Page images


In the Court of the Commissioners for Sale of Incumbered Estates shire. For SALE, by Private Contract. the ADVOWSON

in the West Indies (Jamaica).- In the matter of the Estate of of the VICARAGE of TETBURY, in the Diocese of Gloucester and

William Ffarington and others, owners. Bristol, Tetbury is a healthy market town, containing between

Sale on Wednesday, the 24th day of November, 1880. 3,000 and 4,000 inhabitants, situate about six miles from Tetbury

JAMAICA. road Station, and about three miles from Malmesbury on the Great Western Railway. There is a good vicarage house and excellent

NOTICE is hereby given that the VALUABLE schools. The income is very considerable, chiefly derived from

IV SUGAR ESTATES," known as Y.S. and Ipswich, situate in tithes and glebe land. The present incumbent is upwards of 80 years

the Parish of St. Elizabeth, and “ Unity" Estate and "Pen," situnte of age. For full particulars apply to Dodds & Co., Solicitors,

in the Parish of Irelawny, both in the Island of Jamaica, containing Stockton-on-Tees. --Stockton, 11th August, 1880.

together 10,031 acres or thereabouts, with the fixtures, machinery,

and live and dead stock thereon, will be SOLD by AUCTION, in TWO THE Valuable LIFE INTEREST of a Gentleman,

Lots, by Messrs. HARDS. VAUGHAN, & JENKINSON, before

James Fleming, Esq., Q.C., and Reginald John Cust, Esq., Com. 1 aged 70 last birthday, amounting to about £857 per annum, in missioners for Sale of Incumbered Estates in the West Indies, at the the sum of £19,693 38. 3d., principally invested in Railway Debenture Sale Room of the Commissioners at the AUCTION MART, TokenStock, also two Mortgage Bonds for £3,500 and £500 of the Welland house-yard, Lothbury, in the City of London, on Wednesday, the Railway Company of Canada, which will be SOLD by AUCTION,

24th day of November, 1880, at ONE o'clock precisely. by Messrs. HERBERT BEAN & BURNETT, at the MART, Token.

The Purchaser will have an indefeasible Parliamentary Title house-yard, London, E.C., on WEDNESDAY, SEPTEMBER 1, at under the Seal of the Court. TWO o'clock precisely, in Two Lots.

Dated this 7th day of August, 1880. Particulars and conditions of sale of Messrs. Mullens & Bosanquet,

REGINALD J. CUST, Assistant Commissioner. Solicitors, 11, Queen Victoria-street, E.C.; or of the Auctioneers, 14, | Further particulars may be had at the office of the Commissioners, Nicholas-lane, Cannon-street, E.C.

2, Saint Martin's place, Trafalgar-square, London, W.C.; of the

undersigned ; of Messrs. Hards, Vaughan, & Jenkinson, 6, Moorgate GILLIBRAND ESTATE, CHORLEY, LANCASHIRE, street, London, E.C., the Auctioneers; of Mr. De Bonnier Spencer mo be SOLD by AUCTION, by LOMAX, SONS, Heaven, of Ramble Pen, Jamaica : and at the office of the Local .L & MILLS, in 122 Lots, at the TOWN HALL, in Chorley, on

Commissioners at Kingston, Jamaica, where copies of the particulars

and plans can be inspected. WEDNESDAY and THURSDAY, the 25th and 20th days of AUGUST, 1880, at ELEVEN O'clock prompt each day (unless pre

FRESHFIELD & WILLIAMS, 5, Bank-buildings, London, E.C., viously sold by private contract), and subject to conditions to be

Solicitors having the carriage of the sale. then and there produced : All those valuable ESTATES, containing in the whole about 507 statuto acres, and comprising the excellent modern Mansion known as “Gillibrand Hall," commanding extensive views over West Lancashire, with entrance lodges, stables,

SOCIETY, coach houses, gardens, carriage drive, lawns, and shrubberies, sur

18, LINCOLN'S INN FIELDS, LONDON. rounded by woods of full-grown timber, and plantations, and gas

ESTABLISHED 1844. and water laid on from the town of Chorley; the Home Farm ad.

Capital, One Millon, fully subscribed. jacent, with residence and ample buildings, and large park-like in.

