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with which the rooms have been fitted up. We have often pointed out the advantage likely to result to the public, not merely from the removal of the Paymaster to
the neighbourhood of the legal offices, but also from the LONDON, JANUARY 10, 1880.
proposed remodelling of his office in six divisions; and in the present depressed condition of the national finances
it may not be altogether unimportant to remember that CONTENTS.
the Government is now practically paying heavy rent
for two sets of offices for the same department, one of CURRENT TOPICS :
them being unoccupied. The Judges' Chambers
187 Baron Huddleston.. ..................................... 187 The Chancery Paymaster
..................... 187 Dr. Heffter
187 Tbe Chancery Cause List
BY THE DEATH of Dr. Heffter, Germany has lost one of The Books to be kept by Justices' Clerks......................
her most distinguished public jurists. His great work Servants' Characters
is perhaps the most authoritative of recent treatises on Cab Law
188 The Forms in the Schedule to the Summary Jurisdiction Act
international law, and is remarkable alike for clearness Rales...........
of classification and for the care with which the stateThe New Postage Stamp ..................................... 188 ments are supported by the citation of authorities. It was Lincoln's-inn Common Room
..................... 189 Order of Transfer
first published in 1844, and reached a second edition in 1848. LEADERS:
In 1857 M. Bergson translated it into French, and after his Goverr ment Interference on behalf of Foreign Bondholders 189 Our Judicial System...................................
death his version was revised by the author. In 1860 REVIEWS
191 a Greek translation was published by a learned professor GENERAL CORRESPONDENCE......................................
at Athens, and it has been stated that in 1864 the book OBITUARY..
...................................... 191 SOCIETIES........
was translated into the Polish language. It is by this LAW STUDENT'S JOURNAL
............................. 192 work, of course, that Dr. Heffter is best known, but he had The Question in the Bedingfield Case ............................
194 AFPOINTMENTS, ETC......... ................................ 196
previously produced several other books on Roman Law COMPANIES .................................................... 197
and other subjects, and a treatise on the German criminal MAYOR'S COURT, LONDON
law. He studied law at Leipsic and Berlin, and in 1820 CREDITORS' CLAIMS ..................................
199 COURT PAFERS ..............................................
200 became assessor of the Court of Appeal at Cologne. PUBLIC COMPANIES ...
In 1822 he was appointed Professor in the University of LONDON GAZEITES, &C., &c. ................
Bonn, and after remaining there about six years, re
moved to Halle, and thence to Berlin, where, among CASES REPORTED IN THE WEEKLY REPORTER.
other offices, he had held those of Professor in the Uni. Collins v. Locke (P.C.).....
189 Collins y. We'ch (App.)
208 versity and President of the Council of the School of Dean, Ex parte. In re Dean (App.) ........................... 204
Law. Grifia, Ex parte. In re Adams (App.)
208 Jackson's Will, In re (Ch.Div. M.R.)
209 assey F. Allen (Ch.Div. V.C.H.)..
THE CHANCERY CAUSE LIST contains 459 causes, Morewood v. Correy (Ch.Div. V.C.H.)
.............. 213 Peres, in re. Lillingston v. Pares (Lon.)....
193 distributed with tolerable evenness between the five Sir John Moore Gold Mining Company, In re (App.).
203 chancery judges. The paper of the Master of the South Llanharran Colliery Company, In re (App.).
194 Sturges v. Bridgman (App.)......
Rolls contains 103 causes, including 37 with wit
...................... 200 Sykes v. Howarth (Ob.Div. Fry, J.) ............................ 215 nesses ; that of Vice-Chancellor Malins contains Taylor, Ex parte. In re Grason (App.).. ...................... 205 85 causes ; that of Vice-Chancellor Bacon Watson, Ex parte. In re Roberts (App.)
