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might combine to advocate a measure which is a ARTICLED CLERKS' SOCIETY. same in both countries, these differences arise, of great public want. Another such measure is a A MEETING of this society was held on Wednes. course, out of the Statute Law. The Act of 1814, Sanitary Acts Consolidation Bill ; such a Bill day 13th Dec. 1871. Mr. Dendy in the chair. Mr. regulating the procedure of the Crown side of the would be more efficiently and satisfactorily framed Arnold opened, in the negative, the subject for Court of Queen's Bench in England, has not yet by lawyers than by laymen, and would be a national the evening's debate, viz. : “ That the Conta- been extended, as a Royal Commission advised benefit.

gious Diseases Acts 1856 and 1869 (29 & 30 Vict.

some time ago it should be, to Ireland. The same c. 35; and 32 & 33 Vict. c. 96), should be repealed.” commission recommended certain changes in the FIXTURES.— With reference to your article on The motion was lost nem con.

civil procedure of the superior courts, but, pena. the subject of fixtures in the Law TIMES of 9th

ing the remodelling of the English system in ac. Dec. 1871, we, as attorneys for the respondents in

cordance with the suggestions of the Judicature the case alluded to, think your attention should


Commission, no steps in this direction have yet be directed to the fact that the appellants' counsel

been taken. Certain alterations have been effected alleged, as he must, that there is a conflict of deci.

in the constitution and working of the Irish Equity sions ; otherwise there is no ground for appeal.


Courts, but, owing to the existence of a Landed The respondents' case has not been opened. They The late William Rookes Crompton-Stansfield, Estates Court in Ireland, which exercises an im. insist the decisions, carefully examined, proceed E:9., barrister-at-law, of Esholt-hall, Yorkshire, portant and somewhat anomalous equitable juris. on the same principle, and that there is no conflict and Frimley-park, Surrey, whose death was re. diction, and the non-extension to the Irish local between the cases cited. NORTH AND SONS. cently announced, in the eighty-first year of his tribunals of the equitable jurisdiction possessed

age, was the eldest son of the late Joshua Cromp: in England by the County Courts, the adminis.

ton, Esq., of York, by Anna Maria, daughter and tration of equity in England is still so different NOTES AND QUERIES ON heiress of William Rookes, Esq., of Esholt-hall. from that of the Irish Chancery that no exact POINTS OF PRACTICE.

He was born in the year 1790, and was educated comparison is possible. Some important distinc

at Harrow and Jesus College, Cambridge, where tions still exist between the two countries in the Notice.-We must remind our correspondents that this he graduated B.A. in 1812, and proceeded M.A. in laws relating to judgments, and the Irish law of coluinn is not open to questions involving points of law 1816. Having adopted the study of the law as a divorce is still different from that of England, the

such as a solicitor should be consnlted upon. Queries will profession, he was admitted a member of the Matrimonial Courts in Ireland having no power to be excluded which go beyond our limits. V.B.- Xone are inserted unless the name and address of the Honourable Society of Lincoln's-inn, and was grant a dissolution of marriage. The Irish Probate writers are sent, not necessarily for publication, but as a called to the Bar in 1819. Mr. Crompton-Stans. Court has pretty nearly the same powers as thatover guarantee for bona fides.

field was a magistrato and deputy-lieutenant for which Lord Penzance presides, but since the pas.

the Northern and Western Divisions of Yorkshire, sing of the Land Act it is enabled to recognise as Queries.

and from 1837 to 1853 sat in Parliament, in the property tenant rights and goodwill, which have 43. AGENCY CHARGES. - A country solicitor obtains Liberal interest, as representative of the borough no legal recognition in England. The Irish bankinstructions to file a bill in equity. He devotes upwards of Huddersfield. He assumed the name of Stans. raptcy law still remains similar to that which of a day to perusiug, deeds and preparing instructions field in compliance with the will of his mother, existed in England before the reforms commenced to counsel to settle bill. These instructions are copied who inherited the property of his maternal uncle, in 1847, since which time the English law has been in the solicitor's office, and sent, with copies of deeds: Robert Stansfield, Esq, of Esholt. The deceased twice reformed. In the present year the Irish &c., to his London agent, with directions to “lay the papers before counsel."

is the London agent, under gentleman married in 1824 Emma, eldest daughter lunaey jurisdiction was assimilated to that of these circumstances, entitled to charge his principal of William Markham, Esq., of Becca-hall, York. England. 11. ls. for instructions for bill, and also a moiety of the shire.

In 1870 an Act remitting cases from the Superior costs of drawing such bill, or should not his charges

Courts of Common Law to inferior tribunals came commence with "attending counsel with papers," seeing that all the labour up to that time is performed by the


into operation. The total number of causes tried country solicitor?


The late William Henry Tinney, Esq., Q.C., at Nisi Prius in 1870 was 929 : in 1869 it was 2018.

formerly a Master in Chancery, who died on the There was an increase in the number of causes H. TEN YEAR, CLERKS: - Can any of your readers 30th Nov., at his residence, Snowdenham, Tor: tried on circuit, and a decrease in those tried in inform me how an articled clerk, going

Dublin. It is remarkable, however, that the mediate Examination under the ten years' qualification, quay, in the eighty-eighth year of his age, once is expected to prore the ten years' service. Supposing held a most distinguished position in the Profes. amounts recovered by verdict increased from the time to have been served in several offices, must be sion, and was the contemporary of Brougham and 24,0001. to 40,000l. The number of appeals, too, obtain affidavits or certificates, and which, from each employer for the length of time he has served with him; upon his university career early in the present before the full courts in Dublin have, on the other Campbell. Born in the year 1784, he entered from local courts to judges on circuit showed a

considerable augmentation. The proceedings and what is the practice in cise of the death of the employer?

G. J.

century, and took his Bachelor's degree at
Magdalen College, Oxford, in June 1805, his name

hand, slightly diminished. The Irish Chancery 45. IRISH CHURCH Act 1869-COMPENSATION TO LAY being the only one in the examination statute list Act of 1867 made some important changes is the PATRONS:-By sect. 18 of the Irish Church Act 1869 (32 of that year, which was two years before the business of the Equity Courts of Ireland. We find, & 33 Vict. c. 42), the commissioners under the Act are awarding of classical honours. He was subse accordingly, that the number of orders made by directed to " ascertain and by order declare the amount of compensation which ought to be paid to any person quently elected to a Fellowship at Oriel, where he Masters in Chancery has largely diminished, while or body corporate who, or which, shall within three took his M.A. degree in 1808. He was called to the those issued from Judges' Chambers have conwriting to this effect for or in respect of any advowson," 1811, and obtained the honours of a silk gown, the same level as that of the previous year. years from the passing of the Act'make application in Bar by tłe Honourable Society of Lincoln's-innin siderably increased. In other respects the busi

ness of the Chancery Courts remains very much at &c. I should be obliged to any of your readers who will and was made a bencher of Lincoln's-inn in 1829, inform me upon wbat scale, and in wbat manner, this about the same time as Lord Cottenham, and from

An apprehension was entertained when the Land compensatiou would be awarded to the owner of an advowson, assuming for instance, that at the time of that time, says the author of the " Bench and the Act became law, among some classes of legal the passing of the Irish Church Act, the incumbent, a Bar," began to date an improvement both in the would seriously affect the business of the Landed

practitioners in Ireland, that the new statute rector, was fifty yeurs vt age, and the annual value of quantity and quality of his business. For a time Estates Court. Although the statistics of 1570 the living 5001. ?

