« EelmineJätka »
At a meeting of the Flintshire Standing Joint Committee on the His Honour Judge Bacon, whose wise and witty sayings on the Bench 14tb inst. there were seventeen oandidates for the office of Clerk of gave him a reputation scarcely second to the late Mr. Commissioner the Peace and clerk of the county council. Mr. Henry A. Tilby, of Kerr, of the City of London Court, on one occasion, by a mistake of Rhyl, a member of the county council, and formerly Unionist can. the reporters, was the subject of severe strictures in the Press. The didate for Flint Boroughe, was appointed by a majority of two votes judge was examining a dooument which the reporters stated His over Mr. Kelly, solicitor, of Mold, son of a former clerk of the peace Honour described as "cursed Hebrew." This apparent indignity to for Flintshire.
the sacred language was visited by indignant reprobation, until His M. Perrier, the French Minister of_Justice, narrowly escaped a
Honour explained that what he did say was that the document was gerious accident on the 9th inst. M. Perrier was motoring with his
written in" cursive Hebrew." The late Mr. Baron Dowse, of tho private secretary, M. Ruffis, in the Avenue du Bois de Boulogne, near Irish Court of Exchequer, who, like Judge Baron, was a renowned the Avenue Malakoff, when his machine was run into by another
humorist, once stated in court that country justices might as well car. No one was injured, but M. Perrier and M. Roffis were slightly be asked to write a Greek ode as to state a case without assistance. cut by fragments of glass. They declined proffered assistance, and It was stated in the Prese, and repeated in the House of Commons, drove to the Minister's residence, where their injuries received
that the learned Baron had said that country justioes might as well attention,
be asked to ride a Greek goat as to state a case without assistance, Lord Salisbury, wbo has been chairman of the Hertford Quarter
Mr. Baron Dowse took an early opportunity of correcting the error. Sessions for the last fifteen years, announced to his brother justices
The career of the late Judge Bacon and of his father, the celebrated on Monday his intention to resign bis position at once. He said that
Vice-Chancellor Bacon, present a curious parity in circumstance to he regretted very much taking this step, but in view of his many
the career of the late Judge Lefroy and of his father, Thomas Lefroy. public duties be felt that the pressure of modern life was so great
Lord Chief Justice of Ireland. Judge Bacon was, like Judge Lefroy, that it was decessary for him to diminish some of the burdeng. Mr. the County Court judge of the county Down, who died when in the Delmé Radoliffe and Sir George Fordham expressed the regret of the
advanced eighties, in 1891, the doyen of the County Court Bench. court at losing the services of Lord Salisbury, and Mr. Forrest Fulton He was, moreover, the son of a judicial personage who had been also expressed the regret of the Bar.
advanced from one position on the Bench to a post of higher grade, Mr. James Bell, solicitor, after fifty-five years' service, has resigned
who eat for years on the Bench after his son's promotion to the
County Court Bench, and who lived till he had entered on his ninetyhis appointment as clerk to the Surbiton District Council. For
sixth year. So, too, His Honoor Judge Lefroy was for years & County upwards of thirty years he was registrar of the Kingston County Court,
Court judge, while his father, the Right Hon. Thomas Lefroy, who and was the clerk to the Kingston county magistrates for fifty-three had been & Baron of the Exchequer in Ireland, was holding the yésrs. He was also the olerk for many years to the Old Kingston
position of Lord Chief Justice of Ireland, from which he retired in Highway Board, and to the Lower Thames Valley Main Sewerage Board. Mr. Bell is in his eighty-sixth year, and was admitted in the
1866 in his nioety-second year, living till he had entered on his
ninety-fourth year. Michaelmas Term 1847. It is hoped he will enjoy his well.earned rost.
Lord Alverstone presided over the dinner given on Wednesday at Mr. Patrick Rose-Iones, the Recorder of Sandwich, was leaving
the Hotel Cecii by the Concert Goers' Club (in connection with the London recently with bis wife, and on arrival at St. Panoras Station
Playgoers' Club) to Mr. J. A. Fuller-Maitland on the occasion of his
retirement from the post of musical critic of the T'imes. In pro. his valise, containing a quantity of jewellery, and his great coat were placed in the corner of a compartment. Having a few moments to
posing the health of the guest of the evening, Lord Alverstone said spare before the departure of the train, he walked up the platform
that perhaps his only qualification for giving it was that for many with his wife to buy some papers, and on his return to the carriage
years now he himself had been criticising other people. In that found that the valige and great coat had disappeared.
instance, however, he was in no fear of his judgmeni being taken to He values
the Court of Appeal or to the House of Lords. Mr. Fuller-Maitland the jewellery at over £60. Information has been given to Scotland
had done splendid work for the art of music, and his works on Yard, but no trace of the missing property has yet been dis.covered.
Schumann and in Grove's Dictionary were as well known as his
criticisms. He criticised freely, and mostly well, but, like judges, A large attendance of the publio witnessed in the Cour des comptes critics occasionally made mistakes, and no man was fi.ted for much in Paris on Saturday last the quaint ceremonial of the official instal. in this world who did not sometimes make a mistake. lation of two conseillers référendaires, MM. de la Bea ungerie and
The Whitechapel County Court sat on the 13th inst, for the first Cbotard. The full court-one of the most ancient of the French
time siace the death of His Honour Judge Baco a. Mr. Alan judicature-sat en robe, and the ceremony was according to the usage Macpherson, who is acting as deputy judge, addressing those present, prescribed by Francis I. in 1522. The investiture was made by
eaid they had to mourn the loss of a conscientious man. Their judge MM. Henri, the first President, and Payelle, tbe Procurator General,
was not a man who cared for high-sounding phrases or extravagant after the presidential decree had been read by M. Laurent, the olerk
language. He deprecated such a thing; but they could speak about of the court. MM. de la Beausserie and Chotard then took the pre- him without being afraid of u:ing superlatives when they said that scribed oath by which they promised to guard religieusement le he brought to his work the very highest ability and sympathetic secret de leurs opérations et à se conduire dans toutes les occurrences
knowledge. He was filled with a tireless determination that no en nobles et dignes magistrats.”