205 Wbeeldon v. Burrows (App.).....
that of Vice-Chancellor Hall 89 causes (including 37 with witnesses); and that of Mr. Justice Fry contains
99 causes, including the 50 recently transferred. The CURRENT TOPICS.
cause list for last Hilary sittings contained 378 causes
only. The appeals for the present sittings number, from UNEXPECTED DIFFICULTIES have arisen with reference to the Chancery Division, 64 from final orders and 33 from the working out of the arrangements made by the interlocutory orders, making in all 97 chancery appeals. recently issued rules of the Supreme Court, relating to There are 101 appeals from the Common Law Divisions, the transfer of officers from one department to another, of which 16 are from interlocutory orders. From the and in consequence of these difficulties, delay is occa Probate, &c., Division there are 16 appeals, 3 of which sioned in the vacating by the present occupants of the are from interlocutory orders, and there are about 30 bank. rooms set apart for the judges. The result is that the ruptcy appeals, making in all 244 appeals, as against proposed removal of the judges' chambers from Rolls 208 appeals last Hilary sittings. The result of the Garden to the Royal Courts of Justice has been post lists is to show a heavy increase in the pending work poned.
alike of the Chancery Division and of the Court of
Rule 3 of the rules under the Summary Jurisdiction not improbable that Mr. Justice Fry will be called upon
Act prescribes that the “clerk of each court of sum. to fill the place of circuit judge. No definite arrange
mary jurisdiction shall keep the register required to be ment, however, had been made up to Thursday after.kept by him in pursuance of the Summary Jurisdiction noon, and at that time Mr. Justice Fry had directed
Act, 1870 (see section 22], with such particulars as appear twelve causes to be in his Chancery paper on Monday.
by the form in Part III. of the schedule hereto.” The register is, by section 22, to be “a register of the
minutes or memorandums of the convictions and THE SUITE OF ROOMS in the Royal Courts of Justice set orders of the court, and of such other proceedings as apart for the Chancery Paymaster still remains unoccu. are directed by a rule under the Act to be registered.” pied, not-we need hardly say-from any reluctance on The form contains six columns, in which will have to be the part of that official to avail himself of the handsome entered the names of the complainant and defendant, accommodation provided, but from the neglect of the the nature of the complaint, the “minute of adjudicaTreasury to provide him with a staff competent to per tion, and the names of the justices adjudicating." It is form the work of the office according to the require- plain that the keeping of this register will entail a conments contemplated in the arrangement entered into siderable increase of labour on the part of clerks to between himself and the Treasury, and in accordance | justices, and these gentlemen will, no doubt, turn their
attention to those provisions of the Acts 14 & 15 Vict express a hope that such "regulations” as may seem to c. 55, 8, 9, and 40 & 41 Vict. c. 43, which allow salaries be desirable will be placed in a schedule to the Bill, to boto be “ varied.” The register itself, of which the germ altered by the Home Ofice in case of necessity, and we may be found in the register directed to be kept by the would suggest that sections 37-68 of the Town Police Licensing Act, 1872, will no doubt be useful to justices Clauses Act, 1847, which regulate hackney carriages in of the peace, if they choose to take the trouble to exer all large towns (for they are incorporated by section 171 cise that privilege of search which the Act allows to them of the Public Health Act, 1875), may very well be taken only, and to persons authorized by them or by a Secre as models. The thirty sections contain nearly as much tary of State (section 22, sub-section 6). Similar observa as the whole body of the metropolitan statutes put tions apply to the form of account of fines, “ to appear in together, and it has not been found necessary to amend chronological order,” to the remitted fees-book, and to the them. With regard to amendments of substance it may security-book, which is to show “the name and address be suggested that cabs should be divided into two classes, of each person bound, showing whether he is bound as like the voitures de place and the voitures de remise of principal or as surety, the sum in which each person is Paris. And we cannot but think that the 9th section bound, the undertaking or condition by which he is. (sub-section 3) of 32 & 33 Vict. c. 15, which enables a bound, the date of the security, and the person before Secretary of State to make regulations (among other whom it is taken.” The entry of all these particulars things) " for fixing the rates or fares as well for time as will require much attention and neatness, and in course for distance to be paid for hackney carriages, proof time the accumulated "books” will form an exten- vided that it shall not be made compulsory on the driver of sive library. We somewhat miss a rule providing for any hackney carriage to take passengers at a less fare their destruction after a given period of time-say twenty than the fare payable at the time of the passing of this years.
