: or a she could obtain relief, or the husband be brought Selby; Lindsay W. Winterbotham, of Strond; grew from generation to generation, and even from before the magistrate, and said the poorer orders S. Alcock, jun., of Sunderland ; H. Addenbroke day to day. For instance, the laws of the present required further legislation in a manner, to a ser- and T. S. Eddowes, of Sutton Coldfield ; T. day had grown considerably since the times of the tain extent, pointed out by Mr. Mathews. As Southall, W. P. Hughes, and T. G. Hyde, of Wor. Romans; and the great question of to-day respectregarded the richer classes, it was now the almost cester ; T. Marlow and Lauris Winterbotham, of ing international law, was consequent on the universal practice to insert a clause in the mar- Walsall; J. Lewis, of Wrexham; and J. Holtby, growth of law, great divergences of opinion existriage settlement providing that any property of York. ing upon this point, some persons holding that afterwards acquired by the wife should be settled there was no such thing as international law; all upon her, and he thought it a very wholesome UNIVERSITY COLLEGE. these questions came within the province of the provision. On Thursday evening, the 23rd pltimo, Pro lecturer to elucidate for the benefit of his classes. Mr. Mathews, replying upon the discussion, fessor Sheldon Amos, M.A., delivered a lecture at Law, in its very materials, form, and conception, said that although magistrates were empowered the University College, Gower-street, on "The grew; it grew with all the changing incidents of to grant protection orders, securing to a wife her Value of Lectures in the Study of the Law,” to a society, and every new form of relation and comearniogs, those orders could only be granted in large audience. merce gave an impetus to it. It was, therefore, the case of desertion, and it was found almost In the course of his remarks, the Professor obvious that no books could keep pace with it, impossible to get a wifo to go into a police court said that about forty years ago saw the founda- but it afforded to the lecturer an opportunity to and make the grievances between herself and her tion of University College, the chief object of display his usefulness by endeavouring to do what husband known to the public. A case in point which was to encourage the faculties of law and books were unable to do, and to keep his eye was furnished in Birmingham. A servant of his medicine. Among those who had occupied the steadfast on the changes going on around him, to own married unhappily, and after she had borne presidential chairs at this institution were the lato watch every moral change in society, and to say her husband three children he deserted her, and Mr. Austin, as well as the lecturer's father, and whether any real change was being introduced was now living with another woman. He was many other eminent men. The college had since into the land. The lecturer then proceeded to earning £3 or £4 per week, but no provision that time been distinguished in medicine, whereas speak of the advantages of both sexes studying could be got for the wife unless she went to the the legal faculty had unfortunately fallen off to together, and also of the categorical system of parish. The result was he (the speaker) and some extent; but, throughout the whole time he study - as tending to bring together a much some of his friends had to support her and her was of opinion that the college was not at fault, greater divergence of opinion, and consequently children. for it had always endeavoured, as far as possible, an extended knowledge was obtained. THE JUDICATURE ACT. to encourage the scientific study of the law, and Mr. E. F. Burton (London) read a paper on this had always held out its arms to young men, not Act, examining the measuro in detail, and point. exclusively to barristers, but to all young men, to ARTICLED CLERKS' SOCIETY. ing out the several ways in which it would affect come and share in its teaching. A MEETING of this society was held at 1, Milfordsolicitors in their everyday practice. It was a In speaking of the condition of law at the pre- lane, Strand, W.C., on Wednesday, Nov. 5, Mr. F. great experiment. Whether it would turn out, for sent day, he said that the present time was a J. Baker in the chair. Mr. T. B. Girling opened the next twenty years, until a new race of critical moment in the history of legal education. Part III. of the “ Judicature Bill” for discussion. men shall be at the bar or at the bench, a We were now contemplating a very great change Mr. Wingfield opened the subject for the evening's blessing a curse, would, in his belief, in the whole judicial institutions of this country. debate, viz. : “ That the relationship existing bedepend upon the temper in which the com- There were two great works to be done-the re. tween this country and her Colonies should be re. mon law judges interpreted and adopted it. If construction of the form of the law, and the ensur. organised on the basis of a Federation.” The adopted by the common law judges (for it was ing of a complete and efficient legal education, to motion was lost by a majority of one. in the common law division that the real change bring all members of both branches of the Profes. was to be worked out) in a broad and liberal sion in contact with the best teachers. There was no THE UNION SOCIETY OF LONDON. spirit, it would simplify litigation, and avoid much doubt but that this work would be done, as several The first meeting of this Society after the Long scandal. But if received in the same sort of schemes were contemplated by various bodies and Vacation was held at 1, Adam-street, Adelphi, on captious spirit in which the composition deeds associations, which schemes would, in a short Tuesday evening last, when the President mored were dealt with under the old Bankruptcy Act, time, converge, and there would be as good a “ That this House would view with regret the suitors for the next twenty years would have a system in England as in many other countries. establishment of a Monarchy in France by the rough time of it. In conclusion, he adverted to The question of lectures would, he believed, be present National Assembly."". A majority of the the many important improvements introduced into come, very shortly, an important question ; and House approved the motion. this Act upon the suggestion of the Incorporated the University College had already begun to avail Law Society and other societies whose honesty itself in the use of them in the study of law., This SOLICITORS' BENEVOLENT ASSOCIATION. of purpose had never been more completely college was the first that had offered public indisplayed. The manner in which their sugges struction to joint classes of men and women. But lhe usual monthly meeting of the Board of tions were received did honour to the great mind the point might arise in some minds whether there Directors of this Association was held at the Law of the present Lord Chancellor. was in these days of abundant and easy access to Institution, London, on Wednesday last, Nov. 5, A few words in commendation of the paper every kind of literature anything for the lecturer to Mr. Park Nelson in the