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the confidence of all, the respect and esteem of all, to the same extent that they were borne away by Mr. Laycock.

rity whatever to interfere in the taxation of costs;
and it seemed really to him to be a question be-
tween themselves, the Treasury, and the Town
Council of Nottingham. If they liked to allow
the Town Council a certain proportion of the
costs of prosecutions, they could do so, and the
Town Council would receive it; but he could not
see any reason why the allowance should be reduced
to one guinea in the case of ordinary prosecutions;
and unless the court should direct him (the Clerk of
the Peace) that he ought to reduce the costs of all
such cases, his present intention was still to allow
two guineas as being a moderate amount and a
fair remuneration, which, indeed, had been allowed
for fifty years past.

Mr. J. Sykes, in reply, most sincerely thanked
the Bench for the high honour they had conferred
upon him by appointing him their clerk. No
greater honour could befall any man than to have
succeeded a gentleman of the high reputation held
by the late clerk, who, for more than half a cen-
tury, had set an example of everything that was
honourable in a professional man. For very many
years Mr. Laycock had been the able guide of that
Bench; and in guiding the Bench, the Profession
universally received the greatest kindness at his
hands, and the public the same; indeed everybody,
with whom he came into contact, received uniform The RECORDER said he feared it was a case in
courtesy at his hands. When he saw around him which he could not render any assistance, and he
his professional brethren, he did feel greatly gratiinust leave it to the discretion of the Clerk of the
fied and encouraged; and to know that he had Peace. It appeared that the scale of costs had
their respect was to him beyond all praise. been laid down by Act of Parliament, and sub-
(Applause.) He owed Mr. Learoyd a public debt of mitted for the approbation of the senior judge of
gratitude, and he would pay it now. He was a assize; he (the Recorder) had no power to vary
gentleman who would have aspired to the office he it in any way; and, on the other hand, he had no
had now the honour of filling; but he most kindly power to interfere with the treasurer.
declined, if he (Mr. Sykes) would come forward; The Clerk of the Peace said then it must rest
and he felt that to be a great compliment indeed, with the taxing officer; only it placed him in this
coming from him than whom no man had higher position, both with the Treasury and the Town
pretensions to the office. Then he had experienced Council, that they would wonder why he should
a similar kindness to him by his friend, Mr. continue to make allowances which were systema-
Barber, in another direction; and from Mr. tically disallowed by the former.
Jacomb, the same kindness to a considerable ex-
tent. All this showed to him that he had at any
rate the approval of his professional brethren.
Ho again thanked the Bench for having appointed
him their clerk, and his professional brethren for
their congratulations; and he repeated that it
would ever be his aim to conduct the business of
the court with impartiality. He concluded by
saying that it was very valuable indeed for him to
have the opportunity of referring to the late
clerk, in doubtful cases-regarding it as a very
great privilege to have such a course opened to


The ordinary business of the court was then proceeded with.


Thursday, Feb. 29.
(Before R. WILDMAN, Esq., Recorder.)
Attorneys' Fees for Prosecutions.

A. Wells, Clerk of the Peace, addressing the

The RECORDER presumed that the scale was allowed that was approved by Mr. Baron Alderson. He had no power to vary that scale. Belk (attorney) said he know did not whether he was out of order in addressing the learned Recorder, but he wished to say that he certainly thought it desirable to have an expression of the Recorder's opinion as to the remuneration given to the attorneys. He might say that in one of the cases to be tried that day, he had written six letters, for which he got no remuneration at all. Some cases, it was true, did not entail so much trouble in the direction as others; but really theirs was the worst paid professional business, and if the Treasury persisted in allowing the attorneys only one guinea for getting up a brief, attending witnesses, and looking up previous convictions in order to present a successful prosecution before the court, they should cer tainly retire from the business altogether. He did not think there was a gentleman holding the distinguished position of the learned Recorder that hid had a more extensive experience; and Recorder, said he wished to draw the attention of therefore an expression of his opinion on the matter 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 sions. For some time past the Treasury had dis- Queen's Bench had been expressed in stronger allowed a portion of the costs allowed for prosecu- terms than he would venture to use. He had tions in that court, as well as in many others. already remarked, upon the scale, that he thought About two sessions ago, he received an intimation it was too low; and Baron Alderson's remark, from the Clerk of the Treasury that in all ordi- as far as he could remember, was, not that it was nary cases of prosecution the attorneys prosecu- too low, but that it was a matter of only small imting should not be allowed more than one guinea portance. His own opinion was that the scale for the whole of the work of getting up a case and which had been acted upon ever since must still defending in court. But the Treasury did not be acted upon until it was changed by some higher define the cases, but left it to the option of the power. Whether the Treasury had the power to court. He, therefore, had taken no notice of the do so or not, he did not know. intimation, inasmuch also as he did not conceive, that two guineas was an unreasonable remuneration. At the last session, when the accounts were sent up, the Treasury, in a communication to the town clerk, disallowed the whole of the second guinea which had been allowed to the attorneys, and it was sent down to him (the Clerk of the Peace) with an instruction that in all cases where there were not more than five witnesses only one guinea should be allowed to the attorneys. So that the Treasury had now laid something down definitely to go by, as to what minor cases and cases of more importance were. He could not see his way clear as Clerk of the Peace, unless he had an especial order of the court, to disallow the attorney the second guinea, for he felt that two guineas was not an extravagant allowance to an attorney for getting up a case, delivering a brief, seeing witnesses, &c., nor did he think they could get a respectable attorney to do the work for a less sum. He had not learned, in looking over the proceedings in late cases before the Court of Queen's Bench, that the Treasury had any autho

Belk asked if the Recorder still held that view. The RECORDER said he had nothing more to add. Cranch (attorney) asked if the learned Recorder was aware that in some cases at Derby the scale had been increased, not exactly so far as the attorneys were concerned, but in allowing two guineas instead of one guinea, for counsel.

The RECORDER said that had always been the case at Lincoln. He scarcely knew what was done in county sessional courts in the matter; and he thought that could only be done in borough sessions by the authority of the Senior Judge of Assize. He did not, however, think the Senior Judge of Assize would now increase the scale.

Cranch repeated that what the attorneys were
complaining about was the reduction to one
guinea for doing the whole of the work of a

The RECORDER said the administration of justice
was a proper subject for consideration, and it
must be considered by those who administered it
with a view to proper economy.
The subject then lapsed.

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NOTES OF NEW DECISIONS. TITHES-MODUS-CONVERSION INTO TILLAGE. Before the Tithe Commutation Act 1836, an award was made under certain Enclosure Acts, by which the tithes of the land in which the plaintiff was a landowner, and the defendant the rector, were commuted. By this award a yearly modus payable in lieu of hay and adjustment tithe payment, and also larger sums to be paid yearly for the same lands when occupied by non-resident or converted into "tillage," were fixed by the commissioner. A house had since been built upon a portion of a field of the plaintiff mentioned in the award, and a further portion to the extent of 22 perches was converted into garden ground, and the remainder of the field made into an orchard. The defendant put in a distress for the larger sum fixed by the award to be paid for this field, on the ground that part of it had been converted into "tillage." Held by the Court of Exchequer Chamber (Cockburn, C.J., Blackburn and Mellor, JJ., Channell, Pigott, and Cleasby, BB.), affirming the decision of the Court of Common Pleas, that the garden ground and orchard being accessories to the house, there had been no conversion into tillage:" (Vigar v. Dudman, 26 L. T. Rep. N. S. 76. Ex. Ch.)

