« EelmineJätka »
mitted to the magistrates, they declined to approve place relative to the new tableof fees, and that depu. ditional on the clerk devoting the whole of his of the recommendation.
tation had an interview with Mr. Winterbotham, time to the performance of the duties of his office, The question although at that time apparently the Under Secretary of State, and conferred with that being a matter entirely for the justices to settled was not really so, for complaints were him on the subject of the resolution passed by the determine. Neither can the town council make from time to time made in the council and other council on the 12th Feb. last, and also to the new any stipulation as to what expenses shall be public places of the excessive amount the clerk table of foes to be made by the council and as defrayed by the clerk. All that a town council was receiving for the work done.
to the salary to be paid to the clerk to be appointed can do is simply to recommend that a certain zum Sheffield was not the only place where this in the place of Mr. Albert Smith, who had resigned shall be paid instead of fees. If that recommendasystem was found to exist. The question had for the office ;, when Mr. Winterbotham informed tion is adopted by the justices and by the Secretary some years been agitated in other large towns in them that he should be glad to receive and sug. of State, the Act of Parliamont defines for what England.
gestion from the council as to the proposed now duties the salary is to be received. It cannot be A Parliamentary Commission was appointed in table of fees, and would be prepared to consider for anything more or for anything less." 1858, and evidence taken upon the subject, the and sanction any reasonable recommendation Your committee deeply regret that the magis. whole tenor of which was that it was desirable to which the council might make as to the amount of trates should have thought it necessary to retire pay magistrates' clerks by salary rather than by salary to bo paid to the clerk. Mr. Winterbotham from the principle they had laid down, as to the fees. Since that time most of the large towns considered that £1800 per annum would be ample desirability of paying their clerk by salary rather have adopted the principle of payment by salary remuneration for the duties the clerk had to than by fees, as it must be admitted by all that instead of fees : Manchester, Liverpool, Birming perform, including payment of clerks and office the remuneration which the new clerk will receive ham, Leeds, Bristol, and Newcastle being amongst expenses, and he had no hesitation in saying that will be out of all proportion to the work he has to the earliest to carry out that improvement, and the Home Office would sanction such remunera- do. In order that the council and the public may Sheffield is about the only large town that has not tion.
be properly informed upon this head, Mr. Jack.
On the 29th Oct. 1873, the council passed the son, the chief constable, at the request of your On the 12th February, 1873, the council passed following resolution :
committee, has carefully prepared an estimate of a resolution recommending that the clerk to the Resolved : That in pursuance of the 14 and the fees that would be received by a clerk, as. borough justices should be paid by salary, in lieu 15 Vict. cap. 55, this council recommends to Her suming that the clerk took all the fees to which he of fees. The following is a copy of the resolu. Majesty's Secretary of State for the Home is entitled-that estimate is based upon the quan. tion:
Department, that the clerk to the justices of the tity of business actually done in 1871 ; and from it " Resolved–That in the opinion of this council, peace for this borough be paid by salary in lieu of your committee find that the total amount of fees the clerk to the justicos of the borough of Shef. fees and other payments, and that a salary of that would be received under the table of fees now field should be paid by salary, in lieu of fees and £1800 per annum be paid to the clerk to be in force will be £3616 108. 6d., and under the other payments, and that a salary of £2000 per appointed in the place of Mr. Albert Smith, who new table £3123 168., showing a difference of annum be paid to Mr. Albert Smith, the present has resigned such office, provided that the clerk £192 148. 6d. clerk, he thereout defraying the expenses of devotes his whole time to the duties of his office, The fees increase year by year, and it may be clerks, printing, stationery, and all other expenses
and defrays the expenses of clerks, printing, estimated that in twenty years time the income incidental to the office. That a copy of this stationery, and all other expenses incidental to from fees will amount to £5000 per annum, at the resolution be laid by the mayor before the justices his office."
least. of the borough of Sheffield, for their consideration
The resolution was forwarded to the Home Your committee have ascertained thatat Birming. and approval, and that subject thereto another Secretary, who stated that finding, from communi- ham the two clerks to the magistrates are paid by copy of the said resolution be forwarded by the cations which had been made to him from the salary, and are allowed £2100 per annum, which mayor to Her Majesty's principal Secretary of Sheffield borough justices, that they and the town sum includes the cost of clerks, stationery, &c. State for the Home Department, for his ap- council were not agreed upon the recommendation At Leeds, the clerk is also paid by salary and proval."
of the town council, and considering all the receives £1500 per aunum, which sum includes The above resolution was laid before the borough he would not be giving
effect to the provisions of sionery, &c.
circumstances of the case, he was of opinion that the cost of clerks; the corporation providos sta. justices on the 13th March 1873, aud the following the 9th section of the Act 14 and 15 Vict. cap. 55, resolution was passed by them approving of tho if he made an order upon such recommendation, borough fund, and the surplus of the amount of
The fees in those boroughs are paid into the recommendation "Resolved : That this meeting, after mature approved of it. until he had been satisfied that the justices fees over the salary of the justices' clerk relieves
the rates to that extent; and it is, in the judg. consideration, approves of the recommendations contained in the resolution of the town council justices, convened for that purpose, and held on
The mayor laid before a meeting of the borough ment of your committee, far more to the interest
of the public, and much less of a scandal, that now read, and that the mayor be requested to the 21sť Nov. last, a copy of the resolution passed funds should fructify in the pockets of the ratecertify the same to the Secretary of State, and by the council on the 29th Oct. 1873. inform the council of the approval by this
payers, than be handed over to public servants in meeting.”
The justices present were : Joseph Hallam, amounts greatly out of proportion to the value of
Esq., mayor; John Fairburn, Esq., ex.mayor; their services. The resolutions also received the approval of J. E. Davis, Esq, Sir John Brown, Henry E. But this excessive remuneration is not the only Mr. Albert Smith.
Hoole, Esq , William Fisher, Esq.,Edward Vickers, evil attendant upon payment by fees, for such The mayor forwarded the resolutions of the Esq., Mark Firth, Esq., and W. K. Peace, Esq. system has a very serious effect on the adminiscouncil and the justices to the Home Secretary, The resolution having been road, it was pro.tration of justice; it frequently happens that the who requested that a statement showing the posed by Sir John Brown, and seconded by Mr. merits of a case would be met by a nominal fine, average amount of fees received by the clerk H. E. Hoole, and resolved
but then the consideration of the clerk's perquiduring the last five years should be furnished to “That the justices of the said borough at this sites in the shape of fees obtrudes itself. The him, and Mr. Smith made the following return : meeting disapprove of the recommendation con- magistrate is often influenced by that considera. Receipts of Fees, showing the average for five years, by tained in the said resolution of the said town tion, and the general good is perverted by the Albert Smith, magistrates' clerk in petty and special council.”
question of fees or costs in which the interest of sessions for Borough of Sheffield, and Disbursements. Proposed by Sir John Brown, seconded by Mr. the clerk predominates. “ Discharged on payment £ 6. d. William Fisher, and resolved
of costs" is naturally a conclusion which would 1867 Total leeg received
... 3159 17 2 “That the justices present at this meeting wish relieve the defendant from any liability but for the Ditto
to place upon record the following summary of clerk's vested right; but its real reading is "dis1870
the grounds of their disapproval of the resolution charged so far as the interest of order, justice,
of the town council. First: That none of the and morality are concerned, but you must settle 3030 18 4
evils which under some circumstances attend with the clerk, whose interests and those of public £16,326 12 10 upon and outweigh the advantages of payment of policy are conflicting and incompatible.”
