criminal courts are open to the complainant. Should he seek damages he is only entitled to those which he has sustained in reputation and mental suffering. way accidents out of the jurisdiction of juries is The proposition to take compensation for railone to which we have already more than once stated our objection. Mr. Vernon Harcourt seems to think it is a case for the interference of the Legislature. Should his view be adopted Parliament must be very careful how it proceeds. There are too many cases illustrating the difficulty of awarding compensation by Act of Parliament-Brand v. The Hammersmith Railway Company, to wit-to encourage this species of Legislation. Juries may be unjust sometimes, but on the average they are fairer than Acts of Parliament. IN ENGLAND. THE attention of the country is being directed to the land question in Ireland with a view to some change in the law. The common law in England and Ireland is the same; and though special statutes and disturbing causes in Ireland may have produced some modifications, the elements of the question are the same in both countries. Hence the great difficulty of legislation on the subject for Ireland without affecting the security of rights of property in England. For the same reasons, however, it may be of interest, and also of use, to see what principle, if any, can be deduced from the law of England on the subject, and with that view to trace its history, and gather from it such guidance as it may afford. by Mr. Hallam (Middle Ages, c. viii.) "Thus," have copyhold estates: (Littleton's Tenures, c. ix.; Tenant by Copy of Land Roll.) It was then laid down in the reign of Edward IV. that if the tenant rendered his services he could not be ejected. And it is distinctly stated by LITTLETON that the tenure was inheritable, and that the land went to the heir according to the custom of the manor: (Ibid). So that, as he says, the tenant by the custom was as well inheritor, to have the land after the custom, as he that had a freehold by the common law: (Ibid). This, THE HISTORY OF THE LAND QUESTION it will be observed was by custom and as to the nature of the service to be rendered, it was the custom of the particular manor; though, as to the general rule of law, that the tenant rendering his services should retain and transmit the land, it was the general law of the land. That was the law as to servile tenure. But as to free agricultural tenure, or as it was called, tenure in socage, it was, as already stated, a species of tenure in fee, and the heir succeeded to his father's land: (Glanville, c. vii.) Tenure in socage, as LITTLETON says, was by any certain service or by rent (c. 5); and at common law tenure could be created in fee simple, and rent would be reserved on such tenure. The statute of Quia emptores (temp. Edward I), against subinfeudation, prevented this: (Littleton c. 12). "Before that statute," says LITTLETON, "if a man had made a feoffment in fee simple, securing Now, it is beyond a doubt that originally, in to him and his heirs a certain rent, for this he this country, all free agricultural tenure was in- might distrain of common right." But after heritable. In the first collection of laws for all that statute this could not be done (Littleton, England, those of Canute, we read of heriots or s. 12 of Rents); and though a rentcharge could reliefs, and can see that the feuds were heredi- be created on land in fee simple, rent could not tary: (Law of Canute, c. 71, 72, 73, 78, Anglo- be reserved. Hence long leases then came in; Saxon Law, vol. 1, p. 414, 421.) Land held by and accordingly, in the latter part of the Mirror custom or "folc-land," is distinguished from land of Justice, written at the end of the reign of held by deed, "bok-land," and in case of forfeiture Edward L., we find long leases mentioned, and by crime or treachery the former went to the also find them of recent introduction, seeing lord the latter to the Crown: (Ibid, c. 78, p. 421.) that it is complained the law had provided Otherwise, when the tenant died, the heirs sucno remedy for their recovery: "It is an abuse ceeded to the land: (Ibid, 79.) So remained the that an usage lieth not for a term of years law up to the Conquest, when, as the Mirror as well as it doth for a freehold for life states, "the people had no charters, deeds, or or in fee. It is an abuse that leases of farms muniments of their lands; nevertheless, if they are not longer than forty years, since the conwere ejected or put out of possession wrong- tinuance of possession doth disinherit no man," fully, they might be restored to their estates.e., that the possession of the lessee could not preas before, by bringing an assize of novel desseisin," and which implies that the tenure was freehold, and also that it was customary freehold, or freehold by the common law or custom of the realm, and not by virtue of express deed. Then it is stated that "the Conquerors enfeoffed some to hold villein customs, and to plough the lord's lands, to reap, cut, and carry his corn or hay "-that is, the free tenure of many was turned into tenure in villeinage, or servile tenure: (Mirror 2, c. 2, s. 28.) So BRACTON states that many who held in freehold were ejected and made to hold their lands in villeinage. But that still even these held to them and their heirs so long as they rendered the services due. "Fuerunt in conquestu liberi hominesi qui liberi tenuerunt tenementa sua per libera servitia, vel per liberas consuetudines, et cum potentiores ejecti essent, postmodum reversi receperunt eadem tenementa sua tenenda in villeinagio, faciendo inde opera servilia sed certa: qui quidem dicuntur glebæ adscriptitii, et nihilominus liberi, quia licet faciant opera servilia cum non faciant, ea ratione personarum, sed ratione tenementorum; et ideo assisa nova dessesinæ non habebunt, quia tenementum est villenagium, sed parvum breve directo, secundum consuetudinem manerii et ideo dicuntur glebæ adscriptitii, quia a glebæ amoveri non poterunt, quamdiu solvere possunt debitas pensiones": (Bracton lib. 1, c. 11, f. 7.) Thus those who were freeholders before the Conquest were many of them made villeins, but the law as to free agricultural tenure, or tenure in socage, as it was called, continued to be the same, and the heir succeeded to his father's land, rendering the heriot or relief. Thus the law was laid down by GLANVILLE, temp. Henry II. (Glanville,c. vii. b 11, cited in Reeves, vol. 1, c. 2). And even the villeins, as BRACTON tells us, held their lands to their heirs as long as they rendered these services. This was the origin of copyhold tenure, the progress of which is traced condition in this country. And so strong was his So much, however, the law did to discourage a dishonest landlord. Next it prevented a right to rent, or the remedy for rent by distress, unless there was a lease. And on the other hand, if there was a reservation of rent, it created an implied lease or certain tenancy for the period caused by such reservation, and hence the doctrine of tenancy from year to year, and half a year's notice, developed by the law out of tenancy at will. This shows the tendency of the law to create certainty of tenure, and to secure the just interest of the tenant. Lastly, the law did not allow ejectment during a tenancy, nor impose any liability on the tenant to do anything in the absence of express stipulation in a lease. This was all the law did to promote leases. When a lease was granted, equity protected the lessee against an unjust forfeiture and the statute of George II. enacted that equity into law. It is