weeks after such award has been made and published to the parties. Provided that the Court or a Judge may by order extend the said time either before or after the same has elapsed. 18. Citation and date of operation.-These rules may be cited as the Rules of the Supreme Court (February) 1919, and shall come into operation on the 31st day of March, 1919. Dated the 3rd day of February, 1919. C. SWINFEN EADY, M.R. R. M. BRAY, J. CHAS. H. SARGANT, J. P. OGDEN LAWRENCE, J. T. R. HUGHES. M. M. MACNAGHTEN. C. H. MORTON. THE BANKRUPTCY ACT 1914. RECEIVING ORDERS To surrender at the High Court of Justice in Bankruptcy BINGHAM, GEORGINA, Baron's Court-rd, West Kensington, widow. Feb. 11. ELGIE, GEORGE, Buckingham Palace-rd. Feb. 11. SMART, ERNEST SYDNEY BOWDEN (sued as E. B. Bowden Smart), late Broxholm-rd, West Norwood, civil engineer. Jan. 30. To surrender at their respective District Courts. ASTON, OCTAVIUS, Belbroughton, clerk. Ct. Worcester. Feb. 11. GUNNILL, JAMES MONTAGUE BRYER, late Manchester, tailor. Ct. Salford. Feb. 12. HUTCHINSON, RICHARD FREDERICK, Warcop, farm servant. Ct. Kendal. Feb. 10. NICHOLS, LLEWELLYN, Olton, insurance agent. Ct. Birmingham. Feb. 10. PAGE, JANETTE (trading as Maison Page), Huddersfield, costumier. Ct. Huddersfield. Feb. 12. Amended notice substituted for that published in the Gazette, Jan. 31. DAVIES, HEBER BENJAMIN, Bedford, tailor. Ct. Bedford. Jan. 29. GAZETTE, FEB. 18. To surrender at the High Court of Justice in Bankruptcy. GRAY, OSCAR, Bedford-row, property developer. Feb. 13. RAYMOND, F. D., late Queen-sq, Bloomsbury. financier. Feb. 13. ROBINSON, FRANCES, late Tavistock-pl, W.C.. spinster. Feb. 14. STEVENSON, WALTER JAMES, Charing Cross Hotel, Strand. Dec. 20, 1918. To surrender at their respective District Courts. DALTON, HENRY, Gravesend, wholesale fruit salesman. Ct. Rochester. Feb. 14. FRANCIS, JAMES HAMILTON, Colchester. Ct. Colchester. Feb. 15. GLASS, EDGAR JOHN, Frome, corn agent. Ct. Frome. Feb. 15. PICKSTOCK, RICHARD THOMAS, Four Crosses, late farm bailiff. Newtown. Feb. 14. Ct. PIX, CHARLES LEWIS LAURENCE, late Peasmarsh, gentleman. Ct. Hastings. ADJUDICATION S. GAZETTE, FEB. 14. ASTON, OCTAVIUS, Belbroughton, clerk. Ct. Worcester. Feb. 11. HUTCHINSON, RICHARD FREDERICK, Warcop, farm servant. Ct. Kendal. NICHOLS, LLEWELLYN, Olton, insurance agent. Ct. Birmingham. Feb. 11. TANENBAUM, BELLA, Commercial-rd, Stepney, blouse manufacturer. Ct. High Court. Feb, 10. GAZETTE, FEB. 18. BINGHAM, GEORGINA, Barons Court-rd, West Kensington, widow. Ct. DALTON, HENRY, Gravesend, wholesale fruit salesman. Ct. Rochester. GLASS, EDGAR JOHN, Frome, corn agent. Ct. Frome. Feb. 15. Ct. High Court. Feb. 15. ODDY, WALTER, Addle-st, woollen merchant. Ct. High Court. Feb. 15. PICKSTOCK, RICHARD THOMAS, Four Crosses, late farm bailiff. Newtown. Feb. 14. PIX, CHARLES LEWIS LAWRENCE, late Peasmarsh, gentleman. Ct. Hastings. Feb. 14. Ct. STANDING, MARY ELIZABETH, Colne, spinster. Ct. Burnley. Feb. 13. STILING, FRED, Merthyr Tydfil, fruiterer. Ct. Merthyr Tydfil. Feb. 13. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. BURROW. On the 5th inst., at 28, Bisham-grdns, Highgate, N., the wile of Francis Russell Burrow, Barrister-at-law, of a daughter. GAMON. On the 11th inst., at Hartford House, near Winchfield, Hants, to Margaret, wife of Hugh Gamon, Barrister-at-law-a daughter. LOWE.-On the 8th inst., at 1, High-st, Banff, to Florence, the wife c Augustus C. W. Lowe, Solicitor, of Buckie, Banffshire, and of Colwyn Bay, North Wales-a son. MARRIAGES. MARCHANT LEIGHTON. On the 5th inst., at St. Peter's Church, St. Albans, Richard Coombe, son of William Robert Marchant, of Bolshayes, Woodchurch, Kent, to Maude, daughter of Clarance F. Leighton, of 61, Carey-st, Lincoln's-inn. SMITH NIMMONS. On the 8th ult., at St. Augustine's,, Lethbridge, Alberta, Richard Andrew Smith, Barrister, to Beryl Louise, daughter of Mr. Robert Nimmons, Lethbridge. DEATHS. BARNARD BYLES-On the 10th inst., at 3, Princes-grdns, S.W., Maurice CRUICKSHANK.