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designed to make the body addressed feel that it would like to public speakers. He alone can depend upon the compulsory process do the thing to which the speaker sought to persuade it. The other of government to furnish an audience. However tedious he may was the argument of one who must convince a tribunal that the prove, he can, if able to secure a client, rely upon one sympathetic judgment sought was one required by the settled principles of a hearer at least, and the sheriff and jury commissioners will furnish land of liberty protected by law. Certainly the Greeks were great the rest. Nor does he suffer the pangs of the man who, having orators. Masters of all the arts, they seem to many to be our * hired a hall,” discovers that, models in this, as in literature, sculpture, and architecture. But
Though his voice completely filled the house, if this be true, one must lay aside his modern instincts and become
It also emptied it.” saturated with the spirit of the antique life to feel that it is so. To the lawyer the Greek orator violates every tradition of his For the lawyer's hearers there is no way of escape. Even though training, every acquired instinct of his calling. Between Demos- we put jurymen to sleep-an autobiographical reminiscence--a kindly thenes' Oration on the Crown and Cicero's Defence of Milo we seem judge may sometimes request the sheriff to awaken them. Were to have passed from a world governed by popular or personal flight open to them we would doubtless have many occasions to despotism, benevolent or malignant as the case may be, to one regret that our remarks were not more brief and pointed. As it is, where the tribunals must at least profess allegiance to civil liberty the penalty for prosiness, though inevitable, is delayed; weary and settled rights.
lawyers with endless tongues” have become a by-word, and the For many centuries the adrocate has been a familiar figure to temptation to slovenly and inartistic advocacy in our off days which the world, and for much of this time he has constituted the most we all have is left to work its full measure of evil with our style. numerous, the most highly skilled, and the ablest class devoted to
If the lawyer's discipline has its dangers and defects, it has also the profession of influencing human conviction and actîon by the some striking merits. By virtue of addressing most commonly, in persuasion of the tongue. The forum has been the world's great the jury, an audience for whom he must translate into common school in this art. Sparkling or dull, eloquent or tedious, the Hood speech the intricacies of a technical branch of learning, he is apt of speech has flowed through the courts for ages, and will continue to be free from the grave defect of most specialists, arising from to flow, whatever changes in its manner and methods the fashions
their inability to understand how much of their learning the hearer of the day may impose.
must be ignorant. At his best he is a master of the art of simplifying Yet if we look at the collected specimens of the world's eloquence complicated propositions and nice distinctions. Sometimes he is it is remarkable how little figure is cut there by the oratory of the liable to carry this habit over into his address to the court. advocate. The productions of the clergy sleep, or diffuse sleep if “ Counsel might assume that the court knows some law,” said a disturbed, in ponderous volumes awful in number and weight. The snappish judge to the advocate who was proceeding at length to declamations of the statesman repose in monumental quartos. Yet enforce assent to a proposition which was fundamental. But the only here and there has there survived in print any memorial of the
answer was a fair retort : “I made that mistake, your Honour, efforts of the lawyer for his client. There is reason for all things, with the court below.' Still more severe was the treatment of a and must be one or several for this. Some of these I would briefly similar offender by Lord Ellenborough. An eminent conveyancer, suggest.
arguing a real property case, commenced his address : “An estate The lawyer's speech is necessarily unwritten. The materials are
in fee simple is the highest estate known to the laws of England.” furnished him in the trial, and he must deal with them at once.
“Stay, stay,” exclaimed the Chief Justice, interrupting him; “let Even in these days of stenographers they are rarely reported. me write that down.” He wrote and gravely read : “An estate in Necessarily they assume a knowledge by the hearers of many things fee simple is the highest estate known to the laws of England.' fresh in their memory--the evidence, the argument replied to- The court, sir, is indebted to you for the information.' In truth, which are not to be supplied by a reader. The form which would
the more completely a speaker has made himself master of his make them intelligible to a later student would be destructive of
subject, the more difficult he may find it to get bac k into sympathy : their effect upon the hearer. They ought not to be, and seldom are, with the state of mind of even an intelligent man who has not preserved. The merit of the great advocate soon becomes a mere given it special study. Just how much your hearer knows, how tradition, and usually a short-lived one.
