Bill, which was introduced, at the instance of the Incorporated Law Society of Liverpool, by Mr. Rathbone, at the close of the last session, in order to be brought forward in the next. Mr. Rathbone intends to reintroduce the Bill in the ensuing session, and it is now under the consideration of your committee. The Married Womens' Property Bill, which proposed to enable married women to hold property, contract, sue, and be sued as femes soles, appeared to your committee to be bad in principle, as well as loose in the terms in which it was expressed, but as they considered the objections to the Bill rather matters of public policy than questions for the interference of the association. your committee did not take any steps in opposition to the Bill, which, after having been referred to a select committee by the House of Commons was not proceeded with. Salford Hundred Court of Record. One of the earliest subjects which engaged the attention of your committee, after the amalgamation of the two courts of record had taken effect, was the question of certifying for costs in actions under 10., as to which the practice varied. A deputation from your Association attended in London upon Messrs. West and Kay, the judges of the court, upon the subject. The deputation believed that the conference would have a good effect in producing uniformity of action in the judges. Common Pleas at Lancaster Amendment Act 1869 (32 & 33 Vict. c. 37).-In the last annual re port the committee had the pleasure of congratulating the Association upon the accomplishment (in the amalgamation of the Courts of Record), of an object which had been desired by it for many years; they have now the satisfaction of recording the attainment of another object which has received the attention of the association for a period of almost equal length, namely the establishment, at Manchester, of a district registry for the Court of Common Pleas at Lancaster. Their satisfaction on this head, is however, greatly lessened by the fact that Lord Dufferin, the Chancellor of the Duchy, appointed to the office of district prothonotary, Mr. Lowry, a Q.C. of the Irish Bar; a gentleman who, whatever his other attainments may be, had not had the opportunity of acquiring that special familiarity with what is technically called "practice," which your committee consider to be of paramount importance in a district prothonotary. In accordance with a resolution of a special general meeting, a memorial was adopted and presented by a deputation to Lord Dufferin, who, however, after some correspondence, declined to cancel the appointment. Your committee acted in concert with the Liverpool Society in preparing the rules for the government of the practice of the court, a copy of which was sent to each member of the association. Your committee can only regret that for the reason indicated, the district court is not, at present, so useful as was anticipated. submitted the draft of a scheme for the foundation | iion would thus gain considerably in weight and of a University of Law, and invited a concurrence nfluence. It may be observed that by the proof this association, and the attendance of a depu- posed scheme for the Law University, the Senate tation from it at a meeting to be held in London. will comprise a representative selected by each of Most of the large towns througout the kingdom four principal provincial law societies who shall had representatives at the meeting in London, at thus have become incorporated. Your committee which a representative from your association also having come to the conclusion that incorporation attended, and a series of resolutions was adopted, was desirable, appointed a sub-committee to prethe main one of which was in favour of the estab-pare the draft of the memorandum and articles of lishment of a central law university, for the association, and the resolutions necessary to alter education of students intended for both branches the constitution of the association, with a view to of the Profession. Sir Roundell Palmer has submitting the question to an early special general accepted the office of president, and on his meeting of the members. recommendation, it is proposed that the Crown should be moved to grant a charter for the intended legal university, and that a subsidiary Bill should be introduced into the House of Commons, for the purpose of removing such legal impediments as might exist to the accomplishment, by the authority of the Crown alone, of the whole object in view. Your committee attached so much importance to this movement, and the high influence it will have upon both branches of the Profession, that they voted 501. from the funds of the association towards the expenses of the education committee. Courts of Justice site.-On the introduction of the Chancellor of the Exchequer's Bill for the acquisition of a proposed new site, on the Thames Embankment, for the erection and concentration of the courts of justice, your committee presented a petition to the House of Commons against the Bill, and in favour of retaining the Carey-street site, and the honorary secretary wrote to the local members or Parliament requesting their influence in opposing the proposed change. The question of the rival sites was referred by the House of Commons to the consideration of a committee, who reported in favour of Carey-street. The point still remains unsettled, and in the meantime all progress towards concentration is suspended. Denoting stamps on duplicates.-The attention of your committee having been called to the recent change in the character of denoting stamps, which instead of certifying (as formerly) that the original is " duly stamped," now only indicate that the original bears stamps of a certain value, your committee wrote to the Board of Inland Revenue pointing out that the mode of stamping was not, in their opinion, a compliance with the provisions of the 13 & 14 Vict. c. 97, which directs a denoting stamp to be affixed for the purpose of "testifying the payment of the full and proper stamp duty on the original deed," and calling attention to the serious questions to which the charge would give rise. This letter, and the reply of the Board, were afterwards embodied in a case laid before Mr. Manisty, Q. C., who advised that the new denoting stamp is not such a particular denoting stamp as is required by the Act. The case, with Mr. Manisty's opinion, was forwarded to the Commissioners, who stated in reply that they did not see any reason for altering their view of the propriety of the change which had been adopted, "because it was found that the use of the former stamp was not in strict conformity with the law, and involved considerable anomaly and injustice." Fees for exhibits in bankruptcy.-Your comexhibit in bankruptcy is allowed by the taxing master in bankruptcy, passed a resolution recommending the members to charge that fee, and a copy of the resolution was sent to every member of the association. Judicature Commission.