ESTATE AND INVESTMENT STOCK AND SHARE MARKETS. THE following are the fluctuations of the week: ENGLISH FUNDS. Fri. Sat. Mon. Tues. Wed. Thur 253 251 251 252 912 914 Do. do. Jan. 1894... 75 New 3 Cent. Ann. New 3 5 Cent. Ann. ... Cent. Annuities...... 5 Cents. Jan. 1873... Ann. 30 yrs. exp. April 5, 1885 Do. exp. Jan. 5, 1880 Red Sea Tele. Ann. 1908 Consols 5 India Stock Cent. for Ac. 913 93 91 916 91} ... 914 924 ... India 5 Cent. for Acc. India 4 Cents. 1888... India 5 Cents. 1870... ... ... India Bonds (10007.)...... 58s. a 60s, a 60s. a ... Do. do. 1864 India Enfaced Paper, 4 Do. do. 5 c. Jan 1872 103 103 1034 1034| Do. do. 5 c. May 1979 Ex. Bills, 1000%............. Do. 5001. ... 1081 27s. a 108 Do. 100%. and 2004 progress of hope, produced also the prospectuses ESTATE MARKET. Mr. BRAY has for sale, on June 11, a freehold Messrs. Fox and BOUSFIELD have numerous properties for sale on the 12th, in London and its environs, which will be found specified in the advertisement. Messrs. NORTON, TRIST, WATNEY and Co. announce for disposal, on the 14th inst., some highly important building land, wharves, and business premises, in and about the metropolis, particulars whereof will be found advertised this day. On the 26th inst. Messrs. WINSTANLEY will offer a freehold and part copyhold estate of 121 acres at Hendon, and a residence and 42 acres at Dedham, Essex. The above sales will all take place at the Mart. Messrs. NEWSON and STANLEY announce for sale, at the Guildhall Coffee-house, on the 1st 228. a July, an important freehold estate of 862 acres in Leicestershire and Warwickshire. a Premium. 6 Ex. div. c 5 per cent. Aug. 1873, 104. ... ... PUBLIC COMPANIES. BANKS. London Chartered of Australia.-A dividend at the rate of 8 per cent. per annum, and a bonus of 1 per cent. will be recommended. English and Swedish Bank (Limited.)-Creditors are required to forward particulars of claims to the liquidators, Messrs. E. Johnston, J. H. Johnston, C. Bell, and T. A. Hankey, of 13, St. Helen's-place, on or before the 17th June. Bank of British North America.-The dividend to be declared on the 4th June will be at the rate of 6 per cent. per annum, with a bonus of 11 per cent. Scinde, Punjab, and Delhi Bank Corporation (Limited). The liquidators have announced a further return of 10s. per share to the proprietors. FINANCE, CREDIT, AND DISCOUNT COMPANIES. Trust and Loan Company of Upper Canada.-An 8 per cent. per annum dividend, less income tax, is recommended. London and Australian Agency Company.-A divi- ASSURANCE COMPANIES. MISCELLANEOUS COMPANIES. Ramsgate Victoria Hotel Company (Limited).- Liebig's Extract of Meat Company.-6 per cent. London and County Agency Association (Limited).- By Messrs. WOOD, LANGRIDGE, and Co., at the Auction Mart. Freehold residential estate, Norwood-green, Heston, Middle sex, of 23 acres, aunual value 3001-sold for 77501. Long leasehold house, 10, Alexander-roid, Blyth-lane, Freehold, 2a. 3r. 32p. of arable and wood land, situate in Brooke-lane, on the road to Salisbury-green, Hants-sold for 2401. By Messrs. BROAD, PRITCHARD, and WILTSHIRE, at the Leasehold, two cottages, in Fox street. Rathbone-street, LEGISLATION AND JURIS- HOUSE OF LORDS. PLEAS, COUNTY PALATINE OF LANCASTER BILL. The EARL of DEVON moved the second reading of this Bill. The object of the Bill was to divide the County Palatine of Lancaster into three districts, and to appoint a prothonotary to each. Originally there had been only one, when the assizes were held at Lancaster, but since the establishment of the assizes at Liverpool and Manchester this had been found very inconvenient. The general scope of the measure had been long under the consideration of the Duchy, and the proposed arrangement would greatly facilitate assize business.- The Bill was read a second time. CRIMINAL LAW BILL. of the Bill, said that it had been introduced into the Lord CRANWORTH, in moving the second reading House of Commons by the right hon. and learned Recorder of London for the purpose of amending the criminal law by restricting the operation of the provisions of the first section of the 22 & 23 Vict. c. 17, which was an Act passed to prevent vexatious indictments for certain misdemeanors, such as &c. The first clause of the Bill provided that the conspiracy, obtaining money under false pretences, provisions of the first section of the Act to which he had referred should not extend to prevent the presentment to or finding by a grand jury of any offences mentioned in that Act, if such count were bill of indictment containing a count for any of the such as might now be lawfully joined with the rest of the bill of indictment, and if it were founded, in the opinion of the court before which the indictment depositions taken before a justice of the peace, and was preferred, upon the evidence disclosed in any that nothing in that Act should prevent the presentment to a grand jury of any bill of indictment if such indictment were presented to the grand jury with the consent of the court before which the same might be preferred. The second clause provided that prosecutor, having indicted before a grand jury, where a magistrate had refused to commit and the failed to establish the guilt of the person charged, the court should have power to order the prosecutor to pay the costs of the accused person in the event of its thinking that the prosecution was unreasonable. The next clause was one which it was most important for the honour of the country should be made the law of the land. Complaint was frequently made by persons charged with indictable offences upon their trial that they were unable from want of means to call witnesses who might establish their innocence, and accordingly the 3rd clause provided that where a person was charged with any indictable offence the magistrate should before committing him for trial ask him whether he desired to call any witnesses in his defence, and in the event of his answering in the affirmative the magistrate should take the depositions of such witnesses, who should be bound over to appear to give evidence on the trial, in which case their expenses would, of course, be paid. There were some other clauses of minor importance in the Bill to which he need not refer. He begged to move the second reading of the Bill.