Page images
[merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]

ABBOTT, MARY ANNE, schoolmistress, Framlingham; Dec. 12, at twelve, at office of Sol., Pollard, Ipswich

ALLDRIDGE, RICHARD WILLIAM, out of business, Old Jewry and Old Charlton; Dec. 1, at two, at office of Sol., Chidley, Old Jewry

BAKER, MARIANNE BYLES, widow, Ipswich; Dec. 8, at twelve, at office of Sols, Messrs. Notcutt, Ipswich

BENNION, JOSEPH, out of business, Liverpool; Dec. 5, at two, at office of Sols., Thornley and Heaton, Liverpool

BLACKWELL, WILLIAM HENRY, accountant, Albion-ter, Kensington: Dec. 2, at one, at office of Sol., Maniere, Great Jamesst. Bedford-row

BLAMIRES, JOSHUA, jun., grocer, Cleckheaton; Dec. 8, at two, at office of Sol., Curry, Cleckheaton

BONNER, GEORGE FREDERICK, printer. Lewisham; Dec. 7, at two at office of Sols., Chapman, Clarke, and Turner, Lincoln's-innfields BOSWORTH, GEORGE, and CHASSER, ANN, fishmongers, Stourbridge; Dec. 4, ot two, at office of Sol., Burbury, Stourbridge CHAPMAN, EDWARD, innkeeper, Southreps and Giminingham; Dec. 6, at twelve, at the Cross Keys inn, North Walsham. Sol., Glabburn, Norwich

CLARKE, JAMES, cheesemonger, Compton-st, Brunswick-sq; Dec. 7, at twelve, at office of Sols., Carter and Bell, Leadenhall-st COURT, HENRY, farmer, Headle-heath, par. King's Norton; Dec. 8, at three, at office of Sol., Rowlands, Birmingham CRANNAGE, JOSEPH, commission agent, Kidderminster; Dec. 7, at four. at office of Sol., Saunders, jun., Kidderminster CUNLIFFE, JAMES, tobacconist, Bolton; Dec. 12, at two, at office of Sol.. Ryley, Bolton

EDWARDS, CHARLES, grocer, Rougham; Dec. 9, at two, at the Angel hotel, Bury Saint Edmunds; Sol., Walpole, Bury Saint Edmunds

EGGBRECHT, FREDERICK, tobacconist, Walworth-rd; Dec. 11, at twelve, at office of Sol, Buchannan. Basinghall-st

ELLIS, RICHARD, butcher, Old Winsford; Dec. 6, at eleven, at office of Sol., Wall, Stourbridge

FOSTER, EDWARD PHILLIPSON, stationer, High-st, Peckham; Dec. 9, at twelve, at offices of Smart, Snell, and Co., Cheapside. Sol, Denny

GILBERT, WILI IAM, THOMAS, builder, Norwich; Dec. 6, at eleven at office of Sols., Miller, Son, and Stevens, Norwich GRAHAM, JONATHAN, draper, Darlington; Dec. 9, at eleven, at offices of Hudson, accountant, Stockton. Sols., Fawcett, Garbutt, and Fawcett

GRAY. Rev. WILLIAM, clerk in holy orders, Upton Lovell; Dec. 4, at twelve, at office of Sols., Seagram and Wakeman, Warmin


HALL, GEORGE DAVID, beer retailer, Waterloo lodging-houses,
Wilmot-st, Bethnal green-rd; Des. 6, at three, at office of Sol.,
Beverley, Basinghall-st
HOLLISTER, THOMAS, beerhouse keeper, Quenington; Dec. 6, at
ellven, at office of Sol., Foote, Swindon

HOLT, JAMES, joiner, Rochdale; Dec. 8, at three, at the White
Swan inn, Rochdale. Sol., Standing, jun., Rochdale
HOPWOOD, JOHN, photographic artist, Middlesborough, also
Bishop Auckland and Spennymoor: Dec. 7, at twelve, at the
Black Lion hotel, Stockton. Sol., Bainbridge, Middlesborough
HOTHER ALL, THOMAS, innkeeper, Salford; Dec. 5, at two, at
office of Sols., Wheeler and Deane, Blackburn

HULSE, RICHARD, waterman, Over, near Winsford; Dec. 11, at eleven, at office of Sol., Bent, Winsfor1

HEST, CHARLES, auctioneer, Horsham; Dec. 12. at three, at office of Sol, Lamb, Brighton

IVIMY, CHARLES, soda water manufacturer, Manchester, trading as Lingard and Co.; Dec. 8, at three, at the Clarence hotel, Manchester. Sol., Leigh, Manchester

JAGGER, WILLIAM, grocer, Sheffield; Dec. 6, at one, at office of Sol, Machen, Sheffield

JENNER, RICHARD, no occupation, Ceylon-pl; Dec. 11, at twelve, at the Brewer's Arms inn, High-st, St. Michael's, Lewes. Sol., Holman, Lewes

JORDAN, GEORGE, boot_manufacturer. Birmingham; Dec. 5, at three, at office of Sol., Parry, Birmingham

KAYE, WILSON, builder, Barnsley; Dec. 7, at half-past twelve, at office of Sol., Dibb, Barnsley

KESWARD, ROBERT, chemist, Landport; Dec.7, at eleven, at office of Sol., Walker, Portsea

KING, JOHN, cooper, Luton; Dec. 7, at three, at office of Sol., Scargill, Luton

LONGHURST, THOMAS, corn merchant, Camberwell-rd, Camber

well; Dec. 13, at two, at offices of Slater and Pannell, accountants, Guildhall-chmbs, Basinghall-st. Sol., Hewitt, Nicholaslane

MAIN, EDWARD, clothier, Newcastle; Dec. 7, at two, at office of
Sol, Joel, Newcastle

MCGUFFIE, DAVID COLTON, draper, Fulton-villas, Arragon-rd,
Tickenham; Dec. 11, at eleven, at office of Sol., Haigh, jun.,
King-st, Cheapside
MERCER, THOMAS, architect, Great Crosby and Liverpool; Dec. 8,
at three, at office of Sol., Forrest, Liverpool

MITCHELL, ROBERT PARKIN, card manufacturer, Honley; Dec.
7, at eleven, at office of Sol., Sykes, Huddersfield
MORRISON, ROBERT, bedding manufacturers, Liverpool; Dec. 7,
at three, at office of Sol, Yates, Liverpool
NEWMAN, HENRY, farmer, Eaten; Dec. 5, at twelve, at the County
Court, Norwich. Sol., Chittock, Norwich
PARKER, GEORGE, victualler, Dean-st, Soho; Dec. 5, at three, at
office of Sol., Moojen, Southampton-st, Bloomsbury
PALMER, THOMAS, blacksmith, Whitehaven; Dec. 7, at three, at
office of Sol.. Mason, Whitehaven

PEARSON, JAMES, victualler, Liverpool; Dec. 7, at three, at office of Sols., Duke and Goffey, Liverpool

PEMBERTON, JOHN, brewer, Barnsley: Dec. 7, at three, at offices of Sol., Dibb, Barnsley


PREBBLE, FREDERICK THOMAS, builder, Benhill-rd, Camberwell, Dec. 11, at two, at offices of Slater and Pannell, Guildhallchmbe, Basinghall-st. Sol., Mileham, Poultry RAINFORD, ELIZABETH, shopkeeper, Widnes; Dec. 5, at three, at offices of J. Robinson, accountant, Lord-st, Liverpool. Hore, Liverpool ROBERT, DAVID, notary's clerk, Clarendon-villas, Ealing; Dec. 4, at two, at offices of Sol., Cheston, Great Winchester-st-bldgs ROWLAND, THOMAS, grocer, Ashton New-rd, Bradford, near Manchester, Dec. e, at two, at offices of Sol., Addleshaw, Manchester RYE, JOHN, shoemaker, Wetherden; Dec. 7, at ten, at offices of Messrs. Gudgeon, Stowmarket

