persons."

That seemingly obvious principle, dictated by common sense and natural justice, has nevertheless been systematically violated, entirely in one branch of our jurisprudence, and partially in another. In the Common Law courts, the parties to a suit are wholly excluded from being witnesses; in Criminal and Magistrates' courts, one party is heard, but not the other. In the Equity, Ecclesiastical, and County Courts there is no such restriction, and the examination of the parties is not only permitted, but is the main source upon which those tribunals rely for ascertaining the truth.

It was not very long ago that the restrictions of witnesses in the Common Law courts were ten times more numerous than now they are. Every person who had any interest in a suit, however trivial or remote, was inadmissible. When Lord DENMAN proposed to abolish these disabilities, he was met with precisely the same objections from precisely the same quarters as now assail Lord BROUGHAM'S Bill. But, happily for society, the Legislature took a more enlightened view of the question than did the lawyers, and the measure became law. It has been found in practice not to produce one of the evils predicted of it, while it has vastly facilitated that which is, or ought to be, the object of all evidence, the ascertainment of the

truth.

The LORD CHANCELLOR, whom we are as. tonished to find the opponent instead of the promoter of almost all improvements, has entered the lists against Lord BROUGHAM'S Bill, and his objections embody all the fallacies and prejudices that are usually arrayed on behalf of restricted testimony. Let us give to these a candid consideration.

The natural method of learning the facts of any occurrence which every person would adopt in his own household would be, of course, to examine the principals as well as the spectators. No man would ever dream of settling a dispute among his children or servants, without making inquiry of the facts from the disputants themselves.

It is for the advocates of restriction to shew why

that course, which their own common sense would

teach them to pursue in their own case, should not be pursued by legal tribunals for the attainment of the same object-that of learning the very truth. Yet the fact is, that many lawyers, if not a majority of them, are hostile to the abolition of disabilities. The reason of this is twofold. In the first place, the influence of mere habit over the opinions is enormous. Bred to a system, never

In

of a successor to the Vice-Chancellor secondly ap. pointed under the authority of the said Act: And whereas the Right Honourable Sir James Wigram, knight, was the Vice-Chancellor secondly appointed under the said Act: And whereas the said Sir James Wigram has, by reason of ill-health, resigned the office of Vice-Chancellor, to which he had been so appointed: And whereas the state of business in the Court of Chancery renders it expedient that a Vice-Chancellor should be appointed in the place of the said Sir James Wigram: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:an

statement. Inasmuch as no testimony is infallible,
the duty of weighing and testing its worth is re-
quired to be performed upon every item of evidence
adduced, and we defy the most ingenious philo-
sopher to lay his finger upon any one point of the
scale of credibility, and say, with any reason, that
there credibility ends and total exclusion is neces-
sary. For instance, a son has usually as great an
interest in the result of his father's suit as the
father himself, yet, such is the absurdity of the
present practice, the jury are deemed to be com-
petent to determine the credit that a son, so in-
fluenced, is entitled to, but not the weight due to
the evidence of the father. Again, to take a still
more striking instance of absurdity.
action for seduction, the daughter, who is the real
plaintiff, and the party having the deepest interest
in the verdict, is admitted as a witness, while the
father, who has but a secondary interest in it, is
excluded. The defendant is also excluded, so that
the tribunal, which professes to be governed in its
admissions and rejections of evidence by an ex-
treme sense for the truth and the right, actually
hears the interested party on one side only, and re-
fuses to hear the statement of the other party. And
this is the system of impartial justice which some
unreflecting persons are so desirous of maintaining!
The law as it was, which excluded all pecuniary
interests from the witness-box, was much more
rational than the present one, for at least an intel-
ligible line was drawn, and there was a reason,
although a narrow one, to support it. The error
consisting in the assumption that no other interest
but a pecuniary one could bias a witness. But
the law as it is draws no rational and intelligible
line. It permits the jury to form a judgment upon
the degrees of value to be attached to testimony
likely to be influenced by interest, but pronounces
the jury incompetent to the same task where the
interest is that of being a party to the suit, even
although it may, and often does, happen that the
interest of the witnesses admitted is vastly greater
than that of the parties excluded. Why a jury
should be competent to form a judgment of the
worth of testimony up to that point, and then be
suddenly pronounced incompetent, we must leave
to be shewn by the supporters of exclusion.

Here we must pause. The rest of the argument
must be deferred for another week.

This Act makes several amendments in the Passengers Act, empowering the commissioners to fix different lengths of voyage for steam and sailing vessels; and to substitute a different dietary. 4. Passenger ships putting into port damaged are not to proceed without a certificate of fitness. 5. Powers of governors of colonies and GovernorGeneral of India in Council, as to length of voyage

sent to the colony to which the ship is bound, and
received in evidence.

CAP. II.

It shall be lawful for her Majesty to appoint, by 1. Appointment of additional Vice-Chancellor.letters patent under the Great Seal of the United Kingdom, a fit person, being or having been a barrister-at-law of fifteen years' standing at the least, to be an additional judge assistant to the Lord Chancellor in the discharge of the judicial functions of his office, in the place of the said Sir James Wigram, and to be called Vice-Chancellor.

2. Rank, &c. of additional Vice-Chancellor.— The Vice-Chancellor to be appointed under this Act shall have all the same powers and privileges, and the same rank, and shall be subject to the same provisions, duties, and observances, as the said Sir James Wigram had or was subject to under the said Act of the fifth year of her present Majesty, Session One, Chapter the Fifth, excepting that he shall have rank and precedence next after the Vice-Chancellors that now are.

