« EelmineJätka »
WATKINS, HENRY, and WATKINS, WILLIAM (trading as Watkins and Nephew),
Cardili, glass dealers. Ct. Cardiff. Meeting, Nov. 12, at 11, at office of Ofi. Rec.
Cardify. Exam. Nov. 13, at 10, at Townhall, Cardiff. WITHERS, ALFRFD STANLEY, Liverpool, gentleman. Ct. Liverpool. Meeting, Nov. 11,
at noon, at office of Off. Rec. Liverpool. Exam. Nov. 12, at 11, at Court-house,
Liverpool WILLER, RICHARD, North Walsham, cattle dealer. Ct. Norwich, Meeting, Nov. 14,
at 12.30, at office of Off. Rec. Norwich. Exam. Nov. 18, at 11, at Shirehall,
Norwich. WILLIAMS, WILLIAM, Talsarnau, clerk. ('t. Portmadoc and Blaneau Festiniog.
Meeting, Nov. 10, at 12.30, at Police-court, Portmadoc. Exam. Nov. 10, at 12.45, at Police-court, Portmadoc.
SOUTHGATE, TUFXELL BECKET, late Artillery-mansions, Victoria-st, Westminster, Ct.
High Court. Order, Oct. 30. SCHREINER, Orro (trading as Otto Schreiner and Co.), Liverpool, general merchant.
Ct. Liverpool. Order, Oct. 30. THUBRON, DAVID, late Middlesbrough, engineer. Ct. Scarborough. Order, Oct. 30. TOWERS, ALFRED, Lansdowne-rd, Clapham, clerk in the civil service. Ct. High
Court. Order, Oct. 30. WENDT, AUGUSTUS, late Theobalds-rd, corset maker. Ct. High Court. Order,
Oct. 30. WILLIAMS, DAVID, Blaengarw, haulier. Ct. Cardiff. Order, Oct. 29. WINDSOR, WILLIAM Gibson, Mitcham, builder. Ct. Croydon. Order, Oct. 26. WILLMOTT, GEORGE, jun., Rushden, butrher. Ct. Northampton. Order, Oct, 28. Wood, JAMES HENRY, and COMPTON, WILLIAM, Rushden, shoe manufacturers.
Ct. Northampton. Order, Oct. 29.
GAZETTE, Oct. 30. HART, CHARLES HENRY, Bradford-on-Avon, watchmaker. Ct. Bath. Adjudication, March 12. Annulment, Oct. 13.
GAZETTE, Nov. 2. TOMKINS, ALFRED CHARLES, King Edward-st, Islington, gentleman. Ct. High Court.
Adjudication, July 13. Annulment, Oct. 29. BOSTOCK, WILLIAM, Wilderspool, builder. Ct. Warrington. Adjudication, July 10.
Annulment, Oct. 30.
TUinding up of Companies.
GAZETTE, OCT, 30.
Clerkenwell County Court. Amount per share, subscriptions in excess of £3 3s. 9d. First and final. Payable, any day (except Saturday) between 11 and 2, at 33,
Carey-st. ROYAL TRESTS, ASSETS, AND SECURITIES INSURANCE CORPORATION LIMITED,
Douglas. Ct. High Court. Amount per share, ls. 2 d. First and final.
Payable, any day (except Saturday) between 1! and 2, at 33, Carey-st. STAMP DISTRIBUTION (PARENT) COMPANY LIMITED, Holborn. Ot. High Court.
Amount per share, 4d. First. Payable, any day (except Saturday) between 11 and 2, at 33, Carey-st. NOTICE OF APPOINTMENT OF LIQUIDATOR.
GAZETTE, Nov. 3. ACHE CYCLE SADDLERY COMPANY LIMITED, Birmingham, Ct. Birmingham. Liqui
dator, Joseph William Blackham, 180, Corporation-st, Biriningham. Appointment, Oct. 19. NOTICES OF RELEASE OF LIQUIDATORS.
GAZETTE, OCT. 30. H. S. CROPPER AND CO. LIMITED, Nottingham. Ct. Nottingham. Liquidator,
George Stapylton Barnes, at :3, Carey-st. Release, Oct. 26. NEWS AND BOOK CO-OPERATIVE SOCIETY LIMITED, Temple-chmbrs, Temple-ar.
Ct. High Court. Liquidator, George Stapylton Barnes, at 33, Carey-st. Release,
Oct. 26. St. John's East DULWICH MUTUAL BUILDING SOCIETY, Lordship-la, East Dulwich.
County Court at Lambeth, Liquidator, George Stapylton Barnes, at 33, Carey-st.
Release, Oct. 26. VARIETIES LIMITED, Size-la, Queen Victoria-st. Ct High Court. Liquidator, George Stapylton Barnes, at 33, Carey-st. Release, Oct. 26.
GAZETTE, Nov. 3. MACDONALD, SONS, AND CO. LIMITED, Finsbury-sq. Ct. High Court. Liquidator,
George Stapylton Barnes, 33, Carey-st. Release, Oct. 30. ANGLO-DUTCH TRADING COMPANY LIMITED, Kingston-upon-Hull. Ct. Kingston
upon-Hull. Liquidator, Thomas Ford, 20, Park-row, Leeds.
NOTICES OF DAYS APPOINTED FOR PROCEEDING WITH PUBLIC
EXAMINATIONS ADJOURNED SINE DIE,
GAZETTE, Oct. 30. BROBSON, EDWARD, late Nottingham, upholsterer. ('t. Nottingham. Exam. Nov 18, at 11.30, at County Court-house, Nottingham.
