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Remarkable Trials.—Selections from Correspondence.

and loose with the Criminal Law in such a way, first inflicting the penalty of 14 years' transportation on certain offenders and then allowing those offenders to acquit themselves from all punishment? Was that proceeding of the defendants before the Court of Bankruptcy a bona fide examination, or any disposition to settle some disputed point which the Court required to be satisfied on. There was a rule of law well known in reference to transactions of this description; and he would ask the jury whether it was their opinion that this was a real and bona fide proceeding in bankruptcy, or whether it was not a got up proceeding and sham-a farce prepared to be played in open Court? He should ask them that question, not that their opinion would ultimately determine the point, but lest, in event of its being hereafter discussed, some one should say that he ought to have left it to the jury. It was on that account he wished for their opinion on the point, though he and his learned brothers near him entirely agreed in not entertaining any serious doubt at all on the question. It was now for the jury to take the case into their consideration, and if they believed that the defendants Mr. Strahan, and Mr. Bates were in complicity with Sir J. Paul in doing the act charged, and that it could not have been done without their knowledge and concurrence, they must find all the accused guilty; but, if they deemed the evidence too doubtful to enable them to draw that conclusion, they would, of course, give the accused the benefit of the doubt. If they thought that there was any difference in the cases of the defendants they would, of course, mark by their verdict the distinction. He desired nothing more than that they should come to a just, sound, and candid decision.

The jury deliberated together for a few minutes in their box, and then retired to consider their verdict. After an absence of about 20 minutes they returned and pronounced a verdict of Guilty against all the defendants.

Mr. Baron Alderson inquired their opinion of the "disclosure" before the Court of Bankruptcy.

The Foreman replied that the opinion of the jury was that it was no disclosure within the meaning of the Act.

Mr. Baron Alderson.-You look on it, then, as a sham affair?

The Foreman stated that the jury did not consider it a bona fide disclosure.

Mr. Baron Alderson intimated his entire concurrence with the jury in this opinion.

A verdict of Guilty was then taken on the first and third counts, and of Not Guilty on the others.

Mr. Baron Alderson, after a short pause, proceeded to pronounce the judgment of the Court upon the prisoners in the following terms:-William Strahan, Sir John Dean Paul, and Robert Makin Bates, the jury have now found you guilty of the offence charged upon you in this indictment-the offence of disposing of securities which were intrusted by your

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customers to you as bankers, for the purpose of being kept safe for their use, and which you appropriated, under circumstances of temptation, to your own. A greater and more sericus offence can hardly be imagined in a great commercial city like this. It tends to shake confidence in all persons in the position you occupied, and it has shaken the public confidence in establishments like that you for a long period honourably conducted. I do very, very much regret, that it falls to my lot to pass any sentence on persons in your situation; but yet the public interests and the public justice require it; and it is not for me to shrink from the discharge of any duty, however painful, which properly belongs to my office. I should have been very glad if it had pleased God that some one else had to discharge that duty. I have seen (continued the learned Judge, with deep emotion) at least one of you under very different circumstances, sitting at my side in high office, instead of being where you now are, and I could scarcely then have fancied to myself that it would ever come to me to pass sentence on you. But so it is, and this is a proof, therefore, that we all ought to pray not to be led into temptation. You have been well educated, and held a high position in life, and the punishment which must fall on you will consequently be the more seriously and severely felt by you, and will also greatly affect those connected with you, who will most sensitively feel the disgrace of your position. All that I have to say is, that I cannot conceive any worse case of the sort arising under the Act of Parliament applicable to your offence. Therefore, as I cannot conceive any worse case under the Act, I can do nothing else but impose the sentence therein provided for the worst casenamely, the most severe punishment, which is, that you be severally transported for 14 years."

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SELECTIONS FROM CORRE-
SPONDENCE.

ADMISSION TO THE LAW SOCIETY LEC-
TURES OF CLERKS NOT ARTICLED.

