Imágenes de páginas
PDF
EPUB

Provincial Banking Corporation.-Dividend, free of come-tax, at the rate of 73 per cent. per annum, or the half year.

Staffordshire Joint-Stock.-A dividend of 15s. per are for the half year.

Union of Ireland (Limited).-Creditors are required forward particulars of claims to Mr. E. W. Winrove, of 52, Moorgate-street, by the 20th Feb. FINANCE, CREDIT, AND DISCOUNT COMPANIES. City Discount Company.-A dividend of 10 per nt. per annum.

Marine Investment Corporation (Limited).-Creditors e required to forward particulars of claims to the quidators by the 20th Feb.

National Discount Company.-15 per cent. per inum dividend declared.

New Consolidated Discount Company.-A dividend the rate of 7 per cent. declared.

New Zealand Loan and Mercantile Agency Company. 10 per cent. dividend.

Overend, Gurney, and Company (Limited.)-Messrs. arquand and Harding, the liquidators, report that, hereas the liabilities were 18,727,916. at the date suspension, they were 1,190,855% on the 31st Dec. st. The remaining assets are estimated at 1,681,2217. he contributories (omitting the members of the te firm, who held 8323 shares) are 2219 in number. olders of 2289 shares have become bankrupts, and idence of inability to pay in full has been given by 1 more. From the separate estates of the partners the old firm, the total of 464,0002 has been availle; and it is estimated that a further 432,2231. will realised. From the "suspense and guarantee count," 253,0397. has been obtained, and 432,6751.

yet to be realised. The liquidators hope that by e end of 1868 nearly the whole of the liabilities ay be discharged.

Scottish Australian Investment Company.-A divind, payable on Wednesday, the 12th Feb., at the te of 10 per cent. per annum.

ASSURANCE COMPANIES.

British and Foreign Marine Insurance Company.-A

vidend of 4s. per share, or 10 per cent. Lancashire Insurance Company.-A dividend at the te of 10 per cent. per annum. National Provincial Marine Insurance Company mited)-An extraordinary general meeting is lled for the 7th Feb., to consider resolutions for e voluntary winding-up, and for the appointment a liquidator.

Norwich Union Fire Office.-A dividend of 157. per

iare.

MISCELLANEOUS COMPANIES.

Albert Veterinary College (Limited.)-It has been ecided to wind-up voluntarily, and Mr. T. Hunter, ccountant, of Crosby-house, Bishopsgate-street, has een appointed liquidator by the shareholders. Brill Brighton Bath Company.-A dividend at the

ate of 5 per cent. per annum.

County and General Consumers' Company (Limited.) -Vice-Chancellor Malins has appointed as official iquidators Mr. H. D. Stephenson, and Mr. William White, accountant, of 33, King-street, Cheapside. East and West India Dock Company.-A Dividend of per cent. and a bonus of 1 per cent. were declared, aking, with the 3 per cent. already paid, 7 per ent. for the year. Enamel Porcelain Company (Limited.)-Creditors re required to send the particulars of their claims to [r. F. F. Buffen, of King street, Cheapside, the ficial liquidator, by the 11th Feb., the 21st Feb. aving been appointed by the Master of the Rolls or adjudicating upon them. Fore-street Warehouse Company.-A dividend at he rate of 7 per cent. per annum.

Gas Light Improvement Company (Limited.)-Mr. Arthur Cooper has been appointed official liquidator. London, Italian, and Adriatic Steam Navigation Company (Limited.)-A third dividend, 2s. 6d. in the ound, is declared on the company's general debts, aking 178. 6d. in all.

Landon Quays and Warehouses Company (Limited.) -The Master of the Rolls has appointed Mr. James Cooper official liquidator.

[blocks in formation]

sold for 24201.

Wednesday Jan. 22.

By Messrs, NORTON, TRIST, WATNEY, and Co., at the Mart. Freehold estate, known as Cookham Farm, in the parishes of East Grinstead and Horsted Keynes, Sussex, comprising a farmhouse, with homestead, buildings, and 794. 3r. 6p. of arable, pasture, and wood lands-sold for 20501. Freehold residence known as Pitt-place, with grounds, gardens, farm homestead, and 53 acres of arable and pasture lands, situate in the parish of Mottestone, Isle of Wight Freehold, 27a. 3r. 39p. of arable, pasture, and wood land, in the parish of Brixton, Isle of Wight-sold for 9501. Freehold, 2a. 2r. 1p. of meadow land, situate as above-sold An undivided moiety of and in the farm and lands known as Strouds, or Hawkes-hill, otherwise Axcells, in the parish of Mottestone, Isle of Wight, comprising four fields, with building and garden, containing 13a. 1r. 8p.-sold for 3401. Freehold residence, known as Carisbrooke-cottage, Carisbrooke, Isle of Wight, let at 147. per annum.-sold for 3101. Rectorial tithe rentcharge of 101. 15, 9d.. arising from 356a. Ir. 38p., in the parish of Shalfleet, Isle of Wightsold for 18207.

for 1657.

Leasehold, two houses, with stabling, bakery, &c., known as

Buckingham-cottages, Westminster, let on lease until Lady Day, 1874, at 14/ .per annum, and underlet at rentals amounting to 1077. 4s. per annnm, term 40 years from 1855, free from ground-rent-sold for 6601.

The Moniteur publishes some interesting facts

showing the enormous increase which has lately taken place in the value of land in Paris and its vicinity. It says that in the streets adjoining the Théâtre Français and the Palais Royal, through which the Avenue Napoléon, leading to the new opera-house is now being formed, land is sold at from 1150f. to 1300f. the square metre. In the district surrounding the new opera-house land costs from 900f. to 1050f. the square metre, and at the

corner of the Chaussée d'Antin, near the Vaudeville,

from 1000f. to 1250f. On the Boulevard St. Michel, near the Odéon, it costs 526f, and at Passy, where land was sold in 1864 for 20f. or 30f. the square metre, it cannot now be bought for less than 471.

SOLICITORS' JOURNAL.

NOTES OF NEW DECISIONS. EQUITY PRACTICE TRUSTEE. If a trustee acknowledges, under his hand and seal, that trustmoney is due from him, that constitutes him a specialty debtor for such trust-money: (Brook v. V.C. S.) Harwood, 17 L. T. Rep. N. S. 462.

TEN-YEAR CLERKS.-The provision in sect. 4 of the 23 & 24 Vict. c. 127, that a person who has been a clerk to an attorney for ten years, and who is afterwards articled for three years, may be admitted an attorney, applies, notwithstanding such clerk when he entered the service was only in his fifteenth year: (Er parte Sherry, 17 L. T. Rep. N. S. 471. Q. B.)

JUDGE'S POWER TO EXTEND "TIME FOR PRO

CEEDING TO TRIAL."-A judge has discretionary under the 101st section of the C. L. P. A. 1852, "power to extend the time for proceeding to trial" after the end of twenty days from defendant's notice to proceed. Defendant gave twenty days' notice to plaintiffs to proceed to trial at the sittings next after the expiration of the notice. After the twenty days had elapsed, plaintiff gave ten days' notice of trial, and an order was obtained at chambers to set the case down: Held, upon appeal, that a judge has discretionary power to make such an order, although application was not made within twenty days of defendant's notice: (Nosotti v. Hudson, 17 L. T. Rep. N. S. 479. C. P.)

V.C. WOOD'S COURT. MORGAN v. LEWIS.

This was a suit by Messrs. Morgan and Smith, London and St. Katherine's Docks Company.-A solicitors, of Merthyr Tydfil, for the purpose of relividend for the half-year of 11. 5s. per cent. is pro-acting as clerk to, or carrying on business as an straining the defendant, Rowland Lewis, from osed, making 2 per cent. for 1867. London Chemical Company (Limited.)—Mr. Fredk. attorney or solicitor within twenty miles of Merthyr 3. Smart has been appointed liquidator of the London for fifteen years from the 28th July 1859, either as Chemical Company (Limited.)

Scottish Wagon Company.-A dividend at the rate of 12 per cent. per annum. Southampton Dock Company.—A dividend at the

ate of 5 per cent. per annum.

MINING COMPANY.

clerk to or partner with Thomas Williams in the
had for many years been a clerk of Mr. Overton, of
bill mentioned, or otherwise. The defendant Lewis
Merthyr, and afterwards of Messrs. Overton and
Morgan, who carried on business in partnership
down to the 1st Nov. 1853. In that year the plain-
tiffs bought out Mr. Overton's interest, and upon

Port Phillip and Colonial.—A dividend of 1s. 6d. that occasion it was proposed as one of the terms of
per share has been declared.

