Cargo ex Emulous (1 Gallison, 562; sub nomine, Brown v. The United States, 8 Cranch, 110) for the opinion of Mr. Justice Story in similar cases. As to the suggestion that the right of seizure or capture of enemy property carried as cargoes in British ships no longer exists after the Declaration of Paris, it is obvious that the Declaration only modified or limited the right in favour of neutrals for the benefit and protection of the commerce of neutrals and in the interest of international comities; and did not in any other respect weaken or destroy the general right. It is well known that the United States of America refrained from acceding to the Declaration of Paris because they desired that all property of private persons should be exempted from capture at sea, to which other States have always refused to agree. And, in practice, what would become of such cargoes? A British ship could not in times of war carry it or hand it over to the enemy either directly or through any intermediary, as it is not permitted for her to have any intercourse with the enemy. In my view it is abundantly clear that enemy goods carried in British vessels are subject to seizure in port and capture at sea in times of war. In the present case, since the goods have been sold, there will be an order for the payment out of court of the proceeds of the sale to the claimants. There will be no order as to costs. On the application of the Attorney-General, a stay of execution for three weeks was granted. Solicitor for the Crown, Treasury Solicitor. GENERAL INTELLIGENCE. HEIRS-AT-LAW AND NEXT OF KIN. HOWLETT (Joseph). Persons claiming under an inquiry made in the matter of the trusts of the will of Stephen Denny, deceased, as to whether Joseph Howlett left a will, and, if so, who is beneficially entitled thereunder, to enter their names by Dec. 21, also prove their claims by Jan. 12, at chambers of the Judge, Room 699, Royal Courts of Justice. Hearing Jan. 12, at 11.30, at said chambers, Room 700. Ross (Ann), or her representatives and next of kin claiming under an inquiry made in the matter of the estate of James Fraser, deceased, to be entitled to one-sixth of the funds in court to the credit of "the account of Ann Ross, the wife of Alexander Ross, and the persons claiming under her," to enter their names by Jan. 13, also prove their claims by Jan. 20, at chambers of the Judge, Room 699, Royal Courts of Justice. Hearing Jan. 20, at 12, at said chambers, Room 700. APPOINTMENTS UNDER THE JOINT STOCK NOTICES OF APPEARANCE AT HEARING MUST REACH THE SOLICITORS BY 6 P.M. AERATED DOUGH MACHINE (FOREIGN) COMPANY LIMITED.-Creditors to AMERICAN BOWLING ALLEY COMPANY LIMITED.-Creditors to send in, by CRAVEN STEAMSHIP COMPANY LIMITED.-Creditors to send in, by Nov. 30, to H. W. Tash 29, Wilson-st, Middlesbrough. Hoggett and Bacon, Middlesbrough, sols, for liquidator. CUMBERLAND COAL AND BORING SYNDICATE LIMITED.-Petition for windingup to be heard Dec. 1, at Royal Courts of Justice. Baddeleys and Co.. 77, Leadenhall-st, E.C., sols. for pets. Notices of appearance by Nov. 30. DEATH AND ELLWOOD LIMITED.-Creditors to send in, by Dec. 14, to S. F. E. A. HERBERT AND CO. LIMITED.--Creditors to send in by Dec. 1, to F. H. HEATH LIMITED.-Creditors to send in, by Dec. 9, to J. H. Bayley and W. R. Sharp, 30, Brown-st, Manchester. Field and Cunningham, Manchester, sols. for liquidators. GRANT AND CO. LIMITED.-Creditors to send in, by Dec. 19, to E. I. Husey. 58. Coleman-st. E.C. Markby, Stewart, and Co., 57. Coleman-st, E.C., sols. to liquidator. JAMES YATES AND SON LIMITED.-Creditors to send in, by Dec. 4. to W. T. Butterfield, 9. Market-st. Bradford. LEEDS FLAX AND HEMP SPINNING COMPANY LIMITED.-Creditors to send in, by Dec. 12, to A. Dobson, 10. Park-row, Leeds. Hepworth and Chadwick, Leeds, sols. for liquidator. MADAME VIOLETTE LIMITED.-Creditors to send in, by Dec. 31, to J. G. Nixon, 42, Grey-st, Newcastle-upon-Tyne. MARSHALL ARTER LIMITED.-Petition for winding-up to be heard Dec. 1, at Royal Courts of Justice. Clinton and Co.. 59-60, Chancery-la. W.C.. agents for C. Martin, Coventry, sols. for pets. Notices of appearance by Nov. 30. RED ENSIGN FILM COMPANY LIMITED.-Creditors to send in, by Jan. 4. to A. A. Lowe, 12. Coleman-st. E.C. REINFORCED RUBBER COMPANY LIMITED.-Creditors to send in, by Jan. 7, to J. Davidson. West Bar-chmbrs, 38, Boar-la, Leeds. SAN ANTONIO DE ESQUILACHE LIMITED.-Creditors to send in, by Jan. 8, to H. C. Rogers, 13, St. Helen's-pl, E.C. SEAFORTH LIBERAL CLUB BUILDINGS COMPANY LIMITED.-Creditors to send in, by Dec. 2, to R. E. Edwards, 5, Cook-st, Liverpool. Oliver Jones, Billson, and Co., sols. to liquidator. SOUBIL CONCESSIONS COMPANY LIMITED.-Creditors to send in, by Nov. 30, to C. Knight, 14, Fenchurch-st, E.C. STROUD'S PATENTS LIMITED.-Creditors to send in, by Dec. 2, to C. F. N. Gibbons, 43, Dryden-st, Nottingham. E. B. Stocker, Nottingham, sol. for liquidator THOMAS BIDDULPH AND SON LIMITED.