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9

JAN. 6, 1872.j
THE LAW TIMES.

train in the shop shortly after six, he has suid interpretation of these was, that under the cir- | 125th and 126th sections of the Bankruptcy Act
that which is untrue ?-Witness: It is wrong. cumstances of this case tho court had the power 1869. The creditors' meeting was fixed for the

Whatman.-What is the usual time for arriving to grant relief. He further referred his Honour 10th April ; bat, no resolutions being passed, that at market ?-Witness: Five o'clock.

to the case of Ei parte Woolridge (31 L. J. 122, meeting was abortive, and the proceedings under Whatman.--You say the meat was not hanging Q. B.), which was an application for a mandamus the liquidation fell to the ground. Messrs. Evans op. Whose fault was that?-Witness: I don't against the Royal Nelson Lodge of Odd Feilows to and Lockett were the bankrupt’s solicitors in this know. I did not notice any hooks in the van.

I reinstate ono George Woolridge as a member of matter, and Mr. Wason now applied that their bare had to do with cattle, but am not a butcher, the order; also to Hill v. Jacfarlane (27 L. J. costs should be paid out of the estate of the bank. and am not acquainted with cattle disease. It is 11, C. P.), showing that the plaintiff was a party rapt. They had been taxed by the registrar at not usual for quarters of beef to be hung up. instructed, and that where the case had not been 171. 188. 41. 101. had been paid Messrs. Evans and

His Honour said the meat was evidently properly considered and inquired into, the court Lockett by bankrupt's mother-in-law at the comknocked about, and deteriorated in appearance had jurisdiction.

mencement of the proceedings. by the defendants' improper treatment of it.

Simpson argued that in the case of Denton, and Wason cited rule 292, which provides “where Haines. Will your Honour grant a case ? Marshall, which was later than that of Woolri lye, bankruptcy occurs pending proceedings for or

His HONOUR.—You are entitled to it if the it was held that where the rules of the society towards liquidation by arrangement or
Ferdict is above 101.

provided for the decision of disputes in 2 mode position with creditors, the proper costs inWhatman.-Withont the money paid into court therein prescribed, then the County Court Judge curred in relation to such proceedings shall be it will not be above 101.

had no jurisdiction. And this was perfectly obvi- paid by the trustee under the bankruptcy out His HONOUR.—But it is a case standing on the ous, because the intention of the Legislature was of the debtor's estate, unless the court shall records of the court as above 10L.

that these societies should have self-government. otherwise order,” and sect. 11 of the Act, which With regard to the value of the sheep, Whatman After replying to the learned counsel's remarks as defined the commencement of the bankruptcy, in submitted that his client was entitled to recover to the case of Woolriilge, Jr. Simpson contended support of his argument. the price that was current at the time in Salisbury. that plaintiff, having been heard by the committee Wheeler contended that, as the costs of the Mr. Day had sworn that ho gave 10.1. a pound for and expelled, he was no longer an interested party, solicitor in the matter of the trader - debtor joints all round, and that two days afterwards he and that his Honour had no jurisdiction.

summons and of the petition had already been gare 94 1. a pound for an entire carcase.

His HONOUR said he should act npon that case, paid out of the estate, to burden the estate His HONOUR said in the case of the rabbits, he and would now hear the facts.

with another set of costs would be a hardship; did not think there was such a fraud as to

and though the question was one entirely in ritiate the contract. With regard to the beef, he

the discretion of the court, he urged the judge was of opinion that a delay of two hours was not

should not, in fairness to the creditors, allow

BANKRUPTCY LAW. a reasonable delivery. Every bye-law must itself

the bankrupt's solicitors the costs they asked. be reasonable; and seeing how important it was

He further urged that the language under rule to catch a market, he did not consider the de. VOTES OF NEW DECISIONS. 292 of “pending proceedings could not assist livery in question a reasonable one. As to the

DEMURRER--CREDITORS' DEED-PARTIES-AL- the applicants, for those proceedings had been badness of the meat he did not attach much im LEGATION-CONVICTION OF FELONT-REGISTRA. abortive and were dead, and were not the act portance to the casual observation of the men at the market to the witness Oliver. As to the

sheep, filed in 1871 alleved that, previously to a debtor's made.
TION IN BANKRUPTCY-LAPSE OF TIME. A bill of bankruptcy on which the adjudication was

He produced a report of a decision of he thought the plaintiff was entitled to recover the conviction for felony, by an indenture made in 1962 Mr. Daniel, County Court judge of Burnley, who full amount claimed.

between himself of the ürst part, a trustee of the had allowed costs to the solicitors in liquidation, Haines.- Your Honour will allow me a case ?

second part, and the several other persons whose where bankruptcy had followed the petition, and His Honour.— Yes. You are entitled to it, but names and seals were, or were intended to be, which had been allowed by that judge under the what are your grounds of appeal ?

thereunto subscribed and set, being respectively rule namea. He, however, differed from that Haines said he was satisfied with his Honour's creditors of the debtor of the third part, the debtor judge in his conclusions, and stated the point was finding in regard to the sleep. In the other cases, assigned all his personal estato and effects to the entirely new, and one on which no decision had as he should ground his appeal upon the fact that trustee upon trust in favour of his creditors; and yet been made. the plaintiff had no locus standi.

His Honour reserved his decision. that the said indenture was duly executed by the His Hoxdur.-I am not infallible by any means. debtor and the trustee, and registered uuder the

Dec. 23.--His HONOUR said this was an appli. I

may be wrong; but I am pretty clear upon the 191th section of the Bankrupicy Act 1861 ; and cation for the costs out of the haukrupt's estate of subject. the bill prayed for a declaration that the defen

an abortive petition for liqulation which was not He considered himself entit od to a fee for attends for the debtor, was a trustee of the house in Haines said, then as to the question of costs. Gant, who had, in 1835, purchased a house in trust presented until after the insolvent lind been served

with a debtor s summons which terminated in bank. in the last court, the plaintiff having taken question for the trusteo of the dec). On demurrer, ruptcy. It was admitted that the granting or advantage of the adjpurament to introduce is lot for wint of equity and of parties : Held (reversing refusing costs is entirely in the discretion of the of fresh evidence. the order of the Master of the Hollo), that al.

court, but I was properly reminded that “ judicial Whatman.-- No. Day and Goddard were both though there was no sufficient allegation in the discretion" means something more than arbitrary in the box. The adjonrnment was obta nel at the biil that the deed was executed by any crelitor, will and pleasure, and onght to he exercised upon instance of my friend, who insisted on haviog the still it did alleye ait assignment to the plaintiff, some well-considered principle. I real rule 292 :15 man here who sold the hares and rabbits. A verdict was then entered for the plaintif for had the property in their possession, and there was and thaï enabled him to suc third persons who an encouragement to parties who tiid themseives

in failing circumstances to anticipate any hostile 171. odd, and enough on the bill to require an answer. A trustee

movement of creditors, by proposing to pay them His Honour ordered each party to pay their may sue to recover the fund for the benefit of all all pro rota as large a composition as the estate Onu costs as regarded the firet day.

persons interesed in the trust without making his will adnit of ; for, even though the petition for cestuis que trust parties : (Glegi v. Rees, 25 L. T. liquidation may be fruitless, it is plainly intimative Rep. N. S. 612. L. C.)

that in such a caso, and as a general rule, the TUNBRIDGE WELLS COUNTY COURT. BANKRUPTCY ACT 1869, ss. 23, 31-LANDLORD costs ought to be allowed ont of the estate; Thursday, Dec. 14. AND TENANT DISCLAIMER OF LSASE

whereas if it be a mere expriment to era le (Before J.J. LONSDALE, Esq., Judge.) TRUSTEE-INJURY INFLICTED BY DISCLAIMER creditors, and if it is not suecessful, the costs, in

the consequences of steps already taken by CHAPMAN v. WALLIS.

