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If we grant that her administration of justice is more simple and expeditious than our own, she ought to excel us by reason of such a long experience.
We cannot expect perfection in all thinge, let alone the administra tion of justice in a country made up of the cosmopolitan population gathered here, such as exists in no other country; and yet, notwithstanding all of these things, I assert that property rights, personal rights, and the rights of the State are as amply and fully protected under the Stars and Stripes as under any flag.
No country has such complex and varied problems to cope with as the United States. Conditions arising by reason of the heavy tide of immigration from all countries, including Gentiles, Jews, Greeks, Turks, Mohammed ans, those of all religions and those with none, those coming to promulgate Socialistic doctrines, the perplexing Chinese and Japanese questions in the West, the abolition of slavery, the rights of the trusts, the organisation and rise of federations of labour-have raised perplexing questions which have demanded the attention, more or less, of the criminal arm of the law.
It seems to me that the Crippen case has received undue prominence, and is there not the fair test suspicion that Cousin John thought that this might be an opportune time to impress upon Americans that there was no dallying with English justice, and that the case of a former American subject who had been guilty of a foul crime would be an excellent one in which to furnish an object lesson ?
The limits of this article will not permit of the publishing of the array of statistics that could be presented of the work performed by the judges of our courts as compared with the work of the judges of English courts and which establish the fact that our judges do far more work for a much less compensation than the English Judiciary. I should like to refer those curious to know to a well-tempered criticism of an article appearing in the North American Review of August, written by Judge Gemmill of Chicago, reviewing an article by Professor J. W. Garner in the North American Review of the previous January. This article cites many instances of severe punishment for trivial offences, and the miscarriage of justice in English courts, for brutal crimes. I will cite but one instance quoted by Judge Gemmill, inasmuch as this relates to a brutal
Would not those who champion celerity in the conduct of criminal procedure prefer that a criminal should stand a second or even a third trial, rather than have him turned loose upon society through a technicality?
The procedure in English courts did not prevent Messrs. Gaynor and Greene from holding American officers at bay in the Dominion of Canada for many months, several years since.
The popular notion with reference to the administration of criminal justice in England has been that cases were conducted with dignity and decorum, and that it was impossible to railroad an offender to prison; but now one would think, from the comment concerning the Crippen trial, that the moment an offender committed an offence he would probably commence serving punishment for his crime within a few weeks after indictment.
Legal procedure suitable for a monarchy will not suit the needs of a republic. The first to resent what appears to be the autocratic powers of the English judge would be those who advocate such procedure; they desire to tinker with present methods, and introduce innovations which our fathers decided were not wise for libertyloving Americans. Our forefathers laid down broad principles in adopting the Constitution, and, as Attorney-General Wickersham pointed out recently in an after dinner speech at the New York Bar Association at Syracuse, the tendency of Constitution builders of the present day is to so curb legislative bodies that they are practically automatons. It seems to me that one of the reasons for the wonderful development and growth of this country has been the fact that under our Federal and State Constitutions our legislative bodies were given wide latitude in framing laws, and this discretion hae, as a rule, been so wisely exercised as to develop, and not hamper, the progress of a State or the nation. It is true that abuses are sure to crop out under Constitutions so framed, but I submit that they are no greater than the evils which result from a too rigid restriction of legislative powers. I confidently assert that our laws keep pace with, and possibly are a little ahead of, public sentiment; in other words, we have what the public demands.
In a generation, under the guiding hands of those discerning the needs, and in accord with the will of the people, great reforms have been brought about in America in legal procedure. Nowhere has a poor man so good an opportunity to secure a vindication of hig rights. Our Appellate Courts consider and pa-s upon trivial claims at the bebest of litigants of very limited means, and a person without means can prosecute or delend an action as a poor person. A criminal can have counsel assigned to his defence in almost any jurisdiction of the United States; almost every practitioner performs work gratui. tously and ungrudgingly for clients when called upon; chivalric defence of the rights of the oppressed, whether a retainer is in sight or not, is and will continue to be a characteristic of most lawyers. It is our proud boast that we are all equal before the law, and we do not want there rights abridged. The people are entirely competent and can be depended upon to pass upon, questions of
reform in procedure as they arise from time to time. Do the advocates of the English methods think there are no cases of Jarndyce v. Jarndyce still slumbering in Chancery?
I have attended the sessions of the highest tribunals in many countries, and many court sessions in England, and have never seen courts of justice, from highest to lowest, conducted with such decorum and dignity as we find in our American courts of record, and especially in those of the State of New York and the United States courts. For one thing, I have never known of an actress having been invited to sit beside the presiding judge, as in the Crippen case, or tickets of admission issued to the favoured who desired to see the exhibition. It is true that in important criminal trials the maudlin and curious will flock in large numbers, but that is true of Bociety everywhere.
Under the English system the Lord Chief Justice of England presides in civil or criminal trials, with or without a jury. There may be good reason why this should be so, but here we would think it a little incongruous were Chief Justice White or Chief Judge Cullen to preside at a murder trial. With many of the English judges an effort to be facetious in trials at the expense of witnesses or counsel is noticeable, strongly reminding one of Mr. Justice Stareleigh, who presided at the famous trial of Bardell v. Pickwick.
