THE LAW TIMES, THE JOURNAL OF THE LAW AND THE LAWYERS. [KEGISTERED AS A NEWSPAPEE.] VOL. LIL No. 1505. SATURDAY, FEBRUARY Price (with Reports), Is. 6d. 3, 1872. ^^ Without Reports, 9d. AW PAETNEESHIP. ta WANTED, by a AW. A Gentleman of experience in Gentleman (aged 2(5), who has passed, but is not yet admitted,L a small L Conveyarcing, Accounts, and the general business of PARTNERSHIP, or CLERKSHIPJwith an Office, methodical, and accustomed to advise clients, nHHE IMPEOVEMENT view to Partnership, either in Town or Country. Excellent desires of LANDED references. a RE-ENGAGEMENT as MANAGER or Convey X ESTATES. The LAND, LOAN, and ENFRAN Apply to " H. W.," Post-office, Salisbury, ancing CLERK. Address "A. X." (No. 1503), 10, Welling- CHISEMENT COMPANY (incorporated by special Act of ton-street. Strand, W.C.__ Parliament), ADVANCES MONEY AWPETBESHIP The Advertiser 1st. (B.A., Cambridge) is desirous of obtaining a PART AW. A GENTLEMAN (Clifford's;- inn To the Owners of Settled and other Estates, for NERSHIP, the Erection of FARM BUILDINGS and COTTAGES, for which he is willing to give a Moderate Pre Prizeman and Broderip Gold Medallist), now and for mium. He was articled to, and since his admission
NOTICE. NOW PUBLISHING. WE have all heard of the ill effects produced by the history of A GENERAL INDEX to vols. 11 to 20 of the LAW TIMES REPORTS, New JACK SIIEPPARD, DICK TURPIN, and the like, upon the juvenile Series, will be published in ten parts, price Is. each. Sent free of offenders of England. It is with postage to regret that we perceive, from a subscribers. The General Index to vols. 1 to 10, N. S., case recently heard may still be had, price 7s. 6d. in cloth. in Massachusetts, that the " Foul Phy" of Messrs. EEADEand BOUCICAULT is charged with being at the bottom of a suit by seamen for wages and loss of clothes arising out of a pretended scuttling of a ship. The scuttling appears to have rc X'ato anfr % existed only in the imagination of one of the crew, who had been. recently reading " Foul Play," and who conceived that he saw the plot of that novel being carried out before his eyes. Each inci SOME dissatisfaction with the selection by the LORD CHANCELLOR dent was coincident according to the seaman a great deal too much of stuff gownsmen for the honour of silk was to be expected. so, in the opinion of the learned Judge to make the theory of There are, however, two gentlemen who had strong claims, but the libellants probable. A writer in The American Law Review^ who have been passed over. Mr. METCALFE on the Norfolk Cir commenting upon this case, remarks: " It is interesting in con cuit, and Mr. LITTLER on the Northern, have attained positions nection with this illustration of the effect of fiction upon the VOL. III. No. 1505. LAW TIMES. [FEB. 3, 1872. 244 THE proceedings at the IN our issue of the 20th ult., we noticed some call attention to the effect of the law reports was suggested that Mr. LA:MB, practice of the law, to are Brighton County Court, in which it The great accuracy with which the court scenes to a debt-collector for the purpose of upon fiction. not themselves a solicitor, had lent his name in some modern, novels, and by authors in that court. We have received a letter portrayed a theme of admiring taking proceedings and our members of tho profession, has furnished gentleman, which we publish elsewhere, in ' Orley Farm,' in ' Hard from that upon the points comment. Tho trials in ' Pickwick,' readers will be able to form their own opinion of this, and how well they contrast notice a memorial presented Cash,' are familiar instances and raised. We have now only to mistakes of the case of Shyloclc v. Antonio, to the Judge of the County with the laughable written by several solicitors of Brighton law, whether the ' Merchant of Venice' was of debt-collectors and agents. Portia's bad Lord BACOX. Court concerning the practices the lawyer, SHAKESPEARE, or by the Chancellor, pray his Honour that he will instruct the officers by Terrible Temptation,' is The memorialists be hence In the last of CHARLES EEADE'S novels, ' A that no particulars of a plaintiff's demand to be Mr. READE himself), of the court in person a description of Mr. ROLPE (supposed sealed by the court unless signed by the plaintiff preparing his novels, ' founded upon forth and that no one his study, and his method of or by some duly qualified attorney on his behalf, fiction. Here are indices reruin et liominum, one in his service, or an facts,' stranger than facts but a plaintiff in person, or some pasted for ready use facts facts from papers, issue summonses, and conduct the in which are reflections and attorney, be allowed to accounts of trials, ' living dialogue' of the suit or at the hearing. As to from wood-cuts, book-maker does same in the progress that From this we see how the modern the prayer, his Honour properly replied situations. Times, itself a daily the first part of " Any his work, and how the law columns of the to issue the desired instructions. of the novelist his most he had no power in a County romance, may contribute to the use he said, " was at liberty to issue a summons person," or agent, might thrilling plots and startling situations." Court, and the plaintiff himself, his attorney, he could not prevent that." But