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return to the barracks shortly after tho offence. Whether I was rightly
informed I cannot, of course, say; but the risoner undoubtedly by
keeping his defence back to the last moment, and then bringing it unex-
pectedly before the jury, got an advantage which he assuredly ought not
to have had. This trick or keeping back a defence is one of the most
dangerous to public justice which could be playodlki pefgong ggcuggd of
crime. I have known many cases of it, and th' it is well worthy of
consideration whether, before their committal, prisoners ought not to be
examined before the magistrates, and whether a power of adjournment
might not be intrusted to judges when such points are raise , in order
that they might be properly dealt with. I remember a case in which a
prisoner was tried for embezzlement. He was defended b counsel, and
was convicted. When called upon to say why he should not be sen-
tenced, ha gave an account of the transaction which his counsel had never
suggested, but which, on questioning the witnesses who had testified against
him, appeared to be, to say_ the very least, so hitghly probable, that the
jury desired to withdraw their verdict, and instea to return a. verdict of
I101? guilty. which was done. This was an illustrative case, and one of con-
siderable interest._ It shows both the strong and_the weak sides of the
proposed_change in the law. It shows its strong side, because it gives an
instance in which a man was enabled, by telling his own story to escape
from what would presumably have been an unjust conviction. It shews
°§ "1-ill" l"889§i-B. its weakness, because it shews how great an opportu:
nity the examination of prisoners might afford for artfully contrived
frauds and evasions of 'ustice. Each of these observations requires some
development. To take the strong side first. It must always be borne in mind
that the business of prosecul-in and defending prisoners, tllollghinsome
respects the most important branch of legal business, is the least
important cf all if it is measured in money, and that it is in
mflliycnses in the hands of the lowest class of solicitors and the least
experienced class of iJM'l'l9t€!S. A great criminal trial, iu which the
prisoner has plenty of money, and in which the prosecution is conducted
by the Treasury, is susceptible of little improvement, but the case with
the common run of criminal business is totally different. If the risoner
is not defended at all, he ma , and often does, fall into every iind of
mistake. He may hrve n good defence, and not know how to avail him-
Beif Of it. hie may be_ shy and ill-instructed, and not put it forward at
the _P'°P°! fame. He is probably not aware of his rights in res ect to the
calling of witnesses, and m therefore not be prepared with tgem at his
trial. If, on the other hang he is defended, he is in all probability in the
hands ofa solicitor of the lowest class, to whom he and his friends
Probably give some very small sum, say £2 or £3. The solicitor gets from
the clerk to the magistrates a copy of the depositions puts on the back
of them a sheet of paper endorsed “ Brief for the prisbiier Mr. --— one
Sumeflv" Piiys some junior counsel £1 3s. 6d., and tells him that‘ the
nature of the case appears from the depositions. The counsel does as well
P8119 (‘Q11 upon his materials, repeating with more or less energy and
"189!1\11ty the commonplaces appropriate to the occasion, and making the
most of whatever he may have been able to obtain b
cross-examination. The result is that if the case of a pau 5
Client presents any intricacy , or requires any special angu-
ti°11i ii? is very apt to be mismanaged and misunderstood I
have no doubt that in the case of embezzlement to which I have referred
somethinglike this had happened. The prisoner's counsel was a busy and
bkml“. be had obviously no instructirns which deserved the name, and I
lilppose knew nothing about the case beyond what the depositions told him
and what the prisoner could tell him in a few hurried unintelligible whispers
from the dock, and so he exposed his client to an imminent risk of con-
viction. From dangers of this sort prisoners would be effectually ro-
tected bi being made competent witnesses. Thev would be sure ad) all
°'°1_“5, of telling their own stories and, if the jiidge was competent and
Patlellh of having them understood. In order to appreciate the im-
l>°l'§fl11ce of this it is necessary to bear in mind the fact that it is often
"Wdmgiy difficult to understand prisoners and to appreciate the real
nature of what they have to say, and also that, it is quite essential to jus-
tice that they should be understood and lastly that far the easiest and
'afet_w°Y_of doing this is by questibning them. A prisoner, generally
”P°"k"i8. ls an ignorant, uneducated man dreadfully frightened very
much confused, and almost always under the impression that the judge
alfizlcls grow as uiiurilé abort his caabe, as ho (i(l)6€ hiinliielg and are able
_ e_cia w_a ver esasa utit,atoug wathe hasto
ggwnsuu mainly of imperfect adusicns which he does not ex lain.
° ~nerf I remember, who was charged with theft, made bitter
°°mP_ 11?-B, b way of an irregular cross-examination about his wife
Eisdsilspgpgaatpli several otplepl personssé 11 Iiiflhis bmogth fthese complaint;
_ s were w o y unin igi e t an s to the combined
effect" 01 Ignorance, confusion, fear, and anger ; but I found it
Pmslblei bY IW111 him hints which I must own were questions in
::llargl;ta;?1.{[nl:,t lppmgud olptlwhdt he treallfy miant, which Wiifldfglflt the
_ wasa aseone, go up rom asemotives an oundcd
gigglggeiglzipffisentatign of_ innocent actions. The jury thought the
dis; its .”w.=...§“?i‘§ .§§i%é‘f‘l§Z.'iZi i‘.§‘iE‘l§§l;. i§.§§§§.i‘§‘..1l?i°.'fiZ§§
c car d 5 - . . .
wouldyfizninlzhéfiigftgniy. In cases of this kind I _have no doubt that it
_ g est degree conducive to justice to make p1‘lE0lJ6l‘H
gralzuéigegliaefefl; but it must not be forgotten that prisoners are not
of their poaigion §:gl‘:1I‘Jet.w;I£Fe] $1937 Cases thogougpfiytgfell aspire
°i°“°1 '*"i5¢fl110o,which money};-ill rccure nfimcegrttzinlywls to llepfgaiidd
figgflalggeflloxfi o. pi:-giczpgk woiildi be‘s1p_ well advised as tolhis P0si1ti0i1i
the 'jtue"_ to? . pc n o is case, that he wou d be ab _e in
X ie with skil and effect. I think that this, especially

