BERRY, ABRAHAM, Barnoldswick, Yorks, Weaver May Off Off BOLDY, ERNEST, Bradford, Whitesmith May 24 at 11 BROWN, CHARLES ARCHIBALD, Longsight, Manchester, Insurance Agent May 25 at 3 Off Rec, Byrom st, Manchester COOKNELL, GEORGE WILLIAM, Leamington, Coal Dealer DAVIS, JACOB, Leeds May 25 at 11 Off Rec, 22, Park row, Leeds EEWARDS, JAMES TREVELYAN, Aberavon, Glam, Licensed Victualler May 24 at 12 Off Rec, 31, Alexandra rd, Swansea FACKS, HENRY FREDERICK, Gutter lane, Cheapside May 24 at 2.30 Bankruptcy bldgs, Carey st Fox, SAMUEL CRANE, Upper Clapton May 24 at 12 Bankruptcy bldgs, Carey st GOLDSMITH, GEORGE WILLIAM, Crowborough, Sussex, Builder May 24 at 2.30 Mr Parris, 65, High st, Tunbridge Wells HARDCASTLE, THOMAS, Mabgate, Leeds May 27 at 11 Off Rec, 22, Park row, Leeds HAWLEY, HERBERT, Walsall, Fancy Leather Worker May 25 at 11.30 Off Rec, Walsall HEMBERY, WILLIAM, East Clevedon, Somerset, Seed Factor HERRTAGE, H C, Chancery lane, Public house Broker May HINDLE, ANDREW, Haslingden, Lancs, Clothlooker June 8 JONES, SAMUEL BANFIELD, Portland, Dorset, Traction Engine Driver June 3 at 11 King's Arms Hotel, Dorchester KELLY, WALTER, Oldham, Locksmith May 25 at 11 Off Rec, Bank chmbrs, Queen st, Oldham LOWE, WILLIAM, jun, Warrington, Carver May 25 at 2.30 LYNER, WILLIAM, Hunslet, Leeds, Boot Repairer May 25 PRIOR, CHARLES, Leicester, Carpenter May 24 at 12.30 RANSOM, HENRY STARLING, Holt, Norfolk, Solicitor May Portsmouth TATTERSALL, JAMES, Haslingden, Lancs, Insurance Agent June 8 at 1.30 County Court house, Blackburn COOKNELL, GEORGE WILLIAM, Leamington, Coal Dealer COWARD, JOHN, Dalton in Furness Ulverston Pet May 14 FIRTH, SIDNEY, Leeds, Hardware Factor GREGORY, WALLACE CHARLES, Kilburn, Lead Merchant April 15 Ord May 12 Blackburn Pet HINDLE, ANDREW, Haslingden, Lancs, Clothlooker Black- HUNTER, THOMAS, Warrington, Stationer Warrington JEFFERSON, DANIEL, Grassings, nr Kirkbride, Labourer Carlisle Pet May 12 Ord May 12 JOHNSON, FREDERICK THOMAS, Deptford, Firewood Mer- MILNES, ROBERT, Rochdale, Woolstapler Rochdale Pet MORGAN, JOHN, Talgarth, Brecknock, Boot Dealer Hereford Pet May 13 Ord May 13 MORRIS, WILLIAM, Trawsfynydd, Merioneths, Licensed Victualler Portmadoc Pet May 11 Ord May 12 NEVANAS, JOHN, Liverpool, Pawnbroker Liverpool Pet April 6 Ord May 12 NICHOLS, JAMES, Old Catton, Norfolk, Grocer Norwich Pet May 11 Ord May 13 NOEL, FRANK, Plaistow, Builder Edmonton Pet April 6 Ord May 11 NORMAN, TOм, Alconbury Weston, Hunts, Hay Dealer Peterborough Pet May 13 Ord May 13 ORMROD, ELLIS, Hindley, Farmer Wigan Pet April 1 Ord May 11 PATMORE, GEORGE HELLEN, Wiekford, Essex, Grocer Chelmsford Pet May 9 Ord May 9 PEREIRA, CHRISTOPHER CHARLES, Staines. Builder Kingston, Surrey Pet Nov 2 Ord May 13 POWELL, JAMES, Feltham, Farmer Kingston, Surrey Pet Feb 7 Ord May 13 SARJANTSON, WILLIAM, Gt Grimsby, Gardener Gt Grimsby Pet May 11 Ord May 12 SINKINS, WILLIAM JAMES, Frome, Somersets, Baker Frome Pet May 14 Ord May 14 SLATER, WILLIAM, and HEZEKIAH SLATER, Padiham, Lancs, Cotton Manufacturers Burnley Pet April 30 Ord May 12 STONE, ROBERT VOISEY, Bristol, Printer Bristol Pet April 29 Ord May 12 TATTERSALL, JAMES, Haslingden, Lancs, Insurance Agent Blackburn Pet April 15 Ord May 12 TERRY, ELIJAH, Barnsley, Yorks, Joiner Barnsley Pet May 14 Ord May 14 THOMAS, FRANCIS ALBERT, Bristol, Commission Agent Bristol Pet May 4 Ord May 12 TIDEY, CHARLES WILLIAM, Aldershot, Eating house Keeper Guildford Pet April 19 Ord May 12 WARING, HERBERT CHARLES, Bristol. Advertising Agent Bristol Pet May 3 Ord May 12 ERRORS IN FOOD AND DRINK. BY A SPECIALIST. It is dawning on the public to try and prevent, or at least to arrest, disease. It is in prevention that Kola plays an important part, acting solely as a first-class nourishing food-it strengthens the system to resist, oppose, and overcome the attacks of disease, You'll hear someone say, "So-and-so has a strong constitution"; follow that up, and you'll find that So-and-so follows the golden rule of being temperate in all things, and pays attention to diet and exercise. Does he or she keep up this strong constitution by taking medicine or swallowing pills? No, indeed! They have discovered that prevention is better than cure. Dr. Tibbles' Vi-Cocoa places a means in the hands of everyone to build up and maintain a sound constitution, which enables its possessor to travel his life's journey without the aches and pains which are in many cases preventible. Thus we come round again to sound common-sense based on experience. Consider for one instant how hops have played such an important part in the world's history. For hundreds of years this highly prized vegetable product has soothed and cheered mankind. What would beer be without