« EelmineJätka »
of the citizen” in any instance. And here I rest in argument that authority for the exercise of the constitutional condition that requires the super. this solemn argument. I have brought this cause franchise is to be derived from law. The position vention of legislative power in the exercise of of woman, and of man as well—of the race-into taken is, that the plaintiffs have a right to vote, legislative discretion to give it effect. The conthe presence of the court, surrounded by the independent of the law; even in defiance of the stitutional capability of becoming a voter created severe atmosphere of the law, beyond the reach terms of the law. The claim, as we understand it, by this amendment lies dormant, as in the case of of chronic ribaldry, and into the region of argu. is, that they have an inherent right resting in an infant, until made effective by legislative ment, where it must be estimated by its legal nature, and guaranteed by the constitution in such action. Congress, the legislative power of this merits. I have applied to it the rules of law. I wise that it may not be defeated by legislation. jurisdiction, as yet has not seen fit to carry the have pushed away the dead exfoliations that In virtue of this natural and constitutional right, inchoate right into effect, as is apparent in the cumber the path ; and have gone to the founda- the plaintiffs ask the court to overrule the law, law regulating the franchise of this district, tions, to the ever fresh and preserving spirit and give effect to rights lying behind it, and rising When that shall have been done, it will be the of the rules of the common law, and have superior to its authority. The court has listened pleasure of this court to administer the law as sought to apply them with candour. I see patiently and with interest to ingenious argument they find it. Until this shall be done, the con here before you these ladies, who have come in support of the claim, but have failed to be con. sideration of fitness and unfitness, merit and with their friends to listen to the argument of vinced of the correctness of the position, whether demerit, are considerations for the law-making their case, which is to decide whether, as citizens on authority or in reason. In all periods, and power. The demurrer in these cases is sustained. and subjects of this great government they are to in all countries, it may be safely assumed that no Riddle, counsel for the plaintiffs, prayed an bear the citizens' voice in its management. A privilege has been held to be more exclusively appeal to the Supreme Court of the United States. Government which, spite of its burthens, its within the control of conventional power than the neglects, its scorns and contumely, they love with privilege of voting, each State in turn regulating the passionate, self-sacrificing devotion of woman; the subject by the sovereign political will. The
LEGAL OBTIUARY. to which they gave their soul's offspring, their nearest approach to the natural right to vote, or loves and their lives ; or whether they are for a govern-two words in this connection signifying time longer to continue its vassals and serfs. the same thing-is to be found in those countries and
G. H. WILLIAMS, ESQ. That citizen is a vassal and a serf who must re-governments that assert the hereditary right to rule. The late George Henry Williams, Esq, solicitor, main dumb in the presence of power, and who The assumption of Divine right would be a full vin- of 19, Margaret-street, Cavendish-square, whose must owe to grace, ever capricious, that which can dication of the natural right contended for here, death occurred very suddenly on the 12th Dec. at belong alone to right. And I see behind them, in provided it did not involve the hereditary obligation his residence at Roxboro'-park-road, Harrow, shadowy and endless prospective, not the matrons to obey. Again, in other States, embracing the Re- in the fifty-third year of his age, was a son of the and daughters of rich and luxurious homes; not publics, and especially our own including the States late Rev. J. H. Williams, Rector of Farnham. All the petted, flattered, courted, loved idols of society which make up the United States, this right has Saints, Bury St. Edmunds, and was born in the and fashion, but the long array of the pale, been made to rest upon the authority of political year 1818. He was admitted a solicitor in Hilary woe-worn, toiling, homeless, helpless wives and power, defining who may be an elector, and what Term 1842, and was a member of the firm of mothers and daughters of care and want, the shall constitute his qualification ; most States in Messrs. Brown and Williams, of Margaret-street
. prey of vice, the victims of abnormal society, the past period declaring property as the familiar The mother of the deceased gentleman had rewho cannot be heard, but who mutely and un- basis of a right to vote ; others, intelligence ; cently died at Colchester, and Mr. Williams had knowingly extend their weak hand for the instru- others, more numerous, extending the right to all the week previous to his death gone down to that ment of political power for their own protection; male persons who have attained the age of ma- town on family business with his brother-in-law, who, when they strike for bread, when they strike jority. While the conditions of the right have Mr. Sayers Turner. He left Colchester apparently for shelter and for raiment, and warmth and life, varied in several States, and from time to time in good health | and after transacting some basi
. may have that power which will command what been modified in the same State, the right has uni- ness in London proceeded on his journey; and they have yet never had – - a hearing. And formly rested upon the express authority of the shortly after returning home he was seized with a never, till you give woman this power, and political power, and been made to revolve within fit, and expired almost before medical assistance through it, give her to herself, can you redeem the limitations of express law. Passing from this could be procured. Deceased was much respected her, and, through her, elevate the race. Give brief allusion to the political history of the ques. among a large circle of friends. her the ballot, and she will grow to the strength tion to the consideration of its inherent merits, and wisdom to wield it more purely and un- we do not hesitate to believe that the legal vindiselfishly than it has ever yet been used. I see cation of the natural right of all citizens to vote,
SIR J. BAYLEY, BART. your sensibilities are awakened. I only invoke would, at this stage of popular intelligence, inThe late Sir John Edward George Bayley, Bartu, your unprejudiced judgment. I will not have volve the destruction of civil government. There who died on the 23rd Dec., at his residence, Stan. emotion and sympathy. I demand the severe voice is nothing in the history of the past that teaches hope-lodge, Kensington.gore, in the seventy.ninth of the law.
us otherwise. There is little in current history year of his age, was the eldest son of the late The court, after listening to an able and logical that promises a better result. The right of ail Right Hon. Sir John Bayley, Bart., who was argument by Francis Miller, of the Washington men to vote is as fully recognized in the popula- formerly a judge in the Court of Queen’s Bench, Bar, in favour of woman exercising the right of tion of our large centres and cities as can well be and afterwards for many years a Baron of the suffrage, rendered the following decision :
done, short of an absolute declaration that all men Exchequer, and who received the honour of a Opinion of the court, delivered by CARTTER, C.J., shall vote, irrespective of qualifications. The re- baronetcy on his retirement from the bench in sustaining the demurrer, which is as follows :- sult in these centres is political profligacy and 1834. His mother was Elizabeth, danghter of These cases, involving the same questions, are violence verging upon anarchy. The influences John Markett, Esq., of Meopham Court-lodge
, presented together. As shown by the plain working out this result are apparent in the utter Kent, and he was born in London in the year tiffs' brief, the plaintiffs claim the elective neglect of all agencies to conserve the virtue, in 1794, and succeeded to the title on the death of his franchise under the first section of the four. tegrity and wisdom of government, and the appro- father in 1841. He was educated at Winchester
, teenth amendment of the Constitution. The printion of all agencies calculated to demoralise and was called to the Bar by the Honourable fourth paragraph of the regulations of the and debase the integrity of the elector. Institu. Society of Lincoln's-inn in 1835, and went the governor and judges of the district, made regis- tions of learning, calculated to bring men up to Northern Circuit. Sir John Bayley, who held for tration a condition precedent to the right of their highest state of political citizenship, and many years the post of clerk of assize of the voting at the election of April 20, 1871. The indispensable to the qnalifications of the mind and Northern Circuit, was twice married, first, in 1822
