« EelmineJätka »
of Cadogan to have the servi.es of Scarlett in his defence, he petitioned the monarch most graciously to dispense with his services so that he might serve the Earl, and His Majesty responded that he was 80 graciously inclined." The King waived his right and expressly licensed his counsel to defend the prisoner, and the document, eigned by William IV. and attested by Sir Robert Peel, I have in my possession. I have also the original recognisance, in the hand writing of John Marshall, holding Aaron Burr to bail on his trial for treason. I have letters written by the justices of the Supreme Court of the United States, the early justices I mean, like James Wilson of Pennsylvania and John Blair of Virginia, addressed to President Washington thanking him for the positions which have been conferred, and one addressed to the Governor of Virginia resigning the Chancellorship in order to take a seat among the Federal judiciary. Without attempting to weary you with detail, or pointing out specific instances of this or the other aspect, I simply indicate that here is a branch of much neglected study which, if properly pursued-I mean earnestly and systematically pursued-so as to become saturated with a personal knowledge of these men, of how their work came into conflict with the work of other men, of how their ambitions clashed in the great questions that they argued, will invest the leading cases with an atmosphere which makes them living forces in the development of jurisprudence, instead of mere dead dry bones of the law buried in the charnel houses of books-mere annuals or calendars of a bygone age.
Now, what can be done with regard to the lives of judges can also be done with regard to the lives of the great authors in the law. At the end of 900 years but six names stand out like towering peaksbut six names in English law stand there as beacon lights and guides to succeeding generations, Glanville, Bracton, Littleton, Coke, Hale, and Blackstone. Take Glanville, the Chief Justice of Henry II, the greatest English King upon the throne for a period of at least 300 years: Glanville, the author of the first systematic treatise upon the law of England. The sort of fellow he was, the material of his biography, you will find in the preface of the eighth volume of Coke's reports. Then you can trace it out from there to earlier works. A man starting originally as sheriff in the county of York, on the northern border, when the King was on crusade, acting really as ViceRegent of the realm, of such military capacity that he organised a military force and surprised the Scottish King, William the Lion, and made prisoner of him; a man who afterwards became so fired with holy zeal that, at the age of seventy, he went on crusade and died at the foot of the walls of Acre, in the presence of Richard Cœur de Lion-and yet the author of the first systematic treatise of the English law. You open the book and look at it. You say it is not a philosophical discourse. It is a book of practice, but, strange to say, the very language of the writs by which suitors were summoned to appear before the King wherever the King happened to be in the kingdom was couched precisely in the same terms that we have to-day in our ordinary writs of summons-and even of execution. We find much space devoted to the doctrine of essoigns, we find that the excuses for non-appearance were that the defendant was beyond the seas, or that he was in the crusade, or with the army, or that a freshet bad broken down a bridge and that he could not reach Winchester in time, or that he lay sick on the road, and then to guard against malingering a special commission was issued to investigate into the truth of the excuse. We associate this first great treatise with the period of the crusade fifty years before the passage of Magna Carta. It is not difficult to remember that the six great names I have mentioned are more or less closely associated with events of importance to American history, Glanville writing about fifty years before the great statute of Magna Carta, Bracton writing about fifty years after the statute of Magna Carta, the principles of which lie at the basis of our Constitutions, both Federal and State. Bracton for 500 years dominated the Profession, oue of the justices itinerary of Henry III., travelling over the kingdom of England in order to take the part of the King, who had at that time delegated the personal duty of sitting in his court to his Chief Justice. The work of Bracton is the most beautiful treatise, scientifically and in point of expression, that existed in the law prior to the time of Blackstone. Neither Coke nor Hale can compete with it in style. There is a reference in Bracton to what a good judge should be, to what exalted justice should be, that deserves to be quoted on the notes in full. I won't attempt to give it from memory. I will write it because it will give you an idea not only of the loftiness of the man's mind, the extent of his grasp upon the breadth and sublimity of jurisprudence, but also his exalted notions of the function of the judge. Let not one, who is unwise and unlearned, ascend the judgment seat, which is, as it were, the throne of God, lest he convert darkness into light and light into darkness, and lest with a sword in tte untaught hand, as it were, of a mad man he should say the innocent and set free the guilty, and lest he tumble down from on high, as from the throne of God, in attempting to fly before he has acquired wings. And when a person is obliged to judge and to be judged, let him take care for himself, lest by judging perversely and against the law, through entreaties or for a price, for the advantage of a paltry temporary gain, he presume to bring upon himself the sadness of eternal grief, and lest in the day of the fury of the Lord he feel the vengeance of Him who has said, Vengeance is mine, and I will repay,' and when kings and princes of the earth shall weep and bewail, when they behold the Son of Man, through fear of His torments, when gold and silver will not avail to set them free. Who, indeed, would not fear that examination in which the Lord will be the accuser, the advocate, and the judge, and from His sentence there shall be no appeal possible. For the Father has given all judgment to the Son, Who shuts and no one can open, Who opens
and no one can shut. Oh! strict judgment, in which men shall have to render account, not only for their acts but for every idle word that they have unrighteously spoken! Who then shall escape from His coming wrath? For the Son of Man shall send His angels, who shall separate from the kingdom of God all scandals, and those who work iniquity, and shall bind them into bundles to be burnt, and shall send them into a furnace of fire, where there shall be weeping and gnashing of teeth, groans and howlings, weepings and torturee, hissing and screaming, fear and trembling, pain and labour, burning heat and fetid smells, darkness and anxiety, bitterness and roughness, calamity and want, atraitness and sadness, forgetfulness and confusion, twistings and prickings, sorrows and terrors, hunger and thirst, cold and heat, sulphur and blazing fire for ever and ever. Let each, then, beware of that judgment, when the Judge will be terribly strict, intoleraby severe, immoderately offended, vehemently angered, and His sentence unchangeable, His prison without any return from it, His torments without end, without interval, and without assuagment, His tormentors horrible, who never grow weary, who never pity when fear disturbs the accused, his conscience cond⚫mns him, his thoughts reproach him, and he may not flee away, whence the blessed Augustine, Oh! how far too great are my sins; wherefore, when one has God as a rightful judge, and one's own conscience as a witness, one has nothing to fear but one's own cause.'"-Bracton De Legibus Angliæ, Liber I., Chap. II, Twiss' transalation.
