some one more capable of doing it justice. It was one, however, which he had much pleasure in proposing, as he was sure everybody present would respond to it with the utmost satisfaction. When he said it was the health of the Lord Chancellor and the other patrons of the society, he was sure it would be received with that acclamation which did not result from any desire whatever of exhibiting mere feelings, but from real gratitude for the association that existed between them and the members of that society, and for the means they had afforded to the gentlemen who were there present in mixing with them upon terms, he would not say of equality, but at all events upon terms at which everybody present must feel gratified. He must be pardoned, indeed he was sure that he need hardly claim their pardon, for naming one person who was among the list of patrons; he alluded to the nobleman who stood second upon the list, and who would form no unimportant feature in the page of history-he meant that great and noble old man, Lord Lyndhurst, a name that not only finds a response in the heart of every lawyerthat sort of response that arises from a feeling how deeply they were all honoured by being members of the same profession that he himself had graced, but which was held in esteem throughout all Europe; indeed, he might say throughout the civilised world. He was now, at a period of his life when most men would have yielded to inactivity, exhibiting energies for the benefit of his fellow creatures, and for the cause of justice and humanity; and they found him there, as everywhere else, giving that assistance which he had given through life to all who required it. The very excellent speech-one of the most able he had ever heard at a public meeting-indeed, he might say elsewhere-that he had listened to with so much delight from their excellent and learned chairman, deprived him of almost every topic in allusion to the toast he had to propose. The efficient manner in which he had alluded to the mode in which the members of that society performed their duties, and the interest which subsisted between them and their employers, and which he (Mr. Serjeant Ballantine) trusted would ever remain, as at present, almost rendered it unnecessary for him to allude to the duties and the position of those whose names he had to propose. Suffice it to say, that amongst those names was one who held no mean place not only in their profession but also in the world at large. Men of intellect, men of talent, of industry, and of power had raised themselves to a rank which all admired, and which many there present, he hoped, looked up to, not only with admiration, but with some sort of hope that it might be their fate, as it had been that of many others in their position, to reach a station equally honourable and exalted. As far as his own thorough conviction went, it was from that association of mutual respect and esteem between men who had raised themselves to eminence and men who were looking forward to it, that the greatest and mightiest efforts arose, and the greatest and happiest results were attained. From his heart, and from a feeling of consideration and respect, and from the entire approval of every single word that the learned chairman had said, he would add his humble wishes for their success; might they be as successful, as happy, and as prosperous as he believed their conduct deserved that they should be. He had only a word more to say,-the name that he had to join to the toast was Lord Justice Knight Bruce. [His lordship's name was received with an outburst of applause.] He (Mr. Serjeant Ballantine)

knew very well that those who were members of the same profession as himself would respond with enthusiasm to the name he had had the honour to mention, than whom there was no one he would rather hold up to the admiration and imitation of the younger branches of the profession. He would not allude to the numerous talents he undoubtedly possessed, but he would allude to the unshrinking energy and devoted industry which he had shewn from his earliest days in the pursuit of his profession, and say that never were honours more justly earned and properly bestowed than upon the noble and learned lord whose name he had coupled with the toast.

The Lord Justice Knight Bruce, in responding to the toast, said—“On behalf of those whom you have honoured by the last toast, allow me to offer cordially and respectfully many acknowledgments and thanks for the kind-the very kind manner in which it has been proposed by the learned Serjeant and received by you. If good wishes to the institution whose anniversary we are celebrating, and an anxious desire for its success, can give a title to that honour, that title belongs to all included in it, and I hope to none less than myself; and for the judges in particular let me add the assurance that they approve greatly, and think highly, of the institution, and consider the manifestation of that opinion as well becoming their important office. Gentlemen, my cordial participation in that sentiment may render me less unworthy for asking you to do honour to the name of a gentleman to whom the institution is this day especially under much obligation. I wish to give you the health of a man whose course of public life has for some years been under my observation at the outset with good omen, onward with increasing interest in its great advance, less with the pleasure of vindicating the prophecy, than with that of rejoicing friendship. To predict indeed what was to come required no extraordinary power of foresight, for

"The good courser on the plain, ere yet he starts, is known; And does at the goal but gain what all have deemed he would."

