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LEGAL EXTRACTS.

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THE MORAL SANCTION IN LAW. IN his preface to the third edition of his valuable work on International Law, Mr. Wheaton, speaking of the rules embodied in the Law of Nations, says: "The duties which are imposed by these rules are enforced by moral sanctions And Prof. Woolsey, in a recent able article in the January number of the International Review, referring to tribunals of international arbitration, says: A moral sanction is not enough when such tribunals have announced a decree which is displeasing either to one or to both of the contesting parties.' In the domain of international law the "moral sanction" is constantly referred to, and particularly so at the present, when the subject of international codification and arbitration is receiving

unwonted attention and discussion. The term

"moral sanction," when applied to law, usually

has reference to the administration and enforcement of law. It has two significations, the absolute and contingent, the first being applied to rules of imperfect obligation, and the second to rules of perfect obligation. Where a rule of law can be applied or enforced only by moral force, and not by physical force, we have a case of imperfect obligation-a case for the proper application of the absolute moral sanction. It has now come to be understood that all the rules which govern the intercourse of nations are not susceptible of enforcement by physical force, there being no tribunal or power above the nations to apply and enforce those rules. The political independence of nations is such that they consider themselves physically free, and only morally bound in respect to any international rule or decision. The law of nations, as it now exists, and as it will be when codified, must always be applied and enforced with the consent of the national parties, and by the great moral force of international opinion. Whether this moral force will be, at any near period, sufficiently strong and invariable to secure an international agreement to a code and tribunal of arbitration, and a uniform obedience to that code and to the decisions of the tribunal of arbitration, 'it is not our design to discuss at present.

But there is another view of the moral sanction in law which is apparent of itself, but which, on account of its frequent appearance, remains unnoticed. A little reflection will show that the entire system of jurisprudence, under which civilized nations live, is largely supported by this same moral sanction, both in its absolute and in its contingent sense. It is seldom considered that even the rules of municipal law, which are said to be of perfect obligation, have, in their administration and enforcement, much of the absolute moral element. For instance, in the application of a plain principle in the law of contracts, the judicial mind is actuated by a moral impulse, or force, to determine and apply the principle correctly.

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If a judge refuses or neglects to apply a prin. ciple or rule of law as he deems correctly, there is no physical force that can compel him to do so. It is the moral sanction that forces the judge to declare and apply the law in accordance with reason and precedent. Again, it is the moral sanction which disposes the judge toward follow. ing and adopting those precedent decisions which he finds to be in accordance with reason and usage. The "authority" of the reports, elementary works and decisions, is only a moral sanction; and it is only this kind and quality of authority-this and nothing more-which has built up jural systems everywhere, and rendered law at all symmetrical. Thus, the authority' of the decisions of the Supreme Court of the United States is a moral one as to the State courts; and the "authority" of the English decisions on matters of common law interpretation is by no means physical or perfect, but simply moral, as to the courts in this country. Physically speaking, every judge is independent of every other judge's decision, of every rule of interpretation, of every body of laws. It is only in the allegiance which the judge owes to conscience, in the tendency to obey reason and justice, in the influence of a sound and honourable public opinion that the security of society, in respect to the proper interpretation and application of laws, is found.

And the existence of the contingent moral element in the enforcement of law, whether adjudged or unadjudged, is patent. In proof of this, witness how seldom physical force is used in the enforcement of laws in civilised countries. The moral sanction plays the largest part, by far, in securing obedience to law on the part of the people. And this, not only in the department of police regulation, but in the department of adjudicative law. The majority of mankind fulfil their contracts, not because they are compelled to by the executive force of the law, but because of their willingness to obey the law, and their fear (which 6 in itself a moral force) of the consequences of

disobedience or failure. In the execution of the processes of courts, the subpoena, the summons, the injunction, the execution, and even the order of arrest, how little of pure physical force is required, and how much the moral sanction effectuates the desired results! Again, it is apparent how dependent the people are upon the influence of the moral sanction on the executive officers. Should these officers fail to do their duty properly, what physical force could be brought to bear to compel a proper performance ? Removal from office, impeachment and disqualification might follow, but that would not execute the decree for the omission to execute which the officer is im. peached, removed, or disqualified. Suppose the chief executive officer, a governor, or the president, should refuse to use the military power, in a case of disobedience to law, or should assist, by mili. tary force, an insurrection, or a party disobeying a legal process, what physical force would avail in that particular instance?

Indeed, the moral sanction in law is so common, universal and essential, that we fail to appreciate its importance, and are apt to think that the enormous results of judicial decisions, and executive orders, and legislative ordinances are brought about by physical force, whereas the fact is that not a tithe of the influence of the law consists in this kind of force. The moral sanction in law is a notable and magnificent instance of the production of great social, commercial and political results, with only a minimum of physical force.

LAW SOCIETIES.

THE UNION SOCIETY OF LONDON. AT a meeting of the Union Society of London, at 1, Adam-street, Adelphi, held on Tuesday evening the 14th inst., the following subject was, on the motion of Mr. C. Ford, submitted to discussion, and carried: "That in the opinion of this House the present consolidated regulations of the four Inns of Court as affecting solicitors desirous of becoming barristers-at-law require modification, and that greater facilities should be afforded to barristers-at-law desirous of becoming solicitors."

HUDDERSFIELD LAW STUDENTS'
DEBATING SOCIETY.

AT a meeting of this society held at the County Court, on Monday evening last, presided over by Mr. M. J. Burn, the subject under discussion was "Has a pecuniary legatee a right to call upon a residuary devisee to contribute to the payment of debts? (Hensman v. Fryer, 37 L. J. 97, Ch.; Dugdale v. Dugdale, 41 L. J. 565, Ch.; and cases therein cited.)" Messrs. G. F. Johnson and B. Crook, supported the affirmative, and Messrs. J. Yeoman, and A. H. J. Fletcher, the negative side of the question, which was ultimately decided in favour of the negative by a considerable majority.

LAW STUDENTS' DEBATING SOCIETY. THE Society met on Tuesday evening last at the Law Institution, Mr. Nicholls in the chair. The following question was discussed, being No. 537 legal:-Was the case of Stuart v. Cockerell (L. Rep. 8 Eq. 607) rightly decided, and carried in the affirmative. Mr. G. S. Gibb was elected a member of the committee.

ARTICLED CLERKS' SOCIETY.

A MEETING of this society was held at Clement'sinn Hall, on Wednesday, the 15th April, Mr. F. J. Baker in the chair. Mr. Wingfield opened the subject for the evening's debate, viz.: That the unlimited power of disposing of property by will ought to be limited in favour of persons having a moral claim upon the testator." The motion was lost by a majority of four.

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.

F. C. SANDES, ESQ. THE late Falkiner Chute Sandes, Esq., solicitor, who died on the 8th inst., in London, was the youngest son of the late Thomas William Sandes, Esq., of Sallow Glen, in the county of Kerry, by Margaret, daughter of Francis Chute, Esq., of Chute Hall, county Kerry. He was born about the year 1815, and was educated at Trinity College, Dublin, where he graduated B.A. in 1837, and proceeded to take his M.A. degree in duecourse in 1865. Mr. Sandes acted for many years as the solicitor of the government of India on their Bengal estab. lishment; and at the time of his decease was a

magistrate for the county of Kerry. He married, in 1860, Amelia, third daughter of the late Sir John Lister Kaye, Bart., of Derby Grange, Yorkshire, but became a widower in the following year.

