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to read the words “partly of agricultural land and partly of buildings,” interest in the Easington and Undersea royalties, and in addition I agree to mean partly of agricultural land uncovered with buildings, and partly to indemnify you and the company against all claims and liabilities under of agricultural land covered by buildings, but this would be a somewhat the Pespool lease, taking an assignment of the same as from May, 1896, violent construction, and in my opinion cannot be accepted as the true and repaying the £1,000 already paid by the Messrs. Lamb." The tender construction.. Nor can I bring myself to think that if, apart from section by the plaintiffs' agents was, " Referring to previous negotiations, we, on 5, the definition of agricultural land, or of market-garden, ought to be behalf of the South Hetton Co., offer for these royaltios such a sum as construed as including the buildings erected on the land for the cultiva- will exceed by £200 the amount to-day offered for them by the other tion of it, one provision of section 5, which can be construed consistently intending purchaser, coupled with a transfer of the Pespool leage, if the with such construction, ought to make one reject it. Moreover, I do not other offer be on that footing." The liquidator accepted Mr. Barwick's think that to read clause (c) of section 5 as applying only to hereditaments offer. The plaintiff company thereupon brought this action on the ground not part and parcel of the agricultural land leads to any results incon- that they had made the highest money tender, and claimed specific persistent with the apparent intention of the Legislature, for, supposing some formance of their alleged contract, an injunction to restrain the complebuilding to have been erected which, in addition to its use in assisting tion of the contract with Mr. Barwick, and damages. North, J., on the cultivation of the agricultural land, would serve another purpose-e.g., motion by the two defendants to strike out the plaintiffs' statement of which would serve as a residence for the farmer and his family, I do not claim on the ground that it shewed no reasonable cause of action, came think that there is anything in the cases which would necessitate or to the conclusion that the plaintiffs' offer, even if it could te considered justify holding such a building to be part and parcel of the agricultural a valid tender, did not fulfil the condition, "all other things being equal land, although it would clearly be part of the hereditament consisting and satisfactory," and accordingly struck out the statement of claim and partly of agricultural land and partly of buildings. It would, however, dismissed the action. The plaintiff company appealed. be, according to the general law of rating, a single hereditament, because The Court (LINDLEY, M. Ř., and Rigby and VAUGHAN WILLIAMS, L.JJ.) occupied under one occupation by the same person or persons. On dismissed the appeal. the other hand, a bay-barn in a meadow, or a cowshed, would be LINDLEY, M.R.- If this is looked at as a suit for specific performance, I part and parcel of the agricultural land as serving for the cultiva- confess I am startled; it is grotesque; merely as an action for damages tion thereof and nothing else. I understand the decision in the there is more in it. Both the plaintiff company and Mr. Barwick wanted Llandudno case (ubi supra) to have been based on this principle. It is more to get the property and made offers for it. Mr. Barwick made a further reasonable to suppose that the Legislature intended such a result than to offer to Mr. Holmes, the liquidator, and the liquidator asked for sealed put a construction on the Act which necessitates treating a hay-barn or a tenders for the purchase of the Eusington and Undersea royalties. cowshed as a rateable hereditament separate from the agricultural land. Assume that he would accept the highest money tender in accordance I think, therefore, that the conclusion of Collins, L.J., is right, and that with his letter: "And the highest net money tender I receive (all other section 5, clause (c), only applies to buildings outside the definition of things being equal and satisfactory), that tender I will at once accept,". I agricultural land, and gives a qualified exemption to such buildings when do not gather that it was any part of the bargain that anybody else used only for the cultivation of land, and that there is nothing in this should tender. Barwick sent in a tender in the following words. [His section to prevent the definition of agricultural land being read in accord - lordship read the letters both of Mr. Barwick and of the plaintiff comance with previous decisions. Section 6 only deals with returns to the pany, and continued :] I have not the slightest doubt that if the Local Government Board, and seems to me to follow exactly the lines of liquidator chose to accept the offer of the plaintiffs it was open to bim to section 5 and clause (c), and throws no further light on the construction of do so, and the plaintiffs would have been bound by it. But we have to the definition clause. The only remaining section which throws any consider whether he was bound to accept it; does it fairly answer the light on the matter is the 9th, which contains the definition. I have description of the liquidator, the highest net money tender''? already dealt generally with the words of the definition and the judicial Whether it was a tender at all depends upon whether there was any other decisions thereon, so far as the old precedent has been followed, but some tender at all. The plaintiff's off-r was illusory, and did not answer the index to the meaning of the Legislature is to be gathered from the words conditions stated when tenders were asked for. It was not the highest of the definition itself, both those which appear in the old form and those money tender" either in a business sense or in a legal sense. I confess which are supplementary to it. First, there is the word "only," which that to my mind if we upheld the plaintiffs' contention we should be qualifies “arable, meadow, and pasture ground.” If you treat the word encouraging trickery and establish a very bad precedent. We should be
only” as intended to exclude buildings on such land from agricultural opening the door to the grossest fraud both on vendors and on purchasers. land as defined, and from the benefit of the exemption, then it would Another ground of complaint is that the liquidator was bound to accept seem to follow that in the case of market-gardens, &c., buildings will not the highest net money tender if other things were equal and satisfactory. be excluded.