chair ; the other directors were made by the chairman, Mr. Sharpe, and do. Notwithstanding the variety and number of present being-Messrs. Brook, Hedger, Rickman, others. books at the disposal of students, and in fact Roscoe, Shaen, Smith, Styan and Torr (Jr. Eiffe, As several members had to leave by an early partly on that account, was it necessary for a secretary). A sum of 110l. was distributed in train, thanks were voted to the Birmingham Law student of law to have some one to guide him in donations to nine necessitous families of deceased Society for the munificent hospitality with which his studies, by pointing out the course he should solicitors; twenty-two new members were adthey had received and entertained the gentlemen pursue, and also the course he should avoid; for mitted to the association, and other general busiwho had attended from a distance; to Mr. Horton, oftentimes a student spends a great deal of time ness transacted. the hon. sec.; to the local committee, for their great in wading through books which were of little or and successful exertions to promote the business no use to him. It was also desirable when a par. LAW STUDENTS' DEBATING SOCIETY of the meeting; to the Royal Society of Artists, ticular branch of the law was to be studied that a The first meeting after the long vacation took for their kindness in giving permission for the person should be able to know the best authorities place on the 28th Oct., at the Law Institution, conversazione to be held in their rooms that even. in the particular branch to which he directed him. I there being a large attendance of members. The ing; to the authors of paper i read; and to the self. if a student desired to learn history, Henry following question was discussed : * Has a president, for his valuable address and his able Maine might be studied to advantage ; or if he pecuniary legatee a right to call upon a residuary conduct in the chair. required to study law for practical purposes, and devisee to contribute to the payment of debts ? Mr. W. E. Shirley (Doncaster) afterwards read was endeavouring to ascertain what the law of and was decided in the negative. At the next a pap»r“ On the Education of Attorneys ;” and England was at the present day, he might go to meeting, held on 4th Nov., the question discussed the Hon. Sec. one by Mr. R.W. Griffith (of Cardiff), Blackstone. If for philosophical purposes, to Is the Judicature Act a satisfactory containing “Suggestions for the Revival of the know what was the meaning of law, and what measure?” and was decided in the affirmative by Inns of Chancery.” place it held as a science, if it were a science, he a moderate majority. The proceedings then terminated. would suggest the works of Austin. But in each The following members of the Profession were of these methods of study the aid of the lecturer present: Mr. Pidcock, in the chair ; Messrs. E. would be valuable. The law, as it concerned the Ar the usual monthly meeting of the directors LAW ASSOCIATION. Turner Payne, of Bath'; A. Ryland, G. J. Johnson, relations of men to each other in society, and held at the Hall of the Incorporated Law Society T. Horton, c. T. Saunders, R. K. Milward, s. gave extended powers of freedom to somo persons in Chancery-lane, on Thursday, the 6th Nov.inst.; Balden, jun.; W. S. Allen, T. E. Spencer, J. Mari. to restrain that power in others, was of great in. gold, E. L. Tyndall, E. J. Hayes, J. H. Barclay, terest to all classes, although by the great con the following being present, viz. : Mr. Steward M. W. Tyndali, E. B. Rawlings, C. E. Mathews, troversy concerning terms it was far from being penter, Mr. Collisson, Mr. Drew, Mr. Hedger, Mr. (chairman), Mr. Bennett, Mr. Burges, Mr. Car. C. H. Edwards, F. Sanders, Thos. Martineau, understood by them. C. B. King, F. Price, L. P. Rowley, D. W. H. directly or indirectly, by being associated with Nelson, Mr. Nisbet, Mr. Sawtell, Mr. Şidney Pemberton, Jacob Rowlands, G. F. James, G. w. commerce, property, crime, &c., and formed part Boodle (secretary), 'a grant of £50 was made to Smith, Mr. Styan, Mr. Williamson, and Mr. Hickman, J. R. Holliday, W. Sextus Harding, of the every day life of all persons. But in all the daughters of a deceased member, two grants J. Chirm, v. Bower, W. Septimus Harding, J. G. these relations, and in the difficult controversy of £10 each were made to the widows of non, Bradbury, J. S. Canning, H. D. Crompton, Geo. respecting terms, it was the province of the lec. members, three new members were elected, and Page, Joseph Rowlands, E. F. Mason, C. Harding, turor to explain and suggest to his students the other ordinary business was transacted. W. Lowe, W. Evans, W. Morgan, E. T. Ratcliffe, best books with which to become acquainted ; H. L. Smith, E. M. Coleman, C. H. Owen, H. T. and when a student met with vagueness or Edges, T. G. Lee, J. B. Clarke, B. Chesshire, W. difficulty in a book, the lecturer to HUDDERSFIELD LAW STUDENTS' Brown, J. Jeif, J. Stubbin, and J. L. Smith, of do what the work would, could it but speak. DEBATING SOCIETY. Birmingham ; J. Miller and H. F. Lawes,' of And not merely by answering the questions On Friday evening, Oct. 24, E. Tindal Atkinson, Bristol ; R. Ellett, of Cirencester; J. Slater, of of those whom he was teaching, but also by Esq., barrister-at-law, delivered a lecture before Darlaston ; W. E. Shirley, of Doncaster; H. New, encouraging his class to get up short con. this society on the first part of the Supreme Court of Evesham; G. Whitcombe, of Gloucester; G! versations, thereby inducing them when they of Judicaturo Act 1973." On Monday, Oct. 27, the England, of Howden; T. Marshall, J. Rider, met a small difficulty, they might to if it was a usual fortnightly debate took place. The follow J. D. Kay and G. H. Nelson, of Leeds ; J. H. E. real difficulty, and then if it was they could refer ing question was appointed for discussion : ^ Iş Gill, W. Radcliffe, R. A. Payne, J. Atkinson, E. W. it to their lecturer. In giving his advice with there any implied condition in letting a furnished Bird, R. S. Cleaver and J. H. Kenion, of Liver: respect to the study of books, the lecturer said, house that it shall be reasonably fit for habita, pool A. W. Sadgrove, J. H. Kays, J. S. Torr, that, speaking from experience, he could tell them tion? (Smith v. Marrable, 11 M. & W. 5; Hart E. F. Burton, F.R. Parker, W. Shaen, E. Bromley, I what to avoid ; but he should not endeavour to v. Winsor, 12 M. & W. 68; Sutton v. Temple, T. Eiffe and Philip Rickman, of London ; 1 thrust upon them certain opinions, simply because 12 M. & ' W. 52). Messrs. R. Welsh and A. Jepson, M. Bateson Wood, W. H. Guest' and he had pursued that particular course of study. Ainley conducted the affirmativo, and Messrs. Percy Woolley, of Manchester ; R. R. Dees, G.W. Another valuable aid of the lecturer was to ex. Yeoman and W. Brown the 'negative. The Hodge, T. G. Gibson and R. S. Watson, of New: plain to the student the great changes which question was decided in the affirmative by a castle; B. T. Sharpe, of Norwich ; T. Hawdon, of were continually taking place in law, which majority of three. was: was 6 LEGAL OBITUARY. displayed towards the Bar. And at Nisi