« EelmineJätka »
the confidence of all, the respect and esteem of rity whatever to interfere in the taxation of costs ; ECCLESIASTICAL LAW. all, to the same extent that they were borne away and it seemed really to him to be a question beby Mr. Laycock.
tween themselves, the Treasury, and the Town Mr. J. Sykes, in reply, most sincerely thanked Council of Nottingham. If they like to allow
NOTES OF NEW DECISIONS. the Bench for the high honour they had conferred the Town Council a certain proportion of the TITHES--Modus-CONVERSION INTO Tillage. upon him by appointing, him their clerk. No costs of prosecutions, they could do so, and the Before the Tithe Commutation Act 1836, an greater honour could befall any man than to have Town Council would receive it; but he could not award was made under certain Enclosure Acts, by succeeded a gentleman of the high reputation held see any reason why the allowance should be reduced which the tithes of the land in which the plaintiff by the late clerk, who, for more than half cen- to one guinea in the case of ordinary pr cutions ;
was a landowner, and the defendant the rector, tary, had set an example of everything that was an unless the court should direct him (the Clerk of
were commnted. By this award a yearly modus honourable in a professional man. For very inany the Peace) that he ought to reduce the costs of all payable in lieu of hay and adjustment tithe payyears Mr. Laycock had been the able guide of that such cases, his present intention was still to allow ment, and also larger sums to be paid yearly for Bench; and in guiding the Bench, the Profession two guineas as being a moderate amount and a the same lands when occupied by non-resident or universally received the greatest kindness at his fair remuneration, which, indeod, had been allowed converted into “ tillage,” were fixed by the comhands, and the public the same ; indeed everybody, for fifty years past.
missioner. A house had since been built upon a with whom he caine into contact, received uniform The RECORDER said he feared it was a case in portion of a field of the plaintiff mentioned in the courtesy at his hands. When he saw aronnd him which he could not render any assistanco, and he award, and a further portion to the extent of his professional brethren, he did feel greatly grati; nust leave it to the discretion of the Clerk of the 22 perches was converted into garden ground, fied and encouraged; and to know that he had Peace. It appeared that the scale of costs hal and the remainder of the field nade into an their respect was to him beyond all praise. been laid down by Act of Parliament, and sub: orchard. The defendant put in a distress for the (Applause.) He owed Mr. Learoyd a public dohtof mitted for the approbation of the senior judge of larger sum fixed by the award to be paid for this gratitude, and he would pay it now. He was a assize ; he (the Recorder) had no power to vary field, on the ground that part of it had been con. gentleman who would have aspired to the office he it in any way; and, on the other han he had no verted into “ tillage." Held by the Court of Exhad now the honour of filling; but he most kindly power to interfere with the treasurer.
chequer Chamber (Cockburn, C.J., Blackburn and declined, if he (Mr. Sykes) would come forward ; The Clerk of the Peace said then it must rest Mellor, JJ., Channell, Pizott, and Cleasby, BB.), and he felt that to be a great compliment indeed, with the taxing officer; only it placed him in this atlirming the decision of the Court of Common coming from liim than whom no man had higher position, both with tho Treasury and the Town Pleas, that the garden ground and orchard being pretensions to the office. Then he had experienced Council, that they would wonder why he should accessories to the house, there had been no con. à similar kindness to him by his friend, Mr. continue to make allowances which were systema- version into “tillage :' (Vigar v. Dudman, 26 Barber, in another direction ; and from Mr. tically disallowed by the former.
L. T. Rep. N. S. 76. Ex. Ch.) Jacomb, the same kindness to a considerable ex- Tho RECORDER presumed that the scale was tent. All this showed to him that he had at any allowed that was approved by Mr. Baron Alderrate the approval of his professional brethren. son. He ha i no power to vary that scale. Ho again thanked the Bench for having appointed Belk (attorney) said he did not know
COMPANY LAW. him their clerk, and his professional brethren for whether he was ont of order in addressing the their congratnálations; and he repeated that it learnel Recorder, but he wished to say that he NOTES OF NEW DECISIONS. would ever be his aim to conduct the business certainly thought it desirable to have an expres- RAILWAY-PURCHASE BY-REINVESTMENT OF the court with impartiality. He concluded by sion of the Recorder's opinion as to the remune. have the opportunity of referring to the late in one of the cases to be tried that day, he had taken by them for the purposes of their undersaying that it was very valuable indeed for him to ration given to the attorneys. He might say that PURCHASE.MONEY.- Money paid into court by a
railway company for certain leasehold premises clerk, in doubtful cases-regarding it as a very written six letters, for which he got no remuno: taking was, on the petition of all the parties great privilege to have such a course opened to ration at all. Some cases, it was true, did not him.
entail so much trouble in the direction as others; interested, ordered to be invested in freehold The ordinary business of the court was then but really theirs was the worst paid professional paid the costs of a previous reinvestment, they
premises, and notwithstanding the company had proceeded with.
business, and if the Treasury persisted in allow-
were ordered to pay the costs : (Re Parker's a brief, attending witnesses, and looking up preNOTTINGHAM BOROUGH QUARTER vious convictions in order to prosent a successful claimed land adjoining land of his own and the
VESTING OF SUPERFLUOUS LAND.-Plaintiff SESSIONS.
prosecution before the court, they should cer. Thursilay, Feh. 29. tainly retire from the business altogether. He the defendants for the purposes of their Acts
defendants' railway, which had been acquired by (Before R. WILDMAN, Esq., Recorder.)
not think there was a gentleman holding the
of Parliament. This land had been used by Attorneys Fees joi: Prosecutions. distinguished position of the leurned Recorder
the defendants for the deposit of chalk and A. Wells, Clerk of the Peace, addressin, the that hid had it more extensive experience; and Recorder, said he wished to draw the attention of therefore an expression of his opinion on the matter spoil, which he: been taken from a neighbouring
entting : but beforo ten years had elapsed from the court to a matter which materially affected under discussion would be exceedingly valuable. the conduct of business of courts of quarter ses. The Recorder said the opinion of the Court of and up to the present time, the surf.ice of this
the time fixed for the completion of the works, sions. For some time past the Treasury had dis- Queen's Bench had been expressed in stronger deposit, together with the land not covered, was allowed a portion of the costs allowed for prosecu- i terms than he would venture to use. Ho had
used for gardens and let for hire by the company. tions in that court, as well as in many others. alreadly remarked, upon the scale, that he thought By a private Act passed subsequently to the ten About two sessions ago, he received an intimation it was too low; and Baron Alderson's remark, years from the completion of the works, it was from the Clerk of the Treasury that in all ordi- ; as far as he could remember, was, not that it was
provided that the defendants might retain and nary cases of prosecution the attorneys prosecu. too low, but that it was a matter of only small im hold any lands belonging to them, which had not ting should not be allowed more than one guinea portance. His own opinion was that the scale yet been applied to the purposes of the company, for the whole of the work of getting up a case and which had been acted upon ever since must still for the period of ten years after the passing of defending in court. But the Treasury did not be acted upon until it was changed by some higher that Act: Held, that this was superfinous land define the cases, but left it to the option of the power. Whether the Treasury had the power to
within the meaning of sect. 127 of the Lands court. He, therefore, had taken no notice of the do so or not, he did not know. intimation, inasmuch also as he did not conceivo
Clauses Consolidation Act 1815, althongh it had
Belk asked if the Recorder still held that view. been used for the purposes of the company since that two guineas was an unreasonable remunera- The Recorder said he had nothing more to add they had acquired it; and that the plaintiff was tion. At the last session, when the accounts were Cranch (attorney) asked if the learned Re. sent up, the Treasury, in a communication to the corder was aware that in some cases at Derby the entitled to the land, although he had taken no town clerk, disallowed the whole of tho second scalo had been increased, not exactly so far as the stap to acquire possession before the extension guinea which had been allowed to the attorneys, attorneys were concerned, but in allowing two (May v. The Great Western Railway Company, 26
of the prescribed time by subsequent legislation : and it was sent down to him (the Clerk of the guineas instead of one guinea, for counsel. Peace) with an instruction that in all cases where The RECORDER said that had always been the L. T. Rep. N. S. 17. Q. B.) there were not more than five witnesses only one case at Lincoln. He scarcely knew what was done guinea should be allowed to the attorneys. So in county sessional courts in the matter; and he THE NUMBER ADVERTISEMENTS that the Treasury had now laid something down thought that could only be done in borough PopcLAR PAPERS. — The Philadelphia Public definitely to go by, as to what minor cases and sessions by the authority.of the Senior Judge of Ledger which claims to have “indisputably the cases of more importance were. He could not see Assize. He did not, however, think the Senior largest circulation of any daily paper in America, his way clear as Clerk of the Peace, unless he had Judge of Assize would now increase the scale. perhaps in the world,” boasts that “on a recent an especial order of the court, to disallow the Cranch repeated that what the attorneys were Saturday it had more than 1700 advertisements.” attorney the second guinea, for he felt that tiro complaining about was the reduction to one According to the published statements of the Clerkguineas was not an extravagant allowance to an guinea for doing the whole of the work of a pro- enwell News that paper had in one week 15,000 attorney for getting up a case, delivering a brief, secution.