Act,” had better disappear from the statute-book unless some return to the public in the shape of improved
accommodation be stipulated for. As a matter of fact A CASE heard before one of the metropolitan police the power of increasing fares has never been exercised courts this week reminds us of a useful but comparatively by the Home Office, and it is at least doubtful whether little-known Act, which was passed with a view of add
such a power should be intrusted to the executive. ing to the security to be derived from servants' characters. It would be well that servants should know that the 32 Geo. 3, c. 56, makes punishable with a fine of £10 or imprisonment any person who falsely personates THE COPIOUS AND ELABORATE FORMS which are appende a master or mistress, and gives any false, forged, or to the rules under the Summary Jurisdiction Act, 1879, counterfeited character to any one offering himself or "do not,” we are reminded in a preliminary note
, herself as a servant; or who knowingly and falsely "supersede those in the schedule to 11 & 12 Vict. c. 43, asserts in writing that any servant has been hired for which may, so far as they are not inconsistent with the any period of time or in any capacity other than that provisions of any later Act, be still used in cases to in which he or she shall have hired such servant; or that which they are applicable.” The forms under both Acts any servant was discharged or left his or her service at are permissive only, the Act 11 & 12 Vict. c. 43 enacting, any other time than that at which he or she was dis by section 32, that “the forms in the schedule to this charged or actually left; or that any such servant had Act contained, or forms to the like effect, shall be good, not been hired or employed in any person's service. valid, and sufficient in law," and the new rules proAnd the same penalty is imposed on any per- viding (No. 30)“ that the forins in the schedule hereto or son offering himself or herself as a servant who forms to the like effect may be used, with such variaasserts or pretends that he or she has served in tions as circumstances require." We think it is much to be any service in which such servant shall not have deplored that the full powers of section 29, par. (b), and actually served, or offers himself or herself with a false, sub-section 2 "to prescribe the forms to be used under forged, or counterfeit certificate of his or her character the Summary Jurisdiction Acts or any of them,” and to or skill, or adds to or alters, effaces, or erases any word, “annul” any forms contained in the Summary Juris&c., in any certificate given to him or her by his or her diction Act, 1848 (11 & 12 Vict. c. 43), have not been last or former actual master or mistress; or having been exercised in the matter of the latter forms. If statutory before in service shall, when offering to hire himself or forms are meddled with at all, they should be completely herself as a servant, falsely and wilfully pretend not to abrogated and superseded. A good precedent for proper have been hired in any person's service. In the recent action in this matter may be found in the rules issued case, a servant who had been dismissed for misconduct, by the Local Government Board under the Bastardy Act, twelve months afterwards assumed the name of a fellow 1873, s. 6, which exercised the power of issuing new servant who had been with her in her former place, but forms so completely that the statutory forms appended had since left; and applied in such name to the former to 8 Vict. c. 10 were swept away from the statutemaster for a character. The fraud was discovered, and book by the Statute Law Revision Act, 1875—whether the servant was convicted.
rightly or wrongly we need not here inquire.
