« EelmineJätka »
of the insurance companies as owner of these two appropriate grand committee ; although I venture without producing a resort to force ; nor could its He could have surrendered them or mortgaged American Congress, to this committee might some degree of anxiety did we not see that there them. They were clearly in his possession. Upon advantageously be left the question of the very are efficient means of averting danger. As the that ground it must be declared that the assignee introduction of the Bill.
forms of Parliament were necessarily made by the under the bankruptcy is entitled to the money "The several committees should, as proposed by majority, so, by the same majority, can they be arising from the policies.
Sir Erskine May, carry on their discussions simul. unmade, and other forms substituted. Costs out of the estate. Solicitors for the assignee, Hillyer, Fenwick, of course admitted ; but I cannot agree in the House of Commons, the Speaker represents the
taneously, and with open doors, reporters being “Upon the whole, bearing in mind that, in the and Slibbard; for the trustee, Uphill.
opinion that unselected members of the House whole House and must feel himself bound, by his should be allowed to join in their proceedings : position, to give full weight to the just claims of since this would grievously impair the represen- / all parties and of every single member, and consider.
tative character of the committees, and expose i ing, also, the evidence recently given by the preEx parte ROWBOTHAM; Re ROWBOTHAM. their deliberations to obstructions from Parlia- sent Speaker, I would suggest that that high officer Bankruptcy Act 1869, s. 87-Practice-County
mentary bores; but with a view of facilitating the should be entrusted with the power to decide when Court-Reference to jury-When necessary.
subsequent passage of the several Bills through the a debate must be brought to an end ; and it would
other House of Parliament, it would seem desirable be equally reasonable that he should have antho. This was an appeal from an order made by the that the departmental committees, or the superin. rity to terminate any single speech which, in his judge of the County Court of Nottingham in the tending committee of either House, should be em. opinion. had become an undue tax on the patience inatter of a debtor's summons. The Midland powered to invite a certain number of members, of the House. Banking Company had issued a debtor's summons
to be chosen by the other House, to take part in “It would also seem convenient that the Speaker against the Messrs. Rowbotham, father and son,
the discussions of the departmental committees, should decide when it is right to adjourn the proin respect of a debt of 2801. alleged to be owing to
but without any right to vote. A similar privi. ceedings of the House for want of a sufficient at. the bank upon a bill of exchange under the follow. lege, also, should be accorded to members of the tendance, and whether
, in particular cases, it may ing circumstances. The father and son had Cabinet.
not suffice to record the names of the minority in. formerly carried on business together in co-part.
" It would also seem highly expedient that the stead of subjecting the whole House to a formal nership, from which the father retired about seven superintending committee should be authorized division. years back, but no notice of his withdrawal was to place any member of the House which it repre. "Probably there are other appropriate cases for inserted in the Gazette or otherwise mude public. sents on as many of the departmental committees the speaker's decision, which experience would Subsequently to the father's retirement, the son, as it may deem advisable.
point out. With powers, however, so augmented, who continued the business, accepted the bill of "When a grand committee adopts a Bill, the it might be necessary to make the personality of exchange above mentioned in the name of the only questions, as it seems to me, which the the office liable to more frequent change. partnership firm, and it was in respect of this House could advantageously consider, are whether debt that the summons was issued. The father the Bill, as a whole, should pass, be rejected, or the House of Commons might be usefully extended
"Perhaps the alterations here recommended in thereupon filed the requisite affidavit disputing | be sent back to the grand committee for recon- to the House of Lords ; but this would obviously the debt, and applied to the judge of the County sideration ; questions on which every member of imply alteration in the nature of the presidency; Court to have the summons dismissed as against the House would, of course, have a right to speak which. however, for other reasons him, upon the ground that he had retired from the and vote.
desirable. business before the debt had been incurred. The judge, however, declined to dismiss the summons,
“On the other hand, when a grand committee “So far as organisation is concerned my task here
ends; but it seems appropriate to the subject that or to order the question of indebtedness to be tried rejects a Bill, it should be with the same conse. by a jury, as the debtor offered no security for quences as if the Bill were rejected by the whole I touch on a few other ways in which, I think, the costs. The matter now came by way of appeal House.
great work of legislation might be both expedited before the Chief Judge.
“While the foregoing would, I think, be the best and improved ; though, in so doing, I do but Bagley, for the debtor, contended that the course of proceeding, I should regard any approxi- recall matters which have frequently been spoken
of. The first of these is the establishment, inatter ought to have been submitted to a jury. mation to it as a great advantage as for example, The debtor could not give security for costs, for if if each House were to reserve to itself the direct throughout the empire, of good local government, it were decided that he was responsible for the power relative to introduction of Bille, or to de- based on sound principles of election, and the partnership debts, all his property would be swal- cide, in each separate case, what Bills should be transfer to such governments of the whole busiremitted to the grand committees, or to treat the
ness of local legislation ; preserving, however, Westlake, for the banking company, argued Bills on their emerging from the grand com- intact the controlling authority of Parliament ; 50 that the appeal was prematuro. The debtor ought mittees like reports from committees of the whole that by no possibility should there be such a to have waited until a petition for adjudication House, and liable, therefore, to reconsideration in clashing of power as has repeatedly led to bloody was filed.
contests in Switzerland, and, in North America, to detail. The CHIEF JUDGE was of opinion that according
"Besides the service which these grand com
the greatest civil war ever known. to the practice of the court, if the evidence ad- mittees would render in the work of legislation, * Had good provincial assemblies, with well duced by the debtor was satisfactory to the court, they might be of great use in keeping the two adjusted powers, been long ago established the summons would be dismissed. If otherwise, Houses well informed respecting the state and throughout the United Kingdom, probably much the court would allow the validity of the summons, action of the several departinents of Government; existing dissatisfaction would have been avoided; or have the question of indebtedness tried upon
so as to enable the Houses to judge, at all times, and, above all, the demand for ‘Home Rule,' security being given by the debtor. It was not how far the existing Government deserved their now so unfortunately and unseasonably raised in the intention of the Legislature that a summons continued confidence. Their operation would, Ireland, would never have been heard of. should be dismissed merely upon the debtor's moreover, to a great extent, supersede the neces. “The benefit of such liberal policy is pretty denial of the debt, or that the question should be sity for special committees; the work now assigned distinctly shown in the present state of our colotried without his giving security. The judge of
to which the grand committees would, as a rule, nies; though it may be doubted whether, as the County Court had arrived at a right decision, be far better able to perform ; while, from their respects these, concessions have not gone too far; and the appeal must be dismissed.
constitution, they would carry much more weight whether, in other words, sufficient care has been Solicitors for the appellant, Petgrave and Hodg. with the House ; special committees being, as is taken to keep the imperial authority supreme and kinson.
well known, too often the mere embodiment of undisputed. At the same time it must be remem. Solicitors for the respondent, Ashurst, Morris, clique,
bered that in this imperial authority the colonies and Co.
An important incidental advantage of the pro- have as yet no share. posed arrangement, would be the encouragement it would afford to every member of Government, and might be much reduced, a way now slowly coming
“ Another way in which Parliamentary labour to each of his subordinates, to exert himself, to into use, is to abandon the hopeless and unprofitable LEGISLATION AND JURIS- the utmost, for the public good; and the powerful attempt to crowd into any Bill special provisions PRUDENCE,
check it would afford to proceedings of an opposite for all the cases which may fall within its scope; kind.
instead of laying down broad principles only, and THE DESPATCH OF PARLIAMENTARY
"Objection is frequently taken to such schemes as leaving to subordinate authorities the supply of
the foregoirg, on the ground that they are a delega- details necessary for practical operation.
" It will, I am sure, be very gratifying to the In a recent paper on this subject by Mr. Frederic little force where, as in the present case, the en. Hill, he says :
trusted power can be at any time recalled : while, association if the discussions to which this paper
on the other hand, delegation of authority is the may, give rise, aid at all in improving the working “What I propose is this ; that for each of the only means by which extended, complicated, and of that great constitutional court for the main; great departments of legislation and administra- diversified operations can effectually be carried tenance of which our brave forefathers bled, and tion, there should be formed in each House a com- on. What, indeed, is the working of our courts of which has conferred on the country inestimable
benefits." mittee (which, as suggested by Sir Erskine May, justice, on which we rightly pride vurselves so might properly bear the appellation Grand,") for much, but the
exercise of a delegated authority ? the consideration, at a certain stage of proceed. And what double benefit, first in the relief to Par
ESTATE AND INVESTMENT ings, of all questions falling within its province; liament, and secondly in soundness of decision, has as, for example, a grand committee on finance, a resulted from entrusting to these courts the judg.
