DAVIS (William Holme), Cleevedon, 16, Tennison-rd, South Norwood, Surrey, formerly of Elm Court, Star Cross, Devon. March 15; P. F. Gellatly, solicitor, 2. Lombard-ct, Gracechurch-st. March 25; Mr. Justice Stirling, at twelve o'clock. MCCANN (Pierce), 139, Lee-rd, Lee, S.E., retired major of Her Majesty's army. March 18: E. Shalless, solicitor, 53, Royal-hill, Greenwich. March 26: Mr. Justice Kekewich, at twelve o'clock CREDITORS UNDER 22 & 23 VICT. c. 35. LAST DAY OF CLAIM AND TO WHOM PARTICULARS TO BE SENT. ADSETT (James Thompson), 4, Upper Bridge-st, Canterbury, gunmaker. March 8; W. Furley, solicitor, 38, St. Margaret-st, Canterbury. AYLING (Edward John), 200, Upper Kennington-la, Surrey, oar and scull maker. March 22: H. F. P. Roberts, solicitor, 7, Gray's-inn-pl, Gray's-inn. ASPLEN (Caroline), Foxton Hall, Cambridge. March 13; J. E. and H. Scott, solicitors, 16, King William-st. ARNOLD (William Cooke), 72, Kingsdown Parade, Bristol, stock and share broker. April 3; Bobbett Bros., solicitors, 44, Corn-st, Bristol. ATKINSON (Michael), 5, Tyne-ter, North Shields, retired draper. March 15; C. J. R. Brown, solicitors, 33, Saville-st, North Shields. ATCHISON (James), 17, Rosedale-ter, Newcastle-upon-Tyne, potato merchant. March 16; H. E. Richardson. solicitor, 26, Market-st, Newcastle-upon-Tyne. BUTLER (Hannah), the Cedars, Compton, near Wolverhampton, Staffordshire, widow. March 13; Fowler and Langley, solicitors, 79, Darlington-st, Wolverhampton. BARNARD (Anna Maria), formerly of Shrewton, Wiltshire, late of 30, Lugley-st, Newport, Isle of Wight, spinster. March 13; J. Eldridge and Sons, solicitors, Newport, Isle of Wight. BRANSON (Caroline Hoole), 79, Wilkinson-st, Sheffield, spinster. March 31; Branson and Son, solicitors, 9, Bank-st, Sheffield. PINGHAM (Charles William), 25A and 37A, Lower Mosley-st, Manchester, Lancashire, and of 21, Lynwood-grove, Sale, Cheshire, tobacco merchant. March 20; Morse, Hewitt, and Farman, solicitors, 37, Walbrook. BORREY (Francis), Littleover, Derbyshire, gentleman. Feb. 20; W. H. Whiston, solicitor, 25, St. Mary's-gate, Derby. BURNER (Julie), widow of the late Eugene Burner, 126, Ferndale-rd, Clapham, and 12. Machell-rd, Nunhead, pipe maker. March 9; E. H. Quicke, solicitor, 11, Milk-et-bldgs, Cheapside. BRENTNALL (John), Pecks Hill, Mansfield, Nottinghamshire. March 15; A. B. Littlewood, solicitor, Wheeler-gate. Nottingham. BURNEY (Hugh Somerville Sawyer), formerly of the Albany, Piccadilly, late of Princes-mansions, 70, Victoria-st, Westminster, a retired lieutenant-colonel in Her Majesty's army. April 30; F. Richardson and Sadler, solicitors, 29, Golden-sq. BURNETT (Eliza). Horsemoor Green, Langley, Buckinghamshire, spinster. March 25; COOPER (Venerable John), Archdeacon of Westmoreland, formerly vicar of Kendal, CORNER (John) 18, Commercial-st, Hereford, ironmonger. Cock (Charles), West Mersea, Essex, farmer. March 10; Marshall and Potter, solicitors, Trinity-st, Colchester. CRAMP (Offley), 3, Albany-mansions, Albert-rd, Battersea. Surrey, and of the COHEN, otherwise BLIND (Mathilde), the Poplars, 20. Avenue-rd, Regent's Park, and of CALTHORPE (Hon. Isabella Eleanor Mary Gough), 9, Stratton-st, Piccadilly. March 17; CUTLER (Henry Porter), 13, Arbour-sq, Stepney, wharf superintendent. March 15; G. Turner, solicitor, 78, Leadenhall-st. DAY (Mary), Winchcombe, Gloucestershire, spinster. Feb. 25; A. E. Nalder, solicitor. Shepton Mallet, Somerset. DAVIDSON (Henry), 3, Paper-bldgs, Temple, barrister-at-law. March 15; Jacobs and Levinsohn, solicitors, 16, St. Helen's-pl. DAWSON (Anne), 113, Spring Bank, Kingston-upon-Hull, widow. April 15; Scott and DU BOULAY (John), Donhead Hall, Salisbury, Wiltshire, gentleman. March 6; EWART (Charles Henry), 8, Princes-bldgs, Clifton, Bristol, Gloucestershire, a colonel of Her Majesty's Indian Staff Corps (Bengal). March 25; Bolton and Co., solicitors, 3, Temple-grdns, Temple. FLUDYER (Rev. Sir John Henry), Ayston, Rutlandshire, baronet. May 1; Arnold and GAINE (Charles Henry Brydges), late lieutenant 4th Hussars, who died at Gbyi in the solicitors, Theatre-st, Norwich. GUTSELL (George), Kingsomborne, Southampton, grocer. March 27; Hickman and GORRIE (Margaret), 60, Nelson-sq, Blackfriars-rd, Surrey. spinster. April 12; JACKSON (Joseph), Lilford hotel, Leigh, Lancashire, licensed victualler and brewer. JACKSON (Rev. Charles Bird), formerly of Northwood, Staffordshire, late of Wold Newton, Lincolnshire, clerk in holy orders. March 22; Bell and Ingoldby, solicitors, Louth, Lincolnshire. KARLBAUM (Harry), Royal Hotel, Blackfriars, formerly of Melbourne, Victoria, stockbroker, and for some short time resident at Branxholme, South-end-rd, Beckenham, Kent, who died at Bonn, Germany. March 18; Irvine and Borrowman, solicitors, St. Olave's Rectory, 8, Hart-st, Mark-la. KING (Emily), Ormonde Villa, 97, Central-hill, Upper Norwood, Surrey, spinster. LAMONT (Josephine), 48, Grove-la, Camberwell, Surrey, widow. March 12; Colyer and Colyer, solicitors, New-inn-chmbrs, 41, Wych-st, Strand. MARRIOTT (Elizabeth), 9, Henrietta-villas. Bath, Somersetshire, spinster. April 20; G. S. Pearce, solicitor, 14, New Bond-st, Bath. MASTERMAN (William Wilson), 30, George-st, Silksworth, Durham, retired sergeant of police. April 11; W. Bell and Sons, solicitors, 23, Lambton-st, Sunderland. MCGEORGE (Amelia), 78, Mount Pleasant, Liverpool, spinster. May 7; W. F. Morecroft and Co., solicitors, 5, Castle-st, Liverpool. May 7; W. F. MCGEORGE (Elizabeth), 78, Mount Pleasant, Liverpool, spinster. MEERES (Frances Sarah), The Limes, Haddenham, Buckinghamshire, widow. March NICOL (George Garden), 5, Cambridge-gate, Regent's Park, formerly of Beacon Hill House, near, Farnham, Surrey, gentleman. March 17; Tyrrell, Lewis, Lewis, and Broadbent, solicitors. 