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MERCANTILE LAW.

of the court to try the cause, and the consequent exchange, or remittances of money made from reference of it to arbitration; the inefficiency, one place to another. Co. 110 S.

delay, and expense of the arbitration to which the ""663. The law likewise considers as acts of NOTES OF NEW DECISIONS. cause is remitted.

commerce :--Every enterprise for building, and BANKER AND CUSTOMER-TRUST MONEY- ** To these evils may be added the great risk all purchases, sales, and resales of vessels for inLIEN OF BANKER--NOTICE OF TRUST-Bank- that is incurred in many branches of commercial ternal and external navigation. Co. 195—226. RUPTCY OF CUSTOMER.

:-When a customer has dealing, that the evidence of the transaction in All maritime expeditions ; all purchases or sales opened with his bankers separate accounts dispute may be seriously impaired unless it be ob- of rigging, tackle, and stores ; all freight or hiro specially headed with the names of the trusts to tained and recorded as soon as the controversy of ships, borrowing or lending on bottomry; all which the moneys paid into those accounts belong, arises. In some cases an immediate inspection of assurances and other contracts relating to mari. the bankers are not at liberty, upon the bank- | the commodity respecting which the dispute has time trade; all agreements and contracts for ruptcy of the customer, to apply those moneys in arisen might settle the question in difference; in payment of wages and hire of crews; all engagepayment of the balance due to them upon the others an accurate recollection of verbal state- ments of seamen for the service of merchant customer's overdrawn private account. Decision ments whilst fresh in the memory of parties and ships. of the Chief Judge in Bankruptcy (24 L. T. Rep. witnesses would be secured, which after the lapse "6631. The tribunals of commerce will consider N. S. 198) affirmed: (Ex parte Kingston, re Gross, of months beeomes involved in doubt. In cases likewise as Acts of commerce :-1. Actions against 25 L. T. Rep. 230. Chan.)

connected with shipping, the departure from Eng. all persons employed by merchants, for their acts SALE OF GUANO BY SAMPLE-A "GUARAN- land of parties or witnesses either necessitates in reference to the business of the merchant by TEED ANALYSIS” SENT WITH SAMPLE, War- the issue of commissions to take evidence, at- whom they are employed. 2. Notes or bills made RANTY-CONTRACT.-The secretary of the defend tended with difficulty, expense, and delay, or by receivers, payers, collectors, and other officers ants wrote to the plaintiff on the 13th Jan. results in the loss of the evidence altogether. of the public money.'. inquiring the terms on which he would supply the Nor can it be doubted that the uncertainty, diffi- 6. The tribunal is invested with the power of society with Peruvian guano, and adding as fol. culty, and expense of pursuing a just demand in summoning the defendant to answer a complaint lows :-“A sample, with guaranteed analysis, to

the Superior Courts deter many persons from re- at a short notice, which in special cases does not accompany your offer,” to which the plaintiff, on sorting to the courts for redress, and that thereby exceed a few hours, and of regulating the progress the 23rd Jan., replied by a letter, in which he said : commercial morality is seriously undermined, and of the case according to circumstances. The "I will be glad to do the best I can for your their engagements, or to execute them in a dis- compelled to do so, but are permitted to a fail

discreditable traders are encouraged to repudiate parties generally appear personally, and may be society.” ...“I may say that my guano contains 18 per cent. of ammonia ; this is the highest honest manner.

themselves of a particular class of agents; the analysis this year.” And on the 1st Feb. the “Your committee have not thought it necessary proceedings are all of a summary character, and plaintiff forwarded three samples of guano, with to enter into a minute examination of all the the cause is generally disposed of with expedition a letter offering them to the defendants at certain

details of the procedure and cost of litigation in at a moderate expense. The right of appeal to prices-viz., No. 1, at 141. 2s. 6.; No. 2, at

particular cases, to ascertain in what manner the the ordinary courts is recognised. There seems 131. 10s.; and No. 3, at 121. 58. per ton; and in feeling of the commercial community adverse to to be no reason to doubt that the manner in which that letter he said : “I enclose a copy of analysis,

the Superior Courts has grown up, because it justice is administered by tribunals of commerce and can send three more in a day or two." The appears to them that whatever may be the theore. atfords satisfaction to the commercial community. copy printed analysis, which was so inclosed, set tical excellence of the rules of procedure, and the Your committee have, therefore, deemed it right out the specific proportion per 100 of the various

apparent moderation of the scale of costs, the to consider whether this system, which so extenconstituent parts, and at the foot of it was the

opinion of the general public has arisen from their sively prevails in Europe, might not with advantfollowing note : “ Containing nitrogen, 14:31

experience of practicai results on which that judg. age be introduced into this country. equal to ammonia 17:37.On the 4th Feb. ment is formed.

" It is worthy of observation that, whilst the the defendant's secretary wrote as follows to

" It may be urged in vindication of the existing commercial classes in England are obliged to the plaintiff : “ The directors have agreed to

system that questions in dispute are examined submit their disputes to the Superior Courts, accept your tender, according to the conditions and determined with the utmost care and deli. with their complex legal machinery, the public named in your letter;" and on the 8th March he beration, and the courts are enabled to lay down has, at the same time, recognised, for its own wrote an order to the plaintiff for a quantity of rules of law which constitute the commercial code protection and convenience, the propriety of a “the best Pernvian guano, No. 1, price 141. 2s.6d. of the country, and become of the greatest service more simple, expeditious, and inexpensive prodelivered, conditions and analysis as per yours of to the mercantile community; but, however valu: cedure for a large class of cases which come the 1st Feb.” The guano was delivered by the able this consequence may be to the commercial within the criminal law. Though the reputation plaintiff according to the defendants' order, and classes in general, it seems to your committee to or liberty of the subject is often seriously affected after the bulk had been broken and distributed be no sufficient reason for imposing upon indivi- by a criminal prosecution, no difficulty seems to amongst the customers of the society, the defen- duals who merely require a speedy decision of be experienced in the prosecutor attending before dunts, in consequence of complaints made to them some particular dispute that may have arisen in a single justice of the peace, who generally is not of the quality of the article, sent a sample of it to their commercial dealings, the delay and expense a lawyer, for the purpose of making a statement their own analytical chemists, the result of whose of protracted and costly litigation. It is, however, of his complaint, or in the justice of the peace analysis was that the bulk did not answer the

open to doubt whether precise rules of general issuing a summons, or even a warrant, to compel analysis sent by the plaintiff, or resemble in

application are always the fruit of protracted and the defendant to appear before him on the next appearance the sample No. 1; but was of inferior costly litigation, for the language in which judi day, or in then proceeding with the trial of the quality, and contained nearly 5 per cent. less cial decisions are generally pronounced is not case, either alone or with another justice of the ammonia than the proportion mentioned in the unfrequently a source of fresh perplexity and peace, or adjourning it from time to time until plaintiff's analysis. In an action by the plaintiff embarrassment, when it becomes necessary to it is decided, if it be within summary jurisdiction, to recover the price of the guano, it was Held, by ascertain the law applicable to cases not identical or until the case has been committed for trial to the Court of Exchequer Martin, Channell, and in all points with the one already decided. It another court. Pigott, BB.), that the correspondence between the would be more just and reasonable for the nation * With few exceptions the County Court is the parties, upon which the whole matter turned to provide a commercial code for the guidance of only local tribunal for the administration of civil contained a warranty that the bulk was equal to the community.

justice. Its compulsory jurisdiction is limited to the sample, but none that it was equal to the