But I do not think that the word "only" affects the This letter is, to say the least of it, extremely ambiguous; it may mean, question of the inclusion or exclusion of buildings from the definition. and I am not sure that it does not mean, an offer of £200 more than any
Oply” is meant to cover and exclude that class of cases in which the other tender coupled with a transfer of the Pespool lease as from the day land, although used as arable, meadow, or pasture ground, might be used of transfer, and not from May, 1896. Further, I am not sure that the for some other ultimate purpose, and does not, in my judgment, cover the previous negotiations can be brought in, The result is that the appeal use of arable, meadow, or pasture ground, as the stables in which horses must be dismissed with costs. or cows shall stand, or a hay-barn in which the hay shall be stored ; such Rigby, L.J.-I am of the same opinion. It is reasonably clear that the user being merely a means to the user of the arable, meadow, or pasture plaintiff company were not renewing their offer ; but they intended to get ground as such. As to the words “but does not include land occupied rid of their offer to take a transfer of the Pespool lease if their competitor together with a house as a park, gardens, other than as aforesaid,” I did not also offer to take a transfer. It is impossible to say, in the face of think “other than as aforesaid” means other than market-gardens and those ambiguous words, that they meant to say, “If anything is said about cottage-gardens, and it might be argued that the definition of agricultural it, we will take a transfer as from the day previously meniioned in our land does not include land occupied together with a house as cottage- negotiations." gardens or market-gardens. If this is so it is difficult to suppose that the VAUGHAN WILLIAMS, L.J.-I agree, and have nothing to add. Appeal Act meant land occupied together with a house as arable, meadow, or dismissed. -COUNSEL, Swinfen Eady, Q.O., and 0. Leigh Clare; Co:ens. pasture ground not to fall within the definition of agricultural land. The Hardy, Q.C., Vernon Smith, Q.O., and Micklem ; Younger. Solicitors, conclusion at which I have arrived on the question raised by the case is Crossman, Prichard, Crossman, f Block, for Dees g Thompson, Newcastle-onthat such land does come within the exemption, because these builoings Tyne; Bollerell & Roche; E. Flux & Leadbitter, for Ryoti f Swan, Neware part and parcel of the market-garden, which by the terms of the castle-or-Tyne. definition is agricultural land, and are buildings used for the purpose of
[Reported by W. SHALLCROSS GODDARD, Barrister-at-Law.] cultivation of the agricultural land and for no other purpose. I think judgment should be for the respondents, and that the appeal should be dismissed. COUNSEL, Sir Richard Webster, A.G., S. H. Day, and Trevor; Joseph Walton, Q.O., and Clavell Salter. SOLICITORS, Solicitor of High Court-Queen's Bench Division. Inland Revenue ; Ravenscroft, Woodward, & Hills, for Melvill Green Charles, Worthing.
KNIGHT v. NORTH METROPOLITAN TRAMWAYS Co. Bruce, J.
12th March. (Reported by R. C. MACKENZIE, Barrister-at-Law.!
MASTER AND SERVANT-PRINCIPAL AND AGENT, RESPONSIBILITY OF TRAMWAY THE SOUTH HETTON COAL CO. (LIM.) v. THE HASWELL, SHOTTON,
COMPANY FOR ACTS OF CONDUCTOR. & EASINGTON COAL AND COKE CO. (LIM.). No. 2. 9th March. Action for false imprisonment and malicious prosecution tried before PRACTICE—REASONABLB Cause of Action-R. S. C., Ord. XXV., R. 4- Bruce, J., and a jury. The following statement of the facts is taken STRIKING OUT STATEMENT OF CLAIM.
from the judgment: The plaintiff, who was travelling with his wife on
one of the defendant company's trams, tendered a sixpenny piece to the This was an appeal by the plaintiff company from a decision of North, conductor in payment of the fare for himself and his wife ; he received in J. (reported ante, p. 233). The action was brought for specific perform-exchange two tickets and 4d. change. Shortly after, the conductor ance of an alleged contract by the defendant company (which was in alleged that the sixpenny piece was a counterfeit, and he asked the plainliquidation) by its liquidator, Mr. Holmes, for the sale of the Easington tiff for another. The plaintiff said, “The sixpenny piece is a good one,' and Undersea royalties. The defendant company was also lessee of and refused to give the conductor another. Shortly after the tram the Pespool royalties. The defendants were the company, the liqui- arrived at the place where the plaintiff's journey ended, and the plaintiff dator, and Mr. Barwick, a rival purchaser. The liquidator was in nego. and his wife got out. There was a police-constable at the spot, and the tiation both with the plaintiff company and Mr. Barwick, and proposed conductor gave the plaintiff in charge for passing a counterfeit coin... A that sealed tenders should be sent in to be opened in the presence of the person wearing the uniform of the defendant company, who was identified chairman and directors of the defendant company; his letter concluded: by the police-constable as an inspector of the company, came up at that
And the highest net tender I receive (all other things being equal and time. The conductor spoke to him, and the inspector said to the consatisfactory), that tender I will at once &ccept." Mr. Barwick's tender was ductor, “Give me your badge and satchel, and take him down to the as follows : “I hereby offer you the sum of £31,000 for the company's station and charge him.” The plaintiff was then taken to the nes test
police-station by the constable, accompanied by the conductor, and the the act of the conductor. But there is no evidence that the inspector hai inspector took the place of the conductor on the tram. At the police- any authority to act on behalf of the company in sanctioning the act of station the conductor signed the charge-sheet. The plaintiff was the conductor. There is no evidence of express authority, and the case az admitted to bail about 2 a.m. on the 8th of April. The plaintiff appeared to bis implied authority is not so strong as that as to the implied in court to answer to the charge the same day, and, after the conductor authority of the conductor. It is said that the fact that the conductor and the constable bad given evidence, the magistrate dismissed the case. appeared at the police-court is evidence that the company must have In point of fact the sixpenny piece was genuine. During the hearing at given him leave of absence, but there is nothing to shew that he obtained the police-court an inspector of the company-not the inspector who was leave from any officer with authority to sanction the prosecution. It present when the plaintiff was given into custody-was present, but took must constantly bappen that the conductors obtain leave of absence, but no part in the proceedivge. The jury found that the conductor had the it would be going beyond reasonable inference to assume that an officer authority of the defendants to act as he did, and that the defendants who had authority to grant leave of absence had authority to sanction a ratified bis acts, and they found a verdict for the plaintiff. Op these find- prosecution. An inspector of the company was present at the police. ings judgment was reserved.