1, 2, and 3, Albany Court-yard, Piccadilly. NORCOTT (William Griffin, otherwise William), Warwick-villa, Warwick-rd. Ealing, gentleman. April 8; Fielder and Sumner, solicitors, 6, Godliman-st, Doctors' commons. NICHOLAS (William), 17, Octagon-st, Plymouth, Devonshire, licensed victualler. OLDRIDGE (George), Selby, Yorkshire, wine and spirit merchant. May 1; Parker and PIPER (Herbert), Purster Farm, Brede, Sussex, farm bailiff, March 15; W. Dawes solicitor, Bank-chmbrs, Rye, Sussex. POWELL (George), 2, Lee-rd, Blackheath, Kent, and of 41, Great Tower-st, wholesale PROSSER (William), Grove House, Pontnewynydd, Monmouthshire, farmer. April 16; POLLITT (Sarah Jane), 645, Rochdale-rd, Manchester, Lancashire, spinster. April 30; Rylance and Son, solicitors, 76, Mosley-st, Manchester. POLAK (Fanny Elizabeth), 2, Moss-ter, Upper Moss-la, Hulme, Manchester. March 27; PRICE (John), Mona House, Church-rd, Upton, near Birkenhead, Cheshire. March 31; REES (Edward Thomas), Prince of Wales hotel, Newport, Monmouthshire, licensed REYNOLDS (Henry Revell), Southover House, Heene, Worthing, Sussex. March 20; H. R. Reynolds, solicitor, 14, Bedford-row. SMITH (Henry), 60, Peel-st, Tranmere, Cheshire, stonemason. March 20; Lamb and Kyffin-Taylor, solicitors, 58, Hamilton-sq, Birkenhead. SEYMOUR (William John), formerly of 24, Wilton-st, Liverpool, Lancashire, late of 27, Leyfleld-rd, West Derby, near Liverpool, estate agent. March 31; J. M. Quiggin and Brothers, solicitors, 8, Harrington-st, Liverpool. STEELE (Ralph), Foxley Farm, Milton, Staffordshire, farmer. March 6; Bennett and Baddeley, solicitors, Hanley, Staffs. STORY (Sarah Mary Ann), 17, Bryanston-sq, Hyde Park, spinster. March 12; Morgan, Price, and Mewburn, solicitors, 33, Old Broad-st. March 18; March 13; SHORT (Martha), the Limes, Coggeshall-rd, Braintree, Essex, widow. March 19; HANDFORD (Thomas), 14, Regent-st, Nottingham, gentleman. March 9; Dr. Henry Handford, one of the executors, 14, Regent-st, Nottingham; A. Sale, solicitor, Atherstone. HALLEY (Charles), Langley, Buckinghamshire, builder. Feb. 22; E. C. Durant, solicitor, Windsor. HARDY (Rebecca), Ravenstone, Leicestershire, widow. March 12; Fisher, Jesson, and Wilkins, solicitors, Kilwardly-st, Ashby-de-la-Zouche. HOME (Ernest William), formerly of 214 and 216, Gray's-inn-rd, 69 and 71, Cottenhamrd. Holloway, and 569 and 571, Holloway-rd. pawnbroker. March 12; Moon, Gilks, and Moon, solicitors, 15, Lincoln's-inn-flds. HENDEWERK (Robert Bernhard), Newfairwater, Uxbridge-rd. Ealing, and recently of 32, Great St. Helens, commission agent. April 12; Wootton and Son, solicitors, 2, Finsbury-circus. March 1; Sharpe and HUGHES (Joseph), Middle Crane-st, Chester, gentleman. Davison, solicitors, 12, Abbey-sq, Chester. HILL (Frederic), Inverleith House, 27. Thurlow-rd, Hampstead, gentleman. March 3; Bulcraig, and Co., solicitors, Norfolk House, Norfolk-st, Strand. SPICER (Napoleon Alexander Ralph), 26, Crowther-rd, South Norwood, Surrey, retired lieutenant in the Royal Navy. March 13; Mackrell and Ward, solicitors, 1, Walbrook. SAVAGE (George), Hall Farm, Lillingstone, Lovel, Buckinghamshire, gentleman. June 1; Becke and Green, solicitors, 20, Market-sq, Northampton. SAUNDERS (John), 114, Earl-st, Edgware-rd, builder. March 12; W. Scott Fox, solicitor. 13, St. Mary's-sq, Paddington. STRATTON (William), Upavon, Wiltshire, gentleman. March 1; S. B. Dixon, solicitor, Pewsey, Wilts. SPINK (John), formerly of Grove House, Clapham Junction, Surrey, afterwards of 1, the Crescent, and Cromer House, and Osborn House, Putney, Surrey, and of Paradise Cottage, Hunter's Forestall, near Herne Bay, Kent, late of Cedar House, Hampton Wick, and of Ivy Cottage, Great Brickhill, Buckinghamshire, builder and contractor. March 31; F. Taylor, solicitor, 171, High-st, Putney. THOMSON (John), Manor House, Ockbrook, Derbyshire, gentleman. March 12; Fisher, Jesson, and Wilkins, solicitors, Kilwardby-st, Ashby-de-la-Zouch. TROKES (Priscilla) Wellfield Lodge, Pannal Ash, near Harrogate. Yorkshire, spinster, March 12; Cory and White, solictors, Castle-chmbrs, High-st, Cardiff. TANNAR (Edward), High Roothing, Essex, farmer. March 13; Wade, Wix, and Wade, solicitors, Dunmow, Essex. THOMPSON (William), Elloughton, East Riding of Yorkshire, gentleman. April 15; Scott and Cooper, solicitors, 24, Parliament-st, Hull. WESTENDARP (Charles Henry), 39, Princes-sq, Bayswater, gentleman. March 24; WELLS (James), 10, Pope-rd. Bromley, Kent, and 159, Long la, Bermondsey. March 8: LAW SOCIETIES. NEWCASTLE-UPON-TYNE INCORPORATED LAW SOCIETY. AN interesting meeting of this society was held last week in its rooms in the Royal Arcade, Newcastle-upon-Tyne, for the purpose of receiving from the hands of Mr. Philip Edward Mather, the ex-president, a badge which he had announced his intention of presenting to the society to be worn by the president for the time being on all suitable occasions. After a few preliminary remarks, Mr. Mather described the badge as follows: "Its form is taken from an ancient Celtic pattern. Each point of the crescent is completed by the crest of Newcastle-upon-Tyne; on the inner curve of the crescent is inscribed the name of the society, while on the outer curve is a laurel branch; on the medallion in the centre are represented the symbole of the law in gold on enamel; on either side of the medallion are repoussé Arabesques, depicting in gold on a blue ground the seahorses which are the supporters of the Newcastle Arms and the Bird of Wisdom, with books, briefs, and other emblems of the Legal Profession." Mr. Mather then placed the blue ribbon, from which the badge is hung, round the neck of Mr. Joseph M. Moore, of South Shields, the president for the current year, and wished him health and prosperity during his year of office. Mr. Moore having expressed his acceptance of the badge on behalf of the society and his appreciation of the appropriateness of the gift; Mr. Thomas George Gibson moved and Mr. J. G. Youll seconded, a cordial vote of thanks to Mr. Mather, which was carried with acclamation. Several new members having been elected, the proceedings were pleasantly concluded by an invitation from Mr. Mather to the members present to take wine with him. The badge was designed and made by the Goldsmiths and Silversmiths Company, of Regent-street, London. HARDWICKE SOCIETY. THE weekly meeting was held in the Inner Temple Lecture Hall, on Friday, the 12th inst. Mr. F. O. Crump, Q.C. moved: "That the Constitution and Procedure of our Common Law Courts require amendment." The resolution was carried nem. con., which is a most unusual result at the meetings of this society. UNITED LAW SOCIETY. ON Monday, the 15th inst., Mr. C. W. Williams in the chair, Mr. P. H. Edwards opened a debate on the motion, "That Her Majesty's present Government is not