« EelmineJätka »
petition under the 23rd section of the Divorce Act. | Liverpool, who seized them on suspicion that they have been made in reference to the remuneration This was the first petition of the kind ever pre- were to be used in the service of the Cuban in. of the law officers of the Crown; whether, if it sented to the court.
surgents. The Secretary of State ordered their has been correctly stated that they are in future Searle moved that the damages might be assessed release on Feb. 7, without issuing his warrant to be paid by fixed salaries, he will inform the by a common jury.
stating that there was reasonable and probable House from what fund the salaries are to be proThe COURT made the order. cause for the detention.
vided, and to what purpose the foes they have
Milward, Q.C., Clarkson,and Goldney, in support previously received will be devoted ; and, whether RAVENSFORD v. RAVENSFORD, SMITH AND
of the motion, contended (in reply to Archibald the Government either has attempted or will WITHEY (QUEEN'S PROCTOR INTERVENING).
for the Crown, who submitted that he should attempt to introduce any changes into the present
have time to answer the affidavits, and that the system, under which it is possible for the law Matrimonial suit-Decree nisi with costs and question of liability should be raised upon peti. officers of the Crown to devote nearly the whole
damages against the co-respondent queen's tion) that sect. 24 precluded the Crown from of their time to private practice.---Mr. GLAD. Proctor's intervention-Husband found guilty going into the merits of the case, and gave a
STCNE. I cannot pretend to enter into sufficient of profligate adultery-Decree reversell and co- remedy in a summary way,” and that motion detail to give a satisfactory answer to the first respondent relieved from the paymenl of costs upon affidavit was the summary way intended, two branches of the question of the hon. member.
and damages—20 & 21 Vict. cap. 85, 88. 51, 52. and that the Crown could not be allowed to The new arrangements will involve the salaries This was originally a husband's suit for a disso.
answer in any way, as the Secretary of State, by being voted annually in the estimates. The House lution of his marriage on the ground of his wife's releasing the ship without issuing the warrant, will be asked to vote the salary of the Solicitor. adultery. At the trial a special jury found all the himself found that there was no good cause for General for Ireland for the present year. It is issues in his favour, and assessed the damages the detention.
true that the new arrangement has been made, against one of the co-respondents at £100. The
and it will result in a saving to the public. The court pronounced a decree nisi, and condemned
The Court held that the question was properly Government have not made, nor havo they atthe co-respondent in costs. The Queen's Proctor
raised upon motion, supported by affidavit, but tempted to make, any change in the present intervened and charged the petitioner with adul. that the question of law as to the liability of the system with regard to the private business of the tery, connivance and collusion. At the trial a
Crown must be raised, and, therefore, that the gentlemen referred to. (Hear.) special jury found the petitioner guilty of adul. Crown were entitled to have time to answer the THE TRANSLATION OF SIR R. COLLIER. tery, which was of a very profligate character. affidavits.
Mr. Cross moved his Vote of Censure on the The court ordered the question to stand over in order that the petitioner might show cause why clitje.
Solicitors for the appellants, Gregory and Row appointment, declaring that it is a violation of
the intention of the Statute and of all evil example that part of the decree condemning the co-re. Proctor for tho Crown, The Queen's Proctor. in the administration of judicial patronage. At spondent in costs and damages should not be
the outset he stated that he did not intend to reversed. Dr. Deane, Q.C., and Dr. Swabey now applied
question Sir Robert Collier's fitness except for that that part of the decree might not be reversed,
LEGISLATION AND JURIS
this particular promotion, nor the actual legality
of the appointment. He maintained that, whereas and that the petitioner might have his costs and
everybody believed the Act to provide a safeguard damages. They cited Bremner v. Biemner and
for the qualifications and judicial experience of Brett (3 S. & T. 378; and Bromley v. Wallace (4 Esp. 232.)
HOUSE OF COMMONS.
the persons promoted, without which Parliament Dr. Spinks, contra, for the co-respondent.
Monday, Feb. 19.
would not have passed the Act, the Government
had broken faith with Parliament by doing away The Court held that the husband's conduct dis.
THE LAW OF BAKRUPTCY IN IRELAND. with that safeguard. Tracing the history of the entitled him to the costs and damages, oversed In auswer to Mr. Pim--The ATTORNEY.GENE- Judicial Committee from its first foundation, and the decree nisi and dismissed the petition.
RAL for IRELAND said that there would be no through the various changes in its constitution,
delay on the part of the Government in intro- and dwelling specially on the Bill of 1870, he Monday, Feb. 19.
ducing a Bill to amend the law of bankruptcy in maintained that Parliament had always pro
1 ounced against elevating practising barristers
THE AMENDMENT OF THE HIGHWAY ACT. to the Judicial Committee. The intention of the Matrimonial suit-Death of lusban.l—Dismissa? oj petition-Payment oj costs by executor of hus' State for the Home Department whether it was Mr. S. SACKVILLE asked the Under Secretary of Act of last year was not to change the qualification
of the persons selected, but simply to provide bind. This was a wife's petition for a jndicial separa
his intention during the present session to intro. salaries which would induce certuin memhers of tion, but since the filing of the petition the hus. duce any measure to amend the Highway Act in the committee to attend moro regularly. As was band had died.
accordance with the special report of the Select shown by the language, which he quoted, of Sir G. Browne, on behalf of the wife, moved that Committee on Turnpike Trusts Bill 1867.--Mr. Robert Collier and other raembers of the Govern. the petition be dismissed, and that the executor WINTERBOTHAM said that, in consequence of ment, the Government meant that the persons
selected should have the special qualifications who was a co-obligee of the bond securing the other anticipated legislation, no measure such as wife's costs-might be ordered to pay the costs.
that referred to by the hon. member would be montioned in the statute. Moreover, from their He cited Hall v. Hall (3 Sva. & Tr. 390). introduced by the Government during the present contended that the Government knew they were
acts under the statute, which he referred to, he The COURT..-The bond is only for the costs of session.
wrong in appointing Sir R. Collier, and that he the hearing, and there has been no hearing.
COUNTY COURT JUDGES.
himself knew it was wrong, the only point on Snith, on behalf of the executor, consented to
Mr. TREVELYAN asked the First Lord of the which he found fault with Sir R. Collier being the motion, on condition that his solicitor might Treasury whether it was the intention of the that he had offered himself to the LORD CHAN. be at liberty to attend the taxation. Government to fill up the vacancy caused by the
Canvassing next the terms of the recently announced resignation of a County Court umendment, he challengel Sir Roundell Palmer, judge until the report of the Judicature Com.
or any one else, to ask Parliament to approve ADMIRALTY COURT.
mittee has been made public.-:--Mr. GLADSTONE the appointment, and wound up by comparing Tuesday, Feb. 20.
said he understood that the business of the County the transaction to the Royal Warrant of last THE HEINRICH.
Court at Liverpool was very heavy, more heavy year, the Ewelme Rectory affair, and other Solicitor's lien upon proceeds in court– Necessaries single judge, there being now two judges actually the motion, characterising the appointment as a than t) admit of its being disposed of by one
acts of arbitrary power:
Mr.GOLDNEY seconded - Priority, This was a motion made on behalf of a solicitor engaged upon it. He was not giving a positive revival of the dispensing power, and contending for the payment of his costs out of the proceeds of opinion on the matter, but only reporting the in. that the Government was bound to regard the the sale of the ship lying in the registry. The formation he had received from those who were qualifications prescribed by the Act, or else to ask Heinrich was arrested at the suit of the owners of
well acquainted with the subject. He could not Parliament to repeal them.- -Sir ROUNDELL her cargo for non-delivery, and the cause was
say that the office would not be filled up, but it Palmer moved, as an amendment, that the House heard in the Court of Admiralty and defended by what other changes might be properly made in Replying, first to the criticisms on the language would not be fillud up without consideration as to
sees no just cause for censure in the appointment. the solicitor, and the Heinrich was dismissed froin
thoso arrangements. The intention was to see of his amendment, Sir Ronndell said he should the suit: (see 24 L. T. Rep. N. S. 914.) The court
whether it was possible to effect some adjustment consider it a just cause of censure if the Govern. gave the solicitor, on application under the Attor. neys and Solicitors Act 23 & 24 Vict. c. 27, s. 28), of districts which might lead to improved ar.
