W. Cope, Esq.

J. Johnes, Esq.

H. Lloyd, Esq.

J.J. Johnson, Esq., Q.C.

F. A. Philbrick, Esq.

C. Saunders, Esq...

E. J. Meynell, Esq....
Sir W. H. Bodkin, Kut.
H. C. Lopes, Esq., Q.C.
George Francis, Esq.
C.S. Whitmore, Esq.,Q.C
S. Warren, Esq., Q.C....
J. B. Maule, Esq., Q.C..
C. G. Merewether, Esq.
T. C. S. Kynnersley, Esq.
J. H. Brewer, Esq.

J. Middleton, Esq.

W. F. F. Boughey, Esq.
J. Fallon, Esq.

W. J. Neale, Esq..........

the said ground so as to render the said premises be entitled to deduct and retain, and also to allow capacity. He was a deacon as well as a trustee.

REAL PROPERTY AND
CONVEYANCING.

chiefly on the ground that the plaintiffs had, by
their acquiescence in the infringement, waived
their right to assistance from the court, and he
also stated that the Prussian firm was entitled to
the use of the trade-mark where the cutlery was
manufactured. The acquiescence of the plaintiffs
was presumed, no evidence being offered to show
that the trade-mark had been used with the con-
sent or knowledge of the Sheffield firm. The
judge did not comment upon the fact that the
plaintiffs had not registered their trade-mark, but
the registration of trade-marks in the United
States is now a matter of the first importance to
English manufacturers and merchants, for which
provision was made in the Act of last year."

COMPANY LAW.

COMMISSION

NOTES OF NEW DECISIONS. WILL-GIFT TO DAUGHTER-SUBSEQUENT LIMITATIONS.-A testator bequeathed his resi duary estate in trust for all his children in equal shares as tenants in common, as to sons absolutely, and to daughters in the manner thereinafter specified, and the will containing a clause of accruer in the event of sons dying under twentyone, and daughters dying under that age or without having been married. And the testator directed that the share or shares of any daughter should be held in trust for such daughter for her separate use for life, and after her death for a surviving husband for his life, and after the death of such daughter and her husband, for the benefit of the children of such daughter. The testator left five children, all of whom attained twenty-one. NOTES OF NEW DECISIONS. One, a daughter, died without having been marSALE OF UNDERTAKING ried. Held, that such daughter took one-fifth of POWER OF DIRECTORS.-It is not necessary that the testator's residuary estate absolutely: (Carter directors should meet together in one place and v. Smith, 25 L. T. Rep. N. S. 555. V. Č. M.) WILL-LOCKE KING'S ACT-DEVISE OF MORT- give their consent at the same time to make their GAGED ESTATE. An estate was by deed settled their articles of association empowered to sell all acts valid. The directors of a company were by in favour of A. and his wife for their respective lives, and after the decease of the survivor, in or any of the company's undertakings upon such trust, after the expiration of three months from terms as they should deem expedient, and to apsuch decease, for sale and investment of the pro-point agents whom they were to remunerate as ceeds, the trust fund to be held in trust for the they might deem reasonable. Three directors to children of the wife as to sons on attaining be a quorum. The company, at a general meeting, twenty-one, or dying under that age leaving issue, resolved to sell their undertaking to the Post and as to daughters on attaining twenty-one or master-General. Subsequently two of the directors marrying. The wife died leaving three children, their agent for the purpose of the sale. By this entered into an agreement with C., appointing him who attained twenty-one. One of them, a daughter, next of kin. A., by his will, devised the one-third of the settled estate to which he became entitled on his daughter's death to trustees, in trust for sale and investment, and to hold the same in

in discharging. The charter, however, expresses the words-Captain to sign bills of lading as presented to him without prejudice to the charterparty." Ships take in their cargoes, and then bills of lading are handed to masters for signa ture, in which nothing is said about the lien for demurrage. Charterers refuse to insert the words as per conditions in charter-party," and the vessels sail with the cargoes addressed to consignees who, under the bills of lading, are only accountable for freight as therein expressed. The charterers will not admit of any protest by endorsement on the bills of lading, ship. masters, therefore, have to depend upon the usage of foreign countries for any redress to which they may deem themselves entitled.