" It has, indeed, long been the prevailing claims of small amount, except where the court is analysis. The term “guaranteed analysis," as

opinion amongst the chief states of Europe that invested with the power of a court of equity or there used, did not mean a “warranted” analysis the nature of commercial disputes differs so of admiralty, when the jurisdiction extends to in the sense of a warranty that the bulk should

widely from other causes brought before the ordi. matters varying in value for the several classes of correspond precisely in its constituent parts and nary courts of justice, that it has been deemed cases up to 10001., and excepting where the court proportionate strength with the analysis, but expedient to establish special courts, called tri. has the power of a court of bankruptcy, when the merely that an analysis should be fairly made, in

bunals of commerce, for their decision, under a jurisdiction is unlimited. But whilst the Royal the usual and proper manner, according to the special code of procedure. These courts are in Judicature Commission is still prosecuting its custom of the trade : (Towerson v. The Aspatria France composed of three judges, selected from labours to determine in what manner justice Agricultural Co-operative Society (Limited), 24 the commercial class. In places where no tribunal should be administered by the several local courts L. T. Rep. N. S. 297.)

exists, the local judge associates with himself and the Superior Courts, your committee have not mercantile judges to constitute a tribunal for the thought it expedient to attempt to engraft the

occasion; but in Hamburg the tribunal is com- system of tribunals of commerce upon any of the TRIBUNALS OF COMMERCE.

posed of a number of the legal profession, as- existing courts of justice. Yet in any reorganisasisted by two commercial men.

tion of the judicial system of the country it seems The following is the Report of the Select Com. " The tribunal of commerce in France possesses to your committee that the County Courts might mittee appointed last Session to inquire into the exclusive and compulsory jurisdiction for the trial | form a convenient and economic basis for the expediency of establishing tribunals of commerce, of all commercial disputes, which are thus classi. establishment of such tribunals. or of otherwise improving the adıninistration of fied in the French Code, subject to some special “Your committee would not interfere with the justice in causes relating to commercial disputes qualifications, which will be found in detail in ordinary jurisdiction of the County Courts for in England

chapter 2 of the Code On the Jurisdiction of sums under 201., but they are of opinion that a “The report of the evidence taken by the select the Tribunals of Commerce,' appended to this tribunal of commerce should be established in such committee appointed in 1858 having been referred report :

of the large towns throughout the country as to your committee, it appears that much impor- * • 631. Tribunals of Commerce shall be compe- might be selected as centres of surrounding dis. tant information was then obtained respecting the tent to adjudicate on the following matters; 1. tricts, having regard to the population and com. constitution and operations of tribunals of com- All disputes relative to engagements and mercial activity of each district; and that the curt merce in several states of Europe. In further transactions between traders, merchants, and should be composed of one member of the legal pursuing the inquiry, your committee have exa- bankers. Co. 1. 2. Between all persons as to profession as the president, and of two other mem. mined several witnesses, who, from their position disputes relating to acts

Co. bers selected from the commercial classes for the and connections, were competent to express the 632, 633.

office of commercial judge, with a registrar to views generally entertained by the commercial *** 632. The law regards the following as acts of carry on the routine business of the court. Some classes respecting the present state of the judicial | commerce : All purchases of goods and merchan. approach to this system was made when the admisystem in this country, and your committee have dise for the purpose of re-sale, either in raw state ralty jurisdiction was conferred on the County come to the conclusion that general dissatisfac. or after they have been worked up, or even simply Courts. The judge in these cases is assisted by tion exists amongst the mercantile community at let out for use; every undertaking of a contract two nautical assessors, and it appears from the the manner in which justice is administered in to supply carriage by land or water; every trans. evidence that the court so constituted gives great commercial cases by the Superior Courts. action relating to furniture, of agencies, of open

satisfaction. Should the business of the tribunal ** This dissatisfaction may be ascribed to the ling places of business, of establishments for sales be so extensive as not to admit of the County following causes ;-Delay in the progress of the by auction, and public entertainments; every Court judge and registrar conducting the business cause ; expense in the preliminary procedure and operation relating to exchanges, banking, or of the court, the President and registrar shoula be in the trial of the cause : the difficulty of bring- brokerage; all the operations of public banks ; appointed by the Crown. The selection of the ing the real question in dispute before the court all obligations between traders, merchants, and commercial members of the court is by no means in a satisfactory manner; the frequent inability bankers; and between all persons as to notes of 'free from difficulty. It will be seen from the

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commerce.

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paper recently laid before the French Chamber,

MARITIME LAW.

COUNTY COURTS. and translated in the appendix, that several changes have taken place in the mode of making

NOTES OF NEW DECISIONS. the selection in France which have been greatly

BIRMINGHAM COUNTY COURT. influenced by political considerations ; but as RIGHT OF Ship's AGENT TO SUE FOR NECES.

(Before R. G. WELFORD, Esq., Q.C., Judge.) the sole object of appointing the commercial SARIES.-The agents of a foreign ship in a British

Wood v. ROBERTS. judges is to secure impartial and intelligent judges, port, who have paid for necessaries supplied to in whom those subject to the jurisdiction of the her, or who have rendered themselves liable to The liability of married women to be sued. tribunal may have confidence, your committee are

pay for such necessaries, may sue the ship for M. Maher appeared for the plaintiff, and Dale of opinion that this object would be best attained such advances as were made on the ship's account, (from the office of Messrs. Duignan and Lewis, by empowering the Lord Chancellor to appoint but not for the balance of a general account Walsall) for the defendant. persons engaged in business in the district of against her owners. A co-partner in a ship may

His Honour gave the following judgment ia the highest probity and reputation to be com.

sue the ship for such advances made by him, but, this case :- This is an action by Mr. Edwardsmercial judges.

semble, not if the co-partner is interested in the Wood against Mrs. Roberts for his bill of charges “The number of the mercantile judges to be particular voyage for which the ship is supplied.

an attorney in respect of proceedings taken appointed for each court should be proportioned The West Friesland (Swa. 455) followed: (The on her behalf in the Divorce Court. Mrs. to the business to be conducted; so that each Underwriter, 25 L. T. Rep. N. S. 279. Adm.)

Roberts was then a feme covert, but she had not judge would only be required to attend the court SHIPPING-CONTRACT TO LOAD COALS-SUB- seen, nor had any communication with, her hus for a limited period. The attendance might ordi. SEQUENT DISPUTE AS TO PRICE-ACCEPTANCE band since Sept. 1863, when he deserted her. narily be by rotation, reserving to the legal judge GIVEN AT A TIME WHEN CARGO Lost-FAILURE | Her husband, in April 1865, was resident in Scot. the power of selecting from the mercantile judges OF CONSIDERATION.- The plaintiff, a shipbroker | land, under the name of Samuel Donslaw William those skilled in the business out of which the and coal merchant at Newport, was, in Dec. last, son. On the 11th April his estate was sequesdispute may have arisen, whenever it might be in negotiation with the defendant, a merchant trat and one Malleson was appointed trustee found to be desirable. The office of commercial Liverpool, with reference to the plaintiff's ship of the sequestrated estate. This was a Scotch judge, like that of a justice of the peace, should be ping a cargo of coals on board a vessel at Newport bankruptcy. The 28th April was duly appointed regarded as an honourable duty, not as a source called the Vectis, chartered by the defendant for a or the public examination of the bankrupt, who of emolument.

voyage to Lisbon, the charter stipulating it was to failed to appear, and on the 29th April a warrant “The jurisdiction of the tribunals should be be loaded in five clear working days, or demurrage was granted to apprehend him under the 88th compulsory and exclusive over all causes which would become payable. The coals were sold to section of the Bankruptcy (Scotland) Act 1856, might be classified as commercial, either accord. the defendant at Liverpool on the 14th Dec., at 19 & 20 Vict., c. 79. Under this warrant the bank. ing to the French classification, or according to 108. a ton, by the plaintiff's agent there, who sent rupt may be apprehended in any part of the that which has prevailed in the country, in dis. the order to the plaintiff by post on the same day, United Kingdom. A duly certified copy of the criminating between the trader and the non- and on the following day, the 15tlı, sent him a warrant is in evidence. The bankrupt had in trader under the bankruptcy laws. The fact that telegram as follows: “Please load Vectis for fact absconded to Australia, and on the 21st special tribunals so long existed with a jurisdiction Lisbon, now ready at your port for Cohen,” to March 1865 he wrote a letter from Melbourne over traders alone for the administration of those which the plaintiff replied that as his stem was at to Mr. Johnston, in Edinburgh, in which is laws shows that no practical difficulty need be present so heavy he could not load the vessel, this passage :- Ir. Tod's action and the apprehended on this point.

