« EelmineJätka »
body of judges waiting the call to duty. These judges receive payment only while actually sitting in court. This system has been found to work admirably in practice. Some abuses, such as the employment of judges when not themselves sitting as counsel, have been corrected, and the Permanent Court is now an established institution, winning for itself the confidence and submission of the nations. It has already decided many cases of far-reaching importance, and from these decisions there has been no appeal.
Right of Revision.
Article LV. of The Hague Convention acknowledged the right of the Powers in litigation to reserve in the compromise the right to demand a revision of the arbitral verdict. This demand may only be made on the ground of the discovery of some new fact which would be of a nature to exercise a decisive influence on the verdict. The same arbitral tribunal that has adjudicated the case is also required to rule on the merits of the demand for revision. The original compromise should determine the period within which the demand for a revision is admissible.
The court in the Pious Fund case strongly recommended that this privilege of revision be used as little as possible. In fact, so far as the present writer knows, it has not been used at all.
Differences in language create a natural difficulty in the constitution of an international court. If the court were to endeavour to keep its records in all languages, endless labour would be necessary and endless confusion follow. At the first Peace Conference at The Hague, French was made the official language of that body, and French is the official written language of the Permanent Court. Oral pleadings may be made in any language which the parties in litigation may agree to use. As a matter of fact, oral pleadings have been made for the most part in English, and English may be said to be the official spoken language of the court. It is incumbent upon every lawyer who is called to practise before this tribunal to have a working knowledge of both French and English.
The Bureau of Record.
The Permanent Court of Arbitration maintains at The Hague a bureau of record. To this bureau the signatory Powers agree to send, and do send for custody and reference, all treaties, international agreements, and documents bearing upon international affairs. When a case is to come before the court, the parties in litigation send to this bureau the preliminary examination of the question to be adjudicated. A full statement of all the facts bearing on the matter at bar, and all documents relating thereto, must be filed in this bureau, and this bureau may be intrusted with the duty of serving these papers upon the opposite party. It thus becomes not only a bureau of record, but also an agent of the contending parties in all that pertains to the serving of papers and the like. The immense value of the bureau of record needs no comment. The future historian will not have to travel from capital to capital of the nations to study the documents necessary to the understanding of international relations. All the documents bearing upon this subject will henceforth be found in the bureau of the Permanent Court at The Hague. Nor will it be necessary for parties engaged in international litigation to seek each other at the ends of the earth in order to serve necessary papers. Service at the bureau of the Permanent Court at The Hague is all-sufficient.
Power of Citation and Enforcement.
The Permanent Court at The Hague is not, and under the circumstances cannot be, other than an arbitral tribunal. It has no power to compel the defendant in an international litigation to plead before it, nor can it compel either of the contending parties to accept its decrees. There is as yet no police power behind the court to enforce its commands. The parties in litigation which plead at its bar are there by mutual consent, and, when decision is rendered, it is the same mutual consent that makes the decision binding. It may be said that a court so situated is just no court at all. It goes through the motions of judicial life without being alive. It is of the very essence of the court that it can enforce its decrees. But while it is true that this court has at present no physical power to sustain its judgment, it is possessed of an immense moral power. It has behind it the moral force of the world. It is an established organ of world opinion. Any nations who have consented to The Hague Convention establishing the court who shall henceforth refuse to submit their quarrels to its adjudication will be visited with the condemnation of the world, and any nation which, having submitted its case to the court, shall refuse to abide by its decision, will be outlawed by the rest of the nations. This world condemnation and national outlawry will be found to be more effective than the constable's mace or the policeman's club. They will be as powerful to secure obedience to the behests of this august tribunal as were excommunication and the interdict, in the Middle Ages, to secure obedience to the spiritual power of the Church.
The Court in Action.
The life of the court in action may be viewed to advantage by glancing at one or two of the more important cases that have come before it. The first case to be decided by this tribunal was what is known as the Pious Fund case, which was a matter in dispute between the United States and Mexico. Space forbids our discussing this case at large. It is important only as being the case in which the Permanent Court found itself, was able to correct infelicities in its mode of procedure, and prove itself able to accomplish the task given it to do.
