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rate, after the appointment of the election agent. But a much wider meaning had in several cases been given to the phrase "election expenses." It had been held to include all expenses purposely ante-dated so as to defeat the Act, as, for example, by the purchase of stationery to be used at an election which was still in the uncertain future. No doubt this was perfectly right. It had been held to include all preparations made for an election before the issue of the writ; all expenses incurred when an election was "reasonably imminent," whatever that might mean; and all expenses incurred in order to promote the election of a particular candidate after the candidate had consented to stand. That was held in the Norwich case in 1886, and the same rule was applied and, he thought, somewhat extended in one of the cases heard in 1910. In practice the judges could and did in some cases include all the expenses incurred by a candidate in what was known as "nursing a constituency," such as the cost of meetings, of printing of circulars, and of political literature-whether defrayed by the candidate himself or not-the theoretical test being whether these expenses were incurred, not merely for the general interests of a political party, but for the purpose of promoting the ultimate election of that particular candidate. If such a test were applied in all cases, it was obvious that a candidate who was before a constituency for, it might be, two or three years would be placed at a great disadvantage, and might easily have exhausted, or, at any rate, largely encroached upon the maximum expenses allowed long before the election itself arrived. practice he believed it was extremely rare for an election agent to include all the preliminary matters in his return of "election expenses"; and he was quite sure that a great many respected members of the House of Commons could have been unseated if this rule had been applied strictly and universally-that is to say, if a petition had been brought in every case. He pointed out the extreme difficulty of applying the rule impartially between a sitting member and his prospective opponent. Every sitting member constantly did things and paid expenses, between one general election and another, which had no other object than that of promoting his own re-election next time. Was he to be in a better position than his rival? Did sitting members in fact include this sort of expenditure in their election expenses return? Why, then, should the competing candidate be compelled to do so? The only method, to his mind, of dealing fairly and in a practical manner with this vexed question was to separate election expenses from expenses of candidature. Let there be a maximum for each, and let the candidate who was ultimately elected make a separate return of each. He thought that the maximum for election expenses proper might in that case be lowered; but it should be a settled rule that election expenses should commence only when the vacancy occurred or the writ was issued. All expenses incurred by a candidate-and a sitting member should be deemed to be a candidate unless he had declared his intention of not standing again-for the purpose of promoting his election or re-election should be confined within a statutory maximum. The amount should be very moderate and need not necessarily depend entirely upon the number of registered electors, or upon the territorial size of the constituency. As to the bestowal of charitable gifts by a sitting member or a candidate, the existing law was not satisfactory. In the recent Hull case the sitting member was unseated on petition, though the judges expressly acquitted him of any wrong intention, on the ground that the time, the manner, and the circumstances of the charitable gifts were such that it was impossible to allow the election to stand. He could not help feeling that the task of deciding what the motive of a candidate had been was too difficult and invidious for any tribunal to discharge to its own satisfaction. It would be far better to prohibit all charitable gifts, beyond a specified and very limited amount which the candidate might be permitted to expend personally. He would include in the prohibition all subscriptions to slate, football, cricket, and social clubs and entertainments. With regard to the distribution of "election literature," recent experience had shown that this was a crying evil. Every committee room was at election time besieged by a crowd of poverty-stricken wastrels and loafers clamouring for employment, of whom many were voters, but, except in the rare case of a scrutiny, their votes were never challenged. There could be no doubt that much of this employment was merely colourable, and much of the stuff they were supposed to distribute found its way down the gutters. It was very questionable whether such employment was not illegal per se. There were conflicting dicta of the judges as to the distribution of handbills in the Barrow and Stepney cases, in 1886; but in the Exeter and Ham petitions last year the judges were pressed to decide positively whether such distribution was legal or not, and refrained from doing so, though one judge said that_the practice had been so long followed that he was disposed to hold that the words "notices and addresses" in the schedule to the Act of 1883" covered anything that the voters were intended to read." No doubt legislation was necessary if