W. T. THORNTON, ESQ.

THE late William Thomas Thornton, Esq., formerly Receiver-General of Inland Revenue, Somerset House, who died in London on the 10th ult., in the seventy-fifth year of his age, was the youngest son of the late Edmund Thornton, Esq., of Skerton, Caton, and Whittington, in the county of Lancaster, by Jane, daughter of the Ven. Thomas Butler, rector of Bentham and Whittington, Lancashire, archdeacon in the diocese of Chester, and domestic chaplain to the Duke of Devonshire. He was born at Whittington Hall, in the year 1799, and was educated at Rugby. He was appointed in 1846 Receiver-General of Inland Revenue at Somerset House, but resigned that office in 1851, having previously been the head of the Security Department of the Excise Office in London from the year 1824 Mr. Thornton married in 1824, Hannah Isabella Cornelia, eldest daughter of Colonel John Cornelius CraigieHalkett, of Lahill and Dumbarnie, in the county of Fife, by whom he has left a son, Major Charles Edmund Thornton, of Kirkland Hall and Beaumont Cote, in the county of Lancaster, and formerly of the Royal Fusiliers. The remains of the deceased gentleman were interred at All Souls' cemetery, Kensal Green.

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To surrender at the Bankrupts' Court, Basinghall-street.
Gazette, April 10.

MACNAMARA, H. shipping agent, Pudding-la. Pet. April 2. Reg.
Pepys. Sols. Lawrulce, Piews, und Co., Old Jewry-chmbs. Sur
April 21
WATT, GEORGE, and BARNETT, JOSEPH JAMES, woollen mer-
chants, Ironmonger-la. Pet. April 8. Reg. Murray. Sols. Lea-
royd and Co. South-st, Finsbury. Sur. April 21
To surrender in the Country.

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BASELOW, HANS HEINRICH JACOB and GOULTER, ALBERT, ship chandlers, Cardiff. Pet. April 8. Reg. Langley. Sur. April 27 BROCKBANK, JOHN, gentleman, Cambridge. Pet. April 9. Reg. Eaden. Sur. May 7

BURROUGHS, JAMES, publican, Liverpool. Pet. April 10. Reg. Watson. Sur. April 27

CARR, CORNELIUS VINCENT, confectioner, Reading. Pet. April 11. Reg. Collins. Sur. May 2

HELLIWELL, GEORGE, scythe manufacturer, Hackenthorpe. Pet. blaren 25. Reg. wake. Sur. April 24

HUME, ROBERT, miller, Cuddington. Pet. March 12. Reg. Speak man. Sur. April 28

MEES, THOMAS, miller, Mells. Pet. April 10. Reg. Messiter. Sur. April 25

THORNTON, JOSEPH, grocer, Idle, par. Calverley. Pet. April 10. Keg. Robinson. Sur. April 28

WOOLLETT, HENRY, ironmonger, Brighton. Pet. April 2. Reg. Evershed. Sur. April 30

BANKRUPTCIES ANNULLED.

Gazette, April 10.

GARSTIN, CHRISTOPHILUS, no occupation, Regent-st. Feb. 14,

1872

Liquidations by Arrangement.

FIRST MEETINGS.

Gazette, April 10.

BELL, JANE, Hull. Pet. April 2. April 20, at one, at office of Sol. Summers, Hull

BENNETT, JOSEPH, poulterer, Old Baliey. Pet. April 1. April 22, at three, at office of Sol. Howell, Cheapside BICKNELL, HENRY, carpenter, Bristol. Pet. April 8. April 18, at eleven, at office of Sol. Essery, Bristol

BOTEVYLE, JOHN WILLIAM CHINNERY, hair dresser, Lupus-st, Pimlico, and Winchester-ter, Causton-st. Pet. April 8. April 24, at two, ut offices of Browne, Stanley, and Co., 25, Old Jewry. Sol. Neave, London-wall

BRADSHAW, DAVID, drysalter, Manchester. Pet. April 8. April 29, at eleven, at office of Sols. Boote and Edgar, Manchester CROSS, WILLIAM SILAS, miller, Warminster. Pet. April 8. April 24, at one, at office of Sols. Chapman and Ponting, Warminster DA COSTA, FRANCIS ALBERT, gentleman, Albert-road, St. John's Wood. Pet. April 7. April 22, at half-past three, at offices of Sols. Renshaw and Rolph, Cannon-street,

DE MARIA, GUISEPPE, italian warehouseman, Brewer-street,
Regent-street. Pet. March 23. April 15, at four, at the London
Warehouseman's Association, 33, Gutter-lane, Cheapside. Sols.
J. Wood and Co.. Bucklesbury.
DORE, JONATHAN, boot maker, Camden-passage, Islington, and
Clephane-road, Canonbury. Pet. March 27. April 17, at three,
at 20, Colebrooke-row, Islington. Sol. J. B. Fenton, Colebrooke-
row, Islington.

DOREY, FRANCIS, builder, Victoria-cottages, Nightingale-road.
Pet. March 31. April 20, at three, at office of Sol. D. Howell,
Cheapside.

DOWLER, JOHN ARMSTRONG, tallow chandler, Liverpool. Pet. April 8. April 23, at two, at office of Sol. E. Hughes, Liverpool.

FORTY, JOHN, labourer, Swindon. Pet. April 8. April 25, at GALLOWAY, JAMES JOHN, baker, Liverpool-road, Clerkenwell. Pet. April 2. April 27, at three, at office of Sol. W. Heathfield, 44, Lincoln's-Inn-fields.

three, at office of Sol. R. S. Foreman, Swindon.

GODDARD, WILLIAM HENRY, cabinet maker, Slough. Pet. April 8. April 24, at eleven, at office of Sols. Barrett and Dean, Slough.

GODDIN, DAVID CUMBERLAND, victualler, of the Fox and Hounds, South-street, Romford. Pet. April 8. May 4, at two. at offices of H. T. Thwaites, accountant, 42, Basinghall-street. Sol. J. Fulcher, Basinghall-street.

