« EelmineJätka »
had a right to vote, and no one could stop him to re-enter it upon his application at a subsequent
MARITIME LAW. voting, but on a scrutiny his voto could be dis. election. Held, upon mandamus to compel the allowed as that of a pauper. The clerk said he insertion of his name in the list of voters, that
NOTES OF NEW DECISIONS. did not see that they need discuss the question, the third section gave a qualification quite distinct
SALVAGE DERELICT - ABANDONMENT BY and when pressed for an answer to the question, from that of the second; and that the mandamus
FIRST SALVORS-RIGHT TO REWARD-PRACTICE said he did not see anything illegal in the matter. must go : (Reg. v. Ward of Cheap, 29 L. T. Rep.
-EVIDENCE. - Where in & salvage cause the THE BALLOT.-A correspondent in the Times N. S. 842.Q. B.)
plaintiffs' petition states expenses to have been suggests that as the voting papers delivered to
incurred in rendering the services without stating electors are individually murked with the number
their amount and the defendants' answer admits of the elector claiming to vote, a sure record is REAL PROPERTY AND all the allegations of the petition, the High Court created of his voting, and access to such record
of Admiralty will not allow evidence to be called may be had in a variety of ways. It is suggested
by the plaintiff to show the amount of the ex. that some better plan is required to frustrate the
penges. If specific amounts are claimed they must chances of intimidation or of bribery, which were
NOTES OF NEW DECISIONS.
be pleaded so as to give the defendant the oppor. to have been destroyed by the ballot, and which DEVISE OF A MORTGAGED ESTATE-PAYMENT tunity of admitting or denying then. Semble, have been abolished according to popular belief. OF DEBTS-LEASEHOLDS-LOCKE KING'S ACT. that the court will, if necessary, amend the plead.
ELECTION PETITIONS.—By the Parliamentary -A testator directed that all his just debts should ings, allowing the plaintiffs to set forth the Elections Act (31 & 32 Vict. c. 125) a petition be paid out of a fund consisting of the moneys amounts, but giving the defendant time to admit against a member must be presented at the Rule arising from the sale of an estate devised in trust or deny such amounts. Where, in a salvage suit Office of the Common Pleas within twenty-one for sale and the residue of his personal estate. the dofendants admit all the allegations of faot days after the return has been made to the Clerk Held, that this direction was not a sufficient ex. in the plaintiff's petition, but deny the inferences of the Crown in Chancery, and if it alleges cor- pression of a contrary intention within the statute of fact made therefrom in the petition, the plain. rupt practices and payment since the return in 17 & 18 Vict. c. 113, as amended by 30' & 31 Vict. tiffs may call evidence to establish those infer. pursuance of such corrupt practices, then the c. 69, and therefore that the deviseos of certain ences. Where a steamship having taken in tow & petition must be presented within twenty-eightestates in mortgage were not entitled to have the vessel in distress, after towing her for some hours, days of such payment. At the time the petition mortgage debts paid out of the fund: (Gael v. on the weather getting worse and the lives of her is lodged, or within three days, security must be Fenwick, 29 L. T. Rep. N. S. 822. M. R.)
crev becoming endangered, takes the crew out of given for £1000 to pay costs, or the deposit of the SPECIFIC DEVISE-APPORTIONMENT OP RENTS. her and finally abandons her in a place where she money be made.
-The Apportionment Act 1870 applies to all is afterwards picked up by another vessel and wills coming into operation after the passing of taken into port, the owners, master, and crew of
the Act, whether made before the passing of the the steamship are entitled to salvage reward in MAGISTRATES' LAW. Act or not. A testator seised in fee, by a will respect of the lives so saved, but not in respect of
made prior to, but confirmed by a codicil made ship and cargo : (Eintracht, 29 L. T. Rep. N. S.
subsequently to, the passing of the Apportion. 851. Adm.) NOTES OF NEW DECISIONS.
ment Act 1870, devised his lands in the county of Poor Law-LIABILITY TO SUPPORT RELA. N. to A. for life, with remainders over, and died TIONS-CHILDREN-GRANDFATHER AND GRAND. between the two half-yearly days for payment of
COUNTY COURTS. CHILD.-The word "children” in 43 Eliz. c. 2, rent: Held, that the apportioned part of the rent s. 6, does not include grandchildren. A grand accruing between the last balf-yearly rent day,
NOTES OF NEW DECISIONS. child is therefore not bound to maintain his grand and the day of the death of the testator, formed father : (Maund v. Mason, 29 L. T. Rep. N. S. part of his general personal estate, and did not 30 & 31 VICT. C. 142, s. 14–JURISDICTION
COUNTY COURT ACTS, 28 & 29 Vict. c. 99, s. 9; 837. Q. B.).
go to his devisee: (Capron v. Capron, 29 L. T. TRANSFER OF CAUSE TO COURT OF CHANCERYQUARTER SESSIONS-PRACTICE-ENTRY AND Rep. N. S. 826. V.C.M.)
STRIKING OUT A CAUSE.-Plaintiff filed a plaint RESPITE OF APPEAL SUBJECT TO A CASE.- TRESPASS ON LAND-NOTICE TO QUIT PART OF for partition of a messuage, alleging bona fide by Quarter sessions granted an application to enter DEMISED PREMISES. – Defendant leased about the plaint that the messuage was under the value and respite these appeals against poor rates, sub- twenty acres of land for five years, at a yearly of £500. At the hearing the defendant brought ject to a case for the opinion of this court. The rent, from the owner in fee simple, under a memo. forward evidence proving that the messuage was court heard the arguments, but, after considera. randum of agreement, and immediately afterwards above the value of £500, and objected to the tion, and although no objection was raised by sub-let about six acres, part of the premises, to jurisdiction. The County Court Judge struck out either side, declined express an 'opinion in a another person on a yearly tenancy. At the concase reserved on such an order : (Reg. v. Sutton clusion of the term, defendant continued possess appeal, that the County Court Judge ought to
the cause, for want of jurisdiction : Held, on Coldfield, 29 L. T. Rep. N. S. 840. Q. B.) sion of the whole, and during the first year after have transferred the cause to the Court of ChanLICENSING ACT-SUPPLYING BEER TO A Con. the term expired the lessor conveyed to the
cery: (Thomson v. Flinn, 29 L. T. Rep. N. S. 829. STABLE ON DUTY.-Sect. 16 of the Licensirg Act plaintiff the six acres which the defendant had V.C. M.) 1872,35&36 Vict. c. 74) enacts that "if any licensed sub-let, and agreed with the plaintiff, but without person .. supplies any liquor or refreshment, the consent of the defendant, as to the amount INJUNCTION BEFORE DECREE-ORDER 1, RULE 8;
COUNTY COURT-ADMINISTRATION-EX PARTE whether by way of gift or sale, to any constable of rent to be apportioned to this part of the ORDER 12, RULE 1.-A. brought an action at law · on duty, unless by authority of some superior premises out of the ront which the defendant paid, against the executor de son tort of B. A plaint officer of such constable,” he shall be liable to a Although notice of the conveyance and agreed for the administration of B.'s estate was subsepenalty. The servant of a licensed person having apportionment of rent was afterwards given to quently filed in the County Court, and before a supplied to a constable in uniform and on duty a defendant, he never recognised plaintiff as his decree was pronounced the County Court granted certain quantity of brandy, in the ordinary course landlord, but continued to pay rent for the whole of business: Held, that the master was liable to premises to his lessor, who handed over the agreed law: Held, that the County Court Judge had no
an ex parte injunction, restraining the action at the penalty imposed by the statute, personal portion to plaintiff. knowledge on the part of the master not being notice to quit the sub-let premises six months power either to grant the injunction ex parte, or necessary to constitute the offence: (Mullins v. before the expiration of a year's tenancy; and the suit : (Nokes v. Gandy, 29 L. T. Rep. N. S. 828. Collins, 29 L. T. Rep. N. S. 838. Q. B.).
defendant forwarded this notice, with a further V.C.M.) REMOVAL OF INDICTMENT BY CERTIORARI- | notice to quit from himself, to his sub-tenant. At PRACTICE.-Sect. 5 of 16 & 17 Vict. c. 30, after the end of the year the sub-tenant gave up pos.
