115,000 40,000 ASSURANCE COMPANIES. Ocean Marine Insurance Company.-A bonus of 20s. per share, in addition to interest, 5s. per share. MISCELLANEOUS COMPANIES. Canada Company -A dividend of 27. per share has been declared. New South Wales Government Loan.-Tenders are 11,000 invited, by the Oriental Bank Corporation till the 14th inst., for 758,0007. in 5 per cent. debentures, redeemable in twenty-eight and-a-half years. The 100,000 money is to be applied to harbours, railways, and other productive works. 50,000 25,000 30,000 1,119,125 £ £ £ Prices Thursday Carnarvon Anglo-Argentine (L) 50,000 40,000 1 0 1 0 1,000,000 1,000,000 20 0 5 0 25,000 25,000 2 0 0 5 600,000 600,000 20 02 0 40,000 Bangor Slate (L)...... 100,000 100,000 10 0 3 0 30,000 Chatwood's Patent Safe and 100,000 Canadian Gov. 5 p. c. Jan, and July.......... English Assurance 500,000 English and French Steam) 100 80 83 Transit (L) 75,000 Canadian Gov. 5 p. c. Inscribed Stock Fremator Granite Quar. (L) 30,000 N. S. Wales Gov. 5 p. c. 1871-76 Jan. and July Great Cwmsysnlog Silver Haytian Estates, Coffee and General Plantation (L) Ital. Colsolid. Mining (L) .. Kirkham and Castle Howard Iron (L) .... ... 50,000 50,000 2 0 1 10 12,500 Ditto 5 per cent...... 100 98 99 Lincoln Gold (Limited) 160,000 40,000 2 0 1 0 20,000 S. Australian Gov. 6 p. c. 1878 and upwards Manchester and Irish Flax 25,000 Ovens Gold Quartz Min. (L) 30,000 Victoria Gov. 6 p. c. April and Paragnassu Stean Tram October........ .......... 100 110 111 road (L) 1,500,000 Sao Vicente Mining (L) 37,500 Serajgunge Jute (L) 65,000 Silver Lead Company of Brittany (L) 115,000 Closing Sonora Silver Mining (L) 100,000 Prices Thursday. South Hayling Bay Land! Investment (Limited) 300,000 Styrian Steel and Iron (L) Taquaril Gold Mining (L) Treasury Consol. Mines (L) Valparaiso Waterworks (L) 500,000 100,000 30,000 200,000 6,142,500 4,402,500! 105 107 Great North. A. A. rec. no div. till 107 108 THE YEAR 1867. bjoined are some additions to the financial tics of the past year, supplied by Messrs. xman and Sons: 1, King's Arms-yard, Moorgate-street, London, Dec. 30, 1867. -We beg to hand you herewith a few of the pal financial statistics of the year now closing, list of new companies and loans introduced, nt showing the progress of depreciation in the of railway property and the fluctuations in the of money. depreciation in the ordinary stocks of the g railways has varied from two per cent. to seven per cent.. and the average is 94 per as compared with 6 per cent. in 1866. Taking mount invested in railways at 455 millions ding debentures and debenture stocks 111 ns), and supposing the loss on the whole to be out this average, it would give a loss of fortymillions during the past year.-We have the ur to remain, Sir, your obedient servants, STATEMENT SHOWING THE DEPRECIATION IN RAILWAY STOCKS (ORDINARY) DURING THE YEAR 1867. Companies. Total 146,100,000 Average ⚫ Figures in this column taken from last Parliamentary return, dated Aug, 7, 1866. The fluctuations in English Stocks have been about 5 per cent., but this is not large, considering the When chequered career recently passed through. the plethora of money was so very strong in the middle of the year, it was thought that a great advance would occur in the value of these securities. Indeed, large purchases for the rise were effected, and from account to account the transactions were carried over waiting the favourable change. But it never came, and then, when the Luxemburg question cropped up, to be followed, after its arrangement, by the Papal difficulty, which again created gloom and anxiety, then there was a steady decline, from which no rally has been experienced. The expedition to Abyssinia, and the progress of the Fenian outrages, have also partially tended to weaken prices, but they have been principally affected by the current of Continental politics. Date. Highest. Lowest. May 954 89 June Aug. 95 Exchequer Bills...... Dec. 318. pm. 8s. pm. Jan. It will be noticed that foreign securities have not, on the average, greatly varied. Circumstances have occasionally interfered with values, such as the expedition to Rome, the fall of Maximilian, and the war between Brazil and Paraguay. The introduction of new loans for Russia, Egypt, &c., has likewise caused heaviness; but prices have again recovered. Italian, however, has gone steadily down. The conversion of the Spanish debt has exercised a most salutary effect upon the value of those securities but whether the full advance will be supported remains to be seen. Some exceptional ranges of change have ensued in particular securities, the nature of which will be found in the subjoined table: Date. Highest. Lowest. Dec. 761 70 April 181 144 August. 65 Jan. Date. Sept. April. Brazilian 5 per C., 1865 Mexican Stock........... Jan. Loan. an 6 per cent., at 84 Amount. £ 2,000,000 Called Up. Peruvian 4 per C....... Russian 5 per C., 1822. Feb. 903 844 Ditto, 1862.... 7 per cent., at 92 Spanish 3 per Cents.... tian 9 per cent., at 90 2,009,200 502,300 Ditto, Passive 174 Buras Government Railway Loan, Ditto, Certificates 11 May. Sept. April. per cent., at 80 of the Provincial Oriel Vitebsk Egyptian Loan, 7 per C. April. ilway Company, 5 per cent., at 77 Turkish 6 per C., 1854. 691 April. uguese 3 per cent., at 38 Ditto ed Danubian Principalities, 8 per Ditto ditto ditto 1858. Nov. 1862. Oct. April. at., at 71 !.. Ditto 5 per C., 1865 June 347 Italian 5 per C., 1861... Jan. ,54% 254 April. 421 April & Oct. Samuel Bastor and Co. (Limited).-Particulars of claims are to be forwarded to the official liquidator, Mr. Edward Addis, of Old Jewry, by the 21st Jan., the 4th Feb. having been appointed for their adjudication. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. EQUITY PRACTICE-PRODUCTION OF DOCUMENTS. -Where certain clauses in an agreement are not intelligible unless read with the others, the whole must be produced: (Luscombe v. Steer, 17 L. T. Rep. N. S. 370. V.C. S.) PROBATE-SEAMAN.-A seaman, being a minor, made his will on board a ship in a home harbour. The will was held entitled to probate as the will of a seaman at sea under 1 Vict. c. 26, s. 11.: (In the Goods of McMurdo, 17 L. T. Rep. N. S. 393. Prob.) APPOINTMENTS UNDER THE JOINT-STOCK WINDING-UP ACTS. CACHAR COMPANY (LIMITED).-Creditors to send in, by March 18, their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to E. W. Wingrove and A. H. Novelli, 62, Bishopgate-street-within, London. March 18, at two o'clock in the afternoon, at the said offices, is the time appointed for adjudicating upon such claims. COUNTY AND GENERAL GAS CONSUMERS COMPANY (LIMITED).— LONDON AND WESTMINSTER CO-OPERATIVE STORES (LIMITED). WHOLESALE AND EXPORT DRUG COMPANY (LIMITED).