« EelmineJätka »
man was merely formal possession. This case he man in possession on the 7th Oct. Both men are held to be on all fours with the present case. still in. I did ask who was to pay for their keep,
His HONOUR, in a lucid judgment, dismissed but I do not remember asking what was to be NOTES OF NEW DECISIONS. the application with costs.
allowed for the support of my family. I havo ADJUDICATION OF BANKRUPTCY-NOTICE OF
been & bankrupt before, and was allowed 31. a PETITION-TRADER DEBTOR-DEPARTING FROM
week, I had been served with four or five County DWELLING-HOUSE OR ABSENTING HIMSELF WITH
Notice in “ Gasette.”
C. W. Palmer (Barlow and Palmer) applied for
By Wood.- I had been served with a notice of
the petition. Paris, and returned to London on the 29th July. an order confirming
the acts of the trustee under
His HONOUR said he could not stop the adjudi. On the 28th July a creditor filed a petition in bank this bankrupty, in having declared and paid two cation. Grosvenor must have been aware of what ruptcy against him, in which the act of bankruptcy dividends without having given proper notice to he was doing. He could not credit the story of alleged was that he had departed from his dwelling declare and pay the same in the London Gazette, the declaration having been forced on him. He to defeat or delay his creditors. On the same day given, and also the notices of the intention to ruptcy. He should direct the registrar of the house, or otherwise absented himself, with intent and produced the different notices that had been
was satisfied he knew it was about his bank. an order was made under the 65th rule of Jan. make this present application. 1870, that the petition should be heard forth with further stated that he had given notice to the court to take possession of the property, but after leaving a sealed copy at B.'s usual or last bankrupt's solicitor, and produced that gentle. the restoration of the goods claimed under the bill
would subsequently entertain any application for known place of residence or business. A sealed man's consent to the order being made.
of sale. copy of the petition was accordingly left at B.'s
His HONOUR thereupon made an order ac. place of business, and on the 31st July the petition cordingly.
NEWCASTLE COUNTY COURT. came on to be heard; nieanwhile B., on his return
LINCOLN COUNTY COURT.
Friday, Nov. 24. to London, on the 29th July, had found the sealed copy of the petition, and had instructed his soli.
Nov. 6 and 7.
(Before T. BRADSHAW, Esq.) citor to oppose the adjudication. The solicitor (Before W. C. Fooks, Esq., Deputy-Judge.)
Re T. LYNCH. attended the Court of Bankruptcy on the 31st
Liquidation-Injunction-Sale by Sherif-Execue July, and found the petition being heard. The Declaration of insolvency-Ignorance of debtor.
tion creditors. hearing was at his request adjourned till the next day, when he tendered some affidavits which the ing creditors (Mr. Jasper Hannam, bookseller, and
Plaskett, Gainsboro', appeared for the petition. Slater . Pinder and Ex parte Rockes, te Hall
considered. registrar refused to receive, and adjudicated B. a Messrs. Spinks, grocers, &c., of Gaicsboro').
On the 24th Oct. the debtor filed a petition in bankrupt. On appeal, Held that the 65th rule did P. Wood, of London, for the debtor.
liquidation for arrangement with his creditors, upon not apply to this case, but that B. was entitled to Tweed, of Lincoln, for Mr. Lister, the sub-bailiff which a receiver was appointed. The receiver be heard in opposition to the adjudication upon of the Gainsboro' County Court.
found the Sheriff of Northumberland in possession such notice and in the same way as is provided by the rules of Jan. 1870 in any ordinary case.
Wood opposed adjudicating in the case, averring of the debtor's stock and effects, under two war. The that Grosvenor had been led by Lister to make a
rants for execution-one for a debt exceeding 501., order of the registrar was accordingly discharged, declaration of insolvoncy by false representations at the suit of Messrs. Clark, and the other for a and the matter was referred back to him to be and in ignorance of what he was doing.
debt under 501., at the suit of Messrs. Joseph, of dealt with in the ordinary way: (Ex parte Bielaz, Mr. Spinks proved that Grovesnor was indebted London. On the filing of the petition, a restrainre Brelaz, L. T. Rep. N. S. 403. Chan.)
to their firm 441. 3s. 6d., and Mr. Hannam that he ing order was obtained against the sheriff, and was indebted to him 91. 3s. 5d.
notice was given that an application would be CAMBRIDGE COUNTY COURT.
Mr. Toynbee, who attested Grosvenor's signa- made to make the order absolute. In defiance of
ture to the declaration, stated that he did not that order the sheriff sold the debtor's goods, and Thursday, Nov. 16.
explain to him the nature of what he was doing. realised 1201. which was sufficient to satisfy the (Before EDMOND BEALES, Esq., Judge.) He simply attested his signature at Lister's re
executions. . was
In pursuance of notice of motion, H. T. Duncan, Ex parte Mutton, Re COLE, (a Bankrupt, lately terial
, and he knew nothing of any of the parties. of South Shields, on behalf of the Trustee, applied deceased.
Lister took Grosvenor to him, and some conversa- to His Honour, on Monday, to make the interim Bankruptcy-Pill of sale-Necessity for registra- tion took place in his presence between Lister and order absolute. tion-Rights of trustee. Grosvenor, but the principal conversation was
Leadbitter (Under Sheriff) represented the Sheriff This was an application made to the court by between himself and Lister, who told him the of Northumberland. Mr. Frederick Matton, of St. Ives, for an order paper was a declaration of inability on the part
J. H. Ingledew appeared on behalf of Messrs. directing that certain household furniture, plate, of Grosvenor to pay his debts-a proceeding in Clark, execution crediturs. linen, china, goods, chattels, and effects, lately bankruptcy. The bankrupt signed it and he at.
His HONOUR took time to consider the case, belonging to the bankrupt, and sold by Mr. Ed. tested it. No doubt the bankrupt heard that it He stated.
This is an application to make a re; ward Bell, of Cambridge, the trustee under the bankruptcy, be delivered up to the bankruptcy.
was a proceeding in bankruptcy, and he (Mr. straining order perpetual, the effect of which will W. Bush Cooper (of the Home Circuit, specially Toynbee) thought it was quite regular.
be to deprive the execution creditors of the benefit retained, instructed by Wallingford and Day, of and they have not proved that.
Wood. It is not the signing of it, but the filing, of the levy under their execution. The facts are St. Ives), supported the application.
shortly these : William Clarke and Thomas Clarke, Cockerell aná Horace Brown (instructed by when it was filed.
The Registrar.–The bankrupt was present being judgment creditors of the debtor on the 23rd Edmond Foster) were for the trustee of the
Oct. last, issued and lodged with the Sheriff of
Wood then stated that the petitioning creditors Northumberland, a writ of fi. fa. for execution estate. It appeared that on the 15th March, Mr. Martin they subsequently found they could not substan.. 501. On the 24th Oct., the following day, the
had presented a petition in bankruptcy, which against the debtor's goods for a sum exceeding Cole, farmer, of Barrington, was declared a bank- tiate, and for some reason or other Lister then sheriff's officer seized the debtor's goods under the rupt about 10.30 a.m., and the registrar of the waited on the bankrupt at West Ferry on the 7th fi. fa. On the 26th Oct., two days after the seizure County Court was in consequenceforthwith Oct., and told him he was to go to Lincoln about by the sheriff, the debtor presented his petition to ordered to take possession of his property. On the proceedings under that petition. The bankrupt this court to wind-up his affairs by liquidation by the 10th March, the Sheriff of Cambridgeshire had thought he was bound to go, and went with Lister, arrangement. The same day å receiver was seized his goods under three different writs of who took him to the County Court office, where appointed, and the registrar of this court, on the fieri facias, under which the sum of 2941. 10s. was to be levied. On the night before the adjudica- them being a declaration of bankruptcy, and all granted an interim order, restraining further pha
several papers were prepared by Lister, amongst application of this receiver, supported by affidavit, tion of the bankruptcy, Mr. Mutton, who held a bill of sale (unregistered) for 3001. on the property, so, but in ignorance of what he was doing, he 18th Nov., the sheriff
, disregarding the order, proof which Lister told him he must sign, and he did ceedings by the plaintiffs (Messrs. Clarke) till the went over to Barrington and found the sheriff's believing that it had something to do with the ceeded to sell and realise the amount endorsed on bailiff in possession, and Mr. Mutton left a man also in pissession all night.
