AUG. 10, 1867.]

THE LAW TIMES.

JOINT-STOCK COMPANIES' LAW opinion (1) that R. was a bona fide assignee for

JOURNAL.

PRACTICE-FOREIGN CONTRIBUTORIES-SER

--

entitle him to be called to the Bar, the examiners
will principally have regard to the general knowledge
A student may present himself at any number of ex-
of law and jurisprudence which he has displayed.

value without notice of fraud; (2) that G.
senior had authority to deliver the bill to Stone
under the circumstances, especially as the words
in the instructions from G. senior were ambigu-aminations, until he shall have obtained a certificate.
ous: Held, following Gurney v. Behrend, that R.
was entitled to the goods, and granted (but with
hesitation) the costs of his suit against the
owners of the vessel, the suit of the assignees of
G. senior's creditors to be dismissed with costs:
Semble, this court had the power, had it been
applied to, to have relieved the vessel from the
cost of resisting at the same time two conflicting
demands: (The Argentina, 16 L. T. Rep. N. S.

LAW STUDENTS' JOURNAL.

INNS OF COURT.-RULES FOR THE
GENERAL EXAMINATION.
MICHAELMAS TERM 1867.

VICE.-A company carried on business in London and Paris, having many shareholders resident in France. On its being wound-up, and a call made, notice of such call is sufficiently served on the French shareholders by letter sent by the post: (Re The General International Agency Company, 16 L. T. Rep. N. S. 725. L. JJ.) CLAIM-COMPROMISE.-In 743. Adm.) CONTRIBUTORY the voluntary winding-up of a company a claim was made, which was opposed, and the liquidator took out a summons to have it adjudicated upon by the court, to which the claimant consented. Evidence having been gone into, the liquidator was advised to effect a compromise, and terms were agreed upon, subject to the approval by extraordinary resolution (under sect. 159) on the part of the shareholders. A meeting was according summoned, and although the compromise was objected to by some of the shareholders, Further proceedings being it was adopted. threatened by the dissentients, another summons was taken out by the liquidator to show cause why the agreement should not be carried out, and upon its being adjourned into court the M. R. declined to make any order, thinking that the court was bound, before giving its sanction, to satisfy itself that the compromise was advantageous to the company, and that he had not sufficient materials to enable him to decide whether it was. The claimant appealed: Held, that as by the original summons the question was before the court when the meeting was held, the compromise could not be carried into effect without its sanction: and that being so, that the court was not limited to the mere duty of seeing whether the approval of the company had been duly obtained, but was bound to satisfy itself that the agreement was a proper one; but, in the face of the resolution of approval, the onus of showing the impropriety of the compromise was shifted to the dissentients. Per Rolt, L. J.: Under the 138th section a contributory was not entitled to have the whole question reopened, and the propriety of the compromise determined, as if the company was being woundup by the court, and as if the company had not in meeting approved of the compromise: (Re The Lama Coal Company, 16 L. T. Rep. N. S. 726. L. JJ.)

MARITIME LAW.

The attention of the students is requested to the
"As an inducement to students to propose them-
following Rules of the Inns of Court:
for such examination, studentships and
selves
exhibitions shall be founded of fifty guineas per
annum each, and twenty-five guineas per annum
each respectively, to continue for a period of three
years, and one such studentship shall be conferred
on the most distinguished student at each General
Examination, and one such exhibition shall be con-
ferred on the student who obtains the second
position: and further, the examiners shall select and
have passed the next best examinations; and the
certify the names of three other students who shall
Inns of Court to which such students as aforesaid
belong. may, if desired, dispense with any Terms
not exceeding two, that may remain to be kept by
such students previously to their being called to the
bar. Provided that the examiners shall not be
obliged to confer or grant any studentship, exhibi-
tion, or certificate, unless they shall be of opinion
as entitles them thereto."
that the examination of the students has been such

"At every call to the bar those students who have
passed a general examination and either obtained a
studentship, an exhibition, or a certificate of honour
at such examination, shall take rauk in seniority over
all other students who shall be called on the same
day."

Rules for the Examination of Candidates for Honours,
or Certificates entitling Students to be called to the

Bar.

An examination will be held in next Michaelmas Term, to which a student of any of the Inns of Court, who is desirous of becoming a candidate for a studentship, an exhibition or honours, or of obtaining a certificate of fitness for being called to the Bar, will be admissible.

Each student proposing to submit himself for examination will be required to enter his name at the Treasurer's Office of the Inn of Court to which he belongs, on or before Wednesday, the 23rd day of October next, and he will further be required to state in writing whether his object in offering himself for examination is to compete for a studentship or other honourable distinction; or whether he is merely desirous of obtaining a certificate preliminary to a call to the Bar.

The examination will commence on Wednesday, the 30th Oct. next, and will be continued on the Thursday and Friday following.

It will take place in the Hall of Lincoln's-inn; and the doors will be closed ten minutes after the time The examination by printed questions will be appointed for the commencement of the examination. conducted in the following order:

