« EelmineJätka »
wicks, so disposed that the ends always turn speaking have, a far better knowledge of the law courts of the colony to the Bar of which he seeks outwards," is not proved to be infringed by the and practice of such courts than was formerly to be called. The term of service varies, we mere production of a candle, made by the defen: necessary, and it certainly constantly happens believe, from three to five years, and at the exdant, in which the wioks were so plaited and turned that although a sum sought to be recovered is piration of the articles, the candidate is called outwards. It must be further shown that the small in amount, yet questions of much more upon to pass an examination before the judges of defendant made it by the method described in the serious importance, as well pecuniarily as other such court. In most of our colonies the two
plaintiff's specification, or in some way that the wise, are often involved in the dispute. Process branches are united, that is, each member of the jary might consider colourable. (9 Ex. 494; can be issued in the Superior Courts for the legal profession may act at one and the same time L. J., N. S. Ex. 217.)
recovery of any amount on payment of a court as attorney and advocate in the colonial Superior fee of 58., whilst the court fees payable on the Courts. It would indeed be of the utmost advan. issue of the process from the County Courts are tage if a short term of service under articles to
often of serious consideration for creditors. We SOLICITORS' JOURNAL.
an attorney was necessary before a call to the Bar should gladly see such court fees in certain cases in this country.
reduced in amount, and such a system of proSOLICITORS will be glad to hear that the long fessional remuneration introduced as would secure The case of Neate v. Denman, recently before the talked of and contemplated amalgamation of the payment for professional services to be regulated Court of Chancery, is another striking instance Metropolitan and Provincial Law Association according to the nature of the case undertaken. calling for an investigation of the assumed power with the Incorporated Law Society is practically At present a solicitor's costs for recovery of a of those voluntary societies, as they are termed, un fait accompli, as will be seen from a report in simple contract debt of say £22 is far in excess of and of their practical utility. The benchers of the another column the of proceedings at the twenty. what would be allowed to the same gentleman if Inns of Court, acting upon a resolution made by seventh annual general meeting specially held on
in seeking to recover a sum nominal in amount themselves on the ground of expediency, have the 11th inst. at the hall of the Incorporated Law he was called upon to argue certain points of law decreed that (though attorneys for centuries had Society. As we said long since in reference to involving indirectly large and important interests enjoyed the privilege of membership) they shall this subject, union is strength, and we trust the to his clients.
be treated as unworthy and unfit to become council of the Incorporated Law Society will
members of that society. For upwards of two mark this important era in the history of the FROM a case which came under the notice of the centuries down to the year 1852, it was compul. society by redoubled energy and exertion to pro- Master of the Rolls in Dublin last week it seems sory on attorneys to be admitted members of one mote the professional prosperity of our branch of that the Attorneys and Solicitors Act (Ireland) of the Inns of Court. Many attorneys are now the Profession. This amalgamation accomplished, 29.& 30 Vict. c. 84) is in some respects very diffi- members of Gray's Inn,
some for upwards of a let the council at once direct its attention to cult of construction. The matter before the quarter of a century. It is worthy of note that similar objects, with a view to additional acquisi. court was in the nature of an application by a the rule of 1852, excluding attorneys, was passed tion of strength. Let it, in fact, work out to its gentleman to be admitted on the Roll of the Court by the benchers only on the ground of expeconclusion the excellent plan of organisation so
of Chancery, notwithstanding that the Master of diency. It came into operation in Trinity Term forcibly and reasonably urged by Mr. Marshall, the court refused to furnish the applicant with 1852, and is as follows :-19. “That it is ex. of Leeds. This achieved, and we are perfectly the usual certificate, and the ground for the ap- pedient that no attorney at law, solicitor, writer satisfied that we shall then no longer endure plication seems to have been that, notwithstanding to the signet, or writer to the Scotch courts, unjust exclusion from judicial offices, a subordi- the reference in the Act contemplating five years' proctor, notary public, clerk in Chancery, parlianation to the other branch which is warranted service, yet by sect. 9 of the Act all that is mentary agent, or agent in any court, original neither by any supposed inferiority in legal or
necessary is to "attend two years' law lectures or appellate, clerk to any justice of the peace, general education, social position, or a continued and pass the law examination in the University of or person acting in any of these capacities, and no deprivation of the enjoyment of those professional Dublin.” This the applicant bad done, but this clerk of or to any barrister, conveyancer, special posts productive of the most pecuniary benefit; provision was inconsistent with other sections in pleader, equity draftsman, attorney, solicitor, neither shall we then suffer such an exile from the the Act in question. The learned judge took time writer to the signet, or writer to the Scotch courts, dignity of the Profession as is suggestive of an to consider the question raised.
proctor, notary public, parliamentary agent, or inferiority in the status of the legal profession,
agent in any court, original or appellate, clerk in which in truth is not warranted by the labours,
clerk of the peace, clerk to any justice responsibilities, and, above all, relative positions THE Consolidated Regulations of the several of the peace, or of or to any officer in any court of trust and confidence of the two branches of Societies of Lincoln's-inn, the Middle Temple, of law or equity, or person acting in the capacity our common profession.
the Inner Temple, and Gray's-inn, dated Michael of any such clerk, should be admitted a member mas Term 1872, will, we sincerely hope, soon
of any of the said societies for the purpose of be brought under the notice of Parliament, being called to the Bar, or of practising under the The subject matter of a letter which last week especially upon the subject of that portion of Bar, until such person, being on the roll of any appeared in a London morning lay newspaper, them which practically excludes solicitors from court, shall have taken his name off the roll under the title " Leases of the London Cor? being called to the Bar. Why should attorneys thereof, nor until he and every other person aboveporations, and which bore the signature" A at the present day be ear-marked and proscribed named or described shall have entirely and bona Solicitor of Thirty Years' Standing,” is certainly by the benchers ? Had the arbitrary power fide ceased to act or practise in any of the capanot without interest and importance to our Pro- now assumed by the benchers been of earlier cities above-named or described.” So that if fession. For
the information of our readers, and, existence, the integrity, the intellectual quali- A. B. C. and D. are a firm of attorneys-at-law, and indeed, at the request of an influential member of fications, and distinguished services of many Mr. A. desires to become a member of Gray's Inn, the Council of the Incorporated Law Society, we illustrious men would have been lost to the com- he cannot accomplish that wish until B. C. and D. print the letter in question in another column. A munity, to say nothing of the individual injustice have taken their names off the rolls.
It is & perusal of it shows that there has long existed a they themselves would have sustained. The singular fact that several of the present benchers monopoly, in reference to the legal conveyancing following instances strongly support our view of Gray's Inn who pronounced the order of exbusiness in question, which cannot for a moment of this important question : Lord Tenterden pulsion in reference to Mr. Gresham, jun., have be justified, either on the ground of expediency or was engaged in an attorney's office (that of been in their day themselves on the roll of in the interests of the public or the Profession. Messrs. Sandys and Horton, of Craig's.court, attorneys and in practice as such. The average The matter has only to be brought to the notice of Charing Cross), Mr. Bently was for a considerable number of members attending in the hall (ex. the governing bodies in order to secure the omis- time in one of the principal agency houses in clusive of the benchers) is about a dozen. sion of this objectionable clause or covenant from London. Baron Thompson pursued his studies During sixteen terms, extending over four years, the deeds and documents in question. It must in an attorney's office, so did Lord Wynford and and with an annual income of upwards of £8309 often enough occur that the lessee knows nothing Sir William Grant. Lord Thurlow was articled the Honourable Society of Gray's Inn, called of this covenant when he completes the transac- to a solicitor in Bedford-row; so was Lord Hard only thirteen members to the Bar. As we have tion; and annoyed he may, well be afterwards wick. Mr. Dunning was engaged in the duties ofter before pointed out, four years' income to find that instead of being able, in the of his father's office, who was a practising attor- (£33,372 138. 8d.) is no inconsiderable sum. The usual way, to entrust subsequent dealings with ney ; Lord Macclesfield actually practised as an society's chambers are numerous and commodious, the property to his accustomed solicitor, in whom attorney. Lord Kenyon served his articles with and till lately one member, we believe, was a he would have complete confidence, he must an attorney ; Sir William Garrow was some time holder of no less than forty-eight sets of chambers, accept the services of those who, after all, cannot in a solicitor's office; so was Sir Samuel Romilly. which were underlet. Of the present barristers, faithfully serve two masters."