first petition in bankruptcy. That being so it was the writ of fi. fa., but he retains the amount so
Next morning, clear that his mind was not in the act he was realised, subject to the decision of the court. On about ten, Mr. Wisbey, the auctioneer, commenced doing,
the 18th Nov. a trustee was appointed under the taking an inventory for Mr. Mutton, but before
His HONOUR. —You say the bankrupt was proceedings in liquidation. At first I was inhe arrived, the bankrupt had left home and gone to grossly deceived. He will have great difficulty in clined to think that this application fell within Cambridge to be declared bankrupt. Mr. Mutton satisfying me that this imposition was put upon the principles laid down in Slater w. Pinder arrived about noon, and paid out the sheriff's bailiff, him. If it was, it was a grave offence on the part (24 .. T. Rep. N. S. 631), and Ex parte Rocke, and an hour or two afterwards the bailiff of the of anyone, and if two persons were engaged in it, re Hall (25 L. T. Rep. N. S. 287.) In the latter County Court arrived and gave Mr. Mutton a notice it would be a conspiracy. If you can give prima case the Lord Chancellor, expressing the judgment to give up possession in consequence of the bank. facie evidence of it, I should propose to take the of himself and James, L. J. decided that if there ruptcy. The three writs of fi. fa. were at the suit declaration off the file. I never heard of such a had been a seizure before the act of bankruptcy, of Mr. F. Poland Adcock, for 1331. 10s., Thomas Ivatt Hall, for 951. 10s., and George Dawson, for case before.
the creditor was left in possession of his rights. 65l. 101. Mr. Mutton commenced an action in the stated by Wood, and that he did not ask Lister ported to have said the following words: “The
The bankrupt then deposed to the particulars Mellish, L. J. was of the same opinion. He is reCourt of Queen's Bench against the Sheriff of what he was to go to Lincoln for, but believed it seizure having been made before the presentation Cambridgeshire and his bailiff, to recover back was “about the accounts making up.". No one the money he had paid to pay out these executions, told him what the papers were that he signed.
of the petition the goods were in the hands of the and this is still a lis pendens.
sheriff, and the creditors were entitled to have Bush Cooper opened the case, and in the course hearing.
Wood.—The previous petition never came on for them sold. Was there anything in the Act to of a long legal argument supported the application,
take away that right? As to the filing of the contending that it was not absolutely necessary off.
Plaskett.— The affidavit shows why it was taken petition, his title must prima facie be the that a bill of sale should be registered, and quoted
same as if, on the day on which it was filed, many cases in support of his contention.
His HONOUR.—This was an act of bankruptcy the debtor had made an assigment of all his after the previous petition.
property to the trustee. His Lordship could Cockerell followed on the other side, arguing Bankrupt, examined by Tweed.--I was not aware see nothing in any of the sections which that the bill of sale must have been registered, of the previous petition being filed against me.
had been referred to which altered that otherwise the provisions of the Bills of Sale Act Lister did not find a copy of that petition amongst primâ facie title.” It is not my business to point (17 & 18 Vict.) would be evaded. This was a my papers. He told me when he came that I was out what may appear to be anomalies, but to adsecret disposition of property on the part of Mr. a bankrupt. I gave a bill of sale to my brother. minister the law as it stands. In Slater v. Pinder Cole, the very thing that was provided against by in-law on the 20th Sept. for 2051. He took pos- the defendant recovered judgment against Allan that Act. By a recent decision, reported in the session next day under the bill, and is still in pog. (whom, from the argument in the case, I assume Law Reports of October (Ex parte Lewis, re session. I did not know that if this declaration to have been a trader) for 491. 13s. 7d. If Allan Henderson), it was decided that the goods belonged is set aside the effect will be to give him the benefit had been a trader (as I assume), and if the judg; to the trustee in bankruptcy as being in the appa- of all my goods. I have no other goods than ment had happened to be for 501. Os. 6d., instead rent if not in the actual possession of the bank those included in the bill of sale. I knew I was of 491. 13s. 7d., a totally different result would rupt, and the possession taken by the broker's ' unable to pay my debts in full. Lister also put a bave foLowed. In Ex parte Rocke, the defendant
Hall was a farmer, and not a trader, and the
shall accept the statement of Mr. Leech for the judgment was for less than 501. But what are the
plaintiffs that he is authorised to appear on their facts in this application ? The debtor is a trader,
behalf, and if there be any misunderstanding in and the judgment recovered exceeds 501. A peti
ASHBOURN COUNTY COURT.
this matter, and the plaintiffs have not authorised tion for liquidation (which is equivalent to an act
Oct. 20, and Nov. 7.
him, an application should be made on affidavit to of bankruptcy, Ex parte Keys, re Skinner, 25
(Before G. RUSSELL, Esq., Judge.)
stay the proceedings. In the Saperior Courts the L. T. Rep. N. S. 315; Ex parte Duignan, 25 L. T. Rep. N. S. 286) is filed. But by sect. 3 and
STODDART AND ANOTHER V. WIBBERLEY.
application would be made before a judge at
chambers, and not at Nisi Prius. In this court I sub-sect. 5 of the Act, it is enacted that Landlord's claim for dilapidations. hold that the plaintiffs are rightly before me. execution issued against the debtor on any legal | In this case his Honour had reserved judgment. The main point, however, in the case is the con. process for the purpose of obtaining judgment of not less than 501. is, in the case of a trader, an
Leech, of Derby, instructed by John Smith, of struction to be put on the following words of the
agreement :-"The same having been put into act of bankruptcy. Thus the act of the execution Derby, appeared for the plaintiff's ; and creditor ipso facto defeats itself. Moreover the Huish, of the Midland Circuit
, instructed by good and tenantable repair by the said Elizabeth judgment here being for a sum exceeding 501., and Bamford, of Ashbourn, appeared for the defen. Stoddart and George Williams." Upon this the
plaintiffs sue. I must take it that they set the goods seized and sold being those of a trader,
dant. the case is brought within the provision of sect.
The cases of Neale v. Ratcliffe (15 Q.B. 916), and formance of all conditions precedent, and then
out the agreement, then that they allege per. 87, which provides that the sheriff, or high bailiff Coward v. Gregory, (L. Rep. 2 C. P. 153), were
state a breach of the agreement through the “shall retain the proceeds of such sale in his cited by Leech for plaintiffs ; bands for a period of fourteen days, and upon 645); and Thomas v. Caduallader (Willes 496), of the conditions precedent, and set out in what
And the same cases, with Slatery. Stone (Cro. Jac. must be regarded as traversing the performance
premises not being left in repair. The defendant notice being served on him within that period of a bankruptcy petition having been presented as to the condition precedent; and Taylem v. against such trader, shall hold the proceeds of Willin (18 L. T. Rep: N. S. 655), as to effect of plaintiffs did not first put the premises in repair.
way such performance fails by alleging that the such sale, after deducting expenses, on trust to notice to quit, were cited by Huish for defendant.
