Stafford, July 24.-The commissions were opened here yesterday by Mr. Justice Mellor. The cause list contains forty-six entries; sixteen causes are marked for special juries. The names of sixty-nine prisoners are recorded in the calendar, of whom one is charged with murder, five with manslaughter, one with attempt at rape, and the rest with various offences of an ordinary character.

NORTHERN CIRCUIT.

Newcastle, July 19.-The two criminal calendars contain together seventeen cases. There is a charge

of child murder in the town calendar. The cause

list contains an entry of eleven causes for the county and of four causes for the town. A number of the county causes, however, have arisen out of a railway accident on the Blythe and Tyne Railway, and the parties appear to have agreed to abide by the result of one verdict, as to the liability of the company. As a whole the business is very light.

Nottingham, July 24.-The cause list contains eleven causes, seven of which are special jury cases. The calendar of prisoners in the county gaol contains eight cases, that in the town contains four. They are all of an ordinary character, and scarcely furnish matter of sufficient interest for a report. The trials of the county prisoners have already been disposed of.

Considerable interest has been excited in Bengal by the death of the Hon. Sumlonath Pundit, the only native yet found worthy of a seat on the bench of an Indian High Court. The deceased judge was of Cashmere origin; his family never intermarried with Bengalees, and he kept aloof from all Bengalee usages. He began life on 24. a-year as a clerk, and

then went to the native bar.

MR. PURCELL AND CHIEF JUSTICE COCKBURN.— Until the bill for establishing district courts in Jamaica comes into operation, the gentlemen who recently went out to Jamaica as district judges are acting as stipendiary magistrates in some of the island parishes. At the Mandeville petty sessions, May 11, a charge was preferred on behalf of the Government against two officials in Manchester for extorting more than the just fees from negro proprietors on informations for the recovery of land-tax. Mr. Purcell, one of the new stipendiaries, presided, the custos of the parish and other magistrates sitting with him on the bench. Mr. Foster Davis appeared as the solicitor representing one of the defendants, and during the proceedings supported his argument by reference to Sir Alexander Cockburn's late charge in General Nelson's case. Thereupon, according to the report in the Colonial Standard-"Mr. Stipendiary Purcell said: I do not care about any opinion of Sir Alexander Cockburn. His opinions are worth nothing, He never was a lawyer. Every lawyer in London knows that. He was indebted for his appointment to the circumstance, as is well known, of having done some service to Lord Palmerston in the Greek question.

He never

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.
POOR RATE TITHE COMMUTATION RENT
CHARGE.-The Court of Queen's Bench has
determined that the owner of a tithe commutation
rent charge in assessment to the poor-rate is
not entitled to any deduction in respect of the
salary paid by him to the curate, although the
appointment of such curate be necessary and
unavoidable: (Reg. v. The Inhabitants of Sher-
wood, 16 L. T. Rep. N. S. 663.)

POOR RATE-LANDS CLAUSES ACT, s. 133.-
By this section promoters are liable to make
good the deficiency in the assessments for poor-
rate by reason of land having been taken and used
for the purposes of the works until the works
are completed. It has been held that the pro-
moters are not by this section to be rated as
occupiers, rendering them liable for other rates
and taxes which follow the poor-rate: (The Cor-
poration of London v. the Churchwardens, &c., of
St. Andrew's, Holborn, 16 L. T. Rep. N. S. 665.
C. P.)

APPEAL-POOR-RATE.-An appellant against a warrant of distress to levy a poor-rate cannot avail himself of any objection which he might have urged against the rate itself on appeal to the sessions, under sect. 4 of 17 Geo. 2, c. 38, s. 7: (Reg. v. The Justices of Kent, 16 L. T. Rep. N. S. 672. Blackburn, Lush, JJ.)

FRENCH LAW.-The Bill abolishing imprisonment for debt passed the Senate by a narrow majority, 46 members having voted for the motion to send it back to the Corps Législatif, and 53 against it Government majority, 7. There was another division on the motion that this Bill be promulgated; it was carried by 64 votes against 4.

THE CATTLE PLAGUE-A supplement to the London Gazette of last week, contains an Order in Council, dated the 19th July, declaring that any local authority may appoint any person other than a justice of the peace to sign and issue store-stock licences, in the form specified in the order dated the 8th Aug. 1866, but declaring that it shall not be lawful, under the authority of this Order, to move any cattle out of the district of the local authority in which they shall be at the time when the licence is granted, except into a district of a local authority adjoining, and no such movement shall be lawful except with the consent of the adjoining local authority, to be signified by endorsement in writing by some person appointed by the local authority for this purpose.

