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(Per Chief Justice Cockburn, in Wakefield Board of Health v. West Riding of Yorkshire, &c., Railway Company, 6 B. & S. 802). In Reg. 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 any 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 necessarily 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. 841.) In Ranger's case above, it was patent on the face of the contract which contained the submission, that the arbitrator was really interested.

LAW LIBRARY.

Index of Subjects to the Twelve Volumes of Treaties and Conventions and Reciprocal Regulations at present subsisting between Great Britain and 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 Iwyers 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 may 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 ease what otherwise it would be a matter of formidable labour to discover. It will be an essential part of the reference-book shelf of every good library.

The Empire of Asia. By W. M. TORRENS, M.P. London: Trübner and Co.

THIS is an historical work of considerable value, showing 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 punchayes. 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 which does credit to whoever suggested it, and by means of which justice might be obtained more frequently than it is in this country. In every case the members were named by universal suffrage, and the panel was 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 or elder could recall without effort and apply to the facts before him without hesitation." Our 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 home Governments. To quote Mr. Torrens, "the substitution of an exotic system of jurisprudence

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 higher judges has been born or bred in the country whose disputes he is empowered to determine, and whose inhabitants he may fine, flog, imprison, or impoverish at his individual discretion." It 18 not stated affimatively that this actually happens, but according to Mr. Torrens, "the young gentleman from England" has very 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, a colonel of marines common serjeant, and a first-class prizeman in gunnery appointed to preside at Bow-strect?" This illustration is a little far-fetched, but we cannot dispute our author's conclusion, that "in matters of judgment, justice and mercy, any qualifications 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 u 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 more prominently upon public attention. The murder of a viceroy and a judge should have 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 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 ac count 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 have 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 settlement takes place to-morrow, and the continuation rate is only a little over 1 per cent., in consequence of there being large bear accounts 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 a 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 Bonds of 1862, and the 10-40's 4.

The publication of remarkably good traffic 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.

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, ; 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 24 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, &c., 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 engineer, 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 Company (Limited), is announced, with a capital of £155,000, in 31,000 shares of £5 each. 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, 2s. 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 964; ditto Five and a Half per Cent., 1074 to 108; Bank of England Stock, 248 to 250; Metropolitan Three and a Half per Cent., 96 to 974; and French Rentes in this market, 551 to 55.

The price of French Rentes received from Paris this morning was 56f. 50c. 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, 88 to 88; Erie Railway Shares, 31 to 314; Illinois, 108 to 109; and United States Funded Loan 89 to 894.

In the Railway Market the prices are:-Caledonians, 116 to 117; Great Eastern, 49 to 50 ex div.; Great Northern, 135 to 135 ex div.; ditto, A, 156 to 156 ex div.; Great Western, 113 to 113; Lancashire and Yorkshire, 156 to 156 ex div.; Londo and Brighton, 75 to 76; London, Chatham, and Dover, 264 to 27; London and North-Western, 154 to 155 ex div.; London and South-Western, 111 to 112; Manchester and Sheffield, 73 to 73; Metropolitan, 68 to 68; ditto District, 334 to 33; Midland, 1414 to 141 ex. div.; North British, 61 to 61; North Eastern Consols, 183 to 183; South-Eastern, 96 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, 18 to 19; Great Luxembourg, 16 to 17; and Lombardo Venetian, 18 to 18§.

The prices of the principal Foreign Stocks are recorded thus:-Argentine, 1868, 94 to 94; 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, 84 to 85; do., Viceroy Loan, 86 to 88; do., Khedive Mortgage Bonds, 78% to 783; French Morgan 6 per cent. Loan, 99% to 100; do., National, 5 per cent. Loan 7% to 7 pm. ex. div.; Greek 5 per cent. Stock, 14 to 15; Italian of 1861, 653 to 66; Mexican, 14 to 15; Paraguay 8 per cent. Loan, 84 to 844; do. Scrip, 4 to 4 pm.; Peruvian, 5 per cent. 1865, 96 to 97; do., 6 per cent. 1870, 80 to 803; Russian, 5 per cent. 1871, 93 to 94; do. Nicolai Rail., 75 to 76; Spanish, 314 to 31; do. Quicksilver, 80 to 81; do. 3 per cent. 1871, 31 to 313; Turkish, 5 per cent. 1865, 493 to 49; do. 6 per cent. 1865, 64 to 65; do. 6 per cent. 1869, 60 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, 8 to 9; British Indian Extension, 114 to 11; ditto Submarine, 10 to 104; Chinas, 9 to 91; Cubas, 8 to 84; Falmouths, 11 to 11; Great Northern, 15 to 164; Marseilles, 8 to 9; Mediterranean Extension, 4 to 5; French cables, 244 to 24: Reuter's, 10 to 114; West India and Panama, 64 to 6.

In miscellaneous shares prices are as follows :-British and Foreign Tramways, 3 to 4 pm.; Credit Foncier of England, 4 to 5; Crystal Palace Preference, 104 to 109; General Credit and Discount, 2 to 2 pm.; Hooper's Telegraph Works, 2 to 3 pm. ; Hudson's Bay, 9 to 10; International Finance, par to pm; Indiarubber and Gutta Percha, 43 to 45; National Discount, 13 to 13; London Tramways, 11 to 124; Native Guano, 17 to 21: New Lembrero Phosphate, 8 to 91; Phosphate Sewage, 35 to 37; and Telegraph Construction, 34 to 31.

NOTES OF THE WEEK. COURT OF APPEAL IN CHANCERY. Feb. 19 and 26.

(Before the LORDS JUSTICES.)
CLIVE v. CLIVE.