advertisements (which is an average of 2500 seeing witnesses, &c., nor did he think they conld The RECORDER said the administration of justice
of several get a respectable attorney to do the work for a : was a proper subject for consideration, and it thousands over
paper." The He had not learned, in looking over must be considerod by those who administered it largest number of advertisements that the proceedings in late cases before the Court of with a view to proper economy.
recollect having ever seen in the Times was about Queen's Bench, that the Treasury had any autho. The subject then lapsed.
1800, in the Daily Telegraph about 1700, and in
the standaril about 800. These figures, great as BOROUGH QUARTER SESSIONS.
they are, are completely put in the shade by those
of the Exchange and Bart of March 6, which conBoronch. Recorder.
tained the extraordinary number of 4003 advertiseappeal to be given.
ments, being probably the largest number that Friday, April 5 T. W. Saunders, Esq.. 14 days
has ever appeared in one copy of any journal since Berwick-on-Tweed Friday, April 5
W.T. Greenhow, Esq...
Wnat notice of
Clerk of the Peace.
the invention of newspapers. This will be seen Thurs:lay, April 4
S. Pope, Esq., Q.C.
to be the inore remarkable when it is considered Bridgwater Thursday, March 21. P. H. Ellia, Esl., QC. 11 days.
that the advertisements were entirely from private Canterbury Weinesdıy, April 3. J. Deedex, E39
H. T. Sankey.
Eppa's CHOCOLATE.-"Nous n'avons eu France qu'une
seule usine où la préparatiou du Cacao emploie un Thursday, April 4
J. B. Maule, Esq., Q.C..
matériel et un personnel aussi considerables que ceux Newcast-un-Lyme. Friday, April 5
J. W. Ward.
que nous avons vus dans l'usine ne Messieurs Epps Oswestry Saturday, March 16. J.R. Keryop, Esq.,Q.C.
C'est we véritable curiosité dans son geure que cette Rochester Monday, April 8 F. Barrow, Esq.
W.W. Hayward. immeuse fabrique."--La Sitution (tbe Imperialist Shrewsbury Monday, March 18 W. F. F. Bougley, Esq. 14 days
organ). The wrarper of each cake of Chocolate is Tewkesbury Tresciny, March 26
J. Fallon, Esy.
W. Winterbothim labelled “JAMES Epps & Co., Homeopathic Chemists,
Ludou." Als), makers of Eppss Milky Chocoluto
(Chocolate and Condensed Milk).
W, I. Bull.
REAL PROPERTY AND
Where a charter-party stipulates that a ca 'go is dant pleaded in defence that he paid Price (who CONVEYANCING.
to log chilivered at one of several safe ports as was admitted to be the duly authorised agent of
oril-rol by the consignees, and it becomes iinpos. the plaintiffs), before he had received notice from NOTES OF NEW DECISIONS.
sible, by the outbreak of war, after an order is the principals not to do so, and he produced in Chartre-LEGACIES-DOCTRINE OF cyrres-
viven, to deliver at the port named, and the support of his statement an invoice duly receipted
mister, without coinmitting a breach of contract, by Price, the agent, and admitted to be in his Trusts UNASCERTAINABLE.-- T'estiutrix by her pats into another port within the charter, he is handwrit'ng. This invoice, however, it appeared will bequeatheri ber residuary personal estate to entitled to a new order, and is not bound to on inspection, was made out on a bill head of trustees upon trust to be applied in aid of erect- deliver there without payment of full freight. A Price's, and apparently as if ho himself had ing or of endowing an a tiitional church at A.”
Prussian vessel shipped it cargo of nitrate of soda supplied the goods as principal, and not as the Neither at the date of the testatrix's will, nor at (contraband of wari under a charter-party by agent of Messrs. Fardon and Co.; and his Honour the time of her death, was there any church which sho was to proceed to C. C. or F. for orders, held that under thescircumstances the money answering the description of an allitional chnrich
at the option of the inaster, where he was to receive was paid to Price, not as the agent of Messrs. at A., either in existence or abont to be ereoted :
or lers to proceed to any on safe port in Great Fardon and Co., but as principal, and therefore Held, that “alditional church was not limited Britain, or on the continent between Havre and the payment was no defence to the action, and to a church added between the dates of the will Haruburgı, both include:l, and there deliver the that, in the face of this receipt, it was in vain for and the death of the testatrix. A bquest for the
caro. The vessel July called at t., on July 10th ; the defendant to contend that the payment was endowinent of a future church is a good chari. the master received orilers on July lith for made to Price as agent. Price having absconded, tablo gift; and also having regaril to the Church Dunkirk, it French port, for which he at once set Mr. Edwards had thus to pay the value of the Building Act (43 Geo, 3, c. 103), by which tez.
suil. On July 16th, off Dunkirk. he was informed manure over again, and also the cost of the action. tators are enable l to give not exceeding £500, or by n French pilot in official uniform that war had It will be seen, therefore, that in taking a receipt five acres of land for church building purposes, bien declared. The master thereupon put back from an agent, as such, particular care should be and to the alternative power given by the wil to to the Downs to make inquiries, and arrived there taken that the receipt is given on an invoice of the exocutors of applying the fund in aid of erecting or of ind .wing an additional church, information; he was ordered by his owner not to on July 17th, a Sunday, and could got no further the principal, and not of the agent; and that it
would be better not to take any receipt at all than £500 of mixed misonulty miglit be applied in
so to Dunkirk, and on July 19th put into Dover to take one which would seem to show that the building an additional church, and the wh le on July 19th war was actually declared by the agent was treated as being himself the principal. of the pure personalty in endowing it. An French against Prussia. On July 23rd, the master inquiry directed whether the fund or any part, refused to go to Dunkirk. On Aug. 1st, the con. thereof conid be laid out or employed in ail of signees demanded the cargo at Dover without erecting or endowing an additional church at A. offering freight, but the master refused unless paid
BANKRUPTCY LAW. Quære. whether the doctrine of cy pres applies freight : Held (affirming the decision of the Admi; where there has been a gift to a particular object ralty Court) that, as it would have been illegal
NOTES OF NEW DECISIONS. which fails : (Sinnett v. Herbert, 26 J.. T. Rep. und dangerous to go into Dunkirk if war had
BANKRUPTCY ACT 1869, 8. 7-DEBTOR'S SUM. N. S 7. L. C.)
