« EelmineJätka »
Mr. Roland Burrows (bon sec.) moved the adoption of the tenth apoual report. He said that seventeen new members had joined during the year, and that the membership was now 234. The increasing work of the eociety had led to the appointment of an bonorary editor of transactions, and Mr. W. A. Brend, M.A., M.B., bad teen unanimously elected to the office.
Dr. Smith seconded the motion, which was adopted.
The officers of the society were elected as follows: Sir Joba Tweedy, president; Mr. Walter Sobröder, hon, treasurer; Dr. A. G. Bateman, Dr. A. D. Cowburn, and Mr. Artbur S. Morley, council ; Mr. Roland Burrows and Mr. J. Howell Evans, bon. Becretaries ; Mr. R. Salusbury Trevor and Mr. Walter C. Williams, bon. auditors; Mr. W. A. Brend, bon. editor of transactione. Mr. Justice Horridge and Mr. Digby Cotes-Preedy were added to the list of vice-presidente.
On the motion of Mr. Roland Barrowe, & resolution was passed to the effect that after the 12th July 1912 the tenure of office of the president shall not be for more than two consecutive years
he was sure it was not out of place to express their appreciation of the help which had been given to them in their efforts to secure for the Manoboster and Salford Coup!y Courts the exclusive services of two judges, which the important character and increasing volume of business required. The Selford Hundred Court bad also been the subject of inquiry and report, and their esteemed boo. secretary, Mr. Crosse, bad, amongst his many duties ably and willingly performed, found time to give evidence at the inquiry and to represent the views of the society. There was no doubt tbat the increased jurisdiction proposed to be given to Connty Courts would have the effect of decentralising the administration of justice, and the Couoty Courts would become rivalş of the essize courts, and it should therefore be to advocacy to wbich solicitors should turn their attestion. With regard to sect. 51 of the National Insurance Bill, dealing with distress for rent and ejectment, he was of opioion that this cection should be altogether eliminated from the Bill. The president, in conolusion, said he could not vacate the chair without expressing his great indebtedness to tbeir bon. Becretary, Mr. Crogge, for the untiring energy and the ability with which he discharged his numerous and onerous duties.
PROMOTIONS AND APPOINTMENTS. Information intendent for publication under the above heading should reach us
not later than Thursday morning in each week, as publication is otherwise delayed. Mr. FRANK SAFFORD has been appointed a Revising Barrister on tbe South-Eastern Circuit. Mr. Safford was called by the Middle Temple in 1869, and is Recorder of Canterbury.
Mr. HENRY COWPER GOLLAN, Attorney-General, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. Gollan was called by the Middle Temple in 1891.
Mr. EMMANUEL ELLIOTT SCIPIO POLLARD, barrister-at-law, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. Pollard was called by Gray's-ina in 1887.
Mr. CYRUS PRUDHOMME DAVID, barrister.at.law, has been appointed King's Counsel for the Colony of Trinidad and Tobago. Mr. David was called by Gray's.inn in 1889.
Mr. F. LLEWELLYY-Jones, B.A., LL B, solicitor, Mold, has been appointed Clerk to the Lieutenancy of Flintshire. Mr. LlewellynJodes was admitted in 1891.
Mr. JAMES KENYON Parker has been appointed Coroner of the Sheffield City aod County Borough and of the Rotherham County Division of the West Riding cf Yorkshire, in succession to his late. partner, Mr. Dossey Wightman. Mr. Parker was admitted in 1889.
Mr. ARTHUR SAVILLE COHEN, of the firm of Arthur Benjamin and Cohen, of College-bill Chambers, College-bill, Cannon-street, has been appointed a Commissioner for all the Divisions of the Supreme Court of South Africa.
Mr. EDWIN LUNNON GREAVES, of Serjeants’-ion, London, has been appointed a Commissioner for Oaths. Mr. Greaves was admitted in 1896.
MANCHESTER. The appoal general meeting was held on Monday, at the Law Library, the president, Mr. George H. Charlegworth, being in the obair. There were also present: Mr. W. H. Foyster (vice-president), Mr. J. F. Milne (hop. treasurer), Mr. C. J. E. Crosse (bon. secretary), and Messrs. S. F. Butober, C. T. Bateman, D. F. Hart, W. H. Norton, Elkanah Hewitt, Alfred Tarbolton, J. B. Parkioson, A. E. Fearos, S. H. Seville, A. Hosegood, R. W. Rylands, W. W. Briggs, R. B. Sicree V. B. Parker, John Marriott, J. B. Hartley, Wm. Harrison, H. L. Farrar, E. Farrington, C. H. Johnson, J. A. Grundy. J. W. Robson, E. Shivpey, M. Rigby, F. A. Padmore, James McDonald, F. Megson, and G. P. Rhodes. The appual report stated that the system roder which a judge of the High Court was a gsigned to take the civil business set down for each sitting at the High Court at Manchester and Liverpool, and to hold resumed sittiogs at both cities, had been in full foroo during the year, and that the results bad been very satisfactory. The committee were much indebted to the judges assigned to take this work for communicating with them in relation to the regulations issued for the several sittings and for acting upon suggestions which the committee had from time to time been able to make in reference to the arrangement and conduct of the business. With regard to the number of special jurors who could be summoned to attend at any assize, the committee had made representations on the subject to the Lord Chancellor, and a Bill bad now been passed under wbich an unlimited number of of special jurors could now be summoned. The president, in moving the a loptics of the report, said that the members would all see that the society had transacted a great deal of business during the past year.
The followiog were re-elected officers for the ensuiog year: President, Mr. W. H. Foyster; vice-presideot, Mr. A. Tarbolton; bon, treasurer, Mr. J. F. Milne ; hon. seoretary, Mr. C. J. E. Crosse ; hoo, auditors, Mr. G. P. Rbodes and Mr. R. G. Edgar.