-On the publication of the first report of the royal commission, a copy was sent to each member of the committee, and the report subsequently received their consideration. The extent and importance of the recommittee, finding that a fee of 1s. for marking each mendations of the commissioners are now generally known; the leading features being the proposed blending of the superior courts of law and equity, together with the Oourts of Probate, Divorce, and Admiralty, into one court, under the title of the Supreme Court." This court to be divided into chambers, or divisions, for the despatch of business, as convenience may require. Your committee are, at present, of opinion that any practical suggestions on the scheme should be reserved until the Bills by which the Government propose to carry out the recommendations of the commissioners are before the association. The Liverpool Law Society having obtained from the Lord Chancellor an appointment to receive delegates from various law societies, in reference to certain Bills which he intended to introduce into Parliament, for the purpose of carrying out the recommendations of the Judicature Commis. sion, Mr. Baker, who was in London at the time, was good enough to act as the representative of your association, and, with gentlemen from other associations, attended an interview with the Lord Chancellor, in the course of which his Lordship explained the nature of the Bills he intended to introduce, one of which would refer to the formation of a high court of justice, which he proposed should be invested with full power to draw up all the rules which might be necessary for the working of the court. The second Bill would deal with appeals, and would be confined to proceedings in the House of Lords, and would provide for the same persons hearing appeals from the commencement. His Lordship referred to the County Court questions which had been issued by the Judicature Commissioners, upon which they were most desirous of having the opinions of the Profession, and which are now under consideration. Legal Education.-In the early part of the past year, the Executive Committee on Legal Education Death of Edward Ovens, Esq.-On the death of Mr. Ovens, the judge of the Manchester County Court, your committee passed a resolution of sympathy and condolence with Mrs. Ovens, a copy of which was forwarded to her, and acknowledged in grateful terms. Presentation to Mr. Baker.-The sum of 501. having been voted by the last annual meeting for the purchase of plate, to be presented to Mr. Baker in acknowledgment of his services in connection with the amalgamation of the courts of record, the articles were presented to Mr. Baker, in the name of the association, by the president, on the occasion of the annual dinner. The Preliminary Examinations have, as heretofore, been held in Manchester during the past year, under the conduct of members of your association, recommended by the committee for the purpose. The Metropolitan and Provincial Law Association held their annual provincial meeting at York, in the month of October, when your association was represented, as usual, by a deputation, who were received with the greatest courtesy and hospitality by the Yorkshire Law Society and the local members of the profession. Incorporation of the Association. Your committee have recently had under consideration the propriety of your association obtaining the advantage of a legal status, a perpetual succession, and a common seal, by being incorporated under the 23rd section of the Companies Act 1867, as has already been done by the now Incorporated Law Society of Liverpool. Your committee, on inquiry, found that the process would be simple and inexpensive, and they consider that the associa LIVERPOOL LAW STUDENTS' DEBATING SOCIETY. The twelfth meeting of the society was held on Friday, 18th inst. The subject for discussion was Is it desirable to abolish coroner's juries ?" Mr. James Lloyd opened the debate in the affirmative. Nine other members spoke on the question. The society decided the question in the negative by ten to two. The number of members present was seventeen. He SOCIAL SCIENCE ASSOCIATION. INTESTACY WITH RESPECT TO REAL PROPERTY. At a recent meeting of this association, Baron Pigott in the chair, Mr. Joshua Williams read a paper on the Real Estates Intestacy Bill. On the conclusion of the paper a discussion of some length took place. Baron Pigott said Mr. Williams's remarks were very comprehensive. thought Mr. Williams was right in not desiring to interfere with the power of settlement and entail, except in the way of limiting them to two or three lives. With regard to intestacy, the question was, "Is the law at present just ?" Public policy was not the consideration, but did the law act justly? He thought it would be more just to subdivide the property. It was well knowu that many men made no wills; some could not bring themselves to do so; some delayed from day to day, and died at last without having made one; while others were legally or, in fact, incompetent to sign one. In all such cases the eldest son took the estate, brothers and sisters being left to want. The eldest son was, like many of us, fond of himself He often fell into bad hands. It was impossible to say that a law providing for an equitable division of the property would be injurious. One of the protective clauses of such a measure should act in preventing too great a subdivision of land. It would not be desirable to have a tenant. under half a dozen landlords. There was a provision in Mr. Locke King's Bill giving power to demand an apportionment of the land. If this power were to be unlimited, we might have an embarrassing number of small proprietors who would not be able to work the land properly. He thought that the system of allowing property to descend with a title was very well, but he could distant heirs. In such a case what would have not see the advisability of parties not looking for been done with the earldom estates in the Shrewsbury case? It would not do to encumber any not give up their chances of a succession, however measure with such provisions, for people would remote. He quite agreed with the paper so far as the alterations in the law of intestacy were con cerned, but he thought care should be taken, and that land should not be indefinitely subdivided. He concluded by moving a vote of thanks to Mr. Williams, which was passed, and after a similar vote to the chairman, the meeting adjourned. THE LAW STUDENTS' DEBATING SOCIETY. At a meeting of the society, held on the 22nd inst., Mr. Hargreaves in the chair, the following question was discussed: "A., a general officer in the army writes to the adjutant-general a report concerning the conduct of B., an officer under his command. It is admitted that the report is libellous, written without probable or justifiable cause, and not in the bona fide discharge of A.'s duty. the libel?" Mr. Hills opened the question in Can B. maintain an action against A. in respect of the affirmative, and was followed by nine other speakers. The president summed up, and put the question to the society, when it appeared that the votes on either side were equal. The president then gave his casting vote in the negative, in which the question was declared to be carried. ARTICLED CLERKS' SOCIETY. A meeting of this society was held in the hall of the Hon. Society of Clement's-inn, Clement's-inn, Strand, on