« EelmineJätka »
MAY 16th, 1911.
Dear Sirs,—With reference to my subscription to “The Laws of England,” I have much pleasure in assuring you that I have found those parts of the work which are already issued of the greatest possible assistance to me in my practice as a: Chancery Barrister. 1 have had occasion to consult the work almost every day, and I have never yet done so without finding an accurate statement of the law upon the subject which I am considering. Lord Halsbury's work has done a great deal to lighten the labours of those whose business it is to find out the law upon points which are not of every-day occurrence. You are welcome to make what use you like of this letter, provided you do not publish my name.-FROM WELL-KNOWN BARRISTER LINCOLN'S INN.
Collision-Crossing sbips-Duty in SUPREME COURT OF JUDICATURI. give way-Duty to keep course and COURT OF APPEAL.
spard-Duty to take action to asert collision ...........
466 HOWELL. BRADFOPD AND 00
Employer and workman-Injary by accident-Compensation-Ulaim by workman-". Proceedings independently of this Act".
433 LEADING ARTICLES. C. WATKINS v. NAVAL COLLIERT COM.
PANY (1907) LIMITED.-Master aod servant-Injury to servant-Negli.
TO BIADES AND OORRESPONDIM... 13 gence-Statutory duty-Liability of LEADING ABTICLBS. --Topion of the master ....................
439 Wook-Tenints' Repairs to Anolent
75 Company-Action to rescind con
OOXXENTS ON CASES...................... 76 tract for shares--Calls - Notico to OCCASIONAL NOTES....................... 76 forfelt shares.........
116 NOTRS or BROENT DECISIONI NOI
YK REPORTED........................... 78 HIGH COURT OF JUSTIOL
OOR LITERARY COLOYN.-Law in KING'S BENOE DIVISION
tho Encyclopædia Britanoissa 31 LAW LIBRARY ..............................
83 WAKE (app)
DYER (resp.). Market-Protection ol-Sale by
LEGISLATION AND JURISPRUDENOL. agent-Unauthorised and contrary
Topics to instructions Liability
PARLIAMENTABI SUMMARY.-Topico 80
of principal.......... ....... 448 FOREIGN LAW.
sod Children's Courts in Franco
87 DIRECTOR OF POBLIC PROBECUTIONS (app.) WITKOWSKI (resp.).
ORDINAL LAW AND THI, JURISDIOInfant - Moneylending circular
TION OF MAGISTRATES. -Topics Send and cause to te sent-know
What Do Prisoners Read? ledge
COUNTY COURT8.-Sitting of
Cour.s .... BAKER AND OI A EBS 0. ISGALL. GENERAL INTELLIGENCE. AngloTrade union-Benefit to member
American Arbitration - Heirs-etduring total incapacity-Agreement Law and Next of Kin-Appslarby member to return amount monts under the Joint stock
received on resuming work............ 456 Winding-ap Acts-Oreditor under ELLIS v. BANYABD - Negligence
Estates in Chancery - Crediton Catllo on highway-Open gale - No
ondor 22 & 28 Viol c. 35 evidence 18 to by whom opened
PROMOTIONS AND APPOINTIINTI Prima facie evidence of negligence
LAW SOCIETIES.-Hardwicke Society: -Burden of proof
460 Ladies' Night Debate; Womea's
Suffrage - Medico-legal Society: PROBATE, DIVOROE, AND ADMI
National Insurance against SiakBALTY DIVISION.
Desg-United Law Society-The
Blue Bag .......
- Pleas - Connivanco - Conduct LAW STUDENTS' JOURNAL.-Tbo Law conducing to adultery-Evidooco
Society: Preliminary Examination,
Tu OOURTS AND DOUBT PAPINGof conjugal right 9-Alimony-Sub
Bota of Begistrari-Circuits of
the Judges : Summer Assizos ......... 93 sequent petition for judicial separation - Decree-Permanent alimony
TAI GAME................................................ -Conduct of wife
462 BIRTH, MARRIAORS, AND DLATES M
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Recent events have accentuated the fact that legislation with regard to aerial navigation is eminently desirable, and wo are glad that the Government is introducing a short interim Bill for the purpose of preventing the use of flying machines over London during the Coronation processions. measure, which will naturally only be of a temporary nature, and will only deal with one point out of many which must in the near future come under the attention of our legislators, will prevent what might give rise to danger of a very serious description. Of course there is always the risk of one of these machines causing serious and direct injury to life and limb, but in the case of densely packed crowds the danger also exists of crushing and panic arising, not merely from an accident, but from mere curiosity and excitement. More considered legislation on the whole subject will doubtless be introduced at no distant period, and it is to be hoped that the interim Bill will be treated as uncontroversial matter and speedily pass through both Houses.
