Page images
PDF
EPUB

was

was

[ocr errors]

of the Act, and if not, was there any refusal to sell under the statute; the position is just the same as if Cronmire had not died at all, but had (2) whether, no 'second tender having been made by the constable merely become bankrupt upon the 24th of April.

As to the second Duncan for the half-pound of coffee in accordance with section point, I say that, in order to prevent set-off, there must be a binding 17, there

any refusal to sell under the statute ; (3) agreement between the parties that there shall be no set-off. If Cronmire whether, in the absence and ignorance of the appellant, had lived and the broker had proved in his bankruptcy for his claim the there was any refusal to sell on his part; and (4) whether trustee could have set off the dishonoured cheque, and that seems to the manager, having acted without anthority and expressly involve the conclusiou that the set-off is operative in favour of either disobeyed the orders of the appellant, there a refusal to party. Judgment for defendant.--Counsel, Robson, Q.C., and R. J. sell on behalf of the appellant? The sale of Food and Drugs Act, Willis ; H. Reed, Q.C., and Edward Clayton. Solicitors, H. H. Boorns; 1875, provides-section 13: “Any medical officer of health, inspector Ward, Perks, & McKay. of nuiệances, or inspector of weights and measures,

or any

(Reported by P. M. FRANCKE, Barrister-at-Law.? police constable under the direction and at the cost of the local authority appointing such officer, inspector, or constable, or charged with the execution of this Act, inay purchase any sample of food or drugs" for the purpose of analyeis, and section 17: “If any such officer, inspector, or constable as above described shall apply to purchase any article of food

LAW SOCIETIES. or any drug exposed to sale

in any shop or stores, and shall tender the price for the quantity which he shall require for the purpose CHESTER AND NORTH WALES INCORPORATED LAW of analysis and the person exposing the same for sale shall

SOCIETY, refuse to sell the same to such officer, inspector, or constable, such

The seventeenth annual meeting of this society was held at the Town person shall be liable to a penalty not exceeding ten pounds."

Hall, Chester, on Friday, the 18th of February, 1898. Mr. H. J. Birch, Tue Court (Wright and DARLING, JJ.), dismissed the appeal without president, in the chair. calling on counsel for the respondent.

The prize for articled clerks, founded by Mr. John Allington Hughes, Wright, J.-With regard to the first question, we must take it that when president of the society in 1891-2, was presented by the president to the police-constable was acting under the general authority of the Mr. Thomas John Davies, of Pwllheli, North Wales, who served his respondent, and, if so, the case comes within section 13. Although he articles with Mr. Richard Roberts, of Pwllheli, and who was placed in the was not himself an authorized official he was acting under the authority, second c'ass at the Honours Examination held in June, 1897. of one who was. As to the second question, there was clearly a refusal

The report of the committee and the treasurer's accounts for the pastto sell, and the fact of no second tender having been made is immaterial. year were received and adopted. With regard to the other questions a more serious question is raised, How The following officers of the society were unanimously elected for the far the owner of a shop is liable for the act of his manager ? An employer ensuing year : Mr. R. S. Chamberlain, of Llandudno, elected president ; is liable for the act of his servant in such a case as this, upon the Mr. F. E. Roberts, of Chester, elected vice-president ; Mr. F. B. Mason, well-known principle that where the gist of the offence is not in reality of Chester, elected' hon. treasurer; and Mr. R. Farmer, of Chester, recriminal then the master may be held liable. It seems to me that these elected hon. secretary, Food Adulteration Acts could not be worked if persons who keep shops

The following gentlemen are the committee for the year: Messrs. W. were not to be held liable for acts done by their servants in carrying on D. Jolliffe, E. S. Giles, D. Dobie, and H. J. Birch, all of Chester; F. the ordinary course of the business. I think, therefore, this appeal Cooke, of Crewe; Jas. Porter, of Conway; T. Bury, of Wrexham; Gay ought to be dismissed.

Francis, of Denbigh; and F. J. Gamlin, of Rbyl. DARLING, J., concurred.-COUNSEL, Jordan ; Clay. SOLICITORS, T. s. Messrs. F. W. Sharpe and O. P. Douglas, both of Chester, were reSproston, Newcastle-under-Lyme; Ridsdale ģ Son, for F. C. Hulton, elected auditors. Preston.

The annual dinner was held at the Queen Hotel, Chester, after which (Reported by Sir SHERSTON BAKER, Bart., Barrister-at-Law.]

Mr. Birch said, on behalf of the members of the society, that all had felt for a long time that they were so greatly indebted to Mr. Farmer, who had been their hon. Eecretary for eleven years, that they would like to

testify their great appreciation of his valuable services. The proposal to Bankruptcy Cases.

make a presentation had been most heartily responded to by seventy-five WATKINS v. LINDSAY. Wright, J. 24th Feb.

members of the society, and he now asked Ñr. Farmer to accept the

accompanying present as a mark of their sincere regard, with his and the BANKRUPTCY-MUTUAL CREDIT AND Set Orr-BANKRUPTCY Act, 1883 (46 society's best wishes for a long and happy life. & 47 Vict. c. 52), s. 38.

Mr. Farmer, in reply, said he felt very much the kind remarks of Mr.

He thanked them for This was an action brought by the plaintiff as trustee in the adminis. Birch which had been re-echoed by all present. tration of the estate of A. A. H. Cronmire, deceased, to recover the the valuable present and assured all that he should always prize it most amount of a cheque drawn by the defendant 'in favour of Cronmire and highly. stopped by him after Cronmire's death, and after the order for the The presentation consisted of a gun specially made to order and a administration of his estate in bankruptcy. The defendant contended handsome silver bowl upon which was the following inscription : "Prethat he had a claim against Cronmire which arose after the latter's death, sented (with a gun) by seventy-five members of the Chester and North and that he was entitled to set off this claim against the amount claimed Wales Incorporated Law Society to Richard Farmer, Esq., in recognition of by the plaintiff. The facts and arguments are set forth in the his long and able services as secretary to the society." judgnient.

