocer. Ct. Huddersfield. Jan. 4.
SMITH, JOHN JOSEPH, Oldham, minder in a cotton mill. Ct. Oldham.
Jan. 5.

STANCLIFFE, SAM, Delph, coal dealer. Ct. Oldham. Jan. 4.

THOMPSON, WALTER, and THOMPSON, ALBERT, Batley, carting agents. Ct. Dewsbury, Jan. 4.

WOOD, FRANK, Oldbury, farmer. Ct. West Bromwich. Jan. 6.

Amended notice substituted for that published in Gazette, Jan. 1. REEVE, ARTHUR HARRISON, late Willoughby, coal merchant. Ct. Coventry. Dec. 30, 1914.

Amended notice substituted for that published in Gazette, Jan. 5. OWEN, WILLIAM, Warrington, general merchant. Ct. Warrington. Dec. 31, 1914.

GAZETTE, JAN. 12.

To surrender at the High Court of Justice, in Bankruptcy. ABRAHAMS, ISAAC, late Wilcox-rd, Lambeth, hosier. Jan. 7. BERKOVSKY, DAVIS. Commercial-id East, ladies' tailor. Jan. 7. FELBER, M., St. Mark's-sq. Dalston, furrier. Jan. 8. WRAY, ROMULUS PAUL (trading as Henry Esmond and Co.), Gray's-innrd, mechanical engineer. Jan. 7.

To surrender at their respective District Courts. CARTER, JOHN, Littleover, farmer. Ct. Derby and Long Eaton.

Jan. 7

C. H. SENIOR AND Co., Manchester, manufacturers of coloured goods. Ct. Manchester, Jan. 8.

GRAY, GEORGE HENRY, Boston, baker. Ct. Boston. Jan. 7. GREEN, JOHN WILLIAM, Portsmouth, retired farmer. Ct. Portsmouth. Jan. 7. HARDING, FREDERICK WILLIAM MATTHEW (described in the petition and trading as Frederick William Harding), Seaford, builder. Ct. Lewes and Eastbourne. Jan. 7.

HIBBERD, WILLIAM EDNEY, Bournemouth, butcher. Ct. Poole. Jan. 8. HUTCHINGS, ALBERT ASIA, late Hornchurch, builder. Ct. Chelmsford. Jan. 7.

IRVING, JOHN, Willesborough. Ct. Canterbury. Jan. 9.

LODER, CHARLES RICHARD, Parkstone, proprietor of a home for mental patients. Ct. Poole. Jan. 8.

MALLAM. PAUL PHILLIPS, Wisbech, schoolmaster. Ct. King's Lynn.

Jan. 8.

MASON, JOHN HENRY, Pickering, grocer. Ct. Scarborough. Jan. 7. NICOLLS, OLIVER HENRY ATKINS, Bath, retired major-general in the army Ct. Bath. Jan. 8.

NORTHROP ALEXANDER SAMUEL, Leeds, taxi-cab proprietor. Ct. Leeds. Jan. 6.

PAGE, ALICE SARAH, Lowestoft, late dressmaker, spinster. Ct. Great Yarmouth. Jan. 9.

PAINE, HERBERT, Worthing, engineer. Ct. Brighton. Jan. 8.
PALMER, GEORGE RUSSELL, late Sutton Scotney, general salesman. Ct.
Winchester. Jan. 8.

ROLFE, HARRY, Henley-on-Thames, nurseryman.
SMITH, CHARLES HENRY, Matlock, nurseryman..

Eaton. Jan. 7.

Ct. Reading. Jan. 7.

Ct. Derby and Long

SMITH, TIMOTHY (late trading as Smith and Co.), Withernsea. late grocer. Ct. Kingston-upon-Hull." Jan. 9.

THOMAS, SAMUEL FREDERICK, Box, farmer. Ct. Bath. Jan. 8. TRANTER, ARTHUR (trading as Jones Brothers and Tranter). Droitwich, builder. Ct. Worcester. Jan. 5.

WADSWORTH, ARTHUR, Lees, drug store proprietor. Ct. Oldham. Jan. 8. WILSON, ALFRED EDWARD (trading as A. and F. Wilson), Parkstone,

builder. Ct. Poole. Jan. 7.

