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knife for crimping fabrics in a sewing machine ; societies was called to the Bill by means of united
and the third, for the peculiar manufacture of action of the Associated Northern Provincial Law (By C. Higgins, Esq., M.A., F.C.S., Barrister-at-Law.) crimped or plaited frills or trimmings “ as herein. Societies after it had passed the Upper House. COMPLETE SPECIFICATION.
before described” and illustrated by a drawing. The disposition thus shown to discuss matters
Held, first, that the patent was not for the manu- affecting the Profession, which it is proposed (Continued from p. 250.)
factured product, but for the process of manu- to deal with by legislation, cannot be too Simpson v. Holliday. 1866.-A patent for "im. facturing it; secondly, that the patent was not strongly commended, and we congratulate the provements in the preparation of red and purple limited to the manufacture of plaited fabrics by association their energy in the matter, dyes,” thus described the process : "I mix aniline the knife in combination with a sewing machine. Among the other subjects referred to in the with dry arsenic acid, and allow the mixture to The title of the patent being for improvements report are The Custody of Infants Act (36 Vict. stand for some time, or I accelerate the operation in the manufacture of frills or ruffles, and the c. 12), The Intestates' Widows and Children Act by heating it to, or near to, its boiling point, until provisional specification describing the invention (36 & 37 Vict. c. 52); the question of profesit assumes a rich purple colour." It was proved as relating to a particular manufacture of frills sional remuneration, which has attracted the (and not denied by the patentee) that it was ne- and ruffles, the complete specification described attention of most country societies; the subject cessary to apply heat in order to produce the the invention as relating to a particular manu. of the organisation of the Profession; reference colour ; but evidence was given that à competent facture of frills, ruffles, or trimmings. Held, being made to the valuable paper on this subject, workman would apply heat. Held, however, that that this was no such material variation as to read by Mr. Marshall, of Leeds, at Birmingham, in this description in the specification was bad, and render the patent invalid. Kelly, C.B., said: “A October last; and also to Mr. Saunders's paper the patent founded thereon was invalid.' (13 third point made is that there is an inconsistency on the subject of the amalgamation of the two W. R. 577 ; 12 L. T. Rep. N. S. 99; affirmed in between the provisional and the final specifica- London societies. The committee direct attenthe House of Lords, L. Rep. 1 H. L. 315; 35 L. J., tion, the word 'trimming' not being added in tion to the Bills of Sale Act as regards trade N.S.,Ch., 811.) Westbury, L.C., hearing the case on the latter. But by whatever name it is described, fixtures, especially referring to the case of Begbie appeal from Wood, V.C., in the course of his judg. the thing is in itself identical ; it is something y. Fenwick (24 L. T. Rep. N. S. 58) upon this sub. ment, said: "If the true construction of the specifi
. attached to any part of the dress, either of ject. The report in many respects proceeds cation be, that two distinct processes are described men or women, whether it is called the frill in the same groove as that of the Birming. as being both efficient, and are both claimed as part of a sleeve, or the ruffle of a shirt, or the ham Law Society, whose annual report we of the invention, but one is found upon trial to be trimming of a lady's dress. These are all dealt with last week. It is worthy of observation inefficient and useless, it is plain that the patent ejusdem generis, and the description is only impor. that Mr. Samuel Unwin has discharged the labo. has been granted on a false suggestion, and is, tant for the purpose of showing for what purpose rious duties of honorary secretary of this associatherefore, invalid and bad at law. When it the product may be ultimately used when it has tion since 1864. If every member of the Profesis stated that an error in a specification which been manufactured by means of the plaintiff's sion would bestow a tithe of the time given by any workman of ordinary skill and experience invention.” Channell, B._"One of the objections this gentleman in endeavouring to advance the would perceive and correct, will not vitiate a turns on the form of the specification, the final interests of solicitors in a similar way, our posi. patent, it must be understood of errors which specification going, it is said, beyond the provi- tion would undoubtedly be far more consistent appear on the face of the specification, or the sional. I do not think it necessary to discuss with the power and influence which, as a body, we drawings it refers to ; or which would be at once in general the relation of the provisional and undoubtedly possess. discovered and corrected in following out the complete specifications. In the view which I take instructions given for any process or manufacture; of the circumstances of the case that question and the reason is, because such errors cannot does not arise, for there being no proof or sugges- The office of President of the Council of the possibly mislead. But the proposition is not a tion of fraud, I do not think that there is any Incorporated Law Society of the United Kingdom corroct statement of the law, if applied to errors such extension of the claim in the final specifica is fortunately at present filled by one of the most which are discoverable only by experiment and tion as disables the plaintiff from claiming this as competent as well as energetic members of our further inquiry. Neither is the proposition true a good patent.” (L. Rep. 5 Ex. 37; 39 L. J. Profession. Mr. F. H. Janson, on Tuesday last, of an erroneous statement in a specification Ex. 97.)
read before the Statistical Society a paper of amounting to a false suggestion, even though the Arnold v. Bradbury. Ch. 1871. – Where a equal value with others that he has already con. error would be at once observed by a workınan patentee, in his specification, professes to do by tributed. The title is
, “Some Statistics of the possessed of ordinary knowledge of
the subject. machinery what has never been done before by Courts of Justice and of Legal Procedure in With respect to the rules that govern the con machinery, and describes the machinery by which England," and the author has appended tables struction of specifications, they are the ordinary he does it,' his claim is not too large on the face containing valuable information, amongst other fules for the interpretation of written instruments, of it, because it claims generally to perform the things, a return of the proceedings in the Court having regard especially to the fact that the speci: operation by machinery." A patentee in his of Chancery, for the year ending 1st November fication must clearly fulfil the obligation imposed specification described an improved ruffle or frill, last, and similar returns as regards chamber on the patentee by the proviso contained in all and the machinery by which he proposed to make business. Although Mr. Janson has not sup. letters patent, viz., that the grant shall be void such improved ruffle, and to fasten it to a plain plied any information except that contained in if the patentee shall not particularly describe and fabric by a single series of stitches. By his the appendix which is not generally known, ascertain the nature of his invention, and in what claim he claimed the production by machinery yet it is clear, from the exhaustive way in manner the same is to be performed.' It is thero- of ruffles, and the simultaneous attachment of which he has dealt with his subject, that he is fore made a settled rule, that the specification them to 'a plain fabric by a single series of thoroughly alive to the great responsibilities must be so expressed as to be perfectly intelligible stitches. Held, that the claim was not, on the which devolve upon him in connection with the to a workman of ordinary knowledge, and it must face of it, too large. (24 L. T. Rep. N.'s. 613; office which he fills. One of the most interfollow that if there be any obscurity or ambiguity L. Rep. 6 Ch. 706.)
esting features of the paper, which will, no in the specification which is likely to mislead, this Neilson v. Betts. H. L. 1871.-After a patent doubt, be shortly published in extenso by the defect ought not to be helped by any refined or has stood inquiry and the test of time, courts do Statistical Society, is the reference to our own secondary interpretation of the language. It was not encourage verbal objections to the form of the profession,
" whose remuneration,” says Mr. contended before me, and the Vice-Chancellor is specification. (L. Rep. 5 H. L. Cas. 1; 40 L. J. Janson," is regulated to some extent by a scale reported to have said, that it has been settled by Ch. 317 ; 19 W. R. 1121.)
fixed at the beginning of the present century.” authority that the most liberal construction is to
The author of the paper refers to the power of be given to the patent that will sustain it, especially
the judges to strike attorneys off the roll, in those cases where the court is satisfied that the
and wisely suggests that this power might be invention is really new and useful. If the words,
SOLICITORS' JOURNAL. safely entrusted to the council of the Incorpothe most liberal construction' are intended to
rated Law Society. Although pressure on our denote some principle of interpretation different In addition to those solicitors named by us in our
space prevents our referring in our present issue from the ordinary rules for the construction of last issue as having been elected to serve in Parlia- to other subjects named in the paper, we hope to written instruments, I am not aware of any such ment, we have to record the name of Mr. P. E. do so on a future occasion. authority."
Eyton, elected for Flint. This gentleman, ad. Parkes v. Stevens. 1869. - The sufficiency of a the public appointments in that town usually The Secretary of the Incorporated Law Society
has specification is not a question of law, but a ques. bestowed upon Bolicitors, and it may be expected of Ireland (Mr.
