« EelmineJätka »
their duties according to their sense of what was system now in practice ; and, on their behalf, he (Hear, hear.) One grievance of which he had to right. It appeared it would have been better and demanded the reason why they should be called complain was this : when costs were first examined more satisfactory if the Treasury were represented upon so frequently to pay these costs. (Hear, the Treasury officials acted with singular astuteon the spot-hear, hear) --who might also be said hear.)— Mr. LEEMAN, as a clerk of the peace ness by disarming their adversaries. They said, to represent the interests of justice. A stepping for thirty years, indorsed every word that · Now that the expenses of prosecution are to be stone towards the solution of the question would had fallen from the hon. baronet with regard made by us, we have a right to retain the vouchers be found in the appointment of public prosecutors to the taxation of costs under the present system for them,” and they had been so retained up to -(hear, hear)--and the Government had under being an abuse against and prejudicial to the the present time, and were never returned to the their consideration how far it was possible they administration of justice. He did not propose to clerk of the peace. The result was that the items could support the Bill before the House for the trouble the House with the details, but he had in objected to were known to the objectors, but never appointment of public prosecutors, and introduce his hand particulars of the disallowances which to anybody else ; and the taxation of costs was amendment that would provide officers on the spot had been made to costs paid in the division of the thus conducted solely on behalf of the Treasury, who might undertake the duty of taxing officer. An county where he acted as clerk of the peace, and irrespective of the ratepayers. The sole object of intermediate authority whose interests were the if he were allowed to read that statement he this minute taxation, he believed, was to put a interests of justice as well as the general body of believed it would result in the dismissal of the stop to irregularities in expenditure, but the taxpayers, would be an improvement on the gentlemen in Spring-gardens at a moment's notice. actual course adopted was to receive the vouchers present system. It was not, however to that, but (Hear, hear.) What was the present practice and lock them up. It was said that certain fees rather to the introduction of public prosecutors It often happened that cases came before a court were only allowed by the Treasury in extraordinary that he looked to the remedy of what he deemed of quarter sessions which required the services of cases ; but the question whether a case were or to be a grievance. He hoped the hon. baronet counsel in drawing the indictment. The chairman were not extraordinary should be decided by the would be satisfied with the assurance that it was was acquainted with the circumstances, and under judge who tried it, and not by irresponsible impossible not to admit that the present system his direction, fees were paid to counsel for those gentlemen at Westminster who took upon them constituted a considerable grievance, and that, services; but on the cost being submitted to the to set his decision aside. He was glad that the therefore, he would not think it necessary to press Treasury, the gentlemen in Spring-gardens struck Treasury at length saw the necessity of making his motion. (Hear, hear). ---Mr. Cross said two out the very fees which the chairman of quarter some concession in reference to this matter; but things were clear-first, that the prosecution ex sessions had allowed. (Hear, hear.) The greater he could not help recollecting that last session the penses were to be borne by the country, although part of the expenses incurred at quarter sessions Chancellor of the Exchequer replied in a very they were tirst to be paid by the county or borough, was for bringing witnesses from a distance. How different sense, contending that there was and afterwards repaid by the Treasury; but the was it possible for the officials at New-street to no ground for the Government acceding to right hon. gentleman did not appear to have turned | know all the circumstances connected with cases the application that had
made his attention sufficiently to the latter point. The of that character ? (Hear, hear.) Whatever they them. He thought that to remedy the matter county or borough was bound to pay immediately did know of them, they were constantly disallowing which was complained of, the position in which the costs of prosecution allowed at assizes and payments to distant but necessary witnesses sub counties and boroughs stood in reference to being sessions, and what was complained of was that pænaed by the attorney for the prosecution. There reimbursed the costs of prosecutions should be after the charges had been allowed by the properly was a variety of other instances to the details of clearly defined by statute. Another thing reauthorised persons, the two gentlemen in New-street which he could readily refer. Although the clerks quired was that the costs should be taxed upon struek out charges that had been properly allowed, of the peace were guided by a scale of fees fixed, the spot, where any necessary explanations could and so the county or borough, as the case might if not by the present Home Secretary, at least by be given. When the present subject was taken þe, lost the money which the Treasury ought to his predecessors, for the remuneration of counsel into consideration by the Government he hoped have repaid them. (Hear, hear.) And that was as well as witnesses, yet in almost every case that the scale of fees established in 1858 would done by two gentlemen in New-street, who could within his own experience the officers at the also be considered. In applying the scale to not by any possibility know whether the charges Treasury took exception to them. [Mr. Bruce counties the Government acted upon this singular to which they objected were necessary or not. dissented.] The right hon. gentleman might principle. They said that any county fee which The taxation was made in the first instance at the dissent; but he was prepared to prove the was above the Government scale should be retime of the trial, and settled by the judge, who, statement by the papers he had in his hand. | duced ; but they declined to raise any item that from being on the spot, had a knowledge of the (Hear.) With regard to one uniform scale of fees he was lower than their own scale. It was this case and the fairness of the charges, and who, did not think that one could be fixed for counties, that had given rise to the difference of scale in in case of dispute, was immediately applied to because their circumstances differed so widely-as different counties, which had been complained of. and settled any dispute that arose. At the Lan- in mining, manufacturing, and agricultural dis. He trusted that if this motion were not pressed cashire January sessions, in 1871, the judge of the triets. With the exception of the modification he to a division the hon. baronet in withdrawing it court directed that a peculiar indictment required concurred in the motion of the hon. baronet, and would reserve to himself the right to bring it to be drawn under an old Act of Parliament should hoped it would have the entire approval of the forward again in case it should not be satisfacbe drawn by counsel; and although the fee of House. (Hear, hear.)--Mr. WINTERBOTHAM torily dealt with by the Government. --Mr. C. £l 3s. 6d. was paid at the time, the county had wished to make an explanation in behalf of his READ observed that the disallowance of costs in not yet been reimbursed that sum (hear, hear), right hon. friend, who appeared to have been mis. counties by the Treasury was 6 per cent, whilst although a note was appended to the charge by understood by one or two h n.members in the re- in boroughs it was no less than 11 per cent. ; and, the clerk of the peace that the indictment was of marks he had offered to the House on this subject. therefore, the question was one which had even & peculiar character and drawn by counsel by The house and the Treasury had one object, viz., | more interest for borough than for county order of the court. (Hear, hear.)" In another they desired that costs should be rightly ascer members. He not only objectos to these deduccase, in the same county, a prisoner was tried on tained, and if correct paid by the Treasury. With tions, but to the system which prevailed in making two indictments, convicted on both of them, and respect to the first of these questions the Govern. them. The counties sent up all their details of sentenced to seven years' penal servitude, but in ment agreed that the operation of the present sys. expenses and vouchers; and then they received consequence of the gaoler having, through inad. tem of ascertaining the correctness of costs was an intimation that there would be certain deducvertence, entered one charge in the calender, the unsatisfactory. (Hear). If the Treasury were to tions, which they could not trace, so that no gentlemen in New-street refused to allow more bear these costs, it was at least a rude way of assistance was afforced them if they desired than one indictment. (Hear, hear.)