-Petition CREDITORS UNDER ESTATES IN CHANCERY. ALLEN (Peter), 42, Royal-crescent, Notting-hill, Middlesex, gentleman. Jan. 31; Edwards, Layton, and Jaques, solicitors, 8, Ely-place, Holborn, London. BARTLETT (Edwd.), James-street, Saint Clements, Oxford, accountant. Feb. 1; T. and G. Mallam, solicitors, 126, High-street. Oxford. BATESON (Joseph), Leeds, Esq. March 1; Snowdon and Son, solicitors, 36, Bond-street, Leeds. BATTEN (Wm.), Barton-hill-house, Shaftesbury, Dorset, Esq. Feb. 14; Bell and Freame, solicitors, Gillingham, Dorset. BIGG (W. M.), 18, Stratford-place, Oxford-street, London, Esq. March 25; Walter and Gush, solicitors, 36, Basinghall-street, London. Cox (Theodore). Barker-street, Aston-juxta Birmingham, maltster. Jan. 20; Gem and Docker, solicitors, 2, Bennett'shill, Birmingham. DUNN (Wm.), 11, Bloomsbury-street, London, tailor. March GREEN (Louisa), 3, Victoria-cottages, Victoria-road, South ham. JACKSON (Martha), Plainmoor, Saint Mary Church, near Torquay, Devon, widow. Feb. 20; Earle, Son, Orford, Earle, and Milne, solicitors, Brown-street, Manchester. KEET (Edwin), 5, Spencer-street, Gravesend, Kent, gentleman. March 1; Lyne and Holman, solicitors, 6A, Austinfriars, London. KERSHAW (Robert), Rochdale, woollen manufacturer. Jan. 21: W. Heaton, solicitor, Rochdale. Jan. 31; V.C. M., at noon. Miss Carr.-Her husband, indeed! She aint a married woman. LONG (John), Gainsborough, Lincolnshire, innkeeper. April husband to kiss her and take other liberties with the great thoroughfare of Netr Reg v 1; Oldman and Iveson, solicitors, Gain-borough. her. MAKEY (Ann G), 3. No folk-cot ages, Old Ford, Middlesex, widow, Feb. 17; R Helshem, soliciter, 29, Poultry, London. MARCON (Andrew), Swaffham, Norfolk, attorney-at-law and solicitor. Jan. 27; Prior and Bigg, solicitors, 38, Southampton-bulldings, London. Feb. 10; V.C. W., at noon. MILLER (Frederick), 23, Duke-street. St. James's. Westminster, poulterer. Jan 18; F. Robinson, solicitor, 36, Jerinvn-street. St. James's. NICHOLLS (John), Champion-hill, Surrey, Esq. Feb 29; Wrentmore and Son, solicitors, 43, Lincoln's-inn-flelds, London. NICKLESS (Henry), Stourbridge, Worcestershire, victualler. Jan. 29: Harward, Shepherd, and Harward, solicitors, Stourbridge. NOSS Wm.), South Shields, master mariner. April 8; R. OAKLEY (Rev. C. E.), St. Paul's Rectory, Covent-garden, London. POND (Jemima), New Windsor, Berks, and Dorney, Bucks, STEWART (James), Weedon, Northants, surgeon-major in the army. March 25: W. Dennis, solicitor, Northampton. SUMMERS (Thos. S.). The Waldrons. near Croydon, Surrey, Esq. Feb. 1; Hillearys and Tunstall, solicitors, 5, Fenchurch-bui dings, London. UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. [Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.] PARSON (Sophia), widow, and PARSON (Samil. Keat), Esq. both of Belham-hil. Surrey. 38, 88. Three per Cent, Consols. Claimant, Sophia Parson, the survivor. SMITH (Rev. Win), Dry Drayton, Cambridgeshire, and HARINGTON (Richd), of Christ Church, Oxford, Esq. Sol. 158, 1d. Three per Cent, Consols. Claimants, said Rev. W. Smith and Richd. Harington. The following advertisement, which we extract from the Witness, may amuse our readers. As the movement hinted at will probably terminate with the spare cash of Equity," we simply notice the matter here and leave it to its fate: LAW REFORM.-A gentleman, having a spare sum of money that he does not care to invest, feels he cannot spend it more beneficially than in exposing the villany, the extortion, the trickery, and fraud of the legal profession. It has been estimated that for every 1007, illegally pilfered from the public by those untaught and neglected criminals who are now or have been suffering the harshest penalties, and are disgraced for life in consequence, there is at least ten times as much in the course of every year demanded and enforced by a society of legal sharks and systematic swindlers in the shape of "costs," which are undeniably more offensive to God, and will be visited ultimately with far severer judgments than the petty thefts of those whose ignorance or poverty may have tempted them to crime. The so-called legal, but most inequitable demands may be estimated at from five to seven hundred per cent, over and above what would be a just and remunerative return for all necessary purposes. A simplification of the law and a stipendiary court of appeal must be insisted on. Parties willing to aid this movement by additional subscriptions, or by supplying cases in support, are requested to address "Equity," Witness Office, 147, Fleet-street. THE BENCH AND THE BAR. THE NEW ASSESSOR OF THE LIVERPOOL COURT OF PASSAGE.-Mr. Pickering, Q. C., has been formally installed in office in St. George's Hall, in presence of the Mayor and other local officials. ILLNESS OF LORD JUSTICE ROLT.-A painful sensation was produced in the neighbourhood of Wotton-under-Edge in consequence of its becoming known that on Saturday, Sir John Rolt had been seized, at his seat, Ozleworth Park, with a serious indispotion. The seizure, which was in the nature of a fit, created great alarm in his lordship's household, and messengers were dispatched for the family medical attendant, Dr. Bullock, who was promptly in attendance. A telegram was dispatched for Dr. Symonds, of Clifton, Bristol, and in the course of the evening that eminent physician posted to Ozleworth from the Chatfield-station of the Midland Railway, and a consultation was held. The answer to inquiries yesterday morning were that his lordship, although still seriously ill, was a trifle better. Sir John Rolt is personally so exceedingly popular that a very general feeling of anxiety has been induced. A police magistrate ought to be a man endowed with great presence of mind, so sudden and difficult are the emergencies in which he is liable to be placed. On Saturday last, Aunette Butler was brought before Mr. W. Ingham, at Wandsworth, charged with breaking the windows of Miss Caroline Carr with brickbats. The defendant admitted the outrage, but said that Miss Carr had allowed her Defendant.-Well, if I aint married, he treats me as his wife. Mr. Ingham.-It appears to me that if the gentleman behaved to Miss Carr as you say he did you ought to have called him to account, and not broken her windows. Defendant. Well, your worship, let us suppose that you are living with a lady who is not your wite Mr. Ingham.-I entirely decline to entertain any sne'ı supposition, and fine you 10s, in addition to which you, will have to pay 9s, for the damage you have done. but also to the regulated crossing i Tavern, at the corner of Corupter-ste Town-hall-buildings, and that theren z venience and annoyance was call sengers. It would also appear, fr carts sent laden by their consi | Ingledew and Davenport, that the mys by that firm from the vehicles, and rel carts and trucks of the purchasers this the public street and its neighbourin and producing that inconvenience was object of the statute to prevent and ar THE HOUSE OF PEERS.