PREVENTION OF OFFENCES BILL. HOUSE OF COMMONS. part of the Government that this maximum should Lord CAMPBELL proceeded to move that the be reached. The time of many of these judges was -Commons' amendments in the Prevention of Offences not fully occupied, and it was therefore necessary to Bill should be taken into consideration, expressing make a distinction. In taking power to increase the his regret that a Bill for the improvement of cri- salaries, therefore, he was not giving the judge the minal proceedings, sent down at the same time with right to claim the increase. The clause was then this Bill, had not been returned.-Lord BROUGHAM agreed to, and the remainder of the clauses were warmly commended his noble and learned friend disposed of.-Mr. MULLINGS proposed a clause, =(Lord Campbell), and assured their lordships that giving the judges of the Superior Courts power to the noble lord had not in the least degree overstated, certify that certain actions brought before them but rather understated, the great pains which had ought to have been brought in the County Courts, been taken with respect to the Improvement of in which case the plaintiff would not be entitled to Criminal Proceedings Bill. He (Lord Brougham) his costs.-The ATTORNEY-GENERAL could not was quite mortified that it should have been sent be- agree to this clause. If the Legislature gave parties fore a select committee elsewhere, because at that the right to sue in the Superior Courts, it would be critical period of the session the delay which must rather hard to punish them for so doing. If the action necessarily arise would jeopardise the passing of the ought to have been brought in the County Courts, Bill. He begged to ask the noble lord if he could make the plaintiff go there, but it would be arbitrary give any information, as to when it was likely the report and unjust, when a plaintiff had exercised the privilege of the commissioners on Common Law proceedings, which the law, gave him to deprive him of his costs.would be made.-Lord CAMPBELL was deeply The ATTORNEY-GENERAL then proposed the addigrieved that he could afford no satisfactory information of a clause. The clause was rendered necessary tion. Some time since, he had asked when the in consequence of the attorneys practising at these report would be made, and he was told in a fortnight, courts having actually entered into a confederacy to but they had now arrived at the 27th of June, and exclude barristers, who could not take a brief from no report had been made. He thought it was very the suitors in the court. At no distant period it much to be deplored, as it had prevented the judges might be expected that the extension of the County from carrying into effect some very salutary reforms Courts would absorb the whole provincial business which they had contemplated.-The Commons' of the country, and it was not desirable that the Bar amendments in the Prevention of Offences Bill were of England should be annihilated, especially as it then agreed to. was from it that the judges of these courts must on vacancies be recruited. He believed that the higher branches of the Profession of solicitors by no means desired to encroach on the privileges of the Bar, and On the order of the day for the third reading of it was not only in the interest of the Bar, but this Bill, Lord EBRINGTON moved the omission also of the suitor and the public, that he proposed in from the first clause of the words "so as the same these Courts in matters between 207. and 50l. to are authorised by the Public Health Act." He ob- place the attorney and the solicitor in the same rela=jected to them from the practical experience of their tive position they occupied in other courts.-Mr. effect in towns now suffering from their introduction FITZROY felt bound to oppose the clause in its prein the former Act.-Mr. FREWEN seconded the sent shape, for it was his object to make justice motion. Mr. MULLINGS thought the words in cheap. He had been told that the attorneys in question only made the Bill consistent with the some courts had made combinations to exclude the former Act.-Lord SEYMOUR said the words were bar, but he thought there was some error on this introduced into the Act of last year on the best legal point, for he found in Oxfordshire, where he was advice he could get in that house, and, acting on told this had been done, that several members of the same advice, he had introduced them into this the law had agreed to accompany the County Bill. The ATTORNEY-GENERAL said, that if the Court judge on his circuit, and to form a regular words were omitted, the provisions of the Pub-County Court Bar. If this was effected in one lic Health Act might be overturned. The instance it might in all; but it would be most unjust amendment was then negatived without a division. to compel parties to go to the expense of employing Mr. FULLER moved that Hastings be inserted in both counsel and attorney in cases between 201. and 501. the schedule.-Sir W. VERNER seconded the mo- Mr. P. HOWARD recommended the postponement of tion.-Lord SEYMOUR opposed the proposition. He the clause.-Mr. J. EVANS supported the clause, was quite ready to admit that Hastings was one of but hoped the Attorney-General would strike out the the dirtiest towns in England; but the point was, latter part of it, which would have this effect, that if that St. Leonard's, being a clean town, could not be two barristers attended a County Court, they might justly laden with the expense of cleansing Hastings. be employed to the exclusion of everybody else.-Mr. HOLLAND supported the motion.-Lord Mr. WAKLEY proposed that the discussion be adEBRINGTON reminded the House that under the journed. He regretted that the clause had been Health of Towns Act there was ample power to rate proposed, introducing a new principle of action in particular districts according to their especial wants, the County Courts, which were at present working without burdening contiguous localities. The House satisfactorily and economically:-Sir G. PECHELL supported Mr. Wakley's suggestion for the postpone ment of the discussion.