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H. H. HART, Country and Foreign Manager.
L. E. THOMAS, Country Branch Manager.

H. R. HOARE, Secretary.
L. J. CORNISH, Assistant Secretary.
TRUSTEE DEPARTMENT-2, Princes Street, E.C.

The Bank has several Branches in London and the Suburbs and Branches or Agents in all the principal Cities and Towns in the United Kingdom, and Correspondents throughout the World.

TERMS.-Current Accounts.-These are kept according to the usual custom of London and Country Bankers.

DEPOSIT ACCOUNTS.-Deposits are received at Interest, subject to notice of withdrawal, or by special agreement, in accordance with the usual custom. GENERAL BUSINESS.-The Agency of Country and Foreign Banks, whether Joint Stock or Private. Circular Notes and Letters of Credit issued for all parts of the Coutinent of Europe and elsewhere. Purchases and Sales effecte ia all the British and Foreiga Stocks and Securities. Dividends on Stocks and Shares, the half-pay of Officers, Pensions, Annuities, &c., received for Customers without charge. The Officers and Clerks connected with the Bank are required to sign a Declaration of Secrecy as to the transactions of any of its customers.

EXECUTORSHIPS AND TRUSTEESHIPS.-The Bank, having the necessary powers, are prepared to undertake the Office of Executors, Trustees, and Custodian Trustees, on terms particulars of which can be obtained from the Head Office.

NOTE.-In pursuance of the Treasury Regulations it is hereby stated that no liability attaches to the Consolidated Fund of the British Government in respect of any act or

omission of the Bank.


Crown 8vo., price 38. 6d. net. Fourth (Revised) Edition.



References to Some of the Best Precedents.



Of the Inner Temple, Barrister-at-Law.


Abbreviations-Table of Cases-Advising on Title-Appointments under
Powers-Appointment of N w Trustees-Conditions of Sale-Conveyances Deeds- Estate Duty-Leases-Licences under Patents-
Mortgages-Partnership Articles - Releases to Trustees-Settlements:
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HORACE COX, "Law Times" Office, Windsor House, Bream's
Buildings, E.C.

Third Edition (Eighth Thousand). Price 3s. 6d. net, Post Free.


Writing, Reading, & Speaking.

By the late

Serjeant-at-Law and Recorder of Portsmouth:

The Seventh Thousand of the Third Edition of this work having been for
some time exhausted, the publisher feels that he need offer no apology for
issuing the Eighth. The great favour which former editions have received
at the hands of the public generally, and schools in particular, proves that
the utility of the work is now fully recognised. Though all previous
editions were published at 78 6d, this new issue is 3s. 6d. net only, in order
to keep pace with the present custom of cheaper prices for standard works

HORACE COX, "Law Times" Office, Windsor House,
Bream's Buildings, E.C.

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Also 104 Metropolitan and Suburban Branches and 233 Country Branches and Agencies.

CURRENT ACCOUNTS are opened on the usual terms. Customers are given facilities for the transfer of money to or office of the Bank.

from any

DEPOSIT ACCOUNTS.-Sums of £10 and upwards are received on deposit at interest, subject to notice of withdrawal, or by special agreement, in accordance with the usual custom.

EXECUTOR AND TRUSTEE business undertaken.

PURCHASE AND SALE of Stocks and Shares effected. DIVIDENDS, ANNUITIES, &c., received.

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No. 114, Chancery Lane, London, W.C.

Fire. Personal Accident and Disease. Burglary. Fidelity Guarantee. Property Owners' Indemnity. Workmen's Compensation, including Domestic Servants. Third Party. Plate Glass.

BONDS. The Directors desire to specially draw attention to the fact that the Fidelity Guarantee Bonds of this Society are

accepted by His Majesty's Government and in the High Court of Justice.


CHARLES PLUMPTRE JOHNSON, Esq., J.P., CHAIRMAN (formerly of Johnson, Raymond-Barker, & Co., Lincoln's Inn).
ROMER WILLIAMS, Esq., D.L., J.P., VICE-CHAIRMAN (Williams & James), Norfolk House, Thames Embankment.

