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VOL. VII.

Pump Court

LONDON, SATURDAY, APRIL 21, 1888.

PUMP COURT.

The Temple Newspaper and Review.

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No. 79.

THE heated correspondence which has been appearing in the Sheffield papers, re the "Fox" assault case, has resulted in a crowded town's meeting, convened and presided over by the Mayor, at which resolutions were passed and ordered to be forwarded to the Lord Chancellor and borough members, protesting against the inadequacy of sentences recently passed by the recorder, Mr. Lockwood, Q.C., upon the two betting men named Oxley and Lambert, who were convicted of unlawful wounding. They committed a savage and unprovoked assault upon a tradesman who was passing a public-house door. The recorder sentenced one of them to two months', and the other to one month's imprisonment.

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THE present sittings of the Law Courts promise to produce one cause célèbre for the entertainment of the public. It will not be Sir James Hannen's division this time which will have the cream of sensationalism. The Queen's Bench will be the scene of the trial. Mr. Hugh O'Donnell's action is entered for hearing, and from its position among the special jury causes, probably a fortnight hence one of Her Majesty's judges ought to be presiding over an investigation as to the accuracy of the Times articles concerning "Parnellism and Crime." The talk among the Bar is as to who will be the judge. In days gone by, all such litigation was monopolised by Lord Chief Justice Cockburn, but the present head of the Common Law Division rather shrinks from such tasks, and the duty of trying the case will probably rest between Baron Huddleston and Justices Manisty and Hawkins. It is said that Mr. Parnell has promised to attend on the plaintiff's behalf, even without a subpoena.

It is now said that the new Chancery judgeship, which Her Majesty is to be asked by address from Parliament to create, will probably be offered to Mr. Seward Brice, Q.C. The other most eligible candidates for the new appointment are Mr. Compton Lawrance, the member for the Stamford division of Lincolnshire, and Mr. Ince, Q.C. Mr. Romer, Q.C., was mentioned, but he has no desire to relinquish his extensive practice.

THE Queen has approved of the appointment by the Home Secretary of Mr. William Harry Nash, of the Oxford circuit, to the recordership of Abingdon, vacant by the recent appointment of Mr. Bros as a metropolitan police magistrate. Mr. Nash was called to the bar at the Inner Temple in 1873.

THE discovery which was made in No. 4 Court of the Queen's Bench, where Baron Huddleston and a special jury were trying a libel action, that a beam partially supporting the ceiling had given way, is thus amusingly described by the Manchester Guardian: "The law's delay is proverbial, but lawyers are not always tardy. For instance, there was no delay whatever, in Baron Huddleston's court yesterday, when the Superintendent of the Royal Courts of Justice informed his lordship that a beam in the roof had given way and might come down at any moment. The court was cleared in the shortest time on record, and the Superintendent and his men were left to enter a stet processus with regard to the beam."

SIR E. WATKIN has explained his position with regard to Irish self-government in a letter to a contemporary. points out that the only pledge he gave to his constituents at the general election was to assist in preserving the Union by adopting the just principle of equality of treatment. The Government, he observes, appear to ignore the majority-and to condemn all Ireland because of the action existence of a great loyal minority-it may be a timid of a portion only of the people of the sister isle. In placing his notice on the paper, "That no measure of local government will be just, complete, or satisfactory, which does not provide for county and provincial local government in Irethe true interests of the people of Ireland as an integral porland, of such scope and on such principles as may best serve tion of the United Kingdom," he did not intend to impede the second reading of the Local Government Bill. His proposal, he considers, is really a rider to the motion for the second reading. At present no alternative is presented. between strict repression and complete repeal, and he wishes to see established a half-way house of conciliation, which might be accepted as a beginning of better things, by very many, if not by all. In conclusion, he expresses the opinion that it is the duty of the Government to show their proposals for Ireland before the end of the session.

MR. COMMISSIONER KERR will have his little joke, and may be relied upon never to lose an opportunity of " tickling the ears of the groundlings." In the City of London Court on Thursday, the Commissioner heard an application to have a case tried in the absence of one of the principal witnesses. The defendant stated that the captain of a ship was away, and he was kept waiting for nothing. He did not owe the money, and did not know what he was sum

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moned for.-His Honour: You are an Englishman, and live in England, and one of the Englishmen's greatest privileges is to be summoned.-Defendant: Well, I can do without it. His Honour: The best thing you can do is to wait until the ship comes back, and then seize the captain. Defendant; But he is not coming back.-His Honour: Then wait a reasonable time, and apply for the case to be tried without him.-Plaintiff's Solicitor: Can I have my costs?-His Honour: Oh, no; that is all some people live for.

