« EelmineJätka »
ROLLS COURT (IRELAND).
credit for £1 136. 4d. That left a balance of mentioned shall, before he enters upon the office, Wednesday, March 4,
£58 6s. 8d. It was ordered that he should pay or engages in the employment, have applied for (Before SULLIVAN, M.R.)
that sum within one month. It has not been and obtained
paid, and that is a sum in respect of the non- (a) The consent thereto in writing of the Re W., A SOLICITOR. payment of which, if rightly due, Mr. W. is
attorney or solicitor to whom he is Attachment-Debtors' Act (Ireland), 1872, s. 5, answerable for misconduct. By misconduct I
bound : sub-sect. 4Non-payment of money due by a mean holding the money of a client, and not being (6) The sanction thereto of one of the judges solicitor to client. able to pay it. It has been said that there are
of one of the superior courts of law at A solicitor who, acting under a power of attorney, credits, but I cannot see it. The matter has been Westminster, or the Master of the Rolis, receives money for a client, and neglects to pay discussed here twice; he gave a consent once ;
or of the High Court of Justice to be it over, when ordered by the court to pay the every precaution was taken to do him justice.
evidenced by an order of such judge : same in his character of solicitor, is guilty of He never made an affidavit as to the credits, as Provided that not less than fourteen days before misconduct in respect of which an attachment he was required to do by the order. There is no any application is made for such sanction and may be issued against him within the 35 & 36 excuse for a solicitor who applies to another pur- order notice in writing of the application shall be Vict., c. 65, s. 5, sub-sect. 4, although his default pose money which belongs to his client. It given to the registrar, which notice shall state the may be occasioned by inability to pay.
should be a golden rule to all solicitors, that the names and residences of the applicant, and of the APPLICATION for an attachment against W., a money of a client should be regarded as sacred. attorney or solicitor to whom he is bound, and the solicitor, for non-payment of money ordered by I will make an order for the attachment, but I nature of the office or employmeut, and the time the court to be paid. W. was solicitor for Mrs.
will give Mr. W. a fair time. The attachment it is expected to occupy. Bird, and, acting under a power of attorney to shall not issue, if within one month he pays half
6. Where any terms or conditions shall be so to draw an annuity to which she was entitled, he
the money, and if within two months from that imposed, and the person thereby authorised bad received a portion of the annuity, but not
time he pays the rest. The costs of this motion shall accept the office, or engage in the employhaving paid it over to Mrs. Bird, a petition was,
are given, but do not form part of the money for ment, he shall, before being admitted an attorney in consequence, filed by her against him as her which the attachment is crdered.
or solicitor, prove to the satisfaction of a judge solicitor. Upon the hearing of this petition
of one of the superior courts of law at WestJanuary 1873, it was ordered by Sullivan, M.R.,
minster, or the master of the Rolle, or of the with the consent of W., that within ten days the
High Court of Justice, and of the examiners for gale due, amounting to £100, should be paid to Mrs. Bird ; but an affidavit of credits due from
Tuesday, March 17.
the time being appointed under the provisions of
the Act of 1860, or of any Act amending, to Mrs. Bird to W. was to be furnished to her by
(Before FITZGERALD, B.)
examine persons applying to be admitted as W., and she was to pay the amount of the credits
THOMAS AND ANOTHER v. Cox.
attorneys and solicitors, that he has duly ob. found due. On foot of this order W. paid over Practice-Security for costs—Plaintiff resident out served and fulfilled those terms and conditions. £40. In June 1873, a notice was served on him of the jurisdiction- Judgment Extension Act 1868 Where application is intended to be made to to pay the £60 still remaining dne by him, or (31 | 32 Vict. c. 54).
any court for an order or rule to strike the name that an application would be made to the court Motion to compel a plaintiff resident in England of any attorney or solicitor (not being
an attorney for an attachment against him. As he did not to give security for costs, granted, notwithstand.
or solicitor making the application) off the roll of comply with that notice, the application was ing the passing of the Judgment Extension Act attorneys or solicitors of such court, or for an made accordingly; and it then appeared to the 1868.
order or rule to compel him to answer the court that he was entitled to credit for £1 13s. 4d., Raeburn v. Andrew (L. Rep. 9 Q. B. 120), not matters of an affidavit, * notice in writing shall and it was ordered by the court (30th June, 1873), followed.
be given to the registrar of such intended appli. that he shonld pay the balance remaining due, Kenny, on behalf of the defendant, moved that cation fourteen clear days at the least before £58 63. 8d., within one month from the date of the the plaintiffs be restrained from taking any fur; such application shall be made. order. That sum not having been paid,
ther proceedings in the cause until they should Carton, on behalf of Mrs. Bird, now moved for give security for costs, inasmuch as they resided
Copies of all affidavits intended to be used in an attachment, referring to 35 & 36 Vict., c. 57, out of the jurisdiction of the court. The action support of such application shall be delivered to sect. 5, sub-sect. 4.
the registrar with the notice. was for goods sold and delivered. The affidavit
Court not to entertain application, except on Walsh, Q.C., contra.-A sum of £22 10s. 5d. is of the defendants, who were merchants, resident due by Mrs. Bird personally to W. for costs, and
proof of notice. in the city of Waterford, stated that the plaintiffs should be set-off. There is also a sum of £8i due resided at Cardiff, in Glamorganshire, in Wales, hearing of any such application, and upon any
The registrar may appear by counsel upon the for costs incurred by her husband. Mrs. Bird, as out of the jurisdiction of the court. executrix to the will of her husband, received
other proceedings arising out of or in reference
Foley, for plaintiffs, contra.-The right to secu. £500 belonging to him, out of which the debt due rity for costs, in cases where the plaintiff is resi; make absolute any rule nisi which may have
to the application, and may apply to the court to to w. should have been paid. She has not paid dent out of the jurisdiction, is given, provided been granted by the court in the matter of such the amount, and she has now left this country. there be an affidavit of a good defence upon the application, or to make an order that the name Under this state of facts the court should not, merits, by the Common Law Procedure Act 1853, of the attorney or solicitor be struck off the roll in the exercise of its discretion, issue an attach: s. 52. By the passing of the Judgments Exten- of attorneys or solicitors of the said court, or, ment.