GAZETTE, Nov. 3. WARD, JOHN SANDILANDS, Charing Cross. Ct. High Court. Exam, Nov. 17, at noon, at Bankruptcy-bldgs.
GAZETTE, OCT. 30. BERNERD, MONTAGCE, Birmingham, tobacconist. Ct. Birmingham. Order, Oct. 27. COHEN, Moses, late Maesteg, furniture dealer. Ct. Cardiff. Order, Oct. 26. CHARD, JAMES RICHARD, Stoke Newington, florist. Ct. Edmonton. Order, Oct. 24. CHAMBERLAIN, CHARLES, West Bromwich, baker. Ct. West Bromwich. Order,
Oct. 27. CHATTERLEY, JOHN (trading as Chatterley and Co.), Smethwick, grocer. Ct. West
Bromwich. Order, Oct. 27. DIXON, THOMAS OLIVER, and Dixon, WALTER, Joun, Martinhoe, contractors.
Ct. Barnstable. Order, Oct. 21. DAVIES, THOMAS (trading as T. and W. Daries), Carmarthen, provision merchant.
Ct. Carmarthen Order, Oct. 28. DOBBS, FREDERICK, Mattishall, wheelwright. Ct. Norwich, Order, Oct. 28. FRAMPTON, ROBERT, Newport, poulterer. Ct. Yewport and Ryde. Order, Oct. 24. FIRKINS, WALTER WILLIAM, Bishop's Froome, late grocer. Ct. Worcester. Order,
Oct. 27. HODGSON, JANE, late Bradford, Yorks, lodging-house keeper. Ct. Bradford. Order,
Oct. 26. HAYCOCKS, JAMES, late Johnstown, licensed victualler. Ct. Wrexham. Order,
Oct. 28. JONES, REES, Dukestown, stocking dealer. Ct. Tredegar. Order, Oct. 28. JONES, HUGH, Rhoscolyn, farmer. Ct. Bangor. Order, Oct 27. KENT, EDWIN, Great Yarmouth, fish hawker. Ct. Great Yarmouth. Order, Oct. 26. LEWIS, JAMES, late Denton, furniture dealer. Ct. Ashton-under-Lyne and Stalybridge.
Order, Oct. 28. MCCRAITH, FRANCIS ALBERT, late Ynysybwl, no occupation. Ct. Pontypridd. Order,
Oct. 26. Nicolson, JONATHAN, Birmingham, wine merchant. Ct. Birmingham. Order,
Oct. 26. OSBORNE, JAMES, Kidderminster, upholsterer. Ct. Kidderminster. Order, Oct. 26. PARKES, JOAN BRAZIER, Birmingham, cycle dealer. Ot. Birmingham. Order,
Oct. 27. POWERS, JAMES, Birmingham, late grocer. Ct. Birmingham. Order, Oct. 28. ROSSER, DAVID, jun . Tonna, school-attendance officer. Ct Neath. Order, Oct. 27, REA, JAMES, Newcastle-on-Tyne, confectioner. Ct. Newcastle-on-Tyne. Order,
Oct. 26. RHODES, SAMUEL THOMAS, Derby, goods guard. Ct. Derby. Order, Oct. 26. ROBINSON, WILLIAM, Leeds, painter. Ct. Leeds. Order, Oct. 26. STAMMERS, JOSEPH, Leeds, boot manufacturer. Ct. Leeds. Order, Oct. 27. STONE, HARRY, and MARTIN WALTER GEORGE, Snodland, cycle manufacturers. Ct.
Maidstone. Order, Oct. 28. SILVERMAN, MORRIS PHILIP, Union-st, Commercial-rd, wholesale provision dealer.
Ct. High Court. Order, Oct. 27. STEPHENSON, JAMES, Burnley, grocer. Ct. Burnley. Order, Oct. 26. SMITH, CHARLES THOMAS, Whitby, tobacconist. Ct. Stockton-on-Tees and Middles
brough. Order, Oct. 27. TAYLOR, WILLIAM EDWARD; GLEDHILL. DAVID JAMES; and GLEDHILL, LEWIS
(trading as Peel Brothers and Pym), Meltham, theatre proprietors. Ct. Hudders
field. Order, Oct. 26. WILLER, RICHARD, North Walsham, cattle dealer. Ct. Norwich. Order, Oct. 26. WATKINS, HENRY, and WATKINS, WILLIAM, Cardiff, glass dealers. Ct. Cardiff. Order, Oct. 23.