the illegality of the practice was to be established. If election literature was really valuable, which few, even of its authors, were likely to assert, let it be distributed by volunteers; but elections would be all the purer when its distribution was abolished entirely. He desired to emphasise what many had said before him, the desirability of charging the expenses of the returning officer, including the provision of polling places and the payment of clerks, upon the rates rather than upon the pockets of the candidates. Many of the payments were made by local committees and other voluntary workers, and, so long as the election agent ultimately repaid these, the judges had always shown a tendency to hold that the Act had been sufficiently complied with. He thought that the law should be strengthened, so as to carry out the intention of the Act that the election agent himself should be actively and personally responsible for all these matters. He would urge candidates to select as election agent a competent professional man, accustomed to the organisation of an office and the management of a staff, and who was able to make himself acquainted with election law, if he had not already learned it by experience. He should be paid an adequate sum, even if it were necessary to economise in such matters as printing, posting, and advertising in consequence. He was sure the candidate would reap the benefit, not only by minimising the danger of a petition, but by being prepared to meet an attack, if it came, with confidence and equanimity.

Mr. Justice Eve, responding to a vote of thanks, said that a reform which he would very much like to see carried out was the shifting of the expenses of the returning officer from the candidate to the rates. He had sat for a very large county constituency, and the amount of election expenses attributed to the returning officer was out of all proportion to the total amount which might be expended. Speaking of the great value of the association, he expressed the hope that the association was making up amongst the younger men for the natural falling off amongst the older men. An association of this sort must be progressive, it must be virile, and it must always be renewing its strength by the accretion of the younger men in the Profession. Its value depended largely upon the support it received from its members, and its capacity to give the fullest advantage to its members depended greatly upon the money it was necessary to extract from them. The annual subscription was one guinea, which was a tax upon many men, but he thought that if there were a larger membership there would be a possibility of reducing the subscription. He did think that a very much larger number of managing clerks ought to be members of the association, and he urged that a strong effort should be made during the present year to obtain a larger increase (of membership than during any previous year.


A MEETING, the first of the session, of the Medico-Legal Society was held on Tuesday at 11, Chandos-street, Cavendish-square, Earl Russell, the newly elected president, taking the chair. Among the members of the Legal Profession present were Messrs R. Henslowe Wellington, M. Wimpfheimer, Walter Asten. Walter C. Williams, and Roland Burrows (hon. sec.).

The President delivered his inaugural address, in the course of which he observed that ten years ago the opening address was delivered by the first president, Sir William Collins. He was followed by Mr. Justice Walton, until death removed him, leaving behind pleasant recollections of his kindness and geniality; and then came Sir John Tweedy, of whose term of office the members would also cherish the happiest recollections. The society had already in its brief career made a name for itself and contributed many interesting discussions in that region which was neither precisely law nor purely medicine. Now, in the domain of medicine the lawyer was a layman, and in the domain of law the doctor was a layman, except so far as they were both possessed of scientifically trained minds which enabled each the more easily to apprehend the science of the other. Some also were fortunate enough to possess both qualifications, and that might account for the active part which coroners had taken in the work of the society. For there were various points in the daily affairs of human life where medicine and law touched, and the chief object of the society had been to stimulate discussion on those particular points that doctors and lawyers might better understand one another Too often when a doctor was in the witness-box he was found to be at cross purposes with counsel and sometimes even with the judge, and often enough in some classes of cases the judge would be better fitted to try them and to understand them if he had some medical knowledge. This department of thoug had been known for some time under the name of forens medicine, but the teachings under this head had been larg limited to trying to teach a medical witness and advocate b to succeed in making it clear to a jury that a person did dr of poison, or some particular piece of medical proof of that k The object of the discussions of the society had rather been ↳

The SHIPWRECKED Fishermen and

Royal Benevolent SOCIETY (Over 640,000 persons relieved since its institution in 1839) The Shipwrecked are instantly cared for on the spot and sent home. The Widow and Orphan are immediately sought out and succoured. The Mariner and Fishermau, under Provident Section, are directly encouraged in self-help.

