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157 Law Times 487 (1924)
No. 4237

handle is hein.journals/lawtms157 and id is 697 raw text is: THE LAW TIMES THE JOURNAL OF THE: LAW AND THE LAWYERS WITH WHICHI IS INCORPORATED THE COUNTY COURTS C4RONICLE & GAZETTE OF BANKRUPTCY Vol. 157 Saturday, June 14, 1924 No. 4237 REPORTS. REPORTS-Coatawed. LEADING ARTICLES. &c-coinued. JUDICIAL COMMITTEE OF THE PRIVY ADIiI.ALTY BUSINESS SEALE, HARE, AND Co.,Re.-Banlruptey (Cli.) 492 COUNCIL THE RtSSLAND.-S1)-Salvag-Repairs-Mari- LELYVELD V. PEPPERCoHN.-Landlord and FOR (ap.) . RCI. time lien-Psesory lien-Priorities-Bal 763 tenant-Rent restriction (K.B.) . . . . 492 ATTOItNEY-GENERAL FOR ONTARIO (app.) v. RCICISTEL VINNEN-Ship-Damage to arg ABRAHART V. EBSTER.-Landord and tenant PROCAL INSURERS AND OTHERS (resps.); AT- -Leaking rivet-Unseaworthincss . . . . 707 -Rent restriction (K.B.).492 TOltEY-GENERAL FOR CANADA (intervener).- Canada (Ontario)-Insuraneo contracts . . . 738 LEADING ARTICLES, &c. LAW LA..................... 493 SUPREME COURT OF JUDICATURE EDITORIAL TOPICS AND LEADING CRINLAWrN Q Sessions . 493 COURT OF APPEAL ARTICLES. - Amendment of Notices of LEGISION........... 493 AGA KHAN v. TasiEs PUBLISHING CoxPANY.OCSOA OE...........9 DAwsoN v. SAME.-Pratice-Libel-Pleaofa Increase............ 487 GENERAL INTELLIGENCE. - oae Early DASO . AA plPaciea.............f..746 THE CONVEYANCER...........489 Ecclesiastical Law of England.............496 comment- Rolled-up NOTES OF NEW DECISIONS LAW SOCIETIES-The Law Society-Law LIPTON (B.) LIMITED v. BELL.-HAYES v. SAME.- AYSCOUGH v. SHRED THOmsON AND CO.- Association 498 Deed of arrangement . . . . . . . . 749 Contract-Arbitration (H.L.) . . . 490 PROMOTIONS AND APPOINTMENT$ . 499 B. V. B.-Divorce-Custody-Child under age of SOUTHPORT CORPORATION v. ATTORNEY- NOTES AND QUERIES....... 490 sixteen-Adultery of mother-Access of .. 754 GENERAL AND OTHERS-Electric lighting- LEGAL OBITUARY-Mr. Justice Mason-Ar. HIGH COURT OF JUSTICE Tramways (HI.)........ 480 William Francis Farrer-Mr. Thomas Henry PROBATE, DIVORCE, AND ADMIRALTY ANGLO-BALTIC AND MEDITERRANEAN BANK Gardiner . 499 DIVISION v. BARBER AND Co.-Company-Voluntary COURT PAPERS-TrihityStings 1924 (King's DIVORCE BUSINESS liquidation (C.A.)........ 491 Beach Division)-Rota of Registrars . . 499 HOPE V. HOPE AND JOHNSON. - Divorce - ATT.-GEN. v. WESTMINSTER CITY COUNCIL.- GAZETTES . . 502 Practice-------------------------------761 Local Government-Public lihrary (C.A.) .-491 BIRTHS, MARRIAGES, AND DEATHS 5 04 Notices to Subscribers, Advertisers, and Correspondents, page 504 THE LAW AND THE LAWYERS Business in the King's Bench THE lists of actions for trial in the King's Bench which we publish this week only confirm what we have consistently pointed out for a long time past, namely, that, despite the shrinkage of work, the common law courts are getting very seriously into arrear. Only six weeks remain before the courts close for the Long Vacation, and up to the 6th June 169 special jury, 196 common jury, and 442 non- jury actions await hearing. Leaving out of con- sideration those cases which have been standing over for one reason or another, the first of these lists dates back to the beginning of March, and the other two to February. It is not surprising that actions are being settled or withdrawn for arbitration, and nearly as many disappear from the lists from these causes as are actually heard by the King's courts. We have always held the view that it is better that judges should suffer enforced idleness for a short period- a very unlikely occurrence-rather than justice should be denied to litigants. And unless some steps are taken to re-inforce the depleted numbers of the King's Bench judges the protracted delay will amount to such denial. AMENDMENT OF NOTICES OF INCREASE BEFORE the Rent and Mortgage Interest Restrictions Act 1923, a notice of intention to increase rent, in which there were any material errors or omissions, was regarded as an invalid notice for the purpose of sect. 3 (2) of the Act of 1920, and no increase of rent based on such a notice was recoverable, by the landlord. To obviate this hardship, it was provided by-sect. 6 (1) of the Act of 1923, that the County Court, if Satisfied that any error or omission in a notice of intention to increase rent, whether served before or after the passing of the Act (the 31st July 1923), was due to a bond fide mistake on the part of the landlord, should have the power to amend 'such notice by correcting any errors and supplying any omissions therein, which if not corrected or supplied would render the n6tice invalid, on -such terms and conditions as respects alrears of Second Sheet. rent or otherwise as might appear to the court to be just and reasonable. Further, if the court so directed, the notice as amended was to have effect and to be deemed to have had effect as a valid notice. It will be seen, therefore, that the County Court has been given a Very wide discretion in amending such notices, and no broad principle, other than that contained in the section itself, can be laid down, as to when the court'should and when it should not exercise its power of amendment. So long as the mistake is a bond- fide mistake on the-.part of the landlord, the court is apparently given a free hand in the matter. This provision is in this respect very similar to sect. 4 of the Act of 1923 (replacing sect. 5, of the 1920 Act), whereby a wide discretion is given to the court in-grariting~or refusing to grant orders. for possession. In either case, however, the discretion of the court must be exercised in a judicial manner, regard being paid, on the one hand, to the purpose of the provisions of the Acts, and, on the other hand, to the special conditions presented by each case. It seems hardly necessary -to add that where the court in either case has exercised its discretion on reason- able grounds, an appeal court will not disturb its decision, even though the members of the appeal court might differ from the court below, as to the manner in which they them- selves would have exercised their discretion on the facts of the particular case : (see Grandison v. Mackay, 1919).. The court has a discretion, not only as to whether or not the notice should be amended, but also, it should be observed, as to whether the amendment should be made on any, and, if so, what, terms or conditions. Furtherinore, the court is given the power to direct that the notice as amended is to have effect as a valid notice in the future and (or} that it is to be taken to have had such affect during the past, which will generally be as from the original date of the notice. It is important to consider the possible effect of such an amended. notice. Firstly, is such in amended notice. to be, regarded as a good notice of intention to increase the rent for, the purpjsoses of sect. 1 (1) of the Notices of Increase Act 1923 ? Sect. 1 (1) of that Act is as follows : Where notice of intention to increase rent has, whether before or after the passing of this Act (the 7th June 1923), been served on a tenant in conformity with sect. 3 (2) of the Increase of Rent, &c., Act 1920 and al.notice to terminate the tenancy.was necessary in order' to make such increase effective, the notice of intention to increase the rent shall have effect and shall be deemed always: to have had effect as if it were or had been also a notice to terminate the existing tenancy. ... It will be observed that the.fictitious effect of a notice to quit is, in the words of

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