The holder of a bill of lading may be a pur. chaser for valuable consideration, and in no way connected with the charterer or consignee. The buyer, therefore, may have had nothing to do with the loading of the ship or her consignee. He is simply the holder of a document which entitles him to the goods named therein, and on the terms stipulated in the document. If the vessel has a claim for detention in her loading port, or in in the cargo, the payment of demurrage is rethe port of delivery, before he became interested sisted, and chambers of commerce are ready to pronounce in favour of the legitimate holder of the bills of lading, and fix the costs of action on the master or owner of the ship. With respect to coal cargoes shipped in this way, on speculation, it is not an uncommon occurrence for a vessel to be detained several days before a claimant comes forward to demand the goods and to present a bill of lading. This gives an opening for collusion, which is not unfrequently taken advantage of. as a matter of course, answerable for unnecessary

died leaving A., her father, her heir-at-law and agreement C. was to receive commission on a gra- The merchant claiming under the bill of lading is,

trust for one of his sons. And he devised and

bequeathed all his residuary estate to his trustees, upon trust, after payment thereout of his debts, for another of his sons. Shortly after the date of his will the testator mortgaged his life interest in

the settled estate, and also his reversionary onethird of such estate: Held, that the one-third was not an "interest in land," within the meaning of Locke King's Act, and that the mortgage debt was not payable thereout but out of the testator's residuary personal estate: (Lewis v. Lewis, 25 L. T. Rep. N. S. 555. V.C. M.)

MERCANTILE LAW.

NOTES OF NEW DECISIONS. PRINCIPAL AND SURETY-RELEASE OF PRINAGAINST SURETIES.-Defendant was sued as

CIPAL DEBTOR-PROVISO RESERVING REMEDIES surety on a bill of exchange. Plaintiff had assented to a composition deed made by the principal debtor, by which the debtor had assigned all his property to trustees, with power to sell and dispose of the same and advance any money that might be necessary to convert the prepared earth (part of the property assigned) into bricks, and upon trust to pay the creditors rateably so far as the money received by them from the sale of the property and of the bricks when made might extend. In consideration of the premises the creditors gave to the debtor what was in terms an absolute release, but was followed by a proviso by which they reserved their rights against sureties. Held, that the effect of the deed was not to extinguish the debt, and that the reservation of remedies against the sureties was valid: (Bateson v. Gosling, 25 L. T. Rep. N. S. 570. C. P.)

LAW OF TRADE-MARKS.

THE following American case is reported by Haseltine, Lake, and Co., the well known solicitors of patents: An equity suit respecting trademarks, of international interest, was recently

decided in the United States Court for the Washington district. The suit was instituted by David A. Burr, Esq., counsel for Rogers and Sons, the celebrated cutlers of Sheffield, against Philp and Solomons, contractors to the Treasury department for the supply of Rogers and Sons' cutlery. The plaintiffs alleged that the defendants had supplied counterfeit articles with their trade-mark, and they asked the court to grant an injunction, and claimed heavy damages. The defendants did not deny the sale of imitation articles or the use of the trade-mark in question, but proved that these articles were manufactured in Prussia by a firm known as Rogers and Sons, who use the trade-mark under a royal licence, and that Prussian cutlery bearing this trade-mark had been extensively imported and sold in the United States for many years, and also that the plaintiffs had not registered the trade-mark as provided by the recent patent Act. The defendants contended that the suit could not be maintained in view of the above facts. Wylie, J. refused the injunction

duated scale, which, in the events that happened,
amounted to 25 per cent. on the purchase money,
and the directors thereby agreed to sign a legal
obligation to the above effect when called upon to
do so. The agreement was afterwards signed by
two other directors, and was referred to and not
repudiated at a subsequent general meeting of the
company; no legal obligation was ever executed.
Held, that the agreement, although informal, was
good against the company, and that C. was entitled

to 25 per cent. commission on the purchase money :
Collier's Claim, 25 L. T. Rep. N. S. 526. V.C.B.)

MARITIME LAW.

NOTES OF NEW DECISIONS.

delays, after giving notice of his claim on the cargo, and it then becomes a question whether the consignee can be held liable for demurrage for the days of detention between the arrival of the ship at her port of discharge and the presentation of the bills of lading by an indorsee. Usage in this respect differs, but in the generality of cases the shipowner is defrauded of his claim, and dis

covers that the presumed lien for demurrage was a mere fiction.

It is time that the dishonourable system of shifting the responsibility from charterers to consignees, and from the latter to third parties, should be held up to public reprobation. It is a cunningly devised scheme to cheat shipowners, and deserves exposure in a court of law. The INSURANCE MATERIAL CONCEALMENT-LIA- in the bills of lading, or the bills of lading should conditions of a charter party ought to be inserted BILITY OF UNDERWRITER.-Plaintiff was accus- expressly make the goods deliverable on payment tomed to insure at Lloyd's upon floating policies of demurrage. The refusal of a charterer to incorquantities of cochineal shipped for him from the porate the terms of the two documents is inequit receipt of each bill of lading. He received infor- attempt to invalidate the charter-party. Although Canaries he declared the name of the ship upon able, and betrays, under the circumstances, an mation that a large quantity would be shipped in the Candida, and by the same mail an anonymous conducting business, the sharp practice still we have directed attention to this method of letter reached Lloyd's, containing a statement that thrives, as is evidenced by the letters from corthe owners intended to lose that ship on her next respondents published from time to time in these notice of this letter was openly affixed to a board cautioned masters, but it appears to us that capvoyage, in order to make the underwriters pay. A columns. Shipowners' associations have also at Lloyd's; and the plaintiff was aware of the contents of the letter, but considered them unworthy of lading being signed as presented, without pretains are powerless if charterers insist upon bills expected that the bills of lading by the Candida board, and being ready to sail, they (the masters) of credit. At this time the plaintiff reasonably judice to the charters. Having got cargoes on would be the next to be declared by him, and in sign the bills of lading, and trust to securing that case they would be covered by policies pre-payment of demurrage from consignees. In the sued upon without communicating to the underviously made. He entered into the policy now writer his intelligence of a cargo to be shipped by the Candida, or the contents of the anonymous Candida came to the plaintiff after those of later letter. By accident the bills of lading of the shipments, and this policy was declared upon the Candida. Held, in an action to recover for a total loss of part of the cochineal which had been jettisoned from the Candida, that plaintiff had been guilty of a concealment which invalidated the policy: (Leigh v. Adams, 25 L. T. Rep. N. S. 566. Q. B.)

