« EelmineJätka »
the legatee is twenty one years old, and that then the three previous last years' duty only would be repayable. Apparently an injustice is done to the infant. Will some of your readers favour by expressing through your columns the opinion whether or not the contention of the Inland Revenue is correct? LEX.
34. ARREARS OF INCOME TAX.-Upon the death of a trader the surveyor of taxes claims from the administratrix five years' arrears of income tax on undisclosed profits. How many years can be claim, and, assuming the trader's returns were incorrect, can he recover any penalties from the estate? Authorities will oblige. OMEGA.
35. RATING.-A golf club pay a farmer £30 a year for permission to play over certain of his fields; the farmer reserves all grazing rights, and agrees to pay all rates and taxes. The overseers do not alter the farmer's assessment, and he pays the same rates as before, but the overseers wish to assess the golf club in addition on the amount of rent payable to the farmer. Can the golf club under the circumstances be legally assessed; if so, should not the farmer's assessment be correspondingly reduced? F. T. G.
(Q. 26.) TRUSTEE ACT 1893.—In reply to the inquiry in the LAW TIMES of the 16th inst., I write to inform your correspondent that about six years ago I had a very similar case, which came before the late Mr. Justice Kekewich on an originating summons. The same mistake had been made in the appointment of new trustees by the counsel who settled it, and, although it was not the subject of the application to the court, the attention of the judge was drawn to this point, and he was asked whether any steps should be taken to remedy it. He stated that this was not necessary, and that the appointment was quite good because the words of all other powers them hereunto enabling were inserted, but he intimated that if them words had not been used his opinion would probably have been otherwise. NUGENT CHAPLIN.
(Q. 29.) QUARTER SESSIONS PRACTICE-DEATH OF APPELLANT IN Rating Appeal.-In reply to "Tyro's" query, there does not appear to be any decision upon the effect of the death of the appellant in a rating appeal, and, indeed, the only cases appear to have been decided with reference to the death of a respondent: (see_Reg. v. Truelove, 5 Q. B. Div. 336; Reg. v. Leicestershire Justices, 19 L. J. 209, M. C.; Garnsworthy v. Pyne, 35 J. P. 21). The note on p. 254 of Archbold's Quarter Sessione, 6th edit., runs as follows: "An appeal does not lapse by reason of the death of the respondent, but, semble, does in case of the death of the appellant; but in such case probably the recognisances should be vacated, and any deposit made in lieu of recognisances returned to appellant's solicitors.
F. P. TYRRELL
LAW STUDENTS' JOURNAL.
To SECRETARIES.-Reports of meetings should reach the office not later than first post Thursday morning to ensure insertion in the current number.
The Law Students' Debating Society will hold their first meeting of the session on Tuesday next, the 3rd prox, at the Law Society's Hall, Chancery-lane, at seven o'clock, when a debate will be opened by Mr. W. S. Jones and opposed by Mr. C. P. Blackwell. Mr. R. W. Handley will preside. Gentlemen desirous of becoming members of the society are requested to communicate with the hon. secretary, Mr. G. Benham Willis. Barristers, solicitors, articled clerks to solicitors, olerks who have been articled to solicitors, and members or students of an Inn of Court or university are qualified for election.
Mr. REGINALD AUGUSTUS WARREN, of Preston Place, near Worthing, died on the 23rd inst. in his ninety-second year. He was admitted in 1843, joining the London firm which now bears his name, and which was originally established in 1747.
THE COURTS AND COURT PAPERS.
HIGH COURT OF JUSTICE.-LONG VACATION
DURING the Vacation up to and including Wednesday, the 11th Oct.,
COURT BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit in King's Bench Court IX., Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commencing on Wednesday, the 6th Sept., for the purpose of hearing such applications of the above nature as, according to the practice in the Chancery Division, are usually heard in court. No case will be placed in the judge's paper
unless leave has been previously obtained, or a certificate of counsel that the case requires to be immediately or promptly heard, and stating concisely the reasons, is left with the papers. The necessary papers, relating to every application made to the Vacation judges (see notice below as to judges' papers), are to be left with the cause clerk in attendance, Chancery Registrars' Office, Room 136, Royal Courts of Justice, before one o'clock two days previous to the day on which the application is intended to be made. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation papers, or they may be sent by post, but in either case so as to be received by the time aforesaid.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT CHAMBERS.-Application may be made in any case of urgency, to the judge, personally (if necessary), or by post or rail, prepaid, accompanied by the brief of counsel, office copies of the affidavits in support of the application, and also by a minute, on a separate sheet of paper, signed by counsel, of the order he may consider the applicant entitled to, and also an envelope, sufficiently stamped, capable of receiving the papers, addressed as follows: "Chancery Official Letter: To the Registrar in Vacation, Chancery Registrars' Office, Royal Courts of Justice, London, W.C." On applications for injunctions, in addition to the above, a copy of the writ, and a certificate of writ issued, must also be sent. The papers sent to the judge will be returned to the registrar. The address of the judge for the time being acting as Vacation judge can be obtained on application at Room 136, Royal Courts of Justice.
