MARCH 19, 1870.] THE LAW TIMES. MARITIME LAW. NOTES OF NEW DECISIONS. find that the defendants knowingly and purposely charged the plaintiff more than other persons. The jury thereupon found a verdict for the plaintiff. Held (affirming the judgment of the Exchequer Chamber on a bill of exceptions), that the evidence was properly admitted; that the direction of the judge was right, but imperfect in the omission to explain to the jury the meaning of the terms "of a like description and under like circumstances;" and that proof of specific instances of inequality of charge was unnecessary. The defendants' company's special Act of Parliament (7 & 8 Vict. c. iii, s. 50), provided that charges for carriage of goods must be made" equally to all persons" in respect of all goods of a "like description," carried "under the like circumstances ;" and a subsequent special Act (10 & 11 Vict. c. ccxvi, s. 53), provided that for carriage of small parcels the company might demand "any sum they think fit." The Railway Clauses Consolidation Act 1845 (incorporated with the Company's Acts), by sect. 90 enacted that the company might vary the tolls, but that such power of varying should not be used "for the purpose of prejudicing or favouring particular parties, or for the purpose of collusively and unfairly creating a monopoly," provided that such tolls be charged "equally to all persons, and after the same rate," in respect of all goods carried over the line "under the same circumstances," and that no reduction or advance be made "in favour of or against any particular Held, that the incorpocompany or person: rating clause of 10 & 11 Vict. c. ccxxvi, incorporated the provision for equality of charge in 7 & 8 Vict. c. iii, s. 50; for the provision for equality of charge in the latter Act is not inconsistent with the power given to the company by sect. 53 of the former Act, to demand any sum they think fit for parcels not exceeding 500lb. in weight. The absolute power to charge any sum the company may think fit is not reduced to a conditional one by requiring that the tolls shall A vessel was in distress at Cuba, and it was be equally charged to all persons; nor does this necessary to have recourse to bottomry there. even operate as a qualification of the power The agents of charterers telegraphed to the itself: Held, also, that the equality clauses of charterers in Liverpool, and received authothe special Act and Railway Clauses Act ap-rity to advance on bond. The owner also plied to the extra charge for packed parcels; lived in Liverpool, but, being insolvent, the " and "like" in those charterers gave him no notice, nor had the masthat the words " Acts had not different meanings, and that ter communicated with him, as they also knew. the words were used not with reference to They were also second mortgagees, and had not the contents of the parcels, which the company communicated with the first mortgagees, who had no means of knowing, but to the parcels were close at hand. Under these circumstances, or the bond was held to be invalid: (The Panama, themselves, according as they were like different for the purpose of carriage; and that 22 L. T. Rep. N. S. 73. Adm. Ct.) the words "under the same" or "under like circumstances," referred to the conveyance of the goods, and not to the class of persons for whom they were carried: Held, lastly, that an action for money had and received would lie to recover back the overcharges made upon the carriage of the plaintiff's goods, such overcharges being in violation of an obligation imposed on the company by Act of Parliament to charge all persons equally. Baxendale v. The Great Western Railway Company, 16 C. B., N. S., 140; 9 L. T. Rep. N. S. 814, approved; Garton v. Bristol and Exeter Railway Company, 1 B. & S. 112; 30 L. J. 273, Q. B., overruled: (Great Western Railway Company v. Sutton, 22 L. T. Rep. N. S. 43. H. OF L.) same NOTES OF NEW DECISIONS. SETTLEMENT WIFE'S EQUITY. In framing the settlement of a fund belonging to a wife, the court declared the ultimate trust in default of issue to be in favour of her husband whether he survived her or not: (Croxton v. May, 22 L. T. Rep. N. S. 59. V.C. J.) WILL-MISDESCRIPTION.-Devise of an estate to the use of Robert Gillett, the fourth son of G. H. G., in case he should attain twenty-one, but if he should die under that age then to the the fifth son of the said G. H. G., use of in case such fifth son should attain twenty-one, but if he should die under that age then to such other son of the said G. H. G., who coming after the said fifth son in birth should first attain twenty-one. Robert Henry Gillett was the third son of G. H. G., and John William Gillett was the fourth son: Held, that the true effect of the will was to give the estate to Robert Henry, the third son, with a series of executory devises over to the younger sons in succession: (Gillett v. Gane, 22 L. T. Rep. N. S. 58. V.C. M.) BOTTOMRY-VALIDITY OF BOND NOTICE. COLLISION IN RIVER-VESSEL AGROUND DUTY OF APPROACHING STEAMER. Where a steamer coming up a river during a high spring tide, and late at night, after passing a schooner also coming up the river, took the ground, and whilst aground was subsequently run into by the schooner: Held, that, even assuming the steamer to have been three hundred yards ahead when she grounded, it was not the duty of the schooner, under the circumstances, to have dropped her anchor, with the view of avoiding the collision, and that the steamer was solely to blame: (The Elizabeth, 22 L. T. Rep. N. S. 74. Adm. Ct.) MONEY HAD MERCANTILE LAW. LAW STUDENTS' JOURNAL ANSWERS TO THE FINAL EXAMINATION MICHAELMAS TERM 1869-SECOND DAY. 71. Classes of criminal offences.