.

HOLLAND'S TRUSTEES v. STORK BROTHERS AND Counsel, and a great assemblage of barristers and RITUALISM.—The Chancellor of the Diocese of TAYLOR. ladies.

York, in the case of Roughton v. Parnell, has Seizure by erecution creditor-Power of court over Sir Samuel came into court supported by the commenced legal proceedings against the vicar sheriff-Fraudulent conveyance.

Lord Chief Justice of England, the Lord Chief of St. Margaret's, Prince's-road, Liverpool. This was the second application, and was for an Baron, Baron Pigott, Mr. Justice Mellor, Mr. TAXATION OF Costs.-A “Firm of Solicitors” order directing the sheriff to pay over to the Justice Lush, and Baron Cleasby.

complain to the Times that they are to wait for trustees of Holland & sum of £132, which he When the Attorney-General rose the whole nearly two months to tax a bill of costs in Chanhad received under an execution issued at the assembage did the like, and remained standing cery. They suggest that to abate this detriment instance of Storks, of Birmingham.

during the delivery of his speech and Sir Samuel's more taxing masters should be appointed. Hextall said the facts were very simple and reply.

THE SWINEY PRIZE.-The Society of Arts have undisputed, but great importance attached to the The Attorney-General said :-My Lords,-I have awarded this prize, a silver goblet, valued at £100, dates. A writ was issued by Storks on the 21st to ask your permission to address a few words to and containing gold coins to the same amount, tó of last October, to recover £205 168. 1d. Judg. Mr. Baron Martin. Baron Martin, my brethren Sir Robert J. Phillimore, D.C.R., Judge of the ment was signed by default on Nov. 13; a fi. fa. of the Bar have gathered here to-day; they have High Court of Admiralty, for his work, entitled, was issued, and the sheriff's bailiff levied on the come, not because a Baron of this court is about “ Commentaries on International Law.' 14th. On the 18th the debtor paid tho bailiff to quit it--not because the senior member of the CHURCH LAW.-In the case of Blake v. The £100, and on the 21st a further sum of £32. On Judicial Bench is about to leave it—they are here Churchwardens of Wetherall, which raises the the 24th he filed a petition for the liquidation of to bear testimony to e public life of great value question of the legality of “Christmas decorahis affairs; Mr. Harrison, the accountant, was and virtue, and to show their estimation of much tions” in churches, the Chancellor has ordered appointed receiver, and the bailiff went out of personal worth. A quarter of a century has the libel to be filed forthwith in the Consistory possession. The meeting of creditors was held at passed and gone since you first sat upon the Court of Carlisle. Mr. Leech's office on the 20th Dec., when Mr. Bench. Those who were your associates at the THE NEW JUDGE.-In the Court of Exchequer Samuel Evans, of Derby, and Mr. Winn, of Bir. Bar have for the most part passed away. Some on Tuesday, Baron Amphlett, the new judge, mingham, were appointed the trustees, and Mr. there are who still remain. They are here to day took his seat. He was accompanied by the Lord Harrison the accountant to the estate. On the mingling with the junior of this Term's creation, Chief Baron and Barons Pigott and Cleasby. There 23rd Dec. an interpleader summons was issued, at

and from one and all, from all within that range, was no form or ceremony observed on the occathe instance of the sheriff, in the Court of Ex. comes the concurrent testimony I now place sion. The court sat in banco. chequer; but the hearing had been adjourned before you. My Lord, they have recognised in you THE STAMPACT.-A “Conveyancer" in the until the 21st of this month, so that meantime his

a Judge who has so read and administered the law Times complains that the stamp laws generally Honour might have an opportunity of hearing and that justice has ever been done. They have seen require to be simplified and amended, and “that deciding upon the case. Hextall quoted authorities you guided by a single-minded parpose, which a decided case on the stamp laws means usually to prove that the provisions of the Court of Bank. caused you, careless alike of who was suitor or a case in which an honest transaction is invali. ruptcy enable it to do complete justice in all cases

who was advocate, ever to be led to a right deter. dated, or at least impugned, on the ground of arising before it, and contended that when intermination. Whether we have guided or reflected non-compliance with a fiscal regulation." pleader proceedings are necessary they should be public opinion, our profession and the pub- DEBTOR AND CREDITOR.—The Judge of the taken in the courts within whose jurisdiction they lic have united with us in & sure and cer. Westminster County Court has declined to arise. Upon the question whether the £132 | tain confidence that no object or

end was commit the Earl of Winchilsea, although an unbelonged to the execution creditor or to the yours but to administer true and substantial satisfied judgment affects his lordship personally. trustees, he referred to the case of Woodhouse v. justice. My Lord, it would be false flattery to It was contended for the judgment creditor that Murray (16 L. T. Rep. N.S.); of Pearson v. say that you were a judge without faults ; but the Bankruptcy Act has abolished the privilege Mortimer (28 L. T. Rep. N. S.), and to the more when we saw them we ever traced them to the of_peerage, and the Debtors Act that of debtors. recent case of Brooker v. Hassall (29 L. T. Rep.

cause that you were too prone to lead mercy to It is announced in the Gazette that the Queen N. S.). He also contended that it was an Act of that seat on which justice alone should be seen, has been pleased to appoint Mr. Julian Pauncefote Bankruptcy which came within sect. 6, sub-sect. and thus knowing as we did the goodness of your to be Chief Justice of the Supreme Court of the 2; and further, that the whole circumstances were

heart, believe me, my Lord, that with us, if ever Leeward Islands ; Mr. John Rawlins Semper to be equivalent in point of law as if a seizure and sale error there has been in our bearing towards you, first Puisne Judge ; and Mr. Sholto Thomas Pemhad actually taken place, which under the 87th it was because in the appreciation of the man we berton to be second Puisne Judgo of the Supreme section of the Act-the petition having been filed almost forgot our consideration for the judge. Court of the Leeward Islands. within fourteen days-would cause the property Years, my Lord, have brought the time of retire- MAKING A JUDGE.-The short and simple cereto revert to the debtor's trustees. He also held ment to you. We are told that time has come monial usually gone through when a member of that it was a fraudulent conveyance and pre- upon you with regret, and that with memory and the bar is called up to join his brethren on the ference, under 92nd section.