Wednesday evening last. The chair was taken by Mr. Wolfe. Mr. J. C. Barnard moved "That it is to the interest of the country to sever her connections with her colonies." There was a large attendance of members, and after a very interesting debate, the motion was put to the meeting and negatived. LEGAL OBITUARY. W. P. P. RABY, ESQ. THE late William Parke Poole Raby, Esq., solicitor, of Cardiff, who died on the 10th ult., after a short illness, in the 31st year of his age, was the eldest son of the late Rev. William Raby, incumbent of Wetherby, Yorkshire, by Lydia, daughter of Samuel Parker, Esq., of Wetherby, in the same county. He was born in the year 1839, and was educated at St. Peter's School, York. He was admitted a solicitor in 1861, and shortly afterwards settled at Cardiff, where he soon took a position amongst his professional brethren. He was an able advocate in the county and police courts, and by his gentlemanly manners and address, gained the esteem of the community generally. He was first lieutenant in the 3rd Glamorganshire Volunteer Artillery Corps, by whom he was much respected. Mr. Raby married in 1860 Mary, daughter of Mr. T. Tindale, of York, by whom, who is deceased, he has left no issue. His remains were interred in the New Cemetery, Cardiff, with military honours. wise." Somebody once happily said that Jerry must have been the "certain lawyer" mentioned in Scripture. THE GAZETTES. Bankrupts. Gazette, March 18. To surrender at the Bankrupts' Court, Basinghall-street. UNDER BANKRUPTCY ACT 1869. BROWN, ALFRED, corndealer, Park-rd, Old Kent-rd. Pet. March 17. Reg. Murray. Sur. April 9 HOOPER, BENJAMIN, ATTENBOROUGH, GEORGE, jun., and HOOPER, HOWARD JOSEPH, leather factors, Saint Mary-axe. Pet. March 11. Reg. Spring-Rice. Sur. April 7 LANGDON, THOMAS ANTHONY, victualler, Salisbury-ct, Fleet-st. Pet. March 15. Reg. Pepys. Sur. Mar. 28 UNDER BANKRUPTCY ACT 1861. COCKELL, WILLIAM JAMES, builder, High-st, Battersea. Pet. THE COURTS & COURT PAPERS EDGAR, FREDERICK WILLIAM, and EDGAR, EDWARD JAMES, CHANCERY NOTICES. During the Easter Vacation, until further notice, all applications which are necessary to be made at the Judges' Chambers are to be made at the chambers of the Vice-Chancellor James. Parties desiring to make any urgent special application to the court during the vacation are to apply at the said chambers for an appointment. During the Easter Vacation all application to the Court of Chancery which are of an urgent nature are to be made to or at the chambers of the Vice-Chancellor Sir William Milbourne James. Cherry Orchard-rd, Croydon. Pet. March 17. Reg. Rowland. Sur. March 30 EDWARDS, THOMAS, and HODGES, SAMUEL HORATIA, boot manufacturers, Bristol. Pet. March 11. Reg. Harley. Sur. March 30 GRAHAM, ALLEN MARDEN, brickmaker, West Malling. Pet. March 14. Reg. Scudamore. Sur. March 29 HODGES, SAMUEL, boot manufacturer, Bristol. Pet. March 15. Reg. Harley. Sur. March 30 HOLLOWAY, JOSEPH JOSIAH, boatman, Birmingham. Pet. March 14. Reg. Chauntler. Sur. April 22 SMITH, ANDREW, innkeeper, Freemantle. Pet. March 16. Reg. Thorndike. Sur. April 5 WHITE, EDWIN JACOB, cabinet maker, Bristol. Pet. March 14. Reg. Harley. Sur. March 30 UNDER BANKRUPTCY ACT 1861. PRESTON, JOSEPH, boiler maker, Sedgley. Pet. Nov. 13. Reg. & O. A. Walker. Sur. March 29 Gazette, March 22. To surrender at the Bankrupts' Court, Basinghall-street. UNDER BANKRUPTCY ACT 1869. All applications ex parte are to be sent to the Vice-Chancellor James, by book post or parcel, prepaid, accompanied with the brief of counsel, endorsed with the terms of the order applied for, and an envelope capable of receiving the papers to be returned, with sufficient stamps affixed thereon, and addressed as follows: "To the Registrar in Vacation, Chancery Registrar's office, Chancery- CRAVEN, JONATHAN, Worsted stuff manufacturer, Bradford. lane, London, W.C." On applications for injunctions or writs of ne exeat regno, there must be sent, in addition to the above, a copy of the bill, a certificate of bill filed, and office copies of the affidavits in support of the application. The papers sent to the Vice-Chancellor with any order His Honour to make thereon will be returned direct to the registrar. All applications for leave to give notice of motion only may be made to the chief clerk at chambers. The Vice-Chancellor's address can be obtained on application at His Honour's chambers, 11, Newsquare, Lincoln's-inn. The chambers of the Vice-Chancellor James will be open on Tuesday, Wednesday, Thursday, and Friday in every week, from eleven till one o'clock. Dated 21st March, 1870. The Official Assignees are given, to whom apply for the Dividends. PROMOTIONS & APPOINTMENTS keeper, first, 168. 84. Parkyns, Basinghall-st.-Cheetham, Thornley, IN.B.-Announcements of appointments being in the nature of advertisements, are charged 2s. 6d. each, for which postage stamps should be inclosed.] The Lord Chancellor has appointed Mr. Thomas Henry Alderton, of 97, Edgware-road, W., solicitor, a London Commissioner to Administer Oaths in Chancery. James Watkins, Esq., solicitor, Bolton, has been appointed by the Lord Chief Justice of the Court of Common Pleas, a Perpetual Commis Augove, H. cordwainer, 6d. Peter, Redruth.-Bennetts, W. grocer, 9d. Peter, Redruth.-Blomfield, H. bookseller, first, 58. 6d. (in lieu of 12s. 5d.) Parkyns, Basinghall-st.-Brown, H. K. door. and Ingle, hosiers, fourth, 6. (sep. of Thornley, 64.) Harris, Nottingham.-Dulin, W. jeweller, first, 18. 3d. Parkyns, Basinghall-st. -Eggleton, H. D. coal merchant, second, 11s. 14d. Paget, Basinghall-st.-Hillary and Ashfold, builders, first, 9s. 1d. Parkyns, Basinghall-st.-Kirk, Wale, and Kirk, coal merchants, final, 18. ld. Harris, Nottingham.-Laws, R. clerk, second, 2s. 7d. Paget, Basinghall-st.--Moore, R. C. farmer, second, 3s. Harris, Nottingham.-Moyle, G. of Fernsplat, 28. 10d. Peter, Redruth.-Shipley, F. E. jun. brickmaker, and F. E. sen. tanner, &d. (sep. of F. E. merchant, 1s. Gd. Harris, Nottingham.-Tibbetts, T. china dealer first, 19s. 8d. Paget, Basinghall-st. Shipley, sen. 1s. 34.) Harris, Nottingham.-Soiter, E. J. timber INSOLVENTS' ESTATES. Round, Rev. T. B. of Weston Patrick, final, 11d. Apply at County-court, Basingstoke. sioner for Taking the Acknowledgments of Deeds Assignment, Composition, Inspectorship, and to be executed by Married Women. LEGAL NEWS. On Tuesday Her Majesty the Queen of the Netherlands visited the Temple, attended by Baron de Pabst de Bingerden, Baron de Sledem, Baron Schimmelpinninck v. d'Oye, and Baron Gevaerts de Simonshaun. Her Majesty was received by the Rev. Dr. Vaughan (Master of the Temple), Mr. Thomas Webb Greene, Q. C., and Mr. Charles Shaw (under treasurer of the Middle Temple), by whom she was accompanied to the church and the various places of interest in the Temple. Her Majesty expressed great pleasure with her visit, especially admiring the old hall of the Middle Temple with its paintings and elaborately carved oak "screen." Jerry T. is one of those energetic, impulsive, steam-engine sort of men who have perfect confidence in their own abilities, and who are positive they are always right. Ask Jerry what the law is on a mooted point: "It is so and so; have read it all up; no doubt of it; can't be other. BIRTHS. BADDELEY.