Page images
PDF
EPUB

we.

are

[ocr errors]
[ocr errors]

ORGANISATION AMONG SOLICITORS. the most limited kind. Any human being may other resources, and no other machinery than A PAPER read at the meeting of the Metropolitan advertise himself as a law agent; he may advise, such as the Incorporated Law Society could fur. and Provincial Law Association, at Birmingham, prepare all kinds of documents, and if he take nish, we should be hopelessly beaten. The society by Mr. Marshall, M.A., solicitor, Registrar of the the precaution to get paid beforehand and to keep is not furnished with arms for this warfare. It Leeds County Court, and hon. sec. of the Leeds clear of proceedings in court, he may do an has no means of getting at the 600 and odd memIncorporated Law Society, containing the follow. attorney's business on his own terms. He is bers of the House of Commons. It has no means ing observations :

liable to an action for negligence, but so are of getting at those who can influence those memo

It is plain that we do not get, in the berg.
Organisation of the Profession.

shape of state protection, an equivalent for the I use these words to describe the manner in stamp duties we pay and the regulated charges

Incorporated Law Society as representing which the forces at the disposal of our branch of we submit to.

Solicitors. the Profession are applied to secure the ends

In Manchester, out of 295 practising solicitors, which we desire. In order to determine whether

Solicitors Officers of the Court.

thirteen only belong to the Incorporated Law this organisation is good or bad it is necessary But we are officers of the courts. And why Society. In Liverpool, out of 283 solicitors, it to estimate, first, the amount of the force at dis. we officers of the courts ? Because in counts sixteen members only. In Birmingham, posal, and, secondly, the result produced by that the old time the appointment of an attorney with 193 solicitors, it numbers twenty-four. In force. If the result be considerable in proportion was a branch of the royal prerogative. The Bristol with 189 solicitors, there are ten who to the forces involved, we shall conclude the or- king granted a monopoly to practise law as belong to it; and in Leeds, with 104 solicitors, ganisation to be good, if inconsiderable, we shall he granted a monopoly to sell wine or salt. It is five only are of that society. conclude it to be bad. Now the force at disposal, for the members of a liberal profession to consider The Metropolitan and Provincial Law Associa. and which a theoretically perfect organisation whether it is consistent with their dignity and tion occupies somewhat different ground. It has would render effective, is the influence, direct or interest that they should be subordinates of the 614 members, 194 of whom are London solicitors, indirect, of some 10,000 attorneys (the real courts, and as such, liable to dismissal at the dis- and 420 country solicitors ; while in the Incorpo numbers are 10,350, of whom 3600 practise in cretion of the judges, or whether it would not be rated Law Society the country members form London, 6750 in the country), spread like a better that they should follow their calling with about one-third of the whole body, in the Metronet over the face of the country; collected in the same responsibilities and under the same

politan and Provincial Association they form more large numbers in the centres of population obligations to the general law and

to public opinion than two-thirds. I need not describe the consti. and business, more sparsely distributed in thinly as other members of the community. I say nothing tution of a society to which we all belong, nor need peopled districts, arranged, in fact, in a kind of minor matters, such as our exclusion from the I say much as to the work it does. By its autumn of rough proportion to the importance of the Inns of Court; and the like; but, looking at our meetings it has rendered us an invaluable service ; particular district. And the course of busi position broadly, and considering how much the it has brought representatives of the whole Proness is such that the attorneys of a given town or State exacts and how little it gives in return, I fession together; it has made us acquainted with district are necessarily thrown together and know maintain that there is urgent need of some change; each other ; it has rendered co-operation on a each other; they are acquainted more or less with that a body of men having the very great power, large scale possible. In this and in its provincial the leading practitioners in the neighbourhood, which I assume attorneys to possess, should allow connection it contributes precisely that element and they are certainly associated with an agent in things to remain as they are, can only be explained of strength which is wanting to the Incorporated London of their own profession.

by supposing that our power is not available, and Law Society. But I am doing it no injustice in

is known not to be available, for concerted action. saying that in every other respect it is less powerInfluence of Solicitors.

This is the conclusion at which I think everyone ful and less complete in its administrative While the nature of their business tends to must arrive who contrasts the means we have machinery than the sister association. The actual throw them together, it also tends to give them with the result obtained by those means. Given, work of this association is conducted in London, considerable influence, especially in public and the present circumstances and professional status necessarily and inevitably the London members on quasi-public affairs. These affairs have almost of attorneys, and their opportunities of improving the spot conduct it, just as the London members of invariably their legal side, on which the opinion those circumstances, it follows, from a comparison the Incorporated Law Society, being on the spot, and assistance of a lawyer is desired, and he thus of one and the other, that our organisation must conduct its business. And I am not aware that there has an opportunity of causing his opinion to be be bad.

are any sufficient means of directing from this Lon. felt withont appearing to obtrude it on matters

Machinery of the Profession.

don office the power which is undoubtedly given by outside the professional sphere. It will be con- The game conclusion will be drawn from an

the wide-spread local connection of the associa. ceded that the force at the disposal of our profes- examination of the machinery actually at work. tion. I do not forget the Northern Union, but sion is not only considerable in itself, but exer- It is not well adapted to secure its ends. Le

from some reason or another that experiment has cised under conditions which enable it to be consider what that machinery is. It consists of

not worked well. With its own members the used with great effect. To what offect and pur three parts the Incorporated Law

Society, the association communicates of course, but those pose has it been used ? The answer to this Metropolitan and Provincial Law Society, and

members scarcely constitute more than a twentieth question is really very curious. Our position thirty-four local law societies.

of the Profession. Sending circulars to individuals as regards the State is this. The State says The Incorporated Law Society is a corporation We know the fate which awaits circulars. Granted

is not a hopeful way of inducing energetic action. to us, “It is of importance to the com. consisting of about 2500 members, of whom more manity that you gentlemen should be properly than one-third are country practitioners, and it that that which I believe has never yet been qualified for your duties, and, therefore, we has been in existence nearly half a century. (The all the towns in which the Metropolitan and Pro.

attempted were done, and committees formed in will take unusual precautions in your case. We members of the Incorporated Law Society were, will examine you before you enter upon your pro- on the 29th July, 1873, London members, 1806;

vincial Association possesses sufficient members fessional studies; we will examine you while you country members, 689--total, 2495.). It is in

to form a working body, what would that amount are engaged in them, and when you have finished many respects the official and aecredited repre

to ? At most to this-that active influences them.

You must be articled to some member of sentative of our branch of the profession, and it might be set up in some twenty or thirty different your own calling, and you must pay a considerable is invested by the various Acts of Parliament centres. That falls far short

of our requirements. stamp duty for the privilege. You will, of course, with important duties relating to the examination, Considering then, that the ground in London is have to pay an annual tax for the liberty to admission, and registration of attorneys and already occupied by the Incorporated

Law Society, practice. But we must take care that you do not solicitors.' It is, in a sense, the guardian of the and that the ground in the country is, for pur. abuse the liberty. Wo will, therefore, frame a profession, and the censor of its morals. All law I am led to conclude that this society is not an

poses of conjoint action, scarcely occupied at all, scale to regulate your charges, and we will be slow bills, and especially bills directly affecting us, are to alter that scale. You are officers of our courts, watched by its Council

, who frequently interfere fession, and that, neither independently of the

effective machine for the organisation of the pro. and, therefore, our judges have the fullest and with good effect during their progress through Incorporated Law Society nor in union with it, most arbitrary powers over you. You are at Parliament. But it is only in a limited sense the liberty to make as much money as you can under representative of the profession at large, con.

does it furnish adequate means for bringing to a these conditions, but the prizes of your own Pro. siderably more than two-thirds of whom do not focus the considerable, but diffused, force at our fession are not for you.” Such is our position as

disposal. belong to it. A large number both of its mem. regards the State, and it is not so good but that it bers and of those who are not members complain of

Local Law Societies. might easily be improved. The two branches of its policy, as too acquiescent-with what justice I now come to this, the third and only remaining the Profession, the certificate duty and the reservation of all important appointments for the Bar, clear; were the Incorporated Law Society dis. it is immaterial here to consider. One thing is part of our existing machinery:

There are 6750 country solicitors in England are matters which would bear a little alteration. posed to be ever so active, the effective force and Wales, carrying on business in 1319 towns It might not be an unwholesome change if we which it could wield would be in no sense and villages. There are just thirty-five local law were permitted to exercise in all the Superior commensurate either with the needs or with the societies, some of which are probably rather in Courts the right of speech which is at present aggregate power of those on whose behalf it existence than in active operation. Let us conlimited to the Court of Bankruptcy. I am not would assume to act. Suppose, for example, that sider the distribution of these thirty-five societies. aware that any subversion of the relations some Chancellor of the Excheqner were to propose

The county of Northumberland possesses one, between ourselves and the Bar has followed to increase the solicitors' certificate duty. What at Newcastle. The county of Cumberland posfrom that particular concession, What has would the Incorporated Law Society do ? It wouid sesses one, at Carlisle. Westmoreland has one at happened is exactly what might have been

no doubt prepare an able and conclusive state. Kendal, and Durham ope at Sunderland. Lanca. expected. In important matters the most ex.

ment on the question. Its council would address shire owns five; Manchester, Liverpool, Preston, perienced barristers are engaged points of the Government, and would be listened to with the Lancaster, and Bolton-le. Moors. Yorkshire has practice and cases which will not bear expense polite attention which people who have made up three, namely, Leeds, Hull, and the Yorkshire So. are argued by the solicitor, in whose hands the their minds bestow on adverse critics. Repre. ciety at York. The county of Lincoln is represented business lies, and with entirely satisfactory re- sentation in the House of Commons. Some mem- by the society of Lincoln ; the county of Stafford aults.