NOTES OF NEW DECISIONS. BILL OF LADING-AGENT ASSIGNEE FOR VALUE.-G., a merchant at New York, shipped to Bristol in the vessel Argentina three parcels of oilcake, two parcels for G. senior, his correspondent there, and the third for S. The bills of lading for all three parcels in triplicate he sent to G. senior, with strict injunctions not to part with the bill of lading of S.'s parcel to him without first receiving payment. G. drew a bill of exchange for the whole value of the parcels on G. senior, which was discounted. S. subsequently induced G. senior to deliver to him his bill of lading on giving a bill of exchange drawn on one Styles, and a promise of immediate payment of the cash. S. having indorsed the bill of lading to R. for value, became bankrupt, as also did Styles. On the arrival of the vessel, R. had notice served on the master not to deliver the goods but to his order. G. senior presented one of the copies of the bill of lading which he had retained, and demanded the delivery of the third parcel shipped for Stone, as well as the other two, to which his title was undisputed. The master refused to deliver the third parcel, and retained thirty-two barrels out of the other parcels for the alleged nonpayment of freight. He also refused to deliver the third parcel to R. G. senior becoming bankrupt, two actions were brought in this court against the vessel, one by the assignees of G. senior's creditors for the non-delivery of the third parcel and the thirtytwo barrels retained for freight, and the other The oral examination and printed questions will by Russell for the non-delivery of the third parcel to his order. The master made an appli-be founded on the books below mentioned; regard cation to the Court of Ch. to compel the plaintiffs being had, however, to the particular object with a to interplead, which was refused. The two suits view to which the student presents himself for exhaving been heard together, the Court dismissed amination. the claim in respect of the thirty-two barrels, and in reference to the third parcel, being of

on

Wednesday morning, the 30th Oct., at ten, on
Constitutional Law and Legal History; in
the afternoon, at two, on Equity.
Thursday morning the 31st Oct., at ten, on
Common Law; in the afternoon, at two, on
the Law of Real Property, &c.
Friday morning, the 1st Oct.. at ten,
Jurisprudence and the Civil Law; in the
afternoon, at two, a paper will be given to
the students including questions bearing upon
all the foregoing subjects of examination.
The oral examination will be conducted in the
same order, during the same hours, and on the same
subjects, as those already marked out for the ex-
amination by printed questions, except that on
Friday afternoon there will be no oral examination.

The oral examination of each student will be con

ducted apart from the other students; and the
character of that examination will vary according
as the student is a candidate for honours, or desires
simply to obtain a certificate.

In determining the question whether a student has passed the examination in such a manner as to

Any student who shall obtain a certificate may candidate for the studentship or exhibition, but only present himself a second time for examination as a at the general examination immediately succeeding that at which he shall have obtained such certificate; provided, that if any student so presenting himself shall not succeed in obtaining the studentship or exhibition, his name shall not appear in the

list.

Students who have kept more than eleven terms shall not be admitted to an examination for the studentship or the exhibition.

The Render on Constitutional Law and Legal History
proposes to examine in the following Subjects:

1. Hallam's History of the Middle Ages, chap. 8.
2. Hallam's Constitutional History.

3. Broom's Constitutional Law.

4. The chief Statutes from the date of Magna Charta to that of the Union with Scotland.

5. The principal State Trials of the Stuart period. The Reader on Equity proposes to examine in the following Books:--

1. Haynes's Outlines of Equity; Smith's Manual of Equity Jurisprudence; Hunter's Elementary View of the Proceedings in a Suit in Equity, Part I.

2. The Cases and Notes contained in the first Act to further amend the Law of Property, and to The Act to volume of White and Tudor's Leading Cases. The c. 38. The Act to giveto Trustees, Mortgagees, and Relieve Trustees, 22 & 23 Vict. c. 35. further amend the Law of Property, 23 & 24 Vict. others, certain powers now commonly inserted in 145. The Act to regulate the Procedure in the High Settlements, Mortgages, and Wills, 23 & 24 Vict. c. Court of Chancery and the Court of Chancery of the Act to amend the Law relating to Future Judgments, County Palatine of Lancaster, 25 & 26 Vict. c. 42. The Statutes, and Recognisances, 27 & 28 Vict. c. 112. 7, N. S., part 2, p. 58.) Mitford on Pleadings in the The General Orders of the Court of Chancery, of the 1st Feb. 1861, and of the 5th Feb. 1861: (Jur. vol. Court of Chancery, Introduction; chap. 1, ss. 1 and 2; chap. 1, s. 3 (the first six pages): chap. 2, s. 1; chap. 2, s. 2. part 1 (the first three pages); chap. 2, s. 2, part 2 (the first two pages); chap. 2, s. 2, part 3; chap. 3.

Candidates for certificates of having passed a satisfactory examination will be expected to be well acquainted with the books mentioned in the first of

the above classes.

Candidates for the studentship, exhibition, or honours will be examined in the books mentioned in the two classes.

The Reader on the Law of Real Property, &c., proposes
to examine in the following Books and Subjects:—
1. Joshua Williams on the Law of Real Property,
seventh edition.

2. Administration of Assets; Jarman on Wills, pp. 584-612. Third edition.

3. Legal and Equitable Interests; Josiah Wm. Smith on Real and Personal Property, pp. 246-309. Third edition.

4. Suspension and Extinguishment of Powers; Edwards v. Slater. Hard. 410, and the notes to perty and Conveyancing, pp. 305-329. Second that case in Tudor's Leading Cases on Real Proedition.

5. The Duties of Trustees for Sale, &c.; Lewin
on Trusts, pp. 312-359. Fifth edition.
Candidates for the studentship, exhibition, or
honours will be examined in all the above-mentioned
in those under heads 1, 2, and 3.
books and subjects. Candidates for a pass certificate

The Reader on Jurisprudence, Civil and International
Law, proposes to examine in the following Books and
Subjects:-

1. Justinian's Institutes, Book III., tit. 24-29; Book IV., tit. 1-5. Systema Juris Romani (Lips., 2. Mackeldeii 1847.)- Pars Specialis-Lib. II., sect. 2; cap. 1, 458-484. sects 374-394; cap. 2, sects.444-457; cap. 3, sects. 3. Mackenzie's Roman Law. Part III., chap. iv., sects. 2, 3, and 4; chaps. vi., vii., viii., and ix, 4. Code Napoléon-arts. 1371--1386, 1708-1873, Code de Commerce, arts. 18-64. 1984-2010.

