« EelmineJätka »
from the time when his last certificate was so court shall be forwarded to the Law Society, in EDWARDS (Frances... Whitchurch, Salop. Jan. 1; E. P. obtained expired, down to the present time, he order that the Law Society may inform them of
Jones, solicitor, Whitchurch, Salop. has not directly or indirectly practised as
ELLWOOD (Henry, 66, Adelaide-road, St. John, Hampstead, whatever it is proper they should know. I am in Middlesex, gentleman. Jan. 31 ; Field and Co., solicitors. attorney or solicitor in his own name, or in the that position of representing exactly what has oc
36, Lincoln's-inn-fieds, W.C. name of any other person, nor has he incurred curred. These people brought it to the notice of
GOODWIN (Geo.) Esq., Scarsdale-place, Buxton, Derby.
Jan. 31; John Taylor, solicitor, Bakewell. any penalty or penalties by practising. He says that the Law Society the day before yesterday, and Goodwix' (Mary), Pictor, Fairfield, Hope, Derby. Jan. 31; his places of abode for the last twelve months have there has been no means of bringing it before your
J. Taylor, solicitor, Bakewell. been at 32, Paulton's Square, Chelsea, and 40,
HALLAM (Samuel J.), Esq.. West-view, Beulah-hill, Nor. Lordships on affidavit, and therefore it is a matter
wood, Surrey. Dec. 30; Bell and Co., solicitors, 9, Bow. Leinster Square, Bayswater. Then he says that in which perhaps you would be pleased to inquire
churchyard, E.C. the paper writing marked B is a true copy of the of Mr. Baron Bramwell about. He tried the cause,
HOOLE (Francis), Sheffield, attorney at law and notary shorthand writer's notes of the evidence of the
public. Jan. 13; Hooles and Tattershall, solicitor, Meeting and the question was raised before him.
House-lane, Sheffield. trial, and he says he was not guilty of the crime HANNEN, J.-By making this a rule nisi, it will HUME (Willerton, S.), 58, Leages-terrace, Newcastle-upon. with which he was charged and subsequently enable the Law Institution to inquire into the
Tyne, miller. March 1; Jos. G. Joel, 21, Market-street, tried, and that in what he did he had the full facts.
MERRETT (Jno.), , Stanley-road, Darnley-road, Hackney, authority so to do from the said Lazarus. He Lush, J.-Making it returnable at chambers. It Middlesex, chemist. Jan. 20; Chipperfield and Sturt, “I adopted the name of Lingdon at would be the better way not to decide it till next
solicitors, 7, Trinity-street, Southwark, S.E.
METCALFE (Ann, 6, Nelson-street, Kingston-upon-Hull. Liverpool in consequence of my pecuniary diffi- term.
Jan. 6; Roberts and Leak, solicitors, 16, Bowlalley-lane, culty, which was my object first to settle before This was agreed to.
Kingston-upon-Hull. meeting the criminal charge, and also on the cer
MORANT (Rev. Henry J.), Knapton Hall, Norfolk, clerk.
Feb. 2; Domville and Co., 6, New-square, Lincoln's-inn, tificate of my brother's arrival from Australia, UNCLAIMED STOCK AND DIVIDENDS IN THE
W.C. who would have clearly proved my innocence
BANK OF ENGLAND.
NEWTON (Matthew), sen., Mount-stroet, Ancoats, Manches. thereof." There is annexed also a copy of the
ter, and Didsbury, Lancaster, cotton spinner, &c. Dec. | Transferred to the Commissioners for the Reduction of the 13: Darbishire and Barker, solicitors, 26, George-street, depositions at the trial at the Old Bailey, and
National Debt, and which will be paid to the persons Manchester. your lordships will see by that it was for forging
respectively, whose names are prefixed to each in three O'DONNELL (Henry J.), 1, Albert-terrace, London-road. mouths, unless other claimants sooner appear.)
Southwark, Surrey, surgeon. Jan. 20; Ohipperfield and an acceptance, and the acceptor Edward Lazarus NEW (Francis Thos.), Esq., Connaught-square, Hyde-park, Sturt, solicitors, 7, Trinity-street, Southwark, S.E. was called and examined.
W., and SMITH (Brooke, Esq., Bristol. 8061. 198. 10d. PALMER Wm.), 11, America quare, Minories, E.C., and s, LUSH, J.-For the prosecution ?
Three per Cent. Annuities. Claimants, said Francis Thos. Park-place, Highbury, Middlesex. Jan. 1; J.P. Poncione,
jun., Solicitor, 33, Moorgate.street, E.C. Huileston.-For the prosecution; and in one ST. AUBYN (Edwd.), Esq., Devonport, and MALTBY (Henry'. PITKIN (Ann), Mursley, Bucks. Jan. 10; Willis and Willis, part of his evidence he said that Mr. Levy had
Esq., Eaton-square, Middlesex. 7:37.158.90. Three per Cent. solicitors, Winslow, Bucks.
Annuities. Claimants, said Edwd. St. Aubyn and Henry not authority, but in a subsequent part he says
PRUCE (James), The George, 234, Kent-street, Borough, Maltby.
Surrey, licensed victualler. Jan. 20; Chipperfield and that he could not say with certainty whether he
Sturt, solicitors, 7, Trinity-street, Southwark, S.E. had ever told the prisoner's brother that the pri
APPOINTMENTS UNDER THE JOINT-STOCK RICKEARD (Simon s.), Tolcarne, St. Columb Minor, Corn
WINDING-UP ACTS. soner might make use of his name.
wall, yeoman. Jan. 11; Thomas Nicholls, solicitor, St. It was never asked him, he could not even say that he had not, JAMAICA COMMERCIAL AGENCY COMPANY (LIMITED).-Credi.
Columb, Cornwall. tors to send in by Jan. 20, 1972, their names and addresses,
SANDERSON (Jane), Pilgrim.street, Newcastle-upon-Tyne, his impression was that he thought he had the and the particulars of their claims, and the names and
grocer and provision dealer. Dec. 30 ; J. G. Joel, 24, power so far as this bill was concerned. He could addresses of their solicitors (if any, to J. Hole, 1, Great
Market-street. Newcastle upon Tyne. not recollect any conversation to that effect.
Scott (Edward, Cromwell-street, Newcastle-upon Tyne.
veterinary surgeon. March , of the said company. July 4, at twelve o'clock, at the he was asked about it now, he should say that he chambers of V.C. B., is the time appointed for hearing and
Market-street, Newcastle-upon-Tyne. believed the prisoner considered that he had
adjudicating upon such claims.
SMITR (William, 16, Torrington-mews, Torrington-square. LONDON SUBURBAN BANK LIMITED).-Creditors to send in
W.C.. cab proprieter. Jan. 5; F. K. Manton, solicitor, 3. authority, and the jury say they consider he by Dec. 20 their names and addresses, and the particulars
Old Fish-street-hill, Queen Victoria-street, E.C. believed he had sufficient authority to use Mr. of their claims, and the names and addresses of their solici.
Vicat (Emily A, Eltham, Kent, spinster. Feb. 1; Robin
son and Co., solicitors, 18, Charterhouse-square, E.C. Lazarus' name.
tors (if any), to A. Good, 7, Poultry, E C., the official liqui-
VICAT (James), Esq., Eltham. Feb. 1; Robinson and Co., Lush, J.-Was any application made against the chambers of V.C. B., is the time appointed for hearing
solicitors, 18, Charterhouse-square, E.C. him at the same time?
and adjudicating upon such claims. Halileston. – No application has been made STEYES AND WEST CORNWALL JUNCTION Railway COMPANY.
Petition for winding-up to be heard Dec. 15, before V.C. M. against Mr. Levy with reference to these matters.
THE BENCH AND THE BAR. There was an application three years ago against CREDITORS UNDER ESTATES IN CHANCERY. him, bat it was discharged. I am not aware of
LAST DAY OF PROOF.
GOVERNMENT AND THE JUDICIAL COMany circumstances at present that can justify it.
ANGUS (Jonathan), 6, Ladbroke-crescent, Notting-hill, Mid- MITTEE OF THE PRIVY COUNCIL. LUSH, J.-No application since he left England ? dl sex, gentleman. Dec. ; J. Fraser, solicitor, 10, Fur. Huileston.-No; the only case raised against CONSTABLE (Sir Thos. A.'c.), Bart, Burton Constable in nival's-inn, E.C. Jan. S; M.R., at eleven o'clock.
