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LAWRANCE, J.-This appears to me to be a case of inadvertence, and I | Co. had in their turn by a similar document transferred the goods to the think the relief asked ought to be granted.
order of Tomlinson “carriage forward," the defendants had ceased to be RIDLBY, J.-I am of the same opinion.-COUNSEL, Lacey Smith. liable to the plaintiffs for the cost of carriage. It was said that the SOLICITOR, R. H. Tatley.
railway company had accepted first Ward & Co., and then Tomlinson, as [Reported by ERSKINE REID Barrister-at-Law.]
the consignees ; that there was consequently a novation, and that the only
person liable to the plaintiffs was Tomlinson, the ultimate consignee. It REG. V. ROSE. C. C. R. 5th Feb.
lay on the defendants to make good that position ; for prima facie the CRIMINAL LAW-CONFESSION OF PRISONER-ADMISSIBILITY.
plaintiffs were entitled to make the defendants liable on the contract.
The documents which had been produced might be regarded, in one view, Case stated by the chairman of the Norfolk Quarter Sessions. The as putting the one person in the place of the other. That was the prisoner, who was employed by a farmer in the management of his farm, foundation of the defendants' argument. The documents were, however, was charged with having stolen certain sheep, poultry, corn, chaff, and capable of the construction that the new consignees, Ward & Co. and grass seeds, the property of his employer. In his evidence at the trial on Tomlinson, though they were accepted by the company as consignees, the 12th of January the employer stated that, having reason to suspect the were added as it were to the original consignees. The company might prisoner, he taxed him with the theft. It appeared that with regard to have a right to treat all three as liable for the carriage, or only one. The some of the stolen articles, the prisoner confessed voluntarily and without question was, Which was the right view? His lordship was of any inducement or threat being held out by any person in authority. opinion that, in the absence of more conclusive documents, the Upon this he was pressed to make a clean breast as to the other matters. company could not be treated as having given up their claims against As to this the case stated : “ On cross-examination the prosecutor the defendants merely because they had accepted transfer admitted that when he asked the prisoner about the corn he might have note which said, “Please deliver to So and So, carriage forward.” said, 'You had better tell me about all the corn that is gone, and he The order did not go on to say that the person named was to be the further stated that he would not swear that he did not induce the prisoner only person whom the company were to accept, and there was no to confess about the corn." The nephew of the prosecutor, who was document from the company which did say so. It was quite true present at the interview, said that the prosecutor then “asked Rose to that if the company did deliver to Tomlinson “carriage forward," speak the truth, and said it would be better for him if he did so." The the document would be a complete protection to the company, if it prisoner was convicted and sentenced to two months' imprisonment and afterwards turned out that there was any dispute between the defenbail was refused; bail was also refused by the committing magistrate on dants and Ward & Co. as to who was entitled to the goods, and it was the 17th of November, since which time the prisoner had been in gaol. therefore to be observed that the document might be accounted for in
The Court (Lord RUSSELL OF KıllowEN, C.J., and HAWKINS, MATHEW, that way, that it was a protection note to the company, giving them LAWRANCE, and WRIGHT, JJ.) quashed the conviction.
authority to deliver to a person other than the original consignee. The
authorities seemed to establish that in cases of novation there must be a Lord RUSSELL OF KILLOWEN, C.J., after stating the facts, said that, clear acceptance of the new party to the contract. A mere dealing with assuming that the statement made by the prisoner was made under circumstances which prevented it being given in evidence as a voluntary original party to the contract, was not sufficient.
a new person in such a way as to make him liable, in addition to the
An iotention must be confession, the question arose as to what course the presiding magistrate shewn to accept the one in lieu of the other. His lordship did not think ought to take. It was easier to say what he ought not to do than to the company had done that. They had no doubt written by their agent; define exactly what he should do. One thing was clear, and that was that he ought not to allow the whole of the evidence to go to the jury; That was not enough. They did not say,
"I presume I am to apply to Mr. Tomlinson for the carriage charges.'
“ We accept Tomlinson instead Whether he ought to content himself with striking out the evidence and of the defendants."
The company did apply to Tomlinson, but he failed telling the jury to disregard it or whether he ought to discharge the jury to pay. Then they applied to Ward & Co. with a like result. In his and impanel a fresh one was not a matter which was now before the lordship's opinion something more than an application such as that was court. "At any rate, it was clearly wrong to admit it all. The question, necessary to discharge the defendants. The defendants were therefore however, was whether the evidence in this case was such as ought to have liable to the plaintiffs in this action, but they were entitled to be in dem been left to the jury or not. It was the opinion of the court that the nified by the third parties, without prejudice to any rights which the third evidence was not such as ought to have been left to the jury. The rule parties might have over against Tomlinson. Judgment for the plaintiffs. was a very old one that a confession of a prisoner in order to be admissible - COUNSEL, Acland; Clavell Salter ; Moyses. SOLICITORS, Bircham & Co.; must be free and voluntary. If it be said to him that it will be better or
C. G. Scott; Coote of Co. worse for him if he do or do not confess the confession was not admissible : East's Pleas of the Crown, vol. 2, 659; Reg. V. Baldry (21 L. J. M. C.
[Reported by F. O, ROBINSON, Barrister-at-Law.] 130); Reg. v. Jervis (1 C. C. R. 96); and Reg. v. Thompson (1893, 2 Q. B. 12). Counsel and solicitors conducting prosecutions should remember that a confession by a prisoner before it could be put in evidence must be affirmatively proved to have been made voluntarily, and they should be
LAW SOCIETIES. careful to make sure of their position in this respect when confessions of guilt formed part of the evidence on which they relied. Lastly, he
THE GENERAL COUNCIL OF THE BAR. thought it was a great pity that bail had not been originally accepted in FURTHER REPORT ON THE CONDUCT OF Civil BUSINESS IN THE QUEEN'S this case by the magistrates, and it was a greater pity that that was not
Bench Division. done by the quarter sessions when the case was reserved for this court. Bail was not intended to be punitive, but only to secure the attendance
The General Council of the Bar have had under their consideration the of the prisoner at the trial. Conviction quashed. COUNSEL, Ernest E. report of the Legal Procedure Committee of the Incorporated Law Society Wild, SOLICITOR, W. A. Watts, Huntingdon. The Crown was not repre- (adopted by the Council of that society on the 21st of January last) on the sented.
recommendations of the Bar Council contained in their report dated the (Reported by T. R. C. Dill, Barrister-at-Law.]