sion Act the foundation for this enactment has Carton, in reply.- At the time of making the been removed. “ When we look at the origin of solicitor to answer the matters of the affidavit, or
as the case may be, to order the attorney or former order, credit was given to W. for all sums the practice of calling on a plaintiff resident such other order as to the court may seem fit; that were fairly due. These costs were never pre. abroad to give security for costs, as established and it shall be lawful for the court to order the sented to us till the present moment. Costs due in Pray v. Edie (1 T. R. 237), the point becomes costs, charges, and expenses of the registrar of or in an executory capacity cannot be set-off against quite clear. In that case, the plaintiff being a relating to any of the matters aforesaid, to be a sum due to the executrix in a personal capacity. foreigner residing abroad, the court stayed pro; paid by the attorney or solicitor against whom
SULLIVAN, M.R.-This is a motion of a very ceedings till he gave security for costs, and any such application is made or was intended to serious character. The principles which govern Buller, J., said: 'For this reason, that if á verthe care are laid down by James, L.J.: " The dict be given against the plaintiff, he is not the application is made or was intended to be
be made, or by the person by or on whose behalf meaning of the Act (32 & 33 Vict. c. 62, s. 5, sub- within the reach of our law to have process made, or partly by the one and partly by the other sect. 4) is clear, its object was to relieve from served upon him for costs.' The same point of them. imprisonment any one, whose default in payment was afterwards, for the same reasons, decided in of a sum of money arose from poverty. There- Fitzgerald .. Whitmore (1 T. R. 362),
in the case shall, upon motion, have ordered or directed a
Where any court or any judge of any court fore, certain cases were exempted from the of a plaintiff residing in Ireland, and the rule rule' (whether nisi or absolute) or order to be operation of the Act, in which imprisonment was was afterwards
extended to a plaintiff resident in drawn up for striking the name of any attorney a punishment for misconduct. It is not in every Scotland. But since the passing of the Judg- or solicitor off the roll of attorneys or solicitors case in which a solicitor is ordered to pay a sum ments Extension Act, 1868 (31 & 32 Vict. c. 54), of such court, or for compelling an attorney or of money that he is liable to imprisonment for not that reason has completely ceased. The effect of solicitor to answer the matters of an affidavit, paying it, but if he has received money of his that enactment is that, when a judgment has been and such rule shall not have been drawn up by or client he is gailty of a breach of duty unless
he obtained in England, a certificate of such judg: on behalf of the person applying for the same has it ready when it is called for, and if he makes ment can be registered in the proper office in within one week after the order or direction for default the court always considers him liable to Scotland, and the court in Scotland can issue drawing up the same shall have been made or punishment. That was the case in Re Rush process on such
judgment. It is true that the given, it shall be lawful for the registrar to cause (L. Rep. 9 Eq. 147; Re Hope, 7 Ch. App. 523). process in Scotland, perhaps, may not be like the the rule or order to be drawn up, and all future There is no doubt there cannot be a more serious process of our courts, but we must take it that proceedings thereupon shall be had and taken as breach of duty than for a solicitor to receive it is as effective as our own. In Ireland, if the if the application for the rule or order had in money for a client and not pay it. This lady writ of ca. sa. be not taken away, an execution the first instance been made to the court by the filed a petition, which came before me in Jan. under this Act would be more effective than in
registrar. 1873. It was ordered, with the consent of Mr. England. The reason, therefore, for compelling a W., that within ten days the gale due should be plaintiff resident in Scotland having ceased, this
[The provisions of this Bill, in so far as it pro. paid. On that occasion it was ordered that a list rule must be refused."---Raeburn v. Andrews poses to affect articled clerks, is important beyond of all credits due to Mr. W. should be furnished (L. Rep. 9 Q. B. 120), per Blackburn, J. This the mere object of such provisions, in the sense
that to the petitioner, and that the petitioner should decision was concurred in by the rest of the gentlemen now articled will, immediately on the undertake to pay the amount so found due. That Court of Queen's Bench in England.
measure becoming law, be entitled to make the
applications specified by the Act, and avail themorder having been made on consent, Mr. W. FITZGERALD, B. -- I shall adhere to the practice selves
of the privileges thereby conferred.] cannot get out of it; but if the court sees there that has been establishered here. was some error, it has perfect power to say,
Motion granted. “ take the order, but you shall not have the Attorney for plaintiffs, Davis.
Correspondence. attachment.” £40 was offered to the petitioner Attorneys for defendants, O'Brien f Howard. on foot of that order, and accepted by her. I
ENCROACHMENTS ON THE PROFESSION.—The must say that great forbearance was shown to
following letter has been addressed by a solicitor Mr. W., and there is no reason to think that
ATTORNEYS AND SOLICITORS BILL.
to a member of Parliament, under date 28th March undue pressure was put upon him. No further A BILL intituled an “ Act to amend the Law re- 1874 :-"Sir,-In reading my Law Times, I see payment having been made, a notice, in June, lating to Attorneys and Solicitors:".
you are a supporter of the Legal Practitioners' 1873, was served on Mr. W. by the petitioner, to 1. This Act may be cited as “The Attorneys' Society, and also an M.P. This Society's great pay the £60 remaining due, or that she would and Solicitors' Act 1874.”.
object is to protect the Profession from encroach. apply for an attachment. If there had been any 2. This Act shall extend only to England and ments by invaders. I will tell you how to confer hurry on the former occasion, there was now Wales.
the greatest boon upon our Profession ever conplenty of time. The only substantial matter, 3. Interpretation.
ferred by one man, viz., in the House of Lords the which turned out to be a matter of fair dispute,
4. The recited enactment (section 10) of the Act Solicitors and Attorneys' Bill has now passed the was an item of £10. I came to the conclusio of 1860 shall not henceforth apply to cases in second reading, if you would (when it comes down that I should not allow that, but I gave hin' which any person bound by articles as therei to the Commons) only introduce or have inserted
the following clause in the same bill, viz., 'All Woodrall (Col. Chas.), Glenview, Nellyherries, Madras. HILL (Thos. Wm.) formerly of Stonelrighe House, Clifton deeds or indentures under seal shall be drawn or
and 3, Rocky Hill-terrace, Maidstone, Kent, England. Park, late of 7, Arlington-villas, Clifton, gentleman.
July 17; J. Brennan, solicitor, Maidstone. July 31; M.R., May 1; H. B. Press and Inskip, solicitors, Small-street, prepared by a gerjeant-at-law, barrister, solicitor, at eleven o'clock.
Bristol. attorney, notary, proctor, or conveyancer, and
HOBBON (Esther R.), 8, Onelow-equare, Middlesex.
April 20; E. and H. Tgler, Wickham and Moberly. whose names shall appear in the Law List for the
CREDITORS UNDER 22 & 23 VICT. c. 35. solicitors, 14. Essex-street, Strand, Middlesex, current year in which any such deed or indentare
HUSKISSON (Wm.), 50, Mecklenburgh.square, Middleser,
Last Day of Claim, and to whom Particulars to be sent. under seal shall be drawn or prepared, and all
gentleman. April 30; Parkers, solicitors, 17, BedfordBARING (Thomas), M.P., 8, Bishopsgate-street, Within, row, London, deeds or indentures under seal drawn or prepared
London, of Norman Court, Stokebr.dge, Hants, of the JOHNSON (Wm. H.), formerly of 48, Leaf-street, Holme, by any other person than above named shall be in. Cedars, Roehampton, and of 4, Hamilton-place, siddle- Manchester, engraver to calico printers, late of 28, Holvalid and of no effect whatever.' By the 44 Geo.3, c.
sex. May 80; Markby, Tarry, and Stewart, solicitors, 57, ton-street, Moss Side, Manchester, estate agent. June Coleman-street, London,
44; Rideal and Shaw, solicitors, 26, Brazennose-street, 98, s. 14, a penalty of £50 is imposed on any person BEETLESTONE (Maria, otherwise Maria Banks), Cheltenham, Manchester. who draws a deed forfee or reward; but that clause widow. Marcb 31; W. Price Hughes, solicitor, Worcester Jones (Elizabeth A.), late of 45, Pultney-street, Barnsbury
BEST (Elizabeth G.A., Eastbury Manor House, Compton, is useless to the Profession, because we cannot
road, Middlesex, fornerly of 3, Saville place, Lambeth,
Surrey, widow. May 31; Burne and Parker, solicitors, 1, Surrey. April 20; E. Lister, 23, Earl-street, Cams prove that the invaders recoive any fee or toward. Lincoln's-in.n-fields, London.
bridge. In this town every auctioneer and even their Best (George), Eastbury Manor House, Compton, Surrey, LEYFLER (Frederick), Apothocaries' Hall, and 3, Whitley, clerks prepare hundreds of bills of sale and leases
and the Middle Temple, London, Esq. May 81 , Burne place. Reading, gentleman. May 30; W. F. Blandry.
and Parker, solicitors, 1, Lincoln's-inn-fields, London. solicitor, 1. Friar-street. Reading. of houses, &c., but we cannot sue them for the BRUCK (Rev. J.), Liverpool. May 16; Thomas Houghton, Ley (Chas. Hay), late of 4, Richmond-terrace, Whitehall, £50 penalty, because we cannot prove they have
solicitor, 32, Lord-street, Liverpool.