Indeed, it must Lord Gifford, afterwards Chancellor of Ireland, members of the Inn, some are, we believe, enoften happen that the unfortunate lessee, not was regularly articled, as were also Sir George gaged in commercial pursuits, cr are members of content with the legal professional assistance Wood and Mr. Justice Buller. In our own imme other professions than the law. Why should rendered by, those in the Profession (both diate times Mr. Serjeant Wylde, afterwards Lord attorneys at the present day be ear-marked and branches), who represent the Corporations in Chancellor Truro, was for many years in exten- proscribed by the benchers ? Had the arbitrary question, is driven to seek the advice of his own sive practice as an attorney. One of Her Majesty's power now assumed by the benchers been of solicitor, thus incurring double expense and present judges now presiding at Westminster earlier existence, the integrity, the intellectual delay. To solicitors practising in the City of than whom no more able and efficient judge qualifications, and distinguished services of many London interested in this matter, and we presume exists) would by the present rules of the Inns of illustrious men would have been lost to the commost of them are, we commend the provisions of Court have been among the proscribed. We munity, to say nothing of the individual injustice 36 & 37 Vict. cap. 48, by which the newly ap- believe our present distinguished Attorney. they themselves would have sustained. The pointed Railway Commissioners can require rail. General was once a clerk or student in the office following, instances strongly support our view way companies to give“ reasonable facilities for of his father, a practising attorney; he, too, would of this important question :, Lord Tenterden the receiving, forwarding, and delivering, or to have fallen under the same ban of "expediency.' was engaged in an attorney's office (that of cease giving an undue preference.” The Profes. We will add one instance more. Lord Brougham Messrs. Sandys and Horton of Craig's-court, sion and the public may, with equal propriety, was known to declare publicly in the Court of Charing Cross), Mr. Bently was for a considerable demand, not only that reasonable facilities should Chancery that if he had to recommence his legal time in one of the principal agency houses in be afforded the latter for entrusting their legal studies he would begin as a clerk in an attorney's London. Baron Thompson pursued his studios business, connected with the London Corporation, office. The exclusion of which we complain is in an attorney's office, so did Lord Wynford and &c., to whom they please, but also that no undue most illiberal and unjust, for each kind of labour Sir William Grant. Lord Thurlow was articled to preference should be given to those professional in the Profession should surely be as a step in the a solicitor in Bedford-row; so was Lord Hardgentlemen who transact the legal business of such ladder affording to capable men an opportunity to wick. Mr. Dunning was engaged in the duties of corporations. reach the highest aim of their ambition.
his father's office, who was a practising attorney ;
Lord Macclesfield actually practised as an A LETTER signed "A. B.," which appeared in our
attorney. Lord Kenyon served his articles with last issue, upon the subject of the remuneration It may not be generally known that in order to an attorney; Sir William Garrow was some time to which solicitors practising in County Courts secure a call to the Colonial Bar, the applicant in a solicitor's office ; so was Sir Samuel Romilly. are at present entitled, is well worthy of atten. must either have been called to the bar in this Lord Gifford, afterwards Chancellor of Ireland, tion. It cannot be doubted that in consequence country, or, in some cases, in other colonies ; but was regularly articled, as were also Sir George of recent legislation practitioners in our County if not so called, he must be first articled to an Wood and Mr. Justice Buller. In our own immeCourts are expected to have, and generally 'attorney in practice in the Superior Court or 'diate times Mr. Serjeant Wylde, afterwards Lord
Chancellor Truro, was for many years in exten. advise upon the most difficult matters in criminal COURT OF APPEAL IN CHANCERY. sive practice as an attorney. One of Her Majesty's law, and, on the other hand, is expected to appoint
Monday, March 16. present judges now presiding at Westminster the laundress and superintend the day and night (than whom no more able and efficient judge watohmen.”
Re Soutu. exists) would by the present rules of the Inns of
The rights of judgment creditors. Court have been among the proscribed. We In consequence of numerous communications from This was an appeal from a decision of Vicebelieve our present distinguished Attorney- solicitors in town and country
who are commis. Chancellor Malins, and it involved a question of General was once a clerk or student in the office sioners to administer oaths in Chancery in Eng. some importance as to the rights of judgment of his father, a practising attorney; he, too, would land upon the subject of their rights and powers creditors. On the 23rd Dec. 1872, in an action for have fallen under the same ban of " expediency.' in reference to swearing affidavits for use in the seduction brought by Caleb Houghton against We will add one instance more. Lord Brougham Court of Chancery (Ireland), we print below the Thomas Denton South, the plaintiff recovered was known to declare publicly in the Court of several sections of 30 & 31 Vict. c. 44 ('The Chan. judgment for £500 damages and £62 costs. The Chancery that if he had to recommence his legal cery (Ireland) Act 1867), which in any way affects damages were afterwards reduced to £300. At studies he would begin as a clerk in an attorney's the question :
this time South was an infant, he having been office.
Seot. 80. Nothing herein contained shall abridge or born on the 16th Feb. 1853. Under the will of his
lessen the power of the Lord Chancellor, as it now grandfather he was entitled to an estate in fee An official return lately issued from the Admiralty exists, to appoint fit persons to administer oaths, and simple in remainder in a house in Kent, expectant shows that courts martial were held in the last be taken by them, and where any Act of Parliament to the contingency of his dying before her. He
on the death of his grandmother, and subject also quarter of 1873 on thirteen officers and fifty-two refers to the Masters Extraordinary in Chancery, or to seamen and marines. It is greatly to be hoped their powers or duties, the reference shall be held to
was also, under the will of his father, entitled to that the authorities will, in their way, shortly be apply to and include the commissioners hereinbefore an estate in fee simple in remainder in some land entering upon an investigation of the present mentioned, or to their powers or duties, as the case may in Middlesex, expectant on the deaths of his grandcumbrous mode of conducting these proceedings. than five years standing shall be preferred for such force his judgment, served out writs of elegit di.
be : Provided that solicitors and attorneys of not less mother and his mother. Houghton, in order to en. It is hardly to be believed that in these days the appointments if otherwise suited thereto. evidence before such courts is taken in such a
rected to the sheriffs of Kent and Middlesex respeclaborious manner that proceedings last days
English country solicitors are often country com. tively. In pursuance of the writ directed to him the which would otherwise last only so many hours. missioners for taking affidavits in common law sheriff of Middlesex caused an inquisition to be To any extent to which the First Naval Lord of directly after admission.
held on the 5th June, 1873, by which it was found the Admiralty (Sir Alexander Milne, G.C.B.) has
Sect. 81. All answers, disclaimers, examinations, and that South was “seised in his demesne of the it in his power to contribute to such desirable Court of Chancery in Ireland, and also acknowledgments mentioned land," being of the clear yearly value
affidavits in causes or matters depending in the High reversion in fee simple” of and in the abovereforms in reference to such proceedings, as we required for the purpose of enrolling any deed in the have often before urged in these columns, we are said court, shall and may be sworn and taken in of £124,” and in his return to the writ the sheriff sure he will, and we can assure him that it is England or Scotland, or the Isle of Man, or the stated that he had caused the said land to be only necessary for him to bring to the knowledge tion, or place under the dominion' of Her' stajesty extent, to hold to him and his assigns " until the
Channel Islands, or in any colony, island, planta- delivered to Houghton “by a reasonable price and of the Judge Advocate General the injustice in foreign parts, before any judge, court, notary balance remaining unsatisfied of the judgment which, owing to the present cumbrous machinery, public, or person laufully authorised to administer oaths in both prosecutor and prisoners at times experience such country, colony, island, plantation, or place, debt and costs, together with interest thereon, and the difficulties under which they labour, to respectively, or before any of Her Majesty's consuls or should have been levied. A similar return was secure such an investigation as will lead to vice-consuls in any foreign parts out of Her Majesty's made by the sheriff of Kent, stating that the annual healthy reforms.
dominions; and the judges and other officers of the said value of the property extended by him was £20.
