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THE TICI BORNE CASE.
Saturday, March 9.
COURT OF DIVORCE. fie TIE BIRKEREAD BENEFIT BUILDING through the National Bank of Liverpool (Limited),
Monday, March 11.
(Before Lord PENZANCE, J.O.)
TOMKINS v. TOMKINS (the Queen's Proctor 5. 41. the only trio outstandin: claimants against the
intervening). T418 was a petition by a creditor for an order to estate of the International Contract Company Dissolution—Decree nisi-Queen's Proctor's interww-up the above-named company. The order to (Limited), by means of which compromises it was vention-Particulars of Queen's Proctor's charge wind-up was not opposed, but the company intended to put an end to all substantial gation required-Amendment of his petition only applied to have the proveeding; transferred to the subsisting with reference to the estate of the com. allowed on his paying the petitioner's costs. County Court of Birke. hun i, under the provisions pany, and therebyty facilitate the ultimate winding. In this case the wife, the petitioner, had obtained 4,f the Companies Act 1862, s. 41, on the grounds up of its affairs at an early date. The company a decree nisi for the dissolution of her marriage, shat the coinpany was a purely local one, that all was in process of windiny-up, under an order and on 14th June 1871, the Queen's Proctor inter. the creditors resided at Birkenhead or Liverpool, made in July 1865. Mr. Hankey was formerly a vened and charged her with collusion, suppression and that the assets of the company only amounted director of the company, and he stated that in of material facts, and adultery. On 10th Feb. 1872, to about £100.
July 1871, he promotei a scheme for the purpose the petitioner obtained an order calling on the Robinson was in support of the petition. of closing the winding-up), but that it failed by Queen's Proctor to furnish particulars of the Kardswell and Slaven appeared for the company. reason of the oppositi n offered to it. The total charges of adultery; and
The VICE-CHANCELLOR made the order to win. amount of the debts proved azainst the company Scarle now moved on behalf of the Queen's up the company, an l directed the proceedinys to in the winding-up was £314.816 163. 31., and the Proctor for leave to amend his petition by be transferred to the County Court of Birkenhead. creditors were forty-six in number. The petition amending certain dates. It was impossible to Solicitor for the petitioner, Rethrall.
prayed that the proposed compromises might be give particulars until this was done, because the Solicitor for the coinpany, W. W. Wynne. sanctioned by the court, and that the liquidator | particulars would not correspond with the dates
might be ordered to concur in all acts and instru. in the petition.
ments necessary for formally expressing the same, Inderwick, for the petitioner, submitted that she F. iday, March 8. and giving effect thereto; and that for those
was a poor woman, and that the Queen's Proctor GUMM v. HALLETT.
purposes such directions might be given as to ought to pay the costs to which she was put by Arbitration, Taree arbitrators- Avraril of one-proceedings in chainbers or otherwise as the the inotion.
Corunan Law Procedure Act 1851, s. 13. circumstances of the case required The petition The Court.-Certainly. The Queen's Proctor This cause carne on upon exceptions to the chief was served only upon the liquidator of the will not be permitted to amend his petition except clock's certificate, by which he had disallowed company.
on the condition of paying the costs. a sua of £13+ 10s. 100., claimed under an award, the validity of which was disputed. By the terms
Sir R. Palmer, Q. C. and Kekewich, for the Attorneys for petitioner, Vizard and Croucler. of the reference to arbitration under which the
petitioners. awar I was made, all matters in dispute were to
The Solicitor-General and Murten; Lindley, Q.C., de referred to thrre arbitrators, one to be chosen Miller, Q.C., Waller, A. G. Martei, Jackson, and LEGISLATION AND JURISby etch party, and the third to be chosen by the Horton Smith for creditors who supported the
PRUDENCE, tw, so appointel, and the award of any two of petition. thein wis to be final. Disputes having arisen, Sir John Karslake, Q.C. and Thitehorne, for
HOUSE OF COMMONS. aud one of the parties havin; neglected to appoint the official liquiilator, and Nupier Hiugins, Q.C.,
Thursday, March 7. an arbitrator, the arbitrator appointed by the Macnnghten, and Ince for creditors, opposed the other party milo an award alone.
petition. Little QC. and Juckson appeared in support of The Vice-CHANCELLOR said, though there were
Mr. Eykyy asked the Home Secretary whether, the awarii.
independent creditors who sunported the petition taking into consideration the absence of a public Kay, QC. and Charles Hall onpnsel it. and co-petitioners with Mr. Honkey, yet, accord.
prosecutor, it was the intention of Her Vajesty's The Vice-CHANCELLOR held that the award ing to the evidence, he must treat the petition as
Government to undertake the prosecution of the 38 inoperative, and that the arbiteation clausts presented by Mr. Hankey himself for his own
person who laid claim to the Tichborne estates, of the Common Law Procedure Act 1854, did not personal benefit. If he were to countenance the and such other persons as might be proved to apply when the reference was to more than two petition, the course suggested would lead to ex
have been implicated therein. He was not a vare arbitrators. The exception must therefore be treme inconvenience, and was one which the last night when he gave notice of his question tiat disallowed.
court ought not to encourage. Under these cir- the Attorney-General, at the close of this remarkSolicitors : Lawford and Waterhous?; Simpson cumstances he should make no other order than able case, had stated that the Government would and Cullingford. that of dismissing the petition with costs, should be forgiven if he asked the Government
prosecute the claimant for perjury. He hoped he excep'ing the costs of the creditors who supported it.
whether it was their intention to prosecuto any V. C. WICKENS' COURT. Solicitors : Stevens, Wilkinson, and Harris; Mr. SCOURFIELD.Is it not the faet that the
other of the parties connected with the case, March 7 and 8.
perTatham and Son; M. A. Roly ; Lewis, Munns and THE POWELL DUFFRYN STEAM COAL COMPANY Co.; Tilleard, Godden and Holme.
son calling himself Sir Roger Tishburn has been
liberated on bail and has left England --The (LIMITED) v. THE TAFF VALE RAILWAY COM
ArTorney-GENERAL.- My righi hon. friend the PANY, Railway company-Right to use the line-Motion
Home Secretary has desired me to answer the COURT OF PROBATE.
question of the hon, member. It is true that at to restrain obstruction. This was a motion on behalf of the plaintiffs
Tuesday, March 12.
the conclusion of the trial yesterday did make in the above suit, for an interim injunction
(Before Lord PENZANCE.)
a statement that the Government of the country to restrain the defendants, their servants and
were prepared to take up the matter and condact In the Goods of PARNELL.
against the claimant a public prosecution, and I agents, from locking the gates the de fendants' railway, or per nitting the
Will-Guardians of minor, appointed with power may observe that in any case of this kind they to be locked, and from keeping or permitting
to survivor to appoint a guardian in case oj the prosecute almost as a matter of course. The
death of one-12 Car. 2, c. 21. the same to be locked, and from making or
question is not in the least degree affected by the permitting any other obstrutiva, or doing or THOMAS PARNELL, late of the Hermitage Bridg: existence or non-existence of such a functionary
as a public prosecntor. There is no doubt the permitting any other thing so as to prevent or in Estate, Smithfield, died on 14th Maren, 1837), terfere with the proposed use by the plaintiffs of having only executed a will bearing date, 9th prosecution will be conducted, and conducted the railway. The bill, in the suit, besides praying May, 1862, of which he appointed Willia:n King with the best ability the Government have at
their disposal. (Hier, hear.) My hon. friend for an injunction in the above terms, also prayed
? Tossett, and Louisa Parnell, spinster, executor:. for damages in respect of the alleged wronyful con: He also, by his will, appointed them to be the must excuse mo from saying a word abont conduct of the defendants. Th: plaintiffs proposed guardians of his daughter, Ciara Jane Parnell aucting a prosecution against any other person to run their own trucks and ongines along the de: during her minority, and he further directed than the claimant. Although it would be moet fendants' line, and to pay the proper tolls for that in the event of the death of either of unjust and improper to make any charges against asing the line, and they maintzined that as they had another person to bo his or her co-guarilian of real inaniry, it must be in the knowledge of the
them, the survivor should nominato and inipoint persons for purposes foreign and collateral to the in every respect complied with the Act of Parlia. ment regulating such matters they were entitled tu Clara Jane Parnell. Probate of the will was
House that the arrest of other per ons than the the injunction asked for. The defendant, on the granted to Louisa Parnell on 14th June 1869, power claimant is a matter of the gravest possible con. other hand, contended that in such a case as this an being reserved for the other executor to come in sideration. (Hear, hear.) It is undergoing careenterin injunction could not be awarded.