Total Invested Assets, e1,610,000. closures of fertile land; the whole being well adapted as a first

Profits divided in 1880 among the Assured, £219,375, class residence for a family of position in the county. Also, the

SPECIMENS OP BONUS ADDITIOXS. Farms known as “ Higher Kingsley's," "Grundy's," "Liptrot's," “Tan Pits," “Banks," " Higher Red Bank," "Knowley," and

Effected. At Ago. several detached pieces of accommodation grazing and meadow

Sum Assured. Bonus Additions. Land. Also, highly eligible Building Sites for works, mills, shops,


£ 500 and dwelling-houses, many of them in the heart of the town of

£ 459 10 5,000

5,060 10 Chorley. The Rose and Crown Inn, in Chorley; and Cottages in



399 10 Duxbury. Ground-rents of £17 10s., £35 Os. 3d., £87 Is. 1d.,



309 10 £14 18. 2d., and £59 Ss. 8d., respectively, and various smaller chief



623 10 and Ground-rents, with reversions amounting in the aggregate,



1,236 0 with those enumerated, to £406 per annum.

1861 Printed particnlars of all the lots, with plans, may be had from


1,741 0 Messrs. Slater, Heelis, & Co., Solicitors, 71, Princess-street, Manchester: Messrs. Bedford & Monier Williams, Solicitors, 1 and 2,

G. W. BERRIDGE, Actuary. Bucklersbury, Cheapside, London, E.C. ; Messrs. Cowdell, Grundy, & Browne, Solicitors, St. Antholius Chambers, 26, Budge-row, Cannon-street, London, E.C.; Mr. Thomas Dixon Hill, Land Agent,

SUN FIRE OFFICE. Ashton-under-Lyne: Messrs. Myres, Veevers, & Myres, Land Agents, 15, Chapel-street, Preston; Mr. Joseph Smith, Moalhouse-lane,

THREADNEEDLE-STREET, E.C. CHIARING Cross, s.w. Chorley; or from the Auctioneers, Bolton.

OXFORD-BTREET (Corner of Vere-street), W.


Home and Foreign Insurances Effected.

Surn insured in 1879, 262,492,461.
Secure Short Leasehold Investment.

FRANCIS B. RELTOX, Secretary. n C. TAYLOR & SON will SELL by AUC

J. TION, at the Mart, Lothbury, on AUGUST 25 next, the brick-built PRIVATE DWELLING, being No. 15, Varden-street,

LIVERPOOL REVERSIONARY COMPANY Mile End Old Town, let at £24 per annum; lease 26 years; ground:

(LIMITED). rent, 33 28, 6d. per annum.

This Company is prepared to PURCHASE or GRANT LOANS in Particulars of Messrs. Champion & Jutsum, 70, Whitechapel-road,

respect of INTERESTS under WILLS, LEASES. LIFE POLICIES. E.; and of the Auctioneers, 10, Mile End-road, London, E.

ANNUITIES, &c., whether vested or contingent.

Proposal forms, terms, &c., may be had on application at the Well-built Corner Private Residence, adapted for Occupation or

Company's Offices, 19, NORTH JOHN-STREET, Liverpool. Investment. n O. TAYLOR & SON will SELL by AUC. I AW UNION FIRE and LIFE INSURANCE

U, TION, on AUGUST 25, at the MART, Lothbury, the LEASE 1COMPANY. Chief Omce-126, Ohancery-lane, London, w.c. HOLD RESIDENCE, 61, Bancroft-road, corner of Alderney. The Funds in hand and Capital subscribed amount to upwards of road, Mile End; annual value £33; term 69 years ; ground

£1,500,000 sterling, rent, 24.

Chairman-JAMES CUDDON, Esq., Barrister-at-Lar, Goldsmith-bald Particulars of Messrs. Champion & Jutsum, Solicitors, 70, White

ing, Temple. chapel-road ; and of C. C. Taylor & Son, Auctioneers, Valuers, and Deputy-Chairman-O. PEMBERTON, Esq. (Lee & Pembertons), Solicitor Estate Agents, 10, Mile End-road, London, E.

44, Lincoln's-inn-fields,

Every description of Fire and Life Insurance business transacted. FOR OCCUPATION OR INVESTMENT.

The Directors iavite attention to the new form of Life Policy, which Two Charming Residences, situate in the Bishop's - road, be free from all conditions.

tween Hackney-road and the Approach-road entrance to Victoria The Company advances Money on Mortgage of Life Interest and park.

Reversions, whether absolute or contingent. C. TAYLOR & SON will SELL by AUC Prospectuses, Copies of the Directors' Report, and Annual Balance U. TION, at the MART, Lothbury, on AUGUST 25 next, Nos.

sheet, and every information, sent post free, on application to 101 and 103, Bishop's-road, lato 10 and 11, Charles-terrace, pro

FRANK M'GEDY, Actuary and Secretary. ducing £88 10s. per annum ; unexpired term 60 years ; ground-rent £5 each.

