« EelmineJätka »
V.C. Bacon's Court.
paper to be so heard, and the necessary papers loft in At Lincoln's-inn.
court with the judge's officer the day before the cause
comes into the paper.
10 The First Seal. Motions and
The following is a complete and revised list of Thursday
12 Ditto Friday 13 Ditto
the Spring Circuits of the Judges :Saturday 14 Petitions, short causes, and
HOME. general paper
(The Lord Chiet Baron of the Exchequer (Sir FITZROY Monday 16 In Bankruptcy
KELLY) and Mr. Justice LUSH.) Tuesday 17 General paper
Hertford, March 2
Lewes, March 16 Wednesday 18 Ditto
Chelmsford, March 5 Kingston, March 23 Thursday 19 The Second Senl. Motions and
Maidstone, March 9 adjcurned summonses
OXFORD, Friday.. 20 General paper
(The Lord Chief Justice of the Common Pleas (Lord Saturday 21 Petitions, short
COLERIDGE) and Baron CLEASBY.) general paper
Reading, Feb. 27
Shrewsbury, March 19 Monday 23 In Banloruptcy
Oxford, March 2
Hereford, March 24 Taesday 24 General paper
Worcester, March 7
Monmouth, March 27 Wednesday 25 Ditto
Stafford, March 12
Gloucester, April 1 Thursday 26 The Third Seal. Motiong and
NORTHERN. adjourned summonses Friday.. 27 General paper
(Mr. Justice Denman and Baron AMPHLETT.) Saturday 28 Petitions, short causes, aud Appleby, Feb. 14
Lancaster, March 7 general paper
Carlisle, Feb. 17
Manchester, Mar. 11
Liverpool, Mar 21
Durham, Feb. 29
5 The Fourth Seal. Motiong and (Mr. Justice KEATING and Mr. Justice QUAIN.)
Wiuchester, Feb. 26 Taunton, March 21
Dorchester, March 5 Devizes, March 27 Saturday 7 Petitions, short causes, and Exeter, March 10
Bristol, April 2 general paper
Budmin, March 17 Monday 9 In Bankruptcy
NORFOLK. Tuesday 10 General paper
(Mr. Justice BLACKBURN and Mr. Justice BRETT.) Wednesday 11 Ditto
Oakham, March 2
Huutingdon, March 19 Thursday 12 The Fifth Seal. Motions and
Leicester, March 2
Cambridge, March 21 adjourned summonses
Northampton, March 7 Norwich, March 26 Friday 13 General paper
Aylesbury March 12
Ipswich, April 1
1+ Fetitions, short causes, and Bedford, March 16
16 In Bankruptcy Tuesday 17 General paper
(Mr. Justice ArCHIBALD and Baron POLLOCK.) Warwick, Feb. 25
Lincoln, March 14
Derby, March 3
York, March 20
Nottingham, March 7 Leeds, Larch 26 adjourned summonses Friday. 20 General paper
NORTH WALES. Saturday 21 Petitions, short causes, and
(Baron PIGOTT.) general paper
Welcbpool, March 9 Ruthin, March 23 Monday 23 In Bankruptcy
Dolgelly, March 12
Mold, March 26
24 The Seventh Seal. Motions and Carnarvon, March 16 Chester and City, March
Beaumaris, March 19
28 Wednesday 25 General paper
SOUTH WALES. Thursday 26 Ditto
(Mr. Justice HONYMAN.) Haverfordwest, Feb. 21 Brecon, March 21 Cardigan, Feb. 27
Presteign, March 26
Carmarthen, March 3
Chester and City, March
Swansen, Mrch 7
The Lord Chief Justice of England (Sir A. J. E.
general paper Tuesday
10 General paper Wednesday
11 Ditto Thursday 12 Ditto
THE GAZETTES, Friday.....
13 Petitions, adjourned sum.
monses, and general paper Saturday 14 Short causes, adjourned sum.
Bankrupts. mopses, and geueral paper Monday 16 General paper
Gazette, Jan. 30. Tuesday 17 Ditto
To surrender at the Bankrupts' Court, Brainghall-street. Wednesday 18 Ditto
MORGAX, CHRISTOPHER, worehousemon, Bermondsey-st, South. Thursday 19 The Second Seal. Motions and
Wirk. Pet. Oct, 24. Reg. Pepys. Sur. Feb. 10
TUPPER, CHARLES WILLIAM, Italian warehouseman, New Bond general paper.
st. Pet. Jan. 27. Reg. Spring-Rice. Sur. Feb. 19
To surrender in the Country.
BALLS, HAROLD GRIFFIX, currier, Cambridge.
Pet. Jan. 94.
COHEN, SOLONOx, clothier, Middlesborough. Pet. Jan. 23. Reg.
Crosby. Sur, Feb. 11 Tuesday 24 Ditto
EVANS, EDWIN, victualler, Slough. Pet. Jan. 24. Reg. Darvili. Wednesday 25 Ditto
Sur. Feb. 14
HART, PHILIP WOODROW, no occupation, Norwich. Pet. Jan. Thursday ......... 26 The Third Seal. Motions and
26. Reg. Palmer. Sur. Feb. 12 general paper.
MCINTOSH, WILLIAM JAMES, grocer, Newcastle. Pet. Jan. 28. Friday....... 27 Petitions, adjourned sum
Reg. Mortimer. Sur. Feb. 12 monses, and general paper
PARK, WILLIAM, beerhouse keeper, Trowbridge. Pet. Jan. 27.
Rek. Smith, Sur. Feb. 10
23 Short causes, adjourned sum. RANNOME, THOMAS H., paper manufacturer, Wincle, near Maccles.
TABBERNER, JOHN LOUDE, Park.pl, Eltham. Pet. Jan. 16.
Dep.-Reg. Farn seld. Sur. Feb. 13 Tuesday
3 Ditto Wednesday 4 Ditto
Gazette, Feb. 3.
5 The Fourth Seal. Motions and To surrender at the Bankrupts' Court, Basinghall-street.
FROST, WILLIAM, aroline-st, Bedford-sq. Pet. Jan. 20. Rog.
6 Petitions, adjourned snm. Pepye. Sur. Feb. 17
HOLMES, GEORGE, builder, Gloncester-rd, Camberwell. Pet. Jan.
30. Rex. Spring Rice. Sur. Feb. 19 Saturday
7 Short causes, adjourned sum. OFFORD, WILLIAM GEORGE, French paper manufacturer, Chisen.
monses, and general paper hale-rd, Old Ford. Pet Jan. 30. Reg. Murray, Sur. Feb. 17 Monday 9 General paper
ROBERTM, JULIUS, engineer, Cheyne-walk, Chelsea. Pet. Jan. 30.
Reg. Murray. Sur. Feb. 17 Tuesday 10 Ditto
SKEET, THONAS JEFFs, gentleman, Edgware-road, Maida-hill. Wednesday 11 Ditto
Pet. Jan. 29. Reg. Pepys. Sur. Feb. 17 Thursday 12 The Fifth Seal. Motions and
To surrender in the Country. general paper.
FRANKLIN, BENJAMIX, cattle dealer, Wühampstead. Pet. Jan. Friday 13 Petitions, adjourned BUM.
Reg. Pearse. Sur. Feb. 16
14 Short causes, adjourned sum- 30. Reg. Acworth. Sur. Feb. 20
Galette, Jan. 27. Tuesday
17 Ditto Wednesday 18 Ditto
ARYATT, WILLIAM, farmer, Fencott, in Charlton-on-Ottmoor.
