« EelmineJätka »
(Per Chief Justice Cockburn, in Wakefield Board of Health v. West Riding of Yorkshire, &c., Railway Company, 6 B. & S. 802). In Rn. v. Richmond Justices (8 Cox C. C. 314), a person was convicted, under the 7 & 8 Geo. 4, c. 30 (Malicious Trespass Act), by justices who were personally interested. The accused was represented by an attorney, but neither he nor his attorney made a'iy objection to the justices at the time, and there being no affidavit that they were ignorant of the justices' interest at the time of the conviction, the court refused to quash it. The maxim does not apply to avoid the award of a referee to whom. though neressarily interested in the result, parties have contracted to submit their differences : (Ranger v. Great Western Railway Company, 5 H. of L. Cas. 72.) If, however, at the time of the submission, it was not within the knowledge of the party objecting to the award that the arbitrator was personally interested, it is not supposed that the court would refuse relief. “It is contrary to reason that an arbitrator or umpire should be the sole and uncontrolled judge in his own case: (Per Parke, in Re Coombs, 4 Ex. 811.) In Ranger's case above, it was patent on the face of the contract which contained the submission, that the arbitrator was really interested.
Index of Subjects to the Twelve Volumes of Treaties and Conventions and Reciprocal Regulations at present subsisting between Great Britain anul the Foreign Powers, Sc. Compiled from authentic documents. By EDWARD HERTSLETT, Esq., Librarian,
Foreign Office. London: Butterworths. A LABORIOUS work of inestimable value to the statesman and to 1.wyers whose practice lies in the direction of international law. There are not many members of either branch of the Profession whose business requires acquaintance with the documents to which this volume is an index; but for those whom connection or accident inay require to make research into the documents that contain the terms of our relationship with foreign states, it would be impossible to estimate the value of a publication that enables them to find with ouse what otherwise it wonld be a matter of formidable labour to discover. It will be an essential part of the reference-book shelf of every good library.
for that which was indigenous, and had its roots in the ideas, traditions, and manners of the people, had ever since the transfer of the Dewanny"--which Mr. Torrens refers to fully (see pp. 60, 61, and 62)—“ been steadily going on. Under the advice of Hastings it was completed by the Regulation Act in 1773, the third clause of which constituted the High Court of Judicature at Calcutta with a chief justice and three puisne judges, clothed with plenary power, both of first instance and of appeal in all cases, whether civil or criminal, Four English lawyers took their places the following year on the new judgment seat, their chief being the early friend o. Hastings, Sir Elijah Impey."
None of the merits of the European judges are descanted upon by our author, who heartily condemns their intrusion upon the functions formerly discharged by natives. At the close of his work he treats of the local administration of justice in the nonregulation provinces, which still remains, for the most part, in European hands. "The main fact,” he says, “stares us in the face, that not one in a hundred of the ligher judges has been born or bred in the country whose disputes he is empowered to determine, and whose inhabitants he may fine, flog, in prison, or imporеrish at his individual discretion.” It is not stated affimatively that this actually happens, but according to Mr. Torrens, “ the young gentleman from England" has rery difficult duties in deciding native disputes, whilst in a great number of districts the collector or district commissioner still exercises the functions of a vice-chancellor and puisne judge. This individual is usually a soldier, and, asks Mr. Torrens, “What would the people of London think, if a cavalry officer were made recorder, à colonel of marines common serjeant, and a first-class prizeman in gunnery appointed to preside at Bow-street?” This illustration is a little far-fetched, but we cannot dispute our author's conclusion, that “in matters of judgment, justice and mercy, any qualitications or disqualifications, are still deemed immaterial in India ;” or, further, that “the people must be idiots to reverence law so administered .... it will hereafter be at the door of Parliament, if, having undertaken the government of an ur. represented empire, it fails to reform the administration of justice thoroughly, and in a sense conformable to Indian public opinion.
It being our peculiar province to notice the legal portion of Mr. Torrens's volume, we have confined ourselves to our task; but we must confess that the pages devoted to this branch of his subject are the least attractive, and we have perused the entire work with great interest. The theme is one not easily rendered pleasant to English readers; but beyond a doubt the condition of our “ Empire in Asia” must soon force itself inore prominently upon public attention. The murder of a viceroy and a judge should bave brought about this result, but we doubt whether it has, and the lessons which Mr. Torrens teaches us cannot fail to be of practical service.•
The E.npire of Asia. By W. M. TORRENS, M.P. London: Trübner
and Co. Tuis is an historical work of considerable value, shoiring the acquisition and growth of our Eastern Empire from A.D. 1757 to 1858. Mr. Torrens is too well known as a clear and even a picturesque writer to require that we should eulogise his literary attainments ---a matter not altogether within our sphere. We prefer to turn at once to those portions of his work which are of interest to lawyers.
Mr. Torrens brings forward very forcibly some serious charges against the administration of the law in India. An excellent ancient legal institution appears to have been the pun. chayes. This was a tribunal comprising a jury and a president. The manner in which the members of the punchayet were chosen depended upon the nature of the cause in issue; a feature wbich does credit to whoever suggested it, and by means of which justice might be obtained more frequently than it is in this country.
the members named by unirersal suffrage, and the panel unrestricted as to rank and creed, whilst the right of challenge extended to any person whom either party might deem unfavourably disposed. The wrong - headed spirit which would appear to have controlled our government of India for a considerable period considered it wise to abolish this municipal institution, and “instead of the native punchayet,” says Mr. Torrens, “there was established an arbitrary judge; instead of men being tried when accused, or appealing when wronged, to an elective jury of their fellow-citizens, they must go before a stranger, who could not, if he would, know half what every judge should know of the men and things to be dealt with.” The result of this change is graphically described :-“ Instead of confidence there was organised distrust; instead of calm, popular, unquestioned justice, there was substituted, necessarily, imperfect inquiry, hopelessly puzzled intelligence, all the temptations to indolent inattention, and all the liabilities to conscious mistake; the mute despair of injustice suffered, or the gnashing of teeth at irreparable wrong-not the less wrong when inadvertently and unintentionally done. A settled purpose was disclosed of substituting rudely the arbitrament of foreign officials, guessing at the facts through interpreters, and stumbling over habits and usages it must take
a lifetime to learn, but which every native journeyman elder could recall without effort
THE STOCK MARKETS.
City, THURSDAY, FEB. 29. The generally better tendency in the value of public securities for several days past has indicated the course of public opinion upon the question of the arrangement of our dispute with the United States, which is still the principal influence to be taken into account in writing upon the Stock Markets. The more prominent journals on the other side of the Atlantic encourage both countries to hope that a peaceful solution of the difficulty may be fairly anticipated, and the impression that such will be the issue gains strength here also. This matter, therefore, being as good as set aside for the present, other circumstances are, as a rule, favourable. The Bank of France has reduced its rate of discount to 5 per cent., and our own Bank rate remains at 3, with only a small commercial demand for money. The drain of gold to the Continent and South America continues, but is of no consequence so far. More or less of holiday-making since last Thursday, in consequence of the “ Thanksgiving Day on Tuesday, has kept business within small limits, and Monday, yesterday, and to-day hare been devoted to the settlement of the fortnightly account. The contango rates have been generally light owing to a short supply of stock and plenty of money being available.