-The ATTORNEY-GENERAL expressed his readiness to modify the clause in accordance with the suggestions of the hon. and learned member for Haverfordwest. When hon. gentlemen The borough of Hastings was accordingly inserted talked of the economy of these courts, he thought it divided. The numbers were For the motion Majority in the schedule. 95 -18 COUNTY COURTS FURTHER EXTENSION BILL. right to mention that he did not propose to increase PARLIAMENTARY PAPERS. TUESDAY, July 1.-Clauses from 1 to 6 were agreed to.-On clause 7, giving general power to the Lord Chancellor to make orders for carrying the Bill into execution in respect of causes and matters pending in the Court of Chancery.-Clause 9 was struck out.-On clause 10, enabling the Lord Chancellor to establish a schedule of fees to be received on account of Equity business done by the judges, and declaring that such fees shall not be paid to the judges, but be paid in to the consolidated fund, Capt. FITZROY protested against throwing additional labour upon the County Court judges, and withholding fair remuneration from them. The Government would be unable to procure the services of competent persons if they treated gentlemen belonging to a liberal and learned profession in so shabby a manner.-Sir G. GREY.-The hon. and gallant member assumed that the Bill proposed to throw additional labour upon the judges of the County Courts without giving them any additional remuneration; but such was not the fact. The Bill proposed to give them additional remuneration, which the Government had the power to award to them, if necessary. The 20th clause, as it came down from the other House, proposed that the Lord Chancellor should have the power of fixing the salaries, with the consent of the Treasury; but it was not IT is much to be desired that the Charity Estates thought right that this power should be given to Bill, now before the Lords, should be passed into a the Lord Chancellor, by whom these gentlemen were law during the present session, and then there will appointed. The Bill substituted a maximum of 1,5007. for one of 1,2007. for the judges, and an in- be no necessity for such applications to the Court as crease for clerks in the same proportion. This pro- that made in Ex parte the Corporation of Bristol, posal, however, to increase the maximum where 17 Law T. 173, in which trustees had held a secret necessary was not to be understood as holding out meeting for the election of new trustees while a any approximation to a pledge or promise on the petition was before the Court upon the subject. THE MAGISTRATE, Summary. For this they were rebuked, and the report was ordered to be sent back to the Master to be reviewed. A very remarkable case is that of The Great Western Railway v. Tilehurst, 17 Law T. 180, but not for what the Court decided, but for what it refused to decide. It was another phase of the railway rating question, raising a world of fresh difficulties in the application of the principle, if it may be called such, laid down by previous decisions. The Q. B. fairly abandoned the subject in despair, and postponed judgment in the avowed hope that the Legislature would interfere to fix some definite rule of rating. It is quite certain that no rule yet laid down is capable of general application, and probably it would be impossible to devise one that would be perfectly equitable. Would not the following be a tolerable approach to justice, and offer the advantage of simplicity? Given the value of the land, with the cost of improvements upon it, as the basis. From this deduct the annual average cost of keeping it in the same state of repair. Estimate the value at a rental of five per cent. upon this sum, and let that be the rateable value. Another rating case is that of Reg. v. Haslam, 17 Law T. 182. Buildings were used as chemical works; their value was increased by certain leaden vessels, which rested on sand, inclosed within foundation walls of strong masonry, and surrounded by a wooden framework supported by the foundation walls. Pipes for conveying gases to the vessels connected them with the buildings, but those pipes could be removed without injury to the freehold, and if sufficient force were used the vessels them. selves might be lifted from the soil without displacing any part of the freehold. It was held that the premises were to be rated at the increased value given to them by these vessels. The manner in which the indictment should charge the offence of aiding and assisting a prisoner to escape from gaol was questioned in the case of Holloway v. The Queen, 17 Law T. 182, for particulars reference should be made to the report. In the same case it was decided that where sentence had been passed by an inferior tribunal upon an indictment containing good and bad counts, it was competent to the Court above, on a writ of error, to arrest the judgment on the bad counts, and pass sentence on the good ones. The meaning of the word "house," in a local lighting and paving Act, was considered in Reg. v. the Justices of Warwickshire, 17 Law T. 183, and it was held to include not merely an inhabited dwelling-house, but buildings; a as coach-house, &c. occupied therewith, and forming part of the same premises. In Reg. v. Hogan, 17 Law T. 192, an indictment against a mother for deserting her illegitimate child in a parish in which it is not settled, with intent to injure the inhabitants and burden them with its maintenance, was held to be bad, as shew"Here," said POLLOCK, C.J. ing no offence. there is no allegation of injury to the child, or that the mother had the means of supporting it. As to the supposed injury to the parish, we are not disposed to go beyond the authorities, and there is no authority for saying that any person is indictable who occasions loss to a parish by throwing upon it the maintenance of a child as casual poor. From the Court of Ex. in Ireland, we have also an interesting decision of the judges in an Excise case. It was held, in Reg. v. Ryan, 17 Law T. 192, that a private vehicle, driven by and belonging to a private person, is within the 42nd sec. of 8 & 9 Vict. c. 87, which authorises an Excise officer, on