5th of August, 1897. The Bar Council are glad to notice that the Council
of the Incorporated Law Society agree entirely in all the allegations LONDON AND SOUTH-WESTERN RAILWAY CO. AND GREAT formulated in the report of the Bar Council against the present method of
NORTHERN RAILWAY CO. w. BISHOP, PRATT, & co. WARD & Co. procedure in the Queen's Bench Division, and substantially concur in the (Third Parties). Ridley, J. 29th Jan.
conclusions and suggestions of the Bar Council. At the time of publicaCONTRACT-CARRIAGE OF Goods-ORDER TO DELIVER TO PERSONS OTHER
tion the report of the Bar Council was received with marked professional THAN ORIGINAL CONSIGNEE—Cost or CARRIAGE-NOVATION.
approval and attracted much public attention. Under these circumstances
the Bar Council desire to express their regret that no steps have been This was an action tried before Ridley, J., without a jury. The plain- taken by the authorities to give effect to the recommendations contained tiffs claimed £44 58. for the carriage of bricks from Newark to Twicken in that report. A cursory examination of the circuit paper for the current ham. The defendants had a contract to supply some bricks to Ward & winter assizes and the Hilary sittings paper for London will show that the Co., builders' merchants. The bricks were ordered by the defendants arrangements overlap and conflict in such a way as to prevent the confrom a firm at Newark, who consigned them, marked "carriage forward,” | tinuous sittings of an adequate number of courts in London, whilst for a to the defendants at Twickenham Station. On the arrival of the bricks portion of the sittings no provision at all is made for a judge to sit in the at Twickenham Station the defendants gave an order to the London and Commercial Court or at judges' chambers. The Bar Council would point South-Western Railway Co. to transfer the bricks “carriage forward” to out that the arrears of business in the division appear to be steadily Ward & Co. Subsequently Ward & Co. gave a similar order for the increasing. At the commencement of the Trinity sittinge, 1897, the numtransfer of the bricks to one Tomlinson. The railway company delivered ber of casues and matters for trial was about 792, whilst at the commencethe bricks to Tomlinson, but he failed to pay the carriage. The railway ment of the Hilary sittings, 1898, the number was about 987, and the companies now brought this action against the original consignees. opinion is expressed in the report of the Incorporated Law Society that Leave was given to the defendants to bring in Ward & Co. as third not only is the business now increasing but must go on increasing. parties. It was contended for the defendants that there had been a Nothing, however, has been done by the appointment of commissioners to novation, for the railway company had treated Ward & Co. as the owners go on circuit or otherwise to relieve the judges, whereas judges required of the bricks; iu the alternative the defendants were entitled to an to be in town as arranged have been unexpectedly taken away from Lonindemnity from Ward & Co. On behalf of Ward & Co. it was argued don to supply accidental vacancies on circuit. The Bar Council especially that if they were liable to indemnify the defendants, they were in turn refer to Mr. Justice Channell, called away to fill the place of the late entitled to be indemnified by Tomlinson.
Baron Pollock upon the South-Eastern circuit during his illness, to Mr. RIDLEY, J., said that in his opinion the defendants, who were the Justice Bruce going to assist Mr. Justice Wills at Lancaster, and to Mr. original consignees of the bricks, were liable to the plaintiffs for the cost Justice Ridley taking the place of Mr. Justice Darling at Guildford. of carriage from Newark to Twickenham. The defendants' contention whilst acknowledging that substantial progress has been made with the was that by reason of the fact that the defendants had ordered the goods work during the past month the Bar Council would again emphatically to be transferred "carriage forward" to Ward & Co., and that Ward & express their conviction that the present staff of judges of the Queen's
Bench Division is not sufficient to meet the requirements of London and your society protested against the rules, and they were withdrawn. the circuits contemporaneously (that is to say, almost throughout the legal Further rules have been drafted and have been considered by your comyear) and to provide for the accidents of illness and other contingencies mittee. Such rules are an improvement upon those previously issued, but which from time to time remove judges from active work The Bar your committee are of opinion that they might with advantage be Council would call particular attention to the suggestion of the Incor- further altered so as to allow plaintiffs to enter plaints within the district porated Law Society for the appointment of a master of the lists whose in which the cause of action in whole or part arises in cases where more duty it should be to arrange and group causes in particular courts, and to than one application has been made to the defendant without any denial their unanimous recommendation for the total abolition of Divisional of liability. A resolution to this effect has been forwarded to the Incor. Courts.
porated Law Society. Feb. 7.
UNITED LAW SOCIETY.
Feb. 7-Mr. C. W. Williams in the chair.-After the transaction of
private business, Mr. P. H. Edwards moved : “That_the decision of the The annual general meeting was held at the Law Library, Worcester, on Court of Appeal in Hunt v. Hunt (67 L. J.R., Q. B. D. 18) was right." the 31st of January. The members present were : Messrs. F. R. Jeffery Mr. J. W. Weigall opposed. The debate was continued by Medbrs. (president), F. Corbett, J. H. Yonge, T. G. Hyde, W. P. Hughes, E. A. J. F. W. Galbraith, W.J. Boycott, A. W. Sells, and Neville Tebbutt. Davis, T. R. Quarrell, R. A. Essex, H. March, W. T. Curtler, T. H. Mr. P. H. Edwards replied. The motion was carried by one vote. Gallaber, A. E. Lord, G. F. S. Brown, J. Stallard, jun., A. A. Maund, T. G. Dobbs, S. B. Garrard (honorary treasurer), and W. B. Hulme (honorary secretary).
SOLICITORS' BENEVOLENT ASSOCIATION. The report of the committee and the bonorary treasurer's accounts for the past year were received and adopted, and the following officers of the
The usual monthly meeting of the board of directors of this association society were re-elected for the ensuing year-namely: President, Mr. F.
was held at the Law Institution, Chancery-lane, London, on the 9th of R. Jeffery ; vice-president, Mr. W. W. A. Tree; honorary treasurer, Mr.