and that coals were not then to be got, the defen- complexion things assumed made me think " It appears to your committee that in order to dant had better get coals elsewhere. In reply it advisable to leave Edinburgh. I have settled derive all the benefit expected from a Tribunal of to that the defendant wrote urging the plaintiff my business here, and, am going to San Commerce, it is essential that the procedure to do his best to load the vessel at once in order Francisco in a few days.” He then gives an ihould be of the simplest and most summary

to save demurrage, and forwarding notice of address for letters at the General Post Office in character, like that before the Tribunal of Com. lay days having commenced. The plaintiff San Francisco. The bankrupt has never been merce in Francs, or before justices of the peace in answered that it was impossible to load the vessel captured on the warrant, nor has he returned to this country. The complainant should be at within the time, and asked for an extension of it, the United Kingdom. Indeed, the defendant be. liberty to attend before judge or registrar to or if coals could be gotten elsewhere, to which, on lieved him to be dead. Nevertheless, she has prefer his complaint, and obtain a summons re.

the 19th Dec., the defendant replied, hoping more since 1870, when the plaintiff's debt was incorred, turnable at any time according to the nature of time for loading had been procured, or that the obtained a divorce from the bankrupt-substitute the case. The defendant should appear in person plaintiff had been able to get equally good coal service on him having been made according to the or through an agent to answer the complaint, and elsewhere at the fame price. The plaintiff pro.rules of the Divorce Court. Under these circumfurther stages of the proceedings it required cured the coal at an increased cost of 6d. a ton, stances the question to be decided in this action should be regulated by the circumstances of the and informed the defendant thereof, who, on the is, whether the bankrupt must bo taken to have dispute so as to bring the case to a speedy termi. 20th, telegraphed to the plaintiff, objecting to pay become ' an exile,” or to have “abjured the nation.

the extra 02., and stating that the coals must be realm," so as to render his wife liable to be sned “Your committee think it unadvisable to ex. loaded at the contract price at once. On the same at common law on her own contract as a feme clude altogether the intervention of professional day, the plaintiff telegraphed to the defendant: sole? In order to a decision, I will first dispose legal agents. They would, therefore, recommend

" We have arranged to load the Vectis to night,' of the objection that “abjuration of the realm that counsel and attorneys should be admitted to and on the 21st Dec. the defendant instructed the has been abrogated by Act of 21 Jac. 1, c. 28. assist the parties, without superseding their per- plaintiff hy telegram as follows : “ Load up Vectis By that Act sanctuary in England was abolished, sonal ttendance, as your committee are of opinion immediately, and save demurrage, and pay ad. and thereupon abjuration, according to the forms that in the greater number of cases the tribunal vance as per charter. Will arrange price after then used, in the case of offenders taking refuge would be able to dispose of the complaint on the wards,” and by post of the same day he wrote to in a sanctuary, ceased. But whether the term first appearance of the parties, by unravelling the the plaintiff that if 6d. a ton extra were now | “abjuration of the realm” or “exile" be still in cause of dispute and suggesting a fair and reason.

charged he should deduct it from the next cargo use, it is certain that there are conditions of able arljustment of their differences, without even loa led for him by the plaintiff. On the 21st the absence from the realm on the part of the resorting to a formal decision ; and that in many loading of the vessel was completed, and 461. ad husband which will give his wife remaining in other cases the tribunal would be enabled to vanced by the plaintiff to the captain for the de- this country the power of suing and the liidecide on the admitted facts wbilst they were

fendant on account of freight. On the 22nd the bility of being sued, in her own name—and as fresh in the recollection of the disputants. A bill of lading was signed by the captain, expressing a feme sple-upon her own contracts. Whether small number of cases, however, would present the delivery“ to order or to assigns” at Lisbon, the conditions under which the bankrupt husfeatures of legal complexity which might deserve which bill was, with the invoice and a bill of band of Mrs. Roberts absented himself from the the consideration of a higher tribunal. Your com- exchange for the full price of 10s. 61. a ton, sent realm have given her in contemplation of law the mittee believe that the present system of appeal by the plaintiff to his agent at Liverpool on status of a feme sole I will endeavour to ascertain. from the County Courts and from magistrates has that day, with instructions to hold it till the The cases on the subject seem to produce this been found sufficient for the protection of the defendant had “paid the advance and accepted general result, that where the absence of the suitor from injustice. They, therefore, think that the bill of exchange at 10s. 6d. a ton.” The de husband was voluntary, however far it may have a similar system of appeal might be adopted for fendant refused to accept the bill of exchange, appeared to be, or may have been, from his intenthe tribunals of commerce. In any case under withont an understanding as to the price, as men. tion to return to the realm, still such absence 5001., the appeal should only be allowed with the tioned in his letter of the 21st. After some dis. would not invest his wife with the legal attributes sanction of the court, and above that amount cussion the plaintiff, by post of the 24th Dec., of a feme sole in this country. But where the it should be allowed on the demand of either agreed to allow the extra 6d., and on the 27th Dec. abjuration or exile was such that the husband party.

the defendant repaid the advance and accepted the could not return to the realm, that it would have “Without knowing what other changes may be bill of exchange. The Vectis and her cargo were been contrary to law for him to do so, then the introduced into the judicial system of the country, lost at sa, in the Bristol Channel, on the morning wife in this country must be treated as a single your committee are unable to determine whether of the 24th Dec., and in an action by the plaintiff woman, and will therefore be capable of binding any additional expense would be occasioned by the held by the Court of Exchequer (Brainwell, Chan case falls under a voluntary or compulsory ab,

to recover the amount of the above acceptance, it was herself by her own contracta. To see whether this establishment of tribunals of commerce. But it seems to your committee that if a reasonable scale nell, and Pigott, B.B.), making absolute a rule to sence on the part of the defen lant's husband, I of fees were charged for the business transacted, coals had not been shipped in pursuance of any of the realm and crile, and the principle on which

enter a verdict for the defendant that, as the will examine shortly the old law as to abjuration the receipts would be sufficient to cover the expenditure. The withdrawal of all commercial causes,

contract between the parties, the plaintiff could it is founded. Blackstone (vol. 4, Christian's edit. in the firxt instance, from the Superior Court: not recover. The contract was to load on board 332), after describing sanctuary, and how the wonld afford a reasonable expectation that the at 10s. a ton, and if, when the plaintiff charged Gul, accused person, by confessing and describing his number of judges of those courts might be a ton extra, and the defendant objected to it and offence before the coroner, and by oath abjuring diminished, so that the saving of charges on that said, “load the vessel and we will arrange price the realm, and engaging to depart at an assigned account would be equal to any deficiency arising afterwards,” the plaintiff had ngrood to that pro. port, never to return, might obtain the opportufrom the expense of the tribunals of commerce.

posal, he might have rocovered on a quantum nity of going abroad without personal punishment, “ August 3, 1871."

meruit; but he did not do so. He went on dis. adds, But by his abjuration his blood was puting as to the price, and instructed his agent to attainted, and he forfeited all his goods and

hold the documents till his terins were accepted chattels.” Now the obvious reason why the wife of AN EVENING BEVERAGE-GACA'OINE. - The Food by the defendant, and when at last he agreed to a person who thus abjured the realm was enabled Journal says :--Be a new process to which the nibs are allow the extra 6d., it was too late, the coals had to sue in her own name, was that her husband subjected, the principal part of the oil is effectually then gone to the bottom. The coals, therefore, had become what was designated civilly dead ; removed ; a thin beverage, well adapted for afternoon or evening use, as a substitute for ten, being the result. contract, enabling the plaintiff to maintain the to exist. Again, in Coke's Commentary upon

were not shipped on board in conformity to any that is, his civil right in this country had ceased The flavour of Cacaoine will, in addition, be a great action, and there was an absence of all considera. Littleton (132 b. 133 a) it is said : -" In some attraction to all." - Each packet or tin is labelled. JAMES EPPs & Co., Homeopathic Chemists, London."

