LEGAL OBITUARY. LAW STUDENTS' JOURNAL. . To SCCRETARIES.-Reports of meetings should reach the office not later than first post Thursday morning to en ure insertion in the current number. Mr. Robert Jous PORCHER BROCGHTON, solicitor, died on the 15th inst. at bis residence at Cbipperfield, Herts, aged ninety four. Born on the 11th July 1816 at Farnham, Surrey, he was the son of Captain Robert Edwards Broughton, who served through the Penin. solir War in the 9th Foot, and was afterwards for thirty-two years a metropoli'an police magistrate. Educated at Harrow, where he was head of the school, and Cambridge, Mr. Broughton road for the Bar, bat eventually became a solicitor, being admitted in 1844, and joining the firm of Messrs. White, Broughton, and Wbite. Ho was for nearly sixty years solicitor to the Coldstream Guarda. He played bis first match for Harrow against Eton in 1832, and so made his first appearanoo at Lord's nearly a month before Alfred Mynd. He was well acquainted with all the great players of those far-off daye, and as he never lost his interest in the game be was in close touch with orioket for over seventy years. Mr. Broughton was one of the founders of I Zingari, and for about sixty years a member of the M.C.C. Com. mittee, as well) as one of the original trustees. He married in 1817 Louisa Diana, eldest daughter of Mr. Charles Heaton Ellis, of Wyddial Hall. Herts, and had seven sons, one of whom is rector of Wýddial. Mr. Broughton was a member of the Law Society, the Law Associa. tion, and the Solicitors' Benevolent Association. Mr. CHARLES SIMPSON SAMUELL, barrister-at-law. died recently in Liverpool, aged eighty.goven. Mr. Samuell was called by the Inner Temple in 1862, and practised on the Northern Circuit for many years. He had formerly acted as deputy stipendiary at Birkenhead and deputy coroner and deputy recorder in Liverpool. THE COURTS AND COURT PAPERS. CAMBRIDGE UNIVERSITY. LAW TRIPOS, PART I. Class I. D. G. Hopewell, Trin. H. (9. E. G. Jarvis, Down. 0. 8. Ziegler, Pemb. J. s. C. Reid, Jesus. Ds O. M. Picciotto, Trin. Class II. H. Haods, Down. (C. Colag, Christ's H. S. Daicbes, Down. J.H. Nottlefold, Trin. W. B. Clarkson, Trin. (T. R. Williams, P-mb. {C. A. Collingwood, Down. M. T. Maung. Lown M. B. A. Cader, Down. Class III. (L. Benks. Christ's A. H Blom, Trin. G. B. Simpson, Trin I. (H. T. Morton, Emm. J. A. H. Smitb, Pemb. 10. E. Stout, Jesus R. F. Dias, Trin. H. W. E. Thomas, Trin. W. S. Waikins, Trin H. A: A. Aziz. Doon. A. F. Blakiston Emm A. T. Bell. Pemb. R. H. Partridge, Pemb. A. L. Fullalove. Pemb. A. E. Reeve, Olare B. B, Lewis, Trin. H. G. K. A. do Janasz, Trin. L. V. Burgoyne Johnson, King's w. Dennos, Christ's J. M. de Freitas, Claro M. J. Susskind, Pemb. Excused the general examination for the ordinary B.A. Degree.I. R. Gower, Trio. H.; H. H. Griffith, Christ's; R. P. Humphrys, Clare; B. L. Muir, Trin.: F. B. Reese, Job.; J. P. Stimson, Pet. Approved for the LL.B. Degree.-Mag. R. T. Jenkine, Trio. ; Ds I. Kaplan, Trin. H. George Long Prize -D. G. Hopewell, Trin. H. The sobools of the men in the first class were: Mr. Hopowell, Nottingham High Sobool ; Mr. Picciotto, St. Paul's ; Mr. Jarvis, St. Paul's; Mr. Beid, Edinburgh Academy. Law TRIPOS, PART II. Class I. D A. Black, Sid SJ. R. Erans, Trin, H. O. W. Darch, Jesus J. M. Naylor Trin. Ds S. H. Smith, Csias. Class II. W. 8. Pemberton. Pemb. E Davies, Job. R. 8. Parkor, Trio. A. K. Game, Cairo R. E, Borrell, Trin. H. N. E. Mayer, Christ's Ds Hl. Farrell, Jesus Ds J. Noil, King's S. A. Ghani, Down. De W. N. Birkout, Emm. DT. Hickman, Bing's Ds C. G. Ainsworth, Down A. Bawlins King's JC Manniog, Caias W. Garrett, ulare Ds A. C. Nichcils, Joh. Class III. C. W. Boots, Emm. 8. N. Goodchild, Jesus Ds M. A. Vanderb, King'* A. R. Inglis, Trin. Do 0. W. W. Greenidge, Down. M. V. Pilisi, Down Ds M. Kanjilal, Down L. E M. Watkios, King's Da M. Macltregor, Caius De F. Broadbent, Cath. De E. J. Miller-Wülia ms, Down. Os S, M, Green, Joh. E. F. Sayers, Job. Ds 0. Western, Trin. Ds S. S. Alam, Down. J. M Williamson, Caius D. J. M. Cossar, Pemb. W.C. Gingell, Osius L. P. Paullips, Ohrist's A C. Walden-Vin out, Pemb. E D. Keay, Clare B. S. Walker, King's B M, Komarovoky, Tiin. C. T. Wilson. Trin. 8. G. Pearsell, Emm. G. O. Pritt, Trin. H. E. E. Field house, Dowr. J F. G. Guinness, Csign A. w. Gool len, Trin. Ds 0. A. Armitag, Pemb. (J. F. McMillan, Trin. H. (J. S. Grog.ry, Trio. Allowed the Ordinary B.A. Degree.-A. H. Holman, Jesus ; A. Mellor, Trio. H.; C. E. Morier, Emm.; W. G. Stevens, Catb. ; C. E. i Torrey, Trio.; J. Wood, Jesus. Approved for the LL.B. Degree.-Mag. J. C. A. Borrowe, Cath. ; Do V. G. Dalvi, Job. ; Ds. J. L Devobar, King's; Ds A. L. Drew, Trid. ; Ds K, W. Elmolie, King's; Do G. J. Hunter, Trin. H. ; Ds J. C. Lidgett, Emm. ; Ds J. M. Oakey, Trio. ; Ds C. F. Tatham, Clare. The Chancellor's Medal is not awarded. The men in the first class were educated at the following schools : Mr. Black, Campbell College, Belfast; Mr. Darch, Chigwell; Mr. Evans, University College, Aberystwith ; Mr. Naglor, Eton; Mr. S H. Smith, The Lage, Cambridge. The Special Board of Indian Civil Servioo Studies have appoio ted Sir Edward Candy, C.S.I., Csius, Teacher in Indian Law for one year from the 1st Oot. next. CIRCUITS OF THE JUDGES.