REAL PROPERTY AND NOTES OF NEW DECISIONS. CONTRACT FOR PURCHASE-CONVERSION. J. H. entered into a contract for the purchase of real estate, but died intestate before completion, and the vendor afterwards rescinded the contract under a clause contained therein, enabling him to do so in case the purchaser should make any requisition with which he should be unable or unwilling to comply: Held, that at the time of the intestate's death a contract existed, which might have been enforced by the vendor, and that the heir of the intestate being entitled to the benefit of that contract, he was entitled to be paid the amount of the purchase money out of the personal estate: (Hudson v. Cook, 26 L. T. Rep. N. S. 180. M.R.) EASEMENT-EXCESSIVE USE OF PROPRIETOR OF DOMINANT TENEMENT-PREVENTION.-The plaintiff, having a prescriptive right to a flow of water, led by means of a gutter laid in a millstream at a point where an ancient weir was erected, lengthened the gutter for the purpose of irrigating more land. The flow of water down the defendant's mill-stream was diminished, and the defendant in consequence pulled down the ancient weir, which prevented the water from flowing down the plaintiff's gutter: Held, that no suspension of the plaintiff's right to the enjoyment of the flow of water as it had formerly existed was caused by his having become a wrongdoer, and the defendant was not justified in stopping the plaintiff's excessive user by means which altogether prevented his enjoyment of the water, but only in stopping it by the least injurious means in his power. Semble, that if there had been a confusion of rights, the defendant would have been justified in abating the nuisance: (Hill v. Cook 26 L. T. Rep. N. S. 185, C. P.) COMPANY LAW. NOTES OF NEW DECISIONS. PRACTICE WINDING-UP LIQUIDATOR RIGHT OF CONTRIBUTORY TO DISCOVERY. Where an official liquidator is seeking to place on the A list of contributories a person who transferred his shares prior to the commencement of the winding-up of a company, the alleged contributory is entitled to require the official liquidator to make an affidavit as to documents in his possession relating to the particular shares in respect of which he is sought to be placed on the list, for, in seeking to place a person on list A, the official liquidator is acting in the interests of the company, and is therefore liable to be treated as an ordinary litigation in respect of discovery. But where the official liquidator is seeking to place a person on the B list of contributories, the alleged past member cannot require the official liquidator to make an affidavit as to documents in his possession; for liability to be placed on the B list is not a matter in which the company has any interest, but is a contest between pass shareholders and creditors, in which the official liquidator is merely in the position of a receiver, and cannot be treated as a party to the litigation for discovery or otherwise. An official liquidator stands in the position of a manager or receiver in a partnership suit, and it is his duty to hold an impartial hand between all persons whose interests are involved in the winding-up, and not only to give any such person access to the books and papers of the company in his possession, but also to give him every assistance and facility in finding out what books and papers are relevant to his case. Order of the Master of the Rolls discharged: (Gooch's case, 26 L. T. Rep. N. S. 177. L.JJ.) MERCANTILE LAW. NOTES OF NEW DECISIONS. PRINCIPAL AND AGENT-BROKERS-CUSTOM OF TRADE- EVIDENCE OF ADMISSIBILITY CUSTOM OF ANALOGOUS TRADE.-The plaintiffs, F. and D., sued the defendants, M. and W., who were fruit brokers in the city of London, employed by them, for not accepting a cargo of Chesme raisins, agreed to be sold by the following note, viz.: "Messrs. F. and D. We have this day sold for your account to our principal, to arrive per steamer from Trieste, fifty to seventy tons of Chesme raisins. F. and D. to dtaw on M. and W. for £500 (if required), on handing equal value. . . . . M. and W., brokers." Held, that evidence was admissible of a custom in the fruit trade of London rendering brokers who sign such a contract for an undisclosed principal personally liable thereon, notwithstanding that they may subsequently declare the name of their principal. Held, also, that evidence of a similar custom in an analogous trade of the same city, viz., the colonial trade, might likewise be received: (Fleet and another v. Murton and another, 26 L. T. Rep. N. S. 181. Q. B.) MARITIME LAW. THE LAW OF NATIONS-NOT OF A PARTICULAR STATE OR COUNTRY. IN the case of the Patria, reported in 1 Asp. Mar. Law Cas. N. S. 77, Lloyd v. Guibert was relied on as deciding that, unless otherwise expressly provided, the law of the country to which the ship belongs must be taken to be the law to which the parties have submitted themselves. Butt, Q.C., replied: "If Lloyd v. Guibert decides that the general maritime law admitted in England is not a universal maritime law binding on all nations in time of peace, but a law to be derived from the practice and decisions of England, the decision is wrong and not binding upon this court." Dr. Phillimore, in deciding, said, "I have been much pressed by counsel for the plaintiffs to pronounce that the decision of Lloyd v. Guibert is not binding in the Admiralty Court, and also, that the judgment errs in ascribing to the Admiralty Court the doctrine that the general maritime law is not a universal maritime law, binding upon all nations in time of peace, but a law which is to be derived from the practice and decisions of English tribunals. If it were to decide the latter point, with all respect for the high authority of the tribunal which delivered the judgment, I should have hesitated a long while before I assented to a position that there was not a general maritime law administered in the English as well as in the which, according to the comity of nations, was should have rememforeign Admiralty courts, bered, and endeavoured to apply the law, upon which Lord Stowell, in the Gratitudinine, founded the authority of the master when acting as necesthe language of Lord Tenterden, in Simmons sary agent for the owner of the cargo, and have referred to the judgment of Story (De v. White, as to the division of average. I should Lovio v. Boit) as to the ancient laws, customs and usages of the sea, and considered whether there was not a general maritime law founded upon them and the recognised exposition of them, as wholly distinct from the common law of England as the law by which in cases of collision the Admiralty court finds both parties to blame is distinct from that of the common law, which, upon its own principles, refuses to allow any verdict to be given." The best definition of maritime law, as distinguished from the common law, is in the quotation on the title page of "Benedict's American Admiralty." "The worst civil code would be one which should be intended for all nations indiscriminately-The worst maritime one which should be dictated by the code, separate interests, and influenced by the peculiar manners, of only one people.