« EelmineJätka »
than any question of the extension of jurisdiction, and, although more than two years have elapsed since the Select Committee issued their report, no step whatever has been taken by our law reformers in either House of Parliament for the purpose of dealing with the defects in this branch of our law which are admitted on all hands to exist. As our readers are aware, our opposition to any further extension of the County Court jurisdiction is not based upon any objection to extension as such, but merely because, if granted and availed of to any extent, the smaller class of litigant, for whom these courts were and are primarily intended, would undoubtedly suffer. If proper provision were made for dealing with the lesser class of disputes, and this could only be done by considerably extending the present number of judges or by relieving the existing Bench of some of their present duties, we agree that, apart from small questions of detail, the main principle of our opposition would disappear. For years past it has been the practice to increase steadily the duties of the County Court judges, while no relief has been afforded them save by the appointment of the extra judge for the metropolis. The proposal put forward in Lord LOREBURN's Bill for centralising the heavy work only deals with one aspect of the difficulty, and no measure can be considered satisfactory that does not deal with the whole of the matters which require attention with regard to the County Courts, and the administration of the Debtors Act is not the least of these.
THE PARLIAMENTARY RECORD.
THE exigencies of legislation have, as we all know, precluded Parlia ment from reverting to the excellent custom of rising from its labours before the Long Vacation and, by freeing the Government from the stress of an autumn session, enabling responsible legislators to devote more time to the preparation of Bills for the following year. It is unnecessary here to dwell on the reasons which led to the abandonment of the hope that the session could come to an early termination, for they must be in the recollection of all readers. The Speech from the Throne on the opening of Parliament on the 31st Jan., after the usual references to Imperial and foreign affairs, adumbrated only a few measures of domestic concern. They were, however, weighty and controversial in the highest degree. They included "Proposals for settling the relations between the two Houses of Parliament, with the object of securing the more effective working of the Constitution," an extension of old age pensions to persons diequalified by the receipt of poor relief, and, finally, a measure for insurance against invalidity and unemployment. A general clause followed vaguely indicating "other measures of importance" to be introduced and proceeded with as time and opportunity allow. Such was the programme. The Parliament Act fufils the first definite proposal, the Old Age Pensions Act represents the second, while one of the chief causes for the autumn session was the delay in reaching some concordat in regard to the third. Our review will in due course touch on all these measures, and will indicate, while following the order of chapters, the other measures upon which Parliamentary time has been expended,
Cap. 1 calls for no elaborate comment. The Consolidated Fund (No. 1) Act applies sums for the service of the year. As usual, it afforded an opportunity for general discussion, including the Welsh colliery disturbances and the use of London police at their suppression. The wide discontent over the famous Holmes circular entailed further some embittered debate on the policy of the Education Department. As a result, the circular was recalled.
Cap. 2 is the Revenue Act, a measure important in itself and leading to lengthy controversy. The purport of Part 1 is to strengthen in some striking ways the law relating to duties on land values. Contracts made between transferors and transferees or between lessors and lessees for the payment by the transferee or lessee of increment value duty or expenses connected therewith, or for the repayment or reimbursement to the transferor or lessor in respect of such expenses, are made void. The Finance Act 1910, s. 2 (3), is made to apply to the case of any transfer on sale of the fee simple of the land, or any interest in the land, which took place twenty years or more before the 30th April 1909, the same being a transfer to the person who is the owner of the land or any interest in it at the time when an application is made, as it applies to the case of a transfer on sale which took place within twenty years before the 30th April 1909. A paragraph in sect. 2 deals with the case where the original site value has been finally settled before this Act. An application may be made within three months of its passing, and the commissioners can alter the value so as to give effect to the amendments made. Sect. 3 contains a long and rather involved set of provisions at once explaining and amending the law relating to reversion duty. It is impossible, by any means short of reproducing almost the whole page of statutory matter containing it, to summarise fairly its purport. It explains
who is to be deemed the "lessor" for the purpose of sect. 15 [of the Finance Act 1910; it also deals with the case of the lessor's and lessee's interests vesting in the same person, and also it sets out the requirements under which no reversion duty is charged on the determination of a lease by reason of the lessee acquiring the lessor's interest. Sect. 4 substitutes twenty years for the period of ten years as the limit of time for taking expenditure into account under sect. 16 (2)(b) of the Finance Act 1910. Sect. 26 (1) of that Act is amended, and the commissioners can, on the request of the owner, value together pieces of contiguous land not exceeding in the aggregate 100 acres, although they may be in separate occupations, on being satisfied that it is equitable so to do. Part 2 proceeds by another lengthy and involved section to explain the annual value of premises for the purpose of excise licences. Sect. 10 excepts from the effect of the Game Act 1831 (whereby it is an offence to have possession of game birds after specified dates) the possession of live game where the possession is for breeding purposes or for sale alive and the possessor is licensed to deal in game or to kill game. Part 3 deals with income tax. Where & husband makes a return for super-tax purposes and part of his income is that of his wife, the commissioners can call upon the wife to make a return. Sect. 12 confers some benefit on widows in receipt of a pension chargeable with tax and granted in consideration of the husband's employment. Such a person can claim the benefit of the indulgence afforded to persons resident abroad, who can claim relief, exemption, or abatement from income tax under certain circumstances. Sect. 13 states who is to be deemed the person owning the securities when the securities of a foreign State or British possession are held under a trust. When the beneficiary in possession is the sole beneficiary and can call on the trustees to transfer them to him absolutely free from any trust, then he is to be deemed the owner for the purpose of sect. 71 (2) of the Finance Act 1910, whereby exemption is afforded from income tax under certain circumstances in the case of interests and dividends on the securities of such description. Part 4 is brief, and deals with stamps. Where the consideration, in whole or part, for a lease consists of money (other than rent) not exceeding £500, and the document certifies that the transaction is not a part of a larger transaction, or of a series of transactions in which the aggregate value of the consideration other than rent exceeds £500, sect. 75 of the principal Act is not to apply to the duty chargeable in respect of the consideration. Part 5, dealing with local taxation, is not such as calls for lengthy comment. It regularises the new arrangements under which local bodies are receiving such large sums out of motor licences.
