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Remarkable Trials.—Selections from Correspondence.


and loose with the Criminal Law in such a way, | customers to you as bankers, for the purpose first inflicting the penalty of 14 years' trans- of being kept safe for their use, and which you portation on certain offenders and then allowing appropriated, under circumstances of temptathose offenders to acquit themselves from all tion, to your own. A greater and more sericus punishment? Was that proceeding of the offence can hardly be imagined in a great comdefendants before the Court of Bankruptcy a mercial city like this. It tends to shake confibona fide examination, or any disposition to dence in all persons in the position you occusettle some disputed point which the Court pied, and it has shaken the public confidence required to be satisfied on. There was a rule in establishments like that you for a long peof law well known in reference to transactions riod honourably conducted. I do very, very of this description; and he would ask the jury much regret, that it falls to my lot to pass any whether it was their opinion that this was a real sentence on persons in your situation; but yet and bond fide proceeding in bankruptcy, or the public interests and the public justice rewhether it was not a got up proceeding and quire it; and it is not for me to shrink from sham-a farce prepared to be played in open the discharge of any duty, however painful, Court? He should ask them that question, which properly belongs to my office. I should not that their opinion would ultimately deter- have been very glad if it had pleased God that mine the point, but lest, in event of its being some one else had to discharge that duty. I hereafter discussed, some one should say that have seen (continued the learned Judge, with he ought to have left it to the jury. It was on deep emotion) at least one of you under very that account he wished for their opinion on the different circumstances, sitting at my side in point, though he and his learned brothers near high office, instead of being where you now him entirely agreed in not entertaining any are, and I could scarcely then have fancied to serious doubt at all on the question. It was myself that it would ever come to me to pass now for the jury to take the case into their sentence on you. But so it is, and this is a consideration, and if they believed that the proof, therefore, that we all ought to pray not defendants Mr. Strahan, and Mr. Bates were in to be led into temptation. You have been well complicity with Sir J. Paul in doing the act educated, and held a high position in life, and charged, and that it could not have been done the punishment which must fall on you will without their knowledge and concurrence, they consequently be the more seriously and severely must find all the accused guilty; but, if they felt by you, and will also greatly affect those deemed the evidence too doubtful to enable connected with you, who will most sensitively them to draw that conclusion, they would, of feel the disgrace of your position. All that I course, give the accused the benefit of the have to say is, that I cannot conceive any worse doubt. If they thought that there was any case of the sort arising under the Act of Pardifference in the cases of the defendants they liament applicable to your offence. Therefore, would, of course, mark by their verdict the as I cannot conceive any worse case under the distinction. He desired nothing more than Act, I can do nothing else but impose the senthat they should come to a just, sound, and tence therein provided for the worst casecandid decision. namely, the most severe punishment, which is, that you be severally transported for 14 years."

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




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 "guppy "would be


Correspondence.-Private Acts.

4. An act for enabling Leases, Sales, Repairs, Is this, sir, one of the modes by which the Profession seek to improve the efficiency of and Improvements to be made of the Estates their clerks? or is the improvement of the of James Walthall Hammond Esquire, despecies of personal chattel denominated "clerk" ceased, and for other purposes, the short Title of no moment? Possibly, their vulgarity be- of which is "Hammond's Estate Act, 1855." twixt the wind and the nobility of the law is 5. An act to authorise Conveyances in Fee not to be endured!—and so they have set or Demises for long Terms of Years, under -what they know full well but too often suc-reserved Rents, of certain Parts of Estates, settled by the Will of the late Joseph Livesey ceeds, viz,-the golden bar against it. Esquire deceased.

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


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.]


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.

2. An act to enable the Trustees under the Settlement executed on the Marriage of Philip Rideout Hoffe to effect a Sale to Sir Richard Plumptre Glyn, Baronet, of certain Hereditaments situate at Twyford in the Parish of Compton Abbas and County of Dorset, and 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.

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 Leases of their Lands in the Parishes of Saint Giles, Saint Thomas, and Woolvercot, Oxford; and for other purposes.

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


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 of Josephine Catherine Handcock, Anne Mary Handcock, and Honoria Handcock, Spinsters, deceased, and for vesting the said Estates in John Stratford Handcock Esquire, subject to certain charges; and for other purposes.

