« EelmineJätka »
oquity, and I charge you to bring in a verdict of acquittal.” The jury did as they were bid.
A tax-collector at Naples absconded with a large sum of money. He was caught, brought back, and put on trial. His counsel admitted the charge, but put in the plea that, as the collector was one of the people, and the money was the people's money, it would be monstrous to convict him of stealing what was his own. It is well nigh incredible, but the story runs that on this plea the thief was acquitted.
Some years ago Miss Roxalana Hoonan brought Mr. Earle before the Brooklyn Court for breach of promise. She admitted that the gentleman had never promised marriage by his hand or tongue, but he had kissed her in company. Judge Neilson told the jury that no interchange of words was necessary, “ the gleam of the eye and the conjunction of the lips being overtures when frequent and protracted." and thus directed they made the defendant pay fifteen thousand dollars for heedlessly indulging in eye-gleams and lip-conjunctions.-Green Bag.
thereto, it seems that no other conclusion can be reached than that the death of the insured resulted from the inhalation of chloroform. While it is alleged that an unknown cause co-operated with the usual effect of the chloroform in producing death, no fact whatever is stated in support of this allegation. So far as the facts are shown, chloroform was administered in a proper way, and the insured suffocated, gasped, and died. Another exception in the policy is as to death
resulting either directly or indirectly, wholly or in part, from any of the following causes or conditions, or while so engaged or affected :
Medical or surgical treatment. Now, this expression, “ medical or surgical treatment,” of course, must have such meaning as that it shall not be inconsistent with and defeat the general terms, scope and purposes of the policy. It would not do, certainly, to say that if a man received a bodily injury which clearly came within the terms of the policy, and died while under medical or surgical treatment for the injury so received, he could not recover. Very clearly, it does not mean this ; but it has some mean. ing, or it would not be in the policy. In this case the surgeon, desiring to alleviate pain while replacing the hemorrhoids, administered chloroform, and the patient-in part, at least, according to the plaintiff's petition--died from the chloroform. How could there be a case that comes more clearly within the language of this exception, in the sense in which it must have been used ? It need not necessarily, it seems to me, be malpractice or carelessness on the part of the physician or surgeon; but certainly, to come within this exception, the medical or surgical treatment must be the proximate cause of death. If this is not true of this case, it seems difficult to imagine a case to which the exception would apply. So that, considering the right to recover of the company under the general terms of the policy, or under either of the exceptions, just referred to, I am clear that there is no liability. This case is controlled fully by the case of Bayless v. Insurance Company (supra). If there could be no recovery in that case (and I am not prepared to question its correctness), certainly there can be none in this. Indeed, the facts here do not make as strong a case as that. In taking unintentionally an overdose of opium, there is something of an accident, if not the kind of accident covered by the policy ; here there is nothing accidental either in the cause or means whatever. The administration of the chloroform was in the usual, ordinary, and proper manner. If, therefore, Judge Benedict was right in the Bayless case, there is certainly no ground for recovery here. The demurrer must be sustained.-- New York Law Journal.
ACCIDENT INSURANCE-INHALING ILLUMINATING
GAS OR ANÆSTHETICS. IN Paul v. Travellers Insurance Company (112 N. Y.472) and Menneiley v. Employers' Liability Insurance Corporation (148 N. Y. 596), the New York Court of Appeals went to a considerable length of substantial effectuation-as distinguished from technical interpretation-of accident insurance policies, in order to hold the insurers liable for the death of insured persons, occasioned by the accidental escape of illuminating gas in sleeping rooms. Whatever the technical difficulties in the way of such construction may have been, it would seem that the action of the court was in accord with the general contemplation of the contracts of insurance. It was held that the exceptions in the policies sued on, against liability for death or disablement through the inhaling of vapour or gas, applied only to cases where there had been some voluntary or conscious predetermining act on the part of the subjects of insurance. In this broad and equitable view, death through the ananticipated escape of illuminating gas is as essentially an accident as any casualty of physical violence.
In Westmoreland v. Preferred Accident Insurance Company, in the United States Circuit Court, N. D. Georgia (June 1896, 75 Fed. R. 244), it appeared that a policy was issued to one W., insuring him against death from bodily injury caused solely by external, violent, and accidental means, but stipulating that there should be no liability for injury resulting from anything "accidentally or otherwise taken, absorbed, or inhaled,
or resulting, either directly or indirectly, wholly or in part, from
medical & surgical treatment.” In an action on the policy after W.'s death, it was alleged in the declaration that, in order to relieve him from the pain of a surgical operation, a physician administered chloroform to W. in a proper way, and that before he came under its influence, from it and some unknown cause combined, he suffocated and died, that death would not have resulted from the chloroform alone, but did result from the operation of the chloroform, acting in an unusual way, and the unknown cause. It was held on demurrer that the declaration stated no cause of action. In this case the inhaling of chloroform was indisputably a voluntary and deliberate act, and it would seem--fully as much as the New York cases above cited—that the broad and substantial purport of the contract of insurance was effectuated.
The Court said in part: "Conceding that the external violence need not necessarily be forced from without, such as a fall or a blow, but would embrace death from such causes--if not expressly excepted in the policy -as the accidental inhalation of illuminating gas (Bayless v. Insurance Company, Fed. Cas. No. 1138), or from a piece of beefsteak passing accidentally into the windpipe (Accident Company v. Reigart, (Ky.) 23 S. W. 191), still it would require quite a broad and liberal construction of this expression to extend it to the cause of death in his case. The language of the policy is, “ Caused solely by external, violent, and accidental means”; and the statement in the declaration here is that death did not result solely from the known cause—that is the administration of chloro. form-but that “ death was not caused by its administration, nor by said disease, but was caused by something to petitioner unknown, in conjunction with the unusual and unforeseen action of chloroform, and that that said chloroform would not have produced death, except for the intervention and co-operation of the said unknown cause.” So that if even the action of the chloroform, operating in an unusual, unexpected, and unforeseen way, could be said to be external, violent, and accidental means, it was not the sole cause of death. But does the co-operation of an unknown cause with a known cause strengthen the plaintiff's case ? Certainly it will not be contended that, under a policy like this, there can be a recovery where the case stands entirely on death from an unknown cause. It is incumbent on the plaintiff in such a suit to show that death resulted from "external, violent, and accidental means," and, in order to do this, show death in a particular way which comes within this language The unknown cause might be one of the very things against which the company did not intend to insure. The policy is limited in its scope, and the cause of death must come within the limitation. It seems, therefore, that the combination of an unknown cause of death with a known cause, which was not the sole cause of death, and which of itself would not have had such result, could not make any stronger case of liability than either of the two considered separately. It is hardly necessary however, to discuss this case in the foregoing view, for the reason that the cause of death comes clearly within two of the exceptions in the policy, as to which it is stipulated there shall be no liability on the part of the company. It excepts injury, fatal or non-fatal,“ resulting from
anything accidentally or otherwise taken, administered, absorbed, or inhaled.” Now, so far as any facts are set out in the plaintiff's petition, and the amendment
CODIFICATION OF MERCANTILE LAW.
MEMORIAL TO THE SECRETARY FOR SCOTLAND. Unto the Right Hon. Lord Balfour of Burleigh, the Secretary for Scotland, the memorial of a committee of legal and mercantile bodies in Scotland in regard to the Codification of Mercantile Law. Respectfully sheweth,
That a conference for the purpose of furthering the movement for the Codification of Mercantile Law was held in Edinburgh, on the 13th July 1896, of delegates from the following legal and mercantile bodies in Scotland, viz. : Faculty of Advocates, Society of Writers to the Signet, Society of Solicitors in the Supreme Courts, Society of Procurators of Midlothian, Society of Accountants in Edinburgh, Faculty of Procurators of Glasgow, Faculty of Procurators of Greenock, Incorporated Society of Law Agents in Scotland, Edinburgh Chamber of Commerce, Scottish Trade Protection Society, Leith Chamber of Commerce, Dundee Chamber of Commerce, Aberdeen Chamber of Commerce, Greenock Chamber of Commerce, and Edinburgh Merchant Company.