LIVERPOOL COUNTY COURT. reciting that "it is expedient to make further session of his premises to plaintiff, but the defen. provision for preventing the vexatious removal of dant wrote to the latter claiming
to hold the same
Wednesday, Feb. 11. indictmənts into the Court of Queen's Bench," as tenant to the original lessor, and requiring pos. (Before J. F. COLLIER, Esq., Judge.) enacts " that whenever any writ of certiorari to session. Defendant then did certain acts upon BAYLEY V. THE LANCASHIRE AND YORKSHIRE remove an indictment into the said court, shall the premises which had been in his sub-tenant's
RAILWAY COMPANY. be awarded at the instance of a defendant or occupation, for which plaintiff brought this action defendants, the recognizance now by law required of trespass. Held, that plaintiff's notice to
Personal luggage-Samples or patterns. to be entered into before the allowance of such defendant to quit part only of the premises de- Sutton for the plaintiff ; Bellringer for the dewrit shall contain the further provision following, mised to him was invalid; that his passing on the fendants. that is to say, that the defendant or defendants, notice to his tenant did not preclude his disputing
His HONOUR said-The facts of the case as I in wase he or they shall be convicted, shall pay to it; and that the action could not be maintained: find them are these :- The plaintiff, a commercial the prosecutor his costs incurred subsequent to (Prince v. Evans, 29 L. T. Rep. N. S. 835. Q. B.) traveller, reached the Exchange station of the the removal of such indictment," &c. This enact. EJECTMENT- PAROL EVIDENCE OF BOUN- Lancashire and Yorkshire Railway Company on ment is general in its application, and renders it DARIES.-In 1861 Burgess Plowman, a common
the morning of the 21st July last. He gave his unnecessary that the prosecutor, in order to be predecessor in title of both plaintiff and defen- luggage, consisting of a portmanteau, hatbox, and entitled to the payment of his costs, should be dant, being possessed of 27 rods of land, con.
bag, into the custody of one of the company's "the party grieved or injured,” as required by veyed to the defendant's predecessor in title servants, telling him it was for Nelson. The 5 & 6 Will. & M. c. 11, s. 3: (Reg. v. Oastler, 29 L. T. “all that piece of garden ground, containing by plaintiff then took a third class ticket for Nelson, Rep. N. S. 830. Q. B.)
estimation 20 rods, bounded on the south by and before getting into his carriage saw his portMUNICIPAL ELECTION—RIGHT TO VOTE AT other land, or garden ground belonging to the manteau on a truck near the luggage van of the WARD ELECTIONS-CHANGE OF PREMISES said Burgess Plowman." In 1866 the same Bur. train. He again told the porter in charge of the OCCUPATION.-By the City of London Municipal gess Plowman conveyed the residue of the pro truck that it was for Nelson. The portmanteau was Elections Amendment Act 1867, the right of perty to the plaintiff's predecessor in title, depot labelled or directed, but it had the first and voting for ward officers is given by sect. 2 to scribing it as “15 rods more or less ;" the result last letters of plaintiff's Christian and surname persons who shall, for a period of not less than being that if the measurement of the deed of 1861 engraved on a brass plate. It contained wearing twelve months previous to 1st Dec. in any year, was accurate, the defendant took under it 12 rods apparel, a number of sheets of paper, called in have been in the occupation of premises within instead af 26, while, if the measurement of the the particulars" samples,” but more properly the City. By sect. 3 every person on the register deed of 1866 was accurate, the plaintiff took under described as "patterns," which he was to use, of voters for the city of London in use at elections it 7 rods instead of 15. The plaintiff
brought and which were necessary for his use as a salesfor members to serve in Parliament, and then in ejectment for the 8 rods in dispute. Held, that
man for a commercial firm; it also contained his force, in respect of the occupation of pre- the parol evidence of Plowman was admissible to journey accounts and an account book or books. mises therein, shall be entitled to vote. show that he had conveyed 12 and not 20 rods by on the journey to Nelson the portmanteau was By sect. 6, before voting every person shall the deed of 1861 : (Jarvey v. Styring, 29 L. T. Rep. handed by a stranger out of a third class carriage declare that he is an occupier of premises N. S. 847. Ex.)
to the station master at an intermediate station, in the ward, and is on the list of voters entitled to
with the statement that a passenger to whom it vote. A man whose name was on the parliamen.
belonged had got out at a previous station. On tary list changed his occupation of premises for MARRIAGE LICENCES.—There were 9841 in the the plaintiff's arrival at Nelson it was missed, and that of others in the same ward. The alderman / year ending 31st March 1873, obtained in the it did not reach him until about a week after, and council of the ward, without notice to him, United Kingdom, and the stamp duty amounted when he found it at his own home at Liverpool, struck his name off the ward register, and refused' to £4920.
to which it had been brought by the railway company. At Nelson, the plaintiff expressed his E. Moore, of 2, Furnival’s-inn, appeared for the having with her besides smaller packages a intention of going on to Leeds, which was a place company.
hamper containing an antique punch bowl, a on his journey, and the station master at Nelson On the 4th July last, plaintiff, who had been to quantity of glass, and some eggs, cream, cheese, undertook to write for the portmanteau (there Newmarket races, took a through ticket from and vegetables. The hamper was labelled "glass was no telegraph) and to forward it to Leeds if | Newmarket to Birmingham. On the departure with care," and was handed to the porter and he got it. The plaintiff claims damages for his of the train he had with him a hat-box and a placed in the luggage van in the usual way; there detention at Leeds in consequence of the loss of portmanteaa, both of which he saw put into the was no attempt at concealment on the one hand, the portmanteau, resting his claim, as I read his train at Newmarket. He also stated that he saw nor was any question asked in the office, but the particulars, on his deprivation of the patterns them taken out of the van at Cambridge, and then hamper never reached its destination, and this and accounts; he also claims for wearing apparel | told a porter to take them over to the train for Bir- action is brought to recover £7 6s. 4d., the alleged which he was obliged to buy, and for a journey mingham. On arriving at Birmingham, he inquired value of its contents. That the plaintiff was only from Leeds to Livepool and back to fetch clean for the luggage, and only the hat-box could be found. entitled to take a certain amount of “ordinary clothes. I think I may at once dismiss these two He made several inquiries for the portmantean, personal luggage” free of charge was admitted, latter claims. In the first place, I do not think and also wrote a letter to the agent of the London and that punch bowls and wine glasses do not the particulars include wearing apparel; and in and North-Western Company, telling him that come within that category, but it was contended the second, the plaintiff cannot claim compensa. unless his portmanteau was sent to him at Liver. by Mr. Ellis on behalf of the plaintiff that a tion for wearing apparel which he retains. And pool by a certain day, he would have to buy some hamper in itself is not an ordinary receptacle I am of opinion that the journey to Liverpool clothes and linen, to supply the place of those in for personal luggage, and that the words "glass was too remote a result, if any, of the loss of the the lost portmanteau, and make a claim against with care upon the direction was equivalent portmanteau on which to found a claim against the company for the amount expended, and also to notice to the defendants that the hamper the company. It remains to be seen whether he charge them for his loss of time. The portmancontained something different from ordinary can recover in respect of detention of the samples teau was sent to Liverpool, but he had gone. He luggage, so that if they chose to waive the and accounts. It was contended that these eventually received the portmanteau back again, protection they are by law entitled to, and to articles were not ordinary or personal luggage, after a month's delay, and admitted that the permit an innocent passenger to take as per. and that the railway company were not bound to clothes were then in as good condition as when sonal luggage articles that they might have carry them, and were, therefore, not liable for he had first lost them. He now claimed £18 10s., objected to, they were liable as common carriers damage arising out of their loss or detention. the amount he had expended in buying new and insurers for the loss of the goods. In The company's Act of Parliament was not put clothes and linen, and also £6 10s. for his loss of the Great Northern Railway Company v. Shep. in. I shall therefore assume that the sections time and inconvenience caused to him by the herd (8 Ex. 30), Lord Wensleydale is reported relating to passengers’ luggage are to the same delay.
