832 c. 106 (which Act wisely makes the Poor Law Board permanent), and explained how useful and valuable the section would be found in the parishes of this borough if members of the corporation influenced ratepayers to adopt it. JOURNAL. NOTES OF NEW DECISIONS. WINDING-UP. I must take the debt, according to the statement of the company, 14,1001. and a fraction. How have they dealt with that debt? He makes an urgent demand on them. The company are not overstocked with money. It would appear one banker supplied a large sum of money and another banker a large sum of money, and therefore it is within Mr. JOINT-STOCK COMPANIES' LAW Hodges's knowledge that he cannot obtain payment of his debt except by a call. Pressed by him, the company make a call of 51. a share. On that Mr. Hodges is bound to pay 80007. He has presented the petition. They can only get out of the difficulty by a call. They send a statement of accounts; they make a rebate for interest for the time the call has to run; they strike off the balance, and pay the balance in cash between 50001. and 60007. On that Mr. Hodges ought forthwith to have dismissed the petition; and with regard to this company, which has its origin in himself to whom he has sold his business, he ought to have been the last man to take any step to embarrass their position. If he found they were in a doubtful position he ought to help thein. Instead of that he takes a step calculated to ruin them, and the hanging over of this petition might increase the evil; and therefore, as the matter is brought before me, seeing he claims here as a creditor, and I consider him as a creditor paid, I adhere to the opinion there was no justification for presenting the petition, still less for bringing it before me to-day. The company have no reason to regret it has been decided. I order the petition to be dismissed with costs, and while I am doing the best thing for the company I am doing the best thing for Mr. Hodges. I cannot imagine anything more prejudicial to his interest than such a petition as that. I may mention that I know this has been made the source of embarrassment to companiesto present a petition at the commencement of the vacation to hang over during the whole of the vacation. I had such a petition last week before REGISTRATION-RIGHT TO SUE-PETITION.A company formed in 1825 carried on business until the passing of the 7 & 8 Vict. c. 110, when it was formally registered under that Act, and was still carrying on business by means of scribbling and fulling mills, and used a channel and reservoirs to carry off and store the surplus water. Messrs. M. commenced business in the immediate neighbourhood as manufacturers of size, and greatly polluted the pure water which was necessary to the company's business. The company filed a bill for an injunction to restrain the further pollution, but were met by the objection that for want of complete registration they could not sue in their corporate capacity, which was admitted, but the company asked and obtained leave to amend, which they did by making ten members parties suing on behalf of themselves and the others, exceeding fifty in all. This amended bill was demurred to for want of equity, on the ground that inasmuch as the company was not completely registered it could not sue at all, neither in its corporate nor in its individual capacity: Held, that, except for the short period during which the Act of 1856 was in force, the company, by its members, was not, and was not now, disabled from suing. Demurrer overruled: (Womersley v. Merritt, 17 L. T. Rep. N. S. 43. V.C. M.) HODGESS DISTILLERY COMPANY In this case, which came on for hearing before Vice-Chancellor Sir R. Malins, at the Angel Hotel, Godalming. Mr. F. Hodges presented a petition, praying for the winding-up of Hodges's Distillery Company (Limited). Mr. Bedwell appeared as counsel for the petitioner; Mr. F. Waller (instructed by Messrs. Stevens and Co.) for the London and County Banking Company, creditors for upwards of 36,000, which, however, was stated to be amply secured; Mr. Bardswell represented the company; Mr. Cracknell a majority of the shareholders; and Mr. Hawkins appeared as counsel for the Bristol Distillery Company, who are creditors for upwards of 20,000l. Mr. Bedwell having been heard in support of the petition, and the several counsel above named against it, me. There were strong affidavits, and the only object was to restrain them from advertising it. Therefore in this case, if I had not made the order, I should have restrained Mr. Hodges from advertising it. But I do a much better thing by directing the petition to be dismissed with costs. With regard to the costs of this application, Mr. Hodges being the person who has caused more expense, I inust direct the taxing master to allow the extra costs occasioned by this motion being brought on in the long vacation. The petition was accordingly dismissed with costs. THE NEW BANKRUPTCY LAW. NOTTINGHAM BANKRUPTCY COURT. (Before Mr. Registrar TUDOR.) assignees. assignees by letter of attorney where proof of the cxecution thereof has not been made either by affidavit or in court ricâ voce. The VICE-CHANCELLOR delivered judgment as fol- B. L. C. A. 1849-Letter of attorney-Choice of lows:-My first impression was, as the petition was presented and answered for the first petition day in Michaelmas Term, the 8th Nov. I had no juris-It is not open to a creditor to vote in the choice of diction to make any order one way or the other. I thought, and still think, that the application is wholly without justification, and improper. I made up my mind to dismiss this application with costs, or to make Mr. Hodges pay the costs of the application; but on the suggestion of counsel I am satisfied I have complete jurisdiction over the whole matter, and Mr. Hodges's mouth is closed to deny the jurisdiction, because he asks me to nake an order to wind-up. If I have jurisdiction to make an order, I have jurisdiction to refuse an order; if I have jurisdiction to refuse an order, I must have jurisdiction to do that which is incidental to the refusal, namely, to deal with the matter as it may seem proper. Under all these circumstances, what is the proper course for me to take? I must say the petition is presented without a particle of justification. Of all the petitions ever before me, either as judge or counsel, I have never seen one which had so little justification for its being presented. What are the facts? Mr. Hodges sells the property of this old-established distillery busines to a company. I have had the prospectus laid before me, which contains as favourable an account as usual. It is not for Mr. Hodges or his counsel, Mr. Bedwell, to say it was not originally a good concern. It commences operations in 1865. We are getting towards the end of 1867. The company has been, therefore, in operation for more than two years. The only justification for the presentation of this petition is, that Mr. Hodges is a creditor who cannot obtain payment for his debt. What are the facts according to the statement on his own petition? He is a creditor for 14,9001. According to the statement of account made up by the company, he is a creditor for 14,1007., instead of 14,9007. I cannot make that difference the subject of a winding-up. If the company say it is 14,9007.