« EelmineJätka »
the steward to insist upon the will being proved before the legacy, will only pay duty on 10001. As to legacy
LEGAL OBITUARY. admitting the trustees, or upon having a certificate duty being charged on such a donation, see 36 Geo. 3, or note from the parties applying for admission (see c. 52, 6. 7, 8; 9 Vict. c. 76, s. 4. If the assets be insects. 83 & 84) that all ad valorem duties in respect sufficient for creditors, the donatio is liable to make
MR. J. KIRKBANK. of such will have been duly paid, or that none are good their claim.
Z. Y. An inquest has been held on the body of Mr. payable ? B. S.
John Kirkbank, junior partner in the firm of
(Q. 26.) Doxatio MORTIS CAUSA.-E. G. says that it Messrs. Helder and Kirkbank, solicitors, of 10, 35. THE STATUTE OF FRAUDS.-A. took a farm from
would be implied that the gift was conditional on the B. and C. as agents for D., the landlord. At the time donor's death. Such an implication is, of course, re
Gray's-inn-square, who was found dead in his bed of the letting and taking the solicitor acting for B. and buttable by showing that the gift was unconditional, on last Wednesday week, at his residence in C. wrote down the terms thereof on paper, which were but very clear evidence that such was the donor's in Calthorpe-street, Gray's-inn-road, he having cut afterwards intended to be embodied in an agreement to tention would be required. The donor's declaration his throat with a razor, which was found lying by be signed by the parties. A. entered upon, and took that the giit was intended to be unconditional would be his side. Mr. Kirkbank, who was thirty-nine possession of, the farm at once, and has occupied it for the best evidence on the subject.
Z. Y. the last two years, but no agreement has ever been
years of age, was admitted a solicitor in Trinity signed as was intended in pursuance of the aforesaid (Q. 28.) INCOME TAX.—I do not think that a bank is Term 1854; he was unmarried, and, according to terms. One of the terms written down was worded as bound to deduct tax on paying interest to depositors. the evidence at the inquest, cf regular habits. follows: “ The tenant agrees not to plough up the old Before the bank can be charged, it must be shown The jury returned a verdict that the deceased grass land.”
It is evident that such an agreement as either that they have in fact deducted the tax, or were “ destroyed himself while in a state of temporary this, to be_valid, ought, by the 4th section of the under obligation to do so. That they may deduct is Statute of Frauds (29 Car. 2, c. 3), to be in writing, beside the mark. If not deducted, the recipients are
E. B. A. L. SMITH, ESQ.
Z. Y. cept (1) There is part performance. (2) Part payment
The late Mr. Eaglesfield Bradshaw Archibald with a view, &c. Or (3) The agreement is admitted by (Q. 29.) LIABILITY TO TAXES.-Infants are not exempt Lockhart Smith, Barrister-at-law, who died at the parties and the statute is not set up as a bar. Now from penalties or the consequences of their own torts, Edinburgh, on the 18th of November, in the 30th is A.'s possession of the farm, and payment of the rent though their contracts are in general either void or to D., the landlord, for the last two years, a sufficient voidable.
year of his age, was the only son of Eaglesfield part performance or part payment, in respect of the
Bradshaw Smith, Esq., of Blackwood House, agreement, 80 as to satisfy the statute ? Or if B. and (Q. 30.) Wills.-The trustees took a power coupled Dumfriesshire, and Eyam, Derbyshire, by Eliza. C. (as they will) admit the terms to be those on which with a trust, and it would seem that the death of A. in beth, daughter of the late General Sir Paulus they let the farm to A., and do not set up the statute as the lifetime of the testatrix, destroyed the power, and Æmilus Irving, Bart., of Woodhouse and Robgil, a bar, will their admittance, &c., as agents, be conclu that A.'s moiety lapsed. The point as to the destruction sive upon D., the landlord, should he object to it? It of the power is not clear: (Jarm. on Wills, vol. 2, p. 245, Dumfriesshire. He was born in the year 1841, and is presumed that if A. can prove any one of the three note n. 3rd edit.; St. Leonards on Powers, 421, 422, 8th
was educated at Christ's College, Cambridge, of exceptions before named, he can plough up the whole edit.)
Z. Y. which he was a Fellow, and where he graduated of the farm besides "the old grass land," and will not (Q. 31.) CONDITIONS OF SALE.- The practice is to B.A. 1864. He was called to the Bar by the Hon. be confined to follow " the custom of the country.". If read the conditions of sale and abide by their language. Society of Lincoln's-inn only very recently. convenient, reference to cases will oblige.
In the instance given it is the preparation which is to
be "at the expense" of the covenantee. _The question 36. Will.-A., by his will, devises his freehold estate therefore, is, is perusal preparation ? The answer is,
J. F. REEVES, ESQ. to his son B., for life, and after his (B.'s) death "unto no; because the preparation is to be by the covenantee. The late John Frederic Reeves, Esq., solicitor, and to the use of all and every the children of B., their The perusal of course is not. If the words “by and
who died on the 29th Nov. at 15, Westbourne. heirs and assigns as tenants in common.". Will any of were omitted the question would arise. To avoid it, your readers oblige me with the benefit of their practice however, I always add, “not to be perused and exe: park.villas, in the sixty-first year of his age, was and experience by saying whether B. or B.'s children cuted at the expense of the covenantor.'
F. the second sun of the late John Fry Reeves, Esq., take an estate in fee simple in possession under the
I think A. cannot charge B. with the costs
of Glastonbury Abbey, Somerset. He was born rule in Shelley's case ?
of A.'s own solicitor in perusing and approving the in the year 1810, and, having been admitted into
deed and obtaining A.'s execution thereof. It is some- the Profession as a solicitor, practised for some 37. CONVEYANCE.-A. is seized in fee of land leased to
times expressly stipulated that the covenantor should .a tenant, from whom arrears of rent are due. A. conveys
years at Taunton, where he was head of the firm to B. without any mentiou being made of the arrears.
bear these expenses : (See 1 Davidson's Prec. Conv. subsequently carried op by Mr. Archibald Reeves.
(9. 32.) MERGER. - In both cases the rentcharge is The deceased gentleman, who was a member of assigned to B.?
at law extinguished, though of course there is an equity the Incorporated Law Society, was highly re
in the mortgagees to be replaced in their original posi. spected by all who knew him. 38. STAMPACT - 33 & 34 Vct. c. 97. - On taking a
tion. The mortgages should have been taken in the
W. G. BRETT, ESQ. conditional surrender and copy to the steward of a
selves trustees, they ought to have looked out for a ananor, he endorses the copy with a memorandum of different security.