HAMMOND, EDMUND, builder, Cuningham-pl, St. John's-wood" rd. Pet. April 1. April 17, at three, at the Mason's Hall tavern, Mason's-avenue, Colemanst. Sol. T. Noton, 12, Great Swanalley, Moorgate-st

HAMPSON, RICHARD, out of business, Northgate, in Horbury. Pet. April 8. May 1, at eleven, at office of Sol. Stringer, Osset HANDLEY, ROBERT, huckster and potato dealer, Kingsley. Pet. April 8. April 23, at two, at office of Sol. Linaker, Runcorn HARRIS, MARIA ANN, innholder, Downham Market. Pet. April 8. April 25, at twelve, at the Castle hotel, Downham Market. Sol. Mason, Wereham, Brandon

HODKINSON, JOHN, provision dealer, Macclesfield. Pet. April 7. April 29, at three, at the Mitre hotel, Manchester. Sols. Higginbotham and Barclay, Macclesfield JACKMAN, JAMES TYNDALE, architect and surveyor, Nantley House, Bulstrode, Hounslow. Pet. March 28. April 21, at two, at the Northumberland Arms hotel, Isleworth. Sol. Gowing, 11, Coleman-st

JACKSON, THOMAS, grocer, Lillington-st. Pet. April 8. April 22, at three, at office of Sol. Salaman, 12, King-st, Cheapside JOHNSON, FREDERICK and HATCHMAN, WILLIAM, warehousemen, Wood-st. Pet. April 2. April 22, at eleven, at office of G. W. Challis and Co., accountants, 12, Clement's-lane. Sol. Engel, 50, Great Marlborough-st

KEEBLE, WILLIAM, linen draper, Princes-rd, Notting-hill. Pet. March 26. April 15, at eleven, at office of Hunter, 47, Londonwall. Sol. Ede, 44, Ludgate-hill.

KEEN, FREDERICK, dairyman and cowkeeper, Walmer-rd, Notting-hill. Pet. Feb. 23. April 20, at two, at office of Sol. Cotton, Coleman-st

LEDGER, WILLIAM, joiner,' builder, and undertaker, Doncaster. Pet. March 28. April 21, at eleven, at the office of Sol. Peagam, Doncaster

MARSHALL, JOSEPH, Churt, in Frensham. Pet. April 4. April 25, at one, at office of Stevens, Guildford MARTIN, FREDERICK, baker and confectioner, Chelmsford.

Pet.

April 8. April 28, at eleven, at office of Sol. Blyth, Chelmsford. MEADE, HENRY DIXON, money scrivener, commission and insurance agent, Pall-mall, Manchester. Pet. April 8. April 23, at four, at office of Sols. Best, Manchester MYERSCOUGH, JOSEPH, provision dealer and beer retailer, Hulme. Pet. April 8. April 24, at three, at offices of Sols. Edwards and Bintliff, Manchester

NEWTON, JOSEPH, saddler, Wigton. Pet. April 7. April 24, at eleven, at office of Sols. Hodgson and McKeever, Wigton PEASGOOD, ROBERT ALCOCK, upholsterer, Ryde. Pet. April 7. April 23, at two, at office of Edmonds, Davis, and Co., 46, St. James-st, Portsca. Sols. Fardell and Wooldridge, Ryde ROBINSON, WILLIAM FREDERICK, lard refiner, Great Yarmouth. Pet. April 8. April 28, at eleven, at office of Sol. Wiltshire, Great Yarmouth

SENIOR, FRANK, grocer, Conisbro'. Pet. April 8. April 24, at eleven, at office of Sol. Peagam, Doncaster

SIMPSON, JAMES, tailor, Angel-la, Stratford. Pet. March 30. April 16, at three, at office of Thwaites, accountant, Basinghallst. Sol. Fulcher, Basinghall-st

SMYTH, ISAAC JOHN, printer, Holborn-bldgs, Holborn, and St. John-st. Pet. April 8. April 24, at four, at Anderton's hotel, Fleet-st. Sol. Price, Serjeant's-inn, Fleet-st SPENCELEY, ANN, toy dealer, Hull. Pet. March 31. April 20, at three, at office of Sols. Messrs. Rollit, Hull STOPFORD, ARTHUR CHARLES, gentleman, Cornwall-rd, Bayswater. Pet. March 28. April 20, at eleven, at the London Warehousemen's Association, 33, Gutter-la. Sol. Downes, Cheap. gide

SUMMERS, JOHN HENRY, draper, Mare-st, Hackney. Pet. April 9. April 27, at three, at office of Sols. Messrs. Lumley, Old Jewry-chmbs

TAYLOR, JAMES, jun., joiner, Little Bolton. Pet. April 8. April 23, at eleven, at office of Sols. Messrs. Winder, Bolton TAYLOR, THOMAS, coal merchant, Ipswich, Pet. April 7. April 23, at ten, at office of Sols. Messrs. Jackaman, Ipswich TROKE, JOHN, fruiterer, Byron-hill-rd, Harrow. Pet. April 2. April 17, at twelve, at office of Sol. Roberts, Clement-s-inn, Strand

WALKER, ADLETT, grocer, Hensall, near Snaith. Pet. April 8. April 23, at twelve, at the Downe Arms, Snaith. Sol. Carter WHEEN, EDWIN, grocer, Mexborough. Pet. March 21. April 21, at half-past twelve, at office of Sols. Shirley and Atkinson, Don

caster

WILKINSON, FREDERICK, hotel proprietor, Scarborough. Pet. April 8. April 29, at three, at the Bull hotel, Westborough. Sol. Williamson, Scarborough

Gazette, April 14. BALCHIN, WALTER, grocer, Chelmsford. Pet. April 9. April 28, at two, at office of Bath and Co. accountants, King William-st, London. Sol. Elam, Walbrook BARBER, JOHN MAURICE, clerk, Swaffham. Pet. April 10. April 29, at three, at the George inn, Swaffham. BARNWELL, LOUIS EDWARD MASTERS, clerk in holy orders, Deeping St. Nicholas. Pet. April 10. April 28, at twelve, at office of Sols. Deacon and Wilkins, Peterborough BENNETT, SEPTIMUS, butcher, Fleetwood. Pet. April 9. May 4, at three, at the Black Bull inn, Poulton-le-Fylde. Sol. Blackhurst, Manchester

BERNARD, JULES, manufacturer, Manchester. Pet. April 8. April 24, at two, at office of Sol. Marlow, Manchester BEEVER, JOHN, grocer, Mossley. Pet. April 9. April 28, at three, at the Commercial inn, Manchester. Sol. Clayton, Ashtonunder-Lyne

BIRCH, JOSEPH, grocer, Wimblebury, near Hednesford. Pet. April 9. April 28, at two, at the Anglesey hotel, Hednesford. Sol. Morgan, Stafford

BOCK, THEODOR, and KEHRMANN, HENRY, colonial merchants, Mincing-la. Pet. April 10. April 30, at one, at offices of Sols. Fry and Hudson, Mark-la

BOUTLAND, WILLIAM EDWARD, ship builder, Bill Quay. Pet. April 11. April 27, at two, at offices of Sol. Joel, Newcastleupon-Tyne

BOW, JOHN, draper, Mosterton. Pet. April 11. May 5, at halfpast three, at office of Williams and Co. Exchange, Bristol. Sol. Jolliffe, Crewkerne

BRIMSON, ALFRED, greengrocer, Kingsdown. Pet. April 9. April 25, at eleven, at office of Mr. Bowman, auctioneer, Greshamchmbs, Nicholas-st, Bristol

BRUDNO, ROBERT, jeweller, Whitehaven. Pet. April 9. April 29, at ten, at office of Sol. Hodgson, Birmingham BUNKELL, HENRY CHRISTOPHER, auctioneer, King-st, Cheapside. Pet. April 10. April 27, at four, at office of Challis, 12, Clement's-lane. Sol. Watson, Guildhall-yd

