« EelmineJätka »
Specific performance -Sale of publio-house-Trade name — Imitation - Name of article- Vexations legal proceedings instituted prior to
Calculated to deceive (The Coventry Chaffers), 553
Will - Construction – Charitable purposes-
Hood v. Attorney-General), 463
child without issue to surviving children
No valuation - Trustee Act 1893 — Judicial Construction – Gift to the children of
Uncertainty (Re Stephenson; Donaldson v.
of trust-Bankruptoy of defendant-Laches Construction-Illegitimate child-Nephew
by foreign com- and delay of plaintiffs—Statute of Frauds (Re Parker; Parker v. Osborne), 578
trust in will-Accretion-Hotohpot clause (Re
water from road-Right to discharge into Construction-Tenant for life and remainder-
power to postpone - Trastees not agreed -
out of corpus-Public Health (London) (Re
ment thereunder of so much of the funds as of service-Vaccination Act 1862 (Holloway, Construction-Tenant for life and remainder-
man Leaseholds Devise and bequest of
pensation (Re Neale and Drew's Contract), 364 (subject to payment of annuities), and then to
moiety of other partner-Copyholds described Young), 555
-Compensation (Hopcraft v. Hopcraft), 554 man-Leaseholds directed to be retained by the
against original purchaser-Lis pendens –Ten · Gift for life-Power for tenant for life to
fault-Gift by implication (Re Weeke's settle-
feree (Re Romney and Smith's contract). 555 phreys v. Gadsden), 364
Character or quality of goods-Assignment- Bankruptcy Act 1883 (Re Carter and Kender- -Gift to wife absolutely “in fullest confidence
that she will carry out my wishes "--Bene-
Carter and Kenderdine and Veodor and Pur. v. Attorney-General), 59
Tenant for life and remaindermen-Absolute
trast (Re Lever; Cordwell v. Lever), 388
PROMOTIONS AND APPOINTMENTS.
Alexander, H. R. T., 118
M P., 68
D.C.L., LL.D., 302
Darling, Charles J., Q.C., M.P., ! Jauralde, John William Peter, 496
Jones, William Henry Hyndman,
Knowles, M. R , 399
Lawman, Arthur J., 69
Leonard, s Henry, 118
Littlewood, John Whittaker, 221
Logan, Daniel, 43
Logan, Robert Henry, 281
Lovegrove, Philip, 21
Marpole, D. W., 281
Marrack, Richard, 164
Mattinson, Q C., 328
McConnell, Robert, 68
Morgau, Henry Robert, 519
Murphy, Q.C., 90
Nisbet, Edward Gibson, 589
Oswald, J. F., Q.C., M.P., 43
Pemberton, H. Bertram O., 539
Pennock, John, 69
Peters, Arthur, 302
Price, Herbert J. E., 136, 346
Puckeridge, W. H., 221
Quennell, John Lewis, 136
Raven, Henry Baldwin, 136
Richards, Thos. J., 424
Ridge, Edward H., 205
Robinson, George, 69
Roderick, W. Buckley, 446
Ro9, Hon. Charles Arthur, 519
THE COURTS AND COURT PAPERS.
Admiralty-Order abolishing fees on sums paid | House of Lords appeals, 21, 305, 497
Probate rules - Additional rules and orders,
Judicial Committee of the Privy Council, 47,329, dated December 11, 1896, for the registrars of
the principal and district probate registries
with regard to non- contentious business,
Liverpool and Manchester District Registries- 258
Transfer of actions, 353
Rota of judges, 227, 592
Rule 41a of Supreme Court Funds Rules, 71
Rules Publication dct 1893-Order XXII., r. 17A,
192; Order XXX., 474
Orders of court as to transfer of cases, 282, Stannaries Court (Abolition) Act 1896 --Order,
305; rules, 371 ; fees, 449
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NOW READY. PATERSON'S PRACTICAL STATUTES of the SESSION
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The new Bishop of London studied Law and Modern History at Oxford, which no doubt accounts for his rapid rise in the Church. Archbishop MAGEE, in one of his letters, says that he preached in Dublin to an audience including three eminent judges, “whom I duly instructei in the ultimate principles of law.”
The same witty prelate, when struggling with distinguished lawyers on the subject of Irish Church disestablishment, expressed the hope that “whatever fate befalls the Irish Church, it may not die that most ignominious and agonising of all deaths--asphyxiation by lawyers.”
