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Ball, William Edmund, LL.D., 541

Barr, Frederick Horatio, 351
Bazley, Gardner Sebastian, 208

Becke, C. C., 351

Bremner, Carlton Howard, 427

Broughton, Robert John Porcher, 185
Bunting, Sir Percy William, 307
Burne, Henry Holland, 427
Carlyon, Edmund, 333

Cautherley, Charles, 232

Cokayne, George Edward, 351

Cooke, Charles Wallwyn Redcliffe, 116
Craies, William Feilden, 588

Crispe, Thomas Edward, K.C., 283
Daly, Hon. Thomas Mayne, K.C., 208
Daniell, John Rule, 427

Dicey, Edward, C.B., 257
Draper, E. Herbert, 71
Dundas, Ralph, 541

Good, Henry, 333

Gowling, John, 409

Grey, Arthur, J.P., D.L., 283
Hawkins, John William, 518
Hill, John, 443

Howlett, James Warnes, 393
Hudson, Henry Arthur, 374
James of Hereford, Lord, 393
Jeyes, Samuel Henry, 208

Ludlow, John Malcolm Forbes, C.B., 566
Lunn, Robert, 71

McIlroy, Robert, K.C., 427

Mackay, Æneas, J. G., K.C., LL.D., 157
Makower, Stanley Victor, 461

Martini, Maître Charles, 208

Mellor, J. W., K.C., 566

Moore-Bayley, John, 427

Mothersole, Hartley. B.N.. 409
Neligan, Sir John Chate, K.C., 232

New, Leonard, 566

Organ, Thomas Arthur, 232

Paterson, Duncan Wilkie, S.S.C., 333
Peckover, Stephen, 541

Pelletiere, Sir Charles Alphonse Pantaleon, 25

Pickersgill, E. H., 566

Plunkett, Hyacinth, K.C., 116

Powles, Louis Diston, 47
Robertson, Edmund, 443

Russell, Charles Barrett, 541

Samuell, Charles Simpson, 185

Simey, Ralph, 208

Skene, William Baillie, 157

Sparks, James, 374

Stockton, Oliver James, 351

Swan, Harold Cook, 157

Walker, Right Hon. Sir Samuel, 374
Wallace, James, 566

Warren, Reginald Augustus, 495
Williams, Arthur John, 443

Willis, His Honour Judge, 393
Winter, James Spearman, 541

Action for statements imputing drunkenness
to a candidate for Parliament, 151
Adjournments of the House of Commons, 401
Adjournments of Parliament, 582

Amendment of money Bills by the Lords, 221
Attacks upon the general body of judges, 127
Board of Trade, 85

Cabinet, the, and the House of Lords, 196
Censure motions, 345, 346

Citing the opinion of law officers, 17
Corporations of London and Dublin's privilege
of presenting petitions to the House of
Commons at the Bar of the House, 59
County members and members for cities and
towns, 362

Death of a member of the House of Commons
during a recess, 402

Demonstrations by members of the House of
Commons at the Bar of the House of Lords,
Election resulting in a
" 17
Employment of Indian Army beyond frontiers
of India, 554


Employment of members of the Judicial Bench
in the trial of election petitions, 17
Enforcement of attendance of members of the
House of Commons, 362

English and Irish criminal law systems, 246
Ex-Lord Chancellors who have become leaders
of irreconcilable oppositions, 295
Financial statements of the Chancellor of the
Exchequer to the Committee of Ways and
Means, 59

Former creation of peers to secure a majority,

Freedom of speech in Parliament, 322
House of Commons privileges, 221


Impartiality of the Speaker, 345
Impeachment, 323

Interference by members of the Bar in any
discussion relating to matters in which they
have been professionally engaged, 127
Issue by Speaker of warrant for writ to be
made out for return of a member during
a recess, 554

Issue of writs for election of members where
the members elected have been unseated on
petition, 274

Judge Willis, the late, in the House of
Commons, 421

Judicial appointments by Lords Chancellors, 36
King's exercise of his prerogative, 295
"Leader of the House of Commons," 36
Lord Privy Seal, 582

Loreborn, Lord, advancement of, to
earldom, 196


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Magistrates, appointment of, by the Lord Right of peers to sit and vote, 221