A well-appointed court room and a court house furnished in good taste, and the presence of courteous attendants, aid materially in upholding the dignity of our courts. To one who has visited the court rooms in England, the vast superiority of the surroundings of American court rooms must strongly appeal. We find few court rooms in the United States that seem as cramped and stuffy as most of those in London. Many of them do not seem to be much larger than 20ft. by 20ft, and are poorly ventilated, dark, and grimy. Contrast this with the court rooms known to the reader, found in the county seat of any county-especially in the older States.
No man lives who is wise enough to devise a perfect judicial system, and he must be a genius who will present a system which would work smoothly both in Montana and Massachusetts. The personnel of the Bencb and the Bar is of far more importance than any system of procedure. The efforts President Taft is making to strengthen the United States courts will do more in the next decade to improve present conditions than the experiments the visionary would have us make in fashioning our proceedure after that of England or some other country. We are living in an age that demands the best, and the solution of problems as they arise will be safely and sanely met at home.
THE minutes of a Sunday school committee would be about the last place that one would expect to find a record of an application at Bow-street, yet in those of the Sabbath school in connection with the Kirk of the Crown of Scotland, commonly known as Crown-court Church, Covent Garden, whose schools have recently celebrated the ninety-seventh anniversary of their opening, we get a glimpse of Mr. Birnie's methods in dealing with young offenders at Bow-street nearly a century ago, and, through the courtesy of the Rev. A. Macrae, the minister, we are enabled to make the following extracts. The minutes of the meetings in connection with the school are still taken and carefully preserved. Under date Friday evening, the 1st Dec. 1815, we read: "Mr. Finlayson reported a very serious charge against Mary Collins, a girl about twelve years of age, who was admitted into the school in Oct. 1814 and about the month of July last taken into the family of Mise Gordons of Tavistock-street in consequence of a recommendation given of her by Miss Finlayson to Mr. Purse of the Strand. Miss Gordone charged the girl of having robbed them of money, &c., to a considerable amount, in consequence of which they have discharged her from their service. Miss Finlayson and Mr. Purse feel themselves much hurt at having been the means of Miss Gordons. taking the girl into their service, and, although Miss Gordons decline prosecuting the girl, they think it would be very desirable that something should be done by conferring with Mr. Birnie, the magistrate, on the subject and having some punishment inflicted in order to prevent, if possible, the recurrence of such an instance of juvenile depravity in any other of the children with whom she has been educated. It was therefore resolved that Mr. Finlayson, Mr. Purse, and Mr. Whinnie be requested to wait on Mr. Birnie respecting the above case." At the meeting following of the 15th Dec. 1815 we read: "The secretary reported that he had, agreeably to the minutes of the last meeting, waited on Mr. Birnie, the magistrate, respecting the case of Mary Colline, and that Mr. Birnie's opinion was that Miss Gordons should, under the charge of a constable, bring Mary Collins before him at Bow-street, which would afford him an opportunity of giving her a very severe reprimand and, if deemed necessary, of commit. ting her to prison for one or two days, which, under all the circumstances of the case, is all that he recommends to be done in it as the most likely means to answer the desired end. The secretary further reported that the sub tance of his conference had been communicated to Miss Gordons through the medium of Mr. Purse of the Strand; also that it was the wish of this committee that Mr. Birnie's advice should be acted upon as being likely to have a beneficial effect on Mary Collins, but also to serve as a salutary admonition to the other children in the school who may be acquainted with the case, but that Miss Gordons still decline taking any steps themselves in the matter, and therefore as no other person could give a charge to a constable Mr. Birnie's advice could not be followed up." Further on in the minutes of the same meeting we find: "Mary Collins'
conduct was again noticed, and the propriety of a suitable admonition being given to the rest of the scholars in consequence of it was suggested by Mr. William Rae. Mr. Stephenson undertook to confer with Mr. Greig on this subject."
The committee did not allow the matter to sleep, and were actively engaged in following it up. Nothing formally appears in the minutes until the meeting of the 1st Feb. 1816, when "Mr. Purse reported some very unfavourable circumstances respecting the conduct of Mrs. Shead, the mother of a girl who had been in the school for some time past and noticed in the minutes of our meeting on the 15th Dec. last, in consequence of which it was resolved that a letter be sent to Mrs. Shead, by the superintendent requesting her to attend at our next committee meeting with her daughter."
Under date the 1st March 1816 we find in the minutes: "The superintendent reported that he had written to Mrs. Shead agreeably to instructions given him at our last meeting. Mrɛ. Shead, in conse quence of a letter she received from the superintendent, attended at this meeting. She was informed by the chairman of the charge brought against her namely, dishonesty in stealing from her furnished apartments, and that she had made her own daughter her assistant in the crime. Mrs. Shead acknowledged her guilt and expressed her sɔrrow for her misconduct. which she stated arose entirely from distress, and, after being very suitably admonished by the chairman, withdrew." The story of Mary Collins ends here, so we do not know whether the admonition was effective or whether she drifted into crime as a profession.
It will be noticed that frequent reference is made to Miss Gordons. Evidently this is the secretary's way of writing the Misses Gordon. Although not of legal interest, it may be added that secular subjects were taught the elder scholars as well as matters sacred, and we find in the minutes orders for writing tables, &c.; and in the minutes for the 7th March 1817 it was resolved, "That Mr. Anderson be requested to prepare twenty-five horns for writing." Reference is frequently made to candles and candlesticks, for the school met on certain evenings in the week for instruction in writing. &c. The first treat was held at a sylvan spot near the Bedford Head, Camden Town. This was in the year of Waterloo.
RECLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND.
[Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each in three months from the date given, unless other claimants sooner appear.]
COOMBS (Rebecca), Modbury; Cox (Isaac), Weston-super-Mare; and KNIGHT (Thomas), Nailsea. A moiety of the sum of £136 5s. £2 10s. per Cent. Consolidated Stock, late £2 15s. per Cent. Consolidated Stock, formerly Consolidated Three per Cent. Annuities. Dividends to be paid to Benjamin Coombs Cox, administrator to the estate of said I. Cox, who was the survivor, pursuant to an order of the Chancery Division of the High Court of Justice, dated July 29, 1911. July 5.
HEIRS-AT-LAW AND NEXT OF KIN. RYAN (William), Shadwell, who died Jan. 21, 1910.
Next of kin or their legal personal representatives to come in, by Oct. 13, at chambers of Joyce and Eve, JJ., and enter their claims at Room 693, Royal Courts of Justice. Hearing Oct. 27, at 12, at said chambera, Room 692.
APPOINTMENTS UNDER THE JOINT STOCK
NOTICES OF APPEARANCE AT HEARING MUST REACH THE SOLICITORS BY 6 P.M ON THE
BRITISH COLUMBIA (ROSSLAND AND SLOCAN) SYNDICATE LIMITED.-Creditors
ERNEST MATTHEWS LIMITED, Medical Hall, Royston, Herts.--Creditors to
GALE AND MINOR LIMITED.-Creditors to send in, by Sept. 29, to A. F.
GRAND ELECTRIC EMPIRES LIMITED.-Creditors to send in, by Sept. 30, to E. A. Shock, 11, Queen Victoria-st, E.C.
GREENBERG AND CO. LIMITED.-Creditors to send in, by Sept. 30, to J. F. Drake, 95, Cannon-st. E.C.
HUGH JAY DIDCOTT LIMITED.-Creditors to send in, by Sept. 29, to A. F. Dickin, 9-10, Pancras-la, Queen-st, E.C.
K.E.P. PLANTATIONS LIMITED.-Creditors to send in, by Sept. 28, to G. Patteson, Pinner's Hall, Austin-friars, E.C.
AND HULL SOAP WORKS LIMITED.-Creditors to send in, by Sept. 30, to H. Crewdson Howard, 70A, Basinghall-st, E.C. LEICESTER ENGINEERING COMPANY LIMITED.--Creditors to send in, by Oct. 21, to C. Howard Bolton, 22, Millstone-la, Leicester.
LAVEX LIMITED.-Creditors to send in, by Sept. 15, to R. H. Walker, 63,
S.U. PLANTATIONS LIMITED.-Creditors to send in, by Oct. 2, to G.
CREDITORS UNDER 22 & 23 VICT. c. 35.
LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENI. ALLEN (Frederick), Brixton. Oct. 16; Burton and Son, Bank-chmbrs, Blackfriars-rd, S.E. ANDREW (Walter), Parkstone. Oct. 19; Joynson-Hicks, Hunt, Moore, and Cardew, Lennox House, Norfolk-st, Strand, W.C.
AUSTIN (Vernon), Hertford. Oct. 16; Austin and Austin, 4, Clement'sinn, Strand, W.C BULLOCK (Emma), Harborne. Oct 28; Wilkins and Toy, Chipping
BOULD (Phoebe), Tunstall. Sept. 23; H. W. Adams, Tunstall.
BOUCH (Elizabeth), Workington. Oct. 14; Brockbank, Helder, and Ormrod, Whitehaven.
BOOKER (Rev. Samuel Briddon), Kenilworth. Oct. 6; Wright, Hassall, and Co., Leamington.
BRIGNALL (Louise), Phelp-st, Walworth-rd. Oct. 16; Badham, Comins, and Sloman, 3, Salters' Hail-ct, Cannon-st, E.C.
BROOKHOUSE (James Henry), Prudhoe-on-Tyne. Oct. 16; Maughan and
BELCHER (William Douglas). Herne Hill. Nov. 6; G. Willson and Co.,
Oct. 16; Tatham and Procter, 36, Lincoln's
BALDWIN (Charles), West Derby. Oct. 10; T. J. Smith and Son, Liver pool.
BUTTLE (Mary Ann), Scarborough. Oct. 6; J. Whitfield, Scarborough.
BATTERS (Frank Harry), Prestatyn. Sept. 30; Miller, Taylor, and
BARTON (Georgina, sometimes known as Georgeiana), Regent's Park. Oct. 20; W. P. Ellen, 44, Chancery-la, W.C
COPE (Rev. Samuel William), Kew. Sept. 30; Mills, Lockyer, and Mills, 5. Finsbury-sq, E.C.
CLARKE (Samuel), Chesterfield. Oct. 4; B. Mather, Chesterfield.
Cox (Alfred Charles), Islington and Hoxton. Oct. 11; Clarke,
DODGSON (Jessie), otherwise Mrs. Jessie Mortimer Hope, Thornton Heath. Oct. 5; F. J. Day, 93, Chancery-la, W.C.
DOUGLAS (Frances Alice), Botley. Sept. 30; Shield and Mackarness, Alresford.
