THE usual fortnightly meeting of this society was held on Monday evening last, at the County Court, Mr. A. H. J. Fletcher occupied the chair. Mr. B. Crook opened the debate in the affirmative of the following question: Is one solitary instance of recognized dealing on credit sufficient to create a general agency? (Chitty on Contracts, 7th edit., p. 198, note d.) Mr. Crook was supported by Mr. S. Stork, and opposed by Messrs. M. J. Burn and A. W. Preston. The meeting was attended by a large number of members, the greater portion of whom took an active part in the discussion. On the question being put by the chairman, it was carried in the negative by a majority of three. LEGAL OBITUARY. NOTE.-This department of the LAW TIMES, is contributed by EDWARD WALFORD, M.A., and late scholar of Balliol College, Oxford, and Fellow of the Genealogical and Historical Society of Great Britain; and, as it is desired to make it as perfect a record as possible, the families and friends of deceased members of the Profession will oblige by forwarding to the LAW TIMES Office any dates and materials required for a biographical notice. present at meetings held for the purpose of the House." He occasionally addressed the House on various questions of domestic policy, and on matters which particularly bore on our foreign relations. The affairs of Spain where to him a most fruitful theme, and he is stated to have been one of the ablest and most inde fatigable advocates of Don Carlos in the English House of Commons. His speeches on the Spanish question, says the writer above referred to, generally displayed an intimate acquaintance with the subject in all its details. Since his retirement from Parliamentary life, the deceased gentleman had resided mostly abroad. Mr. Maclean, who was a deputy-lieutenant for the county of Durham, married in 1827 Harriet, daughter of General Frederick Maitland, a relative of the Earl of Lauderdale, and became a widower in 1850. J. MACANDREW, ESQ. THE late John Macandrew, Esq., solicitor, of Edinburgh, who died at his residence in Randolph. crescent, in that city, on the 2nd inst, in the fifty. eighth year of his age, was the eldest son of the late John Macandrew, Esq., of Edinburgh, many years a solicitor before the Supreme Court of H. LLOYD, ESQ., Q.C. Scotland; his mother was Anne, daughter of THE late Horace Lloyd Esq., Q.C., who died on James M'Lean, Esq., merchant, of Edinburgh, the 30th ult., at his residence in Sussex-gardens, and he was born at Edinburgh in the year 1816. Hyde Park, in the forty-sixth year of his age, was He was educated at the High School and Univerthe only surviving son of John Horatio Lloyd, sity of Edinburgh, and was admitted a solicitor Esq., barrister-at-law, of the Inner Temple, and in 1840. Trained in the office of his father, Mr. formerly M. P. for Stockport; the personal friend Macandrew at an early age became a processof Lord Brougham, and of the leaders of the agent of rare tact and ability, and a conveyancer Liberal party forty years ago; his mother was of no less repute. One who knew him well Caroline, daughter of Holland Watson, Esq., and describes him as "candid and conscientious in all he was born in the year 1828. He was educated his dealings with clients, and as having earned an at Caius College, Cambridge, where he took his enviable reputation as a practitioner." In 1872 Bachelor's degree in 1850. Called to the Bar by he was appointed president of the Society of the Honourable Society of the Middle Temple in Solicitors before the Supreme Court of Scotland, THE late William Rees, Esq., of Scoveston, Pem- Trinity Term 1852, he joined the Home Circuit. and during his year of office he took a thoughtful brokeshire, formerly a solicitor at Haverfordwest, He enjoyed a considerable practice at Nisi Prius,terest in all public measures calculated to who died on the 22nd ult., at his residence, and also in private arbitration cases. He at simplify and cheapen litigation. In private life, Spring-gardens, near that town, in the seventy-tained the honour of silk gown in 1868, and had says a writer in the Scotsman, "he was unostensixth year of his age, was the eldest son of the been for some years a Bencher of his Inn. tatious, warm hearted, and sympathetic, and late Mr. James Rees, of Haverfordwest, by spared neither time nor means in assisting to proMartha, daughter of the late Mr. Collins, of Marmote social and moral reforms, and spreading the loes, in the county of Pembroke. He was born at ried in 1855, Anne, daughter of the late Mr. John influence of Gospel truth." Mr. Macandrew mar. Macfie, merchant, of Edinburgh, by whom he has left a family of five children. The remains of the deceased gentleman were interred in Warriston Cemetery, near Edinburgh. W. REES, ESQ. Haverfordwest in the year 1799, and having been educated for the profession of the Law, was in due course admitted a solicitor, and practised for some years, with considerable success, in his native town. He was an alderman and magis. trate for the borough of Haverfordwest, and served as mayor of that town in 1840, and again in 1856-7; he was also a magistrate and deputy. lieutenant for Pembrokeshire, and served as high sheriff of that county in 1863. Mr. Rees was twice married; first, in 1822, to Mary, daughter of Mr. David Evans, of Haverfordwest; and, secondly, in 1858, to Mary, daughter of Mr. Thomas Dicker, of Lewes, Sussex, and widow of Mr. Samuel Salter, of Trowbridge, Wiltshire. t SIR W. H. BODKIN. THE late Sir William Henry Bodkin, many years Assistant Judge at the Middlesex Sessions, who died on the 26th ult., at his residence, West Hill, Highgate, in the eighty-third year of his age, was descended from a family of good standing in Ireland, many of whose members have been for some centuries magistrates for the county of Galway. He was the son of the late Peter Bodkin, Esq., of Galway, by Sarah, daughter of R. Gilbert, Esq., and he was born in Clerkenwell, in Middlesex, in the year 1791. Having received a good education at a private school at Islington. he in due time entered upon a course of study with the view of following the profession of the law. In Michaelmas Term 1826, he was called to the Bar by the Honourable Society of Gray's-inn, of which he became a bencher in 1858. He was appointed Recorder of Dover whilst the Con. servatives were in office in 1834, and