LIEN FOR DEMURRAGE.
THE number of letters we have received lately on
lien for demurrage, and the system, now becoming
so general, of defrauding shipowners of their
rights under charter-parties, induce us to refer to
this subject with the view of explaining the law.
By a modern custom, which has become very pre-
valent of late, a clause is inserted in the charter,
by the charterer, that his liability is to cease as
soon as a fuil and complete cargo is shipped, and
the master, on the part of the shipowner, is to
have "ar absolute lien on the cargo, and rest
solely thereon for security and payment of all
freight, dead freight, and demurrage." Under
such an apparently fair and open contract,
masters of ships sign the agreement, on the
understanding that the charterers are to be re-
sponsible for any demurrage accruing or accrued
from delay in loading, and, further, that the ship
is perfectly safe in having a lien on the cargo for
unreasonable detention on the side of the consignee

pool shipowners, it is recommended that "no instructions to shipmasters, issued by the Livercharterer sign as agent unless he states for whom he is agent. A man of straw, or a foreigner, principal, try to get the agent in England who may be the principal. When a foreigner is the effects the charter to make himself liable as principal, and to sign the charter without adding the word agent.' This advice is correct so far as it goes, but if the agent and the principal to the charter refer the master to the cargo for his lien, and no lien is given by the bill of lading, the shipowner's remedy must be against the charterer, unless the bill of lading fixes the holder with the demurrage.

The laws of the United Kingdom are explicit enough as regards bona fide interest in goods represented by bills of lading. Under sect. 2 of 6 Geo. c. 94, persons in possession of bills of lading are deemed to be the owners so far as to make valid contracts; and under clause 3, "no person is to acquire a security upon goods in the hands of an agent for an antecedent debt, beyond the amount of the agent's interest in the goods; and under sect. 4 of 5 & 6 Vict. c. 39, any bill of lading "shall be deemed and taken to be a document of title" within the meaning of the statute. By the 18 & 19 Vict. c. 111, "every consignee of goods named in a bill of lading, and every indorsee of a bill of lading to whom the property in the goods therein mentioned shall pass, upon or by reason of such consignment or indorsement, shall have transferred to and vested in him all rights of suit, and be subject to the same liabilities in respect of such goods as if the contract contained

in the bill of lading had been made with himself." The position of holders of bills of lading is well defined, but they cannot be made liable to conditions not set forth in the bills of lading, unless they have made themselves a party to those stipulations. To bind the holders, therefore, of bills of lading to a contract of affreightment under which a lien on cargo is given for demurrage, those bills of lading must recite the charter-party. Mitchell's Maritime Register.

COUNTY COURTS.

WELSH-SPEAKING JUDGES.

liquidation, and an order for winding-up was
made on the 21st March 1871. The defendant,
D. O. Thomas, is now sued for a debt of 41. 4s. 1d.,
on account of his dealings with the society. He
claims a set-off against this debt, having, upon the
3rd Dec. 1870 given notice to withdraw from the
society his share money, amounting to 11l. 3s. 10d.
Before he could withdraw there is to be a month's
notice, and before he can be paid on account of
his shares, six months may elapse. There is no
obligation to pay earlier than six months. These
societies are governed by the Industrial Societies
Act 1812, which by sect. 20 provides that no
past member, that is, a member who has with-
drawn, shall be liable on the winding-up of such
a society to contribute to the assets of the society
-that is the fund out of which debts are to be paid

We have been requested to publish the follow--if ing letter to the Lord Chancellor from a gentleman speaking from his own experience of the mode in which business has been conducted in the very district to which Mr. Osborne Morgan's complaint

refers :

11, Waterloo-crescent, Dover, Nov. 14. My Lord,-In consequence of the infrm state of health of the late Mr. Johues I have frequently in each year, for about fifteen or sixteen years previous to his resignation, acted as his deputy. During the whole of that time I never heard a single complaint on the part of the suitors on account of my not understanding the Welsh language, though during a considerable portion of that time the whole of the business, undisputed or otherwise, was transacted before the judge.

