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JAN. 13, 1872.]
THE LAW TIMES.

ccndition of admittance to the teaching of the instruction should not be confined to English law, from pointing out some indirect advantages that
schools, but as a condition of admittance to the but should embrace jurisprudence, and the most would, in my opinion, result from it. All that
subsequent pass examination.

It is obviously valuable contributions to a knowledge of jurispru. time has permitted me to do is to point out the impossible to specify precisely, the degree of dence, namely, the system of law of other countries, serious evils of the present system, to advocate acquirements that should be requisite to pass this ancient and modern, to which should be added the formation of a metropolitan law school, with eramination, but it would probably be sufficient international law. The extent to which studies control over the right of practising the profession, for the purpose, if it was of about the same outside the knowledge of English law as it is, and as their remedy, and to deal with a few of the character as the university middle class examina- the history of English law, should be imposed as more prominent questions affecting the constitutions, and the passing of those examinations, conditions of liberty to practise, is a question of tion of such a school as I propose. and also the passing the matriculation ex• practical detail which it is impossible fully to deal amination, or taking a degree at any university, with at this time and place. "I think, however, it should supersede the necessity of passing such may be affirmed, that the study of the civil law,

BANKRUPTCY LAW. There should also be and of jurisprudence, which cannot be beneficially preliminary examination. an intermediate examination to test the progress of studied without some knowledge of foreign sys. the students, and to prevent, as far as possible, tems of law, and of the history of law, should to NOTES OF NEW DECISIONS. a system of cramming for the final examination.

some extent form a necessary part of the educa. where a student had taken a law degree at any tion of every lawyer.

BANKRUPTCY ACT 1869, s. 92–FRAUDULENT

PREFERENCE—“ WITH A VIEW OF "_" VOLUNother university, this examination might safely be When, however, we consider the extent of the dispensed with. There should finally be a pass field of study that is thus opened to our A bankrupt having shortly before his bankruptcy

TARILY"-CONTEMPLATION OF BANKRUPTCY.examination. The question then arises whether view, and when we further take into consider: made a large payment to a creditor, the trustee there should be more than one, or only one, pass ation the exigencies of our extensive empire, and claimed to have the money refunded on the examination, that is, whether there should be the peculiar knowledge required by those who ground that the payment constituted a fraudumore than one rank grade of certificated students have to administer the laws of colo.ial dependen- lent preference under the 92nd section of the or graduates.

cies, which include almost every system of law Bankruptcy Act 1869. The County Court judge On this point it might perhaps, be contended known to the modern world, it is obvious that a directed the question to be tried by a jury, who, that as the judges and superior law officers are legal university adequate to the demands of the in reply to the issues left to them, found that the taken from the Bar, the permission to practise at metropolis of the empire must include some sub- bankrupt was, at the time he made the payment, the Bar should require a higher test of qualifica- jects of study which it would not be necessary for unable to pay his debts ; that he did not make the tion that the permission to practise as an attorney every English practitioner to be acquainted with, or solicitor. It may also be argued, and with and inust push the instruction on many subjects Other creditors ; and that he made the payment vo

payment with a view of preferring the payee over his some degree of force, that if one pass examina- of study to an extent not requisite for every luntarily and without real pressure from the payee tion, and one pass examination only, is required, student. it would be either too severe a test for some mem. As to the mode of instruction in the proposed

at a time when he might be reasonably supposed to bers of the one branch of the profession, or no university, it must by no means be concluded that know that bankruptcy was imminent. Held, that sufficient test at all for the other. because a systematic mode of teaching and study did not make the payment with a view of prefer

as the jury had found as a fact that the bankrupt On this point, however, it is well to ascertain ing the law, and the extension of the subjects ring the payee over his other creditors, the paywhat are the opinions of the profession itself. required to be studied is advocated, and be ment did not amount to a fraudulent preThe point chiefly concerns attorneys and solici. cause the defects of mere unguided private reading, ference under the 92nd section of the Act. tors, as it may be at once conceded, that if there and of learning solely from actual practice, are Held, also, that the issue left to the jury, whether is to be only one test examination, it must be a strongly dwelt upon, that I would propose to sub, the bankrupt made the payment voluntarily and thorongh and complete test of legal acquirements stitute a system of teaching by lectures, or oral without real pressure was wholly immaterial, and in every branch of law, with

which it is desired instruction, alone, for the present system. The that the issues ought to have been in the very that students should be acquainted.

reverse of wrong is not right, nor would I for a The Incorporated Law Society of the United moment

contend that any of the present teaching, included the question whether the creditor was

words of the 92nd section, and ought to have Kingdom has generally been treated as a sort of whether by private reading or by paactical experi payee in good faith and for valuable considerarepresentative society of attorneys, and the sub- ence in the chambers of a barrister or attorney, tion,” but that as no objection had been taken to ject of the proposed Law University has been is needless or should be omitted in the education the findings of the jury the court could

not go fully and repeatedly discussed both by the council of the lawyers in the future. Law is, to a great behind their verdict. Decision of the Chief Judge of that body, and by the members at three extent, a practical science, and lawyers have to (25 L. T. Rep. N. S. 276) affirmed. Semble, that in general meetings, and the result has been that a deal with men, their complicated transactions, the 92nd section of the Bankruptcy Act 1869, the practically unanimous opinion has been expressed their prejudices, their ignorance, and their meeting, that the examination for qualification to books would be utterly abroad if he were to be equivalent to the word * voluntary" in the tech both by the council and the members in general passions, and a mere student of lectures and words “ with a view of giving such creditor a pre

ference over the other creditors are practically practise as an attorney should be the same as, and at once brought in contact with the exigencies of nical sense which it had under the old law; and not inferior to, the examination for qualification the daily practice either of the advocate of, the that the provision as to the person making

the to practise at the Bar.

attorney. Nothing, therefore, can or ought to payment becoming bankrupt within three months Indeed, the resolutions of the general meetings dispense with the practical training of lawyers by after the date of the payment is substituted for of the society go even further than that, and experience, whilst in a state of pupilage, of the contemplation of bankruptcy” under the old point to the choice of the branch of the profession actual business transacted by lawyers. Nor do law: (Ex parte Bolland ; Re Cherry, 25 L. T. Rep. to which the student will devote himself, being I believe that the amount of experience of actual

N. S. 646. Chan. App.) made after, and not before, the close of the period business now thought necessary for the student of study. This, of course, involves the surrender can in reality be much reduced. What is wanted BANKRUPTCY Act 1861, ss. 194, 197—DEED OF of the practice of articles or apprenticeship, and, is, that the student should be better prepared to INSPECTORSHIP-REGISTRATION UNDER s. 194– considering what a considerable emolument ac benefit by the observation of the actual practice JURISDICTION OF THE COURT OF BANKRUPTCY. crues to attorneys, from the fees paid by articled that he sees. At present, much of the time spent Sect. 197 of the Bankruptcy Act 1861, gives the clerks, a great portion of which would probably in chambers or offices is wasted for want of the Court of Bankruptcy jurisdiction of deeds regisbe diverted to members of the Bar by the aboli- necessary preliminary knowledge.

tered under section 194 of that Act. Ex parte tion of articles, such a resolution may fairly be Wailst therefore hoping that the mere appren. Atkinson ; Re Brooksbank (22 L. T. Rep. N. S.279 ; considered as a very remarkable sign of the opinion ticeship qualification of attorneys will bed L. Rep. 9 Eq. 736), followed. Ev parte Morgan ; of that branch of the profession.

abolished, I think that both barristers and attor. Re Woodhouse (7 L. T. Rep. N. S. 729 ; 1 De. G. J. The question, however, of one or more exami- neys should be required, in addition to the & S. 288), not followed : (Ex parte Clough; Re nations, is to some degree involved in another examination test, to give proof of actual study of Ingham, 25 L. T. Rep. N. S. 646. Chan. App.) question namely, that of whether the new school practice in the ehambers of a barrister, or the should have power to grant degrees in law. An office of an attorney, or both. Lectures also will objection has been raised as to their having such not only be no substitute for experience of actual