hops? With or without beer (better without) it is a first-class bitter tonic and a food, and is, over and above all, what is called in medicine, a diuretic-that is, it acts specially on the kidneys. This is within the knowledge of most people. By its healthy action on the kidneys it, in conjunction with Kola, keeps those organs in healthy working order. The amount of good done by Dr. Tibbles' Vi-Cocoa on the kidneys cannot be over-estimated. When you see a man or woman bloated, soft, puffy under the eyes, suspect some kidney derangement. After using Dr. Tibbles' Vi-Cocoa this unhealthy, dull listlessness disappears, and on trial you will see how beneficially Kola and Hops have acted. Do not imagine, however, because you have a pain in the small of the back that you have kidney trouble. It may be a touch of lumbago, due to a sudden cooling of the muscle in that region, which will readily yield to Dr. Tibbles' Vi-Cocoa, combined with judicious exercise and temperance. All the leading medical journals recommend Dr. Tibbles' Vi-Cocoa, and Dr. G. H. Haslam writes: "It gives me great pleasure in bearing testimony to the value of ViCocoa, a mixture of Malt, Hops, Kola, and Caracas Cocoa Extract. As a general beverage it excels all previous preparations. No house should be without it." Dr. Tibbles' Vi-Cocoa can be obtained from all chemists, grocers, and stores, or from Dr. Tibbles' Vi-Cocoa, Limited, 60, 61, and 62, Bunhill-row, London, E.C. As an unparalleled test of merit, a dainty sample tin of Dr. Tibbles' Vi-Cocoa will be sent free on application to any address, if when writing (a postcard will do) the reader will name the SOLICITORS' JOURNAL. PARENTS and GUARDIANS.- A Toledowife would take charge of a little girl or two sisters, to be brought up with her own little girls; daily governess; kindest attention given; healthy locality (Cheshire).-Address HOME, c/o Solicitors' Journal Office, 27, Chancery-lane, W.C. WHITTLES, JOHN GIBSON, Manchester Salford Pet April LA 22 Ord May 12 WOOD, JOHN, Market Drayton, Licensed Victualler Nantwich Pet May 3 Ord May 14 WOOD, THOMAS, jun, Gt Grimsby, Fish Merchant Gt Grimsby Pet May 11 Ord May 12 AND Wanted (in North Middlesex or Herts), about 250 acres, with or without residence; high ground; gravel or chalk soil; within about 20 miles of town. Full particulars to C. O. C., Rookery, Woodford, Essex. WRIGHT, LOUIS CLEMENT, Thornton Heath, Hotel Pro- TO prietor Croydon Pet April 15 Ord May 11 BROWN, CHARLES ARCHIBALD, Manchester, Insurance Agent SOLICITOR desirous of increasing his con nection, would Purchase a Sound Practice or Succession in the City; could take over existing offices.-R. F., Solicitors' Journal" Office, 27, Chancery-lane. TIMMINS, SAMUEL RICHARD, Derby, Draper's Manager WANTED by a Gentleman about 35, with considerable legal and official experience, and social position, an Engagement as Private Secretary or other responsible position; highest references.-Box 96," Solicitors' Journal" Office, 27, Chancery-lane, W.C. NO NOBLEMEN, Members of Parliament, Solicitors, and others.-Freehold Ground-rent of £2,200 per annum, in one collection; well secured on Westend property; price 28 years' purchase.-Apply to BOND & SON, 31, Queen Victoria-street, E.C. THE HE SUBURBAN PROPERTIES CORPORATION, of 32, Finsbury-pavement, E.C., have the following Parcels of Freehold Ground-rents in the Suburbs of London for Disposal, at 28 years' purchaseviz., £30 10s., £36, £44, £40 and £27, and £80 at 27 years' purchase. FREEHOLD ESTATE for Sale, producing over £1,100 per annum, easily increased to £5,000; 25 minutes London; close to station.-Apply, letter, Mr. EVANS, 150, Fenchurch-street, E.C. PARTNER Wanted with £400 for Anglo- PROPERTY WANTED. Continental business (legal); partner to reside in Paris; good opening for a Young Solicitor.-Address PARIS, "Solicitors' Journal," 27, Che icery-lane, E.C. TO SOLICITORS, ACCOUNTANTS, and some building about to be erected on this commanding site, numerous Suites of light Offices, with use of hydraulic passenger lift.-Full particulars can be obtained at Messrs. JONES, LANG, & Co.'s Branch Office, Lonsdale-chambers, 27, Chancery-lane, where plans can be seen. AYDON, JAMES, Darlington, Fitter Stockton on Tees Pet ALFRED May 12 Ord May 12 BAXTER, HENRY THOMAS, Pet April 26 Ord May 13 Southall, Farmer Windsor BEHRMAN, ISAAC, Sunderland, Clothier Sunderland Pet March 11 Ord May 10 BISHOP, ABRAHAM, Chartham, Kent, Butcher Canterbury Pet May 13 Ord May 13 BINNINGTON, JAMES GIBSON, Kingston upon Hull, Bicycle Manufacturers Kingston upon Hull Pet May 13 Ord May 13 BREWER, DAVID KIRK, York, Tailor AHRENFELD, Handwriting Expert and Facsimilist, 44, Fleet-street, London, E.C. Special and immediate attention given to Provincial matters. York Pet May 12 Ord May 12 Spink Son ALUATIONS of Modern and Old LACES. Highest price given for Old Point and Modern Real Laces, Old Embroideries, &c.