J. H. Goddard) has found time, patentee has taken out a fresh patent for improve to co-operate with the other solicitors in the House upon him, owing to the unceasing action of the ments on his original invention it is sufficient if
, to advance and protect our general interests. In council of that society, to protect and advance the artisan would have no substantial difficulty in for Chippenham, was misprinted “Golding." our last issue tho name of Mr. G. Goldney, M.P. interests of solicitors, to edit a work entitled
“ Oaths in Chancery (Ireland),” being a very ascertaining what was claimed. Sir W. M. James, V.C., in the course of his judgment, said: “It is
useful guide for commissioners in that court; obvious that a patentee does not comply, as he WE publish in another column the thirty-fifth
containing numerous forms of jurats and oaths, ought to do, with the condition of his grant, if the annual report of the committee of the Manchester together with instructions and observations. improvement is only to be found, like a piece of Incorporated Law Association for the past year, gold, mixed up with a great quantity of alloy, and which was read at a meeting of the members of A DUBLIN solicitor informs us that applications if a person desiring to find out what was new and the association recently held. We are glad to by English solicitors to be appointed commiswhat was claimed as new, would have to get rid of notice its prosperous condition, both in regard to sioners for oaths in the Irish courts have been a large portion of the specification by eliminating the number of its members and the state of its several times lately made without success, with from it all that was old and common-place, ali finances. As may be expected, the first question one exception, in the case of a London solicitor; that was the subject of other patents, or of other dealt with in the report is the Supreme Court of who received such an appointment from the Irish improvements, bringing to the subject not only Judicature Act, the provisions of which are Court of Chancery – while, in fact, there is the knowledge of an ordinarily skilled artisan, regarded by the committee as an improve- no utility in such an appointment since the but of a patent lawyer or agent, (L. Rep. 8 Eq: ment on the present system; “but,” says the Act 30 & 31 Vict. c. 44, sect. 81, came into 358 ; 22 L. T. Rep. N. S. 635; judgment affirmed report, “ the necessity for securing district regis. operation, by which English Chancery Commis: L. Rep. 5 Ch. 36).
tries in Lancashire (before the suitors were de- sioners can take Irish Chancery affidavits. Not Wright v. Hitchcock. 1870.-A patent was taken prived of the benefits afforded by the Common Pleas content with refusing such applications, which as out for "Improvements in the manufacture of at Lancaster), and of granting greater facilities for regards common law, and, indeed, all legal busifrills or ruffles, and in the machinery or ap- the trial of causes in Manchester and Liverpool negs in Ireland, ought, we think, to be granted for paratus employed therein." The specification should be urged on the Legislature." We are the convenience of suitors and others living in described a process of plaiting fabrics by means very glad to notice from the report that combined England and Wales, and who are, in one way of of a reciprocating knife in combination with a action was taken by the committee of this asso- another, interested in legal business in the Irish sewing machine. The first claim was for the ciation and the Incorporated Law Society of courts - the courts actually condemn the un. general construction, arrangement, and combina- Liverpool with
a view to extending and
improving successful applicant in the payment of the tion of machinery for producing plaited frills or the district registry clauses so as to provide for costs of those who in their trimmings in a sewing machine ; the second was for the application and use of a reciprocating seems also that the attention of many other law application, even if not opposed, is most
formal, as we have pointed out before, and most of them constitute firms of the highest RULES OF PRACTICE AND PROCEDURE it is necessary to have both counsel and attorney standing. It is an anomaly similar to that UNDER THE JUDICATURE ACT. present in open court to support an application referred to by us in a recent issue as regards The following is a report of the discussion which which ought-following the mode in which similar agents who conduct the business relating to followed Mr. Dowdeswell's paper which we pubcommissions are issued by English judges to Indian appeals heard before the Judicial čom. lished last week : English applicants-to be granted, as of course mittee of the Privy Council.
Mr. E. Kimber thought that Mr. Dowdeswell where the applicant satisfies the judge that he
was entitled to the gratitude of each branch of is fitted, by good reputation and by practical experience, for the office. We say advisedly
NOTES OF NEW DECISIONS.
the Profession for the way in wbich he had
handled this subject. They were informed that that much inconvenience and pecuniary loss ARBITRATION-AWARD-COMPLAINT — LIMIT three gentlemen were now engaged in framing is occasioned to the public and the Profession OF TIME FOR COMPLAINING_9 & 10 Will, 3, rules. But he (Mr. Kimber) thought it was only in this country by the formal and expensive c. 15, $. 2.-The last day of term is not within by the combined expression of the opinions of the process required by the antiquated rules the limit of the time fixed by 9 & 10 Will. 3, c.
Profession that any public good could be accom. still in vogue in Ireland relating to such ap. 15, s. 2, for making complaint of corrupt or undue plished in this direction. It seemed to him to be pointments as those to which we again direct practice in making an award on an arbitration. absurd to suppose that any three gentlomen could attention. In comparison with larger questions Complaint is made on the day on which notice of do justice to the subject without some communi. of interest to the Profession, this is no doubt of motion to set aside the award is served. Harvey cation with the members of the Profession and small import; but that is the very reason why it v. Shelton (7 Bed. 455), not followed: (Corporation the societies. Such a work, to be effectually should only be necessary to direct attention to it of Auddersfield and Jacomb, 29 L. T. Rep. N. 8. done, would be a very serious tax upon their time in order to insure a speedy rectification. The 824. V.C.M.)
and health. In the question of notices, he quite Irish judges have only to issue frosh rules on the BILLS OF EXCHANGE Act 1855, s. 2—PETITION agreed with the writer of the paper, and thought subject and the necessary reforn is accomplished. FOR LIQUIDATION
REFERENCE. that in the simple delivery of the notices there Money paid into court under the Bills of Exchange was security enough. For instance, the present
Act (18 & 19 Vict. c. 67), pursuant to a judge's “notice to plead” at common law was one of the We hope that some one or more of the several soli- order to abide the event of an action then strongest proceedings that could possibly be citors returned to Parliament will take steps with a pending, forms no part of the debtor's estate, but taken. It was given under the hand of the plainview to the repeal of sect. 37 of 6 & 7 Vict. cap. 73, is a security to the creditor for the payment of tiff's attorney, without any filing or proof of ser. which prevents solioitors commencing an action the amount recoverable in the action, notwith. vice being necessary, and yet, if no plea came in for fees till one month after delivery of their bills. standing that the matters in dispute in the action within eight days, judgment could bo signed, and To us it is surprising that solicitors should have have been referred, and bankruptcy supervened execution issned forth with. The security against so long suffered under this now unnecessary im. before any proceedings are taken in the matter of the misuse of this gigantic but simple power is position. Small bills of costs are constantly lost the arbitration : (Ex parte Tate and Co; re Key: the responsibility of the attorneys on both sides. to the members of the Profession, through their worth, 29 L. T. Rep. N. S. 849. Bank.)
For, if judgment and execution took place without being deprived of the ordinary right enjoyed by all other creditors. In these days the principal BY NEGLIGENCE-ACTION FOR NOT APPORTION
COMPROMISE OF ACTION FOR CAUSING DEATH such notice, the plaintiff would be liable to an operation of the enactment is to open the door ING DAMAGES-9 & 10 VICT. C. 93 ; 27 & 28 Vict. again, would have his remedy against the attorney.
action for damages by the defendant, and he, for the perpetration of fraud upon our branch of C. 95.-The declaration alleged that defendant Besides that, the judge would immediately set the Profession.
