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Kepaedy, agreeing with the view taken by the County Court judge, came to the conclusion tbat the workman's entrance into the place in question was merely an act done honestly in furtherance of the object which he was instructed to effect-i.e., drilling a hole ; while Lord Justice Buckley was equally convinced that the place was altogether outside the scope of the workman's employment. On Buob a doubtful question, it is not in the least surprising that this divergence of opinion should have occurred. Putting aside, as unnecessary to be considered, anv complication arising from the workman's perversity in ignoring official directions, all that had to be decided was whether the sphere of his employment was so limited and defined as to exclude the “top hole,' as it is styled. - The Sootch case of Conway v. Pumpherston Oil Company Limited (1911, 1 Scots Law Times, 440) was accepted by the Master of the Rolls and Lord Justice Kennedy as a guide to their decision, being treated as undistinguishable from the present oase Lord Justice Buckley, on the other hand, preferred to take Weighill v. South Heaton Coal Com. pany Limited (4 Butterworth's W. C. Č. 141)-& case decided by the Court of Appeal last March-as an authority more in point. Indeed, it seemed to his Lordship to be ideotical with Harding's case (ubi sup.); To compare, and attompt to reconcile, the ever-growing ma88 of seemingly con loting judicial decisions on the vital question as to what is, and what is not, an “accident arieing out of and in the course of the employment” of a workman is fast becoming a task beyond all human ingenuity. “ Confusion worse confounded,” it is, as each fresh “bead ” is added to the lengthy “ roll.” Relatively far simpler to be dealt with were the facts in the case of Rose v. Morrison and Mason Limited (noted ante, p. 148), which came before the Court of Appeal on the same day as Harding's case (ubi sup.) 988 argued. There the workman had, with inconceivable recklessness, as in Harding's case (ubi sup.), voluntarily entered a dangerous place. He stooped down and entered a hoist for a particular purpose of his own, and as it was in the course of being worked be was inevitably crushed to death. There was no ground for assuming that it was tbrough joedvertence that he got into the hoist, for although the accident happened at night time, the spot where the hoist was erected was amply illuminated. Furthermore, the fact that it was necessary for him to stoop to enter the boist preoluded any suggestion that he did so not perceiving where he was going. Under those ciroumstances none of the learned jndges of tho Court of Appeal felt any difficulty jo upholding the finding of the County Court jadge that the dependants of the workman were entitled to compensation. Oo do account could it be successfully maintained that the riek which the workmen had taken was one necrosary or reasonably incident to bis employment, so as to establish that the statutory requirement had been complied with.
in the summons was whether the dividends declared since the testator's death belonged to her as income, or whether they were apportionable under the Act, so that the whole dividend for the financial year ending the 1st Oct. 1905 and an apportioned part of the accruing dividend for the following year belonged to the testator's estate, and it was decided by the court that the articles did not amount to an express stipulation against apportionment, and that the dividends were therefore apportionable between the testator's estate and the widow. The question whether the whole dividend for the financial year ending the 31st Oct. 1905 formed part of the corpus of the estate is not expressly dealt with in the judgment as reported, but, as the whole of it accrued prior to the death of the testator, it is submitted that it was part of the capital of his estate, and therefore was not apportionable. Another question of not infrequent occurrence is whether the Act applies to an occasional payment by way of bonus or surplus profits, as, for instance, where the payments were made under the deed of settlement of a life assurance society providing for distribution of a bonus or surplus profits among its shareholders once in every five years, unless a special meeting of shareholders should otherwise direct. In Re Griffith; Carr v. Griffith (41 L. T. Rep. 540; 12 Ch. Div. 655) it was held that the Act applied in such a case. A question germane to this, but not strictly one of apportionment, is whether, as between tenant for life and remainderman, bonus dividends--that is, bonuses declared out of accumulated profits-are. to be treated as capital or income. The question depends on the power of the company to capitalise its profits, and on its exercise of that power. If the company has power either to distribute its profits as dividends or to convert them into capital, the decision of the company in accordance with its regulations is binding on everybody interested under the settlement : (see Bouch v. Sproule, 57 L. T. Rep. 345; 12 App. Cas. 385, where the bonus dividend was held to be capital). But if a company, having power before recommending a dividend to set aside out of profits a reserve fund for equalising dividends, &c., resolves to divide its accumulated profits as dividends, any dividends so allotted in respect of settled shares belong to the life tenant as income, even though described as
special bonus”: (see Re Alsbury, 63 L. T. Rep. 576; 45 Ch. Div. 237). The Act does not apply to the profits of a private trading partnership (see Jones v. Ogle, 28 L. T. Rep. 245; L. Rep. 8 Ch. 192), nor to the profits arising from a newspaper (Re Cor's Trusts, 9 Ch. Div. 159), as they are not dividends or periodical payments within the meaning of the Act. The Act applies to specific devises and bequests : (see Capron v. C'apron, 29 L. T. Rep. 826; L. Rep. 17 Eq. 288; and Pollock v. Pollock, 30 L. T. Rep. 779; L. Rep. 18 Eq. 329). But, of course, there would be no apportionment if the testator specifically bequeathed all the dividends of certain shares to a legatee, as in Jones v. Ogle (before cited). The question of apportionment sometimes arises upon a change of investment. Stock ought to be sold so as to make the time of accruer of the last dividend the starting point as nearly as practicable for the commencement of the interest on the new invest-ment. If, however, the stock is sold on an intermediate day between two dividends, although the price may be increased by the near approach of the dividend, it is no: the practice to pay to the tenant for life the estimated amount of the current dividend out of the proceeds : (see Scholefield v. Redfern, 8 L. T. Rep. 487: 2 Dr. & Sm. 173; and Re Sir Robert Peel's Settled Estates, 102 L. T. Rep. 67; (1910) 1 Ch. 389). In that case, upon the direction of a tenant for life, trustees for the purposes of the Settled Land Acts had invested capital moneys in their hands in the purchase of stocks on which at the date of purchase dividends had been earned and declared, but not paid, and it was held that the tenant for life was not entilled to such dividends. Mr. Justice Warrington in the course of his judgment said : “ Now there is here, of course, no question of apportionment. Treating the dividends as accruing de die in diem, the whole of the dividends had been earned and had accrued before the purchase in question." And after referring to the cases of Bulkcley v. Stephens (hereinafter mentioned), Schole field v. Redfern (before cited), and Friman : Whitbread (13 L. T. Rep. 550 ; L. Rep. 1 Eq. 266), he said : All those cases have to do with the purchase or sale, as the case may be, during a half year--that is to say, during a dividend-earning period; and I think it appears from the judgment in Schole field v. Redfern, which is referred to at some length by Mr. Justice Stirling in Bulkeley v. Stephens, that the reason why the court has in the case of a purchase under those circumstances declined to apportion the dividend as against the tenant for life, and has in the case of a sale declined to apportion the dividend in favour of the tenant for life, has always been the difficulty there is under such circumstances in arriving at the true sum-that is, at that part of the purchase money-which is to be treated as representing the dividend for that purpose.