court, but took no part in the proceedings. I do not think his presence BRUCE, J., in the course of a considered judgment, said : I have felt
was a ratification by him of the proceedings, but, even if it were, there considerable doubt about this case, and after consideration I have come is no evidence that his presence was by the authority of an officer who to the conclusion that I should enter judgment for the defendants. I did had the authority of the company to ratify the proceedings. There must, not think it right to stop the case at the time, because I thought it better therefore, be judgment for the defendants. ---Counsel, Ruegg, Q.C., and that any facts that either party wished to be submitted to the jury should Norman Craig; Kemp, Q.C., C.W. Mathews, and F. Richardson. SOLICITORS, be found by them, and that the jury should aseess the damages, so that C. V. Young f IF indsor ; H. C. Godfrey. in any case the expense of a new trial might be avoided. The only
[Reported by T. R. Dill, Barrister-at-Law.] questions that I was asked to submit to the jury beyond the amount of damages, related to the authority of the conductor to act on behalf of the REG. v. COCKSHOTT AND OTHERS. Ex parte RICKERBY. Div. Court. defendant company in the manner in which he acted, and to the question
3rd March. whether the defendant company ratified his acts. Both these questions JUSTICES-Petty Sessions-RIGHT TO TRIAL BY JURY-SUMMARY JURISDIC. the jury answered in favour of the plaintiff, so that the question now
TION Act, 1879 (42 & 43 Vict. C. 49), s. 17 (2). to be considered is whether there was any evidence to shew that the conductor acted within the scope of his authority express or
In this case the justices of the borough of Southport shewed cause implied, or to shew that the defendant company ratified his proceedings. against a rule for a certiorari to bring up a conviction to be quashed. The first question that arises is whether there is any evidence that the Rickerby was summoned under section 3 of the Betting-Houses Act, 1853 conductor was acting within the scope of his authority as the defendants" (16 & 17 Vict. c. 119), for keeping a shop as a betting-house. The pun. servant. It was not suggested that he had any express authority to give
ishment for that offence is a fine not exceeding £100, and in default of into custody persons who might be suspected of passing counterfeit payment of the fine or in the first instance, if the justices should think money. This case does not resemble the numerous class of cases, of fit, imprisonment with hard labour for six months. The summons came which Goff v. Great Northern Railway Co. (3 E. & E. 672) is an example, in
on for hearing on the 5th of November. At the instance of defendants' which persons have been given into custody by the officials of railway counsel it was adjourned till the 6th of November. When the case came companies for travelling on a railway without having paid the fare and
on the town clerk stated the charge against the defendant and was abont with intent to defraud. In those cases power is given by statute, to ask him whether he desired to be tried by a jury in accordance with 8 & 9 Vict. c. 20, ss. 103 and 104, to all officers and servants on behalf section 17 (2) of the Summary Jurisdiction Act, 1879 (42 & 43 Vict. c. 49), of the company to apprehend such persons. In cases of that class it has but at that moment, as was clear to everyone in court, negotiations were been held that where some servant of the company has authority to do a going on between the prosecutor and the defendant's solicitor, and the particular act, whicb, if done at all, must be done immediately, a town clerk abstained from asking the question. The defendant's solicitor servant on the spot, in the absence of any superior servant to whom he then stated that his client would plead guilty but he desired nevertheless can refer, may be considered as clothed with implied authority to act on
that the case should be opened fully. The facts were then stated fully by the emergency. In the present case there is nothing to shew that any officer the prosecuting solicitor, after which the defendant's solicitor said that of the company had under any circumstances authority from the company the case was overwhelming, and he had advised bis client to plead guilty. to give passengers into custody for passing counterfeit coin. The case of The justices imposed a fine of £50 and costs. Neither the defendant nor Charleston v. The London Tramways Co. (limited) (4 T. L. R. 629) seems to his solicitor were aware that he was entitled to be tried by a jury. be conclusive on this point. Had the charge against the plaintiff been Section 17 of the Summary Jurisdiction Act, 1879, provides that a person that he had attempted to avoid payment of his fare or any charge of a like charged before a court of summary jurisdiction with an offence in respect nature within the 51st section of the Tramways Act, 1876, a very different of the commission of which the offender is liable, on summary conviction, question would have arisen, and the case would then have come within to be imprisoned with hard labour for a term exceeding three months, the principle of Goff v. The Great Northern Rarlway : see also Rayson v.
may, before the charge is gone into, claim to be tried by a jury. Sub. Sruth London Tramways Co. (1893, 2 Q. B. 304). The ground upon which section 2 is as follows: "A court of summary jurisdiction, before the counsel for the plaintiff contended that the conductor had implied charge is gone into in respect of an offence to which this section applies, authority was founded upon the direction of Blackburn, J., in Allen v. for the purpose of informing the defendant of his right to be tried by a London and South-Western Railway Co. (L. R. 6 Q. B. 65). That learned jury in pursuance of this section, shall address him to the following judge stated that a servant who had the charge and custody of his effect: You are charged with an offence in respect of the commission of master's property may be fairly said to have implied authority to do all which you are entitled, if you desire it, instead of being dealt with sum. acts which are necessary for the protection of the property intrusted to marily, to be tried by a jury; do you desire to be tried by a jury: him. He adds ; “I am inclined to think that if a man in charge of a
The defendant obtained the rule nisi on the ground that the caution till were to find that a person was attempting to rob it, and he could not required by section 17 had not been given to the defendant, and that it prevent him from stealing the property Otherwise than by taking did not appear upon the conviction that the caution had been given. On him into custody, the person in charge of the till might have an implied behalf of the justices it was contended that the defendant was only authority to arrest the offender; or if the clerk had reason to believe entitled to receive the caution after a plea of “not guilty,” but that here that the money had been actually stolen and he could get it back by the defendant had announced his intention of pleading guilty. taking the thief into custody, and he took him into custody with a view of The Court (WRIGHT and DARLING, JJ.) made the rule absolute. recovering the property taken away, it might be that that also might be They said that since the offence was not an indictable one it was not within the authority of a person in charge of a till. I am not, however, necessary in the conviction to state that the caution had been given, but prepared to pronounce a decided opinion on these supposed cases." Thé it was essential that the caution should in fact be given before the charge learned judge does not pronounce a decided opinion. It is possible that was gone into. Unless the defendant had the knowledge of his rights if the matter ever comes up for decision it may be found that it is not before the charge was gone into the privilege given to him was of no use enough to confer authority upon the servant to arrest that he should to him. It was intended by the Legislature that the defendant shoula be believe that his master's property is in danger. It may be found that it aware of his option to be tried by a jury before anything was done. The is necessary that the property should be actually in danger : see Edwards caution ought to be given before the defendant pleaded. Protection was v. The London and North-Western Railway Co. (L. R. 5 C. P. 445). But I even more necessary at that stage than later ; for it might happen that do not need to consider this distinction for the purposes of this case.
