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Solicitors' Journal.





think fit, to include in any such commission any ordinary judge of the Court of Appeal or any judge of the Chancery Division,... or any serjeant-at-law, or any of her Majesty's counsel learned in the law.” Any question

of fact which might arise as to who are usually " named LONDON, OCTOBER 30, 1880. in commissions of assize, within section 29, seems to

be disposed of by the terms of section 37, which

enumerates all the classes of persons “usually CONTENTS.

named.” We presume that Sir John Mellor is considered CURRENT TOPICS:

to derive his jurisdiction from the fact that he is Mr. Baron Huddleston ....

nominally a serjeant; it being well known that every The Michaelmas Cause Lists.. An ex-Judge as an Assize Commissioner ..


judge before the Judicature Act was first created a Sale by Sanitary Authority of Salvage Lands under Deprecia

serjeant before being sworn in a judge. Apparently, tory Conditions ...

937 the country will hereafter lose the benefit of the The Roadway in Front of the Royal Courts .................. 637 The Liverpool Law Society .........

services, in the capacity of assize commissioners, of

......... 938 LEADERS :

ex-judges who have been appointed after the Judicature Does a Will of Copyholds, Without Surrender, Bar Free Act. berch? ..........

................... 938 Concerning the Index to the Statutes ...

............ ....... 93 LEGISLATION OF THE YEAR ......

................ 940


“IF A PURCHASER,” said Lord Tenterden, “unwisely GENERAL CORESPONDENCE ...


bargains to pay for such title as another has, it is his OBITUARY ....................

942 SOCIETIES ....

own fault if his money is placed in hazard by the LAW STUDENTS' JOURNAL..............


insufficiency of the title." But there are, of course, APPOINTMENTS ........

913 degrees of unwisdom in purchasers who agree to take COMPANIES ................................................... 9-13 such title as the vendor has. A purchaser who agrees to CREDITORS' CLAIMS ...................

914 take from a private owner, without question or inCOUNTY COURTS ................. ......................... I 15 vestigation, a title which he knows to have been fre. COURT PAPERS


quently investigated, stands at the top of the scale; a LONDON GAZETTES, &c., &c...........

.... 953

purchaser, under such a condition, of salvage lands PUBLIC GENERAL STATUTES.

from a Sanitary Authority stands a good deal lower down in the scale. These authorities, no doubt, rely

upon the impression produced by their being armed CURRENT TOPICS.

with the powers of the Lands Clauses Consolidation Acts, under which, they contend, infirmity of title to the lands

they purchase may be practically cured. It appears WE REGRET to learn that Mr. Baron Huddleston has from the report of the Bristol Incorporated Law Society, been ordered by his medical advisers to spend the winter which will be found in another column, that the Sanitary abroad. His lordship has left for Cannes, and is not | Authority of that city have adopted the practice, on sell-expected to return before April next.

ing their salvage lands, of providing that their title shall be accepted without question or investigation, and that the

purchaser shall not require any covenant for title or proTHE LIST OF APPEALS for Michaelmas Sittings contains

duction of deeds. It appears to us that the Authority, and 259 appeals in all, of wbich 115 are from the Chancery

purchasers from them, overlook a serious doubt which Division and 103 from the three common law divisions.

may be raised upon the provisions of the Public Health At the beginning of last Trinity Sittings there were 196

Act, 1875, under which the Sanitary Authority purport appeals in the paper, and at Michaelmas last year 274.

to sell their salvage land. Section 175 provides that The Chancery Cause List contains 452 causes; of which

“any lands acquired by a local authority, in pursuance

of any powers in this Act contained, and not required 122 are before the Master of the Rolls, 97 before ViceChancellor Malins, 54 before Vice-Chancellor Bacon, 90

for the purpose for which they were acquired, shall before Vice-Chancellor Hall, and 89 before Mr. Justice

(unless the Local Government Board otherwise direct) be Fry. When Trinity Sittings began there were only 364

sold at the best price that can be gotten for the same." causes in these lists, but this time last year the number

Can land sold under the depreciatory condition we have was 529. These lists indicate that all the judges of the

mentioned, throwing all the risk of a defective title on Chancery Division, as well as the Appeal Court, will be

the purchaser, be said to be sold "at the best price that fully employed during the ensuing sittings.

can be gotten"? It is no part of our business to attempt an answer to this question, bnt we think the Authority will be well advised to reconsider their cavalier resolution

