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that the change would not come upon them all at once, but by jurisdictionis fundandæ causâ. Herefore the complainer beseeches your degrees, and the present state of things would continue during the lordships for letters of arrestment at his instance in the premises present generation. The whole Continent except France, the whole in common form : According to justice, &c. J. C. Strethell Millen, English-speaking continent across the Atlantic, the whole of the W.S. Bill." The bill is passed at once without inquiry if it be in colonies, except one doubtful case, advocated the system. In time form, and the bill chamber clerk writes on it a deliverance in this the question would assume such a form that the members of the bar form—" Fiat ut petitur." The bill, with the deliverance upon it, would themselves call for amalgamation, for the solicitors would is the warrant for the letters of arrestment being signeted, and is have the right of audience within a slight fraction.

presented along with the letters at the signet office, where they are The amendment was negatived, twelve votes being given for and stamped with the signet. The letters are then in a position to be forty-six against.

executed, and are issued to the solicitor applying, the bill being On the suggestion of Mr. Lee the resolution was put in two parts retained in the signet office. A messenger-at-arms or sheriff's -first : “ That this annual meeting of town and country solicitors officer is then instructed to arrest, in the hands of custodiers of is of opinion that there is no sufficient reason for seriously enter- goods or debtors of the defendant B., whatever goods they may taining any scheme having for its object the amalgamation of the have on B.'s behalf or whatever money they may owe to B. The two branches of the legal profession.”

schedule served is in the following terms :-" I, Robert Gardiner, This was carried by fifty votes to eleven.

messenger-at-arms, by virtue of letters of arrestment ad fundandam The second part was then put as follows:-" That this meeting jurisdictionem, dated and signeted the 11th day of August, 1888 years, recommends the Council of the Incorporated Law Society to take raised at the instance of Charles Stewart Parnell, complainer into consideration the expediency of applying to Parliament that against John Walter and George Edward Wright, in Her Majesty's the facilities given by the 1877 Act to barristers of five years' name and authority, lawfully fence and arrest in the hands of you, standing for becoming solicitors should be made reciprocal, so as Keith and Company, advertising agents, 65A, George Street, Edin. to enable solicitors of like standing to forthwith go over to the burgh, the sum of £20 sterling, more or less, due and addebted by other branch on passing the Bar Final Examination."

you to the said John Walter and George Edward Wright, or either This was carried unanimously.

of them, or to any other person or persons for their or either of

their use and behoof by bond, bill, decreet, contract, agreement, or ON ARRESTMENT TO FOUND JURISDICTION IN SCOTLAND, WITH SPECIAL REFERENCE TO THE ACTION, “PARNELL

by any manner of way whatsoever ; together also with all goods,

gear, debts, sums of money, rents of lands and houses, and every v. Walter, &c. (The Times.)

