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told, could easily afford to raise the salary of the Judge of a small cause court to 10007. or 12007. a year, and for that a barrister or a solicitor. with a legal education and some aptitude for his work, might almost always be obtained.

She

In one respect India fairly beats us. has a complete code of criminal procedure. But according to Mr. PRICHARD this attainment is an evil, for it puts a formidable power into the bands of police officers and magistrates. For a long time a contest has been going on for the purpose of compelling Englishmen to submit to the jurisdiction of native magistrates' courts -hitherto without success, although it is Mr. MAINE'S opinion, that although the code does not apply to European British subjects beyond the presidency towns, except so far as it regulates the procedure of the High Court, Agra, and the Chief Court, Lahore, it has a certain modified application to Europeans who are not British subjects, and to Americans. And in a very recent case the High Court, Agra, has ruled that even as respects the maintenance of an illegitimate child, the justice of the peace has no power to compel a British subject to make a payment Our Indian administration, it appears, has the greatest difficulty in dealing with the question of police. There is no good material to work with. The native is wholly unfitted for the work. "The native," says Mr. PRICHARD, "does not regard truth in the same light that we do, nor does he consider that any disgrace attends the being convicted of a falsehood. At the same time he is clever, sharp, and astute at getting up a story, and, with it all, very easily intimidated.

on that account.

DIGEST OF SHIPPING LAW CASES.
FROM 1860 To 1864.

Edited by F. O. CRUMP, Esq., Barrister-at-Law.
(Continued from page 184.)
TOWAGE.

1. Salvage following upon an agreement for
towage-Duties of tugs.-A tug must do her best
for the vessel in tow under all circumstances; and
if she incurs risks and performs duties not
within the scope of the original engagement then
she is entitled to additional remuneration for addi-
tional services if the vessel be saved, and may
claim as a salvor. But if the tug by misconduct
caused the danger from which the vessel is rescued
the tug cannot claim salvage: (The Minnehaha,
Ward v. McCorkill, J. C. P. C. Aug. 2, 1861;
1 Mar. Law Cas. 111.)

2. Danger of collision-Duty of tug.-Steam-tug considered to be justified in letting go the ship towed in order to avoid danger to herself from collision. But it is the duty of the tug to return and complete her engagement, and do what she can to prevent the mischief which might arise from the temporary interruption of the service. To entitle a vessel to salvage reward for services rendered it is not necessary to show that the services were requested or assistance expressly accepted. It is enough that the circumstances were such that if assistance was offered a prudent man would have accepted it. The Minnehaha (see above); (The Golden Light, The Annapolis, J. C. P. C. Aug. 2, 1861; 1 Mar. Law Cas. 127.)

TRANSSHIPMENT.

Authority of master to give lien for freight.Where a cargo is necessarily transshipped into another vessel, the master is bound to make the best bargain he can in regard to the new rate of freight. Held, therefore, that when the captain was able to engage a ship to convey the cargo for 408. a ton from a port at which the original ship had become incapable by damage through sea perils of proceeding on the voyage, he could not give a lien on the cargo for freight at 70s. a ton, but only for the amount of freight due to him on his original contract, less the advances which had been made by the charterers. Being able to forward the cargo at less than the original freight according to charter-party the difference should go to the benefit of the shipowner: (Matthews v. Gibbs, Q. B. Nov. 19, 1860; 1 Mar. Law Cas. 14; 3 L. T. Rep. N. S. 557; 7 Jur. N. S. 186; 30 L. J. 55.)

at Rio. Mate and able seamen allowed board wages at the rate of 28. a day, ordinary seamen at the rate of 1s. 6d. a day during the time they had maintained themselves when the vessel was short of provisions: (The San Jose Primeiro, A. C., May 25, 1860; 1 Mar. Law Cas. 5; 3 L. T. Rep. N. S. 513.)

2. Wages withheld-Double pay.-Construction of 189th and 191st sections of Merchant Shipping Act. Master as well as seamen, held entitled to ten days' double pay when the payment of his wages was unduly withheld, it not being proved that the delay in payment was occasioned by his improperly withholding his accounts. A master receiving under an award salvage money for the owners of property to which he, the ship and crew, have rendered salvage services, is not bound to hand over the portion he bona fide conceives to be his own proper share; nor, it would seem, any Remedy of owners part of the salvage money. laiming a share of salvage retairel by master as due to him should be sought under the 498th section of Merchant Shipping Act: (The Princess Helena, A. C., Jan. 18, 1861; I Mar. Law Cas. 108.) 3. Amendment of petition.-Upon the authority of The Tecumseh, 3 W. Rob. 309, a special agree ment with the master of a ship was separated by the court into parts pronouncing for the wages stipulated to be paid, and not taking cognisance of anything further in the agreement: (The Enterprise, A. C., Ireland, 1860; I Mar. Law Cas. 133.) Intervention of 4. Foreign master's wages consul-Merchant Shipping Act 1854, s. 191Jurisdiction of Admiralty Court.-Suit for foreign master's wages dismissed "where consul of state to which ship belonged, not having received notice previous to institution of suit, protested against cause proceeding." The right of foreign masters to sue for wages under sect. 191 of Merchant Shipping Act is not absolute. The jurisdiction of the Admiralty Court in such cases is discretionary, suits of this kind being now permitted in order to avoid injustice to seamen. Case of The Golu chick, 1 W. Rob. 148, referred to: (The Herzogin Marie, A. C., March 21, 1861; 1 Mar. Law Cas. 144.)

5. Jurisdiction-Admiralty Court. - Prior to 24 Vict. c. 10, the Admiralty Court declined to enforce an agreement, whereby the mate was to have an allowance for managing the ship's acdismissed without costs. Suit opposed by a counts and superintending disbursements. Case mortgagee. The wages not amounting to 50%. could not be pronounced for: (The Harriet, A. C, March 21, 1861; 1 Mar. Law Cas. 152; 5 L. T. Rep. N. S. 210.) [The above Act has extended the jurisdiction in such a manner as to render this case valueless as a precedent.]

A step has been taken with regard to trust estates which must soon be followed by England. An official trustee may now be appointed by the Chief Justice of the Presidency. As Mr. PRICHALD remarks, "the great advantage of the arrangement is that the interests of the cestu que trusts are looked after by a professional man, who knows how to carry out the duties that devolve on him, and who, in fact, never dies or goes away. Another feature of Indian legislation, which we shall soon adopt, is the abolition of grand juries, which was effected in 1865. Mr. PRICHARD seems to think that some machinery will have to be substituted for the grand jury, but we do not see why. juries generally, a verdict of nine out of the twelve is sufficient, provided that the Judge concurs with the opinion of the majority. Finally we may mention that patchwork legislation has begun in India. Out of thirtyseven Acts passed in 1867 two-thirds were ship arriving at Liverpool from California, since 6 Hurls. & N. 509; (The Franz and Elise, A. C.

Our

As to

amendments of former laws, or measures passed
to supplement something which has been
omitted by neglect or oversight. Referring to
the future
author
"Several
says:
other very important Bills were introduced
into Council at the latter end of 1868
which will probably become law during 1869:
such as the new Law of Evidence, a draft
drawn up by the Indian Law Commission; a
new Stamp Act, most urgently required, al-
though there have been so many alterations in
the stamp law of late years; the Land Im-
provement Bill for the North-West Provinces,
introduced by the Hon. JOHN STRACHEY, with
reference especially to a recent ruling of the
High Court, Agra, to the effect that a tenant
under Act X. of 1859, and in accordance with
local custom, is liable to be ejected for digging
a temporary well or planting trees without
permission of the landlord-a ruling which to
the socialist legislators of India seems to be
unjust in the extreme, whereas it is not only in
accordance with law and custom, but with
equity too; for if a tenant may dig one well
without permission of his landlord, he may dig
ten or twenty, till he has drained the circum-
jacent land, and rendered it hopelessly barren.
But these measures at the close of 1868, being in
embryo, do not call for discussion in a chapter
on legislation, which might not inaptly have
concluded with the last sentence of the resolu-
tion of the Anjooman' or Debating Society
of the Punjab, so far as it has reference to real
property: We deprecate, however, all and
any legislation which disturbs "ancient rights,
usages and customs."""