mind still unimpaired you would seek to linger in bench, was viewed with some interest on Satur. Briggs, who appeared for the sheriff, said it did public life. Believe me, my Lord, that we fully day, when the new judge-elect took his seat as not matter to him who received the money, but he share that regret with you. The choice has been Junior Baron of the Exchequer. If the Judicature was in this fix-both parties claimed it, and if it your own, and we can do no more than follow you Act comes into operation in November, this may was paid to the trustees the execution creditor into that retirement with earnest hopes and be the last instance of a judge being first received had threatened to sue for the amount. The sheriff wishes. My Lord, these are our words of fare amongst the brotherhood of the coif. The old rank was therefore bound, in order to protect himself, well to you. We earnestly trust that in that re- “antient and honourable in degree, with form, to issue the interpleader summons, and he (Briggs) tirement you will be sustained by being ablo to splendour, and profits attending it,” as Blackvery much doubted whether this court had the reflect upon a long life of public service and of stone describes it, will no longer be amongst the power to restrain him.

private good, and may you also have secured to formal qualifications for the Bench. The Lord His Honour said it was ridiculous to suppose

you that happiness which good men earn, and Chancellor could not retain it amongst those the court could restrain the execution creditor and now, my Lord, farewell.

which we pray, my Lord, may be given to you, concessions to prejudice," by which he perand not be able to restrain the sheriff, who was

mitted certain of the members of her Majesty's merely his agent. He should not trouble Mr.

Baron MARTIN said in reply, with a voice tremu. High Court of Justice to preserve the old disHextall to reply, but he should hold beyond ques.

lous with emotion, Mr. Attorney-General, I tincticas of Queen's Bench, Common Pleas, and tion that the court was armed with plenary most deeply grateful for the very great honour law had many points to recommend it. It dis

should be more or less than a man if I did not feel Exchequer. And yet the degree of serjeant-atpowers, and could restrain not only the sheriff, but the Court of Exchequer, from proceeding you have done me. I have been for upwards of tinctly partook of that mediwvalism which throws further.

forty years publicly engaged in the practice and a sombre colour over the early proceedings in the Briggs then asked the court to restrain the administration of the law, and open to the obser. King's Chancery. In the famous statute of execution creditor from proceeding against the

vation of all. The remembrance that the Bar of 3 Edw.1, c. 29, we meet probably the first official sheriff, who had received intimation that an

England should have done me the honour upon mention of the serjeants, although in the life of action would be brought against him.

my retirement,& retirement which has been John II., Abbot of St. Alban's, written by MatHextall objected that this was not before the forced upon me by a visitation of Providence-- thew Paris, in 1255, they are 'spoken of as an court. It was quite possible that an action might which you have just done me, will remain to the order of men well known in the country. The lie against the sheriff for neglecting to sell within last hour of my lifo a source of pride and gratiti.

same writer in a history of England, published a a reasonable period, and then the court neither

cation to me, and should be a source of pride and few years later, gives us the explanation of the could nor would protect him; but for anything gratification to my descendants to the most

use and origin of the coif. A celebrated serjeant. done in obedience to the order of the court he remote posterity, for it is an honour which tho at-law, by name William de Busoy, had acquired would no doubt be amply protected.

wealth of the world could not purchase. (His such a notoriety for extortion and malpractices After a long discussion,

Lordship here was perfectly overcome by emotion) that he was brought up to account for them. Ho His Honour said that the greater do not always And I have only to wish you all success and hap- thereupon claimed his benefit of clergy, to like to be restrained by the losser; and although piness, and bid you farewell.

which body it had not been known that he

His learned brothers on the bench took a kind belonged. In order to substantiate his claim, he it was competent for him to restrain Baron Bram; and affectionate farewell of him, and Sir Samuel directed that the threads of his coif should be well from proceeding further, he thought, with all the facts before him, that as the proceedings had before his name will cease to be spoken and re

Martin retired, but many years must pass away opened, so that his judges might see whether he been commenced in the Court of Exchequer, and membered in Westminster Hall.

possessed the clerical tonsure. Spelman, on the

authority of this passage, lays down that coifs the execution creditor had intimated that he

were introduced to hide the tonsure of such rene. should not be satisfied with the judgment of this

POLICE MAGISTRATES.- Mr. Maude, who has gade clerks as were still tempted to remain in the court, the least expensive and most satisfactory been a magistrate at the Woolwich and Green secular courts in the quality of advocates, noto course for him to adopt would be to leave the case to be decided by Baron Bramwell.

wich police court for twelve years past, has sent withstanding their prohibition by canon. Even in his resignation of the office.

in our days much of the pomp and state connected MR. AUBIN, senior judge of the Royal Court in with the creation of serjeants has passed away,

Jersey, died on Wednesday morning, at the age and has declined into the observance of a few LEGAL NEWS.

of 78. The death of Judge Raines, of the Malton forms that might well have remained. The Bar

County Court, is also announced, having occurred will remember the circumstances of the present COURT OF EXCHEQUER. with some degree of suddenness at Hull.

Lord Chief Justice of England's creation, and Monday, Jan. 26.

THE SPRING CIRCUITS OF THE JUDGES.—The contrast them with the extremne simplicity of the

Norfolk circuit (Mr. Justice Blackburn and Mr. ceremony in conforming to which Lord Coleridge THE RETIREMENT OF BARON MARTIN.