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not think it can be denied that the chan e suggested would in fact greatly multiply pp!-jury, and it is to be feared that, unless juries could be got harden the hearts against accused persons and their oaths, wrong acquittals would become even commoner than they are. Jurors arc usually ignorant, good-natured men, quite accustomed to the administration of justice, and willing to receive any plausible statement consistent with is prisoner s innocence as being enough at least to raise a reasonable doubt on th_e subject. If the change in question should be made, it would, I think, be necessary to modify the old doctrine about proving beyond all reasonable doubt the guilt of an accused person, for it would be a matter of moral certamty_that whenever a plausible story consistent with innocence could be devised, the prisoner would swear to it and find others to help him.

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The fifth annual general meeting of this society was held at their rooms, Imperial Arcade, Huddersfield, on Monday, the 25th of October. The chair was occupied by the president, Mr. Ci~i.\nuzs Mii.i.s, solicitor, and there was a good attendance of members. The report of the committee was read by Mr. Cusnuis Ham. (one of the hon. secretaries), from which it appears that the number of members is now fifty-seven, and that all the solicitors in practice in Huddersfield are members of the society. It also contains special mention as to the law library, conditions of sale of the society, the use of bankruptcy proxies and as to the advisibility of power being conferred for a general proxy to be given by a client to his solicitor. The committee noted that, as a result of a resolution passed at the previous annual meeting, ncarly all the members of their society had become members of the principal society of the United Kingdom; and they recorded that the prize modal founded by Mr. Alfred Sykes had been awarded during the year to Mr. David James Bailey.

