REAL PROPERTY AND NOTES OF NEW DECISIONS. CONTRACT FOR PURCHASE-CONVERSION.J. H. entered into a contract for the purchase of real estate, but died intestate before completion, under a clause contained therein, enabling him to do so in case the purchaser should make any requisition with which he should be unable or unwilling to comply: Held, that at the time of the intestate's death a contract existed, which might have been enforced by the vendor, and that the heir of the intestate being entitled to the benefit of that contract, he was entitled to be paid the amount of the purchase money out of the personal estate: (Hudson v. Cook, 26 L. T. Rep. N. S. 180. M.R.) and the vendor afterwards rescinded the contract the defendant would have been justified in abating the nuisance: (Hill v. Cook 26 L. T. Rep. N. S. 185, C. P.) MARITIME LAW, THE LAW OF NATIONS-NOT OF A PAR TICULAR STATE OR COUNTRY. IN the case of the Patria, reported in 1 Asp. Mar. Law Cas. N. S. 77, Lloyd v. Guibert was relied on as deciding that, unless otherwise expressly provided, the law of the country to which the ship parties have submitted themselves. Butt, Q.C., belongs must be taken to be the law to which the replied: "If Lloyd v. Guibert decides that the genuniversal maritime law binding on all nations in eral maritime law admitted in England is not a time of peace, but a law to be derived from the practice and decisions of England, the decision is Phillimore, in deciding, said, "I have been much wrong and not binding upon this court." Dr. pressed by counsel for the plaintiffs to pronounce EASEMENT-EXCESSIVE USE OF PROPRIETOR that the decision of Lloyd v. Guibert is not bindOF DOMINANT TENEMENT-PREVENTION. The ing in the Admiralty Court, and also, that the plaintiff, having a prescriptive right to a flow of judgment errs in ascribing to the Admiralty Court water, led by means of a gutter laid in a millstream the doctrine that the general maritime law is not a at a point where an ancient weir was erected, in time of peace, but a law which is to be derived universal maritime law, binding upon all nations lengthened the gutter for the purpose of irrigating more land. The flow of water down the defendant's from the practice and decisions of English tribumill-stream was diminished, and the defendant in nals. If it were to decide the latter point, with consequence pulled down the ancient weir, which all respect for the high authority of the tribunal prevented the water from flowing down the which delivered the judgment, I should have hesiplaintiff's gutter: Held, that no suspension of tated a long while before I assented to a posithe plaintiff's right to the enjoyment of the flow tion that there was not a general maritime law of water as it had formerly existed was caused by which, according to the comity of nations, was his having become a wrongdoer, and the defendant administered in the English as well as in the was not justified in stopping the plaintiff's exces-bered, and endeavoured to apply the law, upon foreign Admiralty courts, I should have rememsive user by means which altogether prevented his enjoyment of the water, but only in stopping which Lord Stowell, in the Gratitudinine, founded it by the least injurious means in his power. the authority of the master when acting as necesSemble, that if there had been a confusion of rights, the language of Lord Tenterden, in Simmons sary agent for the owner of the cargo, and have referred to the judgment of Story (De v. White, as to the division of average. I should Lovio v. Boit) as to the ancient laws, customs and usages of the sea, and considered whether there was not a general maritime law founded upon them and the recognised exposition of NOTES OF NEW DECISIONS. them, as wholly distinct from the common law WINDING-UP PRACTICE LIQUIDATOR of England as the law by which in cases of colRIGHT OF CONTRIBUTORY TO DISCOVERY. lision the Admiralty court finds both parties to Where an official liquidator is seeking to place on blame is distinct from that of the common law, the A list of contributories a person who trans- which, upon its own principles, refuses to allow ferred his shares prior to the commencement of any verdict to be given." The best definition of the winding-up of a company, the alleged contri- maritime law, as distinguished from the common butory is entitled to require the official liquidator law, is in the quotation on the title page of "Beneto make an affidavit as to documents in his posses-dict's American Admiralty." The worst civil sion relating to the particular shares in respect of code would be one which should be intended for which he is sought to be placed on the list, for, in all nations indiscriminately-The worst maritime seeking to place a person on list A, the official code, liquidator is acting in the interests of the company, and is therefore liable to be treated as an ordinary litigation in respect of discovery. But where the official liquidator is seeking to place a person on the B list of contributories, the alleged past member cannot require the official liquidator to make an affidavit as to documents in his possession; for liability to be placed on the B list is not a matter in which the company has any interest, but is a contest between pass shareholders and creditors, in which the official liquidator is merely in the position of a receiver, and cannot be treated as a party to the litigation for discovery or otherwise. An official liquidator stands in the position of a manager or receiver in a partnership suit, and it is his duty to hold an impartial hand between all persons whose interests are involved in the winding-up, and not only to give any such person access to the books and papers of the company in his possession, but also to give him every assistance and facility in finding out what books and papers are relevant to his case. Order of the Master of the Rolls discharged: (Gooch's case, 26 L. T. Rep. N. S. 177. L.JJ.) COMPANY LAW. MERCANTILE LAW. NOTES OF NEW DECISIONS. PRINCIPAL AND AGENT-BROKERS-CUSTOM OF TRADE- EVIDENCE OF ADMISSIBILITY CUSTOM OF ANALOGOUS TRADE. The plaintiffs, F. and D., sued the defendants, M. and W., who were fruit brokers in the city of London, employed by them, for not accepting a cargo of Chesme raisins, agreed to be sold by the following note, viz.: "Messrs. F. and D. We have this day sold for your account to our principal, to arrive per steamer from Trieste, fifty to seventy tons of Chesme raisins. . F. and D. to dtaw on M. and W. for £500 (if required), on handing equal value. . . . . M. and W., brokers." Held, that evidence was admissible of a custom in the fruit trade of London rendering brokers who sign such a contract for an undisclosed principal personally liable thereon, notwithstanding that they may subsequently declare the name of their principal. Held, also, that evidence of a similar custom in an analogous trade of the same city, viz., the colonial trade, might likewise be received: (Fleet and another v. Murton and another, 26 L. T. Rep. N. S. 181. Q. B.) 66 one which should be dictated by the separate interests, and influenced by the peculiar manners, of only one people.-Pardessus." This, no doubt, was the light in which Dr. Phillimore reviewed the case of Lloyd v. Guibert, and this is the view of all All American admiralty jurists.