i the defendant, having no contidence in the bench, pleaded guilty in the take the words of Blackburn, J., in the fullest sense, and it does not hopes of thereby securing a lighter sentence, and yet if he had known appear to me that there is evidence to bring the present case within the that he had the right to be tried by a jury he would have availed himself lines laid down by him. I cannot see that the acts of the conductor can
of it. There could be no waiver of the right to be cautioned, as was be said to have been done with the view of recovering the property of the suggested by counsel, because there was no knowledge of it. It was properly infer that the acts were done with any such view. That the Randolph. SOLICITORS, Rowcliffes, Rawle, f Co.; Pritchard, Englefield, & Co., acts were done by the conductor to make an example of the plaintiff, and for Brighouse, Brighouse, f Jones, Southport. in that sense indirectly to protect the company's property, I do not
(Reported by C. G. WILBRAILAX, Barrister-at-Law.] doubt, but to admit such a state of things as affording any evidence of an implied authority on the part of a servant to give a person into custody would be to go far beyond the principles laid down. It would be to affirm the principle that every servant who is intrusted with the property
Bankruptcy Cases. of his master has an implied authority to put the law in motion with Re LAURIE, Ex parte GREEN. Wright, J. 14th March. reference to any offence that may be committed with reference to the property. As to the second question, whether there had been any
OF Proof ratification on behalf of the company, there is evidence that the inspector
BANKRUPTCY Act, 1883 (46 & 47 Vict. c. 52), s. 48. who was on the spot when the plaintiff was given into custody ratified Motion by the trustee in the bankruptcy for a declaration that a pay
ment by the bankrupt to his wife was void against the trustee as a advantage from such an association than the solicitors' managing clerks. fraudulent preference. The respondent was not represented by counsel. The duties of solicitors were most responsible, but it could not be thought Counsel for the trustee, having proved the insolvency of the debtor at the that his business would be conducted by the solicitor alone, and when one date of the payment, submitted ibat the onus of proof there shifted to the spoke of the graver responsibilities of solicitors, and of the confidential respondent, and that it was for her to prove that the payment was not duties they had to perform, the same proposition was absolutely true of made with a view to prefer. He cited the dictum of Vaughan Williams, the managing clerks, who, under their principals, had to perform those J., in Re Eaton, Ex parte Viney (1897, 2 Q. B. 16, 45 W. R. Dig. 12). duties. It was, of course, of the utmost importance in the performing of
WRIGHT, J., held that the onus of proving the payment to have been the duties of a solicitor that the solicitor or his managing clerk should be made with a view to prefer was still upon the trustee. The dictum cited able to conduct it so that he could feel that he could deal with his was only an isolated dictum, and was inconsistent with the judgment of opponent with full confidence in his honour and integrity. This sort of Cotton, L.J., in Ex parte Lancaster, Re Marden (32 W. R. 483, 25 Ch. D. mutual trust could not exist unless there was eomne bond which held 311), where he held that it was for the trustee to make out that what was together the various gentlemen so engaged, and he regarded the associadone by the debtor was done with a view of giving a preference.
tion not only as of great benefit to its members, but as a great benefit to COUNSEL, A. Read. SOLICITORS, Plunkett & Leader.
society, because it made it possible for the business of the law to be con
ducted in such a way as to be a real benefit to those who were engaged in [ Reported by P. M. FRANCKE, Barrister-at-Law.]
it. There were people who talked of having to have recourse to one's lawyer as if it
a great misfortune. They might just well speak in
way of having
to their doctor when they were ill. He had the same sort of opinion LAW SOCIETIES.
of a man who had complicated business matters to deal with, and who
insisted upon being his own lawyer, as he had of a man who was ill and SCLICITORS' MANAGING CLERKS' ASSOCIATION. who looked in the columns of the daily newspaper to see what pill would
cure him. He was about as likely to do good to himself in one case as in ANNUAL DINNER.
the other. They did not want quacks in either profession to conduct the The fifth annual festival of the Solicitors' Managing Clerks' Association business of the citizens of this country. All lawyers liked to see plenty was held at the Holborn Restaurant on Thursday, the 10th inst., the of business about. Did they not see that the judges did not like the chair being taken by the President, Mr. MAURICE KBLLEHEN. Among litigatiou of the country to be disposed of eleewhere than in court?, And those present were Lord Justice Vaughan Williams, Master T. H. Fischer, that feeling ran through every section of the profession. It was said that Q.O., Mr. F. O. Crump, Q.C., Mr. T. W. Wheeler, Q.C., Mr. J. G. this meant that they wanted people to quarrel. That was an absurd Witt, Q.O., Mr. J. M. Astbury,'Q.C., Dr. J. A. Rentouí, Q.C., M.P., Mr. proposition, because people would quarrel whether there were lawyers W. 6. Upjohn, Q.O., Mr. Bargrave Deane, Q.O., Sir Granvill Temple, or whether there were not. Poɔple had diseases whether there were Mr. C. Ashworth James, Mr. D. Stewart-Smith, Mr. J. Austen-Cartmell, doctors or whether there were not. What they wanted was not that there Mr. T. R. Haslam, Mr. Rowland Beevor, and Mr. H. W. Lawrence. should be more quarrels more diseases, but that those who wanted After the loyal toasts,
relief, those who were ill either in body or estate, should go to the proper Lord Justice VAUGHAN WILLIAMS proposed the health of “The Associa- quarter, so that what they required to be done should be done in the best tion.". It was a great pleasure to him to propose the toast and to do any.
way for them.