EDWARDS (Henry William), Longframlington,
Oct. 16; S. G. Ward,
FORD (Elizabeth), West Hampstead. Oct. 20; Cartwright and Cunningham, 47, Paternoster-row.
FLOCKTON (Henry Webster), New York, U.S.A. Oct. 10; A. Prior, 25, Head-st, Colchester.
GROVER (Alfred Edward), Walworth, S.E. Oct. 20; Burton and Son, Bank-chmbrs, Blackfriars-rd, S.E.
GOOLDEN (Maria), Bayswater. Oct. 20; Fox and Preece, 15, Dean's-yd, Westminster.
GILLBANKS (Martha Evelyn Elizabeth), Ulverston. Oct. 14; Hart Jackson and Sons, Ulverston.
GREENWOOD (Thomas), Finsbury Park. Oct. 9; A. J. Ford, 26, Great
HUGHES (Richard), Hednesford, Dec. 5; E. Evans, Walsall.
HUNTER (Hannah), Ashover. Oct. 2; Steel, Maitland, and Byers, Sunderland.
HANSON (Selina), Sowerby Bridge. Sept. 23; T. Cullen, Bolton.
HEREFORD (Catherine Anne), Hereford. Oct. 9; Lambe, Carless, and Son,
HITT (Emma), Exeter. Oct. 5; J. and S. P. Pope, Exeter.
JACKSON (John Henry), Hull and Hornsea, Oct. 9; A. M. Jackson and
KNOWLES (John), Kidderminster. Oct. 9; Ivens, Morton, and Morton, Kidderminster.
KISSOCK (Maria), Kensington. Nov. 1; Ellis, Peirs, and Co., 17, Albemarle-st, W. Sept. 28; Parr, Sadler, Dickinson, and Watson,
LYON (Ann), Aughton.
LEVY (Edward Nathan), Dulwich. Sept. 29; W. B. Styer, 11 and 12,
MACMAHON (Cullagh Colin John Patrick), Hampstead. Oct. 12; E. Le
MYERSCOUGH (Mary), Lancaster. Oct. 6; C. F. Gardner, Lancaster. MARTYN (Horace Fendall), Balaghat, Central Provinces, India. Oct. 10; Martyn and Martyn, 2, Temple-grdns, E.C.
MARTIN, otherwise TAYLOR (Ann), Hornsey. Oct. 17; A. H. Bradshaw, 27,
MARRATT (Sarah Ann), Bingham. Sept. 22; J. and A. Bright, Notting-
MACKWAY (Sydney Frederick), Streatham-hill, and Bermondsey. Oct. 15;
NORRIS (Elizabeth), Brockhurst, Gosport. Oct. 26; Sowton, Bartlett, and Blaker, Chichester.
O'BRIEN (Margaret Beryl Fenton), Davos Platz, Switzerland. Oct. 14; Simmons and Simmons, 74, Cheapside, E.C.
PARKER (Henry), Wimbledon. Creditors or creditors of the executors in respect of their trading at the Rose and Crown Hotel, Wimbledon Oct. 20; H. E. Adams, Belgravia-chmbrs, 72, Victoria-st, Westminster, S.W.
PIDGEON (Walter Herbert), South Hampstead. Oct. 6; Richardson, Sadlers, and Callard, 28, Golden-sq, Regent-st, W.
PRATT (John Drewe), Prattshayes, Littleham. Oct. 9; Daw and Son, Exeter.
PARKER (Saralı Anne), West Bridgford. Oct. 20; Griffith and Chown, 31, Walbrook, E.C.
PENISTONE (Ralph), Chesterfield. Oct. 14; T. W. Elliott and T. Wardle, at the office of Shipton, Hallewell, and Co.. Chesterfield. RAWSON (Edmund Stansfeld), Kensington. Oct. 5; the executors, at the office of E. F. and H. Landon, 53, New Broad-st, E.C. READ (Charles), Honiton. Oct. 23; Dunning, Rundle, and Stamp, Honiton.
STEELE (John), Horsham, or STEELE (Mary Evershed). Oct. 12; Coole and Haddock, Horsham.
SAVORY (Melita Mary), South Kensington. Oct. 8; Leighton and Savory, 2, Clement's-inn, Strand, W.C.
SPOONER (James Douglas), Upper Montague-st, W.C. Sept. 23; R. J. Harris, Winchester.
SPENCER (Eliza), Southport, Sept. 23; T. Cullen, Boiton.
SAUNDERS (Alexander), Birkenhead and Heswall. Oct. 7; L. Saunders, the executrix, or her sols., Thompson, Hughes, and Mathison, Birkenhead.
SEARLE (Norah [otherwise Nora] Katharine), Walton Park, Clevedon. Oct. 10; Ramsden and Co., 85, Gracechurch-st, E.C.
STEVENS (James John Frederick), Belvedere. Oct. 15; Edwin, Son, and Edgley, 10, Trinity-st, Southwark, S.E.
TYSON (Margaret), Lancaster. Oct. 9; T. W. Walker and A. A. Brooke, at the offices of C. Dunderdale and Co., Manchester. TEMPLETON (Peter), New Brighton. Oct. 16; Whitley and Co., Liverpool.
TAYLOR (Elizabeth Ellen), Bootle. Oct. 12; Sampson and Co., Liverpool. THOMAS (Edward), Denton. Oct. 31; Fowden, Newton, and Varey, Manchester.