The late Wilford George Brett, Esq., barrister.
Z. Y. the original having been received for enrolment. Does
at-law, who died somewhat suddenly, on the 1st the copy thus authenticated require a ls, or any stamp
inst., from an attack of paralysis, at his residence, under the above Act? And the like in the case of a
Westfield Lodge, Surbiton, in the fifty-seventh copy warrant to enter satisfaction ? G.
year of his age, was the eldest son of the late Rev. 39. INSOLVENT LEGATEE. – A. became insolvent in LIVERPOOL LAW STUDENTS' SOCIETY. Joseph George Brett, of Ranelagh, Chelsea, by 1845, B., in 1870, by his will, gave and bequeathed to A. A MEETING of this society was held at the Law Dora, second daughter of the late James Best, the sum of 5001. B.'s executors knew nothing of the insolvency of A. and they accordingly paid the amount Library, Cook-street, on Thursday, Nov. 30, last, Esq., of Chilaton-park, Kent, and brother of Sir to him shortly after B.'s decease. Was A.'s insolvency Mr. M. P. Jones, solicitor, presiding. The subject William Baliol Brett, Justice of the Court of in 1845 sufficient constructive notice to render the for discussion was : Can a woman married since
Common Pleas. He was born in the year 1814, executors liable ?
G. the 'Married Women's Property Act 1870," be and was educated at Westminster School and at 40. CONVEYANCING...The opinion of some of your debts contracted by her before her marriage ?" Bachelor's degree in 1837. Called to the Bar by
sued without joining her husband in respect of Magdalen College, Oxford, where he took his on I
the Honourable Society of the Middle Temple in cently taken a conveyance of land for full and valuable The affirmative was carried by a large majority.
1840, he has for some years filled the post of private consideration to several persons acting and being described as trustees of a religious body. The trusts do SOLICITORS' BENEVOLENT ASSOCIATION. secretry to Lord Romilly, Master of the Rolls, and , but to a
was highly esteemed by his colleagues on the model Chapel trust deed enrolled in Chancery in the The usual monthly meeting of the Board of bench. The deceased gentleman was a magistrate year 1842, wherein trusts and provisions are set out at Directors of this Association was held at the Law for the counties of Middlesex and Surrey, and in great length. On stating my intention to enrol the Institution, London, on Wednesday last., the 6th that capacity was attending the Petty Sessions at conveyance, I was informed by the miuister that that inst., Mr. John Smale Torr in the chair ; the other Kingston last Thursday week, where, it is said, course has never been adopted where the trusts had directors present being Messrs. Brook, Hedger, Nel- he took more part than usual in the proceedings, reference to the model deed. Sect. 2 of 24 Vict. c. 9, enacts in effect “that where trusts are declared by a
son, Rickman, Shaen, Smith, and Veley (of Chelms- having from the effects of an attack of paralysis separate deed the conveyance need not be enrolled, but ford).; (Mr. Eiffe, Secretary.) A sum of 901. was
been prevented at times from attending the court that it will be void unless such separate deed be enrolled distributed in relief of the families of five deceased at all. When the business was over, Mr. Brett in Chancery with n six months after the making or per non-members ; three new members were admitted was leaving the room, but staggered and fell. He fecting of the deed for conveyance.” Under the cir. to the association ; the annual dinner in aid of the remained insensible for nearly two hours, and was cumstances, ought not the present conveyance to be society's funds was resolved to be held at the usual taken to his residence at Surbiton, where he died enrolled to render it valid ?
on the following morning. 41. RAILWAY AND PARISH Law.-Can a railway com.
transacted. pany lock up their gates across a parish road between
MR. A. MONRO. the hours of 10 p.m. and 6 a.m. on the following day?
ARTICLED CLERKS' SOCIETY.
The late Mr. Alexander Monro, town clerk of I may say, that the parish road in question leads to a farmhouse, and to moorland beyond, which is rented by inn Hall, on Wednesday, the 6th Dec. inet., Mr. Grosvenor terrace) on the 9th Oct. last, in his 48th
A MEETING of this society was held at Clement’s. Glasgow, who died at his residence in that city (7, Bristol Channel. A porter is employed to open and close H. Lewis Arnold in the chair. Mr. Mozley moved year, was a son of the late Mr. Charles Monro, a the gate, during the daytime at the crossing in question, the subject for the evening's debate, viz. : “ That solicitor of Stonehaven. His eldest brother is Mr. but as it is at present no one can pass
through the gates there should be a General Amnesty in favour of George Monro, an advocate of the Scottish bar, after 10 p.m. without climbing the gates and fetching the Communist prisoners in France.” The motion and sheriff of Linlithgow, Clackmannon, and Kin. the key to open them. Opinions and authorities upon the case will oblige.
ross; another brother of the deceased being the
Rev. Dr. Thomas Monro, of Campsie. The late 42. COPTHOLDS-DEPUTY STEWARD.-Can a person
HULL LAW STUDENTS' SOCIETY. Mr. A. Monro was educated at Stonehaven gram. under the age of twenty-one years legally be the deputy steward of a copyhold manor, say for the purpose of
An extraordinary meeting of this society was held mar school, and afterwards attended King's col. taking an oocasional surrender?
on Tuesday evening last, Mr. Wray in the chair. lege, Aberdeen, for a short time. He subsequently
There was a large attendance of members, removed to Edinburgh, where he studied in the Answers.