-Pardessus." This, no doubt, was the light in which Dr. Phillimore reviewed the case of Lloyd v. Guibert, and this is the view of all All American admiralty jurists.-New York Transcript. Feb. 17. COUNTY COURTS. DEWSBURY COUNTY COURT. (Before Mr. Serjt. TINDAL ATKINSON, Judge.) Rayner (Tennant and Rayner), for the defendant. а The plaintiff, who is a mason and builder at Mirfield, sued the defendant, the Rev. Charles Halmshaw, for £5 10s., alleged to be due on the 5th March last, for one quarter's rent of a house occupied by the defendant as plaintiff's tenant up to 5th Dec. last. The point in dispute involved not only the present claim for £5 10s., but also the question whether the defendant was not bound to hold the premises and pay rent up to June 1873. The house had been formerly occupied by Mr. Whalley, who left the house in or about Jan. 1871, at which time the defendant arranged with Mr. Whalley to continue to occupy up to June last (when Mr. Whalley's tenancy would expire), and also agreed with plaintiff to continue as quarterly tenant from the 5th June last. The defendant had given to the plaintiff a notice on the 5th June that he would quit on the 5th Sept. Defendant stated that in the middle of August he asked plaintiff if he could stay "another quarter," and the notice given on the 5th June was destroyed. The defendant on the 5th Sept. gave another notice to the plaintiff that he would quit, and he quitted and gave up possession accordingly on the 5th Dec. On behalf of the plaintiff, it was contended that the defendant was a yearly tenant, and that the notice to quit should have been given to expire in June next. That the notice given on 5th Sept. had been withdrawn, and that assuming the defendant to be only a quarterly tenant, the notice given by him on the 5th Sept. was bad, by reason of being a day too late. Rayner, on defendant's behalf, contended that the tenancy was a quarterly tenancy; that the second taking being for a term certain, no notice was requisite, or, if requisite, the second notice to quit had not been withdrawn, and was a good notice, and that the tenancy had been duly determined, and defendant was not liable. A long legal argument was made on the decision various points, and numerous cases cited, and His HONOUR (who had reserved his judgment from the last court day) now gave judgment in favour of the defendant, and allowed costs of attorney and witnesses. The cases referred to by the judge, in giving his in favour of the defendant, were Rogers v. Kingston-upon-Hull Dock Company (34 L. J. 165, Ch.), where six months" were held to mean "lunar months," and any notice given on the 9th Oct. to quit on the 25th March following was held to be a good six months' notice, and Freeman v. Reed (22 L. J. 226, M. C.), where it was held that in the computation of a "calendar" month it must be reckoned from a certain day in one month to the corresponding day of the month in the next month. The notice to quit of 5th Sept. was as follows:-" Mirfield, Sept. 5, 1871. I, Charles Halmshaw, do hereby give notice that it is my intention to quit the house occupied by me at Knowl, in the parish of give up possession of the same to the said Joseph Mirfield, belonging to Mr. Joseph Sheard, and to Sheard at the expiration of three months from the date hereof.-Witness my hand, this 5th Sept. 1871.-Charles Halmshaw. To Mr. Joseph Sheard." The cases relied on for plaintiff included Corn(14 M. & W. 72); Page v. More (12 Q. B. 521); Doe wall v. Matthews (11 C. B. 675); Mills v. Goff relied on for defendant included Doe dem. Parry dem. Spicer v. Lea (11 East, 312). The cases v. Hazell (1 Esp. 94); Shirley v. Newman (Ib. 266); Kemp v. Derrett (3 Camp. 510); Doe dem. Buddle v. Lines (17 L. J. 108, Q. B.); Doe dem. Harrop v. Green (4 Esp. 198); Papillon v. Brunton (29 L. J. 265, Ex.); Reg. v. Guardians of Hastings (L. Rep. 1 Q. B. 38); Churchwardens of Paddington v. Willesden (32 L. J. 108, M. C.); Messenger v. Armstrong (1 T. R. 54); Right dem. Flower v. Darby (Ib. 112); Tayleur v. Wildin (L. Rep. 3 Ex. 303); Rogers v. Kingston-upon-Hull Dock Com pany (34 L. J. 165, Ch.) LIVERPOOL COUNTY COURT. Retirement of Judge Blair. FAILING health, which for some some time had prevented Mr. James Kennedy Blair, the learned colleague of Mr. Serjt. Wheeler, from discharging personally his duties as one of the judges of the Liverpool County Court, induced that gentleman to tender his resignation of the important office which he held in connection with our local adminis tration of the law. Mr. Blair's resignation took effect on Monday last; and Mr. Serjt. Wheeler, on entering the court this morning, took occasion publicly to announce the fact, and in expressing his regret at the severance of the official relations which had existed between himself and Mr. Blair for the last fifteen years, to recognise the efficient and conscientious manner in which Mr. Blair had discharged the duties of his office. His HONOUR said: Upon taking my accustomed seat to-day I may briefly refer to the fact that since I was last in this court my friend and colleague, Mr. Blair, has ceased to be one of the judges. His retirement from the judicial office has been long contemplated by him on account of the illness from which he has been so severe a sufferer; but he was induced to delay his resignation in deference to the wishes of friends, myself amongst the number, and in the hope that his illness might pass away and a further term of public usefulness be permitted to him. That boon, unfortunately, had been denied, and he has deemed it his