and prove. Lonia Parnell diec! 8th Sept. 1871, ful and anxious consideration. I trust the House evidence showed that the ga.es were locked to will duly espented, but which did not appoint any any more about is. With regard to the question having , leaving
will think that sufficient, and not desire me to say prevent persons coming impr)perly on the line. The object of the plaintiff's was to save some £:3000
executors. A part of the estate of Toos. Parnell of the hon. gentleman upon the subject of buil, I or £4000 a year, which they now paid to the defer under age. On 16th Nov. 1871, Wm. King Tossett subject. (Hear, hear.)
was unedministered,and Clara Jane Parnell wasetill have no public or private information on that dants for tolls. As that saving would be at the expense of the defendants, they desired that the case executed a deed by which, in accordance with
Friday, March 8. should be dealt with upon the strictly legal right: the terms of the will, he appointed, Wm. Tossett, of
WELSTI COUNTY COCRT JUDGES. of the parties. No irreparable injury had bern Kent, to be the guardian of the said Clara Jane Supply. Mr. OsBonNE MORGAN rose to move the
Gran ville Park, Blackheath, in the county of On the motion for going into Coramittee of proved, and as no ground had been shown for the court's interference, the motion ought to b.
Tossett, and on the 30th Dec. 1871, he renounced following resolution :-" That, in i he opinion of refused.
his right to probate, and executed a consent that this House, it is desirable that the judge of & Greene, Q.C. and A. G. Marten for the m tion.
a grant of administration with the will annexed County Court district in which the Welsh language Lindley, Q.C. and Cracknall for the def :ndants.
should be made to Wm. Tossett as testamentary is generally spoken should be able to speak and The VICE-CHANCELLOR declined to mike any
guardian of the said Clara Jane Tossett, substi- understand the language.” He had no iesire to srder upon the motion. tuted on the death of Louisa Parnell.
claim for his own countrymen any special privilege Solicitors: Bircham, Dalrymple, Drake, and Wm. Tossett with the will annexed of the unad. Rule in the sense in which that phrase was used
Bayford now moved accordingly for a grant to whatever. Welshmen were not advocates of Home Burt; Field and Co.
ministered estate of Thoa, Parnell. He cited 12 on the other side of the Channel, or, indeed,
Car. 2, c. 24 ; Burn's Ecclesiastical Law, 146; in any senso whatever. They claimid for them. March 9 and 11.
Vaughan's Reports 181; Rees Williams' Reports selves no right whatever except that which bo had Be THE INTERNATIONAL CONTRACT COMPANY 703 (in the notes).
| always understood to be the birthright of every (HANKEY'S CASE).
The Court held that the language of the sta. subject of the kingilom, whether Englishman or Company-Winding-up-Petition to effect a com. promise-Petition dismissed-Costs.
tute of Car. 2 was sufficiently general, and made Weishman, Scotcliman or Irishman — to have
the grant. This was a petition presented by the Bank of
justice dealt out to them as far as circumstances Attorneys, Satchell and Chapple.
would permit. The county of Montgomery was
the most exclusively Welsh part of Wales. In that help thinking that the statute in question was dag | mitted. In the case in which two men were district at least four-fifths of the population habi. up from the rubbish of past centuries, seeing equally well qualified for the office of County tually spoke Welsh. They carried on the ordi- that it had remained for 100 years at least a dead Conrt judge, the preference ought, he thought, nary intercourse of life, concluded bargains, wrote | letter. Another objection made by the Lord to be given to the man who could speak the letters, and made their wills in that language. Chancellor amounted to this—that it was desir language of the people. He would, however, He remembered that when on circuit many years able to get rid of the Welsh language. Now, this lay down no rigid rule in the matter, but would ago a story was told abont Baron Parke, after was the first time he had ever heard of a Lord leave to the Government the responsibility of addressing a Welsh jury with his nsual facility Chancellor who, in dispensing judicial patronage, choosing the fittest person, On the North and for an hour in the snmming up, being suddenly did so, not on the ground of the judicial qualifi- | South Wales Circuits, at the Chancery Bar, and interrupted by one of the jury saying, “ Let that cations of the man appointed, but because his on the Northern Circuit, he found there were only old gentleman cut his speech short; I have not appointment would be likely to encourage or dis. seven barristers who spoke Welsh. That was a understood a single word he has been saying." courage a particular language. A writer in the very small number, and it would, under those At Anglesea last year a butcher was tried for Pall.nall Gazette-a journal always entiiled to circumstances, be inexpedient to fix the area of stealing sheep, and he was acquitted because the respect-remarked with great truth that the com. selection within so narrow a limit. There was jury did not understand English, the language in plete extirpation of the Welsh language in 1900, undoubtedly a very strong feeling in Wales that which the speeches of counsel and the evidence desirable as such a result might be, was not a good the two gentlemen who had been referred to ought were delivered. As to resorting to the services of which he had a right to purchase at the expense not to have been appointed. There was an impresinterpreters in snch cases, the trath was that the of a failure of justice in 1872. (Hear, hear.) This sion in the principality that it was sought to do meaning of a word might not be accurately ren experiment of trying to extirpate a language had away with its ancient language, and he hoped, dered by the interpreter, and thus the judge or been tried twice by the substitution of the considering the facts of the case, the Government the counsel might be pnt ou a wrong scent. For Russian for the Polish language in the Polish would be able to agree to the resolution with such instance, in one case a witness was represented to courts, and by the substitution of German for modification as the insertion after “should,” of have said that a man was seen with a “ school Hungarian in Hungary. In both cases the attempt the words “as far as the limits of selection will upon his back, the Welsh word for school being was received with a cry of execration thronghout allow.” That was the amendment which he had the same as that for ladder. In another case, Europe, and in both cases it utterly failed. You placed on the Notice Paper, but he regretted he was according to the interpreter's rendering of the could not thus drive out a language, which was prevented by the rules of the House froin moving it. evidence, the prisoner was stated to have stolen a only the reflection of thought; you could not - Mr. SCOURFIELD understood that the hon. and
compass ;” but the witness, who knew more of force the full-grown ideas of one people into the learned member for Denbighshire was willing to English than the interpreter did of Welsh, cried language of another. It was the old story accept the principle of the amendment of the hon. out, “No, no; she took a turnip, not a compass.” Naturam expellas furcâ, tamen usque recurret." member for Montgomery, and in that case the Now it should be remembered that the County Mr. Homersham Cox, returning from his first cir- resolution, which at first wore a rather warlike Conrts were rough and rearly-in fact, "people's cuit, flushed with judicial triumphs, wrote to all appearance, resolved itself into the most harmless courts," as they were called, in which attorneys or the London newspapers saying that he had per- truism, that it was desirable that County Court advocates were but rarely employed. He had sat formed the business of the circuit to everybody's judges in Wales shonld understand tho Welsh once in a County Court, and out of no fewer than satisfaction as well as his own. Unfortunately, language. The question was an administrative forty cases, only in one was an advocate employed, there appeared next day in the Daily News a com- one, and he did not see what advantage would and that only on one side. In most cases the muication which rather took the shine out of this result from passing an abstract resolution on the judge was obliged to act as judge, jury, and letter, alluding to a case tried before Mr. Cox, in subject. No one would say that it was not desircounsel for both parties ; he had to sift and probe which much time had been lost in translating from able that County Court judges in Wales, otherwise the case and check the wanderings of the wit. Welsh into Engli-h, and afer two hours had been properly qualified, should speak the Welsh lan