The source from which we have drawn the information contained in this article is a very able work. Mr. PRICHARD's style is clear and forcible, and he has evidently an intimate knowledge of the country with which he deals.

USAGE.

Discount from freight on goods from North American ports to Liverpool-California-Texas.-According to the decision in Brown v. Byrne, 3 E. & B. 705, a custom having been established at Liverpool of deducting three months' discount from freights of goods from all parts of North America, but only one such instance having occurred of a its annexation to the United States, held that the custom applied to California. Instance of Texas very strong in favour of custom applying: (Falk ner v. Erle, Q. B., Jan. 20, 1863; 1 Mar. Law Cas. 279; 7 L. T. Rep. N. S. 672; 3 B. & S. 360.)

VALUE.

Limitation of shipowner's liability in case of loss of
life or personal injury by collision-Merchant Ship-
ping Act-Lord Campbell's Act--Interest--Freight.--
Construction and effect of 504th clause of Merchant
Shipping Act. Limitation of shipowner's liability
in case of loss of life or personal injury to value of
157. per ton according to rule then in force. Lord
Campbell's Act 1846. Claim for damage to ship
or goods. Decree in common form as in the
Inte-
African Company v. Swanzy, 1 K. & J. 326.
rest to be decreed according to practice of Admi-
ralty Court from date when freight was due if
there was freight earned, or from date of collision,
if there was no freight: (Nixon v. Roberts, V. Ch.
C., June 28 and July 2, 1861; 1 Mar. Law Cas.
103.)
WAGES OF SEAMEN.

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1. Sale of ship in a cause of bottomry-Board wages of foreign seamen-Return money-Deficiency of provisions.-Foreign seamen having joined a Por tuguese vessel at Oporto for a voyage out and home, and the ship having been sold at Teignmouth, they were, in a cause of bottomry, allowed 51. 10s. each for the expenses of returning home. No such allowance made to seamen who had joined the ship

6. Interference of consul-Appearance under protest.-Appearance by owner of ship under proforeign consul. Notice of objection ought to test on the grounds of probable interference of have been given to the court. Nyander v. Barnes,

Oct. 10, 1861; 1 Mar. Law Cas. 155.)

7. Collision suit-Sale of ship-Priority-Wages of master and crew-Advances by master for seamen's wages.-Where a foreign vessel was found liable for damage by collision, and sold by decree of the court, and the proceeds were insufficient to pay the claim for damage, held that the master and crew were not entitled to payment of their wages out of the proceeds of the sale. The authorities relied upon by the court were The Carl Johan, cited in The Dundee, 1 Hag. A. R. 109; The Chimera, reported only in the Shipping Advances and Mercantile Gazette of 27th Nov. 1852; and The Linda, 30 L. T. Rep. 234. by master for wages of seamen likewise not allowed as a charge against the proceeds of the ship: (The Duna, A. C., Ireland, Aug. 13, 1860; 1 Mar. Law Cas. 159; 5 L. T. Rep. N. S. 217; 12 Irish Jur. 384.)

8. Costs of reference-Master's wages-Deduction from claim for set-off, &c.-Master held entitled two-thirds of the master's claim, and more than to costs of reference to registrar, where nearly half the owner's claim for set-off were disallowed. The master had been guilty of extravagance in (The Strathallan, wasting the ship's stores : E. C. April 14, 1861, 1 Mar Law Cas. 207.)

9. Master's and seamen's wages-Bottomry→→ Priority. In a case where if the claim of the master to be paid his wages rateably with the seamen had been allowed, the proceeds of the ship sold in a cause of bottomry would not have paid even a moiety of the seamen's wages: Held that the master was not entitled to take part of the fund to their prejudice, seeing he is liable to the Master considered seamen for their wages. entitled to his wages in priority to bottomry bondholder, where he had not by the terms of the bottomry bond made himself responsible for the amount of the bond: (The Salacia, A. C. Nov. 11, 1862; 1 Mar. Law Cas. 261; 7 L. T. Rep. N. S. 440; 9 Jur. N. S. 27; 32 L. J. 41.)

10. Forfeiture of masters' wages-Drunken. ness.-Suit by the widow of a shipmaster for his

wages. Constant drunkenness, or non-performance
of duty ascribed to it, works a forfeiture of wages;
but not occasional intoxication. Loss of ship's
boat by a violent gust of wind, on which occasion
the master was drowned.
decision in the case of The Camilla, Swab. 312, a
According to the
master is not held responsible for an error of
judgment: (The Atlantic, A. C., Dec. 2, 1862;
1 Mar. Law Cas. 271; 7 L. T. Rep. N. S. 647;
9 Jur. N. S. 183.)

11. Master's wages-Maritime lien.-According
to the law of the United States, a master's wages
do not constitute a maritime lien, but when in
this country, the Legislature placed them on the
same footing as seaman's wages, it did, in the
opinion of Dr. Lushington, constitute master's
wages a maritime lien. Case relative to neces-
saries supplied to a ship: (The Ella A. Clark,
otherwise The Golden Age, A. C., Feb. 17 and 24,
1863; 1 Mar Law Cas. 325; 9 L. T. Rep. N. S. 119.)
12. Disbursements.-Held, that under the 10th
section of the Admiralty Court Act 1861, the
Admiralty Court has not jurisdiction to enter-
tain a claim on the part of the master in respect
of liability incurred by him for necessaries and
for wages to the crew, such liability not being
within the meaning of the word "disbursements,'
as used in the Act. Reduction of bail: (The
Chieftain, A. C., March 3, 1863; 1 Mar. Law Cas.
327;
L. T. Rep. N. S. 120; 9 Jur. N. S. 388;

32 L. J. 106.)

13. Foreign ship-Interference of consul.-In a suit for wages of foreign seamen, if the consul of their country intervenes and asks payment of wages to be made to him on their behalf, the Admiralty Court usually grants the application. An objection on his part to the suit is likewise admitted where the ccnsul undertakes to do justice between the parties: (The Timor, A. C. Nov. 17, 1863; 1 Mar. Law Cas. 400; 9 L. T. Rep. N. S. 397.)

14. Foreign seamen-Practice in Admiralty.According to the practice introduced by Dr. Lushington in suits brought by foreign seamen for wages, notice is required to be given to the foreign consul, that he may intervene if he think fit. Observations in case of the Golubchick (W. Rob. 143) referred to. Practice of courts in United States. Distinction between proceeding against the ship and against the proceeds of the sale of ship. Arrest of ship by master for wages. Suit dismissed, the Belgian consul protesting against its continuance. Admiralty Court Act 1861, s. 10: (The Octavie, A. C. Dec. 8, 1863; 1 Mar. Law Cas. 420; 33 L. J. 115.)

THE PRACTICE AT QUARTER SESSIONS
ON APPEALS AGAINST A SUMMARY
CONVICTION.

A very important question of practice on these appeals has just been raised. It arose thus :One John Ginger, a farmer, and Robert Sharp, his bailiff, had been convicted by the Berkhampstead magistrates of cruelty to horses employed on the farm, and had been sentenced to imprisonment. They appealed, and the case came before the Hertford Quarter Sessions on the 3rd inst., the Marquis of Salisbury being chairman. Serjeant Sleigh and Mr. Clarke appeared for the appellants, and Mr. Harris and Mr. Lucas for the respondents (the Society for the Prevention of Cruelty to Animals). We extract the following from the report of the case in the Hertfordshire Standard of the 6th

instant:

Mr. Harris briefly stated the nature of the appeal, and then said that from medical evidence which was forthcoming, if the prosecution went on, Mr. Ginger's reason and probably his life was in danger. Upon those grounds he asked his lordship to allow him to withdraw from the prosecution. The royal society which he represented were fully prepared to prove their case, and to vindicate not only the condition of the horses, but the amount of punishment inflicted by the court below. But while convinced that imprisonment alone was the only punishment that could have been given in these cases without a mockery of justice, they deeply felt the responsibility thrown upon them by the evidence of Mr. Ginger's health, and they did not wish, by taking further action, to place his life in jeopardy-which they were really afraid might follow if the prisoner were further incarcerated. already endured would they trusted meet the ends The punishment he had of justice.

