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plaintiff against the defendant to indemnity SECRETARY TO A RAILWAY-PHODUCTION OF Acts, by which the tithes of the land, in which him for the amount of calls paid, in conse- DOCUMENTS BY.-In obedience to the instructions the respondent was a landowner and the appellant quence of being replaced on the list of con. of his directors, and in disobedience of the order the rector, were commuted. By this award & tributories, the defendant pleaded that he was of the district prothonotary of the Common Pleas yearly modus payable for bay and a gistment tithe discharged from his liability by the usages at Lancaster, and of the order of an arbitrator, payments, and also larger sums to be paid yearly of the Stock Exchange. The jury found that it the secretary of a railway company refused to for the same lands, when occupied by non-resi. was not part of the usage of the Stock Exchange produco, before the arbitrator, numerous books dents or converted into tillage, were fixed by the that,

if there be several intermediate sales between and papers of the company, which the attorney commissioner. A house bad since been built upon the first seller and the last buyer, and the first of the plaintiff in the cause referred swore to be a portion of a field of the respondent mentioned selier receive the price of the shares and transfer material to the plaintiff's case. Held, that the in the award, and a further portion to the extent them to the last buyer, the intermediate buyers secretary, being in the position of a servant, was of twenty-two perches was converted into garden are irresponsible when the name of the transferee justified in obeying the orders of his masters not ground, and the remainder of the field made into which was passed was that of a person legally to produce the documents, and a rule to attach an orchard. The appellant put in a distress for incapable of being registered. Held, that the him for contempt discharged. Whether an action the larger sum fixed by the award to be paid for judge was right in leaving the jury to say what would lie in such a case, quære : (Re Sharpley, 29 this field, on the ground that part of it had been was the asage of the Stock Exchange, for it is L. fvep. N. S. 580. C. P.)

converted into "tillage.” Held (affirming the not so universal an usage as to be binding upon

judgment of the Court of Exchoquer Chamber) all persons dealing there. Held also, that the

that, as to the orchard, there had been no converjobber, until he has passed to the purchaser the

ELECTION LAW.

sion into tillage : (Dudman v. Vigar, 29 L. T. Rep. Dame of a person who is legally capable of con.

N. S. 552. H. of L.) tracting, and who has given authority for the use of his name as transferee, is not discharged, not.

THE LIVERPOOL MUNICIPAL PETITION. withstanding the rules and usages of Stock The Liverpool Mercury of Deo. 20 says: “In

COUNTY COURTS,
Exchange to the contrary : (Dent v. Nickalls, 29 conformity with the order made by Mr. J. T.
L. T. Rep. N. S. 536. C. P.)
Collier, one of the judges of the Liverpool County

BIRMINGHAM COUNTY COURT. WINDING-UP-CONTRIBUTORY QUALIFICA

Court, the inspection of the voting lists, papers, TION OF A DIRECTOR BOUND TO HOLD SHARES

Thursday, Dec. 18, 1873. and documents, connected with the Pitt-street TRANSFER TO A DIRECTOR OF SHARES ALLOTTED cipal-offices, Dalo-street. The return of Lieut ward election took place yesterday, at the Mani. (Before H. W. COLE, Q.C., Judge.)

HADDON V. WILDE. TO A PROMOTER OR PAID IN FOLLO-When the Col. Hamilton, the Tory candidate, is questioned Action-Defence of liquidation Informal rese: £ary qualification for a director of a company, the it. The preliminary to this was the investigation Eaden appeared for the plaintiff.

by the Liberals, who took steps to petition against lution-- Application to restrain-Rule 289, B.R. aoceptance by a man of the office of director is a most material fact in determining whether he judge, and this took place yesterday in the of the papers, as ordered by the County Court Fallows for the defendant.

The action was to recover the sum of £13 28. 1d. anauthorised by himself, shares which have got presence of Mr. Joseph Rayner, town-clerk; Mr. on a returned bill, but a point arose of some in. into his name, and which were needful for his Hughes, the agent for Lieat.-Col. Hamilton. The proceedings. The defendant had given notice that qualification, but the mere fact of a man having result of the investigation has disclosed a state of at the time appointed for the hearing of the sam. which the holding of a certain number of shares affairs in connection with the management of the mons he intended to rely upon the following is a necessary qualification, does not necessarily election for which both parties have a right to ground of special defence : That on the 31st July raise the inference that he has entered into a con.

complain. In Pitt-street ward there are 774 1872, he filed in that court a petition for liquidatract with the company to be the allottee from yoters, and at the late election 608 voted-305 for tion by arrangement or composition with his them of the number of shares necessary to his Col. Hamilton, and 303 for Mr. James Steel. On creditors; and that at the first meeting of crediqualification : (Brown's case, 29 L. T. Rep. N. S the day of election the returning officer rejected tors, held ander such petition on the 26th Aug. in 562. L. C. & L.JJ.)

several voting papers in consequence of the stamp the same year, a resolution, which was duly regisWINDING-UP-COMPANY INCORPORATED

required by the Ballot Act not being upon them. tered on the 27th Aug. was passed for liquidation

BY We understand that the investigation yesterday of his estate by arrangement, and not in bank, SPECIAL ACT TO CONSTRUCT DOCK AND RAIL-disclosed that there were seven other papers ruptcy; and Mr. John Harrison was appointed WAY-JURISDICTION.- The court has jurisdiction, which had been counted althongh they did not trustee. under the Companies Act 1862, s. 199, to wind up bear the official stamp, and which consequently, Fallows now submitted that the plaintiff who a docks company incorporated by special Act of upon a scrutiny must be disallowed. Five of the was one of his client's creditors, could not maintain Parliament for the purpose of constructing docks and a branch railway, where the railway is only a other two for Col. Hamilton.

seven votes were given for Mr. Steel, and the the present action under the circumstances of the

It has also been subordinate part of the works authorised by the discovered that about twenty persons receiving

case, as he had not been prejudiced in any way.

Eaden said the plaintiff had not notice of the Act, as such

a company does not fall within the parochial relief, and who were consequently dis- meeting of creditors and the proceedings, and he exception contained in the section of being a qualified, voted; but whether for the Liberal or was therefore entitled to institute the present “ railway company incorporated by Act of Parlia- Tory candidate will not be ascertained until a proceedings to recover the amount owing to him. ment:" (Re Exmouth Docks Company, 29 L. T. scrutiny takes place, should the proceedings ever Fallows remarked that the plaintiff was repreRep. N. S. 573. V.C. M.)

reach that stage. Considerable dissatisfaction sented at the creditors' meeting, and Mr. Eaden RAILWAY-USE OF BY OTHER PERSON8-USE is expressed at the fact that there should have signed the proceedings. OF SIGNALS-APPROVAL OF ENGINES.—A colliery been so many unstamped voting papers received. Eaden was prepared to show that the plaintiff company having railways from their collieries, The Ballot Act contains some stringent provisions had no notice of the proceeedings, and was not with junctions with the line of a railway company in regard to the conducting of municipal elections. represented as suggested. Had his client had claimed the right, under

sect. 92 of the Railway One is to the effect that should a defeated can notice of the meeting, he would have attended. Clanses Act 1845, to use the railway. After some didate be in a position to prove that the election Nobody attended for him, and he. (Eaden) was correspondence as to the engines to be used for had been lost owing to the negligence of the pre-prepared to show that he had been in many ways that purpose, the railway company protested siding officer, he shall have the right of action prejudiced. It was absolutely necessary that he against the plaintiffs using the railway with against that official. Whether the petition in the should have had notice, if not at the creditors' engines belonging to another railway company, case of Pitt-street ward will be further proceeded meeting, at a fature time. Mr. Haddon did not and also without an examination of them ander with is doubtful. Several of the leading Liberals have notice, and the practice was established, as sect. 115 of the same Act. The plaintiffs then in the ward are desirous of going on with the he could show by reference to authorities, that attempted to run a train on to the line, but found matter to the end. That there was a strong prima where a creditor's name was not inserted on the the gates at the junction locked. They were like- facie case for an inquiry, the proceedings so far first list filed, under the 256th section, the debtor wise told that the signals and points would not be as they have gone have abundantly proved. That was not in a position to ask to have the resolution worked for them. The bill was then filed, alleging the election was conducted in a somewhat loose registered without giving the creditor who had that the engines had been approved for another manner is beyond doubt; but whether the Liberals not had notice