“ that no alteration be made in the conditions of sale." IT IS ANNOUNCED that Sir John Mellor has, at the Tequest of the Lord Chancellor, consented to go the Northern Circuit at the ensuing winter assizes in place of Mr. Baron Huddleston. We presume that the THE HIDEOUS STRUCTURE in the Strand is perhaps the point has received the attention of the authorities least of the grievances of which practitioners in the Royal whether an ex-judge can be included in the commission Courts will have to complain, as resulting from the desire of assize. The question seems to depend upon the con. of the City authorities to commemorate Temple Bar. struction of two sections of the Judicature Act, The roadway on the north side of the structure, having 1873, which are, apparently, exhaustive :-Firstly, by been widened by abstracting nine feet from the footway section 29, “ her Majesty, by commission of assize,... immediately in front of the Royal Courts, is now being may assign to any judge of the High Court, or other per- paved with granite, and a portion of the wood pavement sons usually named in commissions of assize, ... the already existing on the Fleet-street side has been torn exercise of any civil or criminal jurisdiction capable of up, to be replaced with stone. It is obvious that the being exercised by the High Court.” Secondly, by section annoyance to the officers and practitioners who have to 37, subject to any arrangements by agreement between transact business in tho legal offices, arising from the the judges, “ the sittings of judges ... under commissions noise of wheels on the granite, will be very great. of assize, oyer and terminer, and gaol delivery shall be | It was always understood that the whole roadway in held by or before judges of the Queen's Bench, Common front of the Royal Courts would be paved with wood as Pleas, or Exchequer Division of the High Court. Pro- soon as the line of the footway had been definitely ascervided that it shall be lawful for her Majesty, if she shall | tained, but it appears that in this, as in other respects,

the convenience of the public must give way to the whim of the City and parochial authorities.



The Master of the Rolls, in Lacey v. Hill (23 W. R. 285, IF ANY PROOF were needed of the advantage to the pro- L. R. 19 Eq. 346), decided that a will of copybolds fession of local law societies, it is furnished by an in-(without surrender) operates as a bar of freebench; but cident which has recently occasioned considerable com. several considerations, which we venture to think are ment in Liverpool. A form of agreement with reference very material, were not referred to in the arguments or to the performance of the duties of presiding officers at judgment in that case. parliamentary, school board, and municipal elections was Before the Act of 55 Geo. 3, c. 192, unquestionably tendered to the solicitors who have usually acted in that a will, without surrender, did not bar the freebench in any capacity, and they were requested to sign it. It manor; for, except by special custom, the tenant could contained corditions which appeared

to these not devise at all without & surrender, and, where the gentlemen to be inadmissible. The Liverpool Law custom to devise without surrender existed, he could not, Society thereupon summoned a meeting of the solicitors by the devise, bar the freebench (see Watkins, vol. 2, p. of the city, and at this meeting it was resolved to decline 60, n. (m). Although, however, a will, without surrender, to accept the terms proposed. The agreement has, we did not pass any estate at law, except by special custom ; are informed, since been withdrawn, and the solicitors yet, if there was a clear intention to pass the copyholds, have agreed to act as presiding officers at the ensuing or in cases of moral obligation—as a provision for a wife, elections.

or child, or in favour of a creditor, the Court of Chancery would aid the defect, and decree the heir to surrender

(Watkins, vol. 1, 175, 179). But there was no case of a It may be stated that a clerk who has recently left

surrender being supplied so as to defeat the widow's free

bench. the service of the Incorporated Law Society was in no way connected with the department in which the society's Then the Act of Geo. 3 provided that, in manors funds are regulated.

where the copyholds passed by wills declaring the uses Mr. J. Seymour Salaman, solicitor of the Trade Mark of surrenders, a disposition by will, without surProtection Society, writes to the daily papers to state that render, should be as effectual, to all intents and a Trade-Mark law has been enacted in Denmark, under purposes, as if a surrender had been made. These words which British subjects can register their marks, but that the

are very general; yet there is some reason for thinking time is short-commencing on the 15th of November and that they were not intended to make, and did not make, ending on the 27th of November. He adds, "I have been the will operate as a bar of freebench without surrender. in communication with an eminent trade-mark lawyer in There is nothing in the recital, or elsewhere in the Act, to Copenhagen on behalf of several subscribers who are show that freebench was intended to be affected. If the about to register, and, as the forms require some time Legislature had intended to enable a tenant to defeat his and care to prepare and complete, our secretary will widow's freebench by will, it would have done so in all be happy to give information to all persons desiring to manors, and not merely in those where the custom was register.'