Court of Chancery shall take judicial notice of the seal On the 3rd Nov. 1873, the judgment and the two The Lords Commissioners of the Admiralty have judge, notars public, person, consul, or vice.consul writs of elegit having been duly registered, been pleased to order the name of Mr. Edwin attached, appended or subscribed to any such answers,
Honghton presented a petition to the Court of John
Harvey, solicitor, of Portsea, and Deputy disclaimers, examinations, and affidavits, acknowledg: Chancery, under the Judgment Act of 1861 (27 & Coroner for the County of Hants, to be inserted ments, or other documents to be used in the said 28 Vict. c. 112), praying for a sale of South's interest in the Navy List as Admiralty Law Agent for the
in the house in Kent and the land in Middlesex in
any person Port of Portsmouth. Mr. Harvey was articled authorised by this Act to administer oaths anaerske order to pay what was due in respect of the judg; to the late Mr. William John Hellyer, of Portsea, affidavits shall be liable to all such penalties: pupish: Jan. 1874,' South' paid to Houghton's solicitor
ment debt, costs, and interest. On the 22nd then Deputy Judge Advocate of the Fleet, and was ments, and consequences for any wilful and corrupt admitted an attorney in Trinity Term 1855, and had been sworn before any court or person now by law costs, and interest, but notwithstanding this
false swearing contaiued therein as if the matter sworn £382 163.9d. in discharge of the judgment debt, is now the senior partner in the firm of Messrs. authorised to administer oaths and take declarations, payment, the Vice Chancellor on the 20th Feb. Harvey and Addison. He acted for some years affirmations, or attestations upon honour. as deputy to Mr. William Swainson, the late The reference to acknowledgments in sect. 81 does made an order that South should within a month
(South meanwhile having attained twenty-one) Admiralty Law Agent and Coroner of the Port, not seem to refer to acknowledgments of deeds by pay to Houghton his costs of the petition, in. and since that gentleman's decease, which took married women, as suggested by a correspondent cluding his costs of the writs of elegit and in. place in the early part of 1870, Mr. Harvey has in our last issue, but it seems clear that a com- quisitions, and any charges properly payable by discharged the full duties of the office.
missioner to administer in common law in England him to the sheriffs in relation thereto, Houghton can take affidavits for use in the Irish Court of undertaking, if the payments were made pune Chancery.
tually, to accept his costs out of pocket in full ELSEWHERE wè print å portion of the proceed.
discharge, but without prejudice to his right to ings which took place at the recent annual meet
NOTES OF NEW DECISIONS.
enforce payment of his whole costs in default of ing of the Associated Chambers of Commerce of ARBITRATION-POWER OF JUDGE TO ENLARGE punctual payment. From this order South ap. lution, which we are pleased to notice was unani. TIME FOR
MAKING AWARD.-A superior court or pealed, and the question raised was whether
a judge at chambers may enlarge the time for it was competent to the court under the cir. mously
carried, was moved by a commercial man making an award beyond that fixed by the parties cumstances to direct an estate in remainder from Leeds; and, as will be seen from our report, themselves in the agreement of reference : (Re to be sold in order to pay the sheriffs' charges. was in reference to the onus of proof as to ability Denton, 30 L. T. Rep. N. S. 52. Q.B.)
This turned upon the question whether, by means to pay by a debtor, which by the Debtor's Act
ADMINISTRATION ADMINISTRATOR BANK- of a writ of elegit, an estate in remainder could, 1869, sect. 5, sub-sect. 2, is thrown upon the creditor. Every solicitor who has ever issued a
RUPT AND OUT OF THE COUNTRY-REVOCATION within the meaning of sect. 4 of the Jndgment
OF GRANT REFUSED.-An administrator became Act of 1864, be “ actually delivered in execution" summons under the above provision knows how bankrupt, and in his capacity as administrator to the creditor, or whether it was not necessary serious is the injury inflicted upon creditors
in proved for a debt owing by him to the deceased's that there should have been an “ equitable execuquite agree that it is, in the terms of the resolu: ceased's
estate, but in the meantime the adminis- the further question whether, as in this case, the “ ought, we certainly think, to be liable to be com. The court refused to recall the
letters of adminis: estate of the debtor a "reversion" instead of a mitted for contempt when failing to attend and tration granted to him, and to make a fresli grant trator became bankrupt again, and left the country. sheriffs' return had been untrue in calling the
“remainder," and in stating that it had an answer a judgment summons; instead of which the practice at present is to direct a second sum
to his creditors'
whereas in fact it had none, any
sale could be made of such interest as the debtor mons to issue calling upon the defendant to attend mond, 30 L. T. Rep. N. S. 76. Prob.)
really had. personally before the Judge, and if he then so SPECIAL DAMAGE.-An action for slander cannot
E. C. Willis and Clare for the appellant. attends any excuse usually relieves him from be maintained for words which are not necessarily
Everitt (with whom was Glasse, Q.C.) supported payment.
of a defamatory nature, even although special the Vice-Chancellor's order.
Lord Justice JAMES was of opinion that the A PRACTICE has long obtained by which the they were spoken. Therefore a declaration Vice-Chancellor's order could not be sustained. clerks of the London agents of sheriffs leave the alleging, with proper inducement and innuendoes, The case was governed in substance by the recent successful party in interpleader summonses to that the defendant falsely and maliciously said of decision of the full Court of Appeal in Hatton v. draw up the order. On taxation the drawing up the plaintiff, "He was the ringleader of the nine Haywood (22 Weekly Reporter, 356), that there of such orders is invariably disallowed, and we, hours' system,” and “He has ruined the town must be a suit in equity before this debtor's therefore, think it necessary to call attention to by bringing about the pine hours' system, and interest could be taken in execution. But in this point of practice, so that common law clerks he has stopped several good jobs from being dependently of that, the sheriff's duty was may make a point of seeing that the sheriff draws carried out by being the ringleader of the system to seize lands of which the debtor was seized up the order himself in all such cases, and which at Llanelly," laying special damage, was held bad or possessed.” A man could not be said to be it is perfectly clear he is, strictly speaking, bound on demurrer : (Miller v. David, 30 L. T. Rep. seized or possessed” of a remainder. Whoever to do. N. S. 58. C. P.)
prepared the returns to the writs in this case
Two WILLS-RESIDUARY CLAUSE-REVOCA. must have been well aware of the difference A SOLICITOR who contemplated offering himself TION-PROBATE.-A testatrix left two wills, by between a remainder and a reversion. The petias a candidate for the office of Chief Clerk to the the first of which, after giving certain legacies, tion asked for a sale of a remainder upon a return Lord Mayor of the City of London, writes to us
as she bequeathed a life interest in the bulk of her which stated that the debtor was seized of a re follows in reference to the duties and emolu- property to her daughter, whom she nominated version. It was much the same thing as if the ments: “I certainly never saw such conditions. her residuary legatee. By the second will, which return had stated that the debtor was seized of A professional man is required to perform the din not expressly revoke the first, she increased Blackacre, and the petition had asked for a sale most arduous and responsible duties in the the legacies, but directed they should not be paid of Whiteacre. The petition must be dismissed, greatest and richest city in the world, and is re- until the death of her daughter. The second will and, inasmuch as it was presented only a few quired to perform them and give up every other contained no residuary clause. The court granted months before the debtor
attained twenty one, and kind of business for £800 to £1000 a year. It probate of both papers, as together constituting the petitioner might as well have waited till then, seems pigst illiberal treatment. They want a the will of the deceased
: (in the goods of E. it must be dismissed with costs. man who, on the one hand, must be competent to ' Pechell, 30 L. T. Rep. N. S. 74. Prob.)
Lord Justice MELLISH concurred.
V.C. BACON'S COURT.
tance had been earmarked to meet the particular put forward for this objectionable practice is, Saturday, March 14.
bills, and must be so applied. He made a decree that it secures to the lessors, through their
in favour of the plaintiff. VAUGHAN V. HALLIDAY.
officer, an opportunity of knowing upon what
terms the leasehold interest is changing bands, Specific appropriation-Ex parte Waring.
and thus enabling them, when the lease falls out, This was a mercantile case, of some technical
SHAND V. DU BUISSON.
