instruction should not be confined to English law, | from pointing out some indirect advantages that condition of admittance to the teaching of the On this point, however, it is well to ascertain what are the opinions of the profession itself. The point chiefly concerns attorneys and solicitors, as it may be at once conceded, that if there is to be only one test examination, it must be a thorough and complete test of legal acquirements in every branch of law, with which it is desired that students should be acquainted. The Incorporated Law Society of the United Kingdom has generally been treated as a sort of representative society of attorneys, and the subject of the proposed Law University has been fully and repeatedly discussed both by the council of that body, and by the members at three general meetings, and the result has been that a practically unanimous opinion has been expressed both by the council and the members in general meeting, that the examination for qualification to practise as an attorney should be the same as, and not inferior to, the examination for qualification to practise at the Bar. Indeed, the resolutions of the general meetings of the society go even further than that, and point to the choice of the branch of the profession to which the student will devote himself, being made after, and not before, the close of the period of study. This, of course, involves the surrender of the practice of articles or apprenticeship, and, considering what a considerable emolument accrues to attorneys, from the fees paid by articled clerks, a great portion of which would probably be diverted to members of the Bar by the abolition of articles, such a resolution may fairly be considered as a very remarkable sign of the opinion of that branch of the profession. Wailst therefore hoping that the mere apprenticeship qualification of attorneys will be abolished, I think that both barristers and attorThe question, however, of one or more exami- neys should be required, in addition to the nations, is to some degree involved in another examination test, to give proof of actual study of question namely, that of whether the new school practice in the chambers 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 a 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 reading. Indeed, in many cases, useful lectures a university, and moreover that a degree though will be rather a guide to the student in his readgranted in special subjects implies general acade-ing, than a substitute for it. Even oral teaching mic training. in the proposed university may not necessarily be confined to lectures addressed to large audiences; probably a more private system of teaching, somewhat analogous to the tutorial system of the old English Universities, may be advantageousiy mingled with it. In short, what the Law University should do would be not to substitute something else for the present system of learning the law, but to add something to it, but which not only a wider scope of instruction should be attained, but the present system of teaching and learning should be better utilised. In what order of time the various parts of the proposed new system should be taken must be left to a great degree to individual judgment and to experience. It is not essential for the objects for which the establishment of law schools, and a test examination, are here advocated, that the examining body should have power to confer degrees, and therefore as there is much to be done yet, before this desirable reform can be accomplished, it will be well not to confound the essentials of the proposals with adjuncts which may be dispensed with. If the proposed institution had the power of granting degrees, it by no means follows that the pass examination for liberty to practise, and the pass examination for the degree, should be the same. The degree might be the badge of a superior degree of knowledge. There would be this advantage in the power of granting legal degrees vested in a responsible public board, namely, that the holding of such degrees (though not made the necessary condition of the mere right to practise) might be advantageously made the condition of eligibility to certain public offices of a legal or judicial character. This would be both a better guarantee for sufficient knowledge than we now possess, and would be a great stimulus to legal studies of an advanced character. This course was substantially recommended by the House of Commons Committee of 1846. It would lead me to transgress the limits of this paper, were I to go in detail into the subjects to be taught in public law schools. Clearly the With regard to the mode of supporting the University, I can see no difficulty whatever in making it self-supporting. In the London colleges, and the medical schools, the yearly fees payable by each student are not less than from twenty-one to twenty-five guineas a session, and fees of about that amount, or not much exceeding it, would be amply sufficient to support a Law University. I regret very much that the necessary limit of a paper read before this association prevents me from going more into detail on many subjects connected with the working of the Law University whose establishment I advocate, and likewise BANKRUPTCY LAW. NOTES OF NEW DECISIONS. BANKRUPTCY ACT 1869, s. 92-FRAUDULENT PREFERENCE—“ WITH A VIEW OF"-" VOLUNTARILY"-CONTEMPLATION OF BANKRUPTCY.made a large payment to a creditor, the trustee A bankrupt having shortly before his bankruptcy claimed to have the money refunded on the ground that the payment constituted a fraudu lent preference under the 92nd section of the Bankruptcy Act 1869. The County Court judge directed the question to be tried by a jury, who, in reply to the issues left to them, found that the bankrupt was, at the time he made the payment, unable to pay his debts; that he did not make the payment with a view of preferring the payee over his other creditors; and that he made the payment voluntarily and without real pressure from the payee know that bankruptcy was imminent. Held, that at a time when he might be reasonably supposed to as the jury had found as a fact that the bankrupt did not make the payment with a view of preferring the payee over his other creditors, the payment did not amount to a fraudulent preference under the 92nd section of the Act. Held, also, that the issue left to the jury, whether the bankrupt made the payment voluntarily and without real pressure was wholly immaterial, and that the issues ought to have been in the very included the question whether the creditor was " words of the 92nd section, and ought to have payee in good faith and for valuable consideration," but that as no objection had been taken to the findings of the jury the court could not go behind their verdict. Decision of the Chief Judge (25 L. T. Rep. N. S. 276) affirmed. Semble, that in the 92nd section of the Bankruptey Act 1869, the words "with a view of giving such creditor a preare practically ference over the other creditors equivalent to the word "voluntary" in the technical sense which it had under the old law; and that the provision as to the person making the after the date of the payment is substituted for payment becoming bankrupt within three months "contemplation of bankruptcy" under the old law: (Ex parte Bolland; Re Cherry, 25 L. T. Rep. N. S. 646. Chan. App.) a BANKRUPTCY ACT 1861, ss. 194, 197-DEed of INSPECTORSHIP-REGISTRATION UNDER S. 194JURISDICTION OF THE COURT OF BANKRUPTCY. Sect. 197 of the Bankruptcy Act 1861, gives the Court of Bankruptcy jurisdiction of deeds registered under section 194 of that Act. Ex parte Atkinson; Re Brooksbank (22 L. T. Rep. N. S. 279; L. Rep. 9 Eq. 736), followed. E parte Morgan; Re Woodhouse (7 L. T. Rep. N. S. 729; 1 De. G. J. & S. 288), not followed: (Ex parte Clough; Re Ingham, 25 L. T. Rep. N. S. 646. Chan. App.) LEGAL NEWS. RUMOURS, according to John Bull, are again very prevalent as to Sir Roundell Palmer becoming Lord Chancellor. AT the Manchester gaol sessions a report was read from the surgeon, in which that officer recommended the use of Australian preserved meat in the prison. He reported that the saving upon the present price of fresh meat would be 40 per cent., while the food would be quite as nutritious as English meat. SCENE IN COURT.