-Creditors to send in, by Dec. 1, to O. Sunderland. Commercial-chmbrs, 53, Corporation-st, Manchester. Hurst and Hewitt, Manchester, sols. for liquidators. VICTORIA SEED AND SPICE MILLS LIMITED.-Creditors to send in, by Dec. 11, to G. L. J. Highfield. 10. Dale-st, Liverpool. YOUNGMAN LIMITED.-Creditors to send in, by Dec. 12, to J. B. Carruthers, 14, South-st, Finsbury. CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF PROOFS. COUNTY COURTS JURISDICTION. HOLMES (George), Islington. Nov. 30; B. U. Eddis, Registrar, Clerken well County Court. Dec. 3; Registrar aforesaid, at 2.30. CREDITORS UNDER 22 & 23 VICT. c. 35. LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. ABRAHAMS (Edward George), Northumberland-alley, Fenchurch-st Dec. 31; Druces and Attlee, 10, Billiter-sq, E.Ç. AUDAS (Elizabeth), Heaton. Dec. 24; J. J. Sutherland, Gateshead. BANTOFT (Emily Kate), Hull. Dec. 31; Parker and Parker, Selby. BATTEN (Elizabeth) and BATTEN (Eleanor Mary), Bath. Jan. 2; Collins and Simmons, Bath. BAYLIS (Thomas Charles), Maida-vale. Dec. 20; Watkins, Baylis, and Chidson 11, Sackville-st, Piccadilly, W. BEAUMONT (Henry), Elland. Dec. 31; J. L. Garsed, Elland. BELTON (Catherine Jane), Hampstead. Dec. 14; E. L. Greaves, 14, Serjeants'-inn Fleet-st, E.C. BLAKEY (Robert), Burnley. Dec. 31; S. Lawson, Burnley. BOLTON (Horace Walsh), Witham. Dec. 23; Eland, Nettleship, and Butt, 4, Trafalgar-sq, Charing Cross, W.C. BRADBURY (Aaron), Ashopton, Jan. 2; Pye-Smith and Barker, Sheffield. BRIGGS (George Manuel), Osgodby. Dec. 31; Parker and Parker, Selby. BUTLER (William Bryson), Kensington Court-pl. Dec. 23; Ashurst, Morris, Crisp, and Co.. 17, Throgmorton-av, E.C. CALDER (John), Toxteth Park, Liverpool. Dec. 31; Layton, Son, and Calder, Liverpool. CARR (Admiral Henry John [retired]), Longcross. Dec. 21; Rooker, CLARK (Terence), Murton. Dec. 12; H. Bailey, Easington Colliery, COHEN (Ezekiel Jonathan), Stratford. Dec. 20; Attwater and Liell, 88. COOPE (Sarah), Chorlton-cum-Hardy. Dec. 31; J. Hewitt and Son, Manchester. CORDINGLEY (Charles, the younger), Haverstock-hill, and Charing Crossrd, W.C. Jan. 4; T. F. Peacock, Fisher, and Chavasse. 3, Field-ct, Gray's-inn. CRADDOCK (Walter). Chorlton-on-Medlock. Dec. 22; Cobbett, Wheeler, and Cobbett, Manchester. CRICHTON (Robert) Caterham Valley. Jan. 1; Neish, Howell, and Haldane, 47, Watling-st, E.C. ELLIOT (Wilson), Carlisle. Dec. 20; T. B. Westmorland, Carlisle. FERTEL (Emma), Raynes Park. Dec. 23; J. H. Hodge, Bromley. GARNER (Frederick William), Rugby. Dec. 30; H. L. Reddish, Rugby. GROGAN (George) Kilburn. Dec. 17; Haslewood, Hare, and Co.. 139, Temple-chmbrs, Temple-av, E.C. HALL (Ann), Alnwick. Dec. 31; A. Douglas, Alnwick. HAMMOND (Frank Fox). Fareham. Jan. 1; C. Warner and Kirby, Win HUGHES (Hugh), Penmachno. Dec. 20; D. Thomas, Llanrwst, JONES (Mary Myrie), Balham. Jan. 6; Munns and Longden, 4B, KNIGHT (Henry Jeffree), Liverpool. Dec. 24; W. H. Munro, Liverpool. LATHAM (Thomas), Standish. Jan. 1; Rowbottom and Milligan, Wigan. LATHAM (William), Wigan. Jan. 1; Rowbottom and Milligan, Wigan. LAYCOCK (Annie), Laycock, Keighley. Dec. 21; H. Laycock, Keighley. LLEWELLIN (John), Devizes and Syston. Dec. 31; A. E. Habgood, MCMILLAN (William), Bromborough. Dec. 22; Gair, Roberts. and Co., Liverpool. Bristol. MARKS (Albert Morris), Kensington, and City-rd. Jan. 7; A. Benjamin and Cohen College-hill-chmbrs, College-hill, E.C. MASON (Eliza Jane), Diss. Dec. 18; G. Lyus and Sons, Diss. MILLER (Alice Elizabeth), Eastbourne. Dec. 24; A. H. Ruston and Son, MILLS (Anna Ellen). Par Station. Jan. 1; Maxwell and Dampney. 52. Bishopsgate. E.C. MOORE (Isaac Levi), Aston. Dec. 15; Phelps and Keeling, Birmingham. MOORE (Samuel), Levenshulme and Manchester. Dec. 31; Horner, Son, and Brookes, Manchester. MORRIS (Thomas), Droylsden and Bradford. Jan. 2; T. A. Needham, Manchester. MUNN (Thomas), Liverpool. Dec. 21; T. Goddard and Co., 5 and 6, MUNSLOW (Jane), Oswestry. Dec. 25; Mawdsley and Hadfield, South Clement's-inn, Strand, W.C. port. MYNORS (Major Willoughby Baskerville), Evancoyd. Dec. 18; R. and NOCK (Mary), Erdington. Dec. 24; R. M. Wood, Amphlet, and Jevons, OWEN (Richard David), Llandudno. Dec. 16; Chamberlain and Johnson, PARSONS (William), Notting Hill. Dec. 21; F. W. Hughes and Son, PRESSLAND (Edward Brice), Putney-hill. Dec. 24; Potter, Sandford, and PRIDHAM (Clement John Coles), Barrow-in-Furness. Kite and Sons, Taunton. Dec. 31; G. H. RADCLIFFE (Richard). Halifax. Dec. 21; Hirst, Whitley, and Akeroyd. RIDLEY (Mabel), Durham. Dec. 31; the executor, at the offices of Dees mouth. SCHLOESSER (Carl), Regent's Park. Dec. 20; A. S. Joseph, 61, Fore-st; SEARLE (Sarah Elizabeth Shaw), Brixham. Dec. 17; Boddington, Jordan, SENNITT (Henry Oasland), Westbourne Park, W. Dec. 20; Cooper, Bake, STEVENS (Alice) West Southbourne. Jan. 4; Collins and Simmons, Bath. WHYTE (Alexander Burnett), Lime-st-sq, E.C. Dec. 31; Coward, Hawksley, Sons, and Chance, 30. Mincing-la, E.C. THE first meeting of the Medico-Legal Society for the present session was held at 11, Chandos-street, Cavendish-square, W., on Tuesday, the 17th inst., the newly elected president, Professor Harvey Littlejohn, M.A., M.B., F.R.S.E., taking the chair. The president delivered his inaugural address. He said this was the commencement of the fourteenth session of the society, and if ever there were doubts as to the success of the society when it was launched in 1901, those had long since been dispelled. The membership had gone on increasing from the beginning, until it had reached last year a total of 232. The subject of forensic medicine had frequently been referred to in papers read before the society, and he hoped for a time when an understanding would be arrived at between lecturers on forensic medicine and coroners, and the advantages would be realised of the coroner having at his disposal a trained and experienced medical man. The class for forensic medicine had always been closely associated with the law curriculum in Scotland. Forensic medicine was an optional subject for the LL.B. degree of Edinburgh, and an average of twenty law students annually attended the class, besides not a few who intended to join the English Bar. A knowledge of medical jurisprudence must be of advantage to any lawyer in the conduct of a criminal case, and he thought the provision should be made for instruction to this end in connection with legal education in London. Mr. Andrew Balfour, C.M.G., M.D., read a paper entitled "Medico-Legal Experiences in the Sudan," in the course of which he dealt with the detection of crime particularly of cases of poisoning. ROYAL COURTS OF JUSTICE TEMPERANCE HIS HONOUR JUDGE ATHERLEY-JONES, K.C., addressing a meeting of the Royal Courts of Justice and Legal Temperance Society, held in the Old Dining Hall, Lincoln's-inn, on Tuesday at which he presided, said that there were none who had a fuller opportunity of recognising the evils of drunkenness than those who had to act as criminal judges. He was far from saying that the majority of criminals were intemperate, but he could confidently assert that drunkenness bred the criminals. He made it his task in the case of many of the young criminals who came before him in his judicial capacity to make some inquiry into their antecedents. In a very large and probably the main proportion of the cases of the children-many of them were little more when they first became amenable to the criminal law-who came before him he found that they were the offspring of intemperate parents. Personally, he was not in favour of penal legislation with the object of making people sober, but in the provision of well-managed clubs, reading rooms, lecture halls, and so on, as a counter attraction to the public-house, which was often the only resort open to the working classes after they had done their day's labour. Master Archibald and Mr. Alexander Thomson, Metropolitan Superintendent, United Kingdom Alliance, also spoke, and the musical portion of the programme was very efficiently rendered by Miss Elsie Wright, Miss Edith Jowers, Mr. Arthur Betchworth, and Mr. Fred Topping. SOLICITORS' BENEVOLENT ASSOCIATION. THE annual report, which has just been issued, states that the association has now 3999 members, of whom 1174 are life and 2825 annual subscribers. Seventy-four of the life members are also annual subscribers. The association has lost during the year eighty-two subscribers through death and fifty-six through withdrawals, a total of 138. It has obtained 281 new subscribers, thus showing an increase of 143. The directors regretted to report the death of three colleagues on the board-viz., Sir John E. Gray Hill, of Liverpool, who was for many years a director and liberal supporter; Mr. J. B. Winterbotham, of Cheltenham, for many years a director; and Mr. H. Bevir, of Wootton Bassett, who had only recently been appointed a director. A sum of £67 had been received from the Law Society, being the balance of the late Mr. Robert Ellett's portrait fund. The directors have resolved that, in consequence of the war, the annual festival dinner shall not be held. In the circular letter which they have forwarded to the members they state that at that dinner the association has on an average collected about £1360, and they express the hope that it should not suffer in funds as a result. The association had already begun to feel the poverty caused to members of the Profession by the war, and it was asked that subscriptions should be sent to be announced at the annual meeting. It would be a great event if it could be said that the abandonment of the annual dinner this year had not caused solicitors to fail in giving the association their support The annual general meeting will be held on Wednesday, the 