- The LORD CHANCELLOR said that the Bill had been introduced into the other House by very high authority, and as he had no objection to any of the clauses he should assent to its second reading. After a few observations from Lord PORTMAN, the Bill was read a second time. STATUTE LAW REVISION BILL. The LORD CHANCELLOR, in moving the second reading of this Bill, said it was a very simple measure, its object being to continue the great work of the revision of the Statute-book. Among the thousands of statutes in that book many had become obsolete, the provisions of many others had been repealed by subsequent Acts, and the law entirely altered, notwithstanding which those statutes still incumbered the Statute-book. The first attempt to deal with this question was by the appointment of the statute Revision Committee a few years ago, and the course which they took was to begin with the year of their appointment and work backwards, and they thus wen back to the 10th of George III. An Act was passed in 1861 for the repeal of the Acts which had ceased to be in force otherwise than by express repeal; and it extended from the 10th of George III.to the 21st and 22nd year of the Queen. In 1863 a fresh revision took place of the statutes, ranging from Magna Charta down to the end of the reign of James II. The present Bill would fill up the gap between the end of James II. and the 10th of George III. By the first Act 800 statutes had been got rid of; by the second, 1900; and the present Bill would repeal a like number. The effect of all these revisions would be that the statutes at large, from Magna Charta down to the 21st and 22nd of the Queen, extending over eighty-six or eighty-seven volumes, would be compressed into six or seven. The Government thought it most important that there should be a classified index of this kind, arranging the statutes under different heads in chronological order, and that the titles of the statutes passed each session should be published in the form of a blue book at the end of every session, and added once in seven years to the index, of which new editions could be published at that interval. The matter had been referred to the consideration of three competent gentlemen who had reported that such an index might be completed by the end of the summer of 1868. He had thought it desirable to inform their Lordships that such a scheme was on foot; and he proposed to entrust its accomplishment to Mr. Wood, than whom there was no one better able to discharge the duty with ability and dispatch.The Bill was then read the second time. ADMIRALTY, DIVORCE, AND PROBATE COURT BILL. Upon the motion for the third reading of the Office of Judge in the Admiralty, Divorce, and Probate Court Bill, Lord CRANWORTH renewed his objections to an increase in the number of the Judges, which he contended was not needed if a proper distribution of the duties was made, and concluded by moving to defer the third reading for six months. The LORD CHANCELLOR repeated the arguments he had advanced at an earlier stage in support of the Bill, interests, dwelling particularly upon the weakening which he declared to be necessary in the public of the Judicial Committee of the Privy Council, in consequence of the compulsory non-attendance of the Judges of the Admiralty and Divorce and Probate Courts. HOUSE OF COMMONS. Mr. DENMAN moved the second reading of this Bill. Mr. HUNT said that in the absence of the Chancellor of the Exchequer, who had not expected the adjourned debate on this Bill to be resumed to-day, he trusted the hon. and learned gentleman would not press his motion. Mr. C. BENTINCK moved the adjournment of the debate. The House divided-For the adjournment, 91; against, 132; majority against the adjournment, 41.- Mr. AYRTON said that, having moved the adjournment of the debate when the Bill was last under the notice of the House, he might be permitted to express his regret that the House had decided upon resuming the consideration of a measure of so much importance only a few minutes before the usual hour of adjournment. It was very easy and agreeable, no doubt, for any individual member to propose to relieve a particular class from the payment of a tax, but it was the duty of the House to consider the interest of all classes of society. When this question was last before the House he had thought it their duty to leave the Chancellor of the Exchequer free and unfettered, in order that he might first state the financial proposals of the year. If he had pressed upon the notice of the right hon. gentleman any particular taxes which, above and before all others, had a claim upon his attention, it would have been the taxes on locomotion. Why should they take 18. a day from a poor cabman for the National Exchequer before they allowed him to drive his cab along the streets? Why should omnibuses and omnibus drivers pay a tax? If a man who kept a tax cart for the purposes of his business met his wife on the road and gave her a ride, he was liable to be heavily taxed, if he were on bad terms with the tax-gatherer. The taxes on locomotion were, indeed, involved in extraordinary absurdity and perplexity. There was a special reason why the House should not at the present moment remit the certificate duty paid by attorneys. The National Exchequer would have to contribute something towards the new courts of justice. The concentration of these courts would enable the attorneys to perform various duties in less than half the time and at half the trouble they now involved, while no proposal was made to reduce their fees and remuneration.A quarter to five o'clock having now arrived the debate was, by the rules of the House, again adjourned. COUNTY COURTS AMENDMENT BILL.-The Lord Chancellor's Bill contains a number of miscellaneous provisions for the amendment of the County Courts Acts. Clause 4 provides that no action shall henceforth be maintainable in any court for a debt due in respect of the sale of beer, cider, or perry consumed ou the premises where sold. Clause 2 enacts that in actions for the price of goods sold to the defendant in the way of his trade judgment may at once be signed if the defendant, after notice, shall not declare his intention to defend the action. Facilities are given for remitting to the County Court, by order of a judge at chambers, causes improperly brought in a superior court, including actions of tort (if the defendant makes affidavit that the plaintiff has no visible means of paying costs if defeated), unless the plaintiff gives security for costs. Actions of ejectment and actions in which title comes in question are to be within the jurisdiction of the County Court if the value of the property does not exceed 201. a-year, but the judge may allow an appeal in the same manner as under the County Courts Act of 1850. Under clause 17 trust-funds within the meaning of the Act of 1847, for better securing trust funds and for the relief of trustees, may, where the fund does not exceed 5007., be paid or transferred to the registrar of the County Court. Hereafter no action which can be brought in a County Court is to be maintainable in any hundred or other inferior court, not being a court of record; officers of these courts will be entitled to receive from the Treasury compensation for loss of it come. The Loan Societies Act of 1840 is repealed, so far as it allows loans to be recoverable before a justice. The County Court registrar is empowered to give leave to enter a plaint in the district in which the defendant dwelt or carried on his business within the preceding six months, or in which the cause of action wholly or partly arose. RAILWAY COMPANIES BILL.