GEORGE FRANCIS BERNEY, Esq. (Corsellis & Berney), Lincoln's Inn Fields.
H. D. BEWES, Esq. (Bewes & Dickinson), Stonehouse, Plymouth.

L. C. CHOLMELEY, Esq. (Frere, Cholmeley, & C.), Lincoln's Inn Fields.
EDMUND FRANCIS BLAKE CHURCH, Esq. (Church, Adams, & Prior), Bedford


F. E. E. FAREBROTHER, Esq. (Fladgate & Co.), Craig's Court, Charing Cross.
HENRY LEFEVRE FARRER, Esq. (Farrer & Co.), Lincoln's Inn Fields.

E. S. FREELAND, Esq. (Nicholson, Patterson, & Freeland), Queen Anne's Gate,

C. W. GRAHAM, Esq. (Lawrence, Graham, & Co.), Lincoln's Inn.

W. A. T. HALLOWES, Esq. (Hallowes & Carter), Bedford Row.
EDWIN HART, Esq. (Budd, Brodie, & Hart), Bedford Row.

E. CARLETON HOLMES, Esq. (formerly of E. Carleton Holmes, Son, & Fell),
Bedford Row

FRANCIS REGINALD JAMES, Esq. (Gwynne James & Son', Hereford.
HARRY W. LEE, Esq. (Lee, Bolton, & Lee), The Sanctuary, Westminster.
DILLON R. L. LOWE, Esq. (Lowe & Co.), Temple Gardens.


FREDERICK STUART MORGAN, Esq. (Saxton & Morzan), Somerset Street.
Sir RICHARD NICHOLSON (Nicholson, Patterson, & Freeland), Queen Anne's
Gate, Westminster.
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RONALD PEAKE, Esq. (Peake, Bird, Collins, & Co.), Bedford Row.
JOHN DOUGLAS PEEL, Esq. (Morrell, Son, & Peel), Oxford.
THOMAS RAWLE, Esq. (Rawle, Johnstone, and Co.), Bedford Row.
J. E. W. RIDER, Esq. (Rider, Heaton, & Wigram), Lincoln's Inn.
GEORGE L. STEWART, Esq. (Lee & Pembertons), Lincoln's Inn Fields.
J. PERCEVAL TATHAM, Esq. (Tatham & Procter), Lincoln's Inn Fields.

R. W. TWEEDIE, Esq. (A. F. & R. W. Tweedie), Lincoln's Inn Fields.

W. MEGMOTH WALTERS, Esq. (Walters & Co.), Lincoln's Inn.

Sir HENRY ARTHUR WHITE, C.V.O. (A. & H. White), Great Marlborough Street.
E. H. WHITEHEAD, Esq. (Burch, Whitehead, & Davidsons), Spring Gardens.
E. TREVOR LL. WILLIAMS, E31., J.P., Clock House, Byfleet, Surrey.


This Society, consequent on its close connection with, and exceptional experience of the requirements of, the Legal Profession, INVITES APPLICATIONS FOR AGENCIES FROM SOLICITORS, TO WHOM IT IS ABLE TO OFFER SPECIAL FACILITIES for the transaction of Insurance Business on the most favourable terms. It enjoys the highest reputation for prompt and liberal settlement of claims. Prospectuses and Proposal Forms, and full information, may be had at the Society's Office. The business of the Society is confined to the United Kingdom, and the security offered to the Policy Holders is unsurpassed by any of the leading Insurance Companies.

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A History of the American Bar. By CHARLES WARREN. Cambridge University Press.

MR. Warren, of the Boston Bar, has done good work in bringing together from innumerable scattered sources the scanty information existing in relation to the early Colonial Bars in America. He devotes the first part of his book to an attempt to show the legal conditions in each of the various American colonies during the time prior to the Revolutionary War, and includes brief biographical data of the leading lawyers. In the second part of the book the growth of the American Federal Bar, from the foundation of the United States Supreme Court to the opening of the Civil War, is dealt with.