The president (Mr. G. H. Charlesworth), in bis address, said that it was satisfactory to record that they had now 381 members. The past year bau been memorable for the publication of the report of the Royal Commission on the Land Transfer Acts. The report in the main justified the objections of their profession to the existing system, but there was no doubt that serious attempts would be made to extend the principle of compulsory registration of title. The Lord Chancellor did not appear to bave understood the attitude of the Legal Profession towards the existing Land Transfer Acts. It bad been abundantly shown that the system under the existing Acts was not only more costly than the present general practice, but also that it afforded no greater security to the landowner. The Lord Chancellor claimed tbat under the present system of registration of title the registered owner had the security of the State, but this claim was not well founded in the case of regis. tration with possessory title, and the great majority of registered titles were possessory only. The great expense attendant upon regis. tration with absolute title had been found to be prohibitive. If the Lord Chancellor was correct in bis statement that tbe cost of the present system of conveyancing was “a olog on landed property," then it was impossible to justify the increase by 100 per cent. of the stamp duties on the transfer of land and on leases. He was glad to observe many indications of the desire of those in high plaoes not only to expedite administration of justice and increase the facilities for the dispoeal of litigation, but also to reduce the cost of actions. Speedy and certain justice at a reasonable cost was wbat the businees man desired. By reason of delay and expense of ordinary litigation he was driven to refer his disputes to arbitration tribunals wbich offered him a rougb-and ready method of decidiog the points at issue. The proposals contained in the Couoty Courts Bill, now under the consideration of the House of Lords, were an attempt to deal with the demand for speedier and cheaper justice. By the Bill all actione, with one or two exceptione, might be commenced in the County Court, whatever might be the amount of the claim, subject to the absolute right of removal to the High Court, at the instance of the defendant, of actions which exceeded in amount the present County Court joriediction. This & much-needed reform, and it was to be hoped that the Bill would pass through Parliament. The congestion of business in the Manchester aid Salford County Courts bad been the subject of anrico, consideration by the society, and the efforts which they bad made had received the support of the Manchester Bar Council, the corporation of Man. chester, the borough of Salford, and the Chamber of Commerce, and
CORRESPONDENCE. This department being open to free discussion on all Professional topics, the
Twitor does not hold bimself responsible for any opinions or statements contained in it. LAND TRANSFER.–Tbe daily papers publish a notice of a Bill to be introduced by Lord Loreburn which will establisb registry offices in every town, and will, as far as I can see, completely take away from solicitors the business of conveyancing, whicb is the only business in the law worth having. The Government will, no doubt, appoint their own nominees as officiale, and we shall loco our livelihood in this branch as we bave already lost bankruptoy work and most of the probate work, to say notbing of the work done by the Official Trustee. That the authorities desire to obeapen the transler of land I greatly doubt, as stamp duty bas recently been increased cent. per cent. If there is any saving, it will be taken out in some new tax or other, and used for social reforms or dressing the shop window. Meantime, are we, who might, if united, be the strongest trades onion in the world and control legislation to take this lying down : The Profession has never resisted necessary reforms in the interest of the public, but we have seen officials pais to do our work without a murmur, and we shall see it again if we do not press for fair treatment. The costs of con. veyancing are coly fair and reasonablo now ; nothing will be saved if the true expenses of registriee art ever known. Transactions in laod are few and far between, and the taxes and rates have frightened buyers.
F. C. PEARCE. POLICE ADVOCATES.-We have read, with appreciation, the paragraph in your issue of the 22nd inst. relating to this matter. It is not, however, only Chief Constables who act as advocates in police prosecutions. Inspectors, sub-divisional inspectore, and superintendente aleo do so, and they are allowed to put leading questions and to cross-examine witnesses, 89 well as to introduce matter wholly irrelevant to the issue. What makes things worse is that in any police prosecution, important or otherwise, the police always read ibeir evidence. As each officer is called into the box be produces a book which is supposed to contain a few “ notes to dates and hours, &c., when the alleged offences have been committed, but se
matter of fact these so called “ notes are complete proois of the police evidence. That this is so can easily be proved by an examins. tion of the depositions with the written matter in the said books.
We have tested and proved this on more than one occasion, and have, in addition, repeatedly called the attention of the magistrates in petty sessional courts to the matter, but to no purposo.
While the police are giving evidence their eyes are riveted on their books, and it is very rare that an answer can be given to the most simple question in cross-examination until the police witneos has referred to his book. There is no doubt whatever that this method of giving evidence is illegal. If the police are allowed to give evidence in this im proper manner, wby should not other witnesses for the prosecution or defence have the same opportunity given to them? It would be a great convenience ito nervous or elderly persons, or those in a weak state of health, if they were permitted to read their evidence, or to give evidence by way of affidavit; but we need scarcely say that, while the police are allowed to conduct prosecutions and give evidence in almost any manner they think fit, barristers and solicitors, and the ordinary public, are tied down strictly to the legal and proper manner of conducting their cases, and are instantly pulled up by the magistrates, and even by the police, if they attempt to do otherwise. In courts presided over by a stipendiary, the police are not allowed to act as advocates, nor to read their evidence, and it is difficult to understand why in petty sessional courts any greater latitude should be granted, or why the unpaid magistrates sitting at such courts should depart from the usual practice and not only allow the police to act as advocates, but to give evidence in their own peculiar
SHERWOOD, BAKER, AND HART.