TO THE EDITOR OF THE TIMES. him is this question of the forgery to the accept- Holderness, York. Dec. 23; Bell and Stewards, solicitors,
Sir,-Having heard with considerable pain, on ance; upon that he was tried, and upon that he 19, Lincoln's-inn-fields, W.c. Jan. 15; V.C. M., at twelve authority on which I can rely, that an impression was acquitted. He has explained the reasons of
o'clock. his absence, and he has explained that he has paid
EA MONSON Jos. L.), Hessle. York. Dec. 29; C. H. Rad- prevails among the legal profession that my objec.
chife, solicitor, Salisbury. Jan. 9; M. R., at eleven o'clock. tion to the late appointment of Sir Robert Col. the greater part of his liabilities.
PLAVELL Isaac, Northfield, Worcester, farmer. Dec 31; lier, as communicated to Mr. Gladstone, was LUSH. J.--Have the usual notices been given?
Geo. Gem, solicitor, Biriningham. Jan. 12; V.C. M. at
based, inter alia, on an ungenerous disparagement Huildleston.-The usual notices. Late last night | FOSTER Maria J.), The Holme, Regent's-park, N.W. Dec. of the personal merits of the Attorney-General, I the information was received from the Law Insti. 12; Uptons and Co., solicitors, 20, Austinfriars, E.C. Dec. am naturally desirous of removing an impression tution that Mr. Garth would appear, not to show
90; V.C. W. at ten o'clock,
which is the reverse of the truth, and of having cause against the application. It is somewhat ex. ham, saddior. Dec. 20; Wm. Beli, solicitor, Sunderland. the grounds of my objection properly understood. traordinary that it should be made so late
Jan. 13; M. R. at twelve o'clock.
The shortest way of effecting this being the public as last night. These are the foundations upon
GREEN (Richard C., Accrington, Lancaster, oil and tallow
merchant. Dec. 31; Chas. Hall, solicitor, Accrington. cation of the ensuing correspondence, with which which I ask for permission for Mr. Levy to renew Jan. 8; M. R. at eleven o'clock.
otherwise I might not have thought it necessary his certificate. Under ordinary circumstances,
HOMFRAY (Chas. J.), Esq., Down-lodge, Wandsworth,
to trouble the public, I shall be glad if you can your Lordship knows an application of this sort is inn-fields, W.C. Jan. 12; V.C. M, at twelve o'clock. conveniently find room for it in your columns. made at chambers. I thought it should be made Hutrox (Benjamin), Park-street, Grosvenor-square, Mid
I beg to remain, your obedient servant, dlesex, gentleman. Jan. 1; Robson and Herbert, soli. publicly, in consequence of the peculiarity of the
citors, 27, Sackville-street, Piccadilly, W. Jan. 15; M. R.
Dec. 2, 1871.
A. E. COCKBURN. applicant having been charged with a criminal at eleven o'clock.
THE LORD CHIEF JUSTICE TO MR. GLADSTONE. act. There are some cases where there is reason JUBBER (Henry), Esq., Long's Hotel, New Bond-street, W.
“ Court of Queen's Bench, Nov. 10, 1871. to suppose the attorney has been guilty of mis
H. Percy, Cross House, Fulhain, Middlesex. Jan. 5; J.
“Dear Mr. Gladstone,- It is universally beconduct that it is usual to impose a fine. Mr. Levy at twelve o'clock.
lieved that the appointment of Sir Robert Collier meets that by saying that he has neither directly LANE (John W.), Barton Will, Cirencester, farmer and
to the seat in the Court of Common Pleas, vacated por indirectly acted as an attorney during the
miller. Dec. 28; Sewell and Co., solicitors, Cirencester.
by Mr. Justice Montagu Smith, has been made, time.
MOORE ( Elizabeth), How-green, Astley, Warwick. Dec. 28; not with a view to the discharge of the duties of a Garth.-I appear upon the part of the Law
Woodcocks and Co., solicitors, Coventry. Jan. 15; V.C.W. judge of that court but simply to qualify the late
at twelve o'clock. Society merely to call the attention of the court to PARADISE (Benjamin), 283. New Cross-road, Surrey, gentle- Attorney-General for a seat in the Judicial Com. a matter which I have not seen in any other shape man. Dec. 23 : Deacon and Co., solicitors, Paul's Bake- mittee of the Privy Council, under the recent Act
house-court, Doctor's-commons. E.C. Jan. 8; M. R. at than that presented to the public in the shape of a
of the 34 & 35 Vict. c. 91. newspaper report. The matter was raised before PHEYSEY Henry), 19, Princes-square, Middlesex, and 31, “I feel warranted in assuming the general the Law Society themselves, and they took in- King-street, Smithfield, E.C., wine merchant. Jan. 10; belief to which I have referred to be well founded,
Walker and Jerwood, solicitors, 12, Furnival's-inn, E.C. struction, and it was placed before me yesterday Jan. 22; V.C. W. at twelve o'clock.
from the fact that the Lord Chancellor, with a evening. It is a report of a trial at the East RUSSELL Wm.), 3, Cobham-terrace, Greenhithe, Kent, mas- view to contemplated changes in our judicial Croydon Assizes, before Bramwell, B. I am at ter mariner. Jan 1; Parker and Clarke, solicitors, Rec.
system, has, notwithstanding my earnest liberty to mention shortly the facts of the case,
tory-house, St. Michael's-alley, E.C. Jun. 10; V.C.'w, at
monstrance, declined for the last two years to fill and then your Lordships will see why the Law Smith (Geo.), Snaith, York, gentleman, Jan. 1; England up the vacant judgeship in the Court of Queen's Society thought it right that you should be in.
and Son, solicitors, Goole. Jan, 15; Learoyd and Learoyd, Bench. I cannot suppose that the Lord Chan.
solicitors, 11, , E.C. formed of it. If you think it right that further Stevens (James), Hoy Hotel, Margate, Kent, licensed viccellor would fill up the number of the judges of inquiries shall be made with reference to it, they tualler, Jan. 1; A. H. Boys, (solicitor, Margate. Jan 11; the Court of Common Pleas, while to the great in.
V.C. W. at twelve o'clock. shall be made if your Lordships think fit to
SALTZER John). Norwich, Jan. 11; Isaac B. Coaks, solicitor, convenience of the suitors and the public, the postpone this rule. It was an action that was Norwich. Jan 22; V.C. B. at ten o'clock.
number of the judges of the Queen's Bench is kept brought
incomplete. Huddleston. There is no affidavit of this. It CREDITORS UNDER 22 & 23 VICT, c. 35.
“I assume, therefore, that the announcement in seems a very unusual course to adopt. He re- Last day of Claim, and to whom Particulars to be sent. the public papers, which has so startled and ceived due notice, and my friend says he does not AYRES (Chas), Reading, coal and salt merchant. Jan. 20 ;
astounded the legal profession, is true ; and, this appear to oppose.
Jas. Cooper. solicitor, 5, Billiter.street, E.C.
being so, I feel myself called upon, both as the LUSH, J.-In these applications the court is BARKER, Elizabeth G... Pictor Fairtield, Hope, Derby. head of the common law of England, and as a
Jan. 31; John , solicitor, Bakewell. anxious to have information.
