« EelmineJätka »
man, by a subscription limited to £1 1s. each leaving :- That this board cannot part with Mr. Mr. Smith is stated to have resulted from heart member, having been read, it was resolved Sprague without expressing their appreciation of disease, hastened by nervous injury received in
4. On the motion of the chairman, seconded by the very great ability, care and attention that he the railway accident at Wigan while on the Mr. Shaen:
has shown in the performance of his duties of journey from London to Scotland last year. " That the object of the circular be cordially actuary and secretary of the society for the twelve recommended by this meeting to the support of years he has been with them. They request, on every member of the association, and that Mr. the part of the society, his acceptance of a piece PROMOTIONS AND APPOINTJ. M. Clabon be requested to undertake the office of plate, of the value of 100 guineas, as a tostiof treasurer.” mony of his services.'
MENTS. 5. On the motion of Mr. Clabon, seconded by
GEORGE LAKE RUSSELL, Chairman.” N.B.-Announcements of promotions being in the nature Mr. Hooper of Exeter :
The report was unanimously adopted.
of advertisements, are charged 28. od. each, for which
postage stamps should be inclosed. * That the best thanks of this meeting be pre. The retiring directors-Messrs. Birch, Hilliard, sented to Mr. Charles Pidcock, of Worcester, for and Dunster-were re-elected, and Mr. Henry The Queen has been pleased to direct Letters his services during the past year, and for his able Cecil Raikes, M.P., was elected a director in tho Patent to be passed under the Great Seal, grant. conduct in the chair this day.' room of Mr. Moore, Q.C., deceased.
ing the dignity of a Knight of the United King, CHARLES PIDCOCK, Chairman. Mr. Boodle was re-elected an auditor on the dom of Great Britain and Ireland unto John
part of the proprietors, and Mr. Bailey on behalf Smale, Esq., Chief Justice of the Colony of Hong
of the assured. EQUITY AND LAW LIFE ASSURANCE
Mr. W. G. Lemon proposed, “That the thanks of The Queen has been graciously pleased to make The annual meeting was held on Tuesday, March that the sum of £2000, free of income tax, be
the meeting be presented to the directors, and the following appointments :3, at the offices, 18, Lincoln's-inn.fields, George voted to them for their services during the past of the Supreme Court of the Colony of Hong
FRANCIS SNOWDEN, Esq., to be Puisne Judge Lake Russell, Esq., the chairman of the directors, year.” He felt that the mode in which the busi. Kong. presiding. Mr. G. W. Berridge (the actuary and secretary) wonld ensure the most cordial approval of this Judge of the Supreme Court of the Straits Settle
ness had been conducted during the past year GEORGE PHILLIPO, Esq., to be Senior Puisne read the notice convening the meeting, and the resolution. (Hear, hear.) report of the directora, which was as follows:
mente. “ The directors have again the pleasure of to, and acknowledged by Mr. J. Moxon Clabon, Puisne Judge of the Supreme Court of the Straits
The resolution was seconded, and at once agreed THEODORE THOMAS FORD, Esq., to be Junior reporting to the proprietors a successful year. the deputy chairman.
Settlements. 'A large amount of new assurances has been The thanks of the meeting were voted to the effected with the society, and now, for the first anditors, together with the sum of 40 guineas, General for the Ireland of Jamaica.
GRORGE HURLEY BARNE, Esq., to be Attorneytime, the assets of the society exceed one million for their services during the past year. sterling.
On the motion of Mr. Eiloart, a hearty vote of “The gross amount of new premiums re- thanks was presented to the chairman, and the ceived in the year is £17,849 13s. 10d. Of this, meeting dispersed.
THE GAZETTES. £7863 1s.6d. has been received in single premiums, leaving £9986 123. 4d., and after de. ducting from this sum the amount of reassurance
ARTICLED CLERKS' SOCIETY.
Professional Partnerships Dissolbed. premiums, there is left a net now annual income A MEETING of this society was held at Clement's.
Gazette, March, 10. of £9669 7s. 8d. inn Hall, on Wednesday, the 18th March, Mr. BRITTON and TURNER, attorneys and solicitors, Newcastle
March 5._(John James Britton and Henry Lucas Turner “The number of policies is 190, and the net feld opened the subject for the evening's debate, CHESTER, UROCHANT, Businer angeh MA Were attorney, and E. F. Stanway, solicitor, in the chair. Mr. Wing.