The PRESIDENT, in moving the adoption of the report, referred to the address of the president of the Incorporated Law Society at the York meeting, and the opinion then expressed as to the assimilation of the law of real to that of personal property. Seeing that the legal charges and cost - in of c erty of the value of £100 was £3 and up to £300

fo- conveyanc g pr p ,
was only £5, Mr. Mi ls was of opinion that the real obstacle to small
h tof ca ital and he

owncrships was not the cost cf transfer but t e wan p ;
said this was evidenced by the fact that, though during the past twelve
years property had decreased in value, the number of small holdings
had not increased. Ho was of opinion that the profession had kept
pace with the growth of public opinion in the matter of legal reform, and
that it was very necessary to be extremely careful in making alterations
hurriedly. He instanced the various Bills of Sale Acts as having caused I
great amount of litigation, owing to unscientific drafting, and stated that
n his opinion the Act of 1882, instead of carrying out its principal in-

tention, of protecting needy persons from the extorticns of money-lenders,
had, owing to its being so stringent and so diflicult of construction, pre-
vented borrowers from obtaining money on the security of bills of sale
upon reasonable terms, and had thrown them into the hands of unprincipled
money-lenders who exact int/crest at exorbitant and ruinous rates owing to
the risk which is now involved in taking these securities. He thought
that the law affecting securities of personal chattels ought to be placed
upon an equitable and intelligent basis, and that all the public is entitled
to is to be protected against secret bills of sale. Beyond this the law
ought not to go, on the ground that it is impolitic and unjust_to limit the
power of disposition by the owner of property whether it is_i-eslty or
personalty, and that it would bebetter oiiher to permit of valid. bills of
sale being freely made, subject to due registration, or to abolish them
altogether. After referring to the codification of the criminal law and the
Bill drafted by Mr. Justice Stephen and the codification of the law of
partnership, Mr. Mills said that in his opinion there was one reform more
needed than all others in the method of legislation- viz, the system of

passing amendment Acts instead cf repealing the old law and embodying the old law as amended in a new Act; the effect of our present system of legislation being that our legislators heap Act upon Act to the mystifici\

tion of the law and the advantage of the lawyers: " Confusion becomes worse confounded," and it is no uncommon thing to hear our judges express astonishment at the careless and unscientific manner i_n which Acts of Parliament are framed. The president concluded his address by thanking the members for the cordial manner in _which they had co-operated with him in promoting the objects of the society.

Mr. LZARUYD seconded the adoption of the report, which was passed unanimously.

Mr. R. P. Biiimv, the treasurer, presented the balance-sheet and state

ment of accoimts, and they were adopted.

The Passinsxr propose , and Mr. WALTER Amiiraou seconded, and it was passed unanimously: “ That _Mr. Samuel Learoyd be appointed president of the society for the ensuing year.”

Mr. Lssiiox-n then took the chair as president, and thanked tlw

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Mr. JOHN HAIOH proposed, and Mr. Josarii Bo'i"i‘oMi.ai'_ seconded, find 115 was passed unanimously: “ That the best thanks of this society be presented to the president, governors, secretaries, treasurer, auditor, and committee for their services during the past year." _

This resolution was acknowledged by Mr. MrLLs, late president, and by Mr. C. HALL, one of the secretaries.

The Piiasiniayr (Mr. Learoyd) proposed, and Mr. HENRY Bsuxaa seconded and it was passed unanimously : “ That the following gentlemen be appoiiited to the offices named for the ensuing year :—Treasurer, Mr. R. P. Berry; honorary secretaries, Messrs. William Ramsden and A. W. Preston ; committee, Messrs. Walter Armitage, George Lewis Batley, Joseph Bottomley, Edward Foster Brook, Jonas Craven, J. H. Dransfield, G. G. Fisher, A. H. J. Fletcher, Charles Hall, and H. Moseley; auditors, Messrs. Benjamin Crook and C. H. Marshall." _

Mr. WILLIAM R-AMSDEN proposed, and Mr. C. Ham. seconded, and it was passed unanimously: “ That the society recommend to the committee the appointment of Mr. \Valter Armitage as deputy-chairman of committees.” _

Mr. C. MILLS proposed, and Mr. HENRY Banana seconded, and it was passed unanimously: “ That the annual subscription for the ensuing year

e £2 2s."

LAW STUDENTS’ JOURNAL. JLAW STUDENTS’ DEBATING SOCIETY.