February, Mr. Henry Morten Cotton in the chair. The other directors S. B. Garrard ; and honorary secretary, Mr. W. B. Hulme.
present being : Messrs. W. F. Blandy (Reading), William Geare, Samuel Messrs. T. Southall, F. Corbett, E. A. Davis, J. H. Yonge, and A. J.
Harris (Leicester), Augustus Helder, M.P. (Whitehaven), Richard Beauchamp were re-elected members of the committee, in addition to the
Pennington, J.P., Sidney Smith, Richard W. Tweedie, F. T."Woolbert, officers of the society, and Messrs. G. F. S. Brown and W. T. Curtler
and J. Ť. Scott (secretary). It was announced that the anniversary dinner were re-appointed auditors.
of the association had been fixed for Wednesday, the 15th of June, at the Whitehall Rooms, Hôtel Métropole, when Joseph Addison, Esq., had
consented to preside. A sum of £476 103. was distributed in grants of The following are extracts from the report of the committee :
relief, eight new members were admitted to the association, and other Members. The society, now consists of fifty-four members and seven general business transacted. subscribers, as compared with fifty-two members and eight subscribers at the end of last year.
Land Transfer Act, 1897.-A Bill drawn, meeting many of the objections to previous Bills, was introduced in the House of Commons last session. It was not opposed by the Incorporated Law Society and in due course it
LAW STUDENTS' JOURNAL. became law. Your committee, whilst recognizing the important modifi. cations and alterations in the Bill as compared with the Bills previously
INCORPORATED LAW SOCIETY. introduced, deprecated its making the registration of titles compulsory,
FINAL EXAMINATION. and advocated the consolidation of the law, and passed a resolution to that effect which was in due course forwarded to the Incorporated Law
The following candidates (whose names are in alphabetical order) were Society. The Act as passed provides that the experiment of compulsory
successful at the Final Examination held on the 17th and 18th January, registration shall, in the first instance, be confined to the whole or part of 1898 : one county, the county council of which is willing to adopt the Act, Adgie, John
Glanley, Ernest David The desirability of the adoption of the Act in the county of Worcester Allen, Ernest
Glover, Alfred Ernest came up before the county council in September last, and was referred to Badham, Lewis George
Guedalla, Jacob the General Purposes Committee of the council for consideration. Your Baker, Harold
Gunn, Herbert Oswald, B.A. committee thereupon passed a resolution to the effect that opposition to Baker, Hugh Bernard
Hadfield, Ernest the Act by the profession was withheld upon the ground of its experi Bates, Ernest Lionel
Hand, Thomas mental character, and suggesting that it should not be tried in the county Beach, Ellis Hicks
Hanne, Herbert Curtis Lee of Worcester until it had been first tried in some other district, and found Beach, Henry Granville
Harris, Sydney Edmund to be for the good of the community. It is understood that subject to Benson, Ralph Herbert, M.A., Hartland, Linton Sidney the approval of the courty council of London, the Act will first be tried in B.O.L.
Henning, Edward Nares, B.A. the county of London, or a part thereof, a pledge to that effect having Blewitt, Matthew Clive
Henriques, Ralph Quixana been given when the Act was passed. The committee are of opinion that Bowman, John Broughton
Hind, Robert Barrow the provisions of the Act as to the registration of the title to land, will Bradford, William James
Hodgson, George Edgar, B.A. not, when tried, prove to be to the advantage of the public. In the Brierley, George Herbert
Hollebone, Oswald Frederick, B.A. meantime, in order to render such provisions still more unnecessary, your | Brigg, William Anderton
Holt, Arthur committee feel that the profession should do their best to promote and Butterfield, Frank Wildman Hunt, Walter John secure the passing of all such well-considered amendments of real property Capel, Ernest Amphlett
Jenkins, Ralph Percival law as will tend to simplify conveyancing. That part of the Act estab. Cleaver, Harry Reginald
Jennings, Thomas lishing a real representative is of much importance and will require the Cooper, Charles D'Ogley, B.A. Johnstone, Leopold Foster careful attention of practitioners. It came into operation on the 1st of Cornock, David Stroud
Jones, Aneurin January, 1898.
Cottier, Charles Edward
Jones, John Eustace Stamping debentures. It has been decided in the case of Rowell v. Com- Cox, Thomas Berridge
King, Hugh John missioners of Inland Revenue (2 Q. B. 423), that where there is an obligation Crerar, Alfred
Kite, Edward Bagebot to redeem debentures at a premium, the debentures must be stamped to Cresswell, William Warneford Leach, Basil cover the premium as well as the amount secured. This does not apply Crisp, Jobn Wilson
Leonard, Harry to a mere option to redeem. The Inland Revenue have expressed their Crombie, Norman Thompson Lermitte, Claude Sutton willingness to allow companies to pay the additional duty against a receipt Crook, Algernon
Lewis, Evan David, B.A. specifying the debentures covered by the payment, and the debentures Darch, Francis William
Lewis, James Hubert will, on production, be stamped without penalty.
Lockett, George Gordon Trustee solicitor's costs. It is understood that, as a result of communi. De Frece, Alfred
Lowenthal, Sidney, B.A. cations which have passed between a member of the Liverpool Law Dixon, Clive Fletcher
Luxmore, Launcelot Alfred, B.A. Society and the Controller of Inland Revenue no claims will be made for Druce, Francis, B.A.
McLellan, John Stuart legacy duty on the proper costs of solicitor trustees who have express Dyson, William Ellis
Maidment, Leonard Rodolph power under the will to make the usual professional charges. In con Eastley, John Beckley
Manks, George Henry nection with these costs, it may be noted that a solicitor trustee who Ellis, Ernest Haughton Radcliffe, Marchant, William Augustus defends a creditor's action where the testator's estate is insolvent is not B.A.
Marquis, Robert entitled to his profit costs (Re White, Purnell v. Franklin, SOLICITORS' Evans, Richard William Picton Mather, Charles Leonard JOURNAL, Jan. 22, 1898).
Evans, Thomas Henry Royston Maudling, George Terry Receipts for deposits on contracts for sale. The result of a correspondence Everett, Isaac Arthur Huskisson, Mesd, Philip Clement with the Controller of Inland Revenue has been to elicit the opinion that B.A.