The Venezuela case gave the court its first opportunity to show what it could do in the way of settling grave international disputes that were bringing the nations to the verge of war. Venezuela, though one of the lesser Powers, had long been a disturbing factor in world politics. It had gone recklessly into debt, and had refused to meet its obligations. Corrupt and usurping Governments had pillaged the natives and cheated the foreigner. But, on the other hand, speculative foreigners had taken advantage of a weak and corrupt Government, and, in collusion with the politicians, had defrauded the people of Venezuela and loaded them with an unjust debt.
Soon after the first conference at The Hague, England, Germany, and Italy were making ready to enforce the claims of their subjects by means of their military power. Had they done this, intervention on the part of the United States would have been inevitable, and a general and disastrous war would have followed. Venezuela, though not one of the signatory Powers, appealed to The Hague Court. The aggressive parties at first refused the offices of that court, and asked Theodore Roosevelt, then President of the United States, to act as judge in the matter. This Mr. Roosevelt, to his credit, refused to do, and referred all the parties to The Hague, with a gentle hint that if they did not go there Uncle Sam would want to know the reason why. They went. And the first great case came up for trial before the world court. The United States appeared as a defendant in the case. In Mr. Penfield's argument the cause is cited as Great Britain, Germany, and Italy versus the United States and others." The very title of the case makes an epocn in the history of the world. Here are great nations suing and being sued before an impartial international tribunal. The documents in the case have all the interest of great romance. Documents are filed, pleadings are made, a decision is rendered and accepted by all parties; it is a wondrous event.
Five nations on the verge of war have settled their quarrel, not by military or diplomatic, but by judicial, method. A new era has dawned.
APPOINTMENTS UNDER THE JOINT STOCK
NOTICES OF APPEARANCE AT HEARING MUST REACH THE SOLICITORS BY 6 P.M. ON TH
J. D. HILL GILLIES AND CO. LIMITED.-Creditors to send in, by Sept. 29, to
J. FRANCIS AND CO. LIMITED.-Creditors to send in, by Sept. 21, to A.
MINES AND BANKING CORPORATION LIMITED.-Order for continuation of voluntary winding-up, subject to supervision of the court, made by Horridge, J., dated Aug. 23. Emmet and Co., 14, Bloomsbury sq, sols. for pet.
RIVIERA PICTURE PALACE COMPANY LIMITED.-Creditors to send in, by
STOCKBRIDGE FISHERY ASSOCIATION LIMITED.-Creditors to send in, by
CREDITORS UNDER ESTATES IN CHANCERY.
RYAN (William), Shadwell. Oct. 13; H. F. Pattinson, of Pattinson and
CREDITORS UNDER 22 & 23 VICT. c. 35.
LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. ATKINSON (James), Newcastle-upon-Tyne. Sept. 30, Wilkinson and Marshall, Newcastle-upon-Tyne.
ARDEN (John Siward), Hamstall Ridware. Sept. 30; H. Goodger and Son, Burton-on-Trent.
BARTLEET (Frank, otherwise Frank Gibbs), Hastings. Sept. 30; Hillman, Burt, and Warren, Eastbourne.
BUTTERWORTH (Martha), Eccles. Oct. 10; Roberts and Dootson, Manchester.
BARWICK (Emily Louisa), Clacton-on-Sea. Oct. 1; Vandercom and Co., 23, Bush-la, E.C.
BLACKLER (John), Kingsbridge. Sept. 11; J. N. Hurrell, Kingsbridge. BROWN (Henry Daniel), Cheltenham. Oct. 10; S. W. Billings, Cheltenham.
BARBER (Eliza Jane), St. Ives. Sept. 22; R. Welch and G. Barber, at
BEASLEY (Henry), Aston Manor. Oct. 12; East and Smith, Birmingham.
CAMPBELL (Catherine Helen), Southport. Sept. 29; May and Son, Macclesfield COCKERTON (John Sawman), Pimlico, and Sloane-sq. Oct. 13; Maitlands, Peckham, and Co., 17, Knightrider-st, Doctors' Commons, EC. COOPER (Frederick), Macclesfield. Oct. 31; A. Oldfield, Macclesfield. COBB (Clara Anne), Craven Hill-grdns. Oct. 16, Janson, Cobb, Pearson, and Co., 22, College-hill, E.C.