In this case
no such difficulty arises. dividends have been earned at the time of this contract, and the real state of things is simple. For convenience, the vendor is to receive the dividend so earned, but he has to pay it over again to the purchaser. The purchaser, in fact, pays to the vendor the amount of such dividend ; the vendor holds that in his hands until he receives the dividend, and then he pays the dividend to the purchaser. In that case, where the dividends, as here, have bee!! entirely earned before the investment was made by the trustees, it seems to me that the dividends form part of the capital.”. In Bulkeley v. Stephens (74 L. T. Rep. 409; (1896) 2 Ch. 241) the facts were shortly as follows : Certain Poyal Exchange Assurance Corporation Stock, forining part of a testator's residu ary estate,
A few words about the apportionment of dividends and income as between tenant for life and remainderman, and otherwise, may not be out of place. A point which perhaps is not generally understood is that in apportioning, dividends on shares it is important to ascertain the data up to which the dividend is declared, which is generally a few weeks before it is declared. The Apportionment Act 1870, s. 2, provided that after the passing of that Act all rents, annuities, dividends, and other periodical payments in the nature of income should, like interest on money lent, be considered as accruing from day to day, and be apportionable in respect of time accordingly, and by sect. 5 the word dividends" is to include all payments made by the name of dividend, bonus, or otherwise out of the revenue of trading or other public companies divisible between all or any of the members of such companies, whether usually declared at any fixed times or otherwise, and all such divisible revenue is for the purpose of the Act to be deemed to have accrued by equal daily increment during and within the period for or in respect of which the payment of the same revenue shall be declared or expressed to be made." But the word “ dividend”, is not to include payments in the nature of a return or reimbursement of capital. Every company registered under the Companies Act 1862 is a company within the meaning of the term in the Apportionment Act : (Re Lysaght; Lysaght v. Lysaght, 77 L. T. Rep. 637; (1898) 1 Ch. 115). This being so, if a dividend be declared after the death of the testator for a period ending in his lifetime, it is submitted that the tenant for life would not be entitled to any part of such dividend. The point arose incidentally and presumably was decided in Re Oppenheimer; Oppenheimer v. Boatman (96 L. T. Rep. 631 ; (1907) 1 Ch. 391). There a testator bequeathed shares in a limited company to his trustees upon trust to pay “the income arising therefrom to his wife for life. He died on the 4th Jan. 1906. Some time after his death a dividend for the financial year ending the 31st Oct. 1905 was declared ; an interim dividend for the next financial year had been declared, but the full dividend was not yet declared. The company's articles provided in effect that every dividend should be deemed to accrue and fall due upon the day on which it was declared, and not before, and should belong and be paid to those members who should be on the register at the date when such dividend was declared. The main question for decision was whether the articles did not amount to an express stipulation against apportionment within sect. 7 of the said Act, which provides that it is not to extend to any case in which it is expressly stipulated that no apportionment shall take place. The form of the question
was limited by his will upon trust for his wife for life, and aiter her death “to pay, transfer, and assign my residuary estate, and the stocks, funds, and securities upon which the same shall be invested, unto and amongst certain beneficiaries. After the death of the tenant for life the said stock was sold "rum dir." under an order of the court for the purpose of distribution. After the sale a dividend was declared and received by the purchaser in respect of profits, a portion of which had been earned prior to the death of the tenant for life. It was held, that the estate of the tenant for life was not entitled, under the Apportionment Act 1870, to be paid out of the purchase money of the stock anything in respect of the dividend; but, inasmuch as if the trust had been strictly carried out in accordance with the terms of the will, by transferring the investments to the beneficiaries, the representatives of the tenant for life would havo been in a position, either directly or through the trustees, to obtain payment of an apportioned part of the dividend, their claim ought under the special circumstances of the case to be acceded to. The decision seems to have turned almost entirely on the fact that the order to sell the stock was made in the absence of the legal personal representatives of the tenant for life. If such personal representatives had been present, they might have urged with success that the tenant for life's estate ought not to be placed in a worse position than if the trust had been carried out in the strict and proper mode--namely, by transfer to the legatees. The latest decision on the Act appears to be that of He l'ord; Myers v. Molesworth (104 L. T. Rep. 245; (1911) 1 Ch. 455), where the facts were shortly as follows: M. F., who was tenant for life of the P. and T. Settled Estates, by her will bequeathed to the person next entitled to the freehold of the P. and T. Estates "all arrears of rent in respect of the same estates which shall then be due to me." The testatrix died on the 4th March 1910. The rents belonging to the estate were payable quarterly, according to the tenancy agreements, on the usual quarter days, but were collected half-yearly at Michaelmas and Lady Day. Held, by Mr. Justice Swinien Eady, that the bequest included not only all arrears due at the preceding Michaelmas and umpaid, but the rents due at Christmas and the apportioned part accrued from Christmas to the death. In other words, that the language which the testatrix had used was wide enough to include, and did include, all rent up to the death as apportioned under the Act.