SUDDEN DEATH OF SIR CHARLES MONCK.-Sir

was a descendant of the Middletons of Northumber

Charles Monck, of Belsay Castle, the oldest of the
Northumberland county magistrates, he having
reached eighty-eight years of age, died suddenly at
his seat in Northumberland on Saturday morning.
The venerable baronet was considered in better
health on Friday; but on Saturday morning at two
o'clock he rang his bell and called up his butler,
stating that he was dying, and before any medical
gentleman could be brought to the Castle he expired.
Sir Charles was twice elected a knight to represent
the county of Northumberland in Parliament in
1812 and 1819. He was a liberal in politics, and was
pendence of the Greeks at that time. Sir Charles
a warm and enthusiastic champion of the inde-
land, who, since the reign of Edward II., made
Belsay their residence. Sir Charles was a great
stud of horses. He was well known and respected
lover of field sports, and maintained a numerous
on the turf as an old-fashioned sportsman, and ran
a number of celebrated horses in his time. He is
succeeded in his estates and title by his grandson,
Mr. Arthur Edward Monck.

JUSTICES OF THE PEACE-Col. Wilson-Patten has

should have been put upon the bench. Mr. Davis:
I am afraid we cannot afford to repudiate the
opinions of the Lord Chief Justice of England, and
1 may be pardoned if I remark that it seems to me
to comport ill with the dignity of the Bench for any
person in a judicial capacity to express himself from
the bench and in public as your worship has just
done. Mr. Purcell: So far to the contrary, I have laid before the House of Commons a Bill that should
much pleasure in repeating the observations I be a model, says the Times, for its brevity and plain-
It runs as follows:-In order that justices of
have used. You had better proceed." Earl Russell ness.
has given notice that he would ask the Colonial the peace may act in the execution of Acts in some
Secretary whether his attention has been called to cases in which they now are incapable of so acting,
these remarks of the judge expectant, who is, we be it enacted by, &c.-A justice of the peace shall
believe a member of the Irish Bar. Perhaps we not be incapable of acting in all respects as a justice
should add that the charges broke down, and that in the execution of an Act to be put in execution by
Mr. Purcell ordered one of the witnesses to be pro-
a municipal corporation, or a local board of health,
secuted. "I take (he said) this opportunity of stating or improvement commissioners, or trustees, or any
here that I have been disgusted with the perjury other local authority, by reason only of (a) his
that I have witnessed since I have been sitting in being a member of the focal authority for putting
these petty sessions. I came out to this island as a the Act in execution; (b) his being as one of several
judge, and had no idea I would have been required ratepayers, or as one of any other class of person
to sit in petty sessions. I hope to be shortly relieved liable in common with the others to contribute to or
from the unpleasant duty, and I have written to the to be benefited by any fund which is in whole or in
Governor that effect." If the report we have quoted part raiseable or applicable under the Act."
from is accurate, the Governor will probably not FRENCH HIGHWAY LAW.-We read in the Echo
hesitate to comply with
request.de la Marne that a farmer has been condemned to a
Pall-Mall Gazette.
fine of 5f. for having made some indispensable

repairs in a road by which he sent his corn and hay to market. The judgment is based on the law of 1791, which declares that, as the roads are the property of the commune, the administration can alone prescribe and execute work of any kind; it is also founded on a decision of the Court of Cassation of Dec. 16, 1853, according to which "repairs made by a private person without authority in a rural road are not less a contravention, although they may have been made with the view of improving the public highway." It follows from this that landowners or farmers who wish to make a section of road practicable, even at their own expense, are obliged to ask for the permission of the Mayor of

the commune.

REAL PROPERTY LAWYER AND

CONVEYANCER.

NOTES OF NEW DECISIONS. LOCKE KING'S ACT-ESTATE IN SCOTLANDELECTION.-A domiciled Englishman, by a testamentary disposition in the Scotch form, gave certain real estate in Scotland, and by a subsequent will in the English form, after referring to the Scotch disposition, and declaring that the trusts of his present will should not affect the Scotch estate, nor should put to his election any person who should claim both under the trust disposition and the will, gave the residue of his estate upon trust for sale and payment of debts and legacies. By the trust disposition the testator's widow was to have the rents of the Scotch estate and thereout to maintain the children; and by the will certain benefits were given to the children, and there was also a trust for maintenance. Subsequently to the date of the will the testator executed a heritable bond, charging the Scotch estate with the money thus raised. He also subsequently purchased another estate in Scotland, of which he made no disposi tion: Held, that the testator's domicile being English, the law of England governed the construction of the will, even when it affected the Scotch estate, and that a contrary intention (under Locke King's Act) having been disclosed, the heritable bond must be paid out of the residuary estate: Held, also, that the heir at law was not put to his election as to the Scotch estate purchased subsequently to the date of the will; and that the trust for maintenance in the will was in addition to that made by the trust disposition: (Maxwell v. Hyslop, 16 L. T. Rep. N. S. 660. V.C. Malins.)