SAWER, EVERARD HARRISSON, grocer, Scarborough; Dec. 15, at twelve, at offices of Sols., Drawbridge and Rowntree, Scarborough

SIBBALD, THOMAS, draper, Aberdare; Dec. 6, at twelve, at offices of Sol, Morgan, Cardiff

SMITH, CHARLES, jun, butcher, Northampton; Dec. 13, at eleven, at office of Sol., White, Northampton

SMITH, JAMES, labourer, Wimblebury, near Cannock; Dec. 8, at twelve, at the Old Crown Hotel, Lichfield. Sols., Barnes and Russell, Lichfield

SUTTON, GEORGE FREDERICK, cheesemonger, Britannia - ter,
Kenal-town; Dec. 11, at two, at the Inns of Court Hotel, High
Holborn. Sol., Clarke, St. Mary's-sq, Paddington
TASKER, JAMES, and TASKER, ELIJAH, stonemerchants, Stone-
yards, Hampstead-heath Railway Station; Dec. 14, at three, at

the White Swan Hotel, Princess-st, Halifax. Sols., Linklater, Hackwood, Addison, and Brown, Walbrook TAYLOR, WILLIAM, ship chandler, Liverpool; Dec. 6, at two, at offices of Sols., Richardson, Jones, and Billson, Liverpool THIRKETTLE, JOHN HENRY, grocer, Sheerness; Dec. 11, at two, at offices of Sol., Lovett, New-inn, Strand TOMLINSON, WILLIAM JONATHAN, pawnbroker, Camden - rd: Kentish-town-rd; Great College-st, Camden-town; and the Broadway, Barking; Dec. 7, at two, at 16, Southampton - st, Bloomsbury-sq. Sols., Stileman and Neate

VINCENT, CHARLES, blacksmith, Harwich; Dec. 18, at three, at the Three Cups Hotel, Harwich. Sol., Hill, Ipswich WEST, EDWIN, ship agent, Deal, Ramsgate, and Margate; Dec. 9, at eleven, at the Royal Exchange Hotel, Deal. Sol., Drew, Deal

WHITEHOUSE, ISAAC, greengrocer, Tipton; Dec. 7, at eleven, at office of Sol., Travis, Tipton

WILLIAMS, WILLIAM HENRY, greengrocer, Tonypandy; Dec. 5, at four, at the Institute-chmbs, Pontypridd. Sol., Morgan WINCHCOMBE, JAMES ALPHEUS, gardener, Victoria-rd, Surbiton; Dec. 9, at eleven, at offices of Sols., Wilkinson and Howlett, Kingston-on-Thames

WOOD, JOSEPH, shopkeeper, Huddersfield; Dec. 9, at eleven, at the County Court, Huddersfield. Sol., Freeman, Huddersfield WRIGHT, JOHN, innkeeper, South Stockton; Dec. 4, at eleven, at office of Sol., Draper, Stockton

Gazette, Nov. 28.

ATKINSON, THOMAS, barber, Keswick; Dec. 11, at two, at office of Sol., Lowthian, Keswick

BASSEY, JAME, auctioneer, Bristol; Dec. 7, at twelve, at offices of Sols., Press and Inskip, Bristol

BOOTH, JOHN, auctioneer, Huddersfield; Dec. 20, at four, at office of Sols. Learoyd and Learoyd, Huddersfield

BROOK, GEORGE, dyer, Leeds; Dec. 13, at two, at Wharton's hotel Leeds. Sol., Granger

BROWN, THOMAS, engraver, Leeds; Dec. 12, at two, at office of Sols., Fawcett and Malcolm, Leeds

BUCK, GEORGE, commission agent, Lawrence-la, Cheapside; Dec. 13, at two, at the Masons' Hall tavern, Masons -avenue, Basinghall-st. Sol., Watson, Basinghall-st

BUZZARD, WILLIAM, colonial broker, Bristol; Dec. 8, at twelve, at offices of Messrs. Henderson and Salmon, solicitors, Bristol. Sol., Salmon, Bristol

CHAPPEL. FRANCIS, stonemason, Wakefield; Dec. 11, at three, at the Strafford Arms hotel, Wakefield. Sols., Harrison and Smith CHURCH, GEORGE, innkeeper, High Wycombe; Dec. 11. at four, at No. 90, Easton-st, High Wycombe

CLARK, FREDERICK, licensed victualler, Tottenham; Dec. 18, at two, at office of Sol., Chidley, Old Jewry CRAVEN, ADELAIDE, boarding-house keeper, Ryde; Dec. 11, at two, at office of Sol., Beckinsale, Newport CURTIS, CHARLES, greengrocer, Pelham-st, Brompton: Dec. 6, at eleven, at office of Sol., Johnson, Southampton-bidgs, Chancery. DARBYSHIRE, ROBERT, joiner, Wigan; Dec. 11, at three, at office or Sols., Leigh and Ellis, Wigan


DAVIS, WILLIAM HENRY, grocer, Ford, near Devonport; Dec. 12, at eleven at office of Sols., Greenway and Adams, Plymouth EVANS, RICHARD, tailor, Pwllheli; Dec. 4, at twelve, at offices of Sol., Owen, Pwllheli

EVANS, THOMAS, bricklayer, Pendleton; Dec. 13, at three, at office of Sol., Hardy, Manchester

GOLDING, GEORGE WILLIAM, butcher, Kentish-town-rd: Dec. 4, at twelve, at office of Sol., Davis, Bedford-row, Holborn GREGORY, ELISHA, builder, Bristol; Dec. 11, at eleven, at office of Sol., Buckland, Bristol

HAIGH, WILLIAM, grocer, Huddersfield; Dec. 11, at eleven, at office of Sols., Messrs. Clough, Huddersfield

HARRIES, FREDERICK RUSSELL, manufacturer, Liverpool-rd, Islington; Dec. 8, at twelve, at office of Sol., Mardon, Newgate


HARRIS, THOMAS, provision dealer, New Swindon; Dec. 8, at eleven, at the Bell hotel, Swindon

HAWKINS, RICHARD WALLIS, farmer, Upcerne: Dec. 8, at clever, at the Antelope hotel, Dorchester. 81., Howard. Weymouth HEDGER, JAMES, Iford, Dec. 18, at twelve, at office of Sol., Preston. Mrk-la

H BBS, JOSIAH, timber merchant. Bristol; Dec. 8, at two, at office of M-s-rs. Denning, Smith, and Co., public accountants, Bristol. Sol, Beckingham, Bristol

HOWELL, THOMAS, harness maker, Southampton: Dec. 11, at three, at office of Sols., Coxwell, Bassett, and Stanton, Southampton

HURLEY, WELBER JOHN, baker, Bristol; Dec. 11, at eleven, at office of Sol., Bowles, Bristol

JOHNSON, JOHN, grocer, High Felling; Dec. 14, at two, at office of Sol., Joel, Newcastle-upon-Tyne

JORDISON, THOMAS NORTH, grocer, Reform-ter, Park-la, Tottenham; Dec. 11, at two, at the Chamber of Commerce, Cheapside. Sols., Harcourt and Macarthur, Moorgate-st

KAYE, JOSEPH, woollen manufacturer, Halifax; Dec. 12, at three,
at office of Sols., Holroyde and Smith, Halifax
LATHAM, ALBERT, surveyor, St. Peter's-rd and Katherine-st,
Croydon Dec. 13, at one, at the Guildhall Coffee-house,
Gresham-st. Sol., Parry, Croydon

