Page images
PDF
EPUB

mind was perhaps more capacious than powerful, more We may then, perhaps, assume that the second, clear than profound; too quick and susceptible to admit third, and fourth of the present Divisions of the of a sufficient tenacity of grasp. Hence he was greatest High Court of Justice will shortly cease to have a in dealing with facts, and in his exposition of those separate existence, or rather that the two last will branches of law which spring most immediately from, merge in the first; and though a certain feeling of regret and are most closely based upon, human life and con- may arise at what seems the disappearance of such ancient dact; and his influence upon law has probably been felt and historical institutions, the regret will hardly go more in the impulse and direction he gave to it than in beyond a sigh when it is remembered that the instituhis direct contributions to its formal contents. The scope tion had in effect some time since expired, and that all and activity of his intelligence, and the variety of his that was left to part with was the name. Under such pursuits may, to some degree, have impaired the fullness circumstances we may be content to see history returnand accuracy of his acquaintance with its subordinate ing on its steps, and re-constituting under more favourable rules; but, on the other hand, he had a firm grasp conditions an Aula Regis, destined some day, perhaps, of its great leading principles; he never fell into the to occupy a still wider sphere of action. snare of subtlety; he never treated law as though it were But it is not only the nominal and idle distribution of the designed to be an impediment to human action, and a judicial staff of which the public is weary ; it is weary of sort of surprise upon mankind; he never willingly Divisional Courts, which have lost all the old splendour and permitted substantial justice to be defeated by form and prestige of the courts in banc, and exist only to harass the tecknicality. There is more goes to the making of a suitor and to perplex the transaction of business. The great judge than mere intellectual qualifications; an bench of three judges, strengthened on important occahonest love of justice, a true regard to the public welfare ; sions to four, which formed the old tribunal, has a generous disdain of falsehood, tricks, and knavery ; an long since ceased to exist in theory, and only lingers in a honour above suspicion ; a manly courage and indepen, curtailed form here and there in practice. The Divisional dence; a resolute attachment to freedom-these are the Court now consists of two judges, and no mortal man things that give confidence to the public in the would say, if privately asked, that he would for any of administration of justice, and cherish and maintain the the matters ordinarily transacted before them, prefer two spirit of honour in the profession; and these are qualities judges to one ; unless indeed his hopes in some pending that have long been associated with the name of Chief case rested on the probability of creating a division of Justice Cockburn.

opinion. To put the matter from another point of view; We may be permitted to regret that the failings inci- the judges of the Chancery Division sit alone; will any one dent to such a temperament and genius as his, to the venture to assert that he would be more content, say, with long possession of a great and dignified office, and to the combined judgment of Vice-Chancellor Malins and advancing age, did not suffer him to unite his name with Vice-Chancellor Bacon than with the single decision of the promotion of a reform the principles of which he had either of them? If, then, in kindred matters no one long advocated. But this is not the time to dwell upon desires to establish a double-seated tribunal in Lincoln'sa failure in a great and brilliant career. It is a more inn, what folly is it to suppose that such a tribunal must congenial task to record the high merits we have briefly be retained at Westminster; or is the ele and imperfectly sketched, and the long services he rendered really so important that we need to have this disparity country; and to recall to memory the dignity with in the administration of justice exhibited to our eyes which he ever sustained his great office; the courtesy, not in the Royal Courts of Justice before we can make up less sincere than graceful, which he extended to all who our minds to put an end to the distinction ? came before him; the refined intelligence which illumi. If this matter were brought to the test of detail, it nated his sensitive and expressive features, and the clear would be found, we venture to affirm, that there is no melodious voice which could be roused to tones of indig. business now taken by the Divisional Courts that could mation, but which never lent itself to the mean amuse not, with propriety, be relegated either to single judges ment of sarcasm, and never knew the language of or to the Court of Appeal. If by such a redistribution rudeness. To those who heard and saw and knew these of work it became necessary to strengthen the Court of things it may well seem that one of its brightest stars Appeal, it would be far better, and in the main far has fallen from the judicial firmament; nor can it be cheaper, to the community to do so than to continue a syswondered at if they feel the loss with the poignancy of tem by which the judges are inconvenienced and no one a personal bereavement.