--Mr. SCOUR- taxing to filter them through the county, espe. in future to conform to the scale of the FIELD supported the motion. Considering the cially if the county had no power of checking or Home Office. Last year, in Norfolk, £12 was wealth and population of the country the expenses controlling the costs. In fact the reason was claimed as expenses for prosecuting a very of criminal prosecutions were by no means out of traceable to an historical fact, that for a long dangerous burglar, and from that large sum the proportion. He could not see how a reform while the country had been under a statutory obli- Treasury deducted 6d. in respect of mileage of the system was necessarily connected with ligation to pay them, and it was only relieved charged for a witness. There were fourteen or the appointment of public prosecutors: Mr. from that obligation by the payment which was fifteen witnesses, and it was impossible to say to WHARTON said what the country required was allowed from year to year. He would admit that which the deduction applied. How could a gentlethe total abolition of the office in New-street. An the friction which had arisen in the working of the man in London know the exact distance which a instance had come to his knowledge where these system afforded a sufficient reason for its recon
witness had travelled ? In another case la. 6d. gentlemen had by their official act insulted two sideration, and, if possible, its readjustment; but charged for the detention of a witness was deeininent judges. At the Durham Assizes a man he did not think the scale indicated by the motion ducted; but how could a gentleman in London was prosecuted for night poaching, with violence, of the hon. baronet met the difficulty. His own know whether or not a witness was improperly and found guilty and sentenced. Then arose a belief was that a scale for the professional re- detained ? Further, the Government was extremely question of costs, whereupon Martin, B., who tried muneration of attorneys and counsel was not pos- tardy in this and all other cases of paying money, the case, said he would consult Willes, J., upon the sible, and his conviction was based on the experi. that was due from them, whilst the Chancellor of point. He did so, and it being the opinion of both ence of civil conrts, where no attempt that he was the Exchequer required the taxes before they were the learned judges that the costs ought to be paid aware of had ever been made to determine before. due. (Hear, hear.) In the case of these allowby the Treasury, an order was made accordingly; hand what should be the remuneration in any ances sometimes more than twelve months passed but when the account was sent to New-street the particular instance. The same observation might before the counties received them. The clerk of examiners there struck out the costs, in direct apply to criminal proceedings. Instead of avoiding, the assize was neither a servant of the ratepayers opposition to the opinion of two very eminent he believed a uniform scale of fees would produce nor a servant of the Government, and he did not judges. (Hear, hear.) They had heard a great hardship greater than that now complained of. know where they could find a better taxing officer. deal about economy in connection with this sub- With regard to fees payable to justices' clerks, he The public prosecutor would not be so good a ject, but he doubted whether it was good economy hoped the Public Prosecutors Bill would make taxing master. The First Minister of the Crown that convictions should break down for want of satisfactory provision. As to the clerk of assize, said it was a serious thing that the judges of the witnesses, fearing the Treasury would not allow the Goverument had no control over him, as he land should have the expenditure of the public
The only remedy that could be was appointed by the senior judge of the circuit money ; but he would rather trust his life with the effectual might, he thought, be found in a scale of to the office for life. While expressing the judges of the land than he would trust the Chanfees prepared with considerable latitude, and in hope that the Public Prosecutors Bill might be so
cellor of the Exchequer with a sixpence. (A laugh.) the appointment by the Treasury of a taxing altered as to ineet the difficulty in part, he wished -Mr. Pell said that although this grievance was master, who should be on the spot. Whether he the House to understand that the Government did an old one, it did not, like wine, improve with was a public prosecutor, or a gentleman who could not rely upon the measure for a complete remely. age. Men of all politics wished to see the grievance accompany the judge on circuit, it did not matter. The Government had more than one course before remedied. The country wanted to see payment Under the present system, it was an uncommon them, the adoption of auy one of which would, he follow immediately
of the taxing hardship upon barristers, when payments made believed, secure a satisfactory solution of the master. Very often, however, twelve months by them to witnesses, whose evidence was requi- difficulty ; but it would be premature to state elapsed before the money was paid. In his own rite to complete a case, were quite disallowed by which plan they intended to put in force. (Hear, county the fees were settled as far back as 1838. the Treasury. (Hear, hear.) He had heard that hear). - -Major PAGET reminded the House that The counsel's fees in the county were a guinea, in the course adopted by the Government in this the Public Prosecutors Bill to which the honour the boroughs two guineas; but in 1866 the counmatter was defended in the interests of rate- able gentleman had referred was promoted, not sel's fee was raised to two guineas. In Leicester payers. Well, all he could say on the point was by the government, but by a private member, and the fees were two guineas, but they had been that, instead of being contented, the ratepayers that it would be liable to the exigencies which reduced one-half. In Shropshire he learned that were greatly irritated by the operation of the so frequently attended independent legislation. 'three guineas were allowed for what in Leicester
sold for $700.
sold for £3030,
sold for £100.
shire they paid two guineas.. How was it that it on the faith of the professional persons by ney.General refused to seal the plaintiffs
' patent. three guineas were allowed in some cases, and whom it was prepared. In the case in question Held, that there was evidence of negligence to go only one guinea in others? The anomaly ought it was not the making the declaration, but the to the jury. A patent agent is bound to know to be remedied. (Hear, hear.) Mr. HENLEY circulating of it which had done the mischief : the law with regard to the practice of obtaining thought the Government should come forward and if Mr. Chaffers, instead of making that decla. patents, and should watch the decisions of the and settle the question. For twenty-five years ration, had chosen to print the paper and circu- courts with some care : (Lee and others v. Walker, the Government had been robbing the ratepayers | late it by hundreds of thousands, the object of his 26 L. T. Rep. N. S. 70. C. P.) with a strong hand. (Hear, hear.) How was this attack might let it pass or meet it as had been to be remedied? According to the practice of the actually done by indicting him. If the magistrato last twenty-five years they never knew when they chose to take upon himself the duty of inquiring,
REPORTS OF SALES. were going to get the money; and the necessary he was of course at liberty to do so. What he
Thurulay, March 11. result was that the ratepayers were taxed. He had stated was simply that the magistrate dil
By Messrs WINSTANLEY and HoRW Op at the Mart. did not know how they could avoid putting the that on his own responsibility, but that the law
London-wall, Nos. 112 and 115, the lease of, together with
the goodwil, term 7 years-sold for £iu. counties and boroughs to that inconvenience. If cast upon him the duty of receiving a statutory
By Messrs. E, and H. LOMLEY. they went on the system they did now, the people declaration independently, generally speaking, of West Hallorich: Croxted-roac, Stanley Lodge, term 72 years
3:). would think they were plundered of what was the contents of the document, and that duty he
By Messrs. C. C. and T. MOORE, taken from them. At times the allowance had was called upon to discharge like every other.
Mile-end.-Nos. 52 and 33, Allas-road, term 95 years-sold been twelve months in arrear; and although the
Bromles-le. Bow.-Freehold residence, Sherwood-houseamount was not large, its nonpayment might lead to an additional farthing rate. Now that the
Lower Edmonton.-A double-fronted residence, term 97 matter was being undertaken by the Govern.
years-sold for 30.
By Mesars. NEWBON and HARDING. ment, he hoped that the question of public
Barnsbury-park, No.20, term 37 years-sold for £115. prosecutors would be put an end to. He said
NOTES OF NEW DECISIONS.