RELIGIOUS principles, of course, have nothing to do with the selection of judges, but it is the fact that recent appointments to the County Court Bench have included two prominent Dissenters, Mr. WADDY and Mr. BOMPAS. The latter now fills the appointment held by Mr. GATES, who has just resigned. The Bar Council, as representing the whole Bar, has passed a resolution that every Recorder raised to the Bench should resign his Recordership. Mr. EASIPAS is Recorder of Plymouth and Devonport, which we aj prehend, in deference to professional opinion, he will give up.
REG. v. THE COUNTY COUNCIL OP
WEST RIDING OF YORKSHIRE.
Theatre-Licence-Grant subject to MAYOR, &C., OF MANCHESTER
an undertaking not to apply for MCADAM. - Revenue - Income tax excise licence...
252 Exemption Public library Urban authority
229 DEELEY AND OTHERS PERKS.
LEAD'NG ARTICLES, &c. Patent Order of revocation Amendment of specification-Prac- TO READERS AND CORRESPONDENTS.. 1 tice
233 LEADING ARTI''LES.-Topics of the JUDICIAL COMMITTEE OF THE
Week-The Calcutta JudgesbipsPRIVY COUNCIL.
Trustees for the Purposes of the TORONTO RAILWAY COMPANY 7, THE
Settled Land Acts-Judge-made QCEEX.--Law of Canada-Revenue
Monopolies-Civil Judicial Statistics 1 -Import duty on steel rails-Stat. COMMENTS ON CASES
9 50 & 51 Vict, C. 39, s. 1, item 88, s. 2, OCCASIONAL NOTES...
9 item 173
NOTES OF RECENT DECISIONS NOT
10 SUPREME COURT OF JUDICATURE.
OUR LITERARY COLUMN.-Stories COURT OF APPEAL. from the Law Reports
12 R- LUULEY: Ex parte HOOD-BARRS.- LAW LIBRARY ...
13 Married woman-Separate estate
GENERAL INTELLIGENCE.-The Order Restrainton anticipation-Omission
of the Coif-Temple Church-Heirsof words " for her separate
at-Law and Next of Kin-AppointTak TOTTENHAM URBAN DISTRICT
ments under the Joint Stock COUNCIL . WILLIAMSON AND SONS
Winding-up Acts---Creditors under LIMITED. - Local government
Estates in Chancery - Creditors Publis nuisance-Action by locai
under 22 & 23 Vict. c. 35
14 authority--Right to sue....
COUNTY COURTS. — Sittings of the Re AN ARBITRATION BETWEEN GONTY
16 F. THE MANCHESTER, SHEFFIELD,
PROCEEDINGS AFFECTING TRE PROAND LINCOLNSHIRE RAILWAY COM
17 PAXY. -- Railway company--Com
LAW SOCIETIES.-United Law Society pensation--Portion of factory taken
Union Society of London --Material detriment to remainder... 239
Huddersfield Incorporated Law HIGH COURT OF JUSTICE. Society........
17 CHANOERY DIVISION. CORRESPONDENCE...
18 EHRMANN F. EHRMANN (No. 2). — LAW STUDENTS' JOURNAL --Council
Practice -- Discovery - Partnership of Legal Education: Michaelmas books - Sealed-up memoranda
Pass Examinations Successful ** Privilege"-Irrelevancy of entries Candidates at the Preliminary Jurisdiction of court to unseal 243 Examination, October 1896-The
QUEEN'S BENCH DIVISION. Study of Jurisprudence-Students' DIXON 7. THE GREAT WESTERN RAIL- Societies
19 WAY COMPANY.-Railway-Accom- PROMOTIONS AND APPOINTMENTS
21 modation works-Fences-Damage NOTES AND QUERIES
21 through defective fence.
245 THE COURTS AND COURT PAPERS. THE KENT COUNTY COUNCIL (apps.) House of Lords, Session 1896 r. LORD GERARD (resp.).--Highways Manchester and Liverpool Assize
Extraordinary traffic - Person Actions-Queen's Bench Divisional ordering materials for works ......... 247 Courts : Order of Business-ComGOODSON 7. THE SUNBURY GAS CON
mercial Causes-Rota of Registrars SUMERS' COMPANY LIMITED.--High- --Circuits of the Judges, Autumn ways--Public nuisance-Breach of Assizes, 1896 ..........