reasonable suspicion, to stop and examine "any cart, waggon, or other means of conveyance;" and imposes a penalty of 1007. upon all persons "driving or conducting such cart," &c. for refusing to stop when required to do so. E. W. C. nothing on the face of the debentures, and nothing extraneous had been shewn by which it would appear that the debts were enforceable against property, otherwise than as every obligation is which is enforceable against an individual." In Cort v. The Ambergate, &c., Junction Railway, 17 Law T. 179, the company had contracted for goods to be delivered from time to time under the direction of the company's engineer. After delivery of part, the engineer ordered the vendor to deliver no more. The jury were held to have been rightly directed to consider whether the company had constituted the engineer their agent, so as to be bound by his acts. 500 of the oaks which were in the woods and orna- In the law of Landlord and Tenant we have another decision in the case of Massey v. Goodall, But it is otherwise with regard to mortgages however, dissenting, that in a declaration by a land17 Law T. 181, in which it was held, ERLE, J. of tolls or of the undertaking itself: "they pro-lord for breach of covenant, by a tenant, not to sell ceeded directly from the company itself; they straw produced on the farm, it is not necessary to clearly affected hereditaments and were within aver that the breach occurred during the tenancy. the words of the Act." A tenant for life, without impeachment of waste, with power to lease for twenty-one years without taking fine, premium, or foregift, and so that none of the lessees should be thereby authorised to commit waste or exempted from punishment for waste, allotted a portion of the premises to poor persons who dug up ancient pasture and converted it into gardens. She then leased the premises for twentyyearly, the first payment to be made on the 1st of one years, reserving a yearly rent payable halfJanuary then next, which was only three weeks after the date of the lease, and the lease contained a covenant that the lessee should not at any time during the term convert into tillage any part of the pasture" except for the purpose of carrying out the allotment system" introduced by the lessor. It was held-1st, that this mode of reserving the rent was not a fine, premium, or foregift; 2nd, that the exception in the covenant of the lease did him from punishment for so doing. (Doe dem. not authorise the tenant to commit waste or exempt Hopkinson v. Ferrand, 17 Law T. 183.) The difficulties that surround the rating of railways grow with every attempt to apply the rules laid down by previous decisions or to frame new ones. In The Great Western Railway Company v. Tilehurst, 17 Law T. 180, the Q.B. refused to come to a decision on the points raised, expressing a hope that the Legislature would immediately interfere to determine a matter so full of doubt and difficulty. WINDING-UP. The soil and freehold of certain common lands were vested in A. as lord of the manor, subject to BARNET AND NORTH METROPOLITAN RAILWAY. certain rights of common, and the coal and mine-On Saturday a meeting in this matter was held be- rals, and unopened stone quarries, &c. belonged to fore Master Tinney, to consider the claims of former him as part of the freehold. By an Inclosure Act officers of the company, amounting to 4007.; and of it was provided that certain allotments should be advertising agents, 6547. remaining undischarged, made to the lord for his right "to and in the brought in by Mr. Norris, the official manager, to- soil," and for the damage and injury he gether with other minor claims. The Master de- would sustain by being obliged to make cided on disallowing them as claims against the com- satisfaction to the proprietors of lands for digging pany, but gave the claimants opportunity of estab-coals and minerals ;" and it provided, also, that if lishing their demands against any of the promoters the lord should enter on any of the lands for the or contributories individually.-Daily News. HULL PUBLIC BATH COMPANY.-On Saturday, after some opposition, the Master (Sir W. Horne) declared a peremptory call of 221. per share, payable on 185 shares in this company, to pay off liabilities, ascertained by Mr. Goodchap, the official manager, to amount to 4,0707.; consisting of about 2,1037. due to divers creditors; 1,390. advanced by shareholders, who will be recompensed out of the call; and 6001. the estimated cost of winding up the concern.-Daily News. LONDON AND BIRMINGHAM EXTENSION RAILWAY.-A call of 21. 4s. is proposed to be made on those who were shareholders in this company, to discharge its debts.-Daily News. PETITIONS, ORDERS, MEETINGS, APPOINTMENTS, CALLS, &c. [Announced, issued, and made, during the past week.] Worcester Corn Exchange Company.-Creditors to come in and prove.-Kindersley. Saint James's Club, late the Military, Naval, and County Service Club, and formerly the Military and County Ser. vice Club.-Petition to wind up presented on 28th June; expected to be heard on 11th July. Brighton, Lewes, and Tonbridge Wells Direct Railway included in that portion of the list numbered from 1 to Company.-A call of 1751. on each of the contributories 66 For how much of this accumulated demand was E. liable? It was held, that he was liable for the amount paid by B., including his costs, but for nothing more, because the liability of E. com. menced as soon as B.'s liabilities were ascertained, and that B. had done rightly in suffering judgment by default. There is likewise another case to be noted on the law of Distress. In Yates v. Eastwood, 17 Law T. 189, it was held that the remedy for excessive distress is not by action for money had and received, but by special action on the case on the stat. 2 Wm. & M. sess. 1, c. 5, s. 2, which directs that, after the sale of a distress, the overplus (if any) shall be left in the officer's hands for the owner's use. COUNTY COURTS. Summary. ALL cases involving questions of Jurisdiction are of a The Charity Estates Bill, which the Lord Chancellor has laid before the House of Lords, gives to the County