JOURNAL. grand committee on the army and navy, another ment on disputed elections ! To reverse the picture, on law and its administration, another on foreign we have only to turn our eyes to a neighbouring affairs, and another on the affairs of the colonies ; country, and mark the terrible results of the
REPORTS OF SALES. together with a superintending committee, which opposite course when carried to an extreme; the Llore. -The reports of the Estate Exchange are officially should both choose these departmental com- omissions, blunders, and deceptions consequent on
supplier in mittees, and, in cases of doubt, decide on the allot. attempts of a central power to retain all action in
are registered there will oblige by reports of their own
sales.) ment of their work; such superintending com- its own hands. mittee to be elected in such manner, whether by
Thursday, Dec. 7. “ While the foregoing is an outline of the main cumulative voting or otherwise, as to secure that plan which I wish to submit to this association, The reversion to 10,067. and 7–37. Consols on death or mar
By Mr. H. E. MARsk, at Guildhall Tavern. it shall fairly represent the different parties and there are minor measures which seem also to be sections, and be, in fact, an epitome of the House : well worthy of discussion. The first of these is a policy and binns for i!13!. on a life, aged 45, in the Sun the same principle to rule its choice of the other the means of bringing an exhausted debate to a committees ; so as, in turn, to make each of those close. At present, as we know, the forms of the
Reversion to 110%. Bank Annuities, on death of a lady aged
33-sold for 1907. committees an epitome of the superintending com- House of Commons, framed with the laudable
Reversion to one-thirteenth part of 36:751., secured in rail. mittee, and therefore also, in effect, of the House. object of protecting the rights of minorities, are
way debentures, &c., recrivable on death of a suutleman
aged 79, and three ladies aged 72, 73, anni 71-sold form. “ Sapposing the general idea ultimately to find frequently so abused, that the minority, in effect, K version to secured on borough rates and runway favour, it would be for each Honse to determine becomes dominant. In no country. I believe, has
debentures, on death of a xentleman aged 57 aud a lady
hed 6; also to 237. Bank Annuities, on death of same at what stage each Bill should be remitted to its uch a perversion ever been carried to an extreme laciy-sold for 15907.
riase of a lady aged 61 years- sold for !
THE LAW TIMES.
Dec. 16, 1871.]
Friday, Dec. 8.
tration suit ordered to be sold. Some of the COURT OF QUEEN'S BENCH (IRELAND.)
Friday, Nov. 24.
(Before WHITESIDE, C.J., O'BRIEN and Fitzthe life of a gentleman aged 71-sold for 10, 1501.
GERALD, JJ.) Hampshire, near Farnborough. - Two farins, containing i been made notwithstanding the fact that several 1013. 3r. 9p., and a plot of land 12a. 1r. 6p., freehold-sold infants were interested in the property, and that
ASHWORTH v. WHITE. (a) the jurisdiction of the court to make the order King's-cross.- Nos. 10 to 22, Providence-row, freehold, leased
Practice-Security for Costs—Affidavit. for ten years at 104. per annum-sold for 689!.
should not be questioned, nor should any objection An afidavit to ground a motion for security for Clerken yell.-Nos, 18, 19, and 50, Lower Rosoman-street, or requisition be made on account of the order. and Nos. 11 and 15, St. James's-buildings, term four years The purchaser objected to complete his purchase,
costs stated that the defendant was advised
and believed that he had a good and legal defence Tuesday, Dec. 12.
on the ground that the court had no jurisdiction By Messrs. DEBEXHAM, TEwsox, and FARMER, at the Mart.
on the merits to the action." to make the order, and that the condition was one Essex, St. Osyth, Lodge Farm, and Rouse's Farm, with
Held insufficient. which the court would not enforce. Held (affirming homesteads, comprising 226a. r. lop.-sold for 301. Wood-street, Nos. 1 and la, Little Love-lane, freehold-sold the decision of Malins, V.C.), that even if there
Kishey moved, on behalf of the defendant, for for 02, was no jurisdiction to make the order for sale, the
an order that the plaintiff do give security for Sussen, Southwater, an enclosure of freehold land, contain purchaser was bound by the condition, and must costs. The motion was grounded upon the affidavit ing sold Wednesday, Dec. 13.
complete his purchase. Semble, however, that of the defendant, in which he stated: “I am ad. By Messrs, Edwix Fox and BoUSFIELD, at the Mart. there was jurisdiction _to_make the order : vised and believe that I have a good and legal Peckham.-No. 6, Lyndhurst-square, freehold sold for (Nunn v. Hancock, 25 L. T. Rep. N. S. 469. defence on the merits to the action." The action
was brought to recover 391. 4s., for goods sold and
delivered to the defendant. The defendant lodged secured on mortgage of property on a life aged 61, and a IN ANSWER TO ACTION FOR DEBT-EQUITABLE out of the jurisdiction. In Spencer v. Campion,
201. in court. The plaintiff resided in England, contingeat reversionary interest in the remaining third part-sold for 50702.
REPLICATION THAT DEBT SUED FOR WAS UNReversion to two third parts of 10,000?. Consols, on the same KNOWN TO PLAINTIFFS AT THE TIME, AND NOT
(3 Ir. Com. Law Rep., 230), an affidavit that the life, and a similar contingent interest in remaining third part-sold for 30201.
INTENDED TO BE INCLUDED IN RELEASE.-To defendant believed that he had a good and legal A contingent reversion to one-half part of 51291. 38, 7d. Con. a declaration in the ordinary form for debt, the defence on the merits was held sufficient. sols ; a ditto in remaining moiety; also a contingent re. defendant pleaded that before action the defendant Madden, contra.-The affidavit of merits was versionary interest in the sums of 3667. 148. 3d., Three per Centa.; and (331. 158. cash-sold for 11507.
was indebted to the plaintiffs and others in divers defective. In the case of Lunham v. The Dublin, By Mr. VIGERS.
sums, and, being unable to pay, it was agreed he Wicklow, and Wexford Railway Company (2 Ir. Greenwich, No. 57, London-street, freehold-sold for 9101. should deliver and transfer to A. and B. certain L. T., 24), it was held that the affidavit of the de. No. 17, Stockwell-street, freehold--sold for 11101.
stocks, shares, and securities in full satisfaction fendants, in which it was stated that “they verily By Mr. Geo. GOULDSMITH.
and discharge of the said debts, and that the said believed they had good grounds for resisting the Westminster, Nos. 3, 4, and 5, Great Peter-street, freehold creditors should accept the same in full satisfac- further maintenance of the action,” was defective.
tion and discharge ; and the plea then set out It is not sufficient in an affidavit of merits to Hatton-garden, No. 105, with workshop, freehold-sold for the deed, which purported to be a deed poll allege that the defendant is advised and believes
02. High Holborn, No. 12, freehold-sold for 28901.
under the hands and seals of the parties, the that he has a good defence on the merits; a posi. creditors of the defendant, and the defendant, tive averment of that fact is necessary. Poriage
whereby, after reciting that the defendant v. Carter (6 Ir. Jur., 236). STOCK AND SHARE MARKETS. was indebted to the said creditors in divers
Kisbey.-The case in 3 Ir. Com. Law is an The following are the fluctuations of the week. sums, and that they had also further claims
authorised report—that reported in 2 Irish Law against him, and had agreed to aocept in full Times has not such weight. ENGLISH FUNDS. Fri. Sat. Mon. Tues Wed. Thu discharge thereof the said stocks and shares, and
WHITESIDE, C.J.-I cannot agree with you. We in consideration of the delivery and transfer Bank of England Stock 240
can see no reason to doubt the propriety of the 37 Cent. Řed. Ann.... 914 911 912
release thereinafter contained-each of the said that publication are very well done, and appear to 33 Cent. Cons. Ann.. 91ju 911 911a 92 921 92 Per 24 Cent. Ann.
creditors (including the plaintiffs), did thereby Do. do. Jan, 1894. 741
remise, release, and for ever discharge the debe furnished by legal gentlemen who very well Do. 34 c. Jan. 1894
fendant, his heirs, &c., of and from all their said understand the cases reported. It is a very useful New 3 3 Cent. Ann. 911 914 several debts, claims, and demands, and all man
publication. 57 Cents. $ Jan. 1873
FITZGERALD, J.-The statute requires a satis. ner of actions, &c., for or by reason of the said Annuities April 5, 1885 Do. exp. Jan. 1880
several debts due, owing, or claimed to be now or factory affidavit, and can we say the affidavit in Metropolitan Board of,
hereafter due, owing, or recoverable against the this case is so, when it neither sets forth special Works 3} P c. Stock. 96}a 969 961
defendant, or for or by reason of any other debt, reasons, nor says that the defendant has a defence Corporation of London
claim, matter, or thing, from the beginning of the on the merits.