-New York Transcript. Feb. 17. COUNTY COURTS. DEWSBURY COUNTY COURT. (Before Mr. Serjt. TINDAL ATKINSON, Judge.) Rayner (Tennant and Rayner), for the defen- a The plaintiff, who is a mason and builder at Mirfield, sued the defendant, the Rev. Charles Halmshaw, for £5 10s., alleged to be due on the 5th March last, for one quarter's rent of a house occupied by the defendant as plaintiff's tenant up to 5th Dec. last. The point in dispute involved not only the present claim for £5 10s., but also the question whether the defendant was not bound to hold the premises and pay rent up to June 1873. The house had been formerly occupied by Mr. Whalley, who left the house in or about Jan. 1871, at which time the defendant arranged with Mr. Whalley to continue to occupy up to June last (when Mr. Whalley's tenancy would expire), and also agreed with plaintiff to continue as quarterly tenant from the 5th June last. The defendant had given to the plaintiff a notice on the 5th June that he would quit on the 5th Sept. Defendant stated that in the middle of August he asked plaintiff if he could stay another quarter," and the notice given on the 5th June was destroyed. The defendant on the 5th Sept. gave another notice to the plaintiff that he would quit, and he quitted and gave up possession accordingly on the 5th Dec. On behalf of the plaintiff, it was contended that the defendant was a yearly tenant, and that the notice to quit should have been given to expire in June next. That the notice given on 5th Sept. had been withdrawn, and that assuming the defendant to be only a quarterly tenant, the notice given by him on the 5th Sept. was bad, by reason of being a day too late. the tenancy was a quarterly tenancy; that the various points, and numerous cases cited, and LIVERPOOL COUNTY COURT. Retirement of Judge Blair. His HONOUR said: Upon taking my accus. tomed seat to-day I may briefly refer to the fact that since I was last in this court my friend and colleague, Mr. Blair, has ceased to be one of the judges. His retirement from the judicial office has been long contemplated by him on account of the illness from which he has been so severe a sufferer; but he was induced to delay his resignation in deference to the wishes of friends, myself amongst the number, and in the hope that his illness might pass away and a further term of public usefulness be permitted to him. That boon, unfortunately, had been denied, and he has deemed it his duty therefore to tender his resignation, which took effect on Monday last. After nearly fifteen years of public service in this court and in the other courts of the circuit (the duties of which have in that season been vastly augmented both in kind and extent), Mr. Blair retires into private life to enjoy-as all who know him well hope-in the autumn of his years a lengthened and happy repose. When I say that the public, in being deprived of his services, have lost a most efficient and conscientious servant, with whom the discharge of duty has at all times been the first and foremost consideration, I am convinced that I only echo the general and concurring voice of the community of Liverpool, and my own personal loss in being deprived of a colleague in whom I had such entire trust and confidence, and to whose advice I have been so much and so often indebted, which it is difficult, indeed impossible, to find language adequately to describe. It is only right to state that Mr. Blair, during his enforced absence from court, has been most fortunate in the deputy whose services he secured (Mr. Gilmour), and nothing can exceed the care and integrity with which that gentleman has devoted himself to the discharge of his public duties. I have received from Mr. Blair a letter, not written with any view to publication, which, although it contains reference to myself that I would fain pass over, I venture to read, because it expresses in better terms than I can use his feeling on the occasion of his retirement. Mr. Blair's letter is as follows :-" Curzon-park, Chester, April 2, 1872. My dear Wheeler, I have now ceased to be your colleague in the Liverpool County Court. Though for some time obliged from failing health to contemplate its necessity, the retirement from the office I have so long held, and the break. ing-off of those official relations which have subsisted between us so very pleasantly, and for so many years, are accompanied by strong regrets. But what must be, must be. I have to thank you for the very many kindnesses which I have received at your hands during the whole period of our joint office, and I trust your health may long be spared you in the discharge of the very onerous and increasing duties which are being cast upon the court. To my esteemed friends, the registrars and high bailiff, I am also deeply indebted for their kindness and courtesy during my judicial life. Indeed, from all connected with the court, I have experienced a consideration and kindness which I can never forget. To the gentlemen practising in the court I feel very grateful for their assistance in the administration of justice. The good feeling they have ever shown towards the Bench, and the mutual confidence that I am glad to feel has always subsisted between the Bench and the Bar, have much lightened the labours of the judges, and promoted the effective working of the court and the prompt despatch of business, to the great advantage of suitors. In taking, in my official capacity, farewell of the court, I wish all health, happiness, and prosperity, to you and to those with whom we have been so long professionally associated. I take with me many pleasant and kindly remembrances, and I am fain to hope many valued friendships, which I trust so long as life may be spared me I shall always retain.-Believe me, my dear Wheeler, very faithfully yours, JAMES KENNEDY BLAIR. Mr. Serjeant Wheeler." ever MARYLEBONE COUNTY COURT. (First Sitting of the new Judge, HENRY TYRWHITT JONES MACNAMARA, Esq.) ON Mr. Macnamara taking his seat, Mr. Clarke, as senior advocate of the court, rose and addressed him as follows: "I am desired, Sir, by my professional brethren to tender you our congratulations upon your appointment as judge of this court. It is a source of great satisfaction to us to know that we shall be presided over by a gentleman who has attained considerable eminence at the Common Law Bar, and we feel assured that you will well sustain the dignity of this court and be the first to suppress and repress any irregularity or malpractice. Sir, we are pleased and proud in being able to say that the Marylebone County Court, with respect to character and reputation, stands second to none in the metropolis. We hope and trust, and have no doubt but that the good feeling which has for very many years prevailed in this court between the Bench and the Bar will still continue, and we hope and trust that it may continue for many years to come under your Honour's direction and control. And now, Sir, I must trespass for a few moments upon a subject which comes like a shadow and casts a sombre reflection even upon this your inauguration; I allude, Sir, to the, I may say, almost sudden death of your late predecessor, Mr. McTaggart. He was performing his official duties at Brompton on Tuesday, and on the Friday he was no more. The suitors of this district, and I may say of this circuit, lost an able and amiable man. However, Sir, it was the will of Providence that he should be taken from us, and as to that will, man has no alternative but humbly to submit." His HONOUR thanked Mr. Clarke and the other members of the Bar for their kind congratulations, and said it would be his study that all matters should be conducted properly and with regularity; he also thanked Mr. Clarke for the kind and feeling manner in which he had referred to the death of his predecessor. BREAKFAST.