to obtain the highest rent the property will carry. interest, relating to the equitable doctrine of Attachments in the Lord Mayor's Court. But this object can be equally secured by pro. specific appropriation. The doctrine was first This was a bill to enforce an attachment in the scribing that every assignment or underlease for mooted in a case in bankruptcy, Ex parte Waring, Lord Mayor's Court, which could not be carried a given term shall within a fixed period from its so long ago as 1815, before Lord Eldon. In that to a successful issue in that court by reason of a execution be brought to the lessor's solicitor or case the drawer of bills of exchange lodged cer- previous collusive attachment. The plaintiffs, law clerk to have the contents noted. The pro. tain short bills for the protection of the acceptee. Messrs. Shand and Co., of Roodlane and Madras, vision objected to is not to he found in the leases On the bankruptcy of both drawer and acceptee, were creditors to the amount of £752 of one of houses on the Duke of Westminster's, the both estates being liable to the holders, a question Poolacoora Veerabudra Chetty, a native of Madras, Duke of Portland's, the Duke of Bedford's, the arose between the assignees as to which was who was, on the other hand, a creditor of Messrs. Duke of Devonshire's, Lord Portman's, the entitled to the short bills which had been appro- Henckell
, du Buisson, and Co., for £1035. On the Pollen, or the Sutton estates, or those held priated to meet the joint liabilities. Lord Eldon 2nd April 1868 Messrs. Shand issued an attach. under' Smith's Charity, nor, far as I then held that, in order to clear both estates from ment out of the Lord Mayor's Court against know, in leases of any of the great estates the liability, the property held in stake was to be Messrs. Henckell and Co., as garnishees, and throughout the kingdom, except those belonging applied directly in paying the bills, and that the against Poolacoora Veerabadra Chetty, as de to or managed by city corporations, including the billholders were therefore entitled by a kind of fendant, and attached the £1035 for their debt. hospitals and livery companies. It so happens parasitical equity or right. Though cases similar The garnishees pleaded a previous attachment that an eminent city firm are solicitors to one of to Er parte Waring are continually arising in issued by Poolacoora Sarabiah Chetty, of Madras, the noblemen above-mentioned, and also to a the Court of Chancery, the exact circumstances of Veerabudra Chetty, and on which great city corporation. The leases of the estate which were now brought before the court were an order had been made. The bill was filed belonging to the nobleman contain po such novel. Messrs. Ryder carried on business as restrain Messrs. Henckell from paying clause. It is invariably inserted in the leases of Brazilian merchants at Liverpool, Bahia, and over their debt to Sarabiah Chetty, on the the corporation property under their management. Pernambuco under slightly different names. Mr. ground that he had obtained his order in the Lord It may be argued that these bodies have a right F. W. Ashton, merchant and cotton spinner, of Mayor's Court fraudulently, and was not a bona to impose what conditions they please in the Manchester and elsewhere, was for some years fide creditor of his father. Veerbudra Chetty was letting of their own property; but such provi. engaged in bill transactions with Messrs. Ryder's adjudicated bankrupt and soon after died. A Mr. sions are surely in excess of their powers in Brazilian firms. The Bahia firm was in the habit Benjamin Brooks, of Madras, was appointed his granting leases of the large trust properties com. of drawing bills, to the limit of £2000 a month, assignee in bankruptcy. Messrs. Henckell, by the mitted to their care. The impropriety of introon Mr. Ashton, and sending other bills drawn on consent of all parties, paid the money than owed ducing such provisions has been pointed out to England, for Mr. Ashton to sell and appropriate into court, and were dismissed from being parties the Charity Commiesioners, who fully admitted the amount realised to meet his liabilities on his to the suit. Mr. Brooks, who was also made party, their injurious tendency, but thought it was not own acceptances. In Aug. 1871, Messrs. Ryder's disclaimed. Bahia firm drew three bills, for £800, £700, and
quite within their province to interfere. It is by
Kay, Q. C. and W. F. Robinson appeared for no means clear that the enforcement of these £500 respectively, on Mr. Ashton, which were the plaintiffs.
covenants might not be resisted as contrary to sold in Bahia and ultimately came into the hands H. M. Jackson, Q.C. and Bardswell for Poola- public policy, but until some one is found with of the plaintiff, Mr. Charles Vaughan, of Man. coora Sarabiah Chetty, who was now the only sufficient spirit to try the question, the only chester. Mr. Wiatt, Messrs. Ryder's Bahia defendant.
alternative seems to be to endeavour to bring manager, bought two bills, one for £900 the
The VICE-CHANCELLOR held that the defendant public opinion to bear upon this objectionable other for £1000, and sent them in a letter to had failed to establish a good debt, and directed (not to say disreputable) practice. I am, Sir, Mr. Ashton, dated the 8th Sept. 1871, by which, after advising the drawing, of the three bills, principal, interest, and costs, which was to be an inquiry of what was due to the plaintiffs for yours,
“A SOLICITOR OF THIRTY YEARS' purchased by the plaintiff, he wrote, -"Remit. paid them out of the fund in court.
STANDING." To cover the above exchange operations we en. close 90 days' sight bill," with a description of the two bills for £1900, which were drawn by the LEASES OF THE LONDON CORPORATIONS.
HEIRS-AT-LAW AND NEXT OF KIN. Bahia branch of the Brazilian Bank on their The following letter appears in the Daily News: BROWN Maria Mangin, whoses maiden name is alde zed to London branch. The bills drawn on Mr. Ashton “ Attention has been directed of late, on several mother's maiden name is alleged to have bren Sarah were presented to him on the 2nd October 1871, occasions, to the conditions of tenancy, more
Kemp. Next of kin to come in by May 30, at the chainbers
of V.C. M. June 29, at the said chambers, at twelve but, owing to the then recent failure of Messrs especially as affecting the agricultural class, and o clock, is the time appointed for hearing and adjudicating Ryder, his affairs were so embarrassed that he the policy of effecting some arbitrary restrictions upon such claims. refused to accept them. Mr. Ashton was soon has been somewhat freely discussed. There is a after adjudicated bankrupt, and Mr. H. W. growing feeling that property having its duties as
UNCLAIMED STOCK AND DIVIDENDS IN THE Banner appointed trustee of his estate. Mr. C. W. well as its rights, the law should step in to abro
BANK OF ENGLAND. Ryder, the surviving partner in all Messrs. Ryder's gate,
or at least modify, unreasonable and oppres. (Transferred to the Commissioners for the Reduction of the firms, filed a petition for liquidation of his estate sive conditions, as being not only unfair to the by arrangement, and Mr. James Halliday was ap- tenant, but indirectly injurious to the community BEVES Retnost archery, Plymouth, and Hennau (Rev.
respectively, whose names are prefixed to each in three pointed his trustee. The plaintiff claimed to at large. The discussions have been limited to have the Brazilian Bank bills, which were in the the tenancy of land, but there is a class of con:
Wm. Veale), East Cowes, Isle of Wight, one dividend on
the sum of £3258 18s. lid. Reduced Three per Cent. Annui. hands of Mr. Halliday, applied to meet the bills ditions affecting that of house property held
ties. Claimant, said Rev. Thos. Archer Bewes. he held, and instituted this suit to enforce his under certain great bodies within the metropolis BIRT (Jacob) Southamuton.street, Fitzroy Square, gantleclaim, making both Mr. Halliday and Mr. Banner which certainly call for some interference. It Annuities. parties. It was contended by both the defen. dants that, inasmuch as the bills held by the of the law officers of the London Corporations to may not be generally known that it is the practice FREEMAN (Right Hon. Joon Thos.), Lord Redesdale.
L2890 38. Rd. Reduced Three Per Cent Anpuities. Claimant
said Right Hon. John T. Freeman, Lord Redesdale. plaintiff had never been accepted, and Mr. insert in their leases covenants binding the lessee, SINUBIONDS (Mary),
Bromley, Surres, spinster, el suces New Ashton's estate being, therefore, under no liabili. under pain of forfeiture, to employ such law ties in respect of those bills, the rule in Ex parte officer or solicitor to prepare all instruments
administrator of Mary Simmonds, deceased. Waring could not apply, and that, but for other (except wills) affecting in any way his leasehold circumstances, the securities ought simply to be interest. The lessee, therefore, who wishes to
APPOINTMENTS UNDER THE JOINT-STOCK handed back to the trustee of Messrs. Ryder, assign or mortgage his lease, or even to underlet
PAVING COMPANY because the purpose for which Messrs. Ryder had the property (for any of which purposes he must AUXERONE). Bereditrous.
