should obstinately stick to it without seeking to to follow in the discharge of great public read this trial during all ages, because never was But the history of this cause may be written here- case. Mr. Justice MELLOR also said: I am proud to say that throughout the whole of this trial there has never been a difference of opinion between us on a single point. I adopt the directions of my Lord Chief Justice fully, and I consider myself as responsible for them as if I had uttered them myself, entirely agreeing with him, as I do, in his views of the evidence, and also in his remarks on the highly censurable conduct of the leading I cannot but think that counsel for the defence. if a like spirit were manifested by the Bar, if advocates were at liberty to treat as enemies all those who were on the other side, to brand them as perjurers and conspirators, and to use dethe nunciation and slander a weapon, so-called independence of the Bar would become a public nuisance. I am sure I know the feeling of the Bar of England too well to think for a moment that they would wish to use any such weapon, or that they would accept the challenge which the learned counsel has chosen to throw out. The views of the Lord Chief Justice are the views of us all, and I emphatically say I entirely concur with what he has laid down as the duty of a judge. Some people seem to think that the more cogent the facts the more the judge ought to try to neutralize them. I cannot concur in such an opinion; the duty of the judge is to assist the jury in the discovery of truth, whether the truth make for one side or the other. THE NEW ASSISTANT JUDGE OF THE MIDDLESEX SESSIONS. Thursday, March 5. THIS morning Mr. Edlin, Q.C., of the Western Circuit, who has been appointed Assistant Judge of the Middlesex Sessions, in succession to Sir William Bodkin, was sworn in. Mr. Edlin only received his appointment at a late hour last night, consequently very few of the magistrates were present, and a long delay occurred before a sufficient number could be got together to form a quorum. The Bar was represented by Mr. Brindley, Mr. Warner Sleigh, and Mr. Sims. Mr. Edlin was first sworn in as a justice of the peace, and having retired, he returned into court robed, and was then sworn in as the Assistant Judge. Mr. Pownall said he could not permit the opportunity to pass of his Lordship taking the chair of the court as Assistant Judge without expressing the extreme sorrow he felt with regard to Sir W. Bodkin, whose ill-health had compelled him to resign. He was speaking the sentiments, not only of every magistrate on that bench, but of every member of the Bar, and of all who had been in attendance at that court, that Sir William Bodkin was, by his integrity, by his great ability, and by his great knowledge pre-eminently qualified for the office which he held. The high standing in his profession which he (Mr. Edlin) held fully justified the choice made, and on behalf of the Bench he assured him that he would be received with kindness, cordiality, and friendship. He sincerely trusted that he would long be spared to adorn the Bench, and that he might long enjoy tranquillity of mind to go through his laborious duties. act, it is the present case. One of its leading members stands publicly charged with a number of odious and gratuitous slanders upon the characters of a great variety of persons in the course of the discharge of his professional duties. If they have nothing at all to say on the subject, the public will be apt to think that their existence and their powers are an anomaly which ought at once to be superseded by something more effective. The case is not one in which any elaborate inquiry into matters of fact is necessary. Shorthand writers' reports of what Dr. Kenealy said are easily accessible, and the only questions, as it appears to us, which require to be settled are these two; first, were the charges which he made made under circumstances which justified him in making them ?-were they, that is, made under instructions as to their truth, to which he was bound to pay attention, or under circumstances which formed in themselves a reasonable ground for supposing them to be true? Secondly, if this is not the case, is a man who makes such charges at random a fit person to practise the profession of a bar. Mr. Brindley, as the senior member of the Bar rister? After what has been said upon the subpresent, congratulated his Lordship on his ject, it is due to Dr. Kenealy himself, and it is appointment to a position for which his high also due to the public at large, that these quesstanding in his Profession eminently qualified tions should be investigated by a tribunal comhim, and assured him that the Bar would always petent to adjudicate upon them. The liberty of extend that courtesy and consideration which he the Bar in the matter of bringing charges against was sure the Bar would receive from his Lord-persons who are connected with proceedings in ship. which they are engaged is no doubt a matter of Mr. Warner Sleigh, on behalf of the Bar, paid a great public importance; but like every other high compliment to Sir William Bodkin, whose sort of liberty it must be subject to some limitaresignation had been received with great regret tions, or it leaves no liberty for anyone else. by the whole Bar. He assured Mr. Serjeant Cox Such language as the following on the part of the that the Bar appreciated the uniform kindness highest of the common law judges ought not to be and courtesy which had always been character- allowed to pass unnoticed. It ought in common istic of him, and that in leaving he took with decency to lead to further investigation: "There him the entire unanimous goodwill of the whole never was in the history of jurisprudence a case Bar. in which such an amount of imputation and invective has been heard before, and I sincerely hope there never will be another. Although the prosecution has been instituted by her Majesty's Government, and carried on on behalf of the Crown, you have been told that every one connected with it, from the highest to the lowestcounsel, solicitors, clerks, detectives, everybodyis engaged in a foul conspiracy, has resorted to the most abominable means in order to corrupt witnesses." "One man is called a villain against whom there is no more reason for bringing such a charge than against any one of us. The authorities of Stonyhurst are accused upon no ground of any sort or kind not only with not teaching morality to their students, but with the design of corrupting their minds,.. and all this with no more foundation than if the imputations