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Re Graham's Settlement; Gwyer v. Graham

Re John Maxwell's Will; Denholm v.
Maxwell

Re H. C. Jobson (deceased);
Jobson

Re Collyer's Collyer

Re

Jobson v. Se.tlement; Collyer v

Griffiths' S ttlement; Lindop บ. Griffith

Re William Raven (deceased); Spencer v. The National Association for the Prevention of Consumption and other forms of Tuberculosis

Re Menell et Cie Limited and anothe: Regent-street Fur Company . Diamant Re William Matthews (deceased); Davis v. Davis

Re Henry Moses (deceased); Beddington v. Beddington

Re A. Johnson (deceased); Lewendin v. Johnson Re A M. B. N. Stallard Pendyre (deceased); Stallard-Pendyre v. Stal lard Pendyre

Prichard

Re George Lawrence (deceased); Dawes v Wright

Cra

LD

Fet

G

Re Becher (deceased); Francis v. Becher
Re Boyd (decease1); Sidgwick . Bɔyd
Settl.ment;
Re Courtenay's
Public
Trustes v. Carter

Re Mansergh and Frost Brothers Limited
Contract and Re Vendor and Purchaser
Act 1874

Re Dieppe (deceased); Millard v. Dieppe
Re Annie Winterborn (deceased); Cl gg
v. Winterbo n

Re John Sykes (deceased); Sykes v.
Sykes

Re John Tucker (deceased); Jenkins v.
Trustees of G. H Tucker

Re William Houghton (deceased)
Houghton v. Hou.h:on
Thornton v. Thornton

Duke and Earl of Sutherland (dece.sed)
Lawley v. Chaplin

Re Donne (deceased); Donne v. Donne
Re H. L. Hall (deceased); Hall r. Hall
Re H. H. Young (deceased); Johnson v.
Young.

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Causes for Trial without Witnesses and Adjourned Summonses.

Re Robert Palmer's Almshouse Charity;
Crawford v. Wade-Palmer

Re Dunkel's Settlement; Thal v. Dunkel
Re Dashwood; Unwin and another v.
Petre and another

Re Turner; Turner v. Turner

Re Phillips (deceased); Phillips v. London
Joint Stock Bank Limited

Hanau and others v. Standard Develop-
ments Limited

Re Groos (deceased); Gros r. Groos
Re John Hemmings (deceased); Hemmings
r. Cunningham

Re F. J. Swan (deceased); Witham v.
Swan

Re The Estate of A. A. Humphreys
(deceased); J. H. Naylor and another v.
A E. Smith and others

Re Joseph Pyke (deceased); Pyke v.
Birnsting

Re Sir W. A. Rose (deceased); Rose v
Rose

Re Thomas R. Mould (deceased); Mould v.
Thompson

Re Jackson's Settled Estates; Jackson v.
Jackson

Re William Wood (deceased); Re Maria
Wood (deceased); Mitchell r. Mitchell
Re Wilson and Sons, Solicitors
Re Claude Ernest Reeve (deceased);
Hanssens v. Reeve

Re Robert Stephenson and Co. Limited;
Poole r. The Company

Re an application by Sheffield Simplex
Works Limited and Re The Trade
Marks Act 1905

Re De Trafford's Settled Estates and Re
The Settled Land Acts and Re De
Trafford's Estate Acts 1904 to 1914

Re Burt's Will Trusts; Burt v. Martin
Re Elizabeth Thatcher (deceased); Re The
Trustee Act 1893; Re The Lunacy
Acts 1890 to 1911;
Meikleham v.
Mortlock

Re Sir F. Wills (deceased); Wills
Hamilton

υ.

Re Earl of Egmont's Settled Estates ard Settled Land Acts 1882 to 1890

Re A. J. Clarke (deceased); Maclagan v. Bush

Re Julian Goldsmid, Bart. (deceased);
Jessel r. Goldsmid

Re Goldsmid Trust Deeds; King v.
Goldsmid
ard another v. Coutts and
Pelegr n

Co.
Peleg. in L. Messel and Co.