President-The Right Hon. The EARL CADOGAN, K.G.
Chairman-Admiral W F. S. MANN.
Secretary-GERALD E. MAUDE, Esq.

26, Suffolk Street, Pall Mall East, London, S.W.


MARINE SOCIETY (Instituted 1756).

The first Training Ship in this or any other
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On board the "Warspite" 240 boys of good character and physique only are annually trained exclusively for the sea services. This number could be increased to 300 if funds were forthcoming.

Boys are clothed. trained, and maintained until fit for the sea services free of all expense to parents and guardians. From 1756 to 1912 over 66,30 boys have been sent to sea, and of these 28,700 joined the Royal Navy. Legacies & Annual Subscriptions much needed.

H.T. A. Bosanquet, Lieut., R.N., Secretary. MARINE SOCIETY, Clark's Place, Bishopsgate, E.C.

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The Royal Alfred Aged Merchant
Seamen's Institution

APPEALS FOR your kind help to maintain its many
Inmates and Out-Pensioners, and to relieve the

Bankers-Williams, Deacon's Bank Limited, Birchin
Lane, E.C. Secretary-J. Bailey Walker.



1384 Centres of Religious Work, and 180 Branches
of Social Work are established in the United
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Some 8000 Poor are Housed Nightly, and
Thousands found Work Daily. At Home and
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Help is urgently needed for Men's Homes, Women's
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Please cross cheques "Bank of England, Law
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A HOME and SCHOOL for 500 FATHERLESS CHILDREN, and a Memorial of the Beloved Founder, C. H. Spurgeon. No votes required. The most needy and deserving cases are selected by the Committee of Management.

Contributions should be sent to the Secretary, F. G. LADDS, Spurgeon's Orphanage, Clapham-road, London, S.W.

NOTICE TO INTENDING BENEFACTORS.-Our last Annual Report,containing a Legal Form of Bequest, will be g'adly sent on application to the secretary.


Maitland Park, Haverstock Hill, London, N.W.
Convalescent Home, Magate.
Treas.: Sir HORACE B. MARSHALL, M.A., LL.D., Ald.
Bankers: The London Joint Stock Bank, Princes-
street, E.C.

Maintains and educates 500 fatherless children. Boys and girls are admitted from infancy to 11 years of age, and retained till 14 or in special casee 15

Depends upon Voluntary Contributions. Legacies, Donations, and Annual Subscriptions are greatly needed. Secretary, ALEXANDER GRANT, to whom all communications should be addressed. Offices: 78, Cheapside, London, E.C.


Adjoining the Park of 217 acres and popularly known as

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Its remoteness from the West End, to which it must necessarily look principally for support, handicaps the Hospital seriously. PLEASE HELP WITH DONATION OR LEGACY.

GEORGE WATTS, Secretary.

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All Applications respecting Advertising on this Inset should be addressed: Messrs. HOOPER & BATTY, Advertising Contractors, 15, Walbrook, London, E,C. See also other Appeals on the Inside Back Page.

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All Applications respecting Advertising on this Inset should be addressed: Messrs. HOOPER & BATTY, Advertising Contractors, 15, Walbrook, London, EC