Gentlemen, the name of our chairman may authorise me to repeat a frequent remark, that this institution is doubly interested in having for the president at each of its anniversaries a man of high character and distinction professionally as well as privately, for it marks the estimation in which those eminent in the administration of justice hold the purposes which bring us together this night-purposes upon the value or importance of which, after the able and effective observations that have been in so businesslike, as well as eloquent a manner, made to you by my honourable friend at my left and by the learned Serjeant, it would be superfluous indeed for me to dilate. In saying, then, that the chief seat here this evening has been filled in a manner the most advantageous, I say that which I am sure you will all assent to. We all justly feel indebted to my honourable friend-a debt, I was about to say, incapable of increase, and so at present it is; yet how difficult for a man to be satisfied with the amount of what he owes to an eligible creditor, and there has passed across my mind the possibility of augmentation, in this instance, upon a future event, which I will not now further allude to. I may, however, permit myself the general remark that a man in high office would not fill the chair at one of these anniversaries the worse for having graced it most at an earlier period of a useful, an exemplary, an honourable and

a distinguished life. In the meantime, gentlemen, let us drink the health and prosperity of Mr. Roundell Palmer.

The Chairman.-I feel it extremely difficult worthily to express my sense of the kindness which has marked the observations of my most respected friend the Lord Justice, and your manner of receiving them. I am willing to believe his friendship for me is real, and that at least is a very great pleasure, and I also think that you appreciate the right good will with which I have endeavoured to serve you upon this occasion. Whatever future may be in store for me-and as to that I am well content and thankful for what has been given to me; I desire no more, and have no ambition for the future, but my interest in this society, whatever my future may be, is not likely to decrease.

He

Mr. Digby Seymour said he had been asked to propose a toast, and he considered it a compliment, as it enabled him to stand up, and in his own person express the opinion he entertained of the importance of that institution, and of its inherent merits. confessed he had sat with great pleasure and delight during the time they had been assembled that evening. Never had an association met under more favourable circumstances. On one side of the hall they were presided over by dignitaries of the law, who shed a lustre around them, and on the other side of the hall there was indeed a different but another lustre looking down upon them from the gallery, encouraging them to perseverance. He had been asked to propose the health of the Bench, the Bar, and the Profession. With regard to the Bench, he was sure he should be excused for not saying much. The subject was so large and of such importance that he should perhaps be treating it with more respect by not dwelling long upon it. But in in connection with the Bench there was one great name which ought not to be forgotten. He alluded to the memorable name of Lord Truro. He (Mr. Seymour) had the good fortune, although then young, to have the acquaintance of Sir Thomas Wilde when he was at the Bar, and he could only say that his opinion of that illustrious man was that he carried from the ranks of life from which he rose that humble spirit and those high acquirements which always assure to their professors an adequate reward. Passing, as he did, through the various ranks of the profession, he might justly be held up as an encouragement to those who belonged to that association to remind them of the bright rewards which hold themselves out to those who persevere in a course of industry and integrity. He might say, with regard to the Bar and the profession generally, that it was impossible to form a proper estimate of the constitutional history of our country without being acquainted with our great constitutional lawyers. The reforms of our institutions had been the growth and development of great characters in the annals of the Bar. He would only allude to Sir Samuel Romilly and that other great and brilliant genius, Lord Brougham, in confirmation of that remark. In connection with the toast he had the honour to propose, he would mention the name of Mr. Serjeant Parry. He had known him long, and there was no man more fitted to respond to that toast on the part of the Bar than he was. He had lately had the well-merited honours which properly attend high professional success bestowed upon him; and, if his past career was to be an index to his future, he would not prove unworthy of the honours which had been conferred upon him. In conclusion, when he viewed

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the character and conduct of the distinguished gentleman who filled the chair, and those who supported him, and when he looked at the character of the profession generally, he was filled with hope that, be the fate of this country what it may, their common profession will always maintain and support the purity of the Bench, the independence of the Bar, and the honour of the whole body.