much he does not know, and where you are to start with him-how Then the lawyer's eloquence is exerted for temporary purposes far carry him through the processes of thought by which you have only. His object is to secure a particular and immediate action
reached your conclusion-is one of the nicest and most difficult from one or several persons whom he addresses; everything else things for the advocate to determine. It may be equally fatal to is necessarily subservient to this demand. And because this is so
talk over the head of your audience or under it, that is if your sole he must deal with the minds of his hearers in such condition as he desire is to convince or persuade. It is because this is most finds them. He can in only a limited degree make his work educa- commonly the lawyer's sole desire that he is apt to be keenly alive tive, profound, or philosophical. Making his best effort to deter- to all the difficulties mentioned. Of other public speakers, so large mine how much knowledge, what sympathies or prejudices, what a proportion are moved chiefly by desire to excite admiration of ideas of human conduct or motives he is addressing, he must con- themselves that these maxims are not applicable to them. A consider very litile the possibility of correcting his hearers' short- siderable number of hearers will always admire your learning in comings in any of these respects, and very much the possibility of inverse proportion to their ability to understand what you mean, turning their shortcomings as well as their longcomings to the and your rhetoric directly in proportion to its divergence from the profit of his client. For he has no time whatever for arguing a ordinary forms of human speech. juryman out of his previous conceptions of human nature or conduct,
The temptation before any speaker to attempt winning the perand very little for arguing the judge out of his misconceptions of sonal admiration of his audience is very great, and is properly law. “Quite so, your Honour, but - must be his ordinary form indulged where, as is frequently the case, this is the speaker's of response to the announcement from the bench of a view hostile
primary object. If he is concerned only for the advancement of to his case. A settled opinion in the judicial mind is a position not the cause for which he professes to speak, he will as a rule detract easily taken by assault, and the advocate never has time for siege from his success in this by any course which emphasises his own operations. A turning movement is all that is ordinarily left him. personality or gifts. Wit and humour are most delightful and
Consider how different the position of the clergyman who welcome accomplishments. We warm at once to the orator who addresses much the same audience from week to week and from possesses them. But few public speakers have attained reputation year to year, and whose work is largely an educative one and as humorists without having cause to lament it. They have found cumulative in its effect; or that of the political orator who labours that, though men listened to them with delight, the power to with other orators and with the press and with the pamphlet to influence their convictions was lost. There is hardly s celebrated secure results only at the end of a long campaign; or that of the
wit among the great orators who has not borne testimony to this reformer or agitator who, against hope of present success, looks to fact. The exceptions are those who never cared whether they did the result of a lifetime spent in a cause. From this arises one of more than to amuse. the striking defects in the training of the advocate as a public The fate of the speaker who strives for applause is much the orator. Truth and soundness of argument are apt to be sacrificed
The sentences which evoke thunders of cheering from an to mere plausibility. “Remember that your judges are to hear it audience are those which state, pointedly and rhetorically, the very but once
was the reply of the Greek rhetorician to the client who things they already believed or felt. Platitudes are far more complained that the defence furnished him for use on his trial, effective for this than wisdom. No man who is presented with a and which had at first seemed so masterly, had grown, as he studied new thought or with a fresh view of an old subject will break and repeated it, to sound continually more weak and inconclusive. out into handelapping over it. To even bright minds a new idea And in truth the forensic effort which is best calculated to secure the is almost as dazing as a blow on the head. One, who has received desired object, a favourable judgment, is not at all likely to be it needs time to collect his thoughts. Whenever 'a speaker succeeds the one which will bear being put in writing and perused at leisure. in putting men to thinking he will be confronted by a silent and
While the tendency to study the listener and address one's argu- half hostile audience. If he carries conviction it will not be by any ment to his supposed state of mind--the leaning toward the argu- instantaneous process. To change his hearers' way of belief, they mentum ad hominem-is the basis of much of the efficiency of an must first have time to think it over. Shall we measure the effect advocate, it is also a source of his weakness. Its effect upon any of the majestic eloquence of Burke, but the man of generous sentiments and sympathetic imagination is to make him underestimate the force of the intelligence and the
“Who, too deep for his audience, went on refining, desire to do right existing in his hearers. Nothing is more fatal
And thought of convincing while they thought of dining," to an orator than the feeling that those whom he addresses are not by the fact that he was coughed down in the House? He was to be moved by worthy emotions or are incapable of understanding listened to with weariness, and Sheridan with delight; but which sound argument.
left the greater mark on the political convictions of their time! Consider again that the lawyer is not bound to make his speech In all this, however, we are straying into the domain of eloquence attractive under the penalty of empty benches which besets other generally rather than that of the forum.