GAZETTE, Nov. 3. ALDRIDGE, HENRY GEORGE (trading as Henry Aldridge and Son), High-st, Maryle
bone, china merchant. Ct. High Court. Order, Oct. 30. LOUST, PIERRE JOSEPH EMILE, Albemarle-st, Piccadilly, club proprietor. Ct. High
Court. Order, Oct. 30. ANDREWS, WILLIAM, Carmarthen, licensed victualler, Ct. Carmarthen. Order,
Oct. 80. ARMSTRONG, JOHN, Kirkby Stephen, dog breaker. Ct. Kendal. Order, Oct. 29. BIRDIE, RONALD HOPE, St. Bene't-pl, Gracechurch-st, consulting engineer. Ct. High
Court Order, Oct. 50. BOWEN, EBENEZER, Pontardulais, chemist. Ct. Carmarthen. Order, Oct. 30. BANFIELD, EBENEZER, Seaford, ironmonger. Ct. Lewes and Eastbourne. Order,
Oct. 29. BOYD, PETER SMITH, South Shields, baker. Ct. Newcastle-on-Tyne. Order, Oct. 31. COLE, JOHN (described in the receiving order as J. Cole and Co.), Broad Arrow-ot,
Milton-st, wholesale gold mounter. Ot. High Court. Order, Oct. 31. COOK, GEORGE, Great Missenden, buider. Ct. Aylesbury. Order, Oct. 29. CLAYTON, GEORGE, Skegby, shoemaker. Ct. Nottingham. Order, Oct. 31. COPESTAKE, CAARLES FREDERICK, Sheffield, greengrocer. Ct. Sheffield. Order,
Oct. 31. DEWAR, HARRY GEORGE, late Trowbridge, china merchant. Ct. High Court. Order,
Oct. 30. DUERDEN, JOHN, Burnley, late greengrocer. Ct. Burnley. Order, Oct. 30. Dowson, John HENRY, Wolsingham, cattle dealer. Ct. Durham. Order, Oct. 31. DAVIES, JOHN HENRY. Ynysbir, grocer. Ct. Pontypridd. Order, Oct. 28. EVANS, WILLIAM, Gloucester-mews West, cabowner. Ct. High Court. Order,
Oct. 30. FIRMAN, JOSEPH SPENCER, Rattlesden, farmer. Ct. Bury St. Edmunds. Order,
Oct. 28. HOLDEN, EDWARD GEORGE, Maidstone, commercial traveller. Ct. Maidstone. Order,
Oct. 80. HARRISON, SARAH BUCHANAN, Fallowfield, lodging-house keeper. Ct. Manchester.
Order, Oct. 30. HUMPHRY, ALBERT ALFRED, Chichester, saddler. Ct. Brighton. Order, Oct. 29. JOHNSON, SIDNEY EDDELS (trading as Miller and Johnson), Mark-la, chemical
manure manufacturer. Ct. High Court. Order, Oct. 31. NAIFF, JAMES FRANCIS, late Blaina, baker. Ct. Tredegar. Order, Oct. 30. OSBORNE, SYDNEY SEPTIMUS, late Walham Green, watchmaker. Ct. Chelmsford.
Order, Oct 29. OXENDEN, Sir PERCY DIXWELL NOWELL DIXWELL, late Folkestone, baronet. Ct.
Canterbury. Order, Oct. 28. RICCI, LUIGI, Fleet-st, journalist. Ct. High Court. Order, Oct. 31. RATCLIFFE, RICHARD (trading as Rateliffe and Co.), Leicester, fruit merchant. Ct.
Leicester. Order, Oct. 28. RAMSBOTTOM, JOHN, Prestwich, commercial traveller. Ct. Salford. Order, Oct. 29. ROTTER, DAVID, Swansea, hawker. Ct. Swansea. Order, Oct. 30.
BIRTHS, MARRIAGES, AND DEATHS.
BIRTES. HILL.--On the 29th ult., at 49, Palace-ct, W., the wife of J. R. Dunlop Hill, Barrister
at-law, of a daughter. JONES.-On the 30th ult., at Greenhill, Holywell, the wife of Mr. F. Llewellyn-Jones,
B.A., LL.B., Solicitor, Deputy Coroner for Flintshire, of a son. Paddison.-On the 26th ult.: at Woodcote House, Windlesham, Surrey, the wife of
Richard Paddison, M.A., Barrister-at-law, of a son. TOMPKINS.-On the 30th ult., at 15, East-st, Chichester, the wife of FB. Tompkins, Solicitor, of a son.
MARRIAGES. BANNERMAN-DENNETT.-- On the Slst ult, at Holy Trinity Church, Stroud Green,
D'Arcy Bannerman, second son of Edward Mordant Bannerman, of Bodmin, Cornwall, to Mary, youngest daughter of the Rev. Dr. Dennett, D.O.L., of Ashton
Rectory, Chudleigh, Devon. ELRINGTON BISSET-TOTTENHAM.--On the 27th ult., at St. Michael's, Chester-sq, the
Rev. Mordaunt Elrington Bisset, Rector of Bangor-on-Dee, youngest son of Mrs. Elrington Bisset. of Lessendrum, Huntly, N.B., and the late J. Favière Elrington, Q.C., Recorder of Londonderry, to Florence Isabella Maud, daughter of the late Col. and the Hon. Mrs. Tottenham, of Woodstock, co. Wicklow, and Plas Berwyn,
Llangollen. SUTTON-WEBB.-On the 28th ult., at St. Mary Abbott's, Kensington, Claude Hope
Sutton, M.A., Vicar of South well, Suffolk, to Ethel Kathleen Webb, second daughter of Col. Webb, D.L., J.P., and the Hon. Mrs. Webb, of Donnington Hall,
Herefordshire. WALTON-STALLARD.-On the 29th ult., at the Church of the Ascension, Blackheath,
Frank Walton, youngest son of the late Frederick Walton, formerly of St. Cuthbert's, Albrighton, to Ethel Ann, eldest daughter of Frederick Stallard, Esq., of Hope Woolith, Lewisham-hill, and of the Middle Temple, Barrister-at-law.