-EPPS'S COCOA.-GRATEFUL AND COMFORT ING." By a thorough knowledge of the natural laws which govern the operations of digestion and nutrition, and by a careful application of the fine properties of well-selected cocoa, Mr. Epps has provided our breakfast tables with a delicately-flavoured beverage which may save us many heavy doctor's bills."-Civil Service Gazette. Made simply with Boiling water or Milk. Each packet is labelled-"JAMES EPPS and Co., Homoeopathic Chemists, London." Also, makers of Epps's Milky Cocoa (Cocoa and Condensed Milk). BANKRUPTCY LAW. LIVERPOOL COUNTY COURT. (Before Mr. Serjt. WHEELER, Judge.) Re COUSTON, THOMSON, ANd Co. can be no object in privacy. A petition had been presented for adjudication against the debtor, who was described as a cotton broker's clerk, residing at Fairfield, and the requisite to adjudication now sought was evidence of his having left England, thereby to found an act of bankruptcy. The present practice differs from that English and Scotch creditors. under the old system. Now, before a person can THIS firm carried on an extensive business at be adjudged bankrupt the creditor has to adduce Leith, Leeds, and in Liverpool, as wine and spirit prima facie evidence of a sufficient debt and of merchants. They presented their petition for the act of bankruptcy, and, having done so, the liquidation of their affairs by arrangement on the court issues its mandate, calling upon the debtor 26th Feb. last, under which a meeting of creditors to appear within seven days to controvert those was appointed for the 26th March following. At allegations. It was not so of old. In the present that meeting it was resolved to wind-up the estate instance, prima facie evidence was sought to be in liquidation, and appoint Mr. Bolland trustee. obtained of an act of bankruptcy, and for that The resolutions of creditors were lodged for regis-purpose Mr. Priest, the solicitor of the debtor, was tration within three days, as prescribed by the summoned. rules in bankruptcy, but owing to the Easter holidays intervening, during which the courts are closed for bankruptcy business in pursuance of the statute, the registration of the proceedings was postponed till yesterday. Mr. Registrar Watson, on inspection of the paper, declined registration, on the ground that there were creditors of the debtors who had not been apprised of the meeting. Rodway, who appeared for Messrs. Gibson and Bolland, the receivers, now made application for an appointment to move the court for registration, and the court, upon an affidavit of the facts, fixed the 11th inst. for that purpose. Prior to the meeting of creditors on the 25th March, a creditor in Scotland presented a petition for sequestration of the estate there, and the court here made an order restraining that creditor pro tem., and calling upon that creditor to show cause why he should not be restrained absolutely from prosecuting his petition. Potter, instructed by Messrs. Norris and Son, appeared to show cause; and Wheeler, instructed by Messrs. Barrell and Rodway, for the receivers, to support the rule absolute. Potter argued that as the proceedings here were inchoate at the time the petition for sequestration in Scotland was presented, it took precedence, as by the law of Scotland it related back when an order for sequestration, which must follow, was made, to the date of presenting the petition. Had there been an adjudication of bankruptcy in this country prior to the sequestration petition being filed, he admitted that he could not resist the present application, but the proceedings here were inchoate, and might never have any validity, and, therefore, he contended the court had no jurisdiction to restrain. Wheeler, in reply, said the case was in a nutshell. By cases which had been discussed ad nauseam, it was decided that a petition for liquidation here was an act of bankruptcy, and on the creditors determining to liquidate and appoint a trustee his title related back to the presentation of the petition. This petition was presented on the 26th Feb., three weeks before the Scotch petition, and it was vain to argue that former, should take precedence and oust the the latter, which was equally inchoate with the jurisdiction of the English court. The simple question was, had such proceedings been instituted in the English court as must result in the administration of equal justice to all the creditors, either here or abroad, and were those proceedings taken prior to the proceedings in any other court? If that were so, he submitted that the court here could do all that was necessary for the protection of all the creditors. The question of the registration of the resolutions of the creditors here, upon which the validity of the proceedings rested, had not been decided, but in the mean time the court was fully seised with the case, and ought, he submitted, by virtue of the 26th rule, to restrain the proceedings. Bushby said he represented a large majority of the creditors who had voted for liquidation, and, as the solicitor appointed by the committee of inspection to represent the trustee in embryo, he supported the application of Mr. Wheeler, and, upon the merits of the question, wished to direct attention to the fact that the Bank of Scotland, Scotch creditors, assented to the proceedings here, which he represented, and nearly all others of the and that the present opposition arose only from the securities he held to a very large amount being one Scotch creditor for £1100, who was afraid of questioned in the English court. Potter replied, and afterwards HIS HONOUR held that the rule nisi restraining the creditor proceeding in Scotland be continued until further order. The debts were stated to be over £50,000, and the assets £15,000. Re ROBERT HODSON. Practice-Evidence. THIS was a case assumed to be heard in camerâ, but as the name of the proposed bankrupt has been in the public prints as an absconder there Wheeler, instructed by Messrs. Archer and Jevons, represented the petitioning creditor. Etty attended to advise Mr. Priest. A preliminary question arose as to how far in the initiative proceedings of a bankruptcy a witness had a right to be attended by a solicitor, but the court held it was admissible, if not as a right as a matter of courtesy. His HONOUR said that the strict rules of evidence observed in the common law courts were not altogether applicable in bankruptcy. At common law a witness could not have counsel to protect him, but in bankruptcy it was different. The examinations in bankruptcy were assumed to be those of the court, and all parties before it were to some extent put upon their defence. The practice had been long established that a person summoned in bankruptcy might be attended by counsel or attorney, and that at the close of the examination in chief they might