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BERNSTEIN (Sigmund), South Hampstead. Nov. 24; Russell and Arnholz, 3 and 4, Great Winchester-st, E.C.
Buss (Julius), Westminster and Sydenham. Nov. 20; Light and Fulton, 1, Laurence Pountney-hill, Cannon-st, E.C.
BURGE (Caroline Anne), New Cross. Dec. 2; Beckingsale and Co., 34,
BINGHAM (Herbert Frangopulo),
Nicaragua. Nov. 16; Gilbert Samuel and Co., 5 and 6,
Great BOND (Herbert William), who died at Cook's River, Sydney, New South Wales. Dec. 15; A. C. Moore, 23, Essex-st, Strand Sols., Kingsford, Dorman, and Co., 23, Essex-st, Strand.
BRIGGS (Elizabeth Smith), York. Nov. 18; G. W. Prince, at the offices of Dent and Scruton, York.
BRIGGS (James), York. Nov. 18; B. Dent, at the offices of Dent and Scruton, York.
BOULANGER (Francis Isidore), Margate. Nov. 17; T. W. Gomm, 59,
BROWN (George), Stechford. Nov. 13; J. Glaisyer, Birmingham.
BROADHEAD (John), Sheffield. Nov. 30; Wake and Sons, Sheffield. BACKHOUSE (Edmund), Trebah, Falmouth. Nov. 30; Lucas, Hutchinson, and Meek, Darlington.
COYNE (Michael), Chelford. Nov. 30; Barclay and Co., Macclesfield. CHAMBERLIN (Alfred), Finsbury Park. Nov. 30; Andrew, Wood, Purves, . and Sutton, 8 and 9, Great James-st, Bedford-row, W.C. Cook (Edward Arthur), Fenchurch-st, E.C.; Fulham; and Framlingham. Dec. 1; Loxley, Elam, and Gardner, 80, Cheapside, E.C. COUNIHAN (Jeremiah), Manor Park. Nov. 20; H. Morris, Queen Anne'schmbrs, Broadway, Westminster. CLIFTON (John), Muston. Dec. 1; H. Thompson and Sons, Grantham. COOKE (Charles Wallwyn Radcliffe), Malvern and Much Marcle. Dec. 1; the executors, at the offices of T. Cannon Brookes, Norfolk House, Norfolk-st, Strand, W.C. Nov. 16; Crossman, Prichard, Crossman, and Block, 16, Theobald's-rd, W.C. COBB (Clara Munro), Sutton. Nov. 24: Bridgman, Willcocks, Cowland, Hill, and Bowman, 4, College-hill, Cannon-st, É.C.
COOK (Frederick Richard), Shoreditch, and St. Albans.
COPE (Rebecca), Montague-mans, Baker-st. Nov. 20; C. Howard Austin, 4, Clement's-inn, Strand, W.C.
DRUCE (Caroline Ellen), Dulwich. Nov. 18; Druces and Attlee, 10, Billiter-sq, E.C.
DENLEY (Mary Jane). Devonport. Dec. 1; J. A. Pearce, Devonport. DRYNAN (William), Romford. Dec. 2; Aird, Hood, and Co., 4, Brabantct, E.C.
DUKES (Bernhard), 1. Great James-st, Bedford-row. W.C., and North
FARROW (James Richard), Royston. Nov. 22; H. F. J. Banham,
FOSTER (Bernard Cunliffe), Towcester. April 10; Ginn and Co., Cambridge.
FURNISS (Edwin), Westgate, Mansfield. Dec. 1; A. Neal and Co., Sheffield.
GARDINER (William), Buenos Ayres. Nov. 30; Trower. Still, Parkin, and Keeling, 5, New-sq, Lincoln's-inn, W.C.
GOWARD (Frederick). Manor Park. Nov. 10; C. Savage and E. P. Angus, at the office of R J. Twyford, 69, Moorgate-st, E.C.
GARLAND (Robert), Harrogate, or GARLAND (Ann). Nov. 2; Raworth and Co., Harrogate.
GILLMAN (William Henry), Devonport. Nov. 30; J. A. Pearce, Devonport.
GLEDHILL (John), Chorlton-on-Medlock. Nov. 24; Brooks, Marshall, and
GOULD (George Thomas Harrison), Stalbridge. Nov. 3; W H Creech, Sturminster Newton.
GREEN (George). Highgate. Dec. 1; Rubinstein, Nash, and Co., 5 and 6, Raymond-bldgs, Gray's-inn, W.C.
GREVATT (Mary), Brighton. Nov. 22; W. H. Cockburn and Son, Brighton.
HAMLIN (Edward Campbell), Bristol. Nov. 30; Wright, Hassall, and
HOLDSWORTH (Samuel), Poole. Forthwith; W. Hatton Budge, Poole.
HUNTER (Isabella), Saltburn-by-the-Sea. Nov. 22; Storey and Hopper,
How (Horace Thomas), Hornsey, and Fore-st. Nov. 30; Muir, Moody, and Co., 6, Grocer's Hall-ct. Poultry, E.C. Sols., Edgar Robins and Grimsdall, 11, Pancras-la, Cheapside. E.C.
HOWARTH (Lieut.-Col. William Conquest), St. Leonards. Dec. 1; Gould and Coombe, Sheffield.
HARGRAVE (Harriett), Upper Marylebone-st. Nov. 20; Public Trustee and J. E. Jacobs, at the offices of Few and Co., 19, Surrey-st, Strand, W.C.
IRVING (Jane), Dalston. Nov. 25: S. and H. S. Cartmell, Carlisle. IRVING (Frederic), East Guldeford. Nov. 20; Dawes, Son, and Prentice," sols.
JONES (Mary Ann), Lees, Oldham. Dec. 1; E. Rowbotham, Oldham. JORTIN (Henry William Lee), Dieppe, France. Nov. 19; Lee and Pembertons, 44, Lincoln's-inn-fids, W.C.
JACOB (Major-Gen. Henry Ebenezer), Winchester. Nov. 24; A. M.
KINGSTON (Rev. Edwin James Bromley), Norton in the Moors. Dec. 8;
KENNARD (Henry Martyn), 63,
Low (George), Balham-hill and Fenchurch-av. Nov. 21; C. F_Fdney, 56, Bromley-rd. Catford, and F. Edmonds, 32, Old Park-av. Balham, or their sol., W. J. Hellyar, New Broad-st House, 35, New Broad-st, E.C.
