The Times from London, Greater London, England • Page 3

THE TIMES, SATURDAY, JANUARY 20, 1912. LAW REPORT, JAN. 19. JUDICIAL COMMITTEE OP THE PRIVY COUNCIL. ARCHBISHOP OF BRISBANE'S APPEAL.

pi SXE A3SD ANOTHER BYRNE. jntUmo MACXAOirnra, Lord Hhaw, Lord Thb was an appeol from a judgment ol the High Court 4 Australia of December 1910, rarying U.rkm.v:or. K.C.. and Mr. f.mn.vl for the appelant; and Mr.

Danckwerts, K.C. Mr. Terry P. Wheeler, end Mr. T.

P. Power Lir the pondettt. sppcOaats. the Honun Catholic Archbishop re Ox executors under the will of the I lev. Denis Jowi Ur' omn Catholic priest, of Dlby.

yuereMand. who died in November, 1907, leaving cocasdersMe projx rty. The repoadent ta one i tbr next of Lin ol the testator. the const ruction of two clause, in the will of Father Htrac. They were 1) Is the Iwqurst of he testator's horse, bufo't, and harness luil'v.

and on his death and on. their use. void a being eontrary to the r.al,i Arrhnishcm of mi to he and cxpe or th. Ar.hl.,.1.. jp (flOduetvr th.

1 of in his diocese. decided that feSattS oralis to application oi the residue. The .1 majority three Jndtres to two. ..1 the Supreme lour. on tint i ttut 111.

ol the Iv.Mduc cesso. waa void a not Utng Pi charitable tfft. From that judgment Archbihop Dunne and his rordships would take Trinder Capron, COURT OF APPEAL. poods busiaer igraph 4 of he MocL in tr.de The CoLitT proceeded to boar the i evidence of fraudulent evidence of fraudulent inknpre, The O.t irr dfcmlssed the crow opiwon oalL tnough and the materials th. plaintiff's claim.

Solicit am. Abbott and Hi BANKS. Swuma Eadt.) This waa an action brought by donkey, cattle, sheen. Boat, or other Animals to nn rrrave or feed or remain upon the several piece a dion camcient in the parishes of Mitcham and Beddington known as favour of the Mitcham Common. Upper Green, Lower Green, unsatiafaetory.

they a Corner, regulated and jpportof Baytis, Pearce, HIGH COURT OF JUSTICE. CHANCERY DIVISION. THE LAW OF DISTRESS RIGHTS OF SUB TENANTS. JABVIS v. HEMMINGS.

(Before Mn. Jcsthe VVaiuunoton.) This ease rained an important question on th By a scheme made in pursuance of thia Act in IBM. dellned, power to them waa included to prevent unauthorized persons from turning out cattle or other animals on the common local by laws made by conservators were to Itie aame effect, and the real Mtlwi hi Was mil mm whether the defendant on or not within, these pro visions. defendant set up several defences first, that hod been turned action. Theiitw right to do the ae Iithem.

Then that no beast Mr. Macnaghtc rdefejidant. the issue kLbbsSrS uiherddanVtC tad righU ol Austen inhabitant 1 on their goods when the immediate 1 appeared for the plaintiffs, and Mr. Harry Dobb I superior landlord to serve upon the under tenant I lodger notice (by registered post addressed such under tenant or lodscr uoon the nremisesi i stating amount of arrearj end requiring all future pajni of rent to be made by the under tenant lodger to the superior landlord direct till the I been duly paid. Bach nolle, iv.

discharge for tl piece land at Brewerv, and other property were by equal quarterly naym. nts on th. days. The rent due at Michaelmas, edon the under tenants of iart I notices prescribed by the Act of s.as to srhfeh SMM fence of the defend fendant he claimed I was a right 1 1 Tll that golf were served on them personally plaintiff now moved for an injunetji ering, receiving, or giving a discharge from interfering The defendants insufficient, not having b. served po as required by the Act.

of the defendant appeared in pckMO, dumping ground for anybody and in davs of he 6nsrvat or matter had been very pr. n.i ih it was probably the real point in the case. Rut notiees, liow habitants ineorporatel by the Crown, or some jr body hMl the right vested in them as for the inhabitants. A to the Heddinton opped'by the Inclosurc Act of ton. eotnmon keencr, deposed to rom the d.

fendai the plaintiff's by registered By section 37 of the Trade Maris Act, ItM. a Smtff 2 oS retfSLSTkrtn Peio.afexher an order could be made f. Kerly appeared for the applicant. withmrt sejvmg the Mb. Justice Eve said be was satisfied on the evidence that there had been no bona He user for five yean, bat the question arose whether an order could be made in the absence of the respondent.