-Missing at Sanna-i-Yat, on the Tigris, April 9, 1916, and now presumed killed, Donald Edward Cruickshank, 10th Border Regiment, attached 5th Wilts, B.A., St. John's College, Cambridge, son of G. E. Cruickshank, of Lincoln's-inn. GREEN. On the 11th inst., at Highfield Lodge, Southampton, Francis Spranger Green, Solicitor, Southampton. HILL. On the 2nd inst., William James Hill, B.A., of 4, College-hill. E.C., Solicitor, Clerk to the Vintry Ward. HUGHES. On the 7th inst., at Aberystwyth, Arthur Johnson Hughes, Town Clerk of Aberystwyth, in his 72nd year. 3 THE JOURNAL OF THE LAW AND THE LAWYERS. [Registered at G.P.O. Postage within United Kingdom, One Halfpenny; and to Canada at Canadian Magazine Rate.] SOCIETY LTD. FOR ALL COURT BONDS. REVERSIONS AND LIFE INTERESTS OR LOANS GRANTED THEREON. Apply to the ACTUARY, 26, PALL MALL, S.W. 1. KAIN'S SYSTEM OF SOLICITORS' BOOK-KEEPING AND COSTS. LEGAL DEPARTMENT, which will be pleased to arrange Sclicitors the issue of Indemnities in connection with MISSING BENEFICIARIES, LOST DOCUMENTS, DEFECTS IN TITLE, and other LEGAL CONTINGENCIES. HEAD OFFICE: Twelfth Edition, Explanatory Treatise by HENRY 20, 21, 22, LINCOLN'S INN-FIELDS, W.C. 2. BROWN, F.C.A., gives full explanations and specimen entries of all Books of Account. This treatise brings Solicitors' Book-keeping up to date, particular attention being paid to separating office and clients' moneys, and the advantage of drawing only on realised profits. Price 5s. net. All Account and Costs Books on Kain's Copyright LA Bystem (first and second quality), also special books Our 2A Cash Journal is ruled for keeping clients' SPECIAL NOTICE.-We have no connection whatever with any firm or firms who purport to sell our books, and adopters of "Kain's System should be careful to deal direct with us or our publishers, Waterlow Brothers and Layton, and see that the name of "Kain" as well as our name appears on the title page of every book. Price list, specimen sheets, and every information relating to the books are suplied by us free of charge. We have on our Register gentlemen with capital desirous of purchasing practices or partnerships. KAIN, BROWN, BENNETT, & CLARK, 59, CHANCERY-LANE, LONDON, W.C. 2. RESIDENT PATIENTS. REGISTER Telephone: HOLBORN 5450 (8 lines). AW ASSOCIATION for the BENEFIT of WIDOWS and FAMILIES of SOLICITORS in the Metropolis and vicinity. Instituted 1817. Supported by Life and Annual Subscriptions and by Donations. This Association consists of Solicitors taking out London Certificates and of retired Solicitors who have practised under London Certificates, and its objects are (amongst others) to grant relief to the widows and children of any deceased member, or, if none, then to The other relatives dependent on him for support. A subrelief afforded last year amounted to £1590. annum constitutes a one guinea per scription of member, and a payment of ten guineas membership for life.-Applications to be made to the Secretary, E. EVELYN BARRON, 3, Gray's-inn-place, London, W.C. i. LONDON GAZETTE (published by authority) and LONDON and COUNTRY ADVERTISEMENT OFFICE, No. 120, CHANCERY-LANE, FLEET-STREET, W.C. 2. Advertisement begs to direct the attention of the Legal Profes sion to the advantages of his long experience of upwards of fifty years in the special insertion of all pro forma notices, &c., and hereby solicits their continued support. N.B. Forms Gratis of Statutory Notices to Creditors File and Dissolution of Partnership and Declaration. of London Gazette kept for free reference. By Appointment. Money, Wanted and to Lend. of MUTUAL LOAN FUND ASSOCIATION of RESIDENCES DOCTORS who receive Resident Patients-town, country, seaside-sent free of charge. The Register states terms, &c., and is illustrated. Mr. A. V. STOREY, General Manager, Scholastic, Clerical, and Medical Association Ltd., 22, Craven-street, Strand, W.C. 2. Tel. add.: "Triform, London." Tel. No.: 1854 Gerrard. HELMORE on KAIN'S SYSTEM of SOLICITORS' BOOK-KEEPING. All Accounts and Costs Books, with Short and Concise LIMITED (incorporated 1850), 5, Lancaster-place, Waterloo Bridge, Strand, W.C. 2; 38, Ship-st., Brighton; 199, Queen's-road, Hastings; and 31, Walbrook, E.C. 4; ADVANCES MONEY upon personal security, shares, Bills promptly deeds, &c., repayable by instalments. discounted. Forms free.