LANE (Edwin). Kimmeridge. Nov. 27; E. S. Clark, Wareham.
LORING (Caroline Lyttelton). Kensington. Nov. 30; Walker, Martineau, and Co., 36, Theobald's-rd, Gray's-inn, W.C.
MASON (James), Kendal. Nov. 3; Watson and Chorley, Kendal. MARSHALL (Rev. Francis Cotton), Teignmouth. Nov. 30; C. B. Margetts, Huntingdon.
MCMASTER (Mary Eliza), Bournemouth. Nov. 24; Rundle and Hobrow, Portland House, Basinghall-st, E.C.
NOTLEY (Margaret), Westgate, Ripon. Nov. 23; W. H. Hutchinson, Ripon.
OWEN (Richard), Brynsiencyn. Nov. 13; D. Owen, Bangor.
PUZEY (Sarah Ann), Walham Green. Nov. 2; Calder Woods and Pethick, 6, Lancaster-pl, Strand, W.C.
PUZEY (Thomas_Stephen), Walham Green. Nov. 17; Calder Woods and Pethick, 6, Lancaster-pl, Strand, W.C.
PRATT (Anna Ellen), Teignmouth. Nov. 18; Tczer and Dell, Teignmouth.
PEARSE (Emily), Plymouth. Dec. 1; J. A. Pearce, Devonport.
ROBERTS (Elizabeth), Maesycymmer. Dec. 1; Lewis, Jones, and Co.,
RICHARDSON (Rose Marion), Brighton. Nov. 25; R. King-Stephens, 29, Essex-st, Strand.
STUBLEY (Frederick Abraham), Stoneycroft and Liverpool. Nov. 21; L. E. Menzies and Co., Liverpool.
SANDERSON (William), Roseacre, Kirkham. Nov. 17; J. R Gaulter, Fleetwood.
SHEPHEARD (John), North Walsham. Nov. 30; Purdy and Holley, Aylsham.
SIMMONDS (Alfred), Anerley. Nov. 20; H. C. Knight, 2, South-sq, Gray's-inn.
SHAW (Jane), Buglawton. Nov. 7; Cobbett, Wheeler, and. Cobbett, Manchester, and H. L. and W. P. Reade, Congleton. SHEKELL (James), Handsworth. Nov. 30; E. Jaques and Sons, Birmingham.
SAVAGE (Mary), Aldridge. Dec. 20; E. Evans, Walsall."
SANDFORD (John), Letton. Dec. 5; Humfrys and Symonds, Hereford. TAYLOR (Thomas Richard), Southport. Nov. 1; B. C. W. Taylor, Wigan. THRUSTANS (Mary Ann), Havant. Nov. 15; Shelton and Co., 3, New-ct, Lincoln's-inn, W.C.
TAYLOR (William John), Vigo-st, Regent-st, and Acre-la. Nov. 30; J. B. Roberts, 36, Basinghall-st, E.C.
THORINGTON (James), Thundersley. Nov. 7; Wood, Son, and Langton,
WYNDHAM (Agnes Ludlow), Hyde Park. Devizes.
Dec. 4; Jackson and Jackson,
WHARTON (Josiah), Thornton-le-Fylde. Nov. 17; J. R. Gaulter, Fleetwood.
WENDEN (Charles), Braintree. Nov. 18; Holmes and Hills, Braintree.
WILD (Edmund), Heap Bridge, Bury. Nov. 18; F. Howarth and Son,
WOLFENDEN (Sarah Ann), Clitheroe. Nov. 20; Wilson, Eastwood, and Ramsbottom. Clitheroe.
WHITLOCK (William Bulstrode). Bromlev. Nov 30; Hogan and Hughes, 7, Arthur-st West, London Bridge, E.C.
Messrs. Taylor's Typewriter Company Limited, of 74, Chancerylane, have secured the sole agency for Great Britain and Ireland for the New Standard Folding Machine. This is the lightest machine at present on the market, weighing 53lb., and is an ideal instrument for travellers. It also possesses the advantage of visible writing and writes in two colours. The price we understand is £12 12s.
The objects of the Mineral Owners' Association of Great Britain which has been formed are: The protection of the property of mineral owners, and the advancement of their rights and common interests; the resistance of unjust or unreasonable claims for duty; the composing of disputes with the Revenue, or other department of the Government, or with any public authority; the institution or defence of legal proceedings; the amendment of Acts of Parliament and the promotion and supervision of legislative measures affecting mineral owners; the communication with members and officials of the Government, of any public authority, and of the Houses of Parliament, in respect of any matter affecting mineral owners; the redress or removal of any grievance or burden, and the promotion and support of measures and objects for the benefit of mineral owners, the doing all or any of the above things either alone or in concert with any other body or person; and the raising of funds for all or any of the foregoing purposes.
The Local Government Board has authorised experimentally the institution of a register of those casuals who are identified by the board's officers as habitual vagrants. This register. which is under the control of the Metropolitan Poor Law inspectors, has now been in operation for some months, and particulars of nearly 1000 persons of this class have already been recorded. Certain charitable agencies, dealing with homeless persons, have now been invited to supplement the register by contributing records of such persons applying to them as it appears desirable should be registered. By this means an important step has been taken in the direction of concerted action between the authorities and voluntary agencies and the prevention of overlapping and checking of imposition.-Times.
MAGISTRATES' CASES.-Cox's Reports of all Cases decided by the Superior Courts relating to Magistrates, Municipal, and Parochial Law. In parts, 5s. 6d.--HORACE Cox, "Law Times" Office, Windsor House, Bream's-buildings, E.C.- [ADVT.]
SOLICITORS' MANAGING CLERKS' ASSOCIATION.