the opportunity of attending to be purpose in 1857, and praying for an injunction to have anything to gain by pursuing the matter heard on the question of registration. restrain the defendants from obstructing the further is open to question. They have demon- His HONOUR was aware that when the petition plaintiffs in the use of their line. On motion the strated the necessity of care and

vigilance being was filed a list of all the creditors was taken into injunction had been refused, on the ground that exercised at elections under the Ballot Act; and court. When the resolution was taken for registhe defendants could not be ordered to work the as it is problematical that the seat can be now tration a statement of affairs was handed in. In signals. The bill was then amended, alleging gained fur Mr. Steel, it has been suggested that it the present case the statement of affairs did the right of the plaintiffs to such an order, and would be the gracious thing to do to let the happen to contain the name of the plaintiff, and extending the injunction prayed for that purpose. matter drop.”

it was apparent that there was a name short in the Held, that though the word “railway,' in the [The petition has been since abandoned.- first list of creditors. If the other side had given interpretation clause, includes “ signals” as ED. L. T.]

them notice to attend the registration of the reso“works," still there was no obligation under that

lution they would have been acting rightly. Not or the 92nd clause upon the railway company to

having done so, he said they were bound to call work the signals for the persons using the railway

ECCLESIASTICAL LAW.

another creditors' meeting, and as the debtor had That the 12th section of the Railway Clauses Act

been guilty of an omission to point out to the 1863 provides that where junctions are authorised NOTES OF NEW DECISIONS. registrar that one creditor's name was absent, it to be made, proper regulations as to signals, &o., PROHIBITION-COMMISSION UNDER CHURCH was his fault and he must be answerable for the are to be made, and that that shows that such DISCIPLINE ACT.-DISCRETION OF BISHOPS.- consequences. His Honour questioned whether regulations should be settled before any user can An application made to the ordinary jurisdiction he was not bound by the resolution registered. be claimed. That although the 92nd section gives of the Court of Chancery out of term, for a prohi. Eaden contended that he was entitled to maina distinct right to use the line on certain terms, bition to prevent the Bishop of Gloucester from tain the present action, official notice not having still the court will not enforce it by an injunction, issuing a commission under the Church Discipline been given to the plaintiff or his debt proved; as it cannot see to the performance of an obliga- Act, to inquire into certain offences alleged to this being the case, they were entitled to go tion to work signals, &c., from time to time. The have been committed by the vicar of a parish, behind the resolution, and then the debtor ought absence of a proper method of enforcing the pro- until the vicar had been heard by counsel before to protect himself by calling another meeting of his visions of sect. 92, is no reason for extending the the bishop as to certain preliminary objections, creditors. In support of his argument he relied jurisdiction of the court. It is not a reason for and especially as to the fitness of the promoter, upon the case Cadiot v. Johnstone (22 Solicitors' interference that the times proposed for running was refused, the court holding that there was Journal, 47). trains are convenient. Approval, under sect 115, nothing in the Act to fetter the discretion of the His HONOUR.—It is quite clear I have power of the engines to be used, is a condition precedent bishop: (Ex parte Edwards, 29 L. T. Rep. N. S. given under rule 289 to restrain the plaintiff from to the user of the line under sect. 92 : (Powell 529. V.C. B.)

enforcing any proceedings. Duffryn Steam Coal Company v. The Taf Vale TITHES-MODUS-CONVERSION INTO TILLAGE Eaden.-The other side have had the oppor. Railway Company, 29 L. T. Rep. N. Š. 575. ORCHARD. Before the Tithe Commission Act tunity of making application for a rostraining V.C.H.)

1836, an award was made under certain Inclosure order, and they have failed to do it.

His HONOUR.–Then I can adjourn the case dents, Cosstick, Nash, and Wells), and claims to say that if a married woman carried on the for that purpose.

the goods taken in execution therein as her pro- business of a lodging house keeper in a house Eaden said if the court would give plaintiff a perty, in which her, earnings have been invested taken in the name of her husband or a trustee, verdict for the amount claimed, and stay execu- by her, and to which she is entitled for her sepa- | that she could not still carry on the business sepation until application had been made for a re- rate use under the Married Women's Property rately from either of them, indemnifying him against straining order, he (Eaden) could appeal against Act 1870, s. 1: The amount of the judgments the rent and taxes out of her earnings. I however that, and the matter could be settled in the has been paid into court. The claims were heard think that the circumstance of the house being Bankruptcy Court.

by me on the 4th Nov., and decided in the let to the husband, militates very much against the His HONOUR.-The question is whether I ought claimant's favour, except as to £20, representing separate trading by the wife, and renders neces. not to adjourn this action, with liberty for the de- goods purchased by her with moneys received sary a very close inquiry into the subsequent fendant to move in Bankruptcy to restrain further from her sisters, which clearly did not fall within action of the husband, with reference to the busiproceedings. I will consider whether what has the Act. At the hearing the claimant and her ness carried on in it. The payment of the rates been done is a bar to the action going on.

husband deposed that the claimant was living and taxes by the husband, and the insertion of his Ultimately His Honour adjourned the case with her husband, who was a confirmed invalid, name on the register, were, of course, incidental antil the 26th Jan., in order that the defendant in a house at Brighton, taken by her and in her to his tenancy, and, according to my views, are might make a motion in bankruptcy to restrain name, and in which she carried on the business of immaterial. It remains for me to consider the the action, under the 289th rule.

a lodging house keeper, also in her name and additional evidence now before the court, as to

by herself alone, without any interference or the husband's interference in the business in BRADFORD COUNTY COURT.

assistance from her husband, except that on a question. It appears that previous to the hus

few occasions he wrote letters at her request band taking the house he had taken the upper Dec. 2 and 6, 1873.

chiefly as to repairs to the house. The respon- part of the adjoining house for the same purpose (Before W. T. S. DANIEL, Q.C., Judge.) dents, the execution creditors, were not aware of letting lodgings, and had paid the rent, corre. MOSCROP v. LANCASHIRE AND YORKSHIRE till the hearing of the nature of the em. sponded with the landlord, and given notice to RAILWAY COMPANY.

ployment in which the claimant alleged her quit. In both houses the claimant issued cards Carriers Act (11 Geo. 4, f 1 Will. 4), c. 68, s. 1The earnings had been made, and supposed that it in her name alone, with a notice of “apartments

value of the contents of a parcel is the value of was some professional employment, and they to let” at the top, and circulated them among the goods to the owner, not the value to a trades. were therefore unprepared to meet the case. the tradesmen in the neighbourhood and others. man to buy and sell again.