Courts the jurisdiction over charity estates of less value than 301. per annum. It is not known as yet, and probably not decided, whether the two Extension of Jurisdiction Bills now before the Lords will be proceeded with during the present session. Two or three cases on Insolvency have to be noted. In Re Collingridge, 17 Law T. 191, bail was not allowed to be opposed by affidavit; and in Re Madden, 17 Law T. 191, where an insolvent had brought an action of tort between the date of purpose of digging, &c. any coals or other the vesting order and discharge, and obtained judgminerals," he should make compensation for damage ment before adjudication, the amount was held to done, but no mines or minerals were expressly vest in the assignees for the benefit of creditors. reserved to him. He was held to be entitled to the produce of the stone quarries under the common, paying compensation for damage done in getting at the stone. The decision in a previous case was also confirmed, that stone is a mineral, in a legal sense. (Mickelthwaite v. Winter, 17 Law T. 185.) transaction is usurious, was raised in O'Brien v. The question, always one of difficulty, whether a Lord Kenyon, 17 Law T. 187. A. being indebted, assigned his real estate to trustees for the benefit of creditors, upon trust, 1st, To pay the expenses of the trust; 2nd. To pay the annuities charged on the estate; 3rd. To divide the rents into two shares proportioned to the amount of debts specified in two schedules; the first to be divided equally between the creditors in the first schedule, and the second in like manner among those in the second schedule. The trustees covenanted to insure the life of B.; the sum assured to be applied to pay the creditors in full, with 5 per cent. interest, and that any bonus to the creditors named in the second schedule. The that might be declared on the policies should belong on the policies, in addition to the 5 per cent. inquestion was, whether this division of the bonuses terest, made the transaction usurious. The Court held it not to do so. "It was in the option of the trustees to insure in an office which gives no share of profits to the assured, or in one which does; and, in the latter case, there is the possible risk of being considered a partner. In this view of the Ir will be observed that in Backhurst v. King,is usurious, and we are all of opinion that it is case, there is no ground to say that the transaction 17 Law T. 175, the Court made an absolute decree not." of foreclosure where the mortgagor was a lunatic, although not so found by inquisition, and the property was of less value than the principal and interest due, the plaintiff undertaking to pay the costs of the defendant's guardian. 59; to be made on July 10.-Horne. Compressed Air-Engine Company-A return of 48. 94. per share is now payable to the shareholders and contributories who paid up 21s. on each of their respective shares.-Horne. REAL PROPERTY LAWYER Smith v. Howell, 17 Law T. 188, is also one of the many in the last number to be noted by the Real Property Lawyer. A. lessee for seventy-two years, let, for twenty-one years, to B. taking from him a covenant for rent, repairs, &c. A. then A case of very considerable importance is that of assigned the reversion to C. B. afterwards assigned Marker v. Marker, 17 Law T. 176. Trustees the remainder of his term of twenty-one years to were restrained from cutting ornamental timber, D., with a like covenant of indemnity, and D. the settlor having settled the estate to the use of assigned to E., taking a like covenant. the trustees for a term, without impeachment of waste, to cut and sell the timber, except ornamental on the covenant for rent, repairs, &c. against B., C. (assignee of the reversion) brought an action timber, of which enough should always remain " to who suffered judgment by default, and paid C. the preserve the beauty of the place unimpaired." It amount with costs, and then brought an action for was held that the meaning of the settlor was a the whole against D. on the covenant. standard of beauty defined by the existing state of fended and incurred costs, and then sued E. on his D. dethe place at the time of the settlement, and that covenant for the whole sum, including his costs. COUNTY COURT, HOME CIRCUIT. Court Days appointed during July, 1851. High Wycombe, Tuesday, 15th, at eleven COUNTY COURTS.-There has just been printed, by order of the House of Lords, an interesting return respecting the County Courts. It appears that since the establishment of the Courts to the 31st of December last the judges' fees amounted to and 22,8281. were paid to clerks and to clerks in 168,3697. and their salaries to 135,000. leaving an excess of 33,3691. The clerks' fees were 27,6761. account of the general fee fund the receipts were clerks' offices; leaving an excess of 4,8481. On 195,1317. Os. 4d. and the disbursements 207,3791. 3s. 4d. leaving an excess of expenditure of 5,2481. 38. The excess of the fees over the payments amounted to 38,2177. which has been applied to the payment of the travelling expenses of the judges and treasurers, and of the claims made under the 54th section of the County Courts Act. THE LAWYER. Summary. EQUITY PRACTICE.-Two points of considerable interest were decided by Vice-Chancellor TURNER in Marker v. Marker, 17 Law T. 176, first, that infant defendants appearing by the same solicitor as in a former suit in which they were plaintiffs are not thereby bound by allegations made in such several plaintiffs in an act proposed to be done by former suit; secondly, that acquiescence by one of the defendant is an answer to a motion for an injunction only so far as such plaintiff is concerned; claims unless fully cognisant of their right to but other parties would not be held to acquiesce in dispute them. PROMOTIONS, APPOINTMENTS, ETC. The law of domicile very rarely comes under discus-sponsibility. At the same time they may, as a body, sion in our courts, and therefore it is, perhaps, that congratulate themselves that the matter has been English lawyers are generally so ill acquainted with thus decided, since otherwise the advantages of