WRIGHT, J.-Cronmire on the 14th of April, 1897, had a speculative The following are extracts from the report of the committee:accouut open with his stockbroker which might result, on the next Members.--The society now numbers 144 members. For the first time account day, in a profit or a loss. It has not been argued that it was a for many years past there bas been a decrease in the number of members. gaming account, and I must allow it to have been genuine. Wanting It is thought that there are still a good many solicitors in the district who money upon the 14th of April, he gave orders to his stockbroker to sell ought to join the society, and the committee invite the attention of some securities for cash, and upon the 15th of April he received the members to the subject. proceeds in the form of a cheque for the amount produced by the sale, less County Court Rules (March), 1897.-Strong protests against certain of the amount of the balance due from him on the last account This these rules were made by the Incorporated Law Society (U.K.) and the cheque he put into his safe meaning to cash it upon the next day, but Associated Provincial Law Societies. The rules were withdrawn, and upon the next day he died. Upon the 24th of April an order under draft substituted rules were issued in May last. In November last your section 125 of the Bankruptcy Act, 1883, was made for the administration committee, at the invitation of the Incorporated Law Society (U.K.), of his estate in bankruptcy, and the trustee appointed under that order formulated detailed objections to the draft® rules, to be laid before the immediately presented the cheque, but payment thereof was refused by County Court Committtee of that society. The thanks of the conmittee the stockbroker's bankers by the direction of their customer. Upon the are due to Mr. F. B. Mason for his assistance on this subject. 28th of April a further balance became due from Cronmire to his stock. House Agents. The committee call attention to the statement in the last broker in respect of the speculative accouut mentioned above; and the annual report of the Incorporated Law Society (U.K.), that communicaquestion which I now have to decide is whether the stockbroker is entitled tions bave passed between the council of that society and the Commissioners to set off that balance against the debt in respect of which the cheque was of Inland Revenue upon the subject of a firm of house agents filling up a given. The stockbroker contended that he was entitled to set off his printed form of an agreement for lease under eal, with the result that the claim under section 38 of the Bankruptcy Act, 1883. The trustee, on the commissioners state that they will in future regard the filling up of a form other hand, raised two contentions—firstly, that according to the doctrine such as that in question as a contravention of section 44 of the Stamp of administration (Rees v. Watts, 11 Exch. 410; Newell v. The National Act, 1891. Should any such case come under the notice of any member Provincial Bank, 24 W. R. 458, 1 C. P. D. 496; Re Gregson, 36 Ch. D. be should bring it before the committee. 223), a debt not payable by the deceased in his lifetime cannot be set off against a debt which did become payable to him in his lifetime ; secondly, it was contended that the events of the 14th of April put an end to any

THE BIRMINGHAM LAW SOCIETY. mutuality as between matters before and matters after that date, and The following are extracts from the report of the committee: amounted to a settlement on the 14th of April upon the terms that the Officers and committee.--In October last Mr. Arthur Godlee, who had cheque and the money represented thereby belonged thenceforth to been president of the society since September, 1895, resigned his office in Cronmire, and, therefore, now belong to his administrator, discharged order that his successor might be elected an extraordinary member of the from any set off for future liabilities. As to the first contention, I cannot Incorporated Law Society, U.K., at the October meeting of that society, find the doctrine in the authorities cited recognized in, or applicable to, Your committee passed a resolution of thanks to the retiring president bankruptcy in cases where, as here, the claims on either side result from for the large amount of work he had done on behalf of the society, contractual dealings between debtor and creditor. It seems to me that I especially during the visit of the Incorporated Law Society, U.K., to

Students.

Attendance.

..4

[ocr errors]
[ocr errors]

...

Birmingham last year, when, as we are sure all our members will agree, fession will watch with interest the trial of the measure, wherever it may he so well represented our society and upheld its dignity. Mr. T. H. take place. It is at any rate satisfactory that, owing to the efforts of the Rassell was unanimously elected to be president in Mr. Godlee's place, law societies, the Act is to be tentative and experimental only, and that and Mr. A H. Coley was similarly chosen to fill the post of vice-president there will thus be ample opportunity for the public at large, who have vacated by Mr. Russell. In March, 1897, Mr. T. H. Russell resigned the hitherto shewn but little interest in the matter, to see from an example in office of honorary secretary and treasurer, which he had so worthily and their midst whether or no the scheme will produce the advantageous energetically occupied for the past eight years, and Mr. Walter Barrow results they bave been led to expect. was elected in his itead. The society are under a heavy obligation to Mr. Russell for his indefatigable efforts, when honorary secretary, to promote LEGAL AND GENERAL LIFE ASSURANCE SOCIETY. the interests of its members, and it is a matter for congratulation that he

The sixty-first annual meeting of the Legal and General Life Assurnow presides over its affairs. Members. Since the last annual meeting twelve new members have ance Society was held on Tuesday at the society's house, 10, Fleet-street,

Mr. William WILLIAMS presiding. been elected, three bave ceased to be members, and two have died ; the number now on the register is 330; seventeen barristers have during the effected with the society under 586 policies for the sum of £1,135,793 159.

The report stated that during the past year new assurances had been year subscribed for the privilege of using the library.