had brought an action as administrator of the aside such judgment, with costs against the
plaintiff's mother, whose death was caused by the attorney, to be paid personally, as an officer of REFERRING to the report of the committee of the negligence of a railway company, against the the court. The consequence is, such a thing as Birmingham Law Society, published in our last railway company, for the benefit of himself and the misuse of this process is never heard of. He issue, upon the subject of the “ requiremont of the plaintiff, according to 9 & 10 Vict. c. 93 ; could not conceive why all the forms of procedure written authorisation for payment of money to that defendant, under 27 & 28 Vict. c. 95, com- could not be governed analogously by the same solicitors," their observations will, we feel sure, promised the action for a lump sum of money, form. The notices to admit and to produce he occasion much surprise to members of the Pro without any apportionment by a jury of the looked upon as very useful, and as proofs that no fession in other parts of the country, not only amount of damages payable to the piaintiff in filing or issuing were in any way necessary for because in many counties the rule requiring such respect of his interest; and that defendant the most responsible proceedings. All these written authorisation obtains, as a matter of received the whole of the said sum, and retained things proved that there was no necessity for course, but also because of the delicacy evidently it to his own use. Defendant pleaded that he, filing or issuing even a writ, or entering an appear. felt, at all events by a part of the Profession in being plaintiff's father, had sued the said railway ance, but certainly not affidavits. As solicitors Birmingham, in connection with such require company in two actions, one for causing injury to were responsible officers of the court, a claim or ment. Of all business men, solicitors should be himself, and the other under the statute men. the most business-like, and surely it is nothing tioned in the declaration on behalf of himself, defence, was all that was necessary. In nine
summons, under their signature, and a notice of less than absolutely necessary that such written the plaintiff, and another child of defendant; the cases out of ten, the original summonses and office authorisation should be given and required under judgment in both actions was obtained in default copies were never asked for. The court even such circumstances as those contemplated by the of plea, that he compromised the said actions for often relied upon copies in counsel's briefs. It committee. The question of suggested doubt or the amount mentioned under a judge's order, in was done every day. "Why, therefore, cannot the distrust being implied from such a requirement, good faith, and believing the terms of the com. Profession be made completely responsible to one ought not in our opinion to have been considered promise to be the best he could obtain; and that another for the proper conduct of business?. In either by the committee or the meeting of the
no division or apportionment of the said money motions the common law practice might take a society to whom the report was submitted. was ever required or made : Held, that under the leaf out of that of equity. It was a monstrous
circumstances stated in the plea, no action was thing to allow a man to make a public ex parte From numerous inquiries which we have received maintainable at law : (Condlif v. Condliť, 29 application, it might be against persons ofemi
nence and unimpeachable character, simply for we gather that many articled clerks who intend L. T. Rep. N. S. 831. Q. B.).
COVENANT BY Two PARTIES, TO BE PER- the purpose of libelling and injuring their reputa. presenting themselves for final examination next Michaelmas Term are in doubt as to whether they INSUFFICIENT. -The defendant and F. M. coveFORMED ON NOTICE--NOTICE TO
for even when the application was refused, will be examined inter alia upon the subject of nanted with the plaintiffs that they would, upon a thing were allowed in the Chancery Court,
the object in view was gained. Supposing such the Suprone Court of Judicature Act. The Act receiving six months' notice in writing, pay to every one would loathe the administration of jus. may or may not then be in operation, probably the plaintiffs two several sums of money. Notice tice. not. Yet the asking, of questions upon it does to pay one of the sums was given to the defendant not depend upon whether it will at the time be in only. Held, that the notice ought to have been quiring an appearance to be entered in a public
Mr. E. C. Dunn thought that the object of reno question will be asked upon it if its operation siven to both the covenanting parties, and that a office seemed to have been rather lost sight of by
notice to the defendant only was insufficient: the last speaker. The appearance gave notice that is postponed, the more so as it has not in recent (Moul v. Moul, 29 L. T. Rep. N. S. 81. Ex.) the proceeding was defended, and of the place examinations been referred to by the examiners. On the other hand, should such questions be asked,
INFANT-RECOVERY OF MONEY PAID UNDER where notices not requiring personal service were
PARTNERSHIP AGREEMENT they can only be those to be answered by a careful
to be served; and it surely was useful that it consideration of the Act itself.
AGREEMENT BEFORE MAJORITY-FAILURE OF should be entered, so as to be of record, and where
agreed with the defendant in writing to buy one a proceeding could discover whom he would have A CORRESPONDENT writes to us upon the subject half share of a public-house business of the to serve with notice of his application, and at of the large number of prosecutions conducted defendant, agreeing to pay an instalment of the what place. It was also necessary that summonses principally before magistrates throughout the purchase-money at once, and the balance at a should be issued from the judges' chambers. It country by supervisors of excise and other offi. future uncertain time, the defendant to provide would never do to allow the parties to fix, without cials connected with the several public depart- board and lodging for the plaintiff and his wife, any reference to the state of the business at the ments of the State. The writer urges that these and the plaintiff not to receive any fruits of the chambers, any time they pleased for their attend. prosecutions ought only to be conducted by mem partnership until the balance should be paid. The ance there. "It was necessary that the person bers of the legal Profession, who should be plaintiff paid an instalment of the purchases making the application should know when it appointed to undertake the work. Except for money, and went with his wife to board and lodge could be heard. This was attained by the attend. the expense which such a system would occa. with the defendant, and shared the management ance to issue the summonses, and the summons sion we should certainly agree with our corre.
of the business, but afterwards, and before his itself was the notice to be served on the other spondent, and no doubt many of the prosecu. majority, rescinded the agreement. Held, that parties to the proceeding, of the appointment tions which take place ought, in all propriety, the plaintiff might, in an action for money had which had been given by the judge. to be conducted by professional men.
and received, recover back the instalment paid Mr.: Edgar thought it must be admitted that, under the agreement, less the amount expended where actions were defended, there were very con.
by the defendant in providing board and lodging siderable advantages in the entering of appear. A DISTINGUISHED member of the higher branch for the plaintiff and his wife : (Everett
v. Wilkins, ances. The effect of the introductory part of the of the Profession, a member of the Commons 29 L. T. Rep. N. S. 846. Ex.)
18th Rule appeared to him to be that, where the House of Parliament, calls our attention to the PRACTICE-LANDS CLAUSES CONSOLIDATION defendant admitted the claim and did not require fact that it often happens in Parliamentary busi. Act 1845, s. 69-FUND IN Court-PAYMENT OUT the delivery of the statement, it was open to him ness, dealt with before select committees of the TO TENANT IN TAIL-DISENTAILING DEED- to make a statement of defence, the nature of the House of Parliament, that while one side is repre- SURVIVOR” OTHER.”—A fund in court, claim of the plaintiff being disclosed in the writ sented by a distinguished silk gownsman, the other representing land purchased by a railway com. of summons. He agreed with the observations may be, and often is, represented by those who are pany by agreement, for the purposes of their that had been made, that the filing of so many not members of the legal Profession. No doubt undertaking, will be paid out to a tenant in tail
, things was entirely unnecessary. . But it was many Parliamentary agents are not solicitors, and without a disentailing deed having been executed obvious there was no option for the framers in the it may be fairly urged that they ought to be. On Re Butler's Will (L. Rep. 16 Eq. 479) not fol. matter of the statements of claim and defence the other hand, the work undertaken by such lowed: (Re Row's Estate, 29 L. T. Rep. N. S. 824. under the 18th rule. There would be under the agents is of comparatively recent origin, and 'v.c. M.)
Act two sets of rules--one framed before the Act
reme into force, and those which it would be in under discussion as the greatest step that had yet and the effect of their findings; it might be the power of the judges to frame when this took been taken in law reform. The divisions of the difficult to say how far the rules could affect place. They had the power given them by the Act suits as suggested, according to some arbitrary the findings of referees, but it was highly to modify the rules, and in that way they might and hard-and-fast rule, would have been entirely desirable that the court should have power to walter the rules in the schedule, and dispense with fatal to the measure. Each court should work review their findings on questions of fact, a duty filing in the case of claims and defences. To his out its own proceedings, and there should be no of which the courts had got rid as regards the wind it would be better to assign all merely legal power of transference to another court. The present system of compulsory references, by de
pleims to the jurisdiction of the three Common client having selected his tribunal, with which oiding that the finding of the master on a com. Law Divisions, rather than, as the Act does, to choice there should be no interference, ought to pulsory reference stood upon the same footing as Leave it open to plaintiffs to take them into the have his whole case disposed of by the tribunal so the finding of an arbitrator chosen by the parties, Chancery Division. It was advisable to make as seleoted. The first step should be the statement and was final, both as to law and facts, the courts little disturbance as possible in the existing of the claim, whether a writ or action. A man should have power to review the findings of resystem. He quite agreed that the great power should not be allowed to go into court without ferees, both as to law and fact. There was great given to the judges to modify the whole system of some distinct statement of his claim, and be able dissatisfaction all through the Profession with procedure ought to be carefully watched; but he to make one claim one day and another on a suc. regard to the present system of references to thought its results were likely to be beneficial. ceeding one ; he should not be able to shift his masters. In the appointment of local registrars, There would be some difficulties at first in the ground. A succinct statement of the claim should care should be taken that attorneys practising in working of the Act, and it was a great thing that be put into writing, and by this the plaintiff the locality should not be appointed, and every tibe power of remedying any defects which experi. should be bound. That he could shift his ground possible facility should be given for appeals from once disclosed should be vested in the judges, would be a scandal. He (Mr. Webster) thought them, if they were entrusted with any judicial without the necessity of going to Parliament for it was necessary to have the proceedings filed. duties. As to appeals, the appeal court should mending Acts.