J. H. F. his practice was chiefly confined to the Rolls show a slight falling off in the number of sales as

Court, unless specially retained in some cases in

the Chancery or Vice-Chancellor's Court. As a compared with those of the previous year, the
lawyer he always rarked high ; his judgment was

number of petitions lodged for future sales cor. (Q. 36.) WILL.-When the ancestor, by any gift or conveyavce, takes an estate for life, and in the same considered to be very sound, and on his opinion rects this erroneous impression. There has been

a diminution in the average price realised by gift or conveyance an estate is immediately limited to great reliance was invariably placed. “Few men bis heirs in fee or in tail, the words "the heirs” are at the Chancery bar," says the above authority, The average in 1869 was 17 2 years, but there is

estates amounting nearly to one year's purchase. words of limitation of the estate of the ancestor : could more closely reason a point of law, or (Wms. R. P., 8th edit. 246.)

apply themselves with more effect to the merits of tion of the Land Laws. In other respects, the

no proof that the decrease was due to the altera-
the case before the court." Ever zealous in the

service of his clients, the interest he felt in the judicial statistics give proof of the increasing pros. result of the case could be detected in every word perity of the country. The average amount of he attered, bad as his delivery was, and in every and administration annually, during the year 1846

property which paid duty on passing under probate LAW ASSOCIATION

glance he directed towards his Honour. His zeal, FOR THE BENEFIT OF Widows AND FAMILIES indeed, occasionally led him into considerable 1850, was.2;534,61.11.; during the years 1850-1860,

OF ATTORNEYS, SOLICITORS, AND Proctors animation of manner. He was, in fact, a laborious it was 4,222,395l.; last year it was 5,014,795). The IN THE METROPOLIS AND VICINITY. man in his profession, and applied himself so

operation of the Land Act, as we have noticed, has The usual monthly meeting of the directors was closely to the

cases in which he was engaged, as to increased the local business of the Probate Court, held at the hall of the Incorporated Law Society, feel comparately little interest in anything else. by making legal those rights of occupancy and Chancery-lane, on Thursday, the 7th inst., the Mr. Tinney was particularly eminent as a real goodwill which had no previously recognised following being present, viz. :-Mr. Desborough property lawyer, and he was one of the Real Pro.

existence. (chairman), Mr. Beaumont, Mr. Barges, Mr. Car. perty Commissioners with Lord Campbell. It is a excluding ejectments, showed a small increase,

In the civil bill courts, the number of cases, penter, Mr. Collisson, Mr. A. Drew, Mr. Gresham, strong testimony to the high legal and personal but in the nun,ber of ejectments executed by the Mr. Hedger, Mr. Kelly, Mr. Nisbet, Mr. Sawtell, estimation in which he was held, that he was Mr. S. Smith, Mr. Steward, Mr. Styan, Mr. (though himself a staunch Conservative) ap- 1870 as against 1040 in 1869. About two-thirds of

sheriff there was a considerable increase_1301 in Whyte, and Mr. Boodle (secretary), when a grant pointed to a vacant mastership in Chancery by a these were ejectments for nonpayment of rent, the of 501. was made to the widow of a member. Whig Government. Grants amounting to 401. were made to four masters' offices, he retired with a pension of 25001. fied. A much larger increase is to be noticed in

On the abolition of the remaining third being for other causes not speci: widows and an aged daughter of non-members. a year. The deceased gentleman will be lamented,

Three new members were elected, and the ordinary not only by a large circle of attached personai the number of warrants issued from the civil side business was transacted. friends, but by the many who had profited by his

of petty sessions courts against cottier tenants open-handed liberality in matters of charity. His and against weekly tenants in towns for over;

for waste, nonpayment of rent, and over-holding, NORWICH LAW STUDENTS' SOCIETY.

wife, who survives him, was a daughter of the
late Rev. Canon Hume.

holding. These have nearly doubled as compared This society, which has recently been estab.

with the numbers of the preceding year. Out of lished, held its inaugural meeting at the Guild.

43,705 jurors returned to serve in counties at large, hall, Norwich, on Wednesday, the 6th inst., Mr.

4585 had illegal qualifications-nearly twice as Randall Burroughes in the chair. The meeting


wany as those illegally qualified in the previous was addressed by the chairman, Mr.J. W. Sparrow,

year. In towns the case was much worse : oneand other local solicitors. The society numbers

IRISH CRIMINAL AND JUDICIAL half the jurors returned were found to have illegal upwards of forty members.


qualifications. It is supposed, however, that this The next meeting is announced for Wednesday, In reviewing the operations of legal tribunals in wischief has been completely met by Loru the 18th inst, the subject for debate being, “ That Ireland, and comparing them with the work of the O'Hagan's Juries Act. it is desirable that the Government shall pur- English courts, certain diversities, specially rela. The supreme courts of appeal in Ireland do not chase and work all railways in the United ting to the jurisdiction of the civil tribunals, appear to be overburdened with work. In the kingdom.”

have to be noticed. As the common law is the 'Exchequer Chamber, six registry appeals, twelve




Dec. 16, 1871.)

appeals from the supreme courts of common law, and tro remanets were disposed of, or stand for judgment. There was one appeal to the Privy Council in Dublin concerning a fishery byelaw. Three appeals to the House of Lords were lodged, and five cases stood over from previous years. Of these, one was dealt with, and at the close of 1870 seven still remained to be considered and decided.-Times.

THE GAZETTES. Professional Partnership Dissolbed.

Gazette, Dec. 5. HORDERX, ALEX, R., and CHURCHILL, JOSEPH B. attorneys and solicitors, Devereux.ct, Temple. Nov. 8


Gazette, Dec. 8.
To surrender at the Bankrupts' Court, Basinghall-street.
EASEY, JAMES, cheesemonger, Victoria-st, Bermondsey. Pet.

Dec. 6. Reg. Hazlitt. Sol., Snell, George-st, Mansion-house.
Sar. Dec. 20
NORFOLK, W. J. FREDERICK, accountant, Coleman-st. Pet.

Dec. 6. Reg. Spring-Rice. Sols., Harper, Broad, and Co.,
Pood-la. Sur. Dec. 21
PARKER, Hon. GEORGE AUGUSTUS, no occupation, United States
0: America. Pet. Dec. 1. Reg. Spring - Rice. Sols., Messrs.

Dasis, Cork-st, Burlington-gardens. Sur. Jan. 11
PCLLING, GEORGE, upholsterer, High Holborn, and Grove-end.

nd, St. John's-wood. Pet. Dec. 6. Reg. Spring-Rice. Sols.,
Roscoe and Co., King-st, Finsbury.sq. Sur. Dec. 21

To surrender in the Country.
BAITER, ROBERT, boot dealer, Banbury. Pet. Dec. 4. Reg.

