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As to many of the encroachments of the Bar npon the privileges of solicitors, some of a direct and others of an indirect kind, the author has been unable to discover, or at all events satisfactorily to settle, their origin; yet sufficient is known of them to justify the belief that they have come from the deliberate action of the Government from time to time under the influence of the Bar, or else at the instigation of the Bar direct. Amongst these must be included the offices of Attorneys and Solicitors-General, posts now filled as well in the colonies and our foreign dominions as at home, by members of the Bar. Although as to our colonies there is now no distinction between members of the Profession, each exercising every function of a lawyer, yet the monopoly of the English Bar is greatly felt and much complained of there, the practice being to pass over all competent colonial lawyers for the purpose of supplying to English barristers having influence responsible post such as judge, which, it may be, his want of capability rendered him unfit for at home. Compared with the origin of the office or profession of attorney-at-law, the designation of Attorney-General is of somewhat recent date, and was adopted, as also that of Solicitor-General about the same time, by members of the Bar, possibly for the purpose of misleading the ignorant public of those times as to the duties of these public officers; adopted, too, at a time when the common attorney was utterly helpless to resist what some will call nominal encroachments, and when the expression "solicitor" was only in use to a limited extent, in relation to the business of those tribunals now known as the Courts of Chancery.

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It will be complained that the writer does not furnish some precise data as to the origin of the names Attorney and Solicitor-General, which would entail a large amount of research from sources not altogether dependable; hence the author is content to leave these names or designations to speak for themselves.

to which the writer is directing attention. The
best guarantee for the reform which is wanted
would be found in the public press taking up the
question in the interests of the public; but unfor-
tunately for the public, the editorship of lay as
well as legal journals is largely in the hands of
members of the higher branch of the Profession,
who, while they, and many others filling all kinds
of offices, cannot be designated lawyers, yet very
properly stick to their cloth and the so-called
dignity, honour, and independence of the Bar,"
which let no one impugn, but as to which let all
admit that members of other professions can be
and are possessed of equal virtues.
Let us pass from the subject of the exclusion of
attorneys from a right of audience in the Superior
Courts, a question more for the public than solici-
tors, although essentially an encroachment upon
our rights, to a consideration of the so-called
offices of "Solicitor to the Treasury," and similar
positions filled by members of the Bar in the
other public departments of the State.

(To be continued.)

UNCLAIMED STOCK AND DIVIDENDS IN THE
BANK OF ENGLAND.

[Transferred to the Commissioners for the Reduction of the
National Debt, and which will be paid to the persons
respectively whose names are prefixed to each in three
months, unless other claimants sooner appear.]
BREEZE (Jas.), Aylsham, Norfolk, clothier, £523 19s. 7d. New
Three per Cent. Annuities. Claimant, Jas. Breeze.
CRESSWELL (Right. Hon. Sir Cresswell), Prince's-gate,
Hyde-park, Middlesex; £6000 Three per Cent. Annuities.
Claimant, said Right Hon. Sir C. Cresswell, knight.
EATON (Rev. Thos.), Eastham; BRYANS (Rev. Francis),
Backford; and GLEADOWE (Rev. Richard Wm.), Neston,
all in Cheshire; £31 78. 7d. Three per Cent. annuities.
Claimants, said Rev. Thos Eaton, Rev. Francis Bryans,
and Rev. Richard W. Gleadowe.

HEIRS-AT-LAW AND NEXT OF KIN.
ROSE (Geo. Frederick), formerly of Pickett-street, Strand,
cheesemonger, late of 28, North Bank, St. John's Wood,
Middlesex. Next of kin to come in by May 22, at the
chambers of V.C. M.; June 2, at the said chambers at
twelve o'clock, is the time appointed for hearing and adju.
dicating upon such claims.

APPOINTMENTS UNDER THE JOINT-STOCK
WINDING-UP ACTS.

An encroachment of a far more substantial kind is that which led to the exclusion of attorneys-atlaw from the right of audience in the higher tribunals of the country. This is exhaustively dealt INTERNATIONAL LIFE ASSURANCE SOCIETY.-Creditors to send

in by May 30 their names and addresses, and the particu-
lars of their claims and the names and addresses of
their solicitors (if any), to F. Maynard, 55, Old Broad-
street, London. June 8, at the chambers of V.C. M., at
two o'clock, is the time appointed for hearing and adjudi-
cating upon such claims.
TAHITI COTTON AND COFFEE PLANTATION COMPANY (LI-
MITED). Petition for winding-up to be heard May:1,
before V.C. M.

CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOF.

DURRAN (Thos.), King-street, Hammersmith, Middlesex,
wine merchant. May 20; T. A. Jones, solicitor, 40, Chan-
cery-lane, Middlesex. June 10; V.C. B., at twelve o'clock.
GUNTER (John), Colehill, Fulham, Middlesex, gentleman.
May 18; F. Robinson, solicitor, 36. Jermyn-street, St.
James's, Middlesex. May 22; V.C. M., at twelve o'clock.
KING (Sarah), Great Grimsby, Lincoln. May 16; Grange
and Wintringham, solicitors, Great Grimsby. May 29;
M.R., at twelve o'clock.

LYONS (Elizabeth), 10, Artillery-place, City-road, and 128,
Alexandra-road, St. John's-wood, Middlesex, and of 14,
16, and 18, Wilson-street, Finsbury, Middlesex. May 25;
A. E. Sydney, solicitor, 46, Finsbury-circus, London.
June 8; V.C. H., at twelve o'clock.
TAYLOR (Harrlet H.), late of Rockleaze, Westbury-upon-
Trym, Gloucester. April 30; E. A. Harley, solicitor, St.
Werburgh's-chambers, Small-street, Bristol. May 7;
V.C. M., at twelve o'clock.
WADMAN (Peter), Leeds, flour dealer. May 16; A. G.
Ditton, solicitor, 9, Ironmonger-lane, London. May 29;
M.R., at twelve o'clock.

with in the works of Mr. Charley and Mr. Marshall
before referred to, and needs no further comment
here, as it is admitted on all hands to be the fact, or
at all events, such only can be inferred from the
Statute of Carlisle, which, read by the light of the
procedure of the time, says Mr. Marshall, points to
the conclusion that in the 14th century attorneys
enjoyed a right of audience in the Superior Courts
at Westminster. It is certain that in those
times attorneys could and did conduct the entire
suit of the client, which Sir Sidney Waterlow
and Mr Ayrton would again welcome-at least,
BO the writer gathers from the last pub-
lished report of the Judicature Commissioners.
The opinion of Mr. Ayrton in favour of allowing
the public to have the opportunity-if they choose
-of instructing one lawyer, and one only, to
carry on a suit to its terminatios, is evident from
his observations on the establiment of Tri-
bunals of Commerce, in which he complains
of the delay necessary "in order to have every
representation to the court, it may be said,
filtered, and perhaps mystified, through a single,
or even double, legal agency." Šir Sydney
Waterlow on the same subject expresses him-
self in favour of Tribunals of Commerce, because
"suitors should be able to obtain
a deci.
sion more promptly and much less expensively ALLEN (Wm. P), Hamlet of Eaton, Norwich, gentleman.
than in the Superior Courts, as now consti-
tuted and regulated. The present system, too,"
he adds, "frequently inflicts on the suitor a long
pending, worrying law suit, the solicitors on either
side pleading in their client's interests every
technical point," and so on. These are the
opinions of laymen, which, though not correctly
describing the actual working of the present
system, point to a feeling in the public mind that
the present modus operandi of conducting an
action at law or a suit in Chancery is not suited to
modern ideas upon the subject. It should perhaps
be observed in passing that Sir Sydney sails wide
of the mark when he complains of "solicitors
pleading every technical point," &c. It is the
expensive and now obsolete system of plead-
ing, which, with counsel's fees and other disburse-
ments, so much increases a bill of costs, that soli-
citors complain of. If important cases can be
dealt with in County Courts without pleadings, why
not so in the Superior Courts ? It is to be hoped
that the Judicature Act will give to this practice
the necessary quietus which the terms of the Act
promise.