-On the 17th inst., at 4, Palace-villas, Bromley, Kent, the wife of Frederick P. Baddeley, solicitor, of a daughter. GABB.-On the 21st inst., at Balcarras, Charlton Kings, the wife of J. W. Gabb, Esq., of Cheltenham, solicitor, of a daughter. MILLS. On the 21st inst., at 4, Sheffield-gardens, the wife of W. P. Mills, Esq., barrister at law, of a son. STORY-MASKELYNE.-On the 22nd inst., at 5, Inverness-terrace, Kensington-gardens, W., the wife of E. Story-Maskelyne, Esq., barrister-at-law, of a daughter. DEATHS. BAKEWELL.-On the 25th Jan. last, at Adelaide, South Australia, aged 52, William Bakewell, Esq., Crown Solicitor of the Colony, greatly beloved and regretted. HINRICH.-On the 6th inst., at 10, Bank-buildings, Bedford, aged 75, Sarah, relict of the late Mr. Andrew Hinrich, solicitor, of 9, John-street, Adelphi, London, and New Brompton. HUNT. On the 16th inst., at Eastbourne, Jane Elizabeth, aged 39, the beloved wife of Bristow Hunt, Esq., solicitor, of 1, Serlestreet, Lincoln's-inn, and 97, Hemingford-road, London." MANN. On the 14th inst., at Frimley, Surrey, aged 75, Caroline Mann, widow of James Henry Mann, Esq., solicitor, formerly of Charles-street, St. James's-square. Sales by Auction. Sydenham-hill, Kent. Valuable Freehold Ground-rents, amounting together to about 2507. per annum, and presenting first-class Investments; the rack rental value of the property being estimated at upwards of 18007. per annum. MESSRS. NORTON, TRIST, WATNEY, and CO. are instructed by the Trustees of the late James Hunt, Esq., to offer for SALE, at the MART, on FRIDAY, APRIL's, at Two o'clock, in Six Lots, the following very valuable FREEHOLD INVESTMENTS, viz. :Lot 1. A Ground-rent of 727. per annum, arising out of a very superior detached family residence, with pleasure grounds, gardens, greenhouses, hot and forcing houses, paddock, stabling, and offices, situate upon Eliot-bank, leading from Sydenham to Forest-hill, in the occupation of John Willcocks, Esq. Lot 2. A Ground-rent of 727. per annum, arising out of two capital detached residences, situate adjoining Lot 1, with pleasure grounds, gardens, conservatories, stabling, offices, and a paddock in the rear. In the occupation of H. C. Cheeswright, Esq., and J. Schofield, Esq. Lot 3. A Ground-rent of 257. per annum, arising out of a capital detached residence, with good garden, conservatory, stabling, and offices, situate adjoining Lot 2. In the occupation of J. Shand, Esq. Lot 4. A Ground-rent of 201. per annum, arising out of two convenient family residences, with good gardens, situate adjoining Lot 3. Lot 5. A Ground-rent of 307. per annum, arising out of four convenient family residences, with good gardens, situate adjoining Lot 4. Lot 6. A ground-rent of 30, per annum, arising out of six convenient residences, sitnate at Sydenham-hill, on the road to Sydenham and Lewishamn. In the occupation of various tenants. The whole of the above are let upon lease for terms, of which about eighty-five years are now unexpired, and present to trustees and capitalists undeniably secure and first-rate freehold investments. Particulars with plans, may be had of Messrs. BISCHOFF, BOMPAS, and BISCHOFF, No. 4, Great Winchester-street-buildings, Great Winchester-street; and of the Auctioneers, 62, Old Broad-street, Royal Exchange. Botolph-lane, City, and Blackman-street, Borough.-Valuable Freehold Investment of 801, per annum, and an Improved Leasehold Rental of 407, per annum. MESSRS. NORTON, TRIST, WATNEY, and CO. are instructed by the Executors of the late J. Hunt, Esq., to offer for SALE, at the MART, on FRIDAY, APRIL 8, the following PROPERTIES, viz. :Lot 1. Two FREEHOLD SHOPS and DWELLINGHOUSES, situate in Botolph-alley, between St. Botolphlane and Love-lane, Tower-street, in the City of London, and close to Billingsgate and in the centre of the fruit market, let together on lease at a moderate rent of 801. per annum. Lot 2. An IMPROVED LEASEHOLD RENTAL of 407. per annum, secured upon two shops, dwelling houses, and premises, Nos. 10 and 11, Backman-street, Borough, held from the Coopers' Company for an unexpired term of 74 years at 1657., and underlet for the whole term at 2057, per annum. Particulars may be had of Messrs. BISCHOFF, BOMPAS, and BISCHOFF, Solicitors, 4, Great Winchester-street buildings, E.C. and of the Auctioneers, 62, Old Broad-street, E.C. Clerkenwell.-Freehold Investments. MESSRS, NORTON, TRIST, WATNEY, and CO., are instructed to offer for SALE, at the MART, on FRIDAY, APRIL 8, at Two o'clock, in Two Lots, a Valuable FREEHOLD PROPERTY, consisting of two dwelling-houses, eligibly situate, Nos. 18 and 19, Great Warner-street, Clerkenwell, near Mount Pleasant, each containing ten rooms, with yard; a so Two Tenements adjoining, Nos. 8 and 9a, Baynes-court. The whole let to weekly tenants. May be viewed, and particulars had of Messrs. WHITE, BROUGHTON, and WHITE, Solicitors, 12, Great Marlborough-street; and of the Auctioneers, 62, Old Broad-street, Royal Exchange Rotherhithe.-Valuable and extensive Freehold Business Premises and Dwelling-house, with the advantage of immediate possession, and a Freehold Public-house, known as the Acorn, facing the Commercial Docks, MESSRS. NORTON, TRIST, WATNEY, and CO. are instructed to offer for SALE, at the MART, on FRIDAY, APRIL 8, at Two o'clock, in TWO LOTS, as follows: Lot. 1. A valuable and important FREEHOLD PROPERTY, most commandingly situate Nos. 385, 386, and 387, the Platform, facing the river, and near Cherry-garden-pier, Rotherhithe; comprising an extensive shop and warehouse. with private entrance and dwelling-house over, having a frontage of 44ft. 7in., and extending in depth 50ft. Lot. 2. A FREEHOLD PUBLIC-HOUSE, known as the Acorn, with dwelling-house and stores adjoining, situate in Trinity-street, facing the Commercial Docks, and within a few minutes' walk of the pier, in the occupation of Mr. Record, at the yearly rent of 1007. May be viewed, and particulars had of Messrs. WHITE, BROUGHTON, and WHITE, Solicitors, 12, Great Marlborough-street; and of the Auctioneers, 62, Old Broad-street, E.C. Freehold Ground-rents and Dwelling-houses in and near Victoria-street. S.W., with a perfect and inexpensive Parliamentary Title under the Westminster Improvement and Incumbered Estate Acts 1861 and 1865. R. PHILIP D. TUCKETT, is instructed SELL by AUCTION, at the MART, Tokenhouse-yard, E.C., on TUESDAY, APRIL 26, at One, TWO first-class FREEHOLD GROUND-RENTS, of 2507, and 1307. per annum, very amply secured upon those splendid commercial premises prominently placed in Victoria-street, Westminster, lately erected at vast expense, and occupied by Messrs. Hooper and Co., the eminent carriage builders, the rental value whereof is estimated at 15007. per annum. Also, in One Lot, THREE FREEHOLD HOUSES, known as Nos. 6, 7, and 8, Dacrestreet, close to Victoria-street and the Westminster Palace Hotel, at present let to one tenant at 101. a-year, but with early possession and capitally placed for any manufacturing business. Particulars with plans and conditions of sale of Messrs. MAYHEW, SALMON, and WHITING, Solicitors, 30, Great George-street; of Mr. C. W. JACQUES, 4, Victoria-street; or of Mr. PHILIP D. TUCKETT, Land Agent, Surveyor, &c., 10A, Old Broadstreet, E.C. MESSRS, DEBENHAM, TEWSON, and FARMER'S FEBRUARY LIST of ESTATES and HOUSES, including landed estates, town and country residences, hunting and shooting quarters, farms, ground rents, rentcharges, house property and investments generally may be obtained free of charge, at their offices, 80, Cheapside, ParE.C., or will be sent by post in return for two stamps. ticulars for insertion in the March List must be received by the 28th February at latest. Slander of title Privileged statement - Evidence of malice STEWARD v. YOUNG ALLEN (app.) v. TOWN CLERK OF WARRINGTON (resp.)Registration-Notice of objection- Sufficiency of descrip tion..... EXCHEQUER CHAMBER. FREND v. BUCKLEYVendor and purchaser-Leasehold property-Abstract of title...... THE FREEDOM COURT OF ADMIRALTY. 