Kisbey having replied,
said deed the defendant in consideration of the
WHITESIDE, C.J.-The Legislature finding that India 5 * Cent. for Acc.
so many untenable applications on behalf of deDo. 5 Cent. July
each and every of them from all debts, claims, fendants to oblige plaintiffs to give security for 1101a 1100 1104 1101 and demands, and all actions, &c., which he might costs were made, thought it advisable to limit the India Stock, 1874
shut shut shut shut then or thereafter have or claim against them. class of cases in which such an order should be India 4 PC. Oct. 1888 10ta 104, a
104 104 Averment of delivery and transfer of the said made ; and, as has been alluded to by my brother India Stock, 5 Cent. Jan. 7, 1870
shares, &c., by the defendant and acceptance Fitzgerald, the court will not grant an order reIndia Bonds (10001.)..
22s.b thereof by the plaintiffs on the terms of the said quiring the plaintiff, who lives out of the jurisdic. Do. (under 10001.)
deed, and of fulfilment of all conditions to make tion, to give security for costs, unless the defendant Ex. Bills, 10001..
18.b 78.1 78.b 23.b the deed binding on the plaintiffs. Equitable re- shows upon an affidavit that he has a satisfactory Do. 5002.
plication, that before and at the time of the exe- defence upon the merits. In this case all that the Do. 1001. and 2001.
cution of the said deed, the plaintiffs did not know defendant says is, “he is advised and believes that 3 Bc.
18.6 78.6 India Enfaced Paper
that the debt in the declaration mentioned was due he has a good and legal defence upon the merits.” 52 Cent. July 1880
to them from the defendant, or that they had any Mr. Kisbey has cited the case of Spencer v. Do, Jan. 1872
claim or cause of action against him in respect Campion (3 Ir. Com. Law Rep., 230). In that case Ex. Div.
thereof. And further that the defendant did then Judge Crampton said: "Certainly under the old know that the said debt was due, and that the practice such an affidavit would have been suffi.
plaintiffs had a claim or cause of action against cient, and I can see no reason why it should not SOLICITORS' JOURNAL.
him in respect thereof, and did not inform the be equally so under the new practice. Many cases plaintiffs thereof before the execution of the said might be suggested where a party cannot positively
deed. And that the plaintiffs executed the said aver as to merits. Considering the affidavit satis. NOTES OF NEW DECISIONS.
deed intending that the execution thereof should, factory, I will make the order." The question as DISCOVERY PRACTICE -OFFICIAL LIQUIDA- and believing that it did and would, and that it was to an affidavit of merits in such a case came before TOR-AFFIDAVIT AS TO DOCUMENTS.-An official intended by the defendant to relate only to the sum the full Court of Queen's Bench, when Chief liquidator is bound to make an affidavit as to of money which did not include the claim now sued Justice Lefroy was head of the court, and they documents in his possession : (Re Contract Cor- for, and in which the defendant was indebted to the held that an affidavit in which the defendants poration (Limited); Gooch's case, 25 L. T. Rep. plaintiffs on their account with him respecting merely expressed their belief that they had a good N. S. 526. M. R.)
transactions between them in July 1870, and not defence, was defective. I will not indulge in hairAGREEMENT TO PAY ANNUITY-WHETHER intending thereby to release any other claim or splitting, and encourage litigation. The court PERPETUAL.-By a marriage settlement, property cause of action whatever ; and that, if they had must entertain the decision reported in the 2 Irish of the wife was settled upon the usual trusts for known, which they did not know, at the time of Law Times; it has been given in a very intelligible the wife for life, with remainder to the husband the execution of the deed, of the existence of the form in that journal, and is a decision of the full for life, with remainder to the children of claim in respect of which this action was brought, court. We think that the cases that have been the marriage. By articles of agreement of even they would not have executed the said deed. On cited against this motion are decisive, and more. date, which recited the settlement, the father of demurrer, it was held by the Court of Exchequer over the statute says that the affidavit must be the husband agreed to pay 3501. every year during (Martin, Bramwell, and Cleasby, BB.), that the satisfactory. In this case the affidavit is not satisthe life of his son, and in case the wife should replication was bad. The case of Lyall and another factory, and as to the circumstance that the plainsurvive the husband, "then to continue the said v. Edwards (6 H. & N. 337 ; 30 L. J. 193, Ex.) was titf lives out of the country, we do not think there yearly payment to the trustees of the said settle- distinguishable, as being a case of trover, and the is anything in that circumstance to alter our ment for the purposes thereof." Held, that this release there pleaded in answer to the action was opinion. created a liability on the part of the father to pay a release from debts or claims ejusdem generis, No rule on the motion-The plaintiff's costs to a perpetual annuity of 350l.; and a sum of 11,6661. within which a claim for a tort could not be a said be costs in the cause. Consols, which had been set apart out of the to be included. The cases in equity proceed on father's estate to answer the annuity, was ordered the ground of mistake or such circumstances as
HEIRS-AT-LAW AND NEXT OF KIN. (on the death of the son leaving his wife surviving), that a plaintiff could be indemnified and the conto be transferred to the trustee of the settlement tract rectified, which could not be done in this Coulsox (Benjamin), 6, Great Woodstock-street, Maryle;
bone, Middlesex, carver and gilder. Next of kin to send to be held upon the trusts thereof : (Dawson v. court. There was here no allegation of fraud, in by Dec, 23 at the M. R. Jan. 8, at eleven o'clock, at the Pobinson, 25 L T. Rep. N. S. 486. V.C. B.) and no duty on the defendant to inform the plain- said chambers, is the time appointed for bearing and adju.
dicating upon such claims. INFANT'S REVERSIONARY INTEREST IN PER. tiffs of the existence of the debt and non constat
SMALL (John, Gaisborough, York, gentleman. Heir-at-law SOYALTY--ADMINISTRATION SUIT - SALE that the defendant did not, all through, intend or next of kin to send in by Jan. 7 at the chainbars of ORDER OF THE COURT OF CHANCERY-JURIS. that the release should, and believed that it would V.C. B. Jan. 29, at twelve o'clock, at the maid chambers,
is the time appointed for hearing and adjudicating upon DICTION TO ORDER SALE-CONDITIONS OF SALE extend to and operate upon this very debt: (Moore
(a) From the Irish Law Times,
UNCLAIMED STOCK AND DIVIDENDS IN THE CLAYDEN (Jno.), Littlebury, Essex, farmer. Jan. 20; Free
land ana Bellingham, solicitors, Saffron Walden.
COMBES (Edw.). Chichester, gen leman. Jan. 19; E. Arnold, | Transferred to the Commissioners for the Reduction of the solicitor, North Pallant, Chichester.
MARYLEBONE POLICE COURT. National Debt, and which will be paid to the persons DAVIDSON (David), Roslin Cottage, Lewisham High-road, respectively whose names are prefixed to each in three Surrey, gentleman. Jan,l; Wooton and Son, solicitors,
(Before Mr. MANSFIELD.) months, unless other claimants sooner appear. 1
2, Finsbury-circus, E.C. ANDREWS Geo. Laurence!, St. Vincent-place, City-road, Deeks (Geo., 36, Westbourne-terrace, Hyde-park, Pad.
Saturday, Dec. 9. E.C., gentleman, deceased. 3001. Reduced Three per Cent. dington, Middlesex, gentleman. Jan, 15; W. H. Davis, Lodgers' Goods Protection Act (34 & 35 Vict. c. 79) Annuities. Claimant, Richard Andrews, surviving exe- solicitor, 14, Bedford-row, Holborn, W.C. cutor.
DILLON (Geo.), 27, Cutler-street. Houndsditch, E.C., and -Goods of tenant purchased by lodger-Declará. CRAWFORD (John), Esq., George-street, Hanover-square, Farleigh-road, Hackney, Middlesex, hatter. Dec. 26; tion of lodger-“ Beneficial interest.”
