« EelmineJätka »
stead of reaching London at quarter to 11 o'clock Folkard said he wished to know if the registrar deeds of an estate, to point out any flaw in those 4.m., he did not get to Paddington until 2.45 p.m. had powar to review and altor his Honour's judg. deeds. I have yet to learn that it is the duty of By the time he got across to the hop market in ment.
counsel on the part of the plaintiff, to pick out Southwark the market was closed, and he could Pis HONOUR said Mr. Folkard was too perti. Alaws and state them to the court and jury. I have not transact his business. He stopped the night nacious, if he choose to make an application after always understood that it is the duty of the coun. in the metropolis, and went to the market the next the trial it should be heard, although no notice sel for the defendant to discover any flaw that day, but the price of hops had risen, and he had had been given.
there may be in the title of his adversary who to buy at a higher rate than had he been at the Mr. Folkard road from the shorthand writers claims the property. That is the universal rule. market the previous day. The plaintiff sought to notes taken at the application, where his Honour I have always understood that that is so, and as recover £41 odd for the loss he had sustained said that the costs of the application and the last long as I wear these robes, I shall always adopt through the company breaking their contract to trial should be paid by the defendant within a that rule, whatever may be the opinions of those convey him to Bristol in time for the 7.50 express. fortnight, if not judgment to be given for the who preside or practise in this court.
His Honour first considered whether any plaintiff and possession. Mr. Folkard argued Folkard then proceeded to put in a large amount contract had been made between the par. that till the requirements of his Honour's judg, of documentary evidence, which was attested by ties, and observed that op the time-tables ment had been complied with a new trial could witnesses. A deed executed in 1862, set forth issued by the defendants it was stated, “The not be had.
that £50 interest and principal was then paid on public time-tables of this company are only in. His HONOUR (to Folkard)-If you talk till to. a mortgage on the property in question. On this tended to fix the time at which passengers may morrow, I will have this case tried over again. deed he (Folkard) secured a verdict on the first be certain to obtain their tickets for any journey In answer to his Honour, the Registrar said trial, as it proved ownership within twenty years, from the various stations, it being understood the costs had been paid into court as taxed. the term required by law. The recital of the deed that the trains shall not start from them before His Honour said that they must, therefore, be of 1870 (which drew forth the strong remarks of the appointed time. Every attention will be paid considered as paid.
his Honour as reported above) set forth that this to ensure punctuality as far as is practicable, Folkard said that the Registrar had cut down £50 had not been paid, and accordingly the plain. but
the directors give notice that the company the costs of the plaintiff from £43 to about £19, tiff failed to prove ownership within twenty years, do not undertake that the trains shall start or
and he had done this contrary to his Honour's this being the only evidence on the point. At the leave at the time specificed in the bills, nor judgment. He (Folkard) wanted to know, and conclusion of Folkard's case, will they be accountable for any loss, incon. many attorneys in that court wanted to know,
Lascelles said he should submit to his Honour venience, or injury which may arise from delays if the Registrar had power to alter or review his that there was no caso to go to the jury, as the or detention.". What the notice stated as to the Honour's judgment. He (Folkard) said that they recital of the deed of 1870 destroyed any prima company not being responsible was mere moon. were entitled to the costs of the former trial, and facie case which bis learned friend's documentary shine, because they must be responsible if they until they were paid he did not propose to proceed evidence might have raised, and cited Roscoe and entered into a contract, but what they said was with the new trial.
Taylor on Evidence. that the time-tables issued by them were only His Honour said he would hear the applica- the view that the evidence in the recital
Folkard argued at great length in support of intended to fix the time by which passengers tion against the Registrar after the new trial. would be certain to obtain their tickets for any Folkard–We have had no costs, and until we
conclusive. It ought not, he said, to operate as journey from the various stations, it being under are paid your Honour has no power to go on with
an estoppel. He earnestly besought his Honour stood that the trains should not start from them
a new trial. I have well considered this matter, to let the case go to the jury. before the appointed time. He held that the and I do not propose to go on with it till your
His HONOUR said he should very much like the expressions in the notice only applied to the judgment has been fulfilled strictly to the letter.
case to go to the jury ; but if Mr. Lascelles pressed Portishead and intermediate stations, and not to Bristol ; and pointing out that it was stated in
His Honour-I consider that the conditions his point, he should certainly feel bound to decide
it. the body of the time bill that the train de have been complied with. The case will come on
After some further argument by Folkard. parted" from Portishead at 6.50 and "arrived" in due course, and if the plaintiff does not appear
His HONOUR, addressing the jury, said, -In this at 7.40, he held these words formed pari of the I shall give a verdict for the defendant. contract in giving notice to the passengers to
The application was then adjourned, and some
case the plaintiff has to show that he, or the per. cases disposed of, and after a short time, Folkard the rents and profits of the property within twenty
sons under whom he claims, has had the receipt of that effect, and on the notice to that effect the contract arose. If there had been any unavoid said, that the Registrar had paid the costs
as far years; or else that there has been a payment able cause of delay the defendants would not be
either of interest or principal upon a mortgage liable for the breach of their contract, but the paid was only on account. He was now prepared within that time. He has not proved the receipt picking up of the coal tracks was a voluntary to go on with the new trial.
of rents and profits, but he has made out a prima act, and the delay caused by it was not an
His HONOUR remarked that as Mr. Lascelles facie case as to the payment of a portion of prin. unavoidable one, and therefore he thought the had withdrawnhis application, Mr. Folkard was en.
cipal and interest within twenty years. The deed company had committed a breach of their con.
titled to the costs of the first trial irrespective of of 1862 contains an admission by a party, since tract in their train not arriving at 7.40 a.m. as the result of the new trial.
deceased, against his own interest.
It is an announced. With respect to the question, of
Folkard applied for the costs of the application admission by Charles John Woods that principal damages, he held that Mr. Arthur was entitled to which had been made and withdrawn by Mr. and interest had been paid to him, and that is a two guineas for the loss of time incurred in Lascelles.
sufficient prima facie case to put the defendant waiting for the second express train, but he
Lascelles said he left the matter in the hands of
to proof that it had not been paid. In the docukeld he could not recover damages for the loss his Honour.
ment of 1870 there is, however, as distinct and he sustained in London through the rise in the
His HONOUR granted the costs.
clear a recital and statement as could be framed market because he had not coinmunicated to the
A jury of five was then sworn.
that the money was never paid, and that Mr. company his special purpose in going to London,
Folkard objected to Mr. John Ellis, who accord. Wood, the grantee, always repudiated the transand they could not have contemplated loss aris? ingly left the box.
action. That deed was executed by the trustees from the breach of their contract. He gave a
We have previously reported the case at some of Mr. Hoad's will, and under that deed the preFerdict for the plaintiff for £2 2s.
length. The action was for the ejectment of the sent plaintiff claims. He is, in my opinion, bound defendant from a cottage and garden at Hasle. by that deed, and the defendant is entitled to a
mere. The case turned upon the ownership of nonsuit. GUILDFORD AND GODALMING COUNTY the house which is in the possession of the defen.
A ponsuit was then ordered.
dant. Both parties claim the ownership of it. A Folkard then made his application with regard
verdict for the plaintiff was given at the first to the taxation of costs by the registrar. He Tuesday, Jan. 15.
trial. At the next court an application was made complained that the registrar had improperly re(Before W.J. STONOR, Esq., Judge.) on behalf of the defendant for a new trial. This duced the costs, and had neglected to allow the ALLWYN V. LUFF.
application was granted, and the new trial came on costs of the first trial.
His HONOUR, after looking into the bill of costs, Folkard, instructed by Albery and Lucas, of
Folkard opened his case at some length.
ordered certain additions to be made. Midhurst, for plaintiff.
