« EelmineJätka »
Arn. 4th edit. 495; Court V. Martineau, 3 Dougl. | facts represented, it must be shown that he PURCHASER OF SHARES ON STOCK EXCHANGE161 : Bridges v. Hunter, 1 M. & 8. 18; Phillips, actually did obtain the information.
INFANT TRANSFEREE - MISREPRESENTATION — 8. 659. Immaterial facts misstated by a party do not
Mackintosh v. Marshall, 11 M. & W. 116; Bates v. INDEMNITY TO VENDOR.-E., the defendant, in.
Hewitt, L. Rep. 2 Q. B. 595; Proudfoot v. Montefiore, structed his brokers to purchase shares in a limited affect the contract unless made in answer to a Ib.511 ; Nicholson v. Power, 20 L. T. Rep. N. 8.580. specific inquiry; or being made fraudulently in.
company, who accordingly ipurchased 100 shares Anence the other party; if so made and so operat.
Waiver and Revocation.
from the plaintiff M. E. subsequently instructed ing the policy is void :
A representation is waived by the under writer his brokers to pass the name of his son as the Phillips, s. 539, 540; Arn. 4th edit. 482.
who executes a policy inconsistent in terms with transferee, describing him as “My son G. E., NOTE.- A specific inquiry imports that the subject such representation.
drysalter.' The shares were transferred into the matter of the inquiry is considered material : Bize v. Fletcher, 1 Dougl. 284.
name of G. E., who executed the deed of transfer. (Phillips, s. 542.) The operation of a representation may be neu.
On the company being shortly afterwards woundHow made.
tralised by the assured confessing his mistake up it was discovered that G. E. was an infant, and A representation may be by a mere implication before the polioy is executed, or stating that he steps were taken to substitute the plaintiff's name by the policy itself, by a separate writing, or by will not hold himseli bound by it, or by control.
on the register and list of contributories. Neither words spoken : ling or qualifying it by a subsequent statement.
the defendant's brokers nor the plaintiff knew at Phillips, ss. 524-27; Stewart v. Morrison, Millar on Arn. 4th edit. 499, 500.
the time of the purchase that G. E. was an infant. Ins. 59; 2 Duer, 721-733; Arn. 4th edit. 481.
G. E., through the defendant as his next friend, Representation to first Underwr itcr. brought an action at law against the plaintiff to Binding Effect.
A misrepresentation made to the first of several recover the purchase money for the shares, A representation being once made in reference underwriters may (semble, it does) affect the charging the plaintiff with fraud and misrepre. to a proposed insurance, continues to be binding contract with all.
sentation as to the value of the shares. The anless it is subsequently revoked or modified
Arn, 4th edit. 506 (see Ellenborough, C. J., Foster action was compromised by the plaintiff (the before the policy is executed :
v. Pigou, 1 M. & S. 13.
defendant at law) returning the purchase money, Edwards v. Footner, 1 Camp. 530; Phillips, s. 547. Essentials.-The representation must be perti. the charges of fraud being withdrawn, he being Representations are generally to be taken in re- nent, of material facts, must relate only to the still unaware of G. E.'s infancy. Defendant's lation to the time of underwriting the policy: policy in question, and be made to the first name, Arn. 4th edit. 504. and is confined in its operation to the one polioy. an investment for money advanced by the de
answer stated that the shares were purchased as Consequences.
Ib. ; Duer Ins. 667, 678. If either party, whether purposely or through If one name is put first on a policy as a decoy, fendant to his son. Held (1), that the defendant negligence, mistake, inadvertence or oversight, and the policy is exhibited to other underwriters compromise of the action
at law was not binding misrepresents a fact which he is bound to repre
who subscribe it, it is void as against them. sent truly, the other is wholly or partially ex
2 Duer 679; Arn., 4th edit., 508.
upon the plaintiff, as the fact of G. E.'s infancy
was concealed from him ; and that the defendant onerated from the contract.
was bound to indemnify the plaintiff in respect of Phillips, sect. 537. But in the absence of moral fraud a substantial
the shares : (Maynard v. Eaton, 29 L. T. Rep. N. S. COMPANY LAW.
637. V. C. M.) compliance with the terms of a representation is all that is required. De Hahn v. Hartley, 1 T. R. 346; Paroson v. Watson,
NOTES OF NEW DECISIONS. 2 Cowp. 785. WINDING-UP.- CONTRIBUTORY- SUBSCRIBER
COUNTY COURTS. Exception.-A representation that & ship is or TO MEMORANDUM OF ASSOCIATION.-SALE OF was to sail on a particular day, must be strictly LAND COMPANY—PURCHASE-MONEY-SET.
MALDON COUNTY COURT. complied with:
OFF.-By a parol agreement entered into in May Phillips, sect. 672; Arn. 4th edit. 498. 1865, between the promoters of a company and
Friday, Dec. 19, 1873. Where it is a reasonable conclusion from all the M., it was agreed that M. should sell a certain
(Before T. ABDY, Esq., Judge.) circumstances that the failure to comply with the piece of land to the company, and should accept THE REV. C. G. G. TOWNSEND v. THE GREAT strict terms of the representation has not sub- 100 fully paid-up shares in part payment of the
EASTERN RAILWAY COMPANY. stantially altered the nature of the risk as do: purchase money. In Nov. 1865 the company was Railway company-Liability to maintain fences. scribed in the policy, such non-compliance will registered under the Companies Act 1862, and M. not discharge the underwriter's contract:
subscribed the memorandum of association for 100 C. Gepp, of Chelmsford, appeared for plaintiff. Bize v. Fletcher, 1 Dougl. 231; Arn. 4th edit. 499. shares of £10 each. The company at once entered
Moore appeared for the company. A false representation of a fact necessarily pre- into possession of the piece of land, and in March ceding the commencement of the risk avoids the 1866 a written agreement was executed whereby 50s. damages sustained by the plaintiff through
Gepp said the action was brought to recover policy. A representation having reference to the con.
M. agreed to sell the piece of land to the com. the company neglecting to provide a sufficient
pany for £1000. A conveyance of the land was fence between plaintiff's land and their line of tinuance of an existing state of things, non-com.subsequently executed, and M. signed a receipt railway at Hatfield Peverel; in consequence of pliance with it subsequent to the commencement of the risk avoids the policy ab initio.
for £1000. No money was, however, paid to him, which a sheep breaking through the fence was
but 100 fully paid-up shares were allotted to him killed on the line by a passing train. Mr. TownDuer Ins. 696. The transitory breach of a promissory repre
in respect of the £1000 purchase money. The send had thought it proper to bring this action sentation does not exonerate the underwriter from prospectus of the company stated that a satis- to establish
his rights in the matter. He might sabsequent losses.
factory arrangement had been made for the pur- mention that had not Mr. Townsend's man visited 2 Duer Ins. 697-8; Arn. 4th edit. 500-1.
chase of the land in question, the vendor taking the field from which the sheep had escaped soon
£1000 of the purchase money in paid-up shares. after the accident, a great many sheep would proExpectation, Opinion, and Belief.
