The following candidates are certifiad by the examiners to have passed with distinction, and will be entitled to compete at the Stadentship Examination in July 1912 :Chadwick, Leonard Arthur | Howitt. Erelyn Lorell Tooth, E ic Adolphur B. Tallows, Arthur Simpson Hopkins, Ben y Wells, Philip Creswell. Hart, Cecil Henry Powell, William Neilson Bankraptr. GazeTTE, May 19. manager. May 16. MONTAGUE, WILLIAM, Fenchurch-st. manufacturer's agent. May 17. PARRITT AND Co., Mark-la, East India merchants. May 17. RUBERY, HENRY CHARLES, Curtain-rd, Shoreditch, upholsterer. May 15. Tuorn, ALFRED Lewis, Tabernacle-st, Finsbury, printer. May 15. THE COURTS AND COURT PAPERS. COURT OF APPEAL AND HIGH COURT OF JUSTICE (CHAN CERY DIVISION).-EASTER SITTINGS 1911, ROTA OF RIGISTRARS IN ATTENDANCE FOR THE WEIK ENDING JUNE 2. Monday. Tuesdar. Wednesday. Thursday. Friday. Church............ Synse Farmer Bloxa'n Theed I ........... Church Synge Goldschmidt... Greswell th Theed Borrer ... Lench Bloxam Bynge ......... Goldschmidt PARKER J Synge Borrer Borrer ............ Leach ............. Farmer ..... Bloxam. The Whitsun Vacation will commence on Saturday, the 3rd June, and terminate on Tuesday, the 6th June, 19N, both days inclusive. Church ...... ....... Rloram ... Baal CIRCUITS OF THE JUDGES.-SUMMER ASSIZES. The following judges will remain in town: The Lord Chief Justice of England, Darling, J., A. T. Lawrence, J., and Hamilton, J., during thie whole of the circaits ; the other judges till their respective commission days. Notice. In cases where no date in parentheses is appended, both civil and criminal business must be ready to be taken on the first working day ; in other cases the date appended indicates the day before which civil business will not be taken. In the case of circuit towns to which two judges go there will be no alteration in the old practice. NORTH-EASTERN (GRANTHAM and SCRUTTON, JJ.). Newcastle (2), Monday, June 26 York (2), Tuesday, July 11 Durham (2), Monday, July 3 Leeds (2), Monday, July 17, OXFORD (LAWRANCE, J., 1; BUCKNILL, J., 2). Reading, Wednesday, May 81 Monmouth, Saturday, June 24 Oxford, Tuesday, June 6 Hereford, Thursday, June 29 Worcester, Friday, June 9 Shrewsbury, Tuesday, July 4 Stafford (2), Monday, July 10 MIDLAND (RIDLEY, J., 2; PICKFORD, J., 1). Lincoln, Saturday, June 17 Bedford, Thursday, June 1 Derby, Wednesday, June 28 Northampton. Monday, June 5 Nottingham (2). Wednesday, July 5 Leicester, Friday, June 9 Warwick Monday, July 10 Oakham, Friday, June 16 Birmingłam (?), Saturday, July 15, WESTERN (CHANNELL, J., 2; LorD COLERIDGE, J., 1). Dorchester Tuesday, May 23 Rodmin, Saturday, June 10 Salisbury, Friday, May 26 Exeter (2), Tour-day, June 15 Wells, Tuesday, June 6 Winchester (2), Sat rday, June 21 Bristol (2), Saturday, July 1. Chelmsford, Mon., June 12 (Th., Juce 15) (ambridge, Thurs., May 25 (Sat., May 27) Hertford, Sat., June 24 (Tues , June 27) Bary St. Edmunds Tuesday, May 30 Lewes Thurs., June 29 (Monday, July 3) (Thursday, June 1) Maidstone, Sat., July 8 (Wed., July 12) Norwich, Mon , June 5 (Thurs., June 8) Guildford, Mon., Juiy 17 (Th., July 20). SOUTH WALES (BRAY, J.). Harerlordwest. Thursday, May 25 Brecon, Monday, June 5 Lampeter, Monday, May 29 Presteign, Thursday, June 8 Chester (2), Tuesday, July 1 NORTH WALES (BANKES, J.). Ruthin. Tuosday, June 6 Dolgelly. Friday, May 26 Mold, Friday, June y l'arnarvoo, Monday, May 29 Obester (2), Tuesday, July 4 Beaumaris, Friday, June 2 Swansea (2), Tuesday, July 11. NORTHERN (HORRIDGE, J., 2 ; Lush, J., 1). Appleby, Monday, June 19 1 Lancaster, Wednesday, June 28 Liverpool (2). Saturday, July 1 To surrender at their respective District Courts. AUSTIN, GEORGE, Herne Bay, dairyman. Ct. Canterbury. May 12. BEGBIE, JAMES BIRD, Darlington, tailor. Ct. Stockton-on-Tees. May 16. Bond, Thomas Bowmer, Sunderland, joiner. Ct. Sunderland. May 17 BANTOCK, THOMAS, Cockfield. wheelwright. Ct. Bury St. Edmunds. May 15. BRAMHILL, RICHARD THOMAS, Leeds, boot dealer. Ct. Leeds. May 15. Beyes, WILLIAM, Hemlington, market gardener. Ct. Middlesbrough. May 15. BRAITH WAITE, HENRY, late Aberty9swg. colliery labourer. Ct. Merthyr Tydfil. May 17. CLARKE, ISAAC 'I'HOMAS, Wrexham, commercial travellor. Ct. Wrexham and Llangollen. May 16. CLEMITSON, John Cairns, Jarrow, licensed victuallor, Ct. Newcastle upon Tyne. May 15. CHAPMAN, A., Staines, licensed victualler. Ct. Kingston, Surrey. May 16. DAVIES, WILLIAM GEORGE, Swansea, late coal merchant. Ct. Swansea. May 17. DONNELLEY, HENRY, Manchester, builder. Ct. Manchester May 17. Davies, S. G. (trading as Davies Bros.), Cadoxton, grocer. Ct. Cardiff May 16. Dunstan, WILLIAM, Derby. saddler. Ct. Derby and Long Eaton. May 17. DAVIES, Evan. Merthyr Tydfil, late building contractor. Ct. Merthyr Tydfil. May 16. FISHER, THOMAS PARKINSON, Kmgston-upon-Hull, butcher. Ct. Kingston. upon-Hull. May 15. GREY, REUBEN MILTON, Swansea, wholesale warehouseman. Ct. Swansea. May 15. Gixson, GEORGE, Sheffield, travelling draper. Ct. Sheffield. May 17. HENBEST. Isaac, Nomansland, baker. Ct. Salisbury. May 15. HUCKER, JAMES, late Fulmer, baker. Ct. Windsor May 15. IKONSIDE-Bax, PEARCE BONHAM, Bournemouth, gentleman. Ct. Poole. May 