« EelmineJätka »
11 & 12, BELL YARD,
GREGORY V. THE MAYOR AND COB
PORATION OF TORQUAY. - County
Court-- Practice- Pleading-Action HOUSE OF LORDS. against corporation
138 SMITH v. GENERAL MOTOR-OAB COM
Cox 0. BOWKN. -- Practice - Inter. PANY. - Empoyer and workman
pleader proceedings--- Issue tried by Contract of service-Driver cf
master-Appeal from order on taxicab
issue-Court to which appeal lies... 141 KOFFY FONTEIN MINES LIMITED AND OTHERS 0. MOSELY.- Company
PROBATE, DIVOBOE, AND ADMI Articles of association- Increase
BALTY DIVISION. of capital
ADMIRALTY BUSINES 1. OWSERS OF STEAMSHIP RAPHAEL V. THE KINGSLAND. - Admiralty BRANDY — Employer and workman Charter party
Demurrage Uompensation — Amount --Con
Delivery ac ording to custom of correot contracts of service
port ---Discharge by port authority... 143 v. OWNERS OF TAR STEAMSHIP JOHANNEBURG,- Em. ployer and workman-Compensation
LEADING ARTICLES, &c. WALTERS . STAVKLEY COAL AND
IRON COMPANY. - Employer and TO READERS AND CORRESPONDENTS... 415 workman-Accident in course of LEADING ARTICLES.-- Topics of the employment
Woek-Noteworthy Decisions of STEAD AND ANOTHER W. Smith,
the Judicial Year. Practice - Costs - Taxation
+.8 contentious business
FOREIGN LAW.-The French Law of ployer and workman-Death by
1907 with Regard to English accident arising out of employment 121 Companies.....
COUNT COURT8. Sittings of the SUPREME COURT OF JUDICATOR Courts - Recent Decision : Norton
v. ldea: Whist Company
4.32 OOURT OF APPEAL
OUIMINAL LAW ANU EN JURIDDIO ROBINSON v. BEACONSFIELD UKBAN
TION OF MAGIBIBATK8. - Borough DISTRICT COUNCIL. -- Negligence
453 Agent-Disposal by contractor of GENERAL INTELLIGENCE, -- St. Ansewage removod under contract
drews donours for Lawyers - The 1rom c-88pool
121 Right of Asyludi-- The Old Age Re A DEBTOR; Er parte TAX DEBTOR
Pensions Acts 1908 and 1911 (No. 36 of 1911). --- Bankruptcy
Exce, tions to the Rulo in Rylanils Bankruptcy notice-Validity 125
v. Fletcher - Appointments under
the Joint Stick Winawg up ACLs HIGB OOURT OF JUSTICE
--Creditore under 92 & 28 Vict c. XA 453
LAW SOCIETIE8.–The Law Society : KING'S BENOB DIVISION.
Provincial Meering - Legal EducSlem (app) ». MEADOWS (resp.). -
tion in Wales
455 Bs-'aw - Valisi y- By-law pro.
NOTEN AND WUB 1ks ..........
458 hibiting the bolding of meeting. on UORRESPONDENCE
455 parades and foreshore
127 LAW STUDANTS JOURNAL.-Council JENNER ®. SOUTH EASTERX RAILWAY
of Legal Education: Prospectus of COMPANY. --- Negligence - Railway Lectures During Michaelmas Educompany - Level crossing – Uier cutional Term lll Adrauced without interruption by railway Class: Michaelmas Term 1911 and company 131 Hilary Term 1912
459 BRINSON . DAVIES. --Commission
CUORTS AND COURT PAPABA.. House ag-nt-Commission note on
Bigh Court of Justice : Long Bale of licensed premises -- Person
461 prepared to purch 180 found by LEGAL OBITUARY. - Sir William agent --Sale by owner
134 Jamos sarrer-Mr. Stanley Victor PHILLIPS V ROYAL LONDON MOTUAL
Makower Mr. Thomas George INSURANCE COMPANY LIMITED.
461 Insurance, lile Contract
136 BIRTHS, MARRIAGES, AND DBATES 46!
INTOXICATING The Hon. Sir WILLIAM PICKFORD, one of His
Majesty's Judges of the High Court of Justice,
GOMERY, Esq., M.A., Barrister-at-Law. JUDGMENTS AND Tha Hon Sir RegiNALD MORE Bray, one of His ORDERS.
Majesty's Judges of the King's Bench Division, and E. C. ROBINSON, Esq., M A , LL B., Barrister.
R. A. McCall, Esq., KC., LL D., Attorney. General of the Duoby of Lancaster, and a Bencher of the Middle Temple, and J. K. F. CLEAVE, Esq,
M A., Barrister-at-Law. LAND IMPROVE- J. W. CLARK, Esq., K.C., Legal Adviser to the MENT.
Board of Agriculture and Fisheries, and J. I.
SURLING, Esq., M.A , Barrister-at-Law. LAND TAX... J. I. STIRLING, Esq., M.A., Barrister-at-Law. LANDLORD AND J. M. LightWOOD, E q., M A., formerly Fellow of TENANT.