ment had violated the Act in its substance or in a lien npon the ship for his costs
. The Henirich rangements for the transaction of that business. its letter, if they had broken faith with Parliament, was sold in another suit. Necessaries had been He hoped it would not be necessary tlut there if they had exercised legal powers for a wrong supplied to the Heinrich both before and after the should be any delay in the matter.
purpose, or if they had appointed an incompetent institution of the suit of the owners of cargo. MUNICIPAL CORPORATIONS (BOROUGH FUNDS) person. But he denied that they had committed The material men having obtained decrees in their
any one of these offences, and, though there inight suits, contended that they had a maritime lien on
Mr. LEEMAN obtained leave to bring in a Bill to have been indiscretion and a wrong view of the the proceeds, and therefore priority over the authorise the application of funds of municipal statute, there was no canse for Parliamentary
Sir Roundell admitted that judicial Clarkson, for the solicitor, in support of the land and Wales in certain cases. corporations and other governing bodies in Eng. censure.
qualitication had always been associated in his motion.
mind with those appointments, and that at first he Bayford for material men.
ha l doubted whether the Government would fiud Shepherd for other material men.
On the motion of Sir COLMAN O'LOGHLEN leave the appointment consistent with the statute. But The Court held that the solicitor was entitled was given to introduce a Bill to repeal an Act when it came to a matter of Parliamentary censure, to take priority over all claims for necessaries passed in the Parliament of Ireland in 1541, the test must not be any man's private idea of the supplied after the institution of the cause by the requiring attendance at one of the Inns of Court meaning of the statute, but the statut itself. owners of cargo, but not for such as were sup in England as a necessary qualification for admis. Then, discussing the statuto, Sir Rondell denied plied before. sion to the Irish Bar.
that judicial experience was einbodied in it as a Solicitors for the motion, Gregory and Rowcliffe.
BANKRUPTCY (IRELAND) BILL.
qualification for those appointments ;, it was Solicitors for the material men, Field and Sumner'; Clarkson, Son, and Greenwell.
The ATTORNEY-GENERAL for IRELAND obtained judicial status alone which was roqnired. More. leave to introduce Bills " for the amendment of ovor, judicial experienco had never boen re. the law of bankruptvy in Ireland ;” and auother Court. Under the old system, the Vice-Chan.
quired as a qualification for tio' Appellate THE GREAT NORTHERN AND THE MIDLAND.
* for the abolition of imprisonment for debt in cellors became members of the Judicial Com. Forzim Enlistment Act 1870, s. 24--Arrest and Ireland, and for the punishment of fraudulent mitteo when they were raised to the Bench. Lord detention of ship-Motion for costs and damages debtors and for other purposes relating thereto.” Cairns, Sir J. Rolt, Sir J. Selwyn, and
Lord Justice -Practice.
THE REMUNERATION OF LAW OFFICERS OF THE Mellish had been sent to the Court of Appeal This was a motion upon affidavits to recove
straight from the Bar, and Lord Kingsdown never costs and damages under the Foreign Enlistment Mr. FAWCETT.--I beg to ask the First Lord of had any judicial experience at all. Proceeding Act 1870, s. 24, in respect of the detention of the the 'Treasury whether it is true, as reported in the next to deal with the assertion of the resolution, above vessels by the collector of customs at public journals, that certain new arrangements that the appointment was a violation of the spirit
BAR OF IRELAND.
and intention of the statute, Sir Roundell ex. l inferred that the motion was not only a party “ take proper precautions” for the security of the pounded at length, with many quotations from motion, but a personal motion, from the hands in ballot papers, and place them under his own seal Story, Lord Brougham, and Lord Cranworth and which it had been placed.- -Mr. HARDY, after and the seal of such of the agents as desire to affix others, the rules for construing statutes, and gome observations in defence of the Lord Chief their seals. The exact details are obviously of maintained that Parliament would not be justified Justice, argued that the Government by its con- the essence of the Bill, but the following general in going outside of the statute for the purpose of duct had shown its sense that limitations had sketch of the scheme for Parliamentary elections passing a
As to tie simultaneous / been imposed on their choice, and it was clear that may be acceptable :- The "time appointed for the appointment to the Common Pleas and the Privy the Lord Chancellor would have gone on appeal. election” is to be two hours between 10 a.m. and Council, he admitted that if it were done wan ing to the judges if Mr. Gladstone had not sug. 3 p.m., and during that time the returning officer tonly and capriciously, and over and over again, gested to him a way out of the limitations. But “shall attend at the place of election, and candihe would not defend it. But this objection of if limitations could thus be got rid of by the dates may be nominated in writing by two regiscumulation could only apply if the man appointed executive at their will he agreed that the " distered electors as proposer and seconder, but eight were unfit for the first place to which he was pensing power” was revived. Recent experience other registered electors must sign the nomination appointed, or if, according to the true intention ---the presentation to the rectory of Ewelme, for paper as assenting to the nomination. The paper of the Act, judical experience was necessary. instance-made him very apprehensive as to Mr. is to be delivered to the returning officer during The Government, he asserted, might legally ap. Gladstone's dealings with Acts of Parliament, that time by the candidate, or his proposer or point a man to a post if he were fit before he had and disclaiming party motives, he urged the House seconder, and during taat time a candidate may the qualification, provided they intended, and to adopt the resolution for the protection of the withdraw by giving a written notice to the effect were able to give him, the qualification. Sir la.V.--Mr. GLADSTONE reminded the House that to the returning officer. The candidates and their Robert Collier was fit to be made a Judge of the this was a judicial motion, and protested therefore proposers and seconders, and no other person Common Pleas, and the Queen made him; he against the introduction of irrelevant topics, (except to assist the returning officer), will be then was qualified for the Judicial Committee, and for the sake of prejudice, such as the recentitled to attend the proceedings during the time the Queen promoted him. The process was right, tory of Ewelme. He complained of the am- appointed for the election. If there is to be a poll because the end was right, and the means legal. biguity of the resolution, for if it was the returning officer is to give public notice of the With regard to the Indian qualification, however, mere error or misconstruction of statute candidates, and the names of their nominators, Şir Roundell admitted that to have made a man the extinction of the Government was too and of the order in which the names of the candian Indian Chief Justice not to go to India, but severe
a punishment. But he accepted the dates will be printed in the ballot paper. The merely to qualify him, would have been objec. charge as much more serious—the knowing and ballot paper is to contain an alphabetical list of tionable. Finally, he vindicated the motives wilful violation of a statute--and if he had been the candidates, with space opposite each name for of the Government, which, whether they had guilty of that, he should deserve not merely, ex- the voter to make a mark against the names of made a mistake or not, did not deserve Parlia Clusion from office, but from Parliament altogether. I the candidates voted for. A paper of directions mentary censure; and touching on the results In discussing this charge he pointed out the ad. is to be placarded outside (and in every compartwhich must follow the adoption of the motion, missions made in debate-that the statute had ment of) every polling station. The directions he pointed to the consequences to Sir R. Collier, been obeyed and that a competent man had been are as follows :and the danger of lowering the dignity and use appointed-in fact, a more than competent man,
“The voter may vote for candidates. fulness of the office. Mr. GOLDSMID seconded looking to the presumptive right of an Attorney
“ The voter will go into one of the compartthe amendment, and Mr. S. Hill spoke in favour General. He added that, before taking any public ments, and, with the pencil provided in the com. of the motion. - Mr. Watkin WILLIAMS, speak. steps towards appointing Sir R. Collier, the partment, place a [insert cross, line, or tick,' ing from the Liberal benches, regretted that the Government had applied unsuccessfully to three or otherwise, stating kind of mark] on the right. Ministerial explanation had confirmed his first im- Judges, and without such a resource as Sir R. hand side, opposite the name of each candidate pression—that the Government had deliberately Collier' would have been brought into serious for whom he votes, as is shown in the example of violated and strained the declared intention of the practical difficulty, having regard to the dignity of the ballot paper csntained in this notice, Legislature in order to extricate themselves from the office. This, however, he admitted, did not
“ The voter will then fold up the ballot paper a fancied practical difficnlty. According to all the justify them in violating a statuto: but this, he
so as to show the official mark on the back, and, rules governing the interpretation of statutes, maintained, they had not done. There was no leaving the compartment, will, without showing from which he quoted Puffendorf and Grotius- dispute as to the letter of the statute ; it was
the front of the paper to any person, show the judicial experience was required.- -Mr. Serjt. merely somebody's idea of the intention of official mark to the presiding officer, and then, in SIMON, on the contrary, maintained that the spirit the statnte which the Government was accused the presence of the presiding officer, put the paper of the Act included no reference to judicial ex. of violating. The theory of the statute on which into the ballot box, and forthwith quit the polling perience; while Mr. CHARLEY supported the the Governinent acted was that the qualifica station, motion. The LORD Advocate asked whether tion was judicial statns, and that judicial experi.