5. Wheaton's International Law. (Lawrence's edition, 1864.) Part III. International Rights of States in their Pacific Relations, pp. 373-502. 6. Austin's Jurisprudence. Lecture I. following Books and Sabjects:— Candidates for a pass certificate will be examined The Reader on Commun Law proposes to examine in the 1. The Ordinary Steps and Course of Pleading 2. Smith's Lectures on Contracts (last edit.), in an Action. Sects. 1-4 inclusive,

in

(Third edition). 3. Broom's Commentaries. Book III., chaps. 1-4 inclusive. (Law of Torts.) 4. The Law of Homicide and of Simple Larceny›

which may be read in any treatise on Criminal Law published since the Consolidation and Amendment

Acts of 1861.

Candidates for the studentship, exhibition, or honours will be examined in the above subjects, and also in

5. The following cases concerning Contracts under
Seal, from Lord Coke's Reports:
Pigot's Case, XI, 26; Spencer's Case, V., 16;
Blake's Case, VI., 43; and Higgin's Case, VI., 44.
6. Stephen on Pleading. (Seventh Edition, by
Pinder.) Chap. 2, pp. 121-218. The System of
Pleading and Rules tending to the production of an
Issue.

7. Russell on Crimes. (Fourth Edition, by Greaves.) Vol. III., pp. 612-638. The Competency By order of the Council

of Witnesses.

EDWARD RYAN, Chairman pro tem. Council Chamber, Lincoln's-inn, July 12, 1867.

PRELIMINARY EXAMINATIONS BEFORE ENTERING INTO ARTICLES OF CLERKSHIP TO ATTORNEYS AND SOLICITORS.

Pursuant to the Judges' Orders, the Preliminary Examination in General Knowledge will take place on Wednesday, the 12th, and Thursday, the 13th February 1868, and will comprise

1. Reading aloud a passage from some English author.

2. Writing from dictation.

3. English Grammar.

4. Writing a short English composition.

5. Arithmetic.-A competent knowledge of the first four rules, simple and compound. 6. Geography of Europe and of the British Isles 7. History.-Questions on English History. 8. Latin.-Elementary knowledge of Latin. 9. 1. Latin. 2. Greek, Ancient or Modern. 3. French. 4. German. 5. Spanish. 6. Italian. The Special Examiners have selected the following books, in which candidates will be examined in the subjects numbered 9 at the examination on the 12th and 13th February 1868:

In Latin.-Cicero, Pro Milone; or, Virgil, Eneid, book xii.

In Greek.-Homer, Iliad, book i.

In Modern Greek.-Βιντοτῆ; Ιστορία τῆς ̓Αμερικῆς, βιβλίον ζ'.

In French.-Voltaire, Mérope; or, Guizot, Guil

laume le Conquérant.

In German.-Schiller, Don Carlos; or, Goethe,
Die Leiden des Jungen Werther.

In Spanish.-Cervantes, Don Quixote, cap. xv. to
xxx. both inclusive; or, Moratin, El Si de las
Ninas.

In Italian.-Manzoni's I Promessi Sposi, cap. i. to viii. both inclusive; or, Tasso's Gerusalemme, 4, 5, and 6 cantos; and Volpe's Eton Italian Grammar.

With reference to the subjects numbered 9, each candidate will be examined in one language only according to his selection. Candidates will have the choice of either of the above-mentioned works.

The Examinations will be held at the Incorporated Law Society's Hall, Chancery-lane, London, and at some of the following towns:-Birmingham, Brighton, Bristol, Cambridge, Cardiff, Carlisle, Carmarthen, Chester, Durham, Exeter, Lancaster, Leeds, Lincoln, Liverpool, Maidstone, Manchester, Newcastle-onTyne, Oxford, Plymouth, Salisbury, Shrewsbury, Swansea, Worcester, York.

Candidates are required by the judges' orders to give one calendar month's notice to the Incorporated Law Society, before the day appointed for the Examination, of the language in which they propose to be examined, the place at which they wish to be examined, and their age and place of education. All notices should be addressed to the Secretary of the Incorporated Law Society, Chancery-lane, W C.

E. W. WILLIAMSON, Secretary.
Law Society's Hall, Chancery-lane,
London, August 1867.

294. DUTIES OF TRUSTEES - Have trustees the authority to dictate to parties for whom they hold money in trust, into whose hands, or what banker's or agent's hands, the interest or dividends they receive on such trust-money shall be paid: or is it not a sufficient quittance as to the responsibility of trustees if they pay the interest or dividends into such banker's or agent's hands as the parties interested may themselves appoint, the cestuis que trust giving directions to that effect to their trustees? If the trustees are bound to pay interest or dividends into the banker's or agents hands, as appointed by the cestuis que trust and

CLERGY DISCIPLINE ACT-PRACTICE.-It is no objection to a commission of inquiry issued by the bishop as to offences charged against a clerk in holy orders, or to the decree made by such commissioners, under 3 & 4 Vict. c. 86, that they do not expressly allege that the offences were committed within two years then last past. If the decree refers to the letters of request, and the letters contain the above allegation, the proceedings are regular. Semble, the proceedings refuse, what course had better be pursued? X. L. R. before such commissioners are not open to appeal before the Arches Court on the score of irregularity: (Simpson v. Flamank, 16 L. T. Rep. N. S. 724. Priv. Co.)

CORRESPONDENCE OF THE

PROFESSION.