THCRBURN (John), Wrecclesham. Nov. 1; Rowe and Wilkie, Wool Exchange, Basinghall-st, E.C.
TURNER (Thomas Spink), Scarborough. Oct. 14; W. and W. S. Drawbridge, Scarborough.
TIMMS (John), Scarborough.
Oct. 14; W. and W. S. Drawbridge, Scar
UNDERHILL (William), Langley Green. Oct. 1; W. Shakespeare and Co.,
WILSON (Frederick), Newark-upon-Trent. Sept. 30; G. B. Burke,
WILLETT (Frederick), Mountgorrel and Rothley. Oct. 4; C. G. Barradale,
WILLCOX (Amy), Newport. Oct. 23; J. Eldridge and Sons, Newport,
WALTERS (John Thomas), Cheshunt. Oct. 12; Bowman and Curtis Hayward. 11, Arundel-st, W.C.
WARD (Thomas Houghton), Liscard. Oct. 13; J. N. Isaac, Liverpool.
This department being open to free discussion on all Professional topics, the Editor does not hold himself responsible for any opinions or statements contained in it.
UNCLAIMED MONEY JOTTINGS: SESSION 1911.-During the past Parliamentary session the important subject of unclaimed funds has again been referred to in the House of Commons, and several intere ing returns have been issued dealing with the matter. A short résumé of these returns may be interesting to your readers.
Funds in Chancery (England).-On the 31st March 1911 there was a sum of £1,932, 134 belonging to the suitors standing to their credit in the books of the Pay Office of the Supreme Court. and which the Consolidated Fund is liable to make good in the event of the owners making good their claims. It is stated that "prior to 1869 such money was invested in Government securities, and the interest was charged with the payment of the salaries and expenses of certain officers of the court. In 1869 these charges were made payable out of the annual votes of Parliament, and the Government securities, representing the cash-book debt to suitors, were transferred to the National Debt Commissioners and cancelled in 1870, the Consolidated Fund being thenceforward made liable for any claims arising in respect of the said debt to suitors." On the 28th Feb. 1910 the balances in court in cash and securities were no less than £49,612,275, but the proportion of the sum which may be classed as "unclaimed" is not stated. There are also large sums in court in foreign currencies, and the Bank of England has the custody, on behalf of the court, of numerous boxes containing securities. jewellery, plate, &c. The number of suitors' accounts is 36,961. It may be remembered that the Royal Courts of Justice, which cost over £1,000,000, were built with part of the surplus interest of the suitors' funds.
Funds in Chancery (Ireland).—On the 30th Sept. 1910 there was a balance in court amounting to £5,400,438, of which a large part must consist of unclaimed money, as is shown by the fact that £251,244 has been appropriated towards building the courts of law in Dublin.
This sum is part of a total deficiency of £439,150, appropriated out of the funds in court under various Acts of Parliament. The Consolidated Fund is liable for this deficiency in the event of the funds in court being at any time insufficient to meet payments to suitors. By the Labourers (Ireland) Act of 1911 a further sum of £36,000 of the unclaimed suitors' moneys has been appropriated for the purposes of the Labourers Acts.
Bankrupts Estates.-The Bankruptcy Offices in London were built out of part of the funds held by the Treasury in respect of unclaimed dividends, and another part of such funds was applied towards the cost of providing accommodation for officers performing duties under the Bankruptcy Act 1883. The total liability of the Consolidated Fund in respect of bankrupts' estates in England and Ireland on the 31st March 1911 was £1,157,126.
Government Stocks and Dividends. On the 31st March 1911, £2,021,393 stood in the names of the National Debt Commissioners on account of the balance of unclaimed stock and dividends. Very large sums in past years have been appropriated, notably £1,000,000 under the Finance Act of 1904. A remarkable fact in connection with the redaction of these liabilities is a credit item of £164,232 to the State, accrued from sume realised by the fractions of pence saved in the payment of dividends. The dividends "due and not demanded " on the 2nd April 1910 were £74,935; on the 2nd July, £67,690; on the 3rd Oct., £69,687; and on the 3rd Jan 1911, £69,750, of which the greater portion was advanced to the Government till claimants appear. It may be mentioned that a private member again introduced a Bill the object of which was to compel all bankers to make returns giving lists of all dividends, accounts, and deposits unclaimed for six years and upwards. The measure was, however, dropped.
Estates Reverting to the Crown.-On the 31st Dec. 1910 the Treasury had balances in hand amounting to £296,116 arising from estates falling to the Crown by reason of the owners dying intestate without known heirs, &c. Of this sum, the Crown's share was £24,436. During the year £39,136 was received in respect of ninety-six such estates, and £10,502 was paid to successful claimants, or for grants out of estates. A similar return relating to Scotland shows that on the 31st Dec. 1910 the King's Remembrancer had a balance in hand of £48,114, of which the Crown's share was £25,552.
There are also very large sums in hand in other departments in respect of army and navy prize money, soldiers' unclaimed balances, wages and effects of deceased seamen, &c., but I venture to think that the foregoing jottings are sufficient to show the great need of an annual return giving full particulars of all unclaimed funds of £50 and upwards in Government departments. Funds under £50-never likely to be claimed on account of the expense-could be utilised for advertising the return. There is little doubt that if such a list were published a great part of this dormant wealth would be claimed by the rightful owners. SIDNEY H. PRESTON.