deserving of the confidence of the country.' Mr. J. R. Yates opposed; and Dr. C. Herbert Smith and Messrs. C. Kains. Jackson, A. H. Richardson, and S. E. Hubbard also addressed the House on the motion. Mr. Edwards replied, and the motion, on being put to the vote, was carried by one vote. UNION SOCIETY OF LONDON. THE Society met at the Inner Temple Lecture-hall on Wednesday evening, the 17th inst.; Mr. J. Arthur Price, president, in the chair. After the reading of the minutes and the disposal of private business, Mr. R. Pike Glasgow brought forward the motion on the agenda paper, viz., "That in the opinion of this House some restriction should be placed upon the liberty of the Press." Speakers for the motion, Messrs. Glasgow, Copeland, Willson, and Price; against, Messrs. Kinipple, Withers, and Arnold. The motion was lost. SOLICITORS' MANAGING CLERKS' ASSOCIATION. AT the annual general meeting of the association held on the 8th Jan. last, and a subsequent meeting of the council held on the 5th inst., the election of officers for the current year took place with the following result Mr. Frederick Trehawke Davies (president), Mr. Alfred Turner (secretary), Mr. Joseph Wright (treasurer), and Mr. Offer (librarian) were unanimously re-elected. Mr. Tunstall was elected secretary of standing committees and members' meetings; and Messrs. B. Gow and J. Sanderson were respectively elected as members' and council's auditors. Messrs. W. G. Andrews (Hollams, Son, and Coward), J. Sanderson (Clarke, Rawlins, and Co.), G. H. Allen (Talbot and Tasker), and H. S. Danton (Horne and Francis) were elected members of the council; and Mr. Charles Gould, a member of the council, was unanimously elected a vicepresident of the association. LAW STUDENTS' JOURNAL. STUDENTS' SOCIETIES. LAW STUDENTS' DEBATING SOCIETY.-The usual weekly meeting of the above society was held at the Law Institution, Chancery-lane, on Tuesday, the 16th inst.; chairman, Mr. J. S. Wilkinson. The evening was devoted to impromptu speeches, all members present having in turn to address the society for a few minutes on various subjects selected at random by the chairman from a list previously prepared. The speeches attained a high order of merit, and the experiment was an undoubted success. The subject for debate at the next meeting of the society on Tuesday, the 21st inst., is "That the case of Cocks v. Chapman (75 L. T. Rep. 196; (1896) 2 Ch. 763) was wrongly decided." BRADFORD.-A meeting of this society was held on Wednesday, the 10th inst., at the West Riding Court, Bradford. Mr. J. Ellis occupied the chair. The subject for debate was: "That the case of Reg. v. Tolson (58 L.J. 97, M.C.) was wrongly decided." Mr. A. D. Maguinness opened on behalf of the affirmative, and was supported by Mr. F. A. Mossman. He was opposed by Mr. S. Neumann, who was seconded by Mr. F. Suddard. On the debate being thrown open, Messrs. Dawson, Bolton, J. W. Perkins, Turnbull, Healey, Raynor, and Hammond spoke. The Chairman then addressed the meeting, and on a vote being taken the negative were successful by a majority of two. Messrs. Purnell, Dunn, Demaine, Foster, and Waddington were also present, A vote of thanks to the chairman, to which he replied, brought the meeting to a conclusion. CARDIFF.-The Recorder of Cardiff (Mr. B. Francis Williams, Q.C.) presided over the fortnightly debate held under the auspices of the Cardiff and District Law Students' Debating Society, in the Town Hall, on Thursday evening, the 11th inst. There was a large attendance of members, which included Messrs. G. Carslake Thompson, St. John Francis Williams, T. H. Stephens, W. J. Board (deputy town clerk), Councillor Lewis Morgan, J. B. Stephens, F. C. Shackell, A. M. Ingledew, G. Beynon Harris, C. F. Bailey, F. J. Shroeter, E. W. Pocock, G. Robertson, A. E. John, W. P. Harding, C. R. Harrison, Butterworth, J. S. Leaning, J. Morgan, and A. E. S. Thomas (hon. sec.). The debate was opened by Mr. W. J. Board on a moot point in law in the Court for Crown Cases Reserved as to the admission of evidence of a witness dying before he could be cross-examined. An interesting debate followed. At the close of the debate the Recorder expressed pleasure at having listened to an able debate, and that there was such a valuable society in the town, and urged those intending to follow the Legal Profession to practise, not only the study of law, but the art of public speaking. DEWSBURY, WAKEFIELD, AND DISTRICT.-An ordinary meeting was held at the Law Library, Wakefield, on the 10th inst.; Mr. W. Woodhead in the chair. There were also present: Messrs. R. A. Shepherd, M.A., B.C.L., Barrister-at-law, W. Ibberson, A. E. Greaves, C. E. Peace, J. Marshall, N. N. Shaw, W. H. Kingswell, H. J. B. Wadsworth, W. W. Barker, T. Catterall, S. A. R. Preston, T. H. Asquith, and H. Pickles, (hon. sec.). The subject for the evening was a lecture (second of a series of three) by Mr. R. A. Shepherd on "the Law of Landlord and Tenant." Mr. Shepherd gave a most instructive lecture. He confined his remarks chiefly to pointing out the various ways of constructing the covenants of leases, and gave practical illustrations to show how they could easily be misconstrued, and brought his lecture to a close by giving some excellent advice how to avoid these mistakes. J. Marshall proposed,, and W. Kingswell seconded, "That this society heartily congratulate Messrs. A. E. Greaves and W. W. Barker on their success at the final and intermediate examinations respectively," which was carried unanimously. LEEDS. At a meeting held on the 8th inst., after passing a vote of congratulation to the students who were successful in the recent final and intermediate examinations, the following subject was debated: "A., a bachelor, in 1893 promised to marry B., a spinster, A. failed to keep his promise, and in 1896 B. brought an action for breach of promise of marriage against him and obtained £500 damages. The damages were never paid, and in the same year the parties were married. In the beginning of 1897, C., an ante-nuptial creditor of B. for £100, applied to A. for payment of that sum. A.'s solicitor replies that A. received no assets with B., and is therefore not liable. C.'s solicitor answers that A. received assets to the extent of £500. Can C. successfully