Trinity Hall, Cambridge, Birriter-at Law. LIBEL AND Tbe Right Hon. Sir ROLAND VAUGHAN WILLIAMS, SLANDER. a Lord Justice of Appeul, and A. ROMR
MAC KLI Esq , BA., LL.B., Barrister-at-L.w.
Specimen Pages and full Prospectus on application. BUTTERWORTH CO, 11 & 12, BelL YARD, TEMPLE BAR, LONDON.
The Law and the Lawyers.
To Readers and Correspondents.
All communications must be authenticated by the namo and address of the writer, not
Decoe Barily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected. All communications intended for the Editorial Department should, in ordor to prevent
delay, be address-d to the “ EDITOR OF THE LAW TIMES." Any contributions that may be sent on approval will be carefully considered by tho
Editor; but no responsibility whatever can be accepted in respect thereof, although, if upguitable, every effort will be made to return them, provided that a stamped
addressed wrapper is inclosed for that purpose. The copyright of all contributions (including reports paid for) shall belong to the
proprietors of the LAW TIMES, together with the right of ropablication in any form they may think desirabla, Apart from any express agreement that may be made,
contributions are only received and considered on these conditions. Advertisements, orders for papers, &c., should be kept distinct, and addressed to the
Publisher, Mr. HOBAOB Cox, “Law Times" Omce, Windsor House, Bream's
1 1 0
1 2 2 Portfolios for preserving the current numbers of the Law TIMES, price 58 6d. LAW
TIMES REPORTS, price 38, 6d. The Publisher uodertakes the binding of the LAW TIMES and LAW TIME8 REPORTS at the following rates:
PER VOLUME Law Tixes in half calf, office pattern ....................
................... Bs. 60. LAW Times REPORTS, ditto, ditto
58. Od. LAW TIMES REPORTS, ditto, ditto, with Statutes at end............ 58. 6d. Parcels of Volumes for binding should be sent to the Publisher, Law Times Onco, Windsor House, Bream's-buildings, E.O.
TO ADVERTISERS.-SCALE OF CHARGES FOR ADVERTISEMENTS. Four lives of 30 words or loss £ 8. d. One page .....................
10 0 0 than 30 words in body type 3 6 Hall page................................
6 0 0 Each additional line....
6 One Column
3 10 0 Advertisements ordered for a series of three insertions are charged 10 per cent, under
scale, and for six or more ingertions 20 per cent. under. Paragraph Advertisements 1s. per line, minimum 5s No series discount Advertisere whose reference is under loitials to this oice, shonld remit 6d, additional
to defray postage in transmitting replies to their Advertisements, Advertisements must reach he office not later than ive o'clock on Thursday afternoon
and must be accompanied by a remittance, Pont-Omco Orders payable to HOBAON Cox,
Voi CXXXI - No. 3573.
It is really difficult to imagine anythiog more futwus than the strike which has taken place this week in Ireland. Because the railway companies would not comply with the demand of the men that they should not be compelled to handle goods of firms which were in dispute with their employees—the railway companies being compelled as common carriers to carry such goods—the whole of the railway organi. sation of Ireland has been thrown out of gear. At the time that the Tradts Disputes Act 1906 was passed we protested strongly against the measure, which for all practical purposes placed the unions and their executives beyond the control of the law. The country now will be able to appreciate what is the effect of such a proceeding, and of placing any section of the community beyond such control. Nowadays the so-called leaders have practically very little control over the men that they are supposed to lead, and the legalisation of the so-called peaceful picketing—which might be more aptly described as organised intimidation-has placed in the hands of a minority a strong weapon of offence against it majority of workers who are content to have their grievances remedied by legitimate means.
be dictated to, as to the management of their businesses, by trade union officials, who only represent, at the most, a portion of their employees. There is very little doubt that this question of labour unrest will have to be taken in hand at the earliest possible moment by the Government. On the one hand it must be seen to that industrial conditions are made such that the worker may obtain a fair and proper sbare of the proceeds of his labour, while, on the other hand, means must be found for preventing a few officials responsible to nobody, save a section of the workers, from interfering with the whole business of the nation and inflicting severe loss upon both capital and labour alike.
The figures we have given above include the year before and all the subsequent years since the Act of 1903 came into operation, and even the most ardent advocate of extension will be hard put to it to discover anything to support his contention that any great desire exists to resort to the County Courts for the settlement of large disputes. We have always contended either that the extension of jurisdiction, if availed of to any extent, would be at the expense of the poorer class of litigant, or that, if conferred on the County Courts, it would not be resorted to, and that in either case any change was inadvisable. As to the second of these conclusions, the statistics for the past six years are fairly conclusive, and it is to be hoped that, in the interests of the County Courts themselves and the smaller litigants that resort thereto, Lord LOREburn's proposals for further extension will die a natural death.