The Midsummer Quarter Sessions for cases arising in the county Os Middleser will commence on Satarday next, at the Caxton Hall, Westminster, at ten o'clock.
Lord De Villiers, Chief Justice of South Africa, has left Capo Town for England.
Mr. Paul Taylor was upable to take his seat in court at the Marl. borough-street Police-court last. Monday owing to a severe attack of gout. Mr. Plowden presided in court in his place. JMr. George Walker, of Spiloby, Linos, solicitor, who died on tho 1st March 1910, left estate of the grore value of £37, 106 10. 2d., of which the net personalty has been sworn at £3746 153. 3d.
Sir Charles Moss, Chief Justice of the Supreme Court of Judicature, Ontario, is acting as Lieutenant-Governor of the Province during the absence on leave of Colonel J. M. Gibson.
Mr. Alfred.Leighton Sager, of Yew Tree House, Westfield, Susses, solicitor, who died on the 6th Marcb, lest estate valued at £89,018 gross, with net personalty £60,493.
At the meeting of the International Women's Suffrage Congress on the 15th ingt. a resolution was passed, on the proposal of Dr. Shaw (America), expressing sympathy with the arbitration movement. la regard to the suggestion for co-operation with Socialist women's organisations, the congress decided in favour of common action with all women's unions.
The judges (Mr. Justice Ridley and Mr. Jostice Bucknill), on tho bearing of the North West Ham eleotion petition, having unseated Mr. C. F. G. Masterman, the returned member, there will consequently be another election for tbat division. It is uoderstood that Mr. E. E. Wild, the well-known member of the South-Eastern Circuit, who contested the seat at the last (leotion, will again offer himself as a candidate,
Mr. James Ian Maopherson, the new member for Ross aod Cromarty, is a barrister. He was called by the Middle Temple in 1906 and goes the Eastera Circuit. He is á dative of loverbess-ebire, and was educated at Edinburgh University. He had previously contested Wigtowosbire and East Renfrewshire, and is one of the ableet speakers among the Young Liberals.
The summer meeting of the London Solicitors' Golfing Society was held on the links of the Manor Club on the 17th in•t. Mr. Gibson's Cup for the best pet soore for eighteed holes was won by Mr. Arthur J. Lamb, with 83 - 10= 73. Mr. Haslam's prize for players with bandicaps of between 11 and 18 was won by Mr. J. B. Purobase, with 88- 12 = 76. The prize for the best nine holes was won by Mr. C. J. Fox, with 40-3) = 36}.
The Treasurer (Mr. Edward Clayton, K.C.) and the Mesters of the Bench of Gray’s.ino entertained the following guests at dinner on tho 15th inst., on the occasion of the Grand Day of Trioity Term : Lord Barnard, Lord Strathcona, Mr. Justice Parker, the Speaker of the Union Parliament of South Africa (the Hon. J. T. Molteno, K.C.), the Bâtonnier of the Bar of the Court of Appeal of Paris (M. Busson Billault), Sir John Quick, Sir James Dewar, the Pripoipal of London University (Dr. H. A. Miers), the President of the Law Society (Mr. H. J. Johnson). the President of the Royal Collego of Surgeons (Mr. Henry T. Butlin). the Vice-Master of Trinity College, Cambridge (Mr. W. Aldis Wright). Mr. 8. O. Buckmaster, K°C., Mr. D. Stewart-Smith, K.C., and Mr. John Murray. The Benchers present in addition to the Treasurer were : Mr. Henry Griffith, Sir Arthur Collins, K.C., Mr. C. A. Rugvell, K.C., Mr. Justice Lusb, Mr. T. Terrell, K.C., Mr. W. J. R. Pochio, Mr. Arthur Gill, Mr. Vesey Knox, K.C., Mr. W. P. Byrne, C.B., Mr. J. W. McCarthy, Mr. Montagu Sharpe, Mr. George Rhides, K.C., with the Preacher (ihe Rev. R. J. Fletcher, D.D).
