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. WILLIAM REALE. 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 c. 96), should be repealed.”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 LEGAL OBITUARY. 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. W. R. CROMPTON-STANSFIELD, ESQ. 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 W. H. TINNEY, ESQ., Q.C. into operation. The total number of causes tried country solicitor? W. 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 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 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.) C.C. no proof that the decrease was due to the altera- 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 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 LEGAL EXTRACTS. 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. STATISTICS. 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 66 127 THE LAW TIMES. 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 Bankrupts. Gazette, Dec. 8. Dec. 6. Reg. Hazlitt. Sol., Snell, George-st, Mansion-house. Dec. 6. Reg. Spring-Rice. Sols., Harper, Broad, and Co., Dasis, Cork-st, Burlington-gardens. Sur. Jan. 11 nd, St. John's-wood. Pet. Dec. 6. Reg. Spring-Rice. Sols., To surrender in the Country. Fortescue Sur. Dec. 19 Sur. Dec. 23 son. Sur. Dec. 19 Reg. Watson, Sur. Dec. 19 Cardiff. Pe. Deo. 2. Reg. Langley. Sur. Dec. 20 Pet. Dec. 4. Reg. Bolton. Sur. Dec. 20 Pet. Reg. Dec. Reg. Peele. Sur. Dec. 22 Norris. Sur. Dec. 19 Gazette, Dec. 12. To surrender in the Country. worth Pe!. Dec. 5. Reg. Willoughby. Sur. Jan. 2 Harley. Sur. Dec. 29 Dec. i. Reg. Barnes. Sur. Dec. 27 BANKRUPTCIES ANNULLED. Gazette, Dec. 5. Gazette, Dec. 8. Heywood. Oct. 23, 1871 HAWARD, WILLIAM, plumber, Larfield; Dec. 72, at two, at office of Sol., Pollard, Ipswich Dec. 18, at one, at office of Sol., Dobie, Basinghall.st three, at office of Sols., Gardner and Horner, Manchester Sols., Messrs. Harrison, Walbrook ton hotel, Scale-la, Hull three, at office of Sol., Yates, Liverpool of Izard and Bette, accountants, Eastcheap. Sols., Carter and Bell, Leadenhall.st twelve, at the Royal hotel, Manchester. Sols., Dodds and Trotter, Stockton-on Tees 18, at one, at office of Sols., Bart n and Drew, Fore-st, Finsbury Sol., Harrison, Birmingham office of Sol., Leigh, Manchester Bolton; Dec. 20, at eleven, at offices of Affleck and Roderick, Dowling at eleven, at office of Sols., Messrs. Jeffery, Northampton twelve, at office of Sol., Pollard, Ipswich three, office of 1. Carmichael, accountant, Cambridge-chmbs, of Sol, Waters, Winchester eleven, at office of Sol., Sheldon, Wednesbury 2), at three, at office of Sol., Sampson, Manchester Jewry. Sols, Black, Freeman, and Gell, Brighton half past ten, at office of Sols., Wood and Killick, Bradford oftice of Alexander and Daniel, accountants, Broad-st, Bristol. of Sols., Broomhead, Wightman, and Moore, Shefeld 21, at three, at office of sol., Buckland, Kingston upon Thames Sol., Hardwick, Leeds offices of J. Wainscot, Union-st, Portsea. Sol., Pearce, Portsea T. Andrew, Bedford-circus, Exeter. Sol., Huggins, Exeter Barnsley: Dec. 21, at eleven, at office of Sol., Dibb. Barnsley three, at office of Sols., Messrs. Pocock, Bristol Office of Sols., Cobbett, Wheeler, and Cobbett, Manchester Ewell ; Dec, 16, at twelve, at the Guildhall hotel, Gresham-st. Sol., Chandler, Bucklersbury two, at office of Sol., Goodman. Liverpool 21, at two, at office of Izard And Betts, accountanta, Eastcheap. Sols., Reed and Lovell, Guildhall.ch mbs, Basinghall-st Harris, Wreford, and Co., accountants, Gandy-st-chmbs, Exeter Snl., Treherne. jun., Ereter of Sols., Gray and Pannett. Whitby Hanley eleven, at offices of Sol., Ritson, Manchester eleven, at office of Sol., Marsden, Wolverhampton near Middleton: Dec. 22, at two, at office of Sols., Cobbett, Wheeler, and Cobbett, Manchester office of Sol., Rex, Lincoln chester; Dec. 21, at three, at office of Sols., Sale, Shipman, and Seddon, Manchester hall-past three, at office of Sols., Hill and Smith, Halifax at office of P. F. Turner, accountant, King-st, Blackburn. Sol., Gazette, Dec. 12. office of