other thing presently in your hands, custody, and keeping, pertain. Mr. Purves (Edinburgh), in his paper said:-Arrestment to ing and belonging to the said John Walter and George Edward found jurisdiction in Scotland is an attachment on a mere statement Wright, or either of them, all to remain in your hands under sure by a party, whom I shall call A., made to the sheriff or the Supreme fence and arrestment jurisdictionis fundandæ causa, conforms to said Court of Session that B., a foreigner, is indebted to him, and that letters in all points. This I do upon the nth day of August, 1888 B. has money or goods in Scotland, within the jurisdiction of its years, before and in presence of Archibald Turner, residenter Courts, in the hands or custody of a person or persons in Scotland, in Edinburgh, witness to the premises. Ro. Gardiner.” The who need not be named. On this statement, which does not re- arrestment for the purpose of founding jurisdiction (always assumquire to be made on oath, or to be supported by proof, the sheriff or ing that the arrestee has goods or money belonging or owing to B. Court of Session, as a matter of course, grants warrant to arrest in his possession) is now complete, and A. is in a position to bring the goods or money in the hands of the custodier or debtor for his action in the Scotch Supreme Court against B. Up to this the purpose of founding jurisdiction. It is not necessary that point, it will be observed, no action or suit served on or intimated either A. or B. should be a Scotchman, or subject to the jurisdic- to B. has been brought, and unless the arrestee chooses to acquaint tion of the Scotch Courts, or even, perhaps, that the custodiers B. of the arrestment used in his hands, which he is under no or debtors should be Scotchmen, if the goods or the money legal obligation to do, B, may be entirely ignorant of the pro. owing be subject to the Scotch jurisdiction. But it is necessary ceedings adopted by A. A.'s next step, as I have said, is to that the custodier of goods should not be a mere servant of B., bring an action against B. to try the question in reference to which holding goods for his master, as in that case arrestment is incompe- jurisdiction has been founded, and this action may conclude tent. The articles or debt to be arrested need not be of value. for any sum whatever, and is not restricted to the value attached "Any property, however small in value” (says Mackay, our learned by the arrestment. The effect of the arrestment is to fix and sheriff of Fifeshire),* is sufficient, provided it is not elusory. What keep property of B. (the defendant) within the jurisdiction is elusory has not been determined; £1 8s. 6d. is not, but the sub- until the question between A. and B., to try which A. has ject arrested must have some mercantile value. Private papers or founded the jurisdiction, is determined. If he thinks fit B. can, on books will not suffice." In a leading case, to be afterwards noticed, finding caution or guarantee judicio sisti—that he will stand judg-. it was argued that if an Englishman forgot his umbrella in Scotland, ment-have the arrestment removed, and obtain possession of his the arrestment of it was sufficient to found jurisdiction, but the goods or money; but his cautioner or guarantor in Scotland must Lord Chancellor (Cranworth) did not favour this exposition of the fulfil whatever the Scotch Court orders in the case. If B. resides law. Having thus shortly stated what this proceeding is, and the in England or Ireland, and his address is known, this action must position of matters which is necessary to its constitution, it may be be intimated to him by registered letter ; but if he is not a British convenient to the society that I should present to it the proceeding subject residing in either of these countries, no direct intimation is itself in actual operation, and that thereafter I should submit a few required, and he may remain ignorant of the whole proceedings observations on the history and effect of this form of attachment which A. has taken. In this way, to put the matter in a few words, and its results in convening foreigners toļa Scotch Court. I have an Irishman may sue an Englishman in the Courts of Scotland for been favoured with a view of the arrestments used in the cause of an alleged slander spoken in Japan, even the echo of which has never Parnell v. Walter and Another (The Times), and I now present the reached Scotland; a Russian may sue a Russian in Scotland, under letters of arrestment to you, stripped as far as possible of that re- a contract made in Russia, and in Russian, and to be executed dundancy which is still too frequent in writs and deeds on the south in St. Petersburgh, although in all probability neither the Scotch side of the Tweed as well as on the north :-" Victoria, &c. : Where. judges nor the barristers nor the solicitors are able to decipher or as it is humbly shewn to us by our lovite" ("lovite” is legal Scotch interpret one word of the contract. (Mr. Purves then referred at for “beloved,” and is applied by Her Majesty in such writs equally some length to the historical aspect of the subject and continued.] to the peasant and the “uncrowned king')" Charles Stewart It is somewhat curious to contrast with this marked assertion by Parnell," &c., complainer, that John Walter and George Edward the Scotch Courts of the right of jurisdiction over a foreigner's Wright, &c., are indebted to the complainer in the sum of £50,000 goods and debts, the manner in which the English and Scotch in name of damages : That the said John Walter and George Courts respectively assert their right to serve a defendant with a Edward Wright are foreigners and do not reside in Scotland, but writ, and if found to try the question raised by the writ. In Scotthey have debts and effects belonging and addebted to them in the land no foreigner (including in this Englishmen and Irishmen) can hands of several persons in this country, which they intend to up- be served with a Scotch writ or summons, or is amenable to the lift and withdraw therefrom to the prejudice of the complainer: jurisdiction of the Scotch Courts, unless he has resided within that Therefore it is necessary that the complainer have these our jurisdiction for forty days continuously before the date of service, letters of arrestment jurisdictionis fundandæ causâ, in manner and to In England, on the other hand, although I must speak with deferthe effect underwritten, as is alleged : Our will is herefore, and we ence in such a presence, I believe that if a writ is served upon charge you that on sight hereof ye pass, and in our name and a foreigner, within the realm of England, such service is good authority lawfully fence and arrest all and sundry goods and gear, service, and the case will be tried by the English Courts. debts and sums of money, and all other moveable effects pertaining or addebted to the said John Walter and George Edward Wright, wherever or in whose hands soever the same may be or can be found to remain, under sure fence and arrestment jurisdictionis ad III W Paix fundanda causâ : According to justice, &c. Given under our signet at Edinburgh the 11th day of August, in the fifty-first year of our reign, 1888. Ex deliberatione Dominorum Concillii.These letters are presented to the sheriff clerk or bill chamber clerk, without affidavit or any voucher of debt, along with a "bill," as it is called, in the following terms :-“ My Lords of Council and Session, unto your lordships, humbly shews your servitor Charles Stewart Parnell, &c., complainer, that John Walter and George Edward Wright, &c., are indebted to the complainer in the sum of £50,000 sterling in the name of damages; That the said John Walter and George Edward Wright are foreigners and do not reside in Scotland, but they have debts and effects belong to them in the hands of several persons in Scotland, which they intend to uplift and withdraw therefrom, to the prejudice of the complainer : There. dos fore it is necessary that the complainer have letters of arrestment