CASTLES (Thomas), Whickham. Sept. 30; Arnott, Swan, and Walker, Newcastle-upon-Tyne.
DEVENISH (James), Rayleigh. Oct. 14; Wood, Son, and Langton, Southend-on-Sea.
DEAR (John), Baldock. Oct. 15; Reynolds and Miles, 70, Basinghall-st. EVERETT (Mary), Coleshill, Oct. 14; Cottrell and Son, Birmingham. FRANSHAM (Mary), Lamas. Oct. 1; H. Goodchild, Norwich.
GAGE (Charles), Great Coggeshall. Oct. 14; Beaumont and Son, Coggeshall.
GAMBLEY (Robert), South Tottenham. Oct. 1; H. Morris, Queen Anne'schmbrs, Broadway, Westminster.
GRIFFITHS (George), Liverpool. Oct. 14; Labron Johnson and Son, Liverpool.
GRATRIX (John), Bolton. Oct. 6; Fielding and Fernihough, Bolton. GREAVES (Edward). Heaton Chapel. At once; W. H. Hewitt and Son,
GRACIE (William), Fairfield. Oct. 6; W. Boyle, Liverpool.
HARRISON (George Alfred), Berwick-upon-Tweed and Duns.
Oct. 4; HOLLIS (Elizabeth Grace), Cowes. Oct. 10; W. J. Bailey, jun., Newport, I.W.
HEFFORD (Helen), Croydon. Oct. 7; London and South-Western Bank Limited, 170, Fenchurch-st, E.C. J. Warburton, sol.
HEATON (Rev. Arthur Frederick), Waddesdon. Oct. 2; Braby and
HORRICKS (John), Timperley Oct. 1; G. C. Adams, Manchester.
HEELAS (Rev. William Denton), Benwell. Oct. 3; Davies, Balkwill, and
HARDWICK (Thomas Frank), Saffron Walden.
Adams, Saffron Walden.
Sept. 20; Collin and
HANSON (John Russell), Saltburn-by-the-Sea and Middlesbrough. Oct. 18;
HEATH (Alice Jane), Hove. Oct. 9; Le Brasseur and Co., Newport, Mon.
LEES (Mary), Southport. Sept.
30; Taylor, Kirkman, and Co., Man
NEWMAN (John), Loughborough. Oct. 9; Moss and Taylor, Loughborough.
NICHOLSON (James), Workington. Oct. 14; D. J. Mason, Workington.
PINDER (Albert), Halifax. Oct. 2: Jubb, Booth, and Helliwell, Halifax.
QUICKFALL (John Collinson), Headingley. Oct. 9; J. W. Harland, Leeds. RODMELL (Emma), Tunbridge Wells. Oct. 10; R. Vaughan Gower, Tunbridge Wells.
ROSE (Emma Ann), Highgate. Sept. 30; Oliver and Nutt, 14, Colemanst, E.C.
RAWSON (Elizabeth Ann), Sheffield. Oct. 14; Branson and Son, Sheffield. REVILL (Anne), Winthorpe. Sept. 30; Hodgkinson and Beevor, Newarkon-Trent.
RAVEN (Samuel), Sloane-sq, and elsewhere. Oct. 13; Maitlands, Peck-
STEVENSON (John Wright). Stamford Hill. Sept. 30; McDiarmid and
SIMMONS (John), New Cross. Oct. 1; Shaw and Son, Greenwich, S.E. STOTT (Rev. George), West Barnet. Oct. 6; Charsleys and Gibson, Beaconsfield.
STANDLEY (Ellen), Wandsworth Common, Sept. 24; W. J. Standley, Olton, and A. A. Poole, Birchfield-rd. Birmingham, or their sols., W. A. and L. F. Williams, Birmingham.
STOKES (Maria), Liverpool. Nov. 1: Dixon and Syers, Liverpool. SALTER (Henry), Eastbourne., Oct. 3; Langham and Swift, Eastbourne. TWIGGE (Edward), Liverpool and Barnston. Sept. 30; Bellringer, Cunliffe, and Wilson, Liverpool. THOMSON (Alexander Forbes), Hampstead. Oct. 12; Marshall and Pridham. 26. Theobald's-rd, Gray's-inn, W.C.