Middlesex, and occasionally residing at Dawlish, gentle BUTLER (Lieut.-Col. Charles), Lipbook, Southampton. May
May 11; Coulthurst and Van Sommer, solicitors, received any fee or reward, although we know 1; T. Johnson, solicitor, Midhurst, şussex.
13, New Inn, London, they have and do receive it. If you could get the CHARRINGTON (Frederick),
Mile End, Middlesex, and of MILLER (Major Gen. Wm. H.), 0.B., Oriental Club elause I suggest inserted in this new Bill now
Fernside, Wimbledon, Surrey, and Eastern · terrace,
Hanover-square, London, and 17, Kildare-gardens, Bays,
Brighton, brewer. April 80; Loxley and Morley, soliciabout to pass, I would, and every other country
water, Middlesex, May 7; Merriman and Pike, solicitors, tors, 80. Cheapside, London.
25, Austinfriars, London, attorney would, readily pay double annual certi- CHICHESTER (Edmund P.), London, and of Chertsey,
MONNERY (John W., late of Catford-hill, Lewisham, Kent, ficate duty to the government. Why should
Surrey, a captain in Her Majesty's army. April 21;
formerly of 53, High- treet, Southwark, hosier. May 18;
Hawkes and Co., solicitors, 101, Borongh High-street, auctioneers and their clerks and village school. London.
Southwark. mastors draw all the bills of sale and leases, and COMBE (Liept.-Col. Alfred), 11, Lansdowne-road, Notting: MOULTRIE (Peter). 74, Upper Charlton-street, and 32, Clip
hill, Middlesex. May 2!; Bennett and Co., solicitors, 2, mortgage deeds also very frequently, and they pay New-square, Lincoln's-inn, Middlesex,
etone-street, Fitzroy-square, Middlesex, buiider. May no certificate duty ? If you would only have my CORMACK (Wm.), 58, Norfolk-terrace, Westbourne-grove,
25; Cox and Sons, solicitors, 4, Cloak-lane, London. clause inserted, and make all their deeds invalid Bayswater, Middlesex, linendraper.' May 20; J. Mote, NICHOLAS (John), Cuby, Cornwall, farmer. May 20; Thos,
solicitor, 1, Walbrook, London.
Chirgwin, Truro. and of no effect whatever, this would stop their
CORRANCE (Frederick), Parham Hall, Suffolk, Esq. April PAYZE (Chas.), Uplands near Ryde, Isle of W.ght, Esq. little encroachments altogether. I only refer to 20: White Borrett,
and Co., solicitors,
6, Whitehall-place, PAINE (Chas. H.). M.0., formerly of The Hill, Wimbledon, deeds under seal, not simple agreements, but all
COWMBADOW (Jas.). Hereford, gentleman. April 14; Wintle Surrey, late of 2. Shirland-rcad, Maida-vale, Middlesex, deeds under soal whatever. I wish you would in ant Maule, solicitors, Newnham, Gloucestersbire.
May 1; Rhodes and Sons, solicitors, 63, Chancery-lane,
London. your place in the House of Commons take this CUBELLY (Chas.), Matlock Bridge, Matlock, draper. May 1; matter up on the part of our Profession. R. B."
Jas. Potter, solicitor, All Saint's-chambers, Derby.
PAYNE (Matilda), 251, Cambridge-heath-road, Middlesex,
widow. April 19; Thos. Whitwell, solici:or, 17, King
late of Freshford, Somerset, widow. Andrew and Atkin, The following appeared in a London morning Elliott, 155, Belgrave-street, Balsall Heath, near Birming
son, solicitors, 8, George-yard, Lombard.street, London, paper of Tuesday last:
ham, gentleman. May 1; D. Dimbleby, solicitor, 15, PRIOR, (Mary), 6, Blandford-square, Middlesex, widow Bennett's-hill, Birmingham.
April 20; Ware and Hawer, Bolicitors, 7, Great Win. FINCH (Jane), 29, St. James's-square. Bath, widow. May 8;
chester-street-buildings, London, Creditors can do so by applying to a solicitor of Berkeley and Calcott, solicitors, 52, Lincoln's Inn-ields,
Rook (Edwd.), Commerce-ruad, Wood-green, Middlesex long standing, at about half the usual charges. Con. London.
Cowkeeper. April 14; Martineau and Reid, solicitors, sultation 38.-Mr. Padmore, Old Kent-road. GARSTIN (Lieut.-Gen. Robert L.), 27, Panton-street, Hay.
Raymond-buildings, Gray's Inn, Middlesex.
market, Middlesex. May 1; Eardley, Holt, and Parr, SMITH (Dr. Alexander), M.D., Gothic House, Herne Bay, Α' LL in Debt or requiring Legal Assistance. -Persons solicitors, 28. Charles-street, St. James's. London,
Kent. May 1; Barnard and Co., solicitors,'s, Lancaster in town or conntry released from debt without GRUNDON (Wm.), Leicester, tanner. June 24; Dalton and place, Strand, London, bankruptcy, publicity, or suspension of business. Salisbury, folicitors, Leicester.
SMITH (Francis L.), Gothic House, Herne Bay, widow, Private arrangements effected with creditors. Charges HARBIN (Margaret), late of Farlam, Cumberland, formerly May 1; Barnard and Co., solicitors, 8, Lancaster-placo,
Strand. by instalments. Those served with writs or summonses
of Castlecarrock, widow. May 2; J. R. Donald, solicitor,
TODD (John), late of Howard-roal, South Hornsey, should call immediately, Consultation free. - Mr.
HASTIE (Robert), 4, Oliver's-terrace East, Bow-road, Mid- Middlesex, and since of Welton, Sebergham, Camber. Hunter, London-wall, E.C.
dlesex, Esq. April 80: G. Robins, solicitor, s, Guildhall- land, stonemason. April 22; Boulton and Sons, solicitors, all in Debt.-Messrs. Marshall, of 9, Lincoln's chambers, 32, Basinghall-street, London.
21A, Northampton-square, Clerkenwell, London, from all debts under the new Act, and effect private arrangements with creditors without publicity. Charges
BOROUGH QUARTER SESSIONS.
What notice of
Clerk of the Peace.
Bolton Apply to Miss Terry's, 28, Nowport-street, Guisbrough.
Thursday, April 9. Samuel Pope. Esq., Q.C. 10 days
Herbert T. Sankey,
John H. Barker. UNCLAIMED STOCK AND DIVIDENDS IN THE Chester
Thursday, April 9.. Horatio Lloyd, Esq.
Jobn S. Barnes. [Transferred to the Commissioners for the Reduction of the Devonport. Friday, July 10
H. T. Cole, Esq., Q.C....... | 10 days
G. H. E. Rundle. National Deot, and which will be paid to the persons
F. F. Giraud. respectively whose names are prefixed to each in three Hythe.
Monday, April 13
W. S. Smith. months, unless other claimants sooner appear.] King's Lynn Thursday, April 16 D. Brown, Esq., Q.C.
F. G. Archer. LEWIS (Richard). Wallingford, Berks, carrier. 103 103. 8d.
Kingston-on-Hull Thursday, April 9. S. Warren, Esq., Q.C.... Statutory. R. Champney. Three Per Cent. Annuities. Claimant, said Richard
Charles Bulmer. Lewis,
Thomas Harding. CREDITORS UNDER ESTATES IN CHANCERY. New Windsor Monday, April 13
A. M. Skinner, Esq., Q.C. 10 days
Jno. Howard. BRACE (Edward), Heron-villa, St. Martin, Worcester.
Richmond (Yorks) Friday, April 10.
Wm. N. Lawson, Esq. April 22; Wm. W. Gabriel, solicitor, 43, Lincoln's-iun
C. George Croft. Rochester fields, London, April 30; V.C. M., at twelve o'clock.
Friday, April 10.