-The House of Peers at inspector Wise proved that on 7. present consists of-oue Prince, two royal dukes, Dec., he saw the defendant Allen's wingi. three archbishops, 26 dukes, 33 marquises, 160 earls, greens standing in front of the Sweet an 33 viscounts, 27 bishops, and 164 barons-the total the premises of Messrs. Inglesiewand. number of peers being 449. The Bishop of Bath and from it the commodities were sulllyy Wells sits also as Baron Auckland. The following and his men to the retail dealers, whe clergymen have also seats in the Honse of Lords as into their own carts or trucks, and thus lay peers:-The Rev. A. E. Hobart, Eail of Bucking-struction to the thoroughfare ander hamshire; the Rev. William George Howard, Earl of two hours' duration. He said tenta of Carlisle; the very Kov. William John Broderick, a dozen foot passengers obstructed beta. Viscount Midleton: the Rev. William Nevil, Earl of waggon when they attempted to Abergavenny; the Ven. Frederick Twisleton-Wyke- over the crossing. The obstruction r ham-Fiennes, D.C.L., Lord Saye and Sele; the Rev. increased by the porters with kaots Alfred Nathaniel H. Curzon, Lord Scarsdale. The their heads conveying goods from A.1. heir-presumptive to the title of Lord Arundell and the carts and vehicles of the purchasers Wardour is his brother, the Rev. Everard Aloysius quence of the position of the wag Gonzaga, a Jesuit priest. There are 1907 Peers of gers wishing to avail themselves of ther Scotland and Ireland, who are not peers of Parlia to go round a distance of from sevente ment; there are 224 members of the Privy Council; feet. The waggon was about fourteen and the archbishops, bishops, colonial bishops, including the shafts. The spot was bishops of the Episcopal Church of Scotland, and and forty yards from the Boroughretired bishops, number 99. There are 865 baronets, from the point where the market ends 474 civil and military knights, 137 noblemen and street. If a carriage wanted to drive ap baronets, who are Knights of the various Orders, it could not do so. 130 Knights of the Order of the Star of India, 751 Knights Companions of the Order of the Bath, three field marshals, 578 general officers in the army, 312 generals in Her Majesty's Indian army, 329 admirals in the navy, 56 judges in the United Kingdom and Ireland, 171 Queen's Counsel and Sergeants-at-Law in England, and 93 in Ireland. There are 162 deaths recorded of those whose names appeared in Who's Who, and who died between the 30th Nov. 1866 and the 1st Dec. 1867. with the dates of their birth and death.-Who's Who, 1868. MAGISTRATE AND PARISH [NOTE. The current Law under this Department is noted by T. W. SAUNDERS, Esq., Barrister-at-Law, Author of "The Practice of Magistrates' Courts," &c.] SOUTHWARK POLICE COURT. (Before Mr. PARTRIDGE.) COMMISSIONERS OF POLICE v. ÅLLEN, Obstruction of a thoroughfare-Police Acts-2 & 3 Vict. c. 47, s. 54. Sect. 54 of the Metropolis Police Act (2 & 3 Vict. c. 47) enacts (inter alia) that any person who shall cause any cart, waggen, ran, public carriage, truck, or barrow with or without horses, to stand in any street or thoroughfare longer than may be necessary for loading or unloading, or who, by means of any cart, carriage, sledge, truck, or barrow, drawn by any horse or other animal, shall wilfully interrupt any public crossing, or shall wilfully ca se any obstruction in any thoroughfare, shall, on conviction, c., forfeit, &c. Vans, waggons, and carts were drawn up at the warehouses of the defendants in the thoroughfares, causing great obstruction and annoyance to foot passengers. It was contended for the defendants that an obstruction within the meaning of the statute must be wilfully caused with intent to obstruct: Held, that an obstruction within the meaning of the Act had been caused by the defendants. Summons for unlawfully obstructing a public thoroughfare by vans, carts, and carriages. M. White for the prosecution. Sleigh for the defendant. M. White. This was one of several summonses framed under the stat. 2 & 3 Vict. c. 47, the 54th section of which, among other things, enacts that any person who shall cause any cart, waggon, van, public carriage, truck, or barrow, with or without horses, to stand in any street or thoroughfare longer than may be necessary for loading or unloading, or as regarded any public carriage taking up or setting down passengers in any p'ace not forbidden by law, truck, or barrow, drawn by any horse or other or who, by means of any cart, carriage, sledge, animal, shall wilfully interrupt any public crossing, In his cross-examination witness S carts of the purchasers came empty. horses attached to them. They stes side of the street, and remained from quarters of an hour-some longer ne time. The owners of those carts bein moned, though he admitted ther obstruction on that side of the rad the crossing was about seven feet. Sleigh for the deft.-This was a cos great importance in point of law. hands felt to be desirable that ap decision should be pronounced, 1 entitled to respect. The object of the 2 ment upon which these summonses! was, on the one hand, to assist trad ing on their business and traffic wit venient speed, and on the other to pr from being recklessly obstructed or venienced by the streets and crossing with. The court had nothing to dost portion of the section in question, an must therefore be called to the latter stitute this an offence it must be shi had been an obstruction which had caused, and of this he contended theTO tittle of evidence, still less was there a traffic of the street itself was interiered only grievance, if it could be so calle passengers to reach the crossing heat of some seventeen or eighteen feet. Hes this was not a case which the court with penal consequences, and, there... mons would be dismissed. Mr. PARTRIDGE delivered an elabor reviewing the whole of the facts, and obstruction had been caused by the defe the meaning of the schedule; and he st fore, inflict a fine of 20s. and costs. Sleigh applied for a case, in order! question to a Superior Court, but Mr. PARTRIDGE said he could not gra the court left it to the magistrate to a and he could only do so ouce. Upon that above would not interfere; and, thereon. refuse the application to grant a case o court might hold to be frivolous and vess SURREY QUARTER SESSIONS Jan. 4, 1868. (Before Mr. T. TILSON and a Bench of Mag WOOD e. Cook, Sale of bread-6 & 7. Will. 4, C. Cottage loares, composed of the same mater bread, but differing only in the form are bake, are not "fancy" bread, and by weight, in pursuance of the provis Will. 4. c. 37. s. 4. loaf of bread not being bread usually This was an appeal against the con appellant, a baker, for selling, ou the denomination of fancy or French brea thoroughfare, shall, on conviction by any magistrate or justice of the peace, be liable to the penalties prescribed by the Act at the discretion of the magistrate. The caso rested on the last proviso, and it seemed that a practice had grown up by which vans, waggons, and carts were drawn up at the warehouses of Messrs. Ingledew and Davenport, and that they caused an obstruction, not only to or shall wilfully