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HINDU AND MAHOMMEDAN LAW AND THE LAWS

IN FORCE IN BRITISH INDIA.

Contracts; the so-called Consensual Contracts.

COMMON LAW.

Courts, and yet no delay of this kind is allowed History of the Specific Contracts. Completion The Professor on the Common Law proposes to to take place. The Profession are allowed of the so-called Real Contracts. Completion of deliver, during the ensuing Educational Term, / to transact their business—no matter what kind tha sn-called Consensual Contracts. Correality. Two Courses of Lectures (there being Six-pending the making up of the annual returns Suceties.

Lectures in each Course), as under:

in the Superior Courts of law, while in the CONSTITUTIONAL LAW IVD LEGAL HISTORY.

Elementary Course.

County Court at any rate the most important "The Professor of Jurisprudence, in his Private The Leading Principles of Law relating to

branch of the County Court is entirely closed Class in Constitutional Law and Legal History, 1. Contracts.

for business for nearly ten days while the officials will treat of the subjects of Allegiance, Citizen. 2. Torts.

make out their returns, and it is clear the County ship, and Naturalisation ; of the Legislative 3. Crimes.

Court returns cannot be near so heavy as those of and Executive Functions of the Crown; and of

Advanced Course.

the Superior Courts, yet the suitors are delayed the “Prerogatives” of the Crown. The books

1. Mercantile Contracts.

prosecuting their judgments for about ten days. referred to (among others) will be Hallam's

2. Torts to Mercantile Persons.

Surely this delay must often be the cause of allow. Works ; May's Constitutional History;Broome's

3. Bailments.

ing many defendants to escape, and consequently Constitutional Law; Forsyth's Cases and Opi. In connection with the above subjects, the

of plaintiffs losing their debts entirely, without nions in Constitutional Law; Freeman's Growth Professor will advert to the Law of Evidence, and having any redress. In the case of a solicitor of the English Constitution; and Allen's Prero. will explain the Mode of Proving Documents and neglecting his client's business, the client has his

Facts. gative of the Crown.

remedy for negligence against the solicitor ; but Mr. Houston proposes to take the following apparently in the County Courts delay such as I EQUITY. subjects :

have mentioned no redress whatever can be The Professor of Equity proposes to deliver, during the ensuing Educational Term, Two

Elementary Class.

obtained against the County Court authorities. I The Law of Torts.

trust, therefore, that you will consider the matter Courses (elementary and advanced respectively)

Advanced Class.

sufficiently important, and be good enough to give of Public Lectures (there being Six Lectures in

1. Torts to Mercantile Persons.

this letter publicity, as I hope it may be the each course), on the following subjects, in

2. The Law of Bailments.

means of removing the delay that now exists, and cluding the most important statutory provisions and the principles of pleading and the practice with his classes : Dr, Lyell will discuss the following subjects of compelling the County Court officials to make

up their returns upon the same principle as the of the Court of Chancery applicable thereto

Superior Courts--viz., without any interference in respectively :

Elementary Class.

obtaining that redress which every suitor is en. 1. The Doctrines of the Court of Chancery in 1. The Constituent Elements of the Common titled to.

A SOLICITOR'S CLERK. relation to the Property of Married Women" (80 Law.

P.S.-I may mention that pending the preparaas those Doctrines were not fully treated of 2. The Leading Rules for the Construction and tion of the returns in the County Court not even a during Michaelmas Term, 1873). Interpretation of the Statute Law.

common search as to payment of money into 2. Conversion, Election, and Reconversion. 3. The Effect of the Judicature Act of 1874 on court can be made, and what influence that can 3. Election and Satisfaction (if time permit). the Common Law.

have upon the result of the returns I am at a loss The Professor hopes that gentlemen attending 4. The Leading Principles of the Law of Persons to conceive. the Public Lectures on Equity will, in addition to as regards Civil and Criminal Liability. their nrdinary reading, pay special attention to

Advanced Class.

HATS OFF !-Do you consider it right and the above-mentioned subjects, and that for such

1. The General Principles of the Law of Evi. fitting for magistrates at quarter sessions to wear purpose they will read the following cases with dence (continued).

their hats when trying prisoners ? At the North. the notes thereto, respectively, in White and Tudor's Leading Cases in Equity, and in the fol. (as far as time will permit).

2. The General Principles of the Criminul Law amptonshire sessions one gentleman invariably

does so, not in the chairman's court, for Mr. lowing order, viz., on the Doctrines of the Court relating to the Property of Married Women, jects :

Mr. M. Powell will consider the following sub. Hunt, I am sure, would never permit such a

thing'; and it does seem to me the height of im. Hulme v. Tenant, vol. 1, p. 481 ; Lady Elibank v.

Flementary Class.

propriety, not to say bad manners, to act in such Montolieu, and Murray v. Loril Elibank, vol. 1,

G. Law of Contracts; Statute of Frauds.

a way p. 424; on Conversion, Election, and Reconver. sion, Fletcher v. Ashburner. vol. 1, p. 826 ; on

Advanced Class. Election, Noys v. Mordaunt, and Streatfield v.

Mercantile Law.

OUR INVADERS. Will you permit me to add

one or two to the many suggestions on this subject Streatfield, vol. 1, p. 331 ; and on Satisfaction,

which have been lately made in your columns ? Ex parte Pye and Chancy's Ca'se, vol. 2, p. 365.

First, I would suggest that the office of trustee in The Tutors in Equity propose to take the follow. The Professor of Hinda and Mahommedan Law, bankruptcy should be held by a solicitor, whereing Subjects :

and the Laws in force in British India, proposes ever practicable. The present very general practice Elementary Course

to deliver, in the ensuing Educational Term, a of allowing an accountant to be appointed trustee 1. The Statutory Jurisdiction of the Court of course of Six Public Lectures on the following in these cases, appears to me to be one of the Chancery (continued).

subjects, viz. :

means by which the legitimate emoluments of the 2. The Doctrines of the Court of Chancery in

Hindu Law.

legal profession are diverted into other hands. relation to (a) Married Woman and Infants ;

1. The Penal Code.

The sums received by these accountants for their (6) Penalties and Forfeitures.

2. The Criminal Procedure Code.

services as trustees (as distinguished from their 3. Civil Procedure Code. Allranced Course.

remuneration as accountants) is in the aggregate The Tutors will discuss the subjects treated of Indian Contract Act, and the Indian Succession gratuitously thrown into their hands through the

In the Private Class the Tutor will discuss the very considerable, and may fairly be said to be in the Professor's Lectures, using as text-books,

Act. White and Tudor's Leading Cases in Equity, and

By Order of the Council,

unfortunate habit of adhering to routine, so com. Story's Equity Jurisprudence.

S. H. WALPOLE, Cbairman. mon in the Profession. There seems no good Council Chamber, Lincoln's-inn,

reason why the duties of a trustee in bankruptcy LAW OF REAL AND PERSONAL PROPERTY.

22nd Dec, 1873.

cannot be discharged quite as efficiently by a The Professor of the Law of Real and Personal

solicitor as by an accountant, though perhaps the Property proposes to deliver, during the ensuing

position might seein somewhat novel at first. Where Educational Term, Twelve Public Lectures

the services of an accountant are really necessary, (there being Six Lectures in each course) on CORRESPONDENCE OF THE

or the solicitor engaged has not a clerk competent the following subjects :

PROFESSION,

to draw up the accounts, the accountant em. Elementary Course.

ployed should be confined to his proper sphere of 1. On Mortgages—The usual form of a Mort.

There is, I NOTE.-This Department of the Law Times being open to preparing the requisite statements. gage of Freeholds, Copyholds, and Leaseholds ;

free discussion on all professional topics, the Editor is not

think, no doubt that in the great majority of

responsible for any opinions or statements contained in it the Incidents of the Mortgagor's Estate, the

cases the appointment of trustee is altogether in Remedies of the Mortgagee, and the Provisions of

the hands of solicitors, but how seldoin do we Locke King's Act and Amendment Act.

COUNTY COURT JUSTICE.-Having occasion to see one of our own body appointed, though such 2. On the Doctrine of Priority as between attend at the Bloomsbury County Court on the appointment is clearly contemplated in the BankSeveral Incumbrancers.

6th instant upon some important business, I was ruptcy Act 1869 (see sect. 29), and it would often 3. On Lapse.

astonished to find that I could not transact the be a considerable saving of expense to the estate. 4. On Equitable Conversion.

business I was upon, the only reason given There are no doubt many solicitors who would

being that the returns of the past year were being be willing to act as trustees, but who at present Advanced Course.

made up, and until they were completed my hesitate to accept the appointment because it is 1. On Marriage Settlements and the Construco business, or that of any other suitor of a similar so seldom filled by a solicitor, and so, as no one tion of Marriage Articles.

kind, could not be entertained for the next few sets the example, the entire benefit derived from 2. On the Covenants and Provisions usually days, the office of that particular department this office falls into the hands of accountants and Introduced in a Lease of a Dwelling House for å having already been entirely closed for the trans. others of a similar class, who are thereby enabled Term.

action of business for some days past. The busi. to further encroach on the Profession by a semi. The Tutor in the Law of Real and Personal ness I had to transact was to issue an execution, legal character they acquired in the public eye Property will, in his Private Classes, treat in and it was most important that the execution through the prominent position they are allowed detail of some of the Subjects of the Professor's should have been issued, as it was feared that to occupy in bankruptcy proceedings. I venture Public Lectures.

any delay would be the means of the debt being to think that an authoritative suggestion on this In the Elementary Class he will discuss the lost, and as a natural consequence the costs must point from someone or other of our law societies Law relating to Mortgages of Real Estate, in then fall upon the suitor. I complained to the would have the effect of checking the evil, and cluding the Doctrine of the Priority of several In- officials of the injustice, but without receiving any would lead to the more frequent appointment of cumbrancers, and the usual Form, Construction, redress whatever; my only appeal therefore is to solicitors as trustees. Such a change would hardly and Operation of Mortgages of Freeholds, Copy: make the matter public through your valuable fail to benefit the general body of creditors, and holds, and Leaseholds.

columns, as to me it is a most shameful and in the Profession at large. Secondly, I would sng. In the Advanced Class he will comment on excusable injustice and ought not to exist in any gest that means be taken for the systematic proSettlements of Real and Personal Estate, and court of law as defendants have already quito secution of all persons bringing themselves under the usual Clauses contained in such Settlements. sufficient advantages held out to them. Another the stamp law penalties, by illegally acting as

The Text-books to which reference will princi, object I have in addressing this letter to you is to solicitors or attorneys. I think much might be pally be made aro-Williams on the Law of Real draw the attention of those in whom rests the done in this way if a fund were raised and placed Property; Williams on the Law of Personal Pro. power of removing such difficultima now in the under the control of some responsible body who perty; Smith's Compendium of the Law of Real way of facilitating justice, and to ussimilate the would take proceedings to enforce the penalties in and Personal Property; the Dissertations, Notes, practice between the Superior Courts of law and all suitable cases without regard to the locality and Forms in Prideaux and Whitcombe's Prece that of the County Courts. In the Superior where the offence was committed.