DIGGLE, SAMUEL, Radcliffe, butcher. Ct. Bolton. Jan. 4.
FERGUSON, JOHN, late Bamber Bridge, licensed victualler. Ct. Preston
Jan. 6.

FINLEY, HAROLD, Kingston-upon-Hull, confectioner. Ct. Kingston-upon-
Hull. Jan. 4.

HARDMAN, ABRAHAM, Glyn-neath, draper. Ct. Neath and Aberavon.
Jan. 6.

HOLLEBON, ARTHUR DAVID HENRY. Eastbourne, furniture dealer.
Eastbourne and Lewes. Jan 5.

Ct.

HUMMEL, EDWARD JAMES, New Sawley, lacemaker. Ct. Derby and Lona Eaton. Jan. 4.

JONES, ROBERT EDWARD, Hengoed, builder. Ct. Wrexham and Llangollen.
Jan. 1.

KINDEN, WILLIAM RICHARD, Rugby, tailor. Ct. Coventry. Jan. 6.
LLOYD, HENRY, Bishopston, wheelwright. Ct. Swansea, Jan, 6.
MARSH, JOHN DARLINGTON. Ct. High Court. Jan. 6.
MOSTYN, HAROLD PLANTAGENET, late South-st, Thurloe-sq.
Court, Jan. 6.

Ct. High

OWEN, EDWARD, Martletwy, farmer. Ct. Pembroke Dock. Jan. 6.
REEVE, ARTHUR HARRISON, late Willoughby, coal merchant. Ct. Coventry.
Jan. 6.

RUSSELL, ERNEST WILLIAM, and RUSSELL, PERCY (trading as S. J. Russell and Sons), Kingston-upon-Hull, cabinet makers. Ct. Kingston-uponHull.

Jan. 4.

SMITH, GEORGE, Kirkburton, greengrocer. Ct. Huddersfield. Jan. 4. SMITH, JOHN JOSEPH, Oldham, minder in a cotton mill. Ct. Oldham. Jan. 5.

STANCLIFFE, SAM, Delph, coal dealer. Ct. Oldham. Jan. 4.

THOMPSON, WALTER, and THOMPSON, ALBERT, Batley, carting agents. Ct.
Dewsbury. Jan. 4.
WOOD, FRANK, Oldbury, fariner. Ct. West Bromwich. Jan. 6.

GAZETTE, JAN. 12.

ABRAHAMS, ISAAC, late Wilcox-rd, Lambeth, hosier. Ct. High Court.

Jan. 7. ANDERSON, JAMES ANDERSON, and ANDERSON, FLORENCE MARY (trading as F. M. Anderson and Co.). Greenwich, confectioners. Ct. Greenwich. Jan. 5. BERKOVSKY, DAVIS, Commercial-rd E., ladies' tailor. Ct. High Court.

Jan. 7.

CARTER, JOHN, Littleover, farmer. Ct. Derby and Long Eaton. Jan. 7. CHURCH, ALFRED JOHN, Tottenham, wholesale confectioner. Ct. Edmon ton. Jan. 9.

EGBERS, ALBERT EDWARD (trading as Messrs. A. Egbers and Co.), late Terminus-pl. Victoria. Ct. High Court. Jan. 7.

EVANS, GRIFFITH WILLIAM, and E. J. EVANS (trading as Evans and Co.), Topsfield-par, Crouch End, fancy drapers. Ct. High Court. Jan. 8. FLASH, ALFRED MARKS, late Ellesmere Port, milliner. Ct. Birkenhead. Jan. 7.

GOLDING, GEORGE ROBERT, Liverpool, accountant. Ct. Liverpool. Jan. 8. GRAY, GEORGE HENRY, Boston, baker. Ct. Boston. Jan. 7.

GREEN, JOHN WILLIAM, Portsmouth, retired farmer. Ct. Portsmouth. Jan. 7.

GYBBON-SPILRSURY, MAJOR A., Broad-st-pl, Finsbury-cir, gentleman. Ct. High Court. Jan. 7.

HARDY, ARTHUR FREDERICK, Holland Park-rd, Kensington, theatrical manager. Ct. High Court. Jan. 7.