Meade, Francis Henry, B A. where the receipt for the deposit on a contract for sale is in effect distinct Everitt, Clement
Meaden, Louis from the contract itself, and is signed by the person receiving the money Ferens, John Johnson Tiil
Minton-Senhouse, Alfred Darby as stakeholder," it must be stamped with the duty of one penny. The Findlay, John, B.A.
Morris, Percival Darter society's form of contract comes within this rule.
Franckeiss, John Henry
Mumford, Guy Tallent County Court Rules.-In March last new rules were issued which, in the Freeman, Bertram Seyntoler Newey, Edwin opinion of your committee, in common with that of most of the societies Frith, William Alfred
Newman. Joseph Harker throughout the kingdom, were calculated to harass and delay plaintiffs in Gatey, George
O'Donnell, Patrick Michael the recovery of their just demands. In conjunction with such societies Glaisyer, John
Ord, William Henry
Owen, Fearnley Wells, B.A. Taylor, Stafford, B.A.
Anderson.-The subject for debate was: “That the case of Fielding $ Co. Owen, Reginald John Taylor, Walter Elderidge
v. Corry and Others (L. J. Q. B., 1898, p. 7) was wrongly decided.” Mr. Parry, Alfred Ivor Teek, Henry Comer, B.A.
W. S. Fitton opened, and Mr. A. W. Watson seconded, in the affirmative; Peel, John Douglas, B.A. Tucker, Robert Ernest
and Mr. A Simon opened, and Mr. R. A. Gordon seconded, in the Phillips, John Lewis
Turner, Henry Hawkins, B.A. negative. The following members also spoke : Messrs A. Baker, W. B. Pritchard, Herbert Arthur
Upton, Archer Mowbray, B.A. King, F. S. Gaylor, A. Jolly, J. H. Bate, J. S. Wilkinson, A. W. Sells, Pumfrey, Henry Vincent, Charles Worsley
N. Tebbutt, and A. E. Clarke. The motion was carried by the casting Punchard, James Septimus Vulliamy, Lionel Hastings
vote of the chairman. There were forty-three members present, and two Pyke, Manuel Castello
Ware, Francis Henry, B.A., LL.B. visitors.
Feb. 8.-Chairman, Mr. Rupert Blagden.--The subject for debate was ::
“Impromptu Debates." Richards, Martin Rees
Whittingham, Joseph Parton
THE GREAT SEAL.
Wightman, Henry Worthington The February number of the Pall Mall Magazine contains the conclusion
of two interesting articles on the history of the Great Seal. In the course Sewell, Hubert Woodville, B.A. Williams, Arthur John
of the article the writer says that prominent amongst the many adventures: Shaw, Frederic John Williams, Daniel
of Great Seals is that which befel the first Seal of George III., held by Shaw, John Vincent Williams, Frederick George
Lord Thurlow. Lord Campbell narrates that in March, 1784, the GovernShelton, Edward Lyon
Williams, John Larden, B.A. ment decided to dissolve Parliament, and that wbile the necessary preShillitoe, Francis Rickman
Williams, Rowland Charsley parations were being made the metropolis was thrown into consternation Sisson, Frank Windeatt, Francis Knowles
by the vews that the Great Seal had been stolen; and many persons Smith, Hampden Winser, Joseph Croydon
imagined that for want of it all the functions of the executive GovernSpencely, Hugh Despenser Winterbotham, Reginald John ment must be suspended. "The truth was, that very early in the Steel, Thomas Samuel Worth, Edward Lyttleton
morning of the 24th March (1784), some thieves did break into Lord Taylor, Gilbert John Youll, John Harold
Thurlow's house in Great Ormond-street, which then bordered ou Taylor, John Young, George
the country. Coming from the fields, they had jumped over his garden wall, and forcing two bars in the kitchen window, went up a stair to a room adjoining the study. Here they found the Great Seal
two INTERMEDIATE EXAMINATION.
and a small sum of money. With the The following candidates (whose names are in alphabetical order) were whole of this booty they absconded." The thieves were never traced, successful at the Intermediate Examination held on the 19th of January, and a new Seal was ordered on the same day that the burglary occurred. 1898:
Such expedition was used that by noon the following day the new Great Seal Alexander, Ernest Arthur Lake, Francis John Cleverly, B.A.
was finished in a rough fashion, and a special Order in Council was then Almond, Arthur James Lewis, Frederic Gustave, B.A.
made to authorize its use. The fourth seal of George III. also met. Anderson Joseph Baker Linton, James Mitchelson, B.A.
with a strange adventure : “ In the autumn of 1812 the Seal was with Anthony, John Randolph Llewellyn, Frederick
Lord Eldon at his country home at Encombe, when a fire broke out. On Attwood, William Lloyd, Thomas Mitchell
being awakened, Lord Eldon's first thought was the preservation of the Barnes, Harold Douglas Lunn, Robert
Great Seal. He seized it, ran into the garden, and hastily buried it under Beale, John Field, B.A. MacDermott, Edward Terence, B.A.
the mould of one of the flower beds. When now he looked around him. Bell, John Sackville McTurk, John
he saw what he afterwards described as 'a very pretty sight, for all the Booth, Ernest George Mawson, Harry Antony Plevna
maids'had 'turned out of their beds and' by the flickering light of the Boulton, Walter Mountford Middleton, Thomas Henry
flames could be seen standing in ' a line from the water to the fire engine, Briggs, Edgar Frederick Hayward Miller, Edward Morgan
handing buckets.' Lord Eldon was so confused by the whole affair that: Brooks-Hill, Frederick Munro, George Cecil
when in the morning he went to dig up the Great Seal he could not Browne, Bertie Frederick Murphy, James
romember wbere he had buried it. The importance of recovering the Burrows, Sterndale, B.A. Naylor, Arthur Henry
Seal caused him to set all the family at work, aud he subsequently wrote, Cary, Charles Frederick Needham, John Windsor
You never saw anything so ridiculous as seeing the whole family down Church, Frederick Basil Braby Nevile, Edward Farington
that walk, probing and digging till we found it."