Debts by Turner ties have also been granted amounting to £1350 viz., " That an acceptance of a retainer or papers
James Henry Holden.) As regards Bushby. March 5. Debts per annum; a large portion of the single premiums The motion was carried by a majority of three.
by counsel should constitute a simple contract." by Mayhew and Holden has been received for the purchase of these annuities. £14,643 0s. 6d. has also been received
Bankrupts. for the purchase of eighteen annuities, amounting HUDDERSFIELD LAW STUDENTS'
Gozette, March, 13. to £1781 7s. 6d.
To surrender at the Bankrupts' Court, Basinghall-street. “The amount of interest and dividends received Ara meeting of this society, held on Mouday even.
CATCHPOLE, JOSEPH, strawboard dealer, Wnitricid-st, Finsbury.
Pet. March ll. Reg. Hazlitt. Sur. Murch 24 in the year is £44,867 1s. 11d. ; this is a larger ing last, at the County Court, the question under MARSHALL, PEMBROKE OORDHA HUTCHINSOX, auctioneer, amount than the corresponding item last year discussion was, “Is the unanimity required in
Boyson-rd, Camberwell. Pet. March 11. Res. Spring Rice. Sur. by about £7000; but it includes a sum of juries conducive to the attainment of justice ?"
To surrender in the Country. £3116 193. 9d. charged as interest on the re-sale Mr. J. H. Sykes, one of the vice-presidents, oc.
BEDFOND, JOHN, boot manufacturer, Grantham. Pet. Barch 10. of a large reversion.
Reg. Patchitt. Sur. March 27 * The total premium income of the year, after the debate in the affirmative, and was supported LESIE, JANES CAMPBELL, jeweller
, Liverpool. Pet. March 10. cupied the chair. Mr. J. H. Dransfield opened COLE, ROBERT, market gardener, Thorp Arch. Pet. March 3. deducting reassurances, is £114,419 15s. 5d., and by Mr. E. H. Armitage. Mr. G. F. Johnson con.
Reg. Watson. Sur, March 15 the total receipts from all sources, exclusive of ducted the negative. The question was decided MORRIS, DAVID, outftter, Liverpool. Pet. March 9, Reg. Hime. repayment of loans, is £174,303 17s. 7d. The in the affirmative by a majority of one.
NASH, ALBERT, builder, Forest-rd, Dalston. Pet. March 9. Reg. total amount of claims and all other outgoings,
Brougham. Sur. April 17 including a sum of £300 written off the cost of
NOBLE, MARK, grocer, Bradford. Pet. March 10. Reg. Robinson. the society's house, is £106,738 16s. 9d., and, con. sequently, the assets of the society have been
OGDEX, EDWIX, and MAUDE, JOHx, common brewers, Halifax, LEGAL OBITUARY.
Pet. Durch 10. Reg. Rankin. Sur. March 30 increased by a sum of £67,565 Os. 10d. The
Gazette, March 17. NOTE.-This department of the LAW TIMES, is contributed amount of the funds at the end of the year, after by EDWARD WALFORD, M.A., and late scholar of Balliol
To surrender at the Bankrupts' Court, Basinghall-street. providing for outstanding claims, dividends, &c.,
College, Oxford, and Fellow of the Genealogical and
DOUGLAS, JOHX, upholsterer, Tottenham-ct-rd. Pet. March 13. was £1,020,298 10s. 5d. Deducting the reversions,
Historical Society of Great Britain; and, as it is desired
Reg. Marruy. Sur. March 31 to make it as perfect a record as possible, the families and
To surrender in the Country. outstanding premiums and interest, and cash on friends of deceased members of the Profession will oblige COLYER, EDWARD, gentleman, Sevenoaks. Pet. March 10. Reg. current account, the remainder was invested at an by forwarding, to the LAW TIMES Office any dates and
Cripps. Sur. April 1 average rate of £4 198. 9d. per cent., or, including
materials required for a biographical notice.
EVANS, JOHN OWEX, out of business, Englefield. Pet. March 14.
Reg. Collins. Sur. April 2 the reversions and assuming that they produce
GRIFFITHS, MARY, farmer, Stepin. Pet. March 14. Reg. Lloyd.
Sur. March 27 6 per cent., the average rate becomes £5 3s. per
A. LANGDON, ESQ., LL.B.
SMITH, SAMUEL, jun., gentleman, Upton Snodsbury. Pet. March cent. THE late Augustus Langdon, Esq., LL.B., bar.