17. JACKSON, WILLIAM, Wainfileet All Saints, gardener. Ct. Boston. May 16. KENDALL. WILLIAM (trading as William Kendall and Co.), Liverpool, builder. Ct. Liverpool. May 16. PARKER, FRANK CAREY, Manchester, tailor. Ct. Manchester May 15. RAVENSCROFT, JOSEPH, Bolton, tobacconist. Ct, Bolton. May 17. ROYAN, ALEXANDER (trading as A. Hope), Newmarket, watchmaker. Ct. Cambridge. May 17. Royds, WILLIAM, Middleton. licensed victualler. Ct. Oldham May 16. REDYAN, LUCY, Guiseley, milliner, spinster. Ct. Leeds. May 16. SHARPE, WALTER JAMES, late Broadwater, grocer. Ct. Brighton. May 15. SRORROCK, HERBERT, ,(trading, as J. Shorrock and Sons), Blackburn, joiner. Ct. Blackburn and Darwen. May 17. THORP. HENRY, Dewsbury, tea merchant. Ct. Dewsbury. May 17. TAYLOR, ARTHUR, Mortimer, late licensed victualler. Ct. Reading May 13. May 18. May 15. GAZETTE, MAY 23. To surrender at the High Court of Justice, in Bankruptcy. ADNITT, WILLIAM REUBEN (trading as Brown and Adnitt), Cromwell.pl, South Kensington, bootmaker. May 18. dealers. May 19. To surrender at their respectire District Courts. Grimsby. May 16. Brown. ROBERT F., late King William-st, architect. Ct. Colchester. May 19. CARLYLE, FREDERICK Joux, Sunderland, solicitor. Ct. Sunderland. May 19. Cooper, ALBERT, Crewe, fish merchant. Ct. Nantwich and Crows. May 18. (URWELL, THOMAS WARING, Birkenhead, joiner. Ct. Birkenhend. May 18. DAISH, John Rowan LINDSAY, late Leadenhall Market, licensed victualler. Ct. Barnet. May 18. DOUGLASS, ERNEST, Middlesbrough, painter. Ct. Middlesbrough. May 17. HCDGE, SAMUEL, Sidmouth. photographer. Ct. Exeter. May 19. Jacobs, John William, Lowestoit, smack owner. Ct. Great Yarmouth. May 20. LACEY, WILLIAM HENRY, Glastonbury, hairdresser. Ct. Wells. May 18. LAWRENCE, HENRY, Orleton, beerhouse keeper. Ct. Leominster. May 20. McCaw, DANIEL, Barnes, commercial traveller. Ct. Wandsworth. May 18, MOFFATT. MARTIN JORDAN, Halifax, insurance superintendent. Ct. Halifax. May 20. Martin, DAVID, Aberdare, collier. Ct. Aberdare and Mountain Ash. May 18. Nicholson, WILFRED, Kingston-uponHull, builder. Ct. Kingston upon. Hull. May 20. PITTEN, SUSAN, Walsall, draper, widow. Ct. Walsall. May 17. PEARSON, WILLIAM ARTHUR, Levenshulme, grey cloth merchant. Ct Manchester. May 19. Roberts, Isaac, Manchester, builder. Ct. Salford. May 19. SLIPPER,' CHARLES RICHARD (trading as Slipper and Beard), Sydenham, house furnisher. Ct. Greenwich. May 17, SMITII, Jcseru Fraxcis, Aspley Guise, builder. Ct. Luton. May 18. THE GAZETTES. Professional Partnerships Dissolbed. GAZETTE, MAY 19. BICKLE, JOHN WILLIAM, and Wilcocks, OSUUND. Solicitors, Plymouth. May 8. Debts by J. W. Bickle. GAZETTE, MAY 23. DAVIES, ELLIS WILLIAM; Jones, Evan; and JONES. DAVID GRIFFITH, solicitors, Carnarvon. Bethesda, Penygroes, Llanrwst, and Blaenau Festiniog, under style of Ellis, Davies, Jones, and Joneg. April 14. Debts by E. W. Davies and E. Jones, who will continue the business under the above style as heretofore. D. G. Jones will practise at Conway. SLAWTHER, GEORGE MEGGESON (late trarling as the United Wholesale Cash Grocers), late Newcastle-upon-Tyne, grocer. Ct. Newcastle-upon Tyne. May 19. SLATER, JOHN Sisson, Lytham, barrister-at-law. Ct. Preston. "May 19. WILKINSON, CHRISTOPHER SMITH, Darlington, chartered accountant. Ct. Stockton-on-Tees. May 15. WELLS, JAMES GRAY, late Salford, foreman brewer. Ct. Salford. May 19. Amended notice substituted for that published in Gazette, May 16. WILLIAMS, GWILYM, late Buckingham. Ct. Banbury. May 12. RICHARDS, W. G., Ynyeddu, boot dealer. Ct. Newport, Mon. May 20. RICHARDS, ANTHONY REYNELL THRELFALL, Southampton, underwriter. Ct. High Court. May 19. SIENE, ROBERT (trading as Joseph Fenn and Co., and the Continental Garage), late Borough High-st, engineer Ct. High Court. May 18. STEVENS. LEONARD FRISWELL, Park-pl, St. James's, gentleman. Ct. Higb Court. May 18. SUMSION, HENRY, Watney-st, Commercial-rd, grocer. Ct. High Court. May 18. SLIPPER, CHARLES RICHARD (trading as Slipper and Beard), Sydenham, house furnisher. Ct. Greenwich. May 17. SMITH, JOSEPH FRANCIS, Aspley Guise, builder. Ct. Luton. May 18. SLATER, John Sisson, Lytham, barrister-at-law. Ct. Preston. May 19. THORN, ALFRED Lewis, Tabernacle-st, Finsbury, printer. Ct. High Court. May 19. ADJUDICATIONS ANNULLED, GAZETTE, MAY 19. Bird, John, Cockermouth, farmer. Ct. Cockermouth and Workington. May 11. SIMMONS-LYNN, WALTER VICTOR, late Newcastle-upon-Tyne, editor. Ct. Newcastle-upon-Tyne. May 11, ADJUDICATION ANNULLED AND RECEIVING ORDER RESCINDED. GAZETTE, MAY 19. ARMSTRONG, JAMES CLAUDE, laté Brighton, gentleman. Ct. High Court. May 12 ADJUDICATION AXXULLED, RECEIVING ORDER RESCINDED, AND PETITION DISMISSED. GAZETTE, MAY 19. RICHARDS. THOMAS WILIAM. late Lancaster-rd, Notting Hill, dairyman. Ct, High Court. May 10. BIRTHS, MARRIAGES, AND DEATHS, ADJUDICATIONS: GAZETTE, MAY 19. AUSTIN, GEORGE, Herne Bay, dairyman. Ct. Canterbury. May 12 BEGBIE, JAMES. Bird, Darlington, tailor. Ct. Stockton-on-Tees. May 16. BOND, THOMAS BOW MER, Sunderlard, joiner. Ct. Sunderland. May 17. Boxes, WILLIAM, Hemlington, market gardener. Ct. Middlesbrough. May 15. BRAMHILL, RICHARD THOMAS, Leeds, boot