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In old times it used to be said by the lawyers that the Chancellor of the Exchequer was not to be trusted; that he would speculate with the suitors' money; that he would play "ducks and drakes with it, but no one now supposes that. The Chancellor of the Exchequer, in respect of the savings bank, is already the greatest banker in the country, and, if he is not to be trusted, who is? No one, indeed, will now venture to contend that the English Government is not to be trusted; and if he did, the House of Commons would not hear him. This is the explanation of the first half of the Bill-how better to administer the Chancery funds? But how does Mr. Lowe work round from this to the diminution of the National Debt? He does so in two ways. First, he invests the £60,000,000, on which he pays 2 per cent., in the funds at 31, and thns gains an annuity of £725,000 annually, which he reinvests at compound interest, and which, in twenty years, will come to about £20,000,000, and will reduce our debt by that sum. It may be said that we should reckon on the other side the loss by the fall in the funds; that as certain suitors lost by that fall, so the State, which is substituted for those suitors, will lose also. But this is a mistake. The State will never have to sell out of the funds, and, therefore, will not lose. Though certain individuals among the suitors in court have to sell at the decision of the cause, new suitors, on the other hand, come in to replace them. The aggregate fund, so far from diminishing, is augmenting as the business of the Court of Chancery augments. The State, therefore, will lose nothing on the principal of its investments, and will get clear, and without deduction, the difference between the interest which it gives and the interest which it makes. Secondly, as the Chancellor of the Exchequer is himself the holder of this large sum in Consols, he can turn it, or any part he likes of it, into terminable annuities. This is an invention, we believe, of Mr. Gladstone, in the case of the savings banks. Generally it is impossible to borrow on terminable annuity, because, except to a limited extent, terminable annuities are not saleable in the market; they are for a common person both a disagreeable and a troublesome investment. They are disagreeable, because the market price is daily diminishing, which the mass of mankind do not like, and it requires the investment of a part of the annual income to replace the principal, which requires the holder first to find how much has to be invested, and then to invest it, which to most people would be very irksome. But when the State is the holder of its own funds, this difficulty is at an end. The State is no longer subject to the caprice of the market; it can invest, therefore, in the sort of security which suits it best, because it is easiest to pay off; and this security is the terminable annuity. In this manner, if Mr. Lowe is successful this year in carrying his Bill, he will have conferred on the country the two curiously connected benefits of helping its suitors at law and of reducing its National Debt. -Economist.
It has long been expected that the certificate
The letter of Mr.
mitted, and proof of guilt appears to attach to certain parties, the local attorneys in the various districts receive their instructions, sometimes from the persons injured, more generally from the police called in to take cognisance of the offence, and in some rare instances from the clerks to the magis- PUBLIC PROSECUTORS. trates before whom the charge is made. The evidence William Reade in the last week's LAW TIMES, is then collected, the brief prepared and handed to calls for some reply on the part of the justices' counsel, either at the quarter sessions or assizes. clerks, who, it is there implied, on account of the In these cases no fault whatever can be found"miserable pay allowed, do not pay sufficient with the way in which the prosecutions are dealt attention to the prosecutions entrusted to them, with in court. It is in the earlier stages of the in the absence of a public prosecutor. Having proceeding that the law is defective. The police had some little experience in the conduct of cases are sometimes too zealous; sometimes they are at quarter sessions and assizes, I may perhaps be not sufficiently intelligent; they make the facts allowed to say a few words on this subject. fit the criminal, instead of adjusting the criminal Miserably inadequate the remuneration certainly to the facts; their interest in endeavouring to is, particularly in some counties, where one guinea procure a conviction often blinds their sagacity only is allowed in ordinary cases, for the prepara and warps their judgment, and the prosecuting tion of brief, attendance at court, and drawing inattorney has not always the full legal knowledge structions for indictment. Yet, even under these to discern and remedy the deficiencies. What is circumstances, I know from experience, that no wanted is not an attorney, as proposed by Mr. R. effort is lacking on the part of the justices' clerk Gurney's Bill, but a barrister of high standing to ensure that justice is done; subpoenas for and experience, in each county or district, tho- witnesses are obtained when necessary and roughly versed in criminal law and its evidences, journeys are often taken to take down their statewho should superintend and direct the attorneys ments, and instructions for indictment (in many charged with the prosecutions. Had there been cases requiring much consideration), and the brief, such an officer to superintend the prosecution in are drawn in as full and ample a manner as if it the Road murder we should not have had that were ordinary professional business, and a full most cruel and unjust charge made against the bill of costs could be charged. That the justices' father of the murdered child, subjected to it clerks themselves do not desire a change is well through the perverse infatuation of the superin- known, because having, as they usually have, a tendents of police, who were determined that poor clerk "well up” in criminal matters, and several Mr. Kent should be the murderer and no one else. cases to conduct at one court (apart from the With a prosecuting counsel in each county, sub- feeling of knowing that a case on which they have ordinate to a head of the department in London, exercised their judgment at the preliminary exunder the Attorney-General, there would be no amination has been properly managed, and every ground whatever for appointing three prosecuting thing proper to be done to ensure a conviction has counsel, as proposed by the present Bill. Criminal been done), notwithstanding the low scale of fees prosecutions are properly intrusted to the junior allowed, there is some small profit attached to it; members of the Bar. It is their school of practice, they have the credit in case of a conviction being and no one who has attended quarter sessions will obtained of rightly advising the magistrates to deny that the duties devolving upon them are ably commit, have become accustomed to it as part of and most carefully performed. Nor is it desirable the business of the office, and