« 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 la bours before the Long Vacation and, by freeing the Government from the stress of an autumn session, enabling responsible legislators to devoto more time to the preparation of Bills for the following year. It is uppecessary here to dwell on the reasons wbich led to the abandonmont nf the hope that the session could come to an early termination, for they must be in the recollection of all readere. The Speech from the Throne on the opening of Parliament on the 31st Jan., after the usual referenses 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 persone diequalified by the receipt of poor relief, and, foally, a measure for insurance against io validity 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 theso 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 distur bauces 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 tbe 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 doties on land values. Contracts made between transferors and transferees or between leesors 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, B. 2 (3), is made to apply to the case of any transfer od 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 bas been finally settled before tbis Act. An application may be made within three months of its passing, and the commissioners can alter the value 80 as to give effect to the amendments made. Sect. 3 contains a long and rather in volved set of provisions at once explaining and amending tbe 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 lof 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 determioation of a lease by reason of the lessee acquiring the lessor's interest. Seot. 4 substitutes twenty years for the period of ten years as the limit of time for taking expenditure into accoant under sect. 16 (2) (6) 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 pot 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 appual 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
posses sion of live game
wbere 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 ipcomo 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 iocome tax under certain circumstances. Sect. 13 states who is to be deemed tho person owning the securities wben 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 inoome 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 dooument 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 wbich local bodies are receiving such large sume 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 eithor_by the police_or by the county absociation established under the Territorial and Reserve Foroes Act 1907, and in Ireland, it is to be left in the bands 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 probibit air-craft navigation over preeoribed areas. It will be a defence to proceedings based on the contravention of this order to prove that the navigator was oom. pelled 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 probleme 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 in the interests of the mercantile marine to the question of the relationship of Japan and Korea, including also a discussion on the superadduation 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 Desting till the Age of Thirty (continued). 26. And in case of the failure or determination of all the trusts hereinbefore 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 fuod and the income thereof and all accumulations thereof or 80 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 io trust for G. H. or if the said G. H. eball die in my lifetime leaving issue living at my death who being male attai the age of twenty-one years or being female attain that age or marry in trust for such issue in equal abares but so that no iesne remoter than a child of the said G. 8. 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 daughtors of 1. 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 tbe said 1, J. sball have died in my lifetime (whether before or after the date of this my will) leaving issue living at my death such i8800 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 a8 tenants in common in equal shares the share in the residuary trust premises and income and acoumula. tions which such deceased daughter of the said I. J. would have taken uoder the trust in that behalf herein before declared had he or she survived me and attained a vested interest but so tha: no issoo remoter than a obild 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 hereditamente 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 (80 far as applicable) as the hereditaments 80 sold and the rents and profits thereof would have been subject to under this my will if the same had not been 80 sold to the intent that so far as possible there shall be no ademption of the speoifio devises herein before contained.
28. PROVIDED ALWAYS and I hereby declare that it shall be lawial 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 bereinbefore specifically devised or beq ned or not or to consolidate any such mortgages or to give further seourity for or to pay off all or any of the money secured by any boob 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 incumbranoes as absolute owne.s of the mortgaged property and if my trustees shall think fit to raise any further sum or soms to discharge any such mortgage or incumbradoe 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 disobarge of any such mortgage or incumbrance accordingly and that it sball be lawful for my trustees for all or any of the purposes aforesaid to execute and do all such mortgages assurances and thiogs as my trustees eball think fit.
29. [Powers of sale and leasing the first specifically devised hereditaments 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.]
32. I declare that money liable to be invested under this my will may be invested in &o. with liberty to vary and transfer the said investments.
33. (Power lo truslees to employ agents and for solicitor frustee 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 declaro that if at any tire any doubt or question shall arise as to whether any of the powers of sale leasing management or otherwise hereinbesore contaided are exercisable by my trustees in the circumstances which sball 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 bave such further powers of Bale leasing management or otherwise as could lawfully have been inserted in tbig my will to meet the case if tbe ciroumetances which shall have arisen had been present to the mind of myself and my legal advisers at the time when ibis will was made. Is WITNESS &c.