Prius he very early committed the great blunder of unduly NOTE:- This department of the Law Times, is contributed interfering with counsel, the result being that by EDWARD WALFORD, M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and within a few weeks of his promotion he came into Historical Society of Great Britain; and, as it is desired violent collision with his old and powerful anta. to make it as perfect a record as possible, the families and gonist, Mr. Edward James, the leader of the friends of deceased members of the Profession will oblige by forwarding to the LAW Times Office any dates and Northern Circuit. No doubt he acted as he felt materials required for a biographical notice. conscientiously bound to act in the interests of justice, but it is now universally admitted that SIR W. BOVILL. the best judges take as little part as possible in The late Right Hon. Sir William Bovill, Lord the conduct of a cause until the summing-up. On Chief Justice of the Court of Common Pleas, who the whole, therefore, the honest opinion of lawyers died, after a comparatively short illness, on concerning the lamented judge must be, that he Saturday last, the 1st inst., at Combe House, was not great, or profoundly learned. But as a near Kingston-on-Thames, the residence of J.C. commercial lawyer, acute, possessing a great grasp Sim, Esq., in the fifty-ninth year of his age, was of facts, and a capacity of expressing his views the second son of the late Benjamin Bovill, Esq., concisely, and well, we recognise in him a man of Wimbledon, Surrey, who died in 1864. He was who would have been more useful as a puisne than born in the year 1814, and having been privately as a chief, educated, was articled to Messrs. Willis, Watson, Sir William Bovill married, in 1844, Maria, Bower and Willis, of Tokenhouse-yard, Lothbury. daughter of John Henry Bolton, Esq., of Leo Park, Mr. Oxenford, articled with him, says :-“At an near Blackheath, Kent, by whom he has had a early age-for he was about two years younger family of eight sons and four daughters. His than myself-he was remarkable for the zeal with eldest son, Mr. William Channell Bovill, is a which he pursued his legal studies, a virtue which, barrister of the Middle Temple, and Clerk of in those days at least, was by no means universal Assize on the Western Circuit. among 'articles.' It was at the instance of Mr Bower, I believe, that he quitted the office for the A. C. WALFORD, ESQ. Bar." He was first admitted a pleader under the The late Arthur Carr Walford, Esq., barrister-at. Bar, and was called by the Honourable Society law, of Lyall-street, Belgrave-square, and of New. of the Middle Temple, in Hilary Term, 1811. He went the Home Circuit, and his course as square, Lincoln’s-inn, who died on the 24th ult., at Scarboro' Hall, Beverley, Yorkshire, in the a junior was marked by his rapid entran je into an extensive and lucrative practice, and he soon the Shropshire branch of the Walfords, and fortieth year of his age, belonged, we believe, to became one of the acknowledged leaders on the circuit he had chosen. The Surrey Standard the well-known solicitors, of Bolton-street, he was the son of one of the Messrs. Walford, says:-“There can be no doubt that his lordship's Piccadilly, the agents for the London proconnection with a great East-end manufacturing perties of the Marquis of Exeter and Sir John firm contributed to his success at the Bar. In Sutton, Bart. The deceased gentleman, who was defending their interests he gained great readiness born in the year 1834, was educated at Trinity in dealing with the technicalities of engineering, College, Cambridge, where he took his Bachelor's which are very puzzling to barristers ; and thus degree in 1855. He was called to the Bar by the we find him engaged in almost all those compli. Honourable Society of Lincoln's-inn in Easter cated 'patent' cases which are so constantly Term, 1858, and practised as an equity draughts. before the courts. We need not say, however, man and conveyancer. Mr. A. C. Walford was a that Mr. Bovill never sank into this speciality. In member of an ancient and respectable family, who, London, he was, perhaps, best known for his con. nection with the celebrated Tom Provis case, if we may believe Sir Bernard Burke's “ Landed and Gentry, were settled several centuries ago at Shropshire, and in Norfolk, Suffolk, and Essex, THE GAZETTES. Professional Partnerships Dissolbed. himself engaged in almost every cause of import Gazette, Oct. 28. ance. Kis genial temperament undoubtedly GAMBLE and Cooke, solicitors and attorneys, Derby, March 15. (and .) conduced to his success both with judges and juries; and in the county towns-we can at least say it was so in Lewes and Guildford-he was a Bankragts. general favourite." In 1855 he obtained the honour of a silk gown, and was made a bencher of Gazette, Oct. 31. his Ion. In 1857 he entered Parliament in the Con. To surrender at the Bankrupts' Court, Basinghall-street. servative interest, as one of the representatives COLLINS, MARK, hatter, Broad.sc, Bloomsbury. Pet. Oct. 23. Sol-squaro of Gaildford; and'in 1866 he was appointed to the TANOURDIN, EDWARD CAVENDISHI, stock and share broker, Cornhill. Pet. Oct. 20. 12. post of Solicitor-General, in the administration Paterson, Snow and Co., Chancery-lane then formed by the late Earl of Derby. When To surrender in the Country. Wake. Sur. Nov. 12. CROSSLEY, Joux, jun., woolstapler, Hallfax. did not succeed to the post of First Law Officer of the Crown, Mr. Rolt having been appointed HURLEY, RICHARD, and DENTON, JAMES, FLETCHER, WoolAttorney-General. staplers, Pet. Oct. 27. Reg. Sur13. It was understood that Sir TRAGHEIM, NICOLAI, furniture dealer, West Hartlepool. Pet. Gazette, Nov. 4. Nov. i. Reg. Ruche. Sur. Nov. 26 To surrender in the Country. opportunity of appearing before the House as a CHOICE, JOSEPH, beerseller, Hinckley. Pet. Oct. 30. Reg. Ingram. Sur. Nov. 17 member of the administration. He was appointed DRURT, CHARLES Vincen, licensed victualler, Rovelden. Pet. in Nov. 1866, Chief Justice of the Court of ROCHE, PERCIVAL, Esq., Canterbury. Pet. Oct. 31. Reg. CallCommon Pleas. He was sworn a member of her Majesty's Privy Council in 1867 ; he was also for THERSBY, WILLIAM, tailor, Darlington. Pet. Oct. 31. Reg. Crosby. Sur. Nov. 14 many years a magistrate for the county of Surrey, BANKRUPTCIES ANNULLED. and he was likewise a Fellow of the Royal Society. Gazette, Oct. 31. KENDAL, ROBINSON, managing director of a company, Lancaster and Bootle. Oct. 1, 1873. We have quoted, is evidently written by some one who knew the deceased judge well, and speaking Liquidations by Arrangement. of his private character, the writer says that there FIRST MEETINGS. never was a brighter, happier man than plain stuff Gazette, Oct, 31. "Mr. Bovill,” and by his urbanity he captivated Allwood, CHARLES, draper, Southgate-pl. Colney hatch. Pet. even political opponents. Oct. 20. Nov. 11, at three, at the London Warehousemen's Association, 33, Gutter-la. Sol. Salaman It was as a judge, perhaps, that the deceased ASADY, GEORGE, grocer. Highst, Hampetead. Pet. Oct. 29. was least successful.' He succeeded a great judge Nov. 22, at three, at the Masons' Hall tavern, Masons'-avenue, Basinghall-st. Sol. Downing, Basinghall-st who for years had presided over a strong court. ASHTON, PHILIP, victualler, Liverpool. Pet. Oct. 29. Nov. 13, at He must have felt the superiority of Willes in BARTER, DAVID, contractor, Birstal. Pet. Oct. 28. Nov. 11, at three, at Vine, accountant, Liverpool. Sol. Worship, Liverpool learning, and indeed of Mr. Justice Keating also, three, at the Royal hotel. Dewsbury. sol. Ibberson, Dewsbury both of whom possessed the advantago of none Nov. 13, at eleven, at office of Sol. Pullen, Harp-la, Great Tower. judicial experience when Mr. Bovill was promoted from the Bar to be their chief. The diffidence BELCHER, BEN. Cook, Reading. Pet. Oct. 27. Nov. 12, at eleven, , the Forbury, ReadingRogers. which such a feeling produced is said to have been BELL, SARAH Marsilaul, confectioner, Newcastle. Pet. Oct. 23. 