Varions alterations were made in the rules of the law classes of the university. He acquired his
society, and several propositions brought forward practical legal training in the office of Messrs. (9.24.) EQUITABLE
MORTGAGE SECURITY.–There is with reference to the law society; the library, and Dundas and Wilson, writers to the signet, Edin: no legal difficulty in or objection to the creation
of a other matters, were referred to the committee to burgh, where he remained until his appointment as legal mortgage. A conveyance by all the trustees to X. and his heirs to the use of A. and his heirs, would
second town clerk of Glasgow, in Feb. 1858. Mr. report upon. vest the fee simple in A. It is, perhaps, inexpedient
Monro's election was followed by a keen contro. that A. should assume the character of a mortgagee, as
versy between the town council and himself, with
.his interest as mortgagee might clash
with his duty FORTING.-"By a thorough knowledge of the natomi reference to the terms of his appointment, but as trustee, but if the trustees have power to raise
laws, which govern the operations of digestion and notwithstanding any feelings that may have been money by mortgage, it would be going too far to say that a fair mortgage to one of themselves was not valid. perties of well-selected cocoa, Mr. Epps has provided members of the town council, and those who ever
nutrition, and by a careful application of the fine pro- engendered by the discussions in question, the
Z. Y. our breakfast tables with a delicately-flavoured beverage had occasion to transact business with him, have (Q. 25.) LEGACY DUTY.-It is quite clear that B. can- which may save us many heavy doctors' bills.”—Civil always been ready to acknowledge his great pot claim the 10001, as a donatio mortis causa, and the Serrice Gazette. Made simply with Boiling Water or ability as a lawyer, his unvarying industry, and 10001. legacy in addition. The gift by will is a satisfaction Milk. Each packet is labelled —"JAMES
the nature of a revocation : (Jones v. Selby, Prec. Homeopathic Chemists, London." Also, makers of his thorough courtesy. During his official career Chan, 300, B.) electing to take the donation instead of 'Epps's Milky Cocoa (Cocoa and Condensed Milk). in Glasgow, Mr. Monro had been engaged in the
MATHER, CHARLES JAMES, working jeweller, Bath; Dec. 18, at
eleven, at omce of Sol., Bartrum, Bath
Knaresborough; Dec. 21, at one, at the Crown hotel, Knares.
at office of Sols., New, Prance, and Garrard, Evesham MERRICK, MARTHA, crape trimming manufacturer, Adelphi-ter,
Victoria-pk; Dec. 18, at eleven, at 56, Basinghail-st. Solo.
at eleven, at office of Sol., Greenway, Wolverhampton
offices of Simpeon and Beevers, accounants, Leeds. Sol., White
ley, 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
Sol., Cat lin, Basinghalegt
office of Sol, Lowe, Birmingham
Marshall, Lincoln's inn fields
Sol., Rogers, Barnsley
at eleven, at office of Sol., Trythall, Penzance
offices of Ladbury, Collinson, and Viney, Cheapside. Sols.,
Davidsons, Carr, Bannister, and Morriss, Basinghall-st PRETIOUS, THOMAS, hatter, Piccadilly ; Dec. 18, at two, at offico
of Sol., Taylor, old Burlington-st PRICE, JOHN, baker, Ruthin
; Dec. 16, at twelve, at the Wynnstay Arms botel, Ruthin. Sol., Lloyd, Ruthin REDFEARN, DENTON, wheelwright, Wakefield; Dec. 15, at two, at
officer of Sol., Barratt, Wakefield
Queen's hotel, Leeds. Sol., Waistell, Northallerton
Dec. 18, at twelve, at office of Sol., Hervel, Llanelly
the Junction hotel, Bishopstoke
Flowergate, Whitby. Sols., Gray and Pannett
the Black Lion hotel, Bridlington. Sol., Summers
at office of Messrs. Gamble and Harvey, accountants, Coleman
st. Sol., Stanley, Norwich SEARLE, WILLIAM, ship broker, Liverpool; Dec. 22, at three, at
office of Sols., Etty, Liverpool SHACKLETOX, ABSALOM SAMUEL, and CHAPMAN, Jorx, whole.
sale and retail confectioners, Newcastle upon Tyne; Dec. 18, at
at eleven, at office of Sol., Stokes, Dudley
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
Peterborough. Sols., Deacon and Wilking, Peterborough
twelve, at office of Sol., Winterbotham, stroud
Dec. 7, at one, at office of Sol., Ouston, Leicester
three, at office of Messrs. Fardell ar d Woodridge, Sandown WALKER, WILLIAM, and WALKER, JAMES, drapers, Maidstone;
Dec. 15, at twelve, at offices of sols., Reed and Loveli, Guild hall.chmbs, Basinghall-st WALLING, SAMPSON, grocer, Littlehampton; Dec. 20, at twelve,
at the Chamber of Commerce, Cheapside, Sol., Brandreth,
two, at office of Mr. T. áger, Barnard'e inn. Sol., Roberts WHYTE, MARY JANE, milliner, Bedford ; Dec. 11, at three, at
office of Sol., Stimson, Bedford WILSON, JOHY, jeweller, Gainsborough; Dec. 23, at eleven, at
office of Sol., Rex, Lincoln
Office of Sol.. Smith, Sheffield
Dec. 18, at three, at office of Sol., Sampson, Manchester WRIGHT, JOHN FLETCHER, víctualler, Bicester; Dec. 18, at twelve, at offices of Sol., Berridge, High-st, Marylebone, and
at 1, Cullum-st. Sols., Barton and Drew, Fure-st
Professional Partnership Dissolbed.
most important legal business of the town council, Goodwin. CHARLES, fancy dealer, Lowther-arcade, Strand; Dec
14, at two, at the Guildhall Coffee-house, Gresham-st* Sols., the preparation of the City Improvement Bill having Treherne and Wolferstan, Ironmonger-la, Cheapside been largely entrusted to him, while the Gas Bill 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 care
at office of Sols., Boyes, Fowler, and Co., Plymouth
HARPER, WILLIAM CÆSAR, basket maker, Ramsgate; Dec. 14, at ful supervision. It may be added that Mr. Monro three, at office of Sol., Edwards, Ramsgate was a member of the English Episcopal Church, HAYWARD. JOHN ROBERT SAMUEL, surgeon, Shirehampton;
Dec. 13, at two, at ofce of Sol., Beckingham, Bristol and that he leaves a widow, but no family.
HOLMES, CHARLES, grocer, Stogursey: Dec. 15, at twelve, at
office of Sols., Reed and Cook, Bridgwater
Aston.juxta- Birmingham; Dec. 15, at eleven, at office of Sols.,
KEYWORTH, HENRY, tinman, Lincoln; Deo. 14, at eleven, at office
of Sol., lebb, Lincoln
LAMBERT, WILLIAM, Ironmonger, Southborough, in Tonbridge; (N.B.-Annonncements of promotions being in the nature Dec. 13, at three, at the Guildhall Coffee House, London. Sols., of advertisements, are charged 28. 6d, each, for which
Stone, Wall, and Simpson, Tunbridge-wells postage stamps should be inclosed.]
LEE, WILLIAM, coach builder, Dedham: Dec. 15, at four, at the
Marlborough Head Inn, Dedham. Sols., Messrs. Philbrick,
Maniere, Great James-st, Bedford row
MARSH, JOSEPH, watchmaker, Wolverhampton and Bilston; Dec. knowledgments of Married Women for the Pro- 12, at eleven, at office of Sol., Langman, Wolverhampton vince of Nova Scotia.
