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104 J.P.N. 367 (1940)
Issue 27

handle is hein.journals/cljw104 and id is 373 raw text is: 







                                                       att0

                        O0U     al Goe                                         Sent 6001M&.
                  AND   COUNTY,  BOROUGH,   POOR   LAW  UNION,   AND  PARISH  LAW   RECORDER.
                                                 [ESTABLISHED 1837.]

  VOL. CIV.                      LONDON : SATURDAY, JULY 6, 1940                                       No.  27

                  REPORTS  WILL  BE FURNISHED   BY  THE  FOLLOWING MEMBERS OF THE BAR:-
House of Lords  ...... .                                   Chancery Division:-
Privy Council ........} H. A. PALMER, Esq.          CROSSMAN, J. .
                                                               FAR  WELL,  J.....  Miss B. A. BICKNELL.
Court of Appeal I  ......R. C. CALBURN,   Esq.         BENNETT, J.....
                                                               SIMONDS,   J.  . .: . R. C. CALBURN, Esq.
Court of Appeal II..P. B. DURNFORD, ESQ.           MORTON, J. ....
                                                           King's Bench Division :
                                                             Divisional Court, Crown Paper-
Court of Appeal III  ....H. A. PALMER,   Esq.                                 T. R. FITZWALTER BUTLER, Esq.
                                                           Nisi Prius   ............R. C. CALBURN,   Esq.
Court of Criminal Appeal-                                  Probate, Divorce and Admiralty
                   T. R. FITZWALTER BUTLER, Esq.                              Division ........J. B. LATEY,  Esq.


Registered at the General  Post Office as a newspaper
for transmission through the post in the United Kingdom.


Editorial, Advertising  and  Publishing   Offices
Temporarily  removed  to :-

       WEST   DEAN,   CHICHESTER, SUSSEX
                Telephone : Singleton 239


                   CONTENTS


NOTES   OF  THE   WEEK  ..........................
ARTICLES-
    Application of the Rule in Russell v. Russell ........


PAGE
367


370


Old Age and Widows' Pensions Act, 1940 .......... 370
Mental Deficiency Payments ...................... 372


MISCELLANEOUS INFORMATION................


373


CASES   IN MAGISTERIAL AND OTHER COURTS 377
SUBORDINATE LEGISLATION         .................. 378
PARLIAMENTARY      INTELLIGENCE     .............. 378
PRACTICAL POINTS      ............................ 379



                    REPORTS

  Goodchild v. Romford Borough Council.- Civil defence - Air-raid
  precautions - Notice served by local authority on owner of
  premises  directing provision of air-raid shelter - Premises
  consisting of shops and offices leased to different tenants - Not
  a   commercial building  - Notice not valid - Civil Defence
  Act,  1929 (2 and 3 Geo. 6c. 31) ss. 16, 89 (5)).  .... 243


NOTES of the WEEK




Criminal Courts During Invasion
  The Defence (Administration of Justice) Regulations, 1940,
made  by  Order in Council under the Emergency  Powers
(Defence) Acts, are of great importance to all persons concerned
in the administration of the criminal law. They are published
by H.M. Stationery Office as S.R. & O. 1940, No. 1028, price
fourpence, and should be studied by justices and by clerks to
justices. Their purpose is to provide for the effective action of
the criminal courts during hostile operations in Great Britain.
  They make provision for removing courts from one place to
another and transferring jurisdiction from one court to another,
for increasing the period of lawful remand, doing away with
peremptory challenge of jurors, supplying a deficiency of jurors,
and continuing a trial with a smaller number of jurors (in some
cases five only).
  There are also provisions for using statutory declarations in
enquiries into indictable offences and for the extended use of
depositions (in place of oral testimony) on the actual trial.
  We  shall give a full examination of these regulations in an
article next week.
Administering Oaths
  The  Evidence and Powers of Attorney Act, 1940, which
came into force on the 13th June, the date of its passing, enables
the Lord Chancellor to make orders empowering officers of
His Majesty's naval, military and air forces of a specified rank,
to administer oaths and take affidavits where at present a
commissioner for oaths has to be applied to. The Foreign
Secretary may make  similar orders giving like powers to
persons in the diplomatic, consular or other foreign service of a
Power representing His Majesty in a country where we have
for the time being no diplomatic or consular representatives.
  Any document purporting to have subscribed to it the signa-
ture of any person in testimony of any oath or affidavit is to

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