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PURCHASE-MONEY.-Money paid into court by a
taken by them for the purposes of their under-
railway company for certain leasehold premises
interested, ordered to be invested in freehold
taking was, on the petition of all the parties
premises, and notwithstanding the company had
paid the costs of a previous reinvestment, they
Estate, 25 L. T. Rep. N. S 12.
were ordered to pay the costs: (Re Parker's
V.C. B.)

claimed land adjoining land of his own and the
defendants' railway, which had been acquired by
the defendants for the purposes of their Acts
of Parliament. This land had been used by
the defendants for the deposit of chalk and
spoil, which had been taken from a neighbouring
cutting: but before ten years had elapsed from
the time fixed for the completion of the works,
and up to the present time, the surface of this
deposit, together with the land not covered, was
By a private Act passed subsequently to the ten
used for gardens and let for hire by the company.
years from the completion of the works, it was
provided that the defendants might retain and
hold any lands belonging to them, which had not
yet been applied to the purposes of the company,
for the period of ten years after the passing of
that Act: Held, that this was superfluous land
within the meaning of sect. 127 of the Lands
Clanses Consolidation Act 1845, although it had
been used for the purposes of the company since
they had acquired it; and that the plaintiff was
entitled to the land, although he had taken no
step to acquire possession before the extension
of the prescribed time by subsequent legislation:
(May v. The Great Western Railway Company, 26
L. T. Rep. N. S. 17. Q. B.)


THE NUMBER OF ADVERTISEMENTS IN POPULAR PAPERS. The Philadelphia Public Ledger which claims to have "indisputably the largest circulation of any daily paper in America. perhaps in the world," boasts that "on a recent Saturday it had more than 1700 advertisements." According to the published statements of the Clerkpro-enwell News that paper had in one week 15,000 advertisements (which is an average of 2500 per issue), showing an excess of several thousands over every other paper." The largest number of advertisements that we recollect having ever seen in the Times was about 1800, in the Daily Telegraph about 1700, and in the Standard about 800. These figures, great as they are, are completely put in the shade by those of the Exchange and Mart of March 6, which contained the extraordinary number of 4003 advertisements, being probably the largest number that has ever appeared in one copy of any journal since the invention of newspapers. This will be seen to be the more remarkable when it is considered that the advertisements were entirely from private persous.

Clerk of the Peace.

J. Taylor.
S. Sanderson.

J. Gordon.

J. Trevor.
H. T. Sankey.
J. H. Barker.
E. Titchener.
E. Drew.
C. Bulmer.

P. H. Elin. Esq., Q C.

14 days...

J. Deedes, Esq.

J. Johnes, Esq...

10 days

J. J. Johuson, Esq., Q.C.

10 days

J. Deedes, Esq.......

2 days

J. B. Maule, Esq., Q.C..

10 days

T. C.S. Kyunersley, Esq.

3 days

J. W. Ward.

Saturday, March 16..

J. R. Kenyon, Esq., Q.C.

14 days

F. Barrow, Esq.

8 days

W. F. F. Boughey, Esq.

14 days

J. Fallon, Esq.

14 days

T. S. Pritchard, Esq.

11 days

J. Catterall, Esq.

W. Winterbotham
G. Potts.
T. Heald.

Monday, April 8
Monday, March 18
Tuesday, March 26
Wednesday, March 20..

Wednesday, May 1

W. I. Bull.
W. W. Hayward.
R. Clarke.

EPPS'S CHOCOLATE.-"Nous n'avons en France qu'une seule using où la préparation du Cacao emploie un matériel et un personnel aussi considérables que ceux que nous avons vus dans l'usine de Messieurs Epps C'est une véritable curiosité dans son geure que cette immense fabrique."-La Situation (the Imperialist organ). The wrapper of each cake of Chocolate is labelled "JAMES EPPS & Co., Homeopathic Chemists, London." Also, makers of Epps s Milky Chocolate (Chocolate and Condensed Milk).


NOTES OF NEW DECISIONS. CHARITY-LEGACIES-DOCTRINE OF cyrèsTRUSTS UNASCERTAINABLE.-Testatrix by her will bequeathed her residuary personal estate to trustees upon trust to be applied in aid of erecting or of endowing an additional church at A.” Neither at the date of the testatrix's will, nor at the time of her death, was there any church answering the description of an additional church at A., either in existence or about to be erected: Held, that "additional church" was not limited to a church added between the dates of the will and the death of the testatrix. A bequest for the endowment of a future church is a good charitable gift; and also having regard to the Church Building Act (43 Geo. 3, c. 103), bv which testators are enabled to give not exceeding £500, or five acres of land for church building purposes, and to the alternative power given by the will to the executors of applying the fund in aid of erecting or of nd wing an additional church, £500 of mixed personalty might be applied in building an additional church, and the wh le of the pure personalty in endowing it. An inquiry directed whether the fund or any part thereof could be laid out or employed in aid of erecting or endowing an additional church at A. Quare. whether the doctrine of cy près applies where there has been a gift to a particular object which fails: (Sinnett v. Herbert, 26 I. T. Rep. N. S 7. L. C.)

WILLS ACT, s. 27-POWER OF APPOINTMENT, IF EXERCISED BY RESIDUARY GIFT-WILL MADE BEFORE WILLS ACT.-A.. being entitled under B.'s will to a considerable sum of personalty, settled thereout £3000 on the marriage of his daughter; and on his own second marriage, in Oc'. 1823, he settled thereont a further sum of £2500 on his wife for life, with remainder to the children of the marriage; and in default of issue, it was declared that the trustees should, after the decease of the survivor of the husband and wife, pay the money to such persons as A. should appoint by will, and in default of appointme it to such persons as should then be the next of kin of A., according to the statute. A. made his will in April 1824, and, after reciting that under B.'s will he was entitled to considerable sums of personalty, and that he had settled £3000, part thereof, upon his daughter, and £2500 other part thereof, upon his wife upon his marriage, the testator ratified and confirmed the settlements made by him upon his daughter and his wife, and as to all the residue and remainder of the moneys to which he was entitled under B.'s will, he gave them upon trusts under which his wife eventually became entitled. The testator died in 1829, and his wife died in 1869 Held, under the above circumstances, that the test for had not, by the residuary gift in his will, exercised the power of appointment conferred on him by the settlement; and that the sum of £2500 went, as in default of appointment, to A.'s next of kin, who were to be ascertained at the eth of his wife: (Re Bringle's Trusts, 26 L. T. Rep. N. S. 58. V.C. M.)