-At the sessions in Sheffield, to seven years' penal servitude, when she received a woman named Hackett, who had been sentenced her sentence took off her boot and threw it at one of the witnesses, and said she would be revenged when she came back. She also attacked two policemen who were in the dock in a savage manner, uttering loud imprecations; and some time elapsed before she could be removed. The confusion in court was very great. NEW COUNTY MAGISTRATE.-At the Epiphany Quarter Sessions, held at Carnarvon on Thursday last, Mr. John Churton, of Moranned, Rhyl, and Chester, took the oaths and qualified as a magis. trate for the county of Carnarvon, upon the nomination of Lord Penrhyn, the lord lieutenant. RECANTATION.-Mr. Green, the barrister, whose abjuration of the Christian for the Mahomedan faith caused considerable excitement some time ago, is said to have come back to the profession of Christianity, and the Mahomedan wife he took for his discarded Christian spouse has had to return to her people.-Bombay Gazette. SUSPENSION OF A GAOL GOVERNOR. Mr. Wrenn, the Governor of Cardiff County Gaol, was suspended yesterday by a resolution of the Glamorganshire Court of Quarter Sessions, on a charge of irregularity in the prison accounts. Mr. Cox, the governor of the Swansea House of Correction, was at the same time censured for a similar occurrence. The principal irregularity consisted in charging second-class fares for prisoners conveyed by railway at third-class rates. RETIREMENT OF Dr. Bayford, THE CHIEF REGISTRAR OF THE PROBATE COURT.-Dr. Bay ford, the chief registrar of the Probate Court, is about to resign his appointment, and will be succeeded by Mr. C. J. Middleton. The learned doctor, who has been registrar from the commencement of the court, in 1858, will carry into his retirement the respect of his profession. Dr. Bayford has already resigned the chancellorship of the diocese of Manchester. THE MORDAUNT DIVORCE CASE.-There is every probability that some further action will be taken in the case of Mordaunt v. Mordaunt in the course of the ensuing term. It is now some time since the respondent was removed from Dr. Wynter's care at Chiswick. There is but little doubt that initiative steps to bring the matter to an issue will be taken on the part of the petitioner, and it is understood that the only way left open is for Sir Charles to obtain a rule to show cause why the Judge-Ordinary of the Divorce Court should not rescind the order his Lordship made upon the finding of the jury; and in the event of that rule being refused, then it will be competent for the petitioner to go to the House of Lords on the point. IMITATING COUNTY COURT PROCESS. At the Essex Quarter Sessions, John Robert Bolland, a grocer and baker at Stambridge, was indicted under the Act for having under a false colour and pretence issued a paper professing to have been issued from the Essex County Court, sitting at Rochford. In November Burrows, a customer of the defendant's, was in default of his payments, and the defendant sent a letter to him headed "Rochford County Court," and signed "The Clerk of the Court," stating that he (the clerk) had received instructions from Mr. Bolland if the money was not paid by the Saturday to take out execution to compel him to pay. The jury found the prisoner guilty, but recommended him to mercy on the ground that he acted in ignorance. The defendant was sentenced to fourteen days' imprisonment. OUSTING A JURYMAN.-A singular incident occurred at the Cambridge Borough Sessions. In a criminal case about to be heard, Mr. Atthawes, on behalf of the prosecution, informed the recorder, after the jury had been sworn, that one of the jurymen was bail for one of the prisoners, and applied that someone should be sworn to serve in his stead. Mr. Browne objected, on the ground that the challenge should have been made before he was sworn; in this instance the juryman was sworn, and a writ of error would lie in case the recorder allowed the challenge on the part of the prosecution. The learned recorder, however, allowed the objection, and the juryman referred to left the box. Mr. Horace Browne then requested the recorder to take a note of his objection, which course was adopted. assessment to the Commissioners of Taxes at Stratford, upon which occasion the envelope in question had been sent. He was a clerk in the Ĉity, and also carried on the business of perfumer at Walthamstow. Not having any envelopes he had gone to the office of a solicitor opposite and borrowed two, as he had often done. When he addressed the envelopes he did not observe the crest upon them, nor had he any wish to break the law. The chairman said they would reduce the fine to the lowest in their power to inflict, viz., one-fourth of the full penalty, which was 201. They wished, however, it should be represented to the Commissioners that they belived the defendant had no intention to evade the law, and that they strongly felt that it was a case for still further mitigation. The defendant was then fined 51. and costs. ADMISSION OF ATTORNEYS.-There are 114 Original applications to be admitted as attorneys in the present term, besides six under judges' order, nineteen for Hilary vacation, and a number of renewed applications. JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. -On Thursday morning the sittings were resumed before Sir J. Colvile, Sir R. Phillimore, Sir M. Smith, and Sir R. Collier. Their Lordships have a list of fifty-two appeals, besides one patent case, and four appeals for judgment. The Lord Bishop of Manchester has appointed Mr. Richard Copley Christie, barrister-at-law, M.A. of Lincoln College, Oxford, to the office of Chancellor of the Diocese of Manchester, vacant by the resignation of the Worshipful Augustus Frederick Bayford, LL.D. Mr. Christie has for many years past practised with considerable success both as a conveyancer and as counsel in the Chancery Courts of the County Palatine at Manchester and Liverpool. DIVORCE LAW IN SCOTLAND. -The Walker divorce case was before the Lord Ordinary in the Court of Session on Tuesday. His Lordship has issued an interlocutor, in which he remarks that the only sound rule that can be adopted in such a case as the present, where both parties have been equally guilty, is that the aid of the law as regards their patrimonial rights ought not to be given to either, and that they should be allowed to sustain the loss accruing to them respectively in respect of their patrimonial rights as they stood at the date of the dissolution of the marriage -a dissolution brought about by the fault of both. A STOCK EXCHANGE CASE.