Wm. W. Hayward,
J. D. Chambers, Esq.
Francis Hodding. and farmer. April 80; Wm. A. Arthy, solicitor, Roch. Southampton Monday, April 13 Tbomas Gunner, Esq...
Ed. Coxwell. ford, Essex. May 8; V.C.M., at twelve o'clock.
Thomas Heald. GRAY (Alured Wm.), Stoke by Nayland, Suffolk, a retired
Walter Bailey, major in the army. May 5; J. Scaife, solicitor, 157, Edgware-road, Middlesex. May 22; V.O. H., at twelve o'clock. HOUL GRAVE (Peter), Toxteth-park, Lancaster, gentleman.
this court, I found him always ready and pleased April 30 ; Walter Weld, solicitor, Liverpool. May 8.
Friday, March 27.
to give me the help of his long experience, and I V.0.H., at lwelve o'clock.
am indebted to him for whatever knowledge I JACKSON (Jas.), 31, London-road, Brighton, engineer,
DEATH OF SIR WILLIAM BODKIN. April 30; W. H. "Cockburn, solicitor, 39, Duke-street, On taking his seat at ten o'clock, the Assistant- witnessed the first approach of his terrible
may have acquired of the duties of a judge. I MCLACHLAN Colin B., Chelmsford, Esq. April 30; T. J. Judge, Mr. Edlin, said the members of the Bar malady; he knew from the beginning the fatal
Holmes, solicitor, 4. Eastcheap, London. May 8 : V.0.4., and every one present in the court who were end, but he spoke of it with resignation, and it MORANT (Robert), 91, New Bond-street, and Well Walk,
acquainted with the learned and estimable Şir scarcely seemed to affect his usual cheerfulness. Hampstead, Middlesex, upholsterer. April 30; Walter H. William Bodkin, would be sorry to hear that he I am informed that to the last he endured his Bosanguet, solicitor, 22, Austinfriars, London. May 11; died last evening, at half.past six o'clock. fearful sufferings with the patience and resig, V.O. M., at twelve o'clock, MORGAN (Thos.), Buckwalltycoed, Carmarthen farmer.
nation of a Christian as the will of God, and that May 4; John H. Barker, solicitor, Carmarthen. May 27; V.C.H., at twelve o'clock,
Mr. Serjt. Cox, on taking his seat in the Second he died, as he had lived, without an enemy and RAWLINS (Elizabeth). 13, Somer's-place, Hyde-park, Mid. Court, said, in reference to the death of Sir Wm. I at peace with all the world. He was over to me dlesex, spinster. April 23; E, A, Paterson, solicitor, 22, Great Winchester-street, London. May 1; V.C. B., at Bodkin :- It is my painful duty to announce to kind and faithful friend, and
I could not make twelve o'clock.
you the death of Sir William Bodkin. I cannot the sad announcement of his death without ROBERTSON (Wm. Haylehill, Pembroke, Esq. April 25 ; 8. A. Ram, solicitor, 23. Red Lion-square, London. May the feeling of all who are connected with this do so without expressing what, I am sure, will be giving this expression to the
emotions that fill
my mind. 4 ; V.C. M., at twelve o'clock. SHARMAN (Edward A.), 7, Staining lane, London, glove
Mr. Montague Williams, the senior member of court, that an admirable judge and a most excel. April is; E. Sidgwick, solicitor, 3, Gresham-street, London.' April 20; V.C. B., at twelve Bodkin was unrivalled in all that is required by a admiration which the deceased
assistant-judge lent man has departed from among us. Sir Wm. the Bar who was present in this court, in a few
well-chosen phrases, expressed the respect and o'clock. (.), criminal judge. He had almost by intuition the had inspired in the minds those who, like
himself, April 80 ; Sohn Sharp. solicitor, Lancaster.' May 21; faculty of seeing at a glance into the heart of a had known him long both as a judge and as a M. R., at eleven o'clock. Aaddlers and harness makersand Thorn, solicitors, 31, Bedford-row, London. April 27: apportioning punishment to crime. He tempered
justice with mercy and combined kindness with THE death is announced of Mr. D. Maude, who Woonrall (Ann; 13, Camden-avenne, Peckham, Surrey: frmness. During the five years that I was so recently retired from the office of chiof magistrato
widow, April 20; 2. Brennan, Solicitor, Maidstone. Maj 1 intimately associated with him in the duties of l of Greenwich Police-court. 4R.,
WILKINSON, andhKidd, Hanover square, Middlesex, mating the various
degrees of guilt, and properly private friend.
BANKRUPTCY LAW. LAW STUDENTS' JOURNAL.
Mr. May will discuss with his elementary WANDSWORTH COUNTY COURT.
COUNCIL OF LEGAL EDUCATION. class-
1. The origin and history of equity jurisTuesday, March 31.
PROSPECTUS of the LECTURES of the Profossors prudence. (Before H. J. STONOR, Esq., Judge.) and of the Classes of the Tutors.
2. Equity jurisdiction as at present existing..
And with his advanced class, the statutes of
Elizabeth against frandulent conveyances (13 his entire debt, permitted to reduce his proof and INTERNATIONAL LAW, PUBLIC AND PRIVATE.
Elizabeth, c. 5, and 27 Elizabeth c. 4), and the law entitle himself to dissolution of injunction on 1. Origin and Nature of International Law of voluntary dispositions of property. receipt of proceeds of levy. Injunctions ought not (Public and Private).
LAW OF REAL AND PERSONAL PROPERTY. to be granted as to execution debts under £50 2. The Independence of States. after levy, except in special cases.
3. The Diplomatic Intercourse of States.
The Professor of the Law of Real and Personal Jones for execution creditor.
Property proposes to deliver, during the ensuing 5. Treaties (continued).
educational term, twelve public lectures (there Messrs. Lawrence, Plews, and Co. for the debtor.
6. Modes of Enforcing Rights short of War.
being six lectures in each course) on the follow.
ing subjects : On the 1st Jan. last an execution was levied on
ROMAN CIVIL LAW. the debtor's goods by Frederick Gosnold, & 1. Division of things as Subjects of Ownership
On the Law as Affected by the Statutes for the creditor, upon a judgment for £36 88. debt and in Roman and French Law. costs recovered by him against the debtor. On 2. Classification of Rights of Ownership in Amendment of tho Lew of Property and Relief the next day the debtor filed his petition for Roman and French Law.
of Trustees (22 & 23 Vict. c. 35, and 23 & 24 liquidation, and on the following day Gosnold
3. The Roman and French Law of Intestacy.
Vict. c. 38). was restrained from further proceeding on his 4. The Roman and French Will.
Advanced Course. execution. The debt and costs (£36 8s.) and
5. Obligations arising out of Contract.
1. On the Right to Fixtures as Between Donor costs of levy have been paid into the hands of the 6. Obligations arising out of Delict.
and Donee, Mortgagor and Mortgageo, Landlord High Bailiff. Resolutions accepting a composi.
and Tenant, Tenant for Life and Remainder-man JURISPRUDENCE AND INTERNATIONAL LAW.
and Heir and Executor. tion of 2s. in the pound were passed at the first The Tutor in Jurisprudence and International meeting, and confirmed at the second meeting. Law, public and private, proposes to take the the above Subject.
2. On the Bills of Sale Act, so far as it bears on Gosnold proved at the first meeting for £106 88., following subjects : and was a non-assenting creditor at that meeting,
3. On Legal and Equitable Waste. Jurisprudence.
The tutor on the Law of Real and Personal and also at the second meeting. In his proof for 1. Codification. £106 8s. (which it is admitted includes the above
Property will take the following subjects :
2. Interpretation, and the Principles of Prece. debt and costs, £36 8s.) he made no mention of dent.
In the Elementary Class : Estates in Land
Uses and Trusts—The different modes of Assn. his judgment, but omitted to strike out the words 3. The Law of things ; Primary Rights in rem at the end of the proof
rance of Estates and Interests in Land in ase save and except the (Ownership). following," which refer to any security the
from the early feudal times to the present day.