The first plaint and the answer should be on be as open to a litigant as a court of first instance. Mr. A. E. Miller, Q.C., thought there were record. This he conceived to belong to the first Security for costs should cease to be a condition advantages in filing both pleadings and affidavits. principles of the administration of justice ; and in precedent to the right of appeal; but power should The Registrar's Book in Chancery had been found regard to printing, it might be laid down as a be reserved to the court or a judge to stay an to be extremely important when questions as to general rule that when six copies were required, appeal until security be given, in the case of the effect of proceedings had arisen at a subse- printing was cheaper than writing. If there were appeals which were clearly groundless and vexaquent period. He could not think that any hard. affidavits, they ought to be filed as a record of tious; such a power, however, should not be given Ship was inflicted by requiring the deposit of what was stated. The entering of an appearance to the local inferior judges, whose decisions were one copy of every pleading in a public office-its must be done in some matters, either to confess appealed against, many of whom, judging from cost was inappreciable. The filing of affidavits the action or to defend; there could be no diffi- the experience of some County Court judges, was of great consequence in some cases. It ob culty from that source. He did not share in the would uphold their judgments by all possible viated the necessity of hunting up solicitors in opinion expressed by a former speaker, that the means. It might, however, be well to provide for cases which had been settled, and information framing of rules of procedure would be beyond some certificate from the inferior judge being progought was by this means ready at hand. He was the capacity of three gentlemen of sense and expe-duced before the court on an application to stay quite of the opinion that in most cases office copies rience. The existing procedents need not be an appeal till security for costs were given. The were of no use; but he had occasionally found wholly disregarded; a change similar to the one appeal from local tribunals, and in all other cases, great discrepancies between the affidavits of two we were considering had been in existence for should be inade speedy and easy, and should not, apposing counsel, and in this case the office copy some time in New York, and was found to be a as now, be only the luxury of the rich. Appeal by wes of use, as the only umpire. But generally vast improvement upon the old system, that the special case should also be put an end to, except the opposing sides had copies which could be Hon. David Dudley Field, in reply to a question where it is adopted by mutual consent. He agreed
trusted. In regard to the divisions for business, from the chairman at the congress at Norwich, generally in the views expressed by Mr. Dowdes: sad matters in the nature of concurrent jurisdic- on being asked whether there was likely to be a well in his able and suggestive paper, and par,
tion, the first proposals had been somewhat modi. return to the old system, said, "You may as well ticularly in the opinion that, as the course of legal Sied in passing through parliament. The object thing of reversing the current of Niagara.” proceedings were made easy and inexpensive, the kept in view had been fusion and not division. C. W. Ryalls said that he thought there were recourse to them would be the greater. "There would be at first a difficulty in getting cases some objections to the statement of the plaintiff's The Chairman said the question of giving the in the common law division, and also in getting the case being contained on the citation, whether court power to review the findings of a legal arbi. Judges to act ont of the way in which they have the citation took the form of a writ of summons trator on the merits, required great consideration, been accustomed to act. If there were hard and or any other form. Many actions were commenced as it would open the door afresh to all the litigation fast dividing lines of jurisdiction, there would be which never advanced further than the citation which his award had closed. In the case of a no power of making a selection of the division, or writ. If the cause of action were set out in the verdict by a jury, it was necessary the court should 20cording to special circumstances. The more it citation, then the costs of the citation must be very have this power on account of the mistakes which was left open to parties to choose the division considerably increased, because the statement they often fell into through want of experience and into which they might see fit to take their cases, must, in many cases, be somewhat lengthy, if it ignorance of the law; but this did not apply to a the better. He quite thought it was a great hard. were full and sufficient. Such a statement would legal referee; and it might be better to hold his ship on the plaintiff that he could not get dis- be unnecessary where there was no intention of verdict final, on the principle, “ Interest reipub. covery from his opponent at law, except under contesting the plaintiff's demand, and the cost licve ut sit finis litium,” subject to any points of • Certain conditions. On the other hand, the pro. and trouble of making it ought to be saved. law which might be stated in a special case. Also, ceedings in equity were often very oppressive to the citation and the pleading ought to be kept the majority of cases decided by arbitrators defendants, as plaintiffs unnecessarily resorted to distinct, and nothing could be gained by uniting would be cases of account, which the court cannot this most expensive way of getting admissions them. There was much difference between filing deal with without enormous waste of time. Mr. from the opposing side, which were often so quali affidavits and being compelled to take copies of Webster had objected to the double proceeding of Sied as to be useless. The schedule to the Act hit them when filed. If affidavits were used they a writ and declaration or bill, and proposed to disthis difficulty, and he believed in the best way. should be filed; and all proceedings in a cause pense with the writ; but he thought Mr. Webster A man by this could file his interrogatories, re. which was decided should be filed, though there had overlooked the fact that, out of ten writs issued quiring most minute details from the defendant, was not the same necessity as to those which were
not above three or four ever came to a declaration, as to every point he alleged, but if the court never adjudicated upon. Some effectual pro- being settled before declaration. So that if a
thought his conduct vexatious, he might be made vision should be made against speculative inter- declaration or bill were obliged to be served to pay the costs, even though he succeeded in the rogatories. It was right that parties should have instead of a writ, the expense of drawing & desuit.
the power of delivering interrogatories without claration by a pleader or counsel would be unMr. J. Sewell White expressed his concurrence obtaining the leave of the court to do so; but necessarily incurred in a great majority of cases. in Mr. Dowdeswell's views as to the principles it must be remembered that speculative actions He could not see any reason why proceedings which should guide the framers of the rules under have been used by reckless people as a means of should be both filed and delivered; for out of a the new Act. He thought there should also be extortion and vexation, and it will become intole- hundred actions, there was not the slightest necesemple provision for amending the proceedings at rable if reckless suitors are allowed to cause the sity generally that one of them should remain on sny stage of the cause, and for adjourning its additional expense of lengthy interrogatories. record. Full ninety-nine out of a hundred of further hearing on reasonable terms, where such The most important question for consideration those preserved in the Record Office were nothing * course was necessary to prevent the surprises with reference to the rules to be drawn under better than waste parchment. Affidavits were which a liberal exercise of the power of amend the Act arose with reference to those provisions filed for the reason of securing evidence in cases ment might sometimes occasion. He did not of the Act which were similar to other previous of perjury. If these were kept by the parties agree with a former speaker that an entry of provisions in former Acts of Parliament, and themselves there would be no available evidence appearance by a defendant was a superfluous which were as yet unrepealed, except so far as to procure a conviction for this crime. In regard step. It was an indisputable notice of an im. they might be inferentially repealed by the to the system of pleading, the result of the new portant act. Neither did he agree with the state. Judicature Act; take, for instance, the Sum. Act, he thought, would be to give more employ. ment that the filing of affidavits was unnecessary. mary Procedure on Bills of Exchange Act, and ment to special pleaders and junior counsel than It pinned the depositions to the order of the rule 7 in schedule to Judicature Act. An Act at present. When in a trial for any liquidated court, and prevented a misuse of them, which should be passed repealing all former procedure demand a defendant did not appear, he thought might easily be made if a laxer practice prevailed. Acts, and a complete code of procedure should judgment should go by default without putting As to model pleadings and forms, he believed they be found in the Judicature Act and in the rules the plaintiff to proof. He had seen, in such a were generally disregarded by the draftsmen. to be passed in pursuance of it, so that there case, a learned judge acting as counsel for the Sach was his experience of the forms published in may be no possibility of suitors being com- defendant, and exhibiting a mischievous ingenuity
the Pleading Rules of 1845, the Rules for Claims pelled to ascertain by legal proceedings which in picking holes in the evidence. In such a case, riu Equity, and the Indian Code of Civil Procedure. Act of Parliament is repealed, and which is not. why should not the plaintiff be entitled, without fle hoped that under the new rules common As to the arrangement of circuits under sect. 68, further ceremony, to a verdict for the claim, procourts and general forms would disappear, and it might be well to hold the circuits immediately vided it were a liquidated one? He would suggest that, whilst ample opportunity was allowed to before instead of immediately after the sittings that it might be a desirable thing for the gentleeither party to examine his opponent before the of the full court in London, when all points re- men who were engaged on the work under con. hearing by interrogarories on the material points served could be determined' at once, and with sideration, to circulate amongst the members of of dispute between them, the practice of interro- out the lapse of a long vacation between trial the Profession a few queries on any questions of gating a party upon a written statement of the and motion, on leave reserved or for a new trial. doubt. By that means they might obtain some case drawn up by his opponent would be put an If the present long vacation should be continued, valuable suggestions. end to. As to ejectment suits, he thought there a court should sit for this purpose immediately Mr. H. N. Mozley thought that in the class of wonld be no greater difficulty in dealing with them after the end of the circuits. Where leave was cases in which the defendant could plead or demur, ander the new rules than with other suits, and he given to move by the judge at the trial, there it was a question whether the Chancery practice should have liked to have heard from Mr. Dowdes- should be no necessity of a rule nisi ; but notice should not prevail. well the precise nature of the difficulties which of the motion should be given, and the point Mr. Rose was of opinion that, as regarded the the appeared to apprehend.