14. An act to authorise the granting of 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


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.




Agricultural Association was recently celeThe Anniversary of the Broadhembury enhanced by the presence of Mr. Baron Alderbrated, and the interest of the proceedings was son (who was spending the Vacation with his relative, Mr. Drewe, of the Grange), and Sir 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, worthy gentleman had a particular claim on who was one of the judges, and said that that him, inasmuch as he had told him (the learned baron) that he had become "a judge of the land" 25 years ago at the same time that Mr. duties. Farmer Pyle, in respoading, rejoiced Baron Alderson had commenced his judicial at the fraternising spirit of the learned baron, but said there was a difference between the 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.

17. An act to relieve Sir James Carnegie of Southesk, Kinnaird, and Pittarrow, Baronet, from the Effect of the Attainder of James Fifth Earl of Southesk and Baron Carnegie of Kinnaird and Leuchars in Scotland

18. An act to dissolve the Marriage of Henry Newsham Pedder with Emma Pedder his now Wife, and to enable him to marry 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


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 Edward 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.



The Colonial Times a Tasmanian 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 honours' opinion upon the costume of the Bar. Their honours decided that the counsel should

adopt the costume of the English Bar, and of 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 no reasons seemed to present themselves why it should not be adopted. As the ancient costume 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


other than the recognised costume of the Bar.


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, an official from the Treasury, who has been the Supreme Court of Judicature at Calcutta, deputed to visit all Courts of Quarter Sessions Sir James Colville has been raised to that office, in the West of England, for the purpose of and Sir Charles Jackson has been promoted cutting down the expenses of prosecutions. from Bombay to Calcutta as Puisne Judge. 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 indictment office, and during the sessions he appeared to be doing a tolerable amount of business.

of the Irish Bar, has been appointed to the seof Singapore; and Richard MacCausland, Esq., cond Recordership, recently created in the Eastern Settlements, namely, that of Prince of

Wales Island.

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Privy Council Appeals.


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.

Case cited in the judgment: Wright v. Goddard,

8 Ad. & E. 144.

And see Hong Kong; Settled Accounts.


See Debtor and Creditor.


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

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has such a right of property in the goods consigned to him as to maintain an action of assumpsit against the shipowner for nondelivery of the goods. Tronson v. Dent, 8 Moore, P. C. 419.

Notice to owners of cargo.-What sufficient. -Bottomry bond upon the ship, freight, and Action of assumpsit against shipowner on cargo; taken up by the master of a small Swe-non-delivery of goods.-A consignee of goods dish 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

Cases cited in the judgment: Moore v. Wilson, 1 T. R. 659; Fragano v. Long, 4 B. & Cr. 219; Coleman v. Lambert, 5 M. & W. 502.


See Settled Accounts.


Bill of exchange.-What a sufficient satisfaction of debt.-D. & Co., merchants at the Cape of Good Hope, by a letter to M. & Co., merchants at Rio de Janeiro, ordered a quantity of coffee to be shipped and sent to them at the Cape of Good Hope, which D. & Co. proposed to pay for by a bill drawn by M. & Co.

Analytical Digest of Cases: Privy Council Appeals.



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. appeal against the verdict of a jury, and that R. I. & Co. received it, and credited the ac- the proper course would have been to have count of M. & Co. in their books with the moved the Court below for a new trial, and amount of the bill, and debited the account of to have appealed against the judgment refusD. & Co. with a like sum. R. I. & Co. ac-ing such motion. Tronson v. Dent, 8 Moore, cepted the bill, but before it arrived at maturity P. C. 419. 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.


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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 England lies against any final decree, judgment, or sentence, or against any rule or order made in a civil suit or action, having the effect of a final and definitive sentence. In an action on promises, the jury found a verdict for the respondents. Before judgment was signed, the appellant applied to the Court for leave to appeal from such verdict to England, which the Judge, in the circumstances of the constitution of the

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.



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.

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

Accounts of long standing and great complication of a mercantile firm at Calcutta, one of the partners of whom afterwards acted as agent in England, involving charges for agency and partnership transactions, were mutually agreed to be investigated and closed. After long negotiations and discussions respecting some of the charges, an agreement was come to, the parties agreeing to strike the general balance at a given sum, reserving one item of the

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