The death of Mr. Hyacinth Plunkett, K.C., the Father of the Irish Bar, bas raised the question as to his successor in that honourablo position. The Father of the Bar has generally come to be regarded not as the member of the Bar whose call to the Outer Bar is of a date earlier than other living barristers, but as the member of the Bar who is still actively practising at his Profession and is senior to all others so engaged in respect to his call to the Outer Bar. Mr. Plookett, who was recogoised as Father of the Bar, at which bo practised till the last, was junior by seven years in his call to the Duter Bar to Mr. William Irvine, K.C., who was called to the Bar in 1846, but bas long since retired from practice. It seems that Mr. Stephen Ronan, K.C., the King's Advocato. General in Ireland, who was called to the Outer Bar in that country in Michaelmas Term 1870 and is in leading practice both on the Common Law and Equity sides, is now the Father of the Irish Bar. Mr. Ronan bas broken tbe rocord in being the first Father of the Irish Bar who is a King's Counsel pot only in Ireland, but in England. He has been a member of the loner Bar in Ireland since 1889. He was called to the English Bar in 1888 at the loner Temple, and took silk in this country in 1909. He bas appeared in the English courts, both in stuff and in eilk, in cases in which bis knowledge of the laws affecting the registry of title in Ireland has rendered his ad vocacy. from his exceptional knowledge and experience in these subjects, of very special value. Mr. Ronan bas, strange to say, appeared in silk in the Royal Courts of Justice in this country twenty years before be was called to the Inner Bar in England. He was in 1888-9 one of the counsel for the Times before the Parnell Commission. He came back to Dublin to be called withia the Bar in 1889, and on big appearance before the commission in silk-the members of the English and the Irish Bars having similar status in respect to their calls before that tribunal -- was warmly congratulated by its members.
In the House of Lords the following causes will be taken on Monday dext at 10.45: Moss Steamship Company Limited 4. Whinney (consideration); Pott, Cassels, and Williamson and others v. Watson Laidlaw and Co. Limited (consideration), aod John D. Hope and Co. and another v. Glendinning (coneideration).
Admiraity_appeals (with a99e890rs) will be contioned in Appeai Court I. on Tuesday next.
Mr. Justice Warriogtono (sitting as an additional judge of the King's Bench Division) will take non-jury cases on the following daye : 27th aod 28th June, 4th, 5th, 6th, 11th, 12tb, and 13th July. All applications in the non-jury list must be made in this court.
Mr. Justice Neville (sitting as an additirpal judge of the King's Bench Division) will take the case of Matthews v. Stanley (non-jury) on Wednesday next at 10.15.
The courts of the King's Bench Division will be closed on Thursday, the 29th June.
Io the Railway and Canal Commission Court, judgment will be delivered in Weaver and Co. Limited v. Great Western Railway Com. pany on Tuesday, the 27th inst., at 10.30 o'olock.
Mr. Justice Avory having finished the business at Chelmsford, on the Soutb-Eastern Cirouit, last Monday returned to town and took his seat in court on the following day, proceeding with the common jury list. He will now remain in London until the end of the present eittings.
On Tuesday last Mr. Justice Lnob opened the commission at Appleby, on the Northern Circuit. He will go the circuit alɔne uotit Liverpool is reacbed on Saturday next, the 18t prox., when he will be joined by Mr. Justice Horridge.
Mr. Justice Phillimore leaves London to-day (Saturday) for Hertford, on the second part of the South-Eastern Circuit, and will open the commission on Monday next.
Mr. Justice Grantham and Mr. Justico Scrutton will leave London on Monday next for Newcastle, on the North-Eastern Circuit, and will open the commission on the following day.
On Saturday next Mr. Justice Horridge will leave London for Liverpool, on the Northern Circuit, to join Mr. Justice Lush, and will open the commission on the following Monday, the 3rd prox.
; The Jane Sessions at the Central Criminal Court will commence on Tuesday next at 10.30. Mr. Justice Ridley, Mr. Justice Chagnell, and Mr. Justice A. T. Lawrence are on the rota to attend, but it is understood that Mr. Justice Darling will be the presiding judge.
The June adjourned general session for cages arising on the north and south sides of the Thames will commence on Tuesday next, at abe Sessions-Souge, Newingtoo, at 10.30.
men wbo were most suitable for the purpose. - The Lord Chiet Justice gave tbe toast of The Profeesion of the Law.”—The Attorney. General, in reply, said that the reputation of His Majesty's judges did not depend on laudatory phrases employed with regard to them. It was grounded on the justice with which they administered the law, and might he add that their reputation would suffer, indeed it would never have been as great as it. WAß, were it not for the fact that they themselves invited full, free, and frank criticism. The Beach Dever could be above criticism, and never ougbt to be above it. The moment that the Benob resented criticism, the Bench would have lost a great part of its bold over the minds and the sentiments of the people. So long as criticism was administered in the right spirit, without, of course, imputing any personal motives, so long would His Majesty's judges welcome it ; and so long as they did welcome it they would continue to hold the high position which they had attained among the community of this country.-The President of the Law Society also responded to the toast.