At present dents in Conveyanciug; and the Introductions, | Courts the officials have to make similar returns very many such cases come under the notice of Notes, and Forms in Davidson's Precedents. to the Government, the same as the County solicitors but they seldom or never take action is

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Professional Partnerships Dissolbed.

Sur. Jan. 27

Chauntler.

Sur. Ja, 20

the matter not feeling disposed to interfere per of the legal profession, but throughout the City

THE GAZETTES.
sonally, whereas they would gladly give informa generally ; and the able manner in which he con.
tion to any society which would take up the case ducted the protracted proceedings in the justice
for the general good.

H. J. L. room of the Mansion House in the Bank forgery
case, and the prosecution in the Overend Gurney

Gazette, Jan. 2.
affair, besides other important commercial cases,

CLARKE, ROTHERA, and CARTER, attorneys and solicitors,

Nottingham. Dec. 31. George Bell Rothera and Hanweli will be fresh in the recollection of our readers. Holmes Carter) NOTES AND

ON
AND QUERIES
Mr. Oke was the author of many standard legal | GREPEN HALWrand ENNEY, attorneys and solicitors, Acresteld.

Great BoltonDec. 31. (. POINTS OF PRACTICE. works, including The Magisterial Synopsis (which ney)

GUSTAVUS EDWARD: has passed through several editions), The Magis.HILLEADY,

HILLEARY, FREDERIC

EDWARD, and TUNSTALL, CHARLES WILLIAM, solicitors and NOTICE.--We must remind our correspondent that this terial Formalist, The Law of Turnpike Roads, & attorneys, Fenchurch-bldg., Fenchurch-st. Dec. 31. Debts by column is not open to questions involving points of law

G. E. Hilleary and F. E. Huleary such as a solicitor should be consulted upon. Queries will Handy.book of the Game and Fishery Laws, and

KIMBER and ELLIS, attornoys and solicitors, Lombard-st. Dec. be excluded which go beyond our limits. The Licensing Laws.

31. (Henry Kimber and Charles Cydwelyn Ellis) N.B.-None are inserted unless the name and address of the

RICHARDSON and DOWLING, attorneys and solicitors, Bolton. writers are sent, not necessarily for publication, but as a

Dec. 31, (Henry Marriott Richardson and William Dowling) guarantee for bona fides,

J. HARGREAVES, ESQ.

Gazette, Jan. 6.

BUCKLEY, W., and Son, attorneys and solicitors, Ashton-underTHE late John Hargreaves, Esq., solicitor, and Lyne, and Manchester. Dec. 31. (William Buckley and Arthur Queries.

Buckley) Debts by A, Buckley and S. A. Newall ex-coroner for the borough of Blackburn, who

COULTON, JOHN JAMES, and BELOE, EDWARD MILLIGEX, attor57. MORTGAGEE RUING MORTGAGor's TENANT FOR died on the 21st ult., at his residence in that town, neys and solicitors, Lynn. Jan. 31 RENT.--Will some of your readers give me the names of in the ninety-first year of his age, was the eldest

HOLDEN, THOMAS, and HOLDEN, JAMES HENRY, attorneys and

solicitors, Hull. Dec. 31. Debts by T. Holden some cases in addition to Moss v. Gallimore and Rawson

son of the late Mr. Henry Hargreaves, of New.
5. Eicke which shows the right of a mortgagee to sue
mortgagor's tenant for rent of premises held under ten-

church-in-Rossendale, Lancashire, where he was
He was educated at

Bankrupts.
ancy prior to indenture of mortgage assigning all the born in October 1783.
mortgagor's legal estate in the premises to the mort. Clitheroe Grammar School, and was articled to

Gazette, Jan. 9. gagee. J, McD. Mr. Shuttleworth, solicitor, of Preston. He was

To surrender at the Bankrupta' Court, Basinghall-street. admitted an attorney and solicitor in 1806, and

ARTHUR, THOs As, gentleman, Asylum rd, Old Kent. d. Pet.

Jan. 7. Reg. Pepys. Sols. Mesars. Anderson, Ironmonger-la. Answers. commenced the practice of his profession imme. Sur. Jan 20

BUNCE, WILLIAM, wharfinger, Irongate-wharf, Paddington; Also (Q. 50.) CASE IN BANKRUPTCY WANTED.-I take it diately afterwards at Colne, in Lancashire, being

farmer, lyde, Hendon. Pet. Jan. 7. Reg. Spring. Lice. Sol. "R. T.,” when he speaks of the costs being below £200, taken into partnership by Mr. John Bolton, of Scaire, Edgeware-rd. Sur. Jan. 12 means assets. If so, a case in point is Ex parte Hodge, re that place; and on the death of that gentleman a

BUXTON, JOSEPH HOLMES, surgeon Compton-ter, Upper-street,

Islington. Pet. Jan. 5. Reg. Haz itt. Sols. Messrs. Miller, Lemon, quoted in p. 492 of Roche and Hazlitt on Bank- few months afterwards, Mr. Hargreaves was left Sherbourne-la. Sur. Jan. 23 ruptcy. There on an appeal it was decided that where in charge of a very widely extended practice. In the estate is worth less than £200 the costs must be 1810, on the office of Coroner for the Hundred of

HARRIS, HEXRY LEWIS, parking case maker, Mansell.st, Ald.

gate. Pet. Jan. 7. Reg. Spring Rlce. Sol. Barnett, Old Broad

st. Sur, Jan, 22 taxed upon the lower scale.

H. S.
Blackburn becoming vacant, Mr. Hargreaves

To surrender in the Country.
became a candidate and was duly elected, the con.

BENT, JANE, milliner, Choriton-upon-Medlock. Pet. Jan. 6. (Q. 55.) LANDLORD AND TENANT-RENT: --The ques. dition being attached to the appointment that he

Reg. Kuy. Sur. Jan. 29

CRAWFORD, JOHN, sailmaker, Sunderland, Pet, Jan. 5. Reg. tion whether the Apportionment Act 1870 applies be

Ellis. Sur. Jan. 27 tween vendor and purchaser seems to be yet unsettled. should remove his residence to Blackburn, which

JENKINS, JOnx, builder, Swansea, Pet. Jan. 3. Reg. Jones. An article on this subject will be found 53 LAW TIMES, is situate in a more central part of the Hundred. Sur. Jan. 21 313.

OWENS, WILLIAM, grocer, Pontprenllwyd,
The duties of this important office Mr. Hargreaves

Pet. Jan. 5. Reg.
Z. Y.

Roes. Sur. Jan fulfilled for a period of upwards half a century, TALL, GEORGE, oil refiner, Hull. Pet. Jan. 7. Reg. Phillips. (Q.56.) COPYHOLD PRACTICE.- If B., the testatrix, was resigning in 1854, upon which his son, Mr. Henry not admitted or did not surrender to the use of her Unsworth Hargreaves, the present coroner, was

Gazette, Jan. 13. will, fees and fines must be paid as if she had been ad-elected in his place. Besides filling the office of

BESCOBY, EDWARD, out of business, Ashchurch.ter, New.rd mitted and had surrendered. See 1 Vict. c. 26 s. 4.

Hammersmith. Pet. Jan. 8. Rr. Pepy's. Sur. Jan. 27 Such fees and fines would prima facio be borne by the coroner, Mr. Hargreaves took a leading and CONDON, JOHX, coal merchant. Kingsbridge.pl, Westferry.rd,

Millwul. Pet. Jan, 10. Rez. Rinche. Sur. Jan. 20 vendor. The purchaser will only pay oue fine and one accountable part in the local government of the BETTLE, WILLIAM. licensed victualler, Ramsgate. Pet. Jan. 9. set of fees. The lord of the manor cannot compel the town of Blackburn for many years : first, as clerk ifex. Callaway. Sur. Jan 23 trustee to be admitted : (Glass v. Richardson, 9 Hare

BOULD, THOMAS EDWARD, and BOCLD, ALFRED JAMES grocers, to the Police Commissioners; then, on the sopər. Loogton. Pet. Jan. 9. Rek. Keary. Sur. Jan. 23 698; Reg. v. Wilson, 7L, T. Rep. N. S. 326). Z. Y. cession by the Improvement Commissioners, under

BUTCHER, JAMES, bentleman, Brighton. Pet. Jan. 7. Reg.

Evershed. Sur. Jan. - If B, was admitted, her trustee (as donee of the the Local Act of 1817 (which Mr. Hargreaves took EASI, EDWARD, gununker, Birmingham. Pet. Jan. 3. Reg. power of appointment), could apnout the copyholds to the purchaser without being admitted, avd therefore the means to procure), as clerk and legal adviser

GILPIS, THOMAS, tailor, Norton, near Doncaster. Pet. Jan. 10. without incurring the costs of the fines and fees for

to the latter commissioners; and, eventualiy as Reg. Rougers. Sur. Jan. 23 admission. The appointee is considered as comivg in first town clerk of B'ackburn on the incorpora.

GREEX, JOSEPH, jun., krocer, Great Yarmouth. Pet. Jan. 8. Reg.