impossible not to observe that the whole tendency of our law, so far as it could be consistent with the rights of property, has been in favour of giving the cultivator of the soil a fixed and settled interest, freehold if possible; or, if otherwise, then copyhold or leasehold. The thoughtful and philosophical GUIZOT has described this tendency to hereditary possession in land. "Succession," he says, "is the end to which territorial possession always tended. From the time that a man possesses and improves an judice the title of the owner in fee: (Mirror estate, whatever the manner of his possession or c. v. ss. 72, 80) From that time long leases pre- of his improvement, he employs upon it means vailed, and with them the power of distress for which he does not draw from the soil but from rent, and, by express condition, the power of himself; by the labour which he spends upon it, regaining the land on failure to render the rents or by the buildings with which he covers it, he adds services due. This, however, was only by virtue of a certain value to the estate, and, to speak in the express stipulation, and at common law the land-language of political economy, he invests therein lord, though he could distrain, could not eject a certain capital, which if he at any time leaves for nonpayment of rent. Long leases, however, he cannot entirely carry away; a capital which contained special covenants, both by lessor and becomes more or less incorporated with the soil, lessee, and the power of leasing was deemed so which cannot be entirely separated from it. important that it became the subject of special Hence arises, and by the instincts of reason and legislation in this country three centuries ago. justice, a certain natural tendency of all terriThe statute of Henry VIII., enabling tenants for torial property to become hereditary, a tendency life to lease for a certain number of years especially powerful when society was still rude, (twenty-one) or lives (three), at the usual and reasonable rent, was a distinct interference with the strict right of property, for it enabled the tenant for life to lease against the will, and without the consent or confirmation of the remainderman or the owner of the inheritance. On the other hand, by the statute of Elizabeth, the owners of a certain species of property in land were restrained from leasing beyond a certain period or a certain term. There, again, was an interference with the strict right of property. Leases which could not have been granted could not have been restrained. But both these statutes-the enabling and the restraining statutes-interfered with the right of property for the benefit of the owner; and, under very strict limitations and restraints, subject to those statutes, the power of leasing is not interfered with, and is left as it stands by the general law of property. Reviewing the general result of the working of agricultural tenure in this country, it is impossible not to see that, originally, it was deemed not unreasonable that the actual cultivator of the soil, who was to invest his labour and his capital in it, should have an inheritable estate in it and transmit it to his heir, so long as he or they rendered the services or rents due to the lord, for that this was their original state and and knew not how to estimate the value which the possessor, who is leaving it, has added to the It will be observed that the law assumed that the tenant would not invest in the soil unless he had a fixed tenure; and in this country, as we know, he has never done so. How far it is otherwise in Ireland is a question of fact and not of law. But this belongs to the history of the law on the subject: that the law which deems improvements or erections annexed to the soil, and belonging to the owner, was founded upon the assumption that they would not be executed by tenants who had no fixed tenure. This is shown by the law of emblements, under which the law protected the tenant's crops, and only his crops, in cases of uncertain tenure, and gave no protection for anything invested in, or attached to, the soil during a certain tenure. It was evidently assumed that a man without fixed tenure would do nothing more than till the land, and, as to so much as was necessary to be done, to that extent the law protected the tenant and gave tenant right. Such a law would not, it is obvious, apply in a country where few or any under-tenants at will were accustomed or compelled to invest in the soil. It is to be observed that tenant right, the principle of which is embodied in the law of emblement, is the compensation for the infirmity of tenure. The man who holds in freehold or copyhold, or long leasehold, requires no tenant right. The necessity for it arises only in short or uncertain tenancies. Indeed, chiefly in the latter, where the tenancy is continuous, but uncertain, as in the case of tenancy from year to year going on year after year. In such a case the tenant can hardly do much without some investment in the soil, and yet his interest in it is wholly uncertain. In this country such tenure is not common, for the reason already mentioned, that in this country such tenants would not invest capital in cultivation, and the mutual interest of both landlord and tenants has led to leases, and long leases, or, whenever the tenancy from year to year exists, that mutual confidence between landlord and tenant, which supplies the place of leases. Suppose a different state of things, that is, one in which tenancies were in general uncertain through the whole duration, and the necessity for the tenant right arises. It is not a state of things contemplated or provided for ordinarily by our law, because, as the history of the subject shows, the state of things has not existed in this country which would require to be so provided for. On the other hand the powers of distress and ejectment conferred or allowed to be enforced here, were originally incident to fixed and certain tenure, not to tenure precarious and uncertain. Whether these stringest remedies should be allowed when the system of tenancy is contrary to the spirit and policy of the law, and whether the Legislature might not make the possession of them conditional upon the adoption of a certainty of tenure, and whether, still further, if certainty of tenure be not adopted, the principle of tenant-right may not be extended, these are questions worth consideration, and it may be shown that none of these things involve violation of the rights of property. Whether even a step further might not be taken without any greater violation of the strict right of property than is involved in the enabling statutes may likewise be worth consideration. But the question will be how to protect the tenant without interfering with ownership, and how to give security to tenancy without violating the rights of property. As part of the history of the subject, bringing it down to our own times and showing that it is not an obsolete head of the law, we may mention that there is at this moment in this country (chiefly in the North) a species of freehold tenure called customary freehold, which is also called tenant-right, and which is so described by the courts of law (see judgment of Lord ELLENBOROUGH in Doe d. Reay, 4 East, 288; Doe d. Cook v. Danvers, 7 East, 299). Under this species of tenure the land descends to the heir, but the tenant cannot alienate without a fine, nor devise without licence of the owner or lord, and the land is, moreover, liable to forfeiture. Finally, the freehold is held to be in the lord. Thus the law, acting upon custom, has