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man, by a subscription limited to £1 1s. each member, having been read, it was resolved 4. On the motion of the chairman, seconded by

Mr. Shaen:

"That the object of the circular be cordially recommended by this meeting to the support of every member of the association, and that Mr. J. M. Clabon be requested to undertake the office of treasurer."

5. On the motion of Mr. Clabon, seconded by Mr. Hooper of Exeter :

"That the best thanks of this meeting be presented to Mr. Charles Pidcock, of Worcester, for his services during the past year, and for his able conduct in the chair this day.' CHARLES PIDCOCK, Chairman.



THE annual meeting was held on Tuesday, March 3, at the offices, 18, Lincoln's-inn-fields, George Lake Russell, Esq., the chairman of the directors, presiding.

Mr. G. W. Berridge (the actuary and secretary) read the notice convening the meeting, and the report of the directors, which was as follows:

"The directors have again the pleasure of reporting to the proprietors a successful year.

"A large amount of new assurances has been effected with the society, and now, for the first time, the assets of the society exceed one million sterling.

"The gross amount of new premiums received in the year is £17,849 13s. 10d. Of this, £7863 1s. 6d. has been received in single premiums, leaving £9986 12s. 4d., and after deducting from this sum the amount of reassurance premiums, there is left a net new annual income of £9669 7s. 8d.

"The number of policies is 190, and the net amount assured is £334,080. Reversionary annuities have also been granted amounting to £1350 per annum; a large portion of the single premiums has been received for the purchase of these annuities. £14,643 0s. 6d. has also been received for the purchase of eighteen annuities, amounting to £1781 7s. 6d.

"The amount of interest and dividends received in the year is £44,867 1s. 11d.; this is a larger amount than the corresponding item last year by about £7000; but it includes a sum of £3116 19s. 9d. charged as interest on the re-sale of a large reversion.

"The total premium income of the year, after deducting reassurances, is £114,419 15s. 5d., and the total receipts from all sources, exclusive of repayment of loans, is £174,303 17s. 7d. The total amount of claims and all other outgoings, including a sum of £300 written off the cost of the society's house, is £106,738 16s. 9d., and, con. sequently, the assets of the society have been increased by a sum of £67,565 0s. 10d. The amount of the funds at the end of the year, after providing for outstanding claims, dividends, &c., was £1,020,298 10s. 5d. Deducting the reversions, outstanding premiums and interest, and cash on current account, the remainder was invested at an average rate of £4 19s. 9d. per cent., or, including the reversions and assuming that they produce 6 per cent., the average rate becomes £5 33. per


"The number of deaths proved during the year was 36, causing claims under 60 policies assuring £85,774. Of this sum £54,024 were on the participating scale and carried bonuses amounting to £8335.

"The claims for the year were, however, reduced by £18,811 received from other companies. Although the claims for the present year are high, yet, taking the average of the four years which have expired of the current quinquennium, the amount is only £52,135, which is considerably below the expectation.

"The expenses of management, £6425 1s. 9d., amount to only 3 per cent. on the total income. "The directors have to regret the loss by death of one of their members, Mr. E. F. Moore, Q.C., and there is therefore a vacancy to be filled up at this meeting.

"The directors who retire by rotation are Mr. Birch, Mr. Hilliard and Mr. Dunster. Mr. Boodle, one of the auditors for the proprietors, and Mr. Bailey, one of the auditors for the assured, also retire by rotation; all these gentlemen offer themselves for re-election.

"Since the last meeting the society has lost the services of Mr. Sprague, who for more than twelve years most ably discharged the duties of actuary and secretary. While, however, the directors have to regret his loss, it is satisfactory to know that he left the society in consequence solely of his obtaining a much more valuable appointment. In his successor Mr. G. W. Berridge, the directors are satisfied that the society has secured the services of a gentleman in whose experience and ability it may place entire confidence.

"The following minute was made in the books of the society on the occasion of Mr. Sprague's

leaving:- That this board cannot part with Mr. Sprague without expressing their appreciation of the very great ability, care and attention that he has shown in the performance of his duties of actuary and secretary of the society for the twelve years he has been with them. They request, on the part of the society, his acceptance of a piece of plate, of the value of 100 guineas, as a testimony of his services.'

"GEORGE LAKE RUSSELL, Chairman." The report was unanimously adopted.

The retiring directors-Messrs. Birch, Hilliard, and Dunster-were re-elected, and Mr. Henry Cecil Raikes, M.P., was elected a director in the room of Mr. Moore, Q.C., deceased.

Mr. Boodle was re-elected an auditor on the part of the proprietors, and Mr. Bailey on behalf

of the assured.

Mr. W. G. Lemon proposed, "That the thanks of that the sum of £2000, free of income tax, be the meeting be presented to the directors, and voted to them for their services during the past year." He felt that the mode in which the business had been conducted during the past year would ensure the most cordial approval of this resolution. (Hear, hear.)

The resolution was seconded, and at once agreed to, and acknowledged by Mr. J. Moxon Clabon, the deputy chairman.

The thanks of the meeting were voted to the auditors, together with the sum of 40 guineas, for their services during the past year.

On the motion of Mr. Eiloart, a hearty vote of thanks was presented to the chairman, and the meeting dispersed.


Mr. Smith is stated to have resulted from heart disease, hastened by nervous injury received in the railway accident at Wigan while on the journey from London to Scotland last year.


N.B.-Announcements of promotions being in the nature of advertisements, are charged 2s. 6d. each, for which postage stamps should be inclosed.

THE Queen has been pleased to direct Letters Patent to be passed under the Great Seal, granting the dignity of a Knight of the United Kingdom of Great Britain and Ireland unto John Smale, Esq., Chief Justice of the Colony of Hong Kong.

The Queen has been graciously pleased to make the following appointments:

of the Supreme Court of the Colony of Hong FRANCIS SNOWDEN, Esq., to be Puisne Judge Kong.

Judge of the Supreme Court of the Straits SettleGEORGE PHILLIPO, Esq., to be Senior Puisne


Puisne Judge of the Supreme Court of the Straits THEODORE THOMAS FORD, Esq., to be Junior Settlements.

GRORGE HURLEY BARNE, Esq., to be AttorneyGeneral for the Ireland of Jamaica.


Professional Partnerships Dissolbed.

Gazette, March. 10.

BRITTON and TURNER, attorneys and solicitors, Newcastle March 5. (John James Britton and Henry Lucas Turner Debts by Turner

A MEETING of this society was held at Clement'sinn Hall, on Wednesday, the 18th March, Mr. E. F. Stanway, solicitor, in the chair. Mr. Wing. field opened the subject for the evening's debate, CHESTER, URQUHART, BUSHBY, and MAYHEW, attorneys and viz., "That an acceptance of a retainer or papers The motion was carried by a majority of three. by counsel should constitute a simple contract."


solicitors, Staple-inn. (Arthur Mayhew, Wilfred Bushby, and James Henry Holden.) As regards Bushby. Maren 5. Debts by Mayhew and Holden


Gozette, March. 13.

To surrender at the Bankrupts' Court, Basinghall-street.
CATCHPOLE, JOSEPH, strawboard denter, Whitheid-st, Finsbury.
Pet. March 11. Reg. Hazlitt. Sur. March 24
Boyson-rd, Camberwell. Pet. March 11. Reg. Spring-Rice. Sur.
March 25
To surrender in the Country.
BEDFORD, JOHN, boot manufacturer, Grantham.
Reg. Patchitt. Sur. March 27

Ara meeting of this society, held on Mouday even.
ing last, at the County Court, the question under
was, Is the unanimity required in
juries conducive to the attainment of justice ?"
Mr. J. H. Sykes, one of the vice-presidents, oc-
cupied the chair. Mr. J. H. Dransfield opened COLE, ROBERT, market gardener, Thorp Arch.
the debate in the affirmative, and was supported
by Mr. E. H. Armitage. Mr. G. F. Johnson con-
ducted the negative. The question was decided
in the affirmative by a majority of one.


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.


Pet. March 10. Pet. March 3.