ask all such questions as would, in the judgment of the court, elicit the whole account of a transaction left imperfect by the examining party, or might set right any misapprehension which the answers may have given rise to. Those being his views, he should permit Mr. Etty to appear. The witness was then sworn, and on his admitting himself to be a solicitor, objection was again taken by Wheeler to his having a legal adviser. An expert, it was contended, could not be assisted by an expert. that Mr. Priest, being a solicitor, had no right to His HONOUR, after hearing Mr. Etty, decided the assistance of a brother professional. Evidence was then called for as to the whereabouts of the intended bankrupt, which Mr. Priest at first objected to give, on the ground that it was privileged communication from his client, but a The COURT ruled that the solicitor could claim no such privilege, it being the privilege of the client, and after insisting upon the questions being answered directed that substituted service of the petition be allowed, in order that Mr. Hodson be made bankrupt forthwith. LEGAL NEWS. HER MAJESTY has been pleased to appoint Robert Dawson Mayne, Esq., to be Chief Magistrate of the settlement of Lagos, on the Western Coast of Africa. SIR ROUNDELL PALMER is credited by the American papers with having received a fee of 30,000 guineas for preparing the brief for the Geneva arbitration, and 2000 guineas more for preparing the English case. MR. RATHBONE is about to bring in a Bill for the repeal of the clauses introduced last session by the House of Lords into the Criminal Laws Amendment Bill with respect to intimidation. It is believed that the Government will support the measure. THE ending of the Tichborne case and the defeat of the claimant and his arrest for imposture, was what was expected by those who have had the patience to follow the case in all its intricacies from the beginning and proves the power of truth most signally.-Pacific Law Reporter. EVIDENCE BILL.-On Monday evening the 15th inst., Mr. Joseph Brown, Q.C.,will read a paper at rooms in Adam-street, Adelphi, on "The Bill to a meeting of the Law Amendment Society at their amend the Law of Evidence." The Hon. George Denman, Q.C., M.P., will preside. THE death is announced of Mr. John George Malcolm, barrister-at-law and Master of the Queen's Bench. In addition to his accurate knowledge of the law, he was an authority in the procedures of the Superior Courts. A genial and public-spirited man, he was a munificent subscriber to all the Scottish charities in London, and a director of nearly all of them. SOLICITORS' BENEVOLENT ASSOCIATION.-The usual monthly meeting of the board of directors of this association was held at the Law Institution, Chancery-lane, London, on Tuesday last, the 9th inst., Mr. J. S. Torr in the chair, the other directors present being Messrs. Brook, Burton, Carter, Dodds, M.P., Hedger, Nelson, Rickman, Smith and Veley; Mr. Eiffe, secretary. A sum of £80 was distributed in grants of relief to applicants for assistance, ten new members were admitted to the association, and other general business transacted. EASTER TERM.-On Monday next the Common Law Courts will proceed with the lists of arrears, just exhibited. In the Queen's Bench there are 30 rules for new trials, all of which, with the exception of one, have been pending since Easter last; in the special paper 54 matters and 12 enlarged rules. In the Common Pleas there are 63 cases in the special paper, 8 for new trials, 6 enlarged rules, and 11 cases standing for judgment. In the Court of Exchequer there are 4 cases in the special paper for judgment and 27 for argument, while in the new trial paper there are 3 for judgment and 12 for argument. On the termination of the Easter recess, the several chambers of the Court of Chancery were re-opened, when the list of arrears was exhibited for Easter Term, commencing on Monday next. Before the Lord Chancellor and Lords Justices there are 14 appeals and 5 appeal motions; before the Master of the Rolls, 135, including 100 causes recently transferred from the Courts of Vice-Chancellors Malins and Wickens; before Vice-Chancellor Malins, 97; before Vice-Chancellor Bacon, 57; and Vice-Chancellor Wickens, 115. MUNICIPAL CORPORATIONS.-A Government Bill now before the House of Commons provides for the division of boroughs into wards, and the alteration of the number or the boundaries of wards, or of the number of town councillors, and, correspondingly, of aldermen; such alterations to be effected by order in council made upon local application, and after local inquiry held by a person appointed by the Privy Council. The number of councillors assigned to a ward is always to be three, or a multiple of three; and the number of councillors of a borough is always to be a multiple of six. A Bill has also been laid before the House by Mr. James for applying to municipal elections the law against corrupt practices at Parliamentary elections. The Bill makes it an offence to employ a paid canvasser on behalf of a candidate; also for a candidate or his agent to hire a room at a publichouse for any of the purposes of an election, or to use a room at a publichouse for a committee or public meeting on behalf of the candidate; or for a candidate or his agent to pay for the conveyance of a voter to or from the poll. Election petitions are to be presented to the Court of Common Pleas, and tried, without a jury, by one of five barristers to be appointed from time to time by the judges on the rota for the trial of Parliamentary election petitions. Petitions will be tried within the borough to which they relate, unless otherwise specially ordered; but where the question raised can be conveniently stated as a special case to be heard before the Court of Chancery, that course may be allowed. Persons guilty of corrupt practices at a municipal election are to be liable to the same punishment as if it had been a Parliamentary election; and various clauses are adopted from the Parliamentary Elections Act. A candidate found, by the report of an election court, personally guilty of corrupt practices, or any person found thus guilty on indictment, or in any action adjudged to pay a penalty for corrupt practice at an election, will be, for seven years, incapable of voting at municipal or Parliamentary elections, or of holding any municipal office, or being elected M.P., unless, on any of the witnesses being convicted of perjury, the Court of Common Pleas shall order that the disqualification cease. If a candidate has by an agent been guilty of any corrupt practice, such candidate's election will be void, and he will be disqualified from holding any municipal office in the borough during the period for which he was to serve, or, if elected, might have served. THE "NEWENT MURDER CASE." Baron Cleasby, in addressing the grand jury for the county of Gloucester, alluded at some length to the charges against Mr. Edmund Edmonds, solicitor, of Newent. It will be remembered that the coroner's jury returned a verdict against Mr. Edmonds of manslaughter, while the local magistrates committed him for the wilful murder of his wife. In the calendar of prisoners both charges were alleged. His lordship pointed out to the grand jury the distinction between murder and manslaughter. If a person committed