dealer. Ct. Leeds. May 15. BERGSMA, PETRUS ADRIANUS, St. Mary Church. Ct. Exeter. May 17. BANTOCK, THOMAS, Cockfield. wheelwright. Ct. Bury St. Edmunds, May 15. BRAITHWAITE, HENRY, late Abertysswg, colliery labourer. Ct. Merthyr Tydfil. May 17. CORONEL, EDWARD EMANUEL (described in the receiving order as Edward Coronel, trading as Edward Coronel and Sons), Edgware-rd, cigar merchant. Ct. High Court. May 13. CLARKE, ISAAC THOMAS, Wrexham, commercial traveller. Ct. Wrexham and Llangollen. May 16. CLEMITSON, JOHN CAIRNS, Jarrow, licensed victualler. Ct. Newcastle upon Tyne. May 15. DAMPER, ARTHUR CARTER, Fordcombe, farmer. Ct. Tunbridge Wells, May 16. DAVIES, WILLIAM GEORGE, Swansea, late coal merchant. Ct. Swansea, May 17. Davies, Evan. Merthyr Tydfil, late building contractor. Ct. Merthyr Tydfil. May 16. DUNSTAN, WILLIAM, Derby, saddler. Ct. Derby and Long Eaton. May 17. DONNELLEY, HENRY, Manchester, builder. Ct. Manchester. May 17, FLACK, Lewis, late Carnaby-st. Golden-sg, working tailor. Ct. High Court. May 17. FISHER, Thomas PARKINSON, Kingston-upon-Hull, butcher. Ct. Kingston; upon-Hull. May 15. GIMBLETT, EDMUND COSLETT, late Marlborough-rd, Upper Holloway, beer · retailer. Ct. High Court. May 17. GREY, REUBEN Milton, Swansea, wholesale warehouseman. Ct. Swansca, May 15. GIMSON, GEORGE, Sheffield, travelling draper. Ct. Sheffield. May 17. HUCKER, JAMES, late Fulmer, baker. Ct. Windsor. May 15. HENBEST, ISAAC, Nomansland, baker. Ct. Salisbury. May 15. HEATH, EDWARD FREDERICK, Great Yarmouth, clerk. Ct, Great Yar: mouth. May 15. HYDE, WILLIAM JAMES (described in the receiving order as James Hyde, trading as Wright, Price, and Co., and as H. Perry and Co.), Alderga gate-st, trimming manufacturer. Ct. High Court. May 16. JACKSON, WILLIAM, Wainfleet All Saints, gardener. Ct. Boston. May 16, LINDSEY, JAMES JOAN, Upper Kennington-la, licensed victualler's manager. Ct. High Court. May 16. MYERS, ISAAC, Sutherland-av, Maida Vale. Ct. High Court. May 16. PARKER, FRANK CAREY, Manchester, tailor. Ct. Manchester. May 15. RUBERY, HENRY CHARLES, Curtain-rd. Shoreditch, upholsterer. Ct. High Court. May 15. REDMAN, LUCY, Guiseley, milliner, spinster. Ct. Leeds. May 16. ROYDS, WILLIAM, Middleton, licensed victualler. Ct. Oldham. May 16. Ray, CLARENCE EDWIN, Robertsbridge, farmer. Ct. Hastings. May 16. ROYAN, ALEXANDER (trading as A. Hope), Newmarket, watchmaker. Ct. Cambridge. May 17. RAVENSCROFT, JOSEPH, Bolton, tobacconist. Ct. Bolton. May 17. STIRLING. ALEXANDER CHARLES (described in the receiving order and trading as Lennox and Co.), Leadenhall-st, stock dealer. Ct. High Court. May 13. SERGEY, CORNELIUS, and SURGEY, ARTHUR (trading as C. Surgey and Son), Birmingham, coal merchants. Ct. Birmingham. May 16. SHORROCK, HERBERT (trading, as J. Shorrock and Sons), Blackburn, joiner. Ct. Blackburn and Darwen. May 17. SHARPE, WALTER JAMES, late Broadwater, grocer. Ct. Brighton. May 15. THORP, HENRY, Dewsbury, tea merchant. Ct. Dewsbury. May 17. WOODHALL, JAMES WILLIAM, jun., Ramsgate, builder. Ct. Canterbury. May 18. May 15. BIRTH. DURNFORD.-On the 13th inst., at The Hive, Bickley, Kent, the wife of Philip Barton Durnford, Barrister-at-law, of a son. MARRIAGE. CAMPRELL-JENKINS-BERENS.-At Hove, Henry Canıpbell-Jenkins. Bare rister-at-law, to Blanche Mabel Berens, daughter of Alexander A. Berens, of 50, Eaton-sq, S.W. DEATH. HEWITT.-On the 16th inst., at Henley-on-Thames, Arthur Lifford Hewitt, of Reverside House, Chiswick, and of 32, Nicholas-la, E.C., Solicitor, aged 55 years. GAZETTE, MAY 23. ALLEN, HENRY, Lanlivery, licensed victualler. Ct. Truro. May 20. ADNITT, William REUBEN (trading as Brown and Adnitt), Cromwell-pl, South Kensington, bootmaker. Ct. High Court. May 18. BAINBOROUGH, JOSEPH WILLIAM, Cleethorpus; late grocer. Ct. Great Grimsby. May 16. Cooper. EDWIN WILLIAM (described in the receiving order as Edward William Cooper), Tadema-rd, Chelsea, estate agent. Ct. High Court. May 18. CHAPMAN, A., Staines, licensed victualler. Ct. Kingston, Surrey. May 19. CURWELL, THOMAS WARING, Birkenhead, joiner. Ct. Birkenhead. May 20. CCOPER, ALBERT, Crewe. fish merchant. Ct. Nantwich and Crewe. May 20. DOUGLASS. ERNEST. Middlesbrough, painter. Ct. Middlesbrough. May 17. DAVIES, SAMUEL GRIFFITH (trading as Davies Bros.), Cadoxton, grocer. Ct. Cardiff. May 20. Cacmentium. Ct. High Court. May 18. JOHNSON. JACK. Kew Bridge, fruit salesman. Ct. Brentford. May 18. May 20. KENDALL, WILLIAM (trading as William Kendall and Co.), Liverpool, joiner. Ct. Liverpool. May 20. LACEY, William HENRY, Glastonbury, hairdresser. Ct. Wells. May 18. LAPRAIK, THOMAS STEWARD (described in the receiving order as Thomas Stewart Lapraik), Mincing-la, consulting engineer. Ct. High Court. May 19. LAWRENCE. HENRY. Orleton, beer house keeper. Ct. Leominster. May 20. MARTIN, DAVID, Aberdare, collier. Ct. Aberdare and Mountain Ash. May 18. MOFFATT. MARTIN JORDAN, Halifax, insurance superintendent. Ct. Halifax. May 20. Hull. May 20. 