-C. R. WRIGHT, Secretary. Offices to be Let. UITE of OFFICES for Solicitor to LET in High Holborn, first floor, Furnished or Unfurnished; will divide, accept low rental; small law library can remain if desired.-Address" Premises " (No. 3961), "Law Times" Office, Bream's-buildings, E.C. 4. Partnerships, Wanted and Vacant. SOLICITOR (LL.B., 1908), 31, good expe rience in large country offices in Conveyancing and Common Law, REQUIRES JUNIOR PARTNERSHIP, or CLERKSHIP, with a view thereto on his release from Army; West of England preferred; some capital available.- Post" (No. 3919), "Law Times" Office, Bream's-buildings, E.C. 4. BARRISTER (30), first-class Advocate, 'Varsity and Bar Honours, sound lawyer, tired of waiting, is OPEN to PARTNERSHIP, any part of the world; capital. S J." (No. 3961), Times" Office, Bream's-buildings, E.C. 4. So Law or LAW, SOLICITOR (ex-officer, three years' LAW WANTED. immediately, in Sol service), age 32, DESIRES POST as ASSISTANT, with or without view to Working Partnership; fifteen years' sound experience, all branches; good Advocate, accustomed advise and act generally without supervision; keen and energetic; highest references; salary by arrangement and subordinate to prospects.-W. M." (No. 3960), E.C. 4. "Law Times Office, Bream's-buildings, AW.-SOLICITOR, with leading West L-End firm, skilled Conveyancer, twenty-three years' all-round experience (including Estate work, Trusts, Litigation, Divorce. Company, Parliamentary, and Local Government work), supported by highest credentials, DESIRES responsible POSITION with firm of good standing." Thorough' (No. 3960), "Law Times" Office, Bream's-buildings, E.C. 4. " LAWANG SOLICITOR (46) DESIRES OLICITOR (Public School, B.A., LL.B., Cantab, Honours Solicitors' Final, age 31) DESIRES WORKING PARTNERSHIP; London country; experienced Conveyancing, Common Law, Chancery, and Trust work, both in town and country; Captain, just demobilised; previous prospects owing to joining Army 1914; capital available; excellost lent references.-J. L. C." (No. 3961), Times" "Law Office, Beam's-buildings, E.C. 4. SOLICITOR (Public School man, LL.B., ancing, Honours, discharged Army) DESIRES PARTNERSHIP or MANAGING CLERKSHIP with a view thereto in West or South of England; used to sole charge of Family and general practice; immediately. available -" W.,' Bournemouth. " care of 48, Wellington-road, SOLICITOR (27), LL.B. (to be admitted April) DESIRES JUNIOR PARTNERSHIP, or CLERKSHIP with view thereto; North of England preferred; Conveyancing and general practice experience; highest references.-S. K." (No. 3961), Times Office, Bream's-buildings, E.C. 4. LDERLY E Law SOLICITOR, old-established City Practice, REQUIRES PARTNER to purchase share with Succession to whole; good opportunity for young Solicitor.-Apply, stating capital at disposal, to "Z.,' Blairs, 11, King-street, Cheapside, London, E.C. nership; experienced in all branches of practice (except Admiralty); profits of own business to be shared."Justice (No. 3961), "Law Times Office, Bream'sbuildings, E.C. 4. AW.-SOLICITOR DESIRES MANAGwide experience ConveyProbate, Common Law, and Bankruptcy; accustomed to act entirely without supervision; salary £360 per annum. Homo " (No. 3961), "Law Times " Office, Bream's-buildings, E.C. 4. LING CLERKSHIP: Wed, SEEKS responsible POSITION: age 30; AW.