maintain an action against A. for the £100 ?" Mr. G. E. Foster opened in the affirmative, and Mr. E. N. Whitley replied in the negative. After a brief discussion, the Chairman, Mr. W. H. Clarke, summed up, and there appeared a large majority for the affirmative. This society held a joint debate with the Liverpool Law Students' Association in the Law Institute, Leeds, on Monday, the 15th inst. Mr. C. F. Palmer, Barrister-at-law, took the chair. The subject for debate was, that" It is desirable that prisoners should be allowed in all criminal cases to be examined as witnesses in their own defence." The delegates from Liverpool supported the affirmative, and the official delegates of the Leeds society spoke for the negative. After an interesting debate the Chairman summed up very fully, and on a vote being taken it appeared that the numbers were equal on either side. The Chairman gave his casting vote in favour of the negative. After the debate a dinner was held at the Queen's Hotel with Mr. Palmer in the chair, and a very pleasant evening was spent. MANCHESTER. At the eighth ordinary meeting of the session, held on Tuesday, the 9th inst., the chair was taken by Mr. R. A. Edgar, solicitor. A debate was opened on the following lines: "A., a cyclist, rides 80 RULES, 1897. Feb. 1897. THESE rules have been drafted to regulate the procedure in matters transferred to the County Courts of Cornwall from the Court of the Vice-Warden of the Stannaries under the Stannaries Court (Abolition) Act 1896. They provide :- 1. That in the winding-up of companies, the procedure shall be under the Companies Acts, as in other winding-up cases. 2. That ordinary County Court cases are to be conducted under the County Court Rules. 3. That cases beyond the ordinary jurisdiction shall be conducted, in the main, under the County Court Rules, with some few special rules. down a steep hill with care, at the bottom of which is a confectioner's shop THE COUNTY COURT (STANNARIES JURISDICTION) with a large plate-glass window. Just as he is about to turn the corner of the hill a horse and cart come suddenly into view, and A. being unable to turn, is thrown through the window, which is insured. Can the insurance company successfully bring an action against A. ?" Mr. G. Buckley, for the affirmative, submitted that the defendant A. had set up & dangerous state of affairs, and was therefore liable for all its natural consequences (citing Fletcher v. Rylands); that in riding a bicycle he ought to show reasonable competence and failed to do (citing Jones v. Bird); that the advent of the horse and cart was no ground of excuse for A.'s default (citing Mills v. Armstrong and Clarke v. Chambers); and lastly, that, according to Scott v. The London Dock Company, the burden of proof lay on the defendant to show that he used proper care both coming down the hill and when the accident occurred. Mr. Z. M. Lord, in reply, argued that the words "with care implied with reasonable care under the circumstances, and that, as nothing as to skill was mentioned, the cyclist must be presumed to be reasonably skilful. Under these circumstances he maintained that the breaking of the glass was an inevitable accident, and that, therefore, no action would lie (citing Holmes v. Mather and Stanley v. Powell). An interesting debate ensued, in which Messrs. H. D. Judson, F. Preston, H. Bury, B.A., F. W. Lowndes, L. Wise, and A. Syer spoke for the affirmative; and Messrs. Lynde, F. Hindle, W. Booth, F. S. Oppenheim, B.A., A. Richardson, M.A., B.C.L., C. R. Allen, E. H. Coombs, J. R. Swindells, and F. W. Watson argued in favour of the negative. Mr. Edgar, in summing up, said that the members were there as a jury, and must give their verdict on the facts. The words "with care " did not necessarily mean "with skill," and it seemed to him very difficult to say that "A." rode with sufficient care as he could not get out of the way of the cart. The meeting finally came to a decision in favour of the insurance company by a majority of one. NEWCASTLE-UPON-TYNE.-The annual joint debate between the Newcastle Law Students' Society and the Sunderland Law Students' Society was held in the Law Library at Newcastle on Wednesday, the 17th inst., Mr. S. G. Ward in the chair. The subject of debate was, "That the evacuation of Egypt by England is desirable." The Sunderland Society took the affirmative, and were represented by Messrs. C. Ray, L. Cohn, W. H. Hope, and R. S. Middleton; while the Newcastle Society took the negative, and were represented by Messrs. E. C. Sanders, A. D. M. Senhouse, R. E. B. Lisle, and A. B. Lemon. After the representatives on each side had spoken, Mr. Priestley (Sunderland) and Mr. Cole (Newcastle) also spoke, and the leaders replied, the subject being dealt with in a very comprehensive manner, the historical as well as the political aspects of it were fully discussed. On the question being put to the meeting, it was decided by a majority of two for the negative. After the debate the Sunderland members were entertained at the Savoy Restaurant, when a very enjoyable evening was spent. Rule 27 provides that the fees to advocates and counsel may be increased in cases beyond the ordinary jurisdiction, as such cases are often of an important character. THE COUNTY COURT (STANNARIES JURISDICTION) RULES, 1897. These rules may be cited as the County Court (Stannaries Jurisdiction) Rules, 1897, or each rule may be cited as if it had been one of the County Court Rules, 1889, and had been numbered therein by the number of the Order and rule placed in the margin opposite each of these rules. An Order and rule referred to by number in these rules shall mean the Order and rule so numbered in the County Court Rules, 1889, or in any County Court Rules of subsequent date, as the case may be. These rules shall be read and construed as if they were contained in the County Court Rules, 1889. ORDER LC. The Stannaries Court (Abolition) Act 1896 (59 & 60 Vict. c. 45.). 1. Proceedings commenced in a County Court under the jurisdiction and powers transferred to and vested in such Court under the Stannaries Court (Abolition) Act 1896 shall be regulated by the following rules. Sittings of the Court. 