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Contracts; the so-called Consensual Contracts.

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 the so-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 AND 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 gative of the Crown. Facts.

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 (s0 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 ordinary reading, pay special attention to

Advanced Class.

HATS OFF !-Do you consider it right and the above-mentioned subjects, and that for such purpose they will read the following cases with dence (continued).

1. The General Principles of the Law of Evi. fitting for magistrates at quarter sessions to wear

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 Vurray v. Lord 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 Streatfield, vol. I, p. 331 ; and on Satisfaction, HINDU AND MAHOMMEDAN LAW AND THE LAWS

one or two to the many suggestions on this subject

which have been lately made in your columns ? Ex parte Pye and Chancy's Case, vol. 2, p. 365. The Tutors in Equity propose to take the follow. The Professor of Hinda and Mahommedan Law, bankruptcy should be held by a solicitor, where

First, I would suggest that the office of trustee in ing 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 Adranced Course. 3. Civil Procedure Code.

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,

S. H. WALPOLE, Chairman. mon in the Profession. Story's Equity Jurisprudence.

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 seem 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 :


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- NOTE.-This Department of the Law Times being open to

preparing the requisite statements. There is, I 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 the Incidents of the Mortgagor's Estate, the

responsible for any opinions or statements contained in it cases the appointment of trustee is altogether in Remedies of the Mortgagee, and the Provisions of

the hands of solicitors, but how seldom 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 Construc. 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 a 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 semiThe 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 ventura Public Lectures.

any delay would be the means of the debt being to think that an authoritative suggestion 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 sugIn 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 quite 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 are-Williams on the Law of Real draw the attention of those in whom rests the done in this way if á fund were raised and placed Property; Williams on the Law of Personal Pro. power of removing such difficultim* 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 assimilate 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 I 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 in

on this

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

Professional Partnerships Dissolbed. 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. Teorge Bell Rothera and Hanwelt NOTES AND AND QUERIES ON will be fresh in the recollection of our readers. Holmes Carter) Mr. Oke was the author of many standard legal | GREEN HALCH and FINNEY, attorneys and solicitors, Acrestleld,

Great Belton. Dec. 31. (James Greenhaigh and James Fin. POINTS OF PRACTICE. works, including The Magisterial Synopsis (which ney)

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


EDWARD, and TUNSTALL, CHARLES WILLIAM, solicitors and NOTICE.- We must remind our correspondent, that this terial Formalist, The Law of Turnpike Roads, a attorneys, Fenchurch-bldg., Fenchurch-st. Dec. 31. Debts by

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


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

81. (Henry Kimber and Charles Cydwelyn Ellis) N.B.-None are inserted rinless 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,


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 MILLIGEN, attor. 57. MORTGAGEE AUING MORTGAGOR'S TENANT FOR died on the 21st ult., at his residence in that town, neys and solicitors, Lynn. Jan. 31

HOLDES, THOMAS, and AOLDEX, JAMES HENRY, attorneys and RENT.-Will some of your readers give me the names of in the ninety-first year of his age, was the eldest

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

son of the late Mr. Henry Hargreaves, of New. v. Eicke which shows the right of a mortgagee to sue mortgagor's tenant for rent of premises held under ten church-inRossendale, 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 Bankrupts' Court, Basinghall-street. admitted an attorney and solicitor in 1806, and ARTHUR, THOMAS, gentleman, Asylum rd, Old Kent-.d. Pet.

Jan. 7. Reg. Pepys. Sole. Messrs. Anderson, Ironmonger-la. Answers.

commenced the practice of his profession imme. Sur. Jan. 20 (Q. 50.) CASE IN BANKRUPTCY WANTED.-I take it diately afterwards at Colne, in Lancashire, being BUNCE, WILLIAM, wharfinger, Irongate-wharf, Paddington; also

Reg. Spring-tice. Sol. "R. T.," when he speaks of the costs being below £200, taken into partnership by Mr. John Bolton, of Scaife, Edgeware-rd. Sur. Jan. 22

BUXTON, JOSEPH HOLMES, surgeon Compton-ter, Upper-street, means assets. If so, a case in point is Ex parte Hodge, re that place; and on the death of that gentleman a

Islington. Pet. Jan. 5. Reg. Hazlitt. sols. Messrs. Miller, Lenon, quoted in p. 492 of Roche and Hazlitt on Bank- few months afterwards, Mr. Hargreaves was left Sherbourne-la. Sur. Jan. 28 raptcy. There on an appeal it was decided that where in charge of a very widely extended practice. In HARRIS, HEXRY LEWis, parking case maker, Mansell-st, Ald. the estate is worth less than £200 the costs must be 1810, on the office of Coroner for the Hundred of

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

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

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

Reg Kuy. Sur. Jan. 29 tion whether the Apportionment Act 1870 applies be should remove his residence to Blackburn, which

the appointment that he CRAWFORD, JOHN, sailmaker, Sunderland. Pet. Jan. 5. Reg.