That at the said conference the following resolution was unanimously adopted on the motion of John A Spens, Esq. Writer, Glasgow, president of the Incorporated Society of Law Agents in Scotland, seconded by Sir Thomas Clark, Baronet, chairman of the Edinburgh Chamber of Commerce, and supported by Charles M'Combie, Esq. advocate, Aberdeen, secretary of the Aberdeen Chamber of Commerce, viz.: “That the feasibility and utility of a Code of Law have been proved by the experience of foreign countries and British Colonies, as well as by the codifying statutes in the United Kingdom relating to Bills of Exchange, Sale of Goods, &c., and have been recently emphatically recognised, as regards mercantile law, by the unanimous resolution of the Congress of the Chambers of Commerce of the Empire.”
That at the said conference the following resolution was also unanimously adopted on the motion of Robert Weir, Esq., treasurer of the Edinburgh Merchant Company, seconded by James Thin, Esq., chairman of the Scottish Trade Protection Society, and supported by Richard Brown, Esq., Professor of Commercial Law, St. Mungo's College, Glasgow, viz. : “ That the completion of a Mercantile Code, i.e., of the law relating to mercantile transactions, would at the present time be the most suitable instalment of codification, and should be carried forward without delay."
That at the said meeting the following resolution was also unanimously adopted on the motion of M. C. Grant, Esq., chairman of the Leith Chamber of Commerce, seconded by Wm. Stuart Fraser, Esq. Writer to the Signet, and supported by Æneas J. G. Mackay, Esq., LL.D., advocate, Sheriff of Fife and Kinross, viz. : “ That, under proper safeguards, the assimilation of the Law of England and Scotland effected in the codifying statutes already passed should be continued in conpleting a Mercantile Code." That at the said meeting
it was further unanimously resolved, on the motion of Charles hie, Esq., preside of the ciety of Solicitors in the Supreme Courts, seconded by Richard Vary Campbell, Esq., LL.B., advocate, Sheriff of Roxburgh, Berwick, and Selkirk, to form a committee for the purpose of furthering the views of the conference as expressed in the above resolutions, and to present this memorial to your Lordship as the Secretary for Scotland.
The views of your memorialists on the subject may be gathered from the report of the conference herewith submiited. There is also sent a short statement prepared for the Edinburgh Merchant Company, showing, in a popular way, the advantages of codification.
Your memorialists respectfully request that your lordship may be pleased to urge upon Her Majesty's Government the desirability of taking the necessary steps to have the mercantile law codified with the least possible delay, and im the meantime that your Lordship may be pleased to receive a deputation on the subject from your memorialists.
Signed in name and on behalf of the committee upon the second day of December eighteen hundred and ninety-six.
W. W. ROBERTSON, Master of the Edinburgh Merchant Company, Convener. The Merchants' Hall, Edinburgh.
RATING OF ADVERTISEMENTS. At the Liverpool Police-court, on the 27th inst., Mr. T. E. Sampson delivered judgment in a case brought before him a fortnight ago by the Liverpool Corporation to recover £608, being rates upon an assessment for £3355 in respect of the London and North-Western Railway Company's line from their stations in the city to the boundaries of the parish. The corporation contended that, inasmuch as advertisements were placed on the walls of the cuttings and at the sides of the railway, the land was not “ used only as a railway,” and that therefore the company were liable to pay rates upon the full assessment. The company, on the other hand, submitted that the land was used only for purposes of a railway, and that consequently they were liable to pay only upon onefourth of the whole assessment.--Mr. Sampson, in delivering judgment, remarked that in no sense could it be said trade and general advertisements were in any way necessary for the purpose of working a railway, and therefore entitled to be assessed at one-fourth of the full assessment. His opinion was that the proper way to deal with the matter would be to divide the assessment, and as it had been agreed that the assessment on the railway was £3300 and the assessment in respect of the advertisements was £55, he considered the company should be rated at one-fourth on the larger assessment and rated in full in respect of the £55 for the advertisements. A case was granted for the opinion of the High Court.
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 from the date given, unless other claimants sooner appear.] JACKSON (Rev. Thomas), Stoke Newington, rector. £22 10s. £2 158. per Cent. Con
solidated Stock, late New Three per Cent. Annuities. Claimant, Elizabeth Prudence Jackson, widow, sole executrix of the said Rev. T. Jackson, deceased. Jan. 25.
solicitors. Notices of intention to appear on the hearing of the petition must le signed by the person or Arm, or his or their solicitor (if any), and must reach the
above-named not later than two o'clock on Feb. 6. ACME AND IMMISCH ELECTRIC WORKS LIMITED. --Creditors who have not already
sent in their claims are required to send in, by Feb, 3, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. E. Wilding, 2, Clement's-inn, Strand, one of the liquidators of the company. Ward, Perks, and McKay, 85, Gracechurch-st, solicitors for the
liquidators. BANK OF SYRIA LIMITED.-Petition for winding-up to be heard Feb. 1, before the
Court sitting at the Royal Courts of Justice, Strand. Dollman and Pritchard, 39, King-st, Cheapside, agents for Hayward and Smith, of Rochester, Kent. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above
named not later than two o'clock on Jan. 30. BRICE AND CO. LIMITED.—Petition for winding-up presented by John Glark, Jackson
Clark, Ledlie Clark, and Charles Clark, trading as L. Clark and Co., of 27, Yorkst, Manchester, to be heard Feb. 8, before the Court sitting at the Royal Courts of Justice, Strand. Bower, Cotton, and Bower, 4. Bream's-buildings, Chancery-la, agents for Sir Thomas Wright and Son, Leicester, solicitors for the petitioners.-Petition for winding-up presented by Charles Case and Walter Edward Case, trading as Charles Case and Son, of Frome, Somersetshire, to be heard Feb. 8. before the Court sitting at the Royal Courts of Justice, Strand. Le Brasseur and Oakley, 12, New-ct, Lincoln's-inn, agents for Stone, King, and Co., of Bath, solicitors for the petitioners. Notices of intention to appear on the hearing of the petitions must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named agents respectively not later than six o'clock
on Feb. 6. BRIGHTON MARINE PALACE AND PIER COMPANY.--Petition for winding-up to be heard
Feb. 1, before the Court sitting at the Royal Courts of Justice, Strand. J. T. Rossiter, 37, Coleman-st, the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than two o'clock on
Jan. 30. CONCENTRIO SEAMLESS STEEL TUBE COMPANY LIMITED.-Creditors to send in, by
Feb. 8, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. S. H. Hossell, Hathertonchmbrs, Old-sq, Birmingham, the liquidator of the company.
Beale and Co., 3, Newhall-st, Birmingham, solicitors to the liquidator. COOLGARDIE CONSOLIDATED GOLD MINES LIMITED.--Petition for winding-up to be
heard Feb. 1, before the Court sitting at the Royal Courts of Justice, Strand. Bull and Bull, 31, Essex-st, Strand, P. J. Gordon and Son, 51, Lincoln's-inn-flds, solicitors for the petitioners. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and
must reach either of the above-named not later than two o'clock on Jan. 30. CONTINENTAL METROPOLITAN TRAMWAYS COMPANY LIMITED.-Creditors to send in,
by Feb. 23, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to the Secretary of the liquidators of the Continental Metropolitan Tramways Company Limited at St.. Michael House, Cornhill. H. C. Godfray, 60, Finsbury-pavement, solicitor for the
liquidators. CHESTERFIELD WATER WORKS AND GAS LIGHT COMPANY.-Creditors to send in, by
March 25, their names and addresses and the particulars of their claims, to Mr. W. Brining, Salter-gate, Chesterfield. Stanton and Walker, Low-pavement,
Chesterfield, solicitors for the company. GOLDEN PLUM CONSOLIDATED GOLD MINES LIMITED.—Petition for winding-up to be
heard Feb. 8, before the Court sitting at the Royal Courts of Justice, Strand. Wilson, Bristows, and Carpmael, 1, Copthall-bldgs, solicitors for the petitioners. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above
named not later than two o'clock on Feb. 6. HASWELL,
SHOTTON, AND EASINGTON COAL AND COKE COMPANY LIMITED.-Creditors to send in, by March 1, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. R. H. Holmes, Royal-arcade, Newcastle-upon-Tyne, the liquidator of the company.