NOTES OF NEW DECISIONS. NECESSARIES-MATERIAL MEN-MORTGAGE PRIORITY-MARITIME LIEN.-Material men supplying necessaries in England to a British or British-colonial vessel do not, under the Admiralty Court Act 1861 (24 Vict. c. 10), s. 5, acquire a maritime lien upon the ship. The ship does not become chargeable with the necessaries supplied until actually arrested by the Court of Admiralty. All valid charges on the ship, to which any person, other than the owner of the ship personally liable for the necessaries, is entitled, take precedence over claims for necessaries. A mortgagee, therefore, is entitled to priority over material men. Semble, a British ship in the hands of third par ties, to whom she has been duly sold by the owner, who is liable for the necessaries supplied, cannot be made chargeable for those necessaries under this section. Semble, a maritime lien is given by 3 & 4 Vict. c. 65, s. 6, for necessaries supplied in England to foreign ships: (The Two Ellens, 26 L. T. Rep. N. S. 1. Adm.). NON-DELIVERY OF CARGO DEVIATION DELAY-OUTBREAK OF WAR-PORT NAMED UNSAFE-DUTY OF CONSIGNEE-CHARTER-PARTY— PAYMENT OF FREIGHT.-War may exist de facto without a declaration, but only where there is an actual commencement of hostilities. A master, on the receipt of credible information that his vessel will be exposed to imminent peril by continuing his voyage, is justified in deviating or pausing for a reasonable time to avoid that peril, or to make inquiries. To justify a master in so pansing or deviating it is not necessary that the ship and cargo should run a common risk from the peril.

Where a charter-party stipulates that a ca go is to be delivered at one of several safe ports as ordered by the consignees, and it becomes impossible, by the outbreak of war, after an order is given, to deliver at the port named, and the master, without committing a breach of contract, pits into another port within the charter, he is entitled to a new order, and is not bound to deliver there without payment of full freight. A Prussian vessel shipped a cargo of nitrate of soda (contraband of war) under a charter-party by which she was to proceed to C. C. or F. for orders, at the option of the master, where he was to receive orders to proceed to any one safe port in Great Britain, or on the continent between Havre and Hamburga, both included, and there deliver the the master received orders cargo. The vessel duly called at F., on July 10th; Dunkirk, a French port, for which he at once set on July 11th for sail. On July 16th, off Dunkirk. he was informed by a French pilot in official uniform that war had ben declared. The master thereupon put back to the Downs to make inquiries, and arrived there information; he was ordered by his owner not to on July 17th, a Sunday, and could get no further go to Dunkirk, and on July 19th put into Dover. On July 19th war was actually declared by the French against Prussia. On July 23rd, the master refused to go to Dunkirk. On Aug. 1st, the consignees demanded the cargo at Dover without offering freight, but the master refused unless paid freight: Held (affirming the decision of the Admiralty Court) that, as it would have been illegal and dangerous to go into Dunkirk if war had actually existed, the master was, upon the information received, justified in putting back to the Downs to make inquiries, and that the time occupied before the declaration in making those inquiries was a reasonable time, and that upon the declaration of war, the master was not bound to proceed to Dunkirk: Held also, that, as there into Dunkirk in the first instance, the case was was no improper deviation or delay in not putting the same as if war had broken out when the vessel first arrived off Dunkirk, and, there being no breach in putting into Dover, the contract was not, under this charter-party, impossible of performance, or dissolved by the outbreak of war, but was capable of being substantially performed; that the consignees, as they had demanded possession at Dover (a port within the charter), were not entitled to delivery except on payment of full freight: (The Teutonia, 26 L. T. Rep. N. S. 43. Priv. Co.)

NAVAL SERVICE-TOWING A PRIZE OF WARprize crew after capture to take charge of and FOREIGN ENLISTMENT ACT.-The detaching a to bring a prize and its native crew as prisoners of war safely to a port of the captors, is essentially lawful capture by a belligerent vessel, and whilst a warlike naval operation. A merchantman, on held by a naval prize crew detached from that vessel, is in the actual possession of the Government of her captors. Her prize crew are still part of the crew of the belligerent vessel, share in captures made by that vessel, and may make lawful captures whilst on board the prize. The prize, therefore, ceases to be a merchantman, and becomes a vessel engaged in the naval operations of her captors. A British steamtug was sent by her owners, Her Majesty being neutral, to tow such a vessel from British waters to the waters of her captors, the tug owners knowing that she was a prize; the tug performed the towage service Held (reversing the judgment of the Admiralty Court), that the towing was assisting in a warlike naval operation, and that the sending the tug for that purpose was a despatching for the purpose of taking part in the naval service of a belligerent within the meaning of the Foreign En listment Act 1870 (33 & 31 Vict. c. 90), s. 8, subsect. 4, and that the tug was therefore forfeited to the Crown. Where an offence is brought within the words and within the spirit of a penal statute, that statute must be construed like any other instrument, according to the fair common sense meaning of the language used; and a court is not to find any doubt or ambiguity in the language of a penal statute, where such doubt or ambiguity would clearly not be found in the same language in any other instrument. Quare, can the Crown be condemned in or receive costs in such a suit? (The Gauntlet, 26 L. T. Rep. N. S. 45. Priv. Co.)



Saturday, Feb. 24.
(Before R. KETTLE, Esq., Judge.)

Principal and agent-Receipt of agent. THE plaintiffs, Messrs. Fardon and Co., manure manufacturers, of Droitwich, sued Mr. Edwards, a farmer and landowner, living near Tenbury, for £16, the price of two tons of seed manure, ordered through a man named Price, the agent of the plaintiff's, and supplied in 1869. The defen

dant pleaded in defence that he paid Price (who was admitted to be the duly authorised agent of the plaintiffs), before he had received notice from the principals not to do so, and he produced in support of his statement an invoice duly receipted by Price, the agent, and admitted to be in his handwriting. This invoice, however, it appeared on inspection, was made out on a bill head of Price's, and apparently as if he himself had supplied the goods as principal, and not as the agent of Messrs. Fardon and Co.; and his Honour held that under these circumstances the money was paid to Price, not as the agent of Messrs. Fardon and Co., but as principal, and therefore the payment was no defence to the action, and that. in the face of this receipt, it was in vain for the defendant to coutend that the payment was made to Price as agent. Price having absconded, Mr. Edwards had thus to pay the value of the manure over again, and also the cost of the action. It will be seen, therefore, that in taking a receipt from an agent, as such, particular care should be taken that the receipt is given on an invoice of the principal, and not of the agent; and that it would be better not to take any receipt at all than to take one which would seem to show that the agent was treated as being himself the principal.

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Friday, March 8.

(Before Mr. Serjt. WHEELER, LL.D., Judge) Ex parte ALTGELDT AND OTHERS; Re DOUGLAS. Bankruptcy Act 1861-Right of double proof. Any case pending when the B.A. 1869 came into effect must be administered according to the law in force when the proceedings were instituted; but the procedure provided by the present Act can be called in aid to carry out that low. A sole trader in Liverpool, under a particular style, carrying on business solely in Brazil under another style, who gave a creditor bills upon his Bahia firm accepted by his Liverpool firm: Held liable to the creditor for proof of debt upon the estates at B. hia as well as Liverpool. The caseof Goldsmid . Cazenove (29 L. J. 18, Bank. Cas.) distinguished.