to have said: "If indeed they (the company) effect as those usually found in Railway Acts, viz., Moore, on behalf of the Great Eastern Railway had notice, or might have suspected from the that each passenger was allowed to take with him Company, contended, that as the portmanteau way in which the parcels were packed that his ordinary luggage, not exceeding certain weight, was not lost on that line, that company was pro- they did not contain personal luggage, then they free of charge. The question of what is and what tected by a condition in the published time-table ought to have objected to carry them, and again, is not personal or ordinary luggage has received (and to which the ticket referred), which was to if the plaintiff had carried those articles exposed, much consideration in the cases, amongst others, the effect, “that as the through booking of pas- or had packed them in the shape of merchandize of Cahill v. The London and North-Western Rail: sengers to stations off their own line, is only an so that the company might have known what they way Company (13 C. B., N. S., 818), Phelps v. The arrangement made for the greater convenience of were, and they had chosen to treat them as per. London and North-Western Railway Company the passengers, they, the company, would not sonal luggage, and carry them without demanding (19 C. B., N. S., 322), and Macrow v. The Great hold themselves liable for any delay, loss, or any extra remuneration, they would have been Western Railway Company (6 L. Rep. Q. B. 612). injury arising off their own line.” He also con responsible for the loss; and also, if the company In Phelps v. The London and North-Western Rail. tended that the London and North-Western Com. chose to allow a passenger to carry a greater way Company, which is in many respects an pany, on whose line the delay occurred, were not weight than he was entitled to they would be analogous case to this, it was held that title deeds | liable for the damages claimed, inasmuch as the liable.” The question raised in this case is one and securities conveyed by an attorney in his portmanteau had been sent after the plaintiff to of some nicety, but after the consideration I portmanteau were not personal luggage. In that Liverpool in accordance with his instructions, and have been able to give it, I arrive at the concase Erle, C.J. says: “It is agreed on all hands that even if there had been any delay, the dam clusion that if there be any trickery or conthat it is impossible to draw any well-defined line ages were such as the plaintiff could not recover. cealment on the part of a passenger, and he tries as to what is and what is not necessary or ordi. He had received his clothes again in perfect con- to evade a trifling payment by taking as personal nary luggage for a traveller. But the general dition, as admitted by him, and in any event luggage what ought to be paid for, he forfeits all habits and wants of mankind must be taken to be would have had to buy some new clothes, although claim for redress if the goods are lost; but that in the mind of the carrier when he receives a not perhaps quite so soon. He bought the clothes in the absence of concealment, and when the attenpassenger for conveyance, and the law makes at his own risk and expense. The claim for loss tion of the officials is challenged either by the him responsible for all such things as may fairly of time, he contended, could not be recovered, nature of the packages, the partial exposure of its be carried by the passenger for his personal and quoted several cases in support of his argu contents or something on the direction, it is the use.” In Macrow v. The Great Western Railway ment.
duty of the carrier to make inquiry. In Macrow Company, Cockburn, C.J. says: “ We hold the After hearing Kitchener in reply,
v. Great Western Railway Company (6 Q. B. 618), true rule to be that whatever the passenger His HONOUR held, that as the portmanteau and Cockburn, C.J. said: “The law is now too firmly takes with him for his personal use or con- its content had been found and returned to the settled to admit of being shaken that the liability venience, according
to the habits or wants of the plaintiff in good condition, the plaintiff was not en- of common carriers in respect of articles passed particular class to which he belongs, either with titled to recover from the company the money he as passenger's luggage in that of carriers of goods reference to the immediate necessities or to the had laid out in new clothes and linen. He knew as distinguished
from that of carriers of pasultimate purpose of the journey, must be con- of no case where a man had recovered after having sengers.” And the liability of carriers I find thus sidered personal luggage ;” and he goes on to taken his portmanteau back again. On the autho- defined in Walker v. Jackson (10 M. & W. 168), instance the gun or the fishing-rod of the sports. rity of the cases quoted by the solicitor for the where Parke, B. says: "I take it now to be per man, the easel of the artist, the books of the company, he should also hold that he could not fectly well understood that if anything is delivered student, &c. In both these cases the learned recover for his loss of time. As to the point to a person to be carried, it is the duty of the judges, while giving a liberal interpretation
to the raised, as to whether the condition in the time- person receiving it to ask such questions about it meaning of personal luggage, confine it to articles table protected the Great Eastern Railway Com- as may be necessary; if he ask no questions,
and intended for the personal use of the traveller; pany, it would not be necessary then to decide there be no fraud, to give the case a false com. and there I think the line must be drawn, that that. He gave
plexion, on the delivery of the parcel he is bound is to say, between articles intended for personal Judgment for the defendants but without costs. to carry the parcel as it is.” It is the duty of the use, and articles connected with trade or com.
person who receives it to ask questions, if they merce. If not, the liabilities of railway com
are answered improperly so as to deceive him, panies would be incalculable, and a wide door
WIGAN COUNTY COURT.
then there is no contract between the parties; it is would be opened to fraud. We must consider
Wednesday, Feb. 4.
a fraud which vitiates the contract altogether. what was in the contemplation of the parties. It would be a great strain upon the ordinary in.
(Before J. W. HARDEN, Esq., Judge.)
But there is no imputation of fraud or conceal.
ment; the defendants have been less watchful than terpretation of words, and upon common sense,
TURNER V. LONDON AND NORTH-WESTERN
they might have been, and must make good the to hold that a company contracting to carry a
RA LWAY COMPANY.
loss. I think, however, that an extra price has man and his ordinary luggage contracted to carry Railway company-Passenger's luggage. been put upon the goblets in respect of their samples which might be of almost priceless value, Mrs. TURNER sued the London and North. being old family friends, and I assess the damages and account books, the loss of which could hardly Western Railway Company for £7 6s. 4d., the at £5 5s. be compensated by money. For these reasons I value of the contents of a hamper, which had been think that the samples and accounts, on the lost by the company. detention of which this case is founded, do not Ellis appeared for the plaintiff.
BANKRUPTCY LAW. come within the definition of ordinary or personal Parlerson for the defendants. luggage, and my judgment is for the defendants. It appeared that plaintiff was travelling to COURT OF APPEAL IN CHANCERY. Although the sum claimed in this case is small, I Wigan in June last, and had with her two boxes have thought it desirable to consider the subject and a hamper. When she arrived at Wigan the
Friday, Feb. 13. at some length, as it is one of great importance hamper was missing, and had never since been
(Before the LORD CHANCELLOR (Selborne) and both to railway companies and to the public. heard of. The hamper contained a quantity of
the LORDS JUSTICES.) glass and other things, which were intended by
Ex parte IZARD; Re Cook. plaintiff as presents for her Wigan friends.
Act of bankruptcy-Assignment. NEWMARKET COUNTY COURT.