-The Railway Companies Arrangements Bill of the Government has emerged from the Select Committee with not even its title left unaltered. It is, in fact, a new Bill that is now before the House. Instead of casting upon inspectors appointed by the Board of Trade the duty of framing a scheme for the arrangement of the affairs of railway companies unable to meet their arrangements, the Bill now proposes that the directors may prepare a scheme of arrangement between the company and its creditors, file it in the except with leave of the court, to be obtained on Court of Chancery, and thereby stay executions, summons or motion in a summary way; and if the scheme shall be assented to by three-fourths in value of every class of the creditors and shareholders affected the directors may apply to the court for confirmation of the scheme if the court is satisfied that it is just and reasonable. But if this application to the court is not made within three months after the filing of the scheme, or if the scheme is not confirmed, the company shall be deemed unable to pay its debts, and may be wound-up under the Companies Act of 1862, and the railway may be sold. With regard to the remedies of creditors, the Bill further provides that no judgment-creditor on a debenture or contract made after next October shall enforce his judgment by an execution; but a judgment-creditor, if left unpaid for two months, may institute a suit in Chancery and apply for the appointment of a receiver and manager, whose duty will be to distribute the traffic receipts as the court shall direct; and if such receiver and manager shall be continued for twelve months the company may be wound-up by the court under the Act (of 1862 and the railway sold. In all these proceedings the Board of Trade is to have power to intervene, if the public interests require such intervention. The Bill provides that a railway company shall not be deemed to have borrowed money in excess of its debenture limit by reason of its having shortly before the falling due of principal money obtained an advance from bankers or otherwise to pay off such principal money. The Abandonment of Railways Act of 1850 (under which above 1500 miles of line were abandoned) is to be extended to all railways authorised by Acts passed before the present session. THE NEW VACCINATION ACT.-The Bill introduced into the House conjointly by Lord Robert Montagu, Mr. Gathorne Hardy, and Mr. Hunt, upon the subject of vaccination, contains in its thirty-six clauses several important provisions. The design of the measure is clearly the establishment of a more efficient organisation for rendering the performance of vaccination not only universal and compulsory, but also more perfect. The guardians of the poor are to be compelled (and all their doings are to be fully approved by the Poor Law Board) to divide tract with qualified practitioners, who shall be called their districts conveniently, and to enter into con"public vaccinators,' to carry out the vaccination of the poor. The Privy Council is to be entrusted with the administration of the grant of the National The fee for vaccination, which varies from 1s. 6d. to 3s. per case, according to the distance of the vaccinating station from the contractor's residence, is to be paid for successful cases only; provision is made for revaccination, and for the disallowance by the auditor of parochial accounts for any payment on account of vaccination not allowed by contracts made. The guardians are empowered to arrange for the attendance of the vaccinators in certain districts which are thinly populated at intervals not exceeding three months; and to dispense in this case with the necessity of parents having their children vaccinated within the first three months of life; the vaccination, however, to be performed before the expiration of Vaccine Establishment. the next period. The registrars of districts are to be compelled, on or within seven days of the registration of the birth of every child not already vaccinated, to give to the person in charge of the child a notice, requiring that it shall be vaccinated, and pointing out when and where it can be done; and the vaccination must be performed within three months of the birth of the child by the public vaccinator, or a private practitioner, the operation by the former not being considered as parochial relief. Postponement of the vaccination can only take place on account of ill-health, and the necessity for this step must be specially certified. A clause directs that children vaccinated by the public officer are to be inspected, and that revaccination be ordered if necessary. All certificates of successful vaccination are to be sent to the registrar of the district in which the child is born, a duplicate being handed to the person in charge of the child; and when the operation is performed by a private practitioner the parent or guardian must send the certificate to the registrar. There are certain penalties to be enforced; one of a pound for neglecting to have a child vaccinated; another of the same amount for not transmitting the certificate to the registrar or refusing, in the case of a medical man, to sign it. False statements are to be regarded as misdemeanors. The Bill is to some extent retrospective, for by it justices are given the power to order unvaccinated children under thirteen years of age to be vaccinated. SOLICITORS' JOURNAL. NOTES OF NEW DECISIONS. EXECUTORS-ADMINISTRATION - PRACTICE.Two executors and trustees under a will which directed a general conversion, sold and realised a large amount, which was received by one by the direction of both. The one who undertook the sole management of the estate became bankrupt and a great loss occurred. A suit was instituted by summons in chambers, and under the common decree it was sought on summons to charge the non-acting executor and trustee with two surcharges on the ground of constructive receipt. The summons was dismissed with costs, on the ground that such a surcharge could not be made in such a form of suit: (Peterson v. Peterson, 17 L. T. Rep. N. S. 377. V.C. M.) COUNTY COURT-NEW TRIAL.-Where a cause has been tried in a County Court by order of a judge of a Superior Court, under the 19 & 20 Vict. c. 108, s. 26, the time for moving for a new trial must be computed from the date of the trial, and not from the date of the filing of the certificate in the master's office: (Copcutt v. The Great Western Railway Company, 16 L. T. Rep. N. S. 384. C. P.) CONCURRENT ACTIONS.-Where actions for the same matter are depending both in England and Ireland, the plaintiff may be compelled to elect in which country he will proceed: (Alexander v. Adams, 16 L. T. Rep. N. S. 384. C. P.) SEVERAL COUNTS - DAMAGES - COSTS.- A declaration contained three counts-for trespass, assault, and slander. Plea, not guilty. Verdict, 40s. It was held that the damages must be divided between the three counts. 