Chancellor, 196

Management of business in the House of
Commons, 274

Number of Chambers and members and dura.
tion of Parliaments of self-governing
dominions of the British Empire, 150

Members of the House of Commons, proposal
to pay out of public funds, 85
Old Age Pensions Bill (Mr Hayes Fisher's),


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Rights to particular seats in both Houses of
Parliament, 111

Second readings of Bills, 274

Stewardship of the Chiltern Hundreds, &c.,


Union of judicial and legislative functions, 84
Veto of the Crown, 111, 196, 273
Violent conduct in the House of Commons, 322,

Supremacy of the House of Commons, 53

Vows by members of the House of Lords never
to enter the House after it has been deprived
of its present powers, 295

Writ of summons to the House of Lords, 323

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Chamier, Edward Maynard des Champs, 24
Chapman, John Barnett, 24
Clarke, Charles Pitcher, 249

Cluer, Albert Rowland, 282

Cohen, Arthur Seville, 305
Cohen, Philip, 155

Colclough, T. A., 135

Coles, J. P. Campion, 249

Collins, Hon. Stephen Ogle Henn, 224

Cox, Hugh Bertram, C.B., 43

Cracroft, Robert Weston, 282

Crowte, Frederick, 555

David, Cyrus P., 90, 305

Donnison and Son, 249

Dorion, Charles E., K.C., 115

Duffield. Arthur Stewart, M.A., 135
Dyson, C. V., 183

Ebden, Leonard Powney, 282

Edge, Right Hon. Sir John, K.C.. 224
Edyvean, Montague Flamank, 282

Elgood, Edgar J., 584

Eves, Arthur Edward, 224

Fisher, A. A., 90

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Judd, Joseph C., K.C., 282

Langelier, Sir Francis Xavier, 24
Lascelles, Alfred George, 24

Lawrie, Allan James, 536

Lemieux, Hon. F. Xavier, 115
Linton, Frederick, 135

Llewellyn-Jones, F., B.A., LL.B., 350

Lodder, George Frederick, 555
Lord, Theodore, 249

Lorimer, J. Campbell, K.C., 469

Mackenzie, W. Lyon, 469

Martin, George Maynard, 249

Martin, John Stuart, 332

Matthews, Herbert Ambrose, 183

Neish, Edward B., 469

O'Connor, Charles Andrew, K.('., 469

O'Halloran, J. W., 249

Ottley, John Bickersteth, 224

Parker, James Kenyon, 305

Pickersgill, Edward Hare, M.P.. 282

Pollard, Emmanuel Elliott Scipio, 305

Pollock, Ernest Murray, K.C., M.P., 584

Purcell, Gilbert Kenelm Treffry, 363
Ramsden, Harold H., 536

Rhodes, C. T., 332

Richards, Mr Justice Henry George, 24
Risley, John Shuckburgh, 43

Roberts, His Honour Judge Bryn, 249
Safford, Frank, 305

Sandford, Herbert E., 135

Savill, E. W. J., 115

Shepherd, T. D., 43

Sidney, Thomas Stafford, 332

Granger, His Honour Judge Thomas Colpitts, Smyly, Sir Philip Crampton, 350

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Steel, Graham Strang, 509

Stephens, John, 24

Stockton, Arthur, 408

Tebbs, Henry Nelson, 62

Thomson, Bernard, 509

Tobin, Alfred Aspinall, K.C., M.P., SO
Tomlinson, Thomas Symonds, 43

Tudor, Daniel Thomas, K.C., 363
Welsh, John A., 469
White, John, 509

Williams, Seymour, 249
Wood, Vernon S., 249
Woollett. Charles, 115

Worsfold, Dr. T. Cato, M.A., 24

Wortley, Stamp William, LL.B., 43

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Solicitor to the Inland Revenue,



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To Readers and Correspondents.

All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected.

All come unications intended for the Editorial Department should, in order to prevent delay, be addressed to the "EDITOR OF THE LAW TIMES." Any contributions that may be sent on approval will be carefully considered by the Editor: but no responsibility whatever can be accepted in respect thereof, although, if unsuitable, every effort will be made to return them, provided that a stamped addressed wrapper is inclosed for that purpose. Vol. CXXXI.-No. 3553,

Third Sheet.


