« EelmineJätka »
NOTES OF THE WEEK. the settlement executed by John Knott, and is fendant's rule absolute, being of opinion that
now vested in the plaintiff as the surviving there was no implied promise to indemnify the COURT OF QUEEN'S BENCH.
trustee of that settlement. A verdict pro formâ plaintiff arising from the relation between the par. Wednesday, Jan. 31.
was entered for the plaintiff, for 40s.; and a rule ties, and certainly not after the time when the
was afterwards obtained to set that verdict aside defendant ceased to occupy; and further there was NEWBY v. VON OPPEN AND OTHERS.
and enter it for the defendant, on the ground that clearly no relation of landlord and tenant between Service of writ - Foreign corporation --- Double the legal estate in the property devised by the the parties, and no tenancy between the plaintiff
domicile-Common Law Procedure Act 1852, ss. will of Robert Knott is not in the plaintiff.' And and defendant. The case failed both on the ques. 16 & 17.
tion of indemnity and on the question of tenancy. This was an appeal from a master's order at Ambrose and R. H. Collins, for the plaintiff, Rule absolute to enter the verdict for the chambers, which had been referred to the court showed cause, and
defendant. by a judge. Von Oppen and Colt's Fire Arms Holker, Q.C., and J. Edwards, for the defendants
Attorneys for the plaintiff, Gregory, Rowcliffe, Manufactory Company were joint defendants in in support were stopped.
Roucliife, and Rawle, 1, Bedford-row, W.C., this action upon a contract made in London, the
The COURT (Kelly, C. B., and Cleasby, B.) were said company being an American corporation not of opinion that the legal estate in the property in
Attorney for the defendant, Bolton. incorporated in this country, but having a branch question did not pass to the plaintiff under the place of business in Pall Mall managed by Von settlement, for though the words of it were large
Monday, Jan. 29. Oppen, who however was authorised only to sell the goods consigned to him, and not to enter into enough to pass it, yet, on looking at the whole
SECOND DIVISION OF THE Court. instrument and the surrounding circumstances, principals. Two copies of the writ had been from, it was clear that the deed was not intended executory contracts except upon approval of his and the intention of the parties as gathered thereBRITTON (Admx. &c.) ~: The Great Western
COTTON COMPANY. served at the branch office, one directed to Von to apply to trust estates, or to any property but Master and servant - Machinery in motion – Oppen and the other to the company, Upon ap; that in which the settlor John Knott, was benefi. plication by the company the master had ordered cially interested.
Dangerous employment-Duty to fence-Factory
Fausset v. Carpenter (in the Act (5 $ 6 Vict. c. 15), sect. 21-Contributory their name to be struck out of the writ and sub. H. of L. 2 Dow. & Cl. 232) is identically in point, negligence. sequent proceedings, on the ground that the ser. and the present case cannot be distinguished from This was an action by the plaintiff, the widow and vice of the writ upon them was invalid. it.
administratrix of one Samuel Britton, and was Manisty, Q.C. and Philbrick showed cause
Rule absolute to enter a verdict for the brought by her, under Lord Campbell's Act, to against a rule to rescind this order.
recover pecuniary compensation for the loss E. Clarke supported the rule.
Cur. adv. vult.
Attorneys for the plaintiff, Bower and Cotton, inflicted on her and her child by the death of her
46, Chancery-lane, W.C., agents for Gardner and husband through an accident occurring to him The COURT (Cockburn, C.J., Blackburn, Mellor, Horner, Manchester.
whilst employed at the defendants' factory, by and Qnain, JJ.) considered that the company had Attorneys for the defendant, Woodcock and reason of the defendants neglecting to fence certain a domicile in this country as well as in America, Ryland, 14, Lincoln's-inn-fields, W.C.; agents for machinery close to which the deceased was at and following the law laid down by Lord St. Clayton, Ashton-under-Lyne.
work, by reason whereof he became entangled in Leonards in The Carron Iron Company Proprietors
the said machinery and was killed. The declara5. Maclaren (5 H. of L. Cas. 416) refused to stop
tion contained two counts, which charged, in the proceedings against them at this stage.
SECOND DIVISION OF THE COURT. substance, that the defendants, being occupiers of
a cotton factory, and the owners of certain Attorneys for plaintiff, Harper, Broad, and
machinery therein, did not safely and securely Battcock.
CROUCH v. TREGONNING.
fence the said machinery, in compliance with Attorney for defendants, G. E. Thomas.
Landlord and tenant-Lessor and lessee-Equi- the provisions of the Factory Acts of 1844
table assignment by lessee-Payment of rent to and 1856 in the declaration mentioned, and
landlord by lessor-Implied indemnity by lessee that there was in particular a steam engine, COURT OF EXCHEQUER. - Tenancy-Use and occupation.
the flywheel and spurwheel of which were not Tuesday, Jan. 23.
This was an action to recover on an alleged sufficiently guarded and fenced, and also a wheel SIDEBOTHAM v. KNOTT.
promise of indemnity, tried at Bristol at the last race not otherwise secured and not fenced close
summer assizes, before Willes, J. By the first to its edge, within the meaning of the said Detinue for deeds—Titie to--Voluntary settlement count of the declaration it was charged that statutes ; that the said Samuel Britton was em
-What passes by-Trust estate-Beneficial inie. the plaintiff was tenant to one Lanyon of ployed by the defendants to place himself close to rest-Legal estate-Construction-Intention. certain premises, for the residue of a term of the edge of the said whoelrace in order to lubri. This was an action of detinue for deeds retained fourteen ycars therein from Dec. 1858, and that cate the bearings of the said fly and spurwheels by the defendant, relating to property near Ashton. the defendant in consideration of the plaintiffs of the engine, the defendants knowing and the under-Lyne. One Robert Knott, by his will, in giving up to him the possession of the residue of suid S. Britton being ignorant of, the unsafe and 1836, devised all his freehold and leasehold pro- the said term, promised the plaintiff to indemnify insufficiently fenced condition of the same maperty to his three sons, John, James, and Robert him against the rent of the premises, and assign. chinery; and by reason of the defendant's negli. Knott, upon trusts for the benefit of his widow ing for breach that the defendant did not ir.. gence as aforesaid the said Samuel Britton was and children, and which trusts are still subsist. demnify the plaintiff. By the second count the caught up and whirled about by certain parts of ing, and he died in 1842. The son John, who sur plaintiff charged that the defendant was tenant the said steam engine and greatly injured, and vived his two brothers and co-trustees, died in- | to the plaintiff of certain premises at a rent of afterwards died of his said injuries; whereby, &c., testate in 1958, leaving his only son, Joseph Knott, £80 per annum, payable on the usual quarter days, the defendants ,pleaded first Not Guilty, and, in his heir-at-law, and having, a few days only before from 10th March 1869, and that two years' rent was addition, several other pleas to the following his death, viz., on 13th Jan. 1868, executed a volun. due and unpaid. And the third count was for use effect: Denying the deceased's ignorance and the tary settlement of his property, whereby he con- and occupation, and for money paid, &c. The defendants' knowledge of the things alleged in veyed “ all his real and personal estate whatsoever defendant pleaded first to the first count, denying the said count; that he, being of sound mind and and wheresoever then vested in him," unto and to the promise to indemnify; secondly to the second above twenty one years of age, voluntarily unthe use of his son, the said Joseph Knott and count, a denial of the tenancy as alleged ; and dertook the employment with knowledge of the his son-in-law, William Sidebotham (the plain thirdly to the residue of the declaration, never danger in consideration of an increased rate tiff), their heirs, executors, administrators, and indebted; and on these pleas issue was joined. It of wages ; that the parts of the machinery and assigns, upon certain trusts therein mentioned. was proved at the trial that the plaintiff was engine alleged not to be securely fenced, were Joseph Knott made his will, dated 5th May 1870, tenant to Lanyon of a certain farm, from Dec. not such as the Factory Acts required to be so and thereby gave, devised, and bequeathed all his 1868, for a terın of seven, fourteen, or twenty-one fenced, or near to which young children, young real and personal estate whatsoever and whereso- years, at £80 a year rent, and that he occupied persons, or women were liable to pass, &c. ; and erer unto and to the use of his wife, Elizabeth the promises up to and until March 1869, when he that the said S. Britton knew the said steam Knott (the defendant), her heirs, executors, and ad. assigned, or professed to assign, the remainder of engine and machinery were not securely fenced, ministrators absolutely, and appointed her sole his estate and interest in the premises to the do- and by his own negligence caused himself to be executrix of his will, and died on the 13th Nov. fendant, by an agreement in writing, but not caught up, &c. Issue was joined on all the pleas. 