cause any obstruction in any contrary to the provisions of sect. 4 of sat Will 4, c. 37. Denman, Q. C. and Oppenheim for the a Thompson and Thesiger for the respons The Inspector of Weights and Measary that on the day in question he went into lant's shop and asked merely for a quarterl a cottage loaf was sold to him at the curre artern loaf. This loaf, it was admitted, weigh 4lb. It was also proved that about seventy loaves were purchased in a similar lifferent shops in the same locality about the riod, and that of those only ten were of the household shape. Borough. Dartmouth > part of the respondent it was contended part of the appellant, a number of bakers s 6 & 7 Will. 4, the case was within the › magistrates having retired to consider their CAMBRIDGE BOROUGH SESSIONS. ing entrusted by W. with half a sovereign to get that it was not larceny, and Reg. v. Thomas 9 C. P. relied upon. e prisoner was indicted for stealing one halfeign, of the moueys of Charles Darlow -ton, on the 22nd Nov. 1867. lor (instructed by Ellison, Cambridge) appeared e prosecution. e prisoner was undefended. on the evidence of the prosecutor it appeared ury. Verdict not guilty. IE POLICE AS PUBLIC PROSECUTORS. — The ces of the Winchester Court of Quarter Sessions lain that in the case of the Alton murder, as in cases, the responsibility of acting as public ecutor fell upon the superintendent of police, the expenses had to be paid out of the police . The father of the murdered girl was unable rosecute, and the Home Office declined doing Several other inconveniences resulting from a state of things were pointed out in the course Le discussion. ..... The Manchester Examiner states that another Man chester lady has recorded her vote, but this time BEERHOUSE LICENCES. At the Staffordshire table to their influence." Clerk of the Peace W. Smith. J. Vines. J. Torkington. W. Winterbotham. were any vacancies the force is to that extent over estimated. By the number of inhabitants is meant the number of persons sleeping in the town; persons resident during the business hours of the day, but sleeping out of the town, are not counted. In the city of London the resident population in the day is more than double that of the night; and the police force is only one to every 406 of the resident population in the day time. PLEADING GUILTY.-At the Central Criminal Court on Wednesday before Mr. Justice Shee, Thomas Clark, aged twenty-seven, described as a labourer, was placed at the bar to plead to an indictment which charged him with the wilful murder of Annie Smith. When the charge was read to the prisoner, he in a firm voice replied, "I am guilty." Mr. Sleigh, who was instructed to defend the prisoner, went to him and in the most earnest manner urged him not to plead guilty, but to plead not guilty, and have all the circumstances connected with the case inquired into. The prisoner, being again asked whether he was guilty or not guilty, replied that he was guilty. Mr. Sleigh upon this applied to the Court to direct that the plea of guilty should not be recorded, but that the trial should be postponed to the next session, and during the interval he expected to be able to obtain evidence to show that at the time the act was committed the prisoner was in such a state of mind as to render him not criminally responsible for what he had done. The learned counsel added that, being only instructed by the sheriffs to appear on behalf of the prisoner, he was not in a position to state what evidence he was likely to bring forward on the next occasion. Mr. Justice Shee, after communicating with Mr. Avory, the clerk of the court, addressed the prisoner, and told him that, although he might feel that he was compelled to admit that he had committed the act imputed to him, there might be circumstances connected with it that would show A very unusual scene has occurred in the Antrim quarter sessions court, presided over by Mr. Otway, Q.C. The jury having handed in a verdict of acquittal in a case of common assault, the judge, addressing the foreman, asked, "What's that you say?" Foreman: "There were discrepancies in the evidence which- His Worship: "Tut, tut, nonsense! You may retire! Stop! (opening a law book) I don't know how to deal with that verdict; it is a perverse verdict." The foreman observed that they had found discrepancies in the evidence; when the judge again remarked that he had power-there was that the act did not amount to the crime of murder, · no question of it-to order a jury to reconsider and or that he was not responsible for that offence. He amend their verdict, when, through the mistaking of therefore strongly advised him to plead not guilty, evidence or partiality, it was repugnant to justice. the effect of which would merely be that all the He did not know whether he would exercise that facts would be brought before the jury, and it would power or not. He would allow the verdict to be rebe seen whether or not he was responsible for the corded, but he had never received a verdict from a crime of wilful murder. The prisoner still persisted jury with which he was so thoroughly dissa- in pleading guilty. The learned judge after some tisfied. (To the accused): "Stand up, sir. The deliberation said that he thought he was bound to jury, I can hardly call them so-the twelve men who receive the plea of guilty, but upon referring to the were sworn to try your case-have acquitted you. Act of Parliament he found that he was not comI do not believe a more guilty man ever stood in the pelled to pass sentence. He should, therefore, dock than you. However, I will take the verdict-receive the plea of guilty, but should defer passing a verdict which may have done more to hinder the sentence until next session, when evidence could be administration of justice in this court, and limit the brought forward to show what the state of mind of value of its jurisdiction, than any verdict that was the prisoner was at the time the act was committed, ever given. I have told you I will take the verdict, and also at the time he appeared before the jury. believing you-notwithstanding that the jury have The prisoner expressed a wish to address the court, acquitted you-as guilty a man as ever stood in that but he was advised not to do so, and he was then dock. You are discharged. I believe the verdict removed from the dock. to be partial, perverse, and repugnant to justice. (To the jury): Go away, gentlemen. You certainly never shall be on a jury again, if I can help it." The jurymen seemed much astonished. POLICE IN TOWNS.