27, Chancery-lane, W.C., Sept. 12.
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.
26. TRUSTEE ACT 1893.--In 1894 trustees by deed, "in exercise of the power for this purpose conferred by the Conveyancing and Law of Property Act 1881, and of all other powers (if any) them hereunto enabling." appointed a new trustee. The sections relating to the appointment of trustees in the Act of 1881 having been repealed by he Act of 1893, is this a valid appointment of the new trustee? PURCHASER.
27. TENANTS IN COMMON-CONVEYANCE.-A. and B. take a lease of a plot of land as tenants in common. After building thereon they desire to vest a portion of the plot in B. subject to a portion of the ground rent reserved by the lease and to such of the covenants in the lease as applied to the portion of the plot to be vested in B. How can this best be effected? T.
28. SOLICITOR-PROFESSIONAL ETIQUETTE.-A young solicitor (A.), about to start practice, has an offer from a friend (B.) that if A. will take an office in a specified part of London near B.'s place of business, B (who is not a solicitor, but who can influence a considerable amount of legal business) will guarantee A.'s office rent and working expenses, and will also put in his way such business as will yield A. at least £100 net each year for two or three years-this, however, on terms that A. shall pay B. a sum equal to half of all the profits made by A. above the £100 per annum. Is there any legal objection to such a bargain, seeing that indirectly it results in A. sharing part of his profits with a non-professional man?
HALLILAY'S CONVEYANCING.-A concise Treatise on the Law and Practice of Conveyancing, together with the Solicitors' Remuneration Act 1881, and General Order 1882, and the Land Transfer Acts 1875 and 1897, and the Rules and Orders thereon. Second Edition, price 188., 750 pages.-HORACE COX, “Law Times" Office, Windsor House, Bream's-buildings, E.C.-[ADVT.]
Mr. ARTHUR JOHN WILLIAMS, of Plas Coedymwstwyr, near Bridgend, Glamorgan, died on Tuesday. Mr. Williams, who was seventy-eight years old, will be best remembered as the originator of the National Liberal Club, and as the Liberal member for South Glamorgan from 1885 to 1895. He was called by the Inner Temple in 1867, and in his earlier life he practised as a barrister. He was a justice of the peace and Deputy-Lieutenant of Glamorgan. His widow is a daughter of Mr. R. T. Crawshay, the "Iron King," of Cyfarthfa Castle, Merthyr Tydvil, and there are two sons-Mr. Eliot Crawshay Williams, M.P. for Leicester, and Mr. Leslie Crawshay Williams.
EDMUND ROBERTSON, first Baron Lochee of Gowrie, who died on the 13th inst., was born in Scotland in Oct. 1845, being the eldest son of Edmund Robertson, of Kinnaird, in Perthshire. He was educated at St. Andrews and afterwards at Lincoln College, Oxford. He took a first class in Classical Moderations in Michaelmas Term 1868, and a first class in the Final Classical School in Trinity Term 1870. In 1870 he carried off the Vinerian Scholarship in Law, in 1871 he was called to the Bar by Lincoln's-inn, and in 1872 he was elected to a Fellowship at Corpus Christi College. In early life he devoted himself to the study and practice of the law, ultimately becoming a K.C, and holding at various times a Professorship of Roman Law at University College, London, and a Readership in Law to the Council of Legal Education. He also served on severa occasions as examiner in the School of Jurisprudence at Oxford.
THE COURTS AND COURT PAPERS. HIGH COURT OF JUSTICE.-LONG VACATION NOTICE.
DURING the Vacation up to and including Wednesday, the 11th Oct., all applications" which may require to be immediately or promptly heard" are to be made to the Hon. Mr. Justice Lush.
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, comme noing 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 eover, 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's Bench 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 decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries
will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock. JUDGE'S PAPERS FOR USE IN COURT.-CHANOEBY 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. 8.
HUISH, FRANCIS DARWIN, and ROBINSON, FRANCIS GEORGE, solicitors, Ilkeston and Heanor. Sept. 2. F. D. Huish and F. G. Robinson will continue in practice at Ilkeston and Heanor on their own account in the offices now occupied by them respectively. LIDIARD, JOHN; LIDIARD, HERBERT; and BAKER, ARCHIBALD HENRY, solicitors, 7, Great James-st, Bedford-row, W.C., under style of Lidiard, Son, and Baker. Aug. 31. J. Lidiard and H. Lidiard will continue to carry on business at above address and A. H. Lidiard at 52, Gracechurch-st, E.C., and Brighton.
THE BANKRUPTCY ACTS 1883 AND 1890. RECEIVING ORDERS.
GAZETTE, SEPT. 8.
To surrender at the High Court of Justice, in Bankruptcy.
MAW, THOMAS COULDREY (late trading as James Maw and Son), late
To surrender at their respective District Courts.
BROWN, JAMES WILLIAM, Camberley, laundry proprietor. Ct. Guildford
COPE, HAROLD, Nottingham, grocer. Ct. Nottingham. Sept. 4
HARDIE, MARY, Barrow-in-Furness, fried fish dealer.
Furness and Ulverston. Sept. 5. HOYLAND, WILLIAM, Sheffield, printer. Ct. Sheffield. Sept. 6. HANSELL, WILLIAM HENRY, Norwich, bootmaker. Ct. Norwich. Sept. 4. HUMPHRIES, GEORGE, Tipton, haulier. Ct. Dudley. Sept. 4. HEWITT, JOHN WILLIAM (trading as J. W. Berry), Mirfield, joiner. Ct. Dewsbury. Sept. 5.