The fire in the Temple on the 10th inst. will recall the fact that it has been subjected on many occasions to the visitations of the fire fiend. The Temple suffered severely in the Great Fire of Sept 1666, while still more serious injuries were inflicted on it by fire in 1678. It has, moreover, been the scene of many other disastrous free, potably those of 1677, 1678, 1683, 1704, 1736, and 1838. In the lastmentioned fire the chambers in Paper buildings of Sir Jobn (Lord Chancellor) Campbell and Mr. (Justice) Maule destroyed Several memorials offres are to be seen in the Temple. A stope tablet on 4, King's Bepcb.walk_commemorates the fire of_1677 :
Conflagratam Ano 1677. Fabricatam Apo 1678. Ricardo Powell, Armiger Thesaurar." In Pump-court there is the following inscription in reference to the fire of 1678: “ Vetustissima Templariorum Portiou Igne consumpta, Ano 1678. Nove bæc sumptibus medij Templi extructa. Ano 1681. Guielmo Wbitelocke, Arm. Thesauro." The sundial in Brick-court is the successor of an older one which perished in the fire of 1704, which is commemorated by the following inscription : "Phænicie instur revivieco. Martino Ryder, Thesaurio, 1704.” It was only by a free use of gunpowder uoder the direction of the Duke of York and a timely dropping of the wind that the Temple was saved from complete destruction in 1666, wbile in 1678 ‘the Church and the remaining buildings to the east were only saved from destruotion by blowing up the intervening houses. Mr. H. H. L. Belloo, in his well-known work The loner and Middle Temple, which is treasure-house of information in reference to the history and associations of the Temple which are dear to every Templar's heart, tells the following anecdote in reference to the fire of 1678, in which the ludicrous is stroogly blended with the tragic. In 1668 the City claimed jurisdiction the Temple, and the Lord Mayor, being invited to the Reader's Feast in the loner Temple Hall, came endea rouring. to carry
This produced very serious disturbance, and the Lord Mayor,
baviog taken refuge in
tbe chambers of barrister, at length escaped out of the Temple. “ But," writes Mr. Belloc, “altbough the lawyers had so far the best of it, the dispute was to cost them dear afterwarde. lo 1678 a fire broke out in the chambers of one Thornbury, in Pump.court, and was far more disastrous even than the Great Fire. Breaking out at midnight, it continued till noon next day, destroyiog the whole of Pamp.court, Elm.court, Vine.court, the greater part of Hare-court and Brick.court across the lane, the Cloisters and part of the Inner Temple Hall. The Thames was frozen and the water supply stopped by the 'frost, so that the engines had to be fed with beer from the Temple cellare, wbich was soon exhausted.
During the fire sic William Turner, Lord Mayor, arrived with assistance, but could not lose bo good an opportunity of asserting the City's claim by endeavouring. to have his sword borde up before him. Distracted as the lawyers were, they would have none of it, and, beating it down, the Lord Mayor departed in wrath and wreaked bis vengeance by turning back a fire engine on its way from the City, and then soothed bis outraged dignity by getting right royally drunk at & neighbouring tavern (Belloc's Inner and Middle Temple, pp. 324.325); Mr. Belloc relates the following anecdote in connection with the fire at Paper-buildings in 1838 : “ Two new buildinge, said by temporary writers to be 'very elegant,' were added in 1830 to the south-east wing. At the time of their destruction by fire in 1838, Jobo Campbell, afterwards the famous Lord Chancellor, and Sir John Maule were inmates. In fact, the story goes that the latter before retiring to rest, after a convivial eveniog, carefully placod bis lighted candle under his bed. At any rate, the fire broke out in Maule's room; but perhaps it would be more charitable to accept Campbell's version that . be had gone to bed, leaving a candle burning, by his bedeide '”: (Belloc's loper and Middle Temple, p. 70).
The Trrasurer and Masters of the Bench of the Middle Temple entertained the followiog guests at dinner on the 15th inst., on the occasion of the Grand Day of Trinity Term : The Lord Chancellor, the Duke of Devonshire, the Rev. Marquis of Normanby, Lord Montaga of Beaulieu, Lord Aldenham, Lord Alverstone, Mr. Justice Bray, Sir Francis Maclean, Sir Douglas Straight, Sir J. T. Woodhouse, the Master of the Temple, the Archdeacon of London, the Governor of the Bank of England, and the Uoder Treasurer. The Masters of the Bench present were: The Treasurer (Mr. H. D. Greene, K.C.), Lord Mersey of Toxteth, Lord Justice Fletcher Moulton, Mr. Balfour Browng. K.C., Mr. Francis Williams, K.C., Mr. English Harrison, K.C., Mr. MoCall, K.C., Mr. Muir Mackenzie, Mr. Erskine Pollock, K.C., Mr. C. C. Scott, K.C., Mr. Abel Thomas, K.C., M.P., Mr. Brogden, Mr. Astbury, K.C, Mr. Maomorran, KC., Mr. Strachan, K.C., Mr. Torrell, K.C., M.P., Chancellor Scott Fox, K.C., Sir Rusus Isaace, K.C, M.P., Mr. Gill, K.C., Mr. Home-Williams, K.C., M.P., Mr. Lindsay, KC., Mr. Aspinall,
K C., Mr. Laing, K.C., Mr. Hamilton, KC.. Mr. Ingpen, K.C., Mr. Glyn, K.C., Sir Š. T. Evane, Mr. Muir, and Sir F. Low, K.C., M.P
MM. Engerand and Lapjel bave introduced into the Frenob Chamber
Bill described by the Paris Press as having for its object the protection de la maternité. That some such measure is needed, all wbo read the foreign news in the daily newepapers are aware, but the statistics of mortality among the newly born given by a Paris contemporary are nothing less than appalling. In Paris, we read, of every thousand children of less than a year in age, 154 die in the better quarters, and among the poor the number is given as 277, or almost double. In certain towns of the Nord Department, notably at SaintPol sur-Mer, the mortality among ipfants reacbe8 to 509 per 1000. No doubt many factors bave to be taken into consideration-heredity, for instance—but heredity does not stand incriminated alone. Many infants bord weakly would live if they received proper pourishmeni, or if they were not deprived of a mother's care. Moved by the ravages among the infants of the poorer classes, owing to artificial alimentation, MM. Eogerand and Laniel kave drafted the principal alanse of their measure to enact that all women (motbers of children in arms) employed in business or factories must be allowed to return to their bomes for one hour daily during the time of their employment, pour al’ailer leurs enfants. The Bill, we are informed, will doubtless become law.