Then we come to Littleton. We find that his period was particularly that of the discovery of America by Columbus. And then we come to Lord Coke's day. We find that it is just at the dawn of American colonisation. Then we come down to Hale and we find that it is just at the close of American colonisation, which is about co-eval with the settlement of Pennsylvania, which was the last of the thirteen colonies to be settled with the single exception of Georgia. Finally, we come to Blackstone as the master of them all in point of style and the most perfect in analysis.
I have often put to myself the question: What is the value of Blackstone's Commentaries? What is their real place and value in legal literature? We can answer that question in one of two ways, by reading his work and by examining his raw material. I submit that we cannot begin to understand the value, or the extent, or the character of the work that he performed except by the latter method. We read the work-delightful reading. A month will amply suffice for the reading of it, but it is not the charm of his style that we are most impressed by. It is not the perspicacity and the precision, and the brevity, and the accuracy of his definitions, though the work is remarkable for that; but it is because the commentator, taking as raw material Anglo-Saxon customs, Norman accretions, ecclesiastical rules, Roman maxime, Plantagenet statutes, and English digests-a turbid mass tumbling through the centuries, carrying down foul and conflicting matter was able by the most astonishing degree of intellectual and legal alchemy to distil a limpid fluid which could be quaffed without disgust. If you were to pile up on the tables in this room the unabridged statutes, the old folios, the treatises, the digeste, the entrier, the abridgments, the reports, you would find that out of ten camels' loads he had by a marvellous power of intellectual compression brought the vast bulk into four small quartos. Now, the publication of his book-the first edition-was in 1767, and think of the importance of that date to us in this country, just prior to our Declaration of Independence. There were more copies of Blackstone's Commentaries sold in the thirteen colonies than there were in London. The first American edition of Blackstone's Commentaries was published in Philadelphia just five years after the appearance of the first edition in London. In 1772 twenty-five hundred American lawyers subscribed for that book and at the very head of the list of subscribers stands the name of John Adams, of Massachusetts. English. common law had a new birth on this continent owing to that very circumstance, and therefore it is that whether in orowded cities, on the plains, in valleys, among the mountains, or on the shores of our Great Lakes, and along the banks of our mighty rivers the great commentator for years was omnipresent.
Now, to this may be added the thought that it is not alone to the lives of our judges, or to the lives of our commentators and our great authors that we must turn to properly appreciate the full value of this as an aid to the mastery of the various and ill-sorted learning of the law, and we must take the statutes and we must take the саѕея. Cases themselves must shave an ancestry. Judges cannot usurp jurisdiction. They cannot, however philosophically inclined, settle doubts or contrive that an issue shall be evolved on the records brought to them for decision. It is one of the extraordinary things that had John Marshall gone to his grave after only fifteen years of service only one great decision of his would have appeared, the case of Marbury v. Madison, but all the other great cases which have made his name immortal occurred in the second half of his career. Why? Because the country had not grown up during the earlier years of hia judicial incumbency; time was required for the evolution of the raising of the questions in Cohens v. Virginia, Gib!ons Ogie and McClough v. Maryland. They were in embryo awaiting the decision of that great mind which was to move like Newton's, or Keppler's, or Copernicus', in the settlement of principles which should guide our legal astronomy and dominate our legal heavens for ever.
We take the statutes. Statutes, too, have a biography. They are not dead things. They are the will of the people crystallised into law. Do we not ask ourselves the question: How was it that in such a degraded and degenerate age as that of Charles II. a statute such as that against frauds and perjuries should happen to be passed? Is it enough simply to say that the 17th clause is enforced in most of the States of the Union? We require to know something about the
Aug. 5, 1911.]