had been brought against the authorities of Eton, Westminster, or any other of our great public schools. The dead are served in the same way. .. Captain Birkett, who has gone to his account, who went down in the Bella, is actually charged with having scuttled the ship in which he unfortunately perished. Who could conceive it possible that such vile and slanderous imputations could have been brought forward in a court of justice ?" That "vile and slanderous imputations should be brought forward in a court of justice on an occasion to which so much public attention was directed is bad enough, if the fact be so; but it will be almost a greater scandal to the Bar of Englond if so tremendous a charge, judicially made against a conspicuous member, should be allowed to remain uninvestigated because it is nobody's business to consider the subject. His Lordship returned his sincerest thanks for the kind and cordial welcome which had been accorded to him by the Bench and the Bar on his taking his seat as Assistant-Judge of these Sessions. It was to him a source of great satisfaction to know that he would be assisted in the discharge of his duties by a body of gentlemen, learned, and very much experienced in the conduct of the business of the court. With regard to his friend Mr. Serjeant Cox, he had known him for a period of twenty-five years, and from the first day to this, they had been on terms of complete confidence, and not one word had ever passed between them which could not be regarded with satisfaction to both. Mr. Serjeant Cox said that be left the court with considerable feelings of disappointment. He had certainly hoped that long services would have led to his appointment to the office, the duties of which he had so long discharged. Her Majesty's late Ministers had, however, thought differently, and he bowed to their decision. The learned gentleman then congratulated Mr. Edlin on his appointment, and said that no better man could have been found for the post. The Assistant Judge then proceeded with the business of the court. DR. KENEALY.-The Pall Pall Gazette writes: -Not presuming to paint the lily or adorn the rose, we would direct attention to one particular point in connection with the trial which ought not to be allowed to drop. We refer to the charges made by the Lord Chief Justice against the defendant's counsel. Dr. Kenealy has not only been rebuked by the Bench with a degree of severity with which in all probability no counsel over was rebuked before; but he has been specifically charged with the gravest professional misconduct of which a barrister can be guilty. The Lord Chief Justice says, in a great variety of different ways, that he has scattered foul accusations against all manner of persons without the smallest excuse or ground for it. Now this is surely not an accusation which ought to be made against a Queen's Counsel by the Lord Chief Justice of England without leading to something further. It is not decent that a man who occupies a conspicuous public position and discharges important public functions in respect of it, should have such imputations publicly thrown upon him and that nothing whatever should come of it. If what the judges have publicly said of Dr. Kenealy is true, he ought to be disbarred. If it is not true, he ought to be publicly relieved of the imputations made against him. The state of things is very much as if an officer in the army were publicly charged by the Commander-in Chief with gross misconduct in the field. Such a charge ought to be publicly investigated and adjudicated upon. We have heard a great deal lately about legal education and the Inns of Court, and, oddly enough, a case was decided within the last day or two as to the right of a barrister to withdraw from his inn without forfeiting his right to practise. If there ever was a case in which the particular Inn of Court, of which Dr. Kenealy is a member, ought to feel itself bound to TICHBORNIA. The removal of all the books, papers, family photographs, oil paintings, maps of different parts of the gobe, a model of the Bella, stupendous briefs, and all other legal paraphernalia of the prosecution from the large office at Westminster occupied by the solicitors to the Treasury during the late trial has just been completed. The most interesting of the debris was a huge album, containing life-like portraits of the Dormer, Arundell, Radcliffe, Lushington, Seymour, Tichborne, and Orton families, which are so arranged as to show at a glance contrasts in the status and physiognomy of the former ancient line and the Ortons with their pedigrees. This album will now be deposited in the archives of the trial. An authentic representation of the Tichborne trial is now in the course of execution in the Court of Queen's Bench. The selection of the characters in the picture has been made, we are happy to say, with great judiciousness, and from a professional point of view the artist, Mr. R. Lincoln Alldridge, who is well known at the Royal Academy for felicitious portrait painting, has exercised a praiseworthy determination that his picture shall not offend the punctilious etiquette of the Bar, and shall embrace the portraits of none but those who will be historically connected with the trial. The portrait of Mellor, J., is remarkably faithful, and has received the approval of the learned judge. Both Mr. Hawkins and Mr. Serjeant Parry are happily delineated, and the characteristic expression of the former learned gentleman in the course of cross-examination is very happily caught. It only remains to be said that as the portraits in the picture are taken with the consent of, and at private sittings given by those represented, and with a scrupulous regard to the etiquette which a picture may so easily infringe, an engraving of the picture will present an authentic and quasiauthoritative representation of a great legal event which might well form an addition to the limited number of sober ornaments which legal fastidiousness prescribes as fit for lawyers' offices. NEW COUNTY COURT JUDGE.-The Lord Chancellor has appointed Mr. Francis A. Bedwell, of the Equity Bar, to the County Court Judgeship of the East Yorkshire Division, vacant by the resignation of Mr. Chapman Barber. Mr. Bedwell was called to the Bar in 1855. DEATH OF A COUNTY COURT JUDGE.