The Army (Annual) Act forms cap. 3, and it led to a very interesting discussion upon the registration of horses with the object of obtaining a complete census. Considerable objection was raised to the police being left the registering authority. Another debate arose on the prices schedules as to billeting, and a promise was made that these should eventually be revised. The section relating to registration now allows registration in England and Scotland to be carried on either by the police or by the county association established under the Territorial and Reserve Forces Act 1907, and in Ireland, it is to be left in the hands of the police. Proper officers are entitled to enter any premises and to inspect carriages and animals, and a penalty is provided for obstruction.
The Aerial Navigation Act (cap. 4) is obviously a temporary measure to afford protection to the general public. Directly it was introduced, the Home Office discovered that it would be essential to modify many of its most stringent provisions. As eventually passed into law after some debate, the Act empowers a Secretary of State, in order to protect the public, by order to prohibit air-craft navigation over prescribed areas. It will be a defence to proceedings based on the contravention of this order to prove that the navigator was compelled by stress of weather or other circumstances over which he had no control. The order can apply to all or certain classes of air craft. Offences under this Act may result on conviction on indictment or on summary conviction in six months' imprisonment and (or) £200 fine. There is an appeal from a summary conviction to quarter sessions. It is patent enough that since this Act was passed the necessity for a much more general Act regulating air navigation is essential, so that alike in their international and domestic relations the complex problems now presented may be reduced to some solution.
Cap. 5 is another non controversial Act-viz, the Consolidated Fund (No. 2) Act. Its introduction, however, produced debate ranging from the need of watching the coasts in time of fog ih the interests of the mercantile marine to the question of the relationship of Japan and Korea, including also a discussion on the superannuation of Scottish teachers. There was a more obvious link of thought in the debate on the Government's financial policy in connection with the fall in the value of securities.
(To be continued),
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MISCELLANEOUS PRECEDENTS (continued).
Will Postponing Vesting till the Age of Thirty (continued). 26. And in case of the failure or determination of all the trusts herein before declared and contained as to the whole or any part of the residuary trust fund or the income thereof or the accumulations of the income my trustees shall hold the residuary trust fund and the income thereof and all accumulations thereof or so much thereof respectively as to which the trust shall so fail or determine and subject to any statutory provisions which may be applicable in trust for E. F. or if the said E. F. shall die in my lifetime then in trust for G. H. or if the said G. H. shall die in my lifetime leaving issue living at my death who being male attain the age of twenty-one years or being female attain that age or marry in trust for such issue in equal shares but so that no issue remoter than a child of the said G. H. shall take except in the case of the death in my lifetime of his her or their parent and in the place of such parent but if the said G. H. shall die in my lifetime without leaving any issue living at my death who shall attain a vested interest under the trust lastly herein. before contained then in trust for the daughters of I. J. who shall be living at my death in equal shares for their respective separate use free from marital control. PROVIDED ALWAYS that if any daughter of the said I. J. shall have died in my lifetime (whether before or after the date of this my will) leaving issue living at my death such issue being male and attaining the age of twenty-one years or being female and attaining that age or marrying shall take by substitution if more than one as tenants in common in equal shares the share in the residuary trust premises and income and accumulations which such deceased daughter of the said I. J. would have taken under the trust in that behalf herein before declared had he or she survived me and attained a vested interest but so that no issue remoter than a child of such deceased daughter shall take except in the case of the death in my lifetime of his her or their parent and in the place of such parent.
27. I hereby declare that if any of the first specifically devised hereditaments or of the secondly specifically devised hereditaments shall be sold during my lifetime the net proceeds of such sale and the investments and property for the time being representing the same shall be held by my trustees upon and subject to the like trusts powers and provisions (so far as applicable) as the hereditaments so sold and the rents and profits thereof would have been subject to under this my will if the same had not been so sold to the intent that so far as possible there shall be no ademption of the specific devises herein before contained.
28. PROVIDED ALWAYS and I hereby declare that it shall be lawful for my trustees at any time and from time to time during the continuance of any of the trusts of this my will to join in any transfer of any mortgage or other incumbrance upon all or any part of my freehold property whether herein before specifically devised or bequeathed or not or to consolidate any such mortgages or to give further security for or to pay off all or any of the money secured by any such mortgage and for the purpose aforesaid to adjust and settle any account with any mortgagee or incumbrancer and generally to deal with such mortgages and incumbrances as absolute owners of the mortgaged property and if my trustees shall think fit to raise any further sum or sums to discharge any such mortgage or incumbrance and the interest thereon or any part thereof respectively together with the cost of procuring or raising the same either by mortgage or other disposition of all or any part of the said freehold hereditaments or of my residuary estate and to apply the moneys to be raised in discharge of any such mortgage or incumbrance accordingly and that it shall be lawful for my trustees for all or any of the purposes aforesaid to execute and do all such mortgages assurances and things as my trustees ehall think fit.