What the whole profession wanted was that the business thing he could to bonour the law. He was quite sure that they all took a
should be conducted speedily, honourably, and economically. That pride in the administration of the English law, which was not only the which was true of the penny stamp and of the carrying of letters was admiration of the country but of the whole civilized world. He did not equally true of the law and legal business, and where there was an believe that any number of well-devised statutes or skilfully-worded association of gentlemen like this they would not tolerate among themannouncements of the eternal principles of justice of which some of our selves that the expenses of legal business should be unnecessarily neighbours were so fond of talking would have achieved the results which
increased. It must be recollected that lawyers had all a body of had been achieved by the English law if it had not been for the esprit de prejudice to fight against to a large extent, although this was, he believed, corps, and the great body of tradition which existed among every section very much dying out. He believed that whatever section of the profession of the profession. The objects of the association, as appeared by the it might be the uniting of its members together by bonds of this sort prorules, were to advance the assistance of solicitors' managing clerks by the moted confidence in one another, and promoted a good body of tradition, interchange of opinions upon questions of importance to the legal pro- in that way doing a service to the community at large, and to the legal fession, and to promote their union socially and professionally by lectures, profession, and especially to that section of it to which the members of the diecussions, and otherwise as the council might deem expedient. In any
association belonged. profession that had to deal with the confidential sort of interests with which The CHAIRMAN responded. He spoke of the flourishing condition of the lawyers bad to deal, it was perfectly impossible for it to carry on its duty association both as to membership and funds, though he thought that as to society unless its members felt that they might safely confide in each there were 800 or 900 managing clerks in London a memb.rship, of a other's hononr. He believed it was the existence of such aesociations as third of that number was not so large as it ought to be. The association this which enabled the profession to maintain the esprit de corps and body had a library of some 500 volumes, and during the past few months of tradition which was really essential if its members were to have con- lectures had been delivered by members of the profession which had been fidence in each other, and it was to be found in every branch of the of the greatest value. profession. He regretted that at the present moment there was not an
Mr. W. Briggs, proposed the toast of "The Legal Profession." association of judges to carry out among the judges the cort of object which was stated in the rules of the association. But although that was
Mr. F. 0. CRUMP, Q.C., returned thanks. Referring to the observations the case it had been recognized in times past that there was a place of Lord Justice Vaughan Williams as to the desire of the judges that amongst judges for such an association, so far as the common law judges litigation should be decided in the courts, he asserted that the bench and were concerned, although it was an accident of history that each judge
the courts were not numerous enough. The citizens did not desire that had to be a member of Serjeants-inn previous his promotion to the their disputes should be heard before arbitrators. The profession was of bench. But the judges were not content with that association, and they opinion that the bench was not sufficiently numerous, and that the courts formed, if not in name at all events in practice, an association within that
were not open in sufficient number to dispose of the accumulation of work, association of Serjeants'-inn. Serjeants'-inn covered in many respects and Lord Justice Vaughan Williams would be doing a great service if he the same objects as did the association in that it was largely used for the
were to urge upon his brother judges to make a representation to the promotion of that sort of feeling amongst the serjeants which the assccia- higher authorities with regard to the matter. tion desired to promote amongst managing clerks. And the practice of Mr. T. R. HASLAM, responding for the solicitor branch of the profession, the common law judges used to be to dine together so many times a year said he had taken very great interest in the association because he believed at the Old Hall in Serjeants’-inn, and at these meetings they used to that, conducted in the admirable way in which it had been, it was bound discuss matters that were interesting to them collectively and to inter to do the very greatest service for those on whose behalf it was instituted. change opinions upon subjects of importance to the judicial bench. Solicitors who had watched its progress were keenly desirous that the Serjeants'-ion bad gone, and he thought the meetings of the judges, 80 association should go on and prosper, because they believed that the best far as they did meet as benchers of the Inns of Court and at the council interests of its members were their's, as their's were the best interests of of judges under the Judicature Act, were very sorry substitutes for such its members. Indeed, he did not know of any profession or business of an association as the common law judges used to have. He hoped which it could be more truly said that co-operation in the fullest sense of the the time would come when the judges would once a year dine word was so essential an element of success as in the office and practice together and exchange opinions upon subjects which were interesting to of the solicitor. On the one hand, the solicitor recognized that without them. But this desire of association made itself apparent in almost every capable and industrious managers his business and that of bis clients section of the legal profession. Conld it be doubted that to a large must necesearily and immediately be in danger, and that it was his duty, extent the Inns of Court performed, and were intended to perform, the therefore, to do all that lay in his power to encourage those around him fame sort of services to the bar which the association performed among who were struggling late and early for the advancement of that business. managing clerks. Bar messes had the same, amongst other, objects. On the other hand, the managing clerk knew that just as he was successIn each of these it was intended to promote that mutual confidence and ful in carrying out the business entrusted to bis care so he was promoting trust in the honour of each other, and that guidance as to what one should the success of the solicitor, and he was entitled to expect that he should do in difficult cases which the association had in view. The Incorporated participate in that success. Law Society performed for solicitors the functions wbich the Inns of Mr. T. C. TUNSTALL submitted the toast “ Our Guests,” Master FISCHER Court performed for the bar. There were other associations such as that and Dr. RenTOUL, Q.C., M.P., returning thanks; and the remaining of the county court judges, and in days gone by there was a Club of toasts were : “The Officers," proposed by Mr. J. W. Hobbs, Mr. A. Special Pleaders. They all set before them the promotion of that sort of Turner (secretary) and Mr. W. J. SMART (treasurer) responding, and bond which should unite the members of the profession together, and he “The Chairman," given by Mr. J. M. ASTBURY, Q.O., the PRESIDENT could not imagine any branch of the profession which would derive more returning thanks.
THE SELDEN SOCIETY.
session, but at present it seems rather a matter of doubt whether or not
the adoption of the Act will be vetoed by the County Council of London, The following is the report of this society for the year 1897 :
which has been selected as the first compulsory area. The committee 1. The society still shows a elight increase in the number of its adhere to the opinion that compulsory registration will add to instead of members, which was 265 for 1897, as compared with 256 for 1896.
decrease the cost of transfer of land. 2. Volume XI. of the publications, forming a second volume of " Select County Court Rules.-The committee, in conjunction with most of the Pleas in the Court of Admiralty," was edited by Mr. Reginald G. Marsden, other law societies, protested against the Draft Rules issued in March and published in May as the volume for 1897. Volume XII., for 1898, last, which were felt to unduly interfere with the right of a plaintiff to will be a volume on the Court of Requests, by Mr. I. S. Leadam. This sue in the court of the district where the cause of action arosa. The Draft is already in the press, and will be published in the course of the summer. Rules were withdrawn and others substituted, which appear to the comVolume XIII., for 1899, will be a volume of “Select Pleas of the mittee to be free from objection, but they made some minor suggestions Forests," by Mr. G. J. Turner. The preparation of this volume is in thereon to the Council of the I.L'S. an advanced stage, and it is believed that it will shortly be ready for Appointment of a deputy.coroner. The committee have been called upon press.