magistrates clerks by fees have hitherto existed in Your committee can only express again their Gross average per year Deduct West Riding fees, estimated
Sheffield, and the only reason avowed by the town great regret that such a favourable opportunity at one-sixth
council for effecting a change is the desire to of effecting so desirable a change should be lost.
appropriate a portion of the fees for the purpose It is continuing a practice that has been univerYearly average amount of borough
of increasing the borough fund. To sanction any sally condemned and abandoned whenever an fees received
£2721 2 1 such attempt appears to the justices to involve å opportunity presented itself : however, the council 1867 Gross disbursements
direct infringement of the doctrine emphatically and the public will see from this report that the
laid down by the present and late Secretaries of entire responsibility of perpetuating this most 908 0 0
State that such an application of fees involves a pernicious state of things rests solely upon the Ditto
public scandal; and that if the fees are more than borough justices and uot upon the council. 1871 Ditto 983 2 5 suficient for the purpose of remunerating the
John FAIRBURN, Chairman, clerk, they should be reduced. Further, the jus. Council Chambor, Sheffield, 4th Dec. 1873. £1953 2 5
tices, for whose assistance the clerk is appointed, A TABLE OP FEES TO BE TAKEN BY THE CLERK TO THE per year have no means of increasing a salary once fixed,
JUSTICES OF THE SAID BOROUGE. 990 12 6 Deduct one-sinta Tas West Riding in case they should find that the duties or expenses
£s, d. of his office are increased (and with an increasing of Parochial or other Officers (except Con.
population they must increase); 80 also a fixed stables), to contain the names of all the Yearly average amount of borough
salary must operate as a bar to the advancement persons appointed at the same time to tho disbursements £825 10 5
0 3 0 of subordinate clerks- & point of very onsider
Ol Special Constables under 5 & 6 Will. 4, c. Your committee find that the average net income able importance in the efficience of all adminis. 76, for each person, to include Notice, Oath, of Mr. Smith for that period has been at least trative duties; moreover, the paymont of a fixed and Certificate
0 1 0 £2000 per annum.
salary instead of fees leavos unprovided for a con. (No more than £22s. to be charged for On the 6th May 1873, the Home Secretary trans. siderable amount of labour and expenditure con
one day, irrespective of the number appointed.) mitted to the council a new table of fees, which nected with the police office, heretoforo defrayed
Certificate.-(Seo "Order.") had been prepared by the Examiners of Criminal by the clerk, although not incidental to the dis.
0 10 0 Law Accounts, and recommended the same for charge of his strict duties. Secondly, that the Return to and filing... adoption by the council, in the place of the table amount of salary recommended by the council is
Commitment.-(Soe “ Warrant.") of fees in force, a copy of which had been forwarded inadequate, considering the numerous staff of
Complaint.-(See " Information.") to him at his request. skilled and experienced clerks required to attend
Conviction. Unfortunately, Mr. Smith was taken ill, and on two courts, and in the clerk's office concurrently, Every Conviction (to include all persons con.
victed on the same charge)
0 2 6 Mr. Thorpe, his chief clerk, having died, Mr. and the large expenditure for payment of printers, Smith resigned the office of magistrates' clerk, stationery, books, and other matters. Thirdly,
Copy. and the council were compelled to begin again de that apart from the above reasons influencing the of Alehouse Licence, under 5 & 6 Vict. c. 44.. 0 2 6 justices in withholding their approval, the resolu. Of Depositions for Prisoners, per folio of 90
0 0 11 On the 13th Oct. last the council appointed a tion of the town council is in its terms objection; of Depositions for Prosecutor, per folio of 90 deputation to confer with the Home Secretary in able if not bad on its face. The town council
2939 16 4
5+1 4 5
932 0 0
1868 1849 1870
165 2 1
0 0 reference to the correspondence which had taken have no power to make any recommendation con Of any otber Document, per folio of 72 words 0 0 1
Criminal Justice Act.
£ 8. d. As to the settlement, removal, or maintenance £ 8. d. claimants paying a certain percentage towards it, For the performance of the several duties
of a Pauper or Lunatic, the Affiliation of a
which money, he was of opinion, would be well under this Act, in each case (when two or
bastard, the putting out of an apprentice, more persons are included in the same or in the case of fraudulent removal of goods 0 3 0
spent and would effect a great saving. In con. churge a single fee only to be taken) 0 10 0 Every other Order, Allowance, Adjudication,
clusion, he said that the Act had now been in Duplicate. or Certificate not otherwise charged
0 1 0 operation for many years, and under it property One-half of the original fee ...
Poor Rates, Local Rates, and Taxes.
to the value of millions had changed hands under Entry. For the Complaint, Summons, Duplicate or
compensation for damages, and he trusted that Of every Appeal
0 1 0
while venturing to suggest some amendments of
the Act, the main principles of it would receive Any sum over 203.
0 1 0
the consideration which their practical utility and Fines, Allowance of rate
0 1 0 Receiving, accounting for, and paying over
good work demanded. (to be deducted from amount paid over) at
Mr. Clark briefly proposed a vote of thanks to the rate of, for every 201....
0 1 0
the reader of the paper.
Mr. Ryde, in seconding the proposition, said in each case committed for trial to the ness, or witnesses bound at the same time in
that with regard to the amendment of the Lands assizes or sessions without regard to the
the same matter
0 2 0 Clauses Act two important suggestions had been number of prisoners included in the same
For each person after the first
0 0 6 thrown out by Mr. Philbrick. In the first place charge 0 10 0 Notice to each person bound
0 0 6 he advocated that the law should be amended, so Information,
as to give the opportunity of first contesting the Each information, complaint, examination, or Upon every hearing of an information for
right of the land to compensation before proceeddrunkenness, vagrancy, deposition (including oath) or statement of
offences against the
malicious trespass, party accused... turnpike, highway,
ing to the amount of compensation. To any such 0 1 0 Weigints and Measures and Wine Licensing
view he (the speaker) would have the greatest Juvenile Offenders Acts. Acts, including information, examinations,
objection, and whether in the interest of com. For the performance of tbe several duties
summous or warrant, hearing, conviction,
panies or not, nothing should be done to increase under these Acts in each case (when two or dis:ress warrant and commitment, to in.
the hardship upon the claimant. If the law were more persons are included in the same
clude every expense
0 4 0 charge, a single fee only to be taken) .. 08 0
amended, it would give to the company, not pre
pared to pay the money, opportunity for delay, For attending every special session, such an Of any prisoner from custody 0 1 0
which some companies would be certain to avail amount to be paid out of the Borough Fund
This was one question, of which To keep an Aleand Victualling House (besides
whole make up per day
1 1 0 the judgment of the institution would be serviceone shilling to the constable), 9 Geo. 4, c. 61 0 5 0
able. The other important alteration was that Transfer of such Licence (besides one shilling Every summons (to include four names) 0 1 0
there should be a court of appeal. It was very to the constable)
0 5 0
desirable that mistakes of all kinds should be For Indorsement of a Licence (5 & 6 Vict. c.