Walker. Sur. Jan. 26 immediately under the will: (Flack v. Douning College, tion of the borough in 1851. During the course KELHAM, GEORGE, builder, Clifton villas, Herne-hill. Pet. Jan. 17 Jur. 697; Holder v. Preston, 2 Wills 400; Beal v. of his extended practice in the law, says the

9. Kek Murray. Sur. Jan 2 Shepherd, Cro. Jac. 199; Rer v. Lord of the Manor of Oundle, Blackburn Times, Mr. Hargreaves had numerous

MOTTRAM. GEORGE, potatu dealer, Sheffield. Pet. Jan. 8. Reg. 14. & E. 283; Glass v. Richardson 3 P. M. & G. 660; private presentations of plate and

other memorials STEWARD, ALFRED. CHRISTOPHER ongide Husiness, Great YarReg. v. Sir T. Wilson, 3 B. & S. 201.) If B. was not

. Sur. Jan. 23 admitted, ber trustee or donee still does not require to

made to him by his clients and other friends; and TOPPTX, JOSEPA, carrier, Pennith. Pet. Jan. 8. Reg. Halton. be admitted, but the purchaser is not entitled to be it may be added that he was always foremost in

Sur. Jan. 26 admitted until after payment of the fine and fees due lending his services to the formation of the on his admission, as well as of the fine and fees which

numerous voluntary institutions and charitable Liquidations by Arrangement. would have been paid if B. had taken admission, which last will be paid by the vendor in absence of express last sixty years. Mr. Hargreaves married, in movements set on foot in Blackburn during the

FIRST MEETINGS, stipulation : (1 Vict. c. 26, s. 4; also Hayes and Jarman's

Gazette, Jan. 9. Forms of Wills, 6th edit., pages 6 and 12h.)

G.

1812, Elizabeth, daughter of Mr. Robert Har. AIXGE, THOMAS, hatter, Barrow-in-Furness. Pet. Jan. 6. Jan. greaves, of Bury, by whom (who died in 1862), he 23, ut teu, at the Ship hotel, Barrow-in-Furness. Sol. Brad. had eight children, one son, Henry Unsworth, AMOS, JOSIAH, beerhouse keeper, Smethwick. Pet. Jan. 5. Jan.

above mentioned, and LEGAL OBITUARY.

seven daughters. The 20, at two, at offices of Sol. burton, Biriningham

ASPDEX, JOHN, grocer, Burnley. Pet. Jan. 6. Jan. 23, at three, remains of the deceased gentleman, which were at office of Gul, Accountant, Burnley. Sol. Read, Burnley

BACON, JOSEPH, shoe manufacturer, Desford. Pet. Jan. 6. Jan. NOTE:- This department of the Law Times, is contributed honoured with a public funeral, were interred in

23, at three, at Cook's Temperance hotel, Leicester. Sol. Rees, by EDWARD WALFORD, M.A., and Inte scholar of Balliol the family vault at Newchurch.in-Rossendale, the Chancery.la College, Oxford, and Fellow of the Geneaiogical and

BARON, EDWARD HOWARTH, accountant, Manchester. Pet. Jan. Historical Society of Great Britain; and, as it is desired mayor and corporation of Blackburn, together

7. Jan. 26, at three, at oilice of Sol. Hampson, Manchester to make it as perfect a record as possible.'the families and with the borough and county justices, and many BEECH, JAMES BARRINGTON, chemist, Wharton. Pet. Jan. 5. friends of deceased members of the Profession will oblige others, being present.

Jan. 21, at eleven, at office of Sols. Messrs. Cooke, Middlewich by forwarding to the LAW Times Office any dates and

BELL, GEORGE, grocer, Wickford. Pet. Jan. 2. Jan. 23, at two. materials required for a biographical notice.

at the Saracen's holul, Chelmsford. Sol, Woodward, lugram.ct, Fenchurch-st BELL, JOHN CAMBRIDGE, brewer, Bath'ord. Pet. Jan. 2. Jan.

12, ac eleven, at the Castle hotel, Bath, Sol. Dyer R. H. RICKARDS, ESQ.

LAW SOCIETIES.

BLOMLEY, THOMAS, stationer, Bury. Pet. Jan. 6. Jan. 91 at The late Robert Hillier Rickards, Esq., barrister.

three, at office of So. Anderton, kury

BRADLY, WILLIAM, victualler, Little Essex st, Strand. Pet. Jan. at-law, formerly of Llantrissant, Glamorganshire,

LAW STUDENTS' DEBATING SOCIETY. 2. Jan. 20), at two, at officer of Sol. Poole, Bartholomew close who died on the 29th ult., at his residence in At the usual weekly meeting, held at the Law

BROOM, EDWARD, schoolmaster, Rainsyate. Pet, Jan, 7. Jan.

26, at three, at 108, High-street, Ramsgate. Sol. Walford, Rams. Caledonia.place, Clifton, Bristol, in the seventieth Institution, on Tuesday evening last, the following

Rate

BROON, GEORGE JOSEPH, oilman, Coburg-rd, Camberwell. Pet. year of his age, was the eldest son of the late was the question for debate : "Is the sale of the

Jan, 7. Jan. 23, at three, at the Chamber of Commerce, 143, Richard Fowler Rickards, Esq., of Llantrissant property the remedy of an equitable mortgagee by

Cheapside. Sol. Robinson

BURDETT, WILLIAM, builder, Guildford. Pet. Jan. 5. Jan. 26, at (who died in 1848), by Charlotte, daughter of deposit of title deeds ?The question was two, at office of Sol. Curtis, Guildford Isaac Hillier, Esq., of Holt, in the county of Wilt. decided in the affirmative. The secretary's ad. CALLIGAN, CHALIS joiner, Manchester. Pet. Jan. 6. Jan. 28.

at three, uttheero Sol. Ambler. Manchester shire. He was born in the year 1804, and was journed motion was carried.

CARVER, THOMAS, tacksmith, Gotham. Pet. Jan. 7. Jan. 26, at called to the Bar by the Honourable Society of

eleven, at offices of Bogers, accountant, Nottingham. Sol. the Middle Temple, in Hilary Term, 1835. Mr.

CASTLE, JOHN THOMAS, master mariner, Lovegrove-pl, East Rickards, who was a magistrate and deputy.

ARTICLED CLERKS' SOCIETY.

Greenwich. Pet. Dec. 30. Jun. 19, al three, at the Unicorn

tavern, Horseferry.rd, Greenwich. Sols. Chipperfield and lieutenant for the county of Glamorgan, married A MEETING of this society was held at Clement's Sturt, Trinity-st, southwark in 1831 Caroline Octavia, danghter of Andrew Inn Hall on Wednesday, the 14th Jan., Mr. E. F.

COHEN, ISAAC, general dealer, Sunderland. Pet. Jan. 16. Jan.

26, at twelve, at office of Sil. Longden, Sunderland Knox, Esq., of Prehen, county Londonderry, Stanway in the chair." Mr. G. Whale opened the COHEN, MICHAEL COLEMAN, eat india merchant, Kingist, Fing. Ireland, by whom he has left a family to lament subject for the evening's debate-viz., That bury. Pet. Jan. 8. Jun. 27, at two, at office of Sol. Christinas, his loss.

St. John's.chmbs, Walbrook the policy of the present Government is worthy of

COOKE, HENRY, and COMPTON, ROBERT ANDREWS, yarn support." The motion was carried by a majority polishers, Chorlton upon Medlook. Pet Jan. 6. Feb. 6. at

three, at offices of Sols. Sale, Suipman, Seddon, and Sale, Man. G. C. OKE, ESQ. of four.

chester The late George Colwell Oke, Esq., chief clerk to

COPEMAN, WILLIAM, boot mannfacturer, Norwich. Pet. Jan. 7.

Jan 29, at four, at office of Sol, Sadd, Norwich the Lord Mayor, at the Mansion House, who died BRISTOL ARTICLED CLERKS' DEBATING CREDLAND, WILLIAM, varnish manufacturer, Sheffield. Pet.

Jan. 2. Jan. 19, at twelve, at otces of Sol. Porrett, Shefield on the 9th inst., after only three days' illness, at

SOCIETY.

DAVISOX, JOHN, coach builder, Bradford. Pet. Jan. 7. Jan. 24. his residence, Rosedale, St. Mary's-road, Peck. A MEETING of this society was held in the Law at eleven, at office of Sols. Berry and Robinson, Bradford

DEWDNEY, THOMAS WORTHY, and ham, in the fifty-second year of his age, was born Library, Small-street, on Tuesday evening, the

DEWDNEY, WILLIAX

RICHARD, paper makera, Stoke Canon. Pet. Jan. 6. Jan. 20, at in 1822, and for some time acted as clerk to the 13th inst., J. Miller, Esq., solicitor, in the chair. one, at the Burle Haven hotel, Exet-r. Sol. Frd, Exeter Newmarket bench of justices. In 1855 he was

DOBSON, WILLIAM, car proprietor, Liverpool. Pet. Jan. 7. Jan. The following was the subject for discussion :

26, at two, at ottice of Gibson and Bolland, accountants, Liverappointed assistant clerk to the Lord Mayor ; and “In a case of manslaughter and assault, should pool. Sols. Noodburn, Pemberton, aud Sampson, Liverpool upon the retirement of Mr. Goodman, in 1865, he conviction foy the latter be a bar to prosecution Dopp, Joux, painter, Manchester, Pet, Jan. 1. Jan. 31, at thrco.

at the Bird Hand, . , succeeded that gentleman in the chief clerkship. for the former?” Mr. Thomas opened in the DOWNES, JOHX, out of business, Durham. Pot. Jan. 7. Jan. 23 Mr. Oke had a high reputation for his intimate affirmative,

at eleven, at office of Bonakeld, Durbam nd was followed by Mr. Fenwick in

EAGLE, VINCENT, and FRASER, JOHN HENRY, white lead knowledge of criminal law, and its practical appli. the negative. All the members present joined in manufacturers, St. George's Wharf, Grund Surrey Canal cation, and was well known and highly esteemed, the debate, and the negative was ultimately

Albany-rd, Camberwell, under tirin of Jenkins, Eugle, and

Jan. ', at one, at office of Sols. Dixon, not only among members of the corporation and carried by a large majority.