Lascelles called forth the question from Mr. At the conclusion of the case Lascelles, instructed by G. Hull, of Godalming, Folkard, "Do you accuse me of putting in a His HONOUR said that it was with very great for the defendant. fraudulent deed ?"
pain and regret that he adverted to a question to Lascelles said that he had given notice of an Lascelles.-I do.
which he had previously alluded. When he gave application to have the order for the payment of the issue
would be. Referring to a deed executed plaintiff had a perfectly fair title unless evidence
Folkard went on to say that they knew what an order for a new trial he considered that the trial. He had consulted his client, Mr. Luff, and in 1870, Mr. Folkard said a recital contained in it to the contrary could be shown by the defendant come to the conclusion that he would withdraw was most extraordinary, and proceeded to read it. at the new trial. He now
found that this was not so, the application, which he thought his Honour had The recital set forth that £50 shown by a deed exe
from the recital in the deed of 1870, which ought cuted in 1862 to have been paid to Mr. Charles to have been laid before the court. no power to grant. Folkard said he had something to say before John Woods, since deceased, by Mr. J. Hoad, and
Folkard.- I did not know your Honour was the application was withdrawn. "He would read had never been so paid, and that Mr. Hoad, the going to open that again. the notice which he had received. The learned grantee in the deed, had always repudiated it. His HONOUR went on to say that no doubt in counsel accordingly did so. The ground of the
Lascelles said that at the last hearing he, to these courts the greatest pressure in respect of application was that the order had been frauda.
save time, accepted the documents of the plaintiff time existed, and often the judge had to act as lently procured on the part of the plaintiff. The in good faith. He had no idea that the deed in counsel and to examine and cross-examine
witcondition on which the application for a new trial question contained anything like that which had nesses for hours and then hear cases argued by was that the costs should be taxed wtihin a been read.
counsel. The only way in which justice could be week and paid within a fortnight, otherwise the
His HONOUR (to Folkard). -- I consider you done was by counsel dealing fairly with the court. plaintiff was to have judgment and possession. behaved in a most improper manner in not call. If they did not, mishaps would arise
necessitating His Honour said at that time that the costs of ing attention to this recital at the last trial. It is
a new trial, as in this case, which ought to have the last trial were to be allowed. He now had to the first time since I have been on the bench that been settled at the previous court. (At this stage complain that only the costs of the day were
I have had occasion to say such a thing, and I am his Honour, addressing Mr. Folkard said, I see allowed, and not the costs of the first trial. very sorry to say it now. I consider that it is a
you are standing, Mr. Folkard. I desire you to His Honour said that should be the ground of deception and fraud upon the court.
sit. Mr. Folkard accordingly sat down.] If the an application against the registrar to review his
Folkard.--I have never had such a thing said
application of which Mr. Lascelles had given taxation.
His Honour.-I am much surprised to find notice, and which he had withdrawn, had been Folkard.-I apply now.
such a recital in this deed, and in acting in the pressed, as he certainly thought it ought to have His HONOUR (after consulting the registrer) way you have done I consider it was a very im.
been pressed, he should have thought it worthy of said the defendant had paid the taxed costs, and proper deception on the court.
much consideration. He thought that in this case was, therefore, entitled to a new trial. In the Folkard (emphatically). I have practised before great injury had been done to the defendant, and course of further conversation his Honour said every judge, and never had such a thing said to great damage would be done to suitors if counsel he had looked with great suspicion on the case me before. I have yet to learn that it is the duty and solicitors did not act with complete frankness from the first.
of counsel for a plaintiff, in producing the title and fairness towards each other. To call a deed
at one moment a conveyance and at another stage, viz., the hearing of the petition frr adjudi. | should fail to do so, they would become amenable, moment a reconveyance, when after all it was a cation. I shouldat all times feel bound inaplicitly not only to the censure of this court but to the release and a disclaimer, and not to draw attention to obey any decision of that learned judge, but as Comptroller of Bankruptcy, as neglecting their to its real character, was not dealing fairly with I have before observed, there was an established duties. It is not, however, a case for any formal the court.
debt in that case but none in this. It appears to order of this court, which would, indeed, be
me that the case in point is Ec parte Weir re Weir merely directing them to perform the duties cast BANKRUPTCY LAW.
(26 L. T. Rep. 333), where questions of partner- upon them by the Legislature on their accepting ship arose, and their lordships not only allowed a the office of trustees. If any person sets up &
stay of proceedings on the summons, but con. claim to any property which they may seize, of NOTES OF NEW DECISIONS.
sidered that security for trying the question course that claim will come before the court in PAYMENT OF COSTS OF PROSECUTION OUT OF should not have been required. I propose to the usual way, and be dealt with according to itsMONEY FOUND ON PRISONER-PRISONER AD- follow that decision, and I therefore order that merits. It is possible that the debtor may have, JUDICATED BANKRUPT BEFORE CONVICTION.- the procerdings on this summons be stayed given securities to fresh creditors, not having After the conviction of a prisoner for felony the (without security being given), until proceedings sent notice of the liquidation, which might be Central Criminal Court made an order, under sect. in a court of law shall have been taken by the valued as against the original creditors, but such 3 of 33 & 34 Vict. c. 23, for the payment of the summoning creditor against the summoning a case can scarcely arise unless the trustees have costs of the prosecution out of the moneys found debtors for the recovery of the demand men. been remiss, and it will be time enough to deal on the prisoner at the time of his apprehension. tioned in the summons, and until such court shall with it when it is brought before the court. The validity of this order being questioned by the have come to a decision thereon. At present I trustee in bankruptcy of the prisoner's estate on make no order as to costs. the ground that the prisoner had been adjudicated
LEGAL NEWS. a bankrupt between the dates of his apprehension and conviction, and that on such adjudication all
LINCOLN COUNTY COURT. his property vested in the trustee. Held, that the
Tuesday, Jan. 13.
THE ATTACK ON MR. HAWKINS, Q.C. order was rightly made, the trustee on adjudica- (Before JAMES STEPHEN, LL.D., Judge.) At Westminster police court on Tuesday Robert tion of bankruptcy, taking the property of the Liquidation - No discharge–Stock-in-trade ac- Booty, a painter, and Joseph Ryan, a general bankrupţ prisoner, subject to the possibility of the criminal court making the order in question.
quired by debtor after filing petition, the property being riotous and disorderly in Westminster, and Quære, whether such an order would be valid if Ar the last court Page, on behalf of the trnstees John Donovan, a lithographic printer, and Thomas the prisoner were adjudicated bankrupt in respect under the liquidation of Charles Lowe, tobacco- Ennis, a hawker of prints, were similarly charged, of an act of bankruptcy committed before his nist, Lincoln (Mr. Jay, of Lincoln, and Mr. with the addition that they used obscene lanapprehension. (Reg. v. Roberts, 29 L. T. Rep. Chatterton, of London), applied for directions as
guage. N. S. 674. Q. B.) to the course they should pursue in reference to
W. Doveton Smyth appeared for the defendant the stock-in-trade acquired by the debtor since
Booty. HALIFAX BANKRUPTCY COURT. the liquidation, he not having applied for or
The court was much crowded. obtained his discharge.
Mr. Pinhey, the chief inspector of the A divi. Thursday, Jan. 15. (Before Mr. Registrar RANKIN, sitting for the
His Honour was about to deliver his judgment, Considering the crowd and its size, there was not
sion, was cross-examined by Smyth. He said : when Judge.)
so much hissing and shouting ; the crowd was a Exc parte BOWERS V. OGDENS.
Rex interposed, and said he appeared for the large one and ran ; the defendant Booty was in Debtor's summons-Application to dismiss-Claim debtor, and also for one of the creditors.
the foremost rank of the crowd, others were in arisng out of partnership disputes-Staying
His HONOUR said he could not see that Mr. front of him ; he pushed persons-two or threeproceedings on summons without security. Rex had any locus standi.
and directly witness saw him he “ collared” him. G. Rhodes for summoding creditor.
Rex.-I appear for a creditor.
It was not the way to get out of the crowd, at England for debtors, in support of applica- This was an ex parte application for certain direc- both Ryan and Booty were hooting and hissing,
His HONOUR.-I would rather hear nothing. least what he was doing, and was quite sure that tion to dismiss.