a felony by knocking a man down under certain circumstances, that would only amount to manslaughter. Still, if they thought in this case that the blow was the cause of death it was a case of murder, though surrounding circumstances might reduce it to manslaughter. It would be for the grand jury to say how far the evidence bore on the question of malice aforethought. If a person made an attack on another with a deadly weapon, and death ensued, that was primâ facie a case of murder; but if a person, generally speaking, were to meet another and deal him a blow, in consequence of which the person struck fell down and death ensued, that would not be murder but manslaughter, because the blow was not intended to cause the death of the person struck. His lordship then called attention to the sort of evidence produced against Mr. Edmonds. As far as he could gather from the depositions, high words had arisen between Mr. Edmonds and his wife on some day in 1867, and it was said that Mr. Edmonds dealt his wife a blow on the head, in consequence of which it was alleged her death was accelerated. There was no doubt that to accelerate death was a very serious offence; and if the evidence satisfied them to the extent of inducing them to think that, the case was one which ought to be further inquired into. He went on to say that if one person unlawfully dealt a blow at another in consequence of some provocation, and death ensued, that would not be a case of murder. As regarded manslaughter, though they might find an indictment for murder, there might be a conviction for manslaughter. On the whole, if, in looking into the facts of the case, it should appear that it was one in which death was caused by some unlawful act, and that the lady's death was accelerated thereby, it would be a proper case to send before another jury. The learned judge remarked that the suggestion was that the blow dealt by Mr. Edmonds did accelerate the death of his wife. He apprehended that there could be no doubt that death was caused by apoplexy. The medical man who attended the deceased so certified. Since the interment the remains had been exhumed and examined, and no bones were found to be broken. If a blow had been given, it would not be visible at this distance of time, unless the result had been the fracture of a bone. They must not decide on mere suspicion, they must have facts plain and palpable before returning a true bill. The grand jury were appointed to protect a man from being put upon his trial without some facts being established on the charge made against him. After quoting from Blackstone's Commentaries on the institution of the grand jury, his lordship said the case had been before a distinguished judge in London for another purpose, who had entirely freed everybody connected with this prosecution from the charge of having acted improperly in connection with it, and in this expression he entirely concurred. If there had been an error committed, it had been an error of judgment alone. Just before the court broke up for the day, the grand jury entered the court with the bills against Mr. Edmonds, and amid breathless silence they were read by the clerk of the court. They found a true bil against Mr. Edmonds for manslaughter, and not a true bill for murder. The trial will be held at the Central Criminal Court, where it has been removed by certiorari. Temple, London, E.C.; or to the society's bankers, Union Bank (Chancery-lane Branch). THE ATTORNEY - GENERAL AND THE TICHBORNE CASE.-The chief law officer of the Crown should have made an effort to clear himself of any interest which he had acquired in the case in his private professional capacity. Unfortunately this is not what Sir John Coleridge has done, or tried to do. His whole manner of proceeding has been most injudicious, not to say indecent. The tone of his answers in the House of Commons has not been the tone of an officer of the public seeking for justice, but rather of the advocate who had been retained for the Tichborne family. His remark the other night, that the case was one of an "assault upon the common sense of mankind," was, to say the least, extremely improper, and we cannot wonder that it has been followed by public petitions for justice. There is no question of any assault upon the common sense of mankind, nor are we aware that mankind have engaged Sir John Coleridge on a general retainer. It is but a man accused of perjury, who has to be tried upon that charge. There is no call for any appeals to the common sense of mankind, and the AttorneyGeneral's arrogant and peremptory language is singularly mistimed. Again, the preparations which have been made for the prosecution of the prisoner seem to us to be outrageously disproportionate and extravagant. What need is there of six prosecuting counsel? Why is the country to be put to this unusual expense to try a perjurer? The prospect of a revival of the Tichborne case is dismal enough, without this extraordinary and unprecedented apparatus for procuring a conviction. There is nothing more natural than that there should be a reaction in favour of the man who is made, in so special a sense, the object of the Ministerial zeal against crime. The public instinct of justice is offended by the spirit and the manner in which the Government is pursuing the prisoner. Those who have regarded the claimant as a martyr to social prejudices before are likely to be confirmed in their suspicions by the action of the Attorney-General. The cause of justice itself will be not strengthened, but damaged, by this tremendous array of legal force which is being brought into play to convict the Ticbborne claimant of perjury. It is extraordinary that a thing so obvious should have escaped the notice of the subtle minds which compose the Gladstone Government, and that even if the AttorneyGeneral were unable to keep his professional enthusiasm in the case under subjection, his colleagues did not intervene to avert the scandal and the mischief which are likely to flow out of the mismanagement of the Tichborne prosecution.Standard. CORRESPONDENCE OF THE PROFESSION. NoTE.-This Department of the LAW TIMES being open to free discussion on all professional topics, the Editor is not responsible for any opinions or stateinents contained in it. LEGAL PRACTITIONERS' SOCIETY.-This society has for its object the reform of the existing unsatisfactory state of the legal profession. The want of such a society has long been felt, and the demand for it has been rendered all the more imperative by the recent and the impending legis. lative changes in our judicial system. Societies for promoting these changes, as well as societies for the amendment of the law itself, already exist. This society is of a less ambitious character, and will confine its operations to the reform of proved abuses in connection with the Profession only. VOTES AT SCHOOL BOARD ELECTIONS.-At a Although its basis is thus restricted, it will have recent School Board election for the parish of R., no lack of work to perform. Among the subjects the returning officer decided to receive the votes which are likely to engage its attention may be of a number of poor almshouse occupiers, although grouped the following: 1. To define the rules of objected to on the ground that neither the names the legal profession, and reduce them to a written of the occupiers or the tenements were upon the code. 2. To readjust the relations of the existing rate book. The returning officer held that he had branches of the legal profession. 