AUG. 17, 1867.] ministerial in their character, and not, as in the case of clerks of the rules, bringing the masters into immediate contact with the judges. There does not therefore appear to be any good grounds for the argument that it is desirable to shift the responsibility, as to the qualification and conduct of those officers, from the executive to the judges.-Irish Law Times. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. EQUITY PRACTICE-BILL NOT BONA FIDE.The plaintiff having lost money by speculations in the shares of a company, consulted with his solicitor and other persons as to filing a bill to impeach, on the ground of fraud, certain alleged transactions of the company and its managing director, he being not at that time a holder of any shares, he bought five only three days before his bill was filed, long before which it was prepared, and he bought them for the purpose of enabling himself to file a bill. The bill was then filed seeking to set aside the transaction. Before they had put in a sufficient answer, the defendants moved to take the bill off the file, on the ground, first, of the plaintiff's conduct; secondly, that his interest in the subjectmatter was too small to sustain a bill; and thirdly, that by subsequent resolutions of the company it was being wound-up, and the subject-matter at an end. Held, that until a sufficient answer was put in, it could not be assumed that the charges of fraud were groundless, and that the plaintiff's conduct was not such as to deprive him of all right in the suit; secondly, that as his bill was filed on behalf of himself and all other shareholders, the objection on account of the amount of his interest could not be sustained; and thirdly, that as the winding-up proceedings were subsequent to the institution of the suit, and were, so far as they were then contemplated, impeached by the bill, the motion must be refused with costs: (Seaton v. Grant, 16 L. T. Rep. N. S. 758. Ch) EQUITY PRACTICE-EVIDENCE-Before notice of motion for decree or replication filed, a witness was subpoenaed by the plaintiff to attend On the day appointed for before the examiner. the examination the defendant, by counsel, attended, and before the witness had been sworn, objected to the course pursued as irregular in the then stage of the cause, and at his request the witness refused to be examined. The plaintiff subsequently filed replication, and then having obtained an order at the Rolls, set down the objection of the witness to be heard as a demurrer, and in that form the question came before the court to be argued: Held, that the objection taken on the part of the defendant was good: Held, also, that the plaintiff was not entitled to treat the refusal of the witness to be examined as a demurrer, but that his proper course was to have applied at chambers or in court for an order that the examination should be proceeded with: (Rendle v. The Metropolitan and Provincial Bank, 16 L. T. Rep. N. S. 764. V. C. S.) THE LAW TIMES. PROVINCIAL STARCH COMPANY (LIMITED).—— CREDITORS UNDER ESTATES IN CHANCERY. Middlesex, Sept. 16: Cookson, Wainewright, and Co., Νον. 4; ARCHBUTT (Samuel), Effingham-house, West-hill, Putney- BUSH (W. M.), 9, New King-street, Bath, Esq. Oct 29; CANE (Maria), Cheltenham. Oct. 7; Bridges, Sawtell, Hey- DUKE (W.). 29, Jewry-street, Aldgate, London, tailor. Nov. 15; FLOWER (lly.). 3, Peel-terrace, Dyke-road. Brighton, gentle- Fox (Henry), Nightingale-laue, Clapham, Surrey, gentle- GREAT EASTERN RAILWAY COMPANY. Oct. 10: Merriman and at ucon. HOLDEN (Wm.), North-grove. Great Malvern, Worcester- JACKSON (Erasmus), Elm-grove, Sonthsea. Sept. 30; G. C. Stigant, solicitor, Portsea. Nov. 2: V.C. W., at noon. don, licensed victualler. Oct. 19: Walter and Moojen, noon. KILLMASTER (Richd), Swinbrook, Oxon, farmer. Oct. 22; Oct. 29: London. Nov 2; V C. S., at noon. the forenoon. PARK (John), Fraserburgh, Aberdeen, Scotland, merchant Oct. 26; T. HERBERT (Thos.), Harleston, Northamptonshire, farmer and HONE (John), Marylebone-road, Middlesex, tallow-chandler, HUGHESDON (Andrew), Prince-street, Deptford, Kent, wood INGLEFIELD (Fredk. W.). Marchington, Staffordshire, a LITTLE (Anna V.), Bloomfield, Old Charlton, Kent, widow. MOORE (Thos.), Burnley, Lancashire, cottonspinner. Oct. 1; NEWTON (Michael), White-hill, Reddish, Lancashire, cotton- PARTRIDGE (Joseph), 6, Spencer-villas, St. James's-road, POMFRET (Right Hon. G. W. R.), Earl of, Easton Neston, widow. Oct. 1; J. Murray, solicitor, 7, Whitehali-place, SHEPPARD (Maria), West-street, Fareham, Southampton. SPENCER (John), Burnley, Lancashire, cottonspinner. Oct. TAPPEN (Mary Ann), Bradshaw-house, Lewisham-road, Great Smith-street. Westminster. modeller. Sept. 12; F. Robinson, solicitor, 36. Jermynstreet, Westminster. VIEL (Elizabeth), 50, George-street. Euston-square. Middle- UNCLAIMED STOCK AND DIVIDENDS IN THE GRAY (Abigail), Paradise-street, Rotherhithe. widow. 3001, SMITH (Sarah), widow, BrsHBY (George), gentleman, and JUDGES' CHAMBERS.-The vacation judge, Mr. Baron Bramwell, has announced that he will sit the long vacation. only on Tuesdays and Fridays in each week during CHIEF CLERKS IN CHANCERY-On Tuesday Mr. Edwards, chief clerk to Vice-Chancellor Malins, took the summonses of the several Courts of Chancery for the vacation judge, and according to the present arrangement, will attend on Tuesday and Friday in each week, until relieved by Mr. Buckley, the other chief clerk of Vice-Chancellor Malins. An action for libelLIBEL ON A SOLICITOR. Jones v. Mackie--was tried last week at Manchester before Lord Chief Justice Bovill. The plaintiff is an attorney in Manchester, the defendant, proprietor of the Altrincham and Bawden Guardian. The libel consisted in the publication as an advertisement of a letter signed "P. Royle," from which it appeared that the writer had been secretary to the Mauchester Merchant Taylors' Company (in which RAMADGE (F. H.), 12, Clarges-street, Piccadilly, London, at noon. S. T. G. Downing, solicitor, Redruth. Nov. 22; V.C. W., STEVENS (John), Redruth, Cornwall, hotel keeper. Sept. 15; DIVORCE PRACTICE-WIFE'S STATEMENT.— Semble, that the statement of a wife as to the last time she had connection with her husband is inadmissible as evidence against her in a suit by the husband for the dissolution of marriage on the ground of her adultery; such statement falling within the rule which excludes the evidence of husband and wife as to non-access: (Inglis v. Inglis, 16 L. T. Rep. N. S. 775. Div. & M.) PRACTICE-FORM OF LEAVE RESERVED.