Fortescue Sur. Dec. 19
COLE, JOHX. tailor, Cambridge. Pet. Dec. 6. Dep-Reg. Harris.

Sur. Dec. 23
CBOOK, JOSEPH, victualler, Bradford. Pet. Dec. 5. Reg. Robin.

son. Sur. Dec. 19
DODMAN, THOMAS MOORE, builder, St. Helen's. Pet. Dec. 4.

Reg. Watson, Sur. Dec. 19
DRISCOLL, Jonx, and TOUROX, ELIZA, potato merchants,

Cardiff. Pe. Deo. 2. Reg. Langley. Sur. Dec. 20
FIELDING, JOHN COCKING, cotton manufacturer, Blackburn.

Pet. Dec. 4. Reg. Bolton. Sur. Dec. 20
FIELDEX, THOMAS, commercial traveller, Blackburn.

Dec. 4. Reg. Bolton. Sur, Dec. 20
GILLIES, ELIZABETH, physician, Halifax. Pet. Deo. 4.

Rankin Sur. Dec. 22
PRICE, RICHARD PURSELL, wine merchant, Shrewsbury. Pet.

Dec. Reg. Peele. Sur. Dec. 22
WILLIAMS, WILLIAM, contractor, Swansea. Pet. Nov. 28. Reg.

Norris. Sur. Dec. 19
9000, GEORGE EDWARD POWY8, Parkhurst. Pet. Dec. 2. Reg.
Blake. Sar. Dec. 20

Gazette, Dec. 12.

To surrender in the Country.
CANEROS, HUGH THOMAS, gentleman, Basnett-grove, Wands.

worth Pe!. Dec. 5. Reg. Willoughby. Sur. Jan. 2
Kirg, GEOBGE LEY, attorney, Bristol. Pet. Deo. 8. Reg.

Harley. Sur. Dec. 29
WESETT, JAVES, jun., oyster merchant, West Mersea. Pet.

Dec. i. Reg. Barnes. Sur. Dec. 27
PEABIY, ARTRUR THOMAS, grocer, Hailsham. Dep-Reg. Blaker.
Sar. Dec, 22


Gazette, Dec. 5.
COGHLAS, CHARLES HAY, cigar importer, Fenchurch-st, and
Southwark-st, Borough. Jan. 31, 1871

Gazette, Dec. 8.
CHADWICK, JOHX, and TURNER, GEORGE, cotton manufacturers

Heywood. Oct. 23, 1871

HAWARD, WILLIAM, plumber, Larfield; Dec. 72, at two, at office

of Sol., Pollard, Ipswich
HOLLAND, WILLIAM MAJOR, out of business, Park-rd, Dalston;

Dec. 18, at one, at office of Sol., Dobie,
INGHAM, JOHX, dry alter, Manchester, and Gorton: Dec. 20, at

three, at office of Sols., Gardner and Horner, Manchester
INGLE, WILLIAM, jun., wine merchant, Warnford.ct, Throgmor.
ton-st, and Gower-st, Bedford-sq; Jan. 2, at twelve, at office of

Sols., Messrs. Harrison, Walbrook
JOHNSTON, THOMAS, cooper, Hull; Dec. 20, at four, at the Kings.

ton hotel, Scale-la, Hull
JORDAN, MARGARET, shipping butcher, Liverpool; Dec. 22, at

three, at office of Sol., Yates, Liverpool
KEEN, GEORGE FRANKS, grocer, Bognor: Dec, 22, at twn, at office

of Izard and Bette, accountants, Eastcheap. Sols., Carter and

KEEXAS, BARNARD, clothier, Stockton-on-Tees ; Dec. 19, at

twelve, at the Royal hotel, Manchester. Sols., Dodds and Trotter,

Stockton-on Tees
KENNELI, STEPHEX. cab driver, Lewisham-ter, Forest-hill; Dec.

18, at one, at office of Sols., Bart n and Drew, Fore-st, Finsbury
LARGE, Johx, carpenter, Yardley: Dec. 14, at eleven, at office of

Sol., Harrison, Birmingham
LEE, JOHN WILSON, commission agent, Manchester; Jan. 1, at

office of Sol., Leigh, Manchester
LOWRY, GEORGE, and LOWRY, ROBERT JAMES, flax spinners,

Bolton; Dec. 20, at eleven, at offices of Affleck and Roderick,
accountants, Cross-st, Manchester. Sols., Richardson and

MCGIRR. ROBERT, draper, Newland, in Northampton : Dec. 29,

at eleven, at office of Sols., Messrs. Jeffery, Northampton
MCLEOD, ALEXANDER, travelling draper, Ispwich; Dec. 29, at

twelve, at office of Sol., Pollard, Ipswich
MCMAHON, MICHAEL, commission agen', Lirerpool; Dec. 22, at

three, office of 1. Carmichael, accountant, Cambridge-chmbs,
MARSH, WILLIAM, farmer, Sparshold; Dec. 22, at two, at office

of Sol, Waters, Winchester
MASON, THOMAS CHAPELL, butcher, Wednesbury ; Dec. 20, at

eleven, at office of Sol., Sheldon, Wednesbury
NICHOLSON, JOHN WILLIAM, printer, Salem, near Oldham: Dec.

2), at three, at office of Sol., Sampson, Manchester
NUSX, JOHX, publican, Brivhton; Dec. 20, at twelve, at 34, Old

Jewry. Sols, Black, Freeman, and Gell, Brighton
OVINGTON, JOSHUA, paper manufacturer, Langcliffe ; Dec. 20, at

half past ten, at office of Sols., Wood and Killick, Bradford
OXLEY, ROBERT, wine merchant, Bristol: Dec. 18, at twelve, at

oftice of Alexander and Daniel, accountants, Broad-st, Bristol.
Sols., Press and Inskip. Bristol
PARKIN, JOSEPH, merchant, Sheffield : Dec. 22, at four, at office

of Sols., Broomhead, Wightman, and Moore, Shefeld
PILBOROUGH, GEORGE, toy dealer, Kingston-on. Thames : Dec.

21, at three, at office of sol., Buckland, Kingston upon Thames
PORTEUS, GEORGE, grocer, Leeds; Dec. 20, at two, at office of

Sol., Hardwick, Leeds
RAYNIE, WILLIAM, engineer, Portsea; Dec. 19, at eleven, at

offices of J. Wainscot, Union-st, Portsea. Sol., Pearce, Portsea
READ, Joux CROW, artist, Exeter; Dec. 30, at ten, at office of

T. Andrew, Bedford-circus, Exeter. Sol., Huggins, Exeter
ROODHOUSE, ANTHOXY, and HARTLEY, AIB, common brewers,

Barnsley: Dec. 21, at eleven, at office of Sol., Dibb. Barnsley
SAMUELS, LEWIS, commission agent, Yatton Keynell; Dec, 22, at

three, at office of Sols., Messrs. Pocock, Bristol
SELLAR, ROBERT, ale merchant, Manchester, Jan. 3, at two, at

Office of Sols., Cobbett, Wheeler, and Cobbett, Manchester
SHARPE, JOHN CARR, gunpowder manufacturer, Lombard et and

Ewell ; Dec, 16, at twelve, at the Guildhall hotel, Gresham-st.