suitor who came to the court should go away until his case had been The French Academy of Sciences has awarded the François-Joseph dealt with satisfactorily, and, however great the task was, to ensure Audiffred prize of the value of 15,000 francs (£600) to M. l'Abbé that his duty had been faithfully done. He had many personal Rousset, of the Asylum of Saint Leonard, at Couzon, near Lyons. friende, and it was because of his faithful discharge of his work that The abbó has spent his life in rescue work among discharged they were all muved with sorrow that day by his death. prisoners. All who are anxious to retrieve their character
The Treasurer, Mr. Justice Bray, and the Masters of the Bench received into the asylum without any distinction ag to
entertained at dinner on Wednesday, the Grand Day of Trinity Term, creed. Within the walls are to be found Catholics, Protestants, and the following guests : The Earl of Harrowby, Lord Mersey, the Master Israelites. Since the home was started Father Rouseet has received of the Temple, Sir Jobn Thursby, Sir W. H. Hyndman Jones, Chief at St. Leonard's 3300 ex-convicts, and by precept, example, and Justice of the Straits Settlements, Sir A. R. Stenning, Mr. Justice instruction has succeeded in thoroughly reclaiming over two-thirds Davidson, Ms. Justice Chadwick, Canon Edgar Sheppard, Judge Bray, of those who have entered. The discipline in the home is said to be Mr. H. J. Johnson, President of the Law Society, Mr. George Mac. severe, but not vexatious. The proceedings in the committee of the millan, the Rev. the Reader, and the sub-Tio se urer. The following Academy are private, but the Gaulois has good reason for saying that Masters of the Bench were also present: The Earl of Halsbury, Mr. the prize, in this instance, was awarded unanimously.
Justice Grantham, Mr. Justice Channell, Mr. R. A. Bayford, K.C., Mr. The funeral of His Honour Judge Bacoo took place on Wednesday J. M. Moorsom, K.C., Sir Francis Maclean, K.C., Mr. E. M. Underat Paddington Cemetery, Willesden-lane. The body was taken from
down, K.C., Mr. A. J. Ram, K.C., Mr. G. Boydell Houghton, Sir 1. Lancaster-gate-terrace, to St. James' Church. Paddington, where
Joseph Leese, K.C., Lord Robson, Mr. Justice Bankes, Mr. J. H. the first part of the service was held by the Rev. A. W. Bedford,
Etherington Smith, Sir Edward Davidson, K.C., Mr. Atherley.Jonee, vicar of St. John the Evangelist, Upper Norwood, who also read the
K.C., M.P., Mr. S. A. T. Rowlatt, Mr. A. D. 0. Wedderburn, K.C., Mr. words of committal at the graveside. The lesson was read by
Ernest Page, K.C., Mr. A. G. Rickards, K.C., and Mr. E. Marshall. Canon Beeching, preacher at Lincoln's ing. The chief mournere
Hall, K.C., M.P.
The Court of Common Council at its meeting at the Guildhall on Miss Lawrence and Mrs. Bedford (nieces). Mr. Harry Gordon the 8th inst. adopted a motion expressing to the Commissioner of Clark and Mrs. Gordon Clark (niece), Mr. James Bacon (nephew) Police of the Metropolis its high appreciation of the services rendered and Mrs. James Bacon, Miss Bacon and Miss Isabel Bacon (nieces), by the Metropolitan Police in connection with the murder of City Mr. Walter Bac n (nephew), Mr. Campbell Giffard and Mrs. Campbell
constables in Houndeditob. A report was brought up from the Giffard (piece), Mrs. Wells (niece), Mies Wells and jas Honour Wells Police Committee with reference to claims, amounting in the aggregate (grand-pieces), Mr. Walter Giffard (grand-nepbew), and the Misses
to £2193 68., in connection with the attempt to arrest armed aliens in Giffard (great-nieces), and Miss Norton and Miss Charlotte Norton Sidney-street, Stepney. The report recommended, as the result of (great-pieces). There were also present the Rev. G. F. Eyre (rector investigations by the board appointed by the Home Secretary, that of Compton Beauchamp. Shrivenham) and Dr. Macnamara, of Shriven- the total amount awarded be £533 03. 2d., the payments to be made ham, members of the staffs of the Bloomsbury and Whitechapel by the Receiver of the Metropolitan District, à moiety being after. County Courts, Viscount Barrington, Lady Mersey, Lady Mathew,
wards repaid out of the City Police Fund, the sum of £87 109., oneSir Cameron Gull, Sir William Selfe, Sir Thomas Snagge, Judge Roberts
half of the amount awarded to the owner of 100, Sidney-street, being and Mrs. Roberts, Sir Trevor and Lady Lawrence, Sir Arthur Birch,
retained until the rebuilding of the house was completed. It was Mr. S. Buchdill, Mr. P. Harris, M.P., Mr. Horton-Smith, K.C., Mr.
distinctly stated in all cases the amounts agreed upon were given as W. D. Rawline, K.C., the Rev. E. H. Pearce, and the Rev, John an act of grace and without any admission of liability. The report Harrington (Lincoln's-inn),
аге race ог
At the opening of the Shoreditoh County Court on the 13th inst., His Honour Judge Bray mada reference to the lamentable loss the Bepoh bad sustained by the death of His Honour Judge Bacon. "I have known bim," he said, “a good many years, and have practised before him. For five years I have had tho honour to be his colleague on the Benoh, besides enjoying his personal friendship. Ho was always a delightful companion, with the kindest of bearts, & keen sense of humour, and a map of great culture. As a judge he had the qualities which go to make the good jadge-in particolar, he possessed a faculty, for which I have always envied him, of beiog able to gauge the truthfulness or untruthfulnes of a witness, and this is, after all, the most important quality in judge ; if we go wrong in our law we can be corrected, but our decision on the facts, if wrong, cannot be remedied. His death is a great loss to the Bopch, to those who praotised before him, to suitors, and to all his personal friends."