Re H. Brooks' Will Trusts; Waterhouse and others v. Smith and others

Re Eva Froffman (deceased); Fink v.
Kramer

Re Atkinson (deccased); Atkinson
Rot inson

t.

Re T. H. Hey (deceased,; Parker v. Hey

Re W. Hey (deceased); Re Benjamin Hey (deceased); Parker v. Hey

Re

Belilios (deceased); Belilios v.

Belilios

Re Connell's Maria e Settlement; Re Benett's Will Trusts: Fair v. Connell The Royal National Life Boat Institute v. Turver.

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THE GAZETTES.

Professional Partnerships Dissolved.

GAZETTE, FEB. 26.

KYFFIN-TAYLOR, GERALD, and WALKER, GEORGE LOUIS, solicitors and notaries, Liverpool, under style of Lamb, Kyffin-Taylor, and Walker, Dec. 31, 1914. Debts by G. Kyffin-Taylor.

GAZETTE, MARCH 2,

RENDALL, ATHELSTAN, and BERRY, EDWIN DENNIS, solicitors, Reading. Jan. 1, 1914. Debts by E. D. Berry.

Bankrupts.

THE BANKRUPTCY ACT 1914.

RECEIVING ORDERS.

GAZETTE, FEB. 26.

To surrender at the High Court of Justice, in Bankruptcy.

B. S. LLOYD AND CO., King-st, Cheapside, merchants. Feb. 24. COLLINS, CHARLES (trading as Collins and Jenkins), Kingsland-rd, engineers. Feb. 23.

CURZON, STUART A., late Victoria-st, Westminster. Feb. 23.

HURLOCK, VINCENT HEZEKIAH, Billingsgate Market, wholesale fishmonger. Feb. 22.

PIZZEY, ERNEST HENRY (and trading as R. T. Ross and Co.), Leather-la, electrotyper. Feb. 24.

To surrender at their respective District Courts. Ct. Stoke-upon-Trent and BALL, WILLIAM, Stoke-upon-Trent, builder. Longton. Feb. 24. BALDWIN, HENRY WILLIAM, Southsea, dealer in musical instruments. Ct. Portsmouth. Feb. 23.

BARNETT,

Feb. 22.

FREDERICK HERBERT, Fakenham, blacksmith. Ct. Norwich. BUNCE, W. THOS., Lostock Hall, builder. Ct. Preston. Feb. 24. DAVIES, DAVID, Llandefeilog, licensed victualler. Ct. Carmarthen Feb. 22.

DAVIES, LUTHER, Glanamman, ironmonger. Ct. Carmarthen. Feb. 24.
DOVE, RICHARD, Streatham-pl, Streatham-hill, baker. Ct. Wandsworth,
Feb. 23.

EASTWOOD, ALFRED, Ravensthorpe, ironmonger. Ct. Dewsbury. Feb. 23.
ELLWOOD, THOMAS, late Rotherfield, farm bailiff. Ct. Tunbridge Wells..
Feb. 24.
FINN, FRANCIS CUTHBERT (trading as F. J. Finn and Son) Gateshead,,
clay pipe manufacturer. Ct. Newcastle-upon-Tyne. Feb. 22,
GAMMON, ERNEST, Mumbles, builder. Ct. Swansea. Feb. 24.
GAY, THOMAS JAMES, Frome, late milk seller. Ct. Frome. Feb. 24.
GINSBERG, NATHAN (trading as N. Ginsberg and Co.), Leeds, late tailor.
Ct. Leeds. Feb. 23.

GLYNN, JOHN, Lytham, shoemaker. Ct. Preston. Feb. 22

HARPER, EDWARD, Bolton, master bricklayer. Ct. Polton. Feb. 24. HUTCHINSON, THOMAS (late trading as T. Wiley), Leeds, late butcher. Ct. Leeds. Feb. 20.

JONES, THOMAS, Runcorn, licensed victualler. Ct. Warrington. Feb. 23. LAWRENCE, WALTER, South Farnborough, officer in the army. Ct. Guild

ford and Godalming. Feb. 24.