Ward, and Letchworth, Bedford-row, Holborn

Wake.

Sur. Jan.

8

sha, Barrow-in Furness

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Fraser.

Pet. Jan. 6.

WARD, SAMUEL, victunller, Nottingham. Pet, Jan. 8. Jan. 27,

at twelve, at offices of Sole. Messrs. Thorpe, Nottingham WARD, WILLIAM, provision dealer, Birmingham. Pet. Jan. 8.

Jan. 24, at eleven, at office of Sol. Davier, Birmingham WATCHORN, CLIFFORD JOHN, grocer, Church rd, Homerton.

Pet. Dec. 27. Jan. 12, at three, at offices of Sol. Lind, Beau

fort.blags WAYBORX, LEWIA, boot manufacturer, Streatham.

Pet. Jan. 6. Jan. 26, at two, at office of Slater and Pannell, Guildhall.chibs,

London. Sol. Hewitt WESTMORELAND, EDWIN, and WESTMORELAND, WILLIAX, sewing machine manufacturers, Nottingham

Pet. Jan. 8. Jan. 26, at twelve, at the Assembly-rooms, Low.pavement,

Nottingham So'. Ashwell YOUNG, WILLIAM, draper, Trevor sq, Knightsbridge. Pet. Deo.

30. Jan. 20, at twelve, at office of Pllkethiy, 59, Friday.st,

Choapside. Sol. Marsden, Gresham-bldge, Guildhau ZUCCANI, DAVID WINTER ERNEST, cabinet maker, Hamilton.pl,

Highbury, and Bath-st, Tabernacle-walk, Curtain rd, Shore diteh. Pet. Jan. 12. Jan. 30, at two, at offices of Sols. Prit chard, Englefield, and Co. Painters-hall

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Orders of Discharge.

Gazette, Jan. 6. WILKINS, GEORGE, butcher, Godstone

Gazette, Jan. 9. HUBBARD, ROBERT, artificial manure manufacturer, Great Bowden

Dibidends.

BANKRUPTS' ESTATES. The Official Assignees, &c., are given, to whom apply for the

Dividends. Bradley. T. W. merchant, first, 3 d. Paget, Basinghall-st.Middleton and Fur, paper manufucturers, second and final, 5d. At Sutton and Elliott, solicitors, Manchester.--Schale, F. W. mer. chant, second, 61-320, (and first and second of is, 1.34. to new proofs). Paget, Basinghall-st.- Weeks, W. H. B. bookseller, firsi, 2 d. Paget, Basinghall-st

Church, Sumamere, and Deris, stay warehousemen, first and final 18. 24d. At Trust, M. Banes. Weavershall, 2. Basinghall-st. Douglas, A. P. draper, first and final, 148. &d. At Trust. S. Hunt, jun., 54, Portland-st, Manchester.-irures, W. H. late major in the army, first and final, 28, 6d._At Trust. w. Edmonds, 16, St. James-st, Portsea.- hiber, R. I. farmer, second and final, 2d. At Trust. T. Griffits, the Priory, Chippin Wycombe.- Page, E. brewer, frit, Is. 6d. At Trust. J. F. Lovering, 33, Gresham.et. Roberts, E. of Taunton, first and final, 3s. 1011. At W. H. Williams and Co. accountants, Exchange, Bristol.--Ruddick, J. draper, first, 109. At 53, Standi-b-gate, Wigan.- Waites, A. E. currier, 75. 6d. At T. T. Fry and Co. 59, Baldwin-st. Bristol.--Tas, J. draper, first, 6s. 8d. At Douglas, Mitchell, and Co.stuff merchants Bradford

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EDMUNDS, JOHN, grocer, Hopkinstown, near Pontypridd. Pet.

Jan. 7. Jan. 2, at twelve, at office of Sol. Morgan, Ponty.

pridd EDWARDS, RICHARD BUTCHERS, shopkeeper, Lidford. Pet,

Jan 6. Jan. 23, at twelve, at offices of Sols. Bridgman and

Johnstone, Tavistock
ELLIOTT, THOMAS, Wheelwright, Deenethorpe. Pet. Jan. 6. Feb.

3, at eleven, at office of Sols. Mesers. Richardson, Oundle EVANS, GEORGE, grocer, Birmingham, and King's Norton. Pet.

Jan. 6. Jan. 23, at eleven, at offices of Sol. Free, Birmingham EVANS, LEWIS, haulier Brynmawr. Pet. Jan. 6. Jan. 27, at

twelve, at office of Sols. Cox, Davies, and Browne, Brynmawr FIELDEN, JAMES WILLIAM, out of business, Southport. Pet.

Jan. 7. Jan. 22, at two,at office of Ford, 31, The Temple, Dalest, Livepool. Sol. Ponton, Liverpool FISHER, CHARLES ALLEN, doffin plate meker, Gomarsal. Pet.

Jan. 5. Jan. 27, at three at office of Sols. Fawcett, Leeds
FLETCHER, RONERT JOHN, barman, Strand. Pet. Jan. 7.
Jan, 29, at eleven, at office of Sol. Spaull, Verulam buildings,

Gray's inn
FORD, JOHN POINTON, wine merchant, Manchester Pet. Jan

5. Jan. 23, at three, at the Clarence hotel, Manchester. Sol

Stead, Manchester
FRASER, ROBERT, innkeeper, Barrow-in-Furness. Pet. Jan. 6.
Jan. 93, at ten, at the Ship hotel, Barrow-in Furness. Sol

Brur shaw, Birmingham
FRETWELL, JANE, widow, milliner, Huddersfield. Pet. Jan. 2.

Jan. 21, at eleven, at office of Sol. Bottomley, Huddersfield
GOODILALL, EDWIN, ale merchant, Ventnor Pet. Jan. 5. Jan.

21, at twelve, at 2, George-s, Ryde. S. Urry GOODWIX, JOSEPH, fustian dealer, Manchester. Pet Jan. 5.

Jan. 23, at three, at office of Sol. Sampson, Manchester
GREAVES, WALLACE MGUFFON, general dry alter, Blackburn.
Pet. Jan. 7. Jan. 20, at hall.past ten, at offices of Sol. Jones,

Manchester
HALL, JAMES, cabinet maker, Wellington. Pet. Jan. 5. Jan. 23,

at one, at the Squirrel inn, Wellington. Sol. Ransom, Wel.

lington HARRIS, GEORGE ALBERT, lodging house, keeper, Teignmouth.

Pet. Jan. 5. Jun. 23, at three, at the Royal hotel, Teignmouth.

Sols Pearson and Whidborne, Dawlish
HEYKEL, CHARLES FREDERICK, merchants, Manchester, also

manufacturer, Mechterstedt in Saxe Coburg Gotha, under firm
of Carl Benckel. Pet. Jan. 6. Jan. 26, at three, at oftices of

Sols, Grundy and Kershaw, Manchester
HENNINGH, HENRY, ironmonger, Berwick-st, Soho. Pet. Deo.

31. Jan, 17, at eleven, at office of Sol. Willis, St. Martin's.ct,

Leicester sa
HILBERT, FREDERICK BRITT, cheesemonger, Pimlico-rd, and

Lower Wandsworth-rd. Pet. Jan. 8. Jan. 22, at two, at onces
of Sols. Mergru. Russell and Scott, Old Jewry.chmba
HOYLE, WILLIAW, innkeeper, Oldham. Pet. Jan. 6. Jan. 23, at

cleven, at offices of Solh. Messrs. Ascroft, Oldham HURST, JOHX, builder, Waldegrave.rd, Teddington. Pet. Jan.5.

Jan. 23, at two, at offices of Suls. Wilkinson and Howlett, Bed.

ford-st, Covent.gdin IRVING, GEORGE, out of businege, Kirkdale. Pet. Jan. 6. Jan

23, at three, at P. Vine, Imperial.chmbs, 52, Dale-st, Liverpool

Sól. Blackhurst, Liverpool
ISAACR, ABRAHAM, tailor, Bristol. Pet. Jan. 2. Jan. 26, at three,

at office of Sol. Emanuel, Walbrook
JAGGER, JOHN, victualler, Hindley, near Wigan. Pet. Jan. 5.

Jan. 2, at three, at J. Davies and Co., Bewey.chmbs, Bewsey.

st, Warrington. Sole. Davies and Brook, Warrington JEWERS, FREDERICK, riveter, Northampton. Pet. Jan. 2. Jan.

20, at eleven, at office of Sol. Jeffery, Northampton
JONES, DAVID, grocer, St. Asaph. Pet. Jan. 3. Jan. 30, at one,
at the Queen's hotel, near Railway Station, Chester. Sol.

Roberts, St. Asaph
JONES, JOHN, general draper, St. Neots. Pet. Jan. 3. Jan. 22,

at two, at the Inns of Court hotel, Holborn, London. Sol.
Stimson, Bedford
LAMMING, CHARLES JAMES, hosier, High-st, and Gloucester-rdt

Croydon, trading as White and Co. Pet. Jan. 7. Jan. 28, two, at , Cheapside. Sols. Lewis and Lewis, Ely-place, Hol.

born LANZ, CHARLES, baker, Murray-st, Horton. Pet. Jan. 7. Feb.

5, at three, at office of Sol. Heathfield, Lincoln's-inn fields LAYCOCK, HENRY JOHN, clock maker, Eastbourne. Pet. Jan. 6.

Jan. 23, at eleven, at office of Sol. Wheutcroft, Eastbourne LAZARUS, MORRIS, and LAZARUS, SAMUEL, butcher, York-st,

London-rd, and West-*t, t'pper St. Martin's-la. Pet. Dec. 31.

Jan. 19, at ten, at office of Sol. Lind, Beaufort-bidge, Strand LEY, JOHN CHAUNTER, hairdresser, Nottingham, and Sneinton.

Pet. Jan. 7. Jan. 27, at twelve, at office of Sol. Heath, Not

tinghain LING, TOM THEOPHILUS, boot dealer, Scarborough. Pet. Jan. 7.