it would be casting to transfer the management of prosecutions from a stigma on them to deprive them of these prothe various attorneys now employed in them to a secutions. On the other hand I know of cases in single attorney, to be appointed by the Govern- which the proscutor having exercised his right of ment, as proposed. Apart from the objection employing his own solicitor, the prosecutions have which such an amount of patronage would give entirely failed; and where solicitors, not accustomed rise to, it is impossible to expect that an attorney to criminal business, have been actually obliged however eminent in his own department, could to apply to the magistrates' clerk for information be equal in his professional knowledge to a as to how the prisoner should be indicted and the barrister of long standing and of eminent prac- case managed! The appointment of public prosecu tice. The appointment of an attorney, again, tors will entail a large tax on a country already might be dictated by party influences, but public overburdened with taxation, even if it be feasible in and professional opinion would effectually pre- country districts, where practitioners of standing, vent that in the case of counsel. During having a good private practice, would not accept the lifetime of the late Lord Brougham I have the appointments unless the remuneration be frequently discussed this question of a public many times greater than it is at present, and even prosecutor with him, and on one occasion I pre- then I think that prosecutions would not be better pared a Bill in concert with him and with his full managed than they are at present. I admit that sanction. The principle of that Bill was identical there have been lately several so-called “failures with the proposal made in this letter-viz., that a of justice," but these are isolated cases, and in prosecuting counsel should be appointed by the most of them, if not all, the prosecutions have Crown in every county, whose office should be been conducted by firms of solicitors, not clerks either for life or for a certain period, and that it to magistrates. The only thing wanting to APOLOGY TO THE LORD CHIEF JUSTICE.- should be his duty to receive the prosecutions in ensure a proper prosecution of public offenders, is The Duke of Argyll made on Monday what we may the earliest stage from the local attorneys em- an increased scale of allowance to prosecutors and call the minimum of apology for the very savage ployed to conduct them, that he should prepare witnesses for expenses, who, at present, are character of his attack in the debate of Thursday and direct the evidence, see that the necessary allowed the munificent sum of 3s. 6d. a day for week on what he then termed the railing and proofs were not wanting, and reject such charges performing a public duty, and for the trouble and almost ribald" accusation brought against the as could by no possibility lead to a conviction. annoyance occasioned by two or three days' com Government by the Lord Chief Justice of England. The appointment of such an officer would entail pulsory attendance at a court. The Duke only said that some of his expressions little expense, compared with the value of an inhad been felt by the Lord Chief Justice "as per-creased efficiency of criminal justice, and the sonally offensive to himself" (which is hardly more certain protection of lives and property; surprising), and that while he (the Duke) main- nor would it entail the entire revolution of criminal tained for any member of the Government the law practice, as proposed by the Bill of the Refullest right to discuss with freedom both the writing and the publication of the Lord Chief Justice's letter to the Prime Minister," and while he was disposed to think that there were expressions in the Lord Chief Justice's letter which were perhaps open to the same objection that they were personally offensive to members of the Government, yet, "under the circumstances he had no hesitation NOTE.-This department of the LAW TIMES being open to in expressing his regret for his use of any words which may have seemed personally offensive to the Lord Chief Justice." The Morning Post asserts that if this rather economical apology had not been made, the Lord Chief Justice would have been compelled to decline representing any longer the English Government before the Geneva Arbitrators, and we hold that he would have been right.-Spectator.
A PUBLIC PROSECUTOR.-Sir E. Wilmot writes to the Times: Having for many years, among other law reforms, earnestly advocated the appointment of public prosecutors, on account of the numerous abuses and miscarriages of justice which attend the present inadequate and faulty system of prosecution of criminals, I cannot help addressing a few lines to you on the subject of the Bill re-introduced by Mr. Walpole, and read a second time in the House of Commons on the 15th Feb. That Bill proposes radical alterations in a quarter where, at present, no complaint exists, and where the plan now adopted works well. At the present time, when offences have been com
corder of London."
CORRESPONDENCE OF THE
free discussion on all professional topics, the Editor is not
THE STAMP LAWS.-The important appeal case of Mollett v. Robinson, for decision in the House of Lords, would afford an opportunity, if legislative amendment shall be desirable for the future, to enact that the stamp law should also be made to include the certificate payable by a share broker or house and land agent for the same amount as by an attorney or notary. There is a large amount of investment of capital transacted by the share broker in the transfer of shares, as well as by the house agent in the preparing and completing leases and agreements, of letting and selling of property, and no annual licence or certificate is payable by them. Therefore all benefit thus gained by them for nothing is entirely under the qualification of, conveyancer or notary or attorney, who pays annual duty. Apart from the uncertainty of the law in the above case, your immediate attention to the amendment of stamp laws would be of great service to both branches of the legal Profession.
J. W. M.
I agree in the main with your corre spondent Mr. Keade, but this subject is not the only one for reform in police courts. Jus tices' clerks must be paid by salary not by fees. They would then have no pecuniary interest in any case. The magistrates will be spared the dis grace of fining and punishing in certain cases that their clerk should not lose his fees. We should have no clerks depending on police inspectors, and superintendents bringing work into their courts in a variety of ways well known to those experienced in police courts' practice. We should not find magistrates' clerks degrading themselves and their profession by dining and hob-nobbing with police superintendents. Though I believe the latter practice is not commonly done, it is done. But the prosecutor proposed to Parliament will not do. He should be a solicitor and have charge tion to conviction or acquittal. I do not see why or command and control of every case from initia
the coroner could not be made more useful than A. K. Z. he is by a combination of duties.