17. 19s. 11 d. was applied to the count for slander, and one farthing to each of the others: (Burton v. Low, 16 L. T. Rep. N. S. 385. C. P.) SECURITY FOR COSTS.-Plaintiff in an action had executed a deed of inspectorship for the benefit of his creditors without assignment. Defendant applied to the court to order plaintiff to give security for costs, but the Court refused: Smith v. Saunders, 16 L. T. Rep. N. S. 386. C. P.) NEGLIGENCE-RECOVERY FOR.-In order to recover damages for non-sale owing to delay in carrying, there must have been an actual contract to buy for a price: (Hart v. Baxendale, 16 L. T. Rep. N. S. 290. Martin, B.) for goods bargained and sold, where the defenPOWER TO AMEND PLEADINGS.-In an action dant pleaded a set-off, the particulars of which had not been delivered till after joinder of issue; the judge considered that he had no power to allow the addition of a replication of the Statute of Limitations to the set-off: (Branker v. Crozier, 16 L. T. Rep. N. S. 391. Martin, B.) Attes PROBATE PRACTICE ATTESTATION. — tation being requisite to the validity of a will one, at least, of the attesting witnesses, if they or codicil, the due execution must be proved by be living. It will not suffice to prove the execu tion by other witnesses who were present at the time, but did not attest the instrument: (Bowman v. Hodgson, 16 L. T. Rep. N. S. 392. Prob.) DIVORCE PRACTICE.-On a husband's petition for dissolution of marriage, the Queen's Proctor intervened, and pleaded (inter alia) that adultery had been proved against the petitioner in a former suit, and such suit dismissed in consequence. This was held good on demurrer: (Conradi v. Conradi, 16 L. T. Rep. N. S. 292. Div.) The paragraphs or separate statements in an answer to a petition are not in the nature of pleas at common law, and it is not therefore necessary that each in itself should be a complete answer to the petition. They should, however, be relevant and material: (Ibid.) WHERE REPLEVIN LIES.-Replevin lies for goods improperly taken for poor-rates, even though an appeal against the poor-rate has been disallowed by a court of quarter sessions, acting within its jurisdiction: (Rhymney Railway Company v. Price, 16 L. T. Rep. N. S. 394. Bail.) ARBITRATION FINALITY OF AWARD. An award is not necessarily bad for want of finality or for inconsistency because the arbitrator has found for the plaintiff on one of the issues, in respect of which he has given no damages. It may be ground for moving to set aside the award at the instance of the plaintiff, but not by the defendant, for he cannot be prejudiced by the omission to award damages. Nor does an arbitrator exceed his jurisdiction when a cause and all matters in difference are referred to him, by making an award "in respect of matters in difference," which could not have been decided at the trial of the action, but might have arisen out of it: (Kerslake v. Cox, 16 L. T. Rep. N. S. 396. Bail.) RE-SEALING WRIT.-A judge has no power to order the re-sealing of a writ which has once run out of date. If, of several re-sealings, one was made too late, all subsequent re-sealings are bad, though an attempt has been made to cure the original defect by a judge's order: (Fisher v. Cox, 16 L. T. Rep. N. S. 397. Bail.) SET-OFF AND PAYMENT INTO COURT.-A defendant who pays money into court, in part satisfaction of the demand for which he is sued, and pleads set-off as to the remainder, does not admit the debt so as to estop him from suing the plaintiff in respect of the set-off so pleaded: (Williams v. Stear, 16 L. T. Rep. N. S. 397. Bail.) NOTICE OF TRIAL AFTER POSTPONEMENT.-It is not incumbent on a plaintiff to give fresh notice of trial when the cause has been made a remanet by order of court, obtained at the instance of the defendant. And though it has been otherwise held in some cases, there is no invariable rule of practice on the subject. It is a matter of judicial discretion: (Claudet v. Prince, 16 L. T. Rep. N. S. 397. Bail.) ARBITRATION-EVIDENCE-An award is not necessarily bad because the arbitrator has taken evidence in the absence of both the parties. And such an irregularity may be so treated by the disputants as to prevent them afterwards taking any objection to it: (Thomas v. Morris, 16 L. T. Rep. N. S. 398. Bail.) COURT OF QUEEN'S BENCH, Ex parte IBBETSON, re AN ATTORNEY. This was an application against an attorney, calling upon him to answer upon affidavit as to certain matters with a view to having him struck off the rolls. The application was made partly upon the ground of his having received moneys for which he had not accounted, but chiefly on the ground that he had endeavoured collusively to get his own client arrested. The application was made under these circumstances as stated on affidavit. The applicant, the client of Mr. Ibbetson, had a farm in Derbyshire, adjoining the Duke of Rutland's estate in that county. There being some moorland on that estate, the game from which came upon the farm, there was a good deal of game upon the farm, and Ibbetson let the shooting to the attorney at 50%. a-year. Disputes about the game ensued between his keepers and the duke's, and he brought an action of trespass against the duke in the name of Ibbetson, in which the defendant paid a small sum and costs, which the attorney received. Fresh disputes, however, arose, which led to a second action, which also was brought in the name of Ibbetson by the attorney under an indemnity from him to Ibbetson, as the nominal plaintiff, to hold him harmless against any costs which might be incurred. In this action the duke succeeded, and the result was that Ibbetson, the plaintiff upon the record, became legally liable to the duke to pay the costs of the action, amounting to nearly 150%. In consequence of this he was threatened with arrest, and communications were about to take place between him and the duke's advisers, in order to disclose the real truth of the transaction, his account of which was that he was only nominal plaintiff, that the action was really brought by the attorney to protect his own interest as lessee of the shooting, and that he had given his nominal client an indemnity against the costs. It was stated, however, that the letter of the duke's advisers appointing an interview was intercepted by latter went to the duke's attorney and told him that a person in league with the attorney, and that the if he desired to arrest Ibbetson on the judgment for the costs, he would be able to do so at a certain time and place. It was suggested that the object of this was to prevent Ibbetson from disclosing to the duke's advisers the real nature of the transaction, and the fact that the attorney himself was the real plaintiff, and really liable for the costs under his indemnity. The parties had been indicted at the last assizes for a conspiracy to cheat the duke, and, after a lengthy trial, they were acquitted upon that charge. Overend (with