extend this linking up of the two great professions and thereby enable the doctor better to understand the sort of precision that was desired by the lawyer in some cases, and to get justice to understand the sort of caveats that the doctor sometimes had to enter against the classifications of the criminal lawyer. Modern understanding of some forms of crime and modern humanitarian feelings as to its treatment rather than its punishment, together with the direct effect of many statutes based on medical considerations, had made these mutual approaches the more necessary. The influence of doctors on the law might be conveniently considered under three heads which were more or less distinctive: First came legislation of what might be called a sanitary character, of which the Public Health Act was typical; then the administration of criminal law, both as to the responsibility of the criminal and as to prison and reformatory, treatment; and, thirdly, the modern and as yet fluid and unformed.. science of eugenics. Doctors were the first practical Rationalists -that was to say, when a pestilence or scourge arose, they did not attribute it to the Divine pleasure, but sought for a mundane cause. Thus they endeavoured to persuade people that cesspools were not good to live with, and that sewage did not improve drinking water, and so medical influence secured the passing of the Public Health Act and the provision of drainage systems. Factory legislation and all it involved in the way of promoting and protecting the health of factory workers was a step further on the road. After referring to further advances, he observed that the last touches of which he knew were the by-laws against spitting and the Notification of Diseases Act. In other directions public attention had been turned to the size of living rooms, the provision of fresh air, the width of streets, and the dryness of houses, but this particular class of legislation had been so tinkered at and so modified for fear of the property interest as to be more instructive than useful in its present state. Turning to the subject of prison administration, he said that it did not appear that the medical profession took much interest in this question in earlier days, and most of the sanitary reforms were due to the efforts of humanitarians. Nor could lawyers claim any praise here, though the question was brought home to them in a way one would have thought sufficiently forcible by judge, sheriff, and counsel all dying of gaol fever on more than one occasion. The chief function of a doctor in earlier days was to say how far a prisoner could safely suffer his punishment, and that was still one of his most important functions. The importance of medical advice in administration was now, however, fully recognised, and a doctor was now found on the Prison Commission, and one was attached as a matter of course to every prison. Having referred to other changes and reforms advocated, and in some cases accomplished, on the advice of doctors, he said he thought it showed how many points there were on which it was desirable that the lawyer and the legislator should meet in such a society as the Medico-Legal. They had to convert the legislator and the public, if they could, to the soundness of their views; while the legislator had to temper their reforming zeal by discretion, and to tell them which advances were practicable and which were regarded as unproved and faddist. Counsel who argued the law, judges, recorders, and magistrates who administered it, would do so all the better for some knowledge of the medical truths. underlying the many enactments relating to the public health, and the medical man would only strengthen his position by meeting and rebutting where he could the criticisms of lawyers, who were not themselves given to initiating reforms. To bring these two parties together in friendly and fruitful discussion was the great object of the society.

Mr. F. G. Crookshank, M.D., M.R.C.P., read a paper on the subject of "Delayed Shock," which he treated entirely from the medical point of view, as did the speakers in the discussion which followed.


A MEETING was held on Monday, the 21st inst., at 3, King's Bench-walk, Temple, E.C. Mr. J. Ball moved: "That the case of Ball v. Hunt (28 Times L. Rep. 428) was wrongly decided." Mr. S. E. Redfern opposed. The following gentlemen also spoke : Mr. C. P. Blackwell, Mr. R. Primrose, Mr. Cox Sinclair, and Mr. Norman Aaron. The motion was lost by two votes.



THE fourth term of the year will commence on Thursday, the 31st inst., on which and the following day the Principal will be in his room, from 10.30 to 1, and from 2.30 to 5 p.m., for the purpose of seeing students who desire to enter for the lectures or classes of the term. Lectures commence on Monday, the

4th Nov. The subjects for Final students will be (1) Torts and Personal Property (Mr. Latter), (2) Practice of Conveyancing (Mr. Uthwatt), and (3) Procedure in the King's Bench Division. (Mr. Wright); and for Intermediate students (1) Things Real: (the Principal), (2) Things Personal and Rights in Private Relations (Mr. Gwyer), (3) Law of Crimes (Mr. Gwyer), and (4) Trust · Accounts (Mr. Dicksee). Revision classes will be held in (1) Contracts (Mr. Gwyer and Mr. McNair) and (2) Probate, Ecclesiastical and Admiralty Law (Mr. Langridge). New classes will be commenced in Jurisprudence and in Roman Law for the LL.B. Intermediate Examination. Full particulars and copies of the prospectus and time-table can be obtained on application to the Principal, or to the society's office.