LAW CLERKS.-It is gratifying to me to know that I do not stand alone in the views expressed in my letter to your journal of the 21st Oct. last. The letters of Fidelis" and "Lex," which ap peared in your respective issues of the 10th Feb. and 24th Feb., are able elucidations of our grier ances, and the writers deserve our best thanks. Following in the same channel, I must say that it is equally surprising to me that matters so vital to our existence as respectable members of society have for so long a time been allowed to remain
dormant. If law clerks peruse weekly the columns of your valuable journal, they surely must be alive to the rapid inundations of gentlemen who are selling their services for paltry pittances which must barely enable them to eke out an existence. Are we to stand coldly by and see these things without making an effort to stem the destructive current? While every other class of men have established or are establishing protective associations, it is a notorious fact that we, as a body, are entirely vulnerable. As "Lex says, our employers are protected both by special Acts of Parliament and their associations, why should not the old adage "like master like man "be adopted? Our professional position is important, and it is of the greatest moment to ourselves and to our employers that our respectability should be maintained. This can only be done by making our avocation such as to tempt and retain respectable in our ranks, who will keep up our status both socially and pecuniarily. I am convinced that the major part of the remedy is entirely in our own hands, and I appeal to law clerks generally to co-operate and endeavour to establish an association which will protect and further their interests. With this end in view, I for one shall be glad if "Lex will give publicity to his imaginary scheme. In conclusion, I would say a few words as to the invasion we are subjected to by the "admitted man" and "accountant trustees." The remedy in this respect lies with our employers, and I hope they will give the matter their serious consideration. Scarcely a week passes without your journal containing some protest from solicitors with reference to their invaders. Now I would with all respect remind them of a maxim which they must have learnt at the outset of their studies, viz., "He who seeks equity must do equity." If they would stop invasions on their territory, they must themselves first cease to invade ours, or be the means whereby others do so. It is a gross injustice to us who have not had the good fortune to possess the means of becoming qualified solicitors, that "admitted men "should be allowed to snatch up these kind of clerkships for which we have worked hard, and which I maintain are our peculiar heritage. By encouraging accountant trustees," solicitors are not only doing their clerks injustice, but are themselves directly furnishing to these invasion," accountants the weapons of that against which they (the solicitors) have lately raised such an outcry. SPES.
gistrar's duties, and, though some of them may be
NOTES AND QUERIES ON
POINTS OF PRACTICE.
NOTICE.-We must remind our correspondents that this
column is not open to questions involving points of law
110. ASSAULT-MANSLAUGHTER -W. is charged and convicted before magistrates of an ordinary assault upon L. Three weeks afterwards L. dies of a disease from which he had previously suffered, but which is aggravated by the assault. Taking into consideration 21 & 25 Vict. c. 100, s. 45, can W. be indicted for manslaughter? I have some recollection of a case ou all fours with this, perhaps some of your readers can refer G. E. B. me to it.
111. WILL-RESIDIARY CLAUSE.-At the last Westmorland Assizes a case was sent down by the Court of Probate, to try the validity of a will, and the residuary clause thereof. The result of the verelict is to establish the will with the exception of the residuary clause, as to which there will be an intestacy. Can any of your readers quote an authority, for upsetting the residuary clause of a will, while the remainder is held valid?
J. H. A.
112. CONVEYANCING.-A., and B. his wife, mortgaze
grant to C. land to which B. is entitled in fee, and the deed is acknowledged by B. A. and B, on a subse quent advance, execute a deed of further charge. No words conveying any estate are used. Need such further charge be acknowledged by B.?
REPORT OF THE JUDICATURE COMMISSION -It has been long surmised what may be the leading features of this report, but until they came before the Profession in form, it was not right to discuss them. As, however, the resolutions are published in the LAW TIMES of the 17th instant, we may fairly now comment upon them. I propose to tronble you only upon those which refer to the registrars, and first to the resolution passed on 1st March 1871. Paragraph 1, which is, That the registrar of the County Court, in addition to his present powers, should have power to dispose of (amongst other things) claims under Now sir, are the public, who pay the salaries for the administration of justice, prepared for this change, and will they submit to have their "claims under £5," many of which involve important issues to the suitors, and points of law as difficult as in a case of a precisely similar nature where the claim is £50, disposed of by the registrars? The County Courts are now working well, and giving satisfac-by tion. It is not the public who are crying out for any change, but it is those who (as an eminent exChancellor would say) are pleased to call themselves law reformers. Paragraph 4 of the same resolution proposes: "That arrangements should be made for the speedy abolition of the office of treasurer of the County Courts, and that a considerable reduction should be made in the number of high bailiffs and registrars." This speedy abolition of the treasurer is only a continuance of the present system of (upon the death of a treasurer) transferring his duties to certain very able and polite gentlemen at the Treasury, but rumour, which generally catches hold of a little bit of truth, says that those unfortunate registrars and high bailiffs who are to be so "speedily, abolished," will also be "considerably reduced," in a pecuniary point of view, inasmuch as the present Liberal Government proposes to give no retiring pensions to them, nor any compensation for the loss of their office. The resolution passed on 5th Jan. 1872, sets forth, "That the report should be adopted, so far as it recommends the substitution for the present registrars of paid registrars at fixed salaries." Now, who are "the paid registrars at fixed salaries" to be substituted for the present registrars? Surely not other solicitors. Will it not, to a certainty, be, gentlemen, briefless of course, but nevertheless members of the Bar, to whom Government patronage would be most acceptable? They will have to learn the very A B C of the re
PROMOTIONS & APPOINTMENTS.
Gazette, Feb. 23.
To surrender at the Bankrupts' Court, Basinghall-street.
Reg. Wake. Sur. March 5
NORBURY, GEORGE, grocer, Marple. Pet. Feb. 19. Reg. Hyde
PEAKMAN, JOHN, metal broker, Liverpool. Pet. Feb. 17. Reg.
PREBBLE, WILLIAM GEORGE, inspector of nuisances, Blackburn.
PRIEST, THOMPSON, grocer, Manea. Pet. Feb. 17. Reg. Gaches.
Sur. March 9
STAFFORD, RICHARD, stonemason. Walmesley, near Bury. Pet.
WADE, CHARLES, pawnbroker, Leeds. Pet. Feb. 19. Reg. Marshall
YOUNG, WILLIAM miller, Newark-on-Trent. Pet. Feb. 20. Reg.
To surrender at the Bankrupts' Court, Basinghall-street.
SERRANO, AGUSTIN, and MALPARTIDA, ELIAS, proprietors of
HU BERSTONE, WILLIAM, builder, Walton-on-the-Naze. Pet.
MOORE, WALTER HENRY, Wine merchant, Coventry. Pet. Feb. 23.
NEWTON, JOHN, fishmonger, Sudbury. Pet. Feb. 17. Reg.
ROBINS, CHARLES, livery stable keeper, Redhill. Pet. Feb. 23
Liquidations by Arrangement.