14. Reg. Cripps. Sur. April 2
WADSLEY, GEORGE, farmer, Sutterton Dowdyke. Pet. March 13. "The number of deaths proved during the year rister-at-law, who died at 38, Norland-square, Reg. Staniland. Sur. March 31 was 36, causing claims under 60 policies assuring Notting hill, on the 4th inst., in the sixty.first
BANKRUPTCIES ANNULLED. £85,774. Of this sum £54,024 were on the parti. year of his age, was the second son of the late
Gazette, March 10. cipating scale and carried bonuses amounting to William Langdon, Esq., of Cadogan-place, Chelsea, BROWN, HERCULES, miller, Smethwick. May 30, 1861 £8335. and was born in the year 1813. He was educated
Gazette, March 13.
HOWARD, WILLIAM, no occupation, Leyton. Aug. 28, 1873 “ The claims for the year were, however, re. at Trinity College, Cambridge, where he took his TROTT, JOHN, contractor, Gibson-sq, Islington, and Metropolitan
Meat-market. May 5, 1871 duced by £18,811 received from other companies. degree as Bachelor
of Laws in 1836. He was called
WATKINSON, THOMAS, draper, Bradford. April 15, 1871 Although the claims for the present year are high, to the Bar by the Honourable Society of Lincoln's yet, taking the average of the four years which Inn in Hilary Term 1835. Mr. Langdon was an have expired of the current quinquennium, the ardent numismatist, and was a fellow of several Liquidations by Arrangement. amount is only £52,135, which is considerably of the learned societies, though his infirmity of
FIRST MEETINGS. below the expectation. deafness prevented his taking part in their pro.
Gazette, March 13. “The expenses of management, £6425 1s. 93., ceedings; and there are few charities in London
BOOX, EBENEZEN, and HAMBRIDGE, WILLIAM, tailors, Yeovil. amount to only 33 per cent. on the total income. that will not miss in him a kind and constant Pet. March 10. March 28, at twelve, at the George hutel, Stour.
bridge. Sol. Davies, Sherborne “The directors have to regret the loss by death friend. He married in 1836, Miss Sarah Watts,
BOWDEN, JOHx, corn merchant, Newton Abbott, Totnes, and of one of their members, Mr. E. F. Moore, Q.C., daughter of the late Edward Watts, Esq., of Plymouth, Pet. March 2. March 24 (not 14th as printed in
Guzette of 6th inst.), at half past three, at the Half Moon hotel, and there is therefore a vacancy to be filled up Yeovil, Somersetshire, by whom he has left a
Exeter. Sols. Messrs. Learoyd, South-st, Finsbury at this meeting.
family of eight children. His remains were in. BOYES, Joux, boot dealer, Scarborough. Pet. March 9. March “The directors who retire by rotation are Mr. terred at Brompton Cenuetery.
24, at three, at office of Sol. Watts, Scarborough
BROWX, JOHx, cloth finisher, Dewsbury. Pet. March 10. March Birch, Mr. Hilliard and Mr. Dunster. Mr. Boodla,
23, at eleven, at the Royal hotel, Dewsbury. Sol. Walker, one of the auditors for the proprietors, and Mr.
BUNKELL, HENRY CHRISTOPHER, auctioneer, King-st, Cheapside Bailey, one of the auditors for the assured, also The late Mr. John Campbell Smith, secretary of
Pet. March 3. March 28, at four, at office of Challis, 12, Clements. retire by rotation; all these gentlemen offer them the City of London Conservative Association,
la. Sol. Watson, Basinghall-st
CAIX, CHARLES, baker, Luton. Pet. March 5. March 24, at hall. selves for re-election. whose death, at the residence of his father, in
past two, at office of Sol. Jeffery, Luton
CARR, GEORGE, commission agent, Bread-st. “Since the last meeting the society has lost the Roxburgh-street, Greenock, North Britain, has March 28, at two, at office of Lovering and Co. 35, Gresham-st. services of Mr. Sprague, who for more than twelve just been announced, at the age of thirty-two
Sol. Plunkett, Gutter-la
CELLA, LUIGI, photographic artist, Boston, Pet. March 9. years most ably discharged the duties of actuary years, was a student of Lincoln's Inn, and was a Warch 27, at eleven, at the Peacock hotel, Boston, Sol. York, and secretary. While, howevor, the directors gentleman well known in literary circles. He was
CHAPMAX, THOMAS, upholsterer, Sunderland, have to regret his loss, it is satisfactory to know born in the year 1842, and besides holding the March 25, at eleven, at the Queen's hotel, Leeds. Sol. Alcock, that he left the society in consequence solely of above-mentioned appointment, he had acted as cen
CLEWLOW, THOMAS, bootmaker, Ann's.pl, Upper Sydenham. his obtaining a much more valuable appointment. tral agent during the recent parliamentary election. Pet. March 7. Maroh 35, at three, at the Chamber of Commerce In his successor Mr. G. W. Berridge, the directors Mr. Smith, who was maternally descended from a
145, Cheapside. Sol. McDiarmid, Old Jewry-chinbs
COOPER, ELIZA FRANCIS HENRIETTA, widow, Pinhoe. are satisfied that the society has secured the ser. good old family of Scottish extraction, was an March 10. March 28, at twelve, at office of sol. Floud, Exeter vices of a gentleman, in whose experience and occasional contributor to the Fortnightly Review CPSFELD WALL ART HE NEW ne te cileamona Winchester. ability
accountants, 29, High-st, SouthamptonSol. Lomer The following minute was made in the books to the Bar by the Honourable Society of Lincoln's DAKIN, Jous builder, Lichfield.