-GENERAL CLERK, just demobiBook-keeping, general routine; finest references; state twelve years' legal experience; expert Shorthand-Typist, salary offered. Avro " (No. 3961), "Law Times Office, Bream's-buildings, E.C. 4. LAW. served AUSTRALIAN SOLDIER, eighteen months under Articles in Brisbane (Queensland), would like to GIVE SERVICES for period six to nine months, whilst awaiting demobilisation, in London Solicitor's office, in return for experience. Apply "E. L. J." (No. 3961), "Law Times" Office, Bream's-buildings, E.C. 4. VOLICITOR (36), admitted 1907, subsequent Ltwenty-five years. Experience in country, City, AW-SOLICITOR (Commissioner), with continuous general practice, London, WANTS SUCCESSION or PARTNERSHIP; Conveyancing and General practice; country town, West of England or Home Counties." P. H." (No. 3961), "Law Times " Office, Bream's-buildings, E.C. 4. a OLICITOR (37), demobilised officer. Oxford Graduate, married (with family), SEEKS SUCCESSION or PARTNERSHIP in legal firm; in the alternative would consider suggestion as to joining commercial enterprise requiring legal assistance; pre-war and present experience as partner in busy City office; capital available.-" M. P." (No. 3961), Times " "Law Öffice, Bream's-buildings, E.C. 4. OLICITOR (LL.B., Honours) DESIRES PARTNERSHIP or POST with view thereto; preferably in large town in North of England.W. L. H." (No. 3961), "Law Times Office, Bream's-buildings, E.C. 4. SOLICITOR (31), just demobilised, admitted 1910, excellent experience of General practice and Magisterial work, also County Court and some Advocacy, DESIRES JUNIOR PARTNERSHIP or CLERKSHIP with view thereto."N. (No. 3961), W." "Law Times Office, Bream's-buildings, E.C. 4. Practices, Wanted and for Sale. NUCCESSION for SALE-Old-established good-class CONVEYANCING and PRACTICE GENERAL in county town: ample introduction; owner retiring. "P. S." (No. 3959), "Law Times Office, Bream's-buildings, E.C. 4. SOLICITOR, practising in London before WANTS COUNTRY PRACTICE or COUTH of ENGLAND PRACTICE for Lo VACANCY for PARTNER; general practice; moderate capital.-" Nomos (No. 3961), "Law Times Office, Bream's-buildings, E.C. 4. Situations, Wanted and Vacant. LA AW. SOLICITOR (Commissioner), 51, and West End, of Conveyancing, Trust, Probate, and Family business, also fair knowledge of other branches, REQUIRES POSITION as MANAGER, preferably with view to Succession or Partnership, in London or Southern Counties; very highest references; salary £300. "L. M. N." (No. 3961), "Law Times" Office, Bream's-buildings, E.C. 4. LAW. SHORTHAND-TYPIST and GENERAL CLERK DESIRES ENGAGEMENT; excellent references.-Address "F. H.," Ivycroft, Ham Common, near Richmond, Surrey. LAW AW.-CHANCERY and COMMON LAW considerable experience in all H.C. litigation.-" A. C.," 40, Pentire-road, Highams Park. LAW WANTED;ofia (male or Typist; permanency.-Apply, by letter, stating age, expertence, and salary required, to STANLEY PARSONS, Solicitor, St. Blazey, Par, Cornwall. wperienced and competent CLERK; capable of AW.-WANTED, for London office, attending to court and chamber work, and with a knowledge of Company work; state age, experience, and salary." Law" (No. 3960), "Law Times" Office, Bream's buildings, E.C. 4. LAW WANTED, at once, ASSISTANT shire (West Riding).-Apply, stating age, experience, · Law and salary required, to "W." (No. 3961), Times" Office, Bream's-buildings, E.C. 4. ASSIST Principal in general country Practice; one fond of and experienced in Advocacy preferred; Share may be acquired by suitable applicant.-Apply, AW. CLERK, just demobilised, experi- with references, salary required, and full partculars of experience, to "H. E." (No. 3961), Law Times Office, Bream's-buildings, E.C. 4. Probate, Magisterial, Poor Law, and Rural District AW. SOLICITOR'S CLERK DESIRES LAWPPOINTMENT twenty years' experience; Conveyancing, Probates, Death Duties, and General excellent references; salary about £4 weekly." F. J.' (No. 3961), "Law Times Office, Bream's-buildings, E.C. 4. L AW. SOLICITOR (45), experienced in DESIRES permanent or temporary country CLERK Conveyancing, Probate, Trusts, &c. (not advocacy), SHIP or MANAGEMENT of branch office on mutual terms: references." Solicitor," Cot, Woodlea-road, W. Worthing. LAW. SOLICITOR, admitted 1885, with AW.