, plaintiffs, being otherwise qualified, offered to re- morals of the responsible voter, are postponed to to Charlotte Mary, second daughter of the late gister, and were refused. They then tendered the agency of the dramshop and gambling hell; John Minet Fector. Esq., of Kearsney Abbey, their ballots at the polls, with evidence of qualifi. and men of conscience and capacity are dis- Kent, formerly M.P. for Dover and Maidstone, cation and offer to register, &c., when their ballots carded, to the promotion of vagabonds to power. who died in 1854; and secondly, in 1855, to Selina
, were rejected under the 7th section of the Act pro. This condition demonstrates that the right to vote daughter of the late Col. Marley, but he again be viding a Government for the district of Columbia ought not to be, and is not, an absolute right. The came a widower in 1865. He is succeeded in his Mrs. Spencer brings her suit for this refusal of fact that the practical working of the assumed title by his elder son, the Rev. John Robert registration, and Mrs. Webster for the rejection right would be destructive of civilisation is deci. Laurie Emilius Bayley, Vicar of St. John's, Pade of her vote, under the 2nd and 3rd sections of the sive that the right does not exist. Has it become dington, who was born in 1823; he was formerly Act of May 31, 1870. The 7th section of the a constitutional right, under the provisions of the incumbent of Woburn, Bedfordshire, and subseorganic Act above referred to, limits the right to fourteenth and fifteenth amendments of the con quertly rector of St. George's, Bloomsbury; he vote to "all male citizens,” but it is contended stitution, which provide as follows: Fourteenth married, in 1855, Marianne Sophia, third danghter that in the presence of the fourteenth Amend. amendment, sect. 1, “ All persons, born or natu- of Edward Rice, Esq., of Dane Court, Kent. The ment, the word male is without effect, and the Act ralised in the United States, and subject to the late baronet's younger son is Mr. Lyttleton Holyauthorises all citizens” to exercise the elective jurisdiction thereof, are citizens of the United oake Bayley. Barrister-at-Law, Her Majesty's franchise. The quiestion involved in the two actions States, and of the State wherein they reside. No Advocate at Bombay. which have been argued, and which, for the purposes State shall make or enforce any law which shall of judgment, may be regarded as one, is, whether the abridge the privileges or immunities or citizens of plaintiffs have a right to exercise within this juris. the United States." Fifteenth amendment, sect. diction, the elective franchise. The letter of the 1: "The right of citizens of the United States to THE COURTS & COURT PAPERS. law controlling the subject is to be found in the vote shall not be denied or abridged by the United 7th section of the Act of Feb. 21, 1871, entitled, States, or by any State, on account of race, colour, SITTINGS IN HILARY TERM 1872. “An Act to provide a Government for the District or previous condition of servitude." Sect. 2, “The of Columbia,” as follows :—“And be it further Congress shall have power to enforce this article enacted, that all male citizens of the United States by appropriate legislation.” It will be seen by
Equity Courts. above the age of twenty-one years, who shall have the first clause of the fourteenth amendment,
Court of Appeal in Chancery. been actual residents of said district for three that the plaintiffs, in common with all other
(Before the LORD CHANCELLOR.) months prior to the passage of this Act, except persons born in the United States, are citizens such as are non compos mentis, and persons con. thereof, and, if to make them citizens is to make
At Lincoln's-inn. victed of infamous crimes, shall be entitled to vote them voters, the plaintiffs may, of right, vote. It Thursday, Jan. 19 Appeals at said election, in the election district or precinct will be inferred from what has already been said, Monday
12 Appeal motions and appeals
15 Appeals in which he shall then reside, and shall have so that to make a person a citizen is not to make him Tuesday resided for thirty days immediately preceding said or her a voter. All that has been accomplished by Wednesday
17 Petitions and appeals election, and shall be eligible to any office
within this amendment to the constitution, or by its Thursday 18 Appeals the said district, and for all subsequent elections previous provisions, is to distinguish them from
19 Appeal motions and appeals twelve months' prior residence shall be required to aliens, and make them capable of becoming voters. Tuesday
Monday 22 Appeals
23 Ditto constitute a voter : but the Legislative Assembly | In giving expression to my own judgment, this Wednesday 24 Ditto shall have no right to abridge or limit the right of clause does advance them to full citizenship, and Thursday suffrage.” It will be seen by the terms of this Act, that clothes them with the capacity to become voters. Friday 26 Appenl motions and appeals females are not included within its privileges.' On The provision ends with the declaration of their Monday
29 Appeals the contrary, by implication, they are excluded. citizenship. It is a constitutional provision that
Tuesday We do not understand that it is even insisted' does not execute itself. It is the creation of a
Wednesday 31 Appeal motions, petitions, and ap.
Professional Partnerships Dissolbed.
(Before the LORDS JUSTICES.)
Saturday Jan, 20 Short causes,
adjourned summonses, BROWN, JOHN THOMAS, outfitter, Portsea; Jan. 4, at twelve, at and general paper
18, Millman-st, Bedford.row. Soi., King, Portsen
BUTLER, EDWARD, cattle salesman, Byfield; Jan, 13, at eleven,
at ottice of Sol., Crosby, Banbury Thursday, Jan. 11 Bankrupt appeals and appeals Tuesday 23 Ditto
CAMPING, GEORGE, cabinet maker, Maldon; Jan. 12, at two, at Friday 12 Appeal motions and appeals
Sols., Messrs. Wednesday 24 Ditto
offices of Messrs. Digby, Lincoln's inn flelds. Saturday 13 Petitions in lunacy, appeal peti. Thursday
Digby, Maldon 25 Motions and general paper
CHAVASSE, NICHOLAS HORACE, brickmaker, Handsworth, and tions, and appeals
26 Petitions, adjourned summonses, Rowley Regis; Jan. 3, at twelve, at the Queen's hotel, Birming. Monday 15 Appeals
and general paper
ham, Sol., Baker, Birmingham Tuesday 16 Ditto Saturday 27 Short causes, adjourned summonses,
COBDEN, RICHARD, tailor, Jermyn-st; Jan. 4, at twelve, at office Wednesday 17 Ditto
and general paper
of Sol., Alley-Jones, Lincoln's-inn-chmbs, Chancery-la
CoE, JOHN ELIJAH, cork manufacturer, King's Lynn, also WisThursday 18 Bankrupt appeals and appeals
bech; Jan. 4, at twelve, at office of Sol., Nurse, King's Lynn Friday 19 Appeal motions and appeals Tuesday 30 Ditto
DAVIES, ALBAN THOMAS, solicitor, Blomfield-ot, Jan. 17, at Saturday. 20 Petitions in lunacy, appeal peti- Wednesday 31 Motions and general paper
three, at office of Sol., Brighten, Bishopsgate-st-without
DENNAST, JOHx, commercial traveller, St. Donatt's-rd, New tions, and appeals
N.B. In Vice-Chancellor Wickens' Court no cause, Cross; Jan. 8, at twelve, at office of Sol., Preston, Mark.la Monday 22 Appeals
motion for decree, or further cousideration can, except EMBLETOX, Johx, ironmonger, Maldon; Jan. 12, at half-past Tuesday 23 Appeals from the County Palatine by order of the court, be marked to stand over, if it be
eleven at office of Messrs. Digby, Lincoln's-inn-fields. Sols.,
Messrs. Digby, Maldon
EVANS, WILLIAM, grocer, Corris ; Jan. 5, at twelve, at office of
Messrs. Griffith, Dolgelly. Sol., Griffith Wednesday 24 Appeals
FRANCIS, ATTWELL, accountant, Heath-field, Marlborough-rd, Thursday 25 Bankrupt appeals and appeals Any causes intended to be heard as short causes
Putney : Jan. 5, at two, at office of Sol., Chialey, Old Jewry Friday
FREYBERG, JAMES, auctioneer, Chester.sq; Jan. 5, at two, at 26 Appeal motions and appeals before either of the Vice-Chancellors must be so marked
oftice of Sols., Linklater, Hackwood, Addison, and Brown, Wal. Saturday. 27 Petitions in lunacy, appeal peti. at least one clear day before the same can be put in the
GALLEY, JOHx, mast maker, Monkwearmouth; Jan. 8, at twelve, Monday 29 Appeals
at office of Rawlings, accountant, Sunderland. Sol., Steel,
Sunderland Tuesday 30 Ditto
GARROD, GEORGE, whitesmith, Teddington; Jan. 3, at twelve, at Wednesday Appeal motions and appeals
office of Sol., Edgell, Clifford's-inn PROMOTIONS & APPOINTMENTS,
GIFFORD, JAMES, victualler, Kidderminster; Jan. 2, at three, at Such days (if any) as the Lords Justices shall be
the Dolphin inn, Kidderminster. Sol., Saunders jun sitting with the Lord Chancellor or the Judicial Committee of the Privy Council are excepted, [N.B.--Announcements of promotions being in the nature GREENWOOD, EDWARD GIDEON, oil warehouseman. Prospect.pl,
Bethnal-green: Jan, 8, at two, ac office of Sols., Tiley and Shen. of advertisernents, are charged 28. 6d. each, for which
ton, Finsbury.pl-south postage stamps should be inclosed.]