bers of Parliament who are directly accessible counts the societies of Wolverhamptom and Bil. Remuneration.

to the council would be induced to support them. ston, and Leicestershire the society of Leicester. Then the scale of costs requires revision, as. The pressure of public opinion could not be Worcestershire has one representative at Worces. suming that we are to have a scale of costs. brought to bear; if it came into the scale it would ter, and Warwickshire one in the active society Physicians, barristers, engineers, land surveyors, probably be on the wrong side. A contest of this of this town. There are law societies in North. and accountants ask what they think they can kind is fought in the lobbies. Now, what would ampton and Cambridge for those counties. Sufget, and the best of them get pretty nearly what be the answer of the gentlemen who advises the folk gives us Bury St. Edmunds; and there is one they choose to ask. The profits of mercantile Government on such matters where ho asked the at Buckingham. Gloucestershire has two, one at men are only limited by the effect of competition. probable result of a division depending on the Gloucester and one at Bristol ; and Devonshire The wage-earing population have succeeded by efforts of the Incorporated Law Society ? It is has two at Exeter and Plymouth respectively, combination in obtaining an advance which goes not necessary to answer that question. I have put The county of Somerset has two, one at Bath and far to meet the increased cost of the necessaries a case affecting our interests only, and uncompli. a county society whose head quarters are at Taun. of life. But our tariff is the same, and unless we cated with other considerations; still one on ton ; and the county of Dorset one at Dorchester, take steps to raise it nobody else will. If it be which the Incorporated Law Society would be Hampshire, Kent, Surrey, and Sussex are each objected that we get a monopoly as a set-off to bound to exert its whole strength, and I maintain represented by one county law society, while

in this fixed charge, 1 reply that the monopoly is of that if we had to fight out such a battle with no Wales, Denbighshire and Flintshire have

a joint

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

TO

BE

THE

BUT LEFT FOR
OF

society, and Anglesea and Carnarvon a joint Costs-COPYRIGHT-PIRACY-INQUIRY AS TO

Correspondence. socioty likewise. Of the forty English counties PROFITS:- Where in a suit for the infringement

FINAL EXAMINATION.-Can any of your readers sixteen are unrepresented by any law society. of copyright the chief clerk's certificate, made in Those counties are Nottingham, Derby, Chester, pursuance of the decreo, was, on the application inform me where some practical hints as to the Salop, Rutland, Norfolk, Hereford, Huntingdon, of the plaintiff, referred back to the chief clerk books to be read for this examination and where the Bedford, Hertford, Essex, Oxford, 'Berks, Wilts, and sabsequently confirmed, the

court refused to method of reading them can be found ?-EPSILON Monmouth, Cornwall. In Wales it suffices to say make any order as to the costs of the summons BETA-[Apply to the Secretary of the Incorpothat none of the twelve counties are represented, and subsequent reference: (Kelly v. Hodge, 29 rated Law Society, Chancery-lane, for particulars except the four which form the northern boundary L. T. Rep. N. S. 387. V.C.B.).

of the lectures and classes; this will give you of the principality. Considering, then, the geo- INNKEEPER - Loss OF VALUABLES Negli. some clue, and inquire of someone lately passed. graphical distribution of our thirty-five law GENCE.-Where a guest at an inn has an oppor.

-Ed. Sols.' Dept.) societies, we find that twelve belong to the six tunity given him of securing valuables in his pos. When a clerk's articles expire in the long counties north of the Humber; twelve belong to session, by giving them over to the custody of the vacation, the first time he can offer himself for the twenty-three counties of the Midland District, innkeeper or otherwise, and neglects such oppor. examination is in Trinity Term. If however he including in that division those which lie on the tunity Held, by the Court of Exchequer (Kelly, does not do this until Michaelmas, is it the pracnorth of a line connecting Gloucester with Ipswich C.B., and Martin, Bramwell, and Pigott, BB.), tice of the examiners in such a case to take into and south of the six northern counties ; and nine that his conduct amounts to such negligence as to consideration the extra time the candidate will to the ten counties south of that line. In Wales deprive him of his rignt to recover against the have had to prepare himself and thus require the two law societies are confined to the four innkeeper, in case of such valuables being lost or more perfect answers than they would have done northern counties. The northern and southern stolen : (Jones v. Jackson, 29 L. T. Rep. N. S. had he presented himself in Trinity Term. counties are therefore relatively the best repre- 399. Ex.)

OMEGA.- The examiners not being remunerated sented ; the northern counties having an average ATTORNEY SUSPENSION OF BY SUPERIOR cannot be expected to and do not deal só precisely of two law societies each, and the southern COURTS-DIFFERENCE IN PRACTICE.-When an with applicants as is suggested by the question counties something less than one each, while the attorney and solicitor has, for misconduct, been The object should be to win honours, not merely Midland counties possess

as nearly as possible an suspended by order of one of the courts of equity to pass.-Ed. Sols.' Dept.]
average of one law society for every two counties. from practising in the Court of Chancery for ten
(To be continued.)

years, the Court of Exchequer, upon proof and
verification being laid before it, by affidavits, of,

AFFIDAVITS.-Referring to your last week's NOTES OF NEW DECISIONS.

first, copies of the petition and order of the court impression, and to the complaint of the illegible

of equity and the affidavit used there on the handwriting of copies supplied from the offices of WILL – INTERPOLATED SHEET

PRESUMP, hearing of the petition ; secondly, a transcript of the Masters of the Common Law Courts, there is TION.–Testator's will was engrossed on fifteen sheets of paper by a law stationer. They were suspension in Chancery; and thirdly, the identity than what is allowed for copies made by legal a shorthand writer's notes of the judgment of the additional element of complaint in the fact

that 6d. per folio is charged, or 50 per cent. more numbered consecutively, and on a sheet numbered of the attorney--will grant a rule nisi for sus. sixteen, testator had written a codicil, and on pension for a like period from practising in that practitioners. Can anyone explain this anomaly, another sheet, numbered eighteen, a schedule of court, and such rule will make itself absolute, which ought to be put an end to? plate, pictures, &c., referred to in his will. At without being further moved, in default of cause

G. S. AND H. B. testator's death the will was found with the being shown within the time therein limited. In original page four taken out, and a page sub- the Court of Queen's Bench, in such a case, the

AGENCIES. — The enclosed is so remarkably stituted in the testator's handwriting, the num. rule is granted absolute in the first instance, anique that I beg to send it to your journal. The bering of which had been altered from seventeen whilst the practice of the Court of Common Pleas circular in question was placed under the door of to four. The several sheets were tied up with red in a similar case is to grant a rule to show cause :

my private house on Saturday night last by the tape, and the original page four was found loose Re C. Wright (1 Ex. 658 ; 17 L. J. 128), and Re

billsticker's man.

SUBSCRIBER. in the testator's davenport. Held, that in the Brutton (26 L. T. Rep. N.S. 33 ; 41 L. J. 58, C. P)

THB PROVINCIAL PRIVATE DETECTIVE AGENCY. absence of any direct evidence, the presumption cited Re Marshall Turner (29 L. T. Rep. N.S.

(Under Professional auspices.) was, that when the will was executed the pages 345. Ex.).

Chief Offices :—192, Bute-road, Cardiff. were bound together, and were in the same state

A widespread want bas long been felt in the provinces,

CONVEYANCE-COVENANT FOR CERTAIN LAND and more especially in Welsh districts, of efficient, unas when it was found after the testator's death :

NEVER SOLD,'

encumbered, and higbly experienced assistance in busi. (Rees v. Rees and Rees, 29 L. T. Rep. N. S. 374.

COMMON BENEFIT" BOTH PARTIES- ness and domestic matters, demanding the enlistment Prob.). VALIDITY - CONSTRUCTION. A deed of con

of thorough culture. As a rule, ordinary detectives, SOLICITOR AND CLIENT--Costs – CHARGING veyance contained an agreement that certain sarily to partake of its babits, and helplessly to inter

unavoidably, intermix with so vulgar a class, as necesORDER_PROPERTY RECOVERED OR PRESERVED land, described in the deed, should “never be mingle with its particular roin. Therefore, such men -23 & 24 VICT. C. 127, s. 28.-A solicitor is not hereafter sold, but should be left for the common are rendered peculiarly unfit, for even temporary introentitled to a charging order under 23 & 24 Vict. benefit of both parties and their successors.” In duction into drawing rooms and other polite circles. c. 127, s. 28, in respect of costs incurred by him

a suit brought to compel the removal of a house That being so, satisfactory arrangements have been whilst acting for the plaintifs in a suit in which a alleged to have been built on the said land in con.

completed whereby, in painful domestic circumstances decree has been made for the administration of a travention of the said agreement. Held (reversing experienced services are immediately available. The

and delicate embarrassments of business, effectual and. testator's estate, and for the appointment of a new trustee whero proceedings in the suit have Halifax, Nova Scotia), that the agreement was the judgment of the Supreme Court of Judicature, promoters of this agency are themselves geutlemen of

good social position and undeniable business capabili. been stopped by the plaintiff after the decree has been carried into chambers and accounts brought in equity, because (1) on the true construction of one the performance of which might be enforced ties, that have been sharpened by lengthened and inces.

sant services in such legal and general matters as in by the defendant, and no certificate has been made by the chief clerk, and no new trustee apits terms it amounted, not to a perpetual restric- peremptorily and invarinbly tend to mould the polished

man of the world and complete man of business. These tion of sale, but to an agreement on the part of pointed: (Pinkerton v. Easton, 29 L. T. Rep. the grantor to leave the land in the state in which gentlemen can, at a moment's glance, point out the

shoals and quicksands of life that are to be avoided, N. S. 364. M. R.)

