make an order directing a change of the registered proprietor to be made, or the register to be otherwise rectified, in such manner as it thinks fit; and the registrar shall, on receipt of such order, make the rectification ordered, or the registrar may act without such order in any case in which he shall consider he can properly do so.

118. Appeal from registrar to the court.-If any person considers himself aggrieved by any entry or notice being made or omitted to be made in or upon the register, or by the cancelling or altering of any entry or notice in or upon the register, or in respect of any default or unnecessary delay in making, cancelling, or altering any entry or notice, or by the registrar not proceeding with registration, or by the registrar's decision as to the person or persons to be entered as registered proprietor or proprietors, whether the entry shall or shall not have been made, or in any other respect in reference to the register, such person may apply to the court by summons, or in such other manner as the Lord Chancellor may by order direct, for such an order as he may desire to have made; and the court may, upon hearing such application, refuse to make an order, or make such order as it may think fit, and may order payment of costs by the applicant or any other person who may appear upon the application, and if an order be made, the registrar shall give effect thereto, if and as far as necessary.

119. No alteration of register for irregularities as against persons unless court can and shall provide for protecting their estates and interests.-An entry in the register shall not be cancelled or altered as against any person having an estate, right, title, or interest for valuable consideration, by reason of any irregularity or informality in, or want or insufficiency of, or defect in, notice of the proceedings prior to the registration, unless by an order of the court; and then only if the court shall be able to provide, and shall by its order provide, for such estate, right, title, or interest not being prejudicially affected.

120. Entry on register in case of change of trustees of friendly societies, &c.-The registrar, upon its being proved to his satisfaction that a regis. tered proprietor or proprietors is, or are, a trustee or trustees for any friendly society, or for any other society or body, and that by Act of Parliament real estate is vested in the trustee or trus. tees, for the time being, of such society or body, and that there has been a change of trustees, and who is, or are, the present trustee or trustees, shall cause an entry to be made in the register of such trustee or trustees as registered proprietor or proprietors.

121. Inspection of register.—Subject to such regulations as may be imposed, and to the payment of such fees as may be fixed by general orders, any person registered as proprietor of any land, lease, or charge. and any person authorised by any such proprietor, or by an order of the court, or who has caused to be entered on the register any notice or caveat affecting such land, lease, or charge, and the solicitor, or agent, or clerk of the solicitor, or agent of any such person, but no other person, may inspect and make copies of and extracts from any register or document in the custody of the registrar relating to such land, lease, or charge.

chaser for valuable consideration and without no ie: Provided always, that this present clause sh. 1 not take away from any estate, right, title, or interest any priority or protection which but for such provision would have been given or allowed thereto as against any estate or interest existing before the commencement of this Act. 126. Power for proprietor to pay incumbrance into court when he cannot otherwise discharge the same. If in any case the registered proprietor of land, or a lease or charge, shall be desirous of discharging any charge created under this Act, or any other incumbrance affecting such land, lease, or charge, and shall from any cause be unable so to do so as effectually to clear the title to such land, lease, or charge therefrom, he shall be at liberty to treat himself as being a trustee of the amount of such charge or incumbrance, and to pay the same into court under the Act for better securing trust funds and for the relief of trustees; and upon such payment being made the land, lease, or charge shall be effectually discharged from the charge of incumbrance, and that whether there was or was not just ground for such payment, the person making such payment being nevertheless liable to be ordered to pay costs occasioned by such payment, in case the court to which application shall be made as to the sum paid into court shall consider that such payment was unnecessary.

127. Suppression of deeds and evidence.-If in the course of any proceedings in pursuance of this Act, any person intervening in such proceedings as principal or agent, with intent to conceal from the registrar or the court the title or claim of any person, or to substantiate any false claim, wilfully suppresses, assists in suppressing, or is privy to the suppression of any document in his possession or any fact within his knowledge, the person so suppressing, assisting in suppressing, or privy to suppression, shall be guilty of a misdemeanour, and upon conviction shall be liable to be imprisoned for a term not exceeding two years, with or without hard labour, or to be fined such sum as the court by which he is tried may award.