I have to determine, therefore, whether this be a pay the same to the trustee.' I have already said
The facts are as follows :- At Lady . day condition precedent, or whether the words were that the petition for liquidation is equivalent to a 1856, the defendant became yearly tenant to used for the purpose of reciting a fact. My bankraptoy petition, and the sheriff, having had due the plaintiffs of a water corn millat Sturston, opinion is that the words do form a condition prenotice within the prescribed period served upon
near Ashbourn, and also of a house and twenty ceden. It will be seen by reference to the agreehim, the title of the trustee is complete. I have acres of land. An agreement of tenancy, dated ment that the defendant was only " to preserve, therefore no alternative but to grant the applica- 7th April 1856, was entered into between the maintain, and keep " the premises in repair. If tion, and to make the restraining order perpetual, parties. It contained a stipulation, among others, the premises were in good repair there would be no and to direct the sheriff to pay to the trustee the on the part of the defendant, "to maintain, pre- necessity to say they were so. If, on the other hand, proceeds of the sale, after deducting the expenses serve, and keep in good working order and con. they were not in good repair, it would be most of realisation.
dition to the satisfaction of the said Elizabeth reasonable that the plaintiffs should agree to put
Stoddart and George Williams, the said watermill them in tenantable condition. If the construcOLDHAM COUNTY COURT.
and the gear, tackle, machinery, and fittings up tion contended for by the plaintiffs be correct, I Thursday, Nov.9.
of the same (except the large wheels, shafts, and think the words used are very inapplicable.' I
millstones, whereof the said Brian Wibberley here should have expected a statement that the pre(Before J. F. TWEEDALE, Esq., Registrar.)
by agreeing to fairly use and take proper care mises are now (that is at the time of signing the Re LEES WRIGLEY.
thereof), and also the said mill dam and appur- agreement) in good repair whereas having Bankruptcy-Order for alimony by Divorce Court house, stables, out-houses and
out-buildings, hand, the words used are in accordance with the
tenances, and also the said messuage or dwelling been may refer to any past time. On the other - Application to assess value Contingent liability.
and all other the premises hereby agreed to be let, defendant's contention. I believe that this is by In this case Jane Wrigley had obtained a decree and also the gates, stiles, and fences in, upon, or
no means an unusual agreement, and is generally from the Divorce Court against her husband Lees about the said premises (the same haviug been construed as I am now reading it, and if I were to Wrigley for judicial separation and for payment put into good tenantable repair, by the said decide otherwise than I am now doing, I should be to her out of his income, and, until further orders Elizabeth Stoddart and George Williams) damage putting a forced construction upon words-should of that court,
of permanent alimony at the rate of and accidents by fire, storm, foods, and tempest be construing them in a sense contrary to the inten. 521. per annum. Wrigley was attached under this
also excepted. The defendant' was further tion of the parties, and throwing an unreasonable decree in 1869, and lodged in gaol at Lancaster, bound to yield up the property so repaired, kept, burden on the defendant. I therefore decide that and he was there adjudged bankrupt by Mr. and preserved at the end of his tenancy. In the words referred to amount to a condition preMacrae, the then registrar of the Bankruptcy with other estates for sale, gave the defendant having denied the
performance of that condition, 1869 the plaintiffs, intending to offer the property, cedent, and Mr. Huish, the defendant's counsel, Court at Manchester. The proceedings were roferred to the court at Oldham in consequence of notice to quit at Lady-day 1870. They afterwards I must call for proofs of its having been perthe bankrupt's
residence being within that dis- decided to delay the sale for a year, and at their formed by the plaintiffs, and in the absence of trict.
The only creditors who proved were the very urgent request the defendant, who was any such evidence being given by them must direct bankrupt's wife for arrears of alimony, and a
anxious to leave, consented to a withdrawal of the a nonsuit. firm of solicitors for a bill of costs. A creditors' notice to quit. In July 1870 the whole of the
Bamford applied at this court that the plaintiffs assignee was appointed, who paid these claims in estate was put up for sale in lots, and was pur. might be nonsuited with costs, stating that he fall, and retained some estate in hand, and the chased, with the exception of one small field, by expected some one to appear on behalf of the registrar was now asked to assess the value of the effect that the purchasers should be bound by Honour chose to await the arrival of the next
Mr. Godber. One of the conditions of sale was to plaintiffs and ask for an adjournment, if his Mrs. Wrigley's future alimony. Learoyd, of Huddersfield, for Mrs. Wrigley, in and be held to have notice of the scate of the re- ment, on the
ground that in June last he had disthe terms of the existing agreements of tenancy, train. He, however, should oppose an adjourn. support of the application. Brooks, of Ashton, for the bankrupt.
spective lots as to repair, insurance (if any), and puted the defendant's liability, for the two reasons The case had been adjourned, and the Regis. all other matters. At Lady-day last the defendant that the agreement made the repairs by the plain. TRAR, in now delivering judgment, said he had quitted the property, and the purchaser subse. tiffs a condition precedent to the defendant's liabeen referred by Mr. Learoyd to sects. 175 to 178 quently claimed from him damages for yielding bility, and that they had never done such repairs, of the Bankruptcy Act 1849, also to Ex parte up the property in a state of great disrepair. The and that consequently the plaintiffs had received Tindal, referred to in Parker v. Ince (28 L. J. Rep. defendant resisted the claim, on the ground that five months since fut notice of the nature of the N. S. Ex. 189). He could not proceed to assess the the plaintiffs had not put the property in good defence. value of an alimony which was to be paid only by and tenantable repair, and that this was a condi
His Honour said that the plaintiffs' represen. order of a court of law. If it were for a lifetime tion precedent
to any obligation to keep and leave tative should have been in court, and he should he could take the Government tables and arrive in repair attaching on him. The purchaser, nonsuit the plaintiff with costs, leave to be reat what it was worth. But supposing the circum- therefore, brought this action in the name of served to move at the
next court to set aside the stances of the bankrupt were to change he might the former owners, being debarreď by technical nonsuit, if the essential evidence were forth. apply to the Divorce Court to diminish the rules from suing in his own name, and claimed annuity, and he (the registrar) would be called on 1751. as damages. The defendant's attorney
coming. to revalue it. Martin, B., in Parker v. Ince, said, had consented to the County Court having juris
BIRMINGHAM COUNTY COURT. “How can you calculate whether a man and his diction. It will be observed that the parenthetical wife will go together again ? Their doing so
(Before R. G. WELFORD, Esq., Judge.) clause in the agreement was ambiguous, and that
LONDON AND NORTH-WESTERN RAILWAY depends upon a thrusand circumstances which it two meanings might be assigned to it, one being
“the same having been already put into repair, COMPANY v. SCOTT ; SAME v. SAME. is impossible to estimate." It was impossible for him to assess the value of this alimony, because and the other, the same having been first put 9 & 10 Vict. c. 9- Dividing cause of action-Paythere is no fixed time during which it has to be into repair,” For the plaintiffs it was contended ment into court in one action a bar in the other. paid, and it may be either increased or diminished that the clause was, on the true construction of
His Honour delivered judgment in these as circumstances arise. He therefore dismissed the agreement, a recital of a fact, and that oral
He said that in these actions the London Mrs. Wrigley's application with costs. evidence was inadmissible to explain it, and it was
and North-Western Railway Company sued the urged that the cases on which the defendant defendant in two separate actions ; both com. Mr. Joseph Hind, Deputy Registrar of Deeds would probably rely, were distinguishable from menced in that court on the 4th Oct.; the one for
the East Riding of Yorkshire, has becomo in- this, that in them the present and future tenses action being for the carriage of fish to' Birmingsolvent. His debts are 41961. ; his assets 1011.
were employed, and not the past tense, as in this ham in Aug. 1870, amounting to 11. 10.; the instance. The defendant, on the other hand, other, also for carriage of fish, on the 21st Feb.