1870. The defendant duly proved the said will as under seal, under which agreement the defendant It was proved at the trial before Brett, J. and a sole executrix in July 1871. Up to the death entered into the occupation of the premises. special jury at the last summer assizes at Bristol, of the said Joseph Knott as last mentioned, The landlord declined to give his licence that the deceased was employed to grease the the plaintiff Sidebotham recognised the said to the assignment, such licence being requisite bearings between the flywheel and the spur or cogJoseph Knott as the trustee, and acted as his under the terms of the plaintiff's lease, and wheel of the steam engine in the defendants'engine agent in collecting the rents of the property, a consequently no legal assignment was ever exe. house. The bearing on which the shaft revolves is part of which he himself occupied as yearly cuted between the parties. The defendant, fixed on a plate in the division wall, and there was tenant, and he regularly paid over the rents of the although he might have remained on in the occu- an opening in the wall (called the “wall box”) property quarterly to Joseph Knott, who divided pation of the premises, quitted the farm at for the purpose of həding it. The thickness of them every year amongst the parties entitled Michaelmas 1870, in conformity with a notice the wall
is 2ft. 3in., and the wall box, on which the under the will of the above-mentioned Robert which he had given to Lanyon of his intention so deceased had to sit in order to grease the bearings, Knott. After Joseph Knott's death the plain to do, and the farm was unoccupied after that was 5ft. long by 4ft. high, and the access to it was tiff continued to pay over the said rents to date. In the succeeding March (1871) the plain. by creeping between the spokes of the flywheel the defendant, the widow and residuary de- tiff paid to Lanyon £10 for the six months rent of when the engine was at rest. The flywheel (15ft. visee of Joseph Knott, up to about tho end the farm and premises from Michaelmas 1870. in diameter) was on his left hand, revolving in the of May 1871, when he refused to account or The defendant, whom Lanyon never accepted as wheelrace in the engine house, at fifty-seven to pay over to her any further moneys, alleg- his tenant, paid rent to Lanyon during the time revolutions per minute, ordinarily, and the spar or ing himself to be the legal representative of he was in occupation as for the plaintiff, and the cogwheel on his right hand revolving in another the said testator Robert Knott, and the trustee latter now sought to recover from the defendant room of the factory, the space between the two of his property, and demanded from her the deeds, the £10 so paid by him to Lanyon as above-men. wheels being 2ft. 10 in. Although the wheelrace wills, and papers relating to the title, and on her tioned for the six months from Michaelmas 1870 was fenced on its outer side it was not fenced refusing to give them up, the present action was to Lady-day 1871. A verdict was entered for the along the inner edge, by which the deceased sat brought to recover them. The trial took place at plaintiff for £40, and leave was reserved to the de- to do his work. He had been five days only in the the Liverpool Summer Assizes 1871, before Kelly, fendant to move to enter a verdict for him
; and a defendant's service at the time of the accident. C.B. The question at issue being whether the rule having been accordingly obtained in Michael The jury found no coutributory negligence in the legal estate in the property devised by the original mas term last to that effect.
defendant's undertaking the work, or in his testator Robert Knott to his three sons in Jan. 23.-A. Charles (with him was H. T. Cole, manner of doing it, and gave a verdict for the trust as aforesaid, passed to and is now vested in Q.C.) for the plaintiff, showed cause against, and plaintiff for £200. By the 21st section of the the defendant as devisee under the will of her Lopes, Q.C. for the defendant, supported it. 7 & 8 Vict. c. 15, it is enacted that husband, Joseph Knott, the heir at law of John
Cur. adv. vult. wheelrace not otherwise secured shall be fenced Knott the surviving trustee of Robert Knott's Jan. 25.—The COURT (Bramwell, Martin, and close to the edge of the wheelrace, and the said will; or whether it passed to the plaintiff under Pigott, BB.) now gave judgment, making the de protection to each part shall not be removed
THE GAME LAWS.
THE ALBERT AND EUROPEAN ASSURANCE CON.
THE BALLOT BILL.
while the parts required to be fenced are in meant the whole cause of action. Authorities were
THE SCOTCH POOR LAW. mo'ion." A rule having been obtained pursuant to divided, and the court had to say which was right. Mr. CRAWFORD gave notice of his intention' to leave to enter the verdict for the defendants, on Inconveniences might be adduced cither way, but bring in a Bill to amend the Scotch poor law. the grounds (amongst others) that the inside edge this was a French contract, and better understood
JURYMEN. of the wheelrace did not require to be fenced under there than here.
Mr. LOPES gave notice that on the 16th he the Filctory Acts, and that the deceased volun. The Court (Martin, Bramwell, and Cleasby, should call attention to the defective state of the tarily undertook the employment with kuowledge BB.), were of opinion that the rule should be dis- law with regard to the attendance, remuneration, ut the attendant risk.
charged, but that the plaintiff should, as in H1.7 Coe, Q.C. (with him A. Charles) for the Diamond v. Sutton (9 L.'T. Rep. N. S.:800; L. &c., of jurymen, and move a resolution there
upon. plaintiff shewed cause
Rep. 1 Ex. 430) undertake to confine himself kingdon, Q.C. and Pinder for the defendants, strictly to the cause of action arising within the
Mr. HAPDCASTLE gave notice that he should to. contra,
jurisdiction--namely, the non-payment of the morrow bring in a Bill to amend the laws relating The Court (Bramwell, Channell and Pigott, monthly salary during the service in London.
to game. BB.) gave judgment discharging the rule, and Rule discharged, the plaintij undertaking THE PROTECTION OF INFANT LIFE. were of opinion, first, that there was a clear accordingly.
Mr. Charley gave notice that to-morrow he breach of statutory duty on the part of the de- Attorneys for the plaintiff, Denton, Hall, and should bring in a Bill for the better protection of fendants in not fencing the edge of the wheel race Barker, 15, Gray’s-inn-square, W.C.
infant life. where the deceased was placed to work; secondly, Attorneys for the defendant, Reed, Phelps, and the danger was not so obvious as that the deceased Sidgwick, 3, Gresham-street, E.C. wuust necessarily have known, and voluntarily encountered it; but, if it were so, that alone
Mr. S. CAVE gave notice that to-morrow he would not enable the court to say there was no
should bring in a Bill to authorise the appointevidence for the jury, who found there was no
LEGISLATION AND JURIS. ment of commissioners for the purpose of inquiring contributory negligence in the deceased, a verdict
into and reporting upon the causes of the failure which concluded the case on that point, and with
of the Albert and European Life Assurance Com. which the court saw no ground for disagreeing.
HOUSE OF LORDS.
panies, and of the companies which have been Rule discharged.
merged in such companies, with power to examine Tuesday, Feb. 6.
directors, officers, whether permanent or occaAttorneys for the plaintiff, Gregory, Roucliffe,
THE APPOINTMENT OF SIR R. P. COLLIER. Boucliffe, and Raicle, Bedford-row, W.C., agents
sional, and all persons acting, whether as agents
Earl STANHOPE.-I beg to give notice that on or otherwise, in negotiations for the amalgamation for Benson and Elletson, Bristol.
Attorneys for the defendants, Jerediths, Roberts Thursday next I shall move for certain papers re- or transfer of other companies with or to the and Mills, 8, New.square, Lincoln'e-inn. W.C., I ating to the appointment of Sir R. P. Collier, and Albert or Earopean Assurance Companies. agents for Ward, Vassall, Parr and Osborne, solution : " That the House has seen with regret that on Thursday following I shall submit this re.
THE GAME LAWS. Bristol.
Mr. WHITE gave notice for Mr. P. A. Taylor, the course taken by Her Majesty's Government in who was absent, that that hon. gentleman would SECOND DIVISION OF THE COURT.
carrying out the provisions of the Act of last bring in a Bill for the abolition of the game laws. session relative to the Judicial Committee of the
THE APPOINTMENT OF SIR R. COLLIER. Friday, Feb. 2.
Privy Council, and is of opinion that the elevation ARROWSMITH 2. CHANDLER. of Sir Robert Collier to the bench of the Court of the 16th inst. I shall call the attention of the
Mr. R. A. CROSS.--I beg to give notice that on Action against British subject out of jurisilietion Common Pleas for the purpose of giving only a " Cause of action" in England_Application colourable qualification to be a paid inember of the House to the recent appointment of Sir Robert
Collier, and shall move a resolution thereupon. to set writ' asiile-C. L. P. Act 1832, s. 18– Judicial Committee, and his immediate transfer to
(Opposition cheers.) Undertaking to confine proof to cause of action the Judicial Committee accordingly, were acts at in England. variance with the spirit and intention of the
PRIVATE PILLS FOR IRELAND.