3. To have a secretary, usher, and trainbearer.He shall have a secretary, usher, and trainbearer, to be from time to time appointed and removed by him at officers appointed to attend the Lord Chancellor his pleasure; and the secretaries, registrars, and other shall attend such Vice-Chancellor when sitting for the Lord Chancellor, and also when sitting in his separate court, as circumstances shall require, and as the Lord Chancellor shall order or direct.

4. Salaries.-The salary of such Vice-Chancellor, and the salaries of his secretary, usher, and trainbearer, shall be of the same amounts, and paid out of the same funds, and in like manner as the salaries of the said. Sir James Wigram, his secretary, usher, and trainbearer, were and were directed to be paid under the said Act of the fifth year of her present Majesty, chapter the fifth.

5. Retiring pension.-It shall be lawful for her Majesty, by letters patent under the Great Seal of the United Kingdom, to grant to such Vice-Chancellor, on his resignation of or ceasing to execute his office, an annuity of the same amount, after the same period of service, under the same circumstances, subject to the same conditions, and payable out of the same fund as the annuity authorised to be granted to each of the Vice-Chancellors appointed under the said Act of the fifth year of her present Majesty, chapter the fifth.

6. Lord Chancellor may appoint persons to keep order in court.-It shall be lawful for the Lord Chancellor to appoint one or more person or persons, order in the court of the Vice-Chancellor to be removable at pleasure, for the purpose of keeping appointed under the authority of this Act; and the salaries of the persons appointed or to be appointed under this Act, or under any Act or Acts now in force, to keep order in the court of the Vice-Chancellor to be appointed under the authority of this Act, shall be of such amount, not exceeding the yearly sum of 801. as the Lord Chancellor may think reasonable, and such salaries shall be paid to each the salaries of such persons have heretofore been paid. funds, and at the same time, and in like manner as

7. Nothing to authorise the appointment of a successor.-Nothing herein contained shall authorise the appointment of a successor to the Vice-Chancellor appointed under the authority of this Act. CAP. V. An Act for the Regulation of her Majesty's Royal Marine Forces while on Shore.

having questioned it, we assume it to be right, and and dietary, are extended. 6. A bond to be given such person so to be appointed out of the same that which is really only assent is mistaken for con-7. A counterpart of which is to be certified and by masters of British and foreign passenger ships. viction. Secondly, from the very nature of our training it is extremely difficult for us to divest our minds of the notion that a suit is a conflict of skill, in which the victory is due to something besides right. We cannot readily realise to ourselves that while our business is to do the best we can, and make the best case, for one side only, the duty and object of the tribunal is to learn the very truth. The only question, therefore, properly to be considered is, what is the best method of ascertaining that truth? Let us see what reason teaches as to this? What does experience say? What are the objections to it and their worth?

An Act to authorise the Inclosure of certain Lands
in pursuance of the Sixth Annual Report of the
Inclosure Commissoners. (April 1, 1851.)

CAP. III.

An Act to apply the sum of Eight Million out of
the Consolidated Fund to the service of the year
1851.
(April 1, 1851.)

CAP. IV.

An Act to enable her Majesty to appoint a Vice-
Chancellor in the room of Sir James Wigram,
resigned.
(April 1, 1851.)

We give this statute entire.

This is the annual Act.

(April 11, 1851.)

CAP. VI. An Act for punishing Mutiny and Desertion, and for the better payment of the Army and their Quarters. (April 11, 1851.)

CAP. VII.

An Act to amend an Act of the Parliament of Ire-
land of the 25th year of King George the 3rd,
for explaining and amending several laws for the
encouragement of Agriculture, so far as relates
to leases for the erection of Mills.
(April 11, 1851.)
CAP. VIII.

Reason and common sense instantly dictate that the truth can be best learned by inquiry from all sources of information. To exclude any is to endanger the result. Degrees of reliableness (to coin Whereas by an Act passed in the fifth year of the a phrase) only go to credit and not to competency; reign of her present Majesty, session one, chapter the very purpose of a judge and jury is to weigh the fifth, her Majesty was by section nineteen emthese degrees of credit. A hearing should be re-powered to appoint by letters patent under the great fused only to those who know nothing at all about to the Lord Chancellor in the discharge of the seal two fit persons to be additional judges assistant the matter. Obviously all who know anything judicial functions of his office, each of such adabout it ought to be required to state what they ditional judges to be called Vice-Chancellor; and An Act to extend the Provisions of the Designs know, and then it is the business of the Court to by section twenty-one it was provided that nothing Act, 1850, and to give Protection from Piracy to determine the degree of credit to be given to the therein contained should authorise the appointment! Persons exhibiting new Inventions in the Exhibi

tion of the Works of Industry of all Nations in One thousand eight hundred and fifty-one.

(April 11, 1851.)

We give this statute entire. Whereas it is expedient that such protection as hereinafter mentioned should be afforded to persons desirous of exhibiting new inventions in the Exhibition of the works of industry of all nations in one thousand eight hundred and fifty-one: Be it therefore enacted by the Queen's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows :(a)

1. Proprietors of new inventions to be allowed to exhibit them without prejudice to letters patent to be thereafter granted. Invention to be provisionally registered, and not to be used before granting of the letters patent.-Any new invention for which letters patent might lawfully be granted may at any time during the year one thousand eight hundred and fifty-one, but not afterwards, be publicly exhibited in any place previously certified by the lords of the committee of Privy Council for trade and foreign plantations to be a place of exhibition within the meaning of the Designs Act, 1850, without prejudice to the validity of any letters patent, to be thereafter during the term of the provisional registration hereinafter mentioned, granted for such invention to the true and first inventor thereof: provided always, that such invention have previously to such public exhibition thereof been provisionally registered in manner hereinafter mentioned; and provided also, that the same be not otherwise publicly exhibited or used by or with the consent of the inventor prior to the granting of any such letters patent as aforesaid, except as hereinafter mentioned: provided also, that no sale or transfer, or contract for sale or transfer, of the right to or benefit of any invention so provisionally registered, or of the rights acquired under this Act, or to be acquired under any letters patent to be granted for such invention, shall be deemed a use of such invention; and the publication of any account or description of such invention in any catalogue, paper, newspaper, periodical, or otherwise shall not affect the validity of any letters patent to be during such term granted as aforesaid.