LEE, CEDRIC, Shoreham. Ct. Brighton. Feb. 9.
MALLINSON, TOM, York, dentist. Ct. York. Feb. 22.
PIKE, ERNEST EDWARD, late Manor Park, solicitor's clerk.
ford. Feb. 22.

REYNOLDS, GEORGE, York, late grocer.

Ct. Chelms

Ct. York. Feb. 22.

ROCKER, FREDERICK (trading as James Brothers). North Finchley, grocer. Ct. Edmonton. Feb. 24.

SCRIVENER, PHILIP HENRY JAMES (trading as H. Scrivener and Co.), late Coventry, jeweller. Ct. Worcester. Feb. 24.

SELLARS, SAMUEL STAVELEY, Middlesbrough, gardener. Ct. Middlesbrough.
Feb. 24.

SELBY, MADAME C. E. (a firm name), Coulsdon, ladies' outfitters.
Croydon. Feb. 23.

SNEE, HARRIETT, Lower Broughton, wholesale grocer.
Feb. 22.

Ct.

Ct. Salford.

THOMSON, WILLIAM, late Ladywell, tailor. Ct. Croydon. Feb. 22.
TURNER, RICHARD HARRISON (tradnig as Turner and Co. and as Harrison's
Stores), South Shields, grocer. Ct. Newcastle-upon-Tyne. Feb. 22.
WHITE, FREDERICK CHARLES, Croydon. Ct. Croydon. Feb. 23.
WINTER, JOHN WILLIAM, Sheffield, architect. Ct. Sheffield. Feb. 22.
WITHINGTON, WILLIAM BAMFORTH, late Axminster, jeweller. Ct. Exeter.
Feb. 24.

WOODBOURNE, GEORGE EDWARD, late Binsted, farmer. Ct. Winchester.
Feb. 23.

Amended notice substituted for that published in Gazette, Nov. 20, 1914. DE MOYLAND, HENRI STEENGRACHT, Loudwater, baron of the German Empire. Ct. St. Albans. Jan. 30, 1914.

GAZETTE, MARCH 2.

To surrender at the High Court of Justice, in Bankruptcy. BROMWICH, ALBERT JOSEPH, late Norwich, commercial clerk. Feb. 27. HOWELL, ORICE ALFRED (trading as C. Howell and Co.), Harp-la, printer. Feb. 26.

PHILIPS, GEORGE, Pall Mall, retired colonel in the army. Feb. 26.
SELFE, REGINALD JOHN, Mark-la. Feb. 25.

SMITH, A., Addington-rd, Bow, shoe manufacturer. Feb. 25.

To surrender at their respective District Courts. BRIDGETT, LEONARD, Fleetwood, wholesale fish merchant. Ct. Blackpool, Feb. 25.

BURBIDGE, HENRY CHARLES. Nelson, physician. Ct. Burnley, Feb. 27. CLIFFORD, HORACE WILLIAM, Horsham, antique furniture dealer. Brighton. Feb. 26.

Ct.

COOPER, WILLIAM PERCY (trading as Percy Cooper), Leeds, fruit merchant. Ct. Leeds. Feb. 26.

ELLEN, ADA LOUISA (spinster), and ELLEN, BERNARD LIONEL (trading as T. Ellen), Devizes, bakers. Ct. Bath. Feb. 26.

FARRER, JAMES (trading as Morland and Co.), late Oakleigh Park, fencing contractor. Ct. Barnet. Feb. 25.

GATFIELD, FREDERICK

BOYD, Kingston-upon-Hull, music dealer. Kingston-upon-Hull. Feb. 27.

Ct.

HALL, TOM, late Askern, ironmonger. Ct. Sheffield. Feb. 25.
HARRISON, JOSEPH, Rushden, builder. Ct. Northampton. Feb. 25.
Ct. Burnley.
HEYS, RHODA EVELYN, Burnley, late milliner, spinster.
Feb. 25

JONES, SIDNEY WALTER, Lowestoft, outfitter.

Ct. Great Yarmouth.

Feb. 26.

JONES, THOMAS HENRY (trading as T H. Jones and Co.), Blaina, grocer. Ct. Tredegar. Feb. 25.