That important work, Huband on Juries in Ireland (Stevens and Sons, Limited), has been carefully revised and brought out in a new edition, with a Supplement. The volume contains an Historical Statement, second edition; chapters 2 to 17 of the original edition of 1896, and the appendix of Statutes contained in that edition; together with a supplement stating cases decided and statutes enacted during the years 1896-1910. The changes made in the statute law relating to juries in Ireland have been few and unimportant since the book was first published, but there have been many important decisions, and the Supplement brings the whole subject up to date. As we pointed out when we noticed the first publication of the work in 1896, the variance in practice in England and Ireland is carefully noted, but the English practice is given, and the decisions supporting it cited, rendering the work of distinct use and interest in this country.

The late Sir Howard Vincent's Police Code and General Manual of the Criminal Law (Butterworth and Co., and Shaw and Sons), has been issued in a new edition, the fifteenth, in which the text has been revised and to a great extent rewritten by Mr. G. L. Craik and the Hon. F. T. Bingham, Chief Constables of the Metropolitan Police, assisted by Superintendents Moore and Olive. The Commissioner of Police of the Metropolis explains in a preface that Sir Howard bequeathed his interest in the copyright of the book to him in the hope that fresh editions may be published from time to time, and the profits derived therefrom applied to the Metropolitan and City Police Orphanage. Sir Charles Mathews has contributed an introduction.

A tenth edition has been called for of Mr. E. E. Blyth's Analysis of the Sixteenth Edition of Snell's Principles of Equity. (Stevens and Haynes.) The book is intended as a companion to the work it analyses with which it is to be read chapter by chapter. Only references and details which do not appear in the original book are given in the analysis. The book should prove useful to law students in preparing for examinations, when used as intended by Mr. Blyth.


Paterson's Practical Statutes of the session 1911 (Horace Cox), being the sixty-third issue of the series, is edited by Mr. W. de B. Herbert. The book contains full notes, tables of statutes repealed and amended, lists of local and personal and private Acts, and a copious index.

Divorce, by Earl Russell (William Heinemann), is a setting out in simple language of the present state of the divorce law, a tracing of the growth of the ideas which have moulded our present system, and a general criticism.

We have received from Messrs. Butterworth and Co. their Quarterly Digest of reported cases from the 1st Jan. to the 1st April this year, edited by Harry Clover. This is the first quarterly Supplement of Butterworths' Fourteen Years' Digest.

Mr. A. Fingland Jack's Introduction to the History of Life Assurance (P. Š. King and Son) does not claim to be more than its title sets forth-that is, an introduction. The book is divided into two parts, the first containing an historical sketch of the Gilds, preceded by a consideration of some aspects of the Roman

Collegia; the second dealing briefly with various other matters which have or have had their influence in the development of the life assurance idea. A list of works referred to in the notes is given at the end.


Sweet and Maxwell

Napier on the New Land Taxes. Second Edition. Stevens and Sons Limited, 119 and 120, Chancery-lane. Price 18s. Lindley on Partnership. Eighth Edition. Sweet and Maxwell Limited, 3, Chancery-lane, W.Č. Price £2 2s. Tudsbery on Equitable Assignments. Limited, 3, Chancery-lane. Price 6s. net. Norman's Digest of the Death Duties. Vol. 2. Third Edition. Butterworth and Co., Bell-yard, Temple Bar. Price 25s. Oke on the Game Laws. Fifth Edition. Bell-yard, Temple Bar. Price 14s.

Butterworth and Co.,

Assinder on Trade Unions. Second Edition. Stevens and Sons Limited, 119 and 120, Chancery-lane. Price 3s. net.

Earnshaw on Voluntary Liquidation of Companies in the Transvaal. Jordan and Sons Limited, 116 and 117, Chancerylane, W.C. Price 7s. 6d. net.

Criminal Appeal Cases. Vol. 7, Part 8. Stevens and Haynes, Bell-yard, Temple Bar. Price 6s. net.

Stock Exchanges Ten-year Record. 1902 to 1911. F. C. Mathieson and Sons, 16, Copthall-avenue, E.C.

Railway Statistics. 1892 to 1912. F. C. Mathieson and Sons, 16, Copthall-avenue, E.C. Price 1s.