86

5. Description to be preserved, and invention to rities constituted by such statute must act in be marked with the words provisionally regis- future in subordination to the commissioners, tered."-The description in writing of any inven- and the rules made from time to time by the tion so provisionally registered shall be preserved in such manner and subject to such regulations as the latter would overrule any conflicting rules Attorney-General shall direct, and any invention so previously made by the former, nor can the provisionally registered, and exhibited at such place former make any binding rules for the future of public exhibition as aforesaid, shall have the words but under the sanction of the latter. The provisionally registered" marked thereon or at- commissioners, however, cannot put an end to, tached thereto, with the date of the said registra- set aside, or alter the relations inter se of the tion. 6. Provisional registration to confer same benefits local authorities, which may be guided and as under the Designs Act, 1850.-Such provisional controlled, but the management cannot be registration as aforesaid shall during the term thereof taken from them. Whatever merely confer on the inventor of such invention, with respect thereto, all the protection against piracy and other benefits which by the Designs Act, 1850, are conferred upon the proprietors of designs provisionally registered thereunder with respect to such designs; and so long as such provisional registration continues in force, the penalties and provisions of the Designs Act, 1842, for preventing the piracy of designs, shall extend to the acts, matters, and things next hereinafter mentioned, as fully and effectually as if those penalties and provisions had been reenacted in this Act, and expressly extended to such acts, matters, and things; that is to say, to the making, using, exercising, or vending the invention so provisionally registered, to the practising the An indictment for a nuisance by burning same or any part thereof, to the counterfeiting, imitating, or resembling the same, to the making addi- arsenic whereby noisome smells arose, was held tions thereto or subtraction from the same, without to be sustained by evidence that cattle and the consent in writing of the person by or on whose trees in the neighbourhood were poisoned behalf the said invention was so provisionally regis- thereby, although, in fact, there was no positered. tive smell. (Reg. v. Garland, 17 Law T. 39.).

7. Letters patent thereafter granted to be as valid as if inventions were not registered or exhibited. All letters patent to be during the term of any such provisional registration granted in respect of any invention so provisionally registered shall, notwithstanding the registration thereof, and notwithstanding the exhibition thereof in such place of public exhibition or otherwise as aforesaid, be of the same validity as if such invention had not been so registered or exhibited; and it shall be lawful for the Lord High Chancellor, if he think fit, on the grant of any letters patent to any inventor in respect implements, under the direction of the Commis- Act, to cause such letters patent to be sealed as of 2. Public trial of agricultural or horticultural of any invention provisionally registered under this sioners, not to prejudice letters patent. The public trial or exhibition of any such invention as aforesaid (being an invention for purposes of agriculture or horticulture), which shall be certified by the Lords of the said committee to have taken place under the -direction of the Commissioners for the Exhibition of 1851 for purposes connected with the exbibition thereof, in such place of public exhibition as aforesaid, whether such trial or exhibition take place before or after the passing of this Act, shall not prevent the provisional registration of such invention under this Act, nor prejudice or affect the validity of any letters patent to be granted for such invention during such

term as aforesaid.

the day of such provisional registration, and to bear
date the day of such provisional registration, the Act
of the eighteenth year of King Henry the Sixth or
any other Act notwithstanding.

regulates or controls the relief or management of the poor, or the government of the workhouse, or merely guides or controls the vestry and parish officers will be within the power of the commissioners; but any particulars which substantially alter the machinery provided by the local Act for its administration will be beyond it." Therefore an order directing a transfer of power to appoint certain officers from the vestry to another body, called the directors under the local Act, was held to be bad pro tanto.

I SHALL be greatly obliged if any of your numerous readers, who are concerned in turnpike trusts, will give me his view of the following facts.