LEADBETER, THOMAS L., Newport, coal merchant. Ct. Newport, Mon. Feb. 27.

MITCHINSON, MARGARET MARIA CLEMENTS, Brighton, school mistress, spinster. Ct. Brighton. Feb. 26.

PETERS, THOMAS, Crosshands, builder. Ct. Carmarthen. Feb. 27.
PHILIP, GEORGE, Llandovery, colonel. Ct. Carmarthen. Feb. 27.
PLEVIN, ARTHUR, Bidford-on-Avon, grocer Ct. Warwick. Feb. 27.
POUNDER, JOHN WILLIAM WHITWORTH (trading as Pounder and Co.). Bir-
mingham, egg merchant. Ct. Birmingham. Feb. 25.
TAYLOR, JIM, Halifax, french polisher. Ct. Halifax. Feb. 27.
THOMAS, THOMAS OWEN, Blackwood, grocer Ct. Tredegar. Feb. 23.
THRIFT, JOHN EDWARD, late Streatham, retired Civil Servant, Knight.
Ct. Wandsworth. Feb. 27.
Ct. Boston.
WHITWORTH, WILLIAM, Kempston, butcher. Ct. Bedford. Feb. 26.
WILLOWS, JOSEPH THOMPSON, Cardiff, dentist. Ct. Cardiff. Feb. 23.

UNGAR, JULIUS BERNHARDT, Old Leake, insurance agent.
Feb. 27.

Amended notice substituted for that published in Gazette, Feb. 26. GINSBERG, NATHAN (trading as N. Ginsberg and Co.), Leeds, late tailor. Ct Leeds. Feb. 23.

ADJUDICATIONS.

GAZETTE, FEB. 26.

BALDWIN, HENRY WILLIAM, Southsea, dealer in musical instruments. Ct.
Portsmouth. Feb. 23.

BARNETT, FREDERICK HERBERT, Fakenham, blacksmith.
Feb. 22.

Ct. Norwich.

BROWN, ERNEST CLEMENCE, Coggeshall, R.S.O., seed grower. Ct. Chelmsford. Feb. 22.

DAVIES, DAVID, Llandefeilog. licensed victualler. Ct. Carmarthen.
Feb. 22.
DAVIES, LUTHER, Glanamman, ironmonger. Ct. Carmarthen. Feb. 24.
EASTWOOD, ALFRED, Ravensthorpe, ironmonger. Ct. Dewsbury. Feb. 23.
ELLWOOD, THOMAS, late Rotherfield, farm bailiff. Ct. Tunbridge Wells.
Feb. 24.

FINN, FRANCIS CUTHBERT (trading as F. J. Finn and Son), Gateshead,
clay pipe manufacturer. Ct. Newcastle-upon-Tyne. Feb. 22.
GAMMON, ERNEST, Mumbles, builder. Ct. Swansea. Feb. 24.
GAY, THOMAS JAMES, Frome, late milk seller. Ct. Frome. Feb. 24.
GREEN, A., Kew Green, house agent. Ct. Wandsworth. Feb. 22.
GLYNN, JOHN, Lytham, shoemaker. Ct. Preston. Feb. 24.

GINSBERG, NATHAN (trading as N. Ginsberg and Co.), Leeds, late tailor.
Ct. Leeds. Feb. 23.

HARPER, EDWARD, Bolton, master bricklayer. Ct. Bolton. Feb. 24. HURLOCK, VINCENT HEZEKIAH, Billingsgate Market, wholesale fishmonger. Ct. High Court. Feb. 22.

HUTCHINSON, THOMAS (late trading as T. Wiley), Leeds, late butcher. Ct. Leeds. Feb. 20.

JONES, THOMAS, Runcorn, licensed victualler. Ct. Warrington. Feb. 23. LEVY, JUDAH BARNETT (in the petition and receiving order called Barnard Levy), late Southampton, merchant. Ct. Southampton. Feb. 24.

LEVY, MORRES, Paper-st, wholesale mantle manufacturer. Ct. High Court. Feb. 22.