is pleased. It is a point which higher powers will decide, but we would venture the suggestion that if the proposal

which Lord Selborne now makes be adopted, its execution JUDICATURE REFORM.

should be delayed until some further re-arrangement of

the business can be made, which will remove some of the The letter addressed by Lord Selborne to the late scars and blots which the Judicature Act partly allowed Lord Chief Justice (which, since it has escaped from its to remain in the judicial system, and partly, by its imintended privacy, we may be excused for referring perfect amendment, introduced ; and which the rules to) marks a new step in the course of judicial re- since made have, in several instances, inflamed and form; and we may with reasonable probability expect aggravated. We cannot, on the present opportunity, that the change proposed, and for the development of hope to see all done that needs to be done. But surely which the vacancy caused by the death of the Chief so much may be done as to make it easy, at some future Justice affords eo remarkably favourable, an opportunity, time, and with the help of further experience, to comwill be sanctioned and approved by the council of judges plete that system of which the Judicature Acts traced which is shortly to meet. Ever since the Judicature the first rude and imperfect outlines. Act of 1873 the prospect of a further consolidation of the courts has no doubt been always present to the minds of those who have thought at all upon the subject; and the death of the late Chief Baron furnished an opportunity

In the case of Lysaght v. Magrath, on the 18th inst., says for its partial realization which we could hardly think

an Irish legal journal, Chatterton, V.C., remarked that be would be neglected.

It was of opinion that counsel were not sufficiently paid. The recent event, in other respects so much to be regretted, expands that opportunity into

was very easy to raise a cry against counsel for not remain

ing in court till the end of any particular case in which an imperative demand for action; and it is a matter to

they might happen to be retained; but the fact way that, be rejoiced at that the occasion has fallen into the hands having regard to the amount of remuneration they received, of the most sincere and the most successful of law re it would be unreasopable to expect them to do so. If counsel formers, and that he is supported by men of too much

la unat ne 18 supported by men of too much were properly paid they might afford to do that, but so long public spirit to embarrass him by pressing their own as they were paid as they were at present they could not be claims to preferment.

I expected to do it.

The number of indictable offences committed in THE JUDICIAL STATISTICS. 1879 was 52,447, being 1,618 less than in 1878. In THESE returns continue to show a decrease in the total

respect of these offences 23,658 persons were apprehended; number of the criminal classes at large, but in the

which is a decrease of 404 from the previous year. number of known thieves and depredators there is an

The apprehensions in 1879 are in the proportion of 45:1 increase equal to four per cent. as compared with the

por cent. to the number of crimes committed as against numbers shown on the last return. There is a decrease

44.5 per cent. in 1878 and 50:06 per cent ten years ago. in the number of indictable offences reported by the

The persons apprehended, when brought before the police, but in the number of persons for trial at assizes

magistrates, were disposed of as follows: and sessions there is a trifling increase. In 1879 there

Discharged for want of evidence . . 5,293 were 34 convictions for murder as against only 20 in

, for want of prosecution . 1,405 the previous year.

, on bail for further appear.

ance, if required POLICE.

; . . . 128 Bailed to appear for trial

.. . . 1,519 The numbers of the police and constabulary force in Committed for want of sureties . . 44 England and Wales show an increase of 374 over Committed for trial . . . 15,269 those of last year. In 1879 the total number of the police force was 31,047, consisting of 4 commissioners

23,658 and assistant commissioners, 4 district and inspecting It appears from this that the number of persons apsuperintendents in the metropolis, 56 chief constables of prehended being 45.1 per cent. of the number of crimes counties, 163 head constables of boroughs, 521 super committed, and that out of the number apprehended intendents, 1,299 inspectors, 2,983 serjeants, 25,129

28.9 per cent. being discharged by the magistrates, constables, 386 additional constables, and 502 detective no punishment whatever is awarded in respect of more officers.

than half the crimes committed, and that only about 65 The total number gives one for every 731 of the per cent. of those persons apprehended (being in the population according to the census of 1871, or one for

proportion of 32:3 per cent. of the number of offences) every 812 of the population estimated for the middle of are committed or bailed for trial. the year. Ten years ago the proportion was one police The principal offences enumerated as having beer officer for 844 of the estimated population. During committed in 1879 are 148 murders, 60 attempts at these ten years there has been an addition of 5,150 to murder, 754 cases of shooting at, wounding, stabbing, the numbers of the police.