Reg. Perkins. Sur. March 21
LENNIE, JAMES CAMPBELL, jeweller, Liverpool. Pet. March 10.
Reg. Watson. Sur. March 25
MORRIS, DAVID, outfitter, Liverpool. Pet. March 9. Reg. Hime.
Sur. March 25

NASH, ALBERT, builder, Forest-rd, Dalston. Pet. March 9. Reg.
Brougham. Sur. April 17
NOBLE, MARK, grocer, Bradford. Pet. March 10. Reg. Robinson.
Sur. March 21

OGDEN, EDWIN, and MAUDE, JOHN, common brewers, Halifax.
Pet. March 10. Reg. Rankin. Sur. March 30

Gazette, March 17.

To surrender at the Bankrupts' Court, Basinghall-street. DOUGLAS, JOHN, upholsterer, Tottenham-ct-rd. Pet. March 13. Reg. Marray. Sur. March 31

To surrender in the Country. COLYER, EDWARD, gentleman, Sevenoaks. Pet. March 10. Reg. Cripps. Sur. April 1

EVANS, JOHN OWEN, out of business, Englefield. Pet. March 14. Reg. Collins. Sur. April 2

GRIFFITHS, MARY, farmer, Stepin. Pet. March 14. Reg. Lloyd. Sur. March 27

SMITH, SAMUEL, jun., gentleman, Upton Snodsbury. Pet. March 14. Reg. Cripps. Sur. April 2

WADSLEY, GEORGE, farmer, Sutterton Dowdyke.
Reg. Staniland. Sur. March 31

Gazette, March 10.

Gazette, March 13.

Pet. March 13.

THE late Augustus Langdon, Esq., LL.B., bar-
rister-at-law, who died at 38, Norland-square,
Notting-hill, on the 4th inst., in the sixty-first
year of his age, was the second son of the late
William Langdon, Esq., of Cadogan-place, Chelsea, BROWN, HERCULES, miller, Smethwick. May 30, 1864
and was born in the year 1813. He was educated
at Trinity College, Cambridge, where he took his
degree as Bachelor of Laws in 1836. He was called
to the Bar by the Honourable Society of Lincoln's
Inn in Hilary Term 1835. Mr. Langdon was an
ardent numismatist, and was a fellow of several
of the learned societies, though his infirmity of
deafness prevented his taking part in their pro-
ceedings; and there are few charities in London
that will not miss in him a kind and constant
friend. He married in 1836, Miss Sarah Watts,
daughter of the late Edward Watts, Esq., of
Yeovil, Somersetshire, by whom he has left a
family of eight children. His remains were in-
terred at Brompton Cemetery.

HOWARD, WILLIAM, no occupation, Leyton. Aug. 28, 1873
TROTT, JOHN, contractor, Gibson-sq, Islington, and Metropolitan
Meat-market. May 5, 1871
WATKINSON, THOMAS, draper, Bradford. April 15, 1871

Liquidations by Arrangement.


Gazette, March 13.

Pet. March 10. March 8, at twelve, at the George hotel, stour.
bridge. Sol. Davies, Sherborne

BOWDEN, JOHN, corn merchant, Newton Abbott, Totnes, and
Plymouth. Pet. March 2. March 24 (not 14th as printed in
Gazette of 6th inst.), at half-past three, at the Half Moon hotel.
Exeter. Sols. Messrs. Learoyd, South-st, Finsbury
BOYES, JOHN, boot dealer, Scarborough. Pet. March 9. March
24, at three, at office of Sol. Watts, Scarborough
BROWN, JOHN, cloth finisher, Dewsbury. Pet. March 10. March
26, at eleven, at the Royal hotel, Dewsbury. Sol. Walker,
BUNKELL, HENRY CHRISTOPHER, auctioneer, King-st, Cheapside
Pet. March 3. March 23, at four, at office of Chaflis, 12, Clements-
la. Sol. Watson, Basinghall-st

THE late Mr. John Campbell Smith, secretary of
the City of London Conservative Association,
whose death, at the residence of his father, in
Roxburgh-street, Greenock, North Britain, has
just been announced, at the age of thirty-two CELLA, LUIGI, photographic artist, Boston.
years, was a student of Lincoln's Inn, and was a
gentleman well known in literary circles. He was
born in the year 1842, and besides holding the
above-mentioned appointment, he had acted as cen-
tral agent during the recent parliamentary election.
Mr. Smith, who was maternally descended from a
good old family of Scottish extraction, was an
occasional contributor to the Fortnightly Review
and other magazines, and was to have been called
to the Bar by the Honourable Society of Lincoln's
Inn in the course of next month. The death of

CAIN, CHARLES, baker, Luton. Pet. March 5. March 24, at half.
past two, at office of Sol. Jeffery, Luton
CARR, GEORGE, commission agent, Bread-st. Pet. March 10.
March 26, at two, at office of Lovering and Co. 35, Gresham-st.
Sol. Plunkett, Gutter-la
Pet. March 9.
Warch 27, at eleven, at the Peacock hotel, Boston. Sol. York,


CHAPMAN, THOMAS, upholsterer, Sunderland. Pet. March 9. March 25, at eleven, at the Queen's hotel, Leeds. Sol. Alcock, jun., Sunderland CLEWLOW, THOMAS, bootmaker, Ann's-pl, Upper Sydenham. Pet. March 7. March 25, at three, at the Chamber of Commerce 145, Cheapside. Sol. McDiarmid, Old Jewry-chinbs COOPER, ELIZA FRANCIS HENRIETTA, widow, Pinhoe. March 10. March 28, at twelve, at office of Sol. Floud, Exeter CRISFIELD, WILLIAM HENRY, cattle salesman, Winch ster. Pet. March 11. April 2, at two, at office of Edmonds and Divis, accountants, 29, High-st, Southampton. Sol. Lomer DAKIN, JOHN, builder, Lichfield. Pet. March 9. March 24, at eleven, at office of Dign in, Lewis, and Lewi, soliciters, Walsall. Sol. Dale, Walsall

DRAKE, JOE, card maker, Halifax. Pet. March 10. March 30, at eleven, at office of Sols. Holroyde and Smith, Cheapside, Halifax DRUMMOND, WILLIAM, bookseller, Wrexham. Pet. March 10, March 27, at twelve, at office of Sol. Jones, Wrexham ELLIS, CATHERINE HARTLEY, milliner, Dewsbury. Pet. March 11. March 31, at a quarter-past ten, at office of Sols. Messrs. Scholes, Dewsbury

FAEHNLEIN, EMILE, Warehouseman, Noble-st. Pet. March 11. March 26, at three, at office of Sol. Davies, Furnival's-inn GEROTHWOHL, BENEDICT SISGISMUND, wine merchant, Manchester. Pet. March 10. April 8, at two, at the Guildhall coffee-house, Gresham-st. Sol. Miller, King-st, Cheapside GIRES, GEORGE, tobacconist, Shrewsbury. Pet. March 10. March 26, at eleven, at office of Sol. Morris, Shrewsbury GOFF, ROBERT, grocer, Windsor. Pet. March 10. March 25, at three, at office of Durant, Guildhall-chmbs. Sol. Durant HANCOCK, ROBERT ANDREW, beer retailer, Winscombe. March 25, at three, at office of Sol. Webster, Axbridge HARHALD, WILLIAM, grocer, Norwich. Pet. March 5. March 24, at twelve, office of the registrar of the County Court, Norwich HARRISON, THOMAS, lamp dealer, Birmingham. Pet. Feb. 27. March 25, at a quarter-past ten, at office of Sol. East, Birmingham

HILL, PETER, draper, Newport, Isle of Wight. Pet. March 5. March 25, at eleven, at 58, Bartholomew-close, London. Sol. Joyce


HOLLINGS, ELIZABETH, grocer, Idle. Pet. March 10. March 26, at three, at office of Sol. Atkinson, Bradford HUNTER, SAMUEL HENRY, hair dresser, Birmingham. March 12. March 24, at eleven, at office of Sol. Pointon, Birmingham

HURST, JOHN, grocer, Bolton-le-Moors. Pet. March 11. April 2, at three, at the Clarence hotel, Manchester. Sols. Sutton and Elliott, Manchester

HUSTLER, NATHAN, millwright, Stunningley. Pet. March 7.
March 25, at three, at offices of Sols. Fawcett and Malcolm,
JENKINS, THOMAS, and JENKINS, WILLIAM, cheese merchants,
Backe. Pet. March 10. March 30, at one, at the Ivy Bush
hotel, Carmarthen. Sol. Bishop, Llandilo