JACKSON, FREDERICK EVANS (trading as the Specialist Company), Manchester, late cotton goods merchant. Ct. Manchester. Sept. 5. LLEWELLYN, GEORGE HENRY, Newport, solicitor. Ct. Newport, Mon. Sept. 4.
NEWTON, WILLIAM GRAHAM, Nottingham, lace manufacturer. Ct. Nottingham. Sept. 5.
RUSSELL, HARRY SIDNEY (commonly known as Sid Russell), late Medina-
ROBINSON, SAMUEL, Stanion, butcher. Ct. Northampton. Sept. 6.
THOMAS, ELI ALBERT, Porthcawl, builder. Ct. Cardiff. Sept. 1.
Amended notice substituted for that published in Gazette, Aug. 29. MILLAR, JAMES, and HIND, FRANK (trading as James Millar and Co.), East Acton, plasterers. Ct. Brentford. Aug. 25.
Amended notice substituted for that published in Gazette, Sept. 5. GOETZ, W., Oxford-st. Ct. High Court. Sept. 1.
DALTON, EDGAR, West Malling, traveller. Ct. Maidstone. Sept. 7. Fox, HENRY JOSEPH (trading as Henry J. Fox and Sons), Norwich, tobacco dealer. Ct. Norwich. Sept. 8.
HALL, ROBERT, Forncett St. Peter, farmer. Ct. Norwich. Sept. 8. HUNTING, HAROLD EDWARD, Shirebrook, hatter. Ct. Nottingham. Sept. 8. HUGHES, HERBERT WILLIAMS (trading as Herbert Hughes), Chester, car
proprietor. Ct. Chester. Sept. 7.
JONES, PETER HENRY, Rhyl, restaurant keeper. Ct. Bangor. Sept. 8.
PHIPPS, HERBERT, Shrivenham, licensed victualler. Ct. Swindon. Sept. 8.
RICHARDS, WILLIAM LITSON, Braunton, boarding-house keeper. Ct Barnstaple. Sept. 7.
RICE, RAMAH FREDERICK, Lowestoft, smack owner. Ct. Great Yarmouth. Sept. 8.
RICHMAN, WOLFE, Leeds, general dealer. Ct. Leeds. Sept. 6. SNOW, FRANCIS, Okehampton, dealer in poultry. Ct. Plymouth. VILLIS, EDWARD, Bridgwater, timber haulier. Ct. Bridgwater. WOOLER, HENRY K., Liscard. Ct. Birkenhead. Sept. 6.
ADJUDICATIONS. GAZETTE, SEPT. 8.
ACOMB, LEWIS, Cawood, plumber. Ct. York. Sept. 6. BAILEY, WILLIAM CHARLES, Lichfield, market gardener. Sept. 1.
Sept. 7. Sept. 8
Ct. Walsall. BLACKHAM, MABEL FLORENCE (trading as the Seaside Confectionery Works), Southport, late retail grocer. Ct. Liverpool. Sept. 5. BROWN, JAMES WILLIAM, Camberley, laundry proprietor. Ct. Guildford and Godalming. Sept. 7. Heavitree, painter. Ct. Exeter.
BROWN, WILLIAM EDWARD JOHN,
BAKER, HENRY, Llanharan, collier. Ct. Cardiff. Sept. 4.
DIXON, HENRY JOHN, Southsea, baker. Ct. Portsmouth. Sept. 5.
HOYLAND, WILLIAM, Sheffield, printer. Ct. Sheffield. Sept. 6.
HEWITT, JOHN WILLIAM (trading as J. W. Berry), Mirfield, joiner. Ct.
HUTTON, J., Ilford, builder. Ct. Chelmsford. Sept. 5.
HARDIE, MARY, Barrow-in-Furness, fried fish dealer. Ct. Barrow-inFurness and Ulverston. Sept. 5.
LLEWELLYN, GEORGE HENRY, Newport, solicitor. Ct. Newport, Mon. Sept. 6.
LARMUTH, PERCIE CHURCHILL, Manchester, architect. Ct. Manchester. Sept. 6.
MYERS, ALFRED ABRAHAM, Cheapside, manufacturers' agent. Ct. High Court. Sept. 4.
NEWTON, WILLIAM GRAHAM, Nottingham, lace manufacturer. Ct. Nottingham. Sept. 5.
PURVIS, ROBERT, North Shields, cycle agent. Ct. Newcastle-upon-Tyne. Sept. 5.
ROBERTSON, ALEXANDER (trading as H. W. Robertson and Co.), Falcon-sq, manufacturer. Ct. High Court. Sept. 4.
RUSSELL, HARRY SIDNEY (commonly known as Sid Russell), late Medinard, Seven Sisters-rd, bookmaker. Ct. Wandsworth.
READ, THOMAS, Hull, seedsman. Ct. York. Sept. 4.
ROBINSON, SAMUEL, Stanion, butcher. Ct. Northampton. Sept. 6.
THOMAS, ELI ALBERT, Porthcawl, builder. Ct. Cardiff. Sept. 5.
WILLIAMS, JOHN DANIEL, Pontypridd, late grocer. Ct. Pontypridd,
GAZETTE, SEPT. 12.