&c., 234 cases of manslaughter, 112 of concealment of The costs of the police and constabulary in 1879 was

birth, 2,930 of burglary, 2,367 of housebreaking, and £3,058,671 as against £2,980,592 in the previous year. 36,562 larcenies. There were 159 murders in 1878, and The amount was experded as follows :--£2,361,987 254 cases of manslaughter, showing in both instances & in salaries and pay; £71,363 in allowances and

decrease in 1879, and in all crimes accompanied by contingent expenses ; £177,353 in clothing and accoutre violence there is an appreciable decrease from the number ments; £113,257 in superannuations and gratuities; of the previous year. £49,466 in horses, harness, and forage; £243,804 in Under the head of summary proceedings before magis. buildings, station-house charges, printing, and stationery trates, it appears that 641,038 persons were proceeded and £41,441 in other miscellaneous charges. The pro against, and that 506,281 were convicted, the remaining portion of this expense which was borne by the Govern 134,757 being discharged. The total number convicted ment was £1,209,734, and the balance, amounting to shows a decrease of 31,951; but in the previous £1,848,937, was provided by those who retained the year there was an increase of 18,393. Ten years ago “special services” of the police, and from local sources. the total number of persons proceeded against was

In addition to the superannuation allowances before | 517,875, and the convictions 372,707. mentioned, the following amounts were paid out of the Among the penalties inflicted in respect of these superannuation funds of the different forces- viz., bor 506,281 summary convictions we find that 103,890 persons oughs, £39,741 ; counties, 653,156 ; metropolitan police,

were imprisoned for periods varying from 14 days and £36,763; and city of London, £9,211; making a total under to 6 months and upwards, or were sent to reformaof £138,871. Thus the whole superannuation allow tories or industrial schools ; 341,946 were fined ; 1,317 ances of the police for 1879 amounted to £252,128, being were whipped ; 16,781 were ordered to find sureties or to £16,061 more than in 1878, It should be added that

enter into recognizances ; 3,232 were delivered up to the the superannuation funds are formed from deductions army or navy; and 39,115 had other punishments from pay, stoppages, and fines.

awarded them. The numbers committed to prison and Each man cost on an average £93 10s. 4d., being to reformatory and industrial schools are in the propor£1 6s. 11d. more than the average of last year. Ten tion of 20:5 per cent. to the total number convicted in years ago the average was £81 14s. 10d.

1879, as against 19.8 per cent. in 1878. THE CRIMINAL CLASSES.

The total number of persons apprehended for indicThe returns as to the number of depredators, offend

table offences, and of those summarily proceeded against

| was 664,696, and of this number we find that 18,336 ers, and suspected persons at large do not include

were known thieves ; 42,628 were suspicious characters; those who have been living honestly for one year at least subsequently to their discharge after conviction.

301,780 were of previous good character, and the character During the year these classes, including known thieves

of 215,964 was unknown.