4. The History of Testamentary and Intestate creditor might have. The proof is altogether Concession.
Books recommended :-Joshua Williamson
“ Real Property;" Part I., Chapters 1-9 inclo. filled up in a very hasty and illiterate manner.
Public International Law. In the list of creditors the debtor returned him as
sive, and the chapters on “ Alienation of Copy
1. Commencement of War and its Immediate holds, and on Terms of Years;" Smith's “Coma creditor for £115 “holding an agreement for Effects. £100 and a judgment for £30.”
pendium of the Law of Real and Personal Pro. 2. Rights of War as between Enemies.
perty," Part II., Tits, iv.-viii. inclusive; Part His Honour this day delivered judgment as
Private International Law,
III., Tit. xii. ; Tudor's " Leading Cases in Con. follows : The debtor now applies under the com. 1. Domicil (continued).
veyancing;" Lewis Bowles's Case; Taltarum's position to have the proceeds of the execution
2. Foreign Contracts.
Case; Tyrrell's Case. paid to him upon his paying the execution creditor
In the Advanced Class :-The Law of Vendors the dividend of 29. in the pound on his whole claim of £106 88. The execution creditor opposes The Tutor in Roman Law proposes to take the and Purchasers considered with reference to the
following points :this application, and applies for the payment of following subjects :
THE GENERAL DOCTRINE OF THE ROMAN bilities of vendors and purchasers before sale.
1. The capacities, rights, duties, and responsi. the proceeds of the execution to himself offering to reduce his claim accordingly. It has always CONTRACTS.-Consent and Error. Conditional
2. The general nature and requisites of a con. been held that a creditor may realise his security Promises. Daress. Fraud. Consideration. Illegal tract for sale of land.
. Agency. Novation. Transfer of
3. Matters arising between vendor and pur. lected to do this, and prove for his whole debt, Actions. The various Modes of Dissolving Conchaser after the contract and up to the time of he is bound to give up his security, and permis: tracts. Remedies for Breach of Contract. Con.
completion. sion will not be given to a creditor who has dictio, actio bonæ fidei, &c.
Books recommended :-Sagden on “Vendors proved his whole debt to withdraw his proof and
and Purchasers ;" Dart's “Vendors and Pur. set up his security, except under special circum. 1. Institutes of Gaius.
chasers " (4th edit., by Dart and Barber); Pri. stances. (See Robson's Bankruptcy, 2nd edition, 2. Institutes of Justinian.
deaux's “ Precedents in Conveyancing," vol. I. ; 292, 5, and the cases there cited.) Now in the
CONSTITUTIONAL LAW AND LEGAL HISTORY.
Dissertions 1, 2, and 3, on conditions of sale, present case there can be no doubt that the exeention levied by the creditor was practically, a class in Constitutional Law and Legal History: The Professor on the Common Law proposes to The Professor of Jurisprudence, in his private agreements, abstraots, and their verification.
COMXON LAW. security, and ought to have been mentioned in the will conclude the subject of the “Prerogatives proof; but it is equally clear that being under of the Crown. He will then proceed to treat of £50 the creditor was "absolutely entitled to it. the composition, practice, and privileges of the
deliver, during the ensuing educational term,
two courses of lectures (there being six lectures (See the cases of Slater v. Pinder, 24 L. T. Rep: Houses of Parliament, and of the securities for
in each course), as under :N.S. 475; Ex parte Lovering, re Peacock, 29 the "Liberty of the Subject.” The books referred L. T. Rep. N.S. 897); that the injunction ought to (among others) will be Hallam's Works ; May's
Elementary course. not to have been granted; and that the granting
1. The procedure in an action, which will be or not granting of an injunction cannot affect
“Constitutional History, and Parliamentary Prao stated and explained quite generally, in view of the rights of creditors inter se (Ex parte Rocke, tice;". Broom's “ Constitutional Law;" and For: projected changes.
2. Contracts required to be in writing, but not Te Hall, 25 L. T. Rep. N.S. 287, and Ex parte syth's “ Cases and Opinions in Constitutional
ander seal. Tate and Co., re Keyworth, 29 L. T. Rep. N.S. 849.) The question which remains for my decision is,
3. Torts to chattel property. whether under all the circumstancos of this case,
The Professor of Equity proposes to deliver,
4. The rudiments of the law of evidence. the proof of the whole debt by the execution during the ensuing educational term, two courses In treating the above subjects attention will creditor, ought to be held absolutely to deprive (elementary and advanced respectively) of public mainly be directed to general and elementary him of the benefit of his judgment, and conse lectures (there being six lectures in each course) principles of law, a knowledge of which is needful quently of the proceeds of the execution there on the following subjects, including the most im. for obtaining a pass certificate. under, or whether he ought to be permitted to portant statutory provisions and the principles of
Advanced course. reduce his claim, and so entitle himself to the pleading and the practice of the Court of Chancery 1. Simple contracts-non-mercantile. latter. Upon the whole, considering that there applicable thereto respectively :
2. Deeds operative at common law, except such is no evidence of any real intention on the part
1. Conversion, Election, and Reconversion (80 as concern landlord and tenant. of the execution creditor to waive his rights, that far as those subjects were not fully treated of 3. The mode of proving documents and facts at the proof is filled up very ignorantly and inaccu. during last Term).
Nisi Prius, and the weight due to oral ovidence. rately, and ought to have been rejected by the
2. The Administration of the Estates of Do. In treating the first and second of the above chairman, that the vote of the execution creditor ceased Persons.
subjects the professor will show how general had no effect on the resolutions, and that the
The Professor hopes that gentlemen attending principles may be applied for the solution of execution was known to the debtor and also to the public lectures on equity will, in addition to difficult questions of law. He will throughout the receiver, who was afterwards appointed their ordinary reading, pay special attention to the course direct attention to recent leading trustee. I think that the execution creditor ought the above-mentioned subjects, and that for such decisions of the courts. to have an opportunity offered him of amending purpose they will read the following cases with Mr. Houston will consider the following suband reducing his proof by deducting the proceeds the notes thereto, respectively, in white and jocts : of the execution, and that upon his so amending Tudor's Leading Cases in Equity, and the follow
Elementary Class. and reducing his proof he will be entitled to ing order, namely, on conversion, election, and 1. Torts to Real and Personal Property. receive the latter. The present application must, reconversion, Fletcher v. Ashburner, vol. 1, p. 2. The Law of Bailments Generally, therefore, stand over until next court, when the 826 ; on administration, Silk v. Prime, vol. 2, p. 3. The Liability of Land Carriers (1) of Goods ; creditor can apply in the usual manner to have 111; Ashburner v. Macguire, vol. 2, p. 267; The (2) of Passengers, the injunction dissolved, and for liberty to amend Duke of Ancaster v. Mayer, vol. 1, p. 630; and
Advanced Class. and reduce bis proof, and for payment of the Aldrich v. Cooper, vol. 2, p. 78.
1. Negotiable Instruments Generally. proceeds of the execution. I may add that as a
Mr. Harvey will discuss the following subjects 2. Bills of Exchange and Promissory Notes. rule, with few and special exceptions, no injunc with his classes :
3. Bills of Lading and Charter Parties. tions ought to be granted to restrain proceedings
Dr. Lyell will discuss the following subjects on executions levied for sums not exceeding £50. 1. Express private trusts.
with his classes : Application adjourned to next court, the exe- 2. Implied and constructive truste.
