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The Solicitors' Journal and Reporter.

X

X

LAW REVERSIONARY INTEREST

VOL. XLII., No. 50.
SOCIETY, LIMITED
24, LINCOLN'S INN FIELDS, W.C.

ESTABLISHED 1853.
Capital

£400,000

LONDON, , OCTOBER 15, 1898. Debentures and Debenture Stock

£180,000 REVERSIONS BOUGHT.

LOANS MADE THEREON.
The Editor cannot undertake to return rejected contributions,

ud Proposal Forms and full information may be had at the Society's Offices. W. OSCAR NASH, F.I.A., Actuary.

copies should be kept of all articles sent by writers who are not on MIDLAND RAILWAY HOTELS..

the regular staff of the JOURNAL. LONDON, N.W. Within Shilling cab fare of Gray’s-inn, Inns of Court, Temple Bar, MIDLAND GRAND

Law Courts, dc. Buses to all parts every minute. Close to King's

Cross Metropolitan Ry. Station. The New Venetian Rooms are (St. Pancras Station). available for Publicand Private Dinners, Arbitration Meetings, &c.)

Contents. LIVERPOOL

ADELPHI

Close to Central (Midland) Station.
BRADFORD

MIDLAND
Excellent Restaurant.
CURRENT TOPICS

819

815 LAW STUDENTS' JOURNAL................. LEEDS

QUEEN'S
In Centre of Town.
SOLICITORS AND THE JUDICIAL TRUS-

Tas RIGHT OF MARITIME CAPTURE 820 DERBY

MIDLAND
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TEES Acr ...

817 MORECAMBE

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LEGAL NEWS

S18 HEYSHAM-HEYSHAM TOWER, nr MORECAMBE. Lovely Country. Golf.

REVIEWS

WINDING UP NOTICES

923 Tariffs on Application. Telegraphil Address "Midotel." CORRESPONDENCE 818

823 Adelphi " Turtle" Soup forwarded from Adelphi Hotel, Liverpool, per quart jar 183.:

CREDITORS' Norices...

819 per pint jar, 9s, 6d., carriage paid. Speciality for Invalids.

New ORDERS, &c,

BANKBUPTOY NOTICEB................ ........

821 WILLIAM TOWLE, Manager Midland Railway Hotels. LAW SOCIETIES

819
THE OLDEST & WEALTHIEST EXISTING MORTGAGE INSURANCE OFFICE.
THE LAW GUARANTEE AND TRUST SOCIETY,

Cases Reported this Week.
LIMITED.

(BEFORE THE VACATION JUDGE.) SUBSCRIBED CAPITAL £1,000,000. PAID-UP - £100,000

Re Companies Acts, 1862-1893, and Re The Gee Floor Scrubbing FIDELITY GUARANTEES OF ALL KINDS. ADMINISTRATION AND LUNACY

Co. (Lim )

819 BONDS. MORTGAGE, DEBENTURE, LICENSE, AND CONTINGENCY INSURANCE. TRUSTEESHIPS FOR DEBENTURE-HOLDERS, &c.

CURRENT TOPICS. HEAD OFFICE: 49, Chancery-lane, W.C. | CITY OFFICE: 56, Moorgate-street, E.C. IN ACCORDANCE with the statement which we made on the IMPORTANT TO SOLICITORS

24th ult., it is now announced that an intimation has been

received by the General Purposes Committee of the London In Drawing LEASES or MORTGAGES of LICENSED PROPERTY

County Council to the effect that it is proposed to postpone until To see that the Insurance Covenants include a policy covering the risk of

the 1st of January next the date for putting into operation the LOSS OR FORFEITURE OF THE LICENSE.

Order in Council of the 18th of July last, under section 20 of the Suitable clauses, settled by Counsel, can be obtamed on application to Land Transfer Act, 1897, for the compulsory registration of THE LICENSES INSURANCE CORPORATION AND title to land on sale in the county of London.

GUARANTEE FUND, LIMITED,

24, MOORGATE STREET, LONDON, E.C. Mortgages Guaranteed on Licensed Properties promptly, without special valuation and at loro rates.

A SOMEWHAT anomalous state of things arising under the

“conscience clause" of the new Vaccination Act has lately LEGAL AND GENERAL LIFE ASSURANCE been brought to light in several different places. That Act

exempts from penalties any person who "satisfies two justices SOCIETY.

in petty sessions that he conscientiously believes that ESTABLISHED OVER HALF A CENTURY. vaccination would be prejudicial to the health of the child."

