SOLICITORS' DIARY,

ALMANAC, & LEGAL DIRECTORY

FOR 1881. EDITED BY CHARLES FORD, Esq., F.R.S.L., 6S.C. “The cheapest and most useful companion for a Lawyer's desk.”

.PRICES: In Cloth, three days to a page, 3s. 6d.; Half Calf, 58., 68., and 8s. 6d., according to Diary space. WATERLOW AND SONS

LIMITED 35 & 96, LONDON WALL, & 49, PARLIAMENT ST., LONDON,

And may be obtained of all Booksellers.

EVIDENCE. A GENTLEMAN, who has had the entire charge A of several heavy cases in litigation, and who has just returned from a tour round the world, which he has made on behalf of an eminent firm of Solicitors in Lincoln's-inn, having brought to a successful issue the object of his mission, is prepared to UNDERTAKE the GETTING UP of EVIDENCE, and the obtaining of reliable information in any litigious matter of importance. He has very excepcionable facilities for obtaining information in London ; is personally acquainted with every town of importance in Great Britain and Ireland; and has trustworthy Agents in all parts of America, India, Australia, and New Zealand. He does not solicit work which would fall within the province of, or could be undertaken by, an ordinary clerk, and may be treated in any matter in. trusted to him, so far as confidence and secrecy are concerned, as one of the firm; and as he undertakes but one matter at the time, he is prepared, as hitherto, to devote his whole and undivided attention to it. The Advertiser wishes it understood that he accepts instructions exclusively through the medium of the Legal Profession, and any firm of Solicitors may avail themselves of his services without its ever being known, should such be deemed advisable, in what actual capacity he is acting in the matter.

For obvious reasons the Advertiser does not here give his name. and address, but will be happy to furnish (to Solicitors only) all particulars and references to firms of the highest standing on receipt of communication, or he will be happy to wait personally upon any Solicitor in the United Kingdom at his (the Advertiser's) own expense upon receipt of a request so to do.--Solicitors will please address, LEGAL, 117, Chancery-lane, W.C.

W ELL-SECURED INVESTMENT of £1,250

per Annum.--Messrs. Fuller, Horsey, Sons, & Co. are instructed by Executors to SELL, by Private Contract, a NET RENTAL of £1,250 per annum, arising from extensive freehold premises in a neighbourhood increasing in value, and adjacent to the railway depots, the Docks, and the River Thames. Let on lease to a most responsible firm for an unexpired term of 18 years, at the expiration of which time a considerable augmentation may be expected. Will be sold to pay 4 per cent, per annum.--For further particulars apply to Messrs. Fuller, Horsey, Sons, & Co., 11, Billitersquare, London, E.C.

THE STANDARD LIFE ASSURANCE COM

PANY.--Established 1825.

SPECIAL NOTICE.

The valuable Life Interest of a Gentleman, aged 70 last birthday, amounting to about £857 per annum, in the sum of £19,593 3s. 70. principally invested in Railway Debenture Stock; also Two Mortgage Bonds for £3,500 and £500, of the Welland Railway Com. pany of Canada, which will be SOLD by AUCTION by MESSRS. AERBERT BEAN & BURNETT, at

the MART, Tokenhouse-yard, London, E.C., on TUESDAY, DECEMBER 7, at TWO o'clock precisely, in Two Lots.

Particulars and conditions of sale of Messrs. Mullens & Bosanquet, Solicitors, 11, Queen Victoria-street, E.C.; or of the Auctioneers, 14, Nicholas-lane, Cannon-st, E.C.

TENTH DIVISION OF PROFITS, 1881. THE PROFITS WHICH HAVE ARISEN SINCE 1875 will be divided among Policies in force at the close of the current year, and assurances now effected will participate.

THREE MILLIONS sterling have already been added to the Com-. pany's Policies in Bonus Additions.

REVENUE, upwards of THREE-QUARTERS OF A MILLION sterling per apnum.

INVESTED FUNDS, upwards of F-VE-AND-A-HALF MILLIONS sterling.

H. JONES WILLIAMS, General Secretary for England.
Edinburgh-3 and 5, George-street (Head Office).
London-82, King William-street, E.O., and 3, Pall Mall East.
Dublin-66, Uppur Sackville-street.