in 1841 he entered Parliament in the Conservative interest, in conjunction with Capt. James StoddartDouglas, as member for the city of Rochester, of which he continued one of the representatives down to the general election in 1847, when he was defeated, the two seats being gained by Mr. Ralph Bernal and Mr. Thomas Twisden Hodges. Sir William Bodkin was for many years counsel to the Treasury, and having joined the Home Circuit, practised with considerable success at the Middlesex, Westminster, London, Kent, and Dover Sessions. In 1859 he was appointed Assistant Judge at the Middlesex Sessions, the duties of which office he fulfilled with marked ability down to the time of his recent retirement, consecquent upon failing health. He received the honour of knighthood in 1867. He acted for many years as chairman of the General Assessment Sessions for the County of Middlesex; he was also a Vice-President of the Society of Arts, and a Deputy-Lientenant for Middlesex. He was the author of some pamphlets "On Poor Laws," and he always took a deep interest in the welfare of the destitute and outcast of the metropolis, and was frequently T. B. BROWNE, ESQ. THE COURTS AND COURT THE late Thomas Browne Browne, Esq., of D. MACLEAN, ESQ. Equity Courts. Court of Appeal in Chancery. Thursday Monday Monday Wednesday Thursday 17 Ditto 20 Ditto 21 Ditto 22 Appeal motions, petitions, and appeals 23 Appeals Note.-Such days as his Lordship shall be engaged in the House of Lords are excepted. THE late Donald Maclean, Esq., barrister-at-law, Wednesday. (Before the LORDS JUSTICES.) At Westminster. April 15 Appeal motions At Lincoln's-inn. April 16 Appeals ............... Wednesday 17 Bankrupt appeals and appeals 20 Appeals 21 Ditto THE GAZETTES. Bankrupts. Gazette, March 27. To surrender at the Bankrupts' Court, Basinghall-street. MACNEILL, J. M. late captain in the army, The Grove, Brompton. Pet. March 25. Reg. Spring-Rice. Sur. April 16. Sols. Andersons, 17, Ironmonger-lane VYSE, HERBERT, warehouseman, Noble-st. Pet. March 23. Reg. CAMP, THOMAS, butcher, Modbury. Pet. March 25. Reg. Pearce. FOLEY, THOMAS JAMES, hotel keeper, Ramsgate. Pet. March 24. Reg. Callaway. Sur. April 8 FREELING, JAMES EDWARD. Pet. Feb. 10. Reg. Bencraft. Sur. April 10 CAMPBELL, MALCOLM, boot dealer, Sheffield. Pet. March 5. Reg. Rodgers. Sur. April 9 GORTON, ANNE; GORTON, JOHN HENRY; and GORTON, SAMUEL, bakers, Latchford. Pet. March 23. Reg. Nicholson. Sur. April 8 HALLIDAY, JOHN, stuff merchant, Bradford. Pet. March 24. Reg. Robinson. Sur. April 10 HANKS, JOSEPH, tailor, Hanley. Pet. March 23. Reg. Challinor. Sur. April 11 HUGHES, WILLIAM, farmer, Cefncaerfor Farm, Gwalchmai. Pet. LEWIS, RICHARD WILLMOTT, cabinet maker, Swansea. Pet. SETCHELL, WILLIAM, miller, Donington. Pet. March 24. Sur. April 11 WILLIAMS, JOHN NICHOLAS, mariner, Ramsgate. Pet. March 24. Reg. Callaway. Sur. April 8 WOOD, JOSEPH, upholsterer, Ramsgate. Pet. March 23. Reg. Callaway. Sur. April 8 Gazette, March 31. To surrender at the Bankrupts' Court, Basinghall-street. BROOM, JOHN, butcher, Axminster. Pet. March 28. Reg. Daw. Pet. March 26. Reg. KILMISTER, EDWARD VAISEY, farmer, Lechlade. Pet. March 23 TIPPETT, WELLINGTON PETER, beer retailer, Bristol. BANKRUPTCIES ANNULLED. Gazette, March 27. Pet. TAYLOR, SAMUEL, parquet floor manufacturer, High-street, Ful ham. Jan. 16, 1874. Liquidations by Arrangement. FIRST MEETINGS. Gazette, March 27. ADAMS, WILLIAM SAMUEL, builder, Ore. Pet. March 16. April 4, at twelve, at the Havelock hotel, Hastings. Sol. Sheppard ASHMORE, ISAAC, coal dealer, Emscote. Pet. March 21. April 10, at twelve, at office of Sol. Sanderson, Warwick ATTWELL, WILLIAM, watchmaker, Brynmawr. Pet. March 24. April 14, at one, at office of Sols. Cox, Davies, and Browne, Brynmawr BARNETT, JOHN, master mariner, Southampton. Pet. March 21. April 14, at three, at office of Soi. Killby, Southampton BEBBINGTON, BAYLEY, builder, Weaverham. Pet. March 25. April 14, at eleven, at offices of Sols. Messrs. Cheshire, Northwich BROWN, JOHN, bootmaker, Birkenhead. Pet, March 24. April 10, at two, at offices of Sol. Smith, Liverpool BUSS, JOHN, draper, Horsham. Pet, March 23. April 8, at eleven, at Kimber and Lee's offices, 1 and 2, Great Winchester-stbldgs, Broad-st, London. Sol. Elworthy, Brewer-st, Woolwich, London CAPELL, HARRY, and CAPELL, JAMES JOHN, engineers, Wellingborough. Pet. March 21. April 9, at two, at the Hind hotel, Wellingborough CARTER, WILLIAM GEORGE, out of business, Taunton. Pet. March 23. April 10, at eleven, at Underhill's hotel, Exeter. Sols. Trenchard and Blake, Taunton CASSON, JOHN, grocer, Abergele. Pet. March 23. April 8, at two, at offices of Roose and Price, Liverpool. Sol. Withams, Rhyl COOPER, THOMAS, ironmonger, Tunbridge Wells. April 11, at eleven, at the Guildhall-tavern, London. Sols. Stone and Simpson, Tunbridge Wells CORRY, ROBERT, saddler, Cleckheaton. Pet. March 24. April 10, at two, at the George hotel, Cleckheaton. Sols. Carr, and Cadman, Cleckheaton CRUMPTON, CHARLES, Bimingham. Pet. March 23. April 9, at two, at office of Sol. Burton, Birmingham DAVIES, FANNY, victualler, Neyland. Pet. March 21. April 11, at five minutes past ten, at the Guildhall, Carmarthen. Sol. Parry, Pembroke-dock DAWSON, ROBERT, tobacconist, St. Helen's. Pet. March 23. April 9, at three, at office of Sol. Ritson, Liverpool DAX, EDWARD THOMAS, clerk in Her Majesty's Court of Exchequer of Plens, Charlwood-st, Pimlico. Pet. March 23. April 9, at three, at the Guildhall coffee-house, Gresham-st. Sweeting, Southampton-st, Holborn Sol. DIGBY, ERNEST, attorney, Harlesden-villas, Harlesden-green. Pet. March 12. April 4, at twelve, at office of Sol. Cattlin, Guildhall-yd DODD, JOHN, beer retailer, Manchester. Pet. March 24. Apr 1 15, at three, at the Falstaff hotel, Manchester. Sol. Whitlow, Manchester DUNSCOMB, WILLIAM, livery stable keeper, White Bear-yd, Lislest, Leicester-sq. Pet. March 17. April 6, at three, at offices of Sol. Lind, Beaufort-bldgs, Strand FARNHAM, CALEB BROWN, corn dealer, Roman-rd, Old Ford. Pet. March 26. April 11, at twelve, at the Guildhall tavern, Gresham-st. Sol. Long, Lansdown-ter, Grove-rd, Victoriapark FREETH, SAMUEL, grocer, West Smethwick. Pet. March 24. GILL, JOSHUA WILLIAM, grocer, Sandown. Pet. March 20. HALFORD, JOHN, corn merchant, Wisbench. Pet. March 23. HARGREAVES, JOHN, and HARGREAVES, JOSEPH, watch