departure from the accustomed course between the
parties is that the deposit was made by way of
margin on the two accounts, that of the firm and
that of Blackburn separately. These fifty-six
bales were sold by Bushby and Co. near the end
of July, and realised the nett sum of £756 13s. 6d.
At that date the sum due from the bankrupts'
firm was £517 17s. 6d., and that sum Bushby
and Co. are admittedty entitled to retain out
of the proceeds; but the balance of £258 16s.,
which Bushby and Co. seek to apply to the
private debt of Blackburn, the trustee claims as
part of the estate of the bankrupt firm, on the
ground that Blackburn had no authority to pledge
partnership goods for his private debt. On behalf
of Messrs. Bushby and Co., it was contended by
Mr. R. G. Williams that there was a presumption
of authority on the part of Blackburn to pledge
the cotton on the two accounts, and that to entitle
the trustee to the order asked for he must show
that the fifty-six bales pledged by Blackburn for
the past debt of himself and the firm were accepted
by Bushby and Co. with knowledge that they were
partnership goods, and that it might very well be
that Bushby believed them to be the property of
Blackburn solely, though they were not in fact so,
and in that view that he was justified in pledging
them, being his own goods, for the double purpose
of security for his own debt and for the debt of the
partnership. I may say in passing that there is
no affidavit that the firm of Bushby and Co. be-
lieved the fifty-six bales to be the property of
Blackburn solely, nor is it imputed to Blackburn
that he ever said or suggested that they were;
nor is there any evidence of authority by the firm
to Blackburn to pledge these bales for his own
debt, or any ratification by them of the act; nor
does it appear that Blackburn's partners had any
notice or knowledge upon the subject. This case,
stripping it of some minor and immaterial points
of contention, depends upon the question what the
authority of a partner is in dealing with the goods
of his partnership. It is not disputed that to
the extent of partnership liabilities he may
dispose of or pledge them, because such deal-will be ordered to withdraw from the possession
ing is within the scope of his implied autho-
rity as partner. But it is contended that
this is the limit of his authority. In the
case of Kendal v. Wood (L. Rep. 6 Ex. 251),
the true rule was held to be that one partner is
agent for the other partner to do all acts which
are within the ordinary scope of the business
carried on, but that where a partner does an act
which is beyond the prima facie authority with
which he is entrusted, then those who deal with
him do it at their own peril. Now, although the
deposit by Blackburn would have been binding as
respects the partnership debt, supposing it to have
been made on partnership account, and although
it would have been binding, both as respects the
partnership debt and the separate debt of Black-
burn, supposing the goods to have been Blackburn's
own, yet, as the cotton deposited could not belong
both to the firm and to Blackburn solely, and as
it did in fact belong to the firm, and as it was
deposited by him as margin on both accounts
without any authority by the firm to pledge it for
his separate debt, and without knowledge by the
firm of its being intended to be or of its having
been so deposited, such deposit was, in my judg.
ment, out of the ordinary course of business and
beyond the scope of the implied powers of a
partner, and therefore the duty of inquiry was
thereby cast upon Bushby and Co., whether the
goods did or did not belong to the partnership,
and whether, if they did belong to the firm, Black.
barn had the authority of his partners to pledge
them for his private debt. In the absence of
such inquiry, it appears to me that Bushby and
Co. must be held to have taken upon themselves
the risk whether the act of deposit so as to bind
both estates was an authorised act. And upon
the evidence it is clear to my mind that it was
not authorised, and therefore the sum of £258 16s.
cannot be retained by Bushby and Co. in satisfac-
tion of the private debt of Blackburn. Conse.
quently I shall make an order as prayed. Costs
allowed.

SHEFFIELD COUNTY COURT. (Before T. ELLISON, Esq., Judge.) Re CHARLES.

Bankruptcy Act 1869-Landlord's right to distrain.

HIS HONOUR said.—This was a motion of Mr. Pye-Smith on behalf of the Registrar of the Court, as trustees under the bankruptcy of Messrs. William Taylor Charles and John Andrew Charles, to make perpetual an interim order of the 1st Feb., by which, upon the usual undertaking as to damages, Messrs. Joseph Gamble and Arthur Thomas were restrained until the 8th Feb. from selling, or in any way interfering with any of the effects of the bankrupts, which had been seized by them under a distress for rent. The state of facts upon which the interim injunction was granted appear to be these: By an order of the court of

tion. It will therefore be open to the respondents, on clearing their contempt, to make such applition to this court as they may be advised. I may make this observation that it would appear from the affidavits and from a letter of Mr. A. Thomas, that both "sides consider that the tenancy of John Andrew Charles of an undivided moiety of the Kelham Mill has been terminated." I have not been able to come to that conclusion myself, but this is a question that will probably have to be fully discussed hereafter.

Pye-Smith.-My application is not to restrain the distraint, but to restrain an unlawful act. His HONOUR.-Your application was to continue the interim injunction.