Mr. Justice Bapkes beld the Flintshiro Assizes in the town of Mold on the 10th inst., this being his first appearance as judge in his native county... In charging the grand jury ho said his asecciation with that building was very close and very peouljar. Ho had no doubt his grandfather, both as Justice of Common Pleas and as Chief Justice, must have presided in that court as judge of assize, and probably oooupied that very chair. It was a curious fact that since his death oo member of the North Wales Circuit had been appointed a judge till he was appointed last year
Certain it was that for very near half a century the offices of chairman and deputy chairman of quarter sessions in that county bad been held by members of his family-by his late father, by his lato uncle, by himself, and now, also, by his brother-in-law. He himself had occupied almost overy position that man could occupy in that court. He had attended there as a spectator when bo was a small boy ; ho practised there as a barrister when be first began his professional career ; he had sat there as a magistrato; ho had presided over that court both 28 deputy chairman of quarter sessions and chairman of quarter sessions and chairman of the licensiog authority.
From a decision given recently by the Tribunal at Havre, it would Beom that a train may be stopped with greater impunity than in this country. M. Cbouzet, a merchant of Havre, was cited for stopping a train without lawful excuse. On the 18th Jan. last M. Chouzet, who had a bad cold, was making the journey from Paris to Havre by the night train. The compartment in which he bad taken bis place, be discovered after the train bad started, was not heated. The neighbouring carriages were in the same condition. When the train stopped at Vernon, he lodged a complaint with the guard in & polite manner. The guard's answer was to slam the door in M. Chouzet's face, and to restart the train. The passenger was angry, and he determined to pull the sonnette d'alarme. Wonderful to relate, says the contemporary from which we take the report of the caso,
the apparatus was in working order.” The train pulled up, and M. Chouzet repeated his complaint. That he was cold, and had a cold, was not in the opinion of the guard a motif valable which justified bis using ‘be alarm signal. The railway authorities took the samo view, bence M Chouzet's appearance in court. Tho Tribunal, however, bas decided differently and bas acquitted M. Chouzet, holding that intense cold might justify the use of the alarm.
Tho geoond and third rounds of be Bar Golf Tournament were decided in glorious weather on the Prince's Club's links at Sandwich on the 8th inst.. leaving sixteen players to take part in the fourth round. In the second round, the Hon. Mr. Justice Scrutton, after starting indifferently, beat Mr. H. Previté by 4 and 3. The latter was in receipt of 4 strokes. Mr. N. Micklem and Mr. H. Terrell were K.C. wbo won their matches, Mr. Mick lom (handicap 8), boat Mr. E. G. Rand (plus 3) by 4 and 3. Mr. H. W. Beveridge (plus 4), after standing 3 down at the turn, beat Mr. H. Brandon (7) by 2 holes. Delightful weather again provailed on the 10tb, when the semi.fioal and final rounds were decided. The result was a win for Mr. H. W. Beveridge, wboso handioap of plas 4 constituted him the heaviest penalty carrier in the competition. Ho defeated Mr. G. P. Langton, handicap 6, by 2 boles, in the deoiding round. Some of the best golf of the day, however, was witnessed in the matoh between Mr. Beveridge and Mr. D. M. Smith (plus 1), last year's wipper, in the semi-final. The other match in the semi-final was between Mr. Sylvain Mayer. (8) and Mr. Langton, the last named wipoing by 4 and 3. Results : Semi-Final: Mr. H. W. Boverid go (plus 4) beat Mr. DM. Smith (plas 1) by 2 and 1. Mr. G. Þ. Langton (6) beat Mr. Sylvain Mayer (8) by 4 and 3. Final: Mr. Boveridge beat Mr. Langton by 2 boles.
A writer in the lay Press mentions the fact that Lord Lindley is tho last of the serjeants-at-law, from wbom at one time judges were chosen. In dayı gone by, the practice was rigidly observed of the appointment of judges from tho praotising gerjeants.at-law. Gradu. ally, bowever, there was a departure from this practice. Judges were seleoted from other than those belonging to the Order of the Coif, tho seleoted judge being first called by writ ad statum ef gradum servientis ad legem and soon afterwards appoioted to the judgeship by letters deguribing bim as servientem ad legem. The system of making the apprentice of the law to be serjeant and Judgo uno saltu originated in 1572, when Robert Monson was so appointed by Queen El.za beth. The innovation was supported by Boveral acts of Parlia.
Thus an Act wu8 required to ona blo the selected judges to go through the formality of being called to the Coif in vacation 159 Gto. 3, c. 113). Another special Act of Parliament to authoriso the damos of Queen's Counsel 18 well as those of serjeants-at-law to be inserted in the com miesions of assize (13 & 14 Vict. c. 25). Lord
Lindley, who was appointed to the Bench before the Judicature Act, became a member of the Order of the Coif to qualify for the Bench. Under the provisions of the Judicature Act, no person appointed' & judge of either of the said courts shall benceforth be required to take or to have taken the degree of serjeant-at-law": (36 & 37 Vict. c. 66, s. 88; see also Pulling's Order of the Coif, pp. 39-41 and p. 278). The Order of the Coif is not abolished. Io answer to a question put to the Lord Chancellor in the Parliamentary session of 1877, he replied that there was nothing to prevent the Crown if it were thought expedient to confer the honour and if there. wore members of the Bar who desired that rank" : (Pulling's Order of the Coif, p. 285). In Ireland, the Order of the Coif, the number of whose mombers is confined to three, is still in active existence. The serjeants-at-law are appointed by letters patent, and bave precedenoe at the Bar immediately after the law officers of the Crown. The serjeante-at-law in Ireland are doomed to hold office under the Crown, but in the letters patent the person appointed is. called merely serjeant-at-law.
At the anoual meeting of the London Court of Arbitration, held recently at the offices of the London Chamber of Commerce, Sir Albert K. Rollit was re-elected chairman, Mr. William Gillespie deputy chairman, and Mr. W. J. Eales actiog registrar. It was announced that the City Corporation had decided to continue its support of the court. As showing the infuence of the example set by the Corporation and the Chamber of Commerce in constituting and carrying on the arbitration work the chairman mentioned that he had received communications from the New York Chamber of Commerce stating that the New York Arbitration Committee had re-established. its Arbitration Tribunal, and in so doing had olosely followed the mothods adopted by the London Chamber and the Court of Arbitration. It was also stated that the arbitration clause recommended for insertion in contracts is now being widely used, and there is no doubt that the importance of the questions submitted to arbitration under the court is increasing each year. In addition to the administrative work of dealing with cases submitted, the Arbitration Committee had done much to support International Commeroial Arbitration, and in this connection the Foreigo Office (through the Board of Trade) lent valuable assistance by obtaining information as to the state of the law regarding arbitration in leading foreign countries and the British Dominions and Protectorates.