DEATHS. BULLAR.-On the 28th ult., at 20, Carlton-cres, Southampton, Rosa Bullar, aged 79.
wife of the late John Bular, Barrister-at-law, of 11, King's Bench-walk, and
Basset Wood, Southampton. GILKES.--On the 14th ult., Emma, widow of Edwin Gilkes, Esq., and daughter of the
late Jacob Jones, Barrister-at-law, Inner Temple. HENRY.-On the 30th ult., at his residence, East Dene, Bonchurch, I.W., John Snow
don Henry, J.P., D.L., in bis 73rd year. INNES.-On the 28th ult., at Atherstone-ter, Gloucester-rd, S.W., Sir Joseph George
Long Innes, Judge of the Supreme Court of New South Wales, aged 62. MACLEAN. --On the 25th ult., at Layer Marney Towers, Essex, Charles Maclean, J.P.,
D.L., for Perthshire, youngest son of the late William Maclean, of Plantation,
Lanark, aged 73. PIGOT.--On the 30th ult., at Ollerton, Bolton, Mary Taylor Pigot, widow of the late
Charles Pigot, Solicitor, Wigan, aged 63 years. PRICE.-On the 28th ult., after a very short illness, James Price, of Haverfordwest,
Solicitor and H.M. Coroner for Pembrokeshire. Robson.--On the 29th ult., at 56, Upper Grosvenor-rd, Tunbridge Wells, Anne, widow
of G. Young Robson, Barrister-at-law, and daughter of J. J. Tufnell, Esq., of Langleys, Essex,
To Readers and Correspondents.
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NOW READY. PATERSON'S PRACTICAL STATUTES of the SESSION
1896 (59 & 60 Vict.), with Introductions, Notes, Tables of Statutes repealed and Subjects altered, Lists of Local and Personal and Private Acts, and a Copious Index. By J. S. COTTON, Barrister-at-Law. Forty eighth issue of the Séries. Cloth, 108.; half-calf, 128. ; calf, 138.
1896. N.B.--The Vols. from 1858 to 1895 may also be had, Price 5s, & volume if complete set is taken
HORACE Cox, “ Law Times" Office, Windsor House, Bream's-buildings, E.C.
The Law and the Lawyers.
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THE MASTER OF THE ROLLS stated, in his speech at the Guildhall banquet, that he had attended on twenty-four similar occasions, and that the present would be his last.
A quarter of a century of
century of Lord Mayors' dinners is a tremendous record.
THE LORD CHANCELLOR, in his speech, was pithy as usual, Everything--the question of the House of Lords and its judicial work-is "flat.” The Profession will agree with him.
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The General Council of the Bar met on the 27th Oct. and on the 10th Nov. It will meet again on the 23rd.
In consequence of the action of the Council, in no less than four Bills last session a clause providing against the employment of counsel in local and other inquiries was struck out.
Now ready, Vol. XVII., Part 6, price 58. 6d. COX'S REPORTS of all CASES decided by all the Superior
Courts relating to MAGISTRATES, MUNICIPAL, and PAROCHIAL LAW, Vols. I. to XVI from 1860 to 1894, can now be had.
HORACE Cox, "Law Times" Office, Windsor House, Bream's-buildings, E.O.
The resignation of Lord ESHER will be the beginning of the retirement of the Superannuated Ten. The first result must be the promotion of Sir RICHARD WEBSTER, who ought to be succeeded as Attorney-General by Sir EDWARD CLARKE.
WHAT critics of judicial waste do not seem to see is, that the High Court judges are doing, to a large extent, County Court work. The jurisdiction of County Courts, on the other hand, is being every day extended by consent; and whilst libels and slanders fill the general Queen's Bench lists, County Court judges, official referees, and arbitrators are deciding disputes involving hundreds and thousands of pounds. If things go on as they are going, a reform will be silently worked which will astonish the Bench and the Profession.
OLDROYD 1. OLDROYD.--Restitution
of conjugal rights-Bona fides and HOUSE OF LORDS.
conduct of petitioner-Matrimonial SCHOLFIELD V. LORD LONDESBOROUGH.
Causes Act 1884 (47 & 48 Vict. c 68), Bill of exchange--Alteration-Duty
281 of Acceptor-Negligence-Estoppel -Bills of Exchange Act (1882 (45 & 46 Vict. c. 61), s. 64, sub-sect. 1 254
LEADING ARTICLES, &C. SUPREME COURT OF JUDICATURE. COURT OF APPEAL.
TO READERS AND CORRESPONDENTS.. 25 POTTLE D. SHARPE.-Master and ser- LEADING ARTICLES.-Topics of the
Fant-Dismissal of servant- Public Week-Lord Mayor's Day-Kleptoelementary school established under
mania-Poisoning by Medical Pretrust deed
scription-Underwriting Contracts, 1.-Uivil Judicial Statistics, 1894 ...
23 HIGH COURT OF JUSTICE CHANCERY DIVISION.
COMMENTS ON CASES ANDREWS t. GAS METER COMPANY OCCASIONAL NOTES...
84 LIMITED.--Company-Memorandum NOTES OF RECENT DECISIONS NOT of association Articles of associa
YET REPORTED tion-Alteration of articles-Invalid OUR LITERARY COLUMN. - An Irish issue of preference shares.......... 267
Judicial Humorist--Stories from FILBY . HOUNSELL.-Vendor and
the Law Reports
38 purchaser - Agreement-Memoran
39 dum--Name of vendor--Principal end agent-Statute of Frauds
COUNTY COURTS. — Sittings of the (29 Car. 2, c. 3), s. 4.......
40 Re NEW TRANSVAAL COMPANY.
PROCEEDINGS AFFECTING THE PROCompany--Winding-up-Construc
41 tion of articles Surplus assets 272 GENERAL INTELLIGENCE. Temple QUEEN'S BENCH DIVISION.