Mr. Serjeant Parry said in default of many who might have been present that evening a duty had been cast upon him, which he certainly did not perform reluctantly, because he should be very sorry to shrink from any duty which devolved upon him, especially upon an occasion like that, but which he approached with a diffidence which was certainly not his peculiarity, but which he believed to be a universal and predominant quality of the profession to which he had the honour to belong. It would be ridiculous to suppose that he could adequately respond to the toast of the bench, the bar and the profession; certainly he knew something of the bench, and he knew something of the bar, and of all the branches of the profession. This he would say that it would be impossible to select a body of men more capable of rendering genuine homage to the judges of this country both in equity and at common law than those by whom he was surrounded. There was not a man there present, from the humblest clerk who had taken out a summons to strike out a plea before a judge at chambers, to the mightiest advocate who had ever pleaded in Westminster Hall-there was not a man from one to the other who was not capable of estimating the conduct of the judges of the land and bearing to them, what, he was sure, those who were present that evening felt their high testimony of sincere regard and admiration. It was now a trite saying that the judges perform their duty. He did not believe, however, that we attach sufficient importance to what is going on silently amongst us from day to day. We read the speech of a great orator in the House of Commons, with interest and delight. We hear of some great forensic triumph at the bar: we hear of some great and heroic deed of arms, and progress of the arts of peace by which the world is governed; but he considered that one of the greatest influences at work around us was the silent day by day influence of the administration of justice by the judges of the land. As regarded the bar, he should say very little indeed. In the history of our country it had rendered some services. It should be recollected that in every branch of the profession there is daily going on, though, undoubtedly, there might be instances of misconduct and impropriety, but where was the profession that was free from it-even the most sacred, he would say emphatically that day by day there are men in all branches of the profession actively engaged in the assertion of some right or other, and that many families now in affluence owe their affluence to the spirit and determination of some branch of the profession. He need hardly remind them that there were passages in the history of this country, shewing that some of the most sacred liberties that have ever been procured for the people have been won by men belonging to the profession. He would say nothing more. He would only express the great pleasure he experienced at being present that evening; he had been for some years a subscriber to the society, but he had only that evening been present for the first time at the anniversary festival. He considered it a most

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useful and estimable society, for it encouraged what he believed to be the element of successful enterprise in this country-the spirit of self-dependence, which induced a man to rely upon himself through life, and to make for himself an independent position, than which there was no greater blessing. At the same time it gave assistance to those who required it in a manner in which no one need be ashamed to accept it.

Mr. Steere proposed the health of the trustees. In an important society like that of which there were so many members, and so large a fund to be taken charge of, it was necessary to make a judicious selection of gentlemen to fill the responsible office of trustees. The society had been most happy in that selection, and they were deeply indebted to the gentlemen who had filled that office for their services during the past year. He was sure they would all join with him in making their best acknowledgment to the trustees of that society for the discharge of the duties that had been imposed upon them up to the present hour, and wishing that they might long live to perform those duties.

The Chairman said his learned friend the Recorder of Newcastle had justly said that, that meeting had been peculiarly graced by the presence of the ladies, who had been so kind as to give their attendance at the other end of the room. But it needed not their presence to make them feel the obligations which they owed to them, and to express their sense of those obligations on such an occasion as that. He was sure that they all felt with him that it was no idle compliment which they paid to the ladies, by proposing their health on such an occasion. All then present might be divided into two classes: those who had been married and those who wished to be married. Those who wished to be so would do well to learn from those who had been; and speaking for that class he could say that if it were not for the ladies he did not know where would be the value of all their toil, it was they who sweetened all their labours, and cheered them on in the path of honour and duty.