--LESSOR'S RIGIIT OF PROOF.-The trustee of a
bankrupt's estate disclaimed, under the 23rd sec.

the absence of something exceptional, would not
Frierully society-Jurisdiction.
tion of the Bankruptcy Act 1809, an agreenzent

as a general rule be allowed. Such would be my This was a claim of 501. or an order to be rein- entered into by the bankrant, prior to his mode of dealing with this application if it were stated as a inember of the Southborough Friendly bankruptcy, to take a lease of certain shops for a

not that on reference to the file of proceedings, I Society, of which the defendant is secretary. term of years. Held, that the lessor was entitled find that there are exceptional circumstances

Biron (instructed by Palmer, of Tunbridge), under the 23rd section of the Act, to prove against which for a portion, at all events, of the costs of appeared for the plaintiff.

the bankrupt's estate for the difference between the lattempted liquidation, would seem to me to Thomas Foc Simpson appeared for the defen- the rent reserved by the agreement, and the stop the creditors from objecting.

The same dant.

present letting value of the premises for the solicitors who now represent the trustee and matter" came before the court on a former occa- object of the Bankruptcy Act 1869 considered : Client's debt; it does not appear that they obBiron, in opening the case, explained that this residue of the term. The general purview and object to the allowance, issued ihe debtor's sum.

mons, with a view probably of securing their sion, and up to a certain point it had been dis- (Ec parte The Llynri Coal card iron Company; jected to the proposed proceedings by liquidation cassed; but some cases had been discovered in Re Hide, 25 L. T. Rep. N. S. 609. L. JJ.) which it seemed doubtful whether his Honour had

instead of bankruptcy. Their acquiescence may jurisdiction. That was Mr. Simpson's contention.

! he inferred from the fact that they consented to Now he (Mr. Biron) submitted that his friend was BIRKENHEAD COUNTY COURT. the proccedings being twice adjourned. How not in a position to raise any objection as to his

Tuesday, Dec. 19.

much these adjournments increased the costs I Honour's jurisdiction, because if his Honour (Before J. W. HARDEX, Esq., Judge.) do not know, but they must have added someFould refer to the plaint which had been entered,

Re Ap.THUP. JUKES.

thing; and as the taxed costs of the proposed and the 41st section of the Friendly Societies Act, Banloruptcy-Costs of avortive petition for liquia liquidation amount only to 171. 183. 41., I am not he would find that the plaint was to the effect that dation-Commencement of bankruptcy. disposed to dissect the bill. The taxed costs will the plaintiff, being a member of the Southborongh Wason, instructed by Evans and Lochet, ap. i be allowed, but I cannot blame the trusteo for ob. Friendly Society, was, on the 20th Jay last, ille- peared on their behalf to apply for an order for jecting to pay them without an order, and I shall gally expelled therefrom, and he now sought for costs out of the estate, undor circumstances some say nothing about the costs of this application. an order to be reinstated as a member of the said what novel. society, or, in default, that the society should pay solicitors for the trustee, Mr. William Niead, of Wheeler, instructed by Simpson and Vorth,

DERBY COUNTY COURT. to him the sum of 501. Therefore, that plaint was foanded in tort-it complained of illegal expulsion, Liverpool, resisted the application.

(Before G. RUSSELL, Esq., Judge.) and that being the case he inust first of all refer The bankront, on the 14th March last, was served

ke MARTIN his Honour to the 39th section of the 19 & 20 Vict. with a debtor's summons at the suit of the Ditton Application for a criminal prosecution under the c. 108. Brook Iron Company (Limited). The debt noti

Debtors' Act. His HONOUR, after reading and considering being disputed, a bankruptcy petition was filed on This case was adjourned for the personal appear. this section, was of opinion that it referred not to the 22nd March, the alleged act of bankruptcy ance of Mr. Martin. It was an application by the jurisdiction simply, but to the case being tried at being the nonpayment of the debt in the debtor's trustee, Mr. T. H. Harrison, for the criminal pro. all in a County Court.

The bearing of the petition was fixed secution of the debtor, under the provisions of the Biron said he would now come to the main for the 1st April, and, after auljournments, an Debtors' Act, 1869, for not disclosing in his acquestion, and referrel his Honour to the case of adjudication was made on the 15th April, on the counts the true state of his affairs, and for hiding Denton and Marsh (32 L. J., N.S., 89, Ex.); to alleged act of bankruptcy. Between the 14th property of the value of 101. and upwards. the 41st section of the Friendly Societies Act; March and the 15th April-namely, on the 20th Hertall appeared for the trustee, and Briggs and to the twenty-fourth rule of the Southborough March-the bankrupt filed a petition for lignida- for Yr. Martin. Friendly Society; and contended that the true tion by arrangement or composition under the Charles Martin filed his petition under the

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Liquidation Clausu3 of the Bankruptcy Act 1869, between the trustee and Wilde and Sykes fendant. Before bringing an action, therefore, or and made a statement of his accounts, in which he were settled, and nothing remained but for the defending a suit, or entering into any other legal swore that he had no property whatever in hand. trusteo, on the part of the bankrupt mortgagor, proceeding, it is incumbent upon him, for his own The meeting of creditors was held at the office to give up possession of the mortgaged property. I protection, to satisfy himself that he has assets of Mr. Briggs on Nov. 14. When examined by At the end of May the mortgagees applied to the in his hands to meet the emergency of defeat, Mr. Leech, Martin disclosed that he had only 6oi. court for an order compelling the trustee to give and in all when in proceedings in in the world, and that he could not get it under up the key of the premises, which had been with which he anticipates that his costs may be three days, as it was 300 miles away from Derby held. Upon this, Cotton applied to the court for disallowed, it is his duty to make a reservation This upon his oath he again and again asserted, an order for further particulars, which order was ont of the assets to meet them : (Williams v. but it was intimated to Mr. Harrison while in the dismissed, and he was condemned in the costs of Nixon, 2 Beav. 477.) I find decisions under the meeting that the money was hidden away in the the application. It is admitted that Cotton acted former Bankruptcy Acts in which official assignees house of Martin, and he accordingly went off with under the direction of the committee of inspection have been thus made personally liable to costs. Mr. Coulson and Mr. Gell to the house; they and their solicitor, and that all the steps were I Sydney v. Belcher (2 Moo. & Rob. 324) the demanded of Mrs. Martin the money which they taken by their instruction and with their assent. official assignee was held personally liable to the said was there somewhere, and, after a few At this time the costs incurred and which form the costs of defending an action brought against him, minutes' quibbling, Mrs. Martin got a candle and subject of the present inquiry, were 131. 13. 6d. in and the creditors' assignee, he having joined in took Mr. Harrison into the cellar, and there, under the case of Drake, and 311. 108. in that of Wilde and retaining the attorney, and where an official a heap of coals, wrapped up in a canvas bag, in Sykes; no question, however, arises upon Drake's assignee was included in an order for the payment its turn enclosed in a piece of levd, he discovered costs, which have been since paid. To defray of costs, such order might be enforced against 821. On the following day a further search was these suins Cotton had at that time only 171. in him alone : (Ex parte Murray, re Smith, 1 Mon. made in the house, where under a quantity of hand. A change of solicitor took place at this & Ayr. 475.) This principle of making a party coals, a number of valuable books were found, period, Mr. Barker being appointed to act for the standing in the position of a trustee personally which, from their damp state, had evidently been trustee in lieu of Mr. Mosley. An execution was liable has received the fullest conirmation in the hidden away for some time. It was also subse issued against the goods of Cotton by Milnes, the case of Beavan v. Whitmore (15 C. B., N. S., 433; quently found that part of the property which had solicitor of Wilde and Sykes, for their costs, and 19 C. B., N. S., 783, Ex. Ch.) There an official been taken possession of by Mr. Harrison, and there being some difficulty in the way of a levy, assignee of a district court of bankruptcy, having included in the inventory which he made of the the court was applied to for a committal, but by given his assent to the bringing of an action debtor's effects, had been removed to five different consent the question of liability was gone into, and in his name, jointly with that of the trade houses in the neighbourhood. Upon this the the learned judge, Mr. Stansfeld, on that occasion, assignee, for the recovery of part of the committee of inspection instructed Mr. Harrison, held that the trustee was personally liable for bankrupt's estate, and the action proving un, the trustree of Martin's estate, to apply to the those costs. An affidavit before the court, made successful, the trade assignee, having paid Judge for an order to prosecute.

