« EelmineJätka »
TAYLOR (James), sometime residing at Brooks Bar, who died at Brownlow
TYRRELL (Major Arthur Frederick, R.A.M.C.), Junior Naval and Military Club, Piccadilly. June 6, H. Tyrrell and Son, Birkbeck Bankchmbrs, 329, High Holborn, W.C.
WARREN (Emma), Grimsbury, Banbury. May 17; E. Lamley Fisher,
WRIGHT (Herbert Robert), Bootle. June 2; J. Priest and Sons, Liverpool.
WILLS (George Hosking), Whitchurch. June 6; W. H. Pethybridge,
ZAMBRA (Julius James George). Finchley.
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. HUGH BERTRAM Cox, C.B., Legal Assistant Under-Secretary, Colonial Office, has been appointed Solicitor to the Board of Inland Revenue, in succession to Sir F. Gore, who is about to retire. Mr. Cox was called by the Inner Temple in 1885.
Mr. JOHN SHUCKBURGH RISLEY has been appointed Legal Adviser to the Colonial Office. Mr. Risley was called by Lincoln's-inn in 1893.
Mr. THOMAS SYMONDS TOMLINSON has been appointed an Assistant Judge of His Britannic Majesty's Court for Zanzibar. Mr. Tomlinson was called by the Inner Temple in 1901 and goes the Northern Circuit.
Mr. STAMP WILLIAM WORTLEY, LL.B., has been appointed Deputy Clerk of the Peace for the Borough of Wigan. Mr. Wortley was admitted in 1905.
Mr. T. D. SHEPHERD, of Penrith, has been appointed a Commissioner for Oaths. Mr. Shepherd was admitted in Feb. 1905.
UNITED LAW CLERKS' SOCIETY.
THE Attorney-General presided at the seventy-ninth anniversary festival
After the loyal toasts,
The Attorney-General, in proposing the toast of the evening, "Prosperity to the United Law Clerks Society," observed that the Society had existed for just upon eighty years, and, according to the report, it was at present in such a state of prosperity that to those who did not look closely into the figures it might almost make it seem unnecessary that such a toast should be proposed. It was 8 friendly society, and friendly societies were at the present moment very much in the forefront. As a friendly society it had set an excellent example; it proceeded upon the principle of self-help-that kind of help which was always the most pleasurable to the recipient, and the receipt of which conferred upon him the greatest boon. And not only did the society practise self-help, but it had a fund from which it helped those who were not even its members. That always seemed to him a special and most favourable aspect of the society. It was not content with helping its own members, but it also desired to help those who, for one reason or another, had not enrolled themselves among its members. He saw also from the report that there were at present 1435 members of the society, and that it had an income of over £8000 a year; but it appeared that it required the whole of its income in order to help those who came within the rules and regulations of the society, where the one desire was to relieve those who for one reason or another, either through sickness or, it might be, through old age, were in need of assistance. The society, in common with other friendly societies, contributed very much to the national prosperity. These were national societies, and the more they were encouraged and the more they flourished the better it would be for the nation at large. He was particularly pleased to see so many of the members of the Profession present to assist the cause of the society. There was not one of them but would be glad to recognise what he owed to his clerk, and, indeed, to other clerks, and he was very pleased to see so many present among whom he had been accustomed to work. Speaking of the clerks, he often thought that whilst the members of
the Profession, to whatever branch they might belong, got the prizes, it was the clerks who helped them to obtain them. The members of the Bar, he could say from his own knowledge, were altogether dependent upon the assistance which they got from their clerks. It was a rather curious coincidence that he should find himself presiding at a gathering of the members of a friendly society, bearing in mind what had taken place in the House of Commons on the previous evening in the exposition of the scheme of national insurance, and which was so much talked of and discussed in the Press. It was rather difficult to speak of the subject with the reserve which he thought would be becoming in one who had taken a very minor part, but a little part, in fashioning the details of the scheme. Fortunately, from the reception which had been given to it by the House of Commons, whatever its merits or demerits might be, ofjone thing they were assured-namely, that it would be received in a generous spirit by all sections of the House. The Chancellor of the Exchequer, to his knowledge, had spent a very great deal of time over the matter, and to him alone belonged the credit of conceiving the scheme. And it might well be borne in mind that the man who was responsible for it was a member of the Profession. The scheme had been received by the House with a desire to make it a great national matter so that it might be built up on the securest foundations for the nation's prosperity, and that it might be made by means of the united efforts of the nation's representatives the greatest scheme of social reform that had ever been unfolded to any country in the world. Addressing, as he was, the members of a friendly society, he would like to say a few words about the relations of the friendly societies to the scheme. They had nothing to fear from it. Their funds would remain absolutely untouched, but the friendly societies, would be the machinery which would be brought into use for the purpose of carrying it into effect. It would be to everyone's interest to become a member of one of the friendly societies or of approved societics, because by so doing they would secure the fullest benefits that were given under the scheme. The money that would be paid by the employer and the State would help the man who joined a friendly society to get further benefits from the friendly society out of the moneys he might himself pay. Taking the case of a man who was paying. say, 6d., 7d., or 8d. per week premium to his society in order to obtain the sick benefit to which he would become entitled, under the new scheme he would pay 4d. instead of either of those amounts, and the rest of the subscription would be contributed by the employer and by the State, so that he would be lef with the difference between that 4d. and the 6d., 7d., or 8d. he now had to contribute to the friendly society, and that difference he might pay to the society, if he was so minded, for other benefits which the Government scheme did not afford. The friendly Bociety would thus get the benefit of further payments, and it would therefore enjoy greater prosperity; and equally it must receive a large accretion to the number of its members. In no way was there any active interference with the management of the friendly societies, and indeed the societies would be benefited and would gain in strength and in popularity. He believed this was the greatest scheme. not only in magnitude, but in the beneficent results which would follow from it, which the country had ever seen. It was difficult quite to gauge the effect which it would have on the national welfare, but if they paused to think what it would mean to have fourteen millions of people in the nation safe for a sick benefit in case of illness or permanent disability-safe until they reached the age at which they would be entitled to an old age pension-they must recognise that, if the scheme were carried, an enormous benefit would be conferred upon the people by the State.