DULWICH.
To Builders, Solicitors, Trustees, Land Speculators, and others.-

Valuable Freehold Building Estate."
MESSRS, FULLER & FULLER will SELL by

W AUCTION, at the MART, Tokenhouse-yard, London, E.C.,
on TUESDAY, NOVEMBER 30, 1880, at TWO o'clock precisely
(unless disposed of privately in the interim), the capital FREEHOLD
and BUILDING ESTATE, known as Norland House, Champion.
hill, East Dulwich, which comprises about 45 acres of choice build.
ing land, admirably adapted for the erection of superior class
property, ripe for immediate development, and capable of produc-
ing ground-rents amounting to upwards of £700 per annum. The
estate is within four miles of the Bank and Charing-cross, one from
Dulwich College, and two of the Crystal Palace, three minutes' from
Champion-hill, 10 from Rye-lane, and 15 from Denmark-hill Sta-
tions. There is a most commodious and convenient residence on
the estate, which is suitable for a school, public institution, club,
asylum, sanatorium, &c., or can easily be divided in three distinct
dwelling-houses.

May be viewed by orders from the Auctioneers, and printed particulars, plans, and conditions of sale obtained at the Mart; of Messrs. Simpson & Palmer, Solicitors, Three Crown-square, Southwark; of Charles Fruen, Esq., Surveyor, 110, Cannon-street; or at the offices of the Auctioneers, 70, Queen-street, Cheapside, London, E.C.

GRAY'S INN.

G. W. BERRIDGE, Actuary. For Occupation or Investment.-A most eligible and agreeably

situate Set of Chambers, being the Second Floor (South side) of No. 4, Raymond-buildings, Gray's-inn, overlooking in rear the

PEVERSIONARY and LIFE INTERESTS in stately pleasure-gardens of the Inn, and comprising entrance

10 LANDED or FUNDED PROPERTY or other Securities and lobby, three rooms, and appartenances. The Chambers are

Annuities PURCHASED, or Loans or Annuities thereon granted.. equally available for professional or residential purposes. The

by the EQUITABLE REVERSIONARY INTEREST SOCIETY (LIMI tenure is leasehold, renewable every seven years. Vacant posses.

TED), 10, Lancaster-place, Waterloo Bridge, Strand. Established 1835.. sion may be had. For sale in consequence of the decease of the | Capital, £500,000. Interest on Loans may be capitalized. late part owner.

F. S. CLAYTON, 1 Joint M R. ROBINS (of 5, Waterloo place, Pall Mall)

C. H, CLAYTON, ) Secretarias. is instructed to SELL the above described SET OF CHAMBERS at the MART, Tokenhouse-yard, E.C., on FRIDAY,

ESTABLISHED 1851. DECEMBER 10, at TWO o'clock.

R Κ Β Ε Ο Κ Β Α Ν Κ. --Particulars of A. R. Harding, Esq., Solicitor, 4, Westminster-cham. bers, Victoria-street, S.W.; at the Mart; and of Mr. Robins.

Southampton Buildings, Chancery Lane.
Current Accounts opened according to the usual practice of other

Bankers, and Interest allowed on the minimum monthly balances when THURGOOD & CO., Estate and Land Agents

not drawn below £25. No commission charged for keeping Accounts. Surveyors and Auctioneers, Lonsdale Chambers, 27. Chancery. The Bank also receivesmoney on Deposit at Three per cent. Interest, lane, W.C., hold PERIODICAL SALES or Property, at the MART, the repayable on demand. The Bank undertakes for its Customers, free of Second Tuesday in each month. Railway, School Board, Corporation, charge, the custody of Deeds, writings, and other Securities and Valu Board of Works, and other Compensations conducted. Valuations for ables ; the collection of Bills of Exchange, Dividends, and Coupons; and Probate, Mortgages, &c. Estates managed.

the purchase and sale of Stocks and Shares. Letters of Credit and A scale of charges upon application.

Circular Notes issued.

A Pamphlet, with full particulars, on application. MESSRS. DEBENHAM,TEWSON & FARMER'S

FRANCIS RAVENSCROFT, Manager.