95 June 3, 1911.] CONTENT S. Why Everybody Nowadays is Taking "THE LAWS OF ENGLAND.' " 95 BECAUSE it remedies precisely those deficiencies which in other works have so long hampered Lawyers. It is accurate-exhaustive-absolutely - -a perfect classification, and in addition a comprehensive subject-index - and nothing, absolutely nothing, has been Jeft undone to make " The Laws of England" a triumphant success. REPORTS. | LANSTON MONOTYPE CORP) I TION LIMITED (apps.) ANDERSON (resp.). -Rerenuo-Income tax Royalty for user of palent SOPREME COURT OF JUDICATUBE. • Deduction-Average of three years 503 COUBT OF APPEAL. DUKE OF NORTHUMBERLAND (app) COMMISSIONERS OF INLAND REVENUE (resp.). - Rerenge Stamp duty-Settlement - Resettle- 467 PIERCE ». PROVIDENT CLOTHING AND SUPPLY COMPANY LIMITED,-Em LEADING ARTICLES. dc. ployer and workman-Dosth caused by accident - Compensation Olaim by dependant 473 TO BSADERS AND OORBESPONDITI!... 95 HAYDON •. HAYDON.-Bankruptcy LEADING ARTIOL 88. -Topice o! the Practice -- Judgment Week-Bequests to Servants summons 97 Order IRISH NOTEB.............................. to pay & sum of money within stated time-Order of OUR AUSTRALIAN LETTER................... 97 commitment for nonpayment......... 177 OOXXENTS ON CASES.......................... 99 METROPOLITAN WATER BOARD V. TIR CONVEYANCER....... .................. 100 COLLEY'S PATENTS LIMITED.- OCCASIONAL NOTES................. ............. 101 Water supply . Domestic pur NOTES OF BBCENT DBOLBIONI DI poses "_" Trade manufacturo or YIT BBPOBTED.......... 103 business purposes"-Factory 478 OUR LITEBABY COLUMN.-Indiscre tions of & Juror ..................... 118 HIGH COURT OF JUSTICE. LAW LIBBABY ................................... 109 LEGIBLATION AND JURISPRUDENOA. OHANOERY DIVISION. Topics . 110 Re Dixon-HARTLAND; BANK PABLIAMENTARY SOMMABY.- Tupics 111 HARTLAND. Estate duty OBIMINAL LAW AND THE JURIS JIO. 113 TION OF MAGIBTBAT E8.-Topics 113 GENERAL INTELLIGENCE.- Reclairuoi KING'S BENOE DIVISION Stock and Dividends in the Bank of England-Helrs-at-Law and Nert HANAU ", ERRLICH. - Contract of Kin-Appointments under the Agreement for deinito timo Joint Stock Winding-up Acts exceeding one year-Power to Oreditors under Estates in Chaocary determine within year by notice ... -Creditors under 22 & 28 Viot. c. 35 114 BOARD OF TRADE ANGLO. PROMOTIONS AND APPOINTMENTS ... .. 115 AXEBICAN OIL COMPANY LIMITED. LAW SOCIETIES.-Berks, Bucks, and 115 Ship Distressed Oxfordshire seaman 115 OOBBESPONDENCE 497 LEGAL OBITUABY.-M. Hyacioth Plunkett. K.O.-Mr. Charles WallSOCIÉTÉ COLONIALE ANVERROISE AND wyn Radclide Cooke - Mr. Herbert OTHERS ». LONDON AND BRAZILIAN John Allcroft William BANK.-Banker and customer Schwenck Gilbert 116 Principal and agent - Money paid TÆR OOURTS AND 000BC PAPERS. into agents' account .......... 499 Circuits of the Judges: Sommer A sizes — High Court of Justice : Whitsun Vacation Notice Tag GAZETTE:................................ 117 - Notice to set back ......... 501 BIRTHS, MARRIAGES, AND DIATIS 118 491 Sir ............ 117 Tķe Law and tge Lawyers . To Readers and Correspondents. necessarily for publication, but as a guarantee of good faith. delay, be addressed to the "EDITOR OF THE LAW TIMES." Any contributions that may be sent on approval will be carefully considered by the Editor; but no respoosibility whatovor can be accepted in respect thereof, although, if uosuitable, every effort will be made to return them, provided tost a stamped addressed wrapper is iaclosed for that purpose. 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It is an excellent and salutary rule that the action of the judges should not be attacked in debate in Parliament save upon a substantive motion, and it is to be deeply regretted that the Home Secretary should have seen fit to cast aspersions upon the Bench in general which have absolately no foundation in fact. The occasion of this outburst was the debate for the second reading of the Trade Unions (No. 2) Bill, a measure designed to meet the situation created by the Osborne judgment, and, after referring to what he described as “a very unseemly spectacle of workmen's organisations being harassed and worried and teased by a pumber of legal decisions which came with the utmost surprise to many lawyers,” Mr. CHURCHILL stated that where class issues and party issues were involved it was impossible to contend that the courts commanded general contidence, and that a very large number of people had been led to the opinion that they were, unconsciously no doubt, biassed. .............3 As anyone who has taken the trouble to inquire is aware, this so-called “unseemly spectacle " consisted in the courts of law of this country refusing to allow the undoubted rights of a minority to be totally disregarded and trampled upon by wealthy and powerful organisations and doing what they have always done in the past, and we sincerely trust will not be prevented from doing in the future-namely, upholding the rights of individuals against oppression. It is quite likely that the actions of our courts have not been welcome to the executives of those bodies affected thereby, but we have yet to learn that a judgment against any body or person declaring such body or person guilty of an illegality has been cordially received by the party implicated. man, in the pursuit of his profession, bas done something with regard to it which would