LEA, RICHARD, chemist, Romsey; Dec. 13, at one, at the Guild. hail Coffee House, King-st, Cheapside. Sol., Kilby, Southampton LEAVERS, WILLIAM, framesmith, Radford; Dec. 11, at twelve, at office of Shelton, Nottingham

LISTER, STEPHEN, provision dealer, Sheffield; Dec. 11, at three, at offices of Sol., Clegg, Sheffield

LOCKWOOD, JOWITT, and ROBERTS, JOHN SHARP ROBINSON, cloth finishers, Holbeck, near Leeds; Dec. 7, at three, at office of Sol., Spirett, Leeds

LOMAS, WILLIAM, baker, Lewisham; Dec. 19, at three, at office of
Sol., Green, Cannon-st

MCKELVEY, THOMAS, licseed vietualler, Dudley-st, Soho; Dec. 13,
at two, at office of Sol., Lomax, Old Bond-st, Piccadilly
MAY, JOSEPH, agent, Swansea; Nov. 7, at twelve, at office of
Sol., Middleton, Neath

MEE, JOHN, farmer, Gorton; Dec. 8, at three, at office of Sols.,
Sutton and Elliott, Manchester

MILNE, ALEXANDER, furnishing fronmonger, Great Chapel-st, Westminster; Dec. 12 at one, at office of Sol., Reeve, Lily pot-la, Noble-st

MITCHELL, SAMUEL, card manufacturer, Huddersfield; Dec. 12, at three, at:office of Sol., Meller, Huddersfield MURCHIE, JOHN, cabinet maker, Carlisle; Dec. 12, at two, at office of Sol., Wright, Carlisle

ORBAN, MICHAEL JAMES GEORGE, uctioneer, Cannon-st; Dec. 8, at eleven, at office of Messrs. Eady and Champion, Great Winchester-st-blitgs. Sol., Eady

PARKER, JOHN BLAKE, cut of business, St. John's-st, West
Smithfield, Dec. 15, at three, at office of Mr. Birkhall. South-
ampton-bldg, Chancery-la. Sol., Harrison, Furnival's inn
PATCHETT, JOHN, grocer, Walthamstow; Dec. 13, at twelve, at
office of Sols., Carter and Bell, Leadenhall-st
chants, Swansea: Dec. 12, at two, at office of Sols., Strick and
Bellingham, Swansea

PODMORE, EDWARD, grocer, King's-rd, and Church-st, Chelsea;
Dec. 18, at twelve, at the Guildhall Coffee-house, Gresham-st.
Sols., Courtenay and Croome, Gracechurch-st
RACKSTROW, WILLIAM CHARLES, banker's clerk, London-ter,
London-fields, Hackney; Dec. 12, at two, at office of Sol.,
Stackpoole, Pinner's-hall, Old Broad st

RALSTON, GERARD, merchant, Langham pl, Portland-pl, Regentst, and the London Institution, Finsbury-circus; Dec. 14, at twelve, at office of Sols., Courtenay and Croome, Gracechurchstreet

RAWE, EMILY, grocer, Streatham-pl, Brixton-hill; Dec. 8, at twelve, at office of Sols., Carter and Bell, Leadenhall-st ROBERTS, JOHN, and ROBERTS, WILLIAM, dealers in hair, Bradford; Dec. 7, at ten, at office of Sol., Hargreaves, Bradford ROWLEY, GEORGE, out of business, Shelton; Dec. 7, at eleven, at office of Sol., Tennant, Hanley SCHOFIELD, JOHN WILLIAM, shoemaker, Huddersfield; Dec. 18, at four, at office of Sols., Learoyd and Learoyd, Huddersfield SYKES, HENRY CECIL, gentleman, Oxford-villas, Hammersmith; Dec. 7, at twelve, at office of Sol., Smith, Great James-st, Bedford-row

SMITHSON, ALLEN, contractor, Batley; Dec. 11, at three, at office of Sol., Schofield, Batley

TAYLOR, EDWARD FERGUSON, collector for the East Barnet Gas and Water Co., Dec. 6, at twelve, at office of Sol., Davis, Bedfordrow, Holborn

TESSIER, FREDERICK GORDELIER, commercial clerk, Walbrook;
Dec. 6, at twelve, at offices of the London Warehousemen's
Association, Gutter-la. Sol,, Plunket, Gutter-la
WARREN, GEORGE, restaurant keeper, Harrogate; Dec. 12, at
twelve, at office of Sol., Bateson, Harrogate

WARREN. MARY ANN, Cheltenham; Dec. 7, at eleven, at offices of Sol., Chesshyre, Cheltenham

WATTS, THOMAS, hosier, Liverpool; Dec. 11, at three, at office of Sol., Nordon, Liverpool

WELCH, EDWARD, statuary, Salem-rd, Moscow-rd, Bayswater; Dec. 15, at four, at No. 10, Bartlett's-bldgs, Holborn. Sols... Messrs. Langham

WIGG, CHARLES JAMES, grocer, Cambridge; Dec. 12, at eleven, at office of Sol., Ellison, Cambridge

WILSON, EDWARD, shoemaker, Bradford; Dec. 6, at eleven, at office of Sol., Dawson, Bradford WINDEBANK, RICHARD, Luton, Nov. 29, at four, at the Plait-hall' hotel, Luton

Orders of Discharge.

Gazette, Nov. 7.

BRETT, RICHARD, auctioneer, Trinity-sq, Newington, and Exchange-chmbs, Southwark

MILLS, CALEB ROBERT, grocer's assistant, Northleach
NAPIER, THOMAS, surgeon, Littlehampton

SIMPSON, ALEXANDER, formerly manufacturer of cattle spice, 14, Clarence-st, Clapham-rd

Gazette, Nov. 14.

LAMB, ALEXANDER FRANCIS, publishers, Bouverie-st
LUMSDEN, JAMES, out of business, Pitt-st, Saint Pancras
Gazette, Nov. 17.

LIVERMORE, WILLIAM CHARLES, builder, Victoria-pk-sq, Victria-
RHODES, JAMES, steel merchant, Sheffield

Gazette, Nov. 21.

SMITH, JOHN, formerly cab proprietor, John-st, St. John's-wood



The Official Assignees, &c., are given, to whom apply for the Dividends.

Andrew, A. commercial clerk, second, 3d. McNeill, Manchester. -Binbridge, W. victualler, &c., first, 74. Paget, Basinghall-st.Bray, Child, and Roseby, colliery proprietors, first, 3d. Kinnear, Birmingham.-Bridgman, E. corn and flour dealer, sixth, 2s. 4d. Paget, Basinghall-st.-Brown, J. tin plate worker, first, 8d. McNeill, Manchester.-Elphick, W. wine merchant, first, 38, 1d. Paget, Basinghall-st.- Hammond, T. E. stationer, first, 18. 1d. Paget, Basinghall-st.-Jackson, B. A. builder, first, 18. 94d. Paget, Basinghall-st.-Jewell, T. W. surgeon, sixth, 2s. 6d. Paget, Basinghall-st.-Jockisch, J. G. commission agent, second, old. McNeill, Manchester.-Jones, R. butcher, first, Is, 84. Kinnear, Birmingham. Lee, J. brewer (on new proofs) 8d. Kinnear, Birmingham. -Napper, T. surgeon, second, 7.3.d. Paget, Basinghall-st.-Rouch, C. C. out of business, first, 2. 14. Kinnear, Birmingham.-Royle, McNeill, Manchester.-Walton, S. provision dealer, first, 2s. 6d.