His Lordship said that in both cases the recognizances would be estreated. The proper course for them to pursue if they considered that Ginger's health was seriously affected, was to ask for an adjournment of the appeal. He could not on the part of the court assume the authority of consenting to any such compromise as was then proposed. Mr. Harris said the course they were then taking was purely on principles of humanity. If the pri

THE LAW TIMES.

soner's life were not in danger, he should proceed
with the case in spite of every obstacle, but at
present he declined calling any evidence on the
part of the prosecution.

taken was to apply for an adjournment of the
appeal, or to consult the Secretary of State.
The Chairman again said the only course to be

nical way in which the appeal could then be dis-
Serjeant Sleigh submitted that the only tech-
the court above, or by the conviction being quashed,
posed of was by the conviction being affirmed by
by reason of the counsel supporting the conviction
offering no evidence. The Secretary of State could
He believed the Society for the Prevention of
not interfere unless the appeal were withdrawn.
Cruelty to Animals to be a most useful society,
capable of doing nothing which it did not believe
to be in strict accordance with justice and the
dictates of humanity.

assent to your doctrine, that if no evidence is
The Chairman: The court are not inclined to
offered the conviction must fall. The application
to withdraw it, appears to us to be an application
of the counsel for the prosecution, to be allowed
for that permission which the court have no power

to grant.

forma, that the case of John Ginger having been
Serjeant Sleigh: My application is then pro
called upon, should be proceeded with.

The Chairman: Exactly so.

Mr. Harris: I offer no evidence on the part of
the prosecution on the grounds I have just stated.
The Chairman (after a pause): We are waiting
to hear you, Serjeant Sleigh.
dents to make out their case.
Serjeant Sleigh: I apprehend that in the case of
through their counsel, have no evidence to offer,
an appeal from a conviction, it is for the respon-
and therefore I have nothing to answer.
The respondents,
grounds I apply that the appeal be allowed.
On these
The justices then retired, and upon returning
into court, proceedings were resumed.

tion should be quashed, it ought to be and is
The Chairman.-The court are of opinion that
affirmed.
as no evidence has been given why the convic-

to affirm a conviction which was appealed against
when no evidence had been offered in support of
Serjt. Sleigh asked whether the court had power
the conviction. If it had the power, he should
then ask the court to hear the appeal. Although
the counsel for the prosecution declined to offer
any evidence in support of the conviction, yet the
court had power to call the witnesses.

The Chairman.-The decision of the court has
been passed, and we cannot hear the case re-
seek your remedy.
argued now, but of course, if you think we have
acted wrongly in point of law, you know where to

affirmed.
Ultimately the court consented to hear the
case on the merits, and the convictions were
It appears to us that the law was
public exhibition of the ready way in which a
correctly stated by Serjeant Sleigh, and that
the court in its anxiety, to prevent a flagrant
prosecution might be compromised or hushed up,
path of escape could not legally be available for
was led into the error of believing that so easy a
prisoners.

In the

matter in our view differs widely from an appeal
An appeal to quarter sessions on a criminal
latter instance the burden is doubtless cast on
to a superior tribunal in civil cases.
the appellant of impugning the validity of the
decision of the inferior court, but on an appeal
from a summary conviction before magistrates,
make out the case de novo to the satisfaction of
it is settled law that the prosecution has to
the court of quarter sessions, and that until the
appeal is decided or withdrawn, the appellant
stands in the position of an innocent person. In
not, pending the appeal, rebut the legal pre-
a word, the conviction by the magistrates does
sumption of innocence. Thus, in the case of
Reg. v. Pindey, 5 B. & S. 909; 11 L. T. Rep.
N. S. 309, Chief Justice Cockburn says, "I
take the ordinary course of practice at
quarter sessions to be that an appeal against a
conviction throws on the prosecution the neces-
sity of making out the case, and, if no
appears to discharge the office of respondent, it
appeal, on a presumption that the non-appear-
is the duty of the court to give effect to the
that he was not prepared to maintain the convic-
ance of the respondent to support the case, shows
the case of magistrates' orders appealed against;
tion." A similar course of practice prevails in
if the respondents do not begin and support the
order the appeal will prevail: (Reg. v. Knill, 12
East. 50; Reg. v. Newbury, 4 Term Rep. 475.)

one

have been justified in adjourning the case, in
The court of quarter sessions might, perhaps,
order that the Crown, by its law officers or other-
wise, should have an opportunity of conducting

[JAN. 15, 1870.

the prosecution; but to affirm a conviction under the circumstances stated, was certainly beyond their power. The case affords a striking appointment of an official prosecutor. illustration of the necessity that exists for the

INTERRUPTIONS BY JUDGES. matter we give it unusual prominence. THIS communication relating to an important

TO THE EDITOR OF THE LAW TIMES. munication which tends to reflect on the Judges. most reluctant to admit into its columns any comSIR.-I know the LAW TIMES has always been

been in honourable contradistinction to that of The conduct of your journal, in this respect, has some of the leading papers, which are apt to critiJudges more dear than to myself. It is with great understand. To no one is the character of our cise decisions which the writers are unable to regret that I write to say one word which can be much respect. There is, however, one point as to deemed disrespectful of men to whom we owe so which I hear constant and continual complaints and their disposition to interrupt counsel by the dislike of many of the Judges to hear arguments, from barristers and solicitors, that is, the growing interpellation of questions.

on the argument of which I was present, one of
This practice is on the increase. In one case,
the vice-chancellors, distinguished alike for his
legal acumen and for his bonhomie, interrupted
the course of the day.
the various counsel engaged twenty-eight times in

enough to remember the times when counsel I am one of the old school of lawyers perhaps, therefore laudator temporis acti, but I am old would be heard, and Judges felt it was better to argument rather than to break the chain of listen to what they might deem probably a prosy the conflicting and ill-considered judgments that plan is intended to save time; in my judgment it reasoning by a series of questions. The present leads to confusion, and is the cause of many of are now reported.

fairly exemplifies the system now in vogue.
beg to instance a case which, to my mind,

struction of a will. Seven counsel, most of them
men of eminence, were engaged for the various par-
ties. I was concerned for several parties having
The case involved a very nice point in the con-
conflicting interests in the suit, and employed five
the other party. The question may be briefly de-
different counsel; other counsel were employed for
scribed thus,-did the testator's sons take absolute
interests in certain properties or estates for life
only? The plaintiff contended that the interests
contended the reverse. The infants were in fact
were absolute. Counsel for the infant defendants
defended by their parents, and it was not to the
entitled.
Counsel all considered the question a most doubtful
interest of any of the parties to prolong litigation.
more or less of doubt to consider the infants
one. Five out of seven of them were inclined with

Chancellor Malins he stopped the plaintiff's counright. He interrupted the defendants' counsel, On the case being heard before Vicesel, saying he had no doubt that his contention was Judge. The learned Vice-Chancellor delivered a without having had the opportunity of citing the who, after a vain endeavour to be heard, sat down doubt. Now there never was a case where an appeal was less necessary, but as the counsel for the various authorities opposed to the view of the infant defendants failed to get a hearing, they felt judgment, putting the case as one quite free from it their duty to appeal. The appeal was heard sel barely opened the case when the defendants before the Lord-Chancellor; the appellants' counwere called on, and the decision of the Vice-Chan

cellor reversed.

cally opposite opinions, and that one Judge should fact that two Judges should hold such diametri. I offer no opinion and enter into no speculation have the power of reversing the decision of the as to which of these learned Judges was right. The other, is an apt illustration of the inconvenience suggested by you some time since of there being a court of appeal consisting of only one Judge.

on

What I complain of is, that the want of patience of the Vice-Chancellor rendered the appeal necesparties unable to bear them. Had the defendants' sary, and brought heavy additional costs ment, I do not think there would have been any counsel been allowed to go through their arguappeal.

the case being referred to in argument before the appeal came on, the learned Judge drily another Vice-Chancellor, a few days ago, and before I am told by a gentleman of the Bar that, on remarked, "Oh, that is the case where the ViceChancellor overruled so many decisions."

