Page images

the steward to insist upon the will being proved before admitting the trustees, or upon having a certificate or note from the parties applying for admission (see sects. 83 & 84) that all ad valorem duties in respect of such will have been duly paid, or that none are payable? B. S.

35. THE STATUTE OF FRAUDS.-A. took a farm from B. and C. as agents for D., the landlord. At the time of the letting and taking the solicitor acting for B. and C. wrote down the terms thereof on paper, which were afterwards intended to be embodied in an agreement to be signed by the parties. A. entered upon, and took possession of, the farm at once, and has occupied it for the last two years, but no agreement has ever been signed as was intended in pursuance of the aforesaid terms. One of the terms written down was worded as follows: "The tenant agrees not to plough up the old grass land." It is evident that such an agreement as this, to be valid, ought, by the 4th section of the Statute of Frauds (29 Car. 2, c. 3), to be in writing, signed by the party or parties to be charged therewith, or his or their agent thereto lawfully authorised. Except (1) There is part performance. (2) Part payment with a view, &c. Or (3) The agreement is admitted by the parties and the statute is not set up as a bar. Now is A.'s possession of the farm, and payment of the rent to D., the landlord, for the last two years, a sufficient part performance or part payment, in respect of the agreement, so as to satisfy the statute? Or if B. and C. (as they will) admit the terms to be those on which they let the farm to A., and do not set up the statute as a bar, will their admittance, &c., as agents, be conclu sive upon D., the landlord, should he object to it? It is presumed that if A. can prove any one of the three exceptions before named, he can plough up the whole of the farm besides "the old grass land," and will not be confined to follow "the custom of the country." If convenient, reference to cases will oblige. K.

[ocr errors]

36. WILL.-A., by his will, devises his freehold estate to his son B., for life, and after his (B.'s) death "unto and to the use of all and every the children of B., their heirs and assigns as tenants in common." Will any of your readers oblige me with the benefit of their practice and experience by saying whether B. or B.'s children take an estate in fee simple in possession under the rule in Shelley's case? ARTICLED CLERK.

37. CONVEYANCE.-A. is seized in fee of land leased to a tenant, from whom arrears of rent are due. A. conveys to B. without any mention being made of the arrears. Can any distress be levied for them? If so, by whom? Would it make any difference if the arrears were assigned to B.? T. S.

38. STAMP ACT-33 & 34 Vet. c. 97.-On taking a conditional surrender and copy to the steward of a amanor, he endorses the copy with a memorandum of the original having been received for enrolment. Does the copy thus authenticated require a ls. or any stamp under the above Act? And the like in the case of a copy warrant to enter satisfaction? G.

[blocks in formation]

40. CONVEYANCING.-The opinion of some of your readers is requested on the following point: I have recently taken a conveyance of land for full and valuable consideration to several persons acting and being de

scribed as trustees of a religious body. The trusts do not appear on the conveyance, but have reference to a model chapel trust deed enrolled in Chancery in the year 1842, wherein trusts and provisions are set out at great length. On stating my intention to enrol the conveyance, I was informed by the minister that that course has never been adopted where the trusts had reference to the model deed. Sect. 2 of 24 Vict. c. 9, enacts in effect "that where trusts are declared by a separate deed the conveyance need not be enrolled, but that it will be void unless such separate deed be enrolled in Chancery with n six months after the making or perfecting of the deed for conveyance." Under the circumstances, ought not the present conveyance to be

enrolled to render it valid?

B. D.

41. RAILWAY AND PARISH LAW.-Can a railway company lock up their gates across a parish road between the hours of 10 p.m. and 6 a.m. on the following day? I may say, that the parish road in question leads to a farmhouse, and to moorland beyond, which is rented by several persons. This land runs to the banks of the Bristol Channel. A porter is employed to open and close the gate, during the daytime at the crossing in question, but as it is at present no one can pass through the gates after 10 p.m. without climbing the gates and fetching the key to open them. Opinions and authorities upon the case will oblige. S. W.

the legacy, will only pay duty on 10001. As to legacy duty being charged on such a donation, see 36 Geo. 3, c. 52, s. 7, 8; 9 Vict. c. 76, s. 4. If the assets be insufficient for creditors, the donatio is liable to make good their claim. Z. Y.

(Q. 26.) DONATIO MORTIS CAUSA.-E. G. says that it would be implied that the gift was conditional on the

donor's death. Such an implication is, of course, rebuttable by showing that the gift was unconditional, but very clear evidence that such was the donor's intention would be required. The donor's declaration that the gift was intended to be unconditional would be the best evidence on the subject.

Z. Y.

(Q. 28.) INCOME TAX.-I do not think that a bank is bound to deduct tax on paying interest to depositors. Before the bank can be charged, it must be shown either that they have in fact deducted the tax, or were under obligation to do so. That they may deduct is beside the mark. If not deducted, the recipients are bound to include the interest in their return under Schedule D. Z. Y.

(Q. 29.) LIABILITY TO TAXES.-Infants are not exempt from penalties or the consequences of their own torts, though their contracts are in general either void or voidable. Z. Y.

(Q. 30.) WILLS.-The trustees took a power coupled with a trust, and it would seem that the death of A. in the lifetime of the testatrix, destroyed the power, and that A.'s moiety lapsed. The point as to the destruction of the power is not clear: (Jarm. on Wills, vol. 2, p. 245, note n. 3rd edit.; St. Leonards on Powers, 421, 422, 8th edit.) Z. Y.

(Q. 31.) CONDITIONS OF SALE.-The practice is to read the conditions of sale and abide by their language. In the instance given it is the preparation which is to be "at the expense "of the covenantee. The question therefore, is, is perusal preparation? The answer is, no; because the preparation is to be by the covenantee. The perusal of course is not. If the words "by and were omitted the question would arise. To avoid it, however, I always add, "not to be perused and exe cuted at the expense of the covenantor.'


I think A. cannot charge B. with the costs of A.'s own solicitor in perusing and approving the deed and obtaining A.'s execution thereof. It is sometimes expressly stipulated that the covenantor should bear these expenses: (See 1 Davidson's Prec. Conv. 622, 2nd edit.) Z. Y.

(Q. 32.) MERGER. In both cases the rentcharge is at law extinguished, though of course there is an equity in the mortgagees to be replaced in their original position. The mortgages should have been taken in the names of the trustees, and if the lenders were themselves trustees, they ought to have looked out for a different security. Z. Y.



A MEETING of this society was held at the Law Library, Cook-street, on Thursday, Nov. 30, last, Mr. M. P. Jones, solicitor, presiding. The subject for discussion was: Can a woman married since the Married Women's Property Act 1870,' be sued without joining her husband in respect of debts contracted by her before her marriage?" The affirmative was carried by a large majority.

SOLICITORS' BENEVOLENT ASSOCIATION. THE usual monthly meeting of the Board of Directors of this Association was held at the Law Institution, London, on Wednesday last., the 6th inst., Mr. John Smale Torr in the chair; the other directors present being Messrs. Brook, Hedger, Nelson, Rickman, Shaen, Smith, and Veley (of Chelmsford); (Mr. Eiffe, Secretary.) A sum of 901. was distributed in relief of the families of five deceased non-members; three new members were admitted to the association; the annual dinner in aid of the society's funds was resolved to be held at the usual period next year; and other general business was transacted.