payit. But it is a curious and interesting subject, ments by cheque would be greatly diminished, and and will always be found to reward perusal. The their business would be proportionably injured. Times of Monday. Rolls Court has presented us with the latest case, the facts of which are too numerous for repetition, and should be sought in the report. (Whicker v. Hume, 17 Law T. 173.) But some rules of law were laid down in it, which properly come to be noticed in this summary. Thus it was held generally, and contrary to a popular notion, that a person may his "without repudiating acquire a domicile nationality-his character or quality of Scotchman, or in a country where he was only a lodger and not a housekeeper." It was also held that where a testator describes himself in his will as of the place of his original domicile, the words of description may indicate the fact that he was born there, but no description given of himself can by itself have any effect in determining his actual domicile. THE MERCANTILE LAWYER. ALTHOUGH containing such a mass of reports from almost every Court of Law and Equity, the last number was remarkably barren_of cases on Mercantile Law. In Cort v. The Ambergate, &c., Junction Railway Company, 17 Law T. 179, it was held that where the contract is for goods to be supplied from time to time and to be paid for after delivery, if the purchaser, after accepting and paying for part of the goods, gives notice to the seller not to make any more, and he does not want and will not accept them, the vendor, being able and willing to complete the contract, may maintain an action for breach of it without making and tendering the rest of the goods. The judgment in this case is careful and elaborate, and should be read attentively. We hasten to direct the attention of our readers to the fact that after a two days' trial, CROSSED CHEQUES. IMPORTANT DECISION.A trial which was concluded yesterday in the Court of Exchequer will satisfactorily settle all doubts for the future regarding the degree of security obtained by writing a banker's name across a check. The amount involved was 2,5961.; Messrs. Coutts and Co. having paid a draught for that sum, although it was specially crossed Bank of England," with the additional words, "For the account of the Accountant-General," to Messrs. Goslings, the bankers of the person in whose favour it was nominally drawn, and who, when he obtained the money at his account made away with it instead of appropriating it to the purposes for which the check was put into his hands. The defence of Messrs. Coutts was, that it is not the general custom if a check is crossed to one banker to refuse to pay it to another, and upon this the representatives of various London banking firms were examined. Some of them stated that they pursue the strict rule of regarding any such crossing as a special direction always to be attended to, and the majority admitted that at least it should invariably lead to particular inquiry. In one or two instances, however, it was contended that the object of crossing was merely to secure that it should be paid to no one but a banker, and that there was "no custom to prevent a holder of a cheque striking out one banker's name and putting another in the cross." The jury took the view warranted by the preponderance of the testi-mony, and the one that is also in harmony with common sense-namely, that when a cheque is crossed "Bank of England" it does not mean "Goslings," and that if a person intended merely to indicate that it was to go through some bank, no matter which, he would content himself by writing and Co." instead of capriciously nominating a particular house. A verdict was accordingly rendered for the plaintiffs, and it will therefore for the future be understood that if bankers disregard a special crossing for the sake of obliging an individual, or for any other cause, they will have to assume the re [Clerks of the Peace for Counties, Cities, and Boroughs THE Queen has been pleased to appoint Lambert The Queen has also been pleased to appoint The Queen has been pleased to grant the office of Solicitor-General for Scotland to George Deas, esq. advocate, in the room of John Cowan, esq. appointed a Lord of Session. Her Majesty has also been pleased to appoint William Carman, esq. to be Clerk of the Pleas in the Supreme Court of the province of New Brunswick. Pearson, Matthew Tom-T. T. Pearson; G. P. Nicholson Preston, William Richard-W. T. Prichard; W. 8. Long Renner, Charles G. S. Ransom Roach, George Charles-H, S. Coke Sanders, Benjamin Hadley-Minshall and Vernon; E, D. QUESTIONS AT THE EXAMINATION. I. PRELIMINARY. 1. Where, and with whom, did you serve your clerkship? 2. State the particular branch or branches of the law to which you have principally applied yourself during your clerkship. 3. Mention some of the principal books which you have read and studied. 4. Have you attended any, and what, law lectures? 11. COMMON AND STATUTE LAW, AND PRACTICE OF THE COURTS. THE NEW QUEEN'S COUNSEL. THE following gentleman have received letters from the Lord Chancellor notifying their appointment as Queen's Counsel:- Messrs. Ingham, Warren, 5. By what process are personal actions comPashley, Atherton. and Hugh Hill, of the Northern Circuit; Messrs. Willmore and Mellor, of the Mid-menced in the Court of Queen's Bench, Common land Circuit; Mr. Bramwell, of the Home Circuit; Pleas, and Exchequer? Mr. Slade, of the Western Circuit; Mr. Phillimore, of the Oxford Circuit; and Messrs. Willcox, Headlam, Follett, W. T. S. Daniel, Glasse, Campbell, Craig, Chandless, and Bailly, of the Chancery Bar. MEMBER RETURNED TO SERVE IN THIS PRESENT PARLIAMENT. BOROUGH OF GREENWICH.-David 6. What is the difference in the commencement of an action of ejectment from other actions? State what is the first proceeding in an action of eject ment. 7. An infant cannot prosecute an action either in person or by an attorney; how, then, may he, and how does he, usually sue? 8. If a feme covert be sued alone, how must she appear, and why so? 9. For any debt due to a bankrupt previously to a COMMISSION SIGNED BY THE LORD-LIEUTENANT bankruptcy (in which debt he is personally inOF THE COUNTY OF HEREFORD.