be reasonably regarded as disgraceful or dishonourable by his professional brethren of good repute and competency," then he may be found guilty of conduct within the section. THERE was another extraordinary sentence in the speech of the Home Secretary to which we desire to refer, for it shows the wrong-headed conception that he holds with regard to the position of the courts of this country. He said: “The trade union movement ought to develop and should be spared from warfare between the great hierarchy of the law and the workmen's guilds without injury to the rights of individuals.” From this it would appear, as well as from his other observations, that he considers that the functions exercised by the courts have been used merely to harass the trades unions. As between the law and individuals or bodies of individuals there is no question of warfare, and, although recent legislation bas attempted to place certain privileged bodies outside the control of the law and the courts, complete immunity from all such control can only be disastrous for the nation at large. A further step to attain this end is attempted by the present Trade Unions Bill, inasmuch as it is sought to substitute the Registrar of Friendly Societies as the sole authority to determine the legality or otherwise of certain matters which the Bill iş designed to bring about. This is another attempt to place judicial functions in the hands of an executive officer, and to oust the jurisdiction of our courts in matters which are pre-eminently fitted for their consideration. The Bill, too, certainly affords ill-protection to the rights of the minority, and is so designed to make those who differ from the action of their executive marked men, and the bistory of the past shows that is anything but an enviable position for a workman to find himself placed in. W BEQUESTS TO SERVANTS. A TESTATOR often includes “servants" among those wbo are selected in bis will as the objects of bis bounty. It is veval to make it a con. dition precedent to such gifts that the servant should be in tbe testator's service at the time of bis death, not being under notice to quit, and also that the servant should have completed a certain number of years in the family service. A gift to “servanto" includes both indoor and outdoor servante, unlees it is expressly limited to "domestio" or "bousehold” servante, in wbich case outdoor servants are excluded from benefit. Difficulty, however, is apt to arise where the gift consists not of a definite eum of money, but of a “ year's wages or “the amount of a year'ı wages ; for in such a case the question arises as to whether the testator intended to confine his gift to those members of the class who have been hired at a yearly rate of wages, or whether the worde “ a year's wages is only a means of defining the gift, at whatever period the servant might be bired. In coppection with this branch of the subject, the case of Blackwell v. Pennant (1851, 9 Hare, 551) is of long-standing authority; indeed, it is an instance of the length of time or which a decision doubted by the courts nevertheless may remain standing. In that case & testator gave legacies to his servants in the words “ I give to each of my servants living with me at the time of my decease, and who then shall have lived in my eervice for three yeare, one year's wages.” The plaintiff ccmplied with both conditions. He bad been in the service of the family for three years, and he was living in the cervice at the time of the testator's death. He was, however, bired at weekly wages, wbile other servants were hired by the years and upon this ground Vice Chancellor Turner held that he not entitled to the legacy. “Where a testator," he eage, “giree a year's wages, he must, I think, be understood to mean that be givee to those whom he has hired at yearly wages. The nature of the gift explains the persons for whom it was intended.” In this he professed to follow the previous case of Both v. Dean (1 My. & K. 560), bat in that case the bequests seem to bave been disallowed because the servants were "ouidoor" and not " indoor" gervants. The case of Blackwell v. Pennant was followed in Re Ravensucrth ; Ravensworth p. Tindale (92 L. T. Rep. 490; (1905) 2 Ch. 1). There Lord Ravensworth bequeathed property to his wife, subject to payment by her “to all servants who shall be in my employment at nog death and shall have been in my employment five years previously thereto of one year's wages, and of all death duties thereon, in addition to any wages which may be accruing or owing to any of them and unpaid by me at my death.” At bis deatb, besides indoor servants employed at a yearly wage, there had been in his service for the previous five years various outdoor servants employed at a weekly rate of wages paid monthly or fortuightly. Mr. Justice Joyce in deciding the case said that whatever difficulty be might feel in understanding the reasoning of Blackwell v. Pennant (ubi sup.) and older decisions, he thought he ought to follow them, and be iherefore beld that the bequest only applied to servants bired by the year. The Court of Appeal (Lord Alveretone, C.J. and Lords Justices Vavgbad