TAYLOR (William), Bolton. Sept. 30; Holden and Holden, Bolton. TAYLOR (Thomas), East Middlesbrough. Sept. 16; Lucas, Hutchinson,
and Meek, Middlesbrough.
TREVENA (William Edward), Farnborough. Sept. 22; G. B. Knight, Farnborough.
TRACEY-ELLIOT (Henry Elliot), Plymouth. Sept. 29; Prance and Prance, Plymouth.
VARNEY (Sarah), Torquay. Sept. 29; Glanfield and Glanfield. Torquay. WORMALD (James), Garforth. Sept. 11; B. C. Pulleyne and Son, Leeds. WILLIAMS (Sarah Bolton), Borrowash. Oct. 10; Gadsby, Coxon, and Nadin, Derby.
WARREN (Arthur Thomas), Sydenham. Oct. 3; Slaughter and May, 18, Austin-friars, E.C.
WOOLMONTON (Lucy Sarah Barter), Musbury. Sept. 11; Watts, Watts, and Henley, Yeovil.
WANSTALL (Rebecca), Deal. Oct. 2; P. W. Stevens. Wanstall.
WILSON (Marian Emma), Penarth. Oct. 14: A T. Wilson, 6, Victoria-
Treatise thereon, and a copious Body of Forms. By HENRY ST. JOHN RAIKES, Barrister-at-Law. Third Edition, price 7s. 6d., post free.-HORACE Cox, "Law Times " Office, Windsor House, Bream's Buildings, E.C. -[ADVT.]
FIXED INCOMES.-Houses and Residential Flats can now be Furnished on a new system of Deferred Payments especially adapted for those with fixed incomes who do not wish to disturb investments. Selection from the largest stock in the world. Everything legibly marked in plain figures. Maple and Co. Ltd., Tottenham Courtroad, London. W.-ADVT.]
NOTICE OF REMOVAL The Sanitary Engineering Company. Domestic Sanitary Engineers, after thirty-six years occupation of 65, Victoria-street, have removed their offices to No. 2, Army and Navy mansions, 115. Victoria-street, Westminster (corner of Franoistreet). 'Phone : Westminster 316. Telegrams : Sanitation," London.-[ADVT.]
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. HUMPHREY C. B. BOWLES has been appointed Clerk to the Justices of the Worthing Petty Division in the place of Mr. Maurice Goodman, who has resigned after serving the office for over twenty years. Mr. Bowles was admitted in 1908.
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.
25. JURISDICTION OF CITY CORONER.-Answers to the two follow. ing queries are requested-namely: (1) A violent death is reported to His Majesty's coroner of the City of London as having taken place within the precincts of the Temple. In such a case does the jurisdiction of the coroner, as defined by charter of Edward IV. (1478), which describes his district as that of the City of London and its suburbs." enable him to hold an inquest on the body within the Temple or in his City court? (2) A non-fatal fire is officially reported to the City coroner under the City of London Fire Inquests Act 1888 as having occurred within the Temple. In such a case-if the coroner be of opinion that "proper cause exists for holding a public inquest under the Act into the cause and circumstances of the fire-is it his duty to hold an inquiry, and has he and his jury power to view the site of the fire with or without experts? An early answer to these questions will greatly oblige. A SUBSCRIBER.
THE third term of the year will commence on Tuesday next, the 12th inst., on which and the following day the principal will be in his room for the purpose of seeing students who desire to consult him about their work. Lectures and classes will begin on the 13th Sept., when Mr. Wright, the lecturer in commercial law, will deliver the first of a new course on Insurance Law, and Professor Dicksee will commence his course on the Outline of Accounts and Book-keeping. On Thursday, the 14th, the principal will begin his course on Real Property and Conveyancing, and Mr. Gwyer his course on Civil Injuries. On Friday, the 15th, the courses on Bankruptcy and Company Law (Mr. Uthwatt) and Public Rights (Mr. Latter) will be commenced. There will be revision classes in Equity and Criminal Law; and the degree classes on Constitutional Law and the History of English Law will be concluded. Copies of the prospectus and time table can be obtained on application to the society's office.