The main facts appeared in an affidavit filed by tions of the court, which I am now prepared to and hundreds of others. the debtors, admitted to be substantially correct, give. There is no special matter before the court. The roughs in court here began to make a noise, and were shortly these : Messrs. Ogden (the I think your best plan will be to listen to my and Mr. ARNOLD said he would have the court debtors), had advertised for a managing partner judgment, and then it will be open for you to take cleared if there was a repetition of it. in a brewery, requiring a premium of £200, and any course you may think fit.
Mr. Pinhey went on to say he took the defenMr. Bowers agreed to join them ; but there were Rex said he would rather first call his Honour's dant Booty in the act of shouting and hissing, no written articles. If the whole premium should attention to a case,
which might not have been He said, "What have I done ?” and said he had, not be paid down at once Bowers was not to be under his notice. Lord Eldon had decided that gone to see something of the people connected a full partner," until it should be so paid, where an uncertificated bankrupt
with the trial, Sir Roger Tichborne, &c. He did but was to be allowed interest on any portions of His HONOUR (interposing): I am quite aware did not say he was going to see
his doctor over the premium paid by him, and was to have a of that. You had better hear what I have to the water. On this occasion Dr. Kenealy was not salary for management. Bowers managed the say. In this case application was made last there; the crowd went to see him, business on these terms for about six months, court on the part of the trustees for directions to Mr. ARNOLD: So they got hold of Mr. Hawkins and paid about £75 on account of the premium seize the stock-in-trade acquired by the debtor instead. which, the Ogdens say, was put into the business. since he filed his petition. He had not obtained Edward Shaw, a detective, who apprehended Disputes then arose, and the partnership was or applied for his discharge, but carries on his Donovan, was cross-examined, and said the man dissolved. The Ogdens complained that Bowers business as he used to do, it is believed, with Donovan was close to the shaft of the cab; it was was incompetent, and had damaged the concern money advanced by a bill of sale creditor, who, a Hansom, and Mr. Hawkins was inside ; lots of by bad brewing. Bowers alleged that the Ogdens having established his priority, diverted the whole people were shouting; lots of people shouted out had deceived him as to the value of the businese. of the debtor's property from the rest of the Here's b- Hawkins." A great number of Cross actions at law for damages were commenced creditors. I have no doubt that with regard to people said that; it was all they could do to get by the parties ; but Bowers, as a distinct matter, future property the status of an undischarged ont of the crowd with the prisoners; he was cerissued the present debtor's summons, claiming liquidating debtor is the same as that of an un. tain Donovan used the words “Here's b- old about £93, in respect of the part of premium paid discharged bankrupt. In either case, all the pro- Hawkins, let's turn the cab over.” When witness and salary. The debtors in their affidavit. perty which he acquires until his discharge is took him' he had hold of the shaft of the cab. denied the debt. In a correspondence the debtors' obtained belongs to the estate, and it is the duty Detective Marsh, E Division, cross-examined: solicitors had offered to pay £75 to await an of the trustees to collect it for the benefit of the Was close to Mr. Pinhey at the time of the rush. award, if Bowers would refer the whole case. creditors. The only exception to this is the per- First saw Booty after we got hold of Ryan. He
G. Rhodes claimed to proceed on the summons sonal labour of the debtor, which does not pass was a little bit in advance of the rush. There under the authority of Ec parte Ellis Re Kain to his creditors, the assignees (or trustees) not were some people in front of him and behind him. (24 L. T. Rep. 819).
being allowed, as it has sometimes been ex- he was not trying to get out of the crowd. He England reminded the Registrar of his own pressed, to let out the bankrupt to hire. But was hallooing, and hissing, and pushing people. dictum (reprobating issuing summonses in dis. with regard to any stock-in-trade, or profit which Smyth, in defence of Booty and Donovan, said: puted cases instead of proceeding by action at he derives from its sale, and the like, the case is Booty went to see the counsel for the defence, law) in Verity v. Thompson (LAW TIMES, vol. lii., different, and anyone who advances him the money having occasion to go to his medical man in the
but there the evidence before the for purchasing such stock, or allows him to con. Westminster-bridge-road. There was a rush, and registrar showed there was no debt owing--and tract fresh debts, does so at his peril. If, indeed, while he was trying to get out of the crowd he argued that the debtors were at least entitled to the trustees should allow him, without interfer- pushed persons. Anybody would do so to get out have the case tried by a jury, the debt being ence, to continue his business as if he were a free of a large crowd. He denied that the prisoner disputed and a good defence alleged, and questions man, subsequent creditors, if they could show had the slightest feeling in the matter, and he as to partnership arising.
that they were deceived as to his real posi- would show by evidence that he was a man of The REGISTRAR.–Ex parte Ellis v. Kain, cited tion, might possibly set up an equitable right good character; he was sure the inspector and by Mr. Rhodes, does not apply. In that case the to have priority over the original creditors. Marsh were mistaken in the confusion that endebt was a judgment debt, not to be set aside on But this, I apprehend, is not the case here, sued; the last witness had either made a gross such an occasion, and the question was merely as and in any event would not give the debtor mistake or had committed gross perjury. Donoto some alleged cross claims. In the present himself any right as against his trustee. I van, he said, was an honest, industrious young instance, it is denied that there is any debt; at bave not found, nor should I expect to find, man ; he had no work to do, and he went out of the same time the offer of the debtors to pay £75 any express authority to the effect that an un- curiosity to see the claimant and Dr. Kenealy. into a bank to await a reference, though not discharged debtor cannot retain future property He may have been near the cab, but he totally eqvivalent to an admission by payment into court, as against his trustee; but in a very recent case denied the use of the language, and attributed the savours of a consciousness on the part of the it was held that a creditor who had advanced charge to a mistake on the part of the police. part of the debtors that something might be money to a liquidating debtor on his resuming After the adjournment to the court, Mr. Arnold found to be owing from them. But in my view of business under the sanction and superintendence asked if this conduct had been repeated, and upon the case, as one arising out of partnership dis of the trustee after he had obtained his discharge, being answered in the negative, said he was very putes, I have grave doubts whether Mr. Bowers on the condition of his executing a bond for the glad to hear it; he characterised the conduct of can suceeed in a common law action, and on the payment of a certain sum to the trustees, was the crowd as perfectly monstrous; of the merits whole, the evidence to my mind being inconclu- not entitled to a lien on the price paid afterwards and demerits of the case they'knew about as sive, I consider I have an option either to dismiss for the business, on its being sold under à resolu- much as the stones under their feet; that & the summons or to stay proceedings : Ex parte tion of the creditors. A fortiori, therefore, would gentleman should be hooted and hounded by a Rowbotham (25 L, T. Rep. 921). It is true that in no such lien have existed had the debtor not ob. disorderly rabble was not to be tolerated, and Ex parte Ellis v. Kain, Lord Justice James ap- tained his discharge. On the whole, therefore, I means must be taken to repress it. He was pears to give the preference to letting the sum- am of opinion that the trustees are bound to follow satisfied that all the defendants had taken part in mons go on, and deciding the point at a further up Mr. Lowe in his new business, and if they ' it, and had they been proved to have been acting
in concert he should have committed them for a THE BALLOT ACT.--The Irish Court of Queen's show “the right of a mortgagee to sue mortgagor's riot, but as that was not so, he should deal with Bench has confirmed the conviction of Mr. Unkles tenant for rent of premises held under tenancy prior to them under his power as a magistrate. He trusted the Cork magistrate, for the offence of violating given such tenant notice to pay the rent to him. (Birch
indenture of mertgage,” that is, if the mortgagee has the view he took of the matter would be a warning the Ballot Act, by his disclosure of the nature of
v. Wright, 1 T. R. 378; Burrowes v. Gradin, 1 D. & L. to others, for the next time this sort of thing a vote given at the late election.
213; 1 Sm. L. C. 315; De Nicholls v. Saunders, L. Rep. 5, occurred he should deal with the offenders very The post of Registrar to the Railway Commis- C. P. 589.)