Judges are able to decide cases without hearing I hope this will not be considered as a complaint arguments? If so, let parties know, and let us of any individual Judge. What I object to is the save the expense of counsel. Or is it that the system. Is it to be understood now that the

counsel of the present day are so ill-informed
that they waste the time of the court? I see the
system extending to many courts. I know many
gentlemen of the Bar who are utterly confused by
a torrent of questions and remarks from the
Judges, and lose the thread of their argument.
A SOLICITOR OF THIRTY YEARS EXPERIENCE.

ESTATE AND INVESTMENT
JOURNAL.

STOCK AND SHARE MARKETS.
There has been again a rise in almost all
descriptions of securities-the funds to nearly 1
per cent.
The following are the fluctuations of
the week:-

ENGLISH FUNDS. Fri. Sat. Mon Tues) Wed. Thur

237 237 238 238 92 921 92 92 92 92 92 92 92 924 924

Bank of England Stock 237
Cent. Red. Ann. ...
3 Cent. Cons. Ann...

3

924

New 2 Cent. Ann....
Do. 34 do. Jan. 1894.
New 3 Cent. Ann.

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New 34 C. Jan. 1891

5 Cent. Annuities

Ann. 30 years exp.
April 5, 1885

Do. exp. Jan. 5, 1880

Do. exp. July 1880

Rod Sea Tele. Ann. 1908

Consols, for Acc..

India 5 Cent. for Acc.

92 92

92 92

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Do. 5 Cents. July 1880 111 111 111 112 112 112
India Stock, July 1880.
India Stock, 1874
India 4 Cent. 1888

India Stock, 5 Cent.
Jan. 7, 1872.

India Bonds (10001.) 4
per Cent.

Do. (under 1000l.) 4 per
Cent.

Ex. Bills, 10001.

Do. 5001.

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100 100 100 100 100

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21s.c 25s.c

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b March 24 per cent. par.; June 21 per cent. par. e Premium.

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Kumaon and Oude Plantation, Limited.-The official liquidator announces a return of 7s. 1d. per share on all shares on which calls have been paid in full.

"One" Wine Company.-Creditors must send particulars of their claims to Mr. H. Brown, the liquidator, by the 14th Feb.

Panama, New Zealand, and Australian Royal Mail, Limited.-It appears from the liquidator's report that Vice-Chancellor Malins has decided that the debenture-holders have the first claim upon the assets, and that the general creditors will therefore receive nothing.

Peel River Land and Mineral.-A dividend of 1 per cent.

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separate estate: (In the goods of Crofts, 21 L. T. Rep. N. S. 596. Prob.)

WILL-ATTESTATION-SIGNATURE NOT SEENPRESUMPTION.-The sole surviving attesting witness to a will, which had been prepared by a person well accustomed to the making of wills, deposed that when she signed the will she did not see the testatrix's signature, nor could she remember seeing the other attesting witness sign, though she handed the pen to him. She had been requested by the testatrix to witness her will, and the court held the will to have been duly executed: (Olver v. Johns, 21 L. T. Rep. N. S. 597. Prob.)

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Field, Q.C., moved, on behalf of Mr. John Freer, a member of a firm of solicitors in Lincolnshire, for a rule calling on one Cheeseborough to show cause why a criminal information should not be filed against him for a libel published by him, charging Mr. Freer, in his capacity of clerk to the magistrates of the Winterton district, with having embezzled various fines which had been paid to him-notwithstanding that the charge in question had been already investigated by the magistrates, and its untruthfulness established. It appeared that Mr. Freer had been employed on behalf of a former partner of Cheeseborough in certain partnership disputes, and to bring a criminal charge against him under the Act of 1868; and no doubt it was owing to this that the countercharge against Mr. Freer was due. complained of appeared on the 8th Dec. in a local newspaper, in the form of a letter, which proved to have been forwarded to the editor by Cheeseborough.

The libel

NOTES OF NEW DECISIONS. ELECTION PETITION CANVASSING BY CLERGY RESPONSIBILITY OF THE CANDIDATE -Hiring of MOBS-INTIMIDATION-TREATING. -In the city of L. the influence of the Roman Catholic clergy is very great, there being either 924 two or three clergymen in each parish. Semble, that had they made the cause of a candidate their own, giving him the benefit of what might be equivalent in its effect upon the election to a committee-room in every parish conducted by themselves, they being the canvassers; and had the candidate identified his cause with that of the clergy, he would have been responsible for their acts. In the first part of the 2nd section of the Act of 1854 reference is made to offers and promises antecedently to the vote: Held, that the Legislature clearly intended the court to draw a prima facie reasonable inference from the act done as to the purpose for which it was done, leaving it to the other side to rebut that inference if they could. But further that it is for the court to judge of the nature of the suspicious circumstances from which the inference is drawn, and to act upon it or not according to the conclusion at which it arrives. The law relating to murder and corrupt practices compared. One side hired and gave large quantities of drink (to the extent of 300l. to 400%. in two nights), to a number of men and boys to operate against anticipated mob intimidation on the other side, but no evidence was given to prove that this organisation was directed against electors, or Mr. Slowman, the officer, presented before Mr. formed for the purpose of being so directed. Under-Sheriff Burchell his monthly list of notices Nor was it proved that any elector was prevented of proclamations. The list contained nine actions, from recording his vote: Held, to be neither and since the last County Court one or two had treating nor intimidation. A clergyman went "proclaimed" weredirect from the polling booth in company with JR. Martin, at the suit of Kiddell; J. Palmer Brabazon, at the suit of T. Sealy; R. C. Richards, the personation agent, and was a party to giving at the suit of Foster; Ernest Smith, at the suit a voter an order upon a publican to supply him of Brown; B. W. Tracey, at the suit of Hutton; with drink. The clergyman, denied, however, J. M. Sutton, at the suit of Morgan; Sir Reginald that he had any corrupt intention in causing this Henry Graham, Bart., at the suit of Bond; C. order to be so given: Held, that it was not Master, at the suit of Johnson and others; and treating. In order to make treating corrupt it Joseph Messenger, at the suit of Stevens and must operate to change the mode in which the Jackson. No surrender was made, and the next voter would have voted: (Limerick (City) Peti-County Court of the sheriffs was appointed for the 3rd February. ion, 21 L. T. Rep. N. S. 567. Fitzgerald, B.)

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d March 24 per cent. par.
e June 21 per cent. 58. pm.
f March 24 per cent. par:
June 23 per cent. 48. pm.

PUBLIC COMPANIES.
RAILWAY COMPANIES.

Illinois Central. A half-year's dividend of 5 per
cent. is payable on the 1st Feb.
North-Eastern-Hull and Selby Purchase Shares.
-Those shares are to be paid off on the 30th June
next, with interest to that date.

BANKS.

Bank of France.-Dividend for the second half of 1869. 56f per share.

Birmingham Banking. On the 24th inst. interest in full will be paid to the creditors.

Birmingham Joint-Stock.-A dividend at the rate of 20 per cent. per annum declared. City.-Dividend, 7 per cent. per annum. Colonial-A dividend and bonus of 7 per cent. for the half-year announced.

Colonial. A dividend for the six months at the rate of 14 per cent. per annum.

London Joint Stock.-A dividend and bonus for the half-year, together at the rate of 15 per cent. per annum.

London and Westminster.-Dividend and bonus at the rate of 17 per cent. per annum for the halfyear.

North and South Wales.-A dividend at the rate of 10 per cent. per annum. Union of Australia.-A dividend of 11. 17s. 6d. per share, being 7 per cent. for the half-year. Union of Liverpool.-Dividend, 10 per cent. for the half-year.

Union of London.-Dividend at the rate of 15 per cent. per annum. FINANCE, CREDIT, AND DISCOUNT COMPANIES. National Discount.-A dividend at the rate of 16 per cent. per annum for the past half-year. ASSURANCE COMPANIES. Equity and Law Life.-A dividend of 8s. 6d. per share, for the year. Universal Marine.-A dividend of 7s. 6d. per share making 10s. for the year.

MISCELLANEOUS COMPANIES.

British and Irish Magnetic Telegraph.-At a special meeting the shareholders adopted a resolution to wind-up voluntarily, the business being handed over to Government. The motion was adopted. The chairman stated that the shareholders would receive 1851 for each 1001 of shares, exclusive of the past half-year's dividend, which they expected would be at the rate of 12 per cent.