HAMILTOX, FREDERICK, ironfounder, Golden-la; Jan. 3, at two,
at office of Sol., Poole, Bartholomew.close Rolls Court.
HARGREAVES, JOHN, sen., and HARGREAVES, JOHX, jun., and MR. SAMUEL HATFIELD, of Manchester, in the
HARGREAVES, GEORGE, commission agents, Over Darwen ; At Chancery-lano.
County Palatine of Lancaster, solicitor, has been Jan. 3, at half past ten, at the New inn, Over Darwen. Sol., Thursday, Jan. 11 Motions and general paper
Costeker, Over Darwen Friday 12 General paper appointed to be a Commissioner for taking Affi.
JARDING, EDWARD, plasterer, Hounslow ; Jan. 4, at two, at 9,
Lincoln's Inn fields. Sol, Marshall Saturday 13 Petitions, short causes, adjourned davits in the Courts of Chancery and Common summonses, and general paper Pleas, and all other the Courts of the said County HARRIS DAVIDE general furniture dealer, Aitchin; Jan. 3, at
, at office of Sol., Monday 15 General paper Palatine.
HENDRA, CHRISTOPHER, greengrocer, Aberavon; Jan. 5, at three
at office of Sol., Tennant, Aberavon Tuesday 16 Ditto
HICKS. HENRY, tailor, Falmouth; Jan. 4, at two, at office of Sol, Wednesday 17 Ditto
Jenkins, Falmouth Thursday 18 Motions and general paper
HIGGIS BOTTOM, RALPII, cotton spinner, Yewtown Disley : Jan. Friday 19 General paper
11, at three, at office of Sol., Hardy, Manchester
HODGSON, ELIAS WILLIAM, plumber, Stoke Newington-rd, and Saturday 20 Petitions, short causes, adjourned
Chapel-st, Sandgate; Dec. 23, at ten, at office of Sol., Dobson, summonses, and general paper
Chancery.chmbs, Qnality.ct, Chancery-la Moaday 22 General paper
HUGHES, FRANCIS LLOYD, innkeeper, Trelogan, par. Llanasa; Thesday
Jan. 11, at eleven, at office of Sol., Davies, Holywell 23 Ditto
Gazette, Dec, 15. Wednesday
HUGHES, THOMAS, builder, Littleworth, near Hednesbury; Jan. 24 Ditto
ELDERTOX, EDWARD MERRICK, and JOHNSOX, GEORGE WILLIAM,
attorneys and solicitors, Pump-ct, Temple. Dec. 7. Debts by M, ut two, at the Anglesey Arms hotel, Hednesford Thursday 25 Motions and general paper Elderton.
HUNTER. JAMES, grocer, Jarrow, and Newcastle ; Jan. 4, at 26 General paper
Gazette, Dec, 22.
eleven, at office of Sol., Wallace, Newcastle
IBBESOX, THOMAS, ginger beer manufacturer, Barnsley; Jan. 4, Saturday 27 Petitions, short causes, adjourned THURSTANS and CARTWRIGHT, attorneys and solicitors, Wolver
at two, at office of Sols., Tyass and Harrison, Barnsley summonses, and general paper hampton. Dec. 18. (John Frederick Thurstans and Bernard
ISONBIRGH, JOSEPH, clothes dealer, Coventry; Dec. 30, at eleven, Monday 29 General paper Talbot Cartwright.) Debts by J. Clark, gentleman, of Wilen
a: ottice of Sol., Barrow, Wolverhampion hall, at 15, Queen-st, Wolverhampton. Tae lay 30 Ditto
KERSHAW, WILLIAM, accuuntant, Liverpool; Jan. 8, at two, at
office of Sol., Bellringer, Liverpool 31 Motions and general paper
KESSLER, LUDW16, innkeeper, Hastings; Jan. 3, at three, at At the Rolls, unopposed petitions must be presented,
ottice of Sol., Philbrick, Hastings
LEE, WILLIAM HENRY, grocer, Holborn: Jan. at two, at offices and copies left with the secretary on or before the
Gazette, Dec. 22.
of Messrs. Green, St. Swithin's-la. Sol., Poole, BartholomewThursday preceding the Saturday on which it is intended
to surrender at Bankrupts' Court, Basinghall-street. they should be heard, and any causes intended to be
LICAS, HENRY, ha'r pin maker, Birmingham; Jan. 5, at three, at BENTHALL, HENRY, quarrier, Norfolk-st, Strand. Pet. Aug. 15. beard as short causes must be su marked at least one
ottice of Sols., Rowlands, Birmingham Reg. Hazlitt. Sol. New, Basinghall-st, Strand. Sar. Jan. 19 NICHOLAS, JOHN, buker, Manchester, Jan. 10, at four, at offices of clear day before the same can be put in the paper to be KING, HENRY, brickmaker, Norwood-la, Dulwich. Pet. Dec. 20. Sol., Addleshaw, Manchester so heir,
Reg. Pepys. Sol. Cooke, Devereux-ct, Temple. Sur. Jan. 9 OLIVER, HANNAH, milliner, Kidderminster; Jan. 5, at two, at
Pet. Dec. 19, Reg. Murray, Sols. Blackford and Co., Great PAGE, JOHạ, chartermaster, Wednesbury; Jan. 10, at twelve, at
offices of Sol., Sheldon, Wednesbury
PREECE, GEORGE WILLIAM, innkeeper, Gloucester ; Jan. 10, at At Lincoln's-inn.
To surrender in the Country.
two, at office of Sol., Jones. Gloucester ALLGOOD, JOHN, farmer, Algarkirk Fen. Pet. Dec. 16. Dep.-Reg. PREEDY, GEORGE, baker, Victoria-st, near Gloucester; Jan. 2, at Thursday, Jan. 11 Motions and general paper Wiglesworth. Sur. Jan. 3
eleven, at office of Sol., Jones, Gloucester Priday 12 Petitions and general paper
ASH, JOHx, miller, Chetwynd-end, and Sambrook-mill, near RIDER, JAMEs, innkeeper, Freemantle; Jan. 5, at three, at the Saturday ...... 13 Short causes, adjourned summonses, Newport. Pet. Deo. 15. Reg. Spilsbury, _Sur. Jan. 11
Crown hotel, High-st, Southampton. Sol., Swayne Southampand general paper
AYERS, JOHN, gentleman, Norwich. Pet. Dec. 18. Reg. Palmer. ton
SAYERS, CHARLES, cheesemonger, Bromell's-road, Clapham ;, Monday 15 General paper
BRANDRETI, FREDERICK LEWIS, no occupation, Taunton. Pet. Jan, 1, at eleven, at ottice of Sols., Messrs. Pearce. Giltspur-st Tuesday 16 Ditto Dec. 20. Reg. Meyler. Sur. Jan. 6
SHERREY, JAN28, bootmaker, Portsea; Jan. 3, at three, at office Wednesday
of Sol,, King, Portsea
CLARK, CHARLES WILLIAM, builder, Aylesbury. Pet. Dec. 18.
