Manchester Law Association.—Middlesex Quarter Sessions.

association, with a view to raising the Profession to which they all belonged, and were so deeply interested in. He considered law societies most important organisations for advancing the Legal Profession, and in that way advancing the interests of society, which was a still higher object; and he would, therefore, propose the toast, "Success to the Manchester Law Association."

Mr. Rushton, Vice-President, said he was happy to inform the meeting that the association was stronger in its finances and the number of its members, than it had ever been known before; and he was sure he was stating that which would not only be gratifying to every member of the association, but to the public at large, for it was to associations like it that they had alone to look for the legal improvements and reforms which were from time to time accomplished. He warmly acknowledged the advantages the association had derived from the kindly feeling that was manifested towards it by their distinguished chairman.

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The toast was responded to by Mr. Street, one of the first proposers of the combination of associations, who stated that the next aggregate meeting of the association would be held in Manchester in the month of October.

"The Liverpool Law Association was proposd by Mr. Baker, and acknowledged by Mr. Edward Banner, the President.

Mr. Thorley gave "The Lord Chancellor and the Judges;" and Mr. F. Robinson "The President, Treasurer, Secretary, and officers for the past year," which was acknowledged by Mr. Radford, the Chairman of the Com mittee.

The health of the President was proposed, in very eulogistic terms, by the Mayor of Manchester, and seconded by the Mayor of Salford, after which the "Lancashire Witches" and "The Strangers" concluded the series of toasts.

MIDDLESEX QUARTER SESSIONS.

THE LATE MR. SERJEANT ADAMS.

AT the sittings of the Court for the January Quarter Sessions of the peace for the county of

The Chairman then gave the health of the Mayor of Manchester, remarking that he did not wonder a community like Manchester-Middlesex. greater even than Rome in her palmiest daysshould have chosen him as its chief magistrate, for he had fulfilled in a remarkable degree the condition that he should be a man of honourable distinction, by having been the founder of a business establishment which, if they sought the world over, they would not find its equal. But it was not only on account of those qualifications, but because of his public worth, he was selected for the functions he had exercised with so much dignity.

The Mayor said, he was much indebted to the kindly feeling which had been shown to wards him by his fellow-townsmen, and which he hoped to retain to the end of his year of office. He hoped the subjects which had been brought forward by the Chairman would not be lost sight of, and he assured them that he should, in consequence of the views he had there heard propounded, feel a greater interest in the association than he had ever before entertained.

Mr. Payne said,-As the senior member of the Bar attending this Court, I cannnot allow this, the first opportunity, to pass without expressing in a very few words the deep regret which I feel, in common with those around me, at the loss which we have all sustained in the death of Mr. Serjeant Adams. In the course of the 30 years during which I have practised in this place I remember but four presiding justices, Mr. Const, Mr. Marriott, Mr. Rotch, and Mr. Serjeant Adams, and I think I may say that, "taking him for all in all," the latter may successfully vie with any of his predecessors. A clear head, a kind heart, and a good general knowledge of the law, with a quick perception in the application of it, may be considered as the characteristics of our departed friend, and although an impatience of manner and a little hastiness of expression sometimes led to disagreements, yet they were very soon over, and I am satisfied that our mutual esteem continued unbroken to the last. Indeed, to use the language of his own favourite author, though I am not able to affirm that he "nothing extenuated," yet I can declare most truly that "he set nought down in malice," for a man of a more forgiving disposition I think I never met with. Having been associated with him in ragged school

The health of the Mayor of Salford, Stephen Heelis, Esq., was next given, and acknowledged by that gentleman; who, as a member of the profession as well as the chief magistrate of Salford, expressed his hearty concurrence in the remarks that had fallen from the Chairman, and said that he would yield to none, whether Liberal or Tory, in his desire for a thorough and reformatory matters, I can say that he legal reform.

Mr. Beevir then gave "The Metropolitan and Provincial Law Association," an organisation by which the scattered elements of strength had been collected into a body endowed with the wisdom of many, but acting with the objects of one.'

It does not appear that any mention was made of the services rendered by the Incorporated Law Society, during now nearly 30 years.-ED. L. O.

was always ready to help both with purse and person those important and nationally beneficial movements. When I had the honour, a short time ago, of expressing the condolence of the Bar on the death of his late gallant nephew, who met his death in the wars of his country, little did I think that I should so soon have to be speaking of him, and not to him, on an equally melancholy event. I say no more of the deceased; and with respect to his successor, I will only observe that I trust

366

Middlesex Quarter Sessions.-Attorneys to be Admitted.

we shall be able to say, not in our own words, but in the peculiar language of the great Lord Bacon, "Our sun has gone down, and yet no night has followed."

