LAWES, WILLIAM, Moulton. wheelwright. Ct. Peterborough. Meeting, Dec. 20, at 11.30, at Law Courts, Peterborough. Exam. Dec. 20, at noon, at Law Courts, Peterborough. KNI HT, JOHN. Nuneaton, upholsterer. Ct. Coventry. Meeting, Dec. 10, at 11.30, at POOLE, ARTHUR, Birmingham, late butcher. Ct. Birmingham. Meeting, Dec. 11, at 11. at 23, Colmore-row, Birmingham. Exam. Jan. 17, at 2, at County Court, Birmingham. PEARSON, JAMES, Bradford, Yorks, fruit salesman. Ct. Bradford. Meeting, Dec. 11, at 11. at office of Off. Rec. Bradford. Exam. Dec. 20, at 10, at County Court, Bradford. PENDLETON, JOSHUA, Walton, slater. Ct. Liverpool. Meeting, Dec. 11, at noon, at office of Off. Rec. Liverpool. Exam. Dec. 12, at 11, at Court-house, Liverpool. PITMAN, ALFRED VINCENT, Balham, printer. Ct. Wandsworth. Meeting, Dec. 12. at 11.30, at 24, Railway-approach, London Bridge. Exam. Dec. 19, at noon, at Court-house, Wandsworth. PICKERING, ISAAC, Dalton-in-Furness, bootmaker. Ct. Ulverston and Barrow-inFurness. Meeting, Dec. 10, at 11.30, at 16, Cornwallis-st, Barrow-in-Furness. Exam. Dec. 10, at 2.30, at Court-house, Ulverston. RADCLIFFE, CHRISTOPHER, Grange-over-Sands, late hotel manager. Ct. Ulverston and Barrow-in-Furness. Meeting, Dec. 10, at 11, at 16, Cornwallis-st, Barrow-inFurness. Exam. Dec. 10, at 2.80, at Court-house, Ulverston. REES, JOHN, Maesteg, grocer. Ct. Cardiff. Meeting, Dec. 16, at 11, at office of Off. Rec. Cardiff. Exanı. Dec. 20, at 10, at Townhall, Cardiff. RALPHS, JOHN, Westhoughton, provision dealer. Ct. Bolton. Meeting, Dec. 13, at 11, at 16, Wood-st, Bolton. Exam. Dec. 16, at 11, at Court-house, Bolton. SHARPLES, HARRY, Blackburn, yarn agent. Ct. Blackburn. Meeting, Dec. 11, at 2.30, at County Court-house, Blackburn. Exam. Dec. 11, at 11, at County Court-house, Blackburn. SUMNER, JOHN, Digby, engine_driver. Ct. Boston. Meeting, Dec. 19, at noon, at office of Off. Rec. Boston. Exam. Dec. 19, at 1.30, at Sessions-house, Boston. STUBBS, GEORGE WILLIAM, Putney, builder. Ct. Wandsworth. Meeting, Dec. 11, at 11.80, at 24. Rallway-approach, London Bridge. Exam. Dec. 12, at noon, at Court-house, Wandsworth. THOMPSON, GEORGE, Skellingthorpe, cottager. Ct. Lincoln. Meeting, Dec. 17, at 12.80, at office of Off. Rec. Lincoln. Exam. Dec. 17, at 3, at Sessions-house, Lincoln. THOMPSON, WILLIAM, Gainsborough, licensed victualler. Ct. Lincoln. Meeting, Dec. 17, at noon, at office of Off. Rec. Lincoln. Exam. Dec. 17, at 3, at Sessionshouse, Lincoln. UTTLEY, GEORGE, Leeds, retired civil engineer. Ct. Leeds. Meeting, Dec. 11, at 11, at office of Off. Rec. Leeds. Exam. Dec. 11, at 11, at County Court-house, Leeds. VINE, WILLIAM, Eastbourne, bootmaker. Ct. Eastbourne and Lewes. Meeting, Dec. 19, at 2, at offices of Coles and Sons, Eastbourne. Exam. Dec. 19, at 11, at Townhall, Eastbourne. WELLS, TOM, St. Leonards-on-Sea, retired licensed victualler. Ct. Hastings. Meeting, Dec. 16, at noon, at offices of Young and Son, Hastings. Exam. Dec. 17, at 1.15, at Townhall, Hastings. WILLIAMS, WILLIAM, Crewe, grocer. Ct. Nantwich and Crewe. Meeting. Dec. 20, at 10.45, at Royal hotel, Crewe. Exam. Dec. 20, at 11.30, at Court-room, Crewe. WOOD, CHARLES WILLIAM, Middlewich, licensed victualler. Ct. Nantwich and Crewe. Meeting, Dec. 20, at 11.15, at Royal hotel, Crewe. Exam. Dec. 20, at 11.30, at Court-room, Crewe. WATKINS, JAMES, Birmingham, accountant clerk. Ct. Birmingham. Meeting, Dec. 11, at noon, at 23, Colmore-row, Birmingham. Exam. Jan. 15, at 2, at Connty Court, Birmingham. WHALLEY, RICHARD, Blackburn, cycle factor. Ct. Blackburn. Meeting, Dec. 11, at 3, at County Court-house, Blackburn. Exam. Dec. 11, at 11, at County Courthouse, Blackburn. WHITEHEAD, GEORGE, Mintern-st, Hoxton, cabinetmaker. Ct. High Court. Meeting, Dec. 12, at noon, at Bankruptcy-bldgs. Exam. Jan. 21, at 11.30, at Bankruptcy-bldgs. WITHRINGTON, GEORGE, late Church-st, Bethnal Green-rd, carver. Ct. High Court. Meeting, Dec. 11, at 2.30, at Bankruptcy-bldgs. Exam. Jan. 21, at 