It is beginning to be pretty generally thought amongst the general public that the provisions of the Criminal Evidence Bill which enable prisoners and their wives or husbands to give evidence at the trial are most valuable to an innocent man and most dangerous to a criminal. The measure is introduced in the interests of the prisoners-and ostensibly of justice-and is one of the signs of that public feeling which has been aroused in favour of giving an innocent man, wrongfully accused, an opportunity of clearing himself. Further legislation to that end may be expected before long.

It is, however, to be hoped that sentiment will not be allowed the upper hand too completely. The opposition of the great majority of Irish members to the extension of its provisions to Ireland is thoroughly natural. Moonlighters, plausible and quick-witted though they may be, would be very likely to "give themselves away " if called upon to answer questions from the dock, and from their own mouths would the truth come for once in a way. Awkward secrets, too, not unconnected with the National League, might be elicited by quick-witted counsel, and altogether it would be a bad time for the amateur liberators and law-givers of the disthressful counthry. But they may be sure that a Bill of this kind, if passed at all, will refer with equal force to all parts of the Kingdom. If it were denied to Ireland it would then be thrust forward as one more Irish grievance.

UNDER the heading "Interesting to Authors," the Pall Mall Gazette refers to a case which was heard in the Westminster County Court on Thursday. It was an action brought by Mrs. Abercromby to recover from the defendants, the London Literary Society and J. Playster Steeds, who carry on business at 376, Strand, the sum of £43 10s., money paid to them, and also for the return of the manuscript of a novel called "Dolly Derwent." It was stated that the plaintiff, having had a manual placed in her hand, issued by the defendants, in which tempting offers were made to authors and authoresses unable to publish their own works, she wrote to them, and, having at their request, paid £1 to join the society, agreed to pay them £65 to bring out the novel. Money and manuscript were sent early in January, but the plaintiff could obtain no proofs of her book, nor were any sent till she had instituted legal proceedings in the case. She then declined to accept them, and the present action was brought. The jury returned a verdict for the plaintiff, and judgment was given for the amount claimed, with costs. glad to see that the London Literary Society lost the day. Mrs. Abercromby deserves the thanks not only of all literary aspirants, but of all who know how cruelly this sort of literary agency business is often conducted, roseate hopes being held out to amateur authors which are never likely to be fulfilled, but which serve as a means of obtaining fees, subscriptions, and the like. If there were more Mrs. Abercrombys, with pluck enough to make a stand against the system pursued by the London Literary Society and Mr. Playster Steeds, it would be impossible for men to wax fat upon the profits of businesses of such very doubtful utility, and fewer women would have to mourn the loss of money which they could ill afford to spare.

We are very

THE case of Simkin v. The London and North-Western Railway Company was tried in the Queen's Bench Division

on Friday, and resulted in a verdict for the plaintiffs, damages £500 as to one of them and £56 each as to the two others. The damages were in respect of injuries suffered at Bletchley Station, in consequence of the horses of a wagonette being started by steam blown off by an engine standing upon the line. The accident arose in consequence of the line being not properly fenced or screened from the sight of the horses.

THE Solicitor-General, on Saturday morning, said that if companies were held liable to fence the railway wherever it ran near a road, that ruling would be applicable to hundreds of miles of line. He asked that the opinion of a Divisional Court might be taken upon the matter. Justice Manisty said, to his mind, that verdict was perfectly satisfactory. After some discussion, it was arranged that the defendants should have liberty to appeal upon paying £100 on account of damages, and also costs.

WE referred last week to the openings in Africa for briefless barristers. Here is another chance. According to the official announcements published in the Singapore and rewards are paid by the Government for the destruction of Straits Settlements Directory, 1888, the following scale of ments, viz., tiger, full-grown, 50 dols.; half-grown, 15 dols. ; the undermentioned wild animals and reptiles in those settlebears and panthers, full-grown, 20 dols.; half-grown, 10 dols. Crocodiles, pythons, and various kinds of snakes under 1 ft. in length, 25 cts., advancing each foot up to 14 ft. and under 30 ft., to 5 dols. each. To the lover of sport and adventure the above (considering the great supply) appears to be a profitable opening for combining pleasure with profit.

