« EelmineJätka »
BANK CHARTER ACT.
railway shareholders. Although the metropolitan unaltered. Ho understood, also, that the new Fardell for the trustee. lines were the most aggrieved, the inequality of treaty would be one of navigation as well as com. Marten opened the groceedings by stating the the tax pressed on all the lines having suburban merce. Our Government had concluded a supple- facts; whereupon services. It was idle to call railways monopolies, mentary convention which gave some further pro
His HONOUR called upon the companies having paid most liberally for the tection to trade marks, and it was satisfactory to De Gex and Ford North, who contended that the property they had taken, and generally had by hear that the international commission on the decision of the learned judge of the Manchester their works caused a large increase in the value Suez Canal had recommended that the levying
of County Court
that of the estates through which their lines passed. dues on the gross tonnage should be abandoned. there was neither an assignment nor agreement The public and companies suffered alike in some The appointment of the railway commission also to assign the property to the surviving partners respects from the duty. When the third class would be beneficial. With respect to a Tribunals on the death of either of the other two, and in fare exceeded 1d. per mile the great bulk of of Commerce Bill, he regretted that private mem- support of the contention cited numerous cases. that class of traffic was still carried by the bers of Parliament had not been able to deal with His HONOUR, without hearing a reply, held parliamentary trains. Those trains at some the subject satisfactorily, owing to the rule which that the creditors of the four partners were at seasons were crowded to excess, to the great in. prevented the Bills of such members coming on liberty to sue the representatives of the deceased convenience of the traveller and of the company, after half.past twelve o'clock. The chairman partners and the continuing partners, but had no causing confusion, risk of accidents, and un concluded by an expression of regret at the right to apply any particular assets in discharge punctuality. The contention of the Commis. lamented death of Mr. Lupton, of Leeds, one of their debts. The representatives of the de sioners of Inland Revenue before referred to of the honoured founders of the association. ceased partners had no claim to the partnership obstructed any arrangements for a substantial The motion for the adoption of the report having assets until the joint debts were all paid. At the remedy of this inconvenience. The duty pressed been seconded by Mr. Behrens, of Bradford, was time of the bankruptcy the continuing partners most heavily on the southern lines, upon which carried unanimously.
who were liable for all the debts, were in posses.. the passenger traffic greatly exceeded the goods
THE DEBTORS' ACT.
sion of the partnership property, and the only traffic. The association trusted that every share. Mr. Staples, of Leeds, movod “That the way of administering the estate was to treat all holder would communicate with his representative Debtors' Act 1869, sect. 5 sub-sect. 2, throwing the creditors as if they had all proved their in Parliament, and urge upon them the considera. the burden
of proof of a debtor's ability to pay on claims under the bankruptcy: There was no tion of this important question, and solicit their the plaintiff is, in its operation, unjust and unrea. foundation for the question raised by the special support of the total and unconditional repeal of sonable; and it is the opinion of this association case, and the order was therefore varied by the duty. He hoped that every shareholder would that the onus of proof of inability to pay should answering the special case in the negative. The sign the memorial. A copy of it would be sent to be upon the defendant, whose non-appearance costs of all parties to come out of the estate. every shareholder in Great Britain for signature, when summoned should be contempt of court.' to be returned by post to the association. He The present law placed the plaintiff at a great then moved a formal resolution to the effect that disadvantage, as, in many cases, it was impossible (Before Mr. Registrar Roche, sitting as Chief
Tuesday, March 17. the meeting approved the memorial, and that it for him to prove the debtor's ability to pay. be presented to the Chancellor of the Exchequer. Mr. Hurst, of Leeds, seconded the motion,
Judge.) : Mr. Morgan seconded the resolution, remarking whicb, on a division, was carried by 39 to 1.
Re BARRETT. that no property in the country was so badly
Injunction-Discretion of court-Fraud of debtor represented in Parliament as railway property, Mr. Barker, of Sheffield, moved a resolution to
-Composition, although apparently there were so many members the effect that the association was of opinion that This was an application on behalf of Mr. J. J. to represent it. (Hear, hear.)
the subject of the Bank Charter Act 1844, was Barrett, surgeon, of Balham, for an injunction to A discussion ensued, in which Mr. Hale, Mr. worthy of the consideration of a select committee restrain proceedings in an action brought by Mr. Castleman, the Rev. Mr. Hodgson, Mr. Wright, of the House of Commons, or of a Royal commis. Albert Flaming, solicitor, for the recovery of a and other shareholders, took part. The resolution sion; and that a memorial be presented to her sum of £54, was carried unanimously.
Majesty's ministers embodying the resolution as Washington supported the application. Mr. Adams then moved a resolution to the an expression of the opinion of the association. Plumtree opposed it. effect "that copies of the memorial to the Chan. In the discussion which followed, Mr. Mundella It would appear that in July last the debtor cellor of the Exchequer be sent to every director suggested that the association should draw the presented a petition to this court under the and shareholder for signature, to be returned at attention of the Chancellor of the Exchequer to arrangement clauses, and at the first meeting çf once to the association, requesting each share the necessity of inquiring into the Bank Charter creditors a resolution was passed, and afterwards holder to ask the members representing him in Act, but not propound any theory of their own. duly confirmed, to accept a composition of 3s. 60. Parliament to vote for the repeal of the passenger The resolution was carried.
in the pound. At that time Mr. Fleming was & duty."
Many other important questions were also con. creditor for £66 in respect of law costs; he Mr. Ball seconded the resolution, and it was sidered.
proved his debt, opposed the registration of carried unanimously.
the resolution, but ultimately received his divi. Mr. Castleman proposed a vote of thanks to the chairman for presiding, and to the hon. secretary
dend. In opposition to the application, it was BANKRUPTCY LAW.
contended that, the debt having been contracted for his able services. The resolution was carried
by fraud, the creditor was not bound by the reso. unanimously, and the proceedings then termi.
NOTES OF NEW DECISIONS.'
lution. With reference to the charge of fraud, nated.
DEBTOR'S SUMMONS-NON-PAYMENT UNDER- the evidence showed that Mr. Fleming had been
SECOND PETITION—THE BANKRUPTCY RULES, to the sale of some property of which he professed
R 39.—Prior to the hearing of a bankruptcy peti- to be the owner. A purchaser having been found, tion an arrangement was entered irto between the the debtor admitted that the property did not
petitioning creditor and the debtor, by which the belong to him at all, but explained that he had ASSOCIATED CHAMBERS OF COMMERCE. petition was dismissed as for want of prosecution acted in the matter under the authority of his The annual meeting of the Associated Chambers
in consideration of the debtor having promised to father, who was the real owner. Mr. Fleming of Commerce of the United Kingdom commenced give security for the debt. The debtor having thereupon declined to act for the debtor any on Tuesday last and continued on the two failed to give the agreed security, the creditor, by further, and, having received the dividend upon following days, at the Westminster Palace Hotel, I leave of the court, presented a second petition the amount of his debt, sued him for the balance. Mr. Sampson S. Lloyd, M.P., in the chair. There based upon the same act of bankruptcy. It being The allegation of fraud was denied on the part of was a large attendance of delegates from various objected on behalf of the debtor that the act of the debtor. parts of the country.