The writer has stepped aside to consider for a moment the latest expressed views of laymen on the subject of the "double legal agency" question, not so much because he himself may incline to the opinion that solicitors should have restored to them their former right of audience in the Superior Courts, as because there is an undoubted feeling on the part of the public that to pay one lawyer in one matter is quite enough; and there is a close relation between this subject and that

CREDITORS UNDER 22 & 23 VICT. c. 35.
Last Day of Claim, and to whom Particulars to be sent.
June 12; Whites and Co., solicitors, Wymondham.
ARMSWORTH (Elizabeth), 6A, Belvedere-road, Lambeth,
Surrey, widow. May 18; G. W. Barnard, solicitor, 167,
BAILY (Richard), late of Rose-villa, Terrace-road, Cal-
Westminster Bridge-road, Lambeth.
thorpe-road, Banbury, Oxford, formerly of 23, Cornhill,
Banbury, woollen draper and tailor. May 23; Wm.
Newman, solicitor, 24, Bucklersbury, Londen.
BARNES (Jas.), Ewood-bridge, near Haslingden, carrier.
May 16 Samuel and S. Woodcock, solicitors, 9, Henry-
street, Bury, Lancashire.

BARNETT (Thos. Wm.), 72, Fore-street, Limehouse, Middle-
sex, surgeon. June 1; P. Johnston, solicitor, 35, Bed-
ford-row, London.

BERRY (Arthur F.), formerly of the Wheatsheaf, Edgware-
road, Middlesex, licensed victualler, late of 217, Maida-
vale, Middlesex, gentleman. May 10; Fielder and Sumner,
solicitors, 14, Godliman-street, Doctors'-commons, Lon-
don.

BASS (Isaac A.), 107, Gower-street, Bedford-square, Middle-
sex, umbrella manufacturer. July 11; Beyfus and Bey-
fus, solicitors, 69, Lincoln's-inn-fields, London.
BRADLEY (Wm.). Sheffield, common brewer. May 21; J.
and G. E. Webster, solicitors, 8, Hartshead, Sheffield.
BROWN (Horace C.), Captain in the R. A. May 1; M.
and F. Davidson, solicitors, 35, Spring-gardens, Lon-
don, S.W.
BUDGEN (Capt. John), R.N., 123, Ball's-pond-road, Middle-
sex. June 10; Loxley and Morley, solicitors, 80, Cheap-
side, London.

BUTCHER (Wm.), Five Oaks, Broomhill, Sheffield, mer-
chant. June 25; A Smith and Son, solicitors, 26, Castle-
street, Sheffield.

CALDECOTT (Celia), Wibtoft, Leicester, widow. June 24;
E. Harris, solicitor, Rugby.

CARTER (James), formerly of Thornhill-road, Islington,
late of St. Paul's-road, Canonbury, Middlesex, gentle-
man. May 12; Depree, Austen, and Justsum, solicitors,
3, Church-court, Old Jewry, London.
CHAFY (Wm. W.), Bowes House, Ongar, Essex, and 3,
Brunswick-terrace, Brighton, Esq. June 1; Currie and
Williams, solicitors, 32, Lincoln's-inn-fields, London.
COLE (James), Gateliff, Godshill, Isie of Wight, yeoman.
June 18: J. A. Mew, solicitor, Newport, Isle of Wight.
COONEY (Edmond), 13, Gower-street, Bedford-square, Mid-
dlesex, gentleman. May 11; Beyfus and Beyfus, solici
tors, 69, Lincoln's-inn-fields, London.

De Ros (Right Hon. Wm. Lennox Lascelles Baron). May
1; Grover and Humphreys, solicitors, 4, King's Bench-
walk. Temple, London.

DIAS (Rebecca), Barrow's-almshouses, Barrow's-buildings,
Devonshire-street, Mile-end, Middlesex, spinster. May
20; G. and A. Lindo, solicitors, 12, King's Arms-yard,
Moorgate-street, London.
DIGBY Charles W.), Studland Manor, Wareham, Dorset,
and 13, Eaton-square, Middlesex, Esq. July 15: Routh
and Stacey, solicitors, 14, Southampton-street, Blooms-
bury, London.
DILLOW (Thomas), High-street, Chingford, Essex, gentle
man. June 1; F. W. J. Terry, solicitor, 27, Gresham-
street, London.

DowSETT (Frederick R.), Severn Lodge, Berkeley, Glou-
cester, contractors' agent. May 14; Wm. T. Elliott, 5,
Verulam-buildings, Gray's-inn, London.
DUDLEY (John C.), 6, Broad-street, Oxford, gentleman.
June 1; R. S. Hawkins, solicitor, 7, Broad-street,
Oxford.

EMERY (Mary), formerly of Southsea, late of Fir Grove,

West-end, South Stoneham, Southampton, spinster.
June 15; W. and H. G. Best, solicitors, Southampton.
EVANS (Josiah), Heyes-within-Haydock, Lancaster, Esq.
May 16; Davies and Brook, solicitors, Market-place,
Warrington.
EVEREST (Rev. Robert), formerly of Park-street, Grosvenor-
square, afterwards of 50, Cleveland-square, Hyde-park,
Middlesex, and late of Westwick House. Ascot, Berks.
May 17; Styan and Neilson, solicitors, 4, Stone-buildings,
Lincoln's-inn, London.
FELLOWES (John), Beeston Field, Beeston, Nottingham,
banker. July 1; Enfield and Dowson, solicitors, Notting-
ham.
FOWNES (Henry G.), formerly of Clifton, Gloucester, late of
Redcliffe-road, West Brompton, Middlesex, barrister-at-
law. June 20; G. Carew, solicitor, 9, Lincoln's-inn-fields,
London.
FRENCH (Lieut.-Gen. Henry J.), 17, Belgrave-road, Pim-
lico, Middlesex. June 17; Carlisle and Odell, solicitors,
8, New-square, Lincoln's-inn, London.
GARRAD (Mary), Rotchetts, near Brentwood, Essex,
domestic servant. May 31; G. Lucas, solicitor, 186, Stoke
Newington-road, Middlesex.

GOEZ (Henry John A.), formerly of the Crystal Palace
Hotel, Norwood, Surrey, late of Connaught House,
Montpelier-road, Brighton, gentleman. May 11: R. and
A. Russell, solicitors, 59, Coleman-street, London.
GREEN (Mary A.), 5, Paulton-square, Chelsea, Middlesex,
spinster. June 1: F. Robinson, solicitor, 36, Jermyn-
street, St. James's, Westminster, S.W.
GREENWOOD (Thos.), Strawberry-hill, Pendleton, Manches-
ter, cotton manufacturer. May 30; J. P. and J. T. Sutcliffe,
solicitors, Hebden Bridge.

GUSTARD (Ralph), late of Heddon-on-the-Wall, Northum
berland, farmer; formerly of Newcastle-upon-Tyne,
grocer. May 20; Allan and Davies, solicitors, 23, Grainger
street, Newcastle-upon-Tyne.

HALSTED (Vice-Admiral Edward P.), formerly of 85, Ebury-
street, Pimlico, Middlesex, late of Haslar Hospital, Go-
port. May 1; Currie and Williams, solicitors, S, Lin-
coln's-inn-fields, Middlesex.

HAMBLETON, Elizabeth Ann (and not Humbleton, as inaccu-
rately described in LAW TIMES April 11), No. 1, York-ter-
race, Nottingham-gate, Regent's-park, Middlesex, widow.
May 30; Mason and Withall, 18, Bedford-row; Ayerst,
Francis, 2, Great College-street, Manchester.
HARRIS (Hon. and Rev. Chas. A. Bishop), Torquay. Juno
1; Rev. H. O'Brien, Cordoagh, Cootehill, Ireland.
HERRON (Maria), late of the Clock House, Beckenham,
Kent, formerly of Clarendon Lodge, Tulse-hill, Surrey,
spinster. June 24; Cowdell, Grundy, and Browne, soli-
citors, 26, Budge-row, London.

HOLLYER (Anna) Penzance, widow. May 11; Rodd and
Cornish, solicitors, Penzance.

HOLMES (Rachel), 17, Thornhill-square, Islington, Middle-
sex, widow. May 25; Geo. Wm. Hussey, solicitor, 5,
Knightrider-street, Doctors' commons, London.
HOLMES (Samuel), formerly of 3, Great Knightrider-street,
Doctors'-commons, London, and 23, Stonefield-street,
Cloudesley-square. Islington; and late of 7, Staple-inn,
London, and 17, Thornhill-square, Islington, Middlesex,
solicitor. May 26; Geo. W. Hussey, solicitor, 5, Knigh
rider-street, Doctors'-commons.

JAMES (Thomas), 21, Threadneedle-strect, and of Haven
Green, Ealing, London, stockbroker. May 29; H. W. M.
Jackson, solicitor, 25, Lincoln's-inn-fields, London.
LARARD (Henry), 22, Clapham-road, Surrey, watchmaker.
May 80; F. Norton, solicitor, 10, Clifford's-inn, Fleet-
street, London.