168 To Readers and Correspondents. All anonymous communications are invariably rejected. All communications must be authenticated by the name and address of the writer, not necessarily for publication, but as a guarantee of good faith. CHARGES FOR ADVERTISEMENTS. Four lines or thirty words.................... 3s. 6d Every additional ten words Os. 6d. Advertisements specially ordered for the first page are charged one-fourth more than the above scale. Advertisements must reach the office not later than five o'clock on Thursday afternoon. THE Law and the Lawyers. Damage to cargo-Perils of the seas-Right to sue............. 175 afterwards he was seized with a fit of THE NEPOTER Damage to cargo-Bill of lading-Consignee................ 177 179 Bill of sale-Description of grantor in-Apparent ownership...... 179 A MELANCHOLY event cast a gloom over the Middlesex Sessions on Tuesday. Mr. PAYNE, 160 the Deputy-Assistant Judge, had presided as usual on Monday, in apparently perfect health. He was detained late by a locked-up jury. He 170 returned home, slept well, and sat down to his breakfast in seemingly perfect health. Soon apoplexy, but continued slightly conscious for nearly half an hour, when coma came on, and he died at twelve o'clock. The court had assembled in due course, and his arrival was expected when the news came that he was very ill. Fortunately Mr. Serjt. Cox had returned from Circuit, and being sent for was enabled to proceed with the business by eleven o'clock. The cause of the delay was soon noised about, and a general and strong sympathy was expressed, though the extent of the danger was not then known. About one o'clock a messenger arrived with the news that the Judge who had sat there only on the previous day, in the full enjoyment of health and life, was dead. Mr. Serjt. Cox immediately announced the melancholy tidings. Mr. ABRAM, on behalf of the Bar, expressed their common grief at the loss of the Judge whom they had so long known and so much respected, and passed a very warm 427 eulogium on the extraordinary benevolence and 428 charity of Mr. PAYNE, whose private life had been devoted to doing good. The audience showed their sympathy by applause. Mr. Serjt. Cox thanked the Bar for their testimony to the memory of his deceased friend, and said that he should have forthwith adjourned the court for the day, but that the state of the public 433 business forbad that indulgence of their grief. The deceased Judge was seventy-two years of 434 age. He was called to the Bar at Lincoln's Inn in June 1825, having been previously a gentleman commoner at St. Edmund's Hall, Oxford. He obtained a very extensive practice at the Old Bailey and at Middlesex Sessions. He was the editor of the wellknown reports that bear his name, "Carrington and Payne," and which are still so often cited in our criminal courts. He was un441 married, and he devoted the entire of his leisure and fortune to works of charity. He was the unwearied patron of all institutions that pro442 moted the well-being of the poor. Temperance societies, ragged schools, home missions, refuges, 442 and such like found in him an enthusiastic advocate, and his skill in addressing himself to the sympathies and understandings of the poor was extraordinary, indeed, almost unique. His loss will be severely felt Fordingbridge County Court-Jurisdiction of County Court 443 by those whom he befriended. Though his death 429 429 429 The Bribery Prosecutions 431 431 432 430 430 433 434 434 435 440 440 440 440 440 ... 440 440 441 441 Norwich City Justices-Alehouse-Offence against licence... 441 Borough Quarter Sessions Mr. Serjeant Cox's Game Law Reform Bill JOINT-STOCK COMPANIES' LAW JOURNAL:- REAL PROPERTY LAWYER: Notes of New Decisions 442 446 MR. SERJEANT Cox has been appointed DeputyAssistant Judge of Middlesex, in the place of Mr. JOSEPH PAYNE, deceased. 446 446 446 446 £ s. d. One year.................................................................................................... 2 13 0 On credit or for separate numbers:- Double numbers (stamped) (unstamped) (unstamped) VOL. X LVIII.-No. 1409. 446 MR. BARRY, whose application to Lord Justice GIFFARD to recover certain fees due to him from the late Lord MOSTYN we noticed last week, draws our attention to a letter which he has addressed to the Times, in which he explains that the inference which we drew from the report in that journal to the effect that his fees had already been paid to the solicitor is incorrect. His application, therefore, reduced tself to this-that it might be declared that 179 0 1 1 0' 1 0 017 016 The principles hitherto accepted and acted upon in courts of equity shall be deemed to be part of the common law of the land, and shall be enforced in all suits and proceedings in the High Court as such. The maxims and principles of the common law shall, where they conflict with such equitable principles, be in future held to be thereby restrained, modified, or wholly superseded to the exmade under this Act, provision shall be made for tent of such conflict. In the rules and orders to be enabling the parties in any suit or proceeding to assert or claim the benefit of such equitable principles, subject to this provision-that where, for want of adequate official machinery, or for other cause, any division of the High Court is not able efficiently to work out the equitable right of the parties, the suit shall be transferred by order of the court to some other division. THE thanks of the legal profession are due to the learned members of the House of Commons who combined to defeat the amendment of Sir JOHN TRELAWNY, moved in committee on the Attorneys' and Solicitors' Remuneration Bill, the object of which was to deprive solicitors of their lien for unpaid costs. We protest against this class legislation altogether, and we anticipate some very bad results from the operation of the Bill when it becomes law. It will be very much, however, in the hands of solicitors themselves to defeat its intended operation to a certain extent, but had Sir JOHN TRELAWNY succeeded in carrying his amendment a gross injustice would have been perpetrated. As explained by several hon. members, no solicitor can extort payment of unfair charges by means of a lien on papers, and to take away that lien from all the honest members of the Profession