The new premiums thereon had amounted to £52,217 163. 31., of which Lau classes. - The numbers attending these classes again show a con

£6,945 128. 9d. was paid away for the re-assurance with other offices of siderable increase, the attendance of the senior class being much larger £253,450, leaving £45,272 3s. 6d. as the new premiums on £882,343 15!., than in any previous year. In all, fifty-eight students joined the classes the net risks retained by the society. In addition to these new premiums in the course of the year. It is satisfactory to see that the efforts of our the society had also received the sum of £421 188. 3d. in respect of assurvery excellent reader, Mr. Pearson, are being thus appreciated. Mr. Pearson especially wishes to warn students against putting off reading net premium income amounted to £269,300 43. 8d., being an increase of

ances payable only in the event of death from fatal accident. The total for their final until the last few months, as it is to be borne in mind that £12,445 11s. 3d. upon that of 1896. The total net claims amounted to a very wide range of subjects are now included in this examination, for £202,624 12s. 32., caused by 100 deaths, and two endowment policies wbich the intermediate can hardly be called a preparation. Your committee have reappointed Mr. Pearson as reader for the ensuing session, matured, as against £174,554 146. in 1896, caused by 104 deaths, and one

endowment policy matured. The first-mentioned sum included and they have also received an intimation from the Council of the made to the Law Lecture Fund by the Council will be continued for additions amounted to the large average increase of 54 per cent. The Incorporated Law Society, U.K., that the annual grant of £100 hitherto £29,547 33. paid as bonus additions, and in cases in which bonuses bad

not been previously surrendered for cash or reduction of premium, the 1898. The following table shows the number of students who joined total number of ordinary policies in force at the end of the year was 6,252, during the past year, and their average attendance :

assuring with bonus additions £11,699,209. The total assets of the No. of

Average society, increased during the year by the sum of £143,766 63. 11d., SENIOR.- 1st Term

amounted on the 31st of December to £3,385,598 03. 7d., and, productive 30

20.9 and unproductive, yielded an average rate of £4 18. 10d. per cent. These 2nd 3rd

27

20:3

assets included £2,168,203 03. 2d. invested on mortgages of real and JUNIOR.- 1st

personal property. Of these mortgages only £24,817 103. 6d. remained 23

15 2nd

upon mortgage of property in Ireland, and it was anticipated that this 3rd

25

15 8

sum would be repaid in a short time. The other mortgages which were

on property in England or Wales had been recently investigated by the County Court Ruies.- In March of last year some new County Court directors, and the result of such investigation was satisfactory. Rules were introduced, the effect of which was, in the opinion of your Mr. E. COLQUHOUN (actuary and manager) having read the notice con. committee, to impose a needless and vexatious burden upon plaintiffs vening the meeting, who desised to sue persons residing out of the jurisdiction of their own The CHAIRMAN moved the adoption of the report and balance-sheet. county court. This society, as well as many of the other law societies, He said there were very few present, but he supposed that was really in memorialized the Lord Chancellor on the subject, and, in the end, the consequence of the very satisfactory report which had been sent to every new rules objected to were withdrawn.

shareholder. It was his duty to submit the report for the year 1897, and Address to the Lord Mayor.-Mr. Councillor O. G. Beale, a valued member it might, perhaps, be interesting if he made a few observations with of our society, having received the honour of election as Lord Mayor of respect to it. It would be seen that the new annual premiums for last Birmingham in November last, your committee decided to present to him year had amounted to no less than £45,272 3s. 6d., which was the largest an address of congratulation. The ceremony took place in the council sum the society had ever received for new premiums since its institution chamber, on Wednesday, the 15th of December, in the presence of more than sixty years ago, and this notwithstanding the fact that last upwards of a hundred of our members. The address (suitably illuminated year was generallý supposed to be a holiday year. People were making and bound) was presented by the president, Mr. T. H. Russell (who, as holiday, but the society really did a great deal more than during the year well as Mr. Alderman Johnson, made a short speech), and was warmly before, and the year before that. As far as the last five years were conacknowledged by the Lord Mayor.

cerned the vet annual premiums had been increasing from £32,000 in Land Transfer Act.-After being introduced into several sessions of 1892 to £33,000 in 1894, and upwards of £43,000 in 1895. In 1896 they Parliament, this Bill has at last in the course of the past year become an dropped to £40,000, but last year had brought them up agaiu to Act, and came into force on the 1st of January last. The first part of the £45,272. The society's assets had increased also by £143,776 6s. 110., Act makes the personal representatives of a deceased person to be also his and its assets, which were all well secured, now amounted to real representatives, and enacts that real estate shall vest in them in the £3,385,598 0s. 7d., and of that sum but £24,817 103. 6d. now remained same way as leaseholds. Generally speaking, the effect of this part of the due upon the only Irish mortgage the society possessed; and that was in Act is to place the devolution of the legal estate in realty on almost the course of being liquidated. The estates had been sold, and it was expected exactly the same footing as that in chattels real; but the devolution of that in the course of a very few months the whole of that £24,000 wonld be the beneficial interest is not affected, except that the assent of the real paid. The premium income amounted to £269,300, a larger sum than the representative is required to a devise of realty, as that of the personal society had ever received before. The claims had amounted only to representative is to a bequest of leaseholds. Apparently, however, in the £202,624 12s. 3d., and, as they would see, the premium income was. case of an intestacy, an express conveyance (and not a mere assent) will between £60,000 and £70,000 more than sufficient to meet the claims.. be necessary from the real representative to the heir. The real represen- The increase of the total premiums over 1896 was £12,445 11s. 3d. It. tative may sell realty in the course of administering the estate, but the might, perhaps, be interesting to the members present to be told that order of liability of real and personal estate to the payment of debts and thirty years ago—that was to say, at the end of 1867, the net annual legacies remains unchanged. The main object of the Act, however, is to premiums amounted only to £14,840 14s. 70. From that time until 1886; amend the provisions of the Land Transfer Act of 1875, by compelling the they fluctuated, never amounting to £14,000 again, but going to £11,000 owners of land to register their titles in a public registry. This has, of and £8,000, to which sum they dropped in 1886. But in that year the couree, been the crux of all the Land Travsfer Bills previously introduced. society fortunately secured the services of their excellent manager, Mr. A number of modifications proposed in the Bill by the Incorporated Law Colquhoun, and from that time the premiums had steadily increased until Society, U.K., having been accepted by the Lord Chancellor, and on the the society had actually received net premiums amounting to £15,000 understanding that the operation of the compulsory powers was to be during the past year. The assets had in the meantime increased in the restricted to some comparatively small area, and then only if the county same proportion. In the year 1867, thirty years ago, the total assets of council of the area in question did not object, that society and the the society amounted only to £1,479,476. They now amounted to associated provincial law societies determined to withdraw further opposi- £3,385,598, or very nearly £2,000,000 in excess of what they were tion. The Yorkshire law societies, who feared that some portion of their thirty years ago. The premium income bad increased in the same county would be selected as the first part of England in which the Act proportion. In 1867 the total premiums were only £129,214 93. 6d. They might be tried, were not satisfied with the position, and as a result of had now increased to more than double that sum, being £269,300. The their opposition and negotiations the Bill was still further modified so as total annual income of the society from its investments was at the present to ensure a fuller trial of the scheme before its operation is extended. As moment £109,100 8s. 8d. As would be seen from the accounts, the the Act stands, the first area in which the compulsory powers are to be directors had thought it right for the first time to credit the actual sum put in force is to be fixed by an Order in Council, and it has been pro- which previously had been credited to the reversionary purchases posed to apply the Act to the county of London. A two-thirds majority amounting to £11,006 183. 6d. In the previous accounts, as would be of the county council may, however, prevent the Order in Council from found from the accounts for the previous year, the income from the coming into force, and no order is to be made for three years after the investments was stated to be £116,255 03. 11d., but that sum included the first. The London County Council have requested the opinion of the sum which the directors always anticipated would be received when the vestries and other public bodies as to the advisability of trying the Act reversions which the society had purchased came into possession ; but the within the metropolitan area. Several of the leading vestries have directors had thought it right for the purposes of the present account to reported adversely to the experiment being made in London. The pro- distinguish that from the actual amount received from the society's