BATSON (Stanlake R.), Esq., Horsefeath-lodge, Linton,
member of the Judicial Committee of the Privy Huddleston.—The course will be to adjourn the Cambridge. Dec. 31; Meredith and Co., solicitors, 8, Lin- Council, to beg you, if not too late, to reconsider rule.
any decision that may have been come to in this Garth.-That is the position in which the Law gineer. Jan. 13; J. A. Rose, solicitor, 1, Salisbury-street, matter; or, at all events, to record my emphatic Society stands in the matter. The rule of 1853, Botines clar ), Butt-ash-cottare, Widcombe and Lyn: because a colourable appointment to a judgeship
protest against the course proposed--as a judge, under which an attorney gives notices, is in this
combe, Somerset. Jan. 20; Young and Co., solicitors, 6, form. “ Whereas it is expedient,” &c., &c. (read. Fredericks-place, Old Jewry, E.C.
for the purpose of evading the law appears to me ing] “on discontinuance. Then there is a rule Busi! (Jno.) Esq.,, Clapham, Surrey, surgeon.
most seriously to compromise the dignity of the
Druce and Co., solicitors, 20, Billiter-, E.C. that goes on to say certain notices shall be given. Cudworth Henry, Burnley, Lancaster, commoni brewer. judicial office-as a member of the judicial comThe judges inform themselves, or take steps to Feb. 1; Hendsley and Artindale, solicitors, Burnley. mittee, because, while grave doubts as to the inform themselves by sending this notice. The
DALZELL (Dame Maria), 120, Belgrave-road, Pimlico, Mil'.
legality of the appointment are entertained in judges desire that the notice which is given to the street, Westminster.
many quarters, none seem to exist as to its
grievous impropriety as a mere subterfuge and what possible difference, allow me to ask, can
ment of members of the Judical Committee under evasion of the statute.
there be, in principle, between such an appoint- the Act of last session. “The statute in question, the 34 & 35 Vict. ment as the one I have just referred to, and an “ The appointment of the late Attorney-General c. 91, contains in the first section the following appointment to a judgeship in the Court of Com. to a judgeship, vacated by the appointment of Mr. enactment :
mon Pleas, the duties of which it is not intended Justice Montague Smith to the Judicial Committee, Any person appointed to act under the proshall be discharged, for the sole purpose of creating has been completed, and he will be sworn in to visions of this Act as members of the said Judicial & qualification in a person not otherwise qualified ? | morrow morning. Committee must be specially qualified as follows I cannot refrain from submitting to you that such
“The appointment has been made with a full -that is to say, must at the date of their ap- a proceeding is at once a violation of the spirit of knowledge on my part of the intention of Mr. pointment be, or have been, judges of one of Her the Act of Parliament and a degradation of the Gladstone to recommend him for appointment as Majesty's Superior Courts at Westminster, or a judicial office.
a member of the Judicial Committee under the Act. Chief Justice of the High Court of Judicature, at “I ought to add, that from every member of the “I have thas acted advisedly, and with the con. Fort William in Bengal, or Madras, or Bombay, legal profession with whom I have been brought viction that the arrangement was justified as or of the late Supreme Court of Judicature in into contact in the course of the last few days, I regards both its fitness and its legality. Bengal.'
have met with but one expression of opinion as to * I take upon myself the responsibility of thus Now, the meaning of the Legislature in pass. the proposed step-an opinion, to use the mildest concurring with Mr. Gladstone, and am prepared ing this enactment is plain and unmistakable. It terms I can select, of strong and unqualified con- to vindicate the course pursued. was intended to secure in the constitution of the demnation. Such, I can take upon myself to say, “You will not, I trust, think that I am wanting high appellate tribunal, by, which appeals, many is the unanimous opinion of the profession. I have in respect if I reserve my explanation for a more of them in cases of vast importance, from our never in my time known of so strong or universal suitable opportunity than could be afforded by a Indian possessions as well as from the rest of our an expression, I had almost said explosion, of correspondence with yourself, either directly or colonial empire, are to be finally decided, the ap- opinion.
through the medium of Mr. Gladstone. pointment of persons who had already held judi. “ Under these circumstances, I feel myself justi.
HATHERLEY. cial office as judges of the Superior Courts.fied, as Chief Justice of England, in conveying to “The Right Hon. Sir A. Cockburn, Bart., Lord Whether wisely or unwisely, it plainly was not you what I know to be the opinion of the profes. Chief Justice of England.” intended that the selection might be made from the sion at large, an opinion in which I entirely concur. Bar. It was to be confined to those who were, or I feel it to be a duty, not only to the profession,
THE LORD CHIEF JUSTICE TO THE LORD had been, judges, and who, in the actual and prac. but to the Government itself, to protest-I hope
CHANCELLOR. tical exercise of judicial functions, had acquired before it is too late—against a step-as to the
“ Court of Queen's Bench, Nov. 11, 1871. and given proof of learning, knowledge, experience, legality offwhich I abstain from expressing any
“Dear Lord Chancellor,-I beg to acknowledge and the other qualifications which constitute judi opinion, lest I should be called upon to pronounce the receipt of your note of last night, having recial excellence. No exception in this respect is upon it in my judicial capacity--but the impro- ference to my letter of yesterday's date, addressed made in favour of an Attorney-general or other priety of which, for the reason I have given, is to to Mr. Gladstone. law officer of the Crown, who, however eminent my mind strikingly and painfully apparent.
I am obliged for the information which you and distinguished their position, of course remain “I beg you to believe that I make these obser. are good enough to convey to me, to the effect members of the Bar. Nothing could have been vations in no unfriendly spirit, and from a sense that the appointment of Sir Robert Collier to the easier, had it been intended to make such an of duty only. I should sincerely rejoice at the vacant seat in the Common Pleas, to be followed exception, than to have included the law officers of promotion of an Attorney-General who has filled by his immediate transfer to the Judicial Com. the own among the persons specified as eligible. his high office with dignity and honour; but in the mittee of the Privy Council, has been arranged But the eligibility of the law officers does not even position I occupy I feel I ought not to stand by, with your concurrence and under your advice. appear to have been contemplated by the Govern. and, without observation or objection, allow a You will, I hope, forgive me when I say I have ment. in passing the present Act, a provision judicial appointment to be made, which, from the received this information with mingled sentiments enabling the appointment to the Judicial Com. peculiar circumstances under which it will take of surprise and regret which all the deference due mittee to be made from the Bar, contained in the place, is open to such serious exception, and which, to your opinion does not enable me to overcome. Bill of the previous year, having been I presume as I have abundant reason to believe, will be the I must still retain my views as to the objectionable purposely, omitted from the Bill as introduced in subject of universal condemnation and regret. I character of the proceeding in question. the last session. It is, however, unnecessary to beg to remain, very faithfully yours,
“It was superfluous to say that you should dwell further on this point. No one will be found
**Ă. E. COCKBURN, reserve your explanation for some more suitable to say that it was intended to make a law officer, “The Right Hon. W. E. Gladstone, M.P., &c." opportunity than could be afforded by a correas such, eligible under this Act.
spondence with me.' Nothing could be further “It being, then, plain that the intention of the MR. GLADSTONE TO THE LORD CHIEF JUSTICE. from my expectation than that my letter to Mr. Legislature was that the selection should be made “ Dear Lord Chief Justice,-I beg to acknow. Gladstone should lead to a vindication of the from the judges, I cannot shut my eyes to the fact ledge the receipt of your letter of this day's date. urse proposed to be adopted. My only object that the appointment of the Attorney-General, who As the transaction to which it refers is a joint was to bring under the consideration of the as such, was not qualified under the Statute, to a one, and as the completed part of it, to which you Government the very serious objections to this judgeship (the functions of which he is not in object, is the act of the Lord Chancellor, I have appointment which presented themselves to my tended to discharge) in order that he may thus referred your letter to him.-Yours faithfully, mind, or at all events to record my protest against become qualified according to the letter of the Act,
“W. E. GLADSTONE. what I honestly believed to be a violation of the cannot be looked upon otherwise than as colour. “Right. Hon. the Lord Chief Justice
spirit and intention of an Act of Parliament, and, able, as an evasion of the statute, and a palpable
of the Queen's Bench."
therefore, a degredation of the judicial office. I violation, if not of its letter, at all events of its [I have unfortunately mislaid this note, but I may add that I should have hesitated to press spirit and meaning. I cannot help thinking of can trust to my memory for giving the ipsissima my views on the Government if I had not had what would have been the language in which the verba in which it was expressed.-A. E. C.]
abundant reason to believe that those views were Court of Queen's Bench would have expressed its
shared by every member of the Bench, and I may opinion if such an evasion of a statute had been The Lord CHIEF JUSTICE TO MR. GLADSTONE. add of the entire Bar, attempted for the purpose of qualifying an indi. “ Court of Queen's Bench, Nov. 11, 1871. “While, however, I freely admit that I am not vidual for a municipal office, and the case had been “Dear Mr. Gladstone,-I beg to acknowledge entitled to any explanation of the course you have brought before it on an information in the nature the receipt of your note of yesterday evening. determined to adopt, I must in candour say that of quo warranto. In the present instance, the * Learning from you that you have referred to I think I might have expected that grave objecLegislature having settled the qualification for the the Lord Chancellor my letter on the proposed tions to a proceeding connected with the adminisnewly.created office, momentarily to invest a party appointment of Sir Robert Collier to the Judicial tration of justice, coming from one holding the otherwise not qualified, with a qualifying office, Committee of the Privy Council, I should not have office I have the honour to fill, would have received pot that he shall hold the latter, but that he may troubled you further on the subject, but for a pas- somewhat more consideration, and would not have be immediately transferred to the former, appears sage in your note which appears to me to call for been dismissed in quite so summary a manner. to me, I am bound to say, to be nothing less than immediate observation.