2. The days of the sitting of the court shall be those appointed for the transaction of the ordinary general business of the court held in the city or town mentioned in the name of the court, or such other days as the judge may from time to appoint, either generally as days on which cases commenced under the Stannaries Jurisdiction will be tried, or specially for the trial of any particular action, matter, or other proceeding. 3. The judge may try or partly try any action, matter, or other proceeding at any place within the district of the court as fixed for the purposes of the Stannaries Jurisdiction. 4. Where application is made to the judge for the trial or part trial of an action, matter, or other proceeding at a place in which a court is not holden, the party making the application shall file a præcipe undertaking to provide at his expense a place to the satisfaction of the judge in which the action, matter, or proceeding may be tried, and to pay the necessary expenses of the judge and officers so attending. Pursers' and Creditors' Suits Abolished. 5. Pursers' and creditors' suits shall be abolished. Winding up of Companies. 6. Proceedings for the winding up of companies shall be regulated by, and costs in such proceedings shall be taxed under the statutory provisions, rules, and scales of costs for the time being in force for the winding up of companies in the County Courts. 7.--(1.) Solicitors practising as advocates, according to the usage prevailing in the Stannaries Court before the 1st Jan., 1897, will be recognised as such, and entitled to fees as such, when they appear in the character of advocates in any winding-up proceedings before the judge in person at any sitting of the court; but charges in both characters in respect of the same matter or Act done in court by the same solicitor will not be allowed. (2.) In attendances before the judge out of court, or before the Registrar, solicitors will be considered as attending in that character only, and entitled to fees and necessary expenses, &c. as such. (3.) Upon attending as advocates they will be entitled to fees not exceeding the following: : On the hearing of any original petition, £2 28. to £5 5s. Other motions, £1 1s. (4.) On the hearing or argument of or upon a special motion in any winding-up, the Registrar will be at liberty to treat it as an original petition, and allow fees of advocates accordingly. (5.) On the winding-up of companies the Registrar in taxing the costs of advocates or solicitors' fees is to have regard to the solvency of the estate or fund, the importance of the matters in issue, and the pecuniary value of the interests involved. (6.) When counsel are retained to attend before the court, or before the judge out of court, or upon the examination of witnesses out of court, the usual and reasonable fees of counsel for such attendance may be allowed on taxation, if in the opinion of the court such attendance be desirable. (7.) In the allowance to witnesses the scale of allowances sanctioned by the County Court Rules is to be adopted. Actions or Matters within Limits of County Court Jurisdiction. 8. Proceedings in actions or matters within the limits of the ordinary jurisdiction of the County Courts under the County Courts Act, 1888, shall be regulated by, and costs in such proceedings shall be taxed under, the statutory provisions, rules, and scales of costs for the time being in force in the County Courts. Actions or Matters beyond Limits of County Court Jurisdiction. 9. Proceedings in actions and matters exceeding the limits of the ordinary jurisdiction of the County Courts under the County Courts Act, 1888 (herein-after called proceedings under the Stannaries Jurisdiction), shall be regulated by the following Rules. 10. The records and papers in any proceeding under the Stannaries Jurisdiction shall be intituled with the name of the Court, and marked with the words "Stannaries Jurisdiction." 11. All actions, suits, and proceedings which before the first day of January, 1897, were called actions, and commenced in the Stannaries Court by writ of summons, shall be called actions, and shall be commenced by entering a plaint and issuing a summons. 12. The præcipe for the entry of a plaint, and the particulars, shall state an address for service, which shall be within the district of the Court, and at which it shall be sufficient to leave all instruments and documents in the action required to be served upon the plaintiff. 13. Immediately on the filing of the præcipe the Registrar shall enter a plaint and issue a summons. Such summons shall be an ordinary summons, unless the claim of the plaintiff is for a debt or liquidated money demand, in which case the plaintiff may at his option cause a default summons to be issued in accordance with section 86 of the County Courts Act, 1888. 14. Where an ordinary summons is issued, such summons shall be made returnable on a day not less than 30 clear days from the filing of the præcipe, unless all parties concur in asking for an earlier day to be fixed. If the Judge has already appointed a day or days within two months from the date of the filing of the præcipe for the hearing of cases commenced under the Stannaries Jurisdiction, the summons shall be made returnable on such day or one of such days. If no such days have been appointed, the Registrar shall before issuing the summons apply to the Judge to fix a day on which the action will be heard, and the summons shall be made returnable on the day so fixed. 15. Particulars of demand shall be filed at the time of the entry of the plaint, and a copy thereof shall be forthwith sent to the Judge. 16. The summons, whether an ordinary or a default summons, may be served by any person by whom a default summons may be served. If it is served on any defendant otherwise than by a bailff, and such defendant does not appear or give notice of defence or of admission of the claim, proof of service shall, before judgment is entered against such defendant, be made in the manner required for proof of service of a default summons. 