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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

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INTERNATIONAL ARBITRATION IN THE MIDDLE AGES. By
SIR TRAVERS TWISS, D.C.L., Q.C.

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JOHN WILKES AND THE LIBERTY OF THE PRESS. THE
WILKES CUP. By THE EDITOR

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LAW OF TREASON UNDER THE ROMAN EMPIRE.
MARSHALL, B.C.L.

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By T. W.

63

21

6

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213

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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,

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117 119

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Change of Name of Registered Trade Mark Proprietor
Customary Heriots

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Sale of Private Business to a Limited Company
Landlords, Tenants, and References...

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Are Continuing Noises a Nuisance? A Case for Chambers 264
The Right to Fish and Profit à Prendre

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County Councils and Urban District Councils and Repair of
Sea-Walls...

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Furnace, Slag Heap, and Quarries.

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PROCEDURE IN POETRY. BY JAMES WILLIAMS, D.C.L.,

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TASWELL-LANGMEAD'S English Constitutional History
COOTE'S AND TRISTRAM'S Contentious Practice in Granting
Probates and Administrations

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HARRIS'S Principles of the Criminal Law ...

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53

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54

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56

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POLLOCK's First Book of Jurisprudence for Students in the
Common Law

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RIVIER, Principes du Droit des Gens

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NYS, Études de Droit International et de Droit Politique
FRANK, Le Témoignage de la Femme; L'Epargne de la
Femme Mariée; Les Salaires de la Famille Ouvrière
HUNT'S Law of Boundaries and Fences

The Yearly County Court Practice, 1897
BOWEN, International Law...

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130

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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

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131

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HAYCRAFT, Executive Powers in Relation to Crime and
Disorder
CUNNINGHAM, Biographical Sketch of Lord Bowen
WHEELER, Confederation Law of Canada
MAITLAND, Domesday Book, and Beyond
Encyclopædia of the Laws of England

Publications of the Selden Society, Select Cases in

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

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201

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The Yearly Abridgement of Reports, 1895-6

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PLUMPTRE AND MACKAY, Grant's Law Relating to Bankers 203

JOLLY, Seaborne's Law of Real Property

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HODSOLL, New System of Book-keeping for Solicitors

FOLKARD, Law of Slander and Libel

DICEY, Law of the Constitution

DE COLYAR, Law of Guarantees

MACY, The English Constitution

BULLEN, DODD, AND CLIFFORD, Bullen and Leake's

Precedents of Pleadings

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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 ...

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Encyclopædia of the Laws of England. Vol. II. ...
ODGERS, Six Lectures on the Outline of the Law of Libel
BIRRELL, Four Lectures on Employers' Liability at Home
and Abroad

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RIGHT OF COUNSEL TO BE INSTRUCTED BY LAY CLIENTS.
By JUNIUS.
SKETCH OF THE LIFE AND CHARACTER OF MR. JUSTICE
MAULE. BY A CONTEMPORARY.

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THE LATE SIR TRAVERS TWISS. BY THE Editor
THIRTEENTH CENTURY STATUTES, SOME. II. By G. J.
TURNER, Barrister-at-Law

QUARTERLY DIGEST OF ALL REPORTED CASES.

BARNES, Barrister-at-Law.

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THE

LAW MAGAZINE AND REVIEW.

THE

No. CCCII.- NOVEMBER, 1896.

Obiter Dicta.

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 imprisoned 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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