“Under the circumstances, while you reserve the manufacture of a qualification, not very dissimilar in character to the manufacture of quali letter to the Lord Chancellor, that the transaction arise, so I, on my part, must reserve to myself the
“You assign as a reason for transmitting my your explanation till a fitting opportunity shall fications such as we have known practised in other is a joint one, and that the completed part of it to right to make public, when I may deem it proper, instances in order to evade the law. Forgive me, which I object was the act of the Lord Chancellor. the fact of my protest and the grounds on which I pray you, if I ask you to consider whether such “I cannot allow an impression so wholly erro. it is founded, as stated in my letter to Mr. Glad. a proceeding should be resorted to in a matter in. neous to remain without seeking to remove it. stone. timately connected with the administration of “I have not objected, and could not object, to “Without troubling you further, I remain your justice in its highest departments."
the appointment of Sir Robert Collier as a judge of faithful and obedient servant, “It would obviously afford no answer to the the Common Pleas. If it had suited his views to
" A. E. COCKBURN. objection to the proposed appointment to say that I accept a judgeship, I should have been the first to “The Right Hon. the Lord Chancellor." a gentleman who has held the position of a law welcome his advent to the Bench. My objection officer of the Crown must be taken to be qualified to the present appointment of Sir Robert Collier is DEATH OF MR. WILLIAM HENRY TINNEY, to fill any judicial office, however high" or im- not an objection to the appointment in se, but as Q.C.-This once celebrated lawyer, the contem. portant. This might have been a cogent argument being intended to create a factitious qualification porary of Brougham and Campbell, died on Thurs. to induce the Legislature to include the Attorney: for a seat on the Judicial Committee.
day, the 30th ult., at his residence, Snowdenham, General among the persons 'specially qualified' " It was because its ulterior object was to be Torquay, at the ripe age of 88 years. Mr. Tinney under the Act; but it can afford no justification your act that I took the liberty of addressing took high honours at Oxford, and was in due for having recourse to what cannot be regarded as myself to you. Had I objected to the part of the course elected a fellow of his college (Oriel). He anything better than a contrivance to evade the transaction already completed, I should have ad. was called to the Bar in 1811, and was made a stringency of the statute as it stands. The section dressed my observations to the Lord Chancellor. Queen's Counsel and Bencher of Lincoln's-inn in in question makes the office of an Indian chief “My only object in now troubling you being to 1829. He was eminent as a real property lawyer, justice a qualification for an appointment to the set myself right as to any supposed objection to and was one of the Real Property Commissioners Judicial Committee. Suppose that, as might the appointment of the late Attorney-General to a with Lord Campbell. It is a strong testimony to easily have happened, an Indian chief justiceship judgeship, I shall not expect any notice to be taken the high legal and personal estimation in which he had chanced to be vacant. An attorney-general of this communication.
was held that he was (though himself a staunch would, of course, be perfectly qualified for the
“I remain, yours faithfully, Conservative), appointed to a vacant Mastership office. What would have been said if the Attorney
“A. E. COCKBURN. in Chancery by a Whig Government. On the abo. General had been appointed to such a chief justice- “Right Hon. W. E. Gladstone, M.P., &c." lition of the Masters' offices he retired with a ship, not with the intention of his proceeding to
pension of 25001. a year. He will be lamented, not India to fill the office, but simply for the purpose THE LORD CHANCELLOR TO THE LORD CHIEF only by a large circle of attached personal friends, of his becoming qualified, according to the letter
but by the many who had profited by his openof the statute, for an appointment to the Judicial “31, Great George-street, S.W., Nov. 10, 1871. handed liberality in matters of charity. His wife Committee ? What an outcry would have been "Dear Lord Chief Justice, - Mr. Gladstone has a daughter of the late Rev. Canon Hume) survives raised at so palpable an evasion of the Act! But, 'sent me your letter with reference to the appoint- ' him. He leaves no issue.
Wnat notice of
police station, the prisoner said he knew nothing sure for his own benefit, adversely to his land.
about the note. The jury were directed that, if lord, is was held, that the inclosure of the piece NOTES OF NEW DECISIONS.
they were satisfied that the prisoner could, within of ground was an encroachment; that the circumADMINISTRATION-CLAIM BY MOTHER AGAINST
a reasonable time, have found the owner, and if, stance of the landlord having given his consent HER Son's ESTATE FOR MAINTENANCE-CLAIM instead of waiting at all, the prisoner immediately to the inclosure did not amount to a parol demise DISALLOWED.-A claim by a mother for advances converted the note to his own use, intending to to hold to the end of the term, so as to make the for the maintenance of her son during his minority deprive the owner of it, it would be larceny. The tenant a tenant at will,'and to make the Statute of will not be allowed in the administration of her prisoner was convicted. Held that the jury ought Limitations apply to such a holding from the end son's estate, unless it can be shown that such to have been asked whether the prisoner, at the of the first year of such tenancy, and that conse. advances were intended as a loan, nor, in the time he received the note, believed the owner could quently the landlord, at the end of the term, was absence of a contract, will such a claim be enter. be found; and that the conviction was wrong: entitled to recover, not only the premises origintained for advances after majority: (Re Cottrell's (Reg. v. Knight, 25 L. P. Rep. N. S. 508 Cr. Cas. ally demised, but also the additional piece of Estate; Joyce v. Cottrell, 25 L. T. Rep. N. S. 405. Res.)
ground gained by the encroachment: (Whitmore V.C. W.)
Humphreys, 25 L. T. Rep. N. S. 496. C. P.) FORGERY.-I. O. U.-The prisoner, pressed by a NEW POLICE COURT FOR MARYLEBONE.-A creditor for payment of 351. obtained further time new police court is at length to be erected in the by giving an I. O. U. for 351., signed by himself, large and populous district of Marylebone. The
MERCANTILE LAW. and also purporting to be signed G. B., which sig- present court, which was originally a private house, nature was a forgery. It was held to be a security is badly situated, and a more convenient site is to
NOTES OF NEW DECISION. for payment of money to B. within sect. 23 of 24 & be chosen for the new building. Her Majesty's
STATUTE OF FRAUDS (29 CAR. 2, c. 3), s. 17— 25 Vict. c. 98, s. 23: (Reg. v. Chambers, 25 L.T. Commissioners of Works and Public Buildings, to SALE OF GOODS-NOTE OR MEMORANDUM IN Rep. 507 Cr. Cas. Res.
whom the care and control of the Metropolitan WRITING. - The plaintiff had a deal with the defen. LARCENY BY FINDING LOST BANK NOTE.--Pri police courts was transferred by an act passed in dant for the purchase of a quantity of wool for a soner received from his wife a 101. Bank of England the last Session of Parliament, have at present price more than 101., and be handed to him the note, which she had found, and passed it away. The under
consideration the respective advantages of following memorandum or bought note : "Bought note was endorsed "E. May” only, and the pri. two plots of land, of which one is in Chapel-street, Mr. G. J. Rust's wool as examined, at 15d. net soner, when asked to put his name and address on near the Edgware-road, and the other is in cash, to be weighed and paid for on the premises it by the person to whom he passed it, wrote on it the Marylebone-road, adjoining the Baker-street one-half, and the whole to be cleared in about a false name and address. When charged at the station of the Metropolitan Railway.
twenty-one days, the wool to be delivered at
Chelmsford railway station free of charge, net BOROUGH QUARTER SESSIONS.
weight. By cheque to hold till paid if required.
Little Leigh's wool to be sent on receipt of cash, Borough.