IT HAS BEEN STATED by one of the leading cab pro THE NEW PENNY POSTAGE STAMPS have the solitary prietors of the metropolis that the Acts relating to hack merit of adhering to paper as well as receipt stamps do ; ney carriages in the metropolis are about to be consoli- but in most other respects they are a questionable dated by the Home Office. We trust that this state improvement. As a work of art they are lamentable. ment may prove correct. The statutes appear to be The engraving is coarse; her most gracious Majesty is eight in number, and, taken as a whole, they contain represented with something like a black eye and an more repetitions than any set of statutes we appearance of discoloration on the temple'; her lips acquainted with; one was passed (if we remember are African in character, and her profile is entirely right) in a panic after a cab strike; the direction devoid of expression. As regards utility, the colour of of another that cabs must carry a lamp has been the new penny stamp appears to be an adaptation of that habitually disregarded; and the last enables a Secre used in the judicature stamps, which, as most persons tary of State to make “regulations overriding who have to deal with them know, are apt to lose their most of the statutory provisions, but directs that “all colour on being dipped in water. The object in both the provisions of the Acts relating to hackney carriages" cases is doubtless to prevent cancelled stamps from being shall continue in force subject to any such regula. cleaned and used again, but in the case of stamps in tions. With regard to the form of the law, we would such universal and careless use as penny postage stamps
it would seem to be more desirable to prevent this by the use of indelible cancelling ink than by fugitive GOVERNMENT INTERFERENCE ON BEHALF colour.
OF FOREIGN BONDHOLDERS.
In connection with Lord Salisbury's recent reply to the FOLLOWING THE EXAMPLE set by the Temple Benchers, the general principles laid down by Lord Palmerston in
Turkish bondholders, it may be interesting to refer to the benchers of Lincoln's-inn propose to devote a set of 1847, when Lord George Bentinck proposed to obtain rooms to providing common rooms for the use of members of Lincoln's-inn, both barristers and students, pro- holders of unpaid Spanish bonds.
redress from the Spanish Government for the English vided a sufficient number of members of the society
Lord Palmerston fully admitted that according express a wish to subscribe 103. 6d. a year. The rooms will consist of a reading-room, writing-room, and enforce from another Government redress for all wrongs
to the law of nations, one government was entitlea to smoking-room, with a kitchen for providing tea and done to its subjects
, including the non-payment of debts coffee, &c., on a tariff to be settled by the committee, due to them from foreign bondholders, but he pointed and they will be managed by a committee to be elected
out that there might be differences as to the expediency of by the subscribers.
'thus interfering in different cases. If a foreign Govern
ment forcibly seized the property of British subjects OUR READERS will find in another column a copy of an
it would clearly be the duty of the British Government order of transfer of fifty causes from the Master of the to enforce redress. So it would be if a British subject, Rolls to Vice-Chancellor Bacon, and, for the purpose of engaged in trade with the subjects of a foreign country, trial or hearing only, to Mr. Justice Fry.
cannot obtain from the tribunals of that country the redress he is entitled to, it being to the advantage of this country to encourage commercial dealings with foreign
countries. But, on the other hand, it was not for the At the recent Surrey Sessions the learned chairman (Mr. advantage of this country to encourage British subjects Hardman), in his address to the grand jury, alluded to the to invest their capital in loans to foreign countries ; and Habitual Drunkards Act, which had just come into force. if the principle were established that the payment It was a desirable statuté, but there might be a difficulty in of such loans would be enforced by the arms of Eng. carrying it out, as before persons could be sent to "retreats land, the British nation would always be liable to they had to declare themselves habitual drunkards. He be involved in serious disputes with foreign countries thought it would be an improvement in the law if courts had upon matters with regard to which the British Governo the power to deal with persons who were led into crime ment had never been consulted. through their own intemperance by sending them to retreats
Lord Palmerston, however, both in this speech and to be under control and treatment without their consent.
in a circular which he issued in January, 1848 Referring to the Summary Jurisdiction Act, he said he (See Phillimore's International Law, vol. 2, p. 9), thought it contained some admirable provisions, but in his opinion there were difficult clauses which were unintelligible warned the defaulting Governments that the British and unworkable, owing to the number of alterations which Government might hereafter be compelled to depart had been introduced during its progress in Parliament.