Sol., Chandler, Bucklersbury
SINGLEHURST, CHARLES ROBERT, broker, Liverpool; Dec. 20, at

two, at office of Sol., Goodman. Liverpool
STEEPER, GEORGE, grocer, Upper Whitecross-st, St. Luke's; Dec.

21, at two, at office of Izard And Betts, accountanta, Eastcheap.

Sols., Reed and Lovell, mbs, Basinghall-st
TOZER, ELIAS, printer, Exeter; Dec.21, at eleven, at office o J. O.

Harris, Wreford, and Co., accountants, Gandy-st-chmbs, Exeter

Snl., Treherne. jun., Ereter
TUCKER, JOSEPH, jet dealer, Whitby: Dec. 27, at two, at office

of Sols., Gray and Pannett. Whitby
TURNER, JOH®, joiner, Hanley: Dec. 18, at eleven, at the County
Court Office, Cheapside, Hanley. Sols, E. and M. Tennant,

VALENTINE, NOan, timber merchant, Manchester; Dec. 21, at

eleven, at offices of Sol., Ritson, Manchester
VINCENT, HENRY, wheelwright, Wolverhampton; Dec. 20, at

eleven, at office of Sol., Marsden, Wolverhampton
WALKER, BENJAMIN, and WALKER, ALICE, wheelwrights, Tonge,

near Middleton: Dec. 22, at two, at office of Sols., Cobbett,

Wheeler, and Cobbett, Manchester
WALKER, THOMAS, dealer in fruit, Lincoln ; Deo. 33, at eleven, at

office of Sol., Rex, Lincoln
WALKER, WILLIAM, Iron manufacturer, Openshaw, near Man.

chester; Dec. 21, at three, at office of Sols., Sale, Shipman, and

Seddon, Manchester
WATSON, JANE ELIZABETH, Ironmonger. Halifax: Dec. 18, at

hall-past three, at office of Sols., Hill and Smith, Halifax
WOLSTEXHOLME, JAMES, joiner, Blackcurn; Dec. 21, at eleven,

at office of P. F. Turner, accountant, King-st, Blackburn. Sol.,
Swift, Blackburn

Gazette, Dec. 12.
ALLEN, BENJAMIN, blacksmith, Hanley; Dec. 21, at eleven, at

office of Sol., Welch, Longton
AUSTIN, ALBERT, boot maker, Wells-st, Camberwell: Dec. 20, at

eleven, at office of Sol., Haigh, jun., Kingost, Cheapuide
BISHOP, CHARLES, undertaker, Powis-st, Woolwich; Dec. 91, at
eleven, at the Masons'-hall, Woolwich. Sol., Elworthy, Wool.

BOND, CHARLES ROBERT, coal merchant, Eastbourne; Dec. 23, at

eleven, at 44, Terminus-rd, Eastbourne. Sol., Whentcroft

Campsall; Dec. 21, at twelve, at office of Shirley and Atkinson,
Saint George's gate, Doncaster. Sols., Burdekin, Smith, and

CHATTERTON, JOHN, out of business Manchester ; Dec. 28, at

hall-past three, at office of Sols., Sale, Shipman, and Seddon,

CRESSWELL, HENRY WILLIAM, fron merchant, Old

Oxford-st; Dec. 22, at tro, at office of Sol., Miller, Gracechurch-
CROTCH, STEPHEN. journeyman carpenter, Sheerness ; Jan. 4, at

three, at office of Sol, Copland, Sheerness
DAVIES, RICHARD, innkeeper, Cardiff; Dec. 23, at eleven, at the

Glendower inn, Cardiff
DAVIS, GEORGE WALTER, commonly known as Walter Laburnum,

beerhouse keeper, Norfolk.rd, Dalston; Dec. 22, at three, at

office of Sol., Layton, jun.,
DAY, WILLIAM, lacemaker, Nottingham; Dec. 27, at twelve, at

office of Sol., Acton, Nottingham
DERBYSHIRE, Joux, ironmonger, Longton; Dec. 22, at eleven, at

the Union hotel, Longton. Sol., Hawley, Longton
DURRAYT, WILLIAM, butcher, Luton; Dec. 19, at twelve, at the

Plait Hall hotel, Cheapside, Luton
DUTTOS, SAMUEL RICHARD, grocer. Westbury; Dec. 26, at half

past twelve, at the Bear hotel, Melksham. Sols., Dunn and

ELWELL, JOSEPH BODEX, general agent, Bartholomew-rd, Kent.

HOST, ELIZABETH, and HUXT, AGNES, hosiere, Leicester; Dec.

28, at twelve, at office of Sols., Fowler and Smith, Leicester INGRAM, JAMES HUGHES, railway station master, Chatham ; Dec. 22, at eleven, at the Chamber of Commerce, Che upside. Sol.,

Harcourt, Moorgate-st
KIDDELL, GEORGE ELIJAH, waiter, Mercer-st, Long-acre; Dec.

19, at two, at 18, Hart-st, Bloomsbury. Sol., Reid
KNIGHT, GEORGE, painter, Brighton; Dec. 27, at one, at office of

Sol., Gutteridge, Brighton
LEE, JOHN WILSOX, commission agent, Manchester; Dec. 21, at

three, at office of Sol., Leigh, Manchester

Dec. 27, at twelve, at 18, Vineyards, Bith. Sol,. Dver, Bith
NEWBOX, WALTER, joiner, Longton; Dec. 28, tt two, at office of

Sol., Welch, Longton
NORTox, WILLIAM, coffee house keeper, Erskine-rd, Regent's.

pk-rd : Dec. 22, at three, at office of Sol., Parkes, Beaufort

hldge, Strand NUNN, STURLEY, solicitor, Ixworth ; Dec. 23, at two, at the Angel

hotel, Bury St. Edmunds. Sol., Walpole PARKER, JOHN ROBERT, innkeeper, Bridgnorth: Dec. 92, at

eleven, at the Crown hotel, Bridgnorth, Sol., Backhouse, Bridg

north Philcox, SAMUEL, saddler, Hastings; Dro. 22, at half past

twelve, at the Imperial Club, Cursitor-st, Chancery-la, Londor.

Sol., Philbrick
PICKARD, THOMAS HULSE, grocer, Longton; Dec. 21, at two, at

office of Sol., Welch, Longton
PLIMER, HENRY, beer retailer, Grove-vale, East Dulwich; Dec.
20, at three, at the Cherry Tree, Grove-vale, East Dulwich sol.,

Longcroft, Lincoln's Inn fields
PRINGLE, MATILDA, dressinaker, Durham; Dec. 27, at two, at

office of Sol, Bond, Newcastle upon Tyne
RABERRY, JACOB, wine merchant, Harogate; Dec 28, at twelve,

at office of Sol., Bateson, Harrogate
RICHARDSON, WILLIAM, out of business, Oxford ; Dec. 26, at three
at the White Hart hotel, Moreton-in-the-Marsh. Sols., Messrs.