THIS was a motion to allow creditors to prove against their debtor's estate both at Liverpool and Bahia, where he carried on distinct businesses under different styles. The argument of the learned counsel are fully set forth in the following. an application

His HONOUR said: This was

by Messrs. admitted to prove and rank as creditors under this assignment. Mr. Cobbett, of Manchester, appeared in support of the motion; Mr. Shipman, of that city, against it. The material facts are these. Mr. Douglas carried on business of a merchant in Liverpool, under the style or firm of Douglas and Co., and he at the same time carried on a similar business in Bahia, under the style or firm of Douglas, Latham, and Co. It does not appear that Messrs. Altgeldt and Behrens, at the time of the transaction now in question, were aware that Mr. Douglas had, in fact, no partners in Bahia, and that the business there, like the business in Liverpool, was exclusively his. Between the 3rd Feb. and the 6th March 1869, those gentlemen sold to the Liverpool firm goods amounting to £1900, and took the acceptances of that firm for those goods. Whilst the bills were running, Mr. Douglas applied to Messrs. Altgeldt and Behrens to renew them when at maturity; but Messrs. Altgeldt and Behrens objected to do so unless the Liverpool firm procurred an additional name to the renewed bills. Douglas and Co. subsequently offered to Messrs. Altgeldt and Behrens the name of the Bahia firm of Douglas, Latham, and Co., by way of additional security, and this offer was accepted. Therefore, on the maturity of the bills, renewed bills were given drawn in the name of the Bahia firm of Douglas, Latham, and Co., upon, and ac cepted by, the Liverpool firm of Douglas and Co. On the 14th Dec. 1869, Douglas and Co., of Liverpool (Mr. Douglas, in fact), executed an assignment for the benefit of creditors, and that deed was duly registered on the 30th of that month under the provisions of the Bankruptcy Act 1861. The trustees thereupon took posses sion of and realised the entire estate and effects of the firm in Liverpool, and the pro ceeds-amounting it is said, to some thousands of pounds-were placed and now remain in a

Altgeldt and Behrens to be

Manchester bank. It would seem that, according to the Brazilian law, in the case of a debtor in Bahia becoming insolvent, his estate and effects are administered under a concordata or agreement with his creditors, and this has been done in the case of the Bahia firm of Douglas, Latham and Co. It is stated that the creditors of the Liverpool firm of Douglas and Co. were not admitted to a share in the estate; but Messrs. Altgeldt and Behrens having a claim upon the firm of Douglas, Latham, and Co., as drawers of the dishonoured bills of exchange, were admitted as creditors and received their rateable dividend with the other Bahian creditors. That dividend amounted to £285. Messrs. Altgeldt and Behrens now seek to prove and receive dividend in England, grounding their claim upon the fact that they had the distinct and separate security of the Liverpool firm of Douglas and Co, in addition to the security of the firm of Douglas, Latham, and Co., of Bahia. The trustees deny the right of Messrs. Altgeldt and Behrens to rank as creditors on the Liverpool estate, and contend that although those gentlemen might have proved either on the estate in Bahia or on that in Liverpool, they cannot prove on both, and that, having elected, they are bound by such election. Now, it must be remembered, that there is in this case in fact only one trader, though he trades in two countries and under different partnership houses or firms. There is, therefore, only one estate to be administered, and each creditor is, according to the law of bankruptcy in this country, entitled to his distribution share of the estate, wherever situate. Prior to the Bankruptcy Act 1861, various questions arose as to what was called the right of double proof, and in the case of Goldsmid and others v. Cazenove and others (29 L. J. 18, Bank. Cas.), which was decided in the House of Lords in the year 1860, it was held that there were two firms, one consisting of two individuals,

and the other of the same individuals and of a third, and they had mutual dealings and drew bills on each other, if a bankruptcy occurred the holders of their bills were not entitled to prove under both bankruptcies. This case was followed by others in which the doctrine laid down was approved, and the result was that in the Bankruptcy Act 1861 a clause was inserted (sect. 152) enabling proof to be made in respect of distinct contracts against distinct firms, being common traders, or a firm and one of its members carrying on distinct trades and having distinct estates. The principle thus sanctioned, which was limited to bills of exchange and promissory notes, has been extended, under the Act of 1869, to all cases of contracts. If this case be dependent at all upon the special provisions of the Bankruptcy Acts, the Act of 1861 is that by which it must be governed, as the assignment was executed and registered under that Act. But it appears to me that, although in the discussion of this case it has been dealt with by the learned advocates on both sides as a case of double proof, it cannot correctly be so called, for that term applies to proofs on distinct estates, whereas here there is only one estate to be administered, and only one debtor-William Douglas-part of his estate being in England and another part in Bahia. The English bankruptcy process, it seemed, did not reach the Bahia property, and, in order to reach it, it became necessary that a separate and independent process of winding-up- -a concordata-should be resorted to; but that fact does not, as it appears to me, alter the nature of the liability of the debtor or affect the right of the creditor to his distributive portion of the assets, wherever those assets may be. But if it be otherwise, and if this case is to be dealt with, as it was contended before me it must be, as ranging under the section of the Bankruptcy Act of 1861, to which I have referred, on the ground that there are two distinct estates to be administered,-now, inasmuch as before the renewed bills were given it was expressly stipulated on the condition on which Messrs. Altgeldt and Behrens consented to renew them that they should be in the names of the Bahia firm as well as of the Liverpool firm, so as in fact to give a distinct remedy as against each, those gentlemen are entitled, in my judgment, to come in as creditors of the Liverpool firm, although they have been paid a dividend from the Bahia firm. And with respect to the amount for which they are to rank as creditors upon the Liverpool firm, that, as it appears to me, must be the amount for which they were creditors at the time the assignment of the 14th Dec., 1869, took effect namely, at the date of registration, for that date is equivalent to an adjudication in bankruptcy. Of course, however, it is the duty of the trustee in any such case to see that the creditors ranking upon the two estates do not receive in respect of their debts, from whatever sources, more than the full amount of them. What I have now said disposes of the several questions raised before me. As to the residue of the motion, the questions involved in it were not discussed, and I make no order. The costs of both parties to come out of the estate. Order as prayed.


Mr. J. S. T. Greene has tendered his resignation as a judge of the County Court for the district comprising Bolton, Bury, Wigan, and Leigh. Mr. Greene, who is between sixty and seventy years of age, has resigned on account of failing health. COUNTY COURT JUDGESHIPS AND THE BANKRUPTCY LAW.-On Wednesday a deputation from Manchester, accompanied by Sir Thomas Bazley, M.P., Mr. Hugh Birley, Mr. W. F. Charley, M.P. and the Hon. Algernon Egerton, M.P., had an interview with the Lord Chancellor on the subject of the proposed changes in the administration of the Manchester County Court business, when matters connected with bankruptcy and other subjects were discussed. The deputation, which included members of the Corporation of Manchester, of the Manchester Chamber of Commerce, and of the Manchester Guardian Society for the Protection of Trade, pointed out the great inconveniences suffered by traders in consequence of the Chief Judge in Bankruptcy, Vice-Chancellor Bacou, sitting one day a week only. The Lord Chancellor, in reply, said that it would be very desirable if the Chief Judge could give more time to bankruptcy business than he was now able to do, and he hoped that when Parliament passed a measure founded on the report of the Judicature Commission (and if not this year he hoped it would not be later than next), the present grievance would be remedied; that matter, as well as County Court Judgeships, had to be dealt with in contemplation of legislation upon the report referred to. It must be borne in mind that the Bankruptcy Act was itself a new measure, and it would require some little time to know exactly the details of the machinery in order to put it into operation. One feature of the measure had been to a large extent set aside by a practice on the part of creditors which he very strongly condemned. Under the old law there were about 13,000 bankruptcy cases in the course of the year, and the number in which any debts were paid was not more than 2,000. This was very discreditable to the commercial community, and it was with a view to amend it that the clause was introduced by which no bankrupt could pass the court unless he had paid 10s. in the pound, save by the consent of his creditors. Creditors had, however, accepted much smaller sums in too many instances; and, in fact, it seemed almost a rule to take 2s. 6d. or 5s. in the pound. His lordship intimated to the deputation that in consequence of the arrangements which had now been made to amalgamate the courts of Manchester and Salford it would be unnecessary to transfer Mr. Russell, Q.C., to the Liverpool court. Mr. Russell had expressed his willingness to undertake the duties of the amalgamated court, and there was a general desire on the part of the inhabitants of the district that he should remain in his present office. The posed alterations in Lancashire would have the following result:- A new judge would be appointed for Liverpool in the place of the judge who would resign; Wigan and Leigh would be added to Mr. Harding's district, and Bolton and Bury to Mr. Osborne's district. These changes will do away with the necessity of the appointment of an additional judge whose office has recently fallen vacant.