manufacturers, Liverpool. Pet. March 23. April 10, at three, at offices of Sol. Quinn, Liverpool HARRISON, GEORGE, Carver, Newcastle under Lyme. Pet. HICKS, HENRY, grocer, Gerrans. Pet. March 25. April 10, as half-past two, at office of Sol. Jenkins, Falmouth HINE, JOHN, publican, Ludlow. Pet. March 23. April 9, at halfpast three, at office of Sol. Marston, Ludlow HOWS, THOMAS BURDETT, Chiltern-row, Bromley, St. Leonard. Pet. March 20. April 8, at eleven, at office of Sol. Wingate, 25, Great James-st, Bedford-row IBBERSON, THOMAS, innkeeper, Rowley. Pet. March 24. April 10, at half-past two, at office of Sols. Messrs. Sykes, Hudders field JACKSON, JAMES, victualler, King's Head hotel, Epsom. Pet. March 21. April 15, at eleven, at the King's Head hotel, Epsom. Sols. Crawley and Crawford, Moorgate-st JERVIS, CHARLES, grocer, Stone. Pet. March 19. April 4, at quarter-past ten, at office of Sol. Sherratt, Kidsgrove JONES, JOHN, farmer, Tymunich. Pet. March 23. April 9, at eleven, at the King's Head hotel, Usk. Sol. Shepard, Trede gar JONES, JOHN PRICE, draper, Liverpool. Pet. March 24. April 9, at three, at offices of Roose and Price, accountants, Liverpool. Sols. Masters and Fletcher, Liverpool JONES, RICHARD HENRY, miller, Nant. Pet. March 19. April 8, at eleven, at office of Sols. Acton and Bury, Wrexham LANE, GEORGE HENRY, tailor, Salisbury. Pet. March 24. April 9, at eleven, at office of Sol. Hill, Salisbury LARQUET, ANTOINE, wine merchant, Arthur-st, Oxford-st. Pet. March 25. April 9, at three, at office of Sol. Parker, Pavement, Finsbury LEVENE, SOLOMON, wholesale clothier, Carter-st, Houndsditch. Pet. March 17. April 6, at two, at office of Sol. Barnett, New Broad-st LYONS, SARAH PAULINE, tobacconist, Panton-st, Leicester-sq. Pet. March 21. April 9, at ten, at offices of Sol. Haynes, Manchester-st, Manchester-sq MALCOLM, WILLIAM, draper, Huddersfield. Pet. March 21. April 8, at three, at the County Court, Huddersfield. Sol. Bottomley MANGER, DOROTHY, coach builder, Liverpool. Pet. March 25. April 10, at two, at offices of Sol. Harris, Liverpool MARSHALL, THOMAS, brewer, Newport. Pet March 23. April 13, at one, at office of Sols. Messrs. Lloyd, Newport MATHIESON, ALFRED JOHN, victualler, Gray's-inn-rd. Pet. March 25. April 10, at two, at office of Sol. Layton, Suffolk-la, Cannonstreet MERRY, WILLIAM LUCAS, merchant, Cannon-st, and Surbiton. Pet. March 25. April 13, at three, at office of Turquand, Youngs, and Co., accountants, Tokenhouse-yd. Sols. Bothamleys and Freeman, Queen-st MORLEY, JOHN, butter merchant, Manchester. Pet. March 23. April 10, at three, at office of Sols. Sutton and Elliott, Manches ter OSBORNE, JAMES GODOLPHIN, accountant, Budge-row, Cannonst. Pet. March 21, April 8, at eleven, at office of Sols. Sharp and Turner, Lombard-st OSBORNE, THOMAS HENRY and DAVIS, HENRY JOHN, grocers, Bristol. Pet, March 23. April 7, at two, at office of Collins, accountant, Bristol. Sol. Beckingham, Bristol OWEN, RICHARD, gentleman, Brynhyfryd. Pet. March 25. April 14, at one, at offices of Sols. Roberts and Thomas, Carnarvon PEARMAIN, THOMAS, linen draper, Redcar. Pet. March 23. April 14, at two, at offices of Ladbury, Collison, and Viney, accountants, Cheapside. Sol. Wood, St. Paul's Church-yd PEARSON, WILLIAM, butcher, Lymm. Pet. March 24. April 10, at eleven, at office of Sol. Bretherton, Warrington PUMFREY, ALFRED JOHN, ironmonger, Halsted. Pet. March 24. April 13, at half-past ten, at office of Sols. Evans. Laing, and Eagles, John-st, Bedford-row PENNYFATHER, CHARLES, grocer, Church-st, Woolwich. Pet. March 19. April 7, at eleven, at the Bridge House hotel, Borough High-st, London-bridge. Sol. Simpson, Borough Highst, London-bridge RALPH, ALLEN KEMP, Coachbuilder, Ipswich. Pet. March 23. SHAW, JOHN, bobbin manufacturer, Dewsbury. April 8, at two, at office of Sol. Fryer, Dewsbury SIMONS, HENRY LEVI, draper, Kidsgrove. Pet. March 21. April 7, at eleven, at the Clarence hotel, Manchester. Sol. Sherratt, Kidsgrove SIMPSON, GEORGE, public gardener, near Conway. Pet. March 20. April 11, at twelve, at office of Sol. Jones, Conway STEPHEN, JOHN ALEXANDER LEWIS, gentleman, Hyde-park hotel. Pet. March 21. April 16, at twelve, at the Green Dragon hotel, 8, Bishopsgate-st-within. Sols. Bellamy, Sharp, and Edgelow, Bishopsgate-st-within STEVENSON, JAMES, civil engineer, Clarence-rd, Bow. Pet. March 23. April 13, at twelve, at office of Sol. Moss, Gracechurch-st STREET, WILLIAM, currier, Birmingham. Pet. March 24. April 7, at twelve, at office of Sol. Fallows, Birmingham STUBINGTON, LAMBERT, farmer, Selsey. Pet. March 24. April 8, at three, at the Dolphin hotel, Chichester. Sols. Greene and Malin, Chichester UNSWORTH, PETER, jun., auctioneer, Warrington. Pet. March 24. April 10, at three, at office of Sol. Bretherton, Warrington WALTERS, THOMAS STEPHENS, lime merchant, Neath. Pet. March 24. April 16, at eleven, at office of Sol. Leyson, Neath WARD, SAMUEL, jeweller, Manchester. Pet. March 23. April 9, at three, at office of Sols. Sale, Shipman, Seddon, and Sale, Manchester WATERFIELD, GEORGE, upholsterer, Peterborough. Pet. March 20. April 8, at eleven, at the Bull hotel, Peterborough. Sol. Smedley, Peterborough WHITEHEAD, JOHN, commission agent, Bristol. Pet. March 23. April 15, at cleven, at office of W. Weeks, 6, Bristol-bridge, Bristol WHITTINGTON, THOMAS, farmer, Wootton Wawen. Pet. March 20. April 8, at twelve, at the Red Horse hotel, Stratford-onAvon. Sol. Hobbes, Stratford-on-Avon WILSON, JOHN, stationer, Newcastle. Pet. March 23. April 8, at two, at offices of Sols. Messrs. Joel, Newcastle WOOD, WILLIAM, broker, Bury. Pet. March 21. April 8, at three, WRIGHT, HENRY RICHARD, surgeon, Knaresborough. Pet. March 20. April 6, at twelve, at office of Sols. Messrs. Kirby, Knaresborough YAXLEY, ROBERT, smack owner, Great Yarmouth. Pet. March 24. April 20, at eleven, at office of Sol. Wiltshire, Great Yar mouth YEOMAN, JOSEPH, contractor, Park-rd, Dalson, and Bate's-bush, near Knightsford-bridge. Pet. March 24. April 9, at three, at the Guildhall tavern, Gresham-st. Sols. Ashurst, Morris, and Co., Old Jewry Gazette, March. 