-HAYWARD'S, 11, Old Bond-street. Established 1770 in Oxford-street. FREEHOLD Ground-rents (2) for Sale, one on Offices and one on Flats; capital position; £1,500 and £2,000 per annum; together or separately; premises occupied by high-class tenants; price 30 years' purchase (£45,000 and £60,000), or near offer.-GEORGE BEKEN & Co., 2, Circus-place, E.C. DIAMONDS, PEARLS GOLD JEWELLERY, EST: 1772 Diamond Merchants NOW MOD FROM 1&2 GRACECHURCH SLONDON. VALUED PURCHASED REEXCHANGED $10,000 Valuations FOR THE + LEGAL + PROFESSION. PROBATE, &c. PROMPTITUDE LOW CHARGES. INCORPORATED LEGAL LAW THE COUNCIL invite attention to the following scheme of education, adopted n 1892 with the object of affording assistance to Articled Clerks. For the benefit of Clerks resident in London or who are able to attend, these classes are held and Tutors give advice and assistance at the Hall of the Law Society. To those Clerks who are articled at a distance from large towns systematic instruction with advice and help is given, and a course of preparation through the post has been formulated. POSTAL INSTRUCTION. In the case of students who have not passed the Intermediate Examination the instruction is by means of monthly papers, and deals with the selected portions of Stephen's Commentaries. For those who have passed the Intermediate Examination instruction is afforded by fortnightly papers, and embraces the following subjects: Equity, Conveyancing, Common Law, Bankruptcy, Criminal and Magisterial Law, Probate, Divorce, Admiralty, and Ecclesiastical Law. These papers both before and after the Intermediate Examinations are varied each year, so that students who may subscribe for more than one year's tuition receive additional assistance. These courses may be commenced at any time, but the Tutors recommend that the Intermediate course should be commenced at an early stage of the Articles, and the Final course soon after the Intermediate Examination has been passed. Books can be obtained from Messrs. Stevens & Sons, or other law lending library, for a subscription of a guinea and a-half to cover the course of work for the Final Examination, and Stephen's Commentaries can be supplied to either Class of Postal Subscribers, at a subscription of one guinea, on application to the Tutor, Dr. West. CLASS INSTRUCTION. Class instruction is also provided on the selected portions of Stephen's Commentaries and the subjects above named, and it is recommended that the classes should be joined after the expiration of a course of Postal instruction. Students can join the classes at any time, the fees being proportionate to the length of attendance. Rooms are provided where subscribers may study, and books are supplied without extra charge. Periodical test examinations are held by the Tutors. The Classes for Intermediate Students are held in the Hall of the Society on three afternoons in each week during the following periods: August to November; October to January; January to April; March to June. Students may subscribe for successive classes. LONSDALE-CHAMBERS, 27, Chancery lane, W.C.-To Solicitors, Accountants, and Others. -To be Let, numerous Suites of Offices at very moderate rents; hydraulic passenger lift.-Apply to Messrs. JONES, LANG, & Co., at the Estate Office on the premises. REAM'S-BUILDINGS, Chancery-lane. BREA To Solicitors, Accountants, Patent Agents, and Others.-To be Let in a handsome new building (with passenger lift) Suites of light Offices at moderate rents.Apply to Messrs. JONES, LANG, & Co., Estate Agents, Lonsdale-chambers, 27, Chancery-lane, W.C., where plans can be seen, THEATRES. LYRIC. Lessee, Mr. William Greet. Mr. Arthur Roberts' Season. THIS EVENING, at 8.15, DANDY DAN, The Life Guardsman; Mr. Arthur Roberts, Messrs. W. H. Denny, Blake Adams, Frank Barclay, Arnold Lucy; Misses Isa Bowman, Jane Grey, Kate Erskine, and Phyllis Broughton. PRINCE OF WALES'. THIS EVENING, at 8.15, LA POUPEE: Messrs. Courtice Pounds, Norman Salmond, Fred Storey, Martin Adeson, W. Cheesman, Dixon, Donald, and Willie Edouin: Mesdames Adelaide Newton, Gwen Powell, Beatrice Jeffreys, D. Salisbury, F. Turner, J. Wildey, Rosa, and Jessie Huddleston. THIS EVENING, at 9.0, THE J.P.: Mesdames Florence Lloyd, Edmund Phelps, Amy Farrell, Marie Daltra, Daisy Atherton, Adie Burt, Hettie Chattell, Lily Erratt, Kittie ORIENT SOCIETY. Classes for Final Students are held at the Hall of the Society on four afternoons each week during the following periods: August to January; January to June. These