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A RETURN has been issued of the resident magistrates in Ireland, giving their names, ages, when appointed, salaries, and former vocation. There are 75 of these gentlemen, and the tenure of office of all of them depends on the pleasure of the Lord-Lieutenant. Their salaries commence, some at £300, and others at £425, increasing periodically, the maximum salary paid being £800 to Mr. T. Hamilton, of Donegal. Thirteen are barristers, the sole qualifications of 17 are that they "served in the army, 19 were constabulary officers, and others were justices of the Peace, civil servants, officials in the Indian Government, high sheriffs, civil engineers; one was in the navy, and one is returned as of no former vocation. The ages another was secretary to the Tipperary Agricultural Society, at the time of appointment vary from 27 in the case of Mr. R. A. Massy, of Listowel, Kerry, to 53 in the case of Mr. F. Miller, of Wexford. Nine of the magistrates were those of the sufficiency of whose legal knowledge the LordLieutenant had expressed himself satisfied within the meaning of Section 22 of the Prevention of Crime (Ireland) Act, 1882; nine were those of the sufficiency of whose legal knowledge the Lord-Lieutenant had expressed himself satisfied within the meaning of Section 11 of the Criminal Law and Procedure Act, 1887; twenty-one others combined both these qualifications; one had both these qualifications, and was also qualified under Section 1 of the Crimes Act of last year; and one was qualified under both Sections I and II of the Crimes Act of last year, but not under the Crimes Act of 1882. Thirty-four have no legal qualification.

THE resident magistrate in Ireland is not as members of the subordinate bench are elsewhere. He is very much of a commander of troops, an executive officer presumed to be endowed with special faculties for emergencies. Yet he has, as part of his functions, to try cases of varying gravity in court, and it might be assumed that he needs a passable knowledge of law and of the rules of evidence to enable him to acquit himself with credit. But by the official return just issued, it would seem that the latter requirement is not, by any means, considered essential. Out of a total number of 75 resident magistrates, 34 are stated

to have no legal qualification in the professional sense. Therefore, nearly half of these magistrates are neither barristers nor solicitors; if they have any knowledge of law, they have picked it up promiscuously and not systematically. Their professional skill resembles that of the Irish fiddler who was asked whether he played by music or by the ear, and rejoined, "Neither one nor the other; by main strength, be jabers!" The new appointments have called forth many comments upon the position and its duties.

LORD ROMILLY, who is Clerk of Enrolments in the Chancery Division of the High Court of Justice, in which capacity he receives a salary of £1,200 per annum, has just completed his 53rd year, his lordship having been born on April 12, 1835.

THE following incident is said to have occurred on Thursday, after a discussion in court between Justice Kay and a well-known Chancery barrister :-Justice Kay: "I can teach you law, Mr. but I am afraid I cannot teach you manners." The barrister (pausing): "Er-no, my lord, I am afraid not."

DISTRAINT has always been a difficult and risky matter, and should never be undertaken except by authoritative legal advice. Judgment was given at Bromley, Kent, last week, by Judge Homersham Cox, in a plaint brought by Mr. John Wood against the Rev. J. Newton Heale, vicar of Orpington. An amount being due for extraordinary tithes, the defendant seized a large quantity of sheep hoofs, which are valuable for land dressing, but afterwards, considering the hoofs of doubtful value, he returned them, and a fruit van was seized in their stead. Mr. Wood contended that this was an illegal act, as sufficient value to satisfy the claim had been secured at the first distress, and the return of the van and damages were now sued for. His honour found for the plaintiff, with costs, in regard to the van, but non-suited him with regard to damages.

A DISTRAINT for tithes due to the Rev. W. Eliot, vicar of Aston, was made recently at Moseley Hall, near Birmingham, the residence of Mr. Richard Cadbury, head of the firm of Cadbury Brothers, the well-known cocoa manufacturers. The amount claimed was 16s. 4d., being the apportionment of tithes redemption in lieu of tithes for a chapel in Upper Highgate Street, Birmingham, belonging to Mr. Cadbury. On reading the warrant, Mr. Cadbury said he declined to pay the amount as a matter of conscience, and disputed the legality of the bailiffs coming to his resisidence, which was out of the parish of Aston. The chief officer explained that, under an old statute, members of the Society of Friends existed under certain disabilities. In an ordinary case the distraint must be levied upon the premises in respect of which the tithe is due, and the goods seized are kept impounded for a certain number of days; while in the case of a member of the Society of Friends, the residence of the person owing the tithes can be visited, wherever situate, and the goods can be sold immediately. Under the circumstances, the officer said he had no alternative but to seize some property to cover the amount of the claim, and asked Mr. Cadbury if there was any article which he would prefer that they should remove.

bury said he was afraid that by pointing out any article for removal he would himself be assisting in what he understood was an illegal seizure, and the bailiffs, not wishing to disturb the privacy of any of the rooms, seized a clock which was hanging in the hall, and which in amount would about cover the value of the tithe redemption charge and the expenses.