The County Courts Statistics for 1910, which have just been published, are interesting in many ways, and are especially at the present time, as Lord LOREBURN's proposals for further extending the jurisdiction of those tribunals have passed the House of Lords. Our readers will recollect that the County Courts Act 1903, which extended the jurisdiction, came into operation in Jan. 1905, and during the recent debates in the House of Lords the LORD CHANCELLOR laid stress upon the demand, which he averred existed throughout the commercial community, for a further extension. The present statistics clearly show that the extension provided by the Act of 1903 has not been of much service to litigants, and the figures which we give below demonstrate that actions above £50 and not exceeding £100 show a distinct tendency to diminish during the six years of the operation of the Act, while the existing " voluntary jurisdiction ” above £100 has been resorted to during 1910 in but 384 cases.
The main feature of the statistics for 1910 is the fall in the number of plaints entered. Not only is this diminution in the grand total, but it exists in all classes of plaints save those between £20 and £50, where there is a trifling increase. In the whole of the County Courts in England and Wales the total number of plaints of all kinds entered during the past seven years is as follows: 1904 1,338,732 | 1908
1,305,175 1905 1,300,437 1909
1,321,320 1906 1,281,416 | 1910
1,271,907 In the City of London Court the figures being :-1904 42.731 | 1908
42,835 1905 42,308 1909
43,790 1906 42,317 | 1910
1904 1905 1906 1907 1908 1909 1910
209 213 214 205 203 214 218
34 23 32 42 48 55 35
19 049 19,277 19:15 21,021 21,677 23,453 21,919
ANALYSING these figures more closely, we find that the totals that relate to the different classes of actions, so far as the amounts claimed are concerned, are as follows:
Perhaps the most notable feature in the above figures is the decline of trial by jury in the County Court, while the number of days on which the courts have sat-although it is true that sittings other than those of the judges are included -shows that the recent aspersions made with regards to the work of the judges are without foundation. Next week we shall deal with the figures with reference to the imprisonment of debtors, which, we are glad to sey, shows a very substantiul diminution, for, in fact, in 1910 but 8198 debtors were imprisoned, as compared with 8919 in 1909.
The recent circular of the Chief Commissioner of Police of the Metropolis on the subject of motor borns shows that this official recognises alike the nuisance and the fact that it is not quite easy to see at present how it is adequately to be met. Ii is impossible to contend that the profusion and variety of sounds, inny of them exceedingly startling, emitted by motor horns of one type or another do not constitute a grave and growing addition to the volume of street noise. If the Legislature is to be invoked, then it must itself remember that it is the Motor Car Act which has largely led to the nuisance, and magistrates and coroners have accentuated the evil by constantly dwelling on the necessity for warning. The authorities first complained that inotors were too noisy, and now it is a grievance that they tre too silent and their approach has to be heralded by more and more novel warnings to attract the attention of persons.
LORD HOWARD DE WALDEN is credited with an intention to work out a scheme for use upon his London property to mitigate the present grievances which mark the relationship of a tepant with bis landlord. It is very easy to understand the position which each party takes up. The landlord will urge, when he takes over on the falling in of leases property worth hundreds of thousands of pounds by reason of the enterprise of tenants or the accidental circumstances of environment, that it was this possibility of ultimate gain in future years which induced him or his predecessors in title to accept a small initial ground rent. The tenant has less difficulty in assenting to this argument when fairly stated and fairly applied than he has in acceding to heavy and technical claims for dilapidations in respect of a building which is about to be pulled down. He can also complain too often of terms made especially onerous by a landlord who knows that the tenant's vocation is such that he must live in
a restricted area. The difficulty of reconciling freedom of contract with some reasonable restrictions on oppression made possible by the particular circumstances is one which it is not easy to see how to overcome. Some adaptation of the principle already established in the legislation affecting agricultural holdings and market gardens in respect of improvements might be possible,
some definite land purchase scheme might be evolved under which tenants could compulsorily determine their leases on payment of an equitable sum. enough to suggest the bare outline, but far from easy so to fill in the details as not to inflict some confiscatory penalty on owners, either by taking away the property specially concerned at an unfair price, or by injuriously affecting some scheme for an estate as a wbole by interrupting its continuity. If Lord HOWARD DE WALDEN can devise some · plan by which a ground landlord can give tenants facilities for acquiring a permanent interest in their property without asking for some impossible quid pro quo, other landowners in the metropolis may follow suit, and by so acting do a great deal to lessen some very real grievances under which leaseholders have suffered for many years.
It is easy
to reckon the month as exclusive of the days on which the bill is delivered and the action instituted. Simmons v. Liberal Opinion Limited; ke Dunn (104 L. T. Rep. 264; (1911) 1 K. B. 966) is an exceedingly important decision. The application was one asking that the solicitor should be ordered to pay the plaintiff's costs of the action less a sum of £150 which had been received from a co-defendant. The facts were brietly these : A libel action of a political character had resulted in a verdict for the plaintiff against Liberal Opinion Limited. The solicitor had entered appearance for the defendant, and had delivered a defence. Certain documents were prepared by him in which there were references to the company. Some search by the plaintiff's solicitors made them doubtful whether there was such a company as Liberal Opinion Limited. The solicitor wrote an evasive reply to a communication on this point. It transpired that the company had not been actually registered. The plaintiff sought to have the solicitor made personally responsible for the costs on the ground that Liberal Opinion Limited was not a limited company, and that the solicitor had no authority to appear or deiend the action. The Court of Appeal held that a solicitor must be held to warrant the authority which he claims, and felt clothed with jurisdiction to order the solicitor to pay the
Lord Justice Buckley was much impressed by the evasive letter already referred to, which he regarded as tantamount to a statement that there was such a limited company.