After the trial they became informed that the She also had accounts with tradesmen in the Hutchinson for plaintiff.

house had been taken by the husband and in his neighbourhood in her own name, and the judgTerry (Terry and Robinson) for the defendants. name, and also that the husband had in various ment creditors in two of the actions had debited This action was brought to recover the sum of ways interfered and assisted in the conduct of the her in their books with the goods in respect of £9 108., as demages for the loss of a parcel sent business carried on there, and even to the internal which they sued her husband, or with part of by the defendants' railway, and not delivered. management of the house, and they applied upon them. On the other hand, some of the tradesmen, The parcel consisted of a small box containing a

affidavits for a new trial, which I felt bound to and I believe all, or some of the judgment credilady's gold lever watch. The defendants relied grant. I have now re-heard the case and consider tors, had debited her husband with some of the upon the Carriers Act (11 Geo. 4 & 1 Will. 4. c. 11), it to be one of much greater. difficulty than it goods supplied. The tradesmen thus appear to s. 1, alleging that the parcel exceeded £10 in appeared to be on the first hearing. I still adhere have charged their goods indiscriminately to the value, and the value was not declared. There most firmly to the opinion which I then expressed, claimant and her husband; but the majority, perwas no suggestion that the parcel had been lost that it is not necessary to the separate carrying haps, appear to have charged them to the through the felonious act of any of the defendants on of an employment, occupation, or trade, by a claimant. It was stated that it was common at servants. The only question is one of fact, married woman within the meaning of the Mar. Brighton to open accounts in the name of the namely, did the contents

of the parcel exceed £10 ried Women's Property Act 1870, sect. 1, that she lady who gave orders, whether married or not, on in value, and the affirmative of that issue must should live apart from her husband (whom she is account of the tradesmen not knowing the chris. be established by the defendant. It appeared in bound by the 13th section to maintain) but only tian names or condition of the husband and the evidence that the watch had been purchased five that her husband should not interfere or take part frequent change of occupation of house and lodgor six years ago of Messrs. Rhodes and Son, the in carrying on such business, and I still think ings, but this scarcely seems to apply to the caso well known jewellers, of Bradford, as a present to that on the evidence then before me, the claimant of a yearly tenant of an unfurnished house, a the plaintiff's wife. Its actual cost did not ap- proved herself to have carried on the business of householder and ratepayer. Evidence was also pear, but the manager of Messrs. Rhodes and Mr. a lodging house keeper separately from her hus. given that the husband had on some few occasions Rhodes, the son, proved that the actual price of band, and the question for my decision to-day ordered goods and paid bills without any objecsuch a watch was £15 15s. The watch had been is whether upon the contradictory evidence as to tion to their having been made out in his name. sent by the lady to Messrs. Rhodes to be cleaned the tenancy of the house, and the additional The claimant contends that her husband did so and repaired, and then returned to her at Roch evidence as to the husband's interference with as her agent at her request and with her money. dale where she lived. It was so cleaned and re. the business carried on in it since adduced With regard to the husband's interference in the paired and then returned by railway carefully before me, the claimant is still entitled to her internal management of the house, the evidence packed up in a box about the size of a cigar box, verdicts. I will consider, first, the contradictory consists of three receipts given by him to a lodger properly addressed, but without any indication of evidence as to the tenancy of the house. It con. (the Hon. Miss Kerr), as he deposes, at her the nature of its contents, or declaration of value. sists of the admission made on cross-examination special request, and a letter which he wrote The sum of £9 10s., the amount claimed in the by the claimant and her husband, that although to her as to letters left for her after her action, was arrived at thus : Mr. Rhodes and his the house was taken for the purpose of being let departure. The claimant contends that her manager treated it as a second-hand watch, and as a lodging-house by the claimant, and this fact husband_ did so at her request, and as her stated that, if offered to them for sale they would was communicated to the landlord, the husband agent. This appears to exhaust the evidence have given £8 10s. or £8 15s. for it and no more,

as well as the claimant, saw the landlord about before the court material to the issue which and would have sold it again for £9 10s. I do not the letting, and nothing was said as to the house I have to decide, viz., whether the business think this a proper test of the value of the watch. being let to the wife or taken in her name, and of of a lodging house keeper was carried on by the

The test is, what was its fair value to the lady, several letters by the husband to the landlord or claimant separately from her husband or not. It disregarding altogether any value she might attri. his agent, relative to the payment of rent and is to be observed that this is not the ordinary bute to it as a present, pretium affectionis. The repairs of the house, and finally of a notice to question as to whom credit was given in any par. watch when cleaned and repaired by Messrs. quit by the husband as tenant of the house. It also ticular transactions, nor is it the question whether Rhodes and returned to the lady, which was the appeared that the husband was rated for the house, any particular creditor or creditors knew that the state in which it was when delivered to the defen. and receipts for the rates and taxes were given claimant was carrying on this business separately dants as carriers, was, so to speak, as good as

in his name, and that he was registered as a voter, from her husband, but the simple question new to her, and in answer to a question from me but never voted. A previous tenancy of another whether or not she was in fact so carrying on this the lady said, speaking as a lady might be ex- house by the husband was also proved, but I do business within the meaning of the "Married pected very fairly, she thought the watch would not consider that any evidence of the letting now Women's Property Act 1860,” and after great be worth 12 or £13, but of course she could not in question, although it is evidence of the mode consideration I am of opinion on this very difficult tell. I think, however, that evidence is more

in which the claimant carried on the business of mixed question of fact and law that notwithstand. reliable than the evidence of what the watch a lodging-house keeper. Upon this point of the ing the house was taken in the husband's name, would be worth in a tradesman's shop to buy and case, I think that it is clear that the claimant's that he occasionally ordered and paid for goods sell again, and that any jury would be bound husband was the tenant of the house in question, in his own name, and in the instance of one lodger to find that the contents of the parcel did exceed and that it was not taken by her in her name as acted as if he were carrying on business himself, £10 in value. The defendants are, therefore, she deposed, although no doubt it was taken by still as the business was carried on in the name of entitled to the protection given

them by the her husband with her personal assistance, for the wife, and this was made known in the usual statute, for this is the very sort of case to which the purpose of enabling her to carry on the manner, and as it was by her personal exertions the statute was meant to apply, and it would business of a lodging house keeper, which seems that it was so carried on, the claimant did carry be most unfair towards common carriers to allow to have caused the confusion

her mind on on this business separately from her husband the public, whose goods they are bound to carry, this point. The question then arises whether the within the meaning of the Act. The claimant is, to deprive them of the protection of the statute fact of her husband having been the tenant of therefore, entitled to the verdict, but the judg. by undervaluing, though without any improper this house is sufficient in itself to disable her from ment creditors may have their remedy in Chancery intention, the goods sent, and thereby bring the claiming the earnings of the business carried on as I pointed out before, against the claimant for value below the statutory limits. The judgment there as her separate property under the 1st sec. such of the goods as were supplied whilst she will, therefore be entered for the defendants with tion of the above Act. At first I was strongly carried on the business of a lodging house keeper costs.

inclined to think this was so on the ground that at the house in question. The verdicts to stand.

the business of a lodging-house keeper evidently but the money to remain in court for one month, CROYDON COUNTY COURT.

consists in the letting of the rooms themselves, as with liberty for all parties to appeal, and no costs, Dec. 1 and 19, 1873.

much as in the providing furniture and attendance.

But since the last hearing it has occurred to me (Before H. J. STONOR, Esq., Judge.) that a married woman, even if living separate

SHREWSBURY COUNTY COURT. COSSTICK v. LAPORTE: Nash v. SAME; WELLS from her husband, could scarcely obtain a house (Before J. W. SMITH, Q.C., Judge.) v. SAME. in which to carry on the business of a lodging

Monday, Dec. 15, 1873. Married Women's Property Act 1870, s. 1-Hus- house keeper, without the same being taken in the band tenant of, and resident in, house in which name of her husband or a trustee ; for a married HULTON V. JOINT COMMITTEE OF MANAGEMENT his wife carries on business--Wife's separate woman is wholly unable to execute a deed or enter

OF THE SHREWSBURY RAILWAY STATION. property.

into any contract at law, and therefore a landlord Passengers' luggage-Lost at station--Liability. H. Parry, Croydon, appeared for the claimant. who lets a house to a married woman would be This was an action to recover £23, the value of

Thomas A. Goodman, Brighton, for the three entirely at the mercy of the tenant, and could not a bag and contents lost at the Shrewsbury Rail. judgment creditors.

even distrain for the rent at law, although he way Station on November 16th last. Dec. 19.-His HONOUR.-The claimant is the might in equity obtain relief against any separate

Chandler appeared for the plaintiff, wife of the defendant in three actions (respon. I estate of hers. And I am therefore not prepared F. Adcock for the defendants.

