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Page Digest, Quarterly (Vol. XXIII., November, 1897, to July, 1898)

... 1, 29, 61, 95 DISQUALIFICATION LEGAL, OF Women

... 99 DIVORCE AND Jewish Law...

317 EDUCATION, LEGAL ... ...

163 Egypt, Legal ReFORM IN ... Estates PUR AUTRE Vie ... Faculty of Law in Teaching UNIVERSITY Facilis DESCENSUS AVERNI ... ...

106 Foreign LITERATURE, CONTEMPORARY ... ... 283, 414 INTERNATIONAL Law, INSTITUTE OF, at Copenhagen ... 47 International Law, Current Notes on 48, 127, 253, 384 INTERNATIONAL LAW ... ... ... ... ... ... 106 INDEMNITY, STOCKBROKERS' Right to

... 355 Index of Cases (Quarterly Digest, Vol. XXIII.) 24, 56, 89, 122 Is the Press Free ? ... ... Jewish LAW AND DIVORCE ... ...



289 LAND TRANSFER Act, 1897 ... ...


... 99 Legal REFORM IN EGYPT

224 Literature, Foreign...

... ... 283, 414 LOCKWOOD, SIR FRANK...

... ... ... 92 LONDON, MUNICIPAL ...

... ... 210 MUNICIPAL LONDON ... ... Notes on Recent Cases (ENGLISH) ... 52, 138, 260, 394

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OBITER Dicta ... ... ... ... ...
Order of BaronETS ... ... ... ...

MR. Justice Cave ... ... ...
Sir Frank Lockwood, Q.C. .
Right Hon. Spencer H. WALPOLE, Q.C.


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Page PIRACY IN Trade Names

... 299 Poets, ATTORNEY IN THE

173, 350 Press Free ? Is The... Prisons Bill ...


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289 Quarterly Digest (Vol. XXIII.) ... ... 1, 29, 61, 95 Recent Cases (ENGLISH), Notes on ... 52, 138, 260, 394 Reform, COPYRIGHT Reform, LEGAL IN EGYPT ... Reviews... ...

... 61, 144, 266, 399 Silver OAR OF ADMIRALTY ... ... STOCKBROKERS' Right to INDEMNITY

WALPOLE, Right Hon. Spencer H.



No. CCCVI.— November, 1897.

Obiter Dicta.

M HE opening of the new. Michaelmas Sittings was

1 marked by the attendance of the Lord Chancellor, many of the Judges of the High Court, and a large number of the Bar at Westminster Abbey, where a special service to inaugurate the commencement of legal work was performed at 11.45 a.m,

The service was a shortened form of Matins, and was said by the Precentor, the Rev. Dr. Troutbeck. The Venite, Psalms, and Te Deum (Stanford in B flat) were sung, and the Apostles' Creed recited; but there was only one lesson read by the Dean and appropriately chosen from the roth chapter of Deuteronomy, in which it said that God “ doth execute the judgment of the fatherless and widow.” The anthem was by Sir Frederick Bridge, and composed for the Jubilee, and was taken from the 24th Psalm, “Who shall ascend into the hill of the Lord ? ”

This is a new departure in these latter days, and carries us back to the pre-Reformation times, when the Mass of the Holy Ghost was said preparatory to the legal term. In the Temple, Mass appears to have been daily said.

We extract the following from the Orders of the Middle Temple (Temp. Hen, VIII.) :-" The Manner of Divine Services in the Churche, and their Chardges thereunto. Item, that they have every day three masses said, one after the other; and the first masse doth begin in the mornyng at seaven of the clock, or thereabouts. The festivall days they have mattens and masse solemnly sung ; and during the matyns singing, they have three masses said. Their chardges towards the salary, or mete and drynke of the priests, is none; for they are found by my lord of St. John's, and they that are of the fellowship of the house, are chardged with nothing to the priests, saving that they have eighteen offring days in the yeare, so that the chardge of each of them is xviiid.”

Stow (“Survey of London," Vol. I., p. 745), writing towards the end of the 16th century says: “This Temple Church hath a Master and four stipendiary priests, with a clerk ...these have stipends allowed them out of the revenues of the late hospital and house of St. John of Jerusalem in England.”

The “Red Mass,” in Lincoln's Inn Fields, which has for years set the example, was attended by a far larger number than on previous occasions. Mass was said by the Rev. M. Fitzgerald, Rector of the Church, and the music included Schubert's “Ave Maria,” Sheppard's “O Salutaris," and Niedermeyer's “Pater Noster.” The celebrants were vested in red, and the altar draped in the same colour and decorated with red and white flowers. The Lord Chief Justice was unfortunately prevented by illness from being present, and Mr. Justice Day was at the Old Bailey, but the congregation included Mr. Justice Mathew, Judge Bagshawe, Q.C., Mr. Joseph Walton, Q.C., Mr. H. Shee, Q.C., Mr. Bowen Rowlands, Q.C., and others.

Since last October we have lost Sir Edward Kay, who had retired before his lamented death ; also Mr. Justice Cave. Lord Esher is missed, but Sir Nathaniel Lindley, his successor, is warmly greeted. The same may be said of Mr. Justice Bigham and Mr. Justice Channell. The appointments of Lord Justice Collins and Lord Justice Vaughan Williams are excellent.

The Chicago Law Journal relates the following anecdote of one who, next to Chancellor Kent, is recognised as perhaps the greatest equity judge who ever sat in that country :

“ Chancellor Walworth, according to Mr. Clinton, was responsible for the abolition of the Chancery Court in New York State. He interrupted counsel continually, his interruptions often becoming a discursive and aggravating warfare on the pleader. On one occasion a lawyer commenced to argue a case before him. He had hardly begun when the Chancellor interrupted, telling him that he had brought his action all wrong ;' it should have begun in a different way, which he specified. The lawyer replied that he did not feel at liberty to go against all the decisions applicable to the subject. He said he could find no authority in favour of the course which the Chancellor had suggested. The latter, with no little impatience, said: “Then you should have retained counsel who would have advised you to bring the action as I have suggested.' The lawyer replied : · Since your honour went on the Bench there has been no counsel at the bar to whom I could have applied who would have given such advice.'”

The Law Times says :“Yet another highly controversial measure may be mentioned in the Workmen (Compensation for Accidents) Act introduced by the Home Secretary. In a previous administration, a system of severe penalties had been proposed in order to bring home responsibility to employers. This proposal collapsed. The present Act seeks the same end by different means. An experi

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