Mr. Justice Lugh will sit for the last time as Vacation judge is obambers on Tuesday next at eleven o'clock, and on the following day in court to dispose of motione, applications, and other Vacation work. The judge's doties 88 Vacation judge will not, however, terminate until the following Wednesday, the lith proz.
Mr. Justice Channell bas fixed the following commission days for holding the autumn agrizes on the North Wales Circuit-viz. : CarDarvon, Thursday, Oct. 12; Rutbin, Monday, Oot. 16; and Chester, Thursday, Oot. 19.
Daring 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_Buckoill, Mr. Justice Bray, Mr. Justice Coleridge, Mr. Justico Hamilton, Mr. Justice Scrutton, and Mr. Justice Bankes.
On the occasion of the reopening of the courts op Thareday, the 12th prox., & 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.me co Wednesday, the 11tb proz. 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 Churcb reopens for Divine service to-morrow at eleven o'clock.
The chapel of Gray’s-ion will be reopened for Divine service to-morrow at eleven o'clock.
The west gate to the Temple, which has been closed since the 18t 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 Graod Hotel, Charing Cross, on Tuesday, the 318t 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 bas 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 Myere, 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 Dioey, 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 grose, with net personalty £523.
Mr. Henry Arthur Hudson, of Filey-road, Soarborough, registrar of the York District Court of Probate, and jolot legal secretary to tbe Arobbishop of York, who died on the 14th Aug., lest estate of the gross value of £27,857, of which the pet porsonalty has been sworo at £17,670.
Alderman Henry Goody, of Glen Morvyo, Lordeoroad, Colohester, of the firm of Goody, Sone, and Weatherall, solicitors, for twentyeight years registrar of the Colchester County Court, who died on the lot Aug., aged seventy.five, loft estate of the gross value of £99,246, of wbich the net personalty bas been sworn at £83,171.
Mr. William Baillie Skeno, 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 Middlese r was opened on Saturday last at the Caxton Hall, Westminster, befora Mr. Montagu Sharpe (chairman), Mr. Herbert Nield (deputy chairman). and other justices. The calendar contains the names of fifty-one: persons obarged 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 clerke with a covering letter not unsuitable for newspaper publication. It is, however, open to objeotion 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 po 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 porporting 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 cbarity or aids to rates,
by Ortolli and Doomarti - 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. Ask with in the Twenty-third Annual Report on Strikes and Look-outs and on Conciliation and Arbitration Boards in the United Kingdom for 1910 says: “ The year 1910 was marked by oon. siderable industrial disturbance; the number of work people (515, 165) involved in disputes commenoing during the year was the bighest eioce 1893, while the aggregate duration (9,894,831 working days) of all tbe disputes in progress during the year has been exceeded on only four oocasions during the last eighteen years. The high figures for 1910 were caused by great disputes in the coal trade of Northumberland, Durbam, apd 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 alono affected 265,100 workpeople at the establishments concerned, and caused a loss in working time of over 6 million working days. The effeot on other industries cannot he statistioally 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 work people directly affected by disputes in 1910. Compromises were arranged for abont two-thirds of the total number of work people direotly affected in all disputes. A few disputes still remaio unsettled, and in the remainder about half the work people were sucoessful 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 diopates. The number of work people direotly involved in disputes settled by such means in 1910 was the highest reoorded in the decennial period for wbich 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, abowed a further increase in 1910."