Church-Heirs-at-Law and Next of THOMAS T, JENNINGS AND OTHERS 274
Kin-Appointments under the Joint
Stock Winding-up Acts-Creditors QUEEN'S BENCH DIVISION IN under Estates in Chancery--CrediBANKRUPICY. tors under 22 & 23 Vict. c. 35
LAW SOCIETIES. - United Law Society ment of receiver-Equitable execu
- Solicitors' Benevolent Association tion-Judicature Act 1873 (36 & 37
-Union Society of London ............ Vict. c. 66), 8. 25, sub-sect. 8 277 PROMOTIONS AND APPOINTMENTS 43 R: YOUNG; Ex parte JONES
NOTES AND QUERIES 0. BEKRY.-Bankruptcy-Partner
CORRESPONDENCE............ ship-Partnership Act 1890 (53 & 54 Vict. c. 39), 88. 2, 3-Agreement for
LAW STUDENTS' JOURNAL--Bar Expartnership-Loan
a nination Results- The November
Final-Council of Legal Education : PROBATE, DIVORCE, AND ADMIR- Hilary Pass Examination, 1897; ALTY DIVISION.
Hilary Honour Examination, 1897PROBATE BUSINESS.
Students' Societies In the Goods of NORTHING SNOWDEX LEGAL OBITUARY.-Sir Joseph George (deceased).-Will and codicils -
1 Long Innes---Mr. Thomas William Codicils written by inadvertence
Gray...... upon a former and revoked will
THE COURTS AND COURT PAPERS.--Motion-Mistake rectified
Judicial Committee of the Privy DIVORCE BI SINESS,
Council: List of Business, Nov. and
Dec. 189€ --Circuits of the Judges, CRAIG D. CRAIG AND HAMP.-Divorce
Autumn Assizes, 1896--Rota of practice Sequestrators -- Matri
Registrars monial Causes Act 1837 (20 & 21 Vict.
48 c. 85), 8. 52-Property in hands of trustees, not parties
296 BigT35. MARRIAGES, AND DEATHS... Vol. CII.-No. 2798.
The Bar Council cannot control the action of County Court judges. If barristers appointed to the County Court Bench choose to disregard and ignore the opinion of a representative body of the profession to which they still nominally belong, they are free to do it. When the late Mr. MONTAGUE BERE, being a Recorder on the Western Circuit, was appointed a County Court judge, Lord COLERIDGE intimated to him that he must resign his Recordership, and he did so. The Western Circuit expects his Honour Judge BOMPAS to do likewise.
THE General Council of the Bar has put an end to a species of legal journalism which was considered obnoxious to the strict etiquette of the Bar. A very ably conducted periodical devoted to a special branch of law for a long period without objection bore upon its face the names of its editors who authenticated answers to questions published in its columns. The ohjections to this are obvious: the Law
TIMES has steadily discouraged efforts to make its columns little doubt that the figure of the two knights on the the medium for obtaining counsel's opinion at the cost of a one horse had been a badge of the New Temple during subscription. We are glad to say that, owing to the action the 120 years in which it was occupied by the Knights of the Council and the loyalty to its decrees of the editors Templars. If this were so, it would probably, on the constireferred to, the practice of legal journalism is now uniform. tution of the second society within the walls, have been
retained as a badge by the Inner Temple, which comprised The Federation of Belgian avocats has projected an Inter
the old Hall and other ancient buildings of the order. That national Congress of Advocates to be held in Brussels next
there was formerly some such carving or fresco in or about year. The objects declared are: (1) By a comparative study
the Inn is most probable, and I find no unreasonableness in of legislations on the Legal Profession to promote reforms.
the tradition which credits the ingenuity or the ignorance of (2) To bring the Bars of different countries into more direct the local workmen at some period between the fourteenth and and frequent communication with each other by means of
sixteenth centuries with the alteration of the Templars the exchange of views on legal questions and mutual
emblem from a horse with two knights to a horse with two hospitality.
wings.” The ultimate fate of the Council of Legal Education is now
MR. INDERWICK calls these Temple Records“ monotonous.” beyond doubt. The members dined quâ Council with the
The business which occupied the Benchers was always about Benchers of Gray's-inn on Thursday. Once an educational
as trivial as that which occupies them now. Here are two body submits to gastronomic blandishments of this kind, interesting extracts : “Order that an allowance of money they are doomed. We know nothing heavier than a com
shall be made to two beadles to receive such rogues as shall plimentary Benchers' dinner. A School of Law is now
be found within the precincts of the Temple from time to imperatively necessary. The next guests, we suppose, will
time between this and the next term. And twice at least, or be the Council of Law Reporting, in celebration of the
three times if need be, the gardener's men and the underwonderful reproduction of old Scotch revenue
cook during the time of these Christmas holidays shall make the Weekly Notes during the Long Vacation. Then the
privy searches within the precincts of this House for rogues staff of the Law Reports, with disastrous consequences to
and help to carry them to Bridewell or to some other place head-notes. And finally, the General Council of the Bar.
of punishment.” “The gardener's man to be allowed 2s. 4d. It is hard to conceive the combined effect of indigestion
for links [did they golf in those days?]. Allowance of and patronage upon the independence of that body.
3s. 4d. a week each granted to the three butlers, the steward,
the panierman, and the turnspit, which were not allowed by The amenities of lawyers contrast most favourably with
the company last Christmas."
Are there to be many the amenities of political life.
volumes of this antiquarian rubbish ? On his return from America, filled no doubt with feelings of patriotism, Sir FRANK LOCKWOOD encountered Sir EDWARD CLARKE's York speech
The Railway and Canal Commission is perhaps the most on Venezuela. A solemn and paternal rebuke was promptly expensive tribunal that ever existed.