united freehold tenancy with the right of property; it has given the tenant a freehold interest, and yet has preserved the owner's interest as well. No doubt this arose from custom, but then it arose and was sanctioned by law, because it was reasonable. And Mr. Justice BLACKSTONE, in his Considerations upon Copyholds (Law Tracts), points out how such customs arose in this country merely because the lord could not grant a freehold interest to the villein without enfranchising him, and so by these base tenures sought to convey the reality of a freehold interest without the form or name. Moreover, to enable owners to grant inherit able tenancies, the statute of Quia emptores would have to be got rid of, as it was in some cases in Ireland, by special statute: (see Delacherois v. Delacherois, 11 Clark's H. of L. Rep.) Unable, therefore, to attain the object directly, the owners of land attained it indirectly, through the medium of copyholds or customary freeholds, which are of the nature of freehold, and yet are not freehold, and give the tenant a freehold interest, without a freehold estate, and protect the tenancy while preserving the property. The question will be, how far these historical precedents afford any light to solve the great problem before our statesmen now. CHARTER-PARTIES. ing to the pursuer's evidence, the ship, even in this lightened condition, took the ground in the harbour of Glasgow, and was strained to such a degree, that on her return voyage she was with difficulty kept afloat. The suit arose out of a claim for demurrage, consequent on the delay caused by the failure of the consignees to accept delivery of the whole of the cargo at Greenock; and the sole question was, whether the pursuer was bound to accept the offer of the defenders to lighten the ship. The Sheriff-substitute, and subsequently the Sheriff, on appeal, decided that he was not bound to lighten his ship, but that the voyage was ended when the ship had got as near as she safely could to Glasgow, having on board her full cargo. We see no reason whatever for doubting the soundness of this decision. Any analogy which we may attempt to draw between this case and apparently similar cases, will reveal a prominent distinction. For example, if an embargo is laid upon certain ships, it is not necessarily perv.manent, it may be removed, and the question might be how long a ship was bound to wait for the removal. War, as remarked by Parsons when dealing with the subject of dissolution of of charter-parties (p. 274, vol. 1, Treatise on Maritime Law), annuls the obligation to carry a cargo, while an embargo or a prohibition may only suspend it. "If the measure," he remarks (p. 275), "is one which may be regarded as intended for a brief period only, and if the voyage may be delayed without material damage, and then resumed and completed with no other effect than that of temporary interruption, then we should say that the contract was not dissolved; that the ship, on the one hand, was bound to wait with her cargo on board for an opportunity of carrying it to her port of destination; and, on the other, that the ship had the right of insisting upon retaining the cargo for the purpose of thus earning the freight." And in a note to this passage reference is made to Schlizzi v. Derry in these words: "As an embargo merely suspends the contract, so a lowness of water, which prevents a vessel reaching the port, has the same operation." Exactly; an embargo and a lowness of water are temporary impediments in the generality of cases, but where the lowness of water is a permanent defect in the harbour as concerns the Now as to the cases mentioned. In Schlizzi Derry it was by charter-party agreed that the defendant's ship, then in London, should sail to Galatz or Ibrail, or so near thereto as she might safely get, and there load cargo, &c., perils of the seas, &c. being excepted. The ship reached the mouth of the Danube Nov. 5. Galatz lies ninety-five miles up the Danube, and Ibrail twenty miles higher. At the mouth of the Danube is a bar, upon which at the time of the arrival of the ship there was not water sufficient to allow her to pass. On Dec. 11 she sailed from the mouth to Odessa (100 miles distant), and there took in a cargo from other parties. It would not have been safe for her to remain off the mouth after Dec 11, and Odessa was the nearest safe port. On Jan. 7 there was water enough on the bar of the mouth of the Danube to enable the ship to go up to Galatz, and sail with a cargo up the river: Chief Justice Lord Campbell said that "the meaning of the charterparty must be that the vessel is to get within the ambit of the port, though she may not reach the actual harbour." And it was held that the vessel did not, within the meaning of the charter party, complete the voyage, and that the impossibility of waiting off the harbour mouth did not determine the obligation to complete the voyage. And in Parker v. Winlow, the ship was to proceed "to Plymouth, not higher than T. or N., or as near thereunto as she can safely get, and deliver her cargo, with certain lay days and demurrage days. The port of Plymouth is a tidal estvary. On the ship's arrival in Plymouth, the consignees ordered her to discharge at B., an ordinary landing-place in the port of Plymouth, lower than T. or N. At this time the tides were neap. The vessel went as near to B. as she could in that stage of the tide, and lay on the sand for some days, till the tides being higher she got to B. In an action for damage it was held that the consignee had the option of naming any ordinary landing place in the port of Plymouth within the limits assigned, and that the lay-days did not commence till the vessel reached the place so named, the delay in getting to it being occasioned only in the ordinary course of navigation in a tidal harbour. It will be seen that neither of these cases meet the difficulty which arises when there is no possibility that at any time of the year, and under ordinary circumstances, the ship will be able to enter the harbour without sustaining damage. So that the Sheriffs of Lanarkshire were quite right in regarding the matter as unsettled by any precedent. In the case before them, as will be seen by our report, the ship was ordered to proceed to Glasgow, "or," in the terms of the charter-party, "as near thereunto as she can safely get and lie afloat at all times of tide." According to the evidence of the harbour-master, the deepest water at low tide in the harbour at the time when the ship in question was required to discharge, would have been 16ft. even at spring tide, and by the evidence of the pursuer, it appeared that when his ship arrived at Greenock it was drawing 173ft. of water. The pursuer offered to discharge at the Tail of Greenock Bank, but the consignees, the defenders, refused to accept delivery, and the pursuer for some time refused to allow them to lighten the ship by unloading a part of the cargo. This was at length done, however, by the discharge of 1000 bolls of beans, and the pursuer proceeded to Glasgow, reserving all matters in dispute for after settlement. Accord ship chartered, the analogy between this impediment and that of an embargo is gone. In a subsequent passage (p. 276) Parsons says, "If the continuance of this restraint and prohibition be not only uncertain, but, as far as can be judged, likely to continue for a long period, so that it would be unreasonable to detain the ship or the cargo in her to wait this distant opportunity. We should say the contract was now not suspended, but annulled." But in the case of a