Mr. Henry Spray (hon. treasurer), in returning thanks, confessed that he had had some fear that the Government scheme would injure the friendly societies, but he understood from the remarks of the Attorney-General that they would get a subvention from the State in aid of their funds, and as treasurer of the society he was bound to welcome that most heartily. The Attorney-General had said that the credit of the scheme belonged to the Chancellor of the Exchequer, but he thought that a great deal of credit was also due to the principal law officers of the Crown who had been associated with the Chancellor of the Exchequer. The members of the society must study closely the scheme, and he believed they would give it the most hearty support. He hoped the society would benefit largely from its operation.
Mr. A. J. Walter, K.C., in submitting the toast of "The Legal Profession," said that one naturally thought first of the great pillars of the Profession, those who had been fighting among them and who were now settling their disputes in the courts, and they felt that the great body of the English judges were carrying out the noble traditions handed down to them from the past, doing justice between man and man fearlessly and without favour, and this, after all, was the greatest tribute that could be paid to a judge. He regretted the absence of Lord Mersey, an old familiar friend of the society, who had often attended these meetings and who was to have responded, but unfortunately he was unable to be present. The work of the Bar was before the public, and they were judged by that work, and that also was true in a measure with regard to the solicitor branch, the working branch of the Profession. Last, but not least, there were the clerks, and he would ask what barristers or solicitors would do without them? He had been in various parts of the world and had spoken to advocates and others on the subject, and he could affirm that nowhere else were the relations of the Profession and their clerks such as they were in this country. The clerks, as far as the Bar were concerned, were of the greatest assistance to their principals; and members of the other branch of the Profession had told him that it was only by reason of the conscientious, true, and
untiring labours of the clerks that they were enabled to carry on their business.
Mr. E. M. Pollock, K.C., M.P., in returning thanks, said that the Profession was of English growth and flourished in no other country in the particular form which it took in this. It was entirely independent of the State; it had its roots deep in our history and in our Constitution, and it had an honest desire to do its best for all who sought its aid. Indeed, one of the remarkable facts about the Profession was its flexibility and its versatility. It had great traditions to conserve, great duties to perform, and he felt sure that its members were inspired with the desire to do their best on behalf of their clients.
Mr. Holman Gregory, K.C., proposed the health of "The Chairman," whom he spoke of as deservedly the most popular man in the Temple.
The Attorney-General having returned thanks,
Mr. J. J. Parfitt, K.C., proposed the toast of "The Trustees and Honorary Stewards," referring to the loss the society had sustained since the last anniversary festival by the death of Sir John Hollams and the retirement of Sir George Lewis and Mr. Justice Eldon Bankes, the trustees. Fortunately, the society had been able to secure as new trustees Mr. Bourchier F. Hawksley, Sir Homewood Crawford, and Mr. R. B. D. Acland, K.C.
Mr. Bourchier F. Hawksley (senior trustee) responded. He said that it was very gratifying that the Government scheme had been received by all parties in the House of Commons with so much satisfaction. He agreed with what the Attorney-General had said as to the assistance the scheme would be to societies such as this; but the society would be none the less lavish in its expenditure in support of those who required help in the Profession, and it was most gratifying to know that the help given was not confined exclusively to its members, but was extended to those who from a variety of causes had not been able to join the society.
The final toast was "The Ladies," proposed by Mr. M. Nicholls, Mr. A. P. Profumo responding.
The string band of the Scots Guards played during dinner, and afterwards an excellent programme of vocal music was supplied under the direction of Mr. Alfred Smythson, who was also the accompanist, by Miss Christine Bywater, Miss Kate Rooney, and Messrs. Gwynne Davies and T. F. Kinniburgh.
ASSOCIATION OF COUNTY COURT REGISTRARS. REPORT OF THE COMMITTEE ON THE COUNTY COURTS BILL 1911. THE Committee having considered the Bill desire to support it, subject to the following observations :
Clause 1. The committee approve of the proposal to confer unlimited jurisdiction upon County Courts subject to the prescribed right of removal; but with respect to sub-clause (5) they think that the County Court judge should have power to refuse to allow a defendant to avail himself of a counter-claim if, in his opinion, it cannot be conveniently disposed of in the pending action or ought not to be allowed. Such a power is vested in the High Court by Order XIX.,
Clause 4. The committee think that the proposal extending the jurisdiction of the registrars is a beneficial one; it would no doubt relieve the work of the judges to a very large extent, and the committee think it would be popular with the suitors. If, however, registrars are to undertake a large part of the work and responsibility of the judges, the committee think they ought to be remunerated for it; this observation applies to registrars who are paid by fixed salaries as well as to registrars who are paid by fees. The committee suggest that it would be beneficial and a public convenience that registrars should be given power to deal with actions commenced under sect. 138 of the principal Act where, as frequently happens, the defendant does not appear or appears and consents to an order. Such a provision would be particularly useful in future if, as is contemplated by clause 7, the judge does not attend every court. At the present time there is a considerable difference of practice in the various courts; in some courts registrars deal with these cases, in others all actions commenced under this section are dealt with by the judge.