10.30, Albion. Tove. terin 72 years-sold for L:A. let the charges be settled so that the public BOROUGH FRANCHISE-OCCUPATION OF PRE
Cainden-town, No.9, Belmont-lerrace, term 91 years-sold for might know what they were about. Do not MISES IN SUCCESSION_PAYMENT OF RATES BY City-road, No. 337, term 12 years-sold for 6990. let a judge order a payment of £10, and then THE LANDLORD-30 & 31 Vict. c. 2, s. 27.—The Regent'as-park: - Nos: 7 and 8, Hanover-cottages, term 40 the county taxing master say the amount was only 26th section of the Representation of the People Islington.- No. 23, Gibson-square, term 55 years-sold for
years--sold for $700. £8 17s. Cd. This was like swindling. (Hear, Act 1867 does not deprive the occupier of a house £100. hear.) ---Col. BARTTELOT observed that the in immediate succession within the year, and which
No. 1, Oakley-road, terin 60 years--sold for £395. whole of the debate had been in favour of the i house is of less value than £10 per arnum, of the Regent's-park.- No. 161, Albany-sti eet, terin 11 sears-sold
By Mr. H. E. DARSH, at Guildhall Tavern. , -, been one voice raised to controvert the opinions the rates in respect of the premises so occupied by Nos. 15 and 14, Brownlow-inews, same teiin - sold for £130. he had laid down. If he gathered aright the him. Held also, that the actual payment of the
Tuesday, Jarch 19. opinion of the Treasury bench, it was that they rates by the landlord is a legal payment by the
By Messrs. DRIVER, at the Mart. meant to deal effectually with the proposition of tenant where the payment is made by the landlord
Herts, Ware, freeloid mallings, with two uwellinz-houseshis hon. friend. The House expected that the by virtue of an agreement existing between them : By Messrs. DEBENTAM, TEwsox, and FARMER. Government would deal effectually with it, and at (Moger v. Escott, 26 L. T. Rep. N. S. 99. C. P.)
Camberwell, Nos. 15 and 16, Church-pata, term 73 yearsIf the Government failed, he hoped the
By Messrs. HARDS, VAUGHAN, and LEIFCHILD. House would hold them responsible for the failure,
Staffordshire, near Wolverhampton, the surface lanes known and that his hon. friend would bring the matter
as the Moseley Hole Estate, of 1079. ur, 3D-suld for forward again at the very earliest possible op
Two plots of surface land, containing lla. 2r.lip.-sold for SOLICITORS' JOURNAL.
2555. portunity.--Mr. DISRAELI had taken a deep
The absolute reversion to £1500 sterling on a life aged 79 interest in this question, representing a county
NOTES OF NEW DECISIONS.
years-sold for thX).
Wednesday, Jarch 20, contiguous to that with respect to which his ALLEGED PATENT-CIRCULARS THREATENING
By Mr. H. E. RRELL, at the Mart. right hon. friend the member for Oxfordshire had PROCEEDINGS FOR INFRINGEMENT REFUSAL Chelsea.-Nos. 45 and 16, Raunor-street, leasehold-sold for addressed them. He wished on their part to ex
£27 :ic. TO BRING ACTION TO TRY VALIDITY-INJUNC
Westbourne-terrace North, No. Si, term 78 years-sold for press what they wished and desired.
He TION RESTRAINING CIRCULARS.—There is no £110. thought their wishes were reasonable, and their prima focie presumption in favour of a patent No.1, adjoining, same term-sold for fts requirements ought to be granted. What they which has not been established at law. Patentees,
Hackney, Cricket-deld-rcad,-Albion Villa, frochold-soli required was fixed charges and prompt payment. having notice of a proposed sale by R. of articles Westininster-the Queen-squnre Chapel, freehold -sold for These were the two points on which they hoped which they alleged to be an infringement of their
By Messrs. Epix Fox and BoUSFIELD. Government would satisfy them, and he trusted patent, wrote to R. to obtain formal proof on Clapton.--Comsholi residence, known as "The Hollies," that the discussion would be made to secure this which to found legal proceedings, which R. fur- with stabliug -solil for 11910. result. He very much regretted that the Chan- nished to them. They subsequently issued a
Isle of Wight, Ventuor.- Florence Villa, leasehtla-sold for cellor of the Exchequer had not been present on circular to the trade stating that they had notice Tottenham.- Xo. :, Markfield-road, freehold-roll for £10). this occasion, and that the subject, which was of an intended infringement, and threatening propeculiarly the business of the Chancellor of the ceedings in every case. On being pressed by R. Exchequer, had been left to be dealt with by the to bring an action to determine the validity of
MAGISTRATES' LAW, Home Secretary.--Mr. BAXTER.–The Chan- the patent, they refused to do so, but continued cellor of the Exchequer has been present the to issue the circulars. It was proved that these
NOTES OF NEW DECISIONS, whole of the evening, and only left a few minutes circulars injured R.'s trade : Held, under the BASTARDY-ORDER QUASHED ON APPEAL FOR ago. -Mr. DISRAELI.-Why did he not speak? | above circumstances, that the patentees were WANT OF CORROBORATIVE EVIDENCE-DECISION
- Mr. BAXTER.- Because the Home Secretary bound either to bring an action or to cease from FINAL.—The adjudication of a court of quarter had stated so fully and exhaustively the views issuing the circulars ; and upon their refusing to sessions, quashing an affiliation order after the of the Government on the subject. As to the bring an action, an injunction was granted re- merits of the case have been heard on appeal remarks of my hon and gallant friend the member straining the issue of the circulars : (Rollins v. is final, and bars any subsequent application to for Sussex, I may say the Government accept in Hinks, 26 L. T. Rep. N.S. 56 : V.C. M.)
justices in respect of the same cause of com. the fullest sense the responsibility to which he
PRACTICE - BANK OF ENGLAND -- EVIDENCE plaint. The mother of a bastard child took out a refers.--Sir M. LOPES then withdrew his motion.
OF DEATH OF STOCKHOLDER.–14 & 15 VICT. summons in obedience to which the person therein Blonday, March 18.
c. 93, s. 16.-In order to prove the death of a alleged to be the putative father appeared before
stockholder, having a joint account, to the satis- three justices, who after hearing both parties and STATUTORY DECLARATIONS.
faction of the authorities of the Bank of England, witnesses on either side, made an atliliation order Viscount Bury asked whether the regulations it is necessary that the burial certificate should upon the defendant, against which he appealed to in force at the Mansion-house as to these declara: be accompanied by a declaration proving its exa- quarter sessions. There the respondent and two tions were according to law ? In answer to a mination with the register, and an affidavit or witnesses, on her behalf, were examined and crossquestion which he had put on Friday his hon. and declaration of identity. The court will not inter examined, and at the close of her case the court learned friend the Attorney-General had stated fere with the discretion the bank with regard decided that no sufficient corroborative evidence that the Act imposed a statutory duty on a magis. to such proof, notwithstanding its practice is had been given to support her testimony, and, trate, and left him no option with respect to refus different : (Prosser v. The Governor and Company therefore, quashed the order. She afterwards aping to receive a statutory declaration, or to neglect of the Bank of England, 26 L. T. Rep. N.S. 60. plied to justices and obtained another summons the discharge of any duty imposed on him by law. V.C. W.)
to the defendant, but when the case was about to Now, there was clearly some discrepancy between WRITTEN CONTRACT-ORAL EVIDENCE TO EX
be heard his counsel submitted that it was res the law as laid down by the Attorney-General and PLAIN-WEEKLY HIRING.–The plaintiff entered judicata. The justices agreed in thinking that the the practice to which he had called åttention. He the defendant's service under an agreement in decision of the quarter sessions was conclusive, had, he might add, received a letter, in which it writing in the following terms : "13th April 1871. and refused to hear the case: Held, that they were was stated that the alteration at the Mansion. I hereby agree to accept the situation as foreman right : (Reg. v. Glynne, 26 L. T. Rep. N. S. 61. house Court had not been made in consequence of of the works of Messrs. Roe and Co., flock and Q.B.) any recent case, and that it had been in force since shoddy manufacturers, &c., and to do all that Costs OF PROSECUTION-MANDAMUS TO THE 1865. - The ATTORNEY GENERAL said there was lays in my power to serve them faithfully, and Lords OF THE TREASURY.—By 7 Geo. 4, c. 64 a slight inconvenience in prefacing a question by promote the welfare of the said firm, on my ss. 22 & 23, an order for the payment of costs of soinething approaching a legal argument. To the receiving a salary of £2 per week, and house to prosecutions may be made by the courts before statement he had made on Friday he had nothing live in from 19th April 1871." Held, that this which they are tried. By sect. 24 the order for to add, nor had he anything to withdraw from it. was prima facie a weekly hiring, and that oral payment is to be made by the officer of the court Ho certainly did not mean to state, nor did he evidence was inadmissible to show that it was upon the treasurer of the county, who is thereby believe he had stated, that if a magistrate intended that the hiring should be for a year : authorised and required upon sight of every such chose to take on himself
full inquiry, (Evans v. Roe and another, 26 L. T. Rep. N. S. order forth with to pay the money in such order and had the means of satisfying himself that 70. C. P.)