Chelsea,

LIPSCOMBE (Samuel), 29, Marlborough-road,
Middlesex, carpenter. May 12; T. H. T. Rogers, solicitor,
6, Dane's Inn, Strand, London.

MORTIBOY (Thos.), St. Helier's-park-road, Southborough,
Kent, gentleman. May 14; Wm. T. Elliott, 5, Verulam-
buildings, Gray's-inn, London.

MURGATROYD (Wm.), Horton Bank, Top Horton, Bradford,
gentleman. May 13; J. Green, solicitor, 2, Alderman-
bury, Yorks.

NUNN (John), 23, Euston-square, and 44, Lamb's Conduit
street, Middlesex, gentleman. May 30; Hume, Bird, and
Bird, solicitors, 10, Great James-street, Bedford-row,
London.

O'MEARA (Bernard), formerly of the Island of St. Thomas
West Indies, late of Southampton, inspector of inter
colonial ships' accounts in the service of the Royal Mai
Steam Packet Company. June 15; Reep, Lane, and Co.
solicitors, 9, Bush-lane, Cannon-street, London.
POOLE (Jane D.), The Ferns, Holmesdale-road, Sonth Nor
wood, Surrey, widow. May 23: A. F. and R. W. Tweedie,
solicitors, 5, Lincoln's-inn-fields, London.
RAINES (Robert), 5, Granville-terrace, Beverley-road, King.
ston-upon-Hull, oil and tallow merchant. June 9; J. A.
Jackson and Son, solicitors, 22, Parliament-street, Hull.
RODER (Johann G.), late of Grand Ducal, Saxe Weimar,
Germany, citizen and gentleman, and formerly Grand
Ducal Court musician. June 1; Wm. J. Myatt, solicitor,
2, Abchurch-yard, Cannon-street, London.
ROSSITER (Chas.), Brookfield House, Cheltenham-road,
Bristol, gentleman. June 1; Stanley and Wasbrough,
solicitors, 12, Royal Insurance buildings, Corn-street,
Bristol.
SCHALCH (Major Andrew O. Wm.), Woolwich, Kent. May
1; Grover and Humphreys, solicitors, 4, King's Bench-
walk, Temple, London.

SEWARD (Henrietta S. C.), 20, Portsea-place, Middlesex,
widow. June 1; J. Crowdy, solicitor, 17, Serjeant's-inn
Fleet-street, London.

SILSON (John), formerly of Bradford, late of Providence Cottage, Boston Spa, Tadcaster, York, gentleman. Mas 25; J. Green, solicitor, 2, Aldermanbury, Bradford. SNEYD (Rev. John), formerly of Ashcombe-park, Stafford, late of Woodlands. June 7; Challinor and Co., solicitors. Stafford.

SOMERVILLE (Henry), 90, New Bond-street, Middlesex, merchant. May 10; J. H. Somerville, surgeon, Bloxwich, near Walsall, Staffs.

SPEAKMAN (John), Pennington, Leigh, Lancaster, colliery
proprietor. June 24; Marsh, Buckton, and Jeans, soli-
citors, Warrington.

STEVENS (Martha), Broadlands, St. John's, Ryde, Isle of
Wight, widow. July 1; H. A. Dowse, solicitor, 6, New
Inn, Strand, Middlesex.

STIRLING (Edwd., otherwise Edwd. Hamilton), Stirling
Castle, Mont au Prêter, Island of Jersey, Esq. June 1;
W. and J. Flower and Nursey, solicitors, 1, Great Win-
chester-street-buildings, London.

STOCKS (John, Moor Grange, Beeford, York, gentleman,
June 10; Foster and Co., solicitors, Great Driffield.

TEEVAN (Michael), formerly of 22, Kensington-crescent,
late of 2, Stanhope-terrace, Gloucester-road, South Ken-
sington, Middlesex, Esq. May 26; Ward. Mills, and
Witham, solicitors, 1, Gray's-inn-square, Middlesex.
VENESS (Rebecca), 22, Albert-road, Norbiton, Surrey,
widow. May 21; Wordsworth, Blake, and Co., solicitors,
South Sea House, Threadneedle-street, London,
WHITE (Eliza), 28, Woburn-square, Middlesex, widow.
June 8: Norton and Co., solicitors, 6, Victoria-street,
Westminster.

WHITEHEAD (Wm.), formerly of Queen's Hotel, Alfreton-
road, Nottingham, licensed victualler, afterwards of 28,
Forest-road, late of Buttery-terrace, Nottingham, gentle-
man. June 1: Towle and Gilbert, solicitors, 17, Low
Pavement, Nottingham.
WINDER (John), formerly of Wavertree, Lancaster, late of
Ulverston, gentleman, May 7; G. Remington, solicitor,
Ulverston.
WRIGHT (John), Barnsley, York, rent collector. July 1;
Dibb and Raley, solicitors, Barnsley.
WRIGHT (Simeon), Manor Farm, East Acton, Middlesex,
farmer. July 31; Charles Rogers and Son, solicitors, 7,
Westminster-chambers, Victoria-street, Westminster.

REPORTS OF SALES.

Thursday, April 16.

By Messrs. WINSTANLEY and HORWOOD, at the Mart. Kingston-on-Thames.-A freehold house, with shop-sold Buckhurst Hill.-Residence called Fern Bank, and 2a. Or. 2 p., copyhold-sold for £140.

for £2120.

By Messrs, NEWBON and HARDING, at the Mart. Barnsbury.-No. 10, Brunswick-street, term 45 years-sold for £295.

Camberwell.-No. 17, De Crespigny-park, term 76 yearssold for £560. Hackney.-No. 4, Sheldon Villas, term 88 years-sold for £335.

Hackney.-Warwick Lodge, term 71 years-sold for £950. Tudor House-sold for £650.

Nos and 5, Sheldon Villas, term 88 years-sold for £525. Dalston.-No. 20, Acacia Villas, term 78 years-sold for £5.

Aldersgate-street.-Nos. 17, 18, and 19, Edmund-place, term 5 years-sold for £204.

No. 10, London Wall, term 9 rears-sold for £480. Upper Thames-street.-Nos. 12 to 16, College Hill, term year-sold for £72.

King' Cross.-No. 6, Manchester-street, term 30 yearssold for £375.

Cripplegate.-A fee farm rent of £2 per annum-sold for

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By Messrs. HARDS, VAUGHAN, and JENKINSON, at the Mart. Lewisham, South End.-Freehold house and cottages-sold for 21110.

Dorking.-Five freehold cottages-sold for £140. Caledonian-road.--Nos. 52 and 58, Gifford-street, term 75 years-sold for £500.

Nos. 1, 30, and 34, Nailour-street, term 77 years-sold for 2570

Bari bury.-Nos. 30 and 34, Wellington-road, term 70 years od for £UP.

Nos. 3 to 10. Hides-street, term 83 years-sold for £1250.
Nos. 11 to 16, tidos-street, term 85 years-sold for £1050.
Holloway.-No, 28, Hornsey-road, term 68 years-soli for
Eltham, High-street.-Three freehold houses-sold for

£700

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Nos 1, 2, and 3, Park View-cottages, freehold-sold for Thirty-six shares in the Eltham Gas Company-sold for £38.

By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Hyde park. No. 11, Gencester-square, with stabling, term 62 years-old for £6700,

Friday, April 17.

By Mossrs. NORTON. TRIST, WATNEY, and Co., at the Mart. Soho snare.-No. 1, Greek-street, freehold-sold for £1720. Stoke Newingto-gre n.-A freehold house, with gardensld for £0.

Brixton-road.-No. 145 and improved ground rents of £60 per annum, term 25 yea: s-soid for £550, Nos. 10, 12, 11, and 16, Vassal-road, term 23 years-sold for

£360

Portman-square.-Improved ground rents of £75 per annum, term 14 years-sold for £260. Chelsea.-No. 11, Moor Park-road, term 77 years-sold for £300.

Wednesday, April 29.

By Messrs HARDS, VAUGHAN, and JENKINSON. at the Mart. Tobago. The Hope Estate, containing about 1070 acressolitor £1200.

By Messrs FLEURET and SON, at the London Tavern. Erit-The lease and goodwill of the Royal Alfred Wine Vault, term 90 years-sold for £19-0.

By Messrs EDWIN Fox and BOUSFIELD, at the Mart. Cavendish square.-No. 11, Harley-street, term 17 years— sold for £1700.