The red the trade mark in 1804. so to appear and the defendants this tr. Bodkin said it had always been the Judiea i rwftrtwwti into the High Court the rules a sending" resfondentansdhfa sew abroad to get money for his creditors, and able steps toDdiscovertbe respondent's addreaTbut spondent ought to be treated as having bee an order and the respondent would be ordered ly costs of the application. Solicitors Bristow. Cooke, and CarpmaeL KING'S BENCH DIVISION.

i. isncE PicKTOno, Mb, FACTORY ACT SEAL v. ALEXANDER. a case stated by a Metropolitan magistrate urination laid at the Marlborough strect by the appellant Seal, a factory inspect I respondent, trading as that Alexand, i ou April 1911, being then thr occupier nam premises, the same being a workshop meaning of the Factory and Workshop tOl, at Oxford street, did not furnish iiployed by the respondent and paid by the th a written or printed statement of the partim'a! th? rate of wages applicable to the work to I ne by the said Steaoff as required by section 1 1 the Factory and Workshop Art, 1901, as applied The respondent was the oc workshop at 145, Oxford street. I tailoring worlohop apparel i the a mployed pleo proccedii being turned knew that the he April 26, 19 by the respondent of wage applicable to tl'.

'work to be respondent wearing stop the turning hxjanctson bad been granted as mode of id not specU rervrd. psrties be valu wsi pv. account against tl damages claimed. Tin defendant piamtiu allegations as to peatad paragraph 4 of her n.nt claim. At the Mai the jury awarded the plaintiff 50 on Mr and Mr.

C. rJTER appeared for led i hat I here was no ground Sn noresTt1" i Mireeeded. The judcnient claim judgment ought th a Taylor (5 Q.B.D. t.D.. 3.14).

Tindal Davi SVfttcd that, apart the pleadings in unusual character the regular pn.ctice ivas to 1 and a counterclaim as separate actions for the pur pn of dealing with cost. But here the plaintiff of claim Mid sne wiUing to give er dit for ex7etrng. of course. damaces. It asj tsuumal v.

ntiff he I in hand 1 ri. to eover. The 190 was r.du,rit y. but the plaintiff of.it. and Di.d to claim to treat 1 that, I I lb.

Cm matter stood at it tood now the plaintiff was entitled to judgment for id the defendant was entitled to judgment for 0 of opinion that the principle Uid and the count ereUim should be ihTdlfrghtt' would have considered "'The object of the s. authority for this view than the present one. and Marv.1? aTcmpoi distrained, after noti. house or other most uol ohj. cUd I i i.

i ter. Hi jKiot ihonty. hi l.rd lm landlord Secretary of State. of State on April was applied to the milking, cleaning. sons in such classes before the magi submitted there was appliod if the defendant fuh'ing.

it by prescription i unin'errnptedly Billow. doubt, but that they had decided not to determine Crown Office Rules mlgM apply. Sohcrtors. C. V.

Young and Son CRUELTY TO WHALES. STEELE v. ROGERS. This wss a case stated by the Justices of Cornwall upon their refusal to convict Alfred Jan of cruelty to a whale, the charge being preferred on I ire 3 the bottlcnosed whales swam rn accord and got stranded near Pen tide receded they were left high and merry of the peopb vrt in all probability The respondent i.e., by sticking a clasp knife into its body just below upward direction, inrlieting a wound 4ft, and buffering by and drawing direction. length and about 'in.

in depth. from uh: been PROBATE, DIVORCE. AND ADMIRALTY DIVISION. THK DISCRETION OF THE COURT. JTJDD T.

JTDD TBE KINO'S PROCTOR SHOWING CAUSE. (Befort Uu RJOHT Hoar. SB SaJRTBL ETA3TS, PrttidexL In thai cues the King Proctor showed cause why a decree iooanced on November SI. 11 shouid not be made aUolute by reason of the adultery The iHsilhaiw. Kate Judd.

whew miidf ti name arm, was married to the respondent. Arthur Harri Judd, on October 1MJ, and there was one child Irving issue of the marriage, bora on October 24, etitoo for divorce on the ground of respondent's cruelty and adulters, and a decree Mi wna pronounced on November SI. 1910. Subsequent inquiries by the King Proctor fed the AOorney accordimrlv be filed his idea on May 19. 1 his plea the King's Proctor alleged (I) Tbaa ial facta respecting the conduct of the petitioner ot been brought to the knowledge of the Court kd that on Seotember 20, SI.

and 22, 191, at JO, Leonard street, Peterborough, in the county of Northampton, the petitioner Hvcd with one Ralph Kobson and committed adultery wit Mm. Were. The petitioner by her answer denied the III age mis contained in the plea of the King Proctor. Mr. Rawlinson, K.C., and Mr.