to deal with a somewhat painful matter in which they felt it their duty to 3. The council have further considered the proposal to reprint the enter an emphatic protest against the appointment by a coroner, a memyear-books of the reign of Edward II., which was left in their hands ber of the society, of his own clerk, unadmitted, as deputy-coroner, after the discussion at the annual meeting of last year, upon the under- The facts have already been laid before the members and also submitted standing that the undertaking, if practicable, would be acceptable to the to the Council of the I.L.S., who, after referring the matter to a special members of the society. Negotiations are still pending which prevent committee, have thoroughly indorsed the action of this committee in proany definite announcement at present of the result. But the council testing against the appointment. The coroner tendered his resignation as hope that the task will be definitely commenced by the year 1900 or 1901, a member of the society, which was at once accepted by the committee. either by this society alone or by it in conjunction with another public body. In the latter event it will be possible to carry the publication through in a shorter period than if the work be undertaken by the THE INCORPORATED LAW SOCIETY FOR CARDIFF society alone.
AND DISTRICT. 4. Under the rules the following members of the council retire by rotation-namely; Mr. Scargill-Bird, Mr. Justice Stirling, Mr. West
The following are extracts from the report of the committee :
Members.—The number of members for the year 1897 was 109, as against lake, Q C., Judge Meadows White, Mr. Justice Wills. Mr. Westlake, Q.O., desires to be excused from serving again, on
107 in 1896, and there were 9 subscribers to the Library. account of his frequent absence from London. Mr. Chadwyck Healey,
Accommodation for Society in New Town Hall.—The society met twice in Q.O., has been nominated under rule 7; and the Council have adopted last year, namely, on the 21st January and the 27th July, and at the lasthis nomination in the place of Mr. Westlake, and have re-nominated the
named meeting it was resolved that the requirements of your society for other four retiring members, who are willing to serve again.
increased accommodation in the New Town Hall at Cardiff should be again 5. The period of Lord Herschell's office as president has expired. The brought before the Cardiff Corporation, and that your committee should council have nominated in his place the Master of the Rolls, who has
co fer with the members of the legal profession, who were also members of kindly consented to accept the office. The council desire to record their
the Corporation, with a view to induce them to assist in urging on the gratitude to Lord Herschell for accepting the presidency of the society in
Corporation and their officials the before-mentioned requirements. In conå time of difficulty, which has happily passed away.
sequence of this resolution, the secretary called the attention of Messrs. 6. The election of the Master of the Rolls to the office of president George David, Henry White, C. A. J. Ward, and Lewis Morgan (who were creates a casual vacancy in the office of vice-president, the filling of which members of the Town Council) to the efforts which this society had from falls to the council under rule 8. The council have selected Sir Frederick time to time made to obtain suitable accommodation in the new Town Hall Pollock for this office in the place of the Master of the Rolls. This for the due administration of justice, and the secretary handed to each of appointment in its turn creates a casual vacancy in the council, which these gentlemen a list of requirements which your society has all along has also beeu filled under rule 8, by the selection of Mr. C. I. Eltou, Q.C., considered is necessary for the above parpose. Mr. David and Mr. White in the place of Sir Frederick Pollock.
accordingly urged upon the Town Hall Committee to grant the full 7. An abstract of the accounts, with the report of the auditors, is accommodation which this society believes to be requisite, and these gentleannexed. NATHANIEL LINDLEY, vice-president.
men informed the secretary that the Town Hall Committee had acceded to very nearly all the requirements made. The secretary has lately inspected some of the plans exhibited at the Town Hall for the new Municipal
Buildings and Law Courts, and he found there that provision of one large THE HEREFORDSHIRE INCORPORATED LAW SOCIETY.
room was made for the Society's Library. It has always been the desire of The annual general meeting of this society was held on Thursday, the your committee to obtain two rooms for the purposes of the Library, and 15th of February, when there were present : Mr. E. H. Cheese (presi- your committee yet hope that that accommodation will be afforded to the dent), Mr. Joseph Carless_(vice-president), Messrs. H. O. Beddoe, C. B. society. Beddoe, W. J. Humfrys, J. Gwynne James, F. R. James, J. Lambe, E. Office for Stamping Deeds. - It is with much satisfaction that your Com. L. Wallis, J. F. Symonds, R. H. Symonds-Tayler, T. G. Ohance, and J. mittee have to announce that, upon their urgent application, the ComR. Symonds (hon. sec.).
missioners of Inland Revenue have promised to erect the necessary The minutes of the last general meeting were read, confirmed, and machinery for the purpose of stamping deeds in Cardiff, when the new signed.
Inland Revenue Offices have been built. This will be a saving of much The report of the committee for the past year was received and time, and be a great convenience, not only to the local practitioner, but also adopted.
to his clients. It is only right that the committee should acknowledge the The following recommendation of the committee in reference to the services which Mr. Maclean, M.P., has rendered to the society on this resolution of the last general meeting requesting them to report as to some subject. better way of effecting some change in the constitution of the committee each year was adopted : “ That at least two members shall retire from
EQUITY AND LAW LIFE ASSURANCE SOCIETY. the committee each year and their places be filled by other members, and in the absence of other vacancies the Hereford member and the member
The annual general meeting of the Equity and Law Life Assurance from outside Hereford who have respectively attended the least number Society was held on Tuesday at the Society's House, 18, Lincoln's-innof meetings shall be those to retire."
fields, Mr. J. M. CLABON (the chairman) presiding, It was resolved, on the motion of Mr. Gwynne James, seconded by Mr.
The report stated that the new sums assured under 522 policies during the J. F. Symonds, that Mr. Joseph Carless be elected president for the year had amounted to £489,369, of which £63,521 were re-298ured, and £130 ensuing year.
deferred annuity. The new premiums were $25,196 12s. 1d., and the It was resolved, on the motion of Mr. H. C. Beddoe, seconded by Mr. re-assurance premiums £1,774 178. 10d., leaving net new premiums of Humfrys, that a cordial vote of thanks be accorded to Mr. Cheese for his £23,421 148. 3d. The gross amount of assurances in force at the end of services as president during the past year.
the year was £9,068,191 7s., of which £1,061,521 were re-assured; and the It was resolved, on the motion of Mr. J. Lambe, seconded by Mr. E. net premium income was £282,125 19s. 9d., as against £274,307 14s. 3d. in L. Wallis, that Mr. William Masefield be elected vice-president for the the preceding account, showing the satisfactory increase of £7,818 58. 6d. ensuing year.