Will-Construction. ·Income-Apportionment· Trust to accumulate till marriage-33 and 34

Vict. c. 35. THIS was a special case, which was heard before the Court of Appeal in the first instance in consequence of there being conflicting decisions on the point in question. By his will, dated the 23rd Feb. 1859, Daniel Coggs Webb gave his residuary personal estate to trustees upon trust to invest and to pay certain annuities out of the income, and, subject to such payments, he directed his trustees to stand possessed of all his residuary personal estate, and the trust funds and securities for the same, and all the accumulations thereof, in trust for and to be equally divided between his two grandchildren, Isabel Webb and Laura Sarah Webb, as tenants in common, and he directed that the said respective shares should be respectively vested in his said two. grandchildren respectively on their respectively attaining twenty-one, or upon their respective marriages, which should first happen. And the testator directed that if either of his said two grandchildren should marry under twenty-one the trustees should settle her share so as to secure to her the yearly income thereof for her separate use, without power of anticipation, with remainder to the children of the marriage in the usual way; and he further directed that until the principal of the shares should become payable under the trusts of his will, the interest should, if the trustees should think right, be paid and applied to and for the benefit of the person presumptively entitled to the principal during her minority, and if not so applied the same should be accumulated for the benefit of such person. The testator died in 1860. Isabel Webb married E. H. Clive before attaining twenty-one, and, by an indenture dated the 10th Jan. 1867, her share was settled in accordance with the directions contained in the will. Laura Sarah Webb also married Sir A. W. Peyton before attaining twenty-one, and, by an indenture dated the 25th Nov. 1870, her

share was similarly settled. Various questions having arisen as to the construction of the will, and in particular as to whether such income of the trust funds settled on the respective marriages of Mrs. Clive and Lady Peyton, in respect of their shares under the will as became first payable after their respective marriages, was or was not apportionable, the present special case was filed to obtain the decision of the court on the point.

Kay, Q.C. and Kingdon, for the plaintiffs, referred to Wheeler v. Tootell (15 L. T. Rep. N.S. 529; L. Rep. 3 Eq. 571), and Donaldson v. Donaldson (23 L. T. Rep. N. S. 550; L. Rep. 10 Eq. 635.) Langworthy for the defendants.

W. W. Streeten for the trustees.

Lord Justice JAMES said that it was too late to unsettle what had been settled by a long course of authorities, and what had been confirmed by the Legislature in the Apportionment Act 1870 (33 & 34 Vict. c. 35), and he must therefore hold that there must be an apportionment up to the time of the marriages.

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extending across the whole shop, so that the entire weight of the floor above rested on the end of the beam inserted in the wall. The defendant complained that the new beam caused a settlement in his house, and threatened to cut off the end of the beam. Thereupon the plaintiffs instituted the present suit praying for an injunction to restrain him from doing so. The Vice-Chancellor held that the plaintiffs' easement of support entitled them as owners of the dominant tenement to put any amount of weight on the wall which did not endanger its stability, and that the wall, either belonged to the plaintiffs or was a party wall, and in either case they had made a proper use of it, and he granted the injunction accordingly. The defendant appealed from this decision.

Bristowe, Q.C. and Davey, for the appellant. Without calling upon.

Cole, Q. C. and Ince, for the plaintiffs, and Glasse, Q. C. and Magnaghten, for mortgagees of the plaintiffs:

Lord Justice JAMES said that he was of opinion that the decision of the Vice-Chancellor was perfectly right, and that the appeal must be dismissed

Lord Justice MELLISH concurred. Solicitors for all parties, Cope, Rose, and with costs. Pearson.

Wednesday, Feb. 28.

SHEFFIELD IMPROVED INDUSTRIAL AND PROVI-
DENT SOCIETY V. JARVIS.
Easement-Party-wall-Right to support-Build-
ing on party-wall.
THIS was an appeal from an order of Malins, V.C.
The suit was one to restrain the defendant from
interfering with the use by the plaintiffs of a wall
for the support of their house. The wall in ques-
tion divided the houses of the plaintiffs and defen-
dant, and it was disputed whether it belonged to
the plaintiffs with an easement of support in the
defendant, or to the defendant with an easement
of support in the plaintiffs, or was a party-wall.
Before 1867 the ground floor of the plaintiff's
house was laid out with a passage and a shop, the
passage being next the wall, and the floor above
the passage was supported by a beam inserted in
the wall. In that year the plaintiffs threw the
passage into the shop by removing the partition,
and substituted for the former beam a new one

Lord Justice MELLISH was of the same opinion. Solicitor for the appellant, Zachary Brooke, for Wheat, Sheffield.

Solicitors for the respondents, Doyle and Edwards, for Binney and Son, Sheffield.

ROLLS COURT.

Feb. 12 and 26. BLOOMER v. SPITTLE.

Mistake-Suit to reform deed-Delay. THIS was a suit to have a deed of conveyance of certain property executed in April 1866 reformed, by including therein the mines and minerals lying underneath the property conveyed, which had been excepted in the deed. It appeared from the evidence that it was the intention of the parties that the mines and minerals should be included in conveyance, and that the omission arose from an the oversight on the part of the solicitors for the purchaser, which was not discovered until the year 1870, when the vendor, the defendant Spittle (who had died since the institution of the suit), caused

an advertisement to be issued for the sale of the
mines and minerals. It was stated that the plain-
tiff, the purchaser, had expended a considerable
sum of money in improvements on the property.
Southgate, Q.C. and Ince for the plaintiff.
Fry, Q.C. and Begg for the defendant.
Lord ROMILLY said he was of opinion that the
exception of the minerals from the land conveyed
was a mistake common to both parties, and that
afterwards when Spittle became aware how the
conveyance was drawn he determined to deal with
them as his own; but there was no case where the
court has altered a deed and forced it on a person,
and he could not do so in this case after the lapse of
time since the execution of the conveyance. His
Lordship held that if the defendants did not con-
sent to have the deed rectified, the transaction
must be set aside, the purchase money being
repaid to the plaintiff with interest at 4l. per cent.,
he being fixed with an occupation rent, and an
inquiry directed what lasting improvements had
been made by the plaintiff on the premises, and
the value ascertained and paid to him, and as he
did not consider Spittle's defence an honest one,
he would give the plaintiff his costs, although it

was his own mistake.