-SUMMER ASSIZES. The following judges will remain in town: The Lord Chief Justice of England, Darling, J., A. T. Lawrence, J., and Hamilton, J., during tbe whole of the circuits ; the other judges till their rospective commissiou days. Notice.--In cases where po date in parentheses is appended, both oivil and oriminal business must be ready to be taken on the first working day ; in other cases the date appended indicates the day before which civil business will not be taken. In the case of circuit towns to which two jadges go thore will be no alteration in the old practice. NORTH-EASTERN (GRANTHAM and SCRUTTON, JJ.). Newcastle (2), Monday, June 26 York (2), Tuesday, July 11 Durham (2), Mouday, July 3 Leeds (2), Monday, July 17. OXFORD (LAWRANCE, J., 1; BUCKNILL, J., 2). Monmouth, Saturday, June 24 Shrewsbury, Tuesday, July 4 Stafford (2), Monday, July 16 MIDLAND (RIDLEY, J., 2; PICKFORD, J., 1). Warwiok, Monday, July 10 Nottingham (2), Wednesday, July 5 Birming.am (3), Saturiay, July 13. WESTERN (CHANNELL, J., 2 ; LORD COLXRIDGE, J., 1). Winchester (2), Saturday, June 21 | Bristol (2), Saturday, July 1. SOUTH-EASTERN (PHILLIMORE, J., 2; AVORY, J., 1). Hertford, Sat., June 24 (Tues , June 27) Maidstone, Sst., July 8 (Wed., July 12) Lowes, Thurs., June 29 (Monday, July 3) Guildford, Mon., Juiy 17 (Thurs., Jaly 20. NORTH AND SOUTH WALES (Bray and BANKES, JJ.). Chester (2), Tuesday, July 4 | Swansea (2), Taesday, Jaly 11. NORTHERN (HORRIDGE, J., 2; LUSH, J., 1). Carlisle Saturday, June 24 Liver rool (2) Saturday, July 1 Lancaster, Wodnesday, June 28 Manchester (:), Monday, July 17, COURT OF APPEAL AND HIGH COURT OF JUSTICE (CHAN. CERY DIVISION).- TRINITY SETTINGS 1911. Bota or REGISTRARS IN ATTENDANCE FOR THE WIR ENDING JULY 1. Yonday. Tuesday. Wednesday. Thursday. Friday, Saturday. EX SRGENCY Beal .... Greswel ...... Goldschmiat Synge Church Theed APPEAL CT. II.... borrer ......... Beul .......... Greewel ..... Goldschmidt Syuge ........ Churcu JOYCE J... ........ Goldschmidt Nya ... Churoh Theed Blorain Parme SWINTEN EADY... Leach Borrer - Bed ..., Gre-well Goldechmidt Synke WARRINGTON, J Theel Varmer Leach teal NEVILLE J. ..... rewell...... Goldach nidt synge Church Theed Bloom PARK RJ Church 'Theed Farmer Legoh Porrer RVE, J........... Farmer ..... La nou Bead .... Groswell ..... Guiaschmidt .... Kiova ... Borrar ........110xam .... Borrer THE GAZETTES. HALLILAY'S CONVEYANCING.-A concise Treatise on the Law and Practice of Conveyancing, together with the Solicitors' Remuneration Act 1881, and General Order 1882, and the Land Transfer Acts 1875 and 1897, and the Rules and Orders thereon. Second Edition, price 188., 750 pages.-HORACE Cox, “ Law Times " Office, Windsor House, Bream's-buildings, E.C.-[ADVT.) Professional Partner hips Diosc bs. GAZETTE, JUNE 16. DRINKWATER, George FREDERICK, and DRINKWATER, George WILLIAM. solicitors, Ridling-la. Hyde. March 31. Debts by G. F. Drinkwater, who will carry on business at Port-st. Hyde. G. W. Drinkwater will continue at the old address. HEWLETT, GEORGE FREDERICK, Staple Hill, skating rink manager. Ci. Bristol. June 12. HASSNIP, WILLIAM Thomas, Sibscy, tailor,. Ct. Boston. June 14. HEDGES, FREDERICK (trading as Allen, Evans), North Finchley, builder. Ct. Barnet. June 14. JONES, JOHN HUGH (otherwise John Jones), Bethesda, quarryman. C. Bangor. June 12. KINGSHOTT, ARTHUR, Littlehampton, dairyman. Ct. Brighton. Jure 13. LOFTHOUSE, WILLIAM, and LOFTHOUSE, JOHN CHARLES, Sheffield, mineral water manufacturers. Ct. Sheffield." June 13. LATIMER, Thomas FREDERICK, (trading as Fred. Latimer and Co.), Nerin castle-upon-Tyne, timber merchant. Ct. Newcastle-upon-Tync. June 13. MELTON, ARTHUR Barnard, East Dercham, farmer., Ct. Norwich. June 12 MEEDS, WILLIAM, Luton, undertaker. Ct. Luton. June 12. MITCHELL, WALLACE, Triangle, teamer. Ct. Halifax. June 12 MARMOR, MORITZ, and JackSON, ALFRED EDWARD (described in thi receiving order as the Anglo-Levantine Trading Company). Miliun st, merchants. Ct. High Court. June 13. MATKIN, FREDERICK GEORGE, Wigmore-st, house decorator. ('t. High Court. June 14. PARKER, WILLIAM FRANCIS, Birmingham, fish salesman." Ct. Birwins, ham. Jun. 13. i READ, JAMES FREDERICK, Bethnal Green-rd, butcher. Ct. High Court. June 12. ROBERTS, HENRY THOMAS, Weymouth, wholesale fish merchant. Ct. Dorchester. June 14. Rouch, William JAMES, Deal, tobacco dealer. Ct. Canterbury. June 12. SCHOLFIELD, WALTER CLEMENT (trading as Ollivier and Brown), Sackville st, Piccadilly, tailor. Ct. High Court. June 13. SMITH, HENRY, Castleford, assistant checkweighman. Ct. Wakeficid. June 13. SHEPPARD, WALTER SYDNEY, and Wright, WILLIAM WAITE, Northampton, leather dressers. Ct. Northampton. June 14. STEWART, WILLIAM, Carlisle, draper. Ct. Carlisle. June. 12. TIMBRELL, WILLIAM ANDREW, late Regent-st. Ct. High