ESTABLISHED 1851. Particulars of Mr. E. Pope, Solicitor, 12, Gray's-inn-square, W.C.; I R K B E C K B A N K.and of the Auctioneers, 10, Mile End-road, E.

Southampton Buildings, Chancery Lane.

Current Accounts opened according to the usual practice of other Freehold Ground-rent, payable in one sum, and amply secured by

Bankers, and Interest allowed on the minimum monthly balances when

not drawn below L25. No commission charged for keeping Accounts rack rentals amounting to £265 4s. per annum.

The Bank also receivesmoney on Deposit at Three per cent. Interest, n O. TAYLOR & SON will SELL at the MART, repayable on demand. The Bank undertakes for its Customers, free of Jo Lothbury, on WEDNESDAY, AUGUST 25, a FREEHOLD

charge, the custody of Deeds, Writings, and other Securites and VorGROUND-RENT of 112 per annum, arising out of twelve well.

ables ; tbe collection of Bills of Exchange, Dividends, and Coupons; and built dwelling-houses, being Nos. 1 to 12, Huntingdon-terrace, Tidal

the purchase and sale of Stocks and Shares. Letters of Credit and Basin.

Circular Notes issued. Particulars by post; at the Mart; of Messrs. Champion & Jutsum, A Pamphlet, with full particulars, on application. 70, Whitechapel-road, E.; and of C. 0. Taylor & Son, Auctioneers,

FRANCIS RAVENSCROFT, Manager. Valuers, and Estate Agents, 10, Mile End-road, E.

31st March, 1880.

Solicitors' Journal.

LONDON, AUGUST 28, 1880.



THE EMPLOYERS' LIABILITY Bill has given rise to very animated expressions of feeling, if not what deserves the name of opinion, on both sides of the question. We, however, are disposed to agree with the view expressed by a distinguished correspondent of the Times, whose

letter is cited in another column, as the kind of CONTENTS.

enactment which (at all events, in its legal aspect) would CURREXT TOPICS:

have met the case. With reference to the spirit The Bench and the Bar ..........................

803 The Employers Liability Bill ...

of the Bill, it is somewhat singular to find an American

803 Fiduciary Position of Judges .................... ..........


writer so little in harmony with the ideas of the working The Thelluson Act .......................................... 803 men's advocates as to pronounce this proposed change in Novel Law Reporting...................................... 803 LEADERS :

the law, “So impolitic, unjust, and unequal as to Loans to Reversioners .....

804 verge on folly.” This is the language of the Albany Law The Reports of the Constabulary Inspectors ..

805 Decisions by Courts of Several Judges ...


REVIEWS ..................................................... 800
Lightfoot, Re ............

THE CONDUCT OF A JUDGE of the Probate Court of John Harvey Yacht and Ship Building Company, Re ... .. 807

California, if injustice is not done him by the report of Rowney v. Alder ..... In re Lawrence's Trusts....

a recent decision in the Supreme Court of that State, was Max v. Hains.....

.............. ................ ......... 807 | open to some reflection in point of decency, however it McKenzie v. Yabsley ....

807 Carlyon v. Haywood .............................


may have stood with regard to law. The note to which Ruston v. Loader ...........


we refer states that the judge in that capacity ordered, Gandy v. Reddaway .............................


and subsequently confirmed, a sale by auction of an Hyam v. Terry .......

808 County Court Statistics for 1879...


estate by the administratrix. The purchaser imOBITUARY ................................................... 809 mediately afterwards sold a moiety of the property to APPOINTMENTS ................................................ 809

the judge for half the price paid. The sale was set aside COMPANIES .................................................... 809 COUNTY COURTS .............

809 by the Supreme Court, on the ground that judges were CREDITORS' CLAIMS ......


within the rule which forbids trustees, solicitors, &c., from LEGISLATION OF THE WEEK .....

810 LEGAL NEWS .....

making a valid purchase of estates in respect of which they

............................ 11 COURT PAPERS ...