128. Certain fraudulent acts declared to be misdemeanors.-If any person fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any order of the court under this Act in relation to fraud, or to a lease or charge, or fraudulently procures, assists in fraudulently procuring, or is privy to the fraudulent procurement of any entry on the register, or on any certificate, or of any erasure from or alteration of the register or any certificate, or any indorsement, or to the wrong dating any indorsement on a certificate, or if any person shall, without the authority of any person whose address has been furnished to the registrar, with intent to defraud, furnish to the registrar a new place of address, such person shall be guilty of a misdemeanor, and be liable to imprisonment for any term not exceeding two years, with or without hard labour, or to be fined such sum as the court by which he is tried may award; and any order procured by fraud, and any act consequent on such order, and any entry, erasure, or alteration so made by fraud, shall be void as against all parties or persons privy to such fraud.

129. False declarations.-If any person in any affidavit required or authorised to be made for any purpose under this Act wilfully makes a in-statement false in any material particular, he shall be guilty of a misdemeanor, and shall be liable to imprisonment with or without hard labour for any term not exceeding two years, or to be fined such sum as the court by which he is tried may award.

122. Costs of trustees.-All costs, charges, and expenses incurred by any trustee in or about any application for registration under this Act shall be deemed to be costs, charges, and expenses curred by him in the execution of his trust, and he may retain or reimburse the same to himself out of any money coming to him under his trust, or, if necessary, he may raise the amount thereof by charging the trust estate.

123. The court may direct by and to whom and in what proportion costs of registration shall be borne and paid.-The court, upon the application of any registered proprietor for the time being, or of any person beneficially interested in any land, lease, or charge, may, by order, direct by and to whom and in what proportions the cost and expenses of and incident to any registration or other proceeding under this Act shall be borne and paid.

124. Jurisdiction of equity in cases of actual fraud.-Nothing contained in this Act shall take away or affect the jurisdiction of any court administering equity to give relief on the ground of actual fraud, but express or constructive notice of any such equity of redemption or equitable estate, right, title, or interest or lis pendens, shall not by itself be deemed actual fraud.

125. Protection and priority by legal estates and tacking not to be allowed.-After the commence. ment of this Act, no priority or protection shall be given or allowed to any estate, right, title, or interest in land, whether there shall or shall not be a registered proprietor thereof, by reason or on the ground of such estate, right, title, or interest being protected by or tacked to any legal or other estate or interest in such land, and full effect shall be given in every court to this present pro. vision, although the party claiming such priority or protection as aforesaid shall claim as a pur

130. Saving of civil remedy.-No proceeding or conviction for any act hereby declared to be a misdemeanor shall affect any remedy which any person aggrieved by such act may be entitled to, either at law or in equity, against the person who committed such act.

131. Saving of obligation to make discovery.— Nothing in this Act contained shall entitle any person to refuse to make a complete discovery by answer in any legal proceeding, or to answer any question or interrogatory in any civil proceeding in any court; but no such answer or any answer to any such question or interrogatory shall be admissible in evidence against any person in any proceeding under this Act.

132. Order of registrar may be made order of the court.-Any order of the registrar under this Act may, by an order of course of the court, be made an order of the court, and shall then be enforceable by and as an order of the court. PART IX.-Office of Land Registry, General Orders, "the Court," Appeals from the Court, Abatement, Receiver, Forms of Transfer. 133. Constitution of land registry office.-There shall be an office in London to be called the Office of Land Registry, the business of which shall be conducted by a registrar, with the aid of such assistant registrars, whose acts shall be deemed to be the acts of the registrar, examiners of title, clerks, messengers, and

servants as the Lord Chancellor may fix, with the consent of the Lords Commissioners of Her Majesty's Treasury.

134. Appointment of registrar.-The registrar shall be appointed by Her Majesty by letters patent, and shall be a barrister of ten years' standing at the least, and shall hold his office during good behaviour. Upon any vacancy occurring in the office of registrar, Her Majesty may in like manner appoint his successor.

135. Appointment of assistant_registrars_and other officers.-The assistant registrars and examiners of title, shall be barristers of ten years' standing at the least, and shall be appointed by the Lord Chancellor, and may be removed by him for negligence, want of skill, untrustworthiness, or inability to perform their duties. The clerks shall be appointed by the Lord Chancellor, and shall hold their offices during his pleasure, and upon any vacancy occurring in the office of assistant registrar, examiner of title, or clerk, the Lord Chancellor may appoint another person in his place. The messengers and servants shall be appointed by the registrar, and shall hold their offices during his pleasure, and all the assistant registrars, clerks, messengers. and servants shall, in the execution of their duties, conform to such regulations as may be issued by the registrar.

