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Adams, Colonel Henry Cranstoun, V.D., 541 Farrer, Sir William James, 461
Gepp, Walter Payne, 47
Gibson, Thomas George, 461
Good, Henry, 333
Gowling, John, 409
Grey, Arthur, J.P., D.L., 283
Hawkins, John William, 518
Hill, John, 443
Howlett, James Warnes, 393
Hudson, Henry Arthur, 374
James of Hereford, Lord, 393
Jeyes, Samuel Henry, 208
Ludlow, John Malcolm Forbes, C.B., 566
Lunn, Robert, 71
McIlroy, Robert, K.C., 427
Mackay, Æneas, J. G., K.C., IL.D., !57
Makower, Stanley Victor, 461
Martini, Maître Charles, 208
Mellor, 'J. W., K.C., 566
Moore-Bayley, John, 427
Mothersole, Hartley. B.N., 409
Neligan, Sir John Chate, K.C., 232
New, Leonard, 566
Action for statements imputing drunkt nriegs Impartiality of the Speaker, 345
Peers eligible for seats in the House of
discussion relating to matters in which they mediate in extreme cases between contend-
ing parties in the State, 322
made out for return of a member during by a dissolution of Parliament, 385
à recess, 554
Plural voting, 59
Issue of writs for election of members where Political crisis, the, 295
the members elected havo been unseated on Position of the Home Secretary in reg'ird to
tho relations existing between him and liis
Progress of affairs up to the adjournment for
Prorogations, length of, 36
Reconstruction of the Cabinet, 582
Reform versus revolution, 298
Rights to particular seats in both Houges of
Second readings of Bills, 274
Supremacy of the House of Commons, SS
Veto of the Crown, 111, 196, 273
128, 151, 176, 197, 221, 246, 274, 296, 323, 346, to enter the House after it has been deprived
of its present powers, 295
Parliament Bill in the House of Lords, 111 Writ of summons to the House of Lords, 323
Payment of members of the House of 361
PROMOTIONS AND APPOINTMENTS.
Coronation Honours, 183 :
Earldom of United Kingdom.
Viscounty of United Kingdom.
Baron of United Kingdom.
Davey, James Stewart, C.B.
Gore, Sir Francis Charles,
Ilunter, Sir Robert, C.B.
Mathews, Sir Charles W.
Mellor, John Paget, C.B.
Judd, Joseph C., K.C., 282
Langolier, Sir Francis Xavier, 24
Lascelles, Alfred George, 24
Lawrie, Allan James, 536
Lemieux, Hon. F. Xavier, 115
Linton, Frederick, 135
Lodder, George Frederick, 555
Lord, Theodore, 249
Lorimer, J. Campbell, K.C., 469
Mackenzie, W. Lyon, 469
Martin, George Maynard, 249
Martin, John Stuart, 332
Matthews, Ilerbert Ambrose, 183
Neish, Edward B., 469
O'Connor, Charles Andrew, K.C., 469
O'Halloran, J. W., 249
Ottley, John Bickersteth, 224
Parker, James Kenyon, 305
Pickersgill, Edward Hare, M.P., 282
Pollard, Emmanuel Elliott Scipio, 205
Pollock, Ernest Murray, K.C., M.P., 584
Purcell, Gilbert Kenelm Treffry, 363
Ramsden, Harold H., 536
Rhodes, C. T., 332
Richards, Mr Justice Henry George, 24
Risley, John Shuckburgh, 43
Roberts, His Honour Judge Bryn, 249
Safford, Frank, 305
Sandford, Herbert E., 135
vill, E. W. J., 115
Shepherd, T. D., 43
Sidney, Thomas Stafford, 332
Granger, His Honour Judge Thomas Colpitts, Smyly, Sir Philip Crampton, 350
Steel, Graham Strang, 509
Stephens, John, 24
Stockton, Arthur, 408
Tebbs, Henry Nelson, 62
Thomson, Bernard, 509
Tobin, Alfred Aspinall, K.C., M.P., SO
Tomlinson, Thomas Symonds, 43
Tudor, Daniel Thomas, K.C., 363
Welsh, John A., 469
White, John, 509
Williams, Seymour, 249
Wood, Vernon S., 249
Woollett, Charles, 115
Worsfold, Dr. T. Cato, M.A., 24
Wortley, Stamp William, LL.B., 43
Solicitor to the Ioland Revenue,
II. Matters Preliminary to Assessment.
III. Schedule A (Profits from Ownership of
Corporeal and Incorporeal Hereditaments).
IV. Schedule B (Profits from Occupation of
V. Schedule C (Government Securities, British,
VI. Schedule D (Profits derived from Trades and
Professions, Foreign and Colonial Property,
VII. Schedule E (Sularies and Pensions in Crown
VIII. General Allowances, Exemptions, and Abate-
IX. Miscellaneous Provisions applicable to the
X. Procedure subsequent to the Assessment.
TO READERS AND OORRESPONDENTS ...