20. Pet. March 28. ADDELSEE, ALFRED, pianoforte tuner, Boston. Pet. March 28. April 13, at eleven, at office of Sol. York, Boston ALCOCK, LUCY, farmer, Temple Ginting. Pet. March 25. April 16, at eleven, at office of Sol. Marshall, Cheltenham ARDEN, WILLIAM, shopkeeper, Weaverham. April 14, at two, at offices of Sol. Cheshire, Northwich BOND, ROBERT, cab proprietor, Stanley-mews, Paddington-green, Paddington. Pet. March 23. April 9, at one, at the Doughty Hall, Bedford-row. Sol. Dennis, Gray's-inn-square BOTTOMLEY, SAMUEL, and BROADBENT, ALFRED, manufacturers, Leeds. Pet. March 23. April 9, at three, at offices of Sols. Barr, Nelson, and Barr, Leeds BOWEN, SAMUEL, builder, Malva-rd, Wandsworth. Pet. March 27. April 16, at two, at offices of Sol. Longcroft, Lincoln's-innfields BOWEN, THOMAS, grocer, Stockton-on-Tees. woollen Pet. March 17. April 8, at half-past eleven (and not half-past two, as erroneously printed in Gazette of 24th inst.), at Mrs. Barker's Temperance hotel, Middleborough. Sol. Bainbridge, Middlesborough BRADBERRY, THOMAS WILLIAM, grocer, St. Mark's-pl, Shacklewell; Stamford-st, Blackfriars; Leigh-st, Burton-cres: Esplanade, Ealing; Chichester-ter, Kilburn; and Forest-hill. Pet. March 27. April 21, at twelve, at the Guildhall coffee-house, Gresham-st. Sols. Treherne and Wolferstan, Ironmonger-la. Cheapside BRADFORD, EDWARD, merchant, Manchester. Pet. March 26. April 13, at three, at the Clarence hotel, Manchester. Sol. Crowther, Manchester BRADLEY, WILLIAM JAMES, grocer, Balsall Heath. Pet. March 28. April 14, at three, at office of Sol. Walford, Birmingham BROMWICH, WILLIAM EDMOND, architect, Birmingham. Pet. March 26. April 10, at one, at office of Sol. Beaton, Birmingham BODDY, GEORGE, joiner, Salford. Pet. March 27. April 10, at eleven, at office of Sol. Hankinson, Manchester CLAPHAM, GEORGE, baker, Southampton. Pet. March 25. April 10, at twelve, at office of Sol. Robins, Southampton CLAYTON, ENOCH, beer retailer, Hulme. Pet. March 26. April 16, at three, at office of Messrs. Horner, 1, Ridgfield, Manchester. Sol. Ambler, Manchester CHUDLEY, SAMUEL, licensed victualler, South Audley-st, Grosvenor-sq. Pet. March 26. April 23, at two, at office of Sol. Cooper, Portman-st, Portman-sq CORRI, HENRY, vocalist, Talbot-rd, Bayswater, and Glasgow. Pet. March 14. April 10, at two, at office of Sol. Lewis, Furnival'sinn COOK, THOMAS, music seller, Leighton Buzzard. Pet. March 25, April 25, at half past eleven, at 53, Cumming-st, Pentonville, Clerkenwell. Sol. Neve, Luton DOBRING, FREDERIC CROUTEL, wholesale grocer, Savage-gdns, Tower-Lill. Pet. March 26. April 13, at two, at the Guildhall coffee-house, Gresham-st. Sol. Layton, Suffolk-la, Cannon-st DEWHURST, WILLIAM, greengrocer, Bradford. Pet, March 26. April 19. at three, at offices of Sol. Atkinson, Bradford DUDDINGTON, TECMAS PRIDMORE, carpenter, Allcroft-rd, Haverstock-hil.. Pet. March 23. April 8, at twelve, at offices of Sol. Tonge, Great Portland-st DEAN, JOHN RICHARD, boot manufacturer, Strand, and Bucking ham-st, Strand. Pet. March 21. April 8, at two, at the Guildhallcoffee-house, Gresham-st. Sol. Pullen, Gresham-bdgs, Guildhall DUNCAN, CHARLES, oil merchant, Halifax. Pet. March 28. April 14, at three, at the White Lion hotel, Halifax. Sol. Boocock, Halifax dilo DUGGIN, EDWIN, grocer, Pontyminster, par. Risca. pet. March April 17, at one, at offices of Sols. Messrs. Lloyd, Newport EVANS, ISAAC, shoemaker, Llandilo. Pet. March 24. April 13, at twelve, at the Mackworth hotel, Swansea. Sol. Bishop, LlanFARRAR, JOHN, grocer, Halifax. Pet. March 27. April 13, at four, at the Savile Arms inn, Elland. Sol. Storey, Halifax FLYNN, THOMAS, egg merchant, Manchester. Pet. March 26. April 13, at three, at office of Sols. Addleshaw and Warburton, Manchester FOX, ROBERT, commercial traveller, Deptford, and Lawrence-la. Pet. March 23. April 14, at three, at office of Sol. Lindus, Cheapside GIBSON, PEMBROKE, coal agent, Liverpool. Pet. March 27. Pet. March 28. GEORGE HINE, GEORGE, farmer, Epping. Pet. March 20. April 13, sttwc, at the Guildhall coffee-house, Gresham-st. Sol. Shearman Pet. HARVEY, WILLIAM DREW, schoolmaster, Richmond. HILL, WILLIAM, dealer in toys, Bristol. Pet. March 25. April 18, KNIGHT, ADAM CAIRNS, salesman, Manchester. Pet. March 26. LOOSMORE, JOSEPH, builder, Swansea. Pet.' March 24. April 9, MILLS, HUGH, miller, Thorverton Mills. Pet. March 26. April 14, at eleven, at office of Harris and Co. public accountants, Exeter. Jeffery, Ottery St. Mary MILLER, ROBERT FREDERICK, carriage builder, King-st West, Hammersmith. Pet. March 27. April 10, at eleven, at the Guildhall coffee-house, Gresham-st. Sol. Marshal, King-st West, Hammersmith MORGAN, CHARLES, grocer, Ferdinand-st, Camden Town. Pet. March 16. April 8, at three, at offices of Sol. Lind, Beaufort bdgs, Strand NEWPORT, EDMUND, stock broker, Crown-ct, Threadneedle-st, and Belvedere. Pet. March 27. April 13, at two, at offices of Sols. Blachford and Riches, Great Swan-alley, Moorgate-st NUTT, JAMES, builder, Railway-arches, Goldhawk-rd, Shepherd's Bush. Pet. March 19. April 9, at three, at offices of Sol. Cooper, Charing-cross NICE, HENRY EDWARD, cheesemonger, Stratford. Pet. March 24. April 8, at eleven, at offices of Sol. Hope, Serle-st, Lincoln'sinn-fields PARSONS, EDWIN, grocer's assistant, Walworth-rd. Pet. March 26. April 20, at twelve, at offices of Sol, Moss, Gracechurch-st PEARMAN, CHARLES, grocer, Balsall Heuth. Pet. March 14. April 11, at twelve, at office of Sol. Cheston, Birmingham PENN, CHARLES, carver and gilder, Tunbridge Wells. Pet. March 27. April 11, at one, at the Guildhall tavern. Sols. Stone and Simpson, Tunbridge Wells PFEILSCHMIDT, CHARLES ADOLPH BENNO, commercial agent, Sheffield. Pet. March 27. April 11, at twelve, at office of Sol. Mellor, Sheffield POPE, ISAAC, jun., auctioneer, Gloucester. Pet. March 28. April PURCHES, GEORGE, baker, Bell-green, Lower Sydenham. Pet. ROBINSON, EDWARD, provision dealer, Chesterfield. Pet. March WILDE, SAMUEL ROBSON, Liverpool. Pet. March 27. April 1 at twelve, at offices of Sols. Fowler and Carruthers, Liverpool WHEATCROFT, JAMES, draper, Wolverhampton. Pet, March 23, April 13, at twelve, at offices of Sol. Stirk, Wolverhampton WOOLLETT, HENRY, ironmonger, Brighton. Pet. March 28. April 15, at twelve, at the Warehousemen's Association, Gutterla. Sol. Nye, Brighton Orders of Discharge. Gazette, March 24. BLACKBURN, THOMAS; SCHOFIELD, RICHARD HOLLAND; and SCHOFIELD, MATILDA, cotton brokers, Liverpool. Gazette, March 27. CHAPMAN, EDWARD, merchant, Finsbury-circus; also Adelaide Dibidends. BANKRUPTS' ESTATES. The Official Assignees, &c., are given, to whom apply for the Dividends. Clarke, F. J., timber merchant, first 51d. Paget, Basinghall-stUnwin, W, ironfounder, first 42-12d. Paget, Basinghall-st. Broadhead, W. H. joiner, first 2s. 6d. At offices of Lees and Graham, accountants, 6, St. George's-chambers, Albert-sq, Manchester. Trustee, J. J. Graham-Clint, H, ship chandler, second and final 10s. At Trustees, H. Bolland, 10, South John-st, Liverpool -Greenwood, W. cotton doubler, &c, first and final 4d. At Trustee, J. D. Taylor, Town-hall-bldgs, Halifax-Gribble, F. J, builder, second Is. At Trustee, R. E. James, 52, Moorgate-st.