should be at once argued and deter- public in general, the present was a most disMr. Thomas Webster, Q.C., regarded the Act' mined. Sects. 58 and 59 provided for referees' astrons Act. The practice of the Common Law
and Chancery had hitherto been so certain that a Ferris, John Henry Perrse, William Buid BREWER (John), Wimborne, Dorset, grocer and baker. most ordinary practitioner was able to conduct Geary, Frank
Phelan, Wm. Henry
March 4; Thos. Rawlins, solicitor, Wimborne. March Pile, Richard Parris
18; V. C. H. at one o'clock. his case from the beginning. But the Act
of Par. Gibbons, Herbert Henry liament reduces the two branches of law to chaos. Godfrey, Josh. Wallace
CHALON (Thos, B.), formerly of Red Hill, near Herefor!, Powning, William Chas.
late of Stuttgart, Wurtemberg, formerly & Lieut.-C. There were certain grievances which might have Grant, Thomas A.
and Brevet Col. in the 16ta Reg. of H. M.'s Indian Force
Pulteney, F. Basil, B.A. March 27; T. W. Nelson, solicitor, 6, Laurence Pountney been stated and the remedies for them given on Greaves, John
Pye-Smith, E. Fugar
Lane, London, April 16; V. C. B. at twelve o'clock, one sheet of paper. His own impression of the Greenway, William K. Raw, John Frederick DEACON Francis), Cold Harbour-road, Lambeth, Surrey,
Reader, George Act was, that the best thing to be done would be Grimmer, Grantley C.
March 7; F. W. Arkcoll, "olicitor, 190, Toole) to repeal it. It was, he thought, impossible to Haines,'John Playdell w. Rice, Edward James
Rhodes, Robert Radnall street, Southwark, Surrey. March 21; M. R., at eleven
o'clock. make rules for the Act to work satisfactorily.
FLACK (Abraham), King's Arms, Alersgate-street, LonHammonds, John Alfred Ruddock, N. S., B.A. Mr. Dowdeswell said, that in regard to entering Harting, Robert A.
don, licen ed victualler. March 6; T. Edwards, soli itor,
Ryland, Hy. Woodcock 7, Douchty--treet, Mecklenburgh - square, Middlesex. an appearance in a case where the defendant did Hatton, Frederick D. W. Sadler, Wm. Henry
March 20; M, R., at eleven o'clock. not choose to appear, it was unnecessary to go to Hawes, Alexander Travers Samson, Chas. Leopold FORD (John), 21, Lower Gun-alley, St. George's-in-thethe judges for that parpose and then to file a Hedger, P. F. F. Heaven, Nicholas Gyde Schultz, Geo. Augustus
East, Middlesex. March 9; stone and Co., solicitors, 5, Scott, John Sefton
Finsbury-circus. March 27, M. R., at twelve o'clock. declaration : although the mere fee was small, Henly, Edward Robert
FOWLES (Horatio N.), 27Briton-street, Southampton.
Seago, Frank there were incidental expenses connected with it Hepburn, William Arnold
March 3; Wm. 4. Killby, solicitor, Southampton. March
Simpson, John Millington 17; M. R., at eleven o'clock. which materially altered the amount, He did not Heseltine, Arnold Sinnot, James
GODFREY (Robert W., Beeston, Norfolk, farmer. March suggest that entering appearances generally Hodges, Oliver Thomas Smith, Arthur Joel
2; B. Nurse, solicitor, King's Lynn, Norfoik. March 17 ; should be abolished.
V.C. M., at twelve o'clock.
Hooper, John H., B.A. tering appearances is, that it gives the name
Squire, Hy. Stilwell
GREGORY (Susan), Clarence-place, Dover, spin ster. Feb.
28; Crook and Smith, solicitors, 178, Fenchurch-street, of the attorney or place where the proceed- Hutchings, Robert C.
Dover. March 14, V C. H., at twelve o'clock.
Stallard, Thos. Garrold GWYER (Edmund), 7, West Clifton-terrace, Bristol, mer. ings may be served. Filing the proceedings, Jackson, Charles Edward Stocken, William
chant. March 2; Bush and Ray, solicitors, Bristol. in his own view, as derived from experience at Jaques, William
Sullivan, Jno. Mortimer March 14; M.R, at twelve o'clock. common law, was that it was cumbroas and un. Jennings, Isaac Gaitskill Talbot, John Wm.
JOHNSON (Geo.), Millfield House, York. March 19; O. B. productive of good. Reference to those records Jolliffe, William
Wooler, solicitor, Darlington, March 30; V.O. M., at
twelve o'clock. might in after times settle some vexed questions ; Jones, George Fletcher
Tee, Thos. Joseph
KEKEWICH (Samuel T., Peamore, Devon, Esq., M.P.
Thacker, Clement Phillips but the benefit was not commensurate with the Kent, Osborne C., M.A.
March 18; Chas. J. Follett, solicitor, Exeter. April 15; Thompson, Joseph
V.C. B. at twelve o'clock. burden. He did not see why we should tax living Kerby, Wm.
Thompson, Joseph Clifton LZE. Wm., Sheffield, grinder. March 9; Edwd. Swift, persons for some possible benefit to posterity. Lane, F. Augustus Thompson, Walter Poulett solicitor, Sheffield. March 28; M. R. at twelve o'clock. He was induced to make the last observation as Ledgard, John A. Langley, F. R. Theobald Thornton, Alfred
STEVENSON (Ceo. H.), Hope House, near Ripon, gentleman. Thorold, Geo. A. W.
March 12; H. Calvert, Bulicitor, Masham, near Bedale. to ejectment, because, under the present statute, Lee, Edmund
March 26; V.C.H., at twelve o'clock. judgment might be signed on non-appearance, or Lewis, Wm. Henry
Tilleard, John Alex.
SWAIN (Jonathan 8.), Friskney, Lincoln, farmer. Feb. 27 ;
Torr, Henry Jackson, M.A. Wm. H. Bailes, solicitor, Boston, Lincoln. March 6; a person might defend for the whole or only a Lockyer, Geo., jun. Turner, James
V.C. B., at twelve o'clock, part of the property claimed. Though power was Lound, John Adams Turner, Wm. Rd. Eaton TUCKER (John), Berwick, St. James, Wilts, gentleman.
March 10: Cobb and Smith, solicitors, Salisbury. March given in the new Act to sign judgment for liqui- Macdonald, D. M‘Stephens Tweedy, James dated demands if the defendant did not appear, MacNab, Samuel Perth
20; V.C. H. at one o'clock. Walker, Hugh Mewburn
WARREN (Jas. J.), Eglinton Arms, Upper Maudlin-street,
Walton, John Lawson this was not extended to ejectment. If the defen. Marsden, Geo. Wm., jun.
Bristol licensed victualler. March 5; Jas. Cook, jun., Ward, Chas. Bernard
Bridgwater. March 19; V.C.M., at twelve o'clock, dant, too, upon being called at the trial did not Matthews, R. E.J. Ward, John appear, the plaintiff, without proof, was entitled Meynell, Thomas Henry Watts, Albert to judgment. There were no pleadings, only the Milton, John Howard Webster, Thos, Wilkinson CREDITORS UNDER 22 & 23 VICT, c. 35. writ and defence for all or part. The action under Mitchell
, Chas. Henry Weightman, Wm. Arthur
Last Day of Claim, and to whom Particulars to be sent. the Judicature Act was an entirely novel thing, Morley,'wm.