LANDLORD AND TENANT-LEASE-RESERVATION OF THE FREE RUNNING OF WATER AND SOIL.-A reservation in a lease of the free running of water and soil from any other buildings and lands contiguous to the demised premises, in and through the sewers and watercourses within, through, or under the said demised premises," applies only to water naturally falling or arising on or naturally falling or arising elsewhere and coming to the contiguous lands, and to such matters as are the product of the ordinary use of the land for habitation, such as night-soil and sewage, and does not give a right to discharge through such tiguous land, erected and worked subsequently sewers the refuse matter from tanpits on conto the date of the lease: (Chadwick and another v. Marsden, 16 L. T. Rep. N. S. 666. Ex.)

AGREEMENT FOR LEASE OF FISHERY-RES CINDED FOR MISTAKE-MAXIM OF IGNORANTIA JURIS.-E. the owner of a fishery called the B. three years from P., who was a trustee for other fishery took by mistake a lease of the same for parties. The settlement under which E. claimed had conveyed the lands of B., and all other estates of inheritance and hereditaments of which J. was then seised; and J. had previously obtained a conveyance of and was seised in "the lands of B. and the salmon fisheries in the rivers." J. had applied for an Act of Parliament to improve certain parts of the river, and as he died while the Bill was being passed, the name of H. his heir-at-law, as the owner, was inserted in the Bill which recited in effect that H. was a trustee, though H. represented himself to be owner in fee, and hence the mistake: Held, that the fishery passed under the words "estate of inheri tance:" Held, further, that E. was entitled to have the lease rescinded on the ground of mistake, subject to a lien in favour of H., for The maxim expenditure on improvements. "Ignorantia juris haud excusat" extends only to general law, but not to private rights of ownership, which are matters of fact. Per L. Westbury: (Cooper v. Phibbs, 16 L. T. Rep. N. S. 678. H. of L.)

LAW STUDENTS' JOURNAL. ANSWERS TO THE EXAMINATION QUESTIONS. (a)

TRINITY TERM, 1867.-SECOND DAY.

VI. BANKRUPTCY AND PRACTICE OF THE COURTS.

56. Petitioning creditor's debts.-The debt must have been subsisting during the time the party was a trader. It must amount to 50%. or upwards where there is one petitioning creditor; 70l, or upwards where there are two (not partners), and 100%. or upwards where there are three (not partners). The debt must be a legal and not an equitable debt: (Doria and Mac. Bank: Law Examination Reporter, p. 50, No. 7.)

65. Equitable mortgage.-He must apply to the Court of Bankruptcy to do this by praying a sale: (Doria & Mac. Bank. 627; Law Examination Reporter, p. 52, No. 7.)

66. Objections to order of discharge.-If the bankrupt traded by means of fictitious capital, or contracted debts without reasonable expectation of being able to pay them; or, if a trader has, with intent to conceal his affairs, omitted to keep proper books; or whether a trader or not, has caused his insolvency by hazardous speculation or extravagant living; or has set up frivolous defences to actions, the court may refuse, suspend, or grant the order of discharge subject to conditions, or may sentence the bankrupt to imprisonment for one year: (see 24 & 25 Vict. c 134, s. 159; Doria & Mac. Bank. 677; Law Examination Reporter, p. 52, No. 7.)

dict him by other evidence, or prove that he has made statements inconsistent with his testimony, but the witness must first be asked if he has not made statements to the contrary: (28 Vict. c. 18, s. 3.) There is no difference now between civil and criminal cases in this respect: (Law Examination Reporter, p. 54, No. 7.)

79. Confessions.-The confessions are not admissible unless made voluntarily, and without any inducement offered to him by a person in authority: (Roscoe's Cr. Ev. 39, 6th edit.; Law Examination Reporter, p. 54, No. 7.)

80. Confession-Evidence.-Although the confessions cannot be received if not made voluntarily, yet any discovery that takes place in consequence is receivable; as when a man by promise of favour confessed to have knowingly received stolen goods, and they were found where he stated them to be: (Ros. Cr. Ev. 195, 6th edit.; Law Examination Reporter, p. 54, No. 7.)