a

investments; and that was the reason the sum credited for actual income received amounted to £109,100. Then there was £11,000, and that was

LAW STUDENTS' JOURNAL. for the sum credited to reversions, making, therefore, the £120,107 7s. 20. as against £116,285 last year, being an increase of more than £3,000 a

INCORPORATED LAW SOCIETY. year. The society could not expect, he was afraid, to continue to make

HONOURS EXAMINATION. its investments as profitable as in former years. They all knew that the rate of interest was greatly reduced, and during the last year the average

January, 1898. rate of interest received by the society was £4 ls. 10d. per cent. It At the examination for Honours of candidates for admission on the was very gratifying to be able to inform the shareholders that the ratio of roll of solicitors of the Supreme Court, the Examination Committee expenses to premium income had been considerably reduced, and recommended the following as being entitled to honorary distinction. whereas in 1893 it was 12.5 it had now gone down to 11.2. That was a very satisfactory reduction. In concluding he observed that if any

FIRST Class. shareholder wished to make any observation or ask any questions he should be glad, with the assistance of Mr. Colquhoun, to answer them.

[In order of Merit.] Mr. R. PENNINGTON seconded the motion.

Joun LARDEN WILLIAMS, B.A. Oxon., who served his clerkship with The Chairman remarked that it was satisfactory to find there was no Messrs. Batesons, Warr, & Wimshurst, of Liverpool. discontented shareholder in the room.

John EUSTACE Jones, who served his clerkship with Mr. Samuel Smith, The report was adopted.

of the firm of Messrs. Walker, Smith, & Way, of Chester; and Messrs. The CHAIRMAN said he had to announce that during the past year the Chester, Mayhew, Broome, & Griffiths, of London. society had had the misfortune to lose two of its directors, the late Mr. HERBERT ARTHUR PRITCHARD, who served his clerkship with Mr. Henry Jas. Curtis Leman and Mr. Chas. Harrison, both of whom were very well Davis Jolliffe, of the firm of Messrs. Jolliffe & Jolliffe, of Chester; and known in the profession. During the same year their most excellent Messrs. Chester, Mayhew, Broome, & Griffiths, of London. solicitor, Mr. Nathaniel Tertius Lawrence, had resigned his office as John Douglas Peel, B.A. Oxon., who served his clerkship with Messrs. solicitor, and was thereupon elected a director. He had been long con- | Morrell & Son, of Oxford. nected with the society and was valued supporter, and the

SECOND Class. board were glad to welcome him. He was elected to supply the place of Mr. Leman, and he now offered himself for re-election. The other

[In Alphabetical Order.] directors who retired in the ordinary course were Mr. F. P. Morrell, Mr. Harry Reginald Cleaver, who served his clerkship with Mr. Arthur C. R. Williams, himself, Mr. G. E. Frere, Sir James Parker Deane, and Augustus Padley, of Market Rasen. Mr. E. H. Ellis-Danvers, and they offered themselves for re-election. Thomas Berridge Cox, who served his clerkship with Mr. Robert Henry The retiring directors having been re-elected,

Speed, of Nottingham; and Messrs. Walter Hamlyn Speed and Percy The CHAIRMAN said the retiring auditors were Mr. Kenyon C. 8. Parker Charles Harvey, of London. and Mr. J. S. Follett.

Isaac Arthur Huskisson Everett, B.A. Oxon., who served his clerkship These gentlemen were also re-elected.

with Messrs. Hand, Blakiston, Everett, & Hand, of Stafford. On the motion of the CHAIRMAN the usual remuneration of £300 was Clement Everitt, who served his clerkship with Dr. Ernest Ivens voted to the auditors.

Watson, of Norwich ; and Messrs. Nicholson, Graham, & Graham, of Mr. W. E. CAPRON moved a vote of thanks to) the chairman and Lundou. directors, which was carried.