Ryott and Swau, Newcastle-upon-Tyne, solicitors to the liquidator. HILLE INDIA RUBBER COMPANY LIMITED.-Adjourned petition for winding-up to be
heard Feb. 1, before the Court sitting at the Royal Courts of Justice, Strand. Powell and Burt, 28 and 29, St. Swithin's-la, solicitors for the petitioners, the said company
Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach
the above-named not later than two o'clock on Jan. 30. LLANDUDNO BRICK COMPANY LIMITED.--Petition for winding-up to be heard Feb. 1,
before the Court sitting at the Royal Courts of Justice, Strand. Kennedy, Hughes, and Kennedy, 1, Clement's-inn, Strand, agents for R. Bellis, Llandudno, solicitor for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any),
and must reach the above-named not later than two o'clock on Jan. 30. LUCAS BROTHERS LIMITED.-Creditors to send in, by Feb. 8, their names and addresses
and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. L. H. Elkington, Newhall-st, Birmingham, the liquidator of the company. Beale and Co., 3, Newhall-st, Birmingham, solicitors to the
liquidator. Moss LITTER AND PEAT INDUSTRIES LIMITED (in liquidation).-Creditors to send in,
by March 8, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. H. F. Stone 11,
Queen Victoria-st, the liq dator of the company. MYSORE EXPLORATION SYNDICATE LIMITED.-Creditors to send in, by Feb. 24, their
names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. F. H. Satchwell, 15 and 16, George-st. Mansion House, the liquidator of the company. Dixon, Watts, and Elkin, Saroy
mansions, the Savoy, solicitors to the liquidator, News DISTRIBUTION COMPANY LIMITED.-Petition for winding-up to be heard Feb. 1,
before the Court sitting at the Royal Courts of Justice, Strand. T. A. Dennisop and Co., 71, Gracechurch-st, solicitors to the petitioners. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above-named not later than two
o'clock on Jan. 30. NEWMARKET BREWERIES AND WHITE HART HOTEL COMPANY LIMITED.-Petition for
winding-up to be heard Feb. 1, before the Court sitting at the Royal Courts of Justice, Strand. A. Myers, 3, South-są, Gray's-inn, solicitor for the petitioner. Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any), and must reach the above.
named not later than six o'clock on Jan. 30. RAIKES HALL PARK GARDENS AND AQUARIUM COMPANY LIMITED.-Creditors to send
in, by Feb. 27, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Mr. J. 'H. Robinson,
Talbot-combrs, Talbot-sq, Blackpool, one of the liquidators of the company. SOUTHERN INDIA ALPHA GOLD MINING COMPANY LIMITED. - Oreditors to send
in, by March 31, their names and addresses and the particulars of their claims. and the names and addresses of their solicitors (if any), to Mr. J. D. A. Norris,
Suffolk House, Laurence Pountney-hill, Cannon-st, the liquidator of the company. S. H. SWIRE AND CO. LIMITED.-Petition for winding-up to be heard Feb. 1, before the
Court of Chancery of the County Palatine of Lancaster, sitting at St. George's. hall, Liverpool, at half-past ten o'clock. Hardings, Wood, and Wilson,. 69, Princess-st, Manchester, agents for J. Whitworth, Ashton-under-Lyne, solicitor to the petitioner, Notices of intention to appear on the hearing of the petition must be signed by the person or firm, or his or their solicitor (if any)
and must reach the above-named not later than two o'clock on Jan. 30. SALFORD PRINTING COMPANY LIMITED (in liquidation).--Creditors to send in, by
March 2, their names and addresses and the particulars of their claims, and the names and addresses of their solicitors (if any), to Messrs. Bowden and Widdowson, 19, Brazennose-st, Manchester, the solicitors for Mr. G. R. Johnson, the liquidator of the company.
HEIRS-AT-LAW AND NEXT OF KIN. Fox (Thomas Henry), son of Thomas and Emily Fox, seaman, and any person or
persons claiming through him to be interested in the property in question in an action of Gregory v. Edwards, to come in, by March 11, and establish their respective claims in respect thereof at the chambers of Mr. Justice Romer, March 12, at the said chambers, at twelve o'clock, is the time appointed for hearing and adjudi
cating upon such claims. HOLT (James), 12, Belgrave-pl, Bury, Lancashire, timber merchant, who died on
April 5, 1888, by his will made certain bequests to his illegitimate son James Holt. The person claiming to be the said J. Holt, the son, and all persons claiming to be now entitled to the share of the said J. Holt under the said will, and, in the event of his death, any persons claiming to be his legal personal representatives, to come in, by Sept. 18, and prove their claims before the Registrar of the Manchester District of the Court of Chancery of the County Palatine of Lancaster, Duchy-chmbrs, 4, Clarence-st, Manchester. 28, at the said chambers, at twelve o'clock, is the time appointed for hearing and adjudicating upon such claims. The said J. Holt, the son, left Bury for Australia about thirty-two years ago, and was last heard of at Rose Villa, Hampton-st, Brighton, near Melbourne, Australia, about Aug. 1893. Any person having any knowledge of his whereabouts, if living, or the date and place of his death, if dead, are requested to
communicate with Mr. R. B. Wallis, solicitor, 14, Union-st, Bury. JOHNSON (Robert), 53, Stanley-rd, and 45, Hertford-rd, Bootle, Lancashire, iron
monger, who died on Nov. 19, 1896. His next of kin to send in, by Feb. 16, the
particulars of their claims to Mr. T. Evans, solicitor, 67, Lord-st, Liverpool. MEADOWS (Henry Frederick), Langley, Glebe-av, Windmill-bill, Enfield, who died at
New-ct, St. Swithin's-la, on Dec. 28, 1894. His next of kin to apply to the
Solicitor for the Treasury, Treasury-chmbrs, Whitehall. RULE (William Charles), a solicitor of the Supreme Court of Judicature, England,
died May 2, 1895. John Rule, a brother of the above, was born June 13, 1812, and died at Aylesbury, Bucks, April 20, 1846, leaving a child known as “ Harry Miller" or * Harry Rule Miller," who went to Australia about 1858. James Rule, another brother of W. O. Rule, born Sept. 5, 1814, went in the “ Thirties " to Tasmania and was in business as a coachmaker with Henry Standage or Clark, whose widow he subsequently married. James Rule was in England in 1847, and returned to Launceston, Tasmania, in 1849 or 1850, and then went to Kooringa Burra. Persons claiming to be next of kin according to the Statutes of Distribution of W. O. Rule living at his death, or the legal personal representatives of such next of kin as are now dead, or persons claiming to be meant by the testator by the description in his will as "Wm. James Rule, the son of my brother James now residing at Kooringa in Australia," to come in, by July 1, and enter their claims at the chambers of Mr. Justice Stirling. July 9, at the said chambers, at twelve o'clock, is the time appointed for hearing and adjudicating upon such
claims. SMYTH (Julia), Woodheys, Sale. Cheshire, spinster, who died there on Nov. 20, 1896.
Her next of kin to apply to the Solicitor for the Treasury, Treasury-chmbrs, Whitehall.