1

57. Acts of Bankruptcy.-All persons are now liable to be made bankrupt, provided they commit 67. Misdemeanors.-If the bankrupt does not duly an act of bankruptcy within twelve months before surrender, or if he does not deliver up all his propetition filed. Before a trader can be made bank-perty, books, and writings. If, after or within sixty 81. Libel-Evidence. A justification; which he rupt you must prove the trading, the act of bank-days prior to his adjudication, he conceals or emruptcy, and a sufficient petitioning creditor's debt. bezzles property to the value of 10. If a false debt could not do before this Act: (Roscoe's Cr. Ev. 629, The following are acts of bankruptcy by both: Trader: having been proved, he does not, within a month, 6th edit.; Law Examination Reporter, p. 54, No. 7.) (1) departing the realm of, remaining abroad; (2) 25 Vict. c. 134, s. 221; Doria & Mac. Bank. Pract. but they should not do so; and the judge charges disclose the fact to his assignees: (see further 24 & 82. Evidence of accomplice.-A jury may convict, suffering himself to be arrested for a debt not due; 758, &c.; Law Examination Reporter, No. 5, p. 18; them to that effect; (See Pow. Ev. 24; Law Exami(3) or outlawed; (4) making a fraudulent grant or No. 7, p. 52.) gift of his real or personal property; or (5) not paynation Reporter, p. 14. No. 1, p. 54, No. 7.) 68. Arrangement. A majority in value of the 83. Infant Competency. ing or compounding any debt upon which a trader- creditors present at any meeting may resolve that age an infant cannot be guilty of felony; but at Under seven years of debtor summons has issued; (6) or any judgment debt of 50%. (exclusive of costs) upon which a judg- ruptcy, and the meeting is to be adjourned for four-though an infant is prima facie doli incapax, yet if it no further proceedings shall be taken in the bank-eight he may. And above seven and under fourteen, ment-debtor summons has issued; or (7) filing or having filed against him a petition in the Court of teen days, and notice given to all the creditors by appear he could discern between right and wrong he Bankruptcy or County Court here, or in the Insol-fourths in value of the creditors present so resolve, 109, 5th edit.). and of course give evidence: (Law the assignee. If at the adjourned meeting three- may be convicted and suffer death (4 Steph. Com. vent or Bankruptcy Court in any of the colonies or dependencies of the Crown. Nor-trader: The Acts pended, and the estate administered as such majority then the proceedings in bankruptcy are to be sus- Examination Reporter, p. 54, No. 7.) 84. Married woman.-In theft, or burglary, or other numbered 1, 4, 6, and 7, also apply to non-traders: directs (Act of 1861, s. 110). And at the first or offences against the laws of society, if the wife (Doria and Mac. Bank. "Acts of Bankruptcy.") other meeting of creditors called for the purpose by commit the offence and the husband be present, it is 58. Peer or M. P. becoming bankrupt.-A peer or member of the House of Commons may be made number and value of the creditors present or repre- husband, and she is not guilty of any crime. But in ten days' notice in the Gazette, three-fourths in presumed to be done under the coercion of the bankrupt, but such persons are not subject to be sented, may resolve that the estate be wound-up treason, murder, and manslaughter, it is otherwise: arrested or imprisoned during the time of such under a deed of arrangement, &c. The registrar (4 Steph. Com. 116, 117, 5th edit.; Law Examination privilege, except in cases made felonies or misde- reports this to the court within four days, and the Reporter, p. 55, No. 7.), meanors by the Act. The creditor must file an court may make orders as to the management of the affidavit in any court of record at Westminster that estate, and annul the bankruptcy, &c.: (Act of such debt is justly due to him, and that such debtor 1860, ss. 185, 187; Law Examination Reporter, is a trader, and sue out a writ of summons in the p. 15. No. 5; p. 52, No. 7.) form contained in the schedule to the Act against such trader, and serve him with a copy. If such trader shall not, within one month after personal service, pay, secure, or compound for such debt to the satisfaction of such creditor, or enter into a bond in such sum, and with two sufficient sureties as a judge shall approve of, to pay such sum as shall be recovered in such action, together with costs, and within one month next after personal service of such summons appear to such action, then every such trader shall be deemed to have committed an act of bankruptcy from the time of the service of such summons: (see 12 & 13 Vict. c. 106, ss. 67, 77; Wise's B. L. 61, 75, 2nd edit.; Law Examination Reporter, p. 50, No. 7.)

59. Judgment debtor summons.—After allowing the served; or if it cannot be served, advertised in the proper time to elapse a summons is issued and Gazette. If the debtor does not thereupon appear or pay the debt and costs, or secure the same to the creditor's satisfaction, the court may adjudge him bankrupt: (24 & 25 Vict. c. 34, ss. 76, 79, 81, 83; Doria and Mac. Bank. 160, &c.; Law Examination Reporter, p. 51, No. 7.)

60. Trader abroad.-Yes, if he has committed an act of bankruptcy. A copy of the petition duly indorsed must be served personally on the debtor, or reasonable efforts made to effect service, and bring it to his knowledge: (see Act 1861, ss. 70, 78.)