Elementary Class. cution creditor to pay the debtor his costs 3. The rights of the cestui que trust, and the 1. The Leading Distinctions between Civil and thereof to the present tine, duties of the trustoe.
2. The Courts of Criminal Jurisdiction.
and to discourage all attempts to provide which is possessed of considerable influence, and 3. Criminal Pleading and Procedure.
water for the inhabitants, or to effect sanitary and which in fact is the body representing the Pro4. The Leading Offences Affecting Person and other improvements which were at this time fession. The Metropolitan and Provincial Law Property.
imperatively required. Among those present were Association, like country law societies, came into Advanced Class.
the following members of Parliament :- Sir existence to supply some want. The first-named 1. Principel and Agent (including the Law as to Thomas Bazley, Sir Charles Legard, Messrs. society is already amalgamated, and we all hope Factors and Brokers).
Ashbury, Turner, Torr, Rathbone, Monk, A. that a similar end awaits the country law societies, 2. Partnership.
Grant, Jackson, Hick, J. K. Cross, Julian Gold. and no doubt in due course of time the Legal 3. Bailments (including the Law of Carriers of smid, Fielden, Dodson, Simon, and Callender ; Practitioners' Society will disappear under similar Goods and Passengers).
and the Mayors of Birmingham, Liverpool, York, circumstances. In the meantime let the ProfesMr. M. Powell proposes to consider the following Manchester, Bolton, &c.; and Mr. Bains, secre- sion continue to support.
X. Y. Z. subjects with his classes :
tary. The Home Secretary said the deputation Elementary Class. The Law of Contracts ; had placed their case very clearly before him, and I am very pleased to see that the Legal Parties, Disabilities, Measure of Damages ; Elo- in a very proper and straightforward way. No Practitioners' Society has already prepared the ments of Criminal Law.
doubt there had been a great deal said about the draft of a Bill which is calculated to afford some Advanced Class.-Mercantile Law.
increase of rates of late, and this, no doubt would protection to the Profession. The house and land The Professor of Hindu and Mahommedan Law, frighten many of the ratepayers. He had to con- agents in my town prepare, as I am informed, and the Laws in force in British India, proposes sider a great many other matters, but the whole and have every reason to believe, the large mato deliver, in the ensuing Educational Term, a of the subject should have his serious attention. jority of leases of houses, &c. The practice course of Six Public Lectures on the following He should see if anything could be done.
is to charge 5 per cent. upon the rental for the subjects, viz. :
entire business, including, of course, the prepara1. Indian Penal Code.
tion of the lease. The rent, as a rule, is paid 2. Indian Criminal Code. CORRESPONDENCE OF THE
annually to the agent, and he continues to get his 3. Indian Procedure Code.
commission of 5 per cent. on each year's rent. As In the Private Class the Tutor will continue to
these pseudo lawyers make no specific charge for discuss the Indian Contract Act, and then take up
preparing the lesse, it has hitherto been impossible the Indian Succession Act, and Hindu Wills Act. NOTE.-This Department of the Law Times being open to
to do anything effectual towards stopping this By Order of the Council,
free discussion on all professional topics, the Editor is not encroachment upon the ordinary business of a soli. S. H. WALPOLE, Chairman. responsible for any opinions or statements contained in it citor. I trust that sect. 3 will meet this difficulty. Council Chamber, Lincoln's-inn,
Would it not be well to give the County Court of 17th March, 1874.
LEGAL PRACTITIONERS' SOCIETY.-Referring the district in which the person preparing the to the correspondence which appeared in your Conrts ? I fear that the expense of proceedings
lease resides, jurisdiction as well as the Superior last issue under this heading, will you allow me LEGAL NEWS,
shortly to deal with it. The letter from a law in the Superior Courts will act as a deterrent and stationer, who signs himself, “A Subscriber to so frustrate the object intended. Another class
the Law TIMES,” is substantially a complaint of a solicitor's practice which gets into the hands In the House of Commons on Tuesday, a peti- that the Bill of the society (the chief provisions of of many of these agents is the proving of wills, tion was presented by Mr. Cavendish Bentinck which, so far as they are at present determined or, to speak more correctly, the preparation of the from Mr. Serjeant Cox, praying for inquiry into apon, have been twice published in your columns) affidavits required for proving. I have repeatedly the duties and emoluments of the Judges of the will render law stationers liable to be proceeded seen forms of affidavits for executors and Inland Middlesex Sessions, and for the amendment of the against under it, in case they write or engross, Revenue hanging in a conspicuous part of an Bill for regulation of the same now before the &c., any instrument, &c. Had you or your sub agent's office in this town. I believe the modus House.
scriber looked a little more carefully into the pro-operandi is to fill in these printed forms, get the The actual business of the Labour Commission visions of the Bill your columns would not have executors sworn to the affidavits before a sur, will not commence until after Easter. Lord Chiefbeen burdened with his communication. Proviso rogate, accompany them to the registry, and Justice Cockbnrn is president. The sittings will 2 of sect. 3 excepts from the operation of the instruct the executors how to apply in person not be public.
section in question any person employed merely for the probate. I know that this is a very A NUMBER Of new Bills which have been printed to engross any instrument or proceeding. Then asked and declined" to swear executors to affi. have been issued, and among them a Bill bearing as to the letter of A Disappointed Member," the names of Mr. Lopes, Mr. Watkin Williams, I am sorry he is so dissatisfied, and hope that he davits when accompanied by an agent." I have and Mr. C. Lewis, proposes to amend the Bills of will communicate with me, and, above all, give taken the trouble to ascertain that the charge of
the "agent Sale Act, 1854, by providing that a second bill of the promoters of this society and of the measure
was by no means small, even includsale as security for the same debt shall be null; now before Parliament, the benefit of his active ing his fee for valuing for probate. I have heard and that under certain circumstances mortgages assistance. It is to be hoped that action under of a registrar's clerk correcting defects in these effected instead of bills of sale shall be null. sect. 3 of the Bill, if it becomes law, will usually affidavits, and so helping these agents in their THE Education Codes for 1874 for England and be taken against unqualified persons by the practices. A clause to meet such cases would
be Scotland; Return of the number of convictions various law societies throughout the kingdom. I a decided valuable addition to the Society's Bill. under the Master and Servants? Act in each year the Act ought to be issuable in County Courts also, a comparatively novel encroachment, viz , that of
myself incline to the opinion that process under Another important grievance to grapple with is Criminal Law Amendment Act, were printed and reduce the penalty and order payments by instal- quainted with clients), starting an office under issued on Wednesday, THE judge of the Bath County Court on
ments or otherwise. I hope your correspondent the protection of an unscrupulous member of our
will frame and forward to me a letter to a member Profession, who lends his name in consideration Tuesday nonsuited Mr. W. L. Russell, a commer
of the House of Commons for introduction into of participating in the profits. A clerk, who was cial traveller, who was the plaintiff in a suit to
our measure clauses dealing with the action of at one time in my employment, is doing this at recover from the Great Western Railway Com. unqualified persons in connection with magis- the present time. So long as the London solici
As tor and the clerk in question keep their own from Didcot to Abingdon, in consequence of the regards the letter of your correspondent “A Lan counsel, I do not see any remedy. The solicitors unpunctuality of one of the defendants' trains. cashire Solicitor," which is more moderate and name is inscribed on one plate and underneath it His Honour held that the plaintiff must prove encouraging than our unfortunate friend " A Dis- that of the clerk in question. Smaller charges wilful misconduct on the part of the defendants' appointed Member,” the case referred to, of than that of Professional gentlemen in the town is servants. APPOINTMENTS.— The Queen has been gra- persons upon the terms of receiving a share of the solicitors lending their names to unprofessional the attraction.