9th prox, at the Law Society's Hall, at 2 p.m. Ackroyd, John William Baldwin, Edwin W. M. Barwick, Douglas Harry Bate, Roger Baynes, E. R., B.A. Oxon. Bensted, Arthur James Bergendorff, Otto Leopold Blagg, Claude E. L. Bodkin, Peter Raymond Bonsey, E. K., B.A. Oxon. Boulter, Bertram Ernest Burch r Leslie Corbet Butterworth, Rowland Bygott. Edward Campion, Harold John Clark, Charles Eric Cleobury, Sidney Cochrane, Donald Henry Collis, George Douglas Colwill, Eric Richard Cook, Frank Oldham Creery, Leslie Daniel, Rea Albiston Davies, Henry Howells Dickinson, Arnold Victor Edmanson, Joe Flanagan, George Anton Garner, William Thomas Graham, Harriman Guest, Charles H. T. Harrison, Eric Vernon Harrison, William F. C. Jenkins, Thomas M. L. Morgan, Daniel Owen O'Connor, Edmond Number of candidates, 156: passed, 125. O'Meara, Aubrey Ivor Sheath r, John Charles UNIVERSITY OF LONDON-INTER-COLLEGIATE LAW STUDENTS' SOCIETY. At a meeting held on Tuesday, at University College (Mr. F. Bradbury in the chair), the subject for debate was: "That the railway company is liable in the following circumstances: A railway company has a goods yard bounded by an open culvert which is dangerous. The plaintiff is well acquainted with the goods yard. He comes with his horse and cart to fetch goods from the station. While he is in the goods office the horse backs into the culvert and is injured." (The substance of Norman v. Great Western Railway, 110 L. T. Rep. 306; (1914) 2 K. B. 153). Mr. G. R. Blake opened in the affirmative, and Mr. R. F. Levy in the negative. The following members also spoke Messrs. H. P. Wells, E. M. Duke, H. Todd Thornbery, and P. A. Wood. The leaders having replied, the chairman summed up, and on the motion being put to the meeting it was carried by eleven votes to six. PROMOTIONS AND APPOINTMENTS. Information intended for publication under the above heading should reach us not later than Thursday morning in each week, as publica tion is otherwise delayed. Mr. HENRY ANSELM DE COLYAR, K.C., has been elected a Bencher of the Middle Temple. Mr. de Colyar was called in 1871 and took silk in 1905. Sir JOHN EDWARD POWER WALLIS, barrister-at-law, has been appointed Chief Justice of the High Court of Madras, in succession to Sir Arnold White, who has retired. Sir John was called by the Middle Temple in 1886. Mr. SYED HASSAN IMAM, barrister-at-law, has been appointed one of the Judges of the High Court of Judicature at Fort William, in Bengal, in succession to Sir Harry L. Stephen, who has retired. Mr. Imam was called by the Middle Temple in 1892. Mr. THOMAS OTTAWAY, solicitor, St. Albans, has been appointed a Notary Public for St. Albans and part of the county of Hertford. Mr. Ottaway was admitted in 1904. NOTES AND QUERIES. This column is intended for the use of members of the Legal Profession, and therefore queries trom lay correspondents cannot be inserted. Under no circumstances are editorial replies undertaken. None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee of bona fides. - Queries. 3. MORTGAGE - MARRIED WOMAN EXECUTOR - HUSBAND JOINING IN CONVEYANCE.-By indenture of the 5th April 1901 W. J. P. mortgaged freehold property to W. S. in fee simple to secure a certain sum and interest. On the 5th April 1901, by indenture made between W. S. (mortgagee) of the first part, W. J. P. (borrower) of the second part, and P. of the third part, the principal sum was assigned to P. absolutely, and the freehold property was conveyed by the mortgagee and borrower unto P. "in fee," the word "simple being omitted. W. S. died on the 1st April 1904. By his will he appointed as his executors F. W. S., H. S., E. W. S. (males), and E. F. S. C. (married woman) executors. On the 2nd June 1909 the mortgage was transferred by mortgagee only to R. W. P. and C. G. R., and by indenture of the 10th July 1909 the above-named executors conveyed the outstanding legal estate to R. W. P. and C. G. R., the new mortgagees. This mortgage has been called in and the solicitors for the new transferee contend that the husband of the married woman executor should have joined in the deed of the 10th July 1909 purporting to convey the outstanding legal estate, and that this deed should have been acknowledged. References have been made to Harkness and Allsopp's Contract 1896, Brooke and Fremlin's Contract 1898, Howgate and Osborne's Contract 1902, and sect. 16 of the Trustee Act 1893 and sect. 1 of the Married Women's Property Act 1907 have been quoted in support of the contention that it is now no longer necessary for the husband of a married woman trustee to join in conveying real property, or that the deed should be acknowledged by her. We shall be glad of the opinion of your readers on the point. S. 4. ENGLISH COMPANY-PROPERTY IN ENEMY COUNTRY— DEBENTURES.