Thursday, July 18 Thursday, Aug. 1 Thursday, Aug. 15 Thursday, Oct. 3 Thursday, Oct. 17 Thursday, Nov. 7 Thursday, Nov. 21 Thursday, Dec. 5 Thursday, Dec. 19. THURSDAY NEXT.-Periodical Sale No. 958.-Reversion. MESSRS. H. E. FOSTER & CRANFIELD MESSRS. H. E. FOSTER & CRANFIELD will SELL by AUCTION, on THURSDAY, JULY 4:- Particulated at. Den subject. Solicitor, 8. George street, Hanover-square, W.; and of the Auctioneers. THURSDAY NEXT.—Periodical Sale No. 958.-Reversion. ME ESSRS. H. E. FOSTER & CRANFIELD will SELL by AUCTION, on THURSDAY, JULY 4: The ABSOLUTE REVERSION, receivable on the death of a lady aged 57, to Freehold Property at Sudbury, estimated at £1400.-Particulars of Messrs. Gibson, Usher and Co., Solicitors, Portugal-street-buildings, Lincoln's-inn, W.C.; and of the Auctioneers. THURSDAY NEXT.-Periodical Sale No. 958.-Reversion, ESSRS. H. E. FOSTER & CRANFIELD will SELL by AUCTION, on THURSDAY, ME JULY 4: The REVERSION, receivable on the decease of a gentleman aged 47, and of a lady aged 46, to the whole of fully paid Policies for £1173 and £892, effected with the Scottish Equitable Life Assurance Society.-Particulars of Messrs. Walker, Martineau and Co., Solicitors, 36, Theobalds-road, W.C.; and of Arthur F. Whinney, Esq., Chartered Accountant, 4B, Frederick's-place, Old Jewry, E.C.; and of the Auctioneers. THURSDAY NEXT.-Periodical Sale No. 958.-Reversion. ESSRS. H. E. FOSTER & CRANFIELD Mill SELL by AUCTION, on will SELL by AUCTION, on THURSDAY, JULY 4: Tab es, and Fixtures for 1912: A.B. A. Constitution, A GENERAL INDEX to Vols. XXI. to Rules for Regattas, Laws of Boatracing, Proceedings in 1911, &c.: Henley Regatta Constitution, Rules, &c; Rules and Regulations for the Wingfield Sculls; Length of Racing Courses; Rowing Directory; Distances XXX. (1869 to 1874) of the LAW TIMES REPORTS. It comprises: I. 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Woodcock, Ryland and Parker. Solicitors, 15. Bloomsbury-square, W.C.; and of the Auctioneers, 6, Poultry, E.C. PERIODICAL PROPERTY AUCTIONS. MESSRS. H. E. FOSTER & CRANFIELD beg to announce that their PROPERTY AUCTIONS are held at the Mart, Tokenhouse-yard, E.C., on the FIRST and THIRD WEDNESDAYS in every month. The dates fixed for 1912 are as follows: Vendors, Solicitors, and Trustees having Properties for Sale are respectfully invited to communicate with the Auotioneers, at their Offices, 6, Poultry, London, EC. Telegrams, Invariably, London.' Tel. Nos, 999 and 1000 Bank, and 8539 Central. The "FIELD" Lawn Tennis Score Book for Matches. Designed by W. WILLIAMS. Price SIXPENCE HORACE COX, Windsor House, Bream's Buildings, London, E C. Price 2s. 6d. net. How to Increase a Stock of Partridges. BEING A DETAILED ACCOUNT OF HOW By J. WORMALD. Every keeper, and all those interested in Partridge rearing, should possess one of these books. 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Parcels of Volumes for binding should be sent to the Publisher, Law TO ADVERTISERS.-SCALE OF CHARGES FOR ADVERTISEMENTS. less than 30 words in body type Half page 3 6 One column 6 10 0 0 Each additional line Vol. 133.-No. 3613. 674 KING'S BENCH DIVISION. -Life insurance-Double endow- 678 CORRESPONDENCE 680 BIRTHS, MARRIAGES, and Deaths 222 The Law and the Lawyers. Business in the King's Bench. In this division the work is practically at a standstill. Special and common jury actions set down at the beginning of April last still await hearing, while in the Civil Paper appeals entered in that month are not disposed of. The Crown Paper has not been taken during the present sittings, and, with the Long Vacation upon us in a month and many of the judges still away on circuit, there is little prospect of any improvement in the near future. Resisters and Protesters. THAT the attitude of certain sections of the community towards laws that they do not approve has undergone a curious development in recent years cannot be disputed, and, as a leader writer in the Times accurately points out in dealing with what he describes as "the insurance hubbub," the situation "reveals an ominous change of attitude towards law in general which cannot but give concern to all thinking persons." Passive resisters, suffragettes, Finance Act and Insurance Act protesters, no