Jan. 22, at three, at office of Hart, auctioneer, Huntress-row,

Scarborough. Sol. Watts
LORD, GEORGE, grocer, Church, near Accrington. Pet. Jan. 6.

Jan. 22, at three, at 7, St. John's.pl, Blackburn. Sols. Back

house and Whitham, Burnley LUCK, JOHN WILLIAM, coal merchant, Ealing Dean and Castle.

hill. Pet. Dec. 22. Jan. 19, st three, at office of Sols. Button

and Co. Henrietta-st, Covent.gdn MCARTHUR, PETER, victualler, East Ham. Pet. Jan. 5. Jan

27, at two, at office of Sol. Rawlings, Bishopsgate-st-within MADEX, RICHARD, mason, Brittania, near Bacup. Pet. Jan. 7.

Jan. 27. at three, at office of Sol. Sykes, Bacup
MARCHANT, WILLIAM, corn merchant, Mark-la. Pet. Jan. 5.
Jan. 2), at three, at Office of Challis, accountant, Clement's.la.

Sol. Euston
MARTIN, ADAM, grocer, Liverpool. Pet. Jan. 5. Jan. 24, at two,

at office of Sol. Lore, Liverpool
MESSENGER, JAMES HENRY, artists' colourman, High-st, Hamp-

stead, and Stanhope-st, Euston-rd. Pet. Jan. 2. Jan. 19, at
three, at Masons' hall tavern, Masons'avenue, Basinghall-st.

Sol. Downlnk. Basinghall.st
MILLS, Joux, timber merchant, Birmingham. Pet. Jan. 6. Jan.

30, at three, at offices of Sols. Rowlands, Bagnall, and Row.
lands, Birmingham
NEWTON, ISAAC, clothier, Blackbur. Pet. Jan. 5. Jan. 22, at

two, at the White Bear hotel, Manchester, Sols. Hall and Hol

land, Blackburn NICHOLSON, GEORGE HENRY, commission agent, Manchester.

Pet. Jan. 8. Jan. 17, at office of Sols. Atkinson, Saunders, and

Co. Manchester, in lieu of the place originally named
PAYX, JAMES, baker, Girtford in Sandy. Pet. Jan. 7. Jan. 22, at

twelve, at the Greyhound hotel, Sandy. Sol. Tebbe, Bedford PETCHELL, GEORGE THOMAS, shoe manufacturer, Kettering.

Pet. Jan. 2. Jan. 20, as twelve, at office of Sol. Walker, North

ampton
PORTER, WILLIAM, auctioneer, Oxford.st, and Richmond-place,

Russeti.rd, Finbury-pk. Pet. Jan. 1. Jan, 21, at two, at the
London Warehousemen's Association, 33, Gutter.la, Cheapside.
Sol Lindus
PRI SHABD, DAVID,' victualler, Menai Bridge. Pet Jan. 2. Jan,

23, at two, at the Railway hotel, Bangor. Sol. Jones, Menai

Bridge
ROSENTHAL, SAMUEL, furniture dealer, Sunderland. Pet. Jan.

5. Jan. 21, at two, at office of Sols. Mesers. Joel, Newcastle BANDERS JOSEPH, cowkeeper, Everton. Pet. Jan. 6. Jan. 31,

at three, at othce of Sol. Lowe, Liverpool SLOCOCK, THOMAS SAMUEL WILLIAM, clerk in holy orders' Snape, near Saxmundham. Pet. Jan. 6. Jan 24, at three, at

Office of Pearce, acoountant, Ipswich. Sol. Hill, Ipswich SMITH, WILLIAM, ironmonger, Landport. Pet. Jan. 1, Jan. 20. at two, at the Chamber of Commerce, 145, Cheapside, London,

Sol, King. Porthea
STEEL, RICHARD GEORGE, carpenter, Marlborough-sq. Pet.

Jan. 1. Jan. 19, at three, nt office of Sol. Cooper, Charing Cross
SWALLOW, WILLIAM, manager to a painter, Oldham. Pet. Jan.

5. Jan. 92, at eleven, at office of Sol. Sampson, Manchester TAYLOR, THOMAS, potato dealer, Barrow-in Furness. Pet. Jan. 7. Jan. 23, at twelve, at the Ship hotel, Barrow-in. Furness.

Sol. Bradehaw, Barrow-in-Furneys
TEMPEST, JAMES, woolstapler, Bradford. Pet. Jan. 5. Jan. 27,

at eleven, at office of Sol. Harris, Bradford
UTTON, CHARLES RICHARD, baker, Rye la, Peckham. Pet. Deo.

31. Jan. 2€, at one, at 5, Tavistock-st, Covent-garden. Sol.
Jenkins
WAKEFIELD, FRANK, fancy goods dealer, Mare-st, Hackney.
Pet. Jan. 3. Jun. 20, at twelve, at office of Sol. Sydney, Fing-

bury circus
WHITAKER, JOHN, bread baker, Hallfax. Pet. Jan. 6. Jan. 23,

at four, at office of Sol. Storey, Halifax
WILLIAMS, JOHN, cheesemonger, Dudley grove, Paddington.

Pet. Jan. 6. Jan. 23, at two, at offices of Sols. Jones and Hall,
King's Arms-yd, Moorgate-st
WRIGHT, ROBERT HODOSON, commercial traveller, Stretford.

Pet. Jan.5 Jan. 20, at three, it office of Sols. Messrs. Fox,

Manchchter
YOUNG, ROBERT JOHN, carpenter, Redcrosy.st, and Bridgwater.

54. Pet. Jan. 7. Jan, 24, at twelve, at offices of Sol, Wells

Gazette, Jan. 13.
ALCOCK, JANE, spinster, out of businege, Stow.on-the-Wold.

Pet. Jan. 3. Jan. 24, at eleven, at the Talbot Inn, Stow-on-the

Wold. Sol. Maca, Chipping Norton
ASHWORTH, JAMES, chemist, Accrington, Pet. Jan. 8. Jan. 27,

at three, at offices of H. Bannister, solicitor, Accrington. Sols.

Messrs. Radcliffe, Blackburn
AVERY, EDWIX, hair dresser, Birmingham. Pet. Jan. 2. Jan.

23, at eleven, at office of Sol. Esden, Birmingham
BANGER, SAMUEL, jun., St. Lawrence. Pet. Jan. 9. Feb. 2, at

three, at the Bull and George hotel, Ramsgate. Sol. Edwards,

Ramsgate
BAXTER, BENJAMIN. grocer, Colchester. Pet. Jan, 8. Jan. 23,

at two, at the Red Lion hotel, Colchester
BEDDOE, ALFRED Handsworth, and COOPER, HENRY WEST-
WOOD, printers, Smallheath, near Birmingham. Pet. Jan. 10.

Jan, 23, at twelve, at office of Sol. East, Birmingham
BEDWELL, CHARLES, licensed victualler, Hastings. Pet. Jan. 7.

Jan. 27, at three, at offices of Sol. Jones, Ilustinga
BISCOMBE, WILLIAM, jun., surveyor's clerk, Station-rd, Carn.

bridine-tér, Woolwich. Pet. Jan. 7. Jan. 24, at two, at offices
of Slater and Pannell, accountants, 1, Guildhall-chmbes, Basing-

hall-st. Sol. Burt, Argyll-st
BRUSH WOOD, JOHN PEARCE, baker, Landport. Pet. Jan. 8.

Jan. 24, at eleven, at office of Sol, Walker, Landport
BYRNE, JULIUS WILSON HETHERINGTOX, paper agent, Upper

Thames-st. Pet. Jan. 10. Jan. 26, at twelve, at offices of So..

Tatham, Queen Victorin.st
CLEAVER, JAMES, wholesale jeweller, Birmingham. Pet. Jan.

10. Jan. 26, at eleven, at offices of Sol. Hodgson, Birmingham CONSTABLE, HENBY, assistant to licensed victualler, Anerley-rd.

Pet. Jan. 8. Feb. 7, at eleven, at off:e of Sol. Wade, Clifford'sinn COOPER, ARCHAVBO, and COOPER, CHARLES Jox, brewers,

Eastbou Rye, and Brighton. Pet. Jan. 10. Feb. 6, at eleven,
at Spencers Bridge House hotel, London-bridge, Southwark.

Sol, Perry, Guildhall-chmbs, Basinghall-st
COTT, WILLIAM IESRY, boot manufacturer, Derby. Pet. Jan.

8. Jan. 26, at three, at office of Sol. Harvey, Leicester
DAY, THOMAS, builder, Landport. Pet. Jan. 3. Jan. 27, at

eleven, at office of Sol. Walker, Landport DUGAY, THOMAS, builder, Winchester. Pet. Jan. 9. Jan. 26, at

one, at the Eagle hotel, Winchester. Sols. Lee and Best, Win.

chester
EDWARDS, EDWARD, innkeeper, Hereford. Pet. Jan. 10. Jan.

27, at eleven, at office of Sol. Bodenham, Hereford
ELLIS, DAVID HARBRIDGE, tobacconist, Liverpool. Pet. Jan.

10. Feb. 9, at three, at office of Vine, public accountant, Liver

pool. Sol. Ritson, Liverpool FLOYD, HENRY, innkeeper, Goodrich, Pet. Jan, 9. Jan. 27, at

twelve, at offices of Innell, auctioneer, Ross. Sol. Williams,

Ross
FRASER, GEORGE, landscape gardener, Rosher-st, Stratford.

Pet. Jan. 9. Jan. 25, at two, at office of Sols. Walker and Bat.

tiscom be, Beaufort-bldge, Strand HALL, HENRY JOHN, and DYER, JAMES, dye wood manufacturers,

Monektop Combe, and Bristol. Pet. Jan. 10. Jan. 22, at twelve, at-5, Westgate-bldgs, Bath. Sol. Wilton HANDLEY, SAMUEL, greengrocer, Nottingham. Pet. Jan 6.