Simpson (who appeared for Messrs. Gamble and Thomas). My clients having complied with the order of the court, and having cleared their contempt

His HONOUR.-How have they cleared their contempt ?

Simpson.-I take it they can only clear the contempt by complying with the orders of the court.

His HONOUR.-You are quite wrong; there has been no apology to the court.

Simpson.-I am authorised to make an apology on their behalf, if they have committed any contempt of court.

His HONOUR.-And the costs have not been paid. You are not in a position to make any application to the court; you are in contempt. Simpson.-Exactly so.

His HONOUR.-You have to pay the costs of all these proceedings, and make an apology; and then you have to take any step you may think fit. The case then concluded.

LEGAL NEWS.

MR. ARTHUR HOBHOUSE succeeds Mr. Fitz

james Stephen in the Legislative Council of India. THE Morning Post says that it is rumoured that the Lord Chancellor will very shortly retire, to be succeeded by Lord Romilly, and Sir Roundell Palmer become Master of the Rolls.

the 1st Feb. (no trustee having been appointed by |
the creditors) the registrars, as trustees for the
time under the bankruptcy, were ordered to be in
possession of the premises of the bankrupts, and
to carry on the business. Having read the affi-
davit of the high bailiff of the court, his Honour
proceeded: The distress referred to in the affi-
davit, and which appears to have been made
on the 27th, was made by Mr. Waddy, and
a notice of the distress with 211 inven-
tory of the goods seized, appears to have
been duly left on the premises. The ground
upon which the interim injunction was granted
was shortly this-that according to the doctrine
and practice of the Court of Chancery to interfere
with the possession of the registrars, which is the
possession of this court, was a contempt of court.
His Honour read that portion of Mr. Thomas's
affidavit in which he stated that he had acted
under the 34th section of the Bankruptcy Act
1869, and proceeded: With respect to the 34th
section of the Act, can it be said that it gives to
a landlord after the bankruptcy of his tenant any
other or different right of distress than that
which a landlord ordinarily possesses to enforce
payment of his rent? I think not. Then what is
the position of a landlord when a receiver is in
possession? That is clearly and forcibly laid
down in the last edition of "Daniell's Chancery
Practice," page 1579:-"The possession of a re-
ceiver is deemed to be that of the court, and any
attempt to disturbs it without the leave of the
court first obtained will be a contempt on the
part of the person making it, and will be re-
strained by injunction, or the person making it
will be committed for his contempt." Again, page
1000, "The court will not protect a sheriff's exe-
cuting process after he has notice from a re-
ceiver; but will order him to withdraw from the
possession, and restrain proceedings against him
by the execution creditor. And when the sheriff'
has taken property, part of which is claimed by a
receiver, the latter will be directed to give a list
of the property claimed by him to the sheriff, who
of the specified property." Again, page 1581,
"The appointment of a receiver does not affect
the rights of a landlord of the premises, but he
will not be permitted to exercise those rights LEGAL EDUCATION.-We understand the posi-
without first obtaining the leave of the court." tion of the four Inns of Court with regard to this
These extracts will suffice to show the jealousy important subject to be as follows: The resolu-
with which the Court of Chancery regards the tions of the committee of the four Inns of Court,
slightest interference with the possession of its recommending inter alia a compulsory examina-
receiver. But it may possibly not have been tion of students prior to their being called to the
understood that the registrars are in the position Bar, and an increase of the Council of Legal Educa-
of a receiver under the Court of Chancery, or it tion from eight to twenty, were adopted by the four
may have been doubted whether this court has inns at meetings of the several benches specially
the authority of a Court of Chancery. But there called for that purpose in December of last year.
is no room for doubt on the subject. By the 20th By these resolutions all students admitted to any
section of the Bankruptcy Act (clause 4) it is of the four Inns of Court after Dec. 31, 1871, were
enacted that trustees (which expression is by the made subject to such examination. In Hilary
17th section made to include the registrar tempo- Term, 1872, the members of the new Council of
rarily acting as trustee) shall in relation to, and for Legal Education were appointed by the several
the purposes of acquiring or retaining possession of inns and consist of the following: Inner Temple
the property of the bankrupt, be in the same posi--The Right Hon. Sir Barnes Peacock; Charles
tion in all respects as if he were a receiver of such Shapland Whitmore, Esq, Q.C.; Dr. Deane, Q.C.;
properly appointed by the Court of Chancery, and Henry Warwick Cole, Esq., Q.C.; Holdsworth
this court may, on his application, enforce such Hunt, Esq. Middle Temple-Lord Westbury;
acquisition or retention of property accordingly. Sir R. J. Phillimore; James Anderson, Esq., Q.C.;
And by the 66th section it is enacted, that "Every Thomas Chambers, Esq., Q.C., M.P.; J. R. Ken-
judge of a local court of bankruptcy shall, for the von, Esq., Q.C. Lincola s-inn - Sir Edward Ryan;
purpose of this Act, in addition to his ordinary powers the Solicitor-General; B. S. Follett, Esq., Q.C.;
as a County Court judge, have all the powers and R. P. Amphlett, Esq.. Q.C; Henry Cotton, Esq.,
jurisdiction of a judge of Her Majesty's High Q.C. Gray's-inn-J. W. Huddleston, Esq., Q.C.;
Court of Chancery, and the orders of such judge Henry Manisty, Esq., Q. C.; A. J. Stephens, Esq.,
may be enforced accordingly in manner pre- Q. C.; Thomas Southgate, Esq., Q. C.; J. A.
scribed." Therefore, I think, nothing can be Russell, Esq., Q.C.-Times.
clearer than that to interfere with the possession
of the registrar in this coart by the making a dis-
tress without leave, was a contempt of this court.
I have already myself so held in a case in which
there was only a receiver appointed, as to whose
status and position the Act is not so clear as it is
with regard to a trustee, and a similar decision
has been made on more than one occasion by the
judge of a neighbouring district-I mean Mr.
Daniel. The affidavits are silent as to what has
been done since the interim injunction was
granted; but I conclude from this application
having been made, that unless the injunction be
continued, the respondents would be in a position
to carry on the proceedings by way of distress.
The injunction must, therefore, be continued until
further order, and the respondents must pay the
costs of the motion. This will not dispose of the
whole question between the parties, because
it was contended before me that, irrespective
of the question of any leave of the court,
the right to distrain was gone altogether. How
ever that may be, it is a question of which I
cannot dispose on this motion, because it is quit
clear that a landlord's right to distrain cannot be
restrained under the general power given by the
13th section, as the Chief Judge has decided in
the late case of Er parte The Birmingham and
Staffordshire Gaslight Company, re Fanshaw and
Yorston, that the distress for rent in arrears is
not a legal process within the meaning of the
13th section, and cannot be restrained by injune.