LORD JUSTICE BUCKLEY presided at the inaugural meeting of the
Mr. Alexander Grant, K.C., lectured upon "The Reconstruction and Amalgamation of Companies." Having stated in detail what reconstruction or amalgamation meant, he spoke of the position of the preference shareholders, who, he said, could not, in the absence of some provision in the articles of the old company, receive any priority, so that all would have to take ordinary shares: (Griffith v. Paget, 5 Ch. Div. 894). It was, however, common to find in the articles a clause providing that a distribution on a winding-up might be made otherwise than in accordance with the strict legal rights of the contributories, and so the shares of the new company could be divided into preference and ordinary. But the most serious difficulty in a reconstruction arose if it was resisted by a discontented shareholder, who could, by clause 192 of the new Act, by expressing his dissent in writing within seven days from the confirmation of the resolution, compel the liquidator either to drop the reconstruction or to purchase his shares, and the purchase price was to be settled by arbitration. The funds for the purchase of the interests of the dissentient shareholders had to be provided by the new company, and it was obvious, therefore, that, if a considerable body of shareholders were likely to dissent, a reconstruction might become impossible because of the necessity of finding the cash, of which the company was already short. It was obvious that a dissentient shareholder did not often get much value for his shares in an arbitration, but he sometimes not unnaturally preferred to cut his loss and get what he could instead of running the risk of losing more money. It was clear that the section must often present a serious difficulty in the way of reconstruction, either from the fact that the dissentient shareholders would be too numerous to deal with, or from the absence of any cash to pay them. Attempts had therefore been made to evade the section and so dragoon all the shareholders into the new company. One of such methods was to sell under a power of sale contained in the memorandum, and it was thought that such a sale could be validly carried out even if the shares given in exchange for the property were only partly paid. The result was that the shareholders were either compelled to take shares in the purchasing company carrying a liability in exchange for their fully-paid shares, or to let such shares be sold in the open market for what they would fetch. The validity of a sale under the memorandum for partly-paid shares was attacked in Bisgood's case (1908) 1 Ch. 743), when it was decided by the Court of Appeal that such a sale was invalid; and it seemed to be clearly right for the reasons set out in the judgment (1) that a company could not in the memorandum take power to put an end to its existence; (2) that the scheme is really adding an additional claim for uncalled capital beyond the nominal amount of the shares held; (3) that in a winding-up a shareholder was entitled to receive either (a) cash or (b) liquid assets representing cash. He could not be compelled in a winding-up to take over a liability, yet to allot or transfer to him a partly-paid share was to saddle him with a liability which he could not immediately escape by transferring the share. The question had not been carried to the House of Lords, but, if it were, this decision was practically certain to be upheld, as it was entirely consonant with the policy of the court in a winding-up to preserve the right under sect. 192 of the dissentient shareholder: (see Re Canning Jarrah Timber Company (82 L. T. Rep. 409; (1900) 1 Ch. 708). Another device was, however, more successful-namely, that of reconstruction by exchange of shares. This method consisted of dealing only with the assenting shareholders, who transferred to the new company their shares in the old company, which was not wound-up, receiving in exchange shares in the new company. The new company did not take over the assets of the old company, but was a mere shareholding company, and, if it got, as it was necessary it should, a three-fourths majority of the shares of the old company, the position of the minority of the old company became untenable, for the new company had complete control over the old, and was enabled to manipulate its affairs, without breaking the law, so as to render the shares of the dissentient shareholders practically valueless. In theory, the minority could attack the new company on the ground of such manipulation, but such a case was always extremely difficult, and almost invariably the result of such an exchange would be to squeeze out the dissenting minority. He then dealt with the question of underwriting, pointing out the difficulty in the case of reconstruction, and the two ways in which it was attempted to be got over. In the first, the underwriting was undertaken by some person or company who could give the new company something equivalent to the amount credited as paid up on the shares which the underwriter had to take up. This was not very satisfactory, and the scheme sometimes had the unpleasant appearance of being a merely colourable device. Or the underwriters could agree to take over at a nominal price all or any of the partly-paid shares of the new company which its shareholders refused to take up, and so to stand in the shoes of those shareholders. But this also presented difficulties, though the scheme had been adopted in many cases; and in Barrow v. Parinea Mines
(1909) 2 Ch. 658) it was held that such a scheme was an ordinary underwriting arrangement and perfectly valid and legal within the terms of sect. 89 of the Act.
Lord Justice Buckley, in responding to a vote of thanks, said that Mr. Grant had referred to the fact that Sir Francis Palmer had frequently differed from the decisions of the Court of Appeal in company matters. He (Lord Justice Buckley) remembered a good many years ago, when he was in consultation with Sir Horace Davey, that someone said, with reference to a particular point, "Yes, but, you know, Vice-Chancellor Bacon has decided that point.' Sir Horace Davey, with that testiness he sometimes exhibited, said, Yes, yes, I know that; but we have to consider whether the Vice-Chancellor was right." In exactly the same way, he thought Sir Francis Palmer was perfectly entitled to consider whether the Court of Appeal or the House of Lords was right, and if he had the misfortune not to agree with them, he (Lord Justice Buckley) did not see why he should not say so. He was pretty well inured to Sir Francis Palmer saying he was wrong. He had said so so often that he began to think Sir Francis Palmer thought he was wrong simply because he had said a certain thing. But it must be borne in mind that Sir Francis Palmer had not to bear the responsibility of a judge, who had to pronounce an opinion that was going to bind his fellow-subjects. Sir Francis Palmer did not enjoy the advantage, which a judge on the Bench did, of having persons of perhaps the keenest intellect to be found in the country arguing everything to be said on one side and the other of the case, and any opinion was much better formed if it was formed after hearing the strenuous arguments of both sides. He thought the mind was so constituted that a man was not capable of such good work sitting in his own room thinking out a matter for himself as when he saw the conflict of wit against wit, and the arguments he had before him stirred him to the consideration as to who was right and who was wrong. He believed that the best decisions were arrived at after such a discussion, and that the man who sat in his room had not so good a chance by a long way of deciding what was right as had the judge.