from its established practice, and to insist At the Surrey Sessions on Tuesday a discussion took place this threat has never been acted upon, and
the payment of debts due to British subjects. But
ild on the salary of the clerk of the peace. The July Quarter be practically very difficult to put in execution against Sessions recommended an increase of £500 a year to be made to the salary of the clerk of the peace (Mr. Wyatt), after a
any State with a large debt and financially embarrassed. strenuous opposition on the part of Lord Midleton. The
For such a State, the first step towards paying its debts matter had subsequently been under the consideration of the is the establishment of a competent and honest adminisHome Secretary, who had declined to sanction the increase. tion, and this is, in most cases, more likely to be In the letter written by Mr. Godfrey Lushington from the hindered than advanced by the hostile action of a Home Office it was stated that the emoluments of the office foreign Government, even if that one power were allowed in salary and fees amounted to £2,240, that his whole time to interfere by itself, and were not obliged (as it was not required, and that he was entitled to follow his probably would be) to defer to the jealousies of private practice. In order to place the payments on a legal other Powers and ask them to co-operate with it. footing, the Home Secretary made an order for raising the
But, apart from the practical difficulties of enforcing salary from £1,150 to £1,375. The increase of £225 would payment, the financial history of Turkey, Egypt, be merely nominal, as it would represent the average and Peru (not to go back to Spain and other annual amount of the additional payments that bad been made to the clerk of the peace during the last five years, without earlier instances of lavish borrowing, followed by rethe authority of the Secretary of State, in respect of services pudiation), shows that facilities for contracting foreign relating to the Contagious Diseases (Animals) Act and the Par- loans are rather a danger than an advantage to an illliamentary Registers. The chairman (Mr. Leycester Penrhyn) governed State, and that any alteration in the British moved, in consequence of the letter, that the order of the court, rule against interfering on behalf of foreign bondholders, made at the Midsummer Sessions, 1873, sanctioning payments which would assist similar borrowing for the future, to the clerk of the peace for work done and expenses would be very undesirable. And it would be difficult to incurred onder the Contagious Diseases (Animals) Act, be interfere at all without doing this. rescinded, and also that the order of allowance made in 1877 for the Parliamentary Registers be likewise rescinded. Lord Opslow seconded the motion, and an The Western Jurist says that a Western lawyer, who was animated discussion ensaed, Mr. Hardman deolaring that blind in one eye, in addressing the jury, said: “In my be had studied the Act under which the orders were made, argument I shall not use anything but what is absolutely and believed the court had authority to make the orders. necessary." "Then,” remarked one of the jurymen, “ tako Mr. G. Austin thought that the Home Office was encroach. one of the glasses out of your spectacles." iog on the rights of the magistrates. Mr. Hipde Palmer, Q.C., moved an amendment, “That, inasmuch as it the chairman, announced that probably it would be the last
At the Gloucestershire Quarter Sessions, Mr. Dorrington, appears from the letter of the Secretary of State, dated time he should preside in that court, as he stood first on the the 28th of August, that the procedure required by the list for sheriffs for the ensuing year, and it had been decided statute of 14 & 15 Viot. o. 55 bas not been complied with, that his holding the county chairmanship, did not exempt the validity of the order of the Secretary of State, dated him from serving as sherift
. Mr. Barwick Baker moved a the 20th of November, and purporting to be made under memorial pointing out the inconvenience of such appointthe statate, is open to doubt, and that the forther con- ment, which could best be obviated by deciding that county sideration of the subject be adjourned to the Easter Ses chairmanship should be an excuse from shrievalty. Earl siops." Lord Monson seconded the amendment, bat the Ducie, the Lord-Lieutenant, seconded the resolution, which motion was ultimately carried.
was carried unanimously.
sent state of existence from that which they enjoyed OUR JUDICIAL SYSTEM.