At the weekly meeting of the socieg, held on Tuesday (Mr. J. D. Crawford in the chair), the motion for iscussion upon the paper was :“ That the decision of the Court of Appeal in the case oi Blackburn, Low, Q 6'0. v. Vigor: (17 Q. B. D. 553) was wrong." Mr. Bilbrough, in the absence of Mr. E. E. Davies, opened the debate, being followed on the same side by Messrs. Devonshire, McNab, and Biden, and opposed by Messrs. Foden, Pattinson, Buckmaster, and Bernard Hill. After Mr. Bilbrough had replied, the chairman summed up the arguments of both sides and put the motion to the society, when there voted for the motion nine, and against it eight, whereupon the chairman declared the motion carried. There were thirty-three members and two visitors present.

UNITED LAW STUDENTS’ SOCIETY.

The whole of Monday evening last was occupied in the discussion of business questions. The consideration oi the two most important subjects was also adjourned to the following week.

LIVERPOOL LAW STUDENTS’ ASSOCIATION.

The third meeting of this association for the present session was held at the Law Library on Monday. The chair was taken by Mr. J. W. Alsop, solicitor. A debate took place on the following subject :-“ That the decision of the Court of Appeal in the recent case of Pandorf v. Hamilton, Fraser, g~ Co. was right, and oulght not to be reversed on the appeal to the House of Lords.’ Mr. P. obcll, B.A., opened for the aflirmative, and Mr. P. A. Williamson, B.A., for the negative, and the following entlemen took léart in the debate :—Messrs. Marsh, Pierce Todd, AlhW0l'51, Brotherton,

hevalier, Bromfield Davies, Inglis, B shaw Whitt McCrossa

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- ; on n Bruce, Middle Temple; Alexander Hall Oarrington and Clement David Clarke, Inner Temple; John Singleton Clem L’ -‘ '

_ ons, _incoln's inn, James Walker Clydesdale, Middle Temple; Anthony Michael Coll, Inner Temple- Donald William Garden Cowie, Gi-ay’s-inn ; Pandid Bishan Narayan Dar, Middle Temple; F811! Arthur Davis and b:tephen Fairbairn, Inner Tam le; Edward Thomas Foakes, Lincoln s_-inn; William Pi-itchard Gordon, Arthur Grey, Henry Hyman Haldinste_in, and John Eustace Harman, 1111191Temlfle; Anthony Hope Hawkins, Middle Temple; William Higgins, Inner Temple ;' Inayatullah, Middle Temple; Pierce do Lacy Henry Johnstone, Gray ii-inn; Ebenezer Le Riche, Middle Temple; William John Lewin, Inner Temple; John William M'Cai-thy, Gray'sinn; Joseph Emile Patrick M‘Master, Robert Allan M‘Nab, William Ernest Montgomery, and Ernest William Pearson, Inner Temple~ John Samuel Phillips, Lincoln’s-inn; William Robert Roberts, Sidney Arthur Taylor Rowlatt, Arthur Joseph Russell, Thomas Bailey Saunders, Arthur Barnsley Shaw, Harry Redmund Thomson, and Harry Joseph Tun-ell Inner Temple; George Edwin Tyn-ell, Lincoln’s-iun~ William Naylor Vallance, Gray's-inn ; and Daniel Wards, Middle Temple.

The following students passed a satisfactory elilminafion in Roman law :—Cecil Mag Ar-iiudcll, Middle Temple; Edmund Ashton, Inner Temple; John eorge Bagram, Middle Temple; Lionel Barlow, Joshua

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Thomas Bell. and \Villiam Alexander Dorsey Bell, Inner Temple; Ram Bliagat and Ernest Brain, Middle Temple; James Hartley Butteirworthi Inner Temple; Charles Bobert Connell, Middle Temple; Stanley Victor Coote, Lincoln's-inn; Ernest Crossley, Inner Temple; James Curran. Middle Temple; Hayward Radclifie Darlington, Inner Temple; George Clement De Souza, Middle Temple; Charles Brook Dodson, Inner"'l‘empB ; Thomas Douglas and Alphonse Pierre Nicholas Du Toit,_ Middle al“mpl6 ; Stanle¥vEdwards, Inner Temple; William Henry Eldridge, Gray s-llm; John illiam Fowke, Middle. Temple; Ernest Gardner and (harles Carrington Hensley, Lincoln's-inn; Alfred Furcy Herchenroder, Middle Temple; Moses Roberts Jones, Gray’s-inn; Robert Whitehead hemp,