-These are divided son is the highest offence known to the law, and into treasons, felonies, and misdemeanors. Treaentailed forfeiture, together with others of a relates to offences against the sovereign. Felonies comprise certain crimes which, at common law, heinous description made felonies by statute; while misdemeanors are crimes of an inferior degree, but divided from felonies by an arbitrary distinction: (Broom's Com. 882.) 72. Principal courts of criminal jurisdiction.In England they are the High Court of Parlia ment, the Court of the Lord High Steward of Great Britain, which is constituted for the trial, during the recess in Parliament, of peers and peeresses indicted for treason or felony or misprision of either; the Court of Queen's Bench; the High Court of Admiralty; the courts of oyer police courts in London, and the quarter and and terminer and general gaol delivery, i.e., the judges of assize; the Central Criminal Court and petty sessions of justices: (Steph. Com., book 6, c. 14.) 73. Superior Courts jurisdiction over crimes and misdemeanor-Proceedings.-The jurisdiction is are usually taken by indictment or information: confined to the Queen's Bench; proceedings in it (4 Steph. Com. 394, 6th edit.) 74, Jurisdiction of the Court of Quarter Sessions. The Court of Quarter Sessions of the Peace is a court that must be held in every county must be of the quorum. Its jurisdiction, by once in every quarter of a year. It is held before two or more justices of the peace, one of whom and determining of all felonies and trespasses 34 Edw. 3, c. 1, extends in general to the trying whatsoever committed within the county, but it has never been usual to try there any greater offences than small felonies and misdemeanors; and it is now expressly provided by statute that they shall not try any person for treason, murder, or capital felony; nor for any felony which, when committed by a person not previously convicted of nor for any of the offences enumerated in 5 & 6 felony, is punishable with penal servitude for life; Vict. c. 38; nor can they try persons charged with fraudulent practices as agents, trustees, nor can they try any newly created offence without bankers or factors under the Larceny Act, 1861, express power given them by the statute creating it: (4 Steph. Com. 404, et seq., 6th edit.) 75. Court of petty sessions-Jurisdiction.-The meeting of two or more justices for the purpose of trying minor offences in a summary way is denominated a court of petty session. It tries either criminal matters or those of a quasi civil nature. The mode of proceeding is by the justices before or warrant trying the case and deciding it sumwhom the accused is brought either on a summons marily without a jury, or sending it for trial: (See 4 Steph. Com. 416, 6th edit.) 76. Proceedings after arrest-When a person to hear the evidence against him. The depositions accused of a criminal offence is arrested, he must of the witnesses are taken down and signed by be brought before a magistrate, whose duty it is them and the justice. They are read over to the prisoner, who is asked if he wishes to say anything in answer to the charge. He is cautioned that he has nothing to hope from any promise or fear from any threat that may have been held out to him, and that anything he then says may be used as evidence against him at the trial. If he says anything it is taken down in writing, read over to the prisoner, and signed by the justice. The accused person is to be asked by the justice their depositions are to be taken and transmitted whether he desires to call witnesses; and if so, in the same way as those of the witnesses for the prosecution. The justice may discharge him, commit him to prison, or admit him to bail : (See 4 Steph. Com. chap. 10.) 77. Remand of prisoner before a magistrate.A prisoner may be remanded for a term not ex78. Larceny.-Larceny or theft (by contraction ceeding eight clear days (11 & 12 Vict. c. 42, s. 21.) It is for latrociny, latrocinium), is the unlawful taking and carrying away of things personal with intent to deprive the right owner of the same. either simple or accompanied with circumstances 79. Destroying will in testator's lifetime. — To of aggravation: (4 Steph. Com. 203, 6th edit.) a felony, and on conviction the offender is liable, destroy a will for any fraudulent purpose either during the life or after the death of the testator is at the discretion of the court, to be kept in penal servitude for life or for any term not less than (a) The questions will be found, ante, p. 53. five years, or to be imprisoned for any term not exceeding two years with or without hard labour, and with or without solitary confinement: (24 & 25 Vict. c. 96, s. 29.) 80. Cancelling or obliterating title deeds.-If belonging to another man this is felony: (24 & 25 Vict. c. 96, s. 28.) 81. Bailee converting goods.-A bailee fraudulently converting goods to his own use is guilty of larceny: (24 & 25 Vict. c. 96, s. 3.) 82. Forgery.-May be defined at common law to be the fraudulent making or alteration of a writing or seal to the prejudice of another man's right, or of a stamp to the prejudice of the revenue. In reference to this crime, as regards writings, it has been decided that the instrument forged must so far resemble the true instrument as to be capable of deceiving persons who use ordinary observation; that any material alteration, however slight, is a forgery as well as an entire fabrication; that the fraudulent application of a false signature to a true instrument, or a real signature to a false one, are consequently both forgeries; and that even if the name forged be merely a fictitious one, it is as much forgery, if done for the purpose of fraud, as if the name were that of a real person. Every fraudulent alteration in a document, whether by subtraction, addition, or substitution, is a forgery: (4 Steph. Com. 233, 6th edit.) 83. Alteration of a genuine instrument.