HIBBERD, WILLIAM EDNEY, Bournemouth, butcher. Ct. Poole. Jan. 8. KENNEDY, SIDNEY HEBBERT, Southampton, boot dealer. Ct. Southampton

Jan. 7.

MALLAM, PAUL PHILLIPS, Wisbech, schoolmaster. Ct. King's Lynn.

Jan. 8.

MASON, JOHN HENRY, Pickering, grocer. Ct. Scarborough. Jan. 7. NORTHROP ALEXANDER SAMUEL, Leeds, taxi-cab proprietor. Ct. Leeds.

Jan. 6. PAGE, ALICE SARAH. Lowestoft, late dressmaker, spinster. Ct. Great Yarmouth. Jan. 9.

ROLFE, HARRY, Henley-on-Thames, nurseryman. Ct. Reading. Jan. 7. SAUER, GEORGE WILHELM (described in the receiving order as George William Sauer), late Holloway-rd, Holloway, baker. Ct. High Court. Jan. 8.

SHUTE, WILLIAM OSBORN (described in the receiving order as William Osborne Shute), Liverpool-rd, Holloway, pianoforte manufacturer. Ct. High Court. Jan. 7.

SMITH, CHARLES HENRY. Matlock

Eaton. Jan. 7.

nurseryman. Ct. Derby and Long

SMITH, TIMOTHY (late trading as Smith and Co.), Withernsea, late grocer. Ct. Kingston-upon-Hull. Jan. 9.

THOMAS, SAMUEL FREDERICK, Box, farmer. Ct. Bath. Jan. 8. TRANTER, ARTHUR (trading as Jones Brothers and Tranter), Droitwich, builder. Ct. Worcester. Jan. 5.

WADSWORTH, ARTHUR, Lees, drug store proprietor. Ct. Oldham. Jan. 8. WRAY, ROMULUS PAUL (trading as Henry Esmond and Co.), Gray's-innrd, mechanical engineer. Ct. High Court. Jan. 7.

GALSWORTHY-WRIGHT.-On the 19th ult., at St. Peter's. Cranley-grdns, Peter Galsworthy, only son of the late Mr. Archibald Pinching and the late Mrs. Herbert Timmins, to Stella Rose, eldest daughter of the late Hon. Mr. Justice Wright, of Ryecroft, Bray, co. Wicklow. LUCIE-SMITH-PILE.-On the 31st ult., Captain John Alfred Lucie-Smith, Royal Dublin Fusiliers, eldest son of Sir Alfred Lucie-Smith. K.C.M.G., Chief Justice of Trinidad, to daughter of the late Theodore Pile, Esq., of Trinidad, and Mrs. Pile, Katie Theodora, only of 56, Wickham-rd, Brockley.

DEATHS.

BREWER. On the 6th inst., at Aldwick, Havelock-rd, Addiscombe, John
George Bracher Brewer, late of the Royal Courts of Justice, in his
seventy-eighth year.
CONDY.-On the 30th ult. at Montreal Lodge, Hythe, George Horace
Condy, M.A. (Keble College, Oxford), Barrister-at-law, of the Inner
Temple.

DOBBS. On the 3rd inst.. at Camphire, Cappoquin, co. Waterford, Robert
Conway Dobbs, Barrister-at-law, aged 72.

HARPER. On the 6th inst.. at Glentworth, Ewell-rd, Surbiton. Thomas Etheridge Harper, Solicitor, aged 75 years.

POLLOCK. On the 4th inst., Robert Erskine Pollock, K.C., Bencher of the Middle Temple, aged 65.

RICHARDSON.-On the 4th inst., at Newcastle, 2nd Lieut. A. J. B. (Jock) Richardson, 4th Yorks Regiment, elder son of William Richardson, Solicitor, Guisborough, Yorks, aged 19.

TRUEFITT. On the 26th ult., in London, Edgar Frederick Gladstone Truefitt, of 21, Bedford-row, W.C., Solicitor.

WINTER-On the 5th inst., at Brynhafod, 10, Valkyrie-rd, Westcliff-onSea, Edwin Winter, I.S.O., late Assistant Solicitor to the G.P.O.

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War Legislation Supplement

то

The Laws of England.

No. 3.

Matters of great legal interest and importance are constantly arising at the present time concerning:

ALIENS AND ALIENS RESTRICTION.