The British Funds show no change for the week. The Consol settle. ment takes place to-morrow, and the continuation rate is only a little over 1 per cent., in consequence of there being large bear accommts open. Bank Stock has risen 1 per cent., and the Indian Five per Cents. and Four per Cents., are better.
A decidedly firmer tone has prevailed in the American market, and the principal movement has been å rise of 4 in Erie Railway Shares, on the rumour that Mr. Jay Gould has offered to resign his connection with the ring, if a promise is given that he shall suffer no molestation from the law. The Funded Loan has improved !; and the 5-20 Bouds of 1852, and the 10.40's.
The publication of remarkably good traffio receipts, coupled with the anticipation that they may be still better next week, arising from the large numbers which have travelled to and from London during the last few days, gave a decided upward impetus to prices yesterday; the rise in the case of the North British reaching nearly 3 per cent. All the changes in prices, without exception, for the week are favourable, the more prominent being an advance of 4 in North British ; of 2; in Midland; of 1} in Caledonian; 14 in Great Northern, Metropolitan, and North-Eastern Consols; and of 1 in Great Eastern, and Manchester and Sheffield, &c.
author most properly observes that “no wise or just historian will note these things without expressions of wonder and condemnation." But the course so condemned has been ever growing, fostered in its infancy by Warren Hastings, and protected and expanded by subsequent bome Governments. To quote Mr. Torrens, “the substitution of an exotic system of jurisprudence
A considerable improvement has also been established for the week in foreign stocks, with the single exception of Spanish, which is lower, buyers holding aloof from this stock in consequence of the chronic muddle which seems for ever to characterise the ministerial arrangements at Madrid. Brazilian New Five per Cents. are 1 higher; Egyptian Seven per Cents. of 1868, 14 ; Peruvian Six per Cents. of 1870, 1; French Morgan, 1; the French National, Italian, Turkish Six per Cents. of 1865, and ditto Six per Cents. of 1869, $, &c.
The political atmosphere having somewhat cleared, the check to the introduction of new undertakings is removed and activity in the formation of new projects is again apparent. A new Russian and Japanese loan are shortly expected.
In the General Discount market the ruling rate for fine three months' bills is 27 per cent. There have been no operations in bullion at the Bank this day. Money has been in considerable demand at the Bank to day by the brokers, chiefly in connection with the Stock Exchange settlement.
A new undertaking is introduced to-day, entitled the Central Swedish Iron and Steel Company (Limited), with a share capital of £325,000 in 6500 shares of £50 each. The objects of the company are stated to be the purchasing of two very valuable freehold estates called Bjorneborg and Frotuna, in the provinces of Vermland and Nerike, in the great iron district of Central Sweden, with the iron works, mineral rights, forests, and other important interests connected therewith; and to bring into more effective operation the great resources of those estates, by enlarging the present works, and erecting additional works, for the manufacture of the finest Bessemer steel from the ores of the celebrated Persberg and other mines, owned with the estates. The estates are shown to be favourably situated on railways, which connect them with each other, as well as with the mines to be worked and the shipping ports, distant within half an hour of the works. They have the further advantages of being within seven hours of Stockholm and Gothenburg, forty hours of St. Petersburg, Dantzic, &o., and fifty-five hours of Hull and London. The water power and low wages are pointed out as advantages ; and it is stated that Mr. Forbes, the consulting en. gineer, will remain to fulfil what he has promised. The quotation is 2 to 2) premium.
An undertaking, under the title of The Welsh Freehold Coal and Iron Com. pany (Limited), is announced, with a capital of £155,000, in 31,000 shares of £5each. This company is formed for the purpose of purchasing and working a freehold estate, containing 1300 acres, or thereabouts, with all the veins or seams of coal, ironstone, fire clay, and other minerals, situated in the parishes of Baglan and Michaelston-super-Afon, in Glamorganshire. The minerals form the principal value of this property, which is almost in the centre of the South Wales Mineral Basin, and is well known to contain nearly all the coal and ironstone existing in South Wales.
The latest quotations for British Funds are as follows: Consols, 92% to 92}; Reduced and New Three per Cents., 923 to 92); Exchequer Bills, 23. to 6s. prem. ; India Five per Cent. Stock, 109} to 110; India Four per Cent. Stock, 105 to 1051; India Enfaced Paper Four per Cent.,
96 to 96}; ditto Five and a Half per Cent., 1074 to 108*'; Bank of Enge land Stock, 248 to 250 ; Metropolitan Three and a Half per Cent., 961 to 974; and French Rentes in this market, 557 to 55.
The price of French Rentes received from Paris this morning was 56f. 500. Market flat.
In the market for American Securities, the United States 5-20 Bonds of 1882 are marked 91} to 92; ditto, 10-40 Bonds, 884 to 883; Erie Railway Shares, 31 to 314; Illinois, 108} to 1093 1 and United States Funded Loan 89 to 894.
In the Railway Market the prices are :-Caledonians, 116to 117; Great Eastern, 49 to 50 ex div. ; Great Northern, 135 to 135: ex div. ; ditto, 9, 156 to 156) ex div. ; Great Western, 113 to 1131; Lancashire and Yorkshire, 156 to 156} ex div. ; Londo and Brighton, 751 to 76 ; London, Chatham, and Dover, 261 to 27 ; London and North - Western, 1543 to 1554 ex div. ; London and South-Western, 111 to 112 ; Manchester and Sheffield, 73 to 73} ; Metropolitan, 68 to 68.} ; ditto District, 331 to 331 ; Midland, 1414 to 1414 ex. div. ; North British, 61 to 61}; North Eastern Consols, 183 to 183} ; South-Eastern, 961 to 97 ; South-Eastern deferred, 76} to 77 ; Grand Trunk of Canada, 19} to 20; Great Western of Canada, 20 to 21 ; Antwerp and Rotterdam, 181 to 19); Great Luxem. bourg, 16% to 17; and Lombardo Venetian, 18% to 18%.