S. W. printer, second, 144. McNeill, Manchester.-Wright, S. hotel keeper, second, d. McNeill, MaNchester.-Yeomans and Stamfortth ironmongers (first and second 78. 10d. on new proofs), second, 1s. 1d. Paget, Basinghall-st.

Balshare, G. baker, first, 2s. 6d. At offices of Trust. H. Carmichael, 1, Cambridge-chmbs, 77A, Lord-st, Liverpool.-Barn, W. watchmaker, 8s. At offices of J. Greener and Co., accountants, 62, Greyst, Newcastle.-Fairey, J. jeweller, first, 2s. At offices of Eddy and Bellringer, 96, High-st, Stockton.-Gething, W. L. Rhoswiell-lodge, par. Saint Martin's, second and final, d. An offices of 1 rust. W Eddy, the Fron, Llangollen.- Hardie, E. B. grocer, first and final, 8. At offices of Trust. Milne, 7, Norfolk st, Manchester.- Head, W. B. hotel proprietor, first, 1. At Trust. H. Honey, 28, King-st, Cheapside.--Idae, E. B. warehouseman, 20s. At offices of Wenham Brothers, 18, Austin-friars,-James, E. builder, first, 28. Cd. At 25, Coleman-st.--Kavanagh, F. J. pearl worker, first and final, 104d. At Trust. J. Bunkle, accountant, 25, Waterloo-st, Birmingham.Kemp, J. ironmonger, first, 3s. At Trust. J. Kemp, 46, Cannon-st, city London.-Steer, G. grocer, second, td, Trust. T. Lacy, 17, St. Swithin's la, Cannon-st.-Swallow, J. joiner, first and final 128, 10d. At offices of Sols. Marriott and Woodall, Manchester.Travis, H. jun., and Bamford, E. flannel manufacturers, second and final, 28, 5d. At offices of Trust. E. Woodcock, 1, Old Marketchmbs, Rochdale.


Apply at Provisional Assignee's Office, Portugal-st, Lincoln's inn, between 11 and 2 on Tuesdays. Cooper, T. artist, King William-st, fifth, 11. making 20s.-Sendamore, W. F. out of business, Brompton, fifth, .-Wilder, D. H.. master in the Royal Navy, Southsea, second, 9s. 34.



HARRIS.-On the 26th ult, the wife of Richard Harris, Esq. solicitor, of No. 7, St. Ann's-villas, Royal-crescent, W., of a daughter.


HARRISON. On the 28th ult., at 1, Southwick place, Hyde-parksquare, the wife of Frederick Harrison, of Lincoln's-inn, of a HOLLAND.-On the 24th ult, at Sunnyside, Wimbledon, the wife of E. Thurstan Holland, of Lincoln's-inn, barrister-at-law, of a daughter.

SAINT. On the 21st ult., at Groombridge-place, Kent, the wife of John James Heath Saint, Esq., of the Inner Temple, barristerat-law, of a son.

SPITTA.-On the 28th Oct., at Lahore, Punjab, the wife of C. H Spitta, Esq., barrister-at-law, of a son. WILBERFORCE.-On the 23rd ult., at Aylesbury-villa, Springgrove, the wife of Edward Wilberforce, Esq., barister-at-law, of a daughter.

MARRIAGES. DAVIDSON-GORDON.-On the 14th ult., at St. Clement Danes, London, John Richard Davidson, Esq., of the Middle Temple, barrister-at-law, to Grace, only child of the late Daniel Glassford Gordon, Esq., of Courland, Tobago.

[ocr errors]

GILBERTSON-RAW.-On the 23rd ult, at the parish church of St. John, Preston, Lancashire, William Gilbertson, solicitor, of Preston, to Mary Elizabeth, second daughter of the late John Raw, of Preston.

WIDDOWS-SHOESMITH. — On the 28th ult., at Holy Trinity Church, St. Mary, Newington, Mr. Thomas Widdows, of 11, Newinn, Strand, London, and 8, Croxted road, Dulwich, solicitor, to Bessie, eldest daughter of the late Mr. Matthew William Shoesmith, of Great Dover-street, Southwark. WALKER-WOOD.-On the 22nd ult., at St. Martin's Church, Scarborough, Edward Robinson Walker, of Manchester, solicitor, to Lola, second daughter of Edward Wood, Esq., of Westwood Mount, Scarborough.


ASTON.-On the 3rd ult., at Hereford, aged 54, William Aston Esq., solicitor.

CHAPMAN. On the 24th ult., at Uxbridge, Middlesex, aged 77, William Chapman, Esq., formerly of Devonport, solicitor, after a short illness.

HARVEY.-On the 28th ult., at Moreton Hampstead, Devon
aged 72, Moses Woolland Harvey, Esq., solicitor.
HAYWARD. On the 24th ult., at Queen's-road, Bayswater, Philip
Hayward, Esq., of Marden, in the county of Wilts, and of the
Inner Temple, London.

LLOYD.- On the 26th ult, at Holles street, Cavendish square, aged 29, William Hodson Lloyd, barrister-at-law, of the Middle Temple, and of the Midland Circuit.

PARK. On the 21st ult., at Heddon house. Isleworth, aged 69, Alexander Atherton Park, Esq., Senior Master of the Court of Common Pleas.

SMITH. On the 18th ult., at Edinburgh, Eaglesfield Bradshaw Archibald Lockhart Smith, Esq., Fellow of Christ's College, Cambridge, and barrister-at-law, Lincoln's-inn.


WHOLESALE & RETAIL STATIONERS, 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E. Carriage paid to the Country on Orders exceeding 208.

DRAFT PAPER, 4s. 6d., 68., 78.,78. 9d., and 98. per ream.
BRIEF PAPER, 158. 6d., 178. 6d., and 238. 6d. per ream.
FOOLSCAP PAPER, 108. 6d., 13s. 6d., and 188. 6d. per ream.
CREAM LAID NOTE, 38., 48., and 58. per ream.
LARGE CREAM LAID NOTE, 48., 68., and 78. per ream.
LARGE BLUE NOTE, 38., 18., and 68. per ream.
ENVELOPES, CREAM OR BLUE, 4s. 6d., and 68. 6d., per 1000.
THE "TEMPLE" ENVELOPE, extra secure, 98. 6d. per 1000.



"We should direct particular attention to their New Clubhouse Paper: in our opinion it is the very best paper we ever wrote upon."-London Mirror.

INDENTURE SKINS, Printed and Machine-ruled, to hold twenty or thirty folios, 18. sd, and is 9d per skin, 20s. per dozen. SECONDS or FOLLOWERS, Ruled 18. 6d. each, 178. per dozen. RECORDS OF MEMORIALS, 6d. each, 58. per dozen.

LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER OF MINUTE-BOOKS An immense stock in various bindings. ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales, Copying Presses, Writing Cases, Despatch Boxes, Oak and Walnut Stationery Cabinets, and other useful articles adapted to Library or Office, post free.

Precedents in Conveyancing, published in 1857.


[blocks in formation]


London: HORACE Cox, 346, Strand, W.C.
Now ready.

and REVIEW for NOVEMBER, containing
The Game and Trespass Laws of Foreign Countries.
The American Isthmus Canal. C. J. Lempriere, D.C.L.
The Building of Boats and Small Yachts. J. C. Wilcocks.
The Bird of Fate.

Encounters with Wild Elephants of Ceylon.
Greyhound Celebrities (pedigrees of).
Bison Shooting in India.

Wildfowl Shooting on Lake Erie.
Continental Shootings and Fishings.
Perch Prattle. Greville F.

Croquet in 1870-71. Cavendish.
Yachting: From June to September.

The Breaking and Training of Young Horses.
Imitative Plants. J. Britton, F. L.S.