BURROWS, EDWARD, licensed victualler, Station-rd, Red-hill. Pet. April 8. April 24, at four, at office of Hare, 1, Oakfields, Oakfield Park, Croydon. Sols. Wood and Hare, Basinghall-st CANNON, HENRY, blacksmith, Bennington. Pet. April 10. April 28, at twelve, at office of Sols. Cobham and Hunt, Ware CLEMINSON, JAMES, ironmonger, Old-st, St. Luke's. Pet. April 11. April 27, at two, at office of Pinchard and Shelton, Queenst, Wolverhampton. Sols. Smith, Fawdon, and Low, Bread-st, Cheapside

COOPER, JOSEPH, fruiterer, Staines. Pet. April 8. April 29, at two, at offices of Messrs. Miller, Sherborne-la. Sol. Spiller, Egham CORONIO, THEODOR JOHN, and DAVIDS, CHARLES GEORGE, seed brokers, Great St. Helen's. Pet. April 11. April 30, at two, at office of Messrs. Cooper, public accountants, 14, Georgest, Mansion-house. Sols. Stibbey and Cronshey, Fenchurch-st DANZIGER, ISAAC, furniture broker, Sunderland. Pet. April 10. April 20, at two, at office of Sols. Messrs. Joel, Newcastle-uponTyne DAVIES, ALFRED, beerhouse keeper, Birmingham. Pet. April 10. April 24, at eleven, at office of Walter, accountant, Birmingham. Sol. Kennedy, Birmingham

DAVIES, EDWARD, Llandovery. Pet. April 8. April 25, at five minutes past ten, at office of Sols. Green and Griffiths, Carmarthen

DAVIS, JOHN, printer, Wincanton. Pet. April 10. April 30, at eleven, at the Greyhound hotel, Wincanton DAWSON, WILLIAM, builder, Crewe. Pet. April 10. April 28, at eleven, at office of Sol. Warburton, Crewe DEARING, GEORGE, laundryman, Silverhill, near Hastings. Pet. April 9. April 25, at twelve, at office of Sol. Savery, Hastings DELMARD, MAURICE, artist, Northenden. Pet. April 9. April 29, at three, at offices of Sol. Rylance, Manchester DEVEY, EDWARD, engineer Tipton. Pet. April 10. April 28, at twelve, at office of Sols. Messrs. Whitehouse, Wolverhampton DOE, HENRY NUN, corn dealer, Kensal-rd, Westbourne park, and Blagrove-rd, Notting-hill. Pet. April 13. April 30, at four, at office of Sol. Ablett, Cambridge-ter, Hyde-pk DONNE, SAMUEL, butcher, Hackney. Pet. April 10. May 1, at two, at office of Sol. Layton, Suffolk-la, Cannon-st BANS, CABEL, farmer, Cwm, Llandissilio. Pet. April 11. May 2, at quarter-past ten, at cffices of Sols. Green and Griffiths, Carmarthen

EVANS, JAMES YOUNG, cattle dealer, Bristol. Pet. April 9. April
27, at eleven, at office of Hancock, Triggs, and Co. accountants,
Broad-st, Bristol. Sols. Benson and Thomas, Bristol
FIRTH, ISAAC, hat dealer, Newcastle-upon-Tyne. Pet. April 10.
April 27, at three, at offices of Sol. Bush, Newcastle-upon-Tyne
FOLLAND, JOHN, fish salesman, Birmingham. Pet. April 8.
May 4, at twelve, at offices of Sol. Buller. Birmingham.
FREEAR, CHARLES, advertising agent, Nottingham. Pet. April
9. April 28, at twelve, at offices of Sol. Brittle, Birmingham
GARNER, SAMUEL, framework knitter, Kirby-in-Ashfield. Pet.
April 10. May 1, at twelve, at office of Sols. Parsons and Bright,
Nottingham

GRIFFITHS, CHARLES, out of business, Harborne. Pet. April 9.
April 24, at ten, at office of Sol. Duke, Birmingham
HAGG, WILLIAM BLOOMFIELD, beerhouse keeper, James-street,
Kennington-pk. Pet. April 8. April 24, at two, at offices of Sol.
Longcroft, Lincoln's-inn-fields

HAIR, FELIX THOMAS, provision dealer, Jarrow. Pet. April 11.
April 27, at two, at offices of Sol. Tayler, Newcastle-upon-Tyne
HALLAM, CHARLES HENRY, grocer, Birmingham. Pet. April 9.
April 27, at two, at the Hen and Chickens hotel, Birmingnam.
Sol. Hawkes, Birmingham

HALEY, NICHOLAS, hosier, Long-lane, West Smithfield. Pet. April 9. April 25, at one, at offices of Sol. Cattlin, Guildhallyard

HARRISON, ROBERT, auctioneer, Blackpool. Pet. April 8. April
27, at three, at office of Sols. Messrs. Heath, Manchester
HART, WALTER, surgeon, Borough-rd, and Blackman-st. Pct.
April 2. April 22, at twelve, at office of Sol. Geaussent, New
Broad-st
HAYNES, GEORGE, furniture broker, Birmingham. Pet. April 1.
April 24, at twelve, at office of Sol. Cheston, Birmingham
HELLIER, CHARLES HENRY, and TREW, RICHARD PEYTON,
drapers, Bristol. Pet. April 9. April 27, at two, at office of
Williams and Co. accountants, Exchange-bldgs, Bristol. Sols.
Benson and Thomas, Bristol

HICKEN, HENRY, out of business, Birmingham. Pet. April 9.
April 23, at four, at offices of Sol. Parry, Birmingham
HOARE, JOHN, boot maker, Bideford. Pet. April 9. April 27, at
twelve, at offices of Sols. Rooker and Bazeley, Bideford
HORN, FREDERICK, general draper, Crawford-st and and Croy-
don-st, St. Marylebone. Pet. April 10. April 27, at two, at office
of Sol. Tatham, Mansion-house-chbs, Queen Victoria-st
HUBERT, CHARLES, lighterman, Emmett-st, Poplar. Pet. April
9. April 25, at eleven, at office of Sol. Farnfleld, Lower Thames-
street
HUNTER, JOHN, builder, South Shields. Pet. April 9. May 4, at
two, at the Commercial-chmbrs, South Shields. Sol. Purvis,
South Shields
KILBURN, ABRAHAM LEE, leather merchant, Kingston-upon-
Hull. Pet. April 7. April 27, at two, at office of Sol. Laverack,
Kingston-upon-Hull

LAMB, JOHN WILLIAM, plumber, Manchester. Pet. April 11. April 30, at three, at office of Sols. Sutton and Elliott, Manchester

LAWRENCE, ELIJAH STEPHEN, tailor, Marlborough. Pet. April 10. May 2, at eleven, at office of Sol. Goulter, Hungerford LEON, HERNTZ, jeweller, Bath. Pet. April 9. May 5, at eleven, at office of Sol. Collins, Bath

LEWIS, JOHN, shoemaker, Penallt, Llanarthney. Pet. April 11.
April 27, at five minutes past ten, at office of Sols. Green and
Griffiths, Carmarthen
May 1,