Justice Brett) was fixed on Thursday morning as dined in the hall of his old inn, and left for the The court was occupied with cases in the special follows, viz. Oakham, Monday, March 2; Lin last time as a bencher, while the bell tolled paper, and in the afternoon the Attorney General coln, Tuesday, March 3; Northampton, Saturday, mournfully for his exclusion. But even that came into court, as the head of the English Bar, Maroh 7; Aylesbury, Thursday, March 12 : Bed. much formality will become a mere matter of to say a few words of farewell to Sir Samuel ford, Monday, March 16; Huntingdon, Thursday, tradition, and the future editor of the “Pickwick Martin on his retirement from his judicial posi- March 19; Cambridge, Saturday, March 21 ; Nor Papers” will have to explain by a foot note how it tion. The court was densely crowded, there being wich, Thursday, March 26; and Ipswich, Wed. is that Mr. Justice Stareleigh addressed the present many of the more eminent of the Queen's 'nesday, April 1.

plaintiff's counsel as Brother Buzfuz.-Globe.

era

as

more

MIDDLESEX MAGISTRATES. — Messrs. Philip English language, had caused attorneys to recede

LAW SOCIETIES.
Hardwick and H. D. Phillips were sworn in as in knowledge; and in 1825 the late Mr. Robert
Justices of the Peace on the 20th inst.

Maugham lamented " that students and junior THE ASSOCIATED LAW CLERKS OF THE EUROPEAN ASSURANCE ARBITRATION.- legal practitioners had neither opportunity nor

IRELAND. Lord Romilly has appointed Monday, the 2nd Feb., incitement to extend their knowledge and to cul. REPORT OF THE EXECUTIVE COMMITTEE. for the commencement of a sit ting in this arbi- tivate their talents.”. A few years later, the In rendering an acconnt of their stewardship tration.

Incorporated Law Society's periodical exami. for the past year, your committee consider that a The honour of knighthood has been conferred nation of articled clerks inaugurated a pow correct estimate of their actions cannot be arrived on Mr. Julian Pauncefote, Chief Justice of the

to solicitors and attorneys. More at withont taking a retrospective view of the Leeward Islands, and late Attorney-General of recently, this ordeal has been made

social position of the law clerk prior to the formal Hong Kong.

comprehensive and stricter than it was, con. inauguration of this association two years ago. The Telegraph states that Sir Samuel Martin sequently it is now more salutary and useful. At that time the law clerks had no organisation will be raised to the dignity of a Privy Coun. Since the year 1785, to increase the respectability to carry out any of the views they entertained ; cillor,

of attorneys and solicitors, and the public revenue no means of placing their wants and the nume. Sir JAMES COLVILE, the Senior Judge of the during the war, annual stamped certificates have rous questions affecting them before the public; Judicial Committee, is suffering from an attack of been required to enable them to practise legally. no way of obtaining, by the irresistible force of measles.

By rule of court 8 Geo. 3 their places of residence public opinion, that recognition which their MR. HAWKINS'S SPEECH.-The conclusion of were ordered to be published. The ancient prac. position and services deserved; no way of making Mr. Hawkins' great speech was, we read, tice relative to their membership of some inn of a demand for any concession or any advantage greeted with “å burst of applause,” which court, has been obsolete for many years. The with the smallest effect. This state of things was immediately suppressed, the Lord Chief Jus-original certificate duty (see 25 Geo. 3, c. 80, and is gradually being removed by the action of your tice remarking that there was nothing so offen. 37 Geo. 3, c. 90) was £5 for a London attorney, association. The law clerks have now an associa. sive to the administration of justice as such do. and £3 for a provincial attorney. By 55 Geo. 3, tion which is daily increasing in strength and monstrations in a court of law.” This is, of c. 184, these sums were increased to £12 and £$ influence. Your committee, however, have to course, true, and however brilliant an advo. respectively, as to practitioners of three years' repeat the regret mentioned in the report issued cate's speech, it ought always to be received in standing, until which period £6 and £4 were paid by their predecessors, of the apathy still mani. silence. But possibly part of the applause may respectively. A similar law prevailed with refer. fested by many of their order. Instead of sup. not have been one-sided in its nature, but may ence to Irish and Scotch attorneys. In 1854 the porting a society like yours, they are scattered have sprung from a feeling of joy that the last stamp on the indenture of clerkship, fixed by this about amongst the various bodies in the city. speech in this long case had at length been made. statute at £120, was reduced to £80, as to English, They are Foresters, Odd Fellows, Members of In saying this we do not in the least desire to Welsh and Irish attorneys, and to £60 as to those Debating, literary, and musical associationsdiminish the glory with which Mr. Hawkins has in Scotland. The annual certificate was reduced members of every kind of society but one having covered himself. Whatever may be a man's feel. to £9, £4 10s., £6, and £3 respectively (see 16 & 17 for its object the advancement of their own ings in regard to the issue before the jury, he Vict. c. 63). The £25 stamp on their admission, order. There is no reason why all the advan. must admit Mr. Hawkins' speech to be one of the imposed by 55 Geo. 3, c. 184, in the year 1815, was tages to be obtained from such societies should greatest forensic efforts upon record. Everybody retained, and by 23 & 24 Vict. c. 127, s. 19, the not be available within or in connection with your who had ever listened to Mr. Hawkins knew that place of business has been substituted for association. his speech would be lucid and humorous, where- that of residence of the attorney. The duties Your committee are glad to state that during ever humour could be made to tell; but we think are now charged by the 33 & 34 Vict. c. 97. the year the association has been joined by a few can have expected that there would have been Mr. Tilsley, in his work upon the Stamp Duties, number of the leading law clerks in the city; so much genuine eloquence. In his previous refers to 5 Will. & M. c. 21 ; 9 Will. 3, c. 25; 12 and from the feeling that is now pervading the speeches Mr. Hawkins has made little attempt Anne, stat. 2, c. 9 ; 2 Geo. 2, c. 46 ; 23 Geo. 2, c. 26; minds of many who have not formally joined it, to work upon the feelings. He has always been 23 Geo. 3, c. 58; 44 Geo. 3, c. 98; 16 & 17 Vict. c. your committee are confident that before the witty, but very seldom solemn or impassioned. 63—all repealed by 6 & 7 Vict. c. 73—and 33 & 34 close of another year no law clerk of any stand. He has now shown that in this department of Vict. c. 99, as statutes affecting attorneys and ing will be found outside its ranks. The spread oratory he is almost as distinguished as in that solicitors; containing also regulations as to their of the movement throughout the provinces is which has been considered pre-eminently his own, admission. By 34 Geo. 3, c. 14, the duty on the naturally slow, owing to the distances which and his speech which ended yesterday will be articles of clerkship was fixed at £100, this inden separate law clerks from each other ; but, never. admired, in addition to its other merits, for the ture having been required by 2 Geo. 2, c. 23, and theless, some of the most regular of the paying many passages of simple, manly, impressive elo 30 Geo. 2, c. 19. The annual certificate duty members to the association belong to the pro. quence, disfigured by no false clap-trap or barbaric should be abolished, as was suggested by me (Law vinces. ornamentation.-Echo, Jan. 29.