11.30, at Bankruptcy-bldgs. YANTIAN, JOSEPH, and MOLLISON, JAMES, Baker-st, Portman-sq, ladies' tailors. Ct. High Court. Meeting, Dec. 11, at noon, at Bankruptcy-bldgs. Exam. Jan. 21, at 11.30, at Bankruptcy-bldgs. NOTICES OF DAYS APPOINTED FOR PROCEEDING WITH PUBLIC STANLEY, CHARLES S., Patcham, poultry farmer. Ct. Brighton. Exam. Dec. 12, ADJUDICATIONS. GAZETTE, Nov. 29. ALEXANDER, EDWARD BARNARD, Euston-sq, tobacco trade valuer. Ct. High Court. Order, Nov. 26. JERRAMS, JOSEPH WALTON, Farthinghoe, farmer. Ct. Banbury. Order, Nov. 25. PELL, PHILLIP, late Sceptre-st, Cambridge-rd, Mile End, boot manufacturer. Ct. High PEARSON, JAMES, Bradford, Yorks, fruit salesman. Ct. Bradford. Order, Nov. 26. PITMAN, ALFRED VINCENT, Balham, printer. Ct. Wandsworth. Order, Nov. 23. Order, Ct. High ALLEN, ABSALOM HENRY, Cambridge-rd, Bethnal Green, coachbuilder. BARHAM, CHARLES HERBERT ELWYN, accountant. Ct. High Court. Order, Nov. 29. BRIDGMAN, GEORGE, Bickington, farmer. Ct. Exeter. Order, Nov. 29. CHURCHES, JOHN SIDNEY, late Sevenoaks, farmer. Ct. Bridgwater. Order, Nov. 30. CULE, RICHARD THOMAS, late Treorky, grocer. Ct. Pontypridd. Order, Nov. 28. DAVIS, ALICE, Blackburn, smallware dealer, widow. Ct. Blackburn. Order, Order, DAWSON, ALFRED WILLIAM, Blackburn, draper. Ct. Blackburn. Order, Nov. 29. GREETHAM, FREDERICK WILLIAM VINCENT, Aldershot, lieutenant in 15th Hussars. GERRARD, WILLIAM HENRY, Ilkeston, druggist. Ct. Derby. Order, Nov. 30. HAWKES, THOMAS GEORGE, late Topaz-st, Lambeth-walk, cheesemonger. Ct. High Court. Order, Nov. 29. HERRON, GAVIN ALSTON, Camden-rd, Upper Holloway, veterinary surgeon. Ct. High Court. Order, Nov. 29. CASTELLO, CHARLES, late Brighton. Ct. High Court. Order, Nov. 26. COLLIER, WILLIAM PAYNE, Halwell. Ct. Plymouth and East Stonehouse. Nov. 27. Order, DAVIES, JOHN, Swansea, shipsmith. Ct. Swansea. Order, Nov. 26. DUMBILL, LUKE, Woolston, farmer. Ct. Warrington. Order, Nov. 26. OGDEN, ARNOLD, Ashton-under-Lyne, market gardener. Stalybridge. Order, Nov. 29. Ct. Ashton-under-Lyne and EDWARDS, GEORGE WITHERS, Rhayader, innkeeper. Ct. Newtown. Order, Nov. 27. FEATHER, NICHOLAS BAILEY, Dudley Hill, worsted spinner. Ct. Bradford, Yorks. Order, Nov. 27. GILL, JOSEPH, Castletown-rd, West Kensington, late tutor. Ct. High Court. Order, GREGORY, GEORGE, Long Marston, carpenter. Ct. Aylesbury. Order, Nov. 25. HATTON, FRANCIS AUGUSTUS, Bradford, Yorks, enamel letter dealer. Ct. Bradford. HODGSON, HARRIET, and MCLEOD, ELIZABETH, Leeds, boot dealers. Ct. Leeds. HIGLEY, RICHARD, Craven Arms, steward. Ct. Leominster. Order, Nov. 26. PASCO, JAMES FREDERICK, Trinity-rd, Upper Tooting, builder. Ct. Wandsworth. Order, Nov. 27. PORTER, ROBERT, Oswestry, seedsman. Ct. Wrexham. Order, Nov. 30. POOLE, ARTHUR, Birmingham, late butcher. Ct. Birmingham. Order, Nov. 30. PROUDFOOT, REUBEN, Burnley, late tripe dealer. Ct. Burnley. Order, Nov. 28. RALPHS, JOHN, Westhoughton, provision dealer. Ct. Bolton. Order, Nov. 29. SHARPLES, HARRY, Blackburn, yarn agent. Ct. Blackburn. Order, Nov. 29. Order, UNDERWOOD, GEORGE, Leighton Buzzard, farmer. Ct. Luton. Order, Nov. 28. WHALLEY, RICHARD, Blackburn, cycle factor. Ct. Blackburn. Order, Nov. 28. Winding-up of Companies. THE COMPANIES ACTS 1862 TO 1890. WINDING-UP ORDER. SIMPLEX DAIRY LIMITED, Lime-st. Ct. High Court. Order, Nov. 27. Pet. June 17. BRITISH STEAM GENERATOR AND REFUSE UTILIZATION COMPANY LIMITED, Haymarket. PAUL'S PATENT RAPID COALING BARGE SYNDICATE LIMITED, Gracechurch-st. Ct. High NOTICE OF DAY APPOINTED FOR PUBLIC EXAMINATION. TORNER PNEUMATIC TYRE COMPANY LIMITED, Clerkenwell-rd. Ct. High Court. NOTICE OF INTENDED DIVIDEND. QUEEN'S BENEFIT BUILDING SOCIETY, Stockton-on-Tees. Ct. Stockton-on-Tees and Middlesbrough. Last day for proofs, Dec. 17. Liquidator, Frank Brown, Finklechmbrs, Stockton-on-Tees. BIRTHS, MARRIAGES, AND DEATHS. BIRTHS. HIRST. On the 29th ult., at Swiss Cottage, Dewsbury, the wife of G. H. Hirst, INNES. On the 29th ult., at Kirkcaldy, N.B., the wife of J. Lockhart Innes, Solicitor, OSWALD.