1 the cause of the irritability of manner which he BESJAMIN, BENJAMIN, importer of foreign goods, Blackman-st. Borough, and Gresham.st. P-t. Oct. 25. Nov, 12, at tvo. at 28, Barber, and Browne, Ironmonger la a: eleven, at office of Sol, Allen, Birmingham at Anderton's hotel, Fleet-st. Sol. Pullen, Harp-la, Great Tower-st Nov. 12, at two, at office of Sol. Tyrer, Prescot White Hart hotel, Newbury. Sol. Cave, Newbury cheap. Sols. Ingle, Cooper, and Holmes, Threadneedle-et CUMING, THOMAS MORRIS, confectioner, Truro. Pet. Oct. 27. Nov. 13, at eleven, at office of Sols. Carlyon and Paull, Truro DAINTITH, JOHN, blacksmith, Woolston-with-Martinscroft. Pet. Oct. 25. Nov. 11, at three, at office of Sol, Bretherton, Warring ton DALBY, WILLIAM, shopkeeper, York. Pet. Oct. 28. Nov. 14, at twelve, at office of Sols. Messrs. Mann, York DEMPSTER, MARCUS BRUTUS, watchmaker, Richmond. Pet. Oct. Nov. 14, at one, at office of Sol. Robinson, Richmond Serjeant's inn, Chancery.la at one, at office of Sol. Smith, Church.cc,Clement's la FAULKNER, WILLIAM GIBSOx, clerk, Navarino-gr, Dalston. Pet Oct. 13. Nov. 8, at three, at office of Sol. Jacob, Bedford-row FOWLER, ABRAHAM, corn dealer, Tadcaster. Pet. Oct. 29. Nov. 24, at two, at offices of Sol, Harle. Leeds Fox, WALTER, butcher, Cardiff. Pet. Oct. 28. Nov. 18, at eleven, st offices of Sol. Blelloch, Cardify FRIGOUT, HENRY ALFRED, and ART AUT, LOUIS, lamp manu. facturers, Rogent-st. Pet Oct. 29. Nov. 21, at three, at ottica of Sol. Alsop, Marlborough-st, Regent-st at twelve, At office of Sol. Miller, Bristol Lyne. Pet. Oct. 29. Nov. 14, at thrte, at ottices of Sol. Clegg, Oldham two, at office of Sols. Simpson and Burrell, Leeds Norwich Kensington, London, and Brighton. Pet. Oct. 28. Nov, 19. at at ortice of Sol, Lowe, Dudley eieven, at ottire of Sol. Beale, Renaing Nov. 13, at eleven, at Smith and Boyle, solicitors, Bridgewater. Nov. 27, at twelve, at Broad, Broad, and Paterson, 35, Wa.brook. Oct.20. Nov. 18, at eleven, at ottice of Sol. Milburn, Wurking ton 15, at eleven, at at offices of sol. Standring, Rochdale Pet. Oct. 29. Nov. 14, II, at four, at offices of Sol. Ablett, Cambridge-cer, Hydı. park JACOBY, EDWARD, victualler, Bristol. Pet. Oct. 27. Nov. 12, at twelve, at offices of Sols. Benson and Thoms, Bristol JACOBS, LOUIS, jeweller, Liverpool. Pet. Oct. 29. Nov. 17, at two, at office or sol. Etty, Liverpool JOXES, THOMAS, grocer, Dowlals, and Pant-wain, near Dowlais. Pet. Oct 29. Xov. 13, at hall. past ten, at 48, Glebeland.st, Merthyr Tydfil Sol. Lewis Nov. 13, at hali.past ten, at ottices of Sol. Stenning, Tun bridge KISSEY, WILLIAM BARX, and MERRITT, WILLIAM DOWNES, architects, Great Suffolk st, Borough. Pet. Oct. 2. Nov, 20, joint creditors, at twelve ; sep. creditors of Kinsey, at one; sep. creuitors of Merritt, at two, at offices of Sols, Eliis and Cross field, Mark.la Nov. 12, at three, at offices of Sol. Duke, Biriningham 14, at two, at Hetherington and Co. lls, Cannon-st. Sol. Smith, Nov. 12, at three, at office of Sols. Bridginan and Johnstone, Tavistock 29. Nov. 13, at two, at ottices of Sol. Folkard, Durham Nov. 14, at eleven, at J. Slater, solicitor, Butcroft, Darlaston. Sol. Edwards, Durlaston at eleven, at office of Sol. Brittle, Nottinahain hound hotel, High-st, Croydon. Sol. Parry POATE, RICHARD, artist, Portsmouth. Pet. Oct. 24. Nov. 12, at three, at the Chamber of Commerce, Cheapside. 801. Feitham, Portsca 27. Nov. 17, at three, at office of Sols. Messrs. Bastard, bra bant-ct, Philpot.la Ruodes, THOMAS, eprthenware dealer, Hull. Pet. Oct. 24. Nov., 7, at twelve at office of Sols. Stead and Sibres, Hull RILEY, WALDEN EVELYX, wool extractor, Bradford, and Shipley. Pet. Oct, 27. Nov. 17, at three, at offices of Sol. Hutchinson Bradford SL, Strand, under firm of W. Steer and Co. Pet. Oct. 30. Nov. Miller, King st, Cheapside 23. Nov. 11, ut two, at othces of Sol. Briant, Winchester-house, 35. Nov. 22, at eleven, at office of Sol. Harle, Leeds THOMPSON, Joux, baker, Leigh. Pet. Oct. 27. Nov. 13, at four, at Anderton's hotel, Fleet-st, London. Sol. Pullen, Harp-la, Great Tower st, London twelve, at office of Sols. Messrs. Chatham, Null Nov. 18, at three, at ottice of Sol. Jenkins, Chertsey Nov. 13, at twelve, at the St. Helen's Glass Co.6, Nelson-at. Bristol. Sol. Jones, Weston super. Mare Pet. Oct. 28. Nov. 14, at eleven, at office of Sols. May and 5, at twelve, at Good, Daniels, and Co., 7, Poultry. Sol. Snell VINCEST, ELIZA, and VINCENT, MARY ADELAIDE, laundry pro prietresses, Redcliffe-rd, and' Seagrave-rd, West Brompton. Pet. Oct. 24. Nov 8, at ten, at offices of sol. Marshal, King-st. west, Hammersmith WAGNER, JOHN HENRY, baker, Virginia row, Bethnal green, Pet. Oct. 29. Nov. 14, at two, at at 145, Cheapside. Sol. Arnold, Finsbury pavement town. Pet. Oct. 30. Nov. 12, at twelve, at office of Sol. Eves, Old Corn Exchange, Marka at eleven, at office of J. O. Harris, Wreford, and Co. account. Ants, Exeter. Sol Higgins, Exeter Cooke Mortimer. Sur. Nov. 11. Pet. Oct. 28. Reg. Rankin. Sur. Nov. 13. Oct. 29. . Sur. away. Sur. Nov. 14 University street Nov, 12, at two, at offices of Sols. Hoyle, Shipley, and Hoyle, at the Lion and Swan hotel, Congleton. Sol. Vaudrey WRIGHT, WILLIAM. wheelwright, Manchester. Per. Oct. 25 Nov. 20, at three, at office of Sol. Richardson, Manchester Newcastle Dibidends. Gazette, Nov. 4. SUCH, RICHARD, chaser, Aston, near Birmingham. Pet. Oct. 31. THE TEMPLE three, at office of Sols. Pain and Hawtin, Banbury ARTHUR, ARTHUR DAVID, asphalter, Lincoin. Pet. Oot. 30. WARNER, JOHN. beerseller, Hanley. Pet. Oet. 7. Nov. 6, at Nov. 18, at eleven, at offices of Jay, public accountant, Lincoln. eleven, at 26, Cheapside, Hanley Sol, Page, Lincoln WEBB, WILLIAM, grocer, Sheffield. Pet. Oct. 30. Nov. 14, at ASHBY, AARON DAVID, miller, Carshalton. Pet. Oct. 30. Nov. 18, at half past two, at the Guildhall tavern, Gresham-st. twelve, at office of Appleby and Lawson, aocountants, Queen-st, Sol. Sheffield. Sol. Roberts Arnold, Park-la, Croydon WINNALL, JOHN, farmer, Berrow. Pet. Oct. 31. Nov. 19, at twelve, ASHMORE, JOHX, joiner, Manchester. Pet. Oct. 31. Nov. 19, at at the Crown hotel, Worcester. Sols. New, Prance, and Garthree, at office of Sol. Burton, Manchester rard, Evesham BELL, WILLIAM, boot seller, Brecon. Pet. Oct. 29. Nov. 21, at WINSER, HENRY JAMES, jun.. gas lamp