APPOINTMENTS UNDER THE JOINT STOCK WINDING-UP ACTS. ANGLO-FRENCH (COLONIAL) MINING Trust LIMITED.—Petition for winding-up, to be
heard Feb. 8, before the court sitting at the Royal Courts of Justice, Strand. Linklater, Addison, Brown, and Jones, 2, Bond-et, Walbrook, petitioner's
WEST INDIAN AND BRITISH GUIANA ICE COMPANY LIMITED.--Order for continuation
of voluntary winding-up, subject to the supervision of the court, made by Mr. Justice Romer on Jan. 11. S. J. R. Stammers, 27 and 28, Basinghall-st, solicitor for the petitioner.
CREDITORS UNDER ESTATES IN CHANCERY.
LAST DAY OF PROOFS. AUSTIN (David), Horsebridge, Hellingly, and of Hailsham, both in Sussex, grocer,
beerseller, and gunsmith. March 1; A. S. C. Doyle, solicitor, 1, Now-inn, Strand.
March 9; Mr. Justice Stirling, at twelve o'clock. CARRINGTON (Samuel), Love Lane-corner, Great Clacton, Essex, labourer. Feb. 8:
the Registrar of the County Court of Essex holden at Colchester. Feb. 12; the
said Registrar, at eleven o'clock. GODDARD (Harry Robert), Loddon, Norfolk. yeoman. Feb. 23; F. S. Ellen, solicitor,
Great Yarmouth, Norfolk, March 2; Mr. Justice Romer, at twelve o'clock. RAYBOULD (John), Pensnett, Staffordshire, ironmaster and coalmaster, Feb. 25;
F. Deeley, solicitor, Dudley, Worcestershire. March 4; Mr. Justice Romer, at
eleven o'clock. THOMPSON (Joseph), Brampton, Cumberland. Feb. 27; T. Forster, solicitor,
Brampton. March 5; Mr. Justice Stirling, at twelve o'clock. WILLIAMS (Evan), 17, Lord-st., Blaenau Festiniog. Feb. 8; T. Jones, Registrar of
the Carnarvonshire County Court holden at Portmadoc and Blaenau Festiniog. Feb. 9; the Registrar aforesaid, at half-past twelve o'clock.
CREDITORS UNDER 22 & 23 VICT. C. 35.
LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. BURROWS (George), 176, Maple-rd, Penge, builder. Feb. 20; Rowland and Hutchinson,
solicitors, 102, High-st, Croydon, Surrey. BROWNSMITH (Elizabeth), 2, Carnarvon-villas, Gloucester-rd, Newbury, Berkshire.
Feb. 21; J. Bristow, one of the executors, Wilton House, Longley-rd, Tooting,
Surrey: Carr, Tyler, and Co.. solicitors, 23, Rood-la. BROWNE (Major-Gen. Sir James), K.C.S.I., C.B., the Residency, Quettah, Beloocbistan,
India. Feb. 22; W. Webb, solicitor, Bush Lane House, Bush-la. BENSON (Benjamin), Church-rd, New Mills, Derbysbire, carrying on business with
another under the style or firm of B. and J. Benson, indiarubber manufacturers, at New Mills. March 25; C. Jowett, solicitor, Stretford-chmbrs, Warren-st,
Stockport. BROWN (Joseph), 332, Camden-rd, Holloway, and of 25, Bedford-row, Holborn,
licensed appraiser. Feb. 20; Hubbard, Son, and Eve, solicitors, 110, Cannon-st. BURTON-PHILLIPSON (Rev. William Wynne), Foleshill, near Coventry, Warwickshire,
vicar of St Paul's, Foleshill. Feb. 28; Leman and Co., solicitors, 51, Lincoln's
inn-flds. BONNER (Charles Foster), Spalding, Lincolnshire, gentleman. Feb. 5; Calthrop and
Bonner, solicitors, Broad-st, Spalding. BATTISON (Sarah), formerly of Scarborough, Yorkshire, late of 2, Park-rd-villas,
Halifax, Yorkshire, widow. March 1; G. H. Hirst, solicitor, Westgate,
Dewsbury. BLIGH (Anne Price), New Hall, Builth, Brecknockshire, widow. March 21; H. V.
Vaughan, solicitor, Builth. BAGG ALEY (George), Haydn-rd, Sherwood, Nottingham, retired lacemaker. March 15;
Norledge and Co., solicitors, Newark. BLACK (Archibald), 101, Avenue du Commerce, Antwerp, Belgium. engineer. Feb. 16;
Spyer and Sons, solicitors, 53, New Broad-st. BOND (Frances Julia), 1, Osborne-villas. Hove, and of 1, Wolverton-grdns, West
Kensington, and 4, Regent-st, Cambridge, spinster. March 1; Lee and Pembertons.
solicitors, 44, Lincoln's-inn-fds. BEDFORD (Squire), Sunny Bank, Wheatley, Halifax, farmer. Feb. 20; L. J. Day,
solicitor, 2, Barum Top, Halifax. BAYLIS (Robert), the Strand, Bingley, Yorksbire, grocer. March 1; A. Platts,
solicitor, Bingley. CLARK (Elizabeth Hensman), Farndish, Bedfordshire, spinster. Feb. 23 ; J. Heygate,
solicitor, Wellingborough. CHRISTIE (Marianne), formerly of Tramore, London-rd, St. Leonards-on-Sea, then of
the Eversfield hotel, St. Leonards-on-Sea, Sussex, late of the Royal Albion hotel, Brighton, Sussex, widow. Feb. 20; G. A. Martin, solicitor, 6, Guildhall-chmbrs,
31, Basinghall-st. CROWN PERMANENT BENEFIT BUILDING SOCIETY.-Creditors and other persons having
any claim or demand upon or against the above-named society, formerly established at Fawcett-st, Sunderland, Durham, to send in, by March 1, the particulars of their claims to Messrs. Botterell and Roche, 26, St. Thomas-st, Sunderland, the solicitors for Mr. R. A. Brown, of Sunderland, the trustee appointed under an instrument of dissolution of the said society dated July 17,
1893. CHRISTIE (Margaret Jane), Prestwich, Lancashire, spinster. Feb. 28; Oliver, Jones,
Billson, and Co., solicltors, 5, Cook-st, Liverpool. COWELL (Phillis), 'Millfield, Kirknewton, Northumberland, widow. March 1:
Dickinson, Miller, and Dickinson, solicitors, 46, Grainger-st West, Newcastle
upon-Tyne. DANIELL (William Wilberforce), West Bergholt, Essex, brewer. March 16; Goody
and Son, solicitors, Colchester. DORE (John), 2, Bexley-villas, 79, Carnarvon-rd, Stratford, Essex, coppersmith.
March 1; Lickorish and Co., solicitors, 11, Queen Victoria-st. DUGDALE (William), Symonstone Hall, near Burnley, Lancashire, J.P., D.L.
March 6; Needham, Parkinson, Slack, and Needham, solicitors, 10, York-st,
Manchester. DORRELL (William), 34, Baker-st, Portman-sq. gentleman. March 6; Kennedy,
Hughes, and Kennedy, solicitors, 1, Clement's-inn, Strand. FORD (Hugh Harris), Horwell Town. Newton St. Cyres, Devon, gentleman. Feb. 20;
Sparkes, Pope, and Thomas, solicitors, Upper Paul-st, Exeter. Fox (George Lane), Bramham, Yorkshire, gentleman. March 1; Farrer and Co.,
solicitors, 66, Lincoln's-inn-flds. GRACE (William), Upton Rocks Farm, Upton, near Widnes, Lancashire, farmer.
March 1; Ridgway and Worsley, solicitors, 2, Cairo-st, Warrington. GUY (Theophilus), Thomson-rd, Seaforth, near Liverpool, Lancashire, coal merchant.