0 0 6 corrocted, but were there after all many mistakes 0 2 6 For Interim Certificate to keep house open to
Taxation of Costs.
made ? They must not cavil at the judgment; and next tropsfer day ...
0 2 6
In appeals against rates and amending rates... 0 5 0 taking a broad view, when the companies took & Every Billiard Licence and Precept (besides
proper course, were there any mistakes made, one shilling to the constable) 8 & 9 Vict. To commit after conviction, in which convic
and did many companies pay on the whole 050 tion is set forth
0 3 0 Every Licence to a Theatre (6 & 7 Vict. c. 68)
than they ought to pay? To provide carriages under the Mutiny Act... 0 1 0 for each calendar month 0 5 0 Every warrant to arrest, detaip, or commit,
The great objection would be that more liti. Every Licence to deal in Game and Notices... 040 to include the vaine of every person included
gation than was necessary would consequently Every Licence consent or authority not other.
in the same charge not otherwise provided
take place; and a company, not liking a wise provided for, including registration
0 1 0 decision, would appeal against it, and the matter when the same is necessary 0 2 6 Every other warrant
0 1 0 would go on till all the money would be spent in List. Return to wariant or backing warrant, includ.
litigation. One of tho clauses of the amended Every List ...
0 1 0
Act of 1869, which dealt with the question of
Provided always that nothing herein contained costs, did nobody any good, he thought, and in. Every notice not otherwise provided for 0 1 0 shall be construed to authorise the demand of any jured companies more than anybody else. Arbi. Oath.
fee contrary to the provisions of any Act of Par- trators considered, according to this clause, that Every Oath, Affirmation, or Solemn Declaraliament now or hereafter to be passed.
their clients would have to pay the costs of the tion (not otherwise charged)
0 1 0 No fees to be taken in indictable offences, in action if they did not recover from the company, Order. adjudications under the Criminal Justice or
and so the objectionable clause was bad in prin. On County Treasurer (not otherwise specified) 0 0 6 Juvenile Offenders Acts, or in summary convic- ciple, and was a miserable failure, and it urgently Order, Certificate, or Record of proceediugs
tions in addition to the fixed fees above-mentioned, required amendment. in case of deserted premises, or relating to a Highway, Bridye, or Nuisance, or upon an
nor for reswearing any person to any examina. Mr. Philbrick explained that it was never his Appeal against Parochial Rates, or for pro
tion, nor for any oath, affirmation, or declaration, intention to suggest that any alteration of the tecting separate property of a Married
to obtain pay, pension, or allowance from Govern. system should be effected when once the amount Woman 0 2 0 ment, a friendly society, or charitable fund.
of compensation was fired, but as to errors of
principle he intended his remarks to apply. BOROUGH QUARTER SESSIONS.
On the motion of Mr. Ryde, the further discus.
sion of the paper was adjourned till the 19th inst., Borough. When holden.
What notice of
Clerk of the Peace. and the proceedings then terminated.
F. W. Jones.
G. Meadows. King's Lynn.. Thursday, Jan. 15. D. Brown, Esq., Q.C..
T. G. Archer.
COMPANY LAW. New Windsor Monday, Jan. 12
A. M. Skinner, Esq., Q.C.
G. S. Butler.
EUROPEAN ASSURANCE ARBITRATION. Southampton Monday, Jan. 12 T. Gunner, Esq..
E. Coxwell, "Wigan Wednesday, Jan. 28. J. Catterall, Esq.
Tuesday, Jan. 6.
(Before LORD ROMILLY.) REAL PROPERTY AND injnry to the former owner of the land who re.
THE ANGLO-AUSTRALIAN COMPANY'S CASE. CONVEYANCING.
quired compensation. The Act had to deal with Rights of Companies inter se-Liability to indemvarious intricate and involved points; they had to nify-Limitation-Deed of Settlement,
consider positive law, or law laid down by enact. The question in this case was whether the liability THE LANDS CLAUSES ACT.
ment. Obviously, therefore, they should know of the British Provident Life and Fire Assurance AT & meeting of the Institution of Surveyors, exactly what they intended to effect, so as to be Society to indemnify the Anglo-Australian and held last Monday evening at its rooms, Great clearly understood, and to devise proper machinery Universal Family Life Assurance Company was George-street, Westminster, Mr. F. A. Philbrick, to the results desired to be attained. It was very limited or unlimited. These two companies were read an important paper on “ The Lands' Clauses necessary that the principles of compensation registered and incorporated under 7 & 8 Vict. Consolidation Act, with some suggestions for should be clearly laid down. The purchase of the c. 110.
In 1858 the Anglo-Australian Company their amendment.”
real estate involved, amongst other things, (1) transferred its business to the British Provident In the course of his remarks he said that the parties able and competent to contract, and (2) Society. This transfer was carried out by means Lands' Clauses Consolidation Act 1845, with the the price to be paid. With regard to the fixing of an amalgamation deed, dated the 1st June 1858, amended Acts of 1860 and 1869, presented a of the price, there were lands such value that and another deed of the 28th Oct. 1858, whereby tolerably complete code of law on the subject. it was impossible to fix a price so as to tempt the the whole of the property of the Anglo-Australian It was formerly held that no subject could be com. owner; but the law was a fixed principle in all Company was assigned to the British Provident pelled to part with his property ; but as the wenlth cases, though it should be borne in mind that Society. The former deed contained a covenant of the country increased, and the population also, hard cases made bad law. With regard to the by the British Provident Society that the sharethe wants of the community became greater, and Statute of 1845, he objected to the careless manner holders of the Anglo-Australian Company should, hence it was necessary for Parliament to grant in which the Legislature had framed the Act, out of the funds and property of the British Procompulsory powers for the taking of land for giving rise as it did to 30 many contentions. | vident Society, be tely held harmless, and building, railway, and other purposes. The Speaking of the question of arbitrations, he indemnified against all liabilities in respect of the earliest Act of this character was the New River thought that it was a useless formality for an Anglo-Australian Company by reason of their Act of 1605, which was framed for the purpose of arbitrator to make a declaration before proceeding execution, as shareholders, of that company's deed bringing a free stream of running water to the to award. The question, too, of the taxation of of settlement. Some time after a shareholder of northern part of London. The necessities arising costs involved many difficulties which, he trusted, the Anglo-Australian Company presented a petifor the making of streets, roadways, docks, and would be taken into account, causing as it did tion to the Court of Chancery for winding-up the other works of an important public nature, speci- great inconvenience. But when the different company, but Kindersley, V.C. dismissed the peti. fics for these objects were sought for and clauses were framed, they were not so well under- tion with costs on the 20th Jan. 1860, one of the obtained through Parliament; and these appli- stood as they were at present. He would suggest grounds for his decision being that the British cations had been of late years very numerous, the amendment of the 47th section of the Act, Provident Society would, under the deed of the 1st especially towards the latter part of the last which referred to the jury proceedings. He would June 1858, have to pay all the debts of the Anglocentury. The Lands Clauses Act was pretty also advocate the creation of a court which should Australian Company in exoneration of the share. general in its provisions. The power of pur. be presided over by judges and subject to a high holders of that company. In June 1860, the Anglochase by agreement was expressly limited to those court of appeal, which cou should charged Australian Company filed a bill against the British lands which were authorised to be taken. The with the duty of deciding all things arising out of Provident Society, praying that that society might taking of land involved the purchase, though the the Lands Clauses Consolidation Act; the funds be compelled to perform specifically their contract purchase of the land might involve damage or I would, he thought, be easily obtainable by all of indemnity contained in the deed of the 1st