bankruptcy had been purged by the dismissal of Plumtree, in the course of his argument, puinted The London agent (Mr. Hole) read the report, the first petition :. Held, that the petitioning out that, by the 15th section of the Debtors' Act, which dwelt on the following questions : Bank? creditor was, under the circumstances, entitled to
a debtor making a composition with his creditors ruptcy, Law Amendment, Tribunals of Commerce present the second petition : (Ec parte Love, re remained liable for the unpaid balance of any Bill, Registration of Trade Marks Bill, Registra- Jagger, 30 L. T. Rep. N. S. 71. Bank.)
debt incurred by fraud, “provided the defrauded tion of Firms Bill, Railway and Canal Act, Bank
LIQUIDATION-BANK OF DEPOSIT-VERBAL creditor had not assented to the arrangement or Charter Act, Income Tax, Trade with Spain and
ASSENT TO.-The provisions of ss. 20, 30, of the composition otherwise than by proving his debt Portugal, Adhesive Stamps on Bills of Exchange, Bankruptcy Act 1869, and the 109th rule, with and accepting dividends." Bills of Lading, Charges by Receivers of Wrecks, respect to the duty of a trustee under a bank.
His HONOUR, in giving judgment, said the Merchant Shpping, Supply of Sails for the Mer? ruptcy to audit his accounts, and pay all moneys statute gave the court power to restrain any action cantile Marine, Suez Canal Dues, Minister of Com. into the Bank of England unless otherwise which might be brought against a debtor, but the merce, French Chamber of Commerce, Imperial directed by the creditors, or the committee of jurisdiction must be exercised
with discretion. and Local Taxation, &c. The report added that inspection, apply also to liquidations by arrange- Having regard to the decided cases, he thought the Parliamentary session of 1873, like its pre- ment. Under a liquidation, however, it is not in the creditor had a right to try the question as to decessors, had not been fruitful of measures every instance necessary, under sect. 125, cl. 8, by the alleged fraud in a court of common law. The affecting commerce. Though the production and formal resolution to prescribe the bank into which application would therefore be refused. export of one or two important branches of manu. the moneys are to be paid if the evidence clearly facture exhibited a diminution, the council be. shows that the creditors have assented to and lieved that the year had, on the whole, been one adopted the course proposed by the trustee : (Ex
HALIFAX COURT OF BANKRUPTCY. of extensive productions, though, from the great parte Old, re Bright, 30 L. Ť. Rep. N. s. 72. want of prices, not one of great profit to the mer. Bank.)
Tuesday, March 10. cantile and manufacturing cominunity generally.
(Before Mr. Registrar RANKIN (sitting for the The total number of chambers now in union with COURT OF BANKRUPTCY.
Judge.) the association was forty-nine. The chairman, in moving the adoption of the
Monday, March 9.
Ex parte HARPER and ANOTHER v. OGDEN and
MAUDE. report and statement of accounts, expressed his
(Before the CHIEF JUNGE.)
Hearing petition for adjudication-Act of bank. own and the council's satisfaction that the associa
Ex parte FURNESS AND OTHERS; Re J. A.
ruptcy on debtor's summons --Notice to dispute tion had met again in undiminished numbers. The
SIMPSON, SONS, AND Co.
act of bankruptcy only - Proof required of principle advocated by the association received Bankruptcy-Partnership-Surviving partners- petitioning creditor's debt-Time for issuing substantial support from chambers of commerre,
debtor's summons. and was thoroughly self-supporting from a finan. This was an appeal from the decision of the Judge England for petitioning creditors. cial point of view. If the association could not of the Manchester County Court upon a special Xorace Smith for debtor Ogden. point to any large measure of reform during the case stated for his opinion in the above liquida- Godfrey Rhodes, for debtor Maude, not heard, past year, there were one or two subjects which tion. The case was reported in the Law Times not having given notice to dispute. afforded matter for congratulation. Whether the of 14th inst.
The facts of the case were shortly these : The new French treaty would be as satisfactory as Marten, Q.C. and Ambrose appeared for the petitioning creditors are maltsters, and the that which M. Thiers contemplated had to be appellants, the creditors of the two partners. debtors brewers, at Halifax, and the creditors determined, but it was satisfactory to hear that De Gex, Q.C. and Ford North for the respondents, had supplied the debtors with malt and hops in the rates of Mr. Cobden's treaty of 1860 remained ' the creditors of four partners.
the course of trade. In the heading of the creditors' invoices it was stated that a month's | before the court, from certain evidence then, Walpole's estate for an order that the furniture credit was allowed. The debt was £99 11s. 6d., giren, it appeared that the bankrupt had removed was in the debtor's possession order or disposition for goods sold, &c. Goods for about £74 of this certain boxes of goods from his premises.
within the meaning of the 15th section of the had been supplied previously to and on the 16th His Honour thereupon recommended that the Bankruptcy Act 1869, and passed to the trustees Jan. last, the rest afterwards. On the 17th Feb. bankrupt be prosecuted, but the trustees having for the benefit of and formed part of his estate. demand was made of the whole of the debt. It no funds in hand, were unable at that time to do F. Acton, of Nottingham, for the trustee under appeared by affidavit filed that both of the debtors so. The matter then stood over, none of the Corby's estate, shored cause.—The debtor is not thereupon refused to pay the debt. The same creditors (except the one above referred to) having a trader, and the 15th section has no operation. day (17th Feb.) a debtor's sumrrons pas issued been paid. On the 29th July last, however, the The agreement gives Corby and Co. a right to and duly served, and no notice having been given trustees, from certain information then received, take possession on Walpole calling his creditors for moro than seven days of any application to seized a large stock of drapery from the bank together, and the case is governed by Es parte dismiss the summons, a petition for adjudication rupt's premises at Friendly House, Grantham, Emerson, re Hawkins (41 L. J., N. S. 20). -alleging the default in paying or securing the aforesaid. The bankruptcy being still in con- J. Bright, contra.-The debtor describes him. debt due on the summons as the act of bank. tinuance, the bankrupt not having obtained his self as formerly carrying on business as a matruptcy-was filed, and duly served, and a day discharge, and he trading at the time in his own tress manufacturer, and there are now debts fixed for the hearing. The debtor Maude gave no name. Since that time there had been a consider-owing by him which were or had been incurred notice of disputing the adjudication. Tho debtor able amount of litigation going on in the matter, then. The case is distinguishable from Ee parte Ogden gave notice of disputing the act of bank. the bankrupt having filed a petition for liquida- Emerson. In that it was a mere hiring, in this, ruptcy only.
tion of his affairs in the Nottingham County in fact, it is a conditional sale. The hiring could On the hearing this day H. Smith proposed to Court (which proceedings were afterwards trans- not be terminated whilst the instalments were show that there was no debt due sufficient to ferred to the Manchester Court), under which duly paid. If all the instalments but one had support the petition, whereupon England ob certain trustees were appointed, they laying claim been paid, could Corby and Co. claim the furni. jected to the court entering upon that inquiry, to the property in question. The property was ture on Walpolo then instituting proceedings in no notice having been given of disputing the also claimed by one Brown (an alleged partner), liquidation ? I think not. The agreement should petitioning creditor's debt, and he quoted cases in and a bill of sale holder (one Thos. Rees, solicitor), be registered under the Bills of Sale Act. The support of his argument, but it did not appear the latter claim being for £1000.