-Harrison, R. W, auctioneer, first 68, 8d. At solicitors, Patteson and Cobbold, 1, St. Bride-st, Ludgate Circus. Julian, R. farmer, third and final, 2s. 44d. At Trust. T. Chirg. win, 26, River-st, Truro.-Maunder, E. wood dealer, third and final, 10 d. At Trust. R. M. Riccard, Churchyard, South Molton. -Maurice, M. clerk in holy orders, 3s. At Trust. T. Chirgwin, 26, River-st, Truro.-Thompson, M. P. accountant, 2s., at offices of Hudson and Pybus, accountants, Mechanics'-institute, Stockton. Trusts. G. Hudson and W. Tyerman.-Wade, G. rag dealer, first, 18. 8d. At Trust, J. D. Good, Market-pl, Dewsbury.-Wright, W. builder, final, 94d. At Trust. W. B. Whall, 39, King-st, King's Lynn INSOLVENTS' ESTATES. Apply at the Provisional Assignee's Office, Portugal-street. Lincoln's-inn-fields, between the hours of eleven and two on Tuesdays only. Jobbins, W. tailor, first, 28. 2}d.-Parnell, M. L. fronmonger 3s. 6d. Williams, T. clerk, eighth 8d. BIRTHS, MARRIAGES, AND DEATHS BIRTH. GOULDSMITH.-On the 24th ult., at Clifton, the wife of S. Salter Gouldsmith, solicitor, of a son. MARRIAGE. GIBB-GOLDNEY.-On the 26th ult., at Christ Church, Lancastergate, William Henry Gibb, B.A., Cambridge (late of China), of the Inner Temple, Esq., barrister-at-law, to Anne, eldest daughter of the late Francis Bennett Goldney Esq., of 33, Leinstergardens, Hyde-park. DEATHS. BODKIN.-On the 2th ult., at his residence, West-hill, Highgate, aged 82 years, Sir William Henry Bodkin, late Assistant-Jduge. METCALFE. On the 26th inst., at Dover-street, Agnes Mary, aged 38 years, wife of William James Metcalfe, Esq., Q.C. ROBERTS, GEORGE, engineers, Leeds. Pet. March 27. April 13, PARTRIDGE AND COOPER at two, at office of Burrell and Pickard, accountants, Leeds. Sols. Simpson and Burrell Pet. ROXBY, HENRY EDMUND, cloth manufacturer, Leeds. ROGERS, ALFRED THOMAS, plumber, Sutton and Carshalton. Pet. March 23. April 16, at two, at office of Sol. Foster, Queenstreet-pl, Cannon-st STEPHEN, JOHN ALEXANDER LEWIS, gentleman, Hyde Park hotel. Pet. March 21. April 16, at three, at the Green Dragon hotel, Bishopsgate-st Within. Sol. Bellamy and Co., Bishops gate STEPHENS, JOSEPH, cloth manufacturer, Leeds. Pet: March 27. port THOMPSON, JOSEPH, carrier, Devonshire-rd, Forest-hill. Pet, March 21. April 10, at three, at offices of Sols. Scard and Son, Gracechurch-st TERRY, CHARLES, grocer, Sutton. Pet. March 25. April 9, at WHOLESALE & RETAIL STATIONERS, 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E.C. Carriage paid to the Country on Orders exceeding 208. DRAFT PAPER, 5s., 6s. 6d., 78. 6d., 7s. 9d., and 9s. 9d. per ream. BRIEF PAPER, 15s. 6d., 178. 6d., and 23s. 61. per ream. THE NEW" VELLUM WOVE CLUB-HOUSE” NOTE. 9s. 6d. per ream, "We should direct particular attention to their New Clubhouse Paper: in our opinion it is the very best paper we ever wrote upon."-London Mirror. INDENTURE SKINS, Printed and Machine-ruled, to hold twenty or thirty folios, 2s. 3d. per skin, 268. per dozen, 1258. per roll. SECONDS OF FOLLOWERS, Ruled, 18. 11d. each, 22s. per dozen, RECORDS OF MEMORIALS, 7d. each, 6s, 6d. per dozen. plever, at offices of Sols. Izard and Betts, Eastcheap. Sol. Lay, FUNERAL REFORM. Poultry TILLEY, THOMAS, of no occupation, Kingston-on-Thames. Pet. March 27. April 15, at three, at offices of Sol. Best, New Bridgest, Ludgate-hill TURNELL, JOHN FREDERICK, cabinet maker, Sheffield. Pet. Pet. Pet. March 25. April 9, at eleven, at offices of Sols. Hick and Jones, Leeds WALTERS, JOHN, out of business, Bedminster. Pet. March 26. April 11, at one, at the London hotel, Exeter. Sol. Clifton WATTS, GEORGE WILLIAM, wine merchant, Bridgend. March 28. April 16, at eleven, at office of Sol. Dix, Bristol WILSON, THOMAS LAMB, string manufacturer, Carter-la, Ludgatehill; Wallis-rd and White Post-la, Hackney Wick; and Laurel Lodge, Shacklewell-green, Kingsland. Pet. March 6, April 11, at one, at offices of Sols. Blake and Snow, College-hill, Cannon-st WILKIN, ATKINSON, gentleman, High-st, Clapham. Pet. March 23. April 9, at three, at offices of Sol. Godfrey, South-sq, Gray'sWIGHTMAN, JAMES, draper, Sheffield. Pet. March 21. April 13, at four, ut offices of Sols. Binney and Sons, Sheffield WHITE, JOHN JAMES, bookkeeper, Everton. Pet. March 25. April 13, at two, ut offices of Sol. Bellringer, Liverpool inn The exorbitant items of the undertaker's bill have long operated as an oppressive tax upon all classes of the community. With a view of applying a remedy to this serious evil the LONDON NECROPOLIS COMPANY, when opening their extensive cemetery at Woking, held themselves prepared to undertake the whole duties relating to interments at fixed and moderate scales of charge, from which survivors may choose according to their means and the requirements of the case. The Company also undertakes the conduct of Funerals to other cemeteries, and to all parts of the United Kingdom. A pamphlet containing full particulars may be obtained, or will be forwarded, upon application to the Chief Office, 2, Lancaster-place, Strand, W.C. HOLLO OLLOWAY'S PILLS.-Important for the Delicate.-It is difficult to determine which is the more trying to the human constitution-the damp, cold days of autumn and winter, or the keen, dry, easterly winds of pring. Throughout the seasons good health may be maintained by occasional doses of Holloway's Pills, which purify the blood and act as wholesome stimulants to the skin, stomach, liver, bowels, and kidneys. This celebrated medicine needs but a fair trial to convince the ailing and despondent that it will restore and cheer them without danger, pain, or inconvenience. No family should be without a supply of Holloway's Pills and Ointment, as by a timely recourse to them the first erring function may be reclaimed, suffering may be spared, and life saved. False representation by agent of company-Personal liability of directors... 