-A company registered in this country owns property in an enemy country, which is the company's only source of revenue, and, of course, under the existing conditions of affairs that source of income has ceased, but will undoubtedly recommence on the cessation of the war or before, as the territory in which the property is situated will presumably become a British colony eventually. This company has issued certain debentures secured on the aforesaid property, the major portion of which are owned by enemy aliens, many of whom, however, are registered residents in England. Under these circumstances would the courts be likely to give an order sanctioning the suspension of the payment of debenture interest during the war or until such time as the property can be worked again by the company? E. B. G. CORRESPONDENCE. This department being open to free discussion on all Professional topics, the Editor does not hold himself responsible for any opinions or statements contained in it. NOTARIES AND ANNUAL DUTY.-I would like to point out, in reference to the paragraph on pp. 51 and 52 of last week's LAW TIMES as to solicitors' certificates, that solicitors are not the only professional men who have to pay an annual duty, but that notaries public (unless they are also solicitors) also have to pay the £9 or £6 annual duty. In London the majority of the notaries are notaries only. NOTARY. SOLICITORS' CERTIFICATES.-As you have reverted to the subject of the duty on solicitors' certificates, may I be allowed to emphasise the letter of "E derly Solicitor" in your issue of the 17th Oct., p. 552? I venture to submit that the existing penalty for nonpayment of the stamp on the certificate is a positive scandal. If I omit to pay the stamp required on a deed, within a specified time, I am entitled to memorialise the commissioners for relief from a penalty of £10, and circumstances are frequently disclosed which the commissioners hold to justify their imposing a merely nominal penalty. What happens if the £9 duty stamp is paid on the 1st Jan. instead of the 31st Dec.? Let me illustrate from my own case some years ago. For upwards of ten years I had never had occasion to give a thought to my certificate-at the right time a certain clerk of mine who superintended and managed all the details of the office obtained my signatures to the proper forms, and afterwards asked for and got my cheque for the £9. Towards the end of one year (in October, I think) this managing clerk had the terrible misfortune to lose his reason and I had hard work to pick up the threads of all the work he had been dealing with. During the last few days of the year I made up accounts, and on the 31st Dec. I discovered the certificate duty was not paid. On the following day I obtained and signed, the papers and tendered the £9, which was actually paid on the 2nd Jan., and I wrote to the Law Society explaining the circumstances and offering to bear any expenses which might be involved in applying to the court or taking any other steps for securing the insertion name of my in the Law List to be published three months later. I was expecting to be elected to the chair of an important committee of the City Corporation, and knew it was likely my name might be looked up in the Law List, so that, even if it had cost £5, I should have been quite content to pay that as a fine for my neglect, although under similar circumstances I think the penalty which would have been required by the commissioners for stamping a deed after date would have been very smali. The reply of the Law Society was an absolute non possumus, and they in no way favoured the suggestion of obtaining powers to grant relief. Thus, a solicitor who could show a very reasonable excuse for his delay in payment is ticketed for all time as having been (apparently) off the roll for one year, giving rise to suspicions as to misconduct, and what not. I was informed that it was against the law as it stands to insert any name of a solicitor who had not paid duty at the proper time; but names of firms are inserted in italics even if they include a name not on the rolls, so it is difficult to see why (say) my name might not have been given in italics, with a note that the duty was not paid till a certain date, I paying for all trouble and expense occasioned by a special entry. A similar accident can never happen to me again, but I was told there have been many cases quite as hard. Surely, therefore, powers should be asked, and they could not be refused, to mitigate such hardships, even if the duty itself is not taken off. CECIL F. J. JENNINGS. CERTIFICATE DUTY.