Mr. Pin gave notice, for Mr. Heron, that the Herschell, for the defendant, had obtained a rule statute, and of evil example in the exercise of
hon. gentleman would bring in Bill to dininish malling on the plaintiff to show cause why the writ judicial patronage” (hear, hear). of summons in this case, and all subsequent pro.
the expense and delay in obtaining local and per:
sonal Acts relating to Ireland. ocedings thereon, should not be set aside, on the
HOUSE OF COMMONS.
CAPITAL PUNISHMENT. ground that the cause of action did not arise
Tresday, Feb. 6. within the jurisdiction. Both parties were British The SOLICITOR-GENERAL took the oaths and
Sir G. JENKINSON gave notice that he shonld subjects. "The defendant carried on business both his seat on his re-election for the borough of Mr. Gilpin bad given notice, for a select com
move, as an amendment to the motion of which in France and England. In France, at Paris, Dover. anal three other large towns, and in England, in
mittee to consider the report of the Royal comLondon. The contract dated 28th Dec. 1866, was Mr. Forster gave notice that on Thursday tained a recommendation that the present law of
mission of 1866 on capital punishment, which con. written in French, and made in France. By it next he should bring in a Bill to amend the law rethe plaintiff was to be employed as manager of lating to the procedure at municipal and parlia
murder should be altered. the defendant's business (employé interessé was mentary elections (cheers). He also gave notice,
THE MIDDLESEX REGISTRY OF DEEDS. the French term) at a salary of 9000 francs a year, in the absence of his hon. and learned friend, that he should bring in Dill to discontinne the Mila
Mr. G. GRCGORY gave notice that on the 16th payable monthly, and a commission of 10 por cent.
the Attorney-General would on Thursday bring in on the balance of the pr fits to be taken at the
a Bill to amend the Corrupt Practices Prevention dlesex registry of deeds and other matters affecting end of each year. In Oct. 1870, owing to the Act and the Parlia.nentary Elections Act of 1868. the settlement of land in Middlesex. exigencies of the war in France, the defendant
PATENTS FOR INVENTIONS.
SCOTCH LEGISLATION. came to London; and the plaintiff came with him, and from Oct. 1870 to June 1871, was occupied day three weeks he should call the attention of
Sir D. WEDDERBURX gare notice that on that
Mr. SAMUELSON gave notice of his intention to
move the reappointment of the select committee in London in the defendant's service, when they the house to the difficulties which existed under
0. last session on patents for inventions. both returned to France, the plaintiff continuing on there in the service till November the discussion in this house of the special affairs
the present system of obtaining opportunities for last, when he was dismissed. He now commenced of Scotland, and that he would move for a select the following is a copy of a Bill drawn up by
ARBITRATION FOR TRADES' UNIONS. this action against the defen lavt for breach committee to consider the subject. of contract in non-payment of wages, and for
Mr. Rupert Kettle:-wrongful dismissal, and by his affidavits used at
“ A Bill to extend the application of the Act to chambers, when the matter came before Hannen, Mr. GOURLEY gave notice that on the 19th consolidate and amend the laws relative to J., it was sworn that a cause of action arose in March he should move for a select committee to the arbitration of disputes between masters London consisting of salary due to the defendant inquire into the existing management of dock. and workmen. in relation to his services rendered in London and yards, survey of ships, &c.
6. Whereas it is desirable to extend the pro. still remaining unpaid. Hannen, J. had, after THE DUNGANNON BENCH OF MAGISTRATES. visions of an Act passed in the reign of His Mataking time to consider, declined to make an
Lord C. HAMILTON gave notice that, on the 13th jesty King George IV., intituled 'An Act to order, setting aside an order of the master giving inst., he should call the attention of the house to consolidate and amend the Laws relative to the Leare to proceed, being of opinion that a cause of the treatment of the Dungunnon bench of magis Arbitration of Disputes between Via-ters and action arose within the jurisdiction. Sect. 18 of trates by the Irish government, and move for
Workmen,' so as to make the same applicable to the Common Law Procedure Act 1852 cnaets that copies of corresponder:ce with reference to the modern modes of settling such disputes by boards ** it shall be lawful for the court or judge upon charges against them.
: enacted the being satisfied by aflida vit that there is a cause of
Queen's Most Excellent Majesty, by and with the action, which arose within tho jurisdiction, or in
Mr. WALPOLE gave notice of his intention to
advice and consent of the Lords Spiritual and respect of the breach of a contract made within | bring in Bill to provide for the appointment of Teinporal, and Cominons, in this present Paris the jurisdiction,' &c., to empower the plaintiff to proceed in the action as therein mentioned.
ment assembled, and by authority of the same, as public prosecutors.
follows:Day, for the plaintiff, showed cause.—Though
* 1. Interpretation.-(a) In this Act the words made abroad, one breach of the contract was the Mr. GILPIN gave notice that on Friday next lie the Act,' shall mean the statute of 5 Geo. 4, cap. non-payment of the monthly salary in London. should bring in a Bill for the abolition of the 96. (b) The word board,' shull mean any board The Court of Queen's Bench in Allhusen v. Mul punishment of deatii.
of arbitration described in the next following seco qarojo (18 L. T. Rp. N. S. 323; L: Rep. 3 Q. B. i
tion, which shall have under its rules power to 3432; 37 L. J. 169, Q. B.), following Sichel v. Borch i Mr. Lopes gave notice that Sir M. Lopes (who determine any dispite of which it may hare cos. in this court, (9 LT. Rep; N. s. 637; 2 H. was absent) woull on the 27th bring forward a nizance. (c) The word decision, shall mean any C. 954; 33 L. J. 179. Ex.), held that cause of motion with regard to local taxation.
final decision, in writing, of any dispute in manner uction" meant tho whole cause of action. But ini
prescribed by the rules of the board, whether the Jackson v. Spittal (22 L. T. Rep. N. S. 755); !
same be by recording a rote of the board on a L. Rp.5
C. P. 542 : 3) L. J. 321, C. P.) the Court he should bring in a Bill to facilitate the proof of resolution of a meeting, or boy tin written julka of Common Pleas declined to follow those cases. titles in the conveyance of estates.
ment, in the nature of an award of any chairman lastly, this court in Durham v. Spence (23 L. T.
or umpire. Hep. N. S. 500 ; L. Rep. 6 Ex. 46; 40 L. J. 3, Ex.)
THE CONTAGIOUS DISEASES ACTA. were divided, Martin and Pigott, BB., following !
Mr. W. Fowler gave notice that on Tuesday voard shall be formed for the purpose of settling
“ 2. Act to extend to all boarils. Whenever a Jackson v. Spittal in the Common Pleas, and Kelly, next h: would bring in a bill to repeal the Cou.
any disputes between masters and workmen in C.B., agreeing with the other cases. It is snb tagious Diseases Acts 1836 and 1869.
any trade, or between masters and workinen car. mitted toat Jackson v. Spittal was right, and that CENTRAL SCHOOX OF LEGAL EDUCATION. rying on business in any district, then, whatever there was a cause of action within the jurisdiction Sir R. PALJER gave notice that on the 1st may be the con-titution or form of procedure of here.