William Hessell Linsley, Henry Yarde Buller Lopes, Charles Lorimer, Frederic Edward Loyd, and Edmund Herbert Lyon, Inner Temple;

William Chartoris Mac herson, Middle Temple; Sheikh Madhi-Ha-scan,

Lincoln’s-inn; James Manuel, Inner Temple; John Moi-riso_n, Lincoln s inn; Hara Lal Mukurjea and Gulain ohamed Bawamia Munshee,

Middle Temple; Reginald James Neville Neville and Edward Henry Nightingale, Inner Temple; M‘Lean Ugle, Middle Temple; Longer Owen, Lincoln's-inn; Myles Patterson, Inner Temple; Ant ofiy Joseph Paulie, Middle Temple; Henry F-dward Pollock, Philip eathcote Rawson, Arthur Newton St. Quintin, and Henry Sandbach, Inner Temple; Michael Alfred Santley and Rajani Kanta. Sen, Middle Temple; William

Shakespeare and Jose h Shaw, Inner Temple; \Valter Sidney Shaw, Middle Temple; J oseph Egerton Shyngle, Inner Temple ; Henry Sniltll,

Lincoln's-inn; William Robert Smith, Middle Temple: John Silll-"811. Dawes Swinhoe, and Henry Symonds, Lincoln's-inn; George John Talbot, Inner Temple; Alexander James Thompson and Tamer Edgar Vaudagne, Middle Temple; Mowbray Frederick Vivian James Arthur Webber, Lincoln's-inn; Rowland Edward Whitehead. Inner Temple;

_William Basil Worsford, Middle Temple; and Arthur Young, Lincoln'smn.

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GENERAL.

Mr. Henderson applied on Monday to Mr. Justice Chitty for directions under peculiar circumstances. An original aflidavit, filed by his client, had been bitten by a terrier dog, who mistook it for a daily paper. He behaved that the dog was under “ proper control ” at the time, because the catastrophe happened indoors, but no doubt the dog had committed a gross contempt of court.—Mr. Justice Chitty (to whom the mangled ailidavit was passed)_ remarked that the animal had bitten the document in such a way as to mjure the name of the commissioner. Mr Henderson suggested thata further_afl'1davit should be made. Mr. Justice Chitty directed a further aflidavit verifying the mutilated portions to be made, and handed the aiildavit to the registrar (Mr. Lavie), after receiving an assurance from him that he did not keep a dog.

“The Tenant-Farmers and Agricultural Population of Scotland in th° 81‘F°°"th O°11t1!'.Y_" was the subject of Professor Mason's fink Bhmd L°°t111'°» delivered in_Edinburgh on Tuesday. As to the durations of land tenure, he said that the highest form of tenancy

Nov. 6. 1886. THE SOLICITORS’ JOURNAL. 35

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lllidlf a landlord was what was called tenancy by fou-fsrmo. This was tenancy in perpetuity by the payment of a certain stipulated annual rent and other dues, and was the next thing to freehold. Then there was tenancy by life-rent, in which case the holding was secured to the tenant for life if he continued to pay the stipulated rent. Far more common, however, was tenure by tack or lease for a stated number of years. Nineteen years was, he thought, the longest term in such cases ; tacks usually were for three, four, five, six, or seven years. This system of short lease was, one might say, the universal one between landlords and the better classes of tenants all over Scotland ; but there was a large number of small annual tenants or tenants at will, holding on in the same occupancies year after year, and even transmitting them to their descendants, but doing so by no express agreement, and therefore liable to be turned out on a change of landlord or on any change of circumstances on the part of the landlord in possession. Very many of the small tenants, and all the crofters and cottars, seemed to have been in this predicament.