'Mackay's Practice," i. 174.



Pump Court



No. 108.

The Temple Newspaper and Review.

motto is caveat perambulator. Henceforth the maxim to be observed is, “let the thrower beware." It is his duty, if he desire to escape heavy damages, to warn passengers.

CAPTAIN O'Shea's legal origin is probably not known. His father was an attorney in Ireland. The captain is the husband of Mrs. O'Shea, who is a niece of the late Lord Hatherley. The intimacy between Mr. Parnell and the captain is a thing that wants some explanation. The “Uncrowned King" used to be a frequent recipient of Mrs. O'Shea's hospitality at Eltham, where his face is familiar and well known. It appears Captain O'Shea resides in town now; he dates his letters, at least, from some Westminster Chambers.

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The correspondent of the Manchester Examiner says: Mr. Matthews, Q.C., the Home Secretary, was born in Ceylon, where his father was Advocate Fiscal from 1817 to 1828, when he died there, leaving his son Henry, an infant two years old. Mr. Matthews was not born a Roman Catholic, but became a convert to that faith.

De Lege; de Omnibus Rebus et Quibusdam Aliis.

A GOOD story of Lord Westbury, illustrating his perfect

DR. JAMES BRYCE, M.P., the Inns of Court Professor of self-confidence-not to call it anything worse-seems to be

Roman Law, who goes to winter a few weeks in India, is omitted from the numerous anecdotes mentioned in the

not betaking himself abroad for his health's sake, as was recently-published Life. He had differed with his junior said. We shall hear more of his mission by-and-bye. Dr. in a case as to the line of argument to be taken before the Bryce has addressed a letter of encouragement to the Court. Bethell, of course, took his own way, but received promoters of a magazine which is to appear in a few days, little or no encouragement from the Vice-Chancellor before

and which has for its object the rallying of the people of

Armenia to regain their ancient independence. whom he was pleading. His junior, from behind, entreated him, as a last resource, to try him with his point, which eventually was done, and with evidently instantaneous success. We hear that Mr. Murphy, Q.C., whose shooting-box is Bethell turned calmly round to his junior and remarked, at Loch Shin, where Sir Richard Webster was his guest with biting sarcasm, “The silly old man actually takes your this summer, is not likely to take the place for another point !"