CHANCERY CHAMBER BUSINESS.-The chambers of Justices Joyce and Eve will be open for Vacation business on Tuesday, Wednesday, Thursday, and Friday in each week, from ten to two o'clock.
KING'S BENCH CHAMBER BUSINESS.-The Hon. Mr. Justice Lush will, until further notice, sit for the disposal of King's Bench business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thursday in every week, commencing on Tuesday, the 12th Sept.
PROBATE AND DIVORCE.-Summonses will be heard by the registrar, at the Principal Probate Registry, Somerset House, every day during the Vacation at 11.30 (Saturdays excepted). Motions will be heard by the registrar on Wednesdays, the 13th and 27th Sept., at the Principal Probate Registry, at 12.30. Decrees will be made absolute on Wednesdays, the 6th, 20th, and 27th Sept. All papers for motions and for making decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock. JUDGE'S PAPERS FOR USE IN COURT.-CHANCERY DIVISION.-The following papers for the Vacation judge are required to be left with the cause clerk in attendance at the Chancery Registrars' Office, Room 136, Royal Courts of Justice, on or before one. o'clock, two days previous to the day on which the application to the judge is intended to be made: 1. Counsel's certificate of urgency or note of special leave granted by the judge. 2. Two copies of writ and two copies of pleadings (if any), and any other documents showing the nature of the application. 3. Two copies of notice of motion. 4. Office copy affidavits in support, and also affidavits in answer (if any).
N.B.-Solicitors are requested, when the application has been disposed of, to apply at once to the judge's clerk in court for the return of their papers.
Chancery Registrars' Office, Royal Courts of Justice,
THE BANKRUPTCY ACTS 1883 AND 1890. RECEIVING ORDERS.
GAZETTE, SEPT. 22.
To surrender at the High Court of Justice, in Bankruptcy.
LAMBERT, GEORGE JOHN, Muswell-rise, Muswell Hill, dentist. Sept. 20.
To surrender at their respective District Courts. ALLEN, HERMON, Nottingham, joiner. Ct. Nottingham. Sept. 19. BEVAN, THOMAS, Pontardulais, greengrocer. Ct. Swansea. Sept. 19. BRIGHTWELL, CHARLES PERCY, East Sheen, solicitor's clerk. Ct. Wandsworth. Sept. 20.
BROOMHALL, FRANCIS ERNEST, Haverfordwest, hardware merchant. Ct.
BURNELL, GEORGE, Paignton, builder. Ct. Plymouth. Sept. 19.
KENNY, JAMES, Liverpool, general broker. Ct. Liverpool. Sept. 20. KENDALL, JOHN RAVEN. Workington, pawnbroker's salesman. Ct. Cockermouth and Workington. Sept. 20.
SMITH, THOMAS, Aston Manor, butcher. Ct. Birmingham.
WEBSTER, JOHN, Chesterfield, baker. Ct. Chesterfield. Sept. 18.
WOOD, THOMAS, Nantwich, contractor. Ct. Nantwich and Crewe.
WILLIAMS, JOHN, Trealaw, collier. Ct. Pontypridd, Ystradyfodwg, and Porth. Sept. 18.
WATTS, WILLIAM HENRY, and WATTS, GEORGE SEAVIOUR (trading as G. Watts and Sons), Bournemouth, nurserymen. Ct. Poole. Sept. 20.
GAZETTE, SEPT. 26.
To surrender at the High Court of Justice, in Bankruptcy. GRIFFITHS, HENRY, Eardley-cres, Earl's Court, grocer. Sept. 22. HELLINGS, EDWARD, and HELLINGS, ARTHUR EDWARD SOMERVILLE (trading as hellings, Edward, and Co.), Nicholas-la, bill brokers. Sept. 22. HILTON, ROBERT, late Strand, playwright. Sept. 22
1100PER, F. A., Westminster Bridge-rd, publican. Sept. 22.
MACKAY, JAMES J., Leadenhall-st, manager to Legal and General Life
MANSELL, E., late Marylebone-rd, amusement caterer. Sept. 20.
VAN DER LINDE, NATHAN, Central Meat Market, Smithfield, meat salesman.
To surrender at their respective District Courts.
FLINT, WILLIAM FRANCIS, Kingston-upon-Hull, electrical engineer. hingston-upon-Hull. Sept. 21.