Clause 5. The committee approve the principle of default summonses being dealt with by Rules of Court. It is assumed that the rules will prescribe a procedure similar to that contained in sect. 2 of the Bills of Exchange Act. It would afford a useful and much needed remedy for recovering debts as to which there is no substantial defence. But there is no valid reason for limiting default summonses to cases exceeding £5, and the existing right of issuing a default summons, where the sum claimed is for goods sold to be dealt with in the way of trade, should be preserved. That right is very largely and properly used by creditors who, through their agents or travellers, Bell to small tradesmen. The necessity of personal service is a sufficient protection to the defendant. As an alternative proposal the committee suggest that, if it is considered that the new procedure would be too drastic in actions for debts not exceeding £5, the existing default summons procedure should be continued with respect to such actions. This would involve the amendment instead of the repeal of sect. 86 of the principal Act. The importance of the proposed alteration will be seen from the annexed table showing the large proportion, from 48 to 65 per cent. in the different courts, of default summonses issued at the present time for sums not exceeding £5; incidentally the alteration would mean a very heavy loss in fees.
Clause 8. The new Rules of Court should make provision for notice of the holding of such additional courts, as the three months' notice required by Order I., r. 1, would be inapplicab'e.
Clause 13. The committee suggest that it would be in the public interest to provide that the depositions might be taken before the registrar as well as before an examiner or commissioner, as the witness would probably be residing in the district of the County Court from which the appeal came.
Clause 14. The committee suggest after "court" in line 14 the words "in such manner as may be prescribed by County Court Rules." There should be a time limit.
Clause 17 (2). "In any court" in line 41 means, it is presumed, in any County Court. Is this clear?
Clause 19 (2). The committee think that in the public interest it is desirable that the office of registrar should be filled by a solicitor only. The keeping of the accounts and the rest of the administrative work are such as can be best undertaken by solicitors. There is no dearth of solicitors competent to discharge the judicial and administrative duties that are now and are proposed to be intrusted to registrars. The office of County Court registrar is one of the few for which solicitors are exclusively eligible, and it wou'd be unfair to them and against the interest of the public to throw the appointment open to members of the Bar.
Clause 19 (4). This appears to be unnecessary, as clause 32 (3) repeals the parts of the sections of the Acts repealed by this clause. Clause 23. This clause the committee think might work great hardship. A witness, who has received or been tendered a sum sufficient to cover his travelling expenses only, would be bound to attend, but would have no summary means of enforcing his claim for an allowance for his attendance if he were not called as a witness. Again, a witness who had been brought, say 100 miles for 83. 4d., refuses to be sworn until the proper allowance for his attendance is paid; this is fixed at 25s., and the party summoning the witness has not the money. It is suggested that sect. 111 should not be altered except that the opportunity might be taken of making it clear that expenses on the prescribed scale of allowances " means travelling expenses plus an allowance for the attendance of the witness not less than the minimum amount prescribed by the scale.
Clause 25. It is suggested that this clause should be limited to judgment debts in respect of which an order for payment is made other than by instalments, otherwise the clause would necessitate very troublesome calculations of interest for the accuracy of which the registrar would presumably be responsible.
Clause 26. The committee think that the provisions of this clause should be limited to cases exceeding £50. They suggest it might be better to omit the words "if the court so directs,' and substitute the words "unless the court shall otherwise direct." It will be necessary to make provision with reference to the registrar's duties as to registration, as, if the judgment debt is paid direct by one party to the other, the registrar will not know whether the judgment has been satisfied. The committee suggest the following clause :
Addendum to clause 26. Where the court directs money to be so paid (or, if the clause is altered as suggested, Where no direction as to payment of the money is given), the judgment shall not be registered pursuant to sect. 183 of the principal Act unless and until the parties entitled to the benefit of the judgment give notice to the registrar that the same remains unsatisfied.
Clause 27. The committee suggest that the Rules of Court should provide that the notice to be given should be accompanied by a certificate of the judgment or order relied on.
Clause 30 (1). The committee venture to suggest that a County Court registrar should be added to the Rule Committee. It seems a pity that the latter committee should not avail itself of the experience of the officers who have most to do with the administration. It is suggested that the clause should be amended by providing that the committee should include four persons to be appointed by the Lord Chancellor, of whom one should be a County Court registrar.
Clause 30 (3) (c). Power should be taken to make Rules of Court for referring such questions to the registrar as well as to an official referee of the High Court if it be thought that the present power of reference is not sufficient for this purpose.
Clause 31 (2). The power of making such orders as mentioned in this clause should be conferred on the registrar as well as on the judge. In courts which only sit once in two months or once or twice a month trouble and inconvenience will be caused by limiting the power to the judge only, and will involve applications at one court relative to proceedings pending in another court which always cause much correspondence and inconvenience.