Kilby, Chipping Norton
ROSE, PEARL, farmer, Boxted; Dec, 21, at twelve, at the Cross

Keys.inn, St. John-st, Smithfield. Sol., Goody, Colchester
SHIPWAY, CHARLES, draper, Margate, Dec. 27, at three, at offices

of the London Warehousemnen's Association, Gutter-la. Sol.,

Morris, Grocers' Hall-ct, Poulty
SMITH, JOSEPH, contractor, Tipton; Dec. 22, at eleven, at office of

Sol., Travis, Tipton
STURGIS, JAMES, stonemason, Northampton; Dec. 22, at half-past

three, at office of Sol., Becke, Northampton
TEMBLETT, BENJAMIN, publican, Cardiff ; Dec. 23, at eleven, at

office of Bidgood, accountant, Cardiff
TINKHAM, JOHX, contractor, Smethwick; Dec. 27. at eleven, at

office of Sol., Shakespeare, Oldbury
WARD, ALFRED, drygalter, Manchester, and Rusholme ; Dec. 20,

at three, at office of Whitt, accountant, Manchester. Sol.,
Sampson, Manchester
WARRALL, ELISHA, cordwainer, Salford ; Jan 3, at four, at the

Waggon and Horses hotel, Manchester. Sol., Ward, Manchester WHITEHEAD, HENRY, out of business, Shefield ; Dec. 22, at

twelve, at office of Sol., Auty, Shettleld
WILKINS, JAMES, licensed victualler, Brighton; Dec. 23, at three,

at office of Sol., Lamb, Brighton
WILLIAMS, DAVID MORRIS, contractor, Carmarthen, Dec. 23, at

five minutes past ten, at office of Sol., Lloyd, Haverfordwest
WISE, EDWARD, dairyman, East, Belgrave s9 : Dec, 20,
at two, at office of Dubois, Gresham-bldgs, Basinghall-st. Sol.,

Maynard, Clifford's-inn WREYN, CHARLES, builder, Rosemary.cottage, Chiswick-la, Chis. wick West; Dec. 20, at two, at office of Holloway, Ball,s Pondrd, Islington. Sol., Pope, Fenchurch-st

Orders of Discharge.

Gazette, Dec. 8.
BOINTOX, FRANCIS BOWER, hosier, South Stockton
JENNINGS, HENRY JAMES, denler in miscellaneous goods, Pres.

ton-ter, Bethnal-green, and Old-st, St. Luke's
MORRISON, WILLIAM, shipowner, Northumberland - ter, Re-


The Official Assignees, &c., are given, to whom apply for the

Appleby, F. Innkeeper, 18. 81. At offices of Solg. Mordy, Turnbull,
and Graham. Scarborough.-Borkes, J. shipowner, Arst and final,
24. At offices of Trust. Rawlings, 59,, Sunderland. -
Brompton, S. T. stationer, second, 41. At offices of Nicholls and
Leatherdale, accountants, 14, Old Jewry-chmbs.-Cobb, R. L.
butcher, first and Anal, 108, 2. At Sol., Coaks, Norwich.--Cunning.
ham, J. G. timber merchant, final, 24, 61. At Backhouse and Co's.
Bank, Sunderland.-Murirs, J. general merchant, &c., first, 4s. At
offices of Trust. T. Thomas, Rhosmaen-st, Llandilo.-Grundy, J.
baker, first, 18. At offices of Trust. H. Carmichael, 1, Cambridge.
chmbs, 77A,, Liverpool.-Onions, C. H. ironmaster. 9. At
office of Sol.. Stokes, Dudley.- Robins, C, E, shoe manufacturer,
20. At Trust. J. Parsons, Athenaeum.chmbs, Bristol.-Turnarono
and Traris, woollen merchants, second, 3r. H. At offices of Trust.
E. Woodcock, 1, Old Market-chmbg, Rochdale.- White, J. leather
seller, first, 4.. At offices of Trust. B. Nicholson, 7, Gresham-st.

Barlow, G. Iron merchant, first, 2. 9. Kinnear, Birmingham. - Bates, J. brick dealer, first, 53el. Kinnear, and Peake, porcelain manufacturers, first, 811. Kinnear, Birmingham.-- Johnson, W. tailor, first, 28. 2. Kinnear, Birmingham. Leicis, I. A. ironmaster, secina, 01. 22-32nd. Kinnear, Birmingham. - Morley, E. baptist minister, first, M. Kinnear, Birming. ham.-Young and Cameron, factors, first, 3s. 6 d. Kinnear, Birmingham.

Bemuclerk, C. glass dealer, first and fral, 4s. 10-1, At the Royal Insurance-bldgs, Park-row, Leeds. - Buck, J. grocer, first and final, 78. el. At Trust. J. Routh, Royal Insurance.bldgs, Park. rnw. Leeds.--Henderson, T. silk merchant, first and final 31. At offices of Read and Dangerfield, accountants, 3, Milk-st, Cheap. side.-Hutchinson, A, stationer, Manchester, first and final, 2. 01. At offices of Miller and Dawson, accountanta,, Manchester.-Malthers, J. late farmer, Elsing, first and final, ls. 11. At office of Winter and Francis, St. Giles's st, Norwich.-Myers and Morrison, cap manufacturers, first and final, 8. 3. (15s. 41. on sep. estate of Myers; 169, 7d, on sep. estate of Morrison ; and 20. on rep. estate of Edmond.) At Trust. J. Routh, Royal Insurance. bldg. Park-row, Leedy.-- Pickering. C. butcher, first and final, 45.33. At Sols. Arrowsmith and Richardson, Castlegate, Thirsk. -Price, D. G. builder, Cardiff, first and final, tit. Ai Trust. F. C. Hill, 80, Saint Mary-st, Cardiff.--Procter, W. cabinet maker, first. and Anal, 3x. 101. At Trust. J. Ronth, Royal Insurance-bldgs. Park-row, Leeds.-Roper, F. commission agent, first and final, 48, 70. At the Royal Insurance-bldgs, Park row, Leeds.-Shann. J. cloth merchant, first and final, 3s. At the Royal Insurance. bidge, Park-row, Leeds.- Wilson, w. currier, first and final, 28. 641. At Sols., Arrowsmith and Richardson, Castlegate, Thirsk.-Wolsey, H. B. dealer, Norwich and Cringleford, first and final, 20s. At offices of Sols., W. H. Tillett and Co., St. Andräw'sst, Norwich,

Liquidations by Arrangement.