-TROUP (James), Clifford's-inn, London, gentleman. Sept. 15; Notwithstanding that the form of leave reserved by the judge at the trial is to enter a nonsuit, the court above will, if it deems that course to be best fitted to doing justice between the parties, direct the verdict to be entered for the defendant on one issue, leaving the plaintiff in the undisturbed possession of the verdict found for him on another and substantial issue in the action: (Winterbottom v. Earl of Derby, 16 L. T. Rep. N. S. 771. Ex.) APPOINTMENTS UNDER THE JOINT-STOCK W. Weal!, solicitor, 5, Bell-yard, Doctors -commons, Lon- no m. WHITE (John), Park-hall, Derbyshire, Esq. Oct 1; Cun- CREDITORS UNDER 22 & 23 VICT. c. 35. BERRY (HY.), Burnley, Lancashire, plumber and glazier. BURTON (John), Lenton, Notts, b'eacher. Sept. 14; Ilunt and Son, solicitors, Weekday-cro 8, Nottinghain. COLE (Wm. W.), Newstead, Lincolnshire, gentleman. Oct. Stockport. Sept. 24; J. L. Vaughan, solicitor, Tiviot Dale, and in which the following passage occurred :- advertisement which appeared in our impression of the 25th ult, with the signature of P. Royle,' which represents the name of a well-known auctioneer and sheriff's officer in the same city. Mr. Jones is unknown to us even by name, and we are sorry if his reputation has suffered by the insertion of an advertisement in the Guardian. We have explained to him that it was inserted in the ordinary course of business, and on the usual terms; but he appears to be dissatisfied with our explanation, and threatens an action. If the object of the proceedings be to vindicate his character, it strikes us that the most effectual mode of doing so would be to raise the question with the avowed author of the advertisement complained of, instead of with the proprietor of a newspaper in which it has been unwittingly inserted, and who disavows, as we do here, any reflection on Mr. Jones's character, or even a knowledge of the circumstances to which he alludes." In addition to this the defendant sent a private letter to the plaintiff, offering to insert any further notice of the transaction consistent with his own integrity, but the plaintiff preferred going to law and replied by the issue of a writ. The defendant then paid 5. into court. The jury returned a verdict for 20s. more, but the Lord Chief Justice declined to certify that the libel was malicious, and so the plaintiff did not get his costs. THE BENCH AND THE BAR. ASSIZE INTELLIGENCE. MIDLAND CIRCUIT. Leeds, Ang. 2.-The commissions for the West Riding were opened yesterday, at the Town-hall, by Mr. Maule, Q. C. The calendar contains the names of 69 prisoners, but the offences with which they are charged are of a somewhat lighter character than is usual here. Of offences against the person, there is only 1 charge of murder, a case of infanticide, 6 of manslaughter-no unusual number here, where such cases are not uncommon-6 of rape, 2 of concealment of birth, 3 of wounding, and 1 of bigamy. The offences against property include 7 cases of robbery, 1 of housebreaking, 5 of burglary, 2 of embezzlement, two of arson, 9 of larceny, and 2 of false pretences. There are also no less than 5 charges of perjury, 3 of forgery, 3 offences against the bankruptcy laws, and 1 charge of obstructing a railway and endangering the safety of passengers. The cause-list is unusually large, and contains no less than 101 causes, of which 42 are marked to be tried by special juries. HOME CIRCUIT. Ipswich, Aug. 12.-Both courts were opened this morning at ten o'clock. The business is very light in the Nisi Prius court, where the cause-list shows only 6 causes, 5 of which are marked for common juries, and are all, save one, undefended, and that, after a short hearing, was settled by agreement. The calendar contains the names of 28 prisoners, of whom 1 is charged with child-murder, 2 are charged with arson. 5 with burglary and housebreaking, 3 with rape, 1 with bestiality, 1 with libel, and the rest with minor offences. NORTHERN CIRCUIT. Liverpool, Aug. 14.-Their Lordships arrived here from Manchester and opened the commission yesterday afternoon. The cause-list contains 118 causes, of which 45 are special juries. The calendar is also heavy, containing 65 cases, of which 8 are murder, 7 forgery, rape, and there are 2 cases of endeavouring to upset trains on the North-Western Railway. OSBORNE, AUG. 3.-At the court at Osborne-house, Isle of Wight, the 3rd Aug. 1867; present-the Queen's Most Excellent Majesty in Council. This day Sir John Rolt, Knight, and Sir Robert Joseph Phillimore, Knight, were by Her Majesty's command, sworn of Her Majesty's Most Hon. Privy Council, and took their places at the Board accordingly. The Queen was this day also pleased to confer the honour of Kuighthood upon William Henry Bodkin, Esq., Assistant Judge of the Court of Sessions, Middlesex. PATRIARCHS OF THE LAW.-"Dod's Book of Dignities" affords the following extraordinary instances of longevity among our great men of the law: Ex-Chancellor Brougham, 89 years: ExChancellor St. Leonards, 86; Ex-Chancellor of Ireland, Blackburne, 85; Ex-Judge Lord Wensleydale, 85; Ex-Chief Justice of Ireland, Lefroy, 91; ExChief Baron Pollock, 84; Acting Judge of Admiralty, Lushing.on, 85. Total age of seven persons, 604 years. This gives an average to each of more than 86 years and five months. But if the exact birthday was given, it is probable the average would reach 87.-Times. LORD BROUGHAM.-The Carlisle Journal, reporting Lord Brougham's arrival at Brougham Hall, says :"His lordship appeared to be in a very feeble condition, considerably more so than on his visit last year, and it seemed to required all his exertions, with the assistance of his valet, to get out of the carriage. Having descended to the platform he sat down in a chair until the train passed, his only inquiry being as to the state of the weather, and he was then carried across the line on another chair brought for the purpose. With the assistance of his valet he walked the short distance to his carriage which was in waiting for him, and having been assisted inside, he was driven to Brougham Hall. We are informed that his lordship was in as good health as could be expected, but he was suffering from the fatigue occasioned by his journey from London. Lord Brougham will attain his ninetieth year on the 19th Sept. next. his office on the same tenure and conditions as any of the judges of the Superior Courts at Westminster. He is irremovable except by an address of both Houses. That is a public and open proceeding; nor would either House concur in voting such an address without having definite charges of incompetency or malversation before them, and without also giving the arraigned judge an opportunity of defending his conduct. Mr. Kelly may or may not be fit to discharge the enlarged duties of the Irish Court of Admiralty. On that point we express no opinion. But it is clearly important that nothing should be done to weaken the barriers which have been set up to guard the independence of our judges, and to place them beyond the control of the executive. MAGISTRATE AND PARISH LAWYER. SIR W. H. BODKIN.