In the year 1879, the number of appeals to quarter and depredators, receivers of stolen goods and sus.

sessions was 152 as against 154 in 1878. In 87 of these pected persons, numbered 41,048, of whom 5,579 were

cases the conviction was affirmed, and in the remainder under the age of sixteen years. In the previous year the number was 40,626, of whom 5,683 were under that

quashed. There was, therefore, one appeal for every age. Ten years ago the total number was 54,249. The

5,237 cases, and one reversal of judgment for every decrease in these classes in the metropolitan police dis

12,571 convictions. trict alone amounts to 5.1 per cent. on the number of

INQUESTS. the previous year. The total number of the criminal Coroners' returns show the number of inquests held classes including those at large was 73,817, consisting of during the year to have been 27,056, being 572 less than 17,553 in local prisons, 10,378 in convict prisons and in the previous year, Verdicts of murder were returned 4,838 in reformatories; the total is an increase of 325 in 153 cases, and of manslaughter in 149; the cases of over the number for 1878. It should be observed that suicide were 1,941, and there were 10,787 verdicts of ten years ago the total number of the criminal classes accidental death. The return of the ages of the persons was 13,210 more than it is at present.

| on whom inquests were held shows that out of the total of 27,056 deaths, 8,522 were children of the age of seven Mr. Walker has no doubt followed the head-note to years and under, of whom 3,723 were females, and the singular report of Burdick V. Garrick which that 4,749 were above the age of 60 years. Of the appeared in the Law Reports (L. R. 5 Ch. 233), in children 7 years old and under, 15'0 per cent. are said which it is said (exactly in Mr. Walker's words) that to have been illegitimate.

“compound interest will only be given against an The expense of holding inquests amounted to accounting party when he has employed the money in £86,333 ls. 7d., being an average of £3 38. 9d. for each business." But Mr. Walker ought to know, what the inquest ; in 1878 the total was £89,290 15s. 9d., and rest of the legal world by this time pretty well knows, the average £3 4s. 7d. Ten years ago the average cost of that the head-notes in the Law Reports are sometimes each inquest was £3 2s. 9d., and since that time the very curious productions, apparently written under some lowest average has been $2 18s. 11d. in 1875, and the special inspiration unconnected with the judgment in highest £3 5s. 3d. in 1877.

the case reported.

On another point Mr. Walker has allowed himself to be be misled by this head-note to Burdick v. Garrick. He

says, referring to that case, “In a recent case, where REVIEWS.

there was no proof that a person in a fiduciary

position had made any interest or profit on money in his EXECUTORS AND ADMINISTRATORS.

hands, he was charged with interest at five per cent., the

court presuming the rate of interest made to be the A COMPENDIUM OF THE LAW RELATING TO EXECUTORS' ordinary rate of interest-namely (as it was said), five

AND ADMINISTRATORS, WITH AN APPENDIX OF STATUTES per cent." The words in italics' are taken verbatim ANNOTATED BY MEANS OF REFERENCES TO THE TEXT.

from the reporter's head-note; but if Mr. Walker had By W. GREGORY WALKER, Barrister-at-Law. Stevens

looked at p. 237 of the report, he would have found it & Haynes.

stated in argument, and not denied, that the money In this admirably printed volume, Mr. Walker has had been employed by the fiduciaries in their business, attempted to condense a very wide subject into a com and had been mixed up with partnership funds; and he paratively small compass. His general scheme of would have seen that Lord Hatherley, in his observations arrangement is good. Dealing first with the creation of as to the court presuming the rate of interest made upon the office of executor, he next considers who are capable the money to be the ordinary rate-viz., five per cent. — and incapable of being executors or administrators; | must have been referring to interest upon trust moneys renunciation by executors; devolution of the office of employed in trade. If Mr. Walker had also referred executor, and grants of probate. He then passes to to the report of the case in the WEEKLY REPORTER letters of administration, which occupy many chapters. (vol. 18, 288), he would have found the key both to Subsequently he treats of the powers, duties, and liabili. this question of the employment of trust funds in trade ties of executors and administrators; their accounts and and to Lord Justice Giffard's perplexing observations as indemnity, and the close of the office of executor or reported in the Law Reports. What the Lord Justice administrator; and the concluding chapter deals with really said was that “if an executor has made use of the executor de son tort.