Solicitors: W. H. Duignan; T. W. Goldring.

acquiescence on the part of the plaintiff as would
disentitle him to relief. There would, therefore, be
an injunction to restrain the defendants from per-
mitting smoke and vapours to be emitted from
their works to the damage and injury of the
plaintiff.

Solicitors for the plaintiff, Markby, Wilde, and
Burra,

Solicitors for the defendants, Pitman and Lane,
agents for Scholes and Brearey, of Dewsbury.

Wednesday, Feb. 28.

TELFORD V. METROPOLITAN BOARD OF WORKS. Right of pre-emption—Scheme under Metropolitan Commons Act 1866, in contravention-Injunction to restrain promotion of scheme. PLAINTIFF was entitled to lands, which had been laid out for building, adjoining Tooting Beck Common, and was also entitled to an equitable interest in one undivided twenty-fourth part of the manor of Tooting Beck. By an agreement dated 10th July 1868, Hudson and Willis (in whom the legal estate in the whole of the manor was vested) agreed to sell the manor to Drew and Flower for £10,200, and by that agreement it was provided that in the event of the commons belonging to the manor not being dedicated to the public as a park, under the provisions of the Metropolitan Lands Clauses Act, s. 80-Proposal for re-investCommons 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 by a railway company in purchase of other of the plaintiff and others be sold or let for any lands-Proposed purchase abortive-Title bad-purpose whatsoever; and so that no house or any other building should be erected on such common except such building as might be neccessary for the maintenance of the park within five years, then at the expiration of five years the plaintiff should purchase, and Drew and Flower should convey to him one undivided twenty-fourth part of the said manor for £425; and it was provided that Drew and Flower, as lords of the manor,

Costs.

Monday, Feb. 26.

fession and to the public by the name of "the Golden Ointment." The defendant, on the other hand, insisted that golden ointment was a term well known to the trade or business of chemists or druggists, and that it had been so known for two centuries or more; that he had used the word “ golden "since the year 1839, and had advertised it; that the plaintiff had no right to it as a trade mark; and that even if he had his (the defendant's) pots, labels, and so forth, had borne his name, and did not bear the smallest resemblance to the plaintiff's pots and labels. The bill prayed for an injunction to restrain the defendant from selling or publishing, or advertising for sale, any ointment or medical preparation in the nature of the ointment, or under any other title or description, and which should be an infringement of the title or designation of the plaintiff's golden ointment. The plaintiff now moved for an interlocutory injunction in the terms of the prayer of his bill.

Greene, Q.C. and Cracknall, for the motion. Karslake, Q.C. and Bury, for the defendant. The VICE-CHANCELLOR decided that, under the circumstances, he would not grant an interlocutory injunction, and directed the motion to stand over till the hearing of the cause. Solicitors: J. G. Hepburn; W. H. Lammin.

Feb. 13, 23, and 26.

KIRK V. THE QUEEN; THE ATTORNEYGENERAL . KIRK. Government contract-Deviation from-Petition of-Right-Information—Injunction. BOTH of these cases came on to be heard on cross motions for interim injunctions under the following circumstances: Mr. Kirk, a contractor, held a contract from the War Office for the construction of some barracks at Garrioch, near Glasgow.

THE London and North-Western Railway Company having taken certain property in Liverpool subject to this trust for the purposes of their railway, the purchase-money was paid into court, and subsequently a proposal was made for the purchase of other property in lieu thereof, and it was referred to chambers to inquire into the title, might memorialise the Inclosure Commissioners Shortly after the execution of the contract dif. which turned out to be bad. The railway company and the Metropolitan Board of Works under the ferences arose between Mr. Kirk and the War

now objected to pay the costs incident to such proposed purchase.

H. A. Giffard for the trustees. Speed for the railway company. Lord ROMILLY held that under the 80th section of the Lands Clauses Act the railway company must pay the costs, which arose from the fact of their taking the land subject to the trusts for their railway, and they must bear the consequence. Solicitors: Bower and Cotton; Blenkinsop.

V. C. MALINS' COURT.
Friday, Feb. 23.

ATTY v. EтоνGн.
Practice-Special case-Amendment.
THIS was a special case which had been set down
for hearing, but before it came on to be heard, one
of the parties, who was a woman, had been mar-
ried.

aforesaid Act, provided that the scheme was not
inconsistent with that agreement. The manor
was conveyed to Drew and Flower, and the pro-
visions of the agreement of the 10th July 1868
were incorporated with the deed of conveyance.
Drew and Flower subsequently agreed to transfer
their purchase to the Metropolitan Board of Works
upon the terms contained in the agreement of the
10th July 1868. In July 1869 the Metropolitan
Board of Works presented a memorial to the In-
closure Commissioners under the Metropolitan
Commons Act 1866, praying that a draft scheme
might be prepared for the purpose of having
Tooting Beck Common dedicated to the public,
and drawing attention to the right of pre-
emption possessed by the plaintiff. In May
a draft scheme for the above purpose
was published by the Inclosure Commissioners;
and by one of the clauses it was proposed that
it should be lawful for the Metropolitan Board