“ If the voter inadvertently spoils a ballot paper he complaint and the occasion were worthy of ence was merely an element among others. That he can return it to the officer, who will, if satisfied the attention of Parliament. No imputation of was the plain meaning of the Act, according to the of such inadvertency, give him another paper. jobbery and corruption had ever been advanced, only safe mode of construing statutes, and the
“ If the voter votes for more than candidates, the legaltty of the transaction was admitted, and burden of proof to the contrary lay on Mr. Cross.
or places any mark on the paper by which he may Sir R. Collier's fitness was not denied. At some He confessed that the Governinent did not antici. be afterwards identified, his ballot paper will be length and amid many signs of impatience the nate the stir which the affair had made. If they void and will not be counted. Lord Advocate went on to argue that Sir R. ) had it would have been foolish to provoke it. But “ If the voter takes a ballot paper out of the Collier's qualification was not merely colourable, was ever capital punishment inflicted on a Govern. polling station, or deposits in the ballot-box any but was consonant with the intention of the Act ment for so slender a crime, especially as it was other paper than the one given himn by the officer, in the broadest sense.- -Mr. DENMAN, who sup- admitted that the statute had been obeyed, and he will be guilty of a misdemeanour, and be subported the Vote of Censure from the Liberal the public interest not injured, and that consider-ject to imprisonment for any term not exceeding benches, prefaced his reasons by some references able practical difficulties had occurred ? Finally. two years, with or without hard labour. to his personal position. He had been pressed by he (Mr. Gladstone) urged the consequences of
“Note.-These directions shall be illustrated by his friends not to speak or vote lest it should be an adverse vote to Sir R. Collier, and still more examples of the ballot paper, and may be altered ascribed to disappointment, but he held it to be to the relations between the judges and the Legis- or added to if the returning officer thinks it desi. the basest cowardice to prefer interest to daty, lature, and impressed on the House the danger of rable.", and to refrain from doing right from fear of passing legislative condemnations on fanciful
On the application of any voter "incapacitated wrong motives being attributed. For many interpretations of the intentions of statutes.-- by blindness or other physical cause" from voting sessions he had been Mr. Gladstone's zealous Lord Elcho supported the motion. On a divi- in this manner, the presiding officer will cause the supporter, and for this he appealed to the former sion, it was negatived by a majority of 27–268 to vote to be secrətly marked on a ballot paper as experience of the Speaker. The Lord Chancellor, 241, Sir Roundell Palmer's amendment was then directed by the voter, and to be placed in the he insisted, had been guilty of a grave dereliction agreed to.
ballot box. There is to be at least one compartof duty, and if not actually censured, it ought
ment for every 150 electors entitled to vote at the to be understood to be censured, lest it should
polling station. Just before the commencement become a precedent tofuture high-handed Govern.
THE BALLOT BILL.
of the poll the presiding officer is to lock and seal ments with a majority behind them. He did not The Government Bill " to amend the law relating the ballot box, first showing it to be empty in the admit, as some supporters of the motion had, the to procedure at Parliamentary and municipal sight of the agents of the candidates present. legality of the act. At any rate, Parliament had elections has been printed. It contains twenty. The ballot paper is to be delivered to the voter a right to say that an act was a violation of the eight clauses, and is divided into three parts. within the polling station, and on such delivery spirit of the statuto, if it was contrary to the in- Part 1 relates to Parliamentary elections, and the name and description of the elector are to be tention of Parliament when it passed the statute. comprises eighteen sections, classed as follows :- called out and a mark placed in the register against He reviewed at length the history of the Act and Procedure at elections ; offences at clections: his number, to denote that he has received a ballot the speeches of the Lord Chancellor and Sir R. amendment of the law; duties of returning and paper. If a person representing himself to be a Collier to show that it was always contemplated plection officers ; miscellaneous ; application to particular elector applies for a ballot paper after that the selection should be from a limited class, Scotland ; anplication to Ireland. Part 2 relates another person has voted as such elector, the and that there should be judicial experience. As to municipal elections, and comprises four sec- applicant'shall
, upon dnly answering the questions one negative proof of this he mentioned that when tions. Part 3 contains miscellaneons provisions, and taking the oath permitted by law to be asked the Bill was in committee he had been asked to chiefly definitions of terms used. The schedules of, and to be administered to, voters at the time move a clanse making Attorney-Generals and ex- are longer than the Bill. The method is adopted of polling, be entitled to mark a ballot paper in Attorney Generals eligible, and it was suggested of placing “Rules for Elections" in a schedule. tho same manner as any other voter, but the ballot to him that Sir Roundell Palmer thought this The draughtsman, however, has retnined some in paper (called a tendered ballot paper) shall be of a ought to be done., (Sir Ronndell Palmer here in the Bill. For instance, the Bill nrovides in the colour differing from the other ballot papers, and, terposed, and said such a thin: had never entered body of it that " after the close of the poll” the instead of being put into the ballot box, shall be his mind.) Examining the various excuses ballot boxes shall be sealed up and taken charge given to the presiding officer and endorsed by him offered for the Government, Mr. Denman of by the returning officer, and ho, in the pro. with the name of the voter and his number in the said he knew of two Judges, old Liberal sence of the candidatos' agents in attendance, register of voters, and set aside in a separate packet, M.P.s, and one of whom had been Soli. is to open them and count the votes given to and shall not be counted by the returning officer. citor-General, who were much hurt that no each candidate, and forthwith declare what can. The candidates may appoint agents to attend the offer had been made to them, and also that no didates are elected. Afterwards the schedule counting of the votes. Before they are counted offer had been made to any of the Queen's Bench provides that the returning officer is to "make the ballot papers in all the ballot boxes are to be Judges. Discerning in recent acts a disposition arrangements for counting the votes, as soon as mixed togother. The returning officer may, in on the part of the Government to break down practicable after the close of the poll,” and give addition to clerks, appoint competent persons to some of the securities for liberty involved in the notice to the agents: and so far as practicable assist him in counting the votes. Ho is to give independence of the courts of justice, he urged he is to proceed continuously with counting the public notice as soon as possible of the result, and the
ouse to mark its sense of the appointment votes, allowing only time for refreshment, and the number of votes for each candidate. If there in a mannor which would prevent its repetition. excluding (except so far as he and the agents is "a tie," he may, if a registered elector, give
Mr. CRAUFURD maintained that the appoint otherwise agree) the hours between seven p.m. and his vote, but shall not in any other case be entitled ment was within the purview of the statute, and 'nine a.m. During the excluded time he is to' to vote at an election for which he is returning
officer. He is to forward to the Clerk of the COPYRIGHT IN A SONG-INFRINGEMENT OF- CREDITORS UNDER 22 & 23 Vict. c. 35. Crown in Chancery the counted papers, the re- ACTION FOR—5 & 6 VICT. C. 45, ss. 2, 11, 24- Last day of Claim, and to whoir Particulars to be sent, jected, the “ tendered," and the unused, and the · BOOK"-"DRAMATIC PIECE" DEFINITION BOWDEN (Clara V.), Butt Ash Cottage, Widicombe and inarked registers. At the expiration of a year AND DISTINCTION BETWEEN - - PUBLICATION- Lyncombe, Somerset. March 25; Yourg and Co., solici. the Clerk of the Crown is to destroy all the docu- REGISTRATION
tors, 6, Frederick’s-place, Old Jowry, E.C.