-The slightest alteration of a genuine instrument in a material part, whereby a new operation is given to it, is a forgery, as making a bill of exchange for 81. appear to be for 80l., by adding a cypher to the 8: (Byles on Bills, 253.) 84. Acceptance of bill of exchange in name of a fictitious person. This is an offence, and the offendor will be guilty of felony, and will be liable, at the discretion of the court, to be kept in penal servitude for any term not exceeding fourteen years and not less than five years, or to be imprisoned for any term not exceeding two years with or without hard labour and with or without solitary confinement: (24 & 25 Vict. c. 98, s. 24.) 85. Recent Criminal Consolidation Acts.-The principal recent Consolidation Acts as to criminal law are, 24 & 25 Vict. c. 94 as to accessories, c. 96 as to larceny, c. 97 as to malicious injuries to property, c. 98 as to forgery, c. 99 as to offences relating to the coin, and c. 100 as to offences against the person. GENERAL EXAMINATION. TRINITY TERM 1870. An examination will be held in next Trinity Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, an exhibition, or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible. Each student proposing to submit himself for examination, will be required to enter his name at the Treasurer's office of the Inn of Court to which he belongs, on or before Wednesday, the 18th May next; and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship, exhibition, or other honourable distinction, or whether he is merely desirous of obtaining a certificate preliminary to a call to the Bar. the 25th May next, and will be continued on the It will take place in the hall of Lincoln's-inn; and the doors will be closed ten minutes after the time appointed for the commencement of the examination. : The examination by printed questions will be conducted in the following order :Wednesday morning, the 25th May, at ten, on Constitutional Law and Legal History; in the afternoon, at two, on Equity. Thursday morning, the 26th May, at ten, on Common Law; in the afternoon, at two, on the Law of Real Property, &c. Friday morning, the 27th May, at ten, on Jurisprudence and the Civil Law; in the afternoon, at two, a paper will be given to the students, including questions bearing upon all the foregoing subjects of examination. Saturday morning, the 28th May, at ten, on Hindu and Mahommedan law, and on the laws in force in British India; in the afternoon, at two, law, &c. a paper upon the foregoing subjects of Hindu The oral examination will be conducted in the same order, during the same hours, and on the same subjects, as those already marked out for the examination by printed questions, except that on the afternoons of Friday and Saturday there will be no oral examination. The oral examination of each student will be be founded on the books below mentioned; regard In determining the question whether a student A student may present himself at any number of examinations, until he shall have obtained a certificate. Any student who shall obtain a certificate may shall not be admitted to an examination for the The Reader on Constitutional Law and Legal 1. Hallam's History of the Middle Ages, c. 8. Charta to that of the Union with Scotland. in 1 and 3 only, or 2 and 3 only at their option. 1. Haynes's Outlines of Equity; Smith's Manual volume of White and Tudor's Leading Cases. Candidates for certificates of having passed a Candidates for the studentship, exhibition, or honours, will be examined in the books mentioned in the two classes. The Reader on the Law of Real Property, &c., pro- 1. Joshua Williams on the Law of Real Pro- 2. The Construction of Wills; Hawkins' Treatise on this subject, pp. 14-56. 3. The Defective Execution of Powers. Sugden on Powers, pp. 530-602, 8th edit. 4. Estates for Life: Lewis Bowles' Case, 11 Co. 79 b, and the notes to that case in Tudor's Leading Cases in Real Property and Conveyancing, PP.27-97, 2nd edit. 5. Absolute and Defeasible interests. Smith's Compendium of the Law of Real and Personal Property, Vol. I. pp. 372-461, 4th edit. Candidates for the studentship, exhibition, or honours, will be examined in all the above-mentioned books and subjects; candidates for a pass certificate in those under heads 1, 2, and 3. The Reader on Jurisprudence, Civil, and Interna- of Sandars. 2. Lord Mackenzie, Studies in Roman Law, 4. Code Napoleon, Arts. 1582-1707. 1, edit. Lawrence or Dana. 6. Maine's Ancient Law. Lectures VI. and VII. Candidates for a pass certificate will be examined in- 2. The Law of Contracts, so far as treated in Smith's Lectures on Contracts, last edit. Lectures II.-V. inclusive. 3. The Law of Torts. Broom's Commentaries, 4th edit. Book II. Simple Larceny. Archbold's Criminal Pleading, 4. The Evidence to support an Indictment for 16th edit., pp. 290-318. For Embezzlement. Id. PP. 409-417. For False Pretences and Cheating. Id. pp. 434-446. Candidates for the studentship, exhibition, or honours will be examined in the above subjects generally, and also in 5. The Law of Bailments, so far as regulated by the common Law. Coggs v. Bernard, 1 Smith's Leading Cases; Giblin v. McMullen, L. Rep. 2, P. C. 317. 6. Byles on Bills of Exchange, last edit., chaps. 1, 2, 6-8 inclusive. Observations on bills of exchange and promissory notes, their form, tions. and agreements intended to control their opera 7. Taylor on Evidence, last edit., Part 1, chap. 3. "The Functions of the Judge as distinguished from those of the Jury." Part 2, chap. 3, The Burthen of Proof." The Reader on Hindu and Mahommedan Law, and the Laws in force in British India, proposes to examine in the following Books and Subjects: Woman's Property. Grady's Hindu Law of InHINDU LAW.-1. Adoption. 2. Stridhana or heritance, chap. 2, pp. 17-61, chap. 3, pp. 117218. 