-The last annual return of the Manchester the number was 674, or one to 532 REAL PROPERTY LAWYER AND CONVEYANCER NOTES OF NEW DECISIONS. NUISANCE-POLLUTION OF AIR-An injunction was refused where a person who carried on a manu. facture in itself lawful, but which required the greatest care to prevent accidents, used due precaution, but occasionally, by unavoidable accident, caused to his neighbours injury, not irreparable, but such as could be compensated by damages: (Cooke v. Forbes, 17 L. T. Rep. N. S. 371. V.C. W.) WILL-MARSHALLING ASSETS-RESIDUARY DEVISE. Since the passing of the Wills Act a residuary devise is still to be regarded as specific, the old rule which made a residuary devise of realty specific being unaffected by the Act. A testator after directing payment of his debts, funeral, and testamentatary expenses out of the proceeds of his personal estate and certain real estates, and bequeathing the surplus of this mixed fund to his grandson J. L. C., devised the residue of his real estate to J. L. C., "nevertheless charged in manner thereinafter mentioned," and then followed the bequest of an annuity charged on the estates, subject to the said devise, and also a legacy to his granddaughter. The testator's personal estate was insufficient for the payment of his debts: Held, that the legacy to the granddaughter could not be considered as charged by the will upon the real estate, which passed under the residuary devise; and that in construing the will the insufficiency of the testator's personalty could not be taken into account as evidencing an intention to charge the legacy on the residuary realty, though such a consideration might be admissible where the meaning of a will was doubtful: Held, also, that although the residuary devise being regarded as specific, the legatee was not entitled to marshal the assets as against the devisee, yet that in accordance with the decision in Tombs v. Roch, 2 Coll. 490 (Knight-Bruce, V. C.), the legatee and the residuary devisee must contribute pro rata to satisfy the debts of the testator which his general personal estate was insufficient to pay: (Hensman v. Fryer, 17 L. T. Rep. N. S. 394. L. C.) THE FINSBURY ESTATE. This estate, with its rental of about 55,000l. per annum, on Christmas Day passed to the Ecclesiastical Commissioners for England. The commissioners had previously been in receipt of one-sixth since the death of the late Bishop of Carlisle, who received the same in right of the Finsbury prebendal stall in St. Paul's Cathedral. The estate has been held by the city corporation for upwards of 300 years, under successive leases from the prebendaries for the time being, granted according to ecclesiastical custom, until the expired lease, which was granted in 1768 under an arrangement (to enable the corporation to grant building leases), with the sanction of Parliament for ninety-nine years; as the fine for the renewal of the lease would have amounted to a large sum, onesixth of the rents was reserved to the future prebendaries, and three-sixths to Dr. Wilson, the prebendary of 1768, for his own share in lien of a renewing fine, which latter was afterwards purchased of Dr. Wilson by the corporation, who raised the purchase money by bonds, which ceased on Christmas Day. This is the estate which during the last few years has had so much attention directed to it. The representatives of the locality have been energetic in their endeavours to obtain a recognition of the principle that the district from whence the rentals have proceeded should benefit largely on such accession by the commissioners: and a deputation waited upon Mr. Gladstone, when Chancellor of the Exchequer, to ask the aid of his influence in furtherance thereof. Other parties have also at times cast longing looks upon portions, and have given utterance to their feelings on several special occasions. The late Bishop of London referred to it several times in the House of Lords. He described the rental as likely to be of "fabulous amount," and expressed his apprehension that it would afford a pretext, so detrimental to the funds, for an increased staff of secretaries and clerks to manage and attend to it. Be this as it may, it is certain the commissioners will have no slight additional duties cast upon them; an estate embracing every description of house property, from the professional residences in Finsbury-square to the smallest tenements in the courts and alleys of St. Luke's, managed entirely for 300 years by a public body, through vigilant committees and officers, is not very easily entered upon and managed successfully all at once. The late Dr. Percy would have shamed many official auditors and landlords; once every year he attended at the chamberlain's office to receive his one-sixth share of the rents, and spent several hours in examining the accounts and vouchers showing the actual receipts of the rents and the disbursements. The expenses attending the Ecclesiastical Commission have frequently engaged the attention of both Houses, several members of the Commons have been watching the progress of this estate, and it is supposed that the accession of this large income from property in the metropolis will again give rise to observations respecting the management of the estates vested in the commissioners, the appropriation of the rentals, the commission allowed to the receivers, and the expenses generally.-Observer. JOINT-STOCK COMPANIES' LAW JOURNAL. NOTES OF NEW DECISIONS. WINDING UP. RECTIFICATION OF REGISTER-COMPANIES ACT 1862, ss. 35, 98.-In Feb. 1866 shares stood in the name of B. B. then sold them to C., and the transfer was sent to the company for registration; it was passed by the director, whose duty it was to examine transfers, but had not been formally accepted by the board or registered before the company was ordered to be wound-up on March 7, 1866. C. borrowed money from D. on security of the shares, and executed a transfer, which, in form, was absolute, but, in fact, was for security only, and which transfer D. sent to the company for registration, and D. expecting a return of part of the capital pressed repeatedly for a transfer of the shares to himself, but this was not done when the company was wound-up. In the meanwhile C. paid off the mortgage to D., and sold the shares to E. It was held upon appeal that D. could not after the windingup be placed on the register merely to incur a liability, especially after the delay to register the transfer, and that it was not competent to a company after failure to ask to have one name removed from the register, and another substituted, on the ground that it ought to have done this before failure, the person actually on the register making no application. It was held also that the court cannot under sect. 98 rectify the register ex mero motu, but that it must exercise the judicial power given by sect. 35, having regard to all the circumstances of the case: (Sichel's case, 17 L. T. Rep. N. S. 363. Lord Cairns, L. J.) - NOTICE-SHAREHOLDER. -B. apALLOTMENT plied for ten shares, sending the required deposit, for which a receipt was returned, but he never had notice of any allotment, nor was called upon to pay the money required on allotment; but the directors had made such an allotment, and entered his name on the register of shareholders. Five months after he wrote to inquire when he should hear of an allotment, and was answered that the matter should be inquired into. Nothing more passed till a windingup order was made. establish his liability as a shareholder, as there was he was not bound to search the register of shareno completed contract between the parties, and that holders: (Gunn's Case, 17 L. T. Rep. N. S. 365. Rolt, L. J.) This was held insufficient to GENERAL. RAILWAY -SURPLUS LAND RIGHT OF PREEMPTION.