FARRIES PRECEDENTS OF BILLS OF COSTS.— Having received the address of "J. I. X.," we beg leave to inform him through your paper that the probate precedent was drawn by us some time ago, and has been adopted by a great many firms of the highest respectability. Our precedents are for the Profession, and we consider that if any one should object to them they have a perfect right to take what they like for those charges made by us or omit them altogether. If any one wishes to charge strict taxable items they are also at liberty to do so, and will find them arranged alphabetically in our work on Costs. It would be very unusual to draw precedents containing only taxable items: and if the Profession had to receive those only the sooner they closed their offices and discharged their clerks the In one instance which came under our observation the defendant in a Chancery suit on the equity side of the County Court was only allowed on taxation his solicitor's costs out of pocket. In conclusion, we beg to inform “J. I. X." that we have scores of letters speaking very highly of our work; and the best test of all is that we are now in our second edition of volume No. 2.

better.

FARRIES and Sox.

1, Child's-place, Temple, 6th Aug.

[ADVERTISEMENT]

Common Pleas Office, Chancery-lane,
7th Aug. 1867.

TO THE EDITOR OF THE LAW TIMES.

Sir, I beg to inclose for insertion in your next publica-
tion the copy of a letter I have written to Mr. Henry
Sydney, articled clerk to Mr. Murray, of Great St. Helen's,
solicitor, apologising to him for the annoyance to which
he has been subjected through an error of mine in having
placed the præcipes for two writs filled in the Master's
Office of the Common Pleas upon a wrong file, which
induced me at the time to believe the same to have been
removed by him from another file of præcipes which had
been given out to him for the purpose of being searched;
it being my wish that the fullest circulation should be
given to my apology contained in my said letter to him.
Yours obediently, THOS. HOWARD.

Common Pleas Office, 3rd Aug. 1867.
Sir, I cannot sufficiently express my regret at the
annoyance it must have occasioned you by reason of my
having supposed that the two præcipes had been removed
from the file of præcipes for writs of capias that were given
out for search at the Common Pleas Office on the 30th ult,
the same having eventually been discovered to have been
inadvertently placed on a file of the preceding quarter.
It gives me pain to think that much annoyance must
necessarily have been occasioned to you, which I beg to
offer you the fullest apology for, and can only sincerely
regret. As you are aware, I have already given the
fullest explanation to the Masters, to Mr. Murray, to Mr.
Nicholson (the plaintiff's attorney), and now beg to repeat
my willingness to attend before Mr. Baron Bramwell to
give the fullest explanation to him if it is your wish that
I should do so, and you have my full authority to show
this to whomsoever you please.
I am, Sir, yours most obediently,
To Mr. Henry Sydney.
THOS. HOWARD.

NOTES AND QUERIES ON
POINTS OF PRACTICE.

Queries.

292. WILL-A. makes a will, and devises all his real estate to trustees in fee (subject to mortgages payable thereon) upon trust to permit his wife to receive rents for her life and after her decease upon trust to sell the real estate and divide proceeds amongst all his children. The trustees have agreed to sell the real estate and the purchaser's solicitor contends that the trustees cannot sell in the lifetime of the tenant for life, unless the cestuis que trust are made parties to the conveyance. The tenant for life is willing to join in the conveyance to complete the sale. There is the usual declaration that the receipts of the trustees shall be good discharges to the purchasers Cannot a safe conveyance be made without the cestais que trust being made parties thereto? Will some of readers kiudly refer me to some authority upon the point and give me their opinion?

Answers.

(Q. 288.) In reply to the query of "Articulus" as to the best mode of putting a stop to the proceedings of E. S. B, whom he represents as practising as an attorney without being duly qualified. I would suggest that some person (who, if required, could prove such practices) represent the facts of the case to the secretary of the Incorporated Law Society, who, no doubt, would institute such inquiries into the subject as would be the means of preventing an interloper like E. S. B. from again coming too prominently forward and endeavouring to deprive the Profession of the rights which are so justly theirs. SUUM CUIQUE

(Q. 291) MARRIED WOMAN.-In reply to "Student" I may perhaps assist him by quoting from Shelford's Real Property Statutes, 396, 7th edition:-"Through the medium of powers and trusts, however, a married woman has long been allowed to have both at law and in equity the full dominion over property independent of her husband. A wife may, without her husband, execute a naked authority, as to sell lands whether given before or after coverture, and though no special words are used to dispense with the disability of coverture: (Co. Lit. 112 a. and n. 6.) The rule is the same where both an interest and an authority pass to the wife, if the authority is collateral to and does not flow from the interest, because then the two are unconnected, as if they were vested in different persons : (Rep. temp. Finch, 346.) As, too, a feme covert may, without her husband, convey lands in execution of a mere power or authority, so she may with equal effect, in performance of a condition, where land is vested in her on condition to convey to others: (Lewin on Trustees, 29, 4th edit; and Sir W. Jones, 137.) The reason why in these instances the wife may convey without her husband seems to be, that he can receive no prejudice from her acts, but a great one might arise to others if his concurrence should be essential: (Harg. Co. Lit. 112 a, n. 6.) The same reasoning has been urged in favour of the power of a married woman to convey an estate of freehold vested in her as a trustee; but, as the law takes no notice of trusts, the better opinion, sanctioned by uniform practice, is, that as to estates of freehold which a married woman has as trustee, no effectual conveyance could formerly be made by her without fine or recovery, nor now without a deed duly acknowledged: (1 Prest. on Abs. 357.) As to signing receipts for purchase-money by

a married woman, see Lewin on Trusts, 327, 328, 4th edit. As to a married woman appointed an executrix, she cannot accept the office without her husband's consent: (Wil liams, P. P. 302, 5th edit)

A Catalogue of Pedigrees hitherto Unindexed. This is a little work of great research, and of the utmost use to genealogists. As many of our readers know, there are some seven catalogues of pedigrees and genealogical works already published, and this work under notice perfects the whole by affording a reference to those pedigrees which have hitherto escaped notice. The information has been gleaned from a great variety of resources-so great as to afford striking evidence of the zeal and indefatigable research of the compiler. It is a pity the editor has not thought proper to put his name to the work. It is one well known among heralds, and we are quite sure he has no cause to blush for this his last production.