106, chap. 10, pp. 237-853.) On Judicature, and on Sharers. THE LAW IN FORCE IN BRITISH INDIA. against Property; (chap. 17), Offences against Intestacy and Testamentary Act (Parts 2 to 7 inclusive). Penal code (chap. 16), Offences the Person. Criminal Procedure Code (chap. 2 and chap. 31.) Starling's Penal and Procedure Civil Procedure Code (pp. 51-136). Field's Law Code. Civil Procedure Code (chap. 3) Broughton's of Evidence (pp. 4-59). By Order of the Council, Council Chamber, Lincoln's-Inn, MARCH 19, 1870.] of her solicitor, who objected on various gronnds. In consequence of such refusal the registrar adjourned the summons that the objections might be heard and disposed of by me, and they were The circumso heard on the 25th Feb. last. stances under which the summons was issued, and which are material to be considered with reference to the objections urged before me are these:-On the 29th Aug. 1869, William Brooksbank, a trader, executed a deed of assignment of all his real and personal estate and effects to trustees, with full powers of sale, realisation and receipt, for the equal benefit of all his creditors in like manner as if he had at the date been duly adjudged bankrupt, and the deed declared that the trustees, as well as the creditors, should have all the powers, rights, privileges and remedies with respect to the debtor and his estate and effects, and the management, realisation, collection and recovery of the same, as were then possessed or might be used or exercised by assignees or creditors with respect to a bankrupt or his estate and effects. The deed then contained an immediate and absolute release by the creditors to the debtor from all existing debts, claims and demands. The deed was duly executed at its date by the debtor and trustess, and registered on the 10th Sept. 1869, under sect. 149 of the Bankruptcy Act 1861, and stamped with the ordinary ad valorem duties imposed by sect. 195 and the memorandum of registration written thereon containing the particulars required The by sect. 196 of the Bankruptcy Act 1861. deed was also executed by eleven creditors of the debtor, including George Atkinson, the husband of the party summoned, and a memorial of the deed was duly registered at Wakefield on the 3rd Sept. 1869. There was no evidence that any creditors ever dissented from the deed, or claimed against the debtor any of the rights of a nonassenting creditor. The deed was an act of bankruptcy under the old law as well as the new, and under the Bankruptcy Act 1869, sect. 64, six months having now elapsed since the execution of the deed, no adjudication in bankruptcy could now be founded upon it. These being the facts, the objections urged on behalf of the witness are (1) that the court, as a local court of bankruptcy, has no jurisdiction in the matter; (2) that if it had, the case is one in which the jurisdiction is not exercisable, the deed not having been registered under the 192nd and 193rd section of the Bankruptcy Act 1861. In support of the first objection, that this court had no jurisdiction, it was urged that the jurisdiction in bankruptcy over creditors' deed was created by the Act of 1861, and that this Act was repealed by the 32 & 33 Vict. c. 83, save in so far as the repeal was affected by the saving in sect. 20 of that Act, and that that saving, so far as affects this question, was limited to proceedings pending in bankruptcy at the time of passing the Act, and that, pending proceeding in bankruptcy, are dealt with by the 130th section of the Bankruptcy Act 1869, and the recent orders, and that neither that section nor the orders relate to or affect this matter. I am of opinion that the question here has no reference to pending proceedings, and it may be assumed that the jurisdiction I am called upon to exercise is not in respect of any pending proceedings, but rests upon entirely different grounds. The debtor at the date of the deed resided and carried on business at Shipley, which was then within the jurisdiction of the Leeds District Court of Bankruptcy, and the effect of the Bankruptcy Act 1861, was, at the date of the deed, to vest in that court such jurisdiction (if any) as might be required to be exercised in respect of the deed. And the question is, has the jurisdiction now become vested in this court. Sect. 20 of the Bankruptcy Repeal Act 1869, before referred to, is as follows: "The enactments described in the schedule to the Act are hereby repealed," and the schedule includes the Bankruptcy Act 1861, but it proceeds,-"This repeal shall not affect the past operation of any such enactment," and the past operation of the 197th section of the Bankruptcy Act 1861, was to vest the jurisdiction as to creditors' deeds in the Leeds District Court of Bankruptoy. It was then insisted that the jurisdiction thus created has not been continued either by the Bankruptcy Repeal Act 1869, or the Bankrupety Art 1869, except as to ing proceeding within the meaning of either of pending proceedings, and as this was not a pendthose Acts the jurisdiction no longer exists. It must be observed, however, that by the 78th section of the Bankruptcy Act 1869, the Lord Chancellor, with the advice of the Chief Judge in Bankruptcy, is empowered to make general rules for the effectual execution of the Act and the object thereof. Under this power rules have been prepared, of which rule 316 applies to trust deeds, and directs that the local bankruptcy courts shall have and exercise all the powers, jurisdictions, and authorities of any district court of bankruptcy or of any County Court with respect to any trust deed or deed of arrangement, composition, or inspectorship executed by a debtor, whether registered or in course of registration, on or before the 31st Dec. 1869, in the same manner as they may exercise THE LAW TIMES. Bankruptcy Practice in the County Courts. This was a sitting for the public examination of a bankrupt, whose adjudication took