mentioned, and shall be allowed the same in his such inquiry was complete and satisfactory, he PATENT-NEGLIGENCE IN PATENT AGENT-accounts. By sect. 26 the justices at quarter ses. would not be justified in refusing to receive such IGNORANCE OF THE LAW.—The defendant, a sions were to make regulations as to costs. By a declaration as that to which the noble lord had patent agent, nearly a year after the decision of 14 & 15 Vict. c. 55, ss. 4 & 5, the power of quarter referred, or any other declaration. What he said Lord Chancellor in Ee parte Bates and Redgate sessions to regulate costs of prosecutions was was that the law cast on the magistrate the duty 21 L. T. Rep. N. S. 410; L. Rep. 4 Ch. App. 567), transferred to the Secretary of State. of taking a statutory declaration which the obtained provisional protection for an invention nual Appropriation Acts since 1835 there has been smallest consideration must enable him to know of the plaintiffs (his principals), and then allowed a grant of a gross sum each year for charges for. often contained matter highly objectionable with five months to elapse before taking final steps to merly paid out of county rates. By 29 & 30 Vict, regard to individuals. In order that a magistrate have the patent sealed, in consequence of which c. 39, s. 14, when any sum shall have been granted should satisfy his mind that he ought or ought delay a second inventor succeeded in obtaining a not to receive a statutory declaration he must patent for the same invention, although pro- expenses for any specific public services, it shall
to her Majesty by an Act of Parliament to defray go through it, unless he was willing to take visionally specified at a later date, and the Attor. be lawful for her Majesty from time to time,
By the An.
by her royal order under the royal sign manual, to the clerk of assize to have his costs taxed, the REAL PROPERTY AND countersigned by the Treasury, to authorise and officer allowed the attorney's costs for preparing
CONVEYANCING. require the Treasury to issue, out of the credits the brief, &c., but not the fee for the brief, obserto be granted to them on the Exchequer accounts, ving, that the attorney's clerk had been told he the gums which may be required froin time to time had better not deliver the brief until it was seen
NOTES OF NEW DECISIONS. to defray such expenses, not exceeding the amount whether the bill was found. The Lord Chief
LANDLORD AND TENANT — MORTGAGE OF of the sums so voted or granted. The accounts Justice being referred to by the officer ap- REVERSION-PAYMENT OF RENT IN ADVANCE of costs of prosecutions in the county of Lancaster, proved his judgment. The attorney, however, ATTORNMENT.-The 4 Anne, c. 16, s. 10, provides after having been duly taxed by the proper officers, was not satisfied, and Mr.. Grantham, the that no tenant shall be prejudiced by payment of and paid ont of the county rates, were re-taxed by counsel he had retained, applied to the Lord rent to any grantor, or by breach of any condition officers of the Treasury, and part of them were dis. Chief Justice to reconsider his opinion on the for non-payment before notice shall be given him allowed. The justices of the county obtained a rule point, pressing upon him the importance of of such grant by the grantee. A., having granted nisi for a mandamus to compel the Lords of the counsel having their briefs in time to read them
a lease for five years to the defendant from Mid. Treasury to pay the dissallowed balance to their and prepare themselves before ths bill was found, summer 1864, persuaded defendant to pay his rent treasurer: Held, that the Lords of the Treasury The Lord CHIEF JUSTICE, however, inquired to him for more than four years in advance. In had no right to tax these costs after they had been who directed the attorney to conduct the prosecu. 1865 A. mortgaged the reversion of the premises allowed by the proper officers ; but that this court tion, and finding that the magistrates had done so, to the plaintiff. The plaintiff, in Nov. 1866, rehad no jurisdiction to issue a mandamus to compel said his power as to costs was limited to the quested the defendant to pay rent to him in future, the Lords of the Treasury to pay the balance : actual prosecutor.
but omitted to state that he was mortgagee of the (Reg. v. The Lords of the Treasury, 26 L. T .Rep. Grantham urged that the attorney was clerk to reversion, and the defendant took no notice of the N. S. 61. Q.B.) the magistrates who directed the prosecution.
notice to pay rent. In an action to recover the The LORD CHIEF JUSTICE.-So much the worse.
rent due for two and a half years from Midsummer He is the very person who ought not to have 1866 to Christmas 1868 : Held, that the notice, LEWES SPRING ASSIZES.
anything to do with the prosecution. It gives together with the collateral circumstances, were HOME CIRCUIT.
him a sinister interest in the prosecutions which sufficient to put defendant in possession of the Wednesday, March 20.
he ought not to have, and an indirect motive to fact that plaintiff was the mortgagee ; and that Costs of prosecution-Fees to counsel-Delivery of get prisoners committed for trial.
although all prepayments prior to the giving of Granthan urged that it was not until after the such notice were payments of rent as against the briefs.
prisoner was committed for trial that the clerk to plaintiff's claim, yet the plaintiff was entitled to The business of the assizes is concluded. The the magistrates was directed to prosecute. recover rent from the date of the notice: (Cook v more serious charges broke down (except two or
he three not of a nature to mention), and the failure knows that he is always to conduct the cases it Guerra, 26 L. T. Rep. N. S. 97. C. P.) of one of them raised an important question as to gives him a direct interest in having prisoners the allowance of costs of prosecutions, and a still committed for trial. more important question as to the proper parties Grantham urged that the fees allowed were not
MERCANTILE LAW. to conduct them. The bill for child murder of sufficient amount to operate as an inducement was thrown out, there being nothing to con to a respectable practitioner.
NOTES OF NEW DECISIONS. nect the woman charged with the child found, The LORD CHIEF JUSTICE observed that the
CONTRACT–SOLD NOTE-SALE OF CARGOand the same deficiency in the evidence operated' whole system was bad and required revision. In against a charge of concealment of birth. the present instance, he could not, he said, direct EXPECTED TO ARRIVE BY A PARTICULAR SHIP: The prosecution, however, had been directed by the payment of any costs to the attorney, as he
-Defendants, merchants at Liverpool, purchased the Bench of magistrates at Uckfield, and the had not been retained by the prosecutor, the super- 600 tons of nitrate of soda, through their agents superintendent of police was bound over to pro- intendent of police. Here the magistrates directed at Valparaiso, who chartered the vessel Precursor secute, and the clerk to the Bench was directed to the prosecution, and directed their clerk to conduct to bring it to England, and informed the defenconduct the case, which he accordingly did. He it. This
was a vicious system which had been put dants of this by letter. The defendants then prepared a brief for counsel, and his clerk applied an end to in a county with which he had been con
entered into the following contract with the plainto the clerk of assize (who is the taxing officer) to nected. However, in this case he would make no
tiff : “ We have this day sold to you about 600 tons, know what fee would be allowed. The officer said order, and would leave it to be settled by the
more or less, being the entire parcel of nitrate of he did not think it would be proper to deliver the officer after more particular inquiry into the cir. soda expected to arrive at port of call, per Prebrief until it was seen whether the bill was found. cumstances.