-A caso affecting the conduct of a stockbroking firm was decided on Wednesday by the committee of the Stock Exchange. It is alleged that some time ago a client of the firm in question took proceedings with the view of recovering a large amount due to him, and that the action was stopped on the payment of a very considerable sum. The circumstances having come to the knowledge of independent members of the Stock Exchange, they demanded an official investigation. It then transpired that the firm implicated had destroyed their books, and the partners were suspended by the committee, and prohibited from transacting business with the Stock Exchange for one year. There is consequently a strong feeling in favour of further inquiry. trustees is becoming almost unbearable, and no LIABILITIES OF TRUSTEES.-The position of step is left untaken to reduce them to utter THE LEGAL SEVEN-LEAGUER.-The new judge, despair. A case has just been decided by Mr. Sir R. P. Collier, whose sensational jump to the Serjeant Atkinson, the judge of the Huddersfield Judicial Committee of the Privy Council over the County Court, which will not tend to increase the heads of his brethren is fancifully depicted in the comfort of trustees in bankruptcy. Hammond Hornet, is described by that paper as-"One of Parker, a joiner and builder of Huddersfield, being those few fortunate lawyers who manage to get unable to meet his engagements, a meeting of his their judicial merits recognised by the Government creditors was held in February last, on which before they get too old to exercise them; though occasion it was shown that he owed to unsecured how far the recognition may interfere with the creditors 865l. 7s. 5d., and that the assets were administration of English law is a question yet to 3981. 2s. 11d., and a dividend of 8s. in the pound be fought out by Chief Justice Cockburn and was expected. Mr. Cotton was appointed trustee, the Prime Minister. Sir Robert in Parliament and on several occasions brought before the court made laws in the name of Plymouth, and to him Mr. H. Wilde, accountant, the acting executor we are indebted for that beautiful commercial under the will of Jonas Oldfield, deceased, in principle, limited liability-a triumph of legisla- reference to a mortgage upon the bankrupt's trade tion-the first fruit of which was a crisis; the premises, and also in his private capacity in refergeneral application disastrous speculation made ence to some building contracts. After some easy. The legal profession owe Sir Robert a debt months of litigation the trustee was unsuccessful, of gratitude for this, the winding-up of public and then Mr. Wilde contended that the trustee companies having become one of the most profit. was responsible for the costs, and an action was able branches of English jurisprudence. We are brought to settle the question. At that time all likewise indebted to him for relieving the ecclesias- the estate had been exhausted, except 11. 2s. 7d., tical courts of their probate work, and transferring and Mr. Cotton contended that he could not be its unutterable dulness from Doctors'-commons to called upon to pay more than that sum, seeing Westminster. As a lawyer he is acknowledged by that he had acted under the direction of the comall but his rivals to be of the first rank; as a poli-mittee of inspection and their solicitor, and that tician he must be a very remarkable man, as he all the steps taken were by their instruction and has been enabled to give a firm and conscientious with their consent. The judge, however, decided support to Mr. Gladstone's Ministry." that the trustee was personally liable, and made ARMORIAL BEARINGS. - Mr. C. W. Jarvis, a an order accordingly. Mr. Cotton therefore has perfumer, at Walthamstow, was charged at had to pay 331. out of his own pocket. This the Ilford petty sessions with having used should be a lesson to all who are rash enough to armorial bearings without a licence. The defen- attempt that process known as "the discharge of dant said that these proceedings were the result a duty."-[N.B. The case will be found fully reof spite, owing to his appealing against his ported in last week's LAW TIMES.-ED.] STOCKJOBBERS. -The THE LIABILITY OF Master of the Rolls delivered judgment on Thursday morning in the case of Rennie v. Morris, argued before his Lordship in Dec. last, which raises for the first time the question of the liability of a stockjobber who passes to the vendor's brokers the name of an infant-of one, that is, who is not competent to enter into a contract. In this case Lord Romilly has decided that the remedy of the plaintiff, who has had to pay calls upon the thirty shares which he transferred to one Robert Graham, jun., in May, 1866, was against the brokers who issued the name, not against the dealer who simply passed it. The suit in his opinion was misconceived, and the bill therefore must be dismissed with costs. COUNTY COURT FEES.-A correspardent of the Times says: Permit me to point cane important consequences which have followed the passing of the Act 30 & 31 Vict. c. 142 (Aug. 20, 1867). By sect. 5, if a plaintiff does not recover a sum exceeding 201. in an action founded on contract, or 10l. if founded on tort, in actions commenced in the Superior Courts, he is not entitled to costs of suit unless the judge shall certify there was sufficient reason for bringing the action in the Superior Court, or unless the court, or judge at chambers, shall allow costs. Thus, this Act, which, in the section cited, applies to actions of 201. on contract and 10l. tort, in four years caused a diminution of 60,500 writs of summons, and 14,833 appearances, or notices of defence in the Superior Courts. There is not yet any printed return for the year 1871. In all cases in the Superior Courts the employment of any attorney is necessary. It is otherwise in the County Courts. In 1866 there were 3168 judg ments entered up on judges' orders on default of services, and in 1870 there were only 1658. There were 30,040 judgments entered on affidavits of ser vice in 1866, and 18,302 in 1870. In the Court of Exchequer in 1867 the number of bills taxed, exclusive of those taxed under the statute, were 8930, and in 1870 the number was 4010, or a difference of nearly 5000. There are no similar returns from the Courts of Queen's Bench or Common Pleas. The number of cases sent from the Superior Courts to be tried in County Courts in the year 1870 was 497. Few persons probably have an accurate idea of the protection afforded by the Act of 1867. Before it passed it was no uncommon thing on the execution of small orders for goods to send more than the quantity ordered, and to issue & writ from one of the Superior Courts if the money demanded were not paid. Payments so demanded were frequently made through the terrors of the costs of a defence. It constantly occurs that plaintiffs for amounts reaching the highest sums that can be sued for (501.) enter their own cases in the County Courts and obtain judgments without any profes sional assistance. So, also, as defendants most properly, are not required to file pleas of defence, though attorneys very frequently and needlessly present them to the court, they are able and do constantly defend themselves without professional assistance. Let the costs and charges of solicitor and client and fees on procedure of the Superior Courts be fairly contrasted with