by Cotton, states that he has now only 11. 7s. of the costs, was held entitled to sue the official His Honour, after hearing Mr. Briggs on the the bankrupt's estate in hand, while the execution assignee for contribution. So also it has been part of Martin, and Mr. Hextall, on the part of issued for the recovery of the costs due to the exe. held that assignees who were brought before the trustee, said it was admitted unhesitatingly, cution creditors-Wilde and Sykes-arising from the court by a supplemental bill, might be made that the debtor had concealed his property, and the various orders amounts to 244. 15s. 20. °It ap- liable to the costs of the whole suit when they had committed a fraudulent act. For Martin it

pears from the counter affidavit made by Wilde | improperly resisted the plaintiff's demand. Ithit was contended that his intention in doing so was and Sykes, that on examining the accounts it was comb v. Minchin, 5 Madd. 91, and the assignees of not to defraud his creditors, but he could only found that 401. had been paid by Cotton to Mosley a bankrupt in Re Peers 21, Beav. 520, were held judge of the fact itself and whether it was a case on account of an unascertained bill of costs. It personally liable for the cost of taxation of a bill in which it was reasonable to believe a jury would was urged in argument by Mr. Barker, on behalf of costs delivered by them where more than one. convict. He certainly did so consider it, and he of the trustee, that acting in a representative sixth was taken off

. In all cases in which the should therefore order the trustee to prosecute capacity, and under the directions of the Com- trustee is acting honestly and within his porrers Charles Martin under sub-sect. 4 of the Fraudu. mittee of Inspection, that he was not personally in instituting legal proceedings for the benefit of lent Debtors Act.

liable. That in the various applications made by the estate, his relief for being made personally

Cotton in this case to the court, it was not in a liable will be found in such estate recouping him HUDDERSFIELD BANKRUPTCY COURT. hostile spirit, and that in all he did he was acting for the sum or sums which he has been made to Friday, Dec. 22, 1871.

under the instruction and advice of the solicitor, pay, or has advanced for that purpose, or if there

Mr. Mosley, and the Committee of Inspection is no fund in hand for such a purpose, in his (Before Mr. Serjt. TINDAL ATKINSON.) The court's attention was called by Mr. Cotting. obtaining an indemnity from the creditors. The

Re COTTON (Trustee in Bankruptcy.) ham on the other side to the fact that independent. Bankruptcy Act, 1869, s. 13, contains, for the The representative character of a trustee in bank ly, as he contended, of the trustee being personally protection of the trustee, large powers enabling

ruptcy does not exempt him from being liovle liable for costs as between himself and third parties him to apply to the court after the presentation personally to pay costs.

whom he had bronght into court in invitum, that of a petition against the debtor to restrain further In this case, which had been several times before there had been laches on his part in dealing with the proceedings in any pending action, suit, executior, the court,

bankrupt's property, and that by paying 401. to the or other legal process against the debtor, or the Barker (solicitor), appeared for the trustee. solicitor to the bankruptcy uponanaccount upon un court may allow such proceedings, whether in

Cottingham (barrister), for the mortgage credi. taxed bill of costs, he could be heard to say that he progress at the commencement of the bankrupter tors.

has no estate, snch statement being in contraven. or commenced during its continuance, to proceed The substance of the facts and arguments will tion of the General Rule 114 in Bankruptcy, which upon such terms as it shall think just.

The be found set forth in the following judgment. states “that a trustes shall not be allowed in his trustee also, under sect. 26, has the fullest power,

His Honour.-In this caso I am asked to stay accounts any sum paid by him to his attorney for with the consent of the court, of disclniming all proceedings in an execution issued against Mr. his bill of costs unless the same shall have been land burdened with onerous covenants, unmarketCotton, the trustee, in this case, for costs alleged duly taxed.' Upon this state of facts, I am called able shares, unprofitable contracts, or of any unto be due to Messrs. Wilde and Sykes, calling upon to say whether the trustee is liable per. saleable property; in fact all those dealing upon the trustee personally to pay the costs sonally for the costs incurred in these proceedings, by the bankrupt with property, which is burdened arising out of an unsuccessful application to the and after considering the authorities cited in the with obligations likely to lead to extensive and court, made against the mortgagees of a part of arguments addressed to me, I have arrived at the uncertain litigation. It was very much urged the bankrupt's property. The facts, shortly stated, conclusion that there is no special right in a upon my attention by Mr. Barker, in the course were that the adjudication took place on the 11th trustee in bankruptcy as between himself and a of his able argument for Mr. Cotton, that there Feb. 1871, and on the 27th Cotton was appointed third person -- such person not standing in the was a close analogy between the case of an exe* the trustee with a remuneration fixed at 5 per relation of cestui que trust that exempts himcntor and a trustee in bankruptcy; and that an cent. On inquiry it was found that the bankrupt from personal liability to pay costs in any legal executor, but for the statute which gives them, had mortgaged a part of his property to Messrs. proceeding in which he is unsuccessful. And that was, on account of his representative character: Wilde and Sykes, and that he had also further as between strangers and the trustee, he is on no never liable for costs; but I am of opinion that it charged the property with a second mortgage to better footing than an ordinary plaintiff or defen. is a partial analogy only. Before the statute his father-in-law, Zachariah Drake. On the 17th daut, for the circumstances of the trust cannot be 3 & 4 Will. 4, c. 42, executors and administrators March the first mortgages applied to the court, allowed to affect the interests of a third person. were not liable to costs when a nonsuit or a verstating that the time for paying the mortgage "The transmutation to a trustee being the same in dict went against them in cases where the action money had expired, and that the property would its consequences as the transmutation of a was brought upon a contract entered into by the be advertised for sale. On the same day, the possession without a trust, it conveys to the testator or intestate, or for a wrong done in his 17th March, Cotton applied to the court to restrain trustee the legal burthens, and it invests the lifetime-Jones v. Williams (6 M. & S. 178); Bar. the sale, and an order was made to that effect. trustee with the legal privileges" : (Burgess v. nard v. Higion (3 B. & Ald. 213), and the reason On the 13th April he again applied to the court, Wheate, 1 Eden 251), per Lord Northington : and was said to be that the 23 Hen. 8, c. 15, s. 1, by requiring the attendance of the first and second in the case of a sale of lands, the trustee, like which costs were first given to defendants, was mortgagees, for the purpose of inqniry. After any ordinary vendor is bound to make the pur. confined to wrongs done to and contracts made witnesses had been examined, the further hearing chaser a good title. If the sale be unconditional, with the plaintiff's. But before the former statute was adjourned to the 28th April, but in the mean and the title prove bad, the purchaser in a suit it was held that where an executor or adminis. time Cotton did not feel in a position to proceed, for specific performance would be allowed his costs trator had knowingly brought a wrong action and the registrar on that date made an order against the trustee (Coop, 40), though the trustee, against, or otherwise being guilty of, a wilful dethat due notice should be given that all further where his conduct was excusable, might charge fault, he should pay costs upon a discontinuance : inquiries as to the mortgagees were abandoned. them upon the trust estate under the head of (Harris v. Jones, 1 W. Bl. 451, Tidd 979, 9th edit.). At this time the committee of inspection had expenses : (Lewin on Trusts, 4th edit. 299; Hill He is liable also independently of the statute upon appointed Mr. Mosley their solicitor. On the v. Magan, 2 Moll. Ir. Ch. R. 460; Elseg v. Lutyens, judgment of non pros: (2 C. & M. 403). So exe; 29th April, Cotton applied for an order com. 8 Hare, 164.) Under the 20th, 22nd, and 25th sec- cutors or administrators have always been held pelling White and Sykes, the first mortgagees, tions of the Bankruptcy Act 1869, the trustee liable to costs upon interlocutory proceed. to give up their mortgage_deed on being paid acquires, for the purposes of the trust, the com. ings : (Tidd, 979, 9th edit.) It appears to me also, the sum duo upon it. The application was plete possession of the bankrupt's estate, with that after the order in this case, made on the 10th dismissed, and it was ordered that the trustee power to deal with it as if he were the