The defendants admitted the loss of the hamper, This was an appeal by the trustee under the Monday, Jan. 26.
but contended that the contents were not " per liquidation of William Cook and John Cook, two (Before EDMOND BEALES, Esq., M.A., Judge.)
sonal luggago,” and therefore they were not brothers, who were grocers at Reading, from the BRAHAM V. THE GREAT EASTERN RAILWAY responsible for the loss.
refusal of Mr. Registrar Murray, acting as Chief Ellis contended that the articles came within Judge in Bankruptcy, to declare that a certain COMPANY.
the definition “personal luggage;" and further deed, executed by the debtors on the 5th April Carriers of passengers-Delay in carriage of lug: that, as the hamper was labelled "glass, with 1873, was void as against the trustee, under the
gage-Damages—Loss off the booking company's care," the company had notice of its contents, and liquidation. In April 1868, the debtors purchased line.
had accepted the hamper as personal luggage, and the grocery business. In Nov. and Dec. 1870, This was an action brought by the plaintiff, who were therefore bound to take proper care of it. Aaron Cook, the father of the debtors, advanced is a commercial traveller, residing at Birmingham, A number of cases were cited on both sides, them two sums of £80 and £170, and in July to recover the sum of £25 for damages sustained His HONOUR reserved his decision.
and Aug. 1870, Robert Cook, the debtors' brother, by him, through alleged delay to a portmanteau. His HONOUR.-In this case the plaintiff took a advanced them two sums of £100 and £150. On
Kitchener, instructed by Fallows, of Birming. ticket in the usual way to be conveyed by the the 29th Aug. 1870, an agreement in writing was ham, appeared for the plaintiff.
defendants' railway from Stamford to Wigan, entered into between the debtors and Aaron Cook
and Robert Cook. This document contained a £65, a cheque (which he had received from a by Bateson, Robinson, and Morris, appeared for recital that Aaron and Robert Cook had already customer) for £26 3s. 6d., and three £5 Bank of the bank. advanced £500 to the debtors to enable them to England notes (thus making up £106 3s. 6d.). His HONOUR, who had reserved his judgment, carry on their business, and that the debtors re- The rest of the debt was paid by Binns to the now said :-I am opinion that the documents quired further advances; and it was agreed that, sheriff's officer, but not till after Hassall's liqui. signed by Maxwell and Co. were declarations of in consideration of the advances already made dation petition had been filed. On the 28th July trust under which they undertook as trustees of and of further advances to be made, the debtors the sheriff's officer banded over all that he had the bank to hold the rice for the bank and to pay would on demand assign the business carried on received to Brooke and Sons' solicitor. Mean. the proceeds to the bank in discharge of the bills by them to Aaron and Robert Cook, together while, on the 26th July, an interim order had on the goods unsold. Maxwell and Co. as trus. with the lease of the premises in which the busi, been made by the County Court restraining tees, with a power of disposition, were, I think, ness was carried on (which lease was deposited further proceedings in the action against Hassall, the true owners of the rice. That it was in the with Aaron and Robert Cook by way of equitable and this order was served on the sheriff's officer possession, order, and disposition of the bankrupt charge to secure the due observance of the agree. the same day. The judge of the County Court at the time of the bankruptcy is not disputed. ment), as also the fixtures, stock.in-trade, and decided that the bill, the cheque, and the notes Taking the facts as set forth in that statement, I book debts, so that Aaron and Robert Cook were the property of the trustee under the am unable to distinguish this case from that of Ex might be able to carry on the business either liquidation for the benefit of the creditors parte Watkins, re Couston (sup.) (L. Rep.8 Ch. App. in their own names or in the name of W. and generally, and this order was affirmed by the 520). I do not think that any reputation of ownerJ. Cook. If the debtors should repay the £500, Chief Judge. Messrs. Brooke and Sons appealed. ship attached to the bankrupt's possession of the and also the further advances with interest, the The Court of Appeal allowed some new evidence to rice, and this being so, I must hold that it did not agreement was to be void; but if the debtors be adduced, and to-day Mr. Edward Brooke was pass to his trustee. The rice being trust proshould not pay what was due, an inventory and examined, and stated that on the 25th July his firm perty did not pass to Maxwell and Co.'s trustee valuation of the property was to be made, and told the sheriff's officer that they consented to in bankruptcy, and having been sold by arrangepayment of the purchase-money and valuation, or take what he had received from Hassall in part ment between the parties, that is to say, by somethe balance thereof (if any), was to be made in the payment of their debt.
one acting on behalf of Maxwell and Co., the promanner agreed to by the parties, or otherwise De Gex, Q.C. and Finlay Knight, were heard ceeds are the property of the bank. The costs upon valuation, according to the custom of the on behalf of the appellants.
will come out of the estate. The next and only trade. It was also agreed that Aaron and Robert Little, Q.C. and Winslow, Q.C., supported the remaining question to be considered is whether Cook should retain the debtors in the manage order of the Chief Judge.
the bankrupt was at the time of the bankruptcy ment of the business at a salary. The lease was The LORD CHANCELLOR said the evidence given, the reputed owner of these goods, for if this in. afterwards deposited. In March 1873 the debtors coupled with the probabilities of the case, was gredient is absent the title of the trustee fails. became embarrassed. A demand of an assignment sufficient to show that the creditors had accepted This question was not argued on the first occaaccording to the agreement was served on them what the sheriff had received from Hassall in part sion when the case came before me, and my imby Aaron and Robert Cook. A valuation of the payment before the petition was filed. That pression was that the reputed ownership of the lease, business, fixtures, stock-in-trade, and book being so, there was no seizure by the sheriff, and bankrupt was admitted ; on this, however, being debts, was made on the 4th April at the sum of the provisions of sects. 6 and 87 of the Bank- strenuously denied, I suggested that it should be £683 10s. The debt, with interest, amounted to ruptcy Act 1869, did not apply. There was suff. argued on a future day, and that has now been £560. The balance of £123 10s. was paid by cient pressure by the creditors to support the done on a statement of facts agreed upon by both Aaron and Robert Cook to the debtors, and an payment, and they were entitled to retain what sides. assignment of the property was executed on the they had received. The order of the Chief Judge 5th April 1873. This deed included all the must therefore be altered. This point as to the
SALFORD COUNTY COURT. debtors' property except some furniture valued at absent of the creditors was not made the leading (Before J. A. RUSSELL, Esq., Q,C., Judge.) £30, for which Aaron and Robert Cook also paid. point in the argument before him or in that before Possession of the premises of the stock was given the County Court judge, and very possibly both
Wednesday, Feb. 11. to them, and shortly afterwards a circular was those judges would have arrived at the same con
Re MORRISSY; Ex parte TAYLOR. senditor the wholesale firms who were the principal clusion as this count if the argument before them Bankruptores dictionarietime of cotereditors the transfer of the business. The £123 10s, and The LORDS JUSTICES concurred.
T., a creditor, claimed £250 “at the least" under the £30 were employed by the debtors in paying
an unfulfilled agreement. At a meeting of two of their creditors. On the 16th April the LIVERPOOL BANKRUPTCY COURT.
creditors, at which the solicitor for the debtor debtors filed their petition, and stated their debts at more than £1800 and their assets as nil. The
(Before J. F. COLLIER, Esq., Judge.)
presided, proof of this debt was refused, and
the creditor's proxy was ejected from the room. registrar refused to declare the deed of the 5th
Friday, Feb. 13.
Held, on application to register the resoluApril void. The trustee appealed.
Re HILL AND SMITH.
tion passed at this eting, that proof of T.'s De Gex, Q.C. and Finlay Knight argued for the Banlıruptcy Act 1869, sect. 15—Reputed ownership. debt ought to have been accepted : Re Bufile (42 appellant.
