The Gazette 1992

GAZETTE

MARCH 1992

Practice Notes (Continued from page 97)

Justice of the Peace for Hiolumne County, California, during the 1850-1851 gold rush era (replete with his notorious mis-spellings, grammatical anomalies and legally- questionable "roolings") to the subtle, articulate wit of Sir Charles John Darling on the King's Bench Division of England's Supreme Court of Judicature; from the strident, piercing rhetoric of Justice Michael A . Musmanno (the infamous "dissenting" judge) of the Pennsylvania Supreme Court during the 1950s and 1960s to the Southern- rural, common-sense humour of Justice Logan E. Bleckley of the Georgia Supreme Court during the 1880s and 1890s. Painstakingly researched and assembled over the last decade and a half, these opinions are indeed " g ems" to be savoured and enjoyed. The cases are presented in an accurate and comprehensible form (with appropriate editing) to enable the reader to appreciate the fabric of judicial humour within a meaningful factual and legal context. The original language, grammar and spelling in the opinions have all been retained, notwithstanding any lexicographic improprieties; and in many of the older cases, the grammatical errors and arcane usages constitute an integral part of the humour of the writing. Corpus Juris Humorous has been well received by the legal community in the United States and will appeal to many judges and lawyers. The price is $28.95 (which includes tax, shipping and handling). The book is available from MAC-MAT, P.O. Box 2025 - 131, Histin, California 92680, U.S.A.

refers you to Corpus Juris Humorous - subtitled - a Compilation of Humorous, Extraordinary, Outrageous, Unusual, Colorful, Infamous, Clever and Witty Reported Judicial Opinions and Related Materials Dating From 1256 A.D. to the Present. The book was compiled and edited by John B. McClay and Wendy L. Matthews, Attorneys-at-Law, Santa Ana, California, contains 724 pages and was published in December, 1991. Corpus Juris Humorous is a comprehensive, entertaining volume containing over 280 hilarious and authentic judicial opinions extracted verbatim from the official reports. Each of the opinions is an original and unique expression of inspired judicial wit, creative humour and literary acumen, which is made all the more humorous because of its authenticity, containing genuine expositions of fact and law, and reflecting the court's actual analysis and rulings. The humour appears in forms as varied as the fact patterns of the cases presented: incisive wit, dry sarcasm, obstreperous bombast, jocular exaggeration, doggerel verse, philosophic rumination, and more! The opinions are drawn from a variety of judicial forums and from diverse historical and geographic locales, each having its origin in the English Common Law tradition, including the United States, Canada and England. The cases span a period of more than 700 years, from the ancient English transcripts of the Northumberland County Assize proceedings of 1256 A.D. to the present day. The unifying constant in each of the opinions is the presence of humour in one form or another, from the stern " f ront i e r" justice meted out by Richard C. Barry,

they owe a duty of care to a consenting spouse to advise on the general wisdom of appointing the agent which is something that would need to be carefully considered in any case. It is really no different from appointing any agent under a Power of Attorney to execute a deed and it is obviously a particular type of agency that should not be given lightly. People sometimes believe that an agent acting on foot of a Power of Attorney who clearly has power to execute the consent can also complete a declaration to verify the facts regarding a marriage etc. under the Family Home Protection Act. Such evidence would be worthless being hearsay. An agent cannot give evidence on behalf of another either in court or by way of declaration. The agent could only execute the declaration if he is doing so of his or her own knowledge and in such event is not doing so on foot of the Power of Attorney. Practitioners should note the ruling of the Bar Council which precludes their members from negotiating directly with insurance company representatives in personal injury claims. Where plaintiffs' solicitors arrange meetings with insurance companies, for the purpose of discussing settlement of personal injury claims, they should, where they intend briefing counsel, ensure that there is a solicitor instructed by the defendant. If a solicitor has not been instructed by the defendant this will lead to a situation where the barrister, acting on behalf of the plaintiff, will be precluded from negotiating on behalf of the plaintiff with an insurance company representative. • Conveyancing Committee Settlement Negotiations with Insurance Companies

Eamonn G. Hall

TURKS AND CAICOS ISLANDS AND THE ISLE OF MAN Samuel McCleery Attorney • at - Law and Solicitor ol PO BOM 1 27 In Grand Tuifc.Turfca std Caooa Idanda, Britlah Waal Indee atd at 1 Caala Staat Capetown, lata ol Man «wil be pleated to accept inetuctane ganaraly torn Irian Soldlcra in tie ta- rnation and admlniatation ot Exempt Turk* and Caicoe laland Companiaa and Hon - Reaident lale ol Man Companiaa aa wal aa Treat Admlniakalon G. T Office:- "W: 809 946 2818 Fax: 809 946 2819 I.OMOtfk»:- 1M: 0624 822210 Talax : 628285 Samdan G Fax: 0624 823799

English Agents: Agency work undertaken for Irish solicitors in both litigation and non- contentious matters - including legal aid. Fearon & Co., Solicitors, 12 The Broadway, Woking, Surrey GU21 5AU.

Tel: 03-0483-726272. Fax: 03-0483-725807.

100