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BALL. WILLIAM HUNT AND SONS LIMITED.- Employer and workman -Injury by accident-Compensation Disfigurement as distinct from "incapacity for work" HIGH COURT OF JUSTICE. CHANCERY DIVISION. Re ROBINS N: MCLAREN PUBLIC TRUSTEE-Limitation of actionsPayment by trustee to wrong person -Mistake of fact.. ANDREWS v. ABERTILLERY URBAN DISTRICT COUNCIL-Local government - Electric lighting-Statutory undertakers- Urban district council 335 Re ODDY.-Trust-Public Trustee Right of appeal from-Need not be served with notice of appelPublic Trustee Act 1906, s. 10. 13... 338 GARWOOD v. GARWOOD.-Partnership -Covenant-Charge on partner's sbare- Gains and profits"-Construction-Dissolution by death...... 341

KING'S BENCH DIVISION TURNER . MIDLAND RAILWAY COMPANY.-Limitation of action-Compensation under Lands Clauses Act-Property injuriously affected 347 RAILWAY AND CANAL COMMISSION COURT.





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Week-Masters and Servants.........
IRISH NOTES......................................................................
COMMENTS ON CASES..............................................................
THE CONVEYANCER....................................................................
OCCASIONAL NOTES......................................................
YET REPORTED.......................................................... 7
Figures in the Legal History of
England: Sir Samuel Romilly


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The Law and the Lawyers.

ON Monday last Mr. ASQUITH dealt collectively, in his statement to the House of Commons, with the various questions that had been addressed to him with reference to the appoint. ment of justices, and he made it abundantly clear that he does not intend in any way to interfere with Lord LOREBURN in his discharge of this important and difficult duty. Before the present Lord Chancellor succeeded to that office there is no doubt that considerable dissatisfaction existed, and not without cause, with regard to with regard to the appointment of justices of the peace. Particular political considerations weighed far too heavily, and the present Lord Chancellor set to work to discover some method whereby these appointments might be made irrespective of political or religious opinions and the best men locally might be secured. For this purpose the Royal Commission, which issued its report. in July last, was appointed, and their recommendation tha

local advisory committees should be formed in order to assist the Lord Chancellor in his selection has been adopted, and during the last nine months twenty-two of these committees have been appointed in England, five in Wales, and nine in Scotland, and Mr. ASQUITH states that by August next it is expected that committees will be established in all the Counties.

As these committees will be free to communicate with the Lord Chancellor direct if their recommendations are not accepted by the Lords-Lieutenant, and as every effort is to be made to see that they are of a representative character, their names being available for local publication, it is difficult to see what scheme could have been better devised for obtaining recruits for the local Benches. Lord LOREBURN is to be congratulated upon having sternly resisted all political pressure to equalise the politics of the magisterial Bench, and we, in common with the rest of the Profession, are fully satisfied that in making these inferior judicial appointments, as in the case of his appointments to the High Court and County Court Benches, he has striven to obtain the best men possible for the posts. This ideal has not always been adhered to in the past, but it is merely stating an obvious fact that, if the high standard of our judiciary, whether in the High Court, County Court, or petty sessions, is to be maintained, the appointments must be made entirely free from any political or denominational considerations, and that the sole qualification for judicial office must be the fitness of the candidate himself. If high character and competency are considered as the only reasons for preferment, the composition of our judiciary will be beyond criticism,