June 1858, and to pay the debts of the Anglo that until such memorial were enrolled the trans. tiff, and the remainder of which she had paid in Australian Company. In June 1861, the British feror should continue liable to all judgments and instalments. Provident Society filed a cross bill against the executions. In 1859 negotiations were commenced W. Mann, who appeared for the plaintiff, said Anglo-Australian Company, praying that it for transferring the business of the British Com- the defendant was a married women, living apar might be declared that the deed was obtained mercial Company to the British Nation Life As. from her husband, supporting and maintaining by fraud and misrepresentation, and that it surance Association. This association had power herself by her own industry, and receiving no should be delivered up to be cancelled. On the to take a transfer of, or to purchase, or to acquire assistance from her husband, whom she had not 13th Jan. 1862, Staart, V.C. made a decree that the business of any other companies of a similar seen for five years. The question which would the British Provident Society was bound, accord nature, upon such terms as might be thought fit. arise in the case was whether she was liable for ing to the terms of the deed of the 1st June 1858, The negotiations for the transfer were commenced debts apart from her husband. She was currying out of the funds and property of the British Pro by a letter sent by the secretary of the British on a separate business of her own in Southport, vident Society, absolutely to hold harmless and to Nation Association to the directors of the British and he might take it that she was carrying on that indemnify the Anglo-Australian Company against Commercial Company, proposing a “union of the business in accordance with the first section of all liabilities. The decision was subsequently business ” of the two companies upon certain the Married Women's Property Act, and that all confirmed on appeal by Lord Chancellor West- terms, one of which was " that the shareholders the property which she had become entitled to bury. On the 22nd April 1864, on the petition of of the British Commercial should be paid off at since she had been carrying on the business sepapersons claiming to be creditors of the British the rate of 25s. per share, and their shares trans. rately would be her separate property, held for Provident Society, Kindersley, V.C. declared that ferred.” This proposal was subsequently approved her separate use, independently of her husband. the Anglo-Australian Company was entitled to by extraordinary general meetings of both com. She was therefore, clearly possessed of property stand as a creditor of the British Provident panies. The arrangement was carried out in this independently of her husband, and the 11th Society in respect of the debts undertaken by the way : Bya deed dated the 8th Feb. 1860, a large num. section of the Married Woman's Property Act deed of the 1st June 1858. In pursuance of this ber of the shareholders covenanted with Messrs. gave her the power to sue for any debts that order, the whole of the liabilities of the Anglo- Bemingham and Lake to transfer their shares into might be owing to her in respect of that property. Australian Company were paid by the British their names or into the names of their nominees, There was certainly no section in the Act imposing Provident Society, except those on certain policies and in the meantime to hold the shares in trust on a wife a liability to be sued in her own name, contained in the schedule of the deed of amalga. for Messrs. Bemingham and Lake. A very large but he suggested that the fact of the Act having mation. Mr. Harman and Mr. Pratt held two of number of shareholders executed this deed, and vested property separately in her and given her these policies and were declared by Lord West. subsequently transferred their shares. Á few the exclusive control over it, implied a liability in bary in June last to be entitled to prove on their neither executed the deed nor transferred their her to pay debts in respect of that property or the policies against the Anglo-Australian Company. shares. By a deed dated the 7th June 1860 business by which she acquired it. Taking it as a This company now applied that the British Pro Messrs. Bemingham and Lake declared themselves matter of contract, he contended that the fact of vident Society might be ordered to pay Messrs. to be trustees of all shares transferred to them for a husband allowing a wife to carry on business Harman and Pratt the claims they had on the the British Nation Association. Finally, by a separate and apart from him impliedly conferred Anglo-Australian Company. The case was heard deed dated the 31st Dec. 1864, after reciting inter upon her a power to contract debts in her own on the 3rd Dec. In the argument,
alia that the shares transferred into the names of name. It was clear that in equity a married Shebbeare appeared for the Anglo-Australian Messrs. Bemingham and Lake were all the shares woman might bind her separate estate by a con. Company and contended that these claims must be of the British Commercial Company except some tract, and it was a question whether she had not paid in full by the British Provident Society, few shares, the owners of which were unknown, it power to do so by law. This property in her inasmuch as they had in express terms covenanted
was witnessed that the holders of 11,880 shares business was vested in the defendant, and it was to indemnify the Anglo-Australian Company abso- (out of 12,000 shares) transferred them to the only a reasonable inference that a wife should be lately.
British Nation Association " to the intent that the enabled to bind her separate estate by a contract. Napier Higgins, Q.C., and Montague Cookson British Commercial Company and the capital and
Smith (of the firm of Smith and Boyer) argued appeared for the official liquidator of the British business thereof might thenceforth be amalga- that as far as the Married Women's Property Act Provident Society. They did not dispute the mated and merged in the British Nation Associa
was concerned, there was no implied liability such Liability under the covenant, but contended that tion.”. Mr. Chatteris held five shares in the
as that contended for, because if there had been the terms of the British Provident Society's deed British Commercial Company, and on the 7th
any intention to set aside a long-established prin. of settlement were such as to limit the liability of March 1860 he executed the deed of the 8th Feb. ciple of law, there would have beon an expressed the shareholders to the subscribed capital of the 1860 in respect of his shares. Nothing further provision to that effect. There was no question company; and that, consequently, it was not comwas done by him. He never received any con.
of separate estate in this case, and no pretence petent for the directors to cast upon the share. sideration in respect of his shares. In 1872 an
that the wife had pledged her separate estate. holders an unlimited liability in respect of the order was made to wind-up the British Commer
His HONOUR said he was not aware that this indemnity of the deed of the 1st June 1858. cial Company, and the official liquidators now Reference was made to the following cases, in applied to have Mr. Chatteris's name placed on the question had ever been raised before. The defen. which the liability was held to be limited ? Re list of contributories.
dant was a married woman, living separately Indemnity Claims (Reilly's Alb. Rep., p. 17; 15 Napier Higgins, QC., contended at some length from her husband and carrying on business sepa. L.), 141)Re British Nation
Indemnity claims that to free Mr, Chatteris from all liability would rately from him, and the goods in respect of (Reilly's Europ. Rep. 3; Law Times' European be in effect to undo the decision of Lord Westbury which she was sued were goods supplied to her Reports, p. 4). in Blundell's Case (L. T. Eur. Rep. 39). It was
in the way of her trade. Certain payments had Lord Romilly delivered judgment. After true that Mr. Rivington had been freed from all been made on account of those goods, and she was stating the facts of the case, his Lordship liability (Rivington's Case, L. T. Eur. Rep. 57), now sued for the balance remaining due. In said that Lord Cairns's decision in the former of but that case differed from this in several impor answer to the claim the defendant set up the plea these two cases turned upon the terms of the tant particulars. Here there was no transfer of of coverture, and the question was whether that
It was perfectly contract, and all his argumen tended the shares, and consequently no enrolment. Mr. plea was a good defence.
