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published of and concerning the plaintiff, as such
surgeon, and of and concerning the said college and
its said power. One of the libels complained of, con-
tained a statement that the college had the power of
expelling its members. The second plea was, that
the plaintiff was not a surgeon and member of the
College of Surgeons, having the power of expelling
persons guilty of unprofessional conduct, and of
unprofessionally advertising themselves and their
cases. It was held that the traverse put in issue the
power of the college to expel, and that the state-
ment in the libel itself was not sufficient evidence
of such power. (Wakley v. Healey and Cooke,
18 L. J. 426, Ex.)

observed that the intention of the Act in question plainly was to give to certain actions of libel the benefit of the plea of payment of money into court, as it existed in other forms of action. Everything printed or written which reflects on the character of another, and is published without lawful justification or excuse, is a libel, whatever the intention may have been; and under the general issue you may deny the publication of the alleged libel, or shew that it was not of an injurious nature, or shew that it was published on some lawful occasion. A declaration in libel alleged, that the libel stated that the plaintiff, who was seeking admission into a club, gave an entertainment a few days before he was to be elected; that he was afterwards Allegorical terms of a defamatory character of black-balled, and on the next morning bolted, and well-known import, such as imputing to a person some of the poor tradesmen had to lament the the qualities of "the frozen snake" in the fable, fashionable character of his entertainment. The are libellous per se, without inuendos to explain defendant pleaded in justification, that the plaintiff their meaning. To write to the members of a did suddenly leave and quit the town without pay- charitable institution, calling on them "to reject ing every one, and all of the debts contracted by him the unworthy claims of Miss H.," and stating that with divers persons in the town, and without notice" she squandered away the money which she did to them, and with intent to defaud and delay them, obtain from the benevolent, in printing circulars whereby the said persons, to wit, on &c. remained abusive of Commander D.," the secretary of the unpaid and defrauded. It was held, on special institution, is libellous. Hoare v. Silverlocke, 17 demurrer, that the plea was bad, in not stating the L. J. 306, (Q. B.) COLERIDGE, J. in delivering names of the tradesmen alleged to have been de- his opinion in this case, observed, it is said that frauded. (O'Brien v. Clement, 16 L. J. 76, Ex.) without an inuendo we cannot understand that The declaration set forth a libel stating that the these words are libellous. If we cannot so underplaintiff, who was seeking admission into a club, stand them then we are different from all the rest gave an entertainment a few days before he was to of mankind. Supposing that it was said of a perbe elected; that he was afterwards black-balled, son that he was a Judas, would that want an inuenand on the next morning bolted, and some of the do to explain its meaning? We ought to attribute tradesmen had to lament the fashionable character to the jury and court the knowledge of such terms, of his entertainment. The defendants pleaded by whether they be allegorical, historical, or fabulous. way of justification; that on the following morn- If such terms, whether historical, fabulous, or alleing the plaintiff suddenly left and quitted the town gorical, have passed so much into common use as and neighbourhood of P. leaving divers of the to have obtained a fixed meaning to persons of ortradesmen of that town and neighbourhood, to dinary knowledge, then we should take notice that whom he owed divers sums of money, unpaid, to such is their meaning. wit, T. T., W. S. &c. It was held that the plea In an action for libel, the statement complained was bad, as not amounting to a justification of the of in the seventh count of the declaration was thus libel, which imputed to the plaintiff a fraudulent alleged: "There is good reason for believing that evasion of his creditors. (O'Brien v. Bryant and a very considerable sum of money was transferred Others, 16 L. J. 77, Ex.) The declaration averred from Mr. T.'s (meaning the said W. T.'s) name in that the defendant used the words "blacklegs and the books of the Bank of England by power of black-sheep," to denote persons guilty of fraud, attorney, obtained [from him by undue influence and persons of disreputable character; that divers after he became mentally incompetent to perform persons had formed a club, called "The Royal any act requiring reason and understanding, (meanWestern Yacht Club;" that the defendant, intending thereby that the said plaintiff and J. H. S. had ing to cause it to be believed that the plaintiff was transferred, or caused to be transferred, the said a confederate of persons guilty of fraudulent play money from the said W. T.'s name, &c., at cards, and of being blacklegs and black-sheep in by means of a power of attorney obtained by the sense aforesaid, in a certain newspaper called, them from the said W. T. by undue influence &c. published, of and concerning the plaintiff, the exercised by them over the said W. T. and at a following libel "Royal Western Yacht Club, time when he was mentally incompetent)," &c. expulsion of two blacklegs" (meaning an expulsion The jury found a general verdict for the plaintiff. from the club of two persons, being blacklegs in On objection in arrest of judgment, it was held that the sense in which that word was used as aforesaid). the terms of the libel were not unduly extended by The declaration then stated that suspicion had at- the inuendo, and that the seventh count of the detached to two members (meaning the aforesaid two claration was good. (Turner v. Merywether, 18 persons) of the club, owing to two gentlemen having L.J. 155, C.P.) MAULE, J. in delivering his been plucked at cards, at the residence of one of opinion in this case, observed: "It seems to me the two suspected members, in a manner that that the part of the declaration now objected to, seemed to indicate foul play; that an inquiry took taking it as a separate count, does state something place, which resulted in the expulsion of the two that is actionable. It states that the defendant suspected persons. The declaration then stated that published certain libellous matter concerning the a person, known to be a confederate of the ex- plaintiff, thereby meaning that he had caused to be pelled parties, sought admission into the club; his transferred from the name of William Turner cer"O'B." meaning thereby the plain- tain moneys standing in his name in the books of tiff. It was held on motion in arrest of judgment, the Bank of England, by means of a power of that as it appeared from the inuendoes, coupled attorney obtained by the plaintiff from the said with the prefatory averments, that the defendant William Turner by undue influence, and at a time had published libellous matter of and concerning when he was mentally incompetent to give such a the plaintiff, it was not necessary to allege in the power. I agree that there are some of the older declaration that the libel was published of and con- cases decided on the principle that in actions of cerning the Royal Western Yacht Club, and the libel and slander words are to be construed in other prefatory averments. (O'Brien v. Clement, mitiori sensu, and that a plaintiff is not to be per16 L. J. 77, Ex.) mitted by averment to attribute to them any stronger As already stated in our previous article on this meaning. Those decisions have been long oversubject, the 2nd section of 6 & 7 Vict. c. 96, ena- ruled, and consistently with Solomon v. Lawson, bles a defendant in an action of libel to plead, by 15 L.J. 823, Q.B. explained as it has been by my way of defence, a certain special matter therein brother Coltman, the modern practice may be susstated, and enacts that, "to such plea to such ac-tained and applied to the present case. If Solomon tion it shall be competent to the plaintiff to reply v. Lawson is to be taken as having decided that generally, denying the whole of such plea." It where a libellous statement is impersonal it cannot was held in the case of Chadwick v. Herapath, be averred to have been intended to apply to the 16 L. J. 104, C.P. that the replication under this the plaintiff, I should not be satisfied with it. But statute need not deny all the facts stated in the plea, I do not that that decision requires the affirmative but the plaintiff may traverse as much of it as he of that proposition to be maintained." thinks necessary.