would be a crooked and iniquitous mode of punishing the dishonest. Measures which are designed to punish extortion in trades and professions must be framed with excessive caution. Sir JOHN TRELAWNY would appear to have been of a different opinion, and the lesson which he learned on Wednesday may be useful to him and his supporters, whose names we append :-R. S. AYTOUN, Sir P. BURRELL, J. CANDLISH, J. COWEN, W. D. FORDYCE, A. ILLINGWORTH, A. JOHNSTON (S. Essex), J. MILLER, P. H. MUNTZ, and H. RICHARD (Merthyr Tydfil). MEMORIAL TO LORD BROUGHAM. A MOVEMENT has been set on foot for the purpose of erecting a suitable memorial to the memory of the late Lord Brougham. From a paper sent to us we learn that the representatives of several societies in London having for their object the promotion of the social, industrial, and the services of the late distinguished orator, educational welfare of the people, propose that lawyer, and statesman should be recognised by the erection of a national memorial, taking the shape of a Central Hall and Free Library, to be erected and established in his honour. threefold-(1) "to facilitate the work of existThe object of erecting the Hall is stated to be ing associations which have been established for such objects as the reform of the law, the promotion of education, the advancement of knowledge, and the general welfare of the people;" (2) "to facilitate social intercourse between those who, while labouring in common for the welfare of their country, are practically separated by class distinctions ;" and (3) with a view to the great object of national unity "to establish intimate social relations between the individual members of the different sections of society." "Such a building as is suggested," says the memorandum, "if owned and administered by the foremost workers for humanity, would provide facilities for social intercourse between the best men of all classes. Men of wealth might here lend their treasures to benefit and please those who so much need such help. In this building men of the highest attainments in science, art, literature, and philosophy may give of their abundance. Such a building would be -not only a hall for public meetings and conferences on measures of national importancebut a centre where men working for a common object would have opportunity of meeting and cooperating, while at present too often working and apart, therefore in ignorance of each other's efforts. They would then work with far greater results, because in greater union, and with greater economy of time, means, and effort." It appears that about four years ago an attempt was made to procure funds for a central institution which should accomplish some of the above objects, and that a small sum of money was raised by "The Working Men's Club and Institute Union," which they are willing to devote to the erection of the projected memorial. The names of a good many distinguished noblemen and gentlemen are annexed to the memorandum as approving of its object, and intending to assist in carrying it out. Of the excellence of the object there can be no doubt, and we have much pleasure in bringing it to the knowledge of the legal world. Communications should be addressed to the Honorary Secretaries of the Working Men's Club and Institute, 150, Strand. THE LAND TRANSFER BILL. ing the process of Land Transfer is not likely THIS latest project for cheapening by simplifyto fare better than its many predecessors. As long as we can remember, reformers have condemned the costliness of conveyancing, and abused the lawyers as being the cause of it, and successive zealots have proclaimed the discovery of a complete cure for all the mischiefs complained of; but when they were tried they were found to be no better than other theories. At one time the cry was that the lawyers for their own proper profit introduced needless words, and, being paid by the folio, deliberately multiplied folios, using a hundred words to express what might be as effectually declared in ten. So a law was passed, with much pomp and laudation, to abbreviate the language of deeds by a kind of model statutory conveyance, and by declaring that certain terms shall bear the meaning then customarily expressed in a very long sentence. But this law remained a dead letter. It did not remove the grievance, because it was directed to the wrong cause. Then there arose a cry for registration and indefeasible title. "Give us that," said the reformers, "and land will be transferred as easily and cheaply as cotton; the lawyers will be starved, but the public will profit, and, above all, land will be free; every man who wants it will be able to get it, and get rid of it, too, without expense." This panacea was then tried. A registration office was established, at a cost to the public of we know not how many thousands a year. But again there was disappointment. There was the registry, but nobody would register. All the benefits (promised by the reformers were offered to landowners, but none would avail themselves of the boon. That dream of visionaries, an indefeasible title, was placed within the reach of those who were said to be so eager for the prize, and yet, strange to say, little more than fifty persons per annum were willing to accept it. The Registration Act, in its turn, proved a ridiculous failure. Wherefore? "The lawyers have done it all," said its discomfited promoters. "They persistently oppose every reform that curtails their fees, and they have persuaded their clients that registration and an indefeasible title are rather an injury than otherwise." attached to it, beyond all possible legal question. tioned the production of the required funds Still the cry went up for cheap conveyancing and free land; and, in spite of the repeated failures, another attempt was made. A commission was appointed to inquire into the causes of these mishaps in legislation, and to suggest, if possible, some new and more promising remedies. The Land Transfer Bill, introduced by the LORD CHANCELLOR, embodies the results of its deliberations. We are not prophesying too venturously when we affirm that the new scheme will fail almost, if not quite, as egregiously as have its predecessors. The public will have nothing more to do with it than they can help, and again, as of course, the failure will be set to the account of the lawyers. But it will fail for the same reason that all have failed. have been attempted or proposed appear to have gone to their work in the wrong direction. The first inquiry to which attention should have been devoted was into the causes of the cost of conveyancing, or, to use a more popular phrase, of land transfer. If they had borrowed from as many solicitors a hundred bills of costs of purchases and mortgages, and analysed them with care, they would have discovered precisely where it was that the grievance lay. Such an analysis would have been more instructive than any amount cise nature of the defect, they would have been of mere opinion; and having before them the prebetter able to devise the appropriate remedy. And what would they have found? That the costs caused by the conveyance itself, but by the of a sale or mortgage are not investigation