George IV. Olarke, Lionel William, B.A. Newbold, Bertram Clarke
had one Seal only, and when William IV. bucceeded him there was some Coburn, Francis Isaacs Newton, Charles Edward
contention as to the disposal of the pieces of the defaced Seal of George. Davies, Hugh Christopher Nicholson, Joseph Arthur
The difficulty came out of the fact that when William's Seal was ordered Dawson, Herbert Milner Nicol, Philip Stewart, B.A.
(August 4th, 1830), Lord Lyndhurst was Chancellor, but when it was Demaine, Hansou Anthoney Parfitt, Aldhelm
finished and ready to take the place of George IV.'s Seal (August 31st, Dickinson, Godfrey Nix, B.A. Poulter, Horatio Orlando
1831), Lord Brougham was Chancellor. Lyndburst claimed the old Seas Donald, Stuart Burton Ram, Francis Robert
on the ground that the transaction must be referred back to the date of Duck, William Birdsall, M.A. Ratcliff, Frederick Rowlinson, B.A.
the order for the new Seal, and that the fruit must therefore be conDuke, Joseph Rawson, John Busfield
sidered as having fallen in his time; while Lord Brougham insisted Edmunds, Frederick William White Read, Alfred William
that the point of time to be regarded was the moment when the old Seal Evans, John bichard Read, Ernest Sabine
ceased to be the clavis regni. The matter was submitted to William IV., Fabey, James Stadden Render, John William
and he--as the Great Seal consists of two parts, the Sral and the CounterFenton, James Marriott Rodwell, William James
seal-gave one part to each Chancellor. Greville, in his Memoirs, gives Fenwick, Edgar Arbuthnot Russell, Arthur
the following account of the incident: “ King William IV. is a queer Fisher, Charles Stanley Russell, Thomas George
fellow. Our Council was principally for a new Great Seal, and to deface Forster, Harold Sewell, Cyril Otto Hudson Hull
the old Seal. The Chancellor Brougham) claims the old one as his perGarle, Henry Ernest Shepherd, Charles Edward
quisite. I had forgotten the hammer, so the King said, 'My Lord, the Gasb, Percy Reginald Frederic Sherwin, Alfred Inman
best thing I can do is to give you the Seal and tell you to take it and do George, John Edward Morgan Smallpiece, Ferdinand William
what you like with it.' The Uhancellor said, 'Sir, I believe there is some Gibson, William Henry Peruzzi Smith, Frederick Bernard, B.A.
doubt whether Lord Lyndhurst ought not to have half of it, as he was Goldie, Robert Henry Smith, Wilfred
Chancellor at the time of your Majesty's accession.', 'Well,' said the Goodman, Geoffry Garland, B.A. Stokes, Alexander Huddleston
King, 'then I will judge between you, like Solomon : here' (turning the Greenbank, William Percy Stuart, William
Seal round and round), now do you cry heads or tails. We all laughed, Greenhalgh. William Witham Swindells, John Robinson
and the Chancellor said, 'Sir, I take the bottom part.' The King opened Gregory, James Langdale Thomas, George Ernest
the two compartments of the Seal, and said, “ Now then I employ you as Harrison, Charles Reginald Thompson, William
Ministers of State. You will send for Bridge, my silversmitb, and desire Hayward, Evan
him to convert the two halves each into a salver, with my arms ou one: Thorn, George Herbert Henderson, Malcolm John Tilly, William
side and yours on the other, and Lord Lyndhurst's the same, and you Hepworth, Charles Bradney Topham, Walter
will take one and give him the other, and both keep them as presents Hett, Francis Paget
from me.' Troup, Arthur Malcolm
The first Seal of Victoria was used from July 18th, Higson, Thomas Atkinson, B.A. Vernède, Charles Oscar
1838, to January 23rd, 1860, and when it was defaced the seal went to Hillis, Thompson, B.A. Walker, James
Lord Campbell. The Chancellor, however, sent one side of the Seal to Hilton, Robert Walker, James Lomas
Lord Chelmsford, his predecessor in offi and his political opponent. The Isherwood, John Bradshaw Wharton, Norman
Eecond Great Seal was in use from January 23rd, 1860, to August 14th, Johnson, Reginald Powell Whitehead, William Hingeston, B.A. 1878, and its design was identical with that of the first seal. Lord Cairns Jones, Harry Charles Davenport Whitwell, Arthur Percy, B.A.
took the pieces, and presented one side to the Earl of Selborne, bis immeJones, Osman Wynne Wise, Louis
diate predecessor in office. The third Great Seal of Queen Victoria is Knight, Albert Vincent Woolf, Benjamin Arthur
identical with the two others, no alteration in the design of any of
Victoria's Seals having been made. It came into use on August 14th LAW STUDENTS' SOCIETIES.
1878. This Great Seal cost £500 to £600, and a year and nine months LAW STUDENTS' DEBATING SoonerY.-Feb. 1.-Chairman, Mr. C. A.
were spent on engiaving it; the Seal is made of silver, and weighs sixty ounces. It is the emblem of sovereignty-the clavis regni—the only
Mr. WILLIAM CHARLES TREVOR, solicitor, of Guisborough and North
instrument by which, on solemn occasions, the will of the Queen can be insurance, banking, mercantile agency, and mercantile usages. Directly an expressed. Absolute faith is universally given to any document purport- action of this kind was commenced application could be made to the judge ing to be under the Great Seal, as having been duly sealed with it by the who was told off to take these cases to transfer it to the commercial list, authority of the Sovereign.
and, at the same time that he did so, the judge gave directions that the points of claim and of defence shall be delivered so that it should be at once apparent what were the matters at issue. The judge also settled whether the case was to be tried by jury or not, and fixed a day for the trial. On
that day, as a general rule, the case would come on. There would, ordinarily, MR. JOHN CUTLER, Q.C., ON THE TRIAL OF be no pleadings, and none of the interlocutory proceedings which involved COMMERCIAL CASES.