MARSH, JOHN, ancountant, Jermyn-st. Pet. April 10.
at two, at office of Slater and Pannell, 1, Guildhall-chambers,
Basinghall-st. Sols. Raven and Curtis, Victoria-st, City
MASLIN, GEORGE AUGUSTUS, painter. Portsea. Pet. April 8.
April 21, at three, at offices of Sol. Blake, Portsea
MATTHEWS, JAMES, baker, East Stonehouse. Pet. April 10.
April 28, at eleven, at offices of Sol. Brian, Plymouth
MCCALL, JOHN, general dealer, Liverpool. Pet. April 10. April
30, at twelve, at office of Messrs. Shannon, 39, South Castle-st,
Liverpool. Sol. McConnel, jun., Liverpool

MILNER, GEORGE, farmer, Aldborough. Pet. April 9. April 30, at one, at office of Sol. Paley, York

MOSELY, ROBERT, painter, Liverpool. Pet. April 11. April 30, at twelve, at office of Sol, Ritson, Liverpool MUSSABINI, PIERRE, and DRACO, EMMANUEL PANTOLEON, cotton brokers, Liverpool. Pet. April 9. April 29, at two, at office of Sols. Radcliffe and Layton, Liverpool

NORTHEY, EMANUEL AUGUSTUS, auctioneer, East Stonehouse. Pot. April 9. April 27, at ten, at office of Wilkes, accountant, Plymouth. Sol. Square, Plymouth

OGDEN, JOSEPH, common brewer, Halifax. Pet. April 9. April 23, at eleven, at 10, Cheapside, Halifax. Sols. Holroyde and Smith

OGDEN, PETER, gentleman, Coalpit-heath. Pet. April 10. April 27, at two, at office of Denning, Smith, and Co. public accountants, Bristol. Sols. Fussell, Prichard, and Swann, Bristol PEARCE, THOMAS, wheelwright, John's-yd, Lisson-gr, Maryle bone. Pet. March 21. April 21, at four, at offices of Sol. Yorke, Marylebone-rd

PORTCH, FREDERICK, grocer, Ordnance-rd, St. John's-woo. Pet. April 10. April 27, at twelve, at office of Sol. Johnson, Highst, Marylebone

PRICE, CHARLES, builder, Blockhouse. Pet. April 10. May 4, at three, at office of Sol. Pitt, Worcester

ROBERTS, GEORGE, and WEBSTER, JOHN, joiners, Leeds. Pet. April 8. April 24, at two, at office of Burrell and Pickard, 18, Albion-st, Leeds. Sols. Simpson and Burrell

ROBERTS, WILLIAM, furniture broker, Leeds. Pet. April 9. April 27, at one, at office of Sols. Rocke and Midgley, Leeds ROBINSON, GEORGE DENNETT, wine merchant, Strand, and Cecilstreet, Strand, and Percy-green, Fulham. Pet. April 9. April 30, at two, at office of Sol. Laundy, Cecil-st, Strand ROWLANDS, THOMAS, provision dealer's assistant, Salford. Pet. April 10. May 7, at three, at offices of Sol. Ambler, Manches. SEVERN, JOHN, hosier, Sneinton. Pet. April 10. May 4, at twelve, at office of Sol. Belk, Nottingham

ter

SHARP, WILLIAM, livery stable keeper, Southgate-rd. Pet. April 11. April 27, at three, at offices of Sols. Taylor and Jaquet, South-st, Finsbury-sq

SMALL, HENRY, cabinet maker, Bath. Pet. April 10. April 27, at twelve, at office of Sol. Webb, Bath

SUMNER, JAMES, painter, Walsall. Pet. April 8. April 24, at three, at office of Sol. Sheldon, Wednesbury

SYDNEY, HERBERT MONTAGUE, solicitor, Upper John-st, Goldensq, and Upper Baker-st. Pet. April 10. April 30, at three, at offices of Sol. Chappell, Golden-sq

THOMPSON, GEORGE, farmer, Scole. Pet. April 11. April 27, at three, at office of Sol. Smith, Colchester TOPHAM, WILLIAM, merchant's clerk, Baildon, Pet. April 11. April 29, at ten at office of Sols. Peel and Gaunt, Bradford TULK, GEORGE HENRY, cab proprietor, Aston Brook, near Bir mingham, Pet. April 9. April 23, at eleven, at offices of Sol. Joynt, Birmingham

UFF, JAMES, butcher, Buckingham. Pet. April 9. April 25, at eleven, at the Swan and Castle hotel, Buckingham. Sols. Kilby, Banbury

WALTER, DOTTIN ALLEYNE, architect, York. Pet. April 11.
April 27, at twelve, at office of Sols. Parr and Anderson, York
WATERS, CHARLES, draper, Fordingbridge. Pet. April 8. April
29, at two, at office of Sol. Hodding, Salisbury
WATTS, WILLIAM HAMBRIDGE, baker, Evelyn-road, Lower-road,
Deptford. Pet. April 8. April 23, at two, at offices of Sol.
Mirams, New-inn, Strand

WEIL, MYER, and WEIL, BENJAMIN, boot manufacturers, High-
Ft, Whitechapel. Pet. April 11. April 29, at ten, at offices of
Sols. Messrs. Kent, Red Lion-ct, Cannon-st

WEST, THOMAS EDWARD, and WEST, RICHARD AMBROSE, Commission merchants, Crosby-sq, Pet. April 11. April 30, at twelve, at the Guildhall tavern, Gresham-st. Sols. Carr, Bannis. ter, Davidson, and Morriss, Basinghall-st WHEATCROFT, GEORGE, journeyman joiner, late of Nottingham. Pet. April 8. April 27, at three, at office of Sol. Belk, Nottingham WHITEHEAD, WILLIAM HENRY, tailor, Liverpool. Pet. April 10. April 27, at three, at office of Sol. Milnes, Huddersfield WHITELEY, JAMES, cutlery caster, Sheffield. Pet. April 10. April 28, at three, at office of Sols. Messrs. Clegg, Sheffield WIDDOWSON, JAMES, optician, Nottingham. Pet. April 10. May 5, at eleven, at office of Sols. Parsons and Son, Nottingham

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Dibidends.

BANKRUPTS' ESTATES.

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

Fiery, F. scrivener, further 11d. Daw, Exeter

Gibson, T. victualler, first and final 48. 2d. At Trust. J. L. Wykes, 10, Full-st, Derby.-Hardin, A. draper, first 2s. 6d. At office of Baggs, Clarke, and Josolyne, 28, King-st, Cheapside.-Haywood, F. M. scrivener, first 1s. 9d. At office of S. Leach, 48, Ful-st, Derby.-Jones, . cattle salesman, first and final 18s. 6d. At Stuckey's bank, Bridgewater. Trust. R. Salmon.-Oldershaw, W. W. attorney, first and final 6s. 6d. At Trust. A. E. Wenham, 50, Ann-st. Birmingham.-Pearson, H. provision dealer, first is. At office of Roose and Price, 26, North John-st, Liverpool

BIRTHS, MARRIAGES, AND DEATHS

BIRTHS.

JEFFERY. On the 8th inst., at 5, Blenheim Mount, Manningham,
Bradford, Yorkshire, the wife of John R. Jeffery, Esq., solici
tor, of a daughter.
WHITELEY.-On the 12th inst., at Dulwich, the wife of George
Crispe Whiteley, barrister-at-law, of a daughter.