[blocks in formation]

Mr. Morgan acted upon this permission, by taking Lewis as his articled clerk, and on the 28th July 1859 Lewis entered into a bond to the plaintiffs, the condition of which was that he should not after the expiration of five years act as clerk or solicitor within twenty miles of Merthyr for fifteen years thence next ensuing without the consent of the plaintiffs, or if he should after being qualified, practise as attorney, solicitor, or clerk within fifteen years, he should pay to the plaintiffs the sum of 1000. In April 1866 the defendant, having been admitted as a solicitor, engaged himself to act as a clerk to Mr. Williams, of Merthyr, and upon the plaintiffs making inquiry he wrote a letter to them, dated the 9th April, in which he admitted he was acting as such clerk, and said he always felt disposed to consider the plaintiffs might have some legal claim against him for a reasonable money compensation, and that he had long ago offered to arrange with them the amount he ought to pay, and he now wished them to understand that he was still prepared to go into the question of amount with them, and to pay any sum that might be agreed upon. A long correspondence between the parties was read.

Willcock, Q. C. and Roupell were for the plaintiffs. Freeman was for the defendant.

The VICE-CHANCELLOR thought, taking the bond and the correspondence together, that the agreement was plain. It was either that the defendant was not to practise within the limits specified, or that he was to pay 10007. The true construction of the instrument was that it was an agreement; the bond was mere machinery. There was no question of penalty, only an agreement that he must purchase his right to practise at 10001. In that view of the case, the letter of the 9th April must be treated as a distinct breach of the defendant's agreement. Instead of doing what he agreed to do, he claimed a right to say "I will practise, and then pay any sum that we As the defendant had may afterwards agree upon." broken his contract there must be an injunction in from July 1849, unless and until the defendant paid the terms of the prayer, extending over fifteen years costs of the suit, but if the money were paid before the sum of 1000l. The defendant must also pay the address the court again on the minutes on this the decree was drawn up, the defendant might point.

COURT OF BANKRUPTCY.
Re S. TRIPP

The bankrupt, who was described as a solicitor, scrivener, and discount agent, of Norfolk-terrace, Bayswater, came up by adjournment for examination and discharge. He had been arrested at the suit of an individual creditor; the debts were 9701., against assets 491.

Finlay Knight, who opposed, examined the bankrupt upon his accounts, and asked for further information.

His HONOUR said he was not satisfied with the accounts filed, and he ordered the bankrupt to file additional accounts.

WINDING-UP. Solicitors' Costs.

costs until they are actually taxed and certified. In future no payment will be made on account of

Official Liquidators' Remuneration. tained during the present sitting unless it is made, No application for remuneration will be enterand the evidence in support left to the chief clerk

on or before the 14th March 1868. Master of the Rolls Chambers, 29th Jan. 1868.

APPOINTMENTS UNDER THE JOINT-STOCK WINDING-UP ACTS. BRITISH EXCHEQUER LIFE ASSURANCE COMPANY (REGIS TERED). A call of 14. 58. per share to be made by the V.C. W., at his chambers, on Feb. 11, at noon. Solicitors, Torr, Janeway, and Tagart, 38, Bedford-row, London. COTTON PLANTATION COMPANY OF NATAL (LIMITED).—Creditors to send in by March 1 their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to Messrs. Engebach and Rodolf, 2, Gresham-buildings. Basinghall-street, London. March 9, at eleven o'clock in the forenoon, at the chambers of M.R, is the time appointed for adjudicating upon such claims. INTERNATIONAL HOTEL COMPANY (LIMITED) -V.C. M. has appointed A. Gearing, of the International Hotel, Londonbridge, hotel manager, and R. Wilson. of Billiter-street, London, Esq, the official liquidators of the above-named company. Solicitor, R. J. Pead, 20, Great George-street,

Westminster.

INTERNATIONAL HOTEL COMPANY (LIMITED) -Creditors to

send in by Feb. 8 their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to A. Gearing, of the International Hotel, Southwark. Feb. 18, at noon, at the chambers of V.C. M., is the time appointed for adjudicating upon such claims. Solicitor, R. J. Pead, 30,1 Great George-street, Westminster. CREDITORS UNDER ESTATES IN CHANCERY. LAST DAY OF PROOF.

innkeeper. Feb. 20; E. Hoare, solicitor, 28, Great Jamesstreet, Bedford-row, London. March 5; M. R., at eleven o'clock in the forenoon.

the new partnership that the defendant Lewis might
be allowed to receive his articles under Mr. Morgan,
without paying any premium. Mr. Smith objected
to this on the ground that Lewis would be an in-
jurious neighbour as a rival practitioner, and finally ALLEN (Nathaniel). Empingham, Rutlandshire, farmer and
in the deed of partnership, dated the 1st Nov. 1853,
a clause was inserted whereby Mr. Morgan was to
be at liberty to take Lewis and another as articled
clerks whenever he should think proper to do so,
them, but Lewis was to enter into a bond not to
without charging any fee or premium for either of
practise within twenty miles of Merthyr. In 1859

BASSET (Peter), Brynmair, Dolgelley, Merionethshire, gentleman. Feb. 20; C. Wilkin, solicitor, 10, Tokenhouse-yard, London. Feb 29; V.C. W., at noon.

BIRD (H. H.). 1, Robert-street, Adelphi, Westminster, and Gravesend, Kent, civil engineer. Feb. 27: Kimber and Ellis, solicitors, 199, Gresham-house, Old Broad-street London. March 9; V.C. M., at noon.

250

BOND (S. J), Childwick-green, near St. Albans, and Offley
Mill, Herts, corndealer and horse trainer. Feb. 12; R.
Crooke, solicitor, Luton, Beds. Feb. 21; V.C S. at noon.
ERNUIN (H. A.). Aylsham, Norfolk, Esq. Feb. 23; Dewes
and Sons, solicitors. 2, Angel-court, Throgmorton-street,
London. March 2; V.C. W., at noon.
FRANKIS (Thos.). Llandaff, Glamorganshire, gentleman. Feb.
17: R. J. Cathcart, solicitor, Newport, Monmouthshire.
Feb. 27: V.C. S., at noon.

GLYDE (John). Yeovil, Somersetshire, gentleman. Feb. 29;
W. Glyde. solicitor. Yeovil. March 12; V.C. M., at noon.
GOODMAN (Henry), Harefield, Middlesex, gentleman. Feb. 15;
W. Wills, solicitor, Uxbridge. Feb. 24; V.C. S., at noon.
HAMP (Francis), Bacton-villa, Bacton, Herefordshire, banker.
Feb. 25: H. Parker, solicitor, 17, Bedford-row, London.
Feb. 29; M. R., at noon.

HUTLEY (John), 1 and 2. High-street, Bloomsbury, London,
wholesale cheesemonger and provision merchant. Feb. 25:
J. A. Stuart, solicitor, 6, New-inn, Strand, London March
5: V.C. M, at noon.

LAZENBY (James), Flaxton. Yorkshire, farmer and cattle
dealer. March 9; Richardson, Gutch, and Co., solicitors,
York. March 27; V.C. S., at noon.

MARTIN (Joseph), Overbury, Worcestershire. gentleman.
Feb. 14; G Badham, solicitor, 49, Queen-street, Cheapside,
London. Feb. 22; VC M., at noon.

RUSSELL (Alex.). 35, Thistle-grove, Brompton, Middlesex,
Esq. Feb. 12; J. Murray, solicitor. 7, Whitehall-place,
Westminster. Feb 24: V C.M., at noon.
SAWYER (J. W.), Dulwich, Surrey, and Arthur-street east,
London, builder and contractor. Feb. 8; Halse, Trustram,
and Co., solicitors, 61, Cheapside, London. Feb. 17; V.C. M.,
at noon.

SCOTT (Richd), 267, Walworth-road. Surrey, baker. Feb. 18;
Keene and Marsland, solicitors, 77, Lower Thames-street,
London. March 5; V.C. W., at noon.

SMALL (Robt.). Wiley. Wilts, yeoman. Feb. 10; Cobb and
Smith, solicitors, Salisbury. March 2; M. R, at eleven
o'clock in the forenoon.

WARD (Horatio), 2, Osnaburgh-terrace, Middlesex. Feb. 15:
Farmer and Robins, solicitors, 11, Pancras lane, London.
Feb. 29; V C. S, at noon.

Feb. 26; M Curtler, solicitor. Worcester. March 7; V.C. S., at one o'clock in the afternoon.

WELLS (Sabina). Droitwich, Worcestershire, widow.

CREDITORS UNDER 22 & 23 VICT. c. 35.
Last Day of Claim, and to whom Particulars to be sent.
ADAMS (Thos ), Claremont-cottage. Great Malvern, Worces-
Feb. 29; W. P. Hughes,
tershire, plumber and glazier.
solicitor, Pierpoint-street, Worcester.
BOTTING (Wm.), Hurst, Barns-farm, East Chiltington,
Sussex, farmer. March 2; H. J. Jones, solicitor, Lewes,
Sussex.

BRUCE (Hon. Sir F. W. A.). G.C. B, H.M.'s Envoy Extraor-
dinary and Minister Plenipotentiary to the United States of
America. Feb 25; Bowker, Peake, and Bird, solicitors, 6,
Bedford-row, London,

'BURTON (James), Newhouses. Horton, in Ribblesdale, York-
shire, yeoman. Feb. 24: W. Hartley, solicitor, Settle
CARDING (Wm.), The Combs, Farnsfield, Notts, farmer.
April 21; Stenton and Townsend, solicitors, Southwell,
Notts.