so much delay and expense in an ordinary case, although the judge had full
power to allow them to be resorted to if justice required it. Under that At the monthly dinner of the Article Club, held on the 2nd inst., Mr. system it would be seen there must be a great saving of time in bringing a John Cutler, Q.O., in opening the debate on “Commerce and Law," said he commercial case to a termination, and he was told that the average time for rose to do so with many feelings of misgiving. The subject was one of too disposing of a commercial case from the period when it was commenced up to great magnitude for exhaustive treatment in an after-dinner speech. He the obtaining of judgment was about six weeks. That was the usual time, wished at once to say that the speakers who followed would have perfect but in special circumstances, where it was necessary to dispose of a case liberty to speak on any phase of the question which they chose. It would be quicker, the desired result could be obtained in a much shorter period. a waste of time for him to indulge in platitudes as to commerce, or in an He would give them one or two instances of what had been done academic discussion of law, but he would try to state briefly what had in the Commercial Court. The first was case of a charterparty recently been done to bring the law and the administration of it into dispute which arose in March, 1895. The writ was issued and the harmony with the requirements of commerce, and conclude with some action commenced on the 18th of April; it was transferred to the remarks as to what ought to be done in the future to improve the existing Commercial Court on 26th of April; it came on for trial on 7th of May; state of affairs. Before doing so he would justify his action in linking the trial took three days, and was all over on 9th of May; In another case, commerce and the law, because commerce and the law were undisputably there was an action commenced on the Monday before last Christmas, the united in fact. Commerce owed much to the ægis of the law, and legitimate question involved being one of agency. Everything was at a deadlock in commerce could not flourish in any country where there was not a good the business until the question was disposed of, and to make matters worse administration of commercial law and competent tribunals for dealing with the Christmas vacation was close at hand. It was interesting to know that business disputes. But the legal profession also owed much to commerce. that case which began on the Monday was disposed of on Christmas Eve, It was well known that commercial prosperity and legal prosperity four days after it had been commenced. If that were not quick enough advanced hand in hand, and legal depression followed closely in procedure, he would give them another instance. There was a dispute upon the footsteps of commercial depression. He wished to remind the à marine policy. It was very important to save demurrage on the cargo company that England had been for centuries the premier commercial abroad. The writ was issued at one o'clock on Monday, taken to the country of the world, and if it was to remain so those engaged judge who said, “Serve it to-day, and I will hear the case to-morrow at in commerce must not rest on their laurels. He was conscious that 10.30.” He did so, and the decision of the judge went out by the what he was going to say had been said before in weightier words and by Tuesday night's mail. The place where the decision had to go was served abler tongues; but he always thought that the fable of the lion and the by a fortnightly mail, so if it had not gone when it did, there would have mouse afforded great encouragement to everyone who had the welfare and been a considerable amount more of demurrage to pay on the cargo. He prosperity of his country very near to his heart; and though the arguments had shown, he thought, that the proceedings of the Commercial Court he was about to advance had been hammered in a far more effective fashion
were very expeditious. He now wished to point out that the obstruction by others, yet he hoped the tap of his puny hammer might not be without which formerly was a great source of delay was much less possible under the some good results. The day bad gone by when our commercial supremacy new system. He would give an illustration of that. There was an action was envied, but not disputed; we have now in the field of com- brought on a marine policy:
The defence was deviation from one merce powerful and energetic competitors striving to get our trade from us. port in China to another port in China. The log book of the ship The efforts of those competitors up to the present time bad met with a being in China could not be produced, and an order was obtained by certain amount of success, and we could not shut our eyes to the fact. We the defence to stay the proceedings until the log book was produced. must remember, however, that it is necessary for England to strain every The plaintiff then applied to have the case transferred to the Com; nerve to keep well ahead in the race for commercial supremacy. We had to mercial Court, which was done. For the defence attention was called contend not only with the rivalry abroad, but also with difficulties at home. to the order to stay, but the judge decided it was not necessary It was of no use employers of labour attempting to compete with rivals to wait for the log book, as there was a copy of the material entry abroad if they were to be hampered at home by those whom they employed in the log book to be found on the average adjustment, and so there was The country had just seen the termination of the engineers' strike, and the enough material before the court to proceed upon. As a result, the action loss from that strike to employers of labour was one which no amount of was tried and adjudicated upon within fourteen days from its transfer to the statistics could adequately show. The loss to the employed was also very Commercial Court. In the matter of expense the system under consideration great, and one which could scarcely be approximated, but the loss to the was very satisfactory. It saved a great deal costs, particularly by country in driving away trade was incalculable. He must venture to avoiding the interlocutory applications, and the proceedings were rendered express the hope that the lesson of that strike would not be entirely lost. much less complicated, and therefore less expensive. He knew of a case in He hoped that the operatives would specially recognise that by driving trade which some important questions upon tire policies arose. Both sides out of the country they were diminishing the fund from which they drew concurred in submitting the case to the Commercial Court. In the result the
He hoped, also, the working classes would be sufficiently costs of the proceedings amounted to £45 aside, whereas on the old system intelligent to recognise that it they are to successfully compete with the they would have been from £250 to £300. Such was the system briefly workmen of Germany and Belgium they can only do so by putting in their described, and he was sure it only required to be more generally known to best work, and by levelling up instead of levelling down the character of become more generally resorted to. He would give them one more instance twelve years to bring the law and its administration into harmony with the to a commercial dispute, and was advised that he was on the right side and requirements of the commercial community. First, as to the administration ought to bring an action. The client said, "I am not going to bring en become almost treated as an expensive luxury. Commercial men, not know- said, “When would you like it tried ?" The client said he would like it tried ing when their cases were likely to be heard, began to fight very shy of the in a week. courts of law. They would almost submit' to anything, and preferred the but he thought he could ensure its being tried in about three weeks. The
grin and bear it” policy or the clumsy expedient of arbitration action was brought and the case was tried and completely disposed of within to settle their differences. He was happy to say, however, that that three weeks. condition of affairs had passed away. to a large extent. The change was not due to any action of the Legislature, but to a scheme which came into operation about three years ago. Her Majesty's judges of the Queen's Bench Division, on February, 1895, promulgated a scheme for the speedy
LEGAL NEWS. trial of commercial cases. That scheme bad been in operation since March 1st, 1895, and, so far as he had been able to judge, it worked admirably.