Jan. 27, at three, at the Assembly.rooms, Low-pavement,

Nottingham. Sols. Cranch, Rowe, and Stroud
HENLEY, JOHN, farmer, Udimore. Pet. Jan. 10. Jan. 31, at

twelve, at the George hotel, Rye. Sol. Butler, Rye
HEWITT, JOHN, hosier, Gloucester. Pet. Jan. 9. Jan. 26, at

twelve, at the Bull hotel, Gloucester. Sols. Messrs. Corbett,

Gloucester
HOLMES, PETER GEORGE, leatherseller, West-st, Hackney. Pet.

Jan. 9. Feb. 6, at twelve, at offices of Sol. Buchanan, Basing

hall-st HOLT, DAX, joiner, Thornhill. Pet. Jan. 9. Jan. 27, at ton, at

the house of Goodall, the King's Arms Inn, Dewsbury. Sol.

Walker
JEWERS, FREDERICK, riveter, Northampton. Pet. Jan. 8.

Jan. 20, at eleven, at office of Sol. Jeffery, Northampton
JOHNSON, WILLIAN JAKROT, farmer, Wootton Waven. Pet

Jan, 6. Jan. 22, at twelve, at offices of Sol. Jones, Alcester JOXES, JOHN, f.hmonger, Birmingham. Pet. Jan. 1. Jan. 19,

at twelve, at office or Sol. Fallowe, Birmingham KING, SAMUEL RICHARD, draper, Stockenchurch. Pet. Jan. 9.

Jan. 28, at twelve, at the Falcon hotel, High Wycombe. Sol.

Batting, Great Marlow
KUHN, EUL, die sinker, Birmingham. Pet. Jan. 9. Jan. 26.

at eleven, at office of Sol. Cottrell, Birmingham
LAMPORT, CHARLES, íronmonger, Fareham. Pet. Jan. 9. Jan.

27, at four, at office of Sol. King, Portsca LAW, WILLIAM, charcoal dealer, Compton, near Wolverhamp.

ton. Pet. Jan. 8. Jan. 23, at three, at offices of Sol. Dallow,

Wolverhampton
LEWIS, DAVID WILLIAM, chemist, Aberdovey. Pet. Jan. 7.

Jan. 30, at eleven, at 1, Baker-st, Aberystwith. Sol. Atwood,

Aberystwith
LINCOLX, JOHN ANDREW8, mineral water manufacturer, Park.

pl, Caledonian.rd. Pet. Jan. 2. Jan. 22, at eleven, at office of
Sol. Butterfield, Ironmonger-la
LOCKWOOD, WILLIAM, druggist, Preston. Pet. Jan. 10. Jan.

26, at two, at Messrs. Watson's Auction Rooms, Preston. Sols.

Cunliffe and Watson, Preston
LOFTHOUSE, THOMAS, cotton manufacturer, Lower Darwen,

near Blackburn. Pet. Jan. 9. Jan. 27, at three, at the ware.
house of Malcolm, Ross, and Co., Manchester. Sols. Wheeler,

Deane, and Fletcher, Blackburn
LORD, JEREMIAH, boot dealer, Bury. Pet. Jan. 8. Jan. 27, at

four, at office of Sols. Addleshaw and Warburton, Manchester Moss, John, veterinary surgeon, Loughton. Pet. Jan, 8. Jan.

26, at two, at office of Sol. Maynard, Cliffords-inn NOBES, WÚLIAN CHARLEN, miller, Merthyr Tydfi. Pet. Jan.

9. Jan. 31, at one, at offices of Sols Simon and Plews, Merthyr

Tydfil
NUTT, JAMES, retail brewer, Tipton. Pet. Jan. 7. Jan. 22, at

eleven, at offices of Sol. Travis, Tipton
OLIVER, WALTER, tailor, Normanby. Pet. Jan. 8. Jan. 23, at

three, at offices of Sols. Hutton and Bolsover, Stockton-on.

Tees
ONIONS, GEORGE, schoolmaster, Wyke, par, Birstal. Pet. Jan.

6. Jan. 24, at eleven, at office of Sols. Lancaster and Wright,

Bradford
PALMER FREDERICK JAMES, builder's foreman, Savington.st,

Sutherland-gardens. Peter's pk, Paddington. Pet. Jan. 7.
Jan 22, at ten, at office of Lewis, 123, Chancery-la. Soi. Long,
Blackfriars rd
PAYNTEN, WILLIAM, wine merchant, Mark-la. Pet. Jan. 6.
Jan. 24. at eleven, at office of Sol. Beck, East India-avenue,

Lendenhall-st
PEACOCK, ALBERT JOHX, grocer, East Moulsey. Pet. Jan, 10.

Jan. 30, at two, at the Guildhall Coffee house, Gresham-st. Sols.

Merriman, Powell, and Co., Queen-st, London
PEAR-ON, JOSEPH, labourer, Nettleham. Pet. Jan. 8.

Jan. 31,
at eleven, at office of Sol. Harrison, Lincoln
PICARD, JOEL, shopman, Dewebury, Pet. Jan. 8. Jan. 26, at

two, at offices of sol Harle, Leeds PIKE, WILLIAM HENRY, coal merchant, Burbage Wharf, Wilts.

Pet. Jan. 3. Jan. 17, at two, at the Savernake Forest hotel,

Burbage. Sol. Dixon
POLE, EDWARD, commission agent, Edgbaston. Pet. Dec. 29.

Jan. 21, at ten, at offices of sol. East, Birmingham
POWELL, GEORGE EDWARD, wine merchant, St. Benet-place,

Gracechurch.st. Pet. Jan. 3. Jan. 26, at twelve, at office of
Chandler, public accountant, 13, Coleman-st. Sol. Miller,

King-st, Cheapride
PROVEST, CHARLES, bookseller, New Windsor. Pet. Jan. 10.

Jan. 21. at three, at office of Sol, Phillips, Grays-inn-sq
ROBINSON, JOK, auctioneer, Carlisle. Pet. Jan. 9. Jan. 26, at

three, at office of Sol. Wannop, Carlisle
ROSSITER, FREDERICK, plumber, New Town, Bradford-on-Avon.

Pet. Jan. 6. Jan, 2, at two, at offices of Messrs. Pocock,

public accountants, Bath. Sol. Shrapnell, Bradford.nn-Avon RUTHERFORD, THOMAS KIRKLEY, schoolmaster, Blackburn.

Pet. Jan. 10. Jan. 30, at three, at office of Sols. Hall and

Holland, Blackburn
SANDERSON, WAY WALFORD, brewer, Beaufort-ter, Nunhead-la,

Peckham Rye. Pet. Jan. 9. Jan. 24, at eleven, al offices of

Dormer, accourtant, 93, Moorgate-st. Sol. Pullen
SMITH, HUBERT, engineer, Hereford. Pet. Jan. 10. Jan. 29. at

eleven, at the Green Dragon hotel, Hereford. Sol. Bodenham,

Hereford
SMITH, WILLIAM, licensed victualler, Hayes. Pet. Jan. 8. Jan.

26, at three, at office of sol. Neave, London-wall
STATHAM, THOMAS ROBERT SMITH, brewer's agent, Trinity-ter,

Tredegar-90, Bow.rd, Pet. Jan. 6. Jan, 24, at one, at office of

Sol. Cattlin, Basinghall.st
SYKES, FRANCIS WHITWORTH, no occupation, Richmond. Pet.

Jan 2. Jan. 27, at twelve, at office of Sols. Lawrence, Plews,
and Boyer, Old Jewry.chmbs

BIRTHS, MARRIAGES, AND DEATHS.

BIRTIS. BEAUMONT.--On the 25th ult., at Riverdale House, Richmond, the

wife of Joseph Beaumont, Esq., of Lincoln'a-inn, of a son. HENDERSOX-On the 6th inst., at 24, Lancaster-gate, Hyde park,

the wife of John Henderson, Esq., barrister-at-law, of a daugh.

ter. SMITH.--On the 6th inst., the wife of J. George Smith, barristerat-law, 26, Lansdowne-crescent, Notting hill, of a son.

MARRIAGES. HAGGARD-SCHALCH.-On the 15th ult., at the Fort Church, Cal

cutta, Allied Binuber Haggard, Bengal Civil Service and bar rister-at-law of Lincoln's Inn, to Alice Geraldine, eldest daugh.

ter of Vernon Hugh Schalch, Esq., Bengal Civil Service. HUGUES--BRIGHT.-On the 31st ult, at Bluffside,, Yonkers,

United States of America, Reginald Hughes, D.C.L., barrister, of Lincoln's inn, to Matilda Adeline, eldest daughter of the

Rev. Dr. Bright, of New York, NEISON-WALTERS.--On the 30th ult, at St. Pancras Church, Francis G. P. Nelson, Esq., barrister-at-law, Lincoln's-inn, to Annie, youngest daughter of the late Rev. T. D'Oyley Walters, of Bath And Batheaston. STEELE-ROBINSOX.-On the 30th ult., at Mirfield, Adam Rivers

Steele, of No. 44, Bloomsbury-square, and No. 9, Cook's court, Lincoln's inn, solicitor, to Eleanor, second daughter of the late

Charles Robinson, of Middleham, Yorkshire. STREETER-WALKER.-On the 31st ult., at Addington, Surrey, John Soper Streeter, solicitor, of Croydon, Surrey, to Marion, youngest daughter of Marmaduke Walker, of Addington Lodge, Addington.

DEATHS. FINNIS.-On the 29th ult., at his residence, the Terrace, Turn.

ham green, aged 51, Mr. Robert Finnis, solicitor. HALSWELL.-On the 1st Inst., at 28, Kensington gate, Hyde-park, aged 83, Edmund S. Halswell, Esq., a Justice of the Peace and

Deputy. Lieutenant for the county of Middlesex. KELLY.-On the 1st inst., at A, Connaught-place, Ann, Lady

Kelly. the wife of the Lord Chief Baron Sir Fitz Roy Kelly. OKE.On the 9th inst, at Rosedale, St. Mary's-road, Peckham,

aged 51 years. George Oke, of the Mansion House, City. PERRIN. - On the 2nd inst., at Lewisham, Kent, aged 34, Samuel

Henry Perrin, 15, King street, Cheapside, E.C., solicitor.

ream.