name was

In Merrywether v. Turner, 19 L. J. 10 C. P. where the case last cited was determined in the

A declaration in libel stated as inducement, that the plaintiff was a surgeon and member of the Col- Ex. Ch. it was held that, although libellous words lege of Surgeons, which said college had the power point at no particular person, yet if they impute in of expelling persons guilty of unprofessional con- substance that some one has been guilty of an duct, and of unprofessionally advertising them- offence, the plaintiff may, by inuendo, apply them selves and their cases. The libel was alleged to be to himself; and it is a question of evidence whether

they apply to him. An inuendo that the libel meant to impute that the plaintiff and J. H. T. had actually transferred the stock, was held not too large, since the words of the libel, that there was strong reason for believing the stock had been transferred, were capable of the interpretation thus put on them; and that after verdict the Court would presume that the jury had found that they bore the meaning averred in the inuendo, a3 regards the requisite evidence of publication of a libel.

In an action against the proprietor of a newspaper for a libel, the evidence given of publication was, that the plaintiff had, many years after the libel was printed, sent a person to the newspaperoffice to buy a copy of the newspaper in which it appeared, and to whom a copy was accordingly sold at the office. It was held sufficient evidence of publication. (The Duke of Brunswick v. Harmer, 19 L. J. 20 Q.B.) In this case it was also deter mined that where the first count set out a libel, which was referred to in the subsequent counts alleging other libels, and the original cause of action of the libel in the first count was barred by the Statute of Limitations, but a republication of it within six years was proved, it was held that the judge was not bound to direct the jury to give damages for the libel in the first count with reference only to its republication.

(To be continued.)

LEGAL INTELLIGENCE. THE NEW LAW APPOINTMENTS. FROM the addresses of the new law officers to their constituents we take the following passages on the topics most interesting to our readers :think that the duties of the high judicial office to The MASTER of the ROLLS says:-" I venture to which I have been appointed will be in no degree incompatible with those of a member of Parliament; and I believe that my continuing to act as your representative will give me greater opportunities— as it will impose upon me greater obligations--to promote all those measures of legal reform which are essential to the permanent prosperity of the country."

The ATTORNEY-GENERAL (Cockburn) says— "Gentlemen, when I first presented myself to your

notice, I stated to you that one of my great objects as far as in me lay, to the improvement of the law. in entering the Legislature would be to contribute, With this view, I gave my best support to the measure for extending the jurisdiction of the County Courts, as a means of procuring a short, simple, cheap, and yet efficacious, administration of justice. I am happy to state to you that great and extensive changes are not only in contemplation, but in progress, with a view to a like result in the higher courts of judicature. In these great improvements shall be happy and proud to co-operate, and I shall be enabled to do so with greater effect if to the legal which is derived from being the representative of a office I have now the honour to hold I add the weight numerous and enlightened constituency."

I

The SOLICITOR-GENERAL (Page Wood) says-“I now again solicit your confidence and support upon the vacancy occasioned by my having accepted the honourable appointment of Solicitor-General to her Majesty. The offer of this appointment was unsought for and unexpected. In many respects I should have preferred retaining the independent position which was alone my object in entering upon honour conferred upon me, justifying, as it does, public life. I am, indeed, far from insensible to the your selection of me as a person qualified for the arduous duties of a member of Parliament; but this consideration alone would not have induced me to accept the office."

COURT OF CHANCERY, Saturday-Sir John Romilly, the Master of the Rolls, came into Court this morning with the Lord Chancellor, and the Clerk of the Crown being in attendance, the usual oaths were crowded Bar. Mr. Walker, as the senior Queen's taken by the new Judge, in the presence of a very Counsel present on the occasion, moved that the usual entry be made on the records of the Court, and the Master of the Rolls retired.

APPOINTMENT OF A VICE-CHANCELLOR. On Thursday the Act which received the Royal assent on Tuesday (14th Victoria, chap. 4), to enable Her Majesty to appoint a Vice-Chancellor in the room of Sir J. Wigram, resigned, was printed. It is declared by the preamble that the state of business renders it

expedient" that a Vice-Chancellor should be appointed in the place of Sir James Wigram. The a secretary, usher, and trainbearer. new Vice-Chancellor (Mr. George Turner) is to have The Lord Chancellor may appoint one or more persons to keep order in court at not more than 801. a-year each. The salaries of the other officers to be the same as

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regulated by the Act appointing the Vice-Chancellor, whose salary will be the same as enjoyed by Sir J. Wigram, 5,000l. a-year. The new Vice-Chancellor will not take his seat on the bench before the first day of the ensuing Easter Term.

THE ATTORNEYS' TAX.-A deputation on the subject of the proposed repeal of the certificate duty on attorneys, solicitors, proctors, and others, consisting of Lord Robert Grosvenor, M.P., Mr. Charles Cowan, M.P., Mr. Richard Harrison (President), Mr. Benjamin Austin, and Mr. John Coverdale (Members of Council of the Incorporated Law Society), and Mr. Robert Maugham (Secretary), had an interview with Lord John Russell, at his official residence in Downing-street, on Tuesday.