31st March, 1880.
LIST of ESTATES and HOUSES to be SOLD or LET, inclnding
Landed Estates, Town and Country Residences, Hunting and shooting
Quarters, Farms, Ground Rents, Rent Charges, House Property and

CHRISTMAS PRESENTS.-Nothing is so highly Investments generally, is published on the first day of each month,

appreciated as a case of GRANT'S MORELLA CHERRY and may be obtained free ofcharge, at their offices, 80, Cheapside, E.C., | BRANDY, which can be ordered of any Wine Merchant. Queen's or will be sent by post in return for two stamps.-Particulars for inser quality, as supplied to her Majesty, 428. per dozen ; Sportsman's tion shoulde be received not later thau four days previous to the end special quality, 60s. per dozen,-Manufacturer, T. GRANT, Distillery, of the precding month.

Maidstone,

:

LONDON, NOVEMBER 27, 1880.

greater amount of work than the estimate we gave
some time ago. The orders made in court were 429, and

the orders made in chambers 619, making a total of no
CONTENTS

less than 1,048 orders made in the Chancery Division

during the long vacation.
CURRENT TOPICS ......
CHIEF JUSTICE COCKBURN ......................

A CONTROVERSY has been raging at Manchester with
JEDICATTRE RETORY ..........

reference to the amount of income-tax which should be
JUDICIAL STATISTICS ....

deducted for the December half-year from half-yearly
REVIEWS .....
GENERAL CORESPONDENCE

payments of chief rents, interest, and dividends of public
CASES OF THE WEEK ................................

companies. The Inland Revenue Act of last session (43
OBITTART ..................................

& 44 Vict. c. 20), s. 51, provides, it will be remem.
THE OFTICE OF LORD CHIEF BARON ............

bered, that
LEGAL APPOISTNEXTS ........ ............... .............

"For determining the amount which may be deducted by
COMPANIES ...................................................

any person liable to pay any rent, interest, annoity, or other
LEGAL EDUCATION IN LIFERPOOL.........................

annual payment in the course of the said year [commencing
LAW STEDENTS' JOTEXAL ..

on the 6th of April, 1880), on making the payment, where
CREDITOES CLANS ........

any such payment shall have been made prior to the passing
LEGAL NES ........

of this Act (i.e., August 12], and duty at the rate of five-
COURT PAFERS ....

pence only shall bave been deducted therefrom, the duty
LONDON GAZETTES, &c., &c. ..........

82 shall be deemed to be payable at the rate of fivepence for the

first half of the said year, and at the rate of seven pence for
CASES REPORTED IN THE WEEKLY REPORTER. I the other half of the said year.”
Alexandra Palace Company, In re (Ch.Div. V.C.M.).

The question which bas been raised is, in cases in which
Ballard v. Shutt (Ch.Div. Den., J. for Fry, J.) ...............
Crawshaw, In re. Crawshaw v. Crawshaw (Ch.Div. M.R.) ....

5d. in the pound only was deducted on the 24th of June
Darrell v. Tibbitts (App.).......

last from half-yearly payments then due, what is the
Dost Ali Khan, In the Goods of (Prob.) ................

rate lawful to be deducted on December 25 by way of
Jones v. Jones (App.).........
Kaspp y. Knapp (Div.) .........................

80

adjustment? The Inland Revenue Office having been
Gdland Wagon Company, The, v. The Potteries, Shrewsbury. appealed to in the matter, has replied that, “ if income-
and North Wales Railway Company (Ex.Div.)

tax at the rate of 5d. in the pound only was deducted
Mogg, Appellant, v. Overseers of Yatton, Respondents (Q.B.Div.
Motion . King (Ch.Div. V.C.H.) ....

in respect of the quarter ended June, 1880, the Inland
New Zealand and Australian Land Company V. Ruston

Revenue Act, 1880, s. 51, provides that the duty shall
(Q.B.Div.) .................................
Queen, The, v. Mews (App.) .....................

be deemed to be payable at the rate of 5d. in the pound
Sheehan v. Great Eastern Railway Company (Ch.Div. V.C.M.) for the quarter to Michaelmas, and at the rate of 7d. in
Stensfeld v. Stansfield, In re Stansfield (Ch.Div. V.C.B.) ......

the pound for the other half-year. It follows that as a
Sykes v. Schofield (Ch.Div. M.R.)
Tris v. Earl Howe (Ch.Div. V.O.M

payment for the half-year to Christmas, 1880, will come
prise one quarter at 5d. and one quarter at 7d., the
deduction will be at 6d. in the pound on the whole, and
that 7d. in the pound will have to be deducted in respect
of the quarter to Lady-day, 1881.".