of title. In these times of rapid change, property changes hands more often than formerly; and, above all, the facilities of locomotion scatter men abroad over the whole face of the globe, and it is daily more difficult to trace the whereabouts of those who have rights in property of which even they themselves may be ignorant. Thus we discover at starting two serious difficulties growing yearly; First, the length of time allowed to claimants. Secondly, the recognition of claims unaccompanied by possession. The constructors of the various reforms that These are, we assert, the two causes of the greater portion of the costs of conveyancing. Every lawyer is daily reminded of them by the difficulties they throw around the smallest as well as the largest transactions; for the peculiarity of the case is this, that the cost bears no proportion to the value, the same investigation being necessary for a cottage of 100l. and an estate of 100,000l. Indeed, the former is usually the more costly, because it is not so easy to trace the whereabouts of claimants in the family of a cottier as of those in a county family. What, then, is the remedy for these evils? It is threefold. First, the Statute of Limitations must be further limited. Secondly, some restriction must be placed upon the power of charging. Thirdly, a power to discharge must be given to the person entitled to the possession in fee. We propose next week to show how this may be done without wrong to any, and with immense advantage to the community. Then we will examine the provisions of the Land Transfer Bill to see how far they effect their object, and if the plan we propose might not be combined with it. But the fact is, that there could not be a more profitable business for a lawyer than registering a title. The proofs required for a sale or mortgage were as nothing compared with the evidence demanded-and rightly so-by the registrar, and advised by the conveyancing counsel, before he would grant a certificate of indefeasible title. Nor could it be otherwise. Such a title means a title good against all the world, or it is worthless; and it would have been an infamous law that would enable any of one's neighbours to go to an office and register as his a field, THE BRIBERY PROSECUTIONS. or a right of way, or a right to a stream, and, THE first batch of these prosecutions has been having thus stolen it to secure it to himself inde- completed. The result is not satisfactory. The feasibly. It was absolutely essential to the sa ety principals have escaped, the agents have been of every man's property that a person registering convicted. There was no proof whatever that land, and asking for a certificate of title, should Mr. Vanderbyl knew what his partner prove the ownership, and the parcels and the rights | did, nor that Mr. Alexander KINGLAKE sauc The trials were conducted with great ability on both sides. The ATTORNEY-GENERAL alike in his opening and reply, was firm, dignified, and powerful, conscious that he was performing a duty, painful indeed, but incumbent upon his office, and to be discharged with courage and a stern resolve that it should not fail from any default of his. The speech of Mr. HENRY JAMES for Mr. VANDERBYL was a masterpiece of professional skill and subtlety; for he was surrounded with difficulties and dangers which it needed more than common sagacity to avoid. advocate's duties-to make a speech, where the He had to perform that most anxious of an prudent course, did custom permit it, would be to say nothing at all, all his anxiety being to them-in fact to steer his course through a path approach the points of the case without touching beset by pitfalls. Mr. LOPES had the easier duty of a perfectly hopeless case, and he perThe SOLICITORformed it extremely well. GENERAL was far more lenient to his defendant than was the Attorney-GenerAL; indeed, he opened with so many compliments and apologies that he might have been mistaken by a stranger for the counsel for defendant. But this was only at the beginning. He speedily threw himself into the work, and carried it through with his wonted eloquence. Sir JOHN KARSLAKE exerted himself most zealously for his client; his speech was powerful, and impressive; but the facts were too clear; he could not answer them, and his ingenious endeavours to explain them away were necessarily unsuccessful. been justly the subject of universal admiration. The summings up of Mr. Justice HANNEN have There was but one opinion of them at the Barthat they would have added reputation to the greatest of our Judges. They were masterpieces of judicial oratory, if such a term may be applied to a wonderfully calm, impartial, and the choicest and most precise language, rising well arranged review of the case, delivered in occasionally to eloquence, and expressed with becoming dignity. It is manifest that in Mr. Justice HANNEN we have a Judge who can rise to the occasion. Some of the newspapers are pointing to these trials as proofs of the necessity for the ballot. But that is a very wide leap from the premiss. They assume that the ballot will be a cure for bribery; but that is just the one abuse of elections for which it is the least likely to prove a remedy. It has other virtues, indeed, but not this one, at least if we can trust the reports from all countries where it is employed. The ballot will make elections more quiet, perhaps, abolish canvassing and the abuses of conveying voters to the poll and other evils which it would be desirable to banish, but its tendency will certainly be to increase bribery by the comparative impunity it will provide. There is a numerous class of electors who now are so tied to party or sect that they could not vote for the opposing candidate without suspicion, who, if they could give the vote in secret, would gladly sell it; and, notoriously in America, the practice is to buy wholesale, that is to say, one man speaks for a club, or a factory, or a political association, and the bargain is that if the candidate is returned the society through their organ will receive an agreed sum for the common use. It is a mistake to suppose that a man who will take a bribe will cheat the briber. Thousands deem it no moral wrong to sell the vote that is their own, and which the ballot will declare to be their own, and not a trust as now, who would deem it very wicked to cheat the JUDICIAL CONSERVATISM. might avoid the defects of the French system, person who buys them. The ballot will leave body has read with astonishment as occurring at procedure, and for these amongst other reasons, to things much as they are with respect to bribery. The prosecutions will do something to deter respectable men from a practice fraught with so much personal danger, but then this fear will not deter other men who care less for reputation, and so the result may be to let in the worse and keep out the better. If all the best men in the House of Commons would resolve to adopt perfect purity at elections, the certain consequence would be that inferior men not so scrupulous would take their places. Would the country gain by the exchange? There are two sides to this as to every other question. We may chance to lose more than we gain