Times, No. 1413), or regulated according to profits, Your committee have, however, to complain and all solicitors should be charged accordingly. of the want of interest manifested in the affairs

The stamps on admission and on the articles, seem of the association by many of its best paying LAW STUDENTS' JOURNAL. to be more fair, and less liable to objection. I members. It is not enough to become mere

have paid, at least, £250 as an articled clerk and subscribers. Members should supervise the acts

solicitor, in stamps, since my signature of articles of the committee, and from time to time give UNIVERSITY OF LONDON.

in 1838, and yet I am not entitled to have my name directions for the management of the association. FIRST LL.B. EXAMINATION.-EXAMINATION FOR inserted in the Law List without making an Your committee would also desire to impress HONOURS.

annual payment, irrespective of profits! The upon the members the necessity of making

question deserves the notice of all law societies, punctual payments of their subscriptions. The First Class. and of the Government.

Chr. CookE. amount is so small that there really is no excuse Colleges, &c.

for irregularity. Serrell, G., M.A. (Exhi.) Private study. Spokes, A. H., B.A. University College. LEGAL EDUCATION—GRAY's INN-CALLS TO its members, also aims at elevating their social

Your association, while protecting the rights of THE BAR.- I do not find your usual report of the and educational position; and taking into account Taylor, RW., B.A. University College.

Calls to the Bar during the present Hilary Term. the ineans afforded with that view, and the fact Phillips, W. K.. Wesley College. Third Class,

This society on Monday last called four members that the association was not fully formed until Baxter, W., Law Sch., Trinity Coll. Dublin.

to the Bar. In the sixteen previous terms the January 1872, your committee think that the Beaston, J. Private study.

society called only thirteen members. The income Private study.

success attendant upon such efforts is highly of the society during the same period was gratifying. The annexed balance sheet will show Rook, W. N Private study.

£33,372 188. 88 (thirty-three thousand three hun. that the financial position of the association is Wilson, W. H.C.......... Private tuition.

dred and seventy-two pounds eighteen shillings most prosperous. Dean, E.

Private study.
Hart, A. L.
Panneli, H. c. }Equal Private Etuition and study.

study.

and eight pence). Attorneys and solicitors are
now arbitrarily excluded from being members. mittee that some effectual check should be put

It being the unanimous opinion of the com.
Paice, C...
Private study.

Your insertion of this will greatly oblige Secoxd LL.B. EXAMINATION.-EXAMINATION FOR

WM, GRESHAM.

upon the dangerous facility with which persons

totally disqualified by utter want of training, HONOURS.

character, or knowledge, can now assume the COMMON LAW AND EQUITY.

name of law clerk, a proposition was brought First Class.

NOTES AND QUERIES ON forward at one of the general meetings of the

Colleges, &c. Lubbock, E. (Scholsp.) Private study.

POINTS OF PRACTICE.

association, recommending that the system of Third Class.

registering law clerks--already existing in the Jones, D. B. University College.

Landed Estates' Court-should be extended to
Radford, G. H.
Private study.

Notice.-We must remind our correspondents that this
column is not open to questions involving points of law all the courts. The question was very fully dis.

such as a solicitor should be consulted upon. Queries will cussed at a numerously attended meeting, and
LL.D. EXAMINATION.
be excluded which go beyond our limits.

was affirmed by an overwhelming majority. Colleges, &c.

N.B.- None are inserted rinless the name and address of the
Grece, C.J.
Private study.
writers are sent, not necessarily for publication, but as a

Your committee earnestly recommend this sub. guarantee for bonu fides.

ject to the consideration of their successors and

the association at large, as they are of opinion Queries.

until some such system of registration shall be CORRESPONDENCE OF THE

59. Trusts-EXECUTION BY DEVISEE.- In the note to adopted, the respectable and properly qualified PROFESSION.

Lord Braybroke y. Inskip, in Tudor's Leading Real law clerk will never obtain that due recognition
Property Cases (3rd edit., p. 893), it is stated that of his position and services which it is one of the

“wbere property is vested in trustees upon trusts to be fundamental objects of the association to secure NOTE.-This Department of the Law TIMES being open to executed by them, or the survivor of them, or the heirs free discussion on all professional topics, the Editor is not

for him. It is suggested that a general roll of of the survivor, the trusts cannot be executed by the responsible for any opinions or statements contained in it. devisee of the survivor," and several cases in point are

law clerks should be prepared under the sanction cited. But would not a devise by the surviving trustee

of the proper authorities, npon which none but ATTORNEYS AND SOLICITORS.–The examina. be equivalent to an appointment of the devises as qualified law clerks should be placed, and from tion of attorneys was ordered by Parliament (4 trustee, and consequently effectual as such, under 23 & which clerks who bring discredit upon their order Hen. 4, c. 18), and in the reigns of Queen Eliza- 24 Vict. c. 145, sect. 272 ?

LL.B.

should be struck off and prevented from trans, beth and King James I. attempts were made to increase their legal knowledge. During the Com, kindly inform me whether it is the duty of the Regis

60. County Court-Lists.-- Will any of your readers acting business. In our present unprotected

state there is nothing to prevent persons desti. monwealth, A.D. 1654, examiners were appointed trar of the County Court to cause a list of all summonses tute alike of character and competency from as. by rule of court, and the statutes (2 Geo. 2, c. 22, to appear which shall have been served to be stuck up suming the name of “law clerk," and thus and 22 Geo. 2, c. 46),

were designed to improve in his office eight days, or how many days, before the lowering the status of the properly qualified the education of attorneys and solicitors. But bolding of the court ? refer to

assistant. Practice or Order in Council bearing thereon. I per. Lord Ellenborough, when Chief Justice, com.

by 3rd edition of

In any such system of registration the interests plained that the statute 4 Geo. 2, 0.26, by making Practice

, published 1849, he is required to do so eight of junior clerks should be carefully provided for. it necessary to render legal proceedings in the 'days.