It has two paid lay applied. Weeks pass, and in York itself, Sir Frank revives commissioners, who have no other judicial work, assisted by the incident, and repeats his reproof with even added a High Court judge when required. In 1894 the court sat solemnity. The frank persistence of one ex-law officer, and for twenty-three days. In 1893 it sat only nine! The the passive submission of the other, offer a lesson not to be costs “ brought in ” in 1894 were £3865, taxed at £1803. overlooked.
In 1893 those brought in were £2649, and taxed at £766.
What a farce to keep alive such a court as this ! In these modern days of callous indifference to week-day religious ordinances in connection with the Inns of Court
Contrast this with the proceedings before the Official - although clergy are kept as a permanent staff — it is
Referees, who receive only one-half the salaries of the Railcurious to look back to the records of a Parliament held in
way Commissioners. In 1894 the three sat altogether 473 the Inner Temple when “Mr. Huddleston” was treasurer (25 Eliz. A.D. 1582-3): “For that it is thought a convenient
days, and they disposed of 306 causes and matters referred.
to them. thing to have overseers in the church for church causes, whose office it shall be to note the absence of all such as The indictment preferred against the Welsh Land Comshall not usually come and resort to the church and receive mission is the most serious which any similar body has the Communion. That out of the term time the
encountered for a very long time. No sooner did its report ordinary service in the church shall not begin in the morning
appear than it was condemned wholesale by the Times, before seven of the clock, and in the term time not until half whilst members of the Commission are impeached in a work an hour after six."
by Mr. J. E. VINCENT, a barrister who attended informally
on behalf of the landlords throughout the protracted sittings The Four Inns of Court have accepted the resolution of the
of the Commission. He alleges prejudice and prejudgment, Bar Council against calling to the Bar clerks to guardians and persons holding similar appointments; but one of the
the encouragement of certain classes of evidence and Inns is considering whether the category of unfit persons
discouragement of others, the acceptance of hearsay, refusal
to hear counsel, and violent and vulgar cross-examination by formulated by the Council should not be extended.
at least one member of the Commission. He gives chapter
and verse for his assertions, but confesses that he writes with How did the Temples come by their badges ? This is
temper aroused by the unusual nature of the proceedings of answered by Mr. INDERWICK in his introduction to the Inner the Commission. Temple Records : “A probable suggestion naturally arises from the history of the badges of the Knights Templars. The inconvenience of the form in which probates of wills are Their original banner was a parti-coloured flag of black and usually engrossed has often been the subject of complaint by white, and their seal, representing the early traditions of the those who have been called upon to handle such documents, order, was the figure of a horse carrying two knights, typical and was animadverted upon by Mr. Justice KEKEWICH in of the charity and humility of the poor brothers of Christ. court last week. The learned judge said that he never could At a later date the knights adopted as a second seal the understand why solicitors did not cause probates to be Agnus Dei, with the flag and the red cross. I entertain engrossed book-wise, so that they might be easily perused by
the judge and by all concerned. He understood that the Bill, and the Parliamentary Costs Bill. The Post Office Bill, matter rested entirely with solicitors, and he made this although it had passed through the ordeal of a joint statement on no less an authority than that of the President Committee of both Houses of Parliament, fell before the of the Probate Division, who had assured him that there was attacks of Mr. GIBSON BOWLES; the House Tax Bill had no reason whatever why probates should not be engrossed to be withdrawn from the consideration of the House of book-wise, the President being not only willing but desirous, Lords, in which it was first introduced, because it dealt that that course should be pursued. It is to be hoped that with taxation, and all Taxation Bills must, by constitutional this intimation coming from so high an authority will induce practice, be introduced in the first instance in the House solicitors to adopt, and the officials at the Probate Office not of Commons; and neither the Administration of Estates to obstruct, so desirable an improvement on the existing Bill nor the Parliamentary Costs Bill appears to have been practice.
seriously pressed on. All these four Bills will probably be
introduced next session, but we cannot say that it will very What is "elementary education" within the meaning of the
much matter to the Legal Profession whether they are passed Elementary Education Acts ? The term "elementary
or not. The Acts which require consolidation more than school” is defined by sect. 3 of the Act of 1870 as meaning
any others are the Death Duties Acts and the Licensing “a school at which elementary education is the principal part
Acts. Of these perhaps the Licensing Acts will never be of the education there given, and not including any school at
consolidated, because the Parliamentary contests between the which the ordinary payments in respect of the instruction
teetotallers and the liquor interest would always be too from each scholar exceed ninepence a week”; but the Act con
prolonged. Bnt now that the main objections to the Finance tains no definition of elementary education. The 97th section,
Act 1894 have been removed by the Finance Act 1896, we however, prescribes that the conditions to be fulfilled by an
may perhaps venture to hope that all the enactments relating elementary school in order to obtain an annual Parliamentary
to death duties, the earliest of which, the Legacy Duty Act grant shall be those contained in the minutes of the Educa
1796, is just 100 years old, may be reduced into one Act tion Department for the time being, and these minutes, by
in the forthcoming session, and separated for ever from the what is termed the “ Day School Code,” contain a list of confused mass of general revenue legislation in which they subjects which appear to be considered as forming part of an
are frequently embodied. elementary education. The subjects are divided into two branches, the compulsory branch and the optional branch. The compulsory branch contains the subjects of reading, The Locomotives on Highways Act will have come into force writing, and arithmetic for both sexes, besides needlework before these lines meet the eye, and motor cars would have for girls, and drawing " for boys in schools for older scholars." been allowed to career along the streets and roads at a speed The optional subjects comprise, as subjects to be taken by up to fourteen miles an hour, if the Local Government classes throughout a school, singing, recitation, geography, Board had not made rules under the Act fixing a less rate drawing in infant schools, elementary science, and history, and of speed, the 4th section of the Act prescribing that “no comprise, as to subjects to be taken by individual children in light locomotive shall travel along a public highway at a upper classes, the following amongst other subjects :- greater speed than fourteen miles an hour, or any less speed Algebra, Euclid, mensuration, mechanics, Latin, French, that may be prescribed by regulations of the Local GovernGerman, and animal physiology. If these are properly and ment Board." The Board had sent draft rules under the legally included, we do not see wby Greek and Hebrew should Act to various county councils, but they were not bound to not be included also.