CREALOCK (Ann). 3, Stanhope-place, Hyde-park, Middlesex,
widow. Feb. 29; Clarke, Son, and Rawlings, solicitors,
29, Coleman-street, London.
CULVERWELL (James). Wedmere, Somersetshire, gentleman.
March 7: H. Channing, solicitor, Taunton. Somerset.
DAVISON (W. T.), Woodfield-house, near Flint, merchant.
March 14; Jenkins and Rae, solicitors, 44, Castle-street,
Liverpool.

PULFORD (W. H.), 19, Downshire-hill, Hampstead, Middle-
March 2; J. A. Bertram, solicitor,
sex. gentleman.
Library-chambers, London.
RADLEY (Thomas), Ilford, Essex, blacksmith. March 1;
Baddelay and Sons, solicitors, 48, Leman-street, Goodman's

fields, London.

London.

SAGE (Rev. C. A ), Brackley, Northants. March 7; Booty
and Butt, solicitors, 1, Raymond-buildings, Gray's-inn,
Scorr (Wm), 14, St. James's-place. St. James's-street, and
of the Union Club. Trafalgar-square, Middlesex, Esq.
Feb. 28; Hill and Hoyle, solicitors, 123, Cannon-street,
SHEPPARD, otherwise ROBERTS (Robert), Winchcombe, Glou-
cestershire, plumber and glazier. Feb 29; E. S. Wood,
solicitor, Winchcombe.

London.

SHORT (W. J.), The ('edars. Oaklands-park, Walton-on-
Thames, Surrey, Esq. March 12; Gregory, Rowcliffes,
and Rawle, slicitors, 1 Bedford-row, London.
SMITH (James). Wordsley-fields, Kingswinford, Stafford-
shire, gentleman. Feb. 28; Harward. Shepherd, and Har-
ward, solicitors. Stourbridge, Worcestershire.
TAYLOR (Joseph), Baker's-lane,

Knowle, Warwickshire,
gentleman. Feb. 20: Rawlins and Rowley, solicitors, 12,
Temple-row. Birmingham

VINT (Martha E.), Saint Mary's-lodge, near Colchester, Essex,
widow. Feb. 20; Young and Jackson, solicitors, 12, Essex-
street, London.

WEBSTER (Mary A.). Chatteris. Isle of Ely, Cambridgeshire,
spinster. Feb. 28: Greene, Mellor, and Son, solicitors,
Huntingdon.

WESTBROOK (Elizabeth), Great Marlow. Bucks, widow.
March 17: C Hanslip, solicitor, 25, Great James-street,
Bedford-row London.
WILDMAN (Alice), Woodfield-in-Caton, Lancashire, spinster.
Feb. 22; Sharp and Sons, solicitors, Lancaster.

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.]
HARRISON (Isabella), wife of the Ven. B. Harrison, Arch-
1007. Reduced Three per Cents.
deacon of Maidstone.
Claimant, said Isabella Harrison.
HAYES (Charles), Windsor. Esq.: and ABDY (C. B.). of
Theydon Garnon. Essex. 9627. 15s. 7d. New Three per Cents.
Claimant, Sir T. V. Abdy, Bart., administrator of Rev. C. B.
Abdy, the survivor.

PACKHAM (J E.), Brompton, near Chatham, Kent, gentleman;
CLIFTON (Mary Jane), Codrington-place. Clifton, Glon-
a minor,
widow; and CLIFTON (F. C.).
cestershire.
Claimants, said J. E.
1451. 38. 8d. Three per Cent. Consols
Packham, M. J Clifton, and F. C. Clifton.
POTTICARY (Mary), Upper Baker-street, spinster; CHAPMAN
(Edwin), Devonshire-place. Haverstock-hill, dissenting
minister; and SoWTON (James). of Great James-street.
Dividends on 9237. 88. 7d. New
Bedford-row, solicitor.

Three per Cents. Claimant, Mary Potticary.
SAUNDER (W. D). Baker-street. Portman-square. Esq., and
SILVER (Catherine E. S.), Silchester-road. Notting-hill,
spinster. 1034 158 Gd. New Three per Cents. Claimants,
said W. D. Saunder and C. E. S. Silver.

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.The sittings of the Judicial Committee will be resumed on the 3rd proximo. There are three cases for judgment, and a number of Indian appeals for hearing.

SCOTCH LEGAL BUSINESS.-At the Renfrewshire

DEAR (James), Hornsey-lane, Highgate, Middlesex. gentle
man. March 1: Davidson, Carr, and Bannister, solicitors,
22. Basinghall-street, London.
"DIAPER (J. H.), 38, George-street, Hampstead-road, Mid-county dinner, held in Glasgow recently, the
dlesex, gentleman. Feb. 28; J. P. Wallis, solicitor, 3, Thanet-

place, Temple-bar, London.

DUDMAN (W. J T), 120, New-cross-road, Deptford, Surrey, shipbuilder. May 1; S. Heath, solicitor, 10, Basinghallstreet. London.

man.

ELLIS (Robt.). 1, Walton-place, Chelsea, Middlesex, gentle-
March 1; Kimber and Ellis, solicitors, Gresham-
house. Old Broad-street. London.
FFOLKES (W. J ), Inland Revenue-office, Somerset-house, and

164, Marylebone-road, Middlesex. March 25; Frere, Chol-
meley, and Forster, solicitors, 26, Lincoln's-inn-fields,

London.

FLEXNEY (Alexander), 27, Paynton-street, Poplar, Middlesex, sail-maker. Feb. 8: Noon and Davies, solicitors, 25, New Broad-street, London.

FRASER (WI). Devizes, tailor and draper. Feb. 17; Meek,

Jackson, and Lush, solicitors, Devizes.

GUNTON (Thos.), 38. Thomas-street. Southwark, Surrey, gentleman. Feb. 29; Slee, Middleton, and Ovans, solicitors, Southwark.

Sheriff of Lanarkshire (Mr. Henry Glassford Bell)

to

found occasion to make some remarks as the complaints which have been made regarding Court of Session procedure. He did not say that reform was not required in the court, but he contended that one great cause of the falling off in its business had not been alluded to. Within the last forty years the local courts had risen into importance and had gained the confidence of the country, and the consequence was that people now confined their business in a great measure to those courts instead of taking it to the Court of Session. The new cases introduced into the Court of Session from all Scotland for the last two or three years had averaged about 1126, while in the Sheriff Court of Glasgow alone for the last year the new cases numbered 1286. being 160 more than a year's average in the Court of Session from the whole of Scotland. Of these 1286 only 17 were intimated as advocated to the Court of Session. Since he himself became sheriff of Lanarkshire, in June last, he had issued 400 judgments, and of these he understood only ten had been advocated to the Court of Session. Nor was the business in the local courts petty business. It embraced questions of the greatest commercial importance-shipping questions, questions of contract, questions between master and JOHNSTONE (Rev. R. A.). Ingrave Rectory, Essex. March servant, questions of damages of the most extensive and serious description.

HANKEY (Arthur). 96, Eaton-square, Middlesex, Esq. Feb. 28: Bircham and Co, solicitors, 60, Threadneedle-street,

London

HARRIS (G. F.), 19. Torrington-square, Middlesex, Esq. Feb.
20: J. Harris. solicitor. Bishopsgate-churchyard, London.
HOPE (A. W.), 3, King-street, St. James's. Westminster, Mid-
dlesex, a Lieutenant-General in the Royal Artillery. March
1: Venning. Robins, and Venning, solicitors, 9, Tokenhouse-
yard, London.

HUNTER (J. L.). Mansfield, Notts, gentleman. March 21;
Burton and Son. solicitors St. James's-street. Nottingham.
JOHNSON (Rev. Arthur), 36, Canonbury-square. Islington.
March 2: Makinson and Carpenter, solicitors, 3, Elm-
court, Temple, London.

JOHNSON (Maria), 56, Devonshire-street, Portland-place, St.
Marylebone. Middlesex, widow. Feb. 20; W. H. Waller,
solicitor, 2, Duke-street, Adelphi, London.

25: Frere, Cholmeley, and Forster, solicitors, 28, Lincoln's-
inn-fields, London.