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NOTES OF NEW DECISIONS. BANKRUPTCY AND EMIGRATION OF EXECUTOR -ADMINISTRATION GRANTED TO ONE OF THE LEGATEES.-An executor became bankrupt and emigrated to Australia before proving the will. LONDON AND MANCHESTER ASSURANCE COMPANY (LIMITED), The estate was of small value, and the court, under the circumstances, granted letters of administration, with the will annexed, to a sister of the deceased as one of the legatees, but directed the written consents of all persons interested under the will to be filed in the registry: (In the goods of Cooper, 21 L. T. Rep. N. S. 596.)

PATENT WATERPROOF PAPER COMPANY (LIMITED).-Petition
for winding-up to be heard before Malins, V. C. Jan. 4. J. S.
Miller, solicitor, 20, Budge-row, E.C.
SPENCE'S PATENT NON-('ONDUCTING COMPOSITION COMPANY
(LIMITED).-Creditors to send in by Feb. 10 their names
and addresses, and the particulars of their claims, to C. W.
Smith and H. Kendrick, the liquidators, at the office of the
said company, 54, Darwin-street, Old Kent-road, Surrey,

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WILL OF MARRIED WOMAN-SEPARATION- CREDITORS UNDER ESTATES IN CHANCERY. DEED SCOTCH DIVORCE-WILI. NOT REPUBLISHED AFTER DEATH OF HUSBAND-LIMITED death had been separated from her husband, and GRANT. A testatrix for many years before her enjoyed under a post-nuptial settlement a separate income of 150l. a year. She had also obtained a decree of divorce in Scotland, but both she and her husband resided in England. Her husband predeceased her, and she did not re-execute the will which she had made before his death. Her property consisted partly of savings and partly of a legacy which had been left to her after the decree of divorce. The Probate Court granted probate limited to so much of her property as on the cath of the party appliant appeared to be the produce of her

FALLAGAN (John), Tottenham Brewery. Tottenham, Mid

dlesex, brewer. Jan. 31; Jones, Bloxland, and Son, solicitors, 32, Lincoln's-inn-fields, Middlesex. Feb. 14; V.C. J.,

at noon.

at noon.

LOWNDS (John), Barrow-on-Humber, Lincoln, gentleman. Jan. 24; Thos. Massey, of the firm of Stuart and Massey, solicitors, 5, Gray's-inn-square, Middlesex. Jan. 31; V.C. J., Ross (Henry James), Plaisance Estate, in the Island of Grenada, West Indies, and Chief Justice of St. Kitts and Nevis. March 1; Dale and Stretton, solicitors, 3, Gray'sinn-square, Middlesex. March 16; V.C. J., at noon.

SMITH (Maria S.), 92, Clapham-road, Kennington, Surrey. Jan. 24; W. and W. H. Rennolls, solicitors, 1, Lincoln'sinn-fields, Middlesex.

SPENCER (Henry), Underleigh Oakhill, Shepton Mallett,
Somerset, brewer. Jan. 20; A. P. Bower, solicitor, 4, Chan-
cery-lane, E.C Jan. 27; V.C. J., at noon.
THOMAS William), Esq., 20, Boltons, Brompton, Middlesex.
Feb. 1; Thomas Kennedy, solicitor, 26, Chancery-lane, E.C.
Feb. S; V.C. S., at noon.

WILLIAMS (Charlotte), 13, Montpelier-place, Brompton, Mid-
dlesex. Feb. 7; Taylor, Hoare, and Taylor, solicitors, 28,
Great James-street, Bedford-row, Middlesex. Feb. 21;
M.R., in the forenoon.

CREDITORS UNDER 22 & 23 VICT. C. 35. Last day of Claim, and to whom Particulars to be sent. ALLEN (George), Tooley-street, Southwark, Surrey, architect, April 5; T. Berkeley, solicitor, 12, G: ay's-inn-square, Middlesex.

ALLEN (Maria', Norfolk-terrace, Bayswater, Middlesex. April 5; T. Berkeley, solicitor, 12, Gray's-inn-square, Middlesex.

ASTON (Mary), 43, Guildford-street, Middlesex.

Booty and Butt, solicitors, 1, Rayinond-buildings, Gray'sFeb. 23: inn, Midlesex.

ATHERTON (John), Stacksteads, in the Forest of Rossendale, Lancaster, ironfounder and machinist. Feb. 28; Hall and Baldwin, solicitors, Clitherhoe.

BELL Charlotte, 2, Bath-terrace, Hall-road, Hammersmith, Middlesex. March 1; Vallance and Vallance, solicitors, 20, Essex street, Strand, W.C.

THE LAW TIMES.

UNCLAIMED STOCK AND DIVIDENDS IN THE
BANK OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons
respectively whose names are prefixed to each, in three
months, unless cther claimants sooner appear.]

ABRAHAMS (Mary). Holywell-street, Strand, spinster. 407.
New Three per Cent. Annuities (late 37. 108. per Cent. Re-
duced Annuities Claimant. Abraham Abrahams.

2307.

DACHENHAUSEN, Baron de (Frederick), Naples, and Una
Justina Magharita Catherine Stepney, his wife.
Three per Cent. Cousols. Claimants, Baron de Dachen
hausen and Una Justina Magharita Catherine Stepney.
MIDLETON (Right Hon. George Lord Viscount). Kingdom of
Ireland, and BENYON DE BEAUVOIR (Richard), Esq., Engle-
field House, Berks. 501. Three per Cent. Consols. Claimants,
Rev. Edward R. Benyon and Richard Benyon.
OLDFIELD (Edmund), Esq., British Museum, OLDHAM (Rev.
John R.), clerk, East Dulwich Grove, Peckham Rye, OLD-
HAM Henry), M.D., Finsbury-square. 13677. 118. id. Three
per Cent. Consols. Claimant, Edmund Oldfield.
PANTON (William B.), Esq., Garreglwyd, Holyhead, Angle-
sea. 1007. New Three per Cent. Annuities. Claimant, said
William B. Panton

THE APPEAL OF THE REV. MR. VOYSEY FOR ALLEGED HERESY.-The appeal of the Rev. Mr. BLIGH (Amelia), 43, Medina-villas, Cliftonville, Hove, near appointed to be heard before the Judicial ComVoysey from the Chancery Court of York has been mittee of Privy Council on the 2nd Feb.

Brighton. March 31; Digby, Sharp, and Large, solicitors, 13, Clement's-lane, Lombard-street, E.C. BRACKENBURGH Elizabeth F.), Louth, Lincoln. Feb. 22; J. Johnson, solicitor, 55, Chancery-lane, W.C. BRINTON (Jemima), Bristol-roud, Birmingham. March 30; T. Simcox, solicitor, 20, Waterloo-street, Birmingham. BROOKE (Harriet G., Brislington-house, near Bristol. Feb.

Gray's-inn, Middlesex.

23; Booty and Butt, solicitors, 1, Raymond-buildings, BURN (Jacob H.), 29, Bow-street, Covent-garden, bookseller. March 1; Hird and Sons, solicitors, Portland-chambers, Great Titchfield-street, London. CHILDREN (Richard), Shernden Farm, Capel, Kent, farmer. March 1; George Stenning, solicitor, Tonbridge, Kent. CLARKSON (Sophia), 24, Carter-lane, Feb. 1; Harrison, Finch, and Jennings, solicitors, 2, Doctors' commons. Gray's-inn square, Middlesex. CLULEE (George), Holt-street, Birmingham, timber merchant. Feb. 1 Coleman and Coleman, solicitors, 25, Cannon-street, Birmingham. CRANSTOUN (Baron Charles F.), Brighton, Sussex. Feb. 10; Warry, Robias, and Burges, solicitors, 70, Lincoln's-innfields, Middlesex.

FESENMEYER (Frederick K ), 271, Essex-road, Islington, an

A valuable presentation has been made by the Conservative party in Hull to A. K. Rollit, Esq., legal adviser of the party. The presentation was, LL.D., Solicitor, in recognition of his services as Col. Pease, in the presence of the leading members we learn from the Yorkshire Post, made by Lieut.of the party.