The Title in Volume I. of the main Work dealing with the Law relating to Aliens is probably the standard treatise on the subject, and will provide substantial assistance on all matters arising in connection with Aliens and Alien Enemies. The Emergency Branches of the subject will be found to be dealt with fully in the Supplement for 1915, where the following Acts are noted:

ALIENS RESTRICTION ACT 1914,

BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914,

and the following and other matters receive adequate attention:

DEFINITION OF ALIEN ENEMY.

RESTRICTION OF ALIEN ENEMIES.

PERMITS.

To Readers and Correspondents.

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Vol. 138.-No. 3747

Measure of damages NATIONAL SOCIETY FOR PREVENTION OF CRUELTY TO CHILDREN SCOTTISH NATIONAL SOCIETY FOR PREVENTION OF CRUELTY TO CHILDREN.-Will-Construction... 869 FARMERS' MART LIMITED v. MILNE. Contract-Illegality- Contract void at common law LENDRUM v. AYR STEAM SHIPPING COMPANY.-Employer and workman-Workmen's compensation... 875 TAYLOR AND Co. v. CLARK.Employer and workman - Workmen's compensation - Accident.. 882 SUPREME COURT OF JUDIOATURF. COURT OF APPEAL. BODEGA COMPANY LIMITED v. READ. Revenue Licensed premises Assignment of reversion.... GRESHAM LIFE ASSURANCE SOCIETY CROWTHER. — Registration of assurances-Lands settled in trust for sale-Power to postpone ASHBURTON (LORD) v.

BANKRUPTCY LAW AND PRACTICE.-
Topics
OCCASIONAL NOTES

PARLIAMENTARY PRACTICE AND
CONSTITUTIONAL LAW.-Topics...... 277
IRISH NOTES...........

.... 278

902

- Deed-Construction - Annuities -Charge on real property-" Die seised"-Copyhold

903

GENDERS v. LONDON COUNTY COUNCIL. -Lands clauses-Widening road Notice to treat - ChapelApproach made impossible.

...........

The Law and the Lawyers.

Lord Justice Kennedy.

It was with the deepest regret that the whole Profession received on Monday morning the news of the sudden death of Lord Justice KENNEDY. Both as a man and a judge his death is a great loss to the whole community, and the feelings of all those connected with the law are admirably summed up in the well-chosen words of the Attorney-General to the Court of Appeal on Tuesday uttered on behalf of the Bar. Sir JoHN SIMON said :

Lord Justice Kennedy was a scholar, bearing a name revered by scholars, who never made parade of his scholarship. He was a commercial lawyer who had done as much as anyone of his time to show how the practical solution of practical problems was best attained by the study and application of first principles. He was a judge who was willing to endure the reproach of long deliberation, and even hesitation, rather than gain a reputation for brilliance or brevity by disregarding an argument which was opposed to his first impressions. He was a jurist who, by his work in maritime and international law, had made a solid contribution on the continent of Europe and in the American Republic to the fame of this country as the home of legal science. And the Bar warmly acknowledged his unvarying kindness-a kindness which was not a pose adopted in order to avoid friction, but which proceeded from the depths of a nature which was always ready to accept and to acknowledge help from any quarter, and which had a real sympathy with the work of an advocate presenting the case of his client. The memory of such a personality, so distinguished, so conscientious, and so gracious, would long be gratefully preserved by the Bar of England.

The Bar Meeting.

BOTH directly and indirectly the war was the principal subject considered and discussed at the annual meeting of the Bar this week (see post, p. 280). That

no less than 796 members of the Bar should be serving with His Majesty's forces is a record of which this branch of the Profession may be proud, and those who have thus given their services may rest assured that those who because of age or other adequate reasons have been unable to join them in the field will strenuously endeavour to carry out the resolutions passed by the Bar Council last year for the purpose of preserving the practices of those absent.

The Bar Council Election.

THE Attorney-General's suggestion that no contested election for the Bar Council should take place this year ought to be accepted, and the existing council should be kept in office until the end of the war. The services of the same members of the council which have been available in the past with regard to emergency legislation both in drafting and by criticism should be available in the future, for it is clear that amendments of the existing enactments will be necessary as well as new legislation, and continuity is all-important. In conclusion, we would draw the attention of all members of the Bar to Lady READING'S fund, which not only provides comforts for our troops in the field, but at the same time keeps women at home in employment at a living wage who would otherwise be destitute. A truly excellent charity.