(LIMITED). Creditors to send in by April 16 their names intrusted the securities to their correspondent furthermoro obtain a licence from the landlord), and addresses and the particulars of their claims, and the had failed as between themselves. Mr. Halliday is required to employ, for the preparation of the
names and addresses of their solicitors (if any) to Smart contended that the estate be represented was
and Marmont, 85, Cheap-ide. London, the official liquidanecessary documents, a person who may be, and
tors of the said company. April 30; at the chambers of entitled to a lien on the securities in respect of a generally is, a perfect stranger to him, and who, V.C. M. at twelve o'clock is the time appointed for hear.
ing and adjudicating upon such claims. claimed the benefit of the securities as having ing. If the course prescribed by the covenant be Essex STSIBYALTY FUND FOR PEFRAYING THE_EXPENSES been assigned for a specific purpose only, which strictly followed, the business has to wait the to send in, by April 6, their names and asdresses, and the had failed. This question, however, was not leisure or convenience of the lessor's law officer,
particulars of their claims, and the names and addresses directly before the court.
of their solicitors (if any), to Thomas M. Gepp, Chelmswho acts under no sense of responsibility, and ford, Essex, the official liquidator of the said fund. April Kay, Q.C., and Giffard appeared for the plain. who, in the case of a mortgage, must be fully 18, at the chambers of V.C. M., at twelve o'clock, is the tiff. instructed in all the special arrangements agreed
time appointed for hearing and adjudicating upon such
claims, De Gex, Q.C., and Winslow, Q.C., for Mr. Hal. upon between the parties. This absurdity, how. liday.
ever, is almost invariably avoided by payment CREDITORS UNDER ESTATES IN CHANCERY, Bardswell for Mr. Banner. of a fine (generally fixed at £5) which the
LAST DAY OF PROOF. The VICE-CHANCELLOR, after stating the facts, law officer accepts as compensation for not CHUTER (Chas. 8.), Hounslow, Middlesex, builder, April said, as between receiver and remittee, the equi. being required to do the work. The prac
6; E.G. Pyke. solicitor, 1%, Lincoln's-inn-fields, London.
April 20; M. R., at eleven o'clock. ties were the same as existed up to the bankrupt- tice, no doubt, originated with the law officers, CRISPIN Francisco Joze C.), Faro, Algarve, Portugal. May cies. The securities were sent to cover the who an opportunity, of turning this 13; at the chambers of V.C. B., New-square, Lincoln's. acceptances, and for nothing else. Neither
inn, Middlesex, England, June 1; V.C. B., at two power to account for their personal benefit,
o'clock. Ashton nor any one else through him could and it is still adhered to in leases granted DAUBENY (Jas.), 2. St. James's-terrace, Regent's-park, honestly claim the securities for any other pur- by the municipal corporation, although its law
Middlesex, Esq. Mead and Daubeny, solicitors, 2, King's
Bench-walk, Temple, London, April 14; V.C.' H., at pose. It had been argued that the principle in officers are paid by salary, and all fees received Er parte Waring did not apply, inasmuch as there are paid to the City Chamber, and with many of JONES Wm.). Kaleyards, Chester: April 13; Samuel had been no acceptance. The cases were different the City companies it seems resorted to as a
Smith, solicitor, Chester. April 28; V.C. M. at twelve to that extent, no doubt, but the principle did means of eking out the clerk's remuneration. It LEMON Watson), 16. New Church: road, Camberwell. apply to this case, and if there had been any is the client's grievance, for he must either pay Surrey, builder and contractor. April 13; Wm. Newman, doubt on that point it would have been set at the fine, or (unless he foregoes the assistance and
solicitor, 44, Bucklersbury, London. April 27; V.C.M. at rest by the decision of Re Richardson (2 Law | advice of the solicitor whom he has been consult. LININGTON (Jog.), Southsea, Southampton, Esq. April 13; Jour. Bank. 23.) The securities had been as. ing up to the point of the preparation of the C. B. Hellard, solicitor, Portsmouth. April 20; V.0. M.at
twelve o'clock. signed, coupled with a trust which, under the document) pay two solicitors' bills. When, as
MASON (John), Bournemouth, chemist. April 6: F. J. circumstances, enured for the benefit of the is often the case, two solicitors are employed, Mann, solicitor, Hastings. April 18; M.R., at twelve plaintiff; they were sent for a specific purpose, questions arise as to who is to bear the charges which the accident of bankruptcy prevented being of the lessees" solicitor, and the settlement of this ODDIE (Henry H., Colney House, Hertford,
Ex9. April 15;
J. H. James, solicitor, 62, Lincoln's-inn fields, London, carried out in the way intended." But the remit. 'question again entails further expense. The plea April 27; V.C. M., at twelve o'clock,
Claimant said Jacob Birt.
PERRIN (Samuel H.), 6, St. Stephen's-terrace, Lewisbam, PAYNE Dr. Chas. H.), M.D., formerly of The Hill, Wimble questions and matters shall be heard and disposed Kent, and 15, King-street, Cheapside, London, solicitor don, Surrey, late of 2, Stirlaud-road, Maida Vale. Pad of by one of the judges upon the rota, if praticable, April 17; L. W. Gregory, solicitor, 13, King-street, Cacap- dington, Middlesex Hay 1; Raodes and son, solicitors, and if not, then by any judge at chambers.” By side. MAY 2; MR., at eleven o'clock. PUDGE (Wm.), Castle Frome, Hereford, butcher and farmer. POLE (Edward S.C., Radburne Hall, near. Derby, Park 57th General Order, it is provided that "the ap. april 2; Thos. Wm. Garrold, solicitor,
Hereford. April 14; V.O.M..at twelve o'clock.
aud of Rurby. EX1. April 30; Gregory and Cy., solicitois; plication to state a special case may be made by STANLEY (Henry Wm ), 185, Clarendon road, Nottin:-hill, 1, Bedford-Tuw, London.
rule in the Court of Common Pleas when sitting, Middlesex, pawnbroker, April 20; 8. Risley, sol citor, 14, Povcia (Joon, Quad House, Edgbaston, Warwick, mer.
or by a summons before a judge at chambers, Gray's inn-square, London. May 1; V.C.M., at 12 o'cock.
April 30; Sanders anu Suaith, solicitors, 13, SYMONDS (Edwd.), 19. St. James-road, Victoria Park, Mid- Temple-row. Biriningham.
upon hearing the parties." Reading the 37th and dlesex, gentleman. April 10; H. Harris, solicitor, 86, Priest, otherwi e DUDLEY (Sophia), 82, Upper Seymour. 4ith General Orders together, the intention apMoorgate-street, London. April 20; V.C. M., al twelve stree, Poraman-square. Middlesex. spinster. April 20;
pears to have been to meet the very exigency that o'clock.
Chas. Holt and Son, solicitor, 93, Guildford-street, LonWEBSTER (John), Manchester, solicitor. April 6; A. B.
has arisen. The 37th General Order may be said Carpenter, soricitor, %, E!m.court, Temple, London. RAYNSFORD (Henrietta C., 11, Keppel-street, Bloomsbary, to refer to such a judge as is pointed out by the April 18; V.C.M., at iwelve o'clock
Middlesex, widow. Ap-11 22; A. F. and R. w. Tweedie, 41th Rule, that is to say, a judge of the rota. WHITLEY Mary), Row of Trees, Chorley, Chester. April solicitora, 5, Lincoln' -inn-fields, London,
13; A. D. Edwards, solicitor, Drazenose-street, Man- RYDE (Harrier, Glenbourne, West-end, Southampton, [DOWSE, B.-The rule is constructed in a rather chester. April 20; M. R., at eleven o'clock,
widow. April 30; Green and Moberly, solicitors, 10, slipshod manner; and there is no precedent to go Wooprall (Ann), 13, Camden Avenue. Peckham, Surrey, Portland-terrace, Southampton.
widow. April 20; J. Brennan, solicitor, Maidstone. SMITH (Sir Francis P. Knt., Carator of the Patent Office by, as there has been only one similar application May 4; M. R., at eleven o clock.
Museum, South Kensington, late of 15, Thurlue-place, made since the passing of the Act, and that was WOODFALL Chas.), Glenview, Neilgherries, Madros, and South Kensin tou, Middlesex. April 10;. F. W. Pam- made before Keogh, J., who was also a judge of
13, Camden'avenue, Peckham, Surrey, a major in the philon, solicitor, 5, John-street, Adelphi, Middlesex. Hon. East India Corapany's Service. July 17: John Snow (Re". Henry The Vicara ze, Bibury, Gloacester, the Common Pleas.) 'He acted in his capa. Brennan, solicitor, Maidstone. July 31; M. R., at eleven Vicar of Bibury, June 81; A. Dobie, solicitor, 2, Lancas- city as one of the judges on the rota. The order o'clock
shall be SPERLING Heury J. 5. X., formerly of Hampstead, Mid. does not say that the application CREDITORS UNDER 22 & 23 VICT, c. 35. diesex, late or 7, Bath-screet, Brighton, SassexEsq. made to "the Common Pleas, or to any judge Last Day of Claim, and to whom Particulars to be sent.
