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it was contended that there had been contributory
negligence on the part of the plaintiff in jumping
down as he had done, and that, at all events, the
plaintiff had only been slightly hurt.
51. 5. damages.
The jury found a verdict for the plaintiff, with

JUDGES CHAMBERS (DESPATCH OF
BUSINESS) BILL.

TATE (Isaac), Leeds, agent to the undertakers of the Aire and
Calder Navigation. July 15; Tennant, Newstead, and
Wilson, solicitors, Red-hall, Leeds. July 23; V. C. M., at

noon.

TILLY (James). Church-street, Bethnal-green, Middlesex.
July 23; Norton, Son, and Elam, solicitors, Walbrook-
house, 37, Walbrook, London. July 30; M. R., at noon.
WARDER (Alfred W.), 36, Bedford-square, Brighton, M. D.
July 20; Palmer, Eland, and Nettleship, solicitors, 4,
Trafalgar-square, Westminster. July 27; M. R., at noon.
WILLETT (Thos.), Loughborough-house, Surrey, Esq. July
20; Combe and Wainwright, 9, Staple-inn, Holborn, London.
WILSON (R. C.), 2, Stranraer-place, Maida-hill, Paddington,
Aug. 5; V. C. W., at noon.
Middlesex, and 37, Drury-lane, wine merchant. July 30;
Routh and Stacey, solicitors, 14, Southampton-street,
Bloomsbury. Aug. 8; V. C. S., at noon.

attorney, made an order directing that personal service of the writ of summons and plaint in the action on defendant's attorney, and the transmission of copies thereof, and of the said order in a registered letter to the defendant, addressed to his place of business in London, should be deemed good service of the said writ upon the defendant, unless cause was shown to the contrary in six days after service of the rule making the order on the defendant's attorney and such transmission by post as aforesaid, and that such service and transmission were effected as directed by the said court, and that the rule of court making the order was made absolute. Rejoinders, that the order of the court was obtained on the strength of the affidavit of the plaintiff's attorney, which said affidavit was untrue, and that the plaintiff never had any right of action against the defendant in respect of the cause of action in respect of which the their objects have ever been to promote the better BROOKS (Thos.), Stock-park, Lancashire, Esq July 21:

said judgment was obtained: Held, that the rejoinders were bad, and that the replication was good. Per Bramwell, B.-The repugnancy to "natural justice" in respect of which a foreign judgment is impeachable in an action thereon is a repugnancy to natural justice in reference to the conduct or mode of procedure of the foreign court, and not in reference to the merits of the action: (Crawley v. Isaucs, 16 L. T. Rep. N. S. 529. Ex.)

V. C. WOOD'S COURT.

Re THE INNS OF COURT HOTEL COMPANY (LIMITED).

This case came before the court upon a summons on behalf of the official liquidators, for the purpose of obtaining the sanction of the court to a proposed sale of the entire property of the Inns of Court Hotel Company, new in course of winding-up, to the Lincoln's-inn-fields Hotel Company, for the sum - of 99,000l.

Little, Q.C. appeared in support of the summons, and stated that a question would have to be discussed as to the validity of certain debentures which had been granted, and the payment of which the new company were prepared to provide for if the court should be of opinion that they constituted a valid charge upon the property of the old company. It was proposed to ask the court to approve the contract subject to the determination of this question on a future day.

Wickens, Osborne Morgan, and Darey appeared for debenture holders; but, as they were not all before the court, the discussion upon this point was adjourned.

Rowcliffe, on behalf of trustees for a certain class of debenture-holders; and E. Charles for the Lincoln's-inn-fields Hotel Company, supported the proposed sale.

Archibald Smith, for the builders, who were the only unsecured creditors, opposed the proposal, and submitted that if the property were divided into four lots, instead of being sold in one entire lump, a much larger sum than 99,000. might be fairly expected to be realised.

The VICE-CHANCELLOR said that the court ought not to forego the chance of selling this property as a going concern on the mere suggestion, unsupported by any evidence, that if it were put up for sale in four lots more might be realised. No other offer had been made, and as this new company were willing to give a sum which, after providing for the debentures, would produce a surplus for the unsecured creditors, their offer ought not to be rejected.

COURT OF COMMON PLEAS.
Saturday, June 22.

GEDYE, THE LONDON AND SOUTH-WESTERN
RAILWAY COMPANY.

This was an action to recover damages for injuries resulting from the alleged negligence of the defendants' servants.

Sir Robert Collier, Q.C., and Rosher appeared for the plaintiff; Serjt. Ballantine and Wood for the -defendants.

The plaintiff, who is an attorney, having an office in Essex-street, Strand, and who lives at Wimbledon, was, it appeared, returning home from his office on the evening of the 27th Dec. last by the defendants' railway to Putney. On arriving at the Putney station he found his carriage door locked, and could not get out, and for a long time called in vain for a porter, and it was not until a young gentleman who was in the carriage got through the window and run to get a porter that one was obtained to unlock the door. At the moment the plaintiff was then getting out the train started on, and the plaintiff was obliged to jump down, his carriage then being beyond the platform. He sprained his back in consequence, slightly injured his spine, and was much shaken, and unable to leave his house for two or three days, and had to consult a medical man, advised him to give up work for a fortnight. He had paid his medical man a guinea. For the defence

who

The following is the petition of the Metropolitan
and Provincial Law Association on the above Bill
presented by Mr. Denman on Monday night :-
"To the Honourable the Commons of the United
Kingdom of Great Britain and Ireland in Parliament
assembled.

"The humble Petition of the Metropolitan and
Provincial Law Association.

CREDITORS UNDER 22 & 23 VICT. C. 35. Last Day of Claim, and to whom Particulars to be sent. BARNARD (Thomas) Pulborough, Sussex, yeoman. July 24; R. Faithfull, solicitor, 64, Middle-street, Brighton. BENHAM (G. S.), Upper Barnsbury-street, Islington, Middlesex, Esq. July 31; Edwards, Layton, and Jacques, solicitors, 8, Ely-place, Holborn, London.

merchant. Aug. 7; W. A. Crump, solicitor, 163, Fenchurchstreet, London.

"Showeth,-That your petitioners are an association consisting of nearly 800 practising attorneys BERRY (Alfred A.). 37, Highbury-place, Middlesex, wine and solicitors in England and Wales, of whom nearly 600 carry on business in the provinces, and that and more economical administration of the law, and to maintain the rights and increase the usefulness of the Profession.

"That your petitioners cordially approve of the main objects of the Bill now before your Honourable House intituled, An Act for the better despatch of business in the chambers of the judges of the Superior Courts of Common Law,' as they have long felt the necessity of power being conferred on the Common Law Judges to effect the contemplated improvements in the mode of conducting business in their chambers.

That your petitioners are, however, of opinion, mode of appeal by way of adjournment to a judge; that when practicable, there should be an immediate also that the period of three clear days proposed by sect. 4, to be allowed for appeals from the masters to the judges is unnecessarily long, and might be taken advantage of for purposes of delay; and they would venture to submit that one clear day would be amply sufficient for such purpose in almost every case; and that exceptional cases should be provided for, by giving power to the master to extend the time for appealing, if he should think fit at the time of giving his decision on the matter of the

summons.

"Your petitioners, therefore, humbly pray your

Walters, Young, Walters, and Deverell, solicitors, 9, Lin-
coln's-inn, London.

CONNOP (Major-General Richard), Durants, Enfield, Mid-
dlesex. July 31; Turner and Son, solicitors, 42, Jermyn-
street, St. James's, London.
CULVERWELL (Richard), North-street, Clapham, Surrey,
gentleman. July 8; W. Lovell, solicitor, 26, Charles-street,
St. James's, Westminster.
CETCLIFFE (Harriet E.), Marwood, Devonshire, spinster.
Aug. 23; Pearse and Crosse, solicitors, South Molton,
Devon.

DRAKE (J. D.), Fairfield-terrace, Rock-ferry, Cheshire,

merchant's clerk. Aug. 1; T. Bellringer, solicitor, 5, Dalestreet, Liverpool.

.