-On the 1st inst., at 15, Thurloe-pl, Sonth Kensington, S. W., the wife of MARRIAGES. CUMBERLAND-JONES-LAMBERT.-On the 25th ult., at St. Mark's Church. Hamilton- FOSTER. On the 26th ult., in Madras, of hæmorrhage, Herbert William Foster, HADEN. On the 24th ult., at The Lodge. Sidmouth, Harriet, wife of the late William NOTICE OF DIVIDEND. BANK OF SOUTH AUSTRALIA LIMITED, Lombard-st. Ct. High Court. Amount per pound, 5d. Fourth. Payable any day (except Saturday) between 11 and 2, at 33, Carey-st. NOTICE OF APPOINTMENT OF LIQUIDATOR. GAZETTE, Nov. 29. PATENT WOOLLEN CLOTH COMPANY LIMITED, Love-la, Aldermanbury. Ct. High Court. NOTICES OF RELEASES OF LIQUIDATORS. ALPINE CONDENSED MILK COMPANY LIMITED, Philpot-la Ct. High Court. Liquidator, GAZETTE, DEC. 3. Ot. High ANTICUTA SYNDICATE COMPANY LIMITED, Snow-hill, Holborn Viaduct. Trade Mark (Registered). Liquidator, SAUNDERS'S PRACTICE OF MAGISTRATES' COURTS.-Including the Practice under the Summary Jurisdiction Acts 1848, 1879, 1881; the Indictable Offences Act 1848; the Quarter Sessions Procedure Act 1849; and the Reformatory and Industrial Schools Act 1866, 1872. The Criminal and Civil Practice of Quarter Sessions, Appeals, and other proceedings in relation to Conviction, and orders in Courts of Summary Jurisdiction. Together with an Appendix containing the foregoing and other Statutes relating to Magisterial proceedings; the Rules and Forms under the Summary Jurisdiction Act 1879; and the regulations as to payment of Costs in Indictable Cases. Fifth Edition. By James A. Foot, Barrister-at-Law.-HORACE COX, "Law Times" Office, Bream'sbuildings, E.C.-[ADVT.] HAYNES'S STUDENT'S GUIDE to the LAW and PRACTICE of the COURTS of PROBATE and DIVORCE; especially arranged for the use of candidates for the Final and Honours Examinations of the Incorporated Law Society, and forming a complete examination digest of the subjects to which it relates. Second Edition, much enlarged. Price 6s.-HORACE Cox "Law Times" Office, Windsor House, Bream's-buildings, E.C.[ADVT.] THE YŌST TYPEWRITER COMPANY Ltd., 50, HOLBORN VIADUCT, LONDON, E.C. MANCHESTER: 3, Deansgate. LIVERPOOL: 22a, North John-street. BIRMINGHAM: 73, Temple-row. LEEDS: 21, New Station-street. BELFAST: 9, Rosemary-street. To Readers and Correspondents. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. Anonymous communications are invariably rejected. All communications intended for the Editorial Department should, in order to prevent delay, be addressed to the "EDITOR OF THE LAW TIMES." Advertisements, orders for papers, &c., should be kept distinct, and addressed to the Publisher, Mr. HORACE Cox, "Law Times " Office, Windsor House, Bream's-buildings, E.C. 450 452 454 r. 48 THE ALCOY AND GANDIA RAILWAY AND HARBOUR COMPANY LIMITED. v. GREENHILL. GREENHILL V. THE ALCOY. &o., COMPANY. THE TRUSTEES, EXECUTORS. AND SECURITIES INSURANCE CORPORATION LIMITED V. THE ALCOY, &C. COMPANY........ THE SOUTH STAFFORDSHIRE TRAMWAYS COMPANY LIMITED v. EBBSMITH.- Practice Evidence Bankers' Books Evidence Act 1879 (42 & 43 Vict. c. 11), s. 7.......... Re GALLARD; Ex parte GALLARD.Bankruptcy-Committee of inspection-Member employed as agent by solicitor of trustee-Sanction of the court-Profit costs 457 HILL v. SCOTT.-Carrier-Carriage by sea-Goods shipped without bill of Jading Insurance by carrierLiability for damage to goods......... 458 MOWBRAY AND ANOTHER r. MERRYWEATHER. -Damages Breach of warranty-Remoteness of damage 459 THE RED SEA.-Marine insuranceAbandonment-Advances for bursements-Prepayment of freight 462 HIGH COURT OF JUSTICE. CHANCERY DIVISION. - dis ... Re MASON'S ORPHANAGE AND THE LONDON AND NORTH-WESTERN RAILWAY COMPANY. Charity 465 HINDSON v. ASHBY-Riparian owner -Accretion - Owner of several fishery-Bed of river-TrespassAdverse possession Statute of Limitations ............ QUEEN'S BENCH DIVISION. HAY. THE CORPORATION OF TRINITY HOUSE.