manufacturer, Grafton. two, at office of Sol. Bishop, Brecon st, Soho. Pet. Oct. 29, Nov. 22, at eleven, at offices of Brett, BENNETT, EDWIN, potato salesman, Brushfield-st, Spitalfields. Milford, Pattison, and Company, public accountants, 150, Pet. Oct. 28. Nov. 14, at three, at office of Sol. Webster, Basing Leadenhall-st. hall.st Sol. Musgrave, Albert-bldgs, Queen Victoria street BROADBENT, GEORGE, shoe merchant, Stockton-on-Tees. Pet. WYATT, PHILIP THOMAS, farmer, Shottesbrook. Pet. Oct. 31. Oct. 30. Nov. 19, at eleven, at office of Sol. Robinson, Darling Nov. 15, at eleven, at office of Sols. Barrett and Dean, Slough ton YEATES, HENRY, boot manufacturer, Monmouth. Pet. Oot. 31. BROOKES, EDWIN, lapidary, Birmingham. Pet. Oct. 29. Nov. Nov. 15, at eleyen, at office of Sol. Gibbs, Newport 14, at eleven, at office of Sol. Davies, Birmingham BROWN, ABRAHAM, grocer, Newcastle-under-Lyme. Pet. Oct. 31. Nov. 19, at eleven, at the County Court offices, Hanley. Sol. Hollinshead, Tunstall Orders of Discharge. CAIN, JAMES, fish dealer, Bolton. Pet. Oct. 31. Nov. 17, at three, at offices of Sol, Dutton, Bolton Gazette, Oct. 28. CARDEN, RICHARD ARTHUR, doctor of medicine, Great Castle CLARKE, WALTER, out of business, Worcester st, Oxford-st and clerk in holy orders, Augusta-ter, Grosvenor. CROSBY, WILLIAM HARRISON, out of business, Scarborough pk, Camberwell. Pet. Oct. 29. Nov. 18, at three, at offices of Sol. Debenham, Lincoln's-inn-fields MORTLOCK, FREDERICK HENRY, boot maker, Jermyn-street St. James's, and Belmont-terrace, Wandsworth-road | TRADE MARK.) CORDEN, JONATHAN, butcher, Etruria. Pet. Oct. 23. Nov. 11, at eleven, at offices of Sol. Stevenson, Hanley COTTON, MARY, shopkeeper, Birstall. Pet. Nov. 1. Nov. 19, at BANKRUPTS' ESTATES. GREAT CENTRAL WINE CELLARS, half past three, at office of Sol. Scholefield, Batley CRUMP, ISAAC, beker, Pulley. Pet. Oct. 29. Nov. 21, at twelve, at Tho Official Assignees, &c., are given, to whom apply for the office of Sol. Smith, Cheltenham Dividends. 22, FLEET-STREET, LONDON CULLEY, WILLIAM HENRY DUBINSOx, baker, Cheltenham-pl, Hodge, A. seed crusher, first of Gs. At Carlill and Burkinshaw, (OPPOSITE CHANCERY-LANE). Marsh, G. farmer, second of 38. 28. At Trust, J. R. Brown, twelve, at the Council chamber of the Guildhall, Bury St. George-st, Luton.-Schoales, A. gentleman, first and final of 14d. The Largest, Cheapest, and Best Wine Establishment in Edmunds. Sol. Messrs. Salmon, Bury St. Edmunds At Sols. J. R. Adams, 15, Old Jewry-chambers.-Sherwin, M. H. the World, DENISON, JOSEPH, draper, Bradford. Pet. Oct. 29 Nov. 14, at W. music seller, second of 7d. At Trust, J. Elles, 38, Moorgateeleven, at office of Sols. Watson and Dickons, Bradford st. - Willard, E. E. tailor, first of 2g. At Trust. w. Cooper, 7 DILLOX, ANDREW, licensed victualler, Bath. Pet. Oct. 27. Nov. Gresham-st.-Williams, W, contractor, first and final of 4s. id. At 11, at eleven, at office of Sol. Bartrum, Bath Barnard, Thomas, Cawker, and Co., 10, Temple-st, Swansea. THE MOST NOTED VINTAGES, DODD, THOMAS, painter, Chester. Pet. Oct. 23. Nov. 18, at INSOLVENTS' ESTATES. twelve, at office of Sol. Churton, Chester Halloran, A. L., master in Royal Navy, at St. George's-hall, BY THE GLASS, BY THE BOTTLE, DORMAN, HENRY, butcher, Lower Edmonton. Pet. Oct. 31. East Stonehouse. - Wooton, A. J., superanuated muster baker, BY THE GALLON, BY THE Dozen, Sols. Treherne and Wolfertan, Ironmonger-la, Cheapside FENNER, JOHN HOLMES, farmer, Canford. Pet. Oct. 28. Nov. AND BY THE CASK, 12, at eleven, at office of Sol. Whitehead, Wimborne Minster BIRTHS MARRIAGES AND DEATHS FENTON, RICHARD, out of business, Dewsbury. Pet. Oct. 31. AT WHOLESALE PRICES; Nov. 19, at three, at office of Sol. Shaw, Dewsbury BIRTHS. GREEN, GEORGE, cab proprietor, Oxford. Pet. Oct. 30. Nov. 24, at two, at the London tavern, Oxford. Sol. Cooper, Oxford BAINER.-On the 26th ult., at 9, Bevington-road, Oxford, the wife Or Packed in Hampers for Races and Picnics of Henry Baines, solicitor, of a son. GREEN, HENRY, and GREEN, THOMAS, stonemasons, Notting- BELL.-On the 24th ult., at Mapperley House, Lee, the wife of ham. Pet. Oct. 31. Nov. 17, at twelve, at offices of Sol. Heath, Charles Bell, solicitor, of a danghter. CHATTERTON.-On the 29th ult., at Florence Villa, Wood-green, DYNE.-On the 2nd inst., at Coombe Hou«e, Hampstead-lane, 22, FLEET-STREET, LONDON HARVEY, GEORGE EDWARD, butcher, Palace-rd, New Town, Highgate, the wife of John Bradley Dyne, Esq., of Lincoln's inn, Bromley. Pet. Oct. 29. Nov. 18, at three, at Bowen's, 74, barrister-at-law, of a daughter, Basinghall-st. Sol, Gregory, Widmore rd, Bromley HICKLIN.-On the 30th ult., at 163, Clapham-road, the wife of (Opposite Chancery-lane). JEYS, RALPH HEATLEY, wine merchant, Southport. Pet. Oct. J. W. Hicklin, Esq., solicitor, of a daughter, Nov. 18, at twelve, at omhoes of Sols. Fowler and Car KING.- On the 31st ult, the wife of Thomas King, Esq., of ruthers. Liverpool Brighton, solicitor, of a daughter. HIGH CLASS BOOTS. ROSTRON.-On the 27th ult., at Beddington, Surrey, the wife of HOMES, SAMUEL, hatter, Tunbridge Wells. Pet. Oct. 30. Nov. 17, at eleven, at offices of Sol. Arnold, Tunbridge Wells Simpson Rostron, Esq., barrister-at-law, of a daughter. SANDY.-On the 22nd ult., the wife of T. G. Sandy, solicitor, MARRIAGE. Edmund Chalk, Moorgate-street, solicitor, to Mary Ann Bezzell, HUDSON, JAMES, ironfounder, Burnley. Pet. Oct. 29. Nov. 21, at Westcourt, Lewisham hill, youngest daughter of the lato eleven, at office of Gin, accountant, 12, Hargreaves-st, Burnley. Henry T. Bezzell, Deptford, Kent. Sol. Baldwin, Burnley DEATHS. HUGGINS, SIMON, warehouse clerk, Upper Saltley, near Bir. BRANSON.-On the 29th ult., at Broom-grove, Sheffield, aged 80 minghum. Pet. Nov. 1. Nov. 17, at ten, at offices of Sol. Duke, years, Mr. Thomas Branson, solicitor. Birmingham GOODE.-On the 2nd inst., at Belle Vue, Ryde, aged 80 years, Manchester Pet. Oct. 30. Nov. 14, at three, at the Royal 6 Hace, Basinghall-et, London, also Reigate and Croydon WHOLESALE & RETAIL STATIONERS, 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E.C. Fig. 2. Fig. 1. The normal condition of The perfect form of Shoes. the Foot. a, b, c, d, Elasticated Leather. 18, at eleven, at office of Sol. Morris, Shrewsbury ream. LYONS, CORNELIUS, builder, Queen's-ter, York-rd, Battersea. BRIEF PAPER, 158. 6d., 178. 60., and 239. 61. per ream. Pet. Oct. 31. Nov. 17, at two, at office of Sol. Walls, Walbrook FOOLSCAP PAPER, 108. 6d., 12s. 6d., and 158. 6d. per ream, CREAM LAID NOTE, 38., 48., and 58. per ream. 455, WEST STRAND, LONDON, LARGE BLUE NOTE, 89. 6d., 4s. 6d., and 68. 6d. per ream. past eleven, at the White horse inn, Rison. Sol. Waistell, Northallerton ENVELOPES, CREAM OR BLUE, 4s. 6d., and 6s. 6d., per 1000, (Nearly opposite Northumberland House), THE "TEMPLE” ENVELOPE, extra secure, 98. 6d. per 1000. MIDDLETON, CHARLES THOMAS, wire drawer, Birchfields, and MIDDLETON, GEORGE HENRY, grocer, Birmingham, Pet. FOOLSCAP OFFICIAL ENVELOPES, ls. 9d. per 100. ESTABLISHED 1824, mingham 9s. 6d. per ream, MILES, HARRISON, joiner, Burnley. Pet. Oct. 27. Nov. 12, at BOOK OF TESTIMONIALS POST FREE GRATIS. eleven, at offices of Sols. Backhouse and Whittam, Burnley “We should direct particular attention to their New ClubMOON, MICHAEL ALFRED, mining engineer, Chester. Pet. Oot. house Paper: in our opinion it is the very best paper we ever 30. Nov. 21, at eleven, at office of Sol. Jones, Manchester wrote upon."