Lord Alverstone, who presided at the complimentary dinner to Mr. J. A. Fuller-Maitland, the late musical critic of the Times (Bee ante, p. 145), po88e89e8 a fine voice, and was for many years a surpliced member of the choir of Kensington Parish Church. The associations of the Judioial Bench with the Church have been of the strongest. Time was when the Lord Chancellor was all but invariably an eccle. siastio, and since the Reformation the Great Seal has been held, both in England and Ireland, by ecolesiastics. A eurpliced Attorney. General is scarcely stranger than a preaching Lord Chancellor, a capacity which was undoubtedly filled by Earl Cairns. In recent times two gentlemen who attained to a considerable position in the profension of the Bar—the late Right Hon. Bir William Marriott, Q.C., MP., who was Judge-Advocate-General, and His Honour the loté Judge Bowen Rowlands, Q.C.-had been in early life clergymen of the Established Church. If Lord Alverstone has sung in a church choir, robed in a surplice, the late Lord Grimthorpe, better known as Sir; Edmund Beckett, Q.C., the famous leader of the Parliamentary Bar, was wont to read the lessons at Divide service in Bath Abbey, robed in a surplice ; and the Right Hon. Richard Cherry, one of the Lords Justices of the High Court of Appeal in Ireland, is constant in bis attendance at the services in St. Patrick's Cathedral, Dublin, as a bellringer.
The Lord Mayor and the Lady Mayoress gave a dinner at the Mansion House on Monday to meet His Majesty's judges.” Among those present were tbe Lord Chancellor, the Lord Chief Justice, the Master of the Rolle, the President of the Probate, Divorce, and Admiralty Division, Lord Jusiice Vaughan Williams, Lord Justice Fletcher Moulton, Lord Justice Kennedy, Lord Justice Farwell, Lord Justice Buckley, Lord Robson, Lord Sh3w, Lord Gorell, Lord Mersey, Mr. Justice Phillimore, tho Soyd Ameer Ali, Mr. Justice_Grantham, Mr. Justice Sorutton, Mr. Justice Horridge, Mr. Justice Eve, Mr. Justice A. T. Lawrence, Mr. Justice Neville, Mr. Justice Warrington, Mr. Justice Joyce, Mr. Justice Swipfen Eady, Mr. Justice Bray, Mr. Justice Parker, Mr. Justice Hamilton, the Lord Advocate, the Attorney-General, the Attorney-General for Ireland, the President of the Law Society, Sir George Lowis, Mr. R. Wallace, K.C., the City Solicitor (Sir Homewood Crawford), Sir William Soulsby, and a large number of other repreBentatives of the English and Colonial Bar. - The Lord Mayor, in proposing “His Majesty's Judges," said that they all felt absolute confidence in the impartiality and independence of the Bench. The citizens of London bad followed with the keepest interest and great admiration' the care which the Lord Chancellor had been taking in sopervising tho appointment of justices, and be would say, on behalf of all present, that they did not regard great partisanship in politics as a peculiar qualification for the judicial administration of the law. The Lord Chanoellor, in reply, said that it had long been his opinion tbat the method and spirit in which Britisb justice was administered throughout the British Empire was one of its mainstays and one of those features of our role wbich most maintained the permanence of His Majesty's dominione. Ho thaoked the Lord Mayor for what he had said about himself. It would be regarded one day or other, be believed, not only as true, but a truism, that if we wished to have justice admioistered we ought to select
HANDWRITING EXPERT.--Mr. D. Blackburn, late ex pert to the Vata) Criminal Investigation Department, joint author of The Detection of Forgery.” (Layton's, Farringdon-strett). Address 2, Carlton-mansions, Coldharbour-lane, S.W.-[ADVT.]
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THE LAW TIMES.
June 24, 1911.)
30 tbe bich Pro
NOTES OF RECENT DECISIONS NOT
OUR LITERARY COLUMN.
KEEPER OF THE MIDDLE TEMPLE LIBRARY.
In addition to bequeathing his library to the Masters of the Bench
of the Middle Temple, Robert Ashley left a sum of money to provide
notice in the Dictionary of National Biography. In the reissue it is unexplained manner, and was drowned. Held, that the accident stated that he was the third son of George Manley, of Lache, Cheshire, was not ope arigiog out of his employment within the meaning of
but the entry of his admission to the Middle Temple, the 6th Feb. 'the Workmen's Compensation Act 1906, and that the shipownerg
1655. shows that he was "Eon and heir apparent of Thomas Mapley were not liable to pay compensation to his dependants. Judgment of Westminster.” George, it appears from a letter dated the of the Court of Appeal (102 L. T. Rep. 204 ; (1910) 1 K. B. 772)
11th July 1646. calendared in the domestic series of State Papers, iffirmed.
was brother of Thomas, sen., who wos Clerk of the Kitchen to
had made some attempts authorship. In 1649 was pub-
lished “Temporis Angustiae; Stollen Hours Recreations. Being
Meditations titted according to the Variety of Objecte.” The
title-page confirms the statement as to the Christian name of bis
father by describing him as “ Thomas Mapley, jun.," and gives any of the conditions of this cbarter-party shall be adjusted at the
evidence as to the date of his birth in the additional information, rort where it occurs, and the same shall be settled by arbitration."
gent and student, Anno Aetatis 21"." The little volume consists of A bill of lading was given to the ebipper which provided : “ He or
8 mi.religious moralisings, and was followed in 1652 by "The Affiction hey paying freight for the said goode with other conditions as
and Deliverance of the Saints : or the whole booke of Job onmoneed fer charter"; and in the margin was written, “ Deck load at
iato English Heroicall Verse Metaphrastically." of which the dedicati in hipper's risk, and all other terms and conditions and exceptions of
to Mr. Thomas Challoner, M.P., was dated from Westminster. Hoping, charter to be as per charter-party, including negligence clause.”
perhaps, to be on the winniog side in the conflict with the Crown, Manley The shipowners i baving ưued the bill of lading holders for demur.
translated a poem by Payne Fisher with the title “Veni, Vidi, Vici: The
Triumphs of the most excellent and Illustrious Oliver Cromwell, &c.,
set forth in a Panegyricke. Written originally in Latine, and faithfully
done into English Heroicall Verge,” wbioh was also published in 1632.