MEREDITH, JOHN, innkeeper, Yockleton; Dec. 6, at eleven, at
office of Sol., Morris, Shrewsbury,
145, Cheapside The Lord Chancellor has appointed Frederick
NASH, GEORGE, ship chandler, Bristol; Dec. 11, at two, at office
NATION, JOHN, plumber, Wrington; Dec. 14, at twelve, at office
of Sol., Perham, Bristol England.
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 The Right Hon. the Lord High Chancellor has office of Sol., Chamberlain, Llandudno
PIERSON, THOMAS, attorney, Sheffield ; Dec. 13, at twelve, at the appointed Mr. George Curry, of Cleckheaton, in
Cutlers' hall, Church-st, Sheffield. Sol., Fernell, Sheffield the county of York, Solicitor, a Commissioner to ROBERTSHAW, Hiram, tea denler, Thornton, par Bradford ; Dec.
14, at three, at office of Sol., Moore, Bradford administer Oaths in Chancery, in England.
ROBINSON, HENRY, carpenter, Swansea ; Dec. 11, at three, at
office of Sols., Clifton and Woodward, Swansea
at three, at ottice of Sol., Holmes, Eastcheap
SHARP, ADOLPHUS, leuther seller, Tabernacle-walk, Finsbury;
Dec. 19, at two, at offices of Sols., Norton, Son, and Elam, Wal.
two, at office of Sol., Pullen, Leeds
SMITH, WILLIAM HENRY, rope maker, Fountain-stairs, Cherry. Du Bois and GRIFFITHS, attorneys and solicitors, Church-passage,
gdns-st, Bermondsey; Dec. 14, at twelve, at office of Sol., Mote,
STEPHENSON, JABEZ, grocer, Hull; Dec. 14, at three, at the
Kingston hotel, Scale la, Hull. Sol., Spurr
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 To surrender at the Bankrupts' Court, Basinghall-st.
TILL, CHARLES, baker, Southsea; Dec. 15, at three, at office of
Pet Nov. 3. Reg. Hazlitt. Sol., Reed, Bloomfield-st, London. 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,
WALKER, JOHN HARSETT, cabinet maker, Whitstable: Dec. 14, at
Son, and Flint, Canterbury
twelve, at office of Sol., Holt, John-st, Bedford-row
of Sols., Black, Freeman, and Gell, Brighton Gazette, Deo, 5.
WHITE, JAMES, gentleman Slough; Dec. 14, at twelve, at Kings. To surrender in the Bankrupts' Court, Basinghall-street.
ford and Dorman, solicitors, Essex-st, Strand. Sols., Sankey, BARMHAN, H. B., gentleman, Gloucester-pl, Hyde-pk. Pet. Nov.
Son, and Fiint, Canterbury 30. Bc. Roche. Sur. Jan. 18
WHITE, MATTHIAS GEORGE, gasfitter, Landport; Dec. 14, at CLAIDOS, GEORGE, shoemaker, Kingsland.rd. Pet. Dec. 2. Reg.
eleven, at office of Sul., Walker, Portsen Beche. Sur. Dec. 21
WILKINSON, RICHARD, sadidler, Broseley: Dec. 20, at two, at DOTXES, CAVPBELL, civil engineer, Ordnance-rd, St. John's.
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 hall-past two, at Elis Sur. Dec. 18
office of Sol., Churton, Chester PABTHISG, JOHs SCOTT, and SMITH, THOMAS, seed crushers,
CASH, JOHN, farmer, JBilsby; Dec. 18, at three, at office of Sol.,
CHARMBURY, WILLIAM, miller, Bathampton; Dec. 18, at eleven,
Pet. Nov. 30. Reg. Ky Sur. Dec. 21
at office of Sols., Little and Little, Bath Hrary, Jons, tarmer, Whittlesey.
COZENS, GEORGE EDWARD, grocer's assistant, Bloomsbury st;
Pet. Nov. 30. Reg. Gaches. Sur. Dec. 23
Dec. 21, at three, at 66, Guildford-st, Russell. q. Sol., Craven Saxw, JOSEPH, dyer, Halifax. Pet. Nov. 29. Reg. Rankin. Sur.
DAVIDSOX, GOLDIE THOMAS, stationer. Sheffield; Dec. 18, at c. 1S
three, at ottice of Sols., Clegg, Sheffield WEBD, EZRA, cattle dealer, Sutton Courtney. Pet. Nov. 29. Reg.
DEVEREUX, WILLIAM, painter, Earlestown; Dec. 18, at eleven, at Bihop. Sur. Dec. 18
offices of Messrs. Davies and Co., Warrington. Sols., Davies and
Dixox,' 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, Aug. 3, 1971
public accountants, Walbrook-bldgs. Sol., Ashby, Clement's.la,
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. ADANS, FREDERICK, butcher, Longaight, near Manchester; Dec. pl South
13, at eleven, at the Clarence hotel, Hyde-rd, Manchester. Sol., Davies, Manchester
FOYLE, THOMAS, tailor, Warminster; Dec. 19, at half past twelve ADDI COTT, HENRY, nurseryman, St. Thomas-the-Apostle ; Deo.
at the George hotel, Trowbridge. Sols., Dunn and Payne,
Frome 13, at eleven, at the Queen's hotel, Queen-st, Exeter.' Sol., Searle
GARTON, MARMADUKE, shoemaker, Kingston upon Hull; Deo. BAKER, JOHN, grocer, Hatton; Dec. 15, at eleven, at the Dog and
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, JORX, Itailor, Ourdle; Dec. 20, at twelve, at omces of t*, at office of Sols., Robinson and Robinson, Skipton BE FITT, WILLIAM, butcher, Whittington; Dec. 12, at three, at
Messrs. Spyer, attorneys-at-law, Winchester House, Old Broad. ce or sol., Gee. Sheffield
st. Sols., Messrs. Richardson, Oundle BRAHMA, LEWIS, and BRAHMA, OCTAVIUS, opticians, Southamp.
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 So)., Mitchell, Bedford the Great Western Railway hotel, Birmingham. Sol., Andrews,
HARBRIDGE, JAMES, farmer, Cannock; Dec. 15, at eleven, at Lorin ter
offices of Sol., Glover, Walsall BBOXY, JOHN READ, major-general in the Indian army, Abbey.