case is governed by Darby v. Smith (8 T, R. 82). whether in those cases the act of bankruptcy was After the matter had been thoroughly discussed, After Walpole, the debtor, had been examined founded on a debtor's summons.
his Honour held, that the property seized by as to his debts and business transactions during The REGISTRAR.-I should be governed by the trustees belonged to them, and ordered, first, the last three years, those cases if the act of bankruptcy in the pre- that the fund be applied in paying the creditors of The REGISTRAR found, as a fact, that he was sent instance were one of those specified in sub. the bankrupt in full ; secondly, that the trustees a tiader within the meaning of the 15th section sections 1, 2, 3, 4 or 5, of the 6th section of be allowed their costs; and, thirdly, that the of the Bankruptcy Act 1869, and held that the the Act. Those acts of bankruptcy are each bankrupt be prosecuted out of the said fund, and furniture was in the debtor's possession order or single in substance, and quite distinct from, and that the balance be paid into the Manchester disposition, and passed to the trustee under independent of à petitioning creditor's debt, court to abide the decision on further claims. Walpole's estate for the benefit of his creditors. and therefore if adjudication in such cases be R. Toynbee appeared for the trustees, Messrs. opposed, notice should be given to dispute the Jay and Lister. debt (if 'so intended) as well as the act of bank- W. T. Page for certain claimants.
LEGAL NEWS. ruptcy. But here the act of bankruptcy under Palmer (of counsel) for the alleged partner and sub-section 6 is composed of many items, cach of bill of sale holder.
THE TICHBORNE CASE AND THE RULES OF which must be proved to make up altogether the
EVIDENCE.-Mr. Fitzjames Stephen, in & letter act of bankruptcy. You must prove that a suffi.
to the Pall Mall Gazette, says: "The relation of cient debt was due, that demand was made for NOTTINGHAM BANKRUPTCY COURT. the Tichborne case, both to the legal rules of evi. payment, that in default of payment a summons
Monday, March 16.
dence and to its rational principles is a very was issued and duly served, and that the seven
curious matter, which I cannot discuss at present days had olapsed without payment of, or security (Beforo Mr. REGISTRAR PATCHITT, sitting as
I will confine myself to saying that for some Therefore, notice of disputing
reason or other the ordinary rules appear by this particular act of bankruptey comprises in Re F. WALPOLE ; Ex parte YOUNG AND ROGERS. common consent to have been relaxed to a re. itself notice of disputing all the items of which Bankruptcy Act 1869, s. 15-Reputed ounership. markable degree. If the counsel on the one side that act is composed; of which the fact of a debt UNDER an agreement for the hire of certain furni. and the other had insisted upon the exclusion of being due is certainly an important one. I must ture at £2 per week, the furniture to become the all matters which are commonly excluded, the therefore overrule Mr. England's objection, and I property of the hirer on the payment of a certain case would have been considerably shortened. I will take evidence as to the debt.
number of instalments, on a petition for liqui. will give a single instance of what I mean. In The account for goods sold, &c., having been dation by hirer, and the furniture being then in the early part of the charge of the Lord Chief proved,
his possession, it was held to be in his order and Justice (p. 8 of the unabridged report) there is H. Smith proposed to reduce the amount which disposition, and passed to his trustees, notwith inserted at full length a letter from Sir James could be legally inserted in the summons,
by standing the whole of the instalments had not Tichborne to Lady Tichborne's father describing striking off the items dated on and after the 16th been paid.
his various domestic troubles. This is used by January, as not being due nnder the heading of In the course of the arguments the following the Chief Justice as evidence to explain Lady the invoice allowing a monih's credit; and he appear to be the facts of the case :
Tichborne's character, and to show the sort argued that the demand having been made on the Frederick Walpole, prior to Dec. 1871, carried of influences which were at work in the for17th Feb., and the summons issued the same on business as a mattress manufacturer, at 2, mation of Roger Tichborne's character. How day, the latter was premature and invalid, as the Malin Hill, Nottingham, and then removed to this letter can have been what is technically debtors were entitled to a reasonable period after London-road, where he carried on business as a called "evidence" I cannot imagine. It is a demand, within which to settle.
bobbin and carriage mender, in which capacity he statement made by the father of the man whose The REGISTRAR.-A sufficient amount of debt employed two apprentices besides his family. identity is in question to his grandfather about was dne on the 16th Feb., after allowing the On 1st March, 1871, Walpole hired or pur, the character of his mother, and it is used to month's credit. It may seem a quick movement chased some furniture of Messrs. T. Corby and explain the reasons why his education followed a to demand payment the next day, and issue a Co., under an agreement, which was as follows : parti ular course. “Hearsay" has been defined summons immediately afterwards; but then the The said Thomas Corby and Co. hereby agree in all sorts of ways, but if this is not hearsay parties never applied, as they might have done, to to let, and the Frederick Walpole agrees to hire, nothing is. As an illustration of the difference dismiss the summons, but let the seven days the goods specified in the schedule hereto at £2 between a strict and lax interpretation of the allowed expire. A reasonable time, no doubt, per week. In case any of the said weekly pay, rules of evidence, I may observe that a few days ought to be allowed as a general rule, but in this mants shall be in arrear, or the said Frederick ago a commonplace action was tried for the particular case I think it might be dispensed Walpole shall call his creditors together, or shall wrongfuldismissal of a servant, which was justified with, as the debtors, it appears, expressly refused become bankrupt, compound with his creditors, on the ground that he was habitually drunk. The to pay; and after that could not expect further or cease to reside in his residence, then it shall be evidence of people who had known him well, and time. Moreover, I am of opinion that the items lawful for the said Thomas Corby and Co., their seen him constantly during the whole term of his of account of date previous to the 16th Jan. agent or agents, to enter the premises where the service (two or three months), and who were prewould by themselves make up an amount suffi. aforesaid goods may be and retake possession of pared to swear that they never knew him drunk cient to support the petition. I consider the the said goods. In case the said weekly payments on any occasion whatever was tendered by his debtor's summons a valid one, and a sufficient shall be punctually made until payment in full, counsel. The evidence was excluded, on the debt proved, as well as the other requisites on then the said Thomas Corby and Co. do hereby ground that it was irrelevant, and that the which to adjudicate.
agree to assign the said goods and furniture over plaintiff was bound to show that he was not drunk Order of adjudication granted. to the said Frederick Walpole.”
on the particular occasions when it was suggested It did not appear in the agreement what was that he was drunk. I do not say that this was
the total sum to be paid by instalments, but wrong, but I do say that if the parties had been LINCOLN COUNTY COURT.
Corby and Co. entered in their book the price of held as close to the issue in the Tichborne case, Tuesday, March 10. the goods as £116.
Sir James Tichborne's letters about his wife, a
On the 12th July 1873, Messrs. Corby and Co. vast deal of matter as to the sayings and doings (Before JAMES STEPHEN, Esq., LL.D., Judge.) filed a petition for liquidation of their affairs, and of intermediate agents, the novels which were read
Re William PEARSON (a bankrupt). Charles Rogers was appointed trustee of their pro- by Roger Tichborne, and much other matter Bankrupt's property-Prosecution for fraud-perty.
would have been shut out. It is, for instance, by Costs.