him S. Will) now moved on an affidavit, stating these facts on the part of Ibbetson, for a rule calling on the attorney to answer the matters thus stated, with a view to having him struck off the rolls. There had been an acquittal on the charge of conspiracy to cheat the duke, but this was quite a different charge against the attorney. The charge was chiefly that he had in effect betrayed his own client; that he had gone behind his arrested, and arrested for a debt for which he was back to the other side and endeavoured to get him not really liable, and for which the attorney himself had given him an indemnity. The manifest object of this was to prevent the real truth from coming out by shutting up his client in prison. It was for the court to say whether a man was fit to be upon the rolls of the court who was so lost to honour as to be ready to betray his own client. The duke's advisers were astounded when the communication was made to them, and said, "What! you suggest the arrest of your own client ?" and they declined to take any advantage of the communication, but it would be for the court to say whether such a man was worthy of remaining on the rolls. The Court granted a rule. COURT OF COMMON PLEAS. Ex parte SMITH, re AN ATTORNEY. Pearce showed cause against a rule, calling (on behalf of Miss and Mr. Smith) on an attorney of the court to show cause why he should not pay over the sum of 115. In Oct. 1865, a Mrs. Bannerley was desirous of going with her daughter, Miss Smith, to Australia, and she applied to the attorney to write to Mr. Smith, who resides in Wales, to provide them with the means of emigrating. In Feb. 1866, Mr. Smith forwarded the attorney a cheque for 1757. The money was not to be handed over to them, but 100%. was to be spent in their outfit, and 50% was to be remitted to Australia for their support when they arrived there, until they could obtain the means of Australia, and the attorney communicated to Mr. subsistence. The lady afterwards refused to go to Smith that fact, and asked him what he was to do with the money. He then gave directions that a portion should be paid over to Miss Smith. It then turned out that Mrs. Bannerley was a married woman, and her husband claimed the money. In February Mr. Smith wrote to the attorney to pay the money to Miss Smith, but before he had done so he wrote another letter to the attorney revoking that letter, and requesting that the money should be The attorney, under the circumstances, declined to pay the money over without the direction of the court. returned to him. Butler Rigby appeared in support of the rule. The COURT said the attorney must have known that the husband could not have had the slightest claim to the money, and that Mr. Smith, having revoked the order of payment to Miss Smith before the money was paid over, was clearly entitled to the money. The rule would be made absolute, with costs. Rule absolute accordingly. MANSION-HOUSE POLICE COURT. Monday, May 27. FORGERY BY A CLERK TO SOLICITORS. James William Keefe, was charged before the Lord Mayor with uttering a forged cheque. Č. M. Rawlins (solicitor) conducted the prosecution, and Beard appeared for the prisoner. From November last until the beginning of February the prisoner had been a junior clerk in the service of Messrs. Bischoff, Coxe, and Bompas, solicitors, Coleman-street, but was discharged in consequence partly of some irregularities on his part in the posting of letters. On the 9th March last a cheque for 301. 3s. in favour of Mr. Charles Buck, and purporting to be signed by Messrs Bischoff, Coxe, and Bompas, was presented at the London Joint-Stock Bank in Prince's-street, on which it was drawn, and paid across the counter in the ordinary way, but the clerk who cashed it could not say by whom it had been presented. Among the money, however, received in exchange for it was a 201. Bank of England note, and that afterwards, from circumstances connected with it, threw suspicion on the prisoner, who had then left the service of the prosecutors, in whose names the cheque was drawn. The signature was an imitation of the handwriting of Mr. Coxe, one of the firm, and a very good imitation it was pronounced to be, another proof of which was that the cheque had passed muster at the bank. On the 29th April, nearly two months afterwards, some person applied at a moneyorder office in Throgmorton-street, kept by Mr. Bazley, for and obtained two post-office orders for 97. 198. and 47. 15s. 7d., tendering in payment a 207. Bank of England note and receiving a sum in change. Elizabeth Bennett, a young woman employed in the money-order office, said the prisoner, though she thought she had seen him there before, did not apply for the orders, but she produced the written application for them, and that was proved by two other witnesses to resemble the prisoner's handwriting. The order for 9. 198. Was made payable to T person at Gravesend non existent, as was afterwards proved, and on the 17th May the prisoner applied to Mr. Newman, the postmaster there, to have it cashed, and having satisfactorily answered a question put to him as to the name of the sender, the money was handed to him. While the prisoner was in the act of taking it up Sergeant Spittle, a city detective officer who was upon his track, entered the office and arrested aim. On being searched the other post-office order for 41. 15s. 7d. with 21. 3s. odd in money was found upon the prisoner, and in reply to questions he stated in effect that both orders had been made payable to fictitious persons. The 207. note received in exchange for the forged cheque was produced by Mr. Baily from the Bank of England, it having been paid in there, he said, ou the 30th April though Messrs. Glyn, who had received it on the same day from Mr. Bazley, of the money-order office in Throgmorton-street. note was indorsed on the back, "A. B. Sword, 16, Finsbury-pavement," and Mr. Sword proved that to be a forgery, and that the note had never been in his hands. He explained that he had advertised for a clerk, and that on the 2nd March the prisoner called at his office in reply to the advertisement, but he did not engage him. Mr. Dean. a clerk to Messrs. Bischoff, Coxe, and Bompas, stated that the forged cheque was written upon a form which had been taken from Mr. Bompas's private chequebook, and that on the 31st Jan. last a genuine cheque for 31. 