ARTICLED CLERKS' SOCIETY. inn Hall, on Wednesday, the 6th Dec. inst., Mr. A MEETING of this society was held at Clement'sH. Lewis Arnold in the chair. Mr. Mozley moved the subject for the evening's debate, viz.: "That there should be a General Amnesty in favour of the Communist prisoners in France." The motion was lost by a majority of one


under the age of twenty-one years legally be the deputy AN extraordinary meeting of this society was held

42. COPYHOLDS-DEPUTY STEWARD.-Can a person steward of a copyhold manor, say for the purpose of taking an occasional surrender ? N. C.


(Q. 24.) EQUITABLE MORTGAGE SECURITY.-There is no legal difficulty in or objection to the creation of a legal mortgage. A conveyance by all the trustees to X. and his heirs to the use of A. and his heirs, would vest the fee simple in A. It is, perhaps, inexpedient that A. should assume the character of a mortgagee, as his interest as mortgagee might clash with his duty as trustee, but if the trustees have power to raise money by mortgage, it would be going too far to say that a fair mortgage to one of themselves was not valid.

[blocks in formation]
[blocks in formation]


FORTING." By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well-selected cocoa, Mr. Epps has provided our breakfast tables with a delicately-flavoured beverage which may save us many heavy doctors' bills."-Civil Service Gazette. Made simply with Boiling Water or Milk. Each packet is labelled-"JAMES EPPS and Co., Homœopathic Chemists, London." Also, makers of Epps's Milky Cocoa (Cocoa and Condensed Milk).



AN inquest has been held on the body of Mr. John Kirkbank, junior partner in the firm of Messrs. Helder and Kirkbank, solicitors, of 10, Gray's-inn-square, who was found dead in his bed on last Wednesday week, at his residence in Calthorpe-street, Gray's-inn-road, he having cut his throat with a razor, which was found lying by his side. Mr. Kirkbank, who was thirty-nine years of age, was admitted a solicitor in Trinity Term 1854; he was unmarried, and, according to the evidence at the inquest, cf regular habits. The jury returned a verdict that the deceased "destroyed himself while in a state of temporary insanity."


The late Mr. Eaglesfield Bradshaw Archibald Lockhart Smith, Barrister-at-law, who died at Edinburgh, on the 18th of November, in the 30th year of his age, was the only son of Eaglesfield Bradshaw Smith, Esq., of Blackwood House, Dumfriesshire, and Eyam, Derbyshire, by Eliza beth, daughter of the late General Sir Paulus Emilus Irving, Bart., of Woodhouse and Robgil, Dumfriesshire. He was born in the year 1841, and was educated at Christ's College, Cambridge, of which he was a Fellow, and where he graduated B.A. 1864. He was called to the Bar by the Hon. Society of Lincoln's-inn only very recently.


The late John Frederic Reeves, Esq., solicitor, who died on the 29th Nov. at 15, Westbournepark-villas, in the sixty-first year of his age, was the second son of the late John Fry Reeves, Esq., of Glastonbury Abbey, Somerset. He was born in the year 1810, and, having been admitted into the Profession as a solicitor, practised for some years at Taunton, where he was head of the firm subsequently carried on by Mr. Archibald Reeves. The deceased gentleman, who was a member of the Incorporated Law Society, was highly respected by all who knew him.


The late Wilford George Brett, Esq., barrister. at-law, who died somewhat suddenly, on the 1st inst., from an attack of paralysis, at his residence, Westfield Lodge, Surbiton, in the fifty-seventh year of his age, was the eldest son of the late Rev. Joseph George Brett, of Ranelagh, Chelsea, by Dora, second daughter of the late James Best, Esq., of Chilaton-park, Kent, and brother of Sir William Baliol Brett, Justice of the Court of Common Pleas. He was born in the year 1814, and was educated at Westminster School and at Magdalen College, Oxford, where he took his Bachelor's degree in 1837. Called to the Bar by the Honourable Society of the Middle Temple in 1840, he has for some years filled the post of private secretry to Lord Romilly, Master of the Rolls, and was highly esteemed by his colleagues on the bench. The deceased gentleman was a magistrate for the counties of Middlesex and Surrey, and in that capacity was attending the Petty Sessions at Kingston last Thursday week, where, it is said, he took more part than usual in the proceedings, having from the effects of an attack of paralysis been prevented at times from attending the court at all. When the business was over, Mr. Brett remained insensible for nearly two hours, and was was leaving the room, but staggered and fell. He taken to his residence at Surbiton, where he died on the following morning.


The late Mr. Alexander Monro, town clerk of Grosvenor-terrace) on the 9th Oct. last, in his 48th Glasgow, who died at his residence in that city (7, year, was a son of the late Mr. Charles Monro, a solicitor of Stonehaven. His eldest brother is Mr. George Monro, an advocate of the Scottish bar, and sheriff of Linlithgow, Clackmannon, and Kinross; another brother of the deceased being the Rev. Dr. Thomas Monro, of Campsie. The late Mr. A. Monro was educated at Stonehaven gram. mar school, and afterwards attended King's col lege, Aberdeen, for a short time. He subsequently removed to Edinburgh, where he studied in the law classes of the university. He acquired his practical legal training in the office of Messrs. Dundas and Wilson, writers to the signet, Edinburgh, where he remained until his appointment as second town clerk of Glasgow, in Feb. 1858. Mr. Monro's election was followed by a keen controversy between the town council and himself, with reference to the terms of his appointment, but notwithstanding any feelings that may have been engendered by the discussions in question, the members of the town council, and those who ever had occasion to transact business with him, have always been ready to acknowledge his great ability as a lawyer, his unvarying industry, and his thorough courtesy. During his official career in Glasgow, Mr. Monro had been engaged in the

most important legal business of the town council, GOODWIN. CHARLES, fancy dealer, Lowther-arcade, Strand; Dec the preparation of the City Improvement Bill having been largely entrusted to him, while the Gas Bill

14, at two, at the Guildhall Coffee-house, Gresham-st Sols., Treherne and Wolferstan, Ironmonger-la, Cheapside GRIFFITHS, THOMAS, chemist, Bideford; Dec. 18, at three, at office of Sols., Woollacott and Leonard, Gracechurch-st

and the Lighthouse Bill, likewise promoted by HARDY, JEFFERY, wine merchant, Plymouth; Dec. 15, at twelve, the town council, received the benefit of his careful supervision. It may be added that Mr. Monro was a member of the English Episcopal Church, and that he leaves a widow, but no family.

[blocks in formation]

Gazette, Dec. 5.

To surrender in the Bankrupts' Court, Ba-inghall-street. BARSHAM, H. B., gentleman, Gloucester-pl, Hyde-pk. Pet. Nov. 3. Reg. Roche. Sur. Jan. 18

CLAYDON, GEORGE, shoemaker, Kingsland-rd. Pet. Dec. 2. Reg. Boche, Sur. Dec. 21

DOWNES, CAMPBELL, civil engineer, Ordnance-rd, St. John'swood, and Gresham-bldgs, Basinghall-st. Pet. Nov. 30. Reg. Pepys Sur. Dec. 19

TITTA CHARLES, upholsterer, Stafford. Pet. Nov. 30. Reg. Pepys. Sur. Dec. 15

To surrender in the Country.