Tabernacle Charity Bill in the session of 1908, he will find that, at the Archbishop of Canterbury well pointed out at the time, “in each of these arrangements are made by Act of Parliament 88
to the conditions upon which alone the pastor and the otber officials of these different chapels may bold office ; and you will find in the schedule to the Bill, every word of which is capable of amendment, a setting forth of the whole doctrine and the creeds which are there to be held. The doctrines are set forth in words so profound and so solemn that tbey are really practically the teaching of the Apostles' Creed, though they are put in other terms. They are set forth in dootrinal detail and embodied as a portion of the schedule of this Act of Parliament, and there is stated in the course of the Act what are the conditions upon which alone a man may have & tenure of his office. Now, I will say, without fear of contradiction, that you may search the Acts of Parliament for 300 years in England before you will find a single Act dealing with the affairs of the Established Church of England with such an amount of doctrinal detail as the affairs of these non.established people were dealt with in Parliament last year.” Once more
“A Solicitor's omissions in his sketch of the history of the seventeenth century are most striking: He remarks that those ministers who were ejected in 1662 were denied any share in the ancient endowments, as they were not prepared to swallow every moreel of rite and ceremony and doctrine and discipline enforced by the State in the new Act," bat he fails to tell us how these men got there ; that the lawful canonical inoumbents had been forcibly ejected by the State in favour of men without episcopal ordination, and many of them without any ordination at all. A study of this period of our history will show that these individuals were not in favour of disendowment, for they—the spiritual forefathers of modern Nonconformity-distrained the goods and imprisoned the persons of tuose who refused to pay tithes in aid of the State. appointed and State-supported religion of the Commonwealth. In this connection I may be allowed again to quote Bisbop Welldon, who drives home the fact that the ples for disendowment is an afterthought-and a somewhat late afterthought-of Nonconformiste, for, as be truly says, it "was no part of the principles advocated by the founders and ieaders of the great Nonconformist bodies. It was not a conviction entertained by such persons as Cromwell, or Wesley, or Chalmers.”
T. MARTIN TILBY, Secretary, Central Church Committes
for Defence and Instruction. Churob House, Westminster, S.W., July 25, 1911.
NOTES AND QUERIES, This column is intended for the use of members of the Legal Profession, and
thertore queries from Jay correspondents cannot be inscried, luder 10
circumstances are editorial replies undertaken. None ar: inserted unless the name and address of the writer are sent, not
mucessarily for publication, but as a guarautee of bona fides.
DISENDOWMENT.-My attention has been drawn to an article on “ Disendowment” by “ A Solicitor " in your issue of the 8th inst. which is almost verbally identical with one previously appearing in the Liberator—the organ of the Liberation Society-by a Dr. Bennett, of Grimsby, who is well known for his literary attempts in the local Press in support of distinctly singular views on the Establishment of the Church Jof England. It would require more space than you would be able to grant me to point out all the inaccuracies of your correspondent, but I would beg for room in which to draw attention to a few significant omissions—so typical of the Liberationist in con. troversy--in bis one-sided statement. “A Solicitor" is fond of bringing Freeman into his articles and letters, and, after pointing out some examples of the way in which the State has dealt with ecclesiastical endowments, he quotes the sentence “ Ours is a laod of precedent, and here is precedent enough.” It is to be regretted that Freeman's words on the previous page are not also quoted — words in which he points out that, while the legal process was the same in each case, under Henry V. aud Victoria “ the confiscated property was well applied, and that under Henry VIII. it was badly applied' while he also shows that what was done by Henry V. and Victoria "stands out among all the othors for the purity of motive which led to the confiscation, and for the wise purposes to which the confisca ted property was applied.” It is a pity, too, that “ A Solicitor" did not think it well to mention anot ber illustration of the State's action in regard to ecclesiastical property--I mean the suppression of the Regiam Donum—but perhaps this was omitted by your correspondent as it was the gift of the State to Nonconformity, which was then being dealt with by the civil power "as it thinks fit in the public interest. It is only natural that the unfortunate and most inaccurate view of Bishop Welldon-opposed as it is to the highest legal, bistorioal, and ecclesiastical authorities--that at the Reformation the State took away funds from the Church of Rome and transferred them to the Church of England should be seized on by “A Solicitor.” But surely there is a suggestio falsi about his next sentence, in which he says “the bishop sums up.' " that a nation acts within its moral as well as within its legal rights when it decides upon disestablishment and dieendowment ? One might imagine from these words that Bishop Welldon was in favour of digestablishment and disendowment; as a matter of fact bis book is an earnest and weighty plea against these evils. He points out that “ to take away property which has been held by an individual or a society for many generations is to strike a blow at the roots of all property"; and that any project “for depriving the Church in Wales, when sbe needs larger funds, of such funds as she now possesses for the spiritual work which ber clergy are admittedly doing in a self-sacrificing spirit and to the benefit of the Welsh nation is not a friendly but a
bostile proposal. It seems to emanate from men who do not wish well to the spiritual work of the Church ; from men who care less for religion than for the gratification of the ill.will uphappily arising out of religious differences.” It is a little surprising that in a legal journal, of all places in the world, “ A Solicitor" should make much of the fact that at the Reformation, when changes were made in doctrine, ceremonial, and discipline, “the clergy bad either to accept these changes or lose all share in the ancient endowments." Your correspondent is so impressed with this view that he returns to it later on, and, after sbowing that Parliament passes Acts defining the conditions on which aloce the ecclesiastical endowments are to be beld (compelling clerical residence, fixing the exact words to be used in public prayer, &c.), remarks : “No one can enjoy a single penny of ecclesiastical tithe or a single acre of glebe except on condition of being subject to tbese laws or to any similar laws which Parliament may at any time choose to pags.” On this statement your legal readers will surely feel inclined to say You're another," for “ A Solicitor's has omitted to mention-he surely cannot be ignorant of ?-the fact, well known to all jurists, that the so-called “Free” Churches are in precisely the same condition, the tenure of their property being dependent upon their faithfulness to the doctrines and regulations set forth in their trust deeds. If “ A Solicitor" will look at the Long: ton Caroline street Chapel Charity Bill and the Kingswood Whitfield
Queries. 14. INTESTACY.-A man dies intestate, leaving a widow but no issue, and his total estate (including a freehold house) is under £500. The widow is the administratrix, and has paid all the debts and funeral and testamentary expenses. What is necessary to perfect her beneficial title to the freebold? Would & statement by her ander band. setting out the material facts and that she holds the freehold beneficially, and not as administratrix, be sufficient ? Or, if a conveyance is essential, would a conveyance (reciting the material facts) from her to A, and his heirs to the use of herself and her heirs discharged from the debts and funeral and testamentary expenses of the deceased be sufficient ?