3s. which had been drawn by Mr. Coxe, one of the firm, in favour of Mr. C. Buck, and inclosed in a letter to Mr. Birch, which letter was handed to the prisoner to post, never reached its destination. The On receiving the usual caution from the Bench, the prisoner replied that he would reserve his defence. The Lord Mayor committed him for trial, directing at the same time, on the application of Mr. Beard, that the money found upon the prisoner, with a watch and some little personal ornaments, should be given to his mother, a poor widow, whose principal support he had been. GENTLEMEN APPLYING TO BE ADMITTED AS ATTORNEYS. Trinity Term 1867. Collins, Joseph Pullen, Leytonstone, Essex-J. P. May. Princes-street, Spitalfields Darville, Thomas Henry, 16, Stanley-road, South Hackney Wilson, Laurence, 39, Hunter-street, Brunswick-square; and 14. Osborne-terrace, Clapham-road-J. R. Browne, Nottingham On the Last Day of Trinity Term 1867. Adams, Francis Cadwallader, 1, Hampstead-lane, Highgate-J. V. Longbourne, 4, South-square, Gray's-inn Bearpark, John, York: and Tiverton- W. P. Parkinson, York Bingham, Joseph, Sheffield-N. Creswick, Sheffield Gibbs, Philip Washbourne-15, Brunswick-square; and 27, John-street, Bedford-row-T. W. Gibbs, Bath Johnston, William John, 9, Shadwell-street, Myddeltonsquare; and Newcastle-upon-Tyne-W. Johnston, Newcastle-upon-Tyne Jones, Frank Kirton, Woodmansterne, Surrey – J. M. Teesdale, 6, Frederick's-place, Old Jewry Jones, William Vaughan, 12, Goldington-crescent, Oakleysquare; and 41, Hawley-road, Kentish-town-M. Louis, Ruthin, Denbigh row Lambert, William Henry, 11 and 23, Upper Belgrave-place: 1 and Exeter-W. Lambert, Exeter Ledgard, Henry, 15, Pembridge-place, Bayswater-W. Ford, 4, South-square, Gray's-inn; H. Bell, 36, BedfordMilne, Frank, Manchester; Pendleton, near Manchester: and Amwell-street, Pentonville-E C. Milne, Manchester; E. C. Hopps, Manchester; A. P. Earle, MauMote, Joseph, North-road, Highgate; and 14, Archwayroad, Highgate M. Smith, 5, Berners-street, Middlesex Nicholson, Thomas Henry, Ambleside, Westmorland-J. Nicholson, Ambleside chester Osler, William Channing, B.A., LL B., Hastings; Edgbas- Presswell, Henry Jardine, Totnes, Devon; and 13, Craven- Vaudrey, Thomas William, Congleton, Chester: 6, Percy- Ward, James Livesey, Congleton; and 45, Florence-street, Worthington, Christopher, Congleton-J. E. Ward, Con- Wright, William Horace, Maze-hill, Greenwich; and 29, (For other names see p. 500 of previous volume.) Leigh, Alfred, Sale Moor, near Manchester Notices of Applications to a Judge at Chambers to Take Hayton, John Bond, 17, Market-place, Junction-road, Leather, Alexander William Dow, Sidmouth, Devon Parker, William, Manchester; and Lewisham, Kent Snell, Frederick John, Great Bardfield-lodge, Essex; RANDALL (Wm), Great Dunmow, Essex, brewer, &c. July THOMPSON (C. M. V.), Maple-house, Cold Harbour-lane, BANQUET TO THE JUDGES AND OTHERS AT THE MANSION-HOUSE. On Tuesday evening the Lord Mayor and the Lady Mayoress entertained Her Majesty's Judges, many of the more prominent members of the Bar, members of Parliament, the Court of Aldermen, the Sheriffs of London, the metropolitan magistrates, and others at dinner at the Mansion-house. The banquet was one of the customary series given in every mayoralty, and was served as usual in the Egyptian-hall. The TRIST (Rich.), 7. Boyces-street, Brighton. July 10; W. Birmingham. UNCLAIMED STOCK AND DIVIDENDS IN THE survivor. 5641. 7s 6d. New Three per Cents. Claimant, H. B. Edwardes, TAYLOR (Thos.), Hamilton-place, Highbury-park, Islington, TOWNES (Hannah M), Cheapside, spinster. Dividends on administrator. Snarham, Henry Mills, Forest-hill, Kent; and Birchanger, district Court of Bankruptcy, on Monday. Mr. Dale Езвех Spencer, William, 13, Rue de Paris, Lille Ward, Richard John, 14, Percy-circus, Pentonville APPOINTMENTS UNDER THE JOINT-STOCK ALDBOROUGH HOTEL COMPANY (LIMITED).-Creditors to send ENGLISH AND SWEDISH BANK (LIMITED).-Creditors to send in by June 17 their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to Johnson, Bell, and Hankey, 13, St. Helen'splace, London. FRIEND-IN-NEED LIFE, FIRE, GUARANTEE, AND ACCIDENTAL ASSURANCE COMPANY (LIMITED).-Creditors to send in by June 29 their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to H. T. Edwards, 9, King's-arms-yard, Moorgate-street, London. July 12, at eleven o'clock in the forenoon, at the chambers of M. R., is the time appointed for adjudicating upon such claims. SOUTH OF FRANCE WINE GROWING DISTRICTS COMPANY (LIMITED). Petition for winding-up to be heard before M. K., on June 8. WEST OF ENGLAND BREWERY COMPANY (LIMITED).-Petition for winding-up to be heard before V.C. S., on June 7. Mr. Richard Austin Dale, solicitor, representing the firm of Messrs. Duignan and Lewis, of Walsall, was committed to gaol for contempt of court by Mr. Commissioner Sanders, of the Birmingham refused to be sworn, as a matter of principle, but protested that he did not act vexatiously; but the commissioner expressed himself most strongly condemnatory of his conduct. Mr. Dale is a clerk to Messrs. Duignan and Lewis. THE BENCH AND THE BAR. HER MAJESTY'S BIRTHDAY. Sir John Rolt, Her Majesty's Attorney-General, gave a grand dinner on Saturday last to the Queen's Counsel and the leading members of the Bar, in celebration of Her Majesty's birthday, at the Albion, Aldersgate-street; the exterior of the tavern being brilliantly illuminated in honour of the occasion. Covers were laid for 100, and among the guests were the Solicitor-General, Sir J. B. Karslake, M.P.; the Queen's Advocate, Sir R. P. Phillimore, and the following Queen's Counsel:-Sir W. J. Alexander, Mr. J. Anderson, Mr. R. B. Amphlett, Mr. J. B. Aspinall, Mr. J. Bacon, Mr. J. Baily, Mr. E. Bazalgette, Mr. H. Bliss, Mr. R. Baggallay, M.P., Mr. W. B. Brett, Mr. G. Boden, Mr. J. Brown, Mr. J. R. WEY AND ARUN JUNCTION CANAL-Creditors to send in by Bulwer, Mr. R. D. Craig, Mr. H. W. Cole, Mr. W. June 10 their names and addresses, and the particulars of their claims, and the names and addresses of their solicitors (if any), to W. H. Smallpiece, Guildford, Surrey. June 24, at noon, at the chambers of M. R., is the time appointed for adjudicating upon such claims. CREDITORS UNDER ESTATES IN CHANCERY. at noon. farmer. June 1: H. S. Hodding, solicitor, Worksop, Notts. O'Malley, Mr. J. Osborne, Sir R. Palmer, M. P., Mr. CREDITORS UNDER 22 & 23 VICT. c. 35. H. Cooke, Mr. H. W. Cripps, Mr. H. Cotton, Mr. H. T. Cole, Dr. Deane, Mr. J. P. De Gex, Mr. J. R. Davison, Mr. J. Dickinson, Mr. W. Forsyth, Mr. R. Garth, M.P., Mr. G. M. Giffard, Mr. T. W. Greene, Mr. H. S. Giffard, Mr. C. A. Hoggins, Mr. W. V. Harcourt, Mr. B. Hardy, Sir G. E. Honyman, Mr. G. Jessel, Mr. T. Jones, Mr. E. K. Karslake, M P., Mr. D. D. Keane, Mr. J. Locke, M.P., Hon. A. Liddell, Mr. G. Little, Mr. H. A. Merewether, Mr. J. Monk, Mr. J. F. Macqueen, Mr. G. F. O. Mellish, Mr. C. Milward, Mr. J. B. Maule, Mr. W. A. Mundell, Mr. P. F. P. A. Pickering, Mr. J. H. Palmer, Mr. E. P. Price, Sir Thomas Phillips, Mr. S. Prentice, Mr. J. Pearson, Mr. C. E. Pollock, Mr. C. G. PriH. Rodwell, Mr. F. Roxburgh, Mr. C. J. Selwyn, M.P., Mr. J. Shapter, Mr. A. J. Stephens, Mr. W. D. Seymour, M. P., Mr. T. Southgate, Mr. E. F. Smith, Mr. R. S. Sewler, Dr. Spinks, Mr. S. Temple, Mr. C. H. Whitehurst, Mr. C. Wordsworth, Mr. T. Webster, Mr. J. Williamson, Mr. H. H. White, Serjt, J. B. Kinglake, M. P., Serjt. G. July 10; R. T. Campion, solicitor, 