SMITA (Surveyor of Taxes) v. LION LEADING ARTICL 88. -Topics of the
Week-Masters and Servants.........
Rerende_Inrome tax - Profis of
trade-Brewers-" Tied houses". COMMENTS ON CASES..........................
SUPREME COURT OF JUDIOATURE OCCASIONAL NOTEB.
LIMITED.- Employer and workman OUR LITERARY COLUMN.-Striking
- Injury hy accident-Compensa. Figures in the Legal History of
Disögurement 48 distinct England: Sir Samuel Romilly
from " incapacity for work" 327| LAW LIBRARY .........
HIGH COURT OF JUSTIOL. LEPISLATION AND JURISPRUDENCE. -
Re ROBINS' N: MCLABEN . PCBLIC
PARLIAMENTARY SUMMARY,- Topica 17
TRUSTKE.-Limitation of actions-
OBIMINAL LAW AND THE JUBIRDIC-
TION OF MAGISTRATES -Borough
331 Quarter Sessions-Topic - Metro-
Annual Meeting - Liverpool Quarter
Session 8: Joseph Jones and Co. r.
Re ODDY.– Trust-Public Trustee
Criminal Law and Prison Ruform...
Rigbt of appeal from-Need not be COUNTY COURT8.-Sittings of tho
Public Trustee Act 1906, s. 10, 1*... 338
GENERAL INTELIGENCE. - Fishmon-
GARWOOD 1. GARWOOD.-Partnership
- Covenant-Charge on partner's
Abare—" Gains and profits"-Con-
Bench and the Bar-Appointments
struction - Dissolution by death...... 341
under the Joint Stock Winding-up
Acts - Creditors ander 22 & 23
TCRNER 1. MIDLAND RAILWAY CON- LAW SOCIETIES.-The “ Blue Bag'
PANY.-Limitation of action-Com. PROMOTIONS AND APPOINTXENTE
Act-Property iojuriously affected 347
NOTES AND QUERIES.......................
RAILWAY AND CANAL COMMISSION LAW STUDENTS' JOURNAL - Univer:
sity of London-Students' Societies 25
LONDON AND NORTH-WESTERN RAIL- LEGAL OBITUARY. Sir Charles
RAILWAY COMPANY LONDON, KOM G., P.O.........
COMPANY, ANI SOUTH-EASTERN AND
MANAGING COMMITTEE,-- Railways
- Rateg-Undue preference............ 349' BIBTES, MARRIAGES, AND DEATHS
The above subject is one of those contained in Vol. XVI.
of “The Laws of England,” by the Earl of Halsbury
and a Distinguished Body of Lawyers (Managing Editor:
On Monday last Mr. Asquit: dealt collectively, in his state-
ment to the House of Commons, with the various questions
that had been addressed to him with reference to the appoiit.
ment of justices, and he made it abundantly clear that he does
not intend in any way to interfere with Lɔrd LOREBURN in
bis discharge of this important and difficult duty. Before
the present Lord Chancellor succeeded to that office there is
no doubt that considerable dissatisfaction existed, and not
without cause, with regard to the
justices of the peace. Particular political considerators
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Anonymous communications are invariably rejected.
All come unications intended for the Editorial Department should, in order to prevent
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ans contributions that may be sent on approval will te carefully considered by the
Editor: but no responsibility whatever can be accepted in respect thereof, although.
ir unsuitablo, every effort will be made to return them, provided tbat a stamped
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local advişory committees should be formed in order to assist the Lord Chancellor in his selection has been adopted, and during thd-last nine months twenty-two of these committees have been appointed in England, five in Wales, and nine in Scotland, and Mr. Asquith states that by August next it is expeeted that committees will be established in all the counties.
by the capitulations a company validly formed in a country enjoying the benefits of Turkish capitulations cannot be declared null and void in Egypt. The mixed tribunals take the view that British incorporation is not conclusive in Egypt when British companies' interests collide with those of foreigners or Egyptians, and that in such cases the mixed law is applicable. It is easy to see the importance and the difficulty of the whole matter. The answer to the question what is a foreign company must turn on a consideration of principles, and at once a difference of opinion arises as to the basic criterion. Some would look to the place where the articles were drawn up; others to the nationality of the founders, the place where the shares were issued, or the seat of its working, or its sphere of activity, and further circumstances weigh with other schools of thought. With the development of joint stock enterprise in Egypt these doubts and difficulties will become more and more exigent, and some solution, even if only by way of a modus vivendi, is earnestly to be desired at an early date.