-if they had denied the 14,000/-I could not make that the foundation of a | petition to wind-up, because it is a disputed debt. His HONOUR said:-In the case of R. C. Moore, an objection was taken by Mr. Chambers to a letter of attorney to vote in the choice of assignees upon the ground that proof of the execution thereof, according to the requirements of the 139th section of the B. L. C. A. 1849, had not been made either by affidavit or by oath before the court virâ voce. Mr. Maples, in support of this letter of attorney, contended that by the combined operation of the 116th section of the B. A. 1861, and the 10th of the orders made in pursuance of that Act, it was no longer necessary to verify powers of attorney in the mode required by the 139th section of the B. L. C. A. 1849, and that this is proved by the form of power given in the schedule to the orders before referred to. Now the 139th section of the Bankrupt Law Consolidation Act enacts that "At the first public sitting appointed by the court under any bankruptcy, or at any adjournment thereof, assignees of the bankrupt's estate and effects shall and may be chosen and appointed, and all creditors who have prove 1 debts to the amount of ten pounds and upwards shall be entitled to vote in such choice, and also any person authorised by letter of attorney from any such creditor upon proof of the execution thereof either by affidavit or by oath before the court virâ voce. By this section, therefore, there are two modes of proof: first, by the creditor in person; secondly, by a person authorised by letter of attorney from any such creditor; but it is clear that in order that such letter of attorney should be available under this section, the execution thereof must have been proved either by affidavit or by oath before the court viva roce. Is the law altered by the 116th section of the Act of 1861? I cannot see that it is. That section simply enacts That at the first meeting of creditors or any acjournment thereof it shall be competent to the majority in value of the creditors who have proved debts to choose an assignee or assignees of the bankrupt's estate and effects, and to be called the creditors' assignee, provided that the court have shall power to reject any person so chosen who shall appear to such court unfit to be such assignee, and upon such rejection new choice of creditors' assignees shall be made." This section does not enact in what mode creditors are to vote, it simply enlarges (as I understand it) the class of persons entitled to vote, for whereas fu the first Act only creditors to the amount of 10%. and upwards can vote, in the latter Act all creditors, without any limit as to the amount of debt, may vote. We next come to the 10th of the orders made pursuant to the Act of 1861. It orders "That every creditor may by letter of attorney, which may be in the form set forth in Schedule 19, authorise the official assignee in the bankruptcy, or any other person, to represent him at any meeting of creditors, and to vote for him on any question submitted to the creditors at such meeting or any adjournment thereof, and also in the choice of credi tors' assignee." Upon this order is given a form of letter of attorney not alluding to any affidavit, or other mode by which it is to be verified. At the same time it does not appear, either from the orders or the form, that it was the intention of the Lord Chancellor and the commissioners by whom they were issued (even had they the power to do so) to dispense with the mode of verifications prescribed by the 189th section of the Bankrupt Law Consolidation Act. I think, therefore, that the objection taken by Mr. Chambers is fatal to the letter of attorney, and that Mr. Maples cannot vote upon it in the choice of assignee. CORRESPONDENCE OF THE PROFESSION. THE PRELIMINARY EXAMINATION.—I have just been perusing in one of your recent numbers the notice of the "preliminary examination," which is to take place in February next, and not having seen one of these papers for some time, am more forcibly than ever struck with the absurdity of the whole affair. I am perfectly safe in affirming that, leaving out perhaps that formidable one language (which three months' work would suffice to master), you could find ou an average half a dozen boys in every national school in England who could pass that examination with credit. But we surely require something a good deal above the national school-boy standard, as members of one of the "learned" pro fessions, and it is my firm belief that until the status of this preliminary examination is raised, and considerably raised, the profession will never uniformly consist of men possessing the intellect and culture which its nature and duties require; I say "uniformly consist," because, of course, many of its members are undoubtedly qualified for their position, in this and every other respect--no thanks, is simply an insult. If, sir, it is not intruding too however, to this examination, which to such men much on your valuable space, may I kindly be allowed to make a few suggestions on the subject. In the first place, I would make eighteen the earliest age at which this examination might be entered for, candidates being required to produce their certificate of birth. Reading aloud, if properly conducted, which it certainly is not at present, forms a very necessary and useful subject for inquiry; but please don't let them libel a man by asking him what he knows about the first four rules of arithmetic. Let the questions be such as require a little knowledge of the subject to answer. Book-keeping also (by double entry) should be introduced into this examination, and not the intermediate. I suppose the authorities consider that an attorney has no business to know that the world does not entirely consist of "Europe and the British Isles ;" and for the same reason, lest too much learning should make him mad, the history of any country but his own should be to him among the "black letters." To proceed, a thorough knowledge of Latin (that universal legal tongue), both as regards translation and composition, should be perfectly indispensable, and then of course it should not be included in the extra languages for candidates to select from. The English grammar paper (another very useful subject) should be more in the style of those given at the civil service examinations, and not the mere trash it is at present. If this kind of examination were strictly conducted, and those who could not pass it, politely told that they must try again," I believe that the result would be wonderful. Apropos, this reminds me of a question I have often wished to ask, through the medium of your columns, that is, if any one ever heard of a candidate for this examination being "plucked?" If any such unfortunate being could be discovered, be would be worth making a journey to see and converse with. I know a considerable number of fellows, of every diversity of age and capacity, who have all tided let me suggest that four years' clerkship seems perover it as comfortably as possible. In conclusion, fectly sufficient, with the intermediate, an elementary and theoretical examination at the end of two years, and the final, a more extensive and practical tast, to conclude the young lawyer's education. Cornwall, Sept. 1867. STUDENS. (Candidates have been plucked to our knowledge; ea and we suspect that if "Studens" is anxious to see and converse with a specimen, he will not have any insuperable difficulty.