FISHER (Anthony Lax), 14, York-place, Portman-square,
Middlesex, M.D. July 25; J. L. Tomlin, solicitor, 9, Old
Burlington-street, London.

GREENFIELD (James), Cotswold Grange, near Cheltenham,
Gloucestershire, Esq. Aug. 22; G. Annesley, solicitor, 64,
Lincoln's-inn-fields, London.

HENLY (Mary), Calne, Wilts, spinster. Aug, 18; Keary,
HONEYSETT (Edward), Sedlescomb Stream, Whatlington,
Renny, and Stokes, solicitors, Chippenham, Wilts.

Battle, Sussex, gentleman. July 15; O. Richards, solicitor,
16, Warwick-street, Regent-street, London.

HowLE (Joseph), S, Conduit-street, Bond-street, Middlesex,

tailor and outfitter. Aug 10; Abbott, Jenkins, aud Abbott, solicitors, 8, New-inn, Strand.

LEWINGTON (Thos.), Westow-hill, Norwood, Surrey, gentleman. July 5; C. and J. Allen and Son, solicitors, 17, Carlisle-street, Soho-square, London.

MARKWELL (Rev. J. W.), 83, De Beauvoir-road, Kingsland,

Middlesex. July 10; J. D. Finney, solicitor, 6, Furnival'sinn, London.

MOSELEY (H. C. L.), Glenham-house, Great Glenham,

Suffolk, Esq. Aug. 31; R. L. Mayhew, solicitor, Sax-
mundham.
PRETYMAN (Rev. Richd.), Middleton Stoney, Oxon. Sept. 2;
Dayman and Walsh, solicitors, 9, St. Giles-street, Oxford.
SANTA MARIA (Luis Y.), Bedford-street South, Liverpool,
Inerchant. Aug. 12; A. S. Samuell, solicitor, 16, North
John-street, Liverpool

Honourable House to amend the said Bill
intituled, An Act for the better despatch of
business in the Chambers of the Judges of the
Superior Courts of Common Law, by sub-
stituting in sect. 4, for the words, three clear
days, the words 'one clear day;' and by SMITH (Rebecca), Clewer, Berks, widow. July 31; C. T.
inserting in the following line, before the
words to appeal,' the words or within such
further time as the master shall direct.' And
also by making provision for a ready mode of
immediate appeal by way of adjournment to
any judge who may be sitting at chambers at
the time.

SLACK (Joseph), West Smithfield, London, woollendraper.
July 12; Walters and Gush, solicitors, 36, Basinghall-street,
London.

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afternoon.

BYSE (H. M. M.), St. David's, Exeter, gentleman. July 20;
Burgoynes, Milnes, and Burgoyne, solicitors, 160, Oxford-
street, London. July 29; V.C. S., at one o'clock in the
CLERIHEW (Alex ), 121, Bunhill-row, London, manufacturing
joiner. July 12; Howard and Co., solicitors, 64a, Pater-
noster-row, London. July 22; V.C. S, at one o'clock in
the afternoon.

DYER (George). Chiselhurst, Kent, builder. July 22; Ban-
nister and Robinson, solicitors, Rectory-house, Martin's-
lane, Cannon-street, London. Aug. 2; V. C., at one o'clock
in the afternoon.
FOWELL (Samuel), Milverton, Somersetshire. July 19: Dale
and Stretton, solicitors, 3 Gray's-in-square, London.
July 30; M. R, at eleven o'clock in the forenoon.
Fri (John), Huddersfield, soap dealer. July 16; T. W.
Clough, solicitor, Huddersfield. July 23; V.C. M., at

noon.

HP (James), 158 Adelaide-road, Hampstead, Middlesex.
July 22; J. Knight, solicitor, 10, New-inn, London. July
29: V.C. S. at noon.

IMBRIE (J. W. T.), 47, West Strand, Middlesex, fishmonger.
July 16; Miller and Son, solicitors, 15, Glifford's-inn, Lon-
don. July 26: M. R, at noon.

MACK (John), Paston-hill, Norfolk, Esq. July 26: W. Fors-
ter, solicitor, Aylsham. Aug. 1; V.C. S., at noon.
MOATES (Win.), 5A, Lothbury, London, accountant. July 10;
Blake, Son, and Shae, Solicitors, 5, Arthur-street east,
Ronson (M. B.) Sunderland. July 11; J. Kidson, solicitor,

London. July 18: V. C. M., at noon.

Sunderland. July 23; V.C. W., at noon.

Row (J. W.), Chard and Crewkerne, Somersetshire, spinner.
July 20; J H. Jolliffe, solicitor, Crewkerne. July 29;
V. C. M.. at noon.

SNIDER (Jacob), the younger. Und-villas, Oxford-road, Kil-
burn, Middlesex. Sept. 2: Howard, Dollman. and Lowther,
solicitors, 141, Fenchurch-street, London. Nov. 4; V.C. M.,
at noon.

Phillips, solicitor, 1, Sheet-street, Windsor.
SPARROW (C. F.), Wolverhampton, solicitor. Aug. 9: W.
Flewker, solicitor, 64. Darlington-street, Wolverhampton.
SPOKES (Danl.), Kislingbury, Northamptonshire, retired
iniller and farmer. Sept. 1; C. Britten, solicitor, 2, St.
Giles-square, Northampton.

THORNTON (G. S.), Marden-hill, Herts, Esq. Oct. 1; Dom-
ville, Lawrence, and Graham, solicitors, 6, New-square,
Lincoln's-inn, London.

TOWERS (John), Saint Michael's-hill, Bristol, gentleman
Aug. 22; W. H. Bush, solicitor, 21, St. John-street, Bristol.
TOWNSEND (W. H.), Strontian-house, Cotham, Westbury-
upon-Trym, Bristol, engineering surveyor. Aug. 1; Osborne,
Ward, Vassall, and Co., solicitors, 41, Broad-street, Bristol.
WARD (HY.), Chippenham, Wilts, innkeeper. Aug. 18
Keary, Kenny, and Stokes, solicitors, Chippenham.

UNCLAIMED STOCK AND DIVIDENDS IN THE BANK OF ENGLAND. [Transferred to the Commissioners for the Reduction of the National Debt, and which will be paid to the persons respectively whose names are prefixed to each, in three months, unless other claimants sooner appear.]

ALFORD (Hon. Lady M. M), Princes-gate, Hyde-park, widow.
Dividend on 1800l. Reduced Three per Cents. Claimant,
said Lady M. M. Alford.

BARLOW (Rev. Hy.), Sheffield. 847. 28. 10. Three per Cent.
Consols. Claimant, said Rev. H. Barlow.

HUTTON (Elizabeth and Janet), Barnstaple, Devon, spinsters.
Dividend on 15734. 138, 8d. Three per Cent. Consols. Claim-
ants, said E. and J. Hutton.
PARGETER (Caroline E), Foxcote, near Stowbridge, Worces-
tershire, spinster. Dividends on 37991. 38. 8d. Three per
Cent. Consols. Claimant, B Robinson, executor.

THE BENCH AND THE BAR.

THE SHERIFFS AND THE JUDGES.
On Saturday Mr. Alderman and Sheriff Waterlow
with Mr. Sheriff Lycett gave a banquet to Her
Majesty s Judges in the fine old Hall of the Stationers
Company, at Ludgate-bill. Both the Sheriffs presided,
and among others present were Mr. Justice Lush, Mr.
Justice Mellor, Lord Justice Turner, Mr. Baron
Pigott, Mr. Justice Shee, the Solicitor-General, Hon.
G. Deuman, C., M.P., Mr. Huddleston, Q.C., M.P.,
Mr. Locke, Q.C., M.P., Mr. Garth, Q.C., M.P., Mr.
Alderman Salomons, M.P., Mr. Alderman Rose, Sir
R. P. Collier, Sir R. W. Carden, Sir George Hony-
man, Q.C., Mr. Serjeant Ballantine, Dr. Spinks. Mr.
Serjeant Atkinson, Sir James Tyler, Mr. Vernon
Harcourt, Q.C., Mr. Assistant-Judge Bodkin, Mr.
Sergeant Payne, Mr. D. D. Keane, Q.C., Mr. H.
Giffard, Q.C., Mr. Goodson, M.P., Mr. Samuel
Warren, Q.C., Sir Thomas Henry, Mr. Serjeant
Gaselee, M.P., Mr. P. F. O'Malley, Q.C., the Under
Sheriffs Mr. De Jersey and Mr. Crossley, Mr.
Serjeant Parry, Mr. Field, Q.C., &c.