A butcher, living at the village of S., kas once or twice a-week to make a circuit of several villages to convey meat to his customers. Somewhile after leaving home he passes through a toll-bar, and travels on the turnpike not 100 yards, when he has to take a branch-road to two or three villages. Hayvels a short way upon it, and therr turns off the turning passed through those villages he enters again upon the turnpike at some distance downwards, trapike to another village, and so onwards to his home. In this last instance he passes through no toll-bar. It is admitted that he is travelling upon the turnpike in a legitimate manner, and in the due exercise of his 8. Proprietors of new and original designs ex- business, and that there is no attempt to evade toll. hibited to be entitled to benefits of Designs Acts, A summons was issued against him for refusing although designs have been previously published to pay toll under sec. 139 of 3 Geo. 4, c. 126. Passelsewhere than in the United Kingdom, if not pre-ing through the toll-bar no toll was demanded, the viously publicly sold or used. Notwithstanding defendant being well known to the toll-gate keeper. anything contained in the Designs Act, 1850, and the Upon these facts can the subsequent distance tratwo Acts therein referred to, and called the Designs velled upon the turnpike (but when no toll-bar was Act, 1842, and the Designs Act, 1843, the protection passed) be added to the first-named distance of less intended to be by those Acts extended to the pro- than 100 yards (vide sec. 32 of the above Act) when prietors of new and original designs shall be extended a toll-bar was passed in order to make the aggre3. Certificate of invention to be granted for pro- to "the proprietors of all new and original designs gate distance travelled 100 yards? Or ought not visional registration.-Her Majesty's Attorney-Ge- which shall be provisionally registered and exhibited the distance under these facts to be 100 consecutive neral, or such person or persons as he may from in such place of public exhibition as aforesaid, not-yards, and near to a toll-bar? And if it was merely time to time appoint to issue certificates under this withstanding that such designs may have been pre-a crossing of the turnpike in the first instance, Act, on being furnished with a description in writ-viously published or applied elsewhere than in the would that alter the case? Should not the toll, to ing, signed by or on behalf of the person claiming to United Kingdom of Great Britain and Ireland; pro- be payable, have been demanded? And as it was be the true and first inventor within this realm of vided that such design or any article to which the not demanded, and even if it had been so, at the any new invention intended to be exhibited in such crossing, or after 100 yards travelled on the road, is place of public exhibition as aforesaid, and on being not the remedy, if any, by action? I have already satisfied that such invention is proper to be so exhibited, and that the description in writing so furought to be consecutive, but to make assurance had the opinion of a barrister, that the 100 yards nished describes the nature of the said invention so doubly sure I am desirous of having the opinion of intended to be exhibited, and in what manner the some of your readers, as the question seems to resame is to be performed, shall give a certificate solve itself very much into a point of practice. in writing, under the hand or hands of such AtSupposing my client had been a stranger, on passing torney-General or the person or persons appointed through the toll-bar, where he merely crossed the as aforesaid, for the provisional registration of such turnpike, and no toll was demanded, because not then payable, and during the after-part of the day,- in driving for pleasure, he had happened to get upon the turnpike again-surely he would not, by travel--ling 100 yards upon it (miles from the place where he crossed), be thus held liable to toll?

invention.

same has been applied have not been publicly sold or
exposed for sale previously to such exhibition thereof
as aforesaid.

9. The Designs Act, 1850, and this Act to be con-
strued as one Act.-All the provisions of the De-
signs Act, 1850, and the provisions incorporated
therewith, relating or applicable to the designs to be
provisionally registered thereunder, or to the pro-
prietors of such designs, except the provision for
extending the term of any such provisional registra-
tion, shall, so far as the same are not repugnant to
or inconsistent with the provisions of this Act, apply
to the inventions to be provisionally registered under
this Act, and to the inventors thereof; and the said
Designs Act and this Act shall be construed together
as one Act.

10. Short title.-This Act may be cited as The Protection of Inventions Act, 1851.

THE MAGISTRATE,

AND PAROCHIAL AND MUNICIPAL LAWYER.
Summary.

A CONSTANT Reader. Bradford, 29th January, 1851.

4. Certificate of invention to be registered.-The registrar of designs acting under the Designs Act, 1850, upon receiving such certificate, and being furnished with the name and place of address of the person by or on whose behalf the registration is desired, shall register suck certificate, name, and place of address, and the invention to which any certificate so registered relates shall be deemed to be provisionally registered, and the registration thereof A HIGH SHERIFF IN DIFFICULTIES.-Some shall continue in force for the term of one year days since Calcraft, the hangman, received an intifrom the time of the same being so registered, and mation from the gaol authorities that his services the registrar shall certify, under his hand and seal, would be required on Wednesday morning next, at that such invention has been provisionally registered, Ipswich, for the purpose of carrying into execution and the date of such registration, and the name and THE powers of the Poor Law Commissioners the last sentence of the law upon Maria Clarke, but place of address of the person by or on whose behalf were brought under the consideration of the on Tuesday morning last a note was received from the registration was effected: Provided always, that Court in Reg. v. The Poor Law Board, 17 that functionary, stating that his professional engageif any invention so provisionally registered be not ments elsewhere would prevent his presence at Ipsactually exhibited in such place of public exhibition Law T. 38. The extent of their authority was wich on Wednesday, as required. Immediately after as aforesaid, or if the same invention be in use by questioned: how far their orders were to the receipt of Calcraft's note, a messenger was others at the time of the said registration, or if the supersede those of governors of the poor under despatched from Ipswich to London, for the purpose person by or on whose behalf the said registration a local Act. The Court thus laid it down:- of having a personal interview with Calcraft, who has been effected be not the first and true inventor thereof, such registration shall be absolutely void. The commissioners have a jurisdiction which was informed by the messenger that his presence was necessary at Ipswich on Wednesday next, for attaches everywhere, and is not ousted by the the purpose already stated, when he replied that he operation of any local statute. The autho- was already engaged to proceed to Taunton for a

(a) This Act is entirely for the protection of exhibitors of

new inventions at the Great Exhibition.

like purpose on Wednesday, the day appointed for
the execution at Ipswich. Finding that it was im-
possible for Calcraft to come down to Ipswich, he
was asked if he could find a substitute. He replied
he could not. This announcement has caused no
pleasurable feelings to those whe are bound to see
that the execution takes place at the hour appointed.
Unless the day named for the execution be altered,
or a substitute found in the place of Calcraft, the
High Sheriff, whose present position no one, we
think, can envy, will have, in accordance with the
present state of the law, to perform a duty repugnant
to the feelings of thousands of her Majesty's sub-
jects. We believe that an application was made on
Tuesday last at the Home-office for the day named

for the execution of Maria Clarke to be altered; but
we understand that the application was not enter-
tained.-Standard.
SALARIES TO CORONERS.-By a Bill in the House
of Commons, which is to be read a second time after
the recess, it is proposed to pay coroners by salaries
to be fixed by quarter sessions or town-councils, in-
stead of the present mode of 11. 6s. 8d. for every
inquest; such salaries to commence from Michaelmas
next.