he added, sign the particulars; That no to the latter part of the memorial " magistrate, whose pro with regard service, or an MR. ROBERTSON GLADSTONE, the Liverpool a plaintiff in person, or some one in his drunkards of that borough we one but at the hearing" ceedings with reference to the attorney, be allowed to conduct the summonses once had occasion to notice, has been unfairly the court was first established, have more than which has that he could prevent. " When if we are to give credence to a Liverpool paper, ago, he laid it down, as a fundamental treated, contradicting us. some twenty-five years agent an article for the express purpose of he should not allow any person acting as written simple fact is, Mr. GLAD principle, that witness. We are said to have "blundered." The to appear in a case otherwise than as a whilst his original design of in any way, in the courts of STONE changed his intention; but, was in accordance with the usual practice and liberating drunkards, and sending This by the plaintiff in visiting the gaol on Sunday law. The case must either be conducted newspapers, was stated by him publicly, he ; he never had, nor should their names to the was person, or by a duly qualified attorney the world that he had taken our advice, and to appear for the plaintiff in any failed to inform such circum he ever, allow any other person not to do anything illegal. Under could not prevent any person from taking determined we have been guilty other respect. He and stances, it is scarcely fair to say that or signing the particulars, but he could appear that the publication out a summons for plaintiffs." of a blunder. Further, it would prevent agents from appearing in the court employers is not the proposition of should the debt collector, who of the names of drunkards' a This is no great gain, and Mr. CHRISTIAN, We can only say that we learned from perfectly satisfied. And if he Mr. GLADSTONE. How was the object of the memorial, is that this was the magistrate's proposition. way no one can object, but we Liverpool print take the employs an attorney in the regular chivalrous contemporary is willing to even will an attorney's name be used ever, as our are prepared trust that by no inadvertence of so questionable a proceeding, we actively employed in the suit. responsibility of the mischief when the attorney is not to exonerate Mr. GLADSTONE. An illustration by the proceedings alluded to, is which may be occasioned written by a letter which appears in a local paper, County Court on furnished firm said to be WE reported a case from the Liverpool a warehouseman in the service of a to proceedings in liqui by He writes: "A great the 20th ult., a case with respect the employers of a particular drunkard. point of practice. The narrow issue with the firm who do not dation which involves a number of persons do business at a first meeting of creditors under a possibly be considered the delinquent." raised was, whether any reso know my name, and I may petition, where the creditors neglect to pass : " I think the originator of this movement liquidation second petition. He very properly adds their it is competent for the debtor to file a every care that persons arrested should give lution, a debtor declares him should take of care would Mr. Serjeant WHEELER, says that where names and addresses." But no amount and petitions the court proper damnified by these self unable to meet his engagements, suffice, and we only hope that the person and they disregard the invitation, will bring an action of libel to call together his creditors, highly objectionable proceedings court in the interest of the debtor cease the announcement. A Liverpool the functions of the against the journal publishing there has been some miscarriage in the his readiness to contribute his unless it is shown not been solicitor writes to us expressing or that the feelings of the creditors have costs. proceedings, to exception. No doubt mite to the fully elicited. That view appears to us open Act to abolish the system by which material this it was intended by the present are indebted for a good deal of interesting place their creditors at defiance by filing WE least interesting to insolvent debtors could to reports of American cases, and not the in. bankruptcy, but as a matter of fact it has week decided in New Hamp their own petitions of us at; the moment is that of State v. Jones, a failure in that respect. The popular mode to the defence of insanity proved altogether to file shire, in June of last year, with reference now is, when a debtor is in pecuniary difficulty was indicted for the murder of his arrangement in effect analo in capital cases. The prisoner a petition for liquidation or composition, a course the court charged the jury that " if the defen then has a fortnight during wife, and at the trial and gous to a petition in bankruptcy. He wife in a manner that would be criminal at the meeting which takes place dant killed his be ' not which to arrange his affairs, and if the defendant were sane, the verdict should a statement of his affairs made out by unlawful the offspring or he has simply to present by reason of insanity,' if the killing was creditors adopt if they accept his proposal guilty, Neither delusion nor himself, which the product of mental