Clause 32 (3) and Schedule. The committee suggest that the Court of Probate Act 1858, s. 10, should be added to the schedule. See clause 2 of the Bill.
The committee venture to suggest that a clause should be introduced into the Bill for the protection of sheriffs' officers and high bailiffs levying execution on goods which are subsequently claimed under a hire-purchase agreement, and they approve of the clause suggested by the committee appointed by the Board of Trade to inquire into the bankruptcy law and its administration, pars. 159 and 160 of the report, of which the following is a copy: "A sheriff, high bailiff, or other officer charged with the execution of a writ or other process, or any person acting on his authority who under an execution seizes and sells goods which are held by the judgment debtor under a hire-purchase agreement and parts with the proceeds of sale pursuant to the directions in the writ or process, without
knowledge of a claim to the goods or proceeds by the person from whom they are held, shall not, except as provided in the Bankruptcy Acts, be liable to an action for damages for the seizure of the goods or the sale thereof, or for parting with the proceeds of sale; provided that nothing herein contained shall affect any liability of the credi or at whose instance the execution is issued to pay the proceeds of the sale of the goods, or the value of the goods, to any claimant who is entitled thereto."
Table Showing Number of Default Summonses issued in the under. mentioned Courts for the Three Months ended the 31st March 1911. Default Summonses issued 1st Jan. to 31st March 1911.
6. That the fact that the clerk of the peace has previously acted a prosecuting solicitor at petty sessions must inevitably create in th minds of appellants a suspicion of bias, prejudice, or unfairness contrary to the high standard and long established traditions o English justice.
7. That your memorialists find from inquiries addressed by them to the various clerks of the peace for boroughs having separate quarter sessions, that it is not the general practice that they should combine the offices of clerk of the peace and prosecuting solicitor at petty sessions, and that such a combination of offices is generally considered highly undesirable. and contrary to the general policy of the law.
8. That the objections set forth in this memorial cannot be removed by the clerk of the peace delegating to an assistant solicitor in his own office, or to some other solicitor at quarter sessions, the conduct of any cases in which he has already acted as prosecutor at petty sesions.
9. That your memorialists most respectfully submit that if Mr. Lang Costh be given the conduct of police prosecutions, as is contemplated, he should not continue to hold the office of clerk of the peace.
And your memorialists will ever pray, &c.
Signed on behalf of the society this 8th day of May 1911.
DAVID SELINE, President.
THOS. WM. JAMES, Vice-President. EDWIN DAVIES, Secretary,
SWANSEA AND NEATH.
Re PROSECUTING SOLICITOR FOR SWANSEA.
IN 1897 the Watch Committee of the Swansea Corporation appointed a solicitor to undertake prosecutions on behalf of the police of the borough. His duties were to conduct police prosecutions at the police-court and to instruct counsel in cases committed to the Court of Quarter Sessions for the county borough of Swansea, and in support of appeals to that court from the police-court. At the end of 1910 the town clerk of Swansea, who was also clerk of the peace for the borough, resigned both appointments, and Mr. Lang Coath was in February last appointed by the Swansea Corporation town clerk in his place. Later-namely, in April last-Mr. Lang Coath was also appointed clerk of the peace for the borough. Previous to his appointment as clerk of the peace, a special committee, consisting of some members of the corporation, were appointed for the purpose of rearranging the staff in the office of the town clerk, and on the 19th April the committee presented a report to the town council, and. among other matters, they recommended that the duties of the prosecuting solicitor should be transferred to the town clerk's department, and that the prosecuting solicitor should be notified to that effect. This report was adopted by the town council on that day without comment. The matter having been brought to the notice of the Swansea and Neath Incorporated Law Society, their committee met and decided, in the interests of the Profession, to present a memorial to the Swansea Town Council, protesting against the clerk of the peace also acting a prosecuting solicitor in the police court in cases which might eventually go to the Court of Quarter Sessions either for trial or by way of appeal, and also to his acting as prosecuting solicitor and instructing counsel in cases tried in the Court of Quarter Sessions. The grounds of objection are fully set out in the memorial. On Monday, the 10th inst., a meeting of the members of the society was held, and, after considering the question, the memorial was adopted, and copies of the same were directed to be sent to the members of the town council in time for consideration at the next monthly council meeting on the 17th inst.
The following is the text of the memorial:
To the Mayor, Aldermen, and Councillors of the County Borough of Swansea.-The Memorial of the Incorporated Law Society of Swansea and Neath.
1. That they learn it is intended by your council to give the conduct of police prosecutions at the county borough petty sessions to Mr. Lang Coath, the recently appointed clerk of the peace of the county borough quarter sessions.
2. That Mr. Lang Coath, as clerk of the peace, is the taxing master of the court, and in that capacity would have to tax his own bills of costs, as well as the costs of litigants against whom he had appeared as prosecuting solicitor, which would not only be anomalous, but harmful to the public weal in creating a suspicion of unfairness.
3. That the clerk of the peace is an officer of the Court of Quarter Sessions, and it is part of his duty to summon jurors for the trial of cases at such court, and when so called upon to assist the recorder with advice.
4. That a considerable number of the cases tried at petty sessions, especially those connected with the Licensing Acts and betting and gaming prosecutions, form the subject of appeal to the quarter sessions, . and it is obvious that at quarter sessions an officer of that court cannot, with propriety, act directly or indirectly in any cases in which he has at petty sessions appeared as prosecuting solicitor.