ADAMS, THOMAS EXTON, co. n mercant, Ely; March 4, at eleven,
BELL, SAMUEL, tallor, S.de Moor; March 11, at eleven, at office of
BLANCHARD, WILLIAM, fellmonger. Pocklington; March 12, at
BOWRING, JOSEPH, pumper, Gerrard-st, Soho: Feb. 29, at one,
BROOKMAN, ISAAC, cheesemonger, Leather-la, Holborn; March 1, at twelve, at office of Sol., Hope, Serle st, Lincolu's-in-flelds BROWN, BENJAMIN, Paper maker, Wrotham; March 8, at one, at offices of Messrs. Sawyer, accountants, Adelaide-pl, Londonbridge. Sol., Bower
BURNILL, JOHN, fish dealer. Wakefield; March 6, at eleven, at
BUSH, EVAN, haulier, Bitton; March 7, at twelve, at office of Sol..
CARVER, JOHN, saddler, Birmingham; March 4, at three, at
CAVE, ABRAHAM CARTER, lace merchant. Nottingham; March 6,
COLLINS, CHARLES, artidei florist, Red Cross.st, and Upper
COMBIE, DUNCAN, merchant, Mincing-la; March 11, at three, at
CREBA, JOSEPH WILLIAM, manufacturer of portmanteaux,
DRAKE, FRANCIS EDWIN, surveyor, Pendleton; March 4, at
twelve, at 14. Tib-la, Manchester DUKE, THOMAS, no occupation, Howden; March 9, at eleven, at office of Braithwaite and Co., Middlesborough. Sol., Bainbridge, Middlesborough
MR. JOHN ASHER FOYSTER, of Salford, Lanca-
MR. LEONARD JOHN DEACON, of Peterborough, (Deacon and Wilkins) is appointed by the Honourable George Wentworth Fitzwilliam, Under Sheriff of the Counties of Cambridge and Huntingdon.
BREAKFAST.-EPPS's CocoA.-GRATEFUL AND COMFORT-
Gazette. Made simply with Boiling water or Milk. Each
ter; March 8, at twelve, at the Great Western hotel, Birming-
EARLE, HENRY, attorney, Bedford-row; March 9, at one, at the
FARRER, WILLIAM, commercial traveller, Manchester; March 6,
FIELD, WILLIAM, grocer, Luton; March 7, at half-past twelve, at
FLETCHER, JOHN, drysalter, Salterhebble, near Halifax; March
FURNESS, EMMA, widow, out of business, South crescent, Store
GREATOREX, JOHN, grocer, Wrexham; March 8, at twelve, at office of Sols., Acton and Bury, Wrexham
HARVEY, WILLIAM, miller, Gazeley; March 4, at half-past twelve, at the Suffolk hotel, Bury St. Edmunds. Sol., Greene, Bury St. Edmunds
HIBBINS, WILLIAM WILMOT, general merchant, Liverpool, March 5, at three, at office of Sols., Whitley and Maddock, Liverpool
HODGINS, JOHN, boot manufacturer, Deansgate, in Manchester; March 11, at three, at the Star inn, Deansgate, Manchester. Sol., Woodall
HODGINS, WILLIAM, draper. Deansgate, in Manchester; March 11, at three, at the Star inn, Deansgate, Manchester. Sol., Woodall HOPE, JOHN HENRY, solicitor, Newcastle; March 4, at cleven, at office of Sol., Story, Newcastle HOROBIN, WILLIAM, grocer, Middlesborough: March 8, at eleven, at office of J. Braithwaite and Co., accountants, Albertrd, Middlesborough
HUDSON, JAMES, hat manufacturer, Manchester; March 7, at three, at offices of Sol., Warburton, Manchester IZARD, WILLIAM, builder, Penelope-house, Hamilton-rd, Bethnalgreen: March 2, at three, at the Victoria tavern, Victoria-pk Bethnal-green. Sol., Hicks, Lansdown-ter, Victoria-pk JACKSON, JOHN, builder, Wallsend; March 7, at one, at office of Sol., El-don. Newcastle
KERRY, JOHN COPEMAN, miller, Roydon: March 14, at eleven, at office of Sols., Messrs. Gudgeon, Stowmarket
KNIBB, HENRY, manufacturing jeweller, Birmingham; March 5, at three, at the Great Western hotel. Birmingham LAWSON, JANE, grocer, West Auckland, March 8, at one, at office of Sol., Thornton, Bishop Auckland
LONGFIELD, CHARLES, builder, Birmingham; March 6, at three, at office of Sol., Jaques, Birmingh+m
LUPTON, THOMAS, tapster, Bradford; March 1, at three, at office of Sol., Browning, Bradford
MALCOLM, JOHN, beerseller. Hanley; March 4, at two, at offices of C. Saxton, 9, New-st, Hanley. Sol., Welch, Longton MCDONALD, JOHN, ollman, Crown-st, Holborn; March 12, at four, at offices of Sol., Wetherfield, Gresham-bldgs, Basinghall-st MEGGITT, JOHN, plumber, Church-ct. Richmond; March 14, at three, at the Rose Cottage hotel, Richmond-hill. Sol., Marshall, Lincoln's-inn-fields
MILLICHAMP. EDWARD WHEELER, grocer, Gorleston: March 6, at twelve, office of Sols., Cufaude and Palmer. Great Yarmouth, MITCHELL, HENRY, innkeeper. West Hartlepool; March 14, at three, at office of Sol., Bell, West Hartlepool
MOOR, LOT, Woollen draper, Stockton; March 6, at three, at office of Sol.. Dobson, Middlesborough
Moss, EMANUEL, cabinet manufacturer, St. Mary-axe: March 7,
ORR, DAVID TODD, master mariner, Canton-st, East India-rd, and Irvine, Scotland; March 7, at twelve, at office of Sols., Westall and Roberts, Leadenhall-st
OWEN, EDWIN, cabinet maker, Wrexham; March 8, at two, at Anderton's hotel, Fleet-st, London. Sol.. Sherratt, Wrexham PACKMAN, JAMES WOOD, fish salesman, Nicholas-st, Mile-end; March 9, at three, at the Victoria tavern, Victoria-pk. Sol., Hicks, Lansdowne-ter, Victoria.pk
PALMER, HERRERT, late draper, Glen-honse, Manor view, Brixton; March 11, at one, at 4, Brunswick-eq, Sol., Yarde PARK, WILLIAM, jun., commission agent, Barnsley; March 5, at two, at office of Eol., Frudd. Barnsley
PRESTON, JOHN, plumber. Manchester; March 2, at twelve, at office of Sol., Addleshaw, Manchester