BAKER (Richard D.), Fort Wiliam, Cork, Ireland, a cap
Whelon, Wm. and no provisions corresponding with them were
tain on haif-pay, in H.M.'s army. March 14; G. A. Baker Newton, Alexander F. Wilde, Ernest James
solicitor, 86, Cleveland-square, London. contained in it. They had been found extremely Nye, John Kent
BLAKE (Frederic), Staverton, Trowbridge, Wilts, farmer, convenient, and he hardly thought those who owen, C. Maynard, B.A. Williams, C. B., B.A.
March 25; Rodway and Mann, solicitors, Trowbridge. framed the Act had the action for ejectment in Parish, Frederick
Williams, Edw. Austin
BLAKE (Robert), formerly of Bath, afterwards of Maiden. view when they drew up the 73rd section, which Parr, Robert Jetfery Parkinson, John Charles Williams, Romer
head, subsequently of Brighton, and late of 65, EustonWilson, A. Vyvyan
road, Middlesex, Esq. March 16; Geo. Carew, solicitor, 9, he feared would hardly meet the case.
Wright, Fras. George fort, gentleman. May 1; Wm. West, solicitor, Brom-
BULFORD (Mary), formerly of 41, New North-road, Hoxton,
New Town, Middlesex, late of 2, New North-road, MiddleWednesday, Feb. 18.
sex, widow. March 21; Shepheard and Sons, solicitors, (Before Sir T. CHAMBERS.) HEIRS-AT-LAW AND NEXT OF KIN.
32, Finsbury-circus, London.
CHRISTY (John), Aperfield-court, Cudham, Kent, Esq. LANE v. OAKES (MACKENZIE, Garnishee).
EDMETT (Thos.), Arreton House, Maidstone, Kent, gentle- March 25; Bailey and Co., solicitors, 5, Berners-street,
man. Next of kin to come in by March 1, at the cham. London, Married Women's Property Act, s. 7.
bers of V.C. H. March 9, at the said chambers, at twelve COTGRAVE (Richard E. F.), 76, Gloucester-street, Pimlico, This was an attachment cause, which raised an
o'clock, is the time appointed for hearing and adjudicat- Middlesex, a retired Colonel in the Royal Engineers ing upon such claims.
Bombay Army. March 20; Wm. Wooliryes, solicitor important question under The Married Women's WRIGHT (Hannah), Brookfield, Hathersage, Derby. Heir- Banwell, Somerset. Property Act. It was tried before the recorder
at-law to come in by March 3, at the chambers of the COWPER (John), New Inn, Askham, York, innkeeper, April
M. R. March 17, at the said chambers, at eleven o'clock, 10; W. Walker, solicitor, 18, Lendal, York. on the 19th Dec. last, when a verdict for the plain. is the time appointed for hearing and adjudicating upon Coxon (Richard G.),
Newton West Farm, near Stocksfield, tiff was returned. A rule was subsequently ob.
Northumberland, farmer. March 10; Hoyle and Co., tained for a new trial, which was now argued. It
solicitors, 20, Collingwood-street, Newcastle-upon-Tyne.
CROSLEY (Jas.), Lee is, chemist and druggist. March 31; appeared that the money in question (£137) was UNCLAIMED STOCK AND DIVIDENDS IN THE
Henry Snowdon, solicitor, Leeds. bequeathed to Mrs. Oakes, the wife of the defen.
BANK OF ENGLAND.
DEACON (Chas. E.), Southampton and Lordswood, Nursdant, subject to the life interest of a Miss Milner. (Transferred to the Commissioners for the Reduction of the ling, Hants, gentleman. April 13 ; Walker and Co., soli. The will was proved in 1865, and an order for the National Debt, and which will be paid to the persons
citors, 5, Southampton-street, Bloomsbury, Middlesex. respectively, whose names are prefixed to each in three
FIRMIN (John A.), Colne Engaine, Essex,
larmer, May 1; administration of the estate was made in 1866. months, unless other claimants sooner appear.]
Harris and Morton, solicitor, Halstead, Essex. The defendant married in 1871, and the life COLE (Henry), Onslow-square, Brompton, Esq., and
HARRAFT (Charles), late of Greenbank, Bootle, near Liver.
pool, and formerly of Buenos Ayres, South America, interest expired in 1873. Shortly afterwards a
VIZARD (Wm.), 55, Lincoln's-inn-fields. gentleman, one
sheep farmer. March 31; Field and Co., solicitors, 36, petition was presented to the Court of Chancery
Lincoln's-inn fields, London.
HOGHTON (Aubrey A.), Abbey-road, St. John's Wood, Mid.
dlesex, Esq. April 1; C. Morgan, solicitor, 15, Old Jewry, paid to the garnishee under a power of attorney
court), both of Brentwood, Essex, Esqrs.; £33 6s. sd., London.
Three per Cent. Annuities. Claimant said Chas. Har given by the defendant alone, and this money the
JACKSON ( Francis J.), Berkhampstead, Hertford, spinster. court Landon, the survivor.
March 31; Fielder and Sumner, solicitors, 14, Godlimane plaintiff, a creditor of the defendant, sought to Miles Samuel), ADCOCK (Halford), and HARDY (John
street, Doctor's-commons, London, attach in the hands of the garnishee.
Stockdale), of Leicester, Eqrs., £254178. Three per Cent. JOHNSTON (Henry), formerly of New Alresford, Hante, late
Annnities. Claimant said Halford Adcock, the sur. Kemp appeared for the plaintiff.
of Lyminster Court, near Arundel, Sussex, Esq. Feb. 28; vivor. M'Call for the garnishee. SCHREIBER (John C.), Henhurst, Woodchurch, Kent, Esq.,
F. Carter, solicitor, 9, Old Jewry-chambers, London. £2748 108. ld. Reduced Threo per Cent. Annuities.
LAMBERT (Wm. B.), formerly of Prior-place, East-lane, The DEPUTY-RECORDER made the rule absolute, Claimants Amelia Susannah Schreiber, widow, and Walworth, Surrey, afterwards of 2, Coronation-place, holding that the case came within sect. 7 of the Arthur Thos. Schreiber, executors of John Charles
Stoke Newington, Middlesex, and late of 158, Ball's-pondMarried Women's Property Act, which enacts that TRENTO (Lieut. John) of H. M.'s Regiment Horse Guards
road, Islington, formerly an accountant's clerk, but lato
retired from business. April 2; Clapham and Fitch, where any woman married after 9th Aug.1870, shall (Blue),
and DASHWOOD (George Henry),
solicitors, 181, Bishopsgate-street Without, London. during her marriage become entitled to any sam Bucks, Esq. 210,000 New Three per Cent. Annuities.
LAWRENCE (Reuben), 13, Caroline-street, Bloomsbury, Mid. of money not exceeding £200 under any deed or
Claimant, Dame Elizabeth Dashwood, widow.
dlesex, gentleman. March 31; S. Potter, solicitor, 36,
King-street, Cheapside, London, will, such property shall belong to the woman for
MCDOWALL (Harriet), Norwood Lodge, Norwood Green, her separate use. “ Become entitled” meant
APPOINTMENTS UNDER THE JOINT-STOCK Middlesex, widow. March 12; A. Cope, solicitor, &
King's-road, Bedford-row, Middlesex. become entitled in possession, therefore this
MONTGOMERY (Emma A., formerly of 19, Marlborough. money, being the separate property of the wife, ANGLO:FRENCH MAREZZO MARBLE COMPANY (LIMITED).
buildings, late of 19, Milsom-street, Bath, widow. April
30; H. W. Hooper, solicitor, 18, Bedford-cirche, Exeter. under this section was not attachable for the debt addresses and
the particulars of their claims, and the OKE (Geo. C.', Rosedale, St. Mary's, Peckham, Surrey, of the husband. Rule absolute for a new trial.
names and addresses of their solicitors (if any) to A. A. chiet clerk to the Right Hon. the Lord Mayor. March McLean, 29, Gresham-street, London, the official liqui- 21; Wm. B. Kidder, solicitor, 19, Bedford-row, London. dator of the said company, March 27 ; at the chambers
ORR (Robert), formerly of Church-lane. Islington, late of
of the M, R. at eleven o'clock, is the time appointed for GENTLEMEN WHO PASSED THE FINAL
1, St. John street, Essex-road, Islington, Middlesex, hearing and adjndicating upon such claims.
gentleman March 7; M. Boyce, solicitor, 21, AbchurchEXAMINATION. , Nex BUXTON LIME COMPANY (Limited). Petition for
lane, L. ndon. winding-up; to be heard Feb. 28, before the M.R. PRIOR (John, otherwise John Fewter), formerly of 12, HILARY TERM, 1874. Rust's PATENT VITRIFIED MARBLE COMPANY (Limited).