70

CURRENT TOPICS.

IT IS UNDERSTOOD that the letter of the Lord Chan-
celior to the late Lord Chief Justice was not intended for

THE PROVISION of section 56 of the Judicature Act,
publication.

1873, which enables the High Court or Court of

Appeal to “call in the aid of one or more assessors
JR. JUSTICE Fry will, on the 15th of December, at his specially qualified, and try and hear such cause or matter
court in Lincoln's-inn, hear cases adjourned for con wholly or partly with the assistance of such assessors,"
sideration from the Oxford Circuit.

was, we believe for the first time, put in force in a
common law division last Wednesday, when Mr.

Justice WILLIAMS obtained the aid of a civil engineer
UR. S. P. B. BUCKNILL, B.A., Trinity College,

as assessor in trying a question whether certain machinery
Cambridge, solicitor, has been appointed Assistant Se.

for the defendants' rice mills had been supplied by the
cretary to the Incorporated Law Society.

defendants in accordance with their contract. Both
parties agreed in desiring that the premises and machinery

should be viewed by the judge and the assessor. It is
THE COUNCIL OF JUDGES to be held under the provisions

curious that the Judicature Acts and Rules apparently
of section 75 of the Judicature Act, 1873, and referred

contain no provision as to a view or inspection of prop-
to in the letter of the Lord Chancellor to the late Lord

erty by a judge or his assessor, although ord. 36, r. 30,
Chief Justice, is fixed for Saturday, the 27th inst.

specially provides for the case of a view by a referee

and his assessors. The referee “may, subject to the
THE GOVERNMENT BILL for the amendment of the bank -

order of the court or a judge, hold the trial at, or adjourn
ruptcy law, on the lines marked out by the Select Com -

it to, any place which he may deem most convenient, and
mittee of the House of Coramons which sat last session,

have any inspection or view, either by himself or with
is now being drafted, with a view to its introduction

his assessors (if any), which he may deem expedient,

for the better disposal of the controversy before him."
early next session.

The provisions of section 114 of the Common Law Pro-

ceedure Act, 1852, and of section 58 of the Common
WE ARE INFORMED that the official returns of vacation Law Procedure Act, 1854, with reference to a view by
business in the Chancery Division will show even a la jury are still in force, and Mr. Justice WILLIAMS
pointed out that while the decision of the jury, founded but if the solicitor's authority is disputed, it is for him to on a view, could not, in the absence of an order for a new prove it, and if he has no written authority, and there is trial, be the subject of an appeal, his own decision nothing but assertion against assertion, the court will could, in the case before him, be appealed against treat him as unauthorized, and be must abide by the Should the case therefore be carried to the Court of consequences of his neglect." In the recent case an order Appeal, the Lords Justices will, of course, be enabled to attend proceedings under an administration decree to avail themselves of the assistance of assessors, and had been obtained by a solicitor without the written would also doubtless, if they thought it necessary, view authority of his client, although there was evidence that the machinery in company with their assessors.

the solicitor had been verbally instructed by the client to apply for the order. The client denied giving the

authority, and the order was discharged, but no order EMPLOYERS AND WORKMEN in collieries have already was made as to costs. shown an inclination to contract themselves out of the provisions of the Employers' Liability Act, the Lancashire and Cheshire Coal Owners Association and

THE DAYS when judges' chambers were known as “the the Miners' Permanent Relief Society having appointed | bear garden” had, it was hoped, come to an end when the a joint committee to consider the desirability of effecting

removal was effected to a more convenient building; but a mutual arrangement as to the mode of relief and

it is to be feared that a little of the “ bear garden" compensation in cases of accident. The committee,

spirit still survives among the frequenters of the hall after taking the opinion of counsel, have in effect

which forms the ante room to the judges' chambers in reported that it is competent for employers and employed

the Royal Courts of Justice. In a conspicuous place on to agree for such a valuable consideration to the em.