Wandsworth.--Freehold ground rent of £6 13s. 4d. per
annum-sold for £210.
Wands worth.-High-street, copyhold premises-sold for
Tottenham-court-road.-No. 1, Percy-street, copyhold-sold

£770.

for £1140.

for £155.

By Mr. E. W. RICHARDSON, at the Mart. Brixton-road.-No. 31, Holland-street, termn 22 years-sold Kennington-Bolton-street, a plot of land-sold for £90. New Peckham.-Nos. 3, 11, and 12, Nelson-square, term 66 years- sold for £365,

Batter oa.-Nos. 1, 2, and 3, Newcomen-road, term 85 years -sold for £0.

Nos. 3 and 4. Magdala-terrace, freehold-sold for £1080. Clapham.-Nos. 1 to 4, Cairns-road, freehold-sold for

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No. 5 and 6, same road, freehold-sold for £630.

Notting-hill. Nos, 10, 11, and 12, St. James's-place, term 78 Norwood.--Nos. 1, 2, and 3, Grandacre-terrace, term 8s

years-sold for £310.

years-sold for £1230.

South Penge.-Nos. 1 and 2, Cambridge-villas, term 93 years -old for 4620. No. 1, Oxford-villas, same term-sold for £205. No. 4, Cambridge-road, term 87 years-sold for £310, New-cro s.-Nos. 1 to 8, Osborn-terrace, term 77 years-sold for £600.

MR. CHILD, solicitor, has been returning officer of Hackney for thirty-five years in that borough and in the old borough of the Tower Hamlets. Since the election his appointment has been cancelled.

MR. W. T. CHARLEY, M. P., has given notice that on the second reading of the Attorneys' and Solicitors' Bill in the House of Commons, ho ehall move that it be referred to a Select Committee, we thoroughly approve of this course and hope it will be adopted, for the measure is crude, and in its present form is likely to produce changes not contemplated by the framer of it.

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De la Rue v. Dickenson. 1857.-In an action for the infringement of a patent, the question of infringement is for the jury and not for the judge, although there be no question with respect to whether the defendant has or has not used the particular machine or process which is alleged to be an infringement. Campbell, C.J., in delivering the judgment of the court, said: There may well be a case where the judge may and ought to take upon himself to say that the plaintiff had offered no evidence to be left to the jury to prove infringement, as if there were a patent for a chemical composition, and the evidence was that the defendant had constructed and used a machine for combing wool. But, if the evidence has a tendency to show that the defendant has used substantially the same means, to obtain the same result as specified by the plaintiff, and scientific witnesses have sworn that the defendant actually has used such means, the question becomes one of fact, or of fact mixed with law, which the judge is bound to submit to the jury." (7 Ell. & Bl. 738; 3 Jur. N. S. 841.)

Bovill v. Keyworth. 1857.-A patent obtained for a new combination of a blast and an exhaust in connection with a mill, in which only the lower stone rotates, is infringed by the use of the same combination in connection with a mill in which the upper stone rotates. Campbell, C.J., in delivering the judgment of the court, said: "Supposing the patent to be for a combination, consisting of several parts, for one process, we are of opinion that the defendants are liable in this action for having used a material part of the process, which was new, for the same purpose as that mentioned in the specification, although they did not at the same time use all the parts of the process as specified." (7 Ell. & B. 725.)

The Patent Bottle Envelope Company v. Seymour. 1858.-The plaintiff obtained a patent for "improvements in the manufacture of cases or envelopes for covering bottles," and in the specification the invention was stated to consist "in an arrangement of apparatus by which lengths of rush, straw, or other suitable material, may be readily tied together, so as to form cases or packed." It then proceeded: "For this purpose covers to protect bottles from breakage when I take equal lengths of rush, straw, or other suitable material, and confine them at one end within a ring or cap, which I then place over the neck end of a mould or mandril, corresponding in form to the bottle for which the case or cover is intended. The mould is fixed to a frame," &c. The defendant made bottle envelopes out of similar materials somewhat differently applied, placing them upon a model of a bottle, or mandril, and fastening the material in a manner somewhat like the plaintiff's method. Held, that the use of the mandril, which was admitted to have been long commonly used for producing given forms of pliable materials, and the application of which to work previously untried materials or to produce new forms, was held not to be the subject of a patent, was not an infringement of the plaintiff's patent. Willes, J., in delivering the judgment of the court, said: "The infringement of any part of a patent process is actionable, if that part is of itself new and useful, so as that it might be the subject matter of a patent, and is used by the infringer to effect the object, or part of the object, proposed by the patentee." (5 C. B., N. S., 161; 5 Jur. N. S. 174.)

Higgs v. Godwin. 1858.-The invention for which the patent was granted was "treating chemically the collected contents of sewers and drains in cities, towns, and villages, so that the same may be applicable to agricultural and other useful purposes." In the specification the patentee said: "for the purpose of precipitating the animal and vegetable matter contained in the commonly termed 'slacked lime." The patentee sewage water, I prefer to employ hydrate of lime, claimed "the precipitation of animal and vegetable matter from sewage water by means of the chemical agent hereinbefore described." Held, that the defendant, by using the patented process, not with the object of making a saleable mercantile article, but merely to purify the water, did not infringe the plaintiff's patent. (27 L. J., N. S., Q. B., 421; 5 Jur. N. S. 97.)

Lister v. Leather. 1858.-A valid patent for an entire combination for a process gives protection to each part thereof that is new and material for that process, without any express claim of par· ticular parts, and notwithstand ng that parts of the combination are old. Affirmed in the Exchequer Chamber. Williams, J., in delivering the judgment of that ecurt, said: "It was argued before us, on behalf of the appellants, that, if a patent be taken out for a combination of a, b, and c, it could not be infringed by using a com bination of b and c only. We are of opinion that

the answer to this inquiry turns altogether upon what a, b, and c are, how they contribute to the object of the invention, and what relation they bear to each other. Cases may possibly be suggested where the use of b and c might not be an intringment of the patent. But more easily cases may be put where the use of b and e would be an infringement of the patent. Whether in this case it was so or not would depend upon the facts of the case, and may be more a question of fact for the jury than of law for a court of appeal But the facts are not before us; and we think the court below was right in deciding that the use of a subordinate part of a combination might be an infringement of the patent if the part so used was new (by which we understand new in itself or in its effects, not merely in its application) and material." (8 Ell. & B. 1004.)

Thomas v. Foxwell. 1859.-Evidence may be admitted of an infringement by an imitation of a material part of a general combination, notwithstanding the disclaimer of the mechanical parts separately, of which the combination consists, and although there be no separate and specific claim in respect of the part imitated, while there are separate and distinct claims in respect of other subordinate combinations. (5 Jur. N.S. 39.)

Walton v. Lavater. 1860.-The importation and sale of a patented article is evidence of an infringement. Erle, C.J., in delivering his judg ment, said: "The next point contended for is that there has been no infringement by the defendant, because he had only sold the articles, the sale, moreover, being only a sale of articles imof the learned counsel on both sides, derived from ported from abroad. I have heard the arguments the original statute, which uses the words 'working and making,' and from the form of the expres using, or putting in practice the invention, and sion in the letters patent prohibiting the making, the words granting to the patentee the privilege to make, use, exercise, and vend.' All these words are capable of some of the constructions which have been contended for; but it appears to me that the main purpose of the patent is to give the profit to the patentee, and that the main mode of defeating that purpose would be by selling the patented article; and it seems to me that without proof of the making of the article by the infringer, evidence that he sold the patented article for profit would be good evidence upon the patent. which a jury might find that he had infringed

With respect to the defendant not being liable, because the articles were imported from abroad, I should say that, even if it was a simple case of importation, without any proof of knowledge of the article being patented, or of the infringement, it would be fendant had imported and sold." Keating, J.sufficient evidence of infringement that the de

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Hills v. The Liverpool United Gaslight Com pany. 1863.-A patent was granted for an invention for the purification of gas by means of precipitated or hydrated oxides of iron. The specification was held to include such precipitated or hydrated oxides only as were obtained by artificial means. stance, such as bog ochre, containing precipi tated oxide of iron, so long as it was used in its native condition, was held not to be an infringement of the patent; but upon this substance being re-oxidized or renovated in the manner described in the specification, or in any other manner, it was brought into the condition of being one of the plaintiff's patented purifying materials, that is, a hydrated or precipitated oxide artificially obtained, and an injunction to restrain the use of the substance as renovated for a combination, a person who takes a new and was granted. (32 L. J., N.S., Ch.. 28.) Lister v. Eastwood. 1861.-Where a patent is material part of the combination, but does not apply it to a similar or analogous purpose to that to which it was applied in the patent, does not infringe the patent. (9 L T. Rep. N. S. 766.)

