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Legal Obituary, 1855-6.
and C. M. Adamson), Secretary to Newcastle and Carlisle Railway. Admitted on the Roll, Hil. Term, 1809. Died, September, 1855. Archer, Henry Thomas, of 2, Church-court, Clement'slane, and 6, Raquet-court, Fleet-street. Admitted on the Roll, Easter Term, 1826.
Artindale, Robert, of Burnley. Clerk to the Petty Sessions and Magistrates at Burnley (firm— Artindale and Shaw). Admitted on the Roll, Hil. Term, 1823. Died, February 5, 1855.
* Ashurst, William Henry, of 6, Old Jewry (firm- | Ashurst, Son, and Morris). Admitted on the Roll, Michaelmas Term, 1821. Died, October 13, 1855.
Atkinson, John, of Leeds (firm-Atkinson, Dibb, and
*Baines, Robert Henry, of 37, Southampton-buildings (firm-Crouch, Baines, and Hooper). Admitted on the Roll, Hil. Term, 1831. Died, March, 1856.
Baster, Charles, of Abingdon.
Admitted on the Roll, Hil. Term, 1811. Died, May, 1855. Bicknell, Christopher (firm-C. and S. Bicknell), of 79, Connaught-terrace, Edgware-road. Admitted on the Roll, Easter Term, 1833. Died May, 1855. Bond, Edward, of Lichfield. Clerk to the Magistrates (firm-E. and F. Bond and Barnes). Admitted on the Roll, Mich. Term, 1816. Died, October 11, 1855.
Brackenbury, Bennet, of Gainsborough (firm
Heaton, Brackenbury, and Oldman). Admitted on the Roll, Easter Term, 1838. Died, January, 1855.
*Braikenridge, W. of 16, Bartlett's-buildings, Holborn (firm-W. Braikenridge and Sons). Admitted on the Roll, Hil. Term, 1812. Died, February 26, 1856.
Bramwell, Thomas Vicars, of Stockport. Admitted on the Roll, Easter Term, 1846. Died May, 1855. Brassey, John, of 7, Tokenhouse-yard. Admitted on the Roll, Mich. Term, 1853.
Broad, Joseph, of Tunstall. Agent to the American Consul for verifying invoices to the United States. Admitted on the Roll, Hil. Term, 1853. Died, January 26, 1855.
Brown, John, of Sheffield. Distributor of Stamps for the Sheffield district (firm-J. and W. Brown). Admitted on the Roll, Hil. Term, 1806. 1854. Burder, John (firm-Burder, Son, and Dunning), of 27, Parliament-street. Admitted on the Roll, Mich. Term, 1818. Died, April, 1854. Busfeild, Walker, of Bingley, Yorkshire. Admitted on the Roll, Hil. Term, 1835. Died, September, 1855.
Callow, Joseph, of 4, College-hill, City. Admitted on the Roll, Easter Term, 1826. Died, October, 1855.
*Cameron, John Campbell (firm-Cameron & Booty), of 1, Raymond-buildings, Gray's Inn. Admitted on the Roll, Trin. Term, 1800. Died, May 7, 1855. Case, Edward, of Bury St. Edmuuds. Clerk to the Governors of Free Grammar School, and Clopton's Asylum, and Sittlon's Charity. Admitted on the Roll, Trin. Term, 1824. Died, December, 1855.
Chambers, Robert Byron, of 11, Tokenhouse-yard, City. Admitted on the Roll, Hil. Term, 1829. Chaplin, John Clarke, of Birmingham (firm— Chaplin, Richards, and Stubbin). Admitted on the Roll, Hil. Term, 1828.
*Charsley, John, of Beaconsfield (firm-Charsley and Parton). Admitted on the Roll, Mich. Term, 1804. Died, March, 1855.
Chew, Townley, of Manchester (firm-T. H. and T. Chew). Admitted on the Roll, Hil. Term, 1848. Clark, George, of 28, Finsbury-place North (firm G. and G. H. Clark). Admitted on the Roll, Easter Term, 1823.
Cobb, Charles Francis. of 62, Moorgate-street, City
Cooper, Thomas, of Kidderminster. Admitted on
*Douglass, James Ley, of Market Harborough. Admitted on the Roll, Hil. Term, 1819. Died, December, 1855.
Edge, Matthias, of Ormskirk. Admitted on the
Evans, William, of 4, Wintoun-place, Blackheath-
Fraser, Michael, of 2, Furnival's Inn, and Manor
Furner, Frederick, of 13, Providence-place, Upper Kennington-lane. Admitted on the Roll, Trin. Term, 1830. Died March 16, 1856.