charter-party containing the clause which is the subject-matter of our consideration the contract is not suspended or annulled, but performed when the ship has gone as near to the port as she can safely get, in accordance with the terms of the contract. The words of the charter-party are, “proceed with a full and complete cargo," and we know of no principle upon which a shipowner could be asked to suffer the loss of delay in order to lighten his ship to get into the port of destination, and should an appeal be made against the Sheriff's decision in the Scotch case giving the pursuer his demurrage, we are at a loss to understand upon what ground it could be reversed. THE GENERAL RULES UNDER THE A DRAFT of the proposed new rules under the The first rule gives the definition of terms. The second gives to the chief Judge in bankruptcy, and every Judge of a local court of bankruptcy, power to delegate to a registrar of his court, but to no other officer, such of the powers vested in him by the Act as it may be expedient for the Judge to delegate, except the power to make an order of adjudication where the debtor appears and denies that he is indebted to the petitioner, or that he is indebted to such amount as would support a petition in bankruptcy, or to make an order to commit a person for contempt, or to make any order the making of which is opposed, unless the parties in any case consent in writing to the registrar exercising the power. The third enables a registrar to adjourn matters for the consideration of the Judge, either at his own discretion or on the application of one of the parties. The rules 4 to 10 relate to "proceedings," and the ninth proposes that, in lieu of attaching a copy of the London Gazette to the proceedings in each bankruptcy or other matter, the registrar shall make a memorandum of the advertisement in the London Gazette, and of the date thereof, with proper reference to the file to facilitate search; and one copy of every London Gazette and of each local newspaper in which any notice in any matter of bankruptcy in such court is in- | serted shall be filed by the registrar. Rules 12 to 25 relate to "debtor's summons," which shall not be granted by a court unless the debtor resides or carries on business within its district; and where a debtor's summons is granted on the application of two or more creditors, each creditor must file an affidavit of the truth of his debt, and of the delivery to the debtor of an account in writing of the particulars of his demand, as prescribed. If the affidavit of debt shall not be filed within one calendar month after the service of the particulars of demand and notice, the creditor shall not afterwards be at liberty to proceed without serving new particulars of demand and notice. weeks, as the case may be, where such debtor shall have obtained the dismissal of such summons, or during a stay of the proceedings thereon (r. 36). Where a petition is presented and the act of bankruptcy stated to have been committed is that the debtor has filed in the court to which it is presented a declaration admitting his inability to pay his debts, and the debtor is present at the presentation of the petition, the registrar may hear the petition forthwith, and upon proof of the debt or debts of the petitioner or petitioners, adjudge the debtor a bankrupt (r. 37). Where proceedings on a petition have been stayed for the trial of the question of the petitioning creditor's debt, and such question has been decided in favour of the validity of the debt, the creditor may apply to the court to fix a day on which further proceedings on the petition may be had, and the registrar on production of the judgment of the court shall give notice to both the petitioner and debtor by post of the day and hour fixed for the hearing of the petition (r. 38). Where, upon the hearing of a petition, a debtor proves that he is an adjudged bankrupt it shall be dismissed, and if the publication of the order of adjudication in the London Gazette has preceded the presentation of the petition by days, costs shall be given against the creditor (r. 39). Where proceedings on a petition are stayed upon security being given, the creditor shall take proceedings for the payment of the debt within twenty-one days of the date on which the sum-security was completed, and shall prosecute the same with effect and without delay (r. 42). The 23rd rule provides that where proceed ings on a debtor's summons have been stayed for the trial of the question relating to the debt claimed therein, and such question has been decided against the validity of the debt, the debtor on production of the judgment of the court shall be entitled to have the debtor's mons dismissed with costs, unless the creditor shall have lodged a notice showing that he has taken the necessary steps to appeal against the judgment. Rules 26 to 43 deal with the "petition," which is to be fairly written or printed on parchment and carefully examined by the registrar. The 29th rule provides for the appointment of a receiver or manager, on urgent grounds being shown on affidavit and security being given by the applicant for the payment of such receiver or manager, in the event of the petition being dismissed. And rule 43 relates to the order of hearing petitions against the same debtor where there are two or more. By rule 44 a debtor's summons or a petition shall be personally served upon the debtor by the bailiff of the court, or by the creditor or his agent, within twenty-one days from the date of the summons or of the presentation of the petition; but if service cannot be effected, the court may grant extension of the time for service, or if the court is satisfied that the debtor is keeping out of the way to avoid service, it A petition is to be heard on the seventh day may order, in the case of a summons, that a after its service upon the debtor, unless he in- notice of the granting of the summons, accordtends to show cause against a petition. Then ing to the form in the schedule, be gazetted, and he shall file an affidavit with the registrar show-that the publication of such notice in the Gazette ing the statements in the petition which he infends to deny or dispute, and transmit by post to the creditor a copy of the affidavit within four days after the service of the petition upon him, and the registrar shall then fix the day on, and hour at, which the petition shall be heard before the Judge, and give notice thereof by post to both the creditor and debtor (r. 31). Where at the hearing of a petition by a registrar the debtor appears and desires to show cause against the petition, the registrar, although the debtor may not have filed the affidavit before mentioned, hall adjourn the hearing to such time as the Judge will sit, but he may appoint a receiver of the property of the bankrupt upon the creditor depositing such sum as the registrar may think fit, and upon his filing an affidavit showing urgent grounds for the appointment (r. 32). shall be deemed to be service on the debter on the seventh day after such publication; and in the case of a petition, that a notice, according to the form in the schedule, be gazetted, requiring the debtor to appear at the hearing of the petition on a day named, being not less than fourteen days after the publication of the notice. Where substituted service is desired the affidavit of the creditor applying to the court must show that several attempts have been made to serve the debtor at his residence, that such attempts have been made on different days; that on such attempts the person who was seen