The usual loyal toasts having been given and welcomed with all the honours

Mr. Sheriff Lycett, in proposing the toast of the evening-"The Health of the Judges"-said that the administration of the law was a most important function of the community called the State. At the present time the duties of our judicial authorities mere most faithfully performed, and justice was administered with a degree of impartiality and integrity not surpassed, if equalled, in the history of the country. Not only should the administration of justice be unquestioned, but the people should believe that it was above suspicion. The faith in the incorruptibility of our judicial functionaries was intense, but, nevertheless, the rapid growth of our national prosperity and the enormous increase of our commerce induced such an increase in the business

of our courts that it was impossible for the judges to

perform all the duties that devolved upon them with satisfactory expedition. It was the duty of the Legislature to obviate the difficulties which arose in the way of the efficient administration of the law, for there was no doubt that the present occupants of the Bench were largely overtaxed. He and his

colleague were glad to see so many judges present that evening and welcomed them with the utmost cordiality. He begged to couple with the toast the

name of Mr. Vice-Chancellor Stuart.

In responding to the sentiment the learned ViceChancellor said that he felt great pleasure in returning thanks to the Sheriffs for the toast which one of them had so gracefully and eloquently proposed and to the company for the manner in which they had received the mention of his humble name. The sheriff had not underrated the importance of the functions which belong to the judicial bench, and he had done them nothing but justice in the high testimony he had paid to their ability and integrity. It must be a source of consolation to the people of England that so many men of genius and talent were willing to come forward and take upon themselves the responsible duties of judicial office. They ought to derive further pleasure from the fact that these duties were fulfilled with credit to those upon whom they devolved, and with incalculable advantage to the commonwealth. Speaking of a subject which was prominently suggested by the present festivities he wished to say that he with his learned brothers were proud of the ancient guilds and corporations of the city of London, for, in addition to their political influence, they sustained those social relations

which were so calculated to unite in a common bond

men of all shades of political theory and religious belief. He had entered Stationers'-Hall that evening with great pleasure, but he hoped that on some future occasion he would enter it again under different cir

cumstances.

MAGISTRATE AND PARISH
LAWYER.

[NOTE.-The current Law under this Department is noted by
T. W SAUNDERS, Esq., Barrister-at-Law, Author of "The
Practice of Magistrates' Courts," &c.]

NOTES OF NEW DECISIONS.
CARNAL KNOWLEDGE OF A GIRL UNDER TEN.
-An indictment under sect. 50 of 24 & 25 Vict.
c. 100 for attempting carnally to know a girl
under ten is sufficient, though the words "and
abuse" used in the statute are omitted: (Reg. v.
Holland, 16 L. T. Rep. N. S. 536. Cr. Cas. Res.)
prisonment on a charge of embezzlement, the
charge being that "he had embezzled various
sums within the last fortnight," the defendant
pleaded not guilty by stat. 24 & 25 Vict. c. 96,
s. 103 (that the plaintiff had been found com-
mitting the offence). This was held to be a case

EMBEZZLEMENT.-In an action for false im

evidence with much

reasonably view any new
suspicion and sift it accordingly; but we do not
think that the dismissal can operate as a bar to
further inquiry.

In a subsequent case of Reg. v. Harrington, 9 L. T. Rep. N. S. 721, we have the question again raised. In that case a woman had applied for an order of affiliation, and not being prepared at the hearing with the corroborative evidence, her application was dismissed; subsequently she made another application which came on for hearing before other justices, but in the same petty sessional division, whereupon an order was made. Upon an application for a rule for a certiorari to remove this order that it might be quashed on the ground of a want of jurisdiction in the justices to make it, the rule was discharged, and in giving judgment, Cockburn, C. J. said:

I am of opinion that this rule should be discharged. In the first place I agree with the former decision in

in which the statute does not apply: (Field v. Reg. V. Machen, that where an application of this Musgrove, 16 L. T. Rep. N. S. 536. Lush, J.)

BASTARDY-Order of AFFILIATION-SECOND APPLICATION-DUTIES OF JUSTICES.-When justices are called upon to adjudicate upon an application for an order of affiliation, they are often embarrassed by a preliminary objection that they ought not to hear the case inasmuch as they have already dismissed a previous complaint for the same matter. The course to be pursued under such circumstances has not always been very clear. The bench have often felt that to re-hear a case upon another application upon the same facts is to subject the defendant to an unfair amount of harassing, and to be acting somewhat in defiance of that wholesome rule of law expressed by the maxim nemo debet bis vexari pro eadem causa, whilst at the same time they have thought that the first hearing may have miscarried through the want of preparedness of the woman, and that to refuse to hear such second application, would be to cast the burden of the support of the child upon the party least able and least deserving of maintaining it.

It not unfrequently happens that a woman who seeks an order of affiliation, feels so strongly the justice of her case, and the utter inability of the defendant honestly to deny the paternity, that upon the first hearing she does not arm herself with that amount of corroborative evidence which in such cases the law requiries, and hence, upon the hearing, she finds her application unsuccessful. Being thus warned by her failure she The musical arrangements were under the direc-arms herself with the needful proof, and a second tion of Mr. J. L. Hatton, who was assisted by Miss Julia Elton, Miss Susanna Cole, Mr. Wilbye Cooper,

The toast of "The Bar," to which Mr. Samuel Warren, Q.C., responded, and other sentiments having been given, the company separated at halfpast 10 o'clock.

and Mr. W. H. Weiss.

THE BAR OF SCOTLAND.-The Edinburgh Courant says a meeting of the Faculty of Advocates is to be held for the purpose of considering the following resolution to be moved by the dean :

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That the faculty are of opinion that the Bar of Scotland should be put on the same footing as regards the appointment of Queen's counsel as the Bar of England and of Ireland, and direct the dean

and his counsel to communicate this resolution to Her Majesty's government."

THE NEW CHANCELLOR OF THE DUCHY.-A curious incident is mentioned as having occurred in the appointment just announced of Colonel Wilson Patten. More than a fortnight ago Lord Derby wrote to him, offering the Chancellorship of the Duchy of Lancaster. Ten days elapsed, and he rerceived no answer. The protracted silence seemed unaccountable. At length the Premier wrote to say he would be glad to have an answer to his letter, which, upon inquiry, it was discovered had been addressed to Hill-Street, where Colonel Patten was not then residing. His acceptance of office, as he had on more than one previous occasion declined offers of a similar kind, is looked upon as a new proof of confidence in the Administration.