Miveles X; MACKENZIE (Sir George Stuart), Bart., Coul, Hillearys and 'Tunstall, solicitors, 5, Fenchurch-buildings. The trustees of the Permanent Benefit Building Rosshire, N. B.; and MACKENZIE (Mary), his wife,
E.C. 1317.56. H. Three per Cent, Annuities. Claimant, Edward Dunn (Alexander), Lieut.-Col. in H.M.'s 33rd Regiment of Society, Ludgate-hill, were summoned on the com. Houry John Crawford, sole executor of John Crawford, Foot. Feb. 15: Richards and Walker, solicitors, 29, plaint of Mr. Thomas H. Cox, of 118, Highgatedeceasel.
Lincoln's-inn-fields, W.C. MORNIS (Ann), Ordnance-place, Chatham, Kent, widow, FORSTER (Richard, 'Freshford, Somerset, brewer. Feb. 1; road, Kentish-town, and charged with unlawfully
7:07. New Three per Cent. Annuities. Claimant, John Btone and Sparks, solicitors, the Town-hall, Bradford-on. causing to be distrained, condemned, and removed Foster Morris,
certain goods and effects, the property of the said SOWARD Rebecca), Newnham, Cambridgeshire, widow, five FULFORD (Baldwin, Esq., Great Fulford, Devonshire. Jan.
dividends on the sum of 331. 138. 11. Reduced Three per 3; H. Samler, solicitor, 23, Carter-lane, Doctor's-commons, complainant, contrary to the statute 34 & 35 Vict. Cent. Annuities. Claimant, Edward Hadingham.
E.C. SWINTON Geo.), Esq., Bencal Engineers, 18601. 198. 40. GIRADOT (Capt. Henry) Rosynalt, Erbistock, Denbigh, New Three Per Cent. Annuities. Claimant, said George Royal Horse Artillery.' Jan 1; Helps and Co., solicitors, lodged with Mr. Levi Lee, who was the occupier
Mr. Cox stated that since December 1869 he had Swinton.
Friars, Chester. WALTER (Adelaide), Bonby, Lincolnshire, spinster, 1011. 58, HAMILTON (Thos. T.) Esq., Elgin-crescent, Notting-bill, of the house named in the summons. Witness
Three Per Cent. Annuities. Claimant, Susan Coutts w. Feb. 1; Uptons and Co., solicitors, 20, Austinfriars, paid 10s. a week for rent. He furnished his bed. Walter, widow.
E.C. WHEELER (Frances), Fawley. spinster, now wife of William HARRINGTON (Sir Henry B.), K. C. S. I., 70, Oxford-terrace. room himself, and used a sitting room and dining Cooper, Fawley, mariner; BOUND Henry), of the same Hyde-park, W. Mar. 23; Loughborough and Son, solici
room containing some furniture belonging to Mr. place, schoolmaster; and BOUND (Charles), of the same ters, 23, Austinfriars, E.C. place, yeoman, all in Hants, 531, 58. Three Per Cent. Hyde (Thos.), Esq., Clitheroe, Lancashire. Jan. 15; Robin. | Lee. A distress was put in by the chief landlord Annuities. Claimant, said Frances Cooper, formerly son and Sons, solicitors, Clitheroe Castle, near Clitheroe. on the 3rd Nov., and there was a condemnation of Francis Wheeler, the survivor.
JAMES (Thos.), Balking, Berks, farmer. Dec, 20; G. F. Mr. Lee's effects on the 9th Nov. Witness bought
Croudy, Farringdon, Berks.
JONES (Mnry), 33, Ponsonby-place, Wes! minster. Jan. 1; the goods distrained upon for 191. 78., and obtained APPOINTMENTS UNDER THE JOINT-STOCK H. D. Draper, solicitor, 15, Vincent-square, Westminster. WINDING UP ACTS. Knight (Joel E.), Esq., 51, Church-road De Beauvoir Town, these things from George Osborne, the broker
a receipt and a copy of the stamped inventory of
Middlesex. Jan. 31; G. and J. Clark, solicitors, 28, Fins. HERNE BAY PIER COMPANY.-Creditors to send in by Jan. 1 bury-circus.
employed to levy the distress. Witness continued their names and addresses, and the particulars of their LAMBERT (Henry S.), surgeon on board the Peninsular and to use the same rooms, and paid the same rent as claims, and the names and addresses of their solicitors (if Oriental Steain Navigation Company's steamship Yaxsilia. before. He did not remove the goods, and on the any), to F. N. Maynard, 35, Old Broad-street, E.C., tho Dec. 20. M. T. Hodding, solicitor, 5, St. Mildred's-court, official liquidator of the said company, Jan. 9, at twelve Poultry. E.C.
23rd Nov. the defendants put in another distress, o'clock, at the chambers of V.C.M., is the time appointed LANDON (Louisa A.), Clevedon, Somerset. Jan. 6; R. B. and a second inventory of Lee's effects was made for hearing and adjudicating upon such claims.
Postons, solicitor, Brentwood, Essex. SOUTH DEVON MUTUAL SHIPPING ABSCRANCE ASSOCIATION,- LILLEYSTONE (Robert), Darnley-road, Gravesend, Kent, by the same broker, Osborne, who was employed Creditors to send in by Jan. 4 their names and addresses, builder. Dec. 31; 1A. Tolhurst, solicitor, 77, New-road on the previous occasion, and who, therefore, and the particulars of their claims, and the names and nd. dresses of their solicitors (if any), to Henry Blanchford, LISTER-KAVE (Geo.). Esq., Heworth, York. March 1; W. however, again enumerated them in his inventory
knew that witness had purchased the goods. He, Teikninouth, official liquidator of the said association, Gray, solicitor, York. Jan. 9, at eleven o'clock, at the chambers of the M. R., in LORD (Wm.), Esq., Hawthorns, Clapham-road, Surrey. as the property of Lee. Witness gave the defenthe time appointed for hearing and adjudicating upon Feb. 1; J. and C. and W. Rogers, solicitors, Westminster dants notice that these things were his property, such claims.
chambers, Victoria-street, Westminster. WATERLOO AND WHITEHALL RAILWAY COMPANY.-Creditors LOVETE (Ann), Little Lea, Peas marsh, Rye, Sussex. Feb. 1; but, notwithstanding his claim, the goods were
to send in by Jan. 12 their names, and addresses and the C. W. Stevens, solicitor, Buckler:bury, E.C. particulars of their claims, and the names and addresses MCGARRY (Capt. Wm. , Edwardsburgh; Glenville, Ontario, condemned, and most of them removed. No of their solicitors, if any, to John Parsons, 7, Westininster- Canada. Feb. 1; Harvey and Alsop, solicitors, 12, Castle arrangement was made between Mr. Lee and wit. chambers, Victoria-strett, Midillesex, the official liqui. street. Liverpool, England.
ness after the latter had paid for the goods, but dator of the said company, Jan. 20, at twelve o'clock, at Nicholson (Henry), Esq., Peterborough, Northampton, mer. Lee was to pay for them when he was able to buy the chambers of V. c. M., is the time appointed for chant, Jan, 10; Clarke and Co., solicitors, 20, Coleman. hearing and adjudicat ing upon such claims,
them back again. street, E.C.
OTTWAY (Richard, H.), Hastings, Sussex, gentleman. Jan. Mr. Levi Lee stated that, at his request, the CREDITORS UNDER ESTATES IN CHANCERY.
PEARMAN (Şarah), Lower Beech, ilyde Farm, near Whent-things were condemned by arrangement and sold LAST DAY OF PROOF.
hampstead, Hereford, farmer. Jan. 1: F. C. Scargill, to Mr. Cox for 191. 7s. Cox said that witness Cary (Henry N.), Paignton, Devon, brewer. Jan. 8; Yard
solicitor, King-street, Luton, and 89, Chancery-lane could use the goods until he was in position to
pay him for them.
gentleman. Feb. 1; H. Heard, solicitor 24, Trinity-street, Kingsford (instructed by Messrs. Shaen, Roeche, Clerkenwell, Middlesex. Dec. 29; Lewis and Sons, soli.
and Massey), for the defendants, said that the citors, 7, Wilminston-square, Cierkenwell, Middlesex. Jan.
Ports (Jos. T.) Esq., 20, Fitzwilliam-square, Dublin. Jan. 9; JR., at eleven o'clock.
13; A. B. Toud, sclicitor, 123, Lower Baggutt-street,
course taken by the defendants might seem & Dublin.
hard one, but it was justifiable, because, till the FAINALIST (Jno. B.), Wikan, grocer. Dec. 22; L. R. Row. bottom, solicitor, Wigan. Jun. 15: V.C. M., at twelve PRICE (Robert), 12, Milk-street, Bristol, timber merchant.
present inquiry showed the transaction between o'clock.