maintained that the parenthetical clause ex. 1871, amounting to 21. 1s. 102. Both summonses MAGISTRATES' LAW. pressed a condition precedent, and the per.
were returnable on the 6th Nov. The defendant formance of it by the plaintiffs must be strictly paid into court in due time, according to the rules, SCHOOL BOARD OFFICE OF CLERK-THE proved to support this action. It was also urged the sum of 21. 1s. 10d., being the amount of the OFFICE OF CLERK TO A SCHOOL BOARD, UNDER
that the notice to quit by an irresistible legal rule, action for the carriage of fish in February last ; 8. 35 OF THE ELEMENTARY EDUCATION, IS HELD
which the intention of the parties could not modify, I and at the hearing of the other action for the DURING THE PLEASURE OF THE BOARD.-Upon created a new tenancy, and put an end to the carriage of the ish in Aug. 1870, objected an application for a writ of quo warranto against obligations of the old one. The existence of an that, in bringing the two actions, 'the plainthe clerk to a school board, on the ground that he authority to the purchaser to use the names
tiffs had contravened the 63rd section of the 9th was improperly elected according to the provisions of the former owners in this action, was also & 10 Vict. c. 95, which enacted that it shall not of 33 & 34 Vict. c. 75, 8. 35; The court refused a questioned.
be lawful for any plaintiff to divide any cause or rule, considering that the majority of the board The learned JUDGE gave judgment as follows: action for the purpose of bringing two or more might, without assistance, remedy the impropriety I am of opinion, as the matter now stands, and in suits" in any County Court. It was argued for themselves, the office being held during the plea- the absence of further proof, my judgment must the defendant, that these two items of carriage sure of the board : (Bradley v. Sylvester, 25 L. T. be for the defendant. I assume that the plaint is constituted one cause of action, on the 4th Oct. Rep. N. S. 459. Q. B.)
rightly proceeding in the name of the plaintiffs. I last, when the two actions were brought within
the decision in Grimbly v. Ackroyd. To that, for tinguishable from the one under consideration. In per se, and that if they sanction any unprofeg.. the plaintiffs, it was answered that a plaintiff might those cases the judge of the City of London Court sional conduct on the part of their clerks it sue for a part of his demand-say for goods sold held the action maintainable. It is clear, however, is as wrong as if they personally did the act. -down to a particular period, without including that I ought not to follow this unless it commends Let us, however, hope that every respectable goods sold at a more recent date. That might be itself to my own judgment, and I am of opinion member of the Profession will exert himself to the so, but that was not the question now before him, that it is not consistent with sound legal princi. utmost in order to assist Mr. Avory in his land. and he did not mean to express any opinion on ples. For the action, if maintainable, must be able endeavour to introduce and enforce a strietly the point. Here, on the 4th Oct. all that the so either in pursuance of a contract, expressed or honourable course of practice in our criminal plaintiffs, by their two actions, claimed against implied, or by virtue of the statute which regulates courts, and let us also hope that our magistrates the defendant was actually due, and ight the fees of sheriff's officers. There is here no ex- will lose no time in adopting similar rules of prac. have been included in one action-being, as press contract, for no direction was proved to have tice for their respective courts to those which Mr. he read the Act, one cause of action,' been given to the sheriff except that contained in Avory has framed for the Central Criminal Court. in other words, the cause of one action;" the writ, nor can any contract, in my opinion, be If this be done, and strictly enforced, we may furand the only assignable cause for dividing the implied from the circumstances. No custom for ther hope that a criminal law lawyer will some cause of one action appeared to have been for the the party or attorney to pay the fees in such a day be regarded as equally respectable a member purpose of bringing two actlons. This was for case was proved, or, as believe, could have been of the Profession as a conveyancing or equity bidden by the statute. Then for the plaintiffs it proved, and I see nothing from which an under. practitioner.
WALTER H. FULLAGAR. was asked that the action for the earlier item of taking to pay them can be inferred. The sheriff Aug. 1870, should be struck out, and that the is bound, in virtue of his office, to execute the action for the latter item of Feb. 1871, might be writ, and it is notorious that the proceeds of the MARRIAGE SETTLEMENTS.-By a recent al. amended by including the two items in that action. execution are looked to for the incidental fees and teration in the English law money secured by a But he thought such an application came too late. expenses, and the sheriff's officer, as well as the policy of life assurance, can be settled without The plaintiffs having improperly, i.e., contrary to sheriff himself, must take the rough as well as the the intervention of trustees, whereby one impedithe statute, brought two actions for one cause of smooth part of his office; nor is it harder that he ment to marriage is removed. In these deeds it action, i.e., for two items of an account, and being should lose his fees than that the execution creditor, is important to provide for contingencies, so that met by a payment into court of the demand made who has done no more than set the law in motion, the husband may not have control over the prin. by the action for the last item, could not after should defray them out of his own pocket. There is cipal settled, unless it is clearly intended that he wards amend by including in one action items therefore no contract upon which the plaintiff can should have such power. For instance, in one which ought originally to have been so included, rely in this
action; nor can he ground his claim upon case, the woman's fortune, after some contention; bnt which the plaintiffs thought fit to divide by the statuto, for that gives him a right to the fees was settled upon herself, subject to the husband's bringing two actions. Even if he had a discretion only when he levies on the goods of the execution- life interest in the whole fund, with the usual to make such an amendment in such a case as debtor, and not when he levies on the goods of a powers in favour of children The husband had this, and he did not think he had, he would not strainger. On principle, therefore, I think the no fortune, but there was a power in the deed for exercise it in the plaintiffs' favour. There would action will not lie, and I think also (like the him to receive 20001., of his wife's fortune, to purbe a verdict for the defendant, with costs.
County Court judge at Newbury, in the case of chase a commission in the army. This sum,
Twiling v. Cave) that I am bound by the authority subsequently, was advanced by the trustees, and NEWNHAM COUNTY COURT.
of the case of Cole v. Terry (5 L. T. Rep. N. S. duly applied. After a few years the husband
247), following the Nisi Prius decision in Bilke v. sold out, and the money received for the comTuesday, Nov. 21.
Havelock (3 Cam. 347), in which the same point mission was applied by himself for his advance(Before CHARLES SUMNER, Esq., Judge.) arose, and was decided against the p'aintiff. I ment in commerce. This business was disastrous BREWER V. CARTER AND GOOLD.
am aware that Bilke v. Havelock was decided for himself and others, one creditor alone having Sheriffs' Fees.
before the statute of 7 Will. 4, & 1 Vict., but Cole been a loser to the extent of nearly 10,0001.! The
v. Terry was decided since the statute came into whole 20001., at least, was thus completely lost, to This action was heard at the October court. It operation ; and for the reason already given I the prejudice of the trader's wife and issue, which was brought by the plaintiff, who is bailiff to the think the statute does not alter the position of would not have been the case if this 20001. had Sheriff of Gloucestershire, to recover the sum of the plaintiff in this respect. There must be, there- been resettled, as it ought to have been, upon the 41. 4s. 6d., for fees claimed by him from the present fore, judgment for the defendants ; but if the same trusts as the fund from which it was taken. defendants, who were the plaintiffs in an action plaintiff wishes to take the opinion of a Superior Although the purchase system in the British army against one Wm. Edmunds, and against whose | Court, he may have leave to appeal.
has ended, a similar case might occur, where a goods they had issued an execution, and delivered
power of advancement is contained in a settle. the same to the Sheriff of Gloucestershire. This
ment in favour of a husband without a resettling official issued his warrant, and delivered it to the
CORRESPONDENCE OF THE
clause, as above-mentioned. plaintiff, who levied on some goods and chatteis
CHR. COOKE. which were supposed to belong to Edmunds, but
PROFESSION. which were claimed by several persons. Defen.