to surrender to the uses of the will. Moreover, the An appendix to the Reports of the Supreme Court of British Dower Act was not passed till many years afterwards. Columbia gives, says the Canada Law Journal, a mass of corres. The words are " to all intents and purposes," but we pondence revealing some singular legislation in the Province submit that these words should be read “to all the inof British Columbia in relation to the Judicature Act. Not the tents and purposes of this Act.” Unquestionably if a least is this, that a bill was passed taking the whole regulation surrender had been made by the testator, the freebench of the courts, chambers, rules and orders, forms and busin would be barred, but the Act has not the words“ by the ness generally out of the hands of the judges and giving it testator,” although they are in the 3rd section of the to the Lieut.-Governor-in-Council-a most unheard of proceeding, which can only be characterized as silly. This Wills Act hereafter referred to. And Mr. Scriven urges absurdity was equalled by the Government bringing their that the Act only supplies an ideal formal surrender for Judicature Act into force after only two days' notice, and the purpose of giving effect to the will; and in the 5th then making an Order in Council to the effect that the rules edition of his work on Copyholds (p. 57) he states in the in force in England under the English Judicature Act text as the law, that the admission of the husband's deshould be the rules and orders under the British Columbia visees in trust will defeut the widow's customary estate, Judicature Act!

if he surrender to the use of his will, but not otherwise ; In McAbe v. Thompson, Minnesota Supreme Court, says and, in a foot-note, he says he inclines to think that this the Albany Law Journal, the question was whether un distinction must have prevailed even after the statute of finished coffins, held by a manufacturer for the purpose of 55 Geo. 3., a statute which greatly perplexed the minds being finished and sold, constituted part of his stock-in- of text-writers on this point (see Watkins vol. 2, p. 61, trade,” within the meaning of the exemption law. The n. (1); Jarman on Wills vol. 1, p. 51). Lastly, it might court said: “The respondent here, as shown by the find be urged that the will did not come into effect till the ings, which are reasonably supported by the evidence, was a manufacturer, engaged in the business of buying burial bench had attached (see Scriven, p. 58).

death, and consequently after the widow's right to freecases and caskets, which were in an unfinished condition, but which were so far advanced in the progress of manufac

This statute, however, was repealed by the Wills Act; ture as to be ready for the trimmings on the outside and the and by section 3 of that Act every person was enabled lining on the inside, and finishing them bimself by his own to devise all real estate to which he was entitled at the work and labour ; and the addition of such other inaterials time of his death, and which, if not so devised, would as were necessary to fit them for sale and use. It is found devolve upon the customary heir; and it was provided as a fact that this additional work, labour, and material that the power thereby given should extend to all real were necessary in order to finish them, and to fit them for estate of the nature of copyhold, notwithstanding that sale and use; and the uncontradicted evidence shows that the testator may not have surrendered the same to the they would thereby be enhanced in value about two-thirds. The property which is the subject of this action, and which determined by the proper construction of this section.

use of his will. The question we are discussing is to be it is claimed was exempt, consisted of several of these incomplete and unfinished burial cases and caskets, which The power to devise all real estate, &c., which, if not so the respondent had thus bought and was holding for the devised, would devolve upon the customary heir, is not sole purpose of so finishing and fitting them for sale and (if the latter words are to have any meaning at all) a uge. They constituted as much a part of his stock-in-trade, power to devise the inheritance. It is merely a power to within the meaning of the statute, liberally construed as it devise the inheritance less the freebench, which often. must be, as did the screws, nails

, trimmings, and lining amounts to a life interest, and in some manors swallows which were used in completing or finisbing them." up the whole inheritance. In all cases the inheritance


is a different estate from the inheritance less freebench said in favour of the reversal of this plan of construction. (see Watkins, vol. 2, p. 61, n. (1)). Copyholds and free- The practice, which has now become universal, of auholds are dissimilar in this respect, for the widow of a thorizing in each Act the use of a short title, may lead copyholder is a tenant of the manor, whilst the widow of the reader to look, first of all, for this familiar short a freeholder is a tenant of the heir and not of the lord title. For instance, a practitioner wanting to find the (Watkins, vol. 2, p. 57).