absolute May, when the contested matters between the pay to Wilde and Sykes the costs incident to the owner, and is clothed with the fullest powers “ to trustees and the mortgagees had been finally application. On the 5th May the court further bring or defend any action, suit, or other legal settled, and no claim for costs existed on either ordered that, as the order of the 17th March was proceeding relating to it.” 'It may be observed side, and nothing remained to be done but to give still subsisting, such order should be discharged, that the statute contains provisions which gives up such possession of the property as the trustee but that the question of costs should be adjourned the court and the creditors for whom he acts the representing the bankrupt mortgagor had, that until the 10th of that month. On the hearing it means of stringent control in cases in which his th9 subsequent proceedings by which the mortga. was ordered that the costs of the orders dealings with the property is inconsistent with gees were compelled to apply to the Court were of the 17th March and the 5th May be paid the faithful and honest discharge of his duty: ill advised, and came within the case of Harris v. by the mortgagees Wilde and Sykes. Up to but for all the purposes of suing and being sned Jones, just cited, in which it was held that an exe. this date, therefore, all questions as to costs' he alone is the person who can be plaintiff or de. cutor was, before the passing of the 4 Will. 4, c. 42,

:

THE LAW TIMES.

JAN. 6, 1872.)

liable for costs as upon a wilful default. But there could grant an order of commitment on informa- whether to believe the bankrupt's statement on
is still another ground on which alone I should tion that there was probable reason to believe the last occasion or the one he had then made.
have felt compelled to give an adverse decision that a bankrupt was likely to avoid his exami. His Honour asked Mr. Hodge if he had any
against Mr. Cotton, namely, the payment of the 401. nation.

evidence that the book he wanted was in ex.
to Mr. Moseley, the solicitor to the bankrupt estate. Joel replied that he thought it was never con- istence.
It is proved that this sum was paid by the trustee templated in the Act, that after a bankı upt had Hodge replied that they had none whatever ex.
on account of an unascertained bill of costs, and done everything he possibly could, and had made cept that it was a most mysterious circumstance;
as it was paid in contravention of, łalthough in every disclosure respecting his affairs, the credi. and it could not possibly be conceived that a
good faith and without knowledge of, the 114th tors should still detain him in prison.

man of the intelligence and position of the bankgeneral rule in bankruptcy, which provides that a His HONOUR agreed with Mr. Joel on that rupt would receive such sums of money as he trustee shall not be allowed in his accounts any point.

was known to have received without recording sum paid by him to his attorney, unless the same Joel thought it would only be a gracious act to them in some book. They would leave the matter shall have been duly taxed as between attorney release the bankrupt from prison, particularly in the hands of his Honour as to whether, under and client, it is in my view money paid in his own after he had stated that he had no intention to the circum: tinces, the bankrupt should be rewrong, and must be taken as if it formed part of avoid his creditors.

leased. the bankrupt's estate, and available for the pay. Hodge said that Mr. Joel had omitted to mention His HONOUR said that he had not had the ment of the costs in this case. Upon the state one or two circumstances to which he would advantage of hearing the case on previous occaof facts before me, and upon the authorities cited, allude. The bankrupt, on the 24th Nov. 1869, sions when it had been before the court, and he I have arrived at the conclusion that the execution was committed for trial on a charge of embezzle- must presume that whatever his predecessor had against Mr. Cotton ought not to be stayed, and ment, and eventually was sentenced to eighteen done he had acted rightly. He was at first in. that therefore the motion must be dismissed. As, months' imprisonment. On the 11th April 1870 clined to release bankrupt from custody, simply however, I believe that Mr. Cotton has acted in the trustee, Mr. Greener, caused him to be served because he had been imprisoned for nearly two perfect good faith, although mistaken in his with a notice asking him to file certain accounts. years, and again for about four months. As to belief as to the law, it must

be dismissed without During the whole time he was in prison no the credibility of his statement respecting the costs.

attempt was made by the bankrupt to file those cash book, his first impression was shaken.

accounts. It was not the duty of the trustee Joel said that the bankrupt was perfectly willing NEWCASTLE COUNTY COURT.

to have asked the bankrupt to file those ac- to do all he could for the creditors, and the very

counts, but it was thrown on the bankrupt by fact of his Honour releasing him would enable Friday, Dec. 22.

the Act to file his accounts. If the bankrupt him to do it. (Before THOMAS BRADSHAW, Esq., Judge.)

had done so, or made the sligŁtest attempt to His HONOUR said he would release him from Re THOMAS NEILSON.

do so, the trustee would not have applied that custody, but that did not release him from the

he should be imprisoned. The bankrupt had, also, obligation that he morally owed to his creditors. Commitment of bankrupt-Production of books- not given up certain books which were the sub- Hodge said they felt that the court and the trus. Affidavits.

ject of examination in that court on the last tee had been fully justified in the course they had This case came before the court on a petition examination. It was absolutely necessary and taken, from the fact that by so doing they had from the bankrupt for an order from his Honour essential to the proceedings that these books men- recovered some property. to release him from prison. Previous to Joel, Jun., had reason to believe that the missing books

con- would release him. He thought as the trustee tioned by the bankrupt should be produced. They

His HONOUR, addressing the bankrupt, said he supporting the petition, Harle, who represented the trustee of the bank. tained how some three or four thousand

pounds, had not pressed him to retain him in custody, that rupt's estate, asked permission to file a short affi. belonging to some building societies of which he the manner in which he had thus behaved to him davit which could not be filed in the ordinary time had been secretary, had been spent. He con. ought to appeal to his

feelings liberally, and because gnfficient time had not been allowed to tended that the trustee and the court had been should prompt him to endeavour to the utmost of bring the

bankrupt's petition before the committee perfectly justified in the course they had taken in his ability to give such information, or such of creditors.

connection with the case. Mr. Hodge read the papers or documents he might happen to remem. Joel had no objection to the affidavit being filed. affidavit of the trustee, which, after alluding to ber when his memory returned to him, and he In support of the bankrupt's petition he begged the bankrupt having stated at his last examina- hoped it would return at once. to make a short statement in reference to it. I tion that he had kept another cash book other

Hodge hoped that his Honour would tell the The petition had been prepared by Neilson than those in the possession of the trustee, and bankrupt that it would still be his duty to come while he had been in Newcastle Gaol, and had which they had reason to believe contained entries and pass his examination in the usual way, and been signed by the governor of the prison. The of the manner in which some 40001, he had impro- make him understand that he was not discharged bankrupt states in his petition that he had

not the perly received from building societies had been from his bankruptcy. Deans of employing professional aid, and had spent, of which no mention was made in the imper.