duty therefore to tender his resignation, which took effect on Monday last. After nearly fifteen years of public service in this court and in the other courts of the circuit (the duties of which have in that season been vastly augmented both in kind and extent), Mr. Blair retires into private life to enjoy-as all who know him well hope-in the autumn of his years a lengthened and happy repose. When I say that the public, in being deprived of his services, have lost a most efficient and conscientious servant, with whom the discharge of duty has at all times been the first and foremost consideration, I am convinced that I only echo the general and concurring voice of the community of Liverpool, and my own personal loss in being deprived of a colleague in whom I had such entire trust and confidence, and to whose advice I have been so much and so often indebted, which it is difficult, indeed impossible, to find language adequately to describe. It is only right to state that Mr. Blair, during his enforced absence from court, has been most fortunate in the deputy BANKRUPTCY LAW. LIVERPOOL COUNTY COURT. Mr. Registrar Watson, on inspection of the paper, declined registration, on the ground that there were creditors of the debtors who had not been apprised of the meeting. whose services he secured (Mr. Gilmour), and ever MARYLEBONE COUNTY COURT. (First Sitting of the new Judge, HENRY TYRWHITT sup ON Mr. Macnamara taking his seat, Mr. His HONOUR thanked Mr. Clarke and the other members of the Bar for their kind congratulations, and said it would be his study that all matters should be conducted properly and with regularity; he also thanked Mr. Clarke for the kind and feeling manner in which he had referred to the death of his predecessor. BREAKFAST.-EPPS'S COCOA.-GRATEFUL AND COMFORT ING." By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well-selected cocoa, Mr. Epps has provided our breakfast tables with a delicately-flavoured beverage which may save us many heavy doctor's bills."-Civil Service Gazette. Made simply with Boiling water or Milk. Each packet is labelled-JAMES EPPS and Co., Homeopathic Chemists, London." Also, makers of Epps's Milky Cocoa (Cocoa and Condensed Milk). Rodway, who appeared for Messrs. Gibson and Wheeler, instructed by Messrs. Barrell and Potter argued that as the proceedings here were Wheeler, in reply, said the case was in a nut- Bushby said he represented a large majority of Potter replied, and afterwards The debts were stated to be over £50,000, and Re ROBERT HODSON. THIS was a case assumed to be heard in camera, can be no object in privacy. A petition had been Wheeler, instructed by Messrs. Archer and A preliminary question arose as to how far in the initiative proceedings of a bankruptcy a witness had a right to be attended by a solicitor, but the court held it was admissible, if not as a right as a matter of courtesy. His HONOUR said that the strict rules of evidence observed in the common law courts were not altogether applicable in bankruptcy. At common law a witness could not have counsel to protect him, but in bankruptcy it was different. The examinations in bankruptcy were assumed to be those of the court, and all parties before it were to some extent put upon their defence. The practice had been long established that a person summoned in bankruptcy might be attended by counsel or attorney, and that at the close of the examination in chief they might ask all such questions as would, in the judgment of the court, elicit the whole account of a transaction left imperfect by the examining party, or might set right any misapprehension which the answers may have given rise to. Those being his views, he should permit Mr. Etty to appear. The witness was then sworn, and on his admitting himself to be a solicitor, objection was again taken by Wheeler to his having a legal adviser. An expert, it was contended, could not be assisted by an expert. His HONOUR, after hearing Mr. Etty, decided that Mr. Priest, being a solicitor, had no right to the assistance of a brother professional. Evidence was then called for as to the whereabouts of the intended bankrupt, which Mr. Priest at first objected to give, on the ground that it was a privileged communication from his client, but The COURT ruled that the solicitor could claim no such privilege, it being the privilege of the client, and after insisting upon the questions being answered directed that substituted service of the petition be allowed, in order that Mr. Hodson be made bankrupt forthwith. LEGAL NEWS. HER MAJESTY has been pleased to appoint Robert Dawson Mayne, Esq., to be Chief Magistrate of the settlement of Lagos, on the Western Coast of Africa. SIR ROUNDELL PALMER is credited by the American papers with having received a fee of 30,000 guineas for preparing the brief for the Geneva arbitration, and 2000 guineas more for preparing the English case. MR. RATHBONE is about to bring in a Bill for the repeal of the clauses introduced last session by the House of Lords into the Criminal Laws Amendment Bill with respect to intimidation. It is believed that the Government will support the measure. THE ending of the Tichborne case and the defeat of the claimant and his arrest for imposture, was what was expected by those who have had the patience to follow the case in all its intricacies from the beginning and proves the power of truth most signally.-Pacific Law Reporter. EVIDENCE BILL.-On Monday evening the 15th inst., Mr. Joseph Brown, Q.C.,will read a paper at a meeting of the Law Amendment Society at their rooms in Adam-street, Adelphi, on "The Bill to amend the Law of Evidence." The Hon. George Denman, Q.C., M.P., will preside. THE death is announced of Mr. John George Malcolm, barrister-at-law and Master of the Queen's Bench. In addition to his accurate knowledge of the law, he was an authority in the procedures of the Superior Courts. A genial and public-spirited man, he was a munificent subscriber to all the Scottish charities in London, and a director of nearly all of them. SOLICITORS' BENEVOLENT ASSOCIATION.-The usual monthly meeting of the board of directors of this association was held at the Law Institution, Chancery-lane, London, on Tuesday last, the 9th inst., Mr. J. S. Torr in the chair, the other directors present being Messrs. Brook, Burton, Carter, Dodds, M.P., Hedger, Nelson, Rickman, Smith and Veley; Mr. Eiffe, secretary. A sum of MUNICIPAL CORPORATIONS.