Aimstiong White appeared for the King's Ploctor and Mr. fc tamps. Lambert for Mr. spetitk the Head publichonse PnoCTOB. for the 1 the lkersee Cl t.

and was ontended upon these facts that the re frequently i wboesUM suffering to an animal which is in aniivity Rjg iustification. but that, although the whale was an captivity or close confinement. They accordingly The respondent ltiorer an Hobson during weeks. RtHpiw i place p.riod. I pwell.

vhi. that appear. appellant. be.n how that an animal was brought into apt nit; by tono 'I'U rap. ylii.i recognirol th.

i them, 'i hey Pet.rborough by i Leonard street. There they a Sunday r.icht, ScptemV 2 poiir'e traced hi. wife and of ou. Nottswi said, V. called to them.

'Ihey Some of the people AVOF rUctL I children i giving judgment. rdgretted, bau wbales not the beach men woik iiop within But which was pnrfnwned granted this risrl Ctioil tie S. r. t. toned did not upply.

pondent lterfev? lfumbahrthen" of I Mary hi elongci Jhere which hd templated regrantecl there opinion personal servleo oh granted, ligh Wycombe. GIFTS TO THE POOR. THE CLAIM OF THE CHURCH. i'tid or "ii.i' 'n such obligation an baid provision. The magistrate, held tl iion w.iirnrrp.

arid he d. JL'D respondent's con fright was admitte T'iokk in wivin.r said "I he always I required, IM holder i X' He had employed, work hop. Attnrucy Oeucral against t'anon Pell; the Solicitor General (representing They thought that the Order did not apply spondent carried on business as a tailor in 'i orrintedT tat'enienl yl.r. I Kempe for Danckw trested as separat. pplied in this i onch party Cfje Ctmes NOTICE to Subscribers in Bath, Bristol, and in the South West West of England and South Wales.

SPECIAL arrangements have been made with the Post Office authorities, by which THE TIMES is delivered by post, post free, early in the day for 2 1 2s. Od. per annum. The following places will serve as examples Plact Time of Delivery BATH 1st Delivery BRISTOL Homer. ar and churchwardens id Mr.

T. J. 0. Tomlin Sargant for the Solicit. opening should bTappHM.

weekly among poor and needy persons. 1 In applied the original i was a draft scheme by the Commissioners in 1800. jahrnys applied the balance for church purposes. part question apply "the appeal 'uUustuUve" mcE Avhjry eing temporarily unal ver. he wished to say that its own peculiar facts, and raised.

Mk. Justice Lcsh Solicitor. S. G. Polhill.

MONEYLENDER, BORROWER, AND GUARANTOR. BLAIR v. HOLCOMBE AND ANOTHER. (flrore 31b. Jci away.

Ilobson and thitioner went away too, prcsuia blv to Edinburgh, and when th. heard of the petition. ti Jiving in Robson's house as hnosekceper. and continued doirs up to the present time. i't T.t I h.

,1 and became senoa ly .11. and s.r.ee i eu or less an invalid, and the petitioner had un p. of at Proctor's case was I lemon's having beer du Evidence iv. in Judd with the child on "eptsanhse 1 9. Pt.no.

Nin.v hich followed the petitioner nasi Robson to he me ar 'if. September. IWI, and avi night of Beyl mber time, or had been Kuilty Norman ea re evjd.ree irht S. ptcnbcr I benu: tn.re. Tii took Kobson sUy'ing I petitioner.

aL.l Cross examined. It was untrue that he drank en guilty of cruelty living with another th Peterborough. She left on September la. He had the costs." He had 'not communicated King's Proctor. Thk PrrmoxER's Care.

conclusion of the King's Proctor's case nee, taken on commission, of Iialph Robson when on his way back to Edinburgh, where he lived, and engaged her as his housekeeper. At the Normans' lie took two bedrooms and a sitting room he slept i and the petitioner and her little Cirl i I SORrTTOX, in giving judgment, said time or place. After leaving tho Normans the the facts were that the defendant. Mr. Calvert, owed TtolLndon oThi io boil CMC to the plaintiff, who waa a moneylender.