PRESTON, WILLIAM, plumber, Manchester; March 2, at half-past eleven, at office of Sol., Addleshaw, Manchester
RANDELL, EDWIN EBENEZER, carver, Brighton; March 12, at three, at office of Sol., Lamb, Brighton
RUSSELL, SARAH JANE, grocer, Gloucester; March 4, at eleven, at offices of Sol., Essery, Bristol
SERRANO, AUGUSTIN, merchant, Great Saint Helen's; March 8, at two, at the Guildhall tavern, Gresham-st. Sol., Michael, Gresham bldgs, Basinghall-st
SHEPHERD, WILLIAM, common carrier, Willenhall; March 8, at eleven, at office of Sol., Glover, Walsall
SNELLING, WILLIAM BLOMFIELD, late upholsterer's assistant, Brighton; March 6, at three, at offices of Sol., Brandreth, Brighton
STRINGER, FREDERICK, boot dealer, Salford; March 8, at three, at office of Sol., Dewhurst, Manchester
STURGEON, CHARLES WENTWORTH DILLON, barrister-at-law, King's Bench-walk, Temple; March 19, at two, at office of Croysdill, Saffery, and Co., Old Jewry-chambers, Sols., Lumley and Lumley, Conduit-st, Bond-st SWEATMAN, WILLIAM, blacksmith, Middlewich; March 7, at eleven, at office of Sol., Fletcher, Northwich
TARNS, JOSEPH, Cooper, Burslem; March 4, at ten, at office of Sol., Hollinshead, Tunstall
TEBBY, ALFRED, provision dealer, Liverpool; March 7, at three, at office of Sol., Wilson, Liverpool
THOMPSON, JAMES, draper, Liverpool; March 7, at two, at office of Sol., Etty, Liverpool
THORPE, WILLIAM, merchant's clerk, Sneinton; March 15, at twelve, at office of Sol., Elliott, Nottingham
TOYE, REUBEN JEREMIAH, leather seller, Green-st, Bethnalgreen-rd; March 2, at eleven, at office of Sol., Parsons, Railwayapproach, London-bridge
TYNDALE, CHARLES, TYNDALE, JOSEPH, and LEA, RICHARD, drapers, King's.rd, Chelsea; March 12, at two, at two, at office of Ladbury, Collison, and Viney, accountants, Cheapside. Sol., Sturt, Ironmonger-la
UNWIN, JOHN, heald manufacturer, Stockport; March 14, at halfpast two, at office of Sol, Marsh, Stockport
UREN, JOHN, market gardener, Penryn; Feb. 29, at two, at office of Sol., Jenkins, Falmouth
WARD, ALFRED, builder, Hanley: March 5, at eleven, at the
WARD, THOMAS DANIEL, painter, Taunton; March 5, at eleven,
WILLIAMS, OBADIAH, tobacco manufacturer, Burslem; March 5,
ABRAHAMS, SOLOMON LYON, general dealer, Ashford; March 11, at half past twelve, at the Bridge House lotel, London-bridge, Southwark. Sol.. Goodwin, Maidstone
ALP, GEORGE, blacksmith, Great Wakering; March 11, at twelve, at office of Sol., Preston, Mark-la
ATKINSON, SAMUEL, joiner, Sunderland; March 8, at eleven, at office of Sol., Bentham, Sunderland
BEACH. WILLIAM, and PARISH, JAMES HORATIO, builders, New
BLOOMER, CALEB, iron merchant, Leadenhall-st, London, West
EATON, WILLIAM, general dealer, Rochester-row, Westminster; March 18, at twelve, at office of Sol., Poncione, jun., Raymondbides, Gray's-inn
ELLIOTT, ANDREW, boot maker, Lincoln: March 9, at cleven, at office of Mr. Jay, accountant, Lincoln. Sols., J. and R. Swan and Bourne, Lincoln
ELSAM, WILLIAM, paper agent, Upper Thames-st; March 19, at three, at offices of Sols, Lumley and Lumley, Old Jewry-chmbs ALEXANDER, FITTON, FREDERICK machinist, Manchester; March 8, at three, at the Clarence hotel, Manchester. Sol, Jones, Manchester
FRAMPTON, HENRY, tailor, Worcester; March 9, at eleven, at office of Sol., Rea, Worcester
FRENCH, ANN, innkeeper, Birdbrook; March 12, at eleven, at office of Sol., Cardinall, Halstead
FRENCH, WALTER, wheelwright, Birdbrook; March 12, at eleven, at office of Sol.. Cardinall. Halstead
GILL, ROBERT, carpet warehouseman, Manchester: March 11, at three, at office of Sols., Gardner and Horner, Manchester
GLASSCOCK, JAMES HICKMAN, brewer's agent. Rainham; March PARTRIDGE AND COOPER
14, at three, at office of Sol., Stephenson, Chatham
HUCKSTEPP, Joux, coal merchant, Faversham; March 9, at one,
KENT, WILLIAM, grocer, Nottingham: March 15, at two, at office
LATHAM, ALFRED WILLIAM, surgeon. Darlaston; March 12, at
MITCHELL, JOHN, corn factor. St. Ives, and Somersham; March
NATHAN, HARRIS, furniture dealer, Wolverhampton; March 11,
PLAISTED, REBECCA, grocer, Abersychan; March 11, at eleven,
PLAYFORD, JOHN, baker, King's Lynn: March 12, at twelve, at office of Sols., Messrs. Nurse. King's Lynn
RAMWELL, ROBERT, brewer, Manchester; March 13, at three, at
office of Sol., Sampson, Manchester
RAWKINS, EDWIN, hoster, Harrow.rd; March 12, a three, at office
RICE, GEORGE WILLIAM, painter, Ilfracombe; March 13, at one,
ROWLANDS, LEWIS, blacksmith, Caerwent: March 12, at twelve,
SUTTON, JOHN, auctioneer, Salisbury; March 6, at three, at office
SWIDENBANK, THOMAS, draner, Tredegar; March 12, at one, at
TAIT, WALTER, boot dealer, Sunderland: March 13, at three, at
TATE, GEORGE WILSON, plumber, Alnwick; March 11, at two, at
THOMAS, ALEXANDER FLEMING, general draper, Eccles; March
THORNHILL. EDWARD, machine fitter. Bradford, near Manches
WATKINS, JOHN, commission merchant, Threadneedle-st, City;
WHEELDON, JAMES, shopkeeper, Claydon; (March 11, at eleven,
WIGHT, THOMAS, iron merchant, Middlesborough; March 14, at
WHOLESALE & RETAIL STATIONERS,
192, FLEET-STREET, and 1 & 2, CHANCERY-LANE, LONDON, E.