periods afford five months' class preparation, and students are a ised to subscribe for a full course, and certainly for not less than three months, otherwise the work must necessarily be hurried. Students may join the classes either before or after the Intermediate Examination without subscribing to the course of Postal instruction, but it is recommended that they should avail themselves of both modes of instruction. Subscribers to either Postal or Class instruction have the opportunity of consulting the Tutors upon the work of the course in personal interview or by letter at any time. RESULTS AND HONOURS. The results obtained have been satisfactory. At each of the last twelve examinations pupils have obtained honours, and the percentage of passes is a high one, exceeding 85 per cent. of between two and three hundred pupils who last presented themselves for examination. It has happened on several occasions that all Class pupils have been successful, and the same has occurred in the case of subscribers to the Correspondence Courses. TUTORS. Equity, Conveyancing, Common Law, Bankruptcy-J. CARTER HARRISON, 30, Bedford-row, W.C. Criminal and Magisterial Law, Probate, Divorce, Admiralty, and Ecclesiastical Law, Stephen's Commentaries-LEONARD H. WEST, LL.D., 19, Southampton-buildings, Chancery-lane, W.C. After Inter. Examination. £4 4 0 | (12 months) £6 6 0 660 (2 years) 880 4 4 0 (5 months) 330 770 (4 months) 550 990 ... 770 880 For three months' Class instruction For those who have previously subscribed for Postal instruction Cheques and Post Office Orders should be made payable to the SECRETARY, and crossed" Messrs. BARCLAY & Co., LIMITED." Law Society's Hall, Chancery-lane. Steamship "LUSITANIA," 3,912 tons register, from And the NORTH CAPE (for Midnight Sun), Managers: F. Green & Co.; Anderson, Anderson, & Co. For passage apply to the latter firm at 5, Fenchurchavenue, London, E.C.; or to the West-End Branch Office, 16, Cockspur-street, S.W. ASPATRIA AGRICULTURAL COLLEGE (via Carlisle), situated in one of the finest Stockraising districts of the country. Practical and scientific tution. Preparation for colonies. Six farms, creamery instruction. Success in Examinations of Surveyors' Instiworkshops. J SMITH HILL, B.A., B.Sc., Principal. To Her Majesty, the Lord Chancellor, the Whole of the ROBES FOR QUEEN'S COUNSEL AND BARRISTERS. Grattan: Messrs. Charles Fawcett, Laurence Caird, Alfred Law Wigs and Gowns for Registrars, Town VAUDEVILLE. THIS EVENING, at 8.20, THE FRENCH MAID: Messrs. Richard Green, George Mudie, Wyndham Guise, Murray King, H. O. Clarey, Barton de Solla, Percy Percival, J. W. Macdonald, and Joseph Wilson; Mesdames Louie Pounds, Alice Barth, Lillie Pounds, Hilda Jeffreys, and Kate Cutler. Clerks, and Clerks of the Peace, Corporation Robes, University and Clergy Gowns. ESTABLISHED 1689. NTERNATIONAL ADVERTISING. INT J. NEWLAND, Advertising Contractor, 5, Little Trinitylane, London, E.C., Inserts Advertisements upon the most advantageous terms in all British, Foreign, and Colonial Newspapers, Periodicals, &c.; printed list of the best papers; estimates and full particulars post free. LONSDALE PRINTING WORKS, LONSDALE BUILDINGS, 27, CHANCERY LANE. ALEXANDER & SHEPHEARD, PRINTERS and PUBLISHERS. BOOKS, PAMPHLETS, MAGAZINES. NEWSPAPERS & PERIODICALS. And all General and Commercial Work. Every description of Printing-large or small. Printers of THE SOLICITORS' JOURNAL Newspaper. Authors advised with as to Printing and Publishing. Estimates and all information furnished. Contracts entered into. 94, CHANCERY LANE, LONDON. S. FISHER, 188, Strand. MIDLAND GRAND (St. Pancras Station). LIVERPOOL BRADFORD ... £400,000 Proposal Forms and full information may be had at the Society's Offices. LEEDS DERBY MORECAMBE QUEEN'S MIDLAND MIDLAND X Mayor of Bury St. Edmunds v. West 523 Mayor, &c., of Mansfield v. Butter- 524 Mundy and Roper and Vendor and 522 Piers, In re. Ex parte Piers v. Read... 475 478 479 HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. X CURRENT TOPICS. THE INCORPORATED Law Society have issued a pamphlet containing the Solicitors Act, 1888, with the rules made thereunder, and a series of forms for use in proceedings under the Act, prefaced by clear and detailed instructions with regard to proceedings before the Statutory Committee. We print these instructions elsewhere. WE GIVE elsewhere the table of attendances of members of the Council of the Incorporated Law Society during the year ending the 15th of April last. The President is, of course, at the head of the list with 194 attendances, but his average has always been high; Mr. PENNINGTON has 151 attendances and Mr. BARKER has 133. As WILL be seen from the letter we print