Court. June 14. Thomas, GWILYM, Gwmavon, collier. Ct. Neath and Abera von. June 14. VOLLAM, EDWARD JAMES, Little Munden, nurseryman. Ct. Hertford. June 13. WEAVER. ALBENT Astley, Angel-la, Stratford, clothier, Ct. High Court. June 14. WEINBERG, JOHN (late trading as Ray and Sons), late Fulham-rd, cos.. tumier. Ct. High Court. June 10. Wilson, ALBERT EDWARD, late Liverpool, commercial traveller for å r. of stationers. "Ct. Brentford (transferred from Liverpool). June 12. Bankrupts. GAZETTE, JUNE 16. Tower-st, mica merchant. Jupe 13... Queen's. Club-grens. June 12: To surrender at their respectiv.. District Courts. June 14. BAçSHẠw, 'Joan, late Compstall, butcher. ct. Stockport: June 12., BROCK, ALBERT EDWARD, Torquay, builder.. (t. Exeter. June 12. BIRD. CHRISTOPHER, Great Grimsby, late fish curer. Ct. Great Grinsby.. June 12. BUBB, GEORGE, Dudley, jronmonger. Çt. Dudley, June 13. Bewnes, JAMES EDWARD, Ashofer, grocer. Ct. Derby and Long Eaton. !' Jone 14. 14. CURLEY, THOMAS, J., Salford, egg merchant. Ct. Salford: June 13. CLARKF. John. WILLIAMSON; HAYNES, Jou Henry; and SHARPE, LOREXZO' THEOPHILUS SAMUEL Strading as Clarke and Haynes), Raunds, boot, *** manufacturers: Ct. Peterborough. Júne 12. DAVIES, Hugh Ellis, Corwen, grocer. Ct. Wrexham and Llangollen. June 10. DARRALL, WILLIAM HENRY, late Stourbridge, manufacturer of rounds. Ct. Stourbridge. June 12. DOUGHTY, MABEL LAURA (late trading as Mabel L. Mee), Nottinghain, stationer. . Ct. Nottingham. Jurre 14.5 EVANS, WILLIAM MOUNTSĦIRE (trading as Evans and Son), Manchester, estate agent. Ct. Manchester.. June 13. EDWARDS. DAVID, Pentyrch, assistant schoolmaster. Ct. Cardiff June 13. FAIRCLOTH. WILLIAM CƠOPER," late Bradfield, grccer. Ct. Colchester. June, 13, FILMER, ALFERT EDWARD. Rochester, bụtcher. Ct. Rochester, June 13. Gwynn, KINGSÁLL DOUGĻAS HOSEASON, Bath, lieutenant in thé army. Ct Bath. June 12. GRIFFITHS, FREDERICK Louis, Erdington, commercial traveller. . Ct. Birmingham. June 14. GREEN, EDWIN' ARTHUR, Bristol. ironmonger. (t. Bristol. June 12. GRIFFITAS. WILLIAM' POWELL, Old Soutligate, grocer Ct. Ednonton: HARDING, MARY AŅna, South Petherton, grocer, widow. Ci Yeovil. June 13. HASSNIP. WILLIAM THOMAS. Sibspy, tailor. Ct. Boston. June 14. JONES, JOHN Hugh (otherwise John Jones), Bethesda, quarryman. Ct. Bangor., June 12. JONES, John, Swansea, licensed victualler. Ct. Swansea. Jure 14. KINGSHOTT, ARTHUR,' Littlehampton, dairyman. Ct. Brighton. June 12. LANSCOWN, JAMES, Sydenham, licensed victualler. Ct. Greenwich. June 13. LOFTHOUSE, WILLIAN, and LOFTHOUSE, John Charles, Sheffield, mineral, water manufacturers. Ct. Sheffield. June 13, LAWTON, ('HARLFS GEORGE, Manchester, wire drawer: Ct. Manchester. June 13. MITCHELL. WALLACE, Triangle, teamer. Ct. Halifax, June 12. MEEDS, WILLIAM ,, Luton, undertaker. C# Luton. June 12. PARKER. WILLIAM Francis, Birmingham, fish salesman. Ct. Birning ham. June:12. QUICK. T., late Tunbridge Wells, licensed victualler. Ct. Tunbridge Wells. June 9. Dorchester. June 14. leather dressers. Ct. Northampton. June 14. Smith. HENRY, Castleford, 'assistant checkweighman. Ct. Wakefield. June 13. THOMAS . ROYLE AND BROTHER. ' Eccles, corn dealers. Ct. Salford. June 14. Thomas, Gwilyn, Cwmavor, coitier. 'Ct. Neath and Aberaron. June 14. Amended notice substituted for that published in Gazetto. May 12. Wilsox, ALBERT EDWARD, late Liverpool, commercial traveller for a firin of stationers. Ct. Brentford (by transfer from Liverpool). May 9. Amended notice substituted for that published in Gazette, June 13. F15H. Frigy Last CUM BY,, (otherwise known as Friday Last Cumhy), ! late Corleston, market gardener. Ct, Great Yarmouth. June 10. Ct. EXCLUSIVE BUSINESS LICENSED PROPERTY. SPECIALISTS IN ALL LICENSING MATTERS. ADJUDICATIONS. GAZETTE, JUNE 16. ATKyxSox (ürles Percival, Dewsbury, fellmọnger. Ct. Dewsbury. June 14 BAGSHAW. Joux, late Compstall, butcher. Ct. Stockport. June 12. BUBB, GEORGE, Dudley, ironmonger. Ct. Dudley: June 13 BROCK, ALBERT EDWARD, Torquay, builder. Ct. Exeter. Juno 12. BIRD. CHRISTOPHER, Great Grimsby, late fish curer. Ct. Great Grimsby. ( June 12. Bownes, JAMES EDWARD, Ashover, grocer. Ct. Derby and Long Eaton. June 14. CARLYLE. Francis John. Sunderland. solicitor. Ct. Sunderland. Jure 14. ('ross, Arthur, late High-st, Marylebone, licensed victualler. Ct. High Court. June 13. DAVIES, HUGH ELLIS; Corwen, grocer. Ct. Wrexham and Llangollen. June 10. FILMER, ALBERT EDWARD, Rochester, butcher. Ct. Rochester. June 13. FAIRCLOTH, WILLIAM COOPEP, late Bradfield, grocer. Ct. Colchester. Jun- 13. GREEN, EDWIN ARTAUR. Bristol, ironmonger. Ct. Bristol. June 12. Gibbs, LANCELOT DWARRIS Louis, late Villeneuve, Switzerland, aviator. Ct. High Court, June 10. HARVING, MARY ANNA, South Petherton, grocer, widow. Ct. Yeovil. Frune 13.4 187 CONTENTS. BUTTERWORTH & CO., REPORTS. GTORGE 1. DAVI 8.-Master and servant - Domestic servant 615 HOUSE OF LORDS. Rex r. GARRETT-PEGOR AND OTHERS (Justices); Ex parte BROWN. PITMAN r. ORUM EwING AND OTHERS. Justices-Summary urisdiction-Law of Scotland-Doctrine of Summons-Issuing of approbate and reprobate " Election 611 PROBATE, DIVOROE, AND ADM. BALTY DIVISION. DIVOROE BUSINESS. JINKS , JINKS.