The use of a natural sub

Thomas v. Hunt. 1864.-A licence to A. to his vendees to vend it without the consent of the manufacture a patent article is an authority to patentee. (17 C. B., N. S., 183).

THE Maidstone Journal announces the death of Major C. W. Bannister, who has for more than thirteen years held the post of Governor of the County Prison, Maidstone. Previously to entering upon the governorship of the Maidstone gaol, Major Bannister had acted as deputy governor at the convict prison, Dartmouth, and had seen service in India as captain of the 2nd Light Infantry (Bombay).

ELECTION LAW.

COURT OF COMMON PLEAS.

Saturday, April 18.

(Before BRETT, GROVE, and DENMAN, JJ.)
STOWE v. JOLIFFE.

Parliamentary Election-Ballot papers and
register-Inspection.
THIS was an application arising out of the Peters.
field election petition, which was moved as a rule
for a mandamus to the clerk of the Crown, but
which on the argument took the form of a rule
nisi, calling on the respondent to show cause why
the marked register of voters, the counterfoils of
the ballot papers, and the backs of the rejected
ballot papers should not be shown to the peti.
tioners.

W. G. Harrison (with him Couch) showed cause against the rule.-The marked register would give approximately all the information required by the petitioners, and they would have been entitled to see it had it not been inclosed in the same sealed packet with the counterfoils, which should not be shown. The required order, if made, would interfere with the secrecy of the ballot, and, even if the court had power to grant it, should not be made without strong grounds shown on affidavit.

J. O. Griffits (with him Lumley Smith) supported the rule.-The court had clearly power to make the order, and inspection of the marked register should be granted as a matter of right. It would, however, only show who received ballot papers, and in order to discover who actually voted, it would be necessary to have the desired inspec. tion of the rejected ballot papers with the sequence number upon them and the counterfoils corre sponding with them. This would not show how anyone had voted, but would merely disclose the fact that certain electors had given votes, which could then be attacked on the scrutiny. If the inspection were refused, a great number of useless witnesses would have to be in attendance on speculation, and unnecessary expense would be incurred. The majority at the election was only nine.

The court differed in opinion.

It was,

BRETT, J. thought the petitioners were entitled to the limited inspection asked for. In ordinary cases both parties were entitled to see any document in which they had such an interest as to make it useful in the case litigated. In petitions, therefore, were it not for the Ballot Act, parties would be entitled to inspection of any document at the earliest possible time. The Ballot Act however, was passed for the purpose of maintaining the most complete secrecy as to how any man voted, and had incidentally thrown difficulties in the way of petitioners. however, for the public advantage that all facili. ties for inspection consistent with the spirit of the Act should be given, as the public, as well as parties and constituencies, were highly interested in the prevention of bribery and in seeing that no avoidable difficulties were thrown in the way of bona fide litigation. Acting on that principle, he thought that all reasonable facilities for inspection should be given consistent with the secrecy of the ballot. He did not think under the Act that the marked register and the counterfoils should have been sealed in one packet, but as they were he thought the packet should be opened and inspection given of the marked register. As to the rest of the order, he thought the packet of rejected ballot papers should also be opened and the backs of them shown to the petitioners to show the sequence number. This alone, however, without the counterfoils would not show whose vote had been rejected, therefore the counterfoils corresponding to the rejected ballot papers should also be inspected. Such an inspection would not show how any one ha i voted, but would facilitate the case and diminish expense. Unless the most perverse ingenuity was displayed it would give no one the opportunity of discovering how anyone had voted. He thought that justice required that the information should be given.

GROVE, J., agreed that inspection of the marked register should be given, but with some doubt, as it would necessitate opening the packet containing the counterfoils as well. He thought such an order could be made by the court, but could not have been made by a judge at chambers. With reference to the two other branches of inspection asked, he differed from Brett, J., and thought no case had been made out for inspection of the rejected ballot papers and counterfoils. The question was, whether the court should make such an order as a matter of course in cases of scrutiny, and such a provision could have been made in two lines instead of the guarded sections which the Act contained. The Act did not intend even the Clerk of the Crown and his assistants to see these papers without strong grounds. The order required should not be made without strong grounds shown on oath, though he did not deny the power of the court to make it. The hardship of the case was very slight, as the marked

egister would give approximately all the required Clerk of the Crown himself, or the hands of one
nformation.
his clerks.

DENMAN, J., agreed that the marked register
hould be produced, but also thought that inspec-
tion of the rejected ballot papers and counterfoils
should not be allowed in the present case. The
word "
required" meant not only wanted, but
reasonably necessary, and the court should be
atisfied by affidavit on that point before granting
inspection. The court had the power to make
he order asked for, but this was not a case in
which it should be exercised.

Monday, April 20.

HURDLE AND ANOTHER v. WARING.

McIntyre, Q.C. (with him Chandos Leigh and C. Bowen), in support of the rule, referred to aflidavits which stated that office hours were by no means strictly kept during the general election, that the person who received the letter and gave a receipt had authority to do so, and that in the ordinary course a writ received in the evening would be returned as of that day. It was argued that the return was really made when the returning officer posted with the endorsed copy to some person who was authorised to receive it."

Lord COLERIDGE said that the statute required that a petition should be presented "within twenty-one days after the return has been made to the Clerk of the Crown in Chancery," and it seemed to him that the true meaning of this was that the return was to be made in such a sense that the Clerk of the Crown could act upon it, and that the return was not completed until it had reached the authority who was capable of acting upon it. Whilst arriving at this conclusion, however, he must admit that the question was one which was by no means free from difficulty. Rule discharged.

MAGISTRATES' LAW.

Election petition-Return of writ-Time. THIS case came on upon cause being shown gainst a rule to have the petition taken off the ile, upon the ground that it had not been presented in time. The Poole election took place on 3rd Feb. last, and some time before noon on the following day the returning officer endorsed upon the writ that Mr. Charles Waring was duly elected, and he also delivered the document to the Postmaster, addressed to the Clerk of the Crown in Chancery. The duty imposed by statute was that the returning officer should forthwith transmit the writ and return through the Postoffice to the Clerk of the Crown in Chancery. The writ was in a registered letter, and it arrived at the office of the Clerk of the Crown-GOVERNING BODY-POWER TO DISMISS HEAD 300n after eight in the evening, with five other registered letters, which referred to other elections. The ordinary office hours were from ten to two. The person who received the letters was Kate Phipps, a woman who was in the employ of Mrs. T. Lovegrove, the housekeeper. Mrs. Lovegrove herself was appointed by the Lord Great Chamberlain, and was not a servant of the Clerk of the Crown. Kate Phipps gave the ordinary receipt for these letters, but the Poole return did not reach the hand of any clerk in the office until the 5th. The entry in the office book was first that the return was received on the 4th; but this date was afterwards struck through and the 5th inserted, and the 5th was the date transmitted to the House of Commons. The Corrupt Practices at Elections Act said that any petition against a return must be presented within twentyone days after the return, and if the return now in question was to be taken as having been made on the 4th the petition was too late, whilst if the return was on the 5th the then petition was in time.

Giffard. Q.C. (with him Harrison), contended that Kate Phipps was only an animated letter-box, whose duty was simply to receive the letter and place it on the table, and that the return was not made until the writ had reached the hands of the

Borough.

Devonnort.
Folkestone.
Newcastle-on-Tyne
Sudbury
Wigan

NOTES OF NEW DECISIONS. DEMURRER-PUBLIC SCHOOLS ACT 1863, s. 13 MASTER.-The Public Schools Act 1863, which applies to (amongst other schools) Rugby School, by sect. 13 enacts that "the head master of every school to which this Act applies, shall be appointed by and hold his office at the pleasure of the new governing body." The plaintiff was appointed head master of the school in Nov. 1869, by the then existing governing body. In Dec. 1873, the new governing body (which had been duly constituted in Dec. 1871, under the powers of the Act of 1868) passed a resolution that

66

upon a review of the administration of the school" from the time when they came into office to the then present time, they were of opinion that the plaintiff was not "a fit and proper person to be head master, and dismissed him accordingly:" Held (on demurrer to a bill by the plaintiff praying for a declaration that, under the circumstances in the bill stated, the above resolution was invalid), that, under the above section, the new governing body had power to dismiss the plaintiff without notice, and without assigning any reason; and that, as they had exercised their power of dismissal fairly and honestly, not corruptly, nor for the purpose of effecting some collateral object, their decision was not liable to be controlled by the court: (Hauman v. The Governing Body of Rugby School, 30 L. T. Rep. N. S. 217. V.C. M.)