21 statutory duty--Special damage- THE GAZETTES.
22 Right of action...
251 | BIBTHS MARRIAGES, AND DEATHS ... 24 Vol. CII.-No. 2797.
On Saturday last Mr. Justice North completed his fifteenth year of judicial service. There are now ten members of the English Judicial Bench entitled to retiring pensions-Lord ESHER (1868), Mr. Baron POLLOCK (1873), Lord Justice LINDLEY (1875), Mr. Justice Hawkins (1876), Lord Justice LOPES (1876), Lord Justice Kay (1881), Mr. Justice CAVE (1881), Mr. Justice CHITTY (1881), Mr. Justice MATHEW (1881), and Mr. Justice North (1881).
By a curious statutory provision the LORD CHIEF JUSTICE of ENGLAND, on the completion of fifteen years service as Chief Justice, is entitled to a retiring pension of six-sevenths of his judicial income. The late Lord Chief Justice COLERIDGE was, at the time of his death in 1894, one-and-twenty years on the Bench; he had, however, only been Türii Chief Justice since 1880, and would have been entitled to retire not on six-sevenths but on two-thirds of his official income.
Of the Irish Judiciary, which, exclusive of the Lord CHANCELLOR, consists of nineteen members, no fewer than six are entitled to retire on pensions of two-thirds of their official income-Judge MILLER (1867), the Vice-Chancellor (Mr. CHATTERTON, 1867), the President of the Probate and Matrimonial Division (Mr. WARREN, 1868), Lord Justice BARRY (1872), the Lord Chief Baron (Mr. PALLES, 1874), and Lord Justice FitzGIBBON (1878).
The first volume of the Inner Temple Records, edited by Mr. INDERWICK, Q.C., is of great interest, principally on account of the editor's introduction. The records begin A.D. 1505, and we are told that as late as 1339 there would seem to be no clear evidence of more than one society of lawyers occupying the Temple. In the reign of HENRY VII, the separation of the Middle Temple from the old house (thenceforward described as the Inner Temple) took place.
THAT Irish judges are not overburdened by work may be inferred from the fact that Sir PETER O'BRIEN, the Lord Chief Justice of Ireland, was enabled on Tuesday last week, which was the second day of the Michaelmas Sittings, to have
a day off,” which he spent at the opening meet of the Kildare Hunt. Irish judges in the past have in some instances been noted disciples of Nimrod. Thus Mr. RICHARD PENNEFATHER, who was appointed a Baron of the Irish Court of Exchequer in 1821, was deprived of the sight of one eye by
accident in the hunting-field. He was warned by leading oculists at the time that the sight of the other eye was much endangered. The Baron prepared for total blindness, with which he was subsequently afflicted, by cultivating his memory, and continued to discharge his duties on the Bench for many years while wholly blind.
He only retired a very few years before his death, which took place in 1859.
MIDDLE TEMPLE-LANE is kept open from sunrise to sunset by an Ordinance of EDWARD III. We are told by this authority : “ Whereas the King is given to understand that there ought to be a common transit by the middle of the Court of the New Temple to the water of the Thames as well for the Clerks of the Chancery and other ministers as for others whomsoever wishing to go by the water aforesaid to Westminster from the rising to the setting of the sun, the King commands the Mayor to cause the gates of the Temple to be kept as before was accustomed.”
We also learn that “the large garden of the Inn lying between the river and the hall is the subject of much apcient tradition, not the least noteworthy of which is the alleged gathering of the red and the white roses by the respective champions of York and Lancaster before the outbreak of the civil strife known as the Wars of the Roses. Roses in the time of CHAUCER were very prolific in England, as we know from his writings, and the Temple Garden was probably cultivated with these as with other sweet-smelling shrubs at least as early as the time of HENRY VI.”
A FEATURE in the Judicial Statistics for 1894, which discourages too much satisfaction with the growth of County Court business, is the number of successful appeals from decisions of the inferior courts. Of 222 cases argued, ninety appeals were allowed---more than one-third of the whole.