61. Separate and joint estate. They may prove, but they are not entitled to be paid until after the joint creditors are satisfied: (Ex parte Gill, re Allen, 9 L. T. Rep. N. S. 308.)

62. Proof for damages. Yes, for unliquidated damages arising on contract (Act 1860), but not those arising out of tort: (Law Examination Reporter, p. 51, No. 7.)

63. Proof on policy.—Yes; the person entitled to the benefit of the contract or promise may apply to the court to set a value on his interest under the contract or promise, which will be done and proof allowed: (Doria & Mac. Bank. 843; Law Examination Reporter, p. 51, No. 7.)

64. Order and disposition.-The 12 & 13 Vict. c. 106 enacts that if any bankrupt, at the time of his bankruptcy, shall by the assent and permission of the true owner thereof have in his possession, order, or disposition any goods or chattels whereof he was reputed owner, or whereof he had taken upon him the sale, alteration, or disposition as owner, the disposed of for the benefit of the creditors under the court has power to order the same to be sold and bankruptcy. But it is provided that this section is

not to affect in any way the provisions in an Act,

intituled "An Act for the registering of British vessels," or any of the Acts therein mentioned: (see sect. 125; Law Examination Reporter, p. 45, No. 3; p. 61, No. 5, and p. 34.)

(a) By Richard Hallilay, Esq., author of "A Digest of

the Examination Questions and Answers," &c. (b) The questions are given ante p. 126.

69. Trust-deeds.-1. A majority in number representing three-fourths in value of the creditors of 107. and upwards must assent to the deed. 2. The deed must be executed by the trustees. 3. The execution by the debtor must be attested by a solicitor. 4. Within twenty-eight days from its execution the deed, duly stamped, and a certified copy, and a schedule of debts, &c, verified by affidavits, must be left with the chief registrar of bankrupts. 5. The fact that the required majority of creditors have assented, and the value of the property must be verified. 6. A memorandum of the deed must also be left and advertised in the Gazette within forty-eight hours afterwards: (Doria & Mac. Bank. 924; Law Examination Reporter, No. 3, p. 46; No. 7, p. 52.)

70. Disputing deed.-Either by application to the
he may sue the debtor at law, and thus take the
Court of Bankruptcy or the Court of Chancery. So
opinion of a court of law thereon: (Law Examina-
tion Reporter, p. 53, No. 7.)

VII. CRIMINAL LAW AND PROCEEDINGS BEFORE
MAGISTRATES.

71. Objections to indictments.-The application on
the defendant's part must be made before plea and
jury sworn. It should be made to the court in
which the bill is found, except indictments at ses-
sions and other inferior courts, when the application
is by motion to the Court of Queen's Bench. The
court has power to amend the indictment, but if this
cannot be done it will quash it: (Roscoe's Cr. Ev.
191, &c., 6th edit.; Law Examination Reporter,
P. 53, No. 7.)

72. Amendments.-The court has now full power done and the amendments are not material: (Roscoe's to amend the indictment if injustice will not be Cr. Ev. 193, 6th edit.; Law Examination Reporter, p. 35, No. 6, p. 53, No. 7.)

73. Means of crime.-It is not necessary: (Roscoe's Cr. Ev. 650, 6th edit.; Law Examination Reporter, P. 53, No. 7.)

74. Variance.-The accused is not thereby entitled
to an acquittal: (Roscoe's Cr. Ev. 431, 6th edit;
Law Examination Reporter, p. 53, No. 7.)

75. Acts of stealing.-Any number of acts of
stealing not exceeding three, commited against the
same person within the space of six months may be
inserted. So counts for distinct misdemeanors may
be included in the same indictment, if the judgment
edit.; Law Examination Reporter, p. 53, No. 7.)
be the same for each: (Ros. Cr. Ev. 189, 190, 6th
525, 6th edit.)
dictments for all these offences: (see Ros. Cr. Ev.

76. Poachers-Convictions. To have distinct in

77. Witness-Contradicting.—The fact being mate

rial to the issue, the party may contradict the wit-
ness's answer by evidence. But it is otherwise if
the point be not material: (Roscoe's Cr. Ev. 95,
96, 6th edit.; Law Examination Reporter, p. 54,

No. 7.)

credit your witness by general evidence of bad
character, but by leave of the judge you may contra-

78, Witness.-In criminal matters you cannot dis

85. Conviction quashed.-A conviction reversed by a court of error (on some technical ground) is no judgment, and therefore cannot be pleaded to a subsequent indictment for the same offence (Roscoe's Cr. Ev. 187, 6th edit). If it is quashed on a substantial ground it is otherwise.