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CIENTIFIC PRESENTS.-Collections to illustrate" Lyell's Elements of Geology," and facilitate the important Study of Mineralogy and Geology, can be had at 2, 5, 10, 20, 50, to 500 guineas; also single specimens of Minerals, Rocks, Fossils, and Recent Shells, Geological Maps, Hammers, all the recent publications, &c., of J. TENNANT, Mineralogist to Her Majesty, 119, Strand, W.C. Private instruction is given in Geology and Mineralogy by Mr. Tennant, F.G.S., at his residence, 119, Strand.
FOR COUGHS, COLDS, ASTHMA,
HE GREAT REMEDY of the day is
A few doses will cure all incipient cases. Caution.-The extraordinary medical reports on the efficacy of Chlorodyne renders it of vital importance that the public should obtain the genuine, which is now sold under the protection of Government, authorising a stamp bearing the words "Dr. J. Collis Browne's Chlorodyne," without which none is genuine. See decision of Vice-Chancellor Sir W. Page Wood, the Times, July 16, 1864. From Lord Francis Conyngnam, Mount Charles, Donegal, 11th December 1963: Lord Francis Conyngham, who this time last year bought some of Dr. J. Collis Browne's Chlorodyne from Mr. Davenport, and has found it a most wonderful medicine, will be glad to have
The Official Assignees, &c., are given, to whom apply for the half a dozen bottles sent at once to the above address."
Gamble, E. draper, first and final, 10s. 1d. At offices of Trust. S. Hunt, jun., 54, Portland-st, Manchester.-Giddes, W. B. miller, Arst. Hs. At office of J. Davies and Co., accountants, Commercialchmbs Warrington.-Hadea, W. H. ironmaster, first, 28.6d. At office of Trust. W. E. Davies, 107, Newhall-st, Birmingham.-Hay, C. S. boot dealer, first and final, 23, 3d. At office of Trust. A. B. Boal, 30, Malt Shovel-yd, Halifax.-Jenniays, T. G. and J. plumbers, first, 2s. 6d. At office of Trust. A. Nickerson, 51, King William.st.Jones, R. grocer, second, 28. At office of Roose and Price, accountants, 26, North John-st, Liverpool.-Peters, R. builder, first and final. 1s. 6d. At office of Trust. T. L. Elliott, Brewer-st, Ashford.Piggins, W, butcher, first and final, es. 6d. At office of Trust. J. Bacon. Attleborough.-Reynolds, A. auctioneer, 108. At Gee and Co.'s Bank, Boston.-- Williaas, W. draper, first and final, 5s. 3d. At office of Trust. E. H. Owen, 23, Bridge-st, Carnarvon.
MARRIAGES. CORY-HERVEY.-On the 19th ult., at All Saints, Kensington, by the Rev. J. Light, M.A., vicar. Henry Cory, only son of the late H. G. Cory, Esq., of Holsworthy, Devon, solicitor, to Flora Leighton, youngest daughter of the late G. Hervey, Esq., of Westbourne park, London.
WITT-COOPER.-On the 21st ult., at St. Mark's Church, Hamiltonterrace, Gerard Ranelagh, youngest son of Dr. Witt, M.R.C.P., of Spring-gardens, St. James's-park, to Cecilia Jane Seymour, youngest daughter of William Bush Cooper, Esq., of the Temple, and Llwyndwfr, Carmarthenshire.
DEATHS. BUCKLE.-On the 22nd ult., at Lincoln-road, Peterborough, aged 52, Samuel Charles Watson Buckle, solicitor. GIBSON. On the 20th ult., at 22, Merrion-square North, Dublin, aged 64, William Gibson, Esq., Taxing Master of the Court of Chancery in Ireland.
HANDURY.-On the 21st nlt., at Kensington, Lionel Henry Hanbury, Esq., barrister-at-law.
LAWSON. On the 25th ult., at Suez, aged 50, George Lawson, Esq., District Judge of Ceylon.
Sold in bottles, Is. 1d.. 2s. 9d., and 4s. 6d., by all chemists Sole manufacturer, J. T. DAVENPORT, 33, Great Russellstreet, London, W.C.
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COX'S CRIMINAL LAW CASES. Edited by EDWARD W. COX,
Serjeant-at-Law, Recorder of Portsmouth. Vol. XII., Part III., price 58. 6d. The Parts and Volumes may still be had to complete sets. It is the only complete series of Criminal cases published in England. An Appendix contains a valuable collection of Precedents of Indictments. London: HORACE Cox, 10, Wellington-street, Strand.
The Law and the Lawyers.
A SOLICITOR has become a candidate for the coronership of the City-Mr. TURNER, of the firm of Messrs. SOLE, TURNER and TURNER, of Aldermanbury. Mr. BESLEY, we understand, has retired.
THE saying that law is the perfection of reason has become a proverb. It should be known that even if this be an axiom, it is not applicable to every branch of our law and the practice under it. In VOL. LII.-No. 1510.