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SIR JOHN MACDONELL, as Quain Professor of Comparative Law, delivered the second of his present course of lectures upon "Modern Social Influences as Seen in Comparative Law" at University College, Gower-street, on Wednesday." He stated that he proposed to point out some salient features of agreement and difference in four or five great systems of law. Such sketch' as he was able to give would serve the purpose of a map on a large scale. He quoted a remark made to him by the late Lord Collins, when the lecturer had expressed to him surprise that judges in the Judicial Committee were able to solve questions arising out of so many different legal systems. Lord Collins remarked that all developed systems of law necessarily dealt with certain problems, that some of these problems must be solved by all systems in the same way, and that certain rules once laid down necessarily implied the existence of certain other rules. The systems selected for consideration were, Greek and Roman in the past, English, German, and French in the present. All these systems were in a sense modern, and not the less so although the first two had a history far anterior to the others. All of them were modern in the sense that the archaic element in them, when fully developed, was comparatively small; all had passed, in technical language, from fas to jus. Though traces of the former existed, all these legal systems were those of free people. All of them presupposed a similar family system. Monogamy was postulated by all of them. The lecturer had been so much struck by the points of similarity between the systems that he could not help being hopeful as to the formation one day of a system of private law substantially alike among civilised States. Liebnitz had thrown out the idea, letter to Hobbes, that there might be formed out of Roman law a system of private law acceptable throughout the whole of Europe. Though the actual result would not come about in the manner indicated by Liebnitz, substantial uniformity such as he anticipated would not be far off. The lecturer, dealing first with Greek law, pointed out that though it had a legal history much shorter than that of Rome, a remarkable series of changes in law had been crowded into one comparatively short period. He quoted the remark of M. Glotz, who observed that in a period of 300 years in Greek legal history had been crowded changes of a kind which in the rest of Europe had been spread over about 2000 years. He next called attention to the shortcomings in Greek law. There was nothing corresponding to Gaius, the Institutes, the Digest, or the Code. There was no Legal Profession. There were no professional advocates, as understood by us. There was no functionary corresponding to the prætor, and no machinery for extending the law such as the Perpetual Edict. But there had been a disposition to overrate the imperfectness of the Greek law. The lecturer pointed out that many ideas long accepted by lawyers were traceable to a Greek origin. He referred to the doctrine of natural law, which originated in Greece. True or false, of all doctrines to be found in jurisprudence it had had the longest history and exercised the most influence and thought. It was among the two or three leading conceptions with which men had sought to find unity in the apparent discords of history, and, whenever there was found a tendency to harmonise ethical or legal practices of nations, there was a reversion to natural law in some form. The lecturer next spoke of the striking reverence which the Greeks had for law. He further drew attention to certain modern characteristics belonging to it, particularly the disregard of ceremonies or technicalities, the absence of legal fictions, the extreme importance attached to writing in contracts. He added that had Greece done nothing more for jurisprudence than to give clear expression to the conception of a Rechtstatt, a community voluntarily and permanently setting limits to its own action, it would, in the view of the lawyer, have done much. Having briefly referred to some characteristics of Roman law, the lecturer passed to the classifi cation of law to be found in the two early systems and in modern codes. He first described the classification which had been


suggested by various modern jurists. He then compared these suggestions with the actual classifications to be found in the Code Napoléon, the Italian Civil Code, the German Civil Code, the Japanese Civil Code, and the Swiss Civil Code, and he referred to certain characteristics in these codes, among others the following: Modern codes conformed to a certain plan, the variations from which were few and unimportant; the arrangements to be found in these codes differed greatly from those which theoretical jurists had recommended, further, that the tendency was to separate from special provisions certain general matters and to throw into an introduction to the code certain general rules. He also showed how it was found more and more expedient to separate from the general code special matters, such as bills of exchange, merchant shipping, and railways. The ideal of a code, according to Bentham and some other writers, was to leave, if possible, no discretion to the judge. One of the chief characteristics of modern codes was the opposite-that was, to leave very much to the judge. There was a renunciation of the impracticable attempt to provide for every contingency. He also pointed out that there was a disposition shown in all of these codes to create what might be called a new equity in the form of provisions giving the judge large discretion. A further characteristic of these codes, especially the latest, was to curtail certain rights which might be used in harsh and inequitable ways, what some Continental writers called the "socialisation" of the law.