The Circuits.

OXFORD CIRCUIT. MONMOUTH, March 27.-Mr. Justice Talfourd opened the commission here yesterday at 2 o'clock. There were 31 prisoners in the calendar. Of these 11 were charged with burglary, three with robbery from the person with violence, two with rape, two with bigamy, one with concealing a birth, one with embezzlement, one with obtaining goods by false pretences, one with forging an order for the delivery of a shilling's worth of beer, and the remainder with larceny. Eleven were marked as unable to read or write; seventeen as imperfectly educated; one, who is charged with embezzlement, is marked as having received a superior education; and of two the state of education is not mentioned. Of five causes entered, four were marked for special juries, and one for a common jury.

WESTERN CIRCUIT.

TAUNTON, April 2.-The commission for the county of Somerset was opened here yesterday. This morning the judges attended Divine service, and then repaired to their respective courts. The Chief Baron presiding in the Crown Court, and Mr. Baron Martin sitting at Nisi Prius Court. The number of prisoners at present in the calendar is 102, and the following is a summary statement of the offences with which they stand charged :-Murder, 4; manslaughter, 1; maliciously wounding, 5; arson, 1; robbery, 11; forgery, 2; burglary, 9; rape, 4; housebreaking, 9; larcenies, 44; perjury, 2; beastiality, 1; uttering counterfeit coin, 2; concealment of birth, 2; assaults, 2; exposing a child, &c. 1; night poaching, 2. The cause list contains 9

cases.

PROCEEDINGS OF LAW

SOCIETIES.

LAW STUDENTS' DEBATING SOCIETY.

QUESTIONS FOR DISCUSSION.

Tuesday, April 8, 1851.

The Master of the Rolls has appointed Mr. Brett, of the Chancery bar, his chief secretary, and Mr. Knight, his first gentleman of the chamber.

COURT PAPERS.

COURT OF CHANCERY. NOTICE.-The Registrar's and Reports Offices of the Court of Chancery will be open for vacation business from eleven till one o'clock daily, and will reopen for general business on April 10.

BIRTHS, MARRIAGES, AND DEATHS.

BIRTHS.

BOWEN. On the 27th ult. at Port of Spain, Island of Trinidad, the lady of H. T. Bowen, esq. Puisne Judge of that island, of a son. BLAKE.-On the 29th ult. at Blackfriars-road, Mrs. James J. Blake, of a daughter. COLE.-On the 27th ult. the lady of Alfred W. Cole, esq. barrister-at-law, of a son.

SMITH.-On the 29th ult. at 23, Edith-villas, North-end, Fulham, the wife of Frederick James Smith, esq. barrister-at-law, of a son.

MARRIAGES.

EDWARDS, John, esq. of Uppingham, Rutland, surgeon, youngest son of the late Samuel Edwards, esq. of Spalding, Lincolnshire, solicitor, to Mary Elizabeth, eldest daughter of James Tomlinson, esq. of Norton Grange, on the 27th inst. at East Norton, Leicestershire. FRASER, Patrick, esq. advocate, Edinburgh, to Margaret Anne, eldest daughter of William Sharp, esq. the Larches, near Birmingham, on the 27th inst. at Aston, Church, Warwickshire.

STEPHEN, James Wilberforce, Fellow of St. John's College, Cambridge, barrister-at-law, and eldest son of Sir George Stephen, to Katharine Rose, fourth daughter of the late Rev. Bowater James Vernon, formerly senior chaplain in the Hon. East India Company's service.

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39. Ought the case of Morton v. Tibbett, 19 L. J.3 Rep. (N.S.) Q.B. 382, to be reversed on appeal? XXXVII. Would it be of advantage to introduce the law of partnership en commandite into this country?

PROMOTIONS, APPOINTMENTS,

"

ETC.

[Clerks of the Peace for Counties, Cities, and Boroughs will oblige by regularly forwarding the names and addresses of all new Magistrates who may qualify.]

THE Queen has been pleased to constitute and appoint Sir John Romilly, knt. to the office of Master and Keeper of the Rolls and Records in Chancery, vacant by the surrender thereof by the Right Hon. Henry Lord Langdale.

WHITEHALL, April 2.-The Queen has been pleased to direct letters patent to be passed under the Great Seal of the United Kingdom of Great Britain and Ireland, appointing George James Turner, esq. one of her Majesty's counsel, to be a Vice-Chancellor, in the place of the Right Hon. Sir James Wigram, knt. resigned.

The Queen has also been pleased to confer the honour of knighthood upon John Kerle Haberfield, esq. mayor of the city of Bristol.

Mr. G. J. Turner, Q.C. of the Chancery Bar, M.P. for Coventry, will, it is understood, be the new Vice-chancellor, when the Act authorising the appointment, and which has passed through both Houses, shall receive the royal assent.-Observer.

WHITEHALL, March 21.-The Lord Chancellor has appointed Alfred Kingsford Cornelius, of Canterbury, in the county of Kent, gent. to be a Master Extraordinary in the High Court of Chancery.

George Wattley, esq. is appointed Provost Marshal of St. Christopher's; Edward Murray, esq. Marshal of the Island of Trinidad. John Losh, esq. is nominated a Member of the Legislative Council of Trinidad. Algernon Montagu, esq. Stipendiary Magistrate of the Falkland Islands, is appointed a Member of the Legislative and Executive Councils of those islands.

New 3 Cent. Annuities.. 97

Long Annu. (exp. Jan. 5, 1860)
Do. 30 yrs. (exp. Oct. 10, 1859)
Do. 30 yrs. (exp. Jan. 5, 1860)|
India Stock, for Account....
India Bonds (1,000l.)

Fri.

road, April 10, at twelve, and May 15, at eleven, Basing hall-st. Off. as. Bell. Sols. Surr and Gribble, Lombard st. Petition, March 27.

THORNTON, EBENEZER, ironmonger, Huddersfield, April 11 and May 22, at eleven, Leeds. Off. as. Freeman. Sols. Fenton and Jones, Huddersfield; and Bond and Barwick, Leeds. Petition, March 20.