*As these committees will be free to communicate with the Lord Chancellor direct if their recommendations are not accepted by the Lords-Lieutenant, and as every effort is to be made to see that they are of a representative character, their names being available for local publication, it is difficult to what scheme could have been better devised for obtaining recruits for the local Benches. Lord LOREBURN is to be congratulated upon having sternly resisted all political pressure to equalise the politics of the magisterial Bench, and we, in common with the rest of the Profession, are fully satisfied that in making these inferior judicial appointments, as in the case of his appointments to the High Court and County Court Benches, he has striven to obtain the best men possible for the posts. This ideal has not always been adhered to in the past, but it is merely stating an obvious fact that, if the high standard of our judiciary, whether in the High Court, County Court, or petty sessions, is to be maintained, the appointments must be made entirely free from any political or denominational considerations, and that the sole qualification for judicial office must be the fitness of the candidate himself. If high character and competency are considered as the only reasons for preferment, the composition of our judiciary will be beyond criticism.
That a sentence of two months' imprisonment should be passed for nonpayment of rates will doubtless come as a shock to the community at large, but committal to prison for this period was imposed by the Nailsworth Petty Sessions on the Rev. S. J. FORD for refusing to pay an education rate of 18. 9d., although he offered to pay £1 14s. 3d., being the amount of the poor rate included in the same demand. We are quite aware that this committal would be in respect of the whole rate demanded, but, at the same time, although no doubt the defendant had on previous occasions refused to pay the education rate, we say without fear of contradiction that the sentence passed was clearly excessive. Imprisonment for nonpayment of rates is in the nature of civil process, and, as the HOME SECRETARY pointed out, he was advised that he bad no power to annul the sentence—which he described as "stupid and vindictive "-as the perogative of the Crown does not cover cases of civil debt. We understand that Mr. FORD has been released owing to the money having been paid, but this case affords a good concrete example as to the law relating to imprisonment for debt. It will strike the layman as curious that justices should have power to pass a sentence of this description, whereas the term of imprisonment which can be inflicted by judges exercising jurisdiction under sect. 5 of the Debtors Act 1869 is limited to forty-two days.
STUDENTS of Lord CROMER'S work on Egypt will remember his comments on some of the very peculiar difficulties which arise out of the system of the mixed tribunals, and it will be found that some of the problems relating to the status of English companies in Egypt-a subject much discussed at the present time--are closely intertwined with these same difficulties. Conflicts of jurisdiction such as have arisen before in relation to criminal cases bave been to a large extent met by legislation, and the instances of friction between mixed tribunals and consulates, native courts, Mehkemes, and Patriarchates brought to light have not been without effect. It is now suggested that legislation should settle conflicts of jurisdiction in civil and commercial cases also, and that some commission should decide which court is to be deemed competent to determine a disputed matter. It is admitted, however, that the anguries for any such legislation at the present time are far from favourable. The difficulties arising out of company law are unusually great, and to some extent are caused by the different views entertained by British and continental jurists as to the status of a company. We look mainly to incorporation as determining nationality, but for this purpose a strong body of foreign legal opinion inclines to weighing a number of circumstances, and in Egypt we find a tertium quid in arts. 46 and 47 of the Code of Commerce. Under this, joint stock companies formed in Egypt are Egyptian and, if there formed, they must be formed in consonance with Egyptian law, and mere formality of foreign incorporation will not affect their Egyptian nationality. The question what is a “foreign company” is therefore a thorny one, and upon it conflict arises between the mixed tribunals and the British Consular Court.
MASTERS AND SERVANTS. Some of the most elementary questions of law which occur almost every day, and on which a lawyer may'at any unguarded moment be asked his opinion, are the most difficult to answer. Among these we must place questions between masters and servants. Custom or actual judicial decisions have, however, determined some of them.
For instance, “ by a long and well-established custom, it is settled that, in the absence of any agreement to the contrary, the hiring of domestic and menial servants is for a year and subject to determination on a month's-ie, a calendar month's -notice by either master or servant, or on payment of a month's wages by the employer”: (MacDonell's Law of Master and Servant, 2nd edit., p. 138). It has been urged that a further custom should now be recognised-pamely, that the contract of service can be determined on either side at the end of the first calendar month by notice given at or before the expiration of the first fortnight. The first month, according to this point of view, is a trial month in which the parties can find out if they suit each other.
In Mouli v. Halliday (77 L. T. Rep. 794; (1898) 1 Q. B. 125) the question as to the existence of this custom came before a Divisional Court, on appeal from a County Court judge who had held at no such custom as alleged existed and that the custom was unreasonable. Mr. Justice Hawkins thought that the alleged custom was reasonable, but as the County Court judge had held that there was no such custom, and he was the sole judge on questions of fact, the court could not interfere with his decision.
The two sides argue briefly on these lines: The British Consular Court holds that companies are like persons and have a persooal status, to be affected only by their own courts, and, where British companies are concerned, English incorporation confers Eoglish nationality, and, further, that