Gazette, Dec. 1.
ALLEY, WILLIAM, dealer, Luton; Dec, 20, at eleven, at office of

Sol, Saargill, Luton
BAYNES, WILLIAM RICHARD, hatter,"Southampton, and Bourne.

moth: Dec. 20, at two, at office of Nichols and Leatherdale,

Old Jewry.chmbs. Sol., Swayne, Southampton
BEYOX, HENRY, baker, Blackburn-ter, Blue Anchor-rd, Ber.

mondsey; Dec. 16, ut one, at office of Sol., Hioks, Coleman-st,
BOLTOX, GEORGE FROST, grocer, Newcastle-upon-Tyne; Dec. 18,
at twelve, at office of Sol., Hoyle, Shipley and Hoyle, Newcastle

upon Tyne BOOTH, JOHS, farmer, Skellingthorpe: Dec. 19, at eleven, at office

of Sols., Toynbee and Larken, Lincoln CARTER, GEORSE, grocer, Birmingham ; Dec. 20, at three, at the

Acort hotel, Birmingham, Sol., Powell, Birmingham CHARLES, WILLIAM TAYLOR, and CHARLES, JOHN ANDREW,

eteel roller merchants, Sheffield, and Ale manufacturers, M11-
sands, under firm of Wing and Co.; Dec, 20, at two, at the Old
Council, hall (also called the Assembly rooms, Sheffield. Sols.,

Bronhead, Wightman, and Moore, Sheffield
COLLISS, ALBERT, builder, Overstone-rd, Hammersmith; Dec. 19

at twelve, at office of Sol., Payne, King's-rd, Bedford-row
COOK, REL'BES, grocer, Blaenavon; Dec. 21, half-past eleven,

at office of Sol, Dixon, Pontymister, near Newport CRABTREE, JOSEPH, cabinet maker, Dewsbury; Dec. 20, at three,

at office of Sol., Shaw, Dewsbury
DABIYLL, GEORGE EBENEZER,_boot maker, High Wycombe;

Dec. 22, at three, at 90, East-st, High Wycombe
DCFFIL MILES, upholsterer, Stonegate; Dec. 27, at three, at

Office of Sol., Watson, York
BAST, THOMAS, corn merchant, Lincoln: Dec. 13, at eleven, at

oslice of Sol, Rex., Saltergate
EATOX, SAXCEL, shoe manufacturer, Kettering; Dec. 23, at

eleren, at office of Sol., Marshall, Kettering ELLAN, Johx, iron manufacturer, Openshaw, near Manchester :

Dec. 29. at three, at office of sols., Sale, Shipman, and Seddou,


WILLIAX, mast maker, Millwall; Dec. 20, at one, at the Corn


ish-town; Dec. 21, at one, at office of Sol., Biddles, Southamp.
EVANS, DAVID, innkeeper, Builth: Dec. 27, at two, at the County

Court Office, Builth. 'Sol., Llewellin, Builth
EYRE, FRANCIS MAWE, licensed victualler, Gloucester-rd,

Regent'; Jan 5, at two, at office of Sols., Wild Barber, and

Browne, Ironmonger-la, Cheapside
FARMER, THOMAS, coal dealer, Buckingham Palace-rd, Pimlico;

Dec. 19, at eleven, at 9, Serle-st, Lincoln's inn-fields. Sol.,

GERRIE, GEORGE, draper, Birmingham; Jan. 3, at two, at the

Great Western hotel, Monmouth-st, Birmingham. Sol., Row.

lands, Birmingham
GLAHOLM, JOHN, cartman, Newcastle upon Tyne ; Dec. 23, at

twelve, at office of Sol., Bush, Newcastle upon Tyne
GOOCH, ROBERT STEPHEN, contractor, John's-ter, Finsbury.rd,

Wood-green: Dec, 22, at two, at office of Brown, Westminster.

chmbs, Victoria-st, Westminster. Sol., Maynard, Clifforri'e.inn
HAMPTON, WILLIAM, glass denler, Bramley-rd, Notting-hill;
Dec. 23, at twelve, at office of Sillifant, Gresham-bidys, Guild
hall. Sols., Herbert, Lloyd, and Lane, Gresham-bldgs, Guild.

HOPKINS, THOMAS JOHN, coach plater, Cranmer-rd, Brixton-rd,
and Wardour-st; Dec. 29, at two, at 55, Berners-st, Oxford-st.

Son, Oldrive
HORTON, VYNE, greengmcer, Hanley; Dec. 18, at eleven, office

of Sol., Sutton, Buralem

Exchange tavern, Mark-la. Sol., Fry, Mark-la
FOI, CHARLES WILLIAM Young, heraldic engraver, Sparbrook,

Lear Birmingham; Dec. 15, at ten, at office of Sol., East, Bir:
FOX, JASE Axx, schoolmistress, Sunnyside-college, Lewisham.

pk; Dec. 20, at two, at office of Sol., Crow, North-rd, New.

FOSTER, JOSEPH OLIVER, beerhousekeeper, Liverpool; Dec. 22,

at three, at office of Gibson and Bolland, accountants, Liver
pool. SOL., Williams, Liverpool
PRASKLIX, GEORGE HENRY, baker, Bristol ; Dec. 19, at two, at

office of sol., Beckingham, Bristol GEORSE, DANIEL, chemist, Merthyr Tydfil; Dec. 20, ot twelve, at

obce of Sols., Moryan and White, Merthyr Tydfil GOODRICH, THOMAS WHITE, no occupation, Worthing: Jan, 4, at

three, at office of Sols., Lawrence, Plews, Boyer, and Baker, Old Jewry-chrbs GRAY, WILLIAM, greengrocer, Tottenham-court-rd; Dec. 18, at

so, at office of Sols., Williams,, Bedford.sq
GREY, HENRY, builder, Flask walk, Hampstead ; Det. 27, at four,
at Mullens' hotel, Ironmonger-la, Cheapside. Sol., Downing,

Basinghall st
HAMILTON, JANES ALLAX, malt dealer, Rochdale ; Dec. 21, at

thrce, at office of Sol., Holland, Rochdale
HARDWICK, Johx, house decorator, Eaton-ter, Grove-st-rd,

Sath Hackney ; Dec, 2, at one, at office of Sols., Fox and
Busineon, Gresham-bou-e, Old Brond st
HABS, REAYES JAME HENRY, stock broker, Timperley ; Dec. 21,

at t*o, at office of Sol., Evans, Manchester.

SUFFIELD-BRAMLEY.-On the 7th inst., at the Upper Chapel,

Sheffield, by the Rev. J. Lettis Short, the Rev. Robert Rodolph
Suffield, minister of the Unitarian Church, Croydon, to Made.
line, elder daughter of the late Edward Bramley, Exq., solicitor,

Sheffield. KIRBY-PAGET.-On the 11th inst., at the Great Meeting, Leices. ter, Francis J. F. Kirby, solicitor. to Annie Caroline, fourth

daughter, of Alfred Paget, Esq., solicitor. WALKER-FORNTER.- On the 12th inst., at St. Martin's, East

Woodhay, Hants, James Douglas Walker, of Blaiiton, Aberdeen-
shire, Esq., and of Lincoln's inn, Larrister-at-law, to Susan M.
youngest daughter of John Forster, of Malverley, Hanta, Esq.

HEATON.-On the 7th inst., aged 80, C. 1. Heaton, Esq., barrister.

at-law, of the Middle Temple, and, W. HUMFRYS.-On the 7th inst., at cufton, aged 74, William Humfrys,

of Hereford, solicitor.
POWELL.-On the 27th ult., oged 73. James Powell, Esq., many

years Town Clerk of Chichester,
TEPPER.--Ou the 10th inst, at Notting hill-square, aged 54, Jaber

Tepper, Esq., solicitor, of 13, Bediord-row, and Th Dicker,


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PARTRIDGE AND COOPER Tangled cars Register his Take of Fish throughout the


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some action should be taken in London. He says: “It is believed
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JOSEPH ROWLAND9.-It is difficult to say at once what cases will be reported. A

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The United Law Clerks' Society was founded in 1832, and by its rules there is a provision for arbitration in the event of a dispute. It is much to the credit of the society that for twenty years no member has had a complaint to bring before the arbitrators, and the first dispute after this lapse of time was decided on Saturday last on a claim to superannuation. The accumulated funds of the society now amount to 50,0001., and there are 900 members.