LIPSON, HYAM HAROLD (otherwise known as Harold Lipson), Liverpool, late director of limited companies. Ct. Liverpool. Feb. 24. MALLINSON, TOM, York, dentist. Ct. York. Feb. 22.

PIKE, ERNEST EDWARD, late Manor Park, solicitor's clerk. Ct. Chelmsford. Feb. 22.

POTTER, LEONARD LEVI, late Himbleton, farmer. Ct. Worcester. Feb. 23. REYNOLDS, GEORGE, York, late grocer. Ct. York. Feb. 22.

ROCKER, FREDERICK (trading as James Brothers), North Finchley, grocer. Ct. Edmonton. Feb. 24.

SCRIVENER, PHILIP HENRY JAMES (trading a3 H. Scrivener and Co.), late Coventry, jeweller. Ct. Worcester. Feb. 24.

SELLARS, SAMUEL STAVELEY, Middlesbrough, gardener. Ct. Middlesbrough. Feb. 24.

STEVENS, CHARLES THOMAS, Barnet, draper. Ct. Barnet. Feb. 20. THOMSON, WILLIAM, late Ladywell, tailor. Ct. Croydon. Feb. 22. TURNER, RICHARD HARRISON (tradnig as Turner and Co. and as Harrison's Stores), South Shields, grocer. Ct. Newcastle-upon-Tyne. Feb. 22. WADE, MARTHA ELIZABETH, Huddersfield, mill furnisher. Ct. Huddersfield. Feb. 23.

WEBBER, ROBERT, Exeter, house decorator. Ct. Exeter. Feb. 24.

WITHINGTON, WILLIAM BAMFORTH, late Axminster, jeweller. Ct. Exeter. Feb. 24.

WOODBOURNE, GEORGE EDWARD, late Binsted, farmer. Ct. Winchester. Feb. 23.

Amended notice substituted for that published in Gazette, Feb. 5. PERKINS, WILLIAM GEORGE, Northumberland-av, gentleman. Ct. High Court. Feb. 3.

GAZETTE, MARCH 2.

BRIDGETT, LEONARD, Fleetwood, wholesale fish merchant. Ct. Blackpool.
Feb. 25.
BROMWICH, ALBERT JOSEPH, late Norwich, commercial clerk. Ct. High
Court. Feb. 27.

BURBIDGE, HENRY CHARLES, Nelson, physician. Ct. Burnley. Feb. 27. COOPER, WILLIAM PERCY (trading as Percy Cooper), Leeds, fruit merchant. Ct. Leeds. Feb. 26.

DAVIS, EDWARD DAVID, and ROSENTHAL, ISAAC (trading as Davis and Rose), Nottingham, auctioneers. Ct. Nottingham. Feb. 25.

Do NASCIMENTO, PORPHIRIO AUGUSTO PINDER, late Cheapside, merchant.
Ct. Kingston, Surrey, Feb. 9.

DOVE, RICHARD, Streatham-hill, baker. Ct. Wandsworth. Feb. 26.
ELLEN, ADA LOUISA (spinster), and ELLEN, BERNARD LIONEL (trading as
T. Ellen), Devizes, bakers. Ct. Bath. Feb. 26.

FARRER, JAMES (trading as Morland and Co.), late Oakleigh Park, fencing contractor. Ct. Barnet. Feb. 25.

GATFIELD, FREDERICK BOYD, Kingston-upon-Hull, music dealer.

Kingston-upon-Hull. Feb. 27.

HALL, TOM, late Askern, ironmonger. Ct. Sheffield. Feb. 25.

Ct.

HAYTER, WILLIAM JAMES COLERIDGE, Cardiff, draper. Ct. Cardiff.

Feb. 24.

HEYS. RHODA EVELYN, Burnley, late milliner, spinster. Ct. Burnley
Feb. 25.

HARRISON, JOSEPH, Rushden, builder. Ct. Northampton. Feb. 25.
HILLER, HERMAN, late Newcastle-upon-Tyne. Ct High Court. Feb. 25.
JONES, SIDNEY WALTER, Lowestoft, outfitter. Ct. Great Yarmouth.
Feb. 26.