ELECTION OF SHERIFFS.-On Monday afternoon a Common-Hall of aldermen and citizens of London was held at the Guildhall for the purpose of proceeding to the election of sheriffs of London and

Middlesex, in succession to Alderman Waterloo and Mr. F. Lycett, whose term of office will expire in September. Alderman Stone, the first on the list of aldermen who have not served the office, was elected without opposition. Mr. George Moore then came forward and proposed as the second sheriff Mr. W. McArthur, whom he described as one of the

merchant princes of London. Mr. Dyson seconded the motion, and Mr. McArthur was declared elected. Mr. John Bennett, of Cheapside, announced his intention of becoming a candidate next year. Alderman Stone and ¡Mr. McArthur then thanked to the livery.

time endeavours to prove her case. Upon such
second application, what are the duties of the
justices if the objection be taken that they have
already adjudicated upon the charge? The law
now seems to be pretty clearly laid down, and it
is this: If the former complaint was dismissed
not upon the merits, as for a want of corro-
borative evidence, the justices are bound to hear
the second application as though no former one
had been made. If the former complaint was
dismissed after a hearing upon the merits, the
justices ought still to hear the application, and
should there be no material evidence giving
additional strength to the case of the applicant
they may well give effect to the former decision,
though not bound to do so, and dismiss the
application; though of course they may act
entirely upon their independent judgments of
the merits of the case. The cases upon the
subject will illustrate the question.
of Reg. v. Machen, 18 L. J. 213, M. C., Lord
In the case
Denman, C. J. in giving judgment said:

remedy somewhat similar to that which formerly
The statute 7 & 8 Vict. c. 101, gives the mother the
had been given to the parish, and directs the tribunal
to which application is to be made; it authorises
the justices in petty sessions upon certain evidence
to adjudge the party summoned to be the putative
father, and to order him to pay money, and gives him

a right of appeal; but it contains no directions as to
what is to be done if the case is not made out to
their satisfaction, neither does the subsequent statute
8 & 9 Vict. c. 10, which latter gives in a schedule the

forms which are to be used, but there is no form of
adjudication in favour of the party summoned, nor
any enactment as to costs to him or anything of the
kind; we cannot therefore see that the Legislature
intended them to have any power to adjudicate finally
against the mother. Their dismissal of the applica-
tion is rather in the nature of a nonsuit in an action,
in which case the plaintiff may come again better
prepared. We are far from saying that the dis-
missal is to have no weight, but we think that the
justices cannot refuse to hear the second application.
If it should appear to them that the matter was
fully inquired into upon the first occasion, they will

nature is dismissed upon the ground that there has been no sufficient corroborative evidence, it is not a dismissal upon the merits, and therefore a fresh be made. But it is not necessary to rest our decision application, if made within the statutable time, may upon that ground. If there has been a hearing upon the merits and a dismissal upon the merits, and if that be brought to the notice of the justices upon a second application, and there is no other evidence produced, I think that ought to be a sufficient answer, and if in this case it had been brought to the attention of the justices that the case had before been dismissed upon the merits, and that there was no other evidence in support of the application than was before submitted to them, I should have been disposed to give effect to the present application. But that was not so in the present case.

before the Court of Queen's Bench, in the case of Very recently the question has again come Reg. v. Gaunt and another, 16 L. T. Rep. N. S. 379, which was argued upon a rule for a certiorari to bring up an order of affiliation, in order that it might be quashed. It appeared that on the 27th of June, one Agnes Gilman, made an application for an order of affiliation upon one Daniel Bradbury, which was dismissed, chiefly, as was of one Joseph Main, who was called as a witness stated by one of the justices, upon the evidence for the defendant. For this evidence the said Joseph Main was afterwards indicted at the assizes for perjury, and upon his trial he was convicted. Subsequently the woman made a second application, and upon the hearing it was objected on the behalf of Bradbury that the justices had no jurisdiction on the ground that the application had been already heard and dismissed upon the merits; but the justices overruled the objection on the ground that the former dismissal had been brought about by evidence which was perjured, and was therefore effected by fraud. Upon the argument in the court above, the rule for the certiorari was discharged. In giving judgment Blackburn, J. said:

The reasons for the judgment in Reg v. Machen Jenkins (Ca. K. B. temp. Hard. 301), and upon the seem to have grounded upon the decision in Reg. V fact that the parties would be placed upon an unequal footing if no second application could be made by the mother, inasmuch as the statutes give her no right of appeal, although such a right is In the present conferred upon the putative father. case the putative father escaped an order upon the first affiliation by means of the evidence of a per jured witness, and the question is whether the decision of the justices upon that occasion deprived the justices to whom the second application was made of of Reg. v. Machen, it did not. jurisdiction, and in my opinion, upon the authority

Mr. Justice Mellor also says: made to justices, they should, so far as they propero No doubt where a second application of this kind is can, give effect to what was done by the justices upon the first occasion, but it must not be supposed that they are bound by any previous decision. Here the just the second application and the order they made, justices in the exercise of their discretion, proceed to thereon was a perfectly valid one.

Mr. Justice Shee concurred.

Mr. Justice Lush, however, in giving his judg ment, whilst he felt bound by the authority of Reg. him for the first time he should be inclined to v. Machen, said that if the question came before decide otherwise.

These cases now remove any doubt as to the duties of justices upon a second application, and it is clear from them that the first application, though dismissed upon the merits, is no bar to another application, and that the only effect of such prior dismissal is that it is a fact which the justices may weigh with the others in coming to their final decision.

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BOROUGH QUARTER SESSIONS.

When holden.

Saturday, July 6
Friday, July 5
Friday, July 5
Thursday, July 25
Friday, July 5
Saturday, June 29
Thursday, July 18
Tuesday, July 9
Thursday, July 4........
Wednesday, July 3.
Tuesday, July 2
Friday, July 5
Thursday, July 11
Friday, July 5
Tuesday, July 2
Monday, July 1....
Monday, July 8.......
Monday, July 1.......................
Friday, July 12....
Thursday, July 4
Wednesday, July 3
Friday, July 5

Saturday, June 29

Saturday, July 6

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Friday, July 5 ...
Monday, July 1...........
Thursday, July 11

Thursday, July 4...........
Monday, July 1.

Saturday, July 6. Wednesday, July 10............ Tuesday, July 2.................. Friday, July 5 .................. Saturday, July 6

Wednesday, July 24............ Monday, July 1.................. Thursday, July 4

MARLBOROUGH-STREET

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U. Corbett, Esq.

14 days

14 days

E. H. Reed, Esq...

J. Locke, Esq., Q.C., M.P.
Serjt. J. A. Kinglake......
J. R. Bulwer, Esq., Q.C....
J. Johnes, Esq.....

J. J. Johnson, Esq., Q.C...

H. J. Bushby, Esq...

G. Boden, Esq., Q. C.

C. Saunders, Esq.

W. Blanshard, Esq.

G. Francis, Esq.

C. S. Whitmore, Esq. Q.C.
N. Palmer, Esq.

R. H. Hurst, Esq., M.P....

S. Warren, Esq., Q.C......

Mr. Serjeant Hayes

J. H. Brewer Esq.

J. R. Kenyor Esq., Q.C..

C. Saunders, Esq.

Henry Bullar, Esq.

F. Barrow, Esq.

R. H. Hurst, Esq., M.P..

J. Deedes, Esq.

R. A. Benson, Esq......
The Hon. E. C. Leigh
T. H. Naylor, Esq.....
A. W. Daniel, Esq.
W. J. Neale, Esq.

U. Corbett, Esq.

J. Catterall, Esq......
A. J. Stephens, Esq., Q.C.
F. T. Streeten, Esq.

POLICE COURT.

Wednesday, June 25.
(Before Mr. KNOX.)
Strikes-Arbitration (5 Geo. 4, c. 96).

E. Lewis renewed his application for a summons, on behalf of a journeyman tailor, under the Act known as the "Arbitration of Disputes Act," 5 Geo. 4, c. 96; power being given under the Act to settle certain disputes between master and workmen; amongst others, disputes respecting the payment of wages as agreed upon, or the hours of work as agreed upon; but it is afterwards provided that nothing in this Act contained should authorise any justice to establish a rate of wages, or price of labour or workmanship, at which the workman shall in future be paid, unless with the mutual consent of both master and workman.

Mr. KNOX said: Without prejudicing anything as to the facts of the case, as they may be disclosed upon summons, there seems to me a possibility that this case will fall within the special exception mentioned in section 2. Dropping the whole machinery of arbitrators and referees, and, assuming that the case ultimately comes before the magistrate for decision, he is expressly forbidden to do anything which shall establish a rate of wages for the future in any trade. Now, the very essence of this application is that the complainant shall be so remunerated according to a log, the validity of which it is obvious the defendants would dispute. Mr. Lewis says-and no doubt it might be so contended that the magistrate had nothing to do with any inference which may be drawn from his decision; he would simply contend that the complainant is entitled to be paid according to the custom of the trade, and that the log is evidence of the custom. I confess it seems me, on the whole matter, that to establishe validity of the log is to establish the rate of wages. Assuming that I dismissed the summons, it would be competent to Mr. Lewis to ask me to state a case for the judges; it would be equally competent to me to state that I had found facts, not raised in point of law, and upon that point Mr. Lewis might take further action. On the whole I think it would be more convenient to all parties if this application were renewed next week, it being clearly understood that the rights of the parties are not affected by the result of this application. I would also add, that although in this case I have the most serious doubt that the application can be entertained under this statute, I would be glad indeed if it were found to be otherwise. It would be a happy circumstance if the agitation which at present pervades the tailors' trade were withdrawn from the streets and brought within the walls of courts of justice for legal decision.