March 23; Wm. Plummer, solicitor, Bristol-chambers,
Cox and Lee to be bona fide, the defendant had FORBES (Charles), Devonport-road, Shepherd's-bush, Middlesex, barrister-at-law. Dec. 20; G. J. Brownlow, so'i.
RAYNER (Richard), Spondon, Derby, gentleman. Feb. 1; reasonable ground for suspecting collusion. This citor, 31, Bedford-row, Holborn, W.C. Jan. 10; V.C. W., H. Horg, solicitor, 19, Wheeler-gate, Notts.
case was not within the statute. For, first, Lee, at one o'clock,
RHODES ( Samuel), Ash-grore, Horton, near Bradford, and
the immediate tenant, had a HIBBERT (Jno.), Brookside in-Godley, Chester, cotton manu
beneficial interest' facturer. Jan. 1: John and Jos. Hibbert, solicitors, Hyde, Roir (Right Hon. Sir John), Ozleworth-park, Gloucester. and of the furniture in some of the rooms, the ex.
1; J. Green, solicitor,, Aldermanbury, Bradford. in the goods distrained, since he had the actual, Chester, Jan. 11; V.C. W., at ten o'clock. JONES (ugh), Esq., 100, Wood-street, Cheapside, E.C., and
Fob. 1. Field and Co., "solicitors, 36, Lincoln’s-inu.clusive, use of the goods distrained ; and further; 19, Hausell-strecot, Cripplegate, E.C., and Bryngwyn.hall,
fields, W.C. Flint. Dec. 30; Barnard and Harris, solicitors, Greshain.
SCARE 'Bar abas G.), Wilby, Suffolk, farmer, Feb. 1; C. Lee derived a direct benefit from the use of this buildings, Basinghall-street, E.C. Jan. 15; V.C. W. at
Clabbe, solicitor, Framlingham. twelve o'clock.
SHARPUS (Thomns), 13, Cock-pur-street, Charing.cross, and furniture, since he received from Cox the same NEATE Stephen, Marsh lane, Battersea, Surrey, house and
3, Albert-terrace, Knighisbridge, Middlesex, china and rent as before, and part of this rent was paid for land axent. Jan. 10; G. Fraser, solicitor, Furnival's-inn,
glass denler. Jan. 17; E. Rye, solicitor, 16, Golden- | the use of the furniture in the two rooms occa. E.C. jan. 17; V.C. B. at twelve o'clock,
square, W. OLDHA Wm. S., Plestowes, Warwick, farmer. Jan. 6;
Smith, Octavins H., Esq., Thames Bank Distillery, and sionally used by the lodger; secondly, the furniReece and Harris, solicitors, 101, New-street, Birminghain.
2, Princes.vate, Hyde-Park, Middlesex, and Auchranich, ture was not in the use and possession of Cox, Jan.; V.C. M, at twelve o'clock.
Argyle. Feb. 6 : Few and Co., solicitors, 2, Henrietta
qua lodger. Doubtless, the furniture was the PARKIN Wm.), Mortomley, Ecclesfield, York, joiner. Jan.
street, Covent-garden, W.C. 4; Younge and Co., solicitors, Sheffield. Jan. 18; M. R., SPEER Mnria), Weston, Thaines Ditton, Surrey. Jan. 21;
* property, or in the lawful possession" of Cox, at eleven o'clock.
Kempson and Co., solicitors, 31, Abingdon-street, West- within the express terms of the statute. But the Possfond (Jno., 46, Cambridge-street, Paddington, Middle
minster, S.W. sex, gentleman. Jan. *; W. Millman, solicitor, 9, South. STROTHER Mary), Scarborough, wine and spirit merchant.
statute was intended, as shown by the preamble, ampton-buidldings, Chancery-lane, W.C. Jan. 11; M. R.,
Jan. 23; Woodail and Woodall, solicitors, 26, Queentstreet, and a consideration of the previous law of disat eleven o'clock.
tress, to exempt only goods owned and used by & POTE Rev. Edward), Grandchester, and King's College,
solicitors, 9, Angel
Sonmes, solicitor, 10, Now.inn. Strand, w.c. Cambridge. Jan. 8; Dawes and clre o'clock. court, E.C. Jan. 10; V. C. W., at
USHER (Chas. F. A., Charlemount Lodge, Church-road, which no other third person had, viz., to lend RODDA John), 12, Clissold-road, Stoke Newingtou, Middle
New-ero-s, Surrey, gentleman. Jan. 13; Fosenmeyer and goods for the use of a tenant with an exemption stx, builder. Jan. 1; sl. Haynes, solicitor, 30, Manchester
Son, solicitors, 1:2, Great James-street, Bedford-row, W.C. street, Danchester-square, Middlesex.
of them from distress by the superior landlord. Jan. 15; M. R. at
VIENT William, Ansford, Somerset, gentleman. Feb. I 11 o'clock.
Henry Dyne, solicitor, Bruton, Somerset.
Such an interpretation of the statute would open a SEWELL Robert S., Sussex-house, Haminersmith, Middle
WALL George A.), Richmond, Surrey, Fishmonger. Jan. 20; sex, kontleman. Jan. 1; Tompson and Co., solicitors, 4,
mith aud Moore, solicitors, Richmond, Surrey.
wide door to fraud and collusion. If either of the Soon buildings, Lincoln's-inn, W.C. WALTOX Frances
two positions contended for were correct, the de. Jan 10; V.C. W.
Esq., 6, Surbiton-terrace, Surbiton, at 12 o'clock.
Surrey. Jan. 9; G. F. i. 'Mortimer, solicitor, 1, Mitre: claration under the statute failed to be sufficient. WEBEER Martha A.), 28, Harrington-square, Middlesex.
court Chambers, Temple. E.. Dec. 233; Nite and Co., solicitors, 2, Bedford.row, W.C. WATKINS (Wm.), '16, New Burlington-street, and Feltham,
Besley (instructed by Messrs. Ashurst, Morris, Jan 23; V.C.M. at 12 o'clock.
Middlesex. Feb. 10: Taylor and Co., solicitors, 28, Great and Co.) for the plaintiff, said that there could be
no question here of “beneficial interest" in Lee.
There was no arrangement between him and Cox, Covent-garden, W.C. Last day of Claim, and to whom Particulars to be sent. WUCHELD ( Rowland), 20, Trigon-terrace, South Lambeth, Lee's use of this furniture. The purchase of the AKERS Benjamin, Great Dunmow, Essex, labourer. Feb 1;
Surrey, and 61, Castle-street, Leicester-quare, W. furniture by Cox was clearly bona fide. If the F. J. Snell, solicitor, Great Durmow, Essex.
hotel keeper and licensed victualler.
M. ALLES John, 9), Villa-rand, Handsworth, Staffordshire,
Webster, soicitor, 33, Essex-street, Strand, W.C.
contention of counsel for the defendants were veutleman, Feb. 29; C. B. King, solicitor, 20, Temple
WILLIAMS (Roberti, Hayfield-terraco, Levensulme, near streei, Birminsham.
maintained, the statute would in fact prevent a
Manchester, warehouseman. Jan. 9; Bayshaw and Wig. A TLEY Blanch), 15, York-terrace, Regent's-park, N.W.
glesworth, solicitors, Chancery-place, Booth-street, Man: lodger from doing an act of kindness to his landJan. 15; Kent and Co., solicitors, Fakenhain, Norfolk.
chester. A" TIN Ge, Shetford, Belford, attorney-at-law. March W113SHURST Emellia E.), Parson's-mead, Croydon, Surrey. it was clear that it was his property. The words
lord. Then, as to Cox's interest in this furniture, 4; A. S. Wade Gery, solicitor, Shetford, Beda.
Jan. 7: Geo. 11. Hogan, solicitor, 23, Martin's-lane, of the statute were in the alternative"
' property, lington, Middlesex, pawnbroker. Dec. 21; Thomson and
YORKE (Hou, and Ven. Henry R.), Wimpole, Cambridge. Eduards, sulieitors. 7, Doughty-street, Mecklenburgh.
Jan. 2: Francis and Co., solicitors, 17, Emmanuel-street, there was nothing on the face of the statute to
or in the lawful possession of such lodger," and square, Mid Ilesex.
Cambridge. BIPWELL Alfred C.), Esq., Sparkford-lodge, Winchester.
require that goods, in order to be exempt, should Jan. 20; Farrer and Co., solicitors, 66, Lincoln's-inn-fields,
be not only owned but used by the lodger. W.C. BROOKS (Rev. G. W.), Files, York, clerk in Holy Orders.