-The judgeship of the County Court Circuit No. 49 is vacant by the death of Mr. William Carmalt Scott, which occurred on Tuesday, at his residence, Eccleston-square. Mr. Scott was called to the Bar in 1848, at the Middle Temple. In 1858 he was selected for the important office of principal secretary to the Lord Chancellor (Lord Chelmsford), which he held until June 1859, and again occupied the same post from July to September, 1866. In July 1865, Mr. Scott was appointed Gentleman of the Chamber to Lord Cranworth, and held that office up to July 1866. Three months after he was appointed judge of the County Court Circuit No. 53 (the Cheltenham and Glou cester district), but within a month he was transferred to Circuit 49, which includes Ashford, Canterbury, Deal, Dover, Faversham, Folkestone, Hythe, Margate, Ramsgate, Romney, Sandwich, Sittingbourne, Tenterden, and Cranbrook. CITY POLICE COURTS.-There appears to be some prospect of a considerable alteration in the police court arrangements of the city. A proposition is in course of consideration to abolish the Mansion House as a police court, and to transfer the business at present transacted there to the Guildhall. The centralization under one roof of the whole criminal business of the city would be a great improvement upon the present divided system, but in order to render such a reform possible it would be necessary to build a new court, that at Guildhall being utterly inadequate in point of accommodation. Indeed, it is asserted that even one new court, however commodious, would not be suffi cient for the purpose; but if it be possible to conduct the business of the city at present with two courts, at one of which the aldermen sit only three hours daily, and the other of which is only open from twelve to two, there can be little doubt that one court sitting the whole day, as is the case in other metropolitan districts, could encom pass the work. The advantages claimed for the new plan are-first, a saving of expenses to the corporation of about £3000 a year; second, the fact that the Mansion House would then be solely the private residence of the Lord Mayor, while much more space would be available for grand receptions, banquets, and balls. To all persons connected with police court business in the city, the erection of a new and commodious court would be a great boon, and it is to be hoped that the proposed plan will, if found practicable, not occupy quite so long a time in execution as the Palace of Justice only just commenced west of Temple Bar.-Observer. SOLICITORS AND ATTORNEYS.-At the final examination at the Incorporated Law Society 1873, the following special prizes have been awarded: Timpron Martin Prize for candidates from Liverpool.-Mr. George Barrow Cummins having passed the best examination in the year 1873, and having attained honorary distinction, the Council have awarded to him the prize, consisting of a gold medal, founded by Mr. Timpron Martin, of Liverpool. Mr. Cummins served his clerkship with Messrs. Hore and Monkhouse, of Liverpool, and Messrs. Milne, Riddle, and Mellor, of London, and obtained a prize in Michaelmas Term 1873. Atkinson Prize for candidates from Liverpool or Preston.-Mr. George Hime having, from among the candidates from Liverpool or Preston, shown himself best acquainted with the Law of Real Property and the Practice of Conveyancing, having otherwise passed a satisfactory examination, and having attained honorary distinction, the Council have awarded to him the prize, consisting of a gold medal, founded by Mr. John Atkinson, of Liverpool. Mr. Hime served his clerkship with Messrs. Anderson, Collins, and Robinson, of Liverpool, and Messrs. T. and T. Martin, of Liverpool, and obtained a prize in Michaelmas Term 1873. Broderip Prize for Real Property and Conveyancing, open to all candidates.-Mr.Henry Nicholas Grenside having among the candidates in the year 1873 shown himself best acquainted with the Law of Real Property and the Practice of Conveyancing, having passed a satisfactory examination, and having attained honorary distinction, the council have awarded him the prize, consisting of a gold medal founded by Mr. Francis Broderip, of Lincoln's-inn. Mr. Grenside served his clerkship with Messrs. Walker and Langborne, of New Malton, and Mr. Leonard Hopwood Hicks, of London, and obtained a prize in Hilary Term 1873. Scott Scholarship, open to all candidates. - Mr. Edwin Murcott being, in the opinion of the council, the candidate best acquainted with the theory, principles, and practice of law, they have awarded to him the scholarship founded by Mr. John Scott, of Lincoln's-innfields, London. Mr. Murcott served his clerkship with Mr. George Cattell Greenway, of Warwick, and Messrs. Robinson and Preston, of London, and obtained a prize in Michaelmas Term 1873. Birmingham Law Society's prize for candidates from Birmingham.-The examiners also reported that among the candidates from Birmingham in the year 1873, Mr. Richard Alfred Pinsent passed the best examination, and was, in the opinion of the examiners, entitled to honorary distinction. Mr. Pinsent served his clerkship with Messrs. James and Oerton, of Birmingham, and Messrs. Church and Clarke, of London, and obtained a prize in Easter Term 1873. THE DISSOLUTION OF PARLIAMENT.-The dissolution of the recent Parliament is the twentieth of the century, the various periods having been chiefly in June and July. During this century the dissolutions have occurred as follows, viz., on June 29th, 1802; Oct. 24th, 1806; May 27th, 1807; Sept. 29th, 1812; June 10th, 1818; Feb. 29th, 1820; June 2nd, 1826; July 24th, 1830; April 22nd, 1831; Dec. 3rd, 1832; Dec. 30th, 1834; July 17th, 1837 June 23rd, 1841; July 23rd, 1847; July 1st, 1852; March 21st, 1857; April 23rd, 1859'; July 6th, 1865; and Nov. 11th, 1868. ; THE PATENT OFFICE.-The Athenæum is glad to perceive that the state of the Patent Office is attracting public attention. One useful mode of employing some of the annual surplus-£80,000would be in preparing a general index to the patents. It is alleged that the new annual indexes are a hindrance, instead of a help to investigation; and the partial classified indexes cannot supply the want of a complete index to every patent in the office. The subject has engaged the attention of the Society of Arts recently, and a deputation has attended the Lord Chancellor, urging that some steps should be taken with reference to the Patent Museum, which should not be distinct from the Patent Office. THE NEW LAW COURTS.