Gem, William Henry, of Birmingham. Admitted on the Roll, Mich. Term, 1823. Died, December 3, 1855.
Golding, Samuel, of Walsham-le-Willows, near Ixworth (firm-S. and T. M. Golding). Admitted on the Roll, Trin. Term, 1809. Died, May 24, 1854. Gordon, Patrick, of 3, Symond's Inn, Chancery-lane (firm-Gordon and Grant). Admitted on the Roll, Trin. Term, 1819. Died, March 13, 1855. Graham, James, of Carlisle. Admitted on the Roll, Mic. Term, 1845. Died, March, 1855. Grane, William, of 23, Bedford-row (firm-Grane, Son, and Fesenmeyer). Admitted on the Roll, Trin. Term, 1812. Died, July 25, 1856.
-342 Legal Obituary 1855-6.—Recent Decisions: Lord Chancellor; Lords Justices.
Griffith, Wm., of Llanrwst, Denbighshire. Admitted on the Roll, Mich. Term, 1835. Died, June, 1855. Grundy, Samuel, of Bury, Lancashire. Admitted on the Roll, Mich. Term, 1817. Died, January 2, 1856.
*Harman, Charles, of High Wycombe.
Harris, James, of Bristol. Clerk to the Com-
Harvey, Joseph, of Gloucester (firm-Harvey and
Admitted on the Roll,
Holmes, Joseph Hanby, of Bury St. Edmunds. Town
Hustler, Orbell, of Halsted. Clerk to the Magistrates
James, Morgan Rice, of Haverfordwest. Clerk to
Jarvis, James. of Lynn. Admitted on the Roll,
Jones, Alfred Alexander, of 9, Quality-court, Chan-
Roll,Jones, Griffith, of Pwllheli. Clerk to the Magistrates. Admitted on the Roll, Mich. Term, 1830. Died, May 9, 1855.
Herring, Charles Thomas, of Bedale. Clerk to the
Jones, William, of 65, St. Paul's Church-yard. Ad-
[To be continued.]
RECENT DECISIONS IN THE SUPERIOR COURTS.
Farina v. Silverlock, July 9, 1856.
INJUNCTION-PRINTING OF LABELS-TRADE MARKS
Held, reversing the decision of Vice-Chancellor
THIS was an appeal from the Vice-Chancellor Wood (reported 1 Kay. and J. 509) making perpetual an injunction to restrain the defendant, a printer, from printing or selling any labels similar to those in use by the plaintiff, the manufacturer of eau de Cologne, upon his bottles.
Willcock and Buxton in support; Daniel and Hetherington contrà.
The Lord Chancellor said that the equity was founded upon the jurisdiction of this court to give relief by way of preventive justice for the purpose of rendering more effectual the legal right to have a particular trade mark for any commodity. This right was not a copyright, but was to prevent any other person from selling wares, not manufactured by the party designating his commodities with a particular trade mark, with such trade mark or a colourable imitation of it, for the purpose of misleading the public. It was, however, alleged by the defendant, and was not contradicted by the plaintiff, that it was the custom to supply retail dealers with the labels in question for their convenience in the sale of the plaintiff's own manufacture. This was a material ingredient in considering the equities in the present case. And although the court would
restrain the sale of a spurious article with the label in question, to restrain its sale might stop its legitimate use for the plaintiff's own manufacture. The bill must therefore be retained, with liberty to the plaintiff to bring an action, and to apply.
Manby v. Bewicke and another. July 14, 1856.
PRODUCTION OF DOCUMENTS- EXAMINATION OF DEEDS BY DEFENDANTS, NOT THEIR SOLICITORS. Held, that in order to entitle documents, admitted by the defendants in their answer to be in their possession, from production, it is necessary that the defendants themselves should from their own examination state that such documents do not relate to the plaintiff's title. It is insufficient that their solicitors have examined the documents. But time was given for the defendants to examine, and to make an affidavit against the production. THIS was an appeal from an order of the ViceChancellor Wood directing the production of certain documents admitted by the defendants by their answer to be in their possession, but claiming nonproduction on the ground that to the best of their information and belief such documents did not support the plaintiff's case. It appeared that the defendants were ignorant of legal proceedings and had derived their information as to the contents of the documents from their solicitors, who offered to swear to the result of their examination.
Cairns and Toller in support.
The Lords Justices (without calling on Roxburgh and C. Locock Webb for the plaintiff contrà) said that the examination by the solicitors was insufficient, but gave time to the defendants for that purpose and to make an affidavit as to the result.