Gazette, April 4.

ANDREWS, WILLIAM, commission merchant, Liverpool, April 14 and May 12, at eleven, Liverpool. Com. Perry. Off. as. Morgan. Sol. Williams, Liverpool. Petition, March 26.

BRADBERRY, GEORGE HENRY, and LOWE, GEORGE RICE,

flour factors and merchants, 18, Great Tower-st. City, April 16, at half-past one, May 16, at one, Basinghall-st. Com. Fonblanque. Off. as. Stansfeld. Sols. Strutt and Cunningham, 18, Buckingham-st. Strand. Petition, March 28.

BROWNE, JOHN BENSON, wine merchant, Newcastle-underLyme, Stafford, April 17 and May 8, at twelve, Birmingham. Com. Daniell. Off. as. Whitmore. Sols. Kough, Shrewsbury; and Motteram, Knight, and Emmet, BirGENTRY, JOHN, Smith and ironmonger, Bocking, Essex, mingham. Petition, March 15. April 16, at two, May 13, at twelve, Basinghall-st. Com. Fonblanque. Off. as. Graham. Sols. Stevens and Satchell, Queen-st. Cheapside. Petition, March 27. LLOYD, LEONARD WILD, builder and brickmaker, 15, Goldhawk-terrace, New-road, Shepherd's-bush, April 16. at one, May 16, at twelve, Basinghall-st. Com. Fonblanque. Off. as. Stansfeld. Sol. Abraham, 4, Lincoln'sinn-fields. Petition, March 28.

MOATE, ROBERT, innkeeper, West Stockwith, Misterton, Nottingham, April 19 and May 10, at ten, Leeds. Com. West. Off. as. Freeman. Sol. Marratt, Doncaster. Petition, April 1.

REYNOLDS, HOWELL, innkeeper, coal contractor, and coal proprietor, Aberaman, Aberdare, Glamorganshire, April 23 and May 16, at eleven, Bristol. Com. Stephen. Off. as. Acraman. Sols. C. H. and F. James, Merthyr; and Short and Strickland, Bristol. Petition, April 3. ROOPE, CHARLES, wine merchant, Liverpool, April 11 and May 15, at eleven, Liverpool. Com. Stevenson. Off. as. Turner. Sols. Fletcher and Hull, Liverpool. Petition, March 28.

TAYLOR, ROBERT ANDREWS, Epsom salts and colour manufacturer, Dunston, Durham, April 11, at twelve, May 9, at one, Newcastle-upon-Tyne. Com. Ellison. Off. as. Baker. Sols. G. Forster, 21, Grey-st. Newcastleupon-Tyne, and Bolding and Pope, 35, Fenchurch-st. Petition, March 28.

BANKRUPTCY ANNULLED.
Gazette, April 1.

Angle, B. licensed victualler, Moorfields, March 22.
Gazette, April 4.
Johnson, R. J, plumber, painter, glazier, gas fitter, and
house decorator, Wellington-st. Woolwich, April 1.

Dividends.

BANKRUPT ESTATES.

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

Broughton and Garnett, bankers, fifth, 9s. 01d. TurnerLiverpool.-Coldrey, G. G. 4d. Pennell, London.-Cramond, J. first, 3s. Pennell, London.-Donovan, J. fish, monger, first, 3d. Pennell, London.-Elliott, W. first, 38. 1d. Pennell, London.-Green, R. ironmonger, second. 1d. Pennell, London.-Griffith and Pearson, fourth, 11d, Pennell, London.-Haslam, W. chemist, first, 59. Pennell, London.-Holloway, H. R. bookseller, first, 5s. Pennell London.-Johnson, J. first joint, 3d.; sep. on new proofs' 20s. Pennell, London.-Joyce, J. third, 3d. Pennell, London-Knight, R. butcher and farmer, second, 5d. Pennell, London-Law, R. third, 4s. 114d. Pennell, London.Prior, H. third, 5d. Pennell, London.-Samuel, L. silversmith, first, 18. 1d. Pennell, London.-Thompson, J. gun7 powder dealer, first, 2s. 2d. Fraser, Manchester.-Thorold, B. H. second, 1s. 7d. Peunell, London.-West, J. R. block and mast maker, first, 1s. 8d. Pennell, London.

981

96 96

96 96 96

Do. do. (under 1,000.)... 57 62

South Sea Stock.

Do. do. New Annuities

Exchequer Bills, 1,000l.

Do.

Do. Do.

do. 500l.

do. Small

do. Advertised..

• Premium.

71

61

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51 54 53 56 53 54*

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+ Account.

THE GAZETTES.

Bankrupts.

Gazette, April 1.

52 57

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61

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BURY, JAMES, jun. cotton waste dealer, Sneinton, Nottinghamshire, April 11, at ten, May 9, at eleven, Nottingham. Off. as. Bittleston. Sol. Brown, Nottingham. Petition, March 25. CLAYTON, THOMAS LUCAS, milkman, Pottesgrove, Bedfordshire, April 9, at two, May 9, at one, Basinghall-st. Off. as. Graham. Sol. Cobb, Downham-road, Lower-st. Petition, March 29. COLE, JOHN FREDERICK, victualler, Hampton-court, April 10, at half-past one, and May 15, at twelve, Basinghall-st. Off. as. Johnson. Sols. Wild and Co. College-hill. Petition, March 25.

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Brown, R. auctioneer and surveyor, Old Broad-st. City, March 24. Trust. J. Davidson, esq. Brixton-hill. Sol. W. Savage, Lancaster-place, Strand.-Cawley, J. grocer, Manchester, March 21. Trusts. G. Robinson and J. Hunter, tea dealers, Manchester. Sols. Vickers and Diggles, Manchester.-Pope, W. D. stationer and printer, Mildenhall, Suffolk, March 19. Trusts. E. Chapman, farmer, and C. Webb, bricklayer, Mildenhall. Isaacson and Sons, Mildenhall.-Slip, S. and H. painters and glaziers, Westgate-st. Bath, March 18. Trusts. J. Hare, oil merchant, and R. Dix, glass merchant, Bristol. Sols. Gillard and Flook, Bristol.--Williams, T. grocer, Manchester, March 7. Trusts. J. Moss, corn merchant, and J. Hunter, tea merchant, Manchester. Sol. J. Janion, Manchester.