The Frigate Bird at the Zoological Gardens.
The Tapir at the Zoological Gardens.

And numerous Articles and Notes on Farming, Gardening, and Natural History.

Annual subscription 118.; or, 2s. 6d. per number.
HORACE Cox, 346, Strand.

[blocks in formation]


CONCISE PRECEDENTS IN MODERN CONVEYANCING, in 3 vols., containing 420 Precedents, as follows:

1. Conditions of Sale; 2. Conveyances of Freehold Estates; 3. Assignments of Leaseholds, Chattels, &c.; 4. Copyhold Assurances; 5. Assurances under Fine and Recovery Act; 6. Mixed Assurances; 7. Agreements for Leases; S. Leases; 9. Grants of Mines, &c; 10. Attornments; 11. Marriage Articles; 12. Marriage Settlements; 13. Post-nuptial Settlements, &c.; 14. Separation Deeds; 15. Equitable Mortgages; 16. Mortgages of Freehold, Leasehold, and Copyhold: 17. Mortgages of Stock, Shipping, Mixed Mortgages, further Charge, Transfers, &c.; 18. Bonds and Warrants of Attorney, Notices relating to Mortgages and Annuities; 19. Releases, Indemnities, and Guarantees; 20. Wills; 21. Partition Deeds: 22. Appointments; 23. Trust Deeds; 24. Partnership Deeds: 25. Composition Deeds; 26. Power of Attorney and Notices.

twenty engravings of various subjects, useful information concerning the Queen and Government, Stamps, Taxes, and Post Office; Acts of Parliament interesting to Country Gentlemen; Weights and Measures; Societies and Institu tions; Monthly Notes on Field Sports; Notes on Fishing and Shooting; the Farm, the Garden, and the Stable; Yachting Pe formances of the Year; a List of Yacht Clubs and their

Sales by Auction.


FARMER'S LIST of ESTATES and HOUSES to be SOLD or LET, including Landed Estates, Town and Country Residences, Hunting and Shooting Quarters, Farms, Ground Rents, Rentcharges, House Property, and Investments generally, is PUBLISHED on the first day of each month, and may be obtained, free of charge, at their Offices, 80, Cheapside. E. C., or will be sent by post in return for two stamps. Particulars for insertion should be received not later than four days previous to the end of the preceding month.


pleasure to announce that they have COMMENCED BUSINESS at No. 11, IRONMONGER-LANE, GRESHAM-STREET, BANK, E.C., as Auctioneers, Surveyors, Land and Estate Agents, Valuers of Machinery and Plant, general Valuers, and Mortgage Brokers.

Mr. IMPEY has had upwards of twenty years' experience in the business, and for the last eight years has occupied the important position of City Manager to the eminent firm of Debenham, Tewson, and Farmer.

Mr. JACKSON, as a practical Engineer, has been engaged for many years in the Construction, Erection, and Valuation of Machinery and Plant, and will personally conduct this branch of the business.

Messrs. IMPEY and JACKSON trust by their united efforts and attention to matters with which they may be entrusted, to merit a share of the public support.


illustrate "Lyell's Elements of Geology," and facilitate the important Study of Mineralogy and Geology, can be had at 2, 5, 10, 20, 50, to 500 guineas: also single specimens of Minerals, Rocks, Fossils, and Recent Shells, Geological Maps, Hammers, all the recent publications, &c., of J. TENNANT, Mineralogist to Her Majesty, 119, Strand.Private Instruction is given in Geology and Mineralogy by Mr. Tennant, F.G.S., at his residence, 119, Strand, W.C.


Officers: also a List of Rowing Clubs and their Officers; a THE SIDNEY SEED SOWER,
information interesting to Country Gentlemen.
List of Hounds, their Masters, Whips, &c., &c. With other

London: HORACE Cox, S16, Strand, W.C.


With Practical and Explanatory Notes, Index, &c. Published price of the three Vols., 41. 4. Reduced to 21. 28.

HORACE COX, 10, Wellington-street, Strand, W.C.



Just published, price 58. 6d., Vol. XII., Part 2, of OX'S CRIMINAL LAW CASES. reports of all the Cases decided by the Criminal Appeal Courts in England and Ireland, at the Central Criminal Court, by the Superior Courts, and at the Assizes. Edited by EDWARD W. Cox, Serjeant-at-Law, Recorder of Portsmouth.

The Parts and Volumes may still be had to complete sets. It is the only complete series of Criminal cases published in England. An Appendix contains a valuable collection of Precedents of Indictments.

London: HORACE Cox, 10, Wellington-street, Strand.

In post 8vo., price 6s. 6d.,


BY EDWARD W. COX, Serjeant-at-Law.


"It affords much information, and offers many useful sug gestions as to the best mode of acquiring proficiency in these arts."-Arm and Navy Gazette.

"He lays down rules which every student must appreciate, impression."-Lincoln Mercury.

[blocks in formation]


Small size, 28. 6d. each; large size, 5s, each. By using this hand sower, after thinning out may be avoided, as all kinds of seeds can be sown in any quantity

required by regulating the slide, either for drills, broadcast, or in pots.

By an inside fitting in the large size Sower, Grass Seed and Peas will pass freely, and be spread with the same regularity as the smallest flower seed, by regulating the slide.

Sold by the agents for the patentee, Messrs. CARTER, DUNNETT, and BEALE, Seed Merchants, 257, High Holborn; and Messrs. POLLARD, JEPHSON, and CO., Agricultural Engineers, Bear garden, New Parkstreet, Southwark. To be obtained of all Seedsmen town and Ironmongers in

Two Coloured Work Patterns (Border and Insertion in and country. A liberal allowance to the Trade.

Roman Work, and Border in Canvas Work).

[blocks in formation]

and he adduces examples that cannot fail to make a lasting table FOOT WARMER.-Sufferers from coldness

Instructions remarkable for their sound common sense. -The Sun.

HORACE Cox, 10, Wellington-street, Strand.

Now ready, second edition, price 38., PRING TIME; or, Words in Season. A book of friendly counsel for girls. By SIDNEY COX. "This book contains life-like and pleasing episodes from our English life, in which the characteristics of girlhood are cleverly sketched. As an amusement for spare moments, as well as 'book of friendly counsels for girls,' we heartily commend it to all."-The Guardian.

"Mrs. Sidney Cox's volume is one of excellent counsel. I is also an entertaining book."-The Athenæum. "Our girls will find a valuable monitor in 'Spring Time The authoress discourses with admirable sense."-The Queen Some kindly and friendly counsels to girls are given by the authoress. The work contains many practical hints on what may be termed the common-place virtues and vices of daily life in girlhood."-The Observer.

"We exhort all English girls to study this book. These maxims and truths should be sown broadcast. The authoress writes with marvellous tact."-Croydon Chronicle.

London: HORACE Cox, 10, Wellington-street. Strand.



Descriptions of the most beautiful Churches of Europe, their Furniture and Decorations. Illustrated with Sixty beautiful Wood Engravings. Fcap folio, cloth, price 3s. 6d.; free by post for fifty stamps.

London: HORACE Cox, 10, Wellington-street, Strand, W.C.


enlarged and revised. Demy 8vo., price 4s. 6d., cloth. London: HORACE Cox, 10, Wellington-street, Strand, W.C.

of the extremities or languid circulation should test this neat and improved article for imparting heat, surpassing the antique water bottle, inasmuch as a uniform heat for an indefinite period can be retained at an infinitesimal cost. Especially valuable for railway travelling, the carriage, or study. Light, portable, and ornamental.-To be obtained of all leading Furnishing Warehouses, Drapers, Chemists, in imitation sealskin, Price 218. Sole Manufacturers, SPENCE and CO., 6, Leather-lane, E.C.