from London to Edinburgh the petitioner joined and pJdgmeat WU against him. Calvert the train at Peterboiugh and went on to Edinbtirgh t.ankruptcy petition i bankrupt, and aceordingly he came 1 thereupon the plaintiff presented a petition, and wanted to avoid being made a dVand accordingly be came to the Bank Court on the day on which the petition was JAMES EL LI MAN v. FATHERS Ql AH AND The plaintiff was the proprietor and manufacturer Elliman's Universal and carried his under the name and style of Ellima: tons, and Co. On December 15, 1903, the plaintiff respondent nfractors Vy petiUo'n. and 'to pay the trusteeship regulated I rary to the fact, that they were in elonging to the plaintiff and from which the plain manufactured and sold tho embrocations known 1 Elliman's Universal Embrocation for human se and "Elliman's Royal Embrocation" for rses and cattle, also from selling or advertising representing any recipe as being a recipe for EUi by nThe aetualouetwns nusecl bv the present applica charity ought to be applied as to 5 4.

for eleemosynary purposes, and as to the balance for MiuMiea! punoMs oi hovr such iaeome hhould be applied; of the parish oMVestHam, or aomeand which of them. part thereof and application r. as made tliat as far a e.ssary or roper a xeheme might be directed in r. ren to'tlu; chnrity and for the appointment surplus income after paying the Mr. Rome i little Pei.i.v FROME 9.45 Jn.

CARDIPP I0J0 WF.LLS 10.45 TOROUAY 11J5 PLYMOUTH 11.45 Subscribers and readers in the districts affected, who desire to avail diemselves of this service, are invited to communicate with THE PUBLISHER Printing House Square London, E.G. eeclosiastical purpose, supplying curates. ra large and populous parish. The deed hadeen ion" or Elliman's Royal Embrocation, recipe for the manufacture of embrocation offering or inducing others to represent, the plaintiff manufacture as being plaintiff now moved to commit the defendant and i plaintiff! iuah to prison for having on certain days continued and persistent breaches of the injunction. 'It appeared from the evidence of a Mr.

Chadwick that during the month in question Eather Sequah had a stall in Oak street, a busy thoroughfare in Manchester, and in the evenings addressed passers by and soon attracted a considerable crowd round provisions of th i. Uon to any Mich apnli' the se. ion wei Order apply t'u might be eessary for adaptinj. tnisrht apply th admitted that the orde under the first part of section proyidiSThat FvTl'. oftbT Thereupon I happened nUefjff held as security Befttrfna room, and the Registrar pay t'300 odd down to ut that offer was re de by Holcombe to ining 50 in 14 days, iin shares which the parties went into the parties then a this.

The agreement Holcombe'' that position for the last ten leave her husband. He had not realized that be had compromised either the petitioner or himself by engaginsr her as housekeeper. He bed no affect loo i from London, because and arranged 1 too ill to proceed for the petit to late Judd. the petitioner, said that her married had been unhappy and her husband had been was contended the respondent had, been brought within staying with her sister there after she had left. Ho offered her a position as housekeeper, which she accepted.

He then went to London, and later on wired her to join him at Peterborough on the night and putting in Holcombe's name. the journey. He asked her to stay and attend to written in an agreement by Holcombe j.h w. th VnmJu' kmin. to redeem the shares for 30 in 14 days.

Holcombe Robson encased rooms. She had a separate signed that document, which waa dated June 20 wd thedd. ItVas untrue she occ 1911. Hok ombedidot deny the the same room as Mr. Robson.

After the disturbance liable, on the ground that there was no consideration KlKtcTa ho use. where she stayed that night unknown i Lordship, how 1 Moneylendei ct I She denied evlender who as rristered tross examined. Act in 1908 as D. Ramsay, borough by neiaion rrf the House rj ber 22. housekeeper, and.

she had 1 een th ed having left Peter on Uie nigbt said took tuined i bag packets raigne of our sov'aigne ladie Elisabeth by freJand' and WM made between Nicholas Avenon, cytyxyn and merrhanlaylor," of 1ondon. of the one part, and William Bookes and others of complaints, and he indigestion and mUinedhe reiip packet of Prairie Flowers. He then proceeded aiT's Embrocation your own houses." took two or thive ordinarv medicine bo to ea of which ho poured liquids froi the 7 did factory or workshop, a seedtTCi indirectly working in eonnexii orkshop, contrary Ordcr did not apply, pointed if a workshop iWt perhaps that used as a serious argument. But sought directly ns. of whom Stenofl hey were outworkers workshop, and the an attempt every Saturday.