season. The Sabbatarian prejudices of the aborigines of

the district have abated nothing of their impertinent interANOTHER story of his brutality and rudeness to his juniors ferences with the learned counsel's enjoyment of that day is left out. At a consultation, a junior, who evidently did of rest. not know the character of his leader, ventured to remark that the case was not such an easy win for their side as it

There are examiners and examiners. The recent Bar appeared to be to Bethell; for there were some arguments examination showed this. We hear that during the viva in for the other side. Bethell asked what they were, and,

one of the subjects, one examiner kept up such a constant thus encouraged, the stuffsman enlarged at some length on what could be said for the other side. His leader tied up the comfort of those within earshot, who were treated to

hectoring of the candidates as seriously to interfere with his papers, and listened without any interruption till his junior had finished, when he remarked : “So that's what should know”—not an original remark, but cribbed from

such observations as “You have no business to think, you can be said on the other side. All I can say is, what

that entertaining treatise “Whist or Bumble-puppy.” This fools they must be on the other side!” And turning on

sort of thing should cease at once and for ever. We shall his heel, walked out.

give names if we hear of this sort of conduct again.

MR. Justice GRANTHAM has at present a small crowd of

MR. JUSTICE H. S. CUNNINGHAM, Puisne Judge of the yelping curs at his heels, who accuse him of slander from High Court of Calcutta, has resigned, and is coming home the bench, of contempt of Court, and other terrible crimes.

to enjoy the autumn of life. His departure from India And all this because he used his position of power authori

will be a source of regret, for he was considered a good tatively to declare the very solid and well-grounded opinion judge in every way. He is still in the prime of life, having that some newspapers are given to gossipy, smart and been called to the Bar in 1859, and he may be expected to libellous statements; and that in the particular case before

continue to augment his already considerable literary re. him he believed what a certain witness had said in the box.

putation. The independence of the bench is a fundamental principle of our jurisprudence and procedure.

The will of the late Lord Sackville, which contained

some handsome bequests for the benefit of the Queen's The learned judge has just given a very good decision Maids of Honour, is to be contested. The interested which rather knocks on the head an ancient fiction : that parties declare that the old gentleman was not so clear as when snow is being thrown off a building, the proper legal he ought to have been in the upper story.

The revising barrister for the Ormskirk division of Lan- action. The existing Law Club only came into existence cashire had to sit on the Grand Old Man the other day. on January 1, 1885; so that this club of which Mr. Lake After all his Bulgarian agitation about Midlothian “faggot speaks is not four years old, and Mr. Lake supported a votes, Mr. Gladstone coolly put forward a claim for a vote proposal that outsiders, who are not members of the proin this English constituency on the ground that he owned fession, should be elected members of the club, and which an advowson somewhere thereabouts. The learned gentle resulted in a second Chancery action against the society. man very properly decided that the claim was as unsubstan. Does not Mr. Lake know that the existence of this exclusive tial as it was incorporeal.

club, numbering about 200 members, has always been like

the old club—a source of much irritation to the members We congratulate Mr. Harvey Clifton on the success

of the society, and prevents many solicitors joining the which has attended his suggestion, which appeared in these

society? columns, in respect of the reduction of the fees to the Incorporated Law Society.

An interesting dinner took place on Thursday evening at the Grosvenor Hotel, Southsea, being given by the

Mayor of Portsmouth (A. Addison, Esq.) to his colleagues Every firm that has occasion to send out large quantities of the legal profession. This was a return compliment, a of circulars must bless Mr. Sloper for his admirable system dinner in Mr. Addison's honour having been given by his of perforating stamps with its name, and so protect them brother solicitors on his being elected to the Mayoralty. from the wholesale theft to which they are otherwise ex- The Mayor presided at the gathering, which composed froin posed. When fifty or sixty, pounds of halfpenny stamps thirty_to thirty-five guests.