BRODIGAN (Francis), Esq., Piltown House, Drogheda, ments unless otherwise ordered by the House of ENTERTAINMENT.”—The plaintiff was the pro. Meath. March 25; M. Larkin, solicitor, 51, Dame-street, Commons or one of the Superior Courts. All the prietor, by assignment from the author, with the
Dublin. documents other than ballot papers are to be right of singing it when and where he pleased, of
BURSTALL (Edward), Exq., Palace Hotel, Buckingham-gate,
Middlesex, and Falmer-place, near Slunch, Bucks. March open to public inspection whilo in the hands the words of a comio song, called " Come to 20; Bischoff and Co., solicitors. 4, Great Winchesterof the Clerk of the Crown. There are other Peckham Rye,” which he sang, to a well-known
street-buildings, E.C. incidental provisions in the Bill, such as clauses air, for profit, at public music halls, dressed in
Bull (James), 71, Coleman-street, Buphill-row, Middlesex,
oilinan. April 15; F. Broughton, solicitor, 15, Finsburyfor the punishment of persons tampering with character, and accompanying his singing with circus, E.C. the ballot papers, and of officials or agents failing gesture and expression. The plaintiff had never
CA ESTERFIELD (Right Hon. Geo. A. Philips, Earl of), Bretbyto maintain the secrecy of the voting in the station, registered the song, or printed it, nor, otherwise
park, Derby. April 1; Barlow and Co., solicitors, 26, Essex.
street, Strand, W.C. or communicating, without due authority, before than by singing it as above mentioned, had he Fillon Jas. E.), Archbishop's-walk, Lambeth, Surrey, the poll is closed any information, as to the name ever published it. The defendant, unknown to
gentleman. March 9; E. B. Jupp, solicitor, Carpenter's
hall, London-wall, E.C. of an elector who has or has not voted, and for the and withont the consent of the plaintiff, printed Fish Jas.), Stogumber, Somerset, and Water-street, $t. punishment of any person attempting to obtain in and published, in a penny book or sheet of songs,
Paul, Bristol, maltster. March 8; Parnell and salt, the polling station information as to the candidate a song called, “ Down at Peckham Rye,” the words
FITCH (Frances), 8. Lambridge. Walcot, Bath, April 27; voted for by any voter, or communicating at any of which closely resembled and imitated the words Stone and Co., solicitors, 1:3, Qurcen.square, Bath, time to any person any information there obtained of the plaintiff's song. In an action against the
HAWKENWORTH Thos.), Hunslet-lane, Leeds, currier, April as to the candidate for whom a voter votes. No defendant for so doing, the plaintiff obtained a
9; Hick and Jones, solicitors, 1, Bond-strect, Leeds.
HINDLEY (Chas.), Esq., East Acton, Middlesex, March 25; person who has voted shall, in any legal proceeding verdict, and upon a rule to set that verdict aside W. H. Oliver, solicitors, 61, Lincoln's-inn-tields, W.C. to question the election, be required to state for and enter it for the defendant, on the ground JACOBS (Bethel); 7. Whitefriar sate, Kingston-uponHall, whom he has voted. No person is to be appointed that the
goldsmith and plaintiff had published the
March 31; J. L. Jacobs, soli.
song citors, 2, County-buildings, Hull, by a returning officer for the purposes of an elec- within the meaning of the Act of Parliament, Joxes (Charlotte, 1, More-park-road, Walham-green, Fultion who has been employed by any other person and, not having registered it, was not entitled
ham, Middlesex. March 25: F. W. Phainphilon, solicitor,
5, John-street, Adelphi, W.C. in or about the election. The presiding officer may to recover, it was Held, by Kelly, C.B. and LEAF (Wm. L.), Oid-change, E.C.; Woodlands, Clapham do, by the clerks appointed to assist him, any act Channell and Cleasby, BB. (discharging the
New-park, Surrey ; and Kilmington-house, Eastbourne, which he is required or authorised to do by this rule) that the plaintiff's song was not a book
Sussex, merchant. March 25; Davidson and Co., solicitors,
70, Basinghall-street, E.C. Act at a polling station, except ordering the arrest, within the meaning of sect. 2 of the Act (5 & 6 MILLARD (Ann), Worcester-house, Clifton. Mar ch 30 exclusion, or ejection from the polling station of Vict. c. 45), but came within the definition of a Clarke and Sons, solicitors, 28, Broad-street, Bristol. any person. The short title of the Bill, when * dramatic piece,' "musical or dramatic
MURRAY (Isabella), 6%, George-street, Euston-road, Middleas a
sex, March 18; J. W. Moore, solicitor, 6, George-street, passed, is to be, The Ballot Act 1872, but at entertainment,” in the same section, and conse- Euston-road, Middlesex. present it is, Parliamentary and Municipal Elec- quently did not require registration under sect. 24
Norr (Jas,), Southend.street, Ledbury, zentjoman. March tions Bill.
23; Matthew and Barber, solicitors, Ledbury: of the Act, which applied to "books”, only: POWDEN Col. Jas. c.), New Park House, Chale, Isle of Martin, B. doubted whether an action would lie at Wight. Feb. 20; Blake and Snow, solicitors, 2, Collegecommon law against the defendant, and, though Quick Johns, 2, North-hill-terraạo. Plymouth, rae, mer
hill, Cannon-street, E.C. SOLICITORS' JOURNAL, he thought the song was not a "book" within the chant. April 10; Wedlake and Letts, solicitors, 3, Mitre
meaning of the Act, he was of opinion that the de. court, Temple, E.C. NOTES OF NEW DECISIONS. fendant had not, by merely printing it, infringed ROSTROX (Sarah A. Green hank-terraco, Henton Chapel,
Lancaster, March 15; Reddish and Lake, solicitors, Great SET-OFF-EXECUTOR RESIDUARY LEGATEE
the plaintiff's right in it as a dramatic piece :" Underbank, Stockport. BQUITABLE CLAIM--BANKRUPT.-Defendant was (Clark v. Bishop, 25 L. T. Rep. N. S. 908. "Q. B.) Row (Elizabeth A., Royal Victoria Ilotel, Smanage, Dorset
March 2; R. D. Marshfield, wo icitor, Wareham, Dorset. left executor and residuary legatee of Mrs. A., who
SWANN (David, L., 19, Lloyd-qure, and ...?, Gray's-inn. died in 1869, leaving a balance of £600 in the
road, Middlesex, dyer. Marci 31; Merediths and Co.,
solicitors, Lincoln's-inn, W.U. hands of H. and H., a banking firm, which balance UNCLAIMED STOCK AND DIVIDENDS IN THE
BANK OF ENGLAND.
TAYLOR (Mary), Noak-hill, Rimford; Essex. March 11: was at once transferred to an account headed with
Hilearys and Tunstall, solicitors, , Fenchurch buildings,
E.C. the name of the defendant, as "executor of the Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons THOMAS Julia), Crownbrook, Forest-hill, Surrey. Feb. 29, late Mrs. A.” The defendant drew several cheques respectively whose names are prefixed to each in three Blake and Snow, solicitors, 22, College-hill, Cannon-street on this account, and also paid in several sums of mouths, unless other claumants sooner appear.)
WILLSHEN (Jas.), Thornburs, Gloucester, managing clerk to money to the same account, before the banking firm became bankrupt in July 1870, at which time
Crossman and Lloyd, solicitors, of the sanie pluce. March
25; H. H. Lloyd, Thornbury.