DISPUTE AS Wills Act, s. 27-POWER OF APPOINTMENT, mation received, justified in pntting back to the indebtedness by a jury unless the debtor is preactually existed, the master was, upon the infor
TO PARTNERSHIP. --The
court will not direct a trial of the qnestion of GIFT – Will Downs to make inqniries, and that the time oc pared on the hearing of the sunmons to give MADE BEFORE Wills Acr.-A., being entitled cupied before the declaration in making those security pursuant to the 7th section of the Bankunder B.'s will to a considerable sum of person: inquiries was a reasonable time, and that upon ruptcy Act 1869 : (Ir parte Rowbotham ; Re Rowalty, settled thereout £3000 on the marriage of the declaration of war, the master was not bound bis daughter; and on his own second marriage, in to proceed to Dunkirk : Held also, that, as there botham, 25 L. T. Rep. N. S. 921. Chan.) Ocʻ. 1823, he settled ihereont a further som of
was no improper deviation or delay in not putting £2510 on his wife for life, with remainder to the into Dunkirk in the firsi instance, the case was
LIVERPOOL COUNTY COURT. children of the marriage ; and in default of issue, the same as if war had broken out when the it was declared that the trustees should, after the vessel first arrived off Dunkirk, and, there being
Friday, March 8. decease of the survivor of the husband and wife,
(Before Mr. Serjt. WHEELER, LL.D., Judge ) pay the money to such persons as A. should not, under this charter-party, impossible of per: no breach in putting into Dover, the contract was
Ex parte ALTGELDT AND OTHERS; R. DOUGLAS. appoint by will, and in default of appoint- formance, or dissolved by the outbreak of war, but Bankruptcy Act 1861-Right of double proof. me it to such persons as should then be the next of kin of A., according to the statute that the consignees, as they had demanded posses. was capable of being substantially performed; Any case pending when the B.A. 1969 came into
effect must be administered according to the laur A. made his will in April 1824, and, after re
sion at Dover (il port within the charter), were in force when the proceedings were institutel; citing that under B.'s will he was entitled to
not entitled to delivery except on payment of full but the procedure provided by the present Actcon considerable sums of personalty, and that he had freight : (The Teutonia, 26 L. T. Rep. N. S. 43. be elleil in oil to carry out that lov. A sole settled £3000, part thereof, upon his daughter, Priv. Co.)
trader in Liverpool, under a particular style, and £2500 other part thereof, upon his wife upon his marriage, the testator ratified and confirmed Foreign ENLISTMENT Act. The detaching
NAVAL SERVICE-TOWING A PRIZE OF WAR- carrying on business solely in Brazil wer
another style, who gave a creilitor bills upon the settlements made by him upon his daughter prize crew after capture to take charge of and
Bahia firmi acrepteil by his Liverpool firm: Held and his wife, and as to all the residue and reto bring a prize and its native crew as prisoners of
liable io the creditor for proof of debt upon the inainder of the moneys to which he was entitled war safely to a port of tho captors, is essentially
estates at B.hia as well as Liverpool. The under B.'s will, he gave them upon trusts under which his wife eventually became entitled. The lawful capture by a belligerent vessel, and whilst a warlike naval operation. A merchantman, on
caseof Goldsmid x'. Cazenove (29 L. J. 18, Bank.
Cas.) distinguished. testator died in 1829, and his wife died in 1869 : held by a naval prize crew dotached from that This was a inotion to allow creditors to prove Helil, under the above circumstances, that the testitor had not, by the residuary gift'in his will, vessel, is in the actual possession of the Govern against their debtor's estate both at Liverpool and
ment of her captors. exercised the power of appointment conferred on
Her vrize crew are still part | Bahia, where he carried on distinet businesses
of the crew of the belligerent vessel, share in under different styles. The argument of the bion by the settlement; and that the sum of L2500 ivent, as in default of appointment, to A.'s captures made by that vessel, and may inako learned counsel are fully set forth in the folloring.
His HONOUR said : This was lawful captures whilst on board the prize. The nest, of kin, who were to be ascertained at the prize, therefore, ceases to be a merchantınan, and by Messrs:
an application Altgeldt and
Behrens to be Moith of his wife : (Re Bringl se's Triests, 26 L. T. becomes a vessel engaged in the naval operations admitted to
prove and rank creditors R-p. N. S. 58. V.C. M.)
of her captors. A British steamtug was sent by under this assignment. Mr. Cobbett, of Man.
her owners, Her Majesty being neutral, to tow chester, appeared in support of the motion ; MARITIME LAW.
such a vessel from British waters to the waters Mr. Shipman, of that city, against it. The of her captors, the tug owners knowing that she material facts are these. Mr. Douglas carried was a prizo; the tug performed the towage ser.
on business of a merchant in Liverpool, under the NOTES OF NEW DECISIONS.
vice : Held (reversing the judgment of the Admi. style or firm of Douglas and Co., and ho at the NECESSARIES-MATERIAL MEN-MORTGAGE-- ralty Court), that the towing was assisting in a
same time carried on a similar business in Babia, Priority-MARITIME Lien.- Material men sup- warlike naval operation, and that the sending the under the stylo or firm of Douglas, Latham, and plying necessaries in England to a British or tug for that purpose was a despatching for the Co. It does not appear that Messrs. Altgeldt and British.colonial vessel do not, under the Admiralty purpose of taking part in the naval service of a Behrens, at the time of the transaction now in Court Act 1861(24 Vict. c. 10), 8. 5, acquire a mari. belligerent within the meaning of the Foreign En question, were aware that Mr. Douglas had, in time lion upon the ship. Th3 ship does not become listment Act 1870 (33 & 31 Vict. c. 90), s. 8, sub- fact, no partners in Bahia, and that the business chargeable with the necessaries supplied until sect. 4, and that the tug was therefore forfeited to there, like the business in Liverpool, was ex: actually arrested by the Court of Admiralty. All the Crown. Where an offence is brought within clusively his. Between the 3rd Feb. and the oth valid charges on the ship, to which any person, the words and within the spirit of a penal statute, March 1869, those gentlemen sold to the Liverpool other than the owner of the ship personally liable that statute must be construed like any other firm goods amounting to £1900, and took the for the necessaries, is entitled, take precedence instrument, according to the fair common sense acceptances of that firm for those goods. Whilst over claims for necessaries. A mortgagee, there meaning of the language used ; and a court is not
the bills were running, Mr. Douglas applied to fore, is entitled to priority over material men. to find any doubt or ambiguity in the language of Messrs. Altgeldt and Behrens to renew them when Semble, a British ship in the hands of third par.
a penal statute, where such doubt or ambiguity at maturity ; but Messrs. Altgeldt and Behrens ties, to whom she has been duly sold by the would clearly not be found in the same language objected to do so unless the Liverpool firm proowner, who is liable for the necessaries supplied, in any other instrument. vuore, can the Crown curred an additional name to the renewed bills. cannot be made chargeable for those necessaries be condemned in or receive costs in such a suit ? Douglas and Co. subsequently offered to Messrs. under this section. Semble, a maritime lien is (The Gauntlet, 26 L. T. Rep. N. S. 45. Priv. Co.)