Williams and Stirling) affirmed the decision. Lord Alverstone, C.J., in his judgment, agreed that it might be desirable that these autborities should be reviewed by the House of Lorde, although he was not sure that he would not have arrived at the same conclusion a part from the authorities. Lord Justice Stirling eays distinotly that it tha question bad been free from decision he was not satisfied that he would have decided it in the same way. These cases are cited in Key and Elphinstone's Precedents of Core veyancing (see under “ Wills,” 9th edit., vol 2, at p. 795), and it is there expressly stated that a bequest of the amount of one year's wages ” does not apply to servants whose wages are calculated by the week or month. “ If such are intended,” says the learned author to the drafteman, "say or fifty.two weeks.” In Re Earl of Sheffield ; Ryde v. Bristow (104 L. T. Rep. 412) Mr. Justice Neville bad before bim a very similar case to those which bare been previously cited. The testator, who died in 1910, made the following bequest : “ To each of my eervants (indoor or outdoor) who at my death shall be and shall for five years previously have been in my service and shall not tben be under notice io quit given or received by such servant, I bequeath the amount of one year'e wages in addition to what may be then actually due to them for wages.' At the date of the testator's death three indoor servants had fulfilled the required conditions ; these bad been engaged, at : yearly w8ge and were entitled to the legacy of “the amount of che year's wages.” Of the outdoor servants seseral bad fulfilled the required conditions, but only two had been engaged at a yearly wage, and those two were in receipt of prior bequests of £50 each under the will; the rest were mostly labourers on the estate and were engaged at weekly wages. The question was raised by the residuary legatee as to whether the latter were entitled to benefit under the be quest. It is to be noted that the words of bequest used by the testator were " the amount of a year's wages," and couneel for the "weekly serrants argued that these worde dietinguished the caeo The expression " guilty of infamous conduct in a professionai respect "in sect. 29 of the Medical Act 1858, for which the General Medical Council may erase the name of a practitioner from the register, is an unfortunate one, and has been extended in such a way as to place some medical men who bave been adjudged guilty of conduct that can in no way be considered disgraceful or dishonourable in any ordinary sense, on a par with those whose actions have been truly infamous.” A considerable amount of sympathy will be extended to the two medical gentlemen whose names have been recently erased-one for administering anæsthetics for a bone-setter, and the other for his connection with the Sandow Institute—and it is difficult for the lay mind to bring their actions in any sense within the expression famous.” We quite agree, as the secretary of the council has pointed out in an explanatory statement, that the position and status of a registered medical practitioner carries with it duties and responsibilities towards the community ; but, at the same time, we think that constructions have been placed upon the section which are far beyond the intentions of its framers. "in The law on the points raised is clear. It was laid down by the Court of Appeal in 1889 in Allbutt v. General Medical Council (61 L. T. Rep. 585), following Ex parte La Mert (4 B. & S. 582), that if the council, acting boniê fide and after due inquiry, bave found a medical practitioner guilty of infamous conduct in a professional respect, the court cannot review their decision. Following this case in 1894 came Allinson v. General Medical Council (70 L. T. Rep. 471), where the same tribunal pointed out that if there was any evidence on which the council could reasonably arrive at their conclusion their decision is final. In the course of the judgment in the later case, a definition—though not an exhaustive one—was given as to what the expression in sect. 29 means. It was "if it is shown that a medical from Blackwell v. Pennant and Re Ravensworth (ubi sup), in both of which cases the words used were "one year's wages ”; for the express allusion to the amount" showed that the testator only intended thereby to limit the amount of the bequest and not the class of beneficiaries thereunder. That argument, however, was in eome moasure met by the fact that in an Irish case, Breslin v. ilaldrın (4 Ir. Rep. Ch. 333), where similar words were used-viz, “the amount of one year's standing wages ”Blackwell v. Pennant had been followed ; and, further, this construction had the support of the pastage in Key and Elphinstone's Precedents above referred to. Ao important factor in the case proved to be that the only two outdoor servants wbo were employed at yearly wages had received legacies under a previous clause in the will, and therefore there seemed to be no object in the present clause unless the testator intended other servants to be included besides those already men. tioned in tbe will. Some answer to this, however, seemed to be afforded by tbe fact