tion entitling him to recover on the bill of ex- cases a wife hath ability to sue and be sned withAlso makers of Epps's Milky Caca'oine (Caca oine and change : (Williams v. Cohen, 25 L. T. Rep. N. S. out her husband, for the wife of Sir Robert Bel. Condensed Milk.) 300. Ex.)

knap, who was exiled or banished beyond the sea,

66

did sue out a writ in her own name, without her principal and interest, left a balance of only 1431. of one of the boys at the Faversham“Grammar husband, he being alive.” So Lord Coke says :- applicable towards payment of the third instal. School, for goods which had been supplied by “King Edward the Third brought a quare impedit ment of dividend. Accordingly, the surety was at the plaintiff, a tailor in the same town, to the against the Lady of Maltravers, and she pleaded this time uncovered to the extent of about 1171. defendant's son. The facts of the case were as that she was covert of baron; whereunto it was On Friday, the 6th May 1870, Ellis was served follows: replied for the kin, that her husband, Lord Mal with a debtor's summons in bankruptcy, at the In Jan. 1871, Dr Smith, of Cheltenham (the detravers, was put in exile for certain cause, and she instance of Mr. William Pritchard, wool merchant, fendant), placed his son, a boy between fifteen was ruled to answer.'

.” In these and other cases of Leeds, a creditor for 2821. in respect of goods and sixteen, at the Faversham Grammar School, of the same sort the husband was banished “or supplied since the date of the composition, and under the care of the Rev. James Hunt, the put in exile” without any formal sentence by any this coming to the ears of Ramsden, he at once principal. The lad had been previously at Chelcourt, but merely by the will of the Crown, and went over to Morley, and on the Monday morning tenham College, but having incurred a consider was bound to remain there“ until he obtained the took Ellis with him to Leeds, and there saw Mr. able number of debts, had been removed by his king's grace.” In each case of exile there were Walker, solicitor, who had acted professionally for father. The fact of the son's debts whilst at Chel. none of the disabilities implied by the term civil Ellis in the matter of the composition, and also tenham had been communicated to the principal death, but the husband was out of the realm prepared Ramsden's mortgage security. Ellis, at of Faversham School, and in one of his letters to under a species of compulsion, and could not re- that time, declared that he was being pressed by the father of the boy were these words—“In a turn without becoming liable to personal conse- no other creditor, and that be had 100 ends of cloth small town like this, I could at once prevent him quences of a penal character. But the reason for in the hands of Mr. John Purchon, cloth finisher, from running into debt.” The master had been giving the wife the attributes of a single woman which, if sold, would realise enough to satisfy the rep.atedly forbidden by the boy's father to allow applied as much to the latter class of cases as to debtor's. summons, in addition to the sum due to him to incur any liabilities whatever, other than the former, i.e., her husband being absent under | Purchon, and accordingly Ellis and Ramsden went the school expenses. compulsion, could not stand in the ordinary together to the finisher and tried to induce him to The boy had been handsomely provided with legal relation to her and her contracts as part with the goods ; but, however, without suc- clothes and other necessaries, previously to his he would do when here, or might do if his cess, as some portion had been delivered to the becoming a pupil at the school; but it appeared absence was purely voluntary. Accordingly, we fuller and some to the dyer, both of whom wanted that during his stay there, the principal wrote to find that the principle of the exceptions to the balances of Ellis, and Purchon considered the the plaintiff the following letter : “Please supply rule that the wife shall not sue without her remainder would not more than about satisfy his Dr. Smith's son with a pair of flannel trousers, husband, which had been established under the own claim.

&c. ;” upon receipt of this, the plaintiff from old law, has been extended to transportations, On the Tuesday morning Ramsden went over to time to time served the defendant's son with whether for life or for shorter periods. The case Morley again and saw Ellis, and having ascertained clothes amounting in value to upwards of 121. of Carroll v. Plencow (4 Espinasse Rep. 27) seems that the debtor had a few ends of cloth in hand, He now sought to recover this sum from the to be a clear authority for the proposition, that induced him, by persuasion, to go with him to defendant. where the husband's sentence of transportation Mr. Hirst, his landlord, and sell the ends for 701., Hayward (of Rochester), contended that the has expired, if, in fact, he has not returned to this payment being made in a three months' accptance, defendant was liable for the goods supplied. They country, the right to sue alone remains in his wife. which was the same day endorsed over to Ramsden, were clearly necessaries, because the other boys in And Lord Alvanley in that case expressly held who in due course met the third instalment of the school had them, and therefore they were custhat, if the defendant in such an action by the composition, and after giving credit for the pro tomary for persons in the boy's station in life. The wife meant to rely on the husband's return, the ceeds of his mortgage security and the 701. master had given the plaintiff the order, and proof of it lay on the defendant. It is said that acceptance, was left deficient about 47l.

there was an implied authority from Dr. Smith transportation having been'abolished-or at least Before the end of May 1870 Ellis was adjudi. that he would be answerable for the debt incurred. discontinued that that case cannot govern cated bankrupt, on the petition of Pritchard, for He submitted that the letter of the defendant to the present; but, inasmuch as the principle of the nonpayment of the amount of the debtor's the master, desiring him not to allow his son to the old law of abjuration and exile was applied to summons, and the bankrupt's balance-sheet after, pledge his credit, did not effect this action, as the transportation, so I apprehend the same principle wards filed in court disclosed liabilities 3191., and implied contract to pay moved from the father to must be equally applied to new circumstances available assets 1271. The present application the tradesman. which involve the same consequences, as, for in. was by way of motion on the part of the trustee stance, to the case of the husband undergoing a in bankruptcy for recovery from Ramsden of the the goods supplied were not necessaries, they con.

F. G. Gibson (Sittingbourne), argued, first, that sentence of penal servitude. Regarding the ques. amount of the acceptance received by him from sisted of cricketing and rowing suits, &c., which tion in the present action by the light of the pre. Ellis, and Mr. Simpson, solicitor, of Leeds, who the defendant's son did not in any way need ; the vious applications of the law, can it be held that appeared in support of the motion, contended that school was intended for the most part for sons of Mrs. Roberts's case is brought within the excep. the transaction constituted a fraudulent prefer- gentlemen of limited income, and it could not be tions I have referred to ? I think it is properly go ence under sect. 92 of the Bankruptcy Act 1869, supposed they were to spend large sums every year brought. Iam of opinion that her husband is absent nasmuch as the debtor had given the acceptance in fancy suits. Secondly, there was nothing to from the realm under circumstances which enable to Ramsden, out of regard for the relationship charge the present plaintiff, there being a total her to sue, and subject her to be sued alone. Her existing between them rather than from any pres; denial of the master's agency, and the implied husband is a bankrupt, whose property of every kind sure operating on his mind at the time; and laid authority to pay (if any) was from the master to has passed to his trustee. He has failed to attend stress on the fact that when the acceptance was on the day fixed for his public examination, and handed over, Ramsden had not been called upon there was no privity whatever, either by implica

the tradesman, and from the father to the master, a warrant for his apprehension has consequently to pay anything on account of his suretyship, tion or otherwise between the present plaintiff and been issued. Under that warrant he may be the last instalment of composition not being due. arrested the moment he sets his foot in the On the other hand, Bond, solicitor of Leeds, who defendant. Thirdly, even if the master was an United Kingdom, and the letter he wrote from appeared to oppose the application, reviewed at agent

for the father, the latter could only be liable Melbourne proves that he is fully aware of the length several cases bearing on the subject, and that the words " et cetera

for goods specifically ordered, and he submitted

could not bear so legal, I may say the penal, consequences which maintained that his client was entitled to the pre-extensive a construction as had been put upon will occur to him on his return, by reason of his ference he had got, being a creditor in good faith them by the plaintiff in this action, who had, by the flight from justice. His condition of exile is as and for valuable consideration. complete as it can be made by anything short of In giving judgment, His Honour recapitulated the value of 101. He argued the defendant was

authority of those words alone supplied goods to a judicial or Parliamentary banishment. As re- the facts as stated, and pointed out, as an impor not liable for any of the goods. sonal contracts his disabilities are as absolute bankrupt had been followed about for several days between Higham (the plaintiff') and Dr. Smith gards property, in his power over his wife's per tant circumstance indicative of pressure, that the