was apprised of the nature of the business, and of the day and hour at which the attempts would be renewed, and that on the last of such attempts a copy of the petition or summons was left with some person for delivery to him; and also show any other circumstances which may satisfy the court that the debtor is keeping out of the way to avoid service. At the hearing the petitioning creditor's debt shall be carefully investigated, and all securities held by him shall at the same time be exhibited Where a debtor petitioned against is not in to the court, together with a debtor and creditor England, the court upon such evidence as shall account between himself and the debtor, which satisfy it that the service will be effectual, may shall be filed with the proceedings, unless other-order service to be made in such manner and wise directed by the court (r. 33). form as it shall deem fit (r. 48). If any creditor shall neglect to appear on his petition, no subsequent petition against the same debtor or debtors, or any of thein, either alone or jointly with any other person or persons, shall be presented by the same creditor without the special leave of the court to which the previous petition was presented (r. 34). The personal attendance of the petitioning creditor and of the witness or witnesses to prove the debt, the trading, and act of bankruptcy, upon the hearing of the petition, may be dispensed with, on special cause proved to the satisfaction of the court (r. 35). A debtor shall not be adjudged bankrupt on a petition in which the act of bankruptcy stated to have been committed by him is that the debtor has neglected to pay, secure, or compound with the petitioner a sum mentioned in a debtor's summons within seven days or three The rules 49 to 56 refer to "Proof of debts," which may be done by the creditor delivering or sending through the post in a prepaid letter, before the appointment of a trustee, to the registrar of the court, and after the appointment of a trustee to the trustee, a statement of the debt, and of the account between him and the bankrupt, with a declaration signed by the creditor according to the form in the schedule. A company or other body incorporated or authorised to sue may prove their debt by an agent, according to the form in the schedule (r. 50). A creditor may also prove his debt by deposition before a trustee or by affidavit, and such proof may be on his own oath, or on that of any agent or of any clerk or other person in his employment, and the affidavit shall be according to the form in the schedule (r. 53). Any creditor or bankrupt dissatisfied with the decision of the trustee in respect of a proof, may, within fourteen days after the receipt of the notice from the trustee, apply to the court to reverse the decision (r. 56). Concerning the transfer of proceedings, rule 57 says that where the judge of a County Court certifies that in his opinion the bankruptcy would be more advantageously conducted in the London Bankruptcy Court or some other County Court, the registrar shall, if the opinion is certified before the first meeting of creditors, lay the same before such meeting, and if it has been certified after such meeting, he shall transmit a copy of such certified opinion to the trustee, who shall thereupon summon a meeting of creditors to consider the same. If within fourteen days after sending such notice no resolution of the creditors objecting to such transfer shall be received by the court through the registrar, the transfer may be made, and shall be final (r. 58). Rules 59 and 60 refer to voting by proxy, and rules 60' to 67 to meetings of creditors, which we need not particularly notice. But in respect of secured creditors it is proposed that the balance of debt in respect of which a secured creditor shall be allowed to vote after deducting the value of his security, shall be determined as follows: If the creditor will undertake to assign the security to the trustee, upon the application of the trustee within two months after the meeting at which he first votes, upon payment of the value he may set on it, the difference between such value and the amount of debt, shall be the balance. If the creditor will not undertake to assign the security as before-mentioned, then the balance shall be the difference between the amount of debt and the value put upon the security by a sworn appraiser, and produced to the trustee at the meeting. Rules 68, 69, and 70, regulate the appointment of trustee. Where a trustee desires to apply to the court for directions in relation to any matter arising under the bankruptcy, he shall file with the registrar his application, according to the form in the schedule, and the registrar shall then fix a day for the hearing of the application, and, should he see fit, direct the trustee to give notice to the committee of inspection and to any creditor or other person who may be affected by the directions (r. 71). By rule 72 it is provided that where a trustee brings an action, he shall not be allowed in his accounts the sum paid by him to his attorney for his bill of costs, unless the same shall have been taxed as between attorney and client by the taxing master of the court in which the action is brought. And by rule 73 the comptroller is not to allow in the accounts of a trustee any charges for attorney or counsel in attending the court to make any application unless the consent in writing of the committee of inspection to their employment is forwarded to him with the trustee's accounts. The next rule enables the trustees to obtain a secured creditor's security on payment of the estimated value, the application by the trustee to be made within two months of the adjudication. The following rules to the 81st relate to the summoning of meetings by the trustee. By the 81st, where the trustee is an auctioneer he shall not act as such in the sale of any of the property vested in him, except with the consent of the committee of inspection, and upon such terms as it may think fit. Rules 82 and 83 refer to the removal or resignation of the trustee. A trustee applying for a release shall produce to the meeting of creditors a report from the comptroller upon his accounts, and he shall also deliver to the registrar of the court a list of any outstanding property of the bankrupt (r. 84). No part of the expense of any competition for the office of trustee shall be paid out of the estate, but all such expense shall be paid by the unsuccessful party to the successful party (r. 86'). Rules 88 to 91 deal with the declaration and payment of dividends. A bankrupt intending to apply for an order of discharge, shall file an application with the registrar, who shall thereupon fix the day upon which the application will be heard, and shall send a notice thereof to the trustee (r. 92). This order is not to be drawn up until after the expiration of the time allowed for appeal, or if an appeal be entered, until after the decision of the Court of Appeal thereon. An appeal must be entered within twenty-one days, and at the time of entering an appeal, notice thereof shall be given by the appellant, to the court appealed from, by leaving the same in writing with the registrar, who shall forthwith file the same with the proceedings, and a similar notice shall be delivered to the person in whose favour the decision or order appealed from has been given (r. 97.) At or before the time of entering an appeal, the party intending to appeal shall deposit with the registrar such sum, not being less than ten pounds and not exceeding forty pounds, as the court appealed from