-Matrimonial causa - Judicial separation--Potition of wife-Petitioner's solicitors GSS - Waste--Structural alterationsCovenant to repair-Breach 619 HIGE OOURT OF JUSTIOR. OHANOEBY DIVISION. LEADING ARTICLES, &c. R. BEHREND: SURMAN •. BIDDELL Bankruptcy-Choses in action-UBdiscbarged bankrupt 626 TO BLADERS AND OORRESPONDENTA ... 187 Re OBLEANS MOTOR LEADING ARTIOL BS.-Topics of the Week-The Construction of the Coronation Oath - The Relations of the English to the Irish and tho 18: Scotch Crowns......................******* three months of wipding-up 627 10 IRIBH NOTE.............................. TEI OONVEYANCER.............************** 190 Patent-Rovocation by comptroller OOCASIONAL NOTES........................... 101 Company owning pateat nut NOTES OF BBOENT DrukrOWS for present at hearing of potition 629 YHT BEPOBTED.............................. 18 Re LITCB FIELD (deceased); BORTOV LAW LIBRABY ............................. 186 JONES.-Will- Limitation to grandchild E. S. and her children 631 LEGIBLATION AND JUBISPRUDEN01. Topics MILLS v. UNITED COUNTIES BANK *****.................. 19% Mortgage Contingent revorsionary PARLIAMENTARY SUMMARI.- Topics 196 interest-Purchase of equity of ORIMINAL LAW AND THI JURISDIOredemption by Arst mortgagees...... 632 TION OF MAGISTRATRA. --Borough Quarter Sessiong-Topios........ 191 KING'S BENCH DIVISION COUNTY COUBTS.-Sittings of the MINTURN , BARBY AND OTHERS. Courts.... London - Building - Party wal- GENERAL INTILLIGINOB. - Imperial * Party structure defootive or out Wooference-Reclaimed Stock and of repair" 635 Dividends in the Bank of England TIMES COLD STORAGE COMPANY ". -Heirs-at-Law and Next of Kia LOWTHER AND BLANKLEY (by -Appointments under the Joint original action); LOWTRER AND Stock Winding-op Acta-Creditors BLANKLEY V. TIMES OOLD STORAGE bador statos in Chancery COMPANY, and NEW ZEALAND Croditor andor 99 & 2 Vlot c. 35 2 SBIPPING COMPANY (by counter- LAW SOCIETIES,- The Law Society: claim;--County Court-Practice ... 637 Annual Report of the Council PHARMACEUTICAL SCCIETY , JACKS. Medico Legal Society-Manchester -Pharmacy Acts-Poison-Sale ia' Bar Council Gray's ibn Moot unlabelled recoptacle by persoa Society 201 ............................. licensed by local authority. 640 OORRESPONDENCE MCINALLY BLACK LEDOR AND NOTES AND QUIRINO... .................... 204 OTH BBS.County Court-Registrar LAW STUDENTS' JOURNAL. -Oala sitting as depaty judge-Powor so to the Bar to do-Appeal €42 LEGAL OBITUARY. - Mr. Gardner DONKIN . PEARSON (on behalf of Sebastian Bazley - Mr. Samnd tho Amslgamatod Society of Henry Jeyes—The Hon. Thomas Engineers). - County Court Mayno Daly, K.C.-Maitre Charles Remoral of action from to High Martini-Mr. Ralph Simoy ........... 208 Court-Certiorari ...... ................ 64: TH OOURTS AND COURT PAPO..MONTAGUE •. DAVIES, BENACHI, AND Circuits of the Judges: Sunandar 00.- Execution - Sboril's lees — Asalzos—Rots of Registrari ......... Writ of fi. fa.-Execution witb Guinea ........................ 205 drawn pursuant to order of court... 645' BRTH, MARBLAGES, AND DEATH. 210 # BUTTERWORTHS' REPORTS of Workmen's Compensation Cases. ISSUED QUARTERLY. 201 Part II. just issued; Part III. in the press. Annual Subscription for all the parts, and the complete Volume, bound, 21s. net, postage is. SPECIMENS SENT FREE. The Law and the Lawyers. The annual report of the council of the Law Society to be presented to the general meeting of the members on the 7th inst. shows a distinct increase in the number of iin members. There are now 9039 members, of whom 4908 practise in the country. The number who joined the society during the past year is 543, as compared with 299 in the previous year, the membership showing an increase for the year of 245, and is the largest since the foundation of the society. To Readers and Correspondents. All communications must bo authenticated by the name and address of the writer, not Decossarlly for publication, but as a guarantee of good faith. Anonymous communications are invariably rojectod. All communications intended for the Editorial Department should, in ordor to proveat delay, be addressed to the “ EDITOR OF THE LAW TIMES.' 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WITH REPORTS. WITHOUT REPORTL. For On. Yoar ............................£3 0 o For Ono Year.............................. Por Hall-Yoar............... ........ 1 10 0 For Hall-Your.. 1 Portfolios for proserving the current numbers of the LAW TIMEs, price 5o, 6d. LAW TIXB8 REPORT8, price 88. 6d. Tho Publieber undertakes the binding of the LAW TRYB8 and LAW TIMES REPORTS 16 tbe following rates : PER VOLUMI. LAW TIXBS in ball call, omco pattorn 58. 6d. LAW TIXES RBPORTS, ditto, 58, od, LAW TIMES BEPORTE, ditto, ditto, with Statutes at end............ 68. 6. Parcels of Volumes for binding sbould be sent to tho Publisbor, LAW TIMES Omca, Windsor Houso, Bream's-buildings, E.O. TO ADVERTISERS.