Cox's CRIMINAL LAW CASES: In the Court of Criminal Appeal, the Superior Courts, the Central Criminal Court, at the Assizes, and in Ireland. Published Quarterly. Price 5s. 6d.-HORACE_COX, "Law Times" Office, Windsor House, Bream's-buildings, E.C.[ADVT.]
THE COUNTY COURTS CHRONICLE AND GAZETTE OF BANKRUPTCY.To enable it to treat more completely of the many matters on which the Judges, Officers, and Practitioners require to be kept regularly informed and to give to it the importance which, as the Journal of the County Courts, and their long-established official organ, it is entitled to assume, it has been greatly improved and enlarged in accordance with the extension of the Jurisdiction of the County Courts under 30 & 31 Vict. c. 142, 46 & 47 Vict. c. 52, 51 & 52 Vict. c. 43, and 53 & 54 Vict. c. 63. The Reports of Cases relating to County Courts Law decided by the Superior Courts are in octavo form, as more convenient for citation in Court. Communications are pecially invited to the department of " "Queries," which is designed to do for the County Courts what the "Justice of the Peace" does for the Magistrates' Courts. N.B.-The County Courts Chronicle" was commenced with the County Courts. It is recognised as the official organ of the Courts. Monthly, price 18. 6d. -HORACE Cox, "Law Times Office, Windsor House, Bream'sbuildings, E.C.—[ADVт.]
THE LAW TIMES.
Mr. JOHN RULE DANIELL, of the firm of Messrs. Daniell and Thomas, solicitors, Camborne, died on the 30th ult. at the age of seventy-one years. Mr. Daniell was the son of the late Mr. Daniell, of Polstrong. Camborne, and he married Miss Mary Emily Smith, daughter of the late Dr. George Smith. He was educated at Taunton, articled to a well known solicitor at Redruth, admitted in 1864, and started practice at Camborne. Mr. Daniell was clerk to the old Camborne Local Board, and when that body became an urban authority he was appointed clerk, and held the office up to the time of his death. He was clerk to the East Penwith justices, Commissioner of Oaths for the East Penwith Division, and for some years secretary and solicitor of the Helston Railway.
Mr. HENRY HOLLAND BURNE died on the 26th ult. at the age of eighty-one. He was one of the oldest solicitors in Bath, but had retired from practice since 1885. He was the son of a former Bath physician, Dr. John Burne, of Brisk-street, and practised for many years in Gay-street. Some years ago, when president of the Bath branch of the Law Society, the provincial meeting of that body was held in Bath, and Mr. Burne entertained its members in a very bandsome manner.
Mr. JOHN MOORE-BAYLEY, solicitor, died at his residence, Peterscourt, Barnt Green, Birmingham, on the 5th inst. Mr. MooreBayley, who was fifty-three years of age, was head of the firm of Moore Bayley and Co. He was the eldest son of the late Mr. John Tandy Bayley, a Wednesbury solicitor. He was admitted in 1880. Mr. Moore Bayley was a member of the city council from 1893 to to 1897, and took a leading part in securing the holding of winter assizes in the city in 1894. In the early part of this year he was appointed District Registrar for Birmingham of the Probate Office.
Mr. CARLTON HOWARD BREMNER, of Brooklyn, Blundellsands, died on the 30th ult. The deceased, who was twenty-four years of age, was the only son of Mr. G. F. Bremner, and was admitted so recently as November last, when he joined his father's firm.
Mr. ROBERT MCILROY, K.Č., Recorder of Belfast, died on the 6th inst. at the age of sixty. He was appointed Recorder of Belfast and County Court Judge and Chairman of Quarter Sessions for Antrim on the 12th May last year, in succession to the late Judge Shaw. He was educated at Queen's College, Belfast, where he took several scholarships in his law course. In 1883, when he was called to the Bar, he won the John Brooke Scholarship. From that time he had much work at the Bar, his practice lying chiefly in the Chancery Division, where his intimate knowledge of the law as affecting title stood him in good stead. He also acquired a high reputation as a conveyancer.
COURT BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit in King's Bench Court IX., Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commencing on Wednesday, the 6th Sept., 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 OB 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.