136. Salaries and expenses.-There shall be paid, out of the moneys to be provided by Parliament,

To the registrar, a salary of

year:

pounds a

To the assistant registrars, clerks, messengers, and servants, such salaries as the Lord Chancellor, with the consent of the Lords Commissioners of Her Majesty's Treasury, shall determine :

All incidental expenses of carrying this Act into effect.

137. Retiring pension of registrar.-Her Majesty may, by Letters Patent under the Great Seal of the United Kingdom, grant to any registrar after a service of twenty years, if he shall then have attained the age of sixty years, or in the event of his being disabled by permanent infirmity from the performing of the duties of his office, a pension by way of annuity, not exceeding two thirds of his salary, to continue during his life.

138. Superannuation of officers other than registrar.-The Lord Chancellor may, with the consent of the Lords Commissioners of Her Majesty's Treasury, order to be paid to any officer or person employed in the registry office, other than the registrar and examiners of title, who is disabled by permanent infirmity for the performance of the duties of his office, or who has attained the age of sixty years and has served in the registry office for twenty years and is desirous of resigning such superannuation allowance as is autho rised with respect to persons in the permanent civil service of the State by The Superannuation Act, 1859.

139. Office of registry to have seal.-A seal shall be prepared for the land registry office; and any instrument purporting to be sealed with such seal shall be admissible in evidence, and if a copy the same shall be admissible in evidence in like manner as the original.

140. Registrar to frame and promulgate rules, jorms, and directions for facilitating proceedings -Lord Chancellor may annul, &c. same.-Tho registrar shall conduct the whole business of registering land under this Act. He shall frame and cause to be printed and circulated or other. wise promulgated such rules, forms, and direc tions as he may deem requisite or expedient for facilitating proceedings under this Act, or other. wise in reference thereto, and may, from time to time, and shall if and when directed by the Lord Chancellor annul and vary such rules, forms, and directions as he may think proper, or as may be directed by the Lord Chancellor.

141. Registrar, &c., may administer oaths, &c. -The registrar and assistant registrars are hereby empowered to administer oaths and take statutory declarations in lieu of oaths in all proceedings under this Act.

142. Power of registrar to summon witnesses.The registrar, and any assistant registrar acting for him, may, by summons under the seal of the registry office, require the attendance of all such persons as he may think fit in relation to the registration of any title; he may also, by summons under his hand, require any person having the custody of any map, survey, or book made or kept in pursuance of any Act of Parlia. ment to produce such map, survey, or book for his inspection; he may examine upon oath any person appearing before him, and he shall allow to every person summoned by him the reasonable charges of his attendance, and order payment thereof by the applicant for registration, who shall be liable to pay the same accordingly.

143. Penalty for non-attendance or refusal to answer questions.-If any person, after the delivery to him of such summons as aforesaid, or of a copy thereof, wilfully neglects or refuses to

unusual exertions in view of the Woolsack, or the attorney, or solicitor-generalship, or a judgeship, or some one or other of the many offices which are held out to him as a tempting bait, which, if no other, is sometimes, as a dernier resort, some office, which solicitors, in the idle vigil which they keep over their own professional interests, are apt to think should be bestowed upon one of their own body. The medical profession has in its ranks many who have received the just rewards which their distinguished services have merited; so with the clerical profession, and so may we not say with men in almost all occu pations of life. It is left for the solicitor to look to his profession and find amongst its members many who should have received distinction, either politically or professionally, or in connection with municipal work, but who are always overlooked. If these men, from motives of meritorious ambition, desire to pass to the other branch of the legal profession, the answer is practically "No," for the rules of the Inns of Court confront uch. Lord Chancellor after Lord Chancellor whenever obliged to speak of our profession is able conscientiously to extol our good deeds to the skies and to tell the public that there is no higher avocation than that of solicitor family solicitor say, trusted with every secret, th keeper of the clients' very consciences; or again the active and zealous political agent is often a solicitor. The head and chief for years of some large municipality expending much time and money in discharge of important public duties is frequently a solicitor. What would not the astonishment of solicitors be if some morning the daily papers announced that Mr. So-and-So, attorney-at-law, in consequence of the services rendered here or there, or in this or that direction, had been appointed to a judicial office of distinction, or say that the President of the Council of the Incorporated Law Society had, at the instigation of the Prime Minister or the Lord Chancellor, been appointed to this post or that office in recognition of his services to his profession and in recognition of the large share of public service undertaken by solicitors throughout the country. Whatever the exertions or standing of a solicitor in his profession, it is unusual to recognise such in any way. It is therefore with the utmost gratification that we learn that a Conservative Prime Minister again steps out of the beaten track. Mr. Philip Rose (formerly of the firm of Messrs. Baxter, Rose, Norton, and Co.) has had conferred upon him the honour of a baronetcy. Sir Joseph Heron, a solicitor, is town clerk of Manchester, and Sir W. R. Drake, a solicitor, is a member of the firm of Messrs. Bircham Dalrymple, Drake and Co. The distinction in the cases of the first and last named gentlemen was for political services, and that of Sir J. Heron we believe for professional services in relation to municipal work. We trust that higher distinction is in store for solicitors, and that they are yet to be entrusted with the duties of new offices connected with their profession, for which they are so often especially qualified.