And in a report made by the directors to the bably have been killed, as there was then a flock An honest statement of an expectation, opinion, shareholders in March 1866 it was stated that the of 105 sheep on the railway ; and the consequences or belief, which turns out to be unfounded, will vendor agreed to accept £1000, part of the might have been very serious. not affect the contract.
purchase money, in paid-up shares; and in a Isaac Harvey, a man in the plaintiff's employ, Phillips, sect. 551; Arn. 487, 4th edit.
board minute of the same date it was stated that went about five o'clock on the morning of the 17th Nor will a statement of expectation or belief as 100 paid-up shares had been issued to M. in part Aug. to a field adjoining the railway, in which he to a fact material to the risk by a person having payment of the purchase-money. Held (reversing had left 105 sheep the night before. Not seeing no interest in the subject matter of the contract. the decision of Bacon, V.C.), that the contract by the sheep, he had discovered a gap in the hedge
Borden v. l'aughan, io East, 415; Arn. 488, 4th edit. M. to take the 100 shares for which he subscribed through which the sheep had passed on to the But if , with the intention to deceive, an expecta- the memorandum of association was satisfied
by railway ; with the assistance of the bailiff he got tion or belief is expressed of the possible truth of the allotment to him of the 100 shares in part the sheep off the line, but one had been run over which the party expressing it knows nothing, the payment of the purchase money for the land sold and killed by a train, the driver pulling up the policy is void.
by him to the company, and that he was not liable engine as quick as possible after the accident. Arn. 486, 487, 4th edit. ; Maule, J., in Evan: v. Ed.
as a contributory in respect of 100 shares : (May. The fence was a quick hedge. munds, 13 C. B. 777, 785. A positive affirmative representation of material pard's case, 29 L. T. Rep. N. S. 630. L.C. and
Gepp.-Was it sufficiently thick to keep the facts in respect to the future is, in effect, a stipuL.JJ.)
sheep in ? lation that they shall be substantially as stated.
CONTRIBUTORY-SUBSCRIBER TO MEMORAN- Witness.- If it had been they would not have Ibid. s. 553 ; 2 Duer. Mar. Ins. 657.
DUM-PAYMENT OTHERWISE THAN IN CASH.- got through, sir. A non-fulfilment of such a representation will The L. Company was formed to purchase the In answer to Moore, witness said the fence had defeat the policy if it occurs prior to or simul. business of C., the capital to be £7500, in 7500 been there since the formation of the railway, taneously with the commencement of the risk, shares of £1 each. The memorandum was signed thirty-two years ago, and it had been the habit to or be a ground of forfeiture if it occurs after for. 6265, shares, C. subscribing for 2500. The turn sheep in the field year after year; there wards.
articles dated the same day recited and adopted were no gaps in the fence the previous evening: Ib. Arn. 486, 4th edit.
an agreement already prepared with C. for the John Tyler, bailiff, corroborated, and Mr.
purchase by the company of his business and Upson, manager of the farm, said the railway Communicating Information received.
premises for £5000, half to be paid in cash and company always trimmed and kept the hedge in A statement relating merely to information half in 2500 fully paid-up shares. The memo. order, and they had repaired it since the accident; received from others and communicated as such, randum did not state that the 2500 shares sub- the hedge was not in sufficient repair to keep the the person making it is not bound to any sub- scribed for by C. were fully paid-up: The memo- sheep in. stantial compliance with it, but he must show randum and articles were registered on the 27th Moore contended that as the evidence showed that he repeated truthfully such information : Sept. 1870. The agreement with C. was executed the fence was in good repair just prior to the acci
Arn. 4th edit. 490.
on the 30th September, and registered on the 6th dent, there was no evidence of negligence on the cated by an agent to his principal, it being the that the shares to be allotted to C. as fully paid was in good repair at the time, the plaintiff could duty of the agent to give such information, the up were the same as those for which he had sub- not say it was not a sufficient hedge, as by 8 & 9 latter repeating it, is bound by it as by a positive scribed the memorandum. On the 10th October Vict. c. 20, s. 68, it was laid down that if after the representation,
1870, 2500 fully paid-up shares were allotted to C., lapse of five years no complaint is made of a fence, Ib., citing Gladstone y. King (1 M. & S. 35), which however was a case of concealment where the
“the said shares being the same for which the it was deemed a sufficient fence, and thirty-two damage claimed for as an average loss was by said C. subscribed
the memorandum and articles years had elapsed before any complaint was made reason of the concealment of the accident which of association.” The court being satisfied that it of this hedge. had happened, held excepted out of the policy. was the understanding of all parties that the Gepp urged that the Act quoted by Mr Moore The principle stated doubtless fol'o vs from it: 2500 paid-up shares allotted to C. were the same Phillips, s. 564; Fitzherbert v. Mather (1 T. Rep. 12) as those referred to in the agreement, and that it line was formed before that Act was passed. The
was not applicable to that line of railway, as the is quite to the point.
was in respect of those that C. had signed the action was taken upon the Eastern Counties Rail Knowledge of the Insurer,
memorandum. Held, that C. could not be placed way Act 1846, which in the 107th section, after To relieve the assured from the consequences of on the list of contributories in respect of the providing as to the erection of fences, says such a misrepresentation on the ground that the under- shares : (Coates's Case, 29 L. T. Rep. N. S. 637. fences shall be kept in proper repair. writer has the means of learning the truth of the ' V.C. M.)
In the course of a conversation, his HONOUR
said railway companies had great statutory powers, if the examination should be passed, the discharge the promise made previously to the filing of the and it was very necessary for the protection of would stand upon its own merits.
petition, and renewed subsequently, to pay in full. property and lives of persons travelling by the In answer to the court,
That he (Storer) submitted, was no considerarail that they should Eeep the fences in proper Layton said that after the bankrupt's depar- tion at all. order.
ture an approximate statement of affairs was His HONOUR.-If the debt was satisfied by For the defence, Moore called Thomas Mead, made out, and the creditors were satisfied they payment of the composition there was, of course, platelayer, who saw the hedge the day before the had obtained the necessary information in refer no consideration. accident, when it was in good repair, and in con. ence to his transactions ; and they desired the Storer.-Starting from that point-and it is my versation, Tyler, plaintiff's bailiff, told him he saw bankrupt should receive his
discharge if the court standpoint-I say that that was not the arrangepothing amiss with the fence. A gap was made thought it could be granted.
ment. The bills were given apon the faith of the by the violence of the sheep through the bottom of His HONOUR said the court was desirous of defendant Kaufmann's representation that he was the hedge; he had noticed that the sheep lay affording every facility in a case where a hand- in a good position. Mr. Neumann, who thought alongside the hedge in a flock, and they had forced some dividend had been paid, but in the face of he was only fettered for a short time, said, “I'll themselves under the hedge to escape from the the 19th section and the 140th rule it was impos. send you a stock of cigars if you will let me have sun. A ditoh interposed between the field and the sible to grant the discharge until the bankrupt some bills.” Upon that the bills were given. hedge.
had produced a statement of his affairs and Whether, therefore, we accept the statement of Gepp said the sheep being found on the line at attended the court for public examination. The Mr. Neumann or that of the defendant, clearly five in the morning, they must have broken matter would be adjourned sine die, with liberty there was no consideration made for these bills, through during the night, and would not then to the bankrupt to apply when he had conformed because, on Mr. Neumann's testimony, no goods have been seeking shade from the sun. to the law.
were sent to Kaufmann in return for the bills. Mr. Kemp, inspector of platelayers, said that
His HONOUR.-I have said that if the composi. fence seemed to him to an unusually good MANCHESTER COUNTY COURT. tion was paid there was no consideration for the
Saturday Jan. 10, 1874.
bills. The original debt was gone. His HONOUR did not think the Company had done all they ought to have done in looking out
(Before J. A. RUSSELL, Q.C., Judge.)
Storer.-Then is the plaintiff in a different
position, with regard to these bills, than Messrs. for weak places. The sheep seeking shade at this
HAND V. KAUFMANN.