THE ASSOCIATED CHAMBERS OF COMMERCE AND BANKRUPTCY PROCEDURE.-At the last annual meeting of the Chambers, Mr. Bruton, of Bristol, brought forward a series of amendments proposed in the Bankruptcy Act and Rules of 1869 by the Bristol Chamber. Those finally adoptel were in substance as follows: "That notices and lists of creditors for amounts above £10 be sent to all creditors in bankruptcy, as well as in liquidation, before the trustee and committee of inspection are appointed; that the courts should decide the place of first meeting of creditors, consulting the convenience of the majority of creditors above £10; that creditors secured by third parties shall not be allowed to rank in voting for the full amount of their debts, unless they give up their securities, but rank for the balance of their debts only, after deducting the estimated value of their securities (this being carried by the casting vote of the chairman); that a declaration be substituted for an oath in making proofs; that an offer of a composition of less than 20s. in the pound to his creditors by or on behalf of any debtor shall be an act of bankruptcy; that a single creditor for £20 shall be empowered to petition for adjudication in bankruptcy, or two or more creditors for £50., and that suffering execution for 20 shall be an act of bankruptcy; that personal service of notice shall not be required in cases analogous to those in which personal service is not required under the Scotch Act; that on the failure of a petition

for liquidation, and the creditors passing a resolution that the estate be wound-up in bankruptcy, the court shall be bound to adjudicate the debtor (who must in his petition acknowledge his insolvency) a bankrupt forthwith, without any petition from a creditor; that at the first meeting under the liquidation at which the creditors pass a resolution in favour of bankruptcy, and the creditors think fit to do so, they shall be empowered at once to appoint their trustee, committee of inspection, &c., so that the registrar, on the filing of the resolution, might make an order of adjudication against the debtor, and certify the appointment of the trustee, and fix at once the public examination, thus saving the expense of another first meeting in bankruptcy; that the account filed by the debtor shall contain particulars of bills of exchange and other securities held by creditors; that power shall be given to judges and magistrates to issue warrants for the arrest of debtors about to abscond on the affidavit of a creditor or creditors; and that where resolutions are passed for a composition a copy of the resolutions and notice of the time and place of second meeting shall be sent to all creditors and proxies. The above resolutions were referred to the executive council to take such steps upon them as they deem expedient.

CORRESPONDENCE OF THE

PROFESSION.

is that the Profession of the day abounds with
incompetent persons, who, through their inability
to obtain positions, where they rightly ought to
take their stand, enter the lists as clerks, and are
willing to serve (many of them) for paltry salaries,
and not only thus to cast a stigma on clerks as a
body, but also block the way to many earnest and
zealous workers, and prevent the latter from
getting the remuneration they otherwise would
obtain. Speaking for myself, I can bear evidence
as to the truth of "Fidelis"" observations con-
cerning the "accountant trustees." In the town
from which I write the practice is very consider-
able, attorneys and accountants playing into the
hands of each other, to the detriment of many a
hard-working individual. That the interests of
the Law Clerk ought to be taken under the pro-
tecting wing of some society or association, is
certain; and the attorneys will, I trust, them.
selves assist in so worthy an object, for it cannot
be doubted that if the status of the clerk can be in
any wise raised, the Profession in the end must
be great gainers thereby. Concerning the remedy,
I have myself formed an idea of the shape it
should take, but await your readers' expression
of opinion before unfolding it.