BOROUGH QUARTER SESSIONS.

When holden.

Friday, July 10
Tuesday, April 28......
Wednesday, April 29.
Wednesday, April 29.

MARITIME LAW.

Recorder.

H. T. Cole, Esq., Q.C....
James J. Lonsdale, Esq...
W. D. Seym ur. Esq., Q.C..
Thomas H. Naylor, Esq.
Joseph Catterall, Esq.

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NOTES OF NEW DECISIONS. NAVIGABLE RIVER-OBSTRUCTION. - Where the owner of a wharf abutting on a navigable river drove piles into the bed of the river, and thus caused an obstruction which diminished by three feet the navigable breadth of the river in the front of the wharf, such navigable breadth having been sixty feet prior to the erection of the obstruction: Held (affirming the decision of the Master of the Rolls) that this was a substantial interference with the free navigation of the river, and that it ought to be restrained by injunction: (Attorney-General v. Terry, 30 L.T. Rep. N. S. 215. L. C. & L. JJ.)

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EFFECT OF RIVER BYELAWS-DUTY IN FOG.In an appeal to the High Court of Admiralty from a County Court where there is a conflict between the transcript of the notes of evidence and judg ment taken by a shorthand writer in the Co ny Court under the County Court Rules No. 32, and the County Court judge's own notes, the version given by the County Court judge must be acce; teď as binding, and if the County Court judge alters the shorthand writer's notes so as to correspond with his own version, the Court of Admiralty will order the alterations so made to be carried into effect in the printed copies of the appendix. Byelaws made by a local authority governing the navigation of a river are to be taken as evidence of what it is the duty of vessels to do in the eirCHARTER-PARTY-Demurrage — EXCEPTION cumstances named therein, and although the mere -CIVIL COMMOTION.-Where a charterer by his breach of one or any of them will not be sufficient charter-party undertakes to load a ship within reason for holding a ship to blame for a collision, certain given lay days, "accidents or causes yet if that breach occasions or contributes to the occurring beyond the control of the shippers or collision, the existence of the byelaw will afford affreighters, which may prevent or delay her the best reason for holding the ship violating the loading or discharging, including civil commotion, byelaw to be guilty of a breach of duty, and, con strikes, riots, stoppage of trains, &c., always sequently to blame for the collision. Where a excepted," or to pay demurrage, he cannot excuse byelaw regulating the navigation of a river predefault in loading within the lay days by giving scribes the side of the river upon which a ship is evidence of general disturbance and cessation of to navigate going up or down the river, the work in the district about the time; but to exempt observance of this byelaw is doubly necessary himself from liability must show a disturbing during a fog, when vessels can only be made out cause, actually preventing the loading of the at short distances; and the breach of the byelaw particular ship: (The Village Belle, 30 L. T. Rep. cannot be excused by the plea that it was u ual N. S. 232. Adm.) during foggy weather to navigate on the wrong COLLISION-COUNTY COURT APPEAL-SHORT-side of the river in order to insure greater safety WRITERS' NOTES CORRECTIONS BY for the vessel so doing: (The Baithwaite Hall, COUNTY COURT JUDGE-RIVER NAVIGATION-IL. T. Rep. N. S. 233. Adm.)

HAND

SPECIMENS OF A CODE OF MARINE
INSURANCE LAW.

By F. O. CRUMP, Barrister-at-Law.)

(Continued from p. 382.)

AGENTS (OF UNDERWRITERS).
Appointment.

THE appointment of agents to subscribe policies
should be formal.

NOTE.-The ordinary principle applies that a contract made without authority may bind one who by his act or neglect has led third persons to believe that an agent acting for him was duly

authorised.

In the absence of a formal appointment it is a question of evidence whether surrounding circumstances prove agency.

Neal v. Ewing, 1 Esp. 61; Courteen v. Touse, 1 Camp. 43; Brocklebank v. Sugrue, 5 Car. & P. 21; 1 M. & Rob. 102; 1 B. & Ad. 81; 2 Duer. 341 n. a.

Extent and Execution of Powers. The purpose of the agency is to solicit applications for insurance, make surveys or examinations of the subjects proposed to be insured, subscribe or deliver policies, receive notice of other insurances or of compliances with stipulations on the part of the assured, receive premiums, adjust losses, and return of premium, and make payments.

Phillips, sect. 1878.

The authority must not be exceeded :

Baines v. Ewing, L. Rep. 1 Ex. 320.

Authority to subscribe policies does not necessarily authorise the agent to settle and pay losses.

NOTE-It must depend wholly upon the custom of the place and the relation of the principal and agent to each other in business and correspondeuce: (Phillips, s. 1873.)

It is, however, one circumstance tending to show such authority.

Such authority is revoked by the bankruptcy of the underwriter.

Parker v. Smith, 16 East, 382.

An agent in a foreign port to communicate information to insurers respecting marine risks, and advise them generally of matters affecting their interests, is not authorised to receive notice of abandonment so as to bind them:

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By (a) for commissions or premiums which they have paid, or are responsible for, and their general balance of insurance account against the principal.

By (b) for commissions and premiums and general balance of account against the principal when the insurance is effected in the course of the mercantile agency.

By (c) for commissions and premiums, and for their general balance of account as against the agents who, as principals, instruct them if without notice that they are agents.

NOTE.-The latter clause of this last proposition has
been objected to as giving an agent power to
pledge the goods of his principal, and Mr.
Phillips seems to think it unsound: (See sect.
1916, Arn. 4th edit. 196 et seq.
Observations.

Usage or agreement, or the previous course of business between the parties, may give a right of set-off, where it otherwise would not exist :

Green v. Farmer, 4 Burr. 2214.
NOTE. Mr. Phillips says: "It is adjudged or im-
plied in some cases, that an insurance broker has,
by virtue of the general usage of the place,
especially in London, a right to retain any policy
he may effect for the principal, on account of his

demands against him for previous advances and
charges, in case of the principal having notice, or
being bound to take notice of the usage:" (Sect.
1912, par. 2.)
See James v. Rodgers, 15 M. & W. 375; Oliver v.
Smith, 5 Taunt, 56.

A general agent with whom a policy is left has no lien upon it for money advanced independently of the policy:

Muir v. Fleming, Dowl. & Ry. N.C. 29.

An agent effecting a policy on goods to be shipped by a correspondent has a lien on the proceeds after a loss for his general balance against the shipper, although the goods are consigned to

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On the policy again coming to the hands of the
agent while his immediate employer is interested.

Whitehead v. Vaughan, Cooke's B. L. 579.
NOTE.-Assignees having in the meantime become
interested, the lien for a general balance does not
revive.

Spring v. South Carolina Insurance Company,
Wheat. 268; see also Levi v. Barnard, 8 Taurt.
143; 2 J. B. Moore, 34; Sweeting v. Pearce, 9 C. B.,
N. S., 534.

SET-OFF.

All premiums returned and all losses accruing on the policy may be retained and set-off until a lien is satisfied.

Phillips, sect. 1909.

The debts which can be set-off as between an
agent and an underwriter must be mutual.
Wilson v. Creighton, 3 Doug. 132; Houston v. Robert-
son. 4 Camp. 342; 6 Taunt. 648; Shee v. Clarkson,

12 East, 507.

writer to the assured cannot be set-off by the
Therefore, losses which are due by the under-
broker against a claim for premiums payable to
the underwriter.

Must keep and duly render accounts of the business of the agency;

And select brokers and other sub-agents with proper vigilance and discretion;

And give them proper instructions to collect and preserve the evidence, if his agency is for making an abandonment or adjusting or prosecuting for a claim : Phillips, s. 1901.

Discharging the Underwriter.

claim of the assured, except by actual payment to The underwriter is not discharged from the the agent:

Russell v. Bangley, 4 B. & Ald. 395; Todd v. Reid, 4 B. & Ald. 210; Scott v. Irving, 1 B. & A. 605; Bartlett v. Pentland, 10 B. & C. 760; Ovington v. Bell, 3 Camp. 237; Jell v. Pratt, 2 Stark. 67. Under authority to an agent of the assured to receive payment of a loss, or a return of premium, he is not authorised to discharge the underwriter by merely crediting the loss or including such a credit in the settlement of his account with the underwriter :

Phillips, sect. 1883.