PROFESSOR SIR JOHN MACDONELL, C.B., M.A., LL.D. (Quain Professor of Comparative Law), is delivering at University College a course of public lectures on "Some Points of Likeness and Difference between Greek and Roman Law and Modern Systems of Law: A Chapter in the History of Comparative Law" on Wednesdays, at 5.30 p.m. The first was given on Wednesday, the 23rd Oct. These will be followed by a course of public lectures on "The Theoretical Writings upon International Law since Grotius," to be delivered at the London School of Economics, Clare Market, beginning on Thursday, the 21st Nov., at 5.30 p.m. The professor's prizes of £12 and £10 respectively will be given at the end of the session for the best essays, showing sufficient merit, on subjects connected with the lectures in comparative law or international law. Candidates for the prize in comparative law must have attended at least two-thirds of the lectures on comparative law and have worked to the satisfaction of the professor; and candidates for the prize in international law must have attended at least two-thirds of the lectures on international law and have worked to the satisfaction of the professor. The lectures are open to the public without fee; they are intended not only for lawyers, but for students of political economy, political science and sociology, and for journalists. Inquiries respecting these courses, the other law courses, the professor's prizes, and the Joseph Hume Scholarship shouldjbe addressed to the Provost of the college.


LAW STUDENTS' DEBATING SOCIETY.-At a meeting held at the Law Society's Hall, Chancery-lane, on the 22nd inst. (chairman, Mr. C. F. King), the subject for debate was: "That the case of Re Atkinson and Horsell's Contract (106 L. T. Rep. 548; (1912) 2 Ch. 1) was wrongly decided" (Vendor and purchaserContract-Title-Commencement of-General devise-Subsequent possessory title depending on Statute of LimitationsWhether purchaser bound to accept title). Mr. Henry T. Thomson opened in the affirmative, and Mr. G. E. Tunnicliffe seconded. Mr. J. E. Shrimpton opened in the negative, and Mr. A H. Morton seconded. The following members continued the debate: Messrs. A. R. N. Powys, W. S. Jones, L. Peppiatt, H. K. Turner, W. Pleadwell, A. M. Hutton, and W. Blanco White. The motion was lost by four votes.

BIRMINGHAM.-A meeting was held at the Law Library, Bennett's-hill on Tuesday, the 22nd inst., Mr. Arthur Ward barrister-at-law, in the chair. The following moot point was debated: "Buckskin, a modern Beau Brumel, advocates in the correspondence column of the Littleshire Lyre, under the nom de plume of Anti-cant,' mixed bathing at the public baths. On several occasions during the preceding six weeks the Rev. Melchisedech Howler has also written letters to the editor on the subject of Welsh Disestablishment, using the same nom de plume Anti-cant.' Consequently many of Howler's acquaintances conclude that he is also the author of the letters concerning mixed bathing, to the moral and material damage of the reverend gentleman. Buckskin protests that until Mr. Howler complained he had no knowledge of the latter's previous use of the nom de plume. Has Howler any right of action (1) against Buckskin, (2) the editor, who has a permanent notice at the head of the correspondence column disclaiming all liability for correspondent's views?" Mr. G. A. Baker (hon. member) opened in the affirmative, and was supported by Messrs. T. G. Mander, M. H.