FROM

Mr. Harrington Hulton stated that he was a bar.

BANKRUPTCY LAW.

The case was peculiar. Boothroyd had pur. rister. On the 16th November he took a first-class

chased an estate at Whitby, in the county of ticket from Manchester to Shrewsbury by the

NOTES OF NEW DECISIONS.

Chester for £9000, and he took the conveyance to London and North-Western Railway. The train INSPECTORSHIP DEED AFTER ACQUIRED himself in the fictitious name of Jackson. He was a quarter of an hour behind time. At five PROPERTY — MONEY ARISING

MORAL then purported to convey nearly the whole of the o'clock he arrived at the middle platform at CLAIM.—On the sale by a railway company of its estate to one Smith, Smith being another alios Shrewsbury. He told a porter he was going on to undertaking to another company, an agreement of Boothroyd, and the last conveyance contained Pontesbury, but wished to meet the London train. under seal was executed, whereby the purchasing covenants by Jackson with Smith for production A porter volunteered to take charge of a bag until company covenanted to give the contract for of the earlier deeds. Boothroyd then executed a the 6.25 train arrived. He refused to let the the construction of the not yet constructed lines number of duplicates of that deed, and a mort. porter have it. The porter said the London train of the selling company to P. (who was not a party gage in the name of Smith with certain parties, had arrived, and pointed him to one on the re- to the deed) or his nominees. P. subsequently giving them one of the duplicates, and the earlier freshment side of the platform. He told the executed a deed of inspectorship for the benefit deeds were produced by Boothroyd himself, who porter to bring his bag there, and to wait with it of his creditors, which provided that "all the explained that he had borrowed the deeds for that until he had met the London train. He ran to estate and effects of the debtor" should be purpose from Jackson, whom he described as his the train pointed out, but found it was not the administered as in bankruptcy. Before P.'s uncle. After the completion of that mortgage he right one. The London train immediately suc- estate was wound-up, the purchasing company, in then registered a mortgage upon the same proceeded it. After he found that he had made a accordance with their covenant in that behalf, perty with Mr. Cross for £6000, covenanting that mistake the porter followed and asked if he should gave the contract for the construction of the the property was free from incumbrances, and collect the luggage, and he told him to do so, and lines to nominees of P., who paid him £3500 for giving him another duplicate, and producing the label it “ Pontesbury." The London train arrived, the nomination, and the inspectors claimed the earlier deeds as before. Boothroyd unsuccessfully but went to a different platform to the one he was amount : Held (reversing the decision of one of attempted to obtain a third mortgage in the same on. There was a great crowd. He met his brother, the registrars) that inasmuch as P.'s right, under way upon the same property, when the fraud was and the porter came up and told him his bag was the covenant in the agreement between the two discovered, and Boothroyd was arrested. It was gone ; and his brother said, " Had you charge of companies, to which he was not a party, was a afterwards found that numerous frauds of the it?" and the porter answered, “I had." His mere moral claim, unenforceable at law or in same character had been committed by Boothbrother then said, “Come along to the station. equity, it was not part of " the estate and effects” royd. He was made bankrupt, and it was ar. master.” They all went to Mr. Hankoy, and his of P. at the date of the deed of inspectorship; ranged that the Whitby estates, including the brother told Mr. Hankey that the luggage was that the deed of inspectorship did not pass after small portion retained by Boothroyd, should be lost. Mr. Hankey asked the porter who had acquired property, and that the inspectors were sold by the mortgagees and the trustee. The charge of the luggage, and the porter replied, not entitled to the sum of £3500 : (Ex parte Piercy; mortgage upon the Whitby estate being insuffi“The gentleman had charge of it himself.” Wit- Re Piercy, 29 L. T. Rep. N. S. 559. Ch.)

cient to pay both mortgages in full, and Mr. Cross ness's brother said to the porter, “Why, only a

being able to trace a portion of the money ad. minute or two ago, you said you had charge of it.”

vanced by him to Boothroyd into his possession, Mr. Hankey supported the porter. A day or two

COURT OF APPEAL IN CHANCERY.

Mr. Cross, on the 14th Nov. 1863, moved for an after he applied to Mr. Hankey, who told him he

Friday. Dec. 19.

order to the effect above stated, and asked that had better apply to the company. [A letter was

(Before the LORD CHANCELLOR (Selborne) and the order might be made without prejudice to his here put in, written to the superintendent of the

Lord Justice MELLISH.)

right to have the balance of the proceeds of the company, describing the manner in which the lag.

Ex parte Jay; Re POWIS.

sale of the Whitby estate remaining after satis. gage had been lost, and also the nature of the

faction of the prior mortgage applied in payment contents. A letter was also put in from Mr. Bankruptcy--Debtor summons-Petition

for adju- of the residue of his mortgage debt. On the same Patchett, and read; and also one from Mr. T. M.

dication-Receiver-Withdrawal of petition. day Mr. Cross had obtained the usual order of How, saying that the plaintiff would take

proceed. This
was an appeal from a decision of Mr. Regis- inquiry into the

amount owing

on his security. ings to recover the value if not amicably settled. trar Spring Rice, sitting as Chief Judge. He considered the value of the bag and its con

On the 3rd Oct. 1872, G, H. Jay took ont a

Hall, for Mr. Cross, argued that Mr. Cross had

been induced to enter into the contract for the tents at £23.]

debtor summons against H. Powis for a debt loan by means of the fraudulent misrepre, Frank Adcock cross-examined the witness as to owed to him; and the debt not having been satis. sentations of the bankrupt, and was entitled the value of the contents of the bag. When the bankruptcy against Powis on the 12th Oct. On the (3 M. & S. 562),

and Gladstone v. Hadwen (1

Taylor y. Plummer witness arrived at Shrewsbury he instructed the porter to label his luggage for Pontesbury: He appointment of receiver of the debtor's property lowed both at law and in equity, are clear

same day Jay applied for and obtained the M. & S. 526) which have been frequently fol. had only booked to Shrewsbury. He could book under the 13th section of the Bankruptcy Act authorities for the right of the party, deWhere the tickets are kept to the

clerk before
he 1869. On the 15th Oct. Powis, with the consent frauded to follow his money or goods

if it or can get booked. He was standing about five yards of the receiver, paid Jay £1050, and Jay then they can be traced, notwithstanding

bankruptcy. from the barrow on which the luggage was, when withdrew his petition. Powis was afterwards The general equity is laid down by Lord Hardthe porter came up to him and asked him if he adjudizateda a bankrupt

om another creditor's wick in Barnesley v. Powell (1 Vesey 289). But had got his bag.

we go further and say that although the contract Mr. William Edward Montague Hulton Harrop, Jay to refund the sum of £1050, and Jay appealed charge upon the mortgaged estate till the

debt is application of the trustee the registrar ordered is rescinded, the court will not deprive us of our brother of the plaintiff, deposed to the porter

from this order. stating that he had charge of the luggage, and

Little, Q. C. and Winslow, appeared for Jay.

fully satisfied. In Small v. Attwood (1 Younge after as to the interview with Mr. Hankey. Mr.

De Gex, Q. C. and Finlay Knight, for the trus- who had obtained a decree for the rescission of a

211), the only case on the subject, the plaintiffs, Hankey ultimately told him he was talking non. sense, and the interview terminated. He (witness) too were not called on.