March 10, 1873
19 The Sixth Seal. Motions and
POPE, FREDERIC, gentleman, Dorrington-on-Bain. June 6, 1873
Gazette, Jan. 30. mopses, and general paper
GLOVER, WALTER JOHx, merchant tailor, Newcastle. Nov. 15 Saturday
21 Short causes, adjourned sum. 1873
monses, and general paper Monday
23 General paper Tuesday
24 The Seventh Seal. Motions and
BROOKS, SANUEL, law clerk, Coomb's-st, City-rd. Pet. Jan. 22.
Feb. 12, at three, at office of Sol. Watson, Basinghall-st
at hal-pi: ten, at office of Sol. Hardwick, Leeds
Jan. 27. Feb. 18, at eleven, at office of Sol. Thornton, Whitby CHORLEY, WILLIAM EDMUND, grucer, High-st. Hounslow. Pet.
Jan. 24. Feb. 12, at one, at the Auction Mart, Tokenhouse-yd, city London. Sols, Roscoe, Hincks, and Sheppard COLLINS, JAMES HENRY, schoolmaster, Penistone. Pet. Jan. 28.
Feb. 14, at eleven, ut office of Sols. Messrs. Drunsfield, Penistone COLLINS, WILLIAN COULTiss, grocer, Middlesborough. Pet. Jan.
23. Feb. 9, at eleven, at otfice of Sol. Dobson, Middlesborough DAVISON, RICHARD, general provision denler, Great James-st,
Beciford-row. Pet. Jan. 36. Feb. 12, at eleven, at office of Stubbs,
hali.past three, at offices of Cook, Wellingborough. Sol. Becke,
India-docks, Poplar. Pet. Jan. 7. Feb. 10, at two, at the Masons'
27. Feb. 24, at twelve, at the Cannon-at hotel, city London. Sols.
Hart, Hart, and Marten
buildlers, Leamington Priors. Pet. Jan. 24. Feb. 9, at twelve,
at office of Sol. Overell, Leamington Priors GRIFFITHS, JOHx, beerhouse keoper, Hartshill. Pet. Jan. 27.
Feb. 17, at ten, at offices of Sol. Stevenson, Stoke-on-Trent HALLAN, WILLIAN, boot dealer, Liverpool. Pet. Jan. 27. Feb.
23, at three, at oftice of Vine, accountant, pool. Sol. Kit. sor, Liverpool HAKDISTY, FREDERICK ADOLPHUS, jun, riding master, Queen-st,
Brompton. Pet. Jan. 17. Feb. 7, at two, at 15, Devonshire-st,
North-end-rd, Hummersmith. Sol. Morris
at three, at offices of Sol. Sadd, Norwich
13, at three, at the Royal hotel, Bristol. Sols. Genn and Xalder.
27. Feb. 17, at three, at ottices of Sols. Messrs. Tennant, Hanley
at three, at the Commercial hotel, Manchester. Sol. Jackson,
23. Feb. 10, at two, at the Guildhall tavern, Gresham-st. Sol.
Feb. 19, at two, at office of Sols. Ratclife and Layton, Liverpool
Jan. 24. Feb. 12, at twelve, at office of Sol. Woodard, Ingram-ct,
Feb. 17, at two, at the Guildhall coffee-house, Greshamn-st. Sols.
Phelps and Sidgwick, Grusham-st
three, at offices of Sol. Tree, Worcester
three, at office of Sol. Meredith, Worcester
Feb. 12, at eleven, at office of Sol. Fryer, Preston
three, at office of Sol. Jones, Abergavenny
st office or Sols, Rooker and Bazeluy, Bideford JOHNSOX, WILLIAM, and JOHNSON, EDWAND, cotton waste
dealers, Manchester. Pet. Jan. 27. Feb. 16, at eleven, ut offices
o Sul Clayton, Manchester JOIX-OX, THOMAS, plumber, Royton, near Oldham. Pet. Jan. 28.
Feb. 13, at three, at the Duy wud Partridge inn, Manchester.
Sol. Clegg, Oldham
10, at eleven, at chce of Crowther and Co. ikoountants, Man.
chester. Sol Tennant, Abersson LAY, CILANLES, grocer, Birmingham. Pet. Jan. 27. Fob. 13, at
twelve, at stilce of Sol. Powell, Birmingham
Jan. 27. Feb. 13, at cleven, at the Great Western hotel, Reading.
at the Fletco hotel, Colchestur. Sol White
12, at eleven, ut the Briswi Commercia inn, Excter. Sol. Fivud,
18, actwelve, at ottice of Sol. Belk, Nottingham.
Feb. 16, at four, at ofhce of Sols. Messrs. Dy and Sykes, Dromley.
20. leb. 12, at two, at offices of Sols. Messrs. D.vis, Cork-st,
Pet. Jan. 28. Feb. 12, at two, at ottices of Sols. Siinpson und
Feb. 13, at three, at offices of Sols. Gardner, Horner, and Co.,
Jan. 24. Feb. 17, at two, at ottices of Sols. Arrowsinith and
tenham. Pet. Jan. 23. Feb. 11, at three, at 2, Chancery-la,
London, Sol. Boodle, Cheltenham
Pet. Jan. 20. Feb. 9, at two, at office of Sol. Norris, Acton-st,
Feb. 13, at two, at ottices of Sols. Addleshaw and Warburton,
twelve, at office of Sol. Mote, Walbrook
pers, Birmingham. Pet. Jan. 25. Feb. 10, at one, at office of
Sol. Assinder, Birmingham
7, at twelve, at office of Sol. Clifton, Bristol
27. Feb. 12, ut two, it office of Sol. Downham, Birkenhead RIDLINGTOS, JAMES NEWTOX, grocer, Erith. Pet. Jan. 17 Feb. 5, at office of Nicholls and Leatherdale, accountants, Old Jewry.
chambers, in lieu of the place originally named. RILEY, HENRY, stationer, Preston. Pet. Jan. 28. Feb. 11, at
two, at the Auction rooms of Messrs. Watson, Preston. Sol.
12, at three, at office or Sol. Holding, Salisbury
eleven, at office of Sol. Essery, Bristol
at eleven, at othce of Sol. Shrapnell, Brediord-on-Avon. ROU'XTHWAITE, THOMAS, clothier, Sunderland. Pet. Jan. 2.
Feb. 10, at twelve, at office of Sol. Ritron, Sunderland
29. Feb. 13, at ten, at office of Sol. Goatly, Westminster bridge-rd SANDERSOS, THOMAS, Joiner, Sheffield. Pet. Jan. 3. Feb. 11, at
two, at office of Sol. Roberts, Sheffield SCARLETT, Peter, druper, Stockport. Pet. Jan. 28. Feb. 20, at
Liquidations by Arrangement.
Gazette, Jan. 30. Thursday 26 Ditto
BANBERY, GEORGE, bootmaker, Wolverhampton. Pet. Jan. 2. N.B.-In Vice-Chancellor Hall's Court no cause, Feb. 14, at eleven, at office of Sol. Stratton, Wolverhampton motion for decree or further cousideration, except by BANGER, WILLIAM, gentleman, Weston-super-Mare. Pet. Jan.
23. Feb. 10, at one, at office of Hancock, Triggs, and Co., ac. order of the court, may be marked to stand over, if it be
countants, Bristol. Sols. Benson and Thomas, Bristol within twelve of the last cause or matter in the printed | BEALL, FELIX JOHN, baker, Queen-st, Hammersmith. Pet. Jan. paper of the day for hearing.
38. Feb. 11, at eleven, at office of Sols. Messrs. Howard, New Any causes intended to be heard as short causes Bridge-st before either of the Vice-Chancellors must be so marked
BRESSER, PHILLIP, tatlor, Westow-st, Upper Norwood, and Fore
Pet. Jin Feb. 13, at hall past two, at ut office of Sol. at least one clear day before the same cau be put in the Robinson, Charterhouse-sy
two, at the Clarence hotel, Manchester. Sol. Evans, Stockport and Manchester SHAR, BENJAMIN BARTOX, out of business, Liverpool. Pet. Jan.