His Honour Judge Smyly gave his reserved judgment at Bow County Court on the 14th inst. in tho oase of Bully v. O'Connor, which raised a question in connection with the compulsory liquidation of the Twentieth Century Equitable Friendly Society, the decision of wbich was stated to involve 40,000 similar cases. The plaiutiff, Ms. Harold Sully, is the liquidator of the socioty, and he sued J. R. O'Connor, of Caoning Town, a lapsed member of Pride of Canning Town Lodge, for 6s. 20. in respect of the balance of a lovy, fine-, aod proportion of costs of goods supplied to the society before it was woundup. His Honour said that sect. 23 of the Friendly Societies Act provided that the subscriptions of any person being, or baving been, a member of a friendly society should not be recoverable by la oxcept in cases in which the Treasury made oertain exceptions. It would be a peouliar thing if, though subscriptions were not roooverable, levies could be, because lovies were a more special obarge than. subscriptions. That was fatal to the claim. Oo all points the defendant had made good bis defence and there would be judgment in his favour with costs. He would give leave to appeal, subject to the condition that no costs in the court abovo were to be asked for or obtained, as he did not like the idea of a labourer being dragged from court to court.
Lady Finlay, wife of Sir Robert Bannatyne Fiolay, K.C., died op the Ilth inst., at Nairn, from beart failure. Lady Finlay was, before her marriage, Mary Innes, the youngest daughter of the lato Mr. Cosmo Iones, a well-known advocate, of Inverleith House, Edinburgh. She was married to Mr. Robert Finlay, as he then was, in 1874. Ho bad at that time forsaken the practice of medicino-for which ho was educated, and in which he graduated at Edinburgh —for that of the law, and bad seven years earlior been oallod by the Middle Templo, of which he is a Benober. He represonted in the House of Commons the loverness Barghs from 1885 to 1892, and
from 1895 to 1906, and in Jan. 1910 was eleoted for the two universities. Sir Robert was Solioitor-General to the Conservativo Government from 1895 to 1900, becoming in the latter year Attorney-Genoral, through the elevation of Sir Richard Webster (now Lord Alverstone) to the Lord Chief Justiceship. Lady Finlay's father was an historian, as well as an advocate. Her mother was a daughter of the lato Colonel Hogh Rose, of Kilravook. She was thus a descendant of two of the oldest Scottish families, the lones family having settled in Morayshire in the twelfth contury, and the Rolos of Kilravook und Geddes in Nairpsbiro, in the middle of tho following contury. Lady Finlay's devotion to her husband, Sir Robert Finlay, in his distinguished career was conspicuous, and she took an active part in bis Parliamentary contests, particularly in the lavorness Burgho, which Sir Robert represented for nearly twenty years. The funeral took placo at Nairn on Thursday.
The War Office has issued a 'report on the Discipline and Management of Military Detention Barracks and Military Prisons in 1910. It states that in consequence of the continued decrease in the numbes of admissions into military detention barraoks and prisons, the following establishments were closed during the year : _Curragh Military Prison and Chatham Branch Detoution Barrack. The daily averago population of Regular soldiers in military detention barracks and prizons in 1910 698 379 at home and diretj ?x abroad (exclud.
ing India), a total of 475, being in the proportion of 27 per 1000 of the average strength of the army, as compared with 33 in 1909. The number of soldiers received into military detention barracks and prisons under sentence of detention and imprisonment by command. ing officers and courte-martial was 174,985 at home and abroad (excluding India), as against 175,810 in 1909, the percentage being 4:11 in 1910, compared with 58 in the preceding yoar. In addition there were 508 Special Reservists, sixteen Territorials, 385 seamen and marines, and nineteen soldiers of local units abroad received under various sentences. The number of soldiers received into civil prisons jo the United Kingdom (including those from the Colonies and lodia) during the year was 794, and of that total 115 remained on the 31st Dec. last, including twenty-throo under sentence of penal servitude. A further reduction in the establishment of military detention barracks and prisons bad been made, resulting in a decrease of £1000 in Voto 1 of the annual Army Estimates.
NOTES OP RECENT DECISIONS NOT
HOUSE OF LORDS. Employer and Workman-Compensation-Dependant-Partial Depen.
dency-Principle on which Compensation assessed—Workmen's Com. pensation Act 1906 (6 Edw. 7, c. 58). —A boy living at home was killed by an accident. His wages were paid to his father, and helped to support the family, but they were not more than sufficient to pay for his maintenanoe. The father drove an engine at a colliery, and supplemented bis earpinge by carrying on the trado of a barber in wbich the deceased boy assisted him. Held, that the father was partially dependent on the boy's earnings, and that in estimatiog the loss to the father, and the amount of com. pensa tion payable by the employers, the cost of his maintenance and the value of bis services at home ought, to be taken into consideration. Judgment of the Court of Appeal (103 L. T. Rep. 782 ; (1911) 1 K. B. 341) affirmed with a variation.
(Tamworth Colliery Company v. Hall. H. of L. Juno 13.-Counsel : C. A. Russell K.C. and E. W. Cave ; Hugo Young, K.C. and H. Joy. Solicitors: Ullithorne, Currey, and Co., for 0. F. Elliot Smith, Mansfield; Sharpe, Pritchard, and Co., for Hughes and Masser,
Coventry.) Practice-Oosts—_Taxation-Non.contentious Business — District Regis.
Irar of Manchester - Jurisdiction-Solicilors Act_1843 (6_& 7 Vict. c. 73), 8. 37.--The registrar of the Manchester District Registry is not the proper officer of the court to whom a bill of costs relating
to non contentious business can be referred for taxation under | seot. 37 of the Solicitors Act 1843; but the ta zation ought to
take place in the taxing office of the Supreme Court. Judgment of tho Court of Appeal (103 L. T. Rep. 12; (1910) 2 K. B. 713) affirmed.