JULY EXAMINATION.
On the Subjects of the Lectures and Classes of the
Readers of the Inns of Court, held at Lincoln's-inn
Hall, on the 1st, 2nd, and 3rd days of July 1867.
the following exhibitions to the undermentioned
The Council of Legal Education have awarded
students, of the value of thirty guineas each, to
endure for two years:

Hunter, Esq., student of the Middle Temple.
Constitutional Law and Legal History.-William A.

Jurisprudence, Civil and International Law.-Rooke
of the Middle Temple.
Pennington, Esq., student of the Inner Temple.
Equity.-Robert Bannatyne Finlay, Esq., student

The Common Law-George Sangster Green, Esq., student of Lincoln's-inn.

The Law of Real Property, &c.-Job Bradford, Esq., student of Lincoln's-inn.

The Council of Legal Education have also awarded the following exhibitions of the value of twenty guineas each, to endure for two years, but to merge on the acquisition of a superior exhibition: Equity.-John Arnell Creed, Esq., student of the Middle Temple.

The Common Law.-Rooke Pennington, Esq., student of the Inner Temple.

The Law of Real Property, &c.-Charles John
Wilkins, Esq., student of the Middle Temple.
By order of the Council,
(Signed) EDWD. RYAN, Chairman pro tem.
Council Chamber, Lincoln's-inn, 12th July 1867.

COUNTY COURTS.

SHERIFF'S COURT.
Thursday, July 25.

(Before Mr. Commissioner KERR.)
M'CARTHY v. CHAFFEY.

Domestic servants and the law of dismissal.
This was an action to recover wages and notice,
plaintiff alleging that she had been summarily dis-
missed by the defendant.

It appeared that some words had passed between the parties, and it was deposed that the defendant had ordered plaintiff to leave the place, subsequently directing her to remain.

His HONOUR said that when a master dismissed

his servant in a summary manner he severed the existing contract, and the servant was entitled to act upon that dismissal. He must find for the plaintiff, with costs.

PROCLAMATIONS OF OUTLAWRY THIS DAY. At the sitting of the Sheriff's Court, Red Lionsquare, this morning, Mr. Hemp made his monthly

RIGHTS OF TRUSTEES UNDER DEEDS.-The 197th section of the B. A. 1861 gives to trustees under a deed the same rights as are given to assignees under a bankruptcy by the 129th section of the B. L. C. A. 1849. Trustees under a deed of arrangement for the benefit of creditors of a sum of stock standing in the name of the debtor at the date of the deed, are entitled to a transfer of the stock into their own names without taking out letters of administration to the debtor, since deceased. The latter part of the 128th section of the B. L. C. A. 1849, directing dividends upon stock to be paid Bill of exchange-Trust deed under English Bankruptcg to the official assignee, is inconsistent with the provisions of the B. A. 1861, and therefore repealed: (Ex parte Eddison, re Price, 16 L. T. Rep. N. S. 613. Bank.)

"FARRIE'S BILLS OF COSTS 1867.'-Might I be allowed, through the medium of your paper, to ask Messrs. Farries and Son on what authority they inserted in the Precedents of Probate Costs in the above work, vol. II., numerous extra items not allowed by the "scale;" for instance, at page 481, "Attending Mr. J. S. on conference, and discussing as to taking out letters of administration, discussing same and obtaining particulars, 6s. 8d.; writing Mr. as to sureties thereon, 3s. 6d. ; attending at the Stamp Office to obtain administration stamp, 6s. 8d.; attending Probate Office, leaving papers, and paying fees, 6s. 8d.; attending for grant, and obtained same, 68. 8d. letters and messengers, 54," and a number of others equally unauthorised by the court (see page 50, rules 1863, Nou contentious). Liverpool, 17th July, 1867.

J. I. X.

SHREWSBURY CUUNTY COURT.-I have read the article contained in your paper of the 20th inst. If your correspondents at Shrewsbury were acquainted with some of the cases in which I have been engaged, I think they would not feel so much hurt as they do; but if I were to mention cases, or even the outlines, it would be better for me to do as Mr. Jones's solicitor is said to have done, viz., tell the judge it is the last case I would bring before him -nay, if it were not that I had a family depending on my practice, I would have done so long ere this, but prudence and my circumstances prevent me as I am certain that in future most, if not all, cases under 207. in which I am engaged I should be on the losing side. There certainly is a remedy wanting to counteract any spleen the judge may have against the solicitor or party in a cause, or any preference he may have as to a particular mode of proceedi g. The judge may decide against law and against fact, and yet in cases under 20l. there is no appeal. If there were a jury in all cases to try facts, and a court of appeal in case of a decision against law, it would, I think, have a tendency to remove ill feeling between the judge and the solicitors engaged; but, under the present state of the law, the judge may do as he pleases as to law and fact, and if a solicitor chooses a jury, the judge of course knows which side the jury springs from, and can in a very great degree use his influence either as he likes or dislikes a jury. If the case of Jones v. Hammond is annoying to Mr. Jones's solicitor, it is lucky for him not to have been engaged in some of the cases in which I have been ONE, &C.