If his right hon. friend the Home Secre- spent the judge said that the case must be tried gunge, but he should be furry to affirm a resolution tary were to appoint as magistrate at Bow.street by a jury. "It was said that an influential memo which might limit the area of selection.—Mr. a gentleman who understood nothing but Chinese rial had been signed in favonr of the appointment. RICHARD trusted that the Government would the case would be parallel, for to these poor people Now, solicitors were not quite disinterested wit. accept the resolution of the hon. and learned memEnglish was Chinese. Formerly for the Welsh. nesces on this subject, because the judge's igno. ber for Denbighshire, together with the principle speaking districts a knowledge of Welsh was norance of the language drove a considerable of the amendment, which the forms of the House required in County Court judges. Lord Lynd. amount of business into their hands. But the prevented from being moved. There were two hurst made it a sine qui non. He laid stress on Welsh solicitors were men of high honour, and fallacies prevalent in England with respect to this fact, because ho was charged with wanting though much pressure was brought to bear upon Wales, which exercised an injurious effect on the the Lord Chancellor to establish a new precedent. the ninety solicitors on this circuit, only nine of relations between the two countries. For instance But all ho asked was that the Lord Chancellor them had signed the memorial. There could it was asserted or implied that it was necessary to should follow the example set by one of his harily be a stronger proof of the feeli ig in the discourage, and, if possible, to extinguish the predecessors. There was no man at the Bar more district. Ho had received many letters on the Welsh language, in order to establish a closer competent to discharge the duties of a County subject, but would only refer to two. One was political union between the two countries, lest the Court judge than Mr. Tindal Atkinson, but he from a gentleman who for fourteen years had banner of Welsh independence might be raised, did not speak Welsh. Whether from that cause acted as County Court judge upon a Welsh cir- and endeavonrs made to procure a separation of or not he did not know, but Mr. Atkinson wished cuit, and who said he was fully persuaded the Principality from England. A more preposto be removed, and Mr. Hoonersham Cox was that a knowledge by the judge of the language | terous and unfounded fallacy never troubled the appointed in his place. He did not wish to speak in which the great majority of the people thonght brain of any human being. There was no body of with any disrespect of Mr. Homersham Cox. und spoke was of vast importance to the suitors; persons to be found more loyal to the Crown, and That gentleman had written works on the dif- and the other letter was from a most experienced more faithful to the existing Constitution than ferential calculus and on the British Constitution, registrar in Wales, who also considered it essential Welshmen. (Hear.) Another fallacy in England and besides, was a very powerful political writer for that the judge should possess a knowledge of the was that there existed among Welshmen an inthe press, whose services he belioved--and he did Welsh language, because, otherwise, however tense antipathy to the English language, and that not use the word in vidiously--were placed at the good the interpreter, the judge did not arrive at they erected artificial barriers to prevent that lan. (lisposal of the Government. But Mr. Homersham å full knowledge of the truth, and it was abso. guage from spreading in Wales. That was not Cox was certainly not a man of large practice. iutely impossible that justice should be properly only not true, but it was the converse of the He (Mr. O. Morgun) had the honour of practising administered. The question was essentially a truth, for there was an enger and universal desiro in the same courts with Mr. Homersham Cox for suitor's and not a solicitor's question. He would among Welshmen to acquire the English language ; ten or twelve years, and he had never seen him add that there did not exist on the face of the but it was equally true that, while anxious to hold a brief. 'If the Lord Chancellor had said earth a more peaceable or loyal people than the learn the English language, Welshmen were at he could not get a good man who could speak inhabitants of South Wales. He would appeal to the same time strongly attached to their native Welsh this motion would never have been brought the right hon. gentleman the Secretary for the tongue.-
Mr. HOLLAND observed that it was forward, but no such reason was given. He him. Home Department, who was himself halta Welsh felt to be a very great grievance by suitors in the self certainly knew at least half a dozen gentlemen man-he wished he was a whole one (a laugh) Welsh County Courts that in consequence of the at the Bar who could speak Welsh fluently, some to corroborate that statement. The Welsh did judge's ignorance of the Welsh language they of whom would be admirable County Court judges, not shoot their landlords, or even pull down park were compelled to employ either an advocate to and, taken by the test of practice, far superior to palings. (A laugh.) If they did so they would, state their case, which entailed considerable exMr. Homersham Cox. The reasons given by the perhaps, receive from the Government a little pense, or else to employ an interpreter, which Lord Chancellor for the appointment were three. more attention. But be that as it might, all he from the nature of the language often led to very fold. The first was, that in the case of snits asked for them was ex debito justitime, and he confi- great mistakes. The losing party generally attri, between an Englishman and a Welshman, a judge dently appealed to that House, which never turned buted the loss of their case to the fact that it had selected for his Welsh acquirements would be. a deaf ear to the claims of justice. The hon. and not been properly explained to the judge. He
an, object of distrust to the Englishman. learned gentleman concluded by moving “That, in understood that Mr. Homersham Cox was å man Now, if the Lord Chancellor were asked to appoint the opinion of this House, it is desirable, in the of very respectable attainments ; his talents, he
man who could not understand a word of Eng. interests of the due administration of justice, that believed, were fully recognised where he was inti. lish there might be some ground for tho imputa- the judge of a County Court district in which the mately known, and he hoped the Home Office tion; but surels a Welshman had as good a right Welsh language is generally spoken should be would before long take an opportunity of removing to distrust a julge who could not speak a word of able to speak and understand that language.”- him from the position which he now held to some Welsh. Besides, Mr. Johns and Mr. Richards, Mr. Party seconded the resolution, maintaining place where he would be more appreciated. (Hear.) who were chosen for their Welsh acquirements, that the grievanco of which his hon. and learned -Mr. M'ARTHUR said the result of the appointwere never distrusted by anyone. Then the Lord friend complained was a real and by no means a ment of Mr. Cox was that a considerable portion Chancellor took his stand on an old statute passed sentimental grievance.- -Mr. HaveURY.TRACY of the principallity had been practically deprived more than 300 years ago, which provided that cordially concarred with those who argued in of the benefits conferred by tlie establishment of all justices, sheritis. coroners, and so forth fayour of the desirability of having eflicient Connty Courts. He hoped the Government would sheuld proclaim and keep the session in the County Court judges. He was, at the same time, yield to the suggestion of his hon. and learned English tongue, and which forbade the use of strongly of opinion that it would be unwise to friend. He considered that, having submitted the Welsh. But if, under that statute, men who make the area of selection too small. It would be case to the Lord Chancellor, his hon. and learned spoke Welsh were not eligible, then Mr. Johns admitted by everyone that it was of great import: friend could not avoid bringing it before the House and Mr. Richards should not have been made ance that a judge should understand the langunge -- Mr. WATKIN WILLIAMS agreed in every word County Court judges. But if all that was meant of the district in which he administered justice, that had fallen from his hon. and learned friend who was that the proceedings should be carried on in but it should not be forgotten that there was brought forward this subject. Sufficient importance English, then tho judge who knew both languages always considerable difficulty in finding com. was not attributed to the fact that a County Court could carry out the law quite as well as one who petent persons to fill these judicial offices. If, judge had chiefly to deal with small cases, and if knew only English ; besides that he would have therefore, an abstract resolution like the present the judge were not acquainted with the language the inestimable advantage of being able to check were passed without affirming the principle that of the people it was utterly impossible that justice the evidence just as Chief Justice Bovill the other judicial ability, general attainments, and legal ex. could be done. It was very easy to sneer at proday corrected an interpreter who was making a perience were of paramount importance, a great vincial
sensibilities; but nothing short of a feeling wrong use of a French word. But he could not mistake would, in his opinion, have been com.' of indignation could be engendered by the disre.
gard of such complaints as this. Had it been time past-of looking rather to the legal attain. from Mr. Pell it was announced from the chair believed or even assorted that the Lord Chancellor ments of the person appointed than to his know that the time had arrived for the adjournment of in appointing this particular judge had made an ledge of the Welsh language. It was only thirty. the discussion.- - The Game and Trespass Bill, effort to secure a man possessing these qualifica- five years ago that any Act was passed requiring and the Game Law (Scotland) Bill were posttions this motion would never have been brought that all clergymen appointed to a Welsh living poned.--The report of the committee of supply forward; but Mr. Homersham Cox had never been should speak Welsh, and he should think that, was brought up and agreed to.--Mr. H. JAMES heard of until he was made a County Court judge a proper regard being had to legal attainments, a obtained leave to bring in a Bill for the better in Wales, and, therefore, it could not be supposed similar provision with regard to Welsh County prevention of corrupt practices at municipal that he had had such legal experience as qualified Court Judges would not be out of place. In elections. him to fill that post. Possibly it might be true appointing a gentleman who, though not acquain.