Ax EVENING BEVERAGE--GACA'OINE. - The Food
Mr. MANSFIELD said that whenever an Act of Jan 15; Tate, solicitor, 29, Westborough, Scarborough. Journal says :-By a dew process to which the nibs are Parliament was passed, the very first case that Browy. Thos.); 53, Calogan:place, blonde-street, Middlesex, subjected, the principal part of the oil is effectually cropped up was sure to be one that had not been gentleman. J n. ; J. McMillan, solicitor,
removed ; a thin beverage, well adapted for afternoon contemplated in the Act. bury.square Wu.
This was so here. The or evening use, as a substitute for ten, being the result. CAHWARDINE (ker. John B.). Colne Priory, Essex. Jan. 31; Paine and Co., solicitors, 47, Gresham-house, Old BroadThe flavour of Caca'oine will, in addition, be a great
defendants were justified in acting as they had street, E.C. attraction to all." - Each packet or tin is labelled; awaken suspicion, and to call for a full inquiry.
done, since the circumstances were such as to CHEARSLEY Wm. E:9., Halifax, Nova Scotia, Canada.
“JAMES Epps & Co., Homeopathic Chemists, London." Jan. 10: B 8C roff and Co., solicitors, 6, Great Winchester- Also makers of Eppa's Milky Caca’oine (Caca'vine and It now, however, appeared that the sale to Cox was striet-bui in is. Condensed Milk.)
bonâ fide, and that the furniture sold to him was
and remained his property. As counsel for the viz., three guineas, would, under the circum- which they are handed to him for sale and the day plaintiff had said this was enough to satisfy the stances, be allowed.
of settlement. If it were not for this custom, the express words of the statute, though it was doubt- Kingsford asked to have the case stated for the “ bulls” and the “ bears ” would be completely ful whether the statute contemplated a case such decision of the Court of Queen's Bench.
harmless. It is the possesion of a large amount as the present one. This being so, it did not seem Mr. MANSFIELD did not think that any point of of stock belonging to other people, and which they to him that Lee had sufficient beneficial interest law was involved, but he consented to grant a case use in the most unscrupulous manner, that gives in the goods to prevent the statute from applying. if Mr. Kingsford would state the points upon them the baneful power they often exercise upon The goods distrained upon must be restored to which he wished to have the decision of the our stock exchanges. It lies with the great body the applicant, and a reasonable sum for costs, Superior Court.
of honest and respectable brokers to put an end
to a system such as that which we have described. BOROUGH QUARTER SESSIONS.
No doubt long custom has caused it to be re
garded without aversion, but no length of time Wnat notice of
can justify the practice.- Liverpool Mercury. Borough.
Clerk of the Peace.
appeal to be given
WHEN LIFE INSURANCE POLICY EF. Berwick-on-Tweed Friday, Dec. 29
W. T. Greenhow, Esq... 5 days
FECTIVE WITHOUT PREPAYMENT OF
T. R. T. Hodgson.
W. Cope, Esq;
W. D. Batte. Bridgwater Friday, Dec. 22
E. H. Reed, Esq.
J. Trevor. Carmarthen. Wednesday, Jan. 3 J. Johnes, Esq.
The Supreme Court of the United States has 10 days.
J. H. Barker.
affirmed the decision of the Circuit Court in the
J. S. Barnes. case of the Brooklyn Life Insurance v. Miller.
C. Saunders, Esq........
G. H. E. Rundle. The action was brought on a policy of insurance, Dover Wednesday, Dec. 27.. Sir W. A. Bodkin, Kot. 2 days
W. G. Ledger. issued by the company, the premium on which Exeter Monday, Jan.. 1.... H. C. Lopes, Esq., Q.C. Statutory
T. J. Bremridge. Faversham
was to be paid part cash and part in notes, the
F. F. Giraud.
party insured relying on a friend to make the cash
F. W. Jones. Kingston-on-Hull Thursday, Jan. 4
S. Warren, Esq., Q.C.... Statutory R. Champney, jun. payment. The agent of the company agreed to Leeds Thursday, Dec. 28 J. B. Maule, Esq., Q.C.. 10 days
look to such third party for payment, and sent the
insured his policy with the notes to sign, inform. Northampton Friday, Jan. 5.....
J. H. Brewer, Esq.
ing him at the same time that no policy was in Portsmouth. Tuesday, Jan. 9
Mr. Serjeant Cox
force until the premium was paid. The insured
J.J. P. Mody. Shrewsbury... Wednesday, Jan. 3
W.F. F. Boughey, Esq. 14 days.
signed the notes, and returned them to the agent, but the cash payment was not obtained. The
defence was, that the acts of the agent in the COMPANY LAW.
was on the face of it a false statement; he had, matter did not bind the company, because agents
only received 1401. 158., and no man should make' were prohibited to make any contract changing NOTES OF NEW DECISIONS.
him declare by his signature that he had been the provisions of the policy. The court held, that
paid 1411. 58. People not learned in the law and the circumstances of the case amounted to a waiver RAILWAY COMPANIES Act 1867—SCHEME OF in stock exchange customs will probably think as to the cash payment, and that the act of the ARRANGEMENT with CREDITORS—IF DEBBEN. that his position was impregnable. Not a bit of agent bound the company. The judgment was TURE HODERS BOUND BY THE SCHEME.- Where it. Appeal is made to the law, and both the accordingly. This court affirm that judgment.. a scheme of arrangement with creditors filed under judges of our own Court of Passage and of the Clifford, J. delivered the opinion. the Railway Companies Act 1867 has been duly Court of Common Pleas have decided that Mr. confirmed and enrolled, and has thus become M'Clellan has not got a legal leg to stand upon, binding upon the debenture holders of the com. and he gets shown out of court with something
REAL PROPERTY AND pang, a debenture holder who had recovered judg: like contempt, saddled with the costs of two trials, ment against the company for his debenture debt The first question which naturally suggests
CONVEYANCING. before the filing of the scheme, will be restrained itself is-What is the authority upon which Mr. from issuing execution against the property of the M'Clellan is compelled to sign that which he company under his judgment, the judgment being knows to be untrue ? Is there some ancient Act
NOTES OF NEW DECISIONS. only one of his remedies for compelling payment of Parliament declaring that in these stock
VENDOR AND PURCHASER-SALE OF A PUBLIC of the debt, and not conferring upon the debenture transactions mens shall be made liars ? Nothing HOUSE-SPECIFIC PERFORMANCE-TIME THE Esholder any independent right in another character. of the kind. The sole authority for this mon. SENCE OF THE CONTRACT.-The trustees of a will, Before the passing of the Railway Companies Act strous imposition is contained in a nota bene under
their power of sale, put up a public
house 1867, M., a debenture creditor of a railway com.
appended to the transfer documents, and which for sale by auction as a going concern. On the pany whose debt was overdue, recovered judg. runs as follows:-" The consideration'set forth in day fixed for completion the purchaser refused to ment in an action against the company for the
a transfer may differ from that which the first complete, on the ground that the trustees were not principal of his debt, together with interest and seller will receive, owing to a subsale from the in a position
to transfer the licence, which had costs of the action. After the passing of the Act, original buyer ; and the Stamp Act requires that been renewed in the name of the testator after his. the company filed a scheme of arrangement with in such cases the consideration mouey paid by the death : Held (reversing the decision of the
Master their creditors. The scheme became binding on the sub-purchaser
shall be the purchaser shall be the of the Rolls), that as time is of the essence of the debenture creditors of the company, the neces. one inserted in the deed as regulating the ad contract upon the sale of a public house as a sary assents under the provisions of the Act valorem duty (55 Geo. 3, c. 184)." With reference going concern, and as the trustees were not on the having been given to it, and it was duly confirmed 70 the last clause of this precious note, it was day fixed for completion in a position to transby the court and enrolled. The scheme made no
shown to be inaccurate, and if that be so it can fer to the purchaser a valid licence, that in the provision for payment of the debts of the judg. only have been introduced in order to cover with a name of the deceased owner being a nullity, the ment creditors as such. After this had been done: false gloss of legality a most objectionable prac purchaser was entitled to repudiate the contract, the company having regained possession of their tice. On the general queetion at issue, it really and accordingly a bill for specific performance of property M.sued
out execution against them, upon passes the comprehension of non-legal minds the contract was dismissed with costs: (Cowles v. his judgment, and the sheriff, under the writ; to understand why the judges should invest with Gale, 25 L. T. Rep. N. S. 524. L. JJ.) seized some of their rolling stock : Held, upon bill the fullest possible measure of legality such a pro- SETTLEMENT-POWER OF SALE-CONVERSION. filed by the company, that there was jurisdiction position as that contained in this note. Re. -A settlement contained a power to sell real to restrain M. from proceeding under his judg member, the seller has distinctly to declare that estate, the proceeds to be laid out in land, or ment, and an injunction was granted accordingly: the larger sum-be it 101. or 10,0001.- has been Government or real securities, which, when pur(The Potteries, fc., Railway Company v. Minor,
' paid to me. Willes, J., thinks the note ex. chased, should be liable to the same uses as were 25 L. T. Rep. N. S. 522. L. JJ.)