-Shipping-Light duesExemption from-Order in Council of 16th May 1893 CHIPPENDALE AND OTHERS v. HOLT. Marine insurance-Policy of reinsurance Clause in policy "to pay as may be paid on original policy"-Construction THE LONDON AND RIVER PLATE BANK NEMAN, DALE, AND CO. AND OTHERS v. LAMPORT AND HOLT.-Shipping -Charter-party-Light dues-Port charges-Clause in charter "charterers pay port charges 475 QUEEN'S BENCH DIVISION, IN BANKRUPTCY. Re NASH AND SONS; Ex parte CROFTON, CRAVEN, AND WORTHINGTON. Bankruptcy-PracticeTaxation of costs.. 477 478 Re CORNISH: Ex parte THE BOARD OF TRADE.- Bankruptcy-Liquidation by arrangement-Trustee underPower of Board of Trade to require an account Re MARDON; Ex parte THE BOARD OF TRADE. Bankruptcy- Appointment of trustee-Objection by Board of Trade-Notification to court-Powers of court.................. 480 468 471 NOTES AND QUERIES. Students' Societies 167 TABLE OF CONTENTS.-Lord Cottenham-Chief Justice Tindal-Lord Justice Knight Bruce (with Portrait)-Baron Parke (Lord Wensleydale)-The Right Honourable Stephen Lushington-Chief Justice Jervis-Lord Cranworth-Mr. Justice MauleLord Abinger-Lord Truro-Baron Alderson-Lord Denman (with Portrait)-Lord St. Leonards-Chief Baron Pollock-Sir Cresswell Cresswell-Lord Campbell-Mr. Justice Patteson (with Portrait)-Lord Westbury (with Portrait)-Chief Justice Cockburn (with Portrait)-Mr. Justice Wightman-Lord Hatherley-Mr. Justice Willes-Lord Bramwell-Lord Cairns (with Portrait)-Baron Martin (with Portrait)— Sir George Jessel (with Portrait)-Sir Robert Phillimore (with Portrait)-Lord Justice Mellish (with Portrait)-Lord Justice Lush-Lord Blackburn-Lord Justice Jamos (with Portrait)-Chief Justice Erle (with Portrait)-Sir Edward Vaughan Williams— Mr. Justice Crompton-Chief Baron Kelly. "Mr. Manson has a facile pen and a pleasant style; and it would indeed have been a pity had the ephemeral purpose with which he matter contained in this book was originally published caused these interesting sketches to be forgotten. The aim of the author has been to give an outline of the career of the greatest of our judges, and to state the effect of their work upon the law, and in so doing he has started at the point. at which Lord Campbell left off. Several old prints are reproduced, and help to make up a handsome. interesting, and even brilliant addition to the history of the Legal Profession."-Law Journal. "We received the several biographies with much pleasure, and gladly published them in these columns. We know for a fact that more than one family has been surprised at the information gleaned about its judicial member by Mr. Manson. predict for it a permanent place in legal biography."-Law Times. HORACE COX, Windsor House, Bream's-buildings, E.C. The Law and the Lawyers. We THE Profession will await with interest the result of the interview with the LORD CHANCELLOR and the LORD CHIEF JUSTICE on Thursday last. But nothing can relieve the judges themselves of responsibility. There can be no possible question that if, on illness incapacitating some of their number, they represented to the CHIEF JUSTICE that it was impossible for all the circuits to be served. by judges consistently with justice to Metropolitan suitors, com-. missioners would be sent in the places of a sufficient number to keep the courts open in London. Why do they not? By a fatal concession when Chancery judges went circuit, judges on circuit are paid fifty guineas a week more than judges in town. The Profession believe that the judges are not free from the temptation to earn this additional remuneration. The belief may be utterly baseless, but there it is, rooted and fixed, because there is no other mode of accounting for the wholesale abandonment of the London courts in order that the judges may try sessions cases in the provinces. IN a long letter to the Times on Tuesday, Mr. G. PITTLEWIS, Q.C. laid bare the miserable condition of the Queen's Bench Division during the present sittings. There are, he tells us, two hundred appeals from magistrates and County Courts in fact, all the