KENWARD (John), Uckfield. Sussex, farmer and hop-mer-
chant. March 2: H. J. Jones, solicitor, Lewes, Sussex.
LAMING (James). Birchington, Kent. Esq. Feb. 10; W. Evans,
solicitor, 72, Coleman-street, London.
MEGGY (George), Chelmsford, Essex, newspaper proprietor
and publisher. March 5; A. Meggy, solicitor, Chelmsford.
MEWBURN (Francis), Darlington, Durham, gentleman. March
1; Hutchinson and Lucas, solicitors, Darlington.
MOORHOUSE (Joseph), Southwell, Notts, publican. April 17;
Stenton and Townsend, solicitors, Southwell, Notts.
PAIN (Philip). Boughton-house, Weekley, Northants, land
agent March 24; Nicholl Burnett and Newman, solicitors,
8. Howard-street. Strand, London.
PANES (Joseph), 7. Hanover-street, Islington, Middlesex,
gentleman. Feb 24; Nash, Field, and Layton, solicitors,
2, Suffolk-lane, Cannon-street, London.
PARK (Archibald), Stone, next Gravesend, Kent, a Colonel
in the East India Company's service. Feb. 29; H. C.
Brydone, solicitor, Petworth, Sussex.

PARKER (Walter). Thrapston, Northants, and Biggleswade,
Beds, builder and contractor. March 31: Palmer. Eland,

THE BENCH AND THE BAR.

CALLS TO THE BAR.
The undermentioned gentlemen have been called
to the degree of Barrister-at-Law.

Lincoln's-inn.-The Hon. Charles Arthur Ellis,
Oxford; Marcus Trevelyan Martin, Esq., LL.B.,
Cambridge; William Cole Pendarves, Esq.. B.A.,
Oxford; Edward Denison, Esq., M.A., Oxford;
Edward Wilkinson, Esq., B.A., Oxford; William
Hilary Baliol de Molines, Esq., B.A., Oxford;
Archibald John Mackey, Esq., B.A., Cambridge;

and Nettleship, solicitors, 4, Trafalgar-square, Charing- Esq., of Sheffield; and Job Bradford, jun., Esq.,

cross. London PENSON (Charlotte B.), Whitefriars, Chester, widow. Feb. 11: W. and H. T. Brown, solicitors. Chester.

PERRY (Samuel), Highfield-road, Edgbaston, near Birming

ham, gentleman. Feb. 25; H. A. Holden, solicitor, 171, Temple-row, Birmingham. PLANK (W.), Harrow-on-the-Hill, Middlesex, Esq. March 10: Holt and Son, solicitors, 93, Guildford-street, London. PLUMPTON (James). Low-hill-house, Liverpool, Esq. March 14; Jenkins and Rae, solicitors, 44, Castle-street, Liverpool.

LL.B., London.

Felix Poulin, Esq., B.A., Licentiate-in-Law, Paris;
Archer Antony Clive, Esq., M.A., Oxford: Wilham
Berkeley Monck, Esq., B. A., Oxford; James William
Walker, Esq., LL.B., Cambridge: Robert Heary
Meyricke, Esq., B.A., Cambridge: Edward Vickers,
Prideaux Selby, Es,
Esq., B. A., Cambridge; Oswald Innes Steele, Esq
B.A., Oxford; Beauchamp
B.A., Cambridge; Heury Edgar Prest, Esq.; Gasper
Gregory, Esq.; Herbert Henry Swift, Esq. M.A
Cambridge; William Mills. Esq., B.A., Cambridge:
Edwin Henry Johnson, Esq.; and Walter Vere
Vaughan Williams, Esq., Oxford.

Middle Temple. Lindsey Middleton Aspland, M.A., LL.D. of the University of London, Fellow of University College, holder of a Certificate d Honour awarded by the Council of Legal Educatie, Michaelmas Term, 1865, Esq.; Henry David Greene, B.A.. LL.B., of Trinity College, Cambridge. Es, the Hon. Walter John Bethel, B.A. of Balliol College, Oxford: Hubert Thomas Knox, Esq.: Robert Caswell. B.A.. of Trinity Hall, Cambridge, E; of Pembroke Colle William Millwood, B.A., Oxford, Esq.; Robert Frank Stone, Esq.; Nicholas Flood Davin, Esq.; and John Timbrell Pierce. Ex Gray's-inn.-Croft Worgan Dew, of Jesus College, Cambridge, M.A., Esq.

SKETCHES IN COURT, BY A TEMPLAR (From Echoes from the Clubs.) I.-THE COURT OF QUEEN'S BENCH. The Cyclopes were a gigantic race, having bet one eve. Janus had two faces. Had Janus been ce of the Cyclopes, having a single eye in each face, is would fitly typify the court which sits in bones Regine.

At the opening of my first sketch, let me confess to an instinctive respect and veneration for ludship As I gaze from my humble back bench upon its embodiment, now in black fringed and relieved with ermine, and now in the scarlet of court festivals, my instincts grow stronger in favour of everything attaching to ludship. "May it please your ludstips." That means a guinea, if not two; and I am por. Should I not venerate gentlemen an address to whom means a guinea, if not two?

"May it please your ludships," says a lean yOTE man, with a short name, who wants a mandoms to issue against some unhappy archdeacon. The Cyl There is a magnifier pean Janus regardeth him. upon the eye of each face, and the lean young man smiles. There is also a smile about the lips of one face and a glimmer of kind encouragement through the magnifier. The other face assumes the aspect of an avalanche-plenty of sun in the sky, ample serenity of capacious brow, yet the avalanche moves and mutters. The spare advocate smiles in reor nition of the expression upon the one face, and reflects whether it will be possible to swallow the avalanche when it comes froin the other.

Spare Advocate.-I move, mi luds, for a rale absolute in the first instance for a mandamas to issue against the Archdeacon

First Face.-Yon move for a mandSecond Face.-But Lord Coke says thatFirst Face.-Damus calling uponSecond Face. An archdeacon is a privileged person, and cites the Year-books to prove that a damus cannot issue without the permission of the Primate. You must establish a contrary proposition and I don't think you stand much chance against Coke; but that only in passing-before you ask the court

First Face.-Go on, Mr. Jinks, go on. Mr. Jinks.-May it please your ludships. Second Face.-You have said that before, and I don't think you will improve your case by saying it again. You may find authority for it; but if my First Face.-You move. Mr. Jinks. memory serves me, you will not. Mr. Jinks. If your ludships please. Second Face. That is only another form of expression, Mr. Jinks, and unless you can cite some alteration in point of form makes good a thing which authority in support of the proposition that s is bad ab initio, I don't think I may be wrong, t as at present advised I think I am right-In think you will succeed in convincing the court that you ought to have a rule. First Face.-If I understand youMr. Jinks. Yes, mi lud, against the Archdeacon of Piccadilly.

Second Face.-Excuse me, Mr. Jinks, but I was not aware that there was such a person as an Archdeacon of Piccadilly. Lord Thurlow certainly, in one of his judgments, which I think you will find in the third volume of the

You

Mr. Jinks. I beg your ludship's pardon; I should have said the Archdeacon of Birmingham. Second Face.-That of course makes a difference. James Marshall, Esq., M.A., Oxford; John Dixon, but I doubt whether you have any right at comarca law to correct yourself in that manner. moved against the Archdeacon of Piccadilly, and Inner Temple.-Henry Kirk, Esq., M.A., B C.L., I think you will find a case in Chitty's Practice Oxford; Arthur Thomas Pyne, Esq., M.A., Oxford; p. 1720, note b, one line from the bottom, which Richard Entwisle, Esq., B.A., Oxford; John Page that you must apply to a judge at chambers Sowerby, Esq., LL.B., Cambridge; James Fletcher wish to substitute the name of name of another, although used under a mistake. Yearsley, Esq., B.A., Oxford; Paul Frederick Forster, Esq., B.A., Cambridge: Edmund Georges

[blocks in formation]
[ocr errors]

Mr. Jinks.-If your ludship pleases.
Second Face-That is the third time you have
ased that expression without citing any autho-
First Face-Take a rule.

-

Mr. Jinks.-If your ludship pleases.

[ocr errors]

not legal before an order made by the justices under
sect. 7 of 43 Eliz. C. 2: (Reg. v. Ireland, 17 L. T. Rep.
N. S. 466. Q. B.)

TITHE RENTCHARGE-DISTRESS.-The owner of
tithe rentcharge is bound to distrain growing crops
under sect. 81 before he has recourse to proceedings
under sect. 82 against the land: (Heysham v. Heskett,
17 L. T. Rep. N. S. 480. Ex.)

I have now in my picture the prominent feature. There sit the Great Twin Brethren, who fight breast against ingenious sophism and the authority FALSE PRETENCES.-B. knowing that some old rotten decisions. But they have not always a ommon enemy. The battle varies, the foe is never country bank notes had been taken by his uncle anquished; and consequently one sees at times in forty years before, and that the bank had stopped payment, gave them to a man to pass, telling him to dvance, now the glittering rapier of Castor, now say, if asked about them, that he had taken them he battle-axe of Pollux. Castor's rapier has a fine from a man he did not know. The man passed the oint; it is tempered beautifully, and the wrist that notes, and B. obtained the proceeds. It was held, first, fields it is flexible and firm; and the heart behind that he was rightly convicted of obtaining money is large and kind, and the intellect is filled with he flames of poetic imagery, and is rich with the by false pretences; and, second, that the bankruptcy owers of rhetoric. The battle-axe of Pollux is proceedings need not be proved: (Reg. v. Dowey, 17 eavy, the eye that guides it unerring, the arm that. T. Rep. N. S. 481. Cr. Cas. Res) ields it swift and strong. But the charger which MALICIOUS INJURIES TO PROPERTY.-Sect. 32 of rides is impetuous. Frequently it carries its 24 & 25 Vict. c. 32 makes it an indictable offence to aster, as Rosinante carried Don Quixote, against steal, or cut, &c., any tree, underwood, &c., where visible foes. He runs a tilt at sheep, who bleat the value of the articles stolen or injury done shall with mild astonishment; blushing juniors, fresh exceed 5. The value of several trees or injuries om college; and yet not unskilled in punishing done to several trees may be added together to make up the 5., provided the whole damage was part of one continuous transaction: (Reg. v. Shepherd, 17 L. T. Rep. N. S. 482. Cr. Cas. Res.)

argees.