3. To place the power not only to order the names to be put upon government of the legal profession on a sound re- the rate book, but the property also, though it presentative basis. 4. To protect the legal pro- had been omitted with the consent of the vestry fession against the depredations of unscrupulous for many years. Whilst admitting the right, and men. Members of the legal profession of every indeed the duty of returning officers to allow the degree, whether barristers or attorneys-at-law, votes of persons whose names have been improsolicitors, special pleaders, conveyancers, articled perly admitted. I am unable to understand what clerks, or students of the Inns of Court, are authority they possess to order property to be eligible for membership. Members' annual sub-inserted in the parish rate books for the sake of scription, 5s. The expenses are not likely to be conferring votes. In this particular case, the great, and the subscription has been fixed at an votes objected to may have affected the result of almost nominal amount, to secure the adhesion of the election, as the last successful candidate was as many members of the legal profession as pos- only in a majority of one over the highest unsuc sible. Moral influence is much more needed than cessful candidate at the close of the poll. Permaterial aid. Any movement for the reform of haps some of your readers, more experienced than the existing state of the legal profession, to be myself in the Elementary Education Act, can say permanently successful, must necessarily proceed whether the returning officer was right in receiv from within. Some interested opposition may be ing the votes objected to. It does not appear the expected; but when the public mind has been almshouses were entered upon the rate book in fully enlightened upon the evils of the existing accordance with the directions of the returning system, by those whom it injuriously affects, or officer. who have had practical experience of its unsatisfactory character, and who are, therefore, competent to form an intelligent opinion upon the subject, this interested opposition will be forced to yield. Members of Parliament and other laymen of distinction are eligible for the office of Vice-President. The annual subscription of VicePresidents is one guinea. Donors of five guineas are eligible as life Vice-Presidents. Any further information may be obtained on application to the Hon. Secretary, R. Y. D. Yelverton, Esq., 3, Serjeants' Inn, Rolls-gardens, London, E.C. Subscriptions may be paid to the treasurer, W. T. Charley, Esq., D.C.L., M.P., 5, Crown Office-row, A SOLICITOR. THE PUBLIC PROSECUTORS' BILL. - Having been a clerk to a Bench of Magistrates for upwards of twenty years, I hope you will allow me a short space in your valuable paper (especially as I do not see that many clerks to justices have given expression to their views) on this important subject. I have, in common with others, for a long time seen the want of such a measure as is now before the House of Commons, the Bill could not have been entrusted to more able hands than those learned gentlemen who have charge of it, the measure being based upon the recommendation of a select committee of the House of Commons, and having the sanction of the present Government, will, I hope, become law this session, and I trust the learned gentlemen who have undertaken the matter, will steadily persevere in their efforts to place such a useful Act upon the Statute Book. In nine cases out of ten the whole prosecution in ordinary cases devolves upon the police, for it will be found that when a crime has been committed there is almost invariably a reluctance to prosecute on the part of the person aggrieved, who, except in very rare cases, will never employ an attorney to conduct a prosecution, for if he did so, he would have to pay him out of his own pocket. The police apprehend the prisoner, who is brought before the justices, and the justices' clerk has to marshall the evidence in the best way he can, and he has to take the depositions of the various witnesses. I have myself found it to be very irksome to have, at the preliminary hearing in petty sessions, to unravel a complicated case, and take the evidence, knowing nothing of the matter before hand, and am often engaged in this way for several hours, for which a very small fee is paid, whereas, if there happened to have been some one to examine the witnesses, and prepare the case previously and conduct it in court, much time would be saved and great difficulty obviated. I maintain, it is no part of the duty of clerk to the justices to examine a number of witnesses before the court opens, and find out all about the case before it is heard by the magistrates. I consider the clerk ought to come to the court having no previous history of the case, just as much as the justices themselves, and that both justices and their clerk should bring to the consideration of the case minds perfectly free from bias. I contend, therefore, that the appointment of a competent official other than the justices'clerk,in the various districts, is absolutely necessary to prepare the evidence, &c., and conduct the case in the preliminary hearing of an indictable charge, and this is provided for by the present measure now before Parliament. Another difficulty often arises during the hearing of an indictable offence, where no solicitor appears for the prosecution, but where the prisoner is defended by a skilful advocate, by whom oftentimes points are raised as to the admission or rejection of evidence, &c., when, there being no attorney to represent the prosecution, the clerk (the legal adviser of the Bench, whose duty I take it is simply to aid the court in its decisions) is drawn into an unseemly discussion and argument with the prisoner's attorney, whereas, had there been an attorney on both sides, the clerk would simply be in a position to hear the arguments pro and con., and would be prepared to advise the Bench in an independent manner; the appointment, therefore, of public prosecutors, as now contemplated, would remove the difficulty I have stated. One word more as to the conducting prosecutions after the prisoner has been committed for trial. I and many others abstain from conducting those prosecutions, for I have not felt it right to do so, and if justices' clerks generally were to abstain from doing so, they would not be open to the remarks made recently by the Lord Chief Justice. There are probably many young barristers attending the assizes and sessions who, from their position and property, are deservedly county justices, suppos ing either of these gentlemen should happen to be committing magistrate on a charge of felony, and afterwards, as counsel at the assizes or sessions, hold a brief for the prosecution in the same case, would it not be made the subject-matter of remark? Although no one for a moment would say the committal took place because the gentleman might have an opportunity of conducting a case at assizes or sessions. Why, then, is it right for a justices' clerk to conduct a prosecution? For my own part I believe the proposed measure will be one of great practical importance, and will effect a reform which has been required for many years; and I trust the learned promoters of the Bill will be successful in carrying it into a law. The question of the appointing public prosecutors has now been before the public since, I believe, 1855. It is high time the question should be settled, and I hope the present Bill will be more successful than its predecessors. A JUSTICES' CLERK OF TWENTY EMPLOYMENT OF ARTICLED CLERKS.