MARRIAGES.
DAWSON-GOODRICH.-On the 8th inst., at Llanfair D.C., North
Wales, Gerard Finch Dawson, barrister-at-law, of Lincoln's-inn,
to Dora Harriett, third daughter of James Goodrich, Esq., of
Eyarth House, Denbighshire; Energlyn, Glamorganshire; and
the Padelock House, Gloucestershire.
MEDLICOTT-GALE.-On the 9th inst., at West Ashton Church,
Henry E. Medlicott, barrister-at-law, of Sandfield, Potterns,
Wilts., to Kate D'Oyly Gale, eldest daughter of the late Alex-
ander R. Gale, Esq., of Stanton Lodge, Suffolk.
ORMEROD-STAPYLTON.-On the 9th inst., at Christ Church,
Lancaster, Henry Mere Ormerod, of the City of Manchester,
Solicitor, to Madalina, widow of R. G. Stapylton, Esq.
TWEEDY CARLYON.-On the 7th inst., at Kenwyn, Truro, Henry
John Tweedy, barister-at-law, to Maria Louisa, second daughter
of Edward Trewbody Carlyon, Esq., of Trevre, Truro.
WEIGHTMAN-RAWSON.-On the 9th inst. at Leicester, Thomas
Turner Weightman, B.A., and of the Inner Temple. barrister-at
law, Esq., to Emma Sophia, only child of the late James Rawson,
Esq., of Leicester.

DEATHS.

DALY.-On the 10th inst., at Youngwoods, Isle of Wight, aged 51, Francis Hugh Daly, barrister-at-law, 1, New-square, Lincoln'sinn. DYKE-POORE.-On the 11th inst., aged 59, Edward Dyke-Poore, Esq., of Syrencot, a Magistrate and Deputy-Lieutenant for Wiltshire. MOLYNEAUX.-On the 9th inst., aged 68, James More Molyneaux, Esq., F.S.A., of Loseley-park, Guildford, Magistrate and D.L of the county of Surrey.

SANDES. On the 8th inst., in London, Falkiner Chute Sandes, Esq., J.P., for many years the solicitor of the Government of India on their Bengal establishment.

PARTRIDGE AND COOPER.
WHOLESALE & RETAIL STATIONERS,
192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E.C
Carriage paid to the Country on Orders exceeding 20s.

DRAFT PAPER, 58., 6s. 6d., 7s. 6d., 7s. 9d., and 9s. 9d. per

ream.

BRIEF PAPER, 158. 6d., 17s. 6d., and 238. 6. per ream.
FOOLSCAP PAPER, 10s. 6d., 12s. 6d., and 15s. 6d. per ream.
CREAM LAID NOTE, 38., 48., and 58. per ream..
LARGE CREAM LAID NOTE, 4s. 6d., 6s. 6d., and 8s. per ream
LARGE BLUE NOTE, 38. 6d., 4s. 6d., and 6s. 6d.
per ream.
ENVELOPES, CREAM OR BLUE, 4s. 6d., and 68. 6d., per 1000.
THE TEMPLE" ENVELOPE, extra secure, 9s. 6d. per 1000.
FOOLSCAP OFFICIAL ENVELOPES, 1s. 9d. per 100.

THE NEW" VELLUM WOVE CLUB-HOUSE" NOTE. 9s. 6d. per ream.

"We should direct particular attention to their New Club. house 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. 1058. per roll.

RECORDS OF MEMORIALS, 7d. each, 6s. 6d. per dozen.

LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER OF MINUTE-BOOKS An immense stock in various bindings. ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales Copying Presses, Writing Cases, Despatch Boxes, Oak and Walnut Stationery Cabinets, and other useful articles adapted to Library or Office, post free.

--

FUNERAL REFORrs bill have long orbitel

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 acc rding 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.

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LERGYMEN'S, Professional Men's, and Clergyman's SCHOOL, strictly limited to gentlemen, on specially reduced terms.-Address Rev. Master A.M. (to be forwarded), Messrs. Dawson and Sons, 121, Cannon. street, London, E.C.

NT. GEORGE'S HOSPITAL

STSCHERTE' SUMMER SESSION COEDICAL

MONDAY, MAY 4th. Prospectuses and full particulars I may be obtained on application, personally or by letter, to tae Treasurer or Dean of the Schools, at the Hospital.

THE NEW SYSTEM OF BUYING A HOUSE WITHOUT MONEY.

NEWSVENDORS BENEVOLENT AND

INSTITUTION.

PATRON,

The Right Honourable The Earl DERBY.
The FESTIVAL will be HELD at the CRITERION,

BIRKBECK BUILDING SOCIETY, Piccadilly, on WEDNESDAY, APRIL 20, and

29 AND 30, SOUTHAMPTON-BUILDINGS,

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CHANCERY-LANE, LONDON.

OST PERSONS ARE FAMILIAR with what is known as the " THREE YEARS' SYSTEM" of the Pianoforte Makers, by which anyone who Hires an Instrument and pays the Hire for that period, becomes the ABSOLUTE OWNER OF THE PIANOFORTE. Previously to the introduction of this plan it was almost as difficult for those of limited income to buy a good Pianoforte as to BUY A HOUSE; and persons went on year after year, paying for the Hire of an Instrument, and expended as much money as would have bought the Pianoforte several times over.

What will hold good for Pianofortes will hold good for HOUSES; and there are many who would no doubt AVAIL THEMSELVES OF THE OPPORTUNITY, if it was afforded them, of becoming

THE OWNER OF A HOUSE

in the same way as they have already become the owner of their pianoforte. THE DIRECTORS

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New System of Purchasing a House,

MAY BE SUMMED UP AS FOLLOWS:

1. Persons of Limited Income, Clerks, Shopmen, and others, may, by becoming Tenants of the BIRKBECK BUILDING SOCIETY, be placed at once in a position of independence as regards their Landlord.

2. Their RENT CANNOT BE RAISED.

3. They CANNOT BE TUI NED OUT OF POSSES.

SION so long as they pay their Rent.

4. NO FEES or FINES of any kind are chargeable.

5. They can leave the House at any time without notice. rent being payable only to the time of giving up possession. 6. If circumstances compel them to leave the House before the completion of their Twelve-and a-Half Years' Tenancy, they can Sub-let the House for the remainder of the Term, or they can Trausfer their right to another Tenant.

7. Finally, NO LIABILITY or RESPONSIBILITY of any kind is incurred, be ond the Payment of Rent by those who acquire Houses by this New System.

The BIRKBECK BUILDING SOCIETY have on their List several HOUSES, which they are prepared to LET on the TWELVE-AND-A-HALF YEARS' SYSTEM, and in many cases Immediate Po-session may be obtained. The Terms on which Honses can be placed on this Register may be obtained on application to

FRANCIS RAVENSCROFT, Manager.

A. J. B. BERESFORD HOPE, Esq., M.P.,

will preside, and will be supported by WM. HENRY SMITH, Esq. M.P., Presidents. Mr. Alderman COTTON, M.P., and the following

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The Hon. Earl Desart. Lieut-Gen. Sir H. Storks, G.C.B.