law it would be a show that in this case his decision would have enrolled memorial. Moreover he never received good defence for a married woman had no
Chatteris still appears as a shareholder in the last clear that in omnelled the British Provident Society to pay the sliabilities on the policies of Messrs. Harman any consideration in respect of his shares. All he power to contract such a debt as that in ques. did was to execute the deed.
tion by the common law. But it was suggested and Pratt. Moreover, there was an express deci. sion to this effect by Stuart, V.C., and confirmed contended that the case was governed by Riving-sects. 1 and 11, the liability contended for in
F. C. J. Millar appeared for Mr. Chatteris, and that under the Married Women's Property Act, on appeal by Lord Chancellor Westbury. Lord ton's case, where Lord Westbury laid it down the present case was imposed upon a married Cairns's decision on fact that that the formalities of transfer were necessary
by . there was not in the case before him any power to amalgamate, and that the directors acted ultra only in the case of a going company, and that the From the language of the 1st section it struck vires when they attempted to alter the funda- transaction between the two companies was not him that it was clearly enabling. It gave a mental principle of the original deed of settlement ultra vires, and after this lapse of time could only married woman the power to acquire property for be disturbed as a whole, not by fragments.
her separate use, and it did not impose any by giving to the directors a new authority to cast
After hearing Higgins in reply,
liability on her that she was not subject to before. on the shareholders a liability exceeding that which would arise from the amount subscribed on
Lord ROMILLY reserved judgment.
By the 11th section a married woman was em
powered to maintain an action in her own name the original shares. The cases before Sir John
to recover earnings or other property declared by Stuart, Sir Richard Kindersley, Lord Cairns, and
the Act to be her separate property. That was Lord Westbury all substantially pointed in the
clearly an enabling enactment, and such being the same direction, and tended to show that the
case the question was whether he was to infer that liability of the British Provident Society under
not only had this ability been created, but that a the deed of the 1st June, 1858, was an uncondi.
MANCHESTER COUNTY COURT.
liability had been likewise imposed. Inasmuch as tional liability not limited to the subscribed capi.
Tuesday, Jan. 6, 1874.
the statute did not impose any liability in respect tal of the company.
(Before J. A. RUSSELL, Q.C., Judge.) to the property mentioned in sects. 1 and 11, the M'GOVERN v. HINKEY.
liability of the woman stood just as it did at
common law. But did not the statute itself show CHATTERIS'S CASE.
Married fomen's Property Act-Liability of mer that, in expressly making her, in sect. 12, liable
ried woman to be sucd. Contributory-Amalgamated companies-Release H., a married woman, carried on business at S., He could not, therefore, go beyond the letter or
in respect to debts contracted before marriage. of sharehouder of amalgamated company. apart from her husband, and received no assis- the spirit of the Act, which was clearly enabling This case involves the curious question as to tance from him. The property acquired in the to a woman, but not rendering her subject to any whether, in the British Commercial Insurance business so carried on was admitted to be her liability
except such as was expressly imposed Company, which has been ordered to be wound. separate property, under the first section of the upon her. He thought the liability of the defen. up, there shall be more than one contributory- Married Women's Property Act. She was sued dant stood just as it did in common law, and she viz., one of the amalgamated companies, the for a balance of money due for goods supplied to
was not, therefore, liable in this action. He dis. British Nation Life Assurance Association. The her in the way of her trade.
missed the case. British Commercial Company was established | Held, that the ilth section of the Act does not
Smith, on behalf of the defendant, applied for under a deed of settlement, dated the 1st May impose a liability to be sued, but only enables a costs, which were granted. 1821. This deed contained no provision enabling married woman to maintain an action in her the company to transfer its business to, or to own name to recover earnings or other property amalgamate with another company. It contained declared by the Act to be her separate property. various provisions prescribing the method of W. Mann, solicitor for the plaintiff.
MIDDLE TEMPLE HALL.-Mr. Watts, R.A., transferring shares from one proprietor to another. Smith, solicitor for the defendant.
has been engaged by the Benchers to paint the Subsequently an Act of Parliament was passed The plaintiff, John M'Govern, haberdasher, portrait of H.R.H. the Prince of Wales, which is enabling individual partners in the company to Union-street, Manchester, sued the defendant, to be placed in the Hall, with the consent of the transfer their shares, and providing that on every Margaret Hinkey, draper, 95, Lord-street, South- Prince, who has complied with the request of the transfer of shares a' memorial thereof should be port, for a sum of £15 126., the balance of a debt Benchers that his portrait should be painted for enrolled in Chancery within three months, and' of £35, which she had contracted with the plain. 'this ancient society.
BANKRUPTCY LAW. he can, and to pay as little as he can help. (Hear, please, without abolishing en tail altogether, sag.
hear.)' I imagine that there are few vendors or pond its action so far only as it operates as a re
parchasors actuated by the laudable desire to give striction upon the improvement of land-that is NOTES OF NEW DECISIONS.
a larger slice than they can help to their legal to say, as regards expenditure for such purposes EVIDENCE-UNSTAXPED LETTER, OR ORDER advisers. (A laugh.) If there be any such bene. and such purposes alone--you might with proper TOR PAYMENT OF MONEY-WHETHER ADMIS. volent people, I fear they are already in Littlemore protection open the entail and allow a man to act SIBLE-TA: STAMP Act 1870, 88. 16, 48, 54.-A Asylum, or are soon going there. (A laugh.). I as freely as if he wore owner in fee. There would letter or order directing the payment of a sum of know I am treading on dangerous ground; but not be much danger in that, for men are
ot apt money out of a particular fund is a bill of exchango still I will venture to affirm that if a reform of to be spendthrifts in improvement. They are within the meaning of ss. 16 and 48 of the Stamp this character is opposed, it will not be by the much more likely too spend too little than too Act 1870, and as such will not be received in landed interest, but by a class of man far more much. Some such intermediate course as this evidence anless it has been properly stamped at influential than Solicitors-Genoral I mean would appear to have been the adequate conclu. the time of the making thereof : (Ex parte Shel. solicitors in particular. (Hear, and a laugh.) sion from the premises established by the House lard; Re Adams and Kirby, 29 ł. T. Rep. N. S. But these things are only the fringes of a great of Lords' report; but this is cely a partial and 621. Bank.)