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The Bankruptcy Act 1869 allowed the continued existence of local bankruptcy courts to dispose of pending business. We think the LORD CHANCELLOR's attention ought to be drawn to the way this business is sustained at great cost. The Birmingham Bankruptcy Court is not yet closed, although we are reliably informed that it ought to have been six months ago. There are two registrars attached to the court with a salary of 10001. a year each, also an official assignee, who, however, no longer resides in Birmingham, besides several clerks.


V.C. Malins' Court

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135 V.C. Wickens' Court

135 Court of Probate

Court for Divorce and Matrimonial Causes 136
Court of Bankruptcy.

Private Bills for Session 1871.72

Reports of Sales

Notes of New Decisions

Security for Costs by Plaintiffs without
the Jurisdiction

The Stamp Act.........

138 The Custody of Children

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Notes of New Decisions

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Highway Aet 1964 (27 & 28 Vict, c. 101) 8.31 --Conviction for encroaching upon highway


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win. 4, c. 55), #. 1- Expenses necessary to command rent


Status of irremovability of a pauper...... 590

De and Beerhouse Act Amendment
Ast 1670 (32 & 4 Vict. c. 29), 8. 15-
Beizare and sale of liquors in sus-
Dat houses

6$: Wil. 4, c. 37, s. 8--Conviction for
dog an adulterating ingredient in

.... 593
Vetropolitan Building Act 1855 (18 & 19
Vict. c. 12, 8.51

Expenses of works executed by a local

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Matrimonial suit

Costs-Consent to a motion


Collision-Objection to registrar's report..




Notes of New Decisions

Notes of New Decisions

Lien for Demurrage

Welsh Speaking Judges

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Notes of New Decisions

Liverpool County Court


Examinations at the Incorporated Law


Articled Clerks' Society

Exeter Law Students' Society

145 Liverpool Law Students' Society

145 Norwich Law Students' Society


The Humours of Injunction.

Legal Waste


Court of Chancery, 1871

Sittings in and after Hilary Tenn 1871 147


Mr. WILKIE COLLINS, in his new Christmas story “Mrs. or Miss,”
makes his plot turn pretty much on the pledging by a merchant
in an hour of necessity of one copy of a bill of lading, whilst
obtaining the delivery of the goods under the other. In a note he
observes that an eminent firm in the City actually did advance a
large sum of money upon such security, without making any
inquiry. It is usual for a copy of the bill of lading to be retained
by the consignor, who sends one or two copies to the consignee.
If by a fraud a copy gets into strange hands, or is fraudulently
applied, it is hardly such gross want of business care on the part
of a lender, as Mr. Collins imagines, if he do not make inquiry, for
the presumption is that the goods will be delivered by the captain
to the bonâ fide holder of a bill of lading, and one copy is as good
as another. The case of Meyerstein v. Barber, recently before the
House of Lords, illustrates the evils almost inseparable from the
practice of drawing bills of lading in sets. There is hardly any
practice adopted for mercantile convenience which may not be
abused by the fraudulent.
In another column will be found a decision given by Mr. OSBORNE,
the County Court Judge of Salford, which, we believe, will be
approved of by the great majority of attorneys in the country, no
less than by the Bar. In point of law, it is clearly unimpeachable;
and we bave been given to understand, what is indeed pretty
obvious, that the great mass of the Profession following the legiti-
mate practice of attorneys and solicitors do not find their interests
served by certain members of their body who habitually act as
advocates in causes in which they are not generally retained.
There is a further consideration which is worthy of attention. If
attorneys are found to adopt to any great extent the business of
advocates, barristers will probably be compelled in self-defence to
infringe upon the business of the other branch of the Profession,
by communicating directly with clients, and taking upon them
other duties at variance with the etiquette which holds at present,
but which, it should not be forgotten, rests upon nothing more
than a tacit agreement between the two branches of the Profession
that each should confine itself to what are considered its appro-
priate duties.
ANOTHER appeal is to be made to the HOME SECRETARY for a
remission of a sentence of capital punishment. The grounds upon
which such appeals are based should be narrowly scrutinised, for
the simple reason that they are frequently set on foot by those
who oppose capital punishment altogether, and desire that it may
be abolished. So long as death is the punishment of murder it
should be inflicted, unless it can be shown that the jury found a
verdict which in a civil cause would be upset and a new trial
granted. Having found a prisoner guilty of killing with malice
aforethought, it is idle for a jury afterwards to say that they do not
believe that he meant to commit murder. The law, rightly or
wrongly, presumes that every man who is in his right mind intends
the natural consequences of his acts, and if a jury says that a man
did that which resulted in the legal offence of murder the process
is complete, and he stands condemned to forfeit his life. We do
not desire to prejudice the chance of a mitigation of the extreme
penalty which Mr. TAYLOR seeks for two poachers recently
convicted, but if mercy is extended let it be plainly understood that
it is mercy and not legal stultification which revokes the verdict.

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....... 147

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The Law and the Lawpers.

We would ask those of our readers who are in positions of influence in the Profession, to do something to concentrate the energies of English lawyers which are ready to be devoted to replacing the lost libraries of Chicago. Mr. AsHWORTH, of Manchester, informs us that a very strong desire exists in that city that

VOL. LII.-No. 1499.

MR. JUSTICE WILLES has directed attention to the baneful effect of that legislative enactment which provides that the fact of a prisoner who is on his trial having been previously convicted shall be with. held from the jury. No one who has seen the practical operation of this law can fail to agree with the learned Judge in condemning it absolutely. We saw a striking illustration of it in an assize court only last year. Two men were separately indicted for passing

counterfeit coin. The real criminal was tried first, and acquitted. It then appeared that he had been previously convicted of a similar offence. His dupe was then placed in the dock, and, of course, also acquitted, it being perfectly plain that he had been the tool of the convict who had just escaped. We pass Acts providing for police supervision of criminals, but a jury called upon to try those who are such for second or third offences are to treat them as innocent persons. It would, of course, be hard that every convicted person should have so strong a prejudice raised against him in the minds of a jury as this knowledge would create, because, undoubtedly, people are sometimes wrongly convicted. But with a court of criminal appeal in matters of fact, we might hope to get rid of the law which now enables convicted criminals to have all the indul. gences and loose presumptions at present available. There is something to be said on both sides of the question, but the argu ment of expediency is on the side of the public, and against the convicted criminals.