The Assistant Judge said, he quite concurred in what had been said by the learned counsel, for he himself having practised in the Court, not in criminal, but in appeal matters,

had had an opportunity of knowing the great merits and legal qualifications of his late friend, and during the whole of his experience an angry word never passed between them. In succeeding him as Assistant Judge he should rely on the assistance, ability, and experience of the gentlemen of the Bar, and he hoped there would be confidence on each side.

Warter, Henry De Grey, 1, Carey-street, Lin. R. Curling, Frederick-place; H. D. Warter, Careycoln's-inn-fields

368

Attorneys to be Admitted.-Marriage with à deceased Wife's Sister.

Clerks Names and Residences. -Wheeler, Robert, 15, Harpur-street, Red-lionsquare; Devonshire-street; and Cheltenham. Whyley, Mark, 1, Frederick-st., Gray's-inn-road; and Cambridge

Williams, Robert, 27, Myddelton-square,

well

Clerken

Wilmot, Francis Stewart, 16, Percy-circus, Pentonville; Raymond-buildings; and Chippen

To whom Articled, Assigned, &c.

J. Boodle, Cheltenham; T. W. Chandler, Cheltenham; G. Ridge, Cheltenham

C. Francis, Cambridge

T. Rogers, Fenchurch-street

Re-admission last Day of Easter Term.

Rising, Robert, 25, Regent-road, Great Yarmouth; and West Somerton.
Garbett, Edmund, Dawley, Salop; 16, Walbrook; 2, Clifton Terrace, West Brompton.

MARRIAGE WITH A DECEASED

WIFE'S SISTER IN 1705.

EXCERPT from a MS. volume of Criminal Decisions, from 23rd August, 1685, to 23rd January, 1716. The volume belonged to, and has on it the name and armorial bearings of, Charles Areskine, of Alva, Esq., formerly Lord Justice-Clerk.

sister is equally prohibite and punishable by death, being in the like degree of affinity, and so hath been constantly observed in this kingdom since the said Act of Parliament, which was correctory in the beginning of our Reformation of two abuses-one, of the canonists in the Popish Church, who extended the prohibite degrees of marriage beyond the degrees mentioned in the Word of God, in order to extend their power of granting dispensations; the se"James Drysdale, Indyted for Incest, found-cond for correcting the laxness of casuists, ed on the Law of God and Ja. 6 par. cap. 14: derived from the Civil Law and heathen cusIn so far he did cohabit with Barbara Tanna- toms, who, though they condemned persons in hill, sister to . . . Tannahill, his deceased affinity to cohabit, which were judged to be in wife, and in consequence thereof she is at pre-place of parents and children, yet, in the colsent with child; concluding with the pains of

Death.

"Barbara Tannahill, Indyted for the said Crime upon the said Medium.

latteral line, they took greater liberty, judging of times that marriage being dissolved by death, the affinity and consequences thereof ceased; and accordingly in the 1649, a table of prohibite degrees was made out, as appears from the rescinded Acts, which clears both our law and practice, for Jean Knox was hanged for committing incest with her husband's brother, May, 1646.

"It was pled for James Drysdale, that the pannell being a single man and unmarried, the fact lybelled, suppose it was true, should only infer an arbitrary punishment, and not the pain of death; because, primo, there is no contingencie of blood between such collatterals in "Replyed: That however an argument may affinity; only the transgressing upon the re- be drawn from the said 16 verse of cap. 18 of verence that was due to the dissolved marriage, Levit., yet it is hard to subject the leidges to which its a question among lawyers if it meritts the pains of death in a case not determined by the ordinary punishment unless there were Statute, and which is contraverted among some Statute for that purpose, and a transgres-lawyers, and the Act 1649 is rescinded, and sion of that kind was thought more against such Statute than the Law of Nature, as being but a consequence from the 16 verse of the 18 cap. of Levit., which required a civil sanction to give it effect as to death.

"In the next place, as to the modus probandi, the woman's confession could be no proof.

the case of Jean Knox past without any debate or hearing of lawyers, upon her own confession that she had to do with two brethren, by mar rying one of them when she was with child to the other, whereby such a confusion did happen as justly subjected her to the ordinary punishment. Besides, the husband was not "It was Answered: That the degrees men- condemned, as he would have been if the tioned in the 18 Cap. Levit. are understood in said table of 1649 had been in everything ex our law to comprehend the equivalent or like planatory of the Law of Nature, for it says that in proximity and affinity; and therefore, since the unlawful company of man and woman, as the 16 verse expressly prohibits to use a well as marriage, begets an affinity that subbrother's wife, it thence follows that a wife's jects to the ordinary punishment in the case

Correspondence.-Regulations at the Queen's Bench Chambers.-Notes of Week.

of transgression, so that it seems the wisdom of our nation has not thought fitt to renew and authorise the said table.