Sol., Welch, Longton eleven, at office of Sol., Haigh, jun., Kingost, Cheapuide wich eleven, at 44, Terminus-rd, Eastbourne. Sol., Whentcroft Campsall; Dec. 21, at twelve, at office of Shirley and Atkinson, Pye-Smith hall-past three, at office of Sols., Sale, Shipman, and Seddon, Manchester Oxford-st; Dec. 22, at tro, at office of Sol., Miller, Gracechurch- three, at office of Sol, Copland, Sheerness Glendower inn, Cardiff beerhouse keeper, Norfolk.rd, Dalston; Dec. 22, at three, at office of Sol., Layton, jun., Gresham.st office of Sol., Acton, Nottingham the Union hotel, Longton. Sol., Hawley, Longton Plait Hall hotel, Cheapside, Luton past twelve, at the Bear hotel, Melksham. Sols., Dunn and Payne 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 19, at two, at 18, Hart-st, Bloomsbury. Sol., Reid Sol., Gutteridge, Brighton three, at office of Sol., Leigh, Manchester Dec. 27, at twelve, at 18, Vineyards, Bith. Sol,. Dver, Bith Sol., Welch, Longton 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 office of Sol., Welch, Longton Longcroft, Lincoln's Inn fields office of Sol, Bond, Newcastle upon Tyne at office of Sol., Bateson, Harrogate Kilby, Chipping Norton Keys.inn, St. John-st, Smithfield. Sol., Goody, Colchester of the London Warehousemnen's Association, Gutter-la. Sol., Morris, Grocers' Hall-ct, Poulty Sol., Travis, Tipton three, at office of Sol., Becke, Northampton office of Bidgood, accountant, Cardiff office of Sol., Shakespeare, Oldbury at three, at office of Whitt, accountant, Manchester. Sol., Waggon and Horses hotel, Manchester. Sol., Ward, Manchester WHITEHEAD, HENRY, out of business, Shefield ; Dec. 22, at twelve, at office of Sol., Auty, Shettleld at office of Sol., Lamb, Brighton five minutes past ten, at office of Sol., Lloyd, Haverfordwest 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. ton-ter, Bethnal-green, and Old-st, St. Luke's Dibidends. BAXKRUPTS' ESTATES. Dividends. Barlow, G. Iron merchant, first, 2. 9. Kinnear, Birmingham. - Bates, J. brick dealer, first, 53el. Kinnear, Birmingham.ax 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, Chancery.pl, 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. FIRST MEETINGS. Gazette, Dec. 1. Sol, Saargill, Luton moth: Dec. 20, at two, at office of Nichols and Leatherdale, Old Jewry.chmbs. Sol., Swayne, Southampton mondsey; Dec. 16, ut one, at office of Sol., Hioks, Coleman-st, 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- Bronhead, Wightman, and Moore, Sheffield at twelve, at office of Sol., Payne, King's-rd, Bedford-row at office of Sol, Dixon, Pontymister, near Newport CRABTREE, JOSEPH, cabinet maker, Dewsbury; Dec. 20, at three, at office of Sol., Shaw, Dewsbury Dec. 22, at three, at 90, East-st, High Wycombe Office of Sol., Watson, York oslice of Sol, Rex., Saltergate 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, Manchester WILLIAX, mast maker, Millwall; Dec. 20, at one, at the Corn BIRTHS, MARRIAGES AND DEATHS. ish-town; Dec. 21, at one, at office of Sol., Biddles, Southamp. Court Office, Builth. 'Sol., Llewellin, Builth Regent's.pk; Jan 5, at two, at office of Sols., Wild Barber, and Browne, Ironmonger-la, Cheapside Dec. 19, at eleven, at 9, Serle-st, Lincoln's inn-fields. Sol., Hope Great Western hotel, Monmouth-st, Birmingham. Sol., Row. lands, Birmingham twelve, at office of Sol., Bush, Newcastle upon Tyne Wood-green: Dec, 22, at two, at office of Brown, Westminster. chmbs, Victoria-st, Westminster. Sol., Maynard, Clifforri'e.inn hall Son, Oldrive of Sol., Sutton, Buralem Exchange tavern, Mark-la. Sol., Fry, Mark-la Lear Birmingham; Dec. 15, at ten, at office of Sol., East, Bir: pk; Dec. 20, at two, at office of Sol., Crow, North-rd, New. CIOUS at three, at office of Gibson and Bolland, accountants, Liver 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, Alfred.pl, Bedford.sq Basinghall st thrce, at office of Sol., Holland, Rochdale Sath Hackney ; Dec, 2, at one, at office of Sols., Fox and at t*o, at office of Sol., Evans, Manchester. MARRIAGES. Sheffield, by the Rev. J. Lettis Short, the Rev. Robert Rodolph 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- DEATHS at-law, of the Middle Temple, and Turnham.green, W. HUMFRYS.