JOHNSON, ROBERT, out of business, Burr-st, London-docks. Pet.
March 12. April 9, at three, at offices of Sol. Barnard, White
Lion-st, Norton Folgate

LEONARD, HENRY, fronmonger, Bristol. Pet. March 6. March 31, at twelve, ut Lomus, Harrison, and Starkey, accountants, 37, Cannon-et, Birmingham. Sol., Thick, Bristol

LLOYD, HENRY JOHN, glass manufacturer, Birmingham. Pet. March 10. March 25, at three, at the Queen's hotel, Birmingham Sol. Fitter, Birmingham

LOCKYER, ELIZABETH SARAH, spinster, bookseller, Tenby. Pet. March 4. March 23, at one, at offices of Sol. Lascelles, Narberth

MARTIN, FREEMAN, painter, Newport. Pet. March 10. March 30, at twelve, at office of Sols. Messrs. Lloyd, Newport MEES, THOMAS, miller, Mells. Pet. March 10. March 30, at one, at offices of Sol. Ames, Frome

MERCER, GEORGE, builder, Tunbridge Wells. Pet. March 5. March 27, at eleven, at offices of Sol. Burton, Tunbridge Wells MUSSABINI, PIERRE, cotton broker, Liverpool, and Stockport. Pet. March 9. March 31, at two, ut office of Sols. Radcliffe and Layton, Liverpool

NELSON, ANDREW, journeyman whitesmith, Rochdale.

Pet. March 10. March 27, at thre, at 10, Nicholas-st, Burnley. Sol. Hartley, Burnley

NICKELS, WILLIAM, pork butcher, Great College-st, Camden-town,
and Gooseberry-gdns, Gutter Hedge-la, Hendon. Pet. March 9.
March 28, at ten, at the Wrotham Arms, 32, Wrotham-rd, Cam-
den-new-town. Sol. Hicks, Annis-rd, South Hackney
OSBORN, HENRY EDMUND, victualler. Daventry. Pet. March 9.
March 26, at three, at office of Sol. Potts, Daventry
PARKER, JOHN WILSON, tobacconist, Leamington Priors. Pet.
March 9. March 25, at two, at the Bath hotel, Leamington
Priors. Sol. Sanderson, Warwick

PARKS, SAMUEL, clothier, Hoxton-st, Hoxton. Pet. March 9.
March 27, at eleven, at 21, Pimlico-walk, Hoxton. Sol. Goatly,
PARRY, DAVID, builder, Neath. Pet. March 7. April 1, at
twelve, at office of Sol. Leyson, Neath

PEARSE, WILLIAM, greengrocer, Manchester. Pet. March 9.
March 26, at three, at offlec of Sol. Ritson, Manchester
PEARSON, WILLIAM, saddler, Penkridge. Pet. March 13. March
26, at eleven, at offices of Sol. Bowen, Stafford

PERRIN, HANNAH, and PERRIN, SAMUEL, grocers, Bredbury, and
Marple. Pet. March 19. April 2, at three, at the Clarence
hotel, Manchester. Sol. Duckworth, Manchester
master mariner, Mornington-rd, Regent's-park. Pet. March 7.
March 23, at two, at the Mason's tavern, Mason's-avenue, Busing-
hall-st. Sol. Watson, Basinghall-st
POTTER, WILLIAM, frulterer, Liverpool-st. Pet. March 11.
March 31, at eleven, at office of Sol. Preston, Mark-la
POWELL, CHARLES, cheesemonger, Duke-st, Lincoln's Inn-fields.
Pet. March 7. April 2, at two, at offices of Sol. Parry, Guild-
hall-chmbs, Basingill-st

PRICE, WILLIAM HENRY, messman, East Stonehouse.

Pet. March 9. March 25, at twelve, at office of Sol. Square, Plymouth

PRITCHARD, EDWIN, coal dealer, Hampstead-rd, St. Pancras.
Pet. March 5. March 23, at three, at office of Sols. Button
and Co., Henrietta-st, Covent-gdn
RICHARDS, EVAN, draper, Liverpool. Pet. March 11. March 27,
at three, at offices of Sols. Lawrence and Dixon, Liverpool
ROBERTSON, SAMUEL BOXHILL, solicitor, New-inn, Strand. Pet.
March 5. March 21, at one, at 23, Gutter-la. Sol. Hanrott,
Falcon-ct, Fleet-st

ROPER, JOHN HENRY, and COOKE, JESSE, machine wool
combers, Keighley. Pet. March 9. March 31, at half-past two,
at offices of Sols, Wright and Waterworth, Keighley
SIMPKINS, THOMAS, ironmonger, Tunbridge Wells. Pet. March
9. March 26, at two, at offices of Sols. Messrs. Tippetts and
Tickle, 5, Great St. Thomas Apostle

SLEE, THOMAS SIMPSON, tilor, Bradford.

Pet. March 11.
March 26, at cleven, at office of Sols. Terry and Robinson, Brad-
SMITH, JOSEPII, wool dealer, Sowerby-bridge, par. Halifax. Pet.
March 7. March 25, at eleven, at office of Sol. Rhodes, Halifax
SUTTON, GEORGE FREDERICK, traveller, Harrow-rd. Pet.
March 2. March 25, at three, at office of Sol. Peddell, Guildhali-
chmbs, Basinghall-st

SYKES, RICHARD, boot dealer, Cambridge-rd, Edgware-rd, Kil-
burn. Pet. March 12. March 27, at twelve, at offices of Sol.
Barron, Queen-st, Cannon-st
TATTERSALL, RICHARD, carter, Halliwell. Pet. March 10.
April 1, at ten, at office of Sol. Richardson, Bolton
THOMAS, DAVID, and NASH, TOM SKELTON, common, Neath.
Pet. March 10. March 26, at half-past twelve, at office of Sol.
Curtis, Neath

THOMAS, GEORGE, woollen warehouseman, Lawrence-la. Pet.
March 10, March 25, at twelve, at office of Sol. Plunkett,
THOMAS, JAMES, grocer, Chalford. Pet. March 10. March 23, at
eleven (and not March 16 as previously advertised), at the Swan
inn, Stroud. Sol. Smith, Stroud

THOMAS, WILLIAM, nurseryman, Wolverhampton and Tettenhall. Pet. March 10. March 31, at twelve, at office of Sol. Gatis, Wolverhampton

TIMMS, HENRY, taflor, Fulham-rd, and Ealing Dean. Pet. March 9. March 25, at two, at office of Sol. Lewin, Southampton-st, Strand

TUMBLETY, DAVID, carpenter, the Terrace, Earl's-ct-rd, Kensington. Pet. March 5. March 23, at three, at 6, Beaufort

bidgs, Strand. Sol. Lind WALTON, JAMES, grocer, West Gorton, near Manchester. Pet. March 10. March 27, at two, at offices of Sols. Addleshaw and Warburton, Manchester

WHEELER, JAMES CHRISTIAN, grocer, High-st, Fulham.

Pet. March 4. March 23, at one, at Izard and Betts, accountants, 46, Eastcheap. Sols. Reed and Lovell, Guildhall-chmbs, Basing

hall-st WHITELOCK, JOHN, straw hat manufacturer, Luton. Pet. March 7. March 25, at half-past three, at the Queen's hotel, Luton. Sol. Annesley, St. Alban's WILKINSON, JOHN, farmer, Lincoln. Pet. March 7, March 27, at three, at the Angel inn, Wrangle. Sol. Bell, Louth WILLIAMS, DAVID, agricultural labourer, Carmine-fach, near Narberth. Pet. March 9. March 27, at a quarter-past ten, at the Guildhall, Carmarthen. Sol. Parry, Pembroke-dock WILLIAMS, PETER MOSTYN, coal merchant, Liverpool. March 10. March 31, at three, at offices of Sols. Barrell and Redway, Liverpool WYATT, RICHARD, tailor, Stratford-on-Avon. Pet. March 5. March 25, at twelve, at the Falcon tavern, Stratford-on-Avon. Sol. Lane



Gazette, March 17.

ALLEN, JOHN, bootmaker, Burton-upon-Trent. Pet. March 10. March 27, at half-pust eleven, at office of Harrison,_accountant, Burton-upon-Trent. Sols. Messrs. Drewry, Burton-uponALLEN, WILLIAM, farmer, Great Stambridge. Pet. March 11. March 31, at two, at the King's Head inn, Rochford. Sol. Gregson, jun.