-The justices of Dover have presented an address to Sir W. H. Bodkin, the assistant judge of the Middlesex sessions and recorder of Dover, expressing the high gratification with which they have heard that Her Majesty had-Pall Mall Gazette. been pleased to confer upon him the honour of kuighthood. The justices says:-"It will ever be a ssurce of pride for us and all the inhabitants of this ancient Cinque Port to remember that one who has received so distinguished a mark of Her Majesty's favour has been for many years associated with this borough in the highest judicial capacity; and while we have watched with admiration your wise, firm, and impartial administration of justice, we have individually, the most pleasurable recollections of the unvaried courtesy and kindness we have experienced at your hands. We earnestly trust that your judicial career may yet be continued, not only in connection with this borough as our recorder, but also in that still higher position which you so worthily fill as the assistant judge." SUICIDE OF A JUDGE.-Annery, in the parish of Monkleigh, about four miles from Bideford and two and a half from Torrington, in the reign of Henry V., belonged to Sir William Haukford, Chief Justice of England, of whom it is said that he was so overwhelmed by the troubles of the times that he wished for death, but not choosing to die by his own hand, he devised this extraordinary scheme to hasten his end-sending for the keeper of his park at Annery, he scolded him for not being more vigilant, and gave him strict orders to shoot any man whom he should meet with in the park at night, if he refused to answer or to give a satisfactory account of himself. Having given this charge, he walked out in his park the same night, it being then very dark, and met, as he intended, his certain destruction.-The Deer Parks of England. CARRIAGE ACCIDENT TO LORD CAIRNS. On Friday week Lord Cairns and family, who are at present residing at Murthly Castle, left that place in a carriage and pair, accompanied by Mrs. Graham, wife of Mr. Graham, M.P. for Glasgow, for the purpose of enjoying a picnic in the neighbouring grounds of Stobhall. On reaching the entrance gate to Stobhall, one of the horses took fright, shied, and brought the carriage into so violent contact with one of the gate posts that the carriage pole broke. This had the effect of taking the horses out of the control of the driver, and they again dashed against one of the gate posts. The coachman and one of the sons of Lord Cairns, a youth aged about seven years, who had been seated beside the coachman, were thrown to the ground, where they lay quite insensible. Meanwhile, the horses, with the shattered vehicle and its frightened inmates, went off at a furious rate along the avenue. [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. CRIMINAL LAW-NEW TRIAL-PRACTICE— EVIDENCE-A new and curious question has been decided by the Privy Council. A prisoner was tried in Australia. The jury, not agreeing, were discharged, and a new trial had. At the second trial, with the prisoner's consent, and to shorten the proceedings, the witnesses were sworn, and their evidence given at the first trial was read from the judge's notes, liberty being given, both to the prosecution and to the pri soner, to examine and cross-examine them. It was held that this was an irregularity not to be cured even by the prisoner's consent. In the same case it was also held, that there was no power in any court to grant a new trial in cases of felony, Reg. v. Scaife, 17 Q. B. 238, notwithstanding; and also that an appeal lies to the Privy Council from the judgments of the colonial courts in criminal cases: (Reg. v. Bertrand, 16 L. T. Rep. N. S. 752. Priv. Co.) HIGHWAY-EVIDENCE OF USER.-Evidence was given of acts of user extending over a period of seventy years, but it also appeared that during that time, and for seventy years previously, the farm over which the way in question passed had been under lease. The judge was held rightly to have directed the jury that they might, if they pleased, presume that the way had been dedicated to the public by the defendant's ancestor before the commenceThe Earl of Derby, 16 L. T. Rep. N. S. 771. Ex.) ment of the first lease in 1725: (Winterbottom V. THAMES POLICE COURT. upwards of four years, presided to-day for the last Mr. Partridge, who has been the magistrate for time. In the evening the solicitors practising before the court were present to bid him adieu. Mr. Charles Young, on their behalf, thanked him for his uniform kindness and courtesy, and expressed their best wishes for his health, happiness, and prosperity. The avenue takes an abrupt turn, and Lord Cairns knew that unless this turn was taken the carriage would be dashed over a precipice of considerable Mr. Partridge said he had been transferred to the height. He, therefore, with great presence of mind, Southwark Police-court at his own request, because and at considerable danger to himself, crept to the the business there is generally very much like what front of the carriage, and with the aid of his umbrella got hold of the reins and controlled the horses that it is much lighter. He found the continued it is in the Thames Police-court, with this difference so far that the turn was taken with safety. The animals rushed on in their mad career past Stobhall-strain on his attention and the great amount of the house and stables, and were rapidly nearing another had induced him to make a change. He had to business was detrimental to his health. That alone precipice when his Lordship by a great effort succeeded in drawing them into a hedge, where the return his best thanks to the practitioners before the carriage upset, but happily none of the party were court for their good wishes, and also to the officials, seriously injured, although, of course, the ladies especially to Mr. Livingston, the chief usher, for his valuable advice and assistance. were very much alarmed. The coachman is a good deal shaken, but he is not supposed to have received any dangerous injury. Lord Cairns' son also escaped serious injury, but he was much frightened and his nervous system received a severe shock. JUDGE KELLY.