T. E. H. severely. At present, he ordered Booty to find sion, vacant by the death of Mr. Gilmore Evans, bail in £50 to keep the peace for three months ; has been filled up by the appointment of Mr. Ryan to find bail in £30 for a like term; and the Balfour Browne, barrister-at-law, of the Middle CORRESPONDENCE OF THE other two, Donovan and Ennis, to find bail in £5 Temple and Midland Circuit.
PROFESSION. each. Booty's bail was at once tendered and THE LAW OF CONSPIRACY.-Mr. Rupert Kettle accepted, and the others were removed to the will read a paper at a meeting of the Social cells. Science Association, to be held on the 26th inst., Nore: This Department of the Law Times being open to
free discussion on all professional topics, the Editor is not at their rooms in the Adelphi, on "The Law of
responsible for any opinions or statements contained in it MIDDLE TEMPLE.—Mr. Torr, Q.C., and Mr. Conspiracy as effecting employers and employed.” Lindley, Q.C., have been appointed benchers of The chair will be taken at eight o'clock by Fitzthe Middle Temple.
A CHRISTMAS APPEAL.-By your kind insertion james Stephen, Esq., Q.C.
in your paper of my appeal, headed as above, I THE EXETER ELECTION PETITION. – Baron
hereby thankfully acknowledge the receipt of the Bramwell has appointed Tuesday, Feb. 3, for the
subscribed sums bearing the adjoined signatures : hearing of the Exeter Election Petition-Carter LAW STUDENTS' JOURNAL. C. E. H., £1; Mrs. Reynolds, 58.; A. G. Joseland, and another v. Mills, M.P.
Esq., 2s. 60. May I ask as a further favour that CENTRAL CRIMINAL COURT.-The next session
UNIVERSITY OF LONDON.
you will kindly allow me, through the medium of of the Central Criminal Court will be held on
FIRST LL.B. EXAMINATION.-Pass List,
your paper, to thank those who have at once Monday, Feb. 2. The judge on the rota is Baron
assisted me, and likewise to state that any further Pigott, appointed to the North Wales Circuit.
donations towards my case will be carefully We understand that in the event of a vacancy Clarke, F.
attended to and acknowledged by the Rev. Thomas occurring in the office of clerks to the magistrates Phillips, wie
Piggott, 16, Belgrave-road, Upper Holloway. at Portsmouth, Mr. R. W. Ford, a well known Serrell, G.,
15th Jan., 1874.
LOUISA BANKS.. solicitor in the borough, would probably be elected Taylor, R. W., B.A. University College. to the office without opposition.
LEGAL PRACTITIONERS' SOCIETY.-In conseMR. COMMISSIONER KERR has, through his soli.
Colleges, &c. citors, threatened the common council of the City Baxter, W.,
Law Sch., Trinity Coll. Dublin. quence of a report which has been circulated and of London with proceedings, in reference to the Beaston, J.
published that the rules of this society have not payment of fees levied under the Admiralty Juris- Ellis, A. M.
yet been framed, and that the Lord Chancellor
Private study. diction Act in his court during the past five years, Hart, A. L.
has already been asked to receive a deputation
Private study. and which the learned commissioner contends be- Knighton, J..
from the society, and that “the members of this
Private study. long to him.
new society utterly condemn the Incorporated THE IRISH BENCH.—The Lord Lieutenant has Paice, C..
Law Society” for their inaction on the subject of Private study.
suppressing unqualified persons who defraud the stated to a deputation from the corporation of Rook, W. N.. Dublin, with reference to the subject of the vacant Trapnell, H. C.
Profession, will you afford me space to say, as the
Private tuition and study. judgeship in the Irish Court of Exchequer, that Walmesley, J.
honorary secretary of the society, that the rules Private tuition.
were weeks ago drafted, and are now being conthe appointment is deferred until the Govern- Wilson, W. H.C......... Private tuition. ment has decided whether the Judicature Act
sidered by a committee composed of barristers shall extend to Ireland.
SECOND LL.B. EXAMINATION.-Pass List. and solicitors; that no application has as yet
been made to the Lord Chancellor to receive a THE Times, in an article upon Irish grievances, alleges that the Irish Bengh is overmanned in Jones, D. B.
deputation, and that there is no hostility to the
University College. proportion to the work that is to be done. A very Lubbock, E.
Incorporated Law Society, the council of which I
Private study. simple sum in the rule of three will show that
hope and believe will lend us a ready hand in our whether we consider the amount of business or Ball, W.E.B.
efforts to protect the public against the depredaPrivate study.
tions of unqualified persons who poach upon the the number of the population, an Irish judge has Benjamin, H. N.
CHARLES FORD. nothing like the same amount of work to do, nor Gover, W. H.
Private tuition. work by any means so important as that which Mosely, B. L.
Private tuition. falls to the share of every English judge."
Radford, G. H.
BEALL V. SMITH.-My attention has been called EXCUTIONS FOR MURDER. —The Standard ob- Sykes, J. G. W. University College.
to an article in the Law TIMES of 27th Dec., serves : “ The continued interference of the Home
which appeared a fortnight before the judgment Secretary to prevent the carrying out of capital GENERAL EXAMINATION OF STUDENTS
was published on the 10th inst.; and as there are sentences has in times past introduced an unsatis
OF THE INNS OF COURT.
many errors in that article, perhaps you will factory element of change into trials for murder.
permit me, as the Mr. Heather referred to, to If the law is that men convicted of murder shall
HILARY TERM, 1874.
“ a Mr. be hanged, the exceptions to this rule ought to be THE Council of Legal Education have awarded to Heather.” I have been admitted nearly twentyvery few. If the laws concerning capital punish- -John Alderson Foote, Esq., of Lincoln's-inn, eight years--Mr. Merriman eight ; and I believe ment are unsatisfactory, let them be altered, but and William Ebenezer Grigsby, Esq., of the Inner I am much better known in the Profession do not let us have them occasionally suspended, Temple, studentships in jurisprudence and Roman than he is. It is not true that Beall became according to the caprice or tenderness of a Home civil law, of 100 guineas, to continue for a period a client of Merriman and Co. in Nov. 1870, Secretary.” of two years.
or ceased to employ me, as in the first six COUNTY COURTS.-The following circular has John Henry Martin Weitbrecht, Esq., of the months of 1871 he consulted me on many been issued to County Court judges: "30, Port- Middle Temple, and John William Gustavus Leo fresh businesses, and had about eighty attenland-place, W., Jan. 14, 1874.—Sir, -I am directed Daugars, Esq., of the Middle Temple, student- dances on me. He never consulted Mr. Merriman by the Lord Chancellor to request that upon a ship in jurisprudence and Roman civil law, of 100 about undertaking some complicated matters on vacancy occurring in the office of registrar of any guineas, for one year.
which I was engaged, and therefore Mr. Merriman court of which you are the judge, you will, before John Edward Courtenay Bodley, Esq., of the could not have declined them. In fact, there was filling up such vacancy, acquaint his Lordship Inner Temple; James Kinder Bradbury, Eeq., of only one complicated matter, and in respect of with the fact, in order that the circumstances of the Inner Temple; William James Howard, Esq., that I have got his estate £8000. His wife did the court and the propriety of discontinuing it may of the Middle Temple ; Avetick Arratoon Shir- not consult me about her differences, nor was Mr. be considered. When the registrar shall have core, Esq., of the Inner Temple; and Wiliam Eaton Beall advised by Merriman and Powell about died without having appointed a deputy, his Lord. Young, Esq., of the Inner Temple, certificates that them, nor did they effect any reconciliation. On ship will be obliged if you will be good enough they have satisfactorily passed a public examina- the contrary, Beall consulted me, and I brought to provisionally appoint a person to discharge the tion. By order of the Council,
about a voluntary separation, and he gave me duties of registrar (19 & 20 Vict. c. 108, ss. 12, 13). (Signed) S. H. WALPOLE, Chairman. instructions to prepare a settlement on his wife Where a registrar is desirous of resigning, I am to
and children, and handed me a great many policies request that you will ask him to be good enough
of insurance on his life to take care of for him, not to do so until you shall have communicated NOTES AND
AND QUERIES ON This was in July 1871. Being concerned for him his wish to his Lordship, and received his decision
in all matters relative to his property and business as to the propriety of continuing the court.-I
POINTS OF PRACTICE.