At the Palais de Justice in Paris, O the Salle des Pas Fer Jus, & white marblo elab has been placed opposite the statue of Berryer bearing the following ingcription : “ The Order of Advocates of the Court of Appeal of Paris celebrate in this chamber on the 11th Deo. 1910 the centenary of the re-establishment of the Bar lo Franoe, voder the presidency of Monsieur Armand Fallières, President of the Frenoh Republio ; M. Tbéodore Giraud, Garde des Sceaux ; M. Foriohon, 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 ezplained that the schedule of the Juries Act 1870 exempted “ officers of the navy, army, militia, and yoomaory, while on föll pay." Mr. Burnett added that it was held out by Lord Haldano 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 thefjuror to serve he would excuse bim. Mr. Burnett said it would be. Judge Rentoul said in that event tho juror need not wait, and be left the court. The disaster to the new British airship emphasises to wbat extent man can claim to have aobieved the so-called con quest of the air. Striking incidents for a time seem to encourage the idea that atmos. pherio conditions can be regarded with less concern, and then some snob failures as have dogged the efforts of British and foreign experimental airebips 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 como desperate crisis deciding foally wbere the ultimato victory is to sest. It is quito possible to concede this and yet to argue that the Legislature must at do distant time seriously consider the problems of law which arise out of air craft of all sorte. To those who live near Brooklands or Hendon the constant p398age of air oraft is introducing new perile, and questions of trespass will arise under which tho Partios to a dispute may not get the just.co to which they are entitled. Any such disputes may lead to defenses turning on identity, and it is quite difficult to soo how to provide adequately for identity. ing, a craft capable of gettiog boyond inspection by such easy and Tapid means. Some definite role of the road will also bave to bo arranged to ensure safety. Legislation should not be left until some tragic event causes its necessity to be recognised by all.
Io the City of London Court, on the 20th inst., a case of import. ance to all employers and commercial travellers was disposed of before Judge Rentoul, K.C., and a jury. Mr. George E. Moor, commercial traveler, 10, Spencer.street, Canonbury, sued E. Brown and Co. Limited, 10, Well street, Jewiu-street, for £36, being salary in lieu of potico. Mr. H. W. Wiokban appeared for the plaintid, and Mr. Storry Deads 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 £3a w ek and expensee. Ho worked for them for six weeks and went to Southampton, Bournemouth, &o., and was then bummarily dismissed. Ho contended that where a traveller was engagod at a salary and expenses it was the universal custom of the commoroial world that he should have three months' notico or salary instead. That had always been the rule. He admitted that the business which ho did was not very good, but six weeks was not long enough trial. Dofendants said that the plaintiff was dinmissed on a woek'o notice because bis business dono was very poor. There was no custom amongst commercial travellers that they should have three months' notico where a man was engaged at a weekly salary and as poosee. It the traveller was a goarly servant or paid a commission he might have threo months' notioe. Otherwise travellers were wookly servants, when paid weekly. Any custom to bo binding must bo universal. The jury fouod 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 deoree reorganising the police mobile, which has for its exolusivo mission the investi. gation and repression of crimes de droit commun, and has given & good acoount of itself. But for