ANG, ASS, dealer in glass, Sunderland. Pet. Nov. 30. Reg. Ellie. Sar. Dec. 18

FARTHING, JOHN SCOTT, and SMITH, THOMAS, seed crushers, Kingston-upon-Hull. Pet. Nov. 30. Reg. Phillips. Sur. Dec. 18 GIBSON, SARAH, beer retailer, Manchester. Pet. Nov. 30. Reg. Key. Sur. Dec. 21

HURRY, JOHN, tarmer, Whittlesey. Pet. Nov. 30. Reg. Gaches.

Sur. Dec. 23

SHAW, JOSEPH, dyer, Halifax. Pet. Nov. 29. Reg. Rankin. Sur.

Dec. 18

WEER, EZRA, cattle dealer, Sutton Courtney. Pet. Nov. 29. Reg.
Bishop. Sur. Dec. 18

Gazette, Dec. 1.

WHITEHEAD, JAMES BENJAMIN, shipowner, Fore-st, Limehouse.
Ang. 3, 1971

Liquidations by Arrangement.

Gazette, Dec. 1.

ADAMS, FREDERICK, butcher, Longsight, near Manchester; Dec. 13, at eleven, at the Clarence hotel, Hyde-rd, Manchester. Sol., Davies, Manchester

ADDISCOTT, HENRY, nurseryman, St. Thomas-the-Apostle; Dec.
15, at eleven, at the Queen's hotel, Queen-st, Exeter. Sol.,
BAKER, JOHN, grocer, Hatton; Dec. 15, at eleven, at the Dog and
Partridge inn, Tutbury. Sol.- Chawner, Uttoxeter

BECK, JOHN, cattle dealer, Skyethorns, near Skipton; Dec. 16, at
two, at office of Sols., Robinson and Robinson, Skipton
BELFITT, WILLIAM, butcher, Whittington; Dec. 12, at three, at
ofice of Sol., Gee, Sheffield

BRAHMA, LEWIS, and BRAHMA, OCTAVIUS, opticians, Southampton-row, Holborn, and Bristol; Dec. 14, at one, at office of Sol., Lewis, Cheapside

BRETTELL, HENRY, auctioneer, Leominster; Dec. 14, at two, at the Great Western Railway hotel, Birmingham. Sol., Andrews, Leominster

BROWN, JOHN READ, major-general in the Indian army, Abbey. gardens, Abbey-rd, St. John's-wood; Dec. 18, at two, at office of J. Comfort, accountant, Grecian-chmbs, Devereux-ct, Temple Sol, Chatterton, Southampton-st, Bloomsbury-sq

BUCK, PHILIP, machinist, Framingham Earl; Dec. 13, at twelve,
at office of Sols., Winter and Francis, Norwich
CHAMBERS, JOHN RICHARD, saddler, Shanklin, Isle of Wight;
Dec. 14, at one, at office of Sole and Turner, Aldermanbury. Sol,
Hooper, Newport

CRAVEN, ADELAIDE, boarding-house keeper, Rode; Dec. 11, at office of Hooper, Ryde

CURTIS, JAMES, and WISEMAN, SAMUEL, cowkeepers, Great Yar
mouth; Dec. 14, at eleven, at 8, Regent-st, Great Yarmouth.
Sol, Clarke, Great Yarmouth
DANS, WILLIAM JOHN, hosier, Nottingham; Dec. 15, at twelve, at
Office of Sol., Belk, Nottingham

DEARLING, WILLIAM, miller, Carshalton; Dec. 15, at half-past three, at the Chamber of Commerce, Cheapside. Sol., Armstrong, Old Jewry

DEELEY, JOSEPH, boot maker, Birkenhead; Dec. 14, at two, at office of Sol., Downham, Birkenhead

EARLE, HENRY, attorney, Bedford-row; Dec. 15, at twelve, at the Guildhall Coffee-house, Gresham-st. Sols., Treherne and Wolferstan, Ironmonger-la, Cheapside

FARLIE, JOHN GEORGE JOSHUA, teacner of music, Woolwich; Dec. 9. at twelve, at 38, Green's-end, Woolwich. Sol., Hughes, Upper Thames-st, and Woolwich

FRAMPTON, THOMAS, publican, Bath; Dec. 8, at eleven, at Marchant's hotel, Bath. Sol., Crutwell, Bath

FULLER, JAMES, painter, Wolverhampton; Dec. 16, at twelve, at office of Sol., Barrow, Wolverhampton

GIBSON, CHARLES, coal merchant, Kendall; Dec. 12. at twelve, at the Bull and Royal hotel, Church st, Preston. Sols., Thompson ind Graham

at office of Sols., Boyes, Fowler, and Co., Plymouth HARPER, WILLIAM CESAR, basket maker, Ramsgate; Dec. 14, at three, at office of Sol., Edwards, Ramsgate HAYWARD, JOHN ROBERT SAMUEL, surgeon, Shirehampton; Dec. 13, at two, at office of Sol., Beckingham, Bristol HOLMES, CHARLES, grocer, Stogursey; Dec. 15, at twelve, at office of Sols., Reed and Cook, Bridgwater

HOLMES, THOMAS MARSHALL FAULKNER, timber merchant, Aston-juxta- Birmingham; Dec. 15, at eleven, at office of Sols., Jelf and Goule, Birmingham

KEYWORTH, HENRY, tinman, Lincoln; Dec. 14, at eleven, at office of Sol., Hebb, Lincoln

LAMBERT, WILLIAM, ironmonger, Southborough, in Tonbridge;
Dec. 13, at three, at the Guildhall Coffee House, London. Sols.,
Stone, Wall, and Simpson, Tunbridge-wells

LEE, WILLIAM, coach builder, Dedham; Dec. 15, at four, at the
Marlborough Head Inn, Dedham. Sols., Messrs. Philbrick,
LEVY, MICHAEL, out of business, Addison-rd, Notting-hill; Dec.
12, at three, at the Bull's Head Inn, Bread-st, Cheapside. Sol.,
Maniere, Great James-st, Bedford-row

MARSH, JOSEPH, watchmaker, Wolverhampton and Bilston; Dec. 12, at eleven, at office of Sol., Langman, Wolverhampton MEREDITH, JORN, innkeeper, Yockleton; Dec. 6, at eleven, at office of Sol., Morris, Shrewsbury

MOGG, THOMAS, cabinet maker, Old Kent-rd; Dec. 11, at two, at 145, Cheapside

NASH, GEORGE, ship chandler, Bristol; Dec. 11, at two, at office of Sol., Beckingham, Bristol

NATION, JOHN, plumber, Wrington; Dec. 14, at twelve, at office of Sol., Perham, Bristol

PHILLIPS, JAMES, farmer, Glandwr, par Llanfyrnach; Dec. 12, at twelve, at the Rutzen Arms, Narberth. Sol., Howell, Llanelly PICKARD, HENRY, architect, Llandudno; Dec. 14, at twelve, at office of Sol, Chamberlain, Llandudno

PIERSON, THOMAS, attorney, Sheffield; Dec. 13, at twelve, at the Cutlers' hall, Church-st, Sheffield. Sol., Fernell, Sheffield ROBERTSHAW, HIRAM, tea dealer, Thornton, par Bradford; Dec. 14, at three, at office of Sol., Moore, Bradford ROBINSON, HENRY, carpenter, Swansea; Dec. 11, at three, at office of Sols., Clifton and Woodward, Swansea RUSE, CHARLES, pewterer, Hereford-pl, Commercial-rd: Dec. 14, at three, at office of Sol., Holmes, Eastcheap SHARP, ADOLPHUS, leather seller, Tabernacle-walk, Finsbury; Dec. 19, at two, at offices of Sols., Norton, Son, and Elam, Walbrook