THE twenty-ninth annual meeting of the Hertfordshire Law Society was held at the Law Society's Hall, Chancery-lane, W.C., on Wednesday, the 18th inst. Mr. S. M. Robinson, of St. Albans, was elected president and Mr. F. A. Wright, of Hitchin, vicepresident of the society for the ensuing year. Mr. C. E. Longmore, was re-elected hon. secretary and treasurer. The annual report was received and adopted, and the subjects of land transfer and the County Courts Bill were considered. The members afterwards dined together at the Law Society's Hall, Chancery-lane, when, amongst others, the following were present: Mr. S. M. Robinson (president), in the chair; the president of the Law Society; Sir Henry Johnson; His Honour Judge Tindal-Atkinson, His Honour Judge Wheeler, Mr. H. F. J. Banham, Mr. F. B. L. H. Beal, Dr. W. Osborn Boyes, Mr. W. Archibald Boyes, Mr. S. P. B. Bucknil, Mr. A. Clark, Mr. E. R. Cook, Mr. B. H. R. Daltry, Mr. E. P. Debenham, Mr. T. R. Colquhoun Dill, Mr. R. Ellett, Mr. S. J. Ellis, Mr. E. Houghton Fry, Mr. Forrest Fulton, Mr. Eustace Fulton, Mr. L. J. Fulton, Mr. J. S. P. Godsell, Mr. J. B. T. Gough, Mr. H. S. Hawks, Mr. M. T. Hodding, Mr. S. W. Howe, Mr. J. D. Hunt, Mr. F. C. E. Jessopp, Mr. N. E. Kelly, Mr. A. J. G. Lindsell, Mr. C. E. Longmore, Mr. P. R. Longmore, Mr. P. E. Longmore, Mr. R. A. Nelson, Mr. T. Ottaway, Mr. C. F. Part, Mr. E. Gray M. Phillips, Mr. J. K. Riggall, Mr. H. T. P. Royle, Mr. L. F. Smeathman, the Mayor of St. Albans, Mr. Neville R. Sworder, Mr. E. H. Tindal-Atkinson, and Mr. F. Wilson.
NOTES AND QUERIES.
This column is intended for the use of members of the Legal Profession, and therefore queries from lay correspondents cannot be inserted. Under no circumstances are editorial replies undertaken.
None are inserted unless the name and address of the writer are sent, not necessarily for publication, but as a guarantee of bona fides.
39. SOLICITORS' CERTIFICATES-STAMP DUTY.-I was admitted in Jan. 1908, and since that time I have taken out country certificates. My current certificate, taken out in Nov. 1910, bore a stamp of £3, the half duty payable by reason of my not having then been admitted three years. On my recently commencing to practise in London, I tendered my certificate to the Revenue authorities, in order that it might be stamped with an additional £1 10s.. the difference between the London and country duty. The authorities, however, insisted on my paying an additional £6, making up the full London duty of £9, and I have had to make this payment. If I had paid the London duty at the beginning of the current year, it would have been only £4 10s., but, although I have practised in the country over ten months out of the year. I am called upon to pay in all £9. My submission to the authorities was that the certificate could only be taken out once in a year, and that it could only be chargeable with the duty payable at the time it was taken out. Can any of your readers throw light on this point? WILLIAM GEORGE ELSMORE.
40. INCOME TAX.-A., in contemplation of his marriage with B., entered into a covenant for the payment to her during her widowhood, if she survived him, of an annuity of £250 per annum, but did not settle any sum to answer the amount. He has now died leaving real and personal estate and his will does not refer to the annuity nor make further provision for the widow, nor is there a trust for conversion. His personal estate is, as it was at the time of his marriage, insufficient to pay the annuity in full out of the income thereof, if invested, or to purchase an annuity. It is proposed, therefore, to pay the annuity out of income and capital, and, when the personal estate is exhausted, to have resort to the real estate, the rents of which will be more than sufficient to satisfy the annuity in full. Will the trustees of the will be entitled to retain income tax on the whole of the annuity, and will they be bound to account to the Inland Revenue Authorities for the tax which has been deducted in respect of such part of the annuity as has been raised out of capital, particularly as income tax will be paid in respect of the whole of the rents and profits of the deceased's estate, real and personal, and resort to the personal estate (income and capital) for payment of the annuity is merely a natter as between the residuary legatees and devisees. W.
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.
UNIVERSITY OF LONDON.
METHODS OF LEGISLATION.
LORD JUSTICE FLETCHER MOULTON took the chair on Wednesday at a lecture at the University College on this subject.
Sir Courtenay Ilbert (Clerk to the House of Commons) said he should deal with the law which was enacted by the Legislature, including the rules made by persons or bodies deriving their authority from the Legislature, but not what was sometimes called judge-made law that was to say, the interpretation, development, and application of common law or enacted law. It was with the making, not the interpretation, of enacted law that he was concerned. In every self-governing dominion of the Empire the instrument of constitution always contained a provision that the procedure of the Legislature was, in the absence of special direction, to be in accordance with Parliamentary rule, and both the constitution and procedure of all modern Legislatures, with a very few exceptions, might be traced back to a single prototype-the Parliament which sits at Westminster. There were four stages through which a legislative measure had to pass before it took effect as law-namely, (1) the preparation of the measure; (2) its passage through the Legislature; (3) its formal enactment; (4) its publication. On the enormous importance of having the draft of a measure carefully prepared before its submission to a popular Legislature it was unnecessary to dwell. Yet this importance was still imperfectly realised in some civilised countries. In our own country the office of the Parliamentary counsel, which was responsible for the preparation of Government Bills, dated from 1869. The work of the office was exceptionally difficult and laborious; it was done under tiring and exhausting conditions, and, although it was subjected to stringent criticism, it had, in the opinion of competent judges, accomplished much in improving the form of our statute law. The office was responsible only for Government Bills and for such alterations in Bills introduced by private members as were required by the Government as conditions for the grant of facilities in their passage through the Legislature. In the number of public Bills which succeeded in becoming law the proportion of private members' Bills was very small, and there were some who regretted the small and probably decreasing share taken by the private member in the initiation of measures which were destined to find their place on the statute-book. He did not share that regret. It was for the interest of the public that the laws by which they were to be governed should be carefully prepared, and, though no one would think of proposing to reserve to the Government the right of introducing Bills, yet it would be impossible to place at the disposal of every private member the services of the trained and skilled staff who assist the Government in the preparation of their Bills. But the Bills introduced by private members were of great value in suggesting and pressing upon the attention of the Legislature and the Government proposals for the improvement of the law, and they frequently supplied materials which formed the basis of useful legislation. A decisive step in the history of English legislation was the transition from legislation on petition to legislation by Bill. In the earliest ages of Parliament, the House of Commons was not a legislating body, but a petitioning body. Having traced the steps by which the House of Commons gradually arrived at its present form of procedure, he said that the system of standing committees had, on the whole, worked well, and, as a rule, the proceedings had been quiet and businesslike. Common sense and the practice of companies and other associations suggested that the details of a draft could be better discussed in a small than in a large body, and room could usually be found on every standing committee for every member who was qualified by special interest or knowledge to take part in its proceedings. But when the discussions raised important questions of general principle, as they sometimes did, there was a real difficulty in excluding