-SOLICITOR, admitted 1885, with veyancing, Probate, General business, and Advocacy, DESIRES MANAGING CLERKSHIP, preferably in country offices holding Public Appointments; highest references." Rock (No. 3961), "Law Times Office, Bream's-buildings, E.C. 4. AW.-Temporary ASSISTANCE with Conveyancing, &c.-Advertiser, an experienced admitted CONVEYANCING CLERK, specialises in rendering temporary ASSISTANCE with Conveyancing; he has been employed by many of the leading firms, and holds the highest recommendation.-Address 79, Lancaster-road, Stroud Green, London, N. AW. CONVEYANCING (capable and experienced draftsman), over twelve years' experience, DESIRES RETURN to TOWN; conduct without supervision; good credentials. -Apply "Juris (No. 3961), Law Times" Office, Bream's-buildings, E.C. 4. L AW.-WANTED, unadmitted_ CLERK, with experience in Conveyancing, Estate Duty, and general practice, for firm in cathedral city in North Midlands.-Apply, with references, age, and salary, to T. 8." (No. 3961), "Law Times' Office, Bream's-buildings, E.C. 4. AW.-WANTED, in Country Solicitor's and MANAGING Office, CONVEYANCING GENERAL CLERK; capable of acting without supervision; some knowledge of Manor work desirable.-Write, stating age, salary required, and full particulars, to J. M. PONCIA, Solicitor, Ashford, Kent. AW.-WANTED, CLERK (admitted), Commercial Cases, Common Law, and Litigation; scme LAW, CASHIER (Kain's System) AW.-WANTED, in Country Solicitors' LAWinitted WANTED immediately by old-estab LA CLERKSHIP, per DESIRES MANAGING manency; could act in absence of principal; interview clients; capable draftsnian; thoroughly experienced, and conduct without supervision, all-round Conveyancing, Probate, Trust, and General Practice; skilled in Death Duty Accounts, Draft Costs, Book-keeping.— (No. 3959), "Law Times buildings. E.C. 4. Office, Bream's office, thoroughly experienced CLERK (unadmitted); experienced in Urban District Councils' highest references required.-Apply, stating age, full accounts, Magisterial and General Solicitor's work; particulars of experience, and salary required, to "E." (No. 3959), "Law Times Office, Bream's-buildings, E.C. 4. AW.-WANTED, CLERK AW. Experienced and capable SOLI ICHARGEANT Suburban County Court: LA CITOR. 53 (Commissioner), thirty years' experience as Assistant and on own accrunt (general country practice), particularly Conveyancing (no Advocacy), seeks MANAGING CLERKSHIP (country), permanency; salary by arrangement; highest references (professional and social)." Legal (No. 3959), Times Office, Bream's-buildings, E.C. 4. AW.-ACCOUNTANT and CASHIER, LAW including True "Law Income Tax, and Costs supervision in good provincial and London offices, DESIRES POST; initiative; exnaval service." B. M." (No. 3960), "Law Times Office, Bream's-buildings, E.C. 4. " TAKE opening for junior.-Apply, stating age, experience, good and salary required, to HOBSON, 34, Essex-street, Strand, London, W.C. 2. country CONVEYANCING CLERK (unlished firm near Bedford-row; must be able to prepare Death Duty and Trust Accounts and work with slight supervision.-Apply, by letter, stating experience and salary required, to "Z." (No. 3961), ** Law Times" Office, Bream's-buildings, E.C. 4. LAWest Riding), thoroughly experienced, energetic SOLICITOR; capable of acting without supervision; E.C. 4. ALICE MAUD HANNAH above qualifications: Baid, of the Solicitors' Law Stationery Society [Vol. 146-307 CONTENTS. REPORTS. SUPREME COURT OF JUDICATURE. COURT OF APPEAL. WILSON v. BLYTH SHIPBUILDING AND DRY DOCKS COMPANY LIMITED.Employer and workman-Personal injury by accident ...................................... LANCASTER v. BLACKWELL COLLIERY COMPANY LIMITED. - Employer and workman-Death caused by accident-Compensation 1 3 310 BOOTHBY V. PATRICK AND SON. Employer and workman-Personal injury by accident Claim for compensation-" Workman " CHIPPENDALE v. HIGH EXPLOSIVES LIMITED OF LYTHAM.-Employer and workman - Personal injury by accident-Claim for compensation PORT OF LONDON AUTHORITY v. GRAY.