THE NEW RULES OF THE INNS OF COURT.dants, after investigation, informed the under Note.-This department of the Law Trues being open to
In your last number you announce that "the sheriff that they had made inquiries, and believed free discussion on all professional topics, the Elitor is not Inns of Court have determined that there shall be the claimants could maintain their claims, and responsible for a y opinions or statements contained in it.
a compulsory examination of students for the Bar that they should not appear in any interpleader
before they are called to the Bar, or allowed to summons which might be issued. Thereupon
MUNICIPAL ELECTIONS-VOTING.-On the 9th practise under it.” You state that there is some Brewer withdrew from possession, and sent in his Nov. last, an election of aldermen for this borough doubt
in the minds of the present students whether account to the defendants, who refused to pay it on the ground that he was the plaintiff. These
was held, and the voting took place in the usual this notice is retrospective, but give your own proceedings were then instituted.
way, viz., by voting papers each signed by the opinion that it is not. There surely ought not to
councillor voting. These papers are kept by the be any doubt as to the correctness of your opinion, His HONOUR, who reserved judgment, gave it town clerk (as required by law) for twelve months. for the regulation under which the students have as followsIn this case the plaintiff
, a sheriff's Will you please inform me for what purpose these entered is as follows: That no student shall be officer, sued the defendants for his fees, on executing a fi. fa. which had been issued at the instance examine them ?
papers are so kept, as I find no one is allowed to eligible to be called to the Bar, who shall not have
attended during one whole year the lectures and of the defendants in an action by them against one Falmouth.
private classes of two of the readers, or have Edmunds. After the goods were seized a claim
P.S.—I may add that any burgess, on payment been a pupil during one whole year, or periods to them was put in by another person, and the of 1s. may examine the voting for the election of equal to one whole year in the chambers of some defendants, upon receiving notice of such claim councillors, but not for aldermen.
barrister, &c., or have satisfactorily passed a from the officer, declined to contest it, and he
general examination. Now existing students withdrew, and brought this action against the
have, in accordance with the regulations, passed defendants, who acted throughout as their own THE CENTRAL CRIMINAL COURT.-Allow me a preliminary examination, and have selected attorneys, for his fees. Evidence was given that the opportunity, through the mediuin of your one of the above conditions. Their fees have the defendants had pointed out to the plaintiff the journal, to express to Mr. Avory the thank's of been paid with this understanding, and their goods in question as those upon which the fi. fa. every respectable and honourable attorney friends have been subjected to the expense either was to be levied. The question which I have to throughout the kingdom, and especially of those of making a home for them in or near London, to consider is whether an action will lie. On behalf who practise in our criminal courts, for the attend the lectures and private classes, or of their of the plaintiff Mr. Hunt cited a nnmber of cases strenuous exertions he is making in order to put a
reading with a barrister in chambers These which have been recently decided in various stop to the
disreputable practices so extensively terms having been accepted by the students and County Courts, in which the attorney instructing carried on by low, needy, and unprincipled mem.
their friends, I ask whether it would be consis. the sheriff to execute the writ has been held bers of the legal profession, either personally
tent with justice that any new arrangements liable to the officer for his fees, even although by means of their clerks, or pretended clerks. should be retrospective, the execution has been abortive or unproduc- Hundreds of barristers and attorneys, who do not
A PARENT OF A STUDENT. tive. On examination of as many of those practise in the criminal courts, can have no idea [There is, we believe, no ground for apprehen. cases as I have been able to refer to, I find of the existence, or certainly of the extent, to sion.-Ed. L. T.] that nearly all are distinguishable from the which these malpractices are carried, and I am present. In Bennett v. Snow, decided at Worcester, sorry to say that I fully concur in the obser- THE COUNTY COURTS.--As in all probability the levy had been defeated by a claim put in by vation made by Mr. Lewis in the late pro- during the coming session alterations and the landlord for rent, so that, as was observed by ceeding at the Worship-street police court, " that amendments will be made in the County Court the learned judge, there had been a good execution the practices complained of are not limited laws, will you allow me, through the medium against the goods of the execution debtor. In to one portion of the Profession.” Mr. Avory's i of your valuable columns, to make a few sug. Tuckey v. Hurford, at Clerkenwell, the officer had exertions to abate this evil are most praiseworthy, gestions for the calmn consideration of my done all in his power to execute the writ, and had but without the co-operation of those members of professional brethren? As most likely the only failed to do so from the fact of the debtor not the Bar who attend our criminal courts, I fear County Courts will very soon become courts of having any goods. Of the case of Breuer v. that means will be devised by which to evalle any first instance in nearly all cases, it is most rulo, stated to have been decided at Bristol, I rules that may be framed. It is sad to see how desirable that, acting on the maxim of bring. have not been able to find a report. It may or entirely the old and wholesome regulation, or ing justice home to every man's door, greater may not be on all fours with this. Neuman v. etiquette, which prevented counsel accepting a facilities should be accorded to inhabitants of Froggatt, decided at the Westminster County brief, except from an attorney, is disregarded in populous towns and districts who have not the Court differs from this, as the defendant in that the present day, but I do not hesitate to say that privilege of having a County Court held within case gave special directions to the officer by more than half the briefs now held by counsel at many miles of such places. In many instances, which he was induced to arrest the wrong person. our criminal court are prepared by their own to my own personal knowledge, this is a cause of In the case of Newman v. Morris, decided by the clerks from instructions they receive direct from great grievance, not only to plaintiffs, but to defen: same judge, the writ had been duly executed. clients, either at their masters' chambers, or dants also. Often plaintiffs prefer to lose small Two cases, however, Neuman v. Russell, and else at some public house adjoining the court. debts and defendants do not attend the court in Newman v. Merriman, do not appear to be dis. ' Counsel should remember Facit per alium facit consequence of the distance they have to travel; I therefore submit that in the next Act of Parlia- tho subsequent proceedings rests, there can be
LAW SOCIETIES. ment to be passed on County Court Law, pro- little doubt that it must be a majority in value, vision should be made for remedying this evil. but it appears difficult to understand what the I would also suggest that in the case of non-ap- words “majority of two-thirds, as the case may
ARTICLED CLERKS SOCIETY. pearance of the defendant, without due cause being be,” mean. I am myself rather opposed to ad- A MEETING of this Society was held at Clement'sshown, judgment should be given in favour of journments, because I think in many cases they inn Hall, on Wednesday, 22nd Nov., instant, Mr. plaintiff as a matter of course. As there are no
are calculated to operate against the interest of H. Lewis Arnold presiding. Mr. Scully reopened pieadings under the present County Court system, the general body of creditors ; but, if considered the discussion on the adjourned subject for debate every defendant intending to defend an action in desirable, it is to be regretted that any doubt “That the policy of the present Government is a County Court, should give at least six clear whatever should exist as the practical mode of worthy of the nation's support.” The motion was days' notice to the plaintiff of his intention, carrying a valid resolution for this purpose into lost by a majority of two. The following is the stating shortly theigrounds of defence; also that in effect.
J. SEYMOUR SALAMAN. Committee's Annual Report for 1870-1871. cases of ordinary trade debts the books of a trader
“Gentlemen,-Pursuant to the rules of the (say a grocer, for instance, with whom the defen
Society, we present our annual report of its prodant has a running account) shall be received as
ceedings. The leading characteristic of the past primâ facie evidence of the delivery of the goods
NOTES AND QUERIES ON session has been the successful carrying out of the unless the defendant gives notice of his intention
POINTS OF PRACTICE.
scheme adopted by the Society, shortly before to dispute any particular item. This would save
your committee took office, for facilitating disgreat expense and trouble to suitors and would
cussion on public statutes and Bills pending in afford to all of them the benefit which is now only NOTICE: We must remind our correspondents that this Parliament. The experience of the first ofew
is not open partially enjoyed by some, under 32 & 33 Vict. such as a solicitor should be consulted upon."