the police mobile never see.ng to have had a place in Coraioa. Ноя muob 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 publishos. The Bastia Journal, one of the most widely circulated of Corsican pa pers, says: "For the past month in our uobappy country each day has brought forth its owo orime. It is an instructive red series whicb 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 orimes to which the journal makes allusion are the following: 18t Aug., murder at Casamozza of a man named Graziani by his brother in law — a88assin in flight; 2od Aug., parricide at Vico, the widow Danielli, by her son and son.jo-law-both arrested ; 5th Aug.attempt to murder the gardener of the Château Bacioocbi at Ajaccio-autbors unknown ; 9th Aug.. murder at Monte of the widow Micaelli and her brother in law by ono Mattei—a98a98id in flight; 10th Aug., murder at Veozolasca of
named Marsei-autbor uokoowo ; 10th Aug., murder at Zalada of the brigadier of gendarmerie, Chabanon-author known; 23rd Aug, murder at Calvi of the postmaster Carboniauthor unknown; 27th Aug., murder at Bastia of ono Amarellaauthor in flight; Aug, morder at Brustico of one Aotoine Arrighi-author unknown; Aug., attempt to murder a co' porteur
BOROUGH QUARTER SESSIONS. Abingdon, Thursday, Oct. 19
Uythe, Saturday, Oct. 28 Banbury, Tuesday, Oct. 30, at 11
Ipswich, Saturday, Oct. 21 Bedford, Thursday, Oct. 6
Blogston-apon-Hall. Tuesday, Oct. 31 Berwick-upon-Tweed, Friday, Oct. 6 Leicester, Monday, Oct. 16 Birmingham, Monday, Oct. 9, at 11.15 Liverpool, Tuesday, Oct. 3 Blackburn, Friday, Oct. 27
Manchester, Monday, Oct. 2 Bournemouth, Tuesday, Oct. 10
Margato, Monday, Oct. 2 Bradford, Tuesday, Oct. 3
Merthyr Tydal, Wednesday, Oct. 18 Bridgnorth, Wednesday, Oct. 18
Newcastle-upon-Tyne, Friday, Oct. 20 Brighton, Monday, Oct. 16
Northampton, Friday, Oct. 13 Bristol, Wednesday, Oct. 25, at 10.30 Norwich, Monday, Oct. 16 Bury St. Edmunds, Monday, Oct. 23 Nottingham, Tuesday, Oct. 10, at 10.30 Cambridge, Monday, Oct. 9
Plymouth, Saturday, Oct. 28 Cardiff, Tuesday, Oct. 3
Portsmouth, Thursday, Oct. 5 Chester, Friday, Oct. 20
Reading, Friday, Oct 6, at 10.30 Colchester, Thursday, Oct. 5
Rochester, Monday, Oct. 9, at 10.15 Croydon, Tuesday, Oct. 10, at 10
Rotherham, Tuesday, Oct. 10, at 10.30 Derby, Thursday, Oct. 19, at 10.30 Salisbury, Friday, Oct. 6, at 11 Devizes, Monday, Oct. 9
SandwichFriday, Oct. 6, at 12.30 Devonport, Saturday, Oct. 7
Scarborough, Friday, Oct. 13 Doncaster, Thursday, Oct. 5
Shemeld, Monday, Oct. 2 Dover, Monday, Oct. 2
Shrewsbury, Friday, Oct. 13 Dudley, Friday, Oct. 6, at 10.30
Southampton, Monday, Oct. 9, at 10.45 Exeter, Tuesday, Oct. 3
Sunderland, Wednesday, Oct. 11 Faversham, Monday, Oct. 23
Thetford, Friday, Oct. 28 Folkestone, Monday, Oct. 2, at 11
Warwick, Thursday, Oct. 12 Great Yarmoutb, Monday, Oct. 9, at 10.30 Wenlock, Friday, Oct. 13 Grimsby, Tuesday, Oct. 24
Wolverhampton, Friday, Oct. 6, at 10 Guildford, Saturday, Oct. 7
York, Monday, Oct. 16. Hastings, Friday, Oct. 27
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 con. taining 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. Tbird Edition, greatly, Enlarged, price 10s. 6d., post free.-HORACE Cox, “Law Times" Office, Windsor House, Bream's-buildings, E.C.-[Advt.)
SITTINGS OF THE COURTS.
FOR THE WEEK ENDING SATURDAY, OCT. 7. Aberavon, Tuesday
Manchester, Monday. Wednesday, Abingdon, Wednesday (Reg.), at 11 Ash borne, Wednesday, at 10
Thursday, and Friday, at 10
Mansfield, Monday, at 10 Axbridge, Wednesday, at 10
March, Monday, at 10 Bala, Friday, at 2
Midsomer Norton, Saturday, at Bath, Thursday, (By at 11), at 10
10.30 Birmingham, Monday (L.). Tues- Neath, Wednesday and Thursday day