LEX.

COUNTY COURT PRACTICE.-Let me, as a registrar who has served twenty-five years in a small but by no means unimportant court, of a county which has just been signally honoured through one of its most experienced magistrates, say a word or two in answer to your correspondent NOTE. This department of the LAW TIMES being open to at p. 299 of the LAW TIMES of the 17th inst., now free discussion on all professional topics, the Editor is not before me. responsible for any opinions or statements contained in it. I most truly sympathise with every thing he says in favour of keeping up the dignity PUBLIC PROSECUTORS.-We are told that this and respectability of these courts, and trust that session is to be one of practical social legislation, the general body of registrars go entirely with him and it is to be devoutly hoped that the expecta- in this. If the habits and practice which he tion thus excited will be fulfilled. We have had deprecates prevail in the courts of his own county, an immense amount of talk, and of what I may it is very unfortunate, and calculated to impair call the theories of legislation lately, and there the value and useful influence of those otherwise remain certain questions which are of the utmost important courts. I will just name the course of importance. Foremost among them is that of a pub-proceeding adopted in my own and other courts hereabouts, where they are not over - crowded

a mortgage? The stamp may, according to the circumstances, be 6d., or it may be £5. Surely your space ought not to be so wantonly wasted. A MANAGING CLERK.

Norwich, 17th. Feb. 1872. [We are pretty much at the mercy of our correspondents, who are very numerous. It is impossible to examine all the " queries" we receive.-ED. L. T.]

NOTES AND QUERIES ON
POINTS OF PRACTICE.

NOTICE. We must remind our correspondents that this
column is not open to questions involving points of law
such as a solicitor should be consulted upon. Queries will
be excluded which go beyond our limits.
N.B.-None are inserted unless the name and address of the
writers are sent, not necessarily for publication, but as a
guarantee for bona fides.

Queries.

who may have gained the Broderip Gold Medal at this

106. FINAL EXAMINATION.-Would one of your readers examination kindly give me the names of the books he studied in conveyancing? C. P. H.

107. TRUST ESTATE-DEVISE.-A. by his will gave and devised all real estates, which should at his d-cease be vested in him as a mortgagee or trustee, unto his friends B. and C., and to their heirs and assigns, upon such trusts and subject to such equities as should at his decease be subsisting concerning the same; aud he ap pointed D. sole executor of his will. A. died leaving B. C. and D. surviving. They are all now living. D. duly proved the will. At his death A. was, by virtue of a transfer of mortgage, possessed of a term of 1000 years upon trust for securing a principal sum and interest to E. A. was therefore a trustee of the term for E. I me whether the term has devolved to D. as executor, or to B. and C. as devisees of mortgaged and trust estates. In other words, whether B. and C. cau alone, without the concurrence of D., transfer the legal estate in the term. Please cite authorities. A LEARNER.

shall be glad if some of your correspondents will inform

lic prosecutor. It is useless to hope that the penny with business, which I fear is the root of the evil witness to his will. A. afterwards marries C. one of the

a

wise and the pound foolish administration now in
power will ever see that undetected and un-
punished crime is far more expensive than a good
system of public prosecution, but there is hope
that the lawyers on both sides of the House will
unite in carrying a measure which it is
blot on
our civilisation not to have carried
before. At present the only officials who prose-
cute, unless a private individual chooses to employ
his solicitor, are the justices' clerks. Now, it is not
only to my mind a most unfit thing for them to
have this burden thrust on them, their offices
being akin to those of registrars in civil courts; but
even were the duty of assize and sessions prose-
cutions properly theirs, how can they do it with
the miserable pay which is doled out by the
Treasury? All that the solicitor is allowed is a
fee for the preparation of the brief. Of course he
is recouped counsel's fee; but that is all. Economy
run mad being the principle which actuates our
present authorities, it follows that a rich defen.
dant or prisoner has an enormous advantage in
the skilled labour he can obtain. But every pro-
secutor has a right to have his case thoroughly
and elaborately carried out by a state functionary.
A district prosecutor ought to exist, and the ap-
pointment should be limited to solicitors, who are
the proper persons to get up prosecutions. I hope
the subject will be discussed in your columns.
WILLIAM READE.
Ringwood, 14th Feb.