-ED.] “abam nå løde mangi CLERKS AS AS ADVOCATES.-On looking through the new County Court Act, it does not appear whether a solicitor's clerk can attend in court to plead or defend; and it is worth while calling attention to the fact, because I (with very many clerks similarly placed) have the sole management of common law and Chancery, and in that position can plead in the Sheriffs' Court in Middlesex, and the Secondary's in London, with as much ease as I am permitted to attend before the judges in Chancery and common law when they sit at chambers. By the new Act much of the chancery and common law business must be transferred to the County Court, which will necessarily compel my employer to relinquish all small chancery and common law matters, namely, less than the limited amount in chancery, and the 20% in common law; and this will, as of course, drive many of his clients to seek a solicitor who attends to such business personally. Perhaps, if you were to throw out a suggestion, the new rules may provide for bona fide managing clerks to plead in the County Courts on behalf of their employers; and I venture to say it would materially lessen the weight of business imposed on the judge by reason of causes being unprepared when called on, and consequently through much labour and annoyance sifted by the judge. R. T. dad COUNTY COURT AMENDMENT.-With your permission I will offer two suggestions:-First, for the courts to divide their business and take the petty eases (now the vast majority) at sitting of the court, and then causes exceeding 21. an hour later. This, in the City County Court, for example, would benefit many suitors, save much overcrowding in a small the fact call themselves patent agents who have neither the necessary aptitude nor experience, and hence out of Only a lawyer is educationally capable of preparing specievery hundred patents eighty are bad and ineffectual. fications. Mr. John Keene, of Scott's-yard, Bash-lane, London, and Bercy, Paris, a certificated special pleader, guarantees the soundness of every British, colonial and foreign patent obtained through his office. For the procuration of patents, Mr. Keene, who has retained the assistance of Mr. William Knighton, LL.D., charges five guineas. NOTES AND QUERIES ON N.B.-None are inserted unless the name and address of the compelled by increasing age and infirmity to absent himself from our Congress. While feeling deeply which have year by year commanded the applause of that nothing could supply the place of the orations all, the council has judged it fitting that some record should be laid before the members of the progress made during the past year in some of the social questions which occupy the attention of the association. It has, therefore, ordered the preparation of this address. It will be remembered that an eloquent appeal was made to the association last year, at Manchester, by Mr. Dudley Field, speaking from the chair of the International Section, in favour of the promulgation of an international code, and that an effort should writers are sent with it, not necessarily for publication, but be made by us to commence this great work. In as a guarantee for bona fides. Oneries. 326. LEASE FOR YEARS.-A. granted a lease for years to B. of building land, which the latter mortgaged to C. Upon default being made, the land was offered by C. for sale by auction in two lots, one of which was purchased by D., and the other remained unsold. The conditions of sale provided in the ordinary way for the apportionment of the rent between the two lots. D. also entered into a separate contract with A. for the purchase of his entire reversion, and the two purchases are to be completed at the same time. By what deeds will this be best accomplished. A. B. C. D. 327. M. D.-Can a doctor of medicine practising purely as a physician, and registered under the Medical Act 1858, recover his charges in a court of law? G. W. [Off-hand, No.-ED.] Answers. (Q. 321.) NEW COUNTY COURT ACT.As the clause affecting Hundred courts does not say it shall operate before the rest of the Act, how can it possibly interfere with these courts before the 1st Jan. next? "F. J." has carelessly read sect. 28; it merely prohibits action in inferior courts, not of record. Sect. 29 affects the costs on verdicts in other inferior courts of record. G. MANLEY WETHERFIELD. accordance with that suggestion a committee was appointed by the council, and satisfactory progress has been made in drawing up the outlines of a code. The council therefore repeat the suggestion made last year, that a system of international extradition for non-political offences might, to obviate the just jealousy of any interference with the right of asylum, be guarded by a provision that the prisoner so given up should be within a certain time put on his trial before the tribunal of his own country for the offence alleged against him at the time of his extradition, and for no other, and that failing the fulfilment of these conditions, the State that had given him up should have the right to reclaim him. Further, that a high officer of State might be constituted, before whom the prima facie evidence of guilt in such cases should be laid, for his opinion whether the charge was bonâ fide made, or fabricated for the purpose of getting possession of the alleged criminal. There can be little doubt that the decisions of such an officer, under the express provisions of an international code, would be invoked with as much good faith, and received with as great confidence by foreign nations, as those of prize courts. COLONIAL GOVERNORS The regulations recently issued from the Colonialoffice for the guidance of governors of colonies and THE COURTS & COURT PAPERS. officers acting under them when extreme necessity CHANCERY CHAMBERS. (Before Mr. BUCKLEY, Chief Clerk.) THE LONDON, CHATHAM, AND DOVER RAILWAY, AND THE NEW ARRANGEMENT ACT. London, Chatham, and Dover Company, which was The case of the General Credit Company v. The may require the establishment of martial law, will, it is hoped, prevent the occurrence of evils which were loudly complained of at our last Congress. A DIGEST OF THE LAW. LR first department, the council has to observe that, in Passing on to the Municipal Law Section of our accordance with the memorial addressed by it last year to Her Majesty's Government, a royal commiscommission has reported in favour of the preparation law of England is practicable and expedient. This of some specimen portions of a digest, which is so far satisfactory, inasmuch as the principle for which the council contended, that of the space, and convenience the Profession considerably; reported on Friday, came on to-day before the chief sion was issued to consider whether a digest of the at the same time injure none. Secondly, as most stattorneys must, liking it or not, in some way underLake business for clients in these inferior and badly-paying courts, I submit that a few gentlemen, willing clerk, in reference to an application on the part of the railway company to answer the bill. On the last occasion Sir Morton Peto and other defendants applied for time to answer, and the reply was that a the railway and some twenty other defendants was, in fact, the answer to the present suit, if any answer could be given. eto attend personally to this work on the allowed long bill by the Mercantile Credit Company against ducing the unwieldy bulk of our ecessity for re bescale of charges, should select a metropolitan court, 19 and if you approve such suggestion, it might be published in the LAW TIMES. Occasional practice in any I County Court cannot be remunerative to any practitioner, but by such an arrangement a small number may profitably employ themselves by having many causes. I shall only attend the City Court myself, and should be happy to send business for any of the other ten metropolitan courts to any gentlemen making a similar selection. G. M. W. 54, Coleman-street, Sept. 25. REGISTRY OF DEEDS IN MIDDLESEX.