Held, that goods in the order and disposition of L.J., N. S. 82, Bank.); also, that the resolutions Roxburgh, Q.C. and Colt supported the order of bankrupt at the date of bankruptcy are not in his passed at a properly constituted meeting of the Registrar.
reputed ownership where it is a custom in the creditors are only provisional, and that the Lord Justice MELLISH delivered the judgment particular trade for the purchaser of goods to ejection of T.'s proxy rendered the proceedings of the court, to the effect that the deed of the 5th leave them with the vendor until required.
at the meeting in question null and void. April was not rendered void either by the Bank. Ex parte Watkins, re Couston and Co. (28 L. T. Registration refused. ruptcy Act or by the Bills of Sale Act. Under the Rep. N. S. 793) followed.
S. Taylor (barrister), instructed by Vaughan, agreement of August 1870, no right to the pro- This was a motion under the bankruptcy of this the solicitor to the creditor T. perty agreed to be assigned (except the lease) firm, rice cleaners and merchants in Liverpool. Jordan (barrister) instructed by Hampson, the passed either at law or in equity, until demand. Mr. Samuel B. Hill was the only representative of solicitor to the debtor. When the demand was made, an immediate right the firm, and he absconded in September last. An In this case it appeared that the debtor had filed in equity to the property agreed to be assigned as adjudication of bankruptcy ensued, and Mr.Banner his petition under the 125th and 126th sections of a security accrued. The agreement, therefore, was chosen trustee. The present motion on his the Act, and that a meeting of creditors had been after demand became a valid equitable security on behalf involved a sum of between £4000 and summoned, to be held at the offices of a Mr. the property of the debtors. The agreement of £5000. The circumstances were these :--The firm Hampson, the solicitor of the debtor. No notice August 1870, was not itself, as the evidence of Hill and Smith were in the habit of importing of this had been sent to the Messrs. Taylor, with showed, a mere security for a then existing debt; large quantities of rice, and Messrs. James Maxwhom the debtor Morrissy, had entered into a the £250 advanced by Robert Cook was really well and Co. acted as their brokers, the National contract for certain alterations and additions to advanced on the faith of the agreement. That Bank being the bankers. The course of business dwelling-houses in Regent-road, Salford, Feb. agreement gave to Aaron and Robert Cook a good between the
parties was for the bankrupt firm, 1873,
and who failed to carry out such contract, equitable security upon all the property comprised on the arrival of a cargo of rice, to warehouse it but they by their proxy attended the first meeting in the deed of April 1873, and that being so, it was either in the dock warehouse or those of a private and tendered a proof, in which they claimed “the impossible to say that the deed itself was an act of individual, in the name of Messrs. Maxwell, the sum of £250 ‘at the least'" for money due to bankruptcy. Its effect
was only to convey the bankrupt firm drawing upon Messrs. Maxwell for them from the said Morrissy under the agreement legal estate in the leasehold property and to fur- an amount equal to the value of the cargo, and above referred to, and for the breach or non-pernish a record of the completion of the transaction. discounting the bills with the National Bank, formance of such agreement by the said Morrissy. The beneficial interest was already in Aaron and giving the latter a letter of hypothecation on the The solicitor to the debtor objected to the proof, Robert Cook. There was no evasion of the Bills cargo. In the month of July last the bankrupt and also to the proxy being present, and to the of Sale Act, for possession of the property was firm imported 12,756 bags of rice, for which bills examination of the debtor, and on his declining given on the execution of the deed. On the whole, amounting to £9300 were drawn in the manner to leave the meeting ejected him by force. Notice therefore, the judgment of the Registrar ought to described, and letters of hypothecation were given to register & resolution passed at this meeting be affirmed; but, as the circumstances of the to the bank. Other transactions in relation to was given to Messrs. Taylor. case were very suspicious and required investiga- 10,835 bags of rice took place between the parties, Taylor contended that first there was no tion, no order would be made as to the costs of and on the maturity of the bills drawn they were meeting, as the chairman was not elected by a the appeal.
renewed, and fresh letters of hypothecation given majority of the creditors, or those claiming to be
to the bank. In the months of July and Aug. last, creditors present. Secondly, that the proper Ex parte BROOKE ; Re HASSALL.
after the letters of hypothecation had been given, course would have been for the chairman to have Execution creditor-Part payment of debt by the bankrupt, without the knowledge or consent left the registrar to deal with the objections,
debtor when sherif in possession-Liquidation of the bank, obtained from Maxwell and Co. de- and that the chairman had no such power, and petition-Right of trustee to securities and livery orders for certain portions of the rice in cited the case of Ex parte Bufie, re Drummelow money handed to sheriff by debtor.
the warehouses mentioned in the letters of hypo (42 L. J. Rep. N. S. 82, Bank.), as an authority for This was an appeal from a decision of the Chief thecation, and removed it to his mill in Edmund the proposition, that where a creditor in respect Judge in Bankruptcy. On the 26th July 1873, street for the purpose of cleaning, a process of a breach of contract will pledge his oath that John Mills Hassall, a cloth miller at Huddersfield, necessary before sale. On the rice being cleaned there is so much at least, due he is entitled to vote filed a liquidation petition. Messrs. Brooke and it was replaced in sacks and set aside in a sepa- in respect of that sam. He also contended that Sons had a short time before recovered judgment rate part of the mill distinct from the other rice. the vote at a properly constituted meeting was against him for £169 4s. 2d. in an action upon The bankrupt, in fraud of the bank, as only a provisional one, and liable to be altered two bills of exchange. They had also recovered alleged, disposed of a large quantity of this rice, or reversed on the registration of the resolution. judgment against a Mr. Binns, who was also and the residue in the warehouse at the date of Jordan, on the other hand, contended that liable upon the same bills. Execution was issued, the bankruptcy were sold, and the proceeds held the case was governed by sect. 16, sub-sect. 3, of and Hassall, who expected that a levy would be by the trustee to abide the decision of the court the Bankruptcy Act, and that the case cited was made on his goods, called on the shoriff's officer as to the rights of the parties.
in reality in his favour. on the 24th July and said that he hoped to be able Butler, instructed by Hull, Stone, and Fletcher, His Honour ruled that the creditors were en. to pay soon; and the same afternoon he gave to appeared for the trustee.
titled to vote in respect of the sum as to which the sheriff's officer a good bill of exchange for W. Thompson (of the Chancery Bar), instructed 'they had pledged their oath ; that the vote was a
provisional one, and that the proceedings in con
FEE STAMPS.-The increase in the year which sequence of the ejection of the proxy were a nullity.
ended on the 31st March 1873, was £34,617 comHe rejected the motion for registration of the LORD ST. LEONARDS. This venerable legal pared with the preceding year. resolution, with costs. Peer and author completed his 94th year of age
RACEHORSE DUTY.-The decrease in this duty on the 12th inst., and is in the enjoyment of his for the year ending 31st March 1873, was £801, WANDSWORTH COUNTY COURT. faculties and health.
compared with the year 1872, when the amount Tuesday, Feb. 10.
CHANCERY ORDER.—The Lord Chancellor has was £9521.
made an order that the Chancery Easter Vacation JUDGE DWINELLE, of San Francisco, it is said, (Before H. J. STONOR, Esq., Judge.)
shall commence on the 2nd of April and terminate recently fined a whole jury 5 dols. each for being Re LANDON (an Infant); Ex parte HODGSON. on the 11th of the same month, both days inclu- five minutes late, and the next morning he was bility of infants under the present Bankrup sive.
half an hour late himself. Act (1869).