elsewhere, a petition addressed to the House of Commons, prepared by the Council of the Solicitors' Managing Clerks' Association, is in course of signature by members of that association and others transacting business at the Royal Courts, praying for the erection of passenger lifts at each entrance to the offices. The petition points out that the offices on the upper floors are chiefly those of the masters of the Chancery judges, the masters of the Queen's Bench Division, the Chancery registrars, the taxingmasters of the Chancery Division, the masters in Lunacy, and £390,000. the Admiralty registrars, with their respective staffs; that between these offices and those on the ground floors there is continual intercourse; that, excluding the two principal entrances to the courts, there are seven entrances to the various offices, and from the lower to the upper floors there is an average of 110 steps; that the ascent and descent of these steps entails great physical exertion, and, in the case of those who are unable to bear the severe strain, necessitates their having to rest at intervals, causing considerable inconvenience and loss of time; Mellor, The Right Hon. John W., Q.C., and that serious consequences to health have resulted by reason £3,000,000. INCOME YEARLY NEW BUSINESS-1,000,000. BUSINESS IN FORCE £11,700,000. 1893, s. 42, trustees, or the majority of trustees, having in their hands or under their control money or securities belonging to a trust, may pay the same into the High Court. Ord. 54B, r. 4, Irescribes the method for doing this. Where a trustee desires to make a lodgment under the above section, he must make and file an affidavit intituled in the matter of the trust and of the Act, and setting forth, among other things, the following in formation required by sub-section (d). We give the sub-section in full: "(d) The place where he is to be served with any petition, summons, or order, or notice of any proceeding relating to the money or securities." Now, this appears, at first sight, to be capable of only one interpretation. The trustee pays the money into court on his affidavit, and states therein an address for service, so that if any person claiming the money applies by petition or summons for payment out, he may serve the trustee at the address for service. If he proceeds by summons, it must of necessity be an originating summons, and it is therefore natural to infer that in such a case service of the originating summons at the address for service given in the affidavit is good service. The sub-section quoted above does not actually say this, but it appears to imply it in the most direct way; indeed, if that is not its meaning, it is not easy to see what it does mean. That is the common-sense view of the matter. IN INTERPRETING rules of court, however, common sense must be used with caution. The sub-section quoted above is not so young or so simple as it looks. It is in fact a provision with a past. It was taken from the repealed Funds Rules, 1874 (r. 34), which in its turn was taken from the Chancery Consolidated Orders (ord. 41, r. 1 (2)), which was a mere repetition of the Chancery General Order of the 10th of June, 1848, ord. 1. The original of 1848 provided that the trustee should state in his affidavit, among other things: "(2) The place where he is to be served with any petition or any notice of any proceeding or order of the court, or of the judge in chambers, relating to the trust fund." It will be seen, therefore, that the words are in effect the same, except that the word summons" has been introduced. In 1852, after payment into court by a trustee, a claimant petitioned for payment out to him as absolutely entitled. The trustee's affidavit contained the required address for service. He could not be found, and therefore could not be served personally. The petitioner applied in court to the Master of the Rolls for leave to serve the trustee at the address for service given in the affidavit. The Master of the Rolls, on being satisfied that personal service was not possible, gave the petitioner leave to serve the trustee at the address for service, but expressly reserved the right of the trustee to object at the hearing (Ex parte Baughan, 16 Jurist 325). In 1866 the same circumstances arose (Re Lawrence, 14 W. R. 93). The trustee in this case was a solicitor, and gave, in the affidavit for payment into court, the address of his office at 12, Watling-street. The petitioner served him by leaving a copy of the petition at that address with the trustee's partner. At the hearing it was shewn that the trustee could not be found at the address given, and that service had been effected in the manner stated. The case of Ex parte