5. That it is of paramount importance to the public that the administration of justice should be not only pure, but above suspicion.
UNITED LAW SOCIETY.
A DEBATE was held at the Inner Temple Lecture Hall on Monday the 8th inst. Mr. S. E. Redfern moved: "That the case Re Whit field; Hill v. Mathie (103 L. T. Rep. 878; (1911) 1 Ch. 310) was wrongly decided." Mr. T. Jameson opposed. The motion was lost by three votes.
THE usual monthly meeting of the directors was held at the Law Society's Hall on Thursday, the 4th inst., Mr. F. W. Emery being in the chair. The other directors present were Mr. Chandler, Mr. Gardiner, Mr. Richardson, Mr. Woodhouse, and Mr. A. H. Morton for the secretary. The sum of £65 was voted for the relief of severa necessitous cases, one life member and one annual subscriber were elected, and other general business transacted.
SOCIETY OF CITY AND BOROUGH CLERKS OF THE PEACE.
THE nineteenth annual meeting was held at Maidstone on the 3rd inst., Mr. Day (Maidstone), president, in the chair. Numerous points of practice were discussed. The following officers were elected for the ensuing year: President, Mr. Barker (Grimsby); vice-president, Mr. Stallard (Worcester); treasurer, Mr. Copson Peake (Leeds); hon. Mr. Ogden (Manchester); committee, Mr. Binney (Sheffield), Mr. Brevitt (Wolverhampton), Mr. Duignan (Walsall), Mr. Harris (Nottingham), Mr. Routlidge (Pontefract), and Dr. Woodhouse (Hull).
SOLICITORS' BENEVOLENT ASSOCIATION.
THE usual monthly meeting of the board of directors was held at the Law Society's Hall, Chancery-lane, London, on the 10th inst. Mr. Maurice A. Tweedie in the chair. The other directors present were Messrs. W. C. Blandy (Reading), S. P. B. Bucknill, A. Daven. port, H. Fulton (Salisbury), C. Goddard, W. H. Gray, J. R. B. Gregory, Samuel Harris (Leicester), L. W. North Hickley, H. J. Johnson, J. F. N. Lawrence, C. G. May, A Copson Peake (Leeds), W. A. Sharpe, R. S. Taylor, R. W. Tweedie, W. M. Walters, and Thos. Gill (secretary). A sum of £335 was distributed in grants of relief, thirtyfive new members were admitted, and other general business was transacted.
ASPINALL'S MARITIME LAW REPORTS (New Series).-Containing all the Decisions in the Admiralty Courts of England and Ireland, and in all the Superior Courts, with Notes by the Editor. Parts, price 5s. 6d., will be sent free by post to subscribers.-HORACE COX, "Law Times" Office, Windsor House, Bream's-buildings, E.C.-[ADVT.] COUNTY COURTS, EQUITY, AND BANKRUPTCY CASES.-Published quarterly, price 4s., post free. Comprising the Decisions in Law and Equity, administered in the County Courts; the Appeals from the County Courts; the Judgments in Important Cases decided in the County Courts; and all the Cases in Bankruptcy in all the Courts.HORACE COx, County Courts Chronicle" Office, Windsor House, Bream's-buildings, E.C.-[ADVT.]
This department being open to free discussion on all Professional toples, the Editor does not hold himself responsible for any opinions or statements contained in it.
KING'S BENCH DIVISION.-In connection with the letter of "County Court Judge in your last issue, complaining that only five out of the thirteen King's Bench judges available were announced to sit on Saturday, it is interesting to observe from the list of County Court Fittings on another page of the same issue that apparently only ten County Court sittings will be held next Saturday, although on the other days of the week the number varies from thirty-nine on Monday to fifty-oue on Thursday. Of the ten judges sitting, only six would appear to be holding courts on all six days of the week, the remaining four sitting on three, four, or five days only. From this it would seem that the experience of the majority of County Court judges agrees with that of the High Court judges, that Saturday sittings are inconvenient to and unpopular with the public, both litigants and jurymen. May 10.
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.
4 GOLF CLUB-IN LAND REVENUE LICENCES.-Is a golf club liable in respect of a greenkeeper to take out a male servant licence ? G. P.
(Q. 22.) PUBLIC HEALTH Acr 1875, s. 23.-It seems clear that the authority cannot under this section compel the connection of a drain with a sewer which is more than 100ft. from the site of the house to be drained: (see The Law relating to Sewers and Drain", by Macmorran and Willis, p. 191). Under sect. 15 of the Act it is the duty of the authority to provide such sewers as may be necessary for effectually draining their district; but, in the case of a street not being a highway repairable by the inhabitants at large, they can recover the cost of sewering from the frontagers under sect. 150. As to the proviso at the end of sect. 23, the power thereby given of constructing a new sewer at the expense of owners arises only where, in the opinion of the authority, that course would be less expensive than causing the drains of two or more houses to empty into an existing sewer pursuant to this section "-i.e., clearly (as it seems to me) an existing sewer within 100ft. The position, therefore, as I submit, is as follows: A. cannot be compelled to drain into the existing sewer unless and until it is brought to within 100ft. of the houses, nor can he be compelled, under sect. 23, to bear any part of the cost of constructing a new sewer. But, assuming that the street is not a highway repairable by the inhabitants at large, then, under sect. 150, he will be liable, as the owner of premises a butting on the street, for a proportion of the cost of sewering it. J. B. R. C.