We have been requested to state that the application in Chancery in regard to the Credit Foncier Company on Monday was simply for sanction Mr. Vallance, by which the latter consented to to an arrangement between the liquidators and return the sum of 50001. cash and 50001. in debentures (being the only amount he received), alleged to have been paid to him without sufficient ordinary sense of the term.-Pall Mall.

officer in the Royal Navy. Feb. 15; A. Storey, solicitor, 6, authority. There was no question of debt in the

King's-road, Bedford-row, London.

FORD (George S.), 2, Devon-terrace, Albion-road, Hackney. Feb. 1; William C. Fitch, solicitor, 29, Craven-street, Strand, W.C.

GLOSSOP (William), Sykes-street,

Kingston-upon-Hull,

brewer and maktster. Feb. 16; England, Saxelbyes and Sharp, solicitors 2, Quay-street-chambers, Hull. HALL William, M.D. 42, Clifton-place, Clifton road, Exeter. March 1; Western and Sons, solicitors, 7, Great Jamesstreet, Bedford-row, W.C. HOUFE (Robert), Wetherby, York, linen and woollen draper. Feb. 25; J. Coates, solicitors, Wetherby, York. HUME (James), 187, Elizabeth-street, Sydney, New South Wales, Architect. July 31; Roxburgh, Slade, and Spain, solicitors, Exchange, New South Wales. JAMES John W.), 20, Kingsdown-parade, Bristol, brassfouader. Feb. 1; Osborne, Ward, Warde, and Co., solicitors, 41, Broad-street, Bristol. JOLLIFFE (Charles), Esq., Southwood-house, Ramsgate, Kent, and 23, Great Cumberland-place, Middlesex. Feb. 1; Cur ie and Williams, solicitors, 32, Lincoln's-inn-fields. KING (George, 59, Gresham-street, E.C., glove manufac turer. Apri5; T. Berkeley, solicitor, 12, Gray's-innsquare, Middlesex.

LADBROKE (Felix), Esq., 21, Belgrave-road, Middlesex. March 1; Western and Sons, solicitors, 7, Great Jamesstreet, Bedford-row, W.C.

LONG (Benjamin J.), 28 St. Ann's-street, Manchester, and 3. Sun-terrace, Great Cheetham, Higher Broughton, Manchester, saddler and harness maker. Feb. 12; Cooper and Sons, solicitors, 94A, King-street, Manchester. LOWE (George), 9, St. John's Wood-park, Hampstead, Mid

solicitors, 13, Clement's-lane, Lombard-street, E.C.

7, King's Bench-walk, Middlesex. MARSH Giles W., 3, Mary-street, Arlington-square, Isling

ton, Middlesex. Feb. 5; Marsden and Chubb, solicitors,

H. J. and T. Child,

THE LATE MARQUIS OF HASTINGS.-At the Rolls' Chambers, in the case of Bubb v. Yelverton, a number of bills of costs against the late Marquis Church, the chief clerk. About a dozen bills of of Hastings were under the consideration of Mr. represented to be about 80001. The chief clerk, costs were brought forward, and the amount was who had sporting claims and other matters in the same case before him, said he was under the impression that the claims for law costs amounted to 18,000l. On a question being raised how the debts were to be proved, it was stated that the bills must be taxed, and if a sixth were taken off the same rule would apply as in ordinary matters, and the parties themselves pay the expenses. The chief clerk undertook to settle the smaller bills, but the others he referred to be taxed, with an intimation that if a sixth were disallowed no expenses would be ordered.

THE LAW COURTS.-The lists in the Probate Court and Court for Divorce and Matrimonial diesex, civil engineer. March 1; Digby, Sharp, and Large, Court there are 20 causes to be tried by the judge, Causes were issued on Saturday. In the Probate MACDONALD Susannah H.), Kensal Villa, Harrow-road, Mid-7 common juries, and 7 special juries. In the dlesex.. March 1; Newman, Lyon, and Newman, solicitors, latter-named, Tichborne v. Tichborne, stands Divorce Court there are 171 causes for hearing, of first, but it will be again postponed. In the which 134 are to be tried by the Judge Ordinary, 23 by common juries, and 14 by special juries. There are also 2 appeals-the first being that of the Rev. James Kelly, of Liverpool. There are of marriage, 5 for restitution of conjugal rights, 143 for dissolution, and 2 under the Legitimacy 14 cases for judicial separation, 7 for nullity Declaration Act. There are also 13 cases to stand Mordaunt, Johnstone, and Cole, stands No. 12 in over by consent. The cause célèbre, Mordaunt v. the list of special juries. There are two other sensational cases, in one of which 10,000l. damages are claimed, and in another an M.P. is the co-respondent.

59, Friday-street, Cheapside. MARTIN (James G.), 81, Victoria-park-road, Hackney, Middiesex, silk manufacturer. March 13 solicitors, 2, Paul's Bakehouse-court, Doctors'-commons. MAYON (Frances A.), Stratford-road, Birmingham. Feb. 1; Coleman and Coleman, solicitors, 25, Cannon-street, Bumingham. MAYSMOR (Humphrey L.), M.D., 3, Osborn-villas, Hove, near Brighton. Feb. 4; Dixon and Tempany, solicitors, 10, Bedford-row, W.C. MESORAT (John S.), Esq.. Bush-hill-park, Middlesex, and 21, Gloucester-square, Hyde-park, Middlesex. March 31; Palmer, Eland, and Nettleship, solicitors, 4, TrafalgarSquare, W.C. MITCHELL (George, 15, Brompton-crescent, Brompton, Middlesex. Feb. 8; C. Blake, solicitors, 4, Serjeant's-inn, Flect-street, E.C.

NANSON (John), Cent-street, Carlisle, alabaster merchant.
Feb. 10; E. Hoagh, solicitor, 34, Fisher-street, Carlisle.
O'CALLAGHAN (Thomas B.), Esq., Cork. Feb. 19; F. M.
Murphy, solicitor, 95, South Mall, Cork.
OSBORN (James), Hampton-in-Arden, Warwick, farmer.

Feb. 1; Coleman and Coleman, solicitors, 25, Cannon-street,
Birmingham.
PEMBLE (Henry), Avenue-place, Albert-road, Aston Park.
Birmingham, gentleman. Feb. 1; Coleman and Coleman,
solicitors, 25, Cannon-street, Birmingham.
REEVES (James). Charlton Villa, Selhuist-road, South
Norwood. Feb. 1; C. Stroughill, solicitor, 35, Carter-lane,

E.C. ROBINSON (Collings), M.D., Cheltenham. March 1; Goddard and Chesshyre, solicitors, 56, Regent-street, Cheltenham. SKELTON (Daniel J.). 6, Clarence Lawn, Dover, Kent, Capt. R.A. Feb. 19: Pyke, Irving, and Pyke, solicits, 43, Lincoln's-in-Fields, Strand, W.C. SKELTON (Mary A.) 6, Clarence Lawn, Dover. Feb. 19; Pyke, Irving, and Pyke, solicitors, 43, Lincoln's-inn-fields, Middlesex. SMITH (William

J. G. Hepburn and Son, Folicitors, Bird-in- lland-March 16,

St. Alban's, Hertford. 1;

Cheapside. SNODGRASS (James), Dunlop-terrace, Duke-street, Southport. Feb. 16; Welsby and Hill, solicitors, Southport. WHISTON (James W.) Ashbourne House, Handsworth, Stafford, maltster. Feb. 1; Coleman and Coleman, solicitors, 25, Cannon-street, Birmingham. WOOD Charles, 17, Cadogan-terrace, Middlesex, gentleman. Feb. 5: Belfrage and Middleton, solicitors, 36, BedfordWOODMAN (Mary), Westbourne, Sussex. Jan. 21; Edgcombe and Cole, solicitors, Portsea, Hants.

r.w, W.C.

writes :-At the late Worcester Quarter Sessions, THE GRAND JURY SYSTEM.-A correspondent ing apparel, the property of her mistress. She a servant girl was indicted for stealing wearmistress, who proved simply that "the articles in was committed for trial on the evidence of the question were left in the prisoner's charge during the absence of the family, and that five weeks missed." Another witness proved that the girl after the return of the family the articles were had brought similar articles to her (the witness's) house some two months previously. A policeman proved that he had searched the girl's boxes, and nothing. The grand jury (the foreman being the her father's and uncle's houses, and could find found a true bill on the evidence of the mistress proprietor of a leading Worcester paper) actually alone, for it turned out during the trial that the second witness was unable from illness to attend, and the case was put off till proper evidence could be adduced of such illness when the witness's deposition was read, and ultimately the prisoner was acquitted.