Recent Decisions: V. C. Wood.-Analytical Digest of Cases: Appeals in Bankruptcy. 343
African Steam Ship Company v. Swanzy and Another. June 30, 1856.
MERCHANT SHIPPING ACT-SHIPOWNERS' LIABILITY ON LOSS OF SHIP-COSTS OF ACTIONS AT LAW,
Held, that shipowners are liable under the 17 & 18 Vict. c. 104, to the costs of actions brought against them at law to recover damages by reason of the loss of their ship, where they avail themselves of the benefits of the act as to the restriction of their liability to the value of the ship.
THIS was a suit under the 17 & 18 Vict. c. 104, to ascertain the value of the ship Forerunner, which had been wrecked off the coast of Africa, and to distribute the amount among the parties entitled to claim for losses thereby occasioned. It appeared that the defendant was owner of a portion of the cargo, and had brought an action to recover its value, as also had one of the passengers (another defendant) for his property lost with the ship. The value (£5,900) had been ascertained and paid into Court.
Section 504 of the Merchant Shipping Act enacts that: "No owner of any sea-going ship or share therein shall, in cases where all or any of the following events occur without his actual fault or privity (that is to say): 1. Where any loss of life or personal injury is caused to any person being carried in such ship. 2. Where any damage or loss is caused to any goods, merchandise, or other things whatsoever on board any such ship. Where any loss of life or personal injury is by reason of the improper navigation of such sea-going ship as aforesaid caused to any person carried in any other ship or boat. 4. Where any loss or damage is by reason of any such improper navigation of such sea-going ship as aforesaid caused to any other ship or boat, or to any goods, merchandise, or other things whatsoever, on board any other ship or boat :-be answerable in damages to an extent beyond the value of his ship and the freight due or to grow due in respect of such ship during the voyage which at the time of the happening of any such events as aforesaid is in prosecution or con
tracted for, subject to the following proviso (that is to say), that in no case where any such liability as aforesaid is incurred in respect of loss of life or personal injury to any passenger, shall the value of any such ship and the freight thereof be taken to be less than fifteen pounds per registered ton."
And section 514 that: "In cases where any liability has been or is alleged to have been incurred by any owner in respect of loss of life, personal injury, several claims are made or apprehended in respect or loss of or damage to ships, boats, or goods, and of such liability, then, subject to the right herein before given to the Board of Trade of recovering damages in the United Kingdom in respect of loss of life or personal injury, it shall be lawful in England or Ireland for the High Court of Chancery, and in Scotland for the Court of Session, and in any British possession for any competent court, to entertain proceedings at the suit of any owner for the purpose of determining the amount of such liability subject as aforesaid, and for the distribution of such amount rateably amongst the several claimants, with power for any such court to stop all actions and suits pending in any other court in relation to the same subject-matter: and any proceeding entertained by such Court of Chancery or court of session, or other competent court, may be conducted in such manner and subject to such regulations as to making any persons interested parties to the same, and as to the exclusion of any claimants who do not come in within a certain time, and as to requiring security from the owner, and as to payment of costs, as the court thinks just."
Rolt and Cairns for the plaintiff; W. M. James, Cole, and G. M. Giffard for the defendants.
The Vice-Chancellor said, the 514th section shewed that the act was passed as a benefit to the shipowner, and any claimant might otherwise proceed at law without expense. The plaintiffs having taken advantage of the act were therefore bound to pay the defendants' costs of the two actions. There would, however, be no interest, as it was not authorized by the act, and the order for payment of the money into Court was in the nature of security, and did not operate as a judgment.
ANALYTICAL DIGEST OF CASES.
SELECTED AND CLASSIFIED.
the meantime, but not providing, except in certain events, for the assignment of all the debtor's estate: Held, not to be a deed of arrangement within the provisions of the Bankrupt Law Consolidation Act respecting arrangements by deed.
Before certifying that a deed has been executed by the majority required by those provisions, the Commissioner ought to be satisfied that the deed is one within the scope of them.-Exparte Wilkes, in re Wilkes, 5 De G., M'N. and G. 418,
AWARD AFTER BANKRUPTCY.
Preparation of-Official Assignee.-The 160th section of the Bankrupt Law Consolidation Act, which empowers the Commissioner to make an allowance out of the estate to such person as he shall think fit for the preparation of the balance-sheet and accounts of the bankrupt, does not authorize an
Effect of, until discharge by Insolvent Court, on creditor's right to petition for adjudication.- Where the petitioning creditor had, before petitioning for adjudication, arrested the bankrupt for the petitioning creditor's debt, and detained him in custody till he was discharged on his petition to the Insolvent Debtors' Court, the Court of Appeal refused to annul the adjudication on that ground until its validity had been tried at law.-Exparte Watson, in re Watson, 5 De G. M'N. and G. 396.