Clerk of the Peace.
and the other to follow after paid for.-W. Buxton." appeal to be given
The plaintiff not having completed his bargain Berwick-on-Tweed Friday, Dec. 29 W. T. Greenhow, Esq... 5 days
within the twenty-one days, the defendant wrote
to him on the 8th Feb. to the effect that, in con. Bridgnorth Friday, Dec. 29
W. Cope, Esq.
W. D. Batte. sequence of the delay, he should consider the deal Carmarthen Wednesday, Jan. 3 ..., J. Johnes, Esq.
off, and would resell the wool. On the following Chichester Tuesday, Jan. 2.... J.J.Johnson, Esq.,Q.C. | 10 days .....
day the plaintiff and the defendant met, and the Wednesday, Dec. 27 Sir W. H. Bodkin, Knt. 2 days
W. G. Ledger. Leeds
former asked the latter for a copy of his letter Thursday, Dec. 28 J. B. Maule, Esq., Q.C.. | 10 days
C. Bulmer. Scarborough Monday, Jan. 8..
J. Middleton, Esq.
(the bought note) of the 11th Jan., and the same
Dear Sir,- I beg to enclose a copy of your letter COMPANY LAW.
them as B. should direct. A., however, received of the 11th Jan. 1871,” and such letter contained 25 guineas as a consideration for his part in the a copy of the letter or bought note of the plaintiff
transaction, and B. produced a written receipt in of the said 11th Jan. The defendant having ulti. NOTES OF NEW DECISIONS.
which this money was expressed to be paid to A. mately refused to deliver the wool, the plaintiff MORTGAGE-TRADE FIXTURES—BILL OF SALE “in consideration of his taking risk of applying for brought an action against him: Held, that there ACT.-At the time of the passing of the Metro 250 shares in S. and Co. (Limited), the application was a sufficient memorandum in writing of the polis Management Act 1855, a certain lane, having on the 9th Dec. 1865 B. directed Å. to transfer the section of the Statute of Frauds : (Buxton v. Rust,
and allotment money only being paid thereon.” bargain signed by the defendant within the 17th but a few houses near it, was kept in repair as a highway by the parish. Between the hedges shares to X., a nominee of B., and on the 12th Dec. 25 L. T. Rep. N. S. 502. Ex.) which bordered the adjoining fields, there was an
A. executed a transfer accordingly. The comaverage distance of about forty feet, but only pany refused to accept X., and X. remained on eighteen feet in the middle of this space was kept the register until the winding-up of the company
MARITIME LAW. as a hard metal road. Since that time, both in Dec. 1866, when he was placed on the list of before and after the passing of the Metropolis contributories, and was compelled to pay a large Management Amendment Act 1862, a great amount for calls. A. having filed a bill against B. NOTES OF NEW DECISIONS. many houses have been built on both sides of for an indemnity, subsequently entered into an INSURANCE-POLICY ON GOODS IN SHIP OR this lane; & sewer, at the request of the in. arrangement with the liquidator, by which it was SHIPS TO BE DECLARED-MISTAKE IN Ship's habitants, has been constructed by the Dis. agreed that the latter should prosecute the suit at NAME-INNOCENT MISREPRESENTATION. - - The trict Board of Works; a footpath, and also a
the expense of the company in A.'s name. Held, contract of an underwriter who subscribes a broader carriage road, have been made and kept under the above circumstances, first, that there policy on goods by ship or ships to be declared is, in repair by the board. All the expenses of these was an implied obligation on the part of B. to that he will insure any goods of the description works were defrayed out of the general rates, but indemnify A.; secondly, that this implied obliga- specified, which may be shipped on any vessel the board now claimed them from the owners and tion was not varied by the terms of the written answering the description, if any there be, in the occupiers of the houses and land adjoining. receipt; and thirdly, that the liquidator was policy, on the voyages specified in the policy, to Orders enforcing this claim were made by a
entitled to enforce this obligation in A.'s name : which the assured elects to apply the policy ; the magistrate. Upon appeal by an owner of houses, (Hemming v. Maddick, 25 L. T. Rep. N. S. 483. object of the declaration (and it need do no more) and by the proprietor of some private roads which | V.C. M.)
is to identify the particular adventure to which ran across the lane, and had been assessed at the
the assured elects to apply the policy. If the same rate as the houses : Held, that this lane,
description in a policy on a particular ship desig.
REAL PROPERTY AND although a highway repairable by the parish at
nates the subject with sufficient certainty, or the date of the Act of 1855, might become a new
suggests the means of doing it, a mistake of the street within the meaning of the Metropolis
name of the ship or of other particulars, will not Management Acts; and that the proprietor of the
NOTES OF NEW DECISIONS.
defeat the contract, and where it can be proved private roads was an owner of land within the
that it was a clear mistake, and the underwriter meaning of sect. 250 of the Act of 1855 : Held, Estate. -A testatrix gave 14001. to her trustees
WILL-GIFT TO B. AND HER CHILD-LIFE cannot be prejudiced, it is of no consequence. If however, that unless all these expenses were in
a representation is made to an underwriter, how. cluded in one apportionment upon the owners upon trust to pay the interest thereof to M. for
ever honestly and innocently, that a ship is a new and occupiers of the whole new street, the claim life, and after her decease to hold the same and ship, when, in fact she is an old ship, and the of the Board was bad : (Begbie v. Fenwick, 25 L.T. the income thereof upon trust for such of her underwriter subscribes a policy on goods on board Rep. N. S. 441. L. JJ.)
children (exclusive of her two eldest sons) who of her in favour of a person making such misreWINDING-UP - CONTRIBUTORY
- Past Mex. should survive her and attain the age of twenty: presentation, the policy is thereby vitiated, for the BERS-CANCELLATION OF SHARES.-The directors
one. He also gave 15001. to each of his two eldest age of the vessel is material in considering the of a company, having power under their articles of sons, and the residue to M. and such of her children premium. An underwriter's slip is a contract for associations to accept surrenders of shares on (including the two eldest sons) who should attain marine insurance, and is not a policy,
but by 30 such terms as they might think fit, offered W., the age of twenty-one: Held, that M. was entitled Vict. c. 23. ss. 7, 9, it is not valid, that is, not en. amongst other shareholders,
an option of having to a life estate in the residue : (Re Owen's Trusts. forceable at law or in equity; but it may be given in his allotment cancelled, which offer was accepted 25 L. T. Rep. N. S. 489 B. C. W.)
evidence, wherever it is, though not valid material. and carried into effect in the register : Held, on LANDLORD AND TENANT-ENCROACHMENT BY The plaintiffs, in pursuance of instructions from the company being subsequently wound-up, and it TENANT ASSENT OF LANDLORD — Right OF Mesers. G., of Hamburg, had entered into a policy then appearing that there was a misrepresentation LANDLORD LAND ENCROACHEED ON. to cover hides on ship or ships to be declared. in the prospectus, that although W. had not elected What would otherwise amount to an encroach. This policy was subscribed by the Progress In. to have his allotment cancelled on that ground, he ment by a tenant, is none the less an surance Company, which had failed and was being had exercised his right and annulled the contract croachment because the landlord knew of and wound-up. Interests had been declared on this before the winding-up : (Wright's case, 25 L. T. assented to its being made. Therefore, where policy, so that there only remained open the sum Rep. N. S. 471. L. C.)