THERE are some reformers who imagine that our law can be made reasonable by a fusion of law and equity; others believe in an extension of County Court jurisdiction. But it is perfectly plain that by a long course of practice our rules of procedure have become a source of vexation and increased litigation which no tinkering of jurisdiction will cure. The prospect of the TICHBORNE case being tried over again is so portentous that the means by which and the grounds upon which such a catastrophe is made possible present themselves conspicuously to the public eye. Lord Chief Justice Bovill has drawn the attention of the ATTORNEYGENERAL to the fact that the improper rejection or admission of a little and uuimportant evidence may furnish occasion for a new trial. The practice as to new trials on questions of evidence is laid down in the widest terms. Chitty's ARCHBOLD states it thus: If a Judge at the trial admit improper evidence, or reject evidence which ought to be admitted, by which means the result of the trial might have been different, the court will in general grant a new trial. A court would have very considerable difficulty in a case involving so nice a question as that of identity in saying that the verdict might not have been affected by the exclusion of evidence which was admitted. A new trial has been, and doubtless will generally be, refused where there clearly appeared to be sufficient evidence to support the verdict, independent of the evidence improperly admitted. The only possible legislation on the subject, as it appears to us, would be an enactment providing that a new trial shall not be granted upon the ground that evidence was improperly admitted. There certainly ought to be a new trial where evidence is improperly excluded. The ATTORNEYGENERAL, however, does not hold out the prospect of any legislative action whatever dealing with what may be called the surface defects of our law.

In such cases it was made lawful for the court to award damages to the party injured; and by sect. 3, "to cause the amount of such damages in any case to be assessed, or any question of fact arising in any suit or proceeding to be tried, by a special or common jury before the court itself.”

Four years subsequently Parliament again patched up the procedure of the English courts by an Act which is not styled an amend. ing Act-of which there were already two on the statute-book-but a regulating Act: the Chancery Regulation Act 1862 (25 & 26 Vict. c. 42.). After reciting that the High Court of Chancery has power in certain cases to refuse to postpone the application of remedies within its jurisdiction until questions of law and fact on which the title to such remedies depends have been determined or ascertained in a court of common law, and that it is expedient that such power should no longer exist, but that in all such cases every question of law and of fact cognizable in a court of common law arising in the Court of Chancery, on which the right of any party to any equitable relief depends, and whether the title to such relief or remedy be or be not incident to or dependent upon a legal right should be determined by or before the court itself, it is enacted that every question of law or fact cognisable in a court of common law on the determination of which the title to such relief or remedy depends, shall be determined by or before the Court of Chancery. Then it is provided that the rules as to trial laid down in the Act of 1858 shall apply, and by the 4th section it provided “That in all cases in which the object of any suit in equity shall be to recover or to defend the possession of land under a legal title or under a title which would have been legal but for the existence of some outstanding term, lease, or mortgage (and whether mesne profits or damages shall or shall not also be sought in such suit), such relief only shall be given in equity as would have been proper according to the rules and practice of the court, if this Act had not passed; and nothing in this Act shall make it necessary for a court of equity to grant relief in any suit concerning any matter as to which a court of common law has concurrent jurisdiction, if it shall appear to the court that such matter has been improperly brought into equity, and that the same ought to have been left to the solc determination of a court of common law.

It will now be seen, by even an unprofessional reader, why the TICHBORNE case went to law. Mr. Locock WEBB says that it is a blot upon our Legislature that such should be the position of things. We confess the legislation which we have sketched puzzles us very much. It is a thousand pities that Parliament cannot at once make up, its mind concerning the jurisdiction of the various courts; and, judging from the past, we cannot but be slow to believe that the stride contemplated by Lord HATHERLEY, so as to do away with the half measures of previous Parliaments, will really be taken at last. The existing state of things is ruinous and disgraceful, and if the TICHBORNE case assists at its amelioration it will not have been fought in vain.


JURY TRIALS IN THE COURT OF CHANCERY. IF, as Mr. Locook WEBB told the court which is trying Tichborne v. Lushington, the Court of Chancery would have disposed of it satisfactorily in a month, it is matter for regret that it was not possible so to dispose of it. The study of the process by which the Court of Chancery has gradually obtained power to decide questions of law and to summon a jury is instructive, and shows how tenacious we are of the vicious habit of patching up our legal system.

In an Act“ To amend the Law concerning Games and Wagers”. (8 & 9 Vict. c. 109) we find a section (sect. 19) inserted to the effect that in every case where any court of law or equity may desire to have any question of fact tried by a jury, it shall be lawful for such court to direct a writ of summons to be sued out by such person or persons

such court shall think ought to be plaintiffs and defendants, in the same manner as at the time of the passing of the Act was practised under a feigned issue. Then, by the Act of 1852 (15 & 16 Vict. c. 86) to amend the practice and course of proceeding in the Court of Chancery, that court was prohibited from directing a case to be stated for the opinion of any court of common law (sect. 60), but full power was given to it to determine any questions of law, which in the judgment of the court shall be necessary to be decided previously to the decision of the equitable question at issue; and where, according to the then existing practice of the court such court declines to grant equitable relief until the legal title or right of the party or parties seeking such relief shall have been established in a proceeding at law, the court may itself determine such title or right, without requiring the parties to proceed at law to establish the same: (sect 62.)

Six years afterwards another Act was passed (21 & 22 Vict. c. 27) to amend the course of procedure in the Court of Chancery in England, Ireland, and the County Palatine of Lancaster, which gave a limited right to summon a jury and try certain questions as they would be tried at Nisi Prius. This jurisdiction is limited by the second section to “all cases in which the Court of Chancery has jurisdiction to entertain an application for an injunction against a breach of any covenant, contract, or agreement, or against the commission or continuance of any wrongful act, or for the specific performance of any covenant, contract, or agreement.”


AMERICA. A VERY instructive decision was delivered some time since in the Supreme Court of Pennsylvania, in which English principles, as settled by a series of decisions, were very severely attacked, and, indeed, the decisions condemned. The questions involved in the case are sufficiently shown in the charge of the court at Nisi Prius on points put by counsel. A distress levied is not satisfaction; and until the landlord has received satisfaction, he has a right to distrain any goods found on the demised property;" and " that it does not stand in the way of the landlord in making a second distress; that it was on the plaintiff and not the defendant in the issue joined, to show that the rent was paid, and, of course, the plaintiff was bound to show that the goods first distrained bad been converted into money, and were sufficient to pay the whole rent. If anything whatever were due under this issue, your verdict should be for the defendant."

An intelligent critic in the Philadelphia Legal Intelligencer of Nov. 10, places the whole question in a clear light, and comes to the conclusion that the English decisions are right, and the American Judge (Kennedy) who delivered the judgment reversing the ruling at Nisi Prius, wrong. We extract the criticism, as it deals with statutes alike in both countries :

In examining the decision of the Supreme Court, it must be kept con. stantly in mind, that the pleadings presented but one question, and that this was of the simplest description, i.e., whether the tenant had discharged the whole amount of rent claimed by the landlord.

When the landlord has proceeded by a distraint of the tenant's goods, several inquiries may be mixed up in the contention between the parties. The very existence of the relation of landlord and tenant may be denied, or, admitting that it once existed, it may have come to an end before the distraint took place, &o. The pleadings must be varied accordingly. In each of these supposed conditions of fact, the landlord would have no claim on the tenant for rent. But the law does not allow in pleading argumentative statement and inferential deduction. It requires positive and direct assera tion. In either of the supposed conditions of facts, argumentatively speaking, the landlord would have no claim for rent.

But the authorities are clear and uniform, that, under the plea of no rent in arrear, such defences would be excluded. There is entire consistency on this subject in the English and American decisions.

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