The decline of the business of the Mayor's Court is one of the singular events in our judicial history. Notwithstanding that it has no less than three judges available, viz., the Recorder Sir CHARLES Hall, the Common Serjeant Sir FORREST FULTON, and Mr. ROXBURGH, its records show a continuous falling off. This was remarkable in 1894, prior to which year there had been a steady rise, the figures being (number of actions, &c.), average in the years 1888-92 13,277, 1893 11,909, and 1894 11,114. Reports from the Court do not lead to the expectation of any improvement, but rather the reverse.
When a notice is officially issued, it ought to be reliable otherwise much inconvenience is caused. A correspondent complains that : Early in October last, the official card published by the Probate and Divorce Division notified to the solicitors and counsel that Probate and Divorce Causes, before the judge alone, would be tried from the 17th Nov. to the 28th Nov., yet notwithstanding this fact, the same court, on the 31st Oct., issued in the daily cause list a notice that those cases would be taken immediately after the special juries had concluded, and that the parties to those defended Probate and Divorce Causes must be ready at once.
NOTE.-The figures are exclusive of days spent in travelling on circuit. In some instances the number of days of sitting in 1894 had not been recorded and could not be ascertained, and in other cases the figures furnished were estimated from the best available materials. Where is “ elsewhere?”
The section of the Judicial Trustees Act 1896, which came into operation last August, is as follows :-(Sect. 3) "If it appears to the court that a trustee, whether appointed under this Act or not, is or may be personally liable for any
breach of trust occurred before or after the passing of this Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve the trustee, either wholly or partly, from personal liability for the same.”
The pass lists just published by the Council of Legal Education show that the percentage of failures in the present lists is higher than has ever been since the examinations were introduced, no less than fifty-eight candidates, out of 108 who presented themselves, having failed to satisfy the examiners. That the test is one for which conscientious work is needed is as it should be, for hitherto all that was wanted was an epbemeral knowledge of a few elementary principles. But, in raising the standard of the examination, the need of satisfactory tuition should not be lost sight of, for unless students are enabled to master those principles which are so essential to the proper study the law, the mere increase of the tests will be insufficient.
The circumstance that the “ leakage” of Cabinet secrets has been recently much discussed in magazine articles and the columns of the Press may render it of interest to know that the necessity for the secrecy, which is held to be binding on all members of the Cabinet in their capacity of Privy Councillors, occasioned a very vehement correspondence between Lord Cairns (when Lord Chancellor) and the late
Sir FITZROY KELLY (when Lord Chief Baron of the instead of at the end. All modern Acts we can call to mind, Exchequer). The Lord Chief Baron had publicly announced except the Public Health Act 1875, have their interthe grounds of his dissent from a judgment to which he was pretation clauses at the end, and the tendency of modern formally held to be a party as a member of the Judicial legislation is to make interpretation clauses more and more Committee of the Privy Council, before which an ecclesiastical of importance. appeal had been brought. This violation of the secrecy alleged to be incumbent on all Privy Councillors in their What is a “public body," and what is a “public body judicial, as well as their consultative, capacity gave rise to a interested within the meaning of the Rules Publication controversy in which the Lord Chancellor (CAIRNS) took an Act 1893? That Act, after providing that notice of any active share adversely to the Lord Chief Baron, and was the proposal to make statutory rules within the meaning of the principal author of a new Order in Council re-enforcing the Act, including Rules of the Supreme Court, and notice of obligation of secrecy, which is known as the Order of the
the places where copies of the draft rules may be obtained 4th Feb. 1878. The Lord Chief Baron defended his action
is to be published in the London Gazette at least forty days in a letter to the Lord Chancellor, in which, relying on before the rules are made, enacts that any public body” precedents, he maintained that, if the stringent obligation of may obtain copies of the rules for not more than 3d. per secrecy is to be maintained in judicial matters, at least it folio, and that any public body interested may, during the must be supported on utilitarian grounds, and not by the forty days, make suggestions, which are to be taken into force of a practice which originated in the unconstitutional consideration by the authority making the rules. The period of CHARLES I. : (see "A Letter to the Lord High Act contains no definition of “public body,” but in 1889, Chancellor upon the late Order in Council of the 4th Feb. for the purposes of the Public Bodies Corrupt Practices 1878 by the Lord Chief Baron of the Exchequer,” 1878; Act, the expression was defined to mean any borough or see also Sheldon Amos's “ Fifty Years of the British Con- county council, and any board or other body having stitution," pp. 295-298).