the money in trade, he must be presumed to have made The extent of the subject is sufficiently indicated by five per cent." this bare outline of the leading divisions adopted, and This reproduction of head-notes, without regard to the it is not at all surprising that in compressing it into a question of whether they accurately represent the large type volume of only 272 pages (excluding appendix doctrine laid down in the case, is, by no means, confined and index) the author should have been compelled to to the instances we have cited. On the next page deal rather cursorily with many branches of the subject, (p. 230) we are told that “the court will not charge an not merely of historical or antiquarian interest, but of executor who has been guilty of delay in accounting with great practical utility. As fair warning is given, both by interest on arrears of income unpaid by him.” This is the title of the look and in the preface, of the intention exactly what the reporter says in his head-note to Blogg of the author to treat his subject compendiously, no V. Johnson (L. R. 2 Ch. 225). But what did Lord reasonable exception can be taken to brevity, provided Chelmsford say in that case ? Why, that it is “imthe reader is furnished with all the points of importance material how the sum (which has been retained by the connected with the subject. It is sometimes possible to executor uninvested] has arisen, whether from a legacy, state, in a few words, the result of much consideration or a distributive share, or a residue, or the arrears of and extensive knowledge. Mr. Walker's brevity is, too income. In the latter case the claim for interest is not often, not of this type. For instance, the important made on account of the arrears, but for the improper keepsubject of charging executors with interest on balances ing back of a sum of money, from whatever source derived, unnecessarily retained uninvested, is disposed of in a which the executor or the trustee ought to have paid page and a half. We defy anyone, however accurate and extensive may be his acquaintance with the cases, | These are instances of too hasty consideration of cases, to condense within this compass the rules which have and they might be greatly multiplied. But there are been laid down on this difficult and obscure question so worse favlts in the book. On p. 233 Mr. Walker says as to furnish an outline of any practical value. We regret that “an executor in India is entitled here, out of deferto say that the outline given in this book is neither com. i ence to the practice of the Indian courts, to a commisplete nor accurate. As regards completeness, it is only sion of five per cent, on all assets of a testator collected necessary to say that all the information vouchsafed by him there." It would appear that Mr. Walker is as to the question of when compound interest will not aware of the alteration effected in the Indian law by be charged is contained in about two lines on p. Act 2 of 1874, under which Administrators-General of 229. As regards accuracy, we may refer to these two Bengal, Madras, and Bombay are appointed, and which lines as an illustration. They state that “compound provides (by section 56) that no other person than the interest will only be given against an accounting party Administrator-General shall receive or retain any comwhen he has employed money in business.” Surely the mission or agency charges for anything done as executor author cannot be unaware of the cases in which it has or administrator under any probate or letters of adminisbeen held that compound interest will be charged against tion granted by the High Courts or district courts. It a trustee or executor who, notwithstanding an express cannot be doubted that, as the practice of the Court of direction in the will to accumulate the income, keeps Chancery in allowing a commission of five per cent. to an trust funds in hand without endeavouring to invest executor in India was expressly based on the abolished them-cases which were recognized by Lord Selborne in practice of the Indian courts, the commission will no Ygse v. Foster (23 W. R. 355, L. R. 7 H. L., at p. 346). longer be allowed by the Chancery Division. Attention

over.”

was drawn to the maiter in an article in this journal | Similar particulars are given, with equal clearness, as to two years ago, and the Administrator. General of the modo to be adopted in France, Belgium, and Holland; Bengal did us the honour to enclose our article and subsequently some interesting details are added as to the Secretary of the Government of India, with to the process adopted to discover the whereabouts of a & letter requesting that the advice of the law fugitive criminal from a foreign country who is supposed officers shoulā be obtained as to the illegality of the to be within the jurisdiction of the metropolitan police. practice of executors and administrators in India re The Director, we are told, transmits warning by teleceiving any commission on the assets collected by them. graph to all the divisions of police; this is accomplished The opinion of the Advocate-General was obtained, and in a quarter of an hour. There is in operation a system of entirely accorded with our view; and in compliance with sending wood engravings of the portrait of the criminal his recommendation, a copy of the correspondence was to all the police stations in the United Kingdom ; and sent to the Secretary of State for India, with a request the Director says that this plan has been found to be that he would bring the matter to the notice of the quite as effective as photography, more rapid, and less Chancery Division of the High Court in any case which costly. The specimens of wood-cut portraits given in might arise as to the allowance of commission to private the book are certainly very characteristic. As the Direcpersons administering estates in India.

tor remarks, when 40,000 police agents are furnished We might add other instances of inaccuracies which with the criminal's portrait, it becomes almost impossible we have observed in Mr. Walker's book, but the for him to escape from justice. In the appendix to the task is not an agreeable one. We cannot commend the work all the extradition treaties are given in full. work as very reliable, but it may be useful as giving references to a large number of recent cases, and as a manual in which to note up fresh cases.