-London Mirror. ALLEN'S PORTMANTEAUX, OSBORNE, WILLIAM, printer, Birkenhead. Pet. Oot. 29. Nov. 17, at eleven, at offices of Roose and Price, accountants, Liver- 37, STRAND, LONDON PEATTIE, ISAAC HARPER, haberdasher, Eversholt et, Oakley sq, or thirty folios, 2s. 3d. per skin, 26s. per dozen, 125s. per Camden-town. Pet. Oct. 23. Nov. 7, at two, at offices of Coker roll. and Keeler, public accountants, 32, Cheapside. Sol. Barrett, DRESS BASKETS, SECONDS or FOLLOWERS, Ruled, 1s. 11d. each, 22s. per dozen, New-inn, Strand PETCHELL, JOHN, sen., and PETCHELL, JOHX jun., shoe manu. 105s. per roll. OVERLAND TRUNKS, facturers, Northampton. Pet. Oct. 31. Nov. 17, at eleven, at RECORDS or MEMORIALS, 7d. each, 6s.6d. per dozen. DRESSING CASES, office of Soi. Jeffery, Northampton PRIOR, CHARLES, grocer, Halstead. Pet. Oct. 29. Nov. 14, at DESPATCH BOXES, &c. eleven, at office of Sol. Cardinall, Halstead ALLEN'S REW, ROBERT MAY, chemist, Regent-st. Pet. Oct. 30. Nov. 28, LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER Or MINUTE-BOOKS NEW CATALOGUE OF 500 FITTED at eleven, at offices of Sols. Davies, Campbell, Reeves, and An immense stock in various bindings. ARTICLES. Post Free. BAG and St. Paul's-rd, Islington. Pet. Nov. 1. Nov. 18, Copying Presses, Writing Cases, Despatch Boxes, Oak and at tro, at offices of Minton, Boyes, and Child, 2, Carey-la, Walnut Stationery Cabinets, and other useful articles PRIZE MEDAL FOR ALLEN'S NEW General Post Office, E.C., accountants. Sol. Buchanan, Basing. adapted to Library or Office, post free. DRESSING BAG. GENERAL EXCELLENCE hall-st RILEY, JAMES, fishmonger, Hanley. Pet. Oct. 27. Nov. 13, at , hili. 18, at , FOR HEATING AND COOKING. CAN BE PLACED ANYWHERE. at hait-past two, at office of Sol. Edelston, Preston 31. Nov. 22, at three, at offices of Sol. Howell, Cheapside SOLOMANS, MICHAEL, out of business, Holywell-la, par. St, Save half the fuel, half the labour, and half the Leonard, Shoreditch. Pet. Oct. 29. Nov. 27, at three, at office of Sol, Heathfield, Lincoln's-inn-fields dirt, SPIVEY, FRANK, farmer, Eastwood. Pet. Oot. 29. Nov. 18, at two, at office of Sol. Blyth, Chelmsford Catalogues on application, STEVENTOS, ALFRED, accountant, Burslern. Pet. Oct. 28. Nov. 10, at two, at the Talbot inn, Stafford. Sol. Tomkinson, Burslem STEVENS, MATTHEW, baker, Cardiff. Pet. Oct. 31. Nov. 17, at twelve, at offices of Sol. Waldron, Cardiff STODDART, MARTIN SMITH, printer, Sunderland. Pet. Oct. 31. DOWIE AND AND MARSHALL, SEYMOUR, FREDERICK HENRY, out of business, High-st, Notting: AMERICAN AND ANGLO-AMERICAN STOVES. land STOREY, JAMES, painter, Sale. Pet. Oct. 30. Nov. 17, at three, at office of Sol, Sampson, Manchester are on in MURDOCH AND CO., 115, CANNON STREET. WORKS-LARBERT, N.B. To Readers and Correspondents. Anonymous communications are invariably rejected. All communications must be authenticated by the name and address of the writer not necessarily for publication, but as a guarantee of good faith. The late Chief Justice died before the commencement of Term. Eleven days of the Term have elapsed, and Sir John COLERIDGE has not taken his seat. Under existing conditions, the loss of a judge is calculated to operate most prejudicially upon business, and we can quite understand the hesitation in determining which Judge should try the Taunton election petition. No Judge can be spared-and, nevertheless, a vacancy is unnecessarily kept The volumes of the LAW TIMES, and of the Law TIMES REPORTS, are strongly and uniformly bound at the Office, as completed, for 5s. 6d, for the Journal, and 48. 6d. Portfolios for preserving the current numbers of the Law TIMEs, price|5s, 6d., by post 5d. extra. LAW TIMES REPORTS, price 3s. 6d., by post 3d. extra. Four lines or thirty words......... ...... 3s. 6d. | Every additional ten words ...... Os. 6d. Advertisements specially ordered for the first page are charged one-fourth more Advertisements must reach the Office not later than five o'clock on Thursday We are informed that in all probability the Taunton election petition will not be tried for some weeks to come. We have been unable to ascertain that any leading counsel have been retained to The Law Tixes goes to press on Thursday evening, that it muy be received in the remotest be transmitted accordingly. None can appear that do not reach the office by Thursday parts of the country on Saturday morning. Communications and Advertisements must All communications intended for the Editor of the Solicitors' Departmentashould be so Some curious statistics of the work done by Gray's-inn have been published. The entire number of calls from Hilary Term, 1870 inclusive, is as follows :-In_1870, Hilary 0, Easter 1, Trinity 0, Michaelmas 1; in 1871, Hilary 2, Easter 2, Trinity 1, Michaelmas 0; in 1872, Hilary 1, Easter 1, Trinity, 3, Michael- mas 1; in 1873, Hilary 0, Easter 0, Trinity 0. Total calls in 15 Thus, if the annual income of the society is £7000, twenty-eight thousand pounds have been expended in calling thirteen gentleman to the Bar, at a cost of upwards of £2150 each. Now ready, price 6s. 6d. (including Index to Volume), PART VIII. of ARITIME LAW REPORTS (New Series). By J. P. ASPINALL Esq., Barrister-at-Law, in the Admiralty Courts of England and Ireland, and in al the Superior Courts, with a Selection from the Decisions of the Unlted States Courts with Notes by the Editor. The First Series of “Maritiine Law may now be had com plete in Three Volumes, kalf bound, price £5 5s, for the set, or any single volume fo 22 23. Back numbers may be had in complete sets, ELECTION, and ECCLESIASTICAL LAW CASES, decided by all the Courts. Sent post free to subscribers. N.B.-The back volumes and parts may be had; the vois. Attorney-Suspension of by Superior THE LANCASHIRE AND YORKSHIRE RAIL. Railway company-Conveyance of goods WATSON AND COMPANY v. SHANKLAND JUDICIAL COMMITTEE OF THE PRIVY Conveyance --Covenant for certain land to be "never sold," but left for the "comrnon benefits of both parties- Collision-Duty of master-Reasonable precautions-Mooring buoy ...... 335 THE LLASELLY RAILWAY AND DOCK COM. Stock Exchange-Purchase of shares R: THE TAVAROSE MINING COMPANY Company---Winding-up-Contributory.. 363 Company - Preference shares-Power Solicitor and client-Costs-Charging WA-Trast to lay out personalty in land wo go along with sellied property ...... 365 W1-Construction--Christian names- ADAMS. THE NORTH BRITIH RAILWAY Patent-General agent--Infringement Promissory note-Interest.......... 309 Lord of manor-Reservation clause....... 