Ellis. Sur. Jan. 27 tween vendor and purchaser seems to be yet unsettled.

JESKINS, JOHN, builder, Swansea, Pet. Jan. 3. Reg. Joneg.

Sur. Jan. 21 An article on this subject will be found 53 LAW TIMES, is situate in a more central part of the Hundred.

OWENS, WILLIAM, grocer, Pontprenllwyd. 313. The duties of this important office Mr. Hargreaves

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

Rees. Sur. Jan. 22 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

Sur. Jan. 27 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

BESCOBY, EDWARD, out of business, Ashchurch-ter, New.rd mitted and had surrendered. See 1 Vict. c. 26 s. 4. elected in his place. Besides filling the office of

Hammersmith. Pet. Jan. 8. R+R. Pepys. Sur. Jan. 27

CONDON, JORX, coul merchant. Kingsbridge-pl, Westferry-rd, Such fees and fines would primă facic be borne by the coroner, Mr. Hargreaves took a leading and

Millwull. Pet. Jan. 10. Reg. Roche. Sur. Jan. 20 vendor. The purchaser will only pay ove 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

Reg. Callaway. Sur. Jun 23 trustee to be admitted: (Glass v. Richardson, 9 Hare

BOULD, THOMAS EDWARD, and BOULD, ALFRED JAMES grocers, to the Police Commissioners; then, on the super- Lougton. Pet. Jan. 9. Reg. Kenry. Sur, Jan, 3 698; Reg. v. Wilson, 7 L, T. Rep. N. S. 326). Z. Y. cession by the Improvement Commissioners, under

BUTCHER, JAMES, gentleman, Biighton. Pet. Jan. 7. Reg.

Evershed. Sur. Jan. 28 If B. was admitted, her trustee (as donee of the the Local Act of 1847 (which Mr. Hargreaves took EAST, EDWARD, gunmaker, Birmingham. Pet. Jan. 3. Reg. power of appointment), could appoint the copyholds to the means to procure), as clerk and legal adviser

Chauntler. Sur. Jan, 26 the purchaser without being admitted, and therefore

GILPIX, 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. Rodgers. Sur. Jan. 23 admission. The appointee is considered as coming 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. Downing 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. ker. Murray. Sur. Jan. 21 Shepherd, Cro. Jac. 199; Rer v. Lord of the Manor of Oundlo, Blackburn Times, Mr. Hargreaves had numerous

MOTTRAM. GEORGE, potato dealer, Sheffield. Pet. Jan. 8. Reg.

Wake. Sur. Jan. 20 1 A. & E. 283; Glass v. Richardson, 3 P. M. & G. 660; private presentations of plate and other memorials

STEWARD, ALFRED CHRISTOPHER, ont of business, Great Yar

mouih. Pet. Jan. 8. Meg. Walker. Sur. Jan. 23 admitted, her trustee or donee still does not require to made to him by his clients and other friends; and

TOPPIN, JOSEPH, carrier, Penrith. 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 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 movements set on foot in Blackburn during the last will be paid by the vendor in absence of express last sixty years. Mr. Hargreaves married, in

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 121.)
G. 1812, Elizabeth, daughter of Mr. Robert Har.

AINGE, THOMAS, hatter, Barrow-in- Furness. Pet. Jan. 6.

Jan. greaves, of Bury, by whom (who died in 1862), he

at the ship hotel, Barrow-in-Furness. Sol. Brad

sha, Barrow-in-Furness had eight children, one son, Henry Unsworth, ANOS, JOSIAH, beerhouse keeper, Smethwick. Pet. Jan. 5. Jan. LEGAL OBITUARY. above mentioned, and seven daughters. The 20, at two, at offices of Sol. Burton, Biriningham

ASPDEX, Jorn, grocer, Burnley. Pet. Jan. 6. Jan. 23, at three, remains of the deceased gentleman, which were at office of Gill, 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 late scholar of Balliol the family vault at Newchurch-in-Rossendale, the College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain; and, as it is desired mayor and corporation of Blackburn, together

BARON, EDWARD HOWARTH, accountant, Manchester. Pet. Jan.