(L.), Wednesday (L.), Newcastle-on-Tyne, Monday (J.S. Thursday (L.), and Friday (L.),
& A.O.) and Thursday (R. By), at 10
at 10 Bishop's Waltham, Friday, at 11 Newnham, Wednesday Blaenau Festiniog, Thursday, at 10 Newport (I. of W.), Wednesday, Bloomsbury, Monday, Tuesday, at 10
Wednesday, Thursday, and Fri- North Sbields, Thursday and Fri. day
day, at 10 Bolton, Wednesday, at 9.39
Nottingham, Friday, at 10 Bow, Tuesday, Wednesday, and Oldham,* Thursday, at 9.30; Fri. Friday
day (By), at 11 Brentford, fonday and Friday, at Ormskirk, Tuesday, at 10 10
Oundle, Monday, at 11 Bridgwater, "riday, at 10
Petersfield, Monday, at 10.15 Brighton,* Friday (J.S at 11.30), Pontypridd, Thursday, Friday, and at 10
Saturday Bromley, Tuesday, at 9.3)
Porth, Wednesday Burslem, Thursday, at 9.30
Portmadoc, Wednesday, at 10 Bury,* Monday, at 9
Portsmouth, Thursday, at 10.30 Caistor, Saturday, at 10
Pwllheli, Tuesday, at 10 Cheltenham, Friday
Redhill, Wednesday, at 10 Chesham, Tuesday, at 10
Rochdale,* Friday (J.S.), at 9.30 Chosterfield, Friday, at 9.30
Saddleworth, Friday Cirencester, Thursday
St. Neots, Wednesday, at 11 Clerkenwell, Monday, Tuesday, Salford, Tuesday
Wednesday, Thursday, and Fri- Sevenoaks, Thursday, at 10 day
Sheffield, Wednesday, Thursday Corwen, Friday, at 10
(By at 2), and Friday, at 10 Dartford, Wednesday, at 9.30
Shipston-on-Stour, Thursday, at 10 Derby, Tuesday (R. Ky), at 11
Shoreditch, Tuesday and Thursday Devizes, Monday, at 10
Shrewsbury,* Monday and Friday, Dewsbury, Tuesday (R By) and
at 10 Thursday
Southampton. Tuesday, at 10 Dolgelley, Saturday, ai 10
Southend, Thursday, Friday, and Doncaster, Wednesday and Thurs. Saturday, at 10.30 day, at 10
Southwark, Monday, Tuesday, and Durham, Tuesday (R. By)
Thursday, at 10.30 Eastbourne, Thursday at 10
Spalding. Wednesday, at 10 Frome, Tuesday (By at 11), at 11
Spilsby, Thursday, at 10 Gateshead, Tuesday and Wednes
Stafford, Friday, at 9.30 day, at 10
Sunderland, Thursday (R. By) Gravesend, Monday, at 9.30
Swindon, Wednesday, at 10.30 Grays Thurrock, Wednesday, at 11
Taunton, Tuesday, at 10 Greenwich, Friday, at 10.30
Thrapstone, Friday, at 11
Tiverton, Saturday, at 10 Halifax, Tuesday, at 9.30
Trowbridge. Friday, at 10.30 Hedon, Saturday
Tunbridge Wells, Friday, at 9.30 Henley-on-Thames, Wednesday, at
Tunstall, Wednesday, at 9.30 10
Wakefield, Tuesday, at 10; ThursHolbeach,* Friday, at 16
day (R. By), at 11 Holmfirth, Wednesday
Wallingford, Thursday, at 10
Watford, Monday, at 9.30
Wellington (Salop),* Tuesday. at
10 Langport, Wednesday, at 10.30
Wellington (Somerset), Monday, at Leeds, Monday (J.S & A.O.),
Wem, * 'Thursday, at 10
West London (Brompton). Mon Tuesday, Wednesday, Thursday, day, Tuesday, Wednesday, and Friday (B., A., & W.C.), at Thursday, and Friday, at 10.30
10 Llanelly, Monday and Friday
Westminster, Monday, Tuesday, Long Eaton, Thursday, at 11
Wednesday, Thursday. and Fri
day Louth, Friday, at 10 Luton, Thursday, at 10
Weston-super-Mare, Monday, at 10
Wigan,* Tuesdav, at 9 Lynn, Thursday, at 10
Williton, Thursday, at 11 Madeley,* Wednesday, at 10
Wolverhampton. Friday Maidstone, Saturday, at 9
Woolwich. Wednesday, at 10.30
an article. Second, shut yourself up for six months and study every detail.' Balzac may be justly compared with Dickens for humour, but Diokens was broader in caricature; with Thackeray for satire, but Thackeray was keener ; with Meredith for analysis, but Mereditb
more subtle ; with Poe for imagination, but Poe was more fantastic; with Swift for cynicism, but Swift was more caustic; with Do Foe for realistic narrative, but De Foe surpassed him in verisimili. tude; with Scott for vivid description of nature and of men, but Scott was bis 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.