(although Mr. Merriman appeared thrice before have the honour to be, Sir, your obedient servant, NOTICE.-We must remind our correspondents that this fined as a lunatic, I applied to defendant Smith,
the magistrates for him), and he having been conHENRY NICOL.”
A BENCH of country magistrates sitting at Col- such as a solicitor should be consulted upon. Queries will Beall's clerk, for an account of his receipts and chester, having committed a parish sexton and be excluded which go beycod our limits,
payments from June 1871. Merriman, Albert clerk for trial on a charge of petty theft, value a N.B. - None are inserted nnless the name and address of the Turner, and
White then concocted the suit. The writers are sent, not necessarily for publication, but as a penny, which on Tuesday last, by the way, guarantee for bona fides.
bill was filed on 15th Aug. by a next friend, who brought down condign judgment upon the worthy
had been found by Merriman, had been a bankjustices in the shape of a leader in the Daily
rupt, and became shortly afterwards insolvent, Telegraph, condemning them for their severity,
being a debtor to Merriman. This next friend was the defendant's attorney, Mr. H. Goody, is re.
58. Tus BANKRUPTCY Act 1869:-- Where, at a first totally unknown to Beall or any of his family, and
general meeting of creditors duly held under the 125th ported to have offered himself as bail. This is no and 126th sections of the above Act: liquidation be with me, or Beall, or any member of his family.
the bill was filed without any communication doubt an unusual proceeding on the part of a professional man, and although perhaps it is to debtor to be granted upon the happening of a certain The Vice-Chancellor stated in writing that the be deprecated as a rule, yet it is certainly evi- contingency, is it necessary for the trustee, upon the case was a very peculiar one; but he was willing dence that lawyers are not, after all as hard. happening of this event, to memorialize the court and to make the order for the appointment of a rehearted as they are usually considered to be by under his hand
and seal, or is the resolution itself, or a
obtain from the registrar a certificate of discharge ceiver in the terms assented to by me. It can the public. We commend the facts of this case
certified copy thereof, sufficient ? If necessary to be scarcely be believed that the decree was obtained, to the Somersetshire magistrate whose proposi- by way of memorial, what form must be used, and the clerk's and receiver's accounts taken and tion that magistrates should preside over courts what (if any) is the stamp duty ? Form 123 hardly passed, and the order for further consideration of conciliation in aid of the County Courts we seems to apply in the above case.
CURIA, obtained, without the slightest communication noticed in our last issue. In the case to which
as representing the family and the we refer, “a few questions by an intelligent,
conimittee of the estate or any member of patient, and sympathising magistrate” do not
(Q. 57.) MORTGAGEE SUING MORTGAGOR'S TENANT FOR the family. Merriman, White, and A. Turner, seem even to have been asked, or, if asked, were RENT. - In addition to the cases mentioned by all knew of the lunacy and inquisition, and productive of no good apparently.
“J. McD.,” the following will, I think, be sufficient to studiously and wilfully concealed all the pro.
ceedings in the suit after the appointment of a advantage to put forward as trustee the ac- explain how, if this is the case, the laws which receiver, except one summons, which was ad. countant with whom they act. I am produce this state of things can be economically dressed to me before the decree. If any solicitor “H. J. L.” does not require me to enter more bad ? If it is true that lands held under English and accountant can concoct and carry on a suit in into detail
. As to the advantage which would law are better cultivated than lands held under reference to the property of a lunatic, after his accrue to the creditors by the appointment of a French law, why assimilate English law to French confinement, without having the sanction or the solicitor able and willing to perform the duties of law with a view to the promotion of agriculture ? knowledge of any member of his family, or the & trustee, acting for a fixed remuneration, Another point which must suggost itself to every lunatic's former solicitor, and pass the accounts, as the creditors might determine, thus saving one is that if the law of entail involves the conseshowing, after the suit was instituter, payments the remuneration of a lay trustee and the quences which he ascribes to it in a majority of ont of his estate to the defendant's own soli. taxed or untaxed costs of his solicitor in
cases, or even in any considerable number of citors for charges not in the suit (no account addition, there can be no doubt; but I am cases, it is difficult to understand why entails having, I believe, been delivered) to the ac- afraid the difficulties are groat, although they
If their common effect is countant, and receiver of about £400, and the may yet be surmounted. The remedy, if the to set fathers against children, and to eman. costs of the suit about £300, and to the defendant Profession desire it,'is in their own hands, let them cipate children at an unduly early age from their for salary about £60, months after he was dis. co-operate in an effectual manner, throw off that fathers, why do people put their lands into strict charged, and with other improper items amount to apathy where their own interests are concerned, settlement? Whatever may be the weight of the nearly £1000, out of property which produced which distinguishes them above all professions. Solicitor-General's argument, it is an argument about £3000.' it is surely but right that a court Individually there is no remedy-it must be the which ought to be addressed to the owners of proof equity should express its disapproval of such work of a society. - The Legal Practitioners' perty rather than to legislators. It shows cause conduct, and make the principal parties refund to Society” has lately been formed; I have joined it, why A. B. should not settle his land, but it hardly the estate what they have most improperly de- and believe it is destined to do good work, if the shows cause why A. B. should be forbidden by law prived it of, and pay the costs of making them Profession support it as extensively as they to settle his land. Thus the argument as to the refund. All these statements can be verified by should do; great changes will take place in the economical effect of strict settlement is met by the documents in my own office. JAMES HEATHER. Profession,-mere talking and writing will do no facts which the Solicitor-General extracts from
good. I shall be glad to communicate with the work of M. Lavergne. The argument as to
* H. J. L.,” and show him how the remedy he its social effects is met by the fact that the cue. OUR INVADERS-BANKRUPTCY ACCOUNTANTS. seeks can be attained, in the particular instance tom prevails amongst a class of people who are -I cordially conour in the remarks made on he has properly brought before us; the other certainly not remarkable for want of family affecthis important subject by your correspondent matter he refers to is now under the active con. tion. “H. J. L.” in last week's Law TIMES. Let me, sideration of the society I have referred to.- One point connected with this subject is that however, explain why it has come about that the J. Seymour SALAMAN.
settlements of personal property are now even accountants have monopolised the lucrative
more common than settlements of real property, branch of business referred to, that of the office
which shows their convenience; nor have we ever of trustee in bankruptcy and liquidation proceed.
heard them objected to. No doubt an ordinary ings, under the Act of 1869. In the first place, it
settlement of personalty gives the parents the must be observed that before that Act the bank.
power of dividing the settled funds as they please ruptcy branch of practice was in very few hands, THE SOLICITOR-GENERAL AND THE LAW them more power than an ordinary settlement of
among the children of the marriage, and so leaves and of a limited character. In London it was mostly in two or three offices, who also acted as
OF ENTAIL, &c.
realty. We do not quite understand why settle. agents for other solicitors, too important or too lazy The second topic to which the Solicitor-General ments of real estate should not follow the same to acquire the practice. Before the Act of 1869 as addressed himself was the law of entail and form if it were more convenient. It is, indeed, signees were not remunerated, and consequently generally the reform of the law relating to land. common, as every one knows, to insert in settle. there was no contest for the office, and in many cases it is to be hoped that he will be more successful, ments of personalty a clause to say that any land the difficulty was to induce a creditor to undetake to borrow a phrase of his own,
than other Soli in which the settled funds are invested shall be the nominal and gratuitous duties. Accountants citore-General in dealing with the suspicions
and treated as personalty; and perhaps a similar then sought from solicitors the work, or solicitors contradictions of the powerful body of solicitors course might be taken in the settlement of real employed accountants, to perform the duties in particular, but the knot is a terribly hard one estate. This, however, requires no legislation. It properly appertaining to their profession. In the to untie, and it is practically impossible to cut it. could be done now if such was the wish of the country districts I suppose the same practice We believe in the possibility of a reform of the owners of real property.-Pall Mall Gazette. maintained. All this was changed by the Act of laws relating to land, if any one were patriotic 1869, and far-seeing people must have known that and studious enough to devote several years of it would be so. When the Scotch system was unpaid labour to it, but we do not believe that introduced, and the office of trustee became a under the present system of things there is much
LAW SOCIETIES. paid office, for which solicitors, accountants, and real chance of it. It would be necessary for one others, as well as the creditors, became eligible, thing to recast the whole of the language which LEGAL PRACTITIONERS' SOCIETY. of course it was natural that the accountants, is at present used upon the subject, to sweep The first meeting of the committee appointed to those who had been accustomed to act in bank. away the whole learning of tenures, to repeal the ruptcg, business, and others who determined to Statute of Uses, and to put into a different form consider whether Parliamentary action was neces. make it a portion of their business, saw that a the theory of trusts. It would also be necessary
sary in order to deal with the subject of arresting great field was open to them.