15. COPYHOLD.-A. was a copyhold tenant who died without being admitted. By his will be devised his copy holds to his son B., who is about to be admitted. Can the fines, heriots, and fees be paid out of the residuary personalty of A., deoeased, or must B. pay them out of his own pocket ?
Answers. (Q. 13) AGENTS.—The case of Thuman v. Best (97 L. T. Rep: 239) would appear to have some bearing on the point raised by 6. Dubitans."
THE COUNTY COURTS CHRONICLE AND GAZETTE OF BANKRUPTCY.To enable it to treat more completely of the many matters on which the Judges, Officers, and Practitioners require to be kept regularly informed and to give to it the importance which, as the Journal of the County Courts, and their long-established official organ, it is entitled to assume, it has been greatly improved and enlarged in accordance with the extension of the Jurisdiction of the County Courts under 30 & 31 Vict. c. 142, 46 & 47 Vict. c. 52, 51 & 52 Vict. c. 43, and 53 &_54 Vict. c. 63. The Reports of Cases relating to County Courts Law decided by the Superior Courts are in octavo form, as more convenient for citation in Court. Communications era anecially invited to the department of “Queries,” which is designed to do for the County Courts what the “ Justice of the
dces for the Magistrates' Courts. N.B.—The " County Courts Chronicle” was commenced with the County Courts. It is recognised as the official organ of the Courts. Monthly, price 1s. 6d. -HORACE Cox, Law Times" Otlice, Windsor House, Bream'sbuildings, E.C. -[Advt.]
LAW STUDENTS' JOURNAL. TO SECRETARIES.--Reports of meetings should reach the office not later than first
puust Thursday morning to ensure insertion in the current number.
London, and obtaining second class bonours in his final examination, was elected to a scholarship at Caius College, Cambridge, in 1907, and succeeded in securing the birst place in both parts of the Cambridge Law Tripos in 1908 and 1909 respectively. He was also president of the Union Society. Returning to London in 1909 he became a partner in the firm of Ballantyne, MoNair, and Co., and has bad considerable experience of commercial and common law work. He is thus well fitted, both by his theoretical and his practical training, for the post to which he has been appointed.
THE LAW SOCIETY.
HONOURS EXAMINATION.—JUNE 1911.
articles of clerkship are printed in parentheses. At the examination for honours of candidates for admission on the roll of solicitors of the Supreme Court, the examination committee recommended the following as being entitled to honorary distinc. tion :
First Class (in order of merit). Batt. Francis Raleigh (Mr. Richard Tapley, of Exeter, and Messrs. Robbins and Co.,
of London). Thairlwall, William, LL.B. Lond. (Mr. F. J. Thairlwall, of the firm of Messrs.
Tbairlwall and Son, of London).
Sir PERCY WILLIAM BUNTING died on Saturday last, after three days' illness, at his residence, 11, Endaleigh.gardens, N.W., in the seventy-fifth year of his age. He was the only son of Mr. Thomas Percival Buoting. of Manchester, solicitor, and was called by Lincoln'sinn in 1862. For many years ho practised at the Chancery Bar, and was an examiner in equity and real property law at the London University eince 1882.
Second Class (in alphabetical order). Corsham, Curzon (Mr. B S. Wright, of Nottingham). Farrington, Sidney Vanner (Mr. John C. Bockwell, of Brighton). Moore, Donald Gwyther (Mr. H. 0. Moore, of Derby and Dumeld, and Messrs. Maude
and Tunnicliffe, of London. Peters, Leslie Willis (Mr. Percy Maurice Crawcour Hart, of the firm of Messrs.
Watkin Williams, Steel, and Hart, of London). Badley, Oswald Alfred (Mr. Edward Ashley Plant, of the firm of Messrs. Sheldon
and Plant, of Congleton). Sargent, Frank Leyden (Mr Joba Theodore Goodard, of London). Whitelegge, Obristopher Horsley (Mr. E. T. M. Teesdale, of the firm of Messrs.
Maples, Teesdale, and Co., of London).
THE COURTS AND COURT PAPERS.
RULES OF THE SUPREME COURT (JULY) 1911.
ORDER VI., RULE la. 1. A concurrent originating sommons may be issued in the same manner, mutatis mutandis, as a concurrent writ of summons.
Third Clas: (in alphabetical order). Chapman. Lawrence Vaughan, B.A. Lond. (Mr. H. F. Cracknall, of the Orm of
Messrs. Greenfield and Cracknall, of Loodon). Crook, Algernou Harvey (Mr. H. W. Milnes, of the frm of Messrs. Crook, Milnes,
and Jones, of London). Gillett. Norman Coroelius, LL.B. Lond. (Mr. E. B. Knight, of the firm of Messrs.
Wontner and Sons, of London). Jones, Gershom Stewart, LL. B.' Liverpool (Mr. Arthur McDouall Hannay, of
Liverpool). Knowles, William Doudney (Mr. E. W. Pierce, of Liverpool). Lane, Hector Alan (Mr. H. F. W. Gwatkin, of Puole, and Messrs. Wyatt and Co., of
London). Jaffmao, Frank Emil (Messrs. Spyer and Sons of London). McBride. Walter. B.A. Oxon. (Messrs. Batten, Proffitt, ent Scott, of London). Margh, Duncan (Mr. Athelstan Rendall, M.P., of the Arm of Messrs. Reudall and
Bradford. of Yeovil). Martin, Leslie Commerford (Mr. F. W. Martin, of Gravesend). Morfitt, Edward (Mr. George Twell, of Hull). Pennington, John (Mr. G. Wilson Picton, of the firm of Messrs. Kelly, Picton, and
Riley, of Liverpool). Price. Walter Hugh (Mr. Walter Jones Price, Mr. John Armitage Price (dereased).
and Mr. Samuel Hugh Price, all of the Arm of Messrs. Samuel Price and Sons, of
London). Sugden, Thomas Edward, LL.B Lond. (Mr. James William Sugden, of Keigbley), Wansbrough. Reginald Walter. B.A. Oxon. (Mr. W. J. Robinson, of the firm of
Messrs. Wansbrough, Robinson, 'Tayler, and Taylor, of Bristol). Wilmer, Douglas Horsford, LL.B. Lond. (Mr. Herbert Denison, of Leeds, and Messrs.