SHEPHERD, JOHN, out of business, Bradford; Dec. 14, at half-past two, at office of Sol., Pullen, Leeds

SMITH, WILLIAM HENRY, rope maker, Fountain-stairs, Cherry. gdns-st, Bermondsey; Dec. 14, at twelve, at office of Sol., Mote, Walbrook

STEPHENSON, JABEZ, grocer, Hull; Dec. 14, at three, at the Kingston hotel, Scale-la, Hull. Sol., Spurr

SUMMERS, JAMES, baker, Mile End, Bow; Dec. 12, at three, at the Claremont Arms, Upper Grange-rd, Bermondsey. Sol., Bilton, New Bridge-st, Blackfriars

SUMNER, WILLIAM, spindle maker, Preston; Dec. 15, at half-past two, at office of Sols., Cunliffe and Watson, Preston

TILL, CHARLES, baker, Southsea; Dec. 15, at three, at office of Sol., Blake, Portsea

URRY, JAMES, hair dresser, Newport, Isle of Wight; Dec. 11, at three, at 58, Lugley-st, Newport. Sol., Joyce VICKERY, JAMES, blacksmith, Blagdon, par. Pitminster; Dec. 13, at eleven, at office of Sol., Trenchard. Taunton WALKER, JOHN HARNETT, cabinet maker, Whitstable; Dec. 14, at three, at the City Terminus hotel, Cannon-st. Sols., Sankey, Son, and Flint, Canterbury

WARREN, GEORGE, general in Indian army, Bognor; Dec. 18, at twelve, at office of Sol., Holt, John-st, Bedford-row WELLER, EDWIN, farmer, Bevendean; Dec. 14, at twelve, at office of Sols., Black, Freeman, and Gell, Brighton WHITE, JAMES, gentleman. Slough; Dec. 14, at twelve, at Kings. ford and Dorman, solicitors, Essex-st, Strand. Sols., Sankey, Son, and Fint, Canterbury

WHITE, MATTHIAS GEORGE, gasfitter, Landport; Dec. 14, at eleven, at office of Sol., Walker, Portsea WILKINSON, RICHARD, saddler, Broseley; Dec. 20, at two, at office of Sols., Messrs. Broughall, Shrewsbury

Gazette, Dec. 5.

BAGSHAW, THOMAS, joiner, Matlock; Dec. 29, at ten, at the Gate Inn, Matlock Bath. Sol., Neale

BRABIN, WILLIAM, butcher, Chester; Dec. 16, at half-past two, at office of Sol., Churton, Chester

CASH, JOHN, farmer, Bilsby; Dec. 18, at three, at office of Sol., Mason, Alford

CHARMBURY, WILLIAM, miller, Bathampton; Dec. 18, at eleven, at office of Sols., Little and Little, Bath

COZENS, GEORGE EDWARD, grocer's assistant, Bloomsbury st; Dec. 21, at three, at 66, Guildford-st, Russell-sq. Sol., Craven DAVIDSON, GOLDIE THOMAS, stationer, Sheffield; Dec. 18, at three, at office of Sols., Clegg, Sheffield DEVEREUX, WILLIAM, painter, Earlestown; Dec. 18, at eleven, at offices of Messrs. Davies and Co., Warrington. Sols., Davies and Brook, Warrington

DIXON, GEORGE, and SMITH, HENRY, grocers, Cockspur-st,
Charing-cross, and Studley-rd, Clapham, and Rochester-rd,
Camden-rd; Dec. 20, at twelve, at office of Messrs. Broad,
public accountants, Walbrook-bldgs. Sol., Ashby, Clement's-la,
EMERSON, CHARLOTTE, widow, farmer, Holkham; Dec. 20, at
eleven, at office of Sol., Garwood, jun., Wells
FARROW, GEORGE LAZANBY, bricklayer, Kingston-upon-Hull;
Dec. 8, at three, at the Kingston hotel, Hull. Sol., Spurr
FISCHER, CHARLES, licensed victualler, Maddox-st, Regent-st;
Dec. 18, at two, at office of Sols., Tilley and Shenton, Finsbury.
pl South
FOYLE, THOMAS, tailor, Warminster; Dec. 19, at half-past twelve
at the George hotel, Trowbridge. Sols., Dunn and Payne,
GARTON, MARMADUKE, shoemaker, Kingston-upon-Hull; Dec.
18, at eleven, at office of Sol., Barker, Kingston-upon-Hull
GIBBONS, EDWARD, farmer, Ightham; Dec. 15, at three, at the
Chequers Inn, Ightham. Sol., Downing, Basinghall-st
GREEN, JOHN, tailor, Ourdle; Dec. 20, at twelve, at offices of
Messrs. Spyer, attorneys-at-law, Winchester House, Old Broad-
st. Sols., Messrs. Richardson, Óundle

GUEST, GEORGE, licensed victualler, Gornal Wood, par. Sedgley;
Dec. 14, at three, at office of Sol., Stokes, Dudley
GURNEY, WILLIAM, grocer, Bedford; Dec. 22, at eleven, at
office of Sol., Mitchell, Bedford

HARBRIDGE, JAMES, farmer, Cannock; Dec. 15, at eleven, at offices of Sol., Glover, Walsall

HARRIS, WILLIAM, cabinet maker, Birkbeck-rd, and Schofield-rd, Upper Holloway; Dec. 14, at two, at offices of Sol., Shapland, Staple-inn, Holborn

HAYWARD, HENRY, currier, Yeovil; Dec. 18, at one, at the Mermaid hotel, Yeovil. Sol., Beckingham, Bristol HENKEL, ADAM, boot maker, Talbot-rd, Paddington; Dec. 22, at three, at office of Rule and Head, Westbourne-grove, Bayswater. Sol., Welman, Great George-st, Westminster HOPKINS, JOHN, soda water manufacturer, Southampton; Dec. 15, at two, at office of Sol., Kilby, Southampton HOPKINS, WILLIAM, painter, Bath; Dec. 13, at half past eleven, at office of Sol.. Wilton, Bath HOUGHTON, JAMES JOSEPH, refreshment-room keeper, Basing. stoke and Netley; Dec. 21, at one, at the Red Lion hotel, Basingstoke. Sol., Chandier, Basingstoke

HOYES, EDWARD, and HOYES, GEORGE, builders, Nottingham; Dec. 18, at twelve, at office of Sol., Belk, Nottingham JONES, WILLIAM SAVILLE, glass merchant, Leeds; Dec. 19, at two, at offices of Sols., G. A. and W. Emsley, Leeds KAYE, JAMES, builder, Barnsley; Dec. 28, at half-past two, at offices of Sol, Dibb, Barnsley