TRADE UNION cases have not during the past year occasioned any of those momentous decisions such as have been relerred to in our reviews of the decisions of former years. At the same time, there is no lack of importance in the judgments of the Court of Appeal in Osborne v. Imalgumated Society of Railway Serrants (104 L. T. Rep. 267; (1911) 1 Ch. 540). The plaintiff had been expelled from the defendant society, and he brought his action for reinstatement on the ground that his expulsion was ultra vires The defendants objected that the society was at common law illegal, and, further, that the action was not maintainable because under sect. 4 (3) (a) of the Trade Union Act 1871 it was instituted with the object of directly enforcing any agreement for the application of the funds of a trade union to provide benefits to members. It was held that the rules were not in restraint of trade and that the society was lawíul at common law, and that the action was not within the sub-section and consequently was maintainable. In Baker v. Ingall (104 L. T. Rep. 456; (1911) 2 K. B. 132) another action was held to be maintainable. This was instituted by the officers of a trade union against a member who had been apparently incapacitated for life and had received £100, and, having resumed work, did not return the sum in accordance with an agreement signed by him. ll'ilson v. Amalgamated Society of Engineers (104 1. T. Rep. 715) was heard by Mr. Justice Parker, and he laid it down that the doctrine as to compulsory levies for the purpose of representation on municipal bodies did not extend to boards of guardians.
Passing now to the wide field covered by TRUSTEES AND TRUSTS, we may refer to Be Sheppard; De Brimont v. Harvey (103 L. T. Rep. 424; (1911) 1 Ch. 50). Mr. Justice Parker there had to deal with a case where two trustees allowed B., their solicitor, to sell certain mortgaged premises. Before B. received any of the money
trustee died. The other trustee, having confidence in B., allowed him to receive the money, and eventually B. misappropriated it. It was held that the surviving trustee was not liable to replace the funds. Mr. Justice Parker made some general observations on a trustee's basis of confidence in a solicitor's integrity. Re Jackay; Griessemann v. Carr (103 L. T. Rep. 755; (1911) 1 Ch. 300), also determined by Mr. Justice Parker, was not altogether unlike this The defendant and I. were executors and trustees.
X. was a solicitor, and the will authorised the employment of agents, and that each trustee should be indemnified out of the trust against the acts and omissions of agents. The solicitor trustee having died, the defendant instructed another firm of solicitors to act. The trustees' cheque book was kept by the defendant, and he signed certain cheques in respect of sums declared by the firm to be necessary for payment of duties. The firm misappropriated the money, and the beneficiaries sought to make the trustee liable. Mr. Justice Parker gave him the indulgence accorded by the Judicial Trustees Ict 1896, S. 3, on the ground that the defendant was justified in believing that, having regard to the terms of the will, he could safely pay the money to the solicitor. A Scottish case, heard in the House of Lords, viz., Eaton v. Buchanan (1911) A. C. 253), may be referred to as discussing the personal liability of a trustee who, acting on the advice of a law agent of established reputation, compromises certain claims. Palmer v. Emerson (104 L. T. Rep. 557; (1911) 1 Ch. 758) was a case where beneficiaries sought to make trustees liable for investing on insufficient security, there being no independent valuation, but reliance had been placed on another valuation made by a highly skilled person for a different purpose. Vr. Justice Eve gave the defendants the benefit of the Judicial Trustees det 1896, and the general doctrine was stated that there is no definite rule that in all cases where a part of the premises on which mortgage money is lent is utilised for business, trustees would commit a breach of trust in advancing more than one hali of the value of the property. If the mortgaged premises are, however, so inseparable from the business premises that the discontinuance of the business would depreciate the mortgaged premises, then trustees should keep within the limits of the moiety. Re Sio S. 11. Jaryonlibson Estalo (104 L. T. Rep. 671: (1911) 2 (h. 58) was a mitter of construction, and it was held that the phrase British colony or dependency" in a clause empowering trustees to invest trust funds did not justify an investment in the securities of individual
NOTEWORTHY DECISIONS OF THE JUDICIAL YEAR.