-The Government have now passed through the House of Commons their Bill for the improvement of the Court of Admiralty in Ireland; and it is on the whole a sound and useful measure. But under cover of effecting a legal reform the Ministers have inserted a clause which appears to be somewhat unconstitutional, if not an injustice towards the present judge of the court. By the fourth and fifth sections, it is proposed to be enacted that the judge shall be dismissed from his office. Now, the dismissal of a judge by Act of Parliament, and without being allowed a hearing, is, we believe, without a precedent. Mr. Kelly took the office under the Irish statute 23 & 24 Geo. 3, c. 14. By the first section the judge is "to hold the office so long as he shall behave himself well therein; " and by the second it is provided that "it should and might always be lawful for His Majesty, his heirs and successors, to remove such judge upon address of both Houses of Parliament.' It is clear, then, that the judge of the Irish Court of Admiralty holds CATTLE PLAGUE. ORDER OF COUNCIL At the council chamber, Whitehall, the 19th day of July 1867. By the Lords of Her Majesty's Most Honourable Privy Council. Present: Lord President, Earl of Devon, Lord Robert Montagu, Mr. Wilson Patten. Whereas by an order of Her Majesty's Privy Council, bearing date the twenty-fourth day of March one thousand eight hundred and sixty-six, duly issued under the authority of the Act passed in the session of the eleventh and twelfth years of Her Majesty's reign, intituled "An Act to prevent, until the first day of September one thousand eight hundred and fifty, and to the end of the then session of Parlia ment, the spreading of contagious or infectious disorders among sheep, cattle, and other animals," which Act has been continued until the first day of August next, and the end of the then next session of Parliament, by divers statutes, and lastly by an Act of the last session of Parliament, and made by the Lords of the said Council in relation to the contagious or infectious disorder generally designated as the "Cattle Plague, which then prevailed in certain parts of England, the said Lords of the AUG. 17, 1867.] the other: Council did thereby make provisions to regulate the And whereas the said licence, called the "Store Stock Licence," can be signed and issued only by a justice of the peace having jurisdiction in the place from which the cattle are to be moved: And whereas the said cattle plague still exists in some parts of England: And whereas is expedient to make further regulations with regard to the signing and issuing of such last-mentioned licence: Now, therefore, the Lords of Her Majesty's Council do hereby order as follows: 1. Any local authority may appoint any person, other than a justice of the peace, to sign and issue the licence in the said order of the eighth day of August one thousand eight hundred and sixty-six, called the "Store Stock Licence," and any such licence so signed by any person so appointed as aforesaid shall, for the purposes of any order of the said Lords of the Council, issued under the authority of the said Act, be available as a Store Stock Licence signed and issued by a justice of the peace, under the said order of the eighth day of August one thousand eight hundred and sixty-six, but the form of the said licence must be altered accordingly. 2. Provided that it shall not be lawful, under any THE LAW TIMES. houses of the former class, and 851 convictions of shown to be then unfit to be vaccinated, or to be PRISON DISCIPLINE.-A very curious point has Both these cases FLOGGING GARROTTERS.-The punishment of the cat has been inflicted upon two prisoners named John Smith and John Crawley, in one of the yards of Newgate, in the presence of the governor, the Smith was convicted of being were very bad ones. sheriffs, and the under-sheriffs. concerned with others in a most brutal attack upon Mr. Begbie, a solicitor, residing in New Ormondstreet, Bedford-square, while he was upon the steps of his own door about ten o'clock at night, and during the attack the prosecutor had his shoulder was under surgical treatment for a considerable time. dislocated, and was otherwise seriously injured, and This prisoner was also convicted for offences of a similar character in company with the other man, Crawley, the robbery being committed upon a gentleman in Percy-street, King's-cross, in the sight of a policeman in plain clothes. The prisoners were such licence so signed and issued under the authotried by the Common Serjeant, who sentenced Smith rity of this order, to move any cattle out of the disto undergo twenty lashes with a cat-o'-nine-tails, trict of the local authority in which the same shall be at the time when the licence is granted, except and then to be kept in penal servitude for ten years, into a district of a local authority adjoining the disof lashes, and then to be kept in penal servitude for trict from which it is desired to move such cattle, and the other prisoner to receive the same number The punishment was inflicted by and no such movement shall be lawful except with Calcraft, and the culprits shrieked out violently the consent of such adjoining local authority, to be It will be recollected that during the operation. signified by indorsement in writing by some person purpose. another prisoner, named George Dundas, who was appointed by such local authority for this 3. The local authority appointing any person to man named Thorne, one of the collectors to Messrs. issue such licences under this order shall give notice convicted of a robbery with violence upon a gentleto the Privy Council of the appointment of such was also sentenced to receive the punishment of person, and it shall be competent at any time for the Young and Bainbridge, the brewers, at Wandsworth, said Lords of the Council to rescind any such ap-flogging, but it appears from inquiries that have been pointment so made by the local authority, and no licence signed by such person after the said lords shall have rescinded his appointment shall be valid. 4. This order shall be construed in like manner as the order of the twenty-fourth of March one thou sand eight hundred and sixty-six; and all the pro visions therein contained relative to the offences for the contravention thereof, and the penalty for the same, and the provisions of the said order in regard to the powers of officers employed under that order and all other provisions of that order, and the subsequent orders altering the same now in force and not inconsistent with anything herein contained, shall in respect of every matter to which they may be applicable apply to the regulations contained in this order, and the enforcing of the same. (signed) EDMUND HARRISON. The last of the celebrated Bow-street runners, Mr. Lee, aged seventy-six, well known from the fact of having captured Corder for the murder of Maria Martin in the "Red Barn," died on Tuesday week. Three years ago, when a theatrical benefit was given for him, he took the "original part" of the runner, and again made a capture of the murderer. TRADES UNIONS.