The subscriptions in aid of the society announced during the evening exceeded £350.

NOTES OF THE WEEK.

SHERIFFS OF LONDON AND MIDDLESEX.

J. J. Mechi, Esq., Frederick Keats, Esq.

UNDERSHERIFFS.

Alexander Crosley, Esq., solicitor, of 34, Lombard

RECENT DECISIONS IN
Lords Justices.

In re Leslie, exparte Leslie. June 27, 1856.

BANKRUPT LAW CONSOLIDATION ACT.-FRAUD.-REPRESENTATION OF BEING TRADER.-CERTIFICATE.

A bankrupt obtained an advance from an insurance company on the representation that it was required for the extension of his business of a tailor, which he had carried on for five years, at No. 60, Conduitstreet. It appeared that he resided with his father, a tailor at that place, and never was in business on his own account. Part of the loan he handed to his brother, and retained the rest: Held, that he could

street, James Anderton, Esq., solicitor, of New Bridge-street.

LAW APPOINTMENTS.

Mr, Justice Erle, the Recorder of London, Sir F. Thesiger, and Sir Thomas Philips, have become four of the eight trustees of the Godolphin School at Hammersmith, which is to be opened in August, in accordance with a scheme sanctioned by the Court of Chancery.

The Queen has been pleased to direct letters patent to be passed under the great seal, granting the dignity of a Knight of the United Kingdom of Great Britain and Ireland, unto Valentine Fleming, Esq., Chief Justice of the Supreme Court of Tasmania. From the London Gazette of 4th July.

Mr. John Neve junior, solicitor, of Wolverhamp ton, has been appointed a notary public, with a general district faculty to practice in Wolverhamp ton, and within a circuit of ten miles thereof.

49,300

140,000

30,000

170,000

appeared that the bankrupt was never in business on his own account, but lived with his father, who was a tailor at the address he gave. He also described himself as a tailor in the bond, which was also given as a security for the advance.

By the 12 & 13 Vict. c. 106, s. 198, it is enacted that "forthwith, after the bankrupt shall have passed his last examination, the Court shall appoint a public sitting for the allowance of his certificate, &c.; and the Court, having regard to the conformity of the bankrupt to the law of bankruptcy, and to his conduct as a trader before as well as after his bankruptcy, and whether the allowance of such certificate be opposed by any creditor or not, shall judge of any objection against allowing such certificate, and either find the bankrupt entitled thereto, and allow the same, or refuse or suspend the allowance thereof, or annex such conditions thereto as the justice of the case may require." And by s. 256, that "if, at the sitting appointed for the last examination of any bankrupt, or at any adjournment thereof, it shall appear to the Court that the bankrupt has committed any of the offences hereinafter enumerated, the Court shall refuse to grant the bankrupt any further protection from arrest; and if at any sitting or adjourned sitting for the allowance of the certificate of any bankrupt, it shall appear that he has committed any of such offences, the Court shall refuse to grant such certificate, or shall suspend the same for such time as it shall think fit, and shall in like manner refuse to grant the bankrupt any further protection:" &c."If the bankrupt shall have contracted any of his debts by any manner of fraud, or by means of false pretences, have obtained the forbearance of any of his debts by any of his creditors."-" If the bankrupt shall, within six months next preceding the issuing of the fiat, or the filing of the petition for adjudication of bankruptcy, have put any of his creditors to any unnecessary expense by any vexatious and frivolous defence or delay to any suit for the recovery of any debt or demand provable under his bankruptcy, or shall be indebted in costs incurred in any action or suit so vexatiously brought or defended."

Sicanston and Hoare, in support; Erskine for the Insurance Company.