(Continued from page 431.) There have been a considerable number of cases during the past twelve months in which the many aspects of a SOLICITOR's professional life were discussed. ll'ovilbridge and Sons v. Bellamy (103 1. T. Rep. 852; (1911) 1 Ch. 326) was a Court of Appeal case in which the decision of Mr. Justice Eve was reversed. The defendant, a solicitor, entered into an agreement of service with the plaintiffs, who were themselves solicitors carrying on business in London and a suburb. In consideration of appointing him their conveyancing clerk at the suburb at a stated salary, the defendant agreed not to carry on within a radius of five miles from that suburb the profession of a solicitor. When the engagement ended the defendant started business in London and wrote from his office there a letter on behalf of a client residing within the prescribed area demanding payment of a debt. The letter got into the hands of a person who was not the debtor; the same bought up the debt, and the solicitor received payment for his services. The plaintiffs urged that this proceeding infringed the condition, and the Court of Ippeal held that there had been no infringement and refused an injunction. Re Dee Estates Limited (130 L. T. Jour. 573; (1911) 2 Ch. 85) was a case turning on the right of the solicitor of original trustees of a debenture deed issued by a company to a lien. The solicitor was acting for the trustees alone, and not for the company. Costs were incurred in investigating a title, and the solicitor was held by the Court of Appeal to have a right of lien on the deed as against subsequent trustees and debenture holders. Browne v. Black (104 L. T. Rep. 392 ; (1911) 1 K. B. 975) arose out of sect. 37 of the Solicitors Act 1843, whereby no solicitor can commence an action for the recovery of fees until tlie expiration of one month after such solicitor
shall have delivered unto the party to be charged thereuith, or sent by the post to or left for him at his counting house, office of business, dwelling house, or last known place oi ubude, a bill of such fees. By sect 48 ó month is to be taken to mean a " calendar month The Divisional Court had further to consider the meaning of “ month, and they held that it meant a clear month, and ii a bill is sent by post it must be posted at such a time that it will in the ordinary course of post be delivered to its addressees a clear calendar month before an action is commenced, and that for this purpose it is necessary so
provinces or settlements which went to make up the Dominion of Canada, but denoted the aggregation of provinces which made up the complete Dominion.
VENDOR AND PURCHASER cases have been curiously barren of decisions of any outstanding importance, and we can therefore pass by this section of our review with brevity. Shepherd v. Croft (103 L. T. Rep. 874; (1911) 1 Ch. 521) was a vendors' action for specific performance, and was defended on the grounds of misrepresentation and latent defect. The property was described as residential,' and was sold subject to drainage, sewer, and other easements affecting the same. Errors were not to annul the sale, and no compensation was to be payable. There was no notice given in anywise of an underground watercourse in a culvert, though the vendors knew of it. Mr. Justice Parker held that this watercourse was not a drain, sewer, or easement, nor a defect in title, but was a latent defect, and the vendors were given specific performance subject to their paying compensation
There have been since the inception of the Metropolitan Water Board a series of decisions in which the law relating to WATER has been considered by a number of test cases. The decision of Jetropolitan Water Board v. Colley's Patents Limited (104 L. T. Rep. 478; (1911) 2 K. B. 38) presented facts showing that the defendants occupied a paper factory and water was consumed for drinking and washing purposes and for sanitary flushing, and this was held by the Court of Appeal to entitle the Water Board to charge on the domestic purpose
scale. The curious charge now known as the King's Clogg is held by the House of Lords in Vetropolitan Water Board v. Adair (27 Times L. Rep. 253) to be an obligation resting on the board since the Metropolis Water Act 1902 was passed. Metropolitan li'ater Board v. Bibbey (104 L. T. Rep. 812; (1911) 2 K. B. 74) should be referred to when questions arise as to cutting off supplies from unoccupied premises. In this case the board were held wrong in so cutting off, and ought to have proceeded under sect. 4 of the Water Companies (Regulation of Powers) Act 1887. Stacey v. Metropolitan Water Board (9 L. G. R. 174), decided by Mr. Justice Phillimore, and the more recent decision of the Court of Appeal in Batt v. Jetropolitan Water Board (noted ante, p. 320), are very important pronouncements on the non-liability of the board for the disrepair of fittings connected with the water supply.
We now pass to the subject of Wills, and, as usual, we find a tremendous number of cases. Inasmuch as in this subject there is a peculiar difficulty in making any one decision govern the view to be formed in respect of a concrete case before the legal practitioner, it is really useless to enter into a lengthy review of those authorities which have been added to the existing long catena of cases. There is, however, a doctrine of some special general significance laid down by Mr. Justice Parker in Be Willoughby; Il'illoughby v. Decies (104 L. T. Rep. 536), where he has held that if a testator does not intend to give an equality by way of benefit, but by way of portion, advanced children need not bring into account anything by way of interest on sums paid to them as advances. Two cases on vesting are worth brief notice. Re Litchfield: 17orton v. Jones (104 L. T. Rep. 631) shows how the court will not read into wills a collocation of words particularly to prevent vesting, while in a case already noted ante, in connection with another point (Re l'illiams' Settlement: Williams v. Williams, 104 L. T. Rep. 310; (1911) 1 Ch. 441) Mr. Justice Eve laid it down that if a fund is left contingently on a class attaining twenty-one years of age, the eldest on reaching that age takes a vested interest in possession of his share and a contingent interest in the shares of those persons who, being members of the class, are under that age. Rr Atkinson; Atkinson v. Atkinson (103 L. T. Rep. 860) should be carefully perused by those who have to advise on some case raising the doctrines of precatory trusts. The intluence of modern authority on the doctrine is there considered by the Court of Appeal. In Re Griffiths ; Griffiths v. Faghorne (104 L. T. Rep. 125; (1911) 1 Ch. 246) Mr. Justice Joyce held, in regard to sect. 33 of the Wills Act 1837, that a child of a testator's son en rentre sa mère, born after his father's and the testator's death, is to be deemed “living" at the time of the testator's death within the nieaning of the section above indicated.