The book may be obtained of Mr. James Coleman, 22, High-street, Bloomsbury.

LEGAL OBITUARY.

JUSTICE WAYNE.

(Of the United States Circuit Court.) Ar this court a few days since, Judge Durrell presiding, United States District Attorney, Samuel H. Torrey announced the fact of the death of Judge Wayne, one of the Justices of the United States Supreme Court, and moved that the court do adjourn as a mark of respect to the eminent deceased. Mr. Torrey accompanied his motion with a just and eloquent tribute to the memory of Justice Wayne. He was followed by Judge A. Campbell, one of the ablest members of the Bar, as follows:

64

NOTES OF NEW DECISIONS. TITHES-RENTCHARGE-HOP-GROUNDS.-It is enacted by 6 & 7 Will. 4, c. 71, s. 42, that all lands whereof the tithes have been commuted, if newly cultivated as hop-grounds, shall be charged an extraordinary rentcharge. In 1841 the tithes of a parish were commuted, and certain lands were declared exempt from tithes as being waste. But they were in a district where the extraordinary charge on hop-grounds applied. In 1855 these lands were cultivated as hop-grounds. It was held by the H. of L. (re-kindly inform me whether there is any power to compel trustee of that institution. I was examined by him

T. O. V.

293. BANKRUPTCY. - Will some of your numerous readers

May it please the Court-I cannot allow the motion of the district attorney to pass, without expressing a cordial concurrence in his encomiums upon the judicial life of Justice Wayne.

"My personal acquaintance with him commenced in 1821, when I was examined for admission into the University of Georgia, when he attended as a

AUG. 10, 1867.]

THE LAW TIMES.

CHANCERY NOTICE.

9th Aug. 1867.

there was nothing due from the gentleman against whom
the motion was directed.-The VICE-CHANCELLOR said it
appeared that somebody was suspected to have stolen
these books, with a view to prevent a call, and that the
official liquidator could not obtain possession of them, but,
now be made upon those settled upon the list of contri-
notwithstanding the absence of the books, the call must
out of the estate.
butories, and the costs of the official liquidator must come

personally, upon the classics that I had read pre- THE COURTS & COURT PAPERS. documents had not been produced as ordered, and that
paratory to the admission. He was then a judge of
one of the courts of Georgia, and was remarkable
for his personal appearance, and his overflowing
courtesy. He had already excited the expectations
and pride of the people of our native state. He
remained on the bench in Georgia for several years
after, and became conspicuous in the formation of
the Union party in that State, which supported
Gen. Jackson, first in the contests arising upon the
doctrines of nullification, and the removal of the
deposits from the Bank of the United States.

"He was a prominent member of Congress during the whole of that period, and in 1835 became a justice of the Supreme Court of the United States, which office he held until the time of his death.

"Justice Wayne was ambitious of distinction on the bench of the court. He had a variety and extent of liberal culture before he took his place upon the bench of the Supreme Court; he devoted himself afterward with great earnestness and industry to increase his store of judicial and intellectual acHe studied the causes submitted to quirements. him with fidelity and profoundness, and his decisions disclose a capacity for close thought and cogent argument. He was a man of marked characteristics. He was a brave man. His courage was undaunted, and those virtues are the custodian of all others. Without them learning, culture, a love of justice, and a sensitiveness to right are often defeated or frustrated. He asserted his opinions firmly, tenaciously, and in general successfully. was no wavering in any portion of his public conduct. What he determined was proper to be done he did without apprehension of consequences. His opinions upon public questions were well defined. His public conduct was conformable to them. There was as little inconsistency in his course as that of any public man in the Union.

There

"The members of the court with whom he was associated were of the same marked character as himself. He is the survivor of a long list of associates, all of whom have a claim upon the respect and admiration of the country. Story, Thompson, Baldwin, Barbour, McKinley, Woodbury, Daniel, McLean, Catron, and finally, the great Chief Justice Taney, one after another, have gone before him. All of them have illustrated and adorned the judicial annals of the country.

"I cannot permit the occasion to pass without referring to those with whom I was most acquainted.

"There was a Roman firmness in them all. However tempered by age, personal habits, intellectual pursuits, or the circumstances of birth or education, upon them all there was the impress of personal honour, the sense of personal dignity, the consciousness of the responsibility and grandeur of the judicial office, and a fearless surrender of themselves to the demands of public duty. In their administration justice became a living incarnation, occupying their chambers in the capital of the land as a favourite dwelling-place.

"I cannot remember without emotion the profound and varied learning of the Chief Justice in his profession, his gentle manners, refined and genial temper, combined with the more austere virtues of fortitude, magnanimity, and heroic courage, that were always displayed suitably, according to time Justice McLean was another and circumstance. high and lofty character-imposing in appearance and manners, and clear and definite in his opinions and purposes. Justices Catron and Daniel were The former of indomitable also remarkable men. courage and practical ability, always listened to with respect; the latter, independent, manly, highspirited, and disdainful of everything mean or dishonest. Those who remain of these associates deserve well of the country."

PROMOTIONS & APPOINTMENTS [N.B.-Announcements of appointments being in the nature of advertisements are charged 2s. 6d. each, for which postage-stamps should be inclosed.

The Queen has been pleased to appoint Robert Spankie, Esq., of the Bengal civil service, to be a judge of the High Court of the North-Western pro

vinces.