I may pronounce next week whether the rapier Castor or the battle-axe of Pollux is the more 'ficient weapon in the Court of our Lady the Queen.

The Queen has been pleased to appoint Lord gerton Lord Lieutenant of Cheshire in the place of Marquis of Westminster, who has resigned. THE ENGLISH LEGAL CONSULATE AT ALEXANDRIA. The proposal of the Viceroy to abolish the sumary jurisdiction of the consular courts in Egypt. ad to establish instead a general and mixed tribunal, as at the first glance a certain specious and plauble aspect which is apt to mislead those who do not nderstand the conditions under which the new

ystem would be practically worked. His Highness as, no doubt, strong personal reasons for desiring a alteration in the present consutar jurisdiction, as furnishes every one who can detect anything like flaw in any arrangement with the Egyptian Goernment with a ready means of bringing pressure o bear on the authorities in support of his claim. t must not be supposed, however, that all these aits are unjust, or that the Viceroy is at all the ort of man to give way, unless there is something be gained by so doing. His Highness is a horough-bred merchant: he has not only no cruples about overreaching all who have dealings with him, but takes a special delight in deception nd intrigue. When a prince sets the example of raft and trickery, it is not to be wondered at if others learn the lesson, but it is not without significance that the most influential firm in this quarter has ste lastly resisted the flatteries and temptations of the court, and adhered to a plain, straightforward line of action. Those who know the character and Policy of the Viceroy must be well aware that no ribunal, the members of which were dependent on im for their nomination, payment, and continuance 1 office, could preserve its independence and integrity, nder the influences to which it would be subjected' o matter what the composition of the court might e at the outset, in a short time it would become uite unfit to administer justice. Even if (as is romised) the majority of the judges were Europeans, e Linority of natives would be sufficient to throw stice off the balance and to thwart the honest tentions of the others. "Justice" in Egypt among e Viceroy's subjects is mere merchandise, to be ught by the highest bidder, and the value of it is asured by the social position of the seller. "Law" simply the will of "Efendina" (his Highness), and be to any one who by any scruple or conscientious ling (though that is very little known among Lere) dares to oppose that law. An employé the Viceroy, no matter what his office or rank, st bend to the will of the master; and it is as ch as he dare risk to give an opinion of his own. honest man is discarded as soon as he shows the st symptoms of becoming intractable, and is all ruined socially and pecuniarily. His Highness self has been heard to say many times, "I have ver as yet in my country succeeded in finding esty combined with intelligence."- Pall-Mall

Bette.

MAGISTRATE AND PARISH
LAWYER.

TE-The corrent Law under this department is noted by
W. SAUNDERS, Esq., Barrister-at-Law, Author of "The
actice of Magistrates' Courts," &c.]

NOTES OF NEW DECISIONS. UALIFICATION OF TOWN COUNCILLOR.-A town ncillor is not disqualified because his father, not ding with him, has received parochial relief. It = intimated that the case would be the same even The father did reside with the son, as he would be a member of the son's family within the ning of sect. 56. It was held also, that the gation to maintain a parent is moral only, and

CLAIMS AGAINST THE HUNDRED FOR
THE CLERKENWELL OUTRAGE.
A special meeting of magistrates was held to hear
the cases of compensation for damage done by the
explosion at the House of Detention, Clerkenwell.
The following magistrates were present:-Sir W.
H. Bodkin, Mr. Kemshead, Mr. G. Northall Laurie,
Mr. J. S. Brooking, Mr. Serjeant Payne, Sir John
Thwaites, Captain Morley, Mr. Marshall, Mr. Hughes
Hughes, jun., Mr. Baxter, Dr. Jervis, Mr. Healey,
Major Lyon, Mr. Stanford, Mr. H. Harwood, Mr.
J. B. Chapman, Mr. Harvey Lewis, M.P., Mr. |
Wadeson, Mr. Woodward, Mr. Parbury, Mr. J. F.
Pownall, Mr. G. Ashley Dodd, Mr. Falconer, Mr.
John Bentley, Mr. H. G. White, Mr. E. W. Cox, Mr.
Dunnington Fletcher, Mr. Reade, Mr. Twentyman,
Mr. Stillwell, Mr. B. H. Adams, Mr. Figgins, Mr.
Tanner, Mr. Alexander, Mr. Warner, Mr. Ballantine,
Mr. Curson, Captain O'Brien, and Mr. W. Bird
(Hammersmith).

Mr. Pownall moved that Sir W. H. Bodkin should
take the chair, and said that the magistrates were
very glad to be assured by Sir William's presence
among them that he had recovered from the effects
of his late accident.

This resolution was seconded by Mr. Kemshead and carried.

Mr. Pownall then stated that they were assembled
as magistrates of the hundred of Ossulston to hear
the cases of claims in respect of the damage done by
the late explosion at the House of Detention, and
moved that Mr. W. Francis be appointed Clerk of
the Court, which was carried.

Poland appeared for the claimants.
Hannen was counsel for the hundred.

It was admitted that all formal proceedings had
been properly taken.

Poland said that the question in the present case was one purely of law. By the 7 & 8 Geo. 4, c. 31, it was provided that if any church, house, or other building was feloniously destroyed by persons riotously assembled, then the hundred should be liable for the damage. The proceedings in this case, it was true, were quiet and concealed until the explosion; but as there were three persons actually concerned in the firing of the barrel, and many more in the plot, he should contend that the previous quiet assembly, coupled with what occurred, was sufficient to constitute a riot, so as to make the hundred liable, as the destruction which followed the explosion was undoubtedly felonious. He also contended that no actual show of violence was necessary before the injury was done. The objects of the Act were, first, the prosecution of the offenders; and, secondly, the compensation of the sufferers. The first had been satisfied, as far as the parties injured were concerned, by their having entered into recognisances to prosecute before Mr. Barker, and they now sought for the second. There was no direct decision on ti e point, but the learned counsel referred to a case quoted in the Crown Circuit Companion, as decided by the Court of King's Bench in 1785, in which an attempt was made to blow down the wall of the Marshalsea Prison, in which the accused were convicted of riot.

Hannen contended that there were not three persons sufficiently near to constitute a riot, as they should have been riotously assembled with the intention of doing the act in order to bring the case within the statute. He cited Hawkins' Pleas of the Crown, chap. 28, p. 512, for the definition of "riotously." He also referred to Chitty's Statutes, vol. 2, p. 705, note b.

Sir W. H. BODKIN said that, in his opinion, there was no case against the hundred, but that the leaning of the court was to give compensation, if they could do so legally. He suggested that actions should be brought in the cases in which the claims

+

exceeded 307, subject to a special case for the opinion of the Court of Q. B., and that the decision in the cases of claims under 301. should be postponed until the first day of Trinity Term (May 22), by which time there would have been opportunity for the special case to be argued.

This course having been agreed to by both sides, the court adjourned.

CONVICTION FOR KEEPING A LOTTERY. - On Tuesday a man named Ibbetson, the landlord of the Corn Exchange Hotel, Briggate, Leeds, and four other men, were captured by the police whilst in the act of drawing the "X. L. Grand National Lottery." Ibbetson was sent to prison for a month, and the other men each for a fortnight.

NEW MAGISTRATES FOR LANCASHIRE. - The names of the following gentlemen have just been placed on the commission of the peace of the county of Lancaster by the Right Hon. Col. Wilson-Patten, Chancellor of the Duchy: Frederick Compton Cavendish, M.P.. of Holkar Hall, Newton-inCartinel, commonly called Lord Frederick Compton Cavendish; William John Atkinson Baldwin, of Dalton-in-Furness; the Hon. Leopold William Powys, of Bewsey Old Hall, near Warrington; Edward Sanderson Kearsley, of the Height, Bolton; William Dickenson, Ouzehead House, Blackburn; Rev. Charles Greenway, clerk, M.A., of Earnsdale House, Over Darwen.