from a solicitor upon the subject of the action of the same learned Judge towards a solicitor in a case which came before him on circuit at Norfolk, to which we again call attention. In both cases the attorneys were exercising their accustomed functions, and his Lordship went the length of ordering the solicitors in question to sit down, or be quiet, a species of phraseology usually adopted by Judges towards ignorant and offensive witnesses, or, at all events, not generally applied by to members of their them own profession. Surely Mr. Justice Brett must forget the functions of an attorney-at-law, otherwise we cannot explain his improper treatment of solicitors whose misfortune it is to appear before him. The following is that which we refer to above as having occurred on the trial of Jean Luie. As the learned Judge entered the court, Mr. Edward Lewis stood up in front of the dock, and was about to speak to the prisoner, when should interfere with the proceedings in a court of Mr. Justice Brett said: It is not right that anybody justice unless they are engaged in the case being inquired into.

Mr. Edward Lewis.-I am the solicitor of this man, and I have applied for permission to see him. Mr. Justice Brett.-You are his solicitor, and that is enough. Mr. Lewis.-Will your lordship allow me to have a few words?

Mr. Justice Brett.-Certainly not.
Mr. Lewis.-My lord-

Mr. Justice Brett.-I say certainly not. I will listen to no one but counsel.

Mr. Lewis here exchanged a few words with the

prisoner in the dock from the gangway below the attorneys' seat.

Prisoner.-Can I have the witness Janes, my lord ? May I be permitted to call him?

Mr. Justice Brett.-If you wish it. not answer to his name. The witness Janes was called by the usher, but he did Inspector Clark.-I have searched everywhere about the court for Jaues, but I cannot find him here. Prisoner. Then call Captain Brown.

Mr. Justice Brett (to prisoner).-Just let me advise you. I see people suggesting things to you. Just beware of what they are doing. They are pretended friends. Now, exercise your own judgment. You are quick and intelligent enough; then don't be made the tool of other people. Now, do you wish of your own accord that Capt. Brown should be called? If you do, he shall be summoned-if you think he would do you any good. Prisoner.-I think he can do me some good.

Mr. Justice Brett.-You think he cau? Then let him be called. Let the man Brown, who is in prison here, be called. Is there any other "Captain" Brown? [After further conversation, Mr. Lewis went up to the dock, and handed a slip of paper to the prisoner.] Mr. Justice Brett.-Yon be quiet, sir.

Mr. Lewis.-My lord, I submit I have a right to advise this man.

Mr. Justice Brett.-You be quiet, and do nothing without my leave.

It occurs to us that there may have been a momentary delusion in the mind of the learned Judge as to which was the Attorney and which the prisoner in the case. This is rather borne out by applying the language used to one to the other, and vice versa.

THE action of the House of Commons, in rejecting the second reading of Mr. Bass's Bill, which had for its object to abolish the power of County Court judges to commit to prison, will be approved by the great body of solicitors throughout the country, simply because if the Bill had become law small creditors would have been practically deprived of their only means of enforcing payment of debts from unscrupulous and dishonest debtors, and the working classes would have obtained no credit. It is most unfortunate that the judges of the Superior Courts do not more freely exercise that power as to commitment which the Daily Telegraph erroneously thinks is used excessively, and it is not surprising that at a recent meeting of the Chambers of Commerce it should have been resolved that imprisonment for debt should be revived, for the losses to traders are now annually serious, in consequence of its abolition.