A SOLICITOR OF TEN YEARS' STANDING. ciously pleased to make the following appoint-profits is probably the most discreditable thing ments : - Charles Rodgers Nesbitt, Frederick that happens in relation to the Profession. Much word " writes” should be erased from the Bill, I
In writing last week suggesting that the Dancombe, James Nibbs Brown, and William astonishing information upon this subject was Gray Rattray, Esqrs., to be members of the Legis. furnished at a recent meeting of the society, but I bearing
in mind the saving words of the proviso
must confess to the oversight at the time of not lative Council of the Bahama Islands ; Thomas must remind your correspondents that this matter of sect. 3 in favour of any person employed Scott , Robert Little , M.D., and William Ramsay is already specially dealt with in sect. 32 of the merely
to engross any instrument
or procede Scott, Esqrs., to be members of the Legislativo Attorneys Act of 1843, and I cannot but think ings," and this oversight was the
more strange Council of the Straits Settlements; John Cyprian that if the names of solicitors indulging in this Thompson, Esq., to be Attorney-General. nefarious practice, together with the necessary the Bill looking for and finding the above quoted
as I now remember on my first glance through THE ANTIQUITY OF CLIFFORD'S INN.-The additional information, were forwarded to the words.
A SUBSCRIBER. case of the King v. Allen, Igent., which was a council of the Incorporated Law. Society, they contest in the shape of a suit in the King's Bench would be found ready to move in the matter. in 1834, between a barrister and an attorney-at- Many of the other suggestions of your cor. THE TAX On SOLICITORS. With an abundant law, as to who should be principal of Clifford's respondent are valuable, but if the present surplns, and an exceedingly patient and courteous Inn, throws little or no light upon the antiquity of measure is to deal with every grievance of Chancellor of the Exchequer, an opportunity the Society, as Mr. Allen who succeeded in retain. which solicitors very properly complain, our arises which I think should not be lost by soliing the office of principal, in his affidavit, merely Bill, instead of being a short one, dealing with a citors, to endeavour to obtain a repeal or mitigastated that he understood and believed the prominent evil, and which Bill I hope is destined tion of the odious and unjust tax on their body. Society to be of earlier origin than the Society of without creating any sensation in the public mind, Without further delay should we not have our the Inner Temple, and never to have been in any | and subject perhaps to modification, shortly to “ deputation” to Sir Stafford Northcote on the way subservient thereto."-St. Clement Danės become law, would be found to be a voluminous subject? This might well be organised by the Magazine. MUNICIPAL CORPORATIONS AND THE BOROUGH and probably delayed ad infinitum in its passage to be looked upon as the panacea of all our ills.
measure, creating a large amount of opposition, Legal Practitioners' Society, which indeed begins FUNDS Act 1872.-On Friday a deputation of through Parliament. Finally, neither this or any
CERTIFICATE. representatives of the principal corporations in other society, can accomplish work, in a day or a the kingdom and members of Parliament had an year, which has been rendered necessary by the OUR INVADERS.-A client of mine has handed interview with the Home Secretary in regard to serious neglect which the great body of the Pro. me this circular. operation of the Borough Funds Act, 1872, their fession for years have shown of their own object being to redress certain grievances, which interests. We must proceed by degrees, and as
Private and Confidential. were embodied in a memorial. The memorialists quietly as possible, remembering that there is a
London, N., 9th March, 1874. complained that the provisions of the Borough certain class of the outside public, not altogetter addressing 'you, but having seen a bill of sale registered
Dear Sir,-Excuse the liberty taken by me in thas. Funds Act were unreasonable and unjust in without influence, who regard with distaste a against you, and as it happens very frequently that mady respects, were in violation of the spirit | lawyer and a lawyer's bill. Let us work well persons entering into such engagements find they can. as well as of the letter of the Municipal together; let there be nothing like opposition to not meet them with
that punctuality which has been Corporations Reform Act, and were calculated any society, especially none to the Incorporated sell involved,
and it often happens that a man is at
. to paralyze the efforts of governing bodies, 'Law Society, of which many of us are members
once put into possession, and the whole of the home
and effects sold off. The gentleman forwarding you company in both departments. In the life de. (as large as a walnut) death had ensued ; and you this circular does not mean to intimate that such may partment such improvement is manifest in three will readily understand that such a result in occurrence happen if you will kindly give him a call, it important particulars--namely, the amount of respect of a life which had been insured scarcely will not be time wasted, as he would advise the best the new premiums, the average amount of the ten weeks, left the
directors no alternative but to means and assist you at the same time of being relieved new policies, and the total sam assured thereby. make further inquiry. (Hear, hear.) Upon from such embarrassments. Trusting you will not The new premiums in the past year have reached inquiry being made it was found that the life consider me intruding in forwarding you this circa; the highest amount yet attained in this company, had in fact been proposed previously to two
or my services I will namely, £10,590 as against £8,500 in the pre other offices of standing, and declined by endeavour to fulfil those duties that devolve, por. ceding year. The average amount of the
new me both faithfully and efficiently.-I am, dear Sir, policies has risen from £814 in 1872 to £1,023 in about two or three months previous to the
both. One of which proposals was made only yours faithfully,-Ă, B.
F. R. COOTE. 1873, while the total amount thereby assured is proposal to this company. Had the directors
£267,000 for the past year, as compared with known of these prior proposals that would have UNQUALIFIED PERSONS.-We send you at foot £205,000 in the former year. (Hear, hear.) These led to inquiry and the knowledge of facts which copy of a document received by a poor person in are favourable features. The fluctuatios in the would have induced them to refuse the insurance this town, who holds a receipt for all money owing amount of the life claims during the past year at any premium whatever It was proved at the in respect of the application. Is it not an attempt is obvious; but I may observe that a pay- trial that the lady had been an intense sufferer to obtain money by means of a threat ? Cannot ment made in respect of a temporary excess for some time previously. The result of the trial & member of the Legal Practitioners' Society in the rate of mortality is not all money lost. was that a verdict was given for the company secure an admission as to whether it was sent by but is in a great measure a prepayment of claims, upon the count which involued the untrue state. the authority of the person whose name is litho- which would otherwise have to be met at some ments in the proposal. The insurer had lent no graphed at the foot of the note ?
future time or times-either proximate or remote. money, and insured the life only in anticipation of THE UNITED KINGDOM MERCANTILE OFFICES,
And, further, it is in the very nature of a life an intended marriage which death prevented. Holborn, London.
business that there should be fluctuations. All In conclusion, I may add that the directors took Lygal Department.
life assurance calculations are founded on the advice of most eminent counsel, and acted It having become evident from your silence that averages, and the very word " average
upon it only. (Hear, hear.) extreme measures will be required to recover the debt rily implies variation. This departure, therefore, Mr. Hooper.-I hope, sir, you will understand against you at these offices, we have to intimate that on Tuesday next (unless a settlement be previously sent
from the even tenor of our way should surely be that I did not bring this forward in any spirit of here), the necessary steps will proceed towards obtaining regarded as an incident in the chapter
of accidents complaint. (The Chairman.—“Oh, no."] ' I only a warrant of execution against your goods and chattels, from which, however great the care, prudence, wished for information, because I felt sure that which failing, a warrant of imprisonment for contempt of and vigilance in accepting or rejecting lives, no you would not in this office resist the payment court will be applied for, the expense of all which will office, I venture to say, can rely on enjoying a of any claim upon purely legal grounds. (Hear, fall on you to pay. No further notice of any kind can perpetual exemption. By way of a little counter. hear.) be sent. We are, your obedient servants, A. B. and Co., | poise to the excess of claims, I may state that Accountants.