Walpole paid twelve of the instalments, and at no means easy to explain the grounds on which A MOTION was made to the court in this matter the time of his filing a petition for liquidation he some of the evidenoe about Luie was let in. The on behalf of the trustees of the bankrupt, Messrs. was in possession of the furniture, and there was general rule about contradicting witnesses I have Jay, of Lincoln, and A. T. Lister, of Gainsborough, owing 247 103. in respect of arrears of the instal- always supposed to be that a witness may be con. for an order declaring certain drapery stock ments.
tradicted as to any matter relevant to the inquiry seized by them as such trustees on the bankrupt's On the 6th Feb. 1874, Walpole fled a petition to which he deposes, but that he cannot be con. premises at Spittlegate, Grantham, on the 29th for liquidation, and described himself as “for. tradicted on matters which affect his credit only, July last, to be their property as against certain merly crrying on business as a mattrass manufac though he may be indicted for perjury if he spears other claimants. It appears that Pearson was turer, but now as a bobbin and carriage mender," falsely upon them. I do not pretend to say made a bankrupt in Sept. 1871, he residing at that and at the meeting of creditors Messrs. Young and whether this principle might not be made to cover time at West Kennel Ferry, Owston, Lincoln. Rogers were appointed joint trustees, the trustee what was admitted against Lnie ; but in common shire, and carrying on the business of a draper of Thomas Corby and Co. proving for the said sum cases it would have been found in practice nearly there. The whole of his then estate, however, of £47 10s. against the estate of Walpole, and as difficult to get the evidence given against him passed to one Peter Platt, a bill of sale holder. voting at the meeting.
admitted as to procure the evide ice itself. Some The trustee contested the latter, but without J. Bright (A. Parsons and Bright), of Notting. other matters, and particularly the enormous success. Shortly after this, on the matter coming ham, now applied on behalf of the trastees under length of the speeches of the defendant's counsel
and the extreme minuteness of the summing up, that such a resolution is carried, and although, of 2. Hallam's Constitutional History. seemed to render the case interminable. It course, it will not come with authority from the 3. Broom's Constitutional Law. would not become me to criticise the manner in above society, still it may lead to the matter Candidates for a pass certificate will be (sc which judges and counsel exercised their discre- being considered by the Benchers of the Inns of amined in No.1 and No. 3 only, or in No. 2 and tion. It is a matter on which no two persons Court and the council of the Incorporated Law No. 3 only of the foregoing subjects, at their would be of the same opinion. To many persons, Society.
option. for instance, it might appear that the best defence
EUROPEAN ASSURANCE ARBITRATION.-On
The examiner in equity will examine in the fol. which could have been made for the defendant Friday, the 27th inst., Lord Romilly will com
lowing subjects :would have consisted of an expansion of the mence a sitting in this arbitration.
1. Trusts. simple remarks that the burden of the proof lay
2. Specific performance. on the prosecution, that it was impossible to five years has ably filled the office of magistrates' amined in the above-mentioned subjects. We learn that Mr. W. J. Hollist, who for forty
Candidates for & pass certificate will be ex. justify the defendant's conduct or even to explain Clerk for the Farnham division, has resigned his parts of it ; but that so large a number of persons appointment. The magistrates, in recognition of
The examiner in the law of real and personal pot Orton, that the jury ought to give him the Mr. Hollist's services, have paid him a graceful property will examine in the following subjects :
1. The Feudal law, as adopted in England, and benefit of the doubt. A great defender of compliment by presenting him with a handsome the statutory changes in it. prisoners once remarked to his junior, in a case of and valuable silver salver, bearing an appropriate
2. Estates, rights, and interests in real and murder which they were defending, " This is a
inscription. The appointment of magistrates' personal property; and assurances ard contracts case in which we must begin by dismissing from Sherkhas, we anderstand, been conferred upon concerning the same.
3. Mortmain: Perpetuity or remoteness ; conthe facts together there is but one conclusion for man already fully conversant with the duties, and ditions : easements : notice ; election and 'satisthem to point to." I was reminded of this by the who will fulfil them with much ability.
faction. Tichborne case, and thought it indicated the DUTIES TO BE PERFORMED BY THE CHIEF Candidates for a pass certificate will be exproper line of defence; but, of course, an out- CLERK IN THE JUSTICE ROOM AT THE MANSION amined in the elements of the foregoing subjects. sider's impression on such a matter is worth very HousE.-Among these, which are arranged under The examiner in common law will examine in little. To others it might appear that the different headings, and which number in all nine- | the following subjects :summing up need hardly have been so minute, teen, we understand that the following are to be 1. The law of contracts and mercantile law. considering the extraordinary knowledge of the found : 3. To hear in private all applications for 2. The law of torts. case which the jury had acquired by their pro- process relating to criminal and other cases, and 3. The law of crimes. longed attention. But, after all, questions like to see sufficient evidence is given by way of infor- 4. The law of procedure and evidence. these must be left to those who have to decide mation and deposition or otherwise as required by Candidates for a pass certificate will be ox. them, and who are responsible in many ways for law, before the issue of any summons or warrant. amined on general and elementary principles of the correctness of their decision."
To advise on the admissibility, &c., of evidence. law. MR. WHALLEY
9. To superintend, direct, and control (amongst The examiner in jurisprudence, civil and inter The following has been published : “16, Suffolk- others) keeper of the lock-up, front door keeper,
national law, and Roman civil law, will examine street, Pall Mall, March 18, 1874. To the gate porter, day and night watchmen. 15. To in the following book and subject : Treasurer of the Honourable society of Gray's be seen from the above
that the duties, which are and Introduction.
appoint the laundress to the justice room. It will The Institutes of Justinian, with Sandars' Notes Inn. Sir,-As I see by the public press that
Candidates for the Benchers are moved to investigate Dr. numerous and responsible, extend from having to
& pass certificate will be Kenealy's
conduct in the late trial at Bar of the advise as to the acceptance or rejection of evidence, examined in the above-mentioned book and Queen v. Tichvorne, I think it right and
respectful or indeed from being soundly read in the law of subject. to the Bench, being myself a member of Gray's the care of night watchmen. Elsewhere we pub
evidence, to the appointment of laundress, and Inn, to intimate that it is my intention to prefer lish the opinion of one of the many would-be can. a charge against Mr. Hawkins, Q.C., to the didates for this vacant office. The salary is to be
TRINITY TERM 1874. Benchers of the Middle Temple, for the conduct not less than £800 a year, but with no perquisites.
Examination of Candidates for Studentships, of that gentleman in imputing to me the having Candidates must be members of the legal profes
Horours, and Pass Certificates. been engaged in a conspiracy to promote the cause sion. He who is successful must give up all other following rules :
The attention of students is requested to the of the defendant, without any grounds for such business, and devote himself solely to the duties accusation, and, as I have reason to believe of the office. Unhappy lawyers !