GIESON, GEORGE WILLIAM HENRY, Hanley, licensed victualler. Ct. Hanley. Sept. 22.
MORRIS, HUGH WILLIAM, and MANKTELOW, JOHN HERBERT (trading as and described in the petition as W. H. Morris and Co.), Margate, jewellers. Ct. Canterbury. Sept. 23.
MELLOR, LEVI, Tideswell, draper. Ct. Derby and Long Eaton Sept. 20. MAPLES, GEORGE WILLIAM, Kingston-upon-Hull, painter. Ct. Kingstonupon-Hull. Sept., 22.
NEWEY, HERBERT EDWARD, Birmingham, camera bellows maker. Ct. Birmingham. Sept. 21.
SENNETT, FRANK, King's Lynn, sail manufacturer. Ct. King's Lynn.
SULLIVAN, THOMAS, Swansea, hairdresser. Ct. Swansea. Sept. 23.
WOCDLEY, JOHN PETER, late Plymtree, baker. Ct. Exeter. Sept. 21.
ADJUDICATIONS. GAZETTE, SEPT. 22.
AILEN, HERMON, Nottingham, joiner. Ct. Nottingham. Sept. 19.
BROOMHALL, FRANCIS ERNEST, Haverfordwest, hardware merchant.
CRUTCH, RICHARD, Emsworth, army pensioner. Ct. Brighton. Sept. 20. CONDIE, JAMES MELVIN, late Bradford, draper. Ct. Bradford. Sept. 20. CAVE, REGINALD ALFRED, Oakworth, farmer. Ct. Bradford. Sept. 18. DEIRO, THE BARON DE SOUSA SEBASTIAN CLEMENTINE, late Manchester, director of a public company. Ct High Court. Sept. 18.
DABINETT, CHARLES, Crewe, hairdresser. Ct. Nantwich and Crewe. Sept. 18.
HOWE, EMILY MARY, Guilford-st, Russell-sq, spinster. Ct. High Court. Sept. 20.
HUBBARD, THOMAS HERBERT, Farnborough, builder. Ct. Croydon. Sept 20.
KENDALL, JOHN RAVEN, Workington, pawnbroker's salesman. Ct. Cockermouth and Workington. Sept. 20.
LAMBERT, GEORGE JOHN, Muswell-rise, Muswell Hill, dentist. Ct. High Court. Sept. 20.
MAW, THOMAS COULDREY (trading as James Maw and Son), late Stratford, lime merchant. Ct. High Court. Sept. 20.
MOSES, PHILIP (trading as P. Moses and Son), High-st, Whitechapel, tailor. Ct. High Court. Sept. 20.
NOWNE, WILLIAM ALBERT; WONNACOTT, CLIFFORD; and LEWIS, HERBERT HENRY (trading as Nowne and. Co), Watford, clothiers. Ct. St. Albans. Sept. 16.
PAPE, CECIL BEVIS, Emsworth, gentleman. Ct. Brighton. Sept. 20. RICHARDS, WILLIAM LITSON, Braunton, lodging-house keeper. Ct. Barntaple. Sept. 18.
SMITH, WILLIAM HORNER, Harrogate, joiner. Ct. York. Sept. 18.
SMITH, GORDON, and SMITH, FREDERICK HERBERT, Epsom, builders. Ct.
SMITH, THOMAS, Aston Manor, butcher. Ct Birmingham. Sept. 20. STINCHCOMBE, ALBERT, Pontycymmer, hay merchant. Ct. Cardiff. Sept. 18.
TERRY. WILLIAM EDWARD HERBERT, Melrose-av, Cricklewood, actor. Ct. High Court Sept. 16.
WOOD, JESSIE, Chester-le-Street, fish dealer (widow). Ct. Durham. Sept. 19.
WILLIAMS, JOHN, Trealaw, collier. Ct. Pontypridd, Ystradyfodwg, and Porth. Sept. 18.
WFESTER, JOHN, Chesterfield, baker. Ct. Chesterfield. Sept. 18.
GAZETTE, SEPT. 26.
BREWER, WILLIAM FRANK, Bournemouth, builder. Ct. Poole. Sept. 23.
FLINT, WILLIAM FRANCIS, Kingston-upon-Hull, electrical engineer. Ct.
GRANT, HENRY GEOPGE, London-wall, accountant's clerk. Ct. High Court. Sept. 28.
GIBSON, GEORGE WILLIAM HENRY, Hanley. licensed victualler.
HUBAND, CHARLES WILLIAM (also trading as the Postal Advertising Company), Tottenham Court-rd, advertising agent. Ct. High Court. Sept. 23.