question ; there remains behind a far more material imperfect remedy. What is really waited is to SAARES-ASSIGNMENT OF-DECLARATION OF topic. I hear very frequent denunciations of what unite the actual dominion more completely with Trust-ORDER AND DISPOSITION-CHOSE IN is called the feudalism of the land laws. I am bound the nominal possession-to give to each genera.. ACTION-THE BANKRUPTCY ACT 1869, 8. 15, 8UB. to tell you that that is not an accurate description. tion a fuller control, and therefore a greater in. SECT. 5.-A. was the registered owner of certain with a few exceptions, to some of which I have terest in the improvements it may make to emanrailway shares, which had been deposited with adverted, the laws which govern the devolution of cipato land from the restraints incident to a too him by B. as security for advances. B. assigned land are very much the same as those which limited ownership. (Hear, hear.) You need not the shares, subject to A.'s charge, by way of affect other kinds
of property. But that does not fear for “ the inheritance." The unlimited energy declaration of trust to C. for value. On B.'s settle the question. If a man misuses a large of the English people will do enough and to spare bankruptcy, C. claimed the shares as his property, personal estate, he alone is the worse for it. If for the protection of the inheritance.” To make subject to the lien of a., but the registrar of the Le ruins a great landed estate, he damages hun. inen more completely masters of their own prc. County Court decided against him. Or appeal: dreds of people who reside upon and are depen. perty, having due regard to rights already vested Held (reversing the decision of the registrar) that dont upon it. That is in itself a reason why the -to give them a more direct and personal interest the shares were not in the order and disposition law which allows the limitation of the one should in the improvement of the soil-that is not confis. of B., and that he held them in trust for C.: (Ez not allow the same extent of limitation in the cation. (Cheers.) I do not desire any coercive parte Barry; Re For, 29 L. T. Rep. N. S. 620. other. Every one, I imagine, is agreed that the legislation-all I wish is that the law should not Bank.)
great want in the case of land is tho want of more afford special facilities and direct encouragement BILL OF EXCHANGE-POSTING IN LETTER an. capital applied to the cultivation of the soil. to arrangements which are injurious to the DRESSED TO INDORSEE-ATTEMPTED STOPPAJE (Hear.) In the present state of agricultural community. The law which alune gives the IN TRANSITU-RULES OF FRENCH Post OFFICE. science capital can be applied with far more power to a man to do anything at all after -The rules of the French post office allow a per- advantage than formerly. In order to its proper his death, may and ought to prescribe the son who has posted a letter to have it returned to development a capital twice or perhaps three limits within which that power shall be ex: him at any time before it has been dispatched times greater than that usually invested is neces. ercised. It has already done so to a great from the office where it was posted, upon satisfy. sary and profitable. It is only by an increase of degree, and it may do so with advantage yet ing the functionaries that he is the person who capital that we can increase that fund which will more. Much, perhaps the greater part, of what is posted the letter. C. posted at Lyons a letter, gield a larger rent to the owner, a larger profit to wanted, must be accomplished not so much by addressed to D. of London, containing certain the farmer, larger wages to the labourer, and legislation, as by convincing settlers that such bills of exchange on London, indorsed to D. On which at the same time will give more abundant entails are not desirable. But if the law did not the same day °C. received a telegram from D., and cheaper food to the public. (Cheers.) Surely offer the facilities, they would not be made. I do stating that a foreign bill in exchange for which that is not a dangerous or mischievous object? not wish to exaggerate the matter. I do not tell the bills on London were sent would be dis. (Cheers.) Now, is there anything in the present you this will do everything; but in my judgment honoured, and requesting him not to remit. c. state of the law which discourages the application it will do much. If we can effect this, then the thereupon sent his clerk to the Lyons post office, of such an increased capital to the soil ? It can- land of England will be like a rich mine of wealth from which the letter had not yet been dispatched, not be disputed for a moment that the law of under our feet, capable of being developed for the to reclaim the letter, but through the clerk's entail, in spite of all the measures that have been advantage of the present and the coming generamistake the requisite formalities were not com: taken to mitigate its effect, is still a hindrance to tions of a great and a growing people., (Cheers.) plied with, and the letter was dispatched and the application of capital to the land. Nobody It is not really a question at all of large or of reached D. in due course. The day after he re. knows that better than the members of the House small estates. A man may be poor on a large ceived the letter D. filed a petition for liquidation, of Lords. Their report states the case very fairly. estate and rich with a small one. What is wanted and the bills of exchange contained in the letter They say, “The case for parliamentary consider for the good of the community is that land should came into the hands of the trustee in the liquida. ation lies in this, that the improvement of land not be artificially kept in the hands of persons tion. Held, that owing to the rules of the French in its effect on the price of food and on the dwell. who are so impoverished that they cannot do juspost office, the property in the bills would not ings of the poor is a matter of public interest, but tice to the soil or to those who live upon it. Any pass till the letter containing them was dispatched as an investment it is not sufficiently lucrative law which helps to prevent land passing freely from the office where it was posted ; and that as to offer much attraction to capital, and that, from those who cannot to those who can do well C. had with D.’s assent made a bon i fide attempt therefore, even slight difficulties have a power by it is economically a bad law. (Hear.) You to recover possession of the bills before the letter ful influence in arresting it.” What are the cannot hinder this happening in all cases, it is true. was dispatched from the post office, the property slight difficulties which have this powerful and You cannot make a man sell an encumbered estate in the bills did not pass to D., and C. was entitled baneful influence? Why, the Lords admit that if he does not choose, but you can enable him to do to have them delivered up to him: (Ex parte Cote; it is the limited ownership created by the law of You can prevent the law being employed to Pe Dereze, 29 L. T. Rep. N. S. 598. Ch.)
entail, and they proceed to deal with it on that make it impossible for him to do that which is for footing. My only wonder is that, having under the good of the community. I know there are
stood so clearly the evil, the remedy they offer is those who, admitting that the economical results of LEGAL NEWS.
so little adequate to the disease. It is quite true the law of entail, are injurious, maintain it from
that in great families, like the Devonshires, the social considerations. They think it tends to keep up THE SOLICITOR-GENERAL ON FRIMO. the margin is so large that 'the pinch is not felt lies. If they are made of good stuff, like old wine,
Sutherlands, the Bedfords, and the Leicesters, old families. I have no aversion myself to old fami. GENITURE, ENTAIL, AND LAND LAW It is in the moderate estates, which form the bulk they grow better by keeping. If they come of a REFORM.