THE LAW TIMES.
history of those times, and why it was that those various sections had to be put in the form of some statutory expression of the will of the English Parliament in order to guide judges in their determination of matters and principles which lie at the foundation of jurisprudence. Take a national illustration. Our great Judiciary Act of 1789 can be personified in the same way. The 25th section particularly provided for the appellate jurisdiction of the Supreme Court of the United States. Surely, when we read the journals of the Continental Congress and the letters that George Washington addressed to the Governors of the different States, and his correspondence with the members of the Continental Congress, we find that Washington, being the focus upon which all the converging rays of dissatisfaction other man saw the necessity oentred, for a great, strong, Federal, central jurisdiction which should regulate and control matters with which the State Governments themselves were inadequate to deal. During the time of the Contimental Congress, when we had no President, no real executive force, when we had but a single legislative chamber and no Federal judiciary, how were questions of the conflicts of boundaries between the States to be settled ? How questions between citizens of different colonies? How questions of prize and capture on the sea when a Pennsylvania privateer happened to share in the exploit of Captain Manly in an expedition fitted out under the auspices of the colony of Massachusetts? Here we had the germs of the Federal jurisdiction pressing themselves in and upon the consideration of the members of the Continental Congress, seven of whom afterwards served as framers of the Constitution of the United States, and among So them was that great man of Connecticut, Oliver Ellsworth. that the genesis of the statute is one of the rock-rib sources of our national jurisprudence and in that we reach the living law. In the 25th section the appellate jurisdiction the Supreme Court is described in words of light. of the danger which threatened that statute.
Then think The greatest the jurisservice that James Buchanan performed to prudence of the nation was to save that statute from repeal. The disciples of Thomas Jefferson, enraged at the extent and meaning and the application of Chief Justice Marshall's decision in Cohens v. State of Virginia, had a Bill introduced into the House to repeal the 25th section of the Judiciary Act. A majority report was presented dissented from alone by James Buchanan, and in reading the minority report he said, "Instead of a Bill to repeal the 25th section, this Bill ought to be entitled a Bill to abolish the Supreme Court of the United States and to dissolve the Union," and the strength of his minority report was such as to carry sufficient weight on the floor of the House to defeat the measure.
Now, these are mere illustrations to show that a knowledge of the statutes and cases and the judges who decide cases can all be supplemented by a study of biography, by a collection of autographs and documents, and by the collection of pictures. Surely, gentlemen, we, as a body of lawyers-it matters not what the name of the State from which we come are all members of the great Federal Repuolie which is our pride and our glory, and the State lines which separate us from each other are invisible. There is running through the whole science of jurisprudence a struggle to make on earth the closest approach from the practical side to the administration of the justice of the Most High. There is no more splendid political architecture ever conceived by the brain of man that the conception which entered into the brains of the framers of the Constitution of the United States when they conceived that great court, the Supreme Court of the United States, to regulate, without the spilling of a single drop of blood, all differences between citizens and foreigners, or citizens of different States, and to spread the mantle of the Constitution without stretching until its ample folds involved State after State with principles which are the bed-rock foundation of things which were 100ted, not simply in AngloSaxon customs or Norman precedents, or Roman philosophy, or Hindu law, or Gentoo codes," but principles which justify themselves to the intelligent appreciation of the scientific as well as the practical jurist, as being based, not alone on abstract philosophy, but based upon man as an individual hoping to realise, in his own case, the highest opportunities for individual advancement. That is the glory of our citizenship. That is the glory of our jurisprudence which we lawyers hold dear, dearer than tongue can tell, those principles of which Choate, Webster, Binney, Gibson, Sergeant, Dexter, Story, Kent, and Marshall are the great luminaries, whose figures stretch in majestic procession before us-dead, but still alive, ruling our spirits from their funeral urns.
HEIRS-AT-LAW AND NEXT OF KIN. BLACKETT (Mary), Plymouth, who died Oct. 27, 1901.
Her brother, John
CLARKE (John Joseph), Brighton, who died Jan. 14, 1908. Heir-at-law
ELLIS (Charles Gerard). Persons entitled to the funds in court to the
Ellis, deceased," to come in, by Nov. 21, at chambers of Warrington and Parker, JJ., Room 254. Hearing Dec. 1, at 12, at said chambers, Room 252.
GILL (Henry). By an order made in the matter of the trusts of the will of Henry Gill, formerly of York, gentleman, so far as they relate to the legacies given to Thomas Gill, the elder, William Forbes, Frances Caroline Gill, Sarah Ruth Gill, Elizabeth Mary Gill, Thomas Persons entitled to the Gill, the younger, and William Hodges. Account of the funds in court to the credit of the said matter. (1) legacies of £666 13s. 4d. and £200 under the will of Henry Gill to elder, Thomas Gill, the formerly of 9, Clement's-inn, Strand (Attorney)," and (2) Account of legacy under the will of Henry Gill to Thomas Gill, the younger,' to come in, by Oct. 12, at chambers of Warrington and Parker, JJ. Hearing Oct. 19, at 12, at said chambers, Room 315.