Feb. 28; Evans, Lockett, and Co., solicitors, 6, Commerce-chmbrs, 15, Lord-st,
Liverpool. GAYFORD (George), Wellingham, Norfolk, farmer. Feb. 22 ; Cates, Butcher, and
Andrews, solicitors, Fakenham, Norfolk. GROVES (Joseph), Firth House, Rastrick, Brighouse, Yorkshire, gentleman. March 1;
G. Furniss, solicitor, Bank-bldgs, Brighouse. HOLDER (Thomas), Elmfield, Ullet-rd, Princes-Park, Liverpool, and of 2, Tithebarn-st,
Liverpool, cotton broker, justice of the peace. March 8; Miller, Peel, Hughes,
Rutherford, and Co., solicitors, S. Cook-st, Liverpool. HARPER (John), Falling's Heath, Wednesbury, Staffordshire, iltter. March 1; Slater
and Co., solititors, Butcroft, Darlaston. HEBBLETHWAITE (John), Rotherham, Yorkshire, retired draper. March 9; Oxley and
Coward, solicitors, Rotherham. HANNAFORD (Adams), 2, South-pl, Kingsbridge, South Devon, gentleman. March 6
Mann and Crimp, solicitors, 17, Essex-st, Strand. HOLL (Ellen), 101, Manningham-la, Bradford, Yorkshire, wife of James Hall, a
labourer. March 15; Hutchinson and Sons, solicitors, Piccadilly-chmbrs,
Piccadilly, Bradford. JOHNSON (Robert), 53, Stanley-rd, and 45, Hertford-rd, Bootle, Lancashire, ironmonger.
Feb. 16; T. Evans, solicitor, 67, Lord-st, Liverpool. JAMES (Elizabeth), Quay-st, Haverfordwest, maltster. Feb. 15; Price and Son,
solicitors, Dew-st, Haverfordwest. JOPLING (Margaret), Bishop Auckland, Durham, wife of Mark Jopling. March 1;
J. and R. W. Proud, solicitors, Bankside, Bishop Auckland. LONSDALE (Claude), the Greys, Eastbourne, Sussex, a lieutenant in the Sussex
Artillery. Feb. 27; W. Lonsdale, administrator, Hutton Roof, Eastbourne, Sussex. Ramsden and Co., solicitors, 150, Leadenhall-st.
LOMAX (Charles), Museum-st, Warrington, Lancashire, gentleman. March 1; Ridg
way and Worsley, solicitors, 2, Cairo-st, Warrington. LOMAX (Samuel), Hough End Hall, Withington, Lancashire, farmer, March 1;
Lingards, solicitors, 10, Booth-st, Piccadilly, Manchester, LUCKETT (Henry Augustus), Calne, Wiltshire, gentleman. March 1; G. J. Gough,
solicitor, Church-st, Calne. LEVY (Charles), 85, Linden-grdns, Bayswater, and of Kingston, Jamaica, merchant.
March 9: W. A. Crump and Son, solicitors, 10, Philpot-la. MCKENZIE (Neil Kennedy), 224, Piccadilly, March 1; Neish, Howell, and Mackfar
lane, solicitors, 66, Watling-st. MIDDLETON (Thomas), Southborough, Kent, retired corn dealer. Feb. 17; T. Buss,
solicitor, Tunbridge Wells, Kent. MAYES (Charles Seeley), Lowestoft, Suffolk, carpenter and joiner. Feb. 19; R. B.
Nicholson, solicitor, Lowestoft. MASSEY (Ambrose Shere). Madras, India, but temporarily residing at Benwell
House, Woodchester, Stroud, Gloucestershire, civil and mechanical engineer and founder. March 25; S. Price and Sons, solicitors, Worcester House, Wal
brook. MCDOUGALL (John), 14, Westbourne-st, Stockton-on-Tees, Durham, draper. March 1;
Thomas and Malkin, solicitors, Stockton-on-Tees. MILES (Sarah), Stratford-upon-Avon, Warwickshire, widow. March 7; Slatter, Son,
and Gibbs, solicitors, Stratford-upon-Avon. MCINNES (John), Neath Bank, Wallasey, Cheshire, composition manufacturer.
March 10; R. W. Smith, solicitor, York-buildings, 14. Dale-st, Liverpool. MAUGHAN (Eleanor), formerly of 22, Oxford-st, afterwards of 133, Portland-rd, both
in Newcastle-upon-Tyne, late of 28, Trajan-st, South Shields, Durham, spinster.
Feb. 6; J. F. Stewart, solicitor, 4, New Bridge-st, Newcastle-upon-Tyne. OCOCK (Grace), South Brisbane, Queensland, wife of Jobn Ocock, solicitor. Feb. 22 ;
J. E. Anderson. 37, Ironmonger-la, Cheapside. PITT (Joseph), formerly of Knowle, Warwickshire, cab and car proprietor, late of the
Three Tuns hotel, Warwick-row, Coventry, hotel proprietor. Feb. 25; W.J.
Burman and Rigbey, solicitors, 57, Temple-row, Birmingham. PALMER (Henry Francis), 170, Grove-rd, formerly of 168, Grove-rd, Bethnal Green,
gentleman. Feb. 22; A. Cayley, solicitor, 23, Southampton-bldgs, Chancery-la. PILE (Richard), Claughton, Beulah Hill, Upper Norwood, Surrey, formerly of Bombay,
gentleman. March 31 ; Guillaume and Sons, solicitors, 9, Salisbury-sq. PRICE (John), 12 and 13, Market Hall, and of 108, Bristol-rd, Birmingham, Warwick
shire, fish merchant. Feb. 27; Balden and Son, solicitors, 2, Newhall-st,
Birmingham. PRATTEN (William Sims), 2, Bessborough-st, Westminster, gentleman. March 16;
S. Price and Sons, solicitors, Worcester House, Walbrook. PEARCE (Henry), 2, Bedford-pl, Tavistock, Devon, gentleman. Feb. 24 ; Peter and
Son, solicitors, Launceston, Cornwall. PARKER (Benjamin Barber), formerly of 52 and 54, Fore-st, Ipswich, Suffolk, bookseller
and stationer, late of Felixstowe, retired from business. April 22; Jackaman,
Sons, and Miller, solicitors, 37, Silent-st, Ipswich. ROBINSON (Jane), Goole, Yorkshire, widow. March 1 ; England and Son, solicitors,
Bank-chmbrs, Goole. Rix (William), East Dereham, Norfolk, gentleman. March 1; Cooper and Norgate,
solicitors, East Dereham, Norfolk. ROBERTS (Mary), Maes Gwyn Farm, near Flint, widow. Feb. 1; Hughes and Hughes,
solicitors, Bank-bldgs, Flint. RIDER (Maria), 14, Gatestone-rd, Upper Norwood, Surrey, formerly of Jersey, spinster.
March 5; 0. E. Tranter Lamb, solicitor, 17. Ironmonger-la, Cheapside. RADFORD (Margaret), Post-office, Siddals-rd, formerly of 43, Carrington-st, Derby,
spinster. Feb. 24; S. D. Potter, administrator, 4, Wilson-st., Derby. SEMARK (Thomas George), Borough Green, Wrotham, Kent, builder and farmer.