Prosser v. The Bank of England, Vice-Chancellor WICKENS declined, with all deference, to consider equity practice the perfection
THE Mayor's Court would appear to have disposed of its average amount of business during 1871. There were 15,483 actions brought, 833 attachments, and seven equity suits, the aggregate amount in litigation being £971, 225, of these 1088 causes were entered for trial, and 408 actually tried at 85 sittings of the court. Of judgment summonses, 3977 were issued and 2705 heard. Of the actions, 4425 were for amounts under £10, 7915 for amounts over £10 and under £20, 2444 for amounts over £20 and under £50, and 680 for amounts above £50. The foreign attachments involved an aggregate sum of £659,876.
THE Albany Law Journal comments somewhat unfavourably upon the American "case" in the Alabama dispute. It remarks:"The beauties of pleading under the old system are finely illustrated in the proceedings thus far under the so-called Alabama treaty. The United States have prepared, for use before the joint high commission, what is analogous to a declaration in commonlaw practice. For fear that they will be thrown out of court, or something else, they complain of every imaginable matter, whether they hope anything from it or not. In a multitude of counts there is safety, seems to be the motto of the American pleaders. Of course the defence pleads the general issue, and this is as far as the parties can get before the trial comes on. All persons familiar with the ways of the common-law lawyers measure the cases published at their true value. The great misfortune is that the public on both sides of the water, not being familiar with legal fictions outside of the courts, are misled, and this misfortune is aggravated by partisans who are anxious to embarass government action, both in the United States and England."
A POINT taken in the course of the debate on Sir ROUNDELL PALMER'S resolutions deserves more consideration than it received. Admission into the Professions, and particularly to the Bar, taxes the pecuniary resources of candidates too much, and their mental resources too little. Up to the end of last year the question of going to the Bar was simply one of money. It is now equally a question of money, but also a question of brains. The tax imposed by the revenue upon candidates for admission to practise the law is very heavy-much heavier in the case of an attorney than in the case of a barrister. The majority of youths from college will find it difficult to pass the examinations without preparation with private tutors, and this is expensive. The same observation has long been applicable to attorneys. These duties which the revenue demands ought to be considerably reduced or altogether removed, the attorneys' certificate duty going with them. We do not attach much weight to the argument that if the stamp duties were abolished many of the public would become members of the Inns of Court, and thus learn some law; but it is much to the interest of the Profession that the Revenue should have as little as possible to do with it.
THE Legal Profession generally finds a means of giving expressions to its opinions, and the efficacy with which this is sometimes done has been illustrated at Huddersfield. Municipal authorities are sliding into very loose habits, and Huddersfield and Bridgwater seem to be governed by much the same class of person. Bridgwater made a violent effort to induce the Government to accept their nominee for the recordership; Huddersfield has appointed a clerk to the borough magistrates mainly on the ground of his political colour. Bridgwater was saved by the HOME SECRETARY, but the election of magistrates' clerks is no affair of state, and consequently Huddersfield goes unrebuked. As a fact, Mr. MILLS, the new borough magistrates' clerk, is an estimable gentleman, and a good lawyer, but because he was the nominee of a political clique, his election was made a matter of course, although there were many candidates. No single attorney of the town attended when he took his seat. On the other hand Mr. SYKES, who took his seat as clerk of the county magistrates about the same time, after an election in the ordinary course, was warmly greeted by a full Bar. The lesson is one which municipal cliques will do well to remember.
PATENT agents were taught a very useful lesson in the case of Lee and others v. Walker, which was decided by the Court of Common Pleas on the 9th ult. A patent agent obtained for his clients provisional protection for an invention, but by delay allowed another inventor, whose invention was provisionally specified at a later day, to be beforehand in obtaining a patent. The patent agent thought that a patent so obtained was worthless, being ignorant of the decision of the LORD CHANCELLOR in Ex parte Bates v. Redgate (21 L. T. Rep. N.S. 410.) The following is a paragraph in our reporter's headnote: "The existence of a prior provisional specification is not a ground on which
the ATTORNEY-GENERAL ought to refuse to allow a second provisional specification by another inventor to be filed; and in the event of the later applicant for provisional protection being the first to obtain a grant of the letters patent, his patent is a bar to the grant of letters patent for the same invention to the earlier applicant for such provisional protection." The agent was, therefore held liable in an action for negligence. Mr. JUSTICE GROVE said that patent agents are bound to know the law affecting the practice of their profession, and advised them to follow the decisions of the courts with some care. We trust they will succeed in understanding what they read.
A SINGULAR article appeared in the Pall Mall Gazette on Monday with reference to the debate on Sir ROUNDELL PALMER'S resolutions. Within thirty-six hours of the debate-Sunday intervening -we are told by our contemporary that the "long and earnest discussion among the lawyers of the House of Commons on Friday evening appears to have produced in the mind of the British public a feeling of profound perplexity. Now it is perfectly obvious that between Saturday morning and Monday morning our contemporary can have had no possible means of ascertaining the condition of the British mind at all, and to arrive at the conclusion that in that mind a feeling of profound perplexity had been excited is a piece of journalistic impudence of a gross kind. In the same article this remarkable passage occurs: "The truth is, the interest which is really at stake is not professional, but popular and general. The English public, which cares nothing about it, is in reality most intimately concerned with the reform of legal education." British public is therefore represented as being "profoundly perplexed" about a matter for which "it cares nothing," whilst the matter is really one which concerns it most deeply. The truth doubtless is that the public has not entered into the question under discussion, and that it never will. The "profound perplexity" is a bit of imaginative writing on the part of our contemporary; but whether it did exist or not is a small matter. The fact that the public is not much concerned about legal education enhances the credit due to the lawyers for initiating a reform and the discredit due to those who throw difficulties in the way.