-On the 7th inst., at cufton, aged 74, William Humfrys, of Hereford, solicitor. years Town Clerk of Chichester, Tepper, Esq., solicitor, of 13, Bediord-row, and Th Dicker, AT PARTRIDGE AND COOPER Tangled cars Register his Take of Fish throughout the HE ANGLER'S , the LIST OF BOOKS WHOLESALE & RETAIL STATIONERS, Year. An extensive List of Fishing Stations throughout the PUBLISHED BY HORACE COX, FISHING and SHOOTING; being a Collection of Recipes on the Manavement of Dogs in Health and Disease. LARGE CREAM LAID NOTE, 18., 6., and 78. per ream. Vol. I, cf "The Field” Library, Second Edition. Large LARGE BLUE NOTE, 38., 18., and 6s, per ream. post Svo., price 58., cloth. ENVELOPES, CREAN OR BLr'e, 18. 6d., and 68. 6d., per 1000. London: HORACE Cox, 346, Strand, W.C. BAKER'S LAW LAW of SALMON THE "TEMPLE" ENVELOPE, extra secure, 9s. Gd. per 1000. FOOLSCAP OFFICIAL ENVELOPES, 1x. 641. per 1.0. FISHERIES in Great Britain, including the Statutes THE NEW “ VELLUM WOVE CLUB HOUSE” Nora, 98. 6d. per passed in the Session of 1868 relating to England and ream. Original Drawings, Plans, and Sections. By FRANCIS Scotland. Second Edition. Price 6s. 6d. cloth, “We should direct particular attention to their New Club. FRANCIS. In post 4to., price 2s.6d. house Paper: in our opin on it is the very best paper we ever London: HORACE Cox, 346, Strand, W.C. wrote upon."-London Mirror. HE COUNTRY HOUSE; a Collection of RULES and ORDERS of the INDENTE RE SKINS, Priniedand Blachine-ruled, to hold twenty or thirty folios, is. Mil. and is pu per skin, 208. per dozen. COUNTY COURTS 1867; togerher with the Tables country gentleman and his household, and of the greatest Seconds or FOLLOWERS, Ruled 1*. fl. each, 178. per dozen. utility to the housekeeper generally. 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The jurisdiction of the County Courts. * This book contains life-like and pleasing episodes from work is written expressly for the use of Military and Naval our English life, in which the characteristics of girlhood are cleverly sketched. As an amusement for obliged to "rough it Officers, Missionaries, Travellers, and any who may be in Foreign and Savage Countries. spare moments, as well as a book of friendly counsels for The work is magnificently illustrated. Price 458. SHORTT and JONES'S COUNTY girls,' we heartily commend it to all." -The Guardran. “An inexhaustible volume."-Saturday Revier. "Mrs. Sidney Cox's volume is one of excellent counsel. I COURTS ACTS, RULES, AND ORDERS (Common is also an entertaining book."--The Atheneum, London: HORACE Cox, 346, Strand, W.C. Law and Equity) passed and issued between the “ Our girls will find a valuable monitor in 'Spring Time years 1846 and 1867. Price 31s. 6d, cloth. The authoress discourses with admirable sense."--The Queen Some kindly and friendly counsels to girls are given by THE DOGS of the BRITISH ISLANDS : the authoress. The work contains many practical their History and Characteristics. Edited by hints on what may be termed the common-place virtues and “STONEHENGE." Profusely Illustrated. Crown 4to., vices of daily life in girlhood.”—The Obserrer. price 165. The above work may be had in the following | GRAY'S PRACTICE of a “We exhort all English girls to study this book. parts: These maxims and truths should be sown broadcast. DOGS USED WITH THE Grx (price 5s.). COUNTRY ATTORNEY'S OFFICE. Ninth Edition. The anthoress writes with marvellous tact."-Croydon COMPANIONABLE Dogs (price 95. 60.). By W. PATERSON. Price 21s. cloth. Chronicle. HOUNDS AND Toy Dogs price 7s.6d.). London: HORACE Cox, 10. Wellington-street, Strand. London : HORACE Cox, 346, Strand, W.C. MAGISTRATES' STATUTES THE passed during the Session of 1870. Price 7s.6d. cloth ILLUSTRATED PRICE-LI-T of Inkstands, Postage Scales, THE PRING TIME; or, Words in Season. A S THI COX'S REPORTS of CASES relating to JOINT-STOCK COMPANIES. Published quarterly; price 5s. 6d. per Part. REPORTS of MARITIME LAW Elementary Education Act (1870) COX'S REPORTS of CRIMINAL LAW CASES at the Central Criminal Court, and CONTENTS. "Table of Enactments Repealed. Incumbents Resignation Act. Ariny Regulation Act. Table of Principal Subjects Altered. Sequestration Act. SundayObservance Prosecutions Act. Metropolitan Board of Works Intoxicating Liquors Licences SusSession 1871-34 & 35 VICTORIA. (Loans) Act. pension Act. Jories Act (1870) Amendment Act. Promissory Oaths Act. Union of Benefices Acts Amendment Ecclesiastical Titles Act Repeal Act Judicial Committee of Privy Council Act. Amendment Act Amendment Act. Fairs Act. Public Schools Act (1860) Amend. Expiring Laws Continuance Act. Public Parks, Schools, and Museums ment Act. Pedlars Act. Act. 