those in the County Courts, and the cry respecting County Court charges will be found to be the lamentation of attorneys and not of suitors, though suitors in County Courts need a better system of taxation of costs than exists at present. The amount of money sued for in the County Courts in 1870 was 2,644,763., and the amount of judgments was 1,321,233. The difference-namely, 1,323,4391.represents generally the amount of money paid to plaintiffs after the simple service of summonses on defendants. A summons when issued is served in any part of England and Wales. Its cost, including the entry of the plaint, is 1s. in the pound. This sum is repayable by defendants to plaintiffs. It is sometimes whispered that some registrars aid their brethren by diverting suitors, in the higher class of cases, to private offices from the County Court offices. It is difficult to ascertain the fact, if true; and, if it were true, it ought certainly to be a punishable offence. It is not the administration of the law itself in the Superior Courts, respecting which not even a whisper of complaint is made, but the enormous costs of procedure which are complained of. JUSTICES' CLERKS' FEES.-A curious contention has arisen between the Home Secretary and the justices of Oxfordshire respecting the justices' clerks' fees to be enforced in that county. It appears that at the Epiphany Quarter Sessions 1869. the court made a new table of fees, which was submitted to the Home Secretary for approval, pursuant to the 11 & 12 Vict. c. 13, s. 30. That statute empowers the Secretary of State for the Home Department "to alter such table." On the 29th Jan. the Home Secretary JAN. 13, 1872.] THE LAW TIMES. acknowledged receipt of the new table, and after whether, while the property continues in the intimating his disapproval of it, drew attention to vendor, the proposed vendee would be bound to a table of fees enclosed, prepared by the Exami- accept goods not according to sample or warranty, ners of Criminal Law Accounts, and which he may still be deemed a debateable question. If recommended the justices to receive and adopt. not executory merely, or when ceasing to be so, After fully considering this table, the court felt the property immediately vests in the vendee, and compelled to reject it, and fell back upon a table the right to the price in the vendor. But, though in force in 1847, which they believed required no it is not superfluous to iterate these distinctions, alteration if community of action in the construc- it would hardly seem that an agreement could be tion and application of the various items of the deemed otherwise than merely executory, which, on the face of it, and in conformity with the purtable by the recipients of the fees could be arrived at. That object having been ultimatoly pose of the parties, expressly contemplates the obtained, the Home Secretary was apprised of execution of a subseqnent assignment, in order to the result in Dec. 1870, and his sanction of the transfer the right of property and possession 1847 table solicited. On the 3rd March 1871, the (Ridgway v. Wharton 6 H. L. Cas. 268, 305: Home Secretary again communicated with the Filmer v, Burnby, 2 M. & G. 529; c. f. Phillips v. Furber, L. Rep. 5 Ch. App. 476); we shall justices, refused to give his approval, and transmitted a further report of the Examiners of accordingly confine our further comments to exeCriminal Law Accounts, with another table of cutory agreements. Under an executory agreefees (varying slightly from the former one), ment, so long as it continues such, the property or which he suggested ought to be adopted. The right of of possession in the chattels themselves is effect of the report was a condemnation of the not transferred, and the vendor cannot sue for the 1847 table, and an objection that it assumed to purchase money. And, if illegal, money paid upon transfer to the justices a power vested by the it might be recovered, so long as it remains merely statute in the Home Secretary of State. No notice executory. But, if legal, an executory agreement was taken of this by the justices, and the matter for a bill of sale is perfectly binding between the remained in abeyance up to September last, when parties, so as to give either a remedy against the the Home Secretary recalled attention to the sub-person or general estate of the other in case of ject, and expressed a desire that the court would default: (see in Bankruptcy, Re Hide, 25 L. T. Rep. see the propriety of having the examiners' table N. S. 609.) They have no special remedy growing out of the relationship of vendor and vendee, or "immediately settled, and the fees rendered more in unison with modern law and practice." To that mortgagor and mortgagee. In case of breach, the the justices replied by expressing a desire to with- remedy of either party, or their personal repredraw the table submitted in 1869, and declined to sentatives, is by action at law for damages; but an action will not lie against a sheriff, on a submit any new table for approval. But this the Home Secretary refuses to permit, and observes promise to execute a bill of sale to the plaintiff's And, in general, a court of equity that it is his duty "to make such alterations in nominee. that table as may be considered necessary to make would refuse to interfere by a decree for specific it better adapted to the modern changes in law performance or injunction, unless, under special and practice.' Under these circumstances, the circumstances, the remedy by way of damages clerk of the peace was instructed to take the would be inadequate. (As to enforcing specific opinion of Mr. Tindal, barrister-at-law, who advises delivery at law, see 19 & 20 Vict. 97, 21.) And, that the Home Secretary has no power to compel while the proposed vendee or mortgagee does not the justices to lay before him a table of fees in acquire the jus disponendi, and could not mainany particular form, and especially one which, "in tain trover against the vendor or mortgagor, on their opinion," is inappropriate. As the meaning the other hand, the vendee or mortgagee would be and object of the 11 & 12 Vict. c. 43, s. 30, are to subjected to none of the liabilities of an owner, enable the justices to frame and originate a table and would not be the sufferer if the gocds were of fees, which the Secretary of State is empowered lost or destroyed (see Head v. Tattersall, 25 L. T. to supervise and alter, all he can do is to alter Rep. N. S. 431). Yet, as against mere trespassers, the 1869 table now in his possession, but such the party deriving under the agreement might alterations must not be carried to the extent of maintain trespass or trover according to cirmaking it a new table. The justices, he holds, cumstances. If perfected by open delivery and having submitted that table, have no power to possession of the goods, at any time prior execution against the maker of the withdraw it, except indirectly by submitting a new table. Correspondence with the Home Office agreement or of his bankruptcy, &c., the claims is still proceeding in reference to the subject, the of his assignees or execution creditors will not satisfactory settlement of which appears somewhat prevail, and in such case the Court of Chancery would interfere: (Piercey v. Humphreys, 15 L. T. remote. Rep., N. S., 345; 17 ib. 463; 1 W. N. 388; see 5 Ir. L. T. Rep. 74. But we may observe that a mere equitable interest under an