Of all property more than a year before bankruptcy. -Where an assignment of all a bankrupt's property required for his trade, as a security for an antecedent debt, has taken place more than twelve months before the petition for adjudication, semble, that it is material for the assignees to show for the purpose of avoiding the deed, that there still exists a debt which existed at the time of the execution of the assignment.-Exparte Taylor, in re Taylor, 5 De G. M'N. and G. 392.
Case cited in the judgment: Exparte Bailey, 3 De G.
2. Reputed ownership-Trade fixtures.-A. B., a publican, being indebted to C. D., deposited with him the lease of a public-house and other houses, accompanied by a memorandum expressly constituting C. D. equitable mortgagee of the leasehold premises, and of the fixtures to the premises belongiug: A. B. remained in possession of the premises and became bankrupt: Held, reversing the decision of the Commissioner in Bankruptcy, that the fixtures, consisting of ordinary house fixtures and trade fixtures, were not in the order and disposition of the bankrupt within the 125th section of the Bankrupt Law Consolidation Act, 1849, but belonged to the mortgagee.
By the word "fixtures" the Court understood such things as are ordinarily affixed to the freehold for the convenience of the occupier, and which might be removed without material injury to the freehold aud the removal of which by a tenant would not give a ground of action to the landlord. The authorities on the subject reviewed. Exparte Barclay, in re Gawan, 5 De G. M'N. and G. 403.
Cases cited in the judgment: Joy v. Campbell, 1 Sch. and Lef. 336; Whitfield v. Brand, 16 M. and W. 282; Mace v. Cadell, Cooper, 232; Colegrave v. Dias Santos, 2 B. and C. 76; Horn v. Baker, 9 East, 215; Clark v. Crownshaw. 3 B. and Ad. 804; Coombs v. Beaumont, 5 B. and Ad. 72; Boydell v. M'Michael, 1 C. M. and R. 177; Rufford v. Bishop, 5 Russ. 346; Hubbard v. Bagshawe, 4 Sim. 326; Trappes v. Harter, 2 Cromp and M. 153; Load v. Green, 15 M. and W. 216.
See Principal and Surety.
PETITION FOR ADJUDICATION.
PRINCIPAL AND SURETY.
Accommodation bill Notice.-An indorsee for value of an accommodation bill, without notice that it is one of that description, may, notwithstanding notice subsequently acquired, release the drawer without releasing the acceptor. Exparte Graham, in re Black, 5 De Gex, M'N. and Gor. 356.
Case cited in the judgment:-Exparte Glendinning,
See Benefit Building Society.
Award after bankruptcy.—In an action to recover the balance upon an account current, a verdict for the plaintiff was taken by consent, subject to a reference to an arbitrator, who was empowered to direct that a verdict should be entered for the plaintiff or defendant, and the costs were to abide the result of the award. After the award, which was in favour of the plaintiff, and before judgment, the defendant committed an act of bankruptcy, of which notice was given to the plaintiff in the action, but judgment was nevertheless entered up upon the award. On the defendant being adjudicated a bankrupt,-Held, that the amount for which judgment was entered up, with interest and costs, constituted a proveable debt. Exparte Harding, in re Pickering, 5 De Gex, M'N. and Gord. 367. Case cited in the judgment:-Exparte Butterfill, 1 Rose, 192.
Of bankrupt's property in discretion of Commissioner -Appeal. The sale of the bankrupt's estate is a matter peculiarly within the discretion of the commissioner, with which the Court of Appeal will not interfere upon a mere doubt. Semble, that the limitation of the time for appealing is not confined to decisions on adverse claims, but extends to administrative orders or directions. Exparte Ford, in re Flood, 5 De Gex, M'N. and Gor. 398.
SALE BY TENDER.
Taxation of accountant's change for.-The scale of charges of an agent, employed by the assignees to sell the bankrupt's stock by tender, is properly settled by the rule adopted by the Court of Bankruptcy in London at an intermediate rate between that applicable to a sale by acution and that applicable to a sale by valuation.
It is not incumbent on the appellate court to decide such a question, although both parties submit to its jurisdiction.-Exparte Hunt, in re M'Kenna, 5 De G. M'N. and G. 387.
The Legal Observer,
SATURDAY, SEPTEMBER 20, 1856.
ANALYSIS OF THE NEW COUNTY COURT ACT.