disease in the defendant. or refuse by voting the estate into liquidation. design or cunning in planning of composition, passing any knowledge of right and wrong, nor have the further alternative of abstaining from escaping or avoiding detection, nor They is a doubtful question and executing the killing, and resolution. Where there is no resolution it acquaintances, or to labour or transact business who has executions against him. ability to recognise disease; what is to be done. The debtor affairs, is, as matter of law, a test of mental his property, surely ought to be or manage are purely matters and is desirous of protecting his all symptoms and all tests of mental disease the court again for the purpose of protecting but Whether the defendant had able to resort to of the of fact to be determined by the jury. He has already placed his affairs in the hands whether the killing of his wife was the property. they don't choose to a mental disease, and court in the interest of his creditors, and if disease, are questions of fact for the jury. Insanity in the cold, and the property to product of such produced by exercise their rights is he to remain disease disease of the mind. An act ? The interests of creditors no doubt is mental a mental disease pass to the diiigent creditors disease is not crime, if the defendant had to other considerations, but regard should mental if the killing was ought to be paramount the which irresistibly impelled him to kill his wife; a debtor. Where he svibmits himself to he is not guilty. Insanity be had to those of and the product of mental disease in him, of the court he ought to have relief from obstinate it produced the killing of his wife. If the jurisdiction by filing a second is not innocence unless stupid creditors. How is he to obtain it except insane impulse to kill his wife, and could have but is desirous of defendant had an insane etition ? He cannot make himself bankrupt, resisted it, he was responsible. Whether every The course suggested by Mr. successfully of fact. Whether in Eis assets being equally divided. impulse is ;always irresistible is a question is to revive the proceedings under the old liqui insane impulse to kill his wife, and Serjeant WHEELER there has this case the defendant had an petition. He can only do so, however, where it, are questions of fact. Whether an act dation under the liquidation whether he could resist be been a miscarriage in the proceedings by partial insanity, where no connection can offer to make to his may be produced of fact. petition, or where he has an improved between the act and the disease, is a question of these circumstances exist, what discovered insanity, unless creditors. But assuming neither defendant is to be acquitted on the ground of ? The diligent creditors, of course, The doubt that the killing is to become of his estate the jury are satisfied beyond a reasonable but, seeing the tinkering the present law has On appeal it was held, that obtain the advantage; estate, was not produced by mental disease," to secure an equal division of an insolvent's It will be seen that American undergone that the com these instructions were correct. how ineffectual it is for the purpose, we think further than our own against the and Bankruptcy Act at jurisprudence goes somewhat mercial code would be better without any prisoner. 245 FEB. 3, 1872.] THE LAW TIMES. EVIDENCE IN CEIMINAL CASES. the doctrine of V-igilantibus non dormientibus jura all, and that BEG. v. PAYNE. subvenlunt should be allowed its full swing. BY the decision of the Court of Criminal Appeal in Reg. v. Payne, law that co-defendants, when on. AND THE it may be now considered settled THE DOCTEINE OF BEMOTENESS their actual trial, are incompetent to testify for or against each ALABAMA CLAIMS. this question there has been a great conflict of pro country concerning the extent of other. On A STRONG feeling exists in this fessional opinion. On the one hand it has been argued with great put forward in the American "Case" for arbitration, Evidence 1178-80, 5th the claims to plausibility (see for example, Taylor on embracing as they do losses indirectly caused, or supposed sections of Lord Campbell's Act Government in edit.) that the 2nd and 3rd have been caused, by the negligence of our c. 99) read together, forcibly, if not necessarily, as Confederate cruisers, to (14 & 15 Vict. permitting ships destined to operate implied that, in a criminal proceeding, persons who were accused escape from ports in Great Britain. No doubt the arbitrators were rendered competent and compellable loose rules of international on a joint indictment will be governed by the somewhat witnesses, each in favour o£ or against the others. In the case law, and what those rules are we discuss in another column; but (11 Cox C. C. 607) where three alike in the of Reg v. Deeley and others assuredly the common law doctrine, recognised had been jointly indicted were being tried together to prevail, that damages persons who United States and in this country ouglat for felony, Mr. Justice Mellor taking this view of the law, allowed proximately caused by the Act complained of, are not recover as witnesses on behalf of the not be the two of the prisoners to be called able. Damage not within the rule as to remoteness, must