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21

FURTHER NOTES ON INTERNATIONAL LAW. By W. P.
Pain, LL.B. ...

... ... ... 194
The Concert of Europe
Historical Examples
The Holy Alliance ...
Pacific Blockade ...

The Objections ...
INJUNCTIONS TO RESTRAIN Libels By H. C. FOLKARD,

Barrister-at-Law, Recorder of Bath ... ...

Is Tompson v. Dashwood OVERRULED? By Th. Baty, Whewell

Scholar of International Law ... ...

INTERNATIONAL ARBITRATION IN THE Middle Ages. By

Sir Travers Twiss, D.C.L., Q.C. ... ... ...

John WilkES AND THE LIBERTY OF THE Press. The
Wilkes Cup. By The Editor ...

... 213
Law of TREASON UNDER THE Roman EMPIRE. By T. W.

MARSHALL, B.C.L. .. ... ... ... ... 33
MASTERS IN THE CHANCERY Division of the High

Court. By W. P. Pain, LL B., Barrister-at-Law 169
Notes ON RECENT Cases (English). By T. F. UTTLEY,
Solicitor ... ... .

45, 117,

Company Votes. In Person or by Proxy ? ...

A Partnership Point

Trustees' Investments and Depreciation ...

Preference Shareholders and their Shares ...

Transfers, Calls, and Contributories...

Change of Name of Registered Trade Mark Proprietor

Customary Heriots ... ... ...

... 117

Restraining Covenants ...

Sale of Private Business to a Limited Company

Landlords, Tenants, and References...

... 123

The Intricacies of Statutes ...

Money Lenders and Heirlooms

... 125

Foreshore Rights ... ...

Knock-out Sales and Puffers...

... 263

Are Continuing Noises a Nuisance ? A Case for Chambers 264

The Right to Fish and Profit à Prendre ... ... ... 266

County Councils and Urban District Councils and Repair of

Sea-Walls... ... ... ...

Furnace, Slag Heap, and Quarries ...

268

...

Page Obiter Dicta ... ... ... ... ... 1, 59, 139, 211 PROCEDURE IN Poetry. By James Williams, D.C.L.,

Barrister-at-Law ... ... ... ... ... ... 224 Reviews... ... ... ... ... ... 53, 127, 199, 271

Taswell-LANGMEAD's English Constitutional History ... 53
Coote's and TRISTRAM's Contentious Practice in Granting

Probates and Administrations ... ... ... ... 54
Harris's Principles of the Criminal Law ...
Pollock's First Book of Jurisprudence for Students in the
Common Law ..

... ... ... 56 Thayer's Preliminary Treatise on Evidence at the Common

Law ... ... ...
AMRAM's Jewish Law of Divorce ...
COLDSTREAM's Institutions of Italy .
LYON AND Redman's Law of Bills of Sale
Furse, Tabular Précis of Military Law ...
Temple Bar... ...
FOSTER, Constitution of the United States ...
Beal, Cardinal Rules of Legal Interpretation
HUNTER, Preservation of Open Spaces ...,
Paterson's Practical Statutes ... ...
Rivier, Principes du Droit des Gens
Nys, Études de Droit International et de Droit Politique ...
FRANK, Le Témoignage de la Femme ; L'Épargne de la

Femme Mariée ; Les Salaires de la Famille Ouvrière ...
Hunt's Law of Boundaries and Fences ...
The Yearly County Court Practice, 1897 ...

... 132
Bowen, International Law... ... ...
Perley, Mortuary Law ... ... ...
EDWARDS' Compendium of the Law of Property in Land ...
Raikes, Maritime Codes of Spain and Portugal ...
Raikes AND Kilburn's Admiralty Jurisdiction and
Practice in County Courts ... ... ...

... 135 Haycraft, Executive Powers in Relation to Crime and

Disorder ... ... ... ... ... ... ... 135
CUNNINGHAM, Biographical Sketch of Lord Bowen
WHEELER, Confederation Law of Canada

199
MAITLAND, Domesday Book, and Beyond ...
Encyclopædia of the Laws of England ...

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Publications of the Selden Society, Select Cases in

Chancery, A.D. 1364 to 1471 ... ...
Markby, Indian Evidence Act ... ... ..

202
The Yearly Abridgement of Reports, 1895-6 ... ... 203
PLUMPTRE AND Mackay, Grant's Law Relating to Bankers 203
JOLLY, Seaborne's Law of Real Property ...