it was at the time of the conveyance; and (2) the and surely rebuild, and safely pilot forth again into the WILL-TrusT TO LAY OUT PERSONALTY IN agreement contemplated, not an uncertain and calmest sea, smiling beneath an unsullied sky, the most LAND TO GO ALONG WITH SETTLED PROPERTY- indefinite use of the land by the parties, but that confidently expect at the hands of a discriminating

sbattered and hopeless social wrecks. They, therefore, OUTLAYS IN REPAIRS AND IMPROVEMENTS ON

the land should be left open for the advantage of public, that liberal patronage that talent and experience SETTLED PROPERTY.--A testator by his will di. the parties as adjoining proprietors : (McKlean v. may always demand at the hands of Britons. It must rected his trustees to lay out his residuary per- McKay, 29 L. T. Rep. N. S. 353. Priv. Con.) be remembered that the agency is under the immediate sonalty in the purchase of lands, to go along with SUMMONS BEFORE A MASTER FOR SECURITY

direction of a solicitor of many years professional expecertain settled property. Held, that the court had no power to direct part of the residuary per- COUNTY Court.-By the 30 & 31 Vict. c. 68, s. 1, morning to night, it likewise commands the ever watch. FOR Costs, OR TO REMIT THE CAUSE TO A rience, that has been principally derived from the very

first London and Provincial law offices; whilst, from sonalty to be laid out upon repairs and improve the superior judges are directed to make general | ful and energetic services of a gentleman of thorough ments on the settled estate : Re Lord Hotham's rules empowering the masters of the courts to do experience in all matters of everyday, as well as peculiar Trusts (L: Rep. 12 Eq.70), not followed : Bruns. any such thing and to transact any such business, and especial business. The agency has further at its kill v. Caird, 39 L. T. Rep. N. S. 365. M. R.) PROMISSORY NOTE-İNTEREST-INSTALMENT tion in respect of the same, as by virtue of any and to exercise any such authority and jurisdic. immediate command, a potential staff of able and relia

ble men. The charges are based on the following prinOF A CERTAIN SUM or MORE-INDEFINITE TIME statute or custom, or by the rules and practice first instance, payable by every patron, and at the same

ciples :-A consultation fee of three guineas is, in the FOR FINAL PAYMENT.--Defendant, on the 25th of the said courts are now done, transacted, or time, a further sum, proportionable to the distance to April 1872, promised in writing to pay to the plain exercised by a judge of the said courts sitting at be travelled, &c., is agreed upon and arranged., A final tiff £170, with interest

at 5 per cent. as follows : chambers. And by the General Rules of Michael. agreement, providing for the payment of a further sum, The first payment, to wit, £40 or more, to be paid mas Term 1867, the judges ordered that the

in proportion to the amount of success achieved, is at on the 1st Feb. 1873, and £5 on the fi rst day of masters should transact all such business, except cations must, in the first instance, be addressed to the

the same time prepared and executed. All communi. each month following, until the note and interest certain matters therein excepted. By a subse. should be fully satisfied. Upon default in pay; quent Act (30 & 31 Vict. c. 142) it is enacted by

General Manager, Mr. Henry Williams, or to Wx.

DAVIES, Esq., Solicitor, at the chief oflices of the ment of any of the said instalments, the full sect. 10 that it shall be lawful for anyone against agency, 192, Bute-road, Cardiff. amount then remaining due was to be forthwith whom any action of tort may be brought in a payable. Held, that this was a valid promissory Superior Court, to make an affidavit that the UNCLAIMED STOCK AND DIVIDENDS IN THE note : (Cooke v. Horn, 29 L. T. Rep. N. S. 369. Q.B.) plaintiff has no visible means of paying the costs

BANK OF ENGLAND.
PATENT — GENERAL AGENT-INFRINGEMENT of the defendant, should a verdict not be found
-PARTICIPATION IN PROFITS—RIGHT TO SUE-

(Transferred to the Commissioners for the Reduction of the for the plaintiff, and thereupon a judge of the National Debt, and which will be paid to the persons DEMURRER. To a bill stating an agreement court shall have power to make an order that

respectively, whose names are prefixed to each in three made between a general agent of the patentees of unless the plaintiff shall, within a time to be

months, unless other claimants sooner appear.) an American invention to introduce and sell the therein mentioned, give full security for the de.

FARRANT Sarah). Chertsey, Surrey, spinster, £150 Three

per Cent. Annuities. Claimant. said Sarah Farrant. invention in Great Britain, and the plaintiff, fendant's costs, to the satisfaction of one of the LANDER (John Drought),, Mopclare: King's Co., Esq.; whereby the plaintiff was to have the sole agency masters, or satisfy the judge that he has a cause

HEALY (Rev. Robert). Tyrrel's Pass, Westmeath, and and control of the working of the patent in of action fit to be prosecuted to the Superior Court,

FRAZER Robert Enraght), Ferbane, King's Co., Esq.,

£299 33. Three per Cent Annuities. Claimants, said Johr. England, upon certain terms, including a share of all proceedings in the action shall be stayed, or in Drought Lander, Rev. Robert Healy, and Robert Enraght royalties and profits, praying for an account for the event of the plaintiff being unable or unwilling MiREHOUSE (Agnes), Uppor Seymour-street, Portman. damages, and an injunction to restrain future to give such security, or failing to satisfy the Aquaro, epinster, 674 6s. Three per Cent Annuities. infringement, the defendants, who were alleged to judge as aforesaid, that the cause be remitted for

Claimant, Agnes Fisher, wife of the Rev. Cecil Edward be using the invention, demurred. Held, that the trial before a County Court to be therein named:

Fisher, formerly Agnes Mirehouse, spinster.

MORSE (Arthur), Swanham, Norfold, brewer, and MORSE plaintiff was a mere agent for the sale of the Held, that the master has jurisdiction, ander the (Rev. Herbert), Emsworth, Hants, clerk, £104 18. iid. invention, and was in no such position as gave before-mentioned rules, to hear such an applica

New Three per Cent Annuities. Claimants, Frances him the right to file such a bill, which was in the tion: Held also, that the master having refused

Denning, widow, sole executrix of Rev. Stephen Poyutz

Denning, deceased, who was sole executor of Rev. Herbert form of a patenteo's bill for infringement:(Adams to make an order, the court will not review his Morse, deceased. y, The North British Railway Company, 29 L. T. decision : (Parker v. Roberts, 29 L. T. Rep. N. S. Salese chantier Norfolk-sti, Lower Pend, mislington: Mida Rep. N. 8. 367. V.C, W.) 402. Ex.)

, gentleman, £215 New Three per Cert Annuities. Claimant, said Charles Smith.

[ocr errors]
[ocr errors]

Frazer.

WARNER (Rer. Geo. Brydges Lee); Dase (John), Canter. WILDING (John), New Accrington, Lancaster, innkeeper. LACY (Bernard G.), late of 32, Hampden-road, Brighton,

bary: and EDGELL (Alexander), Raymond-buildings, Dec. 16; H. Bannister, solicitor, Accrington, Dec. 22, and formerly of Poole, Dorset. Dec. 23 ; Thomas O. A Gray's-iny, Middl-sex, gentleman; £3088 16s. Reduced V.C. B., at twelve o'clock.

Brino, solicitor. Market-street, Poole, Dorset. Three per Cent. Annuities. Claimant, said Rev. Geo.

LANDS (Christopher), Running Horses, 1, Austin-road, Brydges Lee Warner, the survivor. WELLER Elizabeth Jane), West Wycombe, Bucks, spinster.

CREDITORS UNDER 22 & 23 VICT. C. 35.

Battersea, Surrey, carpenter and beershop keeper. Dec.

13; R. Wastell, solicitor, 24, Cecil.street, Strand, Middle413 13. sd. Three per Cent. Annuities. Claimant, said Last day of Claim, and to whom Particulars to be sent. sex. Elizabeth Jane Weller. ADAMS (Thos.), Nottingham and Lenton Firs, Lenton, LEESON (Henry),

Chip and Rising Sun, High-street, Shad. Nottingham, Esq. Dec. 31; Watson and Wandsworth, well, and the Fishmongers' Arms, Holles-street, ClareHEIRS-AT-LAW AND NEXT OF KIN. solicitors, 13, Weekday Cross, Nottingham.

market, Middlesex, licensed victualler. Dec. 10; Young, ANDREW (Geo.), Ludworth, Derby, of Compstall, Chester, MORLEY (Geo.), Guisborough, York, landed proprietor.

Jones, and Co., solicitors, 2, 8t. Mildred's-court, Poultry, ef Manchester and of Leamington, cotton manufacturer, London. Next of kin to come in by Dec. 20, at the chambers of

calico printer, collier, and merchant. Jan. 6; Stevenson V.C. M. Jan 8, at the said chambers, at 12 o'clock, is the

LEWIS (Lieut. Col. John), 27, Dorchester-place, Marylebone,

Lycett and Co., solicitors, Chancery-place, Manchester. time appointed for hearing and adjudicating upon such

Middlesex. Dec. 12; Law. Massey, and Halbert, solicitors, ASHTON (Jas.),

Mimwood, Herts, Beq. Jan. 12; Cunliffe 10, New.square, Lincola's-inn, Middlesex. claims.

and Leaf, solicitors, 56. Brown-street, Manchester. LLOYD (Ann). 67, Brecknock-road, London, spinster. Jan.

Aston (Wm.), 1, St. Ethelbert-street, Hereford, solicitor. 1; Henry Sowton, solicitor, 13, Bedford-row, London. APPOINTMENT UNDER THE JOINT-STOCK Dee. 23 ; 8. Farmer, solicitor, Hereford.