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REFORM. - The exorbitant items of the undertaker's bill have long operated as an oppressive tax upon all classes of the community. With

view of applying a remedy to this serious evil the LONDON NECROPOLIS COMPANY when opening their extensive cemetery at Woking, held themselves prepared to undertake the whole duties relating to interments at fixed and moderate scales of charge, from which survisors may choose according to their means and the requirements of the case. The Company also undertakes the conduct of Funerals to other cemeteries, and to all parts of the United Kingdom. A pamphlet containing full particulars may be obtained, or will be forwarded, upon application to the Chief Office, ,, Lancaster-place, Strand, W.0.

To Readers and Correspondents.

MR. SOUTRALL (Worcester).-Refer to our leading paragraphs this week. The

Law Times has no political opinions, and if a Conservative Government were in power its appointments would be criticised with precisely the same freedom, J. P. TAYLOR.-No, only a part of one. Anonymous communications are invariably rejected. All communications must be authenticated by the name and address of the writer

not necessarily for publication, but as a guarantee of good faith.

Six hundred guineas have been distributed between four students of the Inns of Court for proficiency in Roman Civil Law and Jurisprudence. By this liberality the study of Roman law is necessarily raised in the estimation of students above the study of any other branch of knowledge forming a portion of the education of an English lawyer. It is not politic, in our opinion, to give special pecuniary advantages to students engaged in one particular study; the large prizes should be given to the candidate who displays an intimate acquaintance with law generally. But it is the characteristic weakness of the government of the Inns of Court to be led into extremes. Either nothing is done or new paths are struck out and pursued with that vigour which novelty is calculated to excite. We do not deprecate high rewards for proficiency in Roman law, but we urge that English law should be placed upon the same footing.

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afternoon's post. When payment is made in postage stamps, not more than 58. may be remitted at one timo. All communications intended for the Editor of the Solicitors' Department should be so

addressed.

An important case under the Apportionment Act was before Vice Chancellor Malins in Capron v. Capron on Wednesday. It was this, viz. : whether in all cases where a testator seised in feo devises a particular estate and dies between the half yearly and quarterly days for the payment of his rents, there should be an apportionment of those rents between his own personal estate and his devisee. The testator in the cause bad made his will before the passing of the Act of 1870, but he added a codicil afterwards, and his Honour held that he had a discretion to apply the Act to a will thus executed, and made a declaration that there must be an apportionment of the rents, and that such portion of them as accrued before the death of the testator belonged to his general personal estate. This decision is the more important, as Lord SELBORNE in Jones v. Ogle (L. Rep. 8 Ch. 192 ; 28 L. T. Rep. N.S. 245) doubted whether the Act could affect the construction of a will previously made.

* CON TEN TS.

a

REPORTS.
COURT OF APPEAL IN CHANCERY.
BELASEY +. FFRESH-

Solicitor-- Llen on documents--Produc-
tion.--Administration suit

706 PEAR: Er. CARRIXTOXWill Construction-Child en entre #4 ire.....

706 R. THE CONTY PALATINE LOAN AND DIXUST CO. TEANDALE'S CASE)

Company--Cancellation of shares 707
CAVE YDER. BULTEEL-
Mrtvaror and mortgagee--Mortgage

from one of two tenants in common... 710
Es parl. T: REV. JOHN EDWARDS-
Church Discipline Act 13 & 4 Vict. c. 96),
6.3-Ixue of commission

711 RETARDA

Warrkiesettlement-Covenant to settle wife's after acyuired property

712 Es park. WAKAY; Re JEAVONS.

Ex parte
BROS: R JE VOS

Practice-Bunkruptcy-Rehearing 713
COOLTHUR TE. SMITH
Bankruptay Act 1989, ss. 12, 72-Bank-
ruptcy o: mortgagor

714
ROLLS COURT.
BETHELL P. ARRAILAY-

Adninistrition suit--Trust funde-Investment

715 ROBINKON , EVANS Will - Construction--Legal personal represent discs-Next of kin

713 ATTORNEY GENTIAL 1. TERRY

Xavigable river-Erection of piles in bed of river by wharf owner

716 Re MAREZZO MARBLE CO. LIMITED Winding-up- Advertisement

720 FISHER « FINIER, FINHER * OAKES

Petition. --R12 way company-Transfer w credit of use

720
PAGET. MARQUIS OF ANGLESEY; E't
parte WATKINS
Apportionment & 5 Will. 4, c. 92, . 1
-Annuity granted by tenant for life... 721

V.C. MALINS' COURT.
THE WILTS AND BERKS CAXAL VAVIGA.

T10N COMPANY. THE SWINDOX WATER
WORK- COMPANY LIMITED) -

Canal company-Act of Parliament...... 722
PRENOTT. BARKER-

Wil-Construction-1 Vict. c. 26. 8. 26

Lensehulds-Contrary intention ........ 727
DORIS . DORIN-
Will-Gift to illegitimate children-Con-
struction .....

731
V.C. BACOX'S COURT.
HATHENIXG , LAING-
Eroker's lien - Mate's receipt - En.
dorsement-Bill of lading

731
V.C. HALL'S COURT.
SEUPHILL r. THE QUEENSLAND SHEEP
ISVESTMENT COMPANY (LIMITED) -
Bankruptcy-Assignment previously to

--Priority by notice Agreement 737
LEESE, MARTIN-

Banker's lien-Deposit of boxes con-
taining securities Custom of bankers 742

COURT OF COMMON PLEAS.
Ez parle SUTLIFFE-
Execution of conveyance by a married
wuina-3 & #Will. 4, c. 74, 8. 91

747
XIELD F. BATTY-
Corrupt Practices Municipal Elections
Act 1872 (35 & 30 Vict. c. 07)).....

747
COURT OF EXCHEQUER.
THE ATTORNEY-GENERAL *. LOMAS-
Legacy and probate duty

7749
TYERS AND OTRERS . THE ROSEDALE
AND FERRYHILL. IRON Co. (LIMITED) -
Sale of poods--Delivery during the year
by monthly instalmente

7751

LEADING ARTICLES, &c.
TO READERS AND CORRESPONDENTS ...... 209
LEADING ARTICLES
Topics of the Week

209 Meins of Knowledge and Representa. tions as Affecting Contricts

210 On the Valuation of Annuities and Future

and Contingent Debts und Liabilities in Bankruptcy

211 Duties Payable by Reason of Death

212 LAW LIBRARY

213 SOLICITORS' JOURNAL Topics of the Week

213 Notes of New Decisions

213 The Apportionment Act--Construction of Will mude before

214 Correspondence

214 Unclaimed Stock and Dividends in the Bank of Englund

214 Appointments under the Joint Stock Winding-up Acts

214 Creditors under Estates in Chancery Creditors under 22 X 23 Vict. c. 35

214 MAGISTRATES' LAWNotes of New Decisions

215 Kent General Session

21.5 Borough Quarter Sessions

213 ELECTION LAW Notes of New Decisions

215 Taunton Election Petition.

215 Manchester Sessions Court

210 REAL PROPERTY AND CONVEYANCINGNotes of New Decisions

216 COMPANY LAWNotes of New Decisions ......

217 Court of Appeal in Chancery

217 MARITIME LAW Notes of New Decisions

218 Specimens of a Code of Marine Insurance LAW.....

218 MERCANTILE LAWNotes of New Decisions

219 COUNTY COURTNBradford County Court

220 Bristol County Court

Guildford and Godalming County Court... 221
BANKRUPTCY LAW-

Notes of New Decisions
Hulirax County Court
Lincoln County Court

AR
LEGAL NEWS-

The Attack on Mr. Hawkins, Q.C.
LAW STUDENTS' JOURNAL

University of London
General Exminution of Students of the

Inns of Court......
NOTES AND QUERIES OX POINTS OF PRAC-
TICE

123
CORRESPONDENCE OF THE PROFESSIOX... 233
LEGAL EXTRACTS-
The Solicitor-General and the Law of

Entail, &c. ..........
LAW SOCIETIES

Legal Practitioners' Society
Union Society of London
Articled Clerks' Society

Norwich Law Students' Society
LEGAL OBITUARY .........

225
PROMOTIONS AND APPOINTMENTS........... 225
THE GAZETTES
BIRTHS, MARRIAGES, AND DEATHS .........

We unwittingly did the LORD CHANCELLOR an injustice in our last impression by suggesting that if Mr. AMPHLETT were appointed to the vacancy in the Exchequer a political supporter would be rewarded. Mr. AMPHLETT, according to Dop, was not a Liberal, but a Liberal-Conservative; but although not a political ally, on all professional matters he was a sincere coadjutor of the LORD CHANCELLOR, and quite as eager and liberal a law reformer. The new Judge was born in the year 1809, and was educated at a grammar school in Staffordshire, and enbsequently at St. Peter's College, Cambridge, where he took his Bachelor's degree in 1831, coming out in the mathematical tripos as sixth Wrangler. He was called to the Bar at Lincoln's Inn in Trinity Term 18:34, and was for some time one of the acknowledged leaders in Lincoln's Inn. He received a silk gown in 1858. He is a magistrate and a deputy-lieutenant for Worcestershire, and has been for several years a deputychairman of the Quarter Sessions for that county. When Sir ROUNDELL PALMER became Lord Chancellor, Mr. AMPULETT was chosen his successor in the presidency of the Legal Education Association. It is interesting to know what the solicitors think of the appointment, and we have received an expression of opinion which we reproduce. A correspondent writes : “ Having in view the jurisdiction in bankruptcy matters which the Judicature Act throws upon the Court of Exchequer, it appears to me that the appointment of an eqnity counsel was very judicious. I am pleased to know that there is some prospect of law and equity working together in the common law courts, as the trial of a similar working in the courts of equity has proved a success. If the Judicature Act is to be properly worked, common law and equity Judges must sit side by side. The presence of a Judge who has bad a training in equity principles, will prove of vast use in duty questions which are practically left solely to the decision of the Court of Exchequer.”

ON

a

The Law and the Lawyers.