To the Editor of the Legal Observer.
SIR,-Will you kindly find a small space in
your Journal for the complaints of a poor
guppy," who has the goodwill to do well
and not grumble over much in the situa-
tion in which it has pleased, &c., to place
him. So actuated, he learned that law lectures
were delivered at the Law Institution, and he
hoped by attention to business and frugality to
be enabled to attend them; but alas for such
presumptuous hopes!-he found, on referring
to the programme of the lectures, that although
being a managing clerk of one of the members
of the Institution, he came under the category
of strangers; and such being the case he
would be called upon to pay double fees,--ar-
ticled clerks of members only paying one-half
of the fees in which poor
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Is this, sir, one of the modes by which the Profession seek to improve the efficiency of their clerks? or is the improvement of the species of personal chattel denominated "clerk" of no moment? Possibly, their vulgarity betwixt the wind and the nobility of the law is not to be endured!-and so they have set -what they know full well but too often succeeds, viz,-the golden bar against it.

I may, sir, be speaking hastily, and be drawing my conclusion from false premises, when I say that I am afraid there must be deliberation in the arrangement; but my excuse lies in the fact that such a conclusion is allowed to be drawn.

These are times when the intelligence and efficiency of a clerk are of some little importance to his employer, and depend upon it he does the most wisely who markets with intelligence, and fosters and encourages its growth in the humblest.

Why should not the Law Institution at least put managing clerks of members, who could produce a certificate from their employers that they were fit and proper persons to be allowed to attend the Lectures and Library upon the same footing of payment as articled clerks of members?-I pause for a reply.

B. A. T.

[The Council have no authority under the charter to admit any person to the Library except members and their articled clerks, or clerks who have served under articles and are in the office of members. Having expended nearly 100,000l. in the land, buildings, library, &c., the members, on the grant of the last charter, stipulated for this exclusive right. This restriction does not expressly extend to the Lectures in the Hall; but the Council have deemed it proper to make a distinction between articled clerks and others. The argument of our Correspondent will, no doubt, be duly considered.-ED. L. O.]

PRIVATE ACTS.

Printed by the Queen's Printer, and whereof
the Printed Copies may be given in Evidence.
1. An act for enabling Leases to be made
of the Freehold Estates of the late Matthew
Hill Esquire, and for other purposes.

4. An act for enabling Leases, Sales, Repairs, and Improvements to be made of the Estates of James Walthall Hammond Esquire, deceased, and for other purposes, the short Title of which is "Hammond's Estate Act, 1855."

5. An act to authorise Conveyances in Fee or Demises for long Terms of Years, under reserved Rents, of certain Parts of Estates, settled by the Will of the late Joseph Livesey Esquire deceased.

6. An act to enable George William Holmes Ross, of Cromarty, Esquire, to relieve the Estate of Cromarty from Burdens affecting the same, to charge the said Estate with certain Family Provisions and with certain Sums of Money expended in Improvements thereon.

7. An act for authorising Mining and other Leases and Sales and Exchanges to be made of the Lands devised by the Will of George Bray deceased; and for other purposes.

8. An act for authorising the granting of Building Leases of certain Parts of the Estates subject to the Residuary Devise in the Will of John Jenkins, late of Saltley Hall in the County of Warwick, Esquire, and for appointing new Trustees of the said Will; and for other purposes.

9. An act for enabling the Right Honourable William Nevill, Earl of Abergavenny, to grant Leases of entailed Mines, Minerals, Lands, and Hereditaments in the County of Monmouth.

10. An act to enable the President and Scholars of Saint John Baptist College in the University of Oxford to grant Building Giles, Saint Thomas, and Woolvercot, Oxford; and for other purposes.

Leases of their Lands in the Parishes of Saint

11. An act for vesting in the Commissioners of the Metropolis Turnpike Roads North of the Thames the Lands in Islington devised by the Will of Edward Harvist to the Brewers' Company, upon trust for the Repair of the Highway from Tyburn to Edgeworth; and for discharging the Company from the Trusts of that Will; and for enabling the Commissioners to grant Building Leases of those Lands; and for other

purposes.

12. An act to empower the Warden and Scholars of the House and College of Scholars of Merton in the University of Oxford to sell certain Lands situate in the Parish of Holywell otherwise Saint Cross in the City of Oxford, and to lay out the Moneys to arise from such Sale in the Purchase of other Hereditaments.