[Mr. Jones's solicitor, it appears, said that he should bring the case again before the court. The report was incorrect.-ED.]

THE POWER OF THE POLICE-At A., in the county of B., lives F., a poulterer, conducting an honest business in partnership with his nephew. Neither of them has been convicted of, nor charged with, obtaining any of their stock in-trade dishonestly. Two or three pigeon-cotes in the county of B, within a few miles of A., have been robbed since the present year came in; and from some others birds have been missed, though the owners could not say whether they had been stolen or had migrated. In April last a pigeon-cote was robbed within two or three miles of A. Some of the pigeons were offered to F. or his nephew, but they refused to have anything to do with them, knowing something of the characters of the parties offering them. They promptly reported the matter to the borough police of A., who were thus enabled to afford such information to the county police of B., that the offenders were apprehended the same day. and have since been convicted at the last summer

his business, and leaves a man in possession, while
he goes off by rail to make inquiries. After the
luggage-train at 3.20 p.m., which was to have taken
the pigeons to London, has departed, a telegram ar-
rives announcing all right;" but the pigeons have
to remain till nearly nine in the evening, when they
are sent off per mail. in which there is not the same
accommodation as in the goods train, though the
charge for carriage is higher. Several die in tran-
situ; a loss to the poulterer and the general public, so
much of the total aggregate of human food being lost,
a thing by no means to be desired in these days of
dear meat. F. commences an action in the County
Court, having first served a demand for copy of
warrant on each defendant, intimating at the same
time that an action will be commenced. No notice
whatever is taken of this; no attempt to effect an
arrangement during ten days or a fortnight. Then
a summons is issued, and the case comes on for
hearing at the June court. The defendants object
that they have not had a month's notice of action.
The plaintiff contends that they are mere trespassers,
so wilfully and blunderingly, that they cannot be
supposed to have been acting in the reasonable dis-
charge of their duty as constables. The judge over-
rules the objection. Defendants then invent some
rude and indecent, and obscene phrases which they
(or one of them) put into the mouth of F. as the
first answers he returns to the superintendent's
inquiries about the pigeons. The judge, on the
strength of Cook v. Leonard, 6 B. & C. 351, gives a
verdict for nominal damages, saying that he might
have given more, but for plaintiff's "saucy
answers." This verdict for 1. is subject to
revision at the July court. Plaintiff learns in the
interim that the judge is going to reverse it on the
ground that the defendants were entitled to a month's
notice of action according to Beckwith v. Philby,
6 B. & C. 635, which he had doubtless hit upon when
re-reading Cook v. Leonard in the same volume;
though there are many more recent cases (on both
sides) quite as much in point. At the July court,
before the judge pronounces his ultimate decision,
the plaintiff elects to be nonsuited on another point
which had been overlooked when the plaint was
levied, viz., that the nephew and co-partner should
have been joined in the action. The judge then
reads his decision, referring to, and quoting from,
Beckwith v. Philby, and concluding with "verdict
for defendants." He is told that the supposed
saucy answer is an invention of the police, and
that the character of the nephew, which had been
impugned by the defendants, was not open to the
imputations cast upon it. F. and his nephew are
prepared with witnesses to clear them, but the
judge declines further to deal with the case, beyond
allowing a nonsuit to be entered instead of a verdict,
declaring, however, that if the case (even after a
month's notice) comes before him again he shall
decide for the defendants. In this case the damages
claimed were only 10. Thus there is no "appeal."
On the facts in this case two or three interesting
questions arise, totally apart from the question of
"mouth's notice of action," upon which his Honour
founded his decision; as to which I do not presume
to say a word, except that in all dutiful submission
I beg to differ toto celo with the worthy judge.
First, there is a great constitutional question. We
all know that police constables have, and perhaps

66

NOTES AND QUERIES ON

POINTS OF PRACTICE.

N.B-None are inserted unless the name and address of the writers are sent with it, not necessarily for publication, but as a guarantee for bona files.

Queries.

233. HOUSE AGENT.-A. having a furnished house to let, applies to B., a house agent, to get a tenant, B. to receive 51. per cent. on the rent. A tenant is got by B., who turns out to be a man of straw. Can B. compel payment of his commission, which is over 107., without a written agreement? If any of your readers know of a reported case, or a similar case, I shall be glad if he will mention it. STUDENT.