Neumann, Gingold, and Co. and their trustee particular spot, it was very probable the fence Bankruptcy Act 1869-Issue tried by consent. were ? He continued: The material part of this would be weakened thereby His Honour gave H. sought to recover on two bills of exchange, case was, what, as a matter of fact, was due to judgment for the amount claimed with costs. drawn by N. and Co., accepted by K., the defen: Mr. Hand at the time the bills were given to him ?
dant, and endorsed by N. and Co. to H. the In fact, nothing. He received the bills in antici.
plaintiff, a solicitor, as security for a sum agreed pation of charges that were to be incurred in BANKRUPTCY LAW.
upon as consideration for #i's acting in the liquidating the affairs of Messrs. Neumann,
affairs of N. and Co., who were in difficulties. Gingold, and Co. Up to the 13th May, when the NOTES OF NEW DECISIONS.
Held, that this was a legitimate transaction, the petition was presented to the London Bankruptcy
agreement for H. to act in winding.up N. and Co.'s Court, all that he was in a position to claim was EXECUTION-PAYMENT TO SHERIFF BEFORE affairs being a good consideration, and that H. the costs then incurred-namely, £21. He had no LEVY-LIQUIDATION - NOTICE — PAYMENT BY was entitled to recover on the bills from K. irre. right to take into his custody property belonging SHERIFF AFTER-THE BANKRUPTCY ACT, ss. 6, spective of the consideration as between K. and to the debtors' estate and say, "I have a lien upon 87.-If a judgment debtor voluntarily, and to N. and Co., whatever might be his position with this in respect of charges to be incurred in this avoid execution, pay to the sheriff the amount of regard to the estate of N. and Co.
bankruptcy.” By rule 31 of the rules of 1870, it the judgment debt and costs, he does not therebys. Taylor, barrister, for the plaintiff.
was provided that in all cases of bankruptcy the constitute the sheriff his agent, and the sheriff Storer, solicitor, for the defendant.
solicitor should be entitled to receive his costs, cannot, if he receive notice of a bankruptcy peti. This was an issue directed to be tried, under a charges and exponses, out of the estate, from the tion, within fourteen days, pay over the amount trader debtor summons, between Lewis Hand, trustee ; and that is one of the first payments to of the debt to the creditor. Consequently, if solicitor, 22, Coleman-street, London, and Louis be made by the trustee. before paying over the money to the judgment Kaufmann, of 15, Market-street, Manchester, His HONOUR—The question here is whether & creditor, the sheriff have notice of the filing of a with reference to certain bills of exchange, which person under liquidation is not entitled to employ bankruptcy petition within the time prescribed having been accepted by the defendant, were now
and bound to pay the solicitor whom he and his by the 87th section of the Bankruptoy Act 1869, overdue. The bills, in respect of which the defen. trustee think it necessary to consult for the pur. the creditor must refund : (Ex parte Brooke, re dant was alleged to be liable were drawn on the pose of aiding the winding-up of the estate. It is Hassall, 29 L. T. Rep. N. S. 653. Bank.)
14th March 1873, by Messrs. Neumann, Gingold, a question between Mr. Hand and the firm who WORKMEN'S Wages-ORDER FOR PAYMENT OF and Co. merchants, London, for the sums of £150 employed him, Messrs, Neumann, Gingold, and - PROSPECTIVE COSTS-DUTY OF TRUSTEE.- and £164, being directed to and accepted by Co., for the purpose of protecting their interests. The effect of an order directing a trustee to set Kaufmann, payable to the order of the said Neu- Storer submitted that Mr. Hand could only apart a certain sum for the payment of certain mann, Gingold, and Co. five months and six months claim as against these bills for the amount of his preferential claims, is to sever that amount from respectively after date, and indorsed ty them to costs
incurred prior to the filing of the petition. the debtor's estate, and the trustee cannot delay the plaintiff.
Mr. Dubois's claim, however, might be added to the payment thereof merely upon the ground that Taylor stated the facts, from which it appeared the amount, Mr. Hand having made himself rethe balance in his hands will be insufficient to that the plaintiff was, on the 25th April, 1873, sponsible for it; but with regard to all subsequent meet prospective costs : (Ex parte Powis, re consulted by Messrs. Neumann, Gingold, and Co. | legitimate charges, the estate of Neumann, Gingold, Bowen, 29 L. T. Rep. N. S. 655. Bank.)
who were in difficulties, with reference to their and Co. was liable. Their trustee was the person affairs. He told them that before he could con. to sue upon these bills, and not Mr. Hand.
sent to act for them he should require as security His HONOUR (who did not call upon Mr. Taylor COURT OF BANKRUPTCY.
a sum of £300. The liabilities of the firm were for a reply), in giving judgment, said it appeared Monday, Jan. 12.
heavy, amounting, he believed, to over £300,000. from the evidence that £154 was received by Mr. (Before Mr. Registrar HAZLITT).
Mr. Neumann and Mr. Gingold both said that Neumann from the defendant in part payment of Re MURE. they were without ready money, but were pre- the composition due to his firm under
the latter's pared to hand over “good bills" to the amount liquidation; and the I O U given by Mr. Neumann Discharge-Examination not passed, but good required if he would take them. To this he con- for the amount was by arrangement to have been dividend paid.
sented, and undertook the winding-up of their returned on payment of the balance. That bills This was an application by William Thomas affairs. They endorsed to him the bills in ques. of exchange were given there could be no question; Henry Strange Mure, distiller and spirit mer. tion, one of which—that for £155—he paid to his the only question was, in respect of what were chant, of the Three Mills Distillery, West Ham, bankers, but it was dishonoured. He did not, they given? Were they given in respect of the trading under the firms of Metcalf and Co., and knowing what had been the fate of the first, ten balance of the original debt, or in respect of Mure and Co., for an order of discharge.
der them the second. At the time when the bills some fresh consideration in the way of sending Finlay Knight appeared in support of the were endorsed to witness, he knew nothing of the goods, which consideration was never complied application.
circumstances under which it was said they had with ? Mr. Storer had argued that, by reason Layton (Nash, Field, and Co.) for the trustee. been accepted. The plaintiff had incurred lia of the composition having been paid as it was,
It would seem that, in the autumn of 1871, the bilities on account of Messrs. Neumann and Co. by the giving of the IO U, and the promise to bankrupt left this country and proceeded to Aug. in reliance on the security of these bills. pay the balance between £154 and £212, the tralia, where he is now living. An adjudication Kaufmann had suspended payment in November matter stood precisely as it would have done having been obtained, the trustee administered 1872, being indebted to Neumann and Co., and had supposing the original arrangement to have been the property, and dividends amounting to 15s. 6d. paid 2s. 6d. in the pound, having promised to pay carried out. He (the judge) was entirely of a in the pound were paid. At a meeting of the Neumann and Co. in full, according to the plain contrary opinion. The balance in question never creditors, recently held, it was resolved to accept tiff's contention which promise was the considera- was paid ; and the effect of the nonfulfilment of a proposal made by Col. W. R. Strange, the father tion for these bills, but according to the defen. the agreement was to revive the original debt. of the bankrupt, for the purchase from the trus. dant's contention the consideration for them was If it were material to the issue, he should hold, on tee, at the price of £700, of the debt due from Mr. the supply of goods to Kaufmann, which goods the evidence, that there was a perfectly good conG. S. Elliott under a contract dated Jan. 31, 1868, had never really been supplied. A part of Kauf. sideration as between Neumann, Gingold, and and for the payment of the sum of £300 for the mann's composition amounting to £154 had been Co., and Kaufmann in respect of these bills of purpose of replacing the £300 taken by the bank. paid to Neumann, for which the latter gave an exchange; but now came the question, even rapt with him when he left England; and the I. O. U., to be returned when the balance of the assuming that there was no consideration at all, creditors assented to the bankrupt applying to the composition was paid,
in what position did Mr. Hand stand? Was he court for an order of discharge. A difficulty Storer, addressing his Honour for the defence, the holder of the bills without consideration ? arose, however, in carrying out the wishes of the argued that Kaufmann's indebtedness to Messrs. Mr. Storer appeared to have confounded the ques. bankrupt and his creditors, in consequence of the Neumann, Gingold, and Co, at the time of his tion as it arose between Mr. Hand and Kauf. bankrupt's absence, and the fact that that he had filing his petition was satisfied by the payment mann with the question that would have presented not passed his examination.