Altgeldt and Behrens the name of the Bahia given by 3 & 4 Vict. c. 65, s. 6, for necessaries
firm of Douglas, Latham, and Co., by way of supplied in England to foreign ships : (The Two
additional security, and this offer was accepted. Ellens, 26 L. T. Rep. N. S. 1. Adm.).
Therefore, on the maturity of the bills, renewed NON-DELIVERY OF CARGO DEVIATION
bills were given drawn in the name of the Bahia DELAY-OUTBREAK OF WAR-PORT NAMED UN.
TENBURY COUNTY COURT.
firm of Douglas, Latham, and Co., upon, and ac. SAFE-DUTY OF CONSIGNEE-CHARTER-PARTYPAYMENT OF FREIGHT.-War may exist de facto
Saturday, Feb. 21.
cepted by, the Liverpool firm of Douglas and Co.
On the 14th Dec. 1869, Douglas and Co., of without a declaration, but only where there is an
(Before R. KETTLE, Esq., Judge.)
Liverpool (Mr. Douglas, in fact), executed an actual commencement of hostilities. A master, on
FARDON v EDWARDS.
assignment for the benefit of creditors, and that the receipt of credible information that his vessel Principal and agent-Receipt of agent. deed was duly registered on the 30th of that will be exposed to imminent peril by continuing The plaintiffs, Messrs. Fardon and Co., manure month under the provisions of the Bankruptey his voyage, is justified in deviating or pausing for manufacturers, of Droitwich, sued Mr. Edwards, Act 1861. The trustees thereupon took posses; a reasonable time to avoid that peril, or to make a farmer and landowner, living near Tenbury, sion of and realised the entire estate and inquiries. To justify a master in so pansing or for £16, the price of two tons of seed manure, effects of the firm in Liverpool, and the pro. deviating it is not necessary that the ship and ordered through a man named Price, the agent ceeds-amounting it is said, to some thousands cargo should run a common riek from the peril. of the plaintiff's, and supplied in 1869.' The defen.' of pounds-were placed and now remain in a
Manchester bank. It would seem that, accord.
to apply. I have known cases where these deeds ing to the Brazilian law, in the case of a debtor
inave been missing for years, and were only disin Bahia becoming insolvent, his estate and effects are administered under a concordata or
Mr. J. S. T. Greene has tendered his resignation these cases, the trustees never transferred the
covered after much trouble and injury. In one of agreement with his creditors, and this has been as a judge of the County Court for the district stock from the name of the life-tenant, into done in the case of the Bahia firm of Douglas, comprising Bolton, Bury, Wigan, and Leigh. their names as they ought. In another case Latham and Co. It is stated that the creditors Mr. Greene, who is between sixty and seventy no clauses were inserted in favour of children of the Liverpool firm of Douglas and Co. were
years of age, has resigned on account of failing although a considerable amount of stock was in. not admitted to a share in the estate; but health.
vested to secure an annuity for the wife. Several Messrs. Altgeldt and Behrens having a claim County Court JUDGESHIPS AND THE BANK children were born and became adults, who might upon the firm of Donglas, Latham, and Co., as
RUPTCY LAW.-On Wednesday a deputation from have been prejudiced seriously if the husband had drawers of the dishonoured bills of exchange, Manchester, accompanied by Sir Thomas Bazley, not succeeded in his business. It merits notice were admitted as creditors and received their M.P., Mr. Hugh Birley, Mr. W.F. Charley, M.P. that a trustee must disclaim by deed to be abso. rateable dividend with the other Bahian credi. and the Hon. Algernon Egerton, M.P., had an in. lutely released, although he may not have executed tors. That dividend amounted to £285. Messrs. terview with the Lord Chancellor on the subject the trust-deed. In a case within my knowledge, Altgeldt and Behrens now seek to prove and of the proposed changes in the administration of counsel recommended this course which was receive dividend in England, grounding their the Manchester County Court business, when effected by indorsement on the trust-deed although claim upon the fact that they had the dis. matters connected with bankruptcy and other the trustee had not acted in the trust in any tinct and separate security of the Liverpool subjects were discussed. The deputation, which manner, and had merely in a note to the cestui que firm of Donglas and Co , in addition to the security included members of the Corporation of Man- trust agreed to act as trustee. I recollect a case of the firm of Donglas, Lathain, and Co., of Bahia. chester, of the Manchester Chamber of Commerce, where å husband strenuously objected to discharge The trustees deny the right of Messrs. Altgeldt and and of the Manchester Guardian Society for the the costs of his marriage settlement prepared by Behrens to rank as creditors on the liverpool Protection of Trado, pointed out the great incon- the solicitor of his wife, a minor, but counsel estate, and contend that although those gentlemen veniences suffered by traders in consequence of decided against him, and, I believe properly so, might have proved either on the estate in Bahia or
the Chief Judge in Bankruptcy, Vice-Chancellor although it seems hard that in such a case the on that in Liverpool, they cannot prove on both, Bacou, sitting one day, a week only. The Lord husband must pay his own solicitor also. Few and that, having elected, they are bound by such Chancellor, in reply, said that it would be very trustees read marriage settlements personally, election. Now, it must be remembered, that there desirable if the Chief Judge could give more time but it is not so always, for I have known cases is in this case in fact only one trader, though he to bankruptcy business than he was now able to where surprise has been shown, and even offence trades in two countries and under different part- do, and he hoped that when Parliament passed a caused, by a trustee making this reasonable renership houses or firms. There is, therefore, only measure founded on the report of the Judicature quisition. But, if contemplated, the step should one estate to be administered, and each creditor is, Commission (and if not this year he hoped it be taken some time before the execution of the according to the law of bankruptcy in this country, would not be later than next), the present griev. deed so as to prevent unpleasant discussion at an entitled to his distribution share of the estate, ance would be remedied; that matter, as well as inopportune time. In fact the responsibility wherever situate. Prior to the Bankruptcy Act County Court Judgeships, had to be dealt with in should be clearly comprehended by all parties be1861, various questions arose as to what was called contemplation of legislation upon the report re- fore the engrossment of the draft. the right of double proof, and in the case of Gold. ferred to. It must be borne in mind that the
CAR. COOKE. smid and others v. Cazenove and others (29 L. J. Bankruptcy Act was itself a new measure, and it 18, Bank. Cas.), which was decided in the House of would require some little time to know exactly Lords in the year 1850, it was held that there the details of the machinery in order to put it into
JUDICATURE COMMISSION.—Having read the were two firms, one consisting of two individuals, operation. One feature of the measure had been resolutions of the commissioners, printed in your and the other of the same individuals and of a
to a large extent set aside by a practice on the issue of the 17th ult., and the letter of “ A Regis. third, and they had mutual dealings and drew bills part of creditors which he very strongly.com. trar of County Courts," in your last number, on each other, if a bankruptcy occurred the holders demned. Under the old law there were about 13,000 induced to make some observations upon the subof their bills were not entitled to prove under both bankruptcy cases in the course of the year, and ject so far as it relates to County Courts. (1) That bankruptcies. This case was followed by others in the number in which any debts were paid was not
a reduction of the number of courts, and, of neces. which the doctrino laid down was approved, and more than 2,000. This
was very discreditable to sity, registrars, by the judicious consolidation of the result was that in the Bankruptcy Act 1861 the commercial community, and it was with a the smallest courts to the nearest larger ones, a clause was inserted (sect. 152) enabling proof to view to amend it that the clause was introduced would be a great saving of expense to the Govern. be made in respect of distinct contracts against by which no bankrupt could pass the court unless ment without serious inconvenience to the suitors, distinct firms, being common traders, or a firm he had paid 103. in the pound, save by the consent
may be admitted, but it is scarcely believed that and one of its members carrying on distinct of his creditors. Creditors had, however, ac