MAPLES, GEORGE WILLIAM, Kingston-upon-Hull, painter. Ct. Kingston-
NEWEY, HERBERT EDWARD, Birmingham, camera bellows maker. Ct.
SULLIVAN, THOMAS, Swansea, hairdresser Ct. Swansea. Sept. 23. SENNETT, FRANK, King's Lynn, sail manufacturer. Ct King's Lynn. Sept. 22.
TAYLOR, JOHN WRIGHT (trading as W. H. Blake, late trading as Taylors), Liverpool, baker. Ct. Liverpool. Sept. 21.
WASSER, ERNEST HENRY, Charles-st, St. James', estate agent. Ct. High Court. Sept. 3.
WHITCOMB, BERESFORD WHITE, Portsdown-rd, Maida Vale, actor.
WOOD, HENRY, Barrow-in-Furness, driller. Ct. Barrow-in-Furness and
WALL, EDGAR GEORGE, Broad-st-av. Ct. High Court. Sept. 21.
To Readers and Correspondents.
All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith, Anonymous communications are invariably rejected.
All communications intended for the Editorial Department should, in order to prevent delay, be addressed to the "EDITOR OF THE LAW TIMES."
Any contributions that may be sent on approval will be carefully considered by the Editor; but no responsibility whatever can be accepted in respect thereof, although, if unsuitable, every effort will be made to return them, provided that a stamped addressed wrapper is inclosed for that purpose.
The copyright of all contributions (including reports paid for) shall belong to the proprietors of the LAW TIMES, together with the right of republication in any form they may think desirable. Apart from any express agreement that may be made, contributions are only received and considered on these conditions. Advertisements, orders for papers, &c., should be kept distinct, and addressed to the Publisher, Mr. HORACE COX, "Law Times" Office, Windsor House, Bream'sbuildings, E.0. TO SUBSCRIBERS.-PREPAYMENT TERMS OF SUBSCRIPTION. WITH REPORTS. WITHOUT REPORTS. For One Year...........................£2 14 0 For One Year...........................£2 3 0 For Half-Year........................... 1 7_0| For Half-Year........................... 1 1 0 Foreign. WITHOUT REPORTS
For One Year ...........................£3 00 For One Year...........................£2 4 4
1 10 0 For Half-Year.. 1 2 2 Portfolios for preserving the current numbers of the LAW TIMES, price 58. 6d. LAW TIMES REPORTS, price 38. 6d.
The Publisher undertakes the binding of the LAW TIMES and LAW TIMES REPORTS at the following rates: PER VOLUME.
LAW TIMES in half calf, office pattern........................................................................................ 58. 6d. LAW TIMES REPORTS, ditto, ditto
LAW TIMES REPORTS, ditto, ditto, with Statutes at end............ 58. 6d. Parcels of Volumes for binding should be sent to the Publisher, LAW TIMES Office, Windsor House, Bream's-buildings, E.O.
TO ADVERTISERS.-SCALE OF CHARGES FOR ADVERTISEMENTS. Four lines of 30 words or less £ s. d. One page .......................... 10 0 0 than 80 words in body type 8 6 Half page................................. 5 0 0 Each additional line..... 6 One Column 3 10 0 Advertisements ordered for a series of three insertions are charged 10 per cent, under scale, and for six or more insertions 20 per cent. under. Paragraph Advertisements 1s. per line, minimum 58. No series discount Advertisers whose reference is under initials to this office, should remit 6d. additional to defray postage in transmitting replies to their Advertisements. Advertisements must reach the office not later than five o'clock on Thursday afternoon and must be accompanied by a remittance, Post-Office Orders payable to HORACE CO.
Vol. CXXXI -No. 3575.
SUPREME COURT OF JUDICATURE.
COURT OF APPEAL. KNILL. DUMERGUE. 'Annuity Indian Civil Service-annuityPension granted by Government' -Assignability STEVENSON v. STEVENSON.-Husband and wife Petition by wife for judicial separation-Supplemental petition by wife for divorce............ 183 ATTORNEY-GENERAL v. CALEDONIAN RAILWAY
Stamp duty-Railway companyIncrease of nominal share capital... 184 GOVERNORS AND GUARDIANS OF THE HOSPITAL FOR THE MAINTENANCE AND EDUCATION OF EXPOSED AND DESERTED YOUNG CHILDREN, COMMONLY CALLED THE FOUNDLING HOSPITAL v. CRANE AND ANOTHER. -Deed-Assignment of lease
HIGH COURT OF JUSTICE. CHANCERY DIVISION. BURGHES v. ATTORNEY-GENERAL. -Declaratory judgment-Action for. against Attorney-General-Finance (1909-10) Act 1910 (10 Edw. 7, c. 8), ss. 26, 31......