other hand, it was said that the Act was not in by the defendant. third. On the natural consequence of the act committed tended to effect any alteration whatever in the law of evidence as The instance in which this rule most frequently arises is in applicable to criminal cases. The question was considered to be actions of slander, the leading case being that of Vicars v. and really is of such importance, that when in the case of Reg. v. Wilcoclts (2 Sm. L. Cas. 461), the head note running thus: Payne the precise point which had been reserved by Mr. Justice Where special damage is necessary to sustain an action for Keating, viz., " Whether a prisoner jointly indicted with another, not sufficient to prove a mere wrongful act of a third have been given in charge to the jury, be called as slander, it is can, after they or person induced by the slander, such as that he dismissed the a witness for the other without having been either acquitted his employ before the end of the term for which or a nolle proseqiu entered," came on last week for deci plaintiff from convicted it. they had contracted ; but the special damage must be a legal and sion, no less than sixteen judges sat to assist in determining natural consequence of the slander. To this is added the The unanimous judgment of the court, delivered by the Lord doctrine : Damage, to be actionable, must not be too Justice shows that the evidence is not admissible that the elementary Chief pro remote a doctrine which dates from early times, being noted in old law remains unaltered, that the reference to criminal Comyns's Digest. ceedings in the 3rd section of the Act is a proviso added only ex his trial can neither be examined The damage alleged in the American case includes loss by the majors cauteld, and that a party on prolongation of the war, and the transfer of the American marine nor cross-examined. court of law or equity, would any To the argument that a prosecutor eager to obtain a conviction to the British flag. Would any in a joint in convinced on the evidence adducible by the Ameri might intentionally include several alleged offenders jury, ever be each of them from testifying in cans, that these damages were the natural and proximate result of dictment, in order to exclude ? We are responsible of the others, the Lord Chief Justice replied that in such the negligence of the British Government favour to be done by the cruisers wliich we allowed to a case the Judge could obviate this by ordering them for the actual damage ground to think that is, for vessels captured and property destroyed by tried separately, when there was reasonable escape, that of justice. them. An analogous case may be found in Fletclier v. Rylands a joint trial would operate as an abuse 330), where the doctrine we have stated minds this discretionary power vested in the Judge* (L. Eep. 3 E. & I. App. To our in recognised. There a landowner, by negligently con and which, we presume, in minor cases must also be vested was fully a matter of structing a reservoir, flooded the plaintiff's mine. In the Ex magistrates, is scarcely a sufficient safeguard.' As Mr. Justice BLACKBURN laid down the law as right, each of several persons before being put on his trial on a chequer Chamber, a trial distinct to the liability of persons who have dangerous elements on their joint indictment, ought to be at liberty to demand to us to be on all fours with the facts in the from that of those accused with him, in order that he may, if he land, which seems majority Alabama case. " We think," said his Lordship, " that the l.rue think fit, avail himself of their evidence. In the great that the person who, for his own purposes, brings on of cases, there can be little doubt that a joint trial, by excluding rule of law is crime, operates his lands and collects and keeps there anything likely to do mis the evidence of accomplices or participators in a must keep it in at his peril; and if he does not in favour of the accused. We, however, can see no reason why a chief if it escapes, be asked before do so is primd facie answerable for all the damage which is the person charged jointly with others should not of its escape. . . . The person whose grass or being put on his trial whether he wishes to be tried separately, natural consequence elect, the others will corn is eaten down by the escaping cattle of his neighbour, or being informed at the same time, that if he so flooded by the water from his neighbour's reservoir, be competent and compellable witnesses in his favoi^r or against whose mine is and compellable or whose cellar is invaded by the filth of his neighbour's privy . . . him, and that he in his turn will be a competent is damnified without any fault of his own; and it seems but witness against or in favour of the others. reasonable and just that the neighbour who has brought some on his own property (which was not naturally there), harm thing but less to others so long as it is confined to his own property, ME. JUSTICE LAWSON'S EEFOEMS. if it gets on his neighbour's, which he knows will be mischievous has received a new advocate in Mr. Justice LA\VSON, be obliged to make good the damage which ensues if he CODIFICATION Social should his but in the paper which he has read before the Statistical and does