The prices of the principal Foreign Stocks are recorded thus:-Argentine, 1868, 94 to 944; do., 6 per cent., 1871, 95 to 95}; Brazilian, 5 per cent., 1865, 97 to 98; do., 5 per cent., 1871, 95 to 95%; Egyptian, 7 per cent., 1868, 841 to 85 ; do., Viceroy Loan, 86 to 88; do., Khedive Mortgage Bonds, 783 to 78%; French Morgan 6 per cent. Loan, 99% to 1004; do., National, 5 per cent. Loan 7% to 7 pm. ex. div.; Greek 5 per cent. Stock, 14to 15'; Italian of 1861, 653 to 66; Mexican, 147 to 15; Paraguay 8 per cent. Loan, 84 to 84} ; do. Sorip, 4 to 41 pm. ; Peruvian, 5 per cent. 1865, 961 to 97; do., 6 per cent. 1870, 801 to 80%, Russian, 5 per cent. 1871, 93 to 94; do. Nicolai Rail., 754 to 764 ; Spanish, 31% to 31}; do. Quicksilver, 804 to 812 ; do. 3 per cent. 1871, 311 to 31%; Turkish, 5 per cent. 1865, 493 to 494 ; do. 6 per cent. 1865, 64} to 65 ; do. 6 per cent. 1869, 603 to 60%; and do. 6 per cent. 1871, 72 to 73.
In the Telegraph Market, Anglo-American Stock is quoted at 119 to 120 ; Anglo-Mediterranean, 165 to 167; British Australian, 83 to 9%; British Indian Extension, 114 to 11} ; ditto Submarine, 10 to 104 ; Chinas, 9 to 94; Cubas, 8 to 84; Falmouths, 11% to 11%; Great Northern, 15% to 164 ; Marseilles, 81 to 9; Mediterranean Extension, 4 to 5}; French cables, 247 to 24 ; Reuter's, 101 to 11}; West India and Panama, 6 to 6..
In miscellaneous shares prices are as follows :-British and Foreign Tramways, 3 to 4 pm. ; Credit Foncier of England, 44 to 5% ; Crystal Palace Preference, 104 to 109; General Credit and Discount, 2; to 23 pm.; Hooper's Telegraph Works, 2 to 3 pm. ; Hudson's Bay, 9 to 10g; International Finance, par to 5 pm. ; Indiarubber and Gutta Percha, 43 to 45; National Discount, 13 to 13}; London Tramways, 11% to 12 ; Native Guano, 17 to 21 : New Lembrero Phosphate, 81 to 97; Phosphate Sewage, 35 to 37 ; and Telegraph Construction, 31 to 31.
NOTES OF THE WEEK. share was similarly settled. Various questions | extending across the whole shop, so that the entire
having arisen as to the construction of the will, weight of the floor above rested on the end of the COURT OF APPEAL IN CHANCERY. and in particular as to whether such income of beam inserted in the wall. The defendant com. Feb. 19 and 26.
the trust funds settled on the respective mar- plained that the new beam caused a settlement in
riages of Mrs. Clive and Lady Peyton, in respect his house, and threatened to cut off the end of the (Before the Lords JUSTICES.)
of their shares under the will as became first pay- beam. Thereupon the plaintiffs instituted the CLIVE V. CLIVE.
able after their respective marriages, was or was present suit praying for an injunction to restrain Will - Construction – Income – Apportionment- not apportionable, the present special case was him from doing so. The Vice-Chancellor held that Trust to accumulate till marriage-33 and 34 filed to obtain the decision of the court on the the plaintiffs' easement of support entitled them Vict. c. 35. point.
as owners of the dominant tenement to put any This was a special case, which was heard before Kay, Q.C. and Kingdon, for the plaintiffs, re- amount of weight on the wall which did not the Court of Appeal in the first instance in conse
ferred to Wheeler v. Tootell_(15 L. T. Rep. N.S. endanger its stability, and that the wall, either quence of there being conflicting decisions on the 529; L. Rep. 3 Eq.571), and Donaldson v. Donald. belonged to the plaintiffs or was a party wall, and point in question. By his will, dated the 23rd son (23 L. T. Rep. N. S. 550 ; L. Rep. 10 Eq. 635.) in either case they had made a proper use of it, Feb. 1859, Daniel Coggs Webb gave his residuary
Langworthy for the defendants.
and he granted the injunction accordingly. The personal estate to trustees upon trust to invest
W. W. Streeten for the trustees.
defendant appealed from this decision. and to pay certain annuities out of the income,
Lord Justice JAMES said that it was too late to Bristowe, Q.C. and Davey, for the appellant. and, subject to such payments, he directed his trus- unsettle what had been settled by a long course
Without calling upon. tees to stand possessed of all his residuary per
of authorities, and what had been confirmed by Cole, Q. C. and Ince, for the plaintiffs, and sonal estate, and the trust funds and securities the Legislature in the Apportionment Act 1870 Glasse, Q.C. and Magnaghten, for mortgagees for the same, and all the accumulations thereof, in (33 & 34 Vict. c. 35), and he must therefore hold of the plaintiffs : trust for and to be equally divided between his that there must be an apportionment up to the Lord Justice JAMES said that he was of opinion
that the decision of the Vice-Chancellor was pertwo grandchildren, Isabel Webb and Laura Sarah time of the marriages. Webb, as tenants in common, and he directed that
Lord Justice MELLISH concurred.
fectly right, and that the appeal must be dismissed the said respective shares should be respectively
Solicitors for all parties, Cope, Rose, and with costs. vested in his said two. grandchildren respectively Pearson.
Lord Justice MELLISH was of the same opinion. on their respectively attaining twenty-one, or
Solicitor for the appellant, Zachary Brooke, for upon their respective marriages, which should
Wheat, Sheffield. first happen. And the testator directed that if
Wednesday, Feb. 28.
Solicitors for the respondents, Doyle and either of his said two grandchildren should marry
SHEFFIELD IMPROVED INDUSTRIAL AND PROVI. Edwards, for Binney and Son, Sheffield. under twenty-one the trustees should settle her
DENT SOCIETY V. JARVIS. share so as to secure to her the yearly income Easement-Party-wall-Right to support-Buildthereof for her separate use, without power of anti
ing on party-wall.
ROLLS COURT. cipation, with remainder to the children of the This was an appeal from an order of Malins, V.C.
Feb. 12 and 26. marriage in the usual way; and he further directed The suit was one to restrain the defendant from that until the principal of the shares should interfering with the use by the plaintiffs of a wall
BLOOMER v. SPITTLE. become payable under the trusts of his will, the for the support of their house. The wall in ques. Mistake-Suit to reform deed-Delay. interest should, if the trustees should think right, tion divided the houses of the plaintiffs and defen- This was a suit to have a deed of conveyance of be paid and applied to and for the benefit of the dant, and it was disputed whether it belonged to certain property executed in April 1866 reformed, person presumptively entitled to the principal the plaintiffs with an easement of support in the by including therein the mines and minerals lying during her minority, and
if not so applied the same defendant, or to the defendant with an easement underneath the property conveyed, which had should be accumulated for the benefit of such per- of support in the plaintiffs, or was a party-wall. been excepted in the deed. It appeared from the son. The testator died in 1860. Isabel Webb mar. Before 1867 the ground floor of the plaintiff's evidence that it was the intention of the parties ried E. H. Clive before attaining twenty-one, and, by house was laid out with a passage and a shop, the that the mines and minerals should be included in an indenture dated the 10th Jan. 1867, her share passage being next the wall, and the floor above conveyance, and that the omission arose from an was settled in accordance with the directions con- the passage was supported by a beam inserted in the oversight on the part of the solicitors for the tained in the will. Laura Sarah Webb also married the wall. In that year the plaintiffs threw the purchaser, which was not discovered until the year Sir A. W. Peyton before attaining twenty-one, and, passage into the shop by removing the partition, 1870, when the vendor, the defendant Spittle (who by an indenture dated the 25th Nov. 1870, her i and substituted for the former beam a new one had died since the institution of the suit), caused an advertisement to be issued for the sale of the acquiescence on the part of the plaintiff as would fession and to the public by the name of "the mines and minerals. It was stated that the plain disentitle him to relief. There would, therefore, be Golden Ointment.” The defendant, on the other tiff, the purchaser, had expended a considerable an injunction to restrain the defendants from per. hand, insisted that golden ointment was a term sum of money in improvements on the property. mitting smoke and vapours to be emitted from well known to the trade or business of chemists
Southgate, Q.C. and Ince for the plaintiff. their works to the damage and injury of the or druggists, and that it had been so known Fry, Q.C. and Begg for the defendant. plaintiff.