27. Feb. 21, at four, nt office of 801. Lowe, Liverpool. SHARPE, WILLIAM HENRY CHRISTOPHER agent, Hammersmith,
and Upper John-st, Golden sq. Pet. Jan 28. Feb. 14, at eleven,
at 9, Upper John-st, Golden-sq. Sol. Sydney SOLOMONS, MORRIS, grocer, New Montinue-st, Spitalfields, and
Preston-st, Mule-end New-town. Pet. Jan. 22. Feb. O, at ten, at office of Sol. Dobson, Southampton buildings SPURWAY, JAMES, publican. Pet. Jan. 2. Feb. 10, at twelve,
at the Dolphin inn, Colyton. Sol. Wilton, Colyton, Devon. STRANGE, JAMES, wine merchant, Maude-rd, Camberwell, and
Botolph-la, city, London. Pet. Jan. 27. Feb. 14, at two, at ottice of Sol. Edwards, Cloak-la
Porte han. so. Feb. 16, at two, at omce of sole Williams Bed FUNERAL REFORM.
STONE . SIPENSEED SOWER
THUNDER, EDWARD, builder, Margate. Pet. Jan. 24. Feb. 13, at RUFFELL, JOHN, licensed victualler's assistant, Munster-st. three, at the Star hotel, Margate. Sol. Walford, Ramsgate.
· The exorbitant TUCKER, FREDERICK WALTER, commercial traveller, Norwich. ford-sg
items of the undertaker's bill have long operated as Pet. Jan. 28. Feb. 13, at four, at office of Sol. Sadd, Norwich SCUTT, JAMES, saddler, High-st, Stratford. Pet. Jan. 29. Feb. 13, an oppressive tax upon all classes of the community. With WETHERELL, JANE, widow and governess, Milverton. Pet. Jan. at three, at office of Sol. Parker, Pavement, Finsbury
a view of applying a remedy to this serious evil the 28. Feb. 19, at two, at the Bath hotel, Leamington Priors. Sol. SEARLE, GEORGE, boot and shoe manufacturer, Salmon-lane and LONDON NEOROPOLIS COMPANY, when opening Sanderson, Warwick St. Anne's-place, Limehouse, and High-st, Bow. Pet. Jan. 28. their
extensive cemetery at Woking, held themselves preWILKINSON, MATTHEW, draper, York. Pet. Jan. 2. Feb. 11, at Feb. 16, at one, at offices of Sol. Barrow, Queen-st, Cheapside pared to undertake the whole duties relating to intermente three, at office of Sol. Wilkinson, York
SMITH, THOMAS, draper, Middlesborough. Pet. Jan. 23. Feb. WILLIAMS, THOMAS LLEWELLYN, druggist, Tunstall. Pet. Jan.
at fixed and moderate scales of charge, from which survivors
12, at three, at offices of Sol. Addenbrooke, Middlesborough 24. Feb. 9, at eleven, at the Sneyd Arms hotel, Tunstall. Sol. SMITH, WILLIAM CLOSE, portmanteau manufacturer, Dalston.
may choose according to theię means and the requirements Hollingshead, Tunstall
Pet. Jan. 30. Feb. 16, at two, at offices of Sol. Aird, Eastcheap,
of the case. The Company also undertakes the conduct of WOODWARD, ROBERT, furnishing ironmonger, Bethnal-green-rd. London
Funerals to other cemeteries, and to all parts of the United Pet. Jan. 26. Feb. 11, at two, at ofticce of Sol. Bird, London- SPANSWICK, JOHN KNIGHT, fancy jeweller, Victoria-pk-rd. Pet. Kingdom. A pamphlet containing full particulars may be wall
Jan. 30. Feb. 16, at eleven, at office of Sols. Chorley and Craw- obtained, or will be forwarded, upon application to the
Chief Office, 2, Lancaster-place, Strand, W.C.
ant, Burton-upon-Trent BEAGLEY, WILLIAM, builder, Bentley. Pet. Jan. 22. Feb. 12, at
(PATENT).twelve, at offices of Sol. Ward, Beagley
14, at one, at Law Institution, Chancery-lane. Sol. Jones, For Florists and Small Seeds, 2s. 6d. each. For Peas, BENN, SAMUEL, plumber, Horton. Pet. Jan. 26. Feb. 11, at Hastings
&c., and Market Gardens, 8s. 6d, each.-To be had of all ten, at offices of Sol. Rhodes, Bradford
STYLES, GEORGE, coal merchant, West Smethwick. Pet. Jan. 20. Seedsmen, Ironmongers, and General Shopkeepers in the BETTS, JOHN, surgeon, Sherston Magna. Pet. Jan. 26. Feb. 21, Feb. 17, at eleven, at office of Sol. Tophamn, West Bromwich United Kingdom. at twelve, at office of Sols. Kinner and Tombs, Corn Exchange,
TAWELL, SAMUEL, and TAWELL, THOMAS WRITE, lace manufacSwindon. Sol. Chubb, Malmesbury
turers, Berners-st, Oxford-st. Pet. Jan. 20. Feb. 13, at three, at BIRBECK, WILLIAM HENRY, commission agent, Hanley. Pet. office of Sol. Mason, Newgate-st
COMMERCE, Jan. 30. Feb. 17, at eleven, at office of Sol. Stevenson, StokeTHOMAS, DAVID, butcher, Brynycelyn Dinas, near Pontypridd.
145, CHEAPSIDE, upon-Trent
Pet. Jan. 27. Feb. 14, at one, at office of Sols. Simons and Plews, BISHOP, BENJAMIN, grocer, Skipton. Pet. Jan. 30. Feb. 23, at Merthyr Tydfil
LONDON, E.C. two, at office of Sol. Paget, Skipton
TRACY, ANTHONY WINGFIELD, surgeon dentist, Bury St.
ROOMS FOR MEETINGS. mingham. Pet. Jan. 28. Feb. 9, at twelve, at Grand Turk inn,
Partridge and Greene, Bury St. Edmunds Ludgate-hill, Birmingham
TREADWELL WILLIAM, farmer, Boughton-under-Blean. Pet. Superior accommodation on the Ground Floor for holding BROOKS, JOHN, builder, Tlfracombe. Pet. Jan. 29. Feb. 18, at Jan. 31. Feb. 28, at eleven, at offices of Sol. Gibson, Sitting- Meetings of Creditors, Arbitrations, &c., at reasonable three, at the Royal Clarence hotel, nfracombe. Sol. Fox, niru
terms. Conveniently situated, lofty
light, well-ventilated, oombe
TYRER, RICHARD, metal dealer, Prescot. Pet. Jan, 30. Feb. 18, and quiet. BROTHERTON, JOSEPH, boot dealer, Barnsley. Pet. Jan. 30. at three, at office of Sol. Baxter, Liverpool
Apply to COOPER, CRAIG, and CRAIG, on the premises. Feb. 14, at three, at Couch and Horses hotel, Barnsley. Sol. VAUGHAN, EDWIN, licensed victualler, Bristol. Pet. Jan. 27. Freeman, Barnsley
Feb. 12, at two, at offices of Sol. Beckingham, Bristol BROWN, CHARLES THOMAS, coal merchant, Plymouth. Pet. Jan. WEBB, JOHN LANG FORD, cheesemonger, Tottenham-ct-rd. Pet. INAHAN'S LL WHISKY 30. Feb. 16, at eleven, at offices of Sols. Edmonds and Son, Ply- Jan. 30. Feb. 18, at two, at the Guildhall coffee-house, Greshammouth
st. Sols. Messrs. Davis, Cork-st, Burlington-gdns, W. BROWY, DAVID, grocer, Coventry. Pet. Jan. 31. Feb. 19, at
WEILD, DAVID, draper, Derby. Pet. Jan. 27. Feb. 17, at three, This celebrated and most delicious old mellow spirit is the twelve, at Castle hotel, Coventry. Sol, Davis, Coventry
at office of Sol. Leech, Derby
very BURGESS, WILLIAM, tea dealer, Bury. Pet. Jan. 31. Feb. 18, at WILLIAMS, John PRICE, draper, Liverpool. Pet. Jan. 31. Feb.