business of the division other than Nisi Prius which have been scarcely touched since last July. He describes the state of things as "a public scandal." This is a mild phrase. A prolonged postponement of justice, the closing of courts which ought to be open, is a State crime. Mr. PITT-LEWIS dwells on the bitter cry of the unemployed barrister. We should turn a deaf ear to that if it did not represent an infinite amount of wrong to the suitor. This writer, by way of remedy, suggests the employment of Commissioners on Circuit, and Lords Justices in the Chancery Division when judges are ill. He rather scouts the increase of the Bench. THE Bar is in rebellion. Some Q.C. is asking in the Times why judges do not sit, as in times not long gone by, at 10? Why there are merely nominal sittings on Saturday? Why the Court of Appeal does not sit on Saturday, and frequently not on Monday? Why unpunctuality is tolerated? We state what we know when we say that unpunctuality will no longer be tolerated. The Bar Council will soon be asked to declare that, if any court appointed to sit at 10.30 fails to sit within fifteen minutes of that hour, all the counsel engaged in the cases should leave the court. Such a practice would be justified by the traditions of Eton and other public schools. Unpunctuality of the master resulted in a "bunk " or "run." THERE is a rumour universally prevalent in high and official circles in Dublin, and accepted as true, that the Government are determined to introduce a Bill next session, which it is stated has been actually drafted, for the abolition of four Irish judgeships, the two Bankruptcy judgeships, the Probate judgeship, and the Land judgeships, the jurisdiction of the first three of these offices is to be transferred to the Queen's Bench Division, while that of the Land judgeship will be conferred on the Land Commission. These changes, although palpably inadequate, will, when effected, having regard to the consequential reduction in the official staff of the Four Courts, reduce the public expenditure by £20,000 per annum. THE comparison, writes a correspondent, instituted by the Westminster Gazette, between the duties discharged by the English and the Irish judges—although somewhat inaccurate there is, for instance, only one Irish Probate and Divorce judge will be rendered far more piquant by the circumstance that the Irish Bench, which is proved to be thus ridiculously overmanned, has, in very recent years, been reduced in the number of its members. Within the last five years four Irish judgeships have been abolished, two in the Common Law Division, one land judgeship, and the judgeship of the Court of Admiralty, whose holder, with a salary of £3000, tried on an average half-a-dozen cases in the year. combined salaries of the ten judges on the Common Law side in the High Court of Justice in Ireland amounted in 1894 to £37,400. The total amount recovered by verdicts in that year before these judges was £18,150, or less than half their salaries. The THE system of open voting is still pursued at elections of members of Parliament for the Universities. At the recent contest for the representation of Dublin University, which excited the very keenest interest in legal circles, there were some curious instances of cross-voting. Thus, of voters on the Judicial Bench, the LORD CHIEF JUSTICE (Sir Peter O'Brien), the LORD CHIEF BARON (the Right Hon. C. Palles), and Lord Justice BARRY voted for Mr. WRIGHT, Q.C., while Lord Justice FITZGIBBON, Mr. Justice MADDEN, and Judges WEBB and DARLEY voted for Mr. LECKY. Among the members of the Bar the cross-voting was no less marked. Mr. Serjeant JELLETT, the leader of the Equity Bar, voted for Mr. LECKY, whereas Mr. KENNY, Q.C., M.P., the Irish Solicitor-General, and Mr. CARSON, Q.C., the senior member for Dublin University, voted for Mr. Wright. Ir is common knowledge that the House of Lords propose to affirm the judgment in Scholfield v. Lord Londesborough, which decided that there