The question which has been in a certain sense decided in the Taunton Election Petition with reference to the production of telegrams, is undoubtedly one of considerable importance. Before noticing the strictly legal aspect of the question, we may observe that an objection to the inspection of post office telegrams has been put forward on very broad general grounds. The l'imes asks, "ought the department to be considered as standing in any different relation to telegraphic messages than that which it holds in respect to letters. . . . The general principle has in great measure been recognised that in respect to telegrams as well as to letters, the post office is in the mere position of a carrier.” The position of the Post-office is doubtless that of a carrier, and its duty to the public in the transmission of letters and telegrams is plainly to deliver them to the persons to whom they are addressed, and to no one else. So soon as letters or telegrams are delivered to the Post-office the property in them is vested in the intended receiver, and the sender has no right of stoppage in transitu. But the receiver's rights with reference to letters transmitted to him are distinctly limited-he canrot publish the contents without the permission of the sender. The case of the carrier is certainly à fortiori. But the receiver may be ordered to produce letters, even at the suit of a stranger. Lord Justice Carrys said in Hopkinson v. Lord Burghley, " The writer is supposed to intend

The Universities are sending some distinguished scholars up to the Ions of Court, and we are glad to add that the appointment to the vacancy in the Court of Exchequer adds a University man to the Bench. Baron AMPHLETT makes the sixth Cambridge graduate on the Common Law Bench, the others being the LORD CHIEF JUSTICE of England, Mr. Justice BLACKBURN, Mr. Justice BRETT, Mr. Justice Denman, and Baron CLEAŞBY. VOL. LVI.-No. 1608.

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that the receiver may use it for any lawful purpose, and it has court to exist? If it is I ought to assist its inquiries in every been held that publication is not such a lawful purpose.

But way." "I know,” his Lordship added, “ of no case in which the if there is a lawful purpose for which a letter can be used, it application of an accused person, saying by her attorney that she is the production of it in a court of justice for the furtherance of desires to be present, has been refused.' In delivering his judg. the ends of justice.” Moreover, the sender cannot protect letters ment, Mr. Justice FITZGERALD made some general observations from production by marking them “private and confidential.” If concerning the examination of prisoners on their trial. “I for the Post-office were the ultimate receiver of a letter or telegram, one,” he said, “have long entertained the opinion, and have retherefore, there could be no doubt about its liability, and if tele- peatedly expressed it from the Bench, that, at the final trial before grams are to be got at, it must be upon the ground that the Post- the judge and petty jury, prisoners should be allowed to tender office retains copies in its possession, and to a limited extent is a themselves and be received as witnesses, if they so desired it. I receiver. Supposing, however, that this were allowed to prevail, believe that there is a great defect in the law as it stands at we do not see how it is possible to compel the office to produce all present, and I think that an alteration in the law to that effect telegrams addressed to and from a particular town on a particular should be made, as it would be most conducive to the due adminis. day. In Lee v. Angus (14 L. T. Rep. N. S. 324) a subpana duces tration of criminal justice. The adviser of the prisoner has sworn tecum was served upon a witness, calling upon him in very wide that it would be necessary for the prisoner to be present at the and general terms to produce all deeds, documents, &c. in his pos- inquest before the coroner, in order that she might be tendered as session relating to the dealings and transactions between two firms a witness, and I must treat the application with that view, as bonâ for a period of thirty-three years. Vice-Chancellor Wood said the fide. That course, if adopted, will be taken at the peril of the terms of the subpæna were much too vague, and did not sufficiently party, and if I were sitting as a coroner, although I would not specify the documents to be produced, and that a witness ought call upon her to be examined, I should be very slow to refuse to not to be asked to ransack a large collection of papers for such a receive her evidence, if it were offered,” period of time to ascertain the precise documents wanted by the party. This reasoning applies when the papers are numerous, either on account of the long period over which they extend or the nature MEANS OF KNOWLEDGE AND REPRESENTATIONS of the business to which they relate. Nevertheless, the VICE

AS AFFECTING CONTRACTS. CHANCELLOR held, that having got the documents in court, the It is frequently important that contracting parties should be witness was bound to produce them. On the whole, Mr. Justice careful to inform themselves not only of the character of the GROVE exercised a wise discretion in not ordering the Post-office

person with whom they contract, but of all the circumstances to submit the telegrams to the proposed examination, but whether

existing at the time of the making of the contract. The law of under such circumstances the Post-office should be altogether agency in this country has in course of time assumed rather comexempted is a question of the first importance upon which we should not like to express any opinion.

plicated proportions, and it is now abundantly clear that different principles apply to dealings with factors and with brokers, and with agents generally of disclosed and undisclosed principals,

When an action is brought by undisclosed principals for goods On the 6th inst. judgment was delivered by Mr. Justice Fitz- sold, a question is very likely to arise whether the defendants GERALD in Re Marshall, which was an application by a prisoner in have any right to set-off against the claim a debt due to them by custody for a writ of habeas corpus, in order that she should be the agent. And in considering this claim to a right of set-off, it in attendance at an inquest held on the body of a soldier whom it must be asked as a preliminary question, had the defendant means is alleged she murdered by poison. When the prisoner was taken of knowing that the other contracting party was an agent? If he before the magistrate, application to him was made on her behalf had not, and the principal enabled his agent to hold himself out that she might be allowed to attend the inquest then being held, as owner of the goods, the agent's debt may be set-off against the but the magistrate decided that he had no power to grant the ap- principal. If, on the other hand, the defendant, with due diligence, plication. The argument in support of the application for a writ of could have ascertained that the vendor was an agent, no set-off habeas corpus was that the Court of Queen's Bench had discre- of the debt of the agent can be pleaded to an action by the tionary jurisdiction, and that even though the prisoner might not principal. be required as a witness before the coroner, she

was entitled to be The effect of knowledge upon the defendant's right of set-off present. It was pointed out that a coroner had power to exclude was discussed in the case of Borries and others v. The Imperial from the inquest both attorney and counsel, and that if the pri- Ottoman Bank (29 L. T. Rep. N. S. 689), where in an action by soner were not allowed to be present, any irregularities of which the real owners of goods for the price of such goods, the defenshe might be entitled to take advantage for the purpose of quash- dants pleaded that they had bought them of certain persons ing the inquisition would pass unchallenged ; -and further, that whom they believed to be the owners, and that they did not know the prisoner should be entitled to cross-examine the witnesses, that the plaintiff's were interested therein or that the vendors some of whom might die between the inquest and the trial, but were the plaintiffs' agents. On a demurrer to this plea it was whose depositions might possibly still be used, and no cross-exami- held that the plea was good without any allegation negativing nation take place at all. Solicitor-General Law, on behalf of the the means of knowledge on the part of the defendants that the Crown, urged that uniformity should prevail in the English and vendors were agents. The objection to the plea just escapes Irish practice, and that the settled practice in England is that a being a technicality, and appears to us to have been satisfactorily writ of habeas corpus will not be issued unless it appears to be met by Mr. Justice Keating, who said “what are means of knowsubstantially necessary to the ends of justice.

That may be a

ledge but evidence of knowledge, and evidence must not be general principle, but there is no English decided case which goes pleaded." We are not, however, interested in discussing here the length of saying that a prisoner ought not to get his writ for whether technically the averment of want of means of knowledge the purpose of attending the coroner's court. It occurs to us ought to have been inserted in the plea, but the principle involved that the argument with reference to the admissibility of the depo- is one of importance. sitions in evidence--the doubt whether they would be admissible The law of agency in this country has become somewhat comat the trial if accused were not present at the inquest-is of plicated by the existence of agents having different functions, itself sufficient ground for allowing the writ to go. ARCHBOLD in such as factors and brokers; but the law is now, we think, tolerably his Criminal Evidence says (p. 232), Although the former clear. First, a vendee of goods cannot in an action for the price statutes relating to the examination of witnesses against a by the true owner, set-off a debt due by the vendor's agent to the prisoner before justices and coroners (1 & 2 Ph. & Mc. 13; 2 & 3 vendee unless he dealt with the agent as a principal and had no Ph. & M. c. 10; 7 Geo. 4, c. 64, ss. 2 and 5) did not contain any ex- knowledge that he was an agent. If he can be affected with press enactment like that contained in 11 & 12 Vict. c. 42, s. 17, it knowledge that the seller was an agent, then the rule does not was yet determined in many cases, and recognised as a rule of apply, and he cannot set-off the debt of the agent against law, that, where the examination of witnesses in cases of felony the claim of the owner of the goods. To enable us to underunder these statutes was tal:en in the presence of the accused, stand this doctrine, it is only necessary to look at one or and he had the opportunity of cross-examining them, the two of the principal cases, and the best illustration is furnished deposition of any such witness might be read in evidence by Baring v. Corrie (2 B. & A. 137). There Coles and Co., who against the accused on his trial, in case the person who were brokers, and also merchants, sold to Corrie and Co. in their made the deposition were dead.” We have not looked at own names sugars belonging to Baring, Brothers, and Co., who the authorities cited by the counsel for the application in brought an action for the price. The true nature of the contract Re Marsholl, but it is obvious that any judge would hesitate con- was entered by Coles and Co. in their brokers' book, which the siderably to admit the depositions of a witness before the coroner defendants might, if they pleased, have seen. Coles and Co. had on the trial of the accused, if the accused had not been present not the possession of the sugars which were lying in the West at the examination. Whereas it is equally clear that there could India Docks where, by the usage of the docks, they could not have be no objection to the reception of such evidence the accused been taken without the order of the plaintiffs, whose principal having been present. The SOLICITOR-GENERAL contended that the clerk signed the delivery order. Under these circumstances the writ ought not to go merely to gratify the desire of the accused court held that the defendants had no right to set-off against the to be present, but only where the accused wished to give evidence. demand of the plaintiffs for the price of the goods a debt due to In this argument we do not for a moment concur, but we entirely them from Coles and Co. The plaintiffs there had not even given agree with Mr. Justice FirZGERALD, who said that he always con- to the selling brokers the muniments of title, and with 'ordinary sidered that the more latitude allowed in preliminary courts the diligence the vendees might have known that Coles and Co. were better for the course of justice; and again, “Is the coroner's acting as agents for Baring Brothers. As Mr. Justice Bayley put

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