7. Jan. 26, at three, at Office 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, chemiet, Wharton. Pet. Jan. 5. friends of deceased members of the Profession will oblige others, being present.

Jan. 21, at eleven, at ottice 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 hotel, Chelmsford. Sol. Woodward,

BELL, JOHN CAMBRIDGE, brewer, Bath'ord. Pet. Jan. 2. Jan.

18, at eleven, at the Castle hotel, Bath. Sol. Dyer


BLOMLEY, THOMAS, stationer. Bury. Pet. Jan. 6. Jan. 21 at The late Robert Hillier Rickards, Esq., barrister.

three, at office of So. Anderton, bury

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 offices of Sol. Poole, Bar holomew close

BROOM, EDWARD, schoolmaster, Ramsgate. Pet, Jan. 7. Jan. who died on the 29th ult., at his residence in At the usual weekly meeting, held at the Law

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

BROOM, 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, CUANL S joiner, Manchester. Pet. Jan. 6. Jan. 28, shire. He was born in the year 1804, and was journed motion was carried.

at three, at toer o Sol. Ambler, Manchester

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

eleven, at offices of Rogers, 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:


Greenwich. Pet. Dec. 30. Jan. 19, at three, at the Unicorn

tavern, Horseferry-rd, Greenwioh. Sols. Chipperfield and lieutenant for the county of Glamorgan, married A MEETING of this society was held at Clement's

Sturt,, 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 Sol. Longden, Sunderland Knox, Esq., of Prehen, county Londonderry, Stanway in the chair. Mr. G. Whale opened the COHEN, MICHAEL COLEMAX, east india merchant, King-st, FinsIreland, by whom he has left a family to lament subject for the evening's debate-viz., That bury. Pet. Jan. 8. Jan. 27, at two, at office of Sol. Christmas,

St. John's-chmbs, Walbrook tho 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- Medlock. Pet. Jan. 6. Feb. 6. at

three, at offices of Sols. Sale, Shipman, Seddon, and Sale, ManG. C. OKE, ESQ. of four.

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

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

Jan 23, at four, at office of Sol. Badd, Norwich the Lord Mayor, at the Mansion House, who died BRISTOL ARTICLED CLERKS’ DEBATING CREDLAND, WILLIAM, varnish manufacturer, Sheffield. Pet. on the 9th inst., after only three days' illness, at


Jan. 2. Jan. 19, at twelve, at onces ot Sol. Porrett, Sheffield

DAVISON, JOHx, 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, ham, in the fifty-second year of his age, was born Library, Small-street, on Tuesday evening, the


RICHARD, paper makers, Stoke Canon. Pet. Jan. 6. Jan. 98, at in 1822, and for some time acted as clerk to the 13th inst., J. Miller, Esq., solicitor, in the chair. one, at the Bude Haven hotel, Exeter. Sol. Ford, 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 office of Gibson and Bolland, accountants, Liver appointed assistant clerk to the Lord Mayor ; and "In a case of manslaughter and assault, should pool. Sols. Noodburn, Pemberton, and Sampson, Liverpool upon the retirement of Mr. Goodman, in 1865, he conviction fow the latter be a bar to prosecution Dopp, John, painter, Manchester, Pet, Jan. 1. Jan. 31, at three. stucceeded that gentleman in the chief clerkship. for the former ?” Mr. Thomas opened in the DOWNES, JOHN, out of business, Durham. Pet. Jan. 7. Jan. 23.

at eleven, at office of Soi. Salkeld, Durham Mr. Oke had a high reputation for his intimate affirmative, and was followed by Mr. Fenwick in

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

Albany-rd, Camberwell, uuder firm of Jenkins, Engle, and

Praser. Pet. Jan. 6. Jan, 28, at one, at office of Sols. Dixoa, not only among members of the corporation and carried by a large majority.

Ward, and Letchworth, Bedford-row, Holborn

Sur. Jan. 26

23, at tes


his loss.

victualler, Nottingham.

Pet, Jan. 8. Jan. 27, at twelve, at offices of Sols. Messrs. Thorpe, Nottingham WARD, WILLIAM, provision dealer, Birmingham. Pet. Jan. 8.

Jan. 24, at eleven, at office of Sol. Davies, Birmingham WATCHORN, CLIFFORD JOHN, grocer, Charch-rd, Homerton. Pet. Dec. 27. Jan. 22, at three, at offices of sol. Lind, Beau

fort-bldgs WAYBORN, LEWIS, boot manufacturer, Streatham. Pet. Jan. 6.