COUNTY CORONERSHIP.-A smart contest has just taken place for the coronership of one of the divisions of Warwickshire. At the outset there were three candidates; but some time prior to the election

one of them, Mr. Field, of Leamington, retired; thereafter the struggle was between Mr. G. S. Poole, of Kenilworth, and Mr. Smith, of Warwick, partner of the late coroner. At the close of the poll, Mr. Poole was the victor; the numbers being for Poole, 1,108; for Smith, 817.

JOINT-STOCK COMPANIES' LAW

JOURNAL.

provisional committee-men for any signatures for
subscriptions contained in it.

REAL PROPERTY LAWYER
AND CONVEYANCER.

It is understood that an early day is to be fixed for the delivery of Master Blunt's decision, now upwards of two months maturing, in the matter of A CURIOUS and interesting point under the the Madrid and Valencia Railway. The London Wills Act (1 Vict. c. 26) was raised in Maland South-Western Railway have made a return to colmson v. Malcolmson, 17 Law T. 44. A. the interrogatories of the official manager relative to devised freehold premises to B. "to be kept in Mr. Chadwick's property in their company, and it trust for C. that is, B. is to let the premises is stated that, as the information furnished in the and give the rent to my son C. for his supreplies are not satisfactory, a suit in equity will be port." Did this pass the fee? Sec. 30 of the commenced against the South-Western on the Wills Act gives the same estate to the cestui subject.

On Thursday, the first appeal upon the question que trust as the trustee takes. What estate, of calls, as yet an undetermined one, was to have then, did B. take-the fee or only a life estate? come on before Vice-Chancellor Bruce, in the case The Court held, that the fee passed under of the Rugby, Warwick, and Worcester Railway, these general words, and that the Wills Act where one of 4s. has been made; but in spite of the had put real and personal estate on a parity in desire that exists to obtain some standard decision this respect. We are obliged to two or three on the subject, the hearing of the matter was post- correspondents for directing our attention to an error into which we had fallen in commentponed until the first day of the next seal. ing upon the case of The Attorney-General v. Napier, 17 Law T. 28. Misled by the heading of the report, we stated the point decided to be, that the property of an officer in the EastIndia Company's service dying in India was liable to legacy duty, because he was domiciled in England. It should have been, that such was the case with an officer in her Majesty's to make this alteration with their pens. service dying in India. We ask our readers

It is understood that Mr. Dobie, the legal representative of the North British Insurance Company, intends to bring an action against the official manager of the Royal Bank of Australia, with the view of establishing their claim of some 40,000l. which was lately disallowed by his Honour Master

Richards.

REGISTRATION OF DEEDS.

TO THE EDITOR OF THE LAW TIMES.

INSURANCE COMPANY.-On Wednesday there was THE GENERAL COMMISSION SHIP LOAN AND a meeting before Master Sir William Horne, to consider claims brought in against the company. Messrs. Maples and Co. attended on behalf of the official manager, Mr. Hutton, and exhibited a list of the claimants whose demands-amounting to beSIR, As we have not had an opportunity of tween 1,000l. and 2,0001.-were uncontested. These expressing our sentiments upon this subject in the In the case of Lawrence v. The Great Northern the Master at once admitted as debts against the shape of a memorial, permit me to do so by letter, estate. Some few items were contested, but they as "One, &c." opposed to the registration of deeds, Railway Company, 17 Law T. 39, the important were trifling in amount, and in one case a compro-and who has not yet heard any one speak in favour of point was decided, that although their Act of mise was effected by a claimant consenting to take it, We have seemed hitherto to do very well without Parliament may give permission to a company 501. in lieu of 761. the original demand.-Morning ti,nor have I heard of any circumstances having to construct their works in a particular man- Chronicle. occurred to call it into requisition; we have conner, still, if unforeseen damage arises to any EASTERN COUNTies and SoutheND JUNCTION. sidered that the possession of well-drawn deeds in -On Thursday a meeting was held before his Honour the hands of a mortgagee was a good feature on the person by reason of such construction, they Sir William Horne, for the further settlement of the security, and the absence of such deeds warned a are liable in damages, and their Act will not list of contributories. The case of Mr. J. Mainwar- second mortgagee, and kept their own registry unprotect them. In the case of R. v. Pease, 4 ing occupied the sitting, and he was sought to be divulged, until due inquiry made. If registration B. & Ad. 30, a company was held not to be placed on the list as having been one of the members becomes law (which I hope it will not), this little liable for injury sustained by reason of horses of the provisional committee who agreed to take planet, so far as our laws extend, may be said to be taking fright at some works authorised by their 100 shares. M. Causton, the secretary of the com- hanging by a registration thread, subject to public pany, was examined at considerable length by Mr. gaze, conflagration, and too weak to hold long: title Act to be constructed near a highway. But the Williams, and the case was adjourned for further defeated by imperfect registration; deeds of no Court draws a distinction between that case and proof. The witness, in the course of his examina- value without it, and which might possibly be the present one, that, there, the very proximity tion, admitted that he was one of the original pro- omitted, either from negligence, ignorance, or by itself was expressly sanctioned by the Act; moters; that though his signature appeared in the stratagem, with the view of fraudulently defeating a here, the company might, by proper caution in know in what character or under what circumstances would be let in, and get priority without the title subscription contract deed for 1,2507. he did not mortgage or purchase, whereby a second mortgagee constructing their works, have avoided the he signed it. Mr. H. Harris, who appeared for one deeds: and so anxious are mortgagors in general for injury complained of. of the provisional committee, said that these sub-secrecy, that a local registry would prevent many scription contracts were usually "got up" at the mortgages being effected, and would certainly add to period to delude the public and the House of Com-the cost. I have, therefore, been unable, in my humble comprehension, to discover the wisdom of this Bill. Yours, &c. R. BROWNLOW. Bolton-le-Moors, April 22, 1851.