SOMETHING will have to be done to frame a code of regulations alike for keeping, using, and identifying all forms of air machines, and a rule of the road for the air will be requisite to afford additional safety alike to aeronauts and to those below them who may be endangered by their proceedings. Two or three years ago
we drew attention to these evils, and now that we have it be taken to protect the farmer where the milk is sold as it stated that there are something like 1500 certified airmen, comes from the cow. It must not be forgotten, however, and some 4000 pupiis preparing for certificates, the time is that the present presumption only deals with the onus certainly approaching when legislation must settle questions of proof, but as against this, as
against this, as a correspondent of of air rights of way and other legal principles formulated the Times recently pointed out, "the onus of proof that in days when aeroplanes were never conceived as possible. is thrown on the milk producer when the analyst's The time may shortly be expected when the opposition which certificate is against him can be satisfied in do other greeted the railway, the bicycle, and the motor will be way than by the unsupported testimony of himself and transferred to the at ronaut, and Parliament will be urged to his employés ; and in practice magistrates have been throw legislative obstacles in the way of a new invention the suspicious of such evidence.” Although in matters of this effect of which may yet revolutionise all our present ideas of kind it is clearly necessary that the public must have the locomotion.
fullest possible protection, a public inquiry instituted by the
Board of Agriculture would do much to allay the sense of As the law at present exists, no doubt there is a wide dis- injustice that is felt by a large number of ihe fariners in tinction legally between gifts of money and kind widely
the North. distributed throughout a constituency for the purpose of relieving distress and the same acts done for the purpose of TAE aeroplane fatality which resulted in the death of influencing voters in favour of the donor. In such cases the M. BERTEAUX, the French Minister for War, and incapaci. motive in the mind of the giver is the essential point and tated the Prime Minister, M. Monis, raises a constitutional not the effect on the minds of the recipients, but, at the same question which, we believe, is without precedent in France. time, the disclosures made at the hearing of some of the From appearances it would seem that M. Monis will not be election petitions which have already been disposed of show able to attend to State affairs for some time, but whether that the law as it now exists is in considerable need of President FALLIÈRES will name a successor is a matter amendment. Of course one loyally accepts the finding of the more for the consideration of the political than the legal two learned judges who heard the East Nottingham petition, writer. There have been occasions when the Premier of which entirely exonerated Captain MORRISON from any France for the time being bas had to abandon for a short attempt to corrupt his constituency, but it would certainly be time his duties. The case of the President of the Republic, a decided step forward towards obtaining electoral purity if M. FALLIÈRES, may be cited. In the beginning of 1883, extensive relief at the hands of members or candidates in their when Président du Conseil des Ministres (Premier) and constituencies was absolutely prohibited, as well as relieving Minister of Public Instruction, he was taken ill at the euch members and candidates from heavy and, in a sense,
tribune of the Chamber, and was laid aside for some little compulsory drains upon their purses.
time, his place being taken temporarily by M. PAUL Deves, the garde des sceaux, but there has never happened an
occasion when the first Minister has been laid aside, entailing THERE are two other matters to which we desire to refer. a prolonged absence, simultaneously with so important ari Ia the first place, the Public Prosecutor is represented at the
office as that of Minister of War being vacant. At the hearing of all election petitions, but the only tangible result present moment the Department of War especially demands of the presence of his representative seems to be that his
a head, in view of the important operations now being costs are asked for, successfully or otherwise. The dis- carried on in Morocco. It may be added that M. ANTOINE closures at at least two of the petitions that have been heard
EMMANUEL ERNEST MONIS is a lawyer, an avocat of the this year show that immediate action to place the criminal Court of Appeal at Bordeaux. He is a native of Chateaulaw in motion was eminently desirable, and it ought to be
neauf-sur-Charente, and was born sixty-five years ago. He the duty of the Public Prosecutor to intervene immediately in
first made his mark as Minister of Justice in the Waldeckthose matters, for it can hardly be expected that the petitioners
Rousseau Cabinet in 1889 to 1902, when he was also Viceor respondents should put their hands in their pockets for
President of the Senate. He became Premier in February the purpose of vindicating the law. It certainly looks as if
last after the downfall of M. BRIAND's Cabinet. The death the troops of liars who have filed in and out of the witness-hox
of M. BERTEAUX does not affect the representation of law during the past few months and have obtained money for their
in the Cabinet of twelve, eight members of which belong to mendacious stories were to go unpunished, and, unless serious
the Legal Profession. notice is taken of cases of this kind and prosecutions instituted, there is little doubt that this form of earning a living will thrive extensively. The other matter to which we TENANTS' REPAIRS TO ANCIENT HOUSES. desire to refer is the advisability of appointing three judges The meaning to be attached to lessees' covenants to repair is no easy to try these petitions. Notwithstanding a very few isolated task to define, and tbe difficulty is greatly augmented when it is cases, everyone will agree that our judges have proved the
necessary to consider the circumstances of old age and natural decay
io connection with the premises concerned. It has always been the best possible tribunal for trying these political issues, and natural course to turn to Gutteridge v. Munyard for the law as to the bave discharged their duties satisfactorily and impartially.
operation and effeot of repairing covenants wbere ancient buildinge At the same time, it is only right that there should be
are concerned, but, even at this initial step, warnings of complexities:
are to be found, for the seports in 1 Moo. & R. 334 and 7 C. & P. a definite determination by a majority, and that the parties 129 contain remarkable discrepancies. The dictum of Chief Justioe should not have to accept the decision of one judge where the
Tindal, if rightly reported, to the effect tbat “what the naturale tribunal is equally divided.
operation of time flowing on effects, and all that the elements bring about in diminishing the value, constitute a loss, whicb, so far as it results from time and nature, falls, upon the landlord," is one upon
which much doubt has been thrown by a long catena of subsequent CONSIDERABLE discussion has taken place, at any rate in the
cases, and it must now be regarded, after the decision in Lurcoit y. North of England, with reference to the sale of milk regula.