A POINT of great importance to that large class of shareholders who think second thoughts are best, was decided this week in Lewis Harris's case, by Vice-Chancellor MALINS. Mr. HARRIS applied on the 5th March, 1866, for 200 shares in the Imperial Land Company of Marseilles, and on the 15th of the same month an allotment committee, consisting of three of the directors of the company, allotted him half the number applied for. On the morning of the 16th the usual letter of allotment was posted to the applicant, and reached him in due course next day. Mr. HARRIS, however, had written on the afternoon of the 16th to the company withdrawing his application. Several questions had to be decided by the court, but the principal one was whether Mr. HARRIS's letter was a valid repudiasion of the allotment. The VICE-CHANCELLOR, without calling on the liquidator's counsel, decided that it was. It appears from this decision that an application for shares is a continuing offer until allotment or withdrawal, and that the postage of the letter of allotment to the applicant completes the contract, although the applicant may have sent a withdrawal of his offer before such letter reached him. It will be noticed how much this decision narrows the rule laid down in Hebb's case (L. Rep. 4 Eq. 9), that the person applying for shares is not bound until the acceptance of his offer has been communicated to him. It now seems that if the applicant receives the letter of allotment, the contract to take shares was completed when the letter was posted; but if the letter is never received, it would appear from Finucane's case (17 W. R. 813), that under ordinary circumstances there is no completion of contract by its postage by the company.
THE Government is on the verge of another gross blunder in the matter of legal administration. As we announced last week it is the LORD CHANCELLOR'S intention to transfer Mr. J. A. RUSSELL, County Court Judge of Manchester, from that city to Liverpool, and to give to Mr. OSBORNE the district of Manchester in addition to that of Salford. But it appears that Salford has one or two outlying districts, and these the LORD CHANCELLOR proposes to tack on to the district of the neighbouring Judge, Mr. GREENE. Mr. GREENE, already overworked, resigns. Thereupon the LORD CHANCELLOR asks Mr. RUSSELL to remain until the 30th instant at Manchester, and Mr. GREENE to continue his duties until that date. These manœuvres are simply resorted to in order to save a Judge, for we understand that Mr. RUSSELL is much valued at Manchester, and does not wish to be transferred, whilst Mr. OSBORNE, who was at the Equity Bar, is not pre-eminently fitted for a commercial centre like Manchester, and, moreover, is ill, and has been doing his work by deputy for the past two months. We believe the LORD CHANCELLOR has requested the Salford stipendiary magistrate to do Mr. OSBORNE'S work until he recovers his health. And what is the business
which is being thus trifled with? In Manchester last year the court disposed of 8049 cases without, and twelve cases with, a jury. The business of Salford during the same period comprised 7981 cases without a jury, and five with, besides equity and bankruptcy matters. Therefore the LORD CHANCELLOR proposes to double the work of the Manchester Judge whilst reducing the judicial power. We are glad to hear that these arrangements are not to be quietly submitted to. The Manchester and Salford Corporations, the Manchester Trade Protection Society, the local Bar, and the Manchester Law Association object to the change, and have obtained an appointment with the LORD CHANCELLOR for Wednes day next, with a view to induce him to reconsider his decision. We once more warn the Government that this policy of retrenchment will ruin the County Courts, and seriously diminish the chances of successful reform in the future.
THE vigorous manner in which the law has been recently admi nistered by the justices of Middlesex in refusing a licence to Cremorne Gardens, Highbury Barn, and other places of public amusement naturally draws attention to the existing state of the law. The statute under which the theatres and music-halls are licensed is the 25 Geo. 2, c. 36, passed in the year 1752-a time when the manners and habits of enjoyment of the people of the metropolis were very different from those of their overworked descendants. The antiquated watchmen of those days no doubt had considerable difficulty in preserving the public peace, and there was then no strong reserve of police, whose duty it was to inspect and report the manner in which the places of public amusement were conducted. On the contrary, we find it stated in the Act that the multitude of places of entertainment was a just cause of thefts and robberies, and as the lower sort of people were in the habit of frequenting these places, and there spending their small substance in riotous living, which led them to seek unlawful means of supplying their wants, it was enacted that every house, garden, or other place kept for public dancing or music in the cities of London and Westminster, and within twenty miles thereof, must be licensed by the justices at quarter sessions, on pain of being considered a disorderly house, and of forfeiting the sum of £100 to any common informer who might sue for the same. Although the Act so far is stringent, yet we do not cavil at its provisions; the granting of a licence is put under the absolute control and power of the Middlesex magistrates, and so long as they do not exercise undue authority, no better corrective tribunal can be chosen. We now come to treat of that portion of the Act, which, in the present day, is intolerable, and we must express our surprise that it has remained on the Statute Book so long. It goes on to enact that no house, garden, or public place, kept for the purpose of music and dancing, although legally licensed, shall be open for any such purpose before 5 o'clock in the evening, under pain of the forfeiture of the licence, and refusal of all future permission to perform. The way in which the difficulty thus created is overcome appears from the evidence of a witness who was called before a select committee of the House of Commons, in the year 1853, appointed to inquire into the matter, who there stated that a subscription concert is got up with patrons and patronesses, and by that means the statute is eluded. The witness said "If a concert were to be given in the ordinary way, in Exeter Hall before 5 o'clock in the evening, there is very little doubt but that every person attending it might be apprehended as a rogue and a vagabond, and the parties subject to a penalty of £100, and no concert ever be held in the building again.' Such results never were in the contemplation of the Legislature, and a select committee having sat and taken the subject into serious consideration so long ago as 1853, it is nearly time that their labours should bear fruit in the shape of an amendment of the present law.
THE TICHBORNE CASE.
THIS great case has terminated in the only way which, after the speech of the ATTORNEY-GENERAL, it was expected that it would terminate-it has been stopped by the jury. The precise form in which the plaintiff's counsel chose to take his defeat is of no moment, and whilst the Profession, like the public, was for a considerable period divided in opinion, it is difficult to suppose that any member of it entertains a doubt that the defeat is crushing and utterly irretrievable.
Vast as the labour is which has been imposed upon all parties concerned in the trial of the cause, the issue was excessively simple, and the question is now bandied about, Why did not the jury see through the imposture, and long since put an end to the suspense and the cost? Now the jury has more than once been very highly and most deservedly complimented, and we cannot see that they delayed a moment in taking advantage of the means offered to them by the defence of coming to a definite conclusion. The first communication made by them had reference to the tattoo marks; here was the first complete loophole in the network of evidence thrown around them, and without the semblance of haste or want of consideration they escape from the impending torrent of witnesses to be called to prove a defence with which they already concur. That is to say,