.................................. 811 have duties to perform. Certainly a judge who would take LONDON GAZETTES, &c., &c..........


advantage of his authority to mend the title to his own CASES REPORTED IN TAE WEEKLY REPORTER.

estates, or who would approve a sale as beneficial to the Artistic Colour Printing Company, In re (Ch.Div. M.R.) ........ 943

parties interested, because he was himself the purchaser, Barber, In re. Hodgson v. Williamson (Ch.Div. V.C.B.) ...... 944 would go far to justify some of the severe language of British Guardian Life Assurance Company (Limited), In re

Bentham upon the character of the class. It does not, (Ch.Div. V.C.H.............................. City and County Investment Company, In re (App.)............ 933 however, by any means follow that the law can generally D'Angibau, In re, Andrew v. Andrew (App.) .................. 930 apply to the conduct of judges and its consequences Flower y. Buller (Ch.Div, Denman, J., for Fry, J.) ............ 918 Forwood v The North Wales Mutual Marine Insuranco Com

the same rule which is applied to persons in positions of pany. Same y. The Provincial A. 1 Mutual Marine Insur private trust. In the necessity of things, those who sit ance Company (Limited) (App.) ........................... 938

on the bench must constantly have private interests Hamlyn v. Betteley (C.P.Div.) ................................ 956 Hinchcliffe v. Barwick (App.) ................................ 940 capable of being affected by the issue of the Kirkham v. Peel (Ch.Div. M.R.) ........ ..................... 911

matters before them. Scandal has before now murmured Marsden v. Sambell (Ch.Div. Fry, J.).......... McCulloch, Ex parte. In re McCulloch (App.) ...


things about English judges with their pockets Nicholson, Ex parte. In re Willson (App.)

936 full of railway shares, administering law upon railway Palmer v. Locke (App.)................


companies' obligations and defaults. We trust, howPannelly. Nunn (App.) ........................................ 910 Rains v. Buxton (Ch.Div. Fry, J.) .....

954 ever, that it will not be found necessary either in EngRichardson v. Richardson (Ch.Div. M.R.)....

942 land or America for the courts to keep the same jealous Secar y Lawson (App.).

929 Smyth, In re (Lncy.) .....

eye upon their own members, as they profess to hold over Ward v. Pilley (App.) .........

937 solicitors and trustees. Till that is necessary we perhaps Ward v. Ward (Ch.Div. M.R.)

913 Webster v. Whewall (Ch.Div. Denman, J., for Fry, J.) ......

need not alter our text-books in the modo suggested by

the Californian tribunal. CURRENT TOPICS.

.......... 915


[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]



[ocr errors]


A DISCREDITABLE SCENE took place in the Bristol County IT IS SOMETIMES said that our law reformers are in the Court last Tuesday. Mr. Norris. the leader of the habit of flying too high. In the moral world it may local bar, deliberately refused to meet the counsel perhaps be better to aim at great things and fail, than to opposed to him. on the ground that he was aim at little things and succeed. Hardly so in the the son of the presiding judge. The counsel in practical world. The Thelluson Act occupies a little question followed his father to Bristol on his appointment | nook of law in which ordinary persons would be as judge of the Bristol County Court. He had previously disposed to welcome some reform. A will is, been a member of the Midland Circuit, as his father also

We believe, being administered at this very time had been; but he has now been admitted, doubtless

by which the income is directed to be accumulated for with full consideration, to the mess of the Western twenty-one years from the testator's death, there being Circuit. This circumstance, we think, should be decisive no minority ; and the tenant for life is a man whose of his right to practise at the local bar in any court.

years must be prolonged considerably beyond the allotted Apart from this the judge had ample precedent for the

span of life if he is to enjoy any benefit from his life severe rebuke he administered on the occasion to Mr.

interest. There seems no good reason why the liberty Norris. No doubt intimate relationship between the left by the Act should not be considerably curtailed, bench and the bar may occasionally give rise to feel. except with regard to periods of minority. We appreings of complaint, and even to scandal, but at the pre

hend that the licence to direct accumulation for the full sent time it is not difficult to find in the superior courts absolute period is seldom used except as an instrument examples of sons appearing to practise before their of caprice; and much could probably be said on grounds fathers, without a shadow of suspicion upon either 1 of public policy against the law which permits it. father or son, The Bristol case, which has suggested these remarks, appears to have been complicated by other unpleasant features to which we do not care to AN ENTERPRISING CONTEMPORARY has tapped a new refer more particularly,