17. An ordinary summons shall be served at least twenty clear days before the return day, unless the defendant consents to accept shorter service. If it is not so served the plaintiff shall apply to have a fresh day fixed for the hearing, so as to admit of service being effected in accordance with this Rule. 18. Where a defendant to a default summons gives notice to defend, a day shall be fixed for trial, and the Registrar shall send by post to both plaintiff and defendant notice of trial at least twenty clear days before the day so fixed. If the Judge has already appointed a day or days within one month of the day on which notice of intention to defend is received by the Registrar, for the hearing of cases commenced under the Stannaries Jurisdiction, the Registrar shall fix such day or one of such days for the trial. If no such days have been appointed, the Registrar shall apply to the Judge to fix a day on which the action will be heard, and shall give notice of trial for the day so fixed. 19. A defendant to an ordinary summons may enter an appearance in such action by filing a præcipe. 20. Where a defendant gives notice to defend a default, summons, or enters an appearance to an ordinary summons, the notice of intention to defend or of appearance shall state his name, address, and description, and if he appears or defends by a solicitor, the name of his solicitor, and shall also state an address for service, which shall be within the district of the court, and at which it shall be sufficient to leave all instruments or documents in the action required to be served on such defendant. 21. (1.) The parties to an action may at any time before the return day agree upon and file a statement of the issues to be tried. (2.) If no such statement is filed, or if it appears to the judge that the issues of fact in dispute are not sufficiently defined by the statement filed, the judge may direct the parties to prepare and file issues and further issues, as the case may be. (3.) If the parties are unable to agree upon a statement of the issues or further issues, any party may, whether the judge has or has not directed issues or further issues to be filed, apply under Order XV. to have the issue or further issues settled by the court; and such issues or further issues shall be settled accordingly by the registrar, or, if the parties so request, by the judge. 22. Where a defendant intends to object to the jurisdiction of the court he shall file a notice of such objection, together with a concise statement of the grounds thereof, at least ten clear days before the return day; and the provisions of Order X., Rule 10, shall apply to any such notice, or any failure to give such notice. (2.) Where such notice is given, any party may apply to the Judge in accordance with Order XV. for an order directing that the question of jurisdiction be decided separately before the action is brought on for trial; and the Judge may make such order accordingly, or may direct that the decision of such question be reserved till the hearing of the action. 23. Notice of a demand for a jury shall be given in writing to the Registrar fifteen clear days at least before the return day, and the summonses to the intended jurors shall be delivered to the bailiff forthwith. 24. Subject to the foregoing Rules, the proceedings in an action com menced under the Stannaries Jurisdiction shall be regulated by the statutory provisions and rules for the time being in force regulating the proceedings in actions in the County Courts. 25. Where no other provision is made by the statutory provisions or rules for the time being in force, the practice and procedure in force in the High Court of Justice shall apply to proceedings commenced in a County Court under the Stannaries Jurisdiction. Provided that the procedure under Order XIV. of the Rules of the Supreme Court shall not be resorted to in the County Court. 26. If in the course of any action or matter which has been commenced as being within the limits of the ordinary jurisdiction of the County Court it appears that the subject-matter of such action is beyond such limits, but within the limits of the Stannaries Jurisdiction, the proceedings shall not be invalidated, but the action shall thenceforth proceed in all respects, as to costs and otherwise, as if it had been commenced under the Stannaries Jurisdiction: And in like manner, if in the course of any action which has been commenced under the Stannaries Jurisdiction it appears that the subject-matter of such action is within the limits of the ordinary jurisdiction of the County Court, the proceedings shall not be invalidated, but such action shall thenceforth proceed in all respects, as to costs and otherwise, as if it had been commenced as being within the limits of the ordinary jurisdiction of the court. 27. The costs of actions commenced under the Stannaries Jurisdiction shall be allowed and taxed according to the rules and scales of costs for the time being in force in the County Court, and applicable to the subjectmatter of such actions. (3.) Where costs are taxed under Column C. reasonable fees may be allowed to counsel in excess of those mentioned in items 85 to 94, in respect of the matters referred to in such items, at the discretion of the Registrar, subject to review by the Judge, or by special order of the Judge, under Order LA., Rule 7. (4.) Where proceedings are taken for which no provision is made by the rules or scales of costs, reasonable costs may be allowed in respect of such proceedings by the Registrar, subject to review by the Judge, or by special order of the Judge, not exceeding those which may under the scales or these Rules beallowed in respect of proceedings of a like nature. We, Alfred Martineau, Henry J. Stonor, Richard Harington, William L. Selfe, and William Cecil Smyly, being Judges of County Courts appointed to frame Rules and Orders for regulating the Practice of the Courts and Forms of Proceedings therein, having, by virtue of the powers vested in us in this behalf, framed the foregoing Rules and Orders, do hereby certify the same under our hands and submit them to the Lord Chancellor accordingly. THE COUNTY COURT RULES (MARCH) 1897. THESE rules may be cited as the County Court Rules (March) 1897, or each rule may be cited as if it had been one of the County Court Rules 1889, and had been numbered therein by the number of the order and rule placed in the margin opposite each of these rules. An order and rule referred to by number in these rules shall mean the order and rule so numbered in the County Court Rules 1889, or in County Court Rules of subsequent date, as the case may be. These rules shall be read and construed as if they were contained in the County Court Rules 1889. The forms in the appendix shall be used as if they were contained in the appendix to the County Court Rules 1889, and when it is so expressed shall be used instead of the corresponding forms contained in such last-mentioned appendix, or in the appendix to any County Court Rules of subsequent date, as the case may be. Where any rule or form hereby annulled is referred to in any of the County Court Rules 1889, or in any County Court Rules of subsequent date, or the appendices thereto, the reference to such rule or form shall be construed as referring to the rule or form hereby prescribed to be used in lieu thereof. ORDER V.