The bankrupt said he never intended to escape been obliged to

resort to the petition for bringing foot onsh books in the possession of the trustee, from the jurisdiction of the court. himself before his Honour that day, and applying further stated that the committee of creditors had

His HONOUR said that if the trustee had for a release from prison. He had been in gaol considered the application of the bankrupt for his since Aug: 17 for the requirements of the court. release from custody, and they had come to the pressed him to keep the bankrupt in prison, he He had given up all property, books, and docu: conclusion that he /was not entitled to a release. would have kept him in custody for another ments, in his possession relating to his estate ; he until he had given up the cash book mentioned by month. The bankrupt owed his release to sthe had been most wishful to give the trustees all him at his last examination.

leniency of the trustee. needful assistance and information, and had

Hodge continued, and said that to show that the offered to derote his future earnings to the benefit court had been justified in the course it had taken,

SHEFFIELD COUNTY COURT. of his creditors. Considering that the bankrupt he might mention that since the last examination

Re CAPSEY. had not been allowed the ordinary access to papers of the bankrupt, he had handed over a share he which bankrupts usually had, and also that he had in the Gateshead Bowling-green and a life Liquidation-Equitable mortgage of lease-Secuhad done everything in his power to give the insurance policy for 2001., the existence of which

rity-Fraudulent preference. necessary information to the trustees about the the trustee had never heard.

His Honour gave judgment in the case of Mr. estate, and further that he had not been requested

His Honour said it was a question whether he Henry Hudston, stockbroker, Nottingham, who by the trustees for the last six weeks to give any had the cash book to give up. While in gaol he claimed to be an equitable mortgagee of a lease information, he considered that the bankrupt was

had no means of getting it if it was in existence. of property in Spring-street, Sheffield, which had entitled to come to the court that day to bo Joel said it was impossible for the bankrupt to formerly formed part of the estate of Mr. Charles allowed to be examined as his last examination. get the cash book, supposing it was in existence, Capsey, grocer, Sheffield, whose affairs are at The bankrupt said that if there were any ques. while he remained in gaol. He thought it was a present in course of liquidation. tions which his Honour thought ought to be sin and a shame to retain the bankrupt in prison, H. Hogg, solicitor, of Nottingham, appeared for put he was willing to give every information and that because he could not give up a certain the applicant; and Vernon Blackburn (instructed respecting them, and if his Honour was satis. | book, he should therefore not be released. by Mellor) for the trustee, Mr. William Fisher fied with them, he applied that his imprison.

His HONOUR inquired what were the total Tasker. ment should come to an end. Mr. Joel called debts ?

The applicant alleged that he lent Capsey money his Honour's attention to an affidavit made Hodge said there were 14,4001.—11,0001. secured, to the extent of 12181., as security for which he by the bankrupt prior to the last examina- and 34001. unsecured.

received the lease of some property in Spring. tion. In that affidavit the bankrupt stated that

His Honour said the question really turned on street. The property has since been sold, and the while he was in Durham Gaol he was made a the point whether it was in the bankrupt's power money paid into court, and the application now bankrupt, and had been asked to file a statement to produce the cash book. He thought the was for the money to be paid towards satisfying of his accounts. He complained of having to do bankrupt should be called and examined on the the applicant's claim. It was urged on behalf that while he was thus incarcerated. He left the point.

of the trustee that the giving up of the lease by gaol at Durham on the 17th Aug., and and was Hodge said that they fancied that the bankrupt Capsey showed a fraudulent preference to appli. immediately arrested upon an order from that could produce the book.

cant over his other creditors. court, committing him to Newcastle Gaol. The The bankrupt was then put into the witness

His Honour, in giving judgment, caid there application for his commitment had been made box, and on being questioned with reference to were three distinct lots to be sold. First, the er parte, and he (Neilson) was taken by surprise the cash book, he said he had made a mistake on

lease which had been deposited by Capsey with at it. He had remained in gaol ever since. He the last occasion of his examination when he said Hudston ; secondly, the fixed plant, machinery, (Mr. Joel) thought it was a grievance for the bank he had kept another cash book other than those &c.; thirdly, the loose plant. Under the order of rupt to be kept in prison, particularly as it was six now in the possession of the trustee. He never

the court the first two had been sold, and realised, weeks since he had been requested to furnish any had such a book, and the cash books he had used the former 1351. and the latter 1061. 6s. lld., information respecting the estate. He (Mr. Joel) were all delivered up and were in the possession making 2361. 6s. 11d. The loose plant had realised asked what right the trustee had to detain the of the trustee. His transactions relating to the the sum of 871. 148. 11d. Last court day he ex. bankrupt in custody ? He submitted that in building societies, if they did not appear in the pressed a strong opinion in favour of the claim point of fact there was no ground for the commit cash book, would appear in the bankers’ pass of the equitable mortgagee, and that opinion ment of the bankrupt under the section upon book. He had satistied the trustee that the build. had not been weakened on perusing affidavits which the application for his detention in prison ing society moneys had been paid to creditors. and documents that had been filed. The questions had been made by the trustee. At the time the The trustee had never asked him for such a book. he had to decide were, was there a good equitable application was made the bankrupt was in Durham His HONOUR asked the bankrupt if there was mortgage; to whom did it apply; and to what Gaol, and therefore he could not possibly abscond. such a book in existence.

advances should the security extend ? He was of If the bankrupt on that occasion had been allowed The bankrupt replied that there never was, and opinion that a good equitable mortgage had been to have come before the court, he would have been that his memory had been cloudy when he said created. The note of Mr. Capsey to Mr. Hudston able to satisfy his Honour's predecessor that he there had been.

asking if it was possible to get an advance of 10002 had no intention of absconding, but on the con. Hodge said that they were taken by surprise on the Spring-street lease, was a distinct offer to trary, it was his earnest wish to give his creditors when the bankrupt said there was no such book give the lease including plant, as a security for every possible information respecting his estate. I as the one he had alluded to on the occasion of such a loan. Mr. Blackburn had contended that

His HONOUR reminded Mr. Joel that the court ' his last cross-examination. It was a question ' it was not an application for a loan, but was a

a

:

J.L

P. L. P..

note simply asking Mr. Hudston's advice But I practice in Ireland, and making it known to the / trustees, the husband, and the wife jointly surrender under and coupled with, all the circumstances whole profession in England and Wales.

He the policy? or, secondly, can the trustees and the wife that actually took place he regarded it as an ap. might have, perhaps, benefited himself consider; it? or, thirdly, does the rule in equity, as to dealing

resign the policy to A. in order that he may surrender plication for the loan of 10001. The question was abiy by quietly making known to his clients and with the wife's reversionary personalty and the excep. not whether Hudston acted like a cautious man, such of his professional friends who are not tion iu Molins's Act (20 & 21 Vict. c. 57, s. 4) prevent but whether the giving of the equitable mortgago Chancery commissioners for England, and thus this?

G. W.W. was a fraudulent preference under 92nd section of put some fees into his pocket which may now the Act. But in what did the preference consist? escape it.

G. H.

(55.) ETIQUETTE.-Will any of your readers adrize The only fraud, in his opinion, was on the part of

me on the following point of professional etiquette ?

A. B. C. D. aud E. project a coinpany, to consist of the bankrupt in deluding his unfortunate relative THE AUSTRALIAN ROYAL COMMISSION ON IN. shareholders, and arrange tbat A. shall be solicitor, B. with a false balance sheet. He could see no other. TERCOLONIAL LEGISLATION AND A COURT OF treasurer, C. surveyor, and D. secretary. Am I justi. Hudston advanced 6001. to Capscy, and, according APPEAL.-I have the honour to forward you here. fied in taking shares and canvassing shareholders, and to all the evidence, the creditors got the benefit of with a copy of the first report of the Royal Com. adopting other means for obtaining the solicitorship? that money. The creditors got a fair equivalent for mission on Intercolonial Legislation and a Court

Is this a pushing myself into another mau's business, or what the bankrupt had parted with. The transac. of Appeal. During the session of 1869 the Legisla

is it merely fair competition ?