SILCOCK, FRANCIS CHARLES, auctioneer, Cheltenham ; Jan. 3, at Thursday 18 Motions and general paper
FRASER, CHARLES, gentleman, Oatlands-pk, Weybridge. Pet. four, at office of Sol., Boodie, Cheltenham
SOUTHGATE, WALTER, corn merchant, Ipswich; Jan. 4, at one, Saturday 20 Short causes, adjourned summonses, LINDAM, CHA RLES JAMEs, Chepsto. Pet. Dec. 19.
at office of Cooper Brothers and Co., accountants, George-sti, Roberts. Sur. Jan. 9
Mansion-house. Sols., Thomas and Hollams, Mincing.la and general paper
PLUMTREE, GEORGE, butcher, Epworth. Pet. Dec. 20. Reg. STACK, DAVID, boot maker, Liverpool ; Jan. 5, at three, at office Monday 22 General paper Wake. Sur Jan. 4
of Sol., Harper, Liverpool Tuesday 23 Ditto
SCOTCHER, CHARLES, coal merchant, Great Yeldham. Pet. STEVENSON, JOHN LESTER, Buckingham-palace-rd, Pimlico; Wednesday 24 Ditto Dec. 16. Reg. Barnes, Sur. Jan. 8
Jan. 4, at three, at 7, Wilmington-eq, Clerkenwell. Sol., Lewis
STEWART, MARY, widow, milliner, Chester; Jan. 11, at two, at 25 Motions and general paper
Gazette, Dec. 26.
office of Sols., Bridgman, Weaver, and Jones, Chester Friday 25 Petitions and general paper
THOM, ROBERT. commission agent, Sutton and Liverpool; Jan.
To surrender at the Bankrupts' Court, Basinghall-street. Saturday 27 Short causes, adjourned summonses,
5, at two, at office of Sol., Bellringer, Liverpool BAYLY, THOMAS, out of business, King Edward-st, Islington,
VERNON, WILLIAM, debt collector, Nottingham; Jan. 3, at
twelve, at office of Sol., Acton, Nottingham
WOOD, WILLIAM, manure manufacturer, Whitby; Jan. 8, a Tuesday 30 Ditto ney-rd. Pet. Dec. 21. Reg. Murray. Sur. Jan. 23
eleven, at office of Sols., Messrs, Buchannan, Whitby Wednesday 31 Motions and general paper
YEOMANS, RICHARD, colliery proprietor, Bucknall; Jan. 4, at To surrender in the Country,
three, at the Railway hotel, Stoke-upon-Trent. Sols., E. & A.
Gazette, Dec. 26.
HELE, GEORGE, organ tuner, Plymouth. Pet. Dec. 20. Reg.
APSEY, JOHN, sen., and APSEY, John, jun., builders, Celbridge.
HENLEY, RICHARD, and HENLEY, JOSEPH, seed merchant, Ash- pl, Westbourne.pk: Jan. 8, at three, at offices of Sol., Kisch, ford. Pet. Oct. 21. Reg. Callaway. Sur. Jan. 19
HILL, CHARLES, tailor, New Malton. Pet. Dec. 21. Reg. Woodall, ATKINSON, WILLIAM, jun., shopkeeper's salesman, Wakefield:
Jan. 6, at twelve, at offices of Fernandes and Gill, Wakedeld
two, at office of $ol., Geich, Guildford paper
THARME, WILLIAM, licensed victualler, Stone. Pet. Dec. 22. BARNES, WILMER BENSON, linendraper, Upper-st, Islington; Monday 15 In Bankruptcy Reg. Spilsbury. Sur. Jan. 11
Jan. 10, at two, at offices of Sol., Bolton, Gray's- inn.sg Tuesday 16 General paper
BELL, IRA, beerhouse keeper, Baildon ; Jan, 5, at eleven, at Heiresciay
offices of J. Gordon, public accountant, Leeds. Sol., Hartley, 17 Ditto
Otley Thursday 18 Motions and adjourned summonses
Gazette, Dec. 19.
BODLEY, WILLIAM, builder, New Swindon; Jan. 3, at twelve, at 19 General paper
DYNE, JOHN EDWARD, builder, Clarendon-villas, Hornsey, June offices of Sols., Kinnear and Tombs, Swindon Saturday 20 Petitions, short causes, and general 10, 1871
BRIDGE, WILLIAM, architect, Fish-at-hill; Ramsgate; and Mar. paper SHORT, GEORGE, builder, Warrington. Oct. 24, 1870
gate; Jan. 10, at twelve, at the Guildhall Coffee-house, Gres.
ham-st. Sols., Treherne and Wolferstan, Ironmonger-la, CheapMonday
Gazette, Dec. 22.
side Today 23 General paper
BELL, JOHN JOSEPH, and HARRIS, HENRY, builders, Hanover-st. BROMHAM, JOnn, grocer, Oswestry; Jan. 9, at one, at offices of Wednesday 24 Ditto Piinlico. Sept. 21, 1871
Roose and Price, Liverpool. Sol. Jones
BROWN, BONHAM CHARLES, saddler, Swansea ; Dec. 29, at eleven, Thursday 25 Motions and adjourned summonses
at office of Sol., Morris, Swansea Friday 26 General paper
BYERS, JOHN, bottle envelope manufacturer, Benlider-st, Poplar; Saturday 27 Petitions, short causes, and general
Jan. 2, at twelve, at 12, Hatton.gdn. Sol., Marshall, Lincoln's.
CHAMBERS, GEORGE, joiner, Barnsley ; Jan. 6, at eleven, at offices Monday 29 In Bankruptcy Tuesday
Sol., Dibb, Barnsley 30 General paper
Gazette, Dec. 22.
COULDWELL, EDMUND, farmer, Deepcar, near Sheffield ; Jan. 9, Wednesday 31 Motions and adjourned summonses ASH, ALBERT, livery-stable keeper, Red Lion-yd, Southampton. at three, at oftices of Sols., Smith and Hinde, Sheffield
row; Jan. 8. at twelve, at office of Sol., Breton, Great Marl- CRAVEN, JOHN, farmer, Harrogate; Jan. 10, at eleven, at offices borough-st, Regent-st
of Sol, Bateson, Harrogate BAMPTON, THOMAS, tailor, New Sleaford; Jan. 4, at twelve, at DAVIES, EDWARD GEORGE, draper, Churchstoke; Jan. 20, at V.C. Wickens' Court. office of Sol., Dyer, Boston
eleven, at the Court-house Inn, Churchstoke. Sol, Jones BAREHAM, DANIEL, proprietor of public baths, Lonsdale-road, DOCKREILL, Jonx, manure dealer, Bingfield-st, Caledonian-rd; At Lincoln's-inn.
Notting-hill; Jan. 8, at three, at office of Sols., Jones and Co. Jan, 18, at two, at 29, Carter-la, Doctors .commons. Sol., Miles Thursday, Jan. 11 Motions and general paper
Lancaster pl, Strand
EDWARDS, JOHN DINGLEY, contractor, Dudley; Jan. 5, at eleven, BARRETT, WILLIAM. coal merchant, Rylatt-villas, Camden-rd, at offices of Sol., Lowe, Dudley 12 Petitions, adjourned summonses,
and Tunbridge Wells; Jan. 8, at half past eleven, at office of the FRANCIS, WILLIAM, solicitor, Birmingham ; Jan. 4, at twelve, at and general paper
Sheepbridge Coal and Iron Co., Limited, Adelaide-pl, London. offices of Sol., Fallows, Birmingham Saturday 13 Short causes, adjourned summonses, bridge. Sol., Cripps, Tunbridge Wells
GARDINER, SAMUEL HENRY, stationer, High-st, and Gloucester. and general paper
BEEBLEY, SAMUEL, printer, Bromsgrove; Jan. 2, at two, at office rd, Lower Norwood ; Jan. 3, at twelve, at 12, Hatton-gen. Sol., o sols., M. and J. J. Corbet, Worcester
Marshall, Lincoln's inn-fields Monday 15 General paper
BOOTH, JAMES, fisherman, Hull ; Jan. 2, at two, at office of Sol., GEORGE, JOHN, grocer, Truro; Jan. 6, at two, at offices of Sol. Tuesday 16 Ditto Summers, Hull
Trevena, Truro Wedgerlay 17 Ditto
BRIARLEY, DAVID, commission agent, Huddersfield; Jan. 4, at GLOAG, ROBERT PEACOCK, cigarette manufacturer, King's rd three, at office of Sol., Mills, Huddersfield
Peckham; Jan. 3, at eleven, at 32, Lupus-st, Pimlico. sol.. Thurslay 18 Motions and general paper
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Jan. 13, at eleven, at ottices of Sol., Jaques, Birmingham
Liquidations by Arrangement. .