LEGAL NEWS, & power on the ground that a school or college practice, but also will be no substitute for private for one special subject has no claim to be called rending. Indeed, in many cases, useful lectures a university, and moreover that a degree though will be rather a guide to the student in his read. RUMOURS, according to John Bull, are again granted in special subjects implies general acade. ing, than a substitute for it. Even oral teaching very prevalent as to Sir Roundell Palmer becoming mic training

in the proposed university may not necessarily be Lord Chancellor. It is not essential for the objects for which the confined to lectures addressed to large audiences ;

At the Manchester gaol sessions a report was establishment of law schools, and a test examina- probably a more private system of teaching, read from the surgeon, in which that officer recomtion, are here advocated, that the examining body somewhat analogous to the tutorial system of the mended the use of Australian preserved meat in should have power to confer degrees, and there old English Universities, may be advantageousiy the prison. He reported that the saving upon the fore as there is much to be done yet, before this mingled with it. In short, what the Law Univerpresent price of fresh meat would be 40 per cent., desirable reform can be accomplished, it will be sity should do would be not to substitute some while the food would be quite as nutritious as well not to confound the essentials of the propo- thing else for the present system of learning the English meat. sals with adjuncts which may be dispensed with. law, but to add something to it, but which not

SCENE IN COURT.-At the sessions in Sheffield, If the proposed institution had the power of only a wider scope of instruction should be granting degrees, it by no means follows that the attained, but the present system of teaching and to seven years' penal servitude, when she received

a woman named Hackett, who had been sentenced pass examination for liberty to practise, and the learning should be better utilised. pass examination for the degree, should be the In what order of time the various parts of the her sentence took off her boot and threw

it at one same. The degree might be the badge of a superior proposed new system should be taken must be of the witnesses, and said she would be revenged degree of knowledge. There would be this advan: left to a great degree to individual judgment and when she came back. She also attacked two tage in the power of granting legal degrees vested to experience.

policemen who were in the dock in a savage in a responsible public board, namely, that the With regard to the mode of supporting the manner, uttering loud imprecations; and some necessary condition of the inere right to practise) making it self - supporting. holding of such degrees (though not made the University, I can see no difficulty whatever in time

elapsed before she could be removed. The

In the London confusion in court was very great. might be advantageously inade the condition of colleges, and the medical schools, the yearly fees

NEW COUNTY MAGISTRATE.-At the Epiphany eligibility to certain public offices of a legal or payable by each student are not less than from Quarter Sessions, held at Carnarvon on Thursday judicial character. This would be both a better twenty-one to twenty-five guineas a session, and last, Mr. John Churton, of Moranned, Rhyl, and guarantee for sufficient knowledge than we now fees of about that amount, or not much exceeding Chester, took the paths and qualified as a magispossess, and would be & great stimulus to legal it, would be amply sufficient to support a Law trate for the county of Carnarvon, upon the nomistudies of an advanced character. This course was University.

nation of Lord Penrhyn, the lord lieutenant. substantially recommended by the House of Com. I regret very much that the necessary limit of RECANTATION.-Mr. Green, the barrister, whose mons Committee of 1846.

a paper read before this association prevents me abjuration of the Christian for the Mahomedan It would lead me to transgress the limits of from going more into detail on many subjects faith caused considerable excitement some time this paper, were I to go in detail into the subjects connected with the working of the Law University ago, is said to have come back to the profession to be taught in public law schools. Clearly the ' whose establishment I advocate, and likewise of Christianity, and the Mahomedan wife he took

OF

Summopses

38,410

127.221

Years.
1866
1867
1868
1869
1870

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for his discarded Christian spouse has had to assessment to the Commissioners of Taxes at THE LIABILITY

STOCKJOBBERS. — The return to her people.-Bombay Gazette.

Stratford, upon which occasion the envelope in Master of the Rolls delivered judgment on Thurs. SUSPENSION OF A GAOL Governor. – Mr. question had been sent. He was a clerk in the day morning in the case of Rennie v. Morris, Wrenn, the Governor of Cardiff County Gaol, was

City, and also carried on the business of perfumer argued before his Lordship in Dec. last, which suspended yesterday by a resolution of the Gla- at Walthamstow. Not having any envelopes he raises for the first time the question of the morganshire Court of Quarter Sessions, on a had gone to the office of a solicitor opposite and liability of a stockjobber who passes to the charge of irregularity in the prison accounts. Mr. borrowed two, as he had often done. When he vendor's

brokers the name of an infant-of one, Cox, the governor of the Swansea House of Cor: addressed the envelopes he did not observe the that is, who is not competent to enter into a con: rection, was at the same time censured for a simi. crest upon them, nor had he any wish to break the tract. In this case Lord Romilly has decided lar occurrence. The principal irregularity con law. The chairman said they would reduce the that the remedy of the plaintiff, who has bad to sisted in charging second-class fares for prisoners fine to the lowest in their power to inflict, viz., pay calls upon the thirty shares which he trans. conveyed by railway at third-class rates.

one-fourth of the full penalty, which was 201. They ferred to one Robert Graham, jun., in May, 1866, RETIREMENT OF DR. BAYFOED, THE CHIEF Commissioners that they belived the defendant against the dealer who simply passed it. The

wished, however, it should be represented to the was against the brokers who issued the name, not REGISTEAR OF THE PROBATE COURT. - Dr. Bayhad no intention to evade the law, and that they suit in his opinion was misconceived, and the bill ford, the chief registrar of the Probate Court, is strongly felt that it was a case for still further therefore must be dismissed with costs. about to resign his appointment, and will be sucmitigation. The defendant was then fined 5l. and ceeded by Mr. C. J. Middleton. The learned

County Court FEES.- A correspirdent of the costs. doctor, who has been registrar from the com.

Times says: Permit me to point car mu.29 im. mencement of the court, in 1858, will carry into

ADMISSION OF ATTORNEYS.-There are 114 portant consequences which have followed the his retirement the respect of his profession. Dr. original applications to be admitted as attorneys passing of the Act 30 & 31 Vict. c. 142 (Aug. c), Bayford has already resigned the chancellorship in the present term, besides six under judges' 1867). By sect. 5, if a plaintiff does not recover of the diocese of Manchester.

order, nineteen for Hilary vacation, and a number a sum exceeding 201. in an action founded on con. THE MORDAUNT DIVORCE CASE.-There is

tract, or 101. if founded on tort, in actions com. of renewed applications. every probability that some further action will be JUDICIAL COMMITTEE OF THE PRIVY COUNCIL.

menced in the Superior Courts, he is not entitled taken in the case of Mordaunt v. Mordaunt in the

-On Thursday morning the sittings were resumed

to costs of suit unless the judge shall certify there

was sufficient reason for bringing the action in the course of the ensuing term. It is now some time before Sir J. Colvile, Sir R. Philliinore, Sir M. since the respondent was removed from Dr. Smith, and Sir R. Collier. Their Lordships have Superior Court, or unless the court, or judge at

chambers, shall allow costs. Wynter's care at Chiswick. There is but little a list of fifty-two appeals, besides one patent case, doubt that initiative steps to bring the matter to and four appeals for judgment.

Appearances.