177 MACKAY . THE COMMERCIAL BANK OF NEW BRUNSWICKLiability of a corporation for the fraud of their agent-Authority of the manager of a bank COURT OF APPEAL IN CHANCERY. Partnership Contract for works - THE REPUBLIC OF PERU . RUZO- MILES v. HARRISON LEADING ARTICLES, &c. ...... 409 417 TO READERS AND CORRESPONDENTS LEADING ARTICLES Topics of the Week.. Our Jury System 409 410 180 Topics of the Week.. Judicature Commissioners-Third Report 186 190 Will-Construction-Bequest of residue V.C. BACON'S COURT. Practice-Production of documents- COURT OF QUEEN'S BENCH. EMANUEL (judgment creditor) v. BRIDGER (Judgment debtor); ROBERTS (garnishee) Garnishee order Bankruptcy- Creditor holding security-Bankruptcy Act 1869 (32 & 33 Vict. c. 71), ss. 12 & 16 ...... 194 COURT OF EXCHEQUER. DICKESON v. HILLIARD AND ROBINSON . THE SAME HARE; Libel-Parliamentary election-Agents of the rival candidates-Correspondence between-Charge of bribery against individuals named in-Privl leged communication - Interest or duty-Time for petition-EvidenceMisdirection EUROPEAN ASSURANCE ARBITRATION. STEVENS'S CASE; NUTTALL'S CASE 420 420 420 422 423 Notes of New Decisions Tunbridge County Court. LEGAL NEWS......... CORRESPONDENCE OF THE PROFESSION... 424 LAW SOCIETIES Union Society of London 424 Birmingham Law Students' Society......... 424 425 Law Association 195 Company-Amalgamation of companies -Novation-Consideration for the novation of a policy of assurance.... THE GAZETTES....... 426 426 NOTICE. THE present Editor of the LAW TIMES is desired to state that the learned gentleman who was for many years the editor of this journal entirely ceased to control its management on accepting judicial office. He then retired from the editorship, and has since been and is in no way cognisant of the contributions which are made to these columns. The Law and the Lawyers. In the Court of Common Pleas in Philadelphia a case has arisen involving the question of an attorney's power to bind his client by an agreement for the sale of land. It seems that the authority of an attorney-at-law in Pennsylvania is more extensive than in most countries, on the ground that he acts in some degree as the agent as well as the lawyer of the client. This enlargement of power is VOL. LVI.-Io. 1619. founded on custom; it extends beyond the obtaining of judgment in an ordinary suit, and enables the attorney to control an execution, so that he may not only give time to a defendant, but he may give binding directions to the sheriff. In Wilson v. Young (9 Barr, 101) it was held that an attorney-at-law may refer his client's cause to arbitrators, with an agreement that the award shall be final. Judge ROGERS remarks that it would be difficult to point out anything in the conduct of a suit to judgment which he may not do. The limitations imposed on him relate generally to compromises which substitute one thing for another, as real estate for money, or to transactions after judgment. But it is decided that an attorney may not bind his client by an agreement by which land is taken instead of money-much less can he bind his client by an agreement for the sale of land; it requires a special delegation of authority in writing to enable him to do this. THIS journal having been served with legal process at the suit of Dr. KENEALY, in respect of an article which appeared in our columns on the 7th March last, we might well desire to avoid reference to him in connection with the late trial, but the proceedings of the Oxford Circuit mess cannot be passed by without comment. Before we were aware of Dr. KENEALY'S hostile intentions towards ourselves, we expressed the opinion that the Profession should leave the settlement of all questions raised to the decision of the benchers of Gray's-inn. We still think this was the proper course, and undoubtedly the action of the circuit mess would appear to depart from it. Those, however, who have condemned the resolution of the circuit Bar as premature and unfair, can hardly have put to themselves the question-was there any alternative? What the members of a circuit under such circumstances have to decide is, whether they wish to continue to dine and to associate in all the familiarity of social intercourse with a particular individual. The cause of objection to this individual may vary in its nature. If it is in any way doubtful or obscure there should be an investigation; if palpable and beyond controversy, an investigation is idle, and gentlemen constituting what is in effect a club can at once determine that they will no longer tolerate the company of an objectionable member and expel him. The large majority of the Oxford Circuit Mess viewed Dr. KENEALY'S case as in the latter category, and if we were to investigate the grounds of the conclusion we should find probably that they were mainly composed of what the learned gentleman himself calls We make these observations in order to explain generals." what might not unnaturally be regarded as the tyranny of a Bar mess. Exclusion from that mess has nothing more than a moral effect upon the excluded member, and at least one very successful Queen's Counsel at present travels circuit with great profit to himself although he has for years ceased to be a member of the mess. Had Dr. KENEALY been a less prominent personage nothing would have been heard of his exclusion, which is a purely personal matter between himself and his professional brethren. It is very much to be regretted that the operation of rules to which every man submits who enters the Profession and joins a circuit should be publicly canvassed in individual cases. Rules will exist in every society, and whether a man is universally "cut" or excluded from social intercourse by resolution is really of small consequence. 66 on. WE recently adverted to the extreme difficulty of any new licensing legislation arising from the existing complexities, and the nume rous amendments called for by contendiug parties. We observe that last week two deputations on the same day presented themselves at the Home Office, one from the Grocers' Association, the other from the Church of England Temperance Society. The first tendered a set of proposed alterations, arranged in eleven paragraphs, some with and some without arguments to defend them. The second deputation, amongst whom were Lord SHAFTESBURY and Mr. RUSSELL GURNEY, presented statistics of undeniable interest. Circulars had been sent round to the superintendents of police and parochial clergy throughout the country. 