the superseded registrars would be so unjustly trades and having distinct estates. The prin cepted much smaller sums in too many instances; dealt with as not to receive some reasonable comciple thus sanctioned, which was limited to bills and, in fact, it seemed almost a rule to take 2s. 6d. pensation for the loss of their appointments. To of exchange and promissory notes, has been ex
or 5s. in the pound. His lordship intimated to the abolish the offices without some recompense would tended, under the Act of 1869, to all cases of con
deputation that in consequence of the arrange violate all precedent and usage, and be a measure tracts. If this case be dependent at all upon the ments which had now been made to amalgamate of great injustice. It should also be remembered special provi:ions of the Bankruptcy Acts, the the courts of Manchester and Salford it would that the principal advantage of a County Court is Act of 1861 is that by which it must be governed, be unnecessary to transfer Mr. Russell, Q.C., to its vicinity to the suitors, and that a sweeping as the assignment was executed and registered the Liverpool court. Mr. Russell had expressed mcasure of consolidation would destroy most of under that Act. But it appears to me that, his willingness to undertake the duties of the the benefits of local courts, and it might be just as although in the discussion of this case it has been amalgamated court, and there was a general desire well—and be a great saving of public money-to dealt with by the learned advocates on both sides
on the part of the inhabitants of the district that do away with the County Courts, and add their as a case of double proof, it cannot correctly be so
he should remain in his present office. The pro- jurisdiction to that of the proposed provincial called, for that term applies to proofs on distinct posed alterations in Lancashire would have the Superior Courts. The costs of the present Supe. estates, whereas here there is only one estate to following result :- A new judge would be appointed rior Courts are not occasioned so much by the be administered, and only one debtor-William for Liverpool in the place of the judge who would preliminary proceedings as by the solicitors and Douglas-part of his estate being in England and resign; Wigan and Leigh would be added to Mr. witnesses attending at the assizes, possibly for another put in Bahia. The English bankruptcy Harding's district, and Bolton and Bury to Mr. several days, and the consequent heavy disburseprocess, it seemed, did not reach the Bahia pro. Osborno's district. These changes will do away ments in travelling and hotel expenses, and fees to perty, and, in order to reach it, it became with the necessity of the appointment of an addic counsel and the court. No tribunal can avert necessary that a separate and independent pro- tional judge whose office has recently fallen this except a local conrt of limited jurisdiction, cess of winding.up--a concordata-should' be vacant.
and the present County Court answers this purpose resorted to; but that fact does not, as it appears
admirably by its proximity to the suitors. To unite to me, alter the nature of the liability of the
a large number of these courts, and compel the debtor or affect the right of the creditor to
CORRESPONDENCE OF THE
suitors to travel fifty, forty, or even thirty miles to his distributive portion of the assets, wherever
have the cases heard or tried, would be to abolish those assets may be. But if it be otherwise, and
the system of local courts, which has been of so if this case is to be dealt with, as it was contended before me it must be, as ranging under the section | Nore. -- This Department of the Law Times being open to great benefit to the community, and to recur to the
frer disense ou on all professional topics, the Editor is not old plan of centralisation, without any of the unof the Bankruptcy Act of 1861, to which I have responsible for any opinion: or statements comained in it. doubted advantages of its metropolitan situation. referred, on the ground that there are two distinct
But the fact is, the present County Court has had estates to be administered, -now, inasmuch as MARRIAGE SETTLEMENTS.-With reference to thronghout to maintain its ground against the before the renewed bills were given it was ex- my notes in the Law TIMES, Nos. 1496 and 1502, prejudices of the Bench, and hostility of the Bar pressly stipulated on the condition on which it may be stated that a trustee who has been of Westminster Hall, who have not been slow to Messrs. Aitgeldt and Behrens consented to renew launched upon a troublous sea through successful malign the inferior tribunal, which but for its them that they should be in the names of the tonting, may be asked to accept an equitable incomparable utility in the recovery of small Bahia firm as well as of the Liverpool firm, so as mortgage as a security for trust money, or to sink debts, and the redress of small grievances, would in fact to give a distinct remely us against each, the trust money in the purchase of an annuity long ago have been destroyed by the odium which those gentlemen are entitled, in my judgment, to during the life or lives of the cestui que trust, or has been cast upon it by the biassed voice of the come in as creditors of the Liverpool firm, although cestuis que trust, where there is no probability of higher branch of the Profession. It is time the they have been paid a dividend from the Bahia issue. In either case the breach of trust is plain, solicitors of the country, aided by the mercantile firm. And with respect to the amount for which although, in the latter case, the risk may be less community, whose tribunal the County Court they are to rank as creditors upon the Liverpool than in the former. I have known cases where essentially is, should bestir themselves, and prefirm, that, as it appears to me, must be the amount such breaches have occurred, and the rerult was vent this most important and useful tribunal for which they were creditors at the time the satisfactory, but it is obvious that a trustee ought being crippled, and eventually destroyed, by the assignment of the 14th Dec., 1869, took effect not to be exposed to this liability, as he is under interested opposition of higher quarters. (2) The namely, at the dato of registration, for that date is private trusteeship. It is, generally, a choice of office of high bailiff of a County Court may be equivalent to an adjudication in bankruptcy. Of difficulties, either the trustee must commit a abolished without any detriment to the tribunal, course, however, it is the duty of the trustee in breach of trust, or offend the cestui que trust, who and with a great saving of expense to the public ; any such case to see that the creditors ranking inay be enabled to evince his displeasure practi. for the office simply is, and ever has been, quite upon the two estates do not receive in respect of cally. I maintain that a court of equity should unnecessary, and these officers have been drawing their debts, from whatever sources, inore than the intervene so as to relieve a trustee from this the suitors' money largely for no cquivalent, or full amount of them. What I have now said responsibility. An impartial, disinterested judge even real service. (3) To consolidate the County disposes of the several questions raised before me. would decide the propriety of the security better Courts, and remove all the present registrars, who As to the residue of the motio the questions than the trustee or cestui que trust could. With have done their work so well as even to contrast involved in it were not discussed, and I inake no reference to these deeds, the system of regists: - most favourably with the manner in which the order. The costs of both parties to come out of tion advocated at the recent social science meet. judges have done theirs, and supply their place the estate. Order as prayed.
ing (see Law Times, Nos. 1495 aud 1490) ecems by barristers, is a measure so unjust, in politic,
and cruel, that it is incredible to think it con- when cases arise such as a contested election for a NOTES AND QUERIES ON templated, let alone be carried into effect. To coroner, the legal societies should, if no solicitor
POINTS OF PRACTICE: supplant the existing able and experienced ontered the field on his own authority in time, put registrars of those courts, which under the new forward some one and defray the expense or part Notice.-We must remind our correspondents that this plan will absorb the nearest smaller ones, hy thereof. If what I have suggested is worthy to be column is not open to questions insolving points of law briefless and incompetent barristers, who alono digested, I hope the same may bite without such as a solicitor should be consnlted upon. Queries rill would accept them, would be a step so flagrantly hurting, as my only object in making this com
be excluded which go beyond our limits.