is no obligation upon the acceptor of a bill of exchange to see that it is not drawn so as to enable a fraud to be committed upon transferees. Lord Justice LOPES, in an elaborate dissentient judgment in the Court of Appeal, managed to arrive at the conclusion that there was. HAD we not the statement under his own hand that Mr. Justice DAY delivered a scathing rebuke to a firm and its workpeople upon information not upon oath, affidavit, or 66 statutory declaration, we should have hesitated to believe it. The information turns out to be " wholly unfounded." Could judges be sued for libel, this learned judge would have been without a defence. He has now made a handsome retractation and apology. The licence of the judgment-seat may easily become an abuse. Rightly or wrongly, the National Society for the Prevention of Cruelty to Children are furious with Mr. Justice GRANTHAM, to whom, in connection with remarks from the Bench, Mr. BENJAMIN WAUGH has publicly applied expressions by no means pleasant to the legal ear. THE lectures of Mr. W. WILLIS, Q.C., on Negotiable Instruments, delivered under the auspices of the Council of Legal Education, and to which the outside public were admitted, proved a great success. The practical lawyer showed that he possesses teaching qualities which the non-practising professor wholly lacks. Less Oxford professor and more practitioner is wanted in our education. We shall hope to see a technical side to the metropolitan school of law of the future. FUNCTION after function is marking the life of the Bar. This section of the Legal Profession is rousing itself from a long sleep. Balls, smoking concerts, musical societies, theatrical entertainments are going on side by side with educational movements, organisation, deputations to authorities, and the reinvigoration of the Inns of Court Rifle Volunteers. This is the only way to keep the Inns alive. Lord WOLSELEY at the Inner Temple on Saturday will, we hope, prove a tonic. He boldly told the Bar that the condition of their battalion is a discreditwe think he meant a disgrace to the Profession. So it is. To save it from extinction non-legal public schoolboys and undergraduates are to be allowed to join. The Commander-inChief warns the Devil's Own that it will cease to exist when the legal element is not the prevailing element. The new experiment is a dangerous one. Ir is somewhat of a contradiction in terms for a testator to direct the immediate sale of a business, and then to empower his trustees to postpone the sale for so long as they should think fit, and it has led to an application to the court in Re Smith; Arnold v. Smith (noted ante, p. 134). Mr. Justice NORTH has given a reasonable meaning to the testator's direction, and has held that the trustees may postpone the sale for two years from the testator's death, and meanwhile carry on the business, but that they could not postpone the sale indefinitely. So great are the existing facilities for the sale of settled land by a tenant for life, that in Bates 7. Kesterton (noted ante, p. 134) we have, what at first sight may seem strange, the spectacle of two owners in fee wishing to be deemed tenants for life. These owners were married women restrained from anticipation, and they contended that, as their husbands would be entitled to estates by the curtesy in the property, if they (the married women) died intestate, the property must be considered as settled, and the married women as tenants for life. It was a strange contention, and Mr. Justice CHITTY refused to agree with it. Every property must go to someone on the owner's death, and a succession then arises within the meaning of the Succession Duty Act, but it is never supposed that, on a grant to a man and his heirs, the heirs are entitled in remainder under a settlement, provided that the grantee dies intestate. It is nearly as strange to suggest that the possibility of a husband's enjoying a life estate in remainder turns a fee simple into a