The lawyer, consumed with the sole desire to carry some specific demurrer, of five or ten minutes' length, which seemed to be merely
he had been listening to one of the foremost of living American
except at the expense of infinite pains and study and anxiety about
detailed, declamatory, and passionate refutation of the things that
no one ever asserted, and insistence, backed by elaborate argument, in point. A countryman who had been serving upon the jury, and example, and illustration, upon propositions that no one dreams of had rendered verdict after verdict for the side he represented, was refuting. The uncritical hearer will be slow to believe that all asked what he thought of the lawyers engaged. “That lawyer
this storm of verbosity could have arisen unless some malignant Brougham,” he said, "is a wonderful man; he can talk, he can;
opponent had declared that two and two made fifteen. Some minds but I don't think anything of lawyer Scarlett.”
so constituted as to admire most an argument which is " Why,” said the other, “you have been giving him all the
absolutely unanswerable. But there are few questions which are
not debatable, and most arguments which have this appearance of
finality will be found to have begged the question.
All this does not in the least imply that oratory is a matter of What infinite pains, what delicate tact, what nice perception is art and training simply. The finest cultivation cannot serve to demanded of him who would convince the reason without appearing
make long tolerable the speech of one who has nothing to say; and to argue; who would touch the passions while appearing to invoke for the qualities which grace and adorn the weightier matters of the cold dictates of reason; who would melt others with the discourse, and give them the power to move the hearer, for the pathos of a situation without apparent consciousness of its pathetic
pathos and sentiment, the touch of the imagination, the wit and Signiicance; whose recital of wrongs can fire them with the indigna
humour, the perception of those delicate boundaries between the tion which he seems to deprecate-like the horseman described by
sublime and the ridiculous which only the saving grace of a sense Sheridan:
of humour can confer—these things must for the most part be “While his off heel, insidiously, aside,
numbered among the gifts of nature. Even as to the weightier, Provokes the caper which he seems to chide.”
matters of reasoning, it remains largely true that :
“ All the rhetorician's rules
Teach nothing but to name his tools."
Certainly the "scientific method,” which, since the days of Bacon,
lawyers, as there are men in every calling, who cannot reason and
In the days when the writer, then a growing lad, began to mere plausibility. But the stronger advocate a lawyer is, the more
“ The may
sincere conviction. This sounds like a paradox, and may make members of the other professions smile. Every other orator professes to speak his own sentiments and to utter them out of his conviction that, in the interest of the world, they ought to be heard. The advocate alone is a free lance, an avowed mercenary, a confessed hireling, whose tongue is, with some reservations for the sake of decency, for sale in the open market. How can he appear to speak with any honest indignation ? Must not his fire and feeling be as purely, artificial as that of the actor who mouths fictitious sentiments before a scene of painted canvas?
This is a mistaken view. Lawyers generally believe, often passionately, in the positions which they maintain in court. Those who doubt this fail to make sufficient allowance for the power of the human mind to persuade itself of the justice of its conclusions, if it does not too long and seriously examine into their soundness. When the subject on which one speaks is a new one each day, there is not only some degree of freshness involved in the very change, but the speaker cannot devote time enough to any problem to get out of love with his convictions and permit them to grow stale. Convictions are most fascinating when first captured, and are then held with the greatest intensity. It is a curious fact in the barrister's experience that he seldom finds himself trying a the second or third time quite as well as he did the first.
Deliberation makes us begin to doubt everything. The politician has, in early life, adopted, or perhaps inherited, a set of party principles; the theologian has come, in the same way, into possession of a creed. The reasoning by which their conclusions were supported looked at first beautiful and irrefutable. But the foundations of belief in any of our cherished intellectual possessions are found, when we come to examine into them too long and curiously, unexpectedly insubstantial. What looked like the everlasting granite of demonstration seems now mere vapoury conjecture. We are commonly cocksure only of those things to which we never gave any profound study.