The fact of the name of the underwriter having been struck off the policy may discharge him if it be shown to have been done with the consent of the assured:

Bartlett v. Pentland, 10 B. & C. 760; Scott v. Irving, 1 B. & Ad. 605; and other cases, sup.

COMPANY LAW.

NOTES OF NEW DECISIONS. CONTRIBUTORY-TRANSFER OF SHARES-UNPAID CALLS-ACQUIESCENCE.-The 16th section which provides that "no shareholder shall be of the Companies Clauses Consolidation Act 1845, entitled to transfer any shares, after any call shall have been made in respect thereof, until he shall have paid such call, nor until he shall have paid all calls for the time being due on every share held by him," is intended for the protection of companies and not of their creditors; and if the directors of a company assent to a transfer of shares on which calls are due, the property in the shares passes to the transferee, and the transferor cannot be placed on the list of contributories in respect of the shares so transferred, though he Malins, V.C., affirmed: (Littledale's case, 30 may be sued at law for the amount of the calls due at the date of the transfer. Decision of L. T. Rep. N. S. 213. L.JJ.).

NOTE.-A broker, however, having a lien on the
BILL BY ONE SHAREHOLDER ON BEHALF OF
policy, may insist on an underwriter paying the
ALL-RIGHT OF MINORITY.-The majority of the
loss on the latter demanding the premiums. shareholders in a company have no right to use
Parker v. Beasley, 2 M. & S. 423; Davies v. Wilkinson, their votes in such a way as to compromise a suit
4 Bing. 573; Shee v. Clarkson, 12 East, 507; Wien-instituted for the benefit of the company, and to
holt v. Roberts, 2 Camp. 586.

A broker acting del credere does not acquire
any additional right of set-off.

Goldschmidt v. Lyon, 4 Taunt. 534; Houston v. Bor-
denave, 6 Id. 451; Baker v. Langhorn, 4 Camp. 396;
Peele v. Northcote, 7 Taunt. 478; Marnett v. For-
rester, 4 Taunt. 541.

The right of the agent to retain and set-off
sums received from underwriters on account of
any liability he may have assumed for the future
for the principal, will depend on his having a lien
on his policy for his commissions, or his having
made advances upon the credit of the policy.

Godin v. London Assurance Company, 1 Burr. 489;
Kinloch v. Craig, 3 Term 783; Hammond v. Barclay,
2 East, 227; Castling v. Aubert, 2 East, 325,
Bankruptcy of the Underwriter.

In case of a broker being agent of both parties
to a policy, the underwriter on which becomes
bankrupt, the underwriter is discharged from the
claims of the assured for losses and returns of
premiums, and the broker, being debtor for pre-
miums, is discharged therefor, so far as they
have been passed and settled by the broker and
underwriter in account, previously to the act of
bankruptcy of the latter.

So far as the premiums and losses have not been so settled, they are not set-off, whether the policies on which they accrue had been subscribed or the losses known before the bankruptcy or not:

Phillips, s. 1927.

Recovering back Money paid.

In case of payment by the underwriter to the agent of the assured through mistake, or for loss on a policy that is illegal as between the parties to it where the agent is not a party to the illegality, the money may be recovered back, if de

manded in time:

Phillips, s. 1927; Jameson v. Swainstone, 2 Camp.
546, n.; Ed ar v. Fowler, 3 East, 222; Buller v.
Harrison, Cowp. 565.

A policy being void by misrepresentation without
fraud, the underwriter cannot recover back from
the agent of the assured money which he had
paid over to his principal in ignorance of the
misrepresentation:

Holland v. Russell, 1 B. & S. 424.
Miscellaneous Duties.
The agent must keep his principal advised of
the business of the agency;

for themselves as to the exclusion of the minority. retain the benefits obtained by the compromise Where an attempt is made to do so by the majority of the shareholders, a bill filed by one shareholder on behalf of himself and the other shareholders to enforce the rights of the minority will be entertained. Demurrer for want of equity to such a bill overruled. Decision of Bacon, V.C. confirmed: (Menier v. Hooper's Telegraph Works 30 L. T. Rep. N. S. 209. L.JJ.)

SHERIFFS COURT.

KITE v. METROPOLITAN BOard of Works THIS was a compensation claim, tried before a jury, at Red Lion-square, on the 15th inst., in respect of a short leasehold house in High-street, Shoreditch, required for the new street now forming from Oxford-street to Shoreditch.

The Board of Works were represented by Hawkins, Q.C., and Philbrick, Q.C. and the claimant by Huddleston, Q.C.; Mr. George Fuller, of Fuller and Fuller, acted as surveyor for Mr. Kite, instructed by Whitwell.

The jury, after viewing the premises, returned a verdict by consent for £1200, for the leasehold and trade.

TRAILL AND SON v. METROPOLITAN BOARD OF

WORKS.

THIS was another compensation claim, tried at Red Lion-square, on the 17th and 18th. The claimants are ship chandlers and sail makers, carrying on business at 43 and 44, High-street, Wapping, of which premises they were lessees of the one moiety, and freeholders of the other. The property was required for the widening of High-street, Wapping.

Hawkins, Q.C., and Philbrick, Q.C., appeared for the Board of Works; and the Hon. A. Thesiger, Q.C., and Robins, on behalf of the claimants, under instructions from Lowless, Nelson, Jones and Co.

Mr. G. Fuller, of the firm of Fuller and Fuller, surveyors, gave evidence in support of the claim, as did also Mr. Murrell, Mr. Farmer, and two architects; the Board's witnesses being Mr. Clifton, Mr. Horsey, and Mr. Trist.

After the jury had heard the evidence on both sides

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RAILWAY COMPANY.

(Before J. St. J. YATES, Esq., Judge.) COOPER v. LONDON AND NORTH-WESTERN Railway company-Liability for want of punctuality in arrival of trains-Damages. A. took a return ticket from B. to C. by one line, and then another from C.to D. by the defendants' line. On returning from D. in the evening the train by which he travelled was fifty minutes late in arriving at D., having lost that time in going from D. to the terminus E. (whence the same train returned towards C. calling at D.)-a distance usually travelled in fourteen minutes. In consequence of this delay A. lost the return train from C. to B., and had to put up for the night, getting home to B. next morning: Held that the defendants were liable for negligence in not providing sufficient engine power or allowing the steam to get too low no satisfactory explanation of the delay having been offered by them.

THE facts of the case will appear from the judgment.

His HONOUR said: In this case the plaintiff, Cooper, took a return ticket between Congleton and Macclesfield by the North Staffordshire Railway, and thence a return ticket by the defendants' lines between Macclesfield and Chapel-en-le-Frith. Passengers from Macclesfield to Chapel-en-leFrith and Buxton change trains at Stockport, whence they are forwarded by the Manchester and Buxton line, which is worked by or belongs to the defendants. The return journey is performed in the same manner. The plaintiff arrived at Chapel-en-le-Frith in due course, and having spent the day, went to the railway station in proper time to travel by the train advertised in the defendants' time bills to leave Chapel-en-leFrith at 5.47 p.m. for Stockport, where it should arrive at 6.25 p.m. in time for him to catch the train leaving Stockport at 7.2 p.m., due in Macelesfield at 7.45, being the last train by which he could arrive in Congleton that night. This was shown on the defendant's time bills. The train was fifty minutes late in leaving Chapel-en-leFrith. This delay arose as follows: The traffic between Manchester and Buxton is worked by one engine and one set of carriages, which perform the journey backwards and forwards. At the Buxton end there is no spare engine. Chapel-enle-Frith is an intermediate station between Man. chester and Buxton, about five miles from the latter. The trains from Manchester go on from Chapel-en-le-Frith to Buxton, where, in this instance, twenty minutes were allowed for unloading and reloading the train, which then starts back to Manchester. The journey from Chapelen-le-Frith to Buxton usually occupies fourteen minutes, but on the occasion now under consideration the down train lost ten minutes between Whaley Bridge and Chapel-en-le-Frith (four miles), and forty minutes between Chapel-en-le-Frith and Buxton. The result was that it was fifty minutes late on arriving at Buxton, and fifty minutes late en leaving on the return journey. It further appears that in consequence of this delay, the plaintiff, on arriving at Stockport, found that the last train to Congleton had left. After waiting three hours at Stockport he caught a train which took him as far as Macclesfield, where he arrived at 10.48 p.m. and was compelled to remain all night, going on to Congleton next morning, and he now sues the company for damages for his detention and also for the expenses he was put to in stopping at the hotel in Macclesfield, and the cost of his journey the next morning to Congleton. The defendants relied on the general regulation set forth in their time tables, which is as follows:-" Time Bills.-The published train bills of this company are only intended to fix the time at which passengers may be certain to obtain their tickets for any journey from the various stations, it being understood that the trains shall not start before the appointed time. Every attention will be paid to ensure punctuality, as far as it is practicable; but the directors give notice that the company do not undertake that the trains shall start or arrive at the time specified in the bills; nor will they be accountable for any loss, inconvenience, or injury, which may

The defendants asked for leave to appeal upon the ground that the expense of staying all night in Macclesfield was not recoverable. Leave was granted on that point.