We Three per tent. Annuities. Claimant, said John
Buall, the invisor. defendant had paid several legicies, but had not
REPORTS OF SALES. PAROS Maria Norton Hall, Moumonthshire, spinster. specifically provided for all, nor for an annuity 18. tri., New Three per l'ent. Am ucies. Claimant,
Trexlay, Feb. 20. charged on the real and personal estate of Mrs. Cecii Parsons, the surviving executor.
By Messrs. D. SMITH, Sos, and OAKLEY, at the Mart,
Horsclydowa, freehold waterside pretuie-oll for 1870. A. After all bequests hael been provided for,
By Messrs. HLARDS, VAUGHAX, and LEIFCHILD. there would have remained in the hands of defen.
APPOINTMENTS UNDER THE JOINT-STOCK Chelsen, No. , Hassar-street, terin 70 years-sold for 1255. dant a surplus of £1900, to which he was entitled
No. 51 aujoinink, same term-sold for ! as residuary legatee. The defendant having over. PURE LIXSEED AND COMPOUND TEEDING CAKE COMPANY
No. 10, Halsey-lerrace, terin 71 years-wid for £302. LUITLO. Creditors to send ia b; March 11 their names
Pimiico, No. 13, Charlotte-street, term 3 years-sold for £370. drawn his own private s-ccount at the time of the and addresses and the particulars of their claims, and the
No. 11, Commercial-road, term 15 years--sold for $36). bankruptcy, an action was brought against him
names l addresses of iheir solicitors if any, to J. G.
Battersea, Nos. 6 and 7, Somerton-terrace, terin to years
sold for 1905. by the trustee of the bankrupt's estate to recover
Snell, si, Cheapxide, E.C., the officiul lijuudelor of the said
coinyay, March 27, at 11 o'clock at the chainbers of the OR Brompton, No. 27, Buto-street, term 74 years-sold for the amount so overdrawn. Held, that the defen. M. R., is the time appointed for hearing and udjudicating No. 9 adjoining, same term--sold for £350. dant was entitled to set-off against this claim the upon such claims.
IVednexion, Fe, 21. balance standing in his favour on the executor- CREDITORS UNDER E STATES IN CHANCERY. By Messrs. VESTON, BULL, aud! Cooren, at the Vart. ship account at the date of the bankruptcy :
LAST DAY OF PROox.
Edmonton, the lease of a residence known as Bury Hall, (Bailey v. Finch, 25 L. T. Rop. N. S. 871. Q. B.) Barge (Daniell. 17Anthony-street, Commercial-road,
terin 23 years-sold for £150. DISSOLUTION SUIT-RESPONDENT'S ANSWER, Middlesex, steverlore. Marchl; Carritt and Son, solicitors, ALLEGING CRUELTY-PARTICULARS NOT COR
43, Fenchurch-street, E.C. Marca 11; V.C. B., at twelve
o'clock. RESPONDING WITH THE CHARGES-PRACTICE, BASHAM (Geo.), Chadırell-heath, near Ilford, Essex, ycoman.
97; V.C. W. at tirelve o'clock.
NOTES OF NEW DECISIONS.
ARSON --OWNERSHIP OF THE HOUSE - AT
TEMPT TO DEFRAUD.-An indictment under 24 sequently she spontaneously filed further particu- | CHIMERS + Hester, Devizes, Wilts. Much 10; Henry H.
Hulbert, solicitor, Devizes. April 13; M. R., at twelve lars, which did not agree with the original charges.
& 25 Vict. c. 97, 8. 3, for setting tire to a house, o'clock. The court treated these further particulars as
COOKE (Conrade, G.). 3. Myra-villas, King Henry-road, shop, &c., need not allege the ownership of the new charges, and ordered them to be expunged :
Hampstead, N. W. March 1
.; Lyno and Holman, solici. | house. The evidence in support of the intent to (Sanderson v, Sanderson, Stephens v. Hiscox, 25
tors, a, Austiu-friars, E.C. Murch zu; V.C. W., at ten injure was, that the prisoner N. was under notice
. L. T. Rep. N. S. 857. Div.)
Foord (Geo.), Ashford, Kent, auctioneer and catate a zent. to quit, and a week before the fire was asked to
March 5: E. Norwal. solicitor, Cuaring, Kent. March leafe, but he did not. And of the intent to de. MOTION TO TAKE BILL OFF FILE-UNAUTHO- 23; M. R., at trrelve o'clock. RISED SUIT BY AGENT OF FOREIGN GOVERNMENT
Goriso Dame Mary E.), 1:3, Sussex-square, Hyde-park, w. fraud, the evidence was that in 1867 he called on IN ITS NAME.-A subordinate officer of a foreign
March); Pritchard and Sons, Llwydiarth Esgol, Anglesey: an agent abont effecting an insurance, aud that in
1871 he called on him again and said he Government cannot without its authority tile a
HL Ana), Farncoa, ncar Newark. March 11; F. J. bill in the name of his Governinent against the
Tuckr. rouirito-, 4, Serlesire 6. Lincoln s-iun-fields, w.c. had come to renew his policy for £500, and
paid 10s. Held, that the above evidence was superior officer in this country : (The Republic of LLEWELLIN, David). Holden-terrace. Buckingham Palaco sufficient to prove the intent to injure and deLiberia v. The Imperial Bank (Limited) and
, . Chinery, 25 L. T. Rep. N. S. 866. V.C. M.)
citor. , Jernya-street, St. James's, Middlesex. Marchi fraud : (Reg v. Newboult, 25 L. T. Rep. N. S. 883.
Cr. Cas. Res.)
TURNPIKE TOLI-TAXED CART-LOCAL ACT.
twelve o'clock. and sells his own ale and porter is not an "ale
METRS Isnaes, Wisbesch, St. Peter's, Isle of Ely, Cam. higher toll upon a “taxed cart” than, upon “a
bridxe; March 1. Young nud Jackson, siliciur. 12 gig, or chair, or such like carriage with a single and porter merchant” in the common and ordi. Essey-street, Strom. Anni 9; V.C.W., inolve o'clock. scat only, and with two wheels only." The apDary sense of that term, and therefora a bond PRACE braucisi, keduth, Cornwall, mitensent. Marcus pellant, the toll.collector, demanded and took tho given by A., on his entering the service of B., a
Geo. A. Jenkins, moliritor, Penryn, Cornwall. March 23; higher toll from the respondent for a butcher's
M.R., . * porter, ale, and spirit merchant,” as a traveller, SOAR (1903., Sewark-upon-Trent, Notis, yoonan. March cart, with one seat and two wheels, for which he conditioned that lie would not, within a specified
15%; Win. Nenton, solicitur, Newark. March 17: M. k.. had taken out an excise licence under 32 & 33 Vict.
at ceven o'clock. time after leaving such service, travel for any STREET (WIH.. Shalford, Surrey, farmer. March 19: J. and c. 14, and was convicted by justices under the "ale, porter, or spirit merchant,” within a speci. M. Pontifex, solicitors, st. Andrew's-street, Holborn, E.C. local Act for so doing : Held, that the conviction fied locality, is not forfeited by his, subsequently Tover Henry), 51. Albany-street, Rozent'r-park. N.W..
March 19. V. C. B., at twelve o'clock.
was right; for the words “ taxed cart" must refer to his leaving B., entering within the specified Kentleman. March 14; J. L. Dale, solicitor. Furnival's. to the particular kind of cart so called on I defined time into the service of C., a common brewer inn, Glesex. March 18; V. C. W., at twelve o'clock.
in 43 Geo. 3, c. 161, and 43 Geo. 3, c. 55 ; and not within the specified locality, as his traveller and
TURNER (John), Stack-teads, Forest of Rossendale, Lanca.
ter, store proprietor, Mariol_9; Hall and Baldwin, soli. to every cart upon which a tax had been paid, as agent. So held (ubitante Martin, B.) by Bram. tor, Cliherve." March 2; M. R., at eleven o'clock.
was decided in Puruly v. Smith (23 L. "J. 150, well and Pigott, BB.: (Josselyn v. Parson anul
Uziell Theodosius, Brighton, gentleman. others, 25 L. T. Rep. N.S. 912. Ex.)