Ground Game Act, would probably look for “ Ground It is submitted that this power is not enlarged by the Game" and not for “Game Law.” We do not, theresubsequent part of the section, which merely points out fore, complain of the adoption of the plan we have men. over what kinds of real estate the power thereby given is tioned for the statute index. What we do complain of to extend, and provides that the power is to take effect is the way in which the plan is carried out. notwithstanding the omission to surrender.

Assuming such a principle as we have mentioned last This was the opinion of the text-writers before the to be adopted, we should expect to find three points case of Lacey v. Hill was decided. Thus in Jarman on attended to: first, the “catchword” of the short title Wills (vol. 1, p. 51, n. (u) ) we find it stated that " what to be selected as that under which the chapter and ever might have been the effect of the peculiar wording title of the Act are stated, should be the word of the statute 55 Geo. 3, c. 192, it is clear that under which the practitioner would be likely first of all the present Act, 1 Vict. c. 26, s. 3, a will of copyholds to look for ; such catchword, moreover, should be (without surrender) will not operate as a bar of free. which is either to be found in the short title bench."

or accurately describes the main object of the Act; The case of Lacey v. Hill is the only one directly in secondly, if the chapter and title of the Act are stated point. There it was assumed that under the Act of more than once, this should only be done where it is Geo. 3, a devise without surrender barred the free essential to the convenience of the practitioner. To do bench, and we have endeavoured to show that, at the this unnecessarily, is to render the index cumbrous and least, this was a doubtful point. The Master of the embarrassing. And, lastly, the general headings should Rolls, in his judgment in Lacey v. Hill, after first refer be well selected, and the cross-references full and ring to the Act of Geo. 3, read section 3 of the Wills Act, complete. Now, let us see how far the index of the and then said, " That means that a testator is to have past year's statutes fulfils these requirements. We will the same power of devising his copyhold estate as if he take only the index for 43 & 44 Vict., the second session had done all the things which are there mentioned—as of the year. if there had been a surrender, or as if there had been a First, as to the convenience and accuracy of the catchcustom.” No explanation is given how the words of the words selected for the statement of the full titles and section come to have this meaning. And if by custom chapters of the statutes. The Act of last session for the Master of the Rolls meant custom to devise without defining legal time will naturally be looked for under surrender, the judgment is inconsistent, for there can the head of “Time." Neither the chapter nor the title will be no doubt that, before the Wills Act, in manors where be found under that head, and the reader will have to there was a custom to devise without surrender, the refer to “Statutes," which word, although it is in the title deviso did not defeat the freebench.

of the Act, is inaccurate, inasmuch as the Act extends uot If a married copyholder enfranchises, his wife's free- merely to time in statutes but also to time in deeds and bench is expressly saved by 4 & 5 Vict. c. 35, s. 79, and other legal instruments. Again, the Act relating to 15 & 16 Vict. c. 51, s. 34. Suppose, then, he devises all indecent assaulte on young persons, which is to be found his real estate and dies without having surrrendered, under the head of " indecent assaults," is given as what, according to Lacey v. Hill, would come of the “Indecent assaults on females.". It should, of course, freebench?

have been on young persone,” since the Act relates to It is to be regretted that these considerations and assaults on both sexes. The Acts relating to Morchant authorities (particularly the opinion of the learned Shipping are all stated under the general heading of editors of Jarman on Wills) do not seem from the report “ Merchant Shipping,” except that relating to seamen's to have been brought to the consideration of the Master wages, which is placed under “Merchant Seamen,” no of the Rolls in the recent case.

cross-reference being given under “Wages.” Now of these three Acts relating to Merchant Shipping the first relates to joiat ownership of ships, and one would expect

to find it stated under the head of “Ships," or at least to CONCERNING THE INDEX TO THE

have a cross-reference under that head. There is neither STATUTES.