the encroachments of the Profession by unquali. Indeed, this to translate the rights which are at present fied persons,met on Monday last. Mr. H. Seymour was foreseen by those who introduced the Bill into clothed in this worn-out language into simple Salaman having been called to the chair, he the House, and I recollect that the Attorney- modern English, and to apply the new phraseology reviewed at length the present statutory provi. General in his opening speech said with reference to the existing state of things. This would be an to the office of trustee, that in all probability, a enormous undertaking. It might be done if the ing attention to 23 & 25 Vict. c. 27, s. 26 ; 6 & ?
sions dealing with this important subject, directrace of bankruptcy accountants would spring up, nation understood its importance and would Vict. c. 73, s. 2; the Stamp Act of 1870, sect. 6o; who would make this an especial branch of their employ the necessary amount of labour and time, also to the case of Reg. v. Buchanan (16 L. J. business, as in Scotland. They have done so, and but hardly any one
as yet appears to have any. 227 Q. B.), referred to in the 1866 edition of Archthere is no reason why they should not. I will thing like an adequate notion of its real nature or
bold. The right to sue for penalties as at present also say that many of them ably, admirably, magnitude. and conscientiously perform their duties, per
provided for by statute was discussed and con. In the mean time, Sir William Harcourt pro
sidered. The operation of sect. 26 of 33 & 34 forming them in the manner and for the purposes, or at least suggests, modifications, the poses the Legislature intended, acting within exact nature of which he cannot, of course, state, cussion and argument, the following resolution
Vict. c. 9 was also considered. After much dis. the scope of those duties, and not trenching in the law of entail. After some little snorts at upon those of their legal advisers. Now, what philosophers, which compel us to remark that he after full consideration of the subject, that the
was adopted : " That this committee is of opinion is the reason that solicitors have been apparently has really much more in common with the philo- existing law is insufficient for the effectual proteccontent to see accountants take the position for sophers whom he despises than with the Oxford tion of the legal profession and the public against which they are themselves eligible, and when solici. tradesmen whom he flatters, he proceeded to a the encroachments of unqualified persons, and tors could perform the work in an equally satis- good round denunciation of the evils of entails. factory manner, and with a considerable saving of He says of a strict settlement:.It destroys be initiated without delay.”
recommend to the Society that further legislation expense ? There are many reasons; one reason may parental influence, it subverts filial respect, it be that respectable solicitors have a natural dis- makes the son the natural antagonist of the inclination to canvas, or to do anything which bears father, it makes the father too often the enemy of
UNION SOCIETY OF LONDON. the aspect of touting for business. In order to the son." It encourages extravagance in reverobtain the appointment of trustee in bankruptcy sioners, and above all it discourages tenants for at 1, Adam-street, Adelphi, held on Tuesday
At a meeting of the Union Society of London, or liquidation, a solicitor who puts himself life from improving their land, and it gives them evening, the 20th inst., the following subject
was forward for the office, must, previously to the an artificial motive for spending its surplus pro submitted to discussion, and negatived, That first meeting, personally see, or send some one to duce in other ways. A man who has £5000 a the Established Churches are inconsistent with see, or communicate in some way with, the cre- year in land settled on his eldest son will not put Civil Liberty, and irreconcileable with the prinditors, and propose himself for an office of profit. his surplus income into buildings, drains, and the If being a perfectly capable man in all respects, like, which would go to enrich his heir-at-law, but ciples already recognised by Parliament.” and knowing that by his appointment a double will save it up for his personal representatives or set of costs, and double remuneration would be legatees. Prevent strict settlements, and the ARTICLED CLERKS' SOCIETY. saved to the creditors, having got over this motives for improving land will be greatly | A MEETING of this society was held at Clement's natural disinclination to canvas, he would find in strengthened. Sir William does not, as we under- Inn Hall, on Wednesday 21st inst., Mr. E. F. all probability he would fail to convince the stand him, propose to prevent a man from leaving Stanway, solicitor, in the chair. Mr. E. J. Davis the votes of the creditors were obtained in his would restrict him to living' persons, and would opened the subject for the evening's debate, viz favour, does any one acquainted with these not permit him to give an estate tail to unborn assists and induces fraud.” The motion was lost himself at a meeting, would stand a chance and has a good deal of force, but it ought to be by a majority of one. against an accountant who had adopted the coupled with other matters, to some of which Sir usual course, or against a member of his own William refers, not, as it appears to us, very con
NORWICH LAW STUDENTS' SOCIETY. Profession, in both cases his adversary, being sistently, though he is silent as to others. He At a' meeting of this society, held at the Law stimulated to fresh exertion by the knowledge has learned, he says, from
a second reading of Library, on Tuesday evening, the 20th inst., Mr. that a solicitor was seeking the appointment. Wo M. Lavergne, that the agricultural condition of G. W."G. Barnard in the chair. Mr. $. Cozens all know the connections and alliances between England is much better than that of France, that Hardy opened the subject for the evening's debate, certain bankruptcy accountants and certain soli- English labourers are better off than French viz. :*" Ought Copyhold Tenure to be abolished? citors, who as a rule always act with each other peasants, that the equal distribution of land is The question was decided in the negative by & when they can. These solicitors find it to their 'economically unwise. Be it so; but why not considerable majority,
Sur. Jan. 19
Pet. Jan. 12.
Sur. Jan. 23
Pet. Jan. 13.
Sur. Jan. 28
Pet. Jan. 19.
Pet. Jan. 16. Reg. Blaker. Sur. Feb. 4
Pearce. Sur. Feb. 4
Howard. Sur. Feb. 2
Pet. Jan. 14.
bush. Pet. Jan. 13. Reg. Murray. Sols. Flux and Co., Leaden. hampstead, Herts. The late Mr. Armstrong was hall-st. Sur, Jan. 27 Nore.- This department of the Law Times, is contributed buried at the cemetery, Highgate.
LANGAX, Jonx, builder, Cambridge-ter, Junction-rd, Kentish.
town. Pet. Jan. 13. Reg. Hazlitt. Sol. Stapler, Colernan-st. by EDWARD WALFORD, M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and
LONSDALE, RICHARD, grocer, Butcher's-row, Ratcliff, Upper Historical Society of Great Britain; and, as it is desired
THE HON. J. W. JOHNSTONE.
North-st, Poplar, St. Leonard's-rd, Bromley, Cable-st, 'st. to make it as perfect a record as possible, the families and
George's-in-the-east. Pet. Jan. 15. Reg. Spring-Rice. Sols. friends of deceased members of the Profession will oblige The late Hon. James W. Johnstone, Judge in
Carter and Bell, Lendenhall-st. Sur. Jan. 23 by forwarding to the LAW TIMES Office any dates and Equity of the Supreme Court of Nova Scotia,
To surrender in the Country. materials required for a biographical notice.
who death at Cheltenham, at the age of eighty- | ARCHER, CHARLES ROPER, suddler, Bloxwich.
BROWX, SAUL, jeweller, Sunderland. Pet. Jan. 12. Reg. Ellis, The late Henry Glassford Bell, Esq., advocate, father was a Scotchman of the Annandale line, FLORENSTEIN, 184ac, furniture dealer, Birmingham. Pet. Jan.