thirty to thirty-five guests. In the course of the evening have to be affixed, it goes without saying that the tempta- Mr. R. W. Ford, one of the oldest and most respected tion to pocket the stamps is great to the class of people members of the legal profession in Portsmouth, was presometimes employed; and the evil done goes beyond the sented with an oil painting of himself, the work of Mr. J. value of the stamps, for the firm in addition lose the ad- Carter. The presentation was made by the Mayor on vantage they contemplated of advertising their wares and behalf of the subscribing solicitors, and was suitably remain in the blissful but mistaken belief that all their acknowledged by Mr. Ford. circulars have been posted. Mr. Sloper's system renders useless the object for the fraudulent removal of stamps; (2) It is a prevention against misappropriation of the stamps ;

Last week a meeting of Churchmen was held at (3) It prevents the sale of the stamps so marked.

Gainsbro', for the purpose of considering certain proposals, emanating from Archdeacon Denison, with reference to

the proceedings in Ecclesiastical Courts. Sir Charles Some of Mr. Munton's statements and statistics, at the Anderson presided. The meeting, after discussing the Newcastle Meeting of Lawyers, were anything but en

proposals of the Church Association, with reference to the couraging to the wigged branch of the profession. He

St. Paul's reredos, and the prosecution of the Bishop of pointed out that there are some 14,000 solicitors in the

Lincoln, resolved to send a deputation from the rural country, some 8,000 barristers (a little more than half of deanery to the meeting to be held in London next month, them in practice), and that only about 4,000 actions

at which delegates from all parts of the kingdom, and repreare tried before the High Court every year-giving on an senting every school of thought in the Church, are to discuss average about one case to every barrister. This is misleading the advisability of discouraging further legal disputings in by an involuntary suppressio veri. Supplementary proposi- ecclesiastical matters. tions may be put forth, to the encouragement of juniors in general. 1. Even if there were only one case to every barrister, it is the rule rather than the exception that

At the Spalding Petty Sessions last week Thomas there are several, if not many, counsel in every case, and

Brannan was charged with assaulting James Brannan, his every case has counsel for each side.

2. The High Court

brother.—Mr. Perceval, one of the advocates attending the is in London ; how many counsel are localised in Liverpool, Court, informed the bench that he had fallen into an Manchester, and other big towns ? 3. Of Chancery side

error with respect to these two men. He said the comcounsel, what proportion never go into Court at all ? Vice- plainant first called upon him and engaged his services. Chancellor Bacon made a magnificent income as a con

Next day the defendant also called, but the two men, being veyancer without ever going into Court, and we could men

very much alike, he thought they were the same, and took tion one or two such men of our own acquaintance in the

a fee from defendant. He did not discover his mistake present generation. 4. A large number of causes in the County until arriving at the Court and seeing the two men together. Courts are argued by counsel. How many County Courts

Both now claimed his services, and he thought the best are there in London? How many actions are conducted way to get out of the difficulty was by withdrawing by counsel in them. 5. How many tutors, lecturers, and

altogether from the case, which he did, much to the amuse. coaches in the two Universities of Oxford and Cambridge

ment of the Court. have chambers in the Temple, where upon inquisition the usual verdict is non est? The Bar is not such a desperate

The following letter has been received by Mr. Frederick thing after all. We don't think the Inns of Court need yet Broadbridge, of the firm of Broadbridge and Neild, Liverawhile go into voluntary liquidation and divide the spoil.

pool, from the Solicitor-General :-"Royal Courts of Justice, October 26th, 1888. Dear Sir,—There is no

foundation whatever for the statement that the Government The written address which the President of the Society, intend to introduce a measure for the fusion of the two Mr. B. J. Lake, read at Newcastle, at the recent congress branches of our profession, and should such a bill be introthere, contains the following reference to the Law Society duced by a private member, I believe the members of the Club, “and the facilities of friendly intercourse afforded by Government would be entirely free to take their own course the club, which, since the foundation of the society, has formed

with regard to it. You are quite at liberty to make public an essential part of its constitution, and to which members

use of this statement; and, indeed, I should be glad that of the society are, as such, eligible without any other for