The Lords Justices (without calling on Bacon and Bagley, for the assignees, contra) said that a person carrying on the business of a tailor was within the bankrupt law, and that the appellant, having represented himself to be such, and having obtained the advance in question on the faith of such representation, could not now be allowed to state he was not such, in order to protect himself from the consequences of the transaction. The appeal would, therefore, be dismissed, with costs.

Vice-Chancellor Kindersley.
Lacon v. Allen. July 3, 1856.
EQUITABLE MORTGAGE-DEPOSIT OF PORTION OF
TITLE DEEDS LIEN ON ESTATE.

Held, that a deposit of a portion of title deeds
relating to an estate to secure an advance operates
as an equitable mortgage, and gives a lien on such
estate, except in so far as it is subject to any pre-
rious advance on the security of the other title
deeds.

It appeared that a Mr. William Colk (who had since become a bankrupt) had deposited certain title deeds relating to property at North Walsham, with the plaintiffs, Messrs. Lacon and Co., bankers, of Yarmouth, to secure an advance. Some of the title

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deeds relating to the same property were in the possession of mortgagees, against whom the plaintiff's filed this bill to redeem.

Baily and T. C. Wright for the plaintiffs; Swanston and Giffard for the assignees of the mortgagor; Baggallay for the mortgagees.

The Vice-Chancellor said that it was well settled that if A owed B money, and deposited the title deeds of his estate, it constituted an equitable mortgage, without any writing, notwithstanding the Statute of Frauds (29 Car. 2, c. 3), and gave a lien on the property. This doctrine had been acted on by Lord Eldon, and ever since. The question, however, in the present case, was whether a deposit of part of the title deeds constituted a good equitable mortgage? Suppose the owner of an estate had lost an important deed, perhaps the conveyance to himself, could not be said that the deposit of all the rest was not sufficient. It was clear in the present case that the reason the mortgagor could not deposit the whole of the deeds was that they were in the possession of his mortgagees, subject to which alone the plaintiffs were entitled to redeem.

An order made on a plaintiff to give security for costs had not been complied with, and the appeal against such order had not been proceeded with with due diligence. The plaintiff added another defendant, from whom answers to the interrogatories were sought: Held, that the plaintiff was not entitled to have the time enlarged for filing the replication, and a motion for that purpose was refused with costs, but without prejudice to enlarging the time for cross-examination.

This was a motion on behalf of the plaintiff to enlarge the time for filing the replication in this suit, on the ground that another defendant had been made a party, from whom answers to the interrogatories which had been filed were sought. It appeared that an order had been made on June 7 last on the plaintiff to give security for costs (reported ante p. 167), and that notice of appeal therefrom to the Lord Justice was given on June 23, but that the case had not yet come on for hearing.

trâ.

Rolt and C. Locock Webb in support; Toller con

The Vice-Chancellor said that the suit was one of the most hostile character, and that the plaintiff had

absconded from his residence. An order directing him to give security for costs could not be enforced, and although he had appealed from that order he had not duly prosecuted the appeal. No further indulgence could therefore be granted, and the application would be refused with costs, but without prejudice to any question as to enlarging the time for crossexamining.

Court of Queen's Bench.

Coshill v. Wright. April 28, July 3, 1856.

INN KEEPER. LOSS OF GUEST'S GOODS.

NEGLIGENCE. QUESTION FOR JURY.

GROSS

It appeared that a guest at the defendant's inn had lost certain articles from his bedroom, of which he had left the door open. On the trial of an action to recover their amount, Held, that the presiding judge should have directed the jury as to the meaning of the words ". gross negligence," in which case he directed them the defendant was not liable.

Held, that such words meant an absence of such ordinary care as a prudent man would have taken, or might be reasonably expected to take, of his own goods.