March, on going into committee of supply, ho sneh boari, and whether or not the same shall Hersche'l, for the defendant, contra.--On a true should submit to the H 10 resolutions in tavour purport to have cognizance of both present and sonstruction of the statute, “cause of action" of a general central school of legal educativa. future disputes, or coyvizance of disputes relative
THE MANAGEMENT OF DOCKYARDS.
to the terms of any contract about to be entered agreement shall, for the purposes of this Act, be annual rental of £103 4s. 8d., and each of the into, or to the construction of any existing con. deemed proceedings for conciliation.
forty-eight claimants was then entitled to be put tract, or to the breach of any contract, such board “11. Short title.-The Act shall be cited as 'The on the register as a 40s. freeholder ; but if the exshall have all the powers conferred by this Act, Trades Arbitration Act 1871.'
pense of laying on the water was also deducted, and also such powers contained in the Act as are " Clauses in the Act of 5 Geo. 4, c. 96, proposed there remained a net annual rental of only hereinafter mentioned.
to be incorporated in the 'Trades' Arbitration Act £81 58. 78., which did not give a 40s. freehold to "3. How contract of subinission shall be maile. 1872':
each of the forty-eight claimants. The revising -Every master who agrees to be bound by the “ Sect. 9. Power to summon witnesses, and to barrister held that the expense of laying on the decision of any board shall affix and keep affixed compel them to attend and to give evidence, under water was a necessary expense and proper to be in some conspicuous part of his place of business, pain of imprisonment.
deducted from the gross annual rental, and conwhere the same can be read by his workmen, a “ Sect. 17. Power for married women to lodge sequently disallowed the votes. Held, that the printed copy of the rules of such board, and shall complaint in name of husband, and for children revising barrister was wrong: (Buckley v. Wrigley, also deliver a printed copy thereof to each of his under age in the name of parents or guardians. 25 L. T. Rep. N. S. 835. C. P.) workmen; and every workman who agrees in like “ Sect. 24. Performance of award may be enforced COUNTY FRANCHISE-FREEHOLD FOR LIFEmanner to be bound shall accept a printed copy of by distress, and, failing that, the party refusing 40s. FREEHOLD-BYE-LAWS OF A CORPORATION the rules so delivered ; and every employer so may be imprisoned.
- Poor BURGESS.-A corporation, being possessed. affixing, and every workman so receiving a Sect. 25. Where consequences or distress ruin. of certain lands, made a bye-law that they should copy of such rules, shall in all things be bound ous, or especially injurious to defanlter or his be occupied by poor and necessitous burgesses at thereby.
family, warrant may be withheld and defaulter a rent to be fixed and named by the corporation " 4. Attendance of persons and production of committed.
at their pleasure. The bye-law provided that only documents.- Where a summons is issued and
“ Sect. 26. On payment of sum awarded, with such persons were poor and necessitous burgesses served upon any person according to the rules of costs, party imprisoned to be discharged.
as were declared so by a majority of the council of any board, to attend before such board and give “ Sect. 27. Form of commitment.
the borough. The claimant, who claimed to be evidence; or to give evidence and also to duce “Sect. 28. No appeal by writ of certiorari. entitled a vote as a 40s. freeholder, had been any books or documents in his possession, and Sect. 29. No proceedings under Act to be bad declared a poor and necessitous burgess, and had the person so served wilfully omits to appear at for want of form.
been allotted one acre at a rent of 5s. per annum the time and place mentioned in the summons, or, “ Sect. 30. Fees to be paid as under :-Summons, until further notice : Held, that the claimant had then and there, to produce the books or documents 20. ; oath, 3.l.; entering order, 4 ; warrant, 6l. no freehold or equitable interest sufficient to mentioned in such summons; or if any person “Sects 33 and 34. As to limiting actions against entitle him to a vote ; that the estate was held at being present at the sitting of any board shall arbitrators,” &c.
the will of the council, and at the most his in. refuse, when required, in accordance with the
terest was not greater than that of a tenant from rules of such board, to give evidence or to pro.
year to year : (Fernie v. Scott, 25 L. T. Rep. N. S. duce any books or documents, then in his posses.
836. C. P.) sion, then, and in either of the above cases, the
ELECTION LAW. person so omitting or refusing shall be a witness in default within the meaning of sect. 9 of the
NOTES OF NEW DECISIONS.
ESTATE AND INVESTMENT Act; and, thereupon, any justice of the peace act. NOTICE OF CLAIM - POWER TO ing in the petty sessional district where such DESCRIPTION.-B. being entitled to be registered
JOURNAL. person shall so have omitted or refused to attend in respect of the occupation of a house in E. of the or to give evidence, or to procluce books or docu. clear yearly value of not less than 101., served STOCK AND SHARE MARKETS. ments, shall have and exercise all the jurisdiction unon the overseers a notice of claim in the form conferred upon justices by sect. I of the Act; and given by the 6 Vict. c. 18, Schedule B, No. 6, in
The following are the fluctuations of the week the person who shall have so omitted or refused the third column of which the “nature of qualifi. ENGLISH Fuxos. Fri. Sat. Mon, Tues Wed. Thu. shall be subject to the penalties therein men
E. is a city tioned. If any person objects to the inspection of and county of itself, having reserved rights of
Bank of England Stock 245
372 Cent. Reci. Ann.... 921 any book or document by the board, because so voting as freeholders and freemen under 2 Will. 4.
92 92 92 921 91 37 Cent. Cons. Aun..
923 doing would unnecessarily expose his trade, then c. 43, and therefore persons possessing freehold
New 24 P Ceut. Aun... the board shall appoint some independent person property are entitled to vote for the city, and the Do. 3 PC. Jan. 1891 to extract from such book or document, in a form overseers of the parish make out two lists, one of New 3 Cent. Ann. 92 not to lead to such exposure, such information as persons entitled to vote as occupiers, the other of 5 Cept. Aunuities may be required by the board ; and such books persons entitled by virtue of other rights except 57 Cents, Jan. 1973
Ann. 30 years and documents shall be then produced and de- as freemen: Held, that the notice was sufficient,
exp. April 5, 1885
10,1 livered, in the presence of the person producing or, if not sufficient, that the revising barrister had
Do, exp. Jan. 5, 1880 the same, to the person so appointed.
power to amend : (Ford v. Boun, 23 L. T. Rep. DS), exp. July 1850 * 5. Decisions and their enforcement.--Every N. S. 830. C.P.)
Ror Sea Tele. Ann. 1908 decision shall be in writing, and where it orders COUNTY FRANCHISE- £12 OCCUPIER-NOTICE Consuls, for Ace. 92
92! 927 92}} 911 the payment of money it shall state the sum, and OF CLADI. The appellant claimed before the re.
India 5 Cent. for Acc.
111 110 by whom, to whom, and when the same shall be vising barrister to have his name inserted in the
Iudia Stock, July 1880 paid; and when the decision orders anything to be list of £12 occupiers for the parish of W.
203 done, or not to be done, then it shall further order proved that on the 25th Aug. he sent to the over. India 57 Cent. what som shall be paid, and by whom, and to seors of W. a notice of claim in the following India 47? C. Oct. 1888 106 106
1053 1052 whom, and when, as liquidated damages if such terms: "To the overseers, &c. I hereby give yon
India 5 tot Cent. 1870 ...! decision is not complied with ; and every decision notice that I claim to be inserted in the list of
India Bonds (10001.)... 303.a 303,a 300.a 30% a 253.a 203,a
Do. (under 10001.) 308.a 308.2 30s.a 308.a so made shall be an awarii irithin the meaning voters for the division of East Devonshire, and
Ex. Bills, 10001. 58.0 53.0 58.0 55.0 55.0 58.0 of sci. 24 of the Act, and be caforced accord. that the particulars of my place of abode and Do. 5001
23.0 23.0 23.0 25.11 24.0 24.4 ingly.
qualification are stated in the columns below. Do. 1001.and 2001. 28.a 23.0 23.0 23.0 23.a 25.4 “6. Eremption from operation of penol Dited the 25th Aug. 1871. (Signed) F. H. Firth.” Metropolitan Board of statutes.- No member of any board, nor any The nature of his qualification was described in
Works 3 # C. Stock. 973 974 971 97 person bonnd by the proceedings thereof, shall the third colum below as “ land as occupier.” The
a Premium. be liahle to any penalty or punishment under any | appellant was entitled to be put on the list in Act relating to inasters and servants for any respect of land occupied by hiin of the valne of
PUBLIC COMPANIES. breach of contract of which such board might more than £30 a year. The revising barrister under its rules take cognizance. hell the notice insufficient, as it was sent in too
RAILWAY COMPANIES. *7. Boards to use public buildings.-With the late to enable the appellant to claim to be put on Belfast and Northern Counties.-Dividend on consent of the rating authority, and subject to the list of £50 occupiers, and that a notice the ordinary shares at the rate of 7 per cent. per proper regulations, any board may holl meetings of claim to be put on the list of £12 occupiers annum. in any building maintained out of public rates, onght to show on its firce that it was a claim to be Bristol and Enter:-Dividend at the rate of 6} upon paying the expenses of lightiny, warming, put on that list, and not a claim to be placed on
per cent. per annum. and cleaning such buildings when so used.