-SCALE OF CHARGES FOR ADVERTISEMENTS. Foar licos of 30 words or lose £ 1. d. One page .................................. 10 0. than 80 words in body type 8 6 Hall page.............................. 6 0 0 Each additional lipo..... 6 Ope Oolumn 3 10 0 Advertisements ordered for a sories of threo insertions are charged 10 per cent, ander scalo, and for six or more insertions 20 per cent. under. Paragraph Advortisements 18. por lino, minimum 58. No sorios discount. Advertisers whose referenco is under Initials to this once, should remit 6d. additional to defray postago in transmitting roplies to their advertisements. Advertisemonts must reach the office not later than ive o'clock on Thursday attornoon and must be accompanied by a remittance. Pont-Odoo Omar dayable to HORACS COL Vol. CXXXI.-No. 3561. ditto ....... During the past year the council have issued two memoranda dealing with ihe financial legislation of 1910 and 1911. We have already published (130 L. T. Jour. 187) that one wbicha dealt with the various questions of practice arising under the Acts, but in the present report it is reissued slightly revised to incorporate certain provisions of this year's Ravenue Act. Subsequently the council were requested to express an opinion as to ihe duties of solicitors in advising trusteos and viher mortgagees as to their position with regard to valuativda ao other securities under the Finance (1909-10) Act 1910. There will be found in an appendix the report of the orale committee of the council on this question, and it is pointed out that what a mortgagee should do after inspection of the provisional valuation must depend upon the circumstances of each case. The committee state that certain considerations should be borne clearly in mind by solicitors advising mortgagees as to the action which should be taken on obtaining copies of provisional valuations, for the valuation by the Government valuer at a low price may lead the mortgagee to doubt whether the valuation he has been relying on is correct or whether the view of the Government valuer may not be more accurate, and it may make the property liable, on a subsequent sale at a price considerably in excess of the Government valuation, to heavy increment duty, which in effect is a prior charge on the estate. County Courts Act 1888, the registrar can hear a disputed claim up to £2 " on the application of the parties and by leave of the judge,” as well as matters of account referred to him by the judge, but neither directly nor indirectly should any alteration be made which deprives a litigant of a hearing before the judge. Again the question of audience is referred to, together with a claim that one solicitor should be allowed to instruct another as advocate in the County Court. It seems a pity that this desire to encroach upon the rights of the Bar should be thus thrust forward officially by the society, and one cannot help thinking that the support given towards the extension of jurisdiction has not been entirely uninfluenced by this question. We note that the report of the Royal Commission upon the working of the Land Transfer Acts, the chief recommendations of which are set out in the report of the council, is receiving the consideration of a committee of that body, but at present they are not yet. in a position to present their report. As to summary foreclosure procedure, this question has been considered by a special committee, who in a schedule to their report set out certain suggested rules which in s'mple and clear cases would assist mortgagees to obtain absolute orders of foreclosure in a summary manner. Another question which has come under the notice of the council during the past year has been the recent decisions under the Moneylenders Act 1900 invalidating agreements made by registered moneylenders, not only as against them, but also against their bona fide assignees. We quite agree with the recommendation of the committee to whom the matter was referred that the protection afforded to an innocent third party under sect. 1 of that Act ought similarly to be extended under sect. 2, and that the statute should be amended to effect this protection. As is truly pointed out, an examination with the most scrupulous attention and care might never enable an innocent purchaser or his legal adviser to ascertain whether the formalities required by sect. 2 of the Act had in fact been complied with. ALTHOUGH we hold no brief for the HOME SECRETARY, we think that the attack made upon him with reference to the advice tendered by him to the Crown as to the exercise of the prerogative of mercy was ill-advised. There has always been, as the HOME SECRETARY pointed out, a very steady and constant use of the prerogative, and there is little doubt that the duty imposed upon the Minister responsible is a very difficult one. No obligation exists to consult the courts passing the sentences in question, but in fact, as a matter of convenient and reasonable administration, the judges or justices are consulted where