ALBERT AND EUROPEAN LIFE ASSURANCE COM. that the present Lord Chancellor was not to ted with Welsh, would do honour to any appointblame in the matter, but it was a great shame ment, the Lord Chancellor acted as most of his
PANIES (INQUIRY) BILL. that an appointment to an important office like predecessors would have done. He was not indiffe. Cave, the hon. member for New Shoreham, moved
Mr. BARNETT, in tho absence of Mr. Stephen that of a County Court judge, who had to act rent to the wishes of the Welsh people, for no memas both judge and jury, should be made on any ber of the Government took a heartier interest than the second reading of this Bill, and stated that other considerations than the fitness of the person his noble friend in the effort made by his right that hon. member would take the opportunity of appointed to hold the office. (Hear, hear.) He hon. friend at the head of the Government to making a full explanation of the measure on going should accept this motion as meaning that the appoint a Welsh Bisbop. (Hear, hear.) The Lord into Committee. —Sir H. Selwin-IBBETSON said House did not altogether look with approbation Chancellor had authurised him to say that he that there was an objection to some of the clauses, upon a disregard of the qualifications to which he admitted the force of much which had been urged. but, under the circumstances, he should postpone had referred in the case of such an appointment. Legal fitness would, of course, be always the first his remarks until the discussion of the Bill on It was quite painful to him as a Welshman to be consideration ; but after the representations going into, Committee.—Mr. SHERIDAN also told that all this fuss was made because the which had been made by hon, members connected postponed his observations, expressing his sorrow appointmenthad not been given to a Welshman; with Wales, the Government, as also he was sure
for the cause of the absence of the right hon. : all that the Welsh asked was that they should be all future Governments, would make the know. gentleman. -Mr. Hermon thought the right placed on a footing of equality with the rest of ledge of Welsh a consideration. He believed that hon. gentleman had done a good service in the United Kingdom. It was as absurd to appoint at no time since the conquest of Walos by Edward bringing in a Bill to make an investigation into a County Court judge in Wales who could not | I. had there been more Welsh-speaking people
a society which had brought ruin to thousands speak Welsh as it would be to appoint one in Corn. than at present. It was hardly 100 years since of families. He suggested that some of the gentlowall who was ignorant of mining matters. In con. the Cornish tongue had died out, and in the time
men who were receiving pensions from the Govern. clusion, he begged to express his entire and enthusi. of William Rufus the population of Exeter was
ment should be appointed to the office of commis. astic concurrence in the observations that had been so equally balanced that service in the cathedral sioners under this Bill, and should be obliged to made by the hon. member for Denbighshire.- was directed to be performed alternately in Welsh accept the appointment or abandon their pensions. Mr. 0. STANLEY most cordially supported the and English. He agreed with his hon. friend
Mr. C. FORTESCUE said that if the commission motion of the hon. member for Denbighshire. It (Mr. Richard) that the Welsh could only be won proposed by the Bill were to be appointed at the was of course of importance that the person who over by kindness, attention to their wishes, and public expense, it would require a very strong case. was appointed to the office of a County Court ample provision for education. It was a mistake He believed the matter to which it referred to be Judge in Wales should speak Welsh ; but the to suppose that the life of the Welsh language of a very exceptional character. and could not help appointment of a man who possessed legal attain would be prolonged by insisting on County Court looking personally with some favour on the Bill. ments would in any case give satisfaction. judges understanding it. The only effect of it It was perfectly obvious that it was their duty to Mr. BRUCE said that, although the motion which would be to implant in the minds of the people a
defer their decision till they had heard the right had been so ably brought forward by the hon. and feeling that they were treated with a degree of hon. gentleman's statement. -Sir S. NORTHCOTE learned member might be construed to be a very justice and consideration which he was bound to thanked the House for the consideration extended mild censure upon the present or the preceding say they had not hitherto received. The Govern. to his right hon. friend, and quite approved of the Government with respect to the practice pursued ment were willing to accept the motion with the course suggested on all sides. The Bill was then in the appointinent of County Court Judges, still amendment of the hon. member for Montgomery. read a second time, on the understanding that the he could not ragret that it had been made, because (Hear, hear.) He believed there would be some
discussion of its merits should come on on the it was but seldom that the House was troubled difficulty in accepting it at the present moment, motion for going into committee. with questions relating to Wales. During his and he would suggest that it should be re-introtwenty years' experience in that House this was duced later in the evening in its amended shape, only the third occasion on which there had been a in which the Government would heartily accept it.
ELECTION LAW. debate on exclusively Welsh affairs, and this was The resolution was then withdrawn. the first time when the necessary, but, perhaps,
NOTES OF NEW DECISIONS. extraordinary anomaly connected with the admin.
Tuesday, March 12. istration of justice in Wales, had been brought
COUNTY-NOTICE OF OBJECTION - DESCRIPunder their notice. It was quite true, as had
TION OF OBJECTION-DIVIDED PARISH.-Sect. been observed by the hon. member for Pembroke,
Mr. NEWDEGATE asked the Lord Advocate whe- 22 of 31 & 32 Vict. c. 58, which provides that in that the speech of the hon. member for Denbigh-ther it was the intention of her Majesty's Govern. the case of a parish' forming part of more shire covered more ground than his motion strictly meut, now that the law of death bed had been than one polling district, the part of such parish warranted, because he had entered into a state- repealed, to introduce any measure for the limi- situate in such polling 'district shall be deemed ment of facts relating to trial by jury and to the tation or restraint of the alienation of property in to be a separate parish for the purposes of the Superior Courts. When it was remembered, how- Scotland, whether real or personal, in mortmain. revision of voters, and the lists and register of ever,
that the present system had been in force -The LORD ADVOCATE said he was unable then voters does not render it obligatory on an objecfor upwards of 350 years, it was wonderful to give the required information. The subject was tor having his qualification in such a parish to that complaints with reference to its opera- under consideration, and he hoped shortly to be show on the face of his notice to which particular tion and to the anomalies it involved had not able to answer the question.
polling district he belongs, but it is still sufficient, been more frequently made. The English system
notwithstanding this enactment, for him to de of law first applied to Wales in the
scribe himself as on the list of voters for the
Mr. STAPLETON gave notice that he would, on reign of Henry VIII., and the effect produced Tuesday, the 9th April, move for a select com.
parish in question: (Chorlton v. The Overseers of upon the minds of a people speaking Welsh exclusively by justice being adıninistered by English- declarations, with a view to correct their abuse. mittee to inquire into the subject of statutory Tonge, 26 L. T. Rep. N. S. 25. C. P.)
COUNTY FRANCHISE-FREEHOLD-SHARES IN speaking judges and barristers must have been
A · BRIDGE.-By an Act (12 Geo. 1, c. 36) commisextraordinary. In process of time the worst features of the case had undoubtedly been amelio.