[merged small][graphic][subsumed][subsumed][subsumed][merged small]

Safes made entirely by Machinery, at a Reduction of 25 per cent.


11, NEWGATE-STREET (from 30, Walbrook) LONDON



Investors in this Loan may have their Bonds registered in the Purchasers' names at the Banking

house of


and Dividend Warrants will be mailed quarterly from the United States Treasury direct to the holders' address.

[merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small]


A GENERAL INDEX to vols. 11 to 20 of the LAW TIMES REPORTS, New Series, will be published in ten parts, price 1s. each. Sent free of postage to subscribers. The first part is now ready. The General Index to vols. 1 to 10, N. S., may still be had, price 7s. 6d. in cloth.

The Law and the Lawyers.

THE Bar Association of New York has appointed a committee to take such action as may be deemed proper in relation to the general reform of the law, and especially of the Code of Procedure. This would seem to evidence more energy and public spirit that is possessed by English lawyers.

We are informed by a member of the Northern Circuit, who was with Mr. QUAIN on Wednesday evening, that the rumoured appointment of that learned gentleman to the vacant Judgeship in the Queen's Bench is, if not wholly unfounded, at any rate premature. But as the CHIEF JUSTICE is about to start for Geneva no time ought to be lost in giving the Queen's Bench its full complement of Judges.

VOL. LII.-No. 1497.

A CONTEMPORARY says that it seems hardly worthy of the legal profession to found a college and call it a university. Now, as this was written after Sir ROUNDELL PALMER had delivered his speech at the Middle Temple, wherein he expressly stated that neither he nor the supporters of the new scheme of legal education cared what the institution was called, and wherein he repeatedly referred to it as the Central Law School, the criticism was unnecessary. Moreover, it is a mistake to suppose that the "legal profession" was consulted on the subject. A few members of it, having the matter in hand, seem to have considered the word university to be properly applicable, and the fact that it is not so is no reflection upon the Profession. We can most certainly state that it was never intended by anyone that the public should be led to believe that the school of law was to be a substitute for the universities. The title of Law School will probably be finally adopted, and the end sought attained without wounding sensibilities corporate, individual, or journalistic.

EVERYONE interested in the subject ought to know that which a correspondent of the Times has taken some pains to communicate, namely, that the Bar is a close corporation. From attorneys, a high authority said recently, all business must come to the Bar. We are not about to discuss this admitted fact as a fact, and deplore the misfortunes of barristers whose abilities or whose kinship if they have any, are not made known to those who might assist them. We have but a single observation to make, which we put forward with the more deliberation as being opposed to the views entertained by us hitherto. There being many barristers who would be glad to do the work of attorneys, there being an equal or larger number of attorneys capable of doing, and who are doing to a great extent the work of barristers, and the education being made the same, what argument can be used against giving the barrister who has mistaken his career an easily available locus pænitentiæ, or, on the other hand, against opening to the attorney an easy path to the very highest honours of the Bar? short, if the Bar and the attorneys are placed on the same level by education, why should there be any division in practice? In our opinion, amalgamation is inevitable. Day by day the business, peculiar to the Bar as a close corporation, at any rate the Common Law Bar, is diminishing-it is being done by attorneys in the Bankruptcy Court and in the County Courts. It is in the interest of the Bar to amalgamate-the attorneys desire it. The objection to the barrier being maintained before the advance of education is not sufficiently substantial to bear discussion.


WE understand that at a recent meeting of the committee appointed by the Common Council of the Corporation to consider the question of admiralty jurisdiction as administered in the City of London Court, terms were offered to the learned Judge of that court with a view to his continuing to exercise that jurisdiction, but that these terms were rejected. As a consequence, we are told, efforts will be made to transfer the jurisdiction to some other court. Various suggestions have been made, one to restore the Court of Hustings, a proposal vigorously advocated in a pamphlet by Mr. TORR, the deputy-registrar of the Marylebone County Court, whose views, however, have since tended rather to favour the conferring of jurisdiction upon the Lord Mayor's Court. This latter course met with more favour with us than a proposal to restore or to create another court, and we understand that the city solicitors are in favour of it. The Lord Mayor's Court is not a County Court, and cannot be dealt with by an Order in Council, but Mr. TORR suggests an exercise of the Royal prerogative, and he hopes that HER MAJESTY may be advised to graciously grant a royal charter or commission to the Lord Mayor and reputed Admiral of the port of London, the Aldermen, the Recorder, and other city Judges, and their customary lawful deputies (being barristers of seven years' standing), to be appointed by the Court of Common Council as Judges of the Court of Hustings of the City of London, for the hearing and determination of admiralty and maritime causes arising within the limits of the city and port of London, in the Court of Hustings of the said city, according to admiralty law and procedure, scale of fees, and costs prevailing in the High Court of Admiralty of England, in cases not within or exceeding the limits of the admiralty jurisdiction of the County Courts, and in cases within the limits thereof, according to the provisions of the County Courts Admiralty Jurisdiction Acts 1868-9, and the orders, rules, and regulations, forms, and scales of costs framed in pursuance thereof." Such a scheme is the only one in which we concur, and it would be desirable if the LORD CHANCELLOR could see his way to carry it iuto effect.

ONE plan of stopping the extension of chaos in our law is by the introduction of harmony into the decisions of our courts. But so far from approaching to anything like harmony the decisions seem to be drifting farther apart than ever. Within a few days we have had singular illustrations of this in our courts of common law. One case had reference to the validity of a custom prevailing among brokers. We do not propose to discuss the question, for the very sufficient reason that it is one upon which Lords ABINGER and

WENSLEYDALE are at variance, and upon which the Court of Common Pleas, as lately constituted, is equally divided, the LORD CHIEF JUSTICE and Mr. Justice MONTAGUE SMITH holding one way, and Mr. Justice WILLES and Mr. Justice KEATING the other. A second case has reference to certain fixtures which, it was contended, were mere movable chattels. The point was very important, inasmuch as certain mills containing some hundreds of looms were mortgaged to bankers, and on the bankruptcy of the mortgagors their assignees claimed the looms, which the bankers contended were part of the mill. In the argument it was pointed out that the decision in the Queen's Bench, on which the decision in this case had proceeded, was directly opposed to a previous case in the Exchequer, and also to another case in the Queen's Bench, in which the judgment was delivered by Mr. Justice BLACKBURN; and it was added that the Exchequer decision had been declared right in another case in the Queen's Bench. And the present LORD CHANCELLOR had decided a case as Vice Chancellor in accordance with the decision under appeal. This state of things brings us back to a suggestion, which we have made more than once, that there should be a standing committee of legal and other members of the House of Commons, to whom matters of conflict in legal decisions should be referred. It seems a great hardship that suitors should be made to pay the expense of rendering the confusion in our law worse confounded, without any reasonable certainty of obtaining just decisions in their particular causes.