118 chief police constables and 746 clergymen were in favour of the Act; 115 clergymen had suggested amendments for Sunday closing, and so So far so good. It is useful to know the opinions of chief constables and clergymen; they are in a manner semi-official, and we should imagine that the Home Office, before attempting fresh legislation upon a large scale, will come forward with something of the sort in the shape of a "parliamentary paper." But we read on with dismay, as we find an attack upon the facilities given to grocers. "The society," it is said, "felt that these grocers' shops ought not to be turned into licensed houses for drinking spirituous liquors." This is incorrect in point of law, for the grocers' licence extends to a sale for drinking off the premises only: (See 23 Vict. c. 27, ss. 1, 3; 24 & 25 Vict. c. 21, s. 2; Licensing Act 1872, ss. 68,74). The demands of the society, taken together with the demands of the publicans for increased restrictions upon grocers, seem to threaten an unnatural combination, whether intended at present or not we cannot say, between the publicans and the teetotallers against. the grocers, and we imagine that the interest of the public, ever too little considered in licensing squabbles, lies with the grocers. It may be useful to recall a little bit of history in illustra tion of our meaning. Many years ago spirits might not be sold by retail at all, except by publicans. The extreme inconvenience of this gave rise to a Bill enabling wholesale spirit dealers to sell spirits by retail. The publicans of that day put forward their strength, and the result was that the extension in favour of sale by retail was limited to liqueurs, by an Act called the Maraschino Act (11 & 12 Vict. c. 121, see s. 9), and it was not till thirteen years afterwards that spirit dealers were enabled to sell spirits by retail (see 24 & 25 Vict. c. 21, s. 2). As for the present claims of the grocers, we leave them to the "serious consideration" of Mr. CROSS, who is at present engaged in the pleasant task of seeking how he may "do that which will be right to all parties." But we do hope that on the point we have just alluded to he will content himself with studying the statistics of the teetotallers, and will leave their inferences from them alone. 66 A CURIOUS case has been decided in the United States, as to the amount of prejudice which will disqualify a jurror on a criminal trial. This is a matter which is daily becoming more important, as public opinion is subjected to a greater variety of influences arising from the increase of periodical literature and freedom of communication. In the extremely interesting judgment in the case to which we refer, delivered by Chief Justice AGNEW, the opinions of the American jurists are reviewed. 'At the present day," said the Chief Justice, "when newspapers, railroads and telegraphs have made intercommunication easy, and where reporters are alive to every occurrence, and the daily press eager to serve up the details of crime, the difficulty of obtaining jurors free from these wide spread influences, has made courts less ready to listen to this cause of challenge. In the contrariety of opinions prevailing, it is needless to look abroad for precedents, but rather to be guided by the reasons lying at the bottom of the right of challenge. The great purpose of this right is to secure a fair and impartial trial." Chief Justice MARSHALL said, in the trial of AARON BURR for treason, that the court has considered those who have deliberately formed and delivered an opinion on the guilt of the prisoner, as not being in a frame of mind to weigh the testimony, and therefore as being disqualified to sit as jurors in the case: (1 Burr's Trial, 367). Chief Justice TANEY laid down the following test, says Mr. WHARTON in his Crim. Law, $2981: If the juror has formed an opinion that the prisoners are guilty and entertains that opinion now, without waiting to hear the testimony, then he is incompetent. But if from reading newspapers or hearing reports, he has impressions on his mind unfavourable to the prisoners, but has no opinion or prejudice which will prevent him from doing impartial justice when he hears the testimony then he is competent.' Having examined these authorities the Chief Justice proceeds to consider what amount of preconceived opinion will render a juror incompetent. "Wherever," he says, the opinion of the juror has been formed upon the evidence given in the trial at a former time, or has been so deliberately entertained that it has become a fixed belief of the prisoner's guilt, it would be wrong to receive him. In such a case the bias must be too strong to be easily shaken off, and the prisoner ought not to be subjected to the chance of conviction it necessarily begets." This offers a field of challenge of great importance, and upon this ground the American court held that a challenge should have been allowed. It probably never occurred to the TICHBORNE defendant to inquire whether any of the jurors on his trial were unconquerably or seriously prejudiced by the evidence which had been given on the previous trial; but it is clear that the question may very easily arise in this country. 