that other “jodoor " aervants who were hired at yearly wages, but bad received no previous bequest, were undoubtedly entitled to benefit by virtue of the disputed clause. This last answer did not convince Mr. Justice Neville, and, relying on this argument for the residuary legates and the words • the amount of one year's wages,” he found that the testator intended to benefit all bis indoor and outdoor servants who fulfilled he required conditione, including the recipients of weekly wages. The residuary legatee appealed, but the decision of Mr. Justice Neville was affirmed (noted pest, p. 105) ani the older cases distinguished. The Court of Appeal rested their decision mainly on the ground that the words “the amount of one year's wages” distinguished the case from its predecessors, even the Irish case (quoted above) not being entirely similar. Without any doubt, therefore, being tbrown upon the older decisione, their effect has been somewhat limited by the Earl of Sheffield's case ; for by this decieion, where there is a relerence to the “ amount" in a bequest of tbis nature, then the period of hiring need not be taken into account in considering what class of servants are entitled to benefit. would not seem to bave been generally availed of. The statutes 17 & 18 Geo. 3, c. 49 (Ir.), and 33 Geo. 3, c. 21 (Ir.), contained further legislation on this subject. The most remarkable feature of the pieliminary summary of the Irish censos wbich has been prepared by the Census Commissioners is the evidence that it afforda that the drain on the population by emigration has been at last arrested. Although the sbrinkage in the population, which has been continuous since 1811, has not yet ceased, the percentage of loss for the decade is the smallest yet recorded. The number of persons returned as constituting the population of Ireland is 4,381,951 (2,186,80 4 males and 2,195,1-17 femalee), showing a decrease sinoe 1901 of 76,824 percone, or 1 7 per cent. The decrease in the number of males was equal to 0:6 per cent., and in the number of females to 2 8 per cent. The decrease in the population bas taken place mainly in the provinces of Munster and Connaught. la Leinster there was an increase of 7499 persons. The decrease in Ulster, Munster, and Connaught has been 4251. 43.103, and 36,966 persons respectively. The number of Roman Catholics in the country is returned as 3,238,656, this number being 70,005, or 2.1 per cent., under the number so returned in 1901; 575, 189 are returned as Protestant Episcopalians. being a decrease of 5000, or 1.0 per cent.. eince 1901; 439,876 are returned as Presbyterians, being a decrease of 3400, or 0 8 per cent.; and 61,803 as Methodists, being a decrease of 300, or 0-3 per cent. OUR AUSTRALIAN LETTER. IRISH NOTES. MR. BIRRELL has given some figures showing the progress of the Housing of the Working Classes (Ireland) Acts 1890 to 1908 to the 31st March 1911. It appears that the amount of the housing fund available for distribution under sect. 5 of the Aot of 1908 in that year was £1625 53. 3d. This was distributed amongst sixteen urban districts. The different soms allocated ranged from £598 103. 93. in the case of the Kingstoro Urban District to 93. 7d. in the case of the Kilkenny Urban District. The capital amount sanctioned by the Local Goveroment Board for housing purposes during the year w&9 £91,890 199. 8d. A number of other urban councils applied for loans during the year, but as these cases were not ripe for tinal consideration, and as the amounts were not sanctioned previously to the 31st March, the councils in question did not participate in the housing fund last year. In other cases certain Provisional Order prooeed lige bad to bə completed before the question of sanction to the loans could be considered. : Top question of the enforcement of the street-trading by-laws is giving the municipal authorities in Dublin 8omo apxiety. la numerous instances recently, youthful delinquents, after repeated admonitions, showed no inclination to observe the regulations, and the cases were remitted to be dealt with at the police courts. The president of the Municipal Children's Court complains that he should be obliged to seod children there, but, owing to the limitation of his powers, he has no other alternative. He thinks that the atmosphere of the police courts is not the best place for the trial of juveniles, altbough all such cases are heard in a considerate way and in a separate room apart from the ordinary court. It is suggested that, pending legislation on the subject, the president of the Children's Court, as representing the Public Health Committee, should, with the approval of the police magistrates, be vested with power to deal summarily with such minor offences as infringement of the streettrading by.iawe. It is difficult to see, however, bow such an arrangement could be carried out without legislation. Sydney, N.S.W., April 19. The principle enunciated by Lord Justice Fitzgibbon in Dunbar v. Ardee Guardians (1897, 2 Ir. Rep. 91) guided the Supreme Court of New South Wales recently in deciding as to the responsibility of the Goveroment of that State for the act of one of its