Kingston, Jamaica, in the year 1792, his grand. and sheriff of Lanarkshire, who died on the 7th who married a Miss Peyton,
a lady of French JACOBS, MAURICE, boot manufacturer, Birmingham. Pet. Jan. inst., at his residence in Glasgow, at the age of sixty-eight, was the son of the fate Mr. Bell, some Huguenot descent, he had been Governor of the 14. Reg. Chauntler. Sur. Feb. 2
LANGLEY, EDMUND, grocer, Cunton, near Cardiff. Pet. Jan. 12.
Reg. LangleySur. Jan. 30 time town clerk of Greenock. He was boru in Province of Georgia while the United States were the year 1805 and being destined from the first for still a colony of Great Britain. On the breaking MOORE THONtas, and THRAVES
MATTHEW, drapers, his father's profession, he was, after acquiring the the British army to aid in the suppression of the out of the revolutionary war, his sons all entered PHILLIPS, BENJANIN, draper, Bridgend.
Langley. Sur. Jan. 28 rudiments of education at the Glasgow High
PORTER, GEORGE, sculptor, Bath. Pet. Jan. 12. Reg. Smith, School, transferred to the University of Edin rebellion, one of them raised and commanded a burgh, where he passed through the regular curri. troop of horse known as Johnstone's Horse, at its STAPLEY; HENRY, watchmaker, Northampton-sq. Pet. Jan. is.
Reg. Hazlitt. Sols. Reed and Lovell, Guildhall-chibs. Sur. culam. He was admitted a member of the Faculty head he was killed in a successful skirmish against of Advocates of Scotland in 1832, and in 1839 he rebels. On the declaration of the independence TATE, SUSANNAH, milliner, Halifax. Pet. Jan. 13. Reg. Rankin. was appointed one of the sheriff's substitute of of the States of America, Governor Johnstone TAYLOR, JAMES, tailor, Blackpool. Pet. Jan. 13. Reg. Hulton.
Sur. Feb. 4 Glasgow. Having once fairly settled down to with his family left the Southern States and re
Gazette, Jan. 20. legal business, says the Scotsman, Mr. Bell soon
turned to Scotland, having in common with To surrender at the Bankrupts' Court, Basinghall-street.
The TAYLOR, SAMUEL, parquet cloth manufacturer, High-st, Fulham. approved himself a singularly able and efficient all the loyalists lost his whole fortune.
Pet. Jan. 16. Reg. Murray. Sur, Feb. 3 judge. That his merits in this capacity were daly had been a captain in the New York Volun-ArcherCHARLES ROPER, suddler, Bloxwich. father of the subject of this memoir, who
To surrender in the Country. indicated by an incident which occurred in 1852. teers during the war, at its close, studied | CLEMENT, JAMES, WHITE, sen., and CLEMENT, JAMES WHITB,
jun., attorneys-at-law, Alton. Pet. Jan. 17. Reg. White. Sur. At that time a rumour got afloat to the effect that medicine at the Edinburgh University, where he
Dowx, WILLIAM, dealer in agricultural implements, Hailsham. Sir A. Alison was about to be promoted to the obtained his degree. He afterwards removed to Bench, and straightway a memorial was addressed Jamaica, having previously married the only
LEY, JAMES, corn merchant, Stonehouse. Pet. Jan. 16. Reg. to the Lord Advocate, craving that in such case daughter of Captain Leichenstein, of Austrian ex. Mr. Bell should be appointed his successor.
traction. His children were all sent to Scotland SAVAGE, JOSEPH, ort of employ, Portsca. Pet. Jan. 17. Reg. Another flattering compliment was paid him some for their education, the subject of the present
BANKRUPTCIES ANNULLED. years later, when strong inducements were held Mr. Duncan of Ruthwell, the originator of savings BOUTCHER, FREDERICK, farmer, Preston-upon-Wye. Aug. 30, sketch being placed with a private tutor, the late
Gazette, Jan, 13. out to him to remove to Edinburgh and practise as a consulting counsel in regard to questions of banks in Scotland. His connection with Nova
Gazette, Jan. 16. mercantile law. On the death of Sir Archibald Scotia, where most of his life was passed, arose Alison in 1867, Mr. Bell was appointed to succeed
GARRET, CHARLES, contractor, Banstead. June 13, 1873 from the fortuitous circumstance of a temporary
THOMPSON, WILLIAM, joiner, Stranton. Jan. 16, 1801 him in the office of sheriff principal. The friend
visit made to Halifax with his mother, whese and frequent companion of Professor Wilson, who health required change to a northern climate. He
Liquidations by Arrangement. speaks of him with respect and affection in the then studied for the Bar, and was admitted in or
about the year 1813. Mr. Johnstone quickly rose Noctes,” where he appears under the name of
FIRST MEETINGS. "Tallboys,” Mr. Bell acquired in early life a
to the head of his profession, and at about the
Gazette, Jan. 16.
He was elected a member for the county of Anna- Jan. 2, at three, it offices of Smart, Snell, and Co., accountants, editor of the Edinburgh Literary Journal, a weekly polis, U. S., Canada, one of the largest constituen.
83 and S, Cheapside, London. Sol. Nordon, Liverpool
ALLAX, WILLIAM, draper, Chrisp-st, Poplar. Pet. Jan. 12. Feb. periodical devoted to criticism and the belles cies of the province, which he represented without 3, at two, at ottices of Forernan and Cooper,7, Grosham-st. Sols.
Phelps and Sidgwick, Gresham-st lettres. With James Hogg, too, he was on terms of a break, having run nine or ten successful elec
AMBREY, THOMAS, grocer, Mountain Ash. Pet. Jan. 13. Feb. 2. intimate friendship, and in 1860 Mr. Bell took part
tions, till his elevation to the Bench. During his at twelve, at office of Sol. Dixon, Newport in inaugurating a monument to the memory of the
whole political career he was the leader of the ANDERSON, DAVID BAIRD, bootmaker, Southampton. Pet. Jan. gifted shepherd. Besides editing and largely con. Conservative party, and Attorney-General and ANDREWS, WILLIAM, engineer, Melksham. Pet. Jan. 13.
Jan. leader of the Government whenever that party ATSLET, Johs, ironfounder, Mansfield. Jan. 2), at twelve, at tributing to the Edinburgh Literary Journal, Mr. Bell published in 1831 a volume of poems, entitled
was in power. He was created honourable by "Summer and Winter Hours,” and later in life he the British Government. In 1857 he, together ARMSTRONG, GEORGE, and RUEAD, THOMAS, tailors, Pendleton.
Pet. Jan, 11. Feb. 2, at twelve, at ottice of Sol. Hankinson, Man. with Mr. Adams Archibald, was sent on a delega. published a volume of occasional productions, under the title of “Romances and Ballads." His tion to England on behalf of the province of Nova 'ARXOTT, JOHX, cabinet maker, Beverley: Pet. Jan. 12. Jon. 23.
at eleven, at offices of Sols. Soepherd, Crust, Todd, and Mills, literary fame will rest, however, on his well-known
Scotia to adjust the respective claims of the Beverley poem, "Mary, Queen of Scots," written in his Mining Association and the Province in regard to ASHTON, CHARLES, hatter, Royal-hill, Greenwich. Pet. Jan. 14.
Jan. 30, at three, at office of Sol. Montagu, Bucklersbury
ATTWOOD, CHARLRS, bootmaker, Brighton. Pet. Jan. 13. early days. Mr. Bell was twice married,
first to a opening the mines and minerals and to free them daughter of Captain Stuart, of Sheerglass, Glenfrom the royalty of the Duke of York. He was
?, at eleven, at ottice of Sol. Shait, Brighton
AYLxS, GEORGE, yeoman, Horsington. Pet. Jan. 12. Jan. 27, at one of the earliest advocates of the confederation
three, at the Greyhound hotel, Wincanton. Sol. Davies, Sher. garry, by whom he had one son and four daughters, one of whom is the wife of Professor Nichol, ot of the Canadian provinces, which he warmly sap.