Alcester, Wednesday, at 10
Ampthill, Tuesday, at 11
Ashborne, Wednesday, at 10
Ashford, Monday, at 11.30
Axminster, Wednesday, at 10
Bacup, Tuesday, at 9
Bangor, Monday

Barrow-in-Furness, Wednesday, at


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East Retford, Tuesday, at 11 Edmonton, Monday and Tuesday, at 10

Exeter, Monday, Wednesday, and Thursday, at 10

Frome, Tuesday (By at 11), at 11

Glossop, Wednesday, at 10

Goole, Tuesday

Gravesend, Saturday, at 10

Greenwich, Friday, at 10.30

Halifax, Monday, Tuesday, Wednesday, and Thursday (J.S. at 9.30), at 9.30

Haverfordwest, Tuesday

Helmsley, Thursday, at 10.30
Hertford, Wednesday, at 10.30

Hinckley, Monday, at 12

Hitchin, Monday, at 10
Honiton, Monday, at 10.30
Huddersfield, Friday (R. By)

Hull, Monday, Wednesday, Thursday, and Friday

Huntingdon, Wednesday, at 10
Jarrow, Tuesday, at 10
Kendal, Tuesday, at 11
Kingston-on-Thames, Tuesday
Knaresbrough, Friday, at 10



Monday (J.S.
Wednesday Thursday (J.S. &
A.O.), and Friday, at 10

Leicester, Friday (R. By), at 11
Leigh, Friday

Lewes, Tuesday

Liverpool, Monday (By at 11), Tuesday, Wednesday, Thursday, and Friday (B., A., & W.C.), at


[blocks in formation]

Burton, Monday (R. By), at 11.30
Bury, Monday (J.S.), at 9
Canterbury, Tuesday, at 10
Cardigan, Friday

Carlisle, Friday, at 9.30
Carnarvon, Wednesday
Chard, Tuesday, at 10.45

Cheadle, Thursday, at 10

Chesterfield, Friday, at 9.30

Chipping Sodbury, Saturday, at 11
Chorley, Wednesday, at 9.30

Cirencester, Thursday
Clerkenwell, Monday,


Wednesday, Thursday, and Friday

Clitheroe, Thursday, at 9.45
Colne, Tuesday, at 9.45
Colwyn Bay, Thursday
Consett, Wednesday, at 10.30
Coventry, Monday (R. By), at
2.30; Tuesday and Wednesday,
at 9.30

Crediton, Tuesday, at 10.30
Darwen, Friday, at 10
Derby, Tuesday, at 10
Devizes, Monday, at 10.30
Dewsbury, Tuesday (R. By)
Doncaster, Wednesday, at 10
Droitwich, Saturday, at 10
Dudley, Tuesday, Thursday, and
Friday, at 10

Durham, Tuesday (R. By)
Dursley, Friday

Madeley, Wednesday, at 10

Maidstone, Wednesday, at 9

Malmesbury, Tuesday




Wednesday, and Thursday, at 10

Mansfield, Monday, at 10

Margate, Thursday, at 10

Market Bosworth, Thursday, at 9.45


Monday, Tuesday,

Wednesday, Thursday, and Fri day, at 10 30

Middlesbrough, Monday, at 9.30

Midhurst, Thursday

Mildenhall, Monday


Saturday, at 10

Newbury, Wednesday (. By at 2),

[blocks in formation]

Nottingham, Thursday (J.S.), at 10; Friday (R. By), at 10.30 Oldham, Thursday and Friday, at 9.30

Pembroke Dock, Wednesday Peterborough, Tuesday, at 9.30 Pontypool, Wednesday, at 10.30 Pontypridd. Wednesday and Thursday

Porth, Friday

Portsmouth, Thursday (By at 12), at 10.30

Ramsgate, Wednesday, at 10
Reading, Thursday and Friday
Redhill, Wednesday, at 10
Ripon, Saturday, at 9.30

St. Helens, Wednesday

Salford, Monday, Wednesday, and

Salisbury, Thursday, at 10
Sandwich, Friday, at 10.45
Sevenoaks, Monday, at 10

Sheffield, Thursday (By at 2) and
Friday, at 10

Shoreditch, Tuesday and Thursday Shrewsbury,* Monday and Friday, at 10

Skipton, Wednesday, at 9.45 Southam, Saturday, at 10 Southampton, Tuesday, at 10 Southend, Thursday, Friday, and Saturday, at 10.30