With regard to the registrars I can confidently assert that they were, without any exception (in those dis

tricts where Welsh was spoken), perfectly acquainted with the Welsh language, and that in no single instance did I hear a doubt thrown on their interpretation either by the professional advocates, who almost invariably spoke Welsh as their native language, or by the numerous persons in court who understood both the English and Welsh languages, and who would most certainly have called attention to it if there had been

any failure of interpretation on the part of the regis

trars.

I, therefore, speaking for the Mid-Wales Circuit, cannot admit the correctness of Mr. Osborne Morgan's statement that there has been any failure of justice from the judge not understanding the Welsh language, and consequently think it right that I should state to your lordship my experience on the subject.

I have the honour to be your Lordship's most obedient servant. THOMAS HUMPHREYS.

TO THE EDITOR OF THE TIMES.

Sir,-I wish, through the medium of your columns, to ask Mr. Osborne Morgan, who insists upon a County Court Judge in Wales being able to speak and understand the language of the country, how many barristers there are in the United Kingdom eligible in other respects for the appointment, who, according to his views, are fit for the place, or, in other words, who know Welsh. I know nothing about the South Wales Bar, but of this I am sure, that on the North Wales Circuit there are only two practising barristers who can apeak, write, and understand Welsh. One is almost the senior, the other is almost the junior man on the circuit, the latter being, from the lack of standing, not yet eligible for the post of County Court Judge. Some men there are on the circuit who have picked up a few words of Welsh, and will tell you that they know the language. But I will venture to say that with the exception of the two men to whom I allude, not a man the North Wales Circuit can speak, read, or understand the language. And yet the business of the circuit is, I am told, conducted as well and as ably as that of any circuit in England, and justice is done in North Wales although the language made use of is, and I trust always will be,

SAESNEG.

on

I have nothing to say about Mr. Watkin
Williams's objections to late appointments-they
stand on a totally different ground.
Nov. 17.

A member is not entitled to set-off a debt due by
him, against the amount of his share, until his
share account is balanced and amount shown to
be due to him has become payable.
HIS HONOUR said: By the rules of the Pioneer
Industrial Society (Limited), members may with
draw any sum above 51., according to a scale of
notice, under which six weeks' notice is required
for sums from 10l. to 15l.; and, by rule 18, "Any
member who has paid up all his subscriptions
may withdraw from the society on giving one
calendar month's notice in writing to the secretary
of his intention; and any member may withdraw
without paying up all his subscriptions with the
consent of the committee. Upon the withdrawal
of any member, he is to receive payment of the
balance then standing to his credit in the books
of the society, with all arrears of dividend and
profits, if any, within six months after such with-
drawal." The society is now in the process of

charged on wholesale prices, short credits, or none at all; that is, as much as possible, they depend on cash transaction both in wholesale purchases and retail sales. In this society credits have been given in violation of every principle on which success depends. As the defendant was not entitled to be paid his share-money when the winding-up took place, there was no debt payable to the defendant against which he can have a set-off.

BANKRUPTCY LAW.

