OBITUARY. Adams, Colonel Henry Cranstoun, V.D., 541 Farrer, Sir William James, 461 Gepp, Walter Payne, 47 Gibson, Thomas George, 461 Good, Henry, 333 Gowling, John, 409 Grey, Arthur, J.P., D.L., 283 Hawkins, John William, 518 Hill, John, 443 Howlett, James Warnes, 393 Hudson, Henry Arthur, 374 James of Hereford, Lord, 393 Jeyes, Samuel Henry, 208 Ludlow, John Malcolm Forbes, C.B., 566 Lunn, Robert, 71 McIlroy, Robert, K.C., 427 Mackay, Æneas, J. G., K.C., IL.D., !57 Makower, Stanley Victor, 461 Martini, Maître Charles, 208 Mellor, 'J. W., K.C., 566 Moore-Bayley, John, 427 Mothersole, Hartley. B.N., 409 Neligan, Sir John Chate, K.C., 232 New, Leonard, 566 PARLIAMENTARY SUMMARY. to án Action for statements imputing drunkt nriegs Impartiality of the Speaker, 345 Peers eligible for seats in the House of Commons, 36 discussion relating to matters in which they mediate in extreme cases between contend- ing parties in the State, 322 made out for return of a member during by a dissolution of Parliament, 385 à recess, 554 Plural voting, 59 Issue of writs for election of members where Political crisis, the, 295 the members elected havo been unseated on Position of the Home Secretary in reg'ird to tho relations existing between him and liis Commons, 421 Progress of affairs up to the adjournment for Prorogations, length of, 36 Commons, 362 Reconstruction of the Cabinet, 582 Reform versus revolution, 298 Chancellor, 196 Rights to particular seats in both Houges of Parliament, 111 Commons, 274 Second readings of Bills, 274 - 246 Supremacy of the House of Commons, SS Veto of the Crown, 111, 196, 273 346 128, 151, 176, 197, 221, 246, 274, 296, 323, 346, to enter the House after it has been deprived of its present powers, 295 Parliament Bill in the House of Lords, 111 Writ of summons to the House of Lords, 323 Payment of members of the House of 361 Commons, 361 PROMOTIONS AND APPOINTMENTS. Coronation Honours, 183 : Earldom of United Kingdom. Viscounty of United Kingdom. Baron of United Kingdom. Bright, Bart. Privy Councillors. K.C.B. Davey, James Stewart, C.B. Gore, Sir Francis Charles, Ilunter, Sir Robert, C.B. Mathews, Sir Charles W. Mellor, John Paget, C.B. K.C.S.I., C.I.E. C.B. Judd, Joseph C., K.C., 282 Langolier, Sir Francis Xavier, 24 Lascelles, Alfred George, 24 Lawrie, Allan James, 536 Lemieux, Hon. F. Xavier, 115 Linton, Frederick, 135 Lodder, George Frederick, 555 Lord, Theodore, 249 Lorimer, J. Campbell, K.C., 469 Mackenzie, W. Lyon, 469 Martin, George Maynard, 249 Martin, John Stuart, 332 Matthews, Ilerbert Ambrose, 183 Neish, Edward B., 469 O'Connor, Charles Andrew, K.C., 469 O'Halloran, J. W., 249 Ottley, John Bickersteth, 224 Parker, James Kenyon, 305 Pickersgill, Edward Hare, M.P., 282 Pollard, Emmanuel Elliott Scipio, 205 Pollock, Ernest Murray, K.C., M.P., 584 Purcell, Gilbert Kenelm Treffry, 363 Ramsden, Harold H., 536 Rhodes, C. T., 332 Richards, Mr Justice Henry George, 24 Risley, John Shuckburgh, 43 Roberts, His Honour Judge Bryn, 249 Safford, Frank, 305 Sandford, Herbert E., 135 vill, E. W. J., 115 Shepherd, T. D., 43 Sidney, Thomas Stafford, 332 Granger, His Honour Judge Thomas Colpitts, Smyly, Sir Philip Crampton, 350 555 Steel, Graham Strang, 509 Stephens, John, 24 Stockton, Arthur, 408 Tebbs, Henry Nelson, 62 Thomson, Bernard, 509 Tobin, Alfred Aspinall, K.C., M.P., SO Tomlinson, Thomas Symonds, 43 Tudor, Daniel Thomas, K.C., 363 Welsh, John A., 469 White, John, 509 Williams, Seymour, 249 Wood, Vernon S., 249 Woollett, Charles, 115 Worsfold, Dr. T. Cato, M.A., 24 Wortley, Stamp William, LL.B., 43 - Solicitor to the Ioland Revenue, ON INCOME TAX. PART tion - II. Matters Preliminary to Assessment. III. Schedule A (Profits from Ownership of Corporeal and Incorporeal Hereditaments). IV. Schedule B (Profits from Occupation of V. Schedule C (Government Securities, British, VI. Schedule D (Profits derived from Trades and Professions, Foreign and Colonial Property, VII. Schedule E (Sularies and Pensions in Crown VIII. General Allowances, Exemptions, and Abate- IX. Miscellaneous Provisions applicable to the TO READERS AND OORRESPONDENTS ... SMITA (Surveyor of Taxes) v. LION LEADING ARTICL 88. -Topics of the Week-Masters and Servants......... Rerende_Inrome tax - Profis of IBISH NOTEB................................. trade-Brewers-" Tied houses". COMMENTS ON CASES.......................... TEB CONVEYANCER....................***••**** SUPREME COURT OF JUDIOATURE OCCASIONAL NOTEB. LIMITED.- Employer and workman OUR LITERARY COLUMN.-Striking - Injury hy accident-Compensa. Figures in the Legal History of Disögurement 48 distinct England: Sir Samuel Romilly from " incapacity for work" 327| LAW LIBRARY ......... HIGH COURT OF JUSTIOL. LEPISLATION AND JURISPRUDENCE. - Re ROBINS' N: MCLABEN . PCBLIC PARLIAMENTARY SUMMARY,- Topica 17 TRUSTKE.-Limitation of actions- OBIMINAL LAW AND THE JUBIRDIC- TION OF MAGISTRATES -Borough 331 Quarter Sessions-Topic - Metro- Annual Meeting - Liverpool Quarter Session 8: Joseph Jones and Co. r. Re ODDY.