-Lord Henry Lennox seems to be fortunate in the beginning of his career, for on Monday the most important step yet taken in connection with the new Law Courts was recorded. This certainly is not much towards completion, but is something as suggestive of more. On Monday Messrs. Bull and Son, of Southampton, the contractors, laid the foundation stone of their own offices, immediately on the completion of which, building operations will be vigorously proceeded with. Their Clerk of the Works estimates that they will hand the building over complete in a little less than seven years. The following quaint and characteristic production was written by the late Mr. Grocott, a Liverpool solicitor : A LAWYER'S WILL. To take as "Tenants in Common" do, My faithful Partner, "Crown," and Friend. In Witness whereof, I hereunto In presence of those who names below OFFICIAL LIQUIDATORS.-To-day is the last day for official liquidators to apply at the Rolls for remuneration during the present sittings. CORRESPONDENCE OF THE PROFESSION. free discussion on all professional topics, the Editor is not responsible for any opinions or statements contained in it. COURT OF CHANCERY.-Lord Cairns has just made an order, countersigned by Sir George NOTE.-This Department of the LAW TIMES being open to Jessel, that forty causes before Vice-Chancellor Hall be transferred to the Master of the Rolls. JUDGES' CHAMBERS.-Some new regulations are now in force, one of which is that the judges will not take summonses which can be heard by the master unless the same are referred to him. The business will not commence before eleven o'clock, and counsel will be heard at twelve o'clock, and the name of the counsel, when known, is to be given to the opposite side. A new regulation will be enforced by the Lord Chief Justice that he will not sit on Saturdays while he is the "judge in town." land will be placed in commission, it having been THE Standard says that the Great Seal in Iredeemed best for the public interests that no appointment to the office of Lord Chancellor should be made until the final settlement of the various questions affecting the Supreme Court of Judicature in Ireland. LAW STUDENTS' JOURNAL. INCORPORATED LAW SOCIETY. SPECIAL PRIZES. FINAL EXAMINATIONS FOR THE YEAR 1873.Timpron Martin Prize for Candidates from Liverpool. MR. GEORGE BARROW CUMMINS having passed the best examination in the year 1873, and having attained honorary distinction, the Council have awarded to him the prize, consisting of a gold medal, founded by Mr. Timpron Martin, of Liver. pool. Mr. Cummins served his clerkship with Messrs. Hore and Monkhouse, of Liverpool, and Messrs. Milne, Riddle and Mellor, of London, and obtained a prize in Michaelmas Term, 1873. Atkinson Prize for Candidates from Liverpool or Preston. didates from Liverpool or Preston, shown himself Mr. George Hime having, from among the canthe practice of conveyancing, having otherwise best acquainted with the law of real property and passed a satisfactory examination, and having attained honorary distinction, the Council have awarded to him the prize, consisting of a gold medal, founded by Mr. John Atkinson, of Liverpool. Mr. Hime served his clerkship with Messrs. Anderson, Collins, and Robinson, of Liverpool, and Messrs. T. and T. Martin, of Liverpool, and obtained a prize in Michaelmas Term, 1873. Broderip Prize for Real Property and Conveyancing. Mr. Henry Nicholas Grenside having, among the candidates in the year 1873, shown' himself best acquainted with the law of real property and the practice of conveyancing, having passed a satisfactory examination, and having attained honorary distinction, the Council have awarded to him the prize, consisting of a gold medal, founded by Mr. Francis Broderip, of Lincoln's inn. Mr. Grenside served his clerkship with Messrs. Walker and Langborne, of New Malton, and Mr. Leonard Hopwood Hicks, of London, and obtained a prize in Hilary Term, 1873. Scott Scholarship. Mr Edwin Murcott being, in the opinion of the Council, the candidate best acquainted with the theory, principles, and practice of law; they have awarded to him the scholarship founded by Mr. John Scott, of Lincoln's-inn-fields, London. Mr. Murcott served his clerkship with Mr. George Cattell Greenway, of Warwick, and Messrs. Robinson and Preston, of London, and obtained a prize in Michaelmas Term, 1873. Birmingham Law Society's Prize for Candidates from Birmingham. The examiners also reported that among the candidates from Birmingham in the year 1873, Mr. Richard Alfred Pinsent passed the best examination, and was, in the opinion of the examiners, entitled to honorary distinction. Mr. Pinsent served his clerkship with Messrs. James and Oerton, of Birmingham, and Messrs. Church and Clarke, of London, and obtained a prize in Easter Term, 1873. On report of the Examiners, and by order E. W. WILLIAMSON, Secretary. JUST OUT!! HINDOO PENS!!!-The misery of a bad Pen is now a voluntary infliction. "They come as a boon and a blessing to men, The Pickwick, the Owl, and the Waverley Pen." Dover Chronicle says "The nation at large owes a debt of gratitude to the Patentees for mend them. Sample Box, by post, 1s. 1d.; sold everytheir excellent invention." 1200 Newspapers recomwhere. Patentees, Macniven and Cameron, 23 to 33, Blair-street, Edinburgh.. 66 Re OCCLESTON (29 L. T. Rep. N. S. 785, Chan.). Judicial endeavours to visit the sins of the parents on the children have been frustrated since 1838 by the Wills Act, which provides that, to save continual re-executions a will shall speak as if signed at time of death, unless a contrary intention appears. Occleston clearly intended his will to speak from his death, and at that time Marthe necessary reputation, and did not fall within garet Occleston was born" and had acquired If Occ'eston had signed his will again just before the alleged rule of law prohibiting provision being made for illegitimate children "to be begotten." his death no question could have arisen, and the Wills Act in reality did this for him. Although not decided it would appear that children of single women en ventre sa mere cannot take except by special description, but the addition of such a provision (without naming the father) for children of whom the female might be pregnant at time of testator's death, would make everything safe. E. M. that in a leading article in the LAW TIMES the MAKING INFANTS BANKRUPTS.