NURSERY RHYMES FOR LEGAL BABES.

LEADING CASES Made Easy: A SELECTION OF LEADING EXTRADITION PROCEDURE.

CASES IN THE COMMON LAW, WITH Notes. By W.

SHIRLEY SHIRLEY, Barrister-at-Law. Stevens & Sons. PROCEDURE D'EXTRADITION ET RESUME DES TRAITES ACTUELLEMENT EN VIGUER, CONCLUS PAR LE GOUVERN

Mr. Shirley seeks to arrest the attention of law

students by tickling their fancy. By way of rendering MENT DE SA MAJESTE BRITANNIQUE PAR LA FRANCE ET LA BELGIQUE AVEC LES AUTRES PUISSANCES. Par 0. E.

the study of the law “less dry and repulsive," he makes HOWARD VINCENT. Hachette & Cie.

his statement of cases facetious and familiar. For

instance, he gives Burkmire v. Darnell as follows: The origin of this manual is given in the preface, which, like the rest of the book, is in French. It appears

"Lightfinger wanted somebody to lend him a horse ; but that the Home Secretary recently asked the Director of

who would lend Lightfinger a borse ? He was so suspicious

a character that everybody he applied to remarked “Walker," Criminal Investigations to prepare for the police authorities

which he thought not a particularly appropriate reply to one in the United Kingdom a circular explaining the pro who aspired to be a rider. At last be got the weak side of cedure in case of a demand for extradition made to them

one Darnell, who bed no horses himself, but knew some by, or made by them from, a foreign Government. In persons who had. To one of these persons, named Burkmire, consequence of representations which have been made of Darnell went, and with many expressions of confidence the value to foreign nations of a translation of this undertook to be responeible for Lightfinger's bringing safely circular, the Home Secretary has authorized its publica back any horse that Burkmire might intrust with him. On the tion in French. The first part of the book contains an faith of this undertaking-a verbal one, of course-Barkmire extremely concise and clear account of the procedure let Lightfinger have one of the best horses in his stable, and to obtain extradition of a fugitive in the United King

that gentleman rode away, and as there were neither railways, dom, with forms of orders. We have rarely met with a

nor telegraphs, nor police in 1700, neither he nor the horse

were e better set of practical instructions. Take, for instance,

er heard of again. This being the state of the game,

Burkmire played the only card that was left him: he sued the statement of the three questions which arise with

the surety. This card, however, did not prove the trump reference to the crime in respect of which extradition is

| he anticipated. He found to his cost that he ought to have demanded. Is the crime alleged of a political nature ?

taken Darnell's promise in writing. The Statute of Frauds Is it, according to English legislation, one for which says that 'a promise to answer for the debt, default, or extradition can be demanded ? And would the evidence | miscarriage of another person 'must be in writing, and it was of guilt furnished in support of the demand for extradi precisely that promise which Darnell bad made by word of tion justify the sending of the accused before a jury, if mouth. So he went away a sadder and a wiser man.” the crime alleged had been committed in England ?