À SUBSCRIBER, The inconvenience imposed by the new Juries

JURISPRUDENCE AND ROMAN LAW.

Second Clask.

Clarke, F. }Equal

Act, under which law clerks are liable to serve on A vote of congratulation to Baron Amphlett oxciting contest, he was defeated by a very small juries, was prominently brought under the notice on his recent judicial appointment, was passed. majority. In recognition of Mr. Haly's services of your committee. It happened that a member Mr. Martin Curtler was elected president, Mr. | in the Liberal cause, the inhabitants of the town of the association was actually summoned to Samuel M. Beale vice-president, and Mr. William subsequently raiserl a large sum of money by subattend on a jury in an action in which he had pre. Allen re-elected hon. secretary and treasurer, who, soription to present him with a testimonial, which pared the case for proofs, the pleadings, and with Messrs. Bentley, Southall, Hyde, Hughes, took the form of a handsome silver epergne, bearserved the notice of trial. The Parliamentary and Corbett, form the committee for the present ing a suitable inscriptios, together with the arms Committee appointed to inquire into the working year.

of the borough. In 1856, and again in 1859, Mr. of the Act was communicated with by the secre.

Haly was a candidate for the representation of his tary, with a view of having law clerks exempted ARTICLED CLERKS' SOCIETY. native town, Poole, but was defeated on each occafrom its operation, and replies promising atten. A MEETING of this society was held at Clement's sion. It should be mentioned that Mr. Haly was tion to the subject were received from the Inn Hall, on Wednesday, the 28th Jan., Mr. I. the head of a very ancient and loyal Irish family, Marquis of Hartington, chairman of the com- Rubenstein in the chair. Mr. Baber opened the branches of which were settled for many generations mittee, Lord Crichton, and Colonel Wilson Patten, subject for the evening's debate, viz. : “That it is at Towryne, co. Limerick, and at Bally-Haly, late chief Secretary for Ireland. The letters re- desirable to assimilate the county with the borough co. Cork. Sir Nicholas Haly of Tremaine, an ceived during this correspondence assured the franchise, and to have a re.distribution of seats.” attached adherent of Charles I., was, for important committee that in future legislation law clerks The motion was lost by a majority of one.

services rendered to the royal cause, created a would be exempted from this unsuitable duty.

baronet and subsequently raised to the peerage A well-supported movement to form a Provident

by that unfortunate monarch. The letters of the and Benevolent Institute in connection with the

king, dated Newcastle 1617, conferring these presentassociation, but distinct as far as manage.

LEGAL OBITUARY,

dignities, are extant, but the troubles of the ment and finance were concerned, was made atan

times prevented the completion of the patents, advanced period of the year, and an undertaking NOTE: This department of the Law Times, is contributed

by EDWARD WALFORD, M.A., and late scholar of Balliol

and Cromwell, on the capitulation of Limerick, to aid in the formation of such an institute has College, Oxford, and Fellow of the Geneaiogical and confiscated the property in that county. The been signed by about forty of the most influential Historical Society oi Great Britnin; and, as it is desired family remained settled at Bally-Haly, co. Cork, members of the association. Your committee

to make it as perfect a record as possible, the families and

friends of deceased members of the Profession will oblige until the close of the last century, when Mr. argently recommend that this movement be en- by forwarding to the Law Times Office any dates and Haly's grandfather, on his marriage with Miss couraged by the association. Every properly

materials required for a biographical notice.

Bowker, of Lightbourn Hall, Lancashire, took up organized body should have in connection with it

J. BAMFORTH, ESQ.

his residence in England. The Earl of Donough. a means of assisting its members when out of

more is a branch of this family, which, according employment by sickness or otherwise, and of The late Joseph Bamforth, Esq., solicitor, and

to Lavoisne and other genealogists, trace back to relieving the orphans and widows of members alderman of Rotherham, who died on the 18th

a been when their breadl-winners have been removed by inst., at his residence, Southbourne House, in that established in that country long before Strong:

town, in the sixty-third year of his age, was born bow's invasion. Mr. Haly's remains were interred the hand of death. The question of the Saturday half-holiday is in 1810, and admitted a solicitor in Easter Term,

at the cemetery, near Poole, Dorset, on Saturday, still in an unsettled state. During the vacation 1836, and had been in practice at Rotherham for a

the 17th inst. The funeral, by express desire, was your committee are happy to say the half-holiday period of nearly forty years. For some fifteen or was granted by the solicitors who signed the sixteen years he was a most useful and energetic strictly private, but it was attended by several

devoted friends. undertaking in 1872. Its enjoyment, however, member and a regular attendant at the meetings during the entire year cannot be had until the of the old Local Board of Health of Rotherham, offices of the courts shall be closed at an early and took a very prominent part in the advocacy PROMOTIONS AND APPOINThour on Saturday. A memorial to the judges, of the purchase of the Rotherham Gas Works, praying for this, was forwarded to them by your mittee in London to assist in the consummation and was present before the Parliamentary Com.

MENTS,

N.B.-Announcements of promotions being in the nature committee in Easter Term, and your secretary

of advertisements, are charged 2s, 6d. each, for which has since been in correspondence with a number of the objects the local board had in view. On

postage stamps should be inclosed. of the individual members of the Irish Bench on

the incorporation of Rotherham as a municipal the subject. No formal reply has as yet been borough in 1871, Mr. Bamforth was one of the The Lord Chancellor has appointed Mr. Robert received to the memorial, but the Lord Chancellor, gentlemen elected a councillor to represent the Leigh, of Beaminster, Dorsetshire, solicitor, a as head of the legal authorities in this country, West Ward in the council

, and at its first meet. Commissioner for Administering Oaths in Chanhas caused inquries to be instituted in the offices ing, when the mayor and aldermen were to be cery, in England. of the different courts as to the effect which early manic bench. That position, says the Sheffield folk-street, Strand, London, and Blackheath, has

elected, he was chosen as one to sit on the alder. MR. CHARLES Ford, of 1, Howard-street, or. closing would have on the business; and your Daily Telegraph, he faithfully held, and he was committee have ascertained from authentic

been appointed by the Judge of the High Court of sources, that the chiefs of some of the most in present at the last general meeting of the council, Admiralty an Examiner of that Court. portant departments have reported that the early which was held on the 7th of the present month. closing on Saturdays would be beneficial. Un.