-I perceive writer expresses an opinion that the decision of Mr. Stonor, in Re Landon, that an infant may be made a bankrupt under the present Act of 1869, is opposed to the case of Maclean v. Dummett, in the Privy Council (22 L. T. Rep. N. S. 710), "and must, therefore, be doubted, if not disputed." On reference to the case in question, I think you will find that this is not so. That case was on a Colonial (Barbadoes) Bankruptcy Act, and referred to traders only; and the decision of the Privy Council was that there was no petitioning creditor's debt, even if the party had been adult, and certainly none as he was an infant. In other words there was no trading and no debt. This was in accordance and non-traders are liable to be made bankrupt, with the bankruptcy law of England up to 1861. But in the Acts of 1861 and 1869, both traders be made bankrupt on his own petition (Re and its having been decided that an infant may Smedley and Re Burser); and I cannot see any for any lawful debt, as for necessaries, or judgreason why an infant may not be made bankrupt ments recovered against him, &c. The only argument I can see against it is that there are but I cannot think that this is sufficient to con no special provisions as to infants in the Act, trol the clear operation of this Act. A COUNTY COURT OFFICIAL. tion for my borough, on examining the ballot papers previously to counting the votes, I found one containing a card folded in it, issued by the candidate's agent to the voter, pointing out his number on the register and his polling station. I placed the ballot paper on one side, intending to reject it, but by accident it got mixed with other ballot papers, and I could not identify it. The placing the card in the ballot box, no doubt, was an offence under the sub-sect. 4 of sect. 3 of the Ballot Act, but it would be impossible to discover the offender without opening the packet of used counterfoils. Would the ballot paper have been rightly rejected under the above circumstances? If not, it would lead to bribery to any extent. I think that the above case has not yet come under the notice of your readers. REJECTED BALLOT PAPERS.-At the last elec MAYOR AND RETURNING OFFICER. NOTES AND QUERIES ON POINTS OF PRACTICE. NOTICE. We must remind our correspondents that this column is not open to questions involving points of law such as a solicitor should be consulted upon. Queries will be excluded which go beyond our limits. N.B.-None are inserted unless the name and address of the writers are sent, not necessarily for publication, but as a guarantee for bona fides, Queries. 70. SCHOOL BOARD ACCOUNTS.-I am at a loss to make out from the orders for the school board accounts how the clerk is to show his balances properly, and if any reader who has had experience of school board accounts on and will enlighten me, I shall be greatly obliged. The clerk is to receive, as far as I can see, no money, and to pay but very little, as the fees are to be paid to the treasurer and the rates and Government grants, and the treasurer is to pay all sums over £5. These sums not passing through the olerk's hands in any way, in what manner is he to take account of them? Is he simply to debit or credit any moneys which he knows have been received or which the board have ordered to be paid? Is there any treatise published on school board accounts? A CLERK. 71. PARTNER OF MAGISTRATE'S CLERK. A client of mine was charged before a bench of magistrates at petty sessions with felony. The solicitor who appeared for the prosecution was objected to by my counsel on the ground that he had no right to appear for the prosecution as his partner was clerk to the Bench hearing the case; the Bench, however, overruled the objection. I should be glad if any of your correspondents who are experienced in magisterial business would inform me whether the Bench were right or not in overruling the objection. A SUBSCRIBE. 73. ARTICLED CLERK-BOOKS, &c.-I shall be glad if some of your readers will enlighten me on the following: Betore execution of articles (a few months ago) I was under the impression that my principal was to supply me with the use of proper books. He now avises mo to purchase later editions than he has in his possession. There is no article in the indenture referring to books, but my father has covenanted to find "medicine, clothing, and all other necessaries." Are books included in "necessaries," or is my principal, who has covenanted to instruct me by the best means in his power, bound to find me proper books to study from? LINCOLN. •*. INTESTACY - - ASSIGNMENT OF LEASEHOLDS (1000 YEARS).-The children of the intestate are infants and orphans. Is the administrator alone able to assign? If so, who should be the parties to convey? An answer will oblige. E. V. 75. LANDLORD AND TENANT.-At the expiration of the term the tenant's son carries off the padlocks of barns, which padlocks belong to the landlord. No notice is taken of the latter's application to the tenants to replace. What course should be taken? X. Y. 76. EJECTMENT BY MORTGAGEE.-A., B., C., and D., are tenants in common of certain freehold premises held by one tenant upon a yearly tenancy. A. is enti tled to seven-tenths of the whole; B., C., and D., to one-tenth each, A.'s share is mortgaged, and the mortgagees are in possession. A. and her mortgagees are desirous of determining the tenancy with a view to raising the rent. B., C., and D., refuse to concur in giving notice. Can A. and her mortgagees do so and sustain effectually an action of ejectment (if requisite) as to the whole, or what course must be adopted? T. F. H. 77. SATISFIED Mortgage TERM.-In 1840 A., an owner in tee, mortgaged his estate to B. for £100. The mortgage was by demise in the usual form for 1000 years. In 1850 the mortgage money was paid off, and an indorsement made on the mortgage to that effect, and signed by the mortgagee, who thereupon handed over the deed to the mortgagor. The mortgagor has now sold the estate, and the purchaser's solicitor requires the concurrence of the mortgagee. But is this necessary since the Act of 8 & 9 Vict. c. 112 (Satisfied Terms Act) ? X. 78. CONVEYANCING-HABENDUM.— After the usual testatum granting the property to the purchaser and his heirs, the habendum runs as follows: "To have and to hold the said hereditaments and premises hereby granted, with their rights, members, and appurtenances unto the said A. B., his heirs and assigns, for ever." The words "and to the use of" are omitted, and as I never remember to have seen this done, I should like to know whether in the opinion of any of the readers of the LAW TIMES the title to the property is affected in any way. TYRO. Answers. " (Q. 63.) SEAL.-I think "Owl's" answer is incorrect. The real question is, whether the settlement is sealed. He begs the question. Lord Coke (3 Inst. 169) defined a seal to be wax impressed, or wax with an impression, adding that wax without an impression is not a seal. Practically, an impression upon some tenacious substance capable of being impressed (4 Kent's Com. 452; 6 Petersdorff's Abridg. 