Wednesday, March 13.
sioners were appointed for building a bridge
across the river T. from F. to P., after compen. riated, but even at the present moment anomalies
JUSTICES' CLERKS (SALARIES) BILL.
sating the proprietors of the then existing ferries, still existed which were startling. Thus, in many MR. MAGNIAC, in the abeence of Sir D. Salomons, and a pontage or toll was granted to and vested in parts of Wales it was impossible to call together moved the second reading of this Bill, the object the commissioners, to be by them applied as a jury who could understand all that was addressed of which was, he said, to carry still further the directed in the Act. By a subseqnent Act of to them by the judge. How justice had been ad. principle of the Act of 1861-yiz., that all judicial Geo. 2, for more effectually enabling the combuisministered under these circumstances it was im- officers should be paid by salaries instead of by sioners to complete such work, they were possible to say ; but perhaps generally there were fees. The Bill provided in future for the payment empowered to convey in perpetuity the tolls and one or two men on the jury who understood of the clerks of justices by salaries in lieu of fees. income of the said bridge or ferries to such perEnglish, and were enabled to explain what occurred He moved that the Bill be read a second time, sons as would undertake to erect and maintain to them, although doubtless in an imperfect way. with the understanding that it should be com- the bridge. The commissioners accordingly, in The hon. and learned gentleman had told a story mitted pro formâ, and have certain amendments 1728, contracted with thirty persons, who subof a trial in Anglesea in which a man got off added. -Sir. H. SELWIN-IBBETSON seconded the scribed the necessary funds and became the share. solely because the jury, did not understand a motion. He approved of the principle of the Bill, holders of the bridge, to build and maintain the word of the evidence, which had been given in which would go to remove from justices' clerks bridge, and compensate the proprietors of the said English. He had, however, been informed that the unjust suspicion of encouraging litigation ferries; and afterwards, the bridge having been the learned Judge who had presided at that trial with a view to their fees; whilst by a periodical built, the commissioners in 1729, by a deed which was a thorough master of the Welsh language, revision of the salaries the country would be recited the above Acts, and their powers therealthough it would have been impossible for him, secured from loss. Some amendments would be under, conveyed the said bridge and tolls and all under the present state of the law, to have trans necessary in Committee.--Sir M. H. BEACH op such grounds adjacent and belonging to the same lated the English evidence into Welsh, although posed the change. If change were to be made at as they had power to convey, by virtue of the said Welsh might be translated into English. The all
, it should be made by the Government, and not Acts, to certain trustees in fee, in trust to permit case of a County Court Judge was undoubtedly by a private member. It would be his duty to the said thirty shareholders to receive the said very different from that of a Judge of assizes or move that the Bill be read a second time that day tolls and income and have the sole management quarter sessions. In the latter case the Judge six months. - Mr. SCLATER-Booth thought that thereof. The management of the property was could avail himself of the facilities which were the House ought to be favoured with an opinion vested in a committee of management, apoffered to him by means of interpreters of ascer- from the Treasury bench before going to a division. pointed annually by the shareholders. The taining the meaning of the Welsh witnesses, whom Lord Mahon supported the second reading. In Thames Navigation Act 1870 (33 & 34 Vict. c. 149). the Welsh-speaking jury could understand ; but his opinion justice often miscarried under the 8. 10, sub-sect. 6, subsequently vested the in the former case the Judge was placed in a present system. -Mr. Hunt also supported the bridge and the lands thereunto belonging, position of considerable difficulty, as he had to Bill. He thought that the legal advice of the and the tolls, &c., in the committee of act upon the ill-translated statements of witnesses magistrate should have no inducement to encou. management and their successors for the time of whose langnage he was totally ignorant. The rage litigation. — Mr. WINTERBOTHAM said that being, subject to the trusts on which the same Government, in making the appointment in the Government heartily approved of the principle of were held at the time of the passing of the present case, had undoubtedly acted upon the the Bill, both as to the payment of salaries and Act. W. and certain other persons, who all degeneral practice that liad been followed for a long the recovery of fees.--After a few observations duced their title from the thirty persons above
THE LAW OF MORTMAIN.
mentioned, and were respectively tho holders of a | inte est only, and assigned to his brother all his registrar, in order that the parties might be crossshare or part of a share, dnly claimed to be regis. per onal estate absolutely. He was acquitteil of examined upon their affidavits, the registrar retered as voters in respect of the said share or The charge on the ground of insanity. Hell, that porting the result to the court. part of a share, for the county of M. and the he settli monts were inoperative on the grounds of Serjt. Parry, on behalf of the respondent, now county of S., these being the counties in which the lunacy of the settlor, because they were moved to make absolute the rule that had been F. and P. were respectively situate. In each caso executed under a misapprehension, and because obtained, for Mr. Vynor, the petitioner's solicitor, the share or part of a share so held was of the the vent which they were framed to meet lind not to pay the respondent's costs and to dismiss her clear annual value of 40s. It having been de happened : (Manning v. Gill, 20 L. T. Rep. N. S. 14. petition. cided in Tepper v. Nicholis (11 L. T. Rep. N. S. V.C.B.)
Di. Spinks (with whom was Searle) submitted 509, and 31 L. J. 61, C. P.), before the passive of DESIGNS Acts (5 & 6 Vict. c. 100, 21 & 22 VICT. that inasmuch as Mr. Vyner had been grossly the above-mentioneit Thames Navigation Act
c. 70, S. 5)—“ PATTERN REGISTRATION imposed upon, he was not liable to such a pro. 1870, that the commissioners hail n power to NOVELTY INFRINGEMENT - MOTION FOR IN. ceeding as the present, he having acted with convey the land belonging to the bridge which had JUNCTION.—Where the plaintiff, who had regis. perfoct good faith. become vested in them by virtue of the said Acts; | tered a pattern" by sample without specifica- His LORDSHIP dismissed the petition, and and that the said shareholders having knowledge tion under the Designs Acts, moved to restrain following the rule of the Common Law Courts, of the commissioners' title under the said Acts, the defendant from nsing a pattern, similar in ordered Mr. Vyner to pay the respondent's costs. acquired nothing more under the said deed than principle, though differing in style, to his own, the commissioners could lawfully convey, viz., The court refused to grant an injunction, and the tolls and income; and consequently that none ordered the motion to stand over till the hearing CREDITORS LYDER ESTATES IN CHANCERY. of the shareholders had, as such, any freehold of the cause : (Thom v. Syddall, 26 L. T. Rep.
LAST DAY OF PROox, estate, which would qualify him for a county vote: N. S. 15. V.C. W.)
ARNITSTEAD (Robert , Killington, Westmoreland, yeoman, Held, that the above-mentioned section of the SCOTCH SEQUESTRATION - DISCHARGE - An. April 111; Win. Robinson, solicitor, Sedbergh, York. April Thames Navigation Act 1870, did not alter the NUITY – FORFEITURE. Subject to the life
; V.C. M, at twelve o'cock. nature of the interest which the shareholders hul interest therein of P., property was
CARR Mary, Carr-louge, Lorbury, York. March 19 ; Carr deviser
and Carlinill, solicitors, Gumershall, near Leeus. March in the bridge so as to qualify them for a county to trustees upon trust thereout
23 ; V.C. W., at twelve o'c:ock. Tote. Tepper v. Nicholls considered and ex. annuity of 1001. to A. (husband of the testa.
COLTHORPE Sarah A., Occold, Suffolk. March 31; Roy and
Cartwright, solicitors, I, Lothbury, E.C. April 11; V.C. B., plained: (Wailmore v. The Overseers of Putney, 26 trix) during his life, with a direction that if 001 o'clock. L. T. Rep. N. S. 28. C. P.) A. should become bankrupt, or should assign, CROTON (John', Gateshead, Durham, timber merchant.
March 26; Jos. W. Swinburne, Sulicitor, Gateshead. charge, iucumber, or suffer any act whereby the
April!; V.C.M., at two o'clock. saino wonld, if belonging absolutely to him, be. GARNER (Frederick W. R., Bridge-street, Cambridge, If anyone still expects that the ballot will extir. come vosted in any other person or persons, then
tobacconist and lodginy-house keeper. March ; Samuel pate bribery at elections he would do well to read and in such case the said annuity should not be
Peeth, solicitor, Cambridze. April 9; V.C. d., at twelve
o'clock. and digest the following extract from the corre. payable, or should coase to be payable, as the case HATFIELD Weston J.), Cambridge, newsparer proprietor; spondence of the New York World, from Albany, might require, in the same manner as if A. was
April 19); John Emeu, svlicitor, Cambridge. A prii isi
MR., at eleven o'clock. the state capital : “It is admitted on all sides ded; with a further directiou that it should be HEATH Thos., Fairreld, near Lirerpool, gentleman. April that one of the greatest evils of the present tiine lawful for her trustees in thrir discretion and Si Win. Barrell, solicitor, 11, Lourites reel, Liverpool. May is the use of money in the purchase of votes at without assigning any reason for so doing, at any
2: V.C. J., at iwlve o'clvok. elections. The boldness with which this is done time to refuse or discontinue payment of the an.