Now, it very frequently happens that five, or more, justices ara 10, FLEET STREET, LONDON.

present at petty sessions. These justices form a court, each

member of which has exactly the same amount of authority as FREE,

any other member. The chairman therefore has no casting vote SIMPLE,

in case there is an even number of justices who are equally divided in opinion. The majority decide any point on which the justices are not agreed, and if they are equally divided, it has been held that the proper course is to dis niss a summons, or else to adjourn the case for a re-hearing before a larger bench. Under the Vaccination Act, however, it does not seem to be necessary for an applicant for a certificate of conscientious objection to satisfy the court. It only requires him to satisfy two magistrates in petty sessions. Several cases have oc

curred lately in which applicants for these certificates have AND

made their applications to a bench consisting of five or more SECURE.

justices, a majority of whom have not been "satisfied” of the

conscientiousness of the objection. Certificates have, however, FUNDS - £3,000,000. INCOME

4.390,000. been granted where two of the justices, although in a hopeless YEARLY NEW BUSINESS - £1,000,000. BUSINESS IN FORCE - £11,700,000. minority, have declared themselves satisfied and consented to

sign the certificate. Considering the way the Act is worded, The Right Hon. Lord HALSBURY (Lord High Chancellor of England).

these certificates are doubtless valid ; but if justices are to The Hon. Mr. Justice KEKEWICH. The Right Hon. Sir JAMES PARKER DEAXE, Q.C., D.C.L.

exercise any discretion at all in the granting of these certificates, WILLIAM WILLIAMS, Esq.

it does seem very strange that they should be granted contrary RICHARD PenninGTOX, Esq.

to the opinion of the court which hears the application. The DIRECTORS. Bacon, His Honour Judge. Mathew, The Hon. Mr.Justice.

fact that the application has to be made at petty sessions looks Davey, The Right Hon. Lord.

Meek, A. Grant, Esq. (Devizes). Deane, The Right Hon. Sir James Parker, Mellor, The Right Hon. John W.,

as if the Legislature intended that the court should come to a

Q.C., Q.C., D.C.L.

decision in the usual way. Such intention, however, has not Eilis-Danvers, Edmund Henry, Esq. Mills, Richard, Esq. Finch, Arthur J., Esq. Morrell, Frederic P., Esq.(Oxford).

been expressed, and so we are landed in this absurdity, that Frere, Geo. Edgar, Esq. Pennington, Richard, Esq.

in a court composed of fifteen justices a certificate may be Garth, The Right Hon. Sir Richard, Q.C. Rowcliffe, Edward Lee, Esq. Healey, C. E. H. Chadwyck, Esq., Q.C. Saltwell, Wm. Henry, Esq.

granted against the strong sense of thirteen of them. Johnson, Charles P., Esq

Williams, C. Reynolds, Esq. Kekewich, The Hon. Mr. Justice.

Williams, Romer, Esq. Ludlow, The Right Hon. Lord.

Williams, William, Esq. Masterman, Henry Chauncy, Esq.