We suppose there must be law students who find Each of these questions is carefully discussed, and upon

it easier to remember cases done up in the style of Joe the last Mr. Vincent says:

Miller than cases as stated in Smith's Leading Cases ; if “Pour cette question il est à remarquer que le sys.

so, Mr. Shirley will earn the position of a benefactor to tème anglais diffère complètement de celui qui est

the race. We confess, however, that we prefer his notes, adopté en France et en Belgique. Dans ces deux pays,

which are often sensible and shrewd. l'examen effectué, soit par l'administration, soit par le pouvoir judiciare, porte seulement sur le point de savoir si le prévenu est régulièrement poursuivi dans le pays

PARTNERSHIP. requérant; la question de culpabilité est laissée en dehors de la cause, et l'accusé n'a point à se défendre

A DIGEST OF THE LAW OF PARTNERSHIP. By FREDERICK d'avoir commis l'infraction qui lui est imputée. Dans

POLLOCK, Barrister-at-Law. SECOND EDITION. Stevens la Grande-Bretagne, au contraire, l'examen porte sur le

& Sons. fond même du procès criminel. Le tribunal apprécie We are glad to see a new edition of this carefully and les preuves de culpabilité fournies à l'appui de la de skilfully constructed Digest. Mr. Pollock has added, in mande. Il exerce un jurisdiction semblable à celle qui an appendix, the Partnership Bill of last session as est attribuée, en France, à la Chambre des mises en ac amended in Committee, which he says obtained the cusation de la Cour d'appel; comme elle, il examine s'il general, though unofficial, approval of the Board of existe contre le prévenu des preuves ou des indices d'un Trade. The recent decisions have been added to the crime prévu par la loi, et si ces preuves et ces indices Digest, among them being, of course, the decisions on sont assez graves pour que la mise en accusation soit Bovill's Act. We are a little surprised that Mr. Pollock prononcée. Mais, à l'inverse de la chambre française des should have contented himself with a simple statement mises en accusation, le tribunal anglais juge en audience of the facts in Pooley v. Driver and Ex parte Delhasse, publique, et après avoir entendu le prévenu et les témoins by way of “illustrations" to section 1 of the Act, without cités par le défense et par l'accusation.'

pointing out (except as to the necessity for signature of the " contract in writing") the effect of those decisions sion of rent, and the clause on this subject is one I have upon the construction of the Act. For instance, it would certainly never seen used. That the books are no guides be desirable for the reader to know that the money must to solicitors in settling a draft lease on behalf of an not be advanced for the purposes of the business, but as intending tenant is shown by the great difference there a personal loan to the trader. And we think that an is in the clauses they use for this purpose, each solicitor outline of the provisions which may be safely stipulated apparently having a clause of his own framing. The for by the lender ander the Act would have been more forms of house leases want revising, and the editors of the valuable than the mere statement of the facts of the various collections should, in revising them, bear in mind cases. As regards other parts of the book, we have no that the tenant almost always objects (1) to repair the reason to qualify the praise we bestowed on the first | main timbers, walls, roof, and outside parts; (2) to edition.

make good damage caused by fire, tempest, or accident;

(3) to insure ; and (4) to pay rent during the time occuBANKRUPTCY.

pied in repairing. That all these matters are thrown on

the tenant in the stock forms is a cause of considerable THE PRINCIPLES OF BANKRUPTCY, WITH AN APPENDIX

annoyance and trouble to solicitors acting for lessees. CONTAINING THE GENERAL RULES, 1870, 1871, 1873,

I have often thought how much better the wants of AND 1878; A SCALE OF Costs, AND THE BILLS OF SALE

solicitors were supplied years ago by Bythewood's ConAct, 1878. By RICHARD RINGWOOD, Barrister-at-Law. veyancing—a perfect mine, whether as regards forms, Stevens & Haynes.

or the law bearing thereon. In these days we have We have delayed too long our notice of this useful nothing at all approaching it for general usefulness. little book. In about a hundred pages Mr. Ringwood Extensive as the work was, Sweet's Index afforded a gives a well-arranged summary of bankruptcy law, ready means of finding anything the book contained. referring to the leading cases. The work may, with The work was, I suspect, killed by Davidson's Conveyadvantage, be placed in the hands of students before ancing-which, however, does not cover nearly the same they undertake their Robson. The index appears to need ground-and it is probably too late to hope that any new some amendment; we fail, for instance, to find any head edition will be published. In the absence of such an ** Distress for Rent." The Bills of Sale Act, 1878, is edition the new work, “Key and Elphinstone's Consummarized in the text, and given in full in an appendix. veyancing," may readily be made of considerable value

to the profession. It contains a very large collection of

forms, but many additions will be required before it can EMPLOYERS' LIABILITY ACT, 1880.