Queries will meetings showed the desirability of limiting the c. 142, s. 2. I leave it for the consideration of be excluded which go beyond our limits.
scheme to the discussion of Bills not passed and of more able members of the Profession than myself. N.B.--None are inserted unless the name and address of the revising the method of bringing them before the A COUNTRY ATTORNEY.
writers are sent, not necessnrily for publication, but us a Society. The rules were accordingly emended in guarantee for bona fides.
these respects, and since that time the new depart. LIQUIDATION PROCEEDINGS-ADJOURNMENT.
ment for parliamentary proceedings has occasioned OF MEETING.-It is to be feared that the judg
many very interesting debates, and has brought ment of the Lords Justices in the case to which 28. INCOME Tax.-Will you, or any of your readers before the notice of the Society, and enabled it to you have drawn attention (Ex parte Orde ; re versed in the matter, kindly answer the following ques. pass its opinion on, most of the important meaHorsley), whilst clearly settling one portion of tion ? Is a company or bank, incorporated under the
sures which, during the past sitting of Parliament, this rather important subject, may create difficul. keeping accounts current with customers, liable for Joint-Stock Companies Acts, receiving deposits and
have engaged the attention of the Legislature. ties with regard to another portion of it, in conse
income tax on amount of interest paid upon such de. The engagement of a paid reporter having been quence of a statement of Lord Justice James posits and accounts ? Surveyor of taxes insists upon
discontinued, the reporting has since been under which you have quoted in your article. “ The Re- payment on ground that sums may be deducted from the care of a member of the committee, with a gistrar is to see that the persons assenting thereto recipients of such interest, but the nature of the busi- result with which your committee have every
H. S. R. do constitute a majority in value of the creditors ness makes this impossible.
reason to be satisfied. The election of parliapresent or represented thereat, or a majority of
mentary secretary and honorary reporter, and the tico-thirds, as the case nay be, and there is no
retirement of the late treasurer of the Society,
29. LIABILITY TO TAXES.--Will any of your readers dnty whatever cast upon the registrar of ascertaining whether any other persons present voted
inform me whether an infant is liable to pay taxes, have necessitated several changes in the com.
e.g., for using a crest or performing theatricals without mittee, but without, as your committee trusts, against or expressed themselves neuter, or as not a licence ?
Lex. impairing its efficiency. Thirty-five meetings have desiring to vote at all.” The words I wish to
been held during the session, and your committee call attention to are those in italics, which I was 30. WILL.-M., a spinster, by her will gave and be observe with pleasure that, with this increased anable to understand when I read your report of queatbed unto her trustees all her personal estate and
number of meetings, there has also been an inthe case last week. What section or rule gives effects upon trust, to divide her wearing apparel as
creased average of attendance of members. any power to a majority of two-thirds either in they should think proper between her two sisters A. and B. A., one of the sisters, and unmarried, dies
“The following subjects have been discussed :number or value? Although there is no direct in the lifetime of the testatrix. What becomes of her The desirability of legislation to prevent the cir. power to adjourn, it has long been settled that share ?
W. culation of corrupt literature; the attitude of creditors at liquidation meetings are enabled to
Russia with regard to the Treaty of 1856 : mar. do so, either by virtue of the liquidation rule 293, 31. CONDITIONS OF SALE. --A. and B. are purchasers, riage with deceased wife's sister; the liability of or rule 93, but it has always been considered that at an auction, of different lots baving one title. A, is railway companies in case of accidents to pasan adjournment is carried by an ordinary resolu- being required, by the conditions of sale, to enter into the larger purchaser, and therefore takes the deels;
sengers; the necessity of legislation with regard tion as defined by sub-sect. 7 of sect. 16, by "a a covenant for their production. The conditions state
to horse racing and betting; the marriage laws of mujority in value of the creditors present, person- that “every covenant for the production of deeds, the United Kingdom ; the proceedings of the ally, or by proxy, at a meeting, and voting on entered into pursuant to these conditions, shall be Government; free trade ;. the amalgamation of such resolution. The judgments of the Lords prepared by and at the expense of the persons re- the Profession; the expediency of debarring the Justices are perfectly clear as to the mode quiring the same." Can A. charge B. with the costs of clergy from sitting in the House of Commons ; in which the "voting" shall be evidenced, and, covenant, obtaining execution thereof by A., &c. ?
A.'s solicitor for perusing and approving the deed of female suffrage; the Irish policy of the Govern. considering the turmoil and confusion which exist What is the usual practice in such cases ? G. W.
ment; the criminal liability of married women ; at many meetings, their Lordships appear to have
the extension of the County Courts' jurisdiction; established a sound principle in deciding that
the proper constitution of the proposed Law Uni. nothing but the resolution shall be looked at in 32. MERGER OF RESTCHANGE AND COVErants.-Will versity; and primogeniture. connection with the proof of debt exhibited at the any of your correspondents favour me with an opinion, “ The following Acts and Bills have been con. meeting, and left in the hands of the chairman to and, it possible, reference to authorities on the two
sidered :—The Married Women's Property Act
In be handed to the person entrusted with the papers. sells building land, in consideration of a perpetuai 1870; the Education Act 1870 ; the Apportionment The list of creditors contains the names and yearly rentcharge, and the is conveyed in the
Act 1870 ; the Attorneys' and Solicitors' Act 1870; amount of proof of all who attended the meeting ordinary way to uses, reserving the rent to A., his the University Tests Bill : the Trades' Union perzonally or by proxy. These creditors form the heirs and assigns, with the usual powers of distress, Bill; the Army Regulation Bill; the Ballot Bill; meeting. If the resolution is not signed by any
&c., and subject thereto to the use of the purchaser in and the Licensing Bill. particular creditor, that creditor mnst be deemed strictive covenants with A., bis heirs, executors, ad. fee; and the purchaser enters into binding and re
“Your committee feel assured that the treato have voted against; it if his signature is not
ministrators, and assigns, and these are followed by the surer's report--showing, as it does, an increased obtained as attending, he must be considered a usual power for A., his heirs and assigns, to re-enter income, and a decreased expenditure-will meet dissentient. Certainly it would appear from the for breach of covenant. Subsequently A. advances with the approval of the Society. The legal correswording of the definition of an ordinary and money of his own on mortgage of the property, which pondence department is also financially in a satisspecial resolution, and that of an extraordinary said renteharge and to the powers and remedies for
is conveyed to him by the mortgage, “ subject to the factory condition. During the past session three resolution, as defined in sect. 126, that in the recovery thereof, and to the covenants
and provisions provincial law students' societies-viz., the Wakeformer cases the creditor must vote or not vote contained in the said original conveyance,
Clerksthe and in the latter case, whether he votes or not, mortgagor covenants to pay, perform, and observe the Articled Clerks' Society, and the Exeter Law if he is one of the creditors assembled, he must rentcharge and covenants, and to indemnify the mort- Students' Society-have united thomselves with be considered as a dissentient, if he is not assent.
gagee. The second case is precisely similar to the first this Society. Our relations with these societies,
except that the mortgage money being ading. The decision of the Lords Justices has, how-vanced by A. alone, it is advanced by on. and B. jointly, of whom there are now thirteen connected with ever, simplied this portion of the subject, although out of trust funds in their hands, and the mortgage is
us, are extremely cordial, and a constant corres. I cannot help foreseeing difficulties in the working made to A. and B , and contaius the usual declaration pondence with them takes place, through the of it. If the creditor who does not wish to vote,
as to the advance being made out of joint moneys. Is secretary for societies in union, on matters con. withdraws his proof at the meeting, there appears
the rentcharge, or are the covenants merged, or are nected with the working of the societies, and the to be nothing to prevent his placing it again in
A.'s rights and powers under the covenants and proviso general interests of the Profession. The Davis the hands of the person entrusted with the papers either of the above cases ? and if so, how and to what for re-entry, in any way affected by the mortgage in
Prize for last session, consisting of books of the within the three days, or before the filing and extent ? And what is the best way of fraining a mort.
value of 57. 58., was awarded to Mr. George Whale, registration of the resolution, and voting for it gnge under such circumstances so as to prevent any as the writer of the best essay on privileged com. whether adjourned or otherwise, since he was a danger of such merger, &c. ?
munications. Mr. L. B. Mozley, a member of this creditor assembled at the meeting. Indeed, the
Society, obtained the Atkinson gold medal for recent decision is quite consistent with that which
last year; and Mr. Plant, also a member of this was involved in the judgment of the Lords Justices
Society, obtained one of the prizes of the Incorin Ex parte Pooley, re Sir Wm. Russell, that a cre.
porated Law Society in Michaelmas Term last. ditor, who at the meeting voted against the resolu.