But statesman, theologian, and nearly everybody but lawyers find their powers of advocacy harnessed each into the service of some special set of views which practically they must drag on for life. Once they have believed in them intensely, they probably still believe in them in a way. But sooner or later they must begin to suspect that nothing is certain in this world or about it-not even its objective existence; and then, of course, the advocacy of party or of creed or of cause must lack conviction and be compelled to simulate it. It is a melancholy thing to see how all of us who took things seriously and tried to hold and stand for convictions find ourselves, in later life, entangled in the claims of various causes and organisations to which we profess a loyalty which has grown lukewarm and full of misgivings. We go on shouting empty catch words and battling for meaningless flags- things which have lost their significance as symbols of vital belief. Let us venture to hope that they never lose all significance; when they have wholly done so the man is dead. But to the mature and thoughtful mind they come to stand for something so different from current conceptions that a sincere utterance of one's belief may seem, not support of his cause, but hostility to it.
Fortunate, then, is the lot of the advocate who lacks time to become disenchanted with his theme. Though he appears as the mere hired retainer, he generally believes sincerely in his points, if not in his cause. The laity do not understand this, and are prone to regard him as a mere actor, simulating passionate conviction, at the very time when he most believes what he says.
If the qualifications for making a great orator sound discouraging or prohibitive, the aspirant to the honours of the forum, at any rate, may comfort himself with the thought that very likely he is better off without such accomplishment. The great speech demands a great theme and a great occasion, and these come rarely. Most of the affairs of life, even those which require public discussion, are comparatively trivial or prosaic or sordid. The grand manner is appropriate only to occasions which will present themselves but few times in a man's life. One's style of speech, and he can usually have but one, will best be after the fashion demanded by nine hundred and ninety of the thousand occasions on which he may be called to employ it. The easy, unimpassioned colloquial flow is not so inappropriate to great themes as is the small pot soon hot” eloquence which Emerson deprecates, the hissing indignation and flaming wrath, so often applied to issues of no greater dignity than the title to a bull-calf or the boundary line bet ween contiguous farms.
A fatal facility of speech is one of the most dangerous qualifications with which the young advocate can be endowed. It discourages hard effort and tends to shallow prolixity. The number of great orators who have attained their triumphs over apparently insuperable obstacles of stammering elocution, stage fright, and ignominious early failure may furnish not only encouragement to the determined but derided youth, but warning to the self-confident and ready one. Stuttering Jack Curran is the world's standard example. The great thing after all is to have something to saysome resources of reason and feeling and imagination without which mere words become as exasperating to the hearer as the clatter of a loose shutter in the wind. And ready speech is not likely to be a native characteristic of the thoughtful mind. There is sense as well as wit in the observation of Dean Swift: “ The common fluency of speech in many men, and most women, is owing to a scarcity of matter and a scarcity of words; for whoever is a master of language and has a mind full of ideas will be apt in
speaking to hesitate upon the choice of both; whereas comnion speakers have only one set of ideas, and one set of words to clothe them in, and these are ready at the mouth; so people come faster out of a church when it is almost empty than when a crowd is at the door.'
Another word of warning may be suggested to the would be advocate. I have heard General Robert E. Lee credited with the saying that a commander of troops should be a man who naturally loves a fight. Otherwise his shrinking from the horror of it will certainly lead him to avoid action at times when his judgment ought to tell him to seek it. The proportion of lawyers who have found the trial of litigated cases, with their uncertainties and the sharp collisions of interest and feeling which they involve, distressingly painful is greater than is generally supposed. If you are of this temperament avoid the profession by all means. Some have overcome it by practice. Upon some it remains, and becomes a growing horror. If you don't love a fight, you will be very apt not to love the law. The shrinking from entering upon trial, the dread of its responsibilities, the apprehension for its results have been, with many practitioners, sufficient to render their calling positively distasteful and odious; and among the number of these might be counted many whose bearing in the court-room and whose
as advocates were such that none would suspect their inward reluctance at entering on its controversies.
But, after all, there is more or less of this in every calling. Society is organised upon the basis of warfare. Once it was military; now it has grown to be largely economic. It is our business in life to prey upon and to struggle with one another. Some philosophers would have us believe that it is only through this struggle for existence that we have risen to be what we are, and that without it we must retrograde. The first half of the proposition we may accept without necessarily agreeing with the second. Warfare has been, through much of the past, our natural state-even the natural state of all animate creation. fly is torn by the swallow; the sparrow is speared by the shrike; and the whole little wood where I sit is a world of plunder and prey." But at least we may trust that this is not to be for ever. The fact that all that is highest and best in us revolts against our conditions should help us to this hope. If the state of our social organisation is such that the best and noblest man we can produce, the gentleman, the scholar, and the Christian, finds himself by the possession of these high qualities unadapted to the practical uses of the world and needing some fibre of coarser grain in his structure to make him fit for them, then the social organisation needs to be made over and rendered a proper medium for the cultivated Christian gentleman to live in.