Jan. 26, at two, at office of Slater and Pannell, Guildhall.chmbs,

London. Sol. Hewitt WEST MORELAND, EDWIX, and WESTMORELAND, WILLIAM, sewing machine manufa rers, Nottingham. Pet. Jan. 8.

Jan. 26, at twelve, at the Assembly-rooms, Low-pavement, Nottingham So'. Ashwell YOUNG, WILLIAM, draper, Trevor-89, Knightsbridge. Pet. Dec. 30. Jan. 20, at twelve, at oftice of Pilkethly, 59, Friday-st,

Cheapside. Sol. Marsden, Gresham-bldge, Guildhal ZUCCANI, DAVID WINTER ERNEST, cabinet maker, Hamilton-pl,

Highbury, and Bath-st, Tabernacle-walk, Curtain-rd, Shore. ditch. Pet. Jan. 12. Jan. 30, at two, at moes of Sols. Pritchard, Englefield, and Co. Painter's-hall

Orders of Discharge.

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

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


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

Dividends, Bradley, T. W. merchant, first, 3 d. Paget, Basinghall-st.Middleton and Fox, paper manufacturers, second and final, 5d. At Sutton and Elliott, solicitors, Manchester.- Schade, F. W. mer. chant, second, 6 1-32d. (and first and second of 18. 1-32d. to new proofs). Paget, Basinghall-st.-Weeks, W. H. B. bookseller, first, 2d. Paget, Basinghall-st

Church, Summers, and Daris, stay warehousemen, first and final 18, 24d. At Trust. M. Banes, Weavers-hall, 92, Basinghall-st. Douglas, A. P. draper, first and final, 148. 8d. At Trust. S. Hunt, jun., 54,, Manchester. -Grares, W. H. late major in the army, first and final, 23. 6d. _At Trust. W. Edmonds, 16, St. James-st, Portsea.- Kimber, R. I. farmer, second and final, 2 d. At Trust. T. Griffits, the Priory, Chippinz Wycombe.- Page, E. brewer, first, 1s. 6d. At Trust. J. F. Lovering, 35, Gresham-st.Roberts, E. of Taunton, first and final, 3s. 10d. At W. H. Williams and Co. accountants, Exchange, Bristol.-Ruddick, J. draper, first, 10s. At_53, Standish-gate, Wigan.- Waites, A. E. currier, 78. 6d. At T. T. Fry and Co. 59, Baldwin-st, Bristol-Watson, J. draper, first, 6s. 8d. At Douglas, Mitchell, and Co. stuff merchants Bradford


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

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

the wife of John Henderson, Esq., barrister-at-law, of a daugh. ter. SMITN.-On the 6th inst., the wife of J. George Smith, barristerat-law, 26, Lansdowne-crescent, Notting-hili, of a son.

MARRIAGES. HAGGARD-SCHALCH.-On the 15th ,ult., at the Fort Church, Cal cutta, Alfred Hinuber 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. HUGHES--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. Neison, 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

Orarles 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 26, 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 8, Connaught-place, Ann, Lady

Kelly, the wife of the Lord Chief Baron Sir Fitz Roy Kelly, OKE.-On the oth 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.O., solicitor.


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

Jan. 7. Jan. 22, at twelve, at ottice 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. Messrs. 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, Dale-
st, Livepool. Sol, Ponton, LẤverpool
FISHER, CHARLES ALLEN, doffin plate maker, Gomersal. Pet.

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

FORD, JOHN POINTON, wine merchant, Manchester. Pet. Jan

5. Jan. 23, at three, at the Clarence hotel, Manchester. Solo
Stead, Manchester
FRASER, ROBERT, innkeeper, Barrow-in-Furness. Pet. Jan. 6.

Jan. 93, at ten, at the Ship hotel, Barrow-In Furness. Sol
Bradshaw, Birmingham
FRETWELL, JANE, widow, milliner, Huddersfield. Pet. Jan. 2.

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

21, at twelve, at 69, George-st, Ryde. Sol. Urry GOODWIN, JOSEPH, fustian dealer, Manchester. Pet Jan. 5.

Jan. 23, at three, at office of Sol. Sampson, Manchester GREAVES, WALLACE MCGUFFON, general dry alter, Blackburn,

Pet. Jan. 7. Jan. %, at half past ten, at offices of Sol. Jones,

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

at one, at the Squirrel inn, Wellington. Sol. Ransom, Wel-
HARRIS, GEORGE ALBERT, lodging-house, keeper, Teignmouth.