KINGSLAND, RICHARD, ironfounder, Brighton; Dec. 19, at eleven at office of Sol., Foster, Birmingham LAYCOCK, RICHARD, saddler, Bradford; Dec. 18, at three, at office of Sols., Lees, Senior, and Wilson, Bradford LEWIS, THOMAз, beerhouse keeper, Wolverhampton; Dec. 18, at three, at offices of Sol.. Stratton, Wolverhampton LINDO. ALEXANDRE, shipping agent, Colebrooke-row, Islington; Dec. 15, at two, at office of Sols., Sampson, Samuel, and Emanuel, Finsbury-circus

LOWE, CHARLES, coal dealer, Heaton Norris; Dec. 18, at three, at office of Sol., Brown, Stockport

MARCHANT, RICHARD, miller, Withyham; Dec. 18, at three, at the Sussex Hotel, Tunbridge Wells. Sol., Head, jun., Cannon-st

MATHER, CHARLES JAMES, working jeweller, Bath; Dec. 18, at eleven, at office of Sol., Bartrum, Bath MATTHEWMAN, HENRY, and MATTHEWMAN, JOHN, ale merchants Knaresborough, Dec. 21, at one, at the Crown hotel, Knaresborough. Sols., Hirst and Capes, Knaresborough MEDDINGS, JAMES, cabinet maker, Evesham; Dec. 15, at twelve, at office of Sols., New, Prance, and Garrard, Evesham MERRICK, MARTHA, crape trimming manufacturer, Adelphi-ter, Victoria-pk; Dec. 18, at eleven, at 55, Basinghail-st. Sol, New MILLINGTON, THOMAS HENRY, no occupation, Tipton; Dec. 21, at eleven, at office of Sol., Greenway, Wolverhampton MOSLEY, JOHN MARLOW, bookseller, Leeds, Dec 18, at two, at offices of Simpson and Beevers, accounants, Leeds. Sol., Whiteley, Leeds

MUDD, RICHARD, woollen draper, West Hartlepool; Dec. 20, at eleven, at office of Sol., Pullan, Leeds

MULLER, AUGUSTUS WILLIAM, manager to a soap manufacturer,
Leeds; Dec. 22, at three, at offices of Sol., Harle, Leeds
MUNNION, WILLIAM, assistant to an upper manufacturer, Corn-
wallis-rd, Upper Holloway: Dec. 12, at twelve, at offices of the
Anti- Bankruptcy Association, Weavers'-hall, Basinghall- st.
Sol., Cat lin, Basinghal -st
OWEN, JOSEPH, shoe manufacturer, Dudley; Dec. 16, at three, at
office of Sol., Lowe, Birmingham

PASHLEY, WILLIAM, chandler's shop keeper, Sutterton-st, Caledonian-rd, Islington; Dec. 14, at three, at office of Sol., Marshall, Lincoln's-inn-fields

PECK, THOMAS, painter, Barnsley; Dec. 21, at eleven, at office of Sol., Rogers, Barnsley

PLUMTREE, GEORGE, butcher, Epworth; Dec. 15, at two, at office of Messrs. Collinson, Parkin, and Littlewood, Epworth. Sols., Burdekin, Smith, and Pye-Smith

POLKINGHORNE, EDWIN SHERMAN, brewer, Penzance; Dec. 14, at eleven, at office of Sol., Trythall, Penzance PORTER, WILLIAM, draper, Twyford; Dec. 15, at twelve, at Sols.. offices of Ladbury, Collinson, and Viney, Cheapside. Davidsons, Carr, Bannister, and Morriss, Basinghall-st PRETIOUS, THOMAS, hatter, Piccadilly; Dec. 18, at two, at office of Sol., Taylor, Old Burlington-st

PRICE, JOHN, baker, Ruthin; Dec. 16, at twelve, at the Wynnstay Arms hotel, Ruthin. Sol., Lloyd, Ruthin

REDFEARN, DENTON, wheelwright, Wakefield; Dec. 15, at two, at offices of Sol., Barratt, Wakefield

RENDER, GEORGE, tailor, Northallerton; Dec. 19, at two, at the
Queen's hotel, Leeds. Sol., Waistell, Northallerton
RICHARDS, DAVID BROWN, innkeeper, Dafen, par. Llanelly
Dec. 18, at twelve, at office of Sol., Hervel, Llanelly
ROBINSON, EDGAR LANDEN, grocer, Warnford; Dec. 22, at two, at
the Junction hotel, Bishopstoke

ROBINSON, JAMES, innkeeper, Whitby; Dec. 20, at two, at 38.
Flowergate, Whitby. Sols., Gray and Pannett

ROBINSON, THOMAS, farmer, Bniton Agnes; Dec. 20, at three, at the Black Lion hotel, Bridlington. Sol., Summers RUDRUM, FRE B 1C. out of business, Norwich; Dec. 18, at one, at office of Messrs. Gamble and Harvey, accountants, Colemanst. Sol., Stanley, Norwich

SEARLE, WILLIAM, ship broker, Liverpool; Dec. 22, at three, at office of Sols., Etty, Liverpool

SHACKLETON, ABSALOM SAMUEL, and CHAPMAN, JOHN, whole. sale and retail confectioners, Newcastle-upon-Tyne; Dec. 18, at two, at offices of Mr. T. Bowden, accountant, Newcastle-uponTyne. Sols., Joel, and Ingledew and Daggett, Newcastle uponTyne

SHENTON, THOMAS, licensed victualler, Rowley Regis; Dec. 14, at eleven, at office of Sol., Stokes, Dudley

SLACK, WILLIAM, milliner, Sheffield; Dec. 15, at eleven, at office of Sol., Fairburn, Sheffield

SNELLING, ALFRED, boot maker, Sittingbourne; Dec. 15, at eleven, at offices of Sol., Gibson, Sittingbourne

SPICER, CHARLES, stationer, Johnson's-pl, Harrow-rd; Dec. 21, at twelve, at office of Harris, Wreford, and Co., accountants, Exeter. Sol., Trehane, jun., Exeter

Northampton; Dec. 15, at twelve, at the Wentworth hotel,
Peterborough. Sols., Deacon and Wilkins, Peterborough
TILEY, WILLIAM, butcher, Woodchester; Dec 26, at half-past
twelve, at office of Sol., Winterbotham, stroud
TURNER, JAMES, and LOWE, JOHN, bootmanufacturers, Leicester;
Dec. 7, at one, at office of Sol., Ouston, Leicester
URRY, DANIEL BARTON, brickmaker, Shanklin; Dec. 15, at
three, at office of Messrs. Fardell a d Woodridge, Sandown
WALKER, WILLIAM, and WALKER, JAMES, drapers, Maidstone;
Dec. 15, at twelve, at offices of Sols., Reed and Lovell, Guild-
hall-chmbs, Basinghall-st

WALLING, SAMPSON, grocer, Littlehampton; Dec. 20, at twelve, at the Chamber of Commerce, Cheapside, Sol., Brandreth, Brighton

WATLING, CHARLES, coach builder, Pentonville-road; Dec. 14, as two, at office of Mr. T. Ager, Barnard's-inn. Sol., Roberts WHYTE, MARY JANE, milliner, Bedford; Dec. 11, at three, at office of Sol., Stimson, Bedford

WILSON, JOHN, jeweller, Gainsborough; Dec. 23, at eleven, at office of Sol., Rex, Lincoln WOODROFFE, CHARLES, tailor, Masborough; Dec. 22 at twelve, at office of Sol., Smith, Sheffield

WOODRUFF, JOHN, out of business, Marple, near Stockport; Dec. 18, at three, at office of Sol., Sampson, Manchester WRIGHT, JOHN FLETCHER, victualler, Bicester; Dec. 18, at twelve, at offices of Sol., Berridge, High-st, Marylebone, and Bicester, Oxon

ZOLLER, GEORGE, restaurant keeper, Cullum st; Dec. 7, at thres.. at 1, Cullum-st. Sols., Barton and Drew, Fore-st

[blocks in formation]

HEMMING.-On the 4th inst., at 3, Fairfax-road, the wife of G. W
Hemming, Esq., barrister-at-law, of a daughter.
PUGH.-On the 2nd inst., at 21, Granville-place, Portman-square,
the wife of L. P. Pugh, Esq., barrister-at-law, of a son.
WILKIN. On the 2nd inst., at Wakefield, the wife of Charles A.
Wilkin, solleitor, of a daughter.