Ralph Percival Jenkins, who served his clerkship with Mr. Claudius The CHAIRMAN, in returning thanks, said he would have been glad if George Algar, of London. some one of the shareholders had moved a vote of thanks to the society's Thomas Jennings, who served his clerkship with Mr. Charles Ernest excellent manager, and to the staff to whose services its success was Cadlo, of the firm of Messrs. J. G. Wilson, Ornsby, & Cadle, of Durham. greatly indebted. As that had not been done he had very great pleasure Aneurin Jones, who served his clerkship with Mr. Daniel William in moving it, and he thought that all the directors would very gladly join Jones, of Merthyr Tydfil. in thanking Mr. Colquhoun and the general staff, from whom they had Basil Leach, who served his clerkship with Messrs. Western & Sons, of received the greatest possible assistance and to whom they were very London. greatly indebted for the success of the society. He moved “That the Harry Leonard, who served his clerkship with Mr. John William Piercy, tbanks of the society be tendered to Mr. Colquhoun and the rest of the of Huddersfield. staff for the services they had rendered to the society during the past Sidney Lowenthal, B.A. Oxon., who served his clerkship with Messrs. year.” He was sure the motion would be carried upanimously.

North & Sons, of Leeds; and Messrs. Williamson, Hill, & Co., of The motion having been adopted,

London, Mr. Colquhoun expressed his gratification at the vote, and assured the John Stuart McLellan, who served his clerkship with Mr. William meeting that the staff would endeavour to continue to deserve their appro- Arthur Edward Headley, of the firm of Messrs. Headley & Roberts, of bation. Referring to the report, he said that he thought the only point to London. which the chairman had not alluded was the fact that people usually Martin Rees Richards, who served his clerkship with Mr. William Buck. expected to see a considerable falling off the first year after a quinquennium. ley Roderick, of Llanelly. Fortunately the society had escaped that, and there had been a consider Walter John Wenham, who served his clerkship with Mr. Ernest able increase of business.

Stratton Gerrish, of the firm of Messrs. Gerrish & Foster, of London. The proceedings then terminated.

Daniel Williams, who served his clerkship with Mr. William George, of

Portmadoc.
UNITED LAW SOCIETY.

Joseph Croydon Winser, who served his clerkship with Mr. Robert

Martin, of London. The annual dinner of this society was held on Monday, February 28,

THIRD Class. at the Inns of Court Hotel. Mr. Justice Darling presided, and there was

[In Alphabetical Order.] a good attendance of members and their friends. The toasts were “The Queen,” proposed by the chairman ; “The United Law Society," pro

Alfred Crerar, who served his clerkship with Mr. George Wood Turney, posed by the chairman, to which Mr. c. W. Williams (chairman of the of the firm of Messrs. Collin & Turney, of Maryport. society) responded ; "The Visitors," proposed by Mr. George Elliott, and John Beckley Eastley, who served his clerkship with Messrs. Eastley & responded to by Mr. R. A. Germaine ; and the chairman responded to the Co., of Paignton ; and Messrs. Torr, Gribble, & Co., of London. toast of his own health, proposed by Mr. C. H. Kirby (secretary of the

Thomas Henry Royston Evans, who served his clerkship with Mr. society).

Charles Fraacis Martelli, of London.

John Henry Franckeiss, who served his clerkship with Messrs. Cousins

& Burbidge, of Portsmouth; and Mr. Arthur Walter Mills, of London. LAW ASSOCIATION.

Ernest David Glanley, who served his clerkship with Mr. Martin At a meeting of the directors, held at the Hall of the Incorporated Law Augustus Jenkins, of Aberavon; and Messrs. Crowders & Vizard, of Society on Thursday, the 3rd inst., the following being present-viz. : London. Mr. R. J. Pead (chairman), Messrs. S. J. Daw, R. H. Peacock, J. Vallance, Leonard Rudolph Maidment, who served his clerkship with Mr. Edward and Arthur Carpenter (secretary) - seventeen new members were admitted Hobbs, of the firm of Messrs. Ryde & Hobbs, of Portsmouth; and Messrs. to the association, and the ordinary general business was transacted. Chamberlayne & Short, of London.

George Terry Maudling, who served his clerkship with Mr. William Moore Shirreff, of the firm of Messrs. Morley, Sbirreff, & Co., of London.

Alfred Darby Minton-Senhouse, who served his clerkship with Mr. John A Dublin correspondent of the Daily News says: The Right Hon. Booth Lazenbý, of the firm of Messrs. Booth & Lazenby, of Newcastle-onSamuel Walker, who has just gone on the Connaught Circuit as Commis- Tyne. sioner of Assize, supplies the first instance in legal history of that office

George Rodhouse Reid, who served his clerkship with Messrs. King, being filled by an ex-Lord Chancellor. Mr. Walker, who was Lord Wigg, & Co., of London. Chancellor of Ireland in the late Administration, from 1892 till 1895,

Francis Henry Ware, B.A , LL.B. Camb., who served bis clerkship accepted, on his resignation of the Great Seal of Ireland, the honorary

with Mr. Sydney Gedge, M.P., of the firm of Messrs. Gedge, Kirby, & position of an "additional" lord justice in the Irish Court of Appeal. Millett, of London. Under the provisions of the Irish Judicature Act, which received the The Council of the Incorporated Law Society have accordingly given Royal Assent last August, it is provided that "additional” lords justices class certificates and awarded the following prizes of books : may, with their own consent, act as commissioners of assize. Tře Irish To Mr. J. L. Williams, B.A. Oxon.-Prize of the Honourable Society Lord Chancellor, desiring that this provision should not be a dead-letter, of Clement’s-inn-value about £10; and the Daniel Reardon prize-value has requested Mr. Walker to become a commissioner of assize.

about twenty guinoas.

To Mr. Jones—The prize of the Honourable Society of Clifford's-inn- over this division of the Court of Appeal during the period from the value ten guineas.

beginning of 1883, when the courts first took up their abode in the present To Mr. Pritchard–The prize of the Honourable Society of New-inu- building, down to the end of last Trinity Sittings. value five guineas.

The Lord Chief Justice of Ireland, Sir Peter O'Brien, while out To Mr. Peel, B.A. Oxon.-Prize of the Incorporated Law Society-value hunting with the Kildare hunt on Saturday was, says the St. James's five guineas.