3, Bedford-circus, Hayes, Serjt. W. Ballantine, Serjt. J. H. Parry, Mr. J. Wickens, Mr. P. M'Mahon, Mr. J. N. Goven, Mr. A. S. Eddis, Mr. E. D. Pemberton, Mr. J. HanMr. F. S. Reilly, Mr. W. H. Melville, Mr. C. Hutton, Mr. F. V. Hawkins, Mr. G. W. Lawrence, Mr. J. Rolt, Mr. F. H. Harnel, Mr. T. P. Onslow, Mr. H. Watson, Mr. J. P. Fearon, Mr. W. H. Ashhurst, Mr. A. R. Bristow, Mr. J. Gardner, and ASHWORTH (Henrietta), 36, Chester-terrace, Regent's-park, deaux, Mr. J. R. Quain, Mr. R. P. Roupell, Mr. London, spinster. June 30; Farrer, Ouvry, and Farrer, BOLTON (Wm.), 146, Holborn-bars, London, wholesale GATES (William), Ilfield, Sussex, builder. July 1; Head and HODGSHON (Thos.), Wickham, Durham, farmer and butcher. HUGHES (Mary E. M.) Acton-house, Denbighshire, widow. shire. JEWELL (James), the elder, Lingfield, Surrey, gentleman July 1; W. A. Head and Son, solicitors, East Grinstead, Sussex. MACGREGOR (W. F.), Eaton-lodge, Wavertree, near Liverpool, ironfounder. July 10; Eden, Stanistreet, Pears, and Logan, solicitors, 57, Church-street, Liverpool. nen, Mr. H. S. Lawford. The Right Hon. Gathorne Hardy, Secretary of State for Home Affairs, gave a State dinner on the same day, also in celebration of Her Majesty's birthday. The company included the Lord ChanSept. 1; Brookes and Lee, solicitors, Whitchurch, Shrop cellor, the Earl of Belmore, Lord Naas, the Lord Chief Justice of the Common Pleas (Sir W. Bovill), the Lord Chief Baron of the Court of Exchequer (Sir Fitzroy Kelly), Lord Justice Turner, ViceChancellor Sir J. Stuart, Vice-Chancellor Sir Page Wood, the Judge of the High Court of Admiralty Mayor, the Recorder of London, the Right Hon. (the Right Hon. Stephen Lushington), the Lord Henry' Goschen, Mr. Justice Martin, Mr. Justice Blackburn, Mr. Justice Keating, Mr. Justice Pigott, Mr. Justice Smith, the Solicitor General for Scotland, the Vice-Chancellor of Oxford, Mr. Sheriff Lycett, Mr. Sheriff Waterlow, Mr. Alderman Lawrence, Mr. PEACE (William), Bognor, Sussex, Esq. June 23, Johnson Dodson, M.P., Mr. Sclater-Booth, M.P., Mr.J. Stewart Hardy, and Mr. E. A. Percival.' (Sir A. C.), 31. Dover-street, Piccadilly, Middlesex, AGENTS (Jul 20:) Carlisle and Cordell, solicitors, 8, New: MARKWELL (Rev. J. W.), 83, De Beauvoir-road, Kingsland, square, Lincoln's-inn, London. Middlesex. July 10; J. D. Finney, solicitor, 6, Furnival'sinn, London. MEARS (Isaa), Gedney-hill, Lincolnshire, farmer. Sept. 1; E. F. and E. Jackson, solicitors, Wisbeach, Cambridgeshire. MELHUISH (T. G.), 50, York-road. Lambeth, Surrey, M.D. July 1; R. Miller, solicitor, 6, Copthall-court, London. and Raper, solicitors, Chichester. by the Lord Mayor and the Lady Mayoress in the Mrs. Stone, The Lord Mayor gave the toast of "The Equity and Common Law Judges," referring in eloquent terms to the righteous and impartial administration of the law which distinguishes the times in which we live. Chief Justice Bovill, whose name had been ass ciated with the toast, acknowledged the high com pliment which had been paid to Her Majesty's judges. They had, he said, ever received there, a in every assembly of Englishmen, that tribute which their predecessors in former times had deserved They were honoured that evening with the company of a distinguished man, in whose footsteps he him self humbly endeavoured to tread (referring to enthusiastically cheered). He remarked in pa William Erle, the mention of whose name was that there was no post on the English Bench which was not open to any man in this country who devoted himself with assiduity to the study and practice of the law, and he alluded in grateful terme to the encouragement and assistance which its S practitioners had received from the corporatica London. WOLVERHAMPTON BOROUGH QUARTER SESSIONS. COUNCIL OF LAW REPORTING. goods improperly taken for poor-rates, although The societies of Serjeants-inn and Gray's-inn an appeal against the rate has been disallowed have, in pursuance of the Bar scheme, appointed by the quarter sessions: (Rhymney Railway Comrepresentatives to the council, which is now con-pany v. Price, 16 L. T. Rep. Ñ. S. 394. Shee, J.) stituted as follows: Ex officio members - The Attorney-General, the Solicitor-General, and the Queen's Advocate. Elected members-Sir Roundell Palmer, M.P., Q.C., and W. T. S. Daniel, Esq., Q C., for Lincoln's-inn; William Forsyth, Esq., Q.C, and G. M. Giffard, Esq., Q.C., for the Inner Temple; T. W. Greene, Esq., Q.C., and John Gray, Esq., Q.C., for the Middle Temple; James Barstow, Esq., and Lewin Taverner, Esq., for Gray's-inn; Mr. Serjeant Hayes and Mr. Serjeant Pulling, for Serjeants-inn; and William Williams, Esq., and W. S. Cookson, Esq., for the Incorporated Law Society. Sir Roundell Palmer is the chairman, and Mr. Daniel the vice chairman of the council. Lord Brougham arrived at his residence in Berkeley-square on Monday last, from his villa at Cannes. The noble and learned lord is in the enjoy ment of excellent health. SIR GEORGE BOWYER. (Before J. J. PoWELL, Esq., Q. C., Recorder.) Motteram, with whom was A. S. Hill, were the Kidd (Northern Circuit) and Warren were for the appellant. Mr. Murphy, the Protestant lecturer, on leaving was lately charged with attempting to bribe Mr. at which the retirement of the vendor, and the appointment of another officer in his stead, is published in the Gazette; and where there are several incumbrancers on the purchase-money arising from the sale, the one who gives notice to the agents first after the time of the publication is entitled to priority over the rest. From the period at which the agents so become trustees of the fund, they hold it in trust, first, for the War-office; secondly, for those incumbrancers on it who have given notice of their claims since the time of publication in the Gazette, according to their priorities; and, thirdly, for incumbrancers who have given no notice of their claims: (Earl of Suffolk v. Cox, 16 L. T. Rep. N. S. 374. M.R.) a LEASE-COVENANT.-A lease contained covenant that lessee should not, during the term, erect any new building or erection without the consent of the lessor. He erected a greenhouse and conservatory in a kitchen-garden without such consent, for which breach of the covenant the lessor brought an action of ejectment. The Court granted an injunction to restrain him: (Haigh v. Waterman, 16 L. T. Rep. N. S. 375. V. C. W.) be WILL ACCUMULATIONS. A testator queathed a sum of 2000l., the amount of a policy of insurance on his life," and all bonuses and other sums of money now or hereafter to be added thereto," upon trust for his wife for life, and upon her death to apply the annual proceeds for maintenance and education "of such of his children as should for the time being be under the age of twenty-one years; and on his youngest child attaining the age of twenty-one years, if his wife should be then dead, and if not, then on of 2000l., and all bonuses and accumulations her decease to pay and divide said principal sum thereof, unto and amongst all his children then living, and the issue of such of them as should be then dead." The wife died in 1859. The youngest child attained her age of twenty-one in April 1865. A sum of 6441. 