133,160 The Lord Bishop of Manchester has appointed an issue will be taken on the part of the petitioner,

38, 196 and it is understood that the only way left open is Mr. Richard Copley Christie, barrister-at-law,

82,870

29,747 for Sir Charles to obtain a rule to show cause why M.A. of Lincoln College, Oxford, to the office of

81,778

27,519 the Judge-Ordinary of the Divorce Court should Chancellor of the Diocese of Manchester, vacant

72,660

23,577 not rescind the order his Lordship made upon the by the resignation of the Worshipful Augustus finding of the jury; and in the event of that rule Frederick Bayford, LL.D. Mr. Christie has for Thus, this Act, which, in the section cited, apbeing refused, then it will be competent for the many years past' practised with considerable plies to actions of 201. on contract and 101. tort, success both as a conveyancer and as counsel in of summons, and 14.833 appearances, or notices

in four years caused a diminution of 60,500 writs petitioner to go to the House of Lords on the point. the Chancery Courts of the County Palatine at

of defence in the Superior Courts. There is not IMITATING COUNTY COURT PROCESS. - At Manchester and Liverpool.

yet any printed return for the year 1871. In all the Essex Quarter Sessions, John Robert Bolland, DIVORCE LAW IN SCOTLAND. — The Walker

cases in the Superior Courts the employment of a grocer and baker at Stambridge, was indicted divorce case was before the Lord Ordinary in the any attorney is necessary. It is otherwise in the under the Act for having under a false colour and Court of Session on Tuesday. His Lordship has County Courts. In 1866 there were 3168 jndg; pretence issued a paper professing to have been issued an interlocutor, in which he remarks that ments entered up on judges' orders on default of issued from the Essex County Court, sittirg at the only sound rule that can be adopted in such services, and in 1870 there were only 1658. There Rochford. Ir. November Burrows, a customer of a case as the present, where both parties have

were 30,010 judgments entered on aiñidavits of ser. the defendant's, was in default of his payments, been equally guilty, is that the aid of the law as vice in 1866, and 18,302 in 1870. In the Conrt of and the defendant sent a letter to him headed regards their patrimonial rights ought not to be Exchequer in 1867 the number of bills taxed, er“Rochford County Court," and signed " The given to either, and that they should be allowed clusive of those taxed under the statute, pero Clerk of the Court,” stating that he (the clerk) to sustain the loss accruing to them respectively 3930, and in 1870 the number was 4010, or a differhad received instructions from Mr. Bolland if thé in respect of their patrimonial rigkts as they

ence of nearly 5000. There are no similar returns money was not paid by the Saturday to take out stood at the date of the dissolution of the marriage from the Courts of Queen's Bench or Common execution to compel him to pay. The jury found -a dissolution brought about by the fault of Pleas. The number of cases sent from the Superior the prisoner guilty, but recommended him to both.

Courts to be tried in County Courts in the year mercy on the ground that he acted in ignorance. A STOCK EXCHANGE CASE.-A caso affecting 1870 was 497. Few persons probably have an ac. The defendant was sentenced to fourteen days' the conduct of a stockbroking firm was decided curate idea of the protection afforded by the Act imprisonment.

on Wednesday by the committee of the Stock Ex of 1867. Before it passed it was no uncommon OUSTING A JURYMAN.--A singular incident change. It is alleged that some time ago a client thing on the execution of small orders for goods to occurred at the Cambridgo Borough Sessions. In of the firm in question took proceedings with the send more than the quantity ordered, and to issne & a criminal case about to be heard, Mr. Atthawes, view of recovering a large amount due to him, and writ from one of the Superior Courts if the money on behalf of the prosecution, informed the that the action was stopped on the payment of a demanded were not paid. Payments so demanded recorder, after the jury had been sworn, that one very considerable sum. The circumstances having were frequently made through the terrors of the of the jurymen was bail for one of the prisoners, come to the knowledge of independent members of costs of a defence. It constantly occurs that plainand applied that someone should be sworn to the Stock Exchange, they demanded an official in- tiffs for amounts reaching the highest sums that can serve in his stead. Mr. Browne objected, on the vestigation. It then transpired that the firm be sued for (502.) enter their own cases in the County ground that the challenge should have been made implicated had destroyed their books, and the Courts and obtain judgments without any profes; before he was sworn ; in this instance the jury- partners were suspended by the committee, and sional assistance. So, also, as defendants most man was sworn, and a writ of error would lie in prohibited from transacting business with the properly, are not required to file plens of defence, case the recorder allowed the challenge on the Stock Exchange for one year. There is conse- | though attorneys very frequently and needlessly part of the prosecution. The learned recorder, quently a strong feeling in favour of further present them to the court, they are able and do however, allowed the objection, and the juryman inquiry.

constantly defend themselves without professional referred to left the box. Mr. Horace Browne then requested the recorder to take a note of his objec- trustees is becoming almost unbearable, and no

LIABILITIES OF TRUSTEES.—The position of assistance. Let the costs and charges of solicitor

and client and fees on procedure of the Superior tion, which course was adopted.

step is left untaken to reduce them to atter Courts be fairly contrasted with those in the THE LEGAL SEVEN-LEAGUER.— The new judge, despair. A case has just been decided by Mr. County Courts, and the cry respecting County Sir R. P. Collier, whoso sensational jump to the Serjeant Atkinson, the judge of the Huddersfield Court charges will be found to be the lamentation Judicial Comunittee of the Privy Council over the County Court, which will not tend to increase the of attornoys and not of suitors, though suitors in heads of his brethren is fancifully depicted in the comfort of trustees in bankruptcy. Hammond County Courts need a better system of taxation Hornet, is described by that paper as—“One of Parker, a joiner and builder of Huddersfield, being of costs than exists at present. The amount of those few fortunate lawyers who manage to get unable to meet his engagements, a meeting of his money sued for in the County Conrts in 1870 was their judicial merits recognised by the Government creditors was held in February last, on which 2,644,7631., and the amount of judgments was before they get too old to exercise them; though occasion it was shown that he owed to unsecured 1,321,2331. The difference--namely, 1,323,499.how far the recognition may interfere with the croditors 8651. 7s. 5d., and that the assets were

represents generally the amount of money paid to administration of English law is a question yet to 3981. 2s. 11d., and a dividend of 8s. in the pound plaintiffs after the simple service of summonses be fought out by Chief Justice Cockburn and was expected. Mr. Cotton was appointed trustee,

on defendants. A summons when issued is served the Prime Minister. Sir Robert in Parliament and on several occasions brought before the court in any part of England and Walos. its cost, in. made laws in the name of Plymouth, and to him Mr. H. Wilde, accountant, the acting executor cluding the entry of the plaint, is ls. in the pound. we are indebted for that beautiful commercial under the will of Jonas olafield, deceased, in This sum is repayable by defendants to plaintiff's. principle, limited liability-a triumph of legisla- reference to a mortgage upon the bankrupt's trade It is sometimes whispered that some registrars tion--the first fruit of which was a crisis ; the premises, and also in his private capacity in refer- aid their brethren by diverting suitors, in the general application disastrous speculation made ence to some building contracts. After some higher class of cases, to private oflices from the easy. The legal profession owe Sir Robert a debt months of litigation the trusteo was unsuccessful, County Court offices. It is difficult to ascertain of gratitude for this, the winding-up of public and then Mr. Wilde contended that the trusted the fact, if true; and, if it were true, it ought companies having become one of the most profit. was responsible for the costs, and an action was

certainly to be a punishable offence. It is not able branches of English jurisprudence. We are brought to settle the question. At that time all the administration of the law itself in the Sapelikewise indebted to him for relieving the ecclesias- the estate had been exhausted, except 11. 2s. 7d., rior Courts, respecting which not even a whisper tical courts of their probato work, and transferring and Mr. Cotton contended that he could not be of complaint is made, but the enormous costs of its unutterable dulness from Doctors'-cominons to called upon to pay more than that sum, seeing procedure which are complained of. Westminster. As a lawyer he is acknowledged by that he had acted under the direction of the com- JUSTICOS' CLERKS' FEES.-A curious contenall but his rivals to be of the first rank; az a poli. mittee of inspection and their solicitor, and that tion has arisen between the Home Secretary and tician he must be a very remarkable man, as he all the steps taken were by their instruction and the justices of Oxfordshire respecting the jushas been enabled to give a firm and conscientious with their consent. The judge, however, decided tices' clerks' fees to be enforced in that county. support to Mr. Gladstone's Ministry.”

that the trustee was personally liable, and made it appears that at the Epiphany Quarter Sessions ARMORIAL BEARINGS. -r. C. W. Jarvis, a an order accordingly. Mr. Cotton therefore has 1809. tho court made a new table of fees, which perfumer, at Walthamstow, was charged at had to pay 33l. out of his own pocket. This was submitted to the Home Secretary for the Ilford petty sessions with having used should be a lesson to all who are rash enough to approval, pursuant to the 11 & 12 Vict. c. 13, armorial bearings without a licence. The defen. attempt that process known as "the discharge of s. 30. That statute empowers the Secretary of dant said that these proceedings were the result a duty.”—[ N.B. The case will be found fully re. State for the Home Department “to alter sueli of spite, owirg to his appealing against his ported in last week's Law TIMES.-ED.)