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

Sols Pearson and Whidborne, Dawlish
HENCKEL, CHABLES FREDERICK, merchants, Manchester, also

manufacturer, Mechterstedt in Saxe Coburg Gotha, under firm
of Carl Benckel. Pet. Jan. 6. Jan. 26, at three, at offices of
Sols. Grundy and Kershaw, Manchester
HENNINGS, HENRY, ironmonger, Berwick-st, Soho. Pet. Deo.

31. Jan. 17, at eleven, at otfice of Sol. Willis, St. Martin's-ct, Leicester-sq HILBERT, FREDERICK BRITT, cheesemonger, Pimlico-rd, and

Lower Wandsworth-rd. Pet. Jan. 2. Jan. 22, at two, at offices of Sols. Messrs. Russell and Scott, Old Jewry-chmbs HOYLE, WILLIAM, innkeeper, Oldham. Pet. Jan. 6. Jan. 23, at

eleven, at offices of Sols. Messrs. Ascroft, Oldham
HURST, JOHx, builder, Waldegrave-rd, Teddington. Pet. Jan.5.

Jan. 23, at two, at offices of Sols. Wilkinson and Howlett, Bed-
ford-st, Covent-gdn
IRVING, GEORGE, out of business, Kirkdale. Pet. Jan. 6. Jan
23, at three, at P. Vine, Imperial.chmbs, 52, Dale-st, Liverpool

Sol. Blackhurst, Liverpool
ISAACS, 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, 22, at three, at J. Davies and Co., Bewseychmbs, Bewsey. st, Warrington. Sols. 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. 80, at one,

at the Queen's hotel, near Railway Station, Chester. Sol.

Roberts, St. Asaph
JONES, JOHx, 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, atwo, at 99, Cheapside. Sols. Lewis and Lewis, Ely-place, Hol.

born LANZ, CHARLES, baker, Murray-st, Hoxton. 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. Wheatcroft, Eastbourne LAZARUS, MORRIS, and LAZARUS, SAMUEL, butcher, York-st,

London-rd, and West-st, Upper St. Martin's-la. Pet. Dec. 31.

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

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

tingham 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', 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, 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. 29, at three, at office of Challis, accountant, Clement's-la.

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

at office of Sol. Lowe, 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. Downlng, 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, Blackburn. Pet. Jan. 5. Jan. 22, at

two, at the White Bear hotel, Manchester. Sols. Han and Hol.
land, Blackburn
NICHOLSON, GEORGE HENRY, commission agent, Manchester.

Pet. Jan. 6. Jan. 17, at office of Sols. Atkinson, Saunders, and
Co. Manchester, in lieu of the place originally named
PAYN, JAMES, baker, Girtford in Sandy: Pet Jan. 2: Jan, 22, at

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

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

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

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

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

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

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

at three, at office 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, accountant, 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, Portsea
STEEL, RICHARD GEORGE, carpenter, Marlborough-sq. Pet.

Jan. 1. Jan. 19, at three, ut 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. Bradshaw, Barrow-in-Furness TEMPEST, JAMES, Woolstapler, Bradford. Pet. Jan. 5. Jan. 27,

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

31. Jan. 28, at one, at 5, Tavistock-st, Covent-garden. Sol.
WAKEFIELD, FRANK, fancy goods dealer, Mare-st, Hackney.
Pet. Jan. 3. Jan. 20, at twelve, at office of Sol, Sydney, Fing-

WHITAKER, JOHN, bread baker, Halifax. 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 otrices of Sols. Jones and Hall,

King's Arms-yd, Moorgate-st
WRIGHT, ROBERT HODGSON, commercial traveller, Stretford.

Pet. Jan.5 Jan. 20, at three, at office of Sols. Messrs. Fox,
YOUNG, ROBERT JOHN, carpenter, Redcross-st, and Bridgwater.
sq. Pet. Jan. 7. Jan. 24, at twelve, at offices of Sol. Wells

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

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

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

at three, at offices of H. Bannister, solicitor, Accrington. Sols.
Mesers. Radcliffe, Blackburn
AVERY, EDWIN, hair dresser, Birmingham. Pet. Jan. 2. Jan.

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

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

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

at two, at the Red Lion hotel, Colchester

WOOD, printers, Smallheath, near Birmingham. Pet. Jan. 10.

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

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

bridge-ter, Woolwich. Pet. Jan. 7. Jan. 28, at two, at offices
of Slater and Pannell, accountants, 1, Guildhall-chmbe, Basing-

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

Jan. 94, at eleven, at office of Sol. Walker, Landport

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

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

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

Pet. Jan. 8. Feb. 7, at eleven, at office of Sol, Wade, Clifford's


Eastbourne, 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 HENRY, boot manufacturer, Derby. Pet. Jan.