Southport, Tuesday, at 10

South Shields, Thursday, at 10
Southwark, Monday, Tuesday, and
Thursday, at 10.30
Stafford, Friday, at 9.30
Stalybridge, Thursday, at 10
Stockport, Friday, at 10

Stratford-on Avon, Monday, at 10
Sunderland, Thursday (R. By)
Swindon, Wednesday, at 10.30
Thirsk, Wednesday, at 10
Thornbury, Monday
Tiverton, Thursday, at 10
Todmorden, Friday

Tonbridge, Thursday, at 10
Torquay, Saturday, at 10.30
Tunbridge Wells, Tuesday, at 9.30
Tunstall, Wednesday, at 9.30
Uxbridge, Wednesday, at 10

Wakefield, Tuesday, at 10
Wallingford, Thursday, at 10
Walsall, Monday and Wednesday
Wandsworth, Monday

Watford, Monday, at 9.30
Wellington (Salop),* Tuesday, at

Westbromwich, Tuesday (J.S.) and

West Hartlepool, Friday, at 9.30
Westminster, Monday, Tuesday,
Wednesday, Thursday, and Fri-

Whitechapel, Tuesday, Wednesday,
Thursday, and Friday
Wigan, Tuesday (J.S.), at 9
Wimborne, Saturday, at 10
Wincanton, Wednesday, at 11
Windsor, Tuesday, at 10
Wirksworth, Thursday, at 10
Witney, Wednesday, at 11
Wolverhampton, Thursday
Wrexham, Wednesday (By)
Yarmouth, Thursday and Friday
York, Tuesday, at 9.30
Ystrad, Tuesday

No return from Circuit 17.
Other sittings are specially fixed if necessary.

Transfer of Equitable Actions.

THE facts in the case of General Estates Company Limited v. Beaver (132 L. T. Jour. 575) show in a rather remarkable way the powers of the High Court of transferring an action to the County Court and subsequently retransferring the action to itself. The claim, being for disturbance of a right of ferry, seems to have involved a question as to the right to a franchise, and in consequence would not have been triable in the original instance in the County Court. This exception alone seems absurd when it is remembered that an equitable jurisdiction up to £500 already exists in the County Court, and, moreover, in relation to matters which are at least as difficult, if not far more difficult, of decision than the claim in question. That the claim did involve this right was apparently not brought to the attention of the Chancery judge ordering the original transfer, and it is clear under sect. 69 of the County Courts Act 1888 that, even in the case of equitable actions, an action can only be remitted to the County Court which the latter would have had jurisdiction to try had it been commenced there. There seems to be something amiss with a system which involves a party or parties in the costs of (1) a commencement of the action in the Chancery Division; (2) a transfer to a County Court; (3) a trial in the latter court; (4) an appeal to the Divisional Court; (5) an application to retransfer the action by certiorari to the Chancery Division and an order to that effect, and possibly (6) a retrial of the whole matter in the Chancery Division, with the resultant possibilities of appeal therefrom in the ordinary way. It may well be that the claim in this particular action is one of great importance to the parties, but the mere recital of the complicated procedure followed affords some ground of criticism on general principles. If a transfer to the County Court is really beneficial to the parties on any ground, including that of expense, it should be made possible to neglect those exceptions to the jurisdiction of that court which are contained in sect. 56 of the County Courts Act 1888. As has been pointed out above, in equitable claims the County Court jurisdiction, subject to amount, involves and includes the greater part of the jurisdiction exercised by the Chancery Division. Questions of title are confined to cases where the annual value does not exceed £100. On these questions the limit is quite illusory in affording a criterion of the ability of the County Court judge to try such an action. Further, actions of tort, which may include one or more of the excepted claims, are now transferred to the County Court, not because its jurisdiction is co-ordinate in the particular action with that of the High Court, but upon the far more practical and sensible ground that the plaintiff has no visible means of paying the costs of the

defendant should the latter succeed in the action. The amendments contemplated in the new County Courts Bill in relation to the transfer of actions are all framed on the principle of making the amount claimed the deciding factor. In many respects this is a good working rule, but, as has been pointed out, it is ineffective in dealing with similiar to that noted above.