G. and W. Webb, of London). The council of the Law Society have accordingly_given class certificates and awarded the following prizes of books : To Mr. Batt and Mr. Thairlwall each, the Clementis.ion Prize, value about £10, and the Daniel Beardon Prize, value about 20 guineas; to Mr. Cursham, the John Mackrell Prize, value about £9.
The council bave given class certificates to the candidates in the second and third classes.
One buodred and thirty-ope candidates gave notice for the examination.
ORDER VI., RULE 2a. 2. An originating summods for service within the jurisdiction may be issued and marked as a concurrent originating summons with one for service out of the jurisdiction; and an originating summons for service out of the jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction.
ORDER XVI , RULE 5ta. 3. Where any person served with a third party notice by a defendant or by a third party uoder these rules claims to be entitled to contri. bution or indemnity over agalost any person not a party to the action be may by leave of the court or a judge issue a third party notice to that effect; and the preceding rules as to third party procedure shall apply mutatis mulandis to every potice eo issued, and the expressions "third party notice” and “third party ” in these rules shall apply to and include every notice so issued and every person served with suoh notice res peotively.
ORDER XXII., RULE 17. 4. The following words shall be added at the end of Order XXII., Rule 17 :
“ Guaranteed Land Stock issued under the Act 54 & 55 Vict.
PRELIMINARY EXAMINATION.- JULY 1911.
The following candidates (whose names are in alphabetical order) were successful at the Preliminary Examination held on the 5th and 6th July 1911 :Ackroyd, John William Gibbs, Thomas Foster Raley, Walter Hugh Ainslie, Denys Alfred L. Haworth, Percy G. D. V. Rands, George St. John Awdry, Neville John Hill, Martin Spencer
Richards, Maurice John Beardsley, Amos
Hollinrake, Gilbert Smith Rowbotham, John Chee. Bobam, James
Kingston, Ernest Roadley ham Selwyn Butterworth, Rowland Knowles, Jobn Yaldon Sankey, Charles Edward Carver, Alfred Cedric Leak, Reginald
Saunders, Francis William Chambers. James F. M. Lees, Harold Wilfrid Stevens, Job Julian C. Ohatham, Edward Alfred McMurtrie, Donald S. A. Swinscow, Richard T. Costello, Ralph Edgar Middlebrook, John
Thompson, Ronald v. Oroft, Desmond Warrick Morrish, Eric Jobn
Todd, Harold Edgar Dewbirst, Ernest Thomas Mudford. Harold Ernest Usher, Ernest Henry B. Dibdin, Charles
Nalder, Frank William Welman, John Baribroppe Evans, William David R. Odell, Oliver Henry Cecil Wbitburn, Arthur Kemp Fawcett, Cyril Pearson, Sam
Whittaker, Francis Garbutt, Denis George Pollard, Edwin
Williams, Hugh Cameron. Namber of candidates, 90; pagsed, 47.
The following candida'es are certified by the examiners to have passed with distinction, and will be entitled to compete at the Studentship Examination in Jone 1912. Ackroyd John William Costello, Ralph Edgar Hawerib Percy G. D. V. Coham, James
Croft, Desmond Warrick Hill, Martin Spencer,
Guaranteed 27 p.o. Stock issued under the Act 3 Edw. 7, c. 37. “Goaranteed 3 p.c. Stock issued under the Act 9 Edw. 7, C. 42."
ORDER XXXV., RULE 21. 5. Order XXXV., Rule 21, eball be read as if after the words “proceeding in a district registry " the words “ other than those at Liverpool and Manohester were inserted, and as if there were added at tbe end of the rule the words “ Io causes or matters proceeding in the distriot registries at Liverpool or Manchester all documents shall be filed in the district registry in which the cause of matter is proceeding."
ORDER L, RULE 16. 6. Order L, Rule 16, shall be read as if there were inserted at the commencement thereof the words “Except as provided in the next following rale."
ORDER L., RULE 16a. 7. Where the amount for which security is to be given does not exceed £500 such security may be given by an undertaking in the form specified in the appendix to these rules, which may be cited as Form No. 21a of Appendix L of the Rules of the Supreme Court. Such undertaking shall be signed by the receiver and his surety or soreties, or in the case of a guarantee or other company sball be sealed with the seal of such company or otherwise duly execated. The undertaking shall be filed in the Central Office or where the proceed. ings are pending in a district registry in such registry, and kept as of record until the same shall have been duly yaoated.
ORDER LIV., RULE 12, CLAUSE (e). 8. Order LIV., Rule 12, Clause (e), shall be read as if the words " and charging orders” were added at the end of the clause.
ORDER LV., RULE 15. 9. Order LV., Rule 15, sball be read as if the following proviso were added at the end thereof, pamely
Provided that every order made in chambers which shall not have been made by the judge personally shall be marked in the margin thereof with the name of the master responsible for gucb order.
The council has appointed Mr. Arnold Duncan McNair. B. A., LL.B., solicitor, of 150, Leadenball.street, EC, to fill the vacancy on the teashing staff of the society. Mr. McNair, after serving his articles in
ORDER LXII., RULE 143. 13. In all actions or matters tried in the Chancery Division with witpegses tbe judgment or order shall unless the judge for some special reason otherwise direct be drawn up without entering the evidence.
ORDER LXII, RULE 14c. 14. If any judgment or order as last aforesaid be appealed, it sball be the duty of the appellant within four days after service of the notice of appeal to take an appointment before the registrar for the purpose of settling a schedule of the evidence used at the bearing. in settling soob Echedule the same prooedure ehall be followed as herein before provided with regard to the drawing up of ordere. If th: re shall be any dispute between the parties as to what evidence eball be entered as read, the matter shall be adjourned to the judge before wbom the action or matter was tried and be sball decide the question in dispute and may give such direotions as to the costs of the adjournment as he may tbipk fit. Subjeot to euch direction (if aby, the costs of settling the said schedule shall be costs in the appeal. The schedule of evidence shall be signed by the registrar but shall not be entered por shall the judgment or order be amended so as to incorporate the same uoless the Court of Appeal shall so direct.
