Page images

bank, and it appears to me that the husband is entitled to be relieved of the obligation for this debt of his wife, upon surrendering any sum of money or other valuable consideration which he obtained upon the occasion of the marriage.'' 14 March, 1879. Wishart & Dalziel v. City of Glasgow Bank, 6 S.C., 823.

Public Company. The name of a last surviving trustee was retained on the register for six years after his death : Held, that though the company was aware of his death, and his executors were not aware of his being a trustee or holding the stock as trustee, yet his estate was liable as his name was on the register at the date of the stoppage of the bank, and that his executors must be placed on the second part of the list of contributories as representing him. Per Lord President : “ It is quite impossible for us to order this gentleman's name to be taken off the register. It was properly put there and it has never been taken off by any competent proceedings.” 14 March, 1879. Low's Executors v. City of Glasgow Bank, 6 S.C., 831.

(2.) CANADIAN: EXTRADITION. In connection with a subject of considerable importance with regard both to International and Inter-Colonial relations, and to the relations of the Mother Country with her colonies, we think it well to lay before our readers two very recent Extradition cases, reported in the March numbers of our valued contemporaries, the Canada Law Journal and the Canadian Law Times respectively.


Court, March 11, 1881. The Queen v. McHolme.

Arrest in Canada, on Telegram from England, for Larceny:

Extradition. The prisoner was arrested and detained on a telegram from the Chief Constable at Liverpool, saying that a warrant charging prisoner with conspiracy to defraud his creditors, and with committing larceny, was out against him, and that he had absconded to Canada. The prisoner was brought before the police magistrate at Toronto, who remanded him under a warrant, but the proceedings were removed into the Queen's Bench by certiorari, and a writ of habeas corpus was also granted. The detective who arrested McHolme swore that he believed a warrant for his arrest had been issued in England, but the warrant of arrest itself was not produced, nor, of course, was it endorsed by a superior Court Judge here [i.c., in Canada), as required by the Imperial Act, 6 & 7 Vict., cap. 34: Held (per Cameron, J.) that under these circumstances the prisoner must be discharged, as, under the Imperial Act, persons charged with committing treason or felony in Great Britain and Ireland could not be arrested in the colonies (or vice versa) until the warrant of arrest, issued in the country where the offence was committed, was produced and endorsed by a Judge or other officer in the country where the prisoner is arrested.

The learned Judge said, however, that, under the Extradition Act, offenders from other foreign countries [i.e., we presume, countries other than the Mother Country and her colonies] could be arrested on information and warrant issued here [i.e., in Canada), without any warrant from the foreign State; and that there might be a way under the law of this country {i.e., Canada] for protecting the arrest, but he had no right to assume that a warrant had been issued in England until the warrant itself was produced and endorsed.-Canada Law Journal, vol. xvii., No. 6, March 15th, 1881.

Supreme Court of CANADA, ONTARIO — COMMON Pleas,

MARCH II, 1881.Regina v. Brown. Extradition – Foreign Indictment – Sufficiency – Statutes

in Force. Held, that the 40 Vict., cap. 25 (D.)relating to the extradition of fugitive criminals is not in force, but that the law and practice is to be found in the Ashburton Treaty, Art. X., and the Statutes, 31 Vict., cap. 94 (D.), 33 Vict., cap. 25 (D.), and the Imperial Act, 33 & 34 Vict., cap. 52.

On an application for the extradition to the United States of a person charged with murder therein: Held (Osler, J., dissenting), that, under the above Acts, a certified copy of an indictment for murder found by the Grand Jury of the said foreign country, to wit, Erie County, State of New York, was sufficient evidence of such a charge to warrant the extradition.

Per Wilson, C. J., and Osler, J.: The other evidence set out in the case, documentary and viva voce, was insufficient.

Per Galt, J.: Though in doubt as to the sufficiency of the indictment by itself, it was still sufficient when taken in connection with the other evidence.--Canadian Law Times, vol. i, No. 6 -Occasional Notes-March, 1881.

Both the above cases seem well calculated to illustrate the difficulties which frequently surround extradition cases, the care with which the circumstances of each demand are investigated, and the general reluctance in the judicial mind to refuse extradition if it can fairly be said that adequate cause has been shown. In the Queen v. McHolme, the Court was evidently anxious but unable to find some modus vivendi ; in Reg. v. Brown, from the remarks of members of the Court, the case would appear to have been only just sufficiently made out to admit of the extradition. Some such difficulties are probably inherent in this class of cases, and not to be removed by the most elaborate of treaties.


Legal Obituary of the Quarter.