E. Lewis said that after what he had heard from his worship he would renew his application. Subsequently Mr. Lewis attended before Mr. Knox, and said that, the persons against whom he applied for the summons having agreed to his client's terms, he wished to withdraw his application.

COURT OF EXCHEQUER.
Saturday, June 22.

PRETTYMAN V. LISTER. Digby Seymour and T. Brandt were council for the plaintiff; and Serjeant Ballantine and J. C. Matthew for the defendant.

This was an action for false imprisonment. The

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J. H. Toller.

R. Home.

J. Rooker.

J. Gordon.
W. D. Batte.
J. Trevor.
E. Evershed.
W. O. Hare.
W. Cockerell.
J. H. Barker.
E. Titchener.
J. S. Barnes.
J. Gadsby.
G. H. E. Rundle.
E. Nicholson.
S. G. Johnson.

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published. They relate (1) to the seven boroughs whose members were, by the Reform Bill of last Clerk of the Peace. session, to have been increased from 14 to 21; and (2) to the seven counties (excluding the boroughs within the same) whose members are proposed to be increased from 14 to 28 by the Reform Bill now before Parliament. The boroughs named are Liverpool, Glasgow, Manchester, Birmingham, Dublin, Leeds, and Edinburgh; and the counties are South Devon, West Kent, North Lancashire, Lincoln (parts of Lindsey), Middlesex, South Staffordshire, and East Surrey. It appears that the total population of these boroughs in 1861 was 2,131,894, whilst that of the counties (exclusive of represented cities and boroughs within them) was only 1,903,544. The number of electors of 10. rental, excluding all double enrolments, is in the boroughs 95,168, and in the counties 83,879. The annual value of the property and profits charged to income-tax under Schedule A is in the boroughs 14,506,8987., and in the counties 13,022,750%. In the boroughs the aggregate amount of income-tax charged under Schedules A, B, D, and E is 680,922, whilst in the counties it is only 328,7651., or less than one half of that charged in the boroughs. The aggregate amount of taxes, including the income tax given above, house duty, land tax, and other assessed taxes, is for the boroughs 813,9037., and 729,3661. for the counties. The proportion of the aggregate amount of taxation to every 5000 of the population is 19087. 10s. in the boroughs, and 1915. 15s. in the counties. In the boroughs there are 225 electors to every 5000 of the population, and the proportion of electors to population in the counties was 220 to every 5000. The proportion of houses charged with inhabited house duty to every 5000 of the popula215. The total amount paid from the public revenue tion was in the boroughs 122, and in the counties for police purposes was, in the boroughs 82,274, and in the counties 187,885. 1s. 7d. The last mentioned sum is for the entire counties named. The licence and certificate duties of every description amounted, in the boroughs to 256,369%., and in the

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plaintiff is the son of a butcher at Ruislip, and the defendant is a magistrate and barrister, residing at Ruislip-park. The plaintiff was intimate with the defendant's servants, and was in the habit of going up to see them. Upon one occasion he was in the harness room, and laid hold of a rifle belonging to the defendant, and expressed a wish to have a similar weapon. Some days afterwards the rifle was missing. A man named Robinson told Hinton, the defendant's coachman, that he had seen the defendant's rifle in a barn attached to the premises occupied by the plaintiff's father. Hinton told his master what Robinson had said, and the defendant, acting upon the statement of the latter, caused the plaintiff to be taken into custody, and on inquiry before the magistrate the plaintiff was dismissed on the ground of the insufficiency of evidence. The plaintiff, it appears, was a member of a sparrow club, and Robinson swore to the gun as being the property of the defendant, owing to the top of the hammer being broken off. For the plaintiff it was proved that he enjoyed an unblemished character, and it was admitted that tramps could have had access to the harness room whence the rifle had been removed.

Endeavours were made to compromise the case, the plaintiff being willing to accept a retractation of the charge and the payment of his expenses; but the defendant, while admitting that the young man's character was unimpeached, maintained that there was reasonable and probable cause for acting as he had done.

The gun belonging to the plaintiff's father was produced in court. It was an old flint shot gun, with the flash pan taken away, and an outrigger with a nipple on it screwed in. All the furniture was German silver, and the barrel had been reduced fully twelve or fourteen inches from its original length.

After his Lordship had summed up, the jury found a verdict for the plaintiff-Damages 100%. Execution was stayed to afford the defendant an opportunity of moving the court next term.

PARLIAMENTARY COUNTIES AND

BOROUGHS.

From the Poor-law returns presented to Parliament we find that the constituencies to be formed under the Government Reform Bill will comprise:-In Southeast Devon a population of 144,133, of whom 5944 were registered electors in 1866-7; South-west Devon, 76,076, with 3818 electors; West Kent, 128,714, with 4893 electors; Mid Kent, 148,344, with 6203 electors; North Lancashire, 161,524, with 8111 electors; North-east Lancashire, 212,965, with 5147 electors; South-east Lancashire, 364,282, with 13,522 electors; South-west Lancashire, 263,374, with 10,173 electors; North Lindsey, 96,456, with 6091 electors; South Lindsey, 97,301, with 6294 electors; West Middlesex, 288,028, with 6296 electors; East Middlesex, 79,396, with 8256 electors; South-west Staffordshire, 77,830, with 6509 electors; East Staffordshire, 182,432, with 4542 electors; East Surrey, 97,734, with 6565 electors; and Mid Surrey, 111,611, with 5211 electors: the population given in each case being that of the hundreds, &c., exclusive of the represented cities and boroughs.

The returns, relating to certain parliamentary boroughs and counties, which Mr. M'Laren, M. P., asked for a short time ago, have just been

counties to 175 601.

Another return, bearing on the question of representation and redistribution, now occupying the attention of Parliament, has been issued. It gives the following as the areas of the new divisions of the counties:-South-east Devon, 609-8 square miles; Torquay (proposed new borough), 14-7 square miles, is not included in this area. South-west Devon, 627-8 square miles; the borough of Totnes, 2 square miles, is included in this area. West Kent, 266-3 square miles. Mid Kent, 5017 square miles; Gravesend (proposed new borough), 79 square miles, is not included in this area. North Lancashire, 836-7 square miles; the borough of Lancaster, 4-7 square miles, is included in this area. North-east Lancashire, 247-1 square miles; Burnley (proposed new borough), 9.6 square miles, is not included in this area. South-east Lancashire, 3140 square miles; Staleybridge (part of proposed new borough) 0.9 square miles, is not included in this area. Southwest Lancashire, 379-8 square miles; St. Helen's (proposed new borough), 9.2 square miles, is not included in this area. North Lindsey, 785-4 square miles. South Lindsey, 729-0 square miles. West Middlesex, 167.3 square miles. East Middlesex, 83-7 square miles. South-west Staffordshire, 269-2 square miles. East Staffordshire, 101.9 square miles; Wednesbury (proposed new borough), 15-2 square miles, is not included in this area. East Surrey, 98-3 square miles; Croydon (proposed new borough), 16-9 square miles, is not included in this area. Mid Surrey, 157-3 square miles; the borough of Reigate, 9.5 square miles, is included in this area. The return moved for by Mr. Bright relative the proposed new parliamentary boroughs included in Schedule B. of the Representation of the People Bill has been issued. It supplies the following information respecting those boroughs: Torquay, area 14.7 square miles, distance between extreme limits of borough, 7.1 miles, population 1861, 22,950; Darlington, area 11 square miles, distance of extreme limits 4.8 miles, population 16,901; Hartlepool, area 11-2 square miles, distance of limits 5.3 miles, population 27,475; Gravesend, area 7.9 square miles, distance 5.3 miles, population 24,525; St. Helen's, area 9.2 square miles, distance 4-5 miles, population 41,345; Burnley, area 9-6 square miles, distance 5.0 miles, population 37,984; Staley bridge, area 7-4 square miles, distance 5.5 miles, population 56,931; Wednesbury, area 15-2 square miles, distance 5.9 miles, population 92,633; Croydon, area 16.9 square miles, distance 7.6 miles, population 35,255; Middlesborough, area 11-6 square miles, distance 5-5 miles, population 23,356; Dewsbury, area 91 square miles, distance 4-6 miles, population 38,559; Barnsley, area 20-0 square miles, distance 6-6 miles, population 30,849.

to

THE BIRMINGHAM DISTURBANCES.-CLAIMS FOR COMPENSATION.-At the Public Office, Birmingham, a large number of persons gave notice of applying for compensation for damage done to their houses and property by the recent riots, and were severally bound over in a surety of 401. to appear and prosecute the offenders if they were apprehended.