plains the meaning of the words “paid to me." therein declared of the said premises, which were
We can cnly say that to us it appears one of the to the settlor for life, with remainder to his wife STOCK EXCHANGE PRACTICES. most non-natural explanations” ever offered. for life, with remainder, in default of appointment The proceedings in the Court of Common Pleas Then the principle of the thing seems altogether (which happened), to their children, as tenants in in connection with the suit of Case v. M'Clelllan, opposed to our ordinary notions of business. On common, their heirs and assigns respectively. as reported in Monday's Mercury, expose a very the one side there is a numerous and influential The land was sold in 1821, and the proceeds inunsatisfactory custom prevalent on the Liverpool body of gentlemen conversant with all the move. vested in real securities, and thus remained
to the and other stock exchanges. It may be as well ments affecting the value of shares. On the other present time. Held, that the trustees were not briefly to recapitulate the facts. Mr. M'Clellan side is the general body of the public, knowing bound to invest in land, and that the trust prodesired to sell a number of shares; he employed little about stock exchange transactions, and perty had acquired the character of personalty : for his purpose a Liverpool broker, Mr. Case. largely dependent upon the brokers. The latter (Atwell v. Atwell, 25 L. T. Rep. N. S. 526. M. Ř.) And we may at once remark that no personal meet, form an association with the strictest pos.
MARRIAGE ARTICLES-DEFAULT OF HUSBAND odium attaches to this gentleman for his share in sible laws, and then frame a rule in which they say
IN PERFORMING HIS PART OF THE AGREEMENT. the subsequent transactions; he only did that to their patrons, “We sold your shares for so-By marriage articles it was agreed in considerawhich his fellow brokers had been in the habit
of much, but in the course of the fortnight before tion of the intended marriage that the intended doing for many years—that which the law is de settling day they had been resold for a larger husband should make a certain settlement, and elared to allow, and which one of the Superior amount ; you must declare that you have received that the father of the intended wife should (inter Courts of the land rules that he has a perfect the higher sum.” if it be legal for the brokers to alia) settle three-tenths of his residuary estate right to do. Mr. Case, therefore, is exonerated do that, we do not see much difference in the upon trust for the husband for life, with
remainder from all personal obloquy. Well, he sold the bakers and butchers agreeing that their cus. for the wife for life, with remainder upon certain shares at a certain price, and we may suppose tomers shall be treated in a somewhat similar trusts in favour of the children of the marriage, made the best bargain he could for his client. fashion. As it is, the brokers have considerable with remainder over in default of issue. The mar When settling day and time for transferring the privileges. None of the shares quoted on the riage took place, and the wife died without issue. shares arrived, Mr. M Clellan again resorted to stock exchange lists can be sold except through The husband failed to perform his part of the his broker, who had previously forwarded to him the medium of a broker, so that they really pos- | marriage articles, but after the death of the
wife's the terms upon which the sale had been effected. sess a monopoly of a most profitable business.
father he claimed to be entitled for his life to Mr. Case sold the shares on behalf of Mr. If we turn from the legal to the moral aspect of three-tenths of the father's residuary estate, and M•Clellan at 140% per cent.; but when the latter the question, it presents itself in a still more he took out a summons in a suit for the adminis. came to examine the transfers, he found that he objectionable form. Apart from the falsehood to tration of the estate to enforce his claim : Held was required to sign a statement to the effect that which the seller has to put his signature, the (affirming a decision of Lord Romilly, M.R., he had received 1414 per cent., or a difference of temptation for improper dealing with shares under 24 L. T. Rep. N. S. 10), that the marriage having 103. per share. The amount of the difference upon a system which so completely protects the broker been the material consideration for the articles the whole transaction was comparatively trifling, is obvious. He may, if he please, manipulate the husband was entitled to what he claimed : but Mr. M'Clellan refused to put his name to what with them to any extent between the date on' (Jeston v. Key, 25 L. T. Rep. N. S. 522.)
2 Sprague, 48; The Roe, Swab. Rep. 44; The to insure against war risk, or that, by their failure
Janet Mitchell, id. 111; The Golondrina, Eng. Law to effect such an insurance, they had committed NOTES OF NEW DECISIONS.
Rep. 1 Adm. & Eccl. 334; Jones on Salvage, 14.) any breach of the contract; and, secondly, that COLLISION - FOG - DUTY AND POWERS OF The real contest was, what shall be awarded ? the defenders were, notwithstanding such failure, TRINITY MASTERS AS ASSESSORS-EVIDENCE- In the first case cited, the master was down with bonnd to take delivery of the cargo, and having PRACTICE.- Four to five knots an hour is not a
the yellow fever; the mate of the salving vessel, failed to do so, were liable for the loss arising on moderate speed for a steamer in a thick fog in the obeying the signal of distress, took the ship and the sale, which was eventually carried throngh. Baltic, twenty-five miles east of Gothland. The ran her twenty-three miles to port. The Alphonso The defenders reclaimed. Watson and Innes for duty of Trinity Masters, sitting as assessors in and cargo were worth 15,000 dols. There the court them. Shand and Travner in answer. the Admiralty Court, is to assist the judge in allowed 750dols., of which 300dols. went to the The COURT now altered the interlocutor of the questions of nautical skill. In case of a differ mate. In the second case the master and two Lord Ordinary, and assoilzied the defenders. ence of opinion between the judge and the asses.
mates had been killed, and no one was left to Their Lordships held that it was the duty of the sors, the judge is not at liberty to act upon any navigate the ship. The salving vessel sent her seller, on the cargo being shipped, at once to for. inferences which they may draw from the evidence, mate, who navigated the distressed ship twenty ward the bills of lading to the purchasers, in order except they accord with his own. It is the duty
days. She was worth, with cargo, 95,000dols. that they might, as soon as possible, be invested of the judge to decide the case on his own respon 5185dols. were awarded ; owners, 3500dols; master, with the property of the cargo. Delivery of sibility : (The Magna Charta, 25 L. T. Rep. N.S. 800dols.; first mate, 1000dols.; second mate, shipping documents was the proper fulfilment of 512. Priv. Co.)
25dols., and sixteen sailors 10dols. each. In the the contract. It was stipulated by the contract COLLISIONS-REGULATIONS FOR PREVENTION, case of the Roe, in distress, the value saved was that one of these should be a policy of insurance ; ARTICLES 13, 16.--Article 16 of the “Regulations 9,3501. ; 1501. was awarded, beside the payment and where a party contracts in general terms to for preventing collisions at sea” only applies made to the two sailors who came on board for effect insurance of a cargo, he guarantees inwhen there is a continuous approaching of two services.
demnity against all risks ordinarily covered by ships. When two vessels are meeting end on, or
In the case of the Janet Mitchell, some one was insurance. War risks are undoubtedly included nearly end on, within the meaning of Article 13, needed to navigate the ship, which, with her cargo, among these, and the fact that war broke out after and one of them, at a proper distance, ports her was worth 29,7001. The mate of the salving ship the date of this contract did not affect the liability helm sufficiently to put her on a course which volunteered, and the owners of the Mitchell gave of the sellers. It would be just as reasonable for will carry her clear of the other, she thereby de him 2001. for his services; 10001. was allowed the an underwriter to say that he insured in time of termines the risk, and is not “ approaching remaining officers, the owners, and the crew. In peace and did not contemplate war, as for a party another ship so as to involve risk of collision” the case of the Golondrina, the two mates had contracting to procure insurance to say so.,. On within the meaning of Article 16, and is not bound deserted her, and the master had jumped over the failure of the pursuers, therefore, to deliver to slacken speed or stop: The Earl of Elgin v. the board; the second mate of the salving vessel shipping documents, including a policy covering Jesmond (25 L. T. Rep. N. S. 514, Adm. Čt.) brought the distressed ship into port. Her values war risk, the defendants were entitled to rescind
PRACTICE-DUTIES OF PROCTOR WITH RE: amounted to 26,0001. The award was 1,8001. In the contract.