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REES, DAVIES, draper, Tredegar, Monmouthshire, April 15 and May 13, at eleven, Bristol-court. Off. as. Hutton. Sol., Bevan, Bristol. Petition, March 22. DEWHURST, ISAAC, and JOHN SAWLEY, cotton-spinners, Embsay, Yorkshire, April 15, at eleven, and May 5, at twelve, Leeds. Off. as. Hope. Sols. Brown, Skipton, and Bond and Barwick, Leeds. Petition, March 22. BARBATT, EDWARD, and BLAND, JOHN, builders, Hunting-gent. Wood-st. Cheapside. Sol. Surr and Gribble, Lomdon, builders, April 15 and May 22, at eleven, Basinghall-st. Off. as. Johnson. Sols. Sewell and Co. Old Broad-st. and Hunnybun, Huntingdon. Petition, March 28.

Trust. J. Fletcher, tobacco manufacturer, Liverpool. Sol. M. J. Hore, Liverpool.-Backhouse, D. farmer, Tadcaster, Yorkshire, March 24. Trusts. R. Williamson and S. P. Wilks, gentlemen, Yorkshire, and R. Smith, seedsman, Tadcaster. Sols. Richardson and Gutch, York.Flower, J. A. linendraper, Gloucester, March 14. Trust. A. Caldecott, warehouseman, Cheapside, and D. Smith, bard-st. George, J. D. hosier, Old Bond-st. Bath, March 18. Trust. C. J. Leaf, warehouseman, Old Change. Sol. A. Jones, Sise-lane.-Goodwin, C. maltster, Canter bury, March 17. Trusts. R. Sankey and G. Furley, gen tlemen, Canterbury. Sol. R. M. Mount, CanterburyWatson, J. H. felimonger, Soothill, Dewsbury, Yorkshire, Maroh 5. Trusts. J. Watson, hide and skin broker, Sheepsoar, Leeds, and J. Smithson, butcher, Dawgreen, Dewsbury. Sols, W. Ambrose, Glasgow, and J. Dunning,

MAY, CHARLES, and METCALFE, WILLIAM LEOPOLD and
CHARLES JAMES, carpenters, Roxton, Bedfordshire,
April 11, at two, May 13, at twelve, Basinghall-st. Off.
as. Groom. Sols. Norris and Co. Bedford-row, and
Worship, Great Yarmouth. Petition, March 18.
MINOR, GEORGE THOMAS, mercer, Mount-st. Westminster-Loeds.

Partnerships Dissolved.

Gazette, March 25,

Arbuthnot, Ewart, and Company, merchants and commission agents, Liverpool and Bombay, as regards E. Lyon, Dec. 31-Cattermout and Son, builders, Norwich, Dec. 25. -Coward, Darsie, and Co. salt manufacturers, Anderton, Dec. 31.-Crighton and Watt, millwrights and engineers, Manchester, March 20. Debts paid by Crighton.-Davis, J.B.and Co. merchants, Liverpool, March 21.-Drabble and Sanderson, saw and steel manufacturers, Sheffield, March 19. -Hardwick and Fawcett, cloth finishers, Leeds, March 21. -Hassell, R. and Tarrant, R. clothiers and slopsellers, Bedford-place, Commercial-road, March 21. Debts paid by Hassell.-Haycock, E. S. and Co, mathematical instrument manufacturers, Birmingham, Jan. 6.-Hastings and Pagan, cotton spinners, Rochdale, March 4.-Henry and Dodds, builders, Newcastle, March 20.-Hicks and Feather, tailors and outfitters, Plymouth, Feb. 28.-Hitchcock and Flower, saw-mill proprietors, Barron's-place, Waterloo-road, March 22.-Jackson, W. and Sampson, C. decorators and house agents, Orchard-st. Portman-square, March 8.Leach, J. C. and F. and Ormrod, P. drapers, hosiers, and hatters, Warrington and Runcorn, March 21.-M'Dowall, W. and Topham, G. printers, Little Queen-st. Lincoln'sinn-fields, March 19.-Pagan, Stewart, and Co. woollen manufacturers, Rochdale, Feb. 28.-Searell, W. S. and T. millers, Buckfastleigh, March 19. Debts paid by W. S. Searell.

Gazette, March 28.

Bell, Massey, and Co. ironmongers, Baker-st. Portmansq. March 14.-Brockbank, J. and G. H. pianoforte makers, Crawley-st. Somers-town, March 21.-Bromilow and Schofield, coal proprietors, Eccleston, March 21. Debts paid by Bromilow.-Brown and Trotter, wine merchants, Philpot-lane, March 1.-Busher, E. and Son, tailors and woollen drapers, Kendall, March 24.-Clapham, J. and G. grocers and oilmen, Lower Clapton, March 27.-Crosland, W. and Co. woollen-cloth manufacturers, Huddersfield, and Hanson, J. and Co. spinners, Oct. 31.-Dawson, J. and J. cloth finishers, Huddersfield, March 22. Debts paid by James Dawson.-Dennis, Day, and Co. ironmongers and cutlers, Bristol, March 25. Debts paid by Dennis.-Edwardes, G. and Coleman, E. H. surgeons, Wolverhampton, March 25. -Evans, T. F. and A. F. merchants, Philpot-lane, March 25. Debts paid by Evans and Emson.-Franklin, C. and J. tanners, Bickenhall, March 20. Debts paid by J. Franklin.-Green, R. and Cobb, R. plumbers, Devonshire-st. Queen-square, March 20.-Hick, B. and Son, engineers, Bolton-le-Moors, Jan. 1, 1847.- Hick, B. and Son, engineers, &c. Bolton-le-Moors, as regards J. Hargreaves, jun. April 1.-Holme and Roberts, cotton spinners, Manchester, March 24. Debts paid by Holme.-Horsfall, A. and Wild, B. dyers, Huddersfield, March 26.-Johnson, E. and L. drapers, Birmingham, March 25. Debts paid by E. Johnson.-Joyce and Blake, mercers, Hinckley, March 25.-Kay, Birch, and Warbur ton, manufacturing chemists, Droylsden, Manchester, March 21. Debts paid by either party.-Lane, W. and E. grocers, Christchurch, Southampton, March 26. Debts paid by E. Lane.-Lewis and Dawes, coal merchants, Wartling and Wallsend Pevensey, March 10.-Mason, H. and G. worsted spinners, Bradford, March 26.-Merrett, Edridge, and Merrett, pin manufacturers, Birmingham, March 22. Debts paid by J. Edridge and J. Merrett.-Pearson and Irving, grocers, Salford, April last, and Irving, G. and Co. paper dealers, Manchester, March 20.-Rhodes and War. burton, stone dealers, Rochdale, March 26.-Tanner, E. and Elliott, L. M. milliners, &c. Brighton, March 25. Debts paid by Tanner.-Thomas, C. J. and Dinsdale, H. medical and general agents, Wellington-st. Strand, Feb. 15. Debts paid by Dinsdale. - Winmill, R. and B. butchers, Broadway, Stratford, Feb. 6. Debts paid by R. J. Winmill.