The above may be said to be a fair review of the year's judicial work. It will be seen to be as wide and varied in scope as ever, and, with the new legislation soon requiring to be considered and applied by the Legal Profession, there is every expectation that in the course of another year or two that scope will be still moro wide and varied. Modern legislation, however beneficent its purpose, can scarcely be described as possessing that polish in expression which will deprive the legal practitioner of cases to advise. The decisions of the past twelve months are intended to establish principles, and each one should be a small accretion to the margin of firm ground and intelligible law. The practical ditūculty is, when viewing a new circumstance, to find the principle amidst the kaleidoscopic permutations of modern affairs. Time alone can show whether some of these solutions are really satisfactory. In law, as everyday practice, one must sometimes find that the tempting short cut per a modern decision leads one into some morass, and the true path may have to be sought by a return to more well-trodden tracks, and the old saying may apply that “the furthest way about is often the nearest way home.'
MISCELLANEOUS PRECEDENTS (continued).
Will Postponing Vesting till the Age of Thirty. I A. B. of in the county of hereby revoke all testamentary dispositions heretofore made by me and declare this to be my last will. 1. I appoint C. D. of and E. F. of
(hereinafter called “
my trustees ") to be the executors and trustees of this my will and I appoint them to be the trustees hereof for all the purposes of the Settled Land Acts 1882 to 1890 and also for all the purposes oi sect. 42 of the Conveyancing and Law of Property Act 1881.
2. I appolat my trustees hereinbefore named and the survivor of them to act jointly with my wife during her life and after her death with any person or persons eppointed by her or if none then alone to be the guardians and guardian of my infant ohildren.
3. [Confirmation of marriage seltlement.]
6. I bequeath to each of my executors herein before named if be shall prove this my will the sum of £ (free of duty).
7. [Pecuniary legacies.] 8. [Annuity to wife.] 9. [Power to appropriate funds to answer annuities.] 10. I bequeath an annuity of 53. a week to each of my servants
and if they respectively eball be in my service at the time of my death quch respective annuities to be free of daty and to commence from my death and to be payable by equal weekly payments of 59. each the first payment thereof respectively to be made at the expiration of one week from my death.
11. I bequeath to my trustees for each of my said two daughters and her issue a legacy of £a and if no appropriation shall be made to meet the said appuity to my wife then I bequeath to my trustees for each of my said daughters and her issue a further legacy of £6.
12 My trustees shall stand possessed of the said legacies amounting together to £c each so bequeathed for my daughters as aforesaid upon trust to invest the game at the discretion of my trustees in any of the investments in which my residuary estate is authorised to be in vested with power at the like discretion to vary the investments thereof for others of a like nature and shall stand possessed of the legacies of each daughter and the investments for the time being representing the same and all statutory accumulatioos of income thereof (which accumulations sball form part of the capital of such legacies) upon trust to pay the income thereof to such daughter for her life without power of anticipation during any coverture and after her death capital and income of her trust legacies and all accumulations thereof or so much thereof respectively as shall not have been paid or applied under any po rer or trust affecting the same shall be held in trust for all or any one or more exclusively of the others or other of her children or remoter issue at such time and if more than one io such shares with such provisions for maintenance education advancement or otherwise at the discretion of any person or persons and with ouob gifts over and generally io such manner for the benefit of such children or remoter issue or some or one of them as such daughter shall whether covert or sole by deed revocable or irrevocable or by will or codicil appoint and in default of and until and subject to any such appointment in trust for all or any cbildren or cbild of such daughter who being male attain the age of twentyone years or being female attain that age or marry under that age and if more than one in equal shares but so nevertheless that no child wbo or any of whose issue shall take a sbare under any such appojotment as aforesaid shall in the absence of any direction by such daughter to the contrary take any share in the unappointed part of such daughter's trust legacies without bringing the share or aba res appointed to him or her or his or her issue into botohpot and accounting for the same accordingly.
13. My trustees may at any time and from time to time but during the lifetime of my said daughters respectively only with their respective consent in writing raise any part or parts not exceeding together one-balt of the presumptive or vested share of any child or other iøgue of my said respective daughters under the trusts hereinbefore deola red and pay or apply the same for the advancement or benefit of such issue as my trustees shall think proper.