APPOINTMENTS UNDER THE JOINT STOCK
NOTICES OF APPEARANCE AT HEARING MUST REACH THE SOLICITORS BY 6 P.M. ON THE
ARGENTINE (WESTERN) PETROLEUM SYNDICATE LIMITED.-Creditors to send in, by Sept. 8, to O. W. Downing, Finsbury-pavement House, E.C. AUTOMATIC TINNING MACHINE COMPANY LIMITED.-Creditors to send in, by Aug. 11, to W. Picton Jones, Cambrian-chmbrs, Swansea, and 20, Station-rd, Port Talbot. HAMMOND AND CO. (WARE) LIMITED.-Creditors to send in, by Sept. 5, to O. Berry, Monument House, Monument-sq, E.C. LONDON CONCESSIONS AND CONSTRUCTION SYNDICATE LIMITED.-Petition for winding-up to be heard Aug. 16, at Royal Courts of Justice. Gover and Co., 71, Queen-st, Cheapside, E.C. Notices of appearance by Aug. 15. MINES AND BANKING CORPORATION LIMITED.-Petition for winding-up to be heard Aug. 9, at Royal Courts of Justice. Emmet and Co., 14, Bloomsbury-sq, sols. for pet. Notices of appearance by Aug 8. MINCING LANE SYNDICATE LIMITED.-Creditors to send in, by Aug. 31. to W. Abbott, 24, Coleman-st, E.C. W. H. Martin and Co., 15, Kingst, Guildhall, E.C., sols. for liquidator. PANNI LANDS AND RUBBER ESTATES LIMITED.-Creditors to send in, by Aug. 22, to R. H. Nerney, 27 and 28, Old Jewry, E.C.
RUBBER ESTATES LIMITED.-Order for continuation of voluntary windingup subject to supervision of the court, made by Neville, J., dated July 18. H. P. Becher, 26, Bedford-row, W.C., sol. for pet. WEST VALE MANUFACTURING COMPANY LIMITED.-Creditors to send in, by Aug. 31, to E. Sudworth, Imperial Arcade, Huddersfield. WILLIAM LEA MOTOR COMPANY LIMITED.-Creditors to send in, by Sept. 9, to F. T. P. Deyes, 5, Cook-st, Liverpool. Collins, Robinson, Drilfields, and Kusel, Liverpool, sols. to liquidator.
CREDITORS UNDER ESTATES IN CHANCERY.
Sept. 8; W. Proctor, sol., Manchester.
WAKEFIELD (John), Ventnor. Sept. 30; P. D. Jones, of Bayley and
COUNTY COURTS JURISDICTION.
Sept. 2; T. E. Auden, Sept. 27; Registrar
CREDITORS UNDER 22 & 23 VICT. c. 35. LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. ABSON (William), Askern. Aug. 28; Rideal and Son, Barnsley. ALEXANDER (Thomas), Walton. Forthwith; R. Mills Roberts, Liverpool. ADAMSON (Thomas), Sunderland. Aug. 31; C. R. Walker, Sunderland. ASHLEY (Jane Sarah), Lincoln. Aug. 27; Hebb and Sills, Lincoln. BULMER (John Edward), Fleetwood. Aug. 31; J. R. Gaulter, Fleetwood. BOUMPHREY (Alice), Stoneycroft, Liverpool, Sept. 1; M. A. Howorth, at the offices of Hill, Dickinson, and Co., Liverpool.
BACH (Sarah), Walthamstow. Sept. 5, Adam Burn and Son, 6, Bell-yd,
BAGLEY (Ralph), Werneth. Sept. 30; R. Innes, Manchester.
BLOOMFIELD (Mary Ann), Ipswich. Aug. 9; Turner, Turner, and Martin,
CRAVEN (Michael), Bradford.
Sept. 15; Wade, Bilbrough, Tetley, and
COVIL (Edward Sampson), Plumstead. Woolwich.
Aug. 31; E. W. Sampson,
CHAMPION (Marion), West Hampstead. Sept. 29; Champion, Smith, and
CULL (James), Phillimore-grdns. Sept. 10; Stephenson, Harwood, and
CHRISTIE (Michael Hinchy), Reddish and Manchester. Aug. 9; Scholes and Farrington, Manchester.
CHRISTY (Joseph Fell), Upton, Alresford. Sept. 13; Badham, Comins,
Sept. 1; Lambert and Smith, Manchester.
CUPISS (Thomas), Leigh-on-Sea. Aug. 29; W. G. Beecroft, 29, Queen-st,
DRY (John Richard), Hull. Aug. 21; R. Witty, Hull.
DAVIES (Rev. John Jones), Llanfrothen.
Aug. 25; Lloyd George and
ENGLISH (Charles), King's Heath. Sept. 2; A. D. Brooks, Birmingham. FREEMAN (James Edmund), Fulbourn. Sept. 20; Wood and Wootton, 13, Fish-st-hill, E.C.
FOSTER (Thomas), Sunderland, and FCSTER (Eliza). Aug. 31; Graham, Shepherd, and Sens, Sunderland.
FEARNLEY (Emily), Darlington. Aug. 1; Steavenson, Sons, and Plant, Darlington.
FRANCIS (Charles Randall), Worthing. Sept. 1; F. C. Gates, Worthing. FINISTER (George Frederic), Harrogate. Oct. 2; J. B. and J. A. Brooke, Leeds.
GROUNDS (Ellen), Warrington. Sept. 7; H. Greenall and Co., Warrington.
GRIFFITHS (Griffith), Newtown, Mon. Aug. 21; Williams, Gittins, and Taylor, Newtown, Mon.
GARNER (Elizabeth Eleanor), Belvedere. Aug. 31; A. A. Tayler, 84,
HOOPER (William Edward Lewis), Streatham Park. Sept. 15; Cheale and Son, Tunbridge Wells.
HADDRELL (Edward John), Roundway, Devizes. Aug. 10; W. H. Bcocock and Son, Halifax.