THIS was a rule nisi to set aside the verdict for the plaintiff and for a new trial of this action, which was brought in the Manchester Borough Court to recover the value of a watch and ring which had been stolen from the plaintiff whilst at an inn kept by the defendant. It appeared that the plaintiff had gone to the inn at a late hour in the evening and that when he went to bed he had placed the articles in question on the dressing table, leaving the door of his bedroom open, and that they were afterwards discovered to have been stolen by a man who had been subsequently convicted of the robbery. The recorder of the borough court directed the jury that, in order to exempt the defendent from liability, it was necessary to shew gross negligence on the part of the plaintiff. This rule had been obtained on the ground that the recorder should have also directed the jury as to what constituted gross negligence.

Wheeler and Kay shewed cause against the rule, which was supported by H. Hill. Cur. ad. vult.

The Court said the questions raised by the plaintiff' were, first, that the recorder should have directed the jury that he had not been guilty of negligence, and then as to what they were to understand by the words" gross negligence." But the Court could not say there was not some evidence of negligence on the plaintiff's part, on which the Recorder should have taken the opinion of the jury. He should, however, have given the jury information as to what they were to understand by the words " gross negligence." Their meaning was an absence of such ordinary care as a prudent man would have taken, or might be reasonably expected to take, of his own goods. The rule would be made absolute for a new trial.

Queen's Bench Practice Court.
(Coram Wightman, J.)

Loveless v. Richardson. June 12, 1856.

COMMON

LAW PROCEDURE ACT, 1852.-REVIVOR OF JUDGMENT MORE THAN TWENTY YEARS OLD. -AFFIDAVIT.-STATUTE OF LIMITATIONS.

Held, that an affidavit in support of a rule nisi under the 15 & 16 Vict. c. 76, s. 134, to revive a judgment obtained more than twenty years since, should state that the exceptions of the statute of limitations, 3 & 4 W. 4, c. 27, s. 40, preventing the operation of the statute, had taken place. THIS was a rule nisi, under the 15 & 16 Vict. c. 76,

s. 134, on the executors of the defendant in this action, who died in 1822, to revive the judgment obtained therein against their testator, in Trinity Term, 1820.

Gates shewed cause on the ground that the affidavit in support omitted to allege any payment of a part of the principal money, or of interest, or that there was some acknowledgment in writing. He referred to the 3 & 4 W. 4, c. 27, s. 40, which enacts that "after the said 31st December, 1833, no action or suit or other proceedings shall be brought, to recover any sum of money secured by any mortgage, judgment, or lien, or otherwise charged upon, or payable out of, any land or rent, at law or in equity, or any legacy, but within twenty years next after a present right to receive the same, shall have accrued to some person capable of giving a discharge for, or release of, the same, unless in the meantime some part of the principal money, or some interest thereon, shall have been paid, or some acknowledgement of the right thereto shall have been given in writing, signed by the person by whom the same shall be payable or his agent, to the person entitled thereto or his agent; and in such case no such action, or suit, or proceedings shall be brought but within twenty years after such payment or acknowledgment, or the last of such payment or acknowledgment, if more than one was given."

G. Francis in support.

This was a rule nisi to rescind an order of Crowder, J., under the 17 & 18 Vic., c. 125, s. 61-3, attaching a debt due to the defendant from a Mr. Fountain. It appeared that the defendant had in April last executed an assignment for the benefit of his creditors, and that two days afterwards the present plaintiff had obtained judgment against him, upon which the order absolute now sought to be discharged was obtained.

Brewer shewed cause; Unthank in support.

The Court said that a judgment creditor was entitled to obtain an ex parte order attaching all debts due to his debtor, which order bound the same, after satisfying all equitable claims. Here on the garnishee being examined, and disputing his liability to pay the debt, on the ground he was bound in equity to pay the assignee, it was open, if this were denied to the judgment creditor to have obtained a scire facias on him to show cause why he should not pay, to which the plea of the assignment would have been good. The rule would therefore be made absolute to set aside the order absolute.

* Which enacts that a "writ of revivor to revive a judgment less than ten years old, shall be allowed without any rule or order; if more than ten years old, not without a rule of Court or a judge's order; nor, if more than fifteen, without a rule to shew cause."