THE CRIMINAL Evidence Act is now in operatior, but there

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has been considerable discussion and difference of opinion as to is a solicitor, was clear that it did not come into force till the dale upon which it came into force. Section 7 provides that, Thursday, and declined to depart from the strict letter of the " This Act shall come into operation on the expiration of two law. At the County of London Sessions the difficulty was months from the passing thereof," and the Act received the avoided by putting back till the following day all prisoners who Royal Assent on the 12th of August. Now, it is clear that two pleaded not guilty. It may be noticed that the chairman, Mr. months have completely to intervene between the passing of the MCCONNELL, Q.C., viewed the inauguration of the new system Act and its coming into operation, and that we have to begin to without any of the forebodings to which we have been accusreckon the two months from the 12th of August. The two tomed. The Acts by which prisoners have already been permonths, therefore, must include either the 12th of August or mitted to give evidence have, in his opinion, worked well. the 12th of October. The period cannot include both the 12th There is little reason to doubt that a similar verdict will soon be of August and the 12th of October, for that would be two passed on the present Act. months and one day. If space were in question, and a mile had to be measured “from a given place, no part of the place could be included in the mile. Hence, if time is to be measured IN THE Times of Thursday there appeared an extremely lucid " from " a given day, no part of that day can be included in the account, by Sir GODFREY LUSHINGTON, of l'affaire Dreyfustime. If this reasoning is correct, it follows that the two from its origin down to the present time. It requires such months which had to expire did not expire till the 12th of a summary in order to place in their proper relation the October had passed, and that the Act came into force on the remarkable series of events which has so completely shaken 13th. This is precisely the argument of Day, J., in the case of confidence in French ideas of justice, and the outcome of The South Staffordshire Tramway& Co. v. The Accident Assurance which cannot yet be foreseen. 'Were there nothing against Association (1891, 1 Q. B. 402), in which the court held that a the trial of Captain Dreyfus except that it was held in policy of insurance against accidents “for twelve calendar secret, the rest of the world would not have troubled itmonths from the 24th of November, 1887," covered an accident self over the matter. Such a procedure, however foreign to which happened on the 24th of November, 1888. On which our notions, may be justified in another country by considera ever day, however, the Act came into force, it will practically tions of State or military necessity. But so much has happened be first put to the test all over the country next week at quarter since that it is impossible for anyone outside France to have sessions. It is a little unfortunate that the difficulties which any faith in the justice of the conviction and sentence. Until exist in the construction of the Act should have to be dealt with there has been a public trial no unprejudiced person would now first of all by unprofessional judges like the chairmen of quarter believe that the bordereau on which DREYFUS was ostensibly consessions, before the judges of the High Court have had an oppor- demned was in his handwriting; the mystery attending the tunity of expressing their opinions or of giving any sort of document alleged to have been sent from the German guidance. The provision that will probably give the most to the Italian Embassy, and containing the expression trouble is that which allows the prisoner to be cross-examined " Ce canaille de D devient trop exigeant," has never as to his past career, if the nature or conduct of the defence is been cleared up, though it is probable that upon the faith such as to involve imputations on the character of the prosecutor of this the verdict was actually given; and the later docuor the witnesses for the prosecution. To say that a witness has ment which was put forward by the military authorities in committed perjury seems to be a grave imputation on his the course of M. Zola's trial as proof absolute, and was again character. Probably in a majority of cases, however, a guilty insisted upon by M. CAVAIGNAC, the Minister of War, in the prisoner who gives evidence denying the truth of the evidence Chamber in July lust, was confessed by Colonel Henry to be given against him will be driven to make this charge of per- bis own forgery. In addition the French Government have to jury. , plain fact of a damnatory nature is sworn to against faco the fact that the German and Italian Governments have him, a fact about which there cannot be a mistake; the prisoner repudiated any connection on their part with Captain Dreyfus. must often either deny the truth of this or admit his guilt. It To the insular mind it is inconceivable why there should be any he deniəs it, he may then be asked whether he alleges that the prejudice against the convict; why, on the other hand, popular witness has perjured himself. He will be almost forced to make sympathy should not all be on the side of the man who, it is the charge of perjury. It is possible that the High Court may clear, was irregularly condemned, and as to the substantial hold that this sort of imputation is not within the words of the justice of whose condemnation subsequent occurrences have Act, but it is hard to see grounds for such a possible decision. raised so much doubt. Frenchmen cannot be surprised if the It seems to us that whenever this imputation of perjury is made, rest of the world sides with the minority amongst themselves and the prisoner may be cross-examined as to his previous crimes holds Captain DREYFUS to be an innocent man until the contrary and convictions. This will admit such cross-examination in an has been publicly proved. enormous number of cases, probably in far more than was dreamt of when Parliament considered this section.

But the name of Captain DREYFUS is only one of those which

stand prominent in Sir GODFREY LUSHINGTON's summary. THE DOUBT as to the date for the commencement of the Criminal There seems to be every chance, if the better feeling of FrenchEvidence Act, above referred to, resulted in a curious diversity of men does not assert itself, that Colonel PICQUART will have a practice on Wednesday, and the report of criminal proceedings simiiar measure of injustice dealt out to him. At the time of held on that day should be a warning to draftsmen who are tempted the DREYFUS trial Colonel PICQUART was in the Intelligence in the future to indulge in indefinite phaseology. In some courts Department attached to the French War Office. Shortly after no doubt seems to have been felt that the Act was already in the trial he became head of the office. He had the miofortune operation. At the Mansion House notices to that effect were to believe in the innocence of Captain DREYFUS, and he attriposted in all the cells and waiting-rooms, prisoners being buted the bordereau to Commandant ESTERHAZY. Correspondence informed that overy person charged with an offence might on upon the matter passed between him and General GONSE, his own application be called as a witness. No one, however, Assistant Chief of the Staff, and he warned General Gonse of availed himself of the privilege. At the Guildhall a prisoner the scandal that was likely to ensue and urged him to avoid it. was allowed to give evidence and raised a doubt which For answer he was removed from his post, sent on cervice to led to his discharge. So, too, at the Norwich Quarter Africa, and his correspondence intercepted and examined. The Sessions a prisoner took advantage of the Act to deny suspicion under which he fell induced him to obtain leave to the statements of the prosecutor and was acquitted, the return to Paris, and he went for advice to an advocate, M. recorder remarking that the result

sufficient to LEBLOIS. He placed in M. LEBLOIS's hands the correspondence justify the passing of the Act. At the Greenwich police-court a which had passed between himself and General GONSE with prisoner was less successful, and his wife, who was called on his regard to ESTERHAZY, and this brought trouble both upon behalf, was unable to save him from 40s. or fourteen days. At advocate and client. In the present year Colugol PicQuART was other courts a contrary view of the operation of the Act was tried by court-martial on various charges connected with papers taken. At the Croydon Borough police-court the mayor, who relating to the DREYFUS case, and while most of them were