1870

Department as to the quality of materials, and as to delay in the completion of the works, on which a great mass of evidence was adduced, the gist of Kirk's complaints being that the engineer officer in charge, constantly and continuously exacted from Kirk's agents and workmen work of greatly superior description to that contemplated by the contract, while the War Department charged Kirk with endeavouring to supply both materials and work of an inferior quality. The Department ultimately, under a clause in the contract, served Kirk with notice to quit, and required then filed a petition of right praying the Queen to him to deliver up possession of the ground. Kirk issue her fiat-"Let a right be done," and also praying for an injunction to restrain the Secretary him from fulfilling the contract, or from excluding of State for the War Department from preventing him from the site of the works, and consequential relief and damages, while the War Department, on an information filed by the Attorney-General, praying for an injunction to restrain Kirk from retaining possession, and also praying for similar relief and damages. Both parties now moved as

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

marriage.

Begg now applied ex parte as to the course to be pursued for bringing the husband before the court. Would an order to revive be sufficient, or would the court follow the course pursued by Bacon, V.C. in Savage v. Snell (23 L. T. Rep. N. S. 801) ?

The VICE-CHANCELLOR said he should follow the course taken in Savage v. Snell. The order for setting down the original case must therefore be discharged, and the case must be amended by

making the husband a party. Solicitor, J. Elliott Fox.

V.C. BACON'S COURT.
Feb. 21, 22, and 23.
SAVILE V. KILNER.

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Glassworks-Smoke and vapours · Nuisance-
Acquiescence-Injunction.
THIS suit was instituted by Henry Savile to
restrain the defendants, the Messrs. Kilner, from
causing or permitting the emission of dense black
smoke from their glassworks to the damage and
injury of the plaintiff. The glassworks were first
established in 1845, at which time there was only
one furnace. In 1847 a second furnace was added.
Between the years 1853 and 1863 seven furnaces
had been added. The plaintiff made some com-
plaint of the nuisance to the defendants in 1862,
but it was not until 1866 that any formal complaint
was made, and the bill was not filed until 1869.
The defence was that there was no such nuisance
as the court would take notice of, and that the
plaintiff was by his acquiescence disentitled to the
relief sought, and that at all events as to two of
the furnaces, the plaintiff's right was barred by

the Statute of Limitations.

Kay, Q.C., Dunning, and Mellor (of the Common
Law Bar) were for the plaintiff.
Amphlett, Q.C. and Bagshawe for the defen-
dants.

The VICE-CHANCELLOR was of opinion that a nuisance did exist, and that there was no such

pre-emption possessed over the property, first
making compensation in the manner provided by
the Act; and that the board should have power to
sell or let a certain part of the common, which in
the plaintiff. A bill was accordingly filed, praying
fact adjoined the building land which belonged to
for an injunction to restrain the board from pro-
moting or supporting the above scheme, or any
other scheme inconsistent with the agreement of
the 10th July 1868, and from doing anything to
prejudice the right of purchase reserved to the

plaintiff.

Kay, Q.C. and Stevens for the plaintiff.

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Eddis, Q.C. and C. Hall, for the Metropolitan Board of Works, contended that this was an attempt to restrain persons from applying to the Legislature, in which case no injunction would be COURT FOR DIVORCE AND MATRIMONIAL granted.

Morris and Casson for Drew and Flower.

The VICE-CHANCELLOR granted an injunction

in terms of the prayer, with costs.

CAUSES.

Wednesday, Feb. 28. (Before Lord PENZANCE, J.O.)

LEE V. LEE.

Solicitors: Stevens;, W. W. Smith; Wilson, Wife's suit for judicial separation-CrueltyBristows, and Carpmael.

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THIS was a motion on behalf of the plaintiff in
the above suit. The plaintiff claimed to be the
proprietor of, and entitled to, the recipe for
making a certain medical compound called "Dr.
Johnson's," or "Singleton's Ointment," or "Sin-
gleton's Golden Eye Ointment," known to the
medical profession and the public generally by the
namefof the Golden Ointment." The defendant
had for some time past sold a preparation called
"Dr. Rooke's Golden Ointment." The plaintiff,
however, complained that the defendant by using
that name was infringing his right, and stated
that his ointment was known to the medical pro-

One set of allegations held proved against the husband, and another set held not proved-New trial obtained by the husband, and issue ordered to be confined to the allegations found against him.

IN a suit for judicial separation on the ground of

cruelty, allegations were made by the wife of acts of violence and communication of venereal but found the second allegation in favour of the disease. The court held the violence to be proved, husband. A new trial was applied for by the hus band on the ground of surprise, and the court decided to grant a new trial.

communication of disease should be reopened ; but Dr. Spinks for the wife, asked that the issue of

The COURT, having taken time to consider decided that as the plea of surprise applied only to the allegations of violence, the issue to be submitted to the jury on the new trial must be limited to the acts of violence and should not embrace the communication of disease.