29. [Powers of sale and leasing the first specifically devised heredilaments and the secondly specifically devised hereditaments by the trustees until they become absolutely vested by reference to the Settled Land Acts.] 30. [Power to trustees to partition.]
31. [Power to trustees lo devise in specie &c.]
32. I declare that money liable to be invested under this my will may be invested in &c. with liberty to vary and transfer the said investments.
33. [Power to trustees to employ agents and for solicitor trustee to charge.]
34. Lastly inasmuch as I wish my trustees to have the widest possible powers of selling leasing managing and otherwise dealing with my estate for the benefit thereof and of the persons for the time being beneficially interested therein I hereby declare that if at any time any doubt or question shall arise as to whether any of the powers of sale leasing management or otherwise herein before contained are exercisable by my trustees in the circumstances which shall have arisen the most liberal interpretation shall be placed upon the said powers and subject and without prejudice to such powers I declare that my trustees shall have such further powers of sale leasing management or otherwise as could lawfully have been inserted in this my will to meet the case if the circumstances which shall have arisen had been present to the mind of myself and my legal advisers at the time when this will was made. IN WITNESS &c. Signed &c
Mr. Justice Lush will sit for the last time as Vacation judge in chambers on Tuesday next at eleven o'clock, and on the following day in court to dispose of motions, applications, and other Vacation work. The judge's duties as Vacation judge will not, however, terminate until the following Wednesday, the lĭth prox.
Mr. Justice Channell has fixed the following commission days for holding the autumn assizes on the North Wales Circuit-viz.: Carnarvon, Thursday, Oct. 12; Ruthin, Monday, Oct. 16; and Chester, Thursday, Oct. 19.
During the whole of the Michaelmas Sittings the following judges of the King's Bench Division will remain in town-viz.: Mr. Justice Grantham, Mr. Justice Darling, Mr. Justice Bucknill, Mr. Justice Bray, Mr. Justice Coleridge, Mr. Justice Hamilton, Mr. Justice Scrutton, and Mr. Justice Bankes.
On the occasion of the reopening of the courts on Thursday, the 12th prox., a special service will be held at Westminster Abbey as 11.45, which the Lord Chancellor and His Majesty's judges will attend. In order to ascertain what space will be required, members of the Junior Bar wishing to be present are requested to send their names to the secretary of the Bar Council, 2, Hare-court, Temple, before 4 p.m. cn Wednesday, the 11th prox. Barristers attending the service must wear robes, and should be at the Jerusalem Chamber, Westminster Abbey (Dean's Yard), where robing accommodation will be provided, not later than 11.30.
The October Session at the Central Criminal Court will commence on Tuesday, the 10th prox., at 10.30.
The Temple Church reopens for Divine service to-morrow at eleven o'clock.
The chapel of Gray's-inn will be reopened for Divine service to-morrow at eleven o'clock.
The west gate to the Temple, which has been closed since the 1st Aug. last, will reopen for the convenience of the Profession on Monday next.
The annual dinner of the Central Criminal Court Bar Mess will take place at the Grand Hotel, Charing Cross, on Tuesday, the 31st prox, at 7.30. The dinner will be presided over by Mr. J. A. Symmons.
The will of the Right Hon. Lord James of Hereford has been proved in the Principal Registry, the net estate being sworn at £129,296.
Mr. Frederick Henry Honey, solicitor, who died in August last at Seaford, Sussex, left an estate of the gross value of £5415. Mr. Honey was admitted in Hilary Term 1874.
Mr. Solomon Myers, solicitor, of 25, Wormwood-street, E.C., who died at 14, Clapton Common, on the 5th inst., left an estate of the gross value of £8722. Mr. Myers was admitted in June 1889.
Mr. Edward Dicey, of Gray's-inn-square, W.C., barrister-at-law and journalist, for some time editor of the Daily News, and afterwards editor of the Observer, who died on the 7th July, aged seventy-eight, left estate valued at £780 gross, with net personalty £523.
Mr. Henry Arthur Hudson, of Filey-road, Scarborough, registrar of the York District Court of Probate, and joint legal secretary to the Archbishop of York, who died on the 14th Aug., left estate of the gross value of £27,857, of which the net personalty has been sworn at £17,670.
Alderman Henry Goody, of Glen Mervyn, Lexden-road, Colchester, of the firm of Goody, Sons, and Weatherall, solicitors, for twentyeight years registrar of the Colchester County Court, who died on the 1st Aug., aged seventy-five, left estate of the gross value of £99,246, of which the net personalty has been sworn at £83,171.
Mr. William Baillie Skene, of Hallyards Fife, of Pitlour House, Strathmiglo, and of Broad-street, Oxford, barrister-at-law, who died on the 10th June, aged seventy-two, left, in addition to real estate of an estimated capital value of about £110,000, personal estate in the United Kingdom valued at £9010.
An intermediate session for cases arising in the county of Middlesex was opened on Saturday last at the Caxton Hall, Westminster, before Mr. Montagu Sharpe (chairman), Mr. Herbert Nield (deputy chairman). and other justices. The calendar contains the names of fifty-one persons charged with offences.