I Ham Council expressed the wish that the surplus mhmiion md, income, except 5 should be applied for eleemosy ZgESttJ? The vicar and churchwardens wished for a scheme you bottle to buy it. There distributable, ry pres. to the sermon. He also referred to Attorney Cieneral v. Master of Brentwood School (1 M.

and 376) and Attorney Genera! r. Ironmongers Co. XI Cr. and with or similar to the plaintiffs recipes, 37. fo, j.r..

hil.ii. outworkers: but penalty was imposed on penalty to a bu in. prohibited "such proccedii be dismissed, ppead lirered judgments said This is Elhman i Kenorts. I ss to the I having I 1911, to D. Ramsay monev was lent to registration.

tne piamiin goi juasmeni Septem i both sides having addressed his then regirtered bankruptcy petition in accordingly drew 1 by hin tioner. and counsel registered, he thought i BlS5 plaintiff was a regi i "mat it "tedtoo Jotig evidence of adultery Then I ask your Lordship to exer Bawujisox. On the question lorthe future guidance of the being D. Ramsay, and. having rour discretion.

obtained iudmnent and the name when the transaction of loan waa carried appeal must Lcsh de would i There also evidence that the nurv toemwider how tho income be applied. The Court's duty was to give effect having regard to the altered circumstances, Mr 8i.iuiAKT also addressed the Court, supporting rtn? was adjourned until Monday ext. Solicitors. Treasury Solicitor Mitchell, Lucas, and MitoheU i HiUearya. REPORTS OP COMMERCIAL CASES.

About atx numbers of On Ill Com." are iaeued from rmu Times Office during the year. Price as. Od. each copy, or Its. per annum.

Part VI, VoL XVI. (October, ltll). NOW BEADY, and can be obtained from the Publisher, Th Tuna Office, prmtmg house equare, 8.0. with the notice of the motion i Mb Justice Nhtoxb. Take sauah was a grow contempt of Court.

The defendant, who had been personally Ith the notice of the motion and copy aff copy affidavits, SMOLLENS. (Btfort Mn. JmmcH Evn.) This was a motion to rectify the register of trade The trade mark consisted of the word ApoQo aonlled to safety mm and wa. registered in 1904 c.SoUcitorto the TreaBury; STATUS OF CENTRAL CRIMINAL COURT. REX v.

PUCK AND CO. (LIMITED). Rule nisi for certiorari to remove Indictment froi the Central Criminal Court to the High Court. Mr. Bodkin appeared to support the rule; no appeared to show cause.

Mr. Bodkin said the rule was moved because tl defendants, being a limited company, could pload at the Central Criminal Court, but only in High Court by their attorney I and no trial could 1 itTamat Avon. is" it quite dear that nmiton company nas not oeen I rriLinal footing as an Assise Court, SfcaS 4 a limited PnvSto. (Sod Si. p.

SOI it to told don vu said thdt because of the chamre of the I registered name the transaction was bad under section 2 (1) of the Moneylenders Act, 1900. which provided that A moneylender as de lined, by Una Act fc) shall not enter into any agreement in the course of his business as a moneylender with reap, ct to the advance and repayment of money, or take any securitv for monev in the course of his business as a moneylender, otherwise than in his registered name and the recent case of in re Campbell, ex parte Seal (1911, 2 K.B., 992), waa relied ppon in support of intJ King's Proctor in would adjourn tho ould hear argument on the question of Capel Peters. DECLARATION OF LEGITIMACY. THE ATTORNEY GENERAL (SHELMEBDIXE CITED). (Before Mn.

Jcsncn Baxghavx Dxajnt) This I (an infant) by I Eve default of defence strainst the debtor guardian ed Kfess, under the Legithnaey Declaration an action upon certain promisnory notes. Th.re Act, 1858, praying that she be declared the lawful agreed topay the debt by instalments, and all and cicely Shehnerdine. stayed. 'The Court held that the arrangement thus for thc Petitioner; Mr morvevl nder in the rourse of his busineas as a money for Francis Claude Shehnerdine, the party cited HUB (lntItaaitMaiUtaa, lot am. i wtoa.