– Trust-Public Trustee Criminal Law and Prison Ruform... Rigbt of appeal from-Need not be COUNTY COURT8.-Sittings of tho Public Trustee Act 1906, s. 10, 1*... 338 GENERAL INTELIGENCE. - Fishmon- GARWOOD 1. GARWOOD.-Partnership - Covenant-Charge on partner's Abare—" Gains and profits"-Con- Bench and the Bar-Appointments struction - Dissolution by death...... 341 under the Joint Stock Winding-up Acts - Creditors ander 22 & 23 TCRNER 1. MIDLAND RAILWAY CON- LAW SOCIETIES.-The “ Blue Bag' PANY.-Limitation of action-Com. PROMOTIONS AND APPOINTXENTE Act-Property iojuriously affected 347 NOTES AND QUERIES....................... RAILWAY AND CANAL COMMISSION LAW STUDENTS' JOURNAL - Univer: sity of London-Students' Societies 25 LONDON AND NORTH-WESTERN RAIL- LEGAL OBITUARY. Sir Charles RAILWAY COMPANY LONDON, KOM G., P.O......... COMPANY, ANI SOUTH-EASTERN AND MANAGING COMMITTEE,-- Railways THE GAZETTES..........................****** - Rateg-Undue preference............ 349' BIBTES, MARRIAGES, AND DEATHS The above subject is one of those contained in Vol. XVI. of “The Laws of England,” by the Earl of Halsbury On Monday last Mr. Asquit: dealt collectively, in his state- ment to the House of Commons, with the various questions that had been addressed to him with reference to the appoiit. ment of justices, and he made it abundantly clear that he does not intend in any way to interfere with Lɔrd LOREBURN in bis discharge of this important and difficult duty. Before the present Lord Chancellor succeeded to that office there is no doubt that considerable dissatisfaction existed, and not without cause, with regard to the justices of the peace. Particular political considerators All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected. All come unications intended for the Editorial Department should, in order to prevent delay, be address d to the “ EDITOR OF THE LAW TIMES." ans contributions that may be sent on approval will te carefully considered by the Editor: but no responsibility whatever can be accepted in respect thereof, although. ir unsuitablo, every effort will be made to return them, provided tbat a stamped local advişory committees should be formed in order to assist the Lord Chancellor in his selection has been adopted, and during thd-last nine months twenty-two of these committees have been appointed in England, five in Wales, and nine in Scotland, and Mr. Asquith states that by August next it is expeeted that committees will be established in all the counties. 66 by the capitulations a company validly formed in a country enjoying the benefits of Turkish capitulations cannot be declared null and void in Egypt. The mixed tribunals take the view that British incorporation is not conclusive in Egypt when British companies' interests collide with those of foreigners or Egyptians, and that in such cases the mixed law is applicable. It is easy to see the importance and the difficulty of the whole matter. The answer to the question what is a foreign company must turn on a consideration of principles, and at once a difference of opinion arises as to the basic criterion. Some would look to the place where the articles were drawn up; others to the nationality of the founders, the place where the shares were issued, or the seat of its working, or its sphere of activity, and further circumstances weigh with other schools of thought. With the development of joint stock enterprise in Egypt these doubts and difficulties will become more and more exigent, and some solution, even if only by way of a modus vivendi, is earnestly to be desired at an early date. see *As these committees will be free to communicate with the Lord Chancellor direct if their recommendations are not accepted by the Lords-Lieutenant, and as every effort is to be made to see that they are of a representative character, their names being available for local publication, it is difficult to what scheme could have been better devised for obtaining recruits for the local Benches. Lord LOREBURN is to be congratulated upon having sternly resisted all political pressure to equalise the politics of the magisterial Bench, and we, in common with the rest of the Profession, are fully satisfied that in making these inferior judicial appointments, as in the case of his appointments to the High Court and County Court Benches, he has striven to obtain the best men possible for the posts. This ideal has not always been adhered to in the past, but it is merely stating an obvious fact that, if the high standard of our judiciary, whether in the High Court, County Court, or petty sessions, is to be maintained, the appointments must be made entirely free from any political or denominational considerations, and that the sole qualification for judicial office must be the fitness of the candidate himself. If high character and competency are considered as the only reasons for preferment, the composition of our judiciary will be beyond criticism. 