HOLMEN Clarzy G. V., Emunthan-villas, Lothing-road,
Canberwell. Surrer, chwilinaster. April 10 ; James in several parts of the state on the day of election nuity to A. during the whole or any portion of his Mote, solicitor, 1, Walbrook, E.C. April 21; J. R., at has become a proverb. It has grown to be a great life. Tro years before the date of the will, A.
MATTIEWS Ja«!. 37, Great St. He'ens, E.C., and !, Cham. evil, and the very foundation, the fountain, of tre was, with the knowledge of the testatrix, adjudged pion-place, Uper Capt n, Muddlesex, merchant. April corruption in office both legislative and executivo. bankrupt under a sequestration accorling to Scotch
S; B. J. Lake, solicitor, 10, View square, Lincoln's-innIf a man finds that he has to purchase his election lawy. P.survived the testatrix, and died in April
April 12; V.C.M., at tweve o luck.
QUICK Jas. S.), St. Ives. Curuwild, master muriner. April by the buying of votes, he naturally considers 1868. On the 29th Aug. 1868, A. obtained his dis. S; R. H. Bumfell, solicitor, St. Ives, Cornwall. April 2; that the office is his by purchase, and he cannot charge under the sequestration, and on the 10th
M. R., at twelve o'clock.
ROWLEY (Wm.), Clemneut-street, Birmingham, p-arl button be blamed for using that position to reimburso Feb. 1809, the trustee under the sequestration was inauufacturer. Aliril ; K. M. Herud, so.icitor, zi, Waterbimself and secure a protit on his original invest. dischargril from his office of trustee. Held (re- 100 ytre t, Birminiham. April: M.R., at eleven o'clock. ment in the purchase of votes at the polls. This versing the decision of James, V.C.) that, notwith
SWEET Alfred, Mount villa. Coukhaun Deu, Berks., geutle
anan. . April 0; T. Budeley, jur., or, t, Teman. evil has increased at an alarmin: rate during the standing the words of futurity in the will, and the st.eet, Goodman's-tielus, Judit sex. April 15; V.C.M., last ten years in the rural districts of the state, discretion given to the trustees, the existing bank. at twelve o'clock.
TAYLOR iChus. L.), Esq. Beaulieu Gorey, near St. until men who have otherwise good repute and ruptey operated as a forfeiture of the annuity : Hier'>, Jersey. April ; R. A. Parker, solicitor, 11, consider themselves models of purity, and stand (Trappes v. Mereilith, 26 L. T. Rep. N. S.5. Ch.) Bedford row, W.C. Mny: V.C, M., at twelve o'clock. high in churches, stand at the polls all day with a PRACTICE-ATTORNEY-SUSPENSION IN
Tour Thos), Dorset Arm-, Clapham-road, and !, swockwell.
villa, Stockwell. Surrey, liceul victualer. Marca: roll of bills in one hand and ballots in tho other, COURT-COURSE TO BE PURSUED IN ANOTHER- F. Sneil, slicitor, 1, George-sucet, Mansion-house, E.O. offering a price to every person who will vote the 23 & 24 VICT. c. 127, s. 25.-- Where an attorney March 27; V.C.M., ati o'clock. ticket which they present. This is not done in has been suspended in another court for a limiteů TURNER (Rich ru florsum, Sussex, malt ster. April 19; the city of New York. In that respect the elec- ! period in consequence of professional malpractices,
Jolinson and Haver. Solicitor, Chicheswr. April 15;
V.C.M., at twelve o'clock. tions there are purer than in any other part of the this court, before taking any action in tho matter, WILLIAMS
R.: 11, George-street, Portmanstate. But the evil does exist at the state capital, will require to be furnished with affidavits stating
mere, Middlesex, senileman. April b; Linzley and
Gibbon, solicitors, Great James.street, Beliori-row, and in almost every other county. As long as it the nature of the malpractices in question, and it W.C. Aprilly: V.C.M., as tweive o'clock. is openly and unblushingly practised the bribery they are such that the court thinks the attorney and corruption in legislative bodies cannot be ought to be struck off the rolls altogether, tho CREDITORS UNDER 22 & 23 VICT. c. 35. effectually stopped. The Governor in his last two court will not strike him off, but suspend him for
Last Duy of Claim, and to whom Particulars to be sent, annual messages has pointedly called the atten. tion of the Legislature to this matter, and urged in the other court, and order that he be further Banten Elizabeta : Rockyiile, Albert-road, South Nor
April ; , the amendment of the State Constitution prohibit suspended from practising in this court until a Southampton-street, Strani, M.C. ing the use of money at the polls, and disfran. further order shall be made : (Re Brution, 26
BATTESSBY Jane S. , , Queen's.crescent, Haverstock-hill,
Midillesex. April 10); Davies and Co., solicitors, li, War: chising those who either purchase votes or those L. T. Rep. N. S. 33. C. P.)
wick-street, Kerent-trout, W. who sell their votes."
CLOWES Thus.), Esq., Maitland-park-villas, Haverstock. bill, Middlesex. May 1; J. and J. K. Kuigac, sulicilers,
2, Bedford row, W.C. COURT OF DIVORCE.
Dest (Win. F.), Newcastle-street, Strand, anıt , Chepstow.
place, Westbonne-vrore, Middlesex, lead merchant. SOLICITORS' JOURNAL.
Tuesday, Jan. 30.
April:; J. Aldridge, solicitor, -7, Alontague-place, W.U. (Boforo Lord PENZANCE, J.O.)
DEXTER (John P.), Panton street, S:. Marius-tu-the-fields,
Midtlenex, ind, Ewer Gore, Kensington, Middiesex.
Silver 1. SILVER. NOTES OF NEW DECISIONS.
April 20: Pikt aud Son, souciturs, , Old Burlington. SPECIFIC PERFORMAFCE-SETTLEMENT-CON.
Divorce practice- Important to solicitors.
DOWSING (R", Henry E.), the Rectory, Wells-next-the-Sea, STRUCTION
Norfolk, clork. April 1.; R. Petch, soucitors, 8, John-
Atreet, Bedford-row, W.C.
EDWARDS Benjamin, 1, Elizabeth-cottages, Shooter's-hill,
Kent, gentleman. Mare : Jenkinson and Co., solici. limited to the use of A. and B. successively, dur- en-Layo, near Paris, for a dissolution of her
tors, I, Corbet.court. Gracechurch street. E.C. ring their respective lives, with remainder in case marriage with the respondent, Ebenezer David
EDWIX Aurustus, Esq.,:|, Bellevlie-vilias, Seven Sisters'. C. should, at the death of B. be discovert, to the Silver, of No. 10, Gray's Inn-square, conveyancer.
road. Holloway, Middlesex. May 1; S. D. Garrett, use of C. in fee, but in case should then be a
A petition for alimony was also filed; but pre- solicitors, 0), Doughty-street, W.C. married woman (which happened) to the use of D., viously to the hearing thereof the respondent HAMMERTON (John K., Hart-street, Henley-on-Thames,
Oxforii, gentleman. April 1.; Biili aud Co., solicitors, his heirs, and assigns, upon trust to receive the caused inquiries to be made, which resulted in the
Buw Churchyari, Cheapside, E.C. rents and profits, and to pay the same to c. for important discovery that the petitioner had given HarDING Cathering A. M, Mitcheldean, Gloucester.