for two centuries or more; that he had used Lord ROMILLY said he was of opinion that the Solicitors for the plaintiff, Markby, Wilde, and the word “ golden since the year 1839, and exception of the minerals from the land conveyed | Burra.
had advertised it ; that the plaintiff had no was a mistake common to both parties, and that Solicitors for the defendants, Pitman and Lane, right to it as a trade mark; and that even afterwards when Spittle became aware how the agents for Scholes and Brearey, of Dewsbury. if he had his (the defendant's) pots, labels, and conveyance was drawn he determined to deal with
so forth, had borne his name, and did not bear them as his own; but there was no case where the
the smallest resemblance to the plaintiff's pots court has altered a deed and forced it on a person,
Wednesday, Feb. 28.
and labels. The bill prayed for an injunction to and he could not do so in this case after the lapse of Telford v. METROPOLITAN BOARD OF WORKs. restrain the defendant from selling or publishing, time since the execution of the conveyance. His
or advertising for sale, any ointment or medical Lordship held that if the defendants did not con- Right of pre-emption-Scheme under Metropolitan preparation in the nature of the ointment, or sent to have the deed rectified, the transaction
Commons Act 1866, in contravention-Injunc- under any other title or description, and which must be set aside, the purchase money being
tion to restrain promotion of scheme.
should be an infringement of the title or designarepaid to the plaintiff with interest at 41. per cent., PLAINTIFF was entitled to lands, which had tion of the plaintiff's golden ointment. The plaintiff he being fixed with an occupation rent, and an been laid out for building, adjoining Tooting Beck now moved for an interlocutory injunction in the inquiry directed what lasting improvements had common, and was also entitled to an equitable terms of the prayer of his bill. been made by the plaintiff on the premises, and interest in one undivided twenty-fourth part of Greene, Q.C. and Cracknall, for the motion. the value ascertained and paid to him, and as he the manor of Tooting Beck. By an agreement Karslake, Q.C. and Bury, for the defendant. did not consider Spittle's defence an honest one, dated 10th July 1868, Hudson and Willis (in whom
The VICE-CHANCELLOR decided that, under the he would give the plaintiff his costs, although it the legal estate in the whole of the manor was circumstances, he would not grant an interlocu. was his own mistake. vested) agreed to sell the manor to Drew and tory injunction,
and directed the motion to stand Solicitors : W. H. Duignan; T. W. Goldring. Flower for £10,200, and by that agreement it was over till the hearing of the cause. provided that in the event of the commons belong.
Solicitors : J. G. Hepburn; W. H. Lammin. ing to the manor not being dedicated to the public Monday, Feb. 26.
as a pork, under the provisions of the Metropolitan Lands Clauses Act, s. 80-Proposal for re-invest
Commons Act 1866, and in such way that no part ment of purchase-money of trust property taken thereof should be at any time without the consent
Feb. 13, 23, and 26. by a railway company in purchase of other of the plaintiff and others be sold or let for any
KIRK v. THE QUEEN; TAE ATTORNEY. lands-Proposed purchase abortive-Title bad- purpose whatsoever; and so that no house or any
GENERAL v. KIRK. Costs.
other building should be erected on such common Government contract-Deviation from-Petition The London and North-Western Railway Com. except such building as might be neccessary for
of-Right-Information-Injunction. pany having taken certain property in Liverpool the maintenance of the park within five
years, subject to this trust for the purposes of their then at the expiration of five years the plaintiff Both of these cases came on to be heard on cross railway, the purchase-money was paid into court,
should purchase, and Drew and Flower should motions for interim injunctions under the follow. and
subsequently a proposal was made for the convey to him ono undivided twenty-fourth part ing circumstances : Mr. Kirk, a contractor, held purchase of other property in lieu thereof, and it of the
said manor for £125 ; and it was provided a contract from the War Office for the construc
tion of some barracks at Garrioch, near Glasgow. was referred to chambers to inquire into the title, that, Drew and Flower, as lords of the manor, Shortly after the execution of the contract difproposed purchase. now objected to pay the costs incident to such aforesaid Act, provided that the scheme was not Department as to the quality of materials, and as H. A. Giffard for the trustees. inconsistent with that agreement. The manor
to delay in the completion of the works, on which Speed for the railway company. was conveyed to Drew and Flower, and the pro
a great mass of evidence was adduced, the gist Lord Romilly held that under the 80th section visions of the agreement of the 10th July 1868 of Kirk's complaints being that the engineer of the Lands Clauses Act the railway company | Drew and Flower subsequently agreed to transfer exacted from Kirk's agents and workmen work
were incorporated with the deed of conveyance. officer in charge, constantly and continuously must pay the costs, which arose from the fact of their taking the land subject to the trusts for their purchase to the Metropolitan Board of Works of greatly superior description to that contentheir railway, and must bear the consequence.
upon the terms contained in the agreement of the plated by the contract, while the War Department Solicitors: Bower and Cotton ; Blenkinsop.
10th July 1868. In July 1869 the Metropolitan charged Kirk with endeavouring to supply both Board of Works presented a memorial to the In. materials and work of an inferior quality. The
closure Commissioners under the Metropolitan Department ultimately, under a clause in the conV. C. MALINS' COURT.
Commons Act 1866, praying that a draft schemo tract, served Kirk with notice to quit, and required might be prepared for the purpose of having then filed a petition of right praying the Queen to
him to deliver up possession of the ground. Kirk Friday, Feb. 23.
Tooting Beck Common dedicated to the public, issue her fiat/" Let a right be done, and also ATTY v. ETOVGH.
and drawing attention to the right of prePractice-Special case-Amendment. emption possessed by the plaintiff. In May praying for an injunction to restrain the Secretary
for the War preventing This was a special case which had been set down 1870 a draft scheme for the above purpose him from fulllling the contract, or from excluding for hearing, but before it came on to be heard, one
published ; of the parties, who was a woman, had been mar
and by one of the clauses it was proposed that him from the site of the works, and consequential ried. No settlement had been executed on the of Works to purchase and acquire all rights of the other hand, brought the case into Chancery on
it should be lawful for the Metropolitan Board relief and damages, while the War Department, on marriage.