of the £154, being part of the composition, and itself supposing Mr. Hand to have been going Knight contended that there was nothing the promise of extended time for payment of the against Neumann's estate. That was
not the in the statute which placed any limitation upon balance. The bills were not paid in any sense in position of matters. Mr. Hand came forward as the mode of applying for an order of discharge, satisfaction of that balance, therefore it followed the holder of two bills of exchange, which bills and that the rules were directory merely and not that Kaufmann stood indebted to Messrs. Neu. were handed to him before an act of bankruptcy imperative. The case stood upon an entirely mann, Gingold, and Co., and he was still in was committed, and therefore, of course, before different basis under the old law. The Chief debted to the trustee of the estate, in the he could have had notice of an act of bankruptcy, Judge in the matter of Hine v. Anthony (14 S. J., amount which would make up the difference and the question was, was he a holder for 656), where application was made for the appoint between the £154 and the composition arranged value in respect of those bills? The facts ment of a sitting for discharge before the exami. to be paid. Mr. Neumann said that the only were that, some days prior to the filing of their nation had been passed, said there seemed to be consideration for giving these bills on the petition, Messrs. Neumann, Gingold, and Co., no objection to the appointment of a sitting, and part of Kaufmann on the 14th March 1873, was consulted him with reference to their affairs. Mr.
Hand said, "Your estate is large, and as the ex. tors, the proper costs incurred in relation to such dismissed at the trial before Mr. Justice Black. pense of winding-up will be considerable, I cannot proceedings shall be paid by the trustees under burn, who commented severely upon the ground. undertake it unless I have cash in hand.” Having the bankruptcy out of the debtor's estate, unless lessness of the charges, and ordered the petino cash, they gave him the bills in question, the court shall otherwise order.” Should be tioners to pay the costs. Several municipal saying, “You will be able to raise upon them all paid without application to the court, unless election petitions were tried before barristers the money you want." Was that, or was it not, a the court otherwise orders : (Re Stow, Law specially appointed under the recent Act, with legitimate transaction ? Was it contrary to the TIMES, vol. li., p. 52.) I have also to refer you to varying results. At Birmingham the petitioner policy of the bankrupt laws ? Surely not; it was Ex parte Tomlynson, re Boyce (3 D. F. & J. 745) ; failed because the judge refused to invalidate a bona fide and lawful agreement; and the con- and_Ex parte Shar, (1 De G. 242). Since twenty-nine voting papers as to which the returnsideration-namely, that he was to manage their the Bankruptcy Act 1869 has been passed an im- ing officer had made a mistake somewhat analogous affairs ander the liquidation-given for the bulls portant case has been decided, which bears a strong to that which gave Mr. Rylands his seat for War. was a perfectly good and valid consideration. analogy to the present one: (Ex parte Page, re rington. At Blackburn the returning officer's Then, had he any further liabilities? He had. Springall, 25 L. T. Rep. N. S. 716.) The Chief Judge counting of the votes was held conclusive, the He was liable to Mr. Dubois, the accountant, for there said, “Where petition for liquidation and result being. to put the petitioner in a majority £148; and he had likewise incurred with other two petitions for bankruptcy costs to be paid in of two, which the respondent contended was parties liabilities to the extent of something like following order :-1, receiver in liquidation; 2, due to miscalculation. At Barnstaple the suc. 270 or £80; and if he had to continue acting for receiver in bankruptcy ; 3, solicitor in liquidation; cessful candidates unseated for their Mr. Neumann, in consultation with the trustee 4, solicitor to first petitioning creditor ; 5, solicitor agents' misconduct, but at Blackburn the and other parties interested in the estate, he of trustee in bankruptcy; 6, solicitor of second charges failed, and the respondents held their would incur still further liabilities. He (the petitioning creditor.". And Rule 113 provides own. Parliamentary petitions are pending against judge) held that, under all the circumstances, Mr. that"in case any joint estate of any bankrupts the return of Sir Henry James for Taunton, Hand was, in the strictest terms, a holder for shall be insufficient to pay any costs or charges and Mr. Mills for Exeter, while Mr. Gladstone's value of these bills; and, whatever his position as necessarily incurred in respect of the same the right to sit for Greenwich after accepting a regarded the estate of Mr. Neumann, the simple court, on application of the trustee, may order fresh office of profit has yet to be determined. question was, had he or had he not, being such such costs to be paid out of the separate estates Mr. Mikles, a magistrate at Cork, was sentenced holder for value, any good claim against Kauf. of such bankrupts, or one or any of them; and to a week's imprisonment for the newly created mann, the acceptor of the bills ? Most clearly he vice versa may order costs necessarily incurred offence of violating the secrecy of the ballot-box. had. He had a perfectly good title to recover from any separate estate, if the same were incurred Next in order, as of political as well as legal upon them; and judgment would therefore be for with reasonable probability of benefit to the joint interest, may be mentioned the failure of the the amount claimed-namely, £315, with costs. estate, to be paid out of such joint estate." The prosecutions of the Roman Catholic priests in
liquidation charges should be paid out of either of culpated by Mr. Justice Keogh's famous judg
the estatos-joint or several. I ask in the terms ment on the Galway petition. The trials of SWANSEA COUNTY COURT.
of the notice filed that the costs and charges of Fathers Loftus and Quinn proved abortive Thursday, Jan. 8.
Mr. Warwick, as certified by the allocatur of the through the jurors' disagreement, and Bishop (Before T. FALCONER, Esq., Judge.)
registrar, be paid out of the bankruptcy estates. Durgan, the third defendant, was triumphantly
Glascodine.-The liquidation proceedings were acquitted, whereupon the remaining prosecutions Re PERKINS. quite irregular.
were precipitately abandoned. With much diffi. Liquidation-Receiver's costs-- Subsequent bank. His HONOUR.-Mr. Clifton's contention is that culty, and after more than one unsuccessful effort,
ruptcy-Liability of trustee-Bankruptcy Act the liquidation proceedings were quite regular. O'Kelly, a Fenian, was convicted of shooting with 1869, S. 103.
Glascodine.- Your Honour has already decided intent to murder in the streets of Dublin. But In this case a bankruptcy petition was presented that the liquidation proceedings were wrong against this must be set the verdicts obtained by against one F. Perkins, and he was adjudicated ab initio. A petition in bankruptcy was presented the plaintiffs in the actions against the Marquis of bankrupt. The bankrupt was in partnership with against F. Perkins, and he was adjudicated bank. Hartington and other officials for assaults com. R. W. Perkins, and subsequently to the bank rupt on 12th Oct. 1871. That bankruptcy is still mitted during the Phænix Park riots, and the apraptcy of the former, the firm presented a petition subsisting. Some time in that month or November, plication of Redding, one
of the liberated Fenian for liquidation by arrangement (sects. 125 and 126). the two Perkins (F. and R. W.) filed a petition convicts, who moved the English Court of Queen's Resolutions were passed, but his Honour on motion for liquidation after the first meeting of credi. Bench for a criminal information against the refused to register them. A bankruptcy petition tors in F. Perkins's bankruptcy and trustee ap- medical officers of Chatham Convict Prison, whom was then presented against R. W. Perkins, and pointed. By this proceeding the two Perkins he accused of gross and wanton cruelty. As might he was also adjudicated bankrupt. While liquida- hoped to throw aside the bankruptcy proceeding have been expected, the charge proved utterly tion proceedings (partnership) were pending, one against F. Perkins, and supersede it by joint groundless, and the rule was discharged with costs. Warwick was appointed receiver. The question action. Bankruptcy may be turned into liquida. The judges of assize who inflicted well-merited now to be debated was, whether the costs of this tion, but bankruptcy is not to be superseded by punishment on the Belfast rioters were so roughly gentleman were to be paid out of the bankruptcy liquidation on action of debtor. Your Honour assailed in the columns of the Ulster Examiner, assets in priority, or whether he was to prove as a has already decided in Jan. 1872, that the liquide that the editor was visited with a fine of £250 and creditor in the bankruptcy, and receive dividend tion was simply void. It was never intended that three months' imprisonment for gross contempt of pro rata with other creditors.