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CONTENTS.

Page. 21

NOTICES TO CORRESPONDENTS ..........................................................

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sure, that among the few which have received transfers. If further evidence of this were the approval of the House of Lords, and which wanting, it may be found at home. Whatever will probably become law, are those which it favour copyhold tenure preserves in popular. was our good fortune to suggest and frame esteem, in spite of its many absurdities and 21 for securing to the Attorney fairer professional inconveniences, is due to its being practically 22 remuneration. If these alone be saved from a Register of Title, which copyholders are un-, the wreck, an improvement will be effected of willing to exchange, even for the advantages 22 incalculable value and importance to the Pro- of enfranchisement. The argument of expense has no foundation in fact.

25

24

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fession.

So far as we are enabled to collect from the reports in the newspapers, for we have not yet 25 seen the curtailed Bill, the following alterations have been made in it :

25

The clauses giving to the County Courts an 25 Equity Jurisdiction were agreed to. 26 The clause permitting Barristers to appear, 27 uninstructed by an Attorney, was, we are happy 27 to say, withdrawn.

26

27

27

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"A SUBSCRIBER" greatly complains of the defects of the Building Societies Act. It certainly requires amendment,

"W. T."-We do not give opinions on the construction of wills.

"W. D." (Howden).-We have repeatedly directed attention to the subject. "E. M." (Stafford).-Not having room for his letter here, we have transferred it to the County Courts Chronicle.

"G. B. N. When the statement was written, all was proceeding smoothly without a show of opposition. The objec tions of the Lord Chancellor were made at the last moment,

after the Bill had been once committed, and only on its recommitment. It is so unusual to permit a measure to pass through committee unopposed, and then to oppose it on a recommitment, that we were entitled to share Lord Brougham's belief that it was to pass without opposition. as it surprised ourselves, and we were not made acquainted with it until after our remarks upon the smooth passage of the Bill were written and printed. "A

That opposition at the last moment surprised him as much

SUBSCRIBER" (Liverpool). The letter to Lord Brougham will appear in the County Courts Chronicle, for the reasons above stated. But does he not see that the

same argument would equally apply to all other Courts? So long as any distinctions are to be observed in the Prodesirable to abolish all distinctions, and place barrister, attorney, and clerk on precisely the same footing, is another question, which may be fairly argued upon its own merits. But while distinctions are deemed desirable, they must be

fession, a line must be drawn somewhere. Whether it be

observed. "AMICUS."-No.

"AN ARTICLED CLERK."-We are not aware that there

such a distinction.

is

"LEX."-The 1001, is returned upon being called, minus the "R. M."-The keeper of the Inland Revenue Office, being

fees of the call.

tice.

The clauses permitting parties by consent to try in the County Courts any causes of any amcunt were struck out, as was clause 35, which required the summons to state the conditions on fulfilment of which proceedings shall be stayed.

Clause 36, which required special courts to be holden for the trial of causes above 201. was postponed.

The clauses abolishing existing local courts, and permitting clerks of Attorneys to act as Advocates in the County Courts, were struck out, as also were all the clauses that related to Arbitration and to Courts of Reconcilement. The LORD CHANCELLOR intimated that, in a contemplated measure for Equity Reform, he should propose to give to the County Courts limited jurisdiction in Equity.

a

Friday night. Just as we are going to press, we learn that the Bill, as amended, was this evening read a third time and passed by the House of Lords. It is not probable that the Commons will refuse their assent to any portion of it.

REGISTRATION OF DEEDS.

THIS measure is already the subject of eager controversy, but as yet chiefly among the lawyers; the public have treated it with singular indifference. Only one of the daily newspapers has taken part in the discussion, and that is in condemnation, not of the particular plan of the Commissioners, but of the principle of registration, to which it asserts two objections: first, that it will give publicity to dealings with property to which it ought not appointed as an officer of the Government, is exempt. to be subjected; and, second, that it will "TYEO."-We only answer questions of professional prac-increase the cost of transfers. We have received a multitude of letters on the question of Undoubtedly, if the Morning Post be right Clerks being admitted to practise as advocates in the County in this, there is an end of the question. The very purpose of a registry is to diminish the cost of transferring property, by facilitating that which is the main source of expense, the proof of title. If it does not this, it is worthless. But what proof does the Post produce in support of its assertion? None. It assumes what is not the fact, that in small transfers purchasers or mortgagees are content to take the title without investigation or with only partial proofs. It is not so. However trifling the value of the property, the solicitor is bound to see that his client takes as clear a title as if it were half a county, and for this reason, if for by the name and address of the writer; not necessarily no other, that, although the price paid may be

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expense of transfer, so far as the conveyance is concerned, might, on very small transactions, be somewhat increased by registration; but against this must be set the saving of cost in the proof of title whenever it comes to be mortgaged or sold. On a balance of account the benefit to the owner would be found to be largely in favour of registry. Besides, we have the experience of all other civilized countries who have established registers of titles, and who are unanimously of opinion that they are beneficial by the security they give to titles, and the facilities which they afford for

Nor is the objection of publicity more tenable. Wills are registered, and they are much more calculated to provoke curiosity than title-deeds: they reveal much more of a man's affairs, because they extend to all, and not to a portion only, of his property. Not a single argument upon this head can be adduced against a Registry of Deeds which is not equally applicable to a Registry of Wills. Yet does no person so much as suggest the abolition of the latter, and, doubtless, if it were now proposed for the first time, it would be still more vehemently objected to than is the registry of deeds, so ready are men to see faults in novelty, while they are blind as beetles to evils which custom has sanctioned.