Was

satisfactorily explained, he was found to have communicated residuary legatee after all the legacies are paid after my General Gonse's letters to M, LEBLOIS, and for this military wife's death." No trustees were appointed by the will, which offence he was removed from the army and placed upon a pension was informally drawn, and there was no investment clause. of £80. As to M, LEBLOIS, he had made use of the letters The testator's wife_survived him, and proved the will in with a view to securing a revision of the sentence of November, 1897. In May of the present year the residuary Captain DREYFUS, and for this he was suspended by the Bar legatee applied under the Judicial Trustees Act, 1896, that a Council for six months. But Colonel PICQUART was not content specified person, a solicitor, might be appointed a judicial to be silent in his retirement. He challenged the documents trustee either jointly with the widow, or, in the alternative, as which were put forward by the War Minister in July as sole trustee. It was apprehended, however, that the court justifying the DREYFUS conviction, a challenge which as to one would decline to appoint a solicitor, and the applicant took the of them was speedily justified by Colonel HENRY's confession of precaution of ascertaining that the Law Guarantee and Trust forgery. This protest was followed by a prosecution in a non- Society would consent to act as trustee, and thereupon the summilitary court for communicating secret documents, but the trial mons was amended by adding the words " or some other fit and has been indefinitely postponed in order that he may undergo a proper person or company." military prosecution for forgery. It was upon his transfer to It appeared that the testator's property was of the value of the military authorities that he made the famous declaration about £29,000, of which some £2,500 represented real estate. that if he was found dead in prison it would be assassination The greater part of the personal estate consisted of securities and not suicide. There the matter rests, but justice cannot be not authorized by law as trust investments. The legacies given said to exist in France until Captain DREYFUS has either been by the will amounted to about £9,000. The executrix was liberated or publicly re-tried and Colonel PICQUART has been seventy-two years of age. Amongst the grounds alleged as restored to his position in the army.

justifying the application were the age of the executrix, which precluded her from attending to so large an estate, her aversion

to any change being made in the existing investments, and the THE DECISION of the Court of Appeal in Harrold v. Watney great probability that the will would give rise to questions of (46 W. R. 642) is in accordance with numerous cases whicń construction on which the opinion of the court would have to have been intended to secure, as far as possible, the safety of be obtained. The residuary legateo expressed his willingness children in their perilous voyaging along the Queen's highway. that the remuneration of the judicial trustee, if appointed, Acts which might argue negligence in older folk and prevent should come out of corpus and not out of income. The widow them from recovering compensation for injury, are, in a child, objected to the appointment of a judicial trustee. the result of his natural thoughtlessness, and the law deals The provision conferring upon the court power to appoint a tenderly with him. In Lynch v. Nurdin (l'Q. B. 29) the defen- judicial trustee is contained in section 1, sub-section 1, of the dant negligently left a cart' unattended.' One urchin of seven Judicial Trustees Act, 1896 : “Where application is made to got upon the cart for a ride, and another led the horse on. the court by or on behalf of the person creating or intending to He of seven was thrown down and hurt, and he recovered create a trust, or by or on behalf of a trustee or beneficiary, the damages. The cart was an irresistible temptation. He had court may, in its discretion, appoint a person in this Act called acted after the manner of children, and there was no negligence a judicial trustee) to be a trustee of that trust, either jointly with attributable to him. To the defendant there was, and he had any other person, or as sole trustee, and, if sufficient cause is to pay. It may seem hard on the defendant, but people who shown, in place of all or any existing trustees.". The following leave carts about and other things fraught with danger have to sub-section provides that the administration of the property of a reckon with children as well as with adults. Again, in Jewson y. deceased person, whether a testator or intestate, is to be a Gatti (2 Times L. R. 441) the defendant had a cellar which he trust, and the executor or administrator a trustee within the used for scene painting. There was a railing from which the meaning of the Act. It is clear, therefore, that the court has painting could be inspected by persons in the street. What could power to appoint a judicial trustee jointly with the executor be more attractive to children ? But the railing was delusive. acting in the trusts of the will, and further, that it may remove A little girl leaned against it to have a look at the painting and the executor for the purpose of appointing a judicial trustee to was precipitated into the cellar. Of course she was entitled to act as sole trustee in his place. The exercise of the jurisdiction recover damages. In the present case of Harrold v. Watney the is, however, expressly left to the discretion of the court. plaintiff was a boy of four. A wooden fence separated a road