X.B.-None are inserted unless the name and address of the wrong, and contrary to all precedent, that it is munication is for the benefit of those wl o je writers are sent, not necessarily for pab.ication, but as a scarcely believed to be seriously entertained, or, talents I have seen so ably displayed in courts guarantee for bona fides. if proposed, would not be immediately scouted by and other places, but who find attorneyship a the Parliament and public. To do so would be barrier instead of an advantage to their renown
Queries. to re-enact the privileges and guilds of the dark and greatness. Apologising for troubling you
117. EXECUTION CREDITOR.-If an execution creditor ages, and that in the generation which has bailed with so many words, and thanking you for your seizes furuiture worth more than 20 for a sum under the triumph of free trade and equal rights. The ready willingness at all times to assist in benefit. £20, and an iuterpleader is tried in a County Court and necessary fusion of the barrister and attorney for ing those who are named and deservedly so, “the decided in favour of the claimant in the interpleader general practice is, now a days, an admitted lawyers,”
ONE OF THEM.
issue, is the claimant entitled to costs on the higher scale ?
J. D. prir.cipie, and yet can it be supposed that the March 6th, 1872. heads of the Profession seriously contemplate the
118. ADMISSION --A gentleman passed his Final Ex. superseding the lights of the solicitor class by the
Public PROSECUTORS.— With all re' pecto inforın me whether leave must be obtained before he dark lanterns of the other branch? To prevent
amivation in Trinity 1808. Can any of your readers even so monstrous a possibility let the solicitors, “ J. W.M.,” who expresses his views tur per itely can now be admitted ; and, if so, will any and what and the public, who are as much interested as
and ably, I am bound to say that I disagite with description of a fidavit be required? Is it likely he will But discussion, and the ex.
bave to pass another examination, not having been any in the suppression of unjust and injurious his conclusions. monopoly, arouse themselves, and the consuma pression of opposite opinions, are very saiutary, employed in anything but the law at intervals sivce his
Spes. tion of so flagranta scheme will be impossible. and help to a correct decision. I do not think passing in 1863 ? March 4, 1872.
that the Clerk to the Justices is the proper person 119. Custopy OF CHILDREN.- A. dies, leiving wife
to conduct prosecutions. Of course, I lay myself and child (a minor) him surviving. A. by will appoints Law CLERKS.-Since reading the correspon.
open to the rejoinder that, not being such a clerk, B. guardian of property and child, aud C. custodian of dence of “Spes," “ liat,” “Fidelis,” and “Lex," I am taking a self-interested view; but if I had the person. Is not the wife nevertbele-s entitled to the on this subject, I have trombled in my shoes at appointment I should still think that the appoint custody of her child, and to maintenance uwtil she
attains twenty-one ?
X. X. the awful fate impending over me, as I know not ment of a public officer who should supervise crimi. what I am to do if the Law Clerks' Association nal cases when they pass out of the preliminary
Answers. (that is to be) takes to rattening, and turns me stage at the petty sessions court would be a benefit
(Q. 114.) TACKING.--Yes; upon proof of an agreement out of my present position. Perhaps some of the I think the clerk to the justices is what his name
that the deposit was originally made as security for great and important class of law clerks who wish implies, and nothing more. That is, that he is to raise their status, and, at the same time, to their officer for the purpose of taking evidence, advance was upon the understanding that deeds were to
first and subsequent advances; or that subsequent lower mine (“ Fiat” compares me to a footman; advisivg them on points of evidence and law, and be security for it.
C. but I, in happv ignorance, perchance, cannot see generally conducting the business of their court. the simile) will inforın me what I am to do for my But it seems to me a wrong thing to make him a future living and to gain experience ? They seem public prosecutor. Cases in criminal law pass
LAW SOCIETIES. to have a slight smattering of Latin, as proved by through two stages in this country, and the tirst the names they write under, so I should advise is a tentative or doubtful stage. As in that stage them to go up for the Preliminary Examination, the clerk is merely a ministerial officer and ad. MANCHESTER INCORPORATED LAW and become themselves, in time, admitted men,” viser, it seems logical that he should be in no
ASSOCIATION. that is to say if they are not too proud, or would way
connected with the ultimate develop. In presenting the 33rd annual report, yonr comconsider, by so doing, that they were lowering
ment of the
Moreover, the great mittee have the pleasure of congratulating the their status.
mass of varied business which successive Acts members upon the incorporation of the associa. ADMITTED MAN.
have heaped on the petty sessi-nal courts is quite tion under the 23rd section of the “ Companies'
enough to fill up the clerk's time, and occupy his [We can insert no further letters on this sub; thoughts with adding thereto the consideration of January 1871. The memorandum and articles of
Act 1867," which was completed on the 19th of ject. Clerks must act among themselves until criminal cases and their presentation at Assizes association (the latter embodying the rules of the they get a plan, which we shall be prepared to and Quarter Sessions. The clerk to the magis association), together with the licence of the Board make known.--Ed.]
trates ought not to be the public proso. of Trade and the certificato of incorporation, were
cutor. Make him so, and a direct interest that in printed and forwarded to every member of the Sir R. Palmer's RESOLUTIONS.—Your readers every indictable case there should be a comunittal, l association. The society now consists of 160 will have observed that Sir Roundell Palmer's follows. In this I do not mean anything offensive,
members. motion respecting the School of Law was not but in human nature there is always consciously
The annual general meeting of the members of carried, and, although I signed the petition pre- or unconscionsly a bias, and a functionary who is
the association was held on Friday the 19th Jan. pared by the Incorporated Law Society, I was brought into contact with all classes, as is the 1872, at their rooms, Cross-street Chambers, afraid the change was too great to be at once clerk to a bench of county magistrates, should Cross-street, when an account of the receipts and carrie l out. I have, however, long advocated an
hold the position of a functionary who has nothing disbursements (previously audited by two of the alteration, whereby the law should be treated as to lose or gain by the decision of his Bench. That members) was submitted and passed, and the a science and not as a mere calling for gain or the he should be paid by salary follows as a corollary officers and committee were elected for the ensuing stepping stone to position only, and now avail The fee system is one which has everything to myself , by your kind permission, of the oppor condemn and nothing to support it, and I should year. (See list on p: 21.)
The proceedings of this society for the last year tunity of making one or two suggestions through be very much surprised to find one of your were stated in the following report, which Tas your columns which may be worthy of notice numerous correspondents who could say a word in
read by the honorary secretary, and unanimously I would suggest that (at any rate for the present) its favour. In this respect I fully agree with
adopted. that the Bar, and that branch of the profession to “ A. K. Z.,” but with respect to his opinion as to
Your committee have again to report that the which I have the honour of belonging, should re
the coroner being made more useful I venture to main governel as at present, but that no one think that functionary has enough to do at present, income, and obliged them to resort to the invested
necessary expenses of the year have exceeded the should “enter for the higher branch until he and that his own court stands in need of altera
capital of the association. The treasurer's achad been "almitted” an attorney. My second tion. In conclusion, I wish to express a hope counts
, with the addition of the proceeds suggestion is, that attorneys and solicitors at prewo shall have a full discussion in your columns on
of sale of stock, show a balance in hand of sent on the rolls should have greater facilities of the public prosecutor of the future.