MR. JUSTICE

BLACKBURN AND THE
JUDGE OF THE CAMBRIDGE COUNTY
COURT.

WE extract from the Cambridge Independent
Press of 18th April the following full report of
Judge Beales' reply to the remarks of Mr. Justice
Blackburn, reported in this journal on Feb. 7:

arise from delays or detention. The right to by the learned judge, with such great surprise and
stop the trains at any station on the line, although indignation that I might, if I had acted on the im
not marked as a stopping station, is reserved."- pulse of the moment, have been disposed to express
which their advocate contended was incorporated as strongly as I felt it; but upon reflection Ideena
with and formed part of their contract with the it more befitting what is due to and from me in
plaintiff and so far I agree with him. But they the position which I have the honour to hold, to
do not and cannot by any such regulation divest att ibute these remarks either to some mistake or
themselves of their responsibility for negligence exaggeration in the report, or to some grave mis-
or want of due diligence in the discharge of apprehension of the real facts of the case and of
their duties towards those with whom they have the grounds of my decision. That there was great
entered into the contract. The question is, there- misunderstanding as to one of the points on which
fore, whether the defendants acted so negligently, it was thought proper to subject me to animad-
or with such want of diligence in the matter, as version is most certain, for on the faith of a
to entitle the plaintiff to recover. I am of opinion statement that I allowed the company to appeal
that they did. The only explanation of the delay only on condition that they paid the costs of the
which was attempted was that the rails were appeal, the learned judge thought proper to inti-
slippery and the gradient heavy. It was, how-mate that I had exceeded my jurisdiction. Now,
ever, admitted that the train was not above the without discussing the question whether I should
usual weight, and that the engine was one which have exceeded my jurisdiction if I had imposed
was habitually used for this journey. But this is such a condition, the case being, by reason of the
by no means a satisfactory explanation of a delay small amount of damages claimed, one in which
of forty minutes in a journey which usually occu- the company could not have appealed without my
pies fourteen-that is to say, fifty-four minutes permission, the fact is I imposed no such condi
were necessary for a distance usually traversed tion. The solicitor of the company himself
in fourteen; an excess not to be accounted for by stated openly at the last Haverhill Court, and in
mere greasiness of the rails, and, as there was no very frank and manly terms, that he was as much
accident to the machinery, either the engine was surprised as I could be at any such statement
in itself of insufficient power, except when the having been made in the court above, as no such
rails were perfectly dry (which is not always the condition had been made by me. On this point,
case in that country), or the driver had allowed therefore, the offensive remarks in the court above
his steam to get too low. The latter appears to were wholly unjustified by anything that took
me the probable reason, as the return journey place in my court; and hence I am the more
being all downhill less steam would be required, inclined to suppose that there was in other
and there would be twenty minutes at Buxton to respects some such misapprehension of the real
get it up to proper pressure. But whichever be facts of the case, and of the grounds of my deci-
the case the defendants are, in my opinion, re-
sion. These facts and grounds briefly were that
sponsible to the plaintiff for the damages which furniture of which the company had undertaken
he has sustained by the delay, and I assess them the carriage was completely smashed in the tran
at 15s., being the expense of staying all night at sit, and nothing but the fragments were delivered
Macclesfield, and a fresh ticket to Congleton in to Mr Taylor, the consignee and plaintiff, and I
the morning.
held the company liable for the damage on the old
common law principle that they were insurers of
the goods for their safe and secure delivery,
notwithstanding a special contract entered into
by them with the consignee, exempting them in
consideration of their carrying the goods at a
lower rate from all risk and responsibility, except
from any wilful act or default if proved. I con-
sidered that such a contract was null and void
under the seventh section of the Railway and
Canal Traffic Act, by which it was enacted, as it
appeared to me in confirmation of the old
common law principle that companies should
be liable for loss of or injury to animals
His HONOUR, addressing the senior barrister or goods occasioned by the neglect or de-
present, said: Mr. Cockerell, I should be very fault of the company or its servants, notwith.
ungrateful, as well as uncourteous, if I were to standing any notice, condition, or declaration
allow the day to pass without publicly acknow. made and given by such company contrary
ledging the address you were kind enough to for- thereto, or in any wise limiting such liability; and
ward to me a few days ago, signed by thirty-three every such notice, condition, or declaration was
gentlemen, besides yourself, practising either as declared to be null and void, a proviso being
barristers-at-law or attorneys and solicitors in added, that nothing therein should be construed to
courts on my circuit, an address expressing pain prevent companies from making such conditions
and regret at a remark reported in the Law Times as should be adjudged by the court or judge,
of the 7th of February last, to have been made by before whom any question relating thereto should
Mr. Justice Blackburn in the Court of Queen' be tried, to be just and reasonable. It seemed to
Bench, as to my ruling in the case of Taylor v me, having regard to the interests and welfare
The Great Eastern Railway Company, which of the public, that railway companies had gono
came before that court on appeal from the Haver. too far in availing themselves of this proviso, that
hill County Court, and expressing also the perfect they had availed themselves of it to an extent
satisfaction of the gentlemen signing the address which with the additional contrivance of charging
with my rulings generally which were involved in a lower carriage-rate, purported to exempt them
the same ungracious remarks; and expressing altogether from that liability for loss or injury
further their high respect and esteem for my occasioned by the neglect or default of themselves
judicial conduct during the whole time I have or their servants, to which the Act expressly de-
been the judge of this circuit, and their full confi-clared and intended they should be liable, and to
dence in my "able and impartial administration' which they were liable at common law as insurers
of the law. It is impossible that anything could there being nothing in the Act limiting their lia.
have occurred more gratifying to my feelings, or bility any more than at common law to negligence
to which, under the circumstances, I could attach or default proved to be wilful, and it being besides,
greater value, than this warm and spontaneous in almost all cases, quite out of the power of the
expression of sympathy, esteem, and confidence customer to obtain or give proof of such wilful-
by so many of the gentlemen practising before ness. The case of Taylor v. The Great Eastern
me, an expression I may regard as almost Company appeared to me a peculiarly proper ono
unanimous from my courts, as several gentlemen for having this, as it seemed to me, important
whose names are not attached to the address in question decided by a Superior Court, as negli-
consequence of the delay which would necessarily gence was not denied, and the defence was, that
have arisen from sending it round to all the negligence of any degree, or to any extent, was
sixteen courts, or from their absence at the time immaterial, unless it could be proved to be wilful;
of its being sent to their court, or other accidental a defence which appeared to me to be not admis.
circumstances, have personally expressed to me sible, within either the spirit or letter of the
their regret at their not having had the oppor- Railway and Canal Traffic Act. Had my decision
tunity of signing it, and their entire concurrence on this point, to which everything else in the
with every word it contains. I profoundly and decision was merely subordinate, been reversed
from my inmost heart thank all for it. The after full discussion and argument, I should have
address, with considerate delicacy, refrains from bowed with the utmost respect to the judgment of
any discussion of the case reported on appeal in the Superior Court; but, so far as I can gather
the Law Times; but I consider it my duty, both from the report, my decision was reversed, and in
to myself and to those who have presented and no very courteous terms, without the shadow of
concurred in this highly complimentary address, to an argument, or the least attempt of an argu.
make some remarks on that report. The address ex- ment controverting the grounds of my decision, as
presses pain and regret at the particular remark here referred to, and relied on by me in the coura
which is quoted as alleged in the report to have below, and without any reason whatever being
been made by Mr Justice Blackburn in reversing given for adjudging those grounds to be erroneous.
my decision. I am deeply sensible of this very However much I may regret this result of the
kindly feeling on my behalf, but I cannot but appeal which I allowed to be made, and however
add, and perhaps many will anticipate what I am indignant I may feel at the language reported to
about to say, that I read that remark, and the have been used towards myself, I have the large
other unseemly remarks alleged to have been made consolation of being countenanced in my views, as

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