-Notwithstanding the publication of the abuses practised at the Middlesex registry office, on going there to-day to register a deed (the memorial whereof was under 300 words), 78. was sought to be charged to me as the registration fee; but on my remonstrating the charge was reduced to 3s. 6d. Surely, no more than the amount authorised by Act of Parliament should be demanded persons unacquainted with the proper charges ought not to be duped for the purpose of putting money into the pockets of private individuals. The officials at the office know the amount that they are legally "authorised" to take, and in no case ought they to allow more to be paid. To continue such an abuse after the publicity which has been given given to it is a defiant act calling for immediate redress. A SOLICITOR. A ETIQUETTE. — The inclosed advertisement appeared in the Manchester Guardian of the 18th and 25th of this month, and may have appeared in other numbers. AN OLD SUBSCRIBER. A VALUABLE PATENT.-It is admitted that inventors are generally bad men of business. Many persons trading on Lidiard Walker and Martineau), who represented the London, Chatham, and Dover Railway on the present occasion, asked for time, and referred to the New Arrangement Act. A matter before the ViceChancellor was pending, and he did not know whether the original suits were not stayed by the new Act. law into a reasonproposed to be taken certainly falls far short of what able compass, appears to be conceded. But the step is required conditions. is required-nay, of what has already been done Not less important, and indeed preliminary to the preparation of a code, is the question of the poorganisation of our tribunals. The first step taken towards the New York Code was the abolition of the artificial distinction between law and equity and Brewer (Baxter, Rose, and Norton) said on the of forms of actions, and the establishment of a single court of justice before which any person aggrieved third reading of the Bill in the Lords a clause was might state his wrong and demand the appropriate inserted that the suit by the General Credit Com-remedy. The current of legislation in this country pany was not to be stayed by the Act. The long tends steadily in the same direction; already the bill of the Mercantile Company was the answer, courts of common law have been armed with equitany. He opposed the application. able powers, and the Court of Chancery admits viva voce evidence, and tries an issue of fact by a jury. if LAW SOCIETIES. THE SOCIAL SCIENCE ASSOCIATION. THE meeting of the Social Science Congress at Belfast has been a success. The arrangements for the meeting were of the most complete and satisfactory kind, and the interest created by the arrival of so many men of eminence was widespread. The opening general meeting of the Congress took place in the Ulster Hall on the evening of Wednesday in last week. From the annual address of the council we extract only such parts as relate to the law and the lawyers, and the subsequent proceedings on the like subjects will alone be reported here. We reserve the greater portion of them until we receive the verbatim reports. AN INTERNATIONAL CODE. On every former occasion the council has enjoyed the signal advantage of hearing its views expounded and the proceedings of the association narrated by its illustrious president, Lord Brougham, who still indeed holds the office, but is, for the first time, THE BANKRUPT LAW. Bankrupt Law was withdrawn; and, looking to the The Bill of the Attorney-General to amend the differences of opinion still existing on the subject, it may be well that further inquiry and discussion have thus been secured. This Bill more nearly approached the measure prepared by a committee of the association nine years since than did any of the predecessors, and it is satisfactory to find that the principle then propounded by us has steadily made way with the Legislature. CHARITABLE ENDOWMENTS. The subject of charitable endowment has several times occupied the attention of the association and of the Law Amendment Society, and in 1859 ViceChancellor Wood gave his high authority in favour of a sweeping alteration in the existing law. Opinions are much divided on the question, some being as strongly in favour of enlarging the power of testamentary disposition as the Vice-Chancellor is for restricting it. But it seems clear that measures should be taken for the more facile alienation of land held by charities, as well as for best securing the public interest in the administration of charitable funds. THE ADMISSIBILITY OF EVIDENCE. The restrictions on the admissibility of evidence, both in civil and criminal cases, which have more than once been condemned at our meetings, still continue to be the law, but it is probable that advancing opinion will soon compel the extension 1 sealed go-baiw of menti THE CONVICT SYSTEM. are as his hand. "The future hides in it Good hap and sorrow of Lord Brougham's legislation, which has been system which still, more than all others, protects them and around them, and see what has been accom→ found so signally beneficial. the interests and regulates the action of civilised plished in other times and countries, that they may be men throughout the world, a needful aid towards guided to avoid mistakes, and obtain encouragement On the occasion of the first visit of this association the true appreciation of the law he designs to prac-and wise direction for the worthy completion of their to Ireland in 1861, the Irish convict system, as tise, and may be called to administer. Great English appointed task. They will find that what remains established and administered by Sir Walter Crofton, judges have pointed to the connection of the law of to be achieved for us has been effected for most other commanded the admiration of our members. Our England with the Roman Jurisprudence. Lord Holt countries. They will find in Bavaria the oldest of endeavours to obtain its introduction into England, (12 Mod. 482) speaks of it in a solemn judgment; the recent codes; in Prussia, the Landrecht, which in the face of persistent opposition, were at length and we are informed by Bishop Burnet that Lord Savigny holds in the highest estimation; in Auscrowned with success, and the whole of the United Hale often said the true grounds and reasons of law tria, the Gesetzbuch, originated by the genius of Kingdom now enjoys the advantages of a convict were so well determined in the (Roman) digest that Maria Theresa; in Russia, the Zakonow, the corpus treatment based on enlightened principles, and car- a man could never understand law as a science so juris of that great empire, containing, we are told, a ried out with an equal regard to penal justice and well as by seeking it there; and, therefore, lamented digest of the most extended body of laws existing in the