previously to the Act, except that in most cases two A CONSIDERABLE period of time has elapsed since the judges only sit instead of three. It is unnecessary to Judicature Acts came into operation, and we may now recapitulate the comments that have frequently been fairly form some estimate of the result of perhaps the made on this state of things. It has been objected that most sweeping measure of law reform that, so far as
it causes a waste of judicial power, and that it is absurd practice and procedure are concerned, was ever passed. and illogical to employ several judges at Westminster to Very vague and unpractical ideas existed in the minds do what one judge does at Lincoln's Inn. An attempt of many among those who talked loudly of law reform was made to bring about an alteration in this respect by at the time when the new enactments were fresh topics the Appellate Jurisdiction Act, 1876, but this Act has of discussion. Very absurd ideas, for instance, pre
not been very fully carried out in this respect, and, as it vailed on the subject of the fusion of law and equity. seems to us, for obvious reasons. It was & piecemeal The notion that every judge should administer all and incomplete measure, and appears to have overbranches of the law indiscriminately seems to us un
burdened the Court of Appeal without obviating the practical. It is contrary to the fundamental principle necessity for divisional courts. It seems to us that the of the division of labour. It would deteriorate the only adequate way of dealing with the matter and fully quality of the law, and would tend to make it more carrying out the policy of the Judicature Acts is to uncertain. Division of labour tends to produce per
abolish divisional courts of more than one judge altofection in the performance of particular processes, but gether for the purpose of the ordinary proceedings in an it, no doubt, tends to narrowness of general capucity, action, and to increase the staff of the Court of Appeal, It is clearly desirable that there should be tribunals throwing upon it a great part of the work that the old dealing with all branches of law in order that the courts in Banc used to perform. There is no doubt that harmony between them may be maintained, and some
a great deal of Banc work was really in the nature of thing of philosophical breadth be preserved in the whole appellate jurisdiction—such as motions for new trials on system. But it seems to us that these should be tribunals the ground of misdirection. We should vastly prefer of appeal, where matters are generally more fully and such a system as that we sketched out some time leisurely argued than before the inferior tribunals. We ago.
(22 SOLICITORS' JOURNAL, pp. 346, 367), in cannot think it desirable that when rapid dispatch of which the single-judge system was contrasted with the business in matters of first instance is required, it should three-judge system, We still entertain the strongest come to be the theory that any intelligent man can, by opinion that a single judge does not constitute a good the light of nature, dispose of matters of a technical tribunal for the decision of points of law or of mixed nature with which he is wholly unacquainted. The
law and fact, still less of fact alone. We do not believe unfamiliarity of a judge with the subject matter of in a system which produces a weak and unsatisfactory inquiry causes, to say the least of it, very great delay, tribunal of first instance and numerous appeals, in which, and it is always mischievous when the counsel engaged versed. But the difficulties in the way of working out
as often as not, the decision of the court below is reknow, and know that they know, a great deal more about the matter than the judge. It is a false position a three-judge system in courts of first instance are very for all parties. The present system of leaving two great under existing circumstances. The chancery common law judges to deal with equity matters in lawyer has a great faith in the one-judge system. The vacation is absurd, and we cannot think that sending common lawyer has an almost invincible belief in Vice-Chancellors to try murders is anything better than the jury system as applicable to facts, however technical a reckless experiment. We believe that though it is and complicated. The system we sketched out in the right that there should be but one court of justice, articles we refer to contemplated the application of the nevertheless there ought to be various members, so to three-judge system to the Chancery Division, and very speak, of that one body performing special functions. I considerable restriction of the use of trial by jury. We At present, however, it seems to us that we are very far firmly believe that if such a system could be established, from having arrived at anything like symmetry or
it would be a far more reasonable and satisfactory one, harmony in the interior arrangements of our one court and if it were a question of establishing a judicial of justice.