ANDERSON, WILLIAM, grocer, East Moulsey. Pet. March 13. March 30, at two, at office of Sol. Bradley, Mark-la, London ATHERTON, EDWARD, lithographer, Manchester. Pet. March 12. March 31, at three, at office of Sols. Sale, Shipman, Seddon, and Sale, Manchester

AUSTIN, JAMES WITHFRS, FTоcer, Bristol. Pet. March 11 March 25, at eleven, at office of Sol. Williams, Bristol BACK, JOHN, baker, Ashford. Pet. March 12. March 31, at two, at offices of Sols. Hallett, Creery, and Furley, Ashford BARKER, HENRY RANDALL, foreman to a fariner, Bendish. Pet. March 13. March 30, at three, at office of Sol. Bailey, Luton BARTON, FRANCIS, cab proprietor, Boston. Pet. March 14. March 28, at eleven, at offices of Sol. Dyer, Boston BARROW, WILLIAM, joiner, Sunderland. Pet. March 11. April 2, at cleven, at office of Sol. Pinkney, Sunderland BIDDLE, GEORGE, draper, Birmingham, and Hednesford. Pet. March 12. March 31, at twelve, at the Great Western hotel, Birmingham. Sols. Webb and Spencer, Birmingham BIGNALL, SAMUEL oflman, Hackney-rd. Pet. March 12. March 31, at three, at office of Sol. Brunskill, Great James-st, Bedford-row Pet. March 11. March 31, at twelve, at office of Sol. Seago, Lowestoft BONA, EVAN, bootmaker, Mountain Ash, par. Llanwonno. March 11. March 20, at two, at office of Sol. Beddoe, Aberdare BOWDEN, WILLIAM HENRY, carriage manufacturer, Lamb's Conduit-st, Holborn. Pet. March 12. March 31, at twelve, at the Guildhall Coffee-house, Gresham-st. Sol. Rixworthy, LimeBROOSHOOFT, WILLIAM EDWARD, clerk in the Duchy of Corn. wall office, Upper Sunbury. Pet. March 11. March 30, at three at Hudgett's offices, 37, Gresham-st, London. Sol. Gray, Gresham-st, London

BLOWERS, WILLIAM, plumber, Carlton Colville.



BROWN, JOHN, grocer, Bedlington. Pet. March 13. March 30, at two, at office of Sols. Messrs. Joel, Newcastle-upon-Tyne BULLIVANT, THOMAS, builder, Great Suffolk-st, Southwark, and Ledbury-rd, Bayswater. Pet. March 12. March 27, at three, at the Bridge House hotel, Borough High-st, Southwark. Sols. Harris and Finch, Bridge-chmbs, Borough High-street, Southwark BURRILL, JOHN, tea merchant, Manchester. Pet. March 13. April 1, at three, at office of Sols. Addleshaw and Warburton, Manchester BURTON, MARY, schoolmistress, Maidstone. Pet March 12. March 30, at three, at office of Sol. Menpes, Maidstone CAMPBELL, EDWARD, eating-house keeper, Ravensthorpe. Pet. March 12. March 27, at three, at offices of Sol. Ibberson, Dewsbury CASPARI, LEOPOLD, importers of fancy goods, Canonbury-rd, Islington, and Chapel-st, Finsbury. Pet. March 13. March 30,

at three, at offices of Sol. Helmes, Eastchenp CHAPMAN, JOHN, grocer, Southwold. Pet. March 12. at three, at Pearce's Rooms, Princes-st, Ipswich. Ipswich

March 30, Sol. Hill,

[blocks in formation]

11. March 30, at eleven, at office of Sols. Messrs. Wooldridge, Winchester CRANE, DAVID, tallor, Birmingham. Pet. March 13. March 30, at three, at office of Sols. Wright and Marshall, Birmingham DAVENPORT, JOHN, jun., and BECK, AUGUSTINE, jun., carthenware manufacturers, Hanley, Pet. March 12. March 30, at eleven, at the County Court Office, Hanley. Sol. Tompkinson Burslem

DAVIS, JOSEPH, butcher, Blagdon. Pet. March 12. March 31, at
three, at office of Sol. Webster, Axbridge
DONAGHY, HUGH, innkeeper, Whitehaven. Pet. March 14.
April 7, at twelve, at office of Sol. Atter, Whitehaven
ELLIOTT, FREDERICK JAMES, printer, St. George's-circus,
Blackfriars-rd. Pet. March 13. April 2, at two, at office of Sol.
Layton, Suffolk-la, Cannon-st

FAULKNER, JOHN, brewer, Boston. Pet. March 12. March 28, at
twelve, at office of Sol. Thomas, Boston
FOULKES, EDWARD, draper, Carnarvon. Pet. March 12. March
30, at two, at the Clarence hotel, Manchester. Sol. Allanson,

GIBSON, GEORGE, builder, Southall.

Pet. March 12. March 30,

at twelve, at the Guildhall Coffee-house, Gresham-st. Sols. Treherne and Wolferstan, Ironmonger-1, Cheapside GOOCH, ROBERT, licensed victualler, High-st, Borough. Pet. March 11. March 27, at eleven, at the King's Head, High-st, Borough. Sol. Love, King William-st, London-bridge' GREGG, CHARLES, dealer in horses, Birmingham. Pet. March 9. March 25, at twelve, at office of Sol. Fallows, Birmingham GRIFFITHS, MARY, butter merchant, Stepin, Pet. March 3. March 27, at ten, at the Guildhall, Carmarthen. Sol. Howell, Llanelly

HALLEN, THOMAS HUGHES, farmer, Gwernesney. Pet. March 12. April 7, at eleven, at offices of Sols. Williams and Co., Newport HAMMOND, FREDERICK, wine merchant, Brentford End, Isleworth. Pet. March 11. April 1, at three, at the Incorporated Law Society, Chancery-lane. Sols. Messrs. Woodbridge, Clifford's-inn

HAMILTON, JAMES, draper, Newcastle-upon-Tyne. Pet. March 14. April 1, at eleven, at office of Sols. Ingledew and Daggett, Newcastle-upon-Tyne

HILL, SAMUEL, cabinet manufacturer, Bethnal Green-rd. Pet. March 7. March 24, at twelve, at office of Sol. Vickers, Southampton-bidas, Holborn

HIPKINS, DAVID, and HIPKINS, DAVID ALEXANDER, iron masters, Westbromwich. Pet. March 14. April 2, at two, at the King's Head inn, Birmingham. Sol Warmington, Dudley FINCHCLIFFE, GEORGE, machine maker, Halifax. Pet. March 13. March 30, at twelve, at offices of Sol, Rhodes, Halifax HORLICK, ALFRED, farmer, Merton. Pet. March 6. March 27, at three, at office of Sol. Marshall, Lincoln's-inn-fields, London

OWENS, BENJAMIN, and OWENS, OWEN, builders, Chester. Pet. March 13. March 30, at twelve, at the Queen Railway hotel, Chester. Sol. Churton, Chester

PALMER, ISAAC, upholsterer, Stockwell-st, Greenwich. Pet. March 12. March 31, at three, at office of Baggs and Co., 28, King-st, Cheapside. Sol. Bristow PAYNE, LEVI, cab proprietor, Bristol. Pet. March 12. March 95, at twelve, at offices of Sols. Benson and Thomas, Bristol PEPPER, WILLIAM, builder, Ipswich. Pet. March 13. March 31, at eleven, at office of Sol. Jennings, Ipswich PETTIT, JOSEPH, corn dealer, Bury St. Edmunds. Pet. March 13. April 6, at two, at the Guildhall, Bury St. Edmunds. Sols. Messrs. Salmon, Bury St. Edmunds PORTER, JAMES, pilot, Great Grimsby. Pet. March 13. April 2, at twelve, at Chapman's hotel, Great Grimsby. Sol. Mason, Great Grimsby PURKISS, CHARLES WILLIAM, builder, Camden-st, Camdentown. Pet. March 13. April 9, at three, at offices of Sol. Holmes, Eastcheap

RAMSDEN, CHARLES, machine tool maker, Leeds. Pet. March 11. April 1, at eleven, at offices of Sols. Booth, Clough, and Booth, Leeds

RANDS, ELIJAH LESTER, ironmonger, Queen's-ter, Surbiton-rd, Kingston. Pet. March 12. March 28, at eleven, at offices of Sols. Messrs. Robinson, Basinghall-st