fund of interest since the rising of the courts by pre

senting its readers with reports of the forensic transac- sum advanced with interest at the rate of five per cent. tions of feathered bipeds. Some very interesting narra- per annum. tives of “ Trial by Rooks" appeared lately in the Daily The second case, Daniels v. Beresford, was one in Telegraph. We make no doubt they were authentic. which the plaintiff was the lender, and sought to enforce Jackdaws we have heard on good authority compared his security against the borrower. In this case also the in their habits to bishops; and bishops were the interest was as in the previous case, at the high rate of first chancellors. We have also seen a story of the forty per cent., and the borrower, though aged twentyinstinct of justice possessed by a carrion crow, which, five, was entitled to a reversion. It was, however, proved driven from a desirable carcase by the lord of birds, I to the satisfaction of the judge that the money was not flew straight to the eagle's nest and eat the eggs. advanced on the faith of the borrower's expectations, but Crows are not, like rooks, political creatures ; but on the faith of the solvency and business position of the they are near kinsmen; and we are not at all sur- borrower's brother, who became surety for him. The prised that the capacity for legal conceptions, apparent learned judge in this case refused to set aside this though rudimentary in the former, should, in a society transaction, simply on the ground that the interest was of rooks, boasting an ancient civilization, have developed at a high rate, added to the fact that the defendant the formalities of a court of justice. Unfortunately for had expectations, and he gave judgment for the plaintiff a public which sadly misses its daily law report, the accordingly. Telegraph's special information on this interesting sub- These two cases indicate plainly the grounds, or at ject soon came to an end. Perhaps the long vacation is any rate, an important ground, on which a court of observed in the rook community ; perhaps (as in some equity will interfere to set aside a money-lending con. august human assemblies) reporters are not allowed, and tract with an expectant heir or reversioner, where relief the usher of the court removed our contemporary's repre is sought from the consequences of a transaction such as sentatives. At any rate, lovers of the newspaper reports | is above described. of judicial proceedings have been thrown back, as in. If the borrower, with his eyes open, enters into a former years, upon the paltry record of the police courts ; contract to pay a rate of interest, however extortionate, and if it is long vacation in the rookeries, we are sadly it is not enough for him to show that he has “expectaafraid that when their courts meet again we shall all betions," either actual or contingent. It is not enough too much occupied to attend them,

that the interest is high, or that it is beyond what might have been paid had the loan been procured elsewhere.

This will not entitle the borrower to relief. Where, LOANS TO REVERSIONERS.

however, the lender, having no expectation that the

borrower will ever, from his own resources, be able to Two cases in which Mr. Justice Denman gave judgment repay the loan and the interest, looks to pressure which on the last day of the Trinity Sittings serve to further he may, by legal or other process, bring to bear on the illustrate the mode in which a court of equity will deal relations, or family connections of the borrower, to get with those persons who advance money to young men what is agreed to be paid, and does not depend solely on just entering on life. It cannot be disputed that there the actual means of the borrower for repayment, is a class of persons who, knowing the views which are relief may be obtained against him. The name of held by those who occupy what is well understood when “moneylender" is one to which some odium is described as “a good position in life," advance money attached, and against which there is a general to members of a family in such a position in the hope and prejudice, but it cannot be denied that a person whose sure expectation that the fear of, or distaste for, the ex business it is to advance money to those who need it at posure caused by bankruptcy proceedings will insure the | whatever rate of interest may be of service to those who repayment of such advances, together with whatever need his aid. To him the price of money is the interest interest, however extortionate, may be demanded, or the he can get for it, and it is not because on a risky security exigencies of his want of means may have induced the he asks a high rate that he is to be condemned, and his borrower to agree to pay. It has always been the policy contract set aside. It is the over-reaching and the of courts of equity to prevent lenders from taking ad species of fraud implied in his advancing money to one vantage of unconscionable and hard bargains made with person in order that he may, by improper pressure on “expectant heirs,' but at the same time the cases show another, obtain payment which the courts of equity set that, in order that the borrower should get the benefit their face against. As was said by Lord Justice of this jurisdiction, there must be something besides the Mellish in Earl of Aylesford v. Morris (21 W. R. 424), mere trading on the necessities of those who require “ It is the relative position of the contracting parties advances. The two cases we refer to are those of Nevill which determines the court whether it will interfere v. Snelling, and Daniels v. Beresford.