table."' On the 29th Jan. the Home Secretary

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JAN. 13, 1872.]
THE LAW TIMES.

acknowledged receipt of the new table, and after whether, while the property continues in the in its nature as to designate the very act to be
intimating his disapproval of it, drew attention to vendor, the proposed vendee would be bound to done in parsuance of it: (see cases cited, Byrne
a table of fees enclosed, prepared by the Exami- accept goods not according to sample or warranty, on Bills of Sale, 2nd edit., 103, 111.) In a recent
ners of Criminal Law Accounts, and which he may still be deemed a debateable question. If County Court case, where it appeared that the
recommended the justices to receive and adopt. not executory merely, or when ceasing to be so, agreement was made on 28th March 1867, and the
After fully considering this table, the court felt the property immediately vests in the vendee, and bill of sale was not given until 21st July 1870,
compelled to reject it, and fell back upon a table the right to the price in the vendor. But, though it was held that the bill could not be sup-
in force in 1847, which they believed required no it is not superfluous to iterate these distinctions, ported, Serjeant Wheeler, who presided, laying
alteration if community of action in the construc- it would hardly seem that an agreement could be down, that the agreement should be so connected
tion and application of the various items of the deemed otherwise than merely executory, which, with the deed as to make the two essentially one
table by the recipients of the fees could be on the face of it, and in conformity with the pur- transaction, near in point of time and knitted
arrived at. That object having been ultimatoly pose of the parties, expressly contemplates the together in point of fact, and that laches might
obtained, the Home Secretary was apprised of execution of a subseqnent assignment, in order to give rise to the presumption that the agreement
the result in Dec. 1870, and his sanction of the transfer the right of property and possession had been waived: (Re Dirom, Law TIMES, vol. 1. p.
1847 table solicited. On the 3rd March 1871, the (Ridgway v. Wharton 6 Å. L. Cas. 268, 305: / 324.) In a yet more recent case, the facts of which
Home Secretary again communicated with the Filmer v, Burnby, 2 M. & G. 529 ; c. f. Phillips appear in the following judgment, Bacon, C.J.,
justices, refused to give his approval, and trans. v. Furber, L. Rep. 5 Ch. App. 476); we shall said: The question involved in this case carries
mitted a further report of the Examiners of accordingly confine our further comments to exe- the rights of a bill of sale holder to their greatest
Criminal Law Accounts, with another table of cutory agreements. Under an executory agree. limit. On the 7th July 1870, the bankrupt having
fees (varying slightly from the former one), ment, so long as it continues such, the property or then committed no act of bankruptcy, and being
which he suggested ought to be adopted. The right of of possession in the chattels themselves is therefore perfect master of his property, gives &
effect of the report was a condemnation of the not trsnsferred, and the vendor cannot sue for the bill of sale over his furniture to the respondent;
1847 table, and an objection that it assumed to purchase money. And, if illegal, money paid upon and there is no ground, in my opinion, for saying
transfer to the justices a power vested by the it might be recovered, so long as it remains merely that the bill of sale was a fraudulent preference,
statute in the Home Secretary of State. No notice executory. But, if legal, an executory agreement as it was give on request and in accordance with a
was taken of this by the justices, and the matter for a bill of sale is perfectly binding between the previous agreement (Oct. 1868). I cannot find any
remained in abeyance up to September last, when parties, so as to give either a remedy against the authority, nor can Mr. Bagley refer me to one, for
the Home Secretary recalled attention to the sub-person or general estate of the other in case of his statement, that an agreement to give a bill of
ject, and expressed a desire that the court would default : (see in Bankruptcy, Re Hide, 25 L.T. Rep. sale must be registered, and I cannot enlarge the
see the propriety of having the examiners' table N. S. 609.) They have no special remedy growing Act to that extent:" (Re Broadbent, L. Rop.
"immediately settled, and the fees rendered more out of the relationship of vendor and vendee, or 12 Eq. 598.) Perhaps we might vonture to quote
in unison with modern law and practice.” To that mortgagor and mortgagee. In case of breach, the from Re Dirom (sup.), a dictum of the pre-
the justices replied by expressing a desire to with. remedy of either party, or their personal repre- siding judge, on the point of registration. * A
draw the table submitted in 1869, and declined to sentatives, is by action at law for damages; but creditor,” he observes, "who has a mere verbal
submit any new table for approval. But this the an action will not lie against a sheriff, on a agreement with his debtor, that the latter should
Home Secretary refuses to permit, and observes promise to execute a bill of sale to the plaintiff's execute a bill of sale, ought not to be in a better
that it is his duty "to make such alterations in nominee. And, in general, a court of equity position than a creditor who has a writing, because
that table as may be considered necessary to make would refuse to interfere by a decree for specific in the case of a writing it would bo void as against
it better adapted to the modern changes in law performance or injunction, unless, under special creditors unless registered, whereas of a inere
and practice." Under these circumstances, the circumstances, tho remedy by way of damages verbal agreement there can be no record.” But
clerk of the peace was instructed to take the would be inadequate. (As to enforcing specific we must further observe, that there is also a deci-
opinion of Mr. Tindal, barrister-at-law, who advises delivery at law, see 19 & 20 Vict. 97, 21.)And, sion of Stuart, V.C., in point, which was not
that the Home Secretary has no power to compel while the proposed vendee or mortgagee does not cited. In the case referred to, it appeared that a
the justices to lay before him a table of fees in acquire the jus disponendi, and could not main. written memorandum, dated November 1861, was
any particular form, and especially one which, "in tain trover against the vendor or mortgagor, on given, whereby the party agreed that he would
their opinion,” is inappropriate. "As the meaning the other hand, the vendee or mortgagee would be assign certain chattels. A formal assignment vras
and object of the 11 & 12 Vict. c. 43, s. 30, are to subjected to none of the liabilities of an owner, subsequently demanded, but declined. In Vay
enable the justices to frame and originate a table and would not be the sufferer if the gocds were 1865, the agreement was followed by open delivery
of fees, which the Secretary of State is empowered lost or destroyed (see Head v. Tattersall, 25 L. T. and possession; and, for this reason expressly,
to supervise and alter, all he can do is to alter Rep. N. S. 431). Yet, as against mere trespassers, and not because the memorandum was a mere
the 1869 table now in his possession, but such the party deriving under the agreement might agreement to give a bill of sale, the Vice-Chan-
alterations must not be carried to the extent of maintain trespass or trover according to cir- cellor held that registration had become unneces-
making it a new table. The justicos, he helds, cumstances. If perfected by open delivery and sary: (Piercy v. Humpheys, 17 L. T. Rep. N. S. 463,
having submitted that table, have no power tó possession of the goods, at any time prior followed, on the point as to possession ; Smith v.
withdraw it, except indirectly, by submitting a to an execution against the maker of the White, 5 Ir. L. T. Rep. 74; cf. 5 Ir. L. T. 181).
new table. Correspondence with the Home Office agreement or of his bankruptcy, &c., the claims So far, therefore, as regards direct authority,
is still proceeding in reference to the subject, the of his assignees or execution creditors will not we may be permitted to consider the question
satisfactory settlement of which appears somewhat prevail, and in such case the Court of Chancery as not yet concluded. Mr. Barley's argu-
remote.

would interfore: (Piercey v. Humphreys, 15 L. T. ment, in Re Broailbent, was that, to hold Rep., N. S., 345 ; 17 ib. 463; 1 W. N. 338 ; see 5 Ir. registration unnecessary, would be to render these

L. T. Rep. 74. But we may observe that a mere agreements most formidable pocket-instruinents, LEGAL EXTRACTS

equitable interest under an agreement, may be of which we concede; and that they virtually possess

such a nature as, of itself, to create a lien not to the potency of bills of sale, to which our previous AGREEMENTS FOR BILLS OF SALE.

be defeated by the claims of execution creditors : comments conld, at most, permit us to accede but

(Brown v. Bateman, L. Rep. 2 C. P. 272 ; see sub modo. On the other side, it was simply said, (From the Irish Law Times.)