13. An act for giving Effect to a Compromise of certain Suits and Claims affecting the Estates 2. An act to enable the Trustees under the of Josephine Catherine Handcock, Anne Mary Settlement executed on the Marriage of Philip Handcock, and Honoria Handcock, Spinsters, Rideout Hoffe to effect a Sale to Sir Richard deceased, and for vesting the said Estates in Plumptre Glyn, Baronet, of certain Heredita-John Stratford Handcock Esquire, subject to ments situate at Twyford in the Parish of certain charges; and for other purposes. Compton Abbas and County of Dorset, and 14. An act to authorise the granting of for other purposes; and of which the Short Title is "Hoffe's Estate Act, 1855."

3. An act for authorising the granting of Mining Leases of Estates subject to the Uses of the Will of Robert Bell Livesey Esquire, deceased, and for other purposes.

Building and other Leases of Estates in the
Counties of Louth and Armagh, devised by
the Will of the Right Honourable William
Charles Viscount Clermont deceased, and the
Sale and Exchange of certain Portions of the
Estate so devised; and for other purposes.

Private Acts.-Notes of the Week.

15. An act for the future Government, Management, and Regulation of the Charity of John Marshall, late of Southwark in the County of Surrey, Gentleman, deceased; and for other

purposes.

16. An act for vesting the Freehold and Leasehold Estates comprised in the residuary Gifts of the Will of Joseph Halford, Esquire, deceased, in Trustees, with Powers to sell, exchange, and lease the same, and to purchase other Lands, to be resettled conformably to such residuary Gifts.

HER MAJESTY'S JUDGES IN THE RURAL
DISTRICTS.

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Agricultural Association was recently celeThe Anniversary of the Broadhembury enhanced by the presence of Mr. Baron Alderbrated, and the interest of the proceedings was relative, Mr. Drewe, of the Grange), and Sir son (who was spending the Vacation with his John Patteson, who resides in the locality. The learned baron had the toast of "The Judges of Ploughing" confided to him, and he proposed it in a facetious speech, in the course of which he alluded to a portly agriculturist named Pyle, who was one of the judges, and said that that 17. An act to relieve Sir James Carnegie of worthy gentleman had a particular claim on Southesk, Kinnaird, and Pittarrow, Baronet, him, inasmuch as he had told him (the learned from the Effect of the Attainder of Jaines Fifth baron) that he had become "a judge of the Earl of Southesk and Baron Carnegie of Kin-laud" 25 years ago at the saine time that Mr. naird and Leuchars in Scotland Baron Alderson had commenced his judicial

PRIVATE ACTS, NOT PRINTED.

18. An act to dissolve the Marriage of Henry duties. Farmer Pyle, in respoading, rejoiced Newsham Pedder with Emma Pedder his now at the fraternising spirit of the learned baron, Wife, and to enable him to marry again;' and; but said there was a difference between the for other purposes. two, "and that difference," exclaimed the

19. An act to dissolve the Marriage of Wil- sturdy farmer, slapping his breeches pocket, “is liam Ewing the younger with Helen Mary Ew-here." This amusing retort excited considering his now Wife, and to enable him to marry able laughter. From the Morning Chronicle. again; and for other purposes.

20. An act to dissolve the Marriage of Arthur Wyndham, Esquire, with Ann Magdalene Louisa Wyndham his now Wife, and to enable him to marry again; and for other pur

poses.

LEGAL COSTUME IN TASMANIA.

The Colonial Times a Tasinanian paper, states, the Supreme Court of that colony, the Chief a short time since, after the sittings in banco in Justice took the opportunity, so many legal gentlemen being present, to express their Their honours decided that the counsel should honours' opinion upon the costume of the Bar.

21. An act to dissolve the Marriage of James Remington Hudow, Merchant, with Jane Menzies his now Wife, and to enable him to marry again; and for other purposes. 22. An act to dissolve the Marriage of Ed-adopt the costume of the English Bar, and of ward Jones with Elizabeth Jones his now Wife, and to enable him to marry again; and for other purposes.

23. An act to dissolve the Marriage of Morton Cornish Sumner, Esquire, with Penelope Rubina Maria his now Wife, and to enable the said Morton Cornish Sumner to marry again; and for other purposes therein-mentioned.

NOTES OF THE WEEK.

the sister colonies. It was sufficient to observe that in England, perhaps the most civilised and enlightened country in the world, the costume of the Bar was presumed to add to the dignity of the Court. There was nothing in the climate here to render it unfit for this colony, and it should not be adopted. As the ancient cosno reasons seemed to present themselves why tume had so long fallen into desuetude, their honours allowed counsel until the first Term next year to procure the robes, &c., they required; after which time no motion would be

REDUCTION OF THE EXPENSES OF PROSE- allowed to be made by counsel appearing in

CUTIONS.

other than the recognised costume of the Bar.