An order appeared in the London Gazette of CRUELTY TO ANIMALS. - A Liverpool dog Thompson appeared for the petitioning creditor. Tuesday last, fixing the tables of fees to be taken fancier has been sentenced to two months' im. Pearce for the debtor.
on and after the 2nd of March next by the officers prisonment with hard labour for having conveyed His HONOUR.- This was a petition for adjudi. of the
Court of Probate in the Principal and Dis. by railway, from Liverpool to London, seven dogs oation in bankruptcy against Sidney Clark Landon, trict Registries thereof.
in a closed box, and without sufficient ventilation, an infant under the age of twenty-one years, by A BILL has passed in the United States Senate, so that the animals were suffocated, after injuring Annie Hodgson, also an infant under twenty-one which authorises the employment of a secretary, themselves by endeavoaring to escape. years, by her next friend, John Hodgson, under at a salary not exceeding 2500 dols., to assist RAILWAY LAW.-A writer in the Times states the following circumstances :—The debtor was any Federal judge who, by reason of physical that having applied for a new season ticket, the robbed on the Brighton racecourse of his watch, infirmity, is unable, in the opinion of the Attorney directors of the Brighton Railway Company and, subsequently meeting the petitioner, gave General, to perform his judicial duties without have insisted qpon the applicant's signature of her in charge of a policeman, who brought her such assistance.
the following clause as a condition precedent to before a magistrate, by whom she was committed We observe that one of the members of the Bar, such renewal, viz., “That the company are not for trial at the next borough sessions, but ad. Mr. Locock Webb, who ca forward as a candi. to be liable for any stoppage, hindrance, or mitted to bail. The defendant subsequently dis date in the recent general election was spoken of delay in respect to the starting, speed, or arrival covered that he was mistaken, and withdrew the in a number of the daily papers as a Queen's Coan. of any train, whether arising from any accident, charge at the sessions. The petitioner brought sel. This description is incorrect. The learned negligence, or any other cause.
The question her action in the Common Pleas for false imprison. gentleman although he has been in a leading posi. seems to merit the notice of the Railway Com. ment; the defendant appeared but did not defend, tion as a "junior" for a considerable number of missioners, as it is one which affects the public. and on an inquisition in pursuance of a writ of years is not only not a Q. C. but he was not even
THE NEW COUNTY COURT JUDGE.-The Lord trial, recovered £320 damages and costs. It does among the recent applicants for "silk."
Chancellor has selected as the successor to Mr. W. not appear by the writ of trial whether the CHURCH PROPERTY. — The reversion of the Raines, who was appointed judge of County defendant appeared by guardian or next friend, patronage of St. Mary's Church, Kirkdale, Courts in the East, West, and North Ridings in or in person, or by attorney, and counsel weré Liverpool, was recently offered for sale by 1847—and held the office until his death a few unable to inform me as to the fact. If he did not auction. There was a large attendance, the an. days ago-Mr. Chapman Barber, of the Chancery appear by guardian or next friend it was error in nouncement of the sale having caused consider. Bar, with whose name the public has been long fact, and the court will order all the proceedings able interest. On behalf of the vendors £500 was familiarised by the reports of the Tichborne case. to be set aside, and defendant to appear by offered, and no advance was made upon this price Mr. Barber is, by his long experience and very guardian : (Carr v. Cooper, 4 L. T. fiep. N. S. 323.) for some time. At last, however, a local solicitor considerable ability, fully qualified to discharge For the present I am bound to assume that all offered £510, and this being the highest bid the the duties of a judge of County Courts, but it is things were rightly done, and that there is a valid reversion was “knocked down” to him for that singular that he should have been called to the subsisting judgment for damages and costs against sum.
Bar at the same time in 1833 as his predecessor, the debtor, and the question I have to decide, and CAMBRIDGE.- The Regius Professor of Civil who held office for twenty-seven years. The apwhich I am told has never yet been raised under Law gives notice that the examination for the pointment to a judicial office of a gentleman who the existing bankruptcy law, is whether the degree of Master of Law required of all persons has reached the age at which many judges begin infancy of the debtor, which has been proved desirous to take that degree, except graduates in to think of retiring is remarkable.—Globe. before me, is a bar to his being adjudicated a the Law Tripos, will be held on two more occa- JUDICIAL SALARIES IN AMERICA.—The question bankrupt.' Before the Bankruptcy Act of 1861, sions only in the subjects now required-the Com. of judicial compensation is before the General only traders could be made bankrupt, and by the mentaries of Gaius and the 4th Book of the Com. Assembly, and has elicited the usual diversity of law of England no infant could trade, and it was mentaries of Blackstone. The dates of these views. Messrs. Newmyer, Brockway and McCor. consequently held that an adjudication of bank. examinations will be 24th March and 11th Dec. mick take a proper view of the subject, whileothers ruptcy against an infant was not only voidable 1874. After the last mentioned date all candidates seem to think it better to keep the judges on but void. See the cases of Rex. v. Cole (1 Raym. for the degree of LL.M. will be examined at the short pay. The experience brought to notice in 443); Ex parte Sidebottom (1 Atk. 146); Ex parte time of the Law Tripos only in each year, and the sad death of the ex-Chief Justice last week Adam (1 V. & B. 494), and Belton v. Hodges (9 will be required to satisfy the examiners in the leads us to some reflections on the case of the Bing. 365). Although under some circumstances three following papers :-1. Passages for transla- judges of our highest tribunal, which appear per. the court refused to supersede bankruptcies in tion taken from the sources of Roman Law, parti. tinent to the question in hand. Here we have the which proceedings bad taken place: (Ex parte cularly from Gaius, Ulpian, Justinian, and some caso of a lawyer of great ability and ripe exMoule, 14 Ves. 602 ; Ex parte Watson, 16 Ves. 265; specified portion of the Digest. 2. Questions on perience, who had been trained for the position he and other cases.) But under the Act of 1861 "Alí Roman Law and its History. 3. English Criminal assumed by six years upon the Bench. From debtors, whether traders or not, are made subject to Law.
the moment he took his seat he was prepared for its provisions” sect. 69; and it was held by that A LEGAL PUZZLE.—The death of the celebrated the full performance of his duties; and by the eminent judge in bankruptcy, Mr. Serjt. Wheeler, Siamese twins has caused the following curious united testimony of his professional brethren, in the County Court of Liverpool, in Re Smedley reflections on the part of a lay contemporary : “It shown in our columns, he did perform them faith. (10 L. T. Rep. N.S. 432), that an infant, whether a is a very fortunate thing that the Siamese twins fully and well. Setting aside the unpleasanttrader or not, was liable to the operation of the were law-abiding citizens. Had they not been ness of the spectacle of one who had filled bankruptcy law under the Act of 1861 ; and that they would have given the authorities no end of so exalted a position, doffing the ermine and decision was approved of and followed by the trouble. In fact, it seems to us that they could coming down as it were into the
Arena of commissioners of the London Court of Bankruptcy have committed all sorts of crime with impunity, forensic strife, a matter in our opinion of in Re Purser (19 L. T. Rep. N. S. 23). By the had they been so inclined. If Chang had com- great moment, as it affects the dignity of the present Bankruptcy Act, 1869, sect. 6, all persons, mitted an assault, how would it have been possible Bench and the maintenance of that proper respect non-traders as well as traders, are likewise liable to have arrested him without arresting Eng also, which should surround the justice seat; there are to be adjudicated bankrupts for any debts due by and had Eng been entirely innocent of all partici- other considerations, of great weight, that bear them, and, a fortiori, for debts dne by them upon pation in the affair, why should he have been upon the question. Recurring to our example, we judgments recovered against them in actions of arrested ? In order to panish the guilty, it would find that Judge Thompson, after fifteen years of tort, like the present, and there is no exception have been necessary to punish the innocent also; duty on the Bench'of the Supreme Court, was very in the Act as to infants. I therefore think that and locking up Chang would have included locking little if at all improved in circumstances, and was the petitioner is entitled to an order of adjudica- up Eng. We do not see any way out of the di. obliged to resume practice under all the disadvan. tion against the debtor if he appeared by guardian lemma that would have arisen except a temporary tages consequent upon such a sudden change or next friend, or in the event of his not having one; that is the confining of Eng as a witness. of function, from the judge to the advocate. so appeared if he does not take steps to set aside But when it came to punishing the guilty party, Now it is manifest that if this accomplished the judgment now recorded against him without justice would have been nonplussed, for the lawyer had remained at the Bar, and had been delay. I propose to adjourn the hearing of this law does not permit an innocent party to suffer employed in one-fourth the number of cases petition until it has been ascertained whether the for crimes he has not committed. "If Eng, on the which he was during his long service obliged to defendant appeared by guardian or next friend. other hand, had perpetrated a murder, he could master, so as to decide them; at the lowest If he did so appear, adjudication will pass at never have been hanged, no matter how strong rate of legal remuneration in ordinary cases, once ; if not, I shall further adjourn the hearing and conclusive the evidence had been against his emoluments would have exceeded four-fold until he has had an opportuuity to set the judg. him. He could not have been imprisoned for life, the whole amount paid him as salary. Why ment aside. If he succeed in setting the judg. for in these instances it would have necessitated should this be so ? If it be the duty, of the ment aside, the present petition will be dismissed the death or the life-long confinement of the un. State to furnish judges equal to the task to be without costs, if he fail, adjudication will then offending Chang, who, having a separate identity, performed, it should be likewise a duty, to be pass.