370 IXGOLDSBY AND OTHERS W. THE PLUX. STEAD DISTRICT BOARD OF WORKY- On an interesting question of bankruptcy law, a correspondent writes :-“In the Law TIMES of the 25th ult., I observe No. IV. of a series of articles you are publishing on the question of liqui- dation and composition by arrangement. In that article you state that the question whether a debtor who is sued by a creditor who could prove his debt under the liquidation, should plead his order of discharge as a bar, or apply for an injunction, is unsettled; but I trust you will allow me to venture an opinion that the question is settled to a certain extent in the County Courts, which have primary jurisdiction in bankruptcy, Rule 289 may be taken as the basis of the argument. This rule is supplemented by the case of Satterfield v. Fox (LAW TIMEs, vol. xlix., p. 114, Liverpool Court), where an injunction was granted against action by creditor, although debtor had pleaded, and was therefore estopped from contending the debt was provable, and although the money was paid into court, and, therefore, the proceedings were not against the debtor or his property, and although by such payment plain. tiffs become secured creditors. Also Ex parte Williams, re Teece (Law Times, vol. l., p. 243, Liverpool Court), where an injunction was granted against execution upon after-acquired property on judgment obtained after discharge, but for debt provable under the petition. In the last case, Dr. Comins, who appeared for the creditor, contended that the debtor ought to have pleaded his discharge, and that he was prevented from applying for an injunc. tion, having slept over his rights. The learned Judge who pre- sided on that occasion did not dwell upon the point raised, but granted the injunction. These cases sufficiently establish the point, that the debtor in such a case should apply for an injunc- tion. I fully concur with you, that it is to be regretted that the judgment of the Bacup Court was not appealed against, our County Courts being inferior courts of record, and analogous to the provincial courts in France under the Code Napoleon, where the decision of one court is not binding on another. If the County Courts were superior courts of law, the judgment of one court would stand until reversed on appeal, and I consider it a pity TO READERS AND CORRESPONDENTE......... 23 Acceptances against Consignments The Supreme Court of Judicuture Act 1873 31 Searcheg, Ir.quiries, and Notices, Decisions under the Licensing Acts Creditors under Estates in Chancery. 36 Creditors under 22 & 23 Vict. c. 35 The Production of Prisoners at Coroners' Haminersmith Police Court 37 REAL PROPERTY AND CONVEYANCING: - Questions for the Final Examination ......... 41 CORRESPONDENCE OF THE PROFESSION..... 13 NOTES AND QUERIES ON POINTS OF PRAC. Peterborough Articled Clerks' Debating Law Students' Debating Society Bristol Articled Clerks' Debating Society 44 arder .... The law as between husband and wife is not so abundantly clear that another case on the subject will not be welcomed. Jones and Wife v. Cuthbertson (26 L. T. Rep. N. S. 359; 28 L. T. Rep. N. S. 673; L. Rep. 7 Q.B. 218; 8 Q.B. 504), raised It is somewhat surprising that the Government should do all it can to make its administration unpopular with the Legal Profes- sion. The delay attending Vice-Chancellor HALL's appointment as an acting Judge caused a great deal of very serious inconve- nience to practitioners in the Court of Chancery, and in some cases, we are informed, causes were imperilled by difficulties attending the routine of the chambers. The same delay has occurred in filling up the vacancy in the Court of Common Pleas. 66 cover one. cause ? Bidgood v. Way (2 W. Bl. 123), was the case relied upon by ACCEPTANCES AGAINST CONSIGNMENTS. the defendant, but, as pointed out by the LORD CHIEF BARON, that An interesting question of commercial law has been raised more is a direct authority to this extent only, that an action at law for than once lately, with reference to the rights and liabilities of money had and received to the use of the husband and wife, simpli- consignees who accept bills against consignments, such bills citer, is not maintainable. In Jones v. Cuthbertson, the declaration being discounted by the drawer, and bills of lading of the went on to allege what was not strictly in accordance with the goods consigned deposited as collateral security. What is the facts, that the wife was entitled to receive the money for her sole interest of the consignee in the goods ? Has he an insurable and separate use. But that was held to be sufficiently supported interest in them, so as to entitle him to effect an insurance upon by the fact that she was entitled to the money laid out upon her them in his own name? And if the drawer and acceptor both separate property. And it is to be further noticed that as against become insolvent, what are the bill holder's rights ? husband and wife, a chose in action cannot be taken to have The question raised under a policy of marine insurance goes been reduced into possession against the will of the husband. The to the root of the matter, and the difficulty of dealing with it defendant in Jones v. Cuthbertson was decided to be an agent for satisfactorily will appear upon a reference to the case of Ebsworth a particular purpose only. • The money,” said Mr. Justice BRETT, V. Alliance Marine Insurance Company (L. Rep. 8 C. P. 596.) was received alio intuitu with no intention by the husband to The action was brought to recover for a total loss of goods reduce it into possession. There was therefore no reduction into on a policy entered into by the plaintiffs as well in their possession by the husband, and consequently the wife might be own names as for and in the name or names of all and every joined in action.” person or persons to whom the same doth, may, or shall appertain in part or in all.” The plaintiffs were cotton brokers and agents The commingling of Equity and Common Law Judges is one of the in London, and were in the habit of receiving consignments of pet projects of law reformers, but from the judgments in the case cotton from correspondents abroad, for sale on behalf of such of McLean v. McKay, decided before the Long Vacation by the correspondents, and making advances thereon by acceptances as Privy Council, it would appear that in Nova Scotia, the result of they were from time to time advised of the shipments. They kept this process is not always satisfactory: The Privy Council open policies with the defendants, and a certain consignment was reversed the decision of the High Court of Judicature at Halifax. declared upon two of the policies. The plaintiffs accepted a bill That Court reversed the decree of the Judge in Equity in favour for £3000, drawn by the consignors against the consignmentof the appellant, who was the plaintiff in the suit below. The valued at £5000-and paid it at maturity. The goods were Judges in the Supreme Court were divided in opinion. The lost, and in opposition to the right of the plaintiffs to reCourt consisted of five Judges, of whom the Judge in Equity was on the policies, it was contended that they had no The four Judges who heard the cause for the first time insurable interest at all in the cotton, but a mere expectancy of were divided in opinion; but the learned Judge in Equity, having profit resting on a contingency: that if they had any insurable changed his own view of the case, created the majority of the interest at all, it could only be to the extent of their own beneficial Court, which reversed his own decree. The Judicial Committee interest therein, viz., £3000; that