doubt "all highly respectable people," each in their turn glory in their defiance of the law. That strenuous opposition should be offered to proposed measures with which individuals do not agree, and that all proper means should be taken to obtain a desired alteration in the existing law, is only right, but it is the duty of all decent citizens, of whatever rank or station they may be, to obey and assist in the administration of the laws in force for the time being. The matter is tersely summed up by the writer we have quoted above in the words: "We cannot pick and choose to suit ourselves what laws we will observe and what we will ignore. If one man is at liberty to defy this Act, another can defy that." To permit this would be to acknowledge a state of anarchy quite impossible in a civilised State. The Communion Case. UPHOLDING the Dean of Arches, the Divisional Court, and the Court of Appeal, the House of Lords has now unanimously dismissed the appeal of Canon THOMPSON, and has held that a beneficed clergyman of the Church of England may not repel from Holy Communion members of that Church who have contracted a marriage valid since the Deceased Wife's Sister's Marriage Act 1907. The "lawful cause" alleged in the pleas described the respondents as 66 open and notorious evil livers," but, as Lord LOREBURN stated, "it is inconceivable that any court of law should allow as lawful cause the cohabitation of two persons whose union is directly sanctioned by Act of Parliament and is as valid as any other marriage within the realm"; and Lord HALSBURY further added, "it is absolutely ludicrous to apply the words 'open and notorious evil livers' to persons the validity of whose marriage has been established by Act of Parliament." The First Proviso to Sect. 1. ANY other conclusion than that arrived at by all the courts upon the first point would have been deplorable, but it was then contended that, owing to the first proviso to sect. 1 of the Act of 1907, no clergyman could be admonished for refusing Communion to spouses whose marriage was made lawful by the Act. But it is clear when the whole of the section, including the three provisos, is looked at, that that proviso has reference only to the actual marriage and its incidents, and both Lord LOREBURN and Mr. Justice DARLING have pointed out the extraordinary effect of any other construction, and the results that would ensue if the wide interpretation sought to be placed upon it by the appellant was acceded to. The Law of the Church. We do not suppose that the result of this case will be acceptable to a certain section of the Church of England, who, although ready and willing to accept the emoluments attached to the benefices of the State Church, are only too ready to give the go-by to the fact that the Church of England owes its position and those emoluments to the law of the land. Apparently forgetful of these facts, they denounce the jurisdiction of the civil courts, quite ignoring the position that there is no such thing as the law of the Church apart from the law of the realm. Nobody desires that any man-clergyman or layman-should be compelled to enter upon religious matters save in conformity with his own conscience, but, at the same time, the final result of the case of Bannister v. Thompson will commend itself to all moderate and fairminded people. 66 MOTOR-CARS AS EFFECTS." IT is probable that the case of Re Hall; Watson v. Hall (noted ante, p. 177) will serve a most useful purpose in drawing the attention of practitioners engaged in drafting the will of a person of moderate means to the desirability of making some inquiry as to what the testator desires to be done with any motor-car that he may possess. The will in that case was executed in 1905, and although cars were not in such universal use seven years ago as they are to-day, they were sufficiently numerous to have justified a specific allusion. It is to be noted that in some of the collec tions of precedents to which reference is always made there are to be found clauses drawn in such a form as would have rendered the litigation in the above.mentioned case needless. Thus, in Key and Elphinstone (9th edit., vol. 2, pp. 766, 767) we find a form of bequest of furniture and personal effects in