“In conclusion, your committee would draw the tion for liquidation, could, before its filing, alter his DEBTOR AND CREDITOR LAWS.-Some profound attention of the Society to the great results that mind and sign the resolution, or rather withdraw philanthropist (at other people's cost) and chamber are being daily effected by the combination of his opposition to it. It may be that these decisions philosopher has originated the idea of bringing interests, and would express a hope that, at a place the manipulation of the proceedings too forward a Bill during the next session of Parlia. time when so many changes are contemplated in much in the hands of the person entrusted with ment to prevent debts below 408. value being legal education and in the constitution of our the papers-in most cases, the debtor's solicitor-recovered in any law court. A long string of judicial system, this societv, formed to improve bat perhaps it is considered that any disadvantage questions, contained in a printed circular, has the status and protect the interests of the younger which may arise in this respect, is to be counter- been sent to a person in Preston engaged in com- members of the Profession, may continue to rebalanced by the simplification of the proceedings mercial transactions, with the view of obtaining ceive the hearty support both of law students and the avoidance of those conflicts of testimony information as to the desirability of the proposed themselves, and also of those older members of which must ensue, if the question of voting or not change. The answer returned was as follows: the Profession who have its future welfare at voting is to depend on the evidence of adverse “ As the whole proposal can be nothing else than heart.-Signed on behalf of the Committee, witnesses. With regard to the maj required the suggestion of an idiot, it is useless discussing Clement's-inn Hall, JoHN PARKER, to carry an adjournment, on which the validity of the matter.”—Pretson Chronicle, Nov. 25.
Nov. 8, 1871.
V.C. Bacon's Court. A meeting of this society was held at Clement's he was married to the second daughter of the late inn-hall, on Wednesday, the 29th Nov. ult., Mr. Mr. James Sutton, of Shardlow Hall, Derbyshire,
At Lincoln's-inn. Bone, presiding. Mr. Hanhart moved the subject and much sympathy is felt for her on account of Monday Dec 4 In Bankruptcy for the evening's debate, viz., “That the seven her sudden bereavement.
Tuesday 5 First seal. Motions and adjourned
summonses points in the new social movement are capable of
Wednesday 6 General
paper being practically worked out.” The motion was
Thursday 7 Ditto lost by a majority of two.
8 Ditto THE COURTS & COURT PAPERS, Friday,
Saturday 9 Petitions, short causes, and general
paper MANCHESTER LAW STUDENTS' DEBATING
11 In Bankruptcy
Tuesday 12 General paper
13 Ditto An ordinary meeting of the society was held on
Thursday 14 Second seal. Motions and ad. Wednesday evening last, the 22nd ult., at the
journed summonses Law Society's rooms, Cross-street, Manchester.
15 General paper S. Hall, Esq., barrister-at-law, in the chair. The
Saturday 16 Petitions, short causes, and general subject for discussion was—"Is it desirable that
paper (Before the LORD CHANCELLOR.)
Monday a public prosecutor should be appointed ?" The
18 In Bankruptcy Tuesday
19 General paper question was argued in the affirmative by Mr Monday Dec ... 4 Appeals
Wednesday 20 Ditto Nuttall and Lr. Bridgford, and by Mr. Davis and Tuesday 5 Ditto
Thursday 21 Third seal. Motions and adjourned Mr. Edwards, on behalf of the negative; the ap. Wednesday 6 Petitions and appeals
summonses pointed speakers, Messrs. Bowden and Credland Thursday 7 Appeals
Friday. 22 Petitions, short causes, and general Friday
8 Appeal motions and appeals being absent. After the debate, the chairman
paper Monday 11 Appeals summed up, and, upon the vote being taken, it Tuesday 12 Ditto was found that the members were equally divided ; Wednesday 13 Ditto
V.C. Wickens' Court.
14 the question being ultimately decided in the Thursday
cond seal. Ditto
At Lincoln's-inn. negative by the chairman's casting vote.
15 Appeal motions and appeals
Monday... Dec. 4 First seal. Motions and general
paper society to state that he will feel obliged if the Wednesday 20 Petitions and appeals
5 General paper secretaries of the various other debating societies Thursday 21 Third seal. Appeals
6 Ditto will kindly furnish him, as early as possible, with Friday..
8 Petitions, adjourned summonses, copies of the rules of their respective societies, it
and general paper being the intention or the committee of the Man.
(Before the LORDS JUSTICES.)
Saturday chester Law Students' Debating Socieey to make
9 Short causes, adjourned summonses,
and general paper certain alterations in their rules as they at
11 General paper present stand.
Monday Dec ...
Tuesday 12 Ditto
Wednesday 13 Ditto
Thursday 14 Second seal. Motions and general HULL LAW STUDENTS' SOCIETY. Thursday 7 Bankrupt appeals and appeals
paper Friday Ar a meeting of this society on Tuesday evening
8 Appeal motions
Friday 15 Petitions, adjourned summonses, Saturday.. 9 Petitions in lunacy, appeal peti.
and general paper last, there was a good attendance of members.
tions, and appeals
Saturday 16 Short causes, adjourned summonses, Mr. Glover in the chair. Having examined the Monday 11 Appeals
and general paper. members on “Fraud,” ir Smith's Equity, the Tuesday
18 General paper
13 Ditto following point was discussed : “Is an innocent Wednesday
19 Ditto Thursday principal responsible for the unauthorised fraud
14 Second seal. Bankrupt appeals and Wednesday 20 Ditto of his agent, made in the course of a contract with Friday
21 Third seal. Motions and general 15 Appeal motions
paper a third party ?" (See Udell v. Atherton.) Mr. Saturday. 16 Petitions in lunacy, appeal peti- Friday 22 Petitions, short causes, and ad. Spink argued for the affirmative, and Mr. Pearce
tions, and appeals
journed summonses for the negative. The point was decided by a Monday 18 Appeals
N.B.-In Vice-Chancellor Wickens' Court no cause, large majority in the affirmative.
motion for decree, or further consideration, can, ex: Wednesday 20 Ditto
cept by order of the court, be marked to stand over, if Thursday 21 Third seal. Bankrupt appeals and it be within twelve of the last cause or matter in the appeals
printed paper of the day for hearing. PROMOTIONS & APPOINTMENTS Friday.
22 Appeal motions Such days (if any) as the Lords Justices shall be Any causes intended to be heard as short causes
engaged in the full court or at the Judicial Committee before either of the Vice-Chancellors must be so marked IX.B.-Announcements of promotions being in the nature of the Privy Council are excepted.
at least one clear day before the same can be put in the of advertisements, are charged 28. 6d, each, for which
paper to be so heard. postage stamps should be inclosed.]