SHIPP v. FRODINGHAM IRON AND STEEL COMPANY LIMITED. Workmen's Compensation Act 1906, sched. 1, par. 2, sub-par. (d)"Earnings"-Deduction for Explosives-Mining.

Where a workman is paid a sum of money consisting of so much for every ton of ironstone plus so much per cent., and so much for every yard of sand plus so much per cent., subject to a deduction of 38. per man per week for explosives, the weekly “earnings of the workman are the aggregate sums before the 3s. per week for explosives are deducted.

ARBITRATION under the Workmen's Compensation Act 1906, heard on the 15th April at the County Court of Lincolnshire sitting at Brigg before His Honour Judge Sir Sherston Baker, Bart.

Neal for the applicant.

Wainwright for the respondents.

The facts sufficiently transpire from the following judgment:

His HONOUR.-In this arbitration one Shipp claims compensation from the Frodingham Iron and Steel Company Limited for injuries to his left foot. The respondent company have admitted liability to pay half wages on the basis that the applicant's wages amounted to £1 6s. 2d. per week. But the applicant workman insists that his wages amounted to £1 9s. 2d. The difference between the two parties consists in this, that about 3s. per week was deducted by the company from each man's wages for powder. The men worked in gangs, and each gang was paid for every ton of ironstone 62d. plus 31 per cent., and for each yard of sand 24d. plus 6 per cent. Thus, for example, 953 tons 12cwt. of ironstone at 6d. = £26 16s. 5d., plus 3 per cent., i.e., £1 Os. 1d.= £27 16s. 6d., and thus 170 yards of sand at 21d. = £1 15s. 5d., plus 2 per cent. £29 14s. 1d. Deduct from this the cost of powder used by the gang, £3 4s., and it leaves a balance of £26 10s. 1d. to be divided between the members of the gang. It was admitted by the parties that the whole question depended on whether the powder should be deducted or not. It was argued by the applicant workman that £1 9s. 2d. were his wages, and that 3s. deduction for powder could not be computed. The applicant had to provide himself with necessaries for his work, and said that the cost of those could not be deducted. He relied on Abram Coal Company v. Southern (89 L. T. Rep. 103; (1903) A. C. 306), Houghton v. Sutton Heath Company (83 L. T. Rep. 472; (1901) 1 K. B. 93), and M'Kee v. Stein and Co. (1910) S. C. 38). It was argued for the respondent company that the earnings of the men were not ascertained until after the figures and deductions had been worked out, and that the gross sum of the allowances included a sum to cover the powder. It was said that the first two cases quoted were under the Act of 1897, and that the wording of the Act of 1906 is different. They relied on sched. 1 (2) (d)-viz.: "Where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings." In my judgment this enactment does not apply to the present case. It transpired in course of the arbitration that certain terms were made between the workman and the company which resulted in the arrangement for payment which I have above recited. But, so far as has been evidenced by either side, no written terms were made. Therefore I have only the crude verbal arrangement to deal with. From that it appears that each workman was to be paid a sum of money amounting, roughly, to £1 9s. 2d. per week, and that from that sum the company should deduct the cost of the explosives, about 3s. per man per week. Sched. 1 of the Act of 1906, par. 2, sub-par. (d), appears to me only to apply where the employer pays, not deducts, a sum to a workman for some special expense, such as a railway fare, a lodging, or an allowance similar to that considered in Midland Railway Company v. Sharpe (91 L. T. Rep. 181; (1904) A. C. 349) The enactment does not apply here, where, in my opinion, the facts are practically similar to those in Abram Coal Company v. Southern (ubi sup.), Houghton v. Sutton Heath Collieries (ubi sup.), and M.Kee v. Stein and Co. (ubi sup.) above mentioned. I find for the applicant for 14s. 7d. per week from the date cf the accident-that is, on the basis of £1 9s. 2d.-with costs.

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