363). But it has in recent times been held that a stamped ink impression is a sufficient seal; and in these days, when mere technicalities are discouraged, and no distinctive seal is usual, it is open to the parties in executing the deed to adopt a piece of green ribbon as a seal if they think proper, and it was indeed expressly decided in Re Mayer (24 L. T. Rep. N. S. 273) that the usual attestation ciause in a case like that mentioned by "T. P. H." is prima facie evipence that the deed is sealed. C. H. B. (Q.68.) BALLOT ACT- PERSONATION. -The voter would be guilty of personation, but I do not think the presiding officer could order him into custody. It is evident he conld not do so except at the request of a personation agent, who must declare that he verily believes, &c.; and this circumstance is omitted from the case put. But I will suppose that a personation agent makes this statement to the officer. The officer is then required "immediately after such person has voted to order him to be taken into custody." To vote is to complete the offence, which is till then only inchoate. The time for the lawful arrest is clearly specified, "immediately after the vote," and no other arrest will be lawful. By not voting the voter prevents this moment from arriving, and the officer has consequently no power to order him into custody. OWL. (Q. 69.) QUALIFICATION OF JUSTICES.-The course is a quo warranto information, leave to file which must be obtained from the Queen's Bench. ported by an affidavit of the relator or person bringing Upon motion supthe charge, the court grants a rule calling upon the defendant to show cause why information should not be filed. The defendant replies by affidavit, and if cause is not shown to the satisfaction of the court leave is granted to file the information. See 32 Geo. 3 c. 58. Replication. OWL. (Q. 63.) SEAL.-Can "Owl" give an authority for his answer? Are not the words "I deliver this as my act Surely the red paper of the wafers used on paper deeds and deed" a sufficient adoption of the silk as a seal? has no intrinsic virtue which is lacking to green silk. LOOKER-ON. LAW SOCIETIES. LEGAL EDUCATION ASSCIATION. WE are asked to publish for the information of the legal profession the following list of donations since the meeting of the Executive Committee on the 19th Dec. 1873 : ... The Right Hon. Lord Selborne Barrett, R. H., Esq. (Slough) Beck, S. Adams, Esq. Beck, R. C. Adams, Esq. Beever, J. F., Esq. Bedwell, F. A., Esq. Blandy, W. F., Esq. (Reading) Bolton Law Society Boys, C. O., Esq.... Bowen, C. S. C., Esq. Broomhead, B. P., Esq. (Sheffield) £ s. 4. 500 500 550 0 550 50 0 0 1 0 110 110 500 330 220 3 3 0 22 0 330 1 1 0 3 3 0 3 3 0 Buchannan, J., Esq., and Son (Whitby) Burton, E. F., Esq. 1 1 0 3 3 0 1 1 0 Cator, B. P., Esq. Clabon, J. M, Esq. Cookson, Montague, Esq. Daniel, W. T. S., Esq., Q.C. Dees, R. R., Esq. (Newcastle-on-Tyı DuCane, R, Esq. Eddis, A. S., Esq., Q.C. Fitzhugh, A. J., Esq. (Brighton) Farrer, W. J., Esq. Finch, A. E., Esq. Francis, H. J., Esq.. ... Freshfield, H. R., Esq. Fry, Edw. Esq., Q C. ... Frere, Forster, and Frere, Messrs. Humfrys, W. J., Esq. ... ... 5 5 110 1 1 5 0 Jackson, H. M., Esq., Q.C., M.P. Jotcham, L., Esq. (Wantage) Lake, Beaumont, and Lake, Messrs. Longbourne, J. V., Esq. ... ... Longbourne, C. R. V., Esq..... McClellan, Jonn, Esq. Macnamara, H. Esq. Marten, A. G., Esq., Q.C., M.P. Mathew, J. C., Esq. Measure, J. Esq.... Metcalfe, W. C., Esq. (Epping) Peake, H., Esq. Pearson, John, Esq., Q.C. Pennington. R., Esq.... 3 0 0 550 1 1 0 330 2 20 1 1 0 550 300 330 1 1 0 110 5 5 0 2 2 2 2 330 1 1 0 Phillimore, W. G. F., Esq. Price, C. U., Esq. Radcliffe, J. A., Esq.... Redpath and Holdsworth, Messrs 2 20 Roberts, Ph., Esq. 2 20 Rutter, W., Esq.... Stone, John, Esq. (Bath) Thring, Sir Henry, K.C.B. Tilleard, Godden, and Holme, Messrs. Trinder, H. W., Esq. Waterhouse, T., Esq. Walters, W. M. Esq. Webster, T., Esq., Q.C. Woods, Grosvenor M. S., Esq. 220 220 5 5 0 330 1 1 0 1 1 0 220 550 2 2 0 200 550 2 2 0 1 0 SOLICITORS' BENEVOLENT ASSOCIATION. THE Board of Directors of the Solicitors' Benevolent Association, in transmitting a copy of the reports for the past year to the members of the association, announcing that the Right Hon. Lord Selborne has kindly consented to preside at the ensuing anniversary festival of the association, pointed to take place at Willis's Rooms, Kingwhich, with his Lordship's concurrence, is ap street, St. James's, London, on Wednesday, the 17th June next, at half-past six o'clock p.m. The anniversary festival has been proved to be one of the most effective means of promoting the interests of the association, inasmuch as it affords an opportunity for mutual effort, without which an association extending, as this does, over the whole kingdom can be but imperfectly advanced. This association has already attained a position honourabie to the solicitors as a body; but, looking at the wide area over which it has to extend its benevolent operations, and to the numerical strength of the solicitors in England and Wales, it must be admitted that there is room for great improvement. It is hardly necessary to say how much this association deserves the support of the legal Profession. Tho usual monthly meeting of the Board of Directors of this association, was held at the Law Institution, Chancery-lane, London, on Wednesday last, March 4, Mr. Wm. Shaen in the chair; the other directors present being Messrs. Brook, Hedger, Smith, Torr, and Williamson, Mr. Eiffe (secretary). A grant of £50 was made to a deceased member's widow, being her fourth application for assistance, and a sum of £60 was distributed in relief of five families of deceased non-members; fourteen new members were admitted to the association, and other general business transacted. ARTICLED CLERKS' SOCIETY. A MEETING of this society was held at Clement's. inn Hall, on Wednesday, the 4th March, Mr. T. B. Girling in the chair. Mr. Baker opened the subject for the evening's debate, viz.: "That the 25th section of the Elementary Education Act should be repealed." The motion was lost by a majority of one. LAW ASSOCIATION. AT the usual monthly meeting of the directors, held at the hall of the Incorporated Law Society, in Chancery-lane, on Thursday, the 5th inst., the following being present, viz., Mr. Steward (chairman), Mr. Carpenter, Mr. W. S. Masterman, Mr. Sidney Smith, Mr. H. Vallance, and Mr. Boodle (secretary), a grant of £10 was made to a very aged solicitor who was in great distress, and the ordinary business was transacted. THE COURTS AND COURT PAPERS. NOTICE. THE following regulations for transacting the business at the judges' chambers will be observed until further notice : Summonses will be issued and made returnable at eleven o'clock at the chambers of the judges of the court in which the actions are pending. As to applications to be made to the Lord Chief Justice. Acknowledgments of deeds will be taken at eleven o'clock. Adjourned summonses will be heard first at eleven o'clock, and the summonses of the day will be taken immediately afterwards. Counsel will be heard at half-past twelve o'clock. As to applications to be made to the Masters. Adjourned summonses will be heard at eleven o'clock precisely in each court, and the summonses of the day immediately afterwards. Counsel will be heard at twelve o'clock; and the Lord Chief Justice directs particular attention to the rules of Michaelmas Term 1867, and desires it to be dis tinctly understood that he will not hear any summons or application, directed by the said rules to be heard by the Masters, unless such summons or application shall be specially referred to him by the Master. LEGAL OBITUARY. NOTE.