The different courses adopted by members of Parliament who have received undesired cheques for their legislative services have afforded some interesting reading, and they suggest in certain cases some little confusion of thought. We may assume the good intentions of those who indorse their drafts over to the treasurers of hospitals or the town clerks with a covering letter not unsuitable for newspaper publication. It is, however, open to objection that the exercise of a discretion as to the use to be made of money received does not get over the circumstance that the money has been accepted and used, however meritorious and effective might be the user adopted. The very plain and businesslike plan open to those members who do not desire to be paid is to return the cheque to the Treasury, with a simple request that no future remittances be sent. So far as we know, only two members have followed this course. Assuming the validity of the argument that the vote purporting to authorise these payments was unconstitutional, it would seem to further support the contention that the money belongs to the country at large, and should not be diverted to vicarious charity or aids to rates,
At the Palais de Justice in Paris, n the Salle des Pas Ferjus, a white marble slab has been placed opposite the statue of Berryer bearing the following inscription: "The Order of Advocates of the Court of Appeal of Paris celebrated in this chamber on the 11th Dec. 1910 the centenary of the re-establishment of the Bar in France, under the presidency of Monsieur Armand Fallières, President of the French Republic; M. Theodore Giraud, Garde des Sceaux; M. Forichon, Premier President; M. Fabre, Procurator-General; M. Busson-Billault, Balonnier.
When the jury list was called on Wednesday, last week, in the City of London Court, Mr. D. Burnett, New London-street, claimed exemption on the ground of being a member of the National Reserve. The clerk of the court explained that the schedule of the Juries Act 1870 exempted "officers of the navy, army, militia, and yeomanry, while on full pay.' Mr. Burnett added that it was held out by Lord Haldane as a promise at a public function that they should be exempt from service on juries and yet he had been summoned. Judge Rentoul, K.C., said if it was inconvenient to the juror to serve he would excuse him. Mr. Burnett said it would be. Judge Rentoul said in that event the juror need not wait, and he left the court.
The disaster to the new British airship emphasises to what extent man can claim to have achieved the so-called conquest of the air. Striking incidents for a time seem to encourage the idea that atmospheric conditions can be regarded with less concern, and then some such failures as have dogged the efforts of British and foreign experimental airships illustrate the fact that in times of war the use of such oraft might very easily be rendered impossible at certain seasons by weather conditions for a period long enough to cover the whole of some desperate crisis deciding finally where the ultimate victory is to rest. It is quite possible to concede this and yet to argue that the Legislature must at no distant time seriously consider the problems of law which arise out of air craft of all sorts. To those who live near Brooklands or Hendon the constant passage of air craft is introducing new perile, and questions of trespass will arise under which the parties to a dispute may not get the just.ce to which they are entitled. Any such disputes may lead to defences turning on identity, and it is quite difficult to see how to provide adequately for identity. ing a craft capable of getting beyond inspection by such easy and rapid means. Some definite rule of the road will also bave to be arranged to ensure safety. Legislation should not be left until some tragic event causes its necessity to be recognised by all.
In the City of London Court, on the 20th inst., a case of importance to all employers and commercial travellers was disposed of before Judge Rentoul, K.C., and a jury. Mr. George E. Moor, commercial traveller, 10, Spencer-street, Canonbury, sued E. Brown and Co. Limited, 10, Well street, Jewin-street, for £36, being salary in lieu of notice. Mr. H. W. Wickham appeared for the plaintiff, and Mr. Storry Deans for the defendants. Plaintiff's case was that he had been a commercial traveller for forty years, and that he was employed by the defendants to go round the country and to Wales as a traveller at £3 a week and expensee. He worked for them for six weeks and went to Southampton, Bournemouth, &c., and was then summarily dismissed. He contended that where a traveller was engaged at a salary and expenses it was the universal custom of the commercial world that he should have three months' notice or salary instead. That had always been the rule. He admitted that the business which he did was not very good, but six weeks was not long enough trial. Defendants said that the plaintiff was dismissed on a week's notice because his business done was very poor. There was no custom amongst commercial travellers that they should have three months' notice where a man was engaged at a weekly salary and expenses. It the traveller was a yearly servant or paid a commission he might have three months' notice. Otherwise travellers were weekly servants, when paid weekly. Any custom to be binding must be universal. The jury found that there was no custom as plaintiff alleged, and judgment was given for the defendants with costs.
The Journal Officiel of Paris recently published a decree reorganising the police mobile, which has for its exolusive mission the investigation and repression of crimes de droit commun, and has given a good account of itself. But for some reason the police mobile never to have had a place in Corsica. Bee.ns How much it is wanted in that island can be seen from a terrible catalogue of the crimes perpetrated during the month of August which the Bastia Journal publishes. The Bastia Journal, one of the most widely circulated of Corsican papers, says: "For the past month in our unhappy country each day has brought forth its own crime. It is an instructive red series which we have enregistered during some weeks, and one can only imagine what will happen to our beloved Corsica unless these odious and sanguinary instincts are checked." The crimes to which the journal makes allusion are the following: 1st Aug., murder at Casamozza of a man named Graziani by his brother-in-law-assassin in flight; 2nd Aug., parricide at Vico, the widow Danielli, by her son and son-in-law-both arrested; 5th Aug., attempt to murder the gardener of the Château Baciocchi at Ajaccio-authors unknown; 9th Aug.. murder at Monte of the widow Micaelli and her brother-in-law by one Mattei assassin in flight; 10th Aug., murder at Venzolasca of one named Marsei-author unknown; 10th Aug., murder at Zalana of the brigadier of gendarmerie, Chabanon-author known; 23rd Aug, murder at Calvi of the postmaster Carboniauthor unknown; 27th Aug., murder at Bastia of one Amarellaauthor in flight; Aug, murder at Brustico of one Antoine Arrighi-author unknown; Aug., attempt to murder a co'porteur
by Ortolli and Donmarti-both in flight. Our contemporary adds: "There is no doubt that this is by no means a complete list of the crimes that have taken place. Towns are terrorised, and information is difficult to obtain."