agreement, may be of such a nature as, of itself, to create a lien not to be defeated by the claims of execution creditors: (Brown v. Bateman, L. Rep. 2 C. P. 272; see Gurnell v. Gardner, 9 L. T. Rep., N. S. 367). When, in pursuance of a prior agreement, a bill of sale is executed, the latter is the only evidence of the contract; so, though the bill being unstamped, is itself inadmissible. But evidence might be given of a purely collateral agreement. And evidence would be allowed of an original verbal agreement, showing that a bill of sale was contemplated, though a subsequent written agreement did not mention it, where the latter was not intended to contain the whole agreement. An agreement with an adhesive stamp will not be evidence, unless the date and the name of the person cancelling the stamp are written across the stamp: (Dolloway v. Burrell, LAW TIMES, vol. li. p. 400.) LEGAL EXTRACTS. AGREEMENTS FOR BILLS OF SALE. (From the Irish Law Times.) EXECUTORY agreements in writing, for the giving of bills of sale subsequently, are endowed with It was reserved, many exceptional advantages. however, for the recent decisionof Re Broadbent, er parte Homan (to which we shall more fully advert in the sequel), by determining that such agreements are invested with an immunity from the exigency of registration, to extend to their furthest declared latitude, the privileges and profitableness of these instruments. Nor is it improbable that, adapted as they are to contingencies of continual recurrence, and possessing such special commendations, agreements for bills of sale may command yet more general adoption. And, as the consideration of the principles applicable to these agreements has not been embraced within the scope of the standard text-books on bills of sale, it may not be inexpedient that we should the more prominently and at large discuss the subject, which is one both of legal interest and of no inconsidereble commercial consequence. Agreements, providing for the execution of bills of sale, are given in contemplation of either bills Those for an abof sale absolute or conditional. solute bargain and sale come within the provisions of the Statute of Frauds, when the goods are of the value of 10%.; or if the goods are under that value and the agreement is not to be performed, within a year. If the goods are specified, ascertained goods, an agreement for bargain and sale ipso facto is not merely executory, unless it can be shown that the intention of the parties was otherwise. But if the goods to be sold are not specified, or if, being so, something remains be done by the vendor to put them in a deliverable shape, the presumption would be in the absence of positive contract or of proof of a contrary intent, that the agreement is merely executory. Where, by reason of the goods not being specified, the agreement is executory, it may be converted into a bargain or sale by a subsequent appropriation of specific goods, in per. formance and pursuance of the contract; but to to an "true owner As the proposed mortgagee or vendeer under an "A on Bills of Sale, 2nd edit., 103, 111.) In a recent mere Now, if there is any class of Acts that ought to be construed strictly, it should be those which, having for their object the prevention a tendency to of fraud, have in certain cases and, as this statute abridges the common law invalidate bona fide contracts (2 H. & C. 1); right of alienation of property, it should not receive an operation beyond what is absolutely necessary to carry out what is clearly and expressly prescribed by its provisions, but should rather be construed And, though it may be urged that, being in favour of parties so deprived of their rights: (14 a remedial statute, it should be so administered as Ir. C. L. 375-6; 7 Ir. Jur. N. S. 201; 1 Rob. Eccl. R. 27.) to advance the remedy and suppress the mischief (1 Ir. Jur. N. S. 202), yet its language should receive its ordinary meaning, neither restricted nor enlarged, (12 C. B., N. S., 730; L. Rep. 6 C. P. 102; 10 Ir. C. L. 415.) Giving the terms of the interpretation clause merely their ordinary signification, it will be perfectly obvious that under But, looking them are such agreements included, unless under the words "or other assurances." at the preamble, as in such case we are entitled to up a false appearance of being possessed of do (Dwarris on Stat. 503-6), we find that the statute contemplated the case of persons keeping Now, in the case of an property, of which others have the power of taking possession. executory agreement, the possession of the party making it is not illusory, according to the legal scope and effect of such agreements, and the parties none of 1 deriving do not, by being holders thereof acquire the jus disponendi. And, though to hold that these agreements are exempt from registration would, in a degree peculiar to them, open a door to extensive fraud upon creditors, yet, in the words of Pollock, C.B., "We cannot extend the provisions of the Act, merely because a particular contract or instrument is within the mischief intended to be remedied. If there is any enactment which ought to be construed strictly, it is a clause which declares that one thing shall mean another :" (7 H. & N. 457.) But. moreover, we may refer to the express authority of Bovill, C. J., in Brown v. Bateman, that the words "other assurances,' are to be read ejusdem generis with those with which they are associated: (L. Rep. 2 C. P. 281.) And the cases of Alsop v. Day. (7 H. & N. 457), and Goff v. Everard (2 H. & C. 1), further support the conclusion, that a bill of sale, within the meaning of the Act, must be an instrument on the construction of which the goods are, or are affected to be, assigned, by virtue of the instrument itself. Indeed, the statute which provides for registration within twenty-one days from the making of the bill of sale, can hardly be considered to have expressly contemplated an executory disposition, the operation of which as a transfer is wholly dependent on a subsequent transaction. For these reasons we submit, in conclusion, that agreements for bills of sale do not require registration; but we contend that in this respect, as in many others (see 5 Ir. L. T. Rep. 143, 181; LAW TIMES, vol. li. p. 419), the statute demands remedial legislative revision. 62. JUSTICE OF THE PEACE.-A district registrar of a court of probate is residing in a town at a considerable distance from the district probate court to which he is attached, and seldom attends the office. He is a justice of the peace for the conuty in which the court is situated. Can he legally hold the office of justice of the peace? The Act (20 & 21 Viet. c. 77), commonly called the Court of Probute Act 1857, under which the district registrars, &c, are appointed, sect. 21, expressly states "that all registrars, district registrars, &c., shall exe. cute their offices in person." C. L. 63. THE STATUTE OF FRAUDS.