CREAM OF IRISH WHISKIES. three, at office of Sol. Anderton, Bury
18, at two, at office of Rogers, public accountant, Liverpool. CARATÍ, ANTONIO ALEXANDER, commission agent, Old Broad-st. Sol. Goffey, Liverpool
Io quality unrivaled, perfectly pure, and
more wholesome Pet. Jan. 20. Feb. 13, at three, at offices of Sols. Stocken and WILLINGS, JOHN, boot dealer, Filey. Pet. Jan. 31. Feb. 18, at
than the finest Cognac Brandy. Note the red seal, pink Jupp, Leadenhall-st
twelve, at the Old George hotel, Pavement, York. Sol. Scatchard, label, and cork branded. " Kinahan's LL. Whisky." - WholeCHATTIN, GEORGE, wheelwright, Smethwick, par. Harborne. Pet. Jan. 23. Feb. 18, at twelve, at office of sol. Shakespeare,
sale Depot, 20, Great Titchfield-street, Oxford-street, W. Oldbury CLARK, THOMAS, ship bread baker, Liverpool. Pet. Jan. 30.
Dibidends. Feb. 27, at two, at offices of Sols. Hull, Stone, and Fletcher,
THE TEMPLE Livery ool
BANKRUPTS' ESTATES. COOPER, JOAN, contractor, Dipton. Pet. Jan. 28. Feb. 12, at two, at offices of Sols. Hoyle, Shipley, and Hoyle, Newcastle
The Official Assignoes, &c., are given, to whom apply for the Cox, CHARLES, leather dealer, Kettering. Pet. Feb. 2. Feb. 17,
Dividends. at twelve, at offices of Sols. Beale, Marigold, and Beale, Birming
Bulkeley, T. fifth, 24d. Paget, Basinghall-st.-Crauford, R. E. F. ham CROMPTON, NATHAN, out of business, Prestwich. Pet. Jan. 30.
captain, first, 6s. 3 d. Paget, Basinghall-st.-Higginson, F. retired
commander R.N. third, 58. líd, and 14s. 2d. to new proofs. Paget, Feb. 13, at three, at offices of Sols. Slater and Poole, Manchester
At DANIEL, WILLIAM, shopkeeper, Llancynfelin.
Basinghall-st.-Young, G. commission merchant, third, id.
Pet. Jan. 21. Feb. 11, at two, at Office of Sol. Jones, Aberystwith
office of registrars in bankruptcy, 20, South John-st, Liverpool.
Budden, I. R., baker, first, 4s. id. At Sol. S. Hobbs, jun., Wells. DAVEY, FREDERICK THOMAS, bricklayer, Wellington, Black. friars. Pet. Jan. 31. Feb. 16, at ten, at office of Sol. Goatly,
--Glover, J. victualler, 28. 4gd. At Argyle-chibs, 34, Colmore-row,
Birmingham. At Trust. L. J. Sharp.-Grey, W.J. W. victualler, Westminster-bdge-rd
second and final, 3d. At Trust. H. Bolland, 10, South John-st, DAY, JOSEPH JAMES, plumber, Leighton-rd, Kentish-town. Pet.
Liverpool.-Hicks, S. salesman, second and final, 1s. 6gd. At Sols. Jan. 22. Feb. 19, at two, at office of Sol. Preston, King Edward. W. Smith, Weston-super-Mare.--O'Gorman, J. H. general draper, st, Newgate-st
second, ls. At Trust. H. Bolland, 10, South John-st, Liverpool. DICKINSON, PETER, cab proprietor, Kingston-upon-Hull. Pet.
Plexos, G. innkeeper, first and final, ls. id. At Sol. c. Waistell, Jan. 28. Feb. 16, at one, at office of Sol. Hind, Hull
Northallerton.-Rouse, G. H. clerk, second, 48. 4d. At office of P. EDGERLEY, THOMAS, farmer, Carden, near Handley. Pet. Jan.
Paget, Bankruptoy-ct, Basinghall-st.-Speirs, J. bookseller, 2s. 10d. 31. Feb. 16, at twelve at office of Sol, Nordon, Chester
At 84, Cheapside. Trust, E. Saxton.- Von Bolton, Carl cigar mer.
chant, first, wd. At office of P. Paget, Bankruptcy-ct, Basinghall
st.-Webster, R. G. innkeeper, final, ss. 1d. At Trust. T. Swaine, Harrogate
Central-ch mbs, Barnsley.-Young, W. miller, first and final, Is. 5 d. ELMES, THOMAS, builder, New Windsor. Pet. Jan. 30. Feb. 23,
At Trust. G. Jay, 8, Bank-st, Lincoln. at three, at office of Sol. Durant, Windsor FIELD, JOHN, out of business, Oldbury. Pet. Jan, 28. Feb. 18,
at eleven, at office of Sol. Shakespeare, Oldbury
Orders of Discharge.
Gazette, Jan. 27.
| TRADE MARK.1
Gazette, Jan. 30.
leather dealers. Pet. Jan. 29. Feb. 14, at eleven, at office of ting-hill, and Maddox-, -st
Best Wine Establishment in Jan. 20. Feb. 17, at twelve, at office of Sol. Willcock, Wolver
the World, hampton HUXLEY, WILLIAM, oilman, Lavender-rd, Battersea. Pet. Jan.
THE MOST NOTED VINTAGES, 80. Feb. 14, at two, at office of Sol. Day, Bloomsbury-sq. Sol.
GARROLD:-On the 2nd inst., at 17, Windemarsh-st, Hereford, the Tonge, Great Portland-st wife of T. W. Garrold, Esq., solicitor, of a son.
BY THE GLASS,
BY THE BOTTLE, IND, FREDERICK, dealer, West Yatton, near Chippenham. Pet. HARDCASTLE.-On the 2nd inst., at 4, Chesham-st, the wife of
BY THE GALLON, BY THE DOZEN, Jan. 30. Feb. 23, at twelve, at office of Sol. Potter, Cheltenham
barrister-at-law, of a son. IRVING, JOHN, general merchant, Dunster House, Mincing-lane. ROYDS. - On the 25th ult., at Brownhill, Rochdale, the wife of
AND BY THE CASE,
Edmund A. N. Royds, Esq., barrister-at-law, of a daughter.
AT WHOLESALE PRICES; Jan, 30. Feb. 18, at two, at office of Sol. Hand, Macclesfield
Tavistock-square, the wife of Edward George Tattershall, of 9, JACKSON, EDWIN, draper, Osset, near Dewsbury. Pet. Jan. 28.
Great James-street, Bedford-row, solicitor, of a daughter. Or Packed in Hampers for Races and Picnics Feb. 12, at three, at offices of Sol. Ibberson, Dewsbury LAWLEY, HON. FRANCIS CHARLES, contributor to the public
DEATHS. Press, Westminster. Pet. Feb. 2. March 2, at two, at offices of
ENGLAND.-On the 30th ult., at Sleaford, aged 49, Charles Eng-
Is now complete and in full operation. borough Q.C., Bencher of the Middle Temple, Esq.