HARRIS, WILLIAM, cabinet maker, Birkbeck-rd, and Schofield-rd, Gardens, Abbey-rd, St. John's.wood; Dec. 18, at two, at office
Upper Holloway; Dec. 14, at two, at offices of Sol., Shapland,
Staple inn, Holborn
HAYWARD, HENRY, currier, Yeovil ; Dec, 18, at one, at the Mer.
maid hotel, Yeovil. Sol., Beckingham, Bristol odce of Sola., Winter and Francis, Norwich
HENKEL, ADAM, boot maker, Talbot-rd, Paddington; Dec. 22, at CHAMBERS, JOHN RICHARD, saddler, Shanklin, Isle of Wight;
three, at office of Rule and Head, Westbourne-grove, Bays. Dec. 14, at one, at office of sole and Turner, Aldermanbury, Sol,
water. Sol., Welman, Great George-st, Westminster Hooper, Newport
Orders of Discharge.
Liquidations by Arrangement.
Gazette, Nov, 24.
Gazette, Nov. 28.
Gazette, Dec. 1.
BIRTHS, MARRIAGES AND DEATHS.
HOPKINS, Johx, soda water manufacturer, Southampton; Dec.
HOPKINS, WILLIAM, painter, Bath; Dec. 13, at half past eleven,
Douth, Dec. 14, at eleven, at , Regent-st, Great Yarmouth. HOUGHTON, JAMES JOSEPH, refreshment-room keeper, Basing.
stoke and Netley: Dec. 21, at one, at the Red Lion hotel, Basing.
HOYES, EDWARD, and HOYEN, GEORGE, builders, Nottingham; DEARLING, WILLIAM, miller, Carshalton; Dec. 15, at hall-past Dec. 18, at twelve, at office of Sol., Belk, Nottingham
three, at the Chamber of Commerce, Cheapside. Sol., Arm. JONES, WILLIAM SAVILLE, glass merchant, Leeds; Dec. 19, at strung, Old Jewry
two, at offices of Sols., G. A. and W. Emsley, Leeds DEELEY, JOSEPH, boot maker, Birkenhead; Dec. 14, at two, at KAYE, JAMES, builder, Barnsley: Dec. 28, at half past two, at once of Sol., Downham, Birkenhead
offices of Sol, Dibb, Barnsley EARLE, HENRY, attorney, Bedford-row; Dec. 15, at twelve, at KINGSLAND, RICHARD, Ironfounder, Brighton ; Dec. 19, at eleven
the Guilhall Coffee house, Gresham-st. Sols., Treherne and at office of Sol., Foster, Birmingham Wolierotan, Ironmonger-la, Cheapside
LAYCOCK, RICHARD, saddler, Bradford ; Dec. 18, at three, at
Dec. 3. at twelve, at 38, Green's-end, Woolwich. sol., Hughes, LEWIS, THOMA3, beerhouse keeper, Wolverhampton; Dec. 18, at
three, at offices of Sol., Stratton, Wolverhampton
Dec. 15, at two, at office of Sols., Sampson, Samuel, and Emanuel, TUILER, JAMES, painter, Wolverhampton; Dec. 16, at twelve, at Finsbury.circus cice of Sol., Barrow, Wolvrhampton
LOWE, CHARLES, coal dealer, Heaton Norris ; Dec. 18, at three, at GIRON, CHARL28, CO merchant, Kendall, Dec. 12, at twelve, at Office of Sol., Brown, Sto tk. Bill and Royal hotel, Church st, Preston.Sols., Thompson MARCHANT, RICHARD, miller, Withyham; Dec. 18, at three, at rad Gruhan
the Sussex Hotel, Tunbridge Wells. Sol., Head, jun., Cannon-st
Hemming, Esq., barrister-at-law, of a daughter,
the wife of L. P. Pugh, Esq., barrister-at-law, of a son.
R. R. Bowen, Esq.. of the Inner Temple, to Frances Elizabeth,
John Kirkbank, Esq., of Gray's-inn, solicitor.
Temple, and of the Midland Circuit.
G. A. Payne, Esq., M A., barrister-at-law.
THE NEW SYSTEM OP SUTING A
HOUSE WITHOUT MONEY.
PARTRIDGE AND COOPER
WHOLESALE & RETAIL STATIONERS, 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E.
Carriage paid to the Country on Orders exceeding 20s.
illustrate “ 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, 119, Strand.Private Instruction is given in Geology and Mineralogy by Mr. Tennant, F.G.S., at his residence, 149, Strand, w.o.
DRAFT PAPER, 18. 60., 68., 78.,78. 9d., and 98. per ream.
“We should direct particnlar attention to their New Club. house Paper: in our opinion it is the very best paper we ever wrote upon."- London Mirror.
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 indennite period can be retained at an infinitesimal cost. Especially valuable for railway travelling,
the carriage, or stuly. Light, portable, and ornamental.- To be obtained of all learling Furnishing Warehouses, Drapers, Chemists, in imitation sealskin, Price 218. Sole Manufacturers, SPENCE and Co., 6, Leather-lane, E.C.
“ Eureka Double Shrunk" Finnnel Shirt,-Messrs. R. FORD and Co. have all their NEW PATTERNS of their DOUBLE SHRUNK FLANNEL SHIRTS NOW READY. Patterns sent free with self-measure. The “Eureka Double Shrunk" are the perftction of flannel shirts. No quantity of washing will ever shrink them.-RICHD. FORD and Co., 38, Poultry; Branch, sos, Oxford-street, W.
EWLAY'S TRAFALGAR CIGARS.
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.
improve their incomes by REPRESENTING a POPULAR INSTITUTION. Commission liberal. The occupation will not in any way interfere with other duties, and it can be conducted after office hours.--Address Alpha,” care of J. G. A. D'Arenbers, Esq., 30, New Bridge-street, E.C.
COST PERSONS ARE FAMILIAR with of the Pianoforte Makers, by which anyone who Hiranan Instrument and pays the Hire for that period become ile ABSOLUTE OWNER OF THE PIANOFORTE. Previor:sly to the introduction of this plan it was almas difficult for those of limited income to buy a good Pisici re as o BUY A HOUSE; and persons went on your « year, paying for the Hire of an Instrument, and exposed as much money as would have bought the Pianvirte several tirnes over.
What will hold good for Pianofortes will bold song for HOUSES; and there are many who would no doubt AVAIL THEMSELVES OF THE OPPORTUNITI, if it was afforded them, of becoming
THE OWNER OF A HOUSE in the same way as they have already become the OFTET their pianoforte.