shall direct, to satisfy, so far as the same may extend, any costs that the appellant may be ordered to pay, and in the absence of any such direction, the sum deposited shall be twenty pounds (r. 98). Rules 102 to 109 relate to the form and swearing of affidavits. And rules 110 to 118 regulate the mode of giving security, which may be by bond, deposit, or the security of a guarantee association or society where the party to be protected consents. In all cases where the security is by bond, or by a guarantee association or society, the security shall be deposited with the registrar until the matter be finally disposed of (r. 118). The summoning of witnesses is ordered by rules 119 to 124. By the 123rd the court shall in each matter direct what number of witnesses are to be allowed on taxation of costs, and their allowance for attendance shall in no case exceed the highest rate of the allowances mentioned in the scale in the schedule. And the costs of witnesses, whether they have been examined or not, may, in the discretion of the court, be allowed (r. 124). By rule 125 a bankrupt who has not obtained but desires his order of discharge (s. 54 of the Act), having provided a dividend of 10s. in the pound, shall file with the registrar a statement, verified by affidavit, of the sums so paid, with the receipts of the creditors for the sums respectively paid to his creditors written on or attached thereto. At the hearing of the application, an order of discharge shall be granted, if the court is satisfied that a sum equal to a dividend of ten shillings in the pound has been paid to all the creditors who proved their debts. Rules 129 to 134 relate to arrests, commitments, and the setting aside of pay, salary, &c.; and the three following regulate the enforcement of debt against an undischarged bankrupt, the 135th providing that where after the expiration of a period of three years from the close of a bankruptcy in which the bankrupt has not obtained an order of discharge, an application is made to the court for its sanction to the enforcement by a creditor of the payment of the balance remaining unpaid of his debt proved under the bankruptcy, the creditor shall file a statement, verified by affidavit, showing the dividend paid under the bankruptcy, the balance remaining unpaid, and the property against which he seeks to enforce payment of such balance, and that such property is the property of the bankrupt, and the court shall thereupon appoint a day for the hearing. The rules which follow, up to 152, regulate the trial of questions of fact by juries. Rules 153 to 155 regulate the sittings of the court, which are to take place at the times now appointed for general business. Rule 158 gives power to the court or registrar to allow any amendments which in the judgment of the court or registrar are not material to the merits of the case, on such terms as may be ordered. ceding the date of the notice summoning the repaid on a certain day, it being agreed that in The general meeting in liquidation shall by resolution declare what security is to be given by the trustee, and to whom and what remuneration, if any, the trustee shall receive (r. 165). A person shall not be entitled to vote as a creditor at any general meeting held under the provisions of sects. 125 or 126 of the Act, unless he has proved his debt in manner prescribed by these rules as to debts provable in bankruptcy (r. 167). A debtor seeking the acceptance of a composition under sect. 126 of the Act, shall by affidavit declare that no creditor, or that no person for any creditor, has accepted or agreed to accept any gratuity or higher composition, for voting on the extraordinary resolution at the meeting of creditors, summoned to accept a composition by the debtor in satisfaction of the debt due to them from such debtor; and any creditor who has accepted or agreed to accept, either personally or by some other person, any gratuity or higher composition for voting as aforesaid, shall forfeit the debt due to him, together with such gratuity or composition (r. 171). Any person stating in writing that he is a creditor of the debtor, may personally, or by attorney or agent, inspect the resolution, the statement of the assets, and debts of the debtor, and every addition or amendment thereto, and the affidavits or declarations of debt by the creditors, upon application at the office of the registrar, in the form set out in schedule, and may have an office copy of or extract from every such resolution, statement, addition, amendment, affidavit, or declaration, upon paying for the same at the like rate as for office copies of proceedings in bankruptcy (r. 172). To these rules is appended a schedule of ninety-six forms. DOCK TRUSTEES. INDEX TO CONTENTS. Detention of ship, 2. Gibbs v. Trustees of Liverpool Docks, 1. Parnaby v. Lancaster Canal Company, 1. 1. Trustees held liable for damage. It is the duty of dock trustees receiving dock dues either for beneficial or fiduciary purposes to forbear from keeping the dock open, when they know, or might have reasonable means of knowing, that from a mud bank accumulated at its entrance, the dock cannot be navigated without danger to vessels. Gibbs v. The Trustees of the Liverpool Docks, 3 H. & N. 164; 27 L. J. 321, Ex.; 31 L. T. Rep. 22; and Parnaby v. The Lancaster Canal Company, 11 A. & E. 223; 7 L. J., N. S., 258, Q. B.; and sundry other cases referred to: (The Mersey Docks and Harbour Board v. Penhallows and others, E. C. Feb. 5, May 14, and June 18, 1861; 1 Mar. Law Cas. 138; 8 Jur. N. S. 486; 7 H. & N. 329; 5 L. T. Rep. N. S. 112; 30 L. J. 329, Ex., in error.) [The above case and The Mersey Dock Trustees v. Gibbs, affirmed by House of Lords June 5, 1866; 1 Weekly Notes, 216; L. Rep. of L., Eng. App. 93; 14 L. T. Rep. N. S. 677. Dictum of Lord Cottenham, L. C., in Duncan v. Findlater, 6 Cl. & F. 894, commented on. Met calfe v. Hetherington, considered.] H. 2. Misrepresentation as to depth of water in dock.-The trustees of a dock issued a notice con. taining a statement that "the depth of water on the dock sill was twenty-six and twenty-three feet at the highest spring tides, and fifteen feet at the lowest neaps.". It was held, that this amounted to a warranty that there was an available depth of water in the entrance channel approximating that mentioned in the notice, and that the trustees trusting to the representation contained in the were responsible to the owners of a ship, who, notice, entered the dock to load, and were delayed and put to expense in consequence of the insufficiency of water in the channel to enable her to complete her loading in the dock: (Williams v. Swansea Harbour Trustees, 14 C. B., N. S., 845.) In cases of liquidation by arrangement and composition, a meeting of creditors may be summoned by letter by the debtor. And the meeting being summoned, the debtor shall produce to the general meeting a statement of his affairs verified by affidavit in the same form as a bankrupt is required to produce to the first meeting of his creditors, with the exception that the list of creditors shall be divided into two, one showing the creditors whose debts exceed 10%., and the other the creditors whose debts do not ex3. Deposit of dock warrant as security for loan ceed 10%, and also that the cash account shall Conversion.-A. deposited a dock warrant for commence from a period of four months pre-certain goods with B. as security for a loan to be DOCK WARRANT. DOCUMENTS. wright's bill-Common Law Procedure Act 1854, 1. Production and inspection of surveys and ships. 