of the land in England, that the evil reveals itself. bad vintage, the longer you bottle them the worse In the course of his speech at the Oxford Druids' (Hear hear.) A tenant for life is in possession of they grow. (Cheers.) If a man is fit to support dinner, last week, Sir Wm. Harcourt said : Before an estate say of £5000 a year, his income is little a great name, he will not want the law of entail going to the main question, let me dispose of a few more than sufficient for the wants of his station ; to sustain him in the station to which he is born. minor points. First, there is what is called the the entailed land must go to his eldest son. How If he is not fit, the worst thing that can happen Law of Primogeniture. (Hear.) That is a big is he to provide for bis younger children, the power to his race is that he should be bolstered up in & word, but it is not a large affair. To alter it of charging being, as it often is, either insufficient position which he discredits. (Cheers.) I have would neither effect such changes as some fear, or already exhausted? Why, by saving for them known more families ruined by the law of entail nor would it operate at all to the extent which the money which ought to go to the land. Or, than ever were saved by it. (Hear.) To me the some hope. I don't know that any one wishes—I suppose a man has a eldest son who has involved ordinary settlement of a strict entail seems the am sure I do not-to prevent any man from dis. himself irretrievably in debt - why should he most unnatural domesticarrangement that ever was posing of his own property at his death as he spend his savings on the estate only to benefit the conceived. A man has a son whom he has begotten, pleases. The right to do this is one of the greatest usurers who will absorb it by and by ? Or sup. whom he has educated, whom he knows, whom he stimulants to industry and prudence-things in pose he is childless, will he spend his money on loves, whom he trusts; but it is not to him that he which society is deeply interested. (Hear, hear.) | the land for the benefit of the heir of entail, or confides the real dominion over that estate which is As you will presently see, what I desire is to make will he keep it for those whom he desires to benefit his pride. It is the unborn grandchild, of whom the right still more absolute than it already is. by his will ? Why should he spend £20,000 to day he knows nothing, who may be an idiot or some. But when a man is unwise enough to die intestate on necessary farm buildings or drainage when the thing worse, who is made the real master both of the law, in the case of his goods, makes for him benefit of the whole may go to-morrow to a man the father and the son. (Hear.) What is the such a will as a just and fair man might be ex. he does not care sixpence about ? Take another consequence of this state of things? It is the pected to make. In the case of land, on the con. A man has several daughters and no son. cause of more domestic misery and dissension trary, the law makes a will which no conscientions | The property is to go to some distant kinsman than anything else in the world. It inverts the man in his sound mind would make. It accumu. whom for that very reason he probably does not relation of father and son, it makes the son the lates on one child the whole of the estate, without love-what will he do with his money Will he proprietor and the father the tenant of the estate. rogard to the interests of those for whom any expend it on the estate for the benefit of the heir, (Hear, hear.). It destroys parental influence, it good man would feel bound to provide. Surely, or will he save it for his children? Now, here are subverts filial respect, it makes the son the to reform such a state of the law would be a just four cases—I could give you fifty more-where natural antagonist of the father, it makes the and a wise policy: (Cheers.) It need not lead to the law of entail beyond dispute diverts capital father too often the enemy of the son. Why is it subdivision, for in the case of small properties from the land. It is said men desire to make that we see fine boys, hardly out of their teens, the estate might be sold for the benefit of all. settlements for the benefit of their families. Of who might have been a credit to their race, an Well, then, as to the transfer of land, every one course they do, but it is not necessary to make an honour to their name, doomed to early bankruptcy agrees that the present system of conveyancing entail for that. You may charge your estate and premature ruin? Why is it that they fall a and charging is costly, dilatory, and vexatious. without entailing it (hear, hear); and an estate prey to the gambler, the blackleg, and the money. (Cheers.) Who objects to an amendment of that so charged may be freely dealt with subject to lender? Why, because they have got an indefeasi. state of things ? (Cheers.). Not, I suppose, the the charge. I wish the system of charging were ble reversion to sell; because from their cradles proprietary class. (Hear, hear.) Every one who made, as it might easily be made, simple, and less they have been made their own masters ; because, buys or sells, I imagine, wishes to get as much as I cumbrous than it is. You might, perhaps, if you by a fatal entail of ruinous independence, they have
been emancipated from that wholesome con. and manly course on the present question. It or, indeed, since the Cromwellian settlement, fully trol which might have saved their inexperienced recalls the fact that in 1862 a Royal Commis. account for the necessity. In Scotland there are youth from becoming the slave of its own sion reported strongly against the proposed few judges, but sufficient in proportion to the passions, the victim of its own vices. To me, reduction, and states that since that time the legal business and population. "In England there at least, the law of entail seems to be not business of the courts has increased. Summing are not sufficient judgos for the work, nor are they only an economical error, but a social mistake, up its objections, it says that." lopping off an Irish sufficiently paid, as is amply proved by the fact too often a domestic calamity. If a man has a judgeship would be a crucial instance of false that in a late instance an English judge actually worthy eldest son let him by all means leave him economy. It would injare a great institution, be lost his reason from overwork; others have lost his estate ; but if he is not worthy why should the unpopular with a whole nation, be regarded with their health and lives from the same cause. law lend its aid to arrangements which compel disfavour by an entire Profession, and save-ono Secondly, the business is much in arrear; and, such & destination? What father would not de- penny in every eighty pounds of the national ex- lastly, the leaders of the Bar are not willing to sire himself to have control of his estate, however penditure.” The Daily Express admits the public accept the dignity with its emolument, in exchange willing some fathers may be that their sons should are anxious that efficiency should be combined for their professional income with its attendant be limited ? (Cheers.) I speak as a father myself. with economy, but protests against the proposal exertion. We shall return to this subject next If I were the possessor of a great estate I should that there should be only three judges in each of week in reference to the vacancy on the Bench like to have the power to leave it at my death to the common law courts. It points ont practical created by the lamented death of the late Chief a child who was worthy of it. I should like to be difficulties in the way. The extent of the circuits Baron.-Irish Law Times. able to provide for those for whom I ought to pro. should bo enlarged and the number of them vide. What I should most deplore would be to see diminished, and the effect would be that for seven SUICIDE OF A BARRISTER. - Mr. Gilmore the home I had cherished pass against my will into months in the year suitors would be left without Evans, who has received, recently, a valuable the hands of those who would discredit it (cheers) a judge in town to transact the necessary busi. Government appointment, committed suicide on -to be compelled to consign a tenantry and a In the Assize Courts the judges have duties the 2nd inst., at his chambers, in London. peasantry I had loved to the charge of one whom to perform which do not devolve upon the judicial On Saturday afternoon Mr. W. J. Payne held I knew would neglect them both. Believe me, bench in England, such as the fiating of present an inquest at 3, Serjeant's-inn, Chancery-lane. this is & reform which ought not and which can. ments from the grand juries and the hearing of Mr. Goodman, solicitor, of 89, Chancery-lane, not be long delayed. (Cheers.) It is not an in- appeals from the decisions of the chairmen of having identified the body, Mrs. Wright, the vasion of the rights of property, it is an enfran. quarter sessions, to which a new class has been housekeeper of 3, Serjeant's.inn, deposed that the chisement, an enlargement of those rights. The added since the passing of the Land Act. They deceased had been in ill-health for some weeks French writer, to whom I have already referred, already spend from two to three months on the past, but on Thursday evening appeared more and who is a great admirer of the English character, circuits, and if these periods were extended the cheerful than usual, when she took him his dinner who contrasts with mournful envy the stability inconvenience arising from their absence from at a quarter past 6. The next morning she went of our institutions with the political fortunes of town would be proportionately increased. Besides upstairs to call him about 8 o'clock, but getting France, makes the following observations. Allud. this, the reduction in their number would create po answer to her repeated knocks at the door, and ing to this very subject of the law of entail, which & difficulty in supplying the materials for an being fearful that he might have become ill, she he regards as the one great blot upon the rural appellate jurisdiction in the event of the Act of sent for Mr. Hall, the locksmith, of Fetter-lane, economy of England, the speedy removal of which last Session