Under the circumstances above stated KEKEWICH, J., held that from the ground adjacent. The child climbed partly on to the the case was not one in which the court would exercise its fence for the purpose of looking at boys playing on the other discretion by appointing a judicial trustee. The testator, he side. The fence was rotten and collapsed with him, and he observed, had contemplated that the administration of his estate was injured. RIDLEY, J., held that he was in fault and decided should be under the control of his widow, and this general against him, but the Court of Appeal have adhered more strictly intention was not defeated by the fact that some part of the to the principle embodied in the cases referred to above. A administration could not be completed till after her death. The highway may be for passing and re-passing, but children have widow, as executrix and tenant for life, objected to the appointtheir own uses for it as well, and the height which nature has ment, and no ground of complaint had been alleged against denied must be attained by means of the fence if the land her. It was her duty, indeed, under the administration to beyond has aught to whet curiosity.

place the estate in a proper state of investment, but for her assistance in this respect, and for the security of the trust funds, KEKEWICH, J., considered that the right course was to appoint

an ordinary trustee. To hold otherwise, he said, would be SOLICITORS AND THE JUDICIAL TRUSTEES ACT. estate came to the court without having any ground of com

equivalent to saying that whenever a person interested in an THE recent case of Re Ratcliffe (1898, 2 Ch. 352) before plaint against the existing trustee, and whether the tenant for KEKEWICH, J., is interesting as being a decision upon the life wished it or not, the court ought to exercise its discretion circumstances under which the court will decline to appoint a by appointing a judicial trustee. In the absence of any judicial trustee at the instance of a beneficiary who is not the expressions in the Act conferring on a beneficiary the right to tenant for life, and also for the intimation, to which a corres- have an appointment made, he declined to lay down such a pondent calls attention in a forcible letter which we print rule. The fact that the residuary legatee was willing to bear elsewhere, that there is a feeling at the courts against the the expense of the appointment was not considered by the appointment of solicitors as judicial trustees. A testator, learned judge to be a fact of sufficient weight to affect his ROBERT RATCLIFFE, by his will, dated in 1891, gave and decision. Practically, of course, the result depended upon bequeathed all his property, real and personal, to his wife for whether a suitable trustee could be found, and the difficulty life, and he appointed her solo executrix. He directed payment frequently met with in this respect was one of the reasons which of numerous legacies, some of which were not to be paid till justified the introduction of the new system. But, assuming after the wife's death, and he named JOSEPI Nixon as that the trustee was to be found, there seems no reason to

doubt the correctness of Mr. Justice KEKEWICH's decision. The neceseities of the case were fully met by the appointment of

REVIEWS. an additional trustee, and it would be a very strong measure

BOOKS RECEIVED. to insist upon the appointment of a judicial trustee in opposition to the wishes of the tenant for life merely because the tenant BIRRELL, Q.C., M.P. With Portraits and Illustrations. Smith,

Sir Frank Lockwood : & Biographical Sketch. By AUGUSTINE for life was also sole executor or trustee. If, however, no Elder, & Co. suitable trustee could be found, we presume the court would not hesitate to appoint a judicial trustee. The actual order Men; based on Lectures delivered in the Inner Temple Hall at the

Company Law: a Practical Handbook for Lawyers and Business made was that the summons should be amended by entitling it request of the Council of Legal Education. With an Appendix under the Trustee Act, 1893, and that a trustee should be containing the Companies Acts, 1862 to 1898, and Rules, &c. . By appointed under that Act, with a reference to chambers to FRANCIS BEAUFORT PALMER, Barrister-at-Law. Second Edition. make the appointment.

Stevens & Sons (Limited). Price 128. 6d. But from the point of view of solicitors the main feature in The Criminal Evidence Act, 1898 (61 & 62 Vict. c. 36), with the report of Re Ratcliffe is the intimation it affords of the ob- Notes. By WILFRED BAUGH ALLEN, Esq., Barrister-at-Law. And a jection felt by the officials at the courts to the appointment of Short History of the Act by Sir HARRY BODKIN POLAND, Q.C. solicitors as judicial trusteos. In the first place it is difficult Butterworth & Co; Shaw & Sons. Price 5s. to reconcile such a feeling with the express provision of the

Digest IX. 2: Lex Aquilia. Translated, with Notes. By C. H. Judicial Trustee Rules (r. 5 (1)) that the court is not to be MONRO, M.A. Cambridge University Press. excluded by any existing practice as to the appointment of The Land Transfer Acts, 1875 and 1897, and the Land Transfer trustees from appointing any person to be a judicial trustee by Rules and Forms. With Notes. By W. AMBROSE, Esq., Q.C., M.P., reason of his being a solicitor to the trust or to the trustee or to and W. B. FERGUSON, Esq., M.A., Barrister-at-Law. Butterworth & any beneficiary. Solicitors, therefore, are definitely put forward