settled estate. QUESTIONS as to the costs of shorthand-writers' notes have occupied a good deal of judicial attention from time to time, 1 t very and little excuse now remains for want of knowledge on the part of practitioners as to what will be allowed or disallowed. The latest pronouncement will be found in Pilling v. Joint Stock Institute Limited (noted ante, p. 133). The Lords Justices there took occasion to declare that the general rule was to allow the costs of the shorthand-writers' notes of the judge's summing-up to the jury, because the judge could not take a note of it himself, and the Court of Appeal, unless supplied with a transcript, would be without any record of what the judge had said to the jury. But in an ordinary -case, and in the absence of special directions, the rule is otherwise with regard to shorthand-writers' notes of evidence, because the Court of Appeal would to that extent be furnished with the judge's notes and the counsel engaged would have the notes taken by themselves. THE broad rule that proxies cannot be counted on a show of hands at a meeting of shareholders seems to be undergoing reconstruction at the hands of the judges. The rule had, it was thought, the sanction of Lord Justice KAY before his Lordship became a member of the Court of Appeal. But lately Mr. Justice WILLIAMS held that the authority for such a rule was not as explicit and extensive as has been supposed, and that it could not be applied in every case. This view Mr. Justice KEKEWICH also has adopted in the case of Belcher and others v. Belcher Patent Smoke Preventor Company Limited, decided on 6th Dec. The company in question was governed by Table A. of the Companies Act 1862, in which the regulation as to voting provides that votes may be given either in person or by proxy. Assuming that proxies could be used on a show of hands a certain resolution had been passed by the necessary majority. Failing that construction of the law the resolution had not been passed. Mr. Justice KEKEWICH ruled that, in the circumstances, the chairman was entitled to record the votes not simply of those present in person, but also of those who were present by proxy. THE unseating of one of two Unionist members at Southampton because of a single illegal act common to both is felt to be illogical. The part which Mr. CHAMBERLAYNE took in the costers' procession could not invalidate his election-the judges so found. He was guilty of no corrupt or illegal practice, except the payment by an agent of a voter's railway fare. This was the act against which his colleague was relieved. The judges may relieve a member guilty only of offences of a trivial, unimportant, and limited character, if he and his agent took all reasonable means for preventing the commission of corrupt and illegal practices. We take the sense of that to be this: "A trivial and limited illegal practice has been committed. Not even that would have been committed if the candidate and his agent had taken reasonable means to prevent it. As they did not, we refuse relief." But to say that, because something else happened which did not amount to an illegal practice of which the judges disapprove, therefore they may refuse relief against a wholly independent illegal act, which the candidate and his election agent had nothing to do with, and which they took all reasonable means to prevent-how can that be justified? We do not construe sect. 22 as entitling the judges to refuse relief against a trifling and limited corrupt act because they disapprove of the conduct of the candidate in other respects not amounting to a corrupt or illegal practice. If such is to be the law, the position of a candidate for Parliamentary honours will be precarious indeed. WAS Mr. Justice DAY justified in giving HINDSON into custody? The latter confessed in the witness-box to immoral intimacy with two women, one of whom was acquitted of the manslaughter of the other in attempting to procure abortion. The judge ordered him