66 999 THE case of Caballero v. Hentz, which came up on appeal on the 11th March, from the MASTER of the ROLLS, before the LORDS JUSTICES, seems to establish a new principle in relation to the rights of that well protected person, the bonâ fide purchaser without notice. A brewer sent his agent to bid for property, described as in the possession of certain tenants, and producing £30 a year. At the sale, however, it appears that these tenants were under-tenants of a lessee of the vendor, who held the whole property for a lease, of which nine years were unexpired, at a rent of £20. The lease was read at the sale, but it was not referred to in the abstract sent to the purchaser. A bill was filed for specific performance, but it was held by the MASTER of the ROLLS, and his decision was affirmed, that the purchaser was not bound by the unauthorised act of his agent, and that he had not received constructive notice of the lease. The two cases most relied on by the plaintiff's counsel were those of Daniels v. Davidson (16 Vesey, 249) and James v. Litchfield (L. Rep. 9 Eq. 51; 21 L. T. Rep. N. S. 526); the former of which may be looked upon as much shaken in authority, and the latter overruled. The point decided in Daniels v. Davidson was, that the possession of a tenant is notice to a purchaser of the tenant's interest, created by an agreement to purchase from his landlord; and it was intimated in the judgment of Lord ELDON that generally notice of occupation was notice of the terms of occupation. And the case of James v. Litchfield lays down that rule to its full extent. It is true that in the present case complications existed which were absent from the earlier ones. The question of principal and agent was involved, and the statement in the particulars of sale that the property brought in a certain annual rental, whereas it produced, in fact, considerably less, had great influence upon the decision. But there are statements in the judgment of Lord Justice JAMES which go much further; so that, whereas under the older decision the usual rule was that notice of possession was notice of the terms under which the possession was held, the law may now be taken as settled, if the decision of the LORDS JUSTICES is maintained, that a purchaser may safely assume the tenancy of an occupant to be from year to year or at will, unless he is distinctly informed of the contrary. After stating his indisposition to follow the dicta in James v. Litchfield (ubi sup.), the LORD JUSTICE said: "If there is anything in the nature of the tenancies which affects the property sold, it is the vendor's duty to inform the purchaser of it, and he is not afterwards entitled to say, 'Oh, yes, but you ought to have gone and inquired." This decision seems to place the law upon a satis factory basis, and while justly relaxing the stringency of the rule of caveat emptor, to discourage the fraudulent concealment of facts material to the property on the part of vendors. OUR JURY SYSTEM. THE amendment of the law relating to juries is a subject which undoubtedly ought to receive the immediate attention of the Government, the more so because the Judicature Commissioners have reported against the establishment of tribunals of commerce. There are only a few cardinal principles which have to be observed in framing the necessary measure, but we do not consider that a private member should be allowed the conduct of a Bill having so important an object as the remodelling of our jury system. These principles may be briefly stated. Liability to service should be carefully distributed, so that every person not exempted by statute should do duty in turn. There should be no distinction between special and common juries, jurymen all being educated up to a certain standard, and paid equally for their services. The verdict of a majority should be binding on the parties, and the illness or death of one or more of any jurymen should not affect the issue so long as the statutory majority remained. These are, in our view, the leading principles which must ultimately be adopted; but we must observe that there is considerable difference of opinion upon the question whether anything short of an unanimous verdict of twelve men should be accepted. Different views may be taken with respect to civil and criminal trials. In civil cases we think it is beyond dispute that the verdict of a majority should be effectual; in criminal cases we are open to convic tion that unanimity should still be insisted on. In the Orton trial the Lord Chief Justice told the jury that the great object of trial by jury was to obtain unanimity, and that each juryman was bound to use his utmost efforts, by argument and discussion with his fellows, to arrive at what was considered by all to be a right conclusion, treating his own opinions with diffidence and humility. Sir Alexander Cockburn was presiding at a great criminal trial, and his observations on the duties of jurymen were necessary and pertinent to the subject matter to be disposed of; but they do not apply with equal force to the trial of civil causes in which seven out of twelve men would in the great majority of cases almost certainly be in the right. Indeed our experience is that where juries disagree one or two jurymen are palpably obstinate, and having watched deliberations in the box we have seen more than once a single man besieged by his fellows, and at length induced to give way, although to all appearances unconvinced. It clearly ought not to be possible that in a civil cause a single obstinate or prejudiced juryman should be able to render perhaps a very expensive trial wholly abortive. We are happy to see that Mr. Joseph Brown, Q.C., one of our most energetic and enlightened law reformers, has considered the question of amending our jury system from the standpoint of the Örton imposture. He takes objection to the number twelve. "If the jury are really to form any opinion of their own," he says, "and not to throw all the business of deliberation on the Judge, twelve are too many to do it properly." How is it possible, he asks, for twelve men sitting in two rows in a couple of pews, and quite new to their work, to consult each other fully or freely as to the details of any long cause? . . . If they differ, and the evidence has to be reviewed by them to bring them to one mind, is this likely to be done better by five or twelve? And Mr. Brown boldly advocates the reduction of the number of jurymen to five. He, indeed, goes yet further, and evidently considers that in many cases trial by jury might be advantageously dispensed with. "It seems, he remarks," as if the people of this country had been persuaded by the eloquent declamations of such men as Erskine and Brougham, who lived in times when the liberty of the press and of the subject found its best safeguard in a jury, that, therefore, we cannot have too much of it, and that because trial by jury is an excellent privilege when a man is indicted for a political offence, it is equally good when he has to try the validity of a patent or the title to an estate. But it is as great a piece of quackery to say that trial by jury is good for all causes, as to say that Morrison's pills cure all diseases. A knife is the best thing to cut bread, but would be very awkward to shave with. Would |