being extended to this country; and who broke open the door. Witness then went he confidently anticipates from his study of Eng. the present constitution of the Courts of Appeal, into the bed room, and discovered Mr. Evans lish political habits-says, “It must not be sup. not only that in Chancery, but also the Exchequer !ying dead in bed, with a small revolver grasped posed that the English make no revolutions; on Chamber, is so unsatisfactory that the interests in his left hand, and a large pool of blood upon the contrary, they revolutionize to a great extent. of the public require that it should be remodelled the floor, which had flowed from a wound in his They are always at it, but in their own quiet way, and placed upon a basis which would give general head. She at once sent for a doctor and the police, Thus, they attempt only what is possible and confidence. Besides the difficulty of providing but the services of the former were of course an. really useful, and one may be sure that at the for the circuits as they are now managed, there availing, for the poor gentleman had been dead close there will be complete satisfaction without would be another arising from the demand for a for some six or seven hours. Mr. Hall, the lockthe entire destruction of the past." (Cheers.) winter assize on the part of the people of Belfast smith, and Police-constable Woodman having Don't be frightened by the word revolution, and other districts of tho North, who complain of given confirmatory evidence, and the surgeon There are good revolutions and there are bad the inconvenience of having their cases left in having deposed that death had resulted from a revolutions. A bad revolution is the worst, and suspense during the long interval between July pistol shot, Mr. M‘Namara and Mr. Price, two of a good revolution is the best thing in the world. and March, unless they adopt the costly alterna- Her Majesty's Railway Commissioners, gave testi(Hear, hear.) The constitution of this country is tive of sending them to Dublin. Tho Express mony that left little doubt upon the minds of the founded on a good revolution-a revolution which argues that, although the business of the Courts jury that the deceased had been suffering from rejected everything that was bad, and maintained of Exchequer and Common Pleas might be trans- extreme nervous depression and morbid agitation everything that was good. That is the sort of acted by three judges, it would be quite imprac. for some time past, and that his duties as Regis. revolution which England loves. (Cheers.) I be ticable for the Court of Queen's Bench to dispense trar of the Commission, although not very arduous, fieve that such a revolution is possible in your with the assistance of one of its members. So were somewhat novel' to him, and very probably land laws. (Cheers.) By freeing the land from far from having too little to do, it has had more increased the agitation and depression to such an the impediments which hinder its development than it could accomplish. This argument is extent that his mind gave way under the unyou would greatly increase the produce of the strengthened by the authority of the judicial wonted strain, and he committed suicide. The soil-you would improve the condition of the statistics and the records of the business. During jury, upon hearing this evidence, at once returned people by procuring for them cheaper food-you the Nisi Prius sittings it has been found necessary a verdict of “Suicide while of unsound mind.” would raise the wages of the agricultural labourer to obtain the aid of one of the puisne judges to THE NEW LAW COURTS AT WINCHESTER.-you would enlarge the profit of the farmer-you get through the list of cases for trial, although The new law courts at Winchester are now would enhance the rent of the proprietor-you the Chief Justice has been unremitting in his virtually completed, and the restoration of the would augment the national fund from which the attention, and performs his judicial duties with old gothic hall of Winchester Castle to its former taxation of the State is fed-and the statesman average rapidity. It is enough to state, in con. design is nearly finished. The designs of the new who shall accomplish such a task by a just, an firmation of the assertion as to the pressure of courts and restoration were furnished by Mr. enlightened, a conciliatory policy, will consult the business, that last year Mr. Justico Barry sat Digby Wyatt, architect, and the total cost of the universal interests of the nation which shall con. 205 days, and in the preceding year 230 days, whole work has probably been over £30,000. At fide to his prudence and his patriotism so great while it cannot be alleged that Mr. Justice O'Brien the Epiphany Sessions on Monday, Lord Eversley and beneficent a work. (Loud cheers.)
or Mr. Justice Fitzgerald was wanting in dili. presiding, Mr. Melville Portal, Chairman of the gence or ability. It should be remembered that, Public Works Committee, announced that they
as the Daily Express intimates, the Court of could not yet present a complete financial report, THE IRISH BENCH.
Queen's Bench in Ireland has a distinct and but they hoped to be able to do so at the next The economic question which has been raised with peculiar jurisdiction in addition to that which sessions. The committee contemplated-and they respect to the appointmentof a successor to the late ordinarily attaches to a common law court or the hoped to have the support of the magistrates of Chief Baron Pigot is still the chief subject of dis. Queen's Bench in England. It has to fiat, and the county in the matter-the filling the windows cussion in the journals and in professional circles. therefore to examine, the presentments from the of the old ball with painted glass. This was not Various arguments, some of them rather plausible, grand jury of the county and the corporation of kind of work which they would be justified in but having little substantial weight in them, others the city of Dublin; it has to try railway traverses throwing upon the county rates, but they hoped possessing greater force, aro urged against the under the Irish Railways Act of 1851, and there the undertaking, was one that would commend proposed reduction of the judicial bench. The are other special matters of minor interest with itself to the magistrates at large throughout the national sentiment is appealed to, and an effort which it has to deal.”—Times Correspondent, county, and that no difficulty would be experienced is made to stir up popular feeling against the Jan. 3.
in obtaining funds sufficient to fill the whole of measure as part of a general policy of cen. A Scotch member of the House of Commons, the windows. The committee proposed to illus. tralisation, the effect of which, it is appre. Mr. MʻLaren, has just been looking over the trate by this means the history of the county herded, would be to dismantle the Irish capital statistics of the Irish legal establishment, with from its earliest period, by displaying the names, of all that gives it official dignity and social the object of getting his countrymen to raise arms, and deeds of those persons who were either influence, and reduce the country still more a cry of “justice to Scotland," or rather to natives of Hampshire or immediately connected into the position of an inferior province. It is attempt to reduce the public expenditure in with the county in a remarkable manner. These not to be inferred that there is not an inde. Ireland. The worthy Scot finds that in Ire. would be chronologically arranged, and the pendent public opinion in favour of retrenchment land there are twenty judges in the Supreme windows from one end of the hall to the other of the national expenditure, but there is an un. Court; there are seventeen of them who get from would form so many pages of county history, willingness that Ireland should be singled out for £3600 to £8000. There is one Probate judge at which well.informed persons would be able to the trial of financial experiments. It is asserted £3500, and two in the Landed Estates Court get understand easily. They had consulted Mr. that the time is not opportune for making such a £3000 each. There are twenty judges, therefore, Hardman, who had furnished the designs now in change, and that if any reform be needed it should in Ireland, in what might be called the Supreme the room, and the windows were estimated to cost be carried out, not impulsively or with precipita- Courts, and they get £80,600. In Scotland there 100 guineas each. The first was already promised, tion, but deliberately and after full inquiry. The are thirteen judges, who receive from £3000 to the noble chairman, the Earl of Carnnarvon, Sir Freeman returns to the subject to day, and writes £4000 each, and they get £41,300 among them. William Heathcote, and himself having agreed to in an anxious tone about the “ominous rumour.' Our censor finds that the Irish judges get about defray its cost. Two benches of magistrates had It suggests that the city members should address twice the amount of public money which the also signified their desire to help in the matter, a direct query to the Government as to the course Scotch judges get, and his opinion is that there is and their architect, Mr. Digby Wyatt, had which it intends to take, and that should the reply far less law and justice required to be dispensed promised a donation of £25. Lord Henry Scott, point to an intention not to fill up the vacancy à in Dublin than there is in Edinburgh. It is rather M.P., said the scheme deserved the greatest requisition protesting against the decision should inopportuno, we confess, to have to meet this possible encouragement, and he hoped all the at once be set on foot." It observes that “the statement, but the difference in the number of the support possible would be accorded to it, for no people of Ireland behaved with a fatal apathy population, 3,500,000 against 5,500,000, and parti- one could visit that noble hall without seeing that when the Landed Estates Court judgeship feil cularly the different social conditions arising out painted glass, supposing the colouring was not so Facant," but trusts they "will adopt a prompt of the history of the country since the Revolution, Ideep as to obscure the light, would be a great