JOURNAL.

NOTES OF NEW DECISIONS.
WINDING-UP.

Mr. Thomas Ward, described as a respectable JOINT-STOCK COMPANIES' LAW farmer, of Staunton-on-Wye, Herefordshire, has been fined 201. for forging the name of a magistrate (the Rev. H. Blissett) to a cattle-removal order. Mr. Ward pleaded guilty, but said as he knew the magistrates were from home he thought it no harm. The Legislature of the State of New York have! recently set the English Parliament a good example by passing an Act for the preservation of the health of animals used for human food, of which the first section runs thus: "No railroad company in this State, in the carrying and transportation of cattle, 1 sheep, or swine, shail confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storms or other accidental causes, without unloading for rest, water, and feeding, for a period of at least ten consecutive hours. In esti mating such confinements, the time the animals have been confined without such rest on connecting roads from which they are received shall be computed, it being the intention to prevent their continuous confinement beyond twenty-eight Lours, except upon the contingencies herein stated."

THE PENIAN TRIALS.-The Irish Solicitor-General stated, when reviewing the proceedings of the Special Commissions at Dublin, Cork, and Limerick. at the close of the proceedings of the last-named. that in all 169 men have been placed in the dock for Fenian crimes of various kinds, from high treason to the illegal possession of arms. Of these seven have been acquitted, fifty-two convicted, and 110 pleaded guilty. It was true. Mr. Warren added, that little life had been lost. It was proved in Dublin that Stephens had given orders that outrage should not be committed lest martial law should be proclaimed. And desperate as that remedy was had it become necessary to resort to it when other means failed, the Government would not have hesitated to apply for those powers which had formally been granted under extraordinary circumstances. Twenty-five men were under sentence to penal servitude for life or for various terms. Of the jurors he must speak in terms of commendation. They, without false sentiment, had done their duty to their country and their oaths. He trusted the extract from Taylor on Evidence," so frequently, quoted during the trials-" that the police were not to be depended upon as witnesses between the Crown and the prisoners-would be expunged, as the conduct of the constabulary witnesses on the table Lad demonstrated the falseness of the slander. He wished further to point out that the trials had been distinguished by the number of the informers who had offered themselves and disclosed the Fenian secrets from day to day. The people were surrounded with informers. The question had been asked when all this was to end; he could not answer, but he could tell them that law and order would triumph

over anarchy.

A GAP IN THE METROPOLITAN POOR-LAW BILL A very serious defect has been discovered in the working of Mr. Hardy's Metropolitan Poor Act at the very first moment of its practical existence as a working measure. Perhaps the most important feature in the Bill as introduced into the House was the absolute power which it gave to the Poor Law Board of adding to the elective guardians nominees to the extent of one-third. That which the country demanded, and which Mr. Hardy, in his speech introducing the Bill, professed to provide, was a modification of the quality of guardian boards, and an element of direct responsibility to the central power in communication with the House of Commons through the Minister who is supposed to direct the administration of the poor law. Mr. Hardy professed great confidence in the value of the system of nominees, who could be bound to attend regularly, and would consider themselves trustees for the poor and honorary officers of the board. The Act as passed, however, differs essentially from the Bill, by the addition of words providing that the nominees and ex-officio guardians together shall never exceed onethird of the whole board. The result of this modification is to nullify the whole provision. The first of the new boards has just met, and has been regularly constituted under the Act. How many nominees does it contain? Not one. The resident justices of every district have always been ex-officio guardians, and as these gentlemen in St. Paueras number more than one-third of the guardians, no nominees can be added. Whether they attend the board or not, there is still the same inability. They never have attended with any regularity, and they are not in any such direct relation with the Poor Law Board as was specially contemplated by the provisions and for the purposes of this Act. In Marylebone, and of course also in St. George's and Paddington, the same result will follow. This very early reductio ad absurdum of a main provision of the Bill was perhaps hardly to be expected. The guardians are of course highly delighted at finding themselves at once masters of the new situation which Mr. Hardy has created for them. But it can hardly be supposed that the failure of the intention of the Legislature will pass unnoticed or unremedied. A short amendment Bill will be needed to correct this error. The words were pushed in at a late stage of the Bill, and it will be interesting to know who is responsible for them.-Pall Mall Gazette

TRANSFER OF SHARES.-Company B. agreed to take shares in company C., and they were i allotted to D, a nominee of the company, in trust to be afterwards transferred, and a deed of, transfer was prepared in blank so far as regarded the names of the transferees and the number of the shares. D., however, refused to execute it unless the name of the company as transferee was inserted, which was done. Then D. executed, and the numbers of the shares were inserted, after which the deed was duly registered; but before this was done a petition was presented for winding-up company C. Company B. was held to be liable as a contributory to company C.: (Re Barned's Banking Company, 16 L. T. Rep. N. S. 514. M. R.)

GENERAL.

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LAW STUDENTS' JOURNAL.

QUESTIONS FOR THE FINAL
EXAMINATION.

TRINITY TERM 1867.-SECOND DAY. 36-40. Preliminary.

V. EQUITY AND PRACTICE OF THE COURTS.

41. What are equitable assets as distinguished from legal? State generally the difference between them.

an infant or feme corert? If no, state the reason.
42. Can a contract be enforced in equity against

43. If the terms of a contract are not definite and

certain, will equity enforce a specific performance and if not, the reason?

have been equally innocent and diligent, what will 44. When two persons having an equal equity, the Court of Chancery do for the plaintiff in a suit for

relief?

lication of private letters in the possession of the 45. Will the court restrain by injunction the pubyerson to whom they were addressed, and sent against the consent of the writer, and in whom is the property in such letters?

46. If a testator makes a specific bequest to A., and directs that in consideration thereof, A. shall pay his legatee, who proves the will. Is A. bound to pay the debts, and appoints A. his executor and residuary testator's debts although they far exceed the aniount of the property bequeathed to him? State the grounds of your opinion.

48. What is meant by the word " Election"? State a case where it arises.

the rule.

30. And between what relations does the rule

LIABILITY OF DIRECTORS-GUARANTEE.-The directors of a company gave to the banker of the company a guarantee worded thus: "We hereby severally acknowledge ourselves responsible to the bank for the sum of," &c. The money thus guaranteed was given by the directors as compensation to certain directors of another bank, which had been amalgamated with theirs, 47. Is the assignee of a chose in action bound by for not being appointed members of the amal-all the equities to which it was liable in the hands gamated board, and it was the intention of all of the assignor, and why? the parties that each guarantor should be liable only for his share of the whole sum. B. and two others paid their shares, and the secretaryicos, upon whom, if the giit be afterwards challenged 49. In the case of voluntary gift by deed, inter struck their names from the document. On an by the donor, will the burden of proof fall, and action against the other directors for the balance, what must be shown to set the deed aside? State it was held that the alteration thus made had destroyed the validity of the guarantee: (Bank of Hindustan v. Smith, 16 L. T. Rep. N. S. 518. C. P.) | apply, and against whom principally does the Court LANDS CLAUSES ACT.-R. was lessee of a public-perty? RAILWAY-OBSTRUCTING A PUBLIC-HOUSE- of Chancery seek to protect the owner of the prohouse situated in a street, the approaches to which were temporarily and partially obstructed by a railway then in course of construction. The obstruction continued for twenty months, and caused a loss of custom to R.'s house, but did not affect the structure itself of the house and premises: Held (affirming the judgment of the Ex. Ch.), that (1) no action would lie at because it was not an injury to any one indivicommon law for such temporary obstruction, dual more than to the rest of the public; (2) that R. had no right to compensation under the Lands Clauses Act, s. 68: (Ricket v. Metropolitan Railway Company, 16 L. T. Rep. N. S. 542. H. of L.)