9 That a sentence of two months' imprisonment should be passed for nonpayment of rates will doubtless come as a shock to the community at large, but committal to prison for this period was imposed by the Nailsworth Petty Sessions on the Rev. S. J. FORD for refusing to pay an education rate of 18. 9d., although he offered to pay £1 14s. 3d., being the amount of the poor rate included in the same demand. We are quite aware that this committal would be in respect of the whole rate demanded, but, at the same time, although no doubt the defendant had on previous occasions refused to pay the education rate, we say without fear of contradiction that the sentence passed was clearly excessive. Imprisonment for nonpayment of rates is in the nature of civil process, and, as the HOME SECRETARY pointed out, he was advised that he bad no power to annul the sentence—which he described as "stupid and vindictive "-as the perogative of the Crown does not cover cases of civil debt. We understand that Mr. FORD has been released owing to the money having been paid, but this case affords a good concrete example as to the law relating to imprisonment for debt. It will strike the layman as curious that justices should have power to pass a sentence of this description, whereas the term of imprisonment which can be inflicted by judges exercising jurisdiction under sect. 5 of the Debtors Act 1869 is limited to forty-two days. STUDENTS of Lord CROMER'S work on Egypt will remember his comments on some of the very peculiar difficulties which arise out of the system of the mixed tribunals, and it will be found that some of the problems relating to the status of English companies in Egypt-a subject much discussed at the present time--are closely intertwined with these same difficulties. Conflicts of jurisdiction such as have arisen before in relation to criminal cases bave been to a large extent met by legislation, and the instances of friction between mixed tribunals and consulates, native courts, Mehkemes, and Patriarchates brought to light have not been without effect. It is now suggested that legislation should settle conflicts of jurisdiction in civil and commercial cases also, and that some commission should decide which court is to be deemed competent to determine a disputed matter. It is admitted, however, that the anguries for any such legislation at the present time are far from favourable. The difficulties arising out of company law are unusually great, and to some extent are caused by the different views entertained by British and continental jurists as to the status of a company. We look mainly to incorporation as determining nationality, but for this purpose a strong body of foreign legal opinion inclines to weighing a number of circumstances, and in Egypt we find a tertium quid in arts. 46 and 47 of the Code of Commerce. Under this, joint stock companies formed in Egypt are Egyptian and, if there formed, they must be formed in consonance with Egyptian law, and mere formality of foreign incorporation will not affect their Egyptian nationality. The question what is a “foreign company” is therefore a thorny one, and upon it conflict arises between the mixed tribunals and the British Consular Court. MASTERS AND SERVANTS. Some of the most elementary questions of law which occur almost every day, and on which a lawyer may'at any unguarded moment be asked his opinion, are the most difficult to answer. Among these we must place questions between masters and servants. Custom or actual judicial decisions have, however, determined some of them. For instance, “ by a long and well-established custom, it is settled that, in the absence of any agreement to the contrary, the hiring of domestic and menial servants is for a year and subject to determination on a month's-ie, a calendar month's -notice by either master or servant, or on payment of a month's wages by the employer”: (MacDonell's Law of Master and Servant, 2nd edit., p. 138). It has been urged that a further custom should now be recognised-pamely, that the contract of service can be determined on either side at the end of the first calendar month by notice given at or before the expiration of the first fortnight. The first month, according to this point of view, is a trial month in which the parties can find out if they suit each other. In Mouli v. Halliday (77 L. T. Rep. 794; (1898) 1 Q. B. 125) the question as to the existence of this custom came before a Divisional Court, on appeal from a County Court judge who had held at no such custom as alleged existed and that the custom was unreasonable. Mr. Justice Hawkins thought that the alleged custom was reasonable, but as the County Court judge had held that there was no such custom, and he was the sole judge on questions of fact, the court could not interfere with his decision. а The two sides argue briefly on these lines: The British Consular Court holds that companies are like persons and have a persooal status, to be affected only by their own courts, and, where British companies are concerned, English incorporation confers Eoglish nationality, and, further, that |
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