APPOINTMENTS. increased, and he believed the number would increase still more if its R. & W.X*5. Gibson, not that town, has been appointed Clerk to the
Mr. WILFRID GIBSON, solicitor, Hexham, senior member of the firm be advantages of the scheme were that it combined cheapness with expedition, he has also been appointed by Sir Edward W. Blackett, Bart., the lord.de and that the parties to actions knew almost to a certainty the exact day on the manor, Steward of the Manors of Henshaw, Melcridge, Ridley, which their cases would come on for trial. Further, they had in the Thorngrafton. Mr. Gibson was admitted Easter, 1871. majority of cases a voice in selecting the date on which a
Mr. Jasper Ginson, LL.B. (Lond.), solicitor, Hexham, junior members to be heard. fectly familiar with the working of the Commercial "Courte scheme of the firm of R. & 'w. & J. Gibson, has been appointed Clerk to the and many, probably, who knew a great deal more about it than the Tyne Salmon Conservancy Board, in succession to his late father, Mr. did. But he ventured, for the benefit those who were unacquainted Richard Gibson. Mr. Jasper Gibson was admitted February, 1886. as including those arising out of the wordinary transactions of merchants Council of the North Riding oferorkshire.! the was admitted in Trinity and traders amongst others those relating the the construction of Term, 1866, and has been deputy clerk of the peace since 1872, and mercantile documents, the export or import of merchandise, affreightment, deputy clerk of the county council since its formation in 1889.
The Council of Legal Education have appointed Mr. J. R. V. MARCHANT and Mr. J. M. GOVER, barristers, Members of the General Board of
SUPREME COURT OF JUDICATURE.
ROTA OF REGISTRARS IN ATTENDANCE ON
Mr. Leach EDGAR ALEXANDER BAYLIS and ROBERT PBARCE, solicitors (Baylis & Tuesday
Beal Pearce), Church Court chambers, Old Jewry, and Cripplegate Institute, Wednesday.....................16 Godfrey
Leach to carry on the said business under the style of Baylis, Pearce, & Co.
Beal EDWARD BROWNLOW HAYGARTH and CHARLES ARTHUR LAWRENCE,
Mr. Justice Mr. Justice
Mr. Justice KEKEWICH.
BYRNE. solicitors (Haygarth & Lawrence), Cirencester. Dec. 31.
Monday, Feb. .............14 Mr. Ward
Mr. Farmer Mr. Carrington [Gazette, Feb. 4. Tuesday
WARNING TO INTENDING HOUSE PURCHASERS AND LESSEB8.–Before purresided in Kensington, London, but before that date, and occasionally chasing or renting a house, have the Sanitary Arrangements thoroughly afterwards, at Brighton and Bath. Information to be given to Messrs.
Examined, Tested, and Reported Upon by an Expert from Messrs. Carter Pontifex, Hewitt, & Pitt, solicitors, No. 16. St. Andrew-street, Holborn
Bros., 65, Victoria-street, Westminster. Fee quoted on receipt of full circus, London.
particulars. (Established 21 years.)-[Advt.]
THE PROPERTY MART.
SALES OF ENSUING WEEK, the gold medal at the recent examination for the degree of LL.D. of Feb. 15.--Messrs. DEBENHAM, Tewsox, FARMER, & BRIDGEWATER, at the Mart, at 2 London University, is the first Welshman who has achieved that dis
p.m., Modern Freehold Premises in Drury-lane; let at £230 per annum. Solicitors, tinction.
Messrs. Hughes, Hooker, & Co., London. The Seething-lane Police Station (now
disused), with frontage to Great Tower-street and Seething-lane, with a superficial A return prepared by Mr. F. S. Jackson, the registrar of the Mayor's
area of 1,730ft., held direct from the freeholders for 513 years. Particulars of J. A.
Brand, Esq., City Comptroller, Guildhall. (See advertisements, Jan. 22, p. 4.) Court, of actions tried before that court last year shews that 410 suits Feb. 15.-Messrs. DEBENHAM, TEwson, FARMER, & BRIDGEWATER, at the Mart, at 2 p.m.; were beard, of which 131 came before the recorder, 243 before the Freehold Properties, comprising Two well-secured Ground-rents of £170 and £180 common serjeant, and 36 before the assistant judge. Of these 328
per annum, arising from Blocks of Shops, &c., in Moor-lane and Ropemaker-street,
City; Two Shops and Dwelling-houses_in Vere-street, Clare-market, amounting to resulted in a verdict for the plaintiffs and 58 for the defendants, 13 non £163' 38. per annum; and a Plot of Building Land in Rotherhithe. Solicitors, suits were entered, and in 11 the juries were discharged or the cases with. Messrs. Beaumont, Son, & Rigden, London; Messrs. Beaumont & Bright, Malden, drawn. The suits involved sums ranging between £2,300 and £10.
Essex ; Messrs. Lovell, Son, & Pitfield, and Messrs. Soames, Edwards, & Jones,
London; and C. Gyningham Field, Esq., of Reading. (See advertisement, Jan. 29, The Judicial Committee of the Privy Council resumed their sittings on
Feb. 15.-Mr. JOSEPH STOWER, at the Mart, at 2 p.m., Freehold Residence at Croydon, Wednesday. Their first list of causes contains 19 appeals for hearing with Lawn and Garden of a quarter of an acre. Also Leasehold Properties at namely, from New South Wales four, Bengal three, Madras three, Bombay Wandsworth, Brixton and Walham Green, producing Dearly £550 per annum. Solitwo, Oudh two, and Allahabad, Canada, New Zealand, Constantinople.
citors, Messrs. S. Hughes & Sons, London. (See advertisements, Jan. 29, p. 224.) and Ontario one each. There are also two petitions for the extension of
Feb. 15.- Mr. JOSEPH STOWER, at the Mart, at 2 p.m., Leasehold Properties in Kil
burn, of an annual value of about £250 ; let to respectable tenants. Solicitor, John letters patent to be heard, and three judgments to be delivered in Jobson, Esq., London. (See advertisement, Jan. 29, p. 224.) colonial appeals.
Feb. 16.-Messrs. DEBENHAM, TEwson, FARMER, & BRIDGEWATER, at the Mart, at 2 p.m.,
The Haydon-Park Estate, Wimbledon, comprising 211 Houses and Shops, about By the death of Mr. John Fish Pownall, says the St. James's Gazette three minutes' walk from Haydon's-road Station (L. B. and 8. O. R.), and ten which took place this week, at his residence in Russell-square, the Bar
minutes' from Wimbledon (8. W. R.) Station ; let and estimated to produce a total loses one of its oldest members, the deceased gentleman having been
rental of £6,661 per annum, also about eight acres of Ripe Freehold Building Land.