KING'S BENCH CHAMBER BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit for the disposal of King'a Benoh business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thursday in every week, commencing on Tuesday, the 12th Sept.
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 13th and 27th Sept., at the Principal Probate Registry, at 12.30. Decrees will be made absolute on Wednesdays, the 6th, 20th, and 27th Sept. All papers for motions and for making deorees 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,
Professional Partnerships Dissolved.
GAZETTE, SEPT. 1.
DUNN, CECIL WILLIAM, and SEWARD, ROBERT WALLIS, solicitors, Audrey House, Ely-pl, E.C., under style of S. B. Cohen and Dunn. Aug. 31. Debts by C. W. Dunn, who will continue to practise at above address under style of S. B. Cohen, Dunn, and Co. R. W. Seward will practise at 26, Theobald's-rd, W.C.
JOHNSON, CHARLES PLUMPTRE; JOHNSON, EDWARD MIDDELTON; LONG,
GAZETTE, SEPT. 5.
BANTOFT, JOHN HENRY, and BAILEY, CHARLES BURNLEY, solicitors, Selby,
THE BANKRUPTCY ACTS 1883 AND 1890 RECEIVING ORDERS.
GAZETTE, SEPT. 1.
To surrender a the High Court of Justice, in Bankruptcy. CLAMPITT, GEORGE, King's-rd, St. Pancras, coal merchant. Aug. 28 COMBE, HARVEY A. B., St. Swithin's-la, underwriter. Aug. 28. MATHER, HENRY, St. Swithin's-la, financial broker. Aug. 30. MOODY AND MITCHELL, Fulham-rd, stationers. Aug. 30. MYERS, ALFRED A., Cheapside, manufacturer's agent. Aug. 30. PROBYN, DIGHTON GORDON, Harley-grdns, The Boltons, South Kensington, late captain Royal Artillery. Aug. 30.
To surrender at their respective District Courts.
FROOM, SAMUEL, Weymouth, builder. Ct. Dorchester. Aug. 29.
HUDSON, JAMES, Wakefield, butcher. Ct. Wakefield. Aug. 30.
HILL, FREDERICK, and WILSON, WILLIAM HENRY, Tottenham, builders.
JOHN, JOHN JENKIN, and JOHN. WILLIAM OWEN (late trading as John Brothers). Narberth, chemist and grocer. Ct. Pembroke Dock. Aug. 30.
KEEBLE, ERNEST ROBERT (trading as J. and E. Keeble), Rushmere, farmer Ct. Ipswich. Aug. 30.
MITCHELL, HENRY (otherwise known as Harry Mitchell), Nunkeeling, farmer. Ct. Kingston-upon-Hull. Aug. 29.
MANLEY, JOHN HENRY, Margate. Ct. Canterbury. Aug. 28.
PEGG, JOHN LANGFIELD, late Wells, retired farmer. Ct. Cardiff. Aug. 29.
POOLE, T. S., Sale. Ct. Manchester. Aug. 30.
ROBINSON, EDWARD, Coventry, insurance inspector. Ct. Coventry. Aug. 28.
RICHARDSON, ELEANOR, South Shields, undertaker, widow. Ct. Newcastleupon-Tyne. Aug. 29.
STAINES, CHARLES, Poole, male nurse. Ct. Poole. Aug. 30.
SMITH, SEPTIMUS WINKLEY, Forest Row. Ct. Tunbridge Wells. Aug. 24. WEATHERHEAD, WILLIAM THOMAS, Bradford, rope maker. Ct. Bradford. Aug. 30.
WEIGHTMAN, GEORGE WILLIAM, late Hull, warehouseman.
WILLING, CHARLES EDWARD GABRIEL, Manchester, director of a public company.. Ct. Manchester. Aug. 30.
GAZETTE, SEPT. 5.
To surrender at the High Court of Justice, in Bankruptcy. EICK, WILLIAM, Norfolk-st, Strand, company promoter. Sept. 1. EMANUEL, MARK (trading as M. Emanuel and Co.), Kennington Park-rd, jeweller. Sept. 1.
GOETZ, I., Regent-st. Sept. 1.
GOETZ, W., Regent-st, restaurant manager. Sept. 1.