they could only insure in their regretted that the Judge in Equity should have changed his own names and on their own behalf to the extent of that beneficial mind, his original judgment being in their opinion right in its interest; and that the only persons who, without having a benereasoning and sound in its conclusions. This must be very ficial interest in goods equal to the whole value, can insure in mortifying to the “ Judge in Equity;" to assist in reversing your their own names to the full value, and recover the whole value, own decree, and then to be reversed again to your original position, holding the surplus as trustees, are those who are in law owners is about as uncomfortable a judicial experience as we can well and in equity trustees of the goods insured, which the plaintiffs imagine. were not. For those propositions an array of authorities was cited. The argument of the plaintiffs was that they had the whole legal interest in the goods when they accepted the draft for £3000, that The case of Vian v. Maynard, tried last week in the Court of all their duty to the consignors from that time was to account as Exchequer before Baron CLEASBY, illastrates in a very forcible trustees for them for the surplus proeeeds; and that, assuming manner the anomalous condition of the English law on the subject that not to be so, they still had such an interest in the of seduction. In that case there had been a previous trial for goods, and in every part of them, as gave them an insurable breach of promise of marriage brought by the daughter of the interest in the whole, so to entitle them to insure plaintiff, but as there was not sufficient evidence of a promise by them to their full value in their own names, holding the defendant the action failed. On this the father, in accordance the surplus (if any) above their own actual beneficial interest with suggestions made at the former trial, brought an action for in the goods as trustees for the consignors. The acceptseduction against the defendant. Thus owing to the rule of law ance of the plaintiff's was hypothecated with the bill of lading that no action lies against the seducer at the suit of the party by the consignors with the National Bank of India, and the immediately interested, but that the only right of action is founded bank, on presenting the shipping documents, were entitled to be on the loss of the girl's services to her father, reducing the paid the amount of the acceptance. As Chief Justice Bovill put question to a case of master and servant, all the parties in this it, " The bill of exchange being drawn by the shippers and accepted case were put to the trouble and cost of two trials, when the by the plaintiffs against the consignment, that consignment whole matter might have been very well settled on the first occa- immediately became an equitable security to the plaintiffs sion but for the rule in question. If the woman who was seduced, for the amount of their acceptance, and they would have been and to whose father the jury awarded damages in the second entitled to have the cotton appropriated for their reimbursement. action, could have brought an action for seduction in her own And his Lordship added, “The equitable interest of the plaintiffs, right, the two causes might have been joined, and all further after coming under acceptance against the shipment, trouble have been avoided. On what grounds such an anomaly is perpetuated it would be difficult to say, except that it has become any particular portion of the cotton, but in the whole and in every part of it; and no portion of it could have been withdrawn without venerable by age. It has been commented on over and over again, diminishing their security.” The court was equally divided in and nothing but the aversion of the Profession from all changes this case, and Mr. Justice Brett did not agree with the Lord Chief in what they have become accustomed to could have kept such a Justice and Mr. Justice Denman as to the ownership of the goods rale in force. The rule amounts to this, that the party really “This contract and position of affairs," said Mr. Justice Brett, “did injured has suffered no injury sufficient for the law to notice, but not pass the legal property to the plaintiffs, for that was still in that her father, or master, who has lost her services, can bring the National Bank of India. It did not give a present right of an action for such secondary and inferior loss. This loss of service possession of the bill of lading, or even a right of possession of the may be of the most trifling description. In one case, indeed, tried cotton on arrival. Until the acceptance should be met I by Chief Justice ABBOTT, his Lordship held that the loss by a should apprehend that the plaintiffs could not be held to be either father of his danghter's services in making tea was a sufficient legal or equitable owners of the cotton.” loss to enable him to maintain this action. But when the loss of It will be useful at this point to notice another case not having service has once been established, then damages are heaped up on reference to marine insurance, namely, The Bank of Ireland v. otlier grounds, and this practice had become so inveterate in Lord Perry (L. Rep. 7 Ex. 14). There the question was whether ELLENBOROUGH's time, that he said it could not be shaken, So that acceptors of a bill of exchange drawn against a specific cargo were the damages given frequently include an appraisement by the jury entitled to have the proceeds of the cargo in the hands of the bill of the moral delinquency of the defendant, and the injury and holder applied to take up the acceptance. There was a double dishonour sustained by the real plaintiff and her family. Is it not insolvency-of the drawers and acceptors of the bill-and without time that a rule of law, which places a father's inconvenience in having to make his own tea above the loss of his daughter's judgment of Baron Cleasby who expressed his view of the con: going into the particular facts of the case, we would refer to the virtue, and the dishonour they both suffer, should be abrogated, struction to be put upon the case of Er parte Waring (19 Ves. 345), and the seduction itself be made the ground of action, if any such and the cases which have followed that decision. He said, " I may actions are to be allowed ? There are some who think, however, illustrate by an example what I conceive to be the effect of these that such actions should not be maintainable, the consent of the authorities. Suppose A. and B. are drawer and acceptor of a bill woman taking away the right of action. Whichever opinion pre- discounted by a bank, and by the agreement between them of vails, it is very desirable that the law should be placed on a which the bank at the discount time is utterly ignorant, a reasonable footing, and that juries should not import into their certain sum of money or the proceeds of a certain cargo is to be verdiets damages for injuries quite distinct from the ostensible applied in discharge of the bill, then, in the event of there being one on which the verdict is founded. a forced realization of assets of those two estates, that sum of as was not in a |