a tenant asked for and gained permission from of 1211. The plaintiffs received instructions from TRUSTEE OF SHARES-IMPLIED AGREEMENT his landlord to enclose a piece of the adjoin. Messrs. G., to declare on this policy to cover OF CESTUIS QUE TRUST TO INDEMNIFY.-On the ing waste belonging to the landlord, and ac- hides shipped on the Socrates, Captain Jean Card, 4th Dec. 1865, A., at the request of B.'s agent, cordingly enclosed it and held it, together with from a port in the Brazils to Hamburg. L., appiied for, and was allotted 250 shares of 101. the land demised to him, till the end of his term- plaintiff's clerk, went to the defendants' office, in a company, on which 1l. was to be paid on being for more than twenty years—simply paying and asked D., the defendant's manager, if he application, and ll. on allotment. B. furnished the same rent which he had theretofore paid for would re-insure the portion of the risk covered by the application and allotment money, and it was the demised premises, and without there being the policy of the Progress Insurance Company, understood that A. was to have no beneficial inte any circumstances in the case to lead to the belief viz., 1211. L. had not the letter of instructions rest, but was to hold the shares to dispose o that the tenant had intended to make the enclo- ' with him, but D. oked the Veritas register,
and saw there the Sucrate Captain Jean Card, follow: The bankrupt, Edward Brooke, carried on for the immediate restoration of the goods, and for an old French vessel, and next to it the Socrates, business at Bradford and Gomersal as a wool. | the committal of Smith ; and while this application Captain C. J. Albertson, and asked L. if the stapler and wool comber, and on the 7th Sept. was being made, Smith, accompanied by his at. Socrates was the ship; L. replied that he thought last absconded, thereby committing an act of torney, appeared, and an explanation was then 80. D. thereupon initialed a slip and a policy bankruptcy, and he has not since been heard given to the effect that the proceedings had been was issued for 1211., and at the same premium. of. On the 12th Sept. he was adjudicated taken by Smith under a mistake as to the effect The goods were really shipped on board the Socrate, bankrupt, and on the same day the pre- and operation of the order of the 26th, and Smith and were totally lost. Held, that as the defen- sent trustee was appointed receiver, and early in person expressing his regret that the undertak. dants were in no way bound to accept this policy, in the morning of the 13th September, as re- ing given by his counsel had been so broken, an the mistake and misrepresentation as to the name ceiver, he entered into and took possession, as order was made for stopping the sale at once, and of the ship was such that the policy was thereby far as he could, of the bankrupt's place of busi. for the immediate restoration of the goods to the vitiated, and that the defendants were not liable ness at Gomersal, and the stock and effects there. trustee, and that Smith should pay all the costs in respect of the policy. After the policy for 1211. After the receiver had so taken, and while he was oocasioned by his misconduct. After this order had been subscribed by the defendants, they, in in possession, Smith without leave of the court, was made, the sale was conducted and completed pursuance of instructions from Messrs. K., of levied a distress upon the goods so in the posses. under the direction and control of the trustee, and Hamburg, opened a further policy on hides, on sion of the receiver. On the 16th September, an he received the proceeds, which amounted to ship or ships to be declared for 50001.; the slip was interim order, restraining Smith from proceeding more than sufficient to pay the sum that was signed, but the policy had not yet been prepared. with the distress until the 26th September, was claimed by Smith for rent. No further steps, The plaintiff being ordered by Messrs. K. to obtained and served, and notice given of a motion however, were taken by Smith to make or declare on hides to the value of 27001. coming by before me on that day to make the interim authorise his making a further distress, but on the the Socrates from Brazil to Hamburg, and others order absolute, and to commit Smith for contempt. 21st Oct. the present notice of motion was served, 1 by other ships, one of the plaintiffs went to the On the 26th September this motion was heard asking that the trustee may be ordered to pay defendants' office and took the slip for 50001., and before me, and Smith, by his counsel, then con- Smith the 1501. claimed for rent. I have noticed wrote out a slip for a policy on 2455l. on hides per tended that upon the evidence the right to distrain these proceedings thus in detail for the purpose of Socrates, and another slip for 2500l. for hides on was clear, and that under the 34th section of the making clear what I consider to be the proper another vessel, saying to the defendants' clerk, Bankruptcy Act 1869, this right was expressly course for a landlord to pursue where he finds a that instead of drawing up an open policy for reserved, notwithstanding the bankruptcy, and receiver in possession of goods upon which he 50001., and then declaring on it for 49551., which that the fact of the receiver being in possession conceives himself entitled to distrain. If he cannot would leave so small a balance as 45)., it would be ought not to affect the exercise of that right, and arrange with the receiver for payment of his rent, more convenient for all parties to have two ship he insisted that the position of the receiver was he must apply to this court for leave ; and if he policies. The clerk assented and initialed similar to that of the mesesnger under the old distrain without leave, he will be guilty of con. the two slips, and policies were duly issued in bankruptcy system, when possession did not in. tempt, for which he will be liable to be committed. accordance with the slips. The hides were really terfere with the exercise of the landlord's right of And as the receiver is an officer of the court, the on board the Socrate, and were afterwards totally distress. I decided against this contention, and court will take care that no improper dealing takes lost: Held, that as the defendants were bound in held that under the Bankruptcy Act of 1869, and place with the goods, so as to prejudice the right accordance with the slip for 50001. to issue a policy the rules, a receiver is appointed only upon a of distress; but, as shown by the passage before on any ship selected by the plaintiffs, and as proper application, supported by proper evidence, referred to in Dániell's Chancery Practice, and for knowledge of facts as to the risk under that policy, and when appointed he becomes an officer of the which the authority cited is Sutton v. Rees (9 Jur. if issued, would not have been material to them, court, and is subject to the same control, and en- N. S. 456), the distress must be made while the and as the policy for 2455l. was a policy substi- titled to the same protection, as a receiver ap: goods are in the possession of the receiver and tuted for the other, the mistake in the ship's name pointed by the Court of Chancery. In the last before they are sold. In the present case no objecwas immaterial, and the defendant's were liable : edition of Daniell's
Chancery Practice, vol. 2, p. tion has been made to the question of the right of (Ionides v. The Pacific Fire and Marine Insurance 1593, the practice is thus stated. “Any person the landlord to distrain for the rent claimed being Company, 25 L. T. Rep. N. S. 490. Q. B.) who considers himself prejudiced by having a re- raised and determined upon the present notice of
ceiver put in his way, should apply for an inquiry motion, and I shall therefore dispose of the case on
as to his interest, or for leave to take the neces. | its merits. The evidence in support of Smith's BANKRUPTCY LAW.
sary proceedings, and he must do this, although right to distrain rests upon the affidavits of him.
his right to take possession is clear.” And again, self and Joseph Ogden filed the 23rd Sept. Ogden BRADFORD COUNTY COURT.
“The appointment of a receiver does not affect the says, par. 2: "In or about the month of May last (Before W. T. S. DANIEL, Q.C., Judge.)
rights of the landlord of the premises, but he I introduced Edward Brooke, at his requestion,
will not be permitted to exercise those rights with to Shackleton Smith, who had some room and Ex parte SMITH; Re BROOKE (Bankrupt). out first obtaining the leave of the court; and machinery to let in his mill, at Gomersal, which Nov. 7, 21, and 28.
where he has not distrained, and the furniture in Brooke was desirous of taking.". Par. 3 : "I was Receiver in bankruptcy is an officer of the court- the house of a tenant has been sold under the present when Shackleton Smith let the said room
Interference with his possession, without leave, direction of a receiver, the landlord has no priority and machinery, with steam power to work the a contempt-Landlord's right under 31th section on the other creditors in the proceeds of the same, to Brooke. The rent was to be 3001. a year, of Bankruptcy Act 1869, not that of a prefer sale.” Having thus decided that Smith's inter- and was to be paid half-yearly, on the 1st Sept. ential creditor, but must be en forced by distress ference with the possession of the receiver was a and the 1st March in each year, and each halfregularly made-And if receiver in possession contempt of court for which he was liable to be year's rent was to be paid in advance, and the leave must be obtained as in Chancery (Dan. Ch. committed, I declined to allow the question of first half-year's payment was to be made on the Pr., last edit., 1593)—A demise by parol for an his right to distrain to be argued until he had 1st Sept. inst.” Smith, in his affidavit, further undefined term of years is a tenancy at will under cleared himself of his contempt, and had he says: "In the latter end of the month of May last, sect. '1 Statute of Frauds, and a stipulation that declined to do so, I was prepared to commit him, I let to the bankrupt three separate and distinct rent should be payable in advance is good only but had I ordered his commital, and he had been rooms in my mill at Gomersal, namely, a shed as an agreement under 4th section, and not en. advised to appeal against my decision, I should with the machinery therein, a washhouse, and a forceable if by parol.
have done as I did in Mary Atkinson's case, warehouse, with an office or counting house, and Shau (instructed by Carr and Codman, solici. Ec parte Atkinson ; re Brooksbank (L. Rep. 9 Eq. the necessary steam power to work the machinery tors, Gomersal), in support of motion.