We find a great many admirable things in the lawyer. It is difficult to see how the world can get along without him at present. But the world has always felt that things will never be quite right till he has been got rid of. All the ideal commonwealths of the philosophers, so far as I remember, have dispensed with him. May ħe not himself be permitted to join in the expectation of a good time coming when his calling shall have become superfluous! Indeed, he will perhaps feel more keenly than anyone what a happy time that would be.
How may one know, at the outset, that he has in him the making of an advocate? He cannot know; and he can still less depend on the judgment of his friends than upon his own. It is the way of all art. There is no guarantee conveyed by one's inward conviction, however burning it may be. Are not the schools and the studios filled with painters determined against every discouragement that they will succeed, and doomed for ever to produce only atrocities which never reach the walls of the exhibitions, much less the collections of purchasers ? Are not the futile poets who beset the magazines with lines of undeniable scansion and rhythms of unimpeachable correctness but lacking only “the light that never was on sea or land,” the jest or terror of the sanctum?
It is one of the compensations of the lawyer's lot that in adopting his profession he has not staked his whole life on the conviction that he is a man of genius. He who chooses the paths of literature or of art confesses by the act that his choice is dictated by the inward conviction that there is something in him ; for failure here means lamentable disappointment. Neither dealers nor exhibitions nor collectors afford comfort for the fairly good artist. Neither gods nor men nor booksellers tolerate the “tolerable” peet. And though, just now, the intolerable novelist seems to mount to the hundredth edition, we may hope that the frenzy is the brief fashion of a stage of half education which we shall possibly outgrow-a phase of the printing business incident to the evolution of a vast public who have been taught to read and discouraged from thinking.
But there will always be a steady though limited demand for tolerably good lawyers and advocates, and their lot in life need not be an unhappy or disappointed one.
Though he have no touch of the genius without which no man ever becomes a great orator, there is scope for moderately high ambition in the rewards which await the good and forcible advocate. And a fair degree of attainment in this line is within the reach of any person of ordinary good sense who will diligently and modestly study and practise the art. It is not easy; but anyone of reasonable intelligence who will set himself to the task with determination can acquire the power to speak smoothly, clearly, and with some degree of effectiveness.
There is nothing which rewards the labour bestowed on it with more satisfactory results, for when done successfully it is the most fascinating thing in the doing that life's experie:xe can furnish
you. To watch the faces of one's hearers and catch in their countenances the response of the mind to the things you are saying ---to feel that you are master of your subject and are followed with close attention and appreciative sympathy by those to whom you are striving to convey that mastery, is one of the triumphs of the intellect. But, on the other hand, a sensitive speaker is equally sensitive to his failure and to his success, and must often endure the mortification of feeling that he is talking weakly and vaguely and is being followed with neither sympathy nor understanding. And here lies one of life's compensations, for, after all, the fools and dullards are the happiest of men. No one, probably, gets more satisfaction out of his own oratory than the stupid man who can prose on interminably without the faintest perception that he is boring his audience-nay, in the blessed and childlike consciousness that he is enlightening and delighting them. Study, then, diligently the art of oratory. Its rewards, in inward satisfaction, will be great if you succeed.
HEIRS-AT-LAW AND NEXT OF KIN.
ing under inquiries made in the matter of the trusts of an indenture,
said chambers. Joxes (Alexander), Kensington, who died Feb. 13, 1881. His issue, or
their legal personal representatives, claiming under inquiries made i in the matter of Cusack-Smith and Tapp's contract, and in the matter of the Vendor and Purchaser Act 1874, between Jennie Lady Cusack-Smith and Robert James Tapp, to come in, by Oct. 19, at chambers of Joyce and Eve, JJ., Room 267. Hearing Oct. 31, at 12, at said chambers.