50. In an action at the instance of the con signees of a cargo against the shipowner for sea damage to cargo of sugar. Held, that the consignees were entitled to require production of the surveys on the vessel and the shipwright's bill for repairs at a foreign port, &c., their object being to prove, by inspection of these documents, that the ship was not seaworthy: (Daniell v. Bond, C. B., Jan. 15, 1861; 1 Mar. Law Cas. 23; 9 C. B., N. S., 716; 3 L. T. Rep. N. S. 701.) Commission, 7. Fire (Time policy on steamship against), 5. 1. Collision case-Lights.-In a collision suit the Admiralty Court in Ireland has adopted the practice of finally disposing of the main question before proceeding to inquire into the amount of the injury which may become unnecessary under cer1 Mar. Law Cas. 150.) tain circumstances: (The Lyra, A. C. Ireland; 2. Salvage Skilled witnesses The Trinity Masters. When the court has the assistance of the Trinity Masters it will not entertain the opinion of skilled nautical witnesses, but leave the Masters to draw their deductions from the facts: (The Magdalen, A. C. Nov. 30, 1861; 1 Mar. Law Cas. 189.) 3. Bottomry bond-Evidence by master as to execution.-A bottomry bond upon ship, freight, and cargo having been impeached by the owners of cargo, the evidence of the master as to the execution of the bond is not indispensable: (The Ollivier, A. C., March 12 and 18, 1862; 1 Mar. Law Cas. 214.) -- 4. Admissibility of evidence of usage relating to shipbrokers' commission. The plaintiff, a steamship broker, introduced the defendant, a steamship broker, to certain shipowners for the purpose of engaging charters for them, and an agreement was come to between the parties. The defendant did engage charters, and obtained his commission for it. The plaintiff claimed as introducing broker, 1 per cent. commission thereon from the defendant, not only as according to custom, but as the terms of the bargain between them, those charters being renewed for the same ships, and renewed commission paid to defenclaimed, under custom, his renewed commission. Evidence of held admissible by Martin and Bramwell, BB. a custom and of the agreement was of the agreement between the parties excluded But Pollock, C. B., said that the special terms evidence of such custom and the usual course of business: (Allan and others v. Sundius and others, C. E., April 29, 1862; 1 Mar. Law Cas. 222.) dant. Plaintiff also such such 5. Time policy on steamships against fire-Extrinsic evidence-Parol. - A fire insurance company, in making out a policy of insurance of a as applicable, used one of their printed forms of steamship, referring to conditions indorsed, so far conditions applicable to houses, the language being, "if more than twenty pounds of gunpowder be on the premises at the time of the loss, such loss will not be made good." It was held that parol evidence was not admissible to prove that the word "premises was not intended to include the steamer. In order to construe a term in a written instrument where it is used in a peculiar sense differing from its ordinary meaning, evidence is admissible to prove the peculiar sense in which admissible to contradict or vary what is plain: the parties understood the word, but it is not (Beacon Life Assurance Company v. Gibb, J. C., P. C., Dec. 3, 1862; 1 Mar. Law Cas. 269.) 6. Production of lighthouse journals to prove registered state of wind and weather.-In order to prove the state of the wind and weather as registered on board of any of the light vessels, the court does not require the testimony of the person who actually made the entry. The Court of Admiralty does not always adhere with strictness to the rules of common law, and it will use its discretion in the reception and rejection of evidence: (The Maria Das Doras, A. C. Jan. 22, 1863; 1 Mar. Law Cas. 309.) 7. Shipbrokers' commission.—Evidence as to who was the proper person to receive the commission where shipbroker introduced shipowner to another broker, through which introduction a charterparty was entered into, was held rightly left to the jury under the circumstances: (Kynaston v. Nicholson and others, C. E. June 5, 1863; 1 Mar. Law Cas. 350.) FISHING VESSELS. Collision― Lights. —A collision occurred between a sailing vessel and fishing lugger neglect ing to show a light, which there was a nautical obligation upon her to do where it is required for safety to other vessels. Under the Admiralty notice of Oct. 1858, in pursuance of the Merchant Shipping Act, it was held that there was no obligation on fishing vessels to carry lights, so as to preclude them from recovering, and the damages were equally divided: (The Olivia, A. C. May 12 and 13, 1862; 1 Mar. Law Cas. 219.) FOREIGN JUDGMENT. INDEX TO CONTENTS. Act of Parliament (retrospective effect of), 2. Cammell v. Sewell, 2. Comity of Nations, 3. Conspiracy to attach and sell ship, 1. Consul (foreign), 3. Mortgage, 2. Mortgage, 1. The Bold Buccleugh, 2. French decision, 2. Nyas v Australasian Bank, 1. Registration, 2. Review of foreign judgment, 3. 1. Conspiracy to attach and sell ship abroadA plaintiff brought an action in this country for conspiracy, by which a bill was indorsed to a holder without value, who attached a British ship at Havre, and sold it according to the process of the court there. It was held that no action lay in this country until the decision of the court at Havre had been reversed, for it might be that the plaintiff had notice of the proceedings at Havre, and purposely allowed judgment to go by default, or that he might have appeared in the French court and been heard on the question whether the holder was holder for value. (Nyas v. Australasian Bank, 16 Q. B. 717: (Castrique v. Behrens and others, Q. B. Feb. 23, 1861; 1 Mar. Law Cas. 45.) 2. Title to British ship-Arrest and sale in France-Mortgage.-A British vessel whilst on her voyage was transferred by bill of sale. In the mean time the master had drawn a bill for necessaries. The ship touched at Havre, and the holders of the bill, who were French subjects residing at Havre, commenced proceedings in the French court against the ship and the master. The master allowed judgment to go against him by consent, and was condemned to pay the amount of the bill, and the vessel was sold. It was held by the Exchequer Chamber, reversing the decision of the Common Pleas, that the proceedings in the French court were proceedings in rem, and consequently the sale under its decree passed the property in the ship. Cammell v. Sewell, 29 L. J. 350, Ex. Ch. referred to. The Bold Buccleugh, 7 Moo. P. C. Cas. 286, considered not analogous. Hughes v. Cornelius, 2 Show. 232; Story on the Conflict of Laws, sects. 592, 593; Novilli v. Rossi, 2 B. & A. 757; and Abbot on Shipping, p. 121, 6th edit.; referred to: (Castrique v. Imrie, E. C. Nov. 29 and 30, 1860, and Feb. 8, 1861; 1 Mar. Law Cas. 46; 8 C. B., N. S., 405; 31 L. J. 58; 8 Jur. N. S. 177-reversing judgment of C. B.; 2 L. T. Rep. N. S. 180; 8 C. B., N. S., 1; 29 L. J. 321; 6 Jur. N. S. 1058) country against their own consent, to receive out of the proceeds of the ship passage-money for their return home. Secus, where seamen are engaged during the voyage. The ship's provisions being exhausted, and the seamen compelled to provide themselves; they were held entitled to board wages out of the proceeds of the ship: (The San Jose Primeiro, A. C. May 25, 1860; 1 Mar. Law Cas. 5; 3 L. T. Rep. N. S. 513.) 2. Master's wages-Intervention of foreign consul-Jurisdiction of Admiralty Court-Merchant Shipping Act, s. 191.