into custody, on the charge of which Second Sheet. the accused woman was acquitted. The only power of summary arrest which we know of is the power which all justices of the peace have: they are empowered to themselves apprehend, or cause to be apprehended, without warrant any person committing a felony or breach of peace in their presence. Instant apprehension also may follow contempt in the face of the court. We should be glad to know if the law goes further. UNDER the 86th section of the Stamp Act 1891 an equitable mortgage requires an ad valorem stamp of only 1s. for every £100 secured, instead of the 2s. 6d. per £100 required for a formal mortgage. An equitable mortgage, to come within the provisions of that section, must be under hand only. The object of this concession was to induce persons who lend money on merely temporary loans (such as bankers) to have their equitable mortgages stamped. But there has grown up a plan of inserting in the agreement under hand, which constitutes the equitable mortgage, a clause to the effect that the mortgagee shall have all the powers which he would have had if the mortgage had been by deed: (see Prideaux's Precedents, 15th edit., vol. 1, p. 612.) Of course, he would not be able to pass the legal estate, but he would have most of the advantages afforded by a legal mortgage without the extra stamp duty. Under these circumstances the Inland Revenue authorities refuse to recognise an agreement with such a clause in it as an equitable mortgage, and insist that it should bear the 2s. 6d. per £100 stamp. It is natural that they should do so, but whether the courts would uphold their refusal is a different question. The Act of 1891 lays down no conditions as to what may and what may not be inserted in an equitable mortgage; the sole condition is that it must be under hand only, and the duty of the Somerset House officials is to interpret, and not to make, the Revenue laws. It was THE popular "Trilby " has found her way into the law courts and given occasion for a decision which lays down a general proposition of some importance. It has been decided by Mr. Justice NORTH, in the case of Holt v. Saunders, Green, and Co., that the word "Trilby" cannot be used as a trade mark on account of its being the name, though not of an actual person, living or dead, yet of a character in a book. It might certainly have been supposed at first sight that the word, used as a designation of aprons and gloves, satisfied the description in sect. 10, subsect. 1 (e), of the Patents, Designs, and Trade Marks Act 1888. "A word or words having no reference to the character or quality of the goods and not being a geographical name." "Trilby" is not a geographical name, nor does it imply anything as to the character or quality of the aprons or gloves which it is used to designate. Why, then, may it not be a trade mark ? The reason is derived from a decision on very different words in the Act of 1883. held not long ago, in Re Banks and James's Trade Mark, that, under the term a fancy word or words not in common use," the word Shakespere could not be used as a trade mark for cigars. Considering the weight which Mr. Justice CHITTY there laid on the fact of "Shakespere" being "still used as a living name," it would not be an obvious deduction from his decision that a name such as Trilby," which is not known to be borne by any actual person, would be objectionable, even if the question to be considered were still the question whether the word is a "fancy" word. The actual question, however, under the Act of 1888 is, as we have said, something very different, and to say that, because the word would not be admissible as a trade mark under the Act of 1883, and because the later Act is intended to narrow rather than to enlarge the range of possible trade marks, therefore it is inadmissible under the Act of 1888, seems rather a weak, as well as a roundabout, argument. It appears to treat the new definition not as something 66 66 |