Baughan (supra) was cited. The court held that the service was bad. Vice-Chancellor KINDERSLEY said: "The court always requires trustees to be served, and there must be personal service upon the individual, ordinarily speaking. It is the duty of the person serving to find the party to be served. If he cannot be found, the place indicated may be a sufficient address." It appears, therefore, that the object of the original rule requiring the trustees to furnish an address for service in the affidavit for payment into court was, not to dispense with personal service of the petition or other proceeding dealing with the fund, but to secure upon the record an address whereat, if personal service could not be effected, substituted service might be ordered. It is a pity that in re-enacting the sub-section in 1893 words were not added clearly indicating its intention. As it stands it is misleading unless its past history is raked up to explain it. APART FROM the instance given above, it is a strange omission from the R. S. C. that they nowhere contain a provision as to how an originating summons is to be served. The Consolidated Orders did not contain any provision specifying the mode of service, and though the Act 15 & 16 Vict. c. 86 (1852), s. 45, required proof of "due service," it did not specify the kind of service required. According to Sidney Smith's Practice, ed. 1862, p. 909, the summons originating proceedings had to be served by delivering to and leaving with the party, or some member of his family, at his dwelling-house, a duly sealed copy of the summons. The practice of requiring personal service of an originating summons in the same manner as a writ of summons has grown up without direct statutory authority. It would be difficult to shake that practice now, because the R. S. C., 1893, prescribed a new form of originating summons containing mandatory words precisely similar to those in a writ of summons: "Let within eight days after service of this summons on him, inclusive of the day of such service, cause an appearance to be entered," &c. The only published statements in books of practice to the effect that an originating summons requires personal service are in Daniell's Chancery Practice, 6th ed., p. 970, and in the Annual Practice, 1898, p. 945. THE IMPORTANT question as to the proper course for magistrates to take when they are equally divided in opinion came again before a Divisional Court last week in the case of Reg. v. Wardle. In the course of a labour dispute at South Shields, over two hundred summonses were issued against workmen under the Employers and Workmen Act, 1875, for damages for breach of contract in wrongfully leaving their employment. The question was the same in each case, and the parties agreed that a test case should be taken, and that the result of that case should decide all the others. The test case against one CLARKE was heard before four magistrates, and they being equally divided in opinion, the chairman announced that the complaint was dismissed. The justices, no doubt, acted on the authority of the case of Reg. v. Ashplant (32 SOLICITORS' JOURNAL 679), in which the High Court held that where justices are equally divided at petty sessions, it is a proper course to dismiss the summons. This was, however, a criminal case, and in criminal cases an accused person is entitled to the benefit of the doubt. Hence it is reasonable that as on indictment a prisoner is frequently acquitted, not because the jury believe him to be innocent, but because many of them have a strong doubt, so in summary proceedings, unless a majority of the justices are convinced, the prisoner ought in fairness to have the benefit of the equal division. In the recent case, however, the High Court expressed some doubt as to whether in a civil case it is the proper course for magistrates, when equally divided, to dismiss the complaint. We venture to submit that it is not a proper course. In all cases at petty sessions it is well-established that the justices have power for any sufficient cause to adjourn the hearing. It is very common for justices when equally divided to adjourn the case so that it may be reheard before a bench consisting, wholly or partly, of magistrates not present on the first occasion. This is no doubt a justifiable step to take in many criminal cases, but, in our opinion, it is the only proper course in a civil case. In a civil case, a mere claim for damages for breach of contract, there is no principle by which either party should have the benefit of the doubt as in a criminal charge. The plaintiff is entitled to have a decision on the merits of his case, and it is impossible to argue that there has been a decision on