His HONOUR said he was of opinion that as as those of a man who, the language of the old by Ramsden, who, even when the acceptance was law, was held to be civilly dead. Upon reason drawn and in the hands of Ellis, was unable to the defendant), there was an implied authority and principle, therefore, I feel bound to hold that obtain it until after a course of importunity or

for the master to pledge Dr. Smith's credit for Mrs. Roberts, the defendant, is liable to be sued 'teazing,” as one of the witnesses termed it goods supplied to his son, and that this existed, alone on the contract she has made with the extending over an hour. Recent decisions went notwithstanding the express direction given by plaintiff. There will be a verdict for the the length of determining that even where the the latter to the contrary. He also considered plaintiff. I have looked through the plaintiff's debtor had mixed motives for preferring one cre.

the "et cetera" included not only the goods specibill of costs (with the aid of the registrar), and I ditor before another, yet if any one degree, how. fically ordered on that particular occasion, but think the sum of 31. 158. is amply sufficient for ever slight, of actual pressure was brought to bear also all the goods, and potwithstanding the father the work done. For that sum the plaintiff will in good faith by the favoured creditor, he should had never seen the clothes, they were properly have a verdict.

be entitled to the fruits of his diligence and im- described as “necessaries." He therefore gave
portunity. On the facts as disclosed by the evi. judgment for the whole amount.
dence, the learned judge had no hesitation in

F. G. Gibson applied for leave to appeal, which DEWSBURY COUNTY COURT.

deciding that Ramsden was a creditor for valuable was granted.
Friday, Sept. 29.
consideration, who had exercised actual and bona

Judgment for the plaintiff'. (Before — Barber, Esq., Deputy Judge.)

fide pressure, and, therefore, he dismissed the

motion, but without costs, believing the case to
Re ELLIS.
be one in which the trustee was fairly justified in

BANKRUPTCY LAW.
Bankruptcy-Fraudulent preference-Pressure. putting the creditor to proof of the validity of his
In July, 1869, Edwin Ellis, cloth manufacturer,

claim.
of Morley, effected an arrangement with his cre-
Bond asked for his Honour's ruling as to the

NOTES OF NEW DECISIONS. ditors for payment of a composition of 10s. in the costs of a former motion which had been aban.

BANKRUPTCY ACT 1869, s. 95, SUB-SECT. 3 AND pound, by three equal instalments at four, eight, doned on the ground of irregularity; and, ulti

s. 125, SUB-SECTS. 4, 5, AND 7-SEIZURE UNDER and twelve months, respectively. William Rams. mately, the parties agreed, with the sanction of EXECUTION-SALE DELAYED BY INJUNCTIONden, estate agent, of Leeds, his brother-in-law, the court, to an order allowing costs on the motion

APPOINTMENT OF TRUSTEE UNDER LIQUIDATION becoming suretg for payment of the last instaljust heard, no costs being asked for on that pre- BEFORE SALE – EXECUTION PROTECTED ment, which came to abc::t 2601., and the latter viously abandoned.

AGAINST TRUSTEE. -- After execution levied on receiving, as counter security, a second mortgage

the goods of a debtor, a petition for liquidaticn of the debtor's dwelling house.

FAVERSHAM COUNTY COURT.

was filed by the debtor, and notice thereof served The debtor met the first instalment when it became due, and in April 1870, when the second

Friday, Oct. 13th.

on the bailiff. On the day appointed for the sale was about falling due, sold his machinery for the

(Before W. C. SCOTT, Esq., Judge.)

an order of the court was obtained for the appoint.

ment of a receiver, and an injunction was granted purpose of meeting it; at the same time renting

HIGHAM V. SMITH.

to restrain further proceedings under the execu. premises and machinery on favourable terms, in Liability of a father for goods supplied to his son, tion. Subsequently a trustee was appointed. order to carry on his business as usual.

whilst at a boarding school.

Held, that the goods seized were the property of Shortly afterwards Ramsden sold the property Held: The father was liible to the tradesman sup- the trustee, and that the execution creditors were comprised in the second mortgage given to him, plying them, although the master was expressly not entitled to be paid their debt out of the probut realised less than was expected ; and, after forbidden to pledge his credit.

ceeds of the sale: (Ex parte l'eness, re Gwynn, 25 satisfaction of the first mortgagee's claim for 'This was an action against Dr. Smith, the fathe L. T. Rep. N. S. 311. Bank.)

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LAW STUDENTS' JOURNAL if such property had been duly surrendered to the jury must decide upon the facts; the law pre

such uses as he might appoint: (sect. 22, 1869 sumes in favour of the innocence of the accused; Act.)

that it regards the evidence of accomplices with ANSWERS TO THE FINAL EXAMINATION

VII. CRIMINAL LAW AND PROCEEDINGS BEFORE suspicion ; that a confession is admissitle, if QUESTIONS.

MAGISTRATES.

voluntary; that dying declarations are admis. TRINITY TERM 1871.-SECOND DAY.

71. Crimes and offences-Difference.-A wrong sible. In case of perjury two witnesses are necesVI. BANKRUPTCY AND PRACTICE OF THE COUETS public at large would amount to a crime, whilst

done with a criminal intent which affects the sary to convict: (Broom's Com., 991, 4th edit.) --(continued).

82. Murder of B. by A., at the instigation of an infringement of the civil rights which belong to C. and of A. by C. to conceal facts-Evidence of the 62. Proof of creditor holding security. — The individuals, considered merely as individuals, murder of B.-On the trial of c. for the murder creditor may, on giving up his security, prove would amount to a civil injury and be cognizable of A. the evidence of B.'s murder would be adfor his whole debt,

otherwise he must state in his in the civil courts only : (Broom's Com. p. 861, missible, as showing the motive for the prisoner's proof the particulars of his security, and the 3rd edit.)

wrongful act: (Rex v. Clews, 4 C. & P. 221 ; Rusvalue at which he assesses it, and he may then 72. Punishments, penalties, and damages sell on Crimes, 290, 4th edit.) prove for the deficiency. The trustee or any Difference. -- Punishments are the penalties for 81. Direct evilence and circumstantial evidence. creditor, if dissatisfied with the value put upon it, transgressing the law made to the community atDirect evidence is that of eye witnesses or those may call upon him to realise, and the trustee will large, and not to private persons, and consist who speak from their actual and personal knowbe entitled to any sum realised beyond this, but mainly of imprisonment and penal

servitude. ledge of the existence of a fact. Thus, if a witthe creditor must bear any loss ; or the trustee Penalties consist of fines or other pecuniary ness attest that he saw A. inflict a wonnd en B., may redeem at the assessed value at any time forfeit, and these are awarded for crimes, or are

this is direct evidence. Circumstantial is where before realisation : (Gen. Rules 99, 100, 101, and reserved under agreements to secure the perform the fact in dispute is to be inferred from other 136.)

ance of the contract. The difference between facts satisfactorily proved. Thus, if a witness 63. Creditors of the firm, and of separate penalties and damages is, that a penalty exceeds attest that a deceased person was shot with a pistol partners.--By sect. 103 of the 1869 Act, the sepa- the actual damage occasioned by the wrongful and the wadding is found to be part of a letter rate estate of each partner is applied in the first public or private act, whilst damages are a com

addressed to the prisoner, the re idue of which is place towards satisfaction of his separate creditors, pensation awarded proportioned to the private found in his pocket, the evidence is circumstantial : and any surplus after payment of all the separate injury sustained.