NOTES OF NEW DECISIONS. COURT OF BANKRUPTCY-JURISDICTION-INhe has ceased to be a member for a year or JUNCTION-RESTRAINING ACTION AT LAW-EVAmore prior to the commencement of the winding- SION OF BILLS OF SALE ACT-17 & 18 VICT. C. up. By the rules of this society a member 36.-Under the Bankruptcy Act 1869 the Court of ceases to be in it after the lapse of a month after Bankruptcy has jurisdiction to restrain the pronotice of withdrawal. Secondly, by the same Act ceedings in an action at law, the object of which of Parliament, no past member is to be liable to is in effect to determine whether certain goods contribute in respect of any debt or liability conform part of a bankrupt's estate. S., a trader, in tracted after the time at which he ceased to May 1870, being in want of money, borrowed of C. be a member. Thirdly, no past member, that 551. on the security of two bills of sale, by which is, a member who has not withdrawn for he assigned the whole of his property, worth about the period of one year, is to contribute to pay and C. that these bills of sale should be given up 600l., to C. It was agreed verbally between S. debts unless the present or existing members are unable to pay contributions to satisfy all just within the period limited for registration under demands on the society. Lastly, no contribution the Bills of Sale Act, and new bills of sale from is to be required exceeding the unpaid amount of time to time substituted for them. This was done shares. Now, the single question in this case is, twice. The last bills of sale were given on the when the amount of the share-money under the 20th July 1870. No fresh advance was made on notice given by the defendant, became payable to the occasion of the renewal. On the 9th Aug. him, for then only did the share-money become a 1870 S. filed a petition for liquidation by arrangedebt payable from the society to the defendant, ment, and on the next day the bills of sale of the and then only could the right of set-off arise. 20th July were registered under the Bills of Sale The clear answer is, on the termination of six Act. The trustee under the liquidation took posmonths the share money might have been sued for session of the goods comprised in the bills of sale, share money. if the balanced accounts permitted a payment of and the mortgagee brought an action of trover There can only be a set-off of against him to recover possession of the goods: mutual debts, and when the society was ordered Held (affirming a decision of the Chief Judge in to be wound-up there was no debt for share money Bankruptcy), that the Court of Bankruptcy had payable to the defendant. I know this conclusion jurisdiction to restrain the proceedings in the must appear very harsh, and will be very unsatis-action, and that an injunction restraining these factory to the defendant. It is to be explained proceedings was rightly granted: Held, also thus: Contracts ending in money demands, such (affirming a decision of the Chief Judge), that the as those between the company, in respect of bills of sale were void as against the trustee under goods sold by the company to members, and conthe liquidation: (Ex parte Cohen; Re Sparke, 25 tracts made by the members with the company L. T. Rep. N. S. 473. L. JJ.) which end in money demands by members against BANKRUPTCY ACT 1869, s. 92-FRAUDULENT the company, may be set-off. The member and PREFERENCE-BILL OF SALE-PAYMENT OUT the company, in such cases, are in the same posi- OF MONEY ADVANCED.-A fortnight previously tion as strangers to each other. The member to the date of a debtor's filing his petition for occupies another position when that which forms liquidation, his solicitor lent him 2001. on the the subscribed share of the capital of the company security of a bill of sale. At the same time as he is dealt with. He cannot claim to touch his own handed the debtor a cheque for this amount, he share of the capital except according to the rules of presented him with his bill of costs, which his association. If he could, he might, by an unpro- amounted to 871., and the debtor paid it out of vided for withdrawal of capital, destroy the mutual the money advanced: Held (reversing the decision aid upon which the very existence of such associa of the Chief Judge), that this was not a fraudu tion depends, and all the members might be in-lent preference, as the presentation of the bill of volved in great losses. I have endeavoured to costs amounted to a demand for payment: (Ex explain, and I fear not successfully, that members parte Boyle; Re Collett, 25 L. T. Rep. N. S. 550. of these societies occupy two positions: the one L. JJ.) as capitalists having their subscribed money ab- BANKRUPTCY-DEED OF INSPECTORSHIP sorbed in the stock and business of the company, PROOF OF DEBT-AGREEMENT TO INDEMNIFYbut always recoverable, if the business is well WHEN BROKEN.-A person who enters into an managed; and the other as purchaser of goods agreement to indemnify another against the condrawn from the stock supplied by united contri- sequences of his doing a certain act, is not thereby butions of all the members. Through united con- necessarily made liable to pay a sum of money to tributions the stock is paid for to those who supply him, as he may possibly fulfil his agreement in to the company, by wholesale dealings, the goods another way, and such an agreement is not broken which the company, or all its members as a com- until the person who is to be indemnified is company, retail to each of the members. The whole-pelled to make some payment from which he was sale and retail dealings create different obligations. to be saved harmless. The liability upon such a Both are safe if the affairs of the company are well contract before actual breach is therefore not a conducted, and the members who buy are suffi- contingent liability which can be proved in a ciently numerous to afford a profit on sales suffi- bankruptcy by virtue of sect. 178 of the Bankrupt cient to cover necessary expenses and unavoidable Law Consolidation Act 1849. In the year 1863 losses. If there is an honest manager, his honesty K. and Co., as agents for M., instructed W. and must be paid for by a salary which checks tempta- Co. to sell some cotton goods on his behalf. The tion to cheat; he must also have ability and dili- goods were sold to P. and Co., who paid for gence in keeping accounts, and be careful in them by means of three bills of exchange drawn making sales. As these qualifications give secu- upon them by W. and Co., and accepted by rity that the property of the company will be pro- P. and Co. K. and Co. claimed to be entitled fitably dealt with, they also must be paid for in to these bills by reason of the state of the the salary of an efficient manager. And the chief accounts between themselves and M., and they diligence of the manager will be shown in frequent requested W. and Co. to hand over the bills to them. stock-taking, so that the business shall not have W. and Co. consented to hand the bills over upon the nature and evil consequences of a blind gam- being guaranteed by K. and Co. from any loss in bling. The shareholders, also, ought neither to consequence of their so doing. K. and Co. accordask for nor receive large or long credit. The ingly, on the 29th April 1863, gave W. & Co. a shorter and the smaller the credit the more guarantee in writing, by which, in consideration certain is the profit, and the greater the security of the bills being handed over to them, they underof the share-money. If credit is large, the occa- took and agreed with W. and Co. to save and keep sional losses will be large. If credit is long, them harmless and indemnified from and against the share capital may be lost or locked up without all claims and demands which might be made on any profit. In either case, the benefit of co-opera- them for the bills or the proceeds thereof, and all tion is lost, namely, the profit on prices calculated loss, costs, charges, damages, and expenses on early payments and short credits. A trades- which W. and Co. might on any account or in any man has to calculate the rent he pays, his neces- way suffer, sustain, or be put unto in consequence sary expenses, the wages of his men, the losses by of their handing over the bills to K. and Co. And delayed payment, through long credit, or through K. and Co. thereby further undertook that in the nonpayment. Usual losses through those who do event of any proceedings either in law or in equity not pay must be paid through the prices charged being commenced against W. and Co. in respect to those who do pay. In co-operative industrial of the bills, or upon the accounts between W. societies success depends upon moderate profit and Co. and M. in connection with the bills,