the register sent in too late. Hell, that the notice Lancashire and Yorkshire.— The half-yearly “ S. Paris of the Act to be incorporatel lere
wis sufficient as a notice of claim to be placed dividend at the rate of per cent. per annum. with.--Sects. 9, 17, 21, 25, 26, 27 (with form in on the li-t of £12 occupiers: (Firth v. The (reis Londonderry on Enniskillen.- Preference divi. schedule there referred to), 28, 29, 30, 33, and 31 of seers of Willicombe-on-the-loor, 35 L. T. Rep. dends, 5 per cent. on the A and B stocks, together the Act shall be incorporated with this Act, and N. S. 833. C. P.)
with 1.} per cent. on B arrears. construed therewith as though the same had been COUNTY FRANCKISE-FREEHOLD–DEDUCTION
North Staffordshire.--Dividend at the rate of 4 hereby re-enacted, OF EXPENSES.---Appellant, and forty-seven other
per cent. per annum. ** 9. The acceptance of this Act by boards to be persons, claimed a county vote, describing their
BAXKS. roluntary.-This Act shall not be in force in re qualification as "share of freehold houses and lation to any board, or the proceedings thereof, lands." The appellant and another person were
London and County.-Dividend of 6 per cent. until the whole or some part hereof shall be ac- the owners in feo simple of certain houses and for the half-year, together with a bonus of 3.) per cepted by such board. And any board may accept lands in trust for themselves and the other forty: cent. the whole or any part of this Act; and only such six claimints, in forty-eight qual undivideil
London and Prorincial.-Dividend at the rate parts as are so accepted shall, in relation to such shares as tenants in common. The gross acnnal of 74 per cent. per annum. board, be in force. And when any board shall ac- rental up to June 1871 mis 011 11s. 41., but for York City and County.--Dividend of 10 per cent. cept the whole or any part of this Act, such board the year between 31st July 1970, and 31st July and a bonus of 30s. per share, or 6 per cent. shall so state in its rules, in the following form 1871, it wils 2113 23. 10d., the increased rent FINANCE, CREDIT, AND DISCOUNT COMPANIES. (or some form to like effect);- viz., "This board of £1 8s. Od. being occasioned by the bringing General Credit and Discount.--Dividend at the has accepted the Trailes' Arbitration Act 1871;' into the dwelling houses a supply of water, and rate of 7 per cent. for the twelve months. or, if part only be accepted, then, this board bas such bringing in of water was found by the Imperial Credit.--Dividend at the rate of 5 per accepted sections (here state sections accepted) of revising barrister a convenience to the tenants, cent. per annum for the half-year. the Trades' Arbitration Act 1871.' Provided that who were charged an increased rent in respect of Midland Land and Investment.--Dividend at it shall not be competent to any board to accept it, and such increased rent commenced in Juno the rate of 10 per cent. per annum. sect. 32 of the Act only.
1871, when the water supply commenced. The Orereni, Gurney, and Co. (Limited).-The liqui. “ 10. Not to apply to proceedings for conciliation. cost' of laying on such water was £21 19s. 1d. | dators announce that during the past year they --The provisions of this Act shall not apply to There were certain outgoings in the shape of chief have succeeded in realising sufficient to discharge any proceedings taken for the purpose of setilius rents, right of way, and commissions to a rent the balance of the loan obtained in 1870, that the any dispute by conciliation only; and where 110 collector, amounting to £39 185. 2d. If only this whole of the ascertained debts have been dispower is given to any board to determine any is. last amount was deducted (and it was conceded charged with the exception of £1175 unciaimed, pute, in case the parties theret) cannot mutually that it was properly deducted) from the gross and that there remains only outstanding a conagree, ang proceddings to promote such inutual rental of £113 2s. 19d., there remained à net 1 tingent liability, the existence of which will not
2: : :
interfere with a return being made to the share of a supplemental bill, bringing the facts stated in petition except under very special circumstances : holders. The date when the liquidation will be the new bill directly in issue against the new Austin v. Austin, 25 L. T. Rep. N. S. 856. Div.) completed cannot yet be given.
parties : (Hildzard v. Field, 25 L. T. Rep. N. S. TRADE MARK SPURIOUS IMITATION ASSURANCE COMPANIES. 784. V.C. W.)
CARRIER-INJUNCTION-FRAUD.-Certain goods Home and Colonial Marine Insurance.-Divi. RATIFICATION OF SETTLEMENT-DELIBERATE bearing a spurious imitation of the plaintiff*: dend at the rate of 6 per cent. per annum.
ACT OF SETTLOR-UNDUE INFLUENCE-PROFES- trade mark were shipped by foreign merchants to The General Mortgage and Securities Insurance SIONAL ADVICE-DELAY IN SEEKING RELIEF.- the London Docks, to the order of a London firm Company (Limited) is announced. Capital £25,0000, A son, when at the age of twenty-one, and while who were not dealers in the goods in question, but in 50,000 shares of £5 each. This company is residing with his father, made a settlement in merely acted as forwarding agents. On a bill by established for insuring to mortgagees, and other favour of his father, who was at the time in receipt the plaintiff to restrain the removal of the goods owners of moneys, stocks, or funds, charged by of a comparatively small income, whereas the son from the dock with the spurious brand on them: way of mortgage, or otherwise, upon real or per- was in affluent circumstances. Fourteen years Held (affirming the decree of the Master of the sonal property, life interests, reversions, or other afterwards the son filed a bill to set aside the Rolls), that in such a case it was no defence to say partial interests therein, the due payment of their settlement on the ground of his youth, inexpe that the defendants were merely carriers or principal or interest, or both, notwithstanding the rience in business, want of proper advice, and consignees, but that, as it was proved they were insufficiency of their securities, as to value or undue influence on the part of his father at the not guilty of participation in the fraud of the otherwise, as the case may be; thereby giving, in time of its execution : Held, that the settlement foreign merchants, as they had given the plaintiffs consideration of a moderate annual or other pre- might have been set aside on the ground that the all information in their power, and had offered to mium, a perfect security against any loss in the son had not bad adequate protection, but for sub. erase the forged trade marks, the plaintiffs could event of the mortgaged property not realising upon sequent delay in filing the bill. The delay how. have thus obtained all they were entitled to. sale, by reason of the risk insured against, the over did not affect the power in the settlement Appeal dismissed with costs ::(Upmann v. Elkan, amounts so charged thereon. The prospectus given to the father to revoke the trusts of a part 25 L. T. Rep. N. S. 813. Chan.) says : Solicitors, trustees, guardians, and exe- of the property and to deal with it as he pleased. WILL NOT FORTHCOMING-PRESUMPTION OF cutors, will feel relieved from the responsibility That was an unreasonable power, and must be REVOCATION DEPENDENT RELATIVE REVOCAattached to the investment of funds entrusted to struck out. The principles upon which the court TION.- A testator executed his will at his solicitheir care, when they can have the guarantee of interferes to set aside family arrangements tor's office, and took it away with him. It was this company in addition to the security imme. stated : (Turner v. Collins, 25 L. T. Rep. N. S. 779. never seen afterwards, and could not be found diately offered, and consequently will resort to it." Chan.)
after his death in his repositories. He had made MISCELLANEOUS COMPANIES.
SLANDER OF WIFE CHASTITY SPECIAL declarations inconsistent with his testamentary Australian Agricultural. — Interim dividend, DAMAGE. - Declaration alleged that defendant had depositions shortly before his death, but the court 12s. 6d. per share.
spoken of the female plaintiff that she had connec. held that he, being the last custodian of the will, Hooper's Telegraph Works.— Dividend of 75. per she was injured in her character and reputation, revocation arose and was not rebutted. The court
tion with a certain man two years ago; whereby and it not being forthcoming, the presumption of share, or at the rate of 10 per cent. per annum.