cursor, at 12s. 9d. per cwt. Should any cirNevertheless, the brief was delivered to the counsel The parties accordingly went
before Mr. Avory, | the nitrate, or should the vessel be lost, this con
cumstance or accident prevent the shipment of usually employed by the attorney, and the fee- the deputy clerk of assize, whose experience in marked, it was said, four guineas-was paid. The such matters is well known on this circuit, and he, tract to be yoid.” The greater part of the nitrate grand jury, however, threw out the bill, and though or his assistant, allowed the fees, on the ground, of soda had been, in the mean time, whilst lying it was then suggested that they might find a bill as our reporter understood, that it was the usual, at the port of loading, destroyed by an inundation for concealment of birth, yot, as already stated, the practice to allow the fees on briefs delivered caused by an earthquake, and the charter of the same deficiency in the evidence which operated before the bills were found, and that the circum- Precursor cancelled by the defendants' agents at against the charge of murder operated equally stances in this case were not sufficient to justify Valparaiso. These agents, on hearing from the against the charge of concealment. Indeed, one a departure from the ordinary course. The reason
defendants of their contract with the plaintiff, could not see on what evidence the charge was of the practice was stated to be that counsel may subsequently purchased another. 600 tons of founded or the commitment had proceeded. The be prepared in the event of the bills being found. nitrate of soda, obtained a transfer of a fresh prisoner had had a child, and the body of a Upon this subject it may be mentioned that there charter of the Precursor, and sent the nitrate of child was found that seemed all ; and of is none upon which the practice more varies in soda to England. On its arrival, the plaintiff grand jury, suggested that the bill should be of delivering briefs to counsel. In some cases chasers, whereupon the plaintiff brought an action course the Lord Chief Justice, in charging the different counties, or even in the same, than this claimed this cargo, which the defendants refused
to deliver, having previously sold it to other pur. thrown out, as it was. When the attorney came counsel are always retained, in others hardly ever.
on the above contract: Held (affirming the judg. ment of the Queen's Bench), that the plaintiff
was not entitled under his contract to claim the BOROUGH QUARTER SESSIONS.
nitrate of soda which arrived by the Precursor.
(Smith v. Myers and another, 26 L. T. Rep. N. S. Borongh.
103. Ex. Ch.)
appeal to be given.
W. T. Greenhow, Esq... 5 days
H, T. Sankey.
BRADFORD COUNTY COURT.
(Before W. T. S. DANIEL, Q.C., Judge.)
Friday, March 8.
LAWFORD V. OGDEN.
G. H. E. Rundle.
Breach of contract by non-delivery-Resale by
H. C. Lopes, Esq., Q.C. Statutory. T. J. Bremridge. vendor without notice-0.jjer by vendor before Leeds Thursday, April 4. J. B. Maule, Esq., Q.C.. 10 days
action of goods of same quantity, quality, and Newcast-un-Lyme. Friday, April 5
T.C.S.Kynnersley, Esq. 3 days
J. W. Ward. Portsmouth
price, rejected-Nominal damages-19 & 20 Vict. Friday, April 12 Mr. Serjeant Cox
c. 97 8. 2.
W. Winterbotham. This was an action to recover £9 6s. 3d. as Wigan ..... Wednesday, May 1 J. Catterall, Esq..
damages for breach of contract by defendant in not delivering certain wool purchased by the plain.
tiff, under the following circumstances: On the COMPANY LAW.
after making such payments, they drew out the 16th Nov. last, the plaintiff, a manufacturer at amounts of their fees as directors. In Jan. 1868 | purchased of the defendants, who are wool mer
Heckmondwike, through an agent at Bradford, NOTES OF NEW DECISIONS. the company was ordered to be wound-up: Held, Power TO PAY CALLS IN ADVANCE-ADVANCE in satisfaction of calls, and that the directors and paid 215 on account. The wool had to be
that these payments could not be treated as made chants, three bags of Girling wool at 3d. per lb., BY DIRECTORS FOR PAYING THEIR OWN FEES.
weighed before delivery, and the invoice with The directors of a company were, by their articles must be settled upon the list of contributories : weight and amount was to be sent. The wool was of association, authorised to receive from any of (Ex parte Sykes, 26 L. T. Rep. N. S. 92. V.C. B.)
accordingly weigned, and amounted to 2325lb. the shareholders willing to advance the same, all
and the invoice price was £27 9s. On payment of or any part of the amounts of their respective
the £15 the defendant gave the agent a receipt, shares beyond the sums actually called for. They
BREAKFAST.-Epps's Cocoa - GRATEFUL AND COMFORT- stating the “wool to be delivered to-morrow, and were also empowered to set apart and receive for ING: -"By a thorough knowledge of the natural laws
which their remuneration a certain minimum sum on the and by a careful application of the fine proverties of action between the parties, and it is usual in such
govern the operations of digestion and nutrition, the balance paid after.”. This was the first trans. 1st. Jan. of every year. The company being in well-selected cocoa, Mr. Epps has provided our break cases before delivering wool to require either pay. very embarrassed circumstances, although there fast tables with a delicately.flavoured beverage which ment or a satistactory reference. The defendants was a large amount of uncalled capital, the direc- may save us many heavy, doctor's bills." - Covil Service misapprehended the effect of the receipt given, tors, at various times between Oct. 1865 and Aug. Gazette Model simply with Boiliug water or Milk. Each and required payment of the balance before sending 1866, paid up in advance of calls the amounts for packet is labelled -"JAMES EPPs and Co., Homeopathic the wool. And on the 17th Nov. wrote to plaintiff
Chemists, London." Also, makers of Epps's Milky which they were respectively liable. Immediately Cocoa (Cocoa and Condensed Milk).
asking for payment of the balance, and offering to
What notice of
Clerk of the Peace.