-A Government Bill now before the House of Commons provides for the division of boroughs into wards, and the alteration of the number or the boundaries of wards, or of the number of town councillors, and, correspondingly, of aldermen; such alterations to be effected by order in council made upon local application, and after local inquiry held by a person appointed by the Privy Council. The number of councillors assigned to a ward is always to be three, or a multiple of three; and the number of councillors of a borough is always to be a multiple of six. A Bill has also been laid before the House by Mr. James for applying to municipal elections the law against corrupt practices at Parliamentary elections. The Bill makes it an offence to employ a paid canvasser on behalf of a candidate; also for a candidate or his agent to hire a room at a publichouse for any of the purposes of an election, or to use a room at a publichouse for a committee or public meeting on behalf of the candidate; or for a candidate or his agent to pay for the conveyance of a voter to or from the poll. Election petitions are to be presented to the Court of Common Pleas, and tried, without a jury, by one of five barristers to be appointed from time to time by the judges on the rota for the trial of Parliamentary election petitions. Petitions will be tried within the borough to which they relate, unless otherwise specially ordered; but where the question raised can be conveniently stated as a special case to be heard before the Court of Chancery, that course may be allowed. Persons guilty of corrupt practices at a municipal election are to be liable to the same punishment as if it had been a Parliamentary election; and various clauses are adopted from the Parliamentary Elections Act. A candidate found, by the report of an election court, personally guilty of corrupt practices, or any person found thus guilty on indictment, or in any action adjudged to pay a penalty for corrupt practice at an election, will be, for seven years, incapable of voting at municipal or Parliamentary elections, or of holding any municipal office, or being elected M.P., unless, on any of the witnesses being convicted of perjury, the Court of Common Pleas shall order that the disqualificaIf a candidate has by an agent been guilty of any corrupt practice, such candidate's election will be void, and he will be disqualified from holding any municipal office in the borough during the period for which he was to serve, or, if elected, might have served. tion cease. THE "NEWENT MURDER CASE." Baron Cleasby, in addressing the grand jury for the county of Gloucester, alluded at some length to the charges against Mr. Edmund Edmonds, solicitor, of Newent. It will be remembered that the coroner's jury returned a verdict against Mr. Edmonds of manslaughter, while the local magistrates committed him for the wilful murder of his wife. In the calendar of prisoners both charges were alleged. His lordship pointed out to the grand jury the distinction between murder and manslaughter. If a person committed a felony by knocking a man down under certain circumstances, that would only amount to manslaughter. Still, if they thought in this case that the blow was the cause of death it was a case of murder, though surrounding circumstances might reduce it to manslaughter. It would be for the grand jury to say how far the evidence bore on the question of malice aforethought. If a person made an attack on another with a deadly weapon, and death ensued, that was prima facie a case of murder; but if a person, generally speaking, were to meet another and deal him a blow, in consequence of which the person struck fell down and death ensued, that would not be murder but manslaughter, because the blow was not intended to cause the death of the person struck. His lordship then called at- LEGAL PRACTITIONERS' SOCIETY.-This society Temple, London, E.C.; or to the society's bankers, THE ATTORNEY-GENERAL AND THE TICHBORNE CASE.-The chief law officer of the Crown should have made an effort to clear himself of any interest which he had acquired in the case in his private professional capacity. Unfortunately this is not what Sir John Coleridge has done, or tried to do. His whole manner of proceeding has been most injudicious, not to say indecent. The tone of his answers in the House of Commons has not been the tone of an officer of the public seeking for justice, but rather of the advocate who had been retained for the Tichborne family. His remark the other night, that the case was one of an "assault upon the common sense of mankind," was, to say the least, extremely improper, and we cannot wonder that it has been followed by public petitions for justice. There is no question of any assault upon the common sense of mankind, nor are we aware that mankind have engaged Sir John Coleridge on a general retainer. It is but a man accused of perjury, who has to be tried upon that charge. There is no call for any appeals to the common sense of mankind, and the AttorneyGeneral's arrogant and peremptory language is singularly mistimed. Again, the preparations which have been made for the prosecution of the prisoner seem to us to be outrageously dispropor tionate and extravagant. What need is there of six prosecuting counsel? Why is the country to be put to this unusual expense to try a perjurer? The prospect of a revival of the Tichborne case is dismal enough, without this extraordinary and unprecedented apparatus for procuring a conviction. There is nothing more natural than that there should be a reaction in favour of the man who is made, in so special a sense, the object of the Ministerial zeal against crime. The public in stinct of justice is offended by the spirit and the manner in which the Government is pursuing the prisoner. Those who have regarded the claimant as a martyr to social prejudices before are likely to be confirmed in their suspicions by the action of the Attorney-General. The cause of justice itself will be not strengthened, but damaged, by this tremendous array of legal force which is being brought into play to convict the Tichborne claimant of perjury. It is extraordinary that a thing so obvious should have escaped the notice of the subtle minds which compose the Gladstone Government, and that even if the AttorneyGeneral were unable to keep his professional enthusiasm in the case under subjection, his colleagues did not intervene to avert the scandal and the mischief which are likely to flow out of the mismanagement of the Tichborne prosecution.Standard. 