The Vicar of Leamington has raised the question of the liability of a contractor for the use of a churchyard in carrying out work connected with a church. In building the south transept of the parish church a portion of the churchyard is occupied by workmen, and the vicar, who has stood aloof (the work being done under a faculty by a Church Completion Committee). now claims of the contractor 20. for one year's occupation, and has officially notified that he shall proceed against him for the recovery of a fine of 40s. per day so long as he continues to use the churchyard without paying for it while completing the parish church. The singular demand has created some local interest.

THE TRADES' UNION COMMISSION.-The report of Mr. W. Overend, Q.C., Mr. T. I. Barstow, and Mr. George Chance, the examiners appointed under the Trades' Union Commission Act of 1867 to inquire into the outrages asserted to have taken place at Sheffield and elsewhere with the support and conuivance of associations of workmen, has just been issued, together with the evidence taken at Sheffield. The report is addressed by the examiners to the commissioners appointed under the act, and consists of little more than a history of their inquiry.

CRIMINAL PROSECUTIONS.-The Post observes that the entire system on which criminal prosecutions are conducted in this country is faulty in the extreme, and the committal to prison of a young girl who narrowly escaped being murdered is simply a

grotesque illustration of one of the many anomalies of the existing law. Except in grave cases, the task of prosecuting criminals is imposed on private individuals, and the discharge of this duty is provided for by the clumsy expedient of personal recogni. zances. The consequences are that a great hardship is inflicted on unoffending individuals, who are thus compelled to put themselves to great expense and inconvenience in order to vindicate the outraged rights of society. If they attempt-whether from disinclination or from stronger motives-to withdraw from the position into which they are forced, they are heavily mulcted, or, if paupers, are sent to prison. If, however, this system in practice proved tolerably effectual in securing the due administration of justice, we might have little ground for complaint. But such is not the case. It not unfrequently happens that the supposed delinquent finds the means of satisfying a prosecutor or a witness that more is to be gained by absenting himself on the occasion of the trial than by being present, and in such cases justice is openly defeated. The imposition of a recognizance indirectly gives a prosecutor or a witness the option of withdrawing on condition of paying the amount confessed to be due, and if this be done there is no means of punishing the most flagrant contumacy. The system of "binding over" to prosecute or to appear operates badly both as regards the rich and the poor. To the former it opens a door of escape of which they can, if they please, avail themselves; to the latter it proves and instrument of cruel oppression.

THE HOME SECRETARY AND THE CORONERS.Yesterday Dr. Lankester, the Coroner for Central Middlesex, held an inquest at the Bank of England tavern, Cambridge-place, Paddington, relative to the death of a child, the illegitimate son of Ann Wickens, a domestic servant. The jury having been empanelled, the Coroner said the mother was apprehended by the police, taken before a police-magistrate, and remanded till that morning. Since he had been coroner it had always been customary in cases of supposed murder or manslaughter to apply to the Secretary of State to allow such suspected persons to be present before the jury, in order that they might hear the evidence against them. That was the ancient system, and revived in modern times.

library was built in conformity with the plans agreed upon, except so far as they were varied-it was alleged, with the consent of the architect and surveyor of the lessors-the windows in particular not being identical with those delineated in the plans. The defendants having purchased the adjoining land of the lessors, pulled down the buildings thereon, and commenced the erection of offices of a much greater height than the former buildings. They denied any material interference with the access of light and air, and asserted that the plaintiffs were not entitled to the easement claimed by them, as such easement was not granted by their lease. Constructive notice will be applied to the case of a person turning away from information which is before him. Where a lease contains a proviso for re-entry for non-performance of covenants. and a covenant is broken for want of the previous consent of the lessors to alterations, the receipt of rent is a waiver of the forfeiture: Held, that the plaintiffs in changing the situation and increasing the dimensions of the windows of their building had not committed any breach of covenant, and that the defendants had sufficient notice of the existence of the alteration to put them on inquiry. If the acts or acquiescence of the lessors had imposed a servitude upon the premises purchased by the defendants, they could only take what the grantors were able to give, and could not shake off the burden because they had no notice of it: (Miles v. Tobin, 17 L. T. Rep. N. S. 432. L. C.)

LAW STUDENT'S JOURNAL

after the introduction of stipendiary magistrates and justices of the peace. He had accordingly applied to Mr. Gathorne Hardy, the Home Secretary, to have Ann Wickens brought before the Court on the present occasion, but had met with a refusal, although his application was sent on one of the printed forms which he possessed. He would read the letter he had received:-"Whitehall, Jan. 20, 1868. Sir, I am directed by Mr. Secretary Hardy to acquaint you that his attention has been called to the practice which he understands has prevailed for some years of producing before coroners' juries persons in custody of the metropolitan police on charges of murder and manslaughter. It appears that in cases of this kind the coroner makes an application to the Secretary of State to authorise the person charged to be brought before the inquest (which is always fixed for the day on which the prisoner is to be taken before the police-magistrate for further examination) on his way to or from the police court. Seeing, however, that the Secretary of State has no legal authority to give any such orders, and that he, therefore, in every such case steps beyond the law, he is of opinion that the practice in question, which exists only in the metropolitan police district, cannot properly be continued. I am directed, therefore, on general grounds, and without reference to any special case, to intimate to you that after this date Mr. Hardy will not feel it to be his duty to give any instructions to the metropolitan police for the production of prisoners at coroners' inquests. I am, Sir, your obedient servant, JAMES FERGUSSON. E. Lankester, Esq., Coroner's-office, Great Marlborough-street." The Coroner said that it remained now to be seen whether Mr. Hardy was right or wrong. He felt that there was an intention on the part of the present Government of the country to withhold a prisoner under the hands of the police from coming before a Coroner's court, which afforded special opportunities both to the accused and the jury. He was of opinion that the police and the Coroner's courts clashed with each other, and the sooner a member of Parliament should bring this case under the con-plete it? sideration of the Legislature the better, as the matter then would be settled. The jury expressed their extreme dissatisfaction at the letter read, and, after some further remarks by the Coroner, they viewed the body. The evidence showed that Ann Wickens was the mother of the child; and Mr. John Guy Westmacott, divisional police surgeon, who had made a post mortem examination, said it had died from neglect. The Coroner said that in order to establish a case of wilful murder, according to the present law, a great deal was wanting, no matter what the intention of the mother might be. The law wanted alteration, for judges and juries were in a difficulty, as "death" wasthe punishment, and every loophole was forced in order to prevent such a termination. In every case where a woman was pregnant she should report the same, and in cases of wilful murder a lighter punishment should be awarded. The attention of the Legislature should be called to this, and when punishments short of death were administered, the numerous exposed and murdered children would be found very much less in number. The jury having spoken on the inade-of quacy of the law in such cases, a verdict was returned, "That the deceased died from neglect and

want of skilled attendance; and that there was not sufficient to show that the child had been wilfully murdered. They, however, were of opinion that the mother was guilty of the concealment of the birth." The above verdict was directed to be forwarded to

the police-magistrate of the district, and the proceedings closed.

QUESTIONS FOR THE INTERMEDIATE
EXAMINATION.
HILARY TERM, 1868.

1 to 5. Preliminary.

II. From Chitty on Contracts.

6. What are the requisites to a deed? 7. What is a sufficient delivery of a deed to com

8. To what contracts is the doctrine of estoppel applicable?

what remedy has either against the other, in equity, in respect to the presentation?

26. If a wife obtain a judicial separation from her husband, under the statute 20 & 21 Vict. c. 85, in what character is she to be regarded as respects her property? and in case of subsequent cohabitation, what in the absence of agreement will be her rights in respect of her property? V. Book-keeping.

27. What are the necessary books for a merchant to keep, in order to record his business transactions by single entry?

28. B. sells goods to A. for 1007.. and obtains A.'s acceptance at three months for the amount, he then discounts the bill at his banker's; give the entries, with dates, that B. must make in his books, and show the transaction.

29. What is the meaning of the term "Capital "in a business; give an example of a capital account?

30. State the difference between bills payable and bills receivable, and show how they should be respectively entered in a merchant's book at the annual stocktaking.

32. Give an example of a Profit and Loss account

UNIVERSITY OF LONDON, 1868.
The following are lists of Candidates who passed
the respective examinations indicated:-

FIRST LL.B. EXAMINATION.
Pass Examination.
First Division.-Macloskie, Rev. George, M. A.
Queen's, Queen's College, Belfast; Medcalf, Frederic
Thomas, private study; Pearless, James Richardson,
private study; Warmington, Cornelius Marshall,
University College.

Second Division.-Cooper, Charles James, private study; Gard, William Snowdon, University College; Grece, Clair James, private study; Home, Samuel, University College; Jardine, Robert, B.A., private study; Roberts, David Thomas, Queen's College, Liverpool; Rooke, Arthur William, private study. Examination for Honours.

bition), private study: Macloskie, Rev. George First Class.-Medcalf, Frederic Thomas (Exhi Queen's College, Belfast; Pearless, James Richardson, private study. Second Class.-Warmington, Cornelius Marshall, ques-University College. Third Class.-Gard, William Snowdon, University College.