CHOPS, STEAKS, &c., &c., ONE SHILLING. LISHMAN, JAMES, and LISHMAN, JOHN, builders, Ryton. Pet. RAINES.-On the 28th ult., at Wyton Hall, near Hull, William Jan. 28 Feb. 16, at three, at offices of Sol. Elsdon, Newcastle
Raines, Esq., Judge of County Courts, D.L. of the East Riding upon Tyne
and J.P. for the East and North Ridings, Yorkshire, and the LOFTHOUSE, JOEL, bookseller, Leeds. Pet. Jan. 30. Feb. 19, at parts of Holland, Lincolnshire.
22, FLEET-STREET, LONDON eleven, at offices of Sols. Routh and Co., Leeds. Sols. Dibb,
PARTRIDGE AND COOPER
HIGH CLASS BOOTS. MATTHEWS, SUSAN HARRIS, dealer in sewing machines, Sloanest, Chelsea. Pet. Jan. 30. Feb. 16, at three, at office of Sol. Walls, 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E.C.
13, at three, at the Spread Eagle inn. Rochdale. Sol. White
DRAFT PAPER, 58., 6s. 6d., 78. 6d., 78. 9d., and 9s. 9d. per
FOOLSCAP PAPER, 10s. 6d., 128. 6d., and 158. 6d. per ream,
CBEAN LAID NOTE, 88., 45., and 5s. per ream.
LARGE CREAM LAID NOTE, 48.6d., 6s. 6d., and 8s. per ream.
LARGE BLUE NOTE, 3s. Ed., 4s. 6d., and 6s. 6d. per ream.
THE "TEMPLE" ENVELOPE, extra secure, 9s. 6d. per 1000,
9s. 60. per ream,
“We should direct particular attention to their New Club ONIONS, GEORGE DUNN, butcher, West Bromwich. Pet, Jan, 28. house Paper: in our opinion it is the very best paper we ever
Feb. 16, at eleven, at office of Sol. Topham, West Bromwich wrote upon."-London Mirror.
Fig. 2. Feb. 19, at half-past two, at offices of Sols. Nuttall and Son, INDEXTURE SKINS, Printed and Machine-ruled, to hold twenty Manchester
The normal condition of or thirty folios, 23. Sd. per skin, 268. per dozen, 125s.
The perfect form of Shoes. RICHARDS, ALFRED OAKES, electro plate manufacturer, Birroll,
a, b, c, d, Elasticated Leather. mingham. Pet. Jan. 31. Feb. 19, at eleven, at offices of Bol. Hodgson, Birmingham RICHARDS, WILLIAM, builder, Great College-st, Camden-town. 105s. per roll. Pet. Jan. 30. Feb. 16, at eleven, at office of Sol. Rice, Westbourne
RECORDS or MEMORIALS, 7d. each, 6s. 6d. per dozen. ter, Hyde-pk RICHES, JAMES, builder, Great Yarmouth. Pet. Jan. 28. Feb. 25, at twelve, at office of Sol, Coaks, Norwich
LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER Or MINUTE-BOOKS RITSON, RICHARD, upholsterer, Carlisle. Pet. Jan. 23. Feb. 16,
An immense stock in various bindings. at two, at office of Sol. Wright, Carlisle
ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales ROTHERHAM, CHRISTOPER THOMAS, and ROTHERHAM, HER- Copying Presses, Writing Cases, Despatch Boxes, Oak and
ESTABLISHED 1824, BERT, sickle manufacturers, Unston. Pet. Jan. 26. Feb. 13, at Walnut Stationery Cabinets, and other useful articles three, at office of Sol. Gee, Sheffield adapted to Library or Office, post free.
BOOK OF TESTIMONIALS POST FREE GRATIS.
SUTTORI SARA Hospinster, general agent, Kentish Town-rd, Not- | GREAT CENTRAL WINE CELLARS,
22, FLEET-STREET, LONDON
Seconds or FOLLOwens, Ruled, 1s. 11d. each, 228. per dozen, DOWIE AND MARSHALL,
455, WEST STRAND, LONDON, (Nearly opposite Northumberland House),"
To Readers and Correspondents.
BARON AMPHLETT has resigned the office of President of the Legal Education Association. A sub-committee, including some eminent members of the Profession, has been appointed to consider and report upon the draft of a Bill having for its object the incorporation of a General School of Law.
C. R. GIBSON.-We extracted the intelligence from the Surrey Standard.
not necessarily for publication, but as a guarantee of good faith.
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We report from the Bath County Court a novel point under liquidation proceedings. A receiver of a debtor's estate having been appointed when a sheriff was in possession by virtue of a judgment obtained and execution issued by a creditor, an interim injunction was granted. The receiver claiming to be entitled to possession required the sheriff to withdraw; the sheriff did not withdraw, and the application made to the Judge of the Bath County, Court was to commit him for contempt.
It was contended on behalf of the sheriff that he was bound to remain in possession until he received instructions from the execution creditor to withdraw. It was asked, if the proceedings fell through what would be his position ? Would he not be liable to the execution creditor for any action which he might bring. The Judge found that a contempt had been committed, but as the breach of the injunction was not substantial, and the sheriff was not personally a party to it, simply ordered bim to pay his own costs.
NOTICE. The LAW TIMES goes to press 01 Thursday evening, that it muy be received in the remotest
parts of the country on Saturday morning. Communications and Advertisements must bo transmitted accordingly. None can appear that do not reach the office by Thursday
afternoon's post. All communications intended for the Editor of the Solicitors' Department should be so
CON T E N TS.
JERVEY + STYRING AND AXOTHER
Ejectment-Parcel or no parcel--Parol
paid into court to abide, fc.--Petition
COURT OF ADMIRALTY.
Salvage -- Derelict-Abandonment by
THREE decisions of importance with reference to costs, have been given within the last few days. In one case it was held that plaintiffs resident in Scotland and Ireland cannot be compelled to give security for costs, the 31 & 32 Vict. c. 54, having provided a process of enforcing an English judgment in those countries. This was the case of Raeburn v. Andrews, in the Queen's Bench on the 29t
ult. In the same court on the 30th ult. in Ayres v. Lovelock it was decided that the undersheriff is not a Judge with power to certify for costs under the County Courts Act 1867. Consequently, where on a writ of inquiry in an action of slander less than £10 was recovered, and the undersheriff certified for costs, the master was held right in refusing to tax. The third case to which we refer is Brown v. Rye, before the Master of the Rolls on the 31st ult. That was a foreclosure suit, the mortgage being to secure £50, and £5 per cent interest. It was contended by the defendant that the plaintiff was entitled only to such costs as he would have obtained in the County Court. Sir GEORGE JESSEL said that the Legislature had created a concurrent jurisdiction in the County Courts, but had placed no restriction on the jurisdiction of this Court similar to that which it had placed on the jurisdiction of the courts of law, and held that the plaintiff was entitled to his ordinary costs.
LEADING ARTICLES, &c.
ROLLS COURT. GAEL , FENWICK
Wil - Devise of mortgaged estate
Direction to pay debts out of a par. ticular fund-Contrary intention 822
V.C. MALINS' COURT.