RENNECK, JOHN SEBASTIAN CHRISTIE, underwriter, Cornhill, and Lloyds. Pet. March 12. March 31, at eleven, at the Guildhall Coffee house. Gresham-st. Sols. Ingle, Cooper, and Holmes, City Bank-chmbs, Threadneedle-st

REYNOLDS, JOHN, grocer, Redruth. Pet. March 12. March 30, at half-past two, at office of Downing, solicitor, Redruth. Sol. Dendy, Redruth

RICHARDSON, SAMUEL, Schoolmaster, Birmingham. Pet. March 14. March 31, at three, at office of Sol. Ansell, Birmingham ROGERS, NOAH, quarrymaster, Trowbridge, Pet. March 10, March 26, at twelve, at the Court Hall, Trowbridge. Sol. Spackman, Trowbridge

RYDER, JOSEPH, butcher, Newcastle-under-Lyme. Pet. March 10. March 28, at eleven, at the Copeland Arms inn, Stoke-uponTrent. Sol. Cooper, Congleton

SHELDON, ALFRED, beer retailer, Birmingham. Pet. March 12. March 28, at eleven, at office of Sol. Hodgson, Birmingham SOFFE, RICHARD FOSTER, coal merchant, South Stoneham. Pet. March 12. March 27, at one, at the Crown hotel, Southampton. Sols. Lee and Best, Winchester

STEEDS, FREDERICK HERBERT, factor, Birmingham. Pet. March 12. March 27, at eleven, at office of Sol. Davies, Birmingham

TAYLOR, GEORGE, baker, Great Yarmouth. Pet. March 14. March 31, at twelve, ut office of Sol. Rayson, Great Yarmouth THORNTON, JOSEPH, grocer, Idle. Pet. March 11. March 2, at eleven, at office of Sols, Wood and Killick, Bradford TUCKER, DOUGLAS ALEXANDER, grocer, Lee-st, Haggerstone. Pet. March 11. March 26, at ten, at Lewis's offices, 123, Chancery-la. Sol. Long, Blackfriars-rd

TYER, ALFRED, grocer, Dartford. Pet March 11. April 2, at two, at the Chamber of Commerce, 145, Cheapside, London. Sol. Stopher, Coleman-st, London

WADE, ROBERT, grocer, Huddersfield. Pet. March 14. April 1, at eleven, at offices of Sols. Mesars, Sykes, Huddersfield WAIGHT, JANE, lodging-house keeper. Bristol, Pet. March 13. March 31, at twelve, at office of Hancock, Triggs, and Co., Bristol. Sol. King

WALDEN, JOSEPH JOHNSON, hosier, Southampton. Pet. March 12. March 31, at three, at offices of Sol. Killby, Southampton WARD, HENRY LEA, chemist, Middlewich. Pet. March 10. March 31, at eleven, at office of Sols. Cooke, Middlewich WARD, SAMUEL, butcher, Birmingham. Pet. March 11. March 27, at twelve, at office of Sol. Fallows, Biriningham WEST, WILLIAM, draper, Ramsgate. Pet, March 12. at three, at office of Sol. Sturt, Ironmonger-la, London WILCOCKS, ISAAC, victualler, Weston-super-Mare. 13. March 28, at twelve, at offices of Hancock, Triggs, and Co., Bristol. Sol. Clifton, Bristol

March 30,

Pet. March

WILSON, JOHN ATKINSON, gentleman, Alnwick. Pet. March 14. April 1, at two, at the White Swan hotel, Alnwick. Sols. Shum, Crossman and Crossman

WOOD, JOHN, provision merchant, Birmingham. Pet. March 14. March 31, at three, at the Great Western hotel, Birmingham. Sol. Walford

WOMACK, ELIJAH, cabinet maker, Masbrough. Pet. March 14. March 31, at eleven, at office of Sol. Willis, Rotherham



The Official Assignees, &c., are given, to whom apply for the Dividends.

Cousens, T. B. underwriter, second 91d. (and 3s. 6d. to new proofs, Paget, Basinghall-st.-Finlay, A. H. merchant's clerk, third 3s. 101d. (and 14s. lid. to new proofs) Paget, Businghall-st. -Nunn, R. R. auctioneer, second is. 3d. and 39. 3d, to new proofs) Paget, Basinghall-st.-Page, R. coal owner, fourth d. Paget, Basinghall-st

Barrett, G. Joiner, second and final siα. At Trust. B. Pickering. 8, Parliament-st, Hull.-Briggs, C. draper, first and final 20s. At office of J. Crowther and Co. accountants, Bath-chmbs, York-st, Manchester.-Crossley, J. jun., woolstapler, second and final 11d. At Trust. J. P. Birtwhistle, Crown-st, Halifax.-Death, J. wheelwright, first and final 38. 71-5d. At office of Ford and Lloyd, 4, Bloomsbury-sq.-Fletcher, G. butcher, first and final 3s At Trust. W. Smithson, 9, Grainger-st, Newcastle. - Friskney, J. M. grocer, 1s. At office of Hudson and Pybus, accountants, Mechanic's Institute, Stockton. Green, J. jun. grocer, first 68. Md. At Trust. Lovewell Blake, Hall-quay-chmbs, Great Yar mouth. London, E. S. draper, second and final 5d. At Trust. R. Minton, 2, Carey-la, General Post Office.-Pupe, A. gunmaker, 38. At Trust. W. Smithson, 9, Grainger-st, Newcastle.-Salmon, W. F. tie manufacturer, second 25. At Trust. R. Minton, 2, Carey-la, General Post Office. Walker, C. grocer, 2s. 6d. At Trust. J. C. Clegg, Bank-st, Sheffield.-Wood, A. stockjobber, 48. At Trust. G. W. Challis, 12, Clement's-la, King William-st.-Wood, J. type founder, further is. At Trust J. P. Snell, 85 and 86, Cheapside. INSOLVENTS' ESTATES.

HOY, WILLIAM, grocer, High-st, Wood-green. Pet. March 12. Apply at Provisional Assignee's Office, Portugal-st, Lincoln'sMarch 31, at twelve, at the London tavern, Bishopsgate-streetwithin. Sol. Philipe, Gray's-in-sq

INNOCENT, FRANCIS, draper, Birmingham. Pet. March 13. March 28, at eleven, at office of Marries, accountant, Birmingham. Sol. Pointon, Birmingham

JACOBS, JOHN EDWARD, bedding manufacturer, Euston-rd, and Brook-rd, Junction-rd, Upper Holloway. Pet. Feb. 24. March

Pet. March 10.

21, at three, at offices of Thiwaite, accountant, 42, Basinghall-st. Sol. Fulcher, Besinghall-st JAMES, WILLIAM, gas fitting manufacturer, Birmingham. Pet. March 11. March 27, at twelve, at the Hen and Chickens hotel, Birmingham. Sol. Hawkes, Birmingham JONES, JOHN MORGAN, bootmaker, Aberdare. March 25, at one, at office of Beddoe, Aberdare KAY, JAMES, confectioner, Oldham. Pet. March 11. March 27, at three, at office of Sol. Clegg, Oldham KEEL, JOHN, builder, Ramsgate. Pet. March 13. March 30, at three, at 1, York-st, Ramsgate. Sol. Edwards, Ramsgate KEEVIL GEORGE, out of business, South Newton. Pet. March 14. April 2, at three, at office of Sols, Cobb and Smith, Salisbury LANDER, GEORGE WILLIAM, clothier, Drury-la. Pet. March 13. March 30, at two, at offices of Ladbury, Collison, and Viney, 99, Cheapside, Sols. Claphum and Fitch, Bishopsgate, Without LINES, JOHN, fish salesman, Birmingham, Pet. March 12. March 24, at eleven, at offer of Sol. Lowe, Birmingham LOMNITZ, EDWARD JAMES, merchant, Manchester.