Gurnell v. Gardner, 9 L. T. Rep., N. S.367). When, that these were moro properly considerations for EXECUTOPY agreements in writing, for the giving in pursuance of a prior agreement, a bill of salé the Legislature, and that, in terms, the Act of of bills of sale subsequently, are endowed with is executed, the latter is the only evidence of the Parlia:nent had not included in such agreements. many exceptional advantages. It was reserved, contract; so, though the bill being unstamped, is Possibly, an argument might be founded on the however, for the recent decisionof Re Broadbent, es itself inadmissible. But evidence might be given analogy of the decisions on the Statute of Frauds, parte Homan (to which we shall more fully advert of a purely collateral agreement. And evidence with respect to executory agreements, and of the in the sequel), by determining that such agree- would be allowed of an original verbal agreement, cases in Bankruptcy on 12 & 13 Vict. c. 106, s. 184 ; ments are invested with an immunity from the showing that a bill of sale was contemplated, 20 & 21 Vict. c. 60, 8. 339, bearing also in mind exigency of registration, to extend to their though a subsequent written agreement did not that the Registration Act has been held to apply furthest declared latitude, the privileges and mention it, where the latter was not intended to t:) bills of sale of futuro acquired property. But profitableness of these instruments. Nor is it im. contain the whole agreement. An agreement with onr space compels us to advance to other conprobable that, adapted as they are to contingen- an adhesive stamp will not be evidence, unless siderations. cies of continual recurrence, and possessing such the date and the name of the person cancelling the Now, if there is any class of Acts that onght special commendations, agreements for bills of stamp are written across the stamp: (Holloway v. to be construed strictly, it should be those sale may command yet more general adoption. Burrell, Law TIMES, vol. li. p. 400.)

which, having for their object the prevention And, as the consideration of the principles appli- As the proposed mortgagee or vendeer under an of fraud, have in certain cases a tendency to cablo to these agreements has not been embraced executory agreement, could not be deemed the invalidute bonâ fide contracts (2 H. & c. 1); within the scope of the standard text-books on "true owner of the goods, they would not pass and, as this statuto abridges the common law bills of sale, it may not be inexpedient that we under the repated ownership clause of the bankrupt right of alienation of property, it should not receive should the more prominently and at large discuss code. Neither would a mere agreement to give a an operation beyond what is absolutely necessary to the subject, which is one both of legal interest and bill of sale amount to an act of bankruptcy ; carry out what is clearly and expressly prescribed of no inconsidereble commercial consequence. Mercer v. Peterson, L. Rop., 3 Ex. 105. And where by its provisions, but should rather be construed

Agreements, providing for the execution of bills the agreement was valid and binding, and not in favour of parties so deprived of their rights : (14 of sale, are given in contemplation of either bills fraudulently contracted, retrospective effect will be Ir. C. L. 375-6 ; 7 Ir. Jur. N. S. 201; 1 Rob. Eccl. of sale absolute or conditional. Those for an ab- given to a subsequent bill of sale executed in pursu. R. 27.). And, though it may be urged that, being solute bargain and sale come within the provisions ance of it, which will thereby acquire validity. So, a a remedial statute, it should be so administered as of the Statute of Frauds, when the goods are of post-nuptial settlement made iti pursuance of an to advance the remely and suppress the mischief the value of 10l.; or if the goods are under that ante-nuptial agreement; and we may notice that in (1 Ir. Jur. N. S. 202), yet its language should value and the agreement is not to be performed, such case, the settlement will not require registra- receive its ordinary meaning, neither restricted within a year.

If the goods are specified, ascer- tion. But, if a subsequent bill sale is a voluntary nor enlarged, (12 C. B., N. S., 730 ; L. Rep. 6 C. P. tained goods, an agreement for bargain and sale deed within the statute against fraudulent con- 102 ; 10 Ir. C. L. 415.) Giving the terms of the interipso facto is not merely executory, unless it can veyances, it may be avoided, notwithstanding its pretation clause merely their ordinary signification, be shown that the intention of the parties was execution in pursuance of prior promises ; so the it will be perfectly obvious that under none of otherwise. But if the goods to be sold are not grantor might be criminally liable under the them are such agreements included, unless under specified, or if, being so, something remains Debtors' Act, 1869 (Eng.), if, without having been the words " or other assurances.' But, looking to be done by the vendor to put them in previously paid for by him, the goods were dis at the preamble, as in such case we are entitled to a deliverable shape, the presumption would be in posed of, though in pursuance of a prior agree-do (Dwarris on Stat. 503-6), we find that the the absence of positive contract or of proof of ment: (Reg. v. Thomas, 11 C. C. C. 535.) But the statute contemplated the case of persons keeping a contrary intent, that the agreement is merely subsequent bill of sale so given will not be a up a false appearance of being possessed of executory. Where, by reason of the goods not fraudulent preference, as the intent to defraud, property, of which others have the power of being specified, the agreement is executory, it within the bankrupt law, will be rebutted by the taking possession. Now, in the case of an may be converted into a bargain or sale by a sub. precedent contract. However, a contract within executory agreement, the possession of the party sequent appropriation of specific goods, in per. this rule is not answered by a wide, general pro. I making it is not illusory, according to the legal formance and pursuance of the contract; but 'vision to give security; it must be so far specific scope and effect of such agreements, and the parties

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deriving do not, by being holders thereof acquire the years, a sufficient part performance or part payment in in conducting the business on which their prosperity jus disponendi. And, though to hold that these agree. repect

of the agreement, so as to satisfy the statute : depends, and, if they have a right, to say P. G. ETT or if c) the

any other letter has a right, being a solicitor, to ask ments are exempt from registration would, in a

their suffrages and let the most popular candidate win. degree peculiar to them, open a door to extensive those on which they let the farm to A., and

do not set

up the statute as a bar, will their admittance, &c., as It is not, in my humble opinion, so mach a question of fraud upon creditors, yet, in the words of Pollock, agents, be conclusive upon D., the landlord, should he etiquette, but (if the matter is anything but a mere C.B., “We cannot extend the provisions of the object to it ? It is presumed that it A. can prove any

secret transaction which needs no extr.neous support) Act, merely because a particular contract or one of the three exceptions before named, he can plough

one of

Comxox SESSE. instrument is within the mischief intended to be up the wbole of the farm besides " the old grass land," remedied. If there is any enactment which ought and will not be confined to follow the custom of the

I am of any to be construed strictly, it is a clanse which des country.” If convenient, reference to cases will oblige. decision that the section applies only wbere the interen

of the infant is vested. (2) I think the words "may be clares that one thing shall mean another :" (7H.

entitled," ought not to be construed "may become & N. 457.) But. moreover, we may refer to the 64. ARTICLED CLERK,-The solicitor with whom I am entitled " in consequence of the improbability that the express authority of Bovill, C.J., in Brown v. articled (having passed his final) took his practising Legislature intended to introduce so sweeping and Bateman, that the words “other assurances,

certificate out at the Law Institution, which is dated radical a change in the law regulating the destination of are to be read ejusdem generis with those with

the 1st Feb., and the same was stamped by the Inland income by a side wind; and (3), that the words sho

Revenue, and bears date the 8th Feb. My articles were shall ultimately become entitled to the property" rewhich they are associated : (L. Rep. 2 C. P. 281.) entered into on the 7th Feb., " to serve him from the ceive a sufficient meaning by applying them to the case And the cases of Alsop v. Day. (7 H. & N. 457), day of the date hereof, for, and during, and until the (more common under old conveyancing forms than and Gojj v. Everard (2 H. & C. 1), further sup- full end and term of five years hence next ensuing." under modern ones) in which infants take interests port the conclusion, that a bill of sale, within the want to know whether or not, under these circam. vested, subject to be divested on death under twenty.

one. The subject is discussed 3 Dav. Conv, 192, 193, meaning of the Act, must be an instrument

on the tances, I comply with the Act by serving five years
with a practising solicitor ?