In this case it appeared that early in the present year, Mr. George Lewis, of Robson-street, Everton, builder and licensed victualler, presented a petition for liquidation of his affairs by arrangement or composition. At the first meeting of creditors, it was resolved that the estate should be liquidated by arrangement, and that Mr. Richard Waugh M'Arthur, of the Temple, Dale-street, acoountant, be the trustee. It was further resolved that the proceeds of the estate should be deposited in the Manchester and Liverpool District Bank, and that there should be a committee of inspection. The estate which Mr. M'Arthur realised, it seemed, yielded about 430., but he declared no dividend, and the creditors being dissatisfied, resolved on the 31st Oct. to remove him from his office, and appointed Mr. Sheen trustee in his stead. They also passed a resolution to the effect that he was forthwith to pass his accounts before the registrar, and deliver up to the new trustee all books and papers, as well as property, which had come to his hands as trustee. Mr. M'Arthur did not comply with this requirement, whereupon notice was served upon him to show cause why he had made default,

DEC. 23, 1871.]

-STAMPS. -It will much 47. PARTNERSHIP DEED oblige me if any of your correspondents will tell me whether a partnership deed requires, as heretofore, a 11. 15s. stamp. I am told that under the new Act a 10s. stamp is sufficient, but I can find no authority in the C. B. A. Act itself for this.

48. DEFENDANTS OUT OF THE JURISDICTION.-I want to obtain payment of debts, contracted in and due to persons in England, from persons living in Italy and in Hungary. If any of your readers will kindly inform me the best steps to take I shall feel much obliged ? DELTA. 49. NATIONAL SCHOOLS.-Land is conveyed to the minister and churchwardens for the time being of the parish of M., as a site for a national school. It is proposed to effect an exchange of part of the land so conveyed, with the owner of the adjoining land, who agrees to give up a piece of land of corresponding size and value, in order that both pieces of land may be made square. Can any of your readers inform me how this can be done, and whether the consent of the Charity Commissioners is necessary, or whether it could be T. H. done by granting a lease for a long term.

Answers.

(Q. 33.) DESCENT-LEGAL ESTATE.-The daughter of the one sister and the eldest son of the other sister Z. Y. take the legal estate in parcenery.

ΤΟ CUSTOMARY FREEHOLD (Q. 34.) ADMITTANCE ESTATE. I do not think the language of the Stamp Act 1870 can be strained so as to render a will a surrender or grant within the meaning of the statute. Sect. 84 (sub-sect. 2) implies that in the case of customary freeIt seems to holds it is a deed which is to be stamped. me that the case is entirely outside the statute, and Z. Y. that no certificate is required.

(Q. 35.) STATUTE OF FRAUDS.-Where possession is given and taken under an oral contract for a lease the Statute of Frauds cannot be set up by or against the lessor in a suit for specific performance: See Wilson v. The West Hartlepool Railway Company (2 De G. J. & S.), If, however, the court is not and cases there cited. able to ascertain the terms the case will not be taken out of the statute (Reynolds v. Waring, Yonge 346; As to the Munday v. Joliffe, 5 Myl. & Craig. 167.) ploughing up I think that the maxim expressio eorum qui tacite insunt, nihil operatur is applicable rather than the maxim expressio unius est exclusio alterius. The express stipulation seems to be inserted, ex majori cautela, and it certainly would not be safe to assume that the tenant might disregard the ordinary course or custom of the country as to ploughing. The point is not free from doubt. Refer to Hutton v. Warren (1 M. & W. 466.)

Z. Y. (Q. 36.) WILL.-How can there be any question? B. takes for life, with remainder to his children as tenants "Articled Clerk" should read his in common in fee. books and not rush into print with such simple questions, and "C. C.," who undertakes to answer him, should not frame his reply in such a way as to lead to the inference that B, by force of the rule in Shelley's

THE LAW TIMES.

amount of trouble and correspondence for which they
make no charge, because the country solicitor could not
obtain the amount from his client even upon the higher
scale of charges. With regard to the London agent's
J. C.
charge of a moiety of drawing the bill the same re-
marks apply.