-The New York Tribune of the 1st inst. says:-"The English Trade Unions appear to be the most unmitigated despotisms in the world. Even since the Broadhead exposures, a unionist of Sheffield has been arrested for threatening to blow up a fellow-workman who refused to pay to the trade, and in another place four bricklayers were brought before a magistrate recently for attempting to throw one of their comrades off a scaffold and severely assaulting him, because he had violated a rule of the union by shaving off his moustache. That free men can voluntarily enter associations which claim such a preposterous authority over the actions of individuals is to Americans almost incredible. There is something evil in the condition of the English working men which we can hardly appreciate." REFRESHMENT HOUSES.-The number of refreshment houses in England having wine and beer In Birmingham licences increases year by year. there were but 42 in 1862, there were 148 in 1866; in Manchester there were 73 in 1862, 181 in 1866. In this latter year there were in England 350 refreshment houses with licences for the sale of wine only, and 2026 with licences for the sale of wine and In the last six beer to be drunk on the premises. years there have been 53 convictions of keepers of seven years. grounds for believing that he is innocent of the crime the Crown. NEW VACCINATION ACT.-In the Act to consoli date and amend the laws relating to vaccination, award of the Lords of the Council relates. The vacci- CONVEYANCER. NOTES OF NEW DECISIONS. DEVISE - MORTMAIN.-B. devised his real estate in trust for his widow for life, and after her death to sell same, and out of the proceeds to appropriate the sum of 6000l., of which 30007. was to be given to certain legatees. C. purchased the reversionary interest in those legacies, and by her will bequeathed her personal estate to charitable purposes. At her death she was also entitled to 2507. for rent or royalties for working a mine. The widow of B. was still living. The bequest of the 3000%. was held to void under the Statute of Mortmain, and the be in fact a devise of an interest in land, and 2501. was held to be pure personalty: (Brook v. Badley, 16 L. T. Rep. N. S. 762. M. R.) WILL-CONSTRUCTION.-A will directed that in default of appointment, &c., certain legacies should go " to the next personal representatives of such of the legatees so dying as aforesaid." The nearest of kin were held to be entitled upon and administrators: (Stockdale v. Nicholson, 16 such default happening, and not the executors L. T. Rep. N. S. 767.` V.C. M.) MORTGAGE BY HUSBAND OF WIFE'S INTEREST IN REDEEMED LAND-TAX.-A testator, in the the form prescribed by the Land Tax Acts, and lifetime of his wife, by deed-poll, according to yearly land-tax, which had been created by a duly registered, professed to assign a sum of redemption of that tax for a considerable sum 31004, reserving the equity, of redemption to to secure another on estates in Somersetshire, as a mortgage for himself. The mortgage was subsequently paid Out of the land-tax the advance of 30007. off, and duly transferred trustees paid the interest on the first mortgage and part of the interest on the second. The property had been originally devised and bequeathed to the wife for her separate use, and separate estate, the amount of the said mortgage, and a proportionate sum of the second, as having been improperly paid by the trustees of the husband out of the personal estate: Held, that the first mortgage was a simple mortgage, and did not affect the wife's interest in the land-tax was the property of the wife subject to the payredemption-money: Held also, that the land-tax ment of the mortgage-debt: (Pigott v. Pigott, 16 L. T. Rep. N. S. 766. V.C. W.) she now claimed, in respect of her right to such COUNTY COURTS, Question as to renting Pews in a Parochial Chapel. His HONOUR.-This action was brought to recover the sum of 14s., being two years' rent of a pew in Kirby Chapel, in the parish of Walton. The plaintiff, formerly a resident at Kirby, but who has not resided there for the last twenty years, proved that the defendant had occupied the pew in question for thirty years; that during the whole of that term she had paid pew rent at the rate of 78. a-year, for the for the second portion, since the death of his grandfirst portion of the term to the plaintiff's grandfather; father, to the plaintiff's mother; and for the residue of the term since the mother's death, nineteen years ago, to the plaintiff himself. This state of things continued until the present claim arose, when on the plaintiff applying for the money the defendant THE NEW BANKRUPTCY LAW. [NOTE -Practitioners will oblige by forwarding new points decided by the County Courts, opinions of counsel, doubts and difficulties that may arise in their practice, and queries, for this departinent of the LAW TDIS.] refused to pay, stating that she had been advised so to do by the clergyman of the chapelry, the Rev. Robert Henry Gray, M.A. This was the case on the part of the plaintiff, and no documentary evidence was produced to show title to the pew, or how the title arose; nor was any Act of Parliament referred to or suggested creating or recognising any right to pew-rents in the chapel. The defendant's case was that Kirby is a parochial chapel, aud therefore subject in respect of pews and sittings to all the incidents of a parish church. In proof that the chapelry is parochial, Mr. Gray, the perpetual curate, produced the register running back for two hundred years, and showing that baptisms, marriages, and burials have taken place there during the whole of that period. The rev. gentleman also produced another register showing the style and title of the church-there stated to be the parochial chapel of Kirby. It was further proved that the church is repaired at the common charge of the inhabitants, although they also (as is not unusual under like circumstances) pay church-rate to the mother church. It appeared further that Kirby has its own churchwardens elected in vestry, and that there are both a clerk and a sexton. Surplice fees, moreover, are payable to the incumbent for his own use, and there is glebe land belonging to him. The present fabric, it seems, is about 100 years old, and learned work on the duty of church wardens) they manded possession of them, which M. had refused seated if seats can be afforded them." Pews, there- NOTES OF NEW DECISIONS. TRANSFER OF PROPERTY.