203 Hodsoll, New System of Book-keeping for Solicitors ... 204 Dicey, Law of the Constitution ...

204. Folkard, Law of Slander and Lihel .

... 205
De COLYAR, Law of Guarantees
BULLEN, DODD, AND CLIFFORD, Bullen and Leake's

Precedents of Pleadings
Macy, The English Constitution ...

208
Bastable, Theory of International Trade ...
DURANDO, N Tabellionato o Notariato ...

208 PUBLICATIONS OF The Selden Society, Select Pleas in

the Court of Admiralty, Vol. II., A.D. 1547-1602 ELTON AND MACKAY, Robinson on Gavelkind ... ... Bund, Oke's Game Laws ... ... ... ... ... 273 Encyclopædia of the Laws of England. Vol. II. ... ... ODGERS, Six Lectures on the Outline of the Law of Libel 274 Birrell, Four Lectures on Employers' Liability at Home and Abroad

275 GORDON, Monopolies by Patents ... ...

276 Willis, Roman Law Examination Test ... ... ... 276 SHUTTLEWORTH, County Courts Act, 1888

276 Kime, International Law Directory

... ... ... 277 Kyshe, Law and privileges... ... ...

279 Remarks ON THE SITUATION IN Crete, SOME. By Th.

Baty, Whewell Scholar of International Law ... Right OF COUNSEL TO BE INSTRUCTED BY Lay Clients.

By Junius. ... ... ... ... ... ... Sketch of the Life and Character of Mr. Justice Maule. By A CONTEMPORARY. ...

... ... 3 The Late Sir Travers Twiss. By The Editor ... Thirteenth CENTURY STATUTES, Some. II. By G. J.

Turner, Barrister-at-Law ... ... ... ... 240 QUARTERLY DigFST OF ALL REPORTED CASES. By T. J.

BARNES, Barrister-at-Law. Vol. XXII. (Nov., · 1896, to July, 1897) ... ... ... 1, 37, 55, 89

...

IUS.

II2

LAW MAGAZINE AND REVIEW.

No. CCCII.- November, 1896.

Obiter Dicta.

M he nineteenth Annual Meeting of the American Bar

- Association was a memorable one. It was held at Saratoga Springs on August 19th, 20th and 21st. The President, Moorfield Storey, of Boston, Mass., was present, together with many eminent members of the American Bar. Lord Russell of Killowen delivered an address on International Arbitration, and on the same day Mr. Montague Crackanthorpe, Q.C., a member of the English Council of Legal Education, addressed the meeting on Legal Education. Sir Frank Lockwood, Q.C., M.P., was also present.

During the last month a curious incident occurred in London. A Chinese who was sought for by the authorities of his own country, and had come to London, was by some means taken into the Chinese Embassy there, and was not permitted to leave. Rumours of physical injury to the détenu were rife; the Foreign Office were requested by the friends of the détenu to intervene, with the result that the man was released. This raises a curious question of International Law, viz., whether an Ambassador can imprison or punish natives of his own country within the Embassy walls. On the one hand it may be said that the hôtel of an Ambassador is inviolable; but on the other it may more justly be observed that this privilege is a

toleration by the Laws of the State, to which the public minister is accredited, and must not be abused. We commend Lord Salisbury for his firmness. But for this, we should next have heard of an Englishman being taken and iniprisoned within the walls of one of the minor Embassies; or even of an Embassy being used as a gambling house, or a foundry for false coin.

The negligent manner in which witnesses are allowed to wander in and out of Court, during a trial, in this country ought not to be permitted. It is not an uncommon practice for counsel on either side to ask at the beginning of a trial that all witnesses may be ordered out of Court. This is acceded to by the judge; but with what result ? A witness has told his tale, and passes out of Court, in many cases to tell the others what questions he has been asked, and what he has replied. This practice offers every facility for perjury.

Some lawyers may recollect the remarks made by Lord Justice (then Mr. Justice) Kay some years ago on this subject, and reported in the Times, 13th December, 1882, in the case of Horwood v. The L.C. Company. He said that he was greatly impressed with the inexpediency of having witnesses in Court during the whole progress of a case, and that he recently had an opportunity of observing the practice of the French Courts in that respect. In France a convenient room is provided for witnesses to wait in, and no witness is allowed into Court until his turn comes to be examined. His Lordship wished that this practice could be adopted here, for it was no uncommon thing to have witness after witness coming up and repeating parrot-like what they had heard the previous witnesses say. If some such rule as that to which he had alluded were made by a Supreme authority, it would, in his Lordship's opinion, be of great value.

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