send off the wool. The plaintiff did not reply to this being common carriers, had failed to carry and denote, and made it both the right and the duty of letter. On the 23rd Nov. the defendant wrote liver the goods in a reasonable time after they re- the defendants to sell the goods, and this they did again to the same effect, but received no reply. ceived them; and the plaintiff, in consequence of to the best advantage, and the proceeds have been At this time wool had not risen in price. In Dec. such failure, having refused to receive them when paid into court. As cases of this descripand Jan. wool rose in price, and the defendants, tendered, lost the profits of a sale. The defendants tion are occasionally occurring, and persons treating the contract as broken by the plaintiff, paid L12 into court (and a proportionate amount of in the situation of the plaintiff fancy them. resold the wool without notice to him. No costs), being the amount the goods realised on sale selves injured, I would observe that if parties further communication took place between the by them. The case arose out of the following cir- | want to have goods delivered at a particular parties until the 29th Jan. 1872, when the agent cumstances :- The plaintiff is a butcher at Brad time at a particular place for some special purpose who had bought the wool called at the defendant's ford, and was in the habit of sending fresh meat for of their own, they must enter into a special conwarehouse, offered the balance, and required de sale on Saturday, at Mirfield, a village about tract with the carrier for the purpose, and the livery of the wool. He was then told the specific twelve miles from Bradford, where there is a carrier will then be entitled to charge accordingly, wool had been sold. On the 30th Jan. the defen- station on a branch line of the defendants' com- Here the plaintiff wants the benefit of a special dants wrote to plaintiff, offering to let him have pany. There is no public market at Mirfield, but contract, paying only the ordinary fare — he the Girling wool. This letter was not answered the plaintiff had for some weeks previously to the wants the benefit without the burden. The by the plaintiff, but on the 31st his attorney wrote transaction in question opened a private shop and cases of Hughes v. Great Western Railray Come to the defendants, demanding payment of £9 6s. 3d. stall near the station for the sale of meat on pony (23 L. J., N. S., 153, C. P.), Great Northern as damages for breach of contract (being the Saturday, and he had generally commenced his Railway Company v. Taylor (L. Rep. 1 C. P.385), difference in price in wool of the description sold sale between nine and ten a.m., and finished about and Lord v. Midland Railway Company (L. Rep. between the 16th Nov. and the 29th Jan.), and midday. He had upon several previous occasions 2 C. P. 339), are authorities which warraut this demanding repayment of the £15. In reply the sent his meat from Bradford on the Friday after decision. defendants' attorney remitted the £15 without noon by the defendants' railway, to be despatched prejudice, and offered the plaintiff Girling wool of by goods train, and charged at the ordinary goods the same quantity, the same quality, and at the rate, and with one or two exceptions he had found
BANKRUPTCY LAW. same price as that sold on the 16th Nov. This the meat ready for him at the Mirfield station hy offer was not accepted, and without any further 8.30 a.m. on Saturdays, and he calculated upon its communication from the plaintiff or his attorney, arriving at about that time, with a view to his
NOTES OF NEW DECISIONS. the summons in this case was issued on the 21st sales, as arranged. On Friday the 25th Nov. last
BILL OF SALE-ACT OF BANKRUPTCY — AsFebruary. the plaintiff delivered to the defendant's carter to
A DEBTOR'S His Honour said: There has undoubtedly take to their station at Bradford a quantity of fresh
AVAILABLE PROPERTY TO SECURE PAST DEBTbeen a breach of contract by the defendant, meat (beef, mutton, and pork), weighing5cwt.1qr., EAST INDIA COMPANY PENSION EXCEPTED and the plaintiff is entitled to judgment, but consigned by himself from Bradford to himself at TRADER AND NON-TRADER-FRAUDULENT Conunder the circumstances, the damages will be Mirfield to be forwarded as goods, on conditions
VEYANCE BANKRUPTCY ACT 1869, 8. 6, SUBnominal. If the plaintiff's contention is correct, stated at the back of the consignment note, one
SECT. 2.-A debtor by a bill of sale assigned to a the breach of contract was committed on 16th of those conditions was as follows: All perish- creditor in consideration of a then existing debt, Nov. by not sending the wool as mentioned in the able articles refused by the person at the place and without any present consideration, the whole receipt, but on that day wool had not risen in to which directed . . . will be forthwith sold by of his property, except a pension of 10s. 6d. a day, price. The defendant appears to have misunder. auction or otherwise without any notice to sender to which he was entitled as a military officer stood the effect of the receipt, not having kept or consignee; and payment or tender of the net retired from the service of the East India Com. any copy, and treated the plaintiff as in default by proceeds of such sale, after deduction of freight, not remitting the balance, or taking any potice charges and expenses, shall be accepted as equiva- against the trustee under the bankruptcy of the
pany: Held, that the bill of sale was void as of his application for it. Their subsequent re- lent to delivery. The company will not be re- debtor, as it was practically an assignment of the sale of the wool without notice, to the plaintiff sponsible for any claim upon any such articles on was also unauthorised--they had no right to the ground of loss of market, provided the same debt, the pension not being property which would
whole of the debtor's property to secure a past rescind the contract without notice even if they be delivered within a reasonable time after they pass to the trustee. Per Lord Justice Mellish :had not been in default themselves, as the plaintiff came into the possession of the company.” The Under the Bankruptcy Act 1869, s. 6, subsect 2, it contended they were, by not sending the wool as meat which was expected to arrive at Mirfield at is immaterial whether the debtor, making a fraudu. promised by the receipt without waiting for the 8.30 on the morning of the 26th did not arrive till lent conveyance of his property, is a trader or not balance. On the 29th Jan., when wool had risen 10.55, and was tendered for delivery to the Semble, that in such a case it is not neressary to thirty per cent. or 1d. a pound, the plaintiff treats plaintiff at his stall at 11.25 ; but he then refused the contract as still unbroken, and upon being to receive it, stating that his customers were making the conveyance : (Ee parte Hawker, be
prove actual fraud on the part of the debtor told that the wool had been sold by the defen- gone, and added that the company had been late Keely, 26 L. T. Rep. N. S. 54. Chan., dant, sought to take advantage of a breach as in their delivery before, and he would now make committed on the 29th Jan., and to charge the de. them pay. He offered the station master to take fendants with the difference of price on that day. the meat if he would sign an undertaking that the
LIVERPOOL COUNTY COURT. The defendants offered the next day to supply the company should pay any loss he might sustain upon wool, and by their attorney's letter of the 1st the sale of the meat. The station master declined
Saturday, March 9. Feb. (returning the £15 without prejudice) offered to do this; and having telegraphed to his prin
(Before Serjeant WHEELER, LL. D., Judge.) in distinct terms to supply the plaintiff with wool of cipal for instructions, he offered the meat for sale, Ex parte HONEY AND ANOTHER; Re WILLIAMS. the same quantity, quality, and price. The offer, if and after some trent.y sold it to a person named Bankruptcy Act 1869, s. 15—Goods on the premises accepted, would have placed the plaintiff in the Terry for £12, which was the best price he could of a trader without any special mark upon them same position as he would have stood on the 16th get. After Terry had bought the meat the plain. to distinguish them from the rest of his stock. Nov., when the breach was committed, if he had tiff offered to buy it again from him at a price Held, on bankruptcy oj trader to be in his order then gone into the market and bought. No evi, which Terry refused; the plaintiff lent Terry his and disposition. dence was offered to show that the plaintiff had stall and conveniences for sale, and Terry sold all This was a motion argued some time ago, uron suffered any special damage by non-delivery on the meat the same evening, and realised a con- which the court had reserved its judgment. The the 16th Nov., and as the defendants offer siderable profit. Terry stated in evidence that facts and argnments are there fully set forth. on the 1st Feb. (nearly three weeks before there was plenty of demand for the meat, His HONOUR said, this was a motion by Mr. the summons was issued) if it had been ac. and the plaintiff could have sold it in the after Bolland, the trustee of Mrs. Williams for an order cepted, would have placed the plaintiff in the same
at a fair profit, before he left Mirfield, if he upon Mesrrs. Honey, Baggs and Co., the trustees position as regards any loss as if the contract hnd received it when tendered by the company. of Jeffrey and Co. to pay over to them the sum of had not been broken, or, treating it as broken on The goods were forwarded by the company in the £363 8s. 3d., the proceeds of the sale of certain the 16th Nov. he had on that day bought similar usual course, and the delay in the arrival of the stock-in-trade alleged to be the property of the wool in the market. I think for these reasons he goods train at Mirfield was not shown to be the re. bankrupt Williams. Mr. Gully appeared as coun, is only entitled to nominal damages. The claim sult of any negligence on the part of the company, sel for the trustee of Mrs. Williams, in support of is, in truth, for the increased cost of an imaginary but was the unavoidable consequence of the traffic. | the motion, Mr. Wheeler for the trustees of purchase by way of penalty, not for damages It appeared in evidence that there was no goods Messrs. Jeffery and Co. against it. It seems that really sustained by breach of the actual contract. train despatched from Bradford to Mirfield on the for some time prior and up to the month of April, Damages are intended as compensation for loss, 25th Nov., after the meat was delivered ; but the 1867, a Mrs. Aspinall carried on business as a dealer not penalty for breach. The 19 & 20 Vict. c. 97, meat having been placed in a separate van for in baby linen in Old Bond-street, and in that sect. 2., provides specific relief for a plaintiff who Mirfield, was, according to the usual course, taken month became insolvent, being indebted at the is really damnified by non-delivery of specific by a pilot engine to the Low Moor station in the time to Jeffery and Co. in a large sum. On the goods pursuant to contract. Here this specific course of the night, and placed upon a siding there 27th of the month, Jeffery and Co.,
into whose relief was offered and refused.