Alien Enemies.

THE important judgments delivered by the full Court of Appeal on Tuesday last do much to elucidate many of the difficulties of procedure that have arisen owing to the war. Although there may not be universal agreement with all the principles enunciated in the judgments read by the Lord Chief Justice, at any rate those judgments will remove much of the obscurity that has existed with regard to the law concerning alien enemies and their position in the King's courts. The questions decided may thus shortly be stated :

1. The term "alien enemy," when used in reference to civil rights, does not mean a subject of enemy nationality, the test not being nationality, but the place of carrying on business-in other words, not nationality, but domicil.

2. An alien enemy has no right to sue in the King's courts during the war except by special licence or authorisation of the Crown.

3. An alien enemy can be sued in the King's courts during the war, and, if so sued, may appear and defend, and, if defeated, may appeal.

4. A plaintiff, being an alien enemy, against whom judgment has been pronounced before the war, cannot present or prosecute an appeal during the continuance of the war.

The court also laid down certain matters for guidance in effecting service of process. It will thus be seen that both British subjects and neutrals may be considered "alien enemies," so far as civil rights are concerned, if resident in a hostile country, while, on the other hand, subjects of a hostile State, if resident here, may be considered "alien friends," and this would certainly be so in the case of alien enemies registered under the Aliens Restriction Act 1914. On the question of the right of an alien enemy to defend when sued, we are not surprised that the Court of Appeal should have upheld this right, for, as we stated when commenting upon the decisions of Sir S. T. EVANS and Mr. Justice BAILHACHE (ante, p. 26) granting this privilege, "to deny a defendant such a right would be opposed to the fundamental principle of justice."

RECENT DECISIONS AND THE LAW OF LIGHT. DURING the year which has just closed the courts have had to deal with some interesting points connected with the law of light. This branch of easement law is still in the making. Its development has proceeded along lines which are far from straight. The history of that development furnishes a striking commentary on the defects of our law of real property. The law of light is a difficult subject, not so much because of the inherent nature of the easement of light, but because of certain extraneous circumstances which have hindered the development of this branch of the law.

In this article we propose to review the year's decisions touching the law of light; but before doing so we shall call the reader's attention to the general [state of this law as at present existing, and incidentally we shall deal as briefly as possible with the main causes which have brought the law of light to its present state.

The reader will recollect the sensation caused by the decision of the House of Lords in the well-known case of Colls v. Home and Colonial Stores Limited (90 L. T. Rep. 687; (1904) A. C. 179). It is said that that case shifted the whole basis of the law. It certainly deprived a great number of cases of their virtue as authorities, and it has never yet been satisfactorily explained how far the older decisions are still to be regarded as law. The juridical earthquake caused by Colls' case was due primarily to the inherent difficulty of defining and measuring the real nature and extent of the easement of light. One decision following another had led to a gradual deviation from the true path. But there have been many serious obstacles to those judges who would have followed the right line of development, and these obstacles have not been raised by mistaken decisions concerning the true nature of a light easement. They have been raised by what we have described as extraneous circumstances-notably by the peculiar anomalies of the law of prescription, and by the unfortunate action taken by the Legislature in passing the Prescription Act of 1832 without fully appreciating the real nature of prescription law.

From the nature of the case the authorities dealing with ancient lights were in time bound to show up the shortcomings of our law of prescription. Those shortcomings originated many centuries ago, and they can be traced with accuracy to the early choice taken by the courts to treat the commencement of legal memory as a fixed, and not a shifting, point of time. Had the term " legal memory" been treated as meaning what it was defined as meaning, a great deal of mischief would have been avoided, and the law of light would have been many degrees more simple than in fact it now is. Legal memory was said to extend from the time" whereof the memory of man runneth not to the contrary." In point of fact, however, it came to be fixed as the year 1189 A.D. Under the doctrine of prescription a right shown to have existed ever since that year was unassailable. Naturally as time went on the difficulty of proving user or enjoyment of a right throughout the period increased.

This