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. VOTES AT SCHOOL BOARD ELECTIONS.-At a recent School Board election for the parish of R., the returning officer decided to receive the votes of a number of poor almshouse occupiers, although objected to on the ground that neither the names of the occupiers or the tenements were upon the rate book. The returning officer held that he had power not only to order the names to be put upon the rate book, but the property also, though it had been omitted with the consent of the vestry for many years. Whilst admitting the right, and indeed the duty of returning officers to allow the votes of persons whose names have been improperly admitted. I am unable to understand what authority they possess to order property to be inserted in the parish rate books for the sake of conferring votes. In this particular case, the votes objected to may have affected the result of the election, as the last successful candidate was only in a majority of one over the highest unsuc cessful candidate at the close of the poll. Perhaps some of your readers, more experienced than myself in the Elementary Education Act, can say whether the returning officer was right in receiv ing the votes objected to. It does not appear the almshouses were entered upon the rate book in accordance with the directions of the returning officer. A SOLICITOR. THE PUBLIC PROSECUTORS' BILL. - Having been a clerk to a Bench of Magistrates for upwards of twenty years, I hope you will allow me a short space in your valuable paper (especially as I do not see that many clerks to justices have given expression to their views) on this important subject. I have, in common with others, for a long time seen the want of such a measure as is now before the House of Commons, the Bill could not have been entrusted to more able hands than those learned gentlemen who have charge of it, the measure being based upon the recommendation of select committee of the House of Commons, and having the sanction of the present Governnent, will, I hope, become law this session, and I rust the learned gentlemen who have undertaken the matter, will steadily persevere in their efforts to place such a useful Act upon the Statute Book. In nine cases out of ten the whole prosecution in ordinary cases devolves upon the police, for it will be found that when a crime has been committed there is almost invariably a reluctance to prosecute on the part of the person aggrieved, who, except in very rare cases, will never employ an attorney to conduct a prosecution, for if he did so, he would have to pay him out of his own pocket. The police apprehend the prisoner, who is brought before the justices, and the justices' clerk has to marshall the evidence in the best way he can, and he has to take the depositions of the various witnesses. I have myself found it to be very irksome to have, at the preliminary hearing in petty sessions, to unravel a complicated case, and take the evidence, knowing nothing of the matter beforehand, and am often engaged in this way for several hours, for which a very small fee is paid, whereas, if there happened to have been some one to examine the witnesses, and prepare the case previously and conduct it in court, much time would be saved and great difficulty obviated. I maintain, it is no part of the duty of clerk to the justices to examine a number of witnesses before the court opens, and find out all about the case before it is heard by the magistrates. I consider the clerk - ought to come to the court having no previous history of the case, just as much as the justices themselves, and that both justices and their clerk should bring to the consideration of the case minds perfectly free from bias. I contend, therefore, that the appointment of a competent official other than the justices'clerk, in the various districts, is absolutely necessary to prepare the evidence, &c., and conduct the case in the preliminary hearing of an indictable charge, and this is provided for by the present measure now before Parliament. Another difficulty often arises during the hearing of an indictable offence, where no solicitor appears for the prosecution, but where the prisoner is defended by a skilful advocate, by whom oftentimes points are raised as to the admission or rejection of evidence, &c., when, there being no attorney to represent the prosecution, the clerk (the legal adviser of the Bench, whose duty I take it is simply to aid the court in its decisions) is drawn into an unseemly discussion and argument with the prisoner's attorney, whereas, had there been an attorney on both sides, the clerk would simply be in a position to hear the arguments pro and con., and would be prepared to advise the Bench in an independent manner; the appointment, therefore, of public prosecutors, as now contemplated, would remove the difficulty I have stated. One word more as to the conducting prosecutions after the prisoner has been committed for trial. I and many others abstain from conducting those prosecutions, for I have not felt it right to do so, and if justices' clerks generally were to abstain from doing so, they would not be open to the remarks made recently by the Lord Chief Justice. There are probably many young barristers attending the assizes and sessions who, from their position and property, are deservedly county justices, supposing either of these gentlemen should happen to be committing magistrate on a charge of felony, and afterwards, as counsel at the assizes or sessions, LI 2 hold a brief for the prosecution in the same case, would it not be made the subject-matter of remark? Although no one for a moment would say the committal took place because the gentleman might have an opportunity of conducting a case at assizes or sessions. Why, then, is it right for a justices' clerk to conduct a prosecution For my own part I believe the proposed measure will be one of great practical importance, and will effect a reform which has been required for many years; and I trust the learned promoters of the Bill will be successful in carrying it into a law. The question of the appointing public prosecu tors has now been before the public since, I believe, 1855. It is high time the question should be settled, and I hope the present Bill will be more successful than its predecessors. 