to apply. I have known cases where these deeds have been missing for years, and were only discovered after much trouble and injury. In one of these cases, the trustees never transferred the stock from the name of the life-tenant, into their names as they ought. In another case no clauses were inserted in favour of children although a considerable amount of stock was invested to secure an annuity for the wife. Several children were born and became adults, who might have been prejudiced seriously if the husband had not succeeded in his business. It merits notice that a trustee must disclaim by deed to be absolutely released, although he may not have executed the trust-deed. In a case within my knowledge, counsel recommended this course which was effected by indorsement on the trust-deed although the trustee had not acted in the trust in any manner, and had merely in a note to the cestui que trust agreed to act as trustee. I recollect a case where a husband strenuously objected to discharge the costs of his marriage settlement prepared by the solicitor of his wife, a minor, but counsel decided against him, and, I believe properly so, although it seems hard that in such a case the husband must pay his own solicitor also. Few trustees read marriage settlements personally, but it is not so always, for I have known cases where surprise has been shown, and even offence caused, by a trustee making this reasonable requisition. But, if contemplated, the step should be taken some time before the execution of the deed so as to prevent unpleasant discussion at an inopportune time. In fact the responsibility should be clearly comprehended by all parties before the engrossment of the draft.


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JUDICATURE COMMISSION.-Having read the resolutions of the commissioners, printed in your issue of the 17th ult., and the letter of A Regis. trar of County Courts," in your last number, I am induced to make some observations upon the subject so far as it relates to County Courts. (1) That a reduction of the number of courts, and, of necessity, registrars, by the judicious consolidation of the smallest courts to the nearest larger ones, would be a great saving of expense to the Govern

ment without serious inconvenience to the suitors, may be admitted, but it is scarcely believed that the superseded registrars would be so unjustly dealt with as not to receive some reasonable compensation for the loss of their appointments. To abolish the offices without some recompense would violate all precedent and usage, and be a measure of great injustice. It should also be remembered that the principal advantage of a County Court is its vicinity to the suitors, and that a sweeping measure of consolidation would destroy most of the benefits of local courts, and it might be just as well-and be a great saving of public money-to do away with the County Courts, and add their pro-jurisdiction to that of the proposed provincial Superior Courts. The costs of the present Superior Courts are not occasioned so much by the preliminary proceedings as by the solicitors and witnesses attending at the assizes, possibly for several days, and the consequent heavy disburse ments in travelling and hotel expenses, and fees to counsel and the court. No tribunal can avert this except a local court of limited jurisdiction, and the present County Court answers this purpose admirably by its proximity to the suitors. To unite a large number of these courts, and compel the suitors to travel fifty, forty, or even thirty miles to have the cases heard or tried, would be to abolish the system of local courts, which has been of so great benefit to the community, and to recur to the old plan of centralisation, without any of the undoubted advantages of its metropolitan situation. But the fact is, the present County Court has had throughout to maintain its ground against the prejudices of the Bench, and hostility of the Bar of Westminster Hall, who have not been slow to malign the inferior tribunal, which but for its incomparable utility in the recovery of small debts, and the redress of small grievances, would long ago have been destroyed by the odium which has been cast upon it by the biassed voice of the higher branch of the Profession. It is time the solicitors of the country, aided by the mercantile community, whose tribunal the County Court essentially is, should bestir themselves, and prevent this most important and useful tribunal being crippled, and eventually destroyed, by the interested opposition of higher quarters. (2) The office of high bailiff of a County Court may be abolished without any detriment to the tribunal, and with a great saving of expense to the public; for the office simply is, and ever has been, quite unnecessary, and these officers have been drawing the suitors' money largely for no equivalent, or even real service. (3) To consolidate the County Courts, and remove all the present registrars, who have done their work so well as even to contrast most favourably with the manner in which the judges have done theirs, and supply their place by barristers, is a measure so unjust, impolitic,

NOTE. This Department of the LAW TIMES being open to free discuss ou on all professional topics, the Editor is not responsible for any opinions or statements contained in it. MARRIAGE SETTLEMENTS.-With reference to my notes in the LAW TIMES, Nos. 1496 and 1502, it may be stated that a trustee who has been launched upon a troublous sea through successful tonting, may be asked to accept an equitable mortgage as a security for trust money, or to sink the trust money in the purchase of an annuity during the life or lives of the cestui que trust, or cestuis que trust, where there is no probability of issue. In either case the breach of trust is plain, although, in the latter case, the risk may be less than in the former. I have known cases where such breaches have occurred, and the result was satisfactory, but it is obvious that a trustee ought not to be exposed to this liability, as he is under private trusteeship. It is, generally, a choice of difficulties, either the trustee must commit a breach of trust, or offend the cestui que trust, who may be enabled to evince his displeasure practically. I maintain that a court of equity should intervene so as to relieve a trustee from this responsibility. An impartial, disinterested judge would decide the propriety of the security better than the trustee or cestui que trust could. With reference to these deeds, the system of registretion advocated at the recent social science meeting (see LAW TIMES, Nos. 1495 and 1496) seems

and cruel, that it is incredible to think it con-
templated, let alone be carried into effect. To
supplant the existing able and experienced
registrars of those courts, which under the new
plan will absorb the nearest smaller ones, by
briefless and incompetent barristers, who alone
would accept them, would be a step so flagrantly
wrong, and contrary to all precedent, that it is
scarcely believed to be seriously entertained, or,
if proposed, would not be immediately scouted by
the Parliament and public. To do so would be
to re-enact the privileges and guilds of the dark
ages, and that in the generation which has hailed
the triumph of free trade and equal rights. The
necessary fusion of the barrister and attorney for
general practice is, now a days, an admitted
principie, and yet can it be supposed that the
heads of the Profession seriously contemplate the
superseding the lights of the solicitor class by the
dark lanterns of the other branch? To prevent

even so monstrous a possibility let the solicitors,
and the public, who are as much interested as
any in the suppression of unjust and injurious
monopoly, arouse themselves, and the consumma
tion of so flagrant a scheme will be impossible.
March 4, 1872.
J. J.