(1 Taylor on Evidence, 78.) creditors in full is applied towards satisfaction of

73. Proceedings either criminally or for damages. 84. The car linal rules respecting circumstantial the joint debts. In the same way the joint estate -In cases of a public nuisance causing any indivi- evidence.-1. The circumstances from which the is applied in the first place in satisfying the joint dual special damage, of assault, libel, also cases conclusion is drawn should be fully established. debts, and in case of any surplus after paying under Lord Campbell's

Act (9 & 10 Vict. c. 93) for 2. All the facts should be consistent with the them in full, the share of each partner in such compensation in the case of personal injury caus- hypothesis. 3. The circumstances should be of surplus is applied in payment of his separate ing death, forging trade marks (25 Vict. c. 88);

a conclusive nature and tendency. 4. The rirdebts : (Sect. 100, et. seq., Gen. Rule 76.)

also where a vendor, or mortgagor, or his solicitor, cumstances should, to a moral certainty, actually 64. Settlements by bankrupt void:-. If the settle infringes the provisions of 22 & 23 Vict. c. 35, s. 21 exclude every hypothesis but the one proposed to ment is voluntary, by 13 Eliz. c. 5, if made with a view to insolveney, or when in insolvent circum- considered is whether the punishment of the 3rd edit.

74. Advice in such cases.--The principle to be be proved : (1 Starkie on Evidence, 571, 575, stances, it may be set aside by creditors. By offender for the public wrong, or the compensation 85. Proceedings in case of felony. The 32 & 33 Vict. c. 71, s. 91, unless of the wife's pro- of the party for the private injury be more desir- offender must first be brought before a justice of perty, if made by a trader, it is void if the settler able : (see Rex v. Wheatley, 2 Burr, 1125.)

the peace, who hears the evidence against him. becomes bankrupt within two years after the date,

75. Difference between the criminal procedure in the depositions of the witnesses are taken down, or if within ten years of the date, unless the bank: the Anglo-Saxon times and now.-In ancient times signed by the witnesses and justice, and then rupt can show that he was otherwise solvent at the onus of proving himself innocent rested upon read over to the prisoner, who is asked whether he the time. 05. Of misdemeanors: --The following are some undergo the trial by ordeal, or by battle ; the he is duly cautioned, and whatever he may say is

the prisoner, and for that purpose he had to wishes to say anything in answer to the charge ; of the principal for which he is liable to imprison characteristic difference between that and the taken down in writing, and may be used against ment not exceeding two years, with or without present procedure is, that now

a prisoner is sup. him. He may also call witnesses, and if he does hard labour :- If he does not discover to the posed innocent until proved guilty, and the onus

their evidence is taken down, signed, and transtrustee all his property, or deliver up all in his of proving the guilt lies upon the prosecutor : (see mitted in the same way as that of the Crown witcontrol or all his books, or conceals any part of 4 Steph. Com. 497, et seq. 6th edit.)

After he is committed for trial the inhis property to the value of 101. or any debt due

76. Necessary ingredient to crime.First, there dictment is prepared, and if a true bill is found by to or from

him, or fraudulently removes any part must be a vicious will; and, secondly, an unlaw. the grand jury the trial takes place, and if of his property, or allows a false debt to be proved, ful act consequent upon such vicious will. The

the evidence is sufficient he is convicteil. or false entry to be made in his books, or pre

case of an assault by a lunatic would be an instance general there is no appeal in criminal cases as to vents production of them, or mutilates them within when, if he were not conscious that he was acting facts. Error in procedure may be taken a lvanfour months of petition, or attempts to account contrary to law he would not be liable, but it tage of hy motion to quash the indictment, error for any part of his property by fictitious losses, or would be otherwise if conscious that he was doing in law by writ of error, or a case may be stated within four months of bankruptcy obtains goods wrong : (4 Steph. Com. 111, 6th edit.)

for the opinion of the Court for Crown Cases on credit by false representation, which are still unpaid for; or, being a trader, pawns property --Persons of unsound mind, 'infants under four: indietinent is preferred in the Queen's Bench, if

77. Classes of persons exempt from punishment. Reserved. A new trial may be obtained where the which ho has not paid for. He is also liable to teen in certain cases, and under seven in all cases, the verdict is against the weight of evidence : one year's imprisonment, and with or without and married women in certain cases, are esteemed (Arch. Crim. Pl. 178, et seq. 17th edit.) hard labour, if he obtains credit by false pretences incapable of committing, or at least excused from or by means of ary other fraud, or makes any the guilt of, crimes ; also crimes which are the gift or transfer of property with intent to defraud

mere creations of human laws may be excused by creditors, or conceals or removes, with a like duress per minas, but such duress cannot excuse

CORRESPONDENCE OF THE intent, any part of his property within two murder. The above are excused on the ground of

PROFESSION, months before the date of any unsatisfied judg: want of will : (4 Steph. Com. 113, 6th edit.) ment or order for payment of money obtained

78. Eremption on the ground of maulness.- NOTE.-- This department of the Law Ties beinx open to against him : (sect. 11, Debtors Act 1869.) 66. Bankruptcy, justices of the peace.- He re- yet, unless it can be proved that he was quite A person may be suffering under a diseased mind, free discussion on all professional topics, the Editor not

responsible for any opinions or statements contained in it. mains incapable of acting as a justice of the peace unaware of the nature, character, and consequence until ho has been newly assigned by her Majesty of the act he was committing he will be criminally

Our INVADERS.—The sensible and temperate in that bebalf : (32 & 33 Vict. c. 62, s. 22.)

letter of "A Solicitor'' in the Law TIMES of Oct 21, 67. Property not belonging to bankrupt — Diri. responsible : (4 Steph. Com. 118, 6th edit., and see Hadfield's case there cited.)

is refreshing after the nonsense which I had the sible.- All goods and chattels at the commence.

79. Insanity-Erience. The state of mind of trouble of answering in my last letter; and cerment of the bankruptcy in the possession, power, the accused at the time of the commission of the tainly, on the broad basis of being a means of reor disposition of the bankrupt, being a trader, offence should be investigated and inquiries dressing all the Profession's grievances, his Law with the consent and permission of the true owner, should be made of the medical attendant and Guilds Scheme is much more palatable than when of which the bankrupt is reputed owner, or has others as to whether the prisoner or any member I considered it as simply a means for extermiundertaken the sale or disposition as owner, but of his family ever previously exhibited any nating a few poachers on our preserves. No one things in action other than debts due in course of symptom of insanity, also whether the prisoner wonld welcome more heartily than myself the trade or business are excepted : (sect. 15, 1869 suffered from any delusion that prevented his restoration of the departed power of the Profifa Act.)

at the he

sion, as a profession, or, if it be only dormant, its 68. Presentation to ecclesiastical benefice.-- The wrong, or which at any rate disguised from him awakening; and though I have not, I confess; bankrupt is entitled to present, as the property the murderous nature of his act: (See Broom's much faith in the present scheme, yet I should be which vests in the trustee does not include the Com. 886 et seq. 4th edit.)

most sorry to throw cold water on any scheme right of nomination to a vacant ecclesiastical benefice : (sect. 15, 1869 Act.)