COURT OF BANKRUPTCY.
Monday, Feb. 19.

vided by the rules, to control the trustee's actions, but he could not think that these rules could take from the court the power of examination and (Before the CHIEF Judge.) vest it in the trustee alone; leaving in the Ex parte CROSSELY; Re TAYLOR. court merely a sort of appellate jurisdiction. Power of local court of bankruptcy to order exami- Nor could it be successfully contended that the nations upon the requisition of a creditor-accident of the person who was to account being Bankruptcy Act 1849, s. 120-Bankruptcy Act also trustee, could shelter him from the exami1869, ss. 55, 58, 72, 78, 96. nation; the relation of cestui que trust and trustee THIS was an appeal from an order of the judge of existed between the creditors and the trustee in the County Court, held at Manchester, directing bankruptcy, and all questions arising with regard one of two joint trustees of the bankrupt's estate to the bankrupt's estate were therefore eminently to submit himself to examination. The facts of within the jurisdiction of the court. The present the case upon which the order was made are as complaint was that the trustee had not done his follows: The bankrupt had been in business in a duty, and that question it would at any time be large way as a merchant and commission agent at within the jurisdiction of the court to decide. It Manchester. Early in the year 1871 he became to would be very hard if, on such a state of facts as a certain extent embarrassed in his affairs, and in the present, the judge could give no immediate the month of March in that year he privately left and efficient remedy. The Chief Judge said, in this country for America, taking with him three conclusion, that he thought the decision arrived at bills of exchange, amounting to about £450 in all. by the judge of the County Court was perfectly On the 31st March a bankruptcy petition was reasonable, and that he was bound to uphold it. presented against him, the act of bankruptcy Appeal dismissed with costs. alleged being the fact of his having absconded Solicitors for the appellants, Pritchard and Enwith intent to delay or defeat his creditors. glefield; agents for Grundy and Cailson, ManAdjudication of bankruptcy was pronounced on chester. this petition on the 6th April, and on the 27th April at the first meeting of creditors Crossely and Cumming were appointed trustees, with a committee of inspection, consisting of five members. The bankrupt on his way to America posted at Queenstown a letter to Crossely (which he received before his appointment to the office of trustee) enclosing one of the bills of exchange, and the writer stated that the amount secured by the bill would settle an account owing by him (the bankrupt) to Crossely and a brother in law of the bankrupt named Roffley. The bankrupt also wrote two other letters to different persons, inclosing the other two bills of exchange; and it was in respect of these three bills that one of the creditors took out a summons to examine Crossely. The registrar of the County Court thought that he had no jurisdiction to make an order for the examination, but the Judge was of a different opinion and made the order already stated, and which was the subject of the present appeal by the trustees.

De Gea, Q.C. and Winslow, for the appellants, contended that whatever might have been the power of the court to order persons to submit to examination under the old bankrupt law, it was plain, from sect. 96 of the Bankruptcy Act 1869 that the court could now only make such an order on the application of the trustee. The court provides an altogether different and distinct machinery for investigating the conduct of the If such an application as the present were to be allowed, no one would undertake the office of trustee when it subjected him to examination upon every trifling charge by a discontented creditor: (Bankruptcy Act 1869, ss. 55, 58; G. R. 243-247.)

trustee.

Little, Q.C. and F. Knight, for the respondents, argued that the law of 1849 (12 & 13 Vict. c. 106, s. 120) permitted the exercise of this power, and in so doing gave statutory force to what had always been acknowledged as a principle of the bankrupt law; nor was there anything in the Act of 1869 to curtail that power: (Cooper v. Harding, 7 Q. B. Rep. 928.) Ex parte Alexander (1 De G. J. & S. 311) is a distinet authority to prove that any creditor had the right to prosecute such inquiries as the present. Sect. 96 Bankruptcy Act 1869 could not fairly be said to restrict this right. Could it be said that because the section gives a right to A., it therefore by implication takes the same right from B. ? Sect. 78, and Rule 171 read together, clearly preserve to the creditors this power of inquiry. They also cited Ee parte Lawrence (1 De G. J. & S. 307). (The Chief Judge cited Rule 251.) Even granted that there is another means of obtaining information from the trustee, this by no means takes away the right to examine him as we contend we have a right to do.

De Gex, Q.C. in reply.

The CHIEF JUDGE said that the new Bankruptcy Act was to be read by itself, and no powers which were not contained in it could now be enforced; all the powers which could be brought into action were to be found within the Act itself, and all the practice in bankruptcy was to be gathered from the sections and the rules. The 66th and 72nd sections provided in terms that could not be misunderstood what powers the local bankruptcy courts were to hold. Could anything be found in the words of the 72nd section to control or prevent the power of this County Court from deciding this question of law? The court had full power to set on foot any inquiries which might be necessary to the safety of the In the present instance the court had done this on a formal written application; and it could not be said that harm could accrue to any person from the course which had been pursued. Th most plausible argument that had been advanced against this exercise of power was that the court had power, by certain machinery pro

estate.

Solicitors for the respondents, Callen, Colley, and Edwards; agents for Storer, Manchester.

LEGISLATION AND JURIS-
PRUDENCE,

HOUSE OF COMMONS.
Thursday, Feb. 22.
MARRIAGE WITH A DECEASED WIFE'S SISTER

BILL.

power

committee on this Bill, he would move that
Mr. COLLINS gave notice that, on going into
be given to the committee to divide the Bill into
two parts-the one relating to so-called marriages
of that kind hitherto contracted, and the other to
such marriages hereafter contracted.

THE CHANCERY FUNDS BILL.

FRIENDLY SOCIETIES.

Mr. RAIKES asked the Secretary of State for the Home Department whether the Government intended to bring in any measure during the present session dealing with friendly societies, and whether any report had been made or may be expected to be soon made by the Royal Commission appointed to investigate this question.--Mr. BRUCE replied that some of the evidence that had been taken on this subject had been actually reported, and he was informed that further evidence with reference to it would soon be in the hands of members. It was, however, not expected that any conclusion on the subject would be arrived at by the commissioners during the present session, and it would be absolutely impossible to attempt any legislation in the matter until the report had been made. -Mr. DODDS asked whether the report would refer to building societies.--Mr. BRUCE said that the evidence taken before the commissioners would include matters relating to building as well as to friendly societies, but stated that the report had not yet been printed.. Sir S. NORTHCOTE: As chairman of the commission, I might state that the forthcoming report would refer to building but not to friendly societies.