March 1 ; Stephens and Urmston, solicitors, 38, Earl-st, Maidstone. SCOTT (Margaret), 4, Waddington-st, Durham, widow. March 8; C. Chapman and
Son, solicitors, 22, Market-pl, Durham. SANDEMAN (Edward Fraser), formerly of Townsville, Queensland, late of Sevenoaks,
Kent, gentleman. Feb. 20; A. R. and H. Steele, solicitors, 21, College-hill. TAYLOR (Caroline), 10, Head-st, Colchester, Essex, spinster. March 16 ; Goody and
Son, solicitors, Colchester. TWITCHIN (George), 48, Kennington Oval, Surrey, retired butcher. Feb. 25; Apps and
Son, solicitors, 7, South-sq, Gray's-inn. THOMPSON (Margaret), Woodhall, Holystone, Northumberland, widow. Feb. 1;
O. Percy, solicitor, Alnwick. TREMLETT (Susanna), 8, Elm Grove-rd, Exeter, widow. Feb. 20; Sparkes, Pope, and
Thomas, solicitors, Crediton, Devonshire. TOYN (Elizabeth), Freeman-st, West Hartlepool, Durham, widow. Feb. 1; Harrison
and Barker, solicitors, 11, Church-st, West Hartlepool. VICKERS (Percy), Oak Lea, Fulshaw Park, Wilmslow, Cheshire, formerly of Briar
wood House, Thornhill, Dumfries, and of Troloss, Crawford, Lanark, gentleman.
March 3; Brett, Hamilton, and Tarbolton, solicitors, 34, Kennedy-st, Manchester. WODDERSPOON (James), the Chestnuts, Walton-on-Thames, Surrey, gentleman; or his
widow, WODDERSPOON (Ann). March 8; 4. Tyler, solicitor, 5, Clement's-inn,
Strand. WATSON (Charles Edward), Ash Tree House, Wargrave, Berkshire, doctor of
medicine. March 1; J. B. Purchase, solicitor, 11, Queen Victoria-st. WILLIAMS (Peter), formerly of Ty Mawr Towyn, Abergele, Denbighshire, farmer,
afterwards of 46, Grove-rd, Rock Ferry, Cheshire, late of Finch House, Pensarn,
Denbighshire. Feb. 23; Gamlin, Williams, and Co., solicitors, Rhyl. WATTS (William), Downs Farm, Lantwit Major, Glamorganshire, farmer. March 1;
E. W. Miles, solicitor, Cowbridge WADESON (John), Ashfield Farm Cottage, Standish-with-Langtree, Lancashire,
farmer. Feb. 24 Woodcock, Stobart, and Pears, solicitors, 36, King-st, Wigan,
COMMERCIAL FAILURES AND BILLS OF SALE.-According to Stubbs' Weekly Gazette, the number of failures in England and Wales gazetted during the week ending the 23rd Jan. was 145. The number in the
orresponding week of last year was 181, showing a decrease of 36. The number of bills of sale in England and Wales registered at the Queen's Bench for the week ending the 23rd Jan. was 127. The number in the corresponding week of last year was 163.
WARNING TO INTENDING HOUSE PURCHASERS AND LESSEES.-Before purchasing or renting a house have the sanitary arrangements thoroughly examined, tested, and reported upon by an expert from Messrs. Carter Bros., 65, Victoria-street, Westminster. Fee quoted on receipt of full particulars. (Established 21 years.)-[Apvt.]
NAPIER AND STEPHENSON'S PRACTICAL GUIDE TO THE BAR.-The Guide commences with a Chapter on the Prospects at the Bar, and the advantages of being called, and contains a Sketch of the ordinary legal career of a Bar Student. Special practical advice is given on such matters as reading in Chambers, and also on all the different matters connected with the Examinations; advice as to the best books to be read, &c. The book also contains full particulars as to the Fees, &c., payable at the different Inns, and a few considerations as to the selection of an Inn, &c. Price 2s. 60.-HORACE Cox, "Law Times” Office, Windsor House, Bream's-buildings, E.C.-[ADVT.]
promote the best interests of this society it is desirable that one-third of the elected members of the committee retire annually, and that such retiring members be ineligible for re-election for a period of one year from such retirement.' “ That the committee do consist of twelve elected members, together with the president, ex-president, and hon. secretary, who shall be ex-officio members.” “That the following gentlemen be elected members of the committee for the ensuing year, viz. : Messrs. R. Easton (Taunton), T. Meyler (Taunton), H. O'B. O'Donoghue (Long Ashton), G. Lovibond (Bridgwater), T. Foster Barham (Bridgwater), E. Q. Louch (Langport), J. E. W. Wakefield (Taunton), A. R. Payne (Milverton), Wm. Poole (Taunton), W. T. Booker (Wellington), F. 0. 0. Chubb (Wells), and C. E. Hagon (Bridgwater).' " That in the interests of the Profession it is very desirable that a uniform precedent for general conditions of sale by public auction should be adopted by the members of this society, and that the committee, to be this day appointed, be requested to prepare such a precedent and circulate printed copies thereof amongst the members and arrange with the printers for the lowest possible cost per dozen (calculated at per hundred) of the same.” Messrs. Richard Granville Harris (of Wells), J. Wall (of Bath), and H. Farrance (of Bridgwater), were elected members of the society.
UNITED LAW SOCIETY. On Monday, the 25th inst., Mr. J. R. Yates in the chair, Mr. C. Kains. Jackson opened a debate on the motion, " That it is expedient that the railways in Great Britain and Ireland should be acquired and carried on by the State." Mr. W. J. Boycott opposed, and the subsequent speakers were Messrs. W. S. Sherrington, A. H. Richardson, N. Tebbutt, and A. M. Begg. After a reply from Mr. Kains-Jackson, the motion was put to the vote, with the result that it was lost by two votes.
PROMOTIONS AND APPOINTMENTS. Information intended for publication under the above heading should reach us not later
than Thursday morning in each week, as publication is otherwise delayed.
UNION SOCIETY OF LONDON. "THE society met at the Inner Temple Lecture-hall on Wednesday evening, the 27th inst.; Mr. J. Arthur Price, president, in the chair. After the reading of the minutes and the disposal of private business, Mr. A. H. Withers brought forward the motion on the agenda paper, viz., " That in the opinion of this House the British Government should entirely control the public elementary schools now subsidised by it, and allow the children in such schools to be instructed during school hours by representatives of their own denomination in their own religion.” Speakers : for the motion, Messrs. Withers, Sherwood, and Price ; against the motion, Messrs. Willson, Kinipple, Lyons, and Ball. The motion was lost.
Sir SAMUEL STRONG, Chief Justice of the Supreme Court of the Dominion of Canada, and the Hon. Samuel Way, Chief Justice of South Australia, have been appointed Members of the Privy Council.
The honour of Knighthood has been conferred on John WORRELL CARRINGTON, C.M.G., D.C.L., LL.D., Chief Justice of the Sapreme Court of the Colony of Hong Kong.
Mr. ARTHUR PETERS, of the firm of E. J. and A. Peters, solicitors, 4, New-street, York, has been appointed a Commissioner for Oaths. Mr. Peters was admitted in 1889.
Mr. THOMAS HOLME BOWER, of the firm of Bower and Lawford, solicltor, 25, Lincoln's-inn-fields, has been appointed a Commissioner for Oaths. Mr. Bower was admitted in Jan. 1890.
Mr. HERBERT BOWRING LAWFORD, of the firm of Bower and Lawford, solicitors, 52, Lincoln’s-inn-fields, has been appointed a Commissioner for Oaths. Mr. Lawford was admitted in April 1890.
CARDIFF INCORPORATED LAW SOCIETY. The annual ordinary general meeting of the Incorporated Law Society of Cardiff and District was held at the Townhall on the 21st inst., Mr. Walter Scott presiding.-- The president (Mr. Scott), in his address, reviewed the events of the past year which affected solicitors, and the increase of the society since he first became connected with it, in 1869. The members then numbered thirty-four, as compared with 147 who were now in the society. He referred to the many gaps made in their ranks during the year, specially mentioning the deaths of Mr. Gloss, Mr. Daniel Rees, and Mr. G. T. Cole, and to the various changes effected in the laws of the land having a bearing particularly on lawyers. The clumsy mode of renewing Acts every year was spoken of in a deprecatory way. As to the Long Vacation, Mr. Scott gave expression to the desire of many lawyars that it should be shortened or divided. He thought that it would be a good arrangement for the Vacation to commence in the third week in July and continue until the end of September. It was pointed out that much of the public aversion to litigation arose from the strange procedure employed of allowing the costs of a trial.-Mr. Stephens (Official Receiver) proposed, and Mr. F. Vaughan seconded, and it was decided, that the address be printed. It was also agreed that Messrs. D. Maclean and A. Jackson be elected, and Messrs. T. H. Stephens and Mr. A. C. Mackintosh be re-elected members of the committee.