14. In case there shall be no obild of either one of my said daughters who being 'male attains the age of twenty.one years or being female attains that age or marries then subjeot to the trasts and powers berein before declared in favour of such daughter and her issue her said trust legacies or so much thereof respectively as shall not have become vested or been paid or applied under any trust or power affecting the same shall be held in trust for my other daughter and so that the acoruing trust legacies shall be subject to the trusts and powers hereby declared concerning the trust legacies to which they accrue.
15. [Power to daughters to appoint life interest to surviring husbands.)
16. If either of my said daughters shall die in my lifetime then her trust legacies and the income thereof shall be held upon the same trusts and with and subject to the same powers and provisions
WHARTON'S LEGAL MAXIMs. With Observations and Cases. Third Edition, price 5s., post free.-HORACE Cox, “Law Times" Office, Windsor House, Bream's-buildings, E.C.-[Apvt.)
ments into others of any nature hereby authorised and shall stand possessed of the said trust premises constitutiog or representing my residuary cotate (hereinafter called “the residuary trust fund ”) and of the annual income thereof upon the trusts following that is to Bay as to one moiety thereof (hereinafter called “the said B. B.'s moiety ") upon the like truts and with and subject to the like powers and provisions so far as the nature of the property will admit in favour of the said B. B. and his cbildren and with the like gift over in favour of the said ), B. and bis children as are bereinbefore declared and contained concerning the first specifically devised hereditaments save and except that the said allowance of £d a year shall not be increased or multiplied but the income of the said B. B.'s moiety may (if and whenever necessary) be resorted to for making up any deficiency in the rents and profits of the said hereditaments and as to the other moiety (hereinafter called “the said C. B.'s moiety ") upon the like trusts and with and subject to the like powers and provisions so far as the nature of the property will admit in favour of the said C. B. and his ohildren and with the like gift over in favour of the said B. B. and his children as are berein before declared and contained concerning the secondly specifically devised hereditaments save and except that the said allowance of £d a year sball pot be inoreased or multiplied but the income of the said C. B.'s moiety may (if and whenever necessary) be resorted to foi making up any deficiency in the rents and profits of the secondly e pecifically devised hereditaments.
25. Subject to the trusts and powers herein before contained the residuary trust fund and the income thereof and all accumulations of income or so much thereof respectively 48 sball not bave become vested or been paid or applied under any trust or power affecting the same shall be held in trust for my said daughters and in equal sbares but so that my trustees sball retain and stand possessed of the sbare of each daogbter upon the trusts and with and subject to the powers and provisions bereiobelore declared and contajned concerning their Tee pective trust legacies.
(To be continued.)
so far as capable of taking effect as if such daughter had died immediately after me.
17. I devise all my meseu ages farms lands and hereditamente known as in the parish of
in the county of and in the parish of in the county of
(bereinafter oollectively referred to as “the first specifically devised heredita. ments ") to my trustees hereinbefore named their heirs and assigns upon trust tbst my trustees shall until my eldest son B. B. sball attain the age of thirty years or previously die receive the rente aod profits thereof and generally manage the same (with power to repair and insure the same and to demise the same for any term of years or tepanoy and for any purpose including mining and at any rent or royalty and upon any terms wbicb my trustees think fit and to make arrangements with tenants and others and to accept surrenders ot leaees and tepancies and generally to deal with the same as absolute owners as my trustees in their discretion eball think best for the benefit of my estate) and after paying the expense of insurance and repairs and other necessary outgoings sball out of the said rents and profits pay the sum of £d a year to the said B B. (or during minority apply the same for his maintenance or benefit) until the said B. B. eball attain the age of thirty years or previously die and shall until the said B. B. shall attain the age of thirty years or previously die accumulate the surplus of such repts and profits at compound interest by investing the same and the resulting income thereof in any of the investments hereinafter autborised and shall sland possessed of such accumulatione in trust for the said B. B. if he shall att in the age of thirty years and if and when he sball attain that age my trustees eball convey the said first epecifically devised hereditamento unto and to the use of the said B. B. in fee simple for his own use and benefit. 18. I devise all my farms lands and bereditamente kpown us in the parish of and my form known as
in the said parish of (hereinafter collectively referred to as the “ secondig specifically devised hereditaments') to my trustees hereinbefore named upon trust that my trustees shall until my son C. B. ehall attain the age of thirty years or previouely die receive the rente and profits and generally manage the game with all the like powers to repair insure demise and otherwise deal with tbe same as are hereinbefore given to my trustees witb reference to the first pecifi. cally devised hereditaments and my trustees shall from time to time out of the net rents and profits of the secondly specifically devised hereditaments apply the sum of £d a year for the maintenance ed acation or benefit of the said ('. B. until be shall attain the age of twenty.one years or die under that age and from and after be shall have attained the age of twenty-one years my trustees shall out of the said pet rents and profits pay the sum of £d a year to the said C. B. until he shall attain the age of thirty years previously die and shall until the said C. B. shall attain the age of thirty years or previously die accumulate the surplus of such rents and profits at compound interest by investing the same and the resulting income thereof in any of tbe investments hereinafter autho. rised and shall stand possessed of such accumulations in trust for the said C. B. if he sball attain the age of thirty years and if and when be shall attain that age my trustees shall convey the said secondly specifically devised hereditaments uoto and to the use of the said C. B. in fee simple for his own use and benefit.