King's-road, Ball's-pond-road, Middlesex, afterwards of Adams, Herbert C. Brighouse, Henry, jun. Petition for winding-up; to be heard Feb. 27, before
16, Gordon-road, South Hornsey, late of 74, Walford-road, V, 0. H.
March 10 ; Apps, John Harrison
Stoke Newington, Middlesex, appraiser.
Thomson and Edwards, solicitors, 7, Doughty-street,
Mecklenburgh-square, Middlesex. Attenborough, Mark Carter, James
LAST DAY OF PROOY.
QUICK (Geo.l. Southampton, and of Bitterne, common Baldwin, Thos. Wm. Casson, Randall Alkin (Francis R.), Maidstone, Kent, ... Wt 12 o'clock.
widow, : brewer. March 31; H ckman and Son, solicitors, 7, Bantoft, John Henry Chadwick, John Wilding
Albion-place, Southampton. Barker, Richard, jun. Challenor, Bromley
ANDREW (Ratcliff), King's-croA, Duffield, engineer and RAY (Edmund B), 15, Princes Gate, Hyde-park, Middlesex, Beauchamp, Arthur James Chitty, Alexis
machinist. March 21; H. Tyrrell, solicitor, 14, Gray's- Esq. March 5; T. W. S. Bowlby, solicitor, 14, Lincoln's Beaumont, Herbert Clarke, Edwd. F. Childs
inn-square, Middlesex, April 13; V.O. H., at twelve Inn-fields, Middlesex.
ROBSON (Elizabeth), Darlington, widow. April 6; Thos.
Avis Elizabeth), Kenninghall, Norfolk, widow. March Dowse, solicitor, Darlington.
20. Lancelot Gane, solicitor, Kenninghall. April 16; RORSON (Wm., Darlington, Esq., April 6; Thos, Bowes, Blythe, Alfred W. Burton Darlington, Henry
V.0. B., at twelve o'clock.
solicitor, Dariing on. Box, William
Davies, John Howell BEECROFT (Ebenezer , 19, Warner-street, Dover-road, New. SCOTT (Jas. H. ,, formerly of H. M.'s Paymaster-General's Boxall, Charles Gervaise De Paula, Frederic
ington, Surrey, fish salesman. Feb. 28 : G. R. Jaquet, Office, Whitehall, late of 25, George.street, Ryde, Isle of
Wight, Esq. Brabant, Fredk, Awdry solicitor, 15, South-street, Finsbury-square, London,
March 12; Park and Co., solicitors, ll, Dixon, John Archibald
March 11; V.C. M. at twelve o'clock.
BRADLEY (John), Selby, common brewer. March 9; Thos. SELLS (John), Somerset House, York-road, Montpellier, Brown, John Edwin Fawcett, John
M. Weddall. solicitor, Selby, March 18; V.C, M., at Bristol, gentleman. March 9; J. Miller, solicitor, Nicho Brown, Walter Ferguson, Daniel L., M.A. twelve o'clock,
SMITH (Chas.), Arundel-street, Sheffield, tinner and brazier.
this leniency is shown, a scheme may always be March 7; Watson and Esam, solicitors, 29, Bank-street,
concocted to defeat the intention of the Act. Sheffield. SMITH (Chas. C.), formerly of Bury St Edmunds, late of 6, THE BALLOT ACT-REJECTED BALLOT If returning oficers reject all ballot papers not Woodfield-terraco, Palace-road, Upper Norwood, Surrey,
marked according to the directions in the Act, it Esq., April C; H. Avis, solicitor, 25, Lincoln's-inn-fields, Middlesex.
MR. E. B. MORLEY, of Nottingham, writes to the will be a means, and is the only means, of odu. STAPLETON (Geo J.), formerly of St. Alban's, Herts, late of Leeds Mercury :
cating the voters; for if they find their vote is SLiChepe tow-place, Pernbridge-square, Bayswater. March
lost, depend upon it, if they value it, they will be 15Hunter and Co., solicitors, 9, New-square, Lincoln's. In your impression of Wednesday last an
more careful in the future. inn, Middlesex. SWINGLER (Thos.), Douglas House, Litchurch, near Derby, extract from a letter in the Times from Mr.
iroamastor, manufacturer of bar iron, railway engineer, Gerald A. R. Fitzgerald appeared, commenting and coal tonster. March 23; Henry Swingler, "The upon the course adopted by the returning officer
OPERATION OF THE BALLOT ACT. Laur Ls,” Duffield-road, Derby. TONKS (Elizabeth), Athol House, Soho-park, Handsworth,
for Finsbury in rejecting certain ballot papers at The following letters appeared in the Times : Stafford, and of Bythorn, Torquay, widow. May 1; the recent Parliamentary election there, on account "Sir,-I have just read the letter of Mr. Gerald WELSTEAD John R.9, Kimbolton, Huntingdon, and of Kor of their not being marked in conformity with the Fitzgerald, which appeared in the Times of the
Dell, Catherington, Southampton, Exq. March 31; Bird directions for the guidance of yoters in voting 9th inst. on the subject of rejected ballot papers and Moore, solicitors, 5, Grey's Inn-square, London. contained in the second schedule of the Ballot and the effect to be given to the 2nd schedule of WHITAKER (John), Blackheath, and Abchurch Lano, Aot.
the Ballot Act. Having acted at five Parliamen. London, banker. April 1; White and Co., solicitors, 6 Whiteball-place, London,
Mr. Fitzgerald says that these directions are tary and at several municipal elections under the not imperative, but merely directory. There can Ballot Act, and having in my official capacity
be little doubt that this was the intention of the had to advise the returning officers as to the reREPORTS OF SALES.
Legislature, or it would have been directly projection of ballot papers, I can, I think, point out
vided that ballot papers marked otherwise than in the difficulty, with which the matter is beset. Thursday, Feb. 12.
accordance with such directions should be rejected Mr. Fitzgerald has, I think, overlooked the 28th. By Messrs. C. O, and T. MOORE, at the Mart. by the returning officer.
section of the Act, which enacts that“ the scheMile-cad-road.-No, 622, freehold house with shop-sold for The second section of the Act provides that any dules and directions therein shall be construed In rear of above freehold stabling-sold for £185.
ballot papers on which anything except the said and have effect as part of the Act.” When, thereNo8.624, 626,628, and 630, Mile-end-road.--80ld for £3910. number on the back (i.e., the number of the ballot fore, we find that the form given in the schedule No. 1, Lincoln-street and stabling-sold for £600. Nog. '616 and 618, Mile.end-road, freehold rental of 465 per counterfoil) is written or marked by which the right hand side opposite thò name of the candi.
paper corresponding with the number of the directs that the voter is to place a cross on the annun-sold for £1330. No. 14, Colmad-street, term 55 years-sold for £255.
voter can be identified shall be void and not date for whom he votes, how can this be departed Commercial-road... Nos. 33 and 34, Colet-place, term 38 counted.
from without opening the door to all kinds of years-old for £160. Nos. 2 and 3, King's-terrace, freehold-sold for £2120.
Having had considerable experience in the marks by which the voter or a number of voters Whitechapel. - No. 10, Glassnou86-street, copyhold-sold official working of elections under the Ballot Act as a class may be identified by those employed St. George's-in-the-East.-Nos. 1 to:11, Palmer's-place, term (having conducted six elections in a constituency at the counting of the votes ? It is the Legisla38 years-old for £135.
numbering over 16,000), and having paid parti. ture's and not the returning officer's fault if & Eastcheap,-- No. 16, Love-lane, freehold-sold for £1900. cular attention to the Act and the variety of large number of ballot papers are rejected. There Fifty shares, of dio each(fully paid), in the Nitro-Phos- ballot papers which came before the returning is a very simple remedy for this, which I hope pbate and Odam's Manure Company--sola for £750. officer for his decision as to their validity, I shall will be adopted by the new Government,-viz., Twenty-five shares, of £10 each (26 paid), in the animal be obliged if you will allow me an opportunity of let the voter be directed to strike out the name of Filteen e5 shares in the Crystal Palace Company-sold for stating a few facts which have come under my the candidate he does not wish to vote for. This 13 10s.
own observation, and of which only those who will be intelligible to the most illiterate voter, By Messrs. HARDs and VAUGHAN.
have a practical acquaintance with the subject many of whom I verily believe put the cross against Clerkenwell.--No. 1, Ann-street, and a ground rent of £8 per can be aware.
the name of the candidates they object to, simply annam, terie 47 ytars--sold for £475. St. Luke's.- No. 12, Hall-a treet, term 68 years-sold for
1. The returning officer must reject all ballot because they are accustomed to use the cross as a papers not marked with the official mark.
sign by which they indicate their objection to Islington. - No. 1, Windsor-place, and No. 77, Windsor. In the whole of the elections in which I have anything. So long as the present directions are
street, term 20 years-sold for 1220. Hackney.- Nos. 1, 1a, 5, and 6, Seabright-street, and No. 12, been concerned it happens, fortunately, and to the in force it is not unlikely that there will be a con.