Begg now applied er parte as to the course to be pre-emption possessed over the property, first an information filed by the Attorney-General, pursued for bringing the husband before the making compensation in the manner provided by praying for an injunction to restrain Kirk from court. Would an order to revive be sufficient, or
the Act; and that the board should have power to retaining possession, and also praying for similar would the court follow the course pursued' by sell or let a certain part of the common, which in relief and damages. Both parties now moved as Bacon, V.C. in Savage v. Snell (23° L. T. Rep. the plaintiff. A bill was accordingly filed, praying and Heniming, for the Crown. fact adjoined the building land which belonged to
The Solicitor-General (Sir George Jessel, Q.C.), N. S. 801) ? The VICE-CHANCELLOR said he should follow for an injunction to restrain the board from pro
Sir Roundell Palmer, Q.C., Osborne Morgan, the course taken in Savage v. Snell. The order moting or supporting the above scheme, or any Q.C. and Jackson, for Mr. Kirk. for setting down the original case must therefore the 10th July 1868, and from doing anything to other scheme inconsistent with the agreement of
The VICE-CHANCELLOR declined to grant the be discharged, and the case must be amended by prejudice the right of purchase reserved to the injunctions asked, and ordered both motions to making the husband a party.
plaintiff. Solicitor, J. Elliott Fox.
stand over to the hearing. Kay, Q.C. and Stevens for the plaintiff.
Solicitors : John Clulow (Solicitor for the War
Office); T. Clarke.
Board of Works, contended that this was an
attempt to restrain persons from applying to the Feb. 21, 22, and 23.
Legislature, in which case no injunction would be COURT FOR DIVORCE AND MATRIMONIAL SAVILE V. KILNER. granted.
Wednesday, Feb. 28.
(Before Lord PENZANCE, J.O.) This suit was instituted by Henry Savile to in terms of the prayer, with costs. restrain the defendants, the Messrs. Kilner, from Solicitors : Stevens ; w. W. Smith; Wilson, Wife's suit for judicial separation-Cruelty
LEE V. LEE. causing or permitting the emission of dense black Bristows, and Carpmael. smoke from their glassworks to the damage and
One set of allegations held proved against the injury of the plaintiff. The glassworks were first
husband, ond another set held not proved-Nero established in 1845, at which time there was only
trial obtained by the husband, and issue ordered
V. C. WICKENS' COURT. one furnace. In 1847 a second furnace was added.
to be confined to the allegations found against Feb. 22 and 23.
him. Between the years 1853 and 1863 seven furnaces had been added. The plaintiff made some com.
GREEN v. ROOKE.
In a suit for judicial separation on the ground of plaint of the nuisance to the defendants in 1862, Trade mark — Infringement - Motion for inter. cruelty, allegations were made by the wife of but it was not until 1866 that any formal complaint
acts of violence and communication of Fenereal
locutory injunction. was made, and the bill was not filed until 1869. This was a motion on behalf of the plaintiff in but found the second allegation in favour of the
disease. The court held the violence to be prored, The defence was that there was no such nuisance the above suit. The plaintiff claimed to be the husband. A new trial was applied for by the hus. as the court would take notice of, and that the proprietor of, and entitled to, the recipe for band on the ground of surprise, and the court plaintiff was by his acquiescence disentitled to the making a certain medical compound called.“ Dr. decided to grant a new trial. relief sought, and that at all events as to two of Johnson's,'' or Singleton's Ointment,” or the furnaces, the plaintiff's right was barred by gleton's Golden Eye Ointment,” known to the
Dr. Spinks for the wife, asked that the issue of the Statute of Limitations.
medical profession and the public generally by the communication of disease should be reopened; but Kay, Q.C., Dunning, and Mellor (of the Common namefo" the Golden Ointment.” The defendant The COURT, having taken time to consider Law Bar) were for the plaintiff.
had for some time past sold a preparation called decided that as the plea of surprise applied only Amphlett, Q.C. and Bagshawe for the defen. “ Dr. Rooke's Golden Ointment." The plaintiff, to the allegations of violence, the issue to be subdants.
however, complained that the defendant by using mitted to the jury on the new trial must be The VICE-CHANCELLOR was of opinion that a that name was infringing his right, and stated limited to the acts of violence and should not nuisance did exist, and that there was no such that his ointment was known to the medical pro.'embrace the communication of disease.
COURT OF BANKRUPTCY.
vided by the rules, to control the trustee's actions, Monday, Feb. 19.
but he could not think that these rules could Mr. RAIKES asked the Secretary of State for the (Before the CHIEF JUDGE.)
take from the court the power of examination and Home Department whether the Government in.
vest it in the trustee alone; leaving in the tended to bring in any measure during the present Ex parte CROSSELY; Re TAYLOR. court merely a sort of appellate jurisdiction.session dealing with friendly societies, and whether Power of local court of bankruptcy to order exami- Nor could it be successfully contended that the any report had been made or may be expected to nations upon the requisition of a creditor accident of the person who was to account being be soon made by the Royal Commission appointed Bankruptcy Act 1819, s. 120-Bankruptcy Act also trustee, could shelter him from the exami- to investigate this question.--Mr. BRUCE re1869, ss. 55, 58, 72, 78, 96.
nation; the relation of cestui que trust and trustee plied that some of the evidence that had been This was an appeal from an order of the judge of existed between the creditors and the trustee in taken on this subject had been actually reported, the County Court, held at Manchester, directing bankruptcy, and all questions arising with regard and he was informed that further evidence with one of two joint trustees of the bankrupt's estate to the bankrupt's estate were therefore eminently reference to it would soon be in the hands of to submit himself to examination. The facts of within the jurisdiction of the court. The present members. ' It was, however, not expected that any the case upon which the order was made are as complaint was that the trustee had not done his conclusion on the subject would be arrived at by follows : The bankrupt had been in business in a duty, and that question it would at any time be the commissioners during the present session, and large way as a merchant and commission agent at within the jurisdiction of the court to decide. It it would be absolutely impossible to attempt any Manchester. Early in the year 1871 he became to would be very hard if, on such a state of facts as legislation in the matter until the report had been a certain extent embarrassed in his affairs, and in the present, the judge could give no immediate made.--Mr. DODDS asked whether the report the month of March in that year he privately left and efficient remedy. The Chief Judgo said, in would refer to building societies.- -Mr. BRUCE this country for America, taking with him three conclusion, that he thought the decision arrived at said that the evidence taken before the commisbills of exchange, amounting to about £450 in all. by the judge of the County Court was perfectly sioners would include matters relating to building On the 31st March a bankruptcy petition was reasonable, and that he was bound to uphold it. as well as to friendly societies, but stated that the presented against him, the act of bankruptcy
Appeal dismissed with costs. report had not yet been printed. - Sir S. alleged being the fact of his having absconded
Solicitors for the appellants, Pritchard and En- NORTHCOTE: As chairman of the commission, I with intent to delay or defeat his creditors. glefield ; agents for Grundy and Cailson, Man. might state that the forthcoming report would Adjudication of bankruptcy was pronounced on chester.
refer to building but not to friendly societies. this petition on the 6th April, and on the 27th Solicitors for the respondents, Callen, Colley, April at the first meeting of creditors Crossely and Edwards; agents for Storer', Manchester.