improvement of the criminal. Its adoption in much that it was so little studied in England." the world, framed by continuing commissions under England has been followed by results as satisfactory That, although it was worsted in the contest with successive sovereigns; and, in France, the Code as those observed in Ireland, the diminution, accord- the common law, left its mark deeply on English Napoleon, not very complete, and too hastily preing to the last official report, in the number of thought and the English judicature. Lord Bacon pared, but the purest, perhaps the only unstained, convicts, and especially in the number of reconvic- says, somewhere, "Our laws mixed glory of the wonderful man, whose boast was that tions, being very marked since 1863. Through the as our language;" and, undoubtedly, during he would go down to posterity with that code in exertions of the Earl of Carnarvon the same prin- the Roman occupation of Britain, for nearly They will see that all these various ciples of administration were introduced into Win- five hundred years, the native views of justice systems have derived their animating principles chester gaol; and it is to be hoped that, under the and its administration were interfused much with of equity and order largely from the Roman preceprovisions of the Prisons Act, the system will be- those of the invaders. And, when the composite dents; and that, even as to the last, though it rose come uniform throughout the counties of England. system came afterwards to be shaped and expanded, from the chaos of the Revolution, it owed to the trainIt may be anticipated that a similar benefit will be the early masters of it-Fleta and Glanville, and ing and traditions of the French Bar, in the great days conferred on Ireland: for the present Chief Secre-eminently Bracton, the great legal classic of Eng- of the Parliament, when the study of the civil tary of Ireland, who has always taken an enlight-land--were versed in the Roman system, and drew law was essential, not only to the advocate but to ened interest in the subject of prison discipline, has from it many a doctrine and many a form of thought all candidates for high public office, the shape and already announced that he has prepared, and will and speech. The early judges got much of their substance which it ultimately took through the introduce next session, a Bill to improve the wisdom there, and their decisions so inspired, be- learned toil of Cambaceres and Tronchet, and borough gaols of Ireland. The Belfast gaol, came part of the common law. The old inimical Napoleon's keen intuition and energetic will. If as the council is informed, is a favourable ex- systems ran thus into each other, and became indis- the business of the digest or the code is to be ception, but as a rule the state of the prisons tinguishable in the stream of legal tradition and fitly done for us, the ancient jurisprudence and its referred to is considered by the inspectors-general judicial resolution, as it moved downward, with emanations throughout modern Europe must not to be unsatisfactory, and it is desirable that a ever-gathering volume, from century to century. be unknown to those who undertake it. They measure like the English Prisons Act should Still more clearly and directly the Roman code will need practical acquaintance with the system be passed into law. It is to be hoped that its pro- operated on the action of the courts of equity and they undertake to improve; but they must also visions will embody all the recent improvements in admiralty, the ecclesiastical courts, and the courtsunderstand the science of law, and be trained to prison discipline, and that, above all, an eye will be martial, and in all of these knowledge of it could not apply it, by familiarity with its great creations. kept on the importance of making prison labour be dispensed with by a practitioner who valued the But, further still, the knowledge of these things productive and not merely penal. As the Irish accomplishments becoming his position. There may be, in the coming time, of value and signiconvict system has been made a model for that of fore, because of its connection with the laws of his ficance in other ways. We live in a period of England and other countries, it would be well if her own land, the study of the jurisprudence of Rome, transition. Many old things are vanishing away. We county gaols should also prove exemplary. The which is, with modifications, the jurisprudence of have seen political changes which cannot be barren of Chief Secretary has, indeed, already intimated that mankind, should be full of interest to the English great results for evil or for good. Of these results we he is prepared to deal with one flagrant evil in the and the Irish student. It was so to Lord Mansfield. have no sure prevision; no man can pretend to Irish prisons-the detention of lunatics therein, He admired the civil law, as "a venerable monument have it. But we may look confidently forward, suswhich has been neglected by successive Govern- of ancient wisdom;" and his wide acquaintance with tained and heartened by the teachings of the past, in ments. In the report of the inspectors general for it and with the modes of thought and action it had which we have so often seen gloomy anticipations 1865, a harrowing picture is drawn of these unhappy made common in other countries, freeing him from falsified and unreal terrors turned to hope and joy. beings, and of the injurious effects of their presence superstitious reverence for the rigidity of the system upon the prison discipline. In that year there were he so well administered, supplied impulse and direc796 lunatics committed to the gaols, not as insane tion for the salutary legal revolution which rendered criminals, but simply as dangerous to society. Lord memorable his long and luminous career. But, more Mayo has announced his intention to remove this than this, and beyond our need of the knowledge to blot on humanity and our civilisation by transferring be derived from it, as to the sources and doctrines The question as to the assimilation of the laws of these lunatics to asylums in which they may be of our ancient laws, the study of the Roman code- England and Ireland is, I observe, with great proproperly treated. But even the best system for the although it is not free from some shortcomings and priety submitted to our attention. I cordially treatment of criminals is of less importance than imperfections in definition, arrangement, and erro- approve the application of the principle, whenever the primary prevention of crime. The reformatory neous principle-is commended to us as that of the it can be made, in fair consistency with local needs school, wherever fairly tried, has been a great success most perfect scheme of jurisprudence which the and feelings. We should not assimilate merely for in cutting off the supply of adult criminals. Indus- mind of man has ever devised. It was the the purpose of assimilation; but it is very desirable trial schools, which are intended, by applying a creation of imperial power; and our political rights that we should interchange good laws, and make similar treatment to slighter offences and still and liberties have another origin and another our entire system of judicature as uniform and younger offenders, to diminish the stream still nearer guarantee; but, regarding it as a system of civil homogeneous