The amount received for ioterest and dividends was £95,848 188., while the It was resolved, on the motion of Mr. Cheese, seconded by Mr. Carless, reversions yielded a profit of £11,433 7s. 9d. In order to take up new that Mr. J. R. Symonds be re-elected hon. sec. and hon. treasurer for the investments of a desirable character, it had been found necessary to realise ensuing year.
some convertible securities, and these had yielded a profit of £30,750 7s. 7d. Tłe following were elected as the committee : Messre. H. C. Beddoe, over the price at which they stood in the books. As consideration money Humfrys, J. Gwynne James, Llanware, Lambe, Wallis, C. D. Andrews, for annuities £1,290 8s. had been received ; and minor receipts had yielded Cheese, and Lilley.
£553 15s.6d. The claims by death under seventy-three policies had amounted to £181,432 11s., and eight endowment assurances matured for
£5,954 6s. These sums included bonus additions of £50,936 17s. The The following are extracts from the report of the committee :
society's payments were leseened by claims by death under re-assurance Members.--The number of members is now fifty-four. Four new mem- policies with bonuses for £18,750 38. od. In both number and amount the bers were elected at the annual meeting; one has resigned ; and the claims were considerably below the expectation. The net amounts were committee have with regret to record the death of Mr. G. H. Piper, one less by upwards of £86,000 than in the preceding account. The of the oldest practitioners in this district, who was president of the society with-profit policies, which became claims by death, on some of which in the year of its incorporation.
bonus had been surrendered during the lifetime of the assured, and were Land transfer. The committee await with some interest the result of increased by upwards of 40 percent. ; while on those on which the the first experiment in compulsory registration under the Act passed last bonus had been left till death the increase was more than 56 per cent.
The deaths of ten annuitants were announced during the year, causing the very intimately, having been his pupil at the Bar, he could say
to termination of annuities of £1,541 28. 4d. The funds were increased during nearly the last days of his life his interest in the society had remained the year by £193,211 2s. 9d, which is a larger sum than has ever before unabated. been added in one year. They now amount to £3,206,606 48. 5d. The motion having baon agreed to, Excluding reversions, outstanding premiums and interest, and cash at bank, Mr. Russell proposed the election of Mr. Justice Grantham as a director the funds were invested to produce an average rate of £3 143. 8d. per cent., in the place of the late Lord Justice Kay. as compared with £3 15s. 23. in the preceding account.
Mr. George Powell seconded the motion, and it was carried. On the Mr. A. F. BURRIDGE (actuary and secretary) having read the notice motion of Mr. Kisch, seconded by Mr. C. Harrison, the retiring directors, convening the meeting,
Mr. Justice Phillimore, Sir Arthur Watson, Q.C., Mr. Church, and Mr. The CHAIRMAN moved the adoption of the report and accounts. Before Ingram were re-elected. proceeding to deal with it he referred in sympathetic terms to the death of the On the motion of Mr. J. T. Prior, seconded by Mr. A. G. PERRING, the iate Lord Justice Kay, who, he said, became a director about twenty years since. retiring auditors, Mr. Bailey and Mr. Pitcairn, were re-elected, and their With regard to the report, the society had had another prosperous year, remuneration was fixed at £31 108. each. and were £193,000 better off than they were at the beginning of the year.
Mr. Wigan moved and Mr. PRIOR seconded a vote of thanks to the Various reasons accounted for that. In the first place the claims were very directors, and that their remuneration be 3,500 guineas. much less than they naturally would be in the expectation, and in the next This was agreed to, and the chairman returned thanks. place, with the desire of increasing the interest, the board had sold some of On the motion of Mr. HARRISON, a vote of thanks was passed to the the securities in order to put the amount out on mortgage, and in so doing chairman for presiding. had gained £30,000, owing to their having risen in price. That was & The CHAIRMAN, in returning thanks, said the directors were not the only double gain as it were, becau the deaths being less than the expectation persons who contributed to the prosperity of the society. First there was the society were still receiving the premiums, and again they were putting Mr. Burridge, the actuary and secretary, who had amply fulfilled all expectaoff the payments, and thus this was an item of very great advantage. He tions and who, he hoped, would live long to manage the society. Then there was a very old director ; he believed he was the oldest member of was the assistant actuary, Mr. Phelps, who was a most valuable man. The the society except Mr. George Rooper ; but when he joined the society had a most excellent medical officer in Dr. Thompson, a most excelsociety nearly fifty years ago the reserve stood at £130,000. In 1872 lent solicitor, and a most admirable staff. it first rose to £1,000,000. In 1884 it reached $2,000,000, in 1896 Mr. RUSSELL seconded the motion, and it was adopted. it was about £3,000,000, and now it had reached £3,200,600, an ample fund Mr. BURRIDGE, in returning thanks, said it was very refreshing after the t) meet all their liabilities from whatever source. The board bad been daily round of a year's work to receive such a vote as this, moved and very careful to keep on the side of safety with regard to the securities, but adopted in such a spontaneous
Although the value of their investments produced £3 14s. 80. per cent. There was a variety of new business must vary from year to year according to accidental practice in offices. Some offices brought their reversions into account, and circumstances, yet he was glad to say the energy of the staff remained at a so got to a rate of 4 per cent. or thereabouts, and this society might act in very high level, and they exhibited an eothusiasm which proved that they the same way; but it so happened, according to the constitution, that they were very proud to work for the society. He should like that there only valued their reversions at the quinquennial period, and so they lost the should be included in the vote the inspectors and agents, from whom he had benefit of them in calculating the rate of interest." As to the investments, the received very great assistance. It was the constant effort of the staff to board bad sold out some on the Stock Exchange, and put the amount realised maintain the society in that position of prosperity and financial strength out on mortgage, and so raised the rate by a few shillings, whilst keeping to the which the chairman had been able to prove it occupied to-day. strict safety rule. The securities were all carefully appraised by a special committee. The former practice was that the chairman and deputy-chairman, with two or three other good men—one from Lincoln's-inn, one from the