proceedings should be superseded in this way. court. And though Father O'Keefe has not enClifton for Warwick, receiver in liquidation. Clifton.- I see no reason why it could not be tirely failed in his stalwart contest with Cardinal Glascodine, solicitor, trustee under two bank. done by the partner.
Cullen and the Irish Education Commissioners, he ruptcies opposing.
Glascodine.-Yes by the partner, but not jointly recovered only nominal damages against the Car. Clifton made the application, and read the notice. Your Honour decided that the resolutions in liqui- dinal, while his controversy with the Commissioners Glascodine.--I object to the application being 8th Feb. 1872. The two Perkins employ War. wanting in proofs of the law's glorious uncertainty.
dation should not be registered on my objection, is still undetermined. The year has not been made on account of informality. It does not wick, and Warwick's costs incurred by them were The suit brought by Mr. Peek to make the directors appertain to one of the two bankruptcies of which que from them. If F. Perkins employed him he of Overend and Gurney (Limited) responsible for I am trustee.
was bankrupt at the time. It cannot be payable heavy losses sustained through the failure of Clifton.-A day has been named by the registrar out of his bankruptcy. He could not allow a debt the company was dismissed by Lord Romilly befor the hearing of the motion, and the costs have to be contracted, even above all to have such cause, though the plaintiff had once had a combeen taxed by him.
priority. Suppose R. Perkins had done it. R. plete case, he had lost_his right to redress by Glascodine.-There are two bankruptcies and Perkins might well have gone to Warwick and ask delay. On appeal, the House of Lords held that one liquidation. The other side mixed them up. him to do these things. Ř. Perkins then owes the the delay was of no consequence, but that Mr.
His HONOUR.-I should like to have all the money to Warwick. Warwick's claim is good as Peek was wrong in suing the directors in equity facts before me.
against R. Perkins, and a debt due from him must instead of at law, and moreover, that he had no Clifton.-I shall read you the affidavit that is be proved against his estate in the ordinary way. case in either forum, as he had failed to connect his on the file. The costs have been taxed by the If it be payable in moieties each estate must bear taking of shares with the issue of the prospectus registrar. The liquidation is quite regular upon a share. I refer to General Rule 33, which is a which contained the misrepresentations he com. the face of it. The costs have been taxed in that rule in bankruptcy, and there is no corresponding plained of. In Parker v. Lewis, Malins, V.C., matter. The liquidation proceedings become rule in liquidation. The affidavit leading to the following his own decision in Gray v. Lewis, abortive, and two bankruptcy proceedings are appointment of receiver was read by the registrar. held certain directors of the National Bank anDOW subsisting. Mr. Glascodine is trustee under Glascodine.--I do not comment upon the appoint- swerable for a quarter of a million, lost through both those bankruptcies. The court has to in- ment, but upon the affidavit leading to that the manner in which Lafitte and Co. (Limited), quire whether these costs are properly payable. appointment-the means by which he was apo had been promoted. The National Bank had If no bankruptcy had supervened there would be pointed. I contend that the other side must prove accepted the first decision, and had paid this no doubt that these costs are payable. I shall, their debt against the bankruptcies.
enormous sum to the parties interested. On therefore, refer you to the last rules (1871) on the allow it, then let the question be discussed again. appeal, the full court reversed both decrees, hold. subject of liquidation and composition. Where It is not a proceeding in one of the bankruptcies ing that as both plaintiffs and defendants had lent in bankruptcy or liquidation a receiver or manager
as to entitle your Honour to make the order. themselves to a trilateral arrangement to deceive is continued as trustee, the remuneration of His HONOUR, recapitulating all the facts the Stock Exchange Committee," neither had any trustee at the rate determined on shall commence adduced before him, proceeded to state that as far claim against the others, nor had the bank any as from the date of his appointment as receiver as R. Perkins was concerned, it was a personal right to recover money which it had voluntarily or manager, and shall be assessed accordingly; expense against the persons affected by the liqui- paid. In Re The Bank of Hindustan, fc., Wickens, and no other than the aforesaid remuneration dation. R. Perkins was a party to it, and if there held an amalgamation with another bank to have shall be made to the trustee for his services as was any account it was between Warwick and R. been ultra vires and void, so that shareholders receiver or manager.” (Rule 6.) The next rule Perkins. On his becoming bankrupt Warwick's in the one institution were entitled to escape (7) provides for a state of things where the re- debt became a provable debt against his estate. scot free, leaving those iu the other to bear the ceiver is not continued as trustee : “Where the It must be proved in the second bankruptcy. It burdens falling on both. On appeal, this decision receiver or manager is not continued as trustee, cannot be charged in priority. Costs of the day was reversed, except as to a very small minority of or is continued as trustee, but without remunera- allowed to trustee.
proprietors, whose shares were forfeited before tion, he shall be allowed out of the estate such
their acceptance of shares in the amalgamated sum for his services as receiver or manager as the
concern. In Re Andrews the Court of Queen's taxing officer of the court shall, having regard to
Bench unwillingly followed its own precedents,and the views of the trustee and committee of inspec.
refused to order the infant child of a mixed mar. tion (if any), thereon think fit.” Upon those two
LITIGATION IN 1873.
riage to be given up to the Protestant mother, rules I base my claim. Mr. Glascodine wishes A WRITER in the standard says :—The only in opposition to the wish of a testamentary guar. Warwick to come in as a creditor. I beg to draw election petition heard during the year was that dian appointed by a Catholic father. In the your attention to the cases decided on the subject, against the return of Mr. Wait, the Conservative Court of Chancery a different decision was and to the 292nd rule: "Where bankruptcy member for Gloucester, against whom bribery, arrived at after a very patient hearing, before occurs pending proceedings for or towards liqui. personation, and other offences were alleged, only Vice-Chancellor Malins. In the famous Mor. dation by arrangement or composition with credi. ' to be completely disproved and ignominiously daunt case, the House of Lords has taken time to
consider the effect of the respondent's insanity six circuits, on each of which two judges go twice promises, while Sir Henry James had 970, the upon the petitioner's cight to proceed, so long as a year and we shall probably soon require a class of voters which comprised the former cum that insanity continues. And their Lordships' winter assize in Belfast and Cork), and thus the ber being in the higher class of life, while those have, in like manner, postponed their decision as circuit arrangements should be modified; but, in of the latter were of the lower. It was, he to what constitutes an invitation to alight from a addition, the Exchequer, and indeed, each of the stated, a fact that though the last election was railway carriage..a moot point, raised in the Common Law Courts, has an exclusive jurisdiction conducted under the provisions of the Ballot Act, long-pending suit of Bridges v. North London which precludes judges of one court from dis- yet there was far more drunkenness than had ever Railway Company.