E. W. C.

PROCEEDINGS IN WINDING UP DURING
THE WEEK.

(From our own Reporter.)
AFTER a holiday, the proceedings in winding up
were resumed on Wednesday.

mons.-Times.

DIRECT EXETER, PLYMOUTH, AND DEVONPORT RAILWAY.-On Thursday, at a meeting of this company, further proceedings were adjourned, after some discussion, until the result of the appeal now before the Lord Chancellor is known. It is understood that an application is likely to be made to the Court to rescind the order for winding up this company.—Daily News.

PETITIONS, ORDERS, MEETINGS, AP-
POINTMENTS, CALLS, &c.
[Announced, issued, and made during the past week.]
This day.-Wheal Concord, at one. Horne.

Cheltenham, Oxford, and Brighton

REGISTRATION OF DEEDS.

TO THE EDITOR OF THE LAW TIMES.

SIR,-I quite agree with you as to the propriety of local registration, but I quite disagree with you as to registrars of births being made registrars of deeds. Probably you are not aware that out of twenty registrars of births in the provinces, about nineteen are illiterate men. A short time since, I called at the registrar's to register the birth of my child, and in Railway,order to put half-a-crown in the registrar's pocket, I asked for a certificate. After a variety of nervous movements, the old gentleman produced a blank form of certificate, and said to me, “I am a very up, and I will sign my name?" I filled it up, and the poor hand at writing, sir, would you mind filling it registrar, after numerous extraneous twistings, managed to scratch his name: he would not make a

list, at eleven. Humphry.
Banwen Iron Company, at three. Kindersley.
Monday.-Bridgewater and Murehead Railway, examina-
tion of witnesses, eleven to four. Kindersley.
General Commission, &c. at one. Horne.

Sligo and Shannon Railway, list, at eleven,

A new point of law in connection with the liability of contributors appears likely to arise out of a state of things developed in the progress of the Eastern Counties and Southend Junction Railway. On Thursday Mr. Causton, who acted as secretary to the company, admitted, in reply to Mr. Williams, who appeared as counsel for one of the provisional committee, that although he neither applied for shares nor had them allotted, he nevertheless, in conjunction with others, signed the "subscription contract," for 1,2507.; and the question arising is, whether the witness, and those who so signed with him, even though they took no shares, are legally liable for the amount of subscription signed for, towards paying off the liabilities. It was stated that these subscription contracts were commonly "got up" at the period, to delude Parliament and the public, and any legal consequences likely to arise from this misconduct were attempted to be argued away by the assertion that the deed, under the operation of winding up, was waste paper and a perfectly dead letter. Sir William Horne intimated his opinion that, irrespective of the influence the document might have had in deluding Parliament and the public originally, it was now a liability both in law and equity. A complaint was made against the official manager, to the effect that there had been a refusal to produce this Saturday.—Independent Insurance, at one.

document, and the reply was, that it had been withheld in consequence of its having been considered

as a "valueless document, as he, the official

manager, did not seek to charge the individuals as

Farrer.

Dover and Deal Railway, at one. Brougham.
Vale of Neath, at two. Brougham.
Tuesday.-Staffordshire and Shropshire, at three (Archi-
bald's case). Richards.
Wednesday.-Hemp and Flax, at twelve. Horne.
Thursday.-Universal Gas; list, at twelve. Rose.

Northern and Southern Railway, at twelve.
Humphry.
Friday.-Great North of England Railway, at twelve.

Blunt.

Port of London, at half-past twelve. Tinney.
Hull Glass, at twelve. Farrer.
Galway and Ennis, at eleven. Blunt.
Barbadoes Railway; charge against directors,
at twelve. Blunt.

Blunt.

good registrar of deeds.

Beside, most of the registrars of births keep shops, and it would not be particularly pleasant for a professional man to have to find his way through cheeses, candles, and treacle, to the Registry Office at the back of the shop, saying nothing of the registrar's importunities to purchase scented soap, pickles, &c.

County Court offices are almost as numerous as Registry of Births offices,-and I have no hesitation in saying, that County Court offices would be the most suitable offices for the Registration of Deeds. I am, Sir, yours, &c. A COUNTRY SOLICITOR.

April 22, 1851.

Queries on Points of Practice.

STAMPS ON CONDITIONAL SURRENDERS
IN PURSUANCE OF A COVENANT IN A
FREEHOLD MORTGAGE DEED.

to pay his debts was held to be a contracting of a
debt without probable expectation of paying the
same, and the insolvent was remanded for sixteen
months.