Courts-Recent Decision: Standing v. Eastwood and Co.. GENERAL INTELLIGENCE.
Preachers of Lincoln's inn- Reclaimed Stock and Dividends in the Bank of England-Heirs-atLaw and Next of Kin-Appointments under the Joint Stock Winding-up Acts Creditors under Estates in Chancery-Creditors under 22 & 23 Vict. c. 35 PROMOTIONS AND APPOINTMENTS ...... LAW SOCIETIES.-The Law Society: Provincial Meeting-Hampshire CORRESPONDENCE
KING'S BENCH DIVISION. PALLIN (app.) r. BUCKLAND (resp.).— Poor law-Vagrants "Runting away"-Leaving children chargeable to union.... GENERAL ELECTRIC COMPANY LIMITED (apps.) v. EVANS (resp.)-Railways -Carriage of goods-Rates-False account of goods with intent to avoid payment of tolls 199
JONES (app.) V. GUARDIANS OF MERTHYR TYDFIL UNION (resps.) — Poor law-Bastardy-Order made on application of mother against putative father...
REX v. GODSTONE RURAL DISTRICT COUNCIL; Ex parte HASTIE.-Local government-Documents-Inspec
tion of-Parochial elector LONDON COUNTY COUNCIL (apps.),v. HOUNDLE (resp.). Revenue Licence duty- Male Luncheon club offices
THE GAZETTES................................ 523
tion-Company in liquidation......... 215 BIRTHS, MARRIAGES, AND DEATHS
Statutes of the Session 1 & 2 George V.
The Law and the Lawyers.
IN February of this year we dealt with the criminal judicial statistics for 1909, and, in commenting upon the statement made by the author of the introduction that the figures pointed steady increase of criminality," we made the reservation that the word criminality must be taken to refer to serious indictable crime. That introduction was undoubtedly pessimistic, but the report of the Commissioners of Prisons and the Directors of Convict Prisons for the year March 1910 to March 1911 views the situation from a directly opposite point of view. When, however, both these publications are carefully considered and it is borne in mind that different periods are dealt with, to a large extent the statements of fact and conclusions thereon are reconcilable. It is impossible to judge whether crime generally is increasing or decreasing by merely considering a short period of time, and it is only by examining the figures and averages over a number of years that any accurate conclusion can be arrived at.
THERE is no doubt that the legislation and administrative changes of the past few years have tended, and will tend in the future, to prevent the manufacture of regular criminals, and also to protect society against the depredations of those who are past reform. The commissioners, who are largely in touch with the movement of crime, state that their experience leads them to a more hopeful conclusion
than that expressed by the author of the introduction to which we have referred. They point out that, generally speaking, there are certain indications which justify a much better outlook as to the tendency of crime in the future, and as, evidence of this, they refer to the statistics as to youthful crime, which show an undoubted decrease, and also to the ages of prisoners, from which it appears that the mass of crime is confined to recidivists, and not to the spread of crime in the community generally.
In these columns we have drawn attention to the number of people who are imprisoned in default of payment of fines, and it is not surprising that the commissioners warmly support the legislation which has been forecasted by the Home Secretary, the main provisions of which would be (1) to secure a certain period of time to every person of fixed abode for payment of fine; (2) to provide, if possible, alternatives for imprisonment in imprisonment in the case of young offenders between the ages of sixteen and twenty-one, (a) either by disciplinary correction outside the prison; or (b) the creation of a system of disciplinary probation for dealing with minor offences and mere rowdyism, without recourse to imprisonment, the object being to ensure that no youth should go to prison unless shown to be incorrigible, or to have committed some serious offence. We have little doubt that if these proposals were carried into effect the prison population would be largely reduced, and young and trivial offenders would be spared a first taste of prison régime.
STRESS is laid upon the futility and harmfulness of repeated short sentences, especially in the case of young men and women. The report shows that the Borstal system still continues to be eminently successful, and excellent results continue to follow from the operation of the Borstal " modified" system. In the case of young persons, we strongly hold the view that, in the first place, it is necessary to prevent as far as possible the imprisonment of the young offender whose offence is trivial; but if there is a perverse and determined continuation of law breaking, even though trivial, we agree with the commissioners that the remedy for this state of things is only to be found by boldly giving power to the courts to pass longer sentences with a view to successful reformatory effort in the case of these young persons and to commit them to suitable institutions.