April 15; Barwn, Yeates, and Hart, solicitors, 26, thereof." The words are "a judge,” which must ALDERSON (Rev. Edinand), Aslackby. Lincoln, April 15;
Chancer -lane, Lundun.
mean any judge; the other construction would be BARNETT ( Wm.), 50, Holloway Head, Birmingham, ale and
Gloncester House, Melcombe Regis, Dorset, schoolmis. a narrow one. If all the judges of the Court of wine dealer. May 13; Win. Cottrell, solicitor, 104, New
tress. May 1; Phelps and Sidgwick, solicitors, 3, Gres- Common Pleas were out of town, great delay and hall-street, Birmingham.
ham-street, London. BARTLEY (Henry J.), 30), Somerset-street, Portman-square,
STATHAM Thos.), Frospect-place, Topsham-road, near inconvenience would arise, unless it were held that Middlesex, and 19. Abbey-place, St. John's-wood, and
Exeter, gentleman. March 25; Geare and Co.,
solicitors, a judge of another court on the rota could enteralso of 4, Nelson-crescent, Ramsgate, Kent, gertleman.
tain the application. April 0; Bartley and Co, soliciturs, 80, Somerset-street,
SUMNER Wm.), formerly of Birmingham, Warwick, che nist, Portman-square, Middlerex and late of Sparkbrook, near Birmingham, hop dealer.
Purcell, Q.C. (with him Costello), for respon. BEARBLOCK (Elizabeth). Ruckstone, Ryde, Isle of Wight,
April 22; Sole and Co. Solicitors, 6s, Aldermanbury, dents in the Athlone case. This application can
London spinster. April 19; Clifton and Haynes, solicitors, kom. ford, Essex.
THOMPSUN (Wm. G.), 15. Dalston-terrace. Dalston, Middle-only be made to the full Court of Common Pleas, BEISLY (Sidney), The Cedars, Laurie Park, Sydenham,
sex, gentleman. Ap i! 25; Satchell and Chapple, solicitors, or to a member of that court. The Act confers Kent, Esq. May 1; Pattison, Wigg, and Co., solicitors,
Queen-stret. Cbeapside, London,
this power upon the “ Court.” By sect. 2 that 50, Lombard-street, Lon on. TOLLMAN ( thos.), formerly of the Devonshire Arms, Sher
word is defined to mean the Court of Common BELL (Isabella T., Merton Abbey, Merton, Surrey. April
Wood-street, Golden Square, Middlesex, licensed victualler, 21; Wm. A. Cruinn, solicitor, 10, Pilpot-lane, Lond n.
and late of 2. Sourh. i'las, Ealing, of no occupation. Pleas at Westminster or Dublin respectively. It BIRCH (Rev. Edward M.), Kirby. Moorside, York, clerk.
April 18; Shnen, Roscoe, and Massey, :olicitors, Bedford- is, therefore, plain that, unless there is some May 18; Wm. Gray. solicitor, York. BISHOP (Anthuny C., Guestling, Sussex, gentleman. May
VACHE, otherwise Wache (Marie M, 17, Somerset-street, alteration caused by the rules which the judges 7, Meadows and Elliott, solicitors, 82, Havelock-road,
Portman-square, Middlesex, spinster. April 2; Ander- are authorised to make by sect. 25, there is no Hastings.
son and Sons, solicitors, 17, Ironmonger-lane, Cheapside, jurisdiction, except in the Court of Common Pleas.
London. BORMAN Josiah), 14, Aberdeen Park, Highbury, Middlesex and Sboe-lane, London, emery manufacturer. May
WARD (Thos )Melton Mowbray, Leicester, gentleman. Rule 37 only says such application shall be made 4; J. Edwin Carter, solicitor, 6s, Austinfriars, London.
MaylE. H. M. Clarke, solicitor, Melton Mowbray. to the Court of Common Pleas when sitting, or to BROTHERS (Mary), St. Paul, Deptford, New Cross, Kent, WHITE (Mary). 3. Pennsylvania, Exeter, widow. April 25;
& judge in chambers; and such a judge in cham. spinster. April 1; Williams and James, solicitors, 2
T.J. Bremridge, solicitor, Bampfylde-street, Exeter. Lincoln's inn-fields, Middlesex.
WHITTINGTON (Adelvide S. S.),
formerly of 49, Orsett-ter- bers must manifestly mean a judge of the same BROWN (Richard, Luton, Beds, timber merchant April
race, Bayswater, late of 8), Weymouth-street Purdland court. 4; Ho.'ams and Co., solicitors, M ncing-lane, London. place, Middlesex, widow. May 1; J. W. Smith, solicitur,
Sheridan, for respondents in the Mayo case. CEARNS (Edw. P., Beckenham, Kent, solicitor. May 10;
3, Furnival's-inn, London. Lowless, Nelson and Co., solicitors, 26, Martin's-lane,
WOOLVERTON (James , Bramley, Surrey, gentleman. April DOWSE, B.—The way the matter stands is this : Cannon-streat, Loudon.
13; R. E. Mellersa, solicitor, Godalming, Surrey.
This application is made to me under sub-sect. 16 CORDEAUX (Samuel), 6s, Camden-square, Camlen Town,
of the 11th section of the Parliamentary Elections Middlesex. kentleman. April 7; k, and E Bastard, solicitors, 2, Brabant-court, London,
REPORTS OF SALES,
Act 1868. The 11th section of that Act deals CORK (Henry M.), Woodford Fa-in, Plympton St. Mary,
with the trial of election petitions, and the 16th Devon, yeom:1. April 5; Deane and Co. solicitors, 14,
Monday, Jarch 16.
clause provides that if, upon the application of South-square. Gray's-inn, London. CORNWALL (Geo), Parkview, near Bandon, Cork, late of
By Messrs. DEBENHAM, I'Ewson, and FARMER, on the any party, it appears to the court that the case 108, Jermyn-street, Middlesex, a major in H.M.'s Sird Finsbury. – Tabernacle-square, the lease of the Apollo the court may direct it to be stated, and any such
raised can be conveniently stated as a special case, Regiment of Highlanders. March 30; Dean and Co. soli. citors, 14, South-quare, Gray's-inn, London.
Works, area 6500 feet. term 77 years-sold for £1020. CROSLEY (Jas., Lee s. chemist oni draggist. March 81 ;
Tuesday, March 17.
special case may be heard by the court, and the Henry Snowden, solicitor, Leens. DYTE (Henry), late of 6, King's Bench-walk, Tempe,
The-evorrion to teaschols and freehold
of By Messrs. DEBENIAM, TEwson, and Fanmer, at the Mart. decision of the court shall be final, and the court London, and 12, Wa'erloo-road, formerly of 6, Tillots in
Brompton, and Whitechapel, yielding 2470 per annum, pace, Wa'erloo Brilge. Surrey, gentleinan. April 15; life and 70 yeara-sold for £2000.
the House of Commons. The judges upon the Wm. Venn, solicitor, ., New-inn, Strand, Middlesex.
Belgravia. - Ecclestoo-street, East, two sets of stabing, &c., rota are to hear and try the petition ; but the EDEN (Sir Wm.), Bart, winchestne, turbam May 1;
torm 21) ears-sold for 2500. Watkins, Baker, and Baylis, solicitors, 11, Sackville
present motion is to take the case out of the order street, London.
of hearing before a judge in the country, and to ELLIOTT (Andrew, otherwise Andrew Corris, or Corrie), 155, Belgrave-street, Balsali Heath, near Birmingham,
make it, as it were, a question for demurrer, as gentleman. Mayl; D. Dimbleby, solicitor, 15, Bennett's
contradistinguished from a case at Nisi Prius, and FRIEND (G0.), formerly of 17, Canonbury Park, Islington,
COURT OF COMMON PLEAS (IRELAND).
there is every reason why that application shonld
be in strictness heard and decided by a judge of Middlesex, late ot 1, Magdalen-teriace, St. Leonard's-onSea, Sussex, April 15; Johnson and Coute, solicitors, ll,
(From the Irish Law Times.)
the Court of Common Pleas, and even by the full Wardrobe-place, Doctor's.commons, London.
(Before Dowse, B., in Chamber.) GREEN (St. John), formerly a Lieutenant in H.M.'s 13th
I have no jurisdiction except that conRegiment of L.I., late of Bedford, Esq. May 30; Jas.
Saturilay, Feb. 28.
ferred by the statute. The court that directs the Pearse, solicitor, Bedford. GRIEVES (Ricbard), 2, Prudhoe-place, Newcastle-upon
O'DONEL V. TIGHE AND ANOTHER.-SHIEL V.
case to be stated is the court that finally decides
the case; and on referring to the interpretation Tyne, gentleman. Mar 1; J. G. and J. Joel, solicitors, 1,
ENNIS AND ANOTHER. Newgate-street, Newcastle upon Tyne.
clause of the Act, the word “court” is defined to HAZELDINE (Anu), Danem ne, Godstone, Surrey, widow.