LAW CLERKS.-I have read with interest the letter of "Fidelis " appearing in your columns of the 10th instant. To me, it has been a matter of surprise that the subject so ably set forth in his letter has not before been broached, and that through the medium and aid of your valuable paper. Taking his concluding remark first, it is indeed time that the Law Clerks of the present day bestirred themselves in order to protect their interests from invasions daily increasing in magnitude, and which threaten to be the ultimate ruin of their position, if not speedily checked. It must be an acknowledged fact that whilst every trade and branch of labour has its protective measures, we, as a body, are entirely without, although it is needless to say that they are equally needed by us, who are dependent upon a body of men, who are not only protected by special Acts of Parliament, but by their associations throughout the country. It were well, if for a moment, we thought of the evil and of the remedy. Glancing around us we see that the Law Clerk has to contend with an amount of rivalry and opposition, perhaps unequalled by any other profession or branch of industry. One chief source of opposition to our interests (perhaps the greatest), is that raised by the "admitted" man, who, as "Fidelis" wisely remarks, is intended for another sphere than that of entering an office as an ordinary salaried clerk. Another just cause of complaint,

he complains of. The registrar first sits alone
and goes through all the cases, carefully swearing
the bailiff as to having duly served the several
summonses. Where the parties appear and agree
to take his judgment, the matter is soon settled;
if neither appears when called on the case is
struck out, but it is where the plaintiff or
his agent alone appears that most care is
observed. The plaintiff or his agent, as may
be, proves the debt on oath, and the defendant is
called three times, and every care used that
plaintiff shall not unduly snap a judgment in his
absence. Then the order is made, as in the case
of an undefended action, forthwith, or by instal-
ments, after the registrar has made inquiry as to
the circumstances and means of payment which
defendant has. The judge then takes all cases
which the registrar has doubts on, or understands
will be disputed. My own experience teaches me
that where rightly used and by the right sort
of person as registrar, this auxiliary power lately
conferred on him to act as a quasi judge in cer-
tain cases is of great assistance to the judge, and
very much valued and appreciated by both plain-
tiff and defendants, and everyone who has to
visit these courts. But, as I said in the first
place, the overcrowding courts with business too
often leads to its being done in a hurried, slovenly,
and undignified manner.

REGISTRAR OF A SOUTH-WESTERN SMALL
COUNTY COURT.

108. WILL.-A. a lodger of B. is one of the attesting daughters of B. and sole legatee under his will. Does the marriage render the bequest to C. void?

S.

109. TURNPIKE TOLLS.-B., a turnpike gate keeper, arranged with H. that he should pay his toll weekly. H. went through the gate daily, no toll being demanded until the end of the week as agreed, then B. demands an excessive amount for the toll on the Wednesday previous, this was immediately objected to by H., who claimed exemption, but ultimately paid the sum demanded and told B. he should summons him. H. accordingly summoned B. for "demanding and taking toll," the magistrates held H. was not liable for the amount claimed, but dismissed the summons on the ground that H. ought to have claimed exemption when the horse and cart went through the gate, whether toll was then demanded or not, and that they could not convict B. for demanding and taking the toll for a horse that had gone through the turnpike a day or two before. Is this ruling right? If so, it seems parties contracting as above are liable to great risk of imposition on the part of turnpike gatekeepers, and are without K. T. remedy.

(Q. 99.) CONSIDERATION FOR A PROMISE-OSTLEE'S FEES.-Undoubtedly C. caunot recover. In Chitty on Contracts, p. 43, it is stated that "where the only con sideration for the defendant's promise was the promise of the plaintiff to do or his actually doing, something to do which he was previously bound either to the defenbeing merely gratuitous, is not binding in law." And dant or to a third person, such promise of the defendant as C. was bound to attend to the horse of A., even with out any remuneration, the promise of A. was merely gratuitous, and, as such, not binding.

A. C. W.

into Parliament ou the death of Mr. Tidd Pratt, having (Q. 101.) FRIENDLY SOCIETIES.-The Bill introduced for its object the abolition of the office of registrar of friendly societies, was subsequently withdrawn and a royal commission granted on the motion of Mr. E. M. Richards, the member for Cardigan, for inquiring into the working of the existing Friendly Society Acts previous to any alteration being made in the law. This commission has not yet made its report. The existing statutes affecting friendly societies are the 18 & 19 Vict. c. 63; 21 & 22 Vict. c. 101; and 23 & 24 Vict. c. 58. Mr. A. K. Stephenson, of 23. Abingdon-street, Wes shortly after Mr. Tidd Pratt's death, aud he still holds minster, was appointed revistrar of friendly societies the office.