April 10 : Valpy and Coaplın, sosicitors, 19, Lincoln's-innher life for her separate use, and after the deterno authority whatever for the suit to be insti.
tieds, W.C. mination of that estate, to stand seised of the tnted, and was in nowisu cozuisant of the prosent HINDLEX Chas', Esq., East Acton, Middlesex. March 2;;
W. II. Oliver, soliciior, 61, Lincoln-inn-fields, W.C. premises to such uses and upon such trusts as C. proceedings.
HOLROYD George C., Esq., Exeter. Aprill; C. J. Follett, should by will appoint, and in default of such
Serjt. Porry (with whom was Bauforii) obtainer
[IOWARD Wmu. Xorthernhay, St. Davids, Exeter, high appointment to the use of the heirs and assigns of a rule (which was argued on the 18th July last) C. for ever. Held, that the estate of Di, the her petition for alimony should not be dismissed, JEKI Clura , 43, York.terrace, Rezent park. A
Constable. Muy 1; 11. W. Fooper, solicitor, Is, Bedford. calling upon the petitioner to show cause why
, Exeter. trustee, was confined to the life of C., and con
April 20; E. F. solicitor, , -inn fields, sequently that the limitation to the heirs and and Mr. Vyner, her solicitor, be orderel to pay to
WC. assigns of C. was legal, and did not coalesce with the respondent the costs that he had incurred in
NEW BALD (Wm., 21, Sister-street, Kingston-upon-Hull, her equitable life estate, and a bill by C. to enforce relation thertto. In support of the application a
Wharfinger. April 1; J. H. Ilill, solicitur, 7, Parliament.
street, Holl. specitic performance of an agreement to purchase great many a:livaditz were read, but thu most im
PERHY (John), Devon-lodge, Anerly-road, Upper Norwood, the fee of the property, dismissed with costs: portant :vas one by Mr. Frederick Kent, a solicitor,
Surrey. gentleman. May 9; J. E. Foa, solici. or, 67, Chan. (Cooper v. Kynock, 2.) L. T. Rep. N. S. 10. M. R.) | Council of the city of Lorilou, who deposed that of 39, Cannon street, and a member of the Common
PRESTOS (Wm.), Eng., Liverpool, and Ellel Grange, Lan. PRACTICE-PARTITION Act 1868 (31 & 32 Vict. at Dr. Silver's request he had seen the petitioner
caster. April 26; Harvey and Alsop, solicitors, 139, CastleC. 40), S. 4-BILL FOR PARTITION-PRAYER FOR
street, Liver} = 0. "PARTITION OR SALE."- A bill filed under the
at St. Germain-en-Laye; and she had in his PRICE (John W... A, Grosvenor-place, Margnte, Kent,
kentlemin. sence siyneu a document wherein she distinctly Partition Act 1863 should pray for a partition ; or,
May 1; G. W. Hussey, solicitor, 20), Great
kuisherider-street, E.C. in the alternative, for a sale : (Holland v. Hollannistated that she had made no affidavit or signed Scott (James), Esq., Bishop's Down-grore, Tunbridge
In this document she any petition to this court.
Wells, Kenc. 26 L. T. Rep. N. S. 17. Q. B.)
April 6; Scott and Co., solicitors, 11, also admitted to Mr. Kent that she had threo
Lincolu's-ion fielus, W.C.
Suns :Wm., 1:29 Jermyn-street, St. James's, Middlesex, CRIMINAL LUNATIC-SETTLEMENT TO AVOID children (since her marriage with the respondent) dairyman. April 20; H. P. Cubb, solicitor, 53, Lincoln's. FORFEITURE INOPERATIVE.-A person under a by a person of the name of Oller, a painter. After inn-tields, W.C. charge of felony previous to his trial conveyed all reading the affivadits filed in reply, his Lordship TE John W. Chesham-street, Belgrave-square.
and I, Exsex court, , -athis real estate to his brother, reserving a life in July last referred the whole matter to the 4, Draminond and Co., Folicitors, Croydon, Surrey.
STONE (Silas), Gillingham, Dor-et, basket maker. March charge of every duty with which he was asso. to have the same confidence of the bench, and of
30; Bell and Freame, solic tors, Gilinum. WATSON (Edwin), Muntz-street, Birminghun, solicitor. May
ciated could not be found. It was therefore a the professional gentlemen who attended that 1; James and Derton, solicitor, 36, Bennett's-hill, Birming. source of regret to the magistrates that he had court, that they had in Mr. Laycock for a long
had to retire after such a long service. With series of years. (Applause.) Woons (Thos. C.', Carleton, Lancaster, labourer. Mas ;
F. Whitaker, Duchy of Lancaster OH.CO', Lauenster-place respect to the new appointment, he had no doubt Mr. J. I. Freeman said it devolved upon him, Sirand, W.C.
that Mr. Mills had already won golden opinions on the part of the gentlemen around, to express, Young (Wm.), the Albion Tavern, 7. Vernon-place. Blooma: in connection with the Chamber of Commerce, in the first place, their sincere regret at the bury, W.C., licensed victueller. May 1: G. Dillon Webb, solicitor, 61, Carey-street, Lincoln's-inn, W.C.
whero there was no emolument, or, at any rato, resignation of the office which had hitherto been if there were, it was more on the left shoulder than filled by their friend Mr. Laycock, and still more
the right. It was only due that those claims should and greater regret, if possible, on account of the REPORTS OF SALES.
be taken into account. It did not require great cause of that resignation; and at the same time Tuesday, Jurch 12.
force to be a magistrates' clerk. A gentleman, their deep sympathy with him in the affliction with By Messrs. DEBEXHAM, TEWNOx, and FARMER, at the Mart.
learned in the law, had told him that it did nt which Providence had chosen to visit him. For Eatoni-square. Xo. 7A, with stablıas, term 19 years-sykl
not require a man to be great in declamation ; but himself he might say that he had sat by his side No. 16, Lower Belgrave-street, with stabling, term 49 years, it was necessary he should be learned in the law. sold for 240.
for many years; he had watched him for a long Fulhan-roal. " No. 23, Stanford-villas, term 25 years-sola Then, again, Mr. Laycock had held the appoint-time; he had seen that courtesy and honour, and
ment forty-three years, there ore he must have that gentlemanly dignity of conduct with which Haverstock-hill. Nos. 4 and 5, Haverstock-place, term 46 years-solt for C1207.
been a young man when he took the office. He he had discharged the duties of his office. All Stoke Newington. No. 12, Albion-road, frechold-sold for
(Mr. Ji nes) did not know Mr. Mills's age, but he this had been a source of great gratification.
was quite sure he was as old and experienced as Passing from the past to the present, it was a A freehold ground rent of £7, secured upon No. 6, Albion- Mr. Laycock was when he first took the office. He road--sold for 9.50.
source of great pleasure not only to himself, but Victoria-park. No. 1, Halliford-terrace, freehold--sold for believed, therefore, that Mr. Mills would fulfil his
to those gentlemen, that the choice for his suc. duties to the satisfaction of everybody, and he cessor had fallen upon their much-esteemed friend No.2, adjoining-sold for C110. Wood green, Brownlow-road, a plot of land, 33ft. by 220ft.
(Mr. Jones) hop d that their new clerk would Mr. Sykes. Those who had had intercourse with --sold for £160.
have as long a reign as Mr. Laycock, and that he him in matters of business, knew that he posIVedneaday, Jarch 13. would give as great satisfaction.
sessed sound judgment and strict integrity; and By Messrs. ChinXOCK, GALSWORTHY, and Chixxock, at the Mr. C. Mills said it was a great pleasure and a he was perfectly satisfied that they could not have Chiswick, No. 3, Grove-pork-road, freehold-sold for £1100.
duty to return his sincere thanks for the very a better adviser in cases of legal difficulty. By Mesars. Edwix Fox and BotsfieLD. Wallington. Catheart-road, vlot vi building land, coft. by trates had elected him to that post. Ho felt profession testified their respect to the late clerk,
kind and unanimous manner in which the magis. Mr. T. W. Clough said that the presence of the 2:35ft. --sold for 1. Islington. Nos is, 19, and 90, Oxford-terrace, freehold; and
that the honour of the appointment was enhanced their highly respected townsman, Mr.J. C. Lay. a freehold ground-reue of £10 per annum-solu for 2290. by his having to follow such a gentleman as Mr. cock. He had heli the oface of clerk: to the
Laycock; yet the responsibility increased in the magistrates for a long period; ho had had the
same ratio by that fact. It would be his most contidence of the profession, and had aspired to a MAGISTRATES' LAW, earnest endeavour to perform luis duties not only point beyond what any other person miglit aspire
to the satisfaction of himselt, but to their wor- to He was sure his friend Mr. Sykes was not so NOTES OF NEW DECISIONS.