LEWENSTEIN, LEWIS (trading as L. Lewenstein and Co.), late Aldgate
To surrender at their respective District Courts.
CARR, DAVID SHARP, Wembley, horse dealer. Ct. St. Albans. Aug. 30. CARNIE, JAMES, Oswaldtwistle, retired postmaster. Ct. Blackburn and
Darwen. Aug. 28.
CERVI, FELIPPO SERAFINO (trading as P. A. Cervi), Weston-super-Mare,
HUNT, FREDERICK, Bournemouth, builder. Ct. Poole. Aug. 31.
HOPEWELL, CYRIL MARSH, Nottingham, teacher of music. Ct. Nottingham Aug. 31.
HOLT, HORACE PARR, Oakham, photographer. Ct. Leicester. Sept. 2. KELLY, HENRY, late Manchester, builder. Ct. Macclesfield. Sept. 1. PURVIS, ROBERT, North Shields, cycle agent. Ct. Newcastle-upon-Tyne. Aug. 31.
SMITH, OSWALD GAUNT, Glaisdale, tailor. Ct. Stockton-on-Tees. Aug. 31. STOKOE, HARRY, Leeds, late plumber. Ct. Leeds. Aug. 31.
SIMS, GEORGE, and SIMS, ELIZABETH (spinster), Glentworth, farmers. Ct. Lincoln. Sept. 1.
TUCKEY, GEORGE ALBERT THOMAS, late Bristol, solicitor. Ct. Bristol. Sept. 1.
WILKINSON, STEPHEN, Beamish, architect. Ct. Newcastle-upon-Tyne. Aug. 81.
Amended notice substituted for that published in Gazette, Sept. 1. POOLE, THOMAS GEORGE, late Sale, electrical engineer's salesman. Manchester. Aug. 30.
HUNTER, ANN (trading as G. and A. Hunter), Shotton Colliery, confectioner, widow. Ct. Sunderland. Aug. 30.
HUNT, FREDERICK, Bournemouth, builder. Ct. Poole. Aug. 31. HOPEWELL, CYRIL MARSH, Nottingham, teacher of music. Ct. Nottingham. Aug. 31.
HOLT, HORACE PARR, Oakham, photographer
Ct. Leicester. Sept. 2. JAMES, FREDERICK SEWELL CULVER, Leadenhall-st, late merchant's manager. Ct. High Court. Sept. 1.
KELLY, HENRY, late Manchester, builder. Ct. Macclesfield. Sept. 1. MICHAEL, FREDERICK WILLIAM, Shaftesbury-av, bachelor of medicine. Ct. High Court. Sept. 2.
MANLEY, JOHN HENRY, Margate. Ct. Canterbury, Aug. 31.
NORRIS, HARRY GEORGE, late Cloncurry-st, Fulham. Ct. High Court.
POOLE, THOMAS GEORGE, late Sale, electrical engineer's salesman.
PEGG, JOHN LANGFIELD, late Wells, retired farmer. Ct. Cardiff. Aug. 31.
SIMS, GEORGE, and SIMS, ELIZABETH (spinster), Glentworth, farmers. Ct.
DANIELL. On the 30th ult., at Boslew, Camborne, John Rule Daniell, Solicitor, aged 71.
MCCARTHY. On the 29th ult., at Jersey, Mary Louisa (May), wife of James McCarthy and daughter of His Honour Judge Sir George Sherston Baker, Bart.
MOTHERSOLE. On the 26th ult., at 59, Alexandra-rd, Southport, Hartley B. N. Mothersole, M.A., LL.M., Barrister-at-law, aged 42 years. REECE. On the 27th ult., at Penton House, Staines, Richard Reece, Solicitor, late of Southampton-bldgs, W.C., and Newstead-rd, Lee, S.E., in his ninety-fourth year.
ADJUDICATIONS. GAZETTE, SEPT. 1.
BRUNTON, ROBERT, Marton, butcher. Ct. Middlesbrough. Aug. 29.
EVERITT, ARTHUR CHARLES (trading as Faritt and Co.), Edric-rd, New
FROOM, SAMUEL, Weymouth, builder. Ct. Dorchester.
GOODWIN, WESTON LE CRAS, Stetchworth, head man in racing stables.