silanki, San Es, bootinaker, Portsoa ; Jan. 3, at three, at ofices T pertable ADET WARMER.-Sufferers from coldness
PAROCHIAL, MUNICIPAL, ECCLESIASTICAL AND ELECTION LAW,
HARRISON, Edwin, hatter, Barnsley; Jan. 11, at two, at offices of | PARTRIDGE AND COOPER
THE SILKWORM BOOK; or, SILK. Sols., Tyas Harrison,
and HIGGINS, HENRY, horier, Leeds: Jan. 11, at three, at offices of
Sol., C. F. Baxter, publie aocountant, King-st, Cheapside.
WHOLESALE & RETAIL STATIONERS, and MODE of MANAGEMENT. In demy 8vo., price Durant, Guildhall-chmbe, Basinghall-et HORSHAM, THOMAS, coal merchant, Westbourne-wharf, Padding192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, London, E.
28. 6d., cloth gilt; post free 2s. 8d.
London : HORACR Cox, S46, Strand, W.C. ton: Jan. 3, at three, at offices of Sol., Webster, Basinghall-st Carriage paid to the Country on Orders exceeding 208. JOHNSOX, JAMEX, manufacturing joiner, Birmingham; Jan. 13, at twelve, at offices of Sol., Jaques, Birmingham
(HIFTS and EXPEDIENTS of CAMP KESSHOLE, Joux, fartner, Sandford; Jan. 6, at eleven, at offices DRAFT PAPER, 1«. 6d., 68., 78.,78. M., and 98. per ream.
LIFE, TRAVEL, and EXPLORATION. By W. B. of Sol., Searle, Crediton LONG, JAMES, fish owner, Gorleston ; Jan. 9, at twelve, at office of BRIEF PAPER, 158. 61. 178. 6d., and 238. 6d. per ream.
LORD, Royal Artillery, and T. BAINES, F.R.G.S. The Sol., Cufaude, Great Yarmouth FOOLSCAP PAPER, 10x. 6d., 138. 6d., and 18, 6d. per ream,
work is written expressly for the use of Military and Naval LONGDOX, JOHN, out of business, Duffeld: Jan. 17, at eleven, at CREAM LAID NOTE, 3., 4., and 38. per ream.
Officers, Missionaries, Travellers, and any who may be office of W. Peach, accountant, Derby. Sol. Walker LARGE CREAM LAID NOTE, 4., 68., and 78. per ream.
obliged to "rough it" in Foreign and Savage Countries. MADELEY, ALFRED, anctioneur, Derby; Jan. 8, at eleven, at LARGE BLUE NOTE, 3., L., and 68. per renm.
The work is magnificently illustrated. Price $58. offices of Sol. Flint, Derby ENVELOPES, CREAM OR BLUE, 18. 6d., and 68. 6d., per 1000.
* An inexhaustible volume."--Saturday Review. MCNALLY, JORX, provision merchant, Liverpool: Jan, 5, at two, THE "TEMPLE" EXVELOPE, extra secure, 98. 60. per 1000.
London: HORACE Cox, S16, Strand, W.C. at offices of Sole., Thornley and Heaton, Liverpool
FOOLSCAP OFFICIAL ENVELOPES, 18. 64. per 100. NAYLOR, THOMAS, shoemaker, Cleck heat; Jan. 6, at ten, at The New "VELLUM Wove CLUB HOUSE" Nore, 98. 6d. per officer of Sol., Rhodes, Brariford
HE DOGS of the BRITISH ISLANDS : ream. NEIGHBOUR, SOPHIA, and NEIGHBOUR, WILLIAM, tailore, Wind.
History and sor: Jan. 10, at four, at the Castle Hotel, Windsor. "We should direct particular attention to their New Club.
Edited by Sol.,
" STONEHENGE. Stollard, Serjeants'.inn, Chancery la
Profusely Illustrated. Crown Ato. house Paper: in our opinion it is the very best paper we ever
price 16s. The above work may be had in the following NEWELL, FRANCIS, innkeeper, Ennerdale : Jan. 5, at twelve, at wrote upon."--London Mirror. Office of Sol, Atter, Whitehaven
parts: OLIVE, WALTER AUGI'STI's, en mal furnishing Ironmonger,
Dogs USED WITH THE Guy price 58.).
COMPANIONABLE Dogs price 35. Gd.'.
HOUNDS AND Toy Dogs (price 78. 61 ). office of Sol., Feltham, Port-ca
or thirty folios, 18. 8d. and 18. 9d. per skin, 208, per dozen. PENZER, TIOMAS, out of business Wyn'l : Jan. 10, at eleven, at Seconds or FOLLOWERS, Ruled 18. 60. each, 178. per dozen.
London: HORACE Cox, 216, Strand, W.C. offices of Sols., Daignan, Lewis, and I wis
RECORDS or MEMORIALS, 6d, each, je, per dozen. POLLARD ALFRED, cabinet maker, Vallfix; Jan. 9, at three, at
EAUTIFUL POETRY: being a Careful offices of Sol., Boocock, Halifax PRIME, WILLIAM, grocer, Wrentham: Jan. 8, at twelve, at offices LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER OG MINUTE-BOOKS of Sol., Archer, Lowestoft
and Present Ages, both English and American. In Six An immense stock in various bindings.
Series Price of the Series complete, 335. plain cloth; and RANDALL, SAMUEL, nurseryman, Exeter; Jan. 11, at one, at the Queen's Hotel, Queen-st, Exeter. Sol, Vanghan
Hus, cloth vilt and gilt edges. Each volume may be had RHODES, ROBERT RADNALL, clerk, Liverpool; Jan. 13, at two,
ILLUSTRATED PRICE-LIST of Inkstands, Postage Seamles separately for is. 6d. cach, plain cloth; and 78. éd. each, at office of Sol., Hindle, Liverpool
cloth gilt and gilt edges. SAUNDERS, FREDERICK, builder, Gloucester-rd, South Kensing.
Walnut Stationery Cabinets, and other useful articles ton; Jan. 4, at three, at offices of Smart, Snell, and Co., acadapted to Library or Office, post free.
London: HORACE Cox, 10, Wellington-street, Strand, W.C countants, Cheapside. Sol., Miller, Gracechurch-st SHARROCKS, JAMES, cotton manufacturer, Rochdale; Jan. 17, at
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, or Second and Cheaper Edition. Plain cloth, 13.; cloth gilt,
18. 6d. of Sol., King, Portsea SISSONS, HENRY, plumber, Sheffield; Jan. 8, at three, at offices of the extremities or languid circulation should test this London: HORACE Cox, 10, Wellington-street, Strand, W.C of Sol., Clegg, Sheffield
neat and improved article for imparting heat, surpassing the SNOW DOX, WILLIAM, tobacconist, St. Panl's-churchyard ; Jan. 4, at twelve, at 12, Hatton.gdn.