the merits when the justices who have to decide the matter are equally divided. IT WAS NOT, however, CLARKE's case which was directly before the High Court in Reg. v. Wardle. In spite of the arrangement that the decision in CLARKE's case should decide all the cases, the employers proceeded against another of the workmen named BURROWS. In defence it was urged that the agreement in CLARKE's case was conclusive of BURROWS case, and that the matter was res judicata. The justices, however, heard the case and decided against BURROWS. A rule nisi was obtained against the justices to shew cause why they should not state a case, and it was this rule which was recently argued before the Divisional Court and discharged. The court held that the arrangement between the parties that CLARKE's case was to be a test case contemplated that there should be a decision upon the merits in that case. There had been no decision upon the merits, and therefore the complainants were entitled to proceed with another of the cases. Now, in criminal cases there can, properly speaking, be no such thing as a test case, for no agreement can bind an accused person to plead guilty when put upon his trial. In civil cases, however, where a number of actions raise the same issue, it is quite open to the parties to agree that one action shall be tried and that all the actions shall abide the result of that one, and such agreement will be binding. In the absence of agreement, also, the court may order that one of such actions shall be tried as a test action. But wherever one of a number of actions is taken as a test action whether by agreement or by order, it must also be understood that the other actions depend upon the result of the test action only if the test action be decided upon its merits. Thus in the year 1877 seventyeight separate actions for misrepresentation in a prospectus were brought against the same defendants by different plaintiffs. The question was precisely the same in each case, and the court made an order that one should be tried as a test action, and the others stayed (Amos v. Chadwick, 4 Ch. D. 869). When the selected case came on for trial, however, the plaintiff declined to proceed, and the action was accordingly dismissed with costs, the merits never having been gone into (Robinson v. Chadwick, 7 Ch. D. 878). Therefore, as the test action had, without any fault of the other plaintiffs, failed to be a real trial of the issue between the various plaintiffs and the defendants, the court ordered that another action should be substituted for that which had so failed (Amos v. Chadwick, 9 Ch. D. 459). Although this series of cases does not appear to have been brought to the notice of the Divisional Court, their decision was quite in harmony with them and was, no doubt, quite right. It is quite clear that any other view of the law would be very dangerous indeed, for in circumstances like the Chadwick cases, the plaintiff in the test case might be induced not to proceed with his action, when a gross miscarriage of justice would be the consequence. IN COMMENTING on the decision of KEKEWICH, J., in Re De Nicols, De Nicols v. Curlier (reported ante, p. 252), we remarked with satisfaction on the clear statement and application of principle contained in the judgment. The decision has been reversed by the Court of Appeal, not on principle (as to which the court apparently agreed with KEKEWICH, J.) but on authority. The circumstances of the case were as follow: In 1863 Mr. and Mrs. DE NICOLS, French subjects who had been married at Paris in 1854 without a settlement, came over to England and settled in London. The domicil of both the spouses had always theretofore been French, but it was not disputed that they afterwards acquired an English domicil. They had between them a small fortune of about £400, and with this money they set up a small café near Regentstreet the forerunner of the well-known café of the same name in Regent-street. By means of the prosperous business to which this led, and in other ways, Mr. DE NICOLS amassed a fortune of about £600,000. He died in February, 1897, having by his will (in which he declared himself to be a domiciled Englishman) given his residuary real and personal estate upon trusts generally for the benefit of his wife for life, and afterwards of his only child, a daughter, and her husband and children. Madame DE NICOLS, however, claimed to be absolutely entitled to one-half of the testator's movable property, in accordance with the French law as to communauté égale de biens, which law, she contended, as the law of the domicil of both parties at the date of the marriage, continued to govern the mutual proprietary rights of the spouses. Hence