Mr. Bamforth took great interest in the welfare official replies to the memorial, expressing of the town of Rotherham, and was a strong sup.

THE GAZETTES. sympathy with the movement, have been received porter of friendly societies, to more than one of from the Lord Chancellor, the Lord Chief Instice which he had acted as secretary for many years.

Professional Partnerships Dissolbed. of Ireland, Mr. Justice Keogh, Mr. Justice Law. The deceased gentleman has left a family of six

Gazette, Jan. 13. son, Barons Deasy and Dowse, Judge Harrison, children to lament his loss.

YELNOX, PARK, and NILSOX, WILLIAM BENFORD, attorneys and Judge Flanagan, and Judge Townsend. Your

solicitors, Essex-st, Strand Dec. 31

SANDYS and KNOTT, attorneys and solicitors, Gray's-inn-sq. committee recommend their successors to strain

H. LINGEN, ESQ.

Jan. 10. (William Sandya and James Pullen Knott) every nerve to bring this important question to a Tor late Henry Lingen, Esq., barrister-at-law, of

Gazette, Jan. 16. successful issue.

Penlanole, Radnorshire, who died on the 22nd inst., Wolverhampton and Bulston. Nov. 14. (Thomas Waterhouse The registrar of situations reports that he has at his residence, near Rhayader, in the seventy.

and Thomas Francis Bolton)

DUXCAX, HILL, and PARKINSOX, attorneys and solicitors, Liver. received numerous applications from solicitors second year of his age,

was the second son of the

pool. Dec. 31. (Henry C. Duncan, John Parkinson, and J. E seeking for clerks from amongst your body, but late William Lingen, Esq., formerly of Burghill as few of the members were out of employment, Lodge, Herefordshire, by Anne, daughter of John only a small body number of the vacancies were Barrett, Esq., of Hollins Hill, Worcestershire.

Bankrupts. filled. This is a striking evidence of the growing He was born in the year 1803, and was called to

Gazette, Jan. 23. importance of your association, and shows that the Bar by the Honourable Society of the Middle

To surrender at the Bankrupts' Court, Basinghall-Street.

HAMILTOX, AUGUSTUS HENRY CARR, no occupation, Brecknock the careful selection of members, and the educa Temple, in Michaelmas Term 1838. He was a rd-north. Pet. Jan. 21. Reg. Spring. Rice. Sols. Ashurst and tional advantages afforded by the association, is magistrate and deputy-lieutenant for Radnor.

Co., Old Jewry. Sur. Feb. 3

HASSELI. EDWARD, auctioneer, Falkland rr, Kentish-town. gradually convincing the Profession that the best shire, for which county he served the office of Pet. Jan. 13. Reg. Murruy. Sol. Suların, King-st, Cheapside. employés are to be found within the association. high sheriff in 1339. Mr. Lingen married in 1837

To surrender in the Country.
Priscilla, daughter of Joseph Jones, Esq., of HEDGES, FREDERICK, butcher, Gosport. Pet. Jan. 16. Reg.
Aberystwith, Cardiganshire, by whom he has left

Howard. Sur. Feb. 2

WILDGOOSE, JAMES ANTHOYY; WILDGOOSE, THOMAS HENRY : WORCESTER LAW SOCIETY. surviving issue Charles Nelson, who is a magig. and WILD 00SE, FRANK HUMBY, wine and spirit_merchants,

Macclesfield. Pet. Jan. 21. Dep.-Reg. Mair. Sur. Feb. 4 The general annual meeting of the Worcester trate for the county of Radnor, and in holy and Worcestershire Law Society was held in the orders.

Gazette, Jan. 27.

To surrender at the Bankrupts' Court, Basinghall-street. library on Thursday, the 22nd January 1874.

ELLIOTT, JAMEN, greengrucer, King-st, Hannersmith, Present, Mr. R. P. Hill, president; Messrs.

W. T. HALY, ESQ.

WILSON, BENJAMIN COULTMAX, house agent, Delgrave-sq. Pet. Bentley, Hyde, Hughes, Corbett, Crisp, Abell ; The late William Taylor Haly, Esq., barrister-at- Jan. 23. Reg. Murray. Sur. Feb. 10 Allen, hon. sec. The accounts having been law, who died on the 10th inst., at Queensborough.

Tu surrender in the Country.

ALLCOCK, THOMAS, brass founder, Birminghain. Pet. Jan. 23. audited, showed a balance of £75 8s. 3d. in favour terrace, Bayswater, in the fifty.sixth year of his of the society. The report of the committee age, was the eldest son of the late Lieutenant

BELTOX, WILLIAM, cattle dealer, Easton. Pet. Jan. 21. Reg. showed that two members, Mr. Hyla Holden and Richard Standish Haly, R.N. (a distinguished LISTER, JOHN GEORGE, shipbuilder, Mulford. Pet. Jan. 21. Reg. Mr. Knipe, had resigned upon their retirement officer who served in Egypt under Lord Keith), PARRY, SAMLEL, hay dealer, Wombourne. Pet. Jan. 2. from the Profession. Three new members, and was born at Poole, Dorsetshire, in the year namely, Messrs. Henry Corbett and John Thomp. 1818. In early life he accompanied his father to

PINCHES, EDWIN WILLIAM, butcher, Plymouth. Pet. Jan. 22.