Manley's appointment as library keeper was made by an order of
the Parliament of the log on the 25th May 1655. He was to receive
£20 a year and a chamber, and “ to attend from 9 a.m. to Il a.m. and 'une 16.-Counsel : Leslie Scott, K.C. and Holman Gregory, K.C. ;
from 3 p.m. to 6 p.m. in summer, and from 8 a.m. to 11 a.m. and Bailhache, K.C. and A. Parsons. Solicitors : Botterell and Roche,
from 2 p.m. to 5 p.m. in winter.” He was also required to give Tor J. D. Rawlings, Swansea; Downing. Handcock, Middleton, and
security for safekeeping the books and discharge of his truet. Lewis, for Downing and Handcock, Cardiff.]
Manley does not appear to have been attentive to his duties,
the 31st Oct. 1656 the Benchers admonished him to
attend “or to be displaced.” Probably matters improved for a HIGH COURT OF JUSTICE.-KING'S BENCH DIVISION.
time, but on the 21st May 1658 tbe Benchers requested
for any shares in the comppy or Royalist cause. It may be thought that anxiety to obtain the Royal
and if the amount or rate per cent. of Duke of Gloucester and Mary Princess of Orange, deceased : late
ia Blatement in the prescribed Qualities ard fitting Endowments for such a Weighty Employment. In
statement in lieu of a moro special mapper than hath ever been heretofore publiebed by
for any shares of “Secondly, that wit must be refined by education.
Held, that the decision of the tbat he have a voluble and free tongue to uiter and declare his
Held, also, that, even if the section did not apply, the pay. vears before at least been of some of the Inos of Court or
(Dominion of Canada General Trading and Investment Syndicate Roll for that purpose, to be kept in the Petty Bag Office in Chancery,
The greater portion of the quaint little volume of a few more than 100 pages is ocoupied with bints as to practice.
In 1665 was published Manley's tranglation of Grotius, De Rebus Belgicis, and in 1669 bis pamphlet written agaiost Sir Thomas Culpepper's views on ugury, followed in the next year by a continuation of Trotman's abridgment of Coke's Reports.
The library of the Honourable Society of Gray's-inn possesses a volume by Manley which is not in the British Museum. It contaics a collection of forms under the title “The Clerk's Guide, Leading into Three Parts-viz: (1) Of Indentures, Leases, &o. (2) Letters of Attorney, Warrants of Attorney, Mortgages, Licences, Charter Parties, &c. (3) Bills, Answers, Replications, Rojoynders in Chancery, &c., under which are comprehended the most usual_forms of Clerkship. To which is added, Fourth Part of Fines, Recoveries, Statutes, Rocogaisances, Judgments, &o., Distresses, and Ropleving. Illustrated with Cases, and the Statutes Relating to the same.
... In the same year, 1672, Manley completed a new edition of Cowell's "Interpreter, contaiping the genuine Significations of_such obscure words and terms used either in the Common or Statute Lawes of this Realm.” It is clear, therefore, that, although negligent as a librarian, he had acquired some power of application as a legal writer.
On the 28th Sept. 1672 Charles II. addressed to Sir Francis North, Solicitor General, Treasurer of the Middle Temple, and the rest of the Masters of the Bench a letter respecting “our well belo red subject Thomas Manley
to the intent he may be the more encouraged and enabled to prosecute the effect and purpose of his learning: we have thought fit by these our letters to require you that imme. diately upon sight horeof you cause the said Thomas Manley to be admitted to the degree of a Barrister and qualify him to praotice as a Councellor at law without the ceremongs and formality tbereto accustomed. We will not doubt of gi ready compliance with our pleasure in this behalfe, which we shall take in very good part. And 80 wo bid you farowell.”. Accordingly on the following 24th Jan. • Mr. T. Manley is called to the degree of the Utter Bar ex gratia, paying his arrears.' The effect and purport of this letter appears to be entirely misunderstood in the reinsde of the Diotionary of National Biography, where it is stated that he was made a Kiog's Counsel.
Manley contributed to Wentworth's Office and Duty of an Executor, published in 1676, an appendix "Wherein are contained the Natures of Testaments, Exeoutors, Legataries general, and divers other material things relating to the same; Briefly methodyzed for the use of all Persons concerned," and to him is also asoribed "& discouree shewing that the exportation of Wooll is destruotive to this kingdom," published in the next year. If the ascription of the authorship of the latter is correct, the publication was posthumoue, as on the 211h Nov. 1676 tbe Parliament of tho Middle Temple made an order : "T. Manloy's widow shall have £5 given her.” The statement added in the reissue of the Diotionary of National Biography that he died in 1690 must apply to another Thomas Manley, and not to the one who was Keeper of the Library of the Middle Temple.
C. E. A. B.
Mr. H. Clemson's handbook on Methods and Machinery of Business (Butterworth) has been revised in the second edition in accordance with amendments of the Acts relating to stamp duties. In a new chapter on Consols the author reviews the causes of fluctuation and the suggestions recently made for raising the price.