11. Barnard, on itor, 39, si. James atreet, Piccadilly, i 900. N. P.)
April 110: M. C.): (Williams v. Lear, 25 L. T. Rep. N. S. W. April 17; V.C. 1V., at twelve o'clock.
LANDS CLAUSES ACT — SPECIAL ACT INCOR: passing the Act, and on the rebuilding of pro
MERCANTILE LAW. PORATED-LANDS INJURIOUSLY AFFECTED.-The jecting houses, to set them back to the line of the effect of incorporating the Lands Clauses Con. street, and the owuers, &c., were made entitled to
NUTES OF NEW DECISIONS. solidation Act 1845 in a local Act is to entitle all compensation for injuries thereby sustained. By
GUARANTEE-MISTAKE-EQUITABLE DEFENCE persons whose lands are injuriously affected by another section, not making any mention of com- LIABILITY.-Plaintiffs' agent entered into a the operations authorised by the special Act to pensation to owners, &c., the commissioners were
contract to supply bricks to a builder at certain compensation, without any special provision being empowered to alter the level of streets. Certain prices to be taken within four months from the contained in the local Act for that purpose. By premises having been injuriously affected by date thereof. Month's account, and bill at five certain sections of a local Act, which incorporated operations carried out under the last mentioned nonths from the date thereof. The due perform. 80 much of the Lands Clauses Consolidation Act section : Held (affirming the judgment of the ance of this contract by" the builder being gua. as was not modified by or inconsistent with the Queen's Bonch), that the owner was entitled Ito ranteed by the defendant. This was signed by provisions of the special Act, commissioners were compensation by virtue of the Lands Clauses Con. the defendant, but he and the plaintiff's agent empowered to remove from honses projections solidation Act : (Reg. v. The Vestry of St. Luke's, both understood and agreed that he was thereby into the streets which were existing at the time of Chelsea, 25 L. T. Rey. N. S. 914. Er. Ch.)
guaranteeing only the acceptance of bills by the builder. The plaintiff always believed the defen.
dant had guaranteed the payment of the bills, and BOROUGH QUARTER SESSIONS.
heard nothing of the agreement of their agent with
the defendant. The agent had received no autho.
What notice of Borough,
rity from the plaintiffs to assent to such a gua. When holden. Recorder.
Clerk of the Peace. appeal to be given.
rantee as the defendant intended, and the plain. Berwick-on-Tweed Friday, April 5 W.T. Greenhow, Esq... 5 days
tiff's supplied the bricks on the faith of the
H. T. Sankey.
guarantee, as they interpreted it. Held, that the Carmarthen Wednesday, April 10 J. Joles, Esq.
J. H. Barker. contract was a guarantee for the payment of these Chichester Tuesday, April 9 J.J. Johnson, Esq.,Q.C. 10 days
E. Titchener. bills, and that this was not such a mutual mistake
between the parties as to constituto an equitable
F. F. Giraud. Leeds
ground of defence to an action upon the guarantee : Thursday, April 4 J. B. Maule, Esq., Q.C.. 10 days
C. Bulmer. Northampton Friday, March 1
J. H. Brewer, E-4. 10 days
(Haymen v. Gover, 25 L. T. Rep. N. S. 903. Q.B.) Shrewsbury Monday, March 18
W. F. F. Boughey, Esq.
NOTES OF NEW DECISIONS.
AS SALVOR. — In apportioning salvage reward NOTES OF NEW DECISIONS.
among the owners, master, and crew of a sailing TRANSFER OF SHARES-INFANT TRANSFEREE
NOTES OF NEW DECISIONS.
vessel which has rendered salvage services, the -USAGE OF STOCK EXCHANGE.-A holder of
Court of Admiralty will not allot to the owners
MARRIED WOMAN-POWER TO DISPOSE OF shares in a company sold them in the ordinary REAL ESTATE BY
the same proportion of the reward as in the caso
Will.– A separation-deed of services rendered by a steamship (usually one. manner through his brokers to a jobber, who, on between husband and wife contained the recital of half), unless the circumstances show that the the name day, gave the name of a person who an agreement that the wife should enjoy her vessel itself, as where the services are effected by afterwards turned out to be an infant, as par present and future real and personal estate to her steam power, was the ehief agent in effecting the chaser, and a transfer was executed to him. This separate use, and in all respects free from her hus. salvage. In apportioning the sum of £1500, where name had, according to the usage of the Stock Ex: band's debts, liabilities, engagements, dispositions, the services were mainly the personal exertions of change, passed through the hands of several control, and interference ; and the deed contained a jobbers, and had been originally furnished by a
the master and crew of a sailing vessel, the court covenant by the husband to the like effect, but it awarded £500 to the owners, £650 to the crew, member of the Manchester Stock Exchange, who containe I no conveyance by the wife of the real and £350 to the master : (Re Palmyra, 25 L. T. afterwards refused to disclose the name of his estate to which she was entitled in fee. The wife Rep. N. S. 884. Adm.) principal. An order was made to wind-up the disposed of the real state by will, and died in the company; therefore the transfer to the purchaser lifetime of hop hoabinil. Held (atfirming the
COLLISION-PRACTICE.-The court will not, at could not be registered, and the name of the vendor decision of the Master of the Rolls), that the wife the hearing, allow the amendment of the prelimi: was retained on the list of contributories, and he could contract as to her real estate'sy deed under nary act in a cause of damage by collision : (The was compelled to pay the calla, which were snhze. the statute, and that on the agreement of the Franklond, 25 L. T. Rep. N. S. 809. Adm.) quently made. On a bill filed by the vendor husband with her to forego his claims, she became PRACTICE-TENDER.-A tender must be made against the jobber, to whom his brokers sold the entitled to the property for her separate use, and with costs, or the ground for refusing costs must shares : Held, that the defendant, not being could deal with it as any other person, unfettered appear on the face of it: (The Thracian, 25 L. T chargeable with any fraud, was not liable to by a marriage contract or any other contract, Rep. N. S. 889. Adm.) indemnify the plaintiff, and the bill was dismissed cùuld do : (Pride v. Bubb, 25 L. T. Rep. N. S. 890. with costs. The customs and usages of the Stock L. C.) Exchange, when they do not contravene the laws JOINT TENANCY OR TENANCY IN COMMON.of the realm, are to be observed and enforced in ! A will contained a gift to such of the nephews and
LAW STUDENTS' JOURNAL. equity : Semble, that no intermediate broker or | nircos of A., and the children of A.'s deceased jobbber is liable, if innocent of franil, unless he niece B., thi reinafter named (then followed the EXAMINATIONS AT THE INCORPORATED refuse to disclose the same of his principal or to names of the nephews and nieces and children of
LAW SOCIETY. gire all the requisite information in his power: the dec 'ased niece) as should be living at the time
HILARY TERM 1872. (Rennie v. Norris, 25 L. T. Rep. N. S. 862. M. R.) of the decease of the testatrix, to be dividea
Final Examination. WINDING-UP-JURISDICTION-FOREIGN Com. between an among them, per stirpes, equally, and at the examination of candidates for admission PANY - LIABILITY 02 ALLOTTEE. In April not per capita, the children of B. taking between 1871, a pros; octus was published of a com
on the roll of attorneys and solicitors of the them only the cqnal share to which B. would have Superior Courts, the examiners recommended the pany, to bo called the Imperial Anglo-German been entitled if named in tha: bequest, instead of following gentlemen, under the age of twenty-sis, Bank, tho heard office to be in Berlin, with a hər childron, and living at the time of the decease
as being entitled to honorary distinction branch in London. The name of the secrutary of the testatrix : Held, that the children of B.
1. Edgar Lubbock, who served his clerkship to was published, and al-0 of twelve directors. took as tenants in common : (Attorney-General v.
Messrs. Reyroux and Phillips, of London. five being resident in Berlin, and seven (of Flelcher, 25 L. T. Rep. N. S. 892. M. R.)