Sir G. R. Askwith in the Twenty-third Annual Report on Strikes and Lock-outs and on Conciliation and Arbitration Boards in the United Kingdom for 1910 says: "The year 1910 was marked by considerable industrial disturbance; the number of work people (515,165) involved in disputes commencing during the year was the highest eince 1893, while the aggregate duration (9,894,831 working days) of all the disputes in progress during the year has been exceeded on only four occasions during the last eighteen years. The high figures for 1910 were caused by great disputes in the coal trade of Northumberland, Durham, and South Wales in the shipbuilding industry in the north of England and in Scotland, and in the cotton-spinning industry of Lancashire and Cheshire. These five disputes alone affected 265,100 workpeople at the establishments concerned, and caused a loss in working time of over 6 million working days. The effect on other industries cannot he statistically measured, but must have been very considerable. Of all the work people directly affected by disputes in 1910, 30 per cent. were involved in disputes as to the employment of particular classes of persons, and 24 per cent. in disputes as to hours of labour-both of these percentages being exceptionally high. Questions of wages, which are usually the most frequent causes of disputes, involved only 20 per cent. of the workpeople directly affected by disputes in 1910. Compromises were arranged for abont two-thirds of the total number of work people directly affected in all disputes. A few disputes still remain unsettled, and in the remainder about half the work people were successful and half unsuccessful. It is satisfactory to note that, as in other recent years, methods of conciliation and arbitration were extensively used in 1910 in the settlement and prevention of labour disputes. The number of work people directly involved in disputes settled by such means in 1910 was the highest recorded in the decennial period for which statistics are presented in the report, while the number of cases annually settled by permanent boards of conciliation, which in the previous year had risen to a high figure, showed a further increase in 1910."
Sugar Beet. By "Home Counties.' Horace Cox, "Field " Office, Bream's-buildings, E.C. Price 68. net.
Bluff's Guide to the Bar. Methuen and Co. Limited, 36, Essexstreet, W.C. Price 2s. 6d. net.
Spencer on the__Agricultural Holdings Act 1908. Fifth Edition. Stevens and Sons Limited, 119 and 120, Chancery-lane.
CRIMINAL LAW AND THE JURISDICTION OF MAGISTRATES.
BOROUGH QUARTER SESSIONS.
Abingdon, Thursday, Oct. 19
Bridgnorth, Wednesday, Oct. 18
Bristol, Wednesday, Oct. 25, at 10.30
Dudley, Friday, Oct. 6, at 10.30
Great Yarmouth, Monday, Oct. 9, at 10.30
Hythe, Saturday, Oct. 28
Kingston-upon-Hull. Tuesday, Oct. 31
Liverpool, Tuesday, Oct. 3
Merthyr Tydfill, Wednesday, Oct. 18
Nottingham, Tuesday, Oct. 10, at 10.30 Plymouth, Saturday, Oct. 28
Portsmouth, Thursday, Oct. 5
Reading, Friday, Oct 6, at 10.30 Rochester, Monday, Oct. 9, at 10.15 Rotherham, Tuesday, Oct. 10, at 10.30 Salisbury, Friday, Oct. 6, at 11 Sandwich. Friday, Oct. 6, at 12.30 Scarborough, Friday, Oct. 13
Sheffield, Monday, Oct. 2
Shrewsbury, Friday, Oct. 13
Southampton. Monday, Oct. 9, at 10.45
Sunderland, Wednesday, Oct. 11
Thetford, Friday, Oct. 28
Warwick, Thursday, Oct. 12
Wolverhampton, Friday, Oct. 6, at 10
WHERE TO FIND YOUR LAW.-Being a Discursive Bibliographical Essay upon the various Divisions and Sub-Divisions of the Law of England, and the Statutes, Reports of Cases, and Text Books containing such Law, with Appendixes for Facilitating Reference to all Statutes and Reports of Cases, and with a Full Index. By ERNEST ARTHUR JELF, M.A., of New College, Oxford, Barrister-at-Law of the Honourable Society of the Inner Temple, and of the SouthEastern Circuit. Third Edition, greatly Enlarged, price 10s. 6d., post free.-HORACE COX, "Law Times" Office, Windsor House, Bream's-buildings, E.C.—[ADVT.]