FEES. The legal profession are much indebted to you for the columns placed at their disposal for the purpose of discussing questions of professional interest and points of practice. Some of your correspondents, however, abuse your kindness to a reprehensible extent. Two instances in to day's LAW TIMES may sufficens illustrations. "F.W.G." writes that he "always imagined the fee for each oath (for obtaining probate or administration) to be 2s. 6d., and 1s. for each exhibit, with a fee of 68. 8d. where there is an administration bond," although the anthorised scale is well known to be as follows: Oath 18. 6d.. exhibit 1s., bond 1s. 6d. Imagination is very useful to a poet or a novelist, but it cannot be accepted in preference to a scale of fees issued by authority, and perfectly familiar to all solicitors who practise in Her Majesty's Court of Probate. Your correspondent goes on to say, "Some contend the fee for each oath is only 18. 6d." The question of the amount of the fee is not open to contention; it is a fixed amount, EPPS'S CHOCOLATE.-"Nous n'avons en France qu'une which cannot be varied at the caprice of our seule usine où la préparation du Cacao emploie un imaginative friend, but which every commissioner matériel et un personnel aussi considérables que ceux is bound to accept. Again, Query 97 is as follows: que nous avons vus dans l'usine de Messieurs Epps C'est une véritable curiosité dans son geure que cette "What is the proper stamp on an assignment of immense fabrique." "-La Situation (the Imperialist a policy of assurance on a life-the amount is organ). The wrapper of each cake of Chocolate is £1000 ?" The amount of what? The sum secured labelled "JAMES EPPS & Co., Homoeopathic Chemists, by the policy, or the consideration for the assign. London." Also, makers of Epps's Milky Chocolate ment? If the latter, is the transaction a sale or

(Chocolate and Condensed Milk).

W.

Sunderland, Gepp of Chelmsford, Winterbotham

V. PRANCE, ESQ.

of Cheltenham, Blandy of Reading, Pearce of THE late Vaughan Prance Esq., solicitor, of 69,
Southampton, Lee of Winchester, Winterbotham Lincoln's-inn-fields, whose death has just been
of Stroud, Bodenham of Hereford, Tindal of Ayles- announced, as having taken place at Cann's Field
bury, Longmore of Hertford, Maule cf Hunting- House, Taunton, after a long illness, in the fifty-
don, Monckton of Maidstone, Chamberlin of Yar- fifth year of his age, was born in 1816, and was
mouth, Markham of Northampton, Sanderson of admitted a solicitor in Easter Term, 1841. He
Berwick-on-Tweed, Dees of Newcastle-on-Tyne, practised for many years in New Bridge-street,
Enfield of Nottingham, Davies of Haverfordwest, Blackfriars, and was extensively connected with
Williams of Rhyl, Peele of Shrewsbury, Josselyn several public companies.
of Ipswich, Greene of Bury St. Edmunds, Small-
piece of Guildford, Howlett of Brighton, Harrison
of Kendal, Meek of Devizes, Crust
of Beverley;
Tomlin of Richmond (Yorkshire). Buchannan of
Whitby, Walker of York, Saul of Carlisle, Phillips
of Stamford, Croome of Caincross, and Turnley of

Bedford.

It was mentioned by the secretaries that steps had been taken to obtain the signatures of members of the Bar to a petition in support of Sir Roundell Palmer's resolutions, and that the petition which was in course of signature by solicitors practising in the county of Middlesex and in the city of London had, as nearly as could be ascertained, been signed by about 1500 solicitors; also that similar petitions had been signed by upwards of 2000 solicitors in various other counties (exclusive of the counties of Stafford, Warwick, Chester, and Lancaster, the returns from which were not known, owing to the unavoid able absence from the meeting of the gentlemen by whom they were being canvassed).

A MEETING of this society was held at the Law
Library, Parliament-street on Tuesday evening
Feb. 13. J. D. Sibree, Esq., Solicitor, occupied the
chair. The question for discussion was, "Is a
landlord liable in trespass who forcibly enters
upon demised premises, and ejects a tenant holding
It was also mentioned that the following peti-
over after the expiration of his term? (Newton v
tions had been sent to the following members of
Harland, 1 M. & G. 644; Harley v Bridges, 14 Parliament for presentation to the House of Com-
M. & W. 437.)" Mr G. P. Spink, argued in the
affirmative; and Mr A. Wray, in the negative. solicitors practising in Oxfordshire, Berwick-on-
mons:-To Sir Roundell Palmer: Petitions from
After considerable discussion the question was
Tweed, Shaftesbury, Ormskirk, Wigan, Burnley,
decided in the negative, by a majority of three.
On Tuesday evening last, the President, H. Cook, Northwich, and Middlewich. To Mr. Hornby: A
Esq., occupying the chair, the Secretary announced petition from solicitors practising at Blackburn.
that intelligence had been received from the In-To Sir E. M. Buller: A petition from solicitors
corporated Law Society that Mr. J. Cook had practising at Congleton.
obtained the third place in honours, and the first
prize of that society; whereupon a vote of con-
gratulation was passed to Mr. Cook with accla-
Mr. J. T. Woodhouse then introduced for dis.
cussion the question of legal education, and
moved, "That the proposals of the Legal Educa-
tion Association are the best of all present schemes
for the improvement of the profession." Mr. J.

mation.

0. Jacobs seconded the motion, which was sup ported by Messrs. Spink, Wray and Pearce, and opposed by Messrs. J. Cook and Glover. After a lengthy and animated discussion the motion was carried by a large majority. A petition to the House of Commons in favour of the establishment of a public school of law in the metropolis was adopted, signed by the members, and will be forwarded to Sir Roundell Palmer for presentation. A vote of thanks was passed to the chairman, and the meeting adjourned.