between them. Youth, inexperience, and the necessity In the first case the borrower was plaintiff and brought

of secrecy, and of foregoing the advice of relatives and his action to set aside certain securities for money lent i friends, and the family lawyer, plainly give the astute at forty per cent. interest to a younger son. Now, it must man of business many points in the game, and where be admitted that if one man of full age agrees to lend the result of the connection between the spendthrift and another man of full age a sum of money at ever so an the money-lender is a bargain extortionate on the face exorbitant rate of interest there ought to be, and, in of it, the court presumes that the power which cirfact is, no law to interfere with the freedom with which cumstances gave the lender over the mind and will of they may contract. Where, however, the borrower is in the borrower was taken unfair advantage of for the necessitous straits for want of money, and has expecta- | benefit of the person possessing it. In technical lantions, a court of equity will not permit the lender to. guage this is a presumption of fraud.'” The court trade upon those expectations by lending with the notion does not, however, look with favour upon the borrower that he may be able to squeeze repayment of loans in such a case, and, in Earl of Aylesford v. Morris, and inordinate interest from the relations of the bor- the plaintiff who got relief had to pay his own costs. rower. In Nevill v. Snelling the defendant, who was the moneylender, admitted that he advanced the money with the intention from the very first of obtaining payment by pressure put on the Marquis of Abergavenny, the

The 34th report of the Commissioners in Lunacy, dated father of the plaintiff, or other relation of the plaintiff,

March 31, 1880, shows that the number of lupatios, idiots,

and persons of unsound mind in England and Wales on the by means of proceedings in bankruptcy. In the estima

1st of January last was 71,191, being an increase of 1,306 tion of the learned judge this admission put the defend- above the total registered number for January 1, 1879. Of ant out of court, and he gave judgment for the plaintiff, those patients 7,620 were in private and 63,571 in pauper deciding that the security was only to stand for the | asylums; and 32,164 were males and 39,027 females.

summary convictions being 31,191, as against 34,856 in THE REPORTS OF THE CONSTABULARY INSPECTORS.

the preceding year. The convictions for drunkenness

reached a total of 15,394, showing, however, a decrease The inspectors of constabulary for England and Wales of 3,244. At Manchester the reported indictable offences have presented their reports for the twelve months end. were 4,518, as against 4,625 in 1878, and the apprehening at Michaelmas, 1879. It is satisfactory to find that sions 1,245, as against 1,139. There were 19,767 both crime and drunkenness have decreased, though it summary convictions, and 7,657 convictions for drunken. is to be feared that in the latter case the improvement is ness. The discrepancy between the number of indictable attributable in a great degree to the depression of trade. offences reported to the police and the number of persons In District No. 1 (Eastern and Midland counties and actually apprehended is again very startling, especially in North Wales) Lieutenant-Colonel Cobbe reports a the more populous boroughs. decrease in all classes of crime. The number of The statistics for the respective districts may be thus indictable offences, as reported to the police, has fallen summarized :—The number of indictable offences comfrom 8,106 to 7,590, and the number of apprehensions mitted in England and Wales has fallen from 35,523 to from 4,582 to 4,347, while the number of summary 34,958, being a decrease of 565. Summary convictions convictions has fallen from 102,151 to 96,980, and the have fallen from 447,038 to 413,559, a decrease of 33,479. number of convictions for drunkenness from 26,239 to There is also a diminution of, 4,023 in the convictions 24,827 (the smallest total reported during five years) ; for drunkenness, the respective totals being 144,544 in but the inspector observes that, “ with the exception of 1878, and 130,521 in 1879. the decrease in the number of drunken cases now shown as less than in the previous years, the general decrease is not remarkable; it is generally represented that the depression in trade has been the cause of fewer drunken

DECISIONS BY COURTS OF SEVERAL cases and assaults on the police." 540 licensed convicts