Adjourned to the next court. could have obtained a writ of habeas corpus, enforced by the self respect of the people, to pay Feb. 17.--An affidavit was handed to the court and demanded his liberty. Had one of these a fair remuneration for their services. When the showing that the debtor in this case had appeared twins been a rogue, he would have, there- late Chief Justice laid off his robes of office, by his next frienà in the action, and thereupon fore, caused no end of embarrassment to the although he had no tepable legal claim upon the adjudication passed.
officers of justice. If Chang were drunk and Commonwealth, there is no question in our minds
disorderly in the streets, what policeman could that, on a fair adjustment in foro conscientiæ, if The repeal of the American bankruptcy law is have arrested him without laying himself open to such could have been had, a large balance would still before Congress, bat definite action is not yet a charge of false imprisonment from the unoffend. have appeared to his credit. In this view of the taken, or even foreshadowed. The discussion of ing Eng? Had these twins been evil-minded, and case it is manifest that the amounts reported by the Army Appropriation Bill brings up the ques. conscious of the perplexities they could have the committee, 9000 dols.
for Chief Justice, and tion of reduction, and much testimony has been originated, there is no knowing what might have 8000 dols. for 'the associates, are not up to the taken,
the drift of which seems to be that a re- happened. The law would have been powerless, mark; but as the present General Assembly, is duction of the standing army would be inju. for vice must have triumphed and virtue been not the body to which the final adjustment of this dicious at this day. But yet there is a spasm oppressed, or, virtue triumphed and vice gone matter is committed, we would advise all who feel of economy upon the party that has lavishly unpunished. Twins of this description are by an interest in the subject to bear it in mind when squandered millions, which requires some penny no means desirable under such possible contin. I the next selection of representatives is to be mado. wisdom to alleviate it. gencies.
- Philadelphia Legal Intelligencer.
MR. PALLES, the Irish Attorney-General, has MALE SERVANTS.-On the 1st Jan. 1874 the lished. That is probably true, yet it is not exactly accepted the vacant office of Chief Baron of the duty on the male servants of hotel keepers ceased to the point. The question is not whether it is Exchequer.
The loss to the revenue is estimated at £30,000 generally right and proper for an illustrated paper ADULTERATION.-Out of 212 samples of tobacco annually.
to publish such portraits as it may deem of analysed by the Inland Revenue Board in the MR RAFFLES, the Liverpool stipendiary magis interest to its readers, but whether such portraits year 1872, 129 samples were adulterated. Out of trate, had before him a charge against a cab. may be rightfully and properly published in de26 parcels of snuff only one was proved to be man for being drunk and assaulting the police. biance of the expressed will of their prototypes. adulterated.
One of the policemen admitted charging the pri- | It would certainly be a most interesting case for a AMERICAN THIEVES.-Five armed highwaymen soner with knowing more “about a jackass than court of law.--New York Times, robbed the stage coach near Hot Springs, in a horse;" and Mr. Raffles wished it to be underArkansas, on 15th Jan. The robbers opened the derstood that if the police “chaffed” a man under mail bags and stole the best of the horsos belong the influence of drink, he would not commit him ing to the stage. About 2000 dols. were taken for assault. It was, he said, the business of the
CORRESPONDENCE OF THE from the passengers, including money belonging police to receive “chaff” and not to give it.
PROFESSION. to a Mr. Crump, of Memphis, one of the passen. THE CIVIL SERVICE.-Law Department.--Mr. gers.
This individual was robbed of his watch Bernard Edward Hodgson has been appointed to Nore.- This Department of the Law TIMEs being open to also; but he received from the leader of the band a clerkship in the Queen's Bench Master's Office. free discussion on all professional topics, the Editor is not his money and watch, as he had been a Confede- The East Indies.-Mr. F. Clarke, barrister-at-law,
responsible for any opinions or statements contained in it. rate soldier, and the enmity of the robbers was receiver of the High Court, Bengal, in place of against the Yankees.
Mr. H. Millett, resigned ; Mr. R. Evans, assistant. THE WORKING OF THE BALLOT. - Having STATISTICS OF THE ENGLISH COURTS OF Jus magistrate and collector of Cawnpore, North-West acted as a presiding officer in one of the Metro. TICE.-On Monday evening, at the fourth ordi. Provinces ; Mr. E. H. Little, C.S., has been con- politan boroughs at the recent Parliamentary nary meeting for the present session of the firmed in his appointment to act as Registrar of election, I am able to confirm the observations in Statistical Society, held at the society's rooms, the High Court, Bombay, appellato side, during your last issue upon this subject, and especially at St. James's-square, Dr. Guy, F.R.S., presi. Mr. Jardine's absence on private leave; Major as to the stupidity shown by electors from whom dent, in the chair, Mr. F. H. Janson president, N. B. Thoyts, S.C., as cantonment magistrate at it could not be expected, in reference to complying of the Incorporated Law Society, read a paper Kurrachee.