statement nor cross-reference given under that head. READERS must have often wondered on what principle The second Act relates mainly to wrecks; there is no the annual index to the statutes is framed, and the heading “ Wrecks " in the index. Chapter 19, an Act to index for the past year will not diminish the de- render valid certain orders in bastardy, will naturally sire for information on this point. After some ex

be looked for under "Orders in Bastardy"; it appears perience in looking through and searching these indexes, only under the head of “Bastardy,” and no cross-reference we have arrived at the conclusion that the notion on is given under the heading “Orders in Bastardy." But which their arrangement was originally based was that perhaps the most curious instance of a heading is that of giving under general headings cross-references to the under which cap. 23 is placed — “Education and titles of the statutes, and giving these titles under Schools.” Of course, this Act should have been placed separate headings. This is exactly the converse of the under“ Elementary Education.” A few lines lower principle which convenience dictates in the case of a down we find the cross-reference “ Elementary Education digest of cases. In such a digest (we exclude from Acts. See Education and Schools." Could anything be consideration the eccentric Law Reports digests) one more absurd than this ? looks for the arrangement of cases under certain broad As regards redundancy of statement, we need only general headings, with

cross-references take two or three instances. The Wild Birds Protec. under other special titles. The advantages of tion Act is stated as to title and chapter twice; under the such arrangement are manifold. The reader proper head of “Wild Birds Protection," and again who consults the digest will naturally look first under the head of " Birds Protection.” We are happy under the general heading; all the decisions under to say, however, that it is not again given under the that head are brought together, and in case of the head of “Protection.” The County Bridges Loans Extenomission of full cross-references, there is no great incon- sion Act is stated under "County Bridges Loans Extenvenience caused, because the reader will, as we have said, sion" and also under the head of “Bridges (County.)” first of all, look under the general heading. In the case of The Burials Act is given under “ Burial Laws Amendan index of statutes, there is, no doubt, something to be ment”; and also--for plain" burial" is no doubt apt



to be misunderstood—is fully stated under the head of the phrase "civil parish " is for the first time used, and “ Interments."

is defined by section 19 as & place for which a separate The general headings and cross-references are very poor rate is or can be made," while in the metropolis it singular. To the Courts of Justice Building Act is to have the same meaning as in the Metropolis ManageAmendment (which relates entirely to the acquisition by ment Act, 1855. The taking of the census is as usual Lincoln's-inn of the deserted offices at Stone-buildings) enforced by stringent penalties. Section 4 imposes a two cross-references are given, under the heads of “Ad fine of not more than 65 nor less than £1 upon every ministration of Justice,” and “Justice, Administration occupier who shall “wilfully refuse or without lawful of." There is no general heading “Criminal Law," and excuse neglect to fill up the said schedule to the best of no general heading “Master and Servant,” but, on the his or her knowledge or belief, or to sign and deliver the other hand, we have an astonishing wealth of cross-refer same as herein required, or who shall wilfully make, ences to the highly-important Act relating to holidays sign, or deliver, or cause to be wilfully made, signed, or in Revenue offices in Scotland. This is cited under delivered, any false return of all or any of the matters “ Customs Offices (Holidays).” “Revenue Offices Holi- specified in the said schedule." Section 17 imposes a days," "Holidays (Revenue Offices)," “ Inland Revenue similar penalty for refusing to answer, or wilfully giving Offices (Holidays),”

." “ Bank Holidays," " Scotland, Acts a false answer to any necessary question put by an enuRelating Exclusively to"!

merator. Section 16 imposes a penalty of not more than £5 and not less than £2 upon any superintendent regis. trar, registrar, enumerator (or person bound under the Act to act as an enumerator, if required) for making

wilful default in any matter required by the Act, or for Legislation of the Year.

making a wilfully false declaration. The census will be

taken for the night of Sunday, April 3.

Act, 1880.

43 & 44 Vict. C. 16-MERCHANT SEAMEN (PATMENT OF The title of this little Act is misleading. It is not an

WAGES AND RATING) Act, 1880. Act merely to define legal time in Acts of Parliament, but also in deeds, or “other legal instruments."

By section 1 this Act is to be construed as one with the

It will be remembered that in May last we drew attention

Merchant Shipping Acts, 1854 to 1876. Section 2 renders to the subject, and pointed out that, according to the

void (after the 1st of August, 1881) any document only authority on the subject, the time a court ought to

authorizing or promising the future payment of money go by is not Greenwich time, but the time of the town

on account of a seaman's wagos, conditionally on his in which the court sits. In the case in which this rule

going to sea from any port in the United Kingdom, if was laid down-Curtis v. Marsh (28 L. J. Ex. 36)—the

the wages have not been earned when the document is facts were that Mr. Baron Watson came into court at

made ; and no money paid in respect of such a docu. Dorchester precisely at ten o'clock, as it appeared by ment is to be deducted from a seaman's wages, or to the clock at the Town Hall; but this clock was regu: his assignee. Allotment notes made under the Mer

give any right of action or set-off against a seaman or lated by Greenwich time, and was several minutes faster than the clock outside the hall, and other clocks

chant Shipping Act, 1854, are not to be affected by in the town. No one appearing for the defendant in

this provision, but section 3 makes some important modi. an action (an ejectment which stood first on the fications in the law affecting such allotment totes. list), the plaintiff's counsel took å verdict for They may, if the seaman so requires, stipulate for the the plaintiff. Afterwards the defendant's counsel

allotment of not more than half his wages in favour of appeared, and said he was in time according to

his wife or any other of the relations named in section the clocks in the town. The judge pressed