The LORD CHANCELLOR said that no greater defendant, prayed that they might follow part of

contract of sale obtained by the fraud of the was not surprised at that remark, because some

mischief could be done by those who had the the purchase money into certain stock, and that officials were so nice in their ways. There was a

administration of bankruptcy than to permit such the order might be made without prejudice to great deal of confusion, and he had never seen

a transaction as this to stand. A receiver was their lien upon the estate, and for an injunction the gates kept worse than they were on that

an officer of the court, and it was his duty not to to restrain any dealing with the stock. Although occasion. Mr. Henry Robinson, jeweller, &c., High-street, part with any property except under the direc

no decree was ever made Lord Lyndhurst granted deposed to the value of the articles in the bag and tion of the court, and he had to account to the court for all that he received. So great a power abandoned. The cases are analogous. A morte

an injunction, and did not require the lien to be the bag, which roughly he should estimate at a

as that of appointing a receiver immediately on little over £20. Adcock, in defence, contended that there was no the presentation of a petition for adjudica-Boothroyd to require us to abandon our charge ?

gagee is a purchaser pro tonto. What equity has liability on the part of the company after the benefit of all the creditors. No doubt it was that Mr. Cross had a right to rescind the con,

tion could only be given with a view to the We only ask to be let alone. Hall also argued porter had placed them on the spot pointed out by in the power of the creditor in the present tract as to such portion of his

money as he could the plaintiff. If there was any liability the company was liable as gratuitous bailees. He con

case to apply to the court to dismiss his trace, and might treat his mortgage as a subsisttended that as the plaintiff's ticket was only from direct him to pay over any money which he had unable by rescinding the contract in toto to place

petition and to discharge the receiver, and to ing security as to the residue, because he was Manchester to Shrewsbury the company were not received to the creditor, and the court might have himself in his original position in consequence of liable.

made the order if no other creditor had in the Boothroyd's dealings with the loan ; and quoted His Honour, however, ruled that it was the meantime presented a petition. But nothing of Kerr on Fraud, p. 269, and cases there quoted on fault of the company, and a great inconvenience the kind was done here. On the contrary, with partial rescission of contracts. Ho urged that as to the plaintiff that he was not furnished, at out any authority from the court, the money the estate had been agreed to be sold there was Manchester, with a ticket for Pontesbury after he which the receiver ought to have got in and rehad asked for it.

no practical inconsistency in the relief asked for tained was applied for the benefit of this particu. went on to contend that it was the duty of the sion of the registrar, and the appeal must be dis- cannot partially rescind a contract. It is a mere Adcock said he would not press that point, and lar creditor. His Lordship agreed with the deci: upon whichever ground the order was made.

Cobbett. This is not the case of a trust. You plaintiff to look after his own luggage when he missed with costs. saw the porter going to get labels. The articles, The Lord Justice MELLISH concurred.

case of a loan, and you cannot “ Blow hot and cold."

Cur, adv. vult. he urged, would come under the Carriers' Act, as

Dec. 5.-After stating the facts, His HONOUR some of them were of more value than £10. He

MANCHESTER COUNTY COURT. said that the case struck him on hearing the arguthen called Owen Hughes, a porter in the employ of the joint company. He stated that the plaintiff

Dec. 1873.

ments as one primæ impressionis; and that if Mr. instructed him to get the luggage from the train,

(Before J. A. RUSSELL, Q.C.)

Hall's contention were correct, it was surprising

that such an easy remedy had not been frequently and take them to the platform on the refreshment Re BOOTHROYD; CROSS v. BUTCHER. side of the station. He told him that he was going Mortgage obtained by fraud-Claim to follow authorities, and examined the original records of

made use of. He had, however, considered the to Pontesbury, and instructed him to fetch labels

money in hands of mortgagor and to preserve the case of Small v. Attwood. That case, even as for them, and he would stand by the luggage till he came back. When he came back with the held that the claim could not be sustained.

lien on mortgaged estate.

an authority for following purchase money, had labels the plaintiff was standing by. He missed Small v. Attwood discussed

been questioned by Sir E. Sugden and Mr. Dart,

in their works on Vendors and Purchasers, and the bag, and told the plaintiff, who said, “There

S. Hall (barrister-at-law), for Mr. Cross. had never been followed. It was, moreover, a case are a lot of thieves about.” He denied being

Cobbett (solicitor), for the trustee in the bank of vendor and purchaser, and if necessary he in charge of it, but admitted bringing it across ruptcy.

should distinguish the present case, as being one and putting it down as directed. The platform

This was a motion on behalf of Mr. Cross, that of mortgagor and mortgagee; and in Small v. was very crowded. Chandler having replied,

certain bank notes and other moneys in the pos- Attwood it was necessary for the purpose of desession of the

bankrupt, might be declared to be ciding the right to an injunction to enter into the His Honour gave judgment for the plaintiff long to, and might be directed to be delivered by question of the lien. Now what did the plaintiff or £15. the trustee to Mr. Cross.

seek to do in this case ? He was seeking to get back the money out of which he said he had been IN correction of some misstatements we may Mary Ann Cotton, the Bishop Auckland poisoner, defrauded—that was, to set aside the mortgage so mention that Mr. H. Cadman Jones, Mr. Josiah revealed a course of cold blooded crime, which as to get back money on a contract which never W. Smith, Q.C., Mr. Arthur Wilson, and Dr. had continued for years before its author was existed. He was seeking likewise to come in on Tristram, to draft the rules of procedure under visited with the punishment she so richly merited. the estate for the balance of money he lent, which the Supreme Court of Judicature Act.

Montgomery, the Irish police inspector, was con. he could not recover in specie; so that while on MR. EDWIN JAMES:- This ex-counsel has an- victed, after two abortive trials, of murdering his the one hand he was upsetting the mortgage, on nounced himself publicly as a legal adviser in friend the bank cashier at Newtonstewart. To all the other he was maintaining it, because it was only London, to persons who contemplate taking legal outward seeming the prisoners charged with the by so doing that he would get 20s. in the pound. proceedings in England or in America, or who re- murder of Miss Kerr and her servant at Belfast, That seemed to him (the learned Judge), as far as quire advice.-City Press.

and of Wood, the Pickering farmer, were guilty his judgment went, to be entirely against the TREATY OF COPYRIGHT.-The Globe, alluding of cruel murders. They were, however, conprinciple laid down in Kerr on Fraud, p. 11, to the system of registration adopted at Sta- victed of manslaughter only, and sentenced to where it is said that a contract cannot be tioners' Hall as a standing menace to authors, protracted periods of penal servitude. The many rescinded unless both parties can be placed in and, as being most inconvenient, states that it crimes of violence which formed the subject of their original position. Besides, in this case the has been decided formally to abandon the ob. inquiry at the recent winter assizes will be fresh plaintiff has taken the usual order for an enquiry noxious system in favour of “a more liberal in the memories of our readers. While larceny into his security, and by so doing he has treated Treaty of Copyright” by Great Britain.

of what may be called the vulgar sort has shown the mortgage as subsisting, and cannot now PERJURY.--The Pall Mall Gazette, in an article a gratifying tendency to decrease of offences rescind. This principle of election is more speci- upon the Tichborne trial, suggests that, although incidental to a great commercial community have fically laid down in the case of Clough v. the London the subject is not free from difficulty, it merits alarmingly increased. Early in the year the mer. and North Western Railway Company, which was notice whether persons convicted of petty lying, cantile world was astounded by the intelligence argued in the Court of Exchequer Chamber. That as witnesses, should not be liable to a week's im- that a series of forgeries, singularly daring in being so, and there being no authority, as he held, prisonment, or a fine subject to the right of ap- conception, and wonderfully skilful in execution, for the payment of such money, and there being peal, as the presiding judge may decide.

had been committed upon the Bank of England this distinct authority in the highest coart of the IRISH PAUPERISM. - In the third quarter of by a gang of American adventurers, who, having realm save one, and what was now sought to be 1873 the average number of inmates of work: obtained possession of more than £100,000 were done being entirely in the teeth of the principle houses on Saturdays was 42,607, an increase of just preparing to decamp with their plunder when laid down, he held the plaintiff was not entitled 1187 over the average for the three quarters of their frauds were detected by one of those acci. to the relief prayed for, and the motion, therefore, 1872. The average weekly number of persons who dental mistakes which rogues so often commit, would be dismissed, and the verdict in the issue received out-door relief was 29,171, an increase of and by which their best concerted schemes are must be entered for the defendant. Costs were 3092.

brought to nought. After investigations extending allowed against the mortgagee.