JUDGES. resided in the district during the year, and 232 remained | The rough and ready mode of expressing the opinions of there on the 29th of September, and during the twelve the country by parliamentary representatives has exermonths 44 licensed convicts were re-committed to prison cised the ingenuity of theoretical politicians in sugges-namely, 13 for breaches of licence, and 31 for fresh tions to provide a fairer average representation. A offences. 619 "persons under police supervision” somewhat similar, though more simple, problem presents resided during the year, at the end of which 373 itself in considering which is the fairest mode of obtainremained, in the district. Captain Elgee, the inspector ing the decision of a court constituted of several judges for No. 2 District (Northern) states that "indictable upon a complicated case, where the question which side crime has varied but little in amount compared with the is right depends upon a number of subsidiary questions two preceding years,” but he reports “in drunken cases of law, or fact, or both. For it is obvious that in many a marked decrease," being nearly eleven per cent. The cases there would be a difference of result if, instead of indictable offences reported have risen from 21,065 to taking the opinion of the majority upon the result of all 21,206, but the actual apprehensions have fallen from the questions in a lump, as is generally done, each 9,796 to 9,688, while summary convictions have fallen question were to be decided separately upon the opinion from 264,174 to 240,007, and convictions for drunken of the majority. Our meaning may be iilustrated by a ness from 98,178 to 86,992. In this district the very simple case. Suppose the court that has to try an numbers of licensed convicts and persons under police action to be constituted of three judges, Brown, Black, supervision are not given in a tabulated form. In No. and White, and the question they have to decide to be 3 District (South of England and South Wales) Captain whether the defendant has built so as to interfere with Willis reports a decided improvement. The reported the plaintiff's ancient lights. Brown may think there is indictable offences have fallen from 6,354 to 6,162, and an interference with lights that are ancient; while the apprehensions from 4,263 to 4,061, while summary con Black thinks that, though there is an interference, the victions have decreased from 80,713 to 76,572, and convic- lights are not ancient, and White thinks there is no tions for drunkenness from 20,127 to 18,702, but the in- interference and the lights are ancient. According to spector points out that thesummary convictions had greatly the practice now, current judgment would be given in increased in 1878; and he adds that “it is possible that favour of the defendant, but if the decision of the court the bad state of trade may have had some effect in re had been taken on each point separately, it would be ducing offences, as fewer people also have been charged found by the majority of Brown and Black against with drunken offences than in the previous year.” There White that there has been an interference, and by the were 196 licensed convicts and 261 persons under police majority of Brown and White against Black that the supervision in the district on the 29th of September, 431 interference was with ancient lights, and the plaintiff of the former class and 497 of the latter class having would win his case. been resident there during the year. Twenty-five Whatever may be the most convenient and just mode licensed convicts were re-committed during the year, of arriving at the determination of a trial depending but the causes of commitment are not stated. It is on issues of fact, where a case depends on more than pointed out that these statistics are so far defective, that one question of law, there are good reasons why such persons who change their abode and report themselves to questions of law should be determined separately. the police at their new place of residence will necessarily And we can only account for the fact that more practical appear twice over in the returns.

inconvenience has not been felt from the present mode Coming to particular localities, we find the county of determining such questions because such cases are not most free from crime was Radnorshire, where only 13 common, and when they do arise the judges do not often indictable offences were reported, whereas 230 were differ about more than one point of law. The vice of reported in Lancashire, being an increase of 181 upon the mode of determining a question depending on two the number reported in 1878. In the latter county no points of law in a lump lies in the fact that the less than 38,425 persons were convicted summarily, and opinion of a majority of judges, before whom a point of 6,778 for drunkenness. Eight boroughs were entirely law comes for decision, makes the law. Consequently, free from indictable crime--namely, Maldon, Hythe, if a suitor has, in order to win his cause, to establish Tenterden, Chard, Penryn, Launceston, Helston, and two propositions of law, he may succeed in establishing Pwllheli. On the other hand, the most unfavourable both, and yet the opinion of the majority of the judges statistics appear (as in former years) at Liverpool and may be that both of the points are not established, and Manchester. In the former borough the indictable he may lose his cause. The inconvenience of this pracoffences (reported) have increased from 4,150 to 4,226, tice may be, perhaps, better illustrated by supposing and the apprehensions from 1,630 to 1,639, the total of there be three causes for trial before the same three

judges, in one of which one suitor has to establish | A DIGEST OF PARLIAMENTARY REGISTRATION Cases. By two propositions of law (A. and B. say), one of which 1 JOHN J. H. SAINT, Esq., B.A., Recorder of Newark. points arises in the second action, and the other in the Shaw & Sons, Fetter-lane. third. Then it is obvious that if two of the judges only think that proposition A. is established, and different

We observe that a supplement has just been published two judges only think proposition B. is established, the

to this very useful work, bringing it down to the present decision of the case depending on both propositions will

time. A great want which every revising barrister, fall one way or the other, according to the accident

and every other person engaged in the business whether it is heard first or otherwise--not an inapt ex

of the registration of voters, frequently feels is ample of the uncertainty of law.

that of some means of ascertaining, during the revision, the state of the authorities as to the points that may arise. He cannot carry round with him

the reports at large, and even those sets of reports which Rebiews.

give registration cases only are somewhat cumbrous. On the other hand, the notes of cases given in the text.

books, though perhaps accurate as far as they go, are Self-PREPARATION FOR THE INTERMEDIATE EXAMINATION,

often very meagre. A short abstract of the facts of each AS IT AT PRESENT EXISTS, on STEPHEN'S COMMENTARIES

case, and a summary of what was decided, is often ON THE LAW OF ENGLAND. By JOHN INDERMAUR,

calculated to afford most invaluable assistance to the Solicitor. Stevens & Haynes.