ready to be taken up on the Saturday morning by hands the estate of Mrs. Aspinall had passed,
the goods train from Goole to Mirfield. This train, entered into an agreement with Mrs. Williams March 5 and 12,
subject to delays occasioned by traffic, is expected that she should succeed to the shop and premises
to arrive at Low Moor station at 7.30 a.m., and, if in Bond-street, the value of the stock, after certain CLARKE V. LANCASHIRE AND YORKSHIRE
it arrives at that time, it may be expected deductions by way of discounts and drawhacks RAILWAY COMPANY.
at Mirfield at 8.20 a.m., but the evidence showed from the cost price, being assessed at 2760, to Common carrier-Ordinary contract to despatch that, owing to the unavoidable exigencies of which were added the sums following-fixtures
with due diligence, carry safely, and deliver in traffic, it was materially late at Mirfield, which blinds, and stop furniture, £246; house furreasonable time-Regulated by usual course of was its place of ultimate destination. I am niture, £40; lease and goodwill, £150; shop business and ordinary exigencies of trotjie--Rails of opinion that, under the circumstances thus improvements, £284; making together L1480, uay company not bound to deliver perishable established in evidence, the judgment must which sum was augmented by 21000 as the goods at a particular time and for a particular be entered for the defendants. They hav.2 per assessed loss on Mrs. Aspinall's debt to Jeffery market without special contract : (Hughes r. formed the contract they entered into with the and Co., making a total of £2180. The agree. Great Western Railway Company, 23 L.J., N.S., plaintiff, they despatched his goods with due ment provided that Mrs. Williams was to be 153, C. P.; Taylor v. Great Northern Railway | diligence, they carried them safely and tendered allowed two guineas a week for housekeeping, Company, L. Rep. 1.C.P. 385; Lord v. Midland them for delivery in a reasonable time after arrival. calculated to cover the maintenance of four per. Railway Company, L. Rep. 2 C. P. 339.)
The plaintiff's case has been rested upon a sup- sons, with an addition of 10s. 6d, a weck if a fifth Wilson (Lees, Senior and Wilson, Bradford) for posed right to receive the goods at Mirtield at a plaintiff.
person were found necessary; this allowance not particular hour, 8.30 a.m., that being the hour at to include gas, coal, wages for servants, or repairs. Robinson (Terry and Robinson, Bradford) for which he calculated they would arrive, and as She was to have a yearly salary of £60. The net defendants. His HONOUR. This action was brought to re.
being most convenient to himself, but his contract profits, after deducting all necessary expenses
with the railway company gave him no such right. rent at the rate of £150 a year, and interest on cover the sum of £25 9s. 10d., the cost price of cer. When the goods arrived in due course and were the money invested by Jeffery and Co., including tain perishable goods consigned to the defendants tendered to him he was in the wrong in refusing to the £1000 due from Mrs. Aspinall's estate-were to to carry, with the addition of the profits expected receive them, and thereby brought into operation be divided into two equal parts-on for the benefit to arise on sale, on the ground that the defendants, the special clause indorsed on the consignment of Jeffery and Co., in liquidation of their claim of
£1000, and the other for the benefit of Mrs. Wil such goods were, at the commencement of the LAW STUDENTS' JOURNAL. liams in liquidation of their claim upon her. I may bankruptcy, in the possession of Jeffery and Co., mention that, according to the evidence, there as reputed owners, with her consent, and therenever were any profits from the business, the fore belonged to and formed part of the estate of
GENERAL EXAMINATION. interest and expenses absorbing the whole pro- Jeffery and Co. Under these circumstances, I am
TRINITY TERM, 1872. ceeds. At the end of twelve months from the of opinion that their trustees are entitled to redate of the agreement, Jeffery and Co. were to be tain the sum in question, £368 8s. 32., the produce Rules for the E.camination of Candidates for a entitled to terminate it; but in that case Mrs. of the sale of the goods. But I also think that
Studentship, an Exhibition, or Honours, or CerWilliams was to be permitted remove her fur- the costs of all parties should come out of the tificates, entitling Students to be called to the niture, and was not to be liable for loss if any. fund, as the case appears to me to have been a
Bar. She was to furnish weekly accounts of business very proper one for inquiry.
An examination will be held in next Trinity done and of moneys received and paid, and to keep
Term, to which a student of any of the Inns of books to the satisfaction of Jeffery and Co.
Court, who is desirous of becoming a candidate Jeffery and Co. did not at the end of the twelve
for a studentship, an exhibition, or honours, or of months mentioned in the agreement put an end
obtaining a certificate of fitness for being called to to it, but, on the contrary, a memorandum was
THE REVISED STATUTES.-The editor of these the Bar, will be admissible. endorsed continuing the agreement, and it re- statutes writes-“That the third volume, carrying Each student proposing to submit hinself for mained in force up to the date of the bank. the work down to the union with Ireland (A.D. examination will be required to enter his name at ruptcy of Jeffery and Co. After it had | 1800), is nearly through the press, and may be ex. the Treasurer's office of the Inn of Court to which been entered into, Mr. Jeffery became responsible pocted to appear within two or three weeks from he belongs, on or before Wednesday, 8th May for the rent of the premises occupied by the present date. The time of publication of the next ; and he will further be required to state in Mrs. Williams, and in the year 1870 the Central successive volumes is necessarily dependent on the writing whether his object in offering himself for Railway Company gave her notice that they re.
progress of expurgation, which is carried on by examination is to compete for a studentship, exhi. quired them for railway purposes, and the con. Bills periodically presented to Parliament, for bition, or other honourable distinction; or whether pensation to be paid in consequence was arranged repealing the obsolete Acts. Meanwhile, the cost he is merely desirous of obtaining a certificate preby Mr. Jeffery, and the money received and re- of the revised edition to the public is not effected liminary to a call to the Bar. tained by him without question being made either by the time of publication; and it is my interest, at the time or since as to his right to do so, and
The examination will commence'on Saturday, as it is also my duty, to expedite the work as the 18th May next, and will be continued on the without any statement of account as to the money much as possible.” being either given or asked for.
Monday and Tuesday following:
NEWGATE Prison.—The following is the official the company required possession of the premises, report of the state of Her Majesty's gaol of New- and the doors will be closed ten minutes after the
It will take place in the Hall of Lincoln's-inn ; and the stock in trade of Mrs. Williams was then zate on Sunday, the 17th March :-Prisoners under time appointed for the commencement of the ex. removed by Jeffery and Co.'s men, and in the carts belonging to them, to Compton House-it is female; ditto ten years, 5 males; ditto seyen
sentence of penal servitude for 15 years, 1 male, 1 amination. said, in view of Mrs. Williams obtaining another years, 5 males, 2 females ; ditto five years, 8 males, conducted in the following order :
The examination by printed questions will be place of business. The goods were placed in a room in Compton House without any special or
1 female; prisoners whose judgment is respited, designating mark upon them. This room was ap5 males, 1 female; prisoners committed for trial,
Saturday morning, the 18th May, at ten, on 30 males, 5 females ; prisoners remanded for next
Constitutional Law and Legal History; in propriated to the reception of goods purchased, session, 9 males, 2 females ; prisoners for further
the afternoon, at two, on Equity. and in it goods intended for sale were marked, examination, 7 males, 3 females; prisoner insane
Monday morning, the 20th May, at ten, on and when marked were passed into the shop preupon arraignment, 1 male ; total, 71 males, 15
Common Law ; in the afternoon, at two, on mises for sale. The room was kept unlocked,
and females ; grand total 86. was, of course, accessible to the servants of Jeffery | male ; patients not in the infirmaries, 9 males, 2
In the infirmary, 1
the Law of Real Property, &c.