-A. took a farm from B. and C., as agents for D., the landlord at the time of the letting and taking. The solicitor acting for B. and C. wrote down the terms thereof on paper, which were afterwards intended to be embodied in an agreement to be signed by the parties. A. entered upen and took possession of the farm at once, and has occupied it for the last two years, but no agreement has ever been signed, as was intended, in pursuance of the aforesaid terms. One of the terms written down was worded as follows: "The tenant agrees not to plough up the old grass land." It is evident that such an agreement as this, to be valid, ought, by the 4th section of the Statute of Frauds (29 Car. 2, c. 3), to be in writing, signed by the party or parties to be charged therewith, or his or their agent thereto lawfully authorised, except (1) there is part performance, (2) part payment with a view, &c., or (3) the agreement is admitted by the parties, and the statute is not set up as a bar. Now, is A.'s possession of the farm and payment of the rent to D, the landlord for the last two years, a sufficient part performance or part payment in repect of the agreement, so as to satisfy the statute: or if B. and C. (as they will) admit the terms to be those on which they let the farm to A., and do not set up the statute as a bar, will their admittance, &c., as agents, be conclusive upon D., the landlord, should he object to it? It is presumed that if A. can prove any one of the three exceptions before named, he can plough up the whole of the farm besides "the old grass land," and will not be confined to follow "the custom of the country." If convenient, reference to cases will oblige. K. 64. ARTICLED CLERK.-The solicitor with whom I am articled (having passed his final) took his practising certificate out at the Law Institution, which is dated the 1st Feb., and the same was stamped by the Inland Revenue, and bears date the 8th Feb. My articles were entered into on the 7th Feb., " to serve him from the day of the date hereof, for, and during, and until the full end and term of five years hence next ensuing." I want to know whether or not, under these circumtances, I comply with the Act by serving five years with a practising solicitor? INQUISITIVE. 65. MARRIAGE SETTLEMENT.-A marriage settlement, dated in Oct. 1848, is impressed with a 35s. stamp. The funds consist of a sum of less than 10001. stock, the deed containing also a covenant for the settlement of any after-acquired real or personal estate. Real and personal property having accrued to the trust from various sources, a declaration of trust of the accretions has been executed. Part of the personal property is of a definite amount. Is the declaration of trust liable to any greater duty than 10s.? (See sect. 126, div. 2, Stamp Act 1870.) S. B. E. 66. POOR RATES.-Can any of your readers inform me under what Act of Parliament the owners of unoccupied land are' called upon to pay poor rates for the same? It is only lately such a demand has been made, and I am unaware of any recent Act on the subject. The amount is trifling, but if illegal, it is an annoyance. OMEGA. Answers. (Q. 37.) CONVEYANCING-RIGHT OF VENDOR or PurCHASER TO DISTRAIN FOR RENT IN ARREAR.-As the replies of your correspondent "Z. Y." appear to us to savour somewhat of curtness, and the case of Staveley v. Alcock alluded to by him, is certainly not to the point, we beg to refer "T. S." to Addison on Contracts, 6th edit., p. 317, and the cases there referred to, from which he will find that a vendor "has no power to distrain for the rent that became due prior to the execution of the conveyance, as he is no longer possessed of the reversion expectant upon the determination of the lease. Neither can the purchaser distrain for such rent; for it was a fruit fallen from the reversion at the time of the conveyance of the demised premises to him." The purchaser may distrain for rent accruing at the time of the execution of the conveyance, that is to say: he may do so when it becomes due. See also Dart's Vendors and Purchasers, 3rd edit., p. 531. W. and G. (Q.50.) CONVEYANCING.-Your correspondent "T. Wilkinson," should not be so anxious to find fault with "E. A. S.", and go so far as to imply that he has not taken the trouble to consult his text books, for I believe he has done so, and his difficulty arises from the fact that the text books and practice are at variance; and if "T. W." had come in contact with large conveyancing firms he would have experienced this, and not have adopted such an emphatic tone. Why should not the same rule which regulates drafts of all descriptionse. g., sending the draft for approval and receiving it back again with amendments and modifications-apply to requisitions? And why should the purchaser be obliged to examine those returned to ascertain if they correspond with the originals? Probably the vendor would never again require to refer to the requisitious, whereas with the purchaser it would be quite the coutrary, and surely he is justified in asking that the originals may remain in his possession. W. D. in conducting the business on which their prosperity depends, and, if they have a right, to say F. G. H. or any other letter has a right, being a solicitor, to ask their suffrages and let the most popular candidate win. It is not, in my humble opinion, so much a question of etiquette, but (if the matter is anything but a mere secret transaction which needs no extr.neous support) one of COMMON SENSE. (Q. 56.) MAINTENANCE.-(1) I am not aware of any decision that the section applies only where the interest of the infant is vested. (2) I think the words "may be entitled," ought not to be construed "may become entitled" in consequence of the improbability that the Legislature intended to introduce so sweeping and radical a change in the law regulating the destination of income by a side wind; and (3), that the words "who shall ultimately become entitled to the property" receive a sufficient meaning by applying them to the case (more common under old conveyancing forms than under modern ones) in which infants take interests vested, subject to be divested on death under twenty. one. The subject is discussed 3 Dav. Conv. 192, 193, 2nd edit.; Hayes and Jarman's Concise Wills, 138, 139. Z. Y. CORRESPONDENCE OF THE PROFESSION. NOTE. This department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. SHERIFF'S OFFICERS' CLAIMS.-By sect. 123 of the Common Law Procedure Act 1852, "In every case of execution, the party entitled to execution may levy the poundage fees and expenses of the The sheriff, if ruled, would return nulla bona execution, over and above the sum recovered." where substantial claims under bills of sale, rent, &c., were made. How, then, is it possible to contend that he has levied or executed the writ? ALTER EGO. SHERIFFS' FEES.-There are two inaccuracies in your report of Brewer v. Carter and Goold, which as it will probably go to appeal, we think should be corrected. We did not refuse to pay as stated in your report, on the ground that Brewer, the sheriff's bailiff, was plaintiff, but on the ground that as there had been no levy on the goods of Edmunds, neither the sheriff nor the sheriff's bailiff was entitled to recover. Again, your report of the judgment contains the following paragraph: "Evidence was given that the defendants had pointed out to the plaintiff the goods in question as those upon which the fi. fa. was to be levied." This should have been: No evidence was given that the defendants," &c. The subsequent part of the judgment itself shows that your report in this respect is incorrect. Perhaps you will insert this letter in your next issue. CARTER AND GOOLD. MARRIAGE SETTLEMENTS.