-On the 13th Jan. M., a warehouseman, being possessed of a lot of Archangel mats lying in his warehouse, borrowed 7001. of the plaintiff, and gave bills of exchange for the amount, and at the same time delivered to the plaintiff a warehouse warrant in the following form: "13th Jan. Warehouse warrant for 16,000 Archangel cargo mats, now lying in my warehouse, which I will deliver to the order of Mr. P. Horncastle only, or hold on his account;" and also another document of the same date, purporting to give the plaintiff a general lien on the mats, with a discretionary power to sell them for the plaintiff's benefit. On the 4th March M. committed an act of bankruptcy, the mats being still in his warehouse; but on the 19th Feb., and on several occasions between that date and the 4th March, the plaintiff had de to give. On the 16th March M. was adjudicated a bankrupt, and the defendant, who was appointed assignee, claimed the goods in question, on the ground that no property in them passed to the plaintiff, and that, there having been no change in the possession, there could be no lien, and that, if the property had been changed, the goods were nevertheless in the bankrupt's order and disposition at the date of the bankruptcy: Held, on a special case, that there had been a complete transfer of the property to the plaintiff, and that after the plaintiff's demand on the 19th Feb., there had been no consent on his part to the goods remaining in the bankrupt's possession, and the plaintiff therefore was entitled to judgment: (Horncastle v. Thompson, 16 L. T. Rep. N. S. 774. Ex.) is, no doubt, in substitution of the original structure. There are three galleries, which have been erected at different dates, as occasion from time to time demanded, and, as may be presumed, by virtue of faculties obtained for the purpose. These galleries carry with them the same rights and liabilities on the part of the parson and the parishioners as belong to the other portions of the fabric. The facts thus proved on the part of the defendant clearly, as it seems to me, establish his proposition that Kirby is a parochial chapelry, and that (being so) it stands with respect to the interior arrangements and the seating of the parishioners in the same position as and is subject to all the incidents of a parish church; in fact, that it is in the eye of the law part and missioners may now, under the authority of the Act 19 & 20 Vict. c. 101, ss. 5 and 6, with reference to parcel of the parish church. Now, the primary question is whether, under the circumstances, there churches made into district churches since the passcan legally flow out of the church such an imposting of that Act, authorise the charging and levying of pew rents, but in these last-mentioned cases one as pew rent, because if there cannot, the case is disposed of, unless, indeed, the payment of rent by the half of the entire number of pews in the church is to be free. And further, in some parish churches pordefendant, firstly, to the grandiather, and secondly tons of the interior have been appropriated by to the mother of the plaintiff, and lastly to the plain- statute to the rector, who has a right to let the pews where a deed in the form of schedule D. has tiff himself, amount to an admission of liability by which the defendant is bound. I will consider the two questions in their order. With respect to the first, it will be necessary, though it be but the repetition o' what may be termed familiar learning to glance at the position of the parson and the parishioners. The freehold of the church is in the parson, whether firstly, of the belfry tower, or steeple; secondly, of the chancel: thirdly, of the nave or body of the church and the galleries therein; and fourthly, of the aisles. The repairs of the fabric (except of the chancel, the repair of which belongs to the parson, and of the private aisles, the repair of which falls on the owners) are to be made at the common charge of the parish Aud in certain cases the Ecclesiastical Com in those portions, and to demand and recover rents. Such rents in churches are the In like manner ground-rents are sometimes reserved under special Parliamentary powers for the purpose. There are also proprietory or dividend-yielding chapels, and chapels in connection with charitable institutions, built in like manner under Parliamentary authority, of which I say nothing, because they clearly form no part of what may be termed the church system, in the sense in which I am considering it. On the whole, then, I am of opinion that in the case before me there are not, and cannot be in point of law, pew rents. creatures of statute, without the aid of which they or chapelry, and the right of user of the church can have no existence, and in connection with Kirby during the performance of any of the services is in the parishioners. This being so, the law gives admittedly there is no such statute. The only other ground on which the plaintiff relies is the alleged adjurisdiction to the ordinary to regulate the use by mission of right by the continued payment by the de appropriating in his discretion the pews and sittings in nave, chaucel, and aisles amongst the parishioners. fendant of rent for the long period of thirty years. The answer to that contention is, that the payment of "The church," says Lord Coke, "is a place dedirent in this case is based upon no legal foundation. dated and consecrated to the service of God, and is common to all the inhabitants. It therefore belongs Parties have paid it in their own wrong, and it is their own fault if they pay any more. Such was the to the bishop to order it in such a manner as that the service of God may best be celebrated, and there language of Sir John Nicholl, in the case of Wyllie v. Mott and French, 1 Hagg. 29, and that language is be no contention in the church." But the jurisdicOn both tion of the ordinary is committed, in the first instance, strictly applicable to the present case. to the church wardens, the exercise of whose judg-grounds, therefore, the case of the plaintiff fails, and ment and discretion is subject to be questioned and the defendant is entitled to a verdict. Hull. After the very luminous judgment which corrected, if need be, by the superior authority of the bishop as ordinary. The actual exercise of the your Honour has delivered, perhaps you will allow office of churchwarden in relation to pews and seats me to correct a little error which you have repeated from the evidence of the plaintiff. He says that the defendant went to Mr. Gray, and that he advised her not to pay. Now, that advice ought to be attributed to me. I am a parishioner of Kirby, and have taken upon myself to investigate this question of pew rents, and it was I who advised the defendant not to pay, and not Mr. Gray. Mr. Gray declined to interfere. His HONOUR.- I have no doubt the gentlemen of the press who are here will give you the credit of being the means of putting an end to the practice out of which this action has arisen. (says Sir John Nicholl) is too frequently interfered Hull. I do not wish to take the credit upon myGray had been interfering between one parishioner self, but merely to remove the supposition that Mr. and another. His HONOUR.