Messrs. Mead and Bɔdkin have prepared a third edition of their little handbook on The Criminal Law Amendment Act 1885 (Butterworth) embodying recent decisions of statute law. They have been assisted in the work of revision by Mr. H. D Roome:
As a standard text-book, Best on Evidence (Sweet and Maxwell) has occupied since it first appeared in 1849 an eminent position which Mr. Sidney L. Phipson's eleventh edition worthily maintains. The extensive changes brought about by recent legislation have been duly incorporated, and cases and statutes to March last are included. In the compilation of a very complete Digest of the Canadian Law of Evidence Mr. Phipson has been assisted by Mr. E. C. Robinson, M.A., LL.B., and by his clerk, Mr. D. R. O. Nicol, in preparing the tables of cases and statutes and revising proofs. We are glad to note that the index has been enlarged.
A Dictionary of Banking : a Concise Encyclopædia of Banking Law and Practice, by William Thomson, bank inspector (Sic Isaac Pitman and Son Limited), comprises in a single volume a large amount of information which the inquirer bas hitherto been obliged to seek in several different works, and no doubt it will take its place as one of tbe most useful books of reference for the student, as well as for those who have more practical experience. It emanates from a gentleman who is thoroughly acquainted with the subjeot, and, with few exceptions, may be relied on as being acourate in theory and practice. No doubt a future edition will afford the opportunity for revision in one or two instances. With all deference to the author, wooapoot agree that in practical banking the phrase Sans compte de retour is adequately explained. On the preceding page we find the vexed question of "safe dustody" dealt with, and venture to think that the author might bave made more pointed reference to the disinclination of many bankers to acknowledgo responsibility for safe custody in relation to securities held on behalf of their clients. The term is often used in a rough-and-ready manner to distioguish between securities deposited with bankers as a matter of convenience from those pledged against advances, but the student of banking, to whom this book largely appeals, must be prepared to find bankers declining to accept this domestic use of the phrase as indicatiog their attitude to securities left in their charge. The book is carefully compiled, and certajoly supplies a means of immediate reference on most points likely to oocur in the practical working of a bank. As such it is well worth its place in the bank parlour. Two trifling typographizal errors • Ceptisimi, on p. 106, and
* Herbert Hart," on p. 175.
The American Law Review for May-June contains: Chief Justice White, by Richard Henry Jesse ; Four Uniform Commerojal Acts, by George Wbitelock ; D lays and Reversals on Technical Grounds in Civil and Criminal Trials, by E. J. McDermott; When does a Case " arise" under Federal Laws: by Charles A. Willard ; and the Constitutionality of the Federal Parole Law, by A. K. McNamara.
The Green Bag for June contains articles on : The Standard Oil Decision, by the Editor ; Effective Government, by Hon. George W. Wickersbam; the Trial of Leisler for High Treason, by Arthur Wakeling; the Act Codifying the Laws Relatiog to the Federal Judiciary; the Commission on Uniform State Laws; and Ancient Criminal Punishment in Korea, by Maurice E. Allen.
The Harvard Law Review for Jane contains : The Scope and Purpose of Sociological Jurisprudence-I. Schools of Jurisprudence and Methods of Jurisprudence, by Roscoe Pound;
Unrecorded Conditional Sales in Bankruptoy, by Samuel Williston ; 'state Control of Publio Utilities ; and the Source of Authority to Engage in Interstate Commeroe, by Frederick H. Cooke.
Legislature and Judiciary. By the Right Hon. Lord Shaw Of
DUNFERMLINE, LL.D., K.C. University of London Press. This is a reprint of his Lordship's address when opening a course of Jurisprudence last November at University College, when Viscount (then Mr.) Haldane was in the chair and delivered a rotable speech which, unfortunately, was not recorded. There are many who will be glad to have a copy of this learned and interesting address.
Questions and Answers on Civil Procedure and Evidence. By
J. A. SHEARWOOD, Barrister-at-law. Butterworth. Tue aim of this little work is to show the trend of cxamination questions on these subjects so as to give students some guide as to what needs most attention. Questions are selected from papers set in the various law examinations during the last ten years and are grouped under appropriate headings.
NEW EDITIONS. No large treatise has achieved a greater success of late years than Palmer's Company Law (Stevens and Sons), which now enters on its eighth edition. First published in 1898, it is now known and valued, like the author's Company Precedents, not only throughout Great Britain, but also in America and the colonies. The great feature of the book is the careful reference to decisions in order to show clearly how the Companies (Consolidation) Act 1908 has been interpreted by the courts and its provisions supplemented by the rules of law and equity. The present edition incorporates the latest cases and so orings the work fully up to date. Mr. Edward Manson hag assisted in its preparation.
BOOKS RECEIVED. Smith on International Law. Fourth Edition. J. M. Dent and Sous Limited, Bedford-street, W.C. Price 78. 6d. Det.
Row': All India Digest 1836 1910: Section 1, Criminal. Two vols. Stevens and Sons Limited, 119 and 120, Chancery.lane. Price 303. net.
Row's AU India Civil Court Manual. Two vols. Stevens and Sons Limited. Price 21e, net.
Row's Indian Cases 1910: Current Index, Final Part. Stoveng and Sons Limited, 119 and 120, Chancery-lane. Annual subscription, 103. net.
Row on the Indian Limitalion Act (No 9 of 1908). Second Edi. tion. Stevens and Song Limited, 119 and 120, Chancery.lane. Price 183. net.
C'aporn's Selected Cases on Contracts. Stevens and Sons Limited 119 and 120, Chancery.lane. Price 123. 61.
Gibbon's Scots in Canada. Kegan Paul, Trencb, Triibner, and Co. Limited, Dryden House, Gerrard.street, W. Price 19. net.