-This department of the LAW TIMES, is contributed by EDWARD WALFORD, M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain; and, as it is desired to make it as perfect a record as possible, the families and friends of deceased members of the Profession will oblige by forwarding to the LAW TIMES Office any dates and materials required for a biographical notice. C. WORDSWORTH, ESQ., Q.C. THE late Charles Wordsworth, Esq., Q.C., who died on the 8th inst., at Wallington, Surrey, in the sixty-ninth year of his age, was the second son of the late Robinson Wordsworth, Esq., some time collector of customs at the port of Harwich, who died in 1856, by Matilda Forth, his wife, and a relative of the Right Rev. Dr. Wordsworth, Bishop of Lincoln. He was born in the year 1806; he was called to the Bar by the Honourable Society of the Inner Temple in Hilary Term 1833, and attained some degree of eminence as a special pleader. He also went the Home Circuit, and formerly attended the Hertfordshire and Essex sessions, and in 1857 he had conferred upon him the honour of a silk gown. Mr. Wordsworth, (whose father was a cousin of the poet Words worth) was the author of a professional work on Joint Stock Companies. WILLIAM SANDYS, ESQ., F.S.A. WILLIAM SANDYS, of the junior branch of the family of Sandys, long established in Cornwall, was born on the 29th Oct. 1792, educated at Westminster School, was admitted as a solicitor in Hilary Term 1814, and continued to practice as such until he died on the morning of Ash Wednesday, the 18th Feb., after an illness of some weeks' duration. He was the author of the following works: An Essay on Freemasonry, 1829, a portion of this appeared as an article in the Encyclopædia Metropolitana; Select Specimens of Macaronic Poetry, 1831; Christmas Carols, Ancient and Modern, with an Introduction and Notes, 1833; this has been often and freely quoted by writers on similar subjects; Specimens of Cornish Provincial Dialect, 1846; Christmastide, 1848; Festive Songs in the 16th and 17th Centuries, with an Introduction, 1848; History of the Violin, in conjunction with the late Mr. Forster, 1864; the whole of the first and historical portion of this work was written by him, and the latter by Mr. Forster; Transactions of the Loggerville Society, 1867; this work was intended chiefly for private circulation; and numerous lesser publications and contributions to different literary journals from time to time on subjects of antiquarian research, especially in relation to the county of Cornwall, very many of which cannot now be traced; but amongst them may be named, A Notice on the Cornish Drama, Transactions in Cornwall during the Civil War, Some Remarks on the Fairies and Giants of Cornwall, in the journal of the Royal Institution of Cornwall. He had for many years given much of his spare time to the study of antiquities of Cornwall, to which county, as being that of his origin, he was to the last greatly attached. He was an accomplished violoncello player, having been taught by the celebrated Robert Lindley, who pronounced him to be the best amateur pupil he ever had. He possessed a singular faculty for mental arithmetic. Retiring and unobstrusive to a fault, within his private circle no man ever had more firmly attached friends. He married, first, in 1816, Harriette, eldest daughter of Peter Hill, late of Carwhythenack, in the county of Cornwall, Esq., by whom he had several children, who all died in his lifetime, except one daughter, Harriette, the wife of Edward Davies Browne, of 22, Grove End-road, Esq. His first wife having died in Aug. 1851, he married, secondly, in Sept. 1853, Eliza, daughter of Charles Pearson, late of Ravensbourne House, near Greenwich, Esq., by whom he had no issue, and who is now his widow. His remains were interred in his family grave in Kensal Green cemetery. C. T. EALES, ESQ. THE late Charles Thomas Eales, Esq., of Eastdon, Devonshire, formerly distributor of stamps at Bristol, who died on the 24th ult., at his residence at Clifton, in the 81st year of his age, was the only son of the late Richard Eales, Esq., of Eastdon, many years distributor of stamps for Devonshire, who died in 1852, at the age of ninety; his mother was Elizabeth, daughter of Philip Young, Esq., of Netherexe House, Devonshire, and he was born in the year 1793. Mr. Eales, who was highly respected by all who knew him, held for many years the post of distributor of stamps at Bristol. He married in 1823 Frances Elizabeth, daughter of the late George Daniell, Esq., M.D., and grand. daughter of Sir Richard Warwick Bamptylde, Bart. (now represented by Lord Poltimore), and by her, who died in 1871, he had a family of two sons and a daughter. His elder son, Mr. Charles Eales, barrister.at-law, of the Inner Temple, is a clerk in the House of Commons. He was born in 1826, and has been twice married; first to Eleanor Halford, daughter of the late Capt. Rose H. Fuller, R.N., and secondly, to Diana, only daughter of the Rev. W. P. Hopton, of Canon Frome, Herefordshire, prebendary of Hereford Cathedral. His younger son, Lieut.