-Employer and workmanPersonal injury by accident Compensation-Agreement to pay 11 THAMES CONSERVATORS v. KENT.River-Towpath-Adjoining landowner-Public and private rights of way over towpath HIGH COURT OF JUSTICE CHANCERY DIVISION. 16 Re SMITH; LAWRENCE V. KITSON (No 2.- Mortgage-Memoranda of charge-To secure further advances by mortgagees to mortgagor 25 KING'S BENCH DIVISION. B'ILEY V. GILL.-County CourtDetinue Alternative judgment for return of chattel or payment of its value within specified time..... 26 PEARL MILL COMPANY LIMITED v. IVY TANNERY COMPANY LIMITED.— Sale of goods -"Delivery as required" 28 GENERAL INTELLIGENCE.-Ministers 323 324 325 Mr. Francis Mr. John 325 CORRESPONDENCE.............****** OURT PAPERS. Rota of Registrars 326 326 BIRTHS, MARRIAGES, AND DEATHS 326 Advertisers whose reference is under initials to this office should remit 1s. additional to defray postage in transmitting replies to their Adver tisements. Advertisements must reach the office not later than 12 o'clock noon on Thursday, and must be accompanied by a remittance. Post-Office Orders payable to the Field & QUEEN (HORACE COX) LTD. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected. All communications intended for the Editorial Department should, in order to prevent delay, be addressed to the "EDITOR OF THE LAW TIMES." Any contributions that may be sent on approval will be carefully considered by the Editor; but no responsibility whatever can be accepted in respect thereof, although, if unsuitable, every effort will be made to return them, provided that a stamped addressed wrapper is inclosed for that purpose. The copyright of all contributions (including reports paid for) shall belong to the proprietors of the LAW TIMES, together with the right of republication in any form they may think desirable. Apart from any express agreement that may be made, contributions are only received and considered on these conditions. Advertisements, orders for papers, &c., should be kept distinct, and addressed to the Publisher, "Law Times" Office, Windsor House, Bream's-buildings, E.C. 2. Vol. 146-No. 3961. The Mines Commission. No better selection could possibly have been made than that of Mr. Justice SANKEY to preside over the commission appointed by the Government to inquire into the coal industry. His ability as a judge is unquestionable, but, apart from this, owing to his intimate knowledge of all matters relating to mines and miners, his appointment will be readily acceptable to both owners and workers. Judges and Inquiries. THOSE who are disposed to speak and think disparagingly of the law and lawyers should consider the excellent work done during the past few years by members of the Bench in elucidating facts and presiding over inquiries into matters outside their strictly legal duties. One has only to mention the names of Lord SUMNER, Lord STERNDALE, Lord Justice BANKES, Mr. Justice YOUNGER, Mr. Justice ATKIN, Mr. Justice SANKEY, and Mr. Justice MCCARDIE to see that those who have been successful in assisting their country during periods of stress have owed their preferment in the law to individual merit and not to political and other extraneous causes. It forms the strongest argument against indirect reasons for selection that those judges who have kept free from the political arena during their career at the Bar have been able to perform extra-judicial duties without any loss of public confidence in their absolute impartiality. In saying this we must not be taken as approving the employment of the Bench in matters not strictly judicial, save under exceptional circumstances. It is because that condition has been satisfied that the recent employment of judges on commissions and committees has commended itself to us. It is to be hoped that in the near future with peace abroad and at home investigations may be undertaken without calling upon the Bench for assistance. Fusion in the Profession. On Friday this week the result of the poll of the Law Society on the question of fusion will be announced. At present the society consists of some 8589 members, of whom 4792 are outside