(Q 3.) SOLICITOR-COSTS-CASE WANTED. The case required is apparently Gundry v. Sainsbury (102 L. T. Rep. 440; (1910) 1 K. B. 645), where it was held that if there is an agreement between plaintiff and his solicitor that plaintiff shall pay no costs, the successful plaintiff cannot recover costs from defendant. J. W. S.
I think the case referred to by your correspondent is that of Clare v. Joseph, decided in the first instance in the Divisional Court by Justices Darling and Ridley on appeal from the decision of the County Court judge of Southwark (95 L. T. Rep. 197), and subsequently reversed by the Court of Appeal (96 L T. Rep. 770). Your correspondent will also find the decision in the first supplement to the Laws of England, p. 5. W. P. R.
(Q 32) APPORTIONMENT OF INCOME." Subscriber," in LAW TIMES of the 15th April, put the case of a Great Western Railway dividend paid the 27th Feb. 1911 for the half-year ending the 31st Dec. 1910, the tenant for life of the stock having died on the 23rd Dec. 1910. It is clear from the Apportionment Act 1870, s. 5, that apportionment has to be made according to "the period for or in respect of which the payment of the same revenue (i.e., dividend) shall be declared." The life tenant is consequently entitled to the dividend for the half-year to the 23rd Dec., when he died. I have already referred to Strachan's Digest of the Law of Trust Accounts 1911, where at p. 154, under “ Apportionment of Dividends," the whole subject is. as stated in the preface, fully discussed. The observations of "Dissatisfied," in your issue of the 6th inst., are not easy to follow, but if he will refer to p. 159 of Strachan's book, and the case cited by him, he will probably find his query answered. CHAS. JONES, Author of Solicitor's Clerk," &c.
The view expressed in Buckley on Companies, quoted by "Dissatisfied" in the Law TIMES of last week, has reference to pay. ments out of accumulated profits of past years which the editor is considering. That this is so is clear from reading the cases referred to in the footnotes. On the point raised by "Subscriber "" in the LAW TIMES of the 15th April, there is no difference of opinion
between Mr. Buckley and Mr. Chandler. At p 650 of Buckley on Companies, 9th edit., the editor says: "For the purposes of the Apportionment Act a dividend declared after the death must be apportioned as between corpus and the tenant for life," and cites Re Oppenheimer (1907) 1 Ch. 399). By the Apportionment Act, s. 5. dividends" shall be deemed to have accrued by equal daily increment during and within the period for or in respect of which the payment of the same revenue shall be declared or expressed to be made." Mr. Chandler's view is in accordance with Re Oppenheimer and Re Lysaght (1898) 1 Ch. 115). But in the latter the Apportionment Act was heid to have been excluded by the testator under sect. 7 and not to apply. CHARLES S. HOCKIN.
LAW STUDENTS' JOURNAL.
To SECRETARIES.-Reports of meetings should reach the office not later than first post Thursday morning to ensure insertion in the current number.
CALLS TO THE BAR.
THE following were called to the Bar on Wednesday :LINCOLN'S INN.-T. M. Chalmers (certificate of honour C.L.E Easter, 1911), Balliol Coll., Oxford, B.A.; G. Stone (certificate of honour C.L.E. Easter, 1911), sometime scholar and prizeman of Gonville and Caius Coll., Camb, B.A, LL.B.; Sarojbhusan Ghosh (certificate of honour C.L.E, Easter, 1911), Calcutta Univ., B.A., B.L., a Vakil of the High Court; D. Shearme, Trin. Coll, Camb., B.A.; J. C. Mackenzie, Exeter Coll., Oxford: J. F. H. Harper, Oriel Coll., Oxford, Law School honours, B.A.; H. H. W. Lydall, Merton Coll., Oxford, B A.; Aroon Kumar Sinha, Worcester Coll, Oxford; J. F. Wilkes, Trin. Coll, Camb., M.A.; Dhirendra Nath Roy, Wadham Coll., Oxford; Mirza Abdul Karim Tahirkai, Punjab Univ, B.A.; W. E. David. Devis, Worcester Coll., Oxford, M.A.; W. Dhar, Christ's Coll., Camb.; D. D. Robertson; P. G E Gide, Avocat à la Cour d'Appel de Paris; Udharam Bherumal Chandiramani; R. L. Campbell, Edin. Univ.. M.A.; J. A. Hughee, Univ. of Wales, B A.; Pirojsha Nasarvanji Daruvala, London Univ. and Bombay Univ., B.A., LL.B. (a Vakil of the High Court).
INNER TEMPLE.-B. L. A. O'Malley, B.A. Camb.; E. E. S. B. Atherley-Jones, Oxford; W. G. G. Leveson Gower, M.A., Oxford; R. R. Mohan, B.A., Camb.; A M. Lawson Johnston, B.A., Camb.; W. M. Heald. M.A., Camb.; S. M. Bose, B.A., Oxford; B. R. Jackson, LL.B., Camb. ; D. C. R. Stuart, B.A., LL.B., Camb; J. F. Eastwood, B.A., Camb.; D. N. Campbell, B A., Camb.; H. J. Fuller, B.A., Oxford; F. D. Livingstone, B. A., Camb; G. F. Dickinson, M A., Camb.; F. S. Thomson, B.A., Camb; E. W. Brightman, B.A., Camb.; S. Worthington, B.A., Oxford; P. K. Hodgson, B.A., Oxford; J. Forrest, B A., Oxford; V. Williams, B.A., Oxford; G. Grossmann, B.A., Oxford; H. M. Woodhouse, B.A., Oxford; and J. C. Arnold, B.A., LL.B., Camb.