-I was pleased to read your remarks regarding this tax in last week's issue. You rightly say" there is no just reason whatever why it should be exacted.' The tax has proved a grievous burden to many struggling solicitors. Surely after the heavy stamp duties, premium, and other heavy expenses of getting qualified, a solicitor, like any other professional man, should be exempt from further taxation, and not become disqualified if he omits to pay this unjust tax. Why d es not the Law Society move in the matter. Can they do nothing? LEGAL OBITUARY. A. Mr. CHARLES EDWARD MUNRO EDWARDS, barrister-at-law, died at his residence, Coed Celyn, Dolgelley, on the 21st inst., aged sixty-two. Mr. Edwards was a son of the late Mr Charles Edwards, M.P., of Dolserau Hall. He was a deputy-lieutenant of Merionethshire, having been appointed a magistrate in 1875. He had frequently acted as chairman of the quarter sessions, foreman of the grand jury at assizes, and was a useful member. of numerous committees. He was called by the Inner Temple in 1879 and joined the Oxford Circuit. Mr. BENJAMIN SUTTON HAWTHORN, of the firm of B. S. Hawthorn and Son, the oldest solicitor in Market Drayton, Shropshire, died on the 19th inst, aged seventy-four. He was the son of the late Dr. Henry Orme Hawthorn, of Uttoxeter, Staffordshire, and was a native of the latter place. Mr. Hawthorn was admitted in 1863. Mr. RICHARD NICKLIN HALL, solicitor, well known for his explorations and his works on ancient remains found in, Rhodesia, died recently at Buluwayo, aged sixty-one. Mr. Hall was the son of Mr. Joseph Hall, J.P., Dudley, Worcestershire. Mr. WILLIAM FAWCETT, solicitor, of the firm of Harrison and Lupton, Leeds, died suddenly on the 20th inst, aged forty eight. He was a son of the late Mr. J M. Fawcett, architect, and was admitted in 1887. Mr. Fawcett was a member of the Solicitors' Benevolent Association. Mr. GEORGE NEWBY WATSON, solicitor, late of Darlington, died on the 21st inst. at Southsea, aged sixty-seven. Mr. Watson "as admitted in 1871 and came to Darlington in 1874. He joined in partnership the late Mr. Hugh Dunn, the first town clerk of Darlington. On Mr. Dunn's death, Mr. Watson succeeded him as magistrates' clerk. [Vol. 138.-95 THE COURTS AND COURT PAPERS. THE COURTS (EMERGENCY POWERS) ACT, 1914 Preliminary. The following Rules under the Courts (Emergency Powers) Act, 1914, shall apply to the County Courts and to the City of London Court, which shall for the purposes of these Rules be deemed to be a County Court. These Rules may be cited as the County Courts (Emergency Powers) Rules, 1914, and shall come into operation on the 25th day of November, 1914. These Rules shall be read and construed with Rules 1 and 2 of the Courts (Emergency Powers) Rules 1914, dated the 8th of September 1914 (herein called the Principal Rules); and expressions used herein shall have the same meaning as in those Rules, which are for convenience of reference prefixed to these Rules, and shall in their application to the County Courts and to the City of London Court have effect subject to the modifications contained in these Rules. On the coming into operation of these Rules the Principal Rules (with the exception of Rules 1 and 2), so far as they relate to the County Courts and the City of London Court, and the Additional Rules for County Courts, dated the 15th of October, 1914, shall be annulled, without prejudice to anything already done thereunder; and these Rules shall apply to all proceedings pending under the said Principal and Additional Rules on the day when these Rules come into operation. THE COURTS (EMERGENCY POWERS) RULES, 1914, 1. In these Rules The expression "the Act" means the Courts (Emergency Powers) Act, 1914; The expressions" paragraph (a)" and "paragraph (b)" mean respectively paragraph (a) and paragraph (b) of sub-section (1) of section 1 of the Act; 66 The expression 'creditor" means any person who has obtained or is seeking to obtain any judgment or order for the payment or recovery of a sum of money to which paragraph (a) applies, or who is (apart from the provisions of the Act) entitled to enforce any of the remedies mentioned in paragraph (b); and the expression "debtor" has a corresponding meaning. The expressions "application" means an application to the court under section 1 of the Act. 2. (1) For the purposes of paragraph (a) the court to which application is made shall be the court by which the judgment or order for the payment or recovery of a sum of money has been given or made or in which it is being sought. (2) For the purposes of paragraph (b) the court to which application is made may be (a) in any case whatever, the High Court; (b) alternatively, in cases where the value of the subjectmatter (as hereinafter defined) of the application does not exceed one hundred pound, the County Court; and (c) as a further alternative, in the case of distress for rent where the amount of the yearly rent does not exceed twenty pounds, or in cases where it is sought to enforce either the lapse of a policy to which sub-section (1) of section 1 of the Act applies, or a hire-purchase agreement the original liability on which does not exceed twenty pounds, a court of summary jurisdiction. (3) For the purposes of this Rule, the value of