CORRESPONDENCE. This department being open to free discussion on all Professional topics, the Editor
does not hold himself responsible for any opinions or statements contained in it.
LEICESTER LAW SOCIETY. The annual meeting of this society was held on the 25th inst., at the Law Library. The report, which was adopted, referred with regret to the death, last October, of Mr. W. J. Woolley, of Loughborough, who was elected an hon. member at the last annual meeting upon his retirement 'from practice, and to the resignation of Mr. Joseph Harvey, one of the original members (who filled the office of president in 1877), and Mr. William Harris. It also stated that in consequence of a rumour last July that an Order in Council was about to be issued which would deprive Leicester of one of the two Civil Assizes now and for many centuries past held in Leicester, the president wrote to the Lord Chancellor urging that such an order should not be proceeded with without first giving the society and other persons interested an opportunity of explaining the many grave objections to such an order. A few days afterwards the Attorney-General stated in the House of Commons that no alteration in the assize arrangements would be made without an opportunity being given to those interested in the matter to be heard. The committee state that they feel convinced that all the members would strenuously resist any attempt to deprive our rapidly-increasing borough of any of its ancient privileges. Mr. A. H. Burgess was elected president of the society for the ensuing year, Mr. G. H. Blunt vice-president, Mr. R. S. Toller treasurer, and Mr. Wm. Simpson hon. treasurer.
CHANCERY BUSINESS.—Would you allow me, as a solicitor practising extensively in Chancery chambers, to draw attention to the scandalous manner in which matters in Chancery are delayed by the dilatory behaviour of certain of the junior clerks. Suppose for instance that I have, after a week's interval, succeeded in obtaining an order for payment out of court, or some order of a simple nature, the process which takes place is as follows: I leave the papers with a junior clerk whom I call “ A." for the purpose of having the summons indorsed, and I am told “to look in again in two days time.” This I do, and receive the reply that "A" has never seen the papers, but eventually after much importunity on my part they are found in a basket, when "A." smilingly says, “Oh! so sorry I have not touched them, look in again to-morrow.” I accordingly call the next day, and “A.” tells me, “Oh! Mr. ‘B.' has that matter in hand," and I go to Mr. "B.", whom I find standing in front of his fire discussing the weather with a colleague from another room. After keeping me waiting ten or more minutes, Mr.“ B.”informs me, with a pained expression on his face, brought on by overwork, that he has "not touched the papers, but that if I look in again he will tell me if he wants anything." Two more days pass like this, when, on again calling, I find Mr. "B." at eleven o'clock has gone out, and will not return till three.” (N.B.—He leaves at four). Eventually I succeed in catching this hard-worked official to find that my papers have been put on one side because he wants some information which I could have given him, had he asked for it, two days ago. It never occurs to Mr.“B." to settle the indorsement subject to this query, or to drop me a postcard at Government expense asking for the information. “Oh, no! much too much to do for that; must get away at four, you know.” At last, next day I get this indorsement, which need only have taken ten minutes to do, and my papers go to the Registrar's seat, where the same old process begins de novo, the registrar's clerks having, to judge from various and constant meetings at all times of day, many pressing engagements in Lincoln's-inn and Chancery-lane during business hours. Now, Sir, this state of things is to my mind, and with all respect to the authorities, a public scandal, and the sooner these defaulters, who are perfectly well known to frequenters of the courts, are sent away and more responsible and younger men taken in their places, the sooner will it be possible for Chancery business to be quickly done. The public often wonder at, and blame solicitors for, the delay of three or four weeks which
nust elapse before an order of court can be finally acted upon, and the above is the explanation. I inclose my card, which for obvious reasons is not for publication, and, apologising for the length of my complaint, I remain,
SOMERSET LAW SOCIETY. At the annual general meeting of the society, held on the 20th inst., Mr. William Dunn, president, in the chair, Mr. John Louch, of Langport, was elected president for the ensuing year,” and Mr. J. H. Biddulph Pinchard, was re-elected hon, secretary and treasurer, with thanks for his long services.” The following resolutions were carried : “ That in order to
LAW STUDENTS' JOURNAL.
BAR EXAMINATIONS - RESULTS AND NEW
PROSPECTUS. The easier character of the recent examination was duly reflected in the results recently published, and, considering its easy nature, it is surprising that so many failures occurred. At the general “ pass” examination out of ninety-six candidates sixty-one passed, so the percentage of failures ----somewhat under thirty-five-compares with 54 per cent. at Michaelmas. The council has also been fairly liberal in its bestowal of prizes and honours. Of the eighty-one candidates who took Constitutional Law and Legal History alone, sixty-four passed out of eighty-one, while at Michaelmas only fifty passed out of sixty-nine. Twenty-seven candidates were examined in Constitutional and Roman Law combined, of whom twenty-two passed, and of the five candidates who failed one was postponed until Trinity. The result in Roman Law alone was about the usual average, for out of sixty-eight examined sixty-one passed. The syllabus for the Easter examination has been issued earlier than usual. It will be seen that in Conveyancing the Elements of Real and Personal Property remain as before, but the list of special subjects is cut down. As regards Vendors and Purchasers of Land, students who are unable to attend the lecturer's course will have some difficulty in selecting a suitable book until a new edition of Hallilay's Conveyancing appears. The syllabus in Common Law remains the same. In Equity students should notice that * specific performance” takes the place of principles and maxims, and that "partnership and winding-up of companies” have given way to “mortgages and other securities," which used to be part of the conveyancing examination.
CALLS TO THE BAR. The following gentlemen were called to the Bar on Tuesday, the 26th inst. :
LINCOLN'S-INN. -- Harry Procter, London University (Certificate of Honour, C.L.E., Hilary Term 1897); Huntly Eugene Jenkins, B.A., Trinity Hall, Cambridge ; Augustin Stanislaus Ghosh, London University; John William Pennefather Gibson, B.A., Trinity College, Cambridge ; William Montagu Harrison, B.A , Fellow of All Souls' College, Oxford; Alfred James Fellows, B.A., King's College, Cambridge ; Charles Arthur Bury, Trinity College, Dublin ; William Llewelyn Williams, B.A., Brasenose College, Oxford ; Charles Stafford Crossman, M.A., New College, Oxford ; Charles James Matthew, Trinity Hall, Cambridge ; Jaffur Rahimtoola Kaderbhoy, Bombay University.
INNER TEMPLE.-Edward George Hemmerde, B.A., Oxford (holder of a Certificate of Honour awarded Trinity Term 1896) ; Jobn Pius Boland, London and B.A., Oxford ; John Edward Bernard Seely, B.A., Cambridge ; Colley Edmund George Hume Grattan, B.A., Cambridge ; William Cecil Owen, B.A., Cambridge ; Armar Lowry-Corry, Viscount Corry, M.A., Cambridge ; Allan Maxcey Galer, B.A., Oxford ; Copley Delisle Hewitt, B.A., Oxford ; John Donaldson Harward, B.A., Cambridge ; Montague Rousseau Emanuel, B.A., Oxford ; David Arthur Fitz-Gerald Vesey, B.A., Cambridge ; Maurice Richard Martineau, B.A., Cambridge; Walter George Salis Schwabe, B.A., Oxford ; Hugh Somers James, B.A., Oxford ; James Leonard Johnston; James Byng Gribble, B.A., Cambridge; Walter Tice Gellibrand, B.A., Oxford ; Charles Edward Goetz, Oxford ; Thomas Cooper Rogerson, B.A., Oxford; Ralph Leigh Ramsbotham, B.A., Cambridge ; Ernest Augustus Hitchens; Haythorne Reed, B.A., Cambridge ; Charles Roche Finnis, B.A., Cambridge ; Arthur Joseph Barry, B.A., Oxford; Arthur James de Gleichen, Tettenborn; William Owen Travis, M.D., M.S., Durham ; Harry Osborne Buckle ; Henry Bull, B.A., Cambridge ; and James Macgillicuddy Mecredy, M.A., Dublin.