As an encouragement to students to study without any instructions, connecting with myself
jurisprudence and Roman civil law, twelve in such groundless and gratuitous imputations
studentships of 100 guineas each shall be estaLord Rivers, Mr. Onslow, and others, with the
blished, and divided equally into two classes ; the object and, as I believe, the result of making LAW STUDENTS' JOURNAL. first class of studentships to continue for two available his position as counsel for the prosecu
years, and to be open for competition to any tion for preventing a fair trial and defeating the
COUNCIL OF LEGAL EDUCATION.
student as to whom not more than four terms ends of justice. I have the honour to be, Sir,
shall have elapsed since he kept his first term ;
EASTER TERM, 1874. your most obedient servant, G. H. WHALLEY.
and the second class to continue for one year only, THE JURY ON THE TICHBORNE TRIAL.-When
Examination of Candidates for Pass Certificates. and to be open for competition to any student, not the late trial of the claimant had concluded, the Tur attention of students is requested to the then already entitled to a studentship, as to whom jurors addressed a letter to the Commissioners of following rules :
not less than four and not more than eight terms
No student admitted after the 31st Dec. 1872, shall have elapsed since he kept his first term; the Treasury, reminding their Lordships that at an early stage of the case the jury applied to the shall be examined for call to the Bar until he shall two of each class of such studentships to be court for a remuneration of two guineas per day: mitted after that day shall have the option of of the committee, after every examination before
have kept nine terms; except that students ad- awarded by the council, on the recommendation received by the Lords Commissioners of the late passing the examination in Roman civil law at Hilary and Trinity Terms respectively, to the two
students of each set of competitors who shall Government. The case, however, had continued any time after having kept four terms. much longer than was expected, and they submit which a student of any of the Inus of Court, prudence and Roman civil law. But the committee
An examination will be held in March next, to have passed the best examination in both juristhat such a sum “is by no means adequate to admitted before the 1st day of Jan. 1873, who is shall not be obliged to recommend any studentmeet the losses incurred,” inasmuch as the jury desirous of becoming a candidate for a certificate ship to be awarded if the result of the examination gaged in commercial pursuits, " to whom the of fitness for being called to the Bar, will be be such as in their opinion not to justify such
. continual absence from their respective businesses
recommendation. has been most disastrous.” In reply to this request examination will be required to enter his name at shall be entitled to compete for the studentships
Each student proposing to submit himself for Any student admitted before the 1st Jan. 1873 Mr. w. Law was instrncted to state that the the treasurer's office of the Inn of Court to which above mentioned; provided that at the time of subject in question had never been formally submitted to the Treasury until a few days before the he belongs, on or before Tuesday, the 24th day of his examination not more than eleven terms shall conclusion of the trial, and their Lordships then March next; and he will further be required to have elapsed since his
admission. instructed their solicitor to pay each juryman himself for examination is to obtain a certificate shall be examined for call to the Bar until he shall
No student admitted after the 31st Dec. 1872, munication the foreman wrote, in the
name of the preliminary to a call to the Bar, or whether he is have kept nine terms ; except that students jury, to express their disappointment, and to re- merely desirous of passing
the examination in admitted after that day'shall have
of quest the conmissioners to reconsider their deci. Roman civil law under the above-mentioned passing the examination in Roman civil law at any sion. To this letter their Lordships reply that
time after having kept four terms.
The examination will commence on Tuesday, they should not feel justified in sanctioning any the 31st day of March next, and will be continued which a student of any of the Inns of Court, who
An examination will be held in May next, to larger payment than the sum which has already
on the Wednesday and Thursday following: been authorised, and that, looking at the sacri.
is desirous of becoming a candidate for a studente
It will take place in the Hall of Lincoln's Inn, ship or honours, or of obtaining a certificate of fices persons similarly situated are often called upon to make in the interests of justice, they do and the doors will be closed ten minutes after the fitness for being called to the Bar, will be not regard the remuneration allowed as an illiberal time appointment for the commencement of the admissible.
examination. compensation for the time and labour bestowed.
Each student proposing to submit himself for AT a pension held on Wednesday evening the conducted in the following order :
The examination by printed questions will be examination will be required to enter his name at
the treasurer's office of the Inn of Court to which Benchers of Gray's-inn decided that it was in
Tuesday morning, the 31st March, at ten, on he belongs, on or before Tuesday, the 5th May cumbent upon them to institute an inquiry into
Constitutional law and legal history; in the next; and he will further be required to state in Dr. Kenealy's conduct during, and with reference
afternoon, at two, on equity. to the late Tichborne trial; and they have ap
writing whether his object in offering himself for
Wednesday morning, the 1st April, at ten, on examination is to compete for a studentship, pointed a committee to report upon the charges
common law; in the afternoon, at two, on honours, or a certificate preliminary to a call to which, in their opinion, Dr. Kenealy should be the law of real and personal property. the Bar ; or whether he is merely desirous of called upon to answer.
Thursday morning, the 2nd April, at ten, on passing the examination in Roman civil law under We understand that Mr. Charles Ford has ex- jurisprudence, civil and international law, the above-mentioned rule. pressed his willingness to move the following public and private, and the Roman civil The examination will commence on Monday, the resolution before the Union Society of London :
law; in the afternoon, at two, the oral 11th May next, and be continued on the Tuesday, “That in the opinion of this House the present examination of candidates for pass certi- Wednesday, Thursday, and Friday following: consolidated regulations of the four Inns of cates will be conducted by the several ex- It will take place in the hall of Lincoln's Inn; Court as affecting solcitors desiring to become aminers.
and the doors will be closed ten minutes after the members of the other branch of the Profession The examiner in Constitutional law and legal time appointed for the commencement of the require modification, and that greater facilities history will examine in the following books and examination. should be afforded to barristers at law desirous of subjects :
The examination by printed questions will be becoming solicitors.” We shall be glad to hear 1. Hallam's Middle Ages, chap. 8.
conducted in the following order :
Monday and Tuesday, 11th and 12th May, at following gentlemen, under the age of twenty-six, me anything; but, without any expectation of ten until one, and from two until five on as being entitled to honorary distinction :
being paid existing on my part, if you do after. each day, the examination of candidates for
1. William Arnold Hepburn, who served his wards make me a present I shall not be offended Studentships in Jurisprudence and Roman Clerkship to Messrs. J. G. Hepburn and Son, of or complain," --such a person, afterwards receiv. Civil Law.
London. The examination of candidates for honours and 2. John Archbald Dixon, who served his Clerk- definition subject to the penalty, and yet would pass certificates will take place as follows: Wednesday morning, 13th May, at ten, on
ship to Messrs. Hodge and Harle, of Newcastle. be clearly within the mischief intended to be upon Tyne.
guarded against. It seems to me that the words Constitutional Law and Legal History; in
3. Charles Gover Woodroffe, who served his which I have in red ink added to the section would the afternoon, at two, on equity. Clerkship to Messrs. Watson and Sons, of meet this contemplated difficulty.
J. B. Thursday morning, 14th May, at ten, on London.
[We have added these words in the reprint of Common Law; in the afternoon, at two, on the law of Real and Personal Property.
4. Charles Leopold Samson, who served his the Bill.--Ed. SoLs. DEPT.]
Clerkship to Messrs. Grundy and Kershaw, of Friday morning, 15th May, at ten, on Juris. Manchester.