OUR municipal law sadly needs amendment in reference to the two following subjects, one as regards the requirement which at present exists for all borough aldermen to reside within seven miles of the borough of which they are aldermen. This was strongly illustrated by the recent case of a solicitor who, while having his office and a large practice, in the borough, had-after having been a member of the council for many yearsremoved his residence to a distance exceeding seven miles from the precincts of the borough, the result being that his qualification ceased. The other point is that which requires an alder. man or town councillor seeking to fill an office under the corporation, or connected with it, to resign the office of alderman, &c.. before be coming a candidate for such office. We know a case in which two solicitors, who were both alder. men of long standing, resigned their offices on becoming candidates for the office of clerk to the borough justices, and who, not being elected, were afterwards returned to the council, but not as yet to the aldermanic bench.

WE understand that early in the present year considerable correspondence took place between certain justices' clerks in Suffolk, and the Secre tary of State for the Home Department, upon the subject of the Returns which they are constantly called upon to make, and for which they get no remuneration. It is probable that the subject will be shortly brought before the House of Commons, and we hope on a future occasion to publish the substance of the correspondence in question. There was a meeting yesterday at the Law Institution of the Justices' Clerks Society, when, we believe, this question was mentioned.

THE following lectures and classes are appointed for the ensuing week at the hall of the Incorporated Law Society, Chancery-lane, for the instruction of students seeking admission on the roll of attorneys and solicitors: Monday, class, 4.30 to 6 o'clock, Equity; Tuesday, class, 4.30 to 6 o'clock, Equity; Wednesday, class, 4.30 tc 6 o'clock, Equity; Friday, lecture, 6 to 7 o'clock, Equity. To prevent interruption at the lectures, subscribers are not admitted to the hall after a lecture has commenced.

a

THE dignity of our branch of the Profession is at all times best guarded by extreme punctiliousness in avoiding anything approaching to A letter we publish service of two masters. to-day, from a solicitor, relating to a practice which obtains in Parliamentary elections of a town clerk advising the mayor as to his duties, &c., on the one hand, and acting as political agent of a candidate on the other hand. The observations of the late Mr. Stone (solicitor and town clerk of Leicester) upon this subject are most acceptable. They are contained in the letter in question.

WE publish a letter received from a solicitor upon the subject of the proposed legislation affecting articled clerks. It is not without importance as reflecting new light on the matter, and, although we cannot entirely adopt the view o our correspondent, we feel that something more than that proposed by the Attorneys and Solici tors' Bill is necessary. The dignity of the Pro fession it is more than ever necessary to uphold in these days, and the measure in its present form allows too great a latitude. An affidavit

should be required from the articled clerk and his principal, also from the person or persons in connection with whom the proposed employment is to be undertaken. It is to be observed that while gentlemen are studying for the Bar, they can follow any other usual occupation except that of attorney, solicitor, &c., as provided for by the consolidated general regulations of the Inns of Court.

A special General Meeting of the Incorporated Law Society is appointed to be held in the society's hall, Chancery-lane, on the 8th of May next, at 1.30 p.m., to take into consideration the proposed union of this society with the Metropolitan and Provincial Law Association; also to consider the expediency of offering to the younger members of our branch of the Profession some further encouragement to join the society. The former will be adopted as a matter of course; the latter subject offers a considerable field for argument as to the details of the proposal, while the necessity for offering the further encourage. ment suggested in the circular we print elsewhere is altogether beyond question.

-

NOTES OF NEW DECISIONS. PARTNERSHIP· CONTRACT FOR WORKS DEATH OF CO-CONTRACTOR-RIGHTS OF REPRESENTATIVES OF DECEASED CO-CONTRACTOR.Five persons entered into a contract with a foreign government for the construction of certain works. Before the works had been begun one of the contractors died, having appointed his brother and his two sons executors and trustees of his will.