Pet. March om afarch 28, at
eleven, at office of Duign in, Lewis, and Lewi, Boicitors, W. of the society on the occasion of Mr. Sprague's Inn in the course of next month. The death of Ball. Sol. Daie, Walsall
Sur. Murch 21
Pet. March 10.
Pet. March 9.
DRAKE, JOE, card maker, Halifax. Pet. March 10. March 30, at
eleven, at office of Sols. Holroyde and Smith, Cheapside, Halifax DRUMMOND, WILLIAM, bookseller, Wrexharn. Pet. March 10.
March 27, at twelve, at office of Sol. Jones, Wrexham
11. March 31, at a quarter past ten, at office of Sols. Messrs.
March 2, at three, at office of Sol. Davies, Furnival's-inn GEROTHWOHL, BENEDICT SIGISMUND, wine merchant, Manchester. Pet. March 10. April 8, at two, at the Guildhall
coffee-house, Gresham-st. Sol. Miller, King-st, Cheapside GIBBS, GEORGE, tobacconist, Shrewsbury. Pet. March 10.
March 28, at eleven, at office of Sol. Morris, Shrewsbury
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
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, Birming
at three, at office of Sol. Atkinson, Bradford
at three, at the Clarence hotel, Manchester. Sols. Sutton and
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
31, at twelve, at Lomas, Harrison, and Starkey, accountants,
37, Cannon-st, Birmingham, Sol., Thick, Bristol LLOYD, HENRY JOHN, glass manufacturer, Birmingham. Pet.
March 10. March 28, at three, at the Queen's hotel, Birmingham
Sol. Fitter, Birmingham
30, at twelve, at office of Sols. Mesers. Lloyd, Newport MEES, THOMAS, miller, Mells. Pet. March 10. March 30, at one,
at offices of Sol. Ames, Frome
March 27, at eleven, at offices of Sol. Burton, Tunbridge Wells
March 10. March 27, at three, at 10, Nicholas-st, Burnley. Sol.
and Gooseberry-gdns, Gutter Hedge-la, Hendon. Pet. March 9.
den-new-town. Sol. Hicks, Annis-rd, South Hackney
March 25, at three, at office of Sol. Potts, Daventry
March 9. March 23, at two, at the Bath hotel, Leamington
Priors. Sol. Sanderson, Warwick
March 27, at eleven, at 21, Pirnlico-walk, Hoxton. Sol. Goatly,
twelve, at office of Sol. Leyson, Neath
March 26, at three, at office of Sol. Ritson, Manchester
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, Basing
hall-st. Sol. Watson, Basinghall-st
March 31, at eleven, at office of Sol. Preston, Mark-la
Pet. March 7. April 2, at two, at offices of Sol. Parry, Guild
hall-chmbs, Basinghall-ht PRICE, WILLIAM HENRY, messman, East Stonehouse. Pet.
March 9. March 25, at twelve, at office of Sol. Square, Ply
mouth 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 33, 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
Tickle, 5, Great St. Thomas Apostle
March 26, at eleven, at office of Sols. Terry and Robinson, Brad.
ford SMITH, JOSEPH, wool dealer, Sowerby-bridge, par. Halifax. Pet.
March 7. March 25, at eleven, at office of Sol. Rhodes, Halifax SUTTON, GEORGE FREDERICE, traveller, Harrow-rd. Pet.