HENRY (Frederick William), Acton. Aug. 31; Balfour-Allan and North, 7, King's Bench-walk, Temple, E.C.
HOLT (William), Rochdale. Sept. 16; J. H. Chadwick, Rochdale. HOLBECHE (Robert Neville). Birmingham and Moseley. Sept. 14; Ryland, Martineau, and Co., Birmingham.
IBBOTSON (Priscilla), Rotherham. Sept. 16; Oxley and Coward, Rotherham.
JAMES (Christopher), Old-sq, Lincoln's-inn, W.C., and Connaught-sq, W.
JACOBS (Lewis), Hampstead. Sept. 1; J. C. Button and Co., London
LATHEY (William), West Tisbury. Sept. 1; Marsh and Warry, Yeovil.
MORTIMER (Elizabeth Ann), Newhall, Broadclyst. Aug. 10; R. Robinson Rodd, East Stonehouse, Devon.
MYERS (George), Lytham. Sept. 1; W. and J. Cooper, Preston.
MAYCOCK (Thomas Smith). Weston Favell. Sept. 12; Dennis, Faulkner, and Alsop, Northampton.
MCGILL (William), Manchester. Sept. 16; Foyster, Waddington, and Co., Manchester.
MILLER (Betsy), Smallshaw, Ashton-under-Lyne. Sept. 5; W. Richards,
PATEFIELD (George), Stump Cross. Aug. 26; W. Bailey, Halifax.
PRESSLY (Ellen). Bournemouth. Sept. 20; Loxley, Elam, and Gardner, 80, Cheapside, E.C.
PRATT (Mary), Erwarton.
Sept. 1; J. C. and R. Weddell, Berwick-upon
RADCLIFFE (John), Greenfield, Saddleworth. Sept. 29; E. Rowbotham, Oldham.
(John), Gartconnell, Dumbarton, and
Sept. 30; Walker, Martineau, and Co., 36, Theobald's-rd, Gray's-inn, 17, Wilton-cres. W.C.
RANDALL (Walter Jchn). Witham. Aug. 15; W. B. Blocd, Witham. ROBINSON (Capt Marshall). Huddersfield. Aug. 14; Armitage, Sykes, and Hinchcliffe, Huddersfield.
RICHARDSON (Edward), Stroud Green. Sept. 14; Ashley, Tee, and Sons, 7, Frederick's-pl, Old Jewry, E.C.
SHEPPARD (Thomas), Grocers' Hall-ct, Poultry, and Brockley.
Hubbard, Son, and Eve, 110, Cannon-st, E C.
SAUNDERS (Janet). Ely. Sept. 1; G. M. Hall, Ely, Cambs.
Buckmaster, and Bolden, 70, Gracechurch-st, E.C.
SIMS (John), Leigh. Sept. 2; Marsh, Son, and Calvert. Leigh, Lancs. STEGGALL (Caroline), Southover, Lewes. Sept. 16; Eaden, Spearing, and Raynes, Cambridge.
STEPHENS (William Henry), Plympton. Sept. 23; J. P. Dobell, Plymouth. SNOOK (Samuel), Botley. Aug. 28; P. C. Burley, Bishop's Waltham. SABIN (Frederick), Blackpool. Sept. 9; E. Heath and Sons. Manchester. SLATTERY (Henry Francis), National Bank. Old Broad-st, and Great
Marlow. Aug. 26; Blount, Lynch, and Petre, 48. Albemarle-st, W. SCHIRRMACHER (Louise), Ingestre-bldgs. Broad-st, Golden-sq. 1. L. D. Otto, at the offices of J. H. Waterman, Regent House, Sept. 4; Regent-st, W.
TAYLOR (Alice), Rochdale. Aug. 31: Brierlev and Hudson, Rochdale. TIDY (William), Beckenham. Aug. 14; Knapp-Fisher and Sons, 27, Buckingham-gate, Westminster.
THORNTON (Sarah Rose), Brighton. Sept. 8; Stuckey, Son, and Pope, Brighton.
WILLIAMSON (Harriett), Colwyn Bay. Nov. 1; Middlemiss and Pearce, Hull.
WEILS (William John), Toronto, Canada. Sept. 1; Marsh and Warry, Yeovil.
WEIR (James Galloway), Hampstead.
Hood. 20. Craven-st, Charing Cross, W.C. Sent. 9; Radcliffe, Cator, and WILSON (William Gilmour), Faling. Sept. 30; C Fred Kennedy and Co.,
13 and 14, Abchurch-la, E.C.
WRIGHT (Eli), Oldham. Aug. 12; W. Ogden, Oldham.
WILSON (Thomas), Levenshulme. Sept. 12; Sale and Co.. Manchester. WEST (James Fitzjames Fraser), Edgbaston. Sept. 29; Balden and Son, Birmingham.
WHYATT (William), Hyde. Aug. 26; F. Knowles and Son. Hyde.
WERB (Ann), Gravelly Hill. Sept. 15; Reynolds and James, Birmingham.
WYATT (John). Dalston. Sept. 15; Fooks, Chadwick, Arnold, and Chadwick, 60, Carey-st, Lincoln's-inn.
YOUNG (George), Tweedmouth. Sept. 1; T. C. Smith, Berwick-upon-
PROMOTIONS AND APPOINTMENTS.