possible. In the case of the latter passing short sentences, if the prerogative is to be effectively exercised it is often impossible for the HOME SECRETARY to avail himself of such consultation, and the number of concrete instances brought forward where his advice tendered to the Crown could be attacked amount to a very small proportion of the whole, while the chief of these have been discussed ad nauseam in the past. It is to be hoped that means will be found of passing into law in the near future some of the exceedingly useful measures concerning conveyancing law which have been promoted by the society. Their Conveyancing Bill, having passed the House of Commons, only failed to receive its third reading in the House of Lords owing to the dissolution, but both that measure and the council's Settled Land Bill should be placed on the statute-book without delay. Another piece of desirable legislation supported by the society is the placing of after-acquired real property of a bankrupt on the same footing as bis after-acquired personal property. The Board of Trade have stated that they hope to introduce a Bill to amend the bankruptcy law, and that this point raised by the council has been noted in connection with its preparation The appointment of Sir RUFUS ISAACS, K.C., the AttorneyGeneral for England, to the position of Privy Councillor will remind us that for some generations past the AttorneyGeneral for Ireland is sword, on his appointment to thatı office, of the Irish Privy Council, and that the Lord Advocate for Scotland—the Privy Council for Scotland having been abolished in 1708—is invariably sworn of the English Privy Council. Until 1885, when a departure in the practice was made by Sir HENRY (Lord) JAMES, whose example has been followed in every subsequent instance, it was customary for members of the English Bar when sworn of the Privy Council to retire from the practice of their profession owing to the dignity of the position. The late Right Hon. Serjeant Sir COLMAN O'LOGHLEN, Bart., QC., a distinguished member of the Irish Bar, was appointed in 1868 Judge-Advocate-General and sworn of the Eoglish Privy Council, but he continued to practise at the Irish Bar till his death in 1877. The late Right Hon. JAMES ARCHIBALD STUART WORTLEY, who had been Recorder of London and was a member of the Privy Council, held the position of Solicitor-General for England for a few months in 1856-7. He probably only appeared in court in Crown cases, in accordance with the arrangement under which Francis Bacon became au Privy Councillor. Since 1885, when Sic HENRY JAMES was made a Privy Councillor while Attorney-General, members of the Bar sworn of the English Privy Council, as in the cases of Mr. ASQUITH, Mr. HALDANE, Sir Robert FINLAY, and the late Sir WILLIAM MARRIOTT, have continued to practise at the Bar, although the Attorney-General for Eogland is not, like the Attorney-General for Ireland and the Lord Advocate for Scotland, as an accompaniment to his appointment to the office and as a matter of course made a Privy Councillor. The only other matter to which we desire to refer is the County Courts Bill 1911, a report on which is to be found in the appendix to the report of the council. Although, as we have stated in these columns, some of the provisions of that measure will make more effective the procedure of the County Courte, the extension of the jurisdiction must affect the rights of the smaller suitors if such extension is made use of by litigants to any extent. The proposal also to extend the jurisdiction of the registrars is one to which we have strong objection, for in our view the smallest litigant should have the right to have his case disposed of by the judge if he desires. The report states that “the committee see no reason wby the registrar should not by leave of the • udge adjudicate up to £5," but this leaves the decision as to who is to decide the matter not in the hands of the litigante, but of the judge. At the present time, under sect. 92 of the The advancement of members of the Bir to the dignity. of Privy Councillorship is no longer, as we have seen, regarded as incompatible with the retention of their practice at the Bar, although appearance in the courts involves was the pleading before judges to whom members of the Privy Was not my family seated on the throne for that purpose, and shall Council are entitled to precedence. Bacon was, as everyone I be the first to suffer it to be undermined, perba pi overturned ? No, No. I would ratber beg my bread from door to door tbroughout knows, offered in 1616 the choice of the Great Seal or Europe than consent to any such measure." He regarded his con. to be made Privy Councillor. He preferred the latter, test with bis Ministers on this subject, in which he prevailed to the and on the 9th June 1616 was postponement for a generation of Catholio emancipation a," a struggle sworn of the Privy for his throne, saying he must be the Protestaot King of a Protestant Council and took his place at the table, it having