do so, nor to take into consideration the representations of
those or any other public bodies to the effect that a less THE “Conscience Clause" and the “Cowper-Temple" clause
speed than the statutory fourteen miles should be fixed by are both so frequently mentioned in the controversy con
the rules (which deal with speed in Article IV.), inasmuch cerning the forthcoming Education Bill of the Government,
as all rules of the Local Government Board are specially that it is highly desirable to know what they are, and what
exempted from the provisions in this behalf of the Rules provisions they contain. They are both to be found in the
Publication Act 1893 by sub-sect. 4 of the 1st section. In Elementary Education Act 1870, the Conscience Clause
addition to the restriction on speed, the rules may regulate being the popular title of sect. 7 of that Act, and the
the lamps of the cars and generally their use on highCowper-Temple Clause that of sub-sect. 2 of sect. 14. The
ways, and their construction and the conditions under 7th section is a very long one, providing (1) that it shall
which they may be used, and the Local Government not be required as a condition of any child being admitted
Board regulations make ample provisions on these matters. into a public elementary school that he shall attend or
The regulations contain five. “ articles,” the second and not attend any place of religious worship, or attend
the fourth being the most important. By rule 9 of the any religious instruction in the school or elsewhere, from
second article, the lamp required by sect. 2 of the Act must which he may have been withdrawn by his parent; (2) that
exhibit, during the period between one hour after sunset and all religious instruction is to be given either at the beginning
one hour before sunrise, a white light visible within a or end of a meeting of the school; and (3), that HER
reasonable distance in the direction towards which the MAJESTY's Inspectors are not to examine in any religious
locomotive is proceeding or intended to proceed, and a red light subjects. This clause applies to all elementary schools,
so visible in the reverse direction." The fourth and most whether school board or voluntary. The Cowper-Temple important article, which is to have effect for six months only, Clause, which applies to School Board schools only, provides provides that the person driving a light locomotive on a that“ no religious catechism or religious formulary which is
highway shall not drive it "at any speed greater than is distinctive of any particular denomination” shall be taught
reasonable and proper, having regard to the traffic on the in any School Board school. It will be observed that both
highway, or so as to endanger the life or limb of any person, or clauses are merely negative.
to be the common danger of passengers," and shall not, under
any circumstances, drive at a greater speed than twelve miles The Statute Book of 1896 is singularly deficient in consoli- an hour. Even this speed is to be reduced to eight miles if the dating Acts, the Friendly Societies Acts being the only set weight unladen is one ton and a half and does not exceed two of statutes which have been consolidated. No less than four tons, and to five miles if the weight exceeds two tons, consolidating Bills, however, have been unsuccessfully intro "provided," add the board, " that whatever be the weight of duced by the Government—the Post Office Acts Consolidation the light locomotive, if it is used on any highway to draw any Bill, the Administration of Estates Bill, the House Tax vehicle," the driver “shall not, under any circumstances,
drive it at a greater speed than six miles an hour.” The penalty for breach of any of the regulations is, by sect. 7 of the Act, not more than ten pounds on conviction by justices and without appeal, except on some point of law to the High Court, that the decision of justices as to what is reasonable speed will be final. The regulations must, by sect. 3, sub-sect. 1, of the Rules Publication Act, be printed and sold by the Queen's Printer, but neither that Act nor the Locomotives on Highways Act contains any provisions for their publication by general notice in the Gazette or otherwise.
LORD MAYOR'S DAY. Said Hawkins, J. to Phillips (Faudel), Shall I explain how courts can dawdle, Or will you say where things commercial Have gone since days of Butt and Herschell ? Or shall I dwell on things on circuitWhen business comes, why judges burke it, Leaving in town great suits in slander, And quietly through the land to wander ? No, Faudel, no. Snug still in ermine, I've other matters to determine. Let laws and learning, arts, and commerce be, And all Lord Mayors become K.C.M.G. Then give the County Courts all matters weighty, And let all High Court judges sit till eighty.
in order to become irresponsible, all that a man has to do is to foster his criminal impulses till they become overwhelming in their power, and then pose as a victim of moral insanity. On the other hand, it is equally clear that the judicial attitude of which Lord Bramwell was the latest and most distinguished exponent must inevitably lead to one or the other of two extremely undesirable results, viz., unjust convictions or unjust acquittals.