place under vestigation of the bankrupt's affairs at the office the new law. The trustee's representative, Mr. of the trustee, and the bankrupt's explanations Frodsham, reported that there had been a full inwhich demanded a public examination. had been so far satisfactory that there was nothing His HONOUR said that if the trustee was satisfied the court was not called upon to interfere; and he was pleased to think that with the new system those long and tedious examinations of a bankrupt upon his accounts inflicted upon the court under the whole system, were no longer to be tolerated, but that the trustee was invested with full power to examine the bankrupt upon all matters of accounts, and could reserve for the court only such points as required investigation publicly. The bankrupt thereupon signed the required declaration that all his property had been sur " rendered; and afterwards the following judgment was delivered with respect to the rights of parties under a bill of sale, which had been discussed at a previous sitting : tered. The case CORRESPONDENCE OF THE PROFESSION. NOTE. This department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it.] COUNSEL AND ATTORNEY.-I have read, with pleasure, the letter of H. D. in your journal of the 12th inst., as I desire to see an amalgamation of the legal profession in England and Wales, as is the case, beneficially, in America. I believe, and I have thought much upon the subject, that this change would operate beneficially, not only with respect to the public, but also with respect to the two branches of the legal profession itself. The education of attorneys and solicitors is now quite different and more perfect than it was when I was admitted a quarter of a century since legally and generally-so that the ancient line of separation between attorneys and barristers is decreasing yearly. I believe that one judge at least has favoured the suggested union already, besides many leading members of the legal profession. The projected and much required fusion of equity and common law, as well as the equally desirable law university with degrees, the scheme for which is already highly approved by many competent persons, tend to prepare the public for the amalgamation desired by H. D. and by myself. CHR. COOKE. CERTIFICATES OF BIRTH.-I wish to call your attention to the decision amounting to an absurdity, recently given in the Rolls Court, Re Wintle (21 L. T. Rep. N.S. 781), where the Master of the Rolls said that a properly authenticated registrar's certifiate of birth (6 & 7 Will. 4, c. 86) is only evidence that the child was living on the date of registration, and not that it was born on any previous day. Those who know anything of registration business know that the births of children fact that their births and deaths are frequently are frequently registered after they are dead, in registered simultaneously. How then can a certificate of birth be evidence that the child was living at the date of registration? In endeavouring to deal a blow at the usefulness of these certificates his Lordship over-reached himself, and went considerably beyond the mark. SUPERINTENDENT REGISTRAR. His HONOUR said in this case the creditors' trustee applied to the court for directions to sell, as part of the bankrupt's estate, the goods in the house No. 67, Berkley-street, Liverpool, which he occupied, such goods being claimed by Mr. Edward Southam, of Manchester, under a bill of sale dated the 15th March, 1869, and given to secure the repayment of 2761. 7s., money lent. Mr. James appeared as counsel for the creditors' trustee, Mr. Richardson for the holder of the bill of sale. The case, though argued upon several grounds in support of the claim of the trustee to the goods, appears to me to resolve itself into one single point-namely, whether such goods were, on the 28th Jan. last, the time of the bankruptcy, in the possession, order, or disposition of the bankrupt, by the consent and permission of the true owner. The Bills of Sale Act was appealed to in the course of the argument, and a number of cases were cited relating to questions under that Act, but the cases do not, as it seems to me, bear upon the particlar point, because they refer to nonregistered bills of sale, whereas in the present instance the bill of sale was duly regismost relied upon in sup port of the contention of the trustees and supposed to be on all fours with that now before me, was that of Mr. Vining, the lessee of the Princess's Theatre, who had given a bill of sale some time before his bankruptcy to his father, which bill of sale the chief judge in bankruptcy set aside in favour of the creditors. The only report of the case which was produced was a short statement of it in the Weekly Notes and in a newspaper, and I therefore thought it my duty to obtain an authentic report of the judgment, if one existed, and upon my application the solicitors to the bill of sale holder have kindly furnished me with it. Upon looking at the judgment, I find that the bill of sale was unregistered, and that the question before the court turned upon whether it was or was not the fact that, after the giving of the bill of sale, the goods were under the real and exclusive dominion of the grantee, or whether he had simply colourable possession, the real possession continuing in the grantor, because on the solution of that question the further question depended whether the bill of sale was or was not void as against creditors. The Chief Judge held that the possession by the grantee was not such as to take the TOUTING AT COUNTY COURTS.