March 2. March 25, at three, at office of Sol. Peddell, Guildhall
chrbs, 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
April 1, at ten, at office of Sol. Richardson, Bolton
Pet. Morch 10. March 3, at half-past twelve, at office of Sol.
eleven (and not March 16 as previously advertised), at the Swan
hall. Pet. March 10. March 31, at twelve, at office of Sol. Gatis,
March 9. March 25, at two, at office of Sol. Lewin, Southamp-
sington. Pet. March 5. March 23, at three, at 6, Beaufort
bldgs, Strand. Sol. Lind WALTON, JAMES, grocer, West Gorton, near Manchester. Pet.
March 1o. March 27, at two, at offices of Sols. Addleshaw and
March 4. March 23, at one, at Izard and Betts, accountants, 46,
Sol. Annesley, St. Alban's
at three, at the Angel inn, Wrangle. Sol. Bell, Louth
Narberth. Pet. March 9. March 27, at a quarter past ten, at the Guildhall, Carmarthen. Sol. Parry, Pembroke-dock WILLIAMS, PETER MOSTYX, coal merchant, Liverpool. Pet.
March 10. March 31, at three, at offices of Sols. Barrell and
Gazette, March 17.
OWENS, BENJAMIN, and OWENS, OWEN, builders, Chester. Pet. ALLEY, Joux, bootmaker, Burton-upon-Trent. Pet. March 10.
March 13. March 30, at twelve, at the Queen Railway hotel,
Chester. Sol. Churton, Chester
PALMER, ISAAC, upholsterer, Stockwell-et, Greenwich.
March 12. March 31, at three, at office of Baggs and Co., 28, ALLEN, WILLIAM, 'farmer, Great Stambridge. Pet. March 11. King-st, Cheapside. Sol. Bristow
March 31, at two, at the King's Head inn, Rochford. Sol. Greg- PAYNE, LEVI, cab proprietor, Bristol. Pet. March 12. March son, jun.
23, at twelve, at offices of Sols. Benson and Thomas, Bristol ANDERSON, WILLIAM, grocer, East Moulsey. Pet. March 13. PEPPER, WILLIAM, builder, Ipswich. Pet. March 13. March 31, March 30, at two, at office of Sol. Bradley, Mark-la, London
at eleven, at office of Sol. Jennings, Ipswich ATHERTON, EDWARD, lithographer, Manchester. Pet. March 12.
PETTIT, JOSEPH, corn dealer, Bury St. Edmunds. Pet. March March 31, at three, at office of Sols. Sale, Shipman, Seddon, and
13. April 6, at two, at the Guildhall, Bury St. Edmunds. Sols. Sale, Manchester
Messrs. Salmon, Bury St. Edmunds
at twelve, at Chapman's hotel, Great Grimsby. Sol. Mason, BACK, JOHx, baker, Ashford. Pet. March 12. March 31, at two,
Great Grimsby at offices of Sols. Hallett, Creery, and Furley, Ashford
PURKISS, CHARLES WILLIAM, bullder, Camden-st, CamdenBARKER, HENRY RANDALL, foreman to a fariner, Bendish. Pet.
town. Pet. March 13. April 9, at three, at offices of Sol. March 13. March 30, at three, at office of Sol. Bailey, Luton
11. April 1, at eleven, at offices of Sols. Booth, Clough, and BARROW, WILLIAM, joiner, Sunderland. Pet. March 11. April
Booth, Leeds 2, at eleven, at office of Sol. Pinkney, Sunderland
RANDS, ELIJAH LESTER, ironmonger, Queen's-ter, Surbiton-rd,
Sols. Messrs. Robinson, Basinghall-st
REYNECK, JOHN SEBASTIAN CHRISTIE, underwriter, Cornhill, and BIGNALL, SAMUEL oilman, Hackney-rd. Pet. March 12. March Lloyds. Pet. March 12. March 31, at eleven, at the Guildhall 31, at three, at office of Sol. Brunskill, Great James-st, Bed
Coffee house, Gresham-st. Sols. Ingle, Cooper, and Holmes, ford-row
City Bank-chmbs, Threadneedle-st
at half-past two, at office of Downing, solicitor, Redruth. Soll BOXA, EVAN, bootmaker, Mountain Ash, par. Llanwonno.
14. March 31, at three, at office of Sol. Ansell, Birmingham Conduit-st, Holborn. Pet. March 12. March 31, at twelve, at ROGERS, NOAH, quarrymaster, Trowbridge, Pet. March 10. the Guildhall Coffee-house, Gresham-st. Sol. Rixworthy, Lime.
March 26, at twelve, at the Court Hall, Trowbridge. Bol. Spackstreet
wall office, Upper Sunbury. Pet. March 11. March 30, at three 10. March 28, at eleven, at the Copeland Arms inn, Stoke-upon.