Act 1845, s. 9-Fund in court ............. 824
pany appearing and consenting ......... 828
parte injunction before decree THOMSON , FLIXXCounty Courts Acts, 28 & 29 Vict., c. 9,
6. 9, 30 & 31 Vict. c. 142, s. 14-Juris. diction
8:20 Re HORN'S SETTLED ESTATESPractice--Settlement-Leases and Sales of Settled Estates Act, 8. I........ 830
COURT OF QUEEN'S BENCH. REG. t. OASTLER
Removal of indictment into Queen's Bench by certiorari-Costs of prosecu. tion-Whether necessary that prome
cutor should be a "party grieved "... 830 COSDLIFFE v. COXDLIFFECompromise of action for causing death by negligence-Action for not apportioning dinages
831 HARDING (app) v. HEADINGTON (resp.)-Toll gate Person driving over his own
land round the gate Evasion of liability
833 PRINCE Y. EVANSTrespass to land-Notice to quit part of
demised premises --- Recognition of notice- Assignment of part of reversion
835 MAUND (app.) t. MASON (resp.)
Poor- Persons liable to support rela
tions - Children - Grandfather and grandchild .....
837 MULLINS app.) 1. COLLINS (resp.)
Licensing Act (35 & 36 Vict. c. 74) 8. 16-
appeal subject to a case--Refusal to
810 REG. WARD OF CHEAPRight to vote at ward elections--Change
of premises-Twelve months'occupation--30 Vict. c. I..........
842 COURT OF EXCHEQUER. MorL . MOLL
Covenant by two parties, to be per.
Une by permitted trespass-Whether
mitted tre passere EVERETT v. WILKINS Infant-Recovery of money paid under
partnership Agreement-Rescission of agreement before majority....
TO READERS AND CORRESPONDENTS .......
263 LEADIXG ARTICLES
Topics of the Week
205 The Coming Election Petitions
900 SOLICITORS' JOURNAL Topics of the Week
268 Rules of Practice and Procedure to be
Framed under the Judicature Act 1873 269 Correspondence
270 Creditors under Estates in Chancery 270 Creditors under 22 & 23 Vict. c. 35
270 Reports of Sales
270 ELECTION LAW Notes of New Decisions
271 The Working of the Ballot..
271 MAGISTRATES' LAWNotes of New Decisions
272 The Licensing Act 1872
272 Discretionary Power of Fixing Punishment of Criminal Cases
273 REAL PROPERTY AND CONVEYANCINGNotes of New Decisions ..........
273 MERCANTILE LAWNotes of New Decisions
273 MARITIME LAWNotes of New Decisions
273 ECCLESIASTICAL LAW Notes of New Decisions
274 COUNTY COURTSClerkenwell County Court
274 BANKRUPTCY LAWLondon Court of Bankruptcy
274 Bath County Court....
274 Manchester County Court
275 CORRESPONDENCE OF THE PROFESSIOX... 275 LEGAL NEWS.....
277 Birminghan Law Students' Society....... 278 Articled Clerks' Society ....
278 Huddersfield Law Students' Debating Society
270 Legal Education Society........... Statistical Society
279 LEGAL OBITUARY
279 PROMOTIONS AND APPOINTMENTS............ 279 THE COURTS AND COURT PAPERS............ 279 THE GAZETTES
279 BIRTHS, MARRIAGEN, AND DEATHS 290
THE career of few law officers has been so eventful as that of Sir HENRY JAMES. Lifted by his own ability and the favouring gales of fortune from the ranks of Nisi Prius advocates to a prominent position in Parliament-after obtaining a seat on a scrutiny-he passed rapidly from the subordinate law officership to the high position of official leader of the English Bar, as Attorney-General. Opposed on his re-election, he was successful only to find his seat threatened by a petition, the trial of which lasted a fortnight, to terminate in another success for Sir HENRY JAMES. Securely seated once more, the Government of which he is a member dis. solves Parliament. Again he is threatened with opposition, but ultimately walks over, only to find that by the verdict of the country his party is condemned to the cold shade of opposition. To have been Solicitor General and Attorney-General and yet never to have faced Parliament in either capacity is a hard fate, and every member of the Profession must sympathise with the ATTORNEY-GENERAL in this misfortune. It must also be matter for regret that Sir WILLIAM HARCOURT will no opportunity at present of showing his capacity as a law officer. The extraordinary majority obtained by the Conservative party promises a long tenure of office, and it is impossible to make even a guess as to the period when Sir HENRY JAMES and Sir W. HARCOURT will again assume the offices which they must soon surrender to others.
The Law and the Lawyers.
Ruvotes will be rife for some time to come as to the probable holders of the legal appointments which will fall to the new Con. servative Government. It has been thought that the delicacy of Lord Cairns' health will deter him from again accepting the Chancellorship, and Lord Chief Justice COCKBURN is generally spoken of as the successor of Lord SELBORNE. As regards the office of Attorney-General in that event-Sir John KARSLAKE becoming, as a matter of course, Lord Chief Justice-Sir RICHARD BAGGALLAY would have the best claim, and either Mr. HOLKER, Q.C., or Mr. FORSYTHI
, Q.C., will, we imagine, be Solicitor-General. VOL. LVI.-No. 1611.
The representation of the Profession in the House of Commons has been changed by the results of the general election. We mentioned last week that Mr. Hinde Palmer, Q.C., had lost his seat. He has been followed by Mr. Henry Matthews, Q.C., Mr. West, Q.C., and Mr. Douglas Straight. Mr. Palmer and Mr. Matthews will prove a decided loss, and perhaps Mr. Matthews could least be spared. He is a cultivated lawyer and a keen debater, and he certainly made his mark in the House. Several other lawyers failed to obtain seats--the two leaders of the Admiralty Court, Mr. Millward, Q.C. and Mr. Butt, Q.C., Mr. Swanston, Q.C. and Mr. Cohen, Q.C., and Mr. Morgan Howard and Mr. Biron. On the other hand Mr. Bulwer, Q.C., has supplanted Mr. West, Q.C., at Ipswich ; Mr. Morgan Lloyd, Q.C., has obtained a seat at Beaumaris; Mr. Huddleston, Q.C., at Norwich; Mr. H. T. Cole, Q.C., at Penryn; Mr. Forsyth, Q.C., at Maryle. bone; Mr. C. Hopwood, Q.C., at Stockport; Hon. E. Stanhope at Mid Lincolnshire; Mr. Waddy, Q.C., at Barnstaple; Mr. Serjeant
Spinks at Oldham, Mr. A. G. Marten, Q.C., at Cambridge ; and Mr. W. Grantham ejected Mr. Locke King in East Surrey. Literary barristers have lost a representative in Mr. T. Hughes, but Mr. Jenkins, the author of “Ginx's Baby,” has been elected. The Conservative member for Chelsea, Mr. Gordon, is a solicitor in large practice in the City of London. We have to record a loss of five barristers, but a gain of twelve. Of these twelve, seven are on the winning side in politics. Mr. Huddleston has been in Parliament before; the others are new men, the most promising for political purposes being, we believe, the new member for Cambridge, Mr. A. G. Marten.
lative arrangements beforehand, he is limited to four days for preparing to poll possibly between 20,000 and 30,000 voters. Mr. Ratcliff, the returning officer of the Tower Hamlets, points out that this is utterly inadequate. He says, in a letter to the Times, “ The metropolitan returning officers have from the passing of the Act' been fully alive to the important and multifarious duties cast upon them, and to the intricate details to be observed if the provisions of the Act are carefully and fully carried out. They have held several meetings thereon, and the question of the limited time allowed between the day of nomination ard the day for polling has always been a great source of discomfort, as they knew it amounted almost to an impossibility to make preparation, but they felt it would be useless to attempt to procure an amendment in the law until it could be proved to demonstration that a distinction should be made between boroughs having a small number of electors on the register and those having a large number.” Opinion being thus unamimous it is to be hoped that before another election the Act will be amended, as a failure of the machinery of polling must be intensely unsatisfactory to everyone concerned.