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Robert Ferguson, Esq.,
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George Cruikshank, Esq. C. D. Walker, Esq.
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HE FIELD, THE COUNTRY GENTLE-
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THE

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Cruising in Company.

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Analysis of the London and Vienna Chess Match.
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Acts 1872 and 1878, the New Forms jus issued by the Local
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N.B.-This is a continuation of the "Maritime Law Cases," placed under responsible editorship, and will be cited as "Aspinall's Maritime Law Cases" (Asp. Mar. Law Cas.). It will be found to contain all the cases on questions of Maritime Law decided by all the various courts up to the date of publication, including Marine insurance Cases. Quarterly, price 5s. 6d., and will be sent free by post to subscribers.

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ELECTION, and ECCLESIASTICAL LAW CASES, decided by all the Courts. Bent post free to subscribers. N.B.-The back volumes and parts may be had; the vols. at 258. each, half-bound. London: HORACE Cox, 10, Wellington-street, Strand, W.C. Now ready, price 56. 6d., Part VIII. of Vol. XII. of YOX'S CRIMINAL LAW CASES. Edited by EDWARD W. Cox, The Parts and Volumes may still be had to complete sets. It is the only complete series of Criminal Cases published in England. An Appendix contains a valuable collection of Precedents of Indictments. London: HORACE Cox, 10, Wellington-street, Strand, W.C.

COX'S

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O'BRIEN and Mr. Justice FITZGERALD on the 16th inst., the efficacy of the Judgments Extension Act was acknowledged. The LORD CHIEF JUSTICE said: "The three kingdoms were united, he hoped indisolubly, and the practice of compelling a person living in one part of the same United Kingdom to give security for costs on suing a person living in another part was anomalous, and ought to be discontinued." And Mr. Justice FITZGERALD said that he rejoiced that they had now disposed once and for all of a practice which since the three kingdoms had become a united kingdom was a disgrace to our land.

A QUESTION of Some importance in bankruptcy proceedings has been decided by the Judge of the Yarmouth County Court, namely, that an execution creditor who has seized and sold, is not entitled to his costs of action out of the proceeds when a bankruptcy petition has been presented within fourteen days. The words "costs and expenses were contained in the Act of 1849; the word "expenses only appears in the Act of 1869, and the learned Judge considered that this was an intentional omission on the part of the Legislature. This is an additional penalty on a creditor for being diligent in the prosecution of his legal remedies.

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MR. HARRINGTON, Judge of County Courts (Circuit 22), suggests that the true remedy for the evils of the small credit system is an abridgment of the period of limitation. To abolish imprisonment of persons "who fraudulently or contumaciously disobey' the orders of the courts for the payment of money, would, he says, "be practically to prohibit the recovery of small debts at all." He thinks, however, that a statute of limitations graduated on a scale varying with the amount of debt contracted in any one transaction, and applying equally to judgments which the plaintiff takes no steps to enforce, as to debts for which the creditor neglects to sue, would have the effect of checking undue credit and the speculative purchase of doubtful debts, while it would not drive into our workhouses those whose means of existence consist in discounting their future earnings. This is a sensible suggestion; but that, if adopted, it would have all the beneficial results predicted, is very doubtful.

Ir may be of interest to our readers, although not a matter of vast importance, to be informed that an equity of redemption can be called an estate only by a figure of speech. This has been decided by Vice-Chancellor BACON, in Paget v. Ede (30 L. T. Rep. N. S. 228. The question in that suit was whether as between Englishmen there could be foreclosure of a mortgage of an estate out of the jurisdiction. The leading case is known as the Sark case (Toller v. Carteret, 2 Vern. 494), the mortgaged property being situated in the island of that name in the channel. Vice-Chancellor BACON has now granted a decree for foreclosure of an estate situated in Nevis, an island in the West Indies. The jurisdiction is important, and we are glad to see it sustained, the Vice-Chancellor, indeed, having no doubt on the point. Recurring again to the right known as an equity of redemption to be called an estate, we may add his Honour's remarks: "It may be," he said, "in some instances that a husband may have a title by curtesy, and that gavelkind and borough English may apply to it. All these are necessary consequences of the law which recognises the interest of a mortgagor in his equity of redemption, but they do not alter the nature of the interest; they do not create an estate; and, in my opinion, it is a misapplication of words to call an equity of redemption an 'estate' in the proper technical legal

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THE phraseology of many of the numerous rules which appear in the Schedule to the Ballot Act, was elaborately reviewed by Mr. Justice GROVE in his judgment in the case of Stowe v. Jolife, an interlocutory application in the Petersfield Election Petition, decided on Saturday last. The application was for an order to inspect the marked register of voters, the rejected ballot papers, and the counterfoils of the ballot papers: (See Rules 29, 35, 36, 37, 40, 41, 42.) The object of the application was deposed to bo to save the needless trouble and expense that might be incurred in getting up evidence against the votes of versons who might turn out after all not to have voted. A majority of the Court of Common Pleas (GROVE and DENMAN, JJ.) has now held that the counterfoils and the rejected ballot papers cannot be inspected, unless a very strong case be made out. BRETT, J., however, was of opinion that inspection ought to be granted, upon just the same principles that inspection is granted in cases of ordinary litigation -the principle of assisting litigants in obtaining all that they desire for the reasonable conduct of their case; and he threw out a suggestion that the backs only of the ballot papers should be allowed to be seen, so that "nothing but the exercise of a most perverse ingenuity" could frustrate the purpose of the Ballot Act. But the majority of the court has pronounced for drawing the line tight, and all that the petitioner has taken by his motion is a permission to inspect the marked register of voters, without which we imagine it would be next to impossible to conduct his case with anything like accuracy, and which is among the documents which,

66

by Rule 42, are open to public inspection," although, from a misconstruction of Rule 29, it had been sealed up in the same packet with the counterfoils. Notwithstanding the elaborate judgments pronounced, we venture to say that Rules 29, 35, 36, 37, 40, 41, and 42, will give still further trouble to the Court of Common Pleas; and, although it is with much diffidence that we give any opinion upon a question so new and complex, we must say that the view of Mr. Justice BRETT is that which commends itself most to our judgment. And it is a view which has at any rate this to recommend it, that the principle which it enunciates is one which is very easy of application. The point of the case was hit, we think, by Mr. Justice DENMAN, but wrongly decided. Required," in Rule 40, is, we cannot help thinking, only Act of Parliament language for "asked for," and what the court, under Rule 40, was intended to be "satisfied" of, is not whether the petitioner wishes for information, little or much, but whether his real object is to infringe the secrecy of the Ballot Act or not.