Wakeley and Wheeler (104 L. T. Rep. 290; (1911) 1 K. B. 905) as an
expresion of judicial opinion upon which no future reliance can be tions and the presumptive standard therein set up. It has placed. It goes too far as it stands, but it may be narrowed been put forward, and that with a considerable amount of down to this : that given an old house wbich becomes during proof, that the liability of milk, as taken from the cow, to fall
a tenancy worso by la pee of time and the attrition of the
elements, though still habitable, the resultant loss falls on the below the presumptive 3 per cent. of butter fat is well known landlord. Thus attenuated it is clear from the obeervations of in some districts and occurs even although the cows have been Cozens-Hardy. M.R. that the Court of Appeal would , accept the liberally fed. It is suggested that the presumptive standard
statement as binding. They would not, however, support the view
tbat the tenant is liable for nothing due to time and weather. Lo should be lowered to 2 75 of fat, and that other steps should the event of an old chimney.stack collapsing under the pressure of a
winter gale, a tenant cannot say that repairing covenants of the ordinary type would not involve bim in an obligation to repair, if the name were susceptible of repair, and to replace it by a new erection, were no such reinstatement feasible. Again, an old floor worn out by age, must, uoder e tenant's repairing covenant, be repaired or renewed, and in this case there is direct authority in Proudfoot v. Kast (63 L. T. Rep. 171; 25 Q. B. Div. 42).
The principles above mentioned were much discueged in Lurcott v. Wakeley and Wheeler (ubi sup.), and the facts tbere turned on the oove. dant by a tenant to substantially repair and keep in thorongb repair and condition ” ard so deliver up a Loodoo house some 200 years old. It was one of a row, and upon the quondam garden there bad been erected a workshop, the walls of which were bonded into those bf the house. The plaintiff, as assignee of the reversion expectant on the lease, sued the defendants, assignees of the lease, claiming to recover the sum of £256 which they bad expended in demolishing a certain piece of wall in accordance with a notice under the London Building Acts 1894 and 1898. The defendants u ged, as already intimated, that the condition of danger was not due to any default of theirs, but was occasioned by the natural effect of time and original defects jo construction.
In this special case it must be noted that the facts showed that the work to be done did not amount to a rebuilding of the whole house. This question of degree is bigbly important, for it differeotiates the decision against the tenant in Luicott v. Wakeley and Wheeler (ubi sup) from cases such as Wright v. Lawson (68 J. P. 34), where the landlord was virtually asking for a new bay window of pattern vastly improved that criginally demised. Torrens v. Walker (95 L. T. Rep. 409; (1906) 2 Ch. 166) was an instance where the lessor was subjected to the repairing covenant, and, in that case, the premises had been allowed to fall by ignorance in to such a condition that repair was impossible. The building was again some two centuries old, and was subject to a demolition order under the London Building Act 1894. Mr. Justice Warrington held that the lessor was not compelled to rebuild under a covenant to repair. This case turned largely on a wall, and was naturally much debated in Lurcoti v. Wakely and Wheeler (ubi sup.), and the distinction between the two cases seems to be one of degree. The earlier caso was in wbich upon the facts the wall concerned formed practically the whole external skin of the structure, the house being situated at the corner of two streets forming an acute angle. In the more recent case the facts showed that the wall was a subsidiary and fractional part of the whole, and it was treated on much the same lines as though the complaint had turned on a foor or chimney.stack.
Lister v, Lane und Nesham (69 L. T. Rep. 176; (1893) 2 Q. B. 212) was again a distinguishable case, for the house in question was built on obsolete lines on a timber cill and victually had no foundations at all. The timber rested on 17ft. of mud and in course of time perished, and do repairs were practical. The question arose whether a covenant to repair covered the necessity to underpia to a depth of 171t. and build come permanent brick structure from a more solid basis to the house. The Court of Appeal determined that this was a change of circumstances 80 complete that the parties could not have contemplated such works as coming within the ambit of a repairing covenant. The more state. ment of facts differentiates 80 curious & case as this from the movie usual facts brought to light in Lurcoit v. Wakeley and Wheeler (ubi sup.).