736), have suspended the execution of the order at the yearly rent of 3001., payable in equal porPhillips (instructed by Rawson, George, and for a sufficient period to have allowed of the tions half-yearly on the 1st Sept. and the 1st Wade, solicitors, Bradford), in opposition. appeal being heard, and giving such directions as March in each year, and each half-yearly payment
His Honour. - This was a motion on behalf would have secured a proper disposition of the to be paid in advance, and the first payment of Mr. Shackleton Smith, of Gomersal, in the property in the mean time, and saved all existing thereof to be made on the 1st Sept. inst. Both county of York, worsted spinner, asking that rights. Smith however being present in court affidavits are silent as to the term for which the Mr. Á. B. Kemp, the trustee under this bank rendered a committal unnecessary by submitting property was let. Smith was afterwards examined ruptcy, may be ordered to pay to Smith 1501, to this jurisdiction, and authorising his counsel to before the registrar at the instance of the trustee, being the amount due to him from the bank- undertake immediately to restore the possession under the provisions of the 97th section of the rupt on the 1st Sept., 1871, for one half year's of the goods distrained to the receiver, who had Act of 1869, and on such examination stated he rent in respect of a shed with the machinery then become the trustee. An endeavour was then was not the owner of the mill, but held it under a therein, a washhouse, and a warehouse with made to settle the mode of paying the rent claimed verbal agreement for a lease for fourteen or an office, or counting house, with the necessary so as to avoid the necessity of a formal distress. twenty-one years, at yearly rent of 2001. His steam power to work the machinery, situate The trustee, however stated that he could not demise consisted of a house, the mill, thirty acres in Gomersal, and that Kemp may pay the admit the right to distrain, or that the rent was of land, and fourteen cottages; he entered three costs of and incident to this application. Before due as, owing to the absconding of the bankrupt and years ago; was at half the expense of the boiler ; considering the special circumstances which have the absence of books, he had not been able to ascer- put in shaftng himself, and had since fitted up the occurred in this case, it is proper to observe that tain the terms or nature of the alleged tenancy, mill with twisting, spinning, and other machinery. the right of a landlord to recover arrears of rent and therefore he declined to give any undertaking, In May last, he says, "I let the shed, washhouse, due to him at the commencement of a bankruptcy or enter into arrangement for payment of the and counting house, in tho yard, to the bankrupt. is not the right of a preferential creditor, to be rent which might prejudice his right to dispute its I also let him the combing plant, including combs, paid by trustees out of assets, but the right is being due. Under these circumstances the court boxes, and cards, and the washing and drying that reserved by the 34th section of the Bank- being satisfied that its authority had been suffi- | apparatus. This machinery was ali my property, ruptcy Act 1869, a right to be exercised by dis. ciently upheld by Smith's undertaking so given, and not the landlord's. I also provided steam tress, and consequently obliging the landlord (if made no furtherorder
against him. The effect of this power for turning the machinery, and steam for his right be not admitted by the trustee) to con. order was the entire abandonment of the distress so drying purposes, heating the combs, and the back duct the proceedings under his distress with regu. irregularly made, and the restoration of the goods Fash. The arrangement between me and the larity, because it is the duty of the trustee, where to the possession of the trustee, and Smith was left bankrupt, as to the machinery, was that a valnathe right of the landlord is not clear, to protect at full liberty, if he could not arrange out of court tion should be made of it when in working order, the property for the equal benefit of all the credi- with the trustee for the rent, afterwards to make and that at the expiration of his tenaney another tors against all irregularity. In the presont case a proper application for leave to distrain. The valuation should be made, and that the bankrupt no objection was taken to the landlord proceeding course, however, taken by Smith was this - he should pay me, or I should pay him, the difference by this notice of motion, but the motion was continued in possession of the goods, and instructed in value whatever it might be. I had no contreated as raising for decision, under the juris. an auctioneer to advertise them for sale on the versation with the bankrupt as to the value diction conferred by the 72nd section, the sub. | following Friday, the 29th September. The auc- of the machinery, but about three years ago it stantial question of the landlord's right to distrain tioneer advertised them accordingly, and made the cost me about 20001. The bankrupt has not for the sum of 1501. as a half year's rent, due on necessary preparations for the sale.
The goods spent much upon the machinery, and he has rethe 1st Sept. from the bankrupt to hin, in the were demanded of Smith by the trustee, but he paired some gills. I was to put the machinery same way as if a proper distress had been made, refused to restore them, in flagrant breach of his into good running order, and to pay half the cost and the goods distrained had been replevied by undertaking. In this state of things an ex parte of removal from one room to another-the remainthe trustee, and the court was now trying an application was made to me, on the morning of the ing half cost of removal the bankrupt was to have action of replevin. The facts of the case are as 29th September, for an order to restrain the sale, paid. He did pay some small sum towards the
expense of removal; considerably less than 501. I | interest, but which was never fixed, and was not liament. The issue found by the jury that there should think. I have heard that a bill was sent referable to any definite term. It follows, there had been no real pressure was negatived by the in to the bankrupt for repairing gills to the fore, that the bankrupt's interest was under the finding that the payment had not been made with amount of 1401. It was and is now my duty to oil 1st section of the Statute of Frauds, a demise for a view of giving this particular creditor a prethe shafting and six pairs of wheels for cross- an uncertain interest in lands, and therefore ference over the others. As it appeared to him, shafting, which has been done nearly every day. only a tenancy at will. Had rent been paid, this last provision was intended to meet the case The bankrupt occupied premises equal to about this tenancy at will would have been converted by of a voluntary payment. A payment on demand one-sixth or one-seventh of the whole manufactu- construction of law into a tenancy from year to by a creditor of a debt justly due was not a volring premises. I offered to let the bankrupt the pre- year; but no such rent having been paid, it re-untary payment, and therefore could not be one mises he had either for one year or five, or for any mained at the time of the bankruptcy å tenancy made with a view to give preference to one par. intermediate numbor of years as he might elect. at will and nothing more. And the stipulation ticular creditor over the rest. James, L.J., said The rent was to be 3001. per annum. He was to that rent should be payable in advance would be that for aught that appeared the payment might pay no rent up to 1st Sept. He entered in May available only as one term of an agreement have been made by the debtor with a view to cheat fast, he wanted me to take less rent, but I de relating to land, which, not being in writing, would the creditor. He may have made the payment to clined. It was understood between us that the come within the 4th section of the statute of the creditor in the hope next day of getting deeper rent was calculated as 1001. per annum for each Frauds, and not be enforceable. I am of opinion. into his debt, and thereby placing himself in a comb, three in number, but with the combs was therefore that the latter objection is well founded, position to tide over his difficulties. If he had included the machinery generally used with combs. and that the motion fails apon its merits, and paid his butcher or his baker, and so was enabled The combs now in the room are Lister's combs. must be refused with costs; but this order will to get further credit, would such payment be void There would be room for another comb, and be without prejudice to any claim Smith may in case of bankruptcy ? Mr. Herschell thought arrangement was made that if the bankrupt put in make under the bankruptcy for the use and occu- not, as such a payment would be protected by the one of Noble's, which require less power than pation of the premises.
latter part of the section, which provided that a Lister's, he should pay an average rent for that
payee in good faith, and for valuable consideraclass of comb. The rent was to be paid half
tion, was not affected. Under the circumstances yearly, and he was to commence paying on the 1st CORRESPONDENCE OF THE
stated there would be valuable consideration Sept., and to pay each half-year's rent in advance.