CHURCH Sol., Marshall, Lincoln's.inn.
antique water bottle, inasmuch as a uniforın heat for an
indefinite period can be retained at an infinitesimal cost. fields SOLOMON, JOSEPH, jeweller, Hanley : Jan. 5, at eleven, at offices
Especially valuable for railway travelling, the carriage, or Descriptions of the most beautiful Churches of Europe, of Sol., Sutton, Burslem
study. Light, portable, and ornamental. - To be obtained of their Furniture and Decorations, Illustrated with Sixty SPEIGHT, SARAH AXX, licensed victualler, Wakefield, Jan. 5, at
all leading Furnishing Warehouses, Drapers, Chemists, in beautiful Wood Engravings. Fcap folio, cloth, price 8s. Ed.; three, at office of Sol., Burrell, Wakefield imitation sealskin, Price 218.
free by post for fifty stamps. SPRINGETT, DANIEL, dairyman, Hargrave-rd, Upper Holloway; Jan. 3, at three, at offices of Sol., Layton, jun., Gresham.st
Sole Manufacturers, SPENCE and CO., 6, Leather-lane, E.C. London: HORACE Cox, 10, Wellington-rtreet, Strand, W.C STEVENS, ELWIN KXILL, silk mercer, Nottingham; Jan. 12, at
twelve, at offices of Sols., Cranch and Rowe, Nottingham STOTT, SAMUEL, cotton spinner, Rochdale; Jan. 9, at two, at the
Recently published, price 21s., Clarence Hotel, Spring-gardens, Manchester. Sol., Stott, Rochdale TAY, WILLIAM, butcher, Birmingham; Jan. 8, at twelve, at office A DIGEST OF ALL THE CASES
of Sol., Green, Wolverhampton THORNTON, RICHARD, manufacturer, Raetrick: Jan. 10, at three, at offices of Sols., Messrs. Learoyd, Huddersfield
DECIDED BY ALL THE COURTS UPTON, WILLIAM, hatter, Manchester ; Jan. 10, at eleven, at offices of Sol., Pallan, Leeds
Hatton-gdn. Sol., Marshall, Lincoln's inn-fields
twelve, at the Chamber of Commerce, Cheapside. Sol., Page,
Offices of Sols., Melsrs. Murley, Bristol
three, at offices of Sols., Sale, Shipman, and Seddon, Manchester WOODCOCK, THOMAS, printer, Brighouso: Jan, 12, at three, at the Royal Hotel, Brighouse. Sol., Barber, Brighouse
DURING THE LAST TEN YEARS.
Gazette, Dec. 19.
This MAGISTRATES' LAW DIGEST comprises several hundreds of Cases, arranged under PAINE, JOHN HENRY, Holly-st, Dalston, formerly farmer
the following heads : Gazette, Dec. 22.
BEDFORD LEVEL ACT.
PUBLIC COMMISSIONERS. GAOL.
BEGIN, RIGHT TO.
PUBLIC HEALTH ACT.
HABEAS CORPUS. ton, first, 18. 10d.
¡ QUO WARRANTO. Kinnear, Birmingham.-Lloyd, L. timber merchant, first, 4jd.
BOARD OF WORKS.
HACKNEY AND STAGE CARRIAGES. REFRESHMENT HOUSE. second, 32d. Kinnear, Birmingham. - Mills, W. coal master,
REPLEVIN. second, 1d. 13-32nds. Kinnear, Birmingham.-Morgan, A. boot
ROAD. first, 21. Harley, Bristol.- Reed, J. B. ship chandler, second, 21.
HOLBORN VALLEY IMPROVEMENT SABBATH BREAKING.
SEA-SHORE. scrivener, second, ls. 21. 15.16ths. Kinnear, Birmingham-wel
SEQUESTRATION. stead, S. grocer, first, 3d. Harley, Bristol.- Woakes, H. L. corn
INDUSTRIAL AND PROVIDENT SO. | SESSIONS. merchant, first, 7d. Kinnear, Birmingham.
SOUTHAMPTON PIER ACT. Liverpool.-Hills, J. miller, first and final, 9fd. At offices of Sols.
CHURCH BUILDING ACTS.
STAGE PLAY. gentleman, id. At Trust. J. Hart, 23, Newborough-st, Scar
LAND TAX. borough.
LIGHTING, PAVING, AND WATCHING. SUPERSTITIOUS USE.
THAMES CONSERVANCY ACT. BIRTHS, MARRIAGES AND DEATHS.
THAMES EMBANKMENT ACT.
LONDON CITY IMPROVEMENT ACT. TITHES. of C. W. Bardswell, Esq., barrister At-law, of a son.
LORD'S DAY OBSERVANCE ACT. TOWN COMMISSIONERS ACT (IREBARKER.-On the 21st inst., at Grosvenor-villa, Kingsland-road CONVICTION,
TOWNS'IMPROVEMENT ACT. HARPER.-On the 25th Inst., at Hatton-house, Cheshunt, the wife CORPORATION.
TOWNS POLICE CLAUSES ACT. of Mr. Thornas Etheridge Harper, solicitor, of u son.
MARKETS AND FAIRS.
TRUCK AOT. solicitor, Brierley-hill, and Greenbank, Wordsley, Staffrodshire, COUNTY RATE.
MASTER AND SERVANT.
TURNPIKE. of a son.
METROPOLITAN BUILDINGS ACT. VAGRANT a daughter.
METROPOLIS GAS ACT.
VESTRY. wife of Edward P. Monckton, Esq., barrister-at-law, of a son. CRUELTY TO ANIMALS.
METROPOLIS LOCAL MANAGEMENT VEXATIOUS INDICTUENTS ACT. PINCKNEY.-On the 23rd inst., at The Chesnuts, Lansdown, Bath, CUSTOM the wife of Erlysman Pinckney, Esq., barrister-at-law, of a son.
WATCHING, LIGHTING, AND PAVING.
WATERMAN AND LIGHTERMAN. AGAR-DALE-On the 20th inst., at Bushey, Herts, William Talbot DISORDERLY HOUSE.
WATERWORKS. Agar. Esq., Lincoln's-inn, barrister-at-law, to Ethel Headington, DISTRESS.
MUSIC AND DANCING.
WAY (RIGHT OF). youngest daughter of Clement Dale, Esq., the Manor house, DOVER GAS COMPANY'S ACT. MUTINY ACT.
WEIGHTS AND MEASURES.
WORK AND LABOUR. Priory house, Gloucester, aged 61, Samuel Mayer. Eeq., solicitor ELEGIT.
OVERSEERS. (retired), and for 2 years, Clerk to the Boari of Guardians of the Gloucester Union, and Superintendent Registrar of Births, Deaths, and Marriages for the same district. WILLIAMN.-On the 22nd inst., Mr. Lewis Walter Williams, solici.
to the Publisher; or it may be had by order through all Booksellers. tor, of 21, Burton-road, Brixton, and 1, Walbrook-buildings, city, ed ei
LONDON : HORACE COX, 10, WELLINGTON-STREET, STRAND, W.C.
By EDWARD W. COX, Serjeant-at-Law, Recorder of Portsmouth.
NOTICE.--A Copy will be sent post free to any person forwarding a post-office order for the amount
To Readers and Correspondents.
We are informed that Lord Cairns, as chairman of the Judicature Commission, has signed a report recommending that the number of County Court Judges should be reduced to thirty.
S. K. W.-You must really judge for yourself. We are not aware what salaries are ordinarily paid to the officers you name, but a letter to this journal might
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THERE were 12,000 contentious matters disposed of in the London Court of Bankruptcy during the year 1871, of which 7000 were dealt with by the Registrars, and the remainder by the Chief Judge. We are glad to see that the Warwickshire Court_of Quarter Sessions has determined to take action against the Treasury in respect of the reductions made in the costs allowed in criminal prosecutions. It is curious that in the teeth of the expressed opinion of the Court of Queen's Bench the Treasury should continue to pursue a wholly indefensible policy, and it should be opposed by every county in England.
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CON TEN TS.
The Manchester Law Students' Society has come to a resolution which must encourage study among its members. In altering the rules of the society it has been determined to devote all fines and such sums of money as may be agreed upon to form a prize fund, which is to be spent in the purchase of books to be presented to those of the members whose names shall from time to time appear in the Honour List of the Incorporated Law Society at the final examination. This is an example which may be wisely followed.