THERE are one or two matters connected with the proposed Central School of Law which seem to be misunderstood. A doubt appears to exist as to its tendency to draw all legal education to itself, and to increase the expense of candidates for practice. A few words suffice to explain the position taken up by Sir ROUNDELL PALMER. He admits that he hopes to see the school providing such excellent education that the great bulk of law students will flock to it; but at the same time no monopoly is desired, and if Government adopts the scheme of the Legal Education Association, any student will be able to carry on his studies in whatever manner he pleases, simply submitting to the examinations imposed by the governing body of the school. Suggestions have been thrown out, ever since Sir ROUNDELL PALMER's speech, that students would acquire the notion that the examiners would favour those students educated in the classes of the school. Nothing could be more distinct than Sir R. PALMER's disclaimer of any intention to create a monopoly or to give the examiners even an indirect influence such as would arise from an interest in the welfare of the school. He said, "I have never asked for a monopoly, and still less a monopoly guarded by the examinations of the educators, which would undoubtedly be a system likely to lead to objectionable results." Moreover, the fact that the association encourages the establishment of provincial law schools is sufficient to prove that it will accept education wherever it finds it, and will recognise it whenever it reaches the standard which the examiners appointed by the senate of the school may deem it wise to adopt. There is no doubt that this standard will be very much higher than any that we have at present, and it is to be hoped that no favour will be shown to any class of candidates so as to enable them to enter the Profession by any save the recognised means. As Sir R. PALMER very justly observes, the more liberal you make the education of the Profession, the more likely is the number of disreputable members to diminish. This applies to both branches of the Profession, and if this one result were attained by the extension of education it ought to be promoted with the whole strength of the Profession.

THE jurisdiction of the Court of Bankruptcy in restraining actions to try the right to the property of bankrupts is undoubtedly important, but it is regarded with some jealousy by the Profession, who conceive that the common law courts ought to exercise jurisdiction over such matters. The 72nd section of the Bankruptcy Act 1869 is in the widest possible terms to the effect that, "subject to the provisions of this Act, every court having jurisdiction in bankruptcy under this Act shall have full power to decide all questions of priorities, and all other questions whatsoever, whether of law or fact, arising in any case of bankruptcy coming within the cognisance of such court, or which the court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case." And by the same section the court is not to be restrained by any other court, and in the exercise of the equitable jurisdiction conferred by sects. 65 and 66, may restrain proceedings in other courts. An attempt to put a limit to the jurisdiction given by sect. 72 was made in Ex parte Cohen, re Sparke (25 L. T. Rep. N. S. 473), where an action of trover by a mortgagee under a bill of sale against the trustee under a liquidation was restrained by a County Court Judge. On appeal, it was held that the injunction was rightly granted, Lord Justice JAMES expressing the opinion that this was just such a case as was aimed at by the 72nd section. The trans

action with reference to the bill of sale was condemned as fraudulent, and it was contended that the Court of Chancery would not restrain a court of common law from trying a question of fraud. But the LORDS JUSTICES Concurred that as the question had relation to the assets of the bankrupt, it was a proper question for the

[blocks in formation]

TREATY OBLIGATIONS AND AMERICAN FISHERMEN. SOME Complaints are heard regarding the operation upon American fishermen of the Treaty of 1818, taken together with the Dominion Acts of 1868 and 1870. Two American fishing vessels were condemned during last month by the Judge of the Vice-Admiralty Court at Halifax for fishing within waters where it is prohibited by the Convention. In the one case a vessel was charged with "preparing to fish" in prohibited waters, the fact being that she had run into a bay to get bait, and persisted in remaining there. The facts are well stated by the learned Judge: "There is no charge here of taking fish for bait or otherwise, nor of drying or curing fish, nor of obtaining supplies or trading. The defendants allege that the Nickerson entered the bay of Ingonish, and anchored within three marine miles of the shore for the purpose of obtaining water and taking off two of her men, who had friends on shore. Neither the master nor the crew on board thereof, in the words of the responsive allegation, "fishing, preparing to fish, nor procuring bait wherewith to fish, nor having been fishing in British waters within three marine miles of the coast." Had this been proved it would have been a complete defence, nor would the court have been disposed to narrow it as respects either water, provisions, or wood. But the evidence conclusively shows that the allegation put in is untrue. The defendants have not claimed in their plea what their counsel claimed at the hearing, and their evidence has utterly failed them. The vessel went in, not to obtain water or men, as the allegation says, nor to obtain water and provisions as their witness says, but to purchase or procure bait, which, as I take it, is a preparing to fish, and it was contended that they had a right to do so, and that no forfeiture accrued to such entering. The answer is that if a privilege to enter our harbours for bait was to be conceded to American fishermen, it ought to have been in the treaty, and it is too important a matter to have been accidentally overlooked. We know, indeed, from the State papers, that it was not overlooked, that it was suggested and declined. But the Court, as I have already intimated, does not insist upon that as a reason for its judgment. What may be justly and fairly insisted on is that, beyond the four purposes specified in the treaty, shelter, repairs, water and wood, here is another purpose or claim not specified, while the treaty itself declares that no such other purpose or claim shall be received to justify an entry. It appears to me an inevitable conclusion that the J. H. Nickerson, in entering the Bay of Ingonish for the purpose of procuring bait, and evincing that purpose by purchasing or procuring bait while there, became liable to forfeiture, and upon the true construction of the treaty and Acts of Parliament was legally seized. I direct, therefore, the usual decree to be filed for condemnation of vessel and cargo, and for distribution of the proceeds according to the Dominion Act of 1870." In the other case, that of the Wampatuck, the crew actually fished within the limits, and the only real defence was that it was done in the absence of the captain. The learned Judge held, that the ship must be condemned for the wilful infringement of the statute by the crew.

In this latter case the Acts of 1868 and 1870 were severely attacked by the advocates, the latter Act being somewhat stricter than the former, not even requiring that trespassers should be warned before their vessel may be seized. It declares that "if any foreign ship or vessel have been found fishing, or preparing to fish, or to have been fishing (in British waters) within the prescribed limits, such ship, vessel or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof shall be forfeited." Penalties, however, may be remitted by the Governor-General in Council, under powers conferred by the Act of 1868. The obligations of treaties must be strictly enforced, and there being this opportunity given to the Government to allow condemned vessels to be restored to their owners in exceptional cases, we can see no objection to the Dominion Acts, and confidence is reposed in the moderation of the Government. On this point we have the testimony of the learned Judge, who said, "Although I was told that little confidence was to be placed in the moderation of Governments, it is obvious that confidence is placed in it by the authorities and by the people of the United States; and it is a fact honourable to both parties, that the naval forces employed on the fishing grounds in the past season, have acted in perfect harmony, and carried out the provisions of the Treaty in good faith." Under these circumstances we conceive the legislation may be said to work satisfactorily, and it ought not to be condemned because one set of American fishermen become excited, and another set is obstinate. The judgments in both the cases referred to are lucid, and do not appear to us to be in the least degree unduly severe.

DEC. 9, 1871.1



FOR One Judge, however eminent, to protest against the creation of another, is primâ facie a strong measure, and we may be perfectly certain that the protest which has been addressed to the Government concerning the translation of Sir R. P. COLLIER would never have emanated from a Judge of such keen discrimination as Sir A. COCKBURN, had he not felt that a constitutional question was involved, and that a precedent was about to be created by the act of the Government of a most objectionable and In the letters which the LORD CHIEF dangerous character.

JUSTICE has made public, and which we preserve elsewhere, as being matters of historical interest, his Lordship justifies his interference, which would seem to have been resented somewhat rudely by the LORD CHANCELLOR. In such a matter the right, and indeed the duty, of the LORD CHIEF JUSTICE is indisputable. He is the head of the tribunals of common law in England, and it is only by a peculiarity of our constitution, or by an accident of his position, that he has not a power of Parliamentary utterance. To take advantage of this circumstance seems to us to be as ungracious an act on the part of the LORD CHANCELLOR, as the head of the Bench, as it was inexpedient in his capacity as a member of the Government.