the subjectmatter of an application shall be deemed to be in the case of an application for leave to levy distress, the amount for which distress is proposed to be levied ; in the case of an application for leave to take, resume, or enter into possession of any property, or to exercise any right of re-entry, the amount of the sum sought to be recovered; in the case of an application for leave to foreclose, or realise any security, the amount of the principal sum secured; in the case of an application for leave to forfeit any deposit, the total amount payable in respect of which the deposit has been made; and in the case of an application for leave to enforce the lapse of a policy of insurance to which sub-section (1) of section 1 of the Act applies, the amount ultimately recoverable under the policy. (4) Applications shall, in the absence of special circumstances, be made to a County Court or to a court of summary jurisdiction, as the case may be, where application to such a court is permitted by this Rule. The court may order any increased costs occasioned by disregard of this sub-rule to be borne by the applicant. Where an application is made to the High Court which in the opinion of that court ought to have been made to a County Court or to a court of summary jurisdiction, the case may, if thought fit, be remitted or transferred to the proper court; and where an application is made to a County Court which in the opinion of that court ought to have been made to a court of summary jurisdiction, the County Court may remit or transfer the case to a court of summary jurisdiction. Applications under Paragraph (a). 1.-(1) In cases under paragraph (a), where no judgment or order has been already entered or made, application for leave to proceed to execution on or otherwise to the enforcement of the judgment or order may be made at the time when the judgment or order is entered or made: Provided that unless the debtor is present, either in person or by his solicitor, or by some person allowed by the court to appear for him, at the time when the judgment or order is entered or made, the application shall not be entertained unless the creditor shall have served on the debtor a notice according to the form in the Appendix of his intention to make the application. [E.P., 3 (2).] (2) Any such notice as in the preceding paragraph mentioned may be annexed to and served with the summons or other document originating the proceedings; or it may be served at any later time, not being less than two clear days before the judg ment or order is entered or made, unless in any case the court gives leave for shorter service. [E.P., 3 (3).] (3) Any such notice, if it is to be served otherwise than with the summons or other document originating the proceedings, shall be served in accordance with the practice of the court as to service of notice of an interlocutory application. [E.P., 3 (4); A R., 2.] (4) Provided as follows :— (i.) Notice of intention to apply under this rule shall not be served unless the creditor intends to apply at the time when the judgment or order is entered or made for an order for payment forthwith, or within fourteen days from the date of the judgment or order. (ii.) Where any such notice is served, and an order is made for payment of a sum not exceeding twenty pounds, exclusive of costs, by instalments, or within a period longer than fourteen days from the date of the judgment or order, instead of an order for payment forthwith or within fourteen days, no costs of the notice shall be allowed against the debtor. (iii) In any case in which an order is made for payment by instalments, or within a period longer than fourteen days from the date of the judgment or order, either after notice has been served, or without notice having been served, leave to proceed shall not be given at the time when the judgment or order is entered or made: but in any such case, if default is made in payment, the creditor may proceed in accordance with Rule 2. [New.] (5) Where leave to proceed is given at the time when the judgment or order is entered or made, and default is made in payment, a warrant of execution may be issued without further leave; or the creditor may proceed in accordance with Rule 2. [New.] 2. Where a judgment or order has been entered or made, and leave to proceed is not given at the time when the judgment or order is entered or made, the following provisions shall apply if default is made in payment, viz. : (i.) The creditor may issue a judgment summons in accordance with Rule 3, or a garnishee summons in accordance with Rule 5. (ii) If the creditor desires to apply for leave to proceed in any other way, he shall serve on the debtor a notice of his intention to apply for such leave, according to the form in the Appendix: Such notice shall be deemed to be a notice of an interlocutory application, and shall be served in accordance with the practice of the court as to service of notice of an interlocutory application. [Substituted for EP., 3 (1, 4); A R., 2.] Judgment Summons and Order of Commitment. 