044 Er part CLOCGH; Re INGHAM Bankruptcy Act 1801, ss. 194, 197-Deed of inspectorship
616 Es parte POLLAND; Re CHERRY
Bankruptcy Act 1809, s. 92-Fraudulent preference
(LIMITED); CLAIM OF THE EUROPEAN
Practice-Motion ordered to stand over
COURT OF COMMON PLEAS. TETLEY AND ANOTHER V. SHANDPrincipul and agent-Broker
658 YOBTH BRITISH ASD MERCANTILE IN. L'HUECO. . MOFFAT AND ANOTHERInsurance-Construction
Collastun--casure of damages
The Profession cannot regret that the Government has resolved to pay its law officers by salary, and 70001. and 60001. per annum respectively must be considered a handsome allowance for noncontentious business. Indeed, it is hard to understand why the stipends of the law officers should be thus liberal when a small addition to the salaries of Judges of the appellate court has been refused. The action of the Government is controlled in such matters by considerations which we should not attempt to comprehend. The probability is that it was found that the sums named were the lowest that would be accepted by competent men, the appointments, unlike Judgeships, being temporary.
Bills of Sale Act and Apparent Owner. ship........
170 Indecency in the Public Press.
171 Crime and its Punishments
171 The Scotch Courts ...
172 ESTATE AND INVENTMENT JOURNAL:Stock and Share Markets..
173 Public Companies
173 Reports of Sales
173 SOLICITORS' JOURNAL:Notes of New Decisions
173 Irish Practice Cures
173 INTERNATIONAL LAW:
The Anglo-American Arbitration ..........
175 Liverpool Drunkenness and Disorderly Houses
175 Borough Quarter Sersions
176 Dartford Petty Sessions
176 COMPANY LAW:Notes of New Decisions
176 MERCANTILE LAWNotes of New Decisions
177 LAW STUDENTS' JOURNAL :Hilary Educational Term 1872
177 Gentlemen who passed the Final Exami. nation
177 COUNTY COURTS: Birkenheud County Court
178 - Birmingham County ourt
178 Salisbury County Court Tunbridge Wells County Court
173 BANKRUPTCY LAW: Notes of New Decisions
179 Birkenhead County Court
370 Derby County Court ........
179 Huddersfield Bankruptcy Court.
180 Newcastle County Court
181 Shettield County Court....
181 CORRESPONDENCE OF THE PROFESSION... 182 NOTES AND QUERIES ON POINTS OF PRACTICE
182 LAW SOCIETIES:
Solicitors' Benevolent Association.... 183 Manchester Law Students' Debating So. clety
183 Hull Law Students' Society
183 LEGAL OBITUARY
183 LEGAL NEWS
183 THE COURTS AND COURT PAPERS:Sittings and Cause List for Hilary Term 1672
183 PROMOTIONS AND APPOINTMENTS
185 THE GAZETTES
186 BIRTHS, MARRIAGES, AND DEATHS
SHORTT'S LAW RELATING TO LITERATURE, &c. HE LAW relating to WORKS of LITERATURE and ART; relating to Contracts between Authors, Publishers, Printers, &c., and the Law of Libel, with the Statutes relating thereto, Forms of Agreements between Authors, Publishers, d., and Forms of Pleadings. By JOHN SHORTT, LL.D., of the Middle Temple, Esq., Barrister-at-Law. Price 2:18. cloth.
London : HORACE Cox, 10, Wellington-street, Strand, W.C.
Law, Conveyancing, and Eqnity, from the commencement of the Examinations in 13.to.17, with ANSWERS : also the Mode of Procceding; and Directions to be attended to at the Examination. By RICHARD HALLILAY, Esq., Author of "The Articled Clerk's Handbook, Sixth Edition. By GEORGE BADHAM, Esq., Solicitor. Price 168. cloth.
London: HORACE Cox, 10, Wellington street, Strand, W.C.
The Inner Temple have appointed their tutors for the current year, and students who may be desirous of receiving instruction from them are requested to notify the fact to the 'sub-treasurer. We have intimated our doubts as to the possibility of two sets of lectures going on concurrently and successfully; and we shall be curious to know what number of students submit themselves to the Inner Temple tutors, and what effect the Inner Temple classes have upon the classes of the Council of Legal Education. The only inducement to students to join the latter consists in the prizes ; but will anyone attend lectures which are not necessary to a pass to secure the chance of obtaining a small scholarship We anticipate that the classes of the Council will cease to prove selfsupporting, supposing that they have ever been so; whilst, on the other hand, the tutors of the Inner Temple will have to display more than ordinary skill and capacity if they wish to render their lectures popular. Attendance on any classes being altogether optional, students may take their own course, and we anticipate that the majority will elect to educate themselves or employ private tutors. With all the awkwardness and none of the ingenuity of Conservatism the Globe has discovered what it conceives to be some sensible objections to the educational scheme of Sir ROUNDELL PALMER. This journal admits “ that an examination, and a severe one, is highly essential to be applied to a qualifying student," but adds, “let us consider whether there are not means available less sweeping, less irritating (sic) to the Inns of Court, and, at the same time fully as effective as those which the proposition we are discussing embraces, to ensure the lawyers of the future knowing something of their profession." Our contemporary conceives that articled clerks are sufficiently well looked after at present, but says that should they wish to found their own college let them found it at their own expense “and not make the Inns of Court a cat's-paw for their advancement.” This sage writer then remarks that there is no reason why the two professions should be amalgamated, observing that "it is as absurd to contend that a student of one of the Inns of Court cannot make a well. informed barrister, without studying under the same roof with embryo solicitors, as it would be to affirm that no student attend. ing the metropolitan hospitals could qualify as a surgeon or physician without previously studying at a university together with intending members of a pharmaceutical society.'
What a blundering misapprehension of Sir R. Palmer's scheme is here revealed! Who ever thought for a moment that it was considered as an essential principle of the scheme that a Bar student should study with an articled clerk? The only question raised has been whether any harm could result from their studying in the same school, and it has been considered as likely to prove advantageous. It is much to be deplored that a public journal of some pretensions should take so little pains to place a great scheme iu is proper light before the public.
NOTICE.-NOW PUBLISHING. A GENERAL INDEX to vols. 11 to 20 of the Law TIMES REPORTS, New
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The Law and the Lawyers.
Mr. Ellis McTaggart succeeds Mr. BLAINE as Judge of the Marylebone County Court. The learned gentleman has a good reputation and considerable experience as a Judge. Mr. HARINGTON, the recently appointed police magistrate, will, it is said, succeed Mr. McTaggart as Judge of Circuit 31, which includes towns in Bedfordshire, Buckinghamshire, Lincolnshire, and Northamptonshire.
VOL LII.-No. 1501.
The Lord CHIEF JUSTICE of England would appear to be taking upon himself an amount of extra-judicial labour, which he may perform successfully, but which cannot be assumed without suggesting that it may to a degree interfere with his ordinary duties. There is a period in the lives of most public men when they tire of the monotony of one line of conduct, an eminent illustration of this eccentricity and the evil results entailed being afforded by Lord BROUGHAN. As head of the Common Law Courts Sir ALEXANDER COCKBURN can scarcely be called inferior to any of his predecessors, but the variety of the characters which he is assuming seems to indicate a restlessness and want of contentment with his success in his peculiar department. He is now, in addition to being a Judge, an arbitrator in an international dispute of vast proportions; he has lately appeared as a pamphleteer on Naturalisation and Law Reform; as a scolder--fortunately for him, with success-of the Government on its judicial appointments; as a poetical translator; and now we are informed that he has "undertaken to sum up, in a series of articles in the Academy, the whole of the circumstantial evidence respecting the authorship of the · Letters of Junius,’including that of handwriting.”. We can hardly say that this is too much for an active and versatile intellect, but we hope the learned Judge will be convinced that he has done enough extra-judicial work to satisfy his ambition for a considerable time to come.
provided “that a meeting of creditors shall not be competent to act for any purpose under the Act (except the election of a chairman, the proving of debts, and the adjournment of the meeting), unless there are present or represented thereata quorum of at least three, or all the creditors if their number does not exceed three;" but it is entirely silent as to the amount of debts which must be represented. Three creditors with debts amounting to 31. only may, for aught which appears, have the same power as a similar number whose debts amount to 30,0001. Three creditors, therefore, constituting a legal meeting, what is to preclude them from exercising all the rights conferred by the Act?