MIDDLE TEMPLE.- John Arthur Slater (Certificate of Honour, Council of Legal Education), B.A., LL.B., London University; Richard Willett Hurst, Her Majesty's Consul, Pakhoi, China, B.A., London University ; Alfred Charles Larking ; Francis Yvon Eccles, B.A., Christ Church, Oxon. ; Maurice Salvador Pinto, B.A., Madras University : James Percival Hughes; Narindra Lal Mitter; William Joseph Fearfield Barton, B.A., Emanuel College Cambridge; Percy Raby, M.A., LL.B., Victoria University, Dauntsey Legal Scholar, Owens College ; William Saunderson, B.A., Scholer Trinity College, Dablin; Harold Eustace Brandon; George Frederick Langford, University of London ; Peter Grain; Mohammad Abdul Kadir Khan.
GRAY's-INN.-Edward Austin Farleigh (formerly Jones), 1st Certificate of Honour, Council of Legal Education, Hilary 1896, Special Prizeman Constitutional Law, &c., Hilary 1896, Bacon Scholar Gray's-inn, 1894 ; Harold Gilbert Brodrick-Smith-Brodrick (formerly Brodrick-Smith), B.A., Christ Church, Oxford ; George Gregory Fisher; Frederick Hagh Mackenzie Corbet, Honorary Executive Officer of the Ceylon Government at the Imperial Institute ; Richard Deane Sweeting, M.A., Oxford, M.B., Trinity College, Dublin ; D. P. H. Cambridge, Holt Scholar Gray’s-inn, 1895, Wilberforce Ross Barker, Scholar of Worcester College, Oxford ; and George Darell Keogh, Barrister-at-law in Ireland, LL.B., Trinity College, Dublin.
THE JANUARY FINAL. THE January Final was, on the whole, un easy examination. A good knowledge of the Conveyancing and Settled Land Acts, supplemented by a few weil-known rules as to the law of lapse and class gifts, would carry a candidate, at any rate, half way over the conveyancing and real property paper. As regards case law, the rules laid down in Low v. Bouverie (65 L. T. Rep. 533; (1891) 3 Ch. 82) would prove very serviceable, and the Finance Act was not overlooked. Although a good many questions are of a practicable character, it is a mistake not to set one or two tests in drafting, so as to ascertain whether the articled clerk has really assimilated any of the forms he has doubtlessly often copied. Question 12, on the method of effecting a change of name without the expense of applying to the Court of Heralds, contains probably a point on which a solicitor might be consulted, but it does not seem the kind of thing one would expect in an examination paper. Equity is said " to follow the law," but at the Final it precedes it in order of events. A glance at the paper soon proves how much of what is dealt with in text-books on equity is really now statute law. We observe questions on what remains of the Trustee Act 1888, and on the Patents, Designs, and Trade Marks Act, Partnership, Guardianship of Infants Act, &c. In Question 19 there is a misprint, and a candidate must be very feeble if he cannot give one of the essential particulars of which a registered trade mark must now consist. Did the examiner in Question 18 intend to frighten the candidate into a mistaken belief that some important legislation on married women's property had occurred in 1896 which had escaped his attention? It is easy to see what the examiner is driving at in the latter portion of Question 25—“What is the doctrine of cy près, and in what cases only is it applicable ? ”—but it is submitted that he might have expressed himself a little more clearly. It is noteworthy that, since company law has become an important and lucrative part of a solicitor's business, or at any rate of some businesses, this branch is not overlooked, and is duly honoured by at least two questions. In the Common Law and Bankruptcy paper there were some nice questions in contracts on the sale of goods, bills of exchange, members' clubs, Lord Tenterden's Act, &c. As regards torts, the liability of a principal for the negligence of an independent contractor and the effect of the Statute of Limitations, as elucidated in Darley Main Colliery Company v. Mitchell (54 L. T. Rep. 882; 11 App. Cas. 127), were two of the only three things required. In Question 36, when the examiner writes, “What conditions are necessary to constitute trespass ab initio ?" we presume he means to bring " the doctrine of trespass ab initio" into force. The four bankruptcy questions were easy enough, and those on Queen's Bench Division practice, if it were possible, somewhat easier still. The examiner on the principles of the law and procedure of the Probate, Divorce, and Admiralty Division started with some easy questions on such matters as resealing Irish probates, retractation of renunciations, alimony pendente lite, appeals in matrimonial causes, and the dum casta clause; but the paper got a little harder towards the end. It is a long time since candidates had such an easy paper in criminal law as on the present occasion, if they ever had. In fact, there is a good deal of nonsense talked about examinations “getting harder and harder every year,” and we can remember the days when some of the questions on criminal law were simply unanswerable except by a person who had Stone in his hands, and plenty of time in addition to find them there. At the present day the questions are rational, and it is pleasing to notice that the paper closes with a nice point on the subtle distinction between larceny and embezzlement.
EXAMINATIONS AT THE INCORPORATED LAW
SOCIETY IN THE YEAR 1896.
SPECIAL PRIZES OPEN ALL CANDIDATES. Scott SCHOLARSHIP.-William Everard Tyldesley Jones being, in the opinion of the Council, the candidate best acquainted with the theory, principles, and practice of law, they have awarded to him the Scholarship founded by Mr. James Scott, of Lincoln's-inn-fields. Mr. Jones served his clerkship with Mr. James Chapman Woods, of the firm of Messrs. Collins and Woods, of Swansea, and obtained the prize of the Honourable Society of Clement's-inn and the Daniel Reardon Prize at the honours examination held in January 1896.
BRODERIP PRIZE.— William Everard Tyldesley Jones being first in order of merit, and having shown himself best acquainted with the law of real property and the practice of conveyancing, passed a satisfactory exami. nation, and attained honorary distinction, the Council have also awarded to him the prize, consisting of a gold medal, founded by Mr. Francis Broderip, of Lincoln's-inn.
LOCAL PRIZES. TIMPRON MARTIN PRIZE FOR CANDIDATES FROM LIVERPOOL.--Francis Joseph Weld, from among the candidates from Liverpool, having passed the best examination, and attained honorary distinction, the Council bave awarded to him the prize, consisting of a gold medal, founded by Mr. Timpron Martin, of Liverpool. Mr. Weld served his clerkship with Messrs. Weld and Thomson, of Liverpool, and obtained a third-class certificate at the honours examination held in November 1896.
ATKINSON PRIZE FOR CANDIDATES FROM LIVERPOOL OR PRESTON.Francis Joseph Weld, from among the candidates from Liverpool or Preston, having shown himself best acquainted with the law of real property and the practice of conveyancing, otherwise passed a satisfactory examination and attained honorary distinction, the Council have also awarded to him the prize, consisting of a gold medal, founded by Mr. John Atkinson, of Liverpool
BIRMINGHAM LAW SOCIETY'S GOLD MEDAL.-The examiners reported that there was no one qualified to take this prize.
BIRMINGHAM LAW SOCIETY's BRONZE MEDAL.—Henry Robert Hodgkin. son being first in order of merit among the candidates who are articled to