LAW CLERKS.-Since reading the correspondence of "Spes," "Fiat," "Fidelis," and "Lex," on this subject, I have trembled in my shoes at the awful fate impending over me, as I know not what I am to do if the Law Clerks' Association (that is to be) takes to rattening, and turns me out of my present position. Perhaps some of the great and important class of law clerks who wish to raise their status, and, at the same time, to lower mine ("Fiat" compares me to a footman; but I, in happy ignorance, perchance, cannot see the simile) will inform me what I am to do for my future living and to gain experience? They seem to have a slight smattering of Latin, as proved by the names they write under, so I should advise them to go up for the Preliminary Examination, and become themselves, in time, "admitted men,' that is to say if they are not too proud, or would consider, by so doing, that they were lowering their status.


[We can insert no further letters on this subject. Clerks must act among themselves until they get a plan, which we shall be prepared to make known.--ED.]


SIR R. PALMER'S RESOLUTIONS.-Your readers will have observed that Sir Roundell Palmer's motion respecting the School of Law was not carried, and, although I signed the petition prepared by the Incorporated Law Society, I was afraid the change was too great to be at once carriel out. I have, however, long advocated an alteration, whereby the law should be treated as a science and not as a mere calling for gain or the stepping stone to position only, and now avail myself, by your kind permission, of the opportunity of making one or two suggestions through your columus which may be worthy of notice I would suggest that (at any rate for the present) that the Bar, and that branch of the profession to which I have the honour of belonging, should remain governel as at present, but that no one should "enter for the higher branch until he had been "admitted an attorney. My second suggestion is, that attorneys and solicitors at present on the rolls should have greater facilities of being "called than having to go through the same course, and to spend the same time that strangers to law have to do. If the Inns of Court will insist upon the three years system being continued, and the dinners kept hot, lawyers' who enter for the Bar ought to have the privilege of practising honorarium if thought proper in those courts in which they can at present act as advocates. When in the House of Commons last year, I heard the present Solicitor-General say that he considered greater facilities ought to be offered to attorneys and solicitors to change into the other branch than those which at present exist; and in the House on Friday evening last week the Attorney General stated that the best way of learning te law was by practice. Upon this no one will I suppose join issue, and therefore it is an absurdity (which jealousy alone can govern) to prevent, for a term of three years or any other term, men seeking higher honours, advocating in those courts in which they can at present advocate. Number three suggestion is, that as attorneys and solicitors can advocate now in almost all the courts-that is to say, the County Courts, the Bankruptcy Court, the magis. trates' courts, &c.-they should also be allowed to advocate in those courts in which counsel accept briefs from the public, namely at the Old Bailey, &c. Fourthly, as matters at present stand, all appointments now eligible for attorneys should be kept exclusively for them, and in this respect I should like to see the Law Institution take more active and energetic steps; and

when cases arise such as a contested election for a
coroner, the legal societies should, if no solicitor
entered the field on his own authority in time, put
forward some one and defray the expense or part
thereof. If what I have suggested is worthy to be
digested, I hope the same may bite without
hurting, as my only object in making this com-
munication is for the benefit of those whoзe
talents I have seen so ably displayed in courts
and other places, but who find attorneyship a
barrier instead of an advantage to their renown
and greatness. Apologising for troubling you
with so many words, and thanking you for your
ready willingness at all times to assist in benefit-
ing those who are named and deservedly so, "the

March 6th, 1872.

PUBLIC PROSECUTORS.-With all respect to
"J. W. M.," who expresses his views ter peritely

and ably, I am bound to say that I disagree with
his conclusions.


POINTS OF PRACTICE: NOTICE.-We must remind our correspondents that this

column is not open to questions involving points of law such as a solicitor should be consulted upon. Queries will be excluded which go beyond our limits. N.B. None are inserted unless the name and address of the writers are sent, not necessarily for publication, but as a guarantee for bona fides.


117. EXECUTION CREDITOR.-If an execution creditor seizes furniture worth more than £20 for a sum under £20, and an interpleader is tried in a County Court and decided in favour of the claimant in the interpleader issue, is the claimant entitled to costs on the higher scale ? J. D.

118. ADMISSION.--A gentleman passed his Final Ex. amination in Trinity 1868. Can any of your readers inform me whether leave must be obtained before he can now be admitted; and, if so, will any and what

description of affidavit be required? Is it likely he will

have to pass another examination, not having been employed in anything but the law at intervals since his passing in 1863 ?


119. CUSTODY OF CHILDREN.-A. dies, lewing wife and child (a minor) him surviving. A. by will appoints B. guardian of property and child, and C. custodian of person. custody of her child, and to maintenance until she attains twenty-one?

Is no the wife neverthele-s entitled to the


X. X.

(Q. 114.) TACKING.-Yes; upon proof of an agreement that the deposit was originally made as security for first and subsequent advances; or that subsequent advance was upon the understanding that deeds were to C. be security for it.




But discussion, and the expression of opposite opinions, are very salutary, and help to a correct decision. I do not think that the Clerk to the Justices is the proper person to conduct prosecutions. Of course, I lay myself open to the rejoinder that, not being such a clerk, I am taking a self-interested view; but if I had the appointment I should still think that the appoint. ment of a public officer who should supervise criminal cases when they pass out of the preliminary stage at the petty sessions court would be a benefit I think the clerk to the justices is what his name implies, and nothing more. That is, that he is their officer for the purpose of taking evidence, advising them on points of evidence and law, and generally conducting the business of their court. But it seems to me a wrong thing to make him a public prosecutor. Cases in criminal law pass through two stages in this country, and the first is a tentative or doubtful stage. As in that stage the clerk is merely a ministerial officer and adviser, it seems logical that he should be in no way connected with the ultimate develop: IN presenting the 33rd annual report, your comment of the case. Moreover, the great mittee have the pleasure of congratulating the mass of varied business which successive Acts members upon the incorporation of the associa have heaped on the petty sessional courts is quite tion under the 23rd section of the "Companies' enough to fill up the clerk's time, and occupy his thoughts with adding thereto the consideration of January 1871. The memorandum and articles of Act 1867," which was completed on the 19th of criminal cases and their presentation at Assizes association (the latter embodying the rules of the and Quarter Sessions. The clerk to the magis-association), together with the licence of the Board trates ought not to be the public prose of Trade and the certificate of incorporation, were cutor. Make him so, and a direct interest that in printed and forwarded to every member of the every indictable case there should be a committal, follows. In this I do not mean anything offensive, association. The society now consists of 160 but in human nature there is always consciously or unconsciously a bias, and a functionary who is brought into contact with all classes, as is the clerk to a bench of county magistrates, should hold the position of a functionary who has nothing to lose or gain by the decision of his Bench. That he should be paid by salary follows as a corollary The fee system is one which has everything to condemn and nothing to support it, and I should be very much surprised to find one of your numerous correspondents who could say a word in its favour. In this respect I fully agree with A. K. Z.," but with respect to his opinion as to the coroner being made more useful I venture to think that functionary has enough to do at present, and that his own court stands in need of alteration. In conclusion, I wish to express a hope we shall have a full discussion in your columns on the public prosecutor of the future.