The Lord Chancellor has appointed Mr. George Long, of the Chancery Bar, Secretary of Presentations in place of Mr. Lushington, whose resignation was announced last week.

Henry John Adeane, Esq., Custos Rotulorum of the Isle of Ely, has appointed Mr. Frederick M. Metcalfe, solicitor, of Wisbech, Cambridgeshire, to be Clerk of the Peace for the Isle of Ely.

John Collyer, Esq., Judge of the County Court of Cambridgeshire, holden at Wisbech, has appointed Mr. Frank Metcalfe, solicitor, of Wisbech, to be Registrar of that Court.

During the Vacation, all applications, which are of an urgent nature, are to be made to or at the chambers of the Vice-Chancellor Sir Richard Malins. All applications ex parte are to be sent to the Vice-Chancellor Malins by book post, or parcel, prepaid, accompanied with the brief of counsel, indorsed with the terms of the order applied for, and an envelope capable of receiving the papers to be returned, with sufficient stamps affixed thereon and addressed as follows:-" To the Registrar in Vacation, Chancery Registrar's Office, Chancerylane, London, W. C."

On application for injunction or writs of Ne exeat Regno, there must be sent, in addition to the above, a copy of the bill, a certificate of bill filed, and office copies of the affidavits in support of the application. The papers sent to the Vice-Chancellor, with any order his Honour may make thereon, will be returned direct to the registrar.

All applications for leave to give notice of motion only, may be made to the chief clerk at chambers. The Vice-Chancellor's address can be obtained at his Honour's chambers, No. 3, Stone-buildings, Lincoln's-inn.

The chambers of the Vice-Chancellor Malins will

be open on Tuesday, Wednesday, Thursday, and
Friday, in every week, from eleven till one o'clock.

V. C. STUART'S COURT.
Reported by EDWARD WINSLOW, Esq., Barrister-at-Law.
BUSINESS OF THE WEEK.
SITTINGS AFTER TRINITY TERM 1867.
Thursday, Aug. 1.

HENNET V. THE TEWKESBURY AND MALVERN RAILWAY
COMPANY.-Roxburgh, Q. C. (with him Dunn) moved, that
within ten days after the service of the order, the defen-
dants, the directors of the company, do pay over to the
receiver appointed in the cause, the sums of 3501, and 500%.,
which had been received by the directors in Jan. and
The order for the appointment
March 1867 respectively.

of the receiver was made in Nov. 1866, but was not drawn
up until April 1867.-Greene, Q. C. and Dryden for the
directors; Eddis appeared for a gentleman appointed
CHANCELLOR said the three directors who had thought
director in March, and Speed for other parties.-The VICE-
proper to receive these moneys, and to apply them without
any sanction of the court, and in defiance of its order, dis-
placing the person appointed as receiver, must pay the
amounts into court ten days after the service of the order.
The order would be made against the secretary, as well as
against the three directors named in the summons, and
client must pay his own costs.
they must all pay the costs of this application. Mr. Eddis's

Re THE WILTSHIRE IRON COMPANY; Ex parte WILKIN-
which
The
sox.-Mr. Wilkinson was an agent of this company,
was ordered to be wound-up in November last.
accounts between Mr. Wilkinson and the company were
Wilkinson 2381. 4s., and Mr. Wilkinson claimed to be
disputed. On the one hand the liquidator claimed from
allowed 3051. 133. 8d. The chief clerk had certified that
Mr. Wilkinson ought to pay over the 2381. 4s.-Ro.rburgh,
Q. C. now moved that no order be made upon Mr. Wil-
kinson until after his claim had been examined, as he
was now entitled to set off what might be due to him,-
Greene, Q. C. and Brooksbank, who appeared for the official
liquidator, opposed the motion; but after some discussion

the VICE-CHANCELLOR ordered the matter to stand over
generally till after the claim of Mr. Wilkinson had been
disposed of in chambers.

Re THE UNIVERSAL BANKING CORPORATION; Ex parte
GUNN-Schomberg, Q. C. moved to strike the name of this
gentleman out of the list of contributories, on the ground
that he had never received any notice of an allotment
Mr. Gunn applied for ten shares,
of shares to him.
and paid 127. 108. deposit, being 1. 5s. per share; but
allotment, no notice of it was sent to Mr. Gunn.-Greene,
though the directors made a minute in their books of the
QC. and Brooksbank, on behalf of the liquidator, opposed

the motion.

Order as asked.

KELLY v. HUTTON-Fry moved to discharge John Hutton
the elder, and John Hutton the younger, who were in
court, on the ground that before the committal these
attendance in court, from the custody of the officer of the
gentlemen had filed a further affidavit as ordered, and
which, it was submitted, was sufficient.-J. Pearson, Q. C.
(with him Langley) said the affidavit was not satisfactory;
it was, in fact, grossly insufficient. -Fry: That was a
conduct of these gentlemen had been unjustifiable, as they
question for consideration.-The VICE-CHANCELLOR: The
had attempted to baffle the plaintiff, and he would not,
The matter must be pro-
therefore, discharge them.
ceeded with in a regular manner.-J. Pearson: The de-
fendants having been brought to the court on their own
motion, and being in court, he should ask that they be
this application.-The VICE-CHANCELLOR: That was a
Let it be done.-Fry again moved to
turned over to prison, and that they do pay the costs of
motion of course.
discharge the defendants upon the same grounds as above
stated, and that the order had been complied with.-The
VICE-CHANCELLOR: Your motion I have heard and re-
fused, and the defendants must pay the costs of this

application.-The defendants immediately appealed to the
should be heard on Saturday, and that the defendants
Lord Justice Cairns, and it was arranged that the appeal
should for the present be discharged, they undertaking to
surrender themselves on the hearing of the appeal.