as may be reasonably possible. With its source, are not yet so efficient or numerous as law, the greatest thinkers of the modern world have a view to this desirable result, I mean to point to they might be. But the grand remedy lies in the exhausted all forms of eulogy in describing its some noteworthy portions of our legal system, ragged school, which cuts up the evil at its root, by excellence. St. Augustine says that "Providence which belong to us peculiarly, and in which, to some reclaiming the class from which young thieves and made use of the Roman people to subdue the universe extent, we have outrun the legislation of England. vagrants are bred. There was no warmer supporter and govern it the better by their laws after their The formation of a general register of deeds and of institutions of this nature than the late chairman empire had been destroyed." Fortescue speaks of assurances has, for several centuries, occupied the of our Reformatory Section, Mr. R. C. Hanbury, the civil law "as exalted by fame throughout the attention of English statesmen and lawyers. Its whose loss the association has had to deplore since earth above all other laws"-Super humanas cunetas great necessity was recognised by Parliament so leges alias fama per orbem extollet gloriosa. Bacon long ago as the year 1535 (27 Henry 8, c. 6), and describes it as a fitting and most sacred temple dedi- again during the chancellorship of Lord Bacon, cated to justice"-Proprium et sanctissimum templum in 1617, by the issue of letters patent; but justitiæ consecratum. The Chancellor D'Aguesseau nothing came of the attempts, abortively made, adopts the idea of the great Bishop of Hippo, de- at both those periods. In 1703 a register was claring that "the grand destinies of Rome are not provided, by statute, for the county of York: and yet accomplished; she reigns throughout the world in 1708, a similar statute gave its register to by her reason, after having ceased to reign by her the county of Middlesex. No further provision of authority"--Non ratione imperii sed imperio rationis the kind was made for England. The seventeenth and Gibbon calls it "the fair and everlasting century passed. The want continued to be acknow. monument of the Emperor whese name it bears. ledged. Lord Hale, and others of high authority, His Lordship then said. The time is coming recognised and lamented it; but nothing was done. fast when the body of our law must be digested In 1815 and 1816. Sir Samuel Romilly and Serjeant and reduced to the proportion of a simple and Onslow tried, severally, to induce the House of manageable code. The work which was done Commons to approve of Bills for a general registrafor Rome when Tribonian and his fellows digested tion; and both failed to carry their measures beyond such a code from the chaotic mass of judg- a second reading. Repeated commissions have since ments and ordinances, which is said to have given solemn consideration to the subject, and burdened many camels--the work which Bacon produced elaborate reports. Repeated attempts were was willing to undertake for England, in the midst made, in the Houses of Lords and Commons, by of his mighty labours-for which Romilly pleaded Lord Campbell, Lord Cranworth, Mr. William with persuasive eloquence of which all thoughtful Brougham, and others to pass into law various men have long appreciated the importance, whilst schemes which had high approval. But they were they have felt the difficulty-that work I repeat, by one and all defeated; and to this hour England some means, and in some fashion, must at last be remains without any general register of couver done. Its beginnings are in progress, and its com- ances. Now it is very remarkable that Ireland has pletion is assured. What has been accomplished so possessed such a register since the sixth year of well in New York for the English law, cannot be Queen Anne. It was established by an Act of the incapable of imitation and extension in the country Irish Parliament passed in that year, "to secure which produced it. We have already consolidated purchasers and prevent forgeries and fraudulent our criminal legislation, and the success of the ex-gifts," &c., which provided for that object by authoperiment must urge to further effort in the same direction. And if this be so, and if an imminent duty of the time may prove to be, the digest or the codification of our statute and reports, it behoves those on whom that duty may be cast to look behind the last congress. JURISPRUDENCE AND AMENDMENT OF THE LAW. The Right Hon. Mr. Justice O'Hagan, president of this department, delivered the following address:Not without reason has the association which I have the honour to address placed the science of jurisprudence foremost amongst the great subjects of social interest. Whether we regard the foundations on which it is established, the faculties which it exercises, the knowledge it exacts, or the influence it wields in the affairs of life and the intercourse of nations, we shall not wonder that it was described by one of the wisest of men as "the pride of the human intellect, which, with all its defects, redundancies, and errors, is the collected reason of ages, combining the principles of original justice with the infinite variety of human concerns.' Having dwelt at some length on this subject, his Lordship said: We cannot expect that jurisprudence should command more than a comparatively moderate attention, save from those whose special avocations, legal or political, put them in close connection with it, at this time of hot and bustling progress, when it is so hard to keep up with the march of discovery and the perennial growth of a multitudinous literature. We shall not again see. what Fortescue describes, the thronging of 2000 filii nobiles--the children of the gentlefolks of England-to the Inns of Court and Chancery, to be indoctrinated in a knowledge of the laws, as a part of their common education; but we may suggest to the student who would be more than a mere workman at the Bar, and rise to the proper level of his order, that he will find in cultivation a knowledge of the general principles which underlic all legislation. and of the great rising the registry of deeds, and giving a subsequent conveyance, if registered, priority over a prior con veyance, if unregistered. The Act directed the forma tion of a full official staff, and prescribed minutely the formalites needful to be observed for validating the on man. registry. From the date of this statute until the that in the civil bill procedure of Ireland we find In that great achievement Ireland aided, although to a It seems discipline during imprisonment, progressive refor- of the empire and gather at the centre of power and wealth, where success is worth the trouble of achievement, and merit is sure to seek distinction and reward. We may labour, in all proper cases, to assimilate the laws of the three kingdoms, giving for that purpose from every district what light and help we can reciprocally furnish; but we should maintain for all the integrity of their independent judicatures, in the assurance that they will not less enjoy the benefits of a common code, if it do not aim to subordinate any one to any other of them, or unduly exalt apart, at the expense of exhaustion and depression to the rest. On this matter I can speak freely, as I speak without personal interest. In my position men bid farewell, not always joyously, to hope and fortune, and my warning counsel has no taint of self-seeking, or any indirectness when I say, that for Ireland, at least, it is essential to maintain a high judiciary and an educated Bar, if she would preserve anything of the informed opinion, the productive energy, and the public spirit without which a people stagnates and sinks into contempt. LIABILITY TO MAINTAIN CHILDREN.