As to the habitual, the report points out "the roll of recidivism in the case of persons sentenced more than once to penal servitude, to which we referred last year as the unyielding corpus of habitual crime, remains at a high figure." With regard to prisoners sentenced to penal servitude during the year 1910-11, no less than 87.75 per cent. males and 70 59 per cent. females had previously been sentenced to imprisonment or penal servitude, while of the persons, received under sentence of ordinary imprisonment (local) for the same period the percentages were 585 and 772 respectively. If the total receptions on conviction during that period be taken, 7121 males and 5274 females had been previously convicted above twenty times. No doubt in the near future one will be in a position to judge whether any impression can be made upon this corpus of habitual crime," and it is with regard to this that, up to the present, grounds certainly exist for the not very hopeful view taken by the writer of the introduction to the criminal judicial statistics for 1909.
THE fact that the Court of Criminal Appeal last week were compelled to set aside a conviction for murder on the ground of a lack of a proper direction to the jury, has again brought into considerable prominence the inability of that tribunal to
order a new trial, and that the sole power that exists when any defect is shown in the proceedings is to quash the conviction altogether. Ever since the court was instituted the judges presiding have had from time to time to call attention to this matter, and, although we quite agree that the power to order a new trial in criminal cases should only be exercised in exceptional circumstances, such a power should be conferred where it is necessary for the proper administration of justice that all the facts should be again submitted to a jury.
We do not suppose that regret will be felt in any impartial quarters that, owing to the decision of Mr. Justice LUSH in the application for an interlocutory injunction at the suit of the freeholders of the Earl's Court Exhibition, the proposed Wells-Johnson fight or contest was abandoned. That a prima facie case that the licence would be imperilled was made out cannot be denied; but if, when the action is tried, it is successfully defended, the defendants will have their remedy in "the usual undertaking as to damages." This decision relieved the magistrate from having to come to any determination with reference to the summonses issued against the principals and promoters-a matter raising far more difficult issues of fact than those which came before the learned judge. Sir JOHN SIMON, however, on the summonses being adjourned, took occasion to point out that the object of those proceedings was not to interfere with the legitimate sport of boxing, but to stop an encounter which, in the view of the authorities, was not likely to be legitimate.
THE PARLIAMENTARY RECORD. (Continued from p. 465)
THE Perjury Act, forming cap. 6, was introduced by the Lord Chancellor in the House of Lords, and, in substance, its provisions are those of the Bill introduced in the preceding year. At an early stage Lord Alverstone signified his general approval of the measure as modified, and its passage through both Houses was rapid. It deals not only with perjury, but offences kindred thereto, and comes into operation with the New Year. Its importance is emphasised by the fact that no fewer than 130 statutes are set out in the schedule as repealed in whole or part, embracing a period from the thirty-second year of Henry VIII. to the year 1909. The 1st section deals with "perjury," which will include a wilful and material statement made by a person lawfully sworn as a witness or as an interpreter in a judicial proceeding, knowing the same to be false or not believing it to be true. Judicial proceeding will cover proceedings before any court, tribunal, or person having by law power to hear, receive, and examine evidence on oath. The Act will also extend to statements made by witnesses in England for the purpose of judicial proceedings in other parts of our dominions, in a British tribunal in places outside thereof, or in tribunals of foreign States, and it will also affect statements made by persons sworn, under some Act of Parliament, in other parts of our dominions or before some British tribunal or a British officer in a foreign country or within Admiralty jurisdiction for the purpose of judicial proceedings in England. The court of trial is to determine as a question of law whether some statement on which perjury is assigned is to be regarded as material. The 2nd section proceeds to deal with false statements on oath made otherwise than in a judicial proceeding. This generality covers in special form the wilful use of false affidavits for the purposes of the Bills of Sale Act 1878 as amended by subsequent ena tment. Some sections follow to cover false statements for the purpose of procuring marriage, or certificates or licences, or as to the particulars required by law to be known and registered relating to marriage, or statements forbidding the issue of certificates or licences by falsely representing that the author of the statement is a person whose consent to the marriage is by law required knowing such a representation to be faise. False statements as to births and deaths are next touched upon. Then the Act passes to false statutory declarations and wilfully false statements of a material character, otherwise than on oath, in abstracts. accounts, balance-sheets, books, certificates, declarations, estimates. inventories, notices, reports, returns, or other documents which a person is authorised or required to make, attest, or verify by any general Act of Parliament, or in any oral declaration or answer required to be made by, under, or in pursuance of any general Act of Parliament. Another class of false statement is hit by sect. 6. which includes persons who make or cause to be made or produced. either verbally or in writing, any declaration, certificate, or repre sentation known to be false or fraudulent for the purpose of procuring or attempting to procure registration on some roll of persons qualified to practise some vocation, or for the purpose of