2. Edward Powell, who served his clerkship to whom some
were Germans) being resident in Will-CONSTRUCTION.-A testator gave certain Mr. Edward Maurice Jones, of Welchpool. Bean. Englan). The prospectus stated, that by the property to trustees upon trust for sale and in. mont Shepheard, who served his clerkship to provisions of the German law under which the vestment, and directed that the proceeds of such Messrs. Shepheard and Son, of London. company was to be incorporated, applicants for sale and the investments thereof should constitute 3. John Cook, who served his clerkship to shares could not be made liable before the incor. the fund thereinafter called the general trust fund; Messrs. Thompson and Cook, of Hull. poration of the company, and their money must and ho directed that his trustees should appro. 4. Walter Reginald Collins, who served his therefore be returned in'full if the undertaking priate one-sixth of the said general trust fund as clerkship to Messrs. Bridger and Collins, of should not be proceeded with. It further stated, a maintenance fund for his son J., which, on his London. that a moiety of the shares had been subscribed in death, was to fall into and again become part of 5. George Ashmall, who served his clerkship to Germany, and 10 per cent. paid thereon (which the general trust fund, and that subject thereto Mr. Arthur Barnes, of Lichfield. was requisite according to German law), and his said general trust fund should be held upon The Council of the Incorporated Law Society subscriptions were invited for the remaining trust as to one moiety thereof for his wife for have accordingly awarded the following prizes of moiety. The company was promoted by 0., and a life, and upon her death upon the trusts and books temporary office taken in London. On 20th May, subject to the provisions thereinafter contained To Mr. Lubbock, the prize of the Hon. Society a large order for advertisements was given at the rulitive to the other moiety thereof, and as to the of Clifford's-inn. office to R., an alvertising ngent, by the secretary other moicty in trust as to three-fifths for his To Mr. Powell, the prize of the Hon. Society of in the presence of 0. }. entered the company as daughters, E. C. and S., each to take one-fifth Clement's-inn. his debtor in his books, and alleged that he part, and as to the remaining two-fifth parts To Mr. Shepheard, Mr. Cook, Mr. Collins, and execnted the order on the credit or the names of thereof in trust for his son A., provided that if Mr. Ashmall, prizes of the Incorporated Law the directors, but he had sent in a bill for the any of his sai ! daughters should die in his life. Society. advertisements to 0. The remaining moiety of time, without leaving issue living at the death of The examiners have also certified that the fol. the shares was allotted in England, and deposits the testator, the shares therein before provided in lowing candidates, under the age of twenty-six, of 10 per cent. paid theroon. But it having turned the said general trust fund for each daughter so whose names are placed in alphabetical order, out subsequently that the first moiety of shares dying as aforesaid should not lapse, but should passed examinations which entitle them to com. had not been, in fact, subscribed for in Germany, sink into and form part of the same general trust mendation :nor the requisite deposits paid, the company was
fund and maintenance fund in the same manner Arthur George Bonlton, who served his clerk. never incorporated. Upon a winding-up petition as if the same share had never been so provided, ship to Messrs. Mullings, Ellett, Hampton, and presented by R., Held
that R.'s debt was binding and the name of the said daughter had accordingly Tudway, of Cirencester; and Messrs. Peacock and upon those who had associated themselves to. been omitted in the gift and disposition and Goddaru, of London. gether to form the company ; that this association trusts thereinhefore contained of the same general Samuel Chester, who served his clerkship to was within sect. 199 of the Companies Act 1862 ; trust fund. One of the said daughters died in the Messrs. F. and E. Chester, of London. and a winding-up order was accordingly made : lifetime of the testator: Held, that the one-fifth George John Coldham, who served his clerkship (Re The Imperial Anglo-German Bank, 25 L. T. was undisposed of by the will: (Smith v. Stone, I to Messrs. Andrews and Canham, of Sudbury; Rep. N. S. 895. V.C. M.) 25 L. T. Rep. N. S. 893. M. R.)
and Messrs. Pawle and Fearon, of London.
Edwin Gray, who served his clerkship to Mr. her as he had a right to do. It is not disputed is, that the freemen have, by usage or prescripWilliam Gray, of York; and Messrs. Bell, Brod that the plaintiff is not a freeman of the borough, tion, enjoyed the privileges claimed, viz., to be rick, and Gray, of London.
and that the defendant is. The defendant claims exclusively entitled to the pasturage of the WestHenry Edward Herman, who'served his clerk. a right by custom or usage (which are synonymous lands, by the granting of summer gates for a ship to Mr. Herbert Henry Poole, of London. terms), or by prescription, to the exclusive right certain time of the year to the ancient freemen
George Edward Lake, who served his clerkship of pasturage, so far as summer pasturage goes, from time immemorial, and if that is established, to Messrs. G. and B. G. Lake, of London.
for himself and brother freemen in certain lands it is sufficient to establish that right. It is no Charles Herbert Owen, who served his clerk called the Westlands, the property of the mayor, answer to it to say that in some respects the ship to Messrs. Rutter, Neve, and Rutter, of Wol. aldermen, and burgesses of the borough of freemen and the mayor and aldermen have, in verhampton; and Messrs. Sharp and Ullithorne, Hedon; and it is contended that this right is relation to the land in question, been in the posi. of London.
secured to them by the Municipal Corporation tion of landlord to tenant. That position may be Samuel Pilloy, jan., who served his clerkship to Act, 5 & 6 Will. 4, c. 76, and the Hedon Corpora- governed by certain conditions and restrictions. Messrs. Staniland and Wigelsworth, of Boston; tion and Borough Improvement Act, 36 Vict., 1860, I find, from the evidence before me, that the usage and Messrs. Tooke and Holland, of London. and the case of Hulls v. Estcourt (32 L. J. as to the summer gates has existed for more than
Frederick Vaughan, who served his clerkship to 193, Ex.) is cited to show that the Court of sixty years, as spoken to by living witnesses; in Mr. Robert James Cathcart, of Newport, Mon: Exchequer put the same construction on the addition there is the evidence that old people mouthshire; and Messrs. Jones and Starling, of Municipal Reform Act as is contended for here. have been heard to say that it was the same aforeLondon.
It is contended that if this case can be brought time. I therefore come to the conclusion that The council have accordingly awarded them within the case of Hulls v. Estcourt defendunt it has existed from time immemorial. This right certificates of merit.
must succeed. It appears that it has been the having been established to my mind, has it The examiners further announced that tho practice of the corporation to let the lands in been protected by recent legislation ? The answers of the following candidates were highly question in gates, the summer gates for cows and Municipal Corporation Act provides for the satisfactory :
a certain number of horses, to the freemen, and rights of freeemen, and the case of Hulls v. Horace Ockerby.
the winter gates to freemen and other persons who Estcourt in constructing it decides that when William Henry Herington.
were not freemen; and it was strongly contended their rights are proved no burgess under that Act William Baildon Craven.
that this established the relation of landlord and has a right to participate in them, but the Hedon James Rawlinson.
tenant, and that the case must consequently be Corporation and Borough Improvement Act goes That Mr. Ockerby, Mr. Hering on, and Mr. governed by the ordinary rules applicable to that further than the Municipal Corporation Act; and Craven would have been entitled to prizes, and position. It was also urged that as there was the 6th section, as if to meet this very case, Mr. Rawlinson to a certificate of merit, if they had some evidence of the existence of title Ideeds, no enacts, “Provided always that notwithstanding not been above the age of 26.
prescription could be established without their anything in this Act, or the Municipal Corporation The number of candidates examined in this production. Neither party chose to produce Acts contained to the contrary, the resident term was 157 ; of these 143 passed, and 14 were these deeds, and I am therefore totally ignorant freemen or burgesses of the borough, and the postponed.-By order of the council,
of their contents, but from what fell from the resident widows of freemen or burgesses of the E. W. WILLIAMSON, Secretary. witness they probably were mere mortgage deeds borough, who have been or might horeafter have Law Society's Hall, Chancery-lane, London. and may not at all affect the matter now in dis. been admitted a freeman or burgess of the borough, Feb. 1872.
pute. The case of Constable v. Nicholson (32 if this Act had not been passed ; and any person L. J. 240, C. P.) was cited on behalf of the plain who is, or hereafter may be, a son of a freeman or
tiff to show that there could be no custom or pre- bargess, or who has been, or hereafter may be, COUNTY COURTS
scription, but it was a very different case from bound an apprentice to a resident freeman or this. The case arose in this immediate neighbour. burgess, shall have and enjoy, and be entitled to
hood, and was an action brought by Sir Clifford acquire and enjoy, the same rights and benefits of HEDON COUNTY COURT.