LUNACY STATISTICS.—The census of 1861 in over many months they were all convicted and England showed 1 insane person in 824. In 1871 sentenced to penal servitude for life. Scarcely

there was 1 in 403 persons. France showed a inferior in turpitude to the Bidwells and their LEGAL NEWS.

larger increase-namely, in 1856, 1 in 1128, and in associates, we regret have to mention the Rev.

1866 1 in 418. In 1861 Denmark contained 1 Vyvyan Moyle, à clergyman highly esteemed at It is proposed to place busts of the late Chief lunatic in 507 persons, Austria 1 in 4043, Italy 1 Middlesborough, convicted of having elaborately Justices Taney and Chase in the room of the in 2962, and Piedmont 1 in 2006 persons. Hanover forged some joint-stock company securities. In United States Supreme Court.

has 1 in 301 persons, New South Wales 1 in 1454. the same category must be included Yates, the MR. HENRY DEANE, a local solicitor, has been Indian statistics are required.

secretary to the Great Eastern Steamship Comelected without opposition coroner for the Boulay has been fined 58., with 238. costs, at the Smyth and Rodgers, just committed for

trial for CORPORAL PUNISHMENT.-The Rev. W. Du pany, who obtained £34,000 by similar means; northern division of Leicestershire.

Hammersmith Police Court, for striking a boy frauds on the Belfast Bank ; Lizardi, a merchant RUGBY School.-It is stated that Dr. Hayman named Fuller, for alleged impertinence, until he in extensive business, who absconded while under intends to apply immediately for a writ of man.

was "bruised and bleeding The assault was remand, leaving the friends who became his bail damus from the Court of Queen's Bench, to committed with a stick, and it appeared the de- to pay £12,000 for their belief in his assurance compel the trustees of the school to reinstate him fendant had no jurisdiction, as the complainant that he had a complete answer to the charge; as the head-master,

had ceased to attend the defendant's school. Christian and Roberts, the stockbrokers, convicted The justices of the Howdenshire petty sessional THE HOWARD MEDAL.- The council of the of criminal misappropriation of funds entrusted division have decided that a contract of service Statistical Society have given effect to the views to them ; and the Goldsmith family, who had obor hiring for a period exceeding a year was not of the president, Dr. Guy, F.R.S., regarding John tained £15,000 worth of valuables from goldsmiths binding unless in writing. This decision. (the Howard, and his claim to be considered at least and jewellers. To this long list must be added Leeds Mercury says) has naturally given rise to as much a statist as a philanthropist, by estab. Williamson, the confederate colonel convicted of no little uneasiness in the minds of agriculturists, lishing a Howard medal. This medal is to be endeavouring to extort money by sending from and yesterday the Howdenshire Chamber of given every year to the author of the best essay ten to a hundred persons daily to his victim's Agriculture resolved to test the soundness of the on some subject in social statistics, giving a prefer. house on various fools' errands, till the prodecision by submitting a special case to the Court once to those in which Howard himself was most secutor was almost driven out of his senses. of Queen's Bench.

interested. The subject of the essay for which Huguet, a French banker, resisted his rendition BIBKBECK LITERARY AND SCIENTIFIC INSTI- the medal will be given in 1874 (the year in which under the Extradition Treaty, on the ground that TUTION, Southampton-buildings, Chancery-lane. Howard achieved his Parliamentary triumph) is, the legal was only a cover for a political prosecu- The evening classes for ladies and gentlemen at

“ The State of Prisons, and the condition and tion. His allegations of indirect motive derived this institution will re-commence for the Winter treatment of Prisoners, in the Prisons of England some colour from the fact that he has since been Term on Monday next. In addition to those which and Wales during the last half of the Eighteenth sentenced to ten years' travaux forcés for an have already been formed for languages, mathe- Century, as set forth in Howard's State of offence of a not very aggravated character. Mematics, natural, applied, and mental science, law, Prisons, and his work on 'Lazarettos.'" Full tropolitan and other magistrates have had their history, literature, drawing, music, &c., a French particulars may be obtained on application to the labours largely increased by the Adulteration Act, Literary Society, and a class for the study of assistant secretary of the Statistical Society, 12, under which grocers, bakers, and other tradesmen microscopy, will be commenced. The list of prizes St. James's-square, S.W.

have been heavily fined, in spite of naïve protests has beer augmented through the generosity of

AMERICAN LEGISLATION.-Up to Monday the that "it was the usual thing." Milkmen Douglas Straight, Esq., M.P., who has offered for 8th inst., nearly 500 bills had been introduced into have vainly pleaded that "watering” milk is not competition two English Essay Prizes of the Congress. As that body commenced operations adulteration, and the Coal Acts have been found value of £5 each.

only the Wednesday provious, its members cannot so effectual against dealers who advertise slag and A DUBLIN correspondent writes :-The Irish be said to be deficient in energy, at least, in the slate as “Best Wall's End” that this “form of papers have begun to discuss the propriety of direction of law-making: How much of the pro- competition” is likely to go out of favour. Raids appointing a new judge in place of the Chief posed legislation is in the interest of the country on betting men have been frequent, and have geneBaron (Pigot) lately deceased. The Evening it is impossible to say, but we think that there rally been followed by the wholesale infliction of Mail says that the work of the judges is will be reason to be thankful if such part of it as heavy penalties. Summonses against workmen ill distributed rather than the working power too becomes law does no harm. Among the bills in under the Masters' and Servants' Act have been great. It proposes that less work should be troduced into Congress are a dozen or more much more frequent than the friends of either thrown upon the chiefs by employing the puisne looking to a modification of the law of the class could wish. The release of the gas stokers judges regularly in performing a share of the last session, repealing the franking privilege. after the expiration of one-third of the sentence work of the after-sittings. It also suggests that The country newspapers are clamorous for free passed on them by Mr. Justice Brett, has, natuthe present constitution of the Court for Land postage for themselves, although we cannot see rally enough, stimulated the agitation for a repeal Cases Reserved should be changed, and that “a what justice there is, or ever has been, in the of the Criminal Law Amendment Act. Com. rota of judges thould be formed to supply one to Government affording to the publishers of those plaints of the police have been unpleasantly sit regularly in the Court of Appeal in Chancery, sheets, favours which the rest of the people do not numerous, the acquittal of the men against whom so as to provide against the evil consequences of enjoy. The feeling of our people and the tendency Mr. Belt preferred charges of misconduct and ill. the frequent divisions between the ordinary judges of the age, is against class privileges, and we trust treatment notwithstanding.--Standard. of that court.”

that a step backward will not be taken in the IRELAND-EXPECTED LEGAL APPOINTMENTS. ANOTHER BLUNDER WITH THE BALLOT.-The matter of postal legislation.-Albany Law Journal, -The death of the Right Hon. Richard Pigot has ballot for a new School Board at Oldham has been Dec. 13.

placed at the disposal of Her Majesty's Govern. followed by the discovery of an extraordinary