R. W. tion then was lon2 file on the part of Hudston, tive Assembly appointed select committee to and was as fair and as free from suspicion as any inquire into and report upon the expediency of

56. MAINTENANCE.-- In the course of my reading for equitable mortgage could be. The second question inviting the co-operation of the several colonies of Society, I met with the following paragraph in Mr.

the Final Examination, held by the Incorporated Law was, what did it comprise ? It certainly comprised Australasia for the following purposes : (1) To pro. Joshua Williams's Book on Personal Property : “The what might be called lot No.1, which was now re- vide for the extradition of offenders from one Act." (reforring to the 26th section of the 25 & 24 Vict. presented by the sum of 135l.; and it was equally colony to another; (2) To provide means whereby c. 145) " it will be observed, applies oply to incoine to clear that it embraced lot No.2, represented by the the effect of insolvency or the granting of probate should not be entitled to the income irrespectively of

which the infant may be entitled; so that it the infant sum of 1011. 6s. 11d.; and it might have been con- or letters of administration in one colony shall the Act, it would scarcely be safe for the trastees to tended that the security included lot No. 3 also, be extended to all; (3) To adopt a system whereby arply it for the ma tevance without express authority." for it was not covered by a bill of sale, and the execution may issue in any colony upon the re- The words of the Act are: “In all cases, when auy proownership clauses in the Bankruptcy Act did not gistration of the judgment of the supreme court perty is held by trustees in trust for an infant

, either answer it. He did not say that the contention of any other colony ; (4) To establish a court of absolutely or contingently on bis attuining the age of would have been successful, but he merely indi. appeal. After the termination of the session the twenty-one years, or on the occurrence of any event cated that it might have been. As the applicant inquiry was continued by the wembers of the com

previously to his attaining that age, it shall be lawful

for such trustees," &c., "to apply for or towards the had, however, abandoned any claim he might mittee who where appointed by his Excellency inaintenance and education of such infent the whole or have to this lot, the question was not for him to Viscount Canterbury commissioners for that pur. any part of the income to which such infant may be consider, but that part of the case he would pose. The labours of the commissioners are not entitled in respect of such property," &c. And the notice in dealing with the costs. The third point concluded; a first report only has been submitted. section further directs the accumulation and invest; was what advances the security extended to, and The report of the commission, and the suggestions the person who shall ultimately become entitled to the

ment of the residue of the income “for the benefit of in noticing that, he would take the atidavit of for the proposed Bill are based upon the principlo property from which such accumulations shall bave Hudston, because Capsey was away, and there of retaining for each colony the paramount autho. arisen.” The questions which suggest themselves, and was no other evidence forthcoming.

rity of its own legislature within its own bounda- as to which I shall be obliged for any information Blackburn said they were agreed upon the ries The Bill proposes no system of federation, there has been any decision to the effect that the abore

through the medium of your paper, are: (1) Whether sums it covered. nor does it create any administrative power or

section only applies where the interest of the infant is His HONOUR.--Are you agreed that the sum of legislative authority whatsoever. It was thought a vested interest? If not, (2) Whether the words 3001. was due at the time of the deposit, and that that whatever difference of opinion may exist with may be entitled " should not be construed may be 3001. was subsequently advanced ?

respect to the political federation of these colo. come entitled ? and (3) Whether the words “who shall Blockburn.-We are. nies, there could be no reasonable objection to the ultimately become entitled to the property,” are not in

favour of such a construction ? His Honour (continuing.) If the question had adoption of a common system dealing with the been between them, he should have said that the diminish the power of any of the colonies, nor subjects referred to. It is not proposed to

57. PROFESSIONAL CONDUCT.-A. B., a solicitor, and a security covered both. That being so, he decided that the applicant was entitled to have his equit

to create any authority superior to them. The creditor of C.D., and also concerned for other creditors, able mortgage counted as security for the sums of standing providing for an intercolonial comity ing the appointment of a receiver, and that proof het report merely suggests that a common under upon C. D.'s filing a petition for liquidation, writes to

some of the creditors living at a long distance, suggest2361

, 6s. 114., the money to be paid in virtue of upon these important legal subjects is desirable, dents should be sent to him. Has the solicitor of the such security.. In regard to the question of costs, and recommends that the several colonies be in debtor a right to complain of A. B.'s conduct asupra his Honour said the applicant, having established vited to establish it. his claim, was entitled to have his costs out of the to the commission were under eonsideration the ruptcy?

While the subjects referred fessional, and not in accordance with practice in binkgeneral estate of the bankrupt. The costs of both advisability of including the subjects of naturaliparties he therefore ordered to be taxed and paid sation, marriage, patonts and copyrights in any out of the 871. 143. 11d. There would be no injury proposed system of intercolonial legislation, came

Answers.

(Q. 37.) CONVEYANCE.-I almost despair of explain. to the other creditors in taking

the costs out of the prominently under our notice. It will materially inz anything to “T. S." after his saying that I allease fund that was in the possession of the court. In assist the commission in the consideration of these that the person who becomes entitled to the land conclusion, liis Honour made some remarks on subjects to know the opinion of the prominent does also become entitled to distrain for rent accrued certain irregularities in the affidavits that had public men of the Australasian colonies. Would better read my reply at p. 145 again. He seems to be

of

S." been filed by the trustee, and said that in future you be good enough to say whether, in your opinion, satisfied that after the conveyance the grantor cannot if affidavits contained useless or irrelevant matter, the proposed system of intercolonial legislation distrain. He may also be satisfied that the grantee of he would order them to be disallowed.

ought to be adopted ? and, if so, whether it should the arrears (which are only assignable in equity, bring Hogg afterwards applied for a sum of 31. 168., be effected as proposed by means of an imperial choses in action) cannot distrain.

Z. Y. money paid on account of fire insurances, on the Act, or by concurrent legislation in the colonies ? property comprised in the lease which was allowed Whether the extradition of offenders should apply (Q. 47.) PARTNERSHIP DEED- STAMP3.-The proper to be added to his client's security by the consent to all persons charged with indictable misde. stamp is 103., as for a deed not otherwise charged of the trustee.

meanors, or whether the misdemeanors should be Hogg said, his client wished to bring before the specified ? and whether the intercolonial comity

The proper stamp for a deed of partnership is court a point in reference to the sale of the ma. should extend to the subjects of naturalisation, undoubtedly a 105. stamp. The new Stamp Act does chinery. The auctioneer's charges amounted to marriage, patents, and copyright?

not appear to prescribe any specific stamp for a part151. per cent. on the amount of the sale without a

J. J. CASEY, Chairman of Commission.

nership deed, and under the bead of Deed it says: printed catalogue.

" Deed of any kind not described in this schedule, 103." This, I think, is a sufficient authority.

E. E. W. His HONOUR : That must be a special motion calling upon the court to inquire into the conduct of the trustee.

(Q. 48.) DEFENDANTS OUT OF THE JURISDICTION.NOTES AND QUERIES ON

The auswer to this question entirely depends upon POINTS OF PRACTICE. whether the defendants British subjects or

foreigners. In either case it would be unprotitable to

detail here the minute proceedings, for they are all set CORRESPONDENCE OF THE XOTICE.-We must remind our correspondents that this

forth in any of the books of practice, and most clearly coluunn is not open to questions involsing points of law

in the Common Law Procelure Act 1852, ss. 18 and 19, PROFESSION.

such as a solicitor should be consulter upon. Queries will
be excluded which go beyond our limits.

to which, I think, "Delta" cannot do better than X.B. - None are inserted unless the maine and andress of the

roter.

E. E, W. Note.-This department of the LAW TINes being open to

writers are sent, nos Decessarily for publication, but as a free discussion on all professional topics, the Editor i 1103 guarantee for buna fides.