Loxo (Win. H.), Brackley - park, Great Lever, near WINDING-UP ACTS.

BAIN BRIDGE (John H.), Bishop Auckland, Durham, brewer. Bolton, commercial traveller. Dec. 18; Rushton, ArmitCO-OPERATIVE OMNIBUS ASSOCIATION (Limited.)-Creditors

Jan. 1; J. Proud, solicitor, 16, Market-place, Bishop stead, and Co., solicitors, 1, Mealhouse-lane, Bolton.le-
Auckland.

Moors. to serd in by Dec. I their names and addresses, and the

BELLMAX (Rayner!, Earl Sobam, Suffolk. kurgeon. Dec. particulars of their claims, and the names and addresses

MAITLAND (Lady Sarah), The Palace, Hampton Coart, of their solicitors (if any) to J. Cooper, S, Coleman-street

1; Kerrison and Preston, solicitors, Bank.street, Nor. Middlesex, widow. Dec. 31: Parkin and Pagden, soli.

wich. buildings, London, the official liquidator of the said asso

citors, 5, New-square, Lincoln's inn, Middlesex. BENSON (Amelia St. George B.), formerly of Gloucesterciation. Dec. 15, at the chambers of the M. R., at 11 o'clock,

MALLET (Henry), Nottingham and Sherwood Rise, Notting. is the time appointed for hearing and adjudicating upon

place, Portman-square, and 34, York.street, Portman. ham, lace manufacturer. Dec. Sl; Watson and Wads

square, and late o! 13, Wyndham.place, Bryanstone. such claims.

worth, solicitors, 13, Weekday Cross, Nottingham. Ess Ex BREWERY COMPANY LIMITED!.-Creditors to send in

square, Middlesex, widow. Dec. 15; Merediths, Roberts, MIERS (Simson L.), 4, Upper Montague-street, RussellDec. 19 their names and addresses, and

and Mills, solicitors, 8, New-square, Lincoln's-inn, Mide particulars

square, Middlesex (carrying on business at 45, Hounds. dlesex.

ditch), wholesale clothier. of their claims, and the names and addresses of their

Jan. 1; H. Harris, solicitor, solicitors, if any, to A. Thomas, 2. Adelaide-place, Lon.

BIDWELL (John), formerly of the Foreign Office, then of 91, 34 A, Moorgate-street, London. don-bridge. London, the official liquidator of the said

Onslow-square, Middlesex, late of Dansgarth House, Moon (William), formerly of Liverpool, late of Woolton company. Dec. 19, at the chambers of the M.R., at eleven

Crickhowell, Brecon, Esq. Jan. 1; Newman and Lyon, Hill-house, within Woolton, Lancaster, Esq. Dec. 1;

solicitors, 7, King's Bench-walk, Temple, London. o'clock, is the time appointed for hearing and adjudicat

Pears and Co., solicitors, S, Harrington-street, Livering upon such claims. BirdLEY (Geo.!, Coventry, haberdasher. Jan. 14; Twist

pool. LA GAULOISE COMPANY (LIMITED).- Petition for winding.

and Sons, solicitors, 16, Hertford-street, Coventry.

Moses (Samuel), 19, York-terrace, Regent's-park, Middleup to be heard Dec. 18, before the M.R.

Bliss (Henry), Q.C., 5, Paper-buildings. Temple, and 26, Bex, Esq. Dec. 23; Montagu, solicitor, 3, Bucklersbury, LICEX»ED VICTUALLERS' CO-OPERATIVE SUPPLY ASSOCIATION

Eccleston-square, Middlesex, Esq. Jan. 24; Young and London, E.C. (Limited).-Creditors to send in by Dec. 1, their names

Co., solicitors, 6, Fredericks-place, old Jewry, London. Nixon (Jas. C.), Nottingham and Sherwood Rise, Nottingand addresses and the particulars of their claims, and the

BROWN (Wm. H.), 40, Chrisp-street, Poplar, Middlesex, ham, ironmonger, Dec.31 ; Watson and Wadsworth, soli. names and addresses of their solicitors, if any, to James

draper. Dec. 31; Wm. Sturt, solicitor, 14, Ironmonger. citors, 19, Weekday Cross, Nottinghamn. Boyes, 2. Carey-lane, London, the official liquidator of the

lane, London.

ORGAN (Richard). Brockworth, Gloucester, timber mer. said association. Dec. 20, at the chambers of the M. R.

BUTLER (Martha), 1, Merton-terrace, Iffley-road, Oxford, chant, innkeeper, and farmer. Dec. 29; Mullings, Ellett,

spinster. Dec. 18; W. H. Walsh, solicitor, Oxford. at eleven o'clock, is the time appointed for hearing and

and Co., solicitors, Cirencester. adjudicating upon such claims.

CHRISTIE (Robert M.), late of Bankside, Surrey. civil PARROTT (John), , City-terrace, Peterborough, NorthampMALAGA LEAD COMPANY (LIMITED).- Petition for winding.

ongineer, but afterwards at the time of his decease of ton, city missionary. Dec. 14; J. H. Lydall, solicitor, 12, up to be heard Dec. 6, before the M. R.

Blanc Pignon, near Boulogne-sur-Mer, France. Dec. 15; Southampton-buildings, Chancery.lane, London. Saturs SILVER MinisG COMPANY OF UTAH (LIMITED).

Lewis and Watson, solicitors, 89, Gracechurch-street, PENNELL (Dr. Richard L.) M.D. Venbridge, Cheriton

London, Petition for winding-up to be heard Dec. 5, before

Bishop, Devon. Dec. 30; Geare and Co., solicitors, Queen. V.C. M.

Cowell (Richard), Cardiff, Glamorgan, merchant. Feb. 1; street, Exeter. SKAGER-HOL ESTATE Co. (Limited).-Creditors to send

Ingledew, Ince, and Vachell, solicitors, 124, Bute-street, PEPPERCORN (Francis), late of Wood-green, Middlesex, gen.

Cardiff in by Dec. 90 their names and addresses, and the particu.

tleman, formerly of West-street, Hereford. Dsc. 6; Bur. lars of their claims, and the names and addresses of their

CROOK (John), North-street, Bedminster, Bristol, brewer. dekin and Co., solicitors, Sheffield. solicitors, if any, to L. Tiden, 34, Clement's-lane, London,

Jan. 1; Fry, Otter, and Brown, solicitors, Shannon. RANSON (John), Manor Farm. Monksleigh, Suffolk, farmer, the liquidator of the said company,

court, Bristol. Jan. 14, at the

Dec. 31; G.C. Sherard, solicitor, 11, Lincoln's-inn-fields, DANIELS (Lydia, Bocking, Essex, widow. Jan. 1; Edward Middlesex. chambers of the M.R., at twelve o'clock, is the time ap

E. Clark, solicitor, Snaith, near Selby, York. pointed for hearing and adjudicating upon such claims.

RAVES (Mary A.), 33, Amwell-street, Clerkenwell, MiddleDETTMAR Harriott), 33, Lansdown-place, Brighton, Sussex, sex, spinster. Jan. 1; J. L. Dale, solicitor, 8, Furnival's.

widow. Dec. 8;JHumphreys and Morgan, solicitors, Gilt- inn, Holborn, Middlesex. CREDITORS UNDER ESTATES IN CHANC ERY. spur-chambers, Holborn Viaduct, London.

SALE (Rev. Canon), Sheffield, clerk, doctor of divinity, and EDGELL (Caroline), 21, Cadogan-place, Chelsea, Middlesex, vicar of Sheffield. Dec. 13; Rodgers and Thomas, soli. LAST DAY OF PROOF.

widow. Nov. :0; J. Edgell, solicitor, 17, Clifford's Inn, citors, Bank.street, Sheffield. BILLINGTON (Wm.), Nelson-street, Greenwich, Kent, under. Fleet-street, London.

SALE (Edward). Honington, Warwickshire, gentleman. taker. Dec. 15; Wm. Bristow, solicitor, Greenwich, Dec. EDWARDS (Richard W.), 40, Harnington-street, Hampstead. Dec. 18:

E. V. Nicoll, solicitor, Shipston-on-Stour. , at twelve o'clock.

road. Middlesex, gentleman. Deo. 2; Whittakers and SEMPER Harriet), 14, Grove-road, St. John's.wood, Middle. Bull Henry w.), formerly of 12, Wilton-crescent, after. Woolbert, solicitors, 12, Lincoln's Inn fields, Middlesex. sex, widow.. Dec. 18; Norris and Sons, solicitors, 2, Bed. Fards of 23. Ely-place, and late of 21, James-street, Elix (John), ), Great Winchester-street-buildings, Lon. ford-row, Middlesex. Buckingham-gate, Middlesex, gentleman. Dec. 6; J. C. don,nd 7, Kent-terrace, Regent's-park, Middlesex, mer. SMITH (John B.), formerly of Honiton and Comberaleigh, Deverell, solicitor, 9, New-square, Lincoln's-inn, Middle- chant. Jan. 1; Bischoff and Co., solicitors, t, Great Win. late of Awliscombe, Devon, solicitor, Jan. 1; Stamp and sex. Dec. 92 ; M. R., at twelie o'clock. chester-street-buildings, London.