not succeed in confining it to his own property. But for judge has not confined accrued, and it Inquiry Society of Ireland, that learned act in bringing it there no mischief could have He shows himself in the van of law at his peril, keep it there, so that himself to this one subject. seems but just thht he should, on more than one important point. He would admit accrue, or answer for the natural and anticipated reformers no mischief may hearsay evidence; he would disqualify no person whatever as a consequences." reason of his being a party or having any interest in escape oE the witness " by The natural and anticipated consequences of the the suit, or for any other reason." The provision which he in that case were the flooding of the mine and the stopping of his code on the law of evidence is this : water and neces would introduce into the works that is to say, the result which immediately "Any person who in any criminal proceedings is charged with the sarily happened. Applying this view to the case of the cruisers, of an indictable offence, or any offence punishable by destruction of a commission the proximate damage was, as we have said, the summary conviction, shall be competent, but not compellable, to certain amount of property that was the natural consequence of himself, and if examined shall be subject to cross- and irre give evidence for the escape. Beyond that the damage becomes too remote as any other witness." put forward by Mr. examination coverable. Supposing in the illustrations anticipated, will provoke considerable opposition. v. Rylands, a plaintiff whose grass This, it is Justice BLACKBURN in Fletclier We consider that there is a fatal objection to it. The prisoner who had been trodden down or whose corn had been eaten, claimed, be self condemned. It is no doubt died for want of holds his tongue would among his damages, the loss of cattle which had counsel should consequently have the opportunity could not recover the damage deplorable that such grass and corn, he certainly of appealing to juries on the score of the prisoner's mouth being too remote. It is not because an event does happen as a position suggested, would would be a shut; but to place him in the invidious consequence of a particular act that such event will ground other course is unfair to the law. We Esp. 48) shows. be as cruel to him as the claim for compensation, as Asliley v. Harrison (1 in seeing any possible middle way between closing a'libel on Madame MARA, in con have a difficulty There the defendant published the mouths of prisoners and rendering them liable to examination, of which she refused to sing (as she had engaged to do) latter plan is the more ad sequence hissed and we decidedly consider that the at the plaintiff's oratorio, from an apprehension of being which we heartily agree with Mr. Justice lost the benefit of her visable. A point on and ill-treated, whereby the plaintiff is, the expediency of the previous conviction of prisoners that the action was not main- LAWSON services. Lord KEXYOX held being made known to a jury. We have recently fully expressed t unable. our views on this head, and the fact that Mr. Justice WII/LES a purely legal point of view, therefore, the claim put for not be withheld from a From and considers that such information should ward in the case to damages for prolongation of the war in the law. It ought to be utterly jury ought to secure a change incidental expenses, is wholly unjustifiable. We do not propose at present to accept Mr. Justice LAWSON'S untenable before a council of international arbitration. 246 THE LAW TIMES. ("FEB. 3, 1872.
invitation to enter upon a full discussion of his specimen code G-nrney and Co., 24 L. T. Rep. 1ST. S. 774), but a leading authority, on the law of evidence. We have very clear notions of our own as being a decision of the House of Lords, was not cited before the to what a code ought to be; and, looking cursorily at the one before Vice-Chancellor; namely, Oaldpy v. Taslidler (1 01. & Fin. 207). us, we are not inclined to approve of the form which it takes. It In that case, as described by the Lord Chancellor, an ordinary comprises forty principles, stated without classification or index. case of principal and surety, a banker owed 10,0001. to the credi The German and French codes to a great extent adopt this plan, tors of Sir Charles Oakley. They borrowed it for the purposes of but we do not consider that it will do as applied to the great bulk the bank. One of the partners who so borrowed the money died, of English law. A specimen of any particular branch of law and a bond was given by his executors for the payment of the should be upon the same method as that upon which codification money. At the time the bond was given, Sir Charles Oakley did generally must proceed; and we venture to think that, taking an not know that those giving the bond were not principals, but, in fact, example referred to by the learned Judge, that, namely, of at the time of giving the bond they were principals, and nothing contracts, it would never do to classify them simply as verbal and else, and were liable with their co-partners. These co-partners of the written. We should find ourselves in a wilderness of principles deceased partner found there that the testator's