procuring or attempting to procure certificates of registration. Aiders, abettors, counsellors, procurers, and suborners are liable to be treated as principal offenders. Provision is made that, in the case of offences being committed in any place, either on sea or land, outside the United Kingdom, the offender may be proceeded against in any county or place in England where he was apprehended or is in custody as if the offence had been committed in that county or place. The following authorities-viz., a judge of or person presiding over a court of record or petty sessional court, or any justice sitting in special sessions, or any sheriff or deputy before whom a writ of inquiry or trial is executed-may, when of opinion that perjury has been proved, order a prosecution. Quarter sessions is to have no jurisdiction to try an indictment for any offence under this Act. The provisions of the Vexatious Indictments Act 1859 are to apply. Passing by a section dealing with the form of an indictment, we find in sect. 13 the important provision that no one is to be liable to conviction under this Act, or in respect of offences declared by other Acts to be perjury or subornation of perjury, solely upon the evidence of one witness as to the falsity of any statement alleged to be false. Forms and ceremonies of administering oaths are, for the purposes of this Act, to be immaterial if the court or person before whom the oath was taken had power to administer it for the purpose of verifying statements, and if the oath had been administered in a form accepted by the person who took it without objection. "Oath" is to include "affirmation" and "declaration.' One important saving is to be noticed in sect. 16 (2), whereby the Act is not to apply to statements made without oath by a child under the Prevention of Cruelty Act 1904 and the Children Act 1908. Looking to the gross statements so often made by witnesses, the provisions of this Act can scarcely fail to have a remedial effect.
The following Act, dealing with Municipal Elections (Corrupt and Illegal Practices) and numbered cap. 7, is somewhat pari passu with that just under review. Lord Farquhar introduced the Bill in the House of Lords, and the object sought to be attained was to give municipal candidates for election some protection against the false statements made by their rival candidates or other persons. This protection is afforded by the simple method of amending the Municipal Elections (Corrupt and Illegal Practices) Act 1884. Any person who, or the directors of any body or associa tion corporate which, before or during any municipal election shall, in order to affect the return of any candidate, make or publish any false statement of fact in relation to his personal character or conduct is to be guilty of an illegal practice within that Act. It is to be a defence if it can be shown that the person making such a statement had reasonable grounds for believing, and did believe, the statement to be true. A person making such a false statement can be restrained by interim or perpetual injunction, and for the purpose of granting an interim injunction primâ facic proof of the falsity of the statement is to be sufficient. A candidate is not to be liable or subject to any incapacity, nor shall his election be avoided, by reason of any illegal practice under this Act committed by his agent, unless it can be proved that the candidate has authorised or consented to it, or has paid for the circulation of false statements, or unless, on an election petition, the court shall find and report that the election was procured or materially assisted in consequence of the making or publishing of such false statements.
Cap. 8 is the Merchant Shipping (Seamen's Allotment) Act. It had no difficulties to face at any stage of its passage through Parliament, and this is perhaps natural, for its sole purpose was to interpret the existing law as set out in sect. 141 of the Merchant Shipping Act 1894 and sect. 62 of the similarly entitled Act of 1906. The effect of these two sections upon each other in the matter of the payment of seamen's allotment notes has been the subject of doubt, and this Act now decides that, by an agreement with the master, an allotment note may be granted to a seaman providing for (a) payment of more than one-half of the wages, and (b) for payment at a period earlier than one month from the date of the agreement with the crew and at intervals more frequent than a month.
Cap. 9 is entitled the Public Libraries (Art Galleries in County Boroughs) (Ireland) Act. It is a Government measure, but is of no interest to the Legal Profession, as such, in this country. It extends the penny rate in the pound for rating purposes where an art gallery is established, and deals in rather a curious and hypothetical method with the position which would arise if certain specified works of art become vested in or lent to a certain Irish municipal body.
The Intestate Husband's Estate (Scotland) Act (cap. 10) is, as its title implies, of importance chiefly across the Border. The estate of an intestate husband not exceeding in value £500 is given to the widow absolutely and exclusively; if it exceeds this sum, then the widow is to be a creditor on the estate for the sum of £500, with interest from the date of the death. This provision for the widow is in addition and without prejudice to her rights as to share of residue-the rights of terce and jus relicta. following sections explain how the estate is to be valued.