Co. as being eligible for the office. But, apart from this, there can be no doubt that in deciding betweon an accountant and a solicitor the preference should, in the interest of the efficient

CORRESPONDENCE. management of the trust estate, be given to the solicitor. In

SOLICITORS AND THE JUDICIAL TRUSTEES ACT, 1896. point of security, of course, there is no ground for distinction. It is of the essence of the system that the safety of the corpus

[To the Editor of the Solicitors' Journal.] of the trust property should not be left to the honesty of the

Sir,–From my own experience, and evidently from that of the trustee. All title-deeds and other documents showing the title solicitors acting for the applicant for the appointment of a judicial of the trustee to the trust property have to be deposited in such trustee in Re Ratcliffe (1898, 2 Ch. D. 352), there seems to be no doubt custody as the court directs, and, unless this requirement is their minds, if not to refuso, certainly to place every obstacle in the

that the masters of the Chancery Division have one and all made up especially dispensed with by the court, the trustee must give way of the appointment of solicitors as judicial trustees, and it seems security for the due application of the trust property. Putting right, therefore, that attention should be drawn to what may in aside the actual custody of the estate, the matters which have time become recognized as an unwritten rule which will not only to be attended to in the course of its administration fall more work a hardship, but will cast a grave and unmerited slur upon the properly within the scope of the business of a solicitor than that members of our profession. of an accountant. The keeping of the accounts of a trust estate

How or under what circumstances it came to pass that solicitors is a matter of no difficulty and certainly requires no greater inquire, but that such a feeling existed, and still exists, in the minds

were invariably objected to as suitable trustees we need not stop to training in such matters than any man must go through for the of the judges there is not the slightest doubt. purpose of conducting his ordinary business. The main points When the Judicial Trustees Act was passed it was, however, recogwith which the judicial trustee is concerned are the arrange- nized that, by reason of the fast growing responsibility of trustees, of ments that have to be made with the beneficiaries on the one the technical nature of the duties they were called upon to perform, band, and the assistance that has to be obtained from the court and of the ever-increasing difficulty in obtaining, in these days of rush on the other, and in both directions it is the services of a solici- and hurry, suitable and competent friends to undertake the onerous tor that will be the most efficient. They are services similar to task, the former objection to the appointment of solicitors should those which he is continually rendering in the course of his cease to exist, and the rules accordingly provided that solicitors

One would have employment as solicitor to ordinary trustees, and, so far as the should be competent for election as trustees. court is concerned, they are services in which legal training and thought that the rules having so stated, the masters would, in all

proper and reasonable cases, have loyally recognized the rights of qualifications will be of great advantage.

solicitors in the matter, and would have assisted rather than hindered If accountants were otherwise most fitted for the office, it their appointment. Such, as I have stated and as the report of the would perhaps be no objection that the practice under the above case shows, is not the case. Judicial Trustee Rules allows of their appearing personally in

Solicitors are officers of the court, they are subject to the discipline chambers to obtain the direction of the court. It is one of the and rules of the Law Society, they pay large fees for the privilege of features of the new system that the judicial trustee shall have being allowed to practise, to say nothing of what they have paid easy access to the court, and, whoover he may be, he must have be struck off the rolls for professional misconduct, they can be

for the privilege of being allowed to enter the profession ; they can the right of obtaining directions without the necessity of obtain- prosecuted for fraud, they can be sued like ordinary mortals, and ing legal assistance. But while admitting this, it is important to yet they are told by the masters (who, being former members of the point out that the matters upon which direction will be required same branch, ought to know better) that they are not as fit to be will usually require for their decision a knowledge of the law of judicial trustees as, forsooth, butchers, bakers, accountants, and so trusts, and in discussing them it will be far more convenient for forth. And, be it remembered, when appointed, they would have to the officials of the court to have to deal with a lawyer than deposit all securities as ordered by the court, they would have to with a business man whose experience does not carry him out of render accounts twice a year and comply with various strict requirethe realm of figures. The system of judicial trustees is still in its ments, and for all this would get only such remuneration as the infancy, and it may be that the tendency to exclude solicitors is

masters thought fit to allow.