Friday (J.S at 11.30),
Bromley, Tuesday, at 9.3)
Burslem, Thursday, at 9.30
Bury, Monday, at 9
Caistor, Saturday, at 10
Chesham, Tuesday, at 10
Chesterfield, Friday, at 9.30
Wednesday, Thursday, and Friday
Corwen, Friday, at 10
Dartford, Wednesday, at 9.30
Derby, Tuesday (R. By), at 11
Devizes, Monday, at 10
Dewsbury, Tuesday (R By) and Thursday
Dolgelley, Saturday, ai 10
Doncaster, Wednesday and Thursday, at 10
Durham, Tuesday (R. By) Eastbourne, Thursday at 10 Frome, Tuesday (By at 11), at 11 Gateshead, Tuesday and Wednesday, at 10
Gravesend, Monday, at 9.30
Grays Thurrock, Wednesday, at 11
Halifax, Tuesday, at 9.30
Henley-on-Thames, Wednesday, at
Manchester, Monday, Wednesday,
Neath, Wednesday and Thursday Newcastle-on-Tyne, Monday (J.S. & A.O.) and Thursday (R. By), at 10
North Shields, Thursday and Fri-
Ormskirk, Tuesday, at 10
Portmadoc, Wednesday, at 10
St. Neots, Wednesday, at 11
Sevenoaks, Thursday, at 10 Sheffield, Wednesday, Thursday (By at 2), and Friday, at 10 Shipston-on-Stour, Thursday, at 10 Shoreditch, Tuesday and Thursday Shrewsbury, Monday and Friday, at 10
Southampton, Tuesday, at 10
Wallingford, Thursday. at 10
Wellington (Somerset), Monday, at
Weston-super-Mare, Monday, at 10
Woolwich. Wednesday, at 10.30
*Other sittings are specially fixed if necessary.
THE LAW AND LAWYERS OF BALZAC.
(From the Green Bag.)
A VERY readable paper on "The Law and Lawyers of Honoré de Balzao" was read before the Pennsylvania Bar Association last June by Hon. John Marshall Gest, of Philadelphia, judge of the Orphans' Court. Interesting not only as an entertaining legal essay, but as a piece of discerning literary criticism, this paper will give pleasure to all admirers of one of the greatest figures in the literature of France. Judge Gest's command of literature and of literary expression have won considerably more than local recognition, and even his technical treatise on "Drawing Wills and Settlemert of Estates in Pennsylvania" is enlivened, as our reviewer pointed out (22 Green Bag, 357), with intermittent flashes of brilliant wit and radiant humour. Among the best of the papers which he has read before the Pennsylvania Bar Association have been "The Law and Lawyers of Dickens," "The Law and Lawyers of Scott," and "The Law and Lawyers of Pickwick."
Of Balzac he says:
"He must be read and judged in the mass. No single book can be selected which would give the reader a fair idea of bis genius. He must study and compare very many or all of Balzac's works, and thus derive a composite impression. As Champfleury said: There are two ways to criticise Balzac. First, read and sit down and write
an article. Second, shut yourself up for six months and study every detail.' Balzac may be justly compared with Dickens for humour, but Dickens was broader in caricature; with Thackeray for satire. but Thackeray was keener; with Meredith for analysis, but Meredith W88 more subtle; with Poe for imagination, but Poe was more fantastic; with Swift for cynicism, but Swift was more caustic; with De Foe for realistic narrative, but De Foe surpassed him in verisimilitude; with Scott for vivid description of nature and of men, but Scott was his master as well as his model. Yet Balzac combined in a manner altogether wonderful all these varied powere, in such a way that his baptism of the children of his brain as the Human Comedy was justified. Everything is there.
"Balzac was born on the 20th May 1799. He died the 18th Aug. 1850. Some authorities say it was the 17th Aug., but all agree that he is dead. At this time it makes very little difference to Balzac, and still less to us, which is correct. In his youth the great Revolution was recent history, and he saw disorganised society as it was rearranged by the First Consul and the Emperor. A he matured he witnessed the reactionary monarchies of Louis XVIII., Charles X., and Louis Philippe. His father was a lawyer, and obedient to the paternal wishes he studied law, first for eighteen months with M. de Guillonet-Merville, an ardent Royalist, and for an equal period with a notary named Passez. Though duly qualified he never practised either as lawyer or notary. The dry details of the profession were revolting to him. You cannot harness Pegasus to a plough. He said to his sister, I should become like the horse of a treadmill which does his thirty or forty rounds an hour, eats, drinks, and sleeps by rule, and they call that living.' But his time was not wasted, for it is doubtful if any writer, not even excepting Scott, found his legal knowledge more useful.
"His accurate perception and marvellous memory enabled him to reproduce in imperishable words the men whom he had met and the code which he had studied. I have counted the number of characters in Cerfberr and Christophe's Compendium of the Human Comedy who are connected with the law. There are twenty-nine judges and magistrates, twenty-three barristers, fourteen attorneys, twenty-four notaries, and twenty-eight office clerks, in all 118. Not all prominent to be sure, some have only a passing mention, but many of them carry on the main action of the story. There are altogether some 1540 men in the Human Comedy, so that approximately 8 per cent. of his male characters have something to do with the law. His books are crammed with legal terms and references. The Code was at his finger ends; and as modesty can hardly be called the besetting sin of us common lawyers, it will do us no harm to read these novels as a study in comparative law as well as comparative morals.
"Balzac, in his general views of law and lawyers, more nearly resembled Scott than Dickens. Like Scott he was a well-read lawyer, and was impartial in his treatment of the Profession. He could separate the evil from the good, and could contrast the upright and learned judge and lawyer with the trickster and the incompetent. Dickens, on the other hand, could see no good in either the science of the law or in the men who practised it. He scarcely mentioned law except in terms of contempt, and nearly all his lawyers are caricatures. With Balzac, I say, it was different, though, to be sure, bis standard-perhaps it was the French standard-of professional ethics is not quite the same as our own.