Gazette, thrown from his horse and sustained injuries to his arms and also To Mr. Richards—“The John Mackrell Prize”-value about £12. a severe shaking. He was conveyed in sa covered conveyance to his resi

The Council have given class certificates to the candidates in the second dence, where he remains, suffering considerably from the shock, but not and third classes.

in danger. Under the circumstances his lordship's circuit arrangements Eighty-one candidates gave notice for the examination.

have been cancelled, and his place in the Spring Assizes will be taken by

Lord Justice Holmes.
LAW STUDENTS' SOCIETIES.

A meeting of peers, Members of Parliament, judges, and others

interested in the movement for perpetuatiog the memory of the late Sir LAW STUDENTS' DEBATING SOCIETY.–March 1.-Chairman, Mr. Archibald Frank Lockwood was, says the Times, held in one of the committee rooms Hair.—The subject for debate was, “That the case of Re Tomlinson, Tom of the House of Commons on the 24th ult. On the motion of Lord James linson v. Andrews (1898, 1 Ch. 232), was wrongly decided.” Mr. Arnold of Hereford, Lord Rosebery took the chair. After discussion the Jolly opened in the affirmative; Mr. H. C. Geare seconded in the affirma- desirability was affirmed of erecting memorials both in London and in tive. Mr. Rupert Blagden opened in the negative ; Mr. A. M. W. Kerr York, and the following were appointed a committee to ascertain the seconded in the negative. The following members also spoke : Messrs. A. wishes of York and to make recommendations concerning the form and Dixon, W. M. Pleadwell, A. W. Sells, W. B. King, Archer White, J. H. sites of the proposed memorials : The Lord Chief Justice, Lord Glenesk, Bate, Haseldine Jones, and Neville Tebbutt. The motion was lost by Lord James, Sir Robert Reid, Mr. James Lowther, Colonel Lockwood, five votes.

the Attorney-General, Mr. Alfred Pease, Mr. Butcher, and Mr. Hare.

In the House of Commons on Monday Sir J. Kennaway asked the

Home Secretary whether he had received from Mr. Justice Darling the LEGAL NEWS.

presentment of the grand jury of the county of Devon made at the last

assizes at Exeter, that in cases of conviction of indecent assault upon OBITUARY.

girls under sixteen the judge should have power to order the infliction of Sir WILLIAM HENRY STEPHENSON, K.C.B., lat. Chairman of the Board corporal punishment; whether he had received other communications of

a similar nature ; aud if he was prepared to take action in the direction of Inland Revenue, died on Tuesday, after an attack of influenza. He suggested. Sir M. W. Ridley said: I have received numerous present. was the son of General Sir Benjamin Charles Stephenson, G.C.H, and

on this subject from Deton and other counties; but I am afraid I do not served as private secretary to Sir Robert Peel from 1841 to 1847. He was

see my way to proposing the amendment of the law which they principal clerk assistant to the Secretary of the Treasury till was recommend. appointed Chairman of the Board of Inland Revenue in 1862 by Mr. In the House of Commons on Wednesday, Serjeant Hemphill moved Gladstone. He was created a K.C.B. in 1871. In June, 1877, he retired the second reading of the Solicitors (Ireland) Bill. He explained that its on his full pay.

object was to assimilate the law in Ireland to the law in England regu

lating the profession of solicitor. The first part of the Bill dealt mainly APPOINTMENTS.

with definitions, and the second part contained certain clauses embodying Mr. Justice KennEDY has been elected a Member of the Council of regulations providing for the examination and lectures which solicitors

must undergo before being sworn in. A further provision enabled Legal Education in place of Mr. Montague Crackanthorpe, Q.C., who

solicitors' clerks under certain conditions to become solicitɔrs. Seven has resigned.

years' service as a solicitor's clerk with three years' indenture would Mr. Henry FERGUS TRAILL, solicitor, of the firm of Traill & Howell, qualify for admission as a solicitor. The Bill also altered the conditions 46, Queen Victoria-street, E.C., and Shortlands, Kent, has been appointed under which the examinations and lectures were held. It gave the Incora Commissioner for Oaths.

porated Law Society of Ireland control over the examinations and the Mr. J. E. CRANSTON LESLIE, solicitor (Leslie & Hardy), 17, Bedford-row, power to appoint professors, that control and that power being subject to London, has been appointed a Justice of the Peace for the county of the approval of the chief judges in Ireland. The Bill also enabled barMiddlesex. Mr. Leslie was admitted in 1876.

risters who had been practising for five years, and who wished to become solicitors, to enter the profession on removing their names from the list

of barristers, but without undergoing any apprenticeship. It further CHANGES IN PARTNERSHIPS.

proposed certain changes in machinery and other matters of detail, not DISSOLUTIONS.

involving any great principle. In cases of misconduct by solicitors, for JAMES JOHN HUTCHINSON and GEORGE CHARLES TIJOU, solicitors (Hutchin- example, it was proposed that the complaint should come before a discon & Tijou), 2, Gresham-buildings, Basinghall-street, London, and at ciplinary committee or committee of council of the Incorporated Law Stratford. The said James John Hutchinson will, as from the 31st of Society, and that on their report the Lord Chancellor should exercise his said, and the said George Charles Tijou will as from the said date practise and ordered to be referred to the Standing Committee on Law. December, 1897, practice in his own name at 2, Gresham-buildings afore power of striking the solicitor off the roll or of suspension, or of making

such other order as he might think fit. The Bill was read a second time in his own name at Stratford aforesaid.

[Gazette, March 1.

INFORMATION WANTED.
Re HENRY HENSMAN, Esq., deceased, of 22, Blomfield-street, Paddington,

PENDING LEGISLATION. who died on the first (1st) of October, 1897.-£500 Reward.--The above

EVIDENCE IN CRIMINAL Cases. reward will be paid to anyone that can trace the Will of the above said Henry Hensman, dated Eighteen hundred and ninety-seven (1897). introduced by the Lord Chancellor :

The following is the Evidence in Criminal Cases Bill, which has been -Address, Mrs. A. C. Damper, Speldhurst, near Tunbridge Wells.