169 of the Merchant Shipping Act, 1854 ; or in favour the plaintiff's counsel to consent that the cause should

of a savings bank. Payment under an allotment be tried, but the plaintiff's attorney would not consent note is to begin at the end of one month, or if in unless the defendant would find security for costs, which

favour of a savings bank at the end of three months, he was unable to do, and the verdict stood. Upon a

from the date of the agreement, and payment is to be rule to set aside the verdict, Pollock, C.B., said that the

made (only in respect of wages already earned) at the time a court ought to go by is the time of the town in

end of each subsequent month, or of the period fixed by which the court sits, and not Greenwich time.

the agreement. By section 4 the owner or master of a The present Act provides that whenever any

foreign-going ship is to pay every seaman when he expression of time occurs in any Act of Parlia lawfully leaves the ship at the end of his engagement, ment, deed, or other legal instrument, the time

either £2 on account or one-fourth of the balance due to referred to shall, unless it is otherwise specifically him (whichever is least), and the balance within two stated, be held in the case of Great Britain to be Green clear days. In the event of the wages remaining anpaid wich mean-time, and in the case of lreland, Dublin

or unsettled, and in the absence of default by the mean-time.

seaman, or of any reasonable dispute, or of any cause not being the act or default of the owner or master, the

wages are to be payable till the final settlement. Any THE CENSUS.

question of wages, if no more than $5 is in dispute, may 43 & 44 Vict. c. 37.—THE CENSUS Act, 1880.

be adjudicated upon by the superintendent of a mercan

tile marine office, whose decision is to be final. Section 5 This Act contains almost the same provisions as those imposes fine or imprisonment upon any unauthorized which were inserted in the Census Act, 1870 (33 & 34 person who goes on board a ship arriving at the end of Vict. c. 107), by way of provision for the census of 1870. its voyage before the seamen are discharged, or remains The chief innovations introduced on the present occasion on board after due warning to leave; and this provision are these. First, the taking of the census will be may, by section 6, be extended to foreigu ships, by an superintended by the Local Government Board, instead Order in Council. Section 8 empowers any court (inof by the Secretary of State for the Home Department; cluding a magistrate) when a dispute has arisen between secondly, in section 6, which provides for the enumerators a seaman and a shipowner, to rescind any contract be. distinguishing the parishes within their respective tween them, and proceedings may be instituted for the divisions, and stating what parts of them are sole purpose of obtaining such a rescission. Section 10 within any borough, constituency, or any urban or rural imposes fresh punishments for desertion or absence sanitary district, or any ecclesiastical district or parish, without leave; and section 11 repeals section 13 of the

Employers and Workmen Act, 1875, so far as it excludes seamen and sea apprentices from the operation of the Act.

I have only to add that I shall with pleasure contribute to any fund which may be set on foot for the purpose.


43 & 44 Viot. c. 18.-The MERCHANT SHIPPING ACT,

[To the Editor of the Solicitors' Journal.] 1854, AMENDMENT ACT, 1880.

Sir, I quite agree with several of the remarks of This Act simply amends section 37 of the Merchant

your correspondent "A Town Member," and I have no Shipping Act, 1854, and provides, by section 2, that

doubt, from what I have heard, that the Brighton meeting (except in the case of a company represented by a

will be very numerously attended-in fact, there is every registered owner or joint owner) no more than sixty

probability of its being the largest yet held. four individuals are to be entitled to be registered at

Many of the London members of the Incorporated the same time as joint owners of any ship.

Law Society have repeatedly expressed their desire, in

some way, to return the hospitality they have received, 43 & 44 Vict. c. 22.-THE MERCHANT SHIPPING (FEES

now for several years, from the members of the provincial

societies. AND EXPENSES) ACT, 1880.