Balzac's pictures of lawyers and their offices abound in his novels, all characterised by his minute attention to detail. In Cousin Pons he thus described the shyster Fraisier and his offices: The room was a complete picture of a third-rate solicitor's office, with the stained wooden cases, the letter files so old that they had grown beards, the red tape dangling limp and dejected, the pasteboard boxes covered with the gambols of mice, the dirty floor, the ceiling yellow with smoke.' There is a similar uninviting description of Claparon's business office in César Birotteau. Fraisier was small, thin, and unwholesome looking; his red face, covered with an eruption, told of tainted blood. A wig pushed back on his head displayed a brickcoloured cranium of ominous conformation. One might have thought there was pestilence in the air.'
Regnault in La Grande Breteche is thus depicted: A man, tall, slim, dressed in black, hat in hand, who came in like a ram ready to butt his opponent, showing a receding forehead, a small, pointed head, and a colourless face of the hue of a glass of dirty water. He wore an old cost much worn at the seams, but he had a diamond in his shirt front, and gold rings in his ears,'
"Desroches is described in Un Ménage de Garçon as having a harsh voice, a coarse skin, pitiless eyes, and a face like a ferret's licking the blood of a murdered chicken from its lips.
"Balzac has a great deal to say about judges, and most of his judges are honest men, like Popinot in The Commission in Lunacy, and old Blondet in The Cabinet of Antiques. The latter's integrity was as deeply rooted in him as his passion for flowers; he knew nothing but law and botany. He would have interviews with litigant, listen to them, chat with them, and show them his flowers; he would accept rare seeds from them, but once on the bench no judge on earth was more impartial.
"The allusion here is to the practice which at least up to the Revolution permitted, or at least condoned, the personal solicitation of judges and even the making of presents to them by litigants, like the custom in England which caused Bacon's downfall. Indeed, the office of judge in France was formerly saleable like an estate. In Balzac's novels there are frequent allusions to the influence used outside of the court room upon the judge. Judge Camusot, for example, was completely under his wife's influence, and the ladies generally teem to have been very successful in this irregular practice. In The
End of Evil Ways the Countess de Sérizy called on the judge to interview him as to Lucien de Rubempré, and actually seized the notes of his examination and threw them into the fire. The ladies, said Balzac, have a code of their own, and laugh at statutes framed by men. If that is a crime,' said the Countess, well, monsieur must get his odious scrawl written out again.'
"To mention those of Balzac's novels that possess legal interest is almost to repeat the catalogue of all. Balzac is too vast. It is impossible to discuss the law and lawyers of the Human Comedy in an hour."
APPOINTMENTS UNDER THE JOINT STOCK
NOTICES OF APPEARANCE AT HEARING MUST REACH THE SOLICITORS BY 6 P.M. ON THE
ANGLO-FOREIGN INVESTMENT AGENCY LIMITED-Petition for winding-up to be heard Oct. 17, at Royal Courts of Justice. M. J. Jarvis, 4, Finsbury-sq, E.C, sol. for pet. Notices of appearance by Oct. 16. ALL SPEED GEAR SYNDICATE LIMITED.-Creditors to send in, by Oct. 31, to G. H. Alexander, Doe-st, Birmingham. W. G. Robbins, Birmingham, sol. for liquidator.
BUSHEY HEATH BRICK AND TILE COMPANY LIMITED.-Petition for windingup to be heard Oct. 17, at Royal Courts of Justice. A. Harris and Co., 55, Lincoln's-inn-filds, W.C., sols. for pet. Notices of appearance by Oct. 16.
COBO COMPANY LIMITED.-Petition for winding-up to be heard Oct. 17, at
HASTE AND BROWN LIMITED.-Creditors to send in, by Oct. 7, to R.
JOSEPH SHAW AND CO. LIMITED.-Creditors to send in, by Oct. 4, to J. J.
LACY AND SON LIMITED.-Petition for winding-up to be heard Oct. 11, at
SAMUEL NICHOLL AND SONS LIMITED.-Creditors to send in, by Oct. 9, to
CREDITORS UNDER 22 & 23 VICT. c. 35. LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. ADLER (Very Rev. Dr. Hermann, C.V.O.), Finsbury-sq, and Craven-hill, W. Nov. 1; Adler and Perowne, 15, Copthall-av, E.C. ALEXANDER (Robert), Wimbledon. Oct. 31; Batesons,
ABREY (John), Tonbridge. Oct. 31; E. B. Harris, Tonbridge. ASPDEN (Thomas Alexander), Bournemouth.
ALDRIDGE (Emma Barker), Leavesden.
Sworder, and Wilson, Watford.
Nov. 6; Read and East
Oct. 31; Sedgwick, Turner,
BROADBENT (Ann), Penistone. Claims of creditors, next of kin, and
BIRKETT (Ernest), Maldon. Nov 10; Crick and Freeman, Maldon.
BEST (Edith Mary), Colwyn Bay. Oct. 14; Stott and Son, Rochdale.
BUTLER (Charles), Reading. Oct. 23; Martin and Martin, Reading.
CHANDLER (Abel), Trowbridge. Oct. 1; Mann, Rodway, and Green, Trowbridge.
CARTER (John), Ulverston. Nov. 15: Crosby and Hodson, Fleetwood. CRUMP (Isabel), Hull. Nov. 1: Locking, Holdich, and Locking, Hull. CHRYSTIE (Mary), Great Bookham. Oct. 20; Dimond and Son, 47,
CLARKE (Rosa Emily), who died at the Midland Counties Home,
CHARLEVILLE (Right Hon. Emily Frances. Countess of), Chichester.