MIDDLE TEMPLE.-J. W. Potter, R. S. Graham, C. Corfield, M.R.C.S., L.R.C.P., Ebrahim Hashim Moosajee, Jaykrishna Hiralal Majmudar, R. H. M. Hands, Mughbain Singh Malik, B.A., LL.B., Downing Coll., Camb.; E. Badin, H. M, Clarke, B.A., Clare Coll., Camb.; Syed Jafer Hogain, G. G. Hancock, C. F. Steyn, R. D. Thompson, M.A.,. Camb.; J. P. Eddy, F. A. E Brouard, Jehangir Sorabji Khergamvala, B A., LL.M., and A. F. Clements.
GRAY'S-INN.-Sheriar Nusserwanji Doongaji, B.A., Fitzwilliam Hall, Camb., B A. Bombay Univ.; J. R. T. Baboneau; Vishvanath Ganpat Dalvi, Foundation Scholar and B.A., St. John's Coll, Camb., B.A., Bombay Univ.; Nai Chitra, Siamese Government Scholar; Mohamed Ismail; Moung Kyaw Htoon; V. St. C. Mackenzie, B. A., Trin. Coll., Dublin, a member of the Irish Bar; S. McG. Grier Resident in the Political Service of Northern Nigeria.
Second Class (in alphabetical order). Frank Shearme Harries, LL.B. London (Mr. T. Baker Jones, of the firm of Messrs. Hornby and Baker Jones, of Newport, Mon).
Howard Archibald Tucker, LL.B. London (Mr. S. W. Page, of Wolverhampton; and Messrs. Finnis and Chessher, of London).
William Weiss (Mr. Albert Osborn, of the firm of Messrs. Osbora and Osborn of London).
Third Class (in alphabetical order).
Edward Bowles (Mr. Alfred Ernest Ferns, of Stockport).
Louis Bernard Briercliffe (Messrs. Hulton, Son, and Harwood, of Bolton; and Mes rs. Burton, Yeates, and Hart, of London).
John Conchar LL.B. London (Mr. R. J. Sugden, of Bradford).
Basil Cozens-Hardy, B A. Oxon. (Mr. Sydney Cozens-Hardy, of Norwich; ard Messrs. Waterhouse and Co.. of London).
David Francis Morgan, LL B. London (Mr. R. C. Mason and Mr. W. R. Wood both of London).
James Thorougood Peet, LL.B. Liverpool (Mr. O. W. Owen, of the firm of Messrs. Lightbound, Owen, and McIver of Liverpool).
William Elmslie Wilkinson (Mr. Thomas Howard Engll and Mr. Albert Charles Crane, buth of London).
The council of the Law Society have awarded the following prize of books: To Mr. Harries, the John Mackrell Prize, value about £9; and have given class certificates to the candidates in the second and third classes.
Forty-six candidates give notice for the examination.
IN commemoration of the Coronation of His Majesty King George V. late Treasurer of the Inn, the Masters of the Bench have adopted a, scheme for the application until further order of a sum not exceeding 400 guineas per annum in promoting the practice among the junior membere of the society of reading in barristers' chambers.
The scheme is intended to come into force in Trinity Term next. Students of the society who shall then have passed their Final Examination and barristers of the society who shall then be under two years' standing at the Bar will be eligible for the benefits provided by the scheme, but it is a condition that they should intend to practise in England.
Mr. WALTER PAYNE GEPP, head of the firm of Messrs. Gepp and Sons, solicitors, died at Chelmsford on Tuesday. aged seventy three. His firm for many years, as acting Under-Sheriffs for Essex, have had charge of executions at Chelmsford Prison and of all Parliamentary elections in the county. Mr. Gepp was educated at Merton College, Oxford, and was admitted in 1867. He was registrar of the Archdeaconries of St. Albans, Colchester, and Essex; clerk to the Committee of Visitors to the Essex County Asylum, steward for Sir Henry Mildmay of the Manors of Chelmsford, Moulsham, and Burnham, and clerk to the Foulness Sewers Commissioners. He was once Mayor of Chelmsford.
Mr. LOUIS DISTON POWLES, Probate Registrar of Norwich, died at Lowestoft on the 6th inst., aged sixty-eight. Mr. Powles was the youngest son of John Diston Powles, an early friend of Lord Beaconsfield. He was educated at Harrow and Pembroke College, Oxford, and was called by the Inner Temple in 1866. When at the Bar he wrote or edited books on probate and divorce. He was also at one time proprietor of a weekly journal of light literature and gossip. In 1886 he was appointed stipendiary and circuit justice in the Bahamas, but shortly after arriving in the West Indies he tried a case which excited much public interest, and in taking part in the discussion out of court he made some most unfortunate observations which led to his resignation. Returning to England, he practised at the Bar, reported, and acted as revising barrister, ultimately accepting the District Probateship of Norwich. Mr. Powles married in 1868 Catherine, second daughter of Admital Sir Henry Prescott, G.C.B., who was allied by marriage to the family of the Ducs de Bouillon, Princes of Bourbon.