HUDSON, JAMES, Wakefield, butcher. Ct. Wakefield. Aug. 30
HANSON, GEORGE WILLIAM, Heckmondwike, late greengrocer. Ct. Dewsbury. Aug. 30.
ILLINGWORTH, JOSEPH, Cawthorne, draper. Ct. Barnsley. Aug. 28.
JONES, ERNEST BISPHAM, Pontypridd, commercial traveller. Ct. Pontypridd, Ystradyfodwg, and Porth. Aug. 29.
KEEBLE, ERNEST ROBERT (trading as J. and E. Keeble), Rushmere, farmer. Ct. Ipswich. Aug. 30.
MALCOLM, HENRY G., Strand.
Ct. High Court. Aug. 30.
MUSSENDEN, MATTHEW MORTIMER, Cullum-st, shipbroker. Ct. High Court. Aug. 30.
MEATYARD. WILLIAM HARRY, Salisbury, butcher. Ct. Salisbury. Aug. 28.
OWEN, ARTHUR, Leeds, watchmaker. Ct. Leeds. Aug. 28.
RESTORICK, FRANK, Lyme Regis, dairyman. Ct. Exeter. Aug. 28.
STAINES, CHARLES, Poole, male nurse. Ct. Poole. Aug. 30.
BARNES, JAMES, Wigan, restaurant proprietor. Ct. Wigan. Sept. 1. CARNIE, JAMES, Oswaldtwistle, retired postmaster. Ct. Blackburn and Darwen. Sept. 1.
CERVI, FELIPPO SERAFINO (trading as P. A. Cervi), Weston-super-Mare, fruit salesman. Ct. Bridgwater. Aug. 31.
GODSON, ALFRED (late trading as Godson, Anderson, and Co.), late New
GRIFFITHS, G. H., Beckenham. Ct. Croydon. Aug. 30.
LEADING ARTICLES, &c.
KING'S BENCH DIVISION. SADLER (app). ROBERTS (resp.).Factories Laundry attached to hotel-Necessity of compliance with Factory and Workshop Acts... 106 DODD (app) v. PEARSON (resp).—Public health - Unsound meat Meat seized and condemned by a justice Proceeding to recover penalty
BARKER (app.) v. ARNOLD (resp.).-
BANKRUPTCY LAW AND PRACTICE.-
THE GAZETTES................................. 443 BIRTHS, MARRIAGES, AND DEATHS 444
IX. Employment of Children and Young Persons.
X. Protection of Infants, Children, and Young Persons.
XI. Offences by Children and Young Persons.
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Vol C XI -No. 35/2.
The Law and the Lawyers.
THE report by the Inspector-General in Bankruptcy on the general working of the Bankruptcy Acts, 1883 and 1890, for 1910 shows that, although the number of failures-namely, 3880 is the smallest since the year 1884, there is a considerable increase in the estimated amount of liabilities, assets, and loss to creditors as compared with the figures for 1909. This, however, is due to one exceptionally large failure, for the decrease in the number of receiving and administration orders during the past year amounted to 190. Deeds of arrangement-3364-show a substantial decrease all round, the estimated loss to creditors under deeds being the smallest since the Deeds of Arrangement Act came into operation.
TURNING to failures with unsecured liabilities above £20,000 as compared with 1909 there is a decrease of fifteen in the number of these large cases, the total number for 1910 being twenty-six, and the aggregate liabilities-£4,567,200-being more than half of the estimated liabilities under the whole of the receiving orders for the year. This, as we have stated, is due to this one case, in which the liabilities are estimated by the debtor at £2,832,235. Five other cases in which the liabilities exceed £100,000 were due to financial and speculative enterprise apart from ordinary trading. In six cases of deeds of arrangement the estimated liabilities exceeded £20,000, the total liabilities in these cases amounting to £262,453 and assets £124,553, all the debtors being traders.
ONLY one trustee was removed from office by the Board of Trade during the year, the ground of removal being failure. to renew security. Six hundred and five applications by official receivers for authority to employ solicitors were sanctioned by the department during the year, the total estimated cost of the proceedings for which they were employed being £7170, and, compared with the corresponding particulars for 1909, these figures show a decrease of thirtySecond Sheet.