BOWEN-GRAVES.-On the 30th ult., at Mickleton Church, Francis.
R. R. Bowen, Esq., of the Inner Temple, to Frances Elizabeth,.
only child of Sir Maxwell and Lady Steele Graves, of Mickleton
Manor-house, Gloucestershire.

DEATHS. KIPLING.-On the 29th ult., John Philip Kipling, solicitor, age 63, Leighton Buzzard. KIRKBANK.-On the 29th ult., at 11, Calthorpe-street, aged 39 John Kirkbank, Esq., of Gray's-inn, solicitor. LLOYD.-On the 26th ult., at Holles-street, Cavendish-square, aged 29, William Hodson Lloyd, barritser-at-law, of the Middle Temple, and of the Midland Circuit.

PAYNE. On the 30th ult., at Fairford, Gloucestershire, aged 6 G. A. Payne, Esq., M A., barrister-at-law.



192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E. Carriage paid to the Country on Orders exceeding 20s.

DRAFT PAPER, 48. 6d., 68., 78.,78. 9d., and 98. per ream.
BRIEF PAPER, 158. 6d., 178. 6d., and 238. 6d. per ream.
FOOLSCAP PAPER, 108. 6d., 138. 6d., and 188. Gd. per ream.
CREAM LAID NOTE, 38., 18., and 58. per ream.
LARGE CREAM LAID NOTE, 48., 68., and 78. per ream.
LARGE BLUE NOTE, 38., 48., and 68. per ream.
ENVELOPES, CREAM OR BLUE, 48. 6d., and 68. 6d., per 1000.
THE TEMPLE ENVELOPE, extra secure, 9s. 6d. per 1000.


[merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors]



OKE, of the Mansion House, London, for Justices' Clerks' Account of Fees received by them. The headings are-date; subject of entry; fees earned; fees debited in ledger; ledger folio; current fees received; tines, fees, &c., credited; ledger folio; fines, fees, &c., repaid; office expenses.

A specimen sheet sent to any applicant. PRICES.-One quire, 58.; two quires, ss.; three quires, 118.; four quires, 14.; five quires, 178.; six quires, 208.; half-bound; or in sheets unbound, 38. per quire.

May be obtained direct, or through, by order, any book. seller. HORACE COX, 10, Wellington-street, Strand, London.

"Lyell's Elements of Geology," and facilitate the important Study of Mineralogy and Geology, can be had at 2, 5, 10, 20, 50, to 500 guineas; also single specimens of Minerals, Rocks, Fossils, and Recent Shells, Geological Maps, Hammers, all the recent publications, &c., of J. TENNANT, Mineralogist to Her Majesty, 149, Strand.Private Instruction is given in Geology and Mineralogy by Mr. Tennant, F.G.S., at his residence, 149, Strand, W.C.




PATENT THERMOPODION, portable FOOT WARMER.-Sufferers from coldness of the extremities or languid circulation should test this neat and improved article for imparting heat, surpassing the antique water bottle, inasmuch as a uniform heat for an indefinite period can be retained at an infinitesimal cost. Especially valuable for railway travelling, the carriage, or study. Light, portable, and ornamental.-To be obtained of all leading Furnishing Warehouses, Drapers, Chemists, in imitation sealskin, Price 218.

Sole Manufacturers, SPENCE and CO., 6, Leather-lane, E.C.

[blocks in formation]


198. per 100, and superior to many sold at 30s.. and acknowledged by gentlemen to be as good many cigars for which they pay 6d. each.

In consequence of Messrs. Bewlay and Co.'s enormous stock of Foreign Cigars, gentlemen can always depend upon getting them thoroughly well seasoned, and at a moderate price.

Messrs. Bewlay and Co. are practically acquainted with their trade, and can therefore recommend their goods with the greatest confidence, as they only make purchases when the crops are really good.

They particularly call attention to the Muria brand, which is undoubtedly the finest that can now be had.

EWLAY and CO., Importers to the Royal at 49, Strand, 100 years. Wholesale and Retail.

ANILLA CIGARS.-Messrs. VENNING just received a consignment of No. 3 MANILLA CIGARS, in excellent condition, in boxes of 500 each. Price 50s. per box. Orders to be accompanied by a remittance. N.B.-Sample boxes of 100, 108. 6d.








of the Pianoforte Makers, by which anyone who Hires an Intrument and pays the Hire for that period, becomes the ABSOLUTE OWNER OF THE PIANOFORTE. Previously to the introduction of this plan it was almost s difficult for those of limited income to buy a good Pianoforte as o BUY A HOUSE; and persons went on year after year, paying for the Hire of an Instrument, and expered as much money as would have bought the Pianoforte several times over.

What will hold good for Pianofortes will hold good for HOUSES; and there are many who would no doubt AVAIL THEMSELVES OF THE OPPORTUNITY, if it was afforded them, of becoming


in the same way as they have already become the owner of their pianoforte. THE DIRECTORS

[blocks in formation]



[blocks in formation]

Excenting Payment of the Law Charges for the Title Deeds, which in all cases will be restricted to Five Guineas.

[blocks in formation]

New System of Purchasing a House,


1. Persons of Limited Income, Clerks, Shopmen, and others, may, by becoming Tenants of the BIRKBECK BUILDING SOCIETY, be placed at once in a position of independence as regards their Landlord.


3. They CANNOT BE TURNED OUT OF POSSESSION so long as they pay their Rent.

4. NO FEES or FINES of any kind are chargeable.

5. They can leave the House at any time without notice, rent being payable only to the time of giving up possession.

6. If circumstances compel them to leave the House before the completion of their Twelve and a half Years' Tenancy, they can Sub-let the House for the remainder of the Term, or they can Transfer their right to another Tenant.

7. Finally, NO LIABILITY or RESPONSIBILITY of any kind is incurred, beyond the Payment of Rent by those who acquire Houses by this New System.

The BIRKBECK BUILDING SOCIETY have on their Test several HOUSES, which they are prepared to LET on he TWELVE AND A HALF YEARS' SYSTEM, and in any cases Immediate Possession may be obtained. The Terms on which Houses can be placed on this Register may be obtained on application to


To Readers and Correspondents.

All anonymous communications are invariably rejected.

LORD JUSTICE JAMES has thrown out a hint which may be usefully taken by County Court Judges. It seems to be the practice in bankruptcy for witnesses to be examined before a Registrar, who,

All communications must be authenticated by the name and address of the writer, in case of difficulty, reports to the Court; or the case is taken to not necessarily for publication, but as a guarantee of good faith.