these questions from the consideration of the whole House, and there was a tendency to meet that difficulty by raising the questions again when the Bill, as reported by the committee, was considered by the House. It had sometimes occurred to him that the general discussion of principles which took place on the second reading of a Bill might be supplemented by instructions laying down for the guidance of the committee general rules on particular points of importance, and that thus the issues might be sifted by distinguishing principles from details. No one pretended that the legislative procedure of Parliament was satisfactory; but it must be remembered that the problem of legislating through the agency of a representative and popular assembly, the necessity for which was admitted by every free country, had nowhero been satisfactorily solved, and he doubted whether we could from the procedure of other Legislatures derive many useful hints for our own. He asked how far had the Legislature in recent years been successful in improving the form of the English statute law? What was it that was mainly responsible for the unintelligible form of many Bills, and especially for the abuses of that method of referențial legislation that was so generally criticised? Surely it was the chaotic and fragmentary condition of our statute law, which made an amending Act a new and ugly patch on a complicated piece of patchwork. The measures of consolidation which had passed attracted little interest inside the House, and, in spite of their admitted utility, they were not really popular ouside it, especially among the older members of the Legal Profession; for, when one had spent laborious days and nights in mastering the old statutes, it was a nuisance to have to familiarise oneself with new language, numbering, and arrangement. Thanks mainly to the practical interest shown in the subject by the present Lord Chancellor and to the great pains which he had bestowed upon it, reasonably good progress was being made, and, if one bore in mind the difficulties and obstacles in the way of passing these measures, the number of consolidation Acts which had become law in recent years was quite encouraging. The Licensing Consolidation Act of 1910 supplied gratifying evidence that, in dealing with measures of this kind, the House would place great confidence in their committees, if there was reason to believe that their work had been carefully and thoroughly done. The Lord Chancellor's Perjury Act of the present year effected an enormous simplification of the law. He hoped that the same process would be applied to other branches of the criminal law as embodied in statutes. With regard to revising the form of a Bill after it had passed through committee or had been allowed to pass through its earlier stages without careful examination, it would be easy for the House of Lords to constitute an effective revising body by forming a small legislative committee. But it was not easy to combine the functions of a revising body, accepting the principles of a measure and merely endeavouring by improvement of form to give better and fuller effect to those principles, with a claim to exercise co-ordinate legislative authority.
Lord Justice Fletcher Moulton, in proposing a vote of thanks to the lecturer, spoke of the trouble of interpreting the laws that were made. Bills were carefully drawn and one must give to the Legislature the merit of having had a consistent idea throughout, and must feel certain that the amendments had been accepted as compromises, and that the whole had been produced by the most diverse intellects that 670 people sitting together could bring to bear. He often thought that- the process of forming an English law were as if a delicate instrument should be constructed by the most skilled workmen, and then that a healthy young blacksmith should be set to bang at it with a sledge hammer. He knew the office which drafted a Government Bill and the ability of the men who worked there, but it was no wonder that after its subsequent treatment the Bill became a puzzle. The consolidation of the statutes formed the real method of codification which assisted the English system of law. Fortunately, this codification was so perfectly unintelligible to the ordinary member of Parliament that he let it pass without attempting to interfere with it.
LAW STUDENTS' UNION OF ENGLAND AND WALES.
THE fifth general meeting will be held on Friday, the 3rd Nov., at the Monico Restaurant, Regent-street, W., at 6 for 6.15 p.m., when the chair will be taken by Mr. H. R. Pyke. Agenda: To pass the minutes of the last general meeting; to receive and pass the reports of the committee, the registrar, and the group secretary respectively; to receive and pass the accounts for the year ending the 30th Sept. 1911; to elect a committee and auditor for the year ending the 30th Sept. 1912; to make the draft rules operative until the 1st Oct. 1912; to authorise the committee at their discretion to continue to publish Practice Points for another year; to consider the advisability of continuing to have club headquarters; Motion-"That barristers, solicitors, articled clerks to solicitors, clerks who have been articled to solicitors, and Bar students be eligible for membership of the union" (Mr. W. S. Jones).
The fifth examination dinner and smoking concert will be held at the Monico Restaurant, Regent-street, W., on Friday, the 3rd Nov., at 7.15 for 7.30 p.m. The chair will be taken by Mr. W. J. Humirys, the president of the Law Society. The dinner and concert are open to all law students, whether members of the union or not. Tickets 5s. each. Evening dress optional.
THE LAW SOCIETY. THE fourth term of the year will commence on Thursday next, the 2nd Nov., on which and the following day the principal will be in his room at the society's hall for the purpose of being consulted by students. Lectures and classes begin on Monday, the 6th Nov. The subjects offered for Final students are (i.) Torts and Personal Property (Mr. Latter), (ii.) the Practice of Conveyancing (Mr. Uthwatt), and (iii.) Sale of Goods (Mr. Wright); and for Intermediate students, (i.) Things Real (the principal), (ii.) Things Personal and Rights in Private Relations (Mr. Gwyer), (iii.) Law of Crimes (Mr. Gwyer), and (iv.) Trust Accounts (Mr. Dicksee). Revision classes will be held in (i.) Contracts (Mr. Gwyer), and (ii.) Probate, Ecclesiastical, and Admiralty (Mr. Langridge). New classes will be commenced in (i.) Jurisprudence (the principal) and (ii) Roman Law (Mr. Uthwatt) for the LL.B. Intermediate Examination. Full particulars can be obtained on application to the principal.