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List of Local and Personal Acts Limited Owners Residence Act 1 Index, RAILWAYS.-All the Statute and Case Law in the new Edition (being the SEVENTH of COX'S LAW and PRACTICE of JOINT STOCK COMPANIES, by CHARLES J. O'MALLEY, Barrister-at-Law. This new edition includes the whole law to this time, with all the decided cases and a practical introducti n by Mr. Serjt. Cox, on the formation and management of Companies. with precedents of Articles of Association, and of all other forms required. Price 218. Law Times OFFICE, 10, Wellington-street, Strand, London CRIMINAL LAW REPORTS. Full The Parts and Volumes may still be had to complete sets. It is the only complete series of Criminal cases pnblished in England. An Appendix contains a valuable collection of Precedents of Indictmenta. London : HORACE Cox, 10, Wellington-street, Strand. . Second Edition, price 28. 6d. Safes made entirely by Machinery, at a Reduction of 25 per cent. 9 ESTBD.-JOHN TANN.-1795. PATENT RELIANCE LEVER LOCKS AND LATCHES. STANDS FOR DEE BOXES MADE TO ANY SIZE. some action should be taken in London. He says: “It is believed JOSEPH ROWLAND9.-It is difficult to say at once what cases will be reported. A faithful indication could not be secured. All anonymous communications are invariably rejected. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. 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. ...... CHARGES FOR ADVERTISEMENTS. Advertisements specially ordered for the first page are charged one-fourth more Adrertisements must reach the office not later than five o'clock on Thursday afternoon. TO SUBSCRIBERS. The volumes of the Law TIMES and of the Law TIMES REPORTS, are strongly and uniformly bound at the office, as completed, for 58. 6d, for the Journal, and 4s. 6d. for the Reports. Portfolios for preserving the eurrent numbers of the Law TIMES, price 5s. 68., by post, 5d. extra. LAW TIMES REPORTS, price 3s. 6d., by post, 3d. extra. 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. CON TENTS. V.C. Malins' Court 135 V.C. Bacon's Court 135 V.C. Wickens' Court 135 Court of Probate 135 136 136 136 198 137 138 The Custody of Children 139 Court of Common Pleas 139 Salford County Court 140 Assize Intelligence 140 140 141 142 142 142 REPORTS. 577 ROLLS COURT. 580 582 COURT OF QUEEN'S BENCH. EASTON . RICHMOND HIGHWAY BOARD Highway Aet 1964 (27 & 28 Vict, c. 101) 8.31 --Conviction for encroaching upon highway 586 GÁISSBOROTGA UNION . WELCI The Parochial Assessment Act (6 & 7 win. 4, c. 55), #. 1- Expenses necessary to command rent 589 KSABESBOROUGH UNION ». PATELEY BRIDGE USION Status of irremovability of a pauper...... 590 De and Beerhouse Act Amendment 591 .... 593 595 board of health--Recovery against 597 COURT FOR DIVORCE AND MATRI. MONIAL CAUSES. 600 603 THE THORINGIA Collision-Objection to registrar's report.. 605 140 bread... COMPANY LAW:- 142 142 142 143 143 143 144 144 144 144 145 145 Liverpool Law Students' Society 145 Norwich Law Students' Society 145 145 145 146 146 146 14 BIRTHS, MARRIAGES, AND DEATHS Mr. WILKIE COLLINS, in his new Christmas story “Mrs. or Miss,” ....... 147 TO THE PROFESSION. ASSURANCE SOCIETY makes to the Profession.its customary present NOTICE.-NOW PUBLISHING. Series, will be published in ten parts, price 1s. each. Sent free of 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. as 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.” THE LAW OF DISTRESS IN ENGLAND AND 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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