In the lengthy complicated case of Jolliffe v. Wallasey Local Board (29 L. T. Rep. N. S. 582), the Court of Common Pleas has done that which we could wish to see a little more often done by our courts. It pronounced an elaborate judgment upon a point where no judgment was necessary for the decision of the case. We therefore regret all the more that we are not able to agree with that judgment. The point was that an Act of Parliament had authorised the construction of a pier and landing stage upon the bed of the river Mersey, and upon “ the lands delineated in certain plans.". Previously to commencing the works, the defendants were to send in plans to the Admiralty. The plans sent in to the Admiralty showed a much larger space occupied by the works proposed than did the plans deposited mentioned in the Act. However, the Admiralty approved them, and the court has held that this approval of the Admiralty “drew with it,” in the words of KEATING, J., “the sanction of the Legislature.” We cannot but ihink that the approral of the Admiralty was ultra vires, and that such approval of the second series of plans was intended to be used as a check, to limit the operations of the defendants if necessary, but in no case to extend them. The first series of plans deposited with the Bill, would no doubt be somewhat rough, and in order to provide for this natural defect, limits of deviation "as regards the pier and landing-stage not exceeding 5ft.," were expressly prescribed by the Act. We may notice that an incorrect reading of an Act of Parliament by a public office has lately been set right by the Court of Queen's Bench in the case of R. v. Overseers of Haslingfield, in which the court confirmed the disallowance of certain fees to justices' clerks which the Home Office, presuming them to be legally due, had sanctioned under Jervis's Act, s. 30, so long back as 1854.
A PAPER particularly interesting at the present time was read by Mr. RUPERT KETTLE, before the Law Amendment Society on the 26th ult., on the Law of Conspiracy. He makes some broad propositions-First, that in all cases where the interests of the public are directly affected by the wrong done it is a crime, and the agreement to do the wrong is therefore a spiracy; secondly, that withholding labour merely for the purpose of increasing its market value by producing an artificial scarcity, is not withholding it upon a criminal motive; but, that if it is withheld in order to stop public communication, or the public supply of water, or of light, so that wages may be raised, as the only means of averting a great public mischief, then the intent would be criminal. Speaking of trades unions Mr. KETTLE makes a remark which is frequently forgotten, namely“ Although modern trades unions are, according to the prepon. derance of legal authority, no longer criminal combinations, they are still illegal-that is outside the pale of the law. Their rules do not form a binding contract; nor can these societies enter into contracts capable of legal enforcement. Trades union funds are protected from fraud, and certain privileges are conferred upon them by a recent statute ; but this only alters the legal status of a trades union to the limit of the enactment, and does not further or otherwise bring these combinations within the legal pale." A third conclusion which Mr. KETTLE draws is that, as it is beyond dispute that agreeing to commit a crime is itself, substantively, the crime of conspiracy, it follows that if any person, although not a servant, agrees with, or counsels a servant to do any act punishable as a crime under the Master and Servant Act, he who so agrees or counsels is guilty of conspiracy. And his practical suggestions for consideration are (1) Whether it is not better, having regard to the position and permanent interest of master and servant, to declare, or, if necessary, repeal so much of our ancient common law as relates to acts in restraint of trade, and to repeal the penal provisions of the Master and Servant Act, instead of incurring the danger of disturbing our criminal polity by attempting to alter the fundamental principles of the law against conspiracy; and (2) whether, as a matter of administration, it is not just that all defendants indicted for conspiracy should have of right all the advantages they can already obtain by removing indictments into the Superior Courts.
The office of returning officer at parliamentary elections is generally filled by a solicitor. The post is one of great responsibility, as is abundantly shown by many of the provisions in the Ballot Act of 1872, affecting these officers, and we are therefore glad to be able to state that, with one exception, the arrangements made in the metropolis last week were most complete. The one exception was Hackney, where there was a collapse, several polling stations not being opened until considerably after the appointed hour. The excuse is that there was not sufficient time between the nomination and the polling for the necessary arrangements to be made. The returning officer made every possible effort to repair the mischief when it was discovered. At Chelsea there seemed to be somo likelihood of a petition on the score of irregularity, a presiding officer having, it was alleged, gone out of his way to destroy the secrecy of the ballot, by writing the registered number of the voters on the backs of the ballot papers; but this suggestion has not been substantiated. It may be invidious to name the returning officers who appear to have carried out the Ballot Act most efficiently, but Mr. Carr in Finsbury, Mr. Farrer in Westminster, Mr. GRESHAM in Southwark, and Mr. Ratcliff in the Tower Hamlets were exceptionally successful, and conducted the polling with marked ability and care. When, however, the onerous nature of the work at short notice in a metropolitan constituency is considered, we think a partial failure in one instance should be leniently regarded. Presiding officers ought undoubtedly to be lawyers, and considering how many there are of both branches ready and willing to undertake the work, returning officers have no excuse if they appoint other persons less efficient. There can be no doubt that the polling was most satisfactorily conducted at those stations which were presided over by barristers or solicitors.
It is perfectly plain that if the Ballot is to be properly worked adequate time must be given to the returning officers in large constituencies to make their arrangements. At present the time is regulated thus : In the case of an election for a borough the election must be fixed by the returning officer not later than the fourth day after the day on which he receives the writ, with an interval of not less than two clear days between the day on which he gives notice and the day of nomination. So that taking the receipt of the writ on the 1st February, the last possible day for notice would be the 2nd; the 5th would be the last possible day for nomination, and the 9th would be the last possible day for the poll in ordinary boroughs. Where it is not known as in Hackney), until the day of nomication, whether there will be a contest, and the returning officer makes no specu
GIFTS TO ILLEGITIMATE OR REPUTED CHILDREN.
Re GOODWIN'S TRUSTS. FOLLOWING close upon the decision of the full Court of Appeal in Occleston v. Fullalove (29 L. T. Rep. N. S. 785), we have that of Sir George Jessel, M. R., in Re Goodwin's Trusts (L. Rep Weekly Notes, 7th inst.). The latter case is of importance, as defining the precise principle on which, in Occleston v. Fullalove, the Lords Justices overruled the decision of the late ViceChancellor Wickens and the opinion of Lord Selborne. The facts of the latter case were these : One Mary Goodwin, by will made in July 1850, bequeathed her residuary personal estate upon trust for Richard Perkins for life, and after his decease upon trust to pay and divide the trust fund unto and between all and every her children by the said Richard Perkins, share and share alike, to be vested interests in sons at twenty-one, and in daughters at that age or marriage. Mary Goodwin was the sister of a deceased wife of Richard Perkins, and had in the year 1849 gone through the ceremony of marriage with him. Mary Goodwin died in May 1860, leaving four children, John Goodwin Perkins, born on the 15th June 1850, two sons who died in infancy, and William Henry Perkins, born in March 1860. The birtú of William Henry Perkins was registered by Richard Perkins in April 1860, and the child was described as the son of Richard Perkins and Mary Perkins, late Goodwin. Part of Mary Goodwin's estate having been paid into court, a petition was presented by John Goodwin Perkins, praying that the fund might be paid out on the joint receipt himself and Richard Perkins." The Master of the Rolls, however, held that the principle of Occleston v. Fullalore should blame them for the timid, narrow, and piecemeal manner" in which they have legislated, and for legislating under cover of vague and indeterminate phrases."
was that a gift by a testator or testatrix to one of his or her children by a particular person was good if the child had acquired the reputation of being such before the death of the testator or testatrix : and that, therefore, the petitioner was only entitled to payment of half the fund.