LAW APPOINTMENTS.

OUR curiosity (says the Taunton Courier) was a little excited by observing sundry long faces in the passages leading to the Sessions Court, and on inquiry we ascertained that it tention to resign the office of Chief Justice of Sir Lawrence Peel having intimated his inwas occasioned by the presence of Mr. Preston, the Supreme Court of Judicature at Calcutta, an official from the Treasury, who has been Sir James Colville has been raised to that office, deputed to visit all Courts of Quarter Sessions and Sir Charles Jackson has been promoted in the West of England, for the purpose of from Bombay to Calcutta as Puisne Judge. cutting down the expenses of prosecutions. Some of the attorneys and the more practised C. Jackson, has been offered to Sir William The seat on the Bombay Bench vacated by Sir witnesses are rather opposed to such interference; nevertheless the £ s. d. man from head-Jeffcott, who now holds the office of Recorder quarters stuck steadily to his work in the in- of the Irish Bar, has been appointed to the seof Singapore; and Richard MacCausland, Esq., dictment office, and during the sessions he cond Recordership, recently created in the appeared to be doing a tolerable amount of Eastern Settlements, namely, that of Prince of business. Wales Island.

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Notes of the Week.-Analytical Digest of Cases.

The Queen has been pleased to appoint W. | Trinity Term, and that the new business by no H. Pinder, Esq., to be a Police Magistrate for means promises to compensate for the dethe District of Abaco, in the Bahamas.-From ficiency. the London Gazette of 26th Oct.

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Privy Council Appeals.

APPEAL.

1. Lies where error on face of record.-An appeal lies to this Court, as a Court of Error, if there be error on the face of the record, such as might be avoided in arrest of judgment in the Court below. Tronson v. Dent, 8 Moore, P. C. 420.

of the ship resident in Sweden, who being without funds, consented to the master taking up a bottomry bond for payment of the necessary repairs, and the British consul at the port where the vessel lay, wrote on behalf of the master and as his agent, to the consignees at Hull, informing them of the damage sustained by the vessel, but made no application for money nor referred to the necessity of repairs. No answer was made to this letter, and the master in the month of March, 1849, hypothecated the ship, freight, and cargo for the 2. Practice, where fatal objection to right of money borrowed for the repairs: Held (affirm-Where there is a fatal objection to the right ing the judgment of the Admiralty Court), of appeal, the respondent ought to apply to that such letter to the consignees was a suffiquash the appeal, and not to wait till the hear-cient notice to authorise the master raising ing to urge such objection to its competency. Tronson v. Dent, 8 Moore, P. C. 420. And see Hong Kong; Settled Accounts.

Case cited in the judgment: Wright v. Goddard,

8 Ad. & E. 144.

BILL OF EXCHANGE.

See Debtor and Creditor.

BOTTOMRY BOND.

Notice to owners of cargo.-What sufficient. -Bottomry bond upon the ship, freight, and cargo; taken up by the master of a small Swedish vessel at a port in Sweden. Part of the cargo was consigned to England: Held, that considering the distance between Sweden and England, and the means of communication, it was essential to the validity of the bond, so far as the cargo was concerned, that the master should communicate with the owners of the cargo before resorting to hypothecation of the cargo, as he could have obtained an answer within a period not inconvenient with the expediency of the circumstances of the case.

A Swedish vessel bound for a port in Sweden to Hull, was driven by stress of weather to put back into another port in Sweden. This took place on the 21st of November, 1848. Ten days afterwards the cargo was unladen, and the ship found to be greatly damaged. The repairs were completed and the cargo reloaded. The master at once communicated with the owners

money by bottomry on the cargo. Wilkinson v. Wilson, 8 Moore, P. C. 459.

CARGO.

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Analytical Digest of Cases: Privy Council Appeals.

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appeal against the verdict of a jury, and that the proper course would have been to have moved the Court below for a new trial, and to have appealed against the judgment refusing such motion. Tronson v. Dent, 8 Moore, P. C. 419.