Information intended for publication under the above heading should reach us not later than Thursday morning in each week, as publication is otherwise delayed.
Mr. THOMAS STAFFORD SIDNEY, Attorney-General for the Leeward J-lands, has been appointed King's Counsel for that district. Mr. Sidney was called by the Middle Temple in 1885.
Mr. JOHN STUART MARTIN. Registrar of the Supreme Court and Magistrate of the Southern District, bas been appointed an Official Member of the Legislative Council of the Island of Grenada. Mr. Martin was called by the Middle Temple in 1896.
Mr. BASIL SHAW BRIGGS, solicitor, of Wakefield, has been appointed Official Receiver in Bankruptcy for the Wakefield District, in succes. sion to Mr. J. B. Ottley, resigned. Mr. Briggs was admitted in 1891.
Mr. CLEMENT E. ARNOULD, of the firm of A. H. Arnould and Son, of 10, New-court, Lincoln's-inn, has been appointed & Commissioner to Administer Oaths in respect of Prince Edward Island, Nova Scotia, Toronto, and Alberta. Mr. Arnould was admitted in 1888.
Mr. C. T. RHODES, of the firm of Christopher T. Rhodes and Son. solicitors, Halifax, has been appointed a Commissioner for Oaths for all the Provincial Divisions of the Supreme Court of South Africa. Mr. Rhodes was admitted in 1886.
NOTES AND QUERIES.
This column is intended for the use of members of the Legal Profession, and therefore queries from lay correspondents cannot be inserted. Under no circumstances are editorial replies undertaken.
None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee of bona fides.
16. SUMMARY JURISDICTION ACTS-CONVICTION FOR DRUNKENNESS RIGHT OF APPEAL TO QUARTER SESSIONS-LICENSING (CONSOLIDATION) ACT 1910-In June last A. B. was convicted by the borough magistrates for being drunk on licensed premises and fined. Notice of appeal against such conviction was given within the prescribed time (seven days). Does such right of appeal now exist? Having regard to the provisions of the Licensing Act 1910, s. 112, eub-s. 2, and the Interpretation Act 1899, s. 38, the right of appeal to quarter sessions, in such a case, does not seem free from difficulty. The opinion of your readers is sought on this novel and important point of practice. Cases and authorities will oblige. NOSLEN.
COUNCIL OF LEGAL EDUCATION.
READERS AND ASSISTANT READERS.
THE following appointments have been made by the Council of Legal Education for the year ending the 31st July 1912:
Roman Law, Jurisprudence, and International Law.--Reader, Mr.
J. Pawley Bate; Assistant Reader, Mr. S. H. Leonard.
Evidence, Procedure, and Criminal Law.-Reader, Mr. W. Blake Odgers, K.C.
The Law of Real Property and Conveyancing.-Reader, Mr. A. F. Topham; Assistant Reader, Mr. W. J. Whittaker.
Common Law.-Reader, Mr. Hugh Fraser; Assistant Reader, Mr. J. G. Pease.
Equity.-Reader, Mr. J. A. Strahan; Assistant Reader, Mr. G. M. T.
Hindu and Mahomedan Law.-Lecturer, Sir E. J. Trevelyan.
BRADFORD.-The annual general meeting was held at the Midland Hotel, Bradford, on the 28th ult., Mr. John Conobar presiding. The annual report, read by the hon. secretary (Mr. J. L. Windle), and the statement of accounte, presented by the hon. treasurer (Mr. G. Rollo Walker), showed that the number of members is 164, and that the society has a credit balance of £27. Prizes of £5 and £3, presented by the president of the Bradford Incorporated Law Society (Mr. B. Bottomley) and by Mr. H. T. Wade for an essay competi tion, were awarded to Mr. J. L. Windle and Mr. G. R. Brumfitt
respectively. Speaking prizes of three guineas and one guines were Awarded to Mr. E. Cawthron and Mr. John Conchar; a prize of the higher amount went to Mr. W. Harrison, Leeds, Mr. F. J. ButlerFleming and Mr. J. Conchar receiving one each of the lower amount. The prizes took the form of legal text-books.
Mr. HENRY GOOD, Registrar of the Colchester County Court, died on the 1st inst., aged seventy-seven. He was an alderman and magistrate of the borough, and had served the office of mayor twice.
Mr. EDMUND CARLYON, solicitor, died at St. Austell on the He was the fourth son of the Rev. 28th ult., aged ninety-two. Philip Carlyon, formerly rector of St. Mawgan in Pydar, was admitted in 1841, and had held the office of registrar of the County Court for the long period of sixty-five years, having only resigned it a few months ago. Mr. Carlyon took a leading part in bringing about the restoration of the ancient Cornish bishopric and the building of Truro Cathedral. For many years he was one of the county representatives in the House of Laymen. His wife, who predeceased him many years ago, was Marian, daughter of the late Mr. R. S. Cornish, of Hills Court, Exeter, and sister of the late Sir John Mowbray, M P. for Oxford University. He leaves no issue.