Constable against the defendant for taking stones occupation, use, and depasturing of the common (Before W. RAINES, Esq., Judge.)
and gravel from the beach; and the defendant and pasture lands and other lands within the Friday, Feb. 9.
justified his doing so inasmuch as he was an in. borongh, as the burgesses and the widows of
habitant of Owthorne, the inhabitants of which bargesses while so resident heretofore have had BEAL v. BATTY.
had been accustomed from time immemorial to get used and enjoyed the same, or would or could Freemen-Rights of pasturage.
stones and gravel from the beach. The court have used and enjoyed the same if this Act had Tuis case was tried some two or three courts held that the right of the inhabitants to get stones not been passed.". I think it has clearly been since, when it lasted two days, and was argued on and gravel from the land of another person is a made out that the rights and benefits of occupabehalf of the plaintiff by G. C. Roberts, and on profit de prendre, and could not therefore be tion, use, and depasturing by summer cow gates behalf of the defendant by A. K. Rollit.
claimed by custom, neither could it be claimed by and horse gates, according to certain by-laws, of His Honour said. - The facts are shortly prescription, as inhabitants are incapable by the the lands of Westlands in the summer portion of these : The mayor, bailiffs, and burgesses of description of taking such an easement unless the year belong to the ancient freemen and no Hedon have been from time immemorial owners under a grant which would incorporate them. other, and that the case comes within the 6th of a common pasture, known as the Westlands, Now, in this case, the freeman does not seek to section of the Hedon Corporation and Improvecontaining thirty-eight acres. The_field was take anything from the land of another, for it ment Act; there must, therefore, be a verdict for formerly the property of the Holy Rood, and is admitted the land belongs to him and his fel. the defendant. passed into the hands of the mayor, bailiffs, low burgesses, coupled with the mayor and alder. Rollit applied for costs, which were allowed. and burgesses of Hedon, in whose possession it men, and together they are a corporation, the has since remained. By charter of Edward III. successors of the former corporation, to which the and other confirmatory charters, the lands of defendant says the grant was made. Then to
SWANSEA COUNTY COURT. the corporation are held by the mayor, bailiffs, return to the case of Hulls v. Estcourt which and burgesses of the town of Heden, their heirs decides that the burgesses created by the Muni: THE LLANELLY RAILWAY AND DOCK COMPANY U.
(Before Thomas FALCONER, Esq., Judge.) and successors. In addition to the title to the cipal Corporation Act are not entitled to partici. lands thus obtained by the corporation by charter, pate in common lands and public stocks held ard
WILLIAM GILBERTSON. a prescriptive title to the Westlands by user of applied before this Act for the particular benefit Railway and Canal Traffic Act-Undue preferenc upwards of sixty years was proved by several of freemen burgesses of this borough, it will be
-What is? old inhabitants of Hedon; and it was shown that found that that case is not so dissimilar from the His HONOUR said : This is a special case agreed the corporation had been in the habit of using case in question,
as was contended for on behalf upon respecting the facts between the parties, and it by means of letting summer gates for cattle, of the plaintiff. It was an action of replevin for heard here by consent. The defendant is the prowhich had been entirely restricted to the ancient taking two colts of the plaintiff's from a close prietor of the works at Pontardawe, situate near freemen of the borough. In the year 1860, called “St. Catherine's Meadow” in the city of to the Swansea Vale Railway. He sends a con. the Hedon Improvement Act was passed, which Gloucester. The plaintiff, in that case, was a siderable portion of tin plates, manufactured at enlarged the corporation by creating a large num. citizen of Gloucester, under the Municipal Corpo- the Pontardawe Works, to Liverpool. He, the ber of new burgesses, but a clause was inserted in ration Act, but not one of the ancient freemen. defendant, is charged 12s. 6d. per ton for the car. the Act carefully protecting the interests of the The defendant was an ancient freeman, and as riage of tin plates from Pontardawe to Liverpool, old burgesses with reference to the common such justified his distraining the horses, and avowed passing via the Swansea Vale Railway, on to the pastures. From the year 1860 until the present that from time whereof the memory of man was plaintiffs' line, and thence by other railways to time no attempt was made to deprive the ancient not to the contrary, the said close had been and Liverpool. This rate is, calculating for the entire burgesses of their rights, but some few months still was a certain common field, and that it had distance traversed, below the rate authorised by since a claim was asserted by certain new bur. been used, and of right ought to be used, for every the Company's Act. Other manufacturers, whose genses to the use of the pastures, and party feeling bargess admitted a freeman of the city giving tin plates are carried over the same and other por. was excited in the borough. The plaintiff in the "right of pasture every year for a certain number tions of the Swansea Vale Railway to the plain. case was one of such new burgesses, and prevailed of his own beasts, from such time in each year as tiffs' line, and thence by the same route to Liver. upon the corporation to grant him a summer gate the said field should be mown and the hay carried pool, from works which are more distant from for a cow. The gate was granted, and he placed away, unto the 2nd Feb. in every succeeding Liverpool than the defendant's
works at Pontar. his cow in the common pasture known as the year. Now the limitation of the time for stock dawe, are charged, by the plaintiffs, a lower Westlands. The right of the corporation to let to ing, till the field was mown and the hay carried rate. This is done on account, as alleged by the a non-freeman was at once denied by certain of away, showed an interference with the rights of plaintiffs, of the competition for the traffic, via the ancient borgesses; and in order to test the pasturage, but as such did not prove that certain Swansea, by steam and other vessels. The rate question the defendant in the present case, acting rights of freemen did not still continue to exist. charged,' is governed, as alleged by the plaintiffs, nuder the advice of Dr. Rollit, distrained the plain. What was done with the hay, or for whose benefit by the cost of conveyance by sea from Swansea, tiff's cow while it was in the Westlands damage it was taken, the case does not state ; but it and, as the plaintiffs also allege, because those feasant. Upon this being done, the present action shows an interference and an appropriation of works nearest to Swansea can, at the least expense, was brought by the plaintiff to recover £20, the part of the proceeds of the land. It is send their traffic there for shipment. They further som claimed as damage caused by the distraint of not very far different in principle to the allege that they have been accustomed to make his cow. The case having been entered, it was taking, in this case, something from each the rate by rail lower from those works than from fully argued before the judge, who reserved his freeman in the shape of a moderately im works further removed from the port. The rates decision, and to-day pronounced the following posed charge for a cow or a horse gate; in the charged by the plaintiffs
for the carriage of tin judgment: This is a case of replevin in which case I am citing, the second justification for plates from the various works in the Swansea Valley William Beal is the plaintiff and John Batty the taking the horses was, that the common of pasture to Liverpool, via the Swansea Vale, and via the arowant (whom I shall afterwards call the defen. was granted by deed by the Abbot of St. Peter's, plaintiffs' and other railways, have, as alleged dant). The plaintiff complains that the defendant in Gloucester. The avowries were demurred to, by them, been from time to time reduced to unlawfully seized and impounded his cow, and the therefore the facts were not disputed. The court meet the competition by vessels, and defendant states that the cow was found damage decided that the statute preserved the rights of ultimately fixed in August 1870, as they allege,
easant on lands on which he and other freemen of the ancient freemen, and that a burgess created by 11s. 4d. per ton from works within six miles, and The borough of Hedon had exclusive right of the Act had no right to participate in their privi. 128. 6d. per ton from works more than six miles pasturage, and that he distrained and impounded 'leges. The case of the defendant in this suit' from the port of Swansea, though nearer to Liver.