the misapprehension to which you allude should b: cor. mality than payment of a very moderate entrance fee and

rected.--I am, dear sir, faithfully yours, EDWARD CLARKE.” subscriptions,” &c. Evidently the President, Mr. B. J. Lake, who took a very active part in the serious conflicts which have arisen in regard to this club, seems to have forgotten On Monday morning, at 2.30, an alarm was given in the all about those conflicts. How can he say the existing Inner Temple by a messenger, who perceived flames breakclub has formed an essential part of the society since out from a building adjoining the Hall. Two hoses were the foundation of the society? the old Law Club was dis- at once carried up No. 7, Fig-tree-court, and a ladder solved on December 31, 1884, and at that time an action thrown across to the burning building. As soon as the against the society, alleging that the club was an illegal second hose was got into play the flames began to abate, institution, was standing for trial in the Chancery Division, and what seemed likely to prove a calamity was averted by and Mr. Lake was engaged with other members of the the energy and promptitude of the firemen on the spot. council in arranging the terms of the settlernent of that The jingling of bells was heard in Middle Temple-lane and

King's Bench-walk; but by this time the firemen were Oxford, Mr. Justice Field; Western, Mr. Justice Stephen ; breaking in by the basement into the kitchen, where the fire South-Eastern, Mr. Justice Mathew; Midland, Mr. Justice had originated. Thanks are due to the energy of the Cave; Northern, Justices Wills and Grantham; and North Temple Amateur Fire Brigade, among whom were Mr. and South Wales, Mr. Justice Charles. Prisoners only will Houghton, Mr. Bayliss, and Mr. Nevill Geary. Some of be tried, except at Manchester and Liverpool, where civil these gentlemen, strangely enough, had been practising causes will also be taken. within a few yards of the scene of the fire on Sunday morning during church time.

DURING the hearing of an action for slander, which At a meeting of the judges of the Queen's Bench Divi- opened on Saturday and occupied the Court on Monday, sion, held on Wednesday, it was decided by their lordships the attention of Mr. Justice Stephen was attracted by a not to avail themselves of the offer of the Lord Chancellor juror who appeared to be reading a newspaper. His lordto appoint two Royal Commissioners of Assize for the ship asked the juror what he was doing with the paper, but ensuing autumn circuits in place of Justices Day and Smith, received no immediate answer, and then inquired pointedly who are engaged on the Parnell Commission, and conse- whether he was reading it. The juror repled, “No." quently Justices Wills ard Grantham have been selected

The learned judge then warned jurors that if they should be to go on the Northern Circuit instead. The circuits chosen found reading a newspaper while on duty in the jury box by the judges are: North-Eastern Circuit, Baron Pollock; during the hearing of a case they would be heavily fined.

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points of law on which a practitioner requires easilyaccessible information. In these notes, more than once, the authors have given us vigorous and two-sided argu

mentative comments on questions which as yet can hardly Company Precedents. Fourth Edi- be considered settled. We notice, as an instance of accution. By Francis Beaufort Palmer, rate application of legal principles, p. 380: "Query, of the Inner Temple, assisted by whether it might not be said that Tailby v. Oficial Receiver, Charles Macnaghten, of Lincoln's 18 Q.B.D., 25, was decided under a misapprehension of the Inn, Barristers-at-Law. (Stevens and doctrines of Equity ?"

doctrines of Equity ?" We think, from the context, it is Sons.)—We referred briefly to this clear that the authors' observations point to the ground on edition shortly after its publication, which that decision was subsequently overruled in the but deferred for a time more detailed House of Lords. The fact of the reversal on appeal is criticism. Our language was then noted in the addenda, and it will be remembered that the the language of praise, and, after test of invalidity on the ground of vagueness laid down was, careful examination, we not only do whether when the after-acquired property came into existnot recede from our then commen- ence it could be predicated of it that it fell within the general dation, but would rather add to it. words of the assignment, see Pump Court, p. 271. On The Precedents are numerous, and, page 8, Swire v. Francis, 3 App. Cas., 106, might have been as far as we have examined them, cited with advantage. We agree with the authors on the