Solicitors, Messrs. Ashurst, Morris, Crisp, & Co., and Messrs. Kennedy, Hughes, & admitted a student of Lincoln's-ion as far back as November, 1870, and Ponsonby, London. (See advertisements, Feb 5, p. 4). called to the Bar there in November, 1843. Mr. Pownall was a justice of Feb. 16, 17.-Mr. J. HOBATIO HIBBARD, at the Mart, at 2 p.m., Freehold Ground-Rents in the peace for Middlesex, and was in his eighty-first year. He had,
old Ford, Plaistow, Hammersmith, Herne Hill, and Wimbledon; together produc
ing £205 per annum, Leasehold Investments in Chelsea and Pimlico, produchowever, retired from practice at the Bar for some years past.
ing in all £1,179 10s. per annum. Solicitor, Chas. G. T. Lucas, Esq., London. (See
advertisement, Jan. 29, p. 224.). The ceremony connected with the introduction to the House of Lords Feb. 16.-Messrs. H. E. FOSTER & CRANFIELD, at the Mart, at 2p.m.: of the Lord Chancellor on his elevation to an earldom is thus described Leasehold Semi-detached Residence, near Stoke Newington Station, producing £45 by the Daily News : “His manner of introduction was unique. He was
per annum. Solicitors, Messrs. Cameron, Kemm, & Co , London.
Leasehold Shop and Business Premises at Gipsy-hill, of the value of £55 per annum; on the Woolsack wearing his black robe when the announcement of his
vacant possession. Solicitor, H. E. Griffith, Esq., London. new honour was made; but he departed at once, carrying his own official City of London, in the centre of the contemplated approach to the Tower Bridge, purse instead of leaving it to the Purse Bearer. Immediately afterwards
Freehold Property; vacant possession on completion as to a portion, the reViscount Tiverton and Earl of Halsbury returned with reinforcements,
mainder being let for twelve years unexpired, at £240 per annum. Solicitor,
H. I. Coburn, Esq , London. the whole band arrayed like Solomon in all his glory. First came Black Leasehold Detached Residence, with stabling, at Ravenscourt-park, W.; with posRod, then the King-at-Arms, next the Earl Marshal (Duke of Norfolk), session, Solicitors, Messrs. E. C. Kilsby & Son, London. afterwards the Great Chamberlain (Lord Ancaster), and finally Lord
Freehold Ground-rents at Kilburn, amounting to £12 12s. per annum. Solicitors,
Messrs. Pearce-Jones & Co., London, Halsbury, with his sponsors, the Earls of Coventry and Jersey. This Two Leasehold Dwelling-houses in Chelsea, producing a rental of £134 103. per gorgeous procession paced with stately step and slow towards the Throne, annum. Solicitors, Messrs. E. C. Kilsby & Son, London. bowing plentifully as they went. Now came the particular in which the
Semi-detached Leasehold Private Residence at Kensington ; with possession. Soliciintroduction differed from others.
tors, Messrs. E. C. Kilsby & Son, London. Had the chief performer not been
(See advertisements, this week, back page.) Lord Chancellor, he would have been led to the Woolsack, there to Feb. 17.—Messrs. H. FOSTER & CRANFIELD, at the Mart, at 2 p.m. : present his patent to the occupant of that awkward seat; but as the Earl REVERSIONS: of Halsbury could not march up to himself, he went to the Tbrone, from
To the Moiety of a Trust Fund of the present estimated value of £12,154, in Rail
way and Bank Shares, &c.; two lives, aged 47 and 52. Solicitors, Messrs. round which the railings had been specially removed, knelt on the foot.
Riddell, Vaizey, & Smith, London. stool, and deposited his roll of parchment on the Throne itself, King-at
To One-third of £6,000 Great Indian Peninsular Railway 5 per cent. Stock, £3,202 Arms in his blazing tabard critically superintending the performance,
London and North-Western Railway Consolidated Stock, £5,000 Milwall Dock while the rest of the band stood at the foot of the steps.
Then the pro
Co. 5 per cent. Preference Stock; gentleman aged 50. And to One-third of
a Legacy of £5,000, charged upon a Residuary Estate, receivable on the decease cession re-formed, wended its way to the table where one of the clerks
of the above gentleman and a lady aged 87. Solicitor, Charles F. Appleton, took Lord Halsbury's patent, a fine large parchment, splendidly illumin
Esq., London. ated with coats of arms, and read it so that nobody but the nearest persons
Absolute to One-fourth Share of a Trust Fund of Railway and Colonial Stock, of
the present estimated value of £7,635 ; lady aged 62 and gentleman aged 59. could tell what he said. Thereupon the pilgrimage was continued to the REVERSIONARY LIFE INTEREST: front bench third from the Throne—the Earls' bench for ceremonial pur
Of a gentleman aged 43, on the decease of the survivor of two ladies, aged 64 and poses, but used by any peers on ordinary occasions. There the new earl
85, in a Tithe Rent-Charge of £450 per annum, secured on land in Sussex. and his sponsors seated themselves, rose and bowed to the Throne,
Solicitor, R. E. Campbell, Esq., London.
POLICIES : repeating the movements a second and a third time, the four officials For £5,000, £1,000, £500, £100. Solicitors, Albert Myers, Esq., and James Robinstanding opposite them and bowing in unison. If the central figure bad
son, Esq., both of London. not been Lord Chancellor, he would have got no further, but his office
SHARES: gives him precedence over all other peers but the Archbishop of Canter
Twenty Shares of £50 each (£2 108. paid) in the Westminster and General Life
Assurance Association. bury and members of the Royal Family. Therefore he marched with his (See advertisements, this week, back page.) escort to the Dukes' bench the front one nearest the Throne on the Feb. 17.- Mr. J. HORATIO HIBBARD, at the Mart, at 2 p.m., Freehold Estate, near the opposite side-where the sitting, standing, and bowing were repeated.
City of Rochester, in all about 6 acres, for many years in the occupation of the late
owner, John Todd, Esq. Solicitor, Chas. G. T. Lucas, Esq., London, (See adverFinally he seated himself on the Woolpack.
tisement, Jan, 29, p. 224.)