-A company took land of the plaintiff, and after the completion of the line permitted a road for the accommodation of a neighbouring landowner to be made over the residue of the land. Such residue was held, nevertheless, to be surplus land, and the plaintiff was entitled to his right of prepre-emption under sects. 127 and 128 of the Lands Clauses Act: (Earl Beauchamp v. The Great Western Railway Company, 17 L. T. Rep. N. S. 343. V.C. S.) RAILWAY-LANDS CLAUSES ACT-SUPERFLUOUS LANDS.-By sect. 127 a railway company is bound to offer superfluous lands to all the adjoining owners, whether in fee or merely lessees. Owners of lands separated merely by a private road are adjoining owners. The meaning of the words "lands used for building purposes in sect. 128 is lands already actually laid out for such purposes or being built upon : (Coventry v. The London, &c., Railway Company, 17 L. T. Rep, Ñ. S. 368. M. R.) RAILWAY COMPANIES ACT 1867-SCHEME-CLASSIFICATION OF CREDITORS.-A scheme had been filed by a railway company under the provisions of the above Act of Parliament for the liquidation of the various claims upon it, and for the future management and carrying on of the undertaking. The company then applied summarily to restrain the proceedings in the actions at law and suits in equity which had been instituted by the various creditors against them: Held, that the general creditors of the company and those other than the landowners whose lands had been compulsorily taken, were bound by the Act, and their proceedings ordered to be stayed: Held, also, that the landowners were not bound by the provisions of the Act, and no order made as to any restraint upon the proceedings at law or in equity taken by them: Held, further, that the original scheme filed might be amended by leave of the court: (Re The Cambrian Railways Company, 17 L. T. Rep. N. S. 374. V.C. W.) It is announced that the liquidators of Overend, Gurney, and Co. (Limited), pay a sixth dividend, at the rate of 1s. in the pound, making altogether 14s. in the pound. Both the creditors and the shareholders deserve to be congratulated on the progress of the liquidation, which has proved so satisfactory considering the impediments that were at first interposed to a steady realisation of the estate. LAW STUDENTS' JOURNAL. UNIVERSITY INTELLIGENCE CAMBRIDGE. LAW DEGREE EXAMINATION. 1. Describe the following tenures: (1) Ancient Demesne, (2) Borough English, (3) Copyhold, and (4) Gavelkiud. A. dies intestate, seised in fee of lands of each the above-mentioned tenures, leaving his wife and two sons surviving. What interests will his wife and sons take in the lands respectively? 2. Define an estate tail. To what statute do estates tail owe their origin? How were entails barred before 1834? A tenant in tail of certain lands, erroneously sup. posing that he was tenant in fee simple, conveyed by indentures of lease and release to a purchaser, and subsequently levied a fine for the purpose of barring his wife's dower. What estate did the purchaser take in the lands? 3. Define the office of Protector of a settlement. Copyholds are surrendered to the use of A. and his heirs in fee simple in trust for B. for life, remainder to C. in tail with remainders over. How may the entail be barred? Can it be barred in more ways than one. 4. State the steps by which lands were rendered liable to the payment of the debts of a deceased owner. What effect has a charge of debts by the will of a deceased debtor on the priority of his creditors? 5. What is the doctrine of Cy près? Lands are devised to A., an unborn person, for life, with remainder to his children in fee simple. Will the doctrine of Cy près apply? If the remainder had been to the first son (only) of A. and the heirs male of the body of such first son, would the doctrine of Cy près have applied? 6. What is meant by the merger of an estate? Give examples. An estate is limited to the use of A. in tail, remainder to B. for life, remainder to A. in feesimple; B. dies in the lifetime of A. Can A. make a title to the fee-simple in possession? and if so, how? An estate is limited to the use of A. for life, remainder to his wife for life, remainder to A. in esimple. Can A. and his wife make a title to the feesimple in possession? and if so, how? 7. Define (1) a vested remainder, (2) a contingent remainder, and (3) an executory interest, and give examples of each. 8. What is an incorporeal hereditament? Distinguish between Common Appendant, Common Appurtenant, and Common in gross. 9. The owner of the Equity of Redemption of an estate contracts to sell to a purchaser, who pays off the mortgage debt. Draw up an outline of the conveyance with the proper covenants. the 10. A. sold lands to B. for 2000. 1500. of the purchase-money was paid, and the payment remaining 5007. secured by a mortgage on part of the land. Had A. any lien for his 5007. on the rest of the land? 11. State the alterations in the law as to satisfied and attendant terms made by the 8 & 9 Vict. c. 112. Austin and Bentham. 1. Classify with examples the several meanings of the term Law. 2. Define Rights in Rem and Rights in Personam. Is there any corresponding distinction in Bentham's "Principles of the Civil Code ?” 3. What are the essentials of positive law? 4. Explain the meaning of "Sanction." How does Austin differ from other writers in the use of the term? 5. Describe fully the characteristics of an Independent Political Society. 6. In every government the sovereign renders habitual deference to the opinions of the subjects. Can it be inferred from this that every government is in fact the government of a number? 7. Distinguish between an illegal and an unconstitutional act. 8. Give a summary of the objections founded on the nature of conventions in general to the theory of the Original Covenant. 9. Science of Jurisprudence; Science of Positive Morality; Science of Deontology; Science of Legis lation. State briefly the subject of each of these sciences. Which of them are treated of by Bentham in his "Principles of the Civil Code ?" 10. "Liberty consists in the power of doing everything which does not hurt another." Examine this definition. Can you suggest any other? 11. "Potior est Conditio Defendentis"? What principle is the basis of this rule? 12. What are the chief reasons assigned by Beninvalid? 13. What objects should a legislator, according to Bentham, have in view in fixing his mode of disposing of property after the owner's death? How far does the English Law attain these objects? 