most carefully prepared. But the question of the liability of a corporation for the fraud of its work goes further, and points out clearly not only the agents as laid down by Willes, J., in Barwick v. English various expedients of Company Law, but also, tersely and Joint Stock Banking Co., L. R. 2 Ex., 259, and we also clearly, their comparative value and diverse effect. In concur in their opinion that such liability cannot be limited addition, we have introductory notes, shortly summarising as suggested by Lord Cranworth in Addie v. Western Bank of Scotland, 9 H. L. C., 711, to the extent its funds have intending students. On the ground of its brevity and comprofited by those frauds. But if the principles enunciated prehensiveness, the present book will commend itself, not in Barwick's case, still sometimes subjected to adverse only to the student of law but also to those whose interest comment, were overruled, we are still prepared to contend in such matters is not professional, and perhaps for that that the corporation could not keep profits resulting from reason all the more keen. After treating of the origin and the fraud and traceable, in their hands. In other words we sources of International Law, its authority and sanction, affirm the general liability; but, if that be disaffirmed, we State sovereignty and territorial rights, he devotes two still deny that the corporation could retain the profits of its lectures of special interest to the Mitigation of War and its agent's fraud. On page 22, dealing with the liability of Modern Laws. Here conspicuously, as throughout all the promoters and others in a fiduciary position, making im- lectures, we see evidence of a desire to conform to the proper profits, to account therefor with interest, we may humane injunction placed on the occupant of the Whewell mention the cases of In re Englefield Colliery Co., 8 Ch. D., Chair by its founder—to aim at spreading such knowledge 388, and In re Anglo-Indian and Colonial Industrial Insti- and such rules as would tend to diminish the evils of, and tution, Times Law Reports, August 9 last, in which interest finally extinguish, war among the nations. The concluding at 5 per cent was ordered to be paid. Reg. v. Registrar of chapter is a very practical one on the Proposals to Abate Joint Stock Companies is reported 21 Q. B. D., 131. On War. Here he deals with the question of International page 131 the list of “cases of ultra vires" is somewhat Arbitration, and the possibility of a judicial proceeding meagre, and to the list of " cases of ultra vires" p. 132, taking the place of a fight. He clearly points out the the important case of Henderson v. Bank of Australasia, defect that any such arbitration is unlike the arbitration for which see PUMP Court, p. 251, will have to be resorted to in individual disputes. A civil arbitrator, as a added. On p. 214, dealing with a transfer to an infant rule, is an eminent specialist

, who has probably acquired a the Infants Relief Act, 1874, and the need for evidence celebrity for just and wise adjudication, whereas “the of a new promise as distinguished from ratification, current of opinion in our day runs distinctly against the it must be remembered that the question for a jury in assumption of any exceptional knowledge for the solution such a case has now been formulated by the Court of of great political and international questions." The differAppeal in Holmes v. Brierley, PUMP COURT, P. 194:-Was ence is well and frankly expressed. It is a difficulty and what was said and done intended to be a new promise, or to a defect which the promoters of arbitration have fairly to merely ratify the old one? With reference to the liability face. Our present experience and observation will make of a Company refusing, after registration of a forged transfer, most of us agree that war is too ancient and too great an to register the real proprietor (p. 215), see the recent case evil to be cured by any one isolated panacea. What all of Barton y. North Staffordshire Railway Company, 38 can help to do is to foster among citizens and among Ch. D., 458. On p. 390, 46 and 47 Vict., c. 55, S. 15 has nations a law-abiding sentiment, and a deference to the been forgotten, the duty on a " mortgage bond debenture broad ethical basis of all law, international or municipal. or covenant being the only or principal primary security for payment, &c.," of money not exceeding £io was, by