ARTICLED CLERKS' SOCIETY. A MEETING of this society was held at Clement'sinn-hall, on Wednesday, the 21st Feb. inst., Mr.

Hanhart in the chair.

Mr. Whale moved :-"1. That it is desirable, in the interest of the legal profession, and the public, that a school of law should be incorporated in London, and that the benefits of the course of study and examinations to be afforded by such school, should be offered to all classes of students who may desire to take advantage of them, whether intending or not intending to follow the legal profession in any of its branches, and whether members or not of any of the Inns of Court. 2. That the passing of suitable and duly-conducted examinations should be made indispensable to the admission of students to the practice of the law in all its branches."

The resolutions were carried nem con, and it was resolved to prepare a petition for presentment to the House of Commons by Sir Roundell Palmer.

LEGAL EDUCATION ASSOCIATION. Ar a meeting of the executive committee, held on the 16th inst, at the rooms of the Juridical Society in St. Martin's-place; present, Sir Roundell Palmer, Q.C., M.P., in the chair; also Messrs. Aldridge, Bryce, Clabon, Cobb, Francis, Janson, Longbourne (hon. sec.), Senior, Wilberforce, Williams (hon. sec.) &c., the result of the deputa tion from the association to the Prime Minister was communicated to the committee, and arrange. ments were made for supporting the resolutions to be moved by Sir Roundell Palmer in the House of Commons, on the 1st March, in favour of the establishment of a central school of law.

The following leading solicitors in various parts of the country were elected members of the council, which already comprises many of the most eminent members of both branches of the legal profession: Messss. Davenport of Oxford, Smith of Truro, Oldman of Gainsborough, Wightwick of Canterbury, Pearse of Bedford, Simpson of Derby, Radcliffe of Plymouth, Ford of Exeter, Ellis of

Since the meeting above referred to took place, petitions from the solicitors practising in Worcestershire, Nottinghamshire, Pembrokeshire, Manchester, Stockton-on-Tees, Altrincham, Bol. ton, and Staleybridge have been sent to various members of Parliament for presentation to the House of Commons; also petitions from the Incorporated Law Societies of Bristol, Plymouth, and Newcastle-on-Tyne, and it is believed that similar petitions will be presented by other Incorporated

Law Societies.

E. H. REED, ESQ.

THIS gentleman, of whom we have already given a short notice, besides practising in the old Insolvent Debtors' Court and in the London Bankruptcy Court, was also much engaged in appeal cases before the Lords Justices, and the way in which he argued the cases committed to his care was marked with great ability and experience of the bankruptcy law. Besides his legal attainments, Mr. Reed was most fluent in writing poetry; and in early life he published several songs in conjunction with the late Alexander Lee and Mr. George Linley. His character was marked by singular frankness and kindliness of heart, and he to domestic life. The deceased gentleman leaves a widow surviving and four children, two of whom are sons, one a student of the Middle Temple, the other articled to a solicitor. Besides his relatives, a very large circle of friends, amongst the profession and otherwise, will lament his death, which is believed to have been partly caused by the constant strain of work which he had to get through.

was a most kind and attached man in all that relates

T. PRICE, ESQ.

THE late Thomas Price, Esq., solicitor, of Abchurch-lane, City, who died at his residence, 1, Oliver's-terrace West, Mile-end, on the 1st Feb., in the fifty-third year of his age, was the youngest son of the late Joseph Price, Esq., of Mile-end, Middlesex. His mother was Mary, daughter of John Ansell, Esq., of Enfield, Middlesex. He was born at Mile-end in the year 1819, and was educated at Grammar School at Ham, near Richmond, Surrey. He was admitted a solicitor in Hilary Term, 1851, and was appointed in 1856 to the office of clerk to the vestry of Mile-end Old Town, the duties of which he fulfilled down to the time of his death. Mr. Price lived and died unmarried,

and his remains were interred in the Tower Hamlets cemetery.

Upwards of 2760 signatures have been obtained to the petitions which are in circulation in the various counties of England and Wales, exclusive of London, Middlesex, Lancashire, Cheshire, Staf- PROMOTIONS & APPOINTMENTS. fordshire, and Warwickshire.

LEGAL OBITUARY.

[N.B.-Announcements of promotions being in the nature of advertisements, are charged 2s. 6d. each, for which postage stamps should be inclosed.]

MR. ALFRED TOLHURST has been appointed by the Lord Chancellor a Commissioner to Administer Oaths in Chancery in England.

Mr. Horatio Dain, of 19, Great George-street, Westminster, has been appointed a London Commissioner to Administer Oaths in Common Law.

THE GAZETTES.
Bankrupts.

Gazette, Feb. 16.