A Bill intituled an Act to amend the Law of Evidence. Mrs. Fanny HEIMANN, deceased.- Any person having information as to Be it enacted, &c. any Will or Property of the above lady, who died at Ramsgate in Feb 1. Competency of witnesses in criminal cases.] Every person charged with ruary, 1898, is requested to communicate with Spyer & Sons, Solicitors, an offence, and the wife or husband, as the case may be, of the person so No. 58, New Broad-street, E.C.

charged, shall be a competent witness at every stage of the proceedings,

whether the person so charged is charged solely or jointly with any other GENERAL

person. Provided as follows: Mr. Justice Mathew has left town for a change of air, and is not

(a) A person so charged shall not be called as a witness in pursuance of

this Act without his consent; expected to return to court for some days.

(6) The wife or husband of the person charged shall not, save as in this Mr. Justice Byrne was indisposed, and unable to take his seat in court Act mentioned, be called as a witness in pursuance of this Act on Thursday.

without the consent of the person so charged; Mr. Edwin Plumer Price, Q.C., who has been Recorder of York since (c) Nothing in this Act shall make a husband compellable to disclose 1866, and is in his 80th year, announced his resignation of that office in any communication made to him by his wife during the marriage, his charge to the grand jury yesterday.

or a wife cow pellable to disclose any communication made to her The House of Lords Standing Committee met on Tuesday for the first

by her husband during the marriage ; time this session for the consideration of the Marine Insurance Bill (which

(d) A person charged and being a witness in pursuance of this Act was referred to a Select Committee), the Bail Bill, and the Public Record

shall not have the right to refuse to answer any question on the Office Bill, which were ordered to be reported.

ground that it would tend to criminate him as to the offence

charged; The Pall Mall Gazette says that the Secretary of State for India will

(e) A person called as a witness in pursuance of this Act shall not be shortly have two important appointments to fill, one of them being the Chief Justiceship of the North-West Provinces of India, on the retire

asked, and if asked shall not be required to answer, any question

tending to shew that any person charged has committed or been ment of Sir John Edge, Q.C.

convicted of any offence other than that wherewith he is then During Tuesday morning, says the Times, Viscount Esher, the late charged, or is of bad character, unless Master of the Rolls, came into Appeal Court No. 1 and sat on the bench (i) the proof that he has committed or been convicted of such other with the Lords Justices for some time listening to the business. He was

offence is admissible evidence to shew that he is guilty of the provided with a chair close to the place in which he generally presided

offence wherewith he is then charged; or

(ii) the person charged has asked questions of the witnesses for Bill, therefore, is to ensure that as to all land the title for the purpose of

the prosecution with a view to establish his good character, sale and mortgage shall be simple and absolute, and that trusts and other or called witnesses to his good character, or otherwise has rights and claims, including death duties and other Government duties, given evidence of good character; or

shall be kept off the market title and shall form a second title, not con. (iii) the person charged and called as a witness has given evidence cerning a purchaser or mortgagee, which shall in case of sale attach to the

against any other person charged with the same offence. purchase-money. The Council of the Incorporated Law Society have for 2. Calling of wife or husband in certain cases.] (1.) The wife or husband some time past considered the time had arrived when this further develop, of a person charged with an offence under any enactment mentioned in ment of the Conveyancing Acts and Settled Land Acts could be carried the schedule to this Act may be called as a witness without the consent of out with advantage. They therefore in 1895 instructed Mr. E. P. the person charged.

Wolstenholme, who prepared those Acts for the late Earl Cairns, to draft (2.) Nothing in this Act shall affect a case where the wife or husband the present Bill, which he has done with the assistance of Mr. B. L. of a person charged with an offence may at common law be called as a Cherry. The Bill would be very short but for the necessity of providing witness without the consent of that person.

for existing and future settlements. It is essential to the scheme of the 3. Application of Act to Scotland.] In Scotland, in a case where a list of Bill that there should always be an estate owner capable of making a title witnesses is required, the husband or wife of a person charged shall not be to a purchaser. A check is provided against wrongful parting with the called as a witness in pursuance of this Act, unless the name of the estate by a scheme of cautions and inhibitiors similar in many respects to husband or wife, as the case may be, appears in the list of witnesses for that which is in force under the Land Transfer Acts. The proofs of either the prosecution or the defence.

marriages, births, deaths, failure of issue, and other matters of pedigree, 4. Provision as to previous Acts.] This Act shall apply to all criminal shewing the title of a tenant in tail, and also his disentailing deed, will be proceedings, notwithstanding any enactment in force at the commence immaterial. The result will be that, as regards transactions taking place ment of this Act.

after the commencement of the Act, no evidence of title will be required 5. Extent, commencement, and short title.] (1.) This Act shall not extend by the purchasers except documents conveying or vesting the estate, in to Ireland.

other words, the market title consisting of transfers of the absolute (2.) This Act shall come into operation on the expiration of two months interests. The estate owner, having an absolute power of disposition, from the passing thereof.

will convey free from all charges affecting his estate, and none of the pre(3) This Act may be cited as the Criminal Evidence Act, 1898. sent searches will be required as regards liabilities arising after the com

mencement of the Act, except for lands improvement rent charges (the SCHEDULE.

register for these may be conveniently removed to the Land Registry); ENACTMENTS REFERRED TO.

and, as regards cautions and inhibitions, the vendor will produce a certificate that none are in force. The Bill provides that the executor or

administrator shall be the real as well as personal representative, and Session and Chapter.