-The right Hon. terested), who should sue, before assignment of his William Bateman Lord Bateman to be deputy lieu-effects, and after such assignment? tenant. COURT PAPERS. Adams, Edward W. S. Adams Bassitt, Joseph-H. F. Lucas; H. Falkner 10. State the distinction between an irregularity in practice and a nullity? 11. Will a verbal promise to pay the debt of another be sufficient to found an action? 12. In what cases is a husband liable for debts contracted by his wife during coverture? 13. How must corporations aggregate sue or defend? 14. In what cases are hundredors now liable for damages done by rioters? 15. What are the principal requisitions of the statute 1 & 2 Vict. c. 110, relating to warrants of attorney, a strict compliance with which is required by the courts? 16. Where a judge's order is made by consent. given by any trader defendant, in any personal action, authorising judgment to be entered up, and execution issued, what is necessary to be done with proceedings under it, from becoming null and void? 17. If a plaintiff bring an action in either of the Superior Courts and recover, by verdict, a sum less than 207. and obtain no certificate from the judge who tries the cause, is the plaintiff entitled to tax his costs upon producing the postea; or is the defendant any longer bound to take any step to deprive the plaintiff of costs? Brown, George Fowler-H. M. Hawksworth; W. E. such order, so as to prevent the same, and the 18. Does it make any difference if the defendant suffers judgment by default? 19. Can a party prosecute a plaint in a County Court upon a judgment recovered in one of the Superior Courts, for a debt less than 507.? III. CONVEYANCING. 20. Describe an estate of inheritance. 21. State the distinction between legal and equitable estates. 22. Into what sorts are estates in fee simple 23. What are estates less than freehold? 24. Define what is meant by the term "title by purchase." 25. What is the difference between uses and trusts? and state the words or form of expression by which each is created. 26. State the law of primogeniture. Greenbank, Richard Hewetson-W. S. Cookson 27. Who is capable of conveying real estate? and who (in the technical sense of the term) of purchasing? 28. What is a deed? and what are its requisites? 29. How may a deed be avoided? 30. Enumerate the ordinary kinds of conveyances at Common Law of land of freehold tenure. 31. To what persons does the power of transmission by will belong? 32. What solemnities are necessary to the due execution of a will? 33. Under what formalities may a will be cancelled by the order, and in the lifetime, of the testator? 34. What are extraordinary conveyances, or those by matter of record? IV. EQUITY AND PRACTICE OF THE COURTS. 35. All persons materially interested in the subject of a suit ought to be parties to it. State why, and whether this rule admits of any and what exceptions? 36. Has a Court of Equity power to control proceedings in Courts of Common Law, and how and in what cases is the power exercised? 37. What are the principal matters in which Courts of Equity have practically exclusive jurisdiction and power to afford relief? 38. In what respect do the remedies given by a Court of Equity and a Court of Law respectively, for the non-performance of a contract, differ? 39. Is or is not an attesting witness to the execution of a deed affected with notice of the contents of the deed, and why? 66. What is homicide, and its different kinds? 67. What is burglary, and what are the hours within which it must be committed? and if the offence is committed in an adjoining building, occupied with a dwelling-house, what is necessary to constitute burglary? 68. Is a party liable to be indicted for concealing, retaining, and applying to his own use property casually found by him? 69. Čan husband or wife be a witness for or against each other, in any and what cases? 70. Can the first husband be a witness against his wife, or the first wife against her husband, on an indictment for bigamy? 71. Is the stealing or destroying of title deeds a criminal offence or actionable? 72. Is it lawful to set a man-trap or spring-gun, or other instrument calculated to destroy human life, or to inflict bodily harm in any and what place or places, and during what part of the twenty-four hours? 73. Is a witness in a criminal matter entitled before leaving home to be paid his travelling expenses, or for his loss of time? 40. In the administration of legal assets by the 74. Is any and what property qualification necesCourt of Chancery, in what order are debts pay-sary for a person to become a county magistrate; able? and what are the steps necessary to be taken to get 41. If a party interested in a fund in Court assign him appointed and to enable him to act? it to another, either absolutely or in mortgage, what 75. What are the different modes by which a parocourse is the assignee to take to make his assign-chial settlement can be gained? ment available? 42. What relief does a Court of Equity give, where a tenant in common desires to have the property divided, in the cases of land and a house respectively? 43. What acts constitute "waste?" 44. Will a Court of Equity, in any case, restrain a tenant for life without impeachment of waste from committing waste, and, if so, in what cases? 45. Describe the proceedings, as well those necessary as those usually incidental, in a suit for the administration of a testator's estate, where the personal assets are large. 46. How is the time for putting in an answer enlarged? 47. What is the mode of putting in an answer, and may the oath or signature be dispensed with, and how? 48. What is the ordinary division or arrangement of the contents of a bill in Chancery? 49. State in what cases a Court of Equity directs an issue at law, or a case for the opinion of Common Law, and to what courts the issue or case may be sent. V. BANKRUPTCY, AND PRACTICE OF THE 50. Detail the necessary steps to be taken to procure an adjudication in bankruptcy. 51. State what persons are, by the Bankrupt Law Consolidation Act, not to be deemed traders. 