On Wednesday, at the Manchester Assizes, before Mr. Justice Cave, Frederick Huxley, a solicitor, was charged with obtaining money by means of false retences at Manchester on the 12th of October last. It appeared) that two prisoners named Mary Kelly and Frances Turner were committed for trial at the Manchester October Sessions. The husbands of the respective women, being desirous that they should be defended by Mr. l\I’Keand, a barrister practising at Manchester, saw the prisoner Huxley and told him that they wished Mr. M'Kea.nd to be retained for the defence, and asked the prisoner what money he would require for the defence. The prisoner said he would do it for £6 10s., which was paid to him. Shortly before the sessions Kelly saw the piilisoner and asked him whether he had given the brief to Mr. M’Keand.

e prisoner said he had, and had paid Mr. M’Keand his fee—-‘S4 10s. 6d. These statements were untrue. For the defence it was contended that the prisoner was a man who had obtained as a student numerous medals and prizes, that the whole case turned upon a mere question of words, and that it was highly improbable that a man of reputation would agreeto undertake the defence of the prisoners and pay Mr. M'Keand £4 10s. 6d. when the whole amount he received was £6 10s. The jury found a verdict of guilty, and the prisoner was sentenced to three months’ imprisonment.—Tim¢s.

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Messrs. Rothschild & Sons have issued a prospectus of a Chilian four and a half per cent. loan for the conversion of the 1858, 1867, 1870, 1873, and I875 loans. The amount is £6,200,000, which is to cover the conversion and redemption, and also to provide £315,000 in cash for the purposes of the Chilian Government. Subscriptions may be made either in cash or in bonds of the above loans, and in the latter case allotment in full will be given with a cash bonus of 15s. er cent. For subscribers in cash the issue price is 98§ per cent., of wlhich 5 per cent. is payable on application, 15 per cent. on allotment, and the remainder by instalments extending to Feb. 10 next. Interest will commence from Jan. l_ next. The redemption of the loan is to be effected by an accumulative snaking fund of Q per cent. per annum.

The London and Westminster Bank (Limited) give notice that the conversion of certain outstanding debentures of the Government of the Cape of Good Hope into Cape of Good Hope Consolidated Four per Cent. Stock will close on the 15th of November.

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L0fldl.‘m Gaufte.—TUE3DAY, Nov. 2. 1886.
JOINT STOCK COMPANIES.
LIMITED IN Quaxcnnr.

Army axn Navy Horst. LmI'i‘nn.—Ci-editors are required, on or before Nov 11. to send their names and addresses, and the particulars of their debts or claims, to Charles James March. 15, King st, Cheapside. Thursday, Nov 1B, at 12, is appointed for hearing and adjudicating upon the debts and claims

BULL’s POWER C0, L.1M1T!:D.—Bacon, V.C., has bgi an order, dated Aug 7. appointed Charles Fitch Kemp. 8. Walbrook, to be o cial liquidntor. Creditors are required, on or before Nov ?9, to send their names and addresses. and the particulars of their debts or claims, to the above. Monday, December 18, at 12, is appointed for hearing and ad] ud_icating upon the debts and claims

Kxox, J omv, & Co, LnLrrzn.—Cred1tors are required on or before Dec 1. to send their names and addresses. and the particulars of their debts or claims, to Mr. Robert Alfred Brown, Sunderland. Tuesday Dec 21, at 12, is appointed for hearing and adjudicatirig upon the debts and claims

Cotmrr Psnarnvn or Lanoasrsm.
Unnncrrsn rs U!L\.NCEl?.Y. _

Annnrnr PERMANENT Bmzunxno S0(‘l_ETY.—Petn for winding up, presented Nov 1, directed to be heard before the Vice-Chancellor, at Aesize Courts, Manchester, on Monday, Nov 15. Killey, Liverpoal, solors for gamers

FRIENDLY b‘OCIE' ‘IE5 DISSOL ED.

Iivnnrnirnnmr Lonon or Umrnn Bnormrrs FRIENDLY Soomrr. Anchor Inn,

Gosty .l:l.ill, Halesoweu, Worcester. Oct 28

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