THERE really ought to be some official censor of the names of streets. Lord Magheramorne and his colleagues are evidently unqualified for the delicate task, for the Metropolitan Board of Works has approved of a new thoroughfare at Greenwich being named "Ruddigore Road, S.E."

A nice sort of name for an elderly and nervous female to run up against on a dark night! If this system were to be continued, "Old Bailey" might become "Trial-by-Jury Street;" the thoroughfare in which stands the residence of the Japanese minister in London would be naturally called "Mikado Street; " the roads in which are homes for orphans might be named after the "Pinafore" opera; and the quarters in which reside well-known juggling financiers could appositely be christened "Sorcerer Square" or "Pirate Crescent."

PALTRY in amount, but curious in its bearings and all that the decision involved, was a case tried at the Woolwich Police Court on the 7th instant. Henry Coombs, builder, of Plumstead, was summoned by Francis Standing, journeyman bricklayer, for 8 d. in lieu of one hour's notice. Complainant said that he had been employed by defendant for three months upon a large masonic temple in course of erection near Woolwich Arsenal Station, but last Saturday, at twenty minutes past one, he was paid off without notice. It was a rule of the trade to allow a bricklayer one hour's notice in order that he might get his tools together, and in this case the effect of his sudden dismissal was to keep him from taking another job on the Monday, as his tools were locked up and he could not get them. Defendant: It is usual to allow carpenters an hour to grind their tools, but bricklayers have only a trowel, a plumb rule, and a couple of lines, and I have never heard of their being allowed notice. Complainant: I have 50 or 60 tools. W. Sargent, a bricklayer, testified that the rule of the trade was to allow an hour's notice, as a man's tools were often all about the building and would take time to collect. The defendant discharged him as he did the complainant, without notice. Charles Bird, another bricklayer, gave similar evidence, and said that the rule of an hour's notice was recognised by the trade society of which Mr. Coombs had been a member. Defendant replied that he had been a working bricklayer, and neither in the society nor out of it had he ever heard of such a rule. He had never been asked for an hour's notice by a bricklayer until now, but carpenters always expected it. Complainant: A carpenter has two hours, and a bricklayer one. Mr. Marsham dismissed the summons.

THE charmingly-situated church at Penn, near Wolverhampton, was crowded with spectators to witness the recent marriage of Miss Katherine Josephine Hickman, daughter of Mr. Alfred Hickman, of Goldthorn Hill, to Mr. R. E. C. Kettle, barrister, the eldest son of Sir Rupert Kettle, of Compton Road, Wolverhampton. Beautiful weather also caused a considerable number of people to line the road leading from Goldthorn Hill to Penn, where several tastefully-decorated arches had been erected bearing mottoes, including "Long life and happiness be yours,' May prosperity attend you," and "Health, long life, and every blessing." In front of the entrance to the church an evergreen arch had likewise been erected.

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AT the parish church, Danbury, near Chelmsford, the wedding of Mr. Fielding Clarke, Chief Justice of Fiji, and Miss Mary Milward Pierce, eldest daughter of Mr. J. Timbrell Pierce, J.P., of Fretton, Danbury, the other day, excited great interest in the district, the Pierce family being greatly respected. The officiating clergymen were the Rev. T. P. Bridges, Rector of Danbury; the Rev. H. C. Milward, Vicar of Redditch (uncle of the bride); and the Rev. Canon Bulstrode, Rector of St. Mary Stoke, Ipswich.

HERE is a rather absurd satire on our noble selves. If a man wished, according to law, to give to another an orange, instead of saying, "I give you that orange," the phrase would have to run thus :-"I give you, all and singular, my estate and interest, right, title, and claim, and advantages of and in that orange, with all its rind, skin, juice, pulp, and all right and advantages therein, with full power to bite, cut, suck, or otherwise eat the said orange, or give the same

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