SPOOR V. GREEN. stating the names of the parties for whom they appear. In the vice-admiralty courts proctors are
This case, which has for some time elicited connot bound to do more than this under rule 40 of
COURT OF SESSION, EDINBURGH. siderable attention amongst colliery owners and the Vice-Admiralty Rules and Regulations, unless
Thursday, Nov. 30.
land proprietors, has again been before the Court upon a strict order of the court. The production
of Exchequer of Pleas. This case came before of a proxy, purporting to be duly signed and
Hannen, J. and a special jury at the Durham sealed, but without proof of the handwriting of
Marine insurance-War risk.
Summer Assizes in 1868, when a verdict was those who appear to have subscribed the instru. In June 1870, the pursuers, Messrs. Birkett, given for the plaintiff for 25001. damages, subject ment, is a prima facie compliance with an order Sperling, and Co., who are merchants in London, to the opinion of the court upon a spcial case to to produce a proxy, and throws the onus of dis. sold to the defenders, Messrs. Engholm and Co., be stated by Mr. Gainsford Bruce, who was to proving its authenticity on the opponents. An who are merchants in Leith, a cargo of oats of find all facts necessary to raise all points of law, objection to a suit on the ground of the non-pro- about 1100 quarters, to be shipped by the Ems, on That gentleman subsequently held hearings both duction of a proxy is a preliminary objection, to her arrival at Archangel, at the price of 23s. in Newcastle and Durham for the reception of be raised on motion, and not on protest, and the cost, freight, and insurance to London, or the east evidence, and it was elicited that the plaintiff was utmost a court can do where such proxies as above coast of Britain, according to charter-party, for Mr. Edward Spoor, of Togston-hall, Northumberare produced is to stay proceedings until further every 304lb, weighed out, sound or damaged, at land, and the defendant Mr. William Green, late information can be obtained : (The Eucine, 25 port of discharge. Payment to be made by cash governor of Durham County Gaol. In 1842, the L. T. Rep. N. S. 516. Adm. Ct.)
in London on handing invoice, and in exchange late Mr. T. Colpitts Granger, M.P. for Durham, for shipping documents," &c. The cargo was
was owner of 28 acres of land at Low Bitchburn SALVAGE REWARD.
duly shipped on board the Ems at Archangel, and near Crook, in the county of Durham, and he sold The brig J. L. Bowen left New York, May 28, 1871, Engholm and Co., inclosing invoice for the oats, fendant, without excepting the mines and minerals
, on 1st Sept. 1870, Birkett and Co. wrote to and duly conveyed the same to Mr. Green, the defor Gibraltar. She had one passenger, a master, amounting to 11621. 11s. 2d. Engholm and Co., in but, notwithstanding this deed of conveyance, made two mates, a cook, and six men before the mast! reply, refused to pay the amount of the invoice in 1842, Mr. Grainger, in 1814, leased the coal The ship and cargo were worth 50,000dols. June unless Birkett and Co. insured the cargo against under these 28 acres of land to Messrs. John J. 1st an affray occurred between four of the seamen and the officers, in which the master was killed, were bound, under the contract libelled, to insure Mr. Green, conveyed to Mr. T. Jamieson about
war risk, and they now pleaded that the pursuers Smith and John Sharp. In 1845 the defendant, and the second mate njured so as to be unable to not only against the natural perils of the sea, but half an acre of the land comprising the 28 acres, do duty, and the first mate was badly hurt. against, the risk of hostile capture, to which the Ems but without excepting the mines and minerals, and
This latter remained at his post, and headed the as a German vessel was exposed, owing to the Mr. Green entered into the usual covenants that vessel back for New York. He controlled the war which was declared between France and Ger. he, and the then mortgagee, had power to convey, men, and received the aid of the passenger; the many July 15, 1870. A correspondence ensued for poaceable enjoyment, free from incumbrances, cook, a coloured man, was faithful. Two of between the parties, and on Sept. 8, Birkett and In 1846, Mr. Spoor, the present plaintiff, purchased the four men engaged in the affray were disabled Co., effected an insurance covering war risk, from Mr. Jamieson the land in question, he at the therein. The first mate was the only officer left leaving for after decision the question of liability same time having no notice of the lease of the for duty, and the only person left alive who under for the premium, which amounted to 601. 10s. 6. mines and minerals, which were not excepted in stood navigation. For two days and two nights, An offer to halve the expenses having first been the conveyances from Mr. Jamieson to him. Mr. crippled as he was, he remained on deck all the made by Engholm and Co., and declined by Birkett Spoor subsequently built about twenty houses on time, and took no sleep. He was wounded twice and Co., was afterwards made by Birkett - without the piece of land at considerable cost. On Christin the head, his shoulder was knocked out of joint, prejudice,” and rejected by Engholm, who main- mas Eve 1865, the tenants were alarmed by the and he had to keep one arm in a sling: He set å tained the position that, failing such insurances cracking of the walls of their houses, and for their signal of distress, and on the 3rd fell in with the at the expense of the sellers, the contract was at own safety were glad to make a hasty retreat, and the ship Europa, from Bremen to New York, with a at end. On the 22nd Sept. Engholm and Co., whole block of houses became, and still are, a pergeneral cargo and 130 passengers. She had a declined to take the cargo, and intimated a claim fect wreck and ruin, and are quite uninhabitable. master and only one mate, the libellant Hilmer, of compensation for loss of market. On the 23rd This injury was caused by a subsidence of the and beside him the only person on the Europa Sept. the Ems arrived at Fraserburgh, and it ground consequent upon mining operations under. who could navigate the ship was the master. The was agreed between the parties, under reserva. neath. It was for damages for the loss and injury brig sent to the ship a boat in which was the cooktion of their legal rights, that the vessel should which the plaintiff, Mr. Spoor, sustained, that he and one man. The cook stated the condition of proceed to London, and that the cargo should brought the present action.
For some days affairs on the brig. The master sent Hilmer on to there be sold to the best advantage. This was past the Lord Chief Baron Kelly, and Barons the brig to investigate and report, which he did, accordingly done, but the difference between the Bramwell, Channell, and Cleasby, have been detailing the facts, and also the fact that the first nett proceeds of the sale and the invoice price of engaged in listening to the arguments on the mate of the brig requested assistance. The result the cargo amounted to 3551 ls. 11d., which repre- special case. was that Hilmer, by consent of the ship's master, sented the loss to the pursuers caused by the Manisty, Q.C. and Heath, of the Northern Cirwent on the brig alone, discharged his duties as defenders' refusal to take the cargo, and for re. cuit, appeared for the plaintiff, (instructed by mate, and aided in bringing the vessel safely to covery of which the present action was brought. E. H. De Rhe Philipe, as agent for Brignail, of port on the 5th. The weather was fine, but soon By joint minute of admission the parties agreed Durham.) after meeting the ship and brig parted company in that the cargo was duly shipped, and was in all Quain, Q.C., and Kemplay, of the Northern a fog, and only met again in port. The libel is respects conformable to contract; that the differ. Circuit (instructed by Messrs. Hill and Hoyle, as filed on behalf of Hilmer, and all others who ence between the invoice price and the amount agents of Lisle, of Durham), were retained on are salvors and claim salvage compensation, for realised by the sale should be held to be behalf of the defendant. Hilmer for the Europa and her crew. It was 2941 11s. 5d., and that in the event of its being At the conclusion of the argument on Wednesdenied that the brig was in great peril or dangor, found that the sellers were not bound to insure day, which involved some exceedingly nice points or that she was rescued from great or any con against war risk decree should be pronounced in of law, the Chief Baron said that in consequence siderable peril beyond the power of her mariners their favour for the said sum of 2941. 11s. 50., of the extreme intricacy of the case, the court to control. Blatchford, J., in the United States and also for the sum of 301. 58. 3d., being the would consider the facts and law raised by the District Court, New York, after detailing the facts amount of one-half of the premium. The Lord learned counsel, and postpone their judgment. fully and more elaborately than we have digested Ordinary (Jerviswoode) accordingly decerned After some discussion, his Lordship added that them above, held the service was salvage service, against the defenders for these two sums, with the it was very desirable that the plaintiff and deand all the claimants were entitled : (Williamsom v. interest and expenses, finding, first, that they had fendant should come to some friendly arrangement The Alphonso, 1 Curtis C. C. P. 376; The Czarina, ' failed to establish that the pursuers were bound of the case.