been country or ro King." : (Twisa's Life of Lord Eldon, ii., p. 34). at his own request previously arranged that, with permission At the Disestablishment of the Irish Churoh the construction of the to give advice at chambers to those who might consult Coronation oath, which was accepted with such momentous results by George III., was onne more urged by the opponents of Church him, he should cease to plead as an advocate at the Disestablishment with great vebemence. There is one thing," said a Bar in private causes unless some weighty matter might speaker “on which we should confidently throw ourselves--the Queen'o arise in which he was to be allowed to be engaged under the Coronation oath. She sbould be reminded that one of her apoestors who swore to maintain the Protestant religion, forgot bis oatb, and King's express licence : (Campbell's Lives of the Lord his Crown was kicked into the Royne." (Ho then read the oatb and Chancellors, ii., pp. 347.348). Io 1686 the name of Mr. the questions put by the Archbishop of Canterburg at the time of RICHARD NAGLE, an eminent member of the Irish Bar, the Coronation.) Will any Minister dare to ask the Queen to perjure herself ?” (speech of the Rev. John Flanagan, reported in the having been inserted in the list of gentlemen to be swora of Northern Whip. 21st March 1868). James II. broke the Corona. the Privy Council in Ireland, the circumstance called for a tion oatb, pot in assenting to an_Act of Parliament introducing remonstrance from the Lord-Lieutenant of Ireland to the changes in the constitution of the Established Churcb, but in intro ducing cbanges in that constitution not only without legislation, but in Lord President in England. His Excellency admitted contra vention of existing legislation. The view of ibe Coronation Mr. NAGLE to be a very learned and honest man, but he oath expounded and explained by its framers was absolutely adopted was a practising barrister, and it not etiquette in the Irish Church debates by Sir Roundell Palmer (Lord Chancellor Selborne), who, wbile opposing the Church Disestablishment measure, for such to be of the council. admitted that the Coronation oath in no respect bound the Sovereign It will not look well that a man who has the honour to be of the in a legislative capacity, who was accordingly perfectly at liberty to King's Privy Council sbould be crowding at the Bar of the courte of give the Royal Assent to a Bill for the digestablishment or dieendow. justice bare headed and his bag in bis hand. I have not heard that it ment of tbe Irish Church. It may be safely surmised that no was ever done but to Sir Frapois Bacon wbon he was Attorney Sovereigo in the future will entertain the “fatal conscientiousness General, and to satisfy his ambition by the credit he had with the of George III., who held that the obligations of bis Coronation osth Duke of Buckingbam, or, rather, by importunity, he w48 made a would com pel him to put a veto on laws which his Parliament might Privy Councillor, but he never appeared afterwards in Westminster think neceseary to the well-being of the country. Hall unless the King's bueiness required bim. Mr. Nagle himself solved the difficulty. When he was informed of the intended honour he expressed surprise, and THE RELATIONS OF THE ENGLISH TO THE IRISH told the Lord-Lieutenant he wondered his friends would AND THE SCOTCH CROWNS. move on bis bebalf without first consulting himself, and to The great ceremonial of the Cor ation will reoder it of interest to recall the relations of the Irish and Sootob Crowns to the Crown of leave bis practice would be bis ruin. He added “that to Eoglaod before the respective unions of the Legislatures of these appear at the Bar after being of the council would be countries in the case of Scotland to England in 1707, and in the case undecent (sic) even for the King's service" : (Clarendon's of Ireland to Great Britain in 1801. Although the Scotob legislativo State Letters, i., p. 234; Flanagan's Lives of the Lord union was antecedent by nearly a century to the Irish legislative onion, it will be more convenient to deal with the case of Ireland Chancellors of Ireland, i, pp. 418.419). first, because the Crown of Ireland was united to the Crown of England long before the establishment of the political relation which subsisted between England aod Scotland in the interval between the anion of the Crowns in the person of James I. and the union of the THE CONSTRUCTION OF THE CORONATION OATH. two kingdoms in 1707. Scotland in that interval was a legally The contention that the Coronation oatb binds the King not merely independent State, the King of which was also the King of Great in bis administrative but in bis legislative capacity was urged as a Britaio. Ireland likewise, between the establisbment of Irish Parliabarrier to Catholio emancipation and to the Digestabliebment of the mentary iodependence in 1782, was also legally an independent State Irish Church. This interpretation of the oath is in direct antagonism the King of which was