80. Principals and accessories in felonies and which has so bold and commendable an object.

misolemeanors.-A principal in the first degree is My reasons for fearing it will not succeed are, that 69. Land burdened, with onerous corenants- the perpetrator of the crime; a principal in the the different members of the Profession and her Property saleable.--In such a case the trusteo second degree is one who is present either actually much sundered by political opinions, and other may disclaim by writing under his hand, notwithstanding he has taken possession of the property, be done. An accessors before the fact is one who combinations and other societies for law guilds to

or constructively aiding and abetting the fact to causes, and so much separately welded into other or exercised any act of ownership in relation is abent at the committal of the felony, yet pro- have any chance of drawing each out of his own thereto, unless he neglects to do so within twenty- cured, counselled or commanded another to commit groove and welding

them into a fresh mass and be eight days, or such further

time as the court it. An accessory after the fact is one who, know- thus creating a new body out of the severed limbs allowed after application in writing by the party ing a felony to have been committed, receives

, of ochers. It is much the virtues of the Profession ini rested to do so, and in such case it shall be relieves, comforts, or assists, the felon. There as their apathy, or any other cause, that will deemed to be forfeited, determined, or surrendered from the date of adjudication, but no estate or

are no accessories in misdemeanors : (4 Steph. prevent the lawyers, as a body, forming into any interest shall remain in the bankrupt, and any Com. 128, et seq. 6th edit.)

kind of trades union or other political combina. person intereste i may apply to the cou:t for such the best evidence the nature of the case will almit fice their separate opinions and private sympathies;

81. Principal rules of evidence. They are: that tion. Most of them are too high-minded to sacri. disclaimed

property to be delivered up to him, of must be produced, if it is possible to be had ; if to give up their separate political consciences and and any person injured by a disclaimer shall be not, then the next best evidence that can be had to throw their united weight on Parliament, in deemed a creditor and prove as a creditor : (sects. Shall be allowed ; that hearsayevidence is not admis- order to secure some selfish end; yet unless

they 23 and 24, Act 1869.) 70. Copyhold or customary property.

sible : that entries made by a person since deceased could be persuaded to do this, unless they would

The when against his own interest, or made in the usual consent to sacrifice all private associations to the trustee need not be admitted to copyholds, but course of business, may be received: that the good of the body, the “ law guilds” kont be may deal with the same in the same manner as

court must construe written documents, and that simply centres of contention, masses of discord,

casos

a

and battle.grounds for political discussions, and or his estate has gone into liquidation. If the

7. TALLYMAN'S BILL.--Can any of your readers inprofessional rivalry. The trades unions and com- debt be under 501. the execution-creditor has the form me whether a poor man would have any defence to binations which are so powerful in the country, right to sell sufficient to cover his debt and costs

an action in the County Court brought to recover the

balance of a tally man's bill for goods supplied to the are composed of men who prefer their own selfish and to retain the same, but, if the debt be wife of the former without her husband's knowledge ? purposes to all other considerations, who would over 501. he must, when bankruptcy or liqui- None of the articles supplied were ever seen by him, unhesitatingly shipwreck the country, or throw a dation intervenes, hold the proceeds for the but found their way to the pawnbroker, and immedi. curse on humanity, if by so doing they could trustee of the creditors, and hand the same to ately the matter caine to his notice he called upon the

I was under forward their own particular dogmas; and their him less the expenses of sale.” The power of the tallyman and repudiated the transaction. strength lies in their unscrupulousness. Solicitors court to restrain the proceedings of the execution time ago to protect men from tallyshops, unless they

the impression there had been an Act passed some will never stoop to a combination such as one of creditor ought not according to the view of the signed for the goods ; but as I cannot find it among the these, and an attempt at any other, an attempt to Lord Chancellor expressed in Ex parte Rocke, re statutes I must have been in error. References to make men hold together over certain professional Hall (25 L. T. Rep. N. S. 285), to be exercised to cases (if any) will oblige.

J. C. topics, but not on general political opinions, to fight the deprivation of the common law right of the in the same campaign, yet not bearing on the execution creditor, but only, where consistently testator devises and bequenths all his real and personal

8. Devise-IMPLIED OR CONSTRUCTIVE TRUST. – A struggle, with an ardour that will sink all other with those rights, the general body of creditors estate to his wife and two sons, upon trust (inter alia), considerations, to combine for political purposes would be benefited. For instance, where half a out of a competent part thereof to pay his father a yet not to go to the lengths of supporting any dozen executions had been levied, and a sale under weekly allowance, which he thereby gives and be ministry or any party however bad, that will pro- each was announced, or where the court was satis- queaths to him, for and during the term of his natural mise aid to the guild's own particular views, will fied that the property was being sacrificed by a

life,“ with a right to live in the dwelling house in I fear, end in a lukewarm struggle, and a hopeless hurried sale, but in those cases the execution payment of all and any rent for the same.”.

which he now resides, free and discharged from the

After failure, it will be beaten in the race for existence creditors would be entitled to their expenses of testator's death his father, wishing to reside with by its more unscr ulous rivals, and end in dis possession, &c. The court may restrain execution other relatives, chooses not to live in the said dwelling. appointment, irritation, and defeat. Moreover, creditors whose debts are under 501., but cannot house, and it is now let to other parties. Query, the lawyers are not sufficiently numerous to have dispossess them, and hence, when restrained, the whether he is, under these circumstances, entitled to

the rents thereof.

G. J. C. much power from mere weight of numbers, unless cost of possession for several weeks is incurred they hold very closely together, and they no with the sole object of giving the trustee of the 9. LARCENY-SUBJECT OF.-A. B. was charged with longer possess that monopoly of learning, and creditors the right to sell the property-sub- stealing acorus, under Criminal Justice Act, and conpower of position that anciently belonged to the ject, of course, to payment

of the execution victed. The evidence went to show that the prisoner ecclesiastical lawyers. Such are my fears for creditor's debts and

expenses. In

was found in a wood picking up acorns and putting them “ A Solicitor's” scheme, but most sincerely do I where the execution creditor seizes for

in a bag, and it was further proved that the acorns were

valuable as food for deer and were regularly collected hope they may be unfounded, and should his debt over 501. prior to an act of bankruptcy, but

for that purpose. It has since been contended that the exertions call into existence a power such as he has not sold before adjudication or a petition conviction was wrong, on the ground that acorns are has indicated, without the evils I have fore, which results in liquidation, there can no harm not the subject of larceny and it is said they form part shadowed, he may be certain that no such paltry accrue by restraining the sale, for if it took place of the inheritance and would descend to the heir and question as whether it ought or ought not to use the proceeds, by virtue of sect. 87, must be handed also that they are not the products of cultivation. The its fluence to suppress“Our Invaders” will pre- to the trustee, less the expenses. The only con.

acorns, of course, were previously severed, and it is

submitted that the foregoing reasoning is erroneous, vent its receiving my most hearty, though humble sideration, I venture to think, which the court and that the conviction was right. The opinion of support.