CRIMINAL RECORDS OF 1873.-The criminal ment the great office of Chief Baron of the Irish blunder. During the process of recasting the records of the year have been in many ways re- Court of Exchequer-a post worth £4600 a year. figures yesterday morning the officials found that markable. Early in January Dr. Kessell, a We need scarcely say that for the last two days the number of ballot papers did not correspond Lutheran clergyman, was arrested, and positively the Library of the Four Courts and the other with the parcels of twenties formed before the identified by several witnesses as the suspected places where lawyers most do congregate have counting of the votes commenced. A careful murderer of Harriett Boswell, and the rev. been enlivened by all kinds of rumours as to the investigation revealed the circumstance that as gentleman was regarded as a monster of licen- manner in which the vacant office, or we should many as 720 uncounted ballot papers from one of tiousness and barbarity until he established a say vacant offices, will be disposed of. As to the the wards had been placed in the ballot boxes by complete alibi by overwhelmingly powerful proof. Lord Chief Baronry itself the general belief is that mistake, and taken away without being counted. His release was followed by a lively discussion Mr. Attorney-General Palles will be raised to the All the parties concerned were summoned to upon his experiences in the House of Detention, dignity. The position is one of the high offices attend at the town hall yesterday, and the addi. which led to considerable improvement in the which, "of right,” belongs to the Attorneytional counting was proceeded with after a protest mode of dealing with unconvicted prisoners. All General, and the three predecessors of Chief Baron from the representatives of the Church candidates, attempts to discover the actual perpetrator of this Pigot, Chief Barons Brady, Wolfe, and Joy, all who demanded that the whole of the ballot papers atrocious crime signally failed, as did also those passed from the office of Attorney-General to the should be recounted. The final numbers declared made with reference to the murder of the female Presidency of the Court of Exchequer. Other last night do not alter the result arrived at on whose mangled remains were recently

found in "authorities,” however, have it that the claims of Monday evening.

different portions of the Thames. The trial of 'Mr. Palles will be satisfied with a puisne judge

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ship, and that Mr. Baron Dowse, or, perhaps, Mr. attorneys were made A.D. 1457 and 1510 (35 Hen. the beneficial enjoyment. If he could have retained Justice Fitzgerald, will succeed to the Chief 6 and 7), A.D. 1573-82, 1615-17, A.D. 1633 (8 Car, the legacy as against the residuary, legatee, duty must Baronry. A third solution remains. It is just 1). It was ruled that each attorney should be

be paid by him, otherwise not. Did he accept the £100 possible that the Government may suffer from a articled for six years. A.D. 1645 a rule was made he would release the legacy ? If so, as in the case of a

on an understanding, binding on bis conscience, that fit of economy, and take this opportunity of bring, as to attorneys attending court; and the same in secret trust, legacy duty would not be payable: (See ing to an issue the long-threatened diminution of 1654, when five years' service as an articled clerk the judgment of Wickens, V.C., in Taylor v. Carturight, the Irish judicial staff. Such a course should be was only required, and legal examiners were 26 L, T, Rep. N. S. 571.)

Z, Y. resisted by the unanimous voice of the country. appointed, which practice became obsolete before

(Q. 46.) ALLOTMENT OF STOCK.-The new stock, or The cost of the judicial establishment is almost 1730, when 2 Geo. 2, c. 23 was passed for the regu.

the benefit derived from the sale of it, or of the allotthe only branch of the Imperial expenditure by lation of attorneys, &c., followed by c. 46 for the ment letters, is unquestionably capital, and as such, which Ireland benefits, and any diminution of the registration of articles of clerkship, &c., with five must be invested in some of the securities in which number of judges would throw out of joint the years' service. By 4 Hen. 4, c. 19, and 1 Hen. 5, the trustees, by the powers of the settlement or by the legal system of the country. Supposing, how. c. 4, repealed by 6 & 7 Vict. c. 73, special persons, general law, are authorised to invest it. It would be a ever, that in the ordinary course the Attorney including sheriffs, and by 22 Geo. 2, c. 46, clerks clear breach of trust to treat it as income: (See Rowley General is raised to the Bench, Mr. Law becomes of the peace, and by 30 Goo. 2, c. 3, land-tax com- practice in such cases is, probably, fluctuating. Ž.Y. Attorney. General, and then arises the question of missioners with less than £100 a year were prequestions—who will be the new Solicitor-General ? cluded from practising as attorneys. By 5 Geo. 2, First in rank, first on the lips of his professional c. 18, recently repealed, A.D. 1871, practising uninterrupted enjoyment of an easement as of right

(Q. 47.) EASEMENT.-Under 2 & 3 Will. 4, c. 71, s. 2, brethren, is the name of Sergeant Armstrong, on attorneys, solicitors, and proctors could not act for twenty years gives a prima facie right to it. And by whose vast practice, great legal acquirements, legally as county magistrates. The rule of court sect. 4 the only interruption within the meaning of the and eminent professional position it is unnecessary (31 Geo. 3), whereby one year might be passed by statute is action or suit brought by the owner of the to dilate.-Freeman.

an articled clerk in an agency office, is continued tenem over which the easement extends, or such by the 6 & 7 Vict. c. 73, s. 6, and 23 and 24 Vict, acts on the part of the party enjoying the easement as c. 127, s. 6, which statutes confer a similar right. In this case A. and his predecessors bave not,

show that he did not consider the easement to be his of CORRESPONDENCE OF THE

salutary privilege.

CHR. COOKE.

as I understand it, enjoyed the easement of nailing their PROFESSION.

trees to the house for twenty years, and therefore A, is LITERARY QUOTATIONS.

liable to be disturbed by B. in an action on the case, or

Why do lawyers of trespass brought within the limited time. But if A. NOTE.-This Department of the LAW TIMEs being open to ignore poor Alexander Pope? In a pending trial, continues to insist on the right, and B. does not bring free discussion on all professional topics, the Editor is not the lines from his Essay on Man

action till the twenty years have run out, A. can then responsible for any opinions or statements contained in it

What can ennoble sots, or slaves, or cowards ?

plead the statute. See Bright v. Walker (1 C. M. & R. Alas! not all the blood of all the Howards,

211, 219; 4 Tyrw. 502), and Wright v. Williams (3 ATTORNEYS AND SOLICITORS.-In 1850, Lord

C. M. & R. 77; 1 Tyr. & Granger 375). In most cases Campbell suggested the Ipropriety of amalga- TIMES you give Swift the credit of the coupletwere attributed to Byron. In last week's LAW

of this sort it is found best to resort to arbitration.

OWL. mating these officials, according to Lord Sel. borne's plan in the Court of Judicature Bill. Sir

To rest, the cushion and soft dean invite,

Under the ciroumstances, I do not think that the W. Blackstone deemed an attorney at law as

Who never mentions hell to ears polite,

servitude of allowing the annexation of trees was

imposed on the neighbour's wall. I do not see how equivalent to the procurator or proctor of the which is to be found in Pope's Moral Essays.

CRITIC. civilians and canonists, being an officer of a

the presumption of negligence and patience could be raised against the owner of the wall.

The trifling sourt of record and a person put in the stead,

character of the annexation, the possible ignorance of

the owner, and the difficulty of resisting the encroachturn, or place of another to manage his legal

NOTES AND QUERIES ON ment would all have to be considered. Generally speak. matters. The original enabling statute relative

ing, an

POINTS OF PRACTICE. to attorneys is the 13 Edw. 1, c. 10, whereby they

easement cannot be acquired by user vi,

clam, or precario, or otherwise than of right. Tacit were allowed to appear in all pleas at West

sufferance is not sufficient: (Tickle v. Brown, 4 Ad. & El. minster, &c. Subsequent statutes extended this Notice.-We must remind our correspondentk that this 369).

Z. Y. right to various writs and plaints : (See 7 R. 2,

column is not open to questions involving points of law

such as a solicitor should be consulted upon. Queries will c. 14; 12 Edw. 2, st. 1, c. 1, 3 Hen. 7, c. 1; 7 Hen. be excluded which go beycnd our limits.

LAW SOCIETIES, 4, 0. 13; 23 Hen. 8, c. 8; 29 Eliz. c. 5, s. 21; and

N.B.-None are inserted rinless the name and address of the

writers are sent, not necessarily for publication, but as a 31 Eliz. c. 10, s. 20; 4 & 5 W. M. c. 18, s. 3; guarantee for bona fides. 18 Eliz. c. 5, s. 1. Thus, in all actions the de

LAW ASSOCIATION. mandant, plaintiff, tenant or defendant, might

Queries.