13s. 8d. had accrued by way of dividends on the investment of the 2000l. and the bonuses on the policy: Held, that Ecce iterum Crispinus Once more has Sir George Bowyer witten to the newspapers to assure those benighted Irishmen that he is not a mere "English legal gentleman," but a baronet, and a man of large property besides. It is not many years ago that one of the O'Connell family, himself of the country gentleman class, first roused the worthy baronet's ire, by classing him among the crowd of English lawyers who came over to Ireland to get themselves elected to Parliament. And straightway did Sir George then resent the insult, assuring his maligner that he was the heir" to the baronetcy to which he soon after succeeded. But is there not something essentially vulgar in this parading of himself before the eyes of the public as a rich man and a baronet, when his riches and his baronetcy have nothing in the world to do with his political conduct? Why should Sir George Bowyer be ashamed of the fact which he slurs over in his letter to the Dublin Evening Post, saying, ambiguously, that he has cultivated and written on the civil and canon law," when in reality he was a practising barrister, and was employed by one of the Inns of Court to deliver a series of lectures to law students? He is full of wrath with the Dublin editor for criticising his late votes on Reform, protesting that he is "responsible to his respected constituents at Dundalk." Does Sir George really imagine that he REAL PROPERTY LAWYER AND the interest and bonuses were divisible amongst has any constituents at all, except the Ultramontane priests who direct the electors of that independent borough how to vote? He may vote as he pleases on an English Reform Bill; but as for his seat in Parliament, he attains it on the distinct understanding that he is the instrument of one particular section of the priesthood, just as Mr. Gathorne Hardy goes to Parliament to represent the views of the English country parsons. Let us hope that for the future we shall hear no more of his baronetcy, his lineage, and his "considerable hereditary estate." What should we all say if Lord Derby replied to newspaper attacks by quoting the date of the patent of his earldom, or Lord Cranborne wrote to the Daily Telegraph to say how many acres there are in the family estate at Hatfield?-Pall-Mall Gazette. MAGISTRATE AND PARISH CONVEYANCER. NOTES OF NEW DECISIONS. [NOTE. The current Law under this Department is noted by T. W SAUNDERS, Esq., Barrister-at-Law, Author of "The version or otherwise, unless such person should NOTES OF NEW DECISIONS. BASTARDY.-The Court has affirmed a former decision that justices have jurisdiction to hear a second application for an order of affiliation, where the case had been dismissed upon the evidence of a witness who was afterwards indicted for perjury, and on that evidence convicted: (Reg. v. Gaunt, 16 L. T. Rep. N. S. 379. Q.B.) SELLING BREAD OTHERWISE THAN BY WEIGHT. -B. went to the shop of C., a baker, and asked for a quartern loaf of bread, the proper weight of which would be 4lb. The loaf was not weighed at the time of the sale, nor did B. require it to be weighed, and it was afterwards found to be of less weight than 4lb. C. was held to have been rightly convicted under sect. 4 of 6 & 7 Will. 4, c. 37, of selling bread "in any other manner than by weight:" (Jones v. Huxtable, 16 L. T. Rep. N. S. 381. Q. B.) INCITING TO STEAL.-An indictment will not lie under sect. 2 of 24 & 25 Vict. c. 94, for counselling another to commit a felony, unless such felony is actually committed. A soliciting or inciting a person to commit an offence, where no act is done in consequence thereof, is a misdemeanor only: (Reg. v. Gregory, 16 L. T. Rep. N. S. 388. Cr. Cas. Res.) Poor-Rates—DISTRESS.-Replevin lies for of Harrington v. Earl of Harrington, 16 L. T. Rep. such of the children as were for the time being under age until the youngest child attained her age of twenty-one: (Re Oram's Trusts, 16 L. T. Rep. N. S. 376. V.C. W.) SEARCHES FOR WILLS.-In the year 1866 no less than 37,643 wills were searched for, and examined if found, at Doctors'-commons. The fees, 1s. for each will, amounted to 18827. 3s. JOINT-STOCK COMPANIES' LAW JOURNAL. NOTES OF NEW DECISIONS. LIABILITY OF PROMOTERS.-B., chairman of provisional directors of a proposed company, signed with his initials a prospectus, which was approved by the directors, and resolutions passed that it should be printed. C., who was not a director or officer, but a promoter of the company, took the prospectus to D., a printer, to be printed, stating that he was authorised to do so, and pointing out B.'s initials. It was printed accordingly and sent to the office, and B. saw it in use there and circulated some of them. There was an arrangement between the directors and C. that he should pay all the preliminary expenses, but this was not communicated to D. This was held to be evidence for the jury of an authority by B.: (Riley v. Packington, 16 L. T. Rep. N. S. 382. C. P.) INSOLVENT RAILWAY COMPANIES.-Sir Rowland Hill, in the report he has rendered as a member of WILL-PRESUMPTION OF DEATH.-The burden the Railway Commission, call sattention to the great of proof that a devisee died before the testator difficulty, if not impracticability, of selling so large a property as a railway on fair terms in a market, is upon those who set it up. In the absence of since there could be little or no competition. He, such proof the presumption will be that he out- therefore, recommends that the management of the lived the testator. Therefore, where B. resi- affairs of a railway company declared by a competent duary legatee under a will, was last heard of as tribunal to be insolvent be transferred from the alive in 1854, and the testator died in 1860, and ordinary shareholders to the holders of preference his residuary estate became divisible in 1867, his shares and debentures; who, taking upon thempersonal representatives were held to be entitled selves the responsibilities attaching to their predeto the legacy, the presumption being that hecessors, should be empowered forthwith to elect a survived the testator, but was dead in 1867: new body of directors. The power would thus be withdrawn from those who have but at most a con(Re Benham's Trusts, 16 L. T. Rep. N. S. 349. V.C. M.) MORTGAGE OF COMMISSION IN THE ARMY-management of the line, and given to those whose interest has become direct and important; but the PRIORITIES.-Army agents become, on the sale ordinary shareholders would still retain in full their of a commission, and after the purchase-money claim to any surplus proceeding from improved is in their hands, trustees of it from the moment management or otherwise. tingent and probably slight interest in the good |