£20 143. 63. The amount stil. invested in Consols being “called than having to go through the
is £522 128. 3d., which, together with the sam of same course, and to spend the same time that
£37 (s. 10d. for dividends thereon, is held in trust strangers to law have to do. If the Inns THE INCORPORATED LAW Society's ExAMI. for the association. of Court will insist upon the three years NATIONS — The remarks which appeared under Among the Bills which, during the session, system being continued, and the dinners kept this head in your last number are very much to received the consideration of the committee, and hot,“ lawyers ” who enter for the Bar onght the purpose. Many years ago, when I passed' obtained the assent of Parliament, mention may to have the privilege of practising honorarium myself, I addressed a letter to the examiners, be made of the following :if thought proper in those courts in which pointing out the advantages of classifying the ('lerk of the Peace for the County of Lancaster they can at present act as advocates. When successful candidates. The prize system, "since Act (34 Vict. c. 73). – In consequence of the new in the House of Commons last year, I heard the adopted, has always seemed to me of no practical morials presented by the Incorporated Law Society present Solicitor-General say that he considered utility in this case, while it offers extra induce. of Liverpool, and by your committee, the Cha:greater facilities ought to be offered to attorneys ments to “ cram.” I have during the past ten cellor of the Duchy intro laced a Bill into the and solicitors to change into the other branch than years been brought into contact with a consider. House of Lords, which subsequently passed into those which at present exist: and in the House able number of gentlemen who have passed. A law, and provides that on a vacancy occurring in on Friday evening last week the Attorney. fair proportion of these have taken prizes, and in the office of the clerk of the peace of the counts General stated that the best way of learning more than one instance the winner has after. of Lanc s'er. the Chancellor of the Duchy shell te law was by practice. Upon this no one will wards regretted having gone in for a prizo. The appoint a lrk o the peace and two depaty I suppose join issue, and therefore it is an questions are frequently, as your correspondent clerks, amongst whom the justices are, by order
, absurdity (which jealousy alone can govern) says, practice questions--the easiest to "
to distribute the business of the office, and to fix to prevent, for a term of three years or any and the most useless; the only knowledge of the places in which the clerk and deputy clerks other term, men seeking higher honours, advo- practice worth having is that acquired in practice. are to live. cating in those courts in which they can at This sort of question is easily put, but qnections The Attorneys and Solicitors Act 1871 (34 Vict. present advocate. Number three suggestion is, founded on actual cases, such as frequently ‘urn c. 18), repeals the disqualification of attorneys, that as attorneys and solicitors can advocate now up in any varied practice, and to which solicitors, and proctors from being justices of the in almost all the courts — that is to say, the no cut and dried
be found, peace for counties, but enacts that no person County Courts, the Bankruptcy Court, the magis. would really test the candidate's grasp of shall be a justice for any county in which he prac. trates' courts, &c. -- they should also boal. principles, and power of applying them to facts. tibes as an attorney, solicitor, or proctor. lowed to allvocate in those courts in which | This sort of thing would require more lab ur from Debenture Stock Act 1871 (31 Vict. c. 27).-This counsel accept briefs from the public, namely at the examiner, and more than can be fairly ex. Act provides that where a power has beer, before the Old Bailey, &c. Fourthly. as matters at pre- pected gratuitously from busy men; the examiner the passing of the Act, or shall thereafter be, sent stand, all appointments now eligible for attor. should be paid. The whole system of “articles given to trustees or erecutors to invest trust neys should be kept exclusively for them, and in (as a compulsory system) appears to me out of funds in the mortgages or bonds of any compan; this respect I should like to see the Law Institu- date ; but I must not trespass further on your such power shall, unless the contrary is expressed tion take more active and energetic steps; and 'space.
L. Z. in the instrument creating the power, be deemed
to include a power to invest in the debenture stock favourable conditions, and with a large attendance
LEGAL OBITUARY. of such company.
of students, but as they cannot permanently The Bills of Exchange Act 1871 (34 8 33 Vict. succeed without the continued support of the
J. L. ROSS KETTLE, ESQ, c. 74) abolishes days of grace upon bills and notes
individual members of the Profession and their The late John Lucena Ross Kettle, Esq., barpayable at sight, and provides that as to stamps articled clerks, your committee again commend rister-at-law, of Lincoln's-inn, of whom we have and for all other purposes, they shall be treated them to the favour of the members of the associaalready given a short obituary memoir, was as biils and notes payable on demand. tion and of the Profession generally.
the eldest son of the late John Kettle, Esq., of By the Lodgers' Goods Protection Act (34 & The preliminary examinations of candidates Overseale, in the county of Leicester, by Clara 35 Vict. c. 79) on a declaration by the lodger that before being articled have, as usual, been held in Joanna, daughter of George Mackenzie, Esq., of the immediate tenant has no property therein, his Manchester during the past year, under the con- Redcastle, in the county of Cromarty, captain in goods are exempted from distress by the landlord, duct of members of your association, recommended H.M.'s Coth Regiment. He was born at Overfor arrears of rent due by the tenant. by the committee as local examiners.
seale in the year 1809, and was educated at Appleby Professional Remuneration.-Your committee,
Metropolitan and Provincial Law Association.- (Leicestershire), and subsequently at Shrewsbury after having carefully considered the question of This association held its annual provincial meeting School, under the late Dr. Butler, afterwards remuneration by commission or per centage, in
at Newcastle-upon-Tyne, on the 10th and 11th Bishop of Lichfield and Coventry. conveyancing transactions, and deeming such a
Oct. last. Your association was, as usual, repre. mode of payment both feasible and desirable, presented by a deputatlon. The attendance, which pared a report on the subject, to which were was numerous, comprised a large number of gen.
W. GIBSON, ESQ. appended sungested scales of charges for different tlemen from distant parts of the country. In The late William Gibson, Esq., of Rockforest, kinds of businesses. This report was printed and addition to the chairman's address, several inte. county Tipperary, a taxing master of the Court circulated among the members. The Incorporated resting papers were read, and important discus. of Chancery in Ireland, who died suddenly in Law Society and the Law Societies of Liverpool sions took place. The association was most Merrion-square, Dublin, on the 20th Feb., and Newcastle, having also proposed scales of generously entertained by the Newcastle Incorpo. in the sixty-fifth year of his age, was the eldest charges, a meeting of deputations from several rated Law Society, and it was arranged that the son of the late William Gibson, Esq., of Gaulstown provincial law societies was held in Manchester, next autumnal meeting should be held in London. and Lodge-park, county Meath (who died in 1829), at which the various scales were fully discussed, Death of Mr. Heclis.-Your committee cannot by Mary Ann, only daughter of Edward Bagnall, and some general principles settled, and the depu- close their report without recording their sense of Esq., of Hawkins-town, county Meath. He was ties of the Liverpool and Manchester societies the loss sustained by the association during the born in the year 1808, was educated at Trim in requested to endeavour to agree upon a scale; past year in the removal from amongst them of the county of Meath, and subsequently matricu. this was done, and at a subsequent meeting held the late Mr. Stephen Heelis. On learning the sad lated at Trinity College, Dublin, but left the in London, the revised scales were settled and event, your committee passed the following reso. university withont taking his degree. He was approved. These scales were then transmitted to lution : - That the committee, in expressing their admitted a solicitor in 1831, and was for many all the law societies in England, and copies of deep regret at the death of Mr. Heelis, desire to years a member of the council of the Incorporated them were also forwarded to the members of this record their sense of his many claims to the Law Society, and in 1866 he was appointed one of association, who, at a special general meeting grateful remembrance of the association, as one of the taxing masters of the Court of Chancery called for the purpose, passed a resolution approv- its active founders, twice its president, and a
in Ireland, and he held that appointment until his ing them and recommending their adoption. The member of its committee from its commencement death. Mr. Gibson, who was a magistrate and scales were also approved by the Liverpool, Bir- to the time of his death, in each of which capacities grand juror for the county of Tipperary, was twice mingham, Newcastle-on-Tyne, and Gatesbead, and he largely contributed to establish and promote married : first, in 1831, to Louisa, daughter of Worcester law societies ; and prints of them, with the influence and utility of the association. And Joshua Grant, Esq., barrister-at-law, of Dublin ; illustrative tables, were sent to every member of the committee would express their sense of the and secondly, in 1856, to Charlotte, daughter of your association. loss which in Mr. Heelis's death has been sus.