So much for the personal bearings of the question. Its professional and political bearings are equally definite and clear. Legislature passed an Act, and it is impossible, unless the language of it is ambiguous, to go behind it. The LORD CHIEF JUSTICE says, that the meaning of the Legislature in passing that Act is plain and unmistakable: "It was intended to secure in the constitution of the high appellate tribunal, by which appeals, many of them in cases of vast importance, from our Indian possessions as well as from the rest of our colonial empire, are to be finally decided, the appointment of persons who had already held judicial office as Judges of the Superior Court." This, we believe, is the interpretation put upon the Act by every person connected with the legal Profession, and it is with some surprise, therefore, that we find a formidable organ in the press seeking to show that Parliament meant something more than it has expressed. The Daily Telegraph argues thus: In spite of what is said by Sir ALEXANDER COCKBURN, the truth appears to be that in restricting the choice to the list of certain Judges, Parliament did not mean to shut out the ATTORNEY-GENERAL, but only to secure competent members of a tribunal which has gathered unexpected and vast importance as the Supreme Court of Appeal for the Church of England, for the Colonies, and for our Indian Empire. Etiquette gives an Attorney-General a claim, not only to any puisne judgeship, but to any chief justiceship that may fall vacant during his term of place. Had Sir ALEXANDER COCKBURN himself seen fit to retire, and thus deprive the public of a brilliant judicial intellect, Sir ROBERT COLLIER might have taken his place. If then, the late ATTORNEY-GENERAL must be deemed fit to discharge the highest duties which fall to the head of the English law courts, he is obviously qualified to be a member of that committee which the recent Act intended to recruit with Judges precisely of that class. This style of argument strikes us as utterly fallacious. In the first place, the truth does not appear to be that Parliament intended to include the ATTORNEY-GENERAL in the persons eligible for promotion to the Privy Council. In the second place, to say that because etiquette gives to the ATTORNEY-GENERAL a claim to a chief justiceship, therefore every ATTORNEY-GENERAL is fit for a seat in the Privy Council is manifestly absurd, for it is to assume that every ATTORNEY-GENERAL is fit to be a chief justice; to rebut which assumption we need not go back to any very remote period of our legal history. It is perfectly plain to every lawyer that a fairly good law officer of the CROWN may make an incapable and mischievous chief justice, and such an individual would be a most undesirable element in a court from which there is no appeal. What Parliament and the country hoped to obtain was a tribunal of tried judges, and it could never have been intended that an Attorney-General should be deemed entitled to try his 'prentice hand in hearing appeals from our judges all over the world. All remarks elicited by the conduct of the Government must be considered as made generally, for everyone must share the anxiety of the LORD CHIEF JUSTICE to avoid saying anything ungenerous in disparargement of SIR ROBERT COLLIER.

All that we have now to anticipate is not the repair of the mischief—as a matter of precedent it is irreparable; but the explanation of the LORD CHANCELLOR. Under such circumstances it is useful to observe the opinions held outside the Profession, and two of the leading journals have expressed their views in terms most unmeasured and severe. By adopting them we show that we do not consider them in any way unmerited, and we prefer to adopt them rather than reiterate the complaint which we have already made.

The Times says that "When Parliament meets Lord HATHERLEY will, no doubt, be called upon to make the explanations he now refuses. The subject involves considerations so serious that even the use of the Royal Prerogative in the matter of Purchase was of less significance. It affects the very existence of the system by which the appointments to high office throughout the empire have been confided to the QUEEN'S Government. A sentiment of honour, a respect for tacit understandings, a deference to prece

dent, and a desire to make both the nominees of the Crown and
the circumstances of their nomination acceptable to the judgment
and the moral sense of the nation are indispensable conditions
of that immense patronage which Ministers possess. One or two
audacious acts like the present are enough to shake the system to
its foundation. No thinking man can fail to see what perversion
of justice and morality may follow if the power to make colourable
appointments as a qualification for others of higher position be
conceded. If a civilian were gazetted lieutenant, captain, major,
and colonel within a week, or if a member of the House of
Commons were ordained a deacon to-day, a priest to-morrow,
a bishop the next day, the cases would be in no way different in
principle from the present, in which the Court of Common Pleas
has been degraded by the farce of an Attorney-General taking his
seat for a few hours in order that he may be 'specially qualified'
for the Privy Council. If such things be done Parliament will
have either to withdraw the patronage now confided to the Govern-
ment, or to bind ministers by language carefully studied so as to
defy evasion. The evils of such an attitude of suspicion need not
be dwelt upon.
With every respect, therefore, for Sir ROBERT
COLLIER, whose claims to any judicial office which he might legally
fill we fully recognise, we must hold that the Government has been
guilty of a most reprehensible act, and has established a most
dangerous precedent."

The Pall Mall Gazette condemns the Government in language
'contra mundum!'
even more caustic, thus:-" ATHANASIUS
HATHERLEY against the Bench and the Bar! It is a proud position
It may be
-if you are quite sure that you are ATHANASIUS.
assumed the LORD CHANCELLOR feels no doubt upon this latter
point, and is even now preparing the explanation which, when
delivered from his place in Parliament, will reduce gainsayers to
confusion, and impart to others the conviction now shared, pro-
bably by none but himself and Mr. GLADSTONE-unless, indeed,
Mr. GLADSTONE'S misrepresentation of Sir A. COCKBURN's meaning,
and his haste in handing on his letter, are due to the want of
such a conviction even now-that the arrangement was justified
as regards both its fitness and legality.' As a mere object of intel-
lectual interest the LORD CHANCELLOR'S defence as well as that
which the PREMIER will be called upon to make may be waited for
with curiosity, though without impatience. But it is a gross
abuse of authority that it should have to be delivered in behalf of
a completed instead of an inchoate transaction. The conduct of
the Government wears a new complexion since the publication of
this correspondence. They now stand condemned, not merely of
having made a mistake, not merely of having ventured to tamper
with an Act of Parliament, but of a deliberate and high-handed
persistence in their misdeeds after the most serious remonstrance
The spirit of the statute
of which the nature of the case admitted.
law has been violated, and the judicial office degraded, in the face
of every warning; and this double crime has been committed by
the First Minister of the Crown and the Lord High Chancellor of
Great Britain."

After this it can scarcely be denied that as regards its legal appointments Mr. GLADSTONE'S Government is absolutely and utterly disgraced.


AN amusing and edifying correspondence appeared in the Times
last week touching the proceedings of Mr. HOMERSHAM COX in his
capacity of County Court Judge. Mr. Cox publicly announced
that in his court he had called upon several highly respectable
gentlemen to act as jurymen. Thereupon, as we noticed last
week, a barrister wrote a letter expressing his surprise at the pro-
ceeding. This called forth a reply from some one who appends
the signature of "Lex" to a letter which shows an utter ignorance
of the principles of construction applied to Acts of Parliament.
"The barrister," he tells the public, "has found a mare's nest."
This is a bold assertion, and is made inconceivably stupid by
The argu
the lame argument which is called in to support it.
ment was this: "The 72nd section of the County Court Act 1846,
directs that whenever a jury shall be required, the clerk of the
court shall cause so many of the persons named in the list, as shall
be needed in the opinion of the Judge, to be summoned to attend
the court, at a time and place to be mentioned in the summons.'
In the present case the summons was oral, and there is nothing in
the statute requiring that it should be in writing." The writer
adds, "The practice of calling a jury, de circumstantibus, is fre-
quently adopted by County Court Judges."

The individual who penned this must have lost his legal sense in his haste to vindicate the Judge, for his contention carries its refutation on its face. This is pointed out by the author of the mare's nest, who remarks that full directions as to the form of the summons and the mode of service are given in the Act, and obviously if a summons could be verbal, no directions would have been given as to service, as the Act would not have permitted a verbal summons to be given to a wife or servant, or any inmate, at the juror's usual place of abode.

But it is almost condescending too much to notice the positions It is stated taken up by LEX, if we except the final observation.

that it is a common custom among County Court Judges to sum

« EelmineJätka »