PROFESSION. I asked the bankrupt for the rent two or three
passing, but in the case before the court there
was no evidence of any present consideration. times in the forepart of the present month, and he
After some further discussion in which James, L.J., said he would pay it in a few days. The bankrupt Note: This department of the Law Times being open to stated that the enactment as to a fra udulent nerer decided for how many years he would take
free discussion on all professional topics, the Editor is not preference was introduced with a view more
for the property. It was not definitely agreed that
to codify the law than create any alteration he should occupy for five years, nor was any term FRAUDULENT PREFERENCE.-The case of frau. therein, the court ruled the finding of the jury that agreed upon. We often talked about having the dulent preference (Re Cherry) before the Lords the payment had not been made with a view to arrangement put into writing, but it was never Justices on the 23rd ult., in which you state an
favour the particular creditor was conclusive, and done, nor was any instruction ever given to a solicitor exposition of the law was anticipated, though that all the other findings were immaterial. The to prepare any document. I made no memorandum not realised, notwithstanding the disappointment appeal was accordingly dismissed with costs. A in any of my books of the agreement. I had some conversation with Mr. Wade's clerk and Mr. at the hearing, and although the observations of right course of procedure, the appellant's counsel
was in some respects instructive. I was present difficulty arose in the course of the hearing as to the Kemp's
clerk on Wednesday relative to the agree- the Lords Justices in the course of the case may arguing that if the findings of the jury were not ment, and I said the property was let either for not have the weight of judicial authority, they are
in his favour, they were so inconsistent as to one or five years. I did not say it was for a defi- interesting as showing the proclivities of the Court demand a new trial. Mellish, L.J., said he was nite term of five years.". On examination by his of Appeal on the question at issue. The facts of not aware if there was any practice, defined in own solicitor, he said: “Joseph Ogden was pre- the case were shortly as follow :-Mr. Cherry, a
such a case, but he thought the course which should sent when I made my arrangement with the bank- Liverpool cotton broker, in July of last year was in have been taken was for the party dissatisfied rupt. The arrangement was discussed on two monetary difficulties. He had, apart from his with the findings of the jury to have applied for a occasions, and partly concluded on a third, and ordinary business, speculated in shares through new trial. . As a rule, if there was any possible finally settled on a fourth, and on each of these an intimate friend, Mr. Mathews, and at the view in which the verdict could be right, there was Ogden was present.” On the 21st Oct. the land period in question was indebted to him on those no ground for sending it back. It was suggested. lord filed a further affidavit, which, so far as it transactions to an amount exceeding 10001. that the evidence, irrespective of the findings of the relates to the terms of the arrangement between Mr. Mathews being unable to meet his own jury should be considered, but the appellant elected him and the bankrupt, is a mere repetition of the liabilities, pressed Cherry for payment, and to take the decision of the court upon the conclusions statements made in his examination. Neither succeeded in obtaining 16001., as Cherry stated, of the jury: . It may be gathered from this short party desired to have any of the witnesses on the faith that it should be returned if summary of the case, that the law of fraudulent examined vivo, voce before me. Upon this evidence required, so that Cherry might tide over his diffi- preference is not according to the views of the it was objected, on behalf of the trustee, that there
culties. 5001. was returned the next or following Court of Appeal materially altered. The old conwas no demise of any realty out of which rent day, and shortly afterwards Cherry became bank sideration of contemplation of bankruptcy,” is could issue, that the evidence showed a mere rupt. His liabilities were about 10,0001., and assets immaterial, as during the three months preceding contract for letting machinery and steam power, 5001. The trustee under the bankruptcy moved bankruptcy the debtor must be taken to contemand reliance was placed
upon the landlord's state the Connty Court for an order declaring the pay- plate bankruptcy. A voluntary payment”. is ment that the sum of 3001., though called rent, was ment to Mathews void, as a fraudulent pre
intended to be covered by the words with a view in reality nothing more than the sum agreed to be ference. By virtue of sect. 72 of the Act the to prefer one creditor over the others," as any paid for the use of three combs and the machinery court, as the question in dispute was one of fact, application for payment is now considered to attached to each, reckoned at the rate of 1001. directed it to be tried by a jury. The issues found negative such a view. The debtor pays, because each comb; and the case of Handcock v. Austin by the jury were that the payment to Mr. Mathews he is applied to for payment, and although he (32 L. J., N. S. 252, C. P.) was relied upon as was made when Mr. Cherry was unable to pay his really does favour the particular creditor it may not showing that there was no demise; but I think debts as they became due out of his own moneys,
be with a view of so favouring him, but possibly that case stands upon its special circumstances, but not made with a view of giving Mathews a
to induce him to give further credit. It is and is not applicable to the present. Here there preference over the other creditors. The further much to be regretted that new phrases have was a demise of the warehouse, shed, and counting issues were found that the payment was made been used in the Act instead of those which house, which carried the right to the exclusive without real pressure, and when bankruptcy was
have long had a judicial interpretation, as thereoccupation, and though the rent was fixed with reasonably imminent. These findings were con
by the difficulties which constantly arise in reference to the value of the chattels, yet it strued by the County Court judge to be in favour construing the Act would have been obviated. is quite settled that where realty and per- of the trustee ; the payment being in contempla- Lord Justice Mellish and the learned counsel were sonalty are demised together, and though the tion of bankruptcy, and consequently fraudulent. occupied some time in the course of the case in rent be fixed with reference to the value of On appeal the Chief Judge reversed that decision, discussing what was the difference between the the personalty, and not the realty, the rent and thereupon the question came before the Court terms with "a view of " in the new Act and“ with issues out of the realty, and may be distrained of Appeal in Chancery. Mr. Herschell argued intent to” as used previously, but they came to for upon any distrainable goods found upon the that the present enactment was meant only to be
no satisfactory conclusion on the important point, realty, and the case appears to me to be brought declaratory of the law as settled by the decisions
the view of the Lord Justice tending rather to within the authority of Selby v. Graves (L. Rep. of the judges. Prior to the present Act there was
show the new term to be a modified expression of 3 C. P. 594.) The first ground of objection, there no express provision with respect to a preference the old.
H. B. fore, fails. The next objection was that the case of one creditor over another, but such a preference was within the first section of the Statute of had been always regarded as a violation of the prin. NOTES AND QUERIES ON Fraads, as being a lease for five years certain, or ciples of the law of bankruptcy, the primary object for & term uncertain, as being undefined in of which, was, when a man was insolvent to secure
POINTS OF PRACTICE. duration, and therefore a tenancy at will, with an equal distribntion of his assets amongst all his
NOTICE.-We must remind our correspondents that this which an agreement to pay rent in advance creditors. The decisions upon the point showed colunn is not open to questions involving points of law would be inconsistent. On the other hand, it was that it was a fraudulent preference for an insol.
such as a solicitor should be consulted upon. Queries will contended that the evidence showed a tenancy for vent debtor to make a voluntary payment to a
be excluded which go beyond our limits. a year at least, and that a stipulation for payment creditor when bankruptcy was imminent. The writers are sent, not necessarily for publication, but as a of rent in advance would be quite consistent with law not alone assumed every man to know his posi- guarantee for buna fides. 2 tenancy for a year. This objection is not tion, but also the consequences of his own act. without difficulty; but I am of opinion that upon Here the jury had found bankruptcy imminent,
Queries. the evidence before me, the term for which the and the conclusion of law was that the pay.
33. DESCENT-LEGAL ESTATE.-Mortgngee in fee dies demise was to be made was never agreed upon. ment must have been made in contemplation of
intestate as to trust and nortgaged estates, leaving a The evidence that it was for five years is too loose bankruptcy, and therefore fraudulent. Lord Jus. and five pephews and two nieces (children of another
mother, niece (a child of a deceased sister of testator), to be relied upon; it rests upon a statement tice Mellish said there was nothing in the Act about deceased sister of testator.) Both sisters predeceased alleged to have been made by Smith to the clerk of contemplation of bankruptcy ;” and, in fact, it testator. Who are the persons to convey the legal the solicitor and the trustee, to which they depose, seemed unnecessary, for the Legislature had fixed estate to the mortgagor ? Vide: (3 & 4 Will, 4, c. 106; bat which Smith denies, but I think the evidence the period of three months as that within which Steph. Com. vol.1, 357, 6th edit., title “Co-parceners.") of Smith upon his examination clearly shows that a fraudulent preference was impeachable. The
34. ADMITTANCE TO CUSTOMARY FREEHOLD ESTATES.the length of the term from one year to five, which only issues which ought to have been left to the
Will any of your readers give an answer to the following the bankrupt had the option of determining, was jury were those prescribed by the Act, and it query which appeared in your issue of the 26th Aug. nerer determined, and this option was material to contained nothing about bankruptcy being last, but to which no reply has yet been given : the interests of the bankrupt, having regard to all reasonably imminent,” or “real pressure." He by his will, devises his customary freehold estate the obligations he was to come under, and I think asked how the court could reject the finding of property of which teuure passes by deed or will and the entry by the bankrupt and his subsequent the jury in the words of the statute, in favour of proved and ask to be admitted in or out of court.
admittance.) The trustees produce will without being berupation, was referable to an agreement for a findings which were not there. The difficulty had the will a surrender or grunt within the meaning of the term to be fixed by him with a view to his own been created by travelling out of the Act of Par. 81st section of the Stamp Act 1870, and is it the duty of
N.B,-Noue are inserted unless the name and address of the