Cunliffe, and Blake, 48. Chancery-la, W.C. CLARKE (John James Unwin), South Kensington, and Union Club, Trafalgar-sq. Oct. 31; F. W. Hughes, 103, Edgware-rd, W. CAUNTER (William George), Exeter.
CARLYLL (Stephen Green), Regent's Park. Nov. 11; Hepburn, Son, and Cutcliffe, Bird-in-hand-ct. Cheapside, E.C.
DEAKIN (Eleanor), Wormhill. Nov. 3; E. Heath and Sons, Manchester.
DONALD (Thomas), Liverpool. Oct. 7; Edwin Berry and Co.. Liverpool. DODD (William Gabriel Cook), Stanford-le-Hope. Oct. 31; H. Anderson, 140-141, Temple-chmbrs. Temple-av.
DAMEN (Rev. Oswald Joseph), Freshfield. Oct. 20; Gard, Rook, and Co., 2. Gresham-bldgs. Basinghall-st, E.C.
DILNOT (James), Nonington. Nov. 1; Mowll and Mowll, Dover.
FOORD (Herbert), Holgate. Oct. 2; Lucas and Walster, York.
FRENCH (David), Crutched-friars, and Eltham. Oct. 31; B. F. French, 51, Crutched-friars.
GEVERS (Mathilde Josephine Catherine Dorothee), Anvers, Belgium.
Nov. 14; J. L. Dickinson and
GEE (Dr. Samuel Jones), Hyde Park. Oct. 31; Baileys, Shaw, and
HOLDEN (James), Bury. Oct. 28; T. R. Bertwistle, Bury.
HAND (Eliza), who died at Macclesfield. Nov. 1; Lee, Scott, Mellor, and Co., Manchester.
JENKINSON (Joseph), Sheffield. Oct. 31; Branson and Son, Sheffield. KIRKMAN (William Wright), Manchester and Timperley Oct. 31; Taylor, Kirkman, and Co., Manchester.
KING (Katherine), Birmingham. Nov. 1; King and Mills, Birmingham. LOWEN (Ellen Matilda), East Blatchington, Seaford. Oct. 10; Bedford and Wellsted, Seaford.
LOTT (Randolph Alfred), Teddington. Oct. 7; A. Herbert-Burns, 10. Bedford-row, W.C.
LANE (Henry Charles), Jermyn-st. Nov. 15; Taylor and Taylor, 10, New
LONG (Wiliam Elliott), Woodnesborough. Oct. 31; P. Maylam, Canter-
MONRO (Rev. Robert), Torquay. Oct. 20; Hooper and Wollen, Torquay.
ROTCH Emily Wason), Westminster.
Nov. 13; Charles Stevens and
SOUTTER (Peter William), Secondi. British West Africa, and London.
STOKES (Jane Louisa), Bournemouth. Oct. 24; Trevanion, Curtis, and
STUBES (John Edwin), Bolton, or STUBBS (Annie Ellen Haslam). Tue Brook, Liverpool. Oct. 26: Balshaws. Bolton.
SWALLOW (Mary Haslam), Halifax. Oct. 31: Dickons and Aked, Halifax.
SHORT (Thomas), Ilfracombe. Oct. 29; Rowe and Warren. Ilfracombe.
TEW (Amelia), Walworth. Oct. 31: Baileys, Shaw, and Gillett, 5.
VALPY (Katharine Maud Thyrza), Upper Gloucester-pl, Marylebone;
VIGNOLES (Hon. Emily Julia Charlotte), Chester-ter. Eaton-sa. Oct. 6;
WHITAKER (Harold Dean), Haslingden. Oct. 20; Whitaker, Hibbert, and
WASSE (Georgiana Marianne), St. Leonards-on-Sea. Nov. 4; Capron and
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. GEORGE RANKEN ASKWITH, C.B., K.C. has been appointed a Knight Commander of the Order of the Bath, the appointment to bear date the 16th Sept. 1911.
Mr. CHARLES ANDREW O'CONNOR, K. C.. Solicitor-General, has been appointed His Majesty's Attorney General in Ireland.
Mr. J. CAMPBELL LORIMER, K.C., Sheriff of Ayrshire, has been appointed Sheriff of the Sheriffdom of Aberdeen, Kincardine, and Banff, in the place of Mr. Donald Crawford, K.C., resigned.
Mr. W. LYON MACKENZIE, Advocate, has been appointed Sheriff of Ayrshire.
Mr. EDWARD B. NEISH, Advocate, Sheriff Substitute at Greenock has been appointed Sheriff Substitute at Dundee, in the place of Mr J. Campbell Smith. Advocate, resigned.
Mr. JOHN A. WELSH, Advocate, has been appointed Sheriff Substitute at Greenock.
Mr. BERTRAM JACOBS, LL.B., barrister-at-law, of the Inner Temple and South Wales Circuit. has been appointed Lecturer in Law at the University College of South Wales and Monmouthshire, Cardiff. Mr. Jacobs was called by the Inner Temple in 1902.
Mr. ARTHUR F. GRIMLEY, of the firm of Messre. Ffooks and Grim'ey, solicitors, Sherborne, has been appointed to be Coroner for the Hundreds of Sherborne and Yetminster. Mr. Grimey was admitted in 1909.
Mr. CLEMENT E. ARNOULD has been appointed a Commissioner for taking Oaths for use in all the provincial divisions of the Supreme Court of South Africa.