ORDER LVI. 10. Order LVI. is hereby aroulled, and the following rules shall stand in lieu thereof :
1. This order shall apply to references by the court or a judge or by agreement of reference to the Admiralty Registrar, whether the reference be to the registrar alone or to the registrar assisted by one or more mercbante or other assessor.
2. Within twenty-ope days from the day when the order for the reference is made, or an agreement for a reference is filed, the claimant shall file the claim and vouchers, and affidavits, if any, and, except in a limitation action, serve copies thereof on the opposite party ; failing which the court may, on the application of any other party, dismiss the claim.
3. The claimant sball, except in a limitation action, after the filing of the claim and vouobere, obtain a day for the reference either by summons or by agreement, and when such day has been obtained be shall lodge in the registry a notice praying to have the reference placed in the list for bearing with the stamps for the reference affixed thereto.
4. In a limitation action the day for the reference will, after the expiration of the time limited by the court for the filing of claims, be appointed by the registrar; and upon receiving notice thereof, tbe plaintiff shall place the reference in the list for hearing by lodging a notice as mentioned in rule 3.
5. At the time appointed for the reference if the counsel or solicitor for any party be present, the reference may be proceeded with, but the registrar may adjourn the reference from time to time, as he may deem proper.
6. Evidence may be given vivâ voce or bs affidavit, or in such other manner as may be agreed upon, and the evidence may, on the application of either party, but at the expense in the firet iustance of the party on whose behalf the application is made, b: taken down by a shorthand writer appointed by the court, and in such case transcript of the sborthand writer's noter, certified by him to be correct, shall be admitted to prove the oral evidence of the witnesses on an objection to the registrar's report.
7. Coupoel may attend the hearing of a reference, but the expenses attending the employment of counsel sball not be allowed on taxation. unless the ta aing officer shall be of opinion that the attendance of counsel was necessary.
8. The registrar shall in his report make such order 88 he shall think fit, as to the costs of the reference.
9. The claimant, or in a limitation action the plaio tiff, who bas received notice from the registry that the report is ready, shall, within six days from the time when he has received such notice, file the report and servo a notice of such filing on the opposite party, or in a limitation action on the claim ante.
10. If the claimant shall not take tbe steps prescribed in Rule 9, the opposite party may take up and file the report, and apply for its confirmation, or may apply to the court to have the claim dismissed with costs. In a limitation action, if the plaintiff shall not take the steps prescribed in Rule 9. & claimint may take up and file the report and apply for its confirmation.
ll. A party who intends to object to the registrar's report sball, within fourteen days from tho potice of the filing of the report, file in the registry a notice that he obj ots to the report, and a copy thereof shall be served on the opposite perty.
12. An objection to a report eball be brought before the court either by motion, or on petition in objection to the report, and an angwer thereto. A notice of motion in objection to a report bball be filed withio ten days from the filing of the notice of objection, and à petition shall be filed witbin the same time, and served on tbe opposite party, and the answer there to sball be filed withio ten days from the service of the petition, and a copy served on the opposite party.
13. All the roles respecting the pleadings and proofs in an action, and the printing thereof, shall, so lar as they are applicable, apply to the pleadings, proofs, and printing in an objection to a report of the registrar.
14. This order shall apply to references in district registries, as well as to references in tbe principal registry.
ORDER LXII., Rule 5. 11. Order LXII., Rule 5, sball be read as if the word “ three" were substituted for the word “geven th.rein.
ORDER LXII, RULE 141. 15. If at the trial of such action or matter the parties shall hava agreed that any bundle of copy correspondence, or of other documents, shall be taken as put in subject to all just exceptions as to whether any of the documents in suoh bundle are evidence or otherwise such bundle shall be marked by the registrar for identification and entered as put in saving all just exceptions, without referring to the particular documents actually read. The appellant shall within tep days after the said schedule has been signed by the registrar give notice to the respondent which of the said documents he intends to read on the appeal, and he sball not be bound to supply copies for the use of the Court of Appeal of any documents not included in such notice upless as to any further document or documents some respondent shall by notice in writirg specifying such document or documents and delivered at least ten days belore the hearing of the appeal require him so to do. The Court of Appeal may on the hearing of the appeal make such special order as they think fit in reference to any costs occasioned by any notive under this rule or tbrown away by supplying copies of documents which are not admissible io evidence or are unnecessary for the purposes of the appeal, but subject to such special order, if any, the existing power of the ta xing master shall not be affected by this rule.
ORDER LXII., RULE 15. 16. Order LXII., Rule 15, shall be read as if the words “or settling any schedule of evidence were inserted alter the words “judgment or order
therein. 17. These rules, which shall orme into operation on the 1st day of August 1911, may be cited as the Rules of the Supreme Couri (July) 1911, and each rule may be cited by the heading thereof with reference to the Rules of the Supreme Court 1883. (Sigoed) LOREBURN, C.
C. H. MORTON.
(R S.C. App. L. No. 211 ) In the High Court of Justice,
Chancery Division. Mr. Justice
(or King's Bench Division.)
ORDER LXII., RULE 141. 12. Every judgment or order sball unless otherwise ordered be drawn up and entered within forteen days from the date thereof, and if any judgment or order shall not bave been drawn up and entered within tbe time aforesaid the registrar responsible for the drawing up of such order sball report to the judge in writing as to the reason why the provisions of this rule have not been complied with and whether in his opinion any and wbich of the parties or their solicitors are responsible for the delay, and thereupon the judge may direct such parties or solicitors to attend before him and may unless a satisfactory explanation beforthcoming make such order as to the payment of all or any part of the costs of drawiog up and entering the judgment or order as be shall think fit. He may aleo direct tbau as against any party responsible for such delay the time for appealing from such judgment or order shall run as from the date when the same ought to have been drawn up and entered in accordance with this rule.
the receiver (and mapager) appointed by order dated (or proposed to be appointed) in tbis action hereby undertake with the court to duly account for all moneye and property received by me as such receiver (or manager) or for which I may be beld liable and to pay the balances from time to time found due from me and to deliver any property received by me as such riceiver (or manager) at such times and in Buch manner in all respects as the court or a judge shall direct.