JUDGE.

on Messrs. R. I. & Co., London, the general | Court granted: Held, that as the English pracagents for both D. & Co. and M. & Co. The tice prevailed at Hong Kong, the allowance of coffee was received by D. & Co., in due course, such appeal was irregular, being in effect, an and a bill of exchange was drawn by M. & Co. R. I. & Co. received it, and credited the account of M. & Co. in their books with the amount of the bill, and debited the account of D. & Co. with a like sum. R. I. & Co. accepted the bill, but before it arrived at maturity they stopped payment, and the bill was protested for nonpayment. M. & Co. then brought an action in the Supreme Court of the Cape of Good Hope against D. & Co., for the price of the coffee shipped to their order. The Supreme Court were of opinion that M. & Co. having agreed to execute the order in the terms proposed by D. & Co., and accepted in satisfaction of their demands the credit which was to be opened in their favour by D. & Co. with R. I. & Co., such credit was to be considered as money paid by D. & Co., and placed to the immediate disposal of M. & Co.

Upon appeal, held by the Judicial Committee (reversing such judgment):

1st. That the effect of the arrangement between D. & Co. and M. & Co., to substitute a bill of exchange for cash payment was only to be considered as payment by the bill being honoured at maturity.

2nd. That the entry of the amount of the bill of exchange in R. I. & Co.'s, the joint agents' books, to the credit of M. & Co., and the debiting of D. & Co. with a like amount, was not a payment for the coffee, and that M. & Co. did not by such entry accept in satisfaction of their demand the credit opened by the purchasers with R. I. & Co.

Cause remitted to the Court below to calculate interest upon the debt according to the Dutch Roman Law in force in the colony. Maxwell v. Deare, 8 Moore, P. C. 363.

DEFENCE ORE TENUS.

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Suspension of Colonial.-Misconduct.-An order of suspension from the office of Recorder of the district of Natal, made by the Lieutenant Governor and Executive Council of that district, under the powers of the Ordinance, No. 14, of 1845, for alleged misconduct as a Judge, founded upon charges of having permitted an affidavit reflecting upon the personal character of the Lieutenant-Governor of the colony to be reformed, instead of rejecting it altogether, or treating it as a contempt of Court, and for allowing private feelings to interfere with the administration of justice, held to be unfounded and frivolous, and ordered to be rescinded.

The Judicial Committee, in reversing such order, advised the Crown that the salary attached to the appellant's office of recorder should be paid to him as if no order of suspension had been made. Cloete v. Reginam, 8 Moore, P. C. 484.

See Ship.

MASTER OF SHIP.

PRACTICE.

1. Where evidence insufficient. In a question of fact, the Judicial Committee not being satisfied with the sufficiency of the evidence, relaxed the inhibition, and remitted the cause to the Court below to take proof by further affidavits upon that one point exclusively, without requiring a fresh act on petition to be brought in. Wilkinson v. Wilson, 8 Moore, P. C. 460.

2. Particular Defence.-Plea.-Ore tenus. -Where a party intends to rely upon a particular circumstance as a defence, such ground should be pleaded, and not raised at the hearing, ore tenus. Wilkinson v. Wilson, 8 Moore, P. C. 460.

And see Appeal, 2; Hong Kong.

Opening.

SETTLED ACCOUNTS.

Costs where appeal delayed. Leave to appeal.-Principles which regulate a Court of Equity in opening stated and settled accounts.

Appeal from Judge of.-Practice.-By the ordinances constituting the Supreme Court at Hong Kong, it is enacted, that all matters relating to the practice and proceedings of that Court are to be the same as the Courts in England. The Supreme Court is composed of a single Judge, and there is no Court of Error or Appeal in the colony. An appeal to Eng- Accounts of long standing and great comland lies against any final decree, judgment, or plication of a mercantile firm at Calcutta, one sentence, or against any rule or order made in of the partners of whom afterwards acted as a civil suit or action, having the effect of a final agent in England, involving charges for agency and definitive sentence. In an action on pro- and partnership transactions, were mutually mises, the jury found a verdict for the respond- agreed to be investigated and closed. After ents. Before judgment was signed, the ap-long negotiations and discussions respecting pellant applied to the Court for leave to appeal some of the charges, an agreement was come from such verdict to England, which the Judge, to, the parties agreeing to strike the general bain the circumstances of the constitution of the lance at a given sum, reserving one item of the

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