WE understand that Mr. Robert Stephenson,

which in the Court of Chancery are now attended with no inconsiderable expense, such as a claim by a creditor upon the estate of the deceased's personal assets, by a pecuniary or residuary legatee, by an administrator seeking to have the estate administered, or for the administration of a partnership estate, or for HAVE not your correspondents," J. W. K." and Dr. L. Playfair, Mr. Webster, and Mr. P. Le Neave the appointment of a trustee. There can be no doubt "W. and L." overlooked the still unrepealed pro- Foster have been appointed by the Attorney-General, but it such matters were allowed to be heard in a vision in the old Stamp Act, that where any copy-under the provisions of the Protection of Inventions short time, and at a small expense, by competent hold lands shall be mortgaged or charged together Act, the commissioners for deciding upon according the Court of Chancery, and that suitors in equity judges, that great assistance would be rendered to with some other property for the same sum of money, certificates of registration to exhibitors desirous of the ad valorem duty shall be charged on the deed or availing themselves of the benefit which this act instrument relating to the other property? Nega- confers. The selection of such a body of gentletiving, as this so decidedly does, the payment of any men is calculated to afford the most complete satisad valorem duty upon the surrender, can there be faction to exhibitors of unpatented inventions. any doubt that the 20s. stamp is correct as upon a surrender not otherwise charged? If the uniform use of the 20s. stamp is incorrect now, does it not follow that it has ever been so? Eye, April 22, 1831.

J. B. COLMAN.

THE MERCANTILE LAWYER. THE law will not sanction fraudulent preferences among creditors; especially do the Courts set their faces against the practice of procuring the assent of an obstinate creditor to a composition by a private arrangement for payment to him of a larger sum than was to be paid to the rest of the creditors. Such was the attempt in Malalieu v. Hogdson, 17 Law T. 37. The composition was pleaded in answer to an action for the debt, and it was replied that the release was obtained by the fraud above described. But it appeared that the plaintiff had been himself a party to the same fraud, and the question was, whether the defendant could set up a counter-fraud between himself and the plaintiff, by which they deceived other persons, as an answer to the charge of fraud practised by the defendants on the plaintiff, or rather as an estoppel on him from setting up that fraudulent representation, which would have the effect of depriving him of part of his original right. The Court differed in opinion upon the question, but the majority held that the defendant might do

verdict.

So,

and was entitled to the

In Lucas v. Beale, 17 Law T. 40, an agreement made by B. with the manager of a theatre," in the name of the gentlemen of the orchestra," was held to be a joint contract, upon which B. could not sue alone.

The liability of a husband was again questioned in Ambrose v. Kerrison, 17 Law T. 41. The husband and wife had been separated for some years previously to the death of the latter; a third person paid for her funeral, and sought to recover from the husband. He was held to be entitled to recover, even although it appeared that he might have communicated with the husband before incurring the charge, but did not.

Bottomry is a pledge of the ship as a security for the repayment of money advanced to an owner for the purpose of enabling him to carry on the voyage. This contract is usually expressed in the form of a bond, called the Bottomry Bond, that if the ship be lost on the voyage the lender loses the whole of his money; but if the ship and tackle reach the destined port, they are to become liable for the money lent and the stipulated premium or interest. The case of The Catharina, 17 Law T. 43, was a question as to the extent of this liability of the ship. She put into a foreign port, and was there sold by authority of the master. The purchaser had no notice of the bond. It was held that the bond attached to the ship, and her value being insufficient to meet it, a sale was decreed.

COUNTY COURTS.

Summary

THE Court of Ex. has reversed the de-
cision of WILLIAMS, J. in Chambers, as
to the meaning of the word "
may" in the
13th section of the County Courts Extension
Act, which provides that if an action be
brought in the Superior Court for a sum
within the jurisdiction of the County Court,
and the plaintiff make it appear to the Court,
or to a Judge in chambers, that the action was
brought for a case in which there is concurrent
jurisdiction with the Superior Court, or for
which no plaint could have been entered in the
County Court, or that the cause was removed
by certiorari, then the Court or Judge may
order plaintiff to have his costs. The Ex.
has decided that the word may is not to be
read as must, but implies a discretion in the
judge, "so that his judgment might be exer-
cised upon it, as to whether the party should
recover costs or not according to the circum-
stances of the case, as he thinks right;" and
PARKE, B. said, "of late years the Court
acts according to the rule generally adopted
in the construction of a statute, to adhere to
the usual and ordinary meaning of the words
used, unless that is at variance with the in-
tention of the Legislature to be collected from
the statute itself. The word 'may,' as used
in the 13th section of the Act which has been
referred to, is clearly permissive. It is to be
read in its ordinary sense."

proceedings would be benefited.—Times.

THE LAWYER.

Summary.

IT will be observed that in Anderton v. Yates, 17 Law T. 37, the Court gave the preference to the indorsement on the counsel's briefs, both sides agreeing, over the minute in the registrar's book, and in the same case it did not hold itself to be bound to reject an affidavit filed after the time appointed, although, as a general rule, it would do so.

In Lucas v. Beale, 17 Law T. 40, the Court refused a new trial asked on the ground that the judge had expressed a strong opinion that the plaintiff ought to be nonsuited, because he had declined to amend.

In Reg. v. Isaacs, 17 Law T. 43, it was ruled that a motion for a habeas corpus should be made to a judge at chambers, and not to the Court.

And in Grove v. Young, 17 Law T. 37, which was a question as to the validity of a will, the heir-at-law was permitted to elect whether it should be tried by an action of ejectment or by an issue devisavit vel non.

LEGAL INTELLIGENCE.

THE LATE MR. SERJEANT LUDLOW. In his charge on 31st March, at the Spring Assizes for the county of Gloucester, Mr. Justice TALFOURD thus alluded to his deceased friend :sive of the gratitude and pleasure I feel in meeting "I should only venture to add one word expresfor the first time in my judicial office, the magistrates of this great county, in which a considerable portion of my professional life was spent, and in which I received through its course that encouraging attention and kindness which have essentially aided

of addressing you from this place; if that pleasure were not mingled with sadness by the recollection of the recent death of an old comrade, a frequent opponent, a constant friend-one well known to many of you-one whose memory will long be cherished in this county-the late Mr. Serjeant Ludlow.