PERSONAL EXPLANATION.-SIR ROUNDELL and Cumming were appointed trustees, with a com
PALMER AND SIR R. COLLIER. mittee of inspection, consisting of five members.
Sir ROUNDELL PALMER.-Sir, I hope the House The bankrupt on his way to America posted at
will permit me to say a few words by way of Queenstown a letter to Crossely (which he re- LEGISLATION AND JURIS- explanation with reference to a matter that occeived before his appointment to the office of
curred in the course of the debate on Monday last. trustee) enclosing one of the bills of exchange,
It may be in the recollection of the House that and the writer statod that the amount secured by
when my hon. and learned friend the member for the bill would settle an account owing by him
HOUSE OF COMMONS.
Tiverton began to address the House he stated, (the bankrupt) to Crossely and a brother in law
Thursday, Feb. 22.
with reference to the Bill which was before the of the bankrupt named Roffley. The bankrupt also wrote two other letters to different persons, MARRIAGE WITH A DECEASED wife's sisTER
House last summer as to the Judicial Committee,
that in the course of the debate on that measure inclosing the other two bills of exchange; and it was in respect of these three bills that one of the committee on this Bill, he would move that Mr. COLLINS gave notice that, on going into he was asked by some one to place an amendment
on the paper for the purpose of qualifying the creditors took out a summons to examine Crossely. bo given to the committee to divide the Bill into Attorney-General and ex-Attorney General, and The registrar of the County Court thought that he two parts-the one relating to so-called marriages when members of the Bar to be members of the
also the Solicitor-General and ex-Solicitor-General, had no jurisdiction to make an order for the ex. of that kind hitherto contracted, and the other to Judicial Committee; and he also stated that the amination, but the Judge was of a different such marriages hereafter contracted. opinion and made the order already stated, and
gentleman who made the application to him said which was the subject of the present appeal by
THE CHANCERY FUNDS BILL.
that such amendment was thought desirable by the trustees.
Mr. HUNT asked the Chancellor of the Exche. several persons, including myself, and that I felt De Ger, Q.C. and Winslow, for the appellants, quer whether any written communications had
a delicacy about proposing it because I was in contended that whatever might have been the passed between the Lord Chancellor, the Treasury,
ex-Attorney-General. I immediately felt it ry power of the court to order persons to submit to the Exchequer and Audit Department, the AC duty to state that that was the first time I ever examination under the old bankrupt law, it was countant-General in Chancery, the National Debt heard of such a thing, and that I never stated to plain, from sect. 96 of the Bankruptcy Act 1869 Commissioners, and the Bank of England, or any
any person that I was of opinion that such an that the court could now only make such an order of them, upon the subject matter of the Court of amendment should be introduced. Of course, I on the application of the trustee. The court Chancery Funds Bill; and, if so, whether he need not tell the House I have always been on provides an altogether different and distinct would have any objection to lay such communica- the best terms with my hon. and learned friend. machinery for investigating the conduct of the tions upon the table of the House ? — The CHAN: I was perfectly certain that he had stated with
If such an application as the present Cellor of the ExchequER.- The Chancery Funds accuracy the information which had been given to were to be allowed, no one would undertake the Bill is pretty nearly the same as the measure of him, nor could
I suppose that anyone would have office of trustee when it subjected him to ex. last year, in the framing of which we had commu- intentionally misrepresented me in conversation amination upon every trifling charge by a discon- nications with the Lord Chancellor, the Accoun: with my hon. and learned friend. I therefore tented creditor : (Bankruptcy Act 1869, ss. 55, 58 ; tant-General in Chancery, and the National Debt endeavoured to see whether there was anything G. R. 243–247.)
Commissioners. There were, however, no official that could explain the statement which had been Little, Q.C. and F. Knight, for the respondents, communications, and I am not aware that there made to my hon, and learned friend, and it did argued that the law of 1849 (12 & 13 Vict. c. 106, were any written ones. There has been no com
occur to me that there was a possible explanation, s. 120) per mitted the exercise
of this power, and munication with the Bank of England. We sent which on the same evening. I personally commuin so doing gave statutory force to what had the Exchequer and Audit Department a copy of nicated to him. He wishes that that same explaalways been acknowledged as a principle of last year's Bill, and yesterday received a commu
nation should be stated to the House, which I am the bankrupt law; nor in the Act of 1869 to curtail that power : tion to produce. was there anything nication from them, which I shall have no objec. very willing to do if the House will permit me,
(Hear, hear.) It was this-that while the Bill (Cooper v. Harding, 7 Q. B. Rep. 928.) Ex
was passing through Parliament, before it came parte Alexander (1 De G. J. & S. 311) is a dis.
to the state of the second reading here, I was tinct authority to prove that any creditor had the Mr. C. BENTINCK, in prefacing a question that almost daily in attendance upon the Judicial Comright to prosecute such inquiries as the present. stood upon the paper in his name upon the submittee in my professional capacity. When I am Sect. 96 Bankruptcy Act 1869 could not fairly be ject of the new designs for the new Courts of Jus. there I am in the habit, like other gentlemen, of said to restrict this right. Could it be said that tice, said that on the 21st inst. he had asked the talking to my professional friends and brethren because the section gives a right to A., it therefore Chancellor of the Exchequer whether Her Majesty's whom I meet in the room appropriated for the by implication takes the same right from B. P Sect. Government approved the designs which were Bar upon passing subjects of the day, and in the 78, and Rule 171 read together, clearly preserve to stated to have been accepted, and that the right course of conversation with a gentleman, whose the creditors this power of inquiry. They also cited hon. gentleman had stated that he did not approve name I do not at this moment know, and I have E parte Lawrence (1 De G. J. & s. 307). (The Chief those designs. He understood that during the vaca- not asked my hon. and learned friend the name Judge cited Rule 251.) Even granted that there tion-("Order, order.")-The SPEAKER pointed of his informant with reference to this Bill, after is another means of obtaining
information from out to the hon. gentleman that he was not it was understood that the full salaries which are the trustee, this by no means takes away the right entitled to make a speech upon the occasion. given to judges of Westminster Hall were to be to examine him as we contend we have a right to (Hear.). -Mr. C. BENTINCK believed that, ac- given to the new members of the Judicial Comdo.
cording to the rules of the House, he was entitled mittee, I perfectly remember to have expressed De Gex, Q.C. in reply.