Balzao 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 Btill 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. As he matured be witnessed the reactionary monarobies of Louis XVIII., Charles X., and Louis Philippe. His father was a lawyer, and obedient to the paternal wisbes ho 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 88 lawyer or notary. The dry details of the profession were revolting to him. You cannot barness Pegasus to a plough. He said to his bieter, I should become like the horse of a treadmill which does his thirty or forty rounds an hour, eats, drioks, 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 be had met and the code which he had studied. I bave counted the number of charactere io 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 attorneye, twenty-four notaries, and twenty-eight offioo 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 booke 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 U8 common lawyers, it will do us no barm to read these novels as a study in comparative law as well as comparative morals.
“ Balzao, in bis general views of law and lawyors, more nearly resembled Scott tban 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 triokster and the incompetent. Dickens, on the other hand, could see po good in either the science of the law or in the men who practised it. He scarcely mentioned law exoept in terms of contempt, and nearly all bis lawyers are caricatures. With Balzac, I say, it was different, though, to be sure, bis standard-porhaps it was the French standard-of professional ethics is not quite the same as our own.
“Balzao'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 abyster Frajsier and his offices : • The room was & 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 Cla paron's business office in César Birotteau. • Fraisier was small, tbin, and unwholesome looking; his red face, covered with an eruption, told of tainted blood. A wig pushed back on his head displayed a brick. coloured cranium of ominous conformation. One might have thought there was pestilence in the air.'
Regnault in La Grande Bretèche is thus depioted : 'A man. tall, slim, dressed in black, bat in hand, who came in like a ram ready to batt bis 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 coat much worn at the sea mg, but he had a diamond in his sbirt 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 forret's licking the blood of a murdered chicken from its lips.
“ Balzac has a great deal to say about judges, aod most of his judges are honest men, like Popinot in The Commission in Lupaoy, 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 bis flowers ; be 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. lodeed, 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 leem to have been very successful io this irregular practice. lo The
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 bave won considerably more than local recognition, and even bis tecbnical treatise on “ Drawing Wills and Settlemert of Estates in Pennsylvania” is eplivened, as our reviewer poioted out (22 Green Bag, 357), with intermittent flashes of brilliant wit and radiant humour. Among the best of the papers which be bag read before the Peppsylvania 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 be says:
“He must be read and judged in tho m 499. No single book can be selected which would give the reader a fair idea of bis genius. He must stady and compare very many or all of Balzac's works, and tbos derive a composite impression. As Champfleury said : There are two ways to criticise Balzac. First, read and sit down and write
End of Evil Ways the Countess de Sérizy called on the sudge to interview him as to Lucien de Rubempré, and actually seized the notes of his examination and threw them into the fire. The ladies, Baid Balzac, bave 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 ecrawl written out again.'
“ To mention those of Balzac's povels that possess legal interest is almost to repeat the catalogue of all.
Balzao is too vast. It
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PROMOTIONS AND APPOINTMENTS,
not later than Thursday morning in each week, as publication is otberwiso
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 Ayrebire. bas been appointed Sheriff of the Sheriffdom of Aberdeen, Kipcardino, and Banff, in the place of Me. Dopald Crawford, K.C., resigned.
Mr. W. Lyon MacKENZIE, Advocate, has been appointed Sheriff of Ayrshire.
Mr. EDWARD B. NEISH, Advocate, Sheriff Sabs.itute at Greenock has heed appointed Sheriff Substitute at Dundee, in the place of Mrr J. Campbell Smith, Advocate, resigned.
Mr. John A. Welsu, Advocate, has been appointed Sheriff Substitute At Greenock.
Mr. BERTRAM Jacobs, LL.B., barrister.at-law, of the Inner Temple and South Wales Circuit. bas been appointed Lecturer in Law at the University College of South Wales and Monmouthshire, Cardiff. Mr. Jacnbs was called by the Inner Temple in 1902.
Mr. ARTHUR F. GRIMLEY, of the form of Messre. Ffooks and Grim'ey, solicitors, Sherborne, has been appointed to be Coroner for tbe Hundreds of Sherborne and Yetminster. Mr. Grim ey was admitted in 1909.
Mr. Clement E. ARNOULD has been appuinted a commissioner for taking Oaths for use in all the provincial divisions of the Supreme Court of South Africa.