52. What must be the nature of the petitioning creditors' debt, and when must it have accrued? 53. How and when are creditors' assignees chosen ? 54. Can a creditor who has assigned his debt vote in the choice of assignees? 55. Is there any appeal from the decision or order of a commissioner, and if so, to whom and in what form? 56. What are the principles of reputed ownership, and give instances in which property, whereof the bankrupt is reputed owner, does not pass to his assignees? 57. Under what circumstances do goods seized in execution pass to the assignees? 58. If after the property of an insolvent debtor is vested in the provisional assignee of the Insolvent Court, the insolvent is declared bankrupt, does the property so vested in the assignees of the Insolvent Court pass to the assignees in bankruptcy? 76. Before whom are questions of parochial settlement tried? and is a jury necessary? and can the legality of the decision be disputed in any and what manner? 77. Is the evidence of the mother of an illegitimate child of itself sufficient to obtain an order of filiation and maintenance on the putative father, or is any other and what evidence necessary? 78. Under what circumstances can persons playing musical instruments in the streets of the metropolis be required to desist? 79. Is an attorney liable to serve as a juror upon the trial of a criminal matter or upon a coroner's inquest?-Legal Observer. PROCEEDINGS OF LAW SOCIETIES. LAW STUDENTS' DEBATING SOCIETY. QUESTIONS FOR DISCUSSION. For Tuesday, July 8, 1851. 54. Is the case of Darley v. The Queen, 12 Cl. & Finn. 520, rightly decided? XLVII. Ought the Statute 27 Eliz. c. 4, to be amended by avoiding voluntary conveyances only in the cases of, and as against, after purchasers for valuable consideration without notice? See Doe dem. Otley v. Manning, 9 East, 71. THE UNITED LAW CLERKS' SOCIETY.-The nineteenth anniversary of this charitable association was held in the Hall of Lincoln's-inn on Wednesday evening; Vice-Chancellor Knight Bruce in the chair. The right hon. gentleman was supported by of the Rolls, the Attorney-General, Lord CranVice-Chancellor Turner, the Right Hon. the Master worth, and several other distinguished gentlemen. The secretary read the report, which stated that the ment. During the past year the number of claimants society had prospered every year since its establishon the sick fund had been thirty-one, and the applicants had received sums amounting to 2761. 15s. afforded assistance of this kind to the extent of Since the commencement of the society it had 2,4471. 17s. Two additional claims on the life annuity have been allowed after careful consideration. They are to receive, for the rest of their lives, 317. 4s. annually. One of the members who is to receive NECROLOGY +107 Ex. div. OF LEGISLATORS, MAGISTRATES, AND LAWYERS. who died at Knowsley-park on Monday, was the DEATH OF THE EARL OF DERBY.-His lordship, sixth duke of Hamilton. He was born on the 21st son of the twelfth earl, by the only daughter of the of April, 1775, and married in the domestic chapel at Knowsley on the 30th of June, 1790, to his Hornby. In the year 1796 the deceased peer was cousin, the second daughter of the Rev. Geoffrey elected member for Preston, which borough he continued to represent for fourteen years. Having been then returned for Lancashire, he held the representation of that county till the passing of the Reform Act. After holding a seat in the House of Commons for upwards of 34 years, he was called to the Upper House, during his father's lifetime, by the title of Baron Stanley of Bickerstaffe. His father dying in October, 1834, he became thirteenth earl of Derby. The noble earl just deceased was well remembered as an efficient member of the House of Commons, as a man of very sound understanding, of high character, and most amiable disposition. He graduated M.A. at Cambridge in 1795, and was chosen a Knight of the Garter on the 17th of April, 1839. MARRIAGES. CHALLEMET DE LA RIVIERE, Jules François, of Couvigny, to Elizabeth, second daughter of the late Thomas Gibson Brewer, esq. barrister-at-law, on the 24th ult, at St. Heliers, Jersey, and afterwards at the French Catholic Chapel, Staffordshire. CLERK, James, eldest son of the Right Hon. Sir George Clerk, bart. M.P. of Penicuik House, Edinburgh, to Jane, eldest daughter of Major-General Mercer, C.B. CRESPIGNY, George B. C. capt. H.M.'s 20th regiment, on the 26th ult. at All Souls' Church, Langham-place. second son of Charles Fox Crespigny, esq. of Harefieldhouse, Uxbridge, to Elizabeth Jane, eldest daughter of Alexander Buchanan, esq. Q.C. on the 11th ult. at Montreal. wards superseded, in whom do the insolvent's goods thirty-one years. The committee regret the loss of 59. If in the above case the bankruptcy is after-this annuity is aged forty-eight, and the other but Fox, Charles James, esq. solicitor, Canterbury, to vest? 60. If a verdict is obtained against a person before his bankruptcy, subject to a reference, and the award is made after the bankruptcy, is the amount awarded proveable by the plaintiff? 61. What step is necessary to enable an executor who has become bankrupt to prove against his own estate? 62. If an executor carries on the trade of his testator for the benefit of the testator's estate, and is not otherwise a trader, is he (the executor) a nenable to the Bankrupt Laws? 63. When goods are pledged by an agent who becomes bankrupt, for what sum can the owner of the goods prove under the bankruptcy, if he redeems them; and for what sum if he does not? 64. In an action by the assignees, what course must be pursued by the defendant who intends to dispute the petitioning creditor's debt, the trading, and the act of bankruptcy? the Earl of Cottenham, and express their gratitude to the present Lord Chancellor, who has consented to fill the office of president of the society. It is gratifying to state that a great number of the profession who have hitherto held aloof have become members of the society, and that the funded property, which last year amounted to 12,3761. 