-"H. L." is evidently one of those extremely positive people who are always prepared to decide off-hand any and every question submitted to them, without a moment's thought or consideration. "An Articled Clerk" probably expected a more satisfactory answer to his question than the monosyllable "Yes," coupled with some gratuitous advice to 'put the question to himself." If "H. L." is an articled clerk preparing for his "Final," I suggest to him the extreme desirability of not model. ling his answers to the Examination Questions after this fashion, or he will certainly never have the opportunity of taking the oath which he benevolently points out to An Articled Clerk." 66 66 If "H. L." had taken the trouble to look up the cases on the subject (and he ought to know that an Act of Parliament is nothing without its judicial construction), he would have found that the stewardship of a manor, held during part of service under articles, has been decided to be no bar to admission: (Re Peppercorn, L. Rep. 1 C. P. 473); and I fail to see that the secretaryship of a local Church Defence Association (which would probably entail only an hour or two's absence from office about once in a month) stands on a different basis. If I remember rightly, another correspondent asked in your columns some time back whether literary work in the evening would be "employment" within the meaning of the Act, and he was ridiculed for supposing for a moment that it would, and he was treated to some playful badinage about his love-letters. Perhaps some of your other correspondents, who do not treat questions after the airy fashion of "H. L.," can quote further authorities; and perhaps, Mr. Editor, you yourself would not object to give your valuable opinion on the point. A SOLICITOR. 66 [This letter refers to a query" replied to by "H. L." last week.-ED.] (Q. 122.) ECCLESIASTICAL.-In reply to "Subscriber" it appears from Blackstone's Commentaries, book 1, chap. 2, that, after induction, by which act, corporal possession of the church is given to a clerk, he is persona impersonata, or parson imparsonee (Co. Litt. 300) have and to retain the possession of the church keys, and, therefore, by implication he is then entitled to although his agent, the parish clerk or sexton, may keep them. See also Cripps on the Laws of the Church, &c., book 1, s. 4, showing the mode of induction by keyholding, &c. C. C. (Q. 125.) FINAL EXAMINATION." F. E.'s" articles expiring in the vacation after Hilary Term he can be examined in Hilary Term and be admitted during the vacation, on the expiration of his articles. He must, three days at the least before Michaelmas Term, give due notice for the ensuing Hilary Vacation. He cannot be examined in the Michaelmas Term preceding the expiration of his articles, or he may present himself (on giving a full term's notice) for examination in Hilary Term, and be admitted in a term subsequent to his examination. His admission in vacation is restricted to that in which his articles expire. H. L. LAW SOCIETIES. LAW ASSOCIATION FOR THE BENEFIT OF WIDOWS AND FAMILIES OF ATTORNEYS, SOLICITORS, AND PROCTORS IN THE METROPOLIS AND VICINITY. AT the monthly meeting of the Directors, held Chancery-lane, on Thursday the 4th April inst., at the Hall of the Incorporated Law Society, in the following directors being present, viz., Mr. Desborough (chairman), Mr. Carpenter, Mr. Drew, Mr. Hedger, Mr. Kelly, Mr. Sidney Smith, Mr. Steward, Mr. Styan, Mr. Williamson, and Mr. Boodle (secretary), a liberal grant was made to the aged daughter of a non-member, two new members were elected, and the annual general court was fixed for the 23rd May. THE LEGAL DISCUSSION SOCIETY. THIS society, comprising for the most part managing and articled clerks in the Profession, now meet, by the kindness of the council, at the Law Institution in Chancery-lane. A very interesting discussion took place at its last meeting on Wednesday evening, bearing legally, and as well his. torically, on the Palatine. Mr. W. E. Jones, who is the president of the society, opened the discussion on the question as follows: "The Palatine Court of Lancaster, should its Jurisdiction continue ?" and, in doing so, the mover traced the history and foundation for the privilege, afterwards quoted authorities bearing upon the question of the court's jurisdiction, and how far it was concur. rent with, or exclusive of, the High Court, when the property and parties were situate and resident in Lancashire, and the present position, and moved a resolution in the negative. He was followed by Mr. Edward Kinno, Mr. Wingfield, and a number of other speakers, and on the question being put to the vote, it was carried in the affirmative by one vote only. EQUITY AND LAW LIFE ASSURANCE. THE annual general meeting of this society was held on Thursday last, at the temporary offices, 19, Lincoln's inn-fields, under the presidency of Mr. George Lake Russell. The Secretary (Mr. Sprague) read the notice calling the meeting and the directors' report. The Chairman, after moving that the report be received and adopted, said he hoped and believed the meeting would consider it a very satisfactory acconut of their affairs. He would add to that proposition a few observations, in order to afford the share and policyholders an opportunity of judging of the progress and present state of their business. As they were aware, there was great competition among life insurance companies; and, individually he thought the wisest way to obtain the support of the public was to give the plain, unvarnished facts connected with their own individual doings, and not to enter into any invidious comparisons with other similar institutions from which information the public would be enabled to judge of the substantial advantages that were offered to them. It would doubtless be remembered by many present that in 1864 Mr. Gladstone, speaking in the House of Commons, alluded to what would be a fair guide to any one desirous of ascertaining the position and solidity of any society. The date of the society's formation, and the income arising from premiums, and the accumulated capital, would, he said, surely indicate the soundness or otherwise of an institution. To a certain extent he would follow this advice, and ask the attention of the meeting to one or two details. The date of their coming into existence was the year 1841- that was twenty-seven years ago, and long enough to bring death into play and to test their solidity. Now, in addition to the income and the accumulated capital, he proposed to direct their attention to new premiums, to the total amount insured, to the claims and to the total assets. And while he gave them these figures for the year just closednamely, 1871, he would ask them to contrast the amounts with those of a few years since. The new premiums