Well may our President say our prospects are gloomy, well may not so marked as our correspondent supposes, and as it was we begin to wonder why our professional duties are becoming less and assumed to be by the advisers of the applicant in Re Ratcliffe. less every year, well may we see accountants becoming more and more If, however, any such unwritten rule is in process of establish- successful and prosperous, while we become more and more unnecesment we cannot but think that it has been adopted without sary to the community. sufficient consideration. It would certainly be remarkable if, And having mentioned accountants, let me call attention to the after the encroachments which have taken place of recent years Act again. It will be observed that the judicial trustee, when on the domain of solicitors, the authorities responsible for the appointed, is at liberty to communicate direct, either by letter or administration of the Judicial Trustees Act should determine to drawn the Chartered Accountants' Society saw, what our society did

interview, with the master, and when the Act and Rules were being exclude them from an office for which they are peculiarly fitted. not see, that in cases where accountants were appointed trustees they Any such course would deserve the prompt attention of the would have a right of audience in chambers without the intervention Council of the Incorporated Law Society.

of a solicitor for the first time in their existence. Where appointed

Name of Suit

Amount at Credit.

receivers they have not this right, but now that they have got in the Schedule to this notice annexed were paid into the hands of the Treasurer thin edge of the wedge, there is not the slightest doubt that they of the Island of Jamaica, there to remain subject and liable to any Order will never rest content until they have a similar right of audience of the Court of Chancery of the said Island, and that the said several sums in regard to receiverships, and possibly other matters; and who of money, so remain in such matters, causes, or suits in the books of the knows where the thing may end. Having regard to the large office of the said Treasurer, and that no proceedings have been had in the examinations and the insidious way in which they are gradually period of twenty years. percentage of legal questions asked at their intermediate and final said matters, causes, or suits in respect thereto for twenty years last past,

nor any application for the payment of the said sums respectively for å creeping into the pastures hitherto grazed upon by us legal sheep, it

And notice is hereby further given, that if no claim be made or right to is only a question of time, and a continuance of that modesty on all such moneye substantiated to the satisfaction of the Supreme Court of questions affecting our interests which characterizes the dear old Judicature of Jamaica within two years from the date of the first gentlemen on our Council, for Mr. Margett's prophecy as to our publication of this Notice in Great Britain the said moneys will become future to become an uncomfortable and realized fact.

the absolute property of the public of the said Island.

INQUIRER, Dated at Kingston this 21st day of June, 1898. P.S.-Since writing the above I have heard of a case of an

SCHEDULE. accountant endeavouring to instruct a barrister in a non-contentious matter without the intervention of a solicitor, and claiming his right

Date of Last Proceeding.
to do so under some alleged dictum of the present Attorney-General.
[See leading article. - ED. S.J.]

Gibbons, P. vs. Dyer, E.
and al. .
30th March, 1872 .

719 0 11 O'Grady vs. Mahon, Peter 11th February, 1876

15 0 11 CASES

McCallum, J. vs. Gaunt.
OF THE WEEK.

lett, S. and al.
31st March, 1876 .

5 15 6 Before the Vacation Judge.

Smith, R. W. vs. Anderson
and al.
..31st August, 1876.

1,267 98 Re COMPANIES ACTS, 1862-1893, AND Re THE GEE FLOOR SCRUB

Fred Evans, Colonial Secretary of Jamaica.
BING MACHINE CO. (LIM.). 12th Oct.
COMPANY-WINDING-UP PETITION-Locus STANDI OF PETITIONER-Con-

TRIBUTORY - Calls IN ARREAR-REPUDIATION OF SHARES.
This was a petition of Mr. Frederick Arthur Hyndman, of 21, Mont-

LAW SOCIETIES.
pelier, Weston-super-Mare, a contributory of the company, that the
company might be compulsorily wound up. Upon behalf of the company

BRISTOL INCORPORATED LAW SOCIETY, and of creditors opposing the petition it was said that there was a The following are extracts from the report of the council : preliminary objection to the petition. The petition was presented by a Auctioneers' Commissions.-It will be remembered that in the last annual shareholder who had not paid calls upon his shares. The petitioner had report reference was made to the absence of uniformity in the commisonly paid in respect of his 100 shares the moneys which were payable on sions received by auctioneers on sales by auction, and the members of the application, the other moneys due thereon were long since overdue, baving profession were reminded of the scale agreed upon in the year 1882 been payable 8s. per share on allotment, 58. per share on the 15th of between the leading auctioneers then practising in Bristol and the November, and 59. per share on the 15th of December, 1897. The society. With the view of ascertaining whether the time had come for petitioner had not paid any of those moneys although he was continually revising this scale, a committee was appointed to inquire into the called upon to do so during the company's existence, and although he, on remuneration paid to the auctioneers and estate agents elsewhere and or about the 30th of December, 1897, by his solicitor, claimed the right to report to the council. A circular accordingly was sent to all the law to repudiate his shares, he never took any further proceedings for repudi. societies in the country, and replies from between fifty and sixty were ating the same until the 30th of April, 1898, and the proceedings received, with the result that the diversity of practice prevailing had been abandoned by bim, his solicitors having given notice throughout the country in this matter appeared so great that the comthat they did not intend to proceed with the