OF THE DIRKBECK BUILDING SOCIETY
HAVE DETERMINED TO AFFORD THE SAME FACILITIES FOR PURCHASING
HOUSES As now exist for Buying Pianofortes. A HOUSE beins, however, a more expensive article to Par. chase than a Pianoforte, the “Three Years' S sem wall not apply, excepting in a very few cases: so that a JARE LENGTHENED PERIOD IS NECESSARY over which the time of Hiring must extend.
In pursuance of this resolution THE DIRECTORS HAVE MADE ARRANGEMENTS
WITH THE OWNERS OF HOUSES In various parts of London, and its Suburbs, by which they
are enabled to afford to the Members of the Birkbeck Building
AND OTHERS A very wide CHOICE in the SELECTION both of HOUSES and the locality in which they are situated. The Plan ipon
which the Directors propose to proceed is TO LET THESE HOUSES FOR A PERIOD OF
TWELVE-AND-A-HALF YEARS, At the end of which Time, if the Ront be Regularly Paid,
THE HOUSE Will become the absolute Property of the
IN ALL CASES
WILL BE GIVEN
IS REQUIRED BY THE SOCIETY
THE REST PAYABLE BY THE TEXAST Includes Groind Rent and Insurance for
the Whole Term. Although the Number of years for parment of Rent is fixed
at Twelve and a half, A SHORTER PERIOD MAY BE CHOSEN AT AN
OKE, of the Mansion House, London, for Justicos' 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., reprid; office expenses.
A specimen sheet sent to any applicant. PRICES.-One quire, 58.; two quires, 88.; three quires, 118.; four quires, 14x.; five quires, 178.; six quires, 208.; half-bound; or in sheets unbound, 38. per quire.
May be obtained direct, or through, by order, any bookseller.
HORACE Cox, 10, Wellington-street, Strand, London.
ANILLA CIGARS.-Messrs. VENNING
---just received a consignment of No.3 MANILLA CIGARS, in excellent condition, in boxes of 500 each. Price 508. per box. Orders to be accompanied by a remittance.
N.B.--Sample boxes of 100, 108.6d.
A LONGER PERIOD AT A LOWER RENTAL, The Terms of which may be ascertained on application to
OF THIS New System of Purchasing a House,
CONTENTS. Table of Enactments Repenled. Incumbents Resignation Act.
Army Regulation Act. Table of Principal Subjects Altered. Sequestration Act.
SundayObservance Prosecutions Act. Metropolitan Board of Works | Intoxicating Liquors Licences SusSESSION 1871—34 & 35 VICTORIA. (Loans) Act.
pension Act. Juries Act (1870) Amendment Act. Promissory Oaths Act.
Union of Benefices Acts Amendment
Ecclesiastical Titles Act Repeal Act Judicial Committee of Privy Council
Public Schools Act (1860) Amend. Expiring Laws Continuance Act. Public Parks, Schools, and Museums ment Act.
Pedlars Act. Act.
Election Commissioners Expenses Vaccination Act (1867) Amendment County Property Act.
Act. Metropolitan Poor Act (1867) Amend. Charters (Colleges) Act.
Chain Cables and Anchors Act. ment Act. Private Chapels Act.
Customs and Inland Revenue Act. Anatomy Act (1832) Amendment Act. Municipal Corporation Act Amend. Factories and Workshops Act Bank Holidays Act.
Amendment Act. County Justices Qualification Local Government Board Act
Petroleum Act. Amendment Act.
Public Libraries Act (1855) Amend. Pauper Inmates Discharge and Workshops Regulation Act (1867) ment Act
Regulation Act. Amendment Act.
Bills of Exchange and Promissory Merchant Shipping Acts Amend. Customs and Income Tax Act.
ment Act. University Tests Act.
Railway Regulation Amendment Prevention of Crime Aet. Debenture Stock Act.
Metropolis Water Act.
Industrial and Provident Societies Statute Law Revision Act.
List of Local and Personal Acts
Limited Owners Residence Act
MAY BE SUMMED UP AS FOLLOWS:
3. They CANNOT BE TURNED OUT OF POSSES. SION 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 he Term, or they can Transfer their right to another Tenant.
7. Finally. NO LIABILITY or RESPONSIBILITY of ny kind is incurred, beyond the Payment of Rent by those who acquire Houses by this New System.
The BIRKBECK BUILDING SOCIETY have on their L'it neveral HOUSES, which ther are prepared to LET on he TWELVE AND A HALF YEARS' SYSTEM, and in trany cases Immediate Possession may be obtained.
Th Tering on which Houses can be placed on this register my be obtained on application to
FRANCIS RAVENSCROFT, Manager.
than the above scale.
To Readers and Correspondents.
LORD JUSTICE JAMES has thrown out a hint which may be usefully
taken by County Court Judges. It seems to be the practice in All anonymous communications are invariably rejected.
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.
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 CHARGES FOR ADVERTISEMENTS.
preference, before the LORDS JUSTICES during last Term, LORD Four lines or thirty 'cords 3s. 6d. | Every additional ten words 08. 6. JUSTICE JAMES said that if a Judge of a County Court heard
witnesses himself or had questions of fact tried by a jury “ the Advertisements specially ordered for the first page are charged one-fourth more
decision of the County Court on a question of fact would never be Advertisements must reach the office not later than five o'clock on Thursday reversed on appeal unless it were plainly contrary to the evidence.” afteruoon.
The tribunal of the Registrar is very useful in its way, but if its TO SUBSCRIBERS.
functions are to be enlarged so as to diminish the effectiveness of The volumes of the LAW TIMES and of the LAW TIMES REPORTS, are strongly and
the decisions of the Judge it will be a very great evil. miforinly 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 58. 6d., by Te Pallal Gazette has made a somewhat serious charge against post, 5d. extra. Law TINES REPORTS, price 3s. 60., by post, 3d. extra.
solicitors, which is, in effect, that they are in the habit of keeping CONTENTS.
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, REPORTS. LEADING ARTICLES, &c. which, it is said, they are entitled to charge “by Act of Parlia
ment." The further allegation made that the profits so derived
are put in the pockets of the solicitors. The reign, the year, and Fr zur WISEXAX; Re KELSON, TRITTON
the chapter of the Act of Parliament are not given-no such Act is Bankruptcy-Deer of inspectorship...... 545 Remedies for Sanitary Vegligence,
in existence. And if there are a few dishonest practitioners who, Bankruptcy Act 1564, 5, 92- Fraudulent
to favour their clients—for to suggest that the solicitors can put 113 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 dirit of our contemporary we altogether discredit the 115 statement.