3.-(1) A judgment summons may be issued as heretofore: Provided that there shall be annexed to such summons and served therewith a notice according to the form in the Appendix, and the indorsement or affidavit of service shall state that the notice was so served. [A.R., 1.] (2) Paragraph 1 of Rule 2 of the Principal Rules shall not apply to any case in which a creditor desires to issue a judgment summons under Order XXV., Rule 29 or Rule 30, of the County Court Rules in a court other than the court in which the judgment or order was obtained. [A.R., 1.] 4.-(1) Where an order of commitment is made on the hearing of a judgment summons served with a notice annexed thereto in accordance with Rule 3, the following provisions shall apply (a) The order of commitment may be issued without further leave, unless the execution of the order is suspended for twenty eight days or longer, pursuant to Order XXV., Rule 46, paragraph 2, of the County Court Rules. (b) If the execution of the order is suspended for twentyeight days or longer, liberty may be reserved to the creditor to apply under the notice already served, without payment of a further fee, for leave to issue the order; and the judge may on application so made on notice to the debtor served in accordance with Rule 2, paragraph (ii.), give leave accordingly. [New.] (2) In any other case an order of commitment made before or after the passing of the Act shall not be issued without leave of the judge granted on application made on notice served in accordance with Rule 2, paragraph (ii.). [New.] Attachment of Debts. 5.-(1) A garnishee summons may be issued as heretofore Provided that a notice according to the form in the Appendix shall be substituted for the notice which is by Order XXVI., Rule 4b, of the County Court Rules required to be served on the judgment debtor with a copy of the garnishee summons. (2) The provisions of these Rules as to applications for leave to proceed under paragraph (a) shall apply to applications for leave to proceed on any judgment entered or order made against a garnishee; and for the purposes of any such application the garnishee shall be deemed to be the debtor, and the forms in the Appendix shall be used with such modifications as may be necessary to adapt them to the case of a summons issued or a judgment or order entered or made against a garnishee. (3) Paragraph 1 of Rule 2 of the Principal Rules shall not apply to any case in which a creditor desires to issue a garnishee summons under Order XXVI., Rule 2, of the County Court Rules against a garnishee who is not within the jurisdiction of the court in which the judgment or order was obtained. [New.] Execution against Goods. 6.-(1) An application for leave to issue execution against goods, if made at the time when the judgment or order is entered or made, may, where the judgment or order is entered or made by the registrar, be made to him, subject to the provisions of Rule 16. (2) An application for leave to issue execution against goods, if made after the judgment or order has been entered or made, may be made to the registrar, subject to the provisions of Rule 16. [A.R., 3.] Appointment of Receiver. 7.-(1) These Rules shall not affect ex parte applications for the appointment of receivers; but if an order is made on any such application it shall be an interim order only (with or without an injunction), and such order shall be served on the debtor in accordance with Rule 21. (2) A final order for the appointment of a receiver shall not be made unless notice of the intention of the creditor to apply for such order, according to the form in the Appendix, has been served on the debtor in accordance with these Rules. [New.] Other Applications for Leave to proceed. 8. Any other application for leave to proceed under paragraph (a), not in these Rules provided for, shall be made to the judge. [A.R., 3.] Applications under Paragraph (b). 9. Rule 2 of the Principal Rules shall have effect subject to the following modifications, viz. :— (a) An application for leave to take, resume, or enter into possession of any property, or to exercise any right of re-entry, may be made to any county court where (i) the amount of the sum for enforcing payment or recovery whereof, or in default of payment or recovery whereof, the remedy is sought to be enforced, does not exceed one hundred pounds; and (ii.) In the case of lands, tenements or hereditaments, neither the value of the premises nor the rent payable in respect thereof exceeds one hundred pounds a year. (b) An application for leave to foreclose or to realise any security may be made to the County Court where the amount of the principal sum secured does not exceed five hundred pounds. [New.] |