-Col. George Daniell Eales, of the Bombay Staff Corps, died on the 19th ult., on his passage home from India. J. C. GROCOTT, ESQ. THE late John Cooper Grocott, Esq., solicitor, of Liverpool, who died recently at his residence in that town, at an advanced age, in early life formed he was accordingly apprenticed to a firm of ship. a strong desire to follow the sea as a profession, brokers, and went to sea on board a Liverpool ship called The Sally. After the first voyage, office, but soon afterwards gave up his commercial however, he accepted a situation in a broker's pursuits and adopted the law as his future avoca tion. After serving his articles, he was admitted time up to the period of his decease, his legal an attorney in Trinity Term 1821, and from that career, says the Liverpool Mercury, has been one of marked success. above journal, "Mr. Grocott," says the was an authority upon recondite questions of law. He was known as one of the best 'old case' lawyers in Liverpool, and it was always to him a pleasing duty to 'coach' younger practitioners upon points of law which the more modern school of advocates might consider oldfashioned, but which are regarded as necessary to a successful practice in the local courts. He was a voluminous writer upon legal subjects, and his book upon the practice of the borough court of Liverpool, and treatises on kindred subjects, are regarded as standard works, and have run through several editions. He was looked upon for years as the leader of the County Court bar. During the absence of the registrar, Mr. Hime, he frequently acted as his deputy, and his courteous, kindly demeanour won for him the esteem of the judges and the officials of the court, as well as his fellow practitioners; in fact, he became to be regarded as one of the 'institutions' of the court." It was not only as a lawyer that Mr. Grocott earned for himself more than a local reputation, his literary acquirements were varied and extensive, and his Book of Quotations, an able and useful collection, has run through several editions. By the death of Mr. Grocott the office of sergeantat-mace to the corporation of Liverpool has been rendered vacant. His remains were interred at St. George's, Everton. FARROW, WILLIAM MORLEY, author, Chappel. Pet. Feb. 25. PEART, THOMAS, and GLEW, THOMAS JOHN, potato salesmen and commission agents, Oldham-rd., Manchester. Pet. Feb. 23. Reg. Kay. Sur. March 19. Feb. 10. Reg. Willoughby. Sur. March 13 Pet. RHYS, C. C. of no business, Wandle-rd, Wandsworth-com. Pet. Feb. 25. Reg. Brougham. Sur. March 13 To surrender at the Bankrupts' Court, Basinghall-street. BREMNER, GEORGE WILLIAM, commission merchant, Mansion House-bldgs, Queen Victoria-st. Pet. Feb. 27. Reg. Murray. Sur. March 17 NICOLL, HENRY, colonel in H. M.'s Indian Army, Dover-st. Pet. STEVENS, ALFRED, surgeon, Prince of Wales-rd, Haverstock-hill. LUCK, JOHN WILLIAM, Coal merchant, Castle-hill, near Ealing. BANKRUPTCIES ANNULLED. Liquidations by Arrangement. FIRST MEETINGS. Gazette, Feb. 27. ABBOTT, WILLIAM JOSEPH, paper manufacturer, Pilton. Pet APSDEN, JAMES, fustian dealer, Manchester, also cotton spinner, Pet. Feb. 21. March 13, at four, at office of Edmonds Davis, and Clark, 46, St. Jamesst, Portsea. Sol. King, Portsea ATTWOOD, WILLIAM HENRY, carpenter, Luton. Pet. Feb. 23. March 18, at two, at the George hotel. Luton. Sols. Troherne and Wolferstan, Ironmonger-la, Cheapside BARNARD, SIMON, boot maker, Mundon-ter, Hammersmith. Pet. Feb. 20. March 12, at three, at office of Rogers and Baron, Moorgate-st. Sol. Watson, Basinghall-st BERRY, GEORGE, miller, Uckfieid. Pet. Feb. 25. March 12, at twelve, at the Crown hotel, Lewes. Sol. Stiff, Eastbourne BIRMINGHAM, THOMAS, builder, Broadclist. Pet. Feb. 23. March 12, at eleven, at office of Harris, Wreford, and Co., accountants, Exeter. Sol. Higgins, Exeter BONFELLOW, JAMES ONESIMUS, auctioneer, Great Yarmouth. Pet. Feb. 24. March 13, at eleven, at office of Sol. Rayson, Great Yarmouth BOYLETT, DANIEL, smith, Worplesdon. Pet. Feb. 24. March 14, at two, at the County and Borough Halls, Guildford BRAUTIGAM, JOHN, baker, Marshall-st, Golden-sq. Pet. Feb. 23. March 13, at four, at office of Sols. Messrs. Young, Mark-la BRIGHT, CHARLES, boot inanufacturer, Freuschool-st, Horselydown. Pet. Feb. 24. March 17, at two, at offices of Mogg, accountant, Bishopsgute-st-without. Sol. Christmas, St. John'schmbs, Walbrook BROMLEY, GEORGE EDWARD, grocer, Halifax. Pet. Feb. 23. March 12, at eleven, at omice of Sols. Norris, Foster, and England, Halifax BROOKE, GEORGE, commission agent, Batley. Pet. Feb. 24. March 12, at ten, at office of Sol. Wooler, Batley BURKE, LAWRENCE, grocer, Mill-st, Dockhead. Pet. Feb. 19. March 9, at three, at offices of Sols. Chipperfield and Sturt, Trinity-st, Southwark CHATBURN, JOSEPH JORDAN, fent dealer, Manchester. Pet. Feb. 25. March 12, at twelve, at onloos of Sols. Stevenson, Lycett, and Co., Manchester COUSINS, RICHARD WILLIAM, optician, Swanson. Pet. Feb. 21. March 10, at eleven, at offices of Sols. Davies and Hartland, Swansea Cox, CHARLES, leather dealer, Kettering. Pet. Feb. 24. March 12, at twelve, at offices of Sols. Beale, Marigold, and Beale, Birmingham COXON, FREDERICK, blacksmith, Boston. Pet. Feb. 24. March 12, at eleven, at office of Sol. York, Boston ROCKER, JOSEPH, Sailmaker, Ramsgate. Pet. Feb. 21. March 9, at three, at the Guildhall tavern, city, London. Sol. Edwards, Ramsgate DANIELS, THOMAS, butcher, Upper Hellesdon. Pet. Feb. 25. DUPREZ, JOHN LOUIS PHILIP, photographer, Plymouth. Pet. EDWARDS, JOHN, joiner, Buckley. Pet. Feb. 24. March 13, at PATKIN, WILLIAM, farmer, Leeds. Pet. Feb. 23. March 12, at HOLT, CHARLES, accountant, Coventry. Pet. Feb. 23. March 11, at twelve, at office of Sol. Minster, Coventry HORN, WILLIAM, staymaker, Penrith. Pet. Feb. 25. March 14, at two, at office of Sol. James, Penrith HOUSTON, JAMES, tailor, Crewe. Pet. Fob. 24. March 14, at ten, at office of Sol. Cooke, Crewe JACKSON, GEORGE LANGHAM, butcher, London rd, Bromley-byBow. Pet. Feb. 23. March 11, at three, at office of Sols. Wood and Hare, Basinghall-st JETTER, JOHN, draper, Green-st, Bethnal-green. Pet. Feb. 25. March 18, at half-past two, at offices of Sol. Paterson, Bouverie street JONES, JOHN, and EDWARDS, GEORGE, builders, Birmingham. Pet. Feb. 24. March 12, at eleven, at offices of Sol. Hodgson, Birmingham JORDAN, GEORGE HENRY, straw hat manufacturer, Luton. Pet. Feb. 21. March 17, at one, at offices of Sol. Jeffery, Luton JOYCE, JAMES SMITH, brewer, Brixton-brewery, Brixton. Pet. Feb. 20. March 12, at two, at office of Sols. Harper, Broad, and Battock, Rood-la KELLY, JOHN COOKSON, bag manufacturer, Gray's inn-road, and Woodstock-rd, Finsbury-pk. Pet. Feb. 24. March 16, at two, at office of Sols. Dalton and Jossett, St. Clement's-house, Clement'slane, Lombard-st KENYON, RALPH, tea merchant, Blackburn. Pet. Feb. 25. March LIDWELL, JOSHUA EDWARD, chemist, High-st, Notting hil. Pet. LOVELL, JOHN THOMAS, grocer, Louth. Pet. Feb. 24. March 16, at three, at office of Sols. Mason and Falkner, Louth MARGETTS, JOSEPH WILLIAM, stationer, Kingsland-rd. Pet. Feb. 24. March 13, at two, ut office of Sol. Poole, Bartholomew. close |