(Stead v. Smith. H. of L. June 13.-Appellant in person ; counsel for the respondent, Peterson, K.C. and A. St. John Clerke. Solicitors: C. P. Fielder, Le Riche, and Co., for A. J. Stead, Manchester ; Francis M. Jeboult.)
decided by Mr. Registrar Giffard that the objection must bo oror. ruled, and he made a receiving order against the debtor. The debtor appealed. Held, that a notice directing payment of a judg. ment debt either to the creditors or to tbeir solicitor was not a potice requiring payment in aocordance with the torms of the judgment as prescribed by sect. 4 () of the Bankruptoy Act 1883. Appeal allowed.
[Re A Deblor ; Ex parte the Deblor (No. 305 of 1911). Ct. of App. : Cozens.Hardy, M.R., Buckley and Kennedy, L.JJ. May 19 and 26. -Counsel: for the appellant, Clayton, K.C. aod Frank Mellor; for the respondente, Hansell. Solicitors : for the appellant, Linklaters,
Addison, and Brown ; for the respondents, Spyer and Sons.] Bankruptcy-Receiving Order-Bankruptcy
Notice-Validily-Judgment Debl-Income Tox-Deduction-Income Tax Act 1842 (5 & 6 V'ict.c. 35). 8. 102-Income Tax Act 1853 (16 d 17 Vict. c. 34), 8. 40.-A bank. roptcy notice required the debtor to pay the amount of a judg. ment debt recovered in the King's Beach Division with interest thereon at the rate of 4 per cent., no deduction being made from the interest for income tax. Held, that interest on a judgment debt is not “yearly interest,” and the bankruptcy notice was valid.
(Re Thomas Cooper. Ct. of App: Cozens. Hardy, M.R., Buckley and Kennedy, L.JJ. May 29. Counsel : Cloyton, K.C., and À.
Cairns ; Rowlatt. Solicitors : Farmans ; Crosley and Burn.) Employer and Workman - Accident — Compensation–Recovery-Ter.
mination of Agreement --Subsequent Death of Workman-Right of Dependants to claim Compensation-Workmen's Compensation Act 1906 (6 Edw. 7, c. 58), s. 1, sub.8. 2 (6).--The fact that the judge terminated the employer's agreement with an injured workman on the ground that the latter had recovered from the effect of the acoident does not prevent the workman's dependants after his death from claiming compensation under the Workmen's Compensation Act 1906, for the depondants have a right of their own which arises under the Aot, separate and independent of that of the workman in the event of bis deatb, though the employer is entitled to credit for cortain sums paid to the workman. Williams v. Vauxhall Colliery Company (97 L. T. Rep. 559 : (1907) 2 K. B. 433) and Howell • Bradfoid and Co. (104 L. T. Rep. 433) followed.
(Jobson v. W. Cory and Sons Limited. Ct. of App. : Cozens. Hardy, M.R.. Buckloy and Kennedy, LJJ. May 31.-Counsol : Tobin, K.C. and 8; W. M. Knight ; McCall, K C. sod Lever
Solicitors : W. Daybell ; Haynes, Robinson, and Co.) Employer and Workmin-Death caused by Accident - Compensation
Claim by Dependant—" Accident arising out of and in the Course of the Employment”—“ Serious and wilful Misconduct"-Workmen's Compensation Act 1906 (6 Edw. 7, c. 58). 8. 1, sub-8. 2 (c).-AR arbitration under the Workmen's Compensation Act 1906 was requested between the widow of a deceased workman and his employers as to the liability of the latter to pay com pensation uoder that Act to the applicant as a dependant of the formor in respect of the injury caused to her by his death through an “acci. dent arising out of and lo the course of the employmeat” of the deceased. The deceased was a collier, and his ordinary work was to bew coal. The seam of coal upon which he was engaged was on a somewhat steep slope. It was worked upwards. There was & good deal of gas collected in what was called the “ top bolo.” In order to get rid of this gas, and to enable the coal to be safely worked, the deceased, with another man, H., were taken away from their ordinary work and employed at so much an hour to work in a “bogoy,” which was a passago cut through the seam above the “ top hole" in order to drill a hole into the “ top hole " so as to let out the gas. This was a difficult task, because of the uncertainty whether the hole which was being drilled was in the right direction ; otherwise it would be quite usoless. The " top hole" itself was notified as dangerous, and two pieces of wood in the shape of a cross were placed at the entrance to warn colliers. The overman was asked by the deceased whether he might safely go into the “top bole" to ascertain the direction of the drill. The overman replied in the negative. Not long after the deceased went to the “ top hole,” not for the purpose of getting coal there, but simply for the purpose of ascertaining the direction of the drill hole when H. knocked the drill from the "bogey.” While thus in the top hole" the deceased was affected by the gas and died. The caso came on to be heard at the County Court of Glamorganshire holden at Bridgend, when it was decided by the learned County Court judge that although the deceased was guilty of "serious and wilful misconduct" in going into the “top hole,” his dependant was uevertheless entitled to an award uoder the Act. The employers appealed. Held (dissentiente Buckley, LJ.), that although the deceased was guilty of " serious and wilful misconduct" in eatering the “ top hole.” he did so, not with the object of working there, but with the view of assisting the drilling operations, and therefore his employers were liable to pay compensation to bis dependant, Appeal dismissed.