STUDENTS of Lord CROMER's work on Egypt will remember his comments on some of the very peculiar difficulties which arise out of the system of the mixed tribunals, and it will be found that some of the problems relating to the status of English companies in Egypt-a subject much discussed at the present time-are closely intertwined with these same difficulties. Conflicts of jurisdiction such as have arisen before in relation to criminal cases have been to a large extent met by legislation, and the instances of friction between mixed tribunals and consulates, native courts, Mehkemehs, and Patriarchates brought to light have not been without effect. It is now suggested that legislation should settle conflicts of jurisdiction in civil and commercial cases also, and that some commission should decide which court is to be deemed competent to determine a disputed matter. It is admitted, however, that the auguries for any such legislation at the present time are far from favourable. difficulties arising out of company law are unusually great, and to some extent are caused by the different views entertained by British and continental jurists as to the status of a company. We look mainly to incorporation as determining nationality, but for this purpose a strong body of foreign legal opinion inclines to weighing a number of circumstances, and in Egypt we find a tertium quid in arts. 46 and 47 of the Code of Commerce. Under this, joint stock companies formed in Egypt are Egyptian and, if there formed, they must be formed in consonance with Egyptian law, and a mere formality of foreign incorporation will not affect their Egyptian nationality. The question what is a "foreign company" is therefore a thorny one, and upon it conflict arises between the mixed tribunals and the British Consular Court.


THE two sides argue briefly on these lines: The British Consular Court holds that companies are like persons and have a personal status, to be affected only by their own courts, and, where British companies are concerned, English incorporation confers English nationality, and, further, that

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by the capitulations a company validly formed in a country enjoying the benefits of Turkish capitulations cannot be declared null and void in Egypt. The mixed tribunals take the view that British incorporation is not conclusive in Egypt when British companies' interests collide with those of foreigners or Egyptians, and that in such cases the mixed law is applicable. It is easy to see the importance and the difficulty of the whole matter. The answer to the question what is a foreign company must turn on a consideration of principles, and at once a difference of opinion arises as to the basic criterion. Some would look to the place where the articles were drawn up; others to the nationality of the founders, the place where the shares were issued, or the seat of its working, or its sphere of activity, and further circumstances weigh with other schools of thought. With the development of joint stock enterprise in Egypt these doubts and difficulties will become more and more exigent, and some solution, even if only by way of a modus vivendi, is earnestly to be desired at an early date.

THAT a sentence of two months' imprisonment should be passed for nonpayment of rates will doubtless come as a shock to the community at large, but committal to prison for this period was imposed by the Nailsworth Petty Sessions on the Rev. S. J. FORD for refusing to pay an education rate of 18. 9d., although he offered to pay £1 14s. 3d., being the amount of the poor rate included in the same demand. We are quite aware that this committal would be in respect of the whole rate demanded, but, at the same time, although no doubt the defendant had on previous occasions refused to pay the education rate, we say without fear of contradiction that the sentence passed was clearly excessive. Imprisonment for nonpayment of rates is in the nature of civil process, and, as the HOME SECRETARY pointed out, he was advised that he had no power to annul the sentence-which he described as "stupid and vindictive "-as the perogative of the Crown does not cover cases of civil debt. We understand that Mr. FORD has been released owing to the money having been paid, but this case affords a good concrete example as to the law relating to imprisonment for debt. It will strike the layman as curious that justices should have power to pass a sentence of this description, whereas the term of imprisonment which can be inflicted by judges exercising jurisdiction under sect. 5 of the Debtors Act 1869 is limited to forty-two days.


SOME of the most elementary questions of law which occur almost every day, and on which a lawyer may at any unguarded moment be asked his opinion, are the most difficult to answer. Among these we must place questions between masters and servants. Custom or actual judicial decisions have, however, determined some of them.

For instance, "by a long and well-established custom, it is settled that, in the absence of any agreement to the contrary, the hiring of domestic and menial servants is for a year and subject to determination on a month's-i e, a calendar month's -notice by either master or servant, or on payment of a month's wages by the employer": (MacDonell's Law of Master and Servant, 2nd edit., p. 138). It has been urged that a further custom should now be recognised—namely, that the contract of service can be determined on either side at the end of the first calendar month by notice given at or before the expiration of the first fortnight. The first month, according to this point of view, is a trial month in which the parties can find out if they suit each other.

In Mouli v. Halliday (77 L. T. Rep. 794; (1898) 1 Q. B. 125) the question as to the existence of this custom came before a Divisional Court, on appeal from a County Court judge who had held that no such custom as alleged existed and that the custom was unreasonable. Mr. Justice Hawkins thought that the alleged custom was reasonable, but as the County Court judge had held that there was no such custom, and he was the sole judge on questions of fact, the court could not interfere with his decision.

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