The Lord Chief Justice of Her Majesty's Court of Common Pleas at Westminster has appointed James William Grant Wollen, gentleman, of the firm of Michelmore and Wollen, of Torquay and Newton Abbott, in the county of Devon, to be a Perpetual Commissioner for taking the acknowledg-company included in his certificate of the 25th March last, ments of deeds by married women in and for the county of Devon.

Re THE SPITALFIELDS SILK MANUFACTURING COMPANY.— Babington moved on behalf of the official liquidator that to produce certain books and other documents, might be the order made on the 5th July last, which directed him discharged; and that the chief clerk be directed to proceed to make a call upon all the contributories of the to the amount of the sums remaining unpaid.-Brooksbank opposed the motion, on the ground that the books and

V. C. WOOD'S COURT.
Reported by W. H. BENNET and R. T. BOULT, Esqrs.,
Barristers-at-Law.

BUSINESS OF THE WEEK.
SITTINGS AFTER TRINITY TERM 1867.
Thursday, Aug. 1.

CROSSLEY V. LIGHTOWLER-This was a motion to commit the defendants for a breach of an injunction granted by suffering any foul water to flow from their dye works into his Honour, restraining the defendants from causing or the river Hebble, above or within the limits of the land defendants.-Giffard, Q. C. and C. Hall appeared for the (adjoining the river) purchased by the plaintiffs from the defendants contra-The VICE-CHANCELLOR said he thought plaintiffs in support of the motion-Kay, Q. C. for the that there had been a clear breach of the injunction, but that it would be sufficient under the circumstances to make the defendants pay the costs of the present appli

cation.

BOVILL. SHALLCROSS-This was an application on behalf of the defendants in a number of suits instituted by the plaintiff in respect of his patent, against the members of the Manchester Association of Millers, for consolidating the several suits.-Sir R. Palmer, Q. C., Little, Q. C., and W. N. Lacson appeared in support of the application.-Druce, Q. C. and F. Harrison appeared for the plaintiff, contra, and submitted that this was an attempt to evade the effect of the decree made in Bovill v. Crate, that as the defendants had not stated the nature of their process, the case was not ripe for a consolidating order; and that it only ought to be made after granting the plaintiff an interlocutory injunction.-The VICE-CHANCELLOR granted an injunction until the hearing or further order, and made what was in substance an order for consolidating the suits.

HITCHCOCK V. HOBERN.-This was a motion to restrain the defendant from committing a nuisance by burning bricks in a field within seventy yards of the plaintiff's house.-W. M. James, Q. C. and Langley appeared for the Injunction granted. plaintiff in support of the motion-Druce, Q. C. for the defendant.

THE LONDON, CHATHAM, AND DOVER RAILWAY COMPANY v. Part heard. THE SOUTH-EASTERN RAILWAY COMPANY.

Friday, Aug. 2.

THE LONDON, CHATHAM, AND DOVER RAILWAY COMPANY v. THE SOUTH-EASTERN RAILWAY COMPANY.-This was a motion to restrain the defendants from carrying into effect, or acting upon an agreement for amalgamation with the London, Brighton, and South Coast Railway, recently entered into, and generally to restrain the defendants from doing an act in breach of their continental traffic agreement with the plaintiffs, and from entering into any agreement or arrangement, inconsistent and incompatible with the performance by the defendants of their part of such continental traffic agreement.-Giffard, Q. C. and A. G. Marten appeared for the plaintiffs in support of the for the defendants, but were not called on. application.-Sir R. Palmer, Q. C. and H. C. Phear appeared

Application refused.

THE ATTORNEY-GENERAL 2. TOSSELL-This was an information at the relation of the Tottenham Board of Health to restrain an alleged public nuisance arising from brick burning, and an interlocutory injunction was now applied for. Some of the affidavits in support of the application were only filled on the 29th of last month.-Kay,Q. O. and Waller appeared in support of the application; Rendall for the defendant, contra.-The VICE-CHANCELLOR said the defendants must be allowed time to answer the affidavits, and gave the defendants till Wednesday, Aug. 7. MERCER V. SAWYER.

Saturday, Aug. 3.

Part heard.

MERCER v. SAWYER-This was a motion on behalf of the

were creditors' assignees of the estate and effects of Messrs. Kinloch and Hollin, cottonspinners, of Primrose-mill, Church, near Accrington, in Lancashire, from plaintiff, for an injunction to restrain the defendants, who selling property comprised in a bill of sale dated Sept. 5, 1866, given by Messrs. Kinloch and Hollin to the plaintiff. -Little, Q. C. and Swanston appeared for the plaintiff; De Gex, Q. C. and Jemmett for the defendant.

Injunction granted to restrain the defendant from interfering with the property comprised in the bill of sale. TICHBORNE v. MOSTYN; TICHBORNE . TICHBORNE.-The motions against the editors and publishers of three Hampshire newspapers, the Southampton Times, the Hampshire brought before the court by Giffard, Q. C., who stated that Chronicle, and the Hampshire Independent, were again it been discovered by the plaintiff, that without his sanction a too zealous agent had circulated copies of the bill and affidavits which had been innocently used by the Hampshire newspapers; the plaintiff therefore preferred to abandon the motions, and to pay the costs occasioned by them.-C. J. Shebbeare for the Southampton Times; W. W. Cooper for the Hampshire Chronicle; and J. Napier Higgins for the Hampshire Independent.