And we bereby jointly and severally (a) undertake with the court to be apswerable for any default by ihe vaid (88 euch receiver oc manager) and upon such default to pay to any person or per.ops or otherwise as the court or a judge eball direct any eum or eums not exceeding in the whole £ that way from time to time be certitied by a master of the Supreme Court to be due from the said receiver and we submit to the jurisdiction of the court in this action to determine any claim made under this undertaking. Dated this
1911. Witness (a) In the case of a guaraltee cr other cor rary strike cut " jointly and gevc:ally."
COURT OF APPEAL AND HIGH COURT OF JUSTICE (CHAN.
CERY DIVISION).-TRINITY SITTINGS 1911.
Ixam. The Long Vacation will commence on Tuesday, the 1st Aug., and terminate on Wednesday, the 11th Oct., 1911, both days inclusive.
HIGH COURT OF JUSTICE.-LONG VACATION
NOTICE. DURING the Vacation op to and inclnding Tuesday, the 5th Sept., all applications “ which may require to be immediately or promptly heard” are to be made to the Hon. Mr. Justice Horridge.
COURT BUSINESS.—The Hon. Mr. Justice Horridge will, until further notice, sit in the Lord Chief Justice's Court, Royal Courts of Justice, at 11 a.m. on Wednesday in every week, commenoing on Wednesday, the 9th Aug , for the purpose of hearing such applications of the above nature as, according to the practice in the Chancery Division, are usually heard in court. No case will be placed in the judge's pa per unless leave has been previously obtained, or a certificate of counsel that the case requires to be immediately or promptly heard, and atating concisely the reasons, is left with the papers. The necessary papers, relating to every application made to the Vacation judges (see notice below as to judges' papers), are to be left with the cause clerk in attendance, Chancery Registrars' Office, Room 136, Royal Courts of Justice, before one o'clock two days previous to the day on which the application is intended to be mado. When the cause clerk is not in attendance, they may be left at Room 136, under cover, addressed to him, and marked outside Chancery Vacation pe pors, or they may be sent by post, but in either case go as to be received by the time aforesaid.
URGENT MATTERS WHEN JUDGE NOT PRESENT IN COURT CHAMBERS.-Application may be made in any case of urgency, to the judge, personally (if necessary), or by post or rail, prepaid, accompanied by the brief of counsel, office copies of the affidavits in support of the application, and also by a minute, on a separate sheet of paper, signed by counsel, of the order he may consider the applicant entitled to, and also an envelope, sufficiently stamped, capable of receiving the papers, addressed as follows : “ Chancery Official Letter : To the Registrar in Vacation, Chancery Registrars' Office, Royal Courts of Justice, London, W.C.". On applications for injunctions, in addition to the above, a copy of the writ, and a certificate of writ issued, must also be sent. The papers sent to the judge will be returned to the registrar. The address of the judge for the time being acting as Vacation judge can be obtained on application at Room 136, Royal Courts of Justice.
CHANCERY CAAMBER BUSINESS. The chambers of Justices Josco and Eve will be open for Vacation business on Tuesday, Wednesday, Thursday, and Friday in each week, from ten to two o'clock.
KING'S BENCH CHAMBER BUSINESS.-The Hon. Mr. Justice Horridge will, until further notice, sit for the disposal of King'a Benob business in Judges' Chambers at 11 a.m. on Tuesday and, if necessary, also on Thursday in every week, commencing on Tuesday, the 8th Aug.
PROBATE AND DIVORCE.-Summonses will be heard by the registrar, at the Principal Probate Registry, Somerset House, every day during the Vacation at 11.30 (Saturdays excepted). Motions will be heard by the registrar on Wednesdays, the 16th and 30th Aag:, the 13th and 27th Sept., at the Principal Proba te Registry, at 12.30. Decrees will be made absolute on Wednesdays, the 9th and 23rd Aug , the 6th, 20th, and 27th Sept. All pa pers for motions and for making decrees absolute are to be left at the Contentious Department, Somerset House, before two o'clock on the preceding Friday. The offices of the Probate and Divorce Registries will be opened at eleven and closed at three o'clock, except on Saturdays, when the offices will be opened at ten and closed at one o'clock.
Judge's PAPERS FOR USE IN COURT.-CHANCERY Division.—The following papers for the Vacation judge are required to be left with the cause clerk in attendance at the Chancery Registrars' Office, Room 136, Royal Courta of Justice, on or before one o'clock, two days previous to the day on which the application to the judge is intended to be made : 1. Counsel's certificate of urgency or note of special leave granted by the judge. 2. Two copies of writ and two copies of pleadings (if any),
and any other documents showing the nature of the application. 3. Two copies of notice of motion. 4. Office copy affidavits in support, and also affidavits in answer (if any).
N.B.-Solicitors are requested, when the application has been disposed of, to apply at once to the judge's clerk in court for the return of their papers. Chancery Registrars' Office, Royal Courts of Justice,
GAZETTE, JULY 21.
July 18. BRILLIANT, LEO, Priory-ct, Mazenod-av, West Hampstead, cinematograph
proprietor. July 17. MarshallsAY, EDWARD, South-wharf, Paddington, hay salesman. July 18. O SHEA, GERARD HENRY WILLIAM, Grafton-st, Piccadilly. Court of Appeal (Bankruptcy), June 15.
To surrender at their respectire District Courts, AUSTIN. CLAIRE SYLVIE, Crawley, furniture dealer. Ct. Brighton.
July 19. BOURN. WALTER, Richmond, stationer. Ct. Wandsworth. July 18. BargERY, FREDERICK HENRY, Coed Ely, collier. Ct. Pontypridd, Ystrady
fodwg, and Porth. July 18, BIRCH, ALBERT GEORGE, Market Deeping, outfitter. Ct. Peterborough.