by endeavours to deter men from giving instead of deterring them from asking. THE TRIAL AT TOURS. ADVOCATES for the importation into this country of the French practice of examining the defendant in a criminal trial must surely find their opinion much disturbed, if not changed, by the narratives that have been sent to the newspapers from eye-witnesses of the proceedings in that memorable inquest. The scene was sufficiently dramatic and sensational; but we doubt its efficacy in the promotion of that discovery of the very truth which is the object of all judicial investigation. The favourite argument-that if the accused be permitted to tender himself as a witness innocence will be more easily shown, guilt more readily detected-is founded on the fallacy that every man can tell a straightforward story if he pleases, and explain dubious facts by the natural rhetoric of truth. As a matter of fact, ignorant innocence is incapable of that clear and consistent explanation of circumstances, having a double aspect, which would be necessary to convince a sceptical jury. Moreover, it seems to be forgotten that if the accused is examined he must be cross-examined, and to say that innocence will come out only the more clearly from this ordeal, is to ignore the experience of all who have practised in criminal courts, and who receive daily proof how clever cross-examination will confound the most honest and truthful witness, much more one whose mind is confused by anxiety and terror, and who will always be sorely tempted by the instinct of self-preservation to endeavour to explain away suspicious circumstances by falsehood. The foundation of our present practice is the old and wholesome principle of the presumption of innocence and the consequent requirement that the prosecution shall prove the guilt of the accused, and that it is not for him to prove his innocence. Admit him as a witness as in France, and this wholesome principle is abandoned. Practically he will be required to prove innocence. The prosecution will make out a prima facie case, and call on the prisoner to answer it. If he does not volunteer to do so, the jury will be told that he does not because he cannot. Even if this argument be prohibited to counsel, it will present itself to the mind of the jury, and cannot fail to influence their judgment. If the accused is to be examined for any pur pose, he must be examined for all purposes; by counsel on both sides and by the court, and the scene at Tours will soon come to be enacted here. Further, experience shows how little credit can be given to the evidence of the parties in a cause-not merely through wilful perjury, but from the unconscious tendency of the mind to see everything through the distorting medium of its own interests and passions. If in civil cases the testimony of the parties is of such little worth, how much less reliable would it be in criminal cases, where liberty, reputation, even life itself, are involved. No man in such circumstances could be expected to tell the truth; and what advantage would justice derive from unreliable evidence? But it is said by the advocates for the examination of the accused in criminal cases that we the Trial at Tours. PETITIONS FOR LIQUIDATION. Now with the highest respect for the opinion quote the Pall Mall Gazette:-"They are mostly men of advanced years, and they are all professional men." And it is added, "Legislation by such a body is sure to exhibit some characteristic defects; and if there is to be very much of it in future, it seems to us clear that some systematic check on it should be provided through the agency of a functionary distinctly charged with watching over the public interests." We will readily admit that, as stated by Lord WESTBURY in the House of Lords, it is to be regretted that Judges are allowed to remain on the bench to any age; but it may fairly be said that there is not one, or if one, only one, Judge who it might be assumed could retire on the score of age with advantage to the administration of the law, and so keen is the intellect of the Judge to whom we refer, so strong is his sense of the responsibility attaching to his position, that he succeeds in discharging his duties far more ably than his younger colleagues. But if some of the judges have nearly attained three score years and ten, there is an array of men in the full vigour of life still on the Bench, ex. gr., in the Common Pleas, the LORD CHIEF JUSTICE and Justices WILLES, SMITH, and BRETT, in the Exchequer Barons BRAMWEll, PIGOTT, and CLEASBY; whilst in the Queen's Bench all the Judges are in vigorous intellectual health, notwithstanding the Chief is in his sixtyninth year. So far as regards age. Then it is said "they are all professional men." We must confess ourselves unable to understand upon what ground this can be an objection where the work which they are called upon to perform relates solely to professional matters. But here we arrive at the fallacies which underlie the press comments. It is not, and it cannot, be contended that we can do without a code of procedure. We cannot do without a system of pleading. That is to say, we must have either a system of pleading as at common law, or a method of proceeding by bill or petition as in equity, or the Court of Admiralty; and if the Judges are not to frame the rules, we shudder to think of the unutterable confusion into which legal business will be thrown. By taking this task out of the hands of the Judges it is thought that which is called the Conservatism of the Bench will be got rid of, and as this seems to be the principal count in the indictment, we will see upon what this reputation for Conservatism is based. We believe it may be stated, without the slightest fear of contradiction, that there is no member of any profession less tolerant of the abuse of technicalities than Lord Chief Justice COCKBURN. And it is a matter of common information in the Profession that no Judge hesitates to exercise liberally the power of amending the pleadings so as to raise the merits of a case. And as to proceedings in equity the courts are, without exception, strongly disposed to give complete relief wherever it is possible to do so without infringing any statute or welldefined rule of practice. The Act of 1862 has afforded more than one instance of this. By that Act power was conferred on courts of equity to try disputed questions of law and fact, on which the right of any party to any equitable relief or remedy depends; at the same time, providing that where convenient issues might be directed to be tried at the assizes or at the Metropolitan sittings at Nisi Prius. The disposition of courts of equity under this Act was clearly stated by Lord Chancellor WESTBURY in the well known case of Young v. Fernie, 1 De G. J. and Sm. 353, which involved the question of the validity of a patent. There his Lordship said, "I construe the statute as laying down the rule for the future, that these things shall be heard and determined in this court. The proviso operates by way of exception only to the rule: and in order to bring a case within the proviso, the court must be satisfied that the administration of justice in the particular suit may be |