19. Provided always that if either of my said gons shall die either in my lifetime or after my decease under the age of thirty years and eball leave any obild or children who shall be living after my death and being male shall attain the age of twenty-one years or being female sbali attain that age or marry tben and in such case my trustees gball stand possessed of the messuages farm lands and hereditaments and the acoumulations (if any) of the rents and profits thereof herein before devised in trust for the son eo dying upon trust for suoh last-mentioned cbild or children in fee simple and absolutely and if more than one in equal shares as tenants in common.
20. And I declare that so long as any such cbild or children shall be under the age of twenty.one years the pet rents and profits of the said respective hereditaments and premises and the income of the said accumulations (if any) or of such share or shares therein respectively as shall not have absolutely vested under the trusts herein. before contained shall be applicable at the discretion of my trustees for the maintenance education or benefit of such child or children for the time being under the said age of twenty.010 years in such manner as my trustees eball tbiok proper.
21. But if either of them the said B. B. and C. B. shall die either in my lifetime or after my death under the age of thirty years without leaving a child who shall be living after my decease and being male shall attain the age of twenty.one years or being female shall attain that age or marry under it my trustees shall stand possessed of the hereditaments and premises including the accumulation (if any) herein before devised in trust for the son so dying upon the same trasts and with and subject to the same powers and provisions in favour of the other of my said gone and his child or children as a re herein before declared and contained concerning the hereditaments originally devised in trust for him as aforesaid.
22. (General devise and bequest of residuary real and personal estate in trust for sale.]
23. (Trusts of proceeds of sole to pay funeral and testamentary expenses debts legacies dc.]
24. I direct my trustees to invest the residue of the said money in their names in or upon any of the investments hereby authorised with power for my trustees at discretion to transpose such in vest
The September sittings at the Mayor’e Court will commence Wednesday next, at 10 30.
An intermediate session for oases arising in the county of Middlesex will commence to-day (Saturday), at the Caxton Hall, Westminster, at ten o'clock.
The September adjourned general seesion for cases arising on the north and south sides of the Thames will commence on Tuesday next, at the Sessions.bouse, Newington, at 10.30, when Mr. Loveland Loveland, K.C., will eit for the last time as deputy chairman.
The judges (the Lord Chief Justice and Mr. Justice A. T. Lawrence) have appointed the following commission days for bolding the autumn assizes on the Westero Circuit: Devizes, Thursday, Oct. 12; Dorcbester, Tuesday, Oot. 17; Wells, Friday, Oct. 20; Bod min, Wednesday, Oct 25; Exeter, Saturday, Oct. 28; Wincbeeter, Satar day, Nov. 4; and Bristol, Monday, Nov. 13. The Lord Chief Justice will go the circuit alone until Bristol is reached, when he will be joined by Mr. Justice A T. Lawrence.
Mr. Justice Pickford has fixed the following commission days for the autumn absizes on the Oxford Circuit : Reading, Friday, Oct 13; Oxford, Tuursday, Oct. 19; Worcester, Monday, Vot. 23; Gloucester, Friday, Oct. 27; Monmouth, Wednesday, "ov. 1; Hereford, Monday, Nov. 6; Shrewsbury, Thursday, Nov. 9; and Stafford, Monday. Nov. 13. At ihe conclusion of the business at Stafford Mr. Justice Pickford will go on to Birmingham, on the Midland Circuit, to join Mr. Justice Ridley, but the commission day for that towo has not yet been fixed.
Mr. Justice Avory and Mr. Justice Lush bave appointed the following commission days for holding the autumn ansizes on the Northern Cirouit : Carlisle, Monday, Oct. 23 ; Lancaster, Thurs. day, Oct. 26; Liverpool, Tuesday, Oct. and Manchester, Wednesday, Nov. 15. Mr. Justice Avory will go the circuit alone unti Liverpool is reached, when he will be joined by Mr. Justice Lush.
Lincoln's-inn Chapel will reopen for Divine service, on Sunday, the lst prox., at eleven o'clock.
Mr. William Risdon Hall Jordan, solicitor, of Teignmouth, Devon, at one time a partner in the firm of Messrs. W. R. Hall Jordan and Son, who died in July last, in his ninetieth year, left an estate of the gross value of £1700.
On Monday next the work of the Woolwich Police-court will be transferred to a temporary corrugated iron building which will be used pending tbe erection of the new court on the site of the present building. The new court, wbich is to be commenced at once, will probably not be completed for about two years.
The eighty-pioth session of the Birkbeck College will commence on Wednesday, the 27th inst. The opening address will be given in the theatre, at 7.30 p.m., by Sir William Tilden, D.So., F.R.S. The law courses comprise Mercantile and Common Law, Equity, Con. veyancing, and Patent Law, classes in Eoglish and Roman Law, and Constitutional Law and History.