IMPORTANT TO VALUERS AND RAILWAY COM-me in obtaining, by the blessing of God, the honour PANIES.-PARKINSON v. LORD GALWAY.-At the Redford County Court a cause was tried before Rd. Wildman, esq. judge, in which Mr. John Parkinson, valuer, Ley-fields, was plaintiff, and Lord Viscount Galway, M.P. was defendant. It appeared the Great Northern Railway Company, had employed that his lordship, being the owner of some land taken by "Everything around us,-the Courts which have Mr. Parkinson as his valuer; Mr. G. D. Simpson, been often hushed to stillness by his lucid eloquence, of Loversall, was valuer for the company; and Mr. and 'set in a roar' by the flashes of his wit-the rustic Christopher Paver, of Peckfield, was called in as population, whose manners he understood so well; umpire. After the amount of purchase-money had whose feelings he so vividly interpreted, and in whose been agreed upon, Mr. Parkinson sent his account welfare he took so strong an interest-and the to Lord Galway, charging a commission of 24 per gentry among whom he was proud to point out cent. upon the compensation awarded. His lordship the possessors of wealth and influence, wisely and forwarded the account to the railway company, who kindly used, as examples to other countries-all refused to pay it, on the ground that the charge was suggest the thought that rare accomplishments and exorbitant; and Lord Galway being also of the same generous affections have lately been veiled from this opinion refused to pay; upon which Mr. Parkinson world. When, thirty years ago, I joined this circuit, brought an action against him, and the sum con- I found him rising to that position which made him sidered reasonable was paid into court. Mr. Bur- for many years the favourite representative of the naby, of the firm of Tallents, Burnaby, and Griffin, feelings, the interests, and the hopes which were insolicitors, Newark, appeared for the plaintiff, and volved in the legal controversies of these CourtsMr. W. E. Smith, of Doncaster, for the defendant. and remember, as if it were yesterday, how at once Most of the leading valuers in Yorkshire and Not-I was struck by his great and unaffected knowledge tinghamshire attended the inquiry, and, after a long-by his homely but idiomatic and pure Saxon style discussion on both sides, judgment was given in by his original humour, often most happily exerted favour of the defendant-thus establishing the prin--by his graphic skill in depicting country scenes, ciple that a valuer is not entitled to charge a per incidents, and manners, and the spirit of enjoyment with which he used it--and by his remarkable power centage.-Doncaster Gazette. COUNTY COURTS EQUITABLE JURISDICTION. of investing common things with grace, by the There are several forms in the County Courts Equi- lightest touches, and of shading by nice gradation the table Jurisdiction Bill in the House of Lords, which adverse circumstances of a case until they harmonized Bill was noticed in the Times of Monday, by which with the picture he felt at the moment to be just, it is proposed to effect some Chancery reforms in and desired to present to the minds he was addresssmall estates, and rescue that Court from the ex-ing; but it was not till I was brought into conflict pense and delay of its proceedings. The only ques- with him that I fully appreciated powers, which, if tion seems to be whether the County Courts, with they had been earlier transferred from the locality to the accumulated business, can attend to such matters. which he was strongly attached, to the great arena It is proposed to give a like jurisdiction to the Court of forensic ambition, must have raised him to of Bankruptcy in London, and there is no reason the highest eminence in the Profession which be why the Insolvent Debtors Court should not be adorned. similarly used in assisting the Court of Chancery. "I may be forgiven for speaking thus of him in In the schedules annexed to the Bill there are this place: because the love of this county was one In Re Allen, 17 Law T. 44, accepting an accom-various forms in respect of claims, which it is pro- of his ruling affections; he gladly expatiated on its modation bill at a time when an acceptor is unable posed may be entered, of an equitable character, and vestiges of old times and grew proud in its present

A point of considerable importance to the Mer cantile Community is reported from the Court of Bankruptcy, in Dublin. In Re James Hurley, 17 Law T. 44, it was decided that a bankrupt about to abscond, or to remove, or conceal his property, may be arrested under section 94 of the Bankruptcy Consolidation Act (English), even although there has been an adjudication. Hitherto, it has been the practice to summon such bankrupt in the first instance, and thus to give him an opportunity for absconding, or making away with the property.

Mr. John Cowan has been appointed her Majesty's PROMOTIONS, APPOINTMENTS, Solicitor-General for Scotland, in the room of Mr. Moncrieff, promoted to the office of Lord Advocate.

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

At the Court at Buckingham Palace, the 14th day of April, 1151; present, the Queen's Most Excellent Majesty in Council:-This day the Right Hon. Sir John Romilly, knt. Master of the Rolls, and the Right Hon. Sir George James Turner, knt. a ViceChancellor, were, by her Majesty's command, sworn of her Majesty's Most Honourable Privy Council,The following gentlemen have just been placed in and took their respective places at the Board accord- the commission of the peace for the ancient city and ingly. The Queen has been pleased to grant the place of borough of Wells, by the Lord Chancellor :-The one of the Lords of Session in Scotland to Andrew Mayor of Wells, E. N. Wells, esq.; John Belfour Rutherford, esq. her Majesty's Advocate for Scot-John Fry, esq. Alderman. Plowman, esq. Alderman; Joseph Parsons, esq.; land, in the room of Sir James Wellwood Moncrieff, bart. deceased.