(Q. 49.) NATIONAL SCHOOLS.-I thiuk the exchange responsible for any opinions or statements contained in it.

may be effected under sect. 14 of 4 & 5 Vict. c. 38, 13 Queries.

extended by 15 & 16 Vict. c. 49, without the sanction of

the charity commissioners. SHERIFFS' OFFICERS-CLAIMS AGAINST ATTOR- 51. Town COUNCIL MEETINGS.-What power bas tie NEYS.-If the parties interested in pending ap. mayor or other chairınau of the town council or local

(Q. 50.) CONTEYANCING.-The solicitor of the vendor peals will hunt up the cases on the law of inter

board of enforcing order, in case of an interruption or should make a copy of the requisitions, draw thereon

abusive langungo by one member to another, and repleader claims, they will find many useful hints in

bis replies, and copy these replies on the origiual requu. fusal to retract or apologise, but no actual assault ? aid of our non-liability. AN OLD ONE, &c.

sitious, and return them. If instead of this he should He cannot commit por eject. Is the business to be return bis copy of the requisitious, he would impose on

stopped by the unisconduct of one member, and that the purchaser's solicitor the duty of examining the JUDGE STROUD.-In your issue of the 30th ult.

without remedy?

J. R.

copy (in some instauces both inaccurate and untidy) p. 149, you have quoted from the retiring speech of (52.) The APPORTIONMENT ACT 1870. — Does the As. the copy be had made and signed. Should the vendor

with his draft, although he bu already had to examine the Hon. G. M. Stroud (not Strood), in the intro. portionweut Act 1970 render rent apportionable as require to prove the requisitions, and the original duction to which you allude to the learned judge between the heir and alministrator of au intestate who ghould not he forthcoming, his copy would be good as having “presiiled over his court for more than' died seised of a fee simple ?

E. Y. evidence, and be inigbt as reasonably claim to keep the a third of a century.” Judge Stroud did not pre

purchaser's draft conveyance as his requisitions. side over his court, the district court for the city sheriff or a county conrt huilitf seize goods on which t?e (53 ) SEIZURE DY SHENIFT-BILL OF SALE.-Can a

The vendor should retain the original requisi. and county of Philadelphia, bat was one of the debtor has given a valid bili of sale to secure a su loss

tious. associate judges. WILLIAM SHARSIVOOD. in amount than the value of the gooils? or how can the In reply to this query, I would suggest that

equity of redemptiou iu such goods be reached ly the your notice slould be extended so as to exclude quesexecution creditor ?

G. P. IRISH CHANCERY COMMISSIONERS.-As a com

tions involving points of practice such ng well-known text books should be consulteri upon.

Hind“ E. Å. S. missioner who has incurred the trouble and ex (54.) MarniagE SETTLEMENT. – A. executes a post taken the trouble of looking into any oue of the man pense of obtaining a comunission. I cannot thank nuptial settlement, by which he sipas a policy on his practical treatises on the sulject, be would have found your correspondent who wrote on the abova subject i ownlile to trustees for hi; wife's benefit. The settle. tant the question of advisability does not arise. The last week for having made a wonderful discovery but it is now desid to surrender the policy and to

ment contains no power of sale or to vary securities, correct practica is for the ren lor to retain the pur. in an Act of Parliament to amend Chancery settle another in the same manner. First, cun the

chase:'s signed requisitions, and return a copy thereof, when be replies thereto.

T, WILKINSON,

Z.Y.

are

Z. Y.

Z. Y.

the

Jan. 6, 1872.]
THE LAW TIMES.

LAW SOCIETIES.

almost exclusively on Mr. Bird. In Hilary as the Jersey tribunal is concerned-in the long

Term 1844 he took out his certificate as an at-pending dispute between the Jersey judges and SOLICITORS' BENEVOLENT ASSOCIATION. torney, and then removed to Cardiff, where he the Lords of Her Majesty's Treasury relative to The usual monthly meeting of the board of late Mr. John Bird, was secretary to the lato for dinners supplied to the judges of the Royal

began to practise. At this time his uncle, the the payment of an hotel bill amounting to 951. 11s. directors of this association took place at the Law Institution, London, on Weines lay last, the 3rd Marquis of Bute, and possessed much in Anence in Court on the occasion of the opening of the assize

an alderman. l heritage during the last six years. The twelve

the borongh, of which he was inst.. Hr. John Smale Torr in the chair: the other Through his uncle's influence, Mr. Bird speedily judges who adjudicated on the case were the very directors present being Messrs. Brook, Hedger, Nelson, Rickman, Smith, Young, and Veley. (dir? acquired a lucrative practice, particularly in the persons who had ordered the dinners to be proEife secretary.) 'A grant of 51. was made to the police and County Courts. He became known as vided, and had partaken of them. The plaintiff widow and family of a member, and a grant of 107.to an able cross-examiner and pleader, especially was Mrs. Mary Chase, landlady of the Royal

Yacht Club Hotel, and the defendants were nomiwhen he represented the defence. About five or the widow of a non-member. A communication six years ago Mr. Bird gave up the more active nally Her Majesty's Attorney-General for Jersey from Lord Cairns was read, announcing that his duties of his profession, but he never actually (MỊr. Robert Pipon Marett), Her Majesty's ReLoriship would be happy to take the chair at the retired from the law, his name being retained on ceiver (Mr. Peter John Simon), and the Viscount ensuing anniversary festival of the association in the rolls till his death. In Nov. 1858 he was or Sheriff (Colonel John Le Couteur (Q.A.D.C.) ; Jane. A communication was also read from Messrs Tiadeson and Malleson, solicitors, Austin. elected a member of the town council of Cardiff, the actual defendants being the Lords of Her friars, announcing that, in consequence of the and he speedily became an influential authority on Majesty's Treasury: When the case was pleaded death of an annuitant, the sum of 13331. Cs. Sul.) all municipal matters. He was elected mayor of before the court, the point at issue was whether

Cardiff in Nov. 1862, and rendered himself so the Crown was entitled to pay for the dinners or Consols. had accrued to this association, Eight popular that he was unanimously ro-elected in not. It appeared that it had been the custom for new members were admitted, and other business the following year. During his mayoralty the the payment to be made by the Queen’s Receiver of a general nature transacted.

marriage of the Prince of Wales with the Princess out of the revenues arising from the Crown pro

Alexandra took place, on which auspicious occa. perty in the island. Six years ago, however, the MANCHESTER LAW STUDENTS' DEBATING sion he actively exerted himself in directing Treasury issued an order that these revenues were SOCIETY.

the town rejoicings. He was for a long timo no longer to be thus applied. At cach successive As ordinary meeting of this society was held on Thursday evening, the 22nd ult., when a paper and of late years acted as

a member of the local board of guardians, opening of the assize l'heritage the judges ex

one of its vice pressed their dissatisfaction with the order thus was read by Mr. Edwards on “Primogeniture and chairmen. In this capacity he was greatly made, and decided that, as the grant of the Entail.” After a good discussion, the chairman instrumental in establishing the Ely industrial dinners was a right due to ther, they should be (T. H. Guest, Esq., solicitor), spoke on the sub- schools for the pauper children of the borough, provided as heretofore.