-The plaintiff is not a parishioner. Hull.-But there are parishioners who take these small fees. TRANSFER OF BANK OF ENGLAND STOCK.— The effect of the 197th section of the B. A. 1861, been executed, is to make the trustees as fully and as completely masters of the property, with all the incidents attaching to that ownership, as if the debtor had actually become a bankrupt. Messrs. P. and Co. in June 1866 assigned all their estate to trustees for creditors by a deed in the form of schedule D. to the Act of 1861; P. had then a sum of 5007. Bank of England Stock in his own name, but he died without transferring it to the trustees, and left no personal representative. The Bank, having regard to the transfer in their books; but it was held that, terms of their charter, refused to make the inasmuch as the deed provided that the estate should be administered as if in bankruptcy, the court had jurisdiction, under the above statutes, to order the Bank to make an entry in their books to the effect that the stock was the property of the trustees: (Re Sir C. Price, 16 L. T. Rep. N. S. 760. Ch.) IMPORTANT TO ALL IN DEBT OR DIFFICULTIES.-Consultation free.-Immediate prot et on obtained for the person and property, together with entire release from all accounts, debts, judgments, and liabilities, without imprisonment. Address Hamilton and Co., 97. Fleet-street, corner of Bride-lane, London, EC.-Bills of sale, settlemeuts, assignments, and transfers receive special attention. COMPLETION OF PURCHASE-APPORTIONMENT OF PROFITS AND OUTGOINGS.-In a contract for purchase of larded property a day between quarter-days was was said as to the apportionment of the rent, but the agreement provided that the outgoings up to the time fixed for fixed for completion; nothing completion should be cleared by the venilor, and that on completion the purchaser should thenceforth be entitled to the rents of the property, thereby necessarily implying that he was not to be entitled to any before that time. On settling, however, the purchaser (who was the tenant of the propert claimed to be entitled to the rent from the date of the contract, and to have the outgoings paid Hull.-Perhaps your Honour will allow your by the vendor up to completion, in accordance with the terms of the agreement. judgment to be published. His HONOUR. Certainly. I will hand it to the requirement was objected to on behalf of int reporters. His HONOUR.-I do not consider that such an interference would reflect upon the character of Mr. The first vendor, and the matter being disputed, the point AUG. 17, 1867.1 was referred to Mr. Joshua Williams, who gave a written opinion (which I have seen) in favour of the claim made on behalf of the purchaser. It was admitted that the contract did not in any way prejudice the vendor's rights, and the opinion therefore rested simply upon the law of the case in the absence of contract. With great diffidence I am constrained to think that Mr. Williams's opinion is not good law, and I shall be glad to learn what your Correspondents think upon the subject. I cannot J. M. S. find any case in point. 17 and 18, New Bridge-street. MIDDLESEX REGISTRY.—I have felt myself much indebted to a correspondent of the LAW TIMES, who a few weeks ago informed your readers that the officials of the Middlesex registry would now accept without demur or hesitation the legal fees, if tendered to them. I ask leave to return to the subject by stating that my experience confirms the statement of your correspondeut; and I wish that all my professional brethren would determine, as I did on reading that letter, to pay only the legal fees in future. I can assure them that they will not meet with the slightest incivility on the part of the registrars. In fact, they will soon arrive at the conclusion that if solicitors will voluntarily continue to pay the double fees formerly charged at the Middlesex Registry, and now becoming obsolete, they ought to do so out of their own pockets, and not at the expense of their clients. It may be useful to reiterate that the legal fees are one shilling on a memorial not exceeding two hundred words, and sixpence for every addiAll ordinary memorials tional hundred words. drawn with care can be brought within three hundred words. Then there is a charge of one shilling for the oath and one shilling for the indorsement on the deed, making the registry of au ordinary deed three shillings and sixpence, instead of seven shilIt is very doubtful lings as hitherto charged. whether the two latter charges of one shilling ench are strictly legal, but we are at present too much elated at reducing the fees by one half to investigate further. Perhaps some ingenious correspondent will take these two items in hand at a future time P. and ascertain their legality. London, Aug. 8. LAW CLASSES.-I am sure that those of your readers who are not already acquainted with the fact will rejoice to know that the Council of the Incorporated Law Society, who must admit the failure in every respect of the scheme which, regardless of the most important suggestions, they established for the conduct of the classes, and who cannot deny that, if they interfere at all, which both by the terms of the charter and for other reasons I submit it is incumbent upon them to do, they must do so effectively and in such a manner as to secure the confidence of the solicitors and the support of the articled clerks, have at length determined, after much consideration, to give to articled clerks the means and opportunity of acquiring a competent knowledge of the theoretical part of the duties of the Profession, by having the classes conducted for the future as it was always wished they should be conducted, in a proper and reasonable manner, and presided over by competent readers, who thoroughly understand their work, and know, from their own experience, what the articled clerk requires, and what, I contend, he ought to be able If I may be to obtain at the hands of the council. allowed to say so, great credit and many thanks are due to those members of the council who have now put their shoulders to the wheel, and in spite of some opposition and the old-fashioned notions of some of those members who are sure to be met with in every public body, and who, as a rule, oppose alteratious and improvements rendered necessary by the advances that have been made in civilisation and the ordinary progress of human affairs, have resolved that a proper scheme shall be propounded for the conduct of the classes, and that if they should possibly again fail, the fault will not rest with the Council, who