LAW STUDENTS' DEBATING SOCIETY.--At a meeting held at the Law Society's Hall, Chancery-lane, on the 24th inst. (chairman, Mr. W. S. Jones), the subject for debate was: "That in the opinion of this House the Trades Disputes Act 1906 should be repealed." Mr. W. S. Meeke opened in the affirmative, and Mr. H. G. Meyer in the negative. The following members continued the debate: Messrs. Chadwick, Enness, Burgis, Willcocks, King, Strickland, Young, Davies, Hickman (visitor), Pleedwell, Skeels. The motion was carried by ten votes.
PLYMOUTH, STONEHOUSE, AND DEVONPORT.-The thirty-seventh session was opened with a well-attended annual meeting at the Law Library, Plymouth, Mr. E. Vosper presiding. The reports of the committee, the hon. treasurer, and hon. librarian were respectively presented and duly adopted. Mr. J. Y. Woollcombe was elected president for the ensuing session. Mr. Cedric H. Akaster was re-elected secretary, and Mr. Norman J. Bickle librarian. B. H. Prance was appointed treasurer, and Messrs. H. J. Holland and F. S. Murray auditors. Mr. R. A. P. Johns was elected with Messrs. C. J. Geldard and J. Woolland to form the committee. Three new articled clerks were elected, Messrs. S. Burridge, B. H. Chowen, and A. F. S. Harris, B.A.-The first ordinary meeting of this society was held on Thursday, the 19th inst., the president, Mr. J. Y. Woollcombe, presiding. There was a large attendance of articled clerks. The subject for discussion was the Law Notes Moot for October. Mr. Cedric H. Akaster opened the debate for the affirmative, and was supported by Mr. H. J. Howland. Mr. S. Leighton Heard, opening for the negative, was seconded by Mr. J. Woolland. Messrs. S. Burridge, C. J. Geldard, and F. S. Murray also spoke. Mr. Akaster having replied, the chairman summed up, and, on the motion being put, the negative was carried by a majority of four votes.
Mr. WILLIAM FEILDEN CRAIES died on Monday last of heart failure after a serious operation. He was the son of Mr. William Craies, manager of the Bank of New South Wales, and was born at Brisbane in 1854. In 1868 he was elected to a scholarship at Winchester, and went on to New College with a scholarship in 1873. He obtained a first class in Classical Moderations in 1875 and in Lit. Hum. in 1877. In 1882 he was called to the Bar, and was the author of law books, including the twenty-third edition of Archbold's Criminal Pleading, On the Construction and Effect of Statute Law, and the seventh edition of Russell on Crimes, and was well known as a writer on legal subjects.
WHARTON'S LEGAL MAXIMS.-With Observations and Cases. Third Edition, price 5s., post free.-HORACE Cox, "Law Times" Office, Windsor House, Bream's-buildings, E.C.-[ADVT.]
COPNALL ON LOCOMOTIVES ON HIGHWAYS.-Post 8vo., price 3s. 6d. -HORACE COX, "Law Times" Office, Bream's-buildings, E.C.[ADVT.]
THE PRACTICE OF INTERPLEADER BY SHERIFFS AND HIGH BAILIFFSWith Acts, Rules, and Forms. By DANIEL WARDE, of the Middle Temple and South-Eastern Circuit, Barrister-at-Law. Second Edition, price 5s. 6d., post free.-HORACE COX, "Law Times "Office, Windsor House, Bream's-buildings, E. C.-[ADVT.]
ASPINALL'S MARITIME LAW REPORTS (New Series).-Containing all the Decisions in the Admiralty Courts of England and Ireland, and in all the Superior Courts, with Notes by the Editor. Parts, price 5s. 6d., will be sent free by post to subscribers.-HORACE Cox, "Law Times" Office, Windsor House, Bream's-buildings, E. C. [ADVT.] HALLILAY'S CONVEYANCING.-A concise Treatise on the Law and Practice of Conveyancing, together with the Solicitors' Remuneration Act 1881, and General Order 1882, and the Land Transfer Acts 1875 and 1897, and the Rules and Orders thereon. Second Edition, price 18s., 750 pages. --- HORACE COX, "Law Times" Office, Windsor House, Bream's-buildings, E.C.-[ADVI.]
THE COURTS AND COURT PAPERS.
Champat Singh and others v. Jangu Singh, since deceasel (now represented by Hanwant Singh), and another: No. 72 of 1909. Part heard. (Oudb). Record received, Sept 15, 1909 Set down for hearing, May 5, 1911.
Raja eri Sri Durga Prasad Singh . Braja Nath Bose and others: No. 108 of 1910 (B ngal). Record received, Sept. 26, 1910. Set down for hearing, May 11, 1911. Saiyid Muhammad Said Khan . Ali Azhar and others: No. 102 of 1910 (N. W. Prov Allahabad). Record received, Sept 7. 1910. Set down for hearing, May 29, 1911. Nawab Ibrahim Ali Khan v. Nawab Muhammad Ahsan Ullah Khan and another; Nawab Muhammad Ahsan Ullah Khan and another v Nawab Ibrahim Ali Khan (Consolidated appeals): No. 16 of 1910 (Punjab). Record received, Jan. 25, 1910. bet down for hearing. May 31, 1911.
Jit Singh, since deceased (now represented by Raghuraj Singh and others) and another v. Maharaj Singh: No. 5 of 1910 (N. W. Pror., Allahabad). Record · received, Jan. 6, 1910. Set down for bearing. June 1, 1911. Jeols Mahton and another v. Loke Narayan Mahton and others: No. 38 of 19:0 (Bengal) Record received, April 9, 1910. Set down for hearing, June 3, 1911. Durga Prasad Lahiri Chowdhuri and another v. Srimati Sashibala Debi and others: No. 31 of 1908 (Bengal). Record received, March 7, 1908. Set down for hearing, July 10, 1911.
Jamna Das r. Pandit Ram Autar Pande and others: No. 135 of 1910 (N. W. Prov., Allahabad). Record received. Dec. 7, 1910. Set down for hearing, Aug. 2, 1911. Mata Din v. Sheikh Ahmad Ali: No. 97 of 1910 (Oudb). Record received, Aug. 31, 1910. Set down for hearing, Aug. 24, 1911.
Thakur in Lekhraj Kunwar v. Thakur Harpal Singh and others: No. 62 of 1910 (N. W. PLOV, Allahabad). Record received, May 3, 1910. Set down for hearing, Sept. 20, 1911.