(Harding v. Brynddu Colliery Company Limit:d. Ct. of App.: Cozens-Hardy, M.Ř, Buckley and Kennedy, LJJ. May 29, 30, and Jude 2.-Counsel : for the appellants, C. A. Russell, K.C. and Alarold Morris ; for the respondent, Alkin, K.C. and W. Shakespeare. Solicitors : for the appellants, Barlow, Barlow, and Lyde agents for Randall and Co., Bridgend; for the respondent, Smith, Rundell, and
Dods, agents for Morgan, Bruce, Nicholas, and James, Pontypridd.) Employer and Workman-Death caused by Accident - Compensation
Claim by Dependants—" Accident arising out of and in the Course of the Employment"-Risk not necessary or reasonably incident to the
CUURT OF APPEAL. Bankruptcy-Bankruptcy Notice-Validity-Notice directing Payment
of Judgment Debt either to the Creditors or their Solicitor-Payment : not required in Accordance with Terms of the Judgment-Bankruptcy
Act 1883 (46 do 47 Vict. c. 52), 8. 4 (9).-In Aug. 1910 a firm of stook jobbers of the name of Kitchjn, Aylard, and Craddock, who were members of the Stock Exchange, obtained fioal judgment against a debtor in respect of certain Stock Exobange transactions. Shortly afterwards the firm dissolved partnership. In Feb. 1911 a bankruptoy notice was issued to the debtor by the solicitors of
the late firm in the following terms: “ Take notice that witbin i seven days after service of this notice on you, exoludiog the day of such service, you must pay to Kitchin, Aylard, and Craddock, late of 5, Coptball court, in the City of London, stook jobbers, George William Kitobin and Martin Aylard, two of the members of the late firm of Kitcbin, Aylard, and Craddock, now carrying on business in co partnership at 4, Copthall-chambers, in the said city, and Leopold Radcliffe Craddock, one of the members. of the said late firm, carrying on business
io cc.partnership: under the style of J. B. Kennedy and Co., at Pioners' Hall, in the said city, or to their solicitore, Spyer and Sons, of 65, London-wall, in the said city, the sum of £611 133. ld. claimed by them as being the balance due on a final judgment obtained by them against you in the King's Bench Division of this court, dated the 26th Aug. 1910, whereon execution has not been stayed; or you must exouce or compound for the said sum to their satisfaction or the satisfaction of the court. . Spyer and Sone, of 65, London. wall, in the City of London, solicitors suing out this notice, certify that they have full authority to receive payment of the balance of the above-mentioned judgment, and to act for the said Kitobio, Aylard, and Craddock in respect of all matters specified in the above notice." The debtor not having complied with this notioe, a petition in bankruptoy was filed against him in March 1911. The petition was opposed on the ground that the bankruptcy notice did not direct payment in accordance with the terms of the judgment. It was
the residue, such as a life appuity secured by a fund set
[Re Willoughby (deceased); Willoughby v. Decies. Ct. of App. :
Employment-Workmen's Compensation Act 1906,6 Edw. 7, c. 58). 8. 1.-An arbitration under the Workmen's Compensation Act 1906 was requested between the widow of a deceased workman and his employers as to the lia bility of the latter to pay compensation under that Act to the dependants of the former in respect of the injury ca used to them by bis death through an “ accident arising out of and in the course of the employment” of the deceased. The deceased was a labourer employed in the construction of a dock, and, being a member of the night gang, was ordered to go from one part of the dook to another. At about eleven o'clock p.m. the party were proceeding in single file along a path when at a certain point the deceased, who was the last man in the file, exclaimed that he wanted to stop to discharge a natural function. The others went on. The next man to the deceased called out to him, asking him why he was not coming on, and, receiving no answer, went back. and found the deceased's body inside a portion of the structure of a hoist. The deceased could not have got into it by aocident, because there was ample light, there being an electric lamp casting a brilliant illumination on each side. Moreover, the place in which the deceased's body was found was structure of a peculiar nature. He had to stoop down to get into it. The hoist was being worked, and the deceased was crushed between the upper and the lower boards. The case came on to be beard before the County Court of Hampshire holden at Portsmouth before His Honour Judge Gye, K.C., when the learned County Court judge decided that the accident arose “in the course of " the employment of the deceased, because be was goiog from one part of the dock to another by bis employers' directions ; but that it did not arise “out of” his employment. The applicant appealed. Held, that the deceased had no right to expose himself to the extreme danger of going into the boiet, which he could only have done intentionally, and, by doing BO, exposed bimself to a wholly unnecessary and improper risk ; and that the learned County Court judge was justified in drawing the inference that the accident did not arise “out of "the employment, because the risk was not one which was necesgary or reasonably incident to the employment. Appeal dismissed.
(Rose V. Morrison and Mason Limited. Ct. of App. : Cozens· Hardy, M.R., Buckley and Kennedy, LL.J. May 30.—Counsel: for
the appellant, John O'Connor; for the respondents, Walter Frampton. Solicitors : for the appellant, Pattinson and Brewer; for the
respondents, Wadeson and Day, Portsmoutb.) Employer and Workman-Injury by Accident - Compensation—"Accident
arising out of and in the Course of the Employment”-Workmen's Compensation Act 1906 (6 Edw. 7, c. 58), 8. 1. -An arbitration under the Workmen's Compensation Act 1906 was requested between a workman and his employers as to the amount of compensation payable to the former under that Act in respect of the personal injury caused to him by “ accident arising out of and in the course of” his employment. The workman was employed as a watchman at his employers' steel works. In March 1909 he was proceeding to the works between five and six in the morning. He took a route, which he had been in the babit of using for many years, along a footpath which ran across a vacant piece of land and then on to a railway line, the property of the North-Eastern Railway Company, and so on to the works. The property in the vacant piece of land was vested in the employers. While on this footpath, at a distance of little short of a quarter of a mile from the place where he was to go, be slipped on bomo ice and injured his ankle. The case came on to be heard at the County Court of Yorkshire holden at Middlesbrough, when the learned County Court judge was of opinion that the workman bad reached his employers' premises at the time when he met with the accident complained of, and was walking along a footpath through their premises in order to get to his work, and that he was constructively in their employ at the
time. The employers appealed. Held, that the circumstance that the property in the vacant piece of land was vested in the employers was irrelevant, as the workman was not employed on that part of their property ; that the workman had no right to go, and his employers could not confer upon him any right to go, aluog, tho North-Eastern Railway line ; that another route existed by wbicb he had ready access to bis work ; that the case was no different from the case where a workman slipped on the ice on a public road at a distance of a quarter of a mile from his employer's
works; and that an accident which occurred in a field some į quarter of a mile distant, and separated from the premises where
the workman was to work by land over which he had no right to go, could not be deemed to have arisen “in the course of” his employment. Appeal allowed.