also the King of Great Britain, but the great to the clearly expressed intention of its framers. At the time of the difference between the ! Crowns of Ireland and Scotland was that, Revolution, the Houso of Commode resolved itself into a committee whereas tbe Crown of Ireland was inseparably annosed to the Crown for the purpose of settliog the form of words of the oatb, and a Bill, of Great Britain, the Crown of Scotland was essentially severable drawn up in conformity with the resolutions of the committee, was from the Crown of Great Britain, or, to speak with greater rapidly passed in the House of Commons through every stage. When accuracy, from the Crown of England: (seo Sir George Corowall: a rider was proposed declaring that the oath was not meant to Lovis' Essay on Government of Dependencies, pp. 154.155). restraip tho Sovereign from consenting, to any obange in the cere- The various relations between Eoglaod and Ireland have been, monial of the Churob, provided always that episoo pacy and a written with one exception, matters of controversy. The nature of form of prayer were retained, it was opposed on the ground that such the connection of tho Eoglish and Irish Crowns bas never been a provision would bind the King instead of settiog bim free, and that disputed. “It has ever been acknowledged,” says Molyneux. " that the oath was never intended to trammel the Sovereigo in his legisla. the kingdom of Ireland is inseparably annexed to the Imperial tive capacity. Crowd of England ”: (Case of Ireland Stated, p. 86). By the provisions Finch (who bad been Solicitor General and was afterwards Earl of an Irish statute passed in the thirty.third year of Henry VIII.'s of Aylesbury) said: “The words established by law' hinder not reigo (33 Hen. 8. Ireland, c. l) the King of Eoglaod is ipso facto King the King from passing any Bill for the relief of Dissenters. This of Ireland. By this statato Ireland is converted from a • lordsbip. proviso makes the soruplo and gives the occasion for it." into a kingdom.' The Kings of Eogland, who were previously Robert Sawyer (a former Attorney. General) said: “This is the first “Lords ” of Ireland, are henceforth “Kings" of the Kingdom of Ireland proviso of this nature that ever was in any Bill. It seems to strike "as united and koit to the Crown of England." The various statutes at the legislative power." Sir Thomas Lee said: “It will, I fear, altering the succession of the Crown in England at and after the creep in that other laws cannot be made without such a Revolution rere not re-enacted in Ireland. When the English Parlia. proviso. I would lay it aside.' These comments were felt to ment disposed of the English Crown it likewise disposed of the Irish be unanswerable, the proviso was rejected without a division Crown. The Irish Parliament by the Aot of Recognition (4 Will. & (see Maca ulay's History of Eogland, i. p. 712), and the Bill Mary, Ireland, c. 1) practically acknowledged Eogland's right in this by wbich the oath was settled passed the Upper House without respect. “ The Crowns of both nations," said Mr. Flood io the Irish a mendment. “Uobappily," in the words of Macaulay, “more than House of Commons, “are united by a strong bond, for by a law of a buodred years later a scrople, whioh these statesmen thought our own it is declared that whosoever wears the Imperial Crown of too aboard to be seriously entertained by any buman being, found its England shall aleo wear the Imperial Crown of Ireland”: (Irish way into a mind, honest indeed and religious, but Darrow and obeti. Debates, i., p. 452). nate by nature and at once debilitated and excited by disease : The Crown of Scotland was not, like the Crown of Ireland, insepar. (History of Eoglaod, j., pp. 712.713). ably upited to the Crown of England. As the Revolution, by a So far back as 1795 George III. consulted Lord Kenyon as resolution of the Scotcb Convention it was declared that James VII. to the obligations of the Coronation oath in respect the had by bis misconduct forfeited the Crown of Scotland, and that the passing of a Catholic Emancipation Bill, and, though Lord Kenyon Crown of Scotland should be settled as the Crown of England bad did not express himself decisively on the point, the King was been settled, and William and Mary were accordingly proclaimed persuaded that he was morally restrained by that oatb from Sovereigns of Scotland. The new Sovereigns, however, were not put asseuting to any further measures for the relief of Riman into po goession of the Royal authority till after a formal tender of Catbolice. "Where" he asked “is tl.e power on earth to absolve me i bat authority and a formal acoeptance had been made by commis. from the observance of every sentence of tbat oatb, particularly the pionere of the Scotch Convention at Wbitehall in May 1639, when the one requiring me to mainta in the Protestant Reformed Religion ! oath of office was administered to them by the Duke of Argyll > Secona Sheet. . Sir to |
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