Within the Profession this discussion has taken a different direction. More rationally it is argued among the Lawyers as a question of practicability. The principle is conceded; the utility of registration is admitted; the difference is reduced to this,-should the registry be local or general? Lord CAMPBELL'S Bill proposes a general one; but the opinion of the Profes sion inclines strongly to local registries. It is urged that, in small transactions, the cost of sending an agent to search the register before the purchase and then to register after it, would impose a considerable charge even on the most straightforward case; but in the great majority of cases a single search will not suffice. The abstract sent down by the agent will be pretty sure to give occasion for further inquiries, and thus may the cost be swollen immensely. It is a further and very serious objection, that it would seldom be safe to in trust the investigation of a title to a stranger; it could only be conducted safely and satisfactorily by the Solicitor who is personally acquainted with the property and understands But if the Solici

the transactions recorded.

tor is to go to London to make the search in person, the additional costs would be a worse evil than that which the scheme is intended to remedy.

The more the subject is considered, the more, we believe, will this view of it impress itself upon the mind, and it needs only to be tem perately pointed out to Parliament to receive reconsideration.

Firmly believing that a well-planned registration of deeds will be a great boon to the landowner, we are equally convinced that its advantages cannot be secured to him by any other than a local registry. A general index might be kept at a London office for convenience of a general search; but the poor-law union districts should be the limits of the registries, and the clerk to the guardians the registrar, with an office for the purpose, fireproof, attached to the union office. would be at once inexpensive and efficient, and would remove the only rational objections that have been urged against a registration of deeds.

This

SHAM LAWYERS. THE following is as impudent a specimen of the doings of the rapidly-increasing tribe of Sham Lawyers, who, under the names of Agents and Accountants, are invading the Profession, as any we have ever read.

We hope that by thus bringing them prominently under the notice of our readers, the Attorneys in their neighbourhoods may be induced, by a sense of duty to the Profession, if not for self-protection, to keep watch upon the doings of the Sham Lawyers, and to invoke either the Stamp Office or the Criminal Court, according to the circumstances of the case

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encouraged thereto by the successful examples of similar proceedings which we have lately recorded for their instruction :

J. SIMMONS,

ACCOUNTANT AND ARBITRATOR, 1, Cambridge-terrace, South-street, Greenwich, and 49, Gracechurch-street, London. Estates and every description of House Property managed, and the Rents, &c. collected.

Partnerships negociated; Dissolutions arranged; the Partnership Accounts prepared, delivered, and collected, and the final Winding-up and Disposal of the Partnership Property effected.

The Accounts of Executors, Trustees, Charities, Societies, &c. investigated, made out, and audited, and Executors' Accounts passed at the Legacy Duty Office.

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DEBTS

Collected from from any part of the United Kingdom, and, where necessary, legal proceedings taken for their recovery, at a limited expense.

BANKRUPTCY AND GENERAL BALANCE-SHEETS

PREPARED.

Trades and Professions negociated for sale or purchase.

Tradesmen's Books brought up and balanced, and the most complicated accounts arranged. Arbitration references taken, and Agreements of every description accurately prepared.

TO THE EMBARRASSED.

To parties desirous of effecting honourable and speedy arrangements with their Creditors by composition, or otherwise to avoid an application to the Bankruptcy or Insolvent Courts, J. S. may be consulted for the purpose of carrying such arrangements into effect. To those where such an application is unavoidable, or where it may be necessary to resort to the privileges of the New Act, to obtain protection from arrest, without imprisonment, every facility will be given to effect that object, and the business conducted through the court with promptitude and despatch.

J. S. begs further to observe, that from a professional experience of twenty years and upwards in the management of extensive legal matters, he offers, at - a very moderate expense, to afford much valuable assistance to parties consulting him in the arrangement of their pecuniary affairs; and in soliciting their favours and confidence, they may depend upon every attention and regularity being observed in the business which they may please to entrust to his guidance, and the strictest secrecy may be relied on. Parties waited upon at their own residences, by appointment.

THE LEGISLATOR.

Summary.

THE Prosecutions Bill has been reported; the County Courts Extension Bill has been cut to pieces, leaving but a fragment of its original form, but that fragment fortunately the most important of the whole to our readers-the clauses securing to them better professional remuneration. This is the sum of the legal doings of the week. Neither the Registration of Deeds Bill, nor Lord CAMPBELL'S Criminal Law Bill, nor the Law of Evidence Bill has made any progress. And Easter is close at hand! and then the Exhibition! So the prospects of this session may be anticipated.

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185.
156.

182.

Charitable Institutions Notices
Landlord and Tenant

Expenses of Prosecutions, amended
Sale of Arsenic Regulation

Stamp Duties' Assimilation

Property Tax

Audit of Railway Accounts, No. 2
Oath of Abjuration, Jews

Crown Estate Paving

Farm Buildings

Public Records-Twelfth Report of the Deputy Keeper
162. Lighthouses, Colonies-Return
165. Duchy of Cornwall-Account of Income and Expen-
Turnpike Trusts, Scotland-Abstract of the General State-

diture

ments of Income and Expenditure
122. County Treasurers, &c.-Abstract of Return
161. Pilotage-Account

166. Duchy of Lancaster-Account
174. Brewers, Victuallers, &c.—Account
189. Expiring Laws-Report
163. St. Helena-Return

167. Church Preferments-Further Return
171. Customs Duties, &c. Ireland-Accounts
173. Malt-Hops-Accounts
181. Committee of Selection-Fifth Report
183. Ecclesiastical Commission, Ireland-Report

193. St. Alban's Election-Minutes of Evidence

Canada, Civil List and Military Expenditure, &c.-Corre

spondence.