to give any explanation of the question he in my own opinion that I no longer saw any reason The CHIEF JUDGE said that the new Bank. tended to put which did not lead to a controversy. for the restrictive qualifications in the Bill, and ruptcy Act was to be read by itself, and no powers What he desired to say was that he understood I was disposed to think that all persons whom which were not contained in it could now be that during the vacation certain alterations had the Queen has power to appoint judges in any of enforced ; all the powers which could be brought been made in these designs, and what he desired the Superior Courts of Law or Equity should be into action were to be found within the Act itself, to ask the right hon. gentleman the Chancellor of equally eligible for these new appointments. This and all the practice in bankruptcy was to be the Exchequer was whether that were the case; is, as far as my memory goes, what I said. No gathered from the sections and the rules. The and, if so, whether he would consent to exhibit man can pretend to recollect the exact words 6th and 72nd sections provided in terms that the altered plans in the library of the House of which passed in a conversation. What I said was could not be misunderstood what powers the Commons or elsewhere within the precincts of the not confidential. Those who heard were perfectly local bankruptcy courts were to hold. Could any. Palace of Westminster for the inspection of at liberty to repeat what I said. And I do not thing be found in the words of the 72nd section members of that House. The CHANCELLOR of intend to inpute to any person a misrepresentato control or prevent the power of this County the ExcHEQUER replied that although the plans tion. But if I was supposed to have expressed Court from deciding this question of law? The had been exhibited in the library of the House for an opinion in favour of so enlarged a qualification court had full power to set on foot any inquiries several weeks during last session, the House as that which would admit members of the Bar, which might be necessary to the safety of the could not be brought to pronounce an opinion whether past or present
law officers of the Crown, estate.
In the present instance the court had upon them. Under these circumstances he did I was misunderstood. It is perfectly true that done this on a formal written application ; and it not know
what good purpose could be derived during the conversation the present qualification could not be said that harm could accrue to any from exhibiting them again, especially as the was noticed as excluding past and present law Derson from the course which had been pursued. works were now proceeding under them.- -Mr.officers of the Crown while at the Bar, and I per. Th, most plausible argument that had been ad-C. BENTINCK gave notice that he should call at- fectly remember that I did say that because some Vanced against this exer
of power was that tention to this subject on future day and move persons might think I felt ambitious of that the court had power, by certain machinery pro. la resolution in reference to it.
situation, I never could take any part whatever in
THE NEW COURTS OF JUSTICE.
a suggestion for the alteration of the measure.- that some of those places of amusement were with indictable offences, and of the Act Mr. DENMAN.—The explanation which my hon. and kept open on that day. In reply to the third 11 & 12 Vict. c. 33, with respect to summary learned friend has been kind enough to give is per- question he had to state that some of the theatres convictions and orders, or of any Act amend. fectly satisfactory to me, because he remembers very named were kept open on Ash Wednesday, but ing the same :. (b) Matters of bastardy : clearly now that the words I spoke the other night, for musical performances only. Iu reply to the (3.) No clerk holding such office at the date of and which I believe he did not hear at the moment, fourth question, there was nothing in the terms the passing of this Act shall in any case did bring back to his recollection that a conversa. of the licences granted to the music halls in the receive a less salary than the average annual tion had occurred which I have not the slightest county of Surrey to prevent their being kept open amount of fees received by him or by his predoubt was the conversation which was represented on the day in question ; but he had been informed decessors in such office, in respect of the to me. Allow me further to say I must apologise that they were not exceptionally crowded on the above-mentioned services and
business during my hon. and learned friend for having quoted lnst occasion. He could give no reasons for the the three years ending 31st Dec. 1871. And his name in the House without having given him distinction drawn between the practice of the every such clerk shall, as soon as practicable notice I would do so. I really had no intention authorities in Middlesex and those in Surrey ; but after the passing of this Act, make a return when I rose to mention his name. It was not it was a proof of the inconvenience that resulted (1) of all snch sees received by him in respect untii I heard some ironical cheers that I went from having a different system in force on the of the above-mentioned services and business, more into detail than I intended. (Cheers.)
two sides of the river. He thought it highly (2) of all other fees forming part of the emolu.
probable that in the course of the present session ments of his office, and received by him as Friday, Feb. 23.
a measure would be brought in with reference such clerk, and (3) of all necessary disburse. PARLIAMENTARY AND MUNICIPAL ELECTIONS
to licensing, when hon. members would have an ments made by him as such clerk during the
opportunity of expressing their opinions upon the said three years ending 31st Dec. 1871; and Mr. CAVENDISH BENTINCK gave notice that on matter. (Hear.)
shall send such return, when so made, to the the motion for going into committee on this Bill
clerk of the peace for the county, or to the he would move that it be an instruction to the
clerk of the council, or other governing body committee to provide that votes in divisions in the JUSTICES CLERKS (SALARIES).
of the borough in which he holds his office : House of Commons be taken by ballot. (A laugh.) | A Bill to improve the Administration of Justice at
(4.) Salary, how paid.-Whenever any such clerk
shall retire, be removed, or die, between any THE LAW RELATING TO JURYMEN.
Petty Sessions by providing for Payment of Mr. Lores asked the Attorney-General whether Clerks to Justices by Salary.
two of such quarterly payments he or his legal he would be able to introduce his promised Bill Whereas it is expedient to improve the admi.
personal representatives shall be entitled to for amending and consolidating the law in respect nistration of justice at petty sessions by provid
receive a proportional part of the said salary to the summoning, attendance, and remuneration ing for the payment of clerks to justices by salaries
calculated up to the day of such retirement of jurymen, before Easter, and, if not before when? in lieu of fees, and to regulate the appointment
removal, or death, as the case may be. --The ATTORNEY-GENERAL said that although of such clerks?
Fees. the present state of the law relating to jurymen was not what could be desired, it was by no
6. To make uniform tables of fees.—The justices Be it therefore enacted by the Queen's most
excellent Majesty, by and with the advice and in their general or quarter sessions in counties means easy to frame a remedy for the evils com.
consent of the Lords spiritual and temporal, and and the council or other governing body in under the notice of the House as soon as possible. and by the authority of the same, as follows, that passing of this Act, make tables of fees and is to say :
allowances to be paid in their respective counties Monday, Feb. 26.
and boroughs in respect of the service of sum. BRIBERY AT MUNICIPAL ELECTIONS.