-In Prideaux on Conveyancing, by Whitcombe, vol. 2, pp. 188-9, a precedent is given with the following variations for investment-viz.: "1. Upon public stocks or funds, or Government Securities of the United King(but not elsewhere), and in no other mode of invest dom, or upon real securities in England or Wales ment. 2. Upon any stocks, &c., of or guaranteed by the Government of the United Kingdom or of India, or of any other British possession, or of any foreign state, or in stock of the Bank of England or Ireland, or upon any stock, &c., of any railway or other company in the United Kingdom, India, or any other British possession, or in any foreign country, or upon the securities body, or upon real or heritable or leasehold secuof any municipal or other corporation or public rities in any part of the United Kingdom, or in any British possession, or upon the security of any life interest in real or personal property, together with a policy or policies of assurance on the life or lives of the person or persons for whose life or lives such interest is holden." In a note (p. 188) it was suggested that, as a comprehensive power, No. 2 might deter a cautious trustee from accepting the trusteeship. No. 1 being merely the old power for an investment in the funds and on mortgage security tageously, viz., "in or upon any stocks, funds, of only, this power (No. 3) might be used advan securities of, or guaranteed by, the Governments of the United Kingdom or of India, or of any other British possession, including the stocks of securities of any railway or other company in India or elsewhere, having a fixed rate of interest thereon guaranteed as aforesaid, or in stock of the Bank of England, or the bonds or debenture of debenture stock or preference stock, or pre ference shares of any railway or other company i the time of such investment." In the case I men Great Britain, incorporated by Act of Parliament | "That school boards should not be allowed to pay or Royal charter, and paying a dividend on its fees in denominational schools." The motion was ordinary stock or shares, or upon real or leasehold lost by a majority of five. securities in England or Wales, but not elsewhere, such securities being held for a term, whereof sixty years at least shall be unexpired at tioned in the LAW TIMES (No. 1796), it may be presumed that the War Office authorities could not or would not have recognised the trust, but the husband's covenant to replace the advanced money would have secured its repayment, without life assurance or other security, as the trader although personally unsuited for business-succeeded for several years as a commercial man. The Spectator (30th Dec.) contained a leading article in favour of a State trustee, thus indorsing my opinion of official trusteeship contained in the LAW TIMES. The recent Chancery case of Sculthorpe v. Tipper further proves the danger, difficulty, and inconvenience of private trusteeship, under the present system. CHR. COOKE. AT an ordinary meeting of this society held on the 3rd inst., Mr. S. Baldry in the chair. The following questions were discussed: "Is an innocent principal responsible for the unauthorised fraud of his agent ?" "That it is inexpedient in civil cases to require the jury to give a unanimous verdict?" Both questions were decided in the affirmative by a considerable majority. NORWICH LAW STUDENTS' SOCIETY. IRISH CHANCERY COMMISSIONERSHIPS.-Allow me to thank your correspondent "G. H.," for his testimony to my disinterestedness"in making known to the whole profession in England and Wales" on official authority, that it is only an useless expenditure of time and money for them to take out commissions to administer oaths in the Irish Court of Chancery, inasmuch as by the 30 & 31 Vict. c. 44, s. 81, commissioners to administer oaths in Chancery in England, are empowered to administer oaths in the Irish Court of Chancery also. I can only regret that my communication did not appear in sufficient time to prevent his incurring unnecessary expense and trouble from which my caution alone saved me. I am sure that those members of the profession and the public, who may have overlooked my communication, will feel obliged to him for again calling attention to the subject, a knowledge of which can hardly be too widely diffused. ANGLO HIBERNIAN. UNDER-SHERIFFS' CLERKS. - I shall feel greatly obliged if you will allow me inquire from come of your numerous readers to if they can inform me what salary clerks to under-sheriffs receive. I am one of the number, and for the last four or five years have had the sole responsibility of summoning all jurors for the assizes and quarter sessions, have attended in court to prove same, made all returns to estreats, and in fact have performed nearly all the country duties of the office that a clerk could do. I intend shortly to make an application for an increase of salary, and I shall feel grateful to any gentleman who will kindly oblige me with the information. S. K. W. PETITIONS FOR LIQUIDATION.-I have read the article in your columns of Saturday last, under the heading " Petitions for Liquidation." Rule 93 does not meet the question raised. In the case Re Franckel, Mr. Serjt. Wheeler is reported in your paper to have said: "Where the creditors Voting are all of one mind, then the question of majority does not arise." Does not this, in reference to the rules and Act, appear like the making of law, and not following it. Rule 293 has the words, "In the absence of any enactment to the contrary." Rule 275 prohibits the court taking cognisance of any resolutions but those signed, &c., by the "statutory majority of the creditors," &c.; and sects. 125 and 126 both determine that statutory majority in language clear and unmistakeable. If Acts of Parliament and rules having equal force are worthy of respect, surely Mr. Serjt. Tindal Atkinson cannot be found fault with for deciding in accordance with them, nor can he be guilty of bad taste in daring to reason for himself. LAW SOCIETIES. LAW ASSOCIATION LEX. FOR THE BENEFIT OF WIDOWS AND FAMILIES OF ATTORNEYS, SOLICITORS, AND PROCTORS IN THE METROPOLIS AND VICINITY. THE usual monthly meeting of the directors was held at the hall of the Incorporated Law Society, Chancery-lane, on Thursday, the 4th inst., the following being present-viz., Mr. Desborough (Chairman), Mr. Beaumont, Mr. Carpenter, Mr. Clabon, Mr. R. Dawes, Mr. Drew, Mr. Finch, Mr. Kelly, Mr. Nisbet, Mr. Sawtell, Mr. S. Smith, Mr. Steward, Mr. Styan, Mr. Whyte, and Mr. Boodle (Secretary), when grants were made to the widows of two non-members, and other general business was transacted. ARTICLED CLERKS' SOCIETY. A MEETING of this society was held at Clements' Inn Hall, on Wednesday the 10th Jan. instant, Mr. E. W. Bone in the chair. Mr. Willcock opened the subject for the evening's debate, viz.: LIVERPOOL LAW STUDENTS' SOCIETY. A MEETING of this society was held on Thursday, the 4th instant, at the Law Library, 14, Cookstreet, Mr. James Lomax, solicitor, presiding: The subject for discussion was: "Messrs. J. and K. sue A. B. for an alleged libel, the libel being an article contained in a newspaper published by the defendant, which is as follows: Messrs. J. and K. have introduced, and largely advertised, bags.' As we have not even seen the 'Bag of Bags,' an article of their manufacture as the Bag of we cannot say that it is useful, or that it is portable, or that it is elegant. All these it may be, which we think very silly, very slangy, and very but the only point we can deal with is the title, vulgar, and which has been forced upon the notice of the public, ad nauseam.' The declaration avers no special damage. Defendant