FIELD V. LEWIS.-This was a motion on behalf of Messrs. J. and C. Lewis, the manufacturers of the "United Service Soap Tablets," for an injunction to restrain the defendant from selling soap which was a fraudulent imitation of the of the plaintiff; Kay, Q. C. and Dauney for the plaintiff. plaintiff's soap.-Druce, Q. C. and W. D Gardiner on behalf

Treated as motion for decree, and a perpetual injunction with costs made with consent of the defendant. KENT. THE FREEHOLD LAND AND BRICKMAKING COMPANY.-This was an application by the plaintiff to remove his name from the register of the company, on the ground of mis-statements in the prospectus.-Giffard, Q. C. and Locock Webb for the plaintiff; James, Q. C., Kay, Q. C., Druce, Q. C., Cracknall, F. J. Wood, and J. Napier Higgins appeared in the case. The VICE-CHANCELLOR directed that the plaintiff's name should be struck off the list of shareholders, and that an account should be taken of what he had paid to

until the fifth generation of his descendants came
into being, when it was to revert to them. Since
that time the land has been constantly increasing in
value, until it has at length reached an almost
fabulous sum. It was rented out on 100 year leases,
the manufacturing establishments with which it is
now covered paying the ground-rents to the putative
These wealthy companies
agents of the estate.
are not disposed to dispute the rights of legi-
timate claimants, but, on the contrary, would be
greatly pleased with an opportunity of clear-
HOTCHKIS-Nugent asked that an ordering the title of the ground on which they have
made by the M. R. might be varied by directing payment built from all incumbrances. Mrs. Connell had
but one child, who married Solomon Ingra-
were seven in number,
to the trustees, or any two of them; the trustees were the
ham. Their children
Ordered.
Lord Chancellor, Mr. Gaythorne Hardy, and Mr. Blake,
who was abroad.

TWINBERROW . BADGER-Shapter, Q. C. and Archibald
Smith moved to restrain interference with plaintiff's light
and air. The premises were situate in Worcester, and the
motion of Wheeler v. Badger.
motion related to the same subject-matter as the prior

THE SALE OF BREAD.-Eleven of the bakers at Salisbury have just been summoned before the city magistrates and fined for selling bread otherwise than by weight. A half-gallon loaf was purchased by the summoning officer at each of the defendants' shops, and it was found that the deficiency in weight in each ranged from oz. to 6oz. It was intimated that the full penalty would be imposed in any future cases brought before the bench.

The Bucks Herald reports that at the county assizes this week, in the case of a young man tried remaining in possession. A winding-up order had been for manslaughter, the jury, after considering their verdict for more than a quarter of an hour, announced made under supervision by Stuart, V. C. The matter in question was 1472-Cutton, Q. C. and Ellis opposed: Ren"not guilty." The Lord Chief Justice inquired "on shaw, jan., for the sheriff; Fry, as amicus curie, said this by their foreman that they found the prisoner court hd jurisdiction.-The VICE-CHANCELLOR sai! the oficial liquidator had ample assets, and on his retaining what grounds they had arrived at that conclusion? on which one of the jury rose and said, "I have not 2007, let the motion stand over, the sheriff withdrawing. Lermitte r. WEESTER —Jackson asked for a receiver in a agreed to it, my Lord, I consider the prisoner guilty," foreclosure suit; the plaintiff was the second mortgage-causing considerable clamour amongst the other jurymen. His Lordship then refused to accept their verdict, upon which they were locked up. They returned to the court in a short time, when the same foreman gave the verdict of the twelve, "guilty." with a recommendation to mercy.

DAMAGES FOR DISHONOURING A CHEQUE-A the Staffordshire Assizes on Thursday, Mr. David Pratt, a mineral merchant, residing at Handsworth, near Birmingham, obtained a verdict for 501. against the Staffordshire Joint-Stock Banking Company, carrying on business at Walsall, in a suit for compensation from the defendants, for damages sustained by their refusing to honour a cheque drawn by him self as a customer of the bank, they having at the time a balance in hand sufficient to meet the same. The fruitless defence set up was that at the time the

Re BAXTER'S WILL-T. C. Wright asked that this unop- account with the plaintiff was opened it was stipulated that the defendants should retain a margin in posed petition might be in the paper to-morrow.

and as their descendants have now reached the fifth
being
generation from Joseph Wilson, an effort
made to secure the benefits conferred upon them by
their ancestor. Among the numerous heirs are the
families of Mr. W. J. P. Ingraham, of this city, and
York. For twenty years past the will was diligently
Judge Ingraham, and the Livingstone family, of New
searched for, as it and other documents pertaining
to the estate were known to have been brought to
this country, and were in the possession of Solomon
At this period Lord
Ingraham in the year 1803.
Erskine estimated the income of the estate at 40,0007.
About the year 1808, however, Joseph
sterling.
and is supposed to have taken the papers with him.
Ingraham removed from Massachusetts, to the West,
Last fall a meeting of the heirs was held at the Astor
House, New York, and a reward of 20,000 dollars
was by them offered for the recovery of the missing
will. Extensive advertising has at length brought
this curious and valuable document to light, and
the next step in the proceedings is a meeting of the
heirs at the Astor House, New York, on the 24th
July next.-Philadelphia Telegraph.

MERRIMAN . GOODMAN.-Bristowe asked that in this their hands of one-fourth of the amount of the bills / girls, or 67 per cent., were known to be doing well;

deposited.-Manchester Courier.

THE TOWN OF LEEDS CLAIMED BY AMERICAN HEIRS.-Many years ago, one Joseph Wilson, of Yorkshire, England, was the owner of a farm of 600 acres, on which the greater portion of the thriving manufacturing town of Leeds now stands. The daughter and sole heir of Joseph Wilson married a Mr. Connell, and removed to Boston, Massachusetts, before the Revolution, thereby greatly displeasing her father. The latter, on his death, left a will, by the terms of which his estate was to accumulate