Phospho-Guano.-Dividend declared on the a became alienated from and deprived of the cohabi- will not apply the principle of dependent relative capital for the half-year at the rate of 10 per cent. tation of her husband, lost and was deprived of the revocation except there is proof of the actual per annum, and a dividend on the B capital at the companionship, and ceased to receive the hospi: destruction of the instrument : (Homerton and rate of 5 per cent. per annum.
tality of divers friends, of whom her husband and another v. Hewett, 25 L. T. Rep. N. S. 854. South Cleveland Ironworks (Limited).- Capital three other persons were named: Held, upon de- Prob.) £200,000, in £20 shares. Owing to the death of murrer, that the declaration was good, the special JUDICIAL SEPARATION-PERMANENT ALIMONY Mr. William Watkin, the late proprietor, the damage being sufficient to sustain the action : -INCREASE OF Husband's Faculties.-A wife, buildings and property of the Esk Valley 'Iron Davies and Wife v. Solomon, 25 L. T. Rep. N. S. who had obtained an order for permanent alimony Works, at Grosmont, near Whitby, will be ac799. Q. B.)
on a decree of judicial separation being proquired. The lease of the 400 acres, upon which
PAPER NOT PLAINLY TESTAMENTARY- BE. nounced, applied for an increase, on the ground there are stated to be not less than 10,000,000 tons
QUEST IN PAST TENSE.-A testator commenced that the husband's faculties had increased. The of ironstone, has fifty-one years to run, and the his will thus : “ I have given all that I have to husband being absent in India, notice of motion vendors transfer the whole, and agree to erect two B. C. and her two sons” (minors), &c., and after was served on the solicitor who had acted for him large blast furrazes, with all modern appliances, bequeathing certain annuities appointed them his in the suit. The court held this notice to be inand to pay 8 per cent. interest during their con residuary legatees. Under the signatures of him- sufficient, and declined to make the order. Appli. struction, for the sum of £160,000. It is calcu. self and the attesting witnesses were the names cation was also made for an order on the husband lated that then the production will be 40,000 tons
of two persons nominated trustees ; Held, that to pay up the arrears of alimony, and, on the of pig per annum at a profit of £54,500.
the paper was testamentary, but that the appoint. representation that the India Office would enforce Westminster Palace Hotel.-Dividend at the
ment of trustees did not come within the terms of it in some way on the husband, who was an officer rate of 15 per cent. per annum declared.
Lord St. Leonards’ Act, and that they were not in the Indian army, the court made the order as MINING COMPANY.
therefore executors according to the tenor : (In prayed : (Louis v. Louis, 25 L. T. Rep. N. S. 856. Emma.-The third monthly interim dividend, at Prob.) the Goods of W. Coles, 25 L. T. Rep. N. S. 852. Div. Ct.)
No WILL FOP.THCOMING- ADMINISTRATION the rate of 18 per cent. per annum.
WILL EXECUTED UNDER POWER OF APPOINT. NEEDED TO PRESERVE THE ESTATE-Next of DIENT-SUBSEQUENT MARRIAGE-REVOCATION- KIN ABROAD.-A deceased was supposed to have
1 Vict. c. 26, s. 18.-By a deed of settlement exe. made a will, appointing his cousin bis executor, SOLICITORS' JOURNAL,
cuted between the deceased and her intended but at his death it could not be found. His
husband, certain property was conveyed to trus. brother, the sole next of kin, had been absent in NOTES OF NEW DECISIONS.
tees to pay the income to the deceased herself Australia for forty years, and a representative was DEBTOR AND CREDITOR-PROMISSOR Y NOTE-hand, then to him for life, if she should so appoint the debts, and to represent the deceased in a
during her life, and if she pre-deceased her hus. urgently needed to carry on the business, to collect INDORSEMENT—ACKNOWLEDGMENT-LORD TEN- by will, but not otherwise, and if she did not so chancery suit. The court made a grant al TERDEN's Act (9 GEO. 4, c. 14)-STATUTE OF appoint, then it was to go to the issue of the colligenda to the deceased's cousin for the use and LIMITATION.--In 1846 B. advanced to L. 5001., on marriage. The same day she made a will exercis- benefit of the next of kin, with special directions the security of a promissory note, payable to him. ing her power of appointment in favour of her in- to make certain payments : (In the Goods oj self or his wife. B. died in 1863 without having tended husband : Held that the will came within Tepper, 25 L. T. Rep. V. S. 853. Prob. Ct.) required payment of the note, and no steps were the exception of the Wills Act, and was not retaken in reference to it until 1866, when, on the voked by the subsequent marriage : (In the Goods
WILL-LEGACY-FAILURE OF OBJECT OF GIFT application of B.'s widow, L. altered the date on of Worthington, 25 Ľ. T. Rep. N. S. 853. Prob.)
- ABSOLUTE GIFT - SPECIAL CASE – NEWLYthe note from 1846 to 1866, and indorsed his name
BORN INFANTS.-A testator, by his will, directed on the back. B.'s widow died in 1868, and L.
MATRIMONIAL SUIT-WIFE's CostS REFUSED his trustees during the life of E. P., upon her in 1869. On a suit by the executor of B.'s widow for judicial separation, the wife failed to establish
-APPEAL-SECURITY FOR COSTS OF.-In a suit request in writing, and after her death at their and the derivative executor of B., against the
own discretion, to expend any sums of money out executor of L. to enforce payment of the note. brought against her husband, and the court re- purchase of any commissions for, or in obtaining
a charge of incestuous adultery which she had of his residuary estate not exceeding 6500!., in the Held, that there had been a suflicient acknow: fused to allow her the costs of the hearing, the promotion of, W. P. in the army. E. P. made ledgment within Lord Tenterden's Act, and that although security for them had been given in the a request in writing to the trustees to pay the the note was not barred by the Statute of Limi. tation : (Bourdine v. Greenwood, 25 L. T. Rep. tion was refused to cancel the bond given for gift had failed, in consequence of the abolition of
registry. Subsequently, in chambers, an applica whole sum of £6500 to W. P. The object of the N. S. 782. V.C. W.) MORTGAGE-Priority-NOTICE.-A. and B., rity for further costs to enable the wife to pro- entitled absolutely to the whole fund. The court
costs, and the husband was ordered to find secu- purchase in the army. Held, that W. P. was respectively the first and second mortgagees in fee sechte her appeal against the dismissal of her will dispense with the presence of infants who of an estate, were induced through the fraud and petition: (Jones v. Jones, 25 L. T. Rep. N. S. 856. have come into existence since a special case has misrepresentation of W., who acted as solicitor Div.) for them both, to execute to him a conveyance of
been set down, where there are other persons in the estate free from both the mortgage debts. The TRUST-FAILURES OF FIRST Trust WHEN ASCER Flower, 25 L. T. Rep. N. S. 816. V.C. B.)
Will— RESIDUARY BEQUEST SUBSTITUTED the same interest who are represented : (Palmer v. deed of conveyance was icdorsed with receipts in TAINED.-A testator left his residue in trust to COVENANT NOT TO SET UP A TRADE WITHIN A the ordinary form for the mortgage moneys, signed his two brothers for the benefit of any children CERTAIN DISTANCE-MODE OF ADMEASUREMENT by A. and B. respectively, though in reality no living at the time of his death, or born within due money was paid to A. or to B. W. then entered time after, with a gift over to two brothers on the do an act within a certain distance of a given
OF SUCH DISTANCE.—If a party covenants not to into possession of the estate, and acted as the failure of such trust being ascertained. There place, the proper mode of admeasurement is to owner, which he was reputed to be. Subsequently he executed an equitablo mortgage of the estate, denth, and it turned out that the widow was
not such distance ; or, in other words, to measure the
was no child living at the time of the testator's draw a circle round such place of the radius of by covenant and deposit of the title deeds, to C., enceinte. One of the brothers died a fortnight distance by a straight line upon a horizontal plane, who had no notice that the prior mortgages to A. after the testator. The court held that the failure and B. had not been in fact paid off. W. continued of the first trust was ascertained at the death of with the plaintiff, to whom he had sold a public
or as the crow flies. The defendant covenanted to pay interest on the mortgage debts due to A. the testator, and granted administration of his house, that he would not engage in the business and B. until his death, when the fraud was dis. estate with the will annexed to the executors of of the keeper of a public-house" within the discovered : Held (affirming the decision of Malins, the deceased trustee, the survivor having reV.C.) that C. was entitled to priority over A. and nounced: (In the Goods of Sidebottom, 25 L. T. mises :" Held (per Martin and Channell, B.B.);
tance of one half of a mile of the said preB.: (Hunter v. Walters; Darnell v. Hunter; Cur. Rep. N. S. 855. Prob.) ling v. Walters, 25 L. T. Rep. N. S. 765. Chan.)
that the distance should be measured upon the PRACTICE - REVIVOR
MATRIMONIAL SUIT — WIFE'S PETITION -Original Bill Of Revivor-A bill to revivo REFUSED. --Cruelty is a matrimonial offence which considered, and that in this case the distance SUPPLEMENTAL BILL CRUELTY-APPLICATION TO ADD NEW CHARGES that the subject matter of the covenant should be
principle above stated. Held (per Cleasby, B.), a gait which has become abated and defective by must essentially be within the wife's knowledge should be measured as a travelled distance from the marriage of one of the parties and the birth of when she files her petition, and the court, there the one house to the other : (Movilet v. Colé, 25 children should be an original bill, in the nature fore, will not allow her to add new charges to her 'L. T. Rep. N. S. 839. Ex.)