-I should be case out of the operation of the Bills of Sale Act, grateful to some of your numerous correspondents and that therefore the bill of sale was void against if they would suggest a means by which the above creditors. But in this case the grantee, having nuisance could be abated. At none of the metroregistered his bill of sale, is entitled to the protec-politan courts does the evil flourish more than at tion of the statute. That, however, does not end the controversy, for in addition to satisfying the Bills of Sale Act, the Bankruptcy Act, with respect to reputed ownership, has to be considered, because it has been decided that the Bills of Sale Act does not narrow in the least degree the doctrine of reputed ownership under the bankruptcy statutes. Its provision upon the subject is the same in the new Act as it was in the old, with this important distinction, that under the old Act the clause applied to all bankrupts alike, whether traders or not; but in the present Act it applies only to bankrupts who are traders. The latest reported case upon the subject is that of Viccarino v. Hollingsworth, 20 L. T. Rep. N. S. 362. The bill of sale in that case, as in this, was of the household furniture. It was executed on the 13th Nov., and on the same day it was arranged that a Miss Bowyer should take possession on the part of the grantee. This she did by living in the house with the family of the grantor, and in fact as a member of it, until the 20th, when he was adjudicated bankrupt on his own petition. The bill of sale was not registered, as, indeed, it need not have been, within that time. The assignees brought an action against the grantee for the value of the goods, and the question left to the jury was whether the young woman actually, and not merely colourably, took possession of them on the part of the grantee with a view to prevent their being dealt with without her instructions. The verdict was in favour of the holder of the bill of sale, and on an appeal to the full court it was held that the direction of the learned judge to the jury was right, and the court refused to disturb the verdict. Applying the same test to this case and to the facts proved before me-which I need not recapitulate or further refer to than to say that in my judgment they are much stronger in favour of the grantee than the facts were in the reported case alluded to, and that they do not indicate any laches on the part of the grantee, or halting in the assertion of his full rights by taking and holding possession as soon as he was entitled to do so,—I have come to the conclusion that the goods in question were not in the possession, order, or disposition of the bankrupt at the time of the bankruptcy with the consent and permission of Mr. Southam, and that therefore I must refuse to make an order authorising their retention or sale on behalf of the creditors. Westminster. It is no uncommon thing to see the precincts of the court surrounded by half a dozen harpies who, under pretence of being "agents," "reporters" or what-not, waylay the suitors, proffering their advice and assistance, and generally concluding with a recommendation to employ some low attorney, whose "office ?" is at the narest public house, and whose fee ranges from 7s. 6d. downwards. The obvious effect of this state of things is to lower our branch of the profession in the eyes of the public, and materially to reduce the scale of fees which, as advocates, we are fairly entitled to; for in self-defence I am often obliged to accept a smaller fee than the merits of the case would justify my doing, were it not for fear of losing a client through the influence of the touts. If the learned judges and registrars of the various courts would lay down a rule that, except under very special circumstances, no attorney's costs should be allowed unless he were employed at least the day prior to the hearing, and unless notice of his being so employed were given to the court on such day, I think the touts would find their occupation gone. A COUNTY COURT PRACTITIONER. BACHELOR OF LAWS.-" Articulus" will find all the information he requires in the calendar of the London University the edition of which for school education will qualify him to pass the mathe current year has just ben published. If his triculation examination, and he has a good reading knowledge of Latin and French, he may undertake the course of the LL.B. not only without loss, but examination for the degree is similar in character with profit to his other legal studies. The final to the final of the Incorporated Law Society, but the proportion of questions required to be accurately answered is larger. There is no bankruptcy law examination, but a paper on Roman law is added to those on common law, equity, real property law, and the law of evidence. At the first examination (after matriculation) the subjects are tory. Pretty close and regular reading, I may Roman law, jurisprudence, and constitutional his add, is required, in order to save the student from disappointment. LL.B. In answer to "Articulus" I am unable to help much, since I wrote to you myself some such letter as his lately, and was not favoured with an answer. But I may add for the sake of fellowship that I fully purpose with due deference (where necessary), to sign myself LL.B.. sooner or later. My first step at Christmas, I should mention, was not auspicious, as the examiners were not pleased with my Chemistry and my Natural Philosophy, and no wonder, we are not all Admirable Crichtons. I have never heard that he even could distinguish atomic and molecular systems of notation, or could count the number of vibrations of a fiddle string sounding X sharp. I try again, however, in June, and will report success. I hope there is no impassable gulf. The chief difficulty must be with the Roman and Constitutional Law, which is taken in the 1st LL.B. Examination, a year (or more) after the Matriculation. I should fancy the 2nd LL.B. Examination, in which the branches of Modern Law are the chief subjects, would not be an object of dread to one primed for the ordinary