LEGAL PRACTITIONERS' SOCIETY. I have read prudence, Civil and International Law, Public and Private, and the Roman Civil to Messrs. Fernandes and Gill, of Wakefield. 5. Herbert Beaumont, who served his Clerkship with interest and fervent wishes for its success
the draft of the Legal Practitioners' Act 1874, Law; in the afternoon, at two, the oral
The Council of the Incorporated Law Society which you have been good enough to publish in examination of candidates
for Pass Certifi- have accordingly awarded the following prizes of your columns. But let us not err by making the cates will be conducted by the several books :
law too stringent. No one acquainted with the examiners. The oral examination for the studentships and Society of Clifford's Inn.
To Mr. Hepburn, the Prize of the Honourable history of English legislation will deny that it is
not the severest law which generally succeeds honours will be conducted in the same order, To Mr. Dixon, the Prize of the Honourable best. I would suggest, then, that in addition to during the same hours, and on the same subjects, Society of Clement's Inn.
the proviso at the
end of sect. 3 there should be as those already marked out for the examination To Mr. Woodroffe, Mr. Samson, and Mr. Beau.
words (as in sect. 60 of Stamp Act 1870) exempting by printed questions. mont, Prizes of the Incorporated Law Society.
wills, agreements under hand, and transfers of JURISPRUDENCE, CIVIL AND INTERNATIONAL
The examiners have also certified that the stock, containing no trust or limitation, from the LAW. Candidates for the studentships will be examined six, whose names are placed in alphabetical order; be effected by altering the definition of instru:
following Candidates, under the age of twenty-operation of that section. The same object could in the following subjects:
ment" in sect. 2. Such an alteration would passed Examinations which entitle them to com1. The Institutes of Gaius and Justinian. mendation :
render the Bill more likely to pass, and more 2. The Consensual Contracts--in the Digest.
James Grundy, who served his Clerkship to Mr. effectual when in operation.' GEORGE WHALE. 3. The History of Roman Law. 4. General Principles of Jurisprudence, de- and Messrs. Woodcock and Ryland, of London.
Christopher Wilson Dawson, of Bolton-le-Moors, veloped by Bentham, Austin, Maine.
Arnold Hoseltine, who served his Clerkship to
NOTES AND QUERIES ON 5. General Principles of International Law, Mr. Charles Blake, of 4, Serjeant's Inn, London,
POINTS OF PRACTICE. Public and Private.
and Messrs. Cunliffe and Beaumont, of London. Candidates for honours will be examined in all
Isaac Gaitskell Jennings, who served his Clerkthe following subjects : Candidates for a pass ship to Megsrs. Benson and Moordaff, of Cocker
NOTICE.-We must remind our correspondents that this
column is not open to questions involving points of law certificate in No.1 only. month.
such as a solicitor should be consulted upon. Queries will 1. The Institutes of Justinian (with Sandars' William Morley, who served his Clerkship to N.B.- None are inserted unless the name and address of the Notes).
Mr. Henry Edward Mason, of Barton-upon- writers are sent, not necessarily for publication, but as a 2. The Institutes of Gaius (with Poste's Notes). | Humber.
guarantee for bona fides. 3. The History of Roman Law (Ortolan).
William Burd Pearse, wdo served his Clerkship 4. Principles of International Law (Woolsey). The Examiner in Constitutional Law and Messrs. Vizard, Crowder, and Anstie, of London. to Mr. John Pearse, of Hatherleigh, Devon, and
87. ASSIGNMENT OF TERM,- Would some one exLegal History will examine in the following books John Alexandar Tilleard, who served his Clerk plain how it is that a legal term cannot be assigned and subjects : ship to Messrs. Tilleard, Godden, and Holme, of
so as to give successive interests to successive takers : 1. Hallam's Middle Ages, Chapter 8.
ALCIPARON. 2. Hallam's Constitutional History.
London, and Messrs. McLeod and Watney,' of (Smith’s Eq. 10th edit. p. 133).
London. 3. Broom's Constitutional Law.
88. LIQUIDATING DEBTOR-CONVEYANCE.-I find it is Albert Watts, who served his Clerkship to Mr. the practice to make a debtor, whose estate is in liqui4. The Principal State Trials of the Stuart Period. Edward Watts, of Hythe, Kent, and Mr. John dation, a party with the trustee or trustees to any deed 5. The concluding chapter of Blackstone on Wills, of London.
of conveyance of real estate sold by the trustee in proThe Progress of the Laws of England. Candidates for honours will be examined in all Certificates of Merit.
The Council have accordingly awarded them
cess of realising the assets. Is it really necessary to do 80, and if a debtor refuses to join, can he be compelled, and how ?
M.J. the above-mentioned books and subjects: Candi. The examiners have further announced to the dates for a pass certificate only will be examined following candidates that their answers to the in No. 1 and No. 3 only, or in No. 2 and No. 3 only Questions at the Examination were highly satis
Answers. of the foregoing subjects, at their option. factory, and would have entitled them to Hono.
(Q. 64.) TEN YEARS' CLERK.-If "X.," whose letter The Examiner in Equity will examine in the rary Distinction if they had not been above the appeared in the LAW, Times of 21st Feb., will commufollowing subjects :
nicate with me, I shall be happy to supply him with the age of twenty-six :
information he requires. FRANCIS R. CROWTHER. 1. Infants.
Would have been entitled to Prizes.
9, Victoria-place, Scarborough. 2. Suretyship.
Thomas Mark Taylor. 3. Administration of Real and Personal Estates. 4. Mortgages. Richard Barker the Younger.
(Q. 73.)-ARTICLED CLERK.-Books, &c.-This sort
of inquiry is rather too frequent. It is absurd for an 5. Trusts.
W have been entitled Certificates of Merit. articled law student to expect his master to supply him Candidates for honours will be examined in the
Samuel Budd, B.A.
with a library. He is sure to have access to the more exabove-mentioned subjects, under heads 1, 2, 3,
pensive works of reference usually found in a solicitor's and 4: Candidates for a pass certificate only, in
Office, but he ought to buy his own text books. The
money is not wasted, for he will, if wise, make them those under heads 4 and 5.
The number of Candidates exanıined in this part of his mind, note them up, and always keep them The Examiner in the Law of Real and Personal Term was 179 ; of these 155 passed, and 24 were with him, even after obtaining his certitieate. Property will examine in the following subjects :
highly questionable whether a person who cannot afford postponed. 1. The Feudal Law, as adopted in England,
By order of the Council,
IBB. and the Statutory Changes in it.