Caroline-place, term 18 years-sold for 1695. Kingsland. -A0. 3, Ufton-grove, term 45 years – sold for been a single ballot paper rejected under this obedient servant, credit of the officers engaged, that there has not siderable number of rejected ballot papers.--Your
C. M. HOLE, Town Clerk. St. Pancras.--Nos. 21 to 24, Archer-street, and Nos. 1 to 6, head. If any papers are rejected, it must be Sir,-The returning officer for Marylebone Passmore-place, term 16 years-sold for £470.
through the neglect of the presiding officer, who, urges an extension of time between the nominaRegent's-parker Nos. 59 and 60, William-street, term us if he does his duty, and sees that every ballot tion and polling day for large boroughs. I trust Great Portland-street.-No. 27Riding-house-street, term paper bears the official mark before he allows it it may be extended to counties. Fortunately for
19 years--sold for £450. St. John's-wood.--No. 6, Queen's-road, term 45 years-sold
to be placed in the ballot box, must have a check me, in Suffolk, we had a walk over for the Western for £555.
on any remissness on the part of his clerk, who Division, but for the Eastern Division I had to Notting-hill.–No. 51, Elgin·crescent, term 77 years-sola should stamp the paper, and on any attempt to provide for nineteen polling places scattered over Pimlico.-Nos. 59 and 61, Hindon-street, term 50 yearsintroduce forged ballot papers.
the county and some most inconveniently situated sold for 855.
2. As to voting for more candidates than for access. Another difficulty aroso (except in Ground ronts of £61 per annum-sold for £820. Lambeth walk.- No. 81, term 32 years-sold for £355. entitled to, the returning officer is never called
one place where the returning officer may happen Kennington - Nos. 4, 6, 8, and 10, Penton-place, terin 69 upon to exercise any discretion in dealing with to be), it being necessary that the declaration of years--sold for £1335. ballot papers of this kind.
secrecy by all claiming right of admission should NON. 40 and 42, Penton-place, and a ground rent of £8 per annum, torm 69 years -sold for £955.
In the elections in which I have been engaged, be taken by a magistrate before the opening of Walworth.--No. 11, Fleming-road, term 76 years-sold for the mode of dealing with ballot papers under the the poll. At more than one of the polling places
head of "writing or mark by which the voter I was assured that no magistrate was resident Tottenham eros. 1 and 2, Markfield-terrace, term 88 years could be identified,” is precisely the same as that within many miles. Is it reasonable to expect in Friday, Feb. 13.
adopted at Finsbury and numerous other places the winter time nireteen gentlemen to attend at By Messrs. Norton, TRIST, WATney, and Co., at the Mart. within my own knowledge.
half-past 7 in the morning ? Had it not been for Westininster.-Nos. 17 to 25, Buckingham-cottages, term S2
Mr. Fitzgerald advises, in effect that the re
a warning I gave all parties concerned, to take The leasehold Carriage Repository, with stabling, &c.-sola turning officer can only reject such ballot papers the declaration beforehand, and be in a position as are actually marked with the name and address
to produce it, I am well assured that difficulties, Tuesday, Feb. 17. of the voter ; for by these particulars alone could
even amounting to vacating the election, would By Messrs. DANIEL CRONiN and Sons, at the London the voter be actually identified.
have arisen. My remedy would be that each preTavern,
According to Mr, Fitzgerald, if, instead of siding officer, having himself taken an oath or Ruopellsquare.- No. 38, Bernard-street, term 20 years-sold putting the necessary x, the voter signed the declaration, should be empowered to administer
name of "John Smith," the returning officer it to all others at his station. As to counting the By Messr3. VEXTOM, BULL, and COOPER, at the Mart. A policy for £700 on a life aged 80 years-sold for £350.
would not be justified in rejecting the paper if votes, I have had experience of more than one A policy for LS000, with bonus, on a life aged 66 years--sold there were several John Smiths on the register, way, and I am of opinion that the sorting process for £2720.
as he could not trace it to any particular John is the quickest.-I am, Sir, your obedient servant, A policy for £2000, with bonus, on same life-sold for £1850. Smith.
JAMES SPARKE, Under-Sheriff of Suffolk. The reversion to L1900 New Three per Cents., life aged 64 years-sold for ESGO.
I consider that if the leniency in dealing with The reversion to L64 per annum, terminable in 1902, same life these ballot papers in Mr. Fitzgerald's letter PREPARATIONS FOR POLLING. -- Sir,- ReferThe life interest in a house at Barnes-greens Fielding £75 security to parties bribing that the majority of appears in your issue of the 14th inst., p. 271,2
were generally adopted, it would be a means of ring to Messrs. Knight and Co.'s letter, which The reversionary life interest in two sums of £4000 and the parties bribed voted for the right candidates. £140, life aged 66 years, contingent on a life aged 57 years I will explain how this could be done.
misapprehension exists that the parties who sup-sold for 2070.
plied the stamping machines to the returning Gray's-inn-square. -- No. 11, a set of chambers on the second The candidates usually appoint a certain rum- Officer for Lambeth were Messrs. Knight and Co..
ber of agents to attend at the counting of the This is not the fact, us I personally furnished the By Messrs. DRIVER.
ballot papers, and all the ballot papers come stamping instruments (eight in number) direct to Surrey, Chobham.-Two enclosures of land, 11a. 3r. 26p., under the personal observation of such agents. freebold---old for £700.
Mr. Abbott, as he is willing to testify, if necessary. An enclosure, containing 98. Sr. 200.-sold for £850.
For example, suppose an agent has promised a Since the passing of the Ballot Act I have made
bribe to a large number of voters (say 500), and the manufacture of my embosser and lever presses: ATTORNEYS' CERTIFICATES.
that he instructed them to mark their ballot the subject of my especial attention, and I have
- In the year papers in a certain way contrary to the directions supplied all the city and metropolitan returning ending 31st March, 1873, the number of these in the Act, say either by marking the cross with officers (except Westminster) therewith, in addi, certificates was 14,053, and the duty charged a coloured pencil, or in ink, or on the
left hand tion to a very large number in the country, and 492,635, in the United Kingdom. The advent of side, or marking a figure 1, or any other distinotive to many of the School Board and municipal elecDe new Government and Parliament seems to be mark than a cross. Then he instructs his sub- tions.-M. LOWENHEIM. a favourable opportunity for considering the pro- agents who attend the counting to take note of PAUPER ELECTORS.-At the meeting of the Kid. priety of abolishing or of further modifying this how many
ballot papers so marked pass ander derminster guardians on Tuesday, Mr. Pountney annual tax.
their observation. He gets this information from asked whether it was legal to fetch a pauper out OLD PARCHMENT.-When writing has been his agents, by which he can tell whether the of a workhouse to poll at an election. A man who faded by time, the ink not having been removed majority of persons bribed have gone the right was admitted to the house some time ago under a by any chemical process, the pristino state of the way, and thereby ensures that the money ex- note from the medical officer was fetched from the writing may be restored by dipping the parchment pended or about to be expended in bribery has workhouse on the day of the Parliamentary elecin fresh spring water and allowing it to remain answered its purpose.
tion and taken to the poll. The chairman (Mr. for a minute or a minute and a half. To prevent It would be a most dangerous system to adopt Kiteley) said it was an abstract question. The crumpling, it should then be pressed between two Mr. Fitzgerald's notions ; for depend upon it, man could give notice of his intention to leave the sheets of blotting-paper. The process, if neces- whilst the candidates' agents and the persons house, and then he could do what he chose. Mr. sary, may bo repeated several times.
who are always open to take bribes are aware that Holloway said the pauper, being on the register,
Hoor-sold for $200.