14. "A voluntary courtesy will not support an assumpsit, but a courtesy moved by a previous re 142, to the name, description, and address of the of action, and as many copies of such last-mentioned plaintiff as given in the affidavit. High Bailiff's Duties. required to be served in a foreign district by the 27. 9 of 10 Vict. c. 95, s. 62.-Where the summons bailiff of that district, he shall, eight clear days at least before the return day, transmit the copy thereof to the registrar of the home court, with an affidavit the Law of Persons generally separated is he rest of the Corpus Juris? Ought it to › or follow the Law of Things? What are the essentials of a contract of MarState the several causes considered by im sufficient for dissolving a marriage. What do you understand by the Utilitarian of Morality? To what theory of the ground al obligation is it opposed? Give a summary How far do you consider that the rules by men guide their conduct are influenced by views on these subjects? arguments in favour of each. Roman Law. tive a short account of the two first forms of lure in civil actions in Rome. What distinct ng had the term actio in each of these systems? > latter of them what difference was there en actiones in jus and actiones in factum conSunt tamen (says Justinian, Just. 4, 15, 1,) tant proprie interdicta ea vocantur quæ proria sunt." On what grounds was this opinion ? What do you suppose to have been the real of this class of civil remedies in their origin? What was the litis contestatio, and what imat effect did it have upon the relative positions › litigants? aius (IV. 34) says that under the system of dure in use in his time it was necessary to to a fiction in order to sue for and obtain im possessio under the prætor's edict: (1) Why his necessary? (2) what was the nature of the 1? (3) how was the intentio in such a case d? ain each class. What do you understand by Præsumptio? what classes were præsumptiones divided? "Præjudiciales actiones in rem esse videntur" . 4. 6. 13). (1) How is this made out? (2) What the object of these actions? (3) Do you know her other questions than those of status were ubjects of them? What was the Actio Negatoria? On whom he onus probandi lie in it? State the points of resemblance and of difference een the actiones "de constitutâ pecuniâ," and eptitia." What were "compensationes?" Were any ges introduced into the old law on this part of ling in Justinian's time? What were the different classes of probationes? What does Quintilian mean by his division roofs into Probationes "artificiales" and "inartiles?" Enumerate the component parts of the er class. 2. State generally the Roman rules with rence to documents required to be exhibited evidence when either lost, not produced, or -existent. COUNTY COURTS. are of such service, if the summons has been served, and if it has not been served, he shall return the been served: and the affidavit shall state the same summons with an affidavit stating why it has not particulars as to service or non-service as required to be indorsed on a summons; and if such affidavit be defective the bailiff shall amend the same at his own expense in conformity with the direction of the judge of the home court. 28. Where the bailiff neglects to return to the registrar of the home court the copy of the summons with the affidavit annexed, within the time above prescribed, the judge of the home court may make an order directing the bailiff of the foreign court to pay to the plaintiff such sum as the judge may think reasonable, as compensation for the loss of time and expense caused to the plaintiff by the neglect of the bailiff, and a memorandum of such order shall be made in the minute book, and the registrar of the home court shall transmit to the bailiff of the foreign court a notice in the form annexed, and if the bailiff shall not remit to the registrar of the home court the sum directed by the order to be paid, the registrar shall transmit to the treasurer of the foreign court a copy of the notice certifying thereon the neglect of the bailiff to pay the money as required, and the treasurer shall deduct such sum from any payment he may thereafter make to the bailiff. Plaint. 36. Where it shall appear, on an application for reside in England, the plaint shall not be entered the entry of a plaint, that the plaintiff does not until security for costs, by deposit of money or otherwise, shall have been given to the satisfaction of the registrar. 39. 30 31 Vict. c. 142, s. 1.-Where under sect. 1 of 30 & 31 Vict. c. 142, the leave of the judge or registrar is required, a plaint shall not be entered unless the judge or registrar shall be satisfied, by statement on oath or affidavit, or statutory declarabehalf, that the defendant, or one of the defendants, tion of the plaintiff, or of some other person on his has within the then last six calendar months dwelt or carried on business in the district of the said court, or that the cause of action or suit arose wholly or in part within the said district. 40. 30 31 Vict. c. 142, s. 2.-Where a plaintiff requires a summons to issue in the form contained in schedule (B.) to 30 & 31 Vict. c. 142, he may at the time of the filing of the affidavit, deliver to the registrar a statement in writing, signed by himself or his attorney, stating that he will serve the summons by himself, his attorney, or by some clerk or servant in the permanent employ of himself or his attorney, and it shall be served accordingly; but in default of such notice the summons shall be served by a bailiff of a county court. 41. 30 & 31 Vict. c. 142, s. 2.-Where the plaintiff does not require the order upon the judgment to be for payment forthwith he shall, at the time of the E NEW COUNTY COURT RULES AND entry of the plaint, deliver to the registrar a state § 10 Vict. c. 95, s. 142.-In the following rules d orders the words "home court" shall mean the urt from which process is originally issued, and e words "foreign court" shall mean the court of e district into which process is issued from another urt; and the words "home district" shall mean e district of the home court; and the words foreign district" shall mean the district of the reign court; and the words "on oath" shall mean on oath viva voce or by affidavit;" and the words return day" shall mean "the return day of the immons ;" and the word "treasurer" shall, where here is no treasurer of the court, mean the superinndent, for the time being, of the county court epartment of the Treasury; and the words "clear ays" shall mean that in all cases in which any articular number of days is prescribed for the doing ny act or for any other purpose, the same shall be eckoned exclusive both of the first and of the last lay; and unless there be something in the context nconsistent therewith, the provisions of sect. 142 of & 10 Vict. c. 95, shall apply to the interpretation of these rules. statement as there are defendants; and thereupon the registrar shall appoint a day for the hearing of the cause, and shall indorse on the writ the date of the lodgment thereof and of such statement, if any. 69. 