[JAN. 15, 1870.

THE BENCH AND THE BAR.

the bar at the Birmingham Quarter Sessions, died Mr. C. Elers, of the Midland Circuit, leader of on Wednesday morning, at his residence, Warwick.

The appointment of Attorney-General Hoar to a seat in the Supreme Court of the United States displeasure he seems in some unexplained way to has not yet been confirmed by the Senate, whose have incurred. The committee reported the nomination without recommendation, and. the postponement of its consideration being equivalent to a rejection, it is thought that the appointment will be withdrawn by the President. Judge Hoar Evarts, whose advocacy of President Johnson, on is a near relative of his predecessor in office, Mr. but it is to be hoped that partisan feeling has not the impeachment trial, has never been forgiven; in this case gone so far as to induce the rejection of one of the ablest judges and lawyers in America from a post for which his fitness is undisputed.

37 66

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registrar of friendly societies, died at 29, Abingday night Mr. John Tidd Pratt, for many years DEATH OF MR. JOHN TIDD PRATT.-On Sundon-street, S.W., in his 72nd year. The deceased gentleman was called to the bar at the Inner Temple in 1824, and in addition to his office as pointed to certify the rules of savings banks. He registrar of friendly societies, held a post in the National Debt Office, and was the barrister apwas the author of "Laws relating to Friendly Societies," A Collection of the Public General Statutes,' "The History of Savings Banks," Property Tax Act, The Laws of Highways,' blishment of Friendly Societies," and other works An Analysis of the Suggestions for the Estalife he rendered efficient service to the public in of a similar character. In the latter years of his disclosing, so far as official restraint would permit him, the unsound condition and business of some also gave great assistance to the Legislature in its of the benefit, friendly, and similar societies. He efforts to bring about a sounder state of things amongst such associations. He was always ready formation they desired as to the position and stato supply anxious private inquiriers with any inbility of societies in which they were interested.

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pies the site of the ancient hall of the Knights Temple is thus described in the Builder: It occuTHE INNER TEMPLE.-The new hall of the Inner Templars, but has been greatly extended in all its dimensions. The new hall is 94ft. by 41ft., and its height to the wall plate is 40ft. The previous hall 23ft. In rebuilding their hall the Benchers have was 70ft. by 29ft., and the height to the wall plate availed themselves of the opportunity to greatly extend and improve the domestic offices, to provide commodious robing-rooms, lavatories, &c., for the use of members and of students, and to obtain better clerks' offices. New offices have also been built for the treasurer, and the Parliament chamber has been increased in size. The exterior masonry is in Portland stone. The interior of the hall is built of the hardest Bath executed in wainscot. stone. The roof, screen, and wall linings are all lighted by sunburners in the roof, and by 16 The hall is warmed and bracket-lights against the walls. The oriel winstained glass in armorial devices. The rest of the dow at the upper end of the hall is glazed with windows are glazed ornamentally in leaded lights and plain glass, but it is believed to be the intention of the Benchers ultimately to glaze the whole of the windows with richly-coloured devices, illustrative of the history of the Temple.

MAGISTRATE AND PARISH LAWYER.

NOTES OF NEW DECISIONS. MARKET REMOVAL BYE-LAW. — Where there is a grant of a market to be holden within and may from time to time remove such market, in any convenient place within the said limits, certain limits, the grantee may hold such market ing a market must not be so restrictive as to within the same limits. A bye-law for regulator any part thereof, to any other convenient place prevent, without leave, a frequenter of it from resorting to it: (Wortley v. Nottingham Local Board, 21 L. T. Rep. N. S. 582. Q. B.)

PORTSMOUTH PETTY SESSIONS.
Dec. 28 and Jan. 11.
(Before C. J. SCALE and G. CURTIS, Jun., Esqs.)
Apprenticeship.

Fleming, a cabinet maker, for that, on Dec. 16,
1869, he then being an apprentice to the said Wil-
Jonn Hutchings was summoned by William
liam Fleming, in his trade of a cabinet maker,
and being employed as such apprentice, unlaw-
fully was, in the service of his said apprenticeship,
upon whose binding out no premium was paid,
guilty of a certain misdemeanor by absenting

himself from his said master's service without his consent, and without just cause or lawful excuse, &c.

4. S. Blake, solicitor, of Portsea, appeared for the complainant.

T. Cousins, solicitor, of Portsea, appeared for the defendant.

The facts, which were admitted on both sides, were as follows:

The defendant was apprenticed by indenture, dated 21st Dec. 1864, for seven years, and in the indenture of apprenticeship he was stated to be 15 years of age. It was afterwards discovered that he was at the date of his indenture 16 years of age, and he attained his majority on 16th Dec. 1869. On 15th Dec. he left off work as usual and informed his master that he should not return as he had attained the age of 21 years. The question, therefore, was one of law, viz., whether the apprentice was at liberty to avoid the indenture on attaining his majority, notwithstanding that the term of apprenticeship would not expire until 1871.

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THE NEW REGULATIONS FOR COSTER-
MONGERS.
THE following regulations for costermongers,
street hawkers, and itinerant traders, within a
radius of four miles from Charing-cross, have been
made by the Commissioner of the Metropolitan
Police, and approved by the Home Secretary of
State :-

1. No barrow, cart, or stall, for the sale of
articles in the street, shall exceed 9ft. in length or
3ft. in width, and no part of any such barrow, cart,
or stall, as regards the width, shall project beyond
the wheels.

2. No barrow, cart, or stall shall be placed or stand in any street or public way alongside another, so as to lessen or obstruct the breadth of such street or public way by more than the width of one barrow, cart, or stall.

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What notice of appeal to be given.

10 days

10 days

Clerk of the Peace.

J. Torkington.
J. Mayhew.
D. P. Pellatt.

drove a dog-cart through the gate, on his returning from visiting a sick parishioner. Toll was demanded, and he objected to pay it. Mr. Thurstans, who appeared for the rev. gentleman, contended that a Roman Catholic curate was exempted from toll. The 3 Geo. 4, c. 106, s. 32, exempted, among others, "any person going to or returning from his or her proper parochial church or chapel, or any other place of worship tolerated by law," and any rector, vicar, or curate going to or returning from visiting any sick parishioner, or on other parochial duty within his parish." The word curate, from curatio, meant the cure of souls, and applied to a Roman Catholic priest, because he, with every other Dissenting minister, had the cure of souls. It was clear that the section did not Blake relied upon the Master and Servant Act 1867 (30 & 31 Vict. c 141) which had been conapply exclusively to clergymen of the Church of England, because the first part of it (and it must tinued by subsequent Acts, and was now in force. By sect. 2 it is provided that the word "employer" stand in any street or public way within 4ft. 3. No barrow, cart, or stall shall be placed or be read as a whole) spoke of a church or chapel "tolerated by law;" and Roman Catholicism was shall include any person, firm, corporation, or (measured along the length of any such street or tolerated by law. The magistrates decided the company, who has entered into a contract of service with any servant, workman, artificer, labourer, public way) of another barrow, cart, or stall, which first part of the section must not be read in conapprentice, &c; it is also enacted that the word space of 4ft. shall be kept so as to enable passen-junction with the last portion. A Roman Catholic employed "shall include "any servant, work-gers to pass and repass between the road and the priest was not therefore included in the termus footway. rector, vicar, or curate," and he was not exempted man, artificer, labourer, apprentice, or other person, whether under the age of 21 years or above 4. All costermongers, street hawkers, and itin- from paying toll. They would, however, grant a that age, who has entered into a contract of sererant traders shall, when requested to do so by case for the consideration of the Superior Courts. any inhabitant, remove their barrows, carts, and vice with any employer:" further the words " constalls from before the house of such inhabitant, in tract of service "shall include "any contract whether in writing or parol to serve for any period of time, or to execute any work and any indenture or contract of apprenticeship, whether such contract or indenture has been made or executed before or after the passing of this Act." Sects. 4 to 9 of that Act therefore applied to this case, and the court could direct the defendant to find sureties or impose a fine, with power of commitment in default. The Act was passed expressly to meet such a case as this. The apprentice must serve his full time, notwithstanding he had attained his majority before its completion.