E. W. WILLIAMSON, Secretary. 2. Estates, Rights, and Interests in Real and Law Society's Hall, Chancery Lane, London. (Q. 82.) NEGLIGENCE.-If, as is stated, the glass plate Personal Property, and Assurances and Contracts
was insecurely put in, that would amount to contribuconcerning the same.
tory negligence on the part of the owner of the ward
robe, and it is laid down by Byles, J. in Witherley v. 3. Mortmain ; Perpetuity or Remoteness; Conditions ; Easements ; Notice; Election and Satis
Regent's Canal Company (12 ¢. B. 8), that if the negliCORRESPONDENCE OF THE
Kence or default of the plaintiff was in any degree the faction.
proximate cause of the damage he cannot recover, howCandidates for a pass certificate only will be
ever great may have been the negligence of the deexamined in the elements of the foregoing sub- NOTE.-This Department of the Law Trxes being open to
fendant, and it was further decided in the same case
that no action will lie for the consequences of a negli. jects; candidates for honours will have a higher free discussion on all professional topics, the Editor is not examination.
responsible for any opinions or statements contained in it.
gent act where the party complaining has, by his own want of due care and
caution, been in any degree conThe Examiners in Common Law will examine
tributory to the misfortune.
J. R. in the following subjects :
LEASES OF THE LONDON CORPORATIONS.1. The Law of Contracts and Mercantile Law. Under this heading a letter appeared recently in 2. The Law of Torts. the Daily News, signed by “A Solicitor of Thirty
LAW SOCIETIES. 3. The Law of Crimes.
Years' Standing." I hope you will find space to 4. The Law of Procedure and Evidence.
direct attention to this scandal, namely, the in. LEGAL PRACTITIONERS' SOCIETY. Candidates for a pass certificate only will be sertion of a covenant by which lessees are forced The following is the draft of a Bill prepared by examined on general and elementary principles of to employ the professional men representing such the Parliamentary committee of the above society, examiners will require a more advanced knowledge with the leasehold property. Surely the public duced into the House of Commons on as early a of the application of those principles, and a know. have a right to employ their own solicitors in their day as the forms of the House will admit. We ledge of leading decisions. own concerns. The matter complained of falls published this last week, and
are asked again to By order of the Council,
little short of a public evil, and only needs ex. S. H. WALPOLE, Chairman. posure in the public press, and to be written in the draft at the suggestion of counsel and
do so in consequence of certain alterations made Council Chamber, Lincoln's Inn,
down by your powerful pen, to ensure a cessation country members of this suciety :-24th February, 1874. of such a practice. It causes much inconvenience
Whereas it is expedient to discourage the emour branch of the Profession.
ployment of unskilled and unqualified persons in
A LONDON SOLICITOR. EXAMINATIONS AT THE INCORPORATED
the preparation of legal documents, and to LAW SOCIETY.
amend the laws relating to bills of sale.
reading clause 3 of the Bill of The Legal Prac- 1. This Act 'may for all purposes be cited as Final Eramination.
titioners Act 1874, it strikes me that a person “ The Legal Practitioners' Act 1874." At the Examination of Candidates for Admission who should say to another: “I will prepare for
2. In the construction and for the purposes of on the Roll of Attorneys and Solicitors of the you a legal document; I will not charge you any. this Act the following words shall have the meanSuperior Courts, the Examiners recommended the thing for it, nor do I wish you to promise to pay | ings by the section assigned to them, unless it is
It is manner.
otherwise provided, or there be something in the forming some daty which, in modern society, Let them suppose that good working commis. context repugnant thereto.
must be considered as à necessary of life. sioners had been secured, men well acquainted (1.) "Qualified practitioner" means and in. Looking abroad they saw still more significent with manufactures and fairly conversant with the
cludes any serjeant-at-law, barrister, duly signs of change, and one of the great Powers on law. They should, in the first place, determine : certificated attorney or solicitor, proctor, the Continent had recently considered the patent First, That the invention was a proper one to be notary public, certificated conveyancer, system, and determined to have no more patents, protected; and, secondly, that the applicant was
special pleader, and equity draftsman. Another, although adopting the principle in all the person entitled to the privilege. The first (2.) “Instrument means and includes every its rigour, excepts from its operation precisely matter to be decided was as to what was patentwritten document.
that branch of industry on which the prosperity able matter. It was with a view to avoid com. (3.) “ Write," " written,” and “writing,” in. of the country depended chiefly, and was just now plexity that he proposed, many years ago, in pub.
cludes every mode' in which words or witnessing with dismay the threatened destruction lishing a work on the law and practice of patents,
figures can be expressed upon material. of another branch, owing to a decision of its to substitute a single definition at once, as he (4.) “Person" includes company, corporation, courts of law, with reference to one patent. For hoped, comprehensive and concise, viz., “the and society.
Germany the 10th Dec. 1868 was, in respect of material result of an unpublished improvement 3. Any person who, not being a qualified prac. patent rights, a memorable day, for on that day in the manufacture of articles for public use." titioner, either directly or indirectly, for or in Count Bismark issued a proclamation declaring In conclusion, he went on to say, whatever doubt expectation of any fee, gain, or reward, writes, that the Government of Prussia, having taken might exist as to the justice
El patent law, draws, or prepares any instrument relating
to into consideration the whole question of patent viewed as an abstract question, he felt certain real or personal estate, or to any proceedings in rights, was of opinion that such rights should that there was a tolerable unanimity of opinion as law or equity, or any instrument in the nature of
cease. In competition with Germany, therefore to the needless costliness of litigation about a contract under hand or seal, or who shall receive -and it was Germany whose progress in foreign patent rights. To some extent, no doubt, the any fee, gain, or reward for writing, drawing, or
markets the English commercial world had for expense was unavoidable, from the nature of the preparing any such instrument, shall forfeit the jealous anxiety-the English manufacturer must, the patentee's rights were defined by responsible
some time been watching with something like subject. It might be diminished in proportion as sum of £50 to any person suing for the same, by unless effect could be given to the recommen. authority; but, in ady event, it must remain exCourts of Common Law at Westminster, in which dation of the recent committees of the House tremely costly. At present it was not only costly it shall be sufficient
to declare that the defendant of Commons; be prepared to find themselves but uncertain. The present system as reformed is indebted to the plaintiff in the sum of £50, weighted with whatever royalties English pa. would, he thought, be a step in the right direcbeing forfeited by an Act intituled “The Legal Practentees could manage to impose upon their tion which the American law had long assumedtitioners’ Act 1874,” and the plaintiff, if he recover goods. If the principle upon which the law viz., the assumption by the State of the in such action shall have his full costs of suit.
was founded be just, they ought, no doubt, to duty of inquiry before granting the patent. And in any such action it shall not be necessary
continue in their present course, but if, as many The feeling was general in the United States for the plaintiff to show that the defendant has persons believed, it was founded in error, they that they had gone too far in that direc. received any fee, gain, or reward, specifically for their commerce from the influence of that error. patents freely, leaving their value to be deter
had an admirable opportunity for emancipating tion, and that it would be desirable to issue the writing, drawing, or preparation of any instru. ment, and he shall only be required to show that So far as the public was concerned, he could see mined by the crucial test of litigation. With rethe defendant has received a fee, gain, or reward, no necessity for a patent law at all. His own gard to the suggestion as to a registry of invenfor the business or transaction in respect of, cr in belief was that they should, without any such law, tion, he saw no objection to it himself, and the regard to which he has, directly or indirectly, have precisely, the same inventions, and in the report of it would, he thought, be looked for by written, drawn, or prepared such instrument :
same order as they had now; and further, that the ths public with the deepest interest. If he had Provided always, that the foregoing section does system of granting a fourteen years' monopoly to to sum up his own opinion on the patent laws, he not extend to
the person who made an improvement in the would say that no law was ever passed the theory (1.) Any public officer, drawing or preparing any hindered rather than helped the general progress having for its object the furtherance of commerce
working of any particular handicraft was one that of which was more equitable, and that no law, instrument in the course of his duty.