8. Jan. 26, at three, at office of Sol. Harvey, Leicester
DAY, THOMAS, builder, Landport. Pet. Jan. 9. Jan. 27, at

eleven, at office of Sol, Walker, Landport
DUGAY, THOMAS, builder, Winchester. Pet. Jan. 9. Jan. 28, at
one, at the Eagle hotel, Winchester. Sols. Lee and Best, Win-

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,

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

Pet. Jan. 9. Jan. 26, 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. Messrg. Corbett,

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

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

HOLT, DAN, joiner, Thornhill. Pet. Jan. 9. Jan. 27, at ten, at

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

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

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

Jan. 6. Jan. 22, at twelve, at offices of Sol. Jones, Alcester
Joxes, Joux, fi hmonger, Birmingham. Pet. Jan. 1. Jan. 19,

at twelve, at office of Sol. Fallows, Birmingham
KING, SAMUEL RICHARD, draper, Stockenchurch. Pet. Jan. 9.

Jan. 28, at twelve, at the Falcon hotel, High Wycombe. Sol.
Batting, Great Marlow
KUHN, EMIL, die sinker, Birmingham. Pet. Jan. 9. Jan. 26.

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

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

ton. Pet. Jan. 8. Jan. 23, at three, at offloes of Sol. Dallow,
LEWIS, DAVID WILLIAM, chemist, Aberdovey. Pet. Jan. 7.
Jan. 30, at eleven, at 1, Baker-st, Aberystwith. Sol. Atwood,

LINCOLN, JOHN ANDREWS, 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.

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 once of Sols. Addleshaw and Warburton, Manchester
Moss, Joux, veterinary surgeon, Loughton. Pet. Jan. 8. Jan.

28, at two, at office of Sol, Maynard, Cuffords-inn
NOBES, WILLIAM CHARLES, miller, Merthyr Tydfil. Pet. Jan.
9. Jan. 31, at one, at offices of Sols Simon and Plows, Merthyr

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

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

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

PALMER FREDERICK JAMES, builder's foreman, Sevington-st,

Sutherland gardens, Peter's-pk, Paddington. Pet. Jan. 7.
Jan. 22, at ten, at office of Lewis, 123, Chancery-la. Sol. Long,
PAYXTER, WILLIAM, wine inerchant, Mark-la. Pet. Jan. 6.

Jan. 24, at eleven, at office of Sol. Beck, East India-avenue,
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
PEARSON, 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, WILLIAX HESRY, coal merchant, Burbage Wharf, Wilts.

Pet. Jan. 3. Jan. 27, at two, at the Savernake Forest hotel,

Burbage. Sol. Dixon
POLE, EDWARD, commission agent, Edgbaston. Pet. Deo. 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, Cheapside
PROVEST, CHARLES, bookseller, New Windsor. Pet. Jan, 10.

Jan. 2, at three, at office of Sol. Phillips, Grays-inn-sq
ROBINSON, JOHN, 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. 22, at two, at offices of Messrs. Pocock,

public accountants, Bath. Sol. Shrapnell, Bradford-on-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, at 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,

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

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

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

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

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


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THE "TEMPLE" ENVELOPE, extra secure, 98. 6d. per 1000.
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An immense stock in various bindings. ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales Copying Presses, Writing Cases, Despatch Boxes, Oak and Walnut Statiouery Cabinets, and other useful articles adapted to Library or Office, post free.

UNERAL REFORM. - The exorbitant an oppressive tax upon all classes of the community. With 4 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 survivors 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, 2, Lancaster-place, Strand, W.0.



tion-Administration suit PEARCE r. CARRINGTON

W111-Construction-Child en rentre sa



210 On the Valuation of Annuities and Future




from one of two tenants in common... 710

Notes of New Decisions

213 213




Ex parte


To Headers and Correspondents.

Six hundred guineas have been distributed between four students

of the Inns of Court for proficiency in Roman Civil Law and MR. SOUTHALL (Worcester).-Refer to our leading paragraphs this week. The

Jurisprudence. By this liberality the study of Roman law is Law Times bas no political opinions, and if a Conservative Government were in necessarily raised in the estimation of students above the study of

power its appointments-would be criticised with precisely the same freedom. J. P. TAYLOR. -No, only a part of one.

any other branch of knowledge forming a portion of the education Anonymous communications are invariably rejected.

of an English lawyer. It is not politic, in our opinion, to give All communications must be authenticat I by the name and address of the writer

special pecuniary advantages to students engaged in one parnot necessarily for publication, but as a guarantee of good faith.