9. What is the distinction between good and valuable consideration in cases of deeds or grants? 10. Is the giving up a suit brought to try a tion respecting which the law is doubtful, a good consideration to support a simple contract?"

11. Is a moral obligation to pay a demand sufficient consideration to support a simple contract? 12. Can the terms of a bill of exchange be contradicted or varied by parol evidence? III. From Williams on the Principles of the Law of Real Property.

13. Can a lease of a house be granted by parol, or by writing, not under seal for two years at a rack rent, and does it make any difference if a premium be taken in lieu of half the rack rent?

14. Can a freehold estate, vested in a married woman, be sold and conveyed to a purchaser, and if so, how?

15. A., B., and C. die intestate, each seised in fee A. leaves two daughters of age, a freehold estate. and an infant son; B. leaves two sons and a wife; C. leaves three daughters. What interest do the several children of A., B., and C., and the wife of B. take in their respective freehold estates?

16. How may a will be revoked?

17. If A. mortgage his freehold estate to B. in fee, to secure 5000l., and B. dies intestate after the day fixed for repayment of the money, leaving C. his heir at law, and D. administrator to his personal estate, in whom does B.'s interest in the mortgaged estate, and the 50007., vest?

18. Can a rentcharge be created by a writing not

REAL PROPERTY LAWYER AND under seal, or by a will?

CONVEYANCER

NOTES OF NEW DECISIONS. MORTGAGE-PRIORITY-DETAINER OF TITLEDEEDS.-B., paying off his mortgage, received from the mortgagee his title-deeds, but not a deed assigning to the mortgagee the legal estate in the mortgaged property, which was detained on the ground that it included other property besides that contained in the title-deeds, over which he claimed a further charge. The mortgagor was held to be entitled to the reconveyance of the legal estate in the mortgaged property: (Young v. The Whitchurch and Ellesmere Banking Company, 17 L. T. Rep. N. S. 406. V.C. S.)

EASEMENT LESSOR AND LESSEE-CONSTRUCTIVE NOTICE-Bill by the trustees of a public library for an injunction to restrain interference with the access of light and air to that building, by offices in course of erection by an insurance company. The library was erected on land demised to plaintiffs for a term of ninety-nine years, the lease containing a covenant that the lessees should not at any time during the term, without the consent in writing of the lessors, make any alteration whatsoever in the general form or arrangement of the building so to be erected, or any other alteration by which the value of the same should be depreciated. The

[blocks in formation]

22. For what reason is a purchaser from an executor of the personal property of a testator, though such property may, while in the hands of the executor, be affected by a trust, generally valid? and will such purchase in any, and what, case be set aside?

23. State the rule of law as between debtor and creditor, as to the appropriation of payments made by the former to the latter; and what appropriation does the law imply in the absence of any express act on the part of either debtor or creditor?

24. Explain the distinction between champerty and maintenance; will the court as a general rule uphold assignments which involve either; and what, if any, are the exceptions to the rule?

25. Where an advowson is mortgaged, and the living becomes vacant prior to foreclosure, is the mortgagor or the mortgagee entitled to present, and

GENTLEMEN WHO PASSED THE FINAL EXAMINATION. Alexander, Henry Robert Tayler, B. A.-Articled to G. Hilary Term, 1868.

Lake

Alston, Edward Henry Freeborn-T. H. Rackham
Barker, John-T. Haigh

Beale, Charles Gabriel, B. A.-W. J. Beale

Beattie, George-J. P. Wood

Beor, Richard White, jun.-R. W. Beor
Berry, Robert Potter-A. H. Owen
Bowey, Francis Marshall-J. McRae; W. Moore
Bowker, Henry John Wyatt - J. B. Bowker
Brown, George Samuel, B. A-G. Brown
Chamberlain, Herbert-P. H. Lawrence
Chidley, Thomas James-F. Dollman
Child, John-H. Child
Clark, Walter Child-A. T. Squarey
Cobbett, William-R. B. B. Cobbett
Cooke, James Bradley-G. Cooke
Cork, Joseph Wellington-H. M. Richardson
Dawson, Christopher Wilson-J. B. Edge
Culshaw, James Blundell H. Rodgers
Dixon, William-W. O. Sandys; D. Evans
Dunn, Nathaniel, jun.-H. Ingledew
Ellen, William Norton-J. Johnston
England, Philip Joseph-H. Walker

Frankland, William John-J. Hunter
George, Henry Tizard-J. Tizard
Gillespie, Richard William-S. Wilkinson, jun.
Glascodine, Edward John-H. Morris; R. A. Essery
Godwin, Henry Lancelot Walter-H. Harris
Graff, Henry James-E. Futvoye; J. Flower
Greenwell, James Hugo Christopher-F. S. Clarkson
Harris, Walter Noel-M. Huish
Hawkins, Edwin-E. Hillman
Howell, Charles Edward-E. Jones

Humphreys, Edward-J. L. Grover
Huntington, Edward Chesshyre-R. Tyas; A. Jones

James, Robert Lloyd-T. Morgan
Kelly, James, jun.-F. Brown; J. P. Taylor
Jarrett, William Joseph J. Parkinson
Keighley, George Walter-J. Tilleard
Large, Robert Emmott J. J. Blandy; T. Rawle
Longbourne, Charles Ranken Vickerman-J. V. Long-
bourne

Marten, Peter Loubert-L. Creery
Mercer, William Frederick-F. H. Hallett

Milne, Joseph Farmer-H. Wheeler; H. D. Pritchard
Milnes, John Jessop-J. Bottomley, jun.
Morris, William Hughes-E. F. Burton

Percival, Peter-D. Boote
Postlethwaite, Joseph Rickman-B. W. Powys
Powell, Alfred-W. Vizard
Rackham, William Simon, jun.-J. B Coaks
Rees. David-A. H. Wansey
Ramsay, Patrick James, B. A.-L. H. E. Gill

Robinson, Charles Frederic-G. L. Robinson

Robinson, Henry John-A. I. Robinson
Sanders, Duncan Collet-A. Whyley
Sayer, Alfred Leighton-P. Johnston; E. W. Field

Scorer, Charles-A. B. Burton
Sherry, Henry Sacheverel-J. Wickens

Singleton, Edwin-E. C. Bell
Streeter, John Soper, jun.-H. Richards
Sutton, Stephen Bidgood-E Whitley

Sydney, Frederic Charles-A. E. Sydney

Teesdale, Marmaduke John-J. M. Teesdale
Tilson, William Thomas-J. Knowles

Underwood, Arthur Griffitz-A. O. Underwood
Waghorn, John-E. Hughes

Ward, James Charles-W. Walker

White, Frederick Bertram-W. Vizard; A. Anstie
Wilson, Charles Eustace-C. Wilson

Wood, Christopher-W. Rothery, jun.; C. Waddilove

COUNTY COURTS.

NOTES OF NEW DECISIONS. APPEAL-TIME WITHIN WHICH TO GIVE SECURITY. -By sect. 14 of the 13 & 14 Vict. c. 61, an appellant in a County Court appeal must, within ten days after the determination, give notice of such appeal to the other side, and also give security to be approved by the clerk of the court (registrar) for the costs of the appeal; and by the County Court rules, framed by the judges under the authority of a subsequent statute (rule 134) it is directed that in all cases where the party purposes giving a bond by way of security, he shall serve on the opposite party and the registrar notice of the proposed sureties, and the registrar is forthwith to give notice to both parties of the day and hour on which he proposes that the bond shall be executed, and shall state in the notice to the obligee, that should he have any valid objection to the sureties, it must then be made: Held, that if the appellant give his notices and tender his sureties within such ten days, and such sureties are afterwards accepted, he will have complied with the provisions of the statute and rules although the security be not in fact entered into until after the expiration of such ten days, provided the delay be not occasioned by his own default: (Waterton v. Baker, 17 L. T. Rep. N. S. 468. Q. B.)

SUDBURY COUNTY COURT.
BURTON . FILER.

Action under the new Act for malicious prosecution-
No jurisdiction-Important point.

both necessary for parties to sign before the County Court could adjudicate in a case of this kind. Mumford said it seemed rather an anomaly that the court should have original jurisdiction in a case of false imprisonment but not in one of malicious prosecution.

After some further discussion,

His HONOUR said the objection taken by Mr. Cardinall was fatal, and the case must be struck out. Cardinall applied for costs.

The Judge said the Act provided that in dismissing a case, the court had power to grant costs. Mumford said the power was discretionary, and he hoped his Honour would not exercise it in this case. Cardinall thought it was a case in which costs ought to be granted, as the plaintiff ought to have made himself acquainted with the Act before he brought the action. Case struck out; costs allowed.