It is the invariable practice for the London agent
to charge his principal half the sum allowed for in-
structions for bill, and, therefore, assuming the higher
scale to be applicable to the cause, 11. 1s. would be the
correct charge. Upon the lower scale, it would, of
course, be only 68. 8d. The principle regulating agency
costs is that the profit on items which the London
agent earns, or contributes to earn, shall be equally
divided between himself and his principal. Now the
instructions sent from the country are very rarely
complete. The London agent peruses them, amends
them if necessary, and attends to counsel's requisitions
for further information, and to any points of practice
that may arise; he is therefore entitled to share in the
charge for instructions. No doubt the heavier part of
the work comprised in the term "instructions for
bill" is done in the country, but the principle of equal
division of profit applies to the whole suit, and if your
correspondent will examine his agent's bill when the
suit has terminated he will find that by far the greater
proportion of the business charged in it has been trans-
acted altogether in London.
KAIN, WITT, BULLEN, AND CO.
In answer to "W." the London agent is clearly
entitled, under the circumstances stated, to charge his
principal a moiety of the fixed fee for instructions for
bill and for drawing the bill. The charges commencing
with "attending counsel with papers" would not re-
munerate him for the work and time expended in
the case. The principal always expects the agent to do
reading up the papers and making himself master of
this, and it is necessary, to enable him to do the work
of the suit efficiently, nearly the whole of which falls
upon him. The principal shares equally in the sub-
sequent profits although he does nothing for it.

Z.

(Q. 44.) TEN YEAR CLERKS.-This question is of a
The ten years' clerk must have
composite character.
already proved his previous ten years' service, or his
articles of clerkship are not enrolled. The query as to
death of employer, if that event took place during his
ten years' service previous to articles, has been disposed
of, if it took place subsequent to date of articles the
period of service will cease to count from the day of the
death to the date of the further articles.

LAW SOCIETIES.

H. L.

ARTICLED CLERKS' SOCIETY.
A MEETING of this society was held at Clement's-
inn Hall, on Wednesday, 20th Dec., Mr. H. Lewis
Arnold in the chair. Mr. Chester opened the
That the
subject for the evening's debate, viz.,
wife should not be entitled to costs in a divorce
suit unless successful." The motion was carried
by a majority of one.

EXETER LAW STUDENTS' DEBATING
SOCIETY.

LEGAL OBTIUARY.

RIGHT HON. MR. JUSTICE GEORGE. IT is with deep regret that we announce the decease of Mr. Justice George. During the five years which have elapsed since his elevation to the Judicial Bench, says the Irish Law Times, Mr. Justice George has won the respect and esteem of all, as a painstaking and most conscientious judge, and an honourable and courteous gentleman. His health, we understand, has been failing for some time past, although he was able to attend to his judicial duties up to the moment of the long vacation, and went the Leinster Circuit at the recent Summer Assizes. The late judge was born in 1804, and was, therefore, sixty-seven years of age. He was educated in Trinity College, Dublin, and was called to the Bar in Hilary Term, 1826. He joined the Leinster Circuit, upon which he filled, for many years, the office of Crown Prosecutor. When he had been eighteen years at the outer bar, he received a silk gown, and a few years later entered Parliament as member for the County Wexford, in which county he had a considerable property. He represented this county in Parliament from 1852-1857, and again from 1859 until his promotion to the judicial bench in 1856. In 1859 he was elected a Bencher of the Honourable Society of King's Inns. When Lord the promotion of the late Judge Hayes to the Derby's Government was in power in 1859, upon Court of Queen's Bench, Mr. George became Solicitor-General. From this period to the time of his promotion to the Bench, his time was prinUpon the cipally occupied by his political duties. return of the Conservative party to power in 1866, and the promotion of Mr. Whiteside, Mr. George would, in ordinary course, have succeeded to the post of Attorney-General, but the retirement of the late Judge Hayes created another vacancy in the Court of Queen's Bench, to which the former Solicitor-General, Mr. George, succeeded. Although never actually Attorney-General, Judge George was created a Privy Councillor of Ireland on his elevation to the Bench. The late judge was twice married, and his eldest son filled the office of High Sheriff of the County Wexford.

LEGAL EXTRACTS.

THE HUMOURS OF INJUNCTION. NEW YORK is not the only state that is distinguished for the facility with which injunctions can be obtained. Recently, in extending a line of railroad in the western part of Maine, some con

case, was himself tenant in fee instead of being merely THE above society held a meeting on Friday the tractors found it more convenient to draw heavy

(Q. 39.)-INSOLVENT LEGATEE.-The trustees were right in paying the insolvent legatee, whether they had notice or not of the insolvency. The insolvent himself is liable to the assignee, the legacy having vested in him

within twelve months from the commencement of the 32 & 33 Vict. c. 83. See sect. 15 of that Act, also 7 & 8 Vict. c. 96, s. 4, and he is bound to give notice to the assignee: (5 & 6 Vict. c. 116, s. 12.) After the final order, the after acquired property of an insolvent did not vest in the assignee, but in the insolvent himself, and an order of the court was required under 5 & 6 Vict. c. 116, s. 9, before the assignee was entitled to possession. With these liabilities of the insolvent, the persons paying the legacy have nothing whatever to do. Z. Y.