ships and to the public. He knew that it would ambitious as to aspire to it all at once, notwith. UNLAWFUL WOUNDING.–To support a verdiet bo impossible at once to emulate the efficiency standing the unanimous appointinent from the of guilty of unlawful woundin, under the 14 & 15 attained by Mr. Laycock, after his long and varied bench. They very innch regretted the forced reVict. c. 19, s. 5, the act must be done maliciously experience. He (hir. Mills) therefore felt the re- tirement of Mr. Laycock, thongh of course he was as well as unlawfully. Prisoner, who was jealous sponsibility and difficulty of his position ; and he to some extent advanced in years; and, whilst ex. of persons going in pursuit of wild fowl, fired a
was sure he should endeavour to do his duty, not pressing that regret, they also felt as a profession gun, while the prosecutor was
on the water in only to his own satisfaction, but to mako the thoy ought to congratulate the magistrates on the his punt in pursuit of wildfowl, about twenty-five magistrates feel that they were justified in tho appointment of Mr. Sykes. Mr. Sykes had had yards off, to frighten and deter him from again appointment they had made. The business of the considerablo experienco before the bench; he had coming into the creek for the purpose of fowling court was then proceeded with.
been well accustomed to the principles of advoAs the prosecutor slewed his punt round he was
At the County Police Court, Huddersfield, on cacy, and knew how to avvise their worships; struck by the shots from the prisoner's gun, but the previous Tuesday, Mr. Jclan Sykes, solicitor, and they all felt full confidence in him. if he had not slewed the toat round the shot took his seat as clerk to the county magistrates
Mr. S. Learoyd then rose and said that he had would not have struck him. Held, that the con
for the Huddersfield petty sessional division for sat by Mr. Sykes for inany years, during which viction of the prisoner for unlawfully and mali-Upper Agbrigy. The magistrates present were time they had freqnently had to meet cach other in ciously wounding the prosecutor under sect. 5 of George Armitage, Esq. (chairman), L. R. Starkey, combat, as advocates representing various parties ; 14 & 15 Vict. 3. 99, was supported by the evi
J. T. Armitage, W. Brooke, and J. Beaumont, and he was exceedingly glad that so far as their donce : (Reg. v. Word, 26 L: T. Rup. X. S. 43. Esqrs. There was a full attendance of the attorneys worships were concerned that time had gone lg. Cr. Cas. Res.)
practising in the court, including Mr. T. W. He had now to look upon his friend as one who Clough, Mr. S. Learoyd, Mr. H. Barker, Mr. would have to check the legal view of the cases
Jacomb, Mr. J. I. Freeman, Mr. J. Haigh, Mr. which he (Mr. Learoyd) might put before their worMAGISTRATES' CLERKS AT HUDDERS- Fenton (Messrs. Heap, Fenton, and Owen), Mr. ships. As he had had the pleasure of saying many FIELD.
Sunderland (Messrs. Craven and Sunderland), Mr. times, he felt that, when nir. Laycock said he was On Friday, March 1, at the Borough Police-court, J.J. Milnes, Mr. Johnson, Mr. Ramsden, and Mr. wrong, that he was wrong. He believed exactly Mr. C. Mills, the newly-appointed magistrates' Armitage.
the same confidence would continue to be placed in clerk, took his seat. There were no attorneys The Chairman opened the proceedings by allud. Mr. Sykes. He was extremely sorry that Mr. present. The mayor, in congratulating Mr. Mills ing to the resignation of Mr. Laycock, their Sykes had to sit in that chair. No one regretted upon his appointment, said that there were a con. valued clerk, who had held the office for a term of it more than he did, that the necessity had siderable number of candidates, but that gentle- forty.three years; and ho might say he deeply arisen to make a fresh appointment; for in Mr. man was the only one proposed, and he was unani. regretted his absence. The gentlemen around him Laycock the Bench had the most implicit con: mously elected. The oflice was a very important shared that feeling, and he was happy to say that fidence; the solicitors around that table felt that one, because it bore relation to the due administra- it was the feeling of all the West Riding inagis. when Mr. Laycock's decision was given, it was a tion of justice, not only because of the competent trates who were not present that day. He was just, a right, and a fair one-and from the magis. knowledge of the law which was necessary, but sure, when he saw round him so many professional trates on that bench, to the poor wretches in the likewise in regard to the order of the business : gentlemen, that they also would regret that the dock, Mr. Laycock held ont the suino hand to whether parties coming to the court had due and magistrates were losing so valuable a man as Mr. keep their worships right, to keep the prisoners adequate opportunity of stating their cases to the Laycock. lio lud now, for a period of twenty right, and protect them from injustice or inbench so as toinsure proper adjudication. Of course four years, sat on that bench; they had had the jury. Mr. Laycock was well worthy of the these matters involved a great responsibility, but advice of Mir. Laycock all that time; they had high respect given to him; and it was personally ho (the mayor) might say that he had paid a great deal of attention to it, and they had honour, a very great honour, to follow in his footwitnessed the conduct of Nir. Mills in another acted upon the advice he had generally given. steps. As soon as the office became vacant it was official position in the town, and, judging from the He thought he might say that there a matter of great concern amorg the solicitors manner in which he had discharged the duties of very few courts in the West Riding of York. as to the appointment that would be madethat position, it augureid well for the way in which shire, or perhaps in England, where feiver appeals lest those who thought they were best fitted he would perform his duties as magistrates' clerk. had been inade with regard to the decisions of that for it might be in reality the least titted for If the manner in which Mr. Mills would discharge bench. A great deal of that must be attributed to it, and be the less willing to follow in the his duties here be anything like the way in which their valued clerk, Mr. Laycock, whose advice they footsteps of so excellent and worthy a man for he has discharged them at the Chamber of Com. bad oftentimes hnd to seek on points of aifficulty. fear of the contrast which would put them so merce, it would be not only satisfactory to himself, He was sure they would all join with him in far in the shade. It was felt to be desirable that but to the magistrates who sit upon the bench. the hope that the rest and quiet from the active when the appointment was made, there should be There was a matter which would make the duties duties that he had so arduously performed might the appointment of a gentleman in whose jade: somewhat difficult to discharge. Mr. Mills suc. restore him to tolerablo health, and that he might ment their worships and the profession would ceeded a gentleman who had held the position for be spared many years not only to his own family have the same confidence that they had in Mr. upwards of forty years. That gentleman has had but the town at large. He thought he might Laycock. He and his colleagues felt on this to retire from his post in consequence of physical say truly that Mr. Laycock was a most valuable point that the inagistrates had mavo the wisest of illness, which every one regretted. For forty-three man; charitable and amiablo in every way; and all selections. They believed it would have been years he discharged the duties of the office, and he they would everyone feel his loss very keenly. He impossible for their worships to have chosen ? carried away with him a character of spotless would now allude to his successor, Mr. Sskes. He gentleman better qualified for the office than Ir. integrity, not only in that office, but there was one was a gentleman he had known for a great many Sykes ; and they were pleased that in appointing nnanimous and universal feeling of deep regard years; he had practised at that court, and he Mr. Sykes, they had acted from no other motive towards Mr. Laycock thoughout the entire district. might briefly say that there was no professional than that they considered he was the best mallHaving to follow so able and excellent a man, gentleman who had attended that court who had who would best perform the duties of the othee. must necessarily involve a great responsibility, taken greater pains than he had to make himself He conld express for his friend, Mr. Sykes-for he and he could not wish Mr. Mills anything better acquainted with the different Acts of Parliament
was a friend, not merely in a professional sense, or higher than that, when the time came for him that came before the bench, and he thought that but in all truth and sincerity-no better wish than to retire--for they all, both magistrates and clerk, they could safely place the legal opinion in his that he might long continuo to receive the same must retire at last-he would
be able to retire with hands, and to advise the court upon it. All the good feeling and respect which bis professional the same feelings of universal respect as his pre- magistrates wished him every success, and that brethren, their worships, and the public had endecessor had done.
he might have health and strength to per- tertained towards him; that he might for many Mr. C. H. Jones said it would be ont of place if form the duties of the office he was now filling. years occupy that seat ; and that when the time he did riot say he entirely concurred with what it was gratifying to say that he was elected ame that he felt he must retire from the arduous the mayor had advanced with regard to their late unanimously-every magistrate approving of the duties of his profession into the quiet of private clerk. A more benevolent, able man, in the dis. selection; and they all hoped he might be spared ' life, he might carry with him tho good feelings,