SHELDON, ALFRED, beer retailer, Birmingham. Pet. March 12.
SOFFE, RICHARD FOSTER, coal merchant, South Stoneham. Pet. BULLIVANT, THOMAS, builder, Great Suffolk-st, Southwark, and
March 12. March 27, at one, at the Crown hotel, Southampton. Ledbury-rd, Bayswater. Pet. March 12. March 27, at three, Sols. Lee and Best, Winchester at the Bridge House hotel, Borough High-st, Southwark. Sols. STEEDS, FREDERICK HERBERT, factor, Birmingham. Pet. Harris and Finch, Bridge-chmbs, Borough High-street, South- March 12. March 27, at eleven, at office of Sol. Davies, Birwark
mingham BURRILL, JOHN, tea merchant, Manchester. Pet. March 13. April TAYLOR, GEORGE, baker, Great Yarmouth. Pet. March 14. 1, at three, at office of Sols. Addleshaw and Warburton, Man
March 31, at twelve, at office of Sol. Rayson, Great Yarmouth chester
THORNTON, JOSEPH, grocer, Idle. Pet. March 11. March , at
TUCKER, DOUGLAS ALEXANDER, grocer, Lee-st, Haggerstone.
March 12 March 27, at three, at offices of Sol, Ibberson, Dews. cery-la. Sol. Long, Blackfriars-rd
TYER, ALFRED, grocer, Dartford. Pet. Maroh 11. April , at
Sol. Stopher, Coleman-st, London at three, at offices of Sol. Holmes, Eastcheap
WADE, ROBERT, grocer, Huddersfield. Pet. March 14. April 1, CHAPMAN, JOHN, grocer, Southwold. Pet. March 12. March 30, at eleven, at offices of Sols. Messrs. Sykes, Iluddersfield
at three, at Pearce's Rooms, Princes-st, Ipswich. Sol. Hill, WAIGHT, JANE, lodging-house keeper, Bristol, Pet. March 13. Ipswich
March 31, at twelve, at office of Hancock, Triggs, and Co., CHILD, STEPHEN, carver, Cheltenham, Pet. March 12. March 30,
Bristol. Sol. King at twelve, at office of Sol. Smith, Cheltenham
WALDEN, JOSEPH JOHNsox, hosier, Southampton. Pet. March Cox, JOSEPH WHITE, of no occupation, Winchester. Pet. March 12. March 31, at three, at offices of Sol, Killby, Southampton 11. March 30, at eleven, at office of Sols. Messrs. Wooldridge,
WARD, HENRY LEA, chemist, Middlewich. Pet. March 10. March Winchester
31, at eleven, at office of Sols. Cooke, Middlewich CRANE, DAVID, tallor, Birmingham. Pet. March 13. March 30, WARD, SAMUEL, butcher, Birmingham. Pet. March 11. March 27, at three, at orice of Sols. Wright and Marshall, Birmingham
at twelve, at office of Sol, Fallows, Birmingham DAVENPORT, JOHN, jun., and BECK, AUGUSTINE, jun., earthen- WEST, WILLIAM, draper, Ramsgate. Pet. March 12. March 30, ware manufacturers, Hunley. Pet. March 12. March 30, at
at three, at office of Sol. Sturt, Ironmonger-la, London eleven, at the County Court Office, Hanley. Sol. Tompkinson WILCOCKS, ISAAC, victualler, Weston-super-Mare. Pet. March Buurslem
13. March 28, at twelve, at offices of Hancock, Triggs, and Co., DAVIS, JOSEPH, butcher, Blagdon. Pet. March 12, March 31, at Bristol. Sol. Clifton, Bristol threo, at office of Sol. Webster, Axbiidge
WILSON, JOHN ATKINSON, gentleman, Alnwick. Pet. March 14.
Crossman and Crossman
March 31, at three, at the Great Western hotel, Birminghamn.
Sol. Wallord FAULKNER, JOHN, brewer, Boston. Pet. March 12. March 28, at WOMACK, ELIJAH, cabinet maker, Masbrough. Pet. March 14. twelve, at office of Sol. Thomas, Boston
March 31, at eleven, at office of Sol. Willis, Rotherham
30, at two, at the Clarence hotel, Manchester. Sol. Allanson,
The Official Assigneos, &c., are given, to whom apply for the
Consens, T. B. underwriter, second 9 d. (and 39. 6 d. to new
proofs, Paget, Basinghall-st. - Finlay, A. H. merchant's clerk, 9. March 25, at twelve, at office of Sol. Fallows, Birmingham
third 3s. 104d. (and 148. 1 d. to new proofs) Paget, Basinghall-st. GRIFFITHS, MARY, butter merchant, Stepin, Pet. March 3.