[blocks in formation]

In this case C. Egan (counsel for the plaintiff) said he was instructed to ask his Honour to fix a day for the hearing of this cause. The plaint was served in August last; the defendant had given notice of his objection to have the cause tried in Warwick, and indeed seemed indisposed to have it tried elsewhere; for although nearly six months had elapsed no step had been taken on defendant's part to speed the cause. He (Egan) did not deny the defendant's right to give "notice of objection," under stat. 19 & 20 Vict. c. 108; but he did deny his claim to delay the cause by merely giving notice of objection under that Act. The words contained in the bond given on behalf of the defendant are "security for the amount claimed, and costs of trial in one of the Superior Courts," which words indicate that the notice of objection is not to prove This was an action, brought under the new Act, honest undertaking to remove the cause to a higher a subterfuge for delay, but equivalent to for damage for malicious prosecution. Mumford appeared for the plaintiff. Cardinall, of Halstead, for the defendant. This action arose out of a case heard before the Sudbury magistrates in November last, the plaintiff having been apprehended on a warrant signed by Mr. Bridgman on the oath of the present defendant, who stated that the plaintiff had threatened to do for him, and made use of other violent expressions respecting him. There appeared to be nothing in the case, and the magistrates dismissed it. Hence the present action against the defendant for malicious prosecution. A declaration having been submitted to the judge by the plaintiff,

His HONOUR said he hardly thought they had come to declarations, though they had come to malicious prosecutions. He was about to read the document, when

Cardinall submitted that the court had no jurisdiction in a case of this kind unless there was an agreement between both parties that it should be tried by his Honour. He referred the judge to sect. 10 of the Act, which provided that cases of this kind might be tried in the County Court, but it was necessary that a memorandum of agreement should be signed by both parties.

His HONOUR, having read the section, said the question raised by Mr. Cardinall was a most important one, and he was glad that his attention had been called to it. He certainly was under the impression that the County Court had original jurisdiction in these cases, and he must take blame to himself for not having read the Act more carefully. Could Mr. Mumford refer him to any clause which gave the court original jurisdiction in cases of malicious prosecution?

Mumford said there was no clause that gave the court original jurisdiction in so many words, but if sections one and five were read together he thought they would imply the possession of such power. The judge thought not. He repeated that until his attention was called to the point by Mr. Cardinall he was under the impression that the Court had original jurisdiction in cases like the present. He did not like to think that the court had such power, for the chance of obtaining a sovereign for a shilling would induce parties to bring actions for every idle word, and a multiplicity of cases would be brought before them on the most trivial grounds. Upon the slightest pretext there would be actions for slander and actions for libel against county papers for articles contained in them and for reports of petty sessions, which would be a most undesirable state of things, and he was glad that the Legislature had put an obstacle in the way of these trifling actions by withholding original jurisdiction from the County Court unless both parties agreed that the case should be tried there. The objection raised by Mr. Cardinall was certainly an awkward one, and he did not see how Mr. Mumford could get over it. Cardinall, in order to show that his reading of the section was correct, said that in the rules his Honour would find the form of agreement which it was

an

court. During a recent application in the Court of Queen's Bench, respecting the removal of a cause from an inferior to a Superior Court, Judge Blackburn justly observed that, if a suitor makes a vexatious use of his privileges, so as to work injustice, the court will exercise its authority to check him In the present case the right had been abused, and he doubted not his Honour would discountenance it. Notwithstanding the delay which had occurred, there was no desire to act precipitately towards the defendant, and by his Honour naming a day for the hearing of the case, an opportunity would be afforded the defendant in the interim of removing the cause to a Superior Court by obtaining a certiorari, or of demurring to the jurisdiction of this court. If the defendant adopted the latter course, his Honour could then deal with the case under a wholesome provision of the new County Courts Act, the discussion of which he deferred until the day fixed for more fully hearing the

matter.

His HONOUR, after referring to the plaint and pleadings, adjourned the case until the next court day, and ordered a notice to be served on the defendant's attorney, that any objections adduceable to the cause being tried in that court would then be heard. Costs reserved.

THE NEW COUNTY COURT ACT.
MEETING OF THE JUNIOR BAR.

A very large meeting assembled at the Lord Chancellor's Court on Monday evening in response to a circular letter of invitation which had been issued. That letter invited the members of the Bar "to consider what steps should be taken for the purpose of obtaining a more convenient arrangement than at present exists, for the hearing, in the County Courts, of causes in which Counsel are engaged."

The leaders of the movement present were Mr. Wickens (chairman), Mr. Charles Hall, and Mr. Roupell, of the Equity Bar; Mr. Hannen, Mr. Watkin Williams and Mr. Henry James, of the Common Law Bar.

The Chairman very briefly stated that the object of the meeting was to consider what course it would be best to pursue in view of the largely extended jurisdiction recently conferred upon the County Courts. He now purposely refrained from going into details, but it was clear that the judges of the County Courts would be required to decide important points of law and equity, and to do that satisfactorily they would require the assistance of counsel. And moreover suitors would probably desire, and they would be entitled to have, the services of trained advocates. This being so, it was desirable to know the opinion of the Bar respecting the arrangements to be made for the attendance of counsel. Consequently his friend Mr. Hannen and himself had convened the present meeting, and now invited discussion of the resolutions.

Mr. Charles Hall very briefly proposed the first resolution. which was as follows:

"That it is desirable that steps should be taken to obtain a more convenient arrangement than at present exists, for the hearing, in the County Courts, of Causes in which Counsel are engaged."

Mr. Watkin Williams seconded this, and remarked that the object of this meeting was not to alter the rules of the Bar or establish a new system of etiquette. But it was plain that the County Courts were now an established institution of the country, and it was essential to their impartial conduct of business and to their ultimate success, that there should be a County Court Bar. By this, he did not mean men set apart for County Court practice-that, he considered, would be a great evil. He would not say that it was contrary to etiquette to go to the County Courts with a view of getting briefs, but it was questionable whether it was wise to do so. What he proposed was that application should be made to the judges by the Bar as a body, with a view to obtain facilities for barristers having business in these courts. For instance, there might be one day set apart for the trial of causes above 201., and another for causes below, without the necessity for counsel cases taking precedence of all other cases. If this arrangement were adopted counsel could attend at given times on given days. The discussion of details should not, in his opinion, take place at public meeting; but any gentleman having any suggestions to make with reference to details might get himself put upon the committee, or communicate to the committee his views.

Upon the resolution being put to the meeting,

Mr. Willoughby said that he objected altogether to the proposition made by Mr. Williams. In the present day young men at the Bar find it far more difficult to get on than they did formerly, and he thought that for the assistance of the junior members of the junior Bar, there should be formed regular County Court Bars, attending in the same manner as the Bar attends at the Lord Mayor's Court and at quarter sessions. He read a letter from Mr. Furner, one of the County Court judges, who had expressed his willingness to contribute his best to drawn up the new rules, in which His Honour the convenience of the Bar, but he hardly thought that a Bar could be formed in all his districts.

He, however, considered that it was a good move on the part of the Bar, particularly as a Bill was to be brought forward next sessions giving bankruptcy exclusively to the County Court, as well as a certain jurisdiction in Admiralty, cases. Mr. Willoughby, therefore, proposed as an amendment, that exclusive County Court Bars should be formed similar to those now in existence at quarter sessions.

No seconder being found, this resolution fell to the ground amidst some merriment.

Mr. Henry James then proposed "That a committee, consisting of the following gentlemen, with power to add to their number, be appointed to confer with the judges of County Courts upon the subject of the first resolution:-Mr. H. T. J. Macnamara, Mr. Montague Bere, Mr. Alfred Wills, Mr. A. G. Marten, Mr. Edward Macnaghten, Hon. Alfred He had no Thesiger, Mr. Charles Crompton." doubt that with very little trouble Mr. Willoughby might be converted and his full approbation obtained for the original suggestion, for his amendment had all the objections and none of the virtues of the present circuit system. He was by no means incliued strictly to adhere to the old circuit rules, because it was quite clear that the tendency of present legislation was to destroy centralisation, and to promote the establishment of local courts. Free trade must soon be introduced into professions, but the supply should come to the demand, not the demand go to the supply. When the nature of the causes tried in the County Court required the attendance of counsel, then counsel would be employed. Until that demand arose, the details of arrangements should be discussed, and that could be done properly only in

committee.

the resolution, "that the committee be instructed to report to a future general meeting of the Bar before any rules are adopted."

After some discussion the addition was made to

With a vote of thanks to the chairman the meeting terminated.

CITY COURTS.-At a meeting of the court of aldermen, held at Guildhall, the Lord Mayor presiding, it was referred to the Privileges Committee, on the motion of Mr. Alderman Copeland, to take into consideration the new County Courts Act, in so far as it affects the commission of Oyer and Terminer and general gaol delivery at the Central Criminal Court, and to report thereon forthwith. The mover explained that the object of the proposed inquiry had reference to the position of Mr. Commissioner Kerr, as judge of the City Sheriffs' Court, now styled the City of London Court, in relation to the Central Criminal Court, at which he had been accustomed to sit as an assistant-judge, the new Act, he said, leaving that a matter of some doubt. Mr. Alderman Wilson, who had seconded the motion for inquiry, said there ought to be a new commission for the Central Criminal Court, there being now only four

« AnteriorContinuar »