ATKINS, HARRY SEWELL (trading as W. I. Atkins), Stoke Newington-rd, jobmaster. Ct. Edmonton. Sept. 8.
BROWN, FLORENCE ELIZABETH, Bristol, grocer, spinster. Ct. Bristol. Sept. 8.
CALEY, LOUIS, late Hornsea, publican. Ct. Kingston-upon-Hull. Sept. 9. DARBY, WILLIAM HENRY D'ESTERRE, late Berkeley-st, Piccadilly. Ct High Court. Sept. 6.
DALTON, EDGAR, West Malling, traveller. Ct. Maidstone. Sept. 7.
EDWARDS, W. J.. late Conway-rd, Palmers Green, builder. Ct. High Court. Sept. 9.
EMANUEL, MARK (trading as M. Emanuel and Co.), Kennington Park-rd, jeweller. Ct. High Court. Sept. 7.
GOETZ, ISIDORE, Regent-st. Ct. High Court. Sept. 8.
GOETZ, WILLIAM, Oxford-st. Ct. High Court. Sept. 8.
HAMLEY, CECIL FRANCIS OSBERTUS, Tokenhouse-bldgs. Ct. Figh Court. Sept. 8.
HYDE, WILLIAM HENRY HERBERT (described in the receiving order as Howard and Co.), Huggin-la, manufacturers' agent. Ct. High Court. Sept. 7.
HUNTING, HAROLD EDWARD, Shirebrook, hatter. Ct. Nottingham. Sept. 8. HALL. ROBERT, Forncett St. Peter, farmer. Ct. Norwich. Sept. 8 HUGHES, HERBERT WILLIAMS (trading as Herbert Hughes), Chester, car
proprietor. Ct. Chester. Sept. 7.
JENKS, G. CLEMENT, late Coventry. Ct. High Court. Sept. 9.
PLANT, EMILY (late trading as the Royal Mantle Warehouse), late Manchester, mantle dealer. Ct. Manchester. Sept. 8.
PASHLEY, ALBERT, Nottingham, wholesale tobacconist. Ct. Nottingham. Sept. 7.
POTHECARY, HENRY HERBERT (trading as P. Pothecary), Mansfield, printer. Ct. Nottingham. Sept. 4.
PHIPPS, HERBERT, Shrivenham, licensed victualler. Ct. Swindon. Sept. 8. RICHMAN, WOLFE, Leeds, general dealer. Ct. Leeds. Sept. 6.
RICE. RAMAH FREDERICK, Lowestoft, smack owner. Ct. Great Yarmouth. Sept. 8
VILLIS, EDWARD, Bridgwater, timber haulier. Ct. Bridgwater. Sept. 8.
WILSON, JOHN EDWARD, Leeds, perambulator manufacturer. Ct. Leeds. Sept. 7.
Amended notice substituted for that published in Gazette, Aug. 29. ANTOINE, GUSTAVE GODCHAUD (described in the receiving order as Gustave Antoine), London-wall. Ct. High Court. Aug. 21.
RECEIVING ORDER RESCINDED.
MURRAY, PERCY JAMES ALEXANDER, Blackdown, lieutenant in the army.
RECEIVING ORDER RESCINDED AND PETITION DISMISSED.
BIRTHS, MARRIAGES, AND DEATHS.
DARLEY.On the 31st ult., at 53, Upper Leeson-st, Dublin, the wife of Cecil Hastings Darley, Barrister-at-law, of a son. HORTON-SMITH.-On the 30th ult., at Corrie Beag, Connel Ferry, Argyll, the wife of L. Graham H. Horton-Smith, of Lincoln's-inn, Barristerat-law, of a daughter (Jean Alison Graham). MARRIAGES.
ATKINS STURDY.-On the 5th inst., at All Saints', Branksome, Harry Atkins, Barrister-at-law, to Violet, fourth daughter of Thomas Sturdy, The Wick, Branksome Park, Bournemouth. BRAY-BROADWOOD.-On the 28th ult., at Vancouver, Gerard Bray, youngest son of His Honour Judge Bray, to Evelyn Jones Broadwood, elder daughter of the late Mr. and Mrs. Broadwood, of Lyne, Capel, Surrey. CHAMPERNOWNE RASHLEIGH. On the 31st ult., at the Parish Church, Horton Kirby, Francis Gawayne Champernowne, Barrister-at-law, to Isabel Mary, eldest daughter of Mr. G. B. Rashleigh and the late Lady Edith Rashleigh, of Horton Kirby.
THORNELY JOHNSTON.-On the 2nd inst., at Christ Church, Sidcup, P. Wilfrid Thornely, M.A., LL.D., of the Inner Temple, Barrister-atlaw, to Dora H. Beech Johnston, youngest daughter of Lieut.Colonel W. Beech Johnston, V.D., M.D.
DAVIS. On the 29th ult., at Mumias, British East Africa Protectorate, at the age of 28, Norman de Lancey Davis, B.A., Barrister-at-law. JACKSON. On the 6th inst., at Tunbridge Wells, Herbert Innes Jackson, of 66, Brunswick-pl, Brighton, late Registrar of the High Court of Chancery, in his eightieth year. STow. On the 7th inst., at Ashludie, Monifieth, N.B., Montague Haslan Stow, of 35, Lincoln's-inn-filds, aged 64.