NATIONS-The remarks which appeared under
this head in your last number are very much to
the purpose. Many years ago, when I " passed"
myself, I addressed a letter to the examiners,
pointing out the advantages of classifying the
successful candidates. The prize system, since
adopted, has always seemed to me of no practical
utility in this case, while it offers extra induce-
ments to cram. I have during the past ten
years been brought into contact with a consider-
able number of gentlemen who have passed. A
fair proportion of these have taken prizes, and in
more than one instance the winner has after
wards regretted having gone in for a prize. The
questions are frequently, as your correspondent
says, practice questions-the easiest to cram,"
and the most useless; the only knowledge of
practice worth having is that acquired in practice.
This sort of question is easily put, but questions
founded on actual cases, such as frequently urn
up in any varied practice, and to which
NO cut and dried answer can be found,
would really test the candidate's grasp of
principles, and power of applying them to facts.
This sort of thing would require more labour from
the examiner, and more than can be fairly ex-
pected gratuitously from busy men; the examiner
should be paid. The whole system of "articles
(as a compulsory system) appears to me out of
date; but I must not trespass further on your
L. Z.

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The annual general meeting of the members of the association was held on Friday the 19th Jan. 1872, at their rooms, Cross-street Chambers, Cross-street, when an account of the receipts and disbursements (previously audited by two of the members) was submitted and passed, and the officers and committee were elected for the ensuing year. (See list on p. 21.)

The proceedings of this society for the last year were stated in the following report, which was read by the honorary secretary, and unanimously


Your committee have again to report that the necessary expenses of the year have exceeded the income, and obliged them to resort to the invested capital of the association. The treasurer's ac counts, with the addition of the proceeds of sale of stock, show a balance in hand of £20 143. 63. The amount stil invested in Consols is £622 12s. 3d., which, together with the sum of £37 Cs. 10d. for dividends thereon, is held in trust for the association.

Among the Bills which, during the session, received the consideration of the committee, and obtained the assent of Parliament, mention may be made of the following:


Clerk of the Peace for the County of Lancaster Act (34 Vict. c. 73).-In consequence of the memorials presented by the Incorporated Law Society of Liverpool, and by your committee, the Charcellor of the Duchy introduced a Bill into the House of Lords, which subsequently passed into law, and provides that on a vacancy occurring in the office of the clerk of the peace of the county of Lancaster. the Chancellor of the Duchy shell appoint a lerk o the peace and two deputy clerks, amongst whom the justices are, by order, to distribute the business of the office, and to fix the places in which the clerk and deputy clerks are to live.

The Attorneys and Solicitors Act 1871 (34 Vict. c. 18), repeals the disqualification of attorneys, solicitors, and proctors from being justices of the peace for counties, but enacts that no person shall be a justice for any county in which he prac tises as an attorney, solicitor, or proctor.

Debenture Stock Act 1871 (34 Vict. c. 27).-This Act provides that where a power has been, before the passing of the Act, or shall thereafter be, given to trustees or executors to invest trust funds in the mortgages or bonds of any company; such power shall, unless the contrary is expressed in the instrument creating the power, be deemed

to include a power to invest in the debenture stock of such company.

The Bills of Exchange Act 1871 (34 & 35 Vict. c. 74) abolishes days of grace upon bills and notes payable at sight, and provides that as to stamps and for all other purposes, they shall be treated as biils and notes payable on demand.

By the Lodgers' Goods Protection Act (34 & 35 Vict. c. 79) on a declaration by the lodger that the immediate tenant has no property therein, his goods are exempted from distress by the landlord, for arrears of rent due by the tenant.

Professional Remuneration.-Your committee, after having carefully considered the question of remuneration by commission or per centage, in conveyancing transactions, and deeming such a mode of payment both feasible and desirable, prepared a report on the subject, to which were appended sungested scales of charges for different kinds of businesses. This report was printed and circulated among the members. The Incorporated Law Society and the Law Societies of Liverpool and Newcastle, having also proposed scales of charges, a meeting of deputations from several provincial law societies was held in Manchester, at which the various scales were fully discussed, and some general principles settled, and the deputies of the Liverpool and Manchester societies requested to endeavour to agree upon a scale; this was done, and at a subsequent meeting held in London, the revised scales were settled and approved. These scales were then transmitted to all the law societies in England, and copies of them were also forwarded to the members of this association, who, at a special general meeting called for the purpose, passed a resolution approving them and recommending their adoption. The scales were also approved by the Liverpool, Birmingham, Newcastle-on-Tyne, and Gateshead, and Worcester law societies; and prints of them, with illustrative tables, were sent to every member of your association.

The Incorporated Law Society have also adopted a scale, differing in many respects from that recommended by the provincial law societies, whose joint committee have had under consideration the desirability of the adoption, if practicable, of a uniform scale in the metropolis and the provinces. At the annual meeting of the Metropolitan and Provincial Law Association, held at Newcastle, a paper on the two scales of charges was read by your president, Mr. Cooper, and a resolution passed that the paper should be communicated to all the provincial law societies, requesting their views upon it, and that the managing committee should communicate such views to the Incorporated Law Society, and request a conference, with a view to the adoption of uniform scales by the entire Profession, and the sanction of such scales by legislation, or rules and orders.

The subjects of taxation of costs as between party and party, and of increased remuneration for time, having been considered by the joint committee of provincial law societies, an interview was obtained with the Lord Chancellor, when the statement contained in the appendix, which had been previously prepared by the deputies, was read to his Lordship. A copy of the Lord Chancellor's reply is also set out in the appendix.

Legal Education.-In the early part of the year your president, along with the representatives of other provincial societies, had an interview with the council of the Incorporated Law Society, with a view to secure the support of that body to the proposals of the Legal Education Association for the foundation of a General School of Law. At the general meetings of the Incorporated Law Society subsequently held to consider the question, reso lutions expressing a general approval of the scheme were adopted by a large majority. The proposals of the Legal Education Association were afterwards brought forward by Sir Roundell Palmer, in the form of resolutions, in the House of Commons, but owing to the late period of the session and the pressure of business, the resolutions were withdrawn without a division. The subject will no doubt be renewed in the coming


Law Lectures.-A scheme for establishing an improved course of law lectures, in connection with the Owen's College, having been sub.nitted to your committee, they cordially approved and recommended the proposal, and raised among the Profession a guarantee fund of sufficient amount to protect the college from loss during the term of five years, which was considered requisite to ascertain the result of the experiment. The task of carrying out the scheme has devolved upon Dr. Bryce, the Regius Professor of Jurisprudence at the University of Oxford, who is assisted by other gentlemen of acknowledged eminence and ability. An opportunity of becoming acquainted with the lecturers, and hearing a statement of their views, was kindly afforded to the legal profession by the college authorities, on the occasions of the inaugural lecture delivered by Professor Bryce, and of a soirée subsequently held at the college. The lectures have been commenced under most

favourable conditions, and with a large attendance of students, but as they cannot permanently succeed without the continued support of the individual members of the Profession and their articled clerks, your committee again commend them to the favour of the members of the association and of the Profession generally.

The preliminary examinations of candidates before being articled have, as usual, been held in Manchester during the past year, under the conduct of members of your association, recommended by the committee as local examiners.