This case is clearly not (Q. 40.) CONVEYANCING. — within the 24 Vict. c. 9, s. 2, and the conveyance must be enrolled. The 25 Vict. c. 17, s. 1, the 27 Vict. c. 13, s. 1, and the 29 & 30 Vict. c. 57, ss. 1, 3, may also be Z. Y. referred to.

-

Q. 41.) RAILWAY AND PARISH LAW.-The company are bound to employ proper persons to take charge of the gates, at all hours. See 5 & 6 Will. 4, c. 50, s. 71, also 5 & 6 Vict. c. 55, s. 9, for which, perhaps, are now substituted sects. 47, 48, and 68 of the Railway Clauses Act 1815, and sects. 5, 8, of the Railway Clauses Act 1863, where those clauses are incorporated in the special Acts of railway companies. Wyatt v. The Great Western Railway Company (6 B. & S. 709; 12 L. T. Rep. N. S. 568), and Dickinson v. The London and North-Western Railway Company (1 Harr & Rutherford, 399), may be referred Z. Y.

(Q. 43.) AGENCY CHARGES.-Yes, the London agent is entitled to 14. 18, being half the charge of "instructions for bill, 21. 28." The above charge is simply the amount allowed as between party and party, and the country solicitor would be entitled to charge as between solicitor and client for any extra work he had had previously to sending the papers to his agent, also for making copies of the deeds. Country solicitors must bear in mind that London agents have an immense

15th inst.; Arthur Burch, Esq., occupied the
"Was the
chair. The subject for discussion was,
case of Ireland v. Livingstone (L. Rep. 5 Q. B. 516)
rightly decided?" After a spirited debate, the
point was decided in the negative by a majority of

two to one.

LIVERPOOL LAW STUDENTS' SOCIETY.

A MEETING of this society was held on Thursday
the 14th inst., at the Law Library, Cook-street;
Mr. Kenion, solicitor, presiding. The subject for
'Abo-
"Is it desirable that part
discussion was,
lition of Imprisonment for Debt' of the Debtors'
Act 1869 (32 & 33 Vict, c. 62), be repealed, and
that the law on the subject be placed on its former
basis?" The affirmative was carried by a large
majority.

stone over the mowing field in a valuable farm than to waste time by going to the same point by the highway.

The owner forbid the trespass on his land, and field, in a season that would result in much endeavoured to prevent the passage across his damage. An enterprising attorney, whose fortune would be insured by at once removing to New York, convinced one of the judges, during a quiet gree at least, retarding a great public enterprise in Sabbath, that the husbandman was, to some deAnd the judge on Monday at its completion. early dawn actually issued an injunction restraining the landed proprietor from preventing a trespass on his own land!

That is almost as good as was the case where

the judge enjoined a man who lived a little over the line of his state, probably on the ground that his jurisdiction extended to a hailing distance from the line.

Some judges are apt to go off at the half-cock in these procedures, and to decide the case and hear the evidence after, as witness the following :

ago Some years an enterprising individual some of the back towns of Maine, and concluded bought out a line of telegraph running throngh to operate it as an individual enterprise. As an inducement to keep up communication with the rest of mankind, he sought subscriptions from the and he, in turn, notified them they could not be mem-leading men of one of the shire-towns over which the wires hung. Some office-holders refused to comply, accommodated in the transmission of messages by that line. Soon after this a political friend, and lately the law partner of Judge T., of that county, sought to send a message to one of the non-subscribing "patrons" in the rural regions, and the metropolitan operator, obeying orders, declined to transmit it.

A MEETING of this society was held on Tuesday
evening last, Mr. Jacobs in the chair. The
bers having been examined on "Williams's Per-
sonalty" the following point was discussed:
"Was the case of Cockle v. The London and South-
Eastern Railway Company rightly decided ?"
(L. Rep. 5 C. P. 457.) Mr. Glover appeared for
the affirmative, and Mr. Spink for the negative;
and, after a good discussion, the point was de-
The meeting then ad-
cided in the negative.
journed to Tuesday, 2nd Jan. 1872.

EPPS'S CHOCOLATE.-"Nous n'avons en France qu'une
seule usine où la préparation du Cacao emploie un
matériel et un personnel aussi considérables que ceux
avons vus dans l'usine de Messieurs Epps
que nous
C'est une véritable curiosité dans son geure que cette
immense fabrique."-La Situation (the Imperialist
organ). The wrapper of each cake of Chocolate is
labelled "JAMES EPPS & Co., Homoeopathic Chemists,
London." Also, makers of Epps's Milky Chocolate
(Chocolate and Condensed Milk).