31 & 32 Vict. c. 125, 8. 11, c. 16–37 General Rules mean the Court of Common Pleas at Dablin. May 31; C. We lborne, solicitor, 17, Duke-street, London- 1368—Jurisdiction of judge on the rota, not being Under the provisions of the Common Law Probridge, London, HENDERSON (John), Amble, Northumberland, fish curer.
a judge of the Common Pleas,
cedure Act this word "court” generally msans April 1; Allan and Davies, solicitor, 23, Granger-street,
Motion to have the case raised by a Parliamentary the full court, though there are cases where it Newcastle upon-Type.
election petition stated as a special case refused, has been held to be applicable to a judge. The HENLEY (Sarah F., Tuornton-villa, Richmond-hill. Clifton, Bristol. April 12: Su man, Henley, and co., Eolic tois,
the motion being made to a judge on the rota as Parliamentary Elections Act 1868 gives the judges 85, Lincoln son fils, London.
election judge who was not a judge af the Court full power to make general orders, which are to HOLLOWAY Jane), Brewer's-green, Wallington Surrey, widow, wadding and mattress manufacturer. April 10;
of Common Pleas, instead of being made to the have a statutory force. These rules so made are J. Murray, soliciter. 7. Whitehal-place, London.
Court of Common Pleas, or to a judge of that copied totidem verbis from the English rules, the Jonsson (Robert', formerly of Pageant's Wharf, Rother
court on the rota in chamber.
judges wisely doing so for the sake of uniformity. h the, Surrey, and late of Forst Villa, Queen's road, APPLICATIONS on behalf of the petitioners in the Rule 37 prescribes that the application is be made Buckhurs:-hill, Isiex, timber merchant. May 5; R. and A. Russell, solicitors, 69, Coleman.st eet, London. Mayo County and Athlone County Election Peti. to the
Court of Common Pleas when sitting, which KINGDON (John H.), formerly of Ohioping Norton, Oxford, tions respectively, to have special cases stated I take to mean the full court; but, considering
wine merchant, lace of 19, Thu Grove, Boltons, South Kensington, June 30; A. L. and A. C. Rawlinson,
pursuant to the provisions of 31 & 32 Vict. c. 125, that election petitions arise suddenly, and that solicitors, Chipping Norton. Lucas Huracis u Westbourne-terrace, Hyde.park, application of any party to a petition made in the about twelve weeks in the year, the rule then and 13, ew Brond street, London, merchant. April 22; prescribed manner to the
court, it appears to the provides that, if not before the court--that is: Samp on. Sanuel and Emanuel, solicitors, 36, Finsbury
court that the case raised by the petition can be supposing the full conrt not to be available—the Ludlow (kev.John T.), formerly of Compton Greenfield, conveniently stated as a special case, the court application may be made before a judge in Gloucestero aprile grecke aud" Suus, solicitors, may direct the
same to be stated accordingly,
and chamber. But it seems to me that the words..ma Shannon-court. Corn.street, Bristol. dlesex, coal merchant. April 11; G. R. Innes, solicitor: heard before the court, and the decision of the mon Pleas in chamber'; and I think that the three
, 106, Fenchurch-street, London. LUXXies (Jas , Halesworth, Suffolk, yeoman. April 4; court shall be final, and the court shall certify to learned judges who drew
up the rule so intended. Cross and Ram, solicitors. Halesworth, MEYER. (Geo), Victoria Hotel, Shettiela, hotel keeper. special case." The same point arising in both 44th General Order, in providing for interlocutory April :0; Smith and Hinde, solicitors, 17, Bank-street, Sheffield
applications, they were, at the request of the motions, prescribes that they may be dealt with Norris Wm.), late of the Crescent, Anglesey, near Gos-court, argued together by the respective counsel. before a judge of the rota " if practicable, and if port, Southampton, formerly a captain in H.M.'s Rifle Brigude. April 30; Oliver and Son, solicitors, 61, Carey
Armstrong, Serjt., for petitioners in the Mayo not, before any judge at chamber." There the None Cnas.. Chestertheim , high bailia. June 30; W. and tioners in the Athlone case. --By 44th General that supposing I were to entertain the applica;
case, and (with
. word "any” is used. Another difficulty I feel is, PAINTER Thos. Formerie Comuniston, Berks, late of Order, it is provided that " all interlocutory ques. tion, has the party against whom I would in such Uxmore Farm, Ipsden, Oxford, fariner.' Mayti; Crowdy tions and matters, except as to the sufficiency of case decide the opportunity of controlling my and Son, solicitors, Farinsdon, Berks. the security, shall be heard and disposed of before decision? There is no appeal given. So that if
, PARKER Rev. Edwin J.,B.D., vicar of Waltham St. Law.
a judge, who shall have the same control over the on the present application, I were to make an Photoy Henny dom, Sparshoult, near Wantage, Berks
. De esos, as a judge the chambers ita the
Crdinary the court, it were
contended that I had no juriso to happen georze Sheppara, Esq. Wartlington; 1 proceedings of the Superior LeCourts, and suck diction to make the order, and if the court were near Havant, Hants.
to allow that objection, what would be the result ? | avoidable absence without the present inconve
COMPANY LAW. I am not ambitious to 'andertake duties not im- vient process of application to the Home Office. posed upon me by tbe terms of the statute, whilst In fact, that they should be in the relationship of
NOTES OF NEW DECISIONS. at the same time I am willing to do whatever is chief and puisne judges. In such case I would imposed on me. There being no appeal if I were suggest, further, that the second judge, as is now
SHAPES - TRANSFER—LIABILITY TO to grant the order, and entertaining as I do, not the assistant.judge, should be appointed by the CALLS-RIGHT OF TRANSFEREE TO INDEMNITY. indeed a positive opinion, but a grave doubt as to Crown, and so the present obstacle to promotion Plaintiff, the holder of a number of shares (not my jurisdiction, I shall make no rule on these be removed, which practically excludes the very fully paid up) in a joint stock company, sold applications, saying nothing as to costs.
persons who have the best title to it—that of twenty of them to the defendant in Dec. 1865,
No rule. knowledge acquired by experience and the claim the transfer to the defendant being duly exeAttorney for petitioners in both cases, Dillon. of long and faithful service."
cuted and registered ; and in March 1866, the Attorney for respondents in Mayo case, Griffin
defendant transferred these shares to one M., in and Plunkett.
whose name they were at the same time registered. Attorneys for respondents in Athlone case,
OXFORD CIRCUIT-STAFFORD. In April 1866 the company stopped paymont, and Costello.
Saturday, March 14.
in May 1866 an order for compulsorily winding (Before Lord COLERIDGE.)
it up was made. In July 1866 an A. list of con.
tributories (i.e., of actually existing members) MAGISTRATES' LAW.
Stealing as a bailee.
was made out on which M was placed in respect JUDGES AT THE MIDDLESEX SESSIONS. as a bailee, the sum of £14, the moneys of Patrick
year M. executed a deed of inspectorship under O'Hara. MR. SERJEANT Cox writes to the Times : “ Sir,
the 192nd section of the Bankruptcy Act 1861,
Underhill prosecuted. A Bill is about to be submitted to Parliament to
and the liquidator proved under the deed for the
Young defended the prisoner. regulate the salary of the Assistant-Judge. Per. The facts of the case were these : The prisoner A. list of contributories being unable to satisfy
amount of the calls, but nothing was paid. The mit me, through your influential columns, to was an old woman verging on eighty years of age, the contributions required, a B. list of contribuprefer the claim of the Second Court to be pro who lived at Wednesbury, and the prosecutor was vided for in the same enactment. Having for a young Irish labourer who lodged in her house, had not ceased to be members for a period of one
tories was made out, consisting of persons who nearly five years discharged the duties of judge In the early part of the year the prosecutor had of that court, I am enabled to state the facts, saved a sum of £12 in gold, which he was in the year
or upwards prior to the commencement of which will, doubtless, be a surprise to your habit of carrying about with him, having nowhere the winding-up, and both plaintiff and defendant readers. In this Second Court there are tried to put it. The prisoner represented to him that executed a deed of inspectorship under the 192nd
In Dec. 1867 defendant yearly apwards of 600 prisoners. One-eighth of this was an unsafe proceeding on his part, and sug- section of the Bankruptcy Act 1861. In March the crime of England and Wales sent to a jury is gested that she should keep his money for him. 1869 a call was made on the
defendant of £40 per disposed of at these sessions, and the offences are This offer the prosecutor accepted and gave her share, and the
liquidator proved against his not of the same petty character as are those the £12, which she put into a box, on the terms, estate, but nothing was paid. By a compromise usualy dealt with at quarter sessions. Metro as he said, that she should keep it safe for him with the liquidator, which was sanctioned by the politan crime bas many peculiar features. It and give it him when he wanted it. Subsequently, court, the plaintiff paid the official liquidator £15 includes an extraordinary number of ingeninge on different occasions, he gave the prisoner two frauds, often involving difficult and complicated more
sovereigns to take charge of."