What happened in this latter case did not bring about so complete a revolution in the character of the subject-matier of the lease. It was in effect a restoration of some 24ft. in the front of a building which we t back (taking into calculation the more modern workshop) some 100ft., and it could not be validly claimed that the character or nature of the building underwent material change. In one senge the decision comes as a direct belo in construing these difficult covenants to repair, but in another sense it only throws more light on the spot where the difficulties lie, for it shows us that questions of repairs are questions of degree in every instance, and the test is whether the act to be done is substantially the renewal or the replace. ment of A part or the renewal or the replacement of the whole. As buildings do not asually collapse as a whole, and rarely fail to need some attention in a part, there is still room for a long line of useful decisions to delimit this vague boundary of degree between the two. One thing is certain, and that is that though age and the special faots of a building mey qualify to some extent a tenant's heavy responsibilities under covenants to repair, they are not going under the present logislative conditions to relieve him to any very material extent. If a man chooses to take an old house and enter into these obligations, he has undertaken a heavy burden, and it is a matter of considerable good luck if it does not in the end gall his shoulders.
The provisions of the Town Tenants (Ireland) Act have not been extended to England. The Irish Act was passed for the purpose of mitigating the hardship of the common law, which was felt to be bergh upon tenants as regards improvements to house property and shops. The Aot enables compensation for improvements and for loss of goodwill to be awarded in certain cases. In a reoent case (Cassidy v. McMahon) which came before the Lord Chief Baron, be discussed a pomber of points under the Act, and he seemed to suggest that in certain particulars the Act was rather oppressive as regards landlords. A tenant had been called upon by a gapitary authority to make certain sanitary improvements on the premises. These improvements were executed by the tenant. Subsequently the landlord asked him to pay an increased rent, and, on bis refusal, evicted bim. The tenant claimed compensation for the improvements that be had made ; and it was held that as the improvements were made after the passing ci the Act, and as the statutory notice calling upon the landlord to make the improvements himself had not been served, the tenant was not entitled to any compensation. It was held, however, further that the making of the improvements could be taken into consideration in the assessment of damages for loss of goodwill. In the particular case a sum of £150 was awarded in respect of the latter class of improvement. What is a “common gamiog-house" within the meaning of sect, 4 of the Gaming Act 1845? That section imposes a penalty upon the owner or keeper of any common gamiog.bouse, and sect. 1 provides that it shall be sufficient to prove that such house is kept for playing therein at any unlawful game when the obances of any game played therein are not alike favourable to all the players, including among the players the banker or other players by whom the game is inapaged. These sections came before the court recently in the case of Monroe v. Kelly. The defendant kept an “ American Bazaar" iD: which there was a "wheel of fortune." This consisted of a large wooden wheel rotating freely on an axis when set in motion, and its circumference was divided into forty-eight equal-sized compartments, each numbered from one to forty eight respectively, and from the centre of the wheel a pointer extended revolving in the opposite direction to tbat of the wheel. When both came to rest, after having been rotated, the pointer pointed to one of the forty-eigbt numbers. The defendant disposed of various miscellaneous articles, such as cheap watches, plated mugs. bowls, and the like, by means of this “ wheel of fortune." He sold, at the price of ld. a piece, twenty-four tickets, each bearing upon it two different pumbers between one and forty-eight, and he gave one of the aforementioned articles as a prize to the holder of the ticket which bore the number at wbiob the pointer stopped. When one artiolo had thus been disposed of, he proceeded with other articles. It was beld by the court that tbe person who was carryiog on business in this way was the owner or keeper of a common gaming-house, and the justices were directed to convict.
The jorors of Belfast, who are called upon to serve very often, complain very bitterly as to the system that at present exists as to the striking of the papel. Sect. 19 of the Act of 1871 provides that the sheriff in selecting the jurors must take the names from the general jurors' book in a regular alphabetical series, by returning one name for each letter, beginoing with the first letter, and 80 proceeding regularly through all the letters of the alphabet from first to last as often as might be necessary, and so far as the number of names in each letter would admit, until a sufficient number of names had been placed on the panel. In preparing any subsequent panel the sheriff must commence with the letter dext following that from which the last pame in the preceding panel was taken, and must proceed in like manner from the list, taking the names of the persons not already summoned during the current year or two precoding years. The effect of this section is said to be that the sheriff has to come back upon the list of jurors as alphabetioally arranged in the jurors' book and to summon practically the same persons for three years, with the result that a great many names at the end of the popular letters escape. It is said that, for example, almost seven hundred persons whose names commence with “M” were never reached, and nover could be reached, while this section remains in its present form on the statute-book. A committee which has been appointed in Belfast recommends suob a change in sect. 19 as will repder liable for service within the statutory period every qualified juror in the jury list irrespective of the initial letter of his surname. It is also recommended that there should be a provision compelling husbands who have the necessary qualifications to serve notwithstanding that their wives are the rated occupiers. It has been arranged to submit these proposals to the various judges of assize.
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WARNING TO INTENDING LESSEES OF Houses.-Before purchasing or renting a house it is very important to get an independent report on the drainage, sanitary fittings, & water supply by an expert from the Sanitary Engineering Co., 65, Victoria-st., S.W. Estab. 35 years. Tel. “ Sanitation London." Phone : 316, Westminster. Apply for prospectus.-[ADVT.)