Syed Mahomed Ibrahim Hossein Khan and another. Ambika Pershad Singh and others No. 16 of 1909 (Bengal). Record received, March 2, 1909. Set down for hearing, Sept. 28, 1911.
Debi Mangal Prasad Singh r. Mahadeo Prasad Singh and others: No. 30 of 1911 (N. W. Prov.. Allahabad). Record received, March 21, 1911. Set down for hear ing, Oct. 6, 1911
Mi Me and others Mi Shwe Ma: No. 38 of 1911 (Upper Burma). Record received,
COLONIAL (EXCEPTING CANADIAN) APPEALS.
Tap Bon Chin v. Jones, Parry, and another: No. 123 of 1910 (Federated Malay States). Record received, Nov. 19, 1910. Set down for hearing, July 12, 1911. The South African Breweries Limited. The Mayor and Councillors of the Borough of Durban No. 113 of 1910 (Natal). Record received, Oct. 17, 1910. Set down for hearing, July 13, 1911.
Cerea v. Appubamy and another: No. 138 of 1910 (Ceylon). Record received, Dec. 19. 1910. Set down for hearing, Sept. 25, 1911.
The Imperial Bank of China r. Leung Shiu Kong: No. 4 of 1911 (Hong Kong). Record received, Jan. 9, 1911. Set down for hearing Oct. 17 1911.
The Commissioners of Taxation of New South Wales r. Adams: No. 37 of 1911 (Australia, High Court). Record r.ce.ved, May 1, 1911. Set down for hearing, O. t. 19 1911.
Khoo Sit Hoh and others v. Lim Thean Torg: No. 31 of 1911 (Straits Settlements).
The Dominion Cotton Mills Company Limited and others v Amyot and others (respondents) and Brunet (intervenant): No. 53 of 1911 (Quebec). Record received, June 1, 1911. Set down for hearing June 1, 1911.
The City of Montreal . The Montreal Street Railway Company (respondents) and
The Winnipeg Electric Railway Company . The City of Winnipeg: No. 49 of 1911 (Manitoba). Record received, May 22, 1911. Set down for hearing, Oct. 6, 19 1. 'The City of Winnipeg r. Toe Winnipeg Electric Railway Company; No. 50 of 1911 (Manitoba). Record received, May 22 1911. Set down for hearing, Oct. 7, 1911. The National Trust Com any Limited v Whicher: No. 31 of 1911 (Ontario). Record rec.ived, March 22, 1911. Set down for heating, Oct. 17, 1911.
Tack y r. McBain: No 72 of 1910 (China). Record received, May 28, 1910. Set down for hearing, April 19, 1911. Heard, May 12 aud 15, 1911. Present: Lords Macnaghten, Mersey, and Robson.
Mir sarwarjan . Fakhruddin Mahomed Chowdhuri and others: No. 26 of 1910 (Bengal). Record received, Feb 19. 1910. Set down for hearing. May 25, 1911. Heard. June 19 and 20, 1911. Present: Lords Macnaghten, Shaw, and Me sey. and Mr. Ameer Ali.
Bir Bikram Dev v. The Secretary of State for Iudia in Council and fourteen connected appeals (Consolidated appeals): Nos. 42 to 56 of 1910 (Cn ral Provinces, India), Kecord received, April 18, 1910. Set down for hearing, June 1, 1911. Heard, June 27, 28, and 29, 1911. Present: Lords Macnaghten, Shaw, and Mersey, and Mr. Ameer Ali.
De Soysa and another . Pless Poll and anctber: No 58 of 1910 (eylon). Record received April 18, 1910 Set down for hearing, May 15, 1911. Heard, July 19, 1911. Present, Lords Macnagh'en, Atkinson, Shaw. and Robson.
The Grand Trunk Pacific Railway Company v. The King: No. 68 of 1910 (Canada, Supreme Court). Record received, May 23, 1910. Set down for hearing. June 11, 1910. Heard, July 20 and 21, 1911. Present: Viscoun: Haldane and Loris Macnaghten. Shaw, and Robson.
The Grand Trunk Pacific Railway Company . The Landowners fronting on Empireavenue and McKellar or Hard sty street, Fort William, and others: No. 126 of 1910 (Canada, Supreme Court). Record received, Nov. 28, 1910. Set down for hearing, May 10, 1911. Heard, July 25, 1911. Present: Lo.ds Atkinson, Shaw, Mersey, and Robson.
The King . Lovi t and others: No. 106 of 1910 (Canada, Supreme Cour). Record received, Sept. 23, 1910. Set down for hearing, April 20, 1911. Heard, July 21 and 27, 1911. Preset: Viscount Haldane and Lo ds Macnaghten, Shaw, and Robson.
CIRCUITS OF THE JUDGES.-AUTUMN ASSIZES. THE following judges will remain in town: Grantham, J., Darling, J., Bucknill, J., Bray, J., Lord Coleridge, J., Hamilton, J., Scrutton, J., and Bankes, J., during the whole of the circuits; the other judges till their respective commission days.
WESTERN (Lord ALVERSTONE, C.J., 1; A. T. LAWRENCE, J., 2). Exeter, Saturday, Oct. 28 (civil and | Winchester, Saturday, Nov. 4 criminal) Bristol (2), Monday, Nov. 13 (civ. & cr'm).
SOUTH-EASTERN (LAWRANCE, J.).
Chelmsford, Saturday. Oct. 28 Hertford. Sa urday, Nov. 18 Maidstone, Wednesday, Nov. 22
Derby, Tuesday, Oct. 31 Nottingham, Monday, Nov. 6
Monmouth. Wednesday, Nov. 1 Hereford, Monday, Nov. 6
Guildtcrd, Thursday, Nov. 30
Lewe, Thursday, Dec. 7 (civil and crin.ina!).
Warwick, Friday, Nov. 10
Birmingham (2), Th., Nov. 30 (civ. & crim). (PICKFORD, J).
Shrewsbury, Thursday, Nov. 9
NORTH AND SOUTH WALES (CHANNELL, J., 1; A. T.
COTTERILL, SPENCER, Love-la, woollen merchant. Oct. 16.
MARCH, HARRY (trading as Harding Brothers and Co.), Queen Anne'schmbrs, Broadway, Westminster, merchant. Oct. 18.