JONES, THOMAS HENRY (trading as: T. H. Jones and Co.), Blaina, grocer.
Ct. Tredegar. Feb. 25.

PETERS, THOMAS, Crosshands, builder. Ct. Carmarthen. Feb. 27.
PLEOIN, ARTHUR, Bidford-on-Avon, grocer. Ct. Warwick. Feb. 27.
POUNDER, JOHN WILLIAM WHITWORTH (trading as Pounder and Co.), Bir-
mingham, egg merchant. Ct Birmingham. Feb. 25.

TAYLOR, JIM, Halifax, french polisher. Ct. Halifax. Feb. 27.

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DUMSDAY-POOLE.-On the 19th ult., at Heston Parish Church, Capt. Cyril Robert Dumsday. 8th Middlesex, only son of W. H. Dumsday, Barrister-at-law, Willow Lodge, Heston, Middlesex, to Ethel Jefferson, eldest daughter of A. H. Poole, of Newcastle-upon-Tyne. MAOGEORGE TUCKER.-On the 24th ult., at the Parish Church, Paignton, Devon, Harold George MacGeorge, Captain, Royal Engineers, to Margaret Alice Tucker, younger daughter of W. E. Tucker, Solicitor, Paignton,

DEATHS.

DADE. On the 16th ult., at 3, Studland-rd, Newlands Park, Sydenham, George Dade, for forty-nine years a trusted and valued clerk to Messrs. Frere, Cholmeley, and Co., of 28, Lincoln's-inn-flds, W.C. SPARLING. On the 19th ult., at Holme Rectory, Arthur Edward (Tom) Sparling, Solicitor, of Colchester, and 2nd Lieutenant, 8th Essex Regiment (Cyclist).

WALTON. On the 18th ult., at Singapore. Fhilip Walton, son of the late Mr. Justice Walton.

WILDE. On the 25th ult., at Woking, the wife of Reginald William Wilde, Solicitor, Manchester, aged 40.

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It will be found to contain in a compendious form an account of the legislation and the case law which has come into existence since the publication of the respective volumes, and by using this single volume, the whole of "THE LAWS OF ENGLAND" will be absolutely complete and up-to-date to the beginning of the year.

In addition to all the ordinary legislation, THE EMERGENCY LEGISLATION called into being by the present War is specially dealt with. The practitioner will find himself guided, for example, through the intricacies of the LAW OF TRADING WITH THE ENEMY, or through the maze of the DEFENCE OF THE REALM Regulations. The MORATORIUM, the COURTS (EMERGENCY POWERS) ACT, and other measures will be found to be treated noted under the various subjects which they respectively affect.

or

The Law as to ALIEN ENEMIES has grown in the last few months by the addition of a larger number of cases than at any time since the days of Napoleon. The practitioner will find these duly noted under the subject of "Aliens" and the other subjects of English Law to which they relate.

The important developments of PRIZE LAW will be found at this moment to be of particular interest.

In short, no effort has been spared to render this Supplement a complete and compendious resume of the recent developments of The Laws of England.

BUTTERWORTH & CO., Bell Yard, Temple Bar, W.C.

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COUNTY COURTS,- Kingdon v. Peters
and Hamlin - Clarke v. Ocean
Accident Guarantee Corporation
Limited-Sittings of the Courts... 435
CRIMINAL LAW AND THE JURISDIC
TION OF MAGISTRATES. Quarter
Sessions

581

438

LEGISLATION.-Topics

438

62

BANKRUPTCY LAW AND PRACTICE.

Topics

439

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OCCASIONAL NOTES

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IRISH NOTES......

441

INTERNATIONAL, FOREIGN, AND

66

70

HIGH COURT OF JUSTICE. CHANCERY DIVISION. Re DOWAGER DUCHESS OF SUTHER. MICHELL v. COUNTESS BUBNA. Right of retainer-Legal personal representative and legatee 72 Re EARL OF CALEDON; ALEXANDER v. CALEDON.-Will-Construction 75 KING'S BENCH DIVISION. MARGERISON (app.) v. WILSON AND OTHERS (resps.).-Shops-Weekly half-holiday METFORD AND OTHERS (apps.) v. EDWARDS (resp.). Licensing Sale of liquors-Club DATE. GAS COAL COLLIERIES LIMITED.-Mine-Coal mine CONNELL AND THE CORPORATION OF TRINITY HOUSE, LONDON . LAWTHER, LATTA, AND CO. AND ANOTHER. - Ship-Pilotage... KING'S BENCH DIVISION, IN BANK. RUPTCY.