servants-teacher in the Department of Education. It may be premised that under the New South Wales system of public education all children up to the age of fourteen years must attend the public schools, unless they attend other schools of an equal or higher standard. Beariog this in mind, the decision in New South Wales in Hole v. Williams (10 N. S. W. State Rep. 638), although following the decision in lluit v. Governors of Haileybury College (4 Times L. Rep. 623), was pot upon strictly analogous circumstances. Pupils are sent to Hailey bury on the motion of their parents only ; pupils are compelled by the Government of New South Wales to attend the Government schoolr. The facts in the case were simple. The plaintiff Hole was pupil in public school, and Doyle, the head master, sent a popil named Smith for a certain tumbler to be used in a certaio chemistry lesson which it was in his province to deliver. No warping was given Smith as to any possible contents of the tumbler. It contained some dilute Eulphuric acid, and Smith, mistaking this for dirty water, tbrow it away. Hole, who was passing, was struck by the acid, and received serious injury to one of his eyee. He sued the Government through a nominal defendant, and obtained a verdict for £131. On appeal the verdict was set aside on the ground that the head naster Doyle was not acting under any authority delegated to him by the Government when be gent Smith for the tumbler containing dangerous chemicale. The accident happened out of school hour. Reviewing the varioue Acts governing the public school system in New South Wales, Chief Justice Cullen eaid: “The effect of the various provisions in these enactments, so far as I think it necessary to reser to them here, is to make the schools the property of the Crown to be held under the direction, authority, and control of the Minister, who is intrusted with the general administration of the Aot, and is personally exempted from actions for nonfea sance or misfeaganoe in connection rith his dutier. ..” After dealing with the principle of liability by a person through his servants or agents as illustrated by the judgment of Lord Just ce Farwell in Willyer v. Governors of si. Bartholomew's Hospital (101 L. T. Rep. 368; (1909) 2 K. B. 820), he said: “In the case of a teacher of a school under the Public Instruction Act, it is to be observed that there is no statutory definition of his duties, and, beyond the general legislative power conferred upon the Governor by regulation under sect. 37, the Act je silent as to any power in the Government of directing the school. master in regard to bis methods of tuition. Subject to any regulations, the obligations of the teacher in the selection of his methods of tuition and discipline seem to be governed by the rules of the common law under which bo simply exercises an authority delegated to him by the parents of his pupils : (Fitzgerald v. Northcote, 4 F. & F. 656 ; Cleary s. Booth, 68 L. T. Rep. 319; (1893) 1 Q. B. 465; Hutt v. Governors of Haileybury College, sup.).” So far as the teaching of such a subject as chemistry and the accident which is the source of the action are concerned, the learned Chief Justice said :". 1 think the Government could only be held responsible for the teacher's negligence if in carrying out each minutest detail of tuition and discipline be is to be considered as acting under the orders of the Government, and this I think incompatible with the nature of his duties and the source of his authority.” So far as the condition that education is compulsory in New South Wales, Mr. Justice Street in bis judgment said: “The fact that the Legislature has converted the moral obligation of educatiog his children, which formerly rested on a parent, into a legal obligation, does not, in my opinion, materially affect the matter. In requiring that children, in the absence of some reasonable excuse, should be educated at one of the public schoole, or regularly and efficiently instructed in come other manoer, the The forty-second annual report of the Deputy Keeper of the Records in Ireland contains a valuable report on the Catholic Qualification Rolls' wbicb form part of the Irish State pa pers. These rolls are so called because they contained the names of those Catholice who took certain oaths prescribed by law in order to be accorded the enjoy. ment of various rights, offices, and privileges. The statute 13 & 14 Geo. 3 (Ir.), c. 35, enacted that from and after the 1st June 1774 any Catholic might take the oath and declaration set out in the Act. This oath might be taken before the judges of the King's Bench or belore aby justice of the peace in the county where such ju:tice resided. Lists of the persons 90 taking the oath were to be eent every year to the Clerk of the Privy Council. There is a bundle of these lists amongst the records of the Privy Council Office. There is also in the same collection a book described as the Test Book, 1775.6, in which the lists were entered up. This book contains just over 1500 names (practically all resident in Leioster and Munster); so that the Act Second Sheet. |
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