INQUISITIVE. 2nd edit.; Hayes and Jarmau's Concise Wills, 138, 139. construction of which the goods are, or are af.

Z. Y. fected to be, assigned, by virtue of the instrument

65. MARRIAGE SETTLEMENT.- A marriage settlement, itself. Indeed, the statute which provides for registration within twenty-one days from the funds consist of a'sum of less tban 10001. stock, the deed

dated in Oct. 1848, is impressed with a 358. stamp. The making of the bill of sale, can hardly be con containing also a covenant for

CORRESPONDENCE OF THE

be settlement any sidered to have expressly contemplated an execu- after-acquired real or personal estate.

Real and per

PROFESSION. tory disposition, the operation of which as a sonal property having accrued to the trust from various transfer is wholly dependent on a subsequent sources, a declaration of trust of the accretions has transaction. For these reasons

NOTE. - This department of the LAW TINES being open to been executed. Part of the personal property is of a we submit, in

free discussion on all professional topics, the Editor is not definite amount. Is the declaration of trust liable to conclusion, that agreements for bills of sale do any greater duty than 10s.? (See sect. 126, div. 2, Stamp

responsible for any opinions or statements contained in it. not require registration; but we contend that in Act 1870.)

S. B. E. this respect, as in many others (see 5 Ir. L. T. Rep.

SHERIFF'S OFFICERS' CLAIMS.-By sect. 123 of 143, 181 ; Law Times, vol. li. p. 419), the statute 66. Poor RATES.-Can any of your readers inform the Common Law Procedure Act 1852,

me under what Act of Parliament the owners of upoc. demands remedial legislative revision.

case of execution, the party entitled to execution cupied land are called upon to pay poor rates for the same ? It is only lately such a demand has been made execution, over and above the sum recovered."

may levy the poundage fees and expenses of the and I am unaware of any recent Act on the subject. NOTES AND QUERIES ON

The amount is trifling, but if illegal, it is an annoyance. The sheriff, if ruled, would return nulla bona

OMEGA. where substantial claims under bills of sale, rent, POINTS OF PRACTICE.

&c., were made. How, then, is it possible to conAnswers.

tend that he has levied or executed the writ? Notice.-We must remind our correspondents that this

ALTER EGO. (Q. 37.) CONVEYANCING-RIGHT OF VENDOR OR PUR. column is not open to questions involving points of law such as a solicitor should be cousnlted upon. Queries will

CHASER TO DISTRAIN FOR RENT IN ARREAR.-As the be excluded which go beyond our limits. replies of your correspoudent “Z. Y.” appear to us to

SHERIFFS' FEES.-There are two inaccuracies N.B.-None are inserted unless the name and address of the savour somewhat of curtness, and the case of Staveley in your report of Brewer v. Carter and Goold, which writers are sent, not necessarily for publication, but as a v. Alcock alluded to by him, is certainly not to the point, as it will probably go to appeal, wo think should guarantee for bona fidex.

we beg to refer T. S.” to Addison on Contracts, 6th be corrected. We did not refuse to pay as stated

edit., p. 317, and the cases there referred to, from which in your report, on the ground that Brewer, the Queries.

he will find that a vendor “has no power to distrain

for the rent that became due prior to the execution of sheriff's bailiff, was plaintiff, but on the ground 58. LIQUIDATION.-A, files a petition for liquidation of the conveyance, as he is no longer possessed of the that as there had been no levy on the goods of his affairs by arrangement or composition. He has reversion expectant upon the determination of the Edmunds, neither the sheriff nor the sheriff 3 been sued by several of his creditors, some of whom lease. Neither can the purchaser distrain for such bailiff was entitled to recover. Again, your report are in a position to issue execution. His solicitor rent; for it was a fruit fallen from the reversion at the

of the judgment contains the following paragraph : applies to the registrar for the appointment of a re. time of the conveyance of the demised premises to ceiver, and for an order to restrain. This is refused, on him." The purchaser may distrain for rent accruing

“Evidence was given that the defendants had the ground that such applications must be made by a at the time of the execution of the conveyance, that pointed out to the plaintiff the goods in question creditor. Is this ruling supported by any decision? If is to say: he may do so when it becomes due. See as those upon which the fi. fa. was to be levied.” so, references will obligo.

also Dart's Vendors and Purchasers, 3rd edit., p. 531. This should have been : *No evidence was given

W. and G.

that the defendants," &c. The subsequent part 59.-County Court EQUITABLE JURISDICTION.

(Q. 40.) CONVEYANCING.---It seems probable that in

of the judgment itself shows that your report in Wanted, a case where, upon the value of the estate the case stated by B. D., the pecessity for enrolling

this respect is incorrect. Perhaps you will insert being proved to exceed 5001., the County Court judge the conveyance was removed by 31 & 32 Vict. c. 14.

this letter in your next issue. has directed the suit to be transferred to the Court of

Z. Y.

CARTER AND GOOLD. Chancery, under sect. 9 of the Equitable Jurisdiction Act (28 & 29 Víct. c. 99). And will any correspondent

(Q.50.) CONVEYANCING.-Your correspordent“Т. Wil. advise whether the opening of a case in court is a kinson," should not be so anxious to find fault with THE LAW OF BASTARDY.-In your leader in sufficient advance in the proceedings to meet the words “during the progress of any suit or matter?"

E. A. S.”, and go so far as to imply that he has not Rus.

your issue of Dec. 30 hereon, you say, " A soldier taken the trouble to consult his text books, for I believe

cannot be proceeded against for bastardy." Will he has done so, and bis difficulty arises from the fact 60. Final EXAMINATION.-I should be glad to be well. that the text books and practice are at variance; and you kindly give your authority for saying so?

IGNORAMUS. advised as to the most profitable selection of books to

if “T. W." had come in contact with large conveyancing be read on the various subjects of the above. The firms he would have experienced this, and not have [Vide Queen's Regulations and Articles of War.fourth year under my Articles has nearly expired, but I adopted such an emphatic tone. Why should not the ED. L. T.] have only been able to read those works that were re

same rule which regulates drafts of all descriptionsquisite for passing the Intermediate.

A. C. e. 9., sending the draft for approval and receiving it
back again with amendments and modifications-apply

MARRIAGE SETTLEMENTS.- - In Prideaux on to requisitions ? And why should the purchaser be Conveyancing, by Whitcombe, vol. 2, pp. 188-9, a 61. APPOINTMENT OF NEW TRUSTEES.-By a deed exe. obliged to examine those returned to ascertain if they precedent is given with the following variations cuted in 1829, laud is conveyed to several trustees, the correspond with the originals ? Probably the reudor for investment - viz. : “1. Upon public stocks or survivors of whom are empowered when they sball be would never again require to refer to the requisitions, funds, or Government Securities of the lnited King. reduced by death or otherwise to three, or sooner it whereas with the purchaser it would be quite the cou: dom, or upon real securities in England or Wales they shall think, to appoint new trustees. All the trary, and surely be is justified in asking that the (but not elsewhere), and in no other mode of invest trustees except two are dead. Can these surviving originals may remain in his possession. trustees exercise the power without the assistance of

ment. 2. Upon any stocks, &c., of or guaranteed the Court of Chancery ? H. W.

by the Government of the United Kingdom or (Q. 51.) Town Council MEETINGS.-I apprehend that of India, or of any other British possession, or

in the case of a continued interruption or disturbance of any foreign state, or in stock of the Bank of 62. JUSTICE OF THE PEACE.-A district registrar of a

by a member, the mayor or chairman, after due waru. court of probate is residing in a town at a considerable ing, would be justified in causing him to be expelled.