Cousins contended that the Act did not apply to such a case as the present. A contract of apprenticeship is one of those by which a person under age is permitted by law to bind himself upon that general ground adverted to by Lord Mansfield in Drury v. Drury, 5 Bro. P.C. 570, viz., that if any agreement be for the benefit of an infant it shall bind him. But he may elect to avoid the agreement at his full age (ex parte Davis, 5 T. R. 715). The liability, however, of the father upon his covenant for the services of the apprentice still continues, although the infant should elect to avoid the deed: (Cuming v. Hill, 3 B. & Ald. 59.) The Master and Servant Act did not take away or effect this common law privilege of the infant. If such had been the intention of the Legislature it would have been clearly expressed.

The BENCH said the point was a very nice and important one, and the magistrates would take time to consider the decision, which would be given that day fortnight.

On 11th Jan. 1870, the magistrates announced their decision. They were clearly of opinion that the Master and Servant Act 1867, did not deprive the apprentice of his common law right to avoid the indenture within a reasonable time of his at

taining his majority, and as he had done so in this

case the summons would be dismissed.

THE CORONERSHIP OF EAST BERKSHIRE.— This appointment is now vacant by the death of Mr. Rupert Clarke. Mr. Weedon, of Reading, is a candidate, and Mr. J. W. Smith, solicitor, of Maidenhead, has also addressed the voters.

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order to enable him to load or unload any vehicle JOINT-STOCK COMPANIES' LAW

at his door.

5. No barrow, cart, or stall shall be placed, or stand either wholly or in part on any street crossing.

6. Costermongers, street hawkers, and itinerant traders, and their barrows, carts, and stalls are hereby made liable to be removed from any street or public way in which they create an obstruction to the traffic, or where they are an annoyance to the inhabitants.

The sixth section of the Metropolitan Streets Act 1867, prohibiting the deposit of goods in the streets, will not apply to costermongers, street hawkers, and itinerant traders so long, and so long only, as their business is carried on according to the above regulations.

The police have been instructed to immediately inform persons who let barrows on hire of the dimensions which will be allowed in future, and to exercise every possible forbearance in carrying these regulations into effect, which are to supersede former regulations on the same subject.

TITHE COMMUTATION.-Mr. Marriot, the editor of Willich's Tithe Commutation Tables calculates that cach 1001. of tithe rentcharge will, for the year 1870, amount to 1047. 1s. 0, or nearly per cent. more than last year. The worth of 100l. tithe rentcharge for the last seven years has been-For the year 1864, 103l. 3s. 10d; 1865, 981. 13s. 101d; 1866, 971. 78. 91; 1867, 981. 13s. 3d.; 1868, 1007. 13s. 8; 1869, 1031. 5s. 84d; 1870, 104. 18. 04d; and the average value of 1007. tithe rent charge for the thirty-four years elapsed since the passing of the Tithe Commutation Act

is 1007. 19s. 5d.

The death is announced of Wm. Kennard, Esq., of 37, Porchester-terrace, second son of the late John Kennard, banker, of Lombard - street, by Harriet Elizabeth, daughter of William Pierse, Esq., of Windsor, born 1800, married 1823, Mary Anne, daughter of Thomas Challis, Esq. Mr. Kennard was a Commissioner of Lieutenancy for the City of London, magistrate for Westminster, Middlesex, Hertfordshire, and Stirlingshire. He was an ironmaster and coal proprietor in South Wales and Scotland; he was Sheriff of London and Middlesex 1866-7, and Conservative member for Newport, Isle of Wight, from Feb. 1857, and

was re-elected in 1859.

LOCAL BOARDS.-A Parliamentary return has just been issued giving a list of the several local boards in England and Wales under the Public Health Act or the Local Government Act, with

JOURNAL.

NOTES OF NEW DECISIONS. RAILWAY SCHEME MORTGAGE.-A mortgagee of a railway company obtained judgment and issued execution with a return of nulla bona. A scheme was arranged and confirmed, the mortgagee dissenting and subsequently levying execution and seizing plant, &c. Held, that the mortgagee was bound by the scheme, and the sheriff must be restrained from selling and continuing in possession, but that the company must pay the creditor's costs at law up to issuing execution, and their own; the sheriff's to be paid by the creditor: (Re Potteries Railway Company, 21 L. T. Rep. N. S. 545. V.C. M.)

RAILWAY--ULTRA VIRES.-An agreement to make a road and a wharf is not ultra vires of the directors. Part of the agreement was that it was on behalf of themselves (the company) and the inhabitants of B. and C. and the places adjoining. The Attorney-General was held not to be a necessary party to a suit for specific performance of such an agreement: (Wilson v. The Furness Railway Company, 21 L. T. Rep. N. S. 553. V.C. J.)

COURT OF APPEAL.

THE FAMILY ENDOWMENT ASSURANCE SOCIETY.

The Lord Chancellor and Lord Justice Gifford gave judgment on Wednesday on the appeal from the order made by Vice-Chancellor James for winding-up the Family Endowment Assurance Society, one of the companies amalgamated with the Albert. The Lord Chancellor said that, in answer to the case for the petitioner General Pott, it had been urged that General Pott had ceased to be a creditor of the society that the society was not a company capable of being woand-up under the Act of 1862; and that the court onght, in the exercise of its jurisdiction, to leave the petitioner to his remedy at law. The Lord Chancellor agreed with Sir W. James that with regard to the first question there had been no new or substituted contract with the Albert Company in place of the original contract. With respect to the second, he thought that the society had not ceased to exist, so as to prejudice the rights of its creditors when the Act of 1862 came into operation. As to the third suggestion he was of opinion that the peti tioner could not be justly left to his remedy at law Upon the whole, he considered General Pott had made out his case, and was entitled to the common

THE TAXES.-Under the new tax Act the term "male servant" includes any male servant employed in the capacity of gardener or undergardener. There is nothing in the Act to guide one as to who are to be returned as gardeners or under-gardeners. The old Assessed Tax Act of 1853 elucidated the question as follows: The duties on gardeners shall extend to every gardener rateable value of each district, and distinguishing winding-up order. The appeal must therefore be

who shall have contracted for the keeping of any garden or gardens wherein the constant labour of a person shall be necessary, or when a person shall have been constantly employed therein, to be paid by the person for whose use, and in whose garden such gardener or person shall have been employed; provided that no person shall be deemed to be a gardener unless the whole or the greater part of his time shall be employed as a gardener in a garden requiring the greater part of the labour of one person." This was enough to puzzle any intellect as involving an inquiry into the expenditure of the gardener's time and the amount of labour capable of being performed by a person.

the area, population, gross estimated rental, and

parishes wholly from parishes only partly within
a district; and a similar return of the districts
under Improvement Commissioners. The return
was ordered in July, on the motion of the Chan-
cellor of the Exchequer.

dismissed with costs.

Lord Justice Giffard concurred. Upon the application of Sir R. Palmer, the respondents were allowed ten days before the issue of the winding-up order, to endeavour to come to some arrangement with General Pott. TURNPIKE LAW.-In the Wolverhampton police court a case was tried before two of the borough MARAVILLA COCOA FOR BREAKFAST.-The Globe says: magistrates, the decision in which will be of in--"Taylor Brothers' Maravilla Cocoa has achieved a terest to Roman Catholics. The keeper of a toll- thorough success, and supersedes every other cocoa in gate near Wolverhampton was summoned, charged the market. Entire solubility, a delicate aroma, and a with "unlawfully demanding toll" of the Rev. James Trenor, curate of the Roman Catholic Church of SS. Peter and Paul, North-street, in that town. On the 22nd Dec. the complainant

rare concentration of the purest elements of nutrition, homeopaths and invalids we could not recommend a more agreeable or valuable beverage." Sold in packets only by all grocers.

distinguish the Maravilla Cocoa above all others. For

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