THIS statute will come into full operation on the 1st October, and we therefore proceed to call attention to
its several provisions, taking the liberty to classify
the enactments in somewhat a different method from that adopted by the learned draftsman of the act. The respective heads under which we propose to consider the effect of the various alterations are1st. The Judges and Officers, their Salaries and Compensations. 2nd. The Jurisdiction of the Courts in Actions. 3rd. The Practice of the Courts. 4th. The Jurisdiction of the Superior Courts by Certiorari, Prohibition, and Mandamus. 5th. Replevin and Arrear of Rent. 6th. Proceedings to recover small Tenements. 7th. Fees and Costs. 8th. Miscellaneous Provisions.
I. JUDGES AND OFFICERS, THEIR SALARIES AND COMPENSATIONS.
A deputy judge of a county court must be a barrister-at-law of seven years' standing, or have practised as a barrister or special pleader for seven years, or be a judge of a county court † (s. 6).
The clerk of a county court is hereafter to be called the "registrar" of the court, and no person shall be appointed registrar of more than one court (s. 8). And after 1st October, 1856, a registrar of more than one court shall cease to be registrar except of the court of which he may elect to remain registrar; but this provision does not apply to any registrar who was clerk to any court mentioned in schedule A. or B. to the 9 & 10 Vic. c. 95, unless such registrar shall signify his desire that it should apply to him (s. 9).‡
The registrar's compensation, on ceasing to act for one or more county courts, is provided under the 10th section-namely, by an annuity equal to one-fourth of the average amount of fees received during the last five years. And if the registrar has been the clerk of any court mentioned in schedules A. or B. of the 9 & 10 Vic. c. 95, his compensation will be in accordance with the 38th section of that act.§
*The Qualification of the judge is not altered by the act. + Under this provision an attorney who has been appointed a county court judge (of which we believe there has been one instance only), might act as a deputy.
There are sixty-one courts in Schedule A, and forty-five in Schedule B. The courts are the old courts of requests and small debts courts established under local acts of Parliament.
§ The compensation under s. 38 is to be awarded by the Commissioners of the Treasury within six months after the alteration of court, who inquire into the nature of tenure and amount of fees, and award such gross or yearly sum and for such time as they may think just, upon consideration of the special circumstances of each case,-to be paid out of Consolidated Fund.
VOL. LII. No. 1,489.
The appointment of a deputy judge will not be vacated by the death of a judge, and the acts of such deputy will be valid until a successor be appointed; and the deputy, after the death of the judge, is to receive as remuneration for the period he may act as
deputy such sum as the Lord-Chancellor may direct
So the appointment of a deputy registrar shall not be vacated by the death or removal of the registrar, and he may continue to act until a successor be appointed, and receive for his services a rateable proportion of salary (ss. 12, 13).
Provision is also made for the validity of the acts of the bailiffs, notwithstanding the death or removal of the high bailiff (s. 14).
On the death or removal of a high bailiff, the judge may appoint a person to execute the duties for three months (s. 16).
The salaries of the judges of the county courts shall be paid out of the Consolidated Fund, and the sums which are now or may hereafter be allowed to them for travelling expenses shall be paid out of monies that may be voted by Parliament for that purpose (s. 80).
By the 15 & 16 Vic. c. 54, s. 14, it was provided that the greatest salaries to be received in any case by the judges of the county courts should be £1,500, but that in no case should any judge be paid a less salary than £1,200. The commissioners of her Majesty's Treasury ordered that the salaries of the judges should be fixed at the amounts set opposite their names in schedule D.* But by the present act (s. 81), every judge of a county court shall be paid a salary of £1,200 a year, and no more: provided that the judges mentioned in the schedule shall continue to receive the salaries therein mentioned.
The registrars are also, by s. 82, to be paid by salaries; and the principle on which the salaries are to be so regulated shall be, that the registrar of each court in which the plaints entered do not exceed the number of 200 in a year shall have an annual salary of £120, and that in courts where the plaints exceed 200 in the year the salaries shall be increased by sums of £5 for every 25 additional plaints up to 1,000 plaints inclusive, and then by sums of £4 for every 25 additional plaints up to 6,000 inclusive; and such salaries shall be inclusive of all salaries to the clerks employed by the registrar in the business of their respective courts, and of all emoluments whatsoever except those receivable by them in proceedings in insolvency or protection. In the courts in which the plaints exceed 6,000 the amount of salary shall be fixed by the Commissioners of the Treasury with the consent of the Lord Chancellor, not exceeding £700 a year, with a proviso in
* See p. 300, ante.