Pet. March

14. April 2, at two, at the Clarence hotel, Manchester. Sols. Sale, Shipman, Seddon, and Sale, Manchester LONG, JOHN CHARLES, grocer, Yarmouth. Pet. March 11. March 31, at one, at the Bugle hotel, Yarmouth. Sol. Urry LLOYD, THOMAS EDWIN, chemist, Liverpool. Pet. March 13. March 30, at three, at office of Roose and Price, accountants, Liverpool Sils. Masters and Fletcher, Liverpool MANSFIELD, HENRY, gaiter maker, Farnham. Pet. March 14. April 2, at two, at office of Sol. Eve, Tanfield-ct, London, and Aldershot

MILLS, WILLIAM EDWARD, corn dealer, Cheltenham. Pet. March 14. March 30, at eleven, at office of Sol. Chesshyre, Cheltenham MITCHELL, MATILDA, trading under the name or style of Bond and Company bootmaker, Cardiff. Pet. March 9. March 27, at eleven, at 18, High-street, Cardiff. Sol. Morgan

NORTH, BENJAMIN, dry soap manufacturer, Huddersfield. Pet. March 14. April 2, at eleven, at offices of Sols. Messrs. Barker, Huddersfield

inn, between 11 and 2 on Tuesdays.

Paris, J. gentleman, Carmarthenshire, fourth 1s. 5d.-Mott, C. auditor, Lancaster, sixth 8id. Sturmer, F. clerk, Howland-st. seventh (making 20s.) 18. 4d.-White, T. R. statuary, Landport, third 18. 3d.-Edwards, Rev. J. D. Rhosmedre, 28. 7d.

Orders of Discharge.

Gazette, March 13.

HEWETT, EDWARD JAMES, builder, Rutland-ter, Abbey-rd, St. John's-wood



WARRY. On the 14th inst., at 46, Norfolk-square, Hyde-park, the wife of George Deedes Warry, Esq., barrister-at-law, of a son. MARRIAGES.

BROWNE-LUSH.-On the 14th inst., at St. Paul's Church, Avenue-
road, J. H. Balfour Browne, Esq., barrister-at-law, to Caroline
Emma, fourth daughter of the Hon. Mr. Justice Lush.

BRADLEY-On the 15th inst., at Blackheath, Henry Bradley, Esq., solicitor, aged 58, of Harcourt-buildings, Temple.

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 their excellent invention." 1200 Newspapers recommend them. Sample Box, by post, 1s. 1d.; sold everywhere. Patentees, Macniven and Cameron, 23 to 33, Blair-street, Edin| burgh.-[ADVT.]

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Topics of the Week ......... The Arbitrary Powers of Public Bodies... 375 Searches, Inquiries, and Notices....... When are Judgments Charges on Land LAW LIBRARY





House of Lords




Debtor's summons-Debt covered by
garnishee orders-Act of bankruptcy
-Bankruptcy Act 1869, s. 6, sub-sect 6
and sect. 7


Execution creditor-Payments to sheriff
before levy-Acceptance by creditors
in part payment before the bank-


Bankruptcy - Execution creditor of
trader-Seizure and sale by sheriff--
Payment of proceeds to execution cre-
ditor-Subsequent bankruptcy


Married woman-Debts, contracted before marriage-Bankruptcy............. 106


Practice Bankruptcy - Re-hearing-
Contrary decision by Court of Appeal
since original hearing


House of Commons.












Topics of the Week



Notes of New Decisions


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Appointments under the Joint Stock Winding-up Acts.......

.... 108

Creditors under Estates in Chancery

Creditors under 22 & 23 Vict. c. 35

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Reports of Sales

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Norwich County Court Oswestry Court of Record

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Marine insurance-Principal and agent -Negligence-Broker's allowance...... 113 PHOSPHO GUANO COMPANY v. GUILDPractice--Service out of the jurisdiction Irregularity in order.....


Railway company-Common carriers-
Loss of goods above £10 in value-
Goods not declared under sect. 1 of
Curriers' Act





Next week the LAW TIMES will be published on Thursday morning, therefore Advertisements for insertion must reach the Office by 10 o'clock.

The Law and the Lawyers.

A VERY important question in bankruptcy with reference to what are "debts due in the course of his trade or business" (sub-sect. 5, sect. 15 Bankruptcy Act 1869), is reported by us to-day as having been decided by the LORDS JUSTICES: (Ex parte Kemp; re Fastnedge.) The debts in question were based upon certain marginal notes given by bankers when discounting bills deposited with shipping documents. Such bills are usually discounted to the extent of 70 per cent. and upwards, “marginal notes" being given as to the balance on the bills remaining due to the pledgors. The question was whether the sums held back by the banks were VOL. LVI.-No. 1617.

in the ownership and disposition of the persons entitled to receive them on the bills being honoured at maturity, and so passed to the trustee on the bankruptcy of such persons. Lord Justice JAMES, on the 20th inst., read the written judgment of Lord Justice MELLISH, who came to the conclusion that the word “due,” as used in the Bankruptcy Act, means "payable," but that a debt is due although not immediately payable. It is clear that it would be absurd to hold that a debt which by its nature is payable at a future time is excluded from the list of debts due by or to a debtor. But where, as in the case of these marginal notes for balances, it is dependent on a contingency whether anything will ever be payable by the bankers there is no debt due, and it has therefore been held that such debts are not within sect. 15 sub-sect. 5, and no not pass to the trustee under the bankruptcy of the pledgors.

MR. W. FFOOKS WOODFORDE, who has been appointed to succeed Mr. GEORGE RUSSELL as Judge of the Derbyshire County Courts, was called to the Bar in 1844, and has hitherto practised on the Western Circuit and at Bristol. The two appointments to judicial office by the present Government have fallen upon gentlemen known almost exclusively as barristers localized on the Western Circuit.

A CORRESPONDENT puts forward a very pertinent inquiry as to the rights of trustees in bankruptcy to deal with the property of a bankrupt after his estate has paid 20s. in the pound. Is the trustee entitled to retain possession of the bankrupt's property in order to prosecute him? Our correspondent says "to compel a man to pay the costs of his conviction when he has been convicted is one thing; to put your hand into his pocket merely on the chance of getting him convicted is surely quite a novelty. What right beyond 20s. in the pound can the trustees, creditors, or the court have ?" The answer appears to us to be sufficiently plain. It may very well be that a debtor endeavours by fraud to deprive his creditors of a certain proportion of his estate when in the whole it will pay 20s. in the pound. The fraud is detected, the property recovered, and 208. in the pound paid. Is the trustee not to prosecute? If he is to prosecute, is he to give up possession of the means wherewith to pay his costs? It must be remembered that a prosecution is ordinarily directed on a primâ facie case being made out to the satisfaction of a court of bankruptcy, and that circumstance, and not the possible failure to obtain a verdict, is the circumstance which has to be looked at. If our correspondent's view were to be adopted, it would amount to this, that a debtor is never to be prosecuted save at the expense of his creditors, which could by no means be allowed. An alleged fraudulent debtor is doubtless in a more unfavourable position in this respect than defendants in criminal cases generally, but we see no means of relieving him. The instances in which an estate pays 20s. in the pound are, however, so rare that no large amount of alarm need be excited.


LAST week we protested against the practice of payment of Judges by the day, as illustrated by the case of the Chairman of the Second Court at the Middlesex Sessions. In our opinion, which we believe is that of the entire Profession, such a manner of payment for judicial services is even more objectionable than the amount. But what shall be said of the extraordinary condition which, in the Bill just introduced to Parliament, is attached to the receipt of even this paltry fee? It will scarcely be credited that the Bill expressly limits the Judge's remuneration to such on which he sits and acts for not less than six hours days only in the court." Was anything more insulting to a Judge ever proposed to a Legislature? Not merely does it make him a journeyman, but it treats him as such, or rather subjects him to worse treatment. The journeyman bricklayer is paid for all the hours he works, and he receives double for pay overtime. But the journeyman judge is by this astonishing Bill -strange to say the first coming from a Conservative Home Secretary-not only compelled to work a certain number of hours or to forfeit his fees altogether if his work is curtailed by a quarter of an hour-while if he works for nine hours, as often he does, no addition is to be made to it. Mr. CROSS has been a Chairman of Quarter Sessions, and must well know the impossibility of measuring the work of a Judge like that of a bricklayer. Trials are of uncertain length. They cannot by any contrivance be made to fit exactly six hours. If this ridiculous provision should become law, what will be the consequence? If the Judge adjourns for luncheon he loses his fee. If a trial ends at half-past three o'clock, and there is no case that will not occupy less than three or four hours, as occurs continually, he must forfeit his fee or take a case and sit nine hours and receive only the pay of six. If for the accommodation of witnesses and to save costs to the prosecution it is desired to appoint a case for trial on a special day, the unfortunate Judge will not be paid for that day's work unless the trial lasts for six hours. There is no end to the inconveniences it will occasion and the injustice that will be done. If the object be to prevent needless protraction of business, the right course will be to pay by a salary. But some confidence must always be placed

in the honour of public officers. The Judge who would needlessly lengthen work because he is paid by the day would be unworthy of the office. We are reluctant to believe that the new HOME SECRETARY was aware what he was approving when he placed his name upon the back of this unprecedented Bill. If he did so, it is of evil omen for the conduct of the Home Office under its new régime. Such a measure might have been looked for from Mr. LowE; it is altogether unworthy of Mr. CROSS. We hope, indeed, that it was his inheritance, and not his offspring. If so it be, we are sure that his attention has but to be called to it to secure the summary excision of the objectionable provision, which, though applicable to two Judges only, is not the less an insult to all Judges.