Tuesday morning, the 21st May, at ten, on and Co. Mrs. Williams had no key of the room. females. In this place the goods removed from Bold-street
Jurisprudence, Civil and International Law;
in the afternoon, at two, a paper will be continued until the bankruptcy of Jeffery and Co., which came before Vice-Chancellor Bacon on WedStock ExchANGE CONTRACTS.-In a
given to the students, including questions when they were taken possession of and sold by
bearing upon all the foregoing subjects of their trustees, realising the sum now in question. nesday, affecting the practice of the Stock Ex
examination. It appears that from time to time during the con: change, his Honour held that when a contract has
The oral examination will be conducted in the tinuance of the business of Mrs. Williams she had been made, subject to the rules of that institution, further goods supplied by Jeffery and Co. These a jobber who has purchased shares and passed a
same order, during the same hours, and on the gools were invoiced to her and entered against her name without objection, is freed from liability.
same subjects, as those already marked out for name in their books. She received no goods for
MR. GEORGE HASELTINE, M.A., American bar. the examination by printed questions, except that sale on her premises except those which came rister, now connected with an eminent firm of
on the afternoon of Tuesday there will be no oral
examination. from Jeffery and Co. During the whole term of London patent solicitors, gave evidence on Tuesher trading she gave acceptances for very large day before the Parliamentary " Select Committee
The oral examination of each student will be amounts to Jeffery and Co., those amounts having on Letters Patent,” upon the relative merits of the conducted apart from
the other students ; and the
character of that examination will vary according no reference to any accountings between the par- English and American patent systems. ties, or to the state of her indebtedness to the
as the student is a candidate for honours, the
By firm, or to the before-mentioned agreement; the Treasury minute dated 14th Dec. 1971, the Channa studentship, the exhibition, or desires simply to lady accepting from time to time, without inquiry, cellor of the Exchequer informed the board that the general examination.
obtain a certificate of having satisfactorily passed whatever bills were sent to her for acceptance, no Her Majesty's Government had agreed to the statement of account being made between the following resolutions respecting the terms upon
The oral examination and printed questions will parties, or any balancing or settlement come to, which the law officers of the Crown (except Sir be founded on the books below-mentioned ; regard and the acceptances, when due, being provided for John Duke Coleridge, in whose case no change is being had, however, to the particular object with as of course by Jeffery and Co., without any resort to be made) shall in future be remunerated for
a view to which the student presents himself for had or suggested to Mrs. Williams. In the mean their services, that is to say: "1. Except as afore
examination. while she rendered weekly accounts, as provided said, the Attorney-General shall receive £7000 In determining the question whether a student by the agreement, of the business done and of the a year for non-contentious business, and the has passed the examination in such a manner as moneys received and paid by her, and she received Solicitor-General £6000 a year. 2. All fees paya- to entitle him to be called to the Bar, the ex. weekly her housekeeping allowance of two guineas, ble for non-contentions business shall be paid into aminers will principally have regard to the general and her salary she received monthly. Thus matters the Exchequer
. 3. The law officers shall receive knowledge of law and jurisprudence which he has continued, the agreement being in force the whole fees for contentious business, and for opinions displayed. time, up to the bankruptcy of Jeffery and Co. connected with it, according to the ordinary pro- A student may present himself at any number of The acceptances given by Mrs. Williams included fessional scale. 4. All complimentary briefs and examinations, until he shall have obtained a certhe purchase money mentioned in the agreement; payments for services not intended to be given tificate. but whether any particular acceptance was for shall be abolished. 5. The salaries above men- Any student who shall obtain a certificate may that sum, or whether it formed part of several tioned shall be voted by the House of Commons.” present himself a second time for examination as acceptances, does not appear. It will be observed The Chancellor of the Exchequer further informs à candidate for the studentship or exhibition, but that the agreement states that Messrs. Jeffery the Board that, in order to give effect to these only at the general examination immediately sucand Co, were to receive payment of the purchase resolntions on the appointment of Mr. Jessel to be ceeding that at which he shall have obtained such money by bill, to be accepted by Mrs. Williams, Her Majesty's Solicitor-General, he communicated certificate ; provided, that if any student so prepurchase money was relied upon
to that gentleman, and Mr. Jessel accepted the senting himself shall not succeed in obtaining by the learned counsel for her trustee as showing following more detailed and explicit terms, that the studentship or exhibition, his name shall not that there was a change of property by the agree- is to say :-“1. That the letters patent appointing appear in the list. ment, and that it then became and thenceforth him should run in the same terms as those of his Students who have kept more than eleven terms continued Mrz. Williams's. But, of course, in con- predecessor in office. 2. That for the perfor. shall not be admitted to an examination for the struing the agreement, or the terms contained in mance of all his official duties which are non-con- studentship. it, the whole document must be looked at, and it tentious, as distinguished from those requiring The Reader on Constitutional Law and Legal is immaterial what may be the strict import of or connected with his attendance as a barrister in any particular phrase if, taking the whole scope court, he should receive a salary of £6000 per
History proposes to examine in the following and term of the document, it be clear that that annum, to be annually voted by Parliament, in
books and subjects :was not the sense which the parties intended it to lieu of the fees hitherto pavable to the Solicitor
1. Hallam's History of the Middle Ages, c. 8. bear when they used it. It appears to me that the General for such duties. 3. That so far as such 2. Hallam's Constitutional History. facts of this case are inconsistent with the conten- fees had been hitherto paid out of public moneys 3. Broom's Constitutional Law. tion that the agreement confers, or was intended and charged to the accounts of the several estab- 4. The concluding chapter of Blackstone's Comto confer, any right of property upon Mrs. lishments of Her Majesty's service, such paymentaries on The Progress of the Law. Williams except in an event which never hap-ments should be discontinued ; and so far as Mr. Candidates for the studentship, exhibition, or pened, or that, pending that event, there was any Jessel might receive such fees through other honours will be examined in all the above books change of property. And the same view, in my channels, he should account for them to the Lords and subjects. mind, applies to the subsequent alleged purchases Commissioners of the Treasury, and pay them Candidates for a pass certificate will be exaby Mrs. Williams, which were really the mere over as the said Lords might direct. 4. That as mined in 1 and 3 only, or 2 and 3 only, at their transfer to her, for the purpose of sale, of por. regards the contentious duties of his office, and as option. tions of the stock of Compton House, the shop in regards his official attendance in the House of Bold-street being, in fact, for the time, merely a Lords
, no briefs should be delivered
or fees paid The Reader on Equity proposes to examine in the fort of branch establishment to Compton House. to Mr. Jessel unless he is expected to perform
following books :It appears to me, moreover, that, supposing the actual personal service, and that for such service 1. Haynes' Outlines of Equity ; Smith's Manual property in the goods on the premises had in fact personally performed' his fees should be paid of Equity Jurisprudence; Snell's Principles of been changed, and become vested in Mrs. Williams, according to the ordinary professional scale." Equity, or Goldsmith's Doctrine and Practice of
and the term