Rolls Court. THE Right Hon. Sir Willliam Bovill, Kt., Lord
THE GAZETTES. Chief Justice of Her Majesty's Court of Com.
(Before the Master of the ROLLS.) mon Pleas at Westminster, has appointed Charles
Motions and general Wood, of Runcorn, in the County of Chester, Monday Dec ... 4 First seal.
Professional Partnerships Dissolbed.
paper gentleman, to be a Perpetual Commissioner for Tuesday
5 General paper
Gazette, Nov. 17. taking acknowledgments of deeds to be exe- Wednesday 6 Ditto
GODWIN, PICKETT, and MYTTON, attorneys and solicitors, King's cuted by married women in, and for the county of Thursday
Bench walk, Temple. Nov. 14. (Alfred Godwin, Henry Pickett, Chester.
and Thomas Mytion) as regards Godwin.
Gazette, Nov. 21. summonses, and general paper BRETHERTOX, Sox, and HAYXAN, sclicitors, Liverpool and Birk Monday 11 General paper
enhead. Nov. 11. LEGAL OBITUARY.
(Edward Bretherton, Charles Edward Bre Tuesday 12 Ditto
therton, and James Hannan.) Wednesday 13 Ditto
HEATHER, JAMES, sen., HEATHER, JAMES, jun., and FLEMING,
ALBERT, attorneys and s. licitors, Paternoster-row, Nov. 18. A. A. PARK, ESQ.
Thursday 14 Second seal. Motions and general
pa per The late Alexander Atherton Park, Esq., senior Friday
15 General paper
Bankrupts. master of the Court of Common Pleas, who died Saturday.
16 Petitions, short causes, adjourned on the 21st Nov., at his residence near Twicken
summonses, and general paper
Gazette, Nov. 24.
18 General paper ham, in the 70th year of his age, was the youngest Tuesday
To surrender at the Bankrupts' Court, Basinghall.st. 19 Ditto
BAKER, J. OSBORNE, commercial traveller, Upper Thames.st son of the late Right Hon. Sir James Allan Park, Wednesday 20 Ditto
and Purk-ter, Regent's.pk. Pet. Nov. 20. Reg. Brougham, Sol. judge of the Court of Common Pleas (who died in Thursday 21 Third seal. Motions and general
Sydney, Finsbury-circus. Sur, Dec. 8
BRAIN, THEOPHILUS ALFRED, currier, Bridge-st, Stratford. Pet. 1839), by Lucy, daughter of Mr. Richard Atherton.
Nov. 18. Reg. Roche. Sol. Shepherd, College-st He was born in the year 1800, and was educated at Friday.
22 Petitions, short causes, adjourned MARCH MONT, HENRY, builder, Colville-sq. Notting-hill. Harrow and Balliol College Oxford, where he
summonses, and general paper
Nov. 21. Reg. Murray. Sol. Eyre, John-st, Bedford-row. Sur. At the Rolls, unopposed petitions must be presented
MEALIN, graduated B.A. in 1822, and proceeded M.A. in
ICHARD THOMAS, dealer in cigars, Hardy-ter, Houn.
slow. Pet. Nov, 18. Reg. Ruston. Sur. Dec. 9 1825. Called to the Bar by the Honourable Society and copies left, with the secretary on or before the of Lincoln's-inn in 1827, he soon gained a distin, they should be heard, and any causes intended to be Thursday preceding the Saturday on which it is intended
To surrender in the Country
FORRER, HENRY, BAWDEX, JOnx, and Phipps, WALTER, ship. guished position in the Profession, being appointed heard as short causes must be su marked at least one builders, Liverpool. Pet. Nov. 20. Reg. Watson. Sur. Dec. 3 to the post of Prothonotary and Master of the clear day before the same can be put in the paper to be
JOHxsox, JOSEPH, and JOHNSOX, WILLIAM, millers, Laneham
and Spalford. Pet. Nor. 22. Reg. Patchitt. Sur. Deo. 5 Court of Common Pleas, an office which he held so beard.
LORD, MATTHEW, jun., joiner, Gildersome. Pet. Nov. 18. Reg.
Marshall. Sur. Dec. 14 for nearly forty-five years, and the duties of which
OLDROYD, JOUX, tobacco manufacturer, Dewsbury. Pet. Nov. 21. he discharged until within a few days of his death.
V.C. Malins' Court.
Reg. Nelson. Sur. Dec. 7 The deceased gentleman was much respected by
PICKERSGILL, RICHARD, boot dealer, Blackburn. Pet. Nov. 16. At Lincoln's-inn.
Reg. Bolton. Sur. Dec. 6 the Profession, and the numerous suitors who Monday Dec ... 4 First seal. Motions and general
RAPIER, ALEXANDER TATE, homoeopathic chemist, Norwich. transacted business before him. A contemporary
Pet. Nov. 20. Reg. Palmer. Sur. Deo. 12 paper
ROWBOTHAM, WILLIAM, and ROWBOTHAM, EDMUND, maltstert, states that the salary of the senior mastership, Tuesday
5 General paper
Newark Pet. Nov. 2. Reg. Patchitt. Sur. Dec. 5 vacant by Mr. Park's death, is worth 20001. per Wednesday 6 Ditto
SOUTH WORTH, CHRISTOPHER, draper, Birmingham. Pet. Nov.
10. Reg. Chauntler. Sur. Dec. 6
7 Ditto annum, while masters Gordon, Airey, and Bennett, Thursdny
8 Petitions and general paper receive respectively 15001., and that the salary of
Gazette, Nov. 28.
To surrender in the Bankrupts' Court, Basinghall-street. and general paper
BENIT, JOHN ADRIAN, commission agent, Addington-rd, Bow Monday 11 General paper
and Savage-gdns, City. Pet. Nov. 24. Reg. Murray. Tuesday 12 Ditto
BILBY, ROBERT WILLIAM, mantle maker, Lorrimore-sq., Wal.
worth. Pet. Nov. 33. Reg. Pepys. Sur. Dec. 12 We have to announce the death of Mr. William Thursday 14 Second seal. Motions and general FEREDAY, ALFRED, attorney-at-law, Bedford row. Pet. Nov. 24. Hodson Lloyd, barrister-at-law, who expired after
Reg. Murray. Sur. Dec. 13
15 Petitions and general paper a short illness on Sunday, the 26th ult., at the
To surrender in the Country. Saturday 16 Short causes, adjourned summonses, early age of 29. Mr. Lloyd was called to the Bar
BROWY, MILLER CHARLES, cheinist, Witney. Pet. Yov. 25. Reg. and general paper
Bishop. Sur. Dec. 9 at the Middle Temple on 30th April, 1869, and Monday
18 General paper
BUCK, WILLIAM CUMMINGS, lieutenant R.N., Fairlight. Pet.
Nov. 21. Reg. Young. Sur. Deo. 9 soon after joined the Midland Circuit and the Tuesday 19 Ditto
JOHNSON, EDWARD, land agent, Newcastle upon Tyne. Pet. Nov. Warwick and Birmingham Sessions. He was Wednesday 20 Ditto
25. Reg. Mortimer. Sur. Dec. 12 deservedly popular with his brethren at the Bar, Thursday 21 Tbird seal. Motions and general | LORD, EDMUND; LORD, SAMUEL; and LORD, JOHN, woollen
manufacturers, Rochdale. Pet. Nov. 27. Reg. Tweedale. Sur.
paper and good expectations were formed of his success
Friday 22 Petitions, short causes, and adin the Profession. So ecently as 7th Sept. last
MITCHELL, FREDERICK ROSIER, pawnbroker, Aberdare. Pet. journed summonses
Nov. 22. Judge, Falconer. Sur. Dec. 9