-A somewhat singular case has been heard at the Preston police court with reference to the liability of parents to maintain their children. The defendant was a hawker named William Shorrock, and he was charged under a warrant with neglecting to maintain four of his children. The sum claimed from him was 47. 78. 6d., but only 21. 12s. of it was for relief, the remainder being for expenses incurred. The defence set up by Mr. Edelston, solicitor, was that the defendant's wife was cohabiting with another man; that the defendant had provided a home for his children and allowed them 128. per week for their support; that the children had been stolen from him and thrown by the mother upon the parish for relief; that he had sent 10s. to the relieving authorities, with an intimation to the effect that he should not be liable for any more money so long as the children remained with their mother; that he was now willing to keep his children if they were away from their mother; that he had not been guilty of any negligence; and that inasmuch as he had not and could not get possession of the children without In this section of jurisprudence, on a subsequent a breach of the peace, the reasonable thing for the day, Mr. Parkhurst, LL.D., read a paper advocating guardians to do was to refuse outdoor relief to his the formation of a code which would give a com- wife, when the children would get into the workplete system of legal rules accurately expressed, and house, and the defendant would then fetch them also the localisation of justice, which he thought away and keep them. Mr. Watson, for the prosecuindispensable, in order to make the law efficient, tion, said that the guardians had nothing to do with prompt, and economical. A discussion followed, in the point suggested by Mr. Edelston. They had which Mr. Charles expressed his disapproval of the directed that the children should be maintained out conversion of chambers of commerce into tribunals of doors, and the defendant committed an offence in of justice. The chairman avowed himself an advo- permitting them to become chargeable. The guarcate for the fusion of law and equity and the localiza-dians had nothing to do with the means he had to tion of justice, while retaining a great central tribunal. take to prevent that. Mr. Edelston asked for the Mr. J. L. Whittle read an essay in favour of admit- evidence showing that the defendant had suffered ting the evidence of accused persons. his children to become chargeable. Mr. Watson said that whenever they became chargeable, no matter how, that was an offence. Eventually it was arranged for the defendant to pay by instalments the money claimed. LEGAL NEWS. MARRIAGES BY SPECIAL LICENCE-In the year 1865, for which the returns have been issued, there were twenty-three marriages by "special licence," allowing the marriage to be solemnised, not only at any hour of the day or night, but "in any meet and convenient place." These licences are granted by virtue of a dispensing power exercised by the Archbishop of Canterbury, formerly exercised by the Pope. Fees amounting to about thirty guineas are charged for granting a special licence. MIDDLESEX REGISTRATION NEW REVISING BARRISTER.-Mr. J. M. Goren, of Lincoln's-inn, has been appointed by Lord Chief Justice Cockburn to succeed Mr. Lindley as revising barrister for the coming registration of Middlesex. Mr. Lindley, who it will be remembered filled the place of Mr. Edmond Beales, resigned after the first year of his appointment. The revision will this year commence at Uxbridge on the 1st proximo. The number of electors on the register is 14,552, and under the new Reform Act next year it is anticipated they will reach to nearly 30,000, and that additional barristers will be required for large counties and boroughs. The claims for the next revision on both sides number about 500, and the objections are said to be under 400. STATE OF PAUPERISM.-The number of persons in receipt of relief in England in July was about 5 per cent. greater than at the corresponding period of 1866-5-2 per cent. at the beginning of the month, and 4.8 per cent. at its close. The number at this latter period was 877,020, but about 4 per cent. may be added for returns not included in these monthly statements, bringing the real number to more than 900,000. Throughout the month of July every division of the kingdom showed some increase over the pauperism of July 1866. The increase was but trifling in most of the midland and southern districts; in the Welsh the month closed with an increase of 5-1 per cent.; in the north-western 5-9; in the northern 7; and in the metropolis the increase was 19-6 per cent. at the end of the first week, and 14-7 per cent. at the end of the last week of the month. AN AGED CONVICT.-In the central prison of Loos (Nord) a convict named Decarnie has just died at the age of ninety-two years, forty-five of which have been passed in confinement. He was well known in the environs of Lille, which had been the CONVICT LABOUR.-It is satisfactory to note how good is the effect of convict labour as seen at the three important prisons of Portsmouth, Chatham, and Portland. In 1866 the daily average of those employed was 2857, their total earnings being 88,6481.; and at Chatham the value of the work done more than met the cost of supporting the gaol. Thus far the plan is satisfactory; but it is still more so for the influence which it has upon the convicts themselves. Each knows that, by behaving well and taking an interest in his work, he may shorten the term of his confinement; each, therefore, is cheered by the hope of liberty, and has an incentive to industry of which his past life may have furnished no experience. In itself the labour has also a powerful influence for good. Many of the prisoners shunned work, hated it, and fancied it to be the are men who, up to the time of their conviction, worst of trials. In prison they come to see that the infliction is not so bad as they had imagined, and gives them a new idea of the self-respect that lies in the feeling that they are engaged in an honest task honesty. When they regain their freedom they are at once better able and more willing than before to support themselves by labour. Thus in many cases the convict prison becomes a school. Its efficiency in this respect is powerfully increased by a wise regulation, intended to prompt the men who cannot write to acquire the necessary art. Many of the convicts wish to send letters to their friends: formerly the inmates who were not able to use their pens secured the aid of those who were; but the rule now is that each must write his own letters. Accordingly many have learned to write. That is but one out of a host of devices by which the convict might be encouraged he can never be forced to conquer his brutal propensities. The regimen of every good convict system is discipline, its incentive its hope.-Telegraph. BETTING BOOTHS ON RACECOURSES.