(Q. 276) RE-EXECUTING DEEDS.-Will "J. H." please informA Clerk" what "J.H" means by "an actual re-execution," and refer "A Clerk" to cases bearing on his two queries? "A Clerk" has found by experience what some professional men consider "satisfactory," and he therefore wishes to find out what is really "legal," on these points, and perhaps "J H." will also kindly refer to some cases as to the " legality" of altering deeds at all after execution.

A CLERK

The Reformatory and Industrial Schools Acts, with
Notes, &c. By ROBERT WILKINSON, Esq.,
M.A., Barrister-at-Law. Knight and Co.
A USEFUL manual for all who are engaged in the
administration of justice. It contains the
General Acts, the Middlesex Acts, Jervis's Act,
the Small Penalties Act, and lists of the Certified

Reformatory and Industrial Schools, with notes
and an index.

The Sewage Question; a General Review of all
Systems and Methods for Draining Cities, &c.
By FREDERICK CHARLES KREPP, Engineer.
Longman and Co.

THE lawyers have only a remote interest in the
subject of this volume, but it may arise thus:
A client is ordered by a nuisance committee to
remove a nuisance caused, say, by a drain or
cesspool.

What is he to do with the contents?

He cannot send them on to his neighbours, and he may not turn them into a ditch that flows into a stream. He is summoned, and the magistrates, on proof of the nuisance existing, make a peremptory order for its removal within a stated time. On failure to comply, he is subject to a penalty of 10s. per day. Here is a real difficulty. What can he do with his sewage? In this dilemma, a reference may be made to this volume by Mr. Krepp; and thus, though not a law book, it may be found sometimes useful to lawyers.

A Practical Guide to the Payment of Legacy and
Succession Duties, &c. By CORRIE HUDSON.
Groombridge.

properly, almost unlimited powers to arrest in public places, where they witness, or are credibly informed of, anything which renders the immediate detention of an offender essential to the interests of justice. But, for nearly two hundred years, the law has forbidden justices of the peace to issue "general warrants' to search suspected places-places suspected upon a vague and general suspicion. Does, then, the law permit to comparatively half-educated men, such as police constables, a power which it denies to magistrates? It seems to me that if police constables are held to be justified in entering upon and searching, without a search warrant, private premises on the slender grounds for suspicion which existed in this case, the law is strangely inconsistent with itself. Secondly, a question of jurisdiction arises. Ought county constabulary, virtute officii, and without any written precept to that effect, to invade and search premises within the boundaries of a borough having its own quarter sessions-the only case of the kind brought local magistrates aud local police? Thirdly, where into court for six months. Early in May last F. a case stands over from one County Court to bought some hampers of live pigeons, fairly and another, and before the judge has finally disposed honestly, at a full price, from a pigeon-breeder of the case, if he is informed that perjury and slander living more than twenty miles distant from A. combined have been committed on the previous hear. These he brought home, openly, without any con- ing, is it a correct mode of discharging his duty to cealment, in the full tide of business hours, viz., about "burke" further inquiry, and to prevent a man, who one o'clock p.m., intending in two hours afterwards, has been unexpectedly as well as falsely assailed or soon after three p.m,to dispatch them to London. in his character, from justifying it in an equally The superintendent of county police, stationed at A., open manner? and on the ground that he ought to chanced to see F. with his pigeons, and because two have had his witnesses at the previous court, ready or three cotes had been robbed (as was supposed) then to disprove the unanticipated calumny? Every PROMOTIONS & APPOINTMENTS during the previous three or four months, he takes right-minded man would wish the police to be proupon himself to overhaul the merchandise of this tected in the proper discharge of their duties; but honest poulterer. He asks him where he has got to shield them when despotic or calumnious will the pigeous; F. tells him from whom he has bought, not tend to inspire respect for the law or its adminisand the price he has paid. Not satisfied, Mr. Super-tration. I should be glad to have the opinion of intendent enters F.'s house, examines the hampers any of your readers on one or all of the points to and pigeons, is shown them, and others bought within the limits of the borough where F. carries on

which I have adverted.
23rd July,

1867.

EMIK.

THOROUGHLY practical, giving the most minute instructions for that most troublesome and often perplexing process, the ascertainment and payment of the duties on legacies and successions. Mr. HUDSON has collected the cases; he gives all the forms required in the office; he introduces precedents of accounts, and completes the volume with elaborate tables for the calculation of legacy and succession duties, and rules, short and simple, for calculating the value of various kinds of annuities.

[N. B.-Announcements of appointments being in the nature of adverusements are charged 28. G. cach, for which postage-stamps should be inclosed.]

Mr. F. Hawksford, of St. Helier's, Jersey, solicitor, has been appointed a commissioner to administer oaths in the common law courts for the Channel Islands.