the metropolis. The result will be interesting, having regard to the fact that Mr. GISBORNE'S motion in favour of fusion was carried on the 31st Jan. by ninety-five votes to twenty-nine. But at that meeting, as we pointed out, the speakers seemed to be not so much in favour of the proposals made by the mover and seconder as of the amendment to give solicitors audience co-equal with barristers. The ultimate outcome must be decided on the question of public advantage, and the view we hold is that in this country fusion would not make for economy or efficiency. Whether the advocate is a member of a firm of lawyers or a member of the Bar, his fees would have to be paid by the client, and a fashionable or popular advocate would command high fees in the same way as a fashionable or popular surgeon, artist, or other professional man. As to efficiency, the client through his solicitor can procure the services of any barrister, and such free choice permits the selection of one specially qualified to deal with the subject in question. Fusion would in fact tie the firm-for it would be physically impossible for one man alone to run an office and appear as advocate-to the advocate or advocates attached to that firm, and the client's interests would thereby suffer. Instances under both heads could be multiplied, and we are as yet without any detailed scheme by those who propose a change. NOTICE TO QUIT IN YEARLY TENANCIES. "IT is convenient not to depart from the general rule of construction in cases of tenancies from year to year; which rule is, that the time for giving notice to quit is fixed and determined by the period of the original entry." These are the words used nearly eighty years ago by Mr. Justice Coltman in Berrey v. Lindley (3 Man. & Gr. 498). They have been cited with approval by many eminent judges; they have been adopted by every text-writer of authority. Yet this proposition, which was considered to be "the ancient law" 150 years ago, was pronounced by Mr. Justice Astbury last week to be unsound. In Croft v. W. F. Blay Limited (post, p. 312) the plaintiff let premises to the defendants for one year and one-eighth of a year from the 11th Nov. 1915. The term there fore expired at Christmas 1916. The defendants, however, remained in possession of the premises after the end of the tenancy, and the payment and acceptance of a quarter's rent on the 25th March 1917 constituted them yearly tenants. On the 8th June 1917 the defendants gave the plaintiff notice to determine the tenancy at Christmas 1917. The plaintiff contended that the notice was bad, and that the tenancy could only be determined by a notice expiring on the 11th Nov., the anniversary of the beginning of the term. The learned judge characterised this contention as a "startling one," though it is stated as settled law in every recognised text book, and, after reviewing a large number of cases, came to the conclusion not only that it was wrong, but that it was not supported by authority. He accordingly held that where a tenant holds over and pays rent after the expiration of the original demise by effluxion of time, the current year of the tenancy from year to year so created is treated as determinable on the anniversary, not of the beginning, but of the termination of the original term. If this had been a new question coming before the court for the first time, much might be said in favour of the reasonableness of the learned judge's decision, but Mr. Justice Astbury might well have considered "the convenience of departing from a general rule of construction which has been laid down and sanctioned by the most eminent judges and writers for a century and a half. It is true the learned judge professes to have found no decision exactly in point, and boldly states that the statements of the textbook writers are not justified by the authorities cited in support of them. The rule of law is cited thus in Smith's Leading Cases, 11th edit., at p. 132: “Where a tenant holds over and becomes a yearly