[merged small][ocr errors][ocr errors][merged small][merged small][merged small]

The volumes of the LAW TIMES and of the LAW TIMES REPORTS, are strongly and
uniformly bound at the office, as completed, for 58, 6d. for the Journal, and 4s. 6d.
for the Reports.
Portfolios for preserving the current numbers of the LAW TIMES, price 5s. 6d., by

post, 5d. extra.

LAW TIMES REPORTS, price 3s. 6d., by post, 3d. extra.

[blocks in formation]


the Judge on appeal. Thus it happens that questions of fact are not tried before the Judge at all. In a case of alleged fraudulent preference, before the LORDS JUSTICES during last Term, LORD JUSTICE JAMES said that if a Judge of a County Court heard witnesses himself or had questions of fact tried by a jury "the decision of the County Court on a question of fact would never be reversed on appeal unless it were plainly contrary to the evidence." The tribunal of the Registrar is very useful in its way, but if its functions are to be enlarged so as to diminish the effectiveness of the decisions of the Judge it will be a very great evil.

THE Pall Mall Gazette has made a somewhat serious charge against solicitors, which is, in effect, that they are in the habit of keeping purchasers out of their title deeds when money is cheap, in order to obtain the 5 per cent. on the amount of the purchase money, which, it is said, they are entitled to charge "by Act of Parliament." The further allegation is made that the profits so derived are put in the pockets of the solicitors. The reign, the year, and the chapter of the Act of Parliament are not given-no such Act is in existence. And if there are a few dishonest practitioners who, to favour their clients-for to suggest that the solicitors can put the money in their own pockets is absurd-drive a purchaser to the door of a court of equity before they hand over the title deeds, the 113 number must be very limited, and without stronger evidence than the ipse dixit of our contemporary we altogether discredit the










115 115

The Despatch of Parliamentary Business 116
Reports of Sales

When Life Insurance Policy Effective
Without Prepayment of Premium......

Notes of New Decisions












MR. VERNON HARCOURT'S complaints of the law's' delays in the courts of appeal are perfectly just. But was the evidence which he adduces in the least degree necessary to convince anybody of the accuracy of his conclusions? All persons in authority are familiar with the utter uselessness of the Court of Exchequer Chamber. It is a tribunal which has stood condemned in the estimation of the Profession for years past. Every objection which can be urged against the continued existence of a court applies to the Court of Exchequer Chamber. Too frequently it is divided and overrules by a bare majority the decisions of a unanimous court. The number of Judges which it requires causes great 119 inconvenience to the courts from which the appeals do not come, leaving them in so unsatisfactory a condition as to diminish the weight of their decisions, and therefore the probability of these decisions being accepted as final. And moreover a beaten suitor rarely stops at the Exchequer Chamber, but goes on to the House of Lords, to which he ought to be able to go direct with the No reasonable certainty of obtaining an immediate hearing. single voice, we are quite certain, would be raised in support of the Exchequer Chamber. The Judges would gladly see it abolished, 123 and the Profession would welcome anything which removes from them the scandal of procrastination and delay. All the world being agreed as to the existence of grievances connected with the administration of the law, Mr. HARCOURT's earnest representations were hardly necessary, and if he would take as vigorous measures in Parliament as he does in the Press and on the platform, we might soon arrive at some practical result.


Metropolis Local Management Act25 & Vict. c. 102, ss. 75, 107..





Stock and Share Markets..

Locke King's Act (17 & 18 Vict. c. 113),
and Amending Act (30 & 31 Vict. c. 69) 555


Notes of New Decisions

Court of Queen's Bench (Ireland)...

....... 117

[blocks in formation]

Stock Exchange Practices



Will-Estate tail-Charge


REG. (on the prosecution of the Assess-
ment Committee of St. Pancras),


Notes of New Decisions


Salvage Reward


Court of Session; Edinburgh

[blocks in formation]

Irish Criminal and Judicial Statistics..... 126 THE Lodgers' Goods Protection Act has already proved that it is





[merged small][ocr errors][merged small]

THE attorneys in Ireland are attempting encroachments on the Bar. In a recent report of the Society of Attorneys and Solicitors, a resolution is noticed to the effect"That it be an instruction to the council to take such steps as may be requisite to obtain for the profession of attorneys the right of being fully heard as advocates in the Crown Court at assizes when defending prisoners or opposing or supporting grand jury presentments.' Communications have been made to the Clerks of the Crown in each county, but no satisfactory result upon which a report could be made has

yet been attained.

VOL. LII.-No. 1498.

no exception to the great bulk of the law as made by Parliament.
A case came before Mr. MANSFIELD, the Police Magistrate, last week,
in which the question was raised whether, where a lodger bought
the goods of a tenant upon which the landlord had distrained and
allowed them to remain in the tenant's possession, to be bought back
when convenient to the tenant, such goods could be a second time
For the landlord who distrained
distrained upon by the landlord,
it was contended that the tenant had a beneficial interest in .
the property, and that the Act was intended only to apply
to goods in the possession of the lodger. Clearly if it could
be shown that a tenant had any property in the goods of
the lodger they would be liable to distress. The Act says,
that the lodger must make a declaration that the tenant has no
property or beneficial interest in the goods threatened or dis-
trained upon. If, notwithstanding this declaration, the landlord
distrains and fails to prove that his immediate tenant had some
interest in the goods, he will be liable to a penalty. On the evi-
dence in the case before Mr. MANSFIELD he dismissed the summons
which the opinion of a Superior Court could be taken. It appears
and expressed a doubt whether any point of law was raised on
to us that where the goods of a tenant are purchased by a lodger,
and an arrangement made by which the purchase becomes in
reality only an hypothecation, the tenant having the right to
redeem, when he is able, if the case is not outside the Act it is only
just within it. Such transactions may have all the effects of a bill
his furniture to different lodgers unknown to his landlord, whose
of sale, and registration be avoided. A tenant might transfer all
right to distrain would be utterly defeated. Parliament cannot have
contemplated such a state of things.

[ocr errors]


THE scheme of education and examination set on foot by the Inns of Court leaves attorneys and solicitors to the Incorporated Law Society. A correspondent draws attention to the fact that formerly attorneys and solicitors were members of Gray's-inn, and from this we may deduce that they have a claim on the Inns of Court which ought to be recognised. He writes:- It is but little known that the Inns of Court and Chancery were originally established for the education and instruction as well of attorneys as of students for the Bar. Your legal readers will knd this in the case of Rex. v. The Principal and Antients of Barnard's Inn (5 Ad. & Ell.). The present inquiry as to the efficiency of the regulations of the Inns of Court, and the appropriation of their funds is of paramount importance, and is in the able hands of Sir ROUNDELL PALMER and other eminent jurists. The Honourable Society of Gray's-inn, of which (though an attorney) I have been thirty years a member, is reputed to have an income of 7000l. a year-I believe more. During the last three years, consisting of twelve terms, only fourteen students have been called to the Bar. Several of these barristers so called, have not, nor ever had, any intention of studying or practising law. At the same time, students admitted members of the inn, and afterwards becoming attorneys, have been expelled the society solely on the ground of their becoming such. It is remarkable that several of the present benchers of Gray's-inn have risen from the rank of attorneys, though they now exclude their quondam brethren from the society. If, as I believe, 21,000l. has been spent in three years in the call of fourteen gentlemen to the Bar, the moderate sum of 15007, has been expended on each of them."