66 A JUSTICES' CLERK OF TWENTY YEARS' STANDING. EMPLOYMENT OF Articled ClerkS.-"H. L." is evidently one of those extremely positive people who are always prepared to decide off-hand any and every question submitted to them, without a moment's thought or consideration. "An Articled Clerk probably expected a more satisfactory answer to his question than the monosyllable Yes," coupled with some gratuitous advice to 'put the question to himself." If "H. L." is an articled clerk preparing for his "Final," I sug. gest to him the extreme desirability of not modelling his answers to the Examination Questions after this fashion, or he will certainly never have the opportunity of taking the oath which he benevolently points out to "An Articled Clerk." 66 If "H. L." had taken the trouble to look up the cases on the subject (and he ought to know that an Act of Parliament is nothing without its judicial construction), he would have found that the stewardship of a manor, held during part of service under articles, has been decided to be no bar to admission: (Re Peppercorn, L. Rep. 1 C. P. 473); and I fail to see that the secretaryship of a local Church Defence Association (which would probably entail only an hour or two's absence from office about once in a month) stands on a different basis. If I remember rightly, another correspondent asked in your columns some time back whether literary work in the evening would be "employment" within the meaning of the Act, and he was ridiculed for supposing for a moment that it would, and he was treated to some playful badinage about his love-letters. Perhaps some of your other correspondents, who do not treat questions after the airy fashion of "H. L.," can quote further authorities; and perhaps, Mr. Editor, you yourself would not object to give your valuable opinion on the point. A SOLICITOR. This letter refers to a "query" replied to by "H. L." last week.-ED.] SAN FRANCISCO.-There is an advocate at San Francisco of the name of Peter Dempsey who was in England some time since. I do not however know whether he has any agent in London. W. S. H. NOTES AND QUERIES ON NOTICE.-We must remind our correspondents that this writers are sent, not necessarily for publication, but as a guarantee for bona fides. Answers. (Q. 122.) ECCLESIASTICAL.-In reply to "Subscriber" it appears from Blackstone's Commentaries, book 1, chap. 2, that, after induction, by which act, corporal possession of the church is given to a clerk, he is persona impersonata, or parson imparsonee (Co. Litt. 300) and, therefore, by implication he is then entitled to have and to retain the possession of the church keys, although his agent, the parish clerk or sexton, may keep them. See also Cripps on the Laws of the Church, &c., book 1, s. 4, showing the mode of induction by keyholding, &c. C. C. (Q. 125.) FINAL EXAMINATION.-"F. E.'s" articles expiring in the vacation after Hilary Term he can be examined in Hilary Term and be admitted during the vacation, on the expiration of his articles. He must, three days at the least before Michaelmas Term, give due notice for the ensuing Hilary Vacation. He cannot expiration of his articles, or he may present himself be examined in the Michaelmas Term preceding the (on giving a full term's notice) for examination in Hilary Term, and be admitted in a term subsequent to his examination. His admission in vacation is restricted to that in which his articles expire. H. L. LAW SOCIETIES. LAW ASSOCIATION FOR THE BENEFIT OF WIDOWS AND FAMILIES OF ATTORNEYS, SOLICITORS, AND PROCTORS IN THE METROPOLIS AND VICINITY. AT the monthly meeting of the Directors, held Chancery-lane, on Thursday the 4th April inst., at the Hall of the Incorporated Law Society, in the following directors being present, viz., Mr. Desborough (chairman), Mr. Carpenter, Mr. Drew, Mr. Hedger, Mr. Kelly, Mr. Sidney Smith, Mr. Steward, Mr. Styan, Mr. Williamson, and Mr. Boodle (secretary), a liberal grant was made to the aged daughter of a non-aember, two new members were elected, and the annual general court was fixed for the 23rd May. THE LEGAL DISCUSSION SOCIETY. THIS Society, comprising for the most part managing and articled clerks in the Profession,now meet, by the kindness of the council, at the Law Institution in Chancery-lane. A very interesting discussion took place at its last meeting on Wednesday evening, bearing legally, and as well historically, on the Palatine. Mr. W. E. Jones, who is the president of the society, opened the discussion on the question as follows: "The Palatine Court of Lancaster, should its Jurisdiction continue?" and, in doing so, the mover traced the history and foundation for the privilege, afterwards quoted authorities bearing upon the question of the court's jurisdiction, and how far it was concurrent with, or exclusive of, the High Court, when the property and parties were situate and resident in Lancashire, and the present position, and moved a resolution in the negative. He was followed by Mr. Edward Kinno, Mr. Wingfield, and a number of other speakers, and on the question being put to the vote, it was carried in the affirmative by one vote only. EQUITY AND LAW LIFE ASSURANCE. THE annual general meeting of this society was held on Thursday last, at the temporary offices, 19, Lincoln's inn-fields, under the presidency of Mr. George Lake Russell. The Secretary (Mr. Sprague) read the notice calling the meeting and the directors' report. The Chairman, after moving that the report be received and adopted, said he hoped and believed the meeting would consider it a very satisfactory acconut of their affairs. He would add to that proposition a few observations, in order to afford the share and policyholders an opportunity of judging of the progress and present state of their business. As they were aware, there was great competition among life insurance companies; and, individually he thought the wisest way to obtain the support of the public was to give the plain, unvarnished facts connected with their own individual doings, and not to enter into any invidious comparisons with other similar institutions from which informa tion the public would