Bailey, G. B. Morgan, H. Cooke, and Colin Coley, B.A., LL.B. Mr. M. I. Clutterbuck (hon. member) opened in the negative, and was supported by Messrs. A. Wilson, R. A. Gardner, S. H. Robinson, B. S. Atkinson, T. H. Ekins, B. G. Talbot, and E. C. G. Clarke. After the openers had replied, the chairman summed up, and, on the motion being put to the meeting, the voting resulted: For the affirmative, five; for the negative, twelve. The meeting concluded with a hearty vote of thanks to the chairman for presiding.

CARDIFF.-Meetings were held on the 30th ult. and the 15th inst. The 30th ult. was the occasion of the first annual general meeting of the society. The chair was taken by Mr. I. T. Lawrence. The committee's report was received, showing the record of a very active session. The balance-sheet showed a credit balance of some £15, which was carried forward to meet expenses of the present session. It was resolved that all the barristers and solicitors who at present occupy honorary positions in the society be asked to retain them, Mr. W. L. Yorath being substituted for Mr. J. L. Wheatley on the list of vice-presidents. Mr. Montague A. White was re-elected hon. treasurer, and Messrs. J. Owen Davis and P. C. Wells were elected joint hon. secretaries. The committee, besides the three last-mentioned ex-officio members, now includes Messrs. Hooper. Lawrence, Macintosh, and Tudor. On the 15th inst. the subject for discussion was Law Notes Moot No 1. The chair was taken by Mr. A. C. Hooper, solicitor, and sixteen ordinary members were present. The affirmative was taken by Mr. J. Owen Davis, and the negative by Mr. C. E. Sankey. A most interesting debate followed, in which all the members present took part. After the chairman had summed up, the question was put to the meeting, being decided in the negative by twelve votes to three, one member remaining neutral.


Mr. HUGH MURRAY STURGES, K.C., has been appointed Recorder of Windsor. Mr. Sturges was called by Lincoln's-inn in 1889, and took silk this year.

Mr. WILLIAM HENRY OSWALD STEWART JOBSON, of 3, Gray's-inn square, has been appointed a Master in the Chancery Division in the place of Mr. Lionel Clarke, retired. Mr. Jobson was admitted in 1886.

Dr. HENRY OWEN, D.C.L. Oxon. (of the firm of Jenkinson. Owen, and Co., Frederick's-place, Old Jewry, solicitors), has been appointed Deputy-Chairman of the Pembrokeshire Quarter Sessions.


24. PRIVATE COMPANY-CEASING TO CARRY ON BUSINESSNECESSITY FOR WINDING-UP.-A private company was formed this year with a fully subscribed capital of £100 and two shareholders, one of whom was permanent managing director and secretary. The company traded unsuccessfully. It disposed of its business for sufficient to pay its creditors, and now has no creditors and no assets. No statutory report has been filed. The managing director has resigned, and he and the other shareholder decline to do anything further. Is there any necessity to wind-up the company, and will the late managing director and secretary incur any penalty if he does nothing further? What will be the result of not doing anything? INQUIRER.

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26. STAMP DUTY ON TRANSFERS OF MORTGAGE.-Is a transter of a mortgage debt of £100 properly stamped with a stamp of 6d., the transfer being made on the appointment of new trustees and the trust not being disclosed, but a recital being inserted in the deed to the effect that the transferees have become entitled in equity to the mortgage debt? The editors of the Encyclopada of Forms and Precedents (vol. 8, p. 836, note n) seem to take a different view from that of the editors of Key and Elphinstone's Precedents (9th edit., vol. 2, p. 245, note) in the case of the delt being over £2000. But what is the practice of the Inland Revenue authorities when the amount is under £1900? Ard can such a transfer as that above mentioned be challenged under sect. 74 (5) of the Finance (1909-10) Act 1910, as being a voluntary disposition inter vivos, unless extrinsic evidence 3 given to show that the transaction falls within the exempti mentioned in sub-sect. 6 of the same section?


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