ticular study; the large prizes should be given to the candi

date who displays an intimate acquaintance with law geneCHARGES FOR ADVERTISEMENTS.

rally. But it is the characteristic weakness of the government Four lines or thirty words............ 3s. 6d. | Every additional ten words ..... Os. 60. of the Inns of Court to be led into extremes. Either nothing

Advertisements specially ordered for the first page are charged one-fourth more than the above scale.

is done or new paths are struck out and pursued with that vigour Advertisements must reach the Office not later than five o'clock on Thursday which novelty is calculated to excite. We do not deprecate high afternoon.

rewards for proficiency in Roman law, but we urge that English

law should be placed upon the same footing. TO SUBSCRIBERS. The volumes of the Law TIMES, and of the LAW TIMES REPORTS, are strongly and uniformly bound at the Office, as completed, for 59. 6d. for the Journal, and 43. 60. for the Reports.

An important case under the Apportionment Act was before Portfolios for preserving the current numbers of the Law Times, price 59. 60., by Vice Chancellor Malins in Capron v. Capron on Wednesday. It post 5d. extra. LAW TIMES REPORTS, price 38. 6d., by post 3d. extra.

was this, viz. : whether in all cases where a testator seised in feo

devises a particular estate and dies between the half yearly and NOTICE.

quarterly days for the payment of his rents, there should be an The LAW TIMES goes to press on Thursday evening, that it may be received in the remotest apportionment of those rents between his own personal estate and

parts of the country on Saturday morning. Cornmunications and Advertisements must his devisee. The testator in the cause bad made his will before de transmitted accordingly. None can appear that do not reach the office by Thursday afternoon's post.

the passing of the Act of 1870, but he added a codicil afterwards, When payment is made in postage stamps, not more than 58. may be remitted at one time. and his Honour held that he had a discretion to apply the Act to All communications intended for the Editor of the Solicitors' Department should be so a will thus executed, and made a declaration that there must be addressed.

an apportionment of the rents, and that such portion of them as

accrued before the death of the testator belonged to his general CON TENTS.

personal estate. This decision is the more important, as Lord REPORTS. LEADING ARTICLES, &c.

SELBORNE in Jones v. Ogle (L. Rep. 8 Ch. 192 ; 28 L. T. Rep. COURT OF APPEAL IN CHANCERY. TO READERS AND CORRESPONDENTS ...... 209

N.S. 2445) doubted whether the Act could affect the construction Solicitor-Lien on documents-Produc

of a will previously made.
Topies of the Week
Means of Knowledge and Representa.
tions as Affecting Contracts

WE unwittingly did the LORD CHANCELLOR an injustice in our last and Contingent Debts and Liabilities in

impression by suggesting that if Mr. AMPHLETT were appointed to Company-Cancellation of shares .....

Duties Payable by Reason of Death ...... the vacancy in the Exchequer a political supporter would be

LAW LIBRARY ..... Mortgagor and mortgagee-Mortgage

rewarded. Mr. AMPHLETT, according to Dop, was not a Liberal, SOLICITORS' JOURNALEx parte THE REV. JOHN EDWARDS

Topics of the Week

but a Liberal-Conservative; but although not a political ally, on Church Discipline Act (3 & 4 Vict. c. 86), E. 3-Issue of commission The Apportionment Act-Construction

all professional matters he was a sincere coadjutor of the LORD of Will made before

CHANCELLOR, and quite as eager and liberal a law reformer. The Marriage settlement-Covenant to settle

Correspondence wife's after acquired property .....

new Judge was born in the year 1809, and was educated at a Es parte MACKAY; Re JEAVONS.

Bank of England BROWN : Re JEAVOXS

grammar school in Staffordshire, and snbsequently at St. Peter's Practice-Bankruptcy-Rehearing

Winding-up Acts. COULTHURST r. SMITH

Creditors under Estates in Chancery

College, Cambridge, where he took his Bachelor's degree in 1831, ruptcy of inortgagor

coming out in the mathematical tripos as sixth Wrangler. ROLLS COURT.

called to the Bar at Lincoln's Inn in Trinity Term 1831, and was for BETHELL T. ABRAHAM Administration suit-Trust funde-In

some time one of the acknowledged leaders in Lincoln's Inn. He re

Borough Quarter Sessions

ceived a silk gown in 1858. He is a magistrate and a deputy-lieuWill-Construction--Legal personal re

tenant for Worcestershire, and has been for several years a deputypresentatives-Next of kin

chairman of the Quarter Sessions for that county. When Sir Navigable river-Erection of piles in