- Nunn, R. R. auctioneer, second is. 3 d. (and 39. 3 d. to new March 27, at ten, at the Guildhall, Carmarthen. Sol. Howell,
proofs) Paget, Basinghall-st.-Page, R. coal owner, fourth 3 d. Llanelly
Barrett, G. Joiner, second and final 8 d. At Trust. B. Pickering, 12. April 7, at eleven, at offices of Sols. Williams and Co., New
8, Parliament-st, Hull.-Briggs, C. draper, first and final 208. At port
office of J. Crowther and Co. accountants, Bath-ehmbs, York.st, HAMMOND, FREDERICK, wine merchant, Brentford End, Isle
Manchester.-Crossley, J. jun., woolstapler, second and final 114d. worth. Pet. March 11. April 1, at three, at the Incorporated
At Trust. J. P. Birtwhistle, Crown-st, Halifax.-Death, J. wheelLaw Society, Chancery-lane. Sols. Messrs. Woodbridge, Clif
wright, first and final 3s. 71-50. At office of Ford and Lloyd, 4, ford's-inn
Bloomsbury-sq.- Fletcher, G. butcher, first and final 3s At Trist. HAMILTON, JAMES, draper, Newcastle-upon-Tyne. Pet. March
W. Smithson, 9, Grainger-st, Newcastle. – Friskney, J. M. 14. April 1, at eleven, at ofñce of Sols. Ingledew and Daggett,
grocer, ls. At office of Hudson and Pybus, accountants, Newcastle-upon-Tyne HILL, SAMUEL, cabinet manufacturer, Bethnal Green-rd. Pet.
Mechanic's Institute, Stockton. -- Green, J. jun. grocer, first
6s. ed. At Trust. Lovewell Blake, Hall-quay-chmbs, Great YarMarch 7. March 24, at twelve, at office of Sol. Vickers, South
mouth. London, E. S. draper, second and final 5d. At Trust. R. ampton-bldg, Holborn
Minton, 2, Carey-la, General Post Office.-- Pape, A. gunmaker, .. HIPLINS, DAVID, and HIPKINS, DAVID ALEXANDER, iron
At Trust. W. Smithson, 9, Grainger-st, Newcastle.-Salmon, W. F. masters, Westbromwich. Pet. March 14. April 2, ut two, at tie manufacturer, second as. At Trust. B. Minton, 2, Carey-la, the King's Head inn, Birmingham. Sol Warmington, Dudley
General Post Office.- Walker, C. grocer, 25. 6d. At Trust. J. C. HINCHCLIFFE, GEORGE, machine maker, Halifax. Pet. March 13.
Clegg, Bank-st, Sheffield.-Wood, A. stockjobber, 45. At Trust. March 30, at twelve, at ofices of Sol. Rhodes, Halifax
G. W. Challís, 12, Clement's-la, King William-st. - Wood, J. type HORLICK, ALFRED, farmer, Merton. Pet. March 6. March 27,
founder, further 1s. At Trust J. P. Snell, 85 and 86, Cheapside.
March 31, at twelve, at the London tavern, Bishopsgate-street-
inn, between 11 and 2 on Tuesdays.
March 2, at eleven, at office of Marries, accountant, Birming- auditor, Lancaster, sixth 8]d. - Sturmer, F. clerk, Howland-st. ham. Sol. Pointon, Birmingham
seventh (making s0s.) 19. 4d.-White, T. R. statuary, Landport, JACOBS, JOHN EDWARD, bedding manufacturer, Euston-rd, and third ls. 3d.- Edwards, Rev. J. D. Rhosmedre, ss. 7d.
Brook-rd, Junction-rd, l'pper Holloway. Pet. Feb. 24. March
Sol. Fulcher, Basinghall-st
Gazette, March 13.
HEWETT, EDWARD JAMES, builder, Rutland-ter, Abbey-rd, St.
at three, at office of Sol. Clegg, Oldham
three, at 1, York-st, Ramsgate. Sol. Edwards, Ramsgate
March 30, at two, at offices of Ladbury, Collison, and Viney, wife of George Deedes Warry, Esq., barrister-at-law, of a son.