The Viscount was, jact. giving some interesting information relating and he continued to the last to take a lively therefore, instructed to prepare the dinners to the inatter. At the close of the meeting it was interest in these institutions. He was also an as usual, and he was compelled, under a penalty found tắat the members were almost unanimously active governor of the Cardiff infirmary, and of imprisonment, to obey the orders of the court. in favour of the law as it at present stands. rendered valuable aid in the management of the The bills wero afterwards sent in to the Queen's

Cardiff Annuitant Society, the members of which, Receiver, who refused to pay, and after the HULL LAW STUDENTS' SOCIETY. at their jubilee anniversary in July last, presented account had run up to the amount mentioned, and A MEETING of this society was held on Tuesday him with a handsome testimonial in his sick no settlement could be obtained, this action was evening last, J. D. Sibree, Esq., solicitor, occu. chamber. In connection with the Havannah brought. It was objected by the defendants that nied the chair. The point for discussion was, industrial school, Mr. Bird promoted the forma- the Crown was not legally liable to provide the

Was the case of Irelanıl v. Livingstone rightly tion of the brigade of market porters. He was dinners, and that, though it had been the practice decided ?" Mr. Hall appeared in tlie aflirmative, prominently connected with several other local to do so for a long period, this was merely an act and Mr. Jackson in the negative; and after con- | institutions, but the above will sutlice to exhibit of courtesy, which could be withdrawn at any siderable discussion the point was decided in the the chief features of a career of remarkable public time. On the other hand it was maintained that Degative.

usefulness. His fatal illness began about fifteen the custom was a right that the Crown owed to months ago,

but, during the interval, it was hoped the judges, the seigneurs, and the franc-ténants

on several occasions that he would recover. The for the services these officials rendered in the LEGAL OBTIUARY.

disease took an unfavourable turn about three discharge of their respective duties. The oldest

weeks before his death, but he retained his con record extant relating to the dinners was an entry J. T. TEEVAN, ESQ.

sciousness to the last, and gave minute directions in the books of the Royal Court bearing date The late John Watton Teevan, Esq., barrister. regarding his funeral. He also tendered his July 27, 1861, during the reign of Charles II., at-law, who died at the residence of his uncle, 30, resignation as alderman, but the mayor feel. from which it appeared that there had been some Cheshaw-stroot Bolgravo sąnaro, on the 27th ult. Tingly declined to submit it to corpo. | dispute at that time relative to the dinners, no in the thirty-third year of his aze, was the eldest ration while he lingered.

Mr. Bird son of John Teevan, Esq., of Woodside Court, buried on the 16th Nov., at the parish church The court on that occasion decided, the Lieut.

was particulars of which, however, are to be obtained. Croydon, by Mary Anne, only surviving child and of Roath, being marked by unusual tokens of Governor of the island being present and conbair of the late William Stephen Watton, Esq., of public respect. The procession was headed by senting, that “the dinners should be continued as Woodside Court, and was born in the year 1839. a detachment of borough police, who were followed heretofore," the Lieut.-Governor "knowing no Mr. Teevan was educated pa tly at a private by the mayor and corporation, preceded by the reason to the contrary.”. This was relied upon school at Kichmond, Surrey, partly under a private mace bearers. There were four mourning coaches, by the plaintiff as proof that the Crown owed the titor at Bayswater, and subsequently at St. filled by the relatives of the deceased. The Mar: dinners to the judges as a right and not as a mere Mary's College, Oscott, near Birmingham, whence quis Bute, in his carriage, brought up the rear acknowledgment. On the 16th ult the court be passed in due course to Trinity Hall, Cam of the procession. The shops were partially overruled the plea of the defendants, and held bridge. He took his Bachelor's degree with closed, and the borough standard floated at half. that the treasury was liable for the payment. honours in the year 1862, and he was one of the mast from the town hall. The burial service was On Saturday judgment was given for the plaintiff first Roman Catholics on whom that honour was read by the Rev. D. Howell, and the body was in with costs, but without the interest charged on conferred subsequent to the movement which terred in the vault at the cast end of the church. the account. The Viscount was released from the threw open the great prizes of Cambridge to The late Mr. Bird was twice married. His first action on the plea of the solicitor-genernl (Mr. G. others than members of the Established Church. wife as Miss Mira Strutt, grarddaughter of Mr. H. Borman) that he hai merely obeyed the orders Not content, however, with having won distinc- Joseph Strutt, the well-known antiquarian writer. of tho court in giving instructions for the dinners. tions at Cambridge, Mr. Teevan entered his name She lived till 1858, and by her he had a son and An appeal to Her Majesty in Council was entered as a student at the University of London, and, danghter. His son, the Rev. J. J. Bird, survives, by the Attorney-General. passing successfully all his examinations, took but his daughter, Mrs. Annie Rutland, died in there also his degrees as a Bachelor and Master May 1370. Mr. Bird married secondly, in 1864, of Arts. In Easter Term, 1966, he was called to Miss Kezia Strutt, his deceased wife's sister, who THE COURTS & COURT PAPERS. the Bar at the Middle Temple, but, being born in nursed him through his long illness. axuent circumstances-indeed, the heir to a

SITTINGS AND CAUSE LIST FOR HILAKY landed property-he never seriously followed up

TERM 1972. the practice of his profession. Mr. Teeran, who

LEGAL NEWS. was beloved by a large circle of attached friends,

Commor L:Courts.
married, only a few months ago, Mary Aung, The Juay SYSTEM. A large volume has just
daughter of Charles Robert Lindsay, Esq., of the been presented by the clerk of the peace of

Court of Queen's Bench,
Indian Civil Service.
Middlesex to the office of the under-sheriffs, con.

SITTIXGS AT NISI PRIUS-IN TERM.
taining the names of persons qualified as special

Middlesee.

Jan. 23 MP. ALDERMAN J. BIRD, OF CARDIFF.

Jan. 12 Tuesday. and common jurors. It is the first book inade Friday. The death of Mr. Alderman J. Bird, solicitor, of under the Act of 1870 in its present shape, and Tuesday

No London sittings tbis Term. Cardiff, took place at his residence, Crockherb. presents a strange appearance as to the special

AFTER TEIN. town, on the 10th Nov. last, at the age of fifty-five jurors.” The provision in the Act as to payment

Middleser,

London. years. The deceased gentleman was the fourth of jurors was repealed during the last session, and Thursday Feb. 1 | Thursday

Feb. 15 son of the late Jr. James Bird, an ironmonger of the then Attorney-General promised that the jury Cowbridge, and was born at that town on the 16th system should undergo revision. By the Jury Act Thursday, Jan. 11 Motious new trials Ấng. 1816. He has several surviving brothers, the overseers are required to specify the special Friday 12 Ditto

13 Ditto one of them being Councillor Phillip Bird, and jurors in the list, which list is to be certified by Saturday another Mr. George Bird, bookseller, of Bridgend. justices, and the names are to be retained, and Monday

Tuesday*

16 Special paper Mr. John Bird commenced his career in life at the thu "decision of such justices as to the qualifica.

Wednesday 17 Motions, new trials, and Crown office of the late Mr. Redwood, solicitor, of Cow. tions of persons marked as special jurors in the bridge, where he obtained a situation at an early list so revised by them shall as respects thoso Thursday 18 Eūlirged rules, motions, and new

trials When he was about fifteen years lists be final.” In the lists now prepared by the period of life. of age, he removed to Neath, where he was

19 Special paper overseers of the several parishes in Middlesex and Friday

Saturday

Crown paper employed under the late Mr. Cuthbertson, soli. sent to the clerk of the peace, there are numerous

21 Moiions and new trials

Mouday

tradesmen returned as citor. After remaining here a few years, he was

special jurors,” and in

Tuesday*

23 Special paper enabled, by his own exertions, to article himself to many cases the assessments amount to about 501. Weduesiay 2 Crown paper his employer ; and after his articles were com. and 601. a year. There are licensed victuallers, Thursday 25 Motious vew trials

26 Special paper pleted, he remained with Mr. Cuthbertson in the butchers, builders, and other trades in the list, Friday

Saturday 27 Motious new trials position of manager. During this period he ob. and tradesmen will now appear in the list as

Monday tained an extensive knowledge of the Poor Law, special jurors,” by the side of esquires, bankers,

Tuesday ae Mr. Cuthberteon at the time filled the and merchants until the law is amended.

Weduesday office of clerk to the local board of guardians, JUDGMENT AGAINST THE TREASURY.-Final

* On those days the Court of Queen's Bench will sit which portion of Mr. Cuthbertson's duty fell judgment was given on Saturday-so far, at least, ' in two divisions, when motions are excluded.

.... 10!

SITTINGS IN BAXÇO.

15 Ditto

paper

66

29 Ditto
30 Ditto
31 Ditto

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