(Gilmour 9. Dorman, Long, and Co. Limited. Ct. of App. : Cozens-Hardy, M.R., Buckley and Kennedy, L.JJ. May 30 and June 2.-Counsel : for the appellante, C. A. Russell, K.C. and Dorman ; for the respondent, Douglas Hogg. Solioitors : for the appellants, Williamson, Hill, and Co., agents for H. J. Parrington, Middlesbrough; for the respondent, Tarry, Sherlock, and Co., agents
for Reuben Cohen, Stookton-on-Teee.] Will-Construction—Gift of Residue-Intention - Equality of Portion
Interest-Advanced Children-Period of Distribution. — Per CozensHardy, M.R, : No interest is charged agaiost an advanced child prior to the testator's death; and where the period of distribution of the testator's property is at the testator's death, interest is cbarged against an advanced child from the death and not from the subsequent date at which in fact the distribution takes place ; and if the period of distribution is at the expiration of a period of ascumulation, or of a prior life estate, interest is charged, not from the death, but from the period of distribution; and a charge upon
HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Limitation of Action-Trespa88—Discontinuance and Acquisition of
Possession-Acts of Ownership-Injunction, Real Property Limitation Acts 1833 and 1874 (3 & 4 Will. 4; c. 27, 8. 3; 37 & 38 Vict. c. 57, 8. 1).-In 1895 K. built a wall within 18in. of the boundary (which was the middle lipe of the dry_bed of an ancient watercourse) between his own land and that of R., and thereafter he made do use of the strip of land outside his wall, except occasionally in repairing or altering his wall. There was some evidence that after 1895 R., orbis tepants, grazed cows on the strip. In 1909 R. began to tip rubbish on bis own land and on the strip and against K.'s wall, and K. brought an action for an injunction and damages for trespass. R. contended that K. had discontinued possession of the strip, and that the title to the strip had, under the Real Property Limitation Acts 1833 and 1874, passed to R., who was therefore entitled to tip at any rate on the strip in question. Held, that neither the building of the wall inside the boundary nor the grazing of the strip by the cows of R. or his tenants was sufficient evidenoo of discontinuance of possession of the strip by K.
[Kynoch Limited v. Rowlands. Ch. Div.: Joyce, J. May 2, 3, 4, 5, 6, 8, and 30.—Counsel : Younger, K.C. and D. D. Robertson ; Hughes, K.C. and Sargant; Mulligan. Solicitors: Morris and Bristow, for William Morris, Birmingham; H. Percy Becher, for
Roulands and Co., Birmingham; Cridland and Nell.]
among all the Objects–Subsequent Appointments by Deed to some of
[Re Peel's Seillements ; Biddulph v. Peel. Cb. Div. : Joyce, J. April 6 and June 2.—Couosel: P. F. Wheeler : C. G. Church; Pakenham Law; N. C. Armitage; W. A. Peck. Solicitors : Evans,
Wadham, and Co.; Eardley Holt, Lightly, and Co.]
Kingdom-Public Policy-Protection of Covenantee-Master and
majority of those in his calling. The eummong was taken out with the object of extracting a sum of money as a licence for the use of "armorial bearings.” The dictionary meaning of the phrase seeme to narrow it to the escutcheon of a family, and in that sense it would not apply to such arms as those of the body in question. The summons was accordingly dismissed with costs. The view adopted by the learned magistrate is not surprising, for it has been that entertained for many years by the Inland Revenue and is now contested merely for the sake of squeezing further revenue for local purposes. A decision the other way would have curious results, for those holiday makers who purchase the ld. pots and ornaments bearing the arms of seaside resorts would then be in danger of official demands for licences, and the same risk would be ran by those who wear “blazers" with school or college arms. Those who care nothing for the display of “armorial bearings ” (whether they are or are not entitled to such) may well object to being called upon to pay under such circumstances. Those who find in their display any pleasure can well be left to pay for the
the defendant had acted in breach of it; but, while accepting what was said by Lindley, M.R. in E. Underwood and Son Limited v. Barker (80 L. T. Rep. 306; (1899) 1 Ch. 300) as to the inviolability of trade contracts deliberately entered into, and although a restraint extending over the whole of Great Britain and Ireland is prima facie void, yet the special circumstances alleged, that the plaintiffs would send their canvassers into any locality and that the defen. dant might impart knowledge of the plaintiffs’ methods of business to persons in competition with them, were not snob as to justify the court in imposing so wide & restriction as that asked by the plaintiffs, and the injunction ought not to be granted. Costs of the motion to be costs of the action.
(Stuart and Simpson v. Halstead. Ch. Div. : Eve, J. June 13.Couosel: Patrick Hastings ; Ward Coldridge. Solicitors : Maddison,
Stirling, Humm, and Davies ; W. H. Martin and Co.) Will-Construclion-Devise of freehoid House and Premises-Specific
Description-Subsequent Purchase of Plots of Land-Trustees' Powers of Investment— Preference Stock - Contrary Intention within Meaning of Wills Act 1837, 8. 24-H. E. W., who died on the 30th July 1901, made his will, dated the let Dec. 1885, and, after appointing executors and trustees, devised to his wife, H. W,
All that my freebold house and premises situate at Oakleigh Park, Whetstone, io the county of Middlesex, and known as Anker wyko, and in which I now reside
to hold unto my said wife, hor heire, and assigns for ever,” and devised and bequeathed the residue of his estate to his trustees upon the trusts therein mentioned, with power to invest any part of the trust estate in (inter alia) preference stock of any railway or other company in the United Kingdom. The testator had erected the house called Anker. wyke on a piece of leasehold land (referred to as A) situate on the east side of a road, known as Oakleigh Park, in 1881, which piece of land was conveyed to him in fee simple on the 5th Feb. 1884, and lived in the house from the time of its erection until his death. On
the 31st July 1885 & piere of land (D) on the opposite side of Oakleigh ! Park, but facing Ankerwyke, was conveyed to the testator in fee simple,
and be converted it into a garden and tennis lawn, using it in conjunction with Ankerwyke. On the 3rd June 1898 a piece of freehold land and house known as Woodlands was conveyed to the testator, who fepoed off a portion (B) of this land and used it as a garden in connection with that of Ankerwyke. On the 2nd Nov. 1898 A piece of freehold land adjoining D and directly opposite B (referred to as E) was conveyed to the testator, who erected partly apon it and the land D a stable which he used in conjunction
with his occupation of Ankerwyke. A summons was taken out I by the trustees to determine (1) whether the devise to H. W.
included, in addition to the land A, the pieces of land referred to as B, D, and E: and (2) whether the power to invest in preference stock authorised the purchase of preference shares in companies registered under the Companies Acts. On the first question it was contended on behalf of the residuary devises that the gift to H. W. was limited to the property occupied by the testator at the date of his will, and that the specifio description of the subject matter of the devise showed a contrary intention within the meaning of sect. 24 of the Wills Act 1837. Held, that the words “ in which I now reside” were merely an additional description, and not of pital importance, and that H. W. took under the devise the lands A, B, D, and E. On the second question, reference was made to the Trustee Act 1893, eg. 1 (0) and 150, and the Companies (Consolidation) Act 1908, 8. 41, sub-s. 1 (c). Held, that the trustees had no power to invest in preference shares.