BROWNE-LUSH.-On the 14th inst., at St. Paul's Church, Avenue-
road, J. H. Balfour Browne, Esq., barrister-at-law, to Caroline 14. April. at two, at the Clarence hotel, Manchester. Sols.
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
April 2, at two, at office of Sol. Eve, Tanfield-ct, London, and Pen is now a voluntary infiction.
“ They come as a boon and a blessing to men, MILLS, WILLIAM EDWARD, corn dealer, Cheltenham. Pet.
The Pickwick, the Owl, and i he Waverley Pen."
Dover Chronicle says—" The nation at large ores a debt
and Company) bootmaker, Cardiff. Pet. March 9. March 27, at tion.” 1200 Newspapers recommend them. Sample
Box, by post, ls. 1d.; sold everywhere. Patentees,
Macniven and Cameron, 23 to 33, Blair-street, Edin-
Orders of Discharge.
To Readers and Correspondents.
Anonymous communications are invariably rejected.
not necessarily for publication, but as a guarantee of good faith.
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.
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MR. W. Frooks WOODFORDE, who has been appointed to succeed Mr. GEORGE RUSSELL as Judge of the Derbyshire County Courts, was called to the Bar in 844, 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.
Debtor's summons-Debt covered by
-Bankruptcy Act 1809, 8. 6, sub-sect 6 and sect. 7
before levy-- Acceptance by creditors
103 Ez parte VILLARS ; Re ROGERS
Bankruptcy - Execution creditor of trader-Seizure and sale by sherif -Payment of proceeds to execution cre
ditor-Subsequent bankruptcy ......... 104 Ex parte HOLLAND; Re HENEAGE
Married woman - Debte contracted
before marriage-Bankruptcy ............ 106 E, parte BROWX; Re JEAVONS
Practice - Bankruptcy - Re-hearing
Contrary decision by Court of Appeal
108 Ez parte KEMP; Re FASTNEDGE
Bankruptcy--Order and disposition
"Debts due to him in the course of
Parliamentary powers-Street improvement-Compulsory sale
112 V.C. BACON'S COURT. GREAT WESTERX INSURANCE COMPANY v. CUXLIFFE Marine insurance-Principal and agent
-Negligence-Broker's allowance...... 113
Practice--Service out of the jurisdiction
117 COURT OF EXCHEQUER. VAUGHTON AND ANOTHER V. THE LOX
DON AND NORTH-WESTERN RAILWAY
Loss of goods above £10 in value-
119 ELECTION PETITIONS. TAUNTON ELECTION PETITION
Parliamentary election-The relation of
candidate and agent-What consti-
Association of candi-
mand-Payment by instalments, parol
LEADING ARTICLES, &c.
Topics of the Week
375 When are Judgments Charges on Land ... 376 LAW LIBRARY
377 LEGISLATION AND JURISPRUDENCEHouse of Lords
378 House of Commons
378 PATENT LAWInfringement
378 SOLICITORS' JOURNALTopics of the Week
378 Notes of New Decisions
Bank of England
380 MAGISTRATES' LAW
Notes of New Decisions
381 REAL PROPERTY AND CONVEYANCING Notes of New Decisions ............
The Derbyshire County Courts
384 Shoreditch County Court
Wandsworth County Court
Bradford County Court
386 LEGAL NEWS.........
387 CORRESPONDENCE OF THE PROFESSIOX... 387 NOTES AXD QUERIES OX POIXTS OF PRACTICE
388 LAW SOCIETIES
Bristol Articled Clerks' Debating Society 388
399 Articled Clerks' Society
389 Birmingham Law Students' Society. 389 LEGAL OBITUARY ....
389 THE COURTS AND COURT PAPERS
Court of Chancery-Easter Vacation
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 convicied is surely quite a novelty. What right beyond 208. 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 208. in the pound. The fraud is detected, the property recovered, and 20s. 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 prima 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 208. in the pound are, however, so rare that no large amount of alarm need be excited.
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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 days only on which he sits and acts for not less than six hours 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 pay for 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 place,
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 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.
Thx 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 11. 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.
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 58. 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.
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 work. men were charged with a conspiracy to induce non-union work. med 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 Amend. ment 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
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 bronght 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
re 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.
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.
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
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 y. 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
SEARCHES, INQUIRIES, AND NOTICES.
(Continued from p. 341.)
FREEHOLDS. 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
aware of the claim of any person other than the vendor or mortgagor. Inquiries should also be made as to easements affecting the property, and particolar 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 havebeen 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, Ď. 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 acci. dental 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.
LEASEHOLDS. 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