'APPOINTMENTS UNDER THE JOINT STOCK
DATE GIVEN, UNLESS OTHERWISE STATED.
already done so, to send in, by Sept. 12, to L. Nicholas, 19, Castle-st,
G. W. Bull, 9, Foregate-st, Worcester.
Fabian, 27, Clement's-la, E.C.
to F. C. Smith, Central Offices, Buxton. Shipton and Ainsworth,
Buxton, sols. for liquidator.
send in, by Sept. 30, to F. Dearden, 20 and 22, Chancery-la, Bolton. HUDDERSFIELD SKATING RINK COMPANY LIMITED.-Creditors to send in, by
Sept. 29, to R. Crampton, 23, John William-st, Hudderaseld.
tion).--Order for continuation of voluntary winding-up, subject to
Ritchie, Manchester, sols, for pets.
at Royal Courts of Justice. F. J. Perks, 5 and 6. Clement's-inn,
W.C.. sol. for pets. Notices of appearance by Oct. 16.
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Wells. 66, Coleman-st, E.C.
23. King-st, Cheapside. Biddle, Thorne, Welsford, and Siągwick,
CRANSTOUN (Edith Audley), Wadebridge. Sept. 30; Diggles and Ogden,
Lynch, and Petre, 48, Albemarle-st, W.
Portugal, and Para, Brazil. Sept. 22; Paines and Co., 14, St.
Gex, 4, Raymond-bldgs, Gray's-iun, W.C.
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Scott, 13, Victoria-st, S.W.
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Steele, 21, College-hill, E.C.
1, Frederick's-pl, Old Jewry, E.C.
Eaton-Evans and Williams, Haverfordwest.
Broad-st House, E.C.
Ryde, and Co., 4, Clement's-inn, Strand.
and Co., or Wright and Atkinson, Keighley.
Sept. 30; J. J. Heffernan, at the office of A. E. Sydney, Moorfields.
chmbrs, 95 and 97. Finsbury-pave, E.C. HARGRAVES (Isabelia Jane), Rock Ferry. Sept. 23; Sale and Co., Man.
chester. HUTCHINGS (Alfred), Newcastle-upon-Tyne. Sept. 20; C. E. Layne, New.
castle-upon-Tyne. JOYCE (Esther), Caterham Valley. Sept. 15; Routh, Stacey, and Castle,
14, Southampton-st, Bloomsbury, W.C.
and Elder, Newcastle-upon-Tyne.
Sept. 30; King, Adams, and Co., 66. Cannon-st, E.C.
and Sweet, 2, Bedford-row, W.C.
House, Higham, Kent. Sol3., Bagset and Boucher, Rochester.
Winterbotham and Sons, Stroud.
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Oppenheimer, Parr's Bank-bldge, 1, Finsbury-sq, E.C.
Whittome, Market Deeping.
Hill, and Bowman, 4, College-hill, Cannon-st, E.C.
Crimsworth, Whalley Range, and H. L. F. Berry, 40, King-st, Man.
chester, or their sol., H. L. F. Berry, Manchester. TOWLER (William), Roundhay, Sept. 30; G. Whittington, Leedg. TOREY (Sarah), Market Deeping. Sept. 15; Sharpe, Wade, and Whit.
tome, Market Deeping.
Son, Bank.chmbrs, Blackfriars-rd.
Thome, Welsford, and Sidgwick, 22, Aldermanbury, E.C.
and Smith, Manchester.
offices of Field, Sons, and Harrison, Liverpool
1, John-st, Bedford-row, W.C.
CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOPS.
Higson, Son, and Harrison, sols., Manchester. Sept. 21; Registrar of
Manchester District of Chancery of Lancaster, at 11.
Oct. 18; Warrington, J., at 1.
CREDITORS UNDER 22 & 23 VICT. C. 35.
LAST DAY OR CLAIM AND TO Wrou PARTICULARS TO BE Sext.
Noon, Clarke, and Churchill, 31, Great St. Helen's, E.C.
st, W. Sept. 30; Church, Rendell, Bird, and Co., 9, Bedford-row,
Pley, Alcock, and Anderson, Liverpool.
21. St. Helen's-pl, E.C. (CYYAH (John), Prestatyn. Aug. 31; A. Foulkea. Roberts, Denbigh. COOPCR (Maria), Blackpool Aug. 31; T. Wylie Kay, Blackpool.