Re LORD E. FITZGERALD.-Bank ruptcy-Practice

Re COLLINS.- - Bankruptcy-Volun. tary settlement

Re JINKS Bankruptcy-Preferential payment.

-

441

COLONIAL LAW. Topics The French Prize Court-Our Canadian Letter...... 441 GENERAL INTELLIGENCE.-Heirs atLaw and Next of Kin-Appointments under the Joint Stock Winding-np Acts-Creditors under Estates in Chancery - Creditors under 22 & 23 Vict. c. 35... LAW SOCIETIES. County Courts Registrars' Association-The Law Society United Law SocietySolicitors' Benevolent Association Law Association..................... 444 LAW STUDENTS' JOURNAL.-The Law Society-Students' Societies......... 416 CORRESPONDENCE NOTES AND QUERIES

76

78

83

LEGAL

...

....................................... 446 447

OBITUARY.-Lieut. Arthur

Edward Sparling-Lieut. Arthur
Ernest Simpson - Lieut. Percy
Dale Kendall

-

Pemberton Greener-Lieut. John

Lieut. Francis

84

86

!

Arthur Hughes Mr. Edward Archibald Willett - Mr. Robert Hart - Mr. Alpheus Henry Robotham Mr. Joseph Wilfred Stanton

447

87 COURT PAPERS.-Rota of Registrars 447 THE GAZETTES........ 447 83 BIRTHS, MARRIAGES, AND DEATHS 448

The Law and the Lawyers.

To Readers and Correspondents.

All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected.

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SCALE OF CHARGES FOR ADVERTISEMENTS, Four lines of 30 words or £ 8. d. less than 80 words in body type Each additional line Advertisements ordered for a series of three insertions are charged 10 per cent. under scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 18. per line, minimum 5s. No series discount Advertisers whose reference is under initials to this office, should remit 6d additional to defray postage in transmitting replies to their Adver tisements.

Advertisements must reach the office not later than five o'clock on Thursday afternoon, and must be accompanied by a remittance. Post-Office Orders payable to the FIELD & QUEEN (HORACE COX) LTD.

Vol. 138-No. 3754.

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Judicial Committee and House of Lords.

IN the Privy Council, 141 appeals were entered as against 100 in 1912, but only 107 were disposed of, compared with 153. There were thirty-seven appeals from Canada, fifteen being from the Supreme Court of the Dominion, and sixty-five from India. There were sixty-four petitions for special leave to appeal to the Council, and thirty-six were granted. In the House of Lords there were only seventy-one petitions as against ninety-one in 1912, and, in addition, five peerage claims were pending at the end of the year.

The Court of Appeal.

A STRIKING feature is the large increase of work before this tribunal. There were no less than 637 final appeals against 587 in 1912, and 228 interlocutory appeals against 188. At the present time strenuous efforts are being made by the two divisions to deal with the arrears in the Final and New Trial list of King's Bench

appeals, and by Easter it should be reduced to reasonable proportions. Cases set down in July are now being disposed of, and it is to be hoped that in the near future cases in this list will be heard within three months of being entered.

Chancery Division.

In these courts the steady and continuous decline still continues, there being 5344 proceedings begun as against 5566 in 1912. In 1904 the figure was 6779, and the decline has continued ever since that date.

The King's Bench.

IN 1913 there was a slight decline in writs issued, the total being 60,511 as compared with 60,789 in the preceding year, while summonses before the masters and district registrars were only 31,398 as against 32,791. Of the 4115 actions for trial, 383 were for defamation, being over 9 per cent. of the total. It is interesting to note that in all actions brought in this division but £353,141 was recovered after trial by a judge and only £232,488 after trial by a judge and jury out of a total recovered of £4,400,402, the amounts recovered in default of appearance and under Order XIV. being £2,231,021 and £1,368,063 respectively.