F. W. should regard in restraining an execution creditor some of your able correspondents will oblige. (We cannot insert further correspondence on this whose debt is over 501., is that it should reserve

J. W. M. subject.-Ed.]

for him the expenses which he has incurred by
his possession up to the day he is restrained. I

10. CONVEYANCING. Will some of your readers give

me their opinion on the following case ? S., in 1869, EXECUTION CREDITORS v. TRUSTEE.--Farl be will not touch upon the reasoning by which the

made an assignment of all his estate and effects to it from me to object to the utmost freedom of learned judges have arrived at the conclusion that A. B. and C. D., as trustees, for the benefit of his credidiscussion on any comments or arguments of the common law rights of execution creditors are tors. The deed was duly registered in conformity with mine: a writer on a subject of controversy in a unaffected by the present Bankruptcy Act, but the Bankruptcy Act 180s, and both trustees acted in public print expects and invites criticism of his must express my concurrence with the views of the winding-up of the debtor's estate, which, however, statements and reasoning, but on the other hand Mr. Salaman, that, if the law has been properly of freehold property which has been mort zaved by him

failed to pay a dividend. S. was at the time possessed it is necessary for him to disclaim an incorrect expounded, the Act of Parliament falls short in to a loan society to its full value, and the society called representation of his argument by an unsuccessful carrying out the intentions of the Legislature. upon the trustees to pay off the mortgage. This the attempt to exhibit it in a short form, and to guard By the cause list for Michaelmas Term find the trustees declined to do, and oue of them (C. D.) then against responsibility for opinions he has not ex- case of Slater v. Pinder is to be further discussed offered to purchase the mortgaged property in his pressed, and does not entertain. That Mr. Sala- in the Excheuquer Chamber : but seeing that it private capacity, and his offer being accepted he took man's misstatement of my argument was unin has been followed by the full Court of Appeal | sale and paid the purchase inoney out of his own

a conveyance from the society under their power of tentional I never doubted, and in his last letter | there is little prospect of its being disturbed. pocket. This sale was made before S.'s estate was finally it is correctly stated. Of its soundness I must

HY. BOLLAND. wouudi-up, and the fact of C. D. having made the purleave your readers to be the judges ; but as some

chase was communicated to all the creditors by a stateconfirmation of its correctness let me refer to a

ment to that effect at the foot of the balınce sheet of remark of the Lord Chancellor in the portion of

the winding-up of the estate shortly afterwards sent NOTES AND QUERIES ON

them by the trustees. C. D. has recently contracted to the judgment in Ex parte Rocke, given at p. 421 of

POINTS last Saturday's LAW TIMES, who uses these

OF PRACTICE.

sell a small part of the property thus lought by him

to F., but Fi's solicitor declines to complete the purwords : “ Whether it was called a security or not

chase upon the ground that C. D. having been a trustee the right of the creditor to compel the sheriff Notice... We must remind our correspondents that this

for the debtor and his creditors could not purchase the

column is not open to (questions involving points of law to proceed to a sale could not be disputed ; in such as a solicitor should be consulted upon. Queries will

property in a private capacity. Can C. D. compel F. fact, sect. 16 seemed to treat this right as a secu.

be excluded which go beyond our limits.

to complete, or can he obtain a confirmation of his N.B. - None are inserted unless the name and address of the rity.” Some earlier remarks on the subject of sect.

conveyance from any and what persons ? writers are sent, not vecessarily for vublication, but as a

A CONVEYANCING CLERK, 95 show that the opinions of Lord Hatherley and guarantee for bona fides Mr. Salaman are entirely opposed on that subject. To show that your correspondent's arguments

Queries.

Answers. are not unimpeachable, let me extract a few words 1. SEDUCTION - INFANT. - (1) Can

(Q. 117.) ACTION ON STOPPED BANK NOTE.--From action for

Miller v. Race (1 Burr. 152), Grant v. Vaughan (3 Burr. out of his last letter. After setting out the pro. seduction be maintained against an infaut ? (2) Would

1516), and Peacock v. Rhodes (Dough. 633), I find that position in my former letter that an execution damages be recoverable for loss of services during a primii facie the bearer of a bank note is entitled to creditor becomes a secured creditor, for he ac. longer period than gestation and continenent ? Cite

receive the money inerely on the score of his possession, ca es upon the points,

LEX. quires the same right as a mortgagee regarded

that no other person is entitled to the note unless he is from an equitable point of view, though differing

also entitled to the money; and whoever impeaches

2. NUISANCES---REMOVAL.--Can you recommend me in the mode of creation and the manner of en

his title must take the burden of proof upon himself. au inexpensive work which gives an epitome of, and

But the principle of all the above cases is that the party forcement, he comments on it in these words: rotes upon, the various Acts passed up to the present

in possession of the note is a bona fide holder for a “No two things appear to my mind more dissimi. relating to drainage and the removal of nuisances, not

valuable consideration. From the circumstances stated

P. lar in every respect than a mortgage even of in the Metropolitan district.

in the query of “An Old Subscriber,” the note appears personal chattels and an execution-one deriving

to have been received by the present holder upon an

3. ARTICLED CLERKS -- ATTESTING WITNESSES. its origin from an act of the debtor, and the other

illegal consideration, and having given no valuable conWhere two clerks (one articled and the other not)

sideration for the note, before notice that payment from the act of the law.” Because, then, a mort- attest the execution of a deed or other document, is it

thereof was stopped, he has no greater interest in the gage and an execution differ in their origin, they proper for the one who is articled to put at the end of

money payable thereon than the actual thief. Cousediffer in every respect. If two things differ at all, his name clerk with Messrs. A.: ".&c.

and for the other quently no action can be sustained. I would refer your they differ altogether, is the argument used by a is, ought there to be any such distinction made between correspondent to Solomon v. The Bank of England, (13

to . A.&c? The question really disciple of Whately. A mortgage and an execu

East, 135).

J. S.C. two such clerks, and if so, why?

P. P. tion, though they undoubtedly differ in their origin, yet as certainly have the same object, to 4. SUCCESSION DUTY. Can any of your readers in

LAW SOCIETIES. get payment of a sum of money due, although the

form me whether on payment of succession duty relaobject is pursued by different methods. I find ting to cottages let to weekly tenants any deductions

LEEDS LAW STUDENTS' SOCIETY. also the following remarkable proposition: “The part of the year unoccupied ?

are allowell for probable loss of rent from their being a

INQUIRER.

The first meeting of the above-named society for rights of an execution creditor are defined ... by

the winter session was held on Monday evening, sections of the Act.” No proof is offered of this 5. COVENANT-TRUSTEE.-A., the owner of building the 23rd ult, in the library of the Philosophical remarkable assertion, and, in fact, the Act con.

land some years ago, sold part to B. fronting an in- Hall, Leeds. The subject for discussion was, “As tains no trace of any such a definition, nor indeed tended new street, A. retained the land adjoining the could there be any occasion for it. street opposite B.'s purcbase. B. has built houses on

to the expediency of abolishing the law of primoSuch rights his purchase. In B.'s couveyance A. covenants for geniture.' Before discussing the subject, the exist independent of any bankruptcy system, and himself his heirs, executors, aiministrators, and ussizus president, Vincent T. Thompson, Barrister-ata definition of them in a Bankruptcy Act would with B., his heirs and assigus to bear half the expense Law, delivered an inaugural address, and pointed be superfluous.. I doubt whether the term of making the street. The street has not yet been out the advantages of such a society, and the cution creditor” is ever used in the Act.

made. A 's trustees have now sold to C. the land oppo- benefit to be derived therefrom. Mr. W. Williams H. HODGSON BREMNER.

site, not providing that C. should be liable to the cover and Mr. E. Weston were appointed speakers for I have read with much interest the letters of which will run with the land in C.'s hands?

nant. Is A.'s covenant with B. such a one, the liability the atfirmative, and Mr. J. M. Barwick, jun., B.A., of your correspondents, Mr. Hodgson Bremner

whether so or not, is not C. entitled to an indemnity and Mr. A. E. Flood for the negative. An interestand Mr. Salaman, on this subject, and cannot but from A.'s trustees? Will some of your readers give ing discussion followed, in which Mr. J. R. Ford, think that the law as at present settled is correctly their opinion with references.

SOLICITOR. B.A., solicitor, Mr. Addyman, B.A., Mr. Hewson, stated by Mr. Bremner. It in effect stands thus:

Mr. Dixon, and other members took part. The “ That an execution creditor who seizes his

6. CASE.--Can anyone inform me whether the case debate having closed, the vote was taken, when debtor's goods before an act of bankruptcy can

of Clay v. Yates (1 Hurl. & Nor. 73), has been overruled, the question was decided in the negative by a

or whether there is any subsequent case that beurs upon proceed to a sale thereof, notwithstanding that the points therein decided. Reference to cases would majority of one vote. The attendance was very prior to the sale the debtor is adjudged bankrupt, oblige.

H, R. B. good.

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