Books received:that Act, fixed at 3d., the minimum charge under the Stamp The Annual Practise, 1888-9. (Maxwell and Son.) Ryde Act, 1879, being 8d, for any sum not exceeding £25. On and Thomas on Local Government. (Butterworths). Hastings p. 437, citing Leslie v. French, 23 Ch. D., 552, the more on Fraud and Misrepresentation. (Wm. Clowes and Sons.) recent case of Falcke v. Scottish Imperial Insurance Company, Joint Stock Companies' Handy Book. (Richard Jordan.) 34 Ch. D., should also have been given. The decision of the House of Lords in Westminster Fire Office v. Glasgow Provident Investment Society, PUMP Court, p. 261, will be IS LLOYD'S ON THE “DOWN interesting to read in conjunction with the remarks on p. 446, clause 7, and p. 447, clause 9. On p. 500 it is stated,

GRADE?" “tha: a director cannot be made liable" in an action of

(Continued from page 16.) deceit "unless it can be proved that he made the misrepresentations knowing them to be false, or recklessly :' this undoubtedly was the general understanding until the

The intimate connection which very many Lloyd's underdecision in Peek v. Derry, 37 Ch. D., 541; but the effect of writers have with the Stock Exchange has again and again that case, correctly given by the authors on pp. 53 and 54,

been demonstrated by appearances at thirty-three Carey is that the directors are liable, “where the misrepresenta. Street, W.C. Some have not travelled so far beyond the City tion relied on was made without reasonable grounds for limits, but their affairs have been nevertheless made public, believing it to be true.” It will be understood that we even when private arrangements seemed better for all make these observations in no spirit of depreciation. concerned. In one glaring instance of incumbent liquida“Lindley” and “ Buckley," are standard works on Com- tion, the amount owing to a Stock Broker had to be expany Law, while the notes in “Palmer,” useful as they are, pressed in tens of thousands of pounds. The gentleman are a mapepyou to the main purpose of the work—the purpose referred to was certainly in a large way of business, and of furnishing forms and precedents. The provinces are his brokerage and underwriting accounts together must different. But apart from the value of the forms “ Palmer's have produced about five thousand pounds per annum; Company Precedents" contains much varied practical in. yet this exceedingly comfortable income was not sufficient formation which will elsewhere be sought in vain. It has to prevent so enormous a development of the speculative won for itself a well-deserved place on the lawyer's shelves. mania. It may have been that the fundamental idea of

The Whewell Lectures on International Law. By Henry underwriting, which is plainly speculation-or, to use a Sumner Maine, K.C.S.I. (John Murray, London).-Sir harsher term, gambling-gave the fatal impetus. Henry Maine's executors have done well to publish these News of the suspension of a large man of business travels lectures. It cannot be said that this posthumous volume quickly and gains in importance as people examine the will have the same value and influence as the works of the many probabilities in which, on a recurrence of the disaster author in his own province have had for the past quarter of to others, they may be concerned. A large speculative a century; but there is in his treatment of the present account on the Stock Exchange shows a neglect of the subject the same patient method of examination, the same legitimate; nothing being more conducive to monopolising charm of deliberation and clear insight and exposition which a man's thought, time, and even rest, that the fitful fever characterised all his former writings. Here he has, within generated in the purlieus of Capel Court. A leading man the compass of twelve lectures, epitomised practically the in any sphere has his imitators, and this fact has now been whole ground of International Law, or as the learned author, well implanted in the minds of those who falsely imagined with reference to the inaccuracy of that term, himself ex- that Lloyd's was only a room where Insurance Policies presses it, "of such portions of the International system as were issued and shipping news collected and disseminated. appear to be reasonably settled.” In this respect the

A traffic in so-called "honour policies," whereon overdue present work contrasts most favourably with the ponderous vessels are speculated with, is attaining large dimensions, treatises of the pioneers of International Law, which, how- encouraged, unfortunately, by members of the august Comever necessary for the establishing of some body of rules on mittee. These documents deal with purely mythical interest, the subject, have certainly exercised a deterrent effect upon are not of value in a Court of Law, and can therefore be

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