which the testator gives his "motor-cars" as well as horses, carriages, saddlery, and other items of equine furniture. In Re Hall (ubi sup.) the testator's bequest was framed in more ambiguous language. The gift was one of "all my carriages, horses, harness, and stable furniture and effects." The facts showed that the testator's purchase of a car had been attended, as is usual, by the disposal of several horses and carriages, with the result that his stable had been reduced to one horse and two traps. Mr. Justice Parker was unable to feel convinced that the widow, who was entitled to the benefit of this clause, was thereunder justified in claiming the car. It is less than four years ago that Mr. Justice Eve decided Re Howe; Ferniehough v. Wilkinson (1908) W. N. 223). There the bequest was one of "all my household furniture and effects in [my house] Thornleigh just as it now stands." The testator had in use at the time of his death several cars, garaged in a building constructed by him in the yard. Mr. Justice Eve held that the cars passed under the bequest. This decision is remarkable. It is necessary, however, to note two points not to be deemed subsidiary. One was that the gift contemplated the beneficiary enjoying the house and its contents in its then present condition, and on the evidence it appeared that the beneficiary often occupied a seat in one or other of the cars for the purpose of shopping and calls. Another feature was that the annual expense attending the cars had averaged some £1800. Under these circumstances Mr. Justice Eve thought the cars were an important accessory to the house as it stood, and accordingly they were held to pass under the bequest. 66 This case is remarkable, then, as showing that "effects" is, in Mr. Justice Eve's judgment, a word of wide enough import to include a motor-car, even though the word is in collocation with what might have been regarded as the narrowing combination of terms, "household furniture." In Re Hall (ubi sup.) the word "effects occurs again, as does also the word 'furniture." Instead of "household furniture and effects," we have, however, to consider" stable furniture and effects." Looking further into and comparing the context of the two cases, it will be seen that in Re Howe (ubi sup.) these "effects" were in the clause containing the gift united to the house, " its appurtenances" (a word itself suggestive), and surrounding land just as it stood. In the recent case the "effects" follow an express gift of "all my carriages, horses, harness, and stable furniture." Whatever opinion may be formed as to the intention either of the draftsman or testator in the earlier case, it seems very plain that the later will was directed solely to horseflesh, and that a mechanical vehicle was quite out of contemplation. It is notoriously unsafe to attempt to interpret one will with too great reliance on the interpretations applied to other wills, but it is difficult at times to find where the distinctions are founded. There used to be some feeling that in the phrase “household furniture and effects" there was a limitation imposed by the first word on those which followed it, and this principle seems to be recognised in the narrowing use of the words “stable furniture and effects," but it is not easy to find it recognised in Re Howe It may be that the reference to the house as it stood and its appurtenances, and the special circumstances attending the use of the cars, warrant the decision. We find in certain decisions in consonance with this rendering of the phrase that household effects will embrace wines, pictures, lathes, sewing-machines, an organ, and so on, all of which are of a household nature, and will not include guns or tricycles, which are surely of extra household enjoyment. Jewellery has been excluded in Re Hammersley; Heasman v. Hammersley (81 L. T. Rep. 150) from passing under "household furniture and effects," but there were mentioned in the will in that case a series of items, and none of these was ejusdem generis with jewellery. On the other hand, Mr. Justice Stirling held that horses and carriages did fall within the words, although it is not easy to see that they were much more closely allied to those items than was the jewellery. |