The King's Bench Division bad under consideration récently goot. 9 of the Housing of the Working Classes Act 1908 in Rex (Blackrock Urban District Council) v. Macinerney. This section corresponde more or less with sect. 8 of the Housing of the Working Classes Act 1903, and it provides that where proceedings are taken by a local authority under sect. 32 of the Act of 1890 for the purpose of causing a dwelling-house to be closed, the court, in addition to or instead of making an order under that section, may order euch dwel iog bonse to be demolished unless it can be rendered it for human habitation. Io the Blackrock case a person had been gummoned under the Housing of the Working Classes Acts 1890 to 1908, and an order was OCCASIONAL NOTES. .
made probibiting the using of the premises in question for the purpose of buman habitation until they should be rendered fit for tbat purpose. Nothing was done by the owner in pursuance of that order, and accordingly he was served with another summoos calling upon him to show cause why an order should not be made ordering the premises to be demolished unless they should be rendered fit for human babitation. This summons came on before Mr. Macinerney, one of the divisional justices, and he decided that the proceeding, was identical with that beard and adjudicated upon previously, Accordingly the magistrate declined jurisdiction on the ground that the matter was res judicata. On an application by the urban district council for & writ cf mandamus, it was argued that the magistrate on the first occasion had declined to make a demolition order, and that Mr. Macinerney had no jurisdiction to make a second order based in reality upon the first proceeding. The court decided that there was no reason why the two orders—namely, the order declaring the houses unfit for human habitation and the demolition order—should be made at the same time. The first order merely declared the houses opfit for human habitation. The order that was asked for on the second occasion was an order for the demolition of the houses.
COMMENTS ON CASES.
By sect. 61, No. VI., of the Income Tax Act 1842 (5 & 6 Vict. o. 35), allowances are to be made in respect of the duties in sched. A to that Aot on the rents and profits of lands, tenements, bereditaments, or heritages belonging to any hospital, public school, or alms. house, or vested in trustees for charitable purposes, so far as the game are applied to charitable purposes." The important question raised in the recent case of Rex v. special Commissioners of Income Tax; Ex parte Eɛsex Hall (no ted post, p. 79) was whether a corporation whose objects were admitted to be charitable, and in whom, therefore, land was vested as trustees for charita ble purposes, was entitled to the allowances in respect of property not let, but in its own occupation, and consequently poti productive of rent. decided by the Divisional Court (Lord Alverstone, C.J. and Mr. Justice Hamilton, Mr. Justice Avory dissentiente) that whether such trustees are in occupation or not of such property they are entitled to the allowances. But the Court of Appeal, adopting the view taken by the dissen tient judge, came to the conclusion that the allowances could only be claimed in a case where trustees for charitable purposes let their property to a tenant and received rents and profits in respect of euch letting, which rents and profits were applied to charitable purposes. This decision is in accordance with that of Court of Session in the Scotob case of Maughan v. Trustees of the Free Church of Scotland (30 Sc. L. Rep. 666; 20 Rettie, 759; 3 Tax Cas. 207), where it was held that the Assembly Hall, Mound-place, Edinburgb, of the Free Church of Scotland, was not entitled to exemption from income tax, not because its purposes were not charitable, but because the property was uplet and the exemption only applied to income. The contention urged on bebalf of the charitable corporation in the present case was that the meaning of “profits " was something more than “ ronts,” and included benefioial occupation of property, that being a profit in itself. As was said by Mr. Justice Farwell (as he then was) in the case of Bond v. Barrow Haematite Steel Company Limited (86 L. T. Rep. 10; (1902) 1 Cb. 353), “there is no single definition of the word profits' whioh will fit all cases.” But whether or not beneficial Cocupation of property may in certain circumstances be regarded in the same light as " profits,” it would be reading it as equivalent to "annual value "wben used in the old use in question—an impossible result. It is noticeable that, in the court of first instance, both Lord Alverstone, C.J. and Mr. Justice Hamilton, while agreeing that Maxgkan v. Trustees of the Free Church of Scotland (ubi sup.) was technically indistinguishable from the case before them, treated it as having to be considered in the light of the more recent decision of the House of Lords in London County Council v. Attorney-General (83 L. T. Rep. 605; (1911) A. C. 26). So treated, their Lordships were of opinion that the Scotcb case could not now be supported if it was 'supposed to lay down that the beneficial occupation of property for charitable purposes did not entitle the occupiers to the allowances under seot. 61, No. VI., of the Act of 1842. The Court of Appeal, on the other hand, did not think that the decision of the House had in any way affected the decision in the Sootoh case. “There is no inference to be drawn,” said Lord Justice Kennedy, “from tho roasoning, or the decision of the House of Lords
which detracts from or modifies the value of the authority of the Scotch oase.". Although the conclusion thus arrived at by the Court of Appoal was adverse to the claim of the charitable corporation, it was como to with “extreme reluctance,” in the words of Lord Justice Buckley, leading, as it does, to results which seemed to his Lordship to be * incongruous and improbable.” The learned judge gave this as an illustration : “Suppose that trustees for charitable purposes, being the owners of Blackacre, demise it for a term of years to a lessee who pays a rent, and that the trustees prove that the rent is applied to charitable purposes, they will be entitled to allowance. Suppose that apon the expiration of that lease the trustees cannot find a new tenant; that they go into ocoupation of the land thom. selves, and farm it for the time being, and uso the proceeds” for charitable purposes, they will be assessable on the annual value and can claim no allowance.' Sucb a conclusion, as his Lordsbip remarked, " is repugnant to common senge." It seems, therefore, to call for legislative intervention.