demurs to the declaration. Is the demurrer good?" The affirmative was carried by a small majority. Hon. Sec. : "Your committee, in presenting their annual report, are gratified at being enabled to state that the standard of their numbers has, during the past year, been fairly maintained; there being only a decrease of one in the number of their members and subscribers, the present members being seventy-three as against seventy-four last year. During the past year, three country members, one barrister, and one subscriber (who has not been in practice for the time necessary to qualify him as a member) have been elected. "By the recent appointment of Mr. G. J. P. Smith and Mr. Harington, the society has lost two esteemed subscribers. of which was "There have been four special general, one halfyearly, and three committee meetings during the past year. The special general meetings were held to consider the propriety of adopting certain scales of costs by commission, one of which was issued by the Incorporated Law Society, and the other recommended by the Law Societies of Manchester, Liverpool, and other places of which a pamphlet, giving an illustrative table of such charges, has been sent to every member of the society. A deputation, consisting of the president and vice-president, was deputed to attend a meeting at Manchester on the 23rd March, at which the vice-president attended to represent this society. Several communications on the subject have passed between the secretary of this society and those of the Incorporated and Metropolitan Law Societies, and a statement embodying the views of the Manchester and other law societies has been laid before the Lord Chancellor, one result of which has been that his Lordship, although declining to accept the proposals contained in the statement, expressed his willingness to introduce into Bills to be presented to Parliament for the remodelling of the superior courts, clauses giving ample powers of dealing with the question of costs by means of general orders to be made from time to time according to the exigencies of the case. "The provincial societies are still moving in the matter with a view of getting a uniform scale, and have requested a deputation from this society to meet them in London on Saturday, the 13th instant, at which several questions of great moment to the Profession, including legal education, will be considered. "The number of books (exclusive of weekly periodicals) taken out of the library up to the 31st Dec. last, was 1093, as against 1003 last year, showing an increase of ninety, and at the same time the number of members and subscribers consulting books and papers of reference in the library has been undiminished. "The sum of 371. 18s. 7d., deducting discount, has been laid out in the purchase of books and binding during the past year. "The annual dinner of this society took place at the Abbey Hotel, Great Malvern, on Thursday, the 30th July, at which sixteen of the members were present, and a pleasant gathering was the result. "A case of improper interference with the practice of a solicitor by a member of the Bar (although general meeting of this society by a member, and not a practising barrister), was brought before a the matter very fully investigated at a special and adjourned general meetings, attended by a large number of members, when a resolution was passed to the effect that the meeting considered that great irregularity had been practised by the gentleman referred to, and the resolution as passed was sent to him. "The treasurer's accounts have been audited, showing a balance of 60l. 17s. 2 d., to the credit of this society as compared with 387. 13s. 2d. last year." J. H. L. Jones, the report was adopted. The following were appointed officers for the ensuing year: Mr. Bentley, president; Mr. R. P. Hill, vice-president: Mr. Allen, treasurer and hon. sec.; and Messrs. Hyde, Hughes, Bedford, Bird, and Corbett, committee. It was proposed by Mr. Hyde, seconded by Mr. Bentley, that the thanks of this meeting be given to Mr. Holyoake for his services as president during the past year. It was agreed that the president and Mr. Hughes should attend as deputies from this society at the meeting of the Associated Provincial Law Societies to be held at the Law Institution, London, on the 13th instant. LEGAL OBITUARY. SIR F. BRADY. THE late Sir Francis Brady, Knt., some time Chief Justice of Newfoundland, who died from an attack of bronchitis, on the 29th ult., at 59, Burlington-road, Bayswater, in the sixty-third year of his age, was a son of the late James Brady, Esq., of Navan, in the county of Meath, and was born in the year 1809. He was educated at Trinity College, Dublin, where he took his Bachelor's degree in 1835. He was called to the Irish Bar by the Honourable Society of King's Inn, Dublin, in 1836, and was appointed Chief Justice of Newfoundland and Judge of the Vice-Admiralty Court in 1847, but retired in 1865. He received the honour of knighthood by patent in 1860. He married, in 1839, Kate, daughter of David Lynch, Esq., of Dublin. The deceased gentleman has left behind him the reputation of a good and sound lawyer and an able and honest judge. MR. JAMES POWELL. WE have to announce the death of Mr. James Powell, solicitor, of Chichester. On the passing of the Municipal Corporation Reform Act, Mr. Powell was elected, by a narrow majority, Town Clerk. In this capacity his clearness of judgment, impartiality, and conciliatory demeanour, soon disarmed all party opposition, and as opportunity offered other public appointments were conferred on him. Enjoying in a great degree the confidence of his fellow citizens, Mr. Powell succeeded in establishing a flourishing business, to which, with the public office attached, his son succeeded a few years since, on the retirement, through ill health, of our lamented friend; and at the early death of the son, in Sept. 1871, the members of the various public bodies, mindful of the past faithful services of their old townsman, and actuated doubtless in some degree by kindly feelings towards his family, unanimously elected Mr. Edward Arnold (who had joined the firm shortly after the senior Mr. Powell's retirement), as his successor. Although, says a local newspaper, Mr. Powell, from the nature of his avocations and duties, necessarily came in contact with men of all parties, ranks, and conditions, we believe that it may be safely said that he never made a personal enemy, and healed many a breach where men of a less kindly nature would have prolonged the strife. THE GAZETTES. * Gazette, Jan. 2. AVISON, BOULT, and MAPLES, attorneys and solicitors, Liverpool. Dec. 30. (Thomas Avison, Francis Cecil and Arthur Maples) as regards Maples EADY, GEORGE JAMES, and CHAMPION, FREDERICK SHEPHERD, GRIBBLE and HOCKIN, attorneys and solicitors, Barnstaple. attorneys and solicitors, Brighton. Jan. 1 Dec. 26. (John Charles Gribble and Charles Francis Hockin.) HYDE and CLARKE, attorneys, solicitors, and conveyancers, Worcester. Dec. 30. (Thomas Garmston Hyde and George Clarke.) Debts by Hyde. STUBBS and FOWKE, attorneys, solicitors, and conveyancers, Birmingham. Dec. 30. (John Heath Stubbs and John Copson Fowkes.) Bankrupts. Gazette, Jan. 5. To surrender at the Bankrupts' Court, Basinghall-street. FRANCIS, THOMAS HENRY, manufacturing jeweller, Osnaburghter, Regent's-pk. Pet. Jan. 2. Reg. Brougham. Sur. Jan. 16. Sols., Taylor and Jaquet, South-st, Finsbury |