in this matter of legal education have not hitherto shone out so well as I feel certain many members of the Profession could wish. The Common Law Reader is to be Mr. C. H. Anderson, who lately obtained two of the exhibitions awarded by the Inns of Court, and is the editor of the Legal Examiner, and otherwise well known as a sound lawyer, and, what is most necessary, a teacher of great ability, considerable success, and large experience. He is one of the prizemen of the Incorporated Law Society, and was an attorney, but is now a barrister. I know nothing of the other two gentlemen appointed as Readers in Conveyancing and Equity, but I understand that they are, as far as they can, to conduct their classes similar to the Common Law class, and that Mr. Anderson will, if he has not already done so, communicate with the other readers on the subject, so that all the classes will be conducted on very nearly the same principle. I believe the classes and lectures are to be combined and made dependent upon each other. For my own part, I think that the lectures might be dispensed with altogether, and that classes by themselves would work more satisfactorily and successfully than if connected with lectures; but this has doubtless been well consi THE LAW TIMES. I intend sending to the LAW TIMES in reply to [COPY.] "JAMES LOMAX." "Liverpool, 10th Aug. 1867. "TO THE EDITOR OF THE LAW TIMES. "Farries' Precedents of Bills of Costs, Vol. II. 1867. "Sir. Having for some time laboured hard to thoroughly understand what solicitors are allowed to charge their clients for transacting non-contentious business in the district registries of the Probranch in the above work, I naturally seized the bate Court, and on seeing bills of costs in that opportunity of asking the publishers of it if they had any authority for the extra items enumerated in my letter to your paper of the 27th ult, such as bills which had been seen by some of the officers of the court and passed, or taxed bilis, or the like; for the my mind. I fully agree with Messrs. Farries and preface of the book conveyed such an impression to most formidable enemy Son's remarks that taxed costs alone would not pay the solicitor; but we must remember that the Legal Profession has a to bills of costs for obtaining probate or letters of administration in the court itself, for personal applications are sanctioned, and the fees payable in such cases are fixed by a scale, and no will make the slightest difference in the sum payable number of attendances and no amount of trouble by the client. If the practitioner bears it in mind that the precedents are only suggestions on the part of the compilers, there is no doubt the book will be of great service to him, as it treats upon all branches and sets out fully the scale charges. Apologising for having troubled you, and thanking Messrs. "J. L. X." Farries and Son for their attention,-I am, &c., dered, and so we must for the present yield to the 78, Dean-street, Soho, Aug. 13. I have read Messrs. Messrs. Farries and Son request the favour of the insertion of the following correspondence:— NOTES AND QUERIES ON writers are sent with it, not necessarily for publication, but [N.B. None are inserte I unless the name and address a the as a guarantee for bond fides.] Queries. 295. LANDLORD AND TENANT-If a landlord has by the tenant's premises for three years' rent, and the sheriff afterwards seizes the same goods by virtue of a fi. ft., is the execution-creditor entitled to the goods distrained and GEO. seized on payment of one year's rent under 8 Anne, c. 14 ? 296, ARTICLED CLERK.-A. was articled on the 5th Dec. LEX. 1966. What is the earliest date he can present himself for his intermediate examination? 297. PROVISO IN WILL-Has a testator, to whom a legacy had been given, the interest on which he is receiv- during two lives in being and the survivor of them. Would 998. CONVEYANCING.-B. is owner in fee simple of certain premises and sells them to C. In the conveyance to C. the reversion clause is omitted, but all the estate clause is inserted very fully. C. has sold the same premises to D., bat D.'s solicitor declines to complete, on the ground that LEX. the reversion clause is omitted. Is the objection legal? Answers. (Q 287.) HUSBAND AND WIFE. There is no occasion for the two sons to be parties to the deed, they being mere "conduit pipes" for conveying the estate to whatever uses the husband and wife may jointly appoint. The wife W. P. need not acknowledge the deed: (vide Sug. Powers, 5th edit., p. 158.) (Q. 291.) MARRIED WOMAN.-The concurrence of the W. P. husband would in this case be necessary, the wife having uo power to appoint. of advertisements, are charged 2s. 6d. each, for which postage-stamps should be melosed.] "12, Water-street, Liverpool, 12th Aug. 1867. "Messrs. Farries and Son, 1, Child s-place, Temple, London. "Gentlemen,-I am in receipt of yours of the 11th inst., and in reply must say I think there must be some mistake here, as I have no ambition to From the wording annoy anyone, much less those whom I have never seen, nor am ever likely to see. of the preface of your book, I inferred the precePROMOTIONS & APPOINTMENTS dents were all copies of actual bills of costs which had been allowed by the courts; but to make sure before adopting them, I wrote you through the LAW TIMES (of whose review you have made such free. B-Announcements of appointments being in the nature use). inquiring the nature of authority you had, to which you replied, the precedents were merely your own suggestions, but had been very largely taken and followed by many respectable members of the Profession. I considered the matter rested there; and as I was rather busy at the time, I replied to your letter as shortly as possible, intimating only that I should answer yours to the LAW TIMES in due course, and then this morning I receive a letter, saying that I wish to annoy you, that I may write reason for it at all. I do think my sending my name as many letters as I like, &c. &c., without the least and address should have been a sufficient guarantee that my motives were neither frivolous nor intended to annoy, at least between gentlemen. Had I had time on Friday I would have sent you copy letter The Lord Chancellor has appointed Henry William Bainton, of Beverley, in the county of York, gentleman, to be a Commissioner to administer oaths in Chancery in Eugland. Mr. Edward Addis has been appointed by Malins, V. C., provisional official liquidator of Samuel official liquidator of the ULion Brick and Cement Bastow and Co. (Limited), engineers and ironmasters, West Hartlepool, and by Stuart, V. C., Company (Limited). NORFOLK CIRCUIT.-Mr. George Lathom Browne has been appointed a revising barrister on this circuit. |