-

PERSONAL EXPLANATION.-SIR ROUNDELL
PALMER AND SIR R. COLLIER.

Sir ROUNDELL PALMER.-Sir, I hope the House will permit me to say a few words by way of explanation with reference to a matter that occurred in the course of the debate on Monday last. It may be in the recollection of the House that when my hon. and learned friend the member for Tiverton began to address the House he stated, with reference to the Bill which was before the House last summer as to the Judicial Committee, that in the course of the debate on that measure

Mr. HUNT asked the Chancellor of the Exche-
quer whether any written communications had
passed between the Lord Chancellor, the Treasury,
the Exchequer and Audit Department, the Ac
countant-General in Chancery, the National Debt
Commissioners, and the Bank of England, or any
of them, upon the subject-matter of the Court of
Chancery Funds Bill; and, if so, whether he
would have any objection to lay such communica-
tions upon the table of the House? -The CHAN-I
CELLOR of the EXCHEQUER.-The Chancery Funds
Bill is pretty nearly the same as the measure of
last year, in the framing of which we had commu-
nications with the Lord Chancellor, the Accoun-
tant-General in Chancery, and the National Debt
Commissioners. There were, however, no official
communications, and I am not aware that there
were any written ones. There has been no com-
munication with the Bank of England. We sent
the Exchequer and Audit Department a copy of
last year's Bill, and yesterday received a commu-
nication from them, which I shall have no objec-
tion to produce.

THE NEW COURTS OF JUSTICE.

he was asked by some one to place an amendment on the paper for the purpose of qualifying the Attorney-General and ex-Attorney-General, and when members of the Bar to be members of the also the Solicitor-General and ex-Solicitor-General, Judicial Committee; and he also stated that the gentleman who made the application to him said that such amendment was thought desirable by several persons, including myself, and that I felt a delicacy about proposing it because I was in ex-Attorney-General. I immediately felt it my duty to state that that was the first time I ever heard of such a thing, and that I never stated to any person that I was of opinion that such an amendment should be introduced. Of course, I need not tell the House I have always been on the best terms with my hon. and learned friend. was perfectly certain that he had stated with accuracy the information which had been given to him, nor could I suppose that anyone would have intentionally misrepresented me in conversation with my hon. and learned friend. I therefore endeavoured to see whether there was anything that could explain the statement which had been made to my hon. and learned friend, and it did occur to me that there was a possible explanation, which on the same evening I personally communicated to him. He wishes that that same expla nation should be stated to the House, which I am very willing to do if the House will permit me. (Hear, hear.) It was this-that while the Bill was passing through Parliament, before it came to the state of the second reading here, I was almost daily in attendance upon the Judicial Comsub-mittee in my professional capacity. When I am there I am in the habit, like other gentlemen, of talking to my professional friends and brethren whom I meet in the room appropriated for the Bar upon passing subjects of the day, and in the course of conversation with a gentleman, whose name I do not at this moment know, and I have not asked my hon. and learned friend the name of his informant with reference to this Bill, after it was understood that the full salaries which are given to judges of Westminster Hall were to be given to the new members of the Judicial Committee, I perfectly remember to have expressed my own opinion that I no longer saw any reason for the restrictive qualifications in the Bill, and I was disposed to think that all persons whom the Queen has power to appoint judges in any of the Superior Courts of Law or Equity should be equally eligible for these new appointments. This is, as far as my memory goes, what I said. No man can pretend to recollect the exact words which passed in a conversation. What I said was not confidential. Those who heard were perfectly at liberty to repeat what I said. And I do not intend to impute to any person a misrepresentation. But if I was supposed to have expressed an opinion in favour of so enlarged a qualification as that which would admit members of the Bar, whether past or present law officers of the Crown, I was misunderstood. It is perfectly true that during the conversation the present qualification was noticed as excluding past and present law officers of the Crown while at the Bar, and I perfectly remember that I did say that because some persons might think I felt ambitious of that situation, I never could take any part whatever in

Mr. C. BENTINCK, in prefacing a question that
stood upon the paper in his name upon the
ject of the new designs for the new Courts of Jus-
tice, said that on the 21st inst. he had asked the
Chancellor of the Exchequer whether Her Majesty's
Government approved the designs which were
stated to have been accepted, and that the right
hon. gentleman had stated that he did not approve
those designs. He understood that during the vaca-
tion-("Order, order.")-The SPEAKER pointed
out to the hon. gentleman that he was not
entitled to make a speech upon the occasion.
(Hear.)- -Mr. C. BENTINCK believed that, ac-
cording to the rules of the House, he was entitled
to give any explanation of the question he in-
tended to put which did not lead to a controversy.
What he desired to say was that he understood
that during the vacation certain alterations had
been made in these designs, and what he desired
to ask the right hon. gentleman the Chancellor of
the Exchequer was whether that were the case;
and, if so, whether he would consent to exhibit
the altered plans in the library of the House of
Commons or elsewhere within the precincts of the
Palace of Westminster for the inspection of
members of that House.--The CHANCELLOR of
the EXCHEQUER replied that although the plans
had been exhibited in the library of the House for
several weeks during last session, the House
could not be brought to pronounce an opinion
upon them. Under these circumstances he did
not know what good purpose could be derived
from exhibiting them again, especially as the
works were now proceeding under them.- -Mr.
C. BENTINCK gave notice that he should call at-
tention to this subject on a future day and move
a resolution in reference to it.

a suggestion for the alteration of the measure. Mr. DENMAN. The explanation which my hon. and learned friend has been kind enough to give is perfectly satisfactory to me, because he remembers very clearly now that the words I spoke the other night, and which I believe he did not hear at the moment, did bring back to his recollection that a conversa. tion had occurred which I have not the slightest doubt was the conversation which was represented to me. Allow me further to say I must apologise to my hon. and learned friend for having quoted his name in the House without having given him notice I would do so. I really had no intention when I rose to mention his name. It was not until I heard some ironical cheers that I went more into detail than I intended. (Cheers.)