during 1871 were gross £12,703, and net £11,011. The total premium income of the year amounted to £96,753. The total amount insured on 31st Dec. last was in round numThe claims for the past year were gross £37,502, bers three and a half millions pounds sterling less re-insurances £6500, leaving a net loss of £31,002. And the total assets on 31st Dec. 1871, were £875,785; this he would remind the meeting was actual accumulated hard cash standing on their books. These statements, he thought, showed very conclusively a substantial business. Then, looking back some years with the view of ascertaining the progress that had been made, the chairman said he would give the meeting the average of new premiums less re-insurances upon three quinquennial periods-namely, from '55 to '59, from 60 to 64, and from '64 to '69, covering a period of fifteen years. The average of new business during the first period was £5000, during the second £8200, and during the third or last quinquennial period in their existence £11,442. During the two years that had passed since the date he had mentioned the new premiums for 1870 amounted to £12,000, and for 1871 to £11,011, giving a total for the two years of £23,000, or an average of £11,777 per annum. Those figures would show the steady increase that had taken place in their new business, with the exception of last year, when a slight falling off was apparent, the cause of which decrease he would explain later. Then with regard to the sum assured, in 1864 it amounted to £2,200,000, at the end of the next quinquennial period-viz., in 1869, it was £3,200,000, and in the year 1870 it rose to £3,363,000, while for the year just closed, 1871, it amounted to £3,570,386. Here, then, was also shown a steady increase. Then turn ing to what indicated a really remarkable state of things-namely, the amount of claims for the past year, the chairman called the attention of the meeting in the first instance to the average amount of claims from 1865 to 1869; this, notwithstanding the large sum assured, amounted-less reinsurances-to only £38,000, while in the last year, 1871, with a still increasing amount insured, it was only £31,002. He need hardly tell them that this sum is far less than the board had expected. If the directors were asked how they accounted for this really marvellous exemption from deaths, there were several reasons he would bring forward that more or less explained this immunity from claims. In the first place, it was no doubt partly owing to their doctor, and he trusted somewhat to the discretion of the board. But the explanation that carried the greatest weight was, he considered, to be found in the fact of the remarkably good class of insurers in this society. As evidence of this, he might mention that the average amount of new policies completed was £1897. This high sum indicated that their insurers were to be classed among the wealthy, or at least, well-to-do portion of the community. Now, it had been : E. H. BENNETT, ESQ. THE late Edward Holland Bennett, Esq., barris. inter-at-law, who died at his residence, 7, Holland. park, Bristol, on the 14th March, in the thirty-sixth year of his age, was born in 1837, and called to the Bar by the hon. society of the Inner Temple in November, 1867, having taken a certificate of honour, first class, in Trinity Term of that year. to the foolish extreme of distrusting all insurance Mr. Clabon, deputy-chairman, seconded the In reply to questions, it was stated that the investments in Government and other securities had been fully and carefully investigated by the auditors. The difference between the amount of loans on personal security, which last year amounted to £12,000, whereas in the account for 1871 it stood at £26,000, had been caused by a single loan with, however, certain and full security. The resolution moving the adoption of the report was then put to the meeting and unanimously carried. The following directors, Messrs. Robins Shadwell, and Clabon, and Sir R. J. Phillimore, who retired by rotation on the present occasion, were then unanimously re-elected and the retiring auditors, Mr. Boodle for the proprietors and Mr. Bailey for the assured, were also re-appointed. On the motion of Mr. Bristowe, seconded by Mr. Clabon, the Hon. George Denman, Q.C., M.P., was elected as an additional member on the direction. In the place of Messrs. Potter and Clowes, deceased, Messrs. W. H. Dunster and Horace William Smith were elected directors. W. SMYTH, ESQ. THE late William Smyth, Esq., barrister-at-law, and deputy-chairman of the quarter sessions for the county of Northampton, who died at his seat, Little Houghton House, Northampton, on the 23rd March, after a short illness, in the sixtylate William Tyler Smyth, Esq., of Little Hough. fourth year of his age, was the eldest son of the ton, by Anne his wife. He was born in the year 1808, and was educated at Wadham College, Oxford, where he graduated B.A. in 1832, and proceeded M.A. in 1836. Called to the Bar by the hon. society of the Inner Temple in 1840, he chose the Northern Circuit, and practised for some time at the West Riding Sessions. He was a magistrate and deputy-lieutenant for Northof high sheriff in 1862, and he had held for many amptonshire, of which county he served the office years the post of deputy-chairman of quarter lord of the manor of Little Houghton, and an sessions for that county. Mr. Smyth, who was extensive landowner in that parish, married, in 1844, Lucy Charlotte, second daughter of the late Hon. and Rev. Richard Bruce Stopford, and granddaughter of James, second Earl of Courtown, in the Irish peerage. A shareholder then proposed that the best This, on being seconded, was unanimously carried. ascertained by actuaries, after a very minute The thanks of the shareholders were then awarded to the auditors, and the sum of £42 voted to those gentlemen for their services in auditing the accounts. A vote of thanks to the chairman for his courteous conduct in the chair to-day having been passed, the cordial thanks of the meeting were given to the secretary (Mr. Sprague), and to the solicitor, and the compliments having been ac knowledged, the proceedings of the meeting were brought to a close. SITTINGS AND CAUSE LIST IN AND AFTER Court of Queen's Bench, 16 Monday, April 15 Saturday. Monday Tuesday Thursday Motions and new trials 17 Ditto 18 Ditto 19 Special paper 20 Crown paper 22 Enlarged rules, motions, and new trials 23 Special paper 24* Motions, new trials, and Crown 25 Motions and new trials 27 Crown paper 29 Motions and new trials HULL LAW STUDENTS' SOCIETY. Ar a special meeting of this society, held at the Law Library on Tuesday evening iast, proposals for a general congress of Law Students' Societies, to be held at Birmingham in May next, were considered, and Mr. J. T. Woodhouse, and Mr. J. O. Jacobs appointed the delegates to represent this Wednesday May 1* Motions, new trials, and Crown Mr. A. M. society at such proposed congress. Jackson was elected to the vacancy on the committee caused by the resignation of Mr. Pearce. LEGAL OBITUARY. J. MACDONALD, ESQ. G. LAWSON, ESQ. Saturday On these days the Court of Queen's Bench will sit in two divisions, when motions are excluded. SITTINGS AT NISI PRIUS-IN TERM. Thursday MIDDLESEX-Khandeish Farming Company . Gilbert pany [L. C. B.-Mr Herschell |