Son, solicitors, Honiton, Devon. CARR Ralph), 1. Savage-gardens, London, and Waltham- ELLERTON (Richard), Ellerton Lodge, Downholme, York, Solomon (Samuel), Pineapple-lodge, Peckham Rye, Sur. stor, Essex, cork merchant. Dec. 6; B. F. French, gentleman. Jan. 1; John Wm. Teale, solicitor, Leyburn. rey, and of Covent-garden, Middlesex, grower of fruit. solicitor, 51, Crutchedfriars, London. Dec. 15; V.O.M., Eisdex (Wm.), formerly of 57. Regent-street, Lambeth. Dec. 1; W. H. Oliver, solicitor, 61, Lincoln's-inn, Londor, at twelve o'clock.

walk, and 21, Lambeth-walk, Surrey, late of 60, or 69, SOWERBY (Wm.). Massingham, Lincoln, farmer. Dec. 16; CLEMENTS Geo.),

Ryde, Isle of Wight, Hampshire, brewer. Loughborough-road. North Brixton, Surrey, gentleman. Oldman and Iveson, splicitors, Guingborouvh. Dec, 15; Chas, Cole, solicitor, Portsea. Jan. 8; V.C.M., Dec. 1; Whitakers and Woolbert, solicitors, 12, Lincoln's. SULIVAN (Emily A. F.), 4, Grange-terrace, Brompton, Midat twelve o'clock. inn-fields, Middlesex,

dlesex, spinster. Jan. 1; J. v. Franklin, solicitor, ,, COMB Joanna), 11, Belitha-villas, Barnsbury, Middlesex, ELSHERE (Peter). Birmingham, secretary to the Society of Tanfield.court, Inner Temple, London. spin-ter. Dec. 12; J. Combs, solicitor, 25, Bucklersbury, Artists. Dec. 15; Webb and Spencer, solicitors, 56, New. TOOTAL (Edward), The Weaste, in Pendleton, Lancaster, London. Dec. 2; V.C. B, at twelve o'clock. street, Birmingham.

Esq.

Dec. 31; Slater, Heelis, and Co., solicitors, 74, DEACON (Grosvenor), 155, Stanhope-street, Mornington. FFINCH (Rev. Benjamin S.), The Rectory House, St. Paul, Princes-street, Manchester. crescent, Middlesex. gentleman. Dec. 1 ; E. Pope, solicitor, Deptford, Kent, clerk. Dec. 7; Park and W. B. Nelson,

TRAVIS (Dr. Nathaniel A.), M.D., Nice. Feb. 1: E. S. 19, Gray's-inn-square, Middlesex. Dec. 15; V.0. B. at solicitors, 11, Essex.street, Strand, London.

Wilson, solicitor, 6, Whitefriargate, Hull, England. twelve o'clock.

FLEWKER (John), formerly or Derby, late of Dawlish, VICARS (Jas.), 2, Scotland-place, Liverpool, wine and spirit GOMOS Mary) formerly of Goodwyns East Cosham, South. Devon, gentleman. Dec. 6; Pearson and Whidhorne, merchant. Dec. 30: Taylor and son, solicitors, 1, ampton, late of Granville Houre, Nelson-street, Ryde, solicitors, Dawlish, Devon.

Mawdsley.street, Bolton. Isle of Wight, widow. Dec. 8; F. Jackson, solicitor. 55, Ford (Walter), 1.19, Gray's-inn-road, Middlesex and Guild.

WADE (John), late of 8, Beech Grove-terrace (formerly of Chaucery-lane, Middlesex. Dec. 15; V.C. M., at twelve ford Lodge, Margate, Kent, gas meter manufacturer. 22, Moorland road), Leeds, gentleman (formerly wool o'clock.

Dec. 12; Sharp and Ullithorne, solicitors, 1, Field-court, merchant). Dec. 23; Burdekin and Co., solicitors, 41, GRAHAN (Chas. J.), Brighton. Sussex. Dec. 1; Crawley and Gray's-inn, Middlesex.

Norfolk-street, Shetheld. Arnold, solicitors, 20. Whitehall-place, Middlesex, Dec. 5; FORKETT (Maria M. G.), Ashley House, Southlands.grove, WARNER (Stephen), North Petherton, Somerset, tailor.. V.C. B., at twelve o'clock.

Bickley, Kent, wiaow. Dec. 31: Shepheard and Sons, Dec. 20; Ruddock and Auber, Bolicitors, Bridgewater, HIGTON (Ellen S.), Southport, Lancaster. Jan. 5: Blagg solicitors, 32, Finsbury-circus, London.

Somerset. and Son, solicitors, Cheadle, stafford. Jan, 15; V.C. M., Fowles (Ralph), Malpas, Chester, yeoman.

Dec. 22; WHITE (Henry), 53, Great Marlborough-street, Regentat twelve o'clock. Eyton P. Jones, soicitor, Whitchurch, Salop.

street, Middlesex, tailor. Jan. 1; Crouch and Spencer, Hodosos Jos.), formerly of 12, Church-row. Limehouse, GARDNER (John P.), Kendal, brazier. Dec. 15; C. Gard.

solicitors, , Gray's-inn-square, Londin. Middlesex, and late of 4, Tyndnle place, Islington, Mid- ner Thomson, solicitor, Finkle-street, Kendal, West. WHITNEY Susan), formerly of Cork, late of 7, Drayton. dlesex, iron merchant. Dec. 22; H. F. Pullen, solicitor, moreland.

grove, Old Brompton (now known as 77, Thistle-grovo, 2, Gresham-buildings, Guildhall, London, Jan. 14; GARNIER (The Very Rev. Thos.), D.C.L., The Close, Win.

West Brompton), Middlesex, spinster. Dec. 1; H. V.C.H., at twelve o'clock. chester, clerk, formerly Dean of the Cathedral Church,

Tyrrell, solicitor, 14, Gray's-inn-square. London, HOLBOBOW (Ethelbert), 18, Ledbury-streeet. Peckham, Dec. 20; F. Bowker, solicitor, 23, St. Peter's-street, Win

WHUTTAKER (John), Strand-lano, Radeliffe, Lancaster, Surrey, elastic gusset manufacturer. Dec. 8; F. C. chester.

ironmonger. Feb. 1; Greenhalgh and Finney, solicitors, Adams, solicitor, 61, Lincoln's-inn-fields, Middlesex. GERARD (Josiah), African trader, late of Lagos, Africa, and

8. Acres-field, Bolton. Dec. 2); M. R., at twelve o'clock. formerly a lieutenant in H.M. and West Indian Regi.

WHITTLE (Geo. S.), lately residing at 31, Brixton-road, HOLT Robert), Bury, Lancashire, timber merchant. Dec. ment, and police magistrate. April 15, 1871; H. Quinn,

Brixton, Surrey, and carrying on business as a wine and 6: Thomas Dodds, solicitor, Bury. Dec. 15; V.C. M., at solicitor, 2, South John-street, Liverpool, England.

spirit merchant, at 20, Miles-lane, London. Dec. 31; trelse o'clock. HALE (Wm.), Ropley, Southampton, yeoman. Dec. 21;

G. B. Welsford, solicitor, Weymouth. HORS John, Middleton-in-Teesdale, Durham, tailor and Blackmore and Son, solicitors, Alresford, Hants.

WILLIAMS (John), Park-terrace, Regent's-park, Middlesex, draper. Dec. 5; Wm. Robinson, solicitor, Darlington. HANBURY (Sarah), formerly of Merfield, Yorkshire, late of

fishmonger. Dec. 1; Walker and Co., solicitors, Dec. 15; M. R., at eleven o'clock. 88, Piccadilly, Westminster. Dec. 31; Woollacott and

Founders' hall, St. Swithin's-lane, London. HOILE (Henry). Little Harwood, near Blackburn, Lan. Leonard, solicitors, 61, Gracechurch-street, London.

WINNINGTON (Henry J.), 18, Petersham.terrace, Kensington, caster, gentleman. Dec. 15; H. J. Robinson, solicitor, Harrison (Wm.), Leicester, gentleman. Jan. 31; Miles and Middlesex, Esq. Jan. 1; B. Gardner, solicitor, Bewdley. Blackburn, Jan. 9; M. R., at twelve o'clock,

Co. solicitors, Bank-street, Leicester. Hogues (Jenny), Netley Cottage, Fawley, Southampton, HOGG (Charles). Lanesfiela, Cheltenham, Esq. Dec. 17; widow. Dec, 1; J. Thomson, solicitor, 23, Great Win Ticehurst and Sons, solicitors, Essex-place, Cheltenham.

OF SALES. chester-street, London. Dec. 18; M.R., at twelve o'clock.

REPORTS
HOKER (Samuel), Waterhouses, near Ashton-under-Lyne,
Irving Wm.), Workington, Cumberland, colliery proprie- yeoman. Dec. 18; Rushton and Co., solicitors, 7, Meal.
tor. Dec. 13; A. Helder, solicitor, Whitehaven. Dec. 22; house-lane, Bolton-le-Moors.

Thursday, Nov. 20.
V.C. M., at twelve o'clock.
Holt (Jas.), formerly of Sydney, New South Wales, and

By Messrs. WILKINSON and HORNE.
Pastell Jos., Liverpool, bookseller and stationer. Dec. late of Lawn House, Upper Tooting, Surrey, Esq. Dec.
3; Thos. H. Sampson, solicitor, Liverpool. Dec. 23; 8; T. W. Denby, solicitor, 8, Frederick's-place, Old Jewry,

City of London.-Nos. 1, and 2, Poultry, partly freehold and M.R., at eleven o'clock. London.

partly leasehold, was knocked down at the sum of £23,500 Puillips John A. P.), 3, Alexander Villas, King Edward. HORNE (Margaret) Kendal, Westmoreland, widow, Dec. 15;

to a person in the room who had no means of paying the mai, Hackney. Middlesex, warehouseman. Dec. 1; Geo. E. Gardner Thompson, solicitor, Finkle-street, Kendal.

deposit; the property will in consequence be again offered Webb, solicitor, s, Crosby-square, London. Dec. 12; HOYLE Eliza K.), formerly of 1, Camden-cottages, Den

to public competition. at the Mart, on Wednesday, the V.C.B., at twelve o'clock. mark-road, Camberwell, Surrey, late of 272, Camberwell

3rd of December, at two o'clock. RESTALL (Henrietta), 101, Marylebone road, Middlesex, road, Surrey, widow, Jan. 14; C. Mott, solicitor, 15, Pater. By Messrs. WINSTANLEY and HORWOOD, at the Mart. spinster. Dec. 15; Thos. s. Lewis, solicitor, 7, Wilming. noster-row, London.