-COMMENCEMENT OF ACTION. Order V., rules 9a (Rule 10 of the County Court Rules 1892), 9b (Rule 2 of the County Court Rules 1895), and 9b (1) (Rule 4 of the County Court Rules 1896), and Forms 14AA, 14BB, 14c, and 14F, are hereby annulled, and the following rule 9a (1) shall stand in lieu thereɔf. 1.-(1.) Where leave to enter a plaint is required by sect. 74 of the Act, an application for leave shall be made upon an affidavit of the proposed plaintiff, or of some person on his behalf. (2.) Such affidavit shall set forth (a) the facts on which the proposed plaintiff relies as showing that leave may be legally granted; and (b) the facts on which he relies as showing that the balance of convenience is in favour of such leave being granted. (3.) Where the proposed plaintiff is an assignee of a debt, the affidavit shall state the name, address, and description of the person with whom such debt was originally contracted, and that such debt has been absolutely assigned in writing to the proposed plaintiff, and that express notice in writing of such assignment has been given to the debtor. (4.) The affidavit shall state the deponent's sources of knowledge of the facts or circumstances deposed to, in accordance with Order XIX., r. 2a [Rule 24 of the County Court Rules 1892]. (5.) The affidavit on an application for leave to issue an ordinary summons shall be according to the Form 14A (1) in the appendix; and the affidavit on an application for leave to issue a default summons shall, where the amount claimed exceeds five pounds, be according to the Form 14B (1) in the appendix, and shall, where the amount claimed does not exceed five pounds, be according to the Form 14c (1) in the appendix. (6.) The affidavit shall be lodged with the registrar, together with a copy of the same for each proposed defendant. (7.) The judge or registrar shall duly consider the facts disclosed by the affidavit, and if he considers that the facts relied on as showing that leave may legally be granted are sufficient to legally justify the granting of such leave, he shall further consider the facts relied on as showing that the balance of convenience is in favour of such leave being granted; and he shall exercise his discretion in each case as to grant or refusal of leave, in accordance with the circumstances. (8.) If the judge or registrar is of opinion that leave may legally be granted, and that the balance of convenience is in favour of such leave being granted, he may grant such leave. (9.) If he is not so satisfied, he shall refuse such leave. (10.) Where the proposed plaintiff is an assignee of a debt, the judge or registrar shall, in particular, consider whether the proposed place of trial is less convenient to the proposed defendant than any other place in which such proposed defendant might have been sued (by leave granted or otherwise) if the debt had not been assigned, and if he shall be of opinion that it is less convenient to such defendant, he shall refuse leave. (11.) In any case in which the registrar refuses to grant leave he shall, if so required by the plaintiff, refer the application to the judge. (12.) The judge or registrar, before disposing of any application, may require a further or better affidavit to be filed, or the proposed plaintiff or the deponent to attend to be examined as to the same. (13.) Every order granting or refusing leave under this rule shall be signed by the judge or registrar in his own handwriting ar the foot of the affidavit. (14.) If leave is granted, the proposed plaintiff shall, where the residence or place of business of any proposed defendant is distant more than twenty miles from the court, deposit in court a sum reasonably sufficient to meet any allowance for travelling expenses and attendance at court which may be awarded to such defendant if successful. The amount to be deposited shall be fixed by the judge or registrar, and shall be specified in the order granting leave, and the plaint shall not be entered until the deposit is made. Such deposit shall be without prejudice to the right of the defendant to apply for a further deposit under Order XII., r. 9; and notice of such deposit having been made, according to the Form 14c (2) in the Appendix, shall be annexed to the summons and served therewith, and the indorsement or affidavit of service shall show that such notice was so annexed and served. The sum deposited shall remain in court to abide the order of the judge, or of the registrar, if the action is disposed of without coming before the judge. The judge or registrar may in any case for good cause reduce or dispense with the deposit. (15.) Leave may be granted, and the plaint entered and summons issued, though the proposed plaintiff cannot give the present place of residence or of business of the proposed defendant, and in that case the deposit may be dispensed with; but in any such case the defendant shall be served personally, whether in England or Wales he may be met with. ORDER VIIA.-APPOINTMENT OF GUARDIANS AD LITEM TO DEFENDANTS WHO ARE INFANTS OR PERSONS OF UNSOUND MIND NOT SO FOUND BY INQUISITION. 