barrister in determining, or to the agent in arguing, a Mr. Indermaur's long experience in legal education point of nicety. In the preface to this work the compiler will secure for any work from his hand the favourable points out that he has no intention of attempting to consideration of the profession. The book is arranged supersede the ordinary text-books on registration law, upon the same principles as the author's "Self-Prepara but that his object is to supply a useful companion to tion for the Final," and contains some valuable hints to them in the shape of such a portable epitome of the students in getting up their “ Stephen " for the exami cases as we have above pointed out the need for. It nerg. Like many examination manuals it is perhaps appears to us that he has been very successful in giving open to the reproach of unduly narrowing the range of | just so much of the circumstances of each case as is the pupils' studies by "advice as to portions of the work necessary to enable the reader to see what was really which may be omitted.” Mr. Indermaur suggests a decided, and also in suggesting briefly in his account of general course of reading for about two years, to be fol. what was in each case the ratio decidendi and the scope lowed by three or four months' more special study. His of the decisions. The cases are classified under separate practical suggestions to students appear to be extremely headings, arranged in appropriate logical order. First good, and from the introduction to “Stephen" he gives come the cases that deal with the nature of the qualificasome useful specimens of the form in which notes should tion in county and borough respectively, then the cases be made. The work also contains a list of statutes with with regard to notices of claim and notices of objection, which the student should be familiar, though we are and so on, till all the various topics are exhausted. It surprised to read Mr. Indermaur's suggestion that I would, of course, have been better that, instead of a " some of the most important” ones should be committed supplement, the new cases should have been worked into to memory; and there is also a good selection of ques- | the text, but it is impossible in the nature of things that tions upon the work for the exercise of students, as well there should be a new edition every year of a book for as a concise treatise on the practice of the High Court which there is necessarily only a limited sale. Mr. Saint The manual cannot fail to be of great service to candi. may fairly be congratulated on having seen and dates for the “intermediate," although (as we have satisfactorily occupied a vacant space in the literature on already hinted) there may be some danger of their the subject of Parliamentary Registration, being tempted by some of the authors hints to reduce their work to a minimum.



The Institut de Droit International will hold its nest BALL, LL.B., of Gray's-inn, Barrister-at-Law.

meeting in September at Oxford. On the 8th proz. a Stevens & Sons.

convocation will be held to confer the honorary degree of

D.C.L. upon certain distinguished foreigners connected with Mr. Ball modestly describes this work as “a short the institut. It is stated that the recipients of the degree digest of the common law, chiefly founded upon the will be MM. Mancini, late Minister of Justice for Italy, works of Addison, with illustrative cases, for the use of and Professor of International Law in the students." Each chapter contains a short statement of of Rome; Bluntschli, Privy Councillor and Professor of

plicable to the particular subiect. No | International Law in the University of Heidelberg: De authorities are referred to in the text or at the foot of | Parion, Senator of France, and late Minister-President of the the page, but (to avoid encumbering the letterpress with

Council of State, ex-president of the Institut de Droit that array of bracketed figures which renders the appear

International; and Rolin Jaequemyns, Minister of the ance of the ordinary law book so repulsive to the reader")

Interior for Belgium, president of the Institut de Droit

International. the figures in the margin refer to the authorities for the respective propositions in the text. These authorities ap

The first report of the Select Committee on the Office of the pear in the form of a digest of “illustrative cases" at the

Clerk of the Parliaments and Office of Gentleman Usher of end of each chapter, and the result of the cases appears

the Black Rod has been issued. The committee report that to be, in the majority of instances, neatly and accurately

the Clerk of the Parliaments informed them that he had

| received a letter from Mr. John Fraser Macqueen, Q.COM stated. We regret, however, to see that Mr. Ball, when

resigning his office as Reporter of Scotch Appeals, Scotch referring in the text of the work to statutory provisions, | Peerage Cases, and Divorce Cases in the House of Lords almost invariably omits to give the sections of the par- and stating that Mr. Gerald J. Wheeler, barrister-at-lav, ticular Act where the provision is to be found, and we had for nearly three years effectually assisted him in pre think that, in the citation of the cases, a few duplicate paring his reports. The Clerk of the Parliaments had, with references might, with advantage, have been added. the approval of the late and the present Lord Chancellor, 43

pointed Mr. Gerald J. Wheeler to the said office, Mr. Macqueen received £360 per annum, but the committee recommend that Mr. Wheeler should be remunerated in the same manner as Mr. Clark, the Reporter of English and Insa Casespiz., by a payment of $100 per annum, and 25 25 for each day's attendanoe.

« PreviousContinue »