Pimlico.-No. 4, Vauxhall-bridge-rd. term 58 years-sold ton-square, Middlesex. Jan. 7; M. R. at eleven o'clock. IZARD (William), Brigton, Sussex, gentleman.

Dec. 31; for £610. Russell (John , Terhill House, Cheltenham, Esq. Dec. 8; W. A. Stuckey, solicitor, 4, Prince's-place, North-street, Nos, 6 and 8, same road, term 54 yearg--sold for £1030. Chas. J.C. Prichard, solicitor, Bristol. Dec. 20; M, R. at Brighton.

Bloomsbury.-No. 41, Devonshire-street, freehold-sold for twelve o'clock.

JOHNSON (William S.), North Shields, gentlernan. Jan. 30 : £815. Sarsse Sir Matthew R.), formerly Chief Justice of Bom. Leitch and Dodd, solicitors, Howard-street, North West Croydon.-St. James's-road, a plot of land-sold for bay, late of 3, Hume-street, Dublin. Ireland. Feb. 14; A. Shields.

L300. Norris, solicitor, 2. Bedford.row, Middlesex. March 6; JOHNSTON (Alexander), Shanghai, China, Esq. Dec. 20; Shadwell.-No. 93, Anthony-street, and No. 1, CornwallM. R., at eleven o'clock.

Nelson and Son, solicitors, 6, Godliman-street, Doctor's STASKROUSE (Thos.), Taitlands, Stainforth, Giggleswick,

street, term 19 years--sold for L405. Commons, London. York, gentleman.

No. 93, Anthony-street, and Nos. 3 and 5, Cornwall-streetDec. 20; Wm. Hartley, solicitor, Jones (Hugh), Rumworth, Lancaster, brickmaker. Dec.

sold for £130. Settle. Jan. 13; V.C.M., at twelve o'clock.

18; Rushton, Armitstead and Co., solicitors, 1, MealhouseTIZARD (John). Weymonth and Melcombe Regis, Dorset,

Thirty-three houses in Cornwall-street, term 19 years-sold lany, Bolton-le-Moors.

for 1195. Bolicitor, and late a partner in the firm of Eldridge, Pope, KIRK (John), late of Richmond Lodge, Devon, linen mer. and Co., Dorchester, brewers. Dec. 17; H. T. George,

Nos. 205 and 207, Cable-street, same term--sold for £205. chant. and lately trading at Belfast, Co. Antrim, and at solicitor, Weymouth. Jan. 12; M. R., at eleven o'clock.

By Messrs. NEWBON and HARDING. Keady, Armagh, and in New York, U.S., under the style ary), Derwent-hill, Crosthwaite, Cumberland, and firm of William Kirk and son. larch l; Willian Islington.-Nos. 65, 67, 69, Canonbury-road, and an improved widow. Jan. 19; V.C. H. at one o'clock. Miller Kirk, 12, Bedford-street, Belfast.

ground rent of £20 per annuin, term 15 years-sold for WESTBURY (Right Hon. Richard, Baron), Westbury, Wilts. K188 (William D.), 2, Fen-court, Fenchurch-street, London, £1130.

and 75, Lancaster-gate, Hyde-park, Middlesex. Jan. 7; and 32, Deacon-street, Walworth, Surrey, gentleman. Nos. 36, 38, and 10, Spencer-rond, same term-cold for £$90. Harrison and Co., solicitors, 19, Bedford-row, Holborn, Dec. 30 įJ. W. Marsh, solicitor, ?, Fen-court, Fenchurch. South Hackney.-No8. 48 and 49, Hedger's-grove, term 80 Middlesex, Jan. 21, M. R., at eleven o'clock. street, E.C.

years-sold for £195,

TTANE

[ocr errors]

:

By Messrs. TOPLIS and HARDING.

The Magistrates' Clerk.-Could you distinguish, offence whatever, and said he did not see how the City.-No. 22, Paternoster-square, teran 35 years-sold for between heads and tails ?

case could be proved when the 17th section men. Friday, Nov. 25.

Witness.-No, but I heard them say it. I saw tioned the word gaming, and they had to go back By Mesers. Normox, TRIST, WATNEY, and Co., at the Mart. them look at them, and heard them say, "They to other statutes to explain that word. As to the Lower Tooting.--Church-street, freehold residence, known are all tails,” and then put them into the hat facts, he believed he should be able to dispose as the “ Rookery," and la. Sr. 37p.-sold for £1521,

again, There was no money passed then. At entirely of the idea that there was any gambling, Brentford.- High-strett, three plots of building land-sold twenty-five minntes to three the gentleman on Mr. to show that it was impossible for any one outside for $100. Tuesday, No. 92.

Foster's right hand pulled a bag out of his right to distinguish between different coins, or to hear By Messrs. Broad, PRITCHARD, and Wiltshire, at the hand trousers pocket, and took out of the bag what was said.

Mart.
Soho.- No. 97 and 28, St. Ann's-court, freehold sold for

what I thought was a sovereign, and put it on the Evidence was then called. L1210.

table, at the same time saying, “I have another The Magistrates retired, but were only absent By Messrs. DEBENHAM, TEwrox, and Farmer. sovereign to lose.” A minute or two afterwards two minutes. On their return, the CHAIRMAN Whitecliapel-road.-Nos. 124 and 125, freclold - sold for one of thein said, “What are we going to have to (Major French) said-We are very sorry to think 23-9. drink?"

that the conductor of so respectable an hotel City:- No. 81, Aldersgate-street freehold-sold for £1620.

This evidence was not shaken.

should have forgotten himself and lent himself Cartwright, in addressing the bench on behalf to an indiscretion which I don't think he would

of the defendant, said that it appeared that upon have done if he had considered the thing. He MAGISTRATES' LAW.

the night in question, Mr. Foster was compelled has been exceedingly well defended, but the pre

to be up, awaiting the coming in of the Irish mail, ponderance of evidence is against him, so strongly, NOTES OF NEW DECISIONS.

which, as their worships knew, arrived a little that there cannot be a doubt in our minds that INNKEEPER-LICENSING ACT 1872–BONA FIDE after half.past two in the morning. While so gambling was going on in that room contrary to TRAVELLER ONUS OF PROOF. – If a person waiting, he was no doubt in the commercial room the Act that governs licensed houses, and there. licensed to sell intoxicating liquors on his pre- with two customers who had come in rather late. fore we sentence the defendant to pay a fine of mises supplies persons within the hours prohibited But his explanation of what took place was this. £10, and in default of payment of the penalty by the Licensing Act (55 & 36 Vict. c. 91), s. 24, Upon that night, as well as upon the night pre- and costs, there will be imprisonment, which there the onus lies upon him of showing that the persons ceding, Herr Dobler had been giving a per. is no occasion to dwell upon, but, for the sake of so supplied are bona fide travellers. Quære, formance, and something was said about his trick form, we will say one month. We are not in. whether the existence of an honest, though mis- of taking money from a hat; and so it could be clined to say anything farther, because we think taken belief on his part that the persons so suponiy inferred that what did take place received an the defendant committed an act of indiscretion plied are bondi fide travellers, is sufficient to interpretation by the witnesses unfavourable to contrary to the wishes of the directors of that exempt him from liability under the Act.

the defendant, resulting in this serious charge, hotel, whose servant he is. QUARTER SESSIONS - APPEAL PowER OF when there really was no gaming whatever. What Mr. SALISBURY.-You will understand from JUSTICES TO MAKE RULES OF PRACTICE-REA- was done was done in a “ larkish ” mood, and not what the Chairman says that we do not intend to SONABLENESS OF RULE. - A court of quarter for the purposes of gaming: He (Cartwright) had endorse the license, because that would be unjust sessions has no power to refuse to allow the entry not had his attention directed to the section to the proprietors, who have suffered quite of an appeal against the refusal of justices to under which the information had been laid, but he enough from what he has done. grant a certificate for a licence, on the ground of assumed it was under a section of the last non-compliance with a rule of the sessions re. Licensing Act. [The Magistrates' Clerk : Yes, the quiring that appeals must be entered and the 17th section.], Then of course it would be an im.

HAMMERSMITH POLICE COURT. grounds of appeal given to the clerk of the peace portant consideration for their worships whether

Friday, Nov. 21. three clear days before the first day of sessions, the evidence, if they decided to place that con. when all the requirements of 9 Geo. 4, c. 61, s. 27, struction upon it given by the witnesses, estab.