power to act for the purposes of any Local Government
or Public Health Act, “or otherwise to administer rates REDEMPTION of the land tax is very fully and satisfactorily under any public general Act;" so that, shortly speaking, provided for by the recent Finance Act, which not only for the purposes of that Act a public body means a local substitutes the simple consideration of thirty years' purchase body which handles public local money. The expression in for the consideration previously existing (the amount of
the Rules Publication Act must at least include a public body which, depending as it did on the price of Consols at the as thus defined, and would probably also include such quasidate of the redemption, was very difficult to calculate, but public bodies as the Incorporated Law Society, which society would be usually equal to about thirty-four years' purchase), also would be a “public body interested.” The Bar Council but allows payment of the redemption money to be made by
would no doubt be treated as if it came within the term such annual instalments as may be agreed upon with the
public body interested,” but does not appear to have that Commissioners of Inland Revenue. Facilities for raising status as clearly as does the Incorporated Law Society, on the redemption money are also provided by allowing owners the ground of its powers in connection with the admission of to charge therewith, and enacting that the charge is to have
solicitors. The Inns of Court however would, on similar priority over all other charges and incumbrances, and that any grounds, come strictly within the term, as would the Medical money authorised to be invested in real security may be Council in cases where rules were made affecting the interests invested on any such charge. Moreover, powers are given to
of medical men. trustees and corporations to sell any of their land for the purpose of raising the redemption money. Trustees will probably hasten to avail themselves of these liberal provi
THE CALCUTTA JUDGESHIPS. sions, and the £800,000 worth of the tax still unredeemed CONSIDERABLE dissatisfaction has been excited amongst the out of the £2,000,000 originally imposed in 1797 may be Native Community in the Lower Provinces of Bengal by the expected to suffer considerable diminution within the next policy which has steadfastly been pursued by the Government few years. All persons interested in the land assessed to the
of India for the purpose of lowering the status of the High tax, except Crown tenants and tenants at rack rent,
Court. This policy has, unfortunately, been approved by the may
Secretary of State for India, advised by his Council, which conexercise these powers of redemption. Such is the effect of sect. 10 of the Land Tax Redemption Act 1802 as read with
sists for the most part of executive members, strongly imbued
with the feelings of the executive department in India. Ever sect. 35 of the Finance Act 1896.
since the early days of the old Supreme Court and the times of
Warren Hastings, there has existed a feeling of jealousy SINCE the passing of the Agricultural Holdings Act 1883 between the executive and judicial departments of the State. no statute has depended so much on its interpretation clause
The condition of things created by the vague language of “The as the Agricultural Rates Act 1896. The first section
Regulating Act,” and under which the Supreme Court was
enabled in the latter half of the last century to encroach on the directs that the occupier of agricultural land in England
powers of a high-handed Executive ceased, however, to exist shall be liable, in the case of every rate to which the Act
with that century; and the higher courts have since devoted applies, to pay, one-half only of the rate in the pound pay
their energies and abilities to building up a system of adminisable in respect of buildings and other hereditaments.
tration of justice which, at the present day, commands the Reference should at once be made to the interpretation confidence and respect of the native community more than any clause, from which it will be found that occupier" includes other of our institutions. Since the amalgamation of the owner where the owner is rated in place of the occupier—a Supreme and Sádr Courts into the existing High Court in 1861, to which the whole of the Poor Rate Assessment and the friction and other disadvantages of the double system Collection Act 1869 will have to be read through—and that
having ceased, there has been uninterrupted progress. No “ rate” and “ agricultural land” have definitions so long and
small credit for the satisfactory results which have been complicated that we forbear to quote them. The Act is,
achieved is due to those who have been Chief Justices and
Judges of the High Court since 1861, and have brought ability, fortunately, though important and difficult to construe, a
integrity, and unwearied patience and assiduity to duties which very short one, so that the reader, once put on his guard as
have had to be discharged in the plains throughout the hottest to the necessity for consulting the interpretation clause, will months. not have to travel very far to find it. But the serious
The executive element, which is too often prone to undervalue practical question of drafting arises whether all Acts should
the importance of judicial labours in the work of good governnot have their interpretation clauses placed at the beginning ment, has, however, made many attempts to interfere with an