England or Ireland, or upon any stock, &c., of distance from the district probate court to which he is

2. Y. any railway or other company in the United attacked, and seldom atteuds the office. He is a justice

Kingdom, India, or any other British possession, of the peace for the conuty in which the court is

(Q. 52.). APPORTIONMENT ACT 1870.-On a careful situnted. Can he lezally hold the otice of justice of the reavivg of this Act, I think it cle•rly appears that an

or in any foreign country, or upon the securities peace? The Act (20 & 21 Vict. c. 77), commouly called upportioumeut between the heir and executors or admi. of any municipal or other corporation or public the Court of Probu te Act 1857, under which the district pistratory is within its scope. In fact, where justice body, or upon real or heritable or leasehold securegistrars, &c , are appointed, sect. 21, expressly states

demands an apportionwent, it is ditficult to conceive of rities in any part of the United Kingdom, or in " that all registrurs, district registrars, &c., shull exe- a case of periodical payment to which the Act would any British possession, or upcn the security of cute their offices in person."

C. L.
not apply.

E. E. W. any lite interest in real or personal property, 63. THE STATUTE OF FRAUDS.-A. took a farm

There seems to be no doubt that rent is appor. together with a policy or policies of assurance on tionable in the casea stated.

the life or lives of the person or persons for whose

z. Y. from B. und C., os agents for D., the laudlord at the

life or lives such interest is holden." In a time of the letting and taking. The solicitor acting for B. and C. wrote down the terms thereof on paper, (Q. 53.) SEIZURE BY SHERIFF.-The sheriff has no

note (p. 188) it was suggested that, as which were afterwards intended to be embodied in an right to seize voods in the hands of a mortguyee. The comprehensive power, No. 2 might deter a agreement to be signed by the parties. A, entered execution.creditor may redeem.

Z. Y.

cautious trustee from accepting the trusteeship, nipon and took possession of the farm at once, and has

No. 1 being merely the old power for an occupied it for the last two years, but no agreement hus ever been signed, as was intended, in pursuance of the

(Q. 54.) MARRIAGE SETTLEMENT.-A post-nuptial set. investment in the funds and on mortgage security aforesaid terms. One of the terms written down was

tlement is not within the exception in Malins' Act; it only, this power (No. 3) might be used adyan. worded us follows: "The tepaut agrees vot to plough may therefore be surrendered under that Act.

is not made "on the occasion of marriage." The policy tageously, viz., "in or upon any.stocks, funds, or

Z. Y. up the old grass land.” It is evident that such an

securities of, or guaranteed by, the Governments ngreement as tbis, to be valid, ought, by the 4th sec

of the United Kingdom or of India, or of any tion of the Statuie of Frauds (29 Car. 2, c. 3), to be in {Q. 55.) ETIQUETTE.---It seems to me the answer to other British possession, including the stocks or writing, signed by the party or parties to be charged this rests as a question of law on first principles. It securities of any railway or other company in therewith, or bis or their agent thereto lawfully authorised, except (1) there is part performance, (2), part coucluded everything,

and the matter was thereby ! thereon guaranteed as aforesnid, or in stock of

A. B. C. 1. and E. by their private arrangement fiually India or elsewhere, having a fixed rate of interest payment with a view, &c., or (3) the agreement is ad perfected, undoubteoly the solicitor they named would the Bank of England. or the bonds or debentures mitted by the parties, and the statute is not set up ipso facto, have a paramount right. If, on the contrary, as a tar. Now, is A.'s possession of the farm and pay. shareholders ure an integral part of the company, surely of debenture stock or preference stock, or prement of the rent to D., the landlord for the last two they have a right to say what solicitor they will have ference shares of any railway or other company in

R.

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Great Britain, incorporated by Act of Parliament “That school boards should not be allowed to pay the 30th July, at which sixteen of the members or Royal charter, and paying a dividend on its fees in denominational schools.” The motion was were present, and a pleasant gathering was the ordinary stock or shares, or upon real or leasehold lost by a majority of five.

result. securities in England or Wales, but not else.

"A case of improper interference with the pracwhere, such securities being held for a term,

NORWICH LAW STUDENTS' SOCIETY.

tice of a solicitor by a member of the Bar (although whereof sixty years at least shall be unexpired at the time of such investment.” In the case I men. Ar an ordinary meeting of this society held on

not a practising barrister), was brought before a tioned in the Law TIMES (No. 1796), it may be the 3rd inst., Mr. S. Båldry in the chair. The general meeting of this society by a member, and presumed that the War Office authorities could following questions were discussed

: " Is an inno the matter very fully investigated at a special and

adjourned general meetings, attended by a large not or would not have recognised the trust, bat cent principal responsible for the unauthorised number of members, when a resolution was passed the husband's covenant to replace the advanced fraud of his agent ?" That it is inexpedient in to the effoct that the meeting considered that money wonld have secured its repayment, without civil cases to require the jury to give a unanimons great irregularity had been practised by the gentlelife assurance or other security, as the trader-verdict?” Both questions were decided in the

man referred to, and tho resolution as passed was although personally unsuited for business-suc. affirmative by a considerable majority.

sent to him. ceeded for several years as a commercial man.

“The treasurer's accounts have been audited, The Spectator (30th Dec.) contained a leading

LIVERPOOL LAW STUDENTS' SOCIETY,

showing a balance of 601. 175. 2 d., to the credit of article in favour of a State trustee, thus indorsing A MEETING of this society was held on Thursday, this society as compared with 381. 138. 2d. last my opinion of official trusteeship contained in the the 4th instant, at the Law Library, 14, Cook year." LA VOTIMES. The recent Chancery case of Scul street, Mr. James Lomax, solicitor, presiding; J. H. L. Jones, the report was adopted.

On the motion of Mr. Hyde, seconded by Mr. thorpe v. Tipper further proves the danger, diffi. The subject for discnssion was : culty, and inconvenience of private trusteeship, K. sue A. B. for an alleged libel, the libel being

The following were appointed officers for the under the present system. CHR. COOKE.

an article contained in a newspaper published by ensuing year : Mr. Bentley, president; Mr. R. P.

the defendant, which is as follows: Messrs. I. Hill, vice-president: Mr. Allon, treasurer and hon. IBISH CHANCERY COMMISSIONERSHIPS: --Allow and K. have introduced, and largely advertised, seo.; and Messrs. Hyde, Hughos, Bedford, Bird, me to thank your correspondent “G. H.," for his testimony to my, disinterestedness" in making bags. As we have not even seen the 'Bag of Bags,' an article of their manufacture as the Bag of and Corbett, committee.

It was proposed by Mr. Hyde, seconded by Mr. known to the whole profession in England and Wales" on official authority, that it is only an able, or that it is elegant. All these it may be, to Mr. Holyoake for his services as president

we cannot say that it is useful, or that it is port. Bentley, that the thanks of this meeting be given useless expenditure of time and money for them to but the only point we can deal with is the title, during the past year. take out commissions to administer oaths in the which we think very silly, very slangy, and very

It was agreed that the president and Mr. Hughes Irish Court of Chancery, inasmuch as by the vulgar, and which has been forced upon the notice should attend as deputies from this society at the 30 & 31 Vict. c. 44, s. 81, commissioners to ad of the public, ad nauseam.' The declaration meeting of the Associated Provincial Law Socie. minister oaths in Chancery in England, are empowered to administer oath's in the Irish Court of the declaration. Is the demurrer good ?" avers no special damage. Defendant demurs to ties to be held at the Law Institution, London, on

the 13th instant. Chancery also. I can only regret that my com

The affirmative was carried by a small majority. munication did not appear in sufficient time to prevent his incurring unnecessary expense

LEGAL OBITUARY. and trouble from which my caution alone saved | WORCESTER AND WORCESTERSHIRE LAW me. I am sure that those members of the profes.

SOCIETY.