CHANCERY CHAMBERS.
Thursday, June 27.
(Proceedings before the CHIEF CLERKS.)

The New Bill on "Chancery Reforms."
To-day the Chief Clerks were busily engaged in
Chancery suits and winding-up matters, and are
likely to continue until the long vacation, which is
fast approaching. In the new Bill before the House
of Lords, some arrangement should be made as to
"vacation business." For nearly three months one
Chief Clerk has all the cases, and the rule of taking
only vacation matters is generally enforced. Per-
haps two clerks could sit, and other matters per-
mitted to be to be taken, in order to facilitate the
cases during the long vacation.

Public Companies.

51. In the ordinary administration of an estate in

Chancery, in what class are voluntary deeds of gifts or bonds payable, before or after legacies or pari ass with them? Give the reasons for your

answer.

32. Can a solicitor's bill be taxed after payment, and if yea, within what time, and under what circumstances?

53. Has the Court of Chancery jurisdiction to award damages, and if yea, in what cases?

directed any person to pay money or to deliver any property to another, how is the order to be enforced? of law apply to equity? State any one or more 55. Ignorantia legis non excusat-does this maxim instances of cases that occur to you.

54. When the court has by decree or order

VI. BANKRUPTCY AND PRACTICE OF THE COURTS.

56. What are the requisites to constitute the petitioning creditor's debt, amongst others, the amount of the debt, if the petitioning creditors be one or many, whether it is necessary that it should be actually due, or whether it must be a legal or an equitable debt?

57. Describe some of the acts of bankruptcy most frequently occurring in practice, distinguishing those which may be committed by traders and those by non-traders.

58. Can an adjudication of bankruptcy be obtained against a trader having privilege of Parliament, and if so, how?

59. Give some account of the judgment-debtor summons, and the proceedings thereupon. B.A. 1861. Sect. 76 et seq.

60. Can an adjudication of bankruptcy be obtained against a non-trader living out of the jurisdiction? 61. Can separate creditors prove under the joint estate of partners, and if so, for what purposes? 62. Can a proof be made against a bankrupt's estate for unliquidated damages in any, and what cases?

The Strand Music Hall, Barned's Banking Company, and other well-known companies, were discussed before the Chief Clerks, and directions given. In Barned's Bank there is an appeal to the Lords Justices, and therefore it will be some twelve months longer in abeyance. There is an arrear of appeals before the Lords Justices. There is no appeal at 63. Can a proof be made against a bankrupt's present in Barned's Bank before the House of Lords.estate in respect of any contract or promise to pay premiums upon any policy of insurance, and if so, how is the amount of such proof to be ascertained?

BARNED'S BANKING COMPANY.-At the Rolls Chambers on Wednesday, an application was made to Mr. Church, the chief clerk, to adjourn the call meeting for another week, after which applications would be made for balance orders against the nonpaying contributories. The chief clerk said he understood that the call was being pretty well paid up. Mr. Lording answered affirmatively. Notice had been given that it would be enforced, and payments were better made. The chief clerk suggested that when balance orders were applied for one would include a number of contributories. Mr. Lording said the practice would then be different, and it would be more satisfactory. The chief clerk had ascertained that the course mentioned would in future be acted upon. Each party would be served with notice, and on default an attachment could be issued. The proposed arrangement in winding-up cases will, it is understood, be acted upon.

64. Give some account of the doctrine of order and disposition. B. L. C. A. 1849, s. 125. 65. What steps must an equitable mortgagee of a bankrupt's real or personal property take to realise his security?

66. State the principal objections to the bankrupt's order of discharge.

67. Name some of the offences in respect whereof the bankrupt may be indicted for a misdemeanor. 68. State the several modes in which an estate may be taken out of bankruptcy. B. A. 1861.

69. Give some account of trust-deeds for benefit of creditors, partnership and inspectorship deeds, and state the requisites in order to render them valid.

70. How can the validity of an arrangement between a debtor and his creditors be contested by a dissenting creditor?

VII. CRIMINAL LAW AND PROCEEDINGS BEFORE

MAGISTRATES.

71. At what time and in what manner must formal objections to indictments be taken, and what power has the court in respect of such objections?

72. If a variance be found to exist between the indictment and the evidence adduced in support of it, may the court in any, and what, cases alter the indictment so as to make it correspond with the evidence?

73. In indictments for murder or manslaughter, is it necessary, or not, that the means by which the crime was committed should be stated?

74. In an indictment for obtaining goods under false pretences, what would be the effect of a variance between the false pretence alleged and that proved?

75. Can more than one felony be charged by one indictment, and is there in this respect any, and what, difference between an indictment for felony, and an indictment for misdemeanor?

76. If a gang of armed poachers at night, in pursuit of game murder one keeper, try to murder a second, and severely injure a third, what would be the course of proceeding in order to insure a conviction on these several charges?

77. If on cross-examination a question relevant to the matter at issue, but degrading to a witness, be put and answered, is the party putting the question at liberty to contradict the answer, or what remedy has he if the answer be false?

78. In criminal proceedings is it allowed to either side to discredit their own witnesses, and is there in this respect any, and what, difference between criminal and civil cases?

79. State under what circumstances the confessions of a prisoner are admissible in evidence against him, and under what circumstances such confessions are inadmissible.

80. If collateral information be obtained in consequence of an inadmissible confession, can such information be used? And if it can be, give an example of the mode in which it may be used. 81. On a criminal prosecution for libel, what, under Lord Campbell's Act, is it competent to a defendant to plead?

82. May a jury convict on the unsupported evidence of an accomplice, and what is the duty of a judge

with reference to such evidence?

83. Under what age is a child held to be incompetent to commit a crime, and does the competency of a child to give evidence depend on age, or what

other test?

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FINAL EXAMINATION.

At the examination of Candidates for Admission the Roll of Attorneys and Solicitors of the

Superior Courts, the Examiners recommended the following gentlemen, under the age of 26, as being entitled to honorary distinction:

1. Ralph Hutchinson Young, who served his clerkship to Messrs Turnbull and Bell, of Hartlepool: and Messrs. Shum and Crossman, of London.

2. Charles Mylne Barker, who served his clerkship to Messrs. Barker, Bowker, and Peake, of London. Walter Gardiner, who served his clerkship to Messrs. Stevens and Satchell, of London; and Mr. Alfred Charles Cronin, of London. Albert Lewis, who served his clerkship to Messrs. Charles C. Lewis and Son, of Brentwood; and Mr. John Turner, of London.

The Council of the Incorporated Law Society have accordingly awarded the following Prizes of Books:

To Mr. Young, the Prize of the Honourable Society of Clifford's Inn.

To Mr. Barker, the Prize of the Honourable Society of New Inn.

To Mr. Gardiner and Mr. Lewis, Prizes of the Incorporated Law Society.

The examiners also certified that the following candidates, under the age of twenty-six, whose nams are placed in alphabetical order, passed examinations which entitled them to commendation:

William Archer, who served his clerkship to Mr. William Henry Swepstone, of London.

Ellery Arthur Bennett, who served his clerkship to Messrs. Whiteford and Bennett, of Plymouth. John Copland, who served his clerkship to Mr. George Matthews Arnold, of Gravesend; and Mr. Thomas Sismey, of London.

Francis Nathan Drake, who served his clerkship to Messrs. Harris and Morton, of Halstead. Charles Godfrey Esam, who served his clerkship to Messrs. Parker, of Sheffield.