Divorce and Admiralty.

PETITIONS for dissolution were 998 against 920 in 1912, for judicial separation ninety-one against seventyseven, and for restitution 135 against 125. There were only thirty-six verdicts or judgments for the respondent, 1040 being for the petitioner. Petitions by wives show a large increase over the last ten years, and in comparing 1904 with 1913, wives' petitions for divorce have increased 65-44 and for restitution 28571 per cent. Admiralty business shows a tendency to increase over a like period of ten years, for, although actions commenced only show an increase of 0.74 per cent., collision actions have increased by 16:56 per cent.

Emergency Powers and the Moratorium.

PERHAPS the most interesting part of the introduction are the figures included by Sir JOHN MACDONELL showing the effect of the war and the emergency legislation on the business of the courts. The tables given by him as to Long Vacation business for 1913 and 1914 are exceedingly instructive, and are as follows:

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OBSTRUCTIONS TO RIGHTS OF WAY.

THE popular belief that a right of way gives the person entitled to enjoy it the right to insist upon the road or pathway being kept clear of all erections or impediments has no foundation in law. His right is limited to the right of free passage in accordance with the grant. The owner of the soil may put the road or pathway to any use he pleases, always provided he does not interfere with the free and uninterrupted enjoyment of way by persons entitled to right of passage As the Court of Appeal recently held in the case of Pettey v. Parsons (111 L. T. Rep. 1011; (1914) 2 Ch. 653), it does not follow that because the owner of the soil erects a gate across the roadway a person entitled to a right of way over that roadway has any legal right of complaint. In that case, no doubt, the court decided this point on the construction of the particular grant of the way in question, but the decision is of the utmost importance in that it reaffirms the view that the question whether an easement has been infringed or not always depends on the question of nuisance or no nuisance.

The reader has, no doubt, when considering a right of way case, been often impressed with the difficulty of discovering the definite general rules which govern the law of private rights of way. The cause of this difficulty is manifest. The measure and nature of the right, and, conversely, the ways in which it may be wrongfully infringed, depend primarily on the terms of the grant. If there is no express grant, then they depend on the user. In short, there is a great lack of uniformity in the authorities upon the subject. A great deal could be said in favour of Lord Coke's artificial classification of ways. Suppose there had been recognised from the first, say, three forms of the right. First, a right of passage on foot. Secondly, a right of passage on foot or by vehicles. Thirdly, a right of passage by any means whatever. Had those been the only forms of private ways a great deal of litigation would have been avoided. The difficulties and uncertainties which abound in prescription cases would have been greatly diminished.

There can be little doubt that, for a time at any rate, Lord Coke's artificial classification of ways had a tendency to crystallise the multitudinous forms of ways, so as to gather all ways under three main heads. But the scheme broke down. Candidly, we very much doubt whether his Lordship ever intended to do what for many years afterwards he was supposed to have intended to do—namely, to give an exhaustive category of the forms of private ways. "There be three kind of ways," he said (Co. Litt. 56a), "whereof you shall read in our ancient books First, a footway, which is called iter quod est jus eundi vel ambulandi hominis; and this was the first way. The second is a footway and horseway, which is called actus ab agendo ; and this vulgarly is called pack and prime way, and a pack or drift way also. The third is via or aditus, which contains the other two, and also a cartway, &c." The reader will observe that all that Lord Coke says is that those three forms of ways occur in ancient books. He did not say that those were the only forms of way extant in English law. Nor is it at all certain that he was really writing of private ways at all. The ways indicated would appear to have been forms of highways. Highways by foot have always existed in our law. In many places public driftways still exist, and a century or so ago they were exceedingly common in this country. The effect upon the general trend of judicial decisions in right-of-way cases of Lord Coke's classifying of ways in this manner is clearly shown by the case of Ballard v. Dyson (1808, 1 Taunt. 279). In that case the judges threw aside the conception of this artificial classification. The vigour with which they denounced that classification, or, indeed, any other hard-and-fast

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