Mr. McGedy.--I may inform you, Mr. Hooper, A FIRM OF COUNTRY SOLICITORS.
during the past year several reversions purchased that the reports in the newspapers, with the by the company have fallen in, which when realised exception of the Times, were all wrong. The may be expected, besides allowing £5 per cent. verdict on the principal count was for the com.
per annum interest on the cost of such reversions, pany, whereas it appeared in the newspapers as NOTES AND QUERIES ON to yield a profit on the capital of £5000 or £6000 against us. POINTS OF PRACTICE.
at least. The average rate of interest on our The Chairman then formally moved that the investments shows a very satisfactory improve- directors' report be received and adopted.
ment, although we have not been less careful as Mr. H. Mason seconded the motion which was NOTICE.-We must remind our correspondents that this
to our securities. As to the claims in the fire carried unanimously. column is not open to questions involving points of law such as a solicitor should be consulted upon. Queries will department, we ought to be contant, as the Mr. H. Mason said I am sure, gentleman, you be excluded which go beycnd our limits.
losses do not amount to more than the will all agree with me that we ought not to sepaN.B.-None are inserted unless the name and address of the average per centage. I am happy to say that rate without passing a vote of thanks to the gentle,
writers are sent, not necessarily for publication, but as a guarantee for bona fides.
many of the insured are revising their fire policies, man who occupies the chair on this occasion, and
with a view to increasing the amount insured in who is the deputy-chairman of the company. Queries.
due proportion with the enhanced cost of re-in (Cheers.) I can assure you on the part of the
stating. The new fire premiums have increased directors that we esteem his services very highly 91. TENANTS IN Common-MARRIAGE-CONVEYANCE 13 per cent. during the past year. We must all indeed. (Hear, hear.) He is indefatigable in the as tenants in common. The two daughters get married, regret the loss of Mr. Marsh, who died last year, performance of his duty, and I can only contem. and A. destroys the deed. Thero is nothing in existence
and who had been an active director of the com. plate that his removal would be a very great detri. to show that the property was vested in the daughters. pany from the time of its formation. Since the ment to the undertaking. (Hear, hear.) The time The daughters now wish the houses to be vested in report was printed we have had the misfortune to and attention he gives to the business of this office their husbands, in their own right. A. is willing to join lose an old and valuable country director and a is something considerable, and if the shareholders in any deed. There was no settlement on the marriage. large shareholder, Mr. Dabbs, of Stamford. I only knew how much they were indebted to Mr. can be done without the intervention of trustees, and take leave to remind you that this is the year for Cuddon for his services they would, I am sure,
the quinquennial valuation. I trust that every much more eulogistic than I am. (Hear, hear.) I
shareholder will add something to the business of began to move that the best thanks of the meeting 92. CLUB.-A. B., the secretary of a cricket club, the company during the current year. Nothing be given to the chairman, not only for his conduct ordered (it is assumed at the request
of the committee) else but the hearty co-operation of the share in the chair this day, but for his valuable services various articles for use by the members. The club holders is required to make our dividends not only to the company at all times. (Cheers.) eventually broke up without having paid A. B. for such permanently good, but also gradually progressive. Mr. Maude seconded the motion, which was articles. Who are the proper parties to be sued for the (Hear, hear.) I shall be most happy, before carried with applause. amount ? If possible, please give reference to a case.
moving the adoption of the report, to answer any The Chairman-I feel deeply indebted to to C.
question which any gentleman may wish to ask you, gentleman, for this kind recognition of 93. ADMISSION OF ATTORNEYS.-I am an articled respecting the business of the company.
the services which I am able to render to clerk, and my articles will expire three or four days Mr. T. J. Hooper-There is, Sir, one question the company. It is not only an immense after the expiration of Trinity Term 1875. By sect. 12 which I wish to ask upon a subject not mentioned pleasure to me to find that my efforts on behalf of of 23 & 24 Vict. c. 127, it would seem that a person in the report, and I do so for the information of this office are so highly
appreciated, but that in whose articles expire in any vacation may be admitted in that vacation. Will some of your readers who have
the shareholders generally. It has reference to the discharge of my duty I am surrounded by so been similarly situated inform me through your
the action which occurred a short time ago in many gentlemen of great business experience, of columns what steps are necessary to be taken in such which this company contested the payment of a great talent, and the highest possible integrity. a case in order to apply for admission.
life policy. I am sure the directors have an ex- (Hear, hear.) I have the able assistance of my ARTICLED CLERK, planation to give of it, and I think they will be friend Mr. McGedy (the secretary), Mr. Rogers of
only too glad to explain, because it appeared from the fire department, and other officials in the
the newspaper report that they contested the office, without which, of course, the business LAW SOCIETIES.
claim on purely technical grounds. I had nothing would not be in its present prosperous condition.
whatever to do with that action, and am in no I thank you very much indeed for your kindness. LEGAL PRACTITIONERS' SOCIETY. way concerned in it, but, as a shareholder and an (Cheers.) MEMBERS of the legal profession and others agent of the company, I think it would strengthen Mr. F. R. Ward.—I hoped the chairman would desirous of further improving or adding to the the hands of the agents generally, if you could, have concluded his remarks by proposing a vote Legal Practitioners' Bill 1874, which has been Sir, give us some few of the grounds on which you of thanks to the officers of whom he has spoken introduced into and read a first time in the House were led to resist the payment of the claim in so highly. I concur in all Mr. Mason has said of Commons, are requested by the honorary question. (Hear, hear.)
with reference to Mr. Cuddon's valuable services secretary to frame clauses dealing with such The Chairman.-I am very much obliged to the to the company. No one knows more about the matters concerning legal practitioners as need honourable proprietor for asking this question, as business than he does. But we all know how reform and can be dealt with by legislation, and it affords me an opportunity of giving an explain. exceedingly well he is supported by the officers, to forward them to him at the office of this ation, some of the newspapers having made a especially by Mr. McGedy, and by our friend Mr. journal.
mistake in reporting the result. I can assure the Burges, whose legal assistance is also most valu. N.B. An opportunity is now afforded country law meeting that ander no circumstances would the able to us. (Hear, hear.). I beg leave to move societies of moving with a view to legislation in directors have disputed a policy upon any techni. that we present our cordial thanks to the secreconnection with many matters constantly brought cal ground,
or upon any ground whatever, unless tary, the solicitor, and the other officers, for their under the notice of the governing bodies of such they had felt themselves compelled to do so in efficient services on behalf of the company societies.
justice to the policyholders and shareholders. (Cheers.)
The policy in question was effected by a gentle- Mr. C. A. Swinburne seconded the motion, LAW UNION FIRE AND LIFE INSURANCE man upon the life of a lady, and in the proposal which was at once carried with unanimity. COMPANY.
for the insurance it was distinctly stated that the Mr. Megedy-On behalf of myself, the solicitor, The annnal general meeting was held last week, life had never been proposed for assurance to any and the staff of the office, I return you my best at the offices, 126, Chancery.lane, E.C., James other office, and I need not say how
important it thanks for the compliment you have paid us in Cuddon, Esq., the deputy-chairman, presiding. is that a correct answer should be given to that passing this vote of thanks. We are all most
Mr. F. McGedy (the secretary) read the notice question. The policy having been completed on anxious that the company should prosper : and convening the meeting, and the minutes of the the 9th April 1872, and the death occurred on the we hope that during the current year, which
is preceding meeting, which were confirmed. The 16th June
following, and it came to the knowledge the last of the fourth quinquennial period, the directors report and statement of accounts of the directors that a post mortem examination shareholders will come forward and assist us by having been taken as read,
of the body had (at the instance of the lady's bringing a good many life proposals. (Hear, The Chairman said Gentlemen, the accounts relatives) been made, and that it proved to be the hear.)
. Last year, as the chairman has told
you, for the past year, now before you, exhibit a con. fact that she had diseased lungs, and that forty: we did the largest amount of new business we siderable improvement in the new
business of the two gall stones had been found, from one of which have ever transacted in any one year, amounting