2. Where it appears on the face of the proceedings that any defendant to an action or matter is an infant or a person of unsound mind not so found by inquisition, the following provisions shall apply : (1.) At any time after the service of the summons, and not less than six clear days before the return day, a guardian ad litem to such infant or person of unsound mind may be appointed by the registrar, on application made to him on behalf of such infant or person of unsound mind, on an affidavit according to the Form 64A in the Appendix, accompanied by a written consent of the proposed guardian to act as such guardian. (2.) Where such appointment is made, the registrar shall forthwith send notice by post of such appointment to the plaintiff or his solicitor, according to the Form 64c in the Appendix. (3.) Where no application for the appointment of a guardian ad litem is made on behalf of the infant or person of unsound mind within the time hereinbefore limited, the registrar shall on the sixth day before the return day, send notice by post to the plaintff or his solicitor that no such application has been made, according to the Form 640 in the Appendix. (4.) The plaintiff shall thereupon, before proceeding further with the action or matter against such infant or person of unsound mind, apply to the judge for an order that some proper person be assigned guardian ad litem of such defendant, by whom he may appear and defend, and, if necessary, for a postponement of the trial. (5.) Such application shall be made on an affidavit according to the Form 64F in the Appendix; and notice of such application, together with a copy of such affidavit, shall three clear days at least before the day on which such notice named for hearing the application be served upon or left at the dwelling-house of the person with whom or under whose care such defendant was at the time of service of the summons, and shall also (in the case of such defendant being an infant not residing with or under the care of his father or guardian) be served upon or left at the dwelling-house of the father or guardian (if any) of such infant: Provided that the registrar may, on the application of the plaintiff, dispense with such last-mentioned service. (6.) On the hearing of the application the judge, if satisfied with the proposed guardian, may appoint him to act as such guardian; but if not so satisfied, the judge may appoint any other person willing to act as guardian; or in default of such person, the judge may appoint the registrar to act as guardian; and the action or matter shall thenceforth proceed as if a guardian had been appointed on behalf of the defendant; but no responsibility shall attach to any person so appointed guardian at the instance of the judge. The judge may, if necessary, on the hearing of such application, postpone the trial. 3. Where it does not appear on the face of the proceedings, but is made to appear in the course of the proceedings, that any defendant to an action or matter is an infant or a person of unsound mind not so found by inquisition, the following provisions shall apply: (1.) If on any defendant appearing at the trial it appears that such defendant is an infant, and such defendant names a person as his guardian who then assents so to act, such person shall be appointed guardian accordingly; but if the defendant does not name a guardian, the judge may appoint as guardian any person in court who is willing to act as such guardian; or in default of any such person the judge may appoint the registrar to act as guardian; and the action or matter shall thenceforth proceed as if the infant had named a guardian, and the name of the guardian appointed shall be entered according to the Forms 65A or 66A in the Appendix; but no responsibility shall attach to any person so appointed guardian at the instance of the judge. (2.) In any other case, on its being made to appear that any defendant is an infant or a person of unsound mind not so found by inquisition, the action or matter shall not proceed against such defendant until a guardian ad litem has been appointed. (3.) Such appointment may be made at any time within six days of its being made to appear that such defendant is an infant or person of unsound mind, on application made on behalf of such defendant in accordance with paragraphs (1) and (2) of the last preceding rule; and if no such application is made within such period of six days, the registrar shall send notice to the plaintiff in accordance with paragraph (3) of the same rule; and thereupon the plaintiff shall, before proceeding further with the action or matter against such defendant, apply for such appointment in accordance with paragraphs (4) to (6) of the same rule. And the trial shall, if necessary, be postponed to allow an application for the appointment of a guardian to be made. 4. Where judgment has been obtained or an order made against a defendant who was at the time an infant or a person of unsound mind not so found by inquisition, without a guardian ad litem having been appointed to such defendant, the judge may set aside such judgment or order and order a new trial, or make such other order as may be just. And it shall be the duty of any high bailiff or other officer charged with the execution of any process against a defendant, who ascertains or has reason to believe that such defendant was an infant or person of unsound mind when the judgment or order was obtained, forthwith to report the matter to the judge, and to stay execution of the process against such defendant until further order of the judge. 5. Order XXII., r. 8, and Forms 56 and 66, are hereby annulled. ORDER IX.-DISCONTINUANCE, CONFESSION, ADMISSION, AND PAYMENT INTO OR OUT OF COURT. 6. The form referred to in Order IX,, r. 12a (rule 7 of the County Court Rules 1896), and the Appendix as Form 104A, shall be referred to and numbered and printed as Form 104 (1). ORDER XII.-INTERLOCUTORY AND INTERIM ORDERS AND 7. No hearing fee shall be paid where the trial of an action or matter is postponed or adjourned before the case is called on for trial, or after it has been called on but before it is opened; but after the case is called on for trial and opened, no second or subsequent postponement or adjournment shall be granted antil the hearing fee be paid. 8. Order XII., r. 12, from the words "no hearing fee" to the end of the rule, is hereby annulled. ORDER XIII. RECEIVER. 9. Every receiver appointed by the judge shall, unless otherwise ordered, be allowed a proper salary or allowance. 10. The registrar shall after each audit of a receiver's accounts make and sign a certificate stating the result of such audit. |