Final Examination; and it would be well to make these coincide, if possible, so:-June 1868, Preliminary Examination: June 1870, LL.B. Matriculation: Nov. 1870, Intermediate; June 1871, or Jan. 1872, LL.B. 1st June 1873 or Jan. 1874, LL.B. 2nd; June 1873, Final, as the 2nd LL.B. Examination comes three years after the Matriculation, and two years after the 1st LL.B. They will furnish "Articulus" with a paper containing most of the necessary information as to subjects, times, &c. which he wants, on application at the University office, 17, Savile Row. And the University Calendar will show the papers set in the different subjects in the preceding year. If he can help me in any way, or thinks I can be of any use to him, I shall be glad to communicate further; and for that purpose will place my address at the Editor's disposal. INPLUMIS. NOTES AND QUERIES ON POINTS OF PRACTICE [N.B.-None are inserted unless the name and address of the writers are sent, not necessarily for publication, but as a guarantee for bona fides.] Queries. 102. MARRIAGE-CONSANGUINITY.-A. by his wife B., has a child C.; B. dies and A. marries again, D. by whom he has two children E. and F. Meanwhile C. has married and has issue G. Is G. prevented by law from intermarrying either with E. or F. (the children of A. by his second wife D.) The relationship certainly seems no closer than that of first cousins? READER. 103. MORTGAGE-HUSBAND AND WIFE.-B. is the transferree of a mortgage for 501. (the mortgagor is not a party to the transfer), the mortgage contains the usual power of sale and covenant to pay the 50%, the drafts of the mortgage and transfer are in the possesion of B.'s solicitor, they were prepared by a solicitor who has been dead some time, and who acted for all parties; it is not known who were the attesting witnesses to the mortgage or transfer. B.'s wife attended, on the transfer being executed to her husband, and took up the title deeds, and has always been allowed by B. to receive the interest of the mortgage. B. has since separated from his wife for a cause that would justify him in so doing. they are, but he is sure that his wife has parted with B. has never seen the title deeds and cannot learn were the custody of them, the mortgagor and transferor are both more or less acting in collusion with B.'s wife. B. wants his principal and interest. What legal proceedC. ings should he take and against whom? (Q 97.). WILL-GIFT TO CHILDREN.-The terms of the gifts (apart from the express directions as to the vesting of shares), would certainly include all the children of M. by any marriage, and whether born before or after the testator's decease, who attain twenty-one or marriage, but by a well settled rule founded on principles of convenience, only such children could take as come in esse death of B., the tenant for life, or before some child before the fund is distributable, that is to say, before the attains twenty-one or marries, whichever event shall last happen: Barrington v. Tristram, 6 Ves. 345; Clarke v. Clarke, 8 Simon. 59. Every child would take a vested interest on attaining twenty-one or marrying, subject to be divested pro tanto so as to let in other children born before the period of distribution. The question then is, whether the direction that the gift is to create "vested interests at my decease in such of them as shall then have attained that age or marriage, and in such of them marrying," is sufficient to narrow the class of M.'s as shall be then minors upon attaining the said age or children actually or presumptively entitled so as to exclude children coming in esse after the testator's death, and before the period for distribution. The point is difficult and doubtful, but I think the words have no such exclusive effect. The courts are anxious to avoid giving such an operation to gifts to children as will restrict them to certain classes of children: (See Re Pickup's Trusts, 9 W. R. 251; Appenheim v. Henry, 10 Hare, 441; Jackson v. Dover, 10 L. T. Rep. N. S. 489.) All that can be said is, that on the strict literal con. struction of the words, there is no direction as to the MARCH 19, 1870.] minors" vesting of the shares of children born after the testator's death; but I think the words "shall be then may, without much straining, be held to apply to unborn children as well as minors. It may well be argued that the testator, in giving directions as to the vesting, had divided the class intended to take into two sections; providing first for those who at his death had attained majority or marriage, and, secondly, for those who had not; and that, although in the latter case he had not used the aptest words, the shares o unborn children, as well as of minors were intended to be provided for, so as to meet every possible contingency in which children could take under the original gifts. There is not, in my opinion. any clearly defined intention of narrowing the class to the exclusion of afterborn children. Z. Y. (Q.99.) CONVEYANCE-RENTCHARGE.-The case is certainly not within the 17 & 18 Vict. c. 83, s. 16, but the proviso amounts to a grant, or an agreement to grant, a rentcharge to the vendor in a contingent event. This may possibly be considered as incidental to the conveyance within the principle of Doe v. Phillips, 3 Perry & Dav. 603. It would, however, be safer to add the 358. stamp on the assumption that it is not so incident. It appears to me that a grant or agreement to grant a rentcharge which may not come into existence for centuries is open to objection on the ground of perpetuity. Assuming it to be good I think it is not a penalty, but stipulated damages, and that from the nature of the case a court of equity would not under the proviso interfere by injunction: (Woodward v. Gyles, 2 Vern. 119; Sainter v. Ferguson, 1 M. & Gor. 286. If the objec tion for perpetuity be sustainable, and were insisted on, possibly an injunction to prevent the building of shops or the carrying on of offensive trades might be granted. Z. Y. (Q. 100.) MORTGAGE-DISTRESS.