UNCLAIMED STOCK AND DIVIDENDS IN THE MILLS (John: Langham, Godstone, Surrey, yeoman. March RICHARDSON (Henry), Kingston - upon - Hull, gentleman. BANK OF ENGLAND. 23; C. Carter Morrison, solicitor, Reigate.
March 20: Lee and Thorney, solicitors, 10, Parliament. MOORE (John), 17, Ordnance-road, St. John's-wood. N.W., street, Hull. [Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons
gentleman, March, 1; Pawle and Fearon, solicitors, 11, Simpsos (Alexander), Brokenrolds, Netherdale-by-Tariff, New-inn, Strand, W.C.
Banff, N.B., schoolmaster. March 1; Roberts and Simp. respectively whose names are prefixed to each in three
MORGAN (Edward L.), 1, Westhill, and the Rose and Crown, son, solicitors, 62, Mocrats.street, E.C. months, unless other claimants sooner appear.]
High-street, Wandsworth, Surrey, licensed victualler, SMITH (Elizabeth, Burn, Brayton, York. April 1; A.
March 21; H. M. Pnillips, solicitor, 10, Old Jewry Cham: Bantoft, slicitor, Selbs. ALSTON (Edward), Esq., Fellow of St. John's College, ber, E.C.
TAYLOR (Mary Noah-hill, Romford, Essex. March 11; Oxford. 3511. 108. Three per Cent. Annuities. Claimant,
NICHOLL (Iltyd), Esq., The Ham, Glamorgan, March 3; Hillearys and Tunstall, so.icitors, 5, Fenchurch-buildings, Samuel Alston, G. W. Nicholl, The Ham, Glamorgan.
E.C. LAMOND (Wm. Okey), Stock Exchange, E.C., gentleman. PLUMLEY (Robert). Chillery, Pevensey, Sussex, farmer, Wallis (Hester), 79, Church-terrace. Camberwell, Surrey. 5777.'h. 5. New Three per Cent., and 711. 13x. 111. Re.
March 20; H. C. Sinnock, solicitor, Hailsham, Sussex. March 10; Boultoa and Sons, solicitors, 214, Northamptonduced Three per Cent. Annuities. Claimant, Cordelia PORTER (Joseph), sen., Shenfield-hall, Essex, farmer. March square, Clerkenwell. Lamond, widow, administratrix of William 0. Lamond, 9; R. B. Postans, solicitor, Brentwood,
WILLIAMS (Wm.), ,, Montague-place, Friarstile-road, Rich. deceased.
RENNIE (William), Bristol-road, Edgbaston, Birmingham. inond, Surrey, baker. Feb. 20; J. Godwin, solicitor, 11, WILLIAMS (Joshua), Esq., Lincoln's-inn, and WILLIAMS gentleman, Junel; Arnold and Son, solicitors, Biriningham. North-buildings, Finsbury, E.C. (Joshua Strange), Esq., of the saine place. One dividend in the sum of 43311. 68. jul. Three per Cent. Annuities. Claimant, said Joshua Williams. WILLIAMS Win. Owen), Cochrane-terrace, St. John's.wood,
MAGISTRATES' LAW. N.W., gentleman, DAVIES (Fanny), West-place, John's. row, St. Luke's, widow, and DAVIES Thos. Wm.), a minor. £5tis. d. Three per Cent. Annuities. Claimant, the said Fanny Davies, widow, the survivor.
1. OROUGH QUARTER SESSIONS. APPOINTMENTS UNDER THE JOINT-STOCK
What notice of
Clerk of the Peace.
appeal to be given. MILLVALL. IRON WORKS, SHIPBUILDING, AND GRAVING. DOCK COMPASY (LIMITED). - Creditors to send in by
Berwick-on-Tweed Friday, April 5
W.T. Greenhow, Esq... 5 days
S. Sanderson. Feb. 11, their names and addresses, and the particulars of
Wednesday, April 3.. J. Deedes, Esq.. their claims, and the names and addresses of their goli.
H. T. Sankey. Carmarthen
Wednesday, April 10 ...... cito's, if any, to J. Glex?, :, Moorgate-street, E.C., the
J. Johnes, Esq....
J. H. Barker. liquidator of the said company. Feb. 16, at twelve o'clock,
E. Titchener. at the chambers of V.C. M., is the time appointed for
F. F. Giraud, hearing and adjudicating upon such claims,
T. Heald. CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOY. BOFTEFEUR (Alexander), Esq., 45, Moscow-road, Bayswater, NOTES OF NEW DECISIONS. he remained until the 20th Jan, 1869, when he was Middle-X March 1; C. Few, solicitor, 2. Henriettastreet, Covent-garden, W.O. March 13; V.C. B., at twelve ENDOWED SCHOOLS Act — UNIVERSITY Ex. again admitted into the respondents' workhouse. o'clock.
HIBITIONS — - CONSTRUCTION. – A., by his will, Held, that, independently of the exception by COCHRASE (Wm. M.), Nottingham. March 99; Ward and Co., 1, Gray's-inn-square, Middlesex. April 10; V.C.W.,
in 1712, after bequeathing a certain portion 9 & 10 Vict. c. 66, s. 1, of time spent in a hospital, at one o'clock.
of his property to trustees to provide annual the pauper had a constructive residence in reCooper Robert), 112: Spencer-street, Goswell-road, Middle exhibitions for scholars of Jesus College, Ox. spondents' union during his tempírury absence,
sex, JohnsonBedfordrow, W.O. Feh. 97; M.R., at eleven o'clock.
ford, to be selected from the principality although he had no specific lodging or house to FETCHER
(Chas. B.), 15. Stratford-place. Camden-town, of Wales, and to be resident at the college, return to, and therefore his status of irremovN.W.. gentleman. Feb a; e . Robinson, kolicitor: left the residue of his estate for the purchase of ability was not destroyed, and an order for his 33. Lincola's-inn-fields, W.C. March 9; M.Releven o'clock.
advowsons to be held by the exhibitioners, and to removal to the place of his last legal settlement GOORD Wm., Fletching, Sussex, yeoman, Feb. 21; A. which the governing body of the college were to
was bad : (Guildford Union v. St. Olave's Union, Hastje, solicitor, East Grinstead. Feb. 2; V.C.W., ai have the right of presentation. The exhibitions 25 L. T. Rep. N. $. 803. Q. B.) one o'clock. were provided for, and the residue of the estate
OF Mary E.), 13. Sussex-square, Hyre. park, W.
OWNERSHIP. March 1: Pritcharil and Sons, solicitors, Lydiarth, Esgol; had been applied by the governing body of the Prisoner was charged with stealing a, mare, the Anglesey, March 10; M.R., at twelve o'clock.
The evidence was that proseGRAY Oren), Fisherton Hou e, near Salisbury. Feb. 20; college in the purthase of livings which were held property of E.
R. Dawbarn, solicitor, I«lo of Ely, Cambridge.' March?; by former exhibitioners : Held, that the Endowed cutor, in the presence of the prisoner, agreed to V.C.M., at twelve o clock.
Schools Commissioners had, for the purposes of a buy of W. a mare for £5, and that W. assented to HAXHILL, Lieut. Col. Thomas C.), Castle House, Snaros. brook, E-sex. March 7; C. J. Dimond, solicitor, 10, Hen: scheme, power under the Endowed Schools Act take a cheque for the £5. The prosecutor after. Tietta street, Carenulish-square, Middiesex. March 11; 1869, to call upon the college to furnish informa. wards sent prisoner tɔ W. with the cheque, and V.C. B., at twelve o'clock. HAMILTON (Risht Hon. Geo. A., 65, Warwick-square. tion as to the endowment: (Re The Meyrut Fund, directions to take the maro to Bramshot Farm. Middlesex, and Hampden-hall. Baibriygan, Dublin. Feb: 25 L. T. Rep. N. S. 787. V.C. W.)
On the next day prisoner sold a mare to S., which # Fetherston and Son, solicitors, 21, Wellington Quay,
he said he had bought for £5. Before the magis. Dublin. March 21; M. R. at his Chambers at Dublin at
RIGHT OF OWNER OF COMMON LAND DEDI.
trate he said he sold the mare to S., with the eleren o'clock.