On the 3rd per share, and
an action against the questions of law and fact. To deal satisfactorily March prosecutor's cousin, John O'Hara, came (affirming the judgment of the Court of Queen's with London crime demands much knowledge of to borrow a sovereign, whereupon the prosecutor Bench), that the defendant was bound to indemlocalities, persons, the habits, the practices, and asked the prisoner to fetch him one of his nify the plaintiff against all calls in respect of the even the faces of its habitual criminals, such as sovereigns to lend to his cousin. The prisoner twenty shares made after the transfer
of them by can be acquired only by long experience. Skilled then said that she had put the money into the the plaintiff to the defendant, and that the police magistrates dispose of all the more simple Post Office Savings Bank for him, and would show inspectorship deed executed by the defendant was and trifling casos, and those alone are sent for trial | him the book on the following day. However, which have in them something special. Hence it several days elapsed and the prisoner did not have proved under it: (Kellock v. Enthoven, 30
no defence to the action, as the plaintiff could not is that in the importance and difficulty of its produce the book, and eventually these proceed. L. T. Rep. N. S. 68. Ex. Ch.) business, as well as in the number of cases tried, ings were taken. Upon the opening of the case by this court is second only to the Central Criminal the learned counsel for the prosecution, Court. Young raised the objection that there was no
RAILWAY COMPANIES. " The sessions are held fortnightly throughout bailment within the meaning of the statute ; that the year, with three exceptions, when there is an the prisoner's position with respect to the prose
A SPECIAL general meeting of the Railway Shareinterval of a fortnight. Usually they occupy one cutor was similar to that of a banker towards holders' Association, for obtaining the repeal of whole week, and often extend far into the next. his customers, as the prisoner had no duty to do the railway passenger
duty, was held on Tuesday I have no vacation. I have now sat for five years anything with the money but keep it--that is, be last at the Cannon-street Hotel; Sir A. Brady in without a single holiday, and in that time have a banker herself; and that it was not the same
the chair. tried upwards of 4000 criminals. And for all this as if she had it for some specific purpose. Mr.
Mr. H. S. Ellis, the hon, secretary, having read the payment is 5 guineas per day. In no year has Young cited the case of Reg. v. Arden (12 Cox the notice convening the meeting, the total exceeded £650, that is to say, just one. Crim. Cas. 512), in which the prisoner had been
The Chairman stated the objecü of the meeting, half the salary of a police magistrate, and not one. intrusted with money to pay for coal, but instead which was to consider a memorial to the Chanhalf that of a County Court judge. Of the other of doing so, had appropriated it to his own use,
cellor of the Exchequer for the repeal of the pasqualifications required for a judge in such a court and on these facts was held rightly convicted of senger duty. He hoped that every railway shareit would not become me to speak.
larceny as a bailee ; also Reg v. Henderson (11 holder in the room would sign the memorial which venture to appeal to Parliament and to the Cox Crim. Cas.), where the prisoner was intrusted lay on the table for signature. The tax was much public alike against the amount and the manner with two brooches, on the terms that if he did not more injurious to the travelling public than many of payment. The judge of the second court of sell them within a certain time he was to return persons supposed. these sessions — the second criminal court in them to the bailor. He did not sell them within
Mr. Parkes read the report of the association, England—is the only judgo in England paid by the stipulated time,
but after that had expired claiming the
cordial support of all classes of the day, and there is no other judge, nor even a pawned them, and was held rightly convicted of railway shareholders in its endeavours to obtain recorder, who is not rewarded more liberally.
It larceny-in order to show that to constitute a
the repeal of the railway passenger duty. “I have no personal motive for submitting this bailment the goods must be delivered to the bailee stated that the experiment of conveying pascomplaint. I have undertaken the office because for a specific purpose. Mr. Young also referred sengers on railways at a speed exceeding that of I like the employment, and I would willingly dis- to Reg. v. Hassall (Cox Crim. Cas), to show that stage coaches, initiated by the Liverpool and charge its duties were it only a post of honour. a person under an obligation to return a sum of Manchester, and Stockton and Darlington Rail. But I ask for a revision of the present manner money, but not the specific coins, is not indiet- ways, having succeeded, the railway system began and amount of remuneration for the honour of all able as a bailee under the statute.
to develope in 1832 by the promotion of the judges, for the credit of this court, in the interest His LORDSHIP said this was surely the ordinary London and Birmingham Railway, and Parliament, of my successors, and as due to the administra naked bailment defined by Lord Holt in Coggs v. apprehensive of the loss of revenue from the tion of justice.
Bernard (2 Lord Raymond, 909) as the delivery of transfer of passenger traffic from stage coaches to * The suggestion I would respectfully offer is an article to the bailee to keep and return it. The railways, imposed in that year cn railway com. that the assistant.judge should receive the pro- point as to the delivery of specific coins did not panies a duty of Id. per mile for every four pas. posed salary of £1500 per annum; that the judge arise in the present case, as, according to the evi- sengers. In 1842 the duty was altered to 5 per cent. of the second court should be constituted such, dence of the prosecutor, he asked prisoner to give upon the receipts from passengers of all classes. In eo nomine, and receive a salary not less than him one of his own sovereigns to lend to his cousin. 1844 exemption (under certain conditions) was that of a police magistrate ; that the judges should The jury convicted the prisoner, and the judge granted from the dutyin respect of passenger traffic have co-ordinate jurisdiction, so that either may sentenced her to six months' imprisonment, with when the fare did not exceed 1d. per mile. The at any time act for the other in illness or un- hard labour.
duty on stage carriages was finally abolished on the 31st Dec. 1869. The Inland Revenue Depart
ment contended that the exemption from duty in BOROUGH QUARTER SESSIONS.
respect of fares not exceeding 1d. per mile could Borough.
only be allowed under certain conditions, the What notice of appeal to be given.
principal of which was that the train should stop
at every station. The duty was disadvantageous Berwick -on-Tweed Thursday, April 2. Wm. T. Greenhow, Esq...!
S. Sanderson. to the public. Railways and, in fact, almost Thursday, April 9. Samuel Pope, Esq., Q.C. 10 days
all public works in this country for the accommoCanterbury
Wednesday, April 8 George Francis, Esq. i Statutory. Herbert T. Sankey.dation of trade had been made by private enterCarmarthen
Monday, April 13 B. Thos. Williams, Esq.... | 10 days
prise. If the railways had been left to the
John S. Barnes. Government to construct, very few indeed would Dartmouth Friday, March 27 A. Wm. Beetham, Esq. ... 10 days
have been in existence at the present time, and Doncaster Wednesday, April 1. Edgar J. Meynell, Esq.
Edward Nicholson. the progress of the country would have been Dover Monday, March 30 Harry B, Poland, Esq. 2 days
E. M. Ledger. greatly retarded. Means of rapid locomotion for
F. F. Giraud.
transaction of business, for residential purposes, King's Lynn Thursday, April 16 D, Brown, Esq., Q.C..
and for health were a necessity in the present Kingston-on-Hull. Thursday, April 9. S. Warren, Esq., Q.C..... Statutory........ R. Champney. condition of the nation, and whatever tended to Leeds Saturday, April 11 J. B. Maule, Esq., Q C... 10 days
Charles Bulmer. limit the facilities and power of a railway company Newcastle-on-Type W. D Seym ur, Esq., Q.C. 14 days
Jobn Clayton. to supply those means of locomotion was detriRichmond (Yorks) | Friday, April 10..
Wm. N. Lawson, Esq. 1 day
C. George Croft.
Wm. W. Hayward. mental to the public. A portion of the public Southampton Monday, April 13 Tbomas Gunner, Esq..
would receive an immediate benefit from the reWigan . Wednesday, April 29 Joseph Catterall, Esq.
Thomas Heald. moval of the duty. The duty was oppressive on
Clerk of the Peace.
John H. Barker.
F. G. Archer.