charging the functions of another. Thus it some previously existed in the borough. He then said Among other noticeable examples of litigation times happens that we have to wait out of term that he should be able to prove that there had we may notice the cases of Dent v. Nicholls, and for some time to obtain an order in a bail motion been a great amount of bribery and corrupt treatMaynard v. Eaton, which may be taken to have from a judge of the Queen's Bench, or an order ing in No. 3 district, which could be traced to finally established the rule that a purchaser of under the 4 & 5 Will. 4, c. 92, from a Common Thomas Burman, a saddler, who had been apshares, whether jobber or investor, is answerable Pleas Justice. The absolute as well as relative pointed the respondent's expenses agent, through to his vendor if he gives, as transferee, an infant, duties of the judges of all the Superior Courts James Rollings, jun., who acted under Burman's an idiot, or other person under legal 'disability are considerable, and each year increasing. Several directions. Rollings was one of the secret com. In Dawkins v. Lord Rokeby, the Court of Ex- late Acts have vastly increased their duties-for mittee men, and was in the habit of addressing chequer Chamber decided that no action will lie instance, the Act which transferred the trial of each evening during the canvass the lowest class against a military officer for a report as to the election petitions from committees of the House of voters in the borough in order to obtain their conduct of a subordinate, made in the course of of Commons to the courts of law—the Land Act interest for the respondent. He should be able to his duty to higher authorities, even if the defa- of 1870, which has given rise to much circuit prove that a Mr. H. Poole, who had been described matory statements complained of were made mali. business, and requires the attendance of a majority by Serjeant Ballantime in the 1868 inquiry, as "& ciously, unreasonably, and causelessly. It should of the judges in the Court for Land Cases Re- corrupt agent of the worst kind,” and that men be remembered that this is simply an annuncia- served, and which indirectly, by its influence in named Toogood, Gorier, and Taylor, the latter tion of the law, not a decision apon the merits of increasing the available wealth of the country being the secretary of the Liberal Association, who the particular controversy by which it was evoked. and in discouraging emigration, is each year in acted in the interest and with the knowledge of
The maritime trials of the year have included creasing the amount of litigation. We need hardly the respondent, had been guilty of bribery and an inquiry at Liverpool-instituted at the request, refer to the report of the commissioners in 1862, treating. Between 2 and 3 o'clock on the day of and resulting in the complete vindication of, who reported against diminishing the number of the polling—the 13th Oct.-it was believed by Sir Messrs. Ismay, Imrie, and Co.-with reference to judges. But we venture to say that in anticipa- A. Slade's supporters that he had polled seventy. the equipment of the Atlantic, a fine vessel, which tion of a Judicature Bill for Ireland in a few years, five votes more than the respondent, and the went down when near her destination, causing a
and the necessary changes to be then introduced, latter even considered that his opponent was at loss of several hundred lives. Re The Northfleet, it would be a piece of wanton extravagance to the head of the poll, although by a smaller number Board of Trade and Admiralty proceedings alike alter and re-model the present system to found of votes. Soon after that time both the candihave proved that the original accounts of the one which could necessarily only exist for two or dates were seen going about the borough to bring catastrophe were pretty nearly correct, and have three years. The Profession and the public showed up voters who remained unpolled, and it was a reended in the seizure, condemnation, and sale of
a fatal apathy in the matter of the vacancy in the markable fact that many who had adopted rosettes the Murillo. The Judge of the Admiralty Court Landed Estates' Court; but yet the Government and ribands in the morning-buff being the Liberal refused to recognise the Khedive of Egypt as a
did not proceed with their proposed Bill to render and blue the Conservative colour — were seen Sovereign Prince who could not be sued before a further appointment unnecessary, and we trust mixed together and voting for the respondent. ordinary tribunals. Mr. Plimsoll defeated Mr. they may yet, by a combined effort, be induced to Between two and three o'clock a man named Norwood's attempt to obtain a criminal infor-fill up the vacancies, and thus preserve for Ireland Small appeared on the scene, and from that time mation for libels contained in his celebrated pam- the complete advantages
of, perhaps, the most it was alleged that money was flying about and phlet on Our Seamen,” but civil actions are
excellent institutions we owe to the English con. drink freely dispensed at the instance of the understood to be still pending at the instance of nection. Economy is most wise when wisely pur- respondent's agents and supporters. At the close Messrs. Norwood and Gourley. The agitation sued, and this limitation, we think, would be of the poll there appeared 899 votes for the which Mr. Plimsoll set on foot has caused, or broken through if anything were done to impair respondent and 812 for Sir A. Slade. The learned been followed by, the detention and condemna- the strength and symmetry of our legal system, counsel then criticised the expenses account, its tion of many vessels as unseaworthy, and magis. or to alienate the feelings of the most enlightened amount being about £850, and said that its im. trates have so often held sailors justified in refus. and influential members of the community.–Irish portance depended not upon the items included in ing to sail in unsafe vessels, that their champion's Law Times.
it, but upon those which did not appear, and that labours have not been altogether in vain.
no mention was made of Burman's expenses, who TAUNTON ELECTION PETITION.—The inquiry consequently must have looked to some other
into the petition against the return of the reward for his services, and took exception to the THE IRISH COURT OF EXCHEQUER. Attorney-General (Sir Henry James) was com- omission in the account of the respondent's hotel It is not our custom to canvass the merits and menced on Tuesday morning by Mr. Justice expenses. The personation agents-four of whom claims of candidates for positions, judicial or Grove, at the Shire Hall, amid manifestations of were paid ten guineas each, and two eight guineasotherwise, in Ireland. When appointments have great interest. Mr. Charles Ruşsell, Q.C., Mr. it appeared, did not personally know the voters as been made we criticise them honestly, and express W. G. Harrison, and Mr. Collins appeared for the they ought to have done, and were attorneys from a our opinion of the choice of the Government. petitioners; Mr. Sergeant Ballantine, Mr. Har distance, and it was alleged, therefore, that their em. But within the last few weeks a strange contro dinge Giffard, Q.C., and Mr. J. O. Griffits for the ployment was colourable. The learned counsel then versy has arisen concerning the vacancy in the respondent.–Mr. Charles Russell opened the case intimated that he should call William Smith, who Court of Exchequer. The lamented death of the for the petitioners, stating that the petition would prove that he was in difficulties in the early Chief Baron Pigot took place at a time when no derived great importance from the fact of the part of 1873, and that he received assistance from appointment could possibly be made, and when it Attorney General being the respondent. He Rollings on condition of his supporting Mr. James, was not necessary that there should be any haste alleged that the return was brought about by and that he further received money from Small in the matter. Some of our contemporaries, how. corrupt means, and that the petition charged and another person, and that he bribed several ever, inferred that the Government have deter. bribery, corrupt treating, and general bribery and voters with it. The respondent's agents had mined not to appoint another judge, but to pro- treating by and on behalf of the respondent such endeavoured to get a declaration from Smith that mote an existing one, and thus to diminish the as to void the election. With regard to past he had never received any money for his own vote judicial staff of the Bench. This inference was elections at Taunton, he stated that before the or for any other purpose, and had ultimately strongly supported by a certain article in the the late Reform Act the constituency was 900, succeeded under pressure. Mr. Russell gave the Times, which, whether inspired or not, was pro- and after it 1900, and though there was a large names of several voters, among many others who bably intended to try the feelings of the public Conservative element in the county of Somerset- were alleged to have been bribed and treated, and on the subject; and we trust that the response it shire, yet, as a rule, Liberal members had been said that he should be able to trace some of the elicited from all quarters in Ireland, and from the generally returned for the borough. After re- payments to Burman, the respondent's agent ; most influential and (which is more important ferring to the frequent petitions at Taunton, and others to Rollings, who was acting under Barman's independent papers in London, will show that if the large number of persons alleged to have been directions; and that to some voters small pay, the Government ever intended to act in the treated and bribed at former elections, he called ments had been made for distributing bills, and manner shadowed forth above, they would not attention to the fact that those persons who at promises of 10s. if they voted for the respondent. receive the support of any section in Ireland, and the last trial at Taunton had been acting in the The names of nine gentlemen were given as would be strongly opposed even in England. For interests of the then respondent-Serjeant Cox- examples of those who were alleged to have bribed ourselves we bave not hitherto noticed the sub- were now partisans of the respondent, and and treated many voters. After stating that he ject, because we do not believe that any Govern. how the change bad been brought about was oxonerated the respondent from all charges of ment would attempt, during the Parliamentary a question which the learned judge would have personal bribery, treating, or undue influence, the recess, of its own motion, to make such a change to consider-viz., whether it was conversion or learned counsel for the petitioners resumed his as to permanently reduce the number of judges in corruption. At the former petition, when recrimi. seat, having spoken for three hours. a Superior Court from four to three judges. This natory charges were made by Serjeant Cox against THE LATE MR. OKE.