system de novo, there would, in our opinion, be no With that natural conservatism so distinctive of question about the matter ; but there are, we must admit, than it is logically defensible, the framers of the Judica- while, as we have said, the working of the new system Englishmen, and which is practically far more beneficial great difficulties arising out of long previously
conditions, political, legal, and social. In the meanture Acts endeavoured to combine as little disturbance has resulted in a most anomalous and unsatisfactory of the associations and arrangements of the past as pos- state of things, and if the plan we have always advocated sible with the new and more philosophical system that cannot be adopted at present, let us, at all events, make they were intending to establish. It was thought, and probably with justice, that so the change might be most
our system for the time being thorough and harmonious. safely and conveniently accomplished, and no rude shock How this should be accomplished we propose to consider
hereafter. given to the continuity of our judicial system. It was probably thought that the new system would gradually in its working throw out those elements of antiquity that some years ago an English gentleman bequeathed to
It is said, remarks a writer in the Central Law Journal which were fundamentally inconsistent with itself. These expectations have been very largely fulfilled with England notes. The elder got £51,200, and the younger
his two daughters their weight in one pound Bank of the help of some supplementary legislation ; but it seems
£57,344. A story is told of the famous French grammarian, to us that matters have now come to that pass in Vaugelas, as an instance of eccentricity: He was in receipt which certain remnants of the old system obstinately of several pensions, but so prodigal in his liberalities that he bar the way to the complete symmetrical development of always remained poor, and was rarely out of debt, and finally the new. The truth ought to be faced, and at whatever acquired the soubriquet of hibou, from his compulsory, sacrifice to old and cherished historical associations, that assumption of the habits of that animal, only ventaring in the that which is really incompatible with the essence of the streets of a vight. After disposing of his property in his will, new system ought to be abolished.
he said: “Stiú it may be found that after the sale of my By the Judicature Act the old Courts of Queen's only means I can think of to meet them is that my body
library, these funds will not suffice to pay my debts. The Bench, Common Pleas, and Exchequer were sub may be sold to the surgeons on the best terms that can be obstantially preserved under the name of Divisions, tained, and the proceeds applied, as far as they will go to and ever since then, under the name of Divisional the liquidation of my debts. As I have been of little Courts, they have continued to sit at Westminster, service to society while I lived, I shall be glad if I can without much apparent difference in their pre- I become of any use after I am dead.”
of the stem. He must, I presume, mean the “visible Rebiews.
boundary" to be its outside branches, but these outside
branches overhang the strip of land in question, and JUSTICES OF THE PEACE.
this strip of land the Lords Justices have decided has
become surplus land and lapsed to the plaintiff. THE JUSTICES' NOTE-BOOK. By W. Knox WIGRAM, The Vice-Chancellor evidently foresaw this difficulty. Barrister-at-Law, J. P. Middlesex. Stevens & Sons.
The hedge of the Vice-Chancellor is a real one, that of The title and plan of this work are rather happily the Lords Jastices imaginary. Not only, therefore, nas conceived, and it is not bad reading, even for persons the Court of Appeal shirked the main question, but they who are not justices. The main fault we have to find have given the railway company as a boundary a hedge with it, indeed, is that it is such good reading. There which cannot be defined. is not a little padding which is amusing enough on a With regard to the question of light and air, as first perusal, but seems to be rather out of place in a work between ordinary owners of adjoining lands, the intended for constant reference. The disquisition on Government might deal with this by passing an Act (as the birch rod, the sarcastic observations on the expecta- they did in the case of the Real Property Limitation tions frustrated by the withdrawal of the Criminal Code Act, 1874), and which should not be retrospective, providBill, the observations on husband and wife, and some ing that after, say, the year 1882, time should not establish of the anecdotes are illustrations of the contents to which a right to light. No one would suffer, property would we refer. We confess, however, that we should be sorry not be depreciated, and frequent disputes would be to miss some of the anecdotes—e.g., “A man was in- | avoided. dicted the other day for stealing a watch from the I cannot establish a right of light or to a view if I pocket, which, in professional fashion, he had at once walk every day to the end of my garden to look at my passed on to an accomplice. Consequently, he was neighbour's apple trees; then why should I be able to do searched in vain. The evidence, however, was clear so if I put up a window to look through, and why, enough, and while the jury were considering their ver because either through negligence or oversight the light dict, I saw the judge, by whom I chanced to be sitting, is not stopped within the prescribed period, should my write down the word 'guilty' at the foot of his notes. neighbour be bound to respect it, and to keep a certain He should have waited a little. The prisoner had been distance so as not to interfere with its rights and vell defended; the case was the first which that jury privileges ? had tried, and they couldn't get over the tumultuous The right to claim light from adjoining property eloqnence of his counsel about the watch not having should not exist, and should this ever become the law of been found. So in five minutes' time they turned round the land one great source of litigation will have been and mildly answered ‘not guilty. "Gentlemen,' said swept away.