THE Bill which is to deal "with such parts of the Acts (sic) regulating the sale of intoxicating liquors, as have given rise to complaints which appear to deserve the attention of Parliament," must needs be a marvel of legislative skill, if it is not make confusion worse confounded. The complaints of the publicans are well known; they have been summarised, published, and put forward by a deputation whose claims included a uniform hour of closing, the abolition of orders of exemption, the power of entertaining friends after closing hours, the mitigation of the oft-recurring clause as to recording a conviction upon a licence (the sting of the late Act), and the extension of licensing restrictions to grocers. It is impossible to say that these claims, put forward as they are by persons thoroughly conversant with the subject, do not deserve the attention of Parliament; whether or not and how far they call for legislation is another question. Add to them the complaints of the valuation clauses on the part of the holders of wine and beer licences, the complaints on the part of teetotallers that the recent Act did not go far enough, and last though not least the complaints from the Bench that the licensing Acts are very difficult to understand, and it will then be seen that it will be no easy task to make all things plain. As further legislation of some kind is now determined on, we hope that it will include the repeal of the minimum penalty of 17. under sect. 67 of the Act of 1872, which, singularly enough, does not appear to have been asked for by the licensed victuallers themselves. The power to impose a nominal penalty in trivial cases would render it no longer possible for magistrates to dismiss informations in spite of the clearest evidence in support of them, or to give out beforehand that they "would not convict" if such and such an offence were brought before them, or to disregard the law by imposing less than the minimum penalty. Indeed, we doubt whether the simple repeal of sect. 67 would not be a sufficient amendment of the law at present, unless indeed consolidation be attempted, in which case the name of the desirable amendments is legion, simply from a legal point of view. Unless it be of the simplest kind we fear that any measure short of a consolidating one is likely to create new difficulties of construction without solving the old ones.

By a singular coincidence, the Times of Saturday last contained notices of two remarkable cases of alleged conspiracy. Of the one, the charge of conspiracy to hiss an actress off the stage, we believe the law to be undoubted, that this is a common law conspiracy. There is, in fact, a familiar case precisely in point. The law of the Burnley case, on the other hand, in which union workmen were charged with a conspiracy to induce non-union workmen to break their contracts with employers whose practice it was to employ non-union men alone, to the serious damage of those employers, is in a state unsatisfactory and obscure to the last degree. There is much force in the contention that "the two streams of common law and statute law have been brought into one, and that the only offence of molesting and obstructing is that interpreted so precisely by the Criminal Law Amendment Act 1871," but Baron AMPHLETT let in the whole stream of common law under cover of the words "nothing shall prevent any person from being liable under any Act or otherwise," and we can hardly dispute the correctness of the ruling. Nevertheless, we should like to see some strong judicial construction of the proviso that "no person shall be liable to punishment for conspiring to do any act on the ground that such act tends to restrain the free course of trade." Is this proviso applicable to the facts of the Burnley case, and if not, why not? It is, we think, much to be regretted on public grounds that the jury had to be discharged without giving a verdict, thus preventing the law of the case from being solemnly decided by the Court of Criminal Appeal. The judgment of that court would have formed an admirable text for the report of the recently constituted Royal Commission to examine into the working of the Master and Servant and Criminal Law Amendment Acts. To know the law is the first step towards amending it, if it is to be amended. Apropos, it is a sad pity that so many of the influential leaders of the union party have decided upon the policy of having "nothing to do" with the Royal Commission. Such a policy is open to the criticism that those who wish to shut out evidence are not themselves prepared with such a body of evidence on their side of the question as would justify an alteration of the law. Quite independently, however, of the proposed investigations of the Commission, we think that it is highly

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THE existence of local courts of record, in districts where there are County Courts, is undoubtedly an anomaly. Provision will doubtless soon be made for consolidating the jurisdictions, and in the City of London, as well as in the country, it would be greatly to the advantage of the public that the practice in all courts of law should be uniform. These remarks are suggested by a case which has reached us from Oswestry, where it appears there is a court of record presided over by a recorder. In the case in question the only question which the recorder had to decide was one of costs, he having a right to certify much as a Judge in the Superior Courts of Common Law. The debt was admitted, but the recorder, nevertheless, certified, the consequence being, apparently, that whereas a few shillings would have been the extent of the defendant's liability for costs in the County Court, he has been ordered to pay £7 5s. 10d. as taxed costs on a debt of £1 3s. This, doubtless, is an enormity, but the defendant had brought the calamity upon himself by keeping his creditor at arms' length for several years. On this ground (certainly somewhat novel) the Judge certified. But it is really not surprising that any court should be selected by attorneys in preference to the County Court. An Oswestry attorney, speaking of this case, gives an instance of the injustice which is inflicted by the present scale of charges in County Courts. "I once had," he says, a County Court case of demurrage, where the amount claimed was between £10 and £20. I conducted the case on the hearing; judgment was reserved. Next court day I went to hear it; it was against me on a point of law. The Judge was wrong, and the following court day I moved successfully for a new trial. The arguments on the new trial took me a day or two to prepare, and two hours to deliver. Next court the Judge reversed his decision on the point of law, and I had judgment; but all the costs I could get out of the other side towards my own charges were 15s.! So that instead of handing the sum recovered over to my client untouched-as one ought to have been able to do-it had to be sweated to pay my own fee." This is certainly the practical consequence of the statutory regulations. Whilst, therefore, we think that jurisdictions should be uniform, professional allowances ought to be placed upon a just and sensible basis.


THE relations between the Bench, the Bar, and the public are daily becoming more delicate, and the scoldings which the heads of the Profession frequently receive from the Press are, in our opinion, of very doubtful expediency. The learned Judge who is the last offender against the journalistic code of judicial propriety is Vice-Chancellor Sir RICHARD MALINS, who, having a case of gross hardship and injustice brought before him wrapped up in a technicality, was bold enough to condemn the injustice whilst deciding the point of law raised for his determination. The journal whose wrath was excited to the most remarkable degree was the Pall Mall Gazette. The opinion emanating from this periodical has been adopted by quotation in the Times, which makes it the more important, and it is to the effect that the conduct of the Judge was discreditable to the administration of justice. It is no special duty of ours as a legal journal to defend our Judges; but of all critics in the Press the one least entitled to express its views on the decision of the demurrer in the case of Dr. Hayman is the Pall Mall Gazette. Never, probably, was there a more excessive use of the power of the press than that of which the Gazette was guilty in writing Dr. HAYMAN out of Rugby, and in considering its estimate of the Vice-Chancellor this must be borne in mind. By press persecution to crush a man, and then to object to an honest judge expressing natural feelings of indignation when he has the opportunity, evinces a spirit which disqualifies a writer from acting as a critic, as much as Dr. TEMPLE'S prejudice disentitled him to sit as a judge on Dr. HAYMAN. But in what sense is Sir RICHARD MALINS'S Conduct "discreditable to the administration of justice"? He ought not, we are told, to have suggested a compromise; he ought not to have expressed a wish that the defendants should abandon the demurrer in order that the case might be heard on the merits; he ought not (his suggestion being rejected) to have said that he considered Dr. HAYMAN hardly used, or that Dr. TEMPLE had offended in any sense, if he had not acted corruptly; in short, that the point raised being one of pure law, the governing body were entitle to be spared all punishment in the shape of judicial condemnation because they had availed themselves of a technical defence. Is, then, a free expression of opinion by a Judge with reference to facts alleged in a bill which are admitted by a demurrer to be true,"discreditable to the administration of justice," the party demurring having thereby declined to give any version of the facts whatever? That this

proceeding on the part of a Judge may not be quite consistent with the strict administration of technical law, we might admit, but that it is any offence against the proper administration of "justice" we deny. A very analogous case is that of Osgood v. Nelson, in which a deserving officer of the Corporation of the City of London, was arbitrarily dismissed under powers conferred by a private Act of Parliament. There the point simply was whether the Corporation had the arbitrary power claimed. In deciding, on an application for a mandamus, that they had the Court of Queen's Bench (more particularly the LORD CHIEF JUSTICE), did not consider it discreditable to the administration of justice to express sympathy with the dismissed officer, and to refect somewhat strongly on the Corporation. Every one who goes into Vice-Chancellor MALINS'S Court knows that he may there find something more than naked law administered. The VICE-CHANCELLOR hates all iniquity and unfairness. Nine times out of ten the expression of his indignation does infinite good, and we are disposed to think that in the result this is the effect of his comments and judgment in the case of Dr. Hayman.