BALDWIN, JOnx, oil refiner, Railway-arch, Blue Anchor-rd
Bermondsey. Pet. Jan. 7. Jan. 23, at three, at the Albany Glasgow University. He married secondly in 1872 ported throughout his whole career. In 1863 he to Marian, daughter of Mr. Sandeman, of Glasgow, was appointed judge in equity of the Supreme Arms, Albany-rd, Old Kent-rd. Sol. Parsons, Fish-st-hill, Lon.
don-bridge who survives him. The remains of the deceased Court, an office which he was the first to fill. In
BARLOW, WILLIAM, fruiterer, Spennymoor. Pet. Jan. 12. Jan. gentleman, which were honoured with a public to seek a more southern climate. In the following 1872, his health being very delicate, he left Canada 28, at eleven, at office of Sol. Brignal, Durham
BAUMANN, CHARLES HENRY, watchmaker, Nottingham.
Jan. 13. Jan. 30, at twelve, at the Assembly-rooms, Low-pavefuneral, were interred in Glasgow Cathedral. year he was offered the governorship of the pro
ment, Nottingham. Sols. Everall and Turner vince of Nova Scotia, which he at first accepted, Beet.Balon DAX. B. generul merchant, Culmoro-rd, Peckham. G. C. OKE, ESQ. and the appointment was hailed with acclamation
BEECH, EDWARD, butcher, Apeton. Pet. Jan. 13. Jan. 30, at
twelve, at the Royal Oak inn, Gnosall. Sol. Baddeley, New (ADDENDUM.)
through the length and breadth of the country. The late George Colwell Oke, Esq., Chief Clerk at The newspapers of the Conservative and Liberal Bevitt, Johx, boat builder, Lincoln.
Jan. 31, at
eleven, at offices of Sols. Toynbee and Larken, Lincoln the Mansion House, of whom we gave a short parties vied with each other in welcoming it, and
BILLER, GEORGE, solicitor, the Terrace, Tavistook-rd, West
bourne-pk. in bearing testimony to the high talent, the chival. biographical notice in our last impression, was
Pet. Jan. 12. Feb. 10, nt twelve, at the Masons
Hall tavern, Minson's-avenue, Basinghall-st. Sols. Whites, the second son of the late William Oke, Esq., of rous honour, and the unsworving rectitude of
Renard, and Co., Budge-row, Cannon-st Trnro, in the county of Cornwall. He was born Judge Johnstone. His failing health, however, BOSWELL, THOMAS, furniture dealer, Southport. at St. Columb, in that county, on the 8th Feb. obliged him most reluctantly to renounce all idea BROWN, Joseph, and BROWN, SAMUEL, Wutider:), Matlock. Pet. 1821, and was educated at Truro. Mr. Oke was of returning to the home of his adoption, where Jan. 14. Jan. 31, at half past eleven, at office of Sol. Cowdell,
Matlock married, and has left a family to lament his loss. he had left so many warm friends, and he was BRYAN, WILLIAM, grocer, Stourbridge, and Belbroughton. Pet.
Jan. 12. Jan. 29, at three, at office of Sol. Collis, Stourbridge His present widow, to whom he was married very compelled to decline the appointment.
BtRFOOT, GEORGE, farmer, Tunbridge. Pet. Jan. 9. Jan. 30, at recently, is the step-daughter of G. M. Harvey,
eleven, it office of Sol. Stenning, Tunbridge
BUSSELL, HEXRY BURT, out of business, Torquay. Esq., of The Pines, Streatham-hill, Surrey. The remains of the deceased gentleman were interred PROMOTIONS AND APPOINT- CARPEŠTERN WILLIAM, compenter, at man munket. Jan. 12 at Nunhead Cemetery, on the 15th inst.
Jan. 27, at half past twelve, at the Townhall, Melksham. N.B.-Announcements of promotions being in the nature
CARR, WILLIAM HEXRy, bootmaker, South Shields. Pet. Jan.
13. Feb. 3, at twelve, at office of Sol. Purvis, South Shields B. J. ARMSTRONG, ESQ. of advertisements, are charged 28. 6d. each, for which
CHANDLER, JAMES, engineer, Cottage-grove, Mile-end-rd. Pet.
postage stamps should be inclosed. The late Benjamin John Armstrong, Esq., many
Jan. 14. Feb. 4, at twelve, at office of Sol. Moss, Gracechurchgears an active magistrate for the county of Mid. MR. WILLIAM GILBERTSON, solicitor, of Preston, Cook: Merex Erotics, sroser: Rastbournein. Pet. Jahli se plan dlesex, whose death was recently announced, at has been unanimously appointed Coroner for the London
Pet. Jan. 7. the age of seventy-six, was a son of the late Hundreds of Amounderness and Leyland, in the Cooke, HENRY Doro Lass, painter, Speldhurst. Benjamin Armstrong, Esq., of the parish of St. county of Lancaster, in succession to the late COOMBS, GEORGE, publicun, Corscombe. Pet. Jan. 13. Jan.
30. Andrew's, Holborn, and was born in the year Mr. Miles Myres. Mr. Gilbertson was admitted in
at a quarter past twelve, at the Mermaid hotel, Yeovil. Sol.
Budge, Crewkerne 1796 or 1797. The deceased gentleman, who was 1849.
COUPLAND, HENRY CURRIE, commission agent, Albert-bldgs, one of the oldest magistrates for Middlesex and
Queen Victoria-st, London, also seed crusher, Greenock.
Jan. 13. Jan. 29, at two, at office of Sol. Holmen, Clernent's-la, Westminster, took an active part in the administration of justice at the Clerkenwell Sessions,
DAGLISH, FRANCIS RICHARD, ROBERTS, EDWARD, drapers,
Pet. Jan. 12, Jan. 29, at twelve, at the Home Where he for many years proposed or seconded
Trade Association Rooms, York-st, Manchester. Sols. Sale, the re-election of Mr. H. Pownall, as chairman of Professional Partnerships Dissolbed. Shipman, Seddon, and Sale, Manchester the Middlesex Bench. He also was constant in
DAVIS, HENRY, woollen warehouseman, Wood-st-aq, MonkwelGazette, Jan. 9.
Bt. Pet. Jan. 13. Jan. 29, at two, at the Chainber of Commerce, his attendance as a visiting justice at the Feltham SPOURS and CARR, attorneys, solicitors, and conveyancers, Ain. 145, Cheapside. Sol. Walker, Abchurch-la Reformatory School, and other like public insti. wick. Dec. 31. (W. Spours and William John Carr.) Debts by
DEWELL, WILLIAM, builder, Rye-la, Peckham.
Jan. 2, at one, at the Guildhall Tavern, Gresham-at. Sols. tutions. Mr. Armstrong married in 1818, Ann,
Townley and Gard, Gresham-bldys, Basinghall-st daughter of John Bailey, Esq., of Kew, Surrey,
EDGERLEY, THOMAS, farmer, Cardon, near Handley. Pet. Jan. Bankrupts.
8. Jan. 24, at twelve, nt office of Sol. Nordon, Chester by whom, who died in 1869, he has left a family.
EGERTON, JOHN, livery-stablo keeper, Brighton.
Gazette, Jan. 16. His only son is the Rev. Benjamin J. Armstrong,
Jan. 29, at twelve, at the Old Ship hotel, Brighton, Sol. Moto, To surrender at the Bankrupts' Court, Basinghall-street.
Walbrook vicar of East Dereham, Norfolk, who was born in COHEN,
office of Sol. Manstied
Pet. Jan. 12.
Pet. Jan. 14.
Pet. Jan. 14.
Pet. Jan. 10.
Pet. Jan. 12.
LEWIS, engineer, Charterhouse-st. Pet. Jan. 14. Reg. EvAXs, ExOCH HUGH, agent for the sale of artificial food, Lam. Spring-Rice. Sol. Leviton, Bishopsgato-street-within.
peter. Pet. Jan. 14. Jan. 31, at two, at office of Sol. Grimitha 1819, and is married to the eldest daughter of Jan. 29