In the case under discussion, the three creditors who attended were unanimous, and as was very well put by Mr. Serjt. Wheeler in the case of Re Franckel (LAW Toes, Vol. xlix. p. 114), to which the learned Judge alludes, " where the creditors are all of one mind, then the question of majority does not arise, and the resolutions are perfectly valid, though passed by a number of creditors the debt of each of whom does not exceed 101." The object, as it appears to us, of precluding creditors under 101. from counting in number is to ascertain the real feeling of those creditors who have the greatest interest in the affairs of the debtor, and to prevent a large number of creditors under 101. defeating the object of the meeting and neutralising the wishes of three-fourths in value of the creditors. In fact, this provision was intended to be the test only of the feeling of the creditors, and nothing more. But where there is no question as to the wisiies of those assembled, and they are unanimous in their views, there is no such test required. In these conclusions we are happy to agree with those expressed by Mr. Serjt. Wheeler in the case cited, and we think, as a matter of taste, where one of the sixty-three County Court Judges cites the decision of his colleague, it should be with a view to uphold its authority, rather than, as in the present case, upon so shallow a basis to question its correctness.
LAST week the Liverpool borough magistrates held a meeting at which the means of repressing drunkenness were discussed at some length, and during
the course of the meeting a proposition was put forward which deserves some attention. Mr. ROBERTSON GLADST ONE expressed his intention of attending at the policestation on Sunday mornings for the purpose of fining and releasing those persons confined there on charges of drunkenness. Mr. GLADSTONE further stated that he proposed to communicate the names of the persons so released to the newspapers, one of whicla, at least, was willing to publish them. With respect to the releasing of such persons we can see no objection to the course proposed. No doubt some people will say that if a man chooses to get drunk on a Saturday night he deserves no sympathy, and ought to be locked up till Monday morning; but if it is possible to release him on the Sunday, why should he be kept in prison longer than the man who gets drunk on the Friday, and is rcleased on the Saturday? The offence is the same, and the punishment ought not to be greater. Further, the cost of keeping a man over the Sunday should be taken into consideration. With regard to the publication of the names, another question arises. It does not seem to be suggested that a reporter is to attend at the prison on the Sunday morning, but that the magistrate himself is to give the names to the newspaper for publication. Now, a magistrate can only do this in one of two capacities, as a magistrate inflicting a penalty, or as a newspaper reporter. If the magistrate causes the names to be published as part of the punishment inflicted, he exceeds his powers, and we are by no means clear that a person aggrieved would not have a remedy against him. If an action were brought against the magistrate for libel he could of course plead the truth of the statement appearing, but he would also have to plead that the publication was for the public benefit, and it is, to say the least, doubtful whether such a plea could be substantiated. A magistrate would also render himself liable to an action by a person whose name is so published if any injury results, as for an illegal act done under the colour of his office, always supposing that the publication is done as the act of a magistrate. On the other hand, we do not think that Mr. ROBERTSON GLADSTONE, or any other magistrate, would like to combine the two offices of justice of the peace and police court reporter, and we do not think that if proceedings were originated against him he would be able to persuade any person that he was following the latter occupation. We think the Liver. pool magistrates would do better to persuade the papers to provide their own reporters, if they should continue to be of opinion that it is desirable to let the world know how many people have been drunk in Liverpool on a Saturday night.
BILLS OF SALE ACT AND APPARENT OWNERSHIP.
Ec-parte HOMAN. AFTER much discussion and litigation in reference to the effect of the “order and disposition" clauses of the Bankruptcy Acts in invalidating registered bills of sale as against the assignee or trustee in bankruptcy, we have been accustomed to consider the law as settled on the two following heads, viz.: First, that a bill of sale did not, by registration under the 17 & 18 Vict. c. 36, become exempt from the doctrine of apparent ownership (Stansfeld v. Cubitt, 2 De G. & J. 222 ; Badger v. Shaw, 1 L. T. Rep. N. S. 323; 6 Jur. N. S. 377); and secondly, that the limited ownership of the mortgagor of chattels under a mortgage deed which redemised the same to him, or stipulated that he might retain possession until notice, was insufficient to exclude the doctrine: (Spackman v. Miller, 12 C. B., N. S., 659.) Resting in this faith, and fortified in the same by the opinion arrived at by Mr. Davidson after an able review of the authorities (2 Conveyancing, 709-714, 3rd edit.), we could not help feeling in some degree disquieted the perusal of a case (Ex parte Homan, Re Broculbent, L. Rep. 12 Eq. 500), recently decided by Sir James Bacon sitting as Chief Judge in Bankruptcy, which, if law, is entirely subversive of the second of the above conclusions. In this case a bill of sale tras exccuted in July 1870, in accordance with an agreement made in Oct. 1868, and the grantor filed a petition for liquidation on the same day, but after the execution of the bill of sale, which was registered within twenty-one days. The money owing on the bill of sale appears to have been made payable on demand, and there was a proviso that the mortgagor should have the quiet enjoyment of the chattels until default. It was held by the Chief Judge that the bill of sale was not a fraudulent preference, a conclusion which, having regard to the date of the agreement on which the bill of sale was founded, was probably unimpeachable; and also that,
according to the recent case of Ashton v. Blackshaw (L. Rep. 9 Eq. 410; 22 L. T. Rep. N. S. 197), the order and disposition clause of the Bankruptcy Act does not apply.
We beg leave here to remark that the case of Ashton v. Blackshaw does not decide the point at all, though it does contain a dictum of Vice-Chancellor Malins obiter, and irrelevant to the case before him, to the effect that there are words in the statute which clearly imply that a bill of sale is not void as against assignees in bankruptcy and insolvency if it is registered, and provided the possession is consistent with the deed. The decision in Spackman v. Hiller does not seem to have been brought before the notice of Vice-Chancellor Malins, when he uttered the above dictum, and the implication which in his view is clear, is entirely disposed of by the reasoning of the late Mr. Justice Crompton in his judgment in Badger v. Shaw (ubi sup.). The case of Spackman v. Miller, and the analogous but somewhat weaker one of Freshney v. Carrick (1 H. & N. 653), were both pressed in the argument before Sir James Bacon, but were by him ignored or disregarded. The effect of the law enunciated in Spackman '. Miller unquestionably is to discourage and deter those who might otherwise be disposed to lend on the security of personal chattels
, through the risks attendant on the mortgagör's bankruptey, where he is permitted to retain possession. Thus the rule operates very
PETITIONS FOR LIQUIDATION. In our issue of the 30th ult., a case is reported from the Halifax County Court in which the learned Judge, Mr. Serjt. Tindal Atkinson, deals with a moot point of bankruptcy practice. It appears that at a first meeting under a petition for liquidation, three creditors only attended, whose individual debts were under 101. They unanimously passed a resolution to liquidate by arrangement, and for that purpose appointed a trustee, but that resolution, on being presented to the court, was refused registration on the ground that, being a special resolution, it required the votes of a majority in number of the creditors whose respective debts exceeded 101., as well as three-fourths in value. That objection the learned Judge on appeal sustained. He observes in his judgment that the court can only take cognizance of resolutions signed by a “statutory majority of the creditors assembled at the meeting, and that in this case no such statutory majority existed.”
Now it appears to us that the learned Judge has forgotten to consider what constitutes a meeting. By Rule 93 it is