Metropolitan and Provincial Law Association. This association held its annual provincial meeting at Newcastle-upon-Tyne, on the 10th and 11th Oct. last. Your association was, as usual, represented by a deputatlon. The attendance, which was numerous, comprised a large number of gentlemen from distant parts of the country. In addition to the chairman's address, several interesting papers were read, and important discussions took place. The association was most generously entertained by the Newcastle Incorporated Law Society, and it was arranged that the next autumnal meeting should be held in London. Death of Mr. Heelis.-Your committee cannot close their report without recording their sense of the loss sustained by the association during the past year in the removal from amongst them of the late Mr. Stephen Heelis. On learning the sad event, your committee passed the following resolution: That the committee, in expressing their deep regret at the death of Mr. Heelis, desire to record their sense of his many claims to the grateful remembrance of the association, as one of its active founders, twice its president, and a member of its committee from its commencement to the time of his death, in each of which capacities he largely contributed to establish and promote the influence and utility of the association. And the committee would express their sense of the loss which in Mr. Heelis's death has been sustained, not only by the association, but by all the members of the Profession who have had an opportunity of appreciating his high professional character, and his cordial kindness in feeling and demeanour towards his professional brethren. That a copy of the preceding resolution be forwarded to the family of Mr. Heelis, with the sincere condolence of the committee, on the painful bereavement under which the family are suffering, and with an intimation that it would have been in accordance with the wish of the committee to send a deputation to attend the funeral, had they not ascertained that it was the desire of the family that the funeral should be strictly private.". Your committee have since taken steps with a view to founding some permanent and appropriate memorial, of the esteem in which the character and services of Mr. Heelis are held by the legal fession in Manchester and Salford.



J. L. ROSS KETTLE, ESQ, THE late John Lucena Ross Kettle, Esq., barrister-at-law, of Lincoln's-inn, of whom we have already given a short obituary memoir, was the eldest son of the late John Kettle, Esq., of Overseale, in the county of Leicester, by Clara Joanna, daughter of George Mackenzie, Esq., of Redcastle, in the county of Cromarty, captain in H.M.'s 60th Regiment. He was born at Overseale in the year 1809, and was educated at Appleby (Leicestershire), and subsequently at Shrewsbury School, under the late Dr. Butler, afterwards Bishop of Lichfield and Coventry.

W. GIBSON, ESQ. THE late William Gibson, Esq., of Rockforest, county Tipperary, a taxing master of the Court of Chancery in Ireland, who died suddenly in the 20th Merrion-square, Dublin, on Feb., in the sixty-fifth year of his age, was the eldest son of the late William Gibson, Esq., of Gaulstown and Lodge-park, county Meath (who died in 1829), by Mary Ann, only daughter of Edward Bagnall, Esq., of Hawkins-town, county Meath. He was born in the year 1808, was educated at Trim in the county of Meath, and subsequently matricu lated at Trinity College, Dublin, but left the university without taking his degree. He was admitted a solicitor in 1831, and was for many years a member of the council of the Incorporated Law Society, and in 1866 he was appointed one of the taxing masters of the Court of Chancery in Ireland, and he held that appointment until his death. Mr. Gibson, who was a magistrate and grand juror for the county of Tipperary, was twice married: first, in 1831, to Louisa, daughter of Joshua Grant, Esq., barrister-at-law, of Dublin; and secondly, in 1856, to Charlotte, daughter of the late John Hare, Esq., of Deerpark, near Cashel, county Tipperary. He has left a widow surviving, and six children. His eldest son, Mr. William Gibson, formerly captain in the 4th Regiment, was born in 1836, and married in 1868, Emily, daughter of Admiral Tucker, of Trematon, Cornwall. It only remains to add that Mr. Gibson was buried in Mount Gerome cemetery, Dublin.

J. L. CUFAUDE, ESQ. THE late John Lomas Cufaude, Esq., solicitor, of Jan., in the sixty-first year of his age, was the Great Yarmouth, Norfolk, who died on the 28th eldest son of the late John Cufaude, Esq., solicitor, of Halesworth, Suffolk, by Martha, daughter of John Lomas, Esq., of Cobham, Kent. He was born at Halesworth, on St. Paul's Day, in the pro-year 1811, and educated at Queen Elizabeth's

inn Hall, on Wednesday, the 13th March inst., A MEETING of this Society was held at Clement'sMr. H. Lewis Arnold in the chair. Mr. Debney, opened the subject for the evening's debate, viz.: That the recent appointment of Sir Robert Collier is to be condemned." The motion was carried nem. con.

HULL LAW STUDENTS' SOCIETY. AN ordinary meeting of this society was held at the Law Library, Parliament-street, on Tuesday evening last, H. Sharp, Esq., solicitor, in the chair. There was a very large attendance of members present. The moot point was, "Taking into consideration the modern tendency of the courts, can a nurseryman who has erected a greenhouse (without consent), with a substantial foundation, on land held under a lease for years, remove it on quitting." Mr. Spink and Mr. Jacobs argued in the affirmative, and Mr. Pearce and Mr. Hall in the negative. After a lengthy discussion the point was decided in the affirmative by a majority of two. Three gentlemen were proposed and admitted members of the society.

LAW ASSOCIATION. FOR THE BENEFIT OF WIDOWS AND FAMILIES OF ATTORNEYS, SOLICITORS, AND PROCTORS IN THE METROPOLIS AND VICINITY. Ar the monthly meeting of the directors, held at the Hall of the Incorporated Law Society on Thursday the 7th inst., the following being present, viz. :— Mr. Desborough (chairman), Mr. Carpenter, Mr. Sidney Smith, Mr. Tylee, Mr. Whyte, Mr. Williamson, and Mr. Bootle (secretary). An application from a member's widow was brought forward but not considered to come within the rules, regard being had to the amount of the income possessed by the applicant. A liberal grant was made to the widow of a nonmember. Two new members were elected, and the general business was transacted.

Grammar School, at Ipswich. Admitted a solicitor in Michaelmas Term 1835, he was appointed Clerk to the Board of Guardians, &c., for the In 1847 he for that borough, and in the same year he was borough of Great Yarmouth in 1837. received the appointment of Clerk of the Peace also appointed Clerk to the Visiting Justices, the duties of which office he fulfilled down to the time of his death. Mr. Cufaude married, in 1853, Marianne, daughter of the late Thomas E. Clarke, Esq., but has left no issne. The remains of the deceased gentleman were interred in the cemetery at Great Yarmouth.

MR. SERJEANT PAYNE. THE late William Payne, Esq., serjeant-at-law, who died, after a brief illness, at his residence in Brunswick-square, on the 25th Feb., in the seventy-third year of his age, was the youngest son of the late William Payne, Esq., by Jane, daughter of Lucy Berry, a descendant of the Lord Protector. He was born in the year 1799, and was called to the Bar at Gray's-inn in 1843. He was appointed coroner of London in 1829, and was elected high steward of Southwark and judge of the Borough Court of Record in 1850. He was created a serjeant-at-law in 1858, when he became a member of Serjeants'-inn. Mr. Payne was a magistrate for the counties of Middlesex and Westminster, a commissioner of taxes for London, Middlesex, and Surrey, and a governor of St. Bartholomew's Hospital. The family of the deceased gentleman was formerly resident at Bexley, in Kent, as appears by the records of burials and monumental inscriptions from the year 1597. One of the paternal ancestors accompanied King William III. from Holland to this country. The late Serjeant Payne was a brother of the well known Judge Payne, whose death a short time ago deprived the poor of London, and more especially the children of the Ragged Schools, of one of their warmest friends. The deceased gentleman married, in 1821, Kezia, daughter of Mr. Temple, of Dulwich-grove, by whom, who died in 1851, he has left issue. His son, Mr. William John Payne, a barrister-at-law on the Norfolk Circuit, is recorder of Bucking

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