Dep. Rex. Shelly Sur. Feb. 7 son, of Worcester, and Mr. George Coventry, of the West Indies, and subsequently made an SOMERS, JOHN BARNN, Purmer, Eastcott, ngar Pinder. Pet. Jan. Upton-on-Severn, had been elected members. The extended tour through the United States. On his

YATEN, WALTER EDWARD), inill furnisher, Rusholme, near Mintotal number of present members and subscribers return he devoted himself to literary pursuits, being seventy-six as against seventy-four in the and was for some time connected with the press,

BANKRUPTCIES ANNULLED. preceding year. notably with the Times and Daily News. He was

Gazette, Jan. 20. The number of books taken out of the library called to the Bar by the honourable society of the

HAMMOND, ABRAHAM, builder, Lewisham. April , 1373 up to the 31st December last, exclusive of Middle Temple in Easter Term 1819, and practised Hoult, RACHEL, spinster, shettield. March 29, 1973

Gazette, Jan. 23. periodicals, was 1084, being a decrease of 108 for some years at the Parliamentary Bar with con. WILKE, SAMUEL, gentleman, Southend. Pob. 13, 1988 upon those taken out in 1872.

siderable success. His first retainer, immediately The report set out at some length the action of after his call, was for the Corporation of the City Liquidations by Arrangement. the society in reference to the Land Transfer Bill, of London in opposition to the Smithfield Cattlo

FIRST MEETINGS. the Supreme Court of Judicature Bill, and other Market Bill, and he continued through life to legal measures of the past session. enjoy the confidence of the Corporation, having arrond, JOHN BARNABA», builder, Henry st, Gruy's inn.rd. Pet.

Gazette, Jan. 23. A memorial to the Lord Chancellor, praying that been specially retained only last session in their J:ın. 0. Feb. 19, at three, at office of Sols. Lewis, Munns, and the city of Worcester might be made one of the great contest with the Endowed Schools Commis. Longden, Old Jewry

BAKER, WILLIAM. Xrocer, Loddon.

Feb. 7, at registries under the provisions of the Judicature sion. Mr. Haly was an advanced Liberal in Act, was read and adopted, and sent to Baron polition,

BOLTOX, WAT

RHOUSB, and BOLTOX, Attorneys

solicitors.

Gray Hill)

Sur. Feb. 10

Pet.

Jan. 24. Ref. Roche. Sur. Feb. 12

Reg. Chauntler. Sur. Feb. 3

Gaches. Sur. Feb. 9

Lloyd. Sur. Feb.

Reg.

Brown. Sur. Feb. 19

24. Reg. Darvill. Sur. Feb. 14

chester. Pet. Jan. 22.

Reg. Kay. Sur. Feb. 13

Communications and Advertisements must

addressed.

a

JUDICLAL COMMITTEE OF THE PRIVY

COUNCIL. THE ROYA-THE AVA

Adjustments between Tenants for Life
and Romaindermen

217
The Rescission of Contracts of Sale of
Goods

219

To Readers and Correspondents.

advanced reformer. He was a speaker of some force, and took a

prominent part in the debate on the Judicature Bill. Although ARTICLED CLERK.-Gurney uses stenography. We recommend Pitman's.

we did not agree with his views on the subject of married women, Anonymous communications are invariably rejected.

we regret that he has lost his seat. All communications must be authenticated by the name and address of the writer not necessarily for publication, but as a guarantee of good faith.

It occurs to us as somewhat remarkable that the election speeches

of the last ten days have been almost entirely devoid of reference to CHARGES FOR ADVERTISEMENTS.

a subject which was lately supposed to be of paramount imFour lines or thirty words........... 38. 6d. | Every additional ten words Os, 6d. portance—the amendment of the land laws. The financial mania

Advertisements specially ordered for the first page are charged one-fourth more appears to have seized everybody, from Baron Rothschild to Mr. than the above scale. Advertisements must reach the Office not later than five o'clock on Thursday

ODGER, and amidst the exultation of the Liberal party over a afternoon.

surplus of five milllions, and the scoffs of the Conservatives,

the land question has disappeared. When our politicians are TO SUBSCRIBERS.

driven for subjects to quarrel about so far back as the Crimean The volumes of the LAW TIMES, and of the Law TIMES REPORTS, are strongly and War, and so far away as the Straits of Malacca, it leads to aniformly bound at the Office, as completed, for 59. 60. for the Journal, and 43. 6d. the belief that reform, in dealing with land tenure and land

for the Reports. Portfolios for preserving the current numbers of the Law TIMEs, price 5s, 6d., by

transfer, is not one of the burning questions" of the day. We post 5d. extra. LAW TIMES REPORTS, price 38. 6d., by post 33. extra.

indeed incline to the opinion that the public are not altogether

discontented with the existing state of charges, and that they do NOTICE.

not grudge payment for what they know will render them as

secure in their titles as the law permits. And we know for a fact The Law TIMES goes to pross on Thursday evening, that it muy be received in the remotest parts of the country on Saturday morning.

that in many districts it is becoming a practice for an agreed sum be transmittod accordingly. Nono can appear that do not reach the ofice by Thursday to be paid for conveyancing business according to the nature of afternoon's post.

the work. If this course were generally pursued, much of the comWhen payment is made in postage stamps, not more than 58. may be remitted at one time.

plaint which occasionally finds expression would entirely disappear. AU communications intended for the Editor of the Solicitors' Department should be 80

At any rate it is clear that there are many more pressing and

difficult questions to be solved before the land laws occupy a front Now ready, price 5s.6d., Part VIII. of Vol. XII. of

place in the political programme.

, Serjeant-at-Law, Recorder of Portsmouth. The Parts and Volumes may still be had to complete sets. It is the only complete series of Criminal Cases published in In the list of new Queen's Counsel, just created by the LORD England. An Appendix contains a valuable collection of Precedents of Indictments.

CHANCELLOR, one name occurs which the other able men on whom London: HORACE Cox, 10, Wellington.street, Strand, W.C.

this dignity has been conferred would probably be first to acknowNow ready, price 5s. 6d., VOL. II., Part 1, of

ledge as the most widely and familiarly known among their MA

ARITIME LAW REPORTS (New Series). By J. P. ASPINALL, number. Both in the Colonies and in America “ Clark's House of

Esq., Barrister-at-Law, in the Admiralty Courts of England and Ireland, and in all the Superior Courts, with a Selection from the Decisions of the United States Courts,

Lords' Cases" are cited as the authoritative record of the decisions with Notes by the Elitor, The First Series of “Maritime Law" may now be had com: of the highest Court of Appeal in Great Britain, whilst the value plete in Three Volumes, half bound, price £5 58. for the set, or any single volume for £2 28. Back numbers may be had to complete sets,

of these reports to lawyers in this country for a legal generation has London : HORACE Cox, 10, Wellington-street, Strand, W.C.

been admitted. In other branches of professional pursuits Mr.