“ LIGHT AND AIR.” the judge, as the prisoner bolted like a rabbit down the steps, 'I may now tell you that I have here four previous convictions for similar offences against that man. Oh, my lord, why couldn't you say so before ?' said the
Obituary. foreman.” Some of the headings, such as Agreement (p. 60), and Election, Parliamentary (p. 152), seem to
MR. CADWALLADER EDWARDS PALMER. have a rather remote connection with the subject. But when this has been said we have nothing but praise for
Mr. Cadwallader Edwards Palmer, solicitor, notary, and the book, which is a justices' royal road to knowledge, proctor (one of the oldest members of the legal profession in
Mr. and ought to lead them to a more accurate acquaintance Palmer was admitted a solicitor in 1816, and had practised
Devonshire), died at Barnstaple on the 27th ult. with their duties than many of them have hitherto for nearly sixty years at Barnstaple. He had a large possessed.
private practice, and had been for several years clerk to the Commissioners of Land, Assessed, and Property Taxes for the divisions of Braunton, Sherwell, and Fremington.
He was also a notary public and deputy-registrar of the General Correspondence. archdeaconry of Barnstaple. Mr. Palmer took an active
interest in municipal business, and he was one of the NORTON v. LONDON AND NORTH-WESTERN borough aldermen, and honorary secretary to the Barnstaple RAILWAY COMPANY.
and North Devon Dispensary. [To the Editor of the Solicitors' Journal.]
MR, ALAN BACKHOUSE SALMON. Sir,—The report of this case in last week's issue of the WEEKLY REPORTER, p. 173, will have been read with great firm of Salmon & Major), of Ulverston and Barrow-in
Mr. Alan Backhouse Salmon, solicitor and notary (of the interest by all persons concerned with the question of light and air to property, and it is deeply to be regretted Mr. Salmon was admitted a solicitor in 1862, having served
Furness, died at Oubas-house, Ulverston, on the 5th inst. that the Court of Appeal has shelved the main question. his articles with the late Mr. Robert Francis Yarker, with This will have to be fought at a future time ; meanwhile whom he went into partnership, and whom he afterwards the judgment seems to leave matters worse than they succeeded in the office of clerk to the county magistrates for were.
the division of Lonsdale North. More recently he was The customary width of four feet outside their fence associated in partnership with Mr. Seymour Edward Major, was claimed by the defendants, and the Vice-Chancellor having a branch office at Barrow-in-Furness. He was a allowed them two feet, but this the Lords Justices declared notary public, and a perpetual commissioner for Lancashire to have lapsed as surplus land. Lord Justice James in and Westmoreland, and he was also clerk to the magistrates his judgment says, " The defendants have wholly failed for the
division of Barrow-in-Farness, clerk to the Uiverston to establish their defence in respect of the ownership of
Town Lands Trustees, and Liberal registration agent for the
Ulverston district. any ground outside their quickset fence;" and, again, "The hedge should be the real boundary--the visible boundary."
MR. CHARLES WOODBRIDGE. Euclid's definition of a line is length without breadth, and if a growing hedge is in this category I can under- Uxbridge, on the 23rd ult. Mr. Woodbridge was born in
Mr. Charles Woodbridge, solicitor, died at the Old Bank, stand the language of the Lord Justice. A growing 1796. He was admitted a solicitor in 1821, and soon afterhedge, however, has breadth as well as length, and surely wards commenced practice at Uxbridge. He was for many the Lord Justice cannot mean that the plaintiff has the years in partnership with tha late Mr. Thomas Harry right to cut away the defendants' quickset to the centre | Riches. More recently he was associated with his sons,