Chelmsford. July 17.
July 17. FARDON, FREDERICK, Spoonley, farmer. Ct. Cheltenham. July 18, GOSLING, ALBERT EDWARD. Sheffield, builder's manager. Ct. Sheffield.
July 18. GRIFFITHS, G. H., Beckenham. Ct. Croydon. July 18. GOWING, ROBERT, Brundall, blacksmith. Ct. Norwich. July 18. Hurst, WILLIAM THOMAS, Toddington, farmer. Ct. Luton. July 18. HENRY, John (trading as John Henry and Sons). Norwich, coal mer
chant. Ct. Norwich. July 17. HAYHURST, TAYLOR, AND LILLEY, Liverpool. auctioneers. Ct. Liverpool.
July 17. HAWKES, PERCY VICTOR, Braintree, printer. Ct. Chelmsford. July 17. JENNINGS, WILLIAM ARTHUR, Swansea, clothier. Ct. Swansea. July 19. Jackson, ALBERT (trading as E. L. Jackson), Manchester, boot dealer.
Ct. Manchester. July 18. JAMES, HARRY WATKIN, Saint Dogmells, sculptor. Ct. Carmarthen.
July 18. Longson, JAMES, Stockport, painter. Ct. Stockport. July 19. Morgan. JENKIN, Llandyssul, carpenter. Ct. Carmarthen. July 18. NETTLESHIP. WILLIAM HERBERT, Market Rasen, coal merchant. Ct.
Lincoln. July 17. Owen, WILLIAM, Seaforth, contractor. Ct. Liverpool. July 19. Preston, John, Liverpool. fellmonger. Ct. Liverpool. July 17. PETTITT, GEORGE, Bromeswell, farmer. Ct. Ipswich. July 18. ParkinSON, FREDERICK, jun., Sheffield, beerhouse keeper. Ct. Sheffield.
July 17. Palmer, WILLIAM, Stoke-on-Trent, farmer. Ct. Stoke-upon-Trent and
Longton. July 18. Rees, John. Kidderminster, grocer. Ct. Worcester. July 18. SMITH, Thomas Williay, and SMITH, WALTER EDWARD (trading as Smith
Brothers), Selby, builders. Ct. York. July 17. WILLIAMS, John Thomas (late trading as J. and M. Williams), lata
Arnside, boarding-houso keeper. Ct. Barrow-in-Furness and
Ulverston. July 18. WARWICK, LILAS EDITH BEATRICE, Bournemouth West, boarding-house
proprietress. Ct. Poole. July 19. WILSON, Joun, late Fryston, colliery deputy. Ct. Wakefield. July 19.
GAZETTE, JULY 25. To surrender at the High Court of Justice, in Bankruptcy. FEITELSON, ISIDORE WULFF (trading as W. Feitelson). Great St. Thomas
Apostle, fur dealer. July 21. GRUIN, FERDINAND Philip, late Barkworth-rd, Camberwell, grocer.
July 20. Hodgson, REGINALD DRURY, late Curzon-st, underwriter, July 21. JAMESON, RONALD, Ashburn-pl, South Kensington. July 21. NORMAN, ROBERT EDWARD PIGOTT, Mornington-av-mansions, West Kensington. July 19.
To surrender at their respective District Courts. ALLEN, FREDERICK STEPHEN PESKETT, Manchester, wholesale fish salesman.
Ct. Manchester. July 20. BARFORD, JAMES, Daventry, carrier. Ct. Northampton. July 22 Bell, Richard Fell (trading as R. F. Bell and Sons), Ambleside, iron
monger. Ct. Kendal. July 22. CHARLES, John, Mountain Ash, draper. Ct. Aberdare and Mountain Ash.
July 20. Goodall, EDWIN FREDERIC, Birmingham, general merchant. Ct. Bir
mingham. July 18, HARDING, ALFRED SIDNEY COWELL, Torquay, painter. Ct. Exeter.
July 21. HERFORD, HENRY FRANCIS, Budleigh Salterton, gentleman. Ct. Exeter.
July 21 HERON, IRENE CLARISSA LORIANNE, Battersea Park, spinster. Ct. Wands.
worth. July 22. HERRING, CHARLES EDWARD, Stubton, farmer. Ct. Nottingham. July 12. Harris, ALFRED JAMES, Shoeburyness, builder. Ct. Chelmsford. July 19 JONES, SEPTIMUS, and GRIGGS, BENJAMIN, Wollaston, shoe manufacturers.
Ct. Northampton, July 21. KITCHEN, CHARLES JOSEPH, Great Grimsby, labourer. Ct. Great Grimsby.
July 18. LEDGARD, ALFRED, Leeds, general dealer. Ct. Leeds. July 19. MEAKIN, LOUIS, Kew Gardens. Ct. Wandsworth. July 20. MONTAGU, ROBERT CROMBIE (trading as Harry Graham), Maidenhead,
dealer in antiques. Ct. Windsor. July 22. Mills, WILLIAM, Royton, carrier. Ct. Oldham. July 20. Nix, William Hill, Southminster, motor engineer. Ct. Chelmsford.
Tees. July 21. Robins, Thomas. Huddersfield, schoolmaster. Ct. Huddersfield. July 21. Rice, Thomas GEORGE, Sketty, boot repairer. Ct. Swansea. July 20. SMITH, WILLIAM, Pyle, publican. Ct. Cardiff July 21.
Professional Partnerships Dissolved.
GAZETTE, JULY 21. CARTER, JOHN William, and CRELLIN, Henry, solicitors, Blackburn. July 22 Debts by J. W. Carter.
GAZETTE, JULY 25. ('LARKE, WILLIAM HENRY; MIDDLETON. RICHARD NOEL; and STOTT, GEORGE
Francis, solicitors, Leeds. July 21. Debts by W. H. Clarke and R. N. Middleton, who will continue to practise at the same address. G. F. Stott will practise in his own name in Leeds or elsewhere.