Short Title.
Enactments referred to.

proposes to repeal and replace the corresponding provisions in the Land

Transfer Act, 1897. Especial care has been taken to give effect to the 6 Gco. 4, c. 83. The Vagrancy Act, The enactment punishing a

manifest intention of those provisions, and at the same time to facilitate 1824.

man for neglecting to the proper working of that Act in connection with registered land. The maintain or deserting his Bill gives a power to the real representative to assent in writing to the wife.

land passing to their heir, devisee, or person entitled under a settlement 8 & 9 Vict. c. 83. The Poor Law (Scot- Section eighty.

so as to avoid the necessity for a deed in those cases where, under the laud) Act, 1845.

existing law, the land would pass without one. This will also have 24 & 25 Vict. c. 100. The Offences against Sections forty-eight to fifty. the effect of leaving the position of stamp duty unaffected. If the the Person Act, five.

Government assent to the clause as to death duties, a purchaser will take 1861.

free from all such duties. It is conceived that the revenue will not in any 15 & 16 Vict. c. 75. - The Married Wo Section twelve.

way suffer by such assent in consequence of land being made to vest in men's Property

the real representative, who will be personally liable to see to payment of Act, 1882.

dnties, and, moreover, the Government can be protected by a caution, 47 & 48 Vict. c. 14. - The Married Wo The whole Act.

This is the existing principle as regards stock and also as regards land men's Property

held on trust for sale; further, a sale under the Settled Land Acts or Act, 1884.

under a power frees the land from succession duty. Under the Bill now 48 & 49 Vict. c. 69, - The Criminal Law The whole Act.

proposed all settlements, existing as well as future, are brought under the Amendment Act,

new system, and no proof will be required of any matter of pedigree 1885.

arising after the commencement of the Act, except as to deaths, of which 57 & 58 Vict, c. 41. . The Prevention of The whole Act.

probate or letters of administration will be sufficient conveyancing Cruelty to Chil.

evidence. This is shewn by the epitome of specimen abstracts contained dren Act, 1894.

in the first schedule to the Bill.

8

10

.12

7
8

9
...............10

COURT PAPERS.
THE INCORPORATED LAW SOCIETY'S CONVEY.

SUPREME COURT OF JUDICATURE.
ANCING BILL.

ROTA OF REGISTRARS IN ATTENDANCE ON
APPEAL COURT Mr. Justice

Mr. Justice The following is the memorandum prefixed to the Conveyancing Bill pro

Date.

No. 2
NORTI.

STIBLING. moted by the Council of the Incorporated Law Society :

Monday, March

7 Mr. Carrington Mr. Farmer Mr. Ward This Bill is in substance the same as that introduced in 1897 and read a

Tuesday

Jackson
King

Pemberton Eecond time in the House of Lords. The alterations consist of amend. Wednesday

9
Carrington
Farmer

Ward

Thursday ments in the Settled Land Acts and in the Married Womeu's Property

Jackson
King

Pemberton
Friday

.11
Carrington
Farmer

Ward Acts, called for by recent judicial decisions and in the real representative

Saturday

Jackson
King

Pemberton sections of the Land Transfer Act, 1897. The Bill proceeds on the lines

Mr. Justice Mr. Justice Mr. Justice of the reformas carried out with complete success by the late Earl Cairns

KEKEWICI.

ROMER.

BBNE. in the Conveyancing Acts and Settled Land Acts. By virtue of the

Monday, March

Mr. Beal
Mr. Pugh

Mr. Rolt Settled Land Act, 1882, tenants for life have power to sell and convey any Tuesday

Leach
Lavie

Godfrey settled land, the purchase-money being retained to answer the trusts, and Wednesday..

Beal
Pugh

Rolt
Thursday

Leach

Lavie purchasers obtain a clear title freed from the trusts. This principle was

Godfrey Friday

Beal

..............11 It had always been acted upon as regards land held upon trust Saturday .......................12

Pugh

Rolt not new.

Leach
Lavie

Godfrey for sale by the trustees of money settlements. Such land was always so conveyed as to keep the trusts off the title. This has hitherto also been

HILARY SITTINGS, 1898. the case as regards land held for a term of years which cannot be conveyed with successive interests, but only as an entire estate. The same principle

COURT OF APPEAL.

App motus ex pte -org!

mots-apps from ords made applies and is still more familiar in the title to stocks and shares where

APPEAL Count II.

Wednesday 2 on interlocutory mots (sep trusts do not concern a purchaser or mortgagee, and each transfer passes Final and interlocutory appeals from the

list) and Chan final apps if

required the whole property absolutely. The scheme of the Bill is to extend this Chancery, and Probate, Divorce, and principle to all land. It provides that as to all land every transfer sball

County Palatine apps and Admiralty Divisions (Probate and Di Thursday

( Chan final apps

vorce), and the County Palatine and convey the whole fee simple or an absolute term of years so that the

Friday

Stannaries Courts. market title will be an absolute title free from trusts, and a purchaser or

Saturday

Chan final apps

Mon., Feb. 21 mortgagee will be concerned only to acquire the market title in the whole Tuesday ...22

Chan final apps

Monday..

Tuesday fee simple or term of years. Each successive owner of a fee simple or of

App motns ex pte-org1

App motns ex pte-org1 a term of years will have an absolute power of disposition similar to the

mots-apps from ords made

mots-apps from ords made

Wednesday 9 on interlocutory mots (sep power of sale now given by statute to mortgagees, and will be able to Wednesday 23 on interlocutory mots (sep

list) and Chan final apps if

list) and Chan final apps if make a complete title. All trusts will be removed from the title, which

(required

required will be reduced to a series of simple transfers of absolute interests. The Thursday ...21

Thursday ...10 Bill is framed to fit in with the scheme of the Settled Land Acts by Saturday....28 Chan final apps

Friday ......11

Saturday ...12 > Chan final appe making a tenant for life the estate owner with a restriction on sale, the Monday.....28

Monday......14 purchase-money being retained to answer the trusts. The object of the Tues, Mar. 1

Tuesday ...15

3

5

« PreviousContinue »