The Government measure to enable orders to be made to safeguard live poultry from needless suffering is entitled the Poultry Act, and appears as cap. 11. It was introduced by Earl Carrington, and experienced no difficulty in obtaining the general consent of both Houses. The modus operandi is to extend the Diseases of Animals Act 1894 so that it shall be read as if, among the purposes for which orders' can be made under sect. 22 thereof, there were included the following purposes: (a) Conveyance by land or water
or in connection with their exposure for sale and disposal after sale, and (b) for requiring the cleansing and disinfection of receptacles or vehicles used for the conveyance of live poultry. The Act gives power to an inspector to examine live poultry and any receptacle or vehicle, and permits him to enter any vessel or premises in which he has reasonable grounds for believing that live poultry are in course of conveyance or packed for conveyance. For the purposes of this Act "poultry " includes domestic fowls, turkeys, geese, ducks, guinea-fowls, and pigeons. Nothing is said as to the trade now going on in live pheasants and partridges.
Cap. 12 may be passed by with a very brief reference, for it has no practical bearing on the work of the average legal practitioner on this side of St. George's Channel. The Public Health (Ireland) Act gives powers to make by-laws as to the inspection of meat to urban district councils in Ireland.
Cap. 13 is the Parliament Act, the magnum opus of the session, and probably one of the most momentous measures passed for many years. Its history is so recent that it may be for our purposes summarised as the House of Commons' reply to the action of the House of Lords in taking certain steps in regard to an earlier measure dealing with finance. The Bill as introduced was, in effect, identical with that introduced in 1910. The Parliament Act in its final form contains seven operative sections. The first of these enacts that if a Money Bill is sent up to the Lords at least one month before the session ends and is not passed within that month the Bill is, unless the Commons direct to the contrary, to pass without their consent. A Money Bill is defined as a public Bill which, in the Speaker's opinion, deals only with the imposition, repeal, remission, alteration, or regulation of taxation, and so on. Before the Speaker gives a certificate that it is a Money Bill, he is, if practicable, to consult two members to be appointed from the Chairmen's Panel at the beginning of each session by the Committee of Selection. Sect. 2 restricts the power of the Lords as to Bills other than Money Bills. Any public Bill passed by the Commons in three successive sessions (whether of the same Parliament or not) and sent to the Lords a month before the session ends can, on the rejection by the Lords, become law without their consent. This provision is not to take effect unless two years have elapsed between the date of the second reading in the first of the sessions and the date on which it passes the Commons in the third of those sessions. The Speaker is to certify that the provisions of this section have been duly met. A Bill will be deemed to be rejected if the Lords do not pass it either without amendment or with such amendments only as may be agreed by both Houses. The Speaker's certificate is to be conclusive and cannot be questioned in any court of law. Bills passed under such conditions will vary from the customary formula in their introductory words SO as to represent that they are enacted by and with the advice of the Commons accordance with the provisions of the Parliament Act 1911 and by authority of the same." Public Bills are not to include Bills for confirming Provisional Orders. Sect. 6 prevents diminution or qualification of any existing right or privilege of the Commons. Then comes a section of only two and a half lines making the very important constitutional change of substituting five years for seven years as the maximum life of Parliament under the Septennial Act i715.
Cap. 14, the Isle of Man (Customs) Act. This may be dismissed at once with the statement that it merely continues certain duties leviable in that island in respect of tea, tobacco, spirits, ale, and beer.
The Appropriation Act, which forms cap. 15, may again be shortly treated, for it formally applies the sums granted in the session for the various public objects. It requires no further description.
On the Old Age Pensions Act (cap. 16) there has been a very considerable measure of debate, but the subject has not perhaps received a very adequate consideration from an expert point of view. This measure in its initial stages was not under Government auspices, for it was introduced by Capt. Jessel, but a certain resolution passed by the Commons, to the effect that it is expedient to make further provision, out of moneys provided by Parliament, for old age pensions,' caused the Government to adopt a more than neutral attitude to it. In consequence, at a later date, Mr. Hothouse virtually took it over, and, having caused amendments to be made in it, the Bill proceeded to the House of Lords, where only drafting alterations were made. These were duly accepted by the Commons. The Act lays down first how age is to be calculated. A person is to be regarded as having attained the age of seventy or sixty on the commencement of the day previous to the seventieth or sixtieth anniversary. Sect. 2 removes some difficulties and anomalies in the calculation of means. Account is to be taken of the yearly value of property belonging to persons (not being personally used or enjoyed) which is invested or put otherwise to profitable use. If not so invested, its yearly value is to be taken to be one-twentieth part of its capital value. Again, account must be taken of the income which may reasonably be expected to be received during the succeeding year in cash, excluding any sums receivable on account of an old age pension, and excluding sums arising from the investment of property not personally used or enjoyed. That income is, prima facie, to be looked on as the income actually received during the preceding year. Account has further to be taken of the yearly value of any advantage accruing from the use or enjoyment of property personally used or enjoyed, except furniture and personal effects where the total value of these do not exceed £50. Lastly, it is necessary to take into account the yearly value of any benefit or privilege. An important sub-section deals with a point upon which