CORRESPONDENCE. This department being open to free discussion on all Professional topics, the
Editor does not hold bimself responsible for any opinions or statements contained in it. INTESTATES' ESTATE BRINGING INDEBTEDNESS INTO ACCOUNTSHARES OF WIDOW AND CHILDREN.-A. B. died intestate, leaving a widow and pine children. His estate has now been realised, and the net balance of realisation is £3504 83. 9d., in addition to which so much of the indebtedness of eaob of two of A, B.'s children-viz., C. D. and E. F.—to A. B.'s estate as equals the smount of the share of each has to be brought into account as an asset, so that the widow may take her one-third thereof, and the remaining eeven children two-thirde equally. If there had been do_widow, it would bave been sufficient to omit the sbares of C. D. and E. F., dividing the balance into seven
ares jostead of into nine shares. The total amount of indebtedness of C. D. and E. F. respectively cannot be inserted, as only so much in each case can be recovered as can be intercepted by the administratrix. The difficulty is to ascertain what the two ninth shares of two-thirds of a balance not ascertained till the account is finally completed will amount to. The following very easy method of calculation may be of use to anyone who has to prepare a similar account: Let 3 represent the unknown balance. The knowo balance, plus two dioths of two-thirds of the unknowo balance, equals the unknown balance, Therefore x (3 of 3 of x) = £3504 88. 9d.
£3504 8g. 9d. Then, getting rid of the denominator by multiplying each side of the equation by 27,
27 x - 4 x = £3504 88, 9d. x 27. Therefore 23 x - £94,619 163. 31.
So x =
£4113 188. ld. One ninth of two-thirds of £4113 18s. ld. £304 148 8d., apd, if the latter amount is inserted twice as an asset, it will increase the balance from £3504 83. 9d. to £4113 188. ld., payable as follows : One-third to the widow, and the remaining two thirds to the children equally, excluding C. D. and E. F.
MANCHESTER. THIS society held its annual meeting on the 25th ult., Mr. George H. Charlesworth, the president, occupying the chair. The report referred to the system under which a judge of the High Court is assigned to take the civil business set down for each sitting of the High Court at Manchester and Liverpool. The system has been in full force during the year under review, and the results have been very satisfactory. With regard to the number of special jurors who. could be summoned to attend at any apsizes the oommittee, it was stated, had made representations to the Lord Chancellor and a Bill bad been passed uoder which an uolimited number of special jurors can now be summoned. The following were elected officers for the ensuing year : President, Mr. W. H. Foyster; vice-president, Mr. A. Tarbolton ; honorary treasurer, Mr. J. F. Milne; honorary gecretary, Mr. C. J. E. Crosse ; honorary auditors, Mr. G. P. Rhodes and Mr. R. G. Edgar. The president, in his address, expressed satisfaction that the number of members of the society was now 381. Continuing, be said that the past year had been memorable for the publication of the report of the Royal Commission on the Land Transfer Acte. The report in the main justified the objections of their profession to the existing system, but there was no doubt that serious attempte would be made to extend the principle of compulsory registration of title. The Lord Chancellor did not appear to have understood the attitude of the Legal Profession towards the existing Land Transfer Acts. It had been abundantly shown that the system under the existing Acts was not only more costly than the present general practice, but aleo that it afforded no greater security to the landowner. The Lord Chancellor claimed that under the present system of registration of title tbe registered owner had the security of the Stato, but this claim was not well founded in the case of registration with possecsory title, and the great majority of registered titles were possessory only. The great expense attendant on registration with absolute title had been found to be probibitive. If the Lord Chancellor was correct in bis statement that the cost of the present system of conveyancing was a clog on landed property," then it was imposeible to justify the increase of 100 per cent. of the stamp duties on the transfer of land and leases. The president remarked that he was glad to observe many indications of the desire of those in high places not only to expedite administration of justice and increase the facilities for the disposal of litigation, but also to reduce the cost of actions. Speedy and certain justice at a reasonable cost was what the business man desired. By reason of delay and expense of ordinary litigation he was driven to rofor his disputes to arbitration tribunals which offered him a rough and ready method of decidiog the points at issue. The proposals contained in the County Courts Bill, now under the consideration of the House of Lords, were an attempt to deal with the demand for e peedier and cheaper justice. The congestion of business in the Manchester and Sulford County Courts bad been the subject of apxious coneideration by the society, and it appreciated the help given to it in the efforts to secure for i he Manchester and Salford County Courts the exclusive services of two judges. The Salford Hundred Court had also been the subjeot of in quiry and report. There was no doubt that the increased jurisdiction proposed to be given to County Courts would bave the effect of decentralising tbe administration of justice, and the County Courts would become rivals of the assize courts, and it should, therefore, be to advocaoy to which solicitors sbould turn their atteot.on. With regard to seot. 51 of the National (osurance Bill, dealing with distress for rent and ejectment, he was of opinion that tbis section should be altogether eliminated from the Bill.