IF credit is to be given to newspaper reports of the Tichborne trial, the points of law which occasionally rise during its slow progress are dealt with in a somewhat peculiar manner. A few days ago, counsel for the plaintiff objected to the production, for admission in evidence, of a certain document, on the ground that it was in the nature of a confidential document between client and attorney. This objection is an intelligible one, and is daily allowed in our courts of justice. But it was not so in the instance to which we would refer, and the remarks of the Judge on the objection seem to us, with all due deference, to be rather of a novel if not of a startling character: "The Court has power," said Lord Chief Justice Bovill, "To make an order for the discovery of documents, and if there is any particular document as to which I have no power, the Court of Chancery has power, and if the documents were in your (the plaintiff's) possession you would be bound to lodge them in the Court of Chancery. If there is any difficulty raised about the production of documents an application could be made to me or to the Court of Chancery, and I should exercise the fullest jurisdiction I possessed in compelling the production of documents in the possession of either parties." Counsel still objected, contending that the jurisdiction did not apply, and that his objection, if worth anything, went to all the jurisdictions; but the Judge, remarking that it was a waste of time-a remark, perhaps, pardonable, because of the severe trial on his Lordship's patience, which the slow progress of the trial involves-declined to entertain it.

The subject of privileged communications is of so much importance, and has been so thoroughly well considered, that it might be imagined that there could be no difference of opinion on it. The position of attorney and client is considered to be so sacred that the former is not to give in evidence anything whatever said to him by his client in that capacity. It would be absurd for us here to enumerate the cases in which this has been held, for it is one of the clearest points in our law of evidence.

The privilege extends not only to information conveyed directly by the client to his legal adviser-such as statements by word of mouth, or communications by letter, but to all deeds, papers, and documents entrusted by the client to his care-these the legal adviser is entitled to refuse to produce or to give any information respecting them: (Robson v. Kemp, 5 Esp. 54.) In another case an attorney was asked to produce a document, but refused to do so on the ground of privilege, inasmuch as it was his client's deed, and given to his care in his capacity of legal adviser. Being asked by the counsel on the opposite side what it was, the Judge ruled he was not obliged to answer: (Volant v. Sawyer, 13 C. B. 231.) There is a stronger case still to show how sacredly the law looks upon the position of client and attorney. We refer to the case of Newton v. Chaplin (10 C. B. 356), in which it was held an attorney who held a document for a client could not be compelled to produce it though required to do so by a person who had an equal interest in it with his client.

It is true in the Tichborne case a gentleman who for a time conducted the plaintiff's case has ceased to do so; but that does not in the slightest degree interfere with the application of the above rule. It is quite clear that whatever documents were entrusted to him as attorney for the claimant cannot be produced in evidence without the consent of the claimant himself, or through his counsel. And with regard to the power invested recently in the Courts of Common Law of ordering the discovery of documents it can only be exercised in a similar way to which it had of all times been exercised by the Court of Chancery. And so far as we have been

able to see in no instance has the latter Court ordered the produc tion of documents which were objected to on the ground of privilege. And if the Court had power to do what the Lord Chief Justice intimated it had what is the use of a rule which can be so evaded?


[ocr errors]

THE amount of personal injury and human misery caused by a want of due attention to the dictates of science respecting noxious vapours and accumulations has suggested, even to the non-legal mind of the Times, that wrong-doers should be made responsible in damages to those whom their neglect may injure. If," says our contemporary, "we regard the subject from a practical point of view, it must be confessed that any legal supervision of the construction and maintenance of dwelling-houses would be, if not impossible, at least very difficult, and thoroughly alien from the spirit of English institutions. But an effectual remedy for the evils complained of might probably be found by the application of the familiar principle that wrong-doers, or persons responsible for the wrong-doing of others, are liable to pay pecuniary damages to those whom their acts or defaults have injured. We know that nearly all, if not all, cases of typhoid arise from the contamination of drinking water by sewage, or from the permeation of dwellings by sewer gas. In order that such contamination or permeation may occur, somebody must be in fault-either the local authority, responsible for the public works; the owner of the premises, responsible for the original construction of the private works; or the occupier, responsible for their maintenance in a state of efficiency." Upon this it is proposed that a short Act of Parliament should be passed. "providing that after the lapse of one year from its enactment, any corporation or person who was found by a jury to be responsible for having caused typhoid fever should be liable to pay pecuniary damages to any who suffered from the disease, or to the representatives of any who fell victims to it."

Now unfortunately there is a principle of our law which discourages the multiplicity of suits, and upon which has been founded the distinction between the remedies for private and public nuisances. For a private nuisance an action will now liefor a public nuisance an indictment only will lie, unless the plaintiff has suffered some particular damage. The scope of this doctrine has been very attentively considered in recent cases. In Winterbotham v. Lord Derby (L. Rep. 2 Ex. 321), the LORD CHIEF BARON said that it was impossible to look at the judgments of the Law Lords in the case of Ricket v. The Metropolitan Bailway Company without seeing that they thought the law had been too far extended in the direction of allowing this description of action to be brought, and it is very doubtful, therefore, whether Parliament would voluntarily breed multiplicity of suits to compel the observance of sanitary precautions. The reason of the distinction in point of principle between the remedies for public and private nuisances is perfectly plain. Imagine an epidemic of typhoid fever arising from the carelessness and negligence of contractors. An entire community of injured persons bring actions against the contractors, and one verdict being given against the contractors they would be absolutely ruined in a very short space of time. In such cases of public nuisance the law now says that unless an individual plaintiff is damnified to a greater extent than his neighbours he shall not maintain an action, but the offender may be indicted. A private nuisance, on the other hand, is limited in its effects. Your neighbour builds a pigstye close to your drawing-room window so as to render the enjoyment of your residence impossible, or even uncomfortable. He is liable to an action at your suit, and there the matter ends.

We have dealt with the subject on elementary principles without reference to the difficulty of fixing with certainty any particular disease upon any particular nuisance. Our contemporary says that in the generality of cases no such difficulty would occur, whereby he means that there might be a reasonable moral certainty. That, however, is someway removed from a legal certainty which a court of law would regard as justifying the finding of a jury. Such a proposition, however, as that to which we have referred cannot be seriously discussed in view of the settled principles of our law-principles which we must think that Parliament could hardly venture to disturb even whilst affected by the excitement caused by the imminent danger of the Heir to the Throne.

Our sanitary laws appear to us to be sufficient. This is shown by a glance at the powers conferred upon local authorities by the several Acts relating to nuisances, which are summarised in Mr. OKE's Synopsis (p. 1189), where it will be seen that the local authority has power to appoint a committee to receive notices and take proceedings, to appoint inspectors of nuisances at a salary, to procure sanitary reports and pay for the same a power which might be exercised more frequently with great public advantageand to abate a nuisance, and charge the cost of abating same to person on whom the justice's order is made. By 29 & 30 Vict. c. 90, s. 20, it is the duty of the nuisance authority to make from time to time, either by itself or its officers, inspection of the district, with a view to ascertain what nuisances exist, calling for abatement under the powers of the Nuisance Removal Acts, and to enforce the provisions of the said Acts. Nuisances, as defined


« EelmineJätka »