Professional Partnerships Dissolver.
GAZETTE, MAY 5.
CLAYTON, HENRY THOMAS SEYMOUR, and WILSON, CHARLES, solicitors, Ashton-under-Lyne and Manchester, under style of John Clayton, Son, and Wilson. March 1. Debts by H. T. S. Clayton, who will continue at the old addresses under style of John Clayton and Son. C. Wilson will practise under his own name at Ashton-under-Lyne. HODDING, MATTHIAS THOMAS; JONES, CHARLES PHILIP; and CLARK, ALBERT, solicitors, St. Albans. Dec. 31, 1910. Debts by M. T. Hodding and A. Clark, who will continue the business under the style of Hodding and Clark. MOXON, JOHN, and LEAN, FREDERICK J., solicitors, Cardiff. April 30.
THE BANKRUPTCY ACTS 1883 AND 1890,
GAZETTE, MAY 5.
To surrender at the High Court of Justice, in Bankruptcy. ADAMS, HENRY, Langton-rd, North Brixton, oilman. May 1. BAYLY, WILLIAM E., Cranley-pl, South Kensington. May 2. CASEMORE, JAMES (trading as Casemore and Sons), Victoria-rd, Kilburn, builder. May 3.
DALBY. JOHN, Hampton-rd, Leytonstone, clerk. May 3.
HART, JOHN, Shaftesbury-rd, Hammersmith, accounts clerk. May 1. KASSINGER, JOHN HERMAN, late Saint Leonards-st, Bromley-by-Bow, baker. May 3.
LEVY, JOSEPH (trading as J. G. Pollett and Co.), late Minories, hosier.
ROWSON, CECIL, Tooley-st, produce agent. May 1.
WALKER, HARRY, late Park-pl, St. James', Westminster. May 1.
To surrender at their respective District Courts.
ALTON, REGINALD ALTON TIJOU, late Llandaff, captain in the Royal Field
BAILEY, WALTER JOHN, Coventry, toolmaker. Ct. Coventry. May 2.
DUNFORD, HARRY, Mirfield, saddler. Ct. Dewsbury, May 3.
FRIEND, FRANCIS LAUNCELOT TEMPLE, Reading, gentleman. Ct. Reading.
GRIFFIN, CLIFTON BENBOW, Rochester, cement engineer. Ct. Rochester. May 2.
GORDON, ELLIS, Kingston-upon-Hull, cabinet maker. Ct. Kingston-uponHull. May 3.
GEE, JAMES EDWIN, Wood Green, inventor. Ct. Edmonton. May 1. HOPKINS, WILLIAM, late Aberkenfig, mason. Ct. Pontypridd, Ystrady. fodwg, and Porth. May 3.
HEDGES, FREDERICK (trading as Allen Evans), North Finchley, builder. Ct. Barnet. May 2.
KEELING, ARTHUR, Sutton-in-Ashfield, builder. Ct. Nottingham. May 1.
PHILLIPS, THOMAS GWILYM, Llanelly, builder. Ct. Carmarthen. May 1.
SHEPHARD, FREDERICK CHARLES, Great Grimsby, glass merchant.
SELFE, TOM EAGLES, Highworth, seedsman. Ct. Swindon. May 3.
WOODS, ERNEST SAMUEL, Gorleston, builder. Ct. Great Yarmouth.
GAZETTE, MAY 9.
To surrender at the High Court of Justice, in Bankruptcy. DOPSON, CHARLES W., late Tanner-st, Bermondsey, manufacturer of Cacmentium. May 5.
GILLMAN, BENNETT MARK (trading as Frank Gillman and Co.), Hoxton-st, kite manufacturer. May 5.
A. MILLER AND SONS, Mile End-rd. May 4.
ROBERTS, EVAN, Queensdale-rd, Notting Hill, dairyman. May 4. SARTORIS, LIONEL, Rutland-gate, director of limited company. May 4.
To surrender at their respective District Courts. ASTON, EDWARD, West Bromwich, grocer. Ct. West Bromwich. May 4. APPLEBY, THOMAS PERCY, late Cardiff, brickworks manager. Ct. Newport, Mon. May 2.
BURBIDGE, PERCY FRANK, late Paignton, proprietor of skating rink. Ct. Plymouth and East Stonehouse. May 6.
CHANTREY, ALFRED, and CHANTREY, WILLIAM HENRY (trading as Chantrey Brothers), Buxton, gentlemen's outfitters. Ct. Stockport. May 6. HAWKRIDGE, A., Tockwith, widow. Ct. York. May 5.
HICKMOTT, EDWIN, Sevenoaks, draper. Ct. Tunbridge Wells. May 3. HARTLEY, WRIGHT, Bradford, commercial traveller. Ct. Bradford. May 5.
JCNES, RICHARD, Moelfre, grocer. Ct. Bangor. May 6.
JACKSON, FRANK SAGAR (late trading as F. S. Jackson and Co., and as
CHARLES, Great Coates, farmer. Ct. Great Grimsby. LUPTON, JAMES, Wrexham, undertaker. Ct. Wrexham and Llangollen. May 3.
LOVE, THOMAS WRIGHT, Mansfield, fruiterer. Ct. Nottingham. May 4. POWELL, CHARLES THOMAS, Aberbargoed, fruiterer. Ct. Tredegar. May 4.