CLARK's name is also to be met with. In nearly all the recent PeerCON TEN TS.

age cases he has held a brief ; he has acted for many years as Re.

vising Barrister for the County of Hertford; was one of the Royal REPORTS.

Commissioners appointed to inquire into the criminal laws of the

Channel Islands; and is the author, among other legal essays, of American Opinion upon the Operation of

a standard work, entitled "Summary of Colonial Law,” referred Collision-Speed-Lights obscured by stemer's smoke-Duty to stop and us.

to with approval by Lord Chief Justice COCKBURN in the course of

his charge to the grand jury in the case of The Queen v. Nelson COURT OF APPEAL IN CHANCERY. Complete Specification....

and Brand. The mark of recognition by the Lord Chancellor Will-Bequest to afterborn reputed chil.

has, in this instance, clearly followed the voice of the Profession, V.C. BACON'S COURT.

for, in Hilary Term 1872, whilst still a stuff gownsman, the high Court of Queen's Bench (Ireland)

compliment was paid to Mr. CHARLES CLARK of electing him a Letter of hypothecation-Construction

Bencher of the Middle Temple, at the same time that a similar -Whether policy of insurance repre

tribute was paid to the standing and qualities of Mr. CHARLES

Hall, since promoted to be one of the Vice-Chancellors. - Royalties-Tenant for life-Conver

Winding-up Acts

Creditors under Estates in Chancery
WW-Construction--Legacies, whether
Reports of Sales

An important question, affecting the right of habeas corpus in 800

civil cases, was raised in a case recently before the Irish Court of

Queen's Bench. A civil bill process was brought against a jury lists-Overseers' accounts-D19

defendant, not specifying the date when the debt accrued, for a HOARE . METROPOLITAN

debt which in fact accrued after the passing of the Debtors' Act Right to renew a tavern sign post-Me

European Assurance Arbitration ............. 255 (Ireland) 1872 ; and the defendant not appearing, a decree was
Equity in County Courts..

granted for the amount. The entry of the decree in the book of

the clerk of the peace did not specify the date when the debt Biggleswade County Court...

accrued, or whether execution was to be against the person or
Appointment of servant by board of
Fuardians - Corporation - Appoint-
Court of Bankruptcy.

goods of the defendant. The decree was filled up by the clerk of LEGAL NEWS....

the plaintiff's attorney with an award of execution against the NOTES AND QUERIES ON POINTS OF PRAC

goods; but afterwards the attorney, without any fraudulent Ship and Shipping-Charter-partyLump freight-Loss of part of cargo

intention, inserted in the decree the words “in the year 1871,” as by perils of the sea without the fault

being the date when the debt accrued, and induced the clerk of a shipowner COURT OF ADMIRALTY. County Courts

the peace to alter the award of execution, making same against THE CITY OF CAMBRIDGECollision-Plot's duties and responsi.

the body. The chairman, misled by the decree as altered, signed bilty-Ship at anchor-Look-out Articled Clerks' Society

same; and the defendant was arrested on the decree after the Bristol Articled Clerks' Society

coming into operation of the Debtors' Act. The question was LEADING ARTICLES, &c.

whether he was entitled to be discharged from custody on a writ TO READERS AND CORRESPONDENTS ..... 245

of habeas corpus. It was argued by the counsel for the plaintiff Spring Circuits of the Judges

that the civil bill decree was only issued irregularly, and that if so, Topics of the Week........ The Non-Registration of Mortgages in

a habeas corpus would not lie. The court did not assent to this cluding Fixtures BIRTHS, MARRIAGES, AND DEATHS

proposition, and having examined several cases, which will be found in a report which appears in another column, decided that there was perfect authority for liberating the prisoner, not derived alone from statute, but fortified also by the common law. It would have been startling indeed if an irregular arrest could have

deprived a debtor of his liberty until he paid the debt. The House of Commons has lost a useful legal member in Mr. HINDE PALMER, Q.C., who appears to be one of the victims of the THE ATTORNEY.General has been somewhat facetions concerning altered sentiments of some of the constituencies. The learned the "writ of pains and penalties” with which Mr. GLADSTONE was gentleman was beaten by a Conservative Colonel in the contest said to have been threatened. The instigator of this mysterious for Lincoln City. Mr. PALMER's principal work was a Bill for the process turns out to be a cork leg manufacturer, and Sir HENRY removal of the existing disabilities of married women with refer- JAMES suggests that no one but a cork leg manufacturer could ence to property, and in this respect he was certainly the most have invented it. Humour has not been superabundant during

VOL, LVI.-N0. 1610.

certain course

781

OCCLESTON , FULLALOVE

dren

785

LATHAY V. THE CHARTERED BANK OF

INDIA, AUSTRALIA AND CHINA

the Judicature Act

248 LAW LIBRARY

249
PATEXT LAW

250
SOLICITORS' JOURNAL
Topics of the Week

250
Notes of New Decisions

250 V.C. Hall's Court

251

251 Court or Common Plus

232 Heirs-at-Luw and Next of Kin

253 Unclaimed Stock and Dividends in the Bank of England

253 Appointments under the Joint Stock

253

213 Creditors under 22 * 23 Vict. c. 35

23

a

sents goods insured

795 GREAVES t'. SMITH

Wu-Construction-Wasting securities

sion ..

798

BUMPI'st'. BU MPUS

specific

COURT OF QUEEN'S BENCH. REG. t. HASLINGFIELD

Justices' clerks' fees. Verification of

MAGISTRATES' LAW

Notes of New Decisions ......................... 254
MERCANTILE LAW-
Notes of New Decisions

254
The Law of Re-Insurance

254 COMPANY LAW

allowance by poor law auditor

801

BOARD OF
WORKS