-A very important decision has been given at the Doncaster police court with regard to betting stands on raceMessrs. T. Marley, T. Walker, Dr. Scharfield, S. The case was heard before the Mayor and Sheridon, W. Dunhill, and E. C. Clark. The information was laid under the 16 & 17 Vict., and consisted of three separate indictments under the 1st, 4th, and 7th sections respectively. The defendant was Mr. James Keene, of London, a well-known principal scene of his exploits. There are few bookmaker and commission agent, who attends offences in the Penal Code which he had not com- almost all meetings of any note. The case against mitted, and in all he had undergone twenty-five him was that he was using an office or place, and condemnations. Among his adventures was one in exhibiting placards thereon calculated to induce 1815, when he put on the uniform of Marshal Brune, 'improvident persons to bet," and with receiving whose servant he then was, and went to Valenciennes money for that purpose. The court was crowded by to review the troops. His last performance was six list keepers from all parts. Mr. Sleigh, barrister, years ago, when, notwithstanding his advanced age, appeared for the prosecution; and Mr. Peace de he succeeded in embezzling a large sum of money, fended. The case occupied the court for some hours, and in stealing a horse and gig from a commercial and was listened to by the chief members of the cortraveller. During his repeated detentions he was poration. The brief facts are as follows:-At the never once punished in prison; he most scrupulously September meeting of last year the corporation let a observed all the regulations and treated the gaolers portion of ground on the east side of the grand stand with the utmost respect; he, in fact, considered for the purpose of the lessees erecting betting booths himself as forming part of the establishment. In his last moments he derived consolation from the corporation, the same land was again let to or offices. At the last meeting, on the instruction of religious instructions and implored the Divine mercy Mr. Nicholls, of Nottingham, for 6301. That gentleman sublet the ground to the defendant and for his offences. others, who erected or caused to be erected a number of boxes, offices, &c. Evidence having been given to show that betting transactions had taken place with the defendant, Mr. Peace addressed the bench at some length, contending that the box used as a betting stand was not an office or place within the meaning of the Act. Mr. Sleigh also followed at some length, contending that the box was an office or place to all intents and purposes. The defendant was known to be there for days, and therefore clearly came within the meaning of the Act. The Mayor, after consulting with his brother magistrates, said the bench was of opinion that the place used by the defendant came within the meaning of the Act. Mr. Sleigh then applied for a formal conviction in each case, and the bench fined the defendant 20%. under the 1st section, or six weeks' imprisonment; 10%. under the 4th section, or a month; and 57. under the 7th section, or a month. Notice of appeal was then given, and the parties were bound over to prosecute a case at a superior court the defendant in 150%, and another London gentleman in the same sum. IMPORTANT CONVICTION UNDER THE FACTORY ACT.- At the Leicester Town-hall, on Monday, Mr. C. Girardot, sub-inspector of factories for the district, charged Messrs. Foster and Bunney, hosiery manufacturers, with neglecting to produce the register-book, as required by the Act, when he visited their warehouse on the 30th Aug. On a satisfactory explanation being given, the summons was -Sarah Benford was then charged with withdrawn.wilfully obstructing the said inspector in the discharge of his duty on the above date. Mr. Girardot stated that on the 30th ult. he went to Messrs. Foster and Bunney's warehouse, where he saw the defendant, who had the superintendence of one of the upper rooms. As he entered the room he saw a woman hold up her hand, as though it were a signal to some one. This circumstance aroused his suspicions, and he opened a side door which led into a small lumber-room adjoining. In this room he found three children-Alice Lewitt, aged nine; Susan Hiscock, aged ten; and Ada Marlow, aged twelve, all concealed under a counter. On making inquiries he found that none of these girls had been seen by the doctor, nor were entered on the register kept at the warehouse. When he began to question the children he was frequently interrupted by the defendant. One of the children, Alice Lewitt, was called before the magistrates, and in reply to the town clerk said when the inspector was coming up the stairs Mrs. Benford told her and the other. two girls to go into the next room and get under the counter. The defendant said the counter was that they had only been in the reason she told the girls to go under the place a few days, and having neglected to have be angry with her. The magistrates fined defendant them registered she was afraid her employers would 47. in each case, or one month's hard labour, making a total of 12., or three months' hard labour.--Ann with neglecting to send her child to school during Lewitt, mother of Alice Hewitt, was then charged Bunney's. the week she was employed at Messrs. Foster and It was proved that the girl had not after the visit of the inspector to the warehouse her been sent to school as required by the Act, and mother went to the schoolmistress and told her to enter "sickness" as the cause of her little girl's absence. The defendant stated to the magistrates that she had to keep the girl at home half each day to nurse the baby, which was ill, and she was unable to stay at home herself. On defendant expressing her sorrow for what she had done, the inspector withdrew the summons, but told defendant that nothing but the illness of the child herself could be taken as an excuse for her absence from school, and that if she went to work one day in a week she must attend school half each day during that week. WILLS AND BEQUESTS.-Probate of the will, with eight codicils, of his Grace the Most Noble George, Duke of Northumberland, P.C., LL.D., of Alnwick bate to his eldest son and successor, Algernon Castle, was granted by Her Majesty's Court of ProGeorge, heretofore Earl Percy, the sole executor. The trustees therein appointed are Lord Redesdale and the testator's brother, the Hon. Charles Bertie Percy. The personalty in this country was sworn under 350,000l. The will is dated Feb. 22, 1865, and the last codicil July 13, 1867, the signature feebly written. The testator was grandson of Hugh, first Duke of Northumberland, and succeeded to the title and estates Feb. 2, 1865, and died Aug. 21, 1867, at the age of eighty-nine, leaving issue three sons and two daughters, his eldest son and successor being now in his fifty-seventh year. By the death of the late Dowager Duchess of Northumberland, in July 1866 his grace states in his will that his income had increased 12,000l. per annum; from which he makes a further provision for his daughters and will, and leaves the policies which were effected on younger sons, in addition to the bequests by the his life in the Equitable, Law Life, and other inWilliam Percy and Major-General Lord Henry Hugh surance offices, to his two sons, Lord Josceline Manvers Percy, V.C., M.P., and appoints his eldest son, the present duke, residuary legatee of his per |