An agreement was subsequently drawn up between the four surviving contractors and the executors and trustees of the will of the deceased contractor, by which it was provided that the contract with the foreign government should be carried out on the joint account of the co-contractors, and in the best interests of all concerned in the contract, and that the executors and trustees of the will of the deceased contractor should be sleeping partners, the surviving contractors being the acting partners. This agreement was signed by the surviving contractors before the will of the deceased contractor had been proved, the names of the executors and trustees being left in blank in the agreement. Subsequently the brother of the deceased contractor renounced probate and disclaimed, and his sons proved the will and signed the agreement. The surviving contractors alleged that they had entered into the agreement on the faith of having the brother of the deceased contractor responsible under it and filed a bill to set aside the agreement, and praying for a declaration that the partnership in the contract was dissolved by the death of the deceased contractor, so far as his estate was concerned, and that it might be wound-up: Held (reversing the decision of Bacon, V.C.) that in dependently of the agreement, the legal personal representatives of the deceased contractor were entitled to share in the profits, and were liable to contribute to the losses under the contract, and that they were entitled to have such profits or losses ascertained by having the contract completed. Held, also that the agreement was intended to be between the surviving contractors and the persons who should prove the will of the deceased contractors, as was proved by the names of the latter being left in blank, and that the greement was binding on all parties: (M'Clean v. Kennard, 30 L. T. Rep. N. S. 186. Chan.)

CREDITOR AND DEBTOR-AGREEMENT TO TAKE LESS THAN ORIGINAL DEBT.-A. obtained a judgment against B. for a sum of £563 12s. 10d., but agreed to take £200 in discharge, B. giving three acceptances for that sum, and depositing some waggons as security. If none of the bills were paid at maturity the judgment to be enforceable against B. The last of the bills would mature in March 1871. B. subsequently made payments on account of the bills, and another settlement of account took place in March 1871, when A. claimed £118 11s. 5d., as the balance due on B.'s three acceptances, and it was agreed that B. should give his acceptance for that sum in full of all demands under the three acceptances or otherwise, and deposit certain title deeds as security. B. did not pay the bill for £118 118. 5d. at maturity, but tendered the money four days after it had been presented to his bankers, which A. refused, declining also to give up the waggons and title deeds. Held, that as B. had not performed the terms of the first agreement, A. was remitted to his original right as existing at that time, and was at liberty to enforce the judgment: (Barton v. Hobson, 30 L. T. Rep. N. S. 230. V.C. B.)

LAW OF LOWER CANADA-CIVIL CODE, ART. 1190-WILL-ALIMENTARY ALLOWANCE "COMPENSATION "-EXECUTOR.-By the law of Lower Canada, as laid down in the Civil Code Article 1190, a debt arising in respect of an alimentary allowance is generally incapable of being the subject of "compensation." Therefore in a case in

which a testator bequeathed "the revenue of my estate to my wife and children and the lawful issue of the latter as an alimentary pension or allowance until the accomplishment of the majority of my youngest grandchild," with a proviso against incumbrances and anticipation; and one of his sons, who was also an executor and trustee of the will, was heavily indebted to the estate. Held (affirming the judgment of the court below), that he was not bound (1) to suffer "compensation," .e., to have the instalments of income due to him under the will set off against his debt, either in satisfaction of the interest or diminution of the principal; or (2) to make a "rapport" to the estate, i.e., to bring his debt or the interest thereon into the common fund, even though the will contained a direction to the trustees "to reduce the residue into possession without delay." The law of Lower Canada does not recognise the distinction between law and equity, and the functions and powers of an executor are by no means the same as in England; and, therefore, Semble, that the English doctrines (1) that a debt due from an executor is assets in his hands, and (2) that a trustee or executor cannot take anything out of the estate while he remains indebted to it, do not obtain there: (Muir and others v. Muir, 30 L. T. Rep. N. S. 205. Priv. Co.)

COURT OF QUEEN'S BENCH (IRELAND). Thursday, April 16.

(Before the LORD CHIEF JUSTICE, O'BRIE FITZGERALD, JJ.)

WHITE AND HART v. CARROLL. English suitors in Ireland-Security for costs— Judgment Extension Act.

Jordan, on behalf the defendant, moved that the plaintiffs should be compelled to give security for costs, as they were resident in England, and, therefore, beyond the jurisdiction of the court. There was the usual affidavit that the defendant had a good and valid defence. The plaintiffs are merchants in Great Tower-street, London; the defendant is a trader in Roscommon, and the and delivered. action is brought to recover £23, for goods sold

The LORD CHIEF JUSTICE said that a defendant in Ireland, wrongly sued by a plaintiff in England or Scotland, need suffer no inability to recover his costs against the plaintiff. Under the Judgment Extension Act, passed in 1868, a judgment obtained here might be registered against a party in England or Scotland, as a judgment obtained there might be registered against a party in Ireland. Moreover, the Act provided that the costs of the registration of the judgment should be added to the amount of the judgment. The English courts had lately decided that a person resident in any part of the United Kingdom need not give security for costs on suing a person resident in a different part. The three kingdoms were united, he hoped indissolubly, 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. O'BRIEN, J. concurred.