Friday, Feb. 23.

PARLIAMENTARY AND MUNICIPAL ELECTIONS

BILL.

Mr. CAVENDISH BENTINCK gave notice that on the motion for going into committee on this Bill he would move that it be an instruction to the committee to provide that votes in divisions in the House of Commons be taken by ballot. (A laugh.)

THE LAW RELATING TO JURYMEN.

Mr. LOPES asked the Attorney-General whether he would be able to introduce his promised Bill for amending and consolidating the law in respect to the summoning, attendance, and remuneration of jury men, before Easter, and, if not before when? -The ATTORNEY-GENERAL said that although the present state of the law relating to jurymen was not what could be desired, it was by no means easy to frame a remedy for the evils complained of. He would, however, bring the matter under the notice of the House as soon as possible.

Monday, Feb. 26.

BRIBERY AT MUNICIPAL ELECTIONS.

Mr. MUNDELLA gave notice that on Thursday next he would ask the first Lord of the Treasury whether, seeing that a Bill had been introduced by the Government in reference to corrupt practices at Parliamentary elections, it was not their intention to introduce a similar one with reference to municipal elections.

THE JUDICATURE COMMISSION.

Mr. WEST inquired when the second report of the Judicature Commission would be presented to Parliament.Mr. BRUCE said he was informed that it would be presented in the course of the present session, but he could not say at what particular time.

THE NEW DOMESDAY BOOK.

Mr. PIM asked the Secretary of State for the Home Department whether he would lay before

the House the nominal list of landowners which it was stated to be the intention of the Government to furnish; and if it would extend to the counties of Ireland and Scotland as well as those of England.--Mr. BRUCE said it was intended to obtain such lists by means of the clerks of

unions in England, and that the Lord-Advocate was considering how a similar return might be obtained with regard to Scotland. It was also under consideration how a similar return might be obtained with regard to Ireland. When the returns were completed they would be laid upon the table of the House.

LENTEN AMUSEMENTS.

Mr. MELLY asked the Secretary of State for the Home Department whether his attention had been drawn to the conflicting regulations which controlled the public amusements on the first day of Lent, and whether he was aware (1) that the theatres of the metropolis, holding the Lord Chamberlain's licence, were prohibited from giving dramatic performances on Ash-Wednesday (2) that the music halls in the county of Middlesex were virtually prohibited from opening by the terms of their licences as granted by the Middlesex magistrates; (3) that the performances usually given in these music-halls were held at the Drury-lane, Adelphi, Gaiety, Alfred, and Standard theatres; (4) that the music halls in the county of Surrey were open in accordance with the terms of their licences, as granted by the Surrey magistrates, and were exceptionally crowded on that evening; (5) that the licensed victuallers' houses where music and singing went on, the admittance being free, were also open; what grounds there were for the distinctions thus drawn by the different licensing authorities; and whether he had under his consideration, and would be prepared to bring in a measure in the present session to remove a prohibition thus unequally applied by various authorities to the persons who provided amusements for the people.Mr. BRUCE said, in reply to the first question of the hon. member, that all theatres within the jurisdiction of the Lord Chamberlain were prohibited from giving dramatic performances on Ash Wednesday; and, in reply to the second question, that the hon. member was rightly informed that the music halis in the county of Middlesex were virtually prohibited from opening by the terms of the licences as granted by the Middlesex magistrates, and

that some of those places of amusement were kept open on that day. In reply to the third question he had to state that some of the theatres named were kept open on Ash Wednesday, but for musical performances only. In reply to the fourth question, there was nothing in the terms of the licences granted to the music halls in the county of Surrey to prevent their being kept open on the day in question; but he had been informed that they were not exceptionally crowded on the last occasion. He could give no reasons for the distinction drawn between the practice of the authorities in Middlesex and those in Surrey; but it was a proof of the inconvenience that resulted from having a different system in force on the two sides of the river. He thought it highly probable that in the course of the present session a measure would be brought in with reference to licensing, when hon. members would have an opportunity of expressing their opinions upon the matter. (Hear.)

JUSTICES CLERKS (SALARIES).

A Bill to improve the Administration of Justice at Petty Sessions by providing for Payment of Clerks to Justices by Salary.

WHEREAS it is expedient to improve the admi nistration of justice at petty sessions by providing for the payment of clerks to justices by salaries in lieu of fees, and to regulate the appointment of such clerks:

Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and Commons, in this present Parliament assembled, consent of the Lords spiritual and temporal, and and by the authority of the same, as follows, that

is to say:

Preliminary.

1. Interpretation of terms. In this Act the terms "clerk to justices," or 'clerk to the justices," or "clerk," shall comprehend and mean any person or persons holding, at the date of the passing of this Act, alone or in partnership, the office of clerk to the justices at petty sessions or special sessions, or clerk to any justice or justices out of sessions, whether in boroughs or counties, and shall also mean any person or persons duly appointed under the provisions of this Act to the said office for any borough or for any sessional division, or part thereof, but shall not comprehend or mean any person holding the office of clerk in any police court in the metropolis, or in the justice rooms of the City of London." County" shall be taken to extend to every riding or division of a county for which there is a separate court of general or quarter sessions.

Appointment of Clerks to Justices.