COURT OF APPEAL IN CHAYCERY.
TO READERS AND CORRESPONDENTS
Topics of the Week
Exp BYLE; Pr COLLETT
Lunatic-Past maintenance-Claims ... 551
V. C. MALINS' COURT.
25 & 2 Vict. c. 102, 68. 75, 107.... 552
555 LEWIST, LEWIS
Locke King's Act (17 & 18 Vict. c. 113),
V.C. BACOY'S COURT,
558 SMITH GIBSOX
Construction of Will--Precatory trust-
The Element of Time in Surety ship 111
The Elements of the Law of Average
Roman Law as an English study...........
The Despatch of Parliamentary Business 116
Notes of New Decisions
Marylebone Police Court.
Notes of New Decisions
Without Prepayment of Premium......... 119
Notes of New Decisions
120 Court of Session; Edinburgh
Select Biographical Sketches
Bradford County Court...
Ormskirk County Court
Halifax Bankruptcy Court.
COURT OF QUEEN'S BENCH.
362 LEIGH . ADAYS
Marine insurance - Material conceal. ment
Mr. VERNON HIRCOURT'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 117 familiar with the utter uselessness of the Court of Exchequer
Chamber. It is a tribunal which has stood condemned in the 118 estimation of the Profession for years past. Every objection
which can be urged against the continued existence of a court up applies to the Court of Exchequer Chamber. Too frequently it is
divided and overrules by a bare majority the decisions of a unani.
mous 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 reasonable certainty of obtaining an immediate hearing. No
single voice, we are quite certain, would be raised in support of in the Exchequer Chamber. The Judges would gladly see it abolished, 13 and the Profession would welcome anything which removes from
them the scandal of procrastination and delay. All the world being
124 agreed as to the existence of grievances connected with the adminCORRESPONDENCE of the Profession... 125 istration 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.
COURT OF PROBATE. In the Goods of SHARLANDIntestsy-Lunatic pauper
574 GRIFFITHSE GRIFFITUS
Testamentary suit-Attestation............: 574 CHARTER T. CHARTER
Testamentary suit-Ambiguity in description of executor..
NOTES AND QUERIES Ox PoixTS OF PRAC-
128 Articled Clerks' Society
136 LEGAL OBITUARY
Irish Criminal and Judicial Statistics...... 126
The Law and the Lawyers.
The Lodgers' Goods Protection Act has already proved that it is 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 NOTICE.NOW PUBLISHING.
the goods of a tenant upon which the landlord had distrained and A GENERAL INDEX to vols. 11 to 20 of the Law TIMES Reports, New allowed them to remain in the tenant's possession, to be bought back
Series, will be published in ten parts, price 1s. each. Sent free of when convenient to the tenant, such goods could be a second time postage to subscribers. The first part is now ready. The General distrained upon by the landlord. For the landlord who distrained Index to vols. 1 to 10, N. S., may still be had, price 7s. 6d. in cloth.
it was contended that the tenant had a beneficial interest in .
property or beneficial interest in the goods threatened or dis. Os Monday evening next, the 18th inst., Mr. JACOB WALEY will trained upon. If, notwithstanding this declaration, the landlord read a paper at a meeting of the Social Science Association “ On distrains and fails to prove that his immediate tenant had some the Devolution, Transfer, and Disposition of Land.”
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 The attorneys in Ireland are attempting encroachments on the and expressed a doubt whether any point of law was inised on Bar. In a recent report of the Society of Attorneys and Solicitors, which the opinion of a Superior Court could be taken. It appeurs a resolution is noticed to the effect « That it be an instruction to to us that where the goods of a tenant are purchased by a lodger, the council to take such steps as may be requisite to obtain for the and an arrangement made by which the purchase becomes in profession of attorneys the right of being fully heard as advocates reality only an hypothecation, the tenant having the right to in the Crown Court at assizes when defending prisoners or
redeem, when he is able, if the case is not outside the Act it is only
' opposing or supporting grand jury presentments."? Communica- just within it. Such transactions may have all the effects of a bill tions have been made to the Clerks of the Crown in each county, his furniture to different lodgers unknown to his landlord, whose
of sale, and registration be avoided. A tenant might transfer all but no satisfactory result upon which a report could be made has right to distrain would be utterly defeated. Parliament camot have yet been attained.
contemplated such a state of things. VOL. LII.-No. 1498.
The scheme of education and examination set on foot by the Inns able to see in no instance has the latter Court ordered the producof Court leaves attorneys and solicitors to the Incorporated Law tion of documents which were objected to on the ground of Society. A correspondent draws attention to the fact that for- privilege. And if the Court had power to do what the Lord Chief merly attorneys and solicitors were members of Gray's-inn, and Justice intimated it had what is the use of a rule which can be so from this we may deduce that they have a claim on the Inns of evaded ? 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
REMEDIES FOR SANITARY NEGLIGENCE. as of students for the Bar. Your legal readers will knd this in The amount of personal injury and human misery caused by a the case of Rex. v. The Principal and Antients of Barnard's Inn want of due attention to the dictates of science respecting noxious (5 Ad. & Ell.). The present inquiry as to the efficiency of the vapours and accumulations has suggested, even to the non-legal regulations of the Inns of Court, and the appropriation of their mind of the Times, that wrong-doers should be made responsible in funds is of paramount importance, and is in the able hands of damages to those whom their neglect may injure. Sir ROUNDELL Palmer and other eminent jurists. The Honourable our contemporary, “we regard the subject from a practical point of Society of Gray's-inn, of which (though an attorney) I have been view, it must be confessed that any legal supervision of the conthirty years a member, is reputed to have an income of 70001. a struction and maintenance of dwelling-houses would be, if not year I believe more. During the last three years, consisting of impossible, at least very difficult, and thoroughly alien from the twelve terms, only fourteen students have been called to the Bar. spirit of English institutions. But an effectual remedy for the Several of these barristers so called, have not, nor ever had, any evils complained of might probably be found by the application of intention of studying or practising law. At the same time, the familiar principle that wrong-doers, or persons responsible for students admitted members of the inn, and afterwards becoming the wrong-doing of others, are liable to pay pecuniary damages to attorneys, have been expelled the society solely on the ground those whom their acts or defaults have injured. We know that of their becoming such. It is remarkable that several of the nearly all, if not all, cases of typhoid arise from the contamination present benchers of Gray's-inn have risen from the rank of of drinking water by sewage, or from the permeation of dwellings attorneys, though they now exclude their quondam brethren from by sewer gas. In order that such contamination or permeation the society. If, as I believe, 21,0001. has been spent in three years may occur, somebody must be in fault-either the local authority, in the call of fourteen gentlemen to the Bar, the moderate sum of responsible for the public works; the owner of the premises, 15001, has been expended on each of them.”