of industrial art. Since the establishment of (2) Any person employed merely to engross any patents, their grandest inventions, railways, appointment. He hoped to live to see their aboli.
was ever issued ending in such a complete dis. (3.) Any banker or broker preparing any in. electric telegraphs, and photography, among tion, for their abolition would, he believed, be the
them-had come into general use without inono. strument relating to stocks or shares.
first step to the recognition of the national duty 4. That no bill of sale, assignment, transfer, or
poly. It was an old saying, that "it is society of marshalling their scientific powers in getting other document mentioned and comprised in the that there were few grand discoveries made in tures, and employing them in the most economical
that invents.” He would interpret it as meaning hold of the men who really advanced manufacBills of Sale Act (17 & 18 Vict. c. 36), and thereby science or art, but had foreshado'ved themselves in
A discussion followed, and the proceed. required to be registered, made or given by any the speculations of intelligent men; and, similarly, ings terminated in the usual manner. person, shall be of any force, power, or effect, that few grand improvements had been effected unless there shall be present a certificated attorney in the manufacturing world, either in chemistry or solicitor on behalf of such person executing, or mechanism, in which the great body of think- METROPOLITAN AND PROVINCIAL LAW making, or giving such bill of sale, expressly | ing men connected with those arts were not
ASSOCIATION. named by him and attending by his request to pressing forward eagerly in the direction of the Ar the twenty-seventh annual general meeting inform him of the nature and effect of such bill of discovered improvements. It
with sale before the same is executed, and such attor strong impression of the difficulty they found the Incorporated Law Society's hall, there were
a specially held on Wednesday, the 11th inst., at ney or solicitor shall subscribe his name as a in saying who was the inventor of any of the present : Messrs. Charles Pidcock (Worcester), witness to the due execution thereof, and thereby changes made in the ordinary course of manu. declare himself to be the attorney or solicitor for facture, that they should best proceed to the J. M. Clabon, W. Crossman, H. J. Francis, N.
in the chair, T. Beasley:(St. Helen's), T. P. Cobb, the person giving the same, and state that he other side of the question, viz., the right of Gedye, H. W. Hooper (Exeter), J. H. Kays, F.R. subscribes as such attorney or solicitor, and that the inventor to have a patent that was to ex. the person so executing the same did fully under- clude everybody for fourteen years from making Partington (Manchester), W. Shaen, Sidney
Parker, J. H. B. Pinchard (Taunton), W. H. stand the nature and effect thereof.
of the invention, or anything which Smith, c. F. Tagart, J. S. Torr, and Stephen 5. Nothing in this Act contained shall be con. was virtually the
the inveation. Williams. The requisition for the meeting and strued to anthorise any qualified practitioner to do If they found it just to award these rights as a the report of the managing committee, previously any act which he is not now authorised by law to do. reward to the first, they must admit that the printed and circulated, were taken as read. Read,
6. This Act shall not extend to Scotland or penalty to which they subjected the second in the the circular convening the meeting, estimate Ireland.
race was certainly, for a manufacturing country, a for annual balance sheet, and list of law books We are requested by the Honorary Secretary of terrible one. The right of the patentee as against and office furniture, &c. Resolved : the Society (Mr. Charles Ford) to add that it is in the public was frequently founded on the expense
1. On the motion of the chairman, seconded by contemplation to frame other Bills dealing with to which he had been put by the experiments he
Mr. Clabon-" That the report be received and the appearance before, and the conduct of busi- had instituted before arriving at his discoveries adopted, and that the association be dissolved ness in, magistrates', and County Courts by un. Discoveries of great principles were almost con. qualified persons, and otherwise to offer to the fined to men of scientific occupations. Such men, next, and that in testimony of the cordial feeling
accordingly as from the first day of Easter Term public and the Profession additional protection in patient and unselfish workers, of whom Faraday of the association towards Mr. Rickman, the cash the direction indicated by the above Bill; also to might be taken as a type, were happily not rare in adjust the relations of the two branches of the England, or, indeed, in any State of Europe, and in in hand at the time of the dissolution of the legal Profession, and to remove certain disabili these they recognized true improvers of their manu- liabilities), and the law books, office
the ascertained ties attaching to solicitors in relation to the re. factures. Regarded as a general scheme for re
and other assets of the association be handed covery of the amount of Bills of Costs, and warding inventive merit, the law which conferred a generally to deal with all necessary reforms. monopoly of the thing invented, and left the
over to him for his own use, subject to the pay
ment by him thereout of any unascertained liabili. patentee to make the best of the grant, was a very LAW AMENDMENT SOCIETY.
imperfect one. The difference of certainty of the ties of the association.”
2. On the motion of the chairman, seconded by Last Monday evening, the 16th inst., Mr. John enormous. Regarded, therefore, from the public Mr. Hooper, of Exeter : Coryton, barrister-at-law, read a paper on the or private point of view, it seemed to him that a
“ That the cordial thanks of the Association be "Policy of Grantiug Letters Patent for Inven patent law was not a just one. In theory a presented to the Committee of Management for tions, with observations on the working of the patent was the grart of a special privilege their labours during the past year, and especially English Law," at a meeting of the Law Amend- conferred by a grateful country on a manufac. for the mode in which they have conducted to a ment Society, held at the rooms, 1, Adam-street, turer who had added to the country's wealth. In satisfactory arrangement the negotiations with Adelphi.
practice “ the grant of letters patent is the grant the council of the Incorporated Law Society." The chair was taken by Mr. T. Webster, Q.C., of a right of action, which may be exercised in the On the motion of the chairman, seconded by and there was a large attendance, much interest most arbitrary manner, and for the most ille- Mr. Kays: being manifested in the subject.
gitimate purposes." The reforms proposed by “ That the best thanks of the association be In the course of Dr. Coryton's remarks, he an Act of Parliament, affecting patent law, passed presented to the Council of the Incorporated Law said the subject of patent law was just now after mature deliberation, and affectiug the whole Society, for the cordial co-operation they have passing through a very interesting phase, inas. commercial world, had been entirely ignored by afforded to the Committee of Management during much as causes would seem to be actively every successive Government for the last two-and the past year, and especially during the recent at work, which must soon lead to an entire twenty years; and the Patent-office, too, still negotiations, and also for their courtesy in lend. revolution, if not abolition, of this species of remained in premises never intended for such a ing one of their rooms for the purpose of this trade privilege. At home they had a constantly purpose. The condition of the building, and the meeting.” increasing tendency on the part of capitalists to neglect to appoint working commissioners, can. The circular issued by the deputy chairman, speculato in patents; and hardly a company is not, at any rate, be set down to deficiency and the other metropolitan mombers of the comlaunched but professes to have secured special of funds, for the Patent-office was a department mittee, on the 26th Feb.,
suggesting the propriety rights in respect of lighting, disinfecting, or per. 'of the State that more than pays its way.' of raising an additional testimonial for Nr. Rick