2. Appointment to continue. Every clerk to justices shall hold his office, subject to the visions of this Act.

with indictable offences, and of the Act 11 & 12 Vict. c. 33, with respect to summary convictions and orders, or of any Act amending the same: (b) Matters of bastardy: (3.) No clerk holding such office at the date of the passing of this Act shall in any case receive a less salary than the average annual amount of fees received by him or by his predecessors in such office, in respect of the above-mentioned services and business during the three years ending 31st Dec. 1871. And every such clerk shall, as soon as practicable after the passing of this Act, make a return (1) of all such fees received by him in respect of the above-mentioned services and business, (2) of all other fees forming part of the emolu. ments of his office, and received by him as such clerk, and (3) of all necessary disbursements made by him as such clerk during the said three years ending 31st Dec. 1871; and shall send such return, when so made, to the clerk of the peace for the county, or to the clerk of the council, or other governing body of the borough in which he holds his office: (4.) Salary, how paid.-Whenever any such clerk shall retire, be removed, or die, between any two of such quarterly payments he or his legal personal representatives shall be entitled to receive a proportional part of the said salary calculated up to the day of such retirement removal, or death, as the case may be. Fees.

6. To make uniform tables of fees.-The justices in their general or quarter sessions in counties boroughs shall, as soon as practicable after the and the council or other governing body in passing of this Act, make tables of fees and allowances to be paid in their respective counties and boroughs in respect of the service of summonses, execution of warrants, expenses of witnesses, and the conveyance of prisoners to gaol, by constables and other persons. Every such time to time be amended, by Her Majesty's printable of fees shall be confirmed, and may from cipal Secretary of State for the Home Depart ment, and copies of the said tables when so conclerks of the peace to all the clerks to justices in firmed or amended shall be sent by the several their respective counties.

7. Table to be posted in office, &c.-The said tables of fees shall come into force and be in use on and after the 1st Jan. 1874, and from and after the said last-mentioned date a printed copy of the table of fees in force for the time being for each county or borough respectively, shall be kept posted in a conspicuous part of the room or building in which the betty or special sessions are held.

8. Clerk not to take greater amount of fees than after the said last-mentioned date, demand or reallowed by table.-If any clerk to justices shall, pro-ceive any other or greater fee for any service or business performed or transacted by him as such case, he shall forfeit for every such demand or clerk than such as is set down in the table of fees for the time being in force applicable to such receipt the sum of £20, with costs of suit, to any person who shall sue for the same in any of her Majesty's courts of record at Westminster.

3. Appointment of future clerks.-Qualification. become vacant, the justices acting for the borough -Whenever the office of clerk to justices shall or the sessional division or the part thereof in which such vacancy shall occur, shall, at a petty session held for that purpose (of which ten days notice at least, signed by two of the said justices, shall be sent by post to the other justices of the said borough or division or part thereof), appoint some fit and proper person, being an attorney-atlaw, who shall, during good behaviour, fill the said office.

4. Clerk may appoint deputy.-Every clerk to justices may, with the approval of the justices in petty sessions, appoint some competent person as his deputy to act for him during illness or unavoidable absence, and any such deputy shall have all the powers and perform all the duties of such clerk during such illness or absence as aforesaid.

Salary.

soon as

5. Clerk to be paid by salary-Clerk's salary, how fired.-On an after the 1st Jan. 1874, every clerk to justices shall, in lieu of the fees to which, if this Act had not passed, he would have been entitled as a remuneration for the services and business hereinafter mentioned, receive an annual salary, the amount of which shall as practicable after the passing of this Act be determined, and from time to time shall be subject to revision by the justices in their general or quarter sessions for the county, or by the council or other governing body of the borough, in which such clerk holds his office and with respect thereto the following provisions shall have effect: (1.) The said salary shall be paid to such clerk by equal quarterly payments out of the county rate or borough fund, as the case may be: (2.) The said salary shall include all payments for printing, stationery, postage, and other expenses connected with or incidental to the duties of clerk to the justices, and shall be deemed to be a sufficient remuneration for all services and business performed and transacted by such clerk in relation to-(a.) Cases within any of the provisions of the Act of 11 12 Vict. c. 42, with respect to persons charged

9. Clerk to keep an account of fees received by him.-Account may be inspected.-Every clerk to justices shall keep a true and exact account of all fees payable to and received by him, and a like account of all moneys received for penalties, and of all sums of money for costs, constables, fees or otherwise, of whom and when received, and when and to whom paid; the receipts and vouchers for for all sums paid by him shall at all reasonable times be liable to inspection by the justices of the borough or the sessional division or part thereof in which he holds his office, or by any person duly authorised by them.

10. Clerk to pay fees and penalties to treasurer. Every clerk to justices shall pay to the treasurer of the county or borough in which he holds his office, all fees, penalties, and other sums of money received by him as such clerk in respect of the said services and business mentioned in the 5th section of this Act four times in every year, or as often and at such period as the court of quarter sessions for the said county, or the council or other governing body of the said borough shall direct in that behalf, and shall submit to any regulation the said court or council may make in respect thereto.

11. Clerk may receive other fees for his own use. -Clerks to justices may continue to receive for their own use fees in respect of all services and such clerks other than the said services and busibusiness performed and transacted by them as ness mentioned in the fifth section of this Act.

12. Clerk failing to pay to be subject to penalties. If any clerk to justices shall corruptly render an untrue account of, or shall wilfully omit to pay over any of such fees and penalties, or sums of money payable to or received by him as in this Act directed, or shall refuse to allow such inspec &tion as is mentioned in sect. 9 of this Act, he shall forfeit a sum not exceeding £5 for every

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