To.day (Saturday ) being appointed for the celebration of the King's Birthday, the courts will not sit.
Short causes and petitions in Mr. Justice (Warrington's list returnable for to-day (Saturday) will be in the list on Tuesday next.
Judgment will be given in Conservators of Mitcham Common v. Cox and Same v. Cole (Crown Paper) on Tuesday next.
Mr. Justice Phillimore will give judgment in Seal v. Hunt on Monday next, at eleven o'clock.
In the Railway and Canal Commission Court judgment in National Telephone Company Limited v. His Majesty's Postmaster-General will be delivered on Monday next, at eleven o'clock.
Mr. Justice Arory left London last Monday for Huntingdon, on the South-Eastern Circuit, and cpened the commission on the following day. He will not be able to return to London until after the business at Chelmsford is finished, the commission for such town being fixed for Monday, the 12th prox.
Mr. Justice Coleridge left London on Tuesday last for Dorchester, on the Western Circuit, and opened the commission on the following day. He will go the circuit alone until Exeter is reached on Thurs. day, the 15th prox., when he will be joined by Mr. Justice Channell. Mr. Justice Coleridge will not be able to return to town until after the business at Bristol is finished, the commission day being fixed for Saturday, the 1st July, next.
Mr. Justice Bankes left London on Wednesday last for Newtown, on the North Wales Circuit, and opened the commission on the following day. At the conclusion of the business at Mold (the commission day being fixed for Friday, the 9th prox.) he will return to London, afterwards going back for the second half of the circuit at Chester, being joined by Mr. Justice Bray, but the commission day for this towo has not yet been fixed.
Mr. Justice Bray left London on Thursday last for Haverford west, on the South Wales Circuit, and opened the commission on the following day. At the conclusion of the business at Presteign (the commission day being fixed for Tbursday, the 8th prox.) Mr. Justice Bray will return to London, afterwards going back to the circuit at Chester, being joined by Mr. Justice Bankes. The commission for this town bas not yet been fixed.
Mr. Justice Pickford leaves London for Aylesbury, on the Midland Circuit, on Monday next, and will open the commission on the following day.
Mr. Justice Lawrance will leave London on Wednesday next, the 318t inst., for Reading, on the Oxford Circuit, and will open the commission on the following day.
There is now only one election petition left for the judges to tryviz., North-West Ham. This petition is fixed to be heard tetore Mr. Justice Ridley and Mr. Justice Bucknill on Tuesday, the 13th prox., and if a proper affidavit is made the hearing will take place in London and not at West Ham, where the accommodation is not convenient.
Mr. Loveland Loveland, K.C., who has been the deputy chairman of the County of London sessions for the last fifteen years, will retire after the adjourned quarter and general sessions to be held on Tuesday, the 25th July next. Mr. Loveland Loveland has been a member of the Bar for forty-six years, having been called by the Inner Temple on the 17th Nov. 1865, and be is in kis seventieth year, having been born on the 18th July 1841.
The May session at the Central Criminal Court was opened on Tuesday last before Sir Forrest Fulton, K.C. (Recorder), Sir Albert Bobanquet, K.C. (Commoo Serjeant), the Lord Mayor, and Sheriffs. The calendar contains the names of eighty-one persons oharged with offences.
The May adjourned general sessions were opened on Tuesday last at the Sessions-house, Newington, before Mr. Robert Wallace, K.C. (chairman), Mr. Loveland Loveland, K.C. (deputy chairman), and other justices. The calendar contains the names of 119 persons charged with offences, sixty-nine having been committed from the north side and fifty from the south side of the Thames.
An intermediate session for cases arising in the county of Middlesex will commence on Wednesday next, the 31st inst., at the Caxton Hall, Westminster, at ten o'clook.
Lord Gorell is still suffering from laryngitis following influenza, and has been ordered to the seaside.
Mr. Hastings Rhodes has assumed the duties of Legal Advisor, Federated Malay States.
Mr. G. E. Fletcher, Deputy Town Clerk, has been appointed Town Clerk of Bethnal Green.
Sir Thomas Crossley Rayner, Attorney-General of British Guiana, has arrived in England, baving travelled viú the United States.
Mr. C. G. Alabaster is acting as Attorney General of Hong Kong during the absence on leave of Mr. W. Rees Davies.
The Bar Golfing Society was beaten by the Engineering Golfing Society at Woking on the 20th inst. by 7 points to 6.
The Congress of the loternational Woman Suffrage Alliance will be held at Stockholm from the 11th to the 18th June.
During the rebuilding of the Guildhall at Westminster, the sessions for cases arising in the county of Middleses will be held in the Caxton Hall, Westminster,
Mr. Justico Bankes was presented by the tenantry on his Soughton Hall estate on Tuesday with a silver salver to celebrate his elevation to the Bench.
His Horour Walter S. Shaw, Chief Justice of St. Vincent, will take over the duties of Administrator of the Government and Colonial Secretary during the absence on leave of the Hon. C. Gideon Murray.