BRITISH LAW FIRE INSURANCE COMPANY. City, and so on-formed the committee. But it was thought, after a time, The annual general meeting of the British Law Fire Insurance Company that the directors in general ought to be a party to the examination of was held on Friday, the lìth inst., at Cannon Street Hotel, Mr. H. T. securities, and so now two members of the board in rotation were added to NORTON (Chairman) presiding. the committee; and this was the case in that, as in all other committees, The report stated that the net annual premium income was $57,256 6s. 4d., because the Investigating Committee and the Accounts Committee were on as compared with £55,130 03. 11d. in the previous year, being an increase of the same principle. As to the new business, this year the business had | £2,126 5s. 5d. The net losses, after adjusting those outstanding at the end not increased, in fact, it had diminished, though not very much. of 1896, allowing for claims outstanding at the end of 1897, and deducting Various causes accounted for that. The Jubilee year had affected it, the amounts recoverable by reinsurance and indemnities, amounted to and so there were not so many proposals, and then the state of things $29,768 8s. 9d. The loss ratio for the year was 51.9 per cent. The accounts altogather as regarded buying and selling on the market and so on had showed an available balance of £8,100 15s. 4d. The directors proposed to had its effect, and the society had not got so much new business as carry to the reserve £4,000, thus bringing the reserve up to £27,000, to usual. The difference was not much, because last year the society declare a dividend at the rate of 3 per cent., free of income tax, for the year, reinsured a great deal, whilst this year they had not reinsured so much; and to carry forward £1,100 158. 4d. 80 the difference was not very large. During the year eight policies Mr. H. FOSTER CUTLER (Manager and Secretary) having read the notice had become claims in which the amount insured had more than convening the meeting, doubled, and in some cases considerably more than doubled. There The CHAIRMAN, in moving the adoption of the report, observed that the was one policy dated 1850, the original sum assured being $10,000, and increase in the net annual premium income was £2,126 55. 5d. That the amount of the policy at the time of death was £26,117 9s. In another might seem disappointing to the proprietors. Last year the increase was case, dating from the same year, £250 bad increased to £580 2:3. ; another, £4,000, and the previous year it was £5,000, and the present increase dated 1856, had increased from £500 to £1,182 128. ; in another, 1861, a seemed small by comparison. He might as well tell them at once a policy of £1,000 had increased to £2,296 83. ; another, dated 1863, had in. for their satisfaction that the amount of new direct business had creased from £5,000 to £10,551 148.; another, dated 1864, had gone from been almost as great in this year as in the previous year, and the reason it £500 to £1,030 28.; another, 1868, from £600 to £1,204 15s. ; and another, had not had so much effect in the total was, first of all, because the Board dated 1871, from 6500 to £1,040'16s. This showed at all events that the bad reinsured a larger proportion of the new business than in the previous office could compete with offices in general in the large profit which accrued year. The risks had come in larger, he supposed. And, secondly, they had to insurers. As to the interest and dividend during the year, the board made diminished the amount they had been receiving from guarantee business, £95,000 by interest and profit on reversions realised. Although they did instead of slightly increasing it. Between 1875 and 1896 there was an not take the reversions into account by the yearly, increase, but only every increase of the amount received by the Company on guarantee business, five years, it was a fact that last year, £11,000 odd did so fall in. As to the though not an increase greater than the proportionate increase of the direct expenses, the office compared very favourably with other offices. It had business; but in 1896 the Company suffered heavily from its guarantee been a sort of rule that an office cught not to spend more than about 10 per business, and he believed that had been the experience of many other offices cent in expenses. The society had not expended 10 per cent, but only 9.6 besides. The consequence was that in 1897 the Board reduced that again, fer cent, and the average for the past three years was 95 per cent, so and the difference between the amount received on guarantee business in that the expenses were very light. As to the rate of death at different 1896 and in 1897 was a reduction of something approaching £1,400, so that ages, last year, the deaths under 50 years of age were 10.3 in number; made a very substantial item, and accounted for the diminution. The Board between 50 and 60 they were 23.2; between 60 and 70 they were 15:8; had acted on the side of caution, and this having been done once he did not between 70 and 80, 23.5; and 80 and above, 28.1. He believed it would think the decrease would appear again, and the Board hoped not. The net be found on examination of the list of deaths that the average age was losses, after adjusting those outstanding at the end of 1896, allowing for good. The society used to be rather fond of taking money and granting claims outstanding at the end of 1897, and deducting the amounts recoverannuitics, but it was found that the people who bought the annuities were able by insurances and indemnities, amounted to £29,768 8s. 9d. This was generally good lives, people who thought they would live long, and the a loss ratio of 51.9 per cent. There were many offices which would consider result was that it was not a profitable business, and a great many years ago such a loss ratio eminently satisfactory. He told the meeting frankly that the board thought it well to discontinue the granting of annuities. the Board did not consider it satisfactory for this office. The loss ratio on Annuities had ceased during the year to the amount of £1,541 annually, so direct business was very small indeed, and the company had suffered, in that the society was beginning to come to an end of the unprofitable common with other offices, by a very heavy percentage of loss on the business. He could only say that the Equity and Law, having an age of guarantee business. The accounts showed an available balance of more than fifty years, had continued to flourish, as he hoped it would £8,100 15s. 4d. The directors proposed to carry to reserve £4,000, thus continue to flourish, and he hoped they would all join in its advantages. bringing the reserve up to £27,000, to declare a dividend at the rate of 3
Mr. CECIL H. RUSSELL (deputy chairman) seconded the motion, adding per cent., free of income tax, for the year, and to carry forward his expression of deep regret at the loss sustained by the society by the £1,100 15s. 4d. Now, that £8,000 consisted first of all of £1,000 brought death of the late Lord Justice Kay. As the chairman had said, Lord Justice forward from the previous year, and then the directors had not drawn all Kay attended the board meetings more frequently than many men in his their fees this year, and that had enabled the Board to carry £4,000 to judicial position would have been able to do. But as one who knew him reserve. Ho was sorry the dividend was small. He heartily wished the