* Membelled 1867: diington he ancient

(ENGLAND, SCOTLAND, AND Ireland.) AMHURST, Hon. Francis Tyssen-, of the Inner Temple, Bar. rister-at-Law, and Member of the Legislative Assembly of Queensland, aged 38. Called 1867. Second son of the late W. G. Tyssen-Amhurst, Esq., of Didlington Hall, and brother of Mr. Tyssen-Amherst, M.P. (who resumed the ancient spelling Amherst, by R. L., 1877). Mr. Francis Tyssen-Amhurst, who was educated at Christ Church, Oxford, B.A. 1865, died on board the P. & O. steamer Bokhara, on his way home from Queensland. Jan. 3.

Avory, Henry, Esq., Clerk of Arraigns at the Central Criminal Court, aged 55. Admitted a Solicitor, 1857. Appointed Clerk of Indictments on the Home Circuit, 1845; Deputy Clerk of Assize on the same Circuit, 1858; and Clerk of Arraigns, Central Criminal Court, 1860, in succession to the late Mr. Straight. April 5.

BARTON, Richard, of Caldy Manor, Birkenhead, Cheshire, and of the Inner Temple, Esq., Barrister-at-Law, aged 59. M.A. St. Peter's Coll., Camb. Called 1849. J.P. for Cheshire, and High Sheriff, 1875. April 17.

Bateson, William Gandy, Esq., Solicitor, Liverpool, aged 64. Admitted 1840. Mar. 12.

BEACONSFIELD, Right Hon. Benjamin, Earl of, K.G., D.C.L., LL.D., late First Lord of the Treasury, and formerly a Fellow of the Honourable Society of Lincoln's. Inn, aged 75. Lord Beaconsfield, who was eldest son of Isaac D’Israeli, the Author of “Curiosities of Literature,” himself very early entered upon the active pursuit of literature. He also devoted no inconsiderable portion of his early life to the study of the law in both branches of the profession, having originally entered into articles with a solicitor, and served about three years. He subsequently joined the Inns of Court, and kept nine terms at Lincoln's Inn, but ultimately abandoned the idea of being called to the Bar. He first sought a seat in Parliament, but unsuccessfully, in 1831. In 1837 he was returned for Maidstone and for Shrewsbury in 1841. In 1847 he commenced his politi


cal connection with Buckinghamshire, which lasted until his elevation to the Upper House. Chancellor of the Exchequer in Lord Derby's Administration, he became Premier on his resignation in 1868, in which year his wife was created Viscountess Beaconsfield. A second time Premier, 1874-80, in 1876 Mr. Disraeli was created Earl of Beaconsfield, his wife having died in 1872. From 1871 to 1877 he was Lord Rector of the University of Glasgow. In 1862 he was made an Honorary D.C.L. of Oxford. April 19.

Beattie, George, Esq., Solicitor, aged 35. Admitted 1868. Feb. 12.

Beor, Henry Rogers, of Brisbane, Queensland, and of the Middle Temple, Esq., Barrister-at-Law, Q.C. (Queensland), and late Attorney-General for Queensland. B.A. St. John's Coll., Camb., 1868. Called 1870.

Breese, Edward, Esq., Solicitor and Clerk of the Peace for Merionethshire, aged 45. Admitted 1857. Mar. 10.

Burke, James St. George, of the Auberies, Essex, and of the Middle Temple, Esq., Q.C., and a Bencher, aged 76. Called 1846. Head of the branch of the Burke Family, to which Mr. Serjeant Burke belonged. Feb. 25.

Burke, Peter, Esq., Serjeant-at-Law, aged 66. Called by the Hon. Society of the Inner Temple in 1839. Q.C. of Co. Palatine of Lancaster, 1858. Received the degree of the coif in 1859. Mr. Serjeant Burke, who was an accomplished classical scholar, and a good archæologist, was elder brother of Sir Bernard Burke, LL.D., C.B., Ulster King of Arms, and was himself a well-known authority on Peerage Law, having been engaged in several of the most remarkable modern cases, such as Shrewsbury, Inchiquin, Dunboyne, Fermoy, &c. He was the author of works on Copyright and on Criminal Law, as well as of a “ Life of Edmund Burke,” the “ Romance of the Forum,” &c. He received his early education at the College, Caen, and in later years became Director of the Society of Antiquaries of Normandy, for 1866-7. He inherited his grandfather's estate of Elm Hall, Co. Tipperary, in 1864. Mar. 26.

Cobbett, James Paul, of Lincoln's Inn, Esq., Barrister-atLaw, aged 77. Third and last surviving son of the celebrated William Cobbett, M.P. for Oldham. Called 1831. Mar. II.

Cobham, Nathaniel, Esq., Solicitor, Clerk to the Magistrates, Ware, Herts. Admitted 1829. Feb. 6.

« PreviousContinue »