take the place of the collections at present in use; some THE EMPLOYERS' LIABILITY ACT, 1880. By HORACE additional forms being required under such head

SMITH, Esq., Barrister-at-Law. Stevens & Sons. ings as Agreements, Conveyances, Leases, Mortgages, This little pamphlet is published by way of supplement

and Settlements. It would add very considerably to the to Mr. Horace Smith's treatise on the Law of Negligence,

value of the work for practical purposes if more notes which we noticed a short time ago. The introduction

could be given. A reference under each form to similar contains some useful hints to anyone entering upon the

forms to be found in other collections, and to the law perasal of the text of the statute. Mr. Smith calls bearing on the forms, would be a most useful addition. attention to the very curious phraseology employed in The space thus occupied would be very little, and the various parts of the Act, but he very wisely refrains from saving of time very great. Personally, I am accustomed expressing a decided opinion as to the solution which to consult several forms, if they can be found, before may be hereafter given by the courts to the verbal settling & draft, and the time occupied in searching enigmas propounded by the Legislature in some of the could generally be better employed. As regards the sections.

notes on the law, I suppose most men turn to the form book to ascertain whether it gives a note of cases bearing on the form. I do, and should think my book much

more valuable if, for instance, under the covenant in a CORRESPONDENCE.

lease not to “ do any act which may be a nuisance, annoyance, &c.," a note was given from which I could

gather what meaning had, by decision, been given to THE SHORT-COMINGS OF COLLECTIONS OF

these words—and so under other forms. These additions CONVEYANCING PRECEDENTS.

would not be difficult to make, and there could be no [To the Editor of the Solicitors' Journal.]

doubt as to their value. Sir --Perhaps you will permit me to make some re. Of one class of forms the books seem to have taken marks on the above subject generally. The observations little notice-I refer to those relating to perpetual rentof yourself, at p. 41, and your correspondent, at p. 46, charges reserved on conveyances of building land, related to leases only, and observations on the same common in several counties. Following the custom in subject were made by correspondents in one or more other counties of creating ground-rents and improved numbers of the last volume. The reason why so few rents, the first owner sells the land in consideration of forms of leases have hitherto been given is stated, I a rent. charge, and the purchaser re-sells in consideration think in Martin's Conveyancing, to be that drafts of of second or improved rent-charges, payable to him. this class do not generally find their way into a convey- self. The land and the rent-charges become the subject ancer's chambers. Few forms were given in that collec- of conveyance, mortgage, settlement, &c., and of course tion, and in the 2nd edition of vol. 5, part 1, of Davidson's require suitable conveyancing forms. Having regard to Conveyancing founded thereon, but in the 3rd edition of the large extent of land subject to these rent.charges, Davidson the number is increased ; and there is a fair and to the increasing number of the districts in which number given in Key and Elphinstone's Conveyancing; this mode of dealing with land is becoming common, it but in no work with which I am acquainted is there a might reasonably have been expected that the standard good form of house lease, fair as between both landlord books of forms would have supplied the wants of soliand tenant. The forms in Davidson are, I think, all citors in these districts, but the fact is otherwise, and landlord's leases, and I venture to think no solicitor, “office forms" have to be used, with their attendant acting for a lessee, would approve such forms; they disadvantages. It is true that Prideaux's Conveyancing require modifying as to repairs, damage by fire and contains some forms of the class referred to--more, in accidents and suspension of rent. In these respects, fact, than any other work-but the collection is not one form in Prideaux's Conveyancing is more favourable complete. If Messrs. Key and Elphinstone would to the lessee, and in Key and Elphinstone there are supply this want, they would add still further to the suitable variations, except in the matter of the suspen- utility of their work.

COUNTRY SOLICITOR.

« PreviousContinue »