FITZGERALD, J. rejoiced that this court now dealt once and for all with motions for security

for costs in cases brought before it, in which the plaintiffs resided in England or Scotland. The practice of compelling security for costs in such cases was not founded on any statute, although it was not unreasonable at a time when the three other. The provisions of the Judgment Extension kingdoms were more or less independent of each Act were brought before Parliament in 1855, yet such was the force of the prejudice that it was not passed till 1863, fears being entertained that its effect would be to render the courts here merely auxiliary to those in England. He rejoiced that they had now disposed, once and for all, of a practice which, since the three kingdoms had been a United Kingdom, was a disgrace to our law. The court made no rule on the motion.

MANSION-HOUSE POLICE COURT. MR. JOHN PATMORE WALLS, a solicitor in Walbrook, was charged before Alderman Sir Sydney Waterlow, M.P., with misappropriating securities entrusted to him as an attorney, with a direction in writing, contrary to the Act 24 & 25 Vict. c. 96, and with incurring a liability of £114, by means of fraud, in contravention of the Debtors' Act 1869.

Wontner, solicitor, conducted the prosecution. The prisoner defended himself.

The complainant, Mr. William Henry Warre Smith, a merchant, in business at 117, Leadenhall. street, deposed that in Dec. 1872 he employed the prisoner. Mr. Walls, to prove the will of his late sister, Miss Mary Jane Smith. On the 5th Dec. the prisoner called upon him at his office, and handing him a paper, stated that the amounts set out in it were those of the duties payable on the legacies under the will. With the paper before

THE LEGAL PROFESSION. SOLICITORS, AND WHAT CONCERNS THEM AS

SUCH.

(By CHARLES FORD, Solicitor.)
Introduction.

A PAMPHLET (a) lately issued, containing remarks upon the Jurisdiction of the Inns of Court, commences thus: "All institutions are on their trial." The present writer hopes and believes that this is strictly so-especially in reference to the constitution and rules of the Inns of Court-and in addition that the professional rela tionship of solicitors to the other branch of the Profession is, ere long, to undergo considerable change, and which would assuredly follow from a thorough organisation amongst solicitors throughout the country, and from a knowledge to be ingrafted upon the public mind of the actual condition of things. The prime object, however, of the writer in addressing himself through the medium of a pamphlet to his brothers in the Profession is to direct their attention to the serious, and in fact unjustifiable encroachments upon their rights which have taken place at the instigation of members of the other branch of the Profession, which encroachments have had for their object (in part already realised) the advancement of the interests of barristers-at-law to the immediate detriment of solicitors. The writer also proposes to direct attention to statutory provisions affecting solicitors which should be repealed, and to matters affecting solicitors which require to be dealt with by legislation. The title above will, no doubt, be considered by some too ambitious, in view of the subject matter which it contains and the object which the writer has in view. A matter which will

always be of interest to those of us who feel any pride or take any interest in our profession, is that of the origin of Attorneys-at-law, as to which the most valuable contribution of late fession" (b), viewed in the light of its past hisprobably is a work entitled "The Legal Protory, its present state, and projected law reforms. earlier date, is "A Sketch of the Early History of Another contribution upon this subject, of rather Legal Practitioners, and of the Inns of Court and Chancery." (c) The authors of these deal more or less exhaustively with the earlier literature contributed by members of the Profession upon this question. The author of the present pamphlet while conscious, from a perusal of the works referred to, and other independent research into the matter, that the question has not been satisfactorily settled, or at all events, that in his mind considerable doubt still exists as to when, and the precise circumstances under which, the profession of attorney-at-law first existed, is content, for the present, to leave the subject as he finds it, feeling satisfied that the evil which he aims at exposing, is still increasing, and in fact now assumes such serious proportions that it needs to be dealt with without delay, and that all liberal-minded men will join in denouncing it, and assist in a work of reform which, if accomplished, must prove not only of great advantage to the public, but will tend to establish the legal profes sion generally upon a more solid basis suited to the requirements of the times and modern ideas.

(a) By Fredk. Calvert, Esq., Q.C.

(b) By W. T. Charley, Esq., D.C.L., M.P. (c) By Thomas Marshall, M.A., Attorney-at-Law. :