-The question is an elementary one. Did the relation of landlord and tenant subsist between the mortgagee and mortgagor at the time the rent accrued due and also at the time of the distress? That, of course, depends on the nature of the tenancy created by the attornment. If such relation subsisted and a fixed rent was in arrear, the mortgagee could, of course, distrain. Refer to Pinhom Z. Y. v. Souster, 8 Ex. 763. An attornment clause gives to the mortgagee the power of distress incident to landlordship, which is a right to distrain for rent due all goods found upon the premises. A mortgagee may also avoid by ejectment all leases made by the mortgagor without his concurrence subsequently to his mortgage. See Davidson's Precedents and Forms in Conveyancing, 2nd edit., vol. 2, part 2, pp. 566, 571; Williams on the Law of Real Property, 6th edit., p. 219; and Smith's Compendium of the Law of Real and Personal Property, 3rd edit., p. 370. S. L. R. (Q. 101.) WILL-CONSTRUCTION.-The grandchild Y. Y. cannot take: (Pride v. Fooks, 32 L. T. Rep. 358; 3 De G. & J. 252.) Z. Y. It is quite clear that where there are immediate children to take under a bequest to "children," the grandchildren are excluded. It is also clear that where the will would otherwise be inoperative, or where the testator uses the words "issue and "children" indiscriminately the grandchildren are included; but the evidence on the question whether in other cases grandchildren are entitled under the term children is conflicting. The Lords Commissioners in Crooke v. Brookeing, and Lord Alvanley in Reeves v. Brymer, considered that they would. Sir W. Grant, too, appears to have held this view. The Lords Justices, on the other hand, in Pride v. Fooks, were decidedly opposed to this construction. For further information see Jarman on Wills, 3rd edit., vol. 2, pp. 135 to 139, in which the author inclines to the latter opinion. LEGAL OBITUARY. LORD BARCAPLE. S. L. R. THE LAW TIMES. Pleas at Westminster, and a solicitor in the High many years. LAW SOCIETIES, EQUITY AND LAW LIFE ASSURANCE At the annual general meeting, held on Friday, The past year closes the fifth quinquennial period for which the society has existed, and the directors, in making their annual report to the proprietors, think it well to extend their review to the operations of the whole of the five years. They have again the satisfaction of reporting The total premiums of the year amount to In the last five years the amount of the assets Recent events have forcibly illustrated the dangers attendant on secrecy in the conduct of insurance companies. The directors have always published full statements of the receipts and expenditure of the society, with such other particulars as seemed useful; but, being of opinion that it is the duty of every Life Office which claims the confidence of the public to place its stability beyond all question, they have decided to give a still more complete exposition of the society's affairs, by bringing together the figures contained in the published accounts of the last five years. This is accordingly done in a simple table (for which we must refer the reader to our advertisement columns), by which the progress of the society from year to year may be traced with the greatest facility. be seen that in addition to 127,776l. 10s. 9d. re- In view of the preceding facts the directors cannot doubt that the results of the fifth division of profits, which they anticipate will be made known in June next, will be highly satisfactory both to the proprietors and to the assured. The directors retiring by rotation are Mr. Hughes, Mr. Bristowe, Mr. Potter, and Mr. Armstrong. The retiring auditors are Mr. Boodle for the proprietors, and Mr. Bailey for the assured. All these gentlemen offer themselves for re-elec tion. GEORGE LAKE RUSSELL, Chairman. REVENUE ACCOUNT. 1868, as per last account... Fees, fines, &c. Profit and loss (balance of Annuity purchase-money... £ s. d. 683,773 12 10 Freehold House, 17 and 18, Lincoln's-inn- viz.: Premiums 24,375 12 4 736,614 18 10 £760,990 11 2 s. d. 21,819 0 2 2,760 12 6 554,037 9 3 8,674 13 0 92,484 0 3 43,327 1 0 11,400 0 0 £3,966 19 0 THE late Hon. Edward Francis Maitland, Lord M. L. JOBLING, ESQ. The late Mark Lambert Jobling, Esq., solicitor, of Barras Bridge, Northumberland, who died on the 19th ult., in the sixty-seventh year of his age, was the eldest son of the late James Jobling, Esq., of Seaton Lodge, Northumberland, by Susannah, daughter of Thomas Lambert, Esq. He was born at Seaton Lodge, in the year 1803, was educated at Dr. Bruce's academy, at Newcastle-upon-Tyne, and in 1824 he was admitted a solicitor of His Majesty's Courts of King's Bench and Common 15,966 19 0 £760,990 11 2 29th January, 1870. We have carefully examined these accounts, and find (Signed) JOHN BOODLE, them correct. JOHN C. TEMPLER ARTHUR H. BAILEY, W. H. DUNSTER, Auditors. LAW STUDENTS' DEBATING SOCIETY. At a meeting of this society, held on the 15th inst., Mr. Widdows in the chair. Mr. L. Hunter, the present secretary, was elected to the office of treasurer, rendered vacant by the resignation of Mr. Herbert, and Mr. A. G. Harvie was appointed auditor in the place of Mr. Byrne, also resigned. The question for discussion was No. 449 legal. "A., an insurance company, is purchased by and amalgamated with B., another insurance company. After the transfer A. is not wound-up. Can original policies against the shareholders of that company, policy-holders of A. enforce the claims under their who have not passed into and become shareholders of B. ?" The debate was opened by Mr. Appleton, for Mr. Hargreaves, in the affirmative, and after |