HOUSE OF LORDS.
CRIMINAL RETURNS.

FRIDAY, April 4.-On the motion of Lord BERNERS, returns were ordered of the number of prisoners committed for larceny in England and Wales at October sessions in 1849 and 1850; at January sessions in 1850 and 1851, and at any adjournment thereof; and at any intermediate sessions; and at the spring assizes in 1849, 1850, and 1851. Also, return of the number of prisoners committed for larceny in Yorkshire and Lancashire at the winter assizes in 1849 and 1850; and also a return of the number of prisoners committed for larceny, burglary, embezzlement, false pretences, and night poaching in England and Wales, at the several assizes in 1849, 1850, and 1851.

upon the principles which he had on former occa-
It con-
jurisdiction of local courts in equity cases.
fined the jurisdiction of those courts to personal
suits, excluding all questions as to right of real
property. It gave the power of appeal, and the
power of removing from the local courts any such
case instituted in those courts, by an application to
the Court of Chancery. The Bill was read a first
time.

THE MAGISTRATE,

AND PAROCHIAL AND MUNICIPAL LAWYER.

Summary.

AGAIN attendance at the Assizes has made painfully manifest the vastly greater severity of the sentences at the Sessions, where Magistrates administer the law, than at the Assizes, where it is dispensed by the Judges. It will be remembered that some time since we procured an order of the House of Commons for a return of the average amount of transportation and imprisonment inflicted at Quarter Sessions and at the Assizes, and the result proved, as we had anticipated, that although the greater crimes were tried at the latter, and the lesser at the former, the average amount of punishment by the Sessions exceeded that by the Assizes. It has been shewn most glaringly during the circuit just closed. Many a prisoner did we see sentenced to three months' imprisonment on whom the Sessions would have inflicted ten years' transportation. The conclusion we deduce from this is, either that the Sessions should be presided over by professional Judges, or that their power of punishment should be restricted to imprisonment.

A very novel and curious question in criminal practice was mooted in Ireland in Reg. v. Fogarty, 17 Law T. 10. The Judge requested counsel to undertake the defence of a prisoner, who was unable to pay for his defence. Thereupon a conference took place among the counsel present, and the senior member of the Bar stated their objection to act, uninstructed by an attorney, and requiring that the Court should formally assign counsel and attorney in such cases, and order the expenses to be paid by the Crown. Up to a very recent period it was the practice to do so. The Judge (PIGOTT, COUNTY COURTS FURTHER EXTENSION BILL. C.B.) considered that the expenses ought to be so Lord REDESDALE moved the adoption of the repaid, but that a Judge might, with propriety, call port on the County Courts Further Extension Bill.Lord ABINGER suggested that a provision should be on a barrister to give his honorary services to a added to the Bill, by which the County Court judges prisoner who was unable to employ one; but he should have power to call in an assessor to sit with thought the case different with respect to an atthem in hearing cases of arbitration and cases of torney. We cordially concur in this view of the legacies and executors' accounts.-Lord BROUGHAM Chief Baron; and such is the practice in England. was exceedingly indebted for the suggestion, be- We hold that a barrister is bound to act, when called cause it was quite true there were a great number of upon by the Court, without a fee, because his fee persons complaining that the County Court juris- is purely an honorarium; so much so, indeed, that diction was not extended to certain cases of equity, he cannot recover it by action: there is no con. in which the amount of property was so small that tract; etiquette forbids him to take less than a cerno man would dream of going to the Court of tain sum; but it is a question whether he can Chancery. He had, however, thought it best not to

powered, at their discretion, to assign counsel and attorney to prisoners, and order the costs to be paid as are those of prosecutions; but, until that be done, we trust that the members of the Bar will be as ready as ever they have been to give their assistance to those whose cases really need it, whenever the Court shall intimate an opinion that the case is one requiring to be protected.

incumber the present Bill with that subject at all, refuse to act, if no fee be paid. It would certainly
but on Monday or Tuesday next he should be pre-be very proper that Criminal Courts should be em-
pared to present a second and separate measure,
having a sanguine hope that the difficulties in the
establishment of such equity judicatures might be
overcome, and a grevious denial of justice in many
cases be prevented. The report was then received.
TUESDAY, April 8.-Lord BROUGHAM moved
that the House do go into committee on this Bill.-
The LORD CHANCELLOR said that he objected to
certain of the clauses, especially to those relating to
What are the limits of "a town," and in what
Arbitration and the proposed Court of Reconcile-
ment.-Lord BROUGHAM explained.-The LORD manner that term is employed in a local turnpike
CHANCELLOR objected also to the proposed equity Act, was considered in Reg. v. Cottle, 17 Law T.
jurisdiction. He thought this ought to form the 15. A turnpike Act prohibited the erection of a
subject of a distinct measure.-Lord BROUGHAM toll-house within the town of Taunton. Subsequently
Isaid that it was no novelty. The clauses were copied to the erection of a certain toll-house there, the
verbatim from a Bill framed by the noble lord buildings had extended in that direction (towards
when Attorney-General (a laugh).-Lord CRAN- the railway station), so that they were all connected
WORTH, Lord BEAUMONT, and other peers sup- together by courtleges, forming a continuous street.
ported the clauses.-The LORD CHANCELLOR said The jury were held to have rightly found this to
that after such an expression of the opinions of their be within the town. It was then objected that the
lordships he should yield his own. The clauses were
then agreed to.-The clauses relating to professional
fees, and some others were also agreed to.-All the
clauses relating to Arbitration and Courts of Re-
concilement were struck out, as were also the clauses

word "towns," in the Act, applied only to the towns as they were at the time of the passing of the Act, and not to towns as altered by subsequent changes; in fact, that the Act was not prospective.

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