1. Interpretation of terms. In this Act the monses, execution of warrants, expenses of witMr, MUNDELLA, gave notice that on Thursday terms * clerk to justices," or "- clerk to the juso nesses, and the conveyance of prisoners to gaol
, next he would ask the first Lord of the Treasury tices," or clerk,” shall comprehend and mean
by constables and other persons. Every such whether, seeing that a Bill had been introduced any person or persons holding, at the date of the table of fees shall be confirmed, and may from by the Government in reference to corrupt prac- passing of this Act, alone or in partnership, the time to time be amended, by Her Majesty's printices at Parliamentary elections, it was not their office of clerk to the justices at petty sessions or cipal Secretary of State for the Home Departintention to introduce a similar one with reference special sessions, or clerk to any justice or justices firmed or amended shall be sent by the several
ment, and copies of the said tables when so con. to municipal elections.
out of sessions, whether in boroughs or counties, clerks of the peace to all the clerks to justices in THE JUDICATURE COMMISSION.
and shall also mean any person or persons duly Mr. West inquired when the second report of appointed under the provisions of this Act to the
their respective counties. the Judicature Commission would be presented to said office for any borough or for any sessional
7. Table to be posted in office, &c.—The said tables Parliament. Mr. Bruce said he was informed division, or part thereof, but shall not comprehend of fees shall come into force and be in use on and that it would be presented in the course of the or mean any person holding the office of clerk in after the 1st Jan. 1874, and from and after the said present session, but he could not say at what any police court in the metropolis, or in the justice last-mentioned date a printed copy of the table of particular time.
rooms of the City of London. “County" shall be fees in force for the time being for each county or THE NEW DOMESDAY BOOK,
taken to extend to every riding or division of a borough respectively, shall be kept posted in a Mr. Pra asked the Secretary of State for the county for which there is a separate court of gene- conspicuous part of the room or building in which
the betty or special sessions are held. Home Department whether he would lay before ral or quarter sessions. the House the nominal list of landowners which
Appointment of Clerks to Justices.
8. Clerk not to take greater amount of fees than it was stated to be the intention of the Govern. ment to furnish; and if it would extend to the justices shall hold his office, subject to the pro- ceive any other or greater fee for any service or
2. Appointment to continue. - Every clerk to after the said last-mentioned date, demand or re
allowed by table.--If any clerk to justices shall, counties of Ireland and Scotland as well as those visions of this Act. of England. --Mr. BRUCE said it was intended
business performed or transacted by him as such
3. Appointment of future clerks.-Qualification. to obtain such lists by means of the clerks of
- Whenever the otfice of clerk to justices shali clerk than such as is set down in the table of fees unions in England, and that the Lord-Advocate become vacant, the justices acting for the borough for the time being in force applicable to such was considering how a similar return might be
or the sessional division or the part thereof in case, he shall forfeit for every such demand or obtained with regard to Scotland. It was also which such vacancy shall occur, shall, at a petty receipt the sum of £20, with costs of suit, to any under consideration how a similar return might be session held for that purpose (of which
ten days person who shall sue for the same in any of her obtained with regard to Ireland. returns were completed they would be laid upon shall be sent by post to the other justices of the When the notice at least, signed by two of the said justices, Majesty's courts of record at Westminster.
9. Clerk to keep an account of fees received by the table of the House.
said borough or division or part thereof), appoint him: ---Account may be inspected.- Every clerk to
some fit and proper person, being an attorney-at- justices shall keep a true and exact account of all Mr. Molly asked the Secretary of State for the law, who shall, during good behaviour, fill the fees payable to and received by him, and a like Home Department whether his attention had been said office.
account of all moneys received for penalties, and drawn to the conflicting regulations which con. 4.. Clerk may cppoint deputy.--Every clerk to of all sums of money for costs, constables, fees or trolled the public amuseinents on the first day of justices may, with the approval of the justices in otherwise, of whom and when received, and when Lent, and whether he was aware (1) that the petty sessions, appoint some competent person as
and to whom paid; the receipts and vouchers for theatres of the metropolis, holding the Lord his deputy to act for him during illness or un.
for all sums paid by him shall at all reasonable Chamberlain's licence, were prohibited from avoidable absence, and any such deputy shall times be liable to inspection by the justices of the giving dramatic performances on Ash-Wednes- have all the powers and perform all the duties of borough or the sessional division or part thereof day: (2) that the music halls in the county of such clerk during such illness or absence as afore in which he holds his office, or by any person duly Middlesex were virtually prohibited from opening said.
authorised by them. by the terms of their licences as granted by the
10. Clerk to pay fees and penalties to treasurer. Middlesex magistrates ; (3) that the performances 5. Clerk to be paid by salary--Clerk's salary, how | --Every clerk to justices shall pay to the treasurer usually given in these music-halls were held at fired.-On an after the 1st Jan. 1874, every clerk of the county or borough in which he holds his the Drury-lane, Adelphi, Gaiety, Alfred, and to justices shall, in lieu of the fees to which, if office, all fees, penalties, and other sums of money Standard theatres ; (4) that the music halls in this Act had not passed, he would have been received by him as such clerk in respect of the the county of Surrey were open in accordance entitled as a remuneration for the services and said services and business mentioned in the 5th with the terms of their licences, as granted by business hereinafter mentioned, receive an annual section of this Act four times in every year, or as the Surrey magistrates, and were exceptionally salary, the amount of which shall as soon as
often and at such period as the court of quarter crowded on that evening; (5) that the licensed practicable after the passing of this Act be deter- sessions for the said county, or the council or victuallers' houses where music and singing went mined, and from time to time shall be subject to other governing body of the said borough shall on, the admittance being free, were also open ; revision by the justices in their general or quarter direct in that behalf, and shall submit to any rewhat grounds there were for the distinctions thus sessions for the county, or by the council or other giuation the said court or council may make in drawn by the different licensing authorities; and governing body of the borough, in which such respect thereto. whether he had under his consideration, and clerk holds his office and with respect thereto the
11. Clerk may receive other fees for his own use. would be prepared to bring in a measure in the following provisions shall have effect :
-Clerks to justices may continue to receive for present session to remove a prohibition thus (1.) The said salary shall be paid to such clerk their own use fees in respect of all services and unequally applied by various authorities to the per- by equal quarterly payments out of the county such clerks other than the said services and busi
business performed and transacted by them as sons who provided amusements for the people.
rate or borough fund, as the case may be : Mr. BRUCE said, in reply to the first question of the (2.) The said salary shall include all payments ness mentioned in the fifth section of this Act. hon. member, that all theatres within the jurisdic. for printing, stationery, postage, and other 12. Clerk failing to pay to be subject to penalties. tion of the Lord Chamberlain were prohibited from expenses connected with or incidental to the -If any clork to justices shall corruptly render giving dramatic performances on Ash Wednesday; duties of clerk to the justices, and shall be an untrue account of, or shall wilfully omit to pay and, in reply to the second question, that the hon. deemed to be a sufficient remuneration for all over any of such fees and penalties, or sums of member was rightly informed that the music halis services and business performed and trans- money payable to or received by him as in this in the county of Middlesex were virtually pro. acted by such clerk in relation to-(a.) Cases Act directed, or shall refuse to allow such inspec. hibited from opening by the terms of the licences within any of the provisions of the Act of 11 & tion as is mentioned in sect. 9 of this Act, he as granted by the Middlesex magistrates, and 12 Vict. c. 42, with respect to persons charged 'shall forfeit a sum not exceeding £5 for every