[Re Willis ; Spencer v. Willis. Ch. Div. : Eve, J. June 14.-Counsel : Beaumont ; Cozens Hardy; Luxmoore. Solicitors : Tippetts ; Woodcock, Ryland, and Co.)
The policy of persecution adopted by local bodies in respect of taxation is further exemplified by another case beard by Mr. Curtis Bennett at Bow-street on the 2nd inst. The facts there proved that a London County Council taxation collector called upon a doctor and charged him with failing to pay a carriage licence. After some time the collector was forced to accept the doctor's statement that he had paid it. In so doing, the doctor exposed to the collector's notice a riog upon his finger, and thereupon the collector demanded and was refused payment for a licence for the use of “armorial bearings.” The ring in question had been presented by a grateful patient some twenty years before and bore no heraldic device, but was merely marked by a fancy design on a Scotch pebble. The collector asserted the existence of a garter inclosing a band grasping a spear head, and stated that in his view these were armorial bearings. The learned magistrate dismissed the summons. The question whether some fancy design comes within the ambit of armorial bearings is one not by any means easy to determine. It came up in the year 1896 before the Court of Exchequer, Scotland, in Milligan v. Cowan, and a venient report for English practitioners may be mentioned in 60 J. P. 378. There the dispute raged round å ring on which
lion rampant, surmounted by a crown coronet or other ensign. At the base there was a bar, but no wreath. The question was whether such a device was an“ armorial bearing" within the definition of sect. 19 (13) of 32 & 33 Vict. c. 14, the Customs and Inland Revenue Act 1869. The Lord President beld that the device was an armorial bearing, and the defendant was deemed to be liable, but no reasons are stated. Lord Adam'agreed, and his view seemed to turn on the fact that the device included a heraldic lion on & shield. Lord M.Laren's judgment contains observations of great importance, for he lays it down that to render the user liable it is not essential that an armorial bearing should be in regular form approved by the Heralds' College, still less is it necrosary that it should be authentic. This impiied, in the learned judge's view, that, even if the person using the design or device is not entitled to use it, though it may be the arms of another family, or a device of such a kind as would not usually be recognised in heraldry, still, if it is in fact used, that is sufficient to render the uger liable. From this it is not hard to argue that a legatee of half a dozen spoors bearing some sort of engraved device may well be liablo through his testator's bounty to the appoyance of proceedings, unless he adopt the precautionary measure of eraging them before exposing them to the view of a vigilant local taxation collector. Sarely a little more reasonableness would not be amiss in the construction nowadays being put on the many regulations under which claims are made on the purse of the unfortunate taxpayer.
CRIMNAL LAW AND THE JURIS
DICTION OF MAGISTRATES.
BOROUGH QUARTER SESSIONS. Abingdon, Thursday, July 20
Grimsby, Tuesday, July 4 Bedford, Tuesday, June 27
| Guildiord Monday, July 3, at 10.15 Berwick-upon-Tweed, Monday, June 26 Hythe, Friday, July 7 Birmingham, Monday, July 3, at 11.15 Ipswich, Thursday, June 29 Blackburn, Friday, June 30
Leeds, Tuesday, July 4 Bournemouth, Tuesday, July 11
Leicester, Tuesday, July 18 Bradford, Yorks, Monday, July 3
Lichfield, Wednesday. june 21 Bridgnorth, Wednesday, July 12
Middlesbrough, Saturday, June 21, at 10 Bury St. Edmunds. Monday, July 3 Newcastle-under-Lyme, Thursday, July 6 Chester, Tuesday, June 27, at 10.30 Newcastle-upon-Tyne, Friday, July 7 Croydon, Monday, July 10, at 10
Nottingham, Friday, June 30, a: 10 Derby, Tuesday, June 27, at 10.30 Plymouth, Friday, June 30 Devizes, Monday, July 17
Portsmouth, Thursday, July 13 Devonport, Saturday, July 1
Sheffield, Monday, June 19 Doncaster, Tuesday, June 27
Shrewsbury, Tuesday, June 27. at 10.30 Dover, Monday, June 26
Stoke-on-Trent, Friday, July 7 Exeter, Saturday, June 24
Sunderland, Tuesday, July 1 Faversham, Monday, June 26
Swausea, Thursday, June 23. Folkestone, Saturday, July 8, at 12
Soue weeks ago we referred to the probability that certain county justices would, in regard to applications for occasional licences, not exercise any discrimioation in respect of the circumstances attending individual areas, but would give to each and every such appiisation an unqualified refusal. Our information turns out to be correct, and the result is that, where there should be confidence and good will in arranging the Coronation festivities, there is to be found a very con. siderable friction. It may well be that in urban centres it is desirable to act on a system, but in country districts the circumstances are entirely different, and the police will in many cases find it easier to fulfil their duties if inducement is offered to keep people together on the field to which the occasional licence applies rather than to tempt them to wander about in search of refreshment. Hence it is not quite obvious why the applications for occasional licences, although unopposed by the police, should have been met with guch a universal
The interpretation to be placed on such terms as “armorial bearings ' may differ according to the context. The phrase as used in connection with local taxation was the subject of Mr. Curtis Bennett's careful consideration in a recent summons issued by the London County Council. The defendant, a veterinary surgeon, used note pa per bearing the arms of the Royal Veterinary College, and in so doing
to have merely followed the custom adopted by the ya: t