be enabled to judge of the substantial advantages that were offered to them. It would doubtless be remembered by many present that in 1861 Mr. Gladstone, speaking in the House of Commons, alluded to be what would a fair guide to any one desirous of ascertaining the position and society's formation, and the income arising from solidity of any society. The date of the premiums, and the accumulated capital, would, he said, surely indicate the soundness or otherwise of an institution. To a certain extent he would follow this advice, and ask the attention of the meeting to one or two details. The date of their coming into existence was the year 1844 that was twenty-seven years ago, and long enough to bring death into play and to test their solidity. Now, in addition to the income and the accumulated capital, he proposed to direct their attention to new premiums, to the total amount insured, to the claims and to the total assets. And while he gave them these figures for the year just closednamely, 1871, he would ask them to contrast the amounts with those of a few years since. The new premiums during 1871 were gross £12,703, and net £11,011. The total premium income of the year amounted to £96,753. The total amount insured on 31st Dec. last was in round numbers three and a half millions pounds sterling The claims for the past year were gross £37,502, less re-insurances £6500, leaving a net loss of £31,002. And the total assets on 31st Dec. 1871, were £875,785; this he would remind the meeting was actual accumulated hard cash standing on their books. These statements, he thought, showed very conclusively a substantial business. Then, looking back some years with the view of ascertaining the progress that had been made, the chairman said he would give the meeting the average of new premiums less re-insurances upon three quinquennial periods-namely, from '55 to '59, from 60 to 64, and from '64 to '69, covering a period of fifteen years. The average of new business during the first period was £5000, during the second £8200, and during the third or last quinquennial period in their existence £11,442. During the two years that had passed since the date he had mentioned the new premiums for 1870 amounted to £12,000, and for 1871 to £11,011, giving a total for the two years of £23,000, or an average of £11,777 per annum. Those figures would show the steady increase that had taken place in their new business, with the exception of last year, when a slight falling off was apparent, the cause of which decrease he would explain later. Then with regard to the sum assured, in 1864 it amounted to £2,200,000, at the end of the next quinquennial period-viz., in 1869, it was £3,200,000, and in the year 1870 it rose to £3,363,000, while for the year just closed, 1871, it amounted to £3,570,386. Here, then, ing to what indicated a really remarkable state of was also shown a steady increase. Then turnthings-namely, the amount of claims for the past year, the chairman called the attention of the meeting in the first instance to the average amount of claims from 1865 to 1869; this, notwithstanding the large sum assured, amounted-less reinsurances-to only £38,000, while in the last year, 1871, with a still increasing amount insured, it was only £31,002. He need hardly tell them that this sum is far less than the board had expected. If the directors were asked how they accounted for this really marvellous exemption from deaths, there were several reasons he would bring forward that more or less explained this immunity from claims. In the first place, it was no doubt partly owing to their doctor, and he trusted somewhat to the discretion of the board. But the explanation that carried the greatest weight was, he considered, to be found in the fact of the remarkably good class of insurers in this society. As evidence of this, he might mention that the average amount of new policies completed was £1897. This high sum indicated that their insurers were to be classed among the wealthy, or at least, well-to-do portion of the community. Now, it had been ascertained by actuaries, after a very minute and careful investigation into the statistics bearing on this subject, that the wealthier class of society and the nobility were longer lived than those of a lower station. He thought, therefore, the remarkable exemption they had from deaths was to be attributed mainly to the fact, shown by the large average amount of the policies-namely, that they had a high class of insurers. He frankly confessed to a feeling of regret when he saw a small policy of £200 or £300 brought to the board. Then, referring again to the comparison he desired to draw, the chairman stated that on the 31st Dec. 1859, the total assets of the society amounted to £255,883; at the end of 1869 they were £736,614, and in the following yearnamely, 1870, £793,000; and at the close of last year to £875,785. 'As he had shown the meeting, he trusted, satisfactorily, that there had been a steady increase in their business, so he hoped he had now proved the very large increase that had taken place in the total assets. They would have perceived that during the ten years from 1859 to 1869 their accumulated assets had nearly trebled, and that was after the payment of every outstanding claim and of every expense. They had further added to their capital in the last two years the sum of £139,000. In all these details, ranging over a considerable period and touching upon every important item, he hoped he had fully satisfied the meeting that the society possessed a large and sound business. This was : also very satisfactorily proved by the result shown namely, in the 12 per cent. dividend they gave to their shareholders, and in the large bonuses received by the policy-holders. Without desiring to go into any invidious detail, he would mention the following as being not only an interesting but very gratifying fact. An insurer in this society, who had at the same timed insured in several other institutions, compared lately the amount of bonuses received from those other offices with that given by their theirs; and the result of this comparison had been greatly in favour of the Equity and Law Life. A very material cause of their being able to give so good an interest to their shareholders and such liberal bonuses to their policy-holders was that they had been fortunate