arose the important and difficult question whether the subsequent change of domicil could alter those proprietary rights. This question of private international law was the more interesting, and not the less difficult, because eminent jurists in different countries have taken widely different views upon it. Put shortly, the contradiction is between the Scotch and American authorities, which, on the whole, adopt the view that a change of domicil after marriage entirely alters the rights of the spouses, on the one hand, and the continental authorities, which, on the contrary, regard the law of the matrimonial domicil as conferring rights not liable to be subsequently modified. Mr. WESTLAKE, in his work on Private International Law (paragraph 36), went so far as to lay down, as the result which, though not yet formulated, would almost certainly be adopted by the English courts when the question distinctly arose, that, in the absence of express contract, the law of the matrimonial domicil regulates the rights of the husband and wife in the movable property belonging to either of them during the marriage. By the matrimonial either of them at the date of the marriage, or acquired by domicil is to be understood that of the husband at the date of there is an agreement for an immediate change of domicil. the marriage, with a possible exception" of cases where KEKEWICH, J., preferring the principle which has found favour on the continent, gave judgment upholding the plaintiff's claim. LINDLEY, M.R., however, in delivering the considered judgment of the Court of Appeal, while distinctly expressing a preference on principle for the view adopted in the court below, There is, it seems, no English case deciding the point; a finds the matter settled by authority in an opposite sense. curious state of things when it is considered how often the question must have arisen in practice. But in the Scotch appeal of Lashley v. Hog (4 Paton 581), in the House of Lords, the exact point was decided, the decision, as the Master of the Rolls remarks, not being "based only on the law of Scotland," but on "a most important principle of private international law." That case, therefore, the Court of Appeal treated as conclusive of the present dispute. The question raised, indeed, that the English and the Scotch courts should be allowed to seems to be one of those upon which it would be intolerable take different views. It would seem to be one important function of the House of Lords, in its appellate capacity, to enforce, as it has done in regard to the question of domicil itself, uniformity of treatment in the two countries of legal puzzles of this character. In the present case, therefore, it is satisfactory to note that no contradiction has emerged between the English and the Scotch Courts. THE "STANDARD" of Tuesday contained a remarkable "Order of Procession" at Mr. GLADSTONE's funeral, which was stated to be published on the authority of a news agency, and purported to represent the direction of the Heralde' College. We not unnaturally searched the long list in order to see what arrangements the Earl Marshal had made for the representation of judicial personages and legal functionaries generally. We confess to having experienced a feeling of surprise at seeing in the foremost place, among the representatives of Law and Justice, "Masters in Chancery." One would hardly have expected the Heralds' College to be so well versed in recent legal changes as to know that there are Masters in Chancery in these days. It is true that their proper title is "Masters of the Supreme Court," but one-half of the masters are on the Queen's Bench side and one-half on the Chancery side, and it certainly appeared at first sight somewhat surprising that the latter should have alone been invited to take part in the procession. A further examination of the list, however, disclosed peculiarities which showed that the "order of the procession " supplied to our contemporary was not quite up to date, for, while "the Judge of the Admiralty" was included (there being no such office), the Lords Justices of Appeal were omitted. The list, in fact, was apparently an old one touched up for the public delectation. Its actual date cannot of course be determined, but we think it must be about fifty years old, because the "Masters in Chancery" therein referred to could only have been the important body bearing that title who were abolished by the Court of Chancery Act, 1852, and from the fact that the "Judge of the Admiralty" was given a leading position in the procession, we are inclined to think that it formed the programme of the State funeral of some naval hero. The puzzle is to find the missing hero. |