"The Lords found the lybell relevant to infer the pain of death, and repelled the defences proponed for the pannell.

"The jury found the said Barbara Tannahill, her judicial confession before the Lords of Justiciary and the inquest, together with the concurring witnesses their depositions, doth sufficiently prove the indytement against her; but referred her retracting to the Lords themselves. And as to James Drysdale, found nothing proven against him, except the woman's assertion, which is proven by concurring testimonys, together with her judicial confession, which is a great presumption of his guilt of the crime indyted.

"The Lords appointed Barbara Tannahill to be hanged, and they banished James Drysdale.

"8th Feb. 1705."

SELECTIONS FROM CORRE-
SPONDENCE.

CHARTER-PARTY STAMP.

THE master of a British ship, whilst at the port of Beyrout, in the Mediterranean, entered into a charter with a foreigner to convey a cargo from that port to Great Britain. Is that charter-party exempt from the stamp duty of this country or not, it being executed abroad? And can the master or shipowner bring an action it without its being stamped? upon AN ARTICLED CRERK.

SOLICITORS' FIRE-PROOF ROOMS.

A letter from a solicitor recently appeared in The Times suggesting a Limited Liability Company for erecting fire-proof safety rooms for deeds, plate, and other valuables. The members of the Profession who do not belong to the Incorporated Law Society, are probably not aware that the whole of the basement of the building in Chancery Lane is appropriated for the deposit of deeds, &c., and I understand that in an additional building to form the south wing of the Institution, a considerable number of strong rooms will be provided, together with arbitration rooms, which are much needed, especially since the increased number of references under the Common Law Procedure Act, A SUBSCRIBER.

1854.

369

Summonses of the day will be called and numbered at a quarter before 11 o'clock, and heard consecutively.

The parties on two summonses only will be allowed to attend in the Judge's Room at the same time.

All long orders to be left that they may be ready, on being applied for the following day. Counsel will be heard at one o'clock. The name of the Cause in which Counsel are engaged to be put on the Counsel File.

Affidavits in support of exparte applications for Judge's Orders (except those for Orders to hold to Bail), to be left the day before the Orders are to be applied for, except under special circumstances; such affidavits to be properly endorsed with the names of the parties, the nature of the application, and the names of the Attorneys.

All affidavits produced before the Judge to be properly endorsed and filed.

NOTES OF THE WEEK.

LAW APPOINTMENTS.

Russell Gurney, Esq., Q.C., has been elected Common Serjeant of the City of London, in the room of E. Bullock, Esq., resigned. Mr. Gurney was called to the Bar by the Honourable Society of the Inner Temple, on the 21st November, 1828.

Mr. Richard Caparn, Solicitor, has been appointed Clerk of the Holbeach County Court, in the room of Mr. Edward Key.

Mr. John Phipps Sturton, Solicitor, has been appointed Vestry Clerk of Holbeach, in the room of Mr. Edward Key.

Mr. Henry Spurling, Solicitor, has been appointed Clerk to the Chick St. Osyth Burial Board, in the room of Mr. P. S. Sparling.

Mr. T. C. Trotter has been appointed Civil and Session Judge of Midnapore, East Indies, during the absence on leave of Mr. Luke.

The Hon. E. Drummond has been appointed Accountant-General to the government of

India.

Mr. G. G. Mackintosh has been appointed Accountant to the Government of Bengal.From The Civil Service Gazette.

The Queen has been pleased to appoint James R. Holligan, Esq., Barrister-at-Law, to be Auditor of Public Accounts for the Island of Barbados.

The Queen has been pleased to appoint William Charles Harris, Esq., Chief Constable of the county of Hants, and Captain Douglas Wm. Labalmondiere, Inspecting Superintendent of the Metropolitan Police, to be the Assistant Commissioners of Police of the Metropolis. -From the London Gazette of 4th March..

The Queen has been pleased to appoint Richard Levinge Swift, Esq., Barrister-atLaw, now her Majesty's Consul in the Island of St. Thomas, to be her Majesty's Consul at Buffalo, in the United States of America.— From the London Gazette of Feb. 26.