-At the Mansion House on would be clearly unconstitutional, in the best sense the then petitioner, and now respondent, they Saturday last the Lord Mayor, on taking his seat, of that term, clearly inexpedient in the present were not gone into, and although Sergeant Cox addressing Mr. Gore, the assistant clerk of the state of business, and we had almost said im- was ordered to pay the costs of the petition, yet justice-room, took occasion to refer to the sudden possible, from the duties to be performed by each they never were paid, and the order of Mr. Justice death on the previous day of Mr. Oke, who had member of the court. It is unnecessary to add Blackburn to that effect had never been acted on, long filled the office of Chief Clerk there. He that it would in some sense be a breach of faith and the petitioner never claimed them. The could not, he said, help publicly expressing his with those who by custom have a right to consider learned counsel then suggested that this occurred deep regret at the sad and sudden event. So themselves entitled to promotion. When we say in consequence of an agreement between Serjeant recently as the previous Monday the deceased was that to reduce the number of judges from four to Cox and the now respondent that if the former discharging his duties in the justice-room, and three in each court would be unconstitutional, were not obliged to pay the costs he should not now he was no more. He felt bound to say that we do not mean that it would be illegal or im- pursue the recriminatory charges against the he and his predecessors in the mayoralty had fron possible--the prerogative is doubtless strong latter. After alluding to the respondent's canvass time to time received very great assistance on the enough for greater interference-but we do say in September of last year, Mr. Russell stated that bench from the legal knowledge and advice of Mr. that without a radical change in the circuits, and there was a strong feeling in the borough against Oke, and probably great difficulty would be exin the method of transacting business, suitors Sir H. James at that time, inasmuch as he was perienced in finding one worthy to fill his place. would be prevented from enforcing their rights supposed to have gained his seat in 1868 not by He was a man of considerable ability, and his and remedying their wrongs, and so the great votes, but by a legal contrivance, and that, in many published works on legal subjects and their charter itself would be broken-“We will not addition, he had combat some change of feeling large circulation testified not only to his great deny or delay to any man justice or right.” That on the part of many voters because of the Con- industry and capacity, but also to the respect in it would be inexpedient, even in a political sense, servative reaction. He then stated that the which his name was held by the legal Profession. no one can deny who is acquainted with the state number of votes in the constituency was about Great confidence had been reposed in him as their of business and society in this country. We have '1852, and that of these Sir Alfred Siade had 989 legal adviser both by previous Lord Mayors and himself, in consideration of his experience and TIThE RENTCHARGES.-The average value of under circumstances of unexampled harshness, sound judgment. Personally, he felt his loss very £100 tithe rentcharge for the thirty-eight years and from motives of doubtful disinterestedness, acutely, and he availed himself of that opportunity elapsed, since the passing of the Tithe Commuta- the step must also be defended upon grounds not of publicly referring to the event.
tion Act, is 16s. 5d. For the year 1874, each only untenable, but, one cannot bnt believe, un DEATH OF THE CROWN SOLICITOR FOR £100 of tithe rentcharge will amount to the sum tenable to the knowledge of those who pretended COUNTY Down.-Mr. Ross Tod, Crown Solicitor of £112 78. 3d.
them. But the transaction would not have been for County Down, died suddenly on Tuesday EDUCATION.—At the recent Middlesex Sessions thoroughly Ministerial unless disingenuousness night. for this month, the calendar contained the names
has been added to its demerits. The Lord AdvoMERIONETHSHIRE QUARTER SESSIONS.—The of 112 prisoners, 19 of whom were committed for cate, who advised the course taken by Mr. Lowe Marquis of Londonderry has been elected the mis demeanor, and 93 for felony. Of these 112 in the matter, and upon whom a large share of the chairman in succession to the late Mr. Meredith prisoners, 20 cannot read nor write, 15 can read, discredit must devolve, based his advice princiRichards, deeeased. 70 can read and write imperfectly, and one only pally on the allegation that the Court of Session
had no power to appoint a substitute under the THE NEW. SHERIFF FOR LANARKSHIRE.-A possesses a superior education. telegraphic dispatch from Glasgow states that a It is announced from Washington that President circumstances in question, but that an Act of communication was received yesterday by Sheriff Grant has withdrawn his nomination of Mr. Caleb Parliament would be necessary legally to effect substitute William Gillespie Dickson, from the Cushing for the Chief Justiceship
Supreme the substitution; and this statement again was Home Office, appointing him sheriff principal of Court, in consequence of the discovery in the supported by the alleged precedent of Sir Walter the county, in the room of the late Henry Glass. " rebel” archives of a letter proving his intimate Scott and the shrievalty of Selkirkshire, in ford Bell , Esq. Mr. Dickson was senior sheriff . connection with the Government of Jefferson whose such an Act was passed. The argument
was inconclusive at best; for there was no reason substitute, and is the author of a work, entitled Davis. "The Law of Evidence."
LICENSING PRACTICE.-At the Surrey Quarter passed, and it would have been only graceful in
why an Act of Parliament should not have been LAND TRANSFER.-"A Victim" complains in Sessions, Mr. M. D. Scott, on Monday last, suc
Mr. Young, under the circumstances, to have sugthe Times as follows: "A plot of land was lately ceeded in carrying a motion that “No applicant gested it. But, such as the argument was, Mr. given for the erection of a class room in conneo- shall be required to attend before the court of Lowe relied upon it in his answer to Mr. Bell's tion with a national school. The
site, according confirmation
very to the requirements of the Committee of Council opposed.” The attendance, unless the confirma- preamble of the Act declares its irrelevance as a on Education, was valued at £15; the cost of conveyance, &c., was nearly £25, that is £10 more than but involved much expense
and great loss of time. Sheriff of the county of Selkirk is incapacitated the value of the land conveyed; surveyor's fees, CENTRAL CRIMINAL COURT.-The January | by disease from performing any of the functions £2 28.; solicitor's fees for obtaining signatures of Session which opened on Monday, the 12th inst. of his office or appointing any substitute for their patrons, 25; stamps and parchment, and parch. was presided over by Baron Pigott and Mr. Justice performance,' implying plainly that it was only ment for copy, 5s.; fee for bishop's signature, Honyman, The calendar included one charge of Sir Walter Scott's then condition of mental £2 28. ; fees and stamps on indenture, £3 5s. 6d. ; murder, namely, that of William Parker, charged aberration that precluded an alternative which agent's charges, £2 138.; postage and parcels, 5s. ; with wilfully killing two of his children at Wap- would have rendered
legislation unnecessary, and solicitor's fees (returned as donation), £8 88.-ping. Six persons were charged with feloniously glaringly distinguishing the case from that of total, £24 15s. 6d.”
wounding, and there were eleven cases of robbery (Mr. Bell, who was able, and had declared himself LEGAL PRSOPECTS.-In less than nine months with violence.
willing, to appoint a substitute ? If Mr. Lowe the Judicature Act, according to existing ar- Scotch LAW OFFICES.-Mr. Henry Glassford had read this statute before he quoted it against rangements, comes into operation. The public Bell, Sheriff of Lanarkshire for the last thirty- Mr.