Jasper Gibson, who served his clerkship to Mr. William Gibson, of London.

William Harper, who served his clerkship to Mr.

Edward Saxton, of London; and Messrs. Chester and Urquhart, of London.

Robert Hunter, M.A., who served his clerkship to Messrs. Eyre and Lawson, of London.

Hugh Stirling, M.A., who served his clerkship to Messrs. W. Murray, Son, and Hutchins, of London. Charles Henry Turner, who served his clerkship to Mr John Turner, of London.

The Council have accordingly awarded them Certificates of Merit.

The number of Candidates examined in this term was one hundred and thirty; of these, one hundred and eighteen passed, and twelve were postponed. By order of the Council, E. W. WILLIAMSON, Secretary. Law Society's Hall, Chancery Lane, London.

COUNTY COURTS.
NORWICH COUNTY COURT.
Wednesday, June 25.

(Before HENRY PERKINS, Esq., Deputy Judge.) Necessary to call attesting witness of a deed of assignment and composition registered under sect. 192 of

B. 1. 1861.

John Hutton, of Norwich, wholesale tea dealer, sued James Price, a shopkeeper, of Sculthorpe, Norfolk, for 147. 9s. 6d.

ECCLESIASTICAL LAW.

NOTES OF NEW DECISIONS. INTRAMURAL INTERMENTS FACULTY.-The Consistory Court is competent to grant a faculty for the appropriation of a vault under the chancel of a church, though the vault be originally constructed without a faculty and no previous right of burial has existed, and will exercise its discretion to do so where the applicant is owner of the chancel and the great tithes, and where the vault is arched and entered only from the outside. Semble, there is no valid objection to the reading of any part of the service in the Book of Common Prayer on unconsecrated ground, and the solemnisation of a burial is not of necessity open to all the parishioners: (Kingsmill v. Rugg, 16 L. T. Rep. N. S. 540. Consist. Ct.)

CONSECRATION OF CHURCHYARDS.-The Bishop of Oxford's Bill has been printed. It proposes to provide that where adjoining ground is added to an existing churchyard, the bishop may, "at the churchyard or in the church," sign an instrument declaring or recording the consecration of such ground, without the presence of the chancellor or Linay (managing clerk to Sadd, Norwich) appeared registrar of the diocess; and this instrument, atfor the plaintiff; Chittock, solicitor, for the defendant. tested by the chancellor or a surrogate, and deposited The debt was admitted; and a deed of assign-in the registry of the diocess, shall have the same ment and composition, dated 17th June last, and effect as a sentence of consecration. There is to be registered on the 21st of the same month, under the a fee of 5s. to the registrar, on deposit of the instrument of consecration, but no fee to any officer of 192nd section of the B. A. 1861, pleaded in bar to the action. The composition was payable by instal- the bishop or of the diocess for attendance at such ments of 3s. on the 21st July next, and 28. in September. The deed, duly registered, and the certificate were put in evidence.

Linay then called his Honour's attention to one of the requirements of the 192nd section of the B. A. 1861, No. 3, "The execution of such deed or instrument by the debtor shall be attested by an attorney or solicitor," and, therefore, he submitted that it would be necessary under sect. 26 of the C. L. P. A.

1854, to call the attesting witness. He said, although he could not find that the objection had been taken

before, still it deserved consideration.

Chittock replied that it was not necessary to call the attesting witness, and who, in this case, resided at a distance, and was not in court.

His HONOUR thought that the deed and the memorandum of its due registration with the certificate was sufficient.

Linay, therefore, elected to be nonsuited.

EIGHT YEARS OF THE COUNTY COURTS.-In the last eight years, 1859-66, 6,441,181 plaints have been entered in the County Courts of Eugland, showing an average of 805,147 a-year. 3,470,369 causes have been determined or judgments given-a fair amount of work for even sixty judges to look back upon; the average is 433,796 a-year. 207,868 warrants of commitment have been issued; 25,983 a-year. 63,030 debtors have been imprisoned; 7878 a-year upon an average. 1,003,066 executions have been issued against goods, 125,383 a-year; and 32,753 sales have been made, 4094 a-year. In the year

The

1866 the numbers under all these heads were above the average, except those two which express the actual execution of the final process of the law; the number of debtors imprisoned being only 7601 and the number of sales of goods only 3828. number of debtors imprisoned has declined considerably since a change was made in 1864, by stating clearly upon the warrant that the debtor! could obtain his discharge on paying the instalments actually due; it had been commonly supposed that he must pay all the instalments before being discharged. In 1863 the number of persons imprisoned was one to every 93 sued; in 1866 only one to every 115 sued.

AGREEMENTS BETWEEN MASTERS AND WORKMEN. -A decision given in the County Court on Thursday shows the desirability, at all events in the building-trade, of definite agreements between masters and men. A carpenter and joiner who had been at work for a builder in the town sued the latter for a quarter of a day's wages, on the ground that whilst by rule the claimant was entitled to a quarter of a day's notice of dismissal, the defendant had discharged him without any notice. The rule alluded to was one made by the trade society to which the workman belonged, and it was argued that in paying the price per hour fixed on by the society, the defendant had practically agreed to the rules collectively-although he had expressly repudiated thern. This extraordinary doctrine was not, however, adopted by the court. The judge, having clearly ascertained that the man had been paid by the hour, that he had been paid for all the work he had done, and that no agreement or contract had been made, gave judgment for the defendant, with costs. Even the solicitor for the plaintiff could not help admitting that the proceeding was an attempt on the part of the trade society to "make" lawswhich, as his learned friend on the other side suggested, had better be left to Parliament at least "for the present."— Birmingham Gazette.

consecration.

CORRESPONDENCE OF THE

PROFESSION.

JAMAICA.-I have sent you two of our local papers containing a full report of the State trials which have caused so much excitement in this colony during the last eight months. The trial has resulted in an acquital of the prisoners, and has Woodhouse is, perhaps, as unpopular a governor as done much to weaken the Government. Sir Philip ever ruled in this colony. The cry through the length and breadth of the colony is "Give us Eyre." A CONSTANT READER.

RATING THE SEASHORE.-Your correspondent, James Stockdale, will find that the question he has raised with regard to rating on the seashore is laws, which is now before the House of Commons. dealt with in the Bill for the amendment of the poor The 10th clause provides that every accretion of land from the sea, and the parts of the seashore to the low water mark, not included in any parish, shall from the 29th Sept. next, for all civil parochial purposes be annexed to and incorporated with the next adjoining parish, &c.

D. P. F.

TOUTERS.-A client of mine had a County Court judgment against him after a disputed trial for a sum over 10. A friend borrowed money on a bill of sale. Both these matters were published with the parties' addresses in several trade protection circulars, and each of them received a letter, evidently a circular, from a solicitor not one hundred miles from Lincoln's-inn. I enclose you a true copy. to hand the letters to their own solicitor. Can such things be? My clients were frank enough J. P. Cheapside, June 24.

[Corr.]

Lincoln's-inn, London, May 1867. Dear Sir,-Permit me to invite your attention to the following:

It may not be generally known that under an Act of Parliament now in force, persons in pecuniary difficulties may obtain immediate protection of person and property, and an entire discharge from all debts and liabilities, without publicity.

I have given my special attention to cases of this kind, and have been the means of extricating many hundreds from their embarrasments since this Act has been in operation.

My charges are very moderate, and every accommodation given as regards mode of payment. happy to furnish same, either by letter or at a personal interview at my office as above.-I am, dear Sir, yours obediently,

Should further information be desired, I shall be most

[Office hours from 10 until 5 o'clock.]

LEGAL EDUCATION.-Out of the several differe courses of reading adopted by articled clerks, it would apparently be well to discover the best and most calculated to bring about the ends for which all law students apply themselves to study. In endeavouring to determine such a course, it appears to me that the following qualifications should be sought for-namely, first, it should be concise. yet with comprehensiveness, for much time may be lost by the student in wading through pages of extraneous matter of little or no use to him when compared with the many important subjects of which knowledge must be gained; secondly, it should be somewhat elementary, for, while reading

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