(Before Mr. BRIDGE.) have been complied with. A court of quarter lished the fact that there was gaming. The wit

THE GAS LIGHT AND COKE COMPANY v. sessions having refused solely on such a ground nesses were outside the house, and he was prepared

O'BRIEN. to allow an appeal to be entered on the first day with evidence to show that, taking it for granted Gas rates-City of London Gas Act 1868—Rise in of sessions, made an order under 12 & 13 that everything took place which they said they price_Notice to consumer-Award of commis. Vict. c. 65, s. 6 for the payment of costs by the saw, they could not possibly have heard what was sioners. appellant to the respondents, as on an appeal said. They were nineteen feet from the party, In this case, a report of the first hearing of which which had not been entered or prosecuted. Held, and separated from them by a thick wall, by the win. appeared in the Law Times of Nov. 15, that the order for the payment of costs must be dow, curtains.gauze blind, and the rest of the appur Besley (instructed by Curtis and Bedford, soli. quashed: (Reg. v. Pavleit, 29 L. T. Rep. N. S. 390. tenances, so that it was next to an absolute impos. citors to the Gas Light and Coke Company) Q.B.)

sibility to hear the conversation. It necessarily appeared and said that he was prepared to prove LARCENY - SERVANT — BAILEE. - A traveller followed, therefore, in describing what took place, that a contract had been entered into by the was entrusted with pieces of silk (about 95yds. that the witnesses rather allowed their minds to defendant with the Western Gas Light Company, each) to carry about with him for sale to such come to the conclusion that gaming was going on. which company was amalgamated after the date customers as he might procure. It was his duty In point of fact, this was more like a prosecution of the coniract with the complainant company, to send by the next post after sale the names and instituted upon a theory oe basis arrived at by who thereupon became entitled to enforce alì con. addresses of the customers to whom any might persons who were simply spectators. But in case tracts entered into with the Western. The conhave been sold, and the numbers, quantities, and their worships should consider that the facts were tract of the defendant was to pay 5s. per 1000, prices of the silk sold. All goods not so accounted as the witnesses had stated, then he would call or other gas rate for the time being. The rates for remained in his hands, and were counted by their attontion to the law. The words in the Act were varied from time to time, and on the 7th April his employers as stock. At the end of each half. were, if any licensed person “suffers any gaming 1873, the defendant ceased to consume the gas at year it was his duty to send in an account for the or any unlawful game to be carried on. Now the house in respect of which this charge was made. entire six months, and to return the unsold silk. what was an unlawful game? There was no law Op the 17th the commissioners appointed to revise Within six months after four pieces of silk had which he was aware of, except the Vagrant Act, the price appointed by the Board of Trade, made been delivered to him, the traveller rendered an which dealt with the subject of coins at all. an award fixing the maximum price at 6s. 3d. account of the same, and entered them as sold to There was an Act which dealt with pitching and By a notice served on all consumers, on Dec. 16, two persons, with instructions to his employers to tossing, the 31 & 32 Vict., which was an amend. 1872, notice was given that the price would be send invoices to the alleged customers. It turned ment of the 5 & 6 Geo. 4. It was difficult to 58. 5d., or such other price as might be fixed by the out that this was false, and that he had appro- understand how the former conld be made to apply Board of Trade. In March 1873 a meter inder card priated the silk to his own use. Held, that he to that case. What did the Act mean by the was left with the defendant on which the

gas conld be properly convicted of larceny as a bailee : word gaming? Did it mean all sorts of offences was stated to be 58. 6d. per 1000. By the City of (Reg. v. Richmond, 29 L. T. Rep. N. S. 408. Cr. which came under the term gaming in that par. London Gas Act 1868 the award of the commisCas Rəs.)

ticular section, or what did it mean? Because sioners fixing the price is to take effect as on and

they knew full well that there were games which from the 1st Jan. of the year of revision (s. 66). CHESTER CITY POLICE COURT.

were lawful; they also knew that games might be He submitted that the facts being proved the gas

played, so long as they were not played for money rate for the time being, which the defendant was Tuesday, Nov. 18.

or money's worth. It was no offence for men to liable to pay pursuant to his contract, was that Gaming in a licensed house-Licensing Act, 1872, play at cards, so long as they did not play for which was fixed by the commissioners, namely, sect. 17.

money, or to play at dominoes or backgammon, so 68. 3d. MR. David Foster, the manager of the Gros- long as it was not for money. The loarned gentle. Mr. Bridge remarked that what the commis. venor Hotel, was charged upon an information, man then quoted the words of the Vagrant Amend. sioners had power to fix was the maximum price. laid by Mr.'J. L. Fenwick, the chief constable, ment Act 1868, which made pitching and tossing in It did not follow that that would be the charge to with having permitted gaming, contrary to the a public place an offence, and having cited a case provisions of the 17th section of the Licensing as to what was meant by a public place, and also F. O. Crump (instructed by Bartholomew) said Act.

the late Lord Campbell's definition of gaming, that was his point, and the defendant's contract Cartwright appeared for the defendant.

which included the staking of money, he said it having terminated on the 7th April he could not P.C. 15 (Holland) said-At half past two on was clear from that it was necessary to show that be affected by an award of the commissioners Tuesday morning last I was on duty in Eastgate money was staked.

made on the 17th. The commissioners having street. I was passing the Grosvenor Hotel, when Mr. SALISBURY.-So far as I am concerned, and power only to fix the maximum price it was I saw a light in the commercial roorn, and I heard I am sure my friends will go with me, I don't necessary that the company should prove that by people talking inside. I looked through the want to stop you in any argument, but don't you some resolution it authorised the charge of 6s. 3d. window-the blind was down, but there was a think you should confine yourself to this i7th upon the consumer. No evidence of any resoludistance of two or three inches between that and section?

tion had been adduced, If this were an action the window frame--and I saw Mr. Foster and two Cartwright.- I have been trying to make out for calls it could not be sustained without proof other gentlemen, one on each side of him. that there is no gaming according to law.

of the resolution authorising the call. Mr. SALISBURY. — Were they standing or Mr. SALISBURY.-But the offence is against this Mr. Bridge said he should adjourn again to sitting ?

Act, that he has permitted an unlawful game or give the company an opportunity of supplying Witness.--Sitting down. Mr. Foster had a hat gaming.

this evidence. It was clearly necessary. in his hand, and was shaking it. Presently he Cartwright said he had been arguing upon the The point, however, was waived for the time turned it upside down upon the table, and there assumption that there had been no gaming ; and being, in order to test the merits, and came ont of it what I thought to be a halfpenny, there was no law, so far as he could make out, Crump proceeded to argue that the notice of a penny, and a two-shilling piece or a half-crown. which declared what took place to be gaming, as the 16th Dec. was insufficient.

The CHAIRMAN.–Were they pushed towards the only Act of Parliament he could find which the Legislature that public notice should be given the winner ?

bore upon

the user of coin was the 31 & 32 Vict., of a rise or reduction by advertisement in a local Witness.—Yes, they were. I stood there a and

he asked how far that was recognized by the last newspaper or the Gazette was plain from sect. 40 quarter of an hour, during

which time the shaking Licensing Act ? He argued that what took place of the Metropolis Gas Act of 1860, and sect. 55 of the hat was continued, and money passed each was analogous to pitching and tossing in a private of the City of London Gas Act of 1868, the

former time, except when they all came heads or tails. room, which, if there were no stakes, was no providing for notice by advertisement on a rise of

a

rate

.

consumers.

The intention of price, and the latter for notice in the Gazette in arise. Held, further, that it was for the appel. the society, and that i call which was duo the case of reduction by consent. The proper lants to allege the licence of the Crown, and that had not been paid. The call was subsequently course for the company to pursue was to give such licence was not, on demurrer to the declara- paid, and on the 21st of March, 1870, a formal notice in January that they would charge from tion, to be assumed until the contrary was averred notice of the wish to transfer the shares to that date the maximum price which should be by plea: (Chaudière Gold Mining Company v. George Taylor, engineer,” was sent to the fixed by the commissioners. The meter card fixed Desbarats, 29 L. T. Rep. N.S. 377. Priv. Co.) society. On the 7th April, 1870, a transfer was the rate at 5s.6d, and the defendant could not be

NEGLIGENCE RAILWAY INVITATION TO executed, whereby Mr. Mushet transferred the affected by an ex post facto award.

ALIGHT AT A STATION-EVIDENCE FOR JURY. shares to Mr. Taylor, and Mr. Taylor accepted Mr. BRIDGE said that the notice of Dec. 16 –Plaintiff was travelling on defendants' line; at them in consideration of £35 paid to him by the had been left at the defendant's house, as it had the station to which she was going, and which she transferor. After some delay and objections the been left at others, and he should hold it to be a good notice. He thought the meaning of the Act the plaintiff saw that this was so, but having heard knew well, the train went beyond the platform; transfer was registered and Taylor's name placed

on the register of shareholders. It appears that of Parliament was, that although the commis- the name of the station called by the porters, and Taylor was the son of the laundress of Mr. sioners did not make their award until long after her compartment being close to the end of the Stewart's business chambers, and instead of being January, the power of the company under the platform, she put her foot on the step in order to

an engineer, was a stoker on a railway with wages award was to take effect as from the 1st January get oat;'at that moment the train was backed, of 278. a week, and was wholly unable to meet the in cach year. If there were no application for plaintiff

' was jerked on to the ground, and received liability on the shares. Teylor was never paid the revision the price was fixed at that at which it injury. The door had been opened by another

sum of £35. ; he was merely promised £1 by stood in 1870 (s. 57). The commissioners are to fix the maximum. notice that they would charge 5s. 5d., or such facts did not amount to evidence of negligence on The company in this case gave train was about to move back. Held that these up of the society the official liquidators impeached passenger, and plaintiff heard no warning that the Stewart, but he never received it. In the winding

the validity of the transfer, and applied to have other price as might be fixed by the Board of the defendants' part to go to a jury : (Lewis v.

Mr. Mushet's name placed on the list of contribu. Trade. This notice was not precisely accurate, London, Chatham, and Dover Railway, 28 L. T. tories. but he did not think notices of this nature should Rep. N. S. 397. Q.B.)