MCBEAN, CLAUDE (trading as C. McBean and Co.), Pelham-st. Oct. 18. ROBERTS, WILLIAM HERBERT, Lupus-st, Pimlico, builder. Oct. 17.
To surrender at their respective District Courts. ALLKINS, THOMAS BOULTON, Tamworth, chemist. Ct. Birmingham. Oct. 18. ALLEN, THOMAS, Bolton, coal merchant. Ct. Bolton. Oct. 17. BILLETT, DANIEL, Marshfield, carrier. Ct. Bath. Oct. 17.
BOSTOCK, WALTER JOSEPH REEVE, Bristol, butcher. Ct. Bristol. Oct. 17. BURCH, HAROLD HENRY, and BURCH, ALFRED WILLIAM (trading as the Middle Mills Engineering Company), Cullompton, coachbuilders Ct. Exeter. Oct. 16.
CLARKE, HARRY, Brighton. Ct. Brighton. Oct. 9. (CRAMER, JAMES, Manchester, quantity
DUNN, HENRY MAIDMAN PAGE FINLAY, Southend-on-Sea, comedian.
Chelmsford. Oct. 18.
DALE, DAVID GRIFFITH, Aberavon, coal vendor. Ct. Neath and Aberavon. Oct. 17.
DODDS, MOSES COBB, Denford, farmer. Ct. Peterborough. Oct. 12.
FUOG. CHARLES (trading as Fuog Bros.), Swansea, coal exporter.
TOWLER, HEDLEY NICHOLS, Pudsey, commission manufacturer. Ct. Bradford. Oct. 16.
THOMPSON. WILSON, Carlisle, watchmaker. Ct. Carlisle. Oct. 18.
TURNER, RALPH EDWARD, Ledbury, innkeeper. Ct. Hereford. Oct. 17.
WOODTHORPE, GEORGE FREDERICK, Boston, coal merchant. Ct. Boston. Oct. 17.
WELLOCK, JENKINSON, late Oakworth, engineer. Ct. Bradford. Oct. 16. WHITTINGTON, WALTER, Stockport, tobacco dealer. Ct. Stockport.
Amended notice substituted for that published in Gazette, Oct. 10. HURST, WILLIAM NUTTALL, Manchester, late taxi-cab proprietor. Ct. Manchester. Oct. 6.
Amended notice substituted for that published in Gazette, Oct. 17. KING, ARTHUR HASKETH, Mansfield, umbrella maker. Ct. Nottingham Oct. 12.
GAZETTE, OCT. 24.
To surrender at the High Court of Justice, in Bankruptcy. HERWIG, HORACE HERMON ACASON, Lausanne-rd, Peckham, traveller. Oct. 20. JOHNSTON, HENRY STEVENSON, Trafalgar-rd, Twickenham, bank clerk. Oct. 20.
KELLY, LEONARD ORRELL, Hyde Park-gate. Oct. 18.
LECHMERE, NICHOLAS, Wells-st, Jermyn-st, motor-car dealer. Oct. 18.
REGAN, M. J., Albemarle-st, Piccadilly, gentleman. Oct. 18.
STEWART, ALICE MABEL PAOLA (trading as Paola Stewart), North Housechmbrs, Balderton-st, Oxford-st, flat proprietor, widow. Oct. 20.
To surrender at their respective District Courts.
AVERY, EDWARD, Lapworth, farmer. Ct. Birmingham. Oct. 20.
DAVIES, BRYCHAN, Aberbargoed, collier. Ct. Tredegar. Oct. 20.
HOBBS, HERBERT, Beckenham, tobacconist. Ct. Croydon. Oct. 18.
Eaton. Oct. 19.
Ct. Derby and Long
JOHNSON, JAMES, late Wem, farmer. Ct. Shrewsbury. Oct. 21.
MATTHEWS, ABRAHAM, Nuneaton, plumber. Ct. Coventry. Oct. 13.
POUND, FRANCIS GAD, Worthing, wholesale confectioner. Ct. Brighton.
PHILLIPS, JOHN, Henllan, woollen manufacturer. Ct. Carmarthen. Oct. 21.
PENNINGTON, WILLIAM FRANK, Helsby, produce merchant. Ct. Warrington. Oct. 19.
RICHARDS, ELIAS (late trading as Richards and Co.), Ystrad Mynach, late baker. Ct. Merthyr Tydfil. Oct. 20.
STABLER, JANE ELIZABETH, Harrogate, lodging-house keeper, spinster. Ct. York. Oct. 18.
THOMSON. GEORGE FORRESTER, West Byfleet, lieutenant in the army. Ct. Kingston, Surrey. Sept. 14.
TOZER, FRANK ELLIS, Totnes, journeyman carpenter.. Ct. Plymouth.
TERRY, CLARENCE, Southsea, pensioner. Ct. Portsmouth. Oct. 20.
TAYLOR, ROBERT, Great Grimsby, late general dealer. Ct. Great Grimsby.
WELBOURN, HENRY, and DOBSON, FRED, late Mirfield, cinematograph proprietors. Ct. Dewsbury. Oct. 19.
WOODS, WILLIAM HENRY, Great Yarmouth, carting contractor. Ct. Great Yarmouth. Oct. 19.
WILLIAMS, ARTHUR, Wem, fish dealer. Ct. Shrewsbury. Oct. 21.
Amended notice substituted for that published in Gazette. Oct. 17. BURRAGE. HENRY ALFRED (trading as W. H. Burrage), Edenbridge, builder. Ct Tunbridge Wells. Oct. 13.
FIELD, WILLIAM FARNINGHAM (trading as the People's Grocery Associa
HILL. DAVID STANLEY (late trading as Stanley Hill), Dudley, late tailor. Ct. Dudley. Oct. 17.
HOWELLS, HENRY, Porth, colliery hitcher. Ct. Pontypridd, Ystradyfodwg, and Porth. Oct. 17.
JONES, DAVID, Aberdare, licensed victualler.
Ash. Oct. 17.
Ct. Aberdare and Mountain
LEATHER, JOHN, Oswestry, pawnbroker. Ct. Wrexham and Llangollen. Oct. 18.
MARTIN, WILLIAM, Llandudno, bootmaker. Ct. Bangor. Oct. 18.