The Right Hon Sir SAMUEL WALKER, Lord Chancellor of Ireland, died on Sunday last in Dublin. For some time past he had been in failing bealtb, but it was boped tbat he would be able to resume bis duties at the Foor Courts at the end of the Long Vacation. Sir Samuel Walker was born in 1832, and was educated at Portarlington Sobool, from which he passed to Trinity College, Dublin. He was called to the Bar at the Easter Sittings in 1855, and his career was one of uninterrupted progress. In 1872 he took silk," and in 1881 was made a Bencher of King's-inns. In 1883 he was appointed Solicitor-General for Ireland, and two years later, in 1885, he was advanced to the office of Attorney-General for Iceland. In 1892 he was appcioted Lord Chanoellor of Ireland and three years later he was appointed a Lord Justice of Appeal, an office which he continued to fill until 1905, becoming Lord Cb ancellor for the second time in the latter year. He was created a baronet in 1906.
Mr. HENRY ARTHUR HUDSON, bead of the firm of Messre. H. A. Hudson and Son, solicitors, York, died on the 14tb inst. at Scar. borough. Mr. Hudson was a member of an old and highly respeoted York ia mily, and was a prominent ecolesiastical official in the province of York. For many years he had been registrar of the province and diocese, and registrar of York Convocation, serving under four arch. bishops, and last year be succeeded the late Mr. T. $. Noble as joint legal secretary, with his son and partner, Mr. Arthur Vaughan Hudson, to the archbishop. For many years he had also held the position of registrar of the York District Court of Probate. Mr. Hudson became prostor and notary in 1864, and was admitted a eolicitor in 1876.
Mr. JAMES SParks died at Bradford.on Avon, Wilts, on the 8th inst, aged sixty-sevon. He was admitted in 1867, and all bis life practised at Bradford-on-Avon, first in partnersbip with the late Mr. William Stone and, on the death of the latter, by himself.
In Sept. 1872 Mr. Sparks was appointed clerk to the justices of the Bradford division, an appointment which he held at the date of bis death. He was also the c!erk to the Bradford-on-Avon Burial Board.
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 cditorial replies undertaken. None are inserted unless the name and address of the writer are sent, not
necessarily for publication, but as a guarantee of bona fides.
Queries. 21. TENANCY-NOTICE TO QUIT.-A. lete a house to B. 88 from the 25th March 1908 OD & written tenancy agreement which reserves "the yearly rent” of £22 payable quarterly, “the tenancy to be determinable by either party giving to the other six calendar months' notice to quit in writing.' Can B. terminate the tenancy by giving six months notice expiring on any quarter day, or must the notice expire on the 25th March of the current year of the tenancy? Authorities would oblige.
THE COURTS AND COURT PAPERS.
Where to Find Your Law.–Being a Discursive Bibliographical Essay upon the various Divisions and Sub-Divisions of the Law of England, and the Statutes, Reports of Cases, and Text Books con. taining such Law, with Appendixes for Facilitating Reference to all Statutes and Reports of Cases, and with a Full Index. By ERNEST ARTHUR JELF, M.A., of New College, Oxford, Barrister-at-Law of the Honourable Society of the Inner Temple, and of the SouthEastern Circuit. Third Edition, greatly Enlarged, price 10s. 6d., post free.- HORACE Cox, “Law Times” Office, Windsor House, Bream's-buildings, E.C.-[Advi.)
FOREIGN TRIBUNALS EVIDENCE ACT 1856. The following appears in the London Gazette of Friday, the litb ipst. :
Whereas by the Foreign Tribunals Evidence Act 1856 it is (amongst other things) enacted that any Supreme Court in any of His Majeety's colonies or possessions abroad, and any judge of any such court, and every judge in any such colony or possession who, by any Order of His Majesty in Council may be appointed for this purpose, sball reepectively be courts and judges having authority under the said Act;