Bell what are we to think of his candour ? If and the legal Profession are anxious to know what four years, became in the early part of November he had not read it, and refused an application on has been done to meet the exigencies of the new last temporarily incapacitated by illness from
per the strength of a statute which he had not conorder of things. The Judicature Commission has forming his duties. A painful disease from which sulted, what are we to think of his sense of duty taken evidence and issued reports more or less he had long been suffering had at last assumed so and responsibility? But enough; the thing is useful in the preparation of the Bill on which the aggravated a shape as to render an operation now done, and the Ministry have refuted our Act was founded. The Legal Offices Commission necessary, and after this had been performed his former assertion that there was no blunder left is now sitting, and has taken a large mass
of evi- medical attendants recommended an interval of for them to commit. There was one-to alienate dence, and procured the nomination by the Chan- two or three months' rest, but certified that at the people of Scotland-and they have comcellor of a committee of officials of the Court of the expiration of that time he would be able to mitted it.” Chancery to assist its labours. We do not be resume efficiently the discharge of his duties. lieve, however, that the report of this commission Under these circumstances Mr. Bell applied to will be of much value to the Chancellor and the the Court of Session to appoint a substitute to
LAW STUDENTS' JOURNAL, judges. Almost every witness who has been undertake the performance of his functions during examined has been unable to explain to the com- this period. The court showed no disinclination COUNCIL OF LEGAL EDUCATION. missioners the nature and exact value of the seve- to comply with his request, but the Crown, which,
HILARY EDUCATIONAL TERM, 1874. ral Chancery offices under review. The laborious as patron of the office, had been duly informed of PROSPECTUS of the LECTURES of the Professors, painstaking of the commissioners is highly praise-it, craved delay to consider it during the vacaworthy. It will at least be a satisfaction to the tion. In the meantime it was suggested that The Professor of Jurisprudence will deliver the
and of the classes of the tutors. Government which appointed them to know Mr. Bell should apply to the Home Secre
following courses of lectures during the ensuing that they have hitherto done their best to tary, for three months' leave of absence,
educational term :arrive at a knowledge of legal and technical which he accordingly did. His application set phrases which in the mouths of the wit forth in full the whole details of the case,
JURISPRUDENCE. as household words, but to the pointed out that his medical advisers had certified
1. The contents of a code, or complete and uninitiated misleading, or perhaps wholly want that the three months' leave of absence would Systematised Body of Laws. meaning. Baron Bramwell, with the most honest restore his capacity for his post, and himself
2. General History of the French Codes. intentions, cannot expect to overrule and direct offered to “make suitable provision for the
3. Laws of Ownership. the views of his colleagues in every instance. remuneration” of such qualified persons as the
4. Laws of Contract. Lord Lisgar, the able chairman, does his best to court might think proper to appoint to exercise
5. Laws of Civil Injuries. understand the technical evidence brought before the office of sheriff in the interim. On Tuesday,
6. Laws affecting Special Classes of Persons him. Mr. Law is too much imbued with the spirit the 6th Jan. Mr. Lowe's reply came back. It was
(Husband and Wife, Guardians, Trustees, &c.) of "retrenchment” to appreciate anything beyond to the effect that while the Home Secretary.“ fully
ROMAN CIVIL LAW. the fact that salaries are high, and that he must appreciated” the great value of Mr. Bell's long 1. History of Roman Law prior to Justinian. endeavour to reduce them by at least one-half. services, he is" compelled to say that the interests 2. General account of Justinian's Legislation. Mr. Trevelyan, who knows a little of every of the public service require his immediate 3. The “Paternal Power" in Ancient and thing, and expects speedy preferment, has a "cut resignation of his appointment.” The result of Modern Times. and slash” manner of interrogating a witness by his application was, perhaps, fortunately never 4. Roman and French Law of Marriage. means of a sort of indictment with several counts, known to Mr. Bell, as the reply only reached his 5. Roman and French Law of Adoption. ending in an invitation to the witness to plead house on the morning of his sudden and unex. 6. Roman and French Law of Guardianship. guilty or not guilty. Mr. West, elegant and seem- pected death from a paralytic stroke. The Pall.
JURISPRUDENCE AND INTERNATIONAL LAW, ingly careless of most things, and Mr. Rowsell, Mall Gazette says: Were this all that was known The Tator in Jurisprudence and International bland and precise, endeavour, but without avail, or suspected in reference to the case, it would be
Law, public and private, proposes to take the to exhibit to witnesses a knowledge they do not sufficient to account for the general indignation following subjects :possess. Three or four practical lawyers, with a which the conduct of the Home Office has aroused. like number of business men, would have come to The Glasgow Herald, a Liberal journal, well
Jurisprudence. the work knowing more than half the technical describes the situation—A public officer who had
1. The Province and Pervading Notions of facts as yet ascertained by the commission, and discharged with unexampled fidelity the most
Jurisprudence. would by this time have been in a position to re- onerous duties for thirty-four years, who had
2. 'The Growth of Law, including the History port to Parliament early in the session. Though never missed a day, who had no arrears (though
of Early Codes. the commissioners' report cannot be expected to there was no court in the kingdom in which arrears
3. The General Principles of Legislation. prove of any great value for the purposes of the would have been more excusable), is suddenly laid
(Text books : Austin's Jurisprudence, Sir H. Judicature Act, it will serve to inform the aside from duty by a severe and unexpected illness, Maine's Ancient Law and Village Communities, Treasury on a very large subject which has only In the first moments of his recovery he suggests
and Bentham par Dumont.) recently come under its jurisdiction. It will the appointment of a substitute; he promises to
Public International Law. enable the First Lord of the Treasury to impose provide for him to the full amount of his own 1. The Province, History, and Sources of Public apon those newly appointed to legal offices the salary, so that his appointment could cost the International Law. most galling and humiliating conditions, while public nothing; he produces the highest testi- 2. International Rights of States in their keeping within the letter
of his powers and taking mony that he is likely to be fully competent to Pacific Relations. Credit for doing all for the public benefit. What, discharge his duties at the end of the three (Text book: Wheaton's International Law. then, we ask, has been done to prepare for the months; and he has the universal witness of
Private International Law, operation of the Judicature Act in November Lanarkshire to the efficiency with which he has
1. The Province, Sources, and Maxims of Private next? What progress has been made by those discharged them. He is summarily dismissed International Law." intrusted with the compilation of the new rules of because the public service requires it, or, because 2. The Law of Domicil. procedure ? Is the legal profession as yet ac- his office is wanted.' The last words contain the
(Text book: Story's Conflict of Laws.) quainted with the nature of those rules? Kas the sting of the whole business; for it is commonly draft been printed and circulated ? Is such a said in Glasgow that Mr. Bell was to have been draft in existence ? Is it even sketched out ? removed to secure the patronage for the superior the following subjects :
The Tutor in Roman Law proposes to discuss Much has to be done, and the public await the law officer of the Government of Scotland. But, reply to these questions with a vague anxiety. - as though it were not enough that a meritorious THE SPECIAL CONTRACTS OF THE ROMAN LAW. Globe.
public servant should be driven from his post - The Formal Contracts; the so-called Real.