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 PRIVILEGED COMMUNICATIONS.
passed. “ providing that after the lapse of one year from its enactIr credit is to be given to newspaper reports of the Tichborne trial, ment, any corporation or person who was found by a jury to be the points of law which occasionally rise during its slow progress are responsible for having caused typhoid fever should be liable to dealt with in a somewhat peculiar manner. A few days ago,
pay pecuniary damages to any who suffered from the disease, or counsel for the plaintiff objected to the production, for admission in to the representatives of any who fell victims to it.” evidence, of a certain document, on the ground that it was in the Now unfortunately there is a principle of our law which disnature of a confidential document between client and attorney. courages the multiplicity of suits, and upon which has been This objection is an intelligible one, and is daily allowed in our founded the distinction between the remedies for private and courts of justice. But it was not so in the instance to which we public nuisances. For a private nuisance an action will now liewould refer, and the remarks of the Judge on the objection seem for a public nuisance an indictment only will lie, unless the plaintiff to us, with all due deference, to be rather of a norel if not of a has suffered some particular damage. The scope of this doctrine has startling character: “ The Court has power," said Lord Chief been very attentively considered in recent cases. In Winterbothanı Justice Bovill, “ To make an order for the discovery of documents, v. Lord Derby (L. Rep. 2 Ex. 321), the LORD CHIEF Barox said and if there is any particular document as to which I have no that it was impossible to look at the judgments of the Law Lords power, the Court of Chancery has power, and if the documents were in the case of Ricket v. The Metropolitan Bailway Company without in your (the plaintiff's) possession you would be bound to lodge seeing that they thought the law had been too far extended in the them in the Court of Chancery. If there is any difficulty raised direction of allowing this description of action to be brought, and about the production of documents an application could be made it is very doubtful, therefore, whether Parliament would volto me or to the Court of Chancery, and I should exercise the fullest untarily breed multiplicity of suits to compel tbe observance of jurisdiction I possessed in compelling the production of documents sanitary precautions. The reason of the distinction in point of in the possession of either parties.' Counsel still objected, con- principle between the remedies for public and private nuisances is tending that the jurisdiction did not apply, and that his objection, perfectly plain. Imagine an epidemic of typhoid fever arising if worth anything, went to all the jurisdictions; but the Judge, from the carelessness and negligence of contractors. An entire remarking that it was a waste of time -a remark, perhaps, pardon- community of injured persons bring actions against the conahle, because of the severe trial on his Lordship's patience, which tractors, and one verdict being given against the contractors they the slow progress of the trial involves-declined to entertain it. would be absolutely ruined in a very short space of time. In such
The subject of privileged communications is of so much import- cases of public nuisance the law now says that unless an individual ance, and has been so thoroughly well considered, that it might be plaintiff is damnified to a greater extent than his neighbours he shall imagined that there could be no difference of opinion on it. The not maintain an action, but the offender may be indicted. A private position of attorney and client is considered to be so sacred that nuisance, on the other hand, is limited in its effects. Your neighthe former is not to give in evidence anything whatever said to bour builds a pigstye close to your drawing-room window so as to him by his client in that capacity. It would be absurd for us here render the enjoyment of your residence impossible, or even to enumerate the cases in which this has been held, for it is one of uncomfortable. He is liable to an action at your suit, and there the clearest points in our law of evidence.
the matter ends. The privilege extends not only to information conveyed directly We have dealt with the subject on elementary principles without by the client to his legal adviser-such as statements by word of reference to the difficulty of fixing with certainty any particular mouth, or communications by letter, but to all deeds, papers, and disease upon any particular nuisance. Our contemporary says documents entrusted by the client to his care—these the legal that in the generality of cases no such difficulty would occur, whereadviser is entitled to refuse to produce or to give any information by he means that there might be a reasonable moral certainty. respecting them : (Robson y. Kemp, 5 Esp. 54.) In another case an That, however, is someway removed from a legal certainty which a attorney was asked to produce a document, but refused to do so on court of law would regard as justifying the finding of a jury. Such the ground of privilege, inasmuch as it was his client's deed, and a proposition, however, as that to which we have referred cannot given to his care in his capacity of legal adviser. Being asked by be seriously discussed in view of the settled principles of our the counsel on the opposite side what it was, the Judge ruled he law-principles which we must think that Parliament could hardly was not obliged to answer: (Volant v. Sawyer, 13 C. B. 231.) There venture to disturb even whilst affected by the excitement caused is a stronger case still to show how sacredly the law looks upon by the imminent danger of the Heir to the Throne. the position of client and attorney. We refer to the case of Newton Our sanitary laws appear to us to be sufficient. This is shown v. Chaplin (10 C. B. 356), in which it was held an attorney who by a glance at the powers conferred upon local authorities by the held a document for a client could not be compelled to produce it several Acts relating to nuisances, which are summarised in Jr. though required to do so by a person who had an equal interest OKE's Synopsis (p. 1189), where it will be seen that the local in it with his client.
authority has power to appoint a committee to receive notices and It is true in the Tichborne case a gentleman who for a time con- take proceedings, to appoint inspectors of nuisances at a salary, to ducted the plaintiff's case has ceased to do so; but that does not procure sanitary reports and pay for the same—a power
which in the slightest degree interfere with the application of the above might be exercised more frequently with great public advantagerule. It is quite clear that whatever documents were entrusted to and to abate a nuisance, and charge the cost of abating same to him as attorney for the claimant cannot be produced in evidence the person on whom the justice's order is made. By 29 & 30 Vict. without the consent of the claimant himself, or through his counsel. c. 90, s. 20, it is the duty of the nuisance authority to make from
And with regard to the power invested recently in the Courts of time to time, either by itself or its officers, inspection of the Common Law of ordering the discovery of documents it can only district, with a view to ascertain what nuisances exist, calling for be exercised in a similar way to which it had of all times been abatement under the powers of the Nuisance Removal Acts, and exercised by the Court of Chancery. And so far as we have been to enforce the provisions of the said Acts. Nuisances, as detined