4s. 2d. has The dinner was served in the best style by the probeen increased in the present year to 13,4587. 18s. 8d. prietors of the Freemasons' Tavern; and the band of the 2nd Life Guards, assisted by Miss Ransford, Miss Poncioni, Miss Law, and others, materially stewards were more than efficient, and the company contributed to the amusements of the evening. The separated at a late hour. Frances, youngest daughter of Thomas Boorman, esq. of Canterbury, on the 19th ult. at St. Mildred's Church, HASLEWELL, John, third son of Edmund Gilling HasleCanterbury. well, esq. M.P. of the Royal Crescent, Cheltenham, to Eliza Catherine, second daughter of William Brodhurst, TADDY, James, son of Thomas Blackburn, esq. of Northesq. of the Friary, Newark, on the 26th ult. at Newark. down-hall, Isle of Thanet, to Sarah, second daughter of Lebheus Charles Humfrey, esq. Q.C. of Great Queenstreet, St. James's-park, and of St. Peter's, Thanet, st St. Margaret's, Westminster, on the 21st ult. DEATHS. BERRY, Mr. William, of Kennington, author of several valuable works upon heraldry, genealogy, &c. on the 2nd inst. at the residence of his son, Spencer-pace, Brixton, aged 76, having survived his wife only two months. CRAVEN, the Hon. Richard Keppel Craven, on the 24th ult. at Naples. SOMBRE, Colonel Dyce, on the 1st inst. at No. 8,Terrace, Davies-street. PIDCOCK, Benjamin, esq. late of her Majesty's Dockyard, on the 28th ult. at Church-hill, Woolwich, Kent, THOMAS, James Duncan, esq. of Porchester-terrace, Esysaged 69. water, late of Sunny Bank, Breconshire, and a magis. trate for that county, on the 24th ult. at Weston-superMare. Gazette, July 1. inn-fields. Petition, June 30. Gazette, July 4. ELLIS, JOHN SOLOMON, tailor, 13, Aldgate, July 12, at THE LAW TIMES. Beard, G. and W. brewers and builders, Great Coggeshall, June 23. Debts paid by G. Beard.-Brailsford, M. E. and Birley, J. H. teachers of a ladies' seminary, KingDebts paid by Debts ston-upon-Hull, June 24.-Bull and Cossens, carpenters and builders, Southampton, June 24. Bull.-Cor, P. and Co. grocers, Ripley, June 17. paid by Cox.-Desprez, C. and Green, T. watchmakers, Debts paid by jewellers, &c. Bristol, March 25.-Dobson, B. and Metcalfe, J. machine makers and brass and iron founders, Little Bolton, Nov. 30.-Hardaker, W. and Co. stone masons and builders, Bradford, June 17. June 11.-Hobson and Bryne, fustian manufacturers, A. Hill.-Harrison and Wood, cabinet-makers, Bradford, Manchester, June 23. Debts paid by Hobson.-Hodding, W. H. and Goodman, C. E. surgeons, accoucheurs, &c. by Hodding-Jessop, S. Parker, J. H. and Harris, S. Gloucester place, Portman-square, March 25. Debts paid common carriers, Aldersgate-st. June 24.-Longbottom, W. paid by G. Longbottom.-Mackintosh, C. and Co. waterand Son, screw and bolt makers, Leeds, June 25. Debts Chorlton-upon-Medlock, and Aldermanbury, as regards R. proofers and manufacturers of India rubber articles, Birley, T. H. Birley, jun. and J. H. Birley, March 31.Muff, W. and Bewley, E. gold beaters, Manchester, June West India merchants, Great Tower-st. April 30.-Nowell 24. Debts paid by Muff-Nelson, J. H. and Adam, W. and Illingworth, timber merchants, Bradford, July 30.Sproat and Roy, drapers, Crown-st. Finsbury, June 27.Thomas, E. P. and Towers, J. hosiers, Leicester, June 25. -Twiss, G. J. and Marshall, J. E. attorneys, Cambridge, March 15.-Van Kempen, P. and Sanders, C. wine and spirit merchants, Crutchedfriars, June 24.-Wayne and Bayly, S. grocer, second, 14d. Graham, London. Co. tin plate manufacturers, Carmarthen, May 9.-WightBenassit, E. wine merchant, second, 5d. Graham, Lon-wick and Damant, architects, Plymouth, June 24. Debts don.-Benton, S. linendraper, second, 1d. Stansfeld, Lon- paid by Damant. don.-Courtney, G. clothier, final sep. 1s. 3d. Stansfeld, London.-Dawson, J. shipowner, first, 2s. 6d. Stansfeld, London.-Dicken, W. grocer, third, 2s. 6d. Graham, London.-Ford, J. victualler, second, 24d. Graham, London. -Harris, C. A. flax spinner, first, 3d. Graham, London. -McKnott, E. and Glass, J. coal merchants, first, 2s. 1d. Graham, London.-Rowlett, J. merchant, second, 0d. Bird, Liverpool.-Shaw, W. and S. timber merchants, first and final sep. of W. Shaw, 20s. Fraser, Manchester. -Smith, W. timber merchant, fourth, 2d. Stansfeld, London.-Wilkinson, J. iron master, fifth, 94d. Bird, Liverpool. Robinson, T. grocer, hosier, and butcher, first and final, 48. 3 d. Apply at the County Court Daventry.-York, W. farmer, 7d. Apply to Mr. W. Summers, of Thrapstone. Assignments for the Benefit of Creditors. particulars of the Trinity Term Examination, 1851, reat and J. Bromley, glass and lead merchants, Liverpool. PART II. VOL. V. of COX'S CRIMINAL Sols. T. G. Edwards, Denbigh, and T. Dodge, Liverpool. -Lee, M. need le manufacturer, Redditch, Worcestershire, June 7. Trusts. H. English, needle stamper, Redditch, and T. Parr, paper maker, Beoley. Sol. E. Browning, Redditch.- Lloyd, J. upholsterer and cabinet maker, Coventry, June 3. Trusts. J. R. Hunter, upholsterer, Moorgate-st. and R. Swinnerton, timber merchant, Weddington. Sols. J. Hollams, Mincing-lane, and S. S. Baxter, Atherstone. - Minnikin, T. D. builder, Newcastleupon-Tyne, June 9. Trusts. J. Miller, plane manufacturer, Newcastle-upon-Tyne, and R. Madeley, merchant, Sols. Swan and Burnup, Newcastle. Birmingham. Bancutt, L. tailor and clothier, Chelmsford, Essex, R. Sampson, tailor, Princes-st. LeicesterJune 5. Trusts. Courtney, clothier, Houndsditch. Sol. W. B. James, Basinghall-st.-Bowen, W. linen draper, Partnerships Bissolved. AUDLEY-STREET, corner of Mount-street, GrosAlso very Moderate Premiums and an equitable division of Surplus. venor-square, have ready for immediate use several stepChariots, Landaus, Coaches, and Britskas. Exemption by the Charter from the liabilities of Part-piece Barouches, with and without Cee and under springs, nership. elegant and stylish George-the-Fourth Phaetons, Driving bodied, Broughams, and Clarences, for one and two horses, warranted twelve months. Phaetons, and others; and Sociables, single and doubleto let on hire, with liberty to purchase. All carriages sold Several secondhand light Broughams from 55 guineas to 67 guineas. |