CATED TO THE PUBLIC-ACCESS TO PROPERTY. Markus Whet shed 6.; Madras, East Indies, a maior and The owner of land, who dedicates a portion of it intention of giving the money to E., but that he
breret-colonel in ' Indian Force, Presidency. March 11 ; Brooks and Co., solicitors, 7. Godliman-street, to public use as a highway, parts with no other got drunk : Held, that that was snfficient evidence
on which a jury might find that the mare sold to Doctors Commons, E.C. "'March 25; V.C. W., at twelve right than a right of passage to the public over the o'clock.
S. was the property of E. : (Reg. v. King, 25 L. T. LLEWELLIN, David), Holden-terrace, Backingham Palace. land so dedicated, and may exercise all other end Middlesex, gentleman. Nareh . Hilder, solicitor; rights of ownership not inconsistent therewith; Rep. N. S. 851. Cr. Cas. Res.) 35, Jermyn-street, St. James's, Middlesex. March 13; and the appropriation made to and adopted by the EXPRESS PROVISION FOR SETTLEMENT OF Dis.
SUMMARY JURISDICTION-CLAIM OF RIGHTV.C. B., at twelve o'clock. MATTHEWS (John), 11, Old Burlington-street, and 39, Savile public of a part of the street to one kind of
PUTES.-A private Act of Parliament, incorporrow; Middlesex, and Trinity-road, Upper Tooting, Surrey, passage, and of another part to another, does not woollen draper. Feb. 27; G. F.' Cooke, solicitor, 3, Ser: deprive him of any rights, as owner of the land,
ating a bridge company, and enabling them to take jeant's-inn, Chancery-lane, E.C. March 11; V.C. M,, at
certain maximum toils, which the company by Iselve o'clock.
which are not inconsistent with the right of resolution might diminish and alter, provided for PENSEY (Wm. P.), 'Esq.,, Westbourne-villa, Finchley-rond, passage by the public. The provisions of the My dumtham March Johnson and Masters, solicitor Highway Ắct and the Metropolis Local Manage the settlement of dispated tolls by a justice, by 19, , ChanceryMarch
way of arbitration. By a subsequent section, if 3 V.C. W., at noon.
ment Act, so far as they apply to roads or streets, SPITTLE (John, West Bromwich, Staffs., coal master. Feb. W.H. Phillips, solicitor, Wolverhampton. March 8; by the owner. Where, on a summons against the authorised to do by virtue of the Act or resolu: are subordinate to the paramount rights reserved | any collector should demand or take a greater or
less toll from any person than he should be M. R., at eleven o'clock. TINKLER Wm., Esq., Putney. Surrey. March 1; T. M. respondent under the Highway Act for doing tions under it, or should demand or take a toll Cross, solicitor, 17, Carlisle-street, Soho-square, Middlesex. damage to a highway, it appeared that the reMarch 6; V.C. W., at twelve o'clock.
from a person exempt from the payment thereof, WALICHA... Ashorl. Kenek: March 5: R. Farley, spondent, the owner, and occupier of premises he was to forfeit a sum less than £5 upon an solicitor, Ashford. March 12; V.C. W., at twelve o'clock.
adjoining a public highway, used the premises for information before justices. The respondent, a
the deposit of heavy machinery, which he conveyed CREDITORS UNDER 22 & 23 Vict. c. 35. to and from the premises across the flagged pave of tolls, upon demand, a toll the second time the
foot passenger, paid the appellant, the collector Last day of Claim, and to whom Particulars to be sent. ment or footway in front of them, in trolleys or
same day, and laid an information before justices ALLAS Thos., Buenos Ayres, Sonth America, engineer. waggons which injured the pavement, and it was
against the appellant for demanding it. There March 1, Peacock and Co., solicitors, 7, Union-court, found by the magistrate that the premises in Castle-street, Liverpool.
was no exomption in the Act upon a passenger's question could not be reasonably enjoyed without BAILEY (John H.), White Notley, Essex, clerk. March 9
crossing the bridge a second time in the same day; R. B. Postans, solicitor, Brentwood, Essex.
access across the footway, and that the rights of BANSERXAN (Heary), Esq., Hunton-court, Hunton, Kent. ownership and those of the public might be jointly
but it was admitted that from the passing of the Anne Monckton and Son, solicitors, 72, King-street, exercised consistently with the general welfare, it ! Act, forty years before, until this demand, no Maidstone
passenger had ever paid under such circumstances. CBDLEY (John), Lanrel-road, Fairfield, near Liverpool, was held that the magistrate was not bound to
No resolution, however, was in existence. The snice merchant. Aprill; Keighley and Banning, solicitors, convict, and was justified in dismissing the sum. 20) Castle.street, Liverpool.
justices convicted, notwithstanding the appellant's DESTY Walter C.), M.R.C.S., 25, Suffolk-street. Pall-Mall, mons : (The Vestry of St. Maryl, Newington, v.
assertion of a binî fide claim of right. Held, Mid de ex. March 15; McLeod and Watney, solicitors, 10; Jacobs, 25 L. T. Rep. N. S. 800. Q. B.)
upon a case stated by the justices, that as there London-street, Fenchurch-street, E.C. DINYERY Thor, Wanstell, Berkeley, Gloncester, labourer.
LARCENY-STEALING GOODS OF A PARTNER.
was a particular provision in the Act for the March 21; B. Bonnor, solicitor, Gloucester. SHIP-INDICTMENT.-An indictment framed upon
settlement of such a dispute, the information FARMER (Thos., Southgate, Edmonton, Middlesex, gentle the 31 & 32 Vict. c. 116, s. 1, alleged that B. was a man. April 2; Miles and Co., solicitors, Bank-street, member of a co-partnership consisting of B. and
onght to have been dismissed ; also that the fact Leicester.
of forty years' practice, although evidence of exGHAHAM Marg'. Erskinc-street, Liverpool. April 2; J. L., and that B., then being a member of the same, emption, was not conclusive: (Dicon v. Cockett,
Quinn, solicitor, ?, Lord-street, Liverpool.
25 L. T. Rep. N. S. 826. Q. B.) ampion. March 2; Stead and Co. solicitors, "Romsey, said co-partnership, feloniously did steal, &c., con.
Poor LAW-UNION EXTENDING INTO SEVERAL trary to the statute : Held that the indictment JURISDICTIONS-COURT OF APPEAL FROM JENKINS (Thor.), Ivybush, Prendergast, Pembroke, former and dealer in raj. March 1; J. W. Phillips, solicitor, ously:" (Reg. v. Butterworth, 25 L. T. Rep. N. S. Law Amendment Act 1867, where a union ex was not bad for introducing the word “ feloni.
ORDER OF REMOVAL.-By sect. 27 of the Poor . JEKKISON Rev. John $.: 24, Spencer-road, New Wands. 850. Cr. Cas. Res. worth, Surrey. Jarch 1; Nicholl and Co., solicitors, 8,
tends into several distinct jurisdictions, every Howard.street, Strand, W.C.
Poor LAW--REMOVAL-STATUS OF IRREMOV. matter, act, charge, or complaint by which tho JOSE Anthony), Liverpool, wholesnle grocer. April 1; Keightley and Banning, solicitors, 20, Castle-street, Liver- lived in the respondent's union before the 25th
ABILITY-RESIDENCE IN A HOSPITAL.-A pauper guardians thereof are affected or in which they pool.
have any interest, shall for the purpose of jurisJosex (Lucy), Arley-house, Litherland, near Liverpool. March · 1867 long enough to obtain a status of diction be deemed to arise or cxist equally April 1: Keightley and Banning, solicitors, 20, Castle-street, irremovability. On that day he was admitted into throughout the union :" Held, that the appellate
. MALLINSON (George), Huddersfield, cloth merchant, Feb. the respondents' workhouse, and he remained there jurisdiction from an order of removal under this 3: Brooke and Co., solicitors, New-street, Hudder field. until the 27th Aug. 1868, when he voluntarily took section is the same as that under which the order MARTIN (Flward, Esq., Battle, Sussex. :March 25; Horace his discharge, and on the same day became an
is made ; and it does not depend upon the place Martin, Ba MSEL David), 12, Anzel-court. Throgmorton-street, E.C., | inmate of a hospital in another union. On the from which the removal is ordered: (Dwelley Union broker. March 1: 1Inches and Suns, solicitors, 12, Chapolol and took a lodging in the respondents' union, where 829. Q. B.) and Hollybank, Hornseyelane, Middlesex, stock and share 31st Dec. 1868 he was discharged from the hospital, v. Wolverhampton Union, 25 L. T. Rep. N. S. street, Bedford-row, W.C.