66

A NOTICE of motion appeared on Monday last, for a Parliamentary return of "the number of cases which have been brought before the Railway Commission, specifying the number on which any adjudication has taken place." The Dover case having been withdrawn, what may be called decided cases are, we believe, reduced to two-Goddard's case, and the Buckfastleigh Railway case. It is curious that in both cases the defendant railway company claimed a certain independence of the statutory maximum. A fourth case is pending, that of the East and West Junction Railway Company v. Great Western Railway Company, and raises a perfectly novel question under the new Act as to "through routes." But it is not so much the litigated cases which will show the working of the Railway Commission as those in which its powers have been successfully exercised under sect. 7 of the Act, whereby the Commissioners " may, before requiring any formal proceedings to be taken," communicate a complaint to the company complained of, “so as to afford them an opportunity of making such observations thereon as they may think fit." Generally speaking, it must be remembered it is for the complainant to make out a primâ facie case of inequality, but that being made, the onus is cast upon the company to justify the charge: (Per Willes, J., in Nicholson v. Great Western Railway Company, 5 C. B., N. S., 431.)

MR. LOPES has received only the credit which is properly due to him for bringing in his measure for the reform of our jury system. We have so recently expressed our views on the subject, that it would be mere reiteration to repeat them whenever discussions take place in the House of Commons. Mr. LOPES' Bill has this advantage over that introduced by Sir JOHN COLERIDGE, it is less ambitious, and devotes more attention to practical details. Mr. LOPES proposes to increase what he calls "the area of jury force,' by making lodgers liable to serve both on common and special juries, and by raising the age of absolute exemption from sixty to seventy. The new rating qualification for special jurors is maintained, although Mr. LOPES intimated his own belief that it had led to the deterioration of special juries. This is a belief not only generally shared in as a matter of opinion, but provable to demonstration. In civil cases the Bill proposes to reduce the number of jurymen to seven, though either party will have the right to ask for a jury of twelve, and an unanimous verdict will still be required. The remuneration of common jurymen is raised to 5s. for each case tried. Power is given to continue trials, notwithstanding the illness or death of a juryman, and to empanel special juries in criminal cases; and there are many other minor points, such as the payment of overseers out of the Consolidated Fund for making up the lists, the transmission of summonses by post, &c. There seems to be every prospect that a very useful enactment may be made out of this Bill.

THE 23rd section of the Bankruptcy Act 1869 is one which has given rise to considerable practical difficulties. It will be remembered that it relates to the disclaimer of onerous contracts by the trustee, and it provided that the property disclaimed, if a lease, shall be deemed to have been surrendered on the date of the disclaimer. It was apprehended that difficulties might arise under this section affecting the rights of third parties, and accordingly in lieu of fresh legislation the 28th rule of 1871 was framed, which says that, "Where any property of a bankrupt acquired by a trustee under 'The Bankruptcy Act 1869,' shall consist of a leasehold interest, the trustee shall not execute a disclaimer of the same without the leave of the court being first obtained for that purpose; and upon any application to the court for such leave, notice of the desire of the trustee to disclaim such interest shall be given to such person or persons as the court shall direct, and such order shall be made thereon as the court shall think fit." A somewhat peculiar case under this rule was before Mr. Registrar MURRAY on Tuesday. A bankrupt was monthly tenant of a dwelling house and premises under an agreement, and by an agreement of even date he contracted for the purchase of the residue of his landlord's lease. He remained in possession at the time of the bankruptcy, and the question was whether the trustee

was right in applying to the court for leave to disclaim. The learned registrar considered that, having regard to sect. 23 of the Act and the 28th rule the court should grant the leave to the trustee, but he did not arrive at this conclusion without some hesitation.

INFERIOR COURTS AND THE PROFESSION. HAVING this week a constituency embracing the entire Profession, we think it more desirable to direct attention to subjects of general importance than to dry matters of law. One of the most engrossing questions affects the future of County Courts, and their relation to our judicial system, as amended by the Judicature Act. The labours of the Judicature Commission have thrown considerable light upon the working, not only of the County Courts proper, but upon all similar courts of inferior jurisdiction. It is somewhat singular that local courts, other than County Courts, should have continued to exist and indeed to flourish in the midst of an active County Court jurisdiction. There are not wanting those who say that such courts are kept alive by the attorneys, who there obtain better remuneration than in the County Court; and we do not know that we need deny that to a considerable extent this is the truth. But no reflection is thereby cast upon the Profession, inasmuch as it could hardly be expected that a solicitor would advise his client to go into a court which in cases under a certain amount gives no fees to advocates, and above that amount gives or refuses costs at its discretion. Partly, therefore, for their own interest, and largely in the interests of their clients, solicitors have patronised and kept alive such courts as the Lord Mayor's Court in London, and the Passage Court at Liverpool.

These courts, as we have said, flourish, and have done so for a length of time; but it seems extremely doubtful whether they will continue to exist very much longer. In a somewhat remarkable compilation by Mr. FALCONER, a Judge of Welsh County Courts, which we have recently received-" On County Courts, Local Courts of Record, and the changes proposed to be made in such Courts in the Second Report of the Judicature Commissioners"we have all the information which can enable us to judge what the future of local jurisdiction will be. It is beyond dispute that of late years the County Courts have done their work remarkably well; the simple fact being that the members of the Bar who have been selected for the Judgships have been almost uniformly men of acknowledged learning and ability. Moreover, the prejudice which crippled the courts at the outset has been gradually disappearing, and the more the jurisdiction has been extended, the more reliance has the public seemed disposed to place on their capacity to deal with important questions. The juris diction in bankruptcy is perhaps as important as any branch of administrative business transacted in any court in the kingdom. We have repeatedly reported cases involving nice questions of law and the distribution of large sums of money, where no attemp has been made to appeal against the decision. So again in Admiralty. A competent London solicitor, who has the great bulk of the work in the City of London Court, bears high testimony to the Judge's knowledge of shipping, and to the ability with which he disposes of Admiralty suits. Whilst we can speak thus favourably of the courts generally, there undoubtedly have been and are exceptions-cases in which business is positively driven from the court. We do not dwell much upon this, because it is almost impossible to avoid defects in a system so extensive.

The opinion of County Courts being favourable-and that favourable opinion is likely to grow rather than to diminish-the first question arising is, Should any other local courts be retained? The Judicature Commissioners, in their report of July 1872, recommended the abolition of all local and borough courts of record. In that year twenty-six made returns of business transacted in them. Omitting the Salford Court and the Liverpool Court of Passage returns, there were only 443 cases above £20 entered in the twenty-four other named courts, and of these 444 cases judgments were obtained in 183. Local courts of record ought, therefore, to be considered doomed, and when they go, what is to justify the maintenance of the Lord Mayor's Court? Some score attorneys who practise almost exclusively in that court, and a Bar which whilst being very small is by no means conspicuously able, must look with alarm on a proposed abolition. We do not urge

its abolition: it has transacted a vast amount of business, and given much satisfaction; but it has glaring defects, which if it is to continue to exist must be remedied. The pleading in the court is absurd, objections to the jurisdiction are almost im practicable, the fiction by which jurisdiction is obtained is in many cases scarcely creditable, and the costs are very considerable. It is really difficult to understand how it has continued its work by the side of the City of London Court, which has a simple and inexpensive but thoroughly effective procedure.

We are now, however, most concerned with the County Courts themselves. The Mayor's Court may go; all the local courts of record may go, but the County Courts will remain. Whether to continue a separate system, or to be incorporated in our united judicature, matters little-they will remain, and probably grow in importance. There are questions to be considered with reference to them which consequently become of great moment. To recom

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