The Gazette 1961 - 64

and those of our own as a result of which the threat of war might become more remote and the hope of peace more certain of attainment. If you should be planning a visit to the United States and expect to be in the State of Wisconsin, we shall be pleased to receive a communication from you indicating the dates during which you expect to be in our State. Upon receipt of your communica tion we shall make arrangements for the accommoda tion of yourself and your family in the home of a Wisconsin lawyer whose guest you will be for the several days of your visit. We shall, in addition, and at your option, prepare a special programme for you through which, it is our hope, you will be able to become acquainted with judges of our courts, leaders and members of the bar, the structure and operation of our judicial system, and whatever else of a legal nature might be of special interest to you. If you will kindly address your communication to Professor O'Connell at the address below, we shall be happy to reply to you forthwith. Yours truly,

DECISIONS OF PROFESSIONAL INTEREST Fixed salary " First Charge " on profits—partnership agreement By a partnership deed, made in August, 1951, the junior partner, who was to be a salaried partner, "shall be paid a fixed salary of £1,200 as a first charge on the profits and in addition thereto one- third share of the next profits arising from the Reigate branch," the balance of the remaining profits of the firm to belong to the senior partner. Owing to the defalcations of a clerk the firm made less than £1,200 profit in 1957 and 1958. The partnership was dissolved in 1959. In a winding-up action the judge gave the usual directions for accounts and inquiries. On the question whether the junior partner's salary was payable irrespective of profits or only out of profits he held that it was payable only out of profits, and that for those years in which the profits were below £1,200 the junior partner's salary should be reduced correspondingly. The junior partner appealed. Upjohn, L.J., said that the judge had come to the right conclusion on the interpretation of the clause. If the junior partner were entitled to a fixed salary of £1,200 irrespective of profits, the words " as a first charge on the profits " were otiose. What the clause meant was that the junior partner was to be paid his salary out of profits in priority to any other payments to the other partners. It might be that the words meant that the junior partner could recoup any deficiency in his salary in one year out of profits made in subsequent years when they exceeded £1,200. That point, however, had not been taken below or in argument on the appeal and was therefore not open for decision. The appeal would be dismissed. (Marsh v. Stacey— Solicitors' journal, June z8th, page 512.) Case not pleaded The plaintiff claimed damages for personal injuries sustained in an accident when, in the course of his employment by the defendants, he was helping in the operation of a machine cutting and crushing metal tubes. His case as pleaded and given in evidence was that at the time of the accident he was standing on the opposite side of the machine to that of the operator, though there was a general allegation that the machine was not securely guarded. The trial judge rejected the plaintiff's evidence as to his position at the time of the accident, and accepted that of the defendants that he was on the operating side of the machine. The judge held, however, that, on the defendants' evidence, they were to blame for the accident and that, in view of the general allega- 26

THE SPECIAL COMMITTEE ON WORLD PEACE THROUGH LAW Professor Robert J. O'Connell, Marquette University School of Law 1103 West Wisconsin Avenue Milwaukee 3, Wisconsin, U.S.A."

" OUR REF. :.............." One of the minor irritations of life is the letter with the caption at the top left hand corner some thing like this :

Ourref: NX/5883/zoi. Your ref: ..................

Government Departments, business people and solicitors have all from time to time failed to cite the numbers or other references of correspondents, failing to realise that it is not only a matter of courtesy but convenient practice for all concerned. The Department of Finance recently issued a circular to Government Departments drawing their attention to the matter. The Council in turn wish to remind practitioners that they ought in dealing with colleagues or members of other professions to cite the correspondent's file number or case reference and should extend the same courtesy and facility to Government Departments.