SIR F. BRADY. sion and the public, who may have overlooked my The general annual meeting of this society was The late Sir Francis Brady, Knt., some time communication, will feel obliged to him for again held in the Library, Pierpoint-street, Worcester, Chief Justice of Newfoundland, who died from an calling attention to the subject, a knowledge of on the 8th instant, when the following members attack of bronchitis, on the 29th ult., at 59, Bur. which can hardly be too widely diffused.

were present: Messrs. Holyoake, of Droitwich, lington-road, Bayswater, in the sixty-third year of ANGLO HIBERNIAN. President, in the Chair : Bentley, Vice-president ; his age, was a son of the late James Brady, Esq.,

Holdon, Hyde, Jones, Hughes, Corbett, and Allen, of Navan, in the county of Meath, and was born in UNDER-SHERIFFS' CLERKS.

I shall feel Hon. Sec. The following report was read by the i the yoar 1809. He was educated at Trinity College, greatly obliged if you will allow to Hon. Sec.:

Dublin, where he took his Bachelor's degree in inquire from come of your numerous readers

“Your committee, in presenting their annual 1835. He was called to the Irish Bar by the if they can inform mo what salary clerks report, are gratified at being enabled to state that Honourable Society of King's Inn, Dublin, in 1836, to under-sheriffs receive. I am one of the number, the standard of their numbers has, during the past and was appointed Chief Justice of Newfoundland and for the last four or five years have had the year, been fairly maintained; there being only a and Judgo of the Vice-Arlmiralty Court in 1847, but sole responsibility of summoning all jurors for the decrease of ono in the number of their inombers retired in 1865. He received 1 he honour of knightassizes and quarter sessions, have attended in and subscribers, the present members being hood by patent in 1860. He married, in 1839, Kate, court to prove same, made all returns to estreats, seventy-three as against seventy-four last year.

daughter of David Lynch, Esq., of Dublin. The and in fact have performed nearly all the country

“During the past year, three country members, deceased gentleman has left behind him the repu. duties of the office that a clerk could do. I

ono barrister, and one subscriber (who has not tation of a good and sound lawyer and an able and intend shortly to make an application for an

been in practice for the time necessary to qualify | honest judge. increase of salary, and I shall feel grateful to any

him as a member) have been elected. gentleman who will kindly oblige me with the “ By the recent appointment of Mr. G. J. P.

MR. JAMES POWELL. information.

S. K. W. Smithi and Mr. Harington, the society has lost two We have to announce the death of Mr. James esteemed subscribers.

Powell, solicitor, of Chichester. On the passing PETITIONS FOR LIQUIDATION.-I have read

“ There have been four special general, one half of the Municipal Corporation Reform Act, Mr. the article in your columns of Saturday last, yearly, and three committee meetings during the Powell was elected, by a narrow majority, Town under the heading

« Petitions for Liquidation." past year. The special general meetings were Clerk. In this capacity his clearness of judgment, Rule 93 does not meet the question raised. In the held to consider the propriety of adopting certain impartiality, and conciliatory demeanour, soon case Re Franckel, Mr. Serjt. Wheeler is reported scales of costs by commission, one of which was disarmed all party opposition, and as opportunity in your paper to have said :** Where the creditors issued by the Incorporated Law Society, and offered other public appointments were conferred

recommended by voting are all of one mind, then the question of the other of which

on him. Enjoying in a great degree the confidence majority

does not arise." Does not this, in refer the Law Societies of. Manchester, Liverpool, of his fellow citizens, ‘Mr. Powell succeeded in ence to the rules and Act, appear like the making and other places of which a pamphlet, giving an establishing

a flourishing business, to which, with of law, and not following it. Rule 293 has the illustrative table of such charges

, has been sent the public office attached, his son succeeded a few words, “ In the absence of any enactment to the to every member of the society. deputation, years since, on the retirement, through ill health, contrary.” Rule 275 prohibits the court taking consisting of the president and vice-president, was of our lamented friend; and at the early death of cognisance of any resolutions but those signed, depnted to attend a meeting at Manchester on the the son, in Sept. 1871,

the members of the various &c., by the “statutory majority of the creditors,"

23rd March, at which the vice-president attended public bodies, mindful of the past faithful services &c.; and sects. 125 and 126 both determine that to represent this society. Several communications of their old townsman, and actuated doubtless in statutory majority in language clear and unmis on the subject have passed between the secretary

some degree by kindly feelings towards his family, takeable. If Acts of Parliament

and rules having of this society and those of the Incorporated and unanimously elected Mr. Edward Arnold (who equal force are worthy of respect, surely Mr. Serjt. Metropolitan Law Societies, and a statement had joined the firm shortly after the senior Mr. Tindal Atkinson cannot be found fault with for embodying the views of the Manchester and other Powell's retirement), as his successor. Although, deciding in accordance with them, nor can he law societies has been laid before the Lord Chan. says a local newspaper, Mr. Powell

, from the be guilty of bad taste in daring to reason for cellor, one result of which has been that his Lord. nature of his avocations and duties, necessarily himself.

LEX.

ship, although declining to accept the proposals came in contact with men of all parties, ranks, contained in the statement, expressed his willing and conditions, we believe that it may be safely

ness to introduce into Bills to be presented to said that he never made a personal enemy, and LAW SOCIETIES.

Parliament for the remodelling of the superior healed many a breach where men of a less kindly

courts, clauses giving ample powers of dealing nature would have prolonged the strife. LAW ASSOCIATION

with the question of costs by means of general For THE BENEFIT OF Widows and FAMILIES orders to be made from time to time according to

THE GAZETTES.
OF ATTORNEYS, SOLICITORS, AND PROCTORS the exigencies of the case.
IN THE METROPOLIS AND VICINITY.

"The provincial societies are still moving in the
The usual monthly meeting of the directors was
matter with a view of getting a uniform scale, and

Professional Partnerships Dissolbed. held at the hall of the Incorporated Law Society, have requested a deputation from this society to

Gazette, Jan. 2. Chancery.lane, on Thursday, the 4th inst., the meet them in London on Saturday, the 13th in. following being present

AVISOX, BOOLT, and MAPLES, attorneys and solicitors, Liver. viz., Mr. Desborough stant, at which several questions of great moment (Chairman), Mr. Beaumont, Mr. Carpenter, Mr.

to the Profession, including legal education, will Clabon, Mr. R. Dawes, Mr. Drew, Mr. Finch, Mr. be considered.

EADY, GEORGE JAMES, and CHAMPION, FREDERICK SHEPHERD. Kelly, Mr. Nisbet, Mr. Sawtell, Mr. S. Smith, Mr.

" The number of books (exclusive of weekly | GRIBBLE and Hockin. attorneys and solicitors, Barnstaple. Steward, Mr. Styan, Mr. Whyte, and Mr. Boodle periodicals) taken out of the library up to the 31st (Secretary), when grants were made to the widows Dec. last, was 1093, as against 1003 last year,

Dec. 30. (Thomas Garmston Hyde and George of two non-members, and other general business showing an increase of ninety, and at the same was transacted.

STUBBS and Fowke, attorneys, solicitors, and conveyancers, Bir. time the number of members and subscribers

mingham. Dec. 30. (John Heath Stubbs and John Copson consulting books and papers of reference in the

library has been undiminished. ARTICLED CLERKS' SOCIETY. “The sum of 371. 188. 7d., deducting discount,

Bankrupts.
A MEETING of this society was held at Clements' has been laid out in the purchase of books and

Gazette, Jan. 5.
Inn Hall, on Wednesday the 10th Jan. instant, binding during the past year.
Mr. E. W. Bor in chair. Mr. Willcock "The annual dinner of this society took place at FRANCIS, THOMAS HENRY, manufactu
opened the subject for the evening's debate, viz. : 'the Abbey Hotel, Great Malvern, on Thursday, Sols., Taylor and Jaquet, South-st, Finsbury

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pool. Dec. 30. (Thomas Avison, Francis Cecil and Arthur Maples) en regards Maples

attorneys and solicitors, Brighton. Jan. 1

Dec. 23. (John Charles Gribble and Charles Francis Hockin.)
HYDE and CLARKE, attorneys, solicitors, and conveyancers.

Worcester
Clarke.) Debt by Hyde.

Fowkes.)

To surrender at the Bankrupta' Court, Basinghall-street.

jeweller, Osnaburgh. Rex. Brougham, Sur. Jan. 16.

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