ROUNDELL PALMER became Lord Chancellor, Mr. AMPULETT was

Notes of New Decisions ....


chosen his successor in the presidency of the Legal Education FISHER 6. FISHER: FISHER r, OAKES

Association. It is interesting to know what the solicitors think Petition-Railway company-Transfer Court of Appeal in Chancery

of the appointment, and we have received an expression of opinion PAGET . MARQUIS OF ANGLESEY; Er

Notes of New Decisions

which we reproduce. A correspondent writes : “Having in view Apportionment-4 & 5 Wm. 4, c. 22, s. 1

Specimens of a Code of Marine Insurance - Annuity granted by tenant for life... 721 Law..........

the jurisdiction in bankruptcy matters which the Judicature MERCANTILE LAW

Act throws upon the Court of Exchequer, it appears to me that THE WILTS AND BERKS CAXAL NAVIGA

the appointment of an eqnity counsel was very judicious. I am WORKS COMPANY (LIMITED)Canal company-Act of Parliament ...... Bradford County Court

pleased to know that there is some prospect of law and equity PRENCOTT *. BARKERWi-Construction-1 Vict. c. 26, B. 26Guildford and Godalming County Court... 221

working together in the common law courts, as the trial of a Leaseholds-Contrary intention......... 727

similar working in the courts of equity has proved a success. If W111-Gift to illegitimate children-Con. Halifax County Court

the Judicature Act is to be properly worked, common law and Lincoln County Court

equity Judges must sit side by side. The presence of a Judge The Attack on Mr. Hawkins, Q.C.....

who has had a training in equity principles, will prove of vast Broker's lien Mate's receipt - En

use in duty questions which are practically left solely to the deciV.C. HALL'S COURT. University of London

sion of the Court of Exchequer."

Inns of Court..........
Bankruptcy-Assignment previously to
-Priority by notice- Agreement


The question which has been in a certain sense decided in the Banker's lien-Deposit of boxes con- CORRESPONDENCE OF THE PROFESSIOX... 223 taining securities--Custom of bankers 742

Taunton Election Petition with reference to the production of COURT OF COMMON PLEAS.

telegrams, is undoubtedly one of considerable importance. Before Ex parte SUTCLIFFEExecution of conveyance by a married

notiving the strictly legal aspect of the question, we may observe woman-3 & 4 Wul. 4, c. 74, s. 91 ......... 747 BIELD . BATTY-

Legal Practitioners' Society

that an objection to the inspection of post office telegrams has Corrupt Practices Municipal Elections

Union Society of London Act 1872 (35 & 36 Vict. c. 80).....

been put forward on very broad general grounds. The Times asks, Articled Clerks' Society

Norwich Law Students' Society COURT OF EXCHEQUER.

ought the department to be considered as standing in any THE ATTORNEY-GENERAL *. LOMASLegacy and probate duty

different relation to telegraphic messages than that which it holds TYERS AND OTHERS . THE ROSEDALE

in respect to letters. . . . . The general principle has in great AND FERRYHILL IRON Co. (LIMITED) Sale of goods-Delivery during the year

measure been recognised that in respect to telegrams as well as by monthly instalments BIRTHS, MARRIAGES, AND DEATHS

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 The Universities are sending some distinguished scholars up to receiver, and the sender has no right of stoppage in transitu. But the Inns of Court, and we are glad to add tbat the appointment the receiver's rights with reference to letters transmitted to him to the vacancy in the Court of Exchequer adds a University man are distinctly limited--he canrot publish the contents without to the Bench. Baron AMPHLETT makes the sixth Cambridge the permission of the sender. The case of the carrier is certainly graduate on the Common Law Bench, the others being the LORD à fortiori. But the receiver may be ordered to produce letters, CHIEF JUSTICE of ENGLAND, Mr. Justice BLACKBURN, Mr. Justice even at the suit of a stranger. Lord Justice Cairns said in BRETT, Mr. Justice Denman, and Baron CLEASBY.

Hopkinson . Lord Burghley, "The writer is supposed to intend VOL. LVI.-No. 1608.


214 Unclaimed Stock and Dividends in the

214 Appointments under the Joint Stock


Creditors under 22 & 23 Vict. c. 35

Notes of New Decisions

Kent General Session

215 215

Bankruptcy Act 1889, ss. 12, 72--Bank


He was



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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.


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 subpoena 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 plaintiffs 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 gency in this country has become somewhat comat the trial if the 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

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 taken 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 Marshall, 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 FITZGERALD, 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

any ex

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