30 31 Vict. c. 142, s. 10.-Unless the judge of the county court shall otherwise order, any cause sent by order of a judge of a superior court under sect. 7 of 30 & 31 Vict. c. 142, to be tried in a county court shall be heard on the court day for such county court district for which summonses on plaints are then being made returnable; and the registrar shall give notice of the day to the parties by post or otherwise, ten clear days before such day; and where a statement of the particulars of the plaintiff's demand or cause of action shall have been lodged, shall, with the notice, send to the defendant, or to thereof, sealed with the seal of the court. each of the defendants if more than one a copy Action of Tort remitted by Superior Court. 70. 30 31 Vict. c. 142, s. 10.-Where any action of tort is remitted by order of a judge of a superior court under sect. 10 of 30 & 31 Vict. c. 142, to be tried in a county court, the plaintiff shall, at whatever stage of the proceedings such order is made, with the original writ and the judge's order, lodge with the registrar of the county court named in such order a statement of the names, addresses, and descriptions of himself and of the defendant, and a concise statement in writing, signed by himself or his attorney, of his cause of action, and of the particulars thereof, and as many copies thereof as there are defendants, and thereupon the registrar shall appoint a day for the hearing of the cause, and shall indorse on the writ the date of the lodgment thereof and of such statement. 71. Unless the judge of the county court shall otherwise order, any action of tort remitted by order of a judge of a superior court under sect. 10 of 30 & 31 Vict. c. 142, to be tried in a county court, shall be heard on the court day for such county court district for which summonses on plaints are then being made returnable, and the registrar shall give notice of the day to the parties, by post or otherwise, ten clear days before such day, and shall, with the notice thereof, send to the defendant or to each of the defendants if more than one, a copy of the statement of the plaintiff's cause of action, sealed with the seal of the court. 72. 3031 Vict. c. 142, s. 10.-Where in any action for libel or slander remitted under sect. 10 of 30 & 31 Vict. c. 142, to be tried in a county court, the defendant intends to avail himself of the provisions of sects. 1 & 2 of 6 & 7 Vict. c. 96., he shall give notice in writing of such intention, signed by himself or his attorney, to the registrar five clear days before the day appointed for the trial of the action. Payment into Court before Judgment. 75. 30 & 31 Vict. c. 142, s. 10.-Where a defendant, in an action of libel remitted under sect. 10 of 30 & 31 Vict. c. 142, to be tried in a county court, pays money into court under sect. 2 of 6 & 7 Vict. c. 96, the last two rules shall apply to and be observed with reference to such payment into court so far as they are applicable. Inspection of Documents. 77. Where a party desires the production of any ment in writing, signed by himself or his attorney, document or documents to the production of which of the time or times at which, and of the instal- he is entitled for the purpose of discovery or otherments, if any, by which he consents to accept pay-wise, he shall make an affidavit that such document ment, together with as many copies of such stateor documents is or are in the possession or power of ment as there are defendants; and a copy of such the opposite party, and the registrar shall, upon the statement, sealed with the seal of the court, shall delivery to him of the affidavit and a copy thereof, be annexed to the summons, and served therewith. file the affidavit, and make an order (annexing 42. Where a plaintiff requires the summons to be thereto the copy of the affidavit), that the party served otherwise than by a bailiff, the registrar shall against whom such application is made shall answer enter the paint and deliver the summons to the on affidavit stating what documents he has in his plaintiff for service forthwith, if so required. possession or power relating to the matters in dispute, or what he knows as to the custody they or any of them are in, and whether he objects, and if so on what grounds to the production of such of the documents as are in his possession or power; and the time within which the opposite party shall return such affidavit to the court shall be stated in the order, which order shall be served by the bailiff Service of Summons to appear to a Plaint. 63. The twelve rules preceding this rule shall not apply to summonses issued under sect. 28 of 19 & 20 Vict. c. 108, or under sect. 2 of 30 & 31 Vict. c. 142, or under the Summary Procedure on Bills of Exchange Act 1855, and except where otherwise hereafter provided. 64. Where a summons shall issue under sect. 18 of 19 & 20 Vict. c. 108, or sect. 3 of 30 & 31 Vict. c. 142, the same shall be served by the bailiff of the district within which the defendant shall dwell or carry on business, unless the judge shall in each case otherwise specially order; provided that this rule shall not interfere with the general power, now vested in the bailiff of the court from which the summons has issued, to serve the same within five hundred yards of the boundary of his district. Action of Contract sent for Trial by Superior Court. 68. 30 31 Vict. c. 142, s. 7.-Where a judge of a superior court orders a cause to be tried in a county court under sect. 7 of 30 & 31 Vict c. 142, the plaintiff shall, with the original writ and the judge's order, lodge with the registrar of the county court named in such order a statement of the name, address, and description of himself and of the defendant, and if the writ has not been specially indorsed a statement of the particulars of his demand or cause of the court. 78. The party against whom such order is made shall answer an affidavit according to the terms of the order, and return the affidavit and a copy thereof to the registrar of the court, by post or otherwise, within the time stated in the order; and the registrar shall immediately upon receiving such affidavit file the same, and transiit by post or otherwise to the party making the application the copy of the affidavit, sealed with the seal of the court. 79. Where after such last-mentioned affidavit is filed, the party making the application requires a further order thereon, he shall apply to the registrar for such further order, and if there be no matter of fact or law in dispute between the parties, the registrar shall make an order in writing in accordance with the facts; but if there shall be any matter of fact or law in dispute between the parties, the registrar shall trausmit both affidavits to the judge, who shall direct the registrar to give notice by post or otherwise to both parties of a time and |