with the provisions of the Act relating to the mode entitled "Some Statistics of Courts of Justice LEGISLATION AS TO MERCHANT SHIPPING.- of recording votes, and as to the many errors and of Legal Procedure in England." The leo- We have received from Mr. David McIver a rough on the register by which the balloting is checked. turer, in opening, observed that, from an expres. memorandum of his views in regard to the pre- The chief of the new government in embryo will sion put into the mouth of Hamlet, it was clear sent position of merchant shipping legislation. do well to consider the suggestions upon the that even in Shakespeare's time the "law's delay” He thinks that there is no reason why the atten- former subject, contained in the letter of a “ Town had become proverbial, and it can readily be con. tion of the Marine Department of the Board of clerk,” which appears in to-day's Times, namely, ceived that in ancient times much delay must | Trade should, so far as annual survey is con- inter alia, that the voter should either strike out necessarily have resulted from the centralisation cerned, be devoted exclusively to British pas. the names of the candidates for whom he does not of the courts of justice. The delays in the ad. senger steamers; nor any reason why foreign wish to vote, or else that he should be required to ministration of justice, especially in the business vessels should be permitted to load outwards from put the cross against such names. As regards of the Court of Chancery, may be said to have British ports, on conditions other than those the delay in ascertaining the state of the poll-at culminated in the first quarter of the present under which British vessels may compete with present wholly unavoidable in large constituen. century. Our courts of justice might be classified them. He regards the Marine Department of the cies--I suggest that from time to time during the in two grand divisions--those of common law and Board of Trade, as at present constituted, as polling day the presiding officer might, in the those of Chancery, and there were two general being an unfit tribunal to be intrusted with in- presence of the necessary agents, examine the courts of ultimate appeal-the House of Lords creased arbitrary powers, but thinks that there ballot papers, and register each vote on a list, so and the Judicial Committee of the Privy Council. would be no difficulty in Government nominating that almost immediately on the closing of the Two hundred years ago, in the reign of Charles II., a board, as a court of appeal or otherwise-say, poll each presiding officer might go to the return. when the population of England and Wales was not less than three, nor more than seven-of per- ing officer with a correct summary of the votes about one-fifth, that the metropolis one-tenth sons possessing the confidence of the country, who taken by him, having a separate list of the papers of its present number, and the business of the could perform such duties satisfactorily. Mr. on which any irregularity appears. Thus could courts bore no comparison with that of the pre. McIver thinks the system of courts of inquiry the returning officer, within a few hours of the sent day, there were twelve common law judges, into maritime disasters is so bad that hardly any closing of the poll, make the necessary declaration. with the same number of assistant masters as at change could be made for the worse; and there. While writing on the above subject, I must add present; a Lord Chancellor and a Master of the fore that it is high time the question were in that the front of the building in which I acted as Rolls, who were assisted by the Masters in Chan. trusted to competent legal authority, with a view stated, was so covered with the bills of one of the cery. The additions to the judicial force made to practical suggestions for improving the mode candidates that it cannot have failed to favourably since that period are-to the three principal of procedure in such manner as would be likely to impress many an ignorant elector in favour courts of common law two judges each, six in all ; | best elicit information, while giving shipmasters of such candidate. When we reap the ex: to the Court of Chancery three Vice-Chancellors; reasonable opportunities for defence—which at pected results of the Education Act and School and for appeals in the first instance two Lords present is not always the case. There are many Boards, such a matter will be of no moment, Justices ; but, independently of the increase instances where substantial injustice has been but until then I think that if common decency of business arising from the growth of wealth done to unfortunate shipmasters; and also where does not forbid such a proceeding, the Legislature and population, there are now thrown upon the owner has been prejudiced in a court of law by ought.
CHARLES FORD. the common law judges the business of hear the allegation that his master had been adjudged Feb. 18, 1874. ing petitions on disputed elections and appeals in default-and that, perhaps, by a tribunal not from the decisions of the revising barristers; | very competent.
THE CITY OF LONDON COURT.-I beg to call whilst the Chancery judges have the heavy work THE Right to ONE'S FACE.-The right of a attention to an occurrence that took place to-day of what are called "winding-up” cases, viz., the man to control the publication of his own features before Mr. Commissioner Kerr, at the City of settlement of the affairs of joint stock companies is a rather delicate point of personal law which London Court, as showing the judicial impartiality in liquidation, besides the various kinds of has never been sufficiently elucidated. The well. that distinguishes that tribunal. The occurrence administrative business confided to it in recent known practice of photograpers in exhibiting took place in an action brought by a plaintiff for years by various statutes. He ought not to omit copies of the portraits which they have taken is a sum of about £3, for tea sold and delivered. to mention that the apparent expedition with one which, on some grounds, may be deemed open Incidentally it came out in the course of the prowhich some judges of the Court of Chancery have to grave exceptions. The position of the ceedings that the plaintiff had previously sued got through the business of their courts is attribut. illustrated papers in the matter might also defendant in the Mayor's Court for a sum of able to the practice of throwing upon the chief clerks repay inspection. A contemporary, having pre- about £16, and recovered judgment, and that important duties which they were not, originally pared for publication a portrait of a lady whose the sum of £3 now sued upon had been omitted intended to perform. The delays at common law husband is in high official position under the pre- by mistake in the former action. The judge, are less severely felt, but still the work is always sent Administration, the picture was reluctantly who had been sharply questioning the defenmore or less in arrear, and a fresh arrangement of suppressed at the request of the latter on the dant, now asked to have the Mayor's Court business between the judges of the various courts, assurance that it was the lady's wish. At the plaint handed up to him, and on observing that which may be the result of the new Judicature same time, the journal announced that this was there was an amount of £2 4s. 8d., or thereabouts, Act, will not lessen the total quantity to be got the last time such a concession would be made to for costs, exclaimed, “ Two pounds four and through. This is manifestly too great for the pre private prejudices. It proclaimed the doctrine eightpence costs on a debt of sixteen pounds !". sent staff, the increase of labourers not having by that neither man nor woman had any property in and suddenly turning to plaintiff, asked him," Are any means kept pace with the increase of the the reflection of their featnres, and that hereafter, you lost to all sense of shame?" The plaintiff, work to be done. In his own opinion the real in a similar case, it should not "feel compelled to who seeemed a quiet young man, was rather taken cause of the delays in the administration of justice regard the wishes or request of the party con- aback by this strange question so suddenly put to arose from, first, the want of a sufficient judicial | cerned.” The same journal announced in one of him. Again the judge asked him, “Are you lost force in the Court of Chancery; and, secondly, its early impressions that it would give represen to all sense of shame?" The plaintiff faltered the occurrence of what are technically called vaca- tations of private wedding parties whenever it felt out something to the effect that his solicitors had tions. To many it seemed remarkable that there inclined, and that it “ should not feel compelled to acted for him in the Mayor's Court proceedings, should be any period during which the machinery rogard the objections of the parties concerned." whereupon the judge remarked, “That if ordinary of justice is allowed to stand still. No doubt the In cases like these it is difficult to draw the pre- people had any sense of shame attorneys had not,' judges and their subordinates, like other people, cise line where liberty ends and licence begins ; or words to that effect. He continued his abuse require a holiday to recruit their powers, which put men of right feeling and trae delicacy know of the attorneys for some time in this strain, and are often severely triud; but with a proper system by instinct what is correct, and what is a violation said that if plaintiff had come to the City of of relays there need be no cessation of judicial of personal rights and domestic privacy. If the London Court for his £16 he might have had a work throughout the year; while each judge and portraits thus published in disregard of wishes plaint for 16s. Thus the whole ground of this official would havo a fair amount of rest from his and requests were uniformly artistic or approxi. abuse of the unoffending plaintiff and the pro. labours. Appended to the paper was an elaborate mately sike, one part of the objection, though not fession of attorneys was that he had adopted a statistical analysis showing the judicial power the essential part, would vanish ; but they are course of procedure regulated by the same autho. and the jadicial work of the various courts. often such hideous caricatures as to amount to rity as that from which the learned judge himself The reading of the paper was followed by positive pictorial libels. The paper we speak of derived his authority—a course by which he had an animated discussion, in which Mr. W. G. published a day or two after his death, what is obtained judgment at the expiration of eight days Lumley, Q.C., Mr. W.J. Bovill, Q.C., Mr. J. T. called a portrait of Charles Astor Bristed. The from issuing the plaint without any trouble to Hammick, Mr. R. B. Martin, Mr. Brewer, and face depicted might have belonged to a butcher himself, but at an expense of £2 4s. 8d. Had he other gentlemen took part. After a warm vote of or a drover, but had not a trace of the intellect on the other hand adopted the course proposed by thanks had been passed to the lecturer, the pro- and high breeding marked in every feature of its the judge, he must have waited for a month, in ceedings closed with the usual compliment to the pretended subject. It may be said that very few entire uncertainty, whether the case would be chairman.
people really object to have their portraits pub. I defended or not, his costs would have been, not