63 21 Further Notes ON INTERNATIONAL Law. By W. P. INJUNCTIONS TO Restrain LIBELS By H. C. FOLKARD, Barrister-at-Law, Recorder of Bath Is Tompson v. Dashwood OVERRULED? By Th. Baty, Whewell INTERNATIONAL ARBITRATION IN THE MIDDLE AGES. By Sir Travers Twiss, D.C.L., Q.C. John WilkES AND THE LIBERTY OF THE PRESS. The LAW OF TREASON UNDER THE ROman Empire. By T. W. Court. By W. P. Pain, LL B., Barrister-at-Law 169 45, 117, 260 Company Votes. In Person or by Proxy ? Trustees' Investments and Depreciation Preference Shareholders and their Shares Transfers, Calls, and Contributories... Change of Name of Registered Trade Mark Proprietor 51 Sale of Private Business to a Limited Company Landlords, Tenants, and References... Knock-out Sales and Puffers... Are Continuing Noises a Nuisance ? A Case for Chambers 264 The Right to Fish and Profit à Prendre County Councils and Urban District Councils and Repair of ... I21 Page OBITER Dicta ... I, 59, 139, 2II PROCEDURE IN Poetry. By James Williams, D.C.L., WILLIAMS 224 53 54 55 56 56 56 56 57 57 58 58 ... Taswell-LANGMEAD's English Constitutional History Probates and Administrations Common Law Law Temple Bar Femme Mariée ; Les Salaires de la Famille Ouvrière KILBURN'S Admiralty Jurisdiction and Disorder 127 127 128 129 129 130 131 131 132 133 133 134 134 AND 199 199 200 i : 201 202 0 Page Chancery, A.D. 1364 to 1471 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 Libel 205 DE COLYAR, Law of Guaranties 206 BULLEN, Dodd, AND CLIFFORD, Bullen and Leake's Precedents of Pleadings 206 Macy, The English Constitution 208 BASTABLE, Theory of International Trade 208 DURANDO, Il Tabellionato o Notariato 208 PUBLICATIONS OF The Selden Society, Select Pleas in the Court of Admiralty, Vol. II., A.D. 1547-1602 271 ELTON AND Mackay, Robinson on Gavelkind 272 Bund, Oke's Game Laws 273 Encyclopædia of the Laws of England. Vol. II. ... 273 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 161 RIGHT OF COUNSEL TO BE INSTRUCTED BY LAY CLIENTS. By JUNIUS. 73 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., I, 37, 55, 89 II2 THE LAW MAGAZINE AND REVIEW. No. CCCII.- NOVEMBER, 1896. Obiter Dicta. THE 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 hótel 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 ; even of an Embassy being used as a gambling house, or a foundry for false coin. or an 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 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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