-The Jurisdiction of the Court of Admiralty over causes of wages of foreign masters is discretionary only; and notice of the institution of a suit to recover them ought to be given to the consul of the state to which the ship belongs. In such a case the consul protested against the cause being allowed to proceed; and his protest was held to be a bar to the suit: (The Herzogin Marie, A. C. March 21, 1861; 1 Mar. Law Čas. 144. 3. Security for costs-Practice of Admiralty Court-Suit for wages.-To a suit for wages by a foreign master, the owners appeared under protest. It was held that the jurisdiction of the court being discretionary, the defendants were wrong in appearing under protest. The cause was allowed to proceed, subject to any protest by the foreign consul, on the plaintiff giving security. (See Nylander v. Barnes, 6 H. & M. 509.): (The Franz and Elize, A. C., Oct. 10, 1861; 1 Mar. Law Cas. 155.) PUBLIC COMPANIES. RAILWAY COMPANIES. Pennsylvania.-A semi-annual dividend of 5 per cent. West Flanders.-A dividend of 5s. 9d. per share, payable as usual on and after the 15th Nov. next. BANKS. Standard Bank of British South Africa.--A half year's dividend at the rate of 4 per cent. per annum. MISCELLANEOUS COMPANIES. Anglo-American Telegraph.-A dividend of 10s. per share, free of income tax, has been declared for the past quarter. Anglo-Mediterranean Telegraph.-A quarter's interim dividend of 4s. per share. Consolidated Land of France.-At an extraordinary meeting it was decided that the company should be wound up under supervision of the court. Mr. Mowatt explained that the property of the company was worth 500,000l., and that in that sum might very likely be realised. In that the vent of the extension of the port of Marseilles Mr. S. Lowell Price was appointed liquidator. case 200,000l. would belong to the proprietors. Regent's Canal.-A dividend of 9s. per share. MINING COMPANIES. Carmaux.-Half year's dividend, 10 francs per share (less 21 cents. French tax). Sao Vicente.-A call of 2s. per share is payable on the 1st Dec. Vancouver Coal Mining and Land.-A dividend at the rate of 15 per cent. per annum. REPORTS OF SALES. NOTE. -The reports of the Estate Exchange are officially supplied in the following list. Auctioneers whose names are registered there will oblige by reports of their own sales.] 4. Collision suit Foreign ships liable for damage Sale of ship. In a collision cause where the proceeds of sale of ship are deficient to pay all claims, a seamen's suit for wages will be dismissed, mariners having other remedies, whereas the successful promovents in the collision cause have no remedy but against the ship. See Carl Johan cited in The Dundee, 1 Hag. A. R 109; The Benares, 7 Not. Cas., sup. 50; The Chimara, reported only in the Shipping and Mercantile Gazette of Nov. 27, 1852; and The Linda, 30 L. T. Rep. 234; (The Duna, A. C., Ireland, Aug. 13, 1860; 1 Mar. Law Cas. 159; 5 L. T. Rep. N. S. Leasehold residence. No 37, Francis-street, Tottenham217; 12 Ir. Jur. 384.) 5. Wages-Payment to consul.-In a suit for wages by foreign seamen if their consul intervenes and asks that payment of the wages due to them be made to him on their behalf, the court usually grants the application: (The Timor, A. C., Nov. 17, 1863; 1 Mar. Law Cas. 400.) Tuesday, Oct. 26. By Messrs. FAREBROTHER, CLARK, and Co., at the Mart. Freehold and small part copyhold estate, situate in the parish of Iver, Bucks, comprising mansion, offices, grounds, farmhouse, and land, Iver-court Farm, comprising farmhouse buildings, and cottage, the whole containing 401a. 2r. 34p.sold for 45,000Z. court-road, rental of 527. 108. per annum, termn 5 years from 24th June 1789, at 87. per annum-sold for 4102. Leasehold stables and coach-house, No 5, Southamptonmews, Southampton-row, Russell-square, ren: 11/08, per annum, term 99 years from 1800 at 47. 78. per annum-sold for 907. By Messrs. DEBENHAM, TEWSON, and FARMER. Freehold farm, known as Pelling's or Marling's, situate at Rotherfield, Sussex, comprising 5a. 1r. lp, with farmhouse, homestead, buildings, and cottages-sold for :2007. Leasehold profit rental of 1457. per annum (for 38 years) secured on the warehouses at the corner of Finsbury and Kopemaker's streets-sold for 19007. Wednesday, Oct. 27. 6. Foreign consul-Practice of Admiralty Court -The Golubchick.-Although the court will ordinarily regard the protest of a consul in suits for wages by foreign masters, it will act differently in cases where the suit is against the ship, and where it is against the proceeds of the sale of the ship. In the latter case it may carry out its jurisdiction in favour of the master: (The Octavie, A. C., Leasehold residence, No. 18, Grove-end-road, St. John'sDec. 8, 1863; 1 Mar. Law Cas. 420.) ESTATE AND INVESTMENT JOURNAL. STOCK AND SHARE MARKETS. Thursday. The general improvement commenced last week has continued, and hope is entertained that things are mending at last. The following are the fluctuations of the last month : ENGLISH FUNDS. Fri. Sat. Mon Tues Wed. Thur 3 Bank of England Stock Cent. Red. Ann. 934 3 Cent. Cons. Ann... New 2 Cent. Ann.... Do. 34 do. Jan. 1894. New 3 Cent. Ann. 5 Cent. Annuities 5 Cents. Jan. 1873 Ann. 30 years exp. April 5, 1885 Do. exp. Jan. 5, 1880 Red Sea Tele. Ann. 1908 914 91 91 914 India 5 Cent. for Acc. 113 By Mr. JOSEPH SALTER, at the Mart. Leasehold residence, No. 3. Kentish-town-road, let at 457. per annum, term 88 years, from 1841, at 57. 58. per annumsold for 5402. By Messrs. ELGOOD and SON. road, with stabling and pleasure grounds, term 48 years unexpired, at 317. 108. per annum-sold for 20007. Tuesday, Nov. 2. By Messrs. DEBENHAM, TEWSON, and FARMER, at the Mart. Freehold residence, known as Elm Lodge, with pleasure grounds, gardens, conservatory, &c., containing la. 13p.— sold for 33007. Freehold six acres marsh land, situate near the White Hart Inn, Temple Mills-sold for 3007. Wednesday, Nov. 10. By Messrs. EDWIN FOX AND BOUSFIELD, at the Mart. Leasehold, three houses and shops, Nos. 327, 329, and 331, Hoxton-street, producing 1907. per annum, term 51 years unexpired; both 201. per annum-sold for 11007. Leasehold, eight house, with shops and premises, Nos. 311, 313, 315, 317, 319, 321, 323, and 325, Hoxton-street, producing 2907. per annum, term 57 years unexpired at 1007. per annum-sold for 8807. Freehold, three plots of building land, situate at Epping, Essex-sold for 177. 108. and 187. each. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. DIRECTION TO TAX COSTS-APPEAL FROM CHAMBERS.-J. was solicitor of A., the testator in these causes, for many years before his death, and was appointed one of his executors. He delivered his bills to the testator's widow, an executrix, and the amount was paid by a cheque drawn by J. himself upon the bankers of the executors, who were three in number. This was in June 1843, soon after which J. died; and in 1865 a suit to execute the trusts of the will was 934 instituted, and accounts of moneys received by the executors J.'s executor were directed. carried in the bills as items of discharge of his testator's estate, and the M. R., in chambers, without being attended by counsel, directed the taxing master to "tax and settle the bills" in respect of items which the persons beneficially interested in the estate questioned: Held, on appeal against this order, that, as the Cons. Order XL., rule 25, provided that the judge may direct the taxing master to assist him in settling the costs, the order was erroneous, and it was varied by substituting a direction to the master to inquire and state whether any, and e March 24 per cent., 18. pm. which, of the disputed items were fair and 934 93 115 115 115 212 |