To surrender at the Bankrupts' Court, Basinghall-street. Pet. Feb. 14. Rez. Spring-Rice. Sol. Oaks, Piccadilly. Sur. Feb. 29 HOLLIS, CALEB EDWARD, desler in timber, Lombard-st, and Offord-rd, Barnsbury. Pet. Feb. 13. Reg. Murray. Sol. Jennings, Leadenhall-st. Sur. Mar. 3

F. BRODIGAN, ESQ.-ADDENDUM. THE late Mr. Brodigan was the head and representative of one of the most ancient and distinguished of original Celtic Irish families, the O'Rudicans, O'Rodigans, or Brodigans, who are traditionally said to have sprung from Colla da Crisch, nephew of Fiacha (one of the Kings of Ireland towards the close of the third century of the Christian era), one of whose descendants was Dermond O'Rudigan, bishop of Ferns, who died about A.D. 1048 (see Ware, "O'Halloran and O'Duggan.") According to Sir Bernard Burke's GARSTIN, CHRISTOPHILUS, no occupation, Regent.st. "Dormant and Abeyant Peerage," from intermarriage with the Cheevers family, of Macetown Castle, co. Meath, the late Mr. Brodigan was a lineal descendant, in the maternal line, of Vis- LONDON, ELIZ BETH SARAH, draper, Central-st, St. Luke's, and count Mount-Leinster and Baron Bannow, in the Peerage of Ireland. Although specially included in the "Articles of Limerick,' Lord MountLeinster did not avail himself of the benefits of that capitulation in his favour, as he retired to the Court of St. Germains, where he died without male issue. His only brother, Jerome Cheevers, married, and had two sons, Christopher and Francis. The former died unmarried, but Francis Cheevers, the younger, married Jane Cosgrave, and had a son, William, slain in the revolutionary war with America, and five daughters, the eldest of whom married Colombo Brodigan, and had a son, cis, father of the late Francis F. Brodigan, Esq., MCMILLAN, SAMUEL, saddler, Manchester. Pet. Feb. 14.

of Pilton.

W. V. HUNTER.

Fran

Ramsgate. Pet. Feb. 14. Reg. Hazlitt. Sol. Mason, Gresham-
st. Sur. March 1
TAYLOR, JOSEPH, leather seller, Well-st, Hackney. Pet. Feb. 14.
Reg. Spring-Rice. Sol. Summerlin, South-st, Finsbury. Sur.
Feb. 20
To surrender in the Country.
BETHWAITE, JOHN, quarryman, Sandwith. Pet. Feb. 14. Reg
Were. Sur. Feb. 28
BICK RSTETH, FREDERICK LANGDALE, insurance broker, New-
castle. Pet. Feb. 10. Reg. Mortimer. Sur. Feb. 28
DARLING, JOHN, grocer, Scarborough. Pet. Feb. 14. Reg.
Woodall. Sur. March 6

DE GROOT, MAURICE ALEXANDER, importer, Birmingham. Pet.
Feb. 12. Reg. Chauntler. Sur. Feb 28
DINNICK, CHARLES RICHARD SLEEMAN, builder, Devonport
Pet. Feb. 14. Reg. Pearce. Sur. March 6
HOLDEN, GEORGE, jun., merchant, Liverpool. Pet. Feb. 13. Reg
Watson. Sur. Feb. 27
HYMAN, MORITZ, clothier, Liverpool. Pet. Feb. 15. Reg. Watson.
Sur. Feb. 27
Reg.
Kay. Sur. March 8
SOUTHCOMBE, ROBERT ROBINS, outfitter, Plymouth. Pet. Feb.
13. Reg. Pearce. Sur. Feb. 28
WILLIAMSON, JOHN STONEHOUSE, farmer, Sparken-hill Farm,
neur Worksop. Pet. Feb. 8. Reg. Wake. Sur. Feb. 29
Gazette, Feb. 20.

To surrender at the Bankrupts' Court, Basinghall-street.
LE PERRIER, PAUL CONSTANT, merchant, Botolph-la.
Feb. 16. Reg. Murray. Sur. March 5

To surrender in the Country.
BAKER, JAMES, baker, Lewisham. Pet. Feb. 14.
Farnfield. Sur. March 4

THE late William Vary Hunter, Esq., Writer to
the Signet, of King's Muir, Peebleshire, N.B., who
died on the 18th Jan., in the 33rd year of his age,
was the youngest son of the late John Hunter,
Esq., auditor of the Court of Session, by Helen,
daughter of the late Mr. Richard Vary, Clerk of BARKER, JAMES, tailor, Reigate. Pet. Feb. 17. Reg. Rowland.
the Peace for Lanarkshire. He was born in Edin-
burgh in the year 1839, educated at the Universi-
ties of Edinburgh and St. Andrew's, and was
admitted a Writer to the Signet in 1861. The
deceased gentleman was unmarried, and his re-
mains were interred in the Dean Cemetery, Edin-
burgh.