It will be noticed that Re Goodwin's Trusts was uncomplicated by two circumstances which, it was possible to argue, affected the decision in Occleston v. Fullalove. In Occleston v. Fullalove the person in whose favour the decision was made was an existent person, through en ventre at the date of the will, and the form of the gift was not merely to the children which the testator might have by his deceased wife's sister, but to those which he might be reputed to havc. Sir George Jessel is, however, a Judge who may be relied op not to take hair splitting distinctions when there is no substantial difference, and we are pleased to see that whatever may have been his opinion as to the intrinsic soundness of the principle in Occleston v. Fullalove, he has loyally carried it out in its integrity, as the rule laid down by superior authority. With regard to the principal case we observe that a contemporary has expressed an opinion that the Judges of Appeal expended an amount of eloquence which would have done credit to any pulpit, or to any writer on the ethics of the sexes, but which with much respect” our contemporary thinks "was altogether out of place in a court of justice.” The writer, while admitting that the subject probably could not have been avoided, proceeds to "find fault with the whole course of judicial decisions which have compelled judges to go into these matters at all," and to tell us " that an interesting book might be written on the dogmas--political, social, moral, commercial, even religious, which have at various periods of legal history been pronounced, doubted, and abandoned by the Bench," and that "infallibility in ethics and questions of public policy is not, and never can be, one of the attributes of courts of justice.” We concede to our contemporary all that he could urge
to the fluctuating and uncertain character attaching to the determination of questions which involve considerations of ethics or public policy, and we concede also that in cases where the law or its application to any given state of facts is settled by authority, any reference to the remote causes in the region of ethics through which the law may have originated, or any disquisition on the reasons by which the continuance or maintenance of the law may be defended in a court of morals, would be entirely out of place in a court of law. We affirm, however, at the same time that the period has not arrived, and never will, when considerations of ethics and public policy can be eliminated from among the factors in judicial decisions.
No code or system of positive law can provide for the new developments and infinitely varied combinations of human affairs in such a way as to exclude the necessity for the exercise of the moral faculties of the living interpreters of the law; and as to the “infallibility” which our contemporary speaks of, we all know that it is not to be looked for either in courts of justice or under any condition of human affairs. We deprecate as much as anyone can the substitution of any ratio decidendi proceeding on the basis of the judicial conscience for the settled rules of law, and are firmly convinced that the certainty and uniformity enforced by an adhesion to authority are of far more importance in judicial decisions than their intrinsic reasonableness. It must, however, be perfectly obvious that numberless cases occur in which the law is unsettled, and where the only possible standard is the conscience of the judge. That standard, idiosyncratic though it be, and therefore necessarily fluctuating and uncertain, it seems to us as idle to complain of, as it would be to complain that all men are not endowed alike by nature, or that they do not, through education or circumstances, attain precisely the same level. In regard to morals or public policy, no code can do more than prescribe very general rules--the application of those rules must be left to the intelligence and moral sense of the tribunal. Take for example the great Bridgwater case (Egerton v. Lord Brownlow, 21 L. T. Rep. 0. S. 306), and we ask could any code be expected to anticipate the limitations and conditions contained in the Earl of Bridgwater's will, by laying down rules which would have obviated the long discussions and conflicting opinions in that case as to whether the conditions there in dispute did or did not contravene public policy ? The objection of our contemporary is in substance that of Bentham to judgemade law. We incline rather to agree with the late Mr. Austin when he says (1 Jurisprudence, 224) : “I by no means disapprove of what Mr. Bentham has chosen to call by the disrespectful, and therefore, as I consider, injudicious, name of judge-made law. For I consider it injudicious to call by any name indicative of disrespect what appears to me highly beneficial and even absolutely necessary. I cannot understand how any person who has considered the subject can suppose that society could possibly have gone on, if judges had not legislated, or that there is any danger whatever in allowing them that power which they have in fact exercised, to make up for the negligence or incapacity of the avowed legislator. That part of the law of every country which was made by Judges has been far better made than that part which consists of statutes enacted by the Legislature. Notwithstanding my great admiration Mr. Bentham, I cannot but think that instead of blaming Judges for having legislated, we
THE WORKING OF THE BALLOT.
letters have been written to the newspapers upon the mode adopted by returning officers in taking the ballot during the recent elections, and there appear to be some points upon which doubt exists. To remove those doubts is a matter of considerable importance.
Before we notice the practical matters which are regulated by the Ballot Act, we must make a preliminary observation upon the part which is played by the public in this new process of voting, and we must say, judging from actual experience at the polling booth, that it is extraordinary how stupid the most “highly educated” classes of the population seem to be in carrying out a plan of voting which in itself is so admirably simple and so much less troublesome than the old system of open voting. In two cases brought to our attention clergymen of the Church of England actually signed their names to the ballot paper. Many other wellto-do and aristocratic personages tendered their open papers to the presiding officer and wanted to know what they were to do next; whilst others loudly demanded papers for the purpose of voting for particular candidates. In the majority of cases, where great simplicity was manifested, there was evident amusement at the easy and completely secret mode of recording a vote, whilst many persons appeared to regret that there was not more to be done or said, and some shouting to be gone through. On this head it is our opinion that presiding officers are apt to be too reticient. There can be no possible harm in giving oral information to puzzled electors, and it is surely better to run a little risk than allow votes to be thrown away for want of a timely suggestion. Our experience is that an attentive officer can facilitate the voting considerably and save many a ballot paper from being rejected if he has the courage and tact to deal with all alike, and that the agents of the candidates are officials of whom there is not the slightest reason to be afraid.
Now as regards the actual working of the ballot. There ought to be no necessity for instructions such as has been suggested by correspondents of the newspapers on the opening and closing of the polls. Ballot papers should be obtainable at eight o'clock; no ballot papers should be issued after four. A person signing himself “ Lex” inquires whether all voters in the room at the hour of closing are entitled to vote. This is an absurd suggestion. By stopping the issue of ballot papers at the hour of closing the ballot is closed—those papers which are already issued should of course be marked and put in the ballot box. We agree indeed that it may seem hard that the voters are excluded because all persons in the room cannot obtain a paper instantly; but the conditions of polling are known, and those who choose to delay until the clock is about to strike the last hour, must be aware that they imperil their vote, and the construction of the Act is not to be strained to meet such cases. “ Lex” says that he has asked “ half-a-dozen presiding officers” the question, “What is to be considered the closing of the poll ?” and none could answer him.. He must have been extremely unfortunate in his acquaintance. Any officer who had thought at all about the subject-and no one should have undertaken the duty without thinking over every detail -would have had the obvious answer ready; and every returning officer up to his work would have issued the necessary instructions to his deputies, so as to secure uniformity of practice.
A more important question is, What is an irregularity in the mode of filling up the ballot papers sufficient to entitle the returning officer to reject the votes. The cardinal rule established by the Act, as pointed out by a gentleman writing from Lincoln's Inn is, that where the returning officer has no reasonable doubt for whom the votes are intended, and there is nothing on the paper to identify the voter, he is bound to allow the paper as good. It is perfectly clear that if the voter signs his name, or put his number on the register on his paper, or votes for more candidates than there are vacancies, or makes his mark across a dividing line, the paper is absolutely bad. But if he puts his mark anywhere opposite to a name, or by any symbol unmistakeably indicating for whom he intends to vote, the paper must be accepted..
These are matters of detail which should be agreed upon or definitely settled by authority. A more important matter, in our opinion, is the condition of the registers. Our experience is that the registers by which the balloting is checked are too frequently grossly defective. Several correspondents have declared in the newspapers that being on the register twice for properties or premises situated in different parts of the same borough they might have voted for the same candidates twice at different polling stations. Too much care cannot be given to this matterand all that is wanted is care on the part of those entrusted with the revision of the register. Some persons having property sufficient to give several votes are apt to entertain the idea that they may vote more than once, and many electors would do so in ignorance and without any intention to violate the law. Double
however, would be a serious evil and the greatest vigilance should be exercised to render it impossible.