the late John Hare, Esq., of Deerpark, near The incorporated Law Society have also adopted tained, not only by the association, but by all the Cashel, county Tipperary. He has left a widow a scale, differing in many respects from that re. members of the Profession who have had an oppor. surviving, and six children. His eldest son, Mr. commended by the provincial law societies, whose tunity of appreciating his high professional William Gibson, formerly captain in the 4th joint committee have had under consideration the character, and his cordial kindness in feeling and Regiment, was born in 1836, and married in desirability of the adoption, if practicable, of a demeanour towards his professional brethren. 1863, Emily, daughter of Admiral Tucker, of uniform scale in the metropolis and the provinces. That a copy of the preceding resolution he for: Trematon, Cornwall. It only remains to add that At the annual meeting of the Metropolitan and warded to the family of Mr. Heelis, with the Mr. Gibson was buried in Mount Gerome cometery, Provincial Law Association, held at Newcastle, a sincere condolence of the committee, on the painful Dublin. paper on the two scales of charges was read by bereavement under which the family are suffering, your president, Mr. Cooper, and a resolution passed and with an intimation that it would have boen in that the paper should be communicated to all the accordance with the wish of the committeo to send The late John Lomas Cufaude, Esq., solicitor, of
J. L. CUFAUDE, ESQ. provincial law societies, requesting their views a deputation to attend the funeral, had they not upon it, and that the managing committee should ascertained that it was the desire of the family Jan., in the sixty-first year of his age, was the
Great Yarmouth, Norfolk, who died on the 28th communicate such views to the Incorporated Law that the funeral should be strictly private." Your eldest son of the late John Cufande, Esq., soliSociety, and request a conference, with a view to committee have since taken steps with a view to the adoption of uniform scales by the entire Pro- founding some permanent and appropriate memo
citor, of Halesworth, Suffolk, by Martha, daughter fession, and the sanction of such scales by legis. rial, of the esteem in which the character and born at Halesworth, on St. Paul's Day, in the
of John Lomas, Esq., of Cobham, Kent. He was lation, or rules and orders.
services of Mr. Heelis are held by the legal pro- year 1811, and educated at Queen Elizabeth's The subjects of taxation of costs as between fession in Manchester and Salford. party and party, and of increased remuneration
Grammar School, at Ipswich. . Admitted a soli. for time, having been considered by the joint com.
citor in Michaelmas Term 1835, he was appointed mitt of provincial law societies, an interview
Clerk to the Board of Guardians, &c., for the
ARTICLED CLERKS' SOCIETY. was obtained with the Lord Chancellor, when the A MEETING of this Society was held at Clement's received the appointment of Clerk of the Peace
borough of Great Yarmouth in 1837. In 1847 he statement contained in the appendix, which had inn Hall, on Wednesday, the 13th March inst., for that borough, and in the same year he was been previonsly prepared by the deputies, was Mr. H. Lewis Arnold in the chair, Mr. Debney, also appointed Clerk to the Visiting Justices, the read to his Lordship. A copy of the Lord Chan. opened the subject for the evening's debate, viz. :) duties of which office he fulfilled down to the time cellor's reply is also set out in the appendix. That the recent appointment of Sir Robert of his death. Mr. Cufaude married, in 1853, Mari. Legal Education.- In the early part of the year Collier is to be condemned.” The motion was
anne, daughter of the late Thomas E. Clarke, Esq., your president, along with the representatives of carried nem. con.
but has left no issne. The remains of the deceased other provincial societies, had an interview with
gentleman were interred in the cemetery at Great the council of the Incorporated Law Society, with
Yarmouth. a view to secure the support of that body to the
HULL LAW STUDENTS' SOCIETY. proposals of the Legal Education Association for An ordinary meeting of this society was held at the foundation of a General School of Law. At the the Law Library, Parliament-street, on Tuesday
MR. SERJEANT PAYNE. general meetings of the Incorporated Law Society evening last, H. Sharp, Esq., solicitor, in the chair. The late William Payne, Esq., serjeant-at-law, subsequently held to consider the question, reso. There was a very large attendance of members who died, after a brief illness, at his residence lutions expressing a general approval of the present. The moot point was, “ Taking into con
in Brunswick-square, on the 25th Feb., in the scheme were adopted by a large majority. The sideration the modern tendency of the courts, can
seventy-third year of his age, was the youngest proposals of the Legal Education Association a nursery man who has erected a greenhouse (with son of the late William Payne, Esq., by Jane, were afterwards brought forward by Sir Roundell ont consent), with a substantial foundation, on daughter of Lucy Berry, a descerdant of the Palmer, in the form of resolutions, in the House land held under a lease for years, remove it on Lord Protector. He was born in the year 1799, of Commons, but owing to the late period of the quitting.” Mr. Spink and Mr. Jacobs argued in and was called to the Bar at Gray’s-inn in 1843. session and the pressure of business, the resolu- the affirmative, and Mr. Pearce and Mr. Hall in Ho was appointed coroner of London in 1829, tions were withdrawn without a division. The the negative. After a lengthy discussion the point and was elected high steward of Southwark and subject will no doubt be renewed in the coming was decided in the affirmative by a majority of judge of the Borough Court of Record in 1850. session.
two. Three gentlemen were proposed and ad. He was created a serjeant-at-law in 1858, when Lav Lectures.-A scheme for establishing an mitted members of the society.
he became a member of Serjeants'.inn. Mr. improved course of law lectures, in connection
Payne was a magistrate for the counties of with the Owen's College, having been sub.nitted
Middlesex and Westminster, a commissioner of to your committee, they cordially approved and
taxes for London, Middlesex, and Surrey, and a recommended the proposal, and raised among the For The BENEFIT OF WIDOWS AND FAMILIES governor of St. Bartholomew's Hospital. The Profession a guarantee fund of sufficient amount OF ATTORNEYS, SOLICITORS, AND PROCTORS IN fainily of the deceased gentleman was formerly to protect the college from loss during the term of THE METROPOLIS AND VICINITY.
resident at Bexley, in Kent, as appears by the five years, which was considered requisito to Ar the monthly meeting of the directors, held at records of burials and monumental inscriptions ascertain the result of the experiment. The task the Hall of the Incorporated Law Society on from the year 1597. One of the paternal ances. of carrying out the scheme has devolved upon Dr. Thursday the 7th inst., the following being pre- tors accompanied King William III. from Holland Bryce, the Regius Professor of Jurisprudence at sent, viz. : - Mr. Desborough (chairman), Mr. to this country. The late Serjeant Payne was a the University of Oxford, who is assisted by other Carpenter, Mr. Sidney Smith, Mr. Tylee, Mr. brother of the well known Judge Payne, whose gentlemen of acknowledged eminence and ability. Whyte, Mr. Williamson, and Mr. Bootle (secre- death a short time ago deprived the poor of An opportunity of becoming acquainted with the tary). "An application from a member's widow London, and more especially the children of the lecturers, and hearing a statement of their views, was brought forward but not considered to come Ragged Schools, of one of their warmest friends. was kindly afforded to the legal profession by the within the rules, regard being had to the amount The deceased gentleman married, in 1821, Kezia, college authorities, on the occasions of the of the income possessed by the applicant. A daughter of Mr. Temple, of Dulwich-grove, by inaugural lecture delivered by Professor Bryce, liberal grant was made to the widow of a non- whom, who died in 1851, he has left issue. His and of a soirée subsequently held at the college. member. Two new members were elected, and son, Mr. William John Payne, a barrister-at-law The lectures have been commenced under most' the general business was transacted.
on the Norfolk Circuit, is recorder of Bucking