Upon mittee decided to make no recommendation. the authority of Re Crystal Reef Gold Mining Co. (Limited) (40 W. R. 235; New County Court Rules.-- The new County Court Rules as finally settled 1892, 1 Ch. 408), it was submitted that the petition ought to stand over have not yet been published, but it is understood that in consequence of till the calls were paid into court. In support of the petition it was the reports made by the law societies the demand for security for costs submitted that Re Crystal Reef Gold Mining Co. (Limited) was in favour of will be withdrawn, and with it the interposition of the registrar of the the petitioner. In that case North, J., said that "there might be debtor's district. circumstances under which the court ought not to require this to be Rules under the Land Transfer Act, 1897.-In response to the request of done." The petitioner alleged fraud. The petitioner could be a share- the chief society, the draft of the general rules to be made by the Lord holder so far as he had paid up his shares, and at the same time say he Chancellor under the provisions of the Land Transfer Act, 1897, were was not liable for further calls.

considered by the council of the society, some of whose suggestions were CHANNELL, J.-In order to set up fraud the petitioner must repudiate adopted by the Council of the chief society in their report to the Lord the shares and say he is not a shareholder. The facts in the present case Chancellor. are, I think, less favourable to the petitioner than those in Re Crystal Reef Gold Mining Co. (Limited). There will be an order that the petition stand over till the first petition day after the petitioner pays into court to the credit of the matter the amount of the calls due from him as a contributory.

LAW STUDENTS' JOURNAL.
-Counsel, Hodges ; Whinney; D. Stewart-Smith. SOLICITORS, Blachford,
Riches, f Co.; Ashurst, Morris, Crisp, & Co.

LAW STUDENTS' SOCIETIES.
[Reported by J. E. ALDOUS, Barrister-at-Law.]

BIRMINGHAM LAW STUDENTS' SOCIETY.—The autumn session of the society opened last Tuesday evening, when a debate took place on the following moot point (No. 876): "That this society disapproves of the

Criminal Evidence Act, 1898." Mr. H. A. Pearson, M.A., barrister-atNEW ORDERS, &c.

law, presided over a very large attendance of members. Mr. A. H.

McBean opened the discussion in the affirmative, and was supported by TRANSFER OF ACTIONS.

Messrs. L. T. C. Meek, T. C. Brookes, and A. F. Lovatt, solicitor. Mr.

H. Eaden replied in the negative, and was followed by Messrs. F. H. ORDER OF COURT.

Argyle, A. H. Davies, C. H. Smith, and W. Somers. After the openers Monday, the 3rd day of October, 1898. had replied the chairman summed up and then put the question to the !: Hardinge Stanley, Earl of Halsbury, Lord High Chancellor of Great meeting, when it was decided in the negative by 16 votes to 3. A hearty Britain, do hereby order that the actions mentioned in the Schedule hereto vote of thanks to Mr. Pearson for presiding terminated the proceedings. shall be transferred to the Honourable Mr. Justice Wright.

October 11.-Mr. Robert Noble, barrister-at-law, delivered a lecture SCHEDULE.

upon “The Law of Libel and Slander" to the members of the society.

There was a very large attendance. The lecture was the first of a course Mr. Justice KEKEWICH (1898–B.–No. 2,992).

of four which Mr. Noble has kindly consented to deliver to the members In re The British Type Foundry, Limited Horace Wirton Bright v The of the society. British Type Foundry, Limited

LAW STUDENTS' DEBATING SOCIETY.-October 11.-Chairman, Mr. Mr. Justice ROMER (1898-B.-No. 3,871).

Neville Tebbutt.-The subject for debate was : " That the case of Re In re The British Type Foundry, Limited Edward Reuben Alexander Douglass opened in the affirmative ; Mr. R. A. Gordon seconded in the

Olympia (1898, 2 Ch. D. 155) was wrongly decided." Mr. Thomas The British Type Foundry, Limited

HALSBURY, C.

affirmative; Mr. Arthur E. Clarke opened in the negative ; Mr. A. H. H.

Richardson seconded in the negative.
JAMAICA CHANCERY DEPOSITS.-NOTICE.

The following members also

spoke : In the affirmative, Mr. James Brennan; in the negative, Messrs. Pursuant to an Act of the Legislature of Jamaica, 19 Vict. c. 5, s. 5, John Blair, W. M. Pleadwell, and W. E. Singleton. The motion was lost notice is hereby given that the several sums of money mentioned in the ! by fourteen votes. There were twenty-nine members present.

fame.

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