THE ARBITRARY POWERS OF PUBLIC BODIES. RECENT experiences show that it is quite possible for great public bodies to exercise vexatiously the powers which Parliament has seen fit to confer, and a question which seems likely to come forward prominently is whether and under what circumstances individuals should be shut out from the ordinary remedy of an appeal to the courts of the country. It is hardly possible to believe that the advisers of Dr. Hayman in his proceedings against the Governing Body of Rugby School, felt any confidence, that failing to establish that that body had acted corruptly in dismissing him the Court of Chancery could interfere. The provisions of the Public Schools Act of 1868 are exceptionally clear. The 12th section says that "the head master of every school to which this Act applies, shall be appointed by and hold his office at the pleasure of the new Governing Body." The New Governing Body did not appoint Dr. Hayman, but they did decide that he should not hold office.

It is plain enough that the only arguable question was whether the two members of the Governing Body complained of by Dr. Hayman, namely, Dr. Temple and Dr. Bradley, were disqualified as members of a governing body sitting upon his case, and undoubtedly it is important to consider from this point of view when a person exercising a judicial or quasi-judicial office is incapable of acting. The Court of Queen's Bench, in the Queen v. Rand (L. Rep. 1 Q. B.) said at pp. 232, 233, that "wherever there is a real likelihood that the Judge would from kindred or any other cause have a bias in favour of one of the parties, it would be very wrong in him to act; and we are not to be understood to say that where there is a real bias of this sort this court would not interfere." But they add that Req. v. Dean of Dorchester (17 Q. B. 1) "is an authority that circumstances from which a suspicion of favour may arise do not produce the same effect as a pecuniary interest."

Now, in Reg v. Rand the persons complained of were justices of the peace, and in Regv. Dean of Dorchester a schoolmaster contended that a visitor of a school, whom the schoolmaster had abused in a publication, had no right to sit in judgment upon and dismiss him. In each case, however, the act complained of was sustained, and the case of Rugby School is certainly not stronger than those on the side of the dismissed master. It would be going very great lengths to say that a body exercising judicial functions should not be allowed to entertain strong individual views of a servant whom they may be called upon to pass judgment upon, and if the principle of disqualification, on the score of interest or bias, were applied to such a case, it might be very difficult to know where to stop.

As regards the controlling influence of the courts of common law by mandamus, we have no doubt that nothing short of pecuniary interest, or something distinctly analogous, will call for its exercise over a body which is given arbitrary powers by Act of Parliament; and the case of Daugars v. Rivaz (23 Beav. 233), shows, with sufficient clearness, the only conditions under which a court of equity would feel called upon to review the decision of such a body. The Master of the Rolls found that between the governing body of the French Protestant Church in London and the pastor a trust existed, that the latter might compel the execution of the trust in his favour, and, being dismissed, claim to be reinstated. There the question was as between the jurisdiction of the Court of Chancery and a common law court, and the existence of the trust decided the case in favour of the jurisdiction in equity. Therefore where a trust exists or there is a corrupt exercise of statutory power, a jurisdiction vests in the Court of Chancery. But even where there is a trust it is easy for trustees to make their servants enter into express agreements to submit to arbitrary dismissal. The elders and deacons of the French Protestant Church adopted this course when the difficulty arose in Daugars v. Rivaz, and thus took themselves out of the jurisdiction of the courts. The Master of the Rolls observed that the result of such a proceeding was to give the elders and deacons absolute control over the minister, both as to conduct and doctrine, and this with

out the control or possibility of interference on the part of the congregation. "Such an authority," he said, "if recklessly exercised (and all uncontrolled authority is liable to be so) might wholly subvert the objects and purposes for which this institution was founded." This is an argument against giving uncontrolled power to any governing body whatsoever, but general expediency points in the other direction. It is a common observation that hard cases make bad law, and it is a subject for congratulation that largely as the Vice-Chancellor sympathised with Dr. Hayman, he did not allow himself to be carried outside the settled principles which limit his jurisdiction.

(Continued from p. 341.)

THE searches to be made when freeholds in possession or reversion, or any legal or equitable estate therein, are being dealt with are for judgments, writs of execution (except in cases of equitable estates not entitling the owner to the whole of the profits), lites pendentes, crown debts, annuities, rentcharges, improvement charges, bankruptcies, insolvencies, composition deeds, and liquidations by arrangement. The state of the title or the smallness of the property may, however, render some of the searches unnecessary. In previous papers we have shown against whose names the several searches should be made. Inquiries should be made of the tenants as to the terms of their holdings, and whether they have any further interest in the property or are aware of the claim of any person other than the vendor or mortgagor. Inquiries should also be made as


easements affecting the property, and particular care must be taken to see that all succession duties have been duly satisfied, or in the case of the purchase of the reversion due regard must be paid to the effect of the recent decision of The SolicitorGeneral v. The Law Reversionary Interest Society (29 L. T. Rep. N. S. 769; L. Rep. 8 Ex. 233). If the deeds are not in the custody of the vendor or mortgagor it must be ascertained that they are in the hands of persons entitled to retain them, and that such persons have no claim upon the property being dealt with. In register counties a search should be made at the register office, to see that all documents of which the purchaser or mortgagor is aware have been registered, and that nothing else affecting the property has been registered, and as soon as possible after completion a memorial of the conveyance or mortgage should be registered. FREEHOLD MANORS.

Although, perhaps, not always usual, we would suggest, in addition to the above searches and inquiries, that a strict search should be made of the court rolls of each manor in order to ascertain that no copyholds exist of which the purchaser or mortgagee has not been informed, and that the existing copyholders of whom he is aware have no privileges other than those ordinarily attaching to their estates.

To show the importance of a search of the court rolls we quote the following case, which, although entirely supposititious, is founded upon the facts of a case which recently happened within the writer's knowledge. In the year (say) 1790, a settlement was made by A, whereby the manor of Whiteacre and certain freehold lands in the parish of X. were limited to A. for life, with remainder to B. (his son) for life, with remainder to the first and other sons of B. in tail, with remainder to C. in fee. The manor then included a large quantity of land held by copyholders, the interest of the whole of whom A. purchased and caused to be surrendered to a trustee for himself. A. also purchased some freehold land in the parish of X., which was conveyed to himself. A. died in 1825, having by his will, made shortly before his death, devised all estates held by or in trust for him to similar uses to those declared by his settlement of the Manor of Whiteacre. Upon A.'s death B. entered into possession and received the rents until his death in 1865, when D., his only son, entered into possession, and immediately executed a disentailing deed, which was duly enrolled in Chancery. After being in possession some years, D. contracted for the sale of the whole of the property as freehold, and the purchase was duly completed. D. died without issue a short time after completion, and by an accidental search of the court rolls it was discovered that the entail in the copyholds which had never been merged had not been barred, and consequently that under A.'s will C. was entitled to them.


The searches and inquiries will be the same as in the case of freeholds, except that no search need be made for judgments. In addition, it must be ascertained that all the lessee's covenants have been performed or waived by the lessor, and that sufficient probate duty has been paid upon all the testator's estates, of which the leaseholds formed part. In some cases the assent of the lessor is necessary to any assignment, and in others notice of every assignment has to be given to the lessor, or the assignment has to be registered; the requirements (if any) of the particular lease must of course be properly complied with. In dealing with a lessee's fixtures, where the lessee is in possession, search should

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