M. DUNCAN WILKIE PATERSON, S.S.C., died recently at his residence, in Merchiston-gardens, Edinburgh. Mr. Paterson was born in Dundee in 1828 and became a solicitor in the Supreme Courts of Scotland in 1854. At the time of his death he was the oldest member of the Society. He was concerned with the introduction of tramways into Edinburgh, and was for a number of years legal adviser of the Edinburgh Tramways Company. Mr. Paterson specialised in railway and tramway law, and had a wide knowledge of Parliamentary practice. He is survived by five children. His wife, the daughter of the late Mr. Alex. Stephen, shipbuilder, died eighteen months ago.
THE COURTS AND COURT PAPERS.
HIGH COURT OF JUSTICE.-LONG VACATION
DURING the Vacation up to and including Tuesday, the 5th Sept., all applications which may require to be immediately or promptly heard" are to be made to the Hon. Mr. Justice Horridge.
COURT BUSINESS.-The Hon. Mr. Justice Horridge will, until further notice, sit in the Lord Chief Justice's Court, Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commencing on Wednesday, the 9th Aug, for the purpose of hearing such applications of the above nature as, according to the practice in the Chancery Division, are usually heard in court. No case will be placed in the judge's paper unless leave has been previously obtained, or a certificate of counsel that the case requires to be immediately or promptly heard, and stating concisely the reasons, is left with the papers. The necessary papers, relating to every application made to the Vacation judges see notice below as to judges' papers), are to be left with the cause clerk in attendance, Chancery Registrars' Office, Room 136, Royal Courts of Justice, before one o'clock two days previous to the day on which the application is intended to be made. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation papers, or they may be sent by post, but in either case so as to be received by the time aforesaid.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT CHAMBERS.-Application may be made in any case of urgency, to the judge, personally (if necessary), or by post or rail, prepaid, accompanied by the brief of counsel, office copies of the affidavits in support of the application, and also by a minute, on a separate sheet of paper, signed by counsel, of the order he may consider the applicant entitled to, and also an envelope, sufficiently stamped, capable of receiving the papers, addressed as follows: " Chancery Official Letter: To the Registrar in Vacation, Chancery Registrars' Office, Royal Courts of Justice, London, W.C." On applications for injunctions, in addition to the above, a copy of the writ, and a certificate of writ issued, must also be sent. The papers sent to the judge will be returned to the registrar. The address of the judge for the time being acting as Vacation judge can be obtained on application at Room 136, Royal Courts of Justice.
CHANCERY CHAMBER BUSINESS.-The chambers of Justices Joyce and Eve will be open for Vacation business on Tuesday, Wednesday, Thursday, and Friday in each week, from ten to two o'clock. Mr. Justice KING'S BENCH CHAMBER BUSINESS.-The Hon. Horridge will, until further notice, sit for the disposal of King's Bench business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thureday in every week, commencing on Tuesday, the 8th Aug. PROBATE AND DIVORCE.-Summonses will be heard by the registrar, at the Principal Probate Registry, Somerset House, every day during the Vacation at 11.30 (Saturdays excepted). Motions will be heard by the registrar on Wednesdays, the 16th and 30th Aug:, the 13th and 27th Sept., at the Principal Probate Registry, at 12.30. Decrees wil be made absolute on Wednesday, the 9th and 23rd Aug,
the 6th, 20th, and 27th Sept. All papers for motions and for making decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock.
JUDGE'S PAPERS FOR USE IN COURT.-CHANCERY DIVISION.-The following papers for the Vacation judge are required to be left with the cause clerk in attendance at the Chancery Registrars' Office, Room 136, Royal Courts of Justice, on or before one o'clock, two days previous to the day on which the application to the judge is intended to be made: 1. Counsel's certificate of urgency or note of special leave granted by the judge. 2. Two copies of writ and two copies of pleadings (if any), and any other documents showing the nature of the application. 3. Two copies of notice of motion. 4. Office copy affidavits in support, and also affidavits in answer (if any).
N.B.-Solicitors are requested, when the application has been disposed of, to apply at once to the judge's clerk in court for the return of their papers.
Chancery Registrars' Office, Royal Courts of Justice,
MALCOLM, H. G., Strand. July 26.
OBERMAN, S., Bethnal Green-rd. July 26.
OVERTON, CHARLES EDWARD, and GOUDIE, JAMES, King-st, Hammersmith,
PACKARD, ARTHUR RUDOLPH, late Porchester-sq, Paddington, bank clerk.
To surrender at their respective District Courts.
BIRD, JOHN, Rock Ferry, estate agent. Ct. Birkenhead. July 21.
Mon. July 24.
HOLFORD, ARTHUR ALBERT (trading as George Holford), Gloucester, fish
HARRISON, LEONARD, late North Stoke, farmer. Ct. Brighton. July 24.
LA GRANGE, BENEDETTA JOHN (late trading as the Anglo-American Dental
MALLINSON, ARTHUR THOMAS, Leeds, dripping manufacturer.
OWEN, THOMAS DAVID, Bettws, colliery fanman.
PITTS, CHARLES, Bradford, veterinary inspector. Ct. Bradford. July 25.
Porth. July 26.
PORTER, FRANK NEWBORN, Rotherham, late greengrocer.
PENNY, THOMAS OSBORNE, Ashover, late farmer. Ct. Derby and Long
RAWDING, HENRY, late Eagle Hall, farmer. Ct. Lincoln. July 25.
SCHOLEFIELD, LILA, Bryanston-mansions, Bryanston-sq. spinster. July 27.