The only dignified course for our judges to adopt, in view of the frequency with which the phenomena of moral insanity are now presented to their notice, is to treat these phenomena as scientific propositions which must be proved, and weighed when proved, like all other alleged facts. There are cases in which an insane disturbance of the moral faculties may coexist with full responsibility to the law, just as there are cases in which a man who thinks his head is a teapot, or that his neck is made of brass, or that a farm which he is anxious to sell is impregnated with sulphur, may yet possess full civil capacity. But there are cases also in which a man's affections are so clearly and so radically disordered that to judge and punish him by the standards applicable to ordinary human beings would serve none of the purposes for which judgment and punishment form part of the criminal law. In these cases justice and policy alike demand that the principle of modified responsibility shall be applied. It is already in use in every well-conducted asylum in Europe. If a patient is obstreperous and has sufficient sense to know that he is so, you cut off his tobacco or prevent him from being a spectator of the weekly theatricals or
No asylum could be carried on for a month without the aid of such sanctions as these, and parity of reasoning requires that they should also be brought into operation, mutatis mutandis, in the wider asylum of the world. Public opinion, of which juries are almost infallible representatives, will tolerate neither the wholesale condemnation nor the wholesale exculpation of the morally insane, and in this instance public opinion is in the strictest accord with scientific conclusions.
KLEPTOMANIA. The modified sentence of three months' imprisonment, without hard labour, which the Chairman of the Clerkenwell Sessions imposed on Mrs. Castle last week for the theft of certain goods from West End furriers--promptly and properly followed on Tuesday by the lady's release from Wormwood Scrubbs under the order of the Home Office-offers a striking illustration of the change which has come over the spirit in which English criminal law in regard to the responsibility of the insane is now administered. There is no doubt that, in the strictly technical sense of the term, Mrs. Castle" knew the nature and quality" of what she was doing. She knew, that is to say, that she was taking away property which did not belong to her; and, in view of the fact that she carefully abstained from abstracting any furs when she was watched, it was open to the prosecution to contend that she was aware of the moral, or perhaps one should say immoral, character of the offence which she was committing. A quarter of a century ago she would unquestionably have been not only convicted, but punished according to the standard by which the responsibility of sane persons is determined. It needs no great effort of historical imagination to picture the course which her trial would have pursued in the days when Lord Bramwell was in the flower of his judicial life. He would have asked each of the distinguished experts who gave evidence on her behalf, whether she would have stolen the furs if she had seen a policeman standing in front of her and keeping a close watch on the movement of her hands ? Of course this question would have been answered in the negative, and thereupon Lord Bramwell would have repeated his favourite witticism on such occasions, that an irresistible impulse to steal is an impulse to steal which is irresistible in the absence of a policeman, and sentenced her as heavily as the law allowed. It is fortunate, however, that these crisp judicial methods are no longer in vogue. A priori it is quite as probable that insanity should affect the will and moral faculties of the mind, as that it should lay its grasp upon the reason or the imagination. And à posteriori, it is perfectly certain that there are numerous cases in which this diseased condition of the moral nature exists. The juridical problem to which these cases give rise is by no means easy of solution. On the one hand, it is manifestly impossible for the law to admit that the mere existence of insanity of character is an exculpatory plea. To assume that position would be to ignore the fact that we live in a world in which insane people, whom no jurisdiction in lunacy can touch, abound; and to proclaim that,
POISONING BY MEDICAL PRESCRIPTION. It seems a remarkable result of the numerous Acts passed to restrict the sale of poisons that medical practitioners should be able to distribute broadcast the means by which poison may be obtained in such a way as to frustrate the very ends which the Pharmacy Acts were specially intended to secnre.
It is provided by the Pharmacy Act 1868 that certain poisons may only be sold by chemists, and, moreover, that on the sale of them certain regulations should be observed with regard to labelling; and, in case of the more deadly of the scheduled poisons (i.e., those in part 1 of the schedule), that the date of sale, the name and address of the purchaser (who must be known or introduced by someone known to the seller), the name and quantity of the article sold, and the object of the purchase as stated by the parchaser, should also be entered in a poison register to be kept by the chemist, to which entry the signature of the purchaser and his introducer (if any) is to be affixed. The Act contains, however, certain exceptions from these rules, and one of the most important is that which form the subject of thes remarks. It is provided that the foregoing regulations are not to apply to poisons forming part of any medicine dispensed by chemists, provided the medicine be distinctly labelled with the name and address of the seller, and the ingredients and the name of the person to whom sold or delivered entered in a book for that purpose to be kept by the chemist. “ Medicine dispensed” has been held to mean dispensed from the prescription of a qualified medical practitioner : (Berry v. Henderson, 22 L. T. Rep. 331). But there is a practical difficulty as well as danger in interpreting this exemption, as is illustrated by the case cited. There a chemist made up for a person unknown to him, but from what purported to be a proper medical prescription, a lotion which was merely prussic acid (one of the poisons in part 1 of the schedule to the Pharmacy Act) and rose water. Relying on the exemption referred to, the chemist merely copied the prescription into his prescription book, and labelled the bottle with his name and address as required by the Act. It turned out that the prescription was a bogus one; but, inasmuch as it was found as a fact that the chemist bond, fide believed it to be a genuine one, and as the preparation was one which might have been prescribed by a medical man for his patient, the Court held that he had brought himself within the exemption, and was not liable for selling to an unknown purchaser.
Now the mischief is this : A doctor prescribes a medicine for a patient under particular circumstances. That prescription may be used over and over again, and apparently a chemist does not consider himself under any obligation to make any inquiries concerning it. Its appearance may suggest its age ; but once a prescription always a prescription is his rule, and the result is shown in such cases as that of Professor Middleton, who had had an opium preparation made up from the same prescription for twenty years.
It is true that, so far as the chemist is concerned, he would only be