The London Solicitors' Golling Society was beaten by the London Press Golfing Society at Walton Heath on the 20th inst. by six matches to five.
The list of successful applicants in tho ballot for seats at the Law Courts on the occasion of the Royal Coronation Procession on Friday, the 23rd June, may now be seen at the offices of the Bar Cšuncil, 2, Hare-court, Temple.
In Dublin on the 18th inst. the Lord Chancellor of Ireland for. mally called Mr. Serjeant O'Brien, K.C., as His Majesty's second Serjeant-at-law, and Mr. T. F. Moloney, K.C, as His Majesty's tbird Sarjeant-at-law.
The following potice was displayed at Bow.street Police-court_on the 18th inst. : “Photographing in court is strictly forbidden. The officers have instructions to eject from the court anyone taking or attempting to take photographs.”
An Australian High Court judgment leaves Victoria in possession of a territory two and a quarter miles wide on the South Australian border, which has been the subject of dispute for nearly half a century. Mr. Justice Higgins dissented.
Deputy Judge Layman on taking bis sest at Southwark County Court on the 22nd inst. announced that Judge Willis, who has been unwell for several weeks, had been granted leave of absence by the Lord Chan. cellor, and would not attend the court for some time. In his absence the duties of the court will be digobarged by Mr. Layman.
In the report in last week's issue of the anniversary festival of the Solicitors' Benevolent Association, an omission was made in not including the following name and amount among the donations : Mr. A. Wigbtman (Sheffield), £73 158., of which £58 was his own personal gift.
His Honour Judge Smyly, K.C., who is, it is well known, a good linguist, gave an example of his knowledge on the 18th inst, at the Shoreditch County Court, when be tried & cage in German. For some little time an interpreter bad been acting, but altimately His Honour questioned the tranelation. and foished the case himself. The judge speaks German, Yiddish, French, and Spanish.
By the orders of the Home Secretary the first military band concert to convicts in Parkhurst Prison was given on Monday by the band of the 1st Worcestershire Regimentat Parkhurst, under the direction of Band. master Banbury. The concert, which lasted for an hour, was given in the prison chapel, which was crowded with prisoners, who repeatedly showed their keen appreciation of the music.
The City of London Year Book and Civic Directory for 1911 comes from the City Press Office (Messrs. W. H. and L. Collingridge). It includes
livery companies guide, list of liverymen voters, a Corporation directory, the names of those who have received the freedom of the City, a London County Council directory, and Lloyd's, Baltic, and Stock Excbange direotories.
In the current issue of the Outlook Mr. Roosevelt criticises the proposal to conclude general arbitration treaties without excepting questions of vital interest and national bonour. To assume obligation to submit such questions to arbitration would render the United States liable to the charge of cowardice if they acted up to it, and of hypocrisy and bad faith if they failed to do so.
Messrs. M. S. Parry and E. M. Muraour have brought out a second edition of their A.B.C. to Rubber Planting Companies in Malaya, Sumatra, and British North Borneo (Frederic C. Mathieson and Sons). Though it is scarcely a year since the first edition appeared, it is obvious that the changes that bave taken place in these months necessitated a revision.
The French Senate took the second reading of the Bill for the trial of youthful offenders under the age of thirteen on tho 19th inst., says the Paris correspondent of the Times. The clause which makes the bench en chambre du conseil the tribunal for such cases having been passed, the question was raised whether women might be chosen for tho duty of bolding the usual preliminary inquiry and reporting to the tribunal. An amendment making women eligible was proposed by M. Berger, Senator for Belfort, and carried almost unanimously.
Besides the ball in Gray's-ion all on the 20th June, the Treasurer (Ms. E. Clayton, K.C.) and Masters of the Bench will give a garden party in the gardens of the Ion on the 29th June. It is expected
ihat on both occasions the guests will include a pumber of the distinguished Colonial visitors who will be in Eogland at the time of the Coronation. For the ball the interior of the Elizabetban hall, which is noteworthy for its old oak screen and panelling, will be decorated with masses of red and white roses. The garden party will take place on the day of the visit of the King and Queen to the City, and on their return journey from the Guildhall Their Majesties will pass along Theobalde-road, which adjoins the north side of the gardens. At this point a stand will be erected, from which the guests will be able to see the Royal Procession. On Saturday, the 1st July, the Benchers will give an entertainment 10 1000 children drawn from the elementary schools of the district. Tea will be provided, together with presents for the little visitors, and there will be games, races, and a "mjostrel per'ormance
" for their amuse meat.
The Earl of Halsbury, occupying the chair on Monday afternoon at the annual meeting of the City and Guilds of London Institute in the Mercere Hall, said that the most important event of the past year was the granting of the supplementary charter, whish enabled the institute to no-operate more effe tu illy with the Imperial College of Science and the London County Cuoil. The design for the New Great Seal of Great Britain and Ireland had been placed in the bands of a former student of the College, Mr. Gilbert Bayes, who had for some time also been a teacher of modelling there. Tho number of students attending the college continued to increase and was this year 475 against 459 for the preceding year.