tenant, then, if the time of the year at which the term originally commenced and the time at which it ended be not the same, the notice must primâ facie be made to expire at the former time." The cases quoted in support of this proposition are Doe v. Dobell (1 Q. B. 306), Berrey v. Lindley (3 Man & Gr. 498), and Kelly v. Patterson (30 L. T. Rep. 842; L. Rep. 9 C. P. 681). Mr. Justice Astbury took exception to this statement of the law, which he said was not justified by the last mentioned cases, but preferred the statement of the editors of the fourth edition, which was as follows: "It has been held that the notice to quit must end with the period at which the tenancy commenced, even though the demise be in terms for one year and six months certain." This note on Doe v. Dobell may be, as Mr. Justice Astbury said, "colourless," but it is at least a recognition, without a word of adverse comment, without even a hint of doubt, by two of the greatest masters of the common law (Justices James Shaw Willes and Keating) that the Court of Queen's Bench sitting in banc had decided the very point which was before Mr. Justice Astbury last week. The fact that the demise in one case was for one year and an eighth of a year, and in the other case was for one year and a half-year, cannot differentiate them, and therefore the learned judge, even though he thought the rule laid down was incorrect, should nevertheless have followed the decision of a court which was binding on him. The rule on which it is now desired to cast doubt was regarded as settled law more than a century ago; it has been adopted and approved by judges of the utmost distinction, and no judge or text writer has hitherto challenged its soundness. As long ago as 1806 Lord Ellenborough in Doe d. Holcombe v. Johnson (6 Esp. 10) enunciated the rule in these words: "The notice to quit must correspond with the commencement of the term.' In Kelly v. Patterson Lord Esher (Mr. Justice Brett as he then was) in a considered judgment said: "Where the question arises with the lessee, who is holding over the expiration of a lease originally granted or a demise originally made to himself, the rule does apply. That is the present case." The rule to which the learned judge was referring was that laid down by Mr. Justice Coltman in Berrey v. Lindley and quoted at the outset of this article. The converse of the rule is established by the judgment of Lord Justice A. L. Smith in the case of Sidebotham v. Holland (72 L. T. Rep. 62; (1895) 1 Q. B. 378) in these words: “I can find no case, nor has any been cited, in which a full six months' notice to quit given for the anniversary of the day on which the tenancy commenced has been held to be invalid." In the same case Lord Justice Lindley, delivering the judgment of himself and Lord Halsbury, adopts the rule as laid down in Jarman's Bythewood, vol. 3, p. 276: "It-i.e., notice to quit-must generally be a half year's notice and must expire at the period at which the tenancy commenced, and it is immaterial whether the letting was from one of the usual quarter-days or from any other day." It would be difficult to find any rule of the common law more clearly and definitely enunciated, and even cases which appear at first sight to conflict with the rule will be found on closer scrutiny to recognise and support it. Thus in Doe d. Buddle v. Lines (11 Q. B. 402) Lord Chief Justice Denman said : This [his decision in the case of a sublease] is not at variance with any of the cases. The original entry spoken of in them is the original entry of the lessee himself." 66 The apparent exceptions fall into two classes: (1) Cases of assignees and sub-lessees, "and the rule is only applicable to the entry of the lessee himself who holds over, and not to the entry of the predecessor through whom he holds his lease," per Mr. Justice Brett in Kelly v. Patterson. (2) Cases where no date has been expressly agreed on for the beginning of the tenancy, and where entry was in fact made on a day other than one of the |