To surrender at their respective District Courts.
BRADY, JAMES FREDERICK, Golders Green, builder. Ct. Barnet. July 27.
CLAXTON, DAVID, Birmingham, coal merchant. Ct. Birmingham.
FARR, ALBERT EDWARD, Frinton-on-Sea,
HOLT, VINCENT EDWARD, Willenhall,
builder. Ct. Colchester.
grocer. Ct. Wolverhampton.
HARTLEY, ALBERT, Sheffield, licensed victualler. Ct. Sheffield. July 28. HOOLEY, TERAH FRANKLIN, Papworth Everard, farmer. Ct. Cambridge. July 28.
HAZLEY, JOHN HENRY, Yeadon, waste manufacturer. Ct. Leeds. July 28.
JOHNSON, WALTER HARRY (late trading as Walter Johnson), Cosby, late
PERKINS, GEORGE, West Bromwich, stonemason. Ct. West Bromwich. July 27.
REYNOLDS. EDWARD JOHN, Hyde, dairyman farmer. Ct. Gloucester.
ROSEMAN, SOLOMON, Leeds, auctioneer. Ct. Leeds. July 27.
WEBB, HENRY, Wolverhampton, musical instrument dealer. Ct. Wolverhampton. July 28.
ADJUDICATIONS. GAZETTE, JULY 28.
BROWN, ARTHUR, Cornwall-mansions, Regent's Park, insurance clerk. Ct. High Court. July 25.
BARNARD, DAVID, late Rosebery-av, Clerkenwell, cinematograph theatre proprietor Ct. High Court. July 24.
BRILLIANT, LEOPOLD (described in the receiving order as Leo Brilliant),
BILZON, JOSEPH, late Clowne, newsagent. Ct. Sheffield. July 26.
GOODALL, EDWIN FREDERIC, Birmingham, general merchant. Ct. Birmingham. July 24.
GREEN, JAMES FREDERICK, late Maesycwmmer, butcher.
Mon. July 24.
HOLFORD, ARTHUR ALBERT (trading as George Holford), Gloucester, fish salesman. Ct. Gloucester. July 26.
JAMES, GRIFFITH ARNOLD, Swansea, builder. Ct. Swansea. July 26.
JONES, EVAN, Caerau, coal miner. Ct. Cardiff. July 24.
KITCHEN, IRA (trading as Sidney Kitchen and Son), Stainland, bed flock manufacturer. Ct. Halifax. July 26.
LA GRANGE, BENEDETTA JOHN (late trading as the Anglo-American Dental Association), late Leeds, dentist's manager. Ct. Leeds. July 25. MTAKIN, LOUIS, Kew Gardens. Ct. Wandsworth. July 24.
MCCONNELL, DAVID, late Knightsbridge, horsedealer. Ct. High Court. July 26.
MOLLEKIN, HERBERT (trading as Mollekin and Co.), Maltby, builder. Ct.
Sheffield. July 25.
MALLINSON, ARTHUR THOMAS, Leeds, dripping manufacturer. Ct. Leeds. July 26.
OVERTON, CHARLES EDWARD, and GOUDIE, JAMES, King-st, Hammersmith, greengrocers. Ct. High Court. July 26.
OWEN, THOMAS DAVID, Bettws, colliery fanman. Ct. Carmarthen. July 25.
PENNY, THOMAS OSBORNE, Ashover, late farmer.
Eaton. July 24.
Ct. Derby and Long
BOWMAN, JOHN THOMAS, Leeds, coach builder. Ct. Leeds. July 27.
HERON, IRENE CLARISSA LORIANNE, Battersea Park, spinster. Ct. Wandsworth. July 29.
JACKSON, ALBERT (trading as E. L. Jackson), Manchester, boot dealer. Ct. Manchester. July 27.
JOHNSON, WALTER HARRY (late trading as Walter Johnson), Cosby, late boot manufacturer. Ct. Leicester. July 27.
JONES, FREDERICK, Runcorn, boot dealer. Ct. Warrington. July 28.
MCGARRY, MICHAEL (trading as the South London Machine Company), .
MORGAN, EDWIN, Warmley, butcher. Ct. Bristol. July 28.
PERKINS, GEORGE, West Bromwich, stonemason. Ct. West Bromwich.
ROSEMAN, SOLOMON, Leeds, late auctioneer. Ct. Leeds. July 27.
SNELL, JOHN, late Polperro, merchant. Ct. Plymouth. July 27.
SIMPSON, JOSEPH, late Devereux-ct, Temple, company promoter.
High Court. July 28.
July 28. July 28. July 28. July 28.
SITCH, ALFRED, Brecknock-rd, metal worker. Ct. High Court.
GAZETTE, JULY 28.
BEDINGFIELD, GEORGE CORNELIUS, late Wangford, hay dealer. Ct. Great Yarmouth. July 25.
THOMSON, ARTHUR, Hereford, secretary of company. Ct. Hereford. July 18.
BIRTHS, MARRIAGES, AND DEATHS.
ALISON BRODIE.-On the 22nd ult., at St. Giles' Cathedral, Edinburgh,
Good prices given for approved Securities.
Upon Security of Life Interests, Reversions, &c:
Upon first-class properties considered.
BUSINESS CARRIED THROUGH WITHOUT DELAY.