the wall of this hall there may be (or not long ago there ployed as will enable payment to be made by the

might have been) seen a huge blotch of ink caused by the Miners' Permanent Relief Society in all cases of accident | hurling of an inkstand by one solicitor's clerk at another. in lieu of the legal remedies provided by the recent Act,

Not merely the wall but the face of the opponent was but that such arrangements must be mutual, not only besmeared with the ink. We believe that, after some between the employers and the persons employed by trouble, the name of the offender was discovered, and a them, but also between the winers and the drawers or

sum was demanded for the damage caused to the wall; contractors and the persons whom they employ. It is

and six months after the offence had been committed proposed that the owners of collieries in the district this sum was paid. What action the person whose face should continue to subscribe to the society as honorary was inked may have taken we have been unable to ascermembers, their contributions being raised from fifteen tain. per cent. to twenty-five per cent. upon the miners' contributions, with power to the managers of the society to discontinue, or refuse to establish, a local agency at any colliery the owner of which neglects to pay his full CHIEF JUSTICE COCKBURN. subscription or refuses to become an honorary member

To those who think of law only as a system of rules, and of the society, and also to require an increase in the

of its administration only as the application of those subscription of the proprietor of any colliery where the

rules by a rigid logical deduction, it may seem strange number of accidents exceeds the average of those at all

that a great judicial post should have been occupied so the collieries in the district in proportion to the number

long, and with such well-deserved applause, by one of persons employed. Every person employed at such collieries is therefore to undertake, for himself and his

whose most striking qualities were an acute sensibility

and that brilliant and picturesque genius which loves representatives, in consideration of the payments by the

rather to paint things in the round, than to sketch them employers to the society, to lock to the funds of the

in the narrow geometrical patterns of legal forms and society alone for any injury sustained in the course of

definitions. But this would be to forget that law his employment, whether resulting in death or not, and

itself is made to serve the needs of the world it regu. that neither the employer nor any person employed by

lates; that its efficient administration needs a clear and him shall be liable in respect of negligence which

just appreciation of the facts it is to be applied to, and occasions an injury. There certainly appears to be

that the successful investigation of those facts is an nothing in the Act which would prevent such a mutual

essential preliminary to a just determination. An exact arrangement as is now contemplated, and it will be in. teresting to see whether a similar plan is adopted in

and careful lawyer who is wanting in imagination,

insight, and knowledge of the world, may not only fail other trades.

to discover the facts, but may misapprehend the bearing upon them of the rule, of which he has no full and

pregnant, but only a dry and technical, knowledge; and THE CASE of Bird v. Harris (29 W. R. 45), would the same defect may vitiate even his purely legal reasonseem to show that the rule laid down in Wright v. ing; so that his administration of the law is perverted Castle (3 Mer. 12), that a solicitor, in the exercise of a into legal injustice, and his very law becomes a fetter general authority given him by his client, may defend and a snare. On the other hand, these qualities are in proceedings, but cannot institute proceedings without their turn apt to mislead their possessor, and to draw å special written authority for the purpose, is not so him aside from the path of law into an arbitrary and well known as it ought to be. “It is settled," said fanciful equity, which baffles reasonable expectation, Lord Eldon, in the above case, that “if the plaintiff and makes what ought to be a clear and settled order denies, and the solicitor asserts, authority to have been into a Lesbian rule. They are valuable only, when they given, and there is nothing but assertion against asser- co-exist with a firm logical basis in the understanding, tion, the court will say that the solicitor ought to have which is capable of apprehending, receiving into itself, secured himself by having an authority in writing ; and and retaining, formal and systematic propositions; but that, not having done so, he must abide by the conse in the perfect co-ordination of these opposite qualities quences of his neglect.” And in Allen v. Bone (4 Beav. | there exist the elements of the highest judicial faculty. 493), Lord Langdale said that “ it is the duty of a soli It cannot be doubted that in the late Lord Chief Justice citor to obtain a written authority from his client before the imaginative and the logical powers were combined in a he commences a suit. If circumstances are urgent, and very eminent degree. It is, indeed, certain that the he is obliged to commence proceedings without such former had the predominance; but its range was so high authority, he should obtain it as soon afterwards as he that, if balanced by an equal strength in the reasoning can. An authority may, however, be implied where faculty, he would, it may fairly be said, have been surthe client acquiesces in and adopts the proceedings; passed by no judge of any age or country. His