The country members will not listen to the proposal This statute, which is to be construed as one with the to hold one of what are termed the amual provincial Merchant Shipping Acts, 1854 to 1876, contains pro meetings in town; but, from inquiries I have made, it visions for the application of the proceeds of unclaimed seems tbey would not be unwilling to come to London at wreck towards expenses incurred in carrying out the some other time of the year, and indeed I have learnt provisions of the Merchant Shipping Act, 1854, in con that the occasion of the annual meeting in July would Dection with the wreck; for the expenses of removal of not be objected to, by some at least, for accepting such wrecks, and of advertising notices of foreign sea-marks, hospitality. and for other miscellaneous purposes.

I am convinced the Sussex Law Society would not be disposed to accept the assistance, or co-operation, of

the London members of the Law Society in the way 43 & 44 VICT. C. 43.--THE MERCHANT SHIPPING (CAR suggested by your correspondent; but if an arrangement RIAGE OF GRAIN) Act, 1880.

could be made for each member attending the meeting By section 3 of this Act, if a grain cargo is laden on

to pay for his ticket for the banquet-which suggestion a British ship, all necessary precautions are to be taken

has been thrown out on different occasions, and fully to prevent it from shifting. In default of this the

and readily assented to by all the members to whom I master and the agent charged with the loading are each

have mentioned it-the Sussex Society could easily, and subjected to a penalty notexceeding £300, and theownerisi

I may say they would with the greatest pleasure, bear similarly punishable unless he can show that he took all

the other expenses of the meeting. To expect them or reasonable means to enforce the observance of the sec

I may even say to allow them-to do more, would, it is tion and was not privy to the neglect. Sections 4-6

felt by all I have spoken to on the subject, be most unfair state the precautions which are to be taken in the case

and unreasonable, having regard to the comparative of particular voyages, and the notices to be given by the

smallness of the society. master to the consular agent or the principal customs

I happen to know that a similar suggestion was disofficer, and by section 7 any master making a false

cussed by one of the reception committees at one of the statement or omitting any material particular in such a

| large towns the society has visited; for it was foreseen notice is subject to a penalty not exceeding £100.

that the expenses attending these meetings, particularly those of the banquet, which is the largest item, would fall heavily upon smaller towns, and possibly, in fact, prevent our visiting them ; but the committee felt that

it would scarcely do for them, however desirous they Geireral Correspondence. might be of setting the example, to be the first to make

the proposed alteration.


London, Oct. 26.
[To the Editor of the Solicitors' Journal.]
Sir, -Whether the suggestion made by "A Town

Member” takes the preciso form he gives it, or no,
I beg leave to express my hearty concurrence in its

[To the Editor of the Solicitors' Journal.] spirit.

Sir,-Can there be any real doubt that the new I suppose be is right in saying that the stipulated Burials Act extends only to the burial of parishioners ? meetings must take place in the country. . Would it not The words of the 9th section are distinct : “ Nothing in be possible to arrange that the expense of them should this Act shall authorize the burial of any person in any be, in some proportion, borne by the town members ? place where such person would have had no right of or that, periodically, the town members should invite interment if this Act had not passed.” their country brethren to meet at a provincial rendezvous ? Now it would seem clear that a non-parishioner has no This would be within the rule.

right to be buried in the churchyard, not even in & The town members form so overwhelmingly large a family vault, at all events without the consent of the majority as compared with those in even the largest incumbent, and probably also of the churchwarden's provincial centres that some variation of the arrangements (see in addition to Phill. Ecc. Law quoted by you, hitherto adopted seems to be called for.

Ex parte Blackmore, 1 B. & Ad. 122 ; Nevill v. Bridger, No doubt these meetings are useful in more ways than L. R. 9 Ex. 214). How, then, can the Act apply to the one. The tendency of legislation and of things in case of a non-parishioner ? general, during the last half-century, has been in some But another question may arise. Can the incumbent directions to consolidate, but in others to disjoin, the alone, or with the assent of the churchwardens, consent to interests of town and country solicitors, and opportuni- theburial of anon-parishioner with such Nonconformistserties of friendly meeting are valuable; at the same time, to vices as mentioned in the Act? Can it be contended that attach to them too sumptuous a character would, I the moment the incumbent (or incumbent and churchsubmit, be undesirable in itself, and would tend to pre- wardens) assent to the burial of a non-parishioner, such vent such meetings from being held in places otherwise non-parishioner acquires “a right of interment”? It suitable.

not, will not the incumbent be guilty of an offence in

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