At a meeting of the Court of Aldermen on the 18th inet., at which the Lord Mayor presided, a report was submitted from the General Purposes Committee with reference to the regulations made by the court a year ago under tbe City of London Street Traffic Act 1909. It stated that the Home Secretary was willing to approve the regula. tions, subject to certain amendments relating to the traffic on Blackfriars Bridge, and to the omission of the regulations ia regard to costermongers, &c. It was explained that the latter could only be dealt with by definite legislation, and must be include in one of the General Powers Bills of the Corporation on some future occasion. The report was carried.
At the concluding sittings of the London Diocesan Conference nu the Church House on the 18th inst., the Bishop of London presidiog over a large attendance, on the motion of the Rev. E. Gordon Savile. Eecretary of the Church of England Men's Society, the conference unanimously adopted a resolution urging tbat drastic measures should be devised to check the circulation of peroioious literature, and asking that a committee be appointed to report to the bishop ag io the most effective means. He mentioned that a list of 150 books bad been compiled, none of which was fit for circulation. Mr. Douglas Eyre said that a censorship büd to some extent been brought about by the trade, but it must be supplemented by a further censorship conducted by voluntary organisation. The Bishop of London pointed out that there were many agencies already at work on the lines suggested by the resolution. He understood that it was not intended to overlap any of those efforts, but to york in harmony with them.
A pleasant little function tork place in the Middle Temple Hall last Monday night, the 22nd inst., when Mr. G. W. Gough bade fare. well to the historic building with which he has been closely connected for more than half a century. Mr. Gough, who was at one time tho senior clerk of the late Mr. McIntyre, K.C, has been associated with the Temple for upwards of sixty years, and since 1860 be bas aoted as one of the waiters in the Middle Temple Hail at dinner. Wben the • Apcients' table” was established in 1877, he was specially a tiched to this table, and for thirty.four years be has been one of the most familiar figures at dinner time. His period of service ended 1980 Monday, and after dioder Mr. J. F. Popham, in a very neaty turned speech, expressed the thaoks of the “ Ancients” for Mr. Gough's services in the past, and presented him with a choque which had been subscribed for by the more regular attendants at the tabl 3. The recipient was evidently much affected in returning thaoks, and referred to several episodes in his long career. Needies to say, Mr. Gough was loudly applauded by all those who were presert, and it is certain that the heartiest good wishes of all the regular habitués of the Middle Temple follow him in his well-earued retirement.
The Treasurer (Mr. H. D. Greene, K.C.) and the Masters of tho Bench of the Middle Temple entertained the following guests at dinner on the 18th : inst., the Grand Day the Easter Term: The American_Ambassador, the Minister for Norway, the Earl of Coventry, the Earl of Clarendon, Viscount St. Aldwyn, Lord Hugh Cecil, M.P., Lord Southwark, the Master ct the Roils, Lord Justice Kennedy, Sir K. Muir Mackenzie, K.C, Sir Squire Banoroft, Sir Victor Horsley, Sir Joseph Larmor, M.P., the Rev. the Master, the Rev. the Reader, and the Under-Treasurer. Tbo Masters of the Bench present were : Sir R. B. Finlay, K.C., M.P., Lord Mersey of Toxteth, Mr. Justice Phillimore, Mr. Digby, Lord Justice Fletcher Moulton, Mr. Justice A. T. Lawrence, Mr. Milvain, K.C., Mr. MoCall, K.C, Mr. Loyd, K.C., Lord Coleridge, Mr. Muir Mackenzie, Judge Atkinson, Mr. Erskine Pollock, K.C., Mr. Scott, K.C., Mr. Abel Thomas, K.C., M.P., Mr. Blake Odgers, K.C., Mr. Brogden, Ms. Macmorrao, K.C., Mr. Strachan, K.C., Chancellor Scott Fox, K.C., Mr. Home Williams. K.C., M.P., Mr. Lindsay, K.C., Mr. Abraham, Mr. Laing, K.C., Mr. Clay. Mr. Hamilton, K.C., Mr. logpen, K.C., Sir S. T. Evans, Mr. Justice Scrutton, Mr. Powell, K.C., Mr. Stewart Smith, K.C., and Sir F. Low, K.C., M.P.
An interesting contribution to the daylight saving question is sent to the Times by Prof. H. H. Turner of Oxford University Observa. tory. He writes: “Our friend the sundial is crying out, like some other people, before Mr. Willett has hurt him. He never did ebow the correct time, though it would have been easy enough for bim to do 90; and if even now he is ready to mend his ways, it is just as easy to show Mr. Willett's time as any other. His failure to show the correct time is due to his insisting (quito need leesly) on using the sa me graduated hour circle all the year round, instead of having different habits in winter and summer, as the sun has, and as Mr. Willett wants us to bave. Let the sundial give up its clumsy long bar and substitute a tiny sphere, which would be a more complimentary representation of the sun, his master. The shadow of this tiny sphere will trace out a new path each day, as does the sun in the heavens ; and that path can be graduated for that day, and that day alone, in any way desired. I trust that so mooh is clear, without entering into details that would be out of place here. The graduations for any