in obtaining a large rate of interest upon their capital. The productive assets returned them £5 2s. per cent. Another reason of these large profits was the great number of non-participating policy-holders in the society almost one-third of the policies were effected by non-participating members. Then turning to the accounts, there were two items in the balance-sheet to which he desired to call their attention, for the purpose of answering the observations of an hon, shareholder upon them he referred in the first place to the item of law charges" which this year amounted to £396, whereas last year it was only £150. It had been asked what was the cause of this excess? He would state before proceeding further that for the usual business of the office their solicitor received £150 per annum, but when any extraordinary matter had to be conducted a corresponding increase in the law charges was naturally made. The increase arose partly from the cost of printing the deed of settlement, £79 58.; then there was the agreement and contract for their new building, amounting to £36; and upon the passing of the Married Women's Act, they had to frame a policy for women under that state of things, which had also caused an extra expense; and then there had been a loss, as they were aware, of a considerable sum of money-namely, £7000. This had been written off in two prior years, but, naturally, before they yielded to that, a sum of money had been expended in law charges in disputing that claim. With reference to their new building, now in course of erection, he might state, as a matter for congratulation, that it was freehold, or, in other words, theirs for all time. He felt sure any one who had gone over the building would agree with the directors in considering it a very substantial, and, he hoped, also a very handsome erection. As mentioned in the report, the board proposed to use the ground floor only for the purposes of the society, and to let the remainder of the building as chambers; this, he was pleased to inform the meeting, had been effected already. Its position was so good, and it must continue to offer such advantages for all time, that he did not fear the society would ever be without tenants for those chambers. The chairman then desired to advert again to the falling off (mentioned before) in their business for 1871 against the previous year. There were peculiar circumstances that had occurred during the past year which he thought at once explained this decrease. If there were any consolation to be found in the fact, this falling off in business was not confined to this society alone. The failures of the "Albert" and "European offices had not only brought ruin to many families throughout the country by the loss of upwards of £1,000,000, but it had led to a panic, however unreasonable, that had driven the public to the foolish extreme of distrusting all insurance Mr. Clabon, deputy-chairman, seconded the motion. In reply to questions, it was stated that the port was then put to the meeting and unanimously The following directors, Messrs. Robins Shad- On the motion of Mr. Bristowe, seconded by Mr. Clabon, the Hon. George Denman, Q.C., M.P., was elected as an additional member on the direction. In the place of Messrs. Potter and Clowes, deceased, Messrs. W. H. Dunster and Horace William Smith were elected directors. W. APLIN, ESQ. THE late Weston Aplin, Esq., solicitor, of Chipping Norton, Oxfordshire, who died on the 3rd March, in the eighty-first year of his age,was admitted a solicitor in Michaelmas Term, 1819. Mr. Aplin was a perpetual commissioner, and he had held for of Chipping Norton. He was the head of the firm many years the office of town clerk of the borough of Messrs. Aplin and Saunders, of Chipping Norton. W. SMYTH, ESQ. THE late William Smyth, Esq., barrister-at-law, the county of Northampton, who died at his seat, and deputy-chairman of the quarter sessions for Little Houghton House, Northampton, on the 23rd March, after a short illness, in the sixtylate William Tyler Smyth, Esq., of Little Houghfourth year of his age, was the eldest son of the ton, by Anne his wife. He was born in the year Oxford, where he graduated B.A. in 1832, and 1808, and was educated at Wadham College, proceeded M.A. in 1836. Called to the Bar by the hon. society of the Inner Temple in 1840, he chose the Northern Circuit, and practised for some time at the West Riding Sessions. He was a magistrate and deputy-lieutenant for Northof high sheriff in 1862, and he had held for many amptonshire, of which county he served the office years the post of deputy-chairman of quarter sessions for that county. Mr. Smyth, who was lord of the manor of Little Houghton, and an extensive landowner in that parish, married, in 1844, Lucy Charlotte, second daughter of the late Hon. and Rev. Richard Bruce Stopford, and granddaughter of James, second Earl of Courtown, in the Irish peerage. A shareholder then proposed that the best thanks of this meeting be presented to the direc- THE COURTS & CO URT PAPERS. tors, and the sum of £1500 be voted to them for their services during the present year. This, on being seconded, was unanimously carried. The thanks of the shareholders were then awarded to the auditors, and the sum of £42 voted to those gentlemen for their services in auditing the accounts. A vote of thanks to the chairman for his courteous conduct in the chair to-day having been passed, the cordial thanks of the meeting were given to the secretary (Mr. Sprague), and to the solicitor, and the compliments having been acknowledged, the proceedings of the meeting were brought to a close. HULL LAW STUDENTS' SOCIETY. SITTINGS AND CAUSE LIST IN AND AFTER Court of Queen's Bench, 16 Motions and new trials 17 Ditto Monday, April 15 Monday Tuesday Thursday Saturday 18 Ditto 19 Special paper 20 Crown paper 22 Enlarged rules, motions, and new trials AT a special meeting of this society, held at the LEGAL OBITUARY. Mr. A. M. J. MACDONALD, ESQ. G. LAWSON, ESQ. 30 Special paper paper 2 Motions and new trials 3 Special paper Thursday Saturday 4 Motions and new trials 6 Ditto 7 Ditto 8 Ditto On these days the Court of Queen's Bench will sit in two divisions, when motions are excluded. SITTINGS AT NISI PRIUS-IN TERM. May 9 Monday [Hannen, J.-Mr Gigard [Lush, J.-Mr W. Williams [L. C. J.-Mr Miheard pany [L. C. B.-Mr Herschel |