Napier Higgins, Q.C. (with him Montague be required to be as precise as in other cases.

Cookson), in the argument for the official liquiThe question was, whether they gave sufficient

WINDING-UP — CONTRIBUTORY - AMALGAMA. dators, relied on the decision of Lord Westbury notice to the consumer. Mr. Crump's argument TION- ALLOTMENT-DELAY IN REPUDIATION

in Walton Williams case (L. T. European Rep., might be very good to show that the legislation ACQUIESCENCE: --By the terms of an agreement p. 125), and contended that full information as to ought to be amended, but, being as it was, he for amalgamation entered into between the P. the proposed transferee had not been given to thought he ought to order payment of the Company, which was a limited company, and the the society by the transferor, and that the misamount.

U. Company, which was an unlimited company, representations made to the society were sufficient Crump applied for a case, which was at once

the P. Company was to be wound-up voluntarily, to invalidate the transfer. granted. and its members were to be entitled for every

Cotton, Q.C.(with him Kekewich), for Mr. Mushet fully paid-up £5 share held by them in the P. contended that the shares had been disposed of

Company to five shares of £1 each, fully paid up, the ordinary way on the Stock Exchange, and MARITIME LAW.

in the U. Company. W., who had been a director that if there had been any misrepresentation, it

of the P. Company, and a holder of twenty fully had been made by Mr. Stewart, who was not Mr. NOTES OF NEW DECISIONS.

paid-up shares in it, applied, in July, for 100 fully Mushet's agent.

paid-up shares in the U. Company “in accordance PRACTICE-COLLISION-CROSS CAUSE-Secu. with the terms of the agreement for amalgama- case, proceeded. Without meaning to assert that,

Lord ROMILLY, after stating the facts of the RITY-FOREIGN Parties.-Where to cause of tion,” but an order having been made to wind when a company is failing, one of the sharedamage is instituted in the High Court of Admi- up the P. Company compulsorily before his ap, holders may not get rid of his shares by disposing ralty against a ship, in respect of a collision in plication reached the U. Company, W. requested of them to a pauper, and thereby throw his porwhich the ship of the plaintiffs is totally lost, the chairman of a committee of shareholders of tion of the debts upon the other shareholders and the defendants institute & cross cause in the P. Company, to whom he had sent his appli- (though I consider that this proposition was not personam against the plaintiffs in respect of the cation not to forward it to the U. Company laid down by the Lords Justices in any case, and it same collision, both parties being foreigners until the compulsory winding.np had been resident abroad, and the plaintiffs decline to give stayed and all impediments in the way of still I am of opinion that if such a transfer of

was strongly dissented from by Lord Campbell), security to answer judgment in the cross cause,

the amalgamation removed. or to enter an appearance, the court will apply order having been stayed and the winding the transferor to supply the company with all the

The compulsory shares can ever be supported, it is incumbent on the provisions of the Admiralty Court Act 1861 (24 Vict. c. 10, s. 34), and will order proceedings cation was sent into the U. Company, and on

up continued under supervision, W's appli. materials and means in his power to enable them to be stayed in the principal cause until security the 7th Aug. a letter was sent to him stating that fitness of the transferee to be supplied in the

to form a just and accurate conclusion as to the is given in the cross cause : (The Charkieh, 29 the 100 shares had been allotted to him and his place of the transferrer. Unless this is done, it L. T. Rep. N.S. 404. Adm.) SALVAGE-ATTEMPT TO ASSIST IN REMOVING

name entered on the register, and that the amount appears to me that the transferor is conniving at

to be credited on the shares would be “the pro. SALVAGE BY OTHERS-RIGHT TO REWARD.

a fraud against the society, and cannot gain any Where a vessel makes a signal of distress, and pany.” W., being absent from home on a yacht- implicated. These conditions, which I consider

portionato amount of the net assets of the P. Com advantage from the transaction in which he is so another goes out with the bona fide intention of ing cruise, did not receive this letter till the end necessary, do not seem to have been fulfilled by assisting that distress, and as far as she can does of August. On his return to London, early in Mr. Mushet. He knew that Mr. Stewart was a so, but some accident occurs which prevents her October, he repudiated the shares, and was told person regularly employed for getting rid of unservices being as effectual as she intended them by the chairman of the U. Company that his name to be, and no blame attaches to her, the Court

safe shares. Without saying that Stewart was was not on the register. In the following month technically the agent of Mr. Mushet, there are of Admiralty, will not allow her to go entirely an order was made to wind-up the U. Company, many circumstances which show that he was unrewarded, but for the interests of commerce and W.'s name was found to be on the register in much more cognisant of Mr. Stewart's proceed. and navigation, and as an encouragement to per. respect of the 100 shares. The deed carrying out ings and of the situation of George Taylor form salvage services will give some reward. the agreement for amalgamation was engrossed in all of which he ought to have communicated Semble, if the property is salved by other means : | duplicate, and one part was executed by each to the society) than he thought fit to make (The Melpomene, 29 L. T. Rep. N. S. 405. Adm.)

company. The part executed by the U. Company known to them. The conduct of Stewart is MASTER'S WAGES DISBURSEMENTS

differed materially from that executed by the P. open to the gravest suspicion ; he acts as no

Company: Held, that there was no binding agree-broker would have acted on any Stock Exchange MASTER ALSO CO-OWNER-Right Or CO-OWNERS ment for amalgamation between the two companies, who regarded his own character; he agrees to TO SET-OFF SHIP's EXPENSES.-In a suit for wages and that W.'s delay in repudiating the shares take the shares for £35, to be paid to his client; and disbursements by a master, who is also co- allotted to him not in accordance with the terms he seeks for a client in the son of his housekeeper, owner, the other co-owners may, under the Mer- of his application, did not amount to acquiescence, to whom nothing appears to be said about the chant Shipping Act 1854 (17 & 18 Vict. c. 104), and that his name must be removed from the list £35-at all events, who never gets that sum, s. 191, set up a counter claim or set-off in respect of contributories of the U. Company. Decision of which is disposed of by Mr. Stewart's directionof outstanding co-ownership accounts, and claim Bacon, V.C., reversed : (Wynne's Case, 29 L. T. leaving the directors to suppose that it was a that the balance (if any) be paid to them. To a Rep. N. S. 381. L.JJ.) petition claiming master's wages and disburse

transaction bona fide with the person who wanted ments, and praying a reference of any accounts

to speculate on the probable rise of the shares. arising in respect thereto to the registrar and

If they had been acquainted with the whole trans. merchants, an answer alleging the master to be

EUROPEAN ASSURANCE ARBITRATION. action it would have been a clear breach of duty also co-owner, and that accounts are outstanding

Wednesday, Nov. 26.

on the part of the directors, of which no person between the plaintiff and the defendants, as co

cognisant could have allowed any one to have (Before Lord ROMILLY.)

taken advantage without gross misconduct to the owners, showing a balance on all accounts in

MUSHET'S CASE. favour of the defendants, and praying a reference

shareholders, for whom they were trustees. I to the registrar and merchants of all master's and Company solventTransfer-Subsequent winding. doubt whether Mr. Mushet himself considered Co-ownership accounts, will be allowed by the

up-Misrepresentation-Contributory. the transaction a bona fide one-nay, it appears High Court of Admiralty: (The City of Mobile, The facts of the case were these. In Sept. 1869, that Mr. Mashet himself, in February, 1870, was 23 L. T. Rep. N. S. 406. Adm.).

a petition was presented to the Court of Chancery trying to sell the same shares to a fresh transferee. to wind-up the European Assurance Society, but I am confirmed in the view I take of this case by it was unsuccessful. Mr. Mushet, who held '1400 observing what Lord Westbury did respecting it

shares in the society, thought it advisable to make in June last, and nothing that has since been done COMPANY LAW

inquiries into the real condition of the society, appears to me to affect the then position of the

and he was ultimately advised by Mr. Bell, à parties. It appears to me that Mr. Stewart, for NOTES OF NEW DECISIONS.

stockbroker of Edinburgh, to part with his shares, £35, got George Taylor to accept the shares, CAPACITY OF TRADING CORPORATION TO and even to pay a small sum in order to be relieved giving him nothing ; that he was a mere catspaw ACQUIRE LAND.-In an action on a warranty of of them. He accordingly authorised Mr. Bell to to enable Stewart to carry on the transaction for title bronght by the appellants, as vendees of dispose of the shares. Nr. Bell then went to Mr. his own benefit, intending George Taylor to take mining property in Lower Canada, against the Robert Stewart, another Edinburgh stockbroker, 'nothing: and I think that Mr. Mushet, both by respondents as the representatives of the vendor

who undertook to find a purchaser on condition of his agents and by himself, was aware of the of the appellants’ vendor: Held (affirming the 60. per share, or £35, being paid to the purchaser. nature of the transaction, or was so bound by the judgment of the Court of Queen's Bench, Lower

Mr. Steward supplied the name of the purchaser inquiry that he was bound to make that the transCanada), that the appellants, as a trading corpo. George Taylor, engineer, Coltbridge, Edin fer of shares made by Mushet to George Taylor ration, were incapable by the law of the colony of burgh." A transfer to him was executed and sent does not exonerate Mr. Mushet or relieve him acquiring lands without the licence of the Crown, to the society on the 1st Nov. 1809. Objections from the liability that he incurred by taking the which it was not alleged that the appellants had to this transfer were raised by the directors shares. I am of opinion, therefore, that Mr. obtained ; and therefore that the sale having been on the ground that proper notice had not Mushet must be restored to the list of shareinvalid, the right to sue on the warranty did not been given according to the regulations of holders.

AND

[ocr errors]
[ocr errors]

as

« EelmineJätka »