AT the usual monthly meeting of the directors, appear by attorney, originally, as he or she might,

held at the hall of the

Incorporated Law Society, previous to 13 Edw. 1, c. 10, after appearance, by

50. CASE IN BANKRUPTCY WANTED.-Can you refer me

in Chancery-lane, on Thursday, the 1st inst., the to a his or her responsalis or officially authorised ad Sth General Rule, under the Bankruptcy Act 1869, in following being present, viz.: Mr. Desborough vocate at law. In West's Symbolæography, A.D. which it was decided, I think, that the higher scale of (chairman), Mr. Steward, Mr. Carpenter, Mr. 1590, s. 352, attorneys are described as honest and costs applied where the debts exceeded £750, although Kelly, Mr. w. S. Masterman, Mr. Sawtell, Mr. learned. Chief Justice Mansfield described them the costs were below £200 ?

R. T. Sidney Smith, Mr. Styan, and Mr. Boodle (secreas liberal, respectable, and useful. In the case of

tary), a donation of £30 was made to the daughter 51. PROCEDURE.— Will

any of your readers have the of a member, grants amounting to £33 were made Hatch, Lord Eldon pronounced an attor- goodness to answer in your next issue, and give any ney to be not inferior in importance to a clergy- rule or authorities on the point, as to whether a Judge to the widow and daughters of four non-members, man; and upon one occasion Lord Tenterden of a County Court, having jurisdiction in bankruptcy, and two new members were elected. stated that he would have caused room to be made can hear any application or act in any other court other in his court for a person who described himself as

than that in which the proceedings in bankruptoy are
carried on ?

X a solicitor, if he had used the term attorney in.

LEGAL OBITUARY. stead. By 33 Hen. 6, c. 7, repealed by 6 & 7 Vict. 52. PARTNERSHIP. Smith and Howell enter into c. 73, the number of attorneys in Norfolk and partnership ander the style or firm of “Smith and Suffolk was limited to six, and in Norwich to two Howell.” This partnership is subsequently dissolved

NJTE.-- This department of the Law Times, is contributed

by EDWARD WALFORD, M.A., and late scholar of Balliol only. By 2 Hen. 6, c. 3, the Duke of Bedford was by mutual consent, Howell being paid a sum of money College, Oxford, and Fellow of the Genealogical and entitled to appoint his attorneys. The 3 Edw. 1,

for his share. He thereupon established a business Historical Society of Great Britain; and, as it is desired c. 29; 15 Edw. 2, st. 1; 4 Hen. 4, c. 18, and 3 Jac. Howell,” but in the directories ha describes himself as of his own, placing over his shop door "William to make it as perfect a record as possible, the families and

friends of deceased members of the Profession will oblige 1, c. 7, apply to the conduct and business of "William Howell (late Smith and Howell), dealer in

by forwarding to the LAW TIMES Office any dates and attorneys. The latter statute names also solici. antiquities).” Has he any right so to describe himself,

materials required for a biographical notice. tors-at-law, persons employed to follow and take seeing that this would lead people to suppose that his care of suits. According to an ancient authority, was the original firm? A reference to cases will oblige.

THE O'GRADY.

STELLA, they should be " free and voluble in tongue."

THE death is announced of William De Courcy Various rules of court and statutes made and

53. RIGHT OF ACTION.-Mr. Tibbs, having more dogs O'Grady, Esq., “The O'Grady," of Kilballyowen, enacted since the 13 Edw. 1, c. 10, define and than he required, desired his keeper (Jinks) to kill one county Limerick, barrister-at-law; he died reregulate the duties of attorneys and solicitors. (a setter). Jinks, howover, instead of killing the dog, cently, at his residence near Bruff, in the county In Maugham's Law of Attorneys, it is stated

Mr. 5

of Limerick, in the 58th year of his age. The that no statute affecting attorneys and solicitors

the dog from Mr. Poucher, or its value ? or can he sue was passed after 3 Jac. c. 7, until 2 Geo. 2, c. 23. in respect of the dog ?

Jinks for the £5, or bring any other action against him deceased was the eldest son of “The O'Grady,"

Don. of Kilballyowen, a magistrate and deputy-lieu. This Act regulated their conduct and provided for

tenant, and formerly high sheriff of the county of their registration, also enabling each attorney to 54. MARRIED WOMEN'S PROPERTY ACT. - A. some Limerick, who died in 1862. His mother was take two articled clerks for five years, one of years ago gave his wife B. a sum of money to invest in Anne, only daughter of William Wise, Esq., of which years,

by rule of court, 31 Geo. 3, might be his name in the Post Office Savings Bank, instead of Cork, and he was born in the year 1816. He was passed with the attorney's London agent. By which B. invested same in her own name, and after

wards deserted her husband. 1 & 2 Geo. 4, c. 48, the period of clerkship was

It is now desired to educated at Winchester, and at Trinity College,

obtain an order under the 9th section of the Married Dublin, where he took his B.A. degree in 1837, shortened to three years, in the case of a clerk Women's Property Act 1870, to enable A. to have the and proceeded M.A. in 1840; he was called to who has taken his degree at Oxford, Cambridge, fund invested in bis own name, and I shall be glad of the Irish Bar in 1840. The 'Milesian family of or Dublin. By subsequent statutes this benefit the opinion of any of your readers what course it is O'Grady, of which the deceased gentleman was was extended to the Queen's University in Ire- best to adopt to obtain the desired object at the least

expense

SUBSCRIBER,

the representative, is, says Sir Bernard Burke, land, and the London and Durham Universities :

one of the most ancient in the far west of Ireland; See 6 & 7 Vict. c. 73, and 14 & 15 Vict. c. 88. By 23 & 24 Vict. c. 127, 8. 5, the period of articled

and Dr. O'Brien, the late Roman Catholic Bishop Answers.

of Cloyne, in his “ Irish and English Dictionary,' clerkship is limited to four years, where a clerk

.stamp has passed any regular examination in any of sufficient in this case, as only one indenture is stseen assigns Conal.Eachluath, King of Munster, A.D. these colleges, whether he is a graduate or not; and See

Rushbrooke v. Hood' (11 Jur. 931, 17 L. 9., N..., 366, and sixth in descent from Oiliol-Olum (of the by sect. 7 writers to the signet, solicitors before his editi

: 15207,206, Sheres catequin Copeleando Stamps: Spain, who colonized Ireland), as the common the Supreme Courts of Scotland, or procurator cluded in the 'deed" one indenture, relating to one ancestor of the O'Gradies and the O'Briens, the before any sheriff's court in Scotland, may be subject matter, although embracing a variety of cove latter of whom is now represented by Lord admitted and enrolled as an attorney or solicitor nants." Their release appears "incident to the sale Inchiquin, of Dromoland, county Clare. The same in England on three years' articles ; and by 35 & 36 and conveyance of the property sold, as in Doe d. authority tells us that " when the latter house, Vict. c. 81, s. 1, a similar privilege is conferred on members of the Faculties of Advocates in Scot- be a distinct matter, so as to be included in the Starp wood Conv., 3rd edit., Prec. 56. It does not appear to subsequently, in the person of Brian or Brien

Boroimhe, the renowned monarch of Ireland, land. The articled clerk's privilege of passing Act 1870, s. 8, as a deed liable to separate duties. established an ascendancy of power in north one year of his clerkship with a pleader or

C. C. Munster or Thomond, of which they became herebarrister was conferred by 1 & 2 Geo. 4, c. 48, and 6 & 7 Vict. c. 73, s. 6, which latter statute re- (Q., 44.) LEGATEE-DUTY, – The question whether ditary rulers, the O'Gradies came to acknowledge pealed thirty-one statutes relative to attorneys, I on the further question,

whether the legacy was one of dynasts, or chiefs of a sept, under the banners

C. D.'s legacy is liable to duty at 10 per cent. depends their paramount sway, and were arrayed as docording to Mr. Foss. Rules of courts as to 'which C. D. could have had, if he had been so disposed, of these provincial princes." Sir Bernard Burke,

Hatch v.

?

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