estate was bur and exceptions, and if we are to have a general index at the end of dened as principal with this debt, or at all events as between himself the work, we might as well content ourselves with our text and the surety. But subsequently to that an arrangement books. was entered into betwen the bank and the executors of the deceased But as to the matter what should a code be ? " The true office partner, by which the bank, for a sum paid to the executors, of a code," says Mr. Justice LAWSON, " is to put in writing such bought all his share and interest in the concern, and undertook parts of the unwritten law as are deserving of being preserved in to pay all his debts and liabilities on behalf of the concern. From our jurisprudence, omitting those which are trivial or ephemeral, that moment, of course, and only from that moment, the executors and abolishing those which are faulty." There is a preliminary who gave the bond originally as principal debtors to the creditor difficulty here. Who is to be the judge ? Who is to say what is became as between themselves and the remaining partners of the deserving and what not ? what is faulty and what not? Our view bank simply sureties for the debt. They being such sureties, Sir is that the law should be codified with all its faults and in all its Charles Oakley was held by the House to have had distinct notice most trivial details, and then let Parliament consider what shall be of that change in the position, and he was held by Sir John Leach retained and what amended. Certainly, to begin with, we must leave in the court below, and by the House of Lords in the court above, nothing out, for a defective code would be worse than a compre to have discharged the executors of the deceased partner who hensive chaos. Tho view of the Digest Commissioners doubtless originally gave the bond to his creditors, and who had originally was that a digest would necessarily precede a code. The writer has been the principal debtor. Lad some practical experience in codifying, and it is our opinion These cases can leave no doubt as to what is the present law on that no one can successfully compile a code who has not first made a a subject most important to a commercial community basing; digest. Mr. Justice LAWSON acknowledges the value of our case law; nearly all its transactions upon credit. it is beyond dispute a mine of wealth from which clearly cut principles are to be extracted. ]STo case ought to be relegated to the limbo of forgotten things until it has been carefully examined by a competent INTERNATIONAL LAW AND THE ANGLO-AMERICAN person. Whether that person should be a text-book writer is doubt ARBITR ATION. III. ful, and here we consider that the Digest Commissioners fell into a IT must not be forgotten that the QUEEN'S Proclamation was not very natural error. The highest skill in the practical application of issued till after news had been received in Great Britain of the cases should be employed in digesting and codifying our English blockade. Mr. LINCOLN'S proclamation of the 15th April, calling law. A dozen men of the calibre and experience of Mr. Justice out the militia, reached this country on the 29th, and that of the LAWSON would do the work well, but until Government and the 19th, establishing a blockade of all the ports save those in Virginia country recognise the necessity for disregarding expense and em and North Carolina, on 15th May, more than a week before the ploying the highest available talent a code will not be satisfactorily date of the QUEEN'S Proclamation. accomplished. We will now proceed to consider the liabilities, if any, incurred by Great Britain during the war, taking first those, if any, arising- from the sale, THE EIGHTS AND LIABILITIES OF SURETIES. building, or equipment by English subjects to or for the Confederates of ships of war or trade; and, secondly, those, if A CASE was heard before the Lord Chancellor in December, which any, caused by undue hospitality shown subsequently by the we report to-day, bearing out our view of the rights of sureties Government or its officials to Confederate vessels when visiting where time is given to the principal. In some cases it has been our ports at home or abroad. contended that although there be an express contract by the The first vessel built in England for warlike purposes which creditor to give time to the principal debtor, the surety ought not passed into the hands of the Southerners was the Florida. She was to be released until he can prove that by being held to his engage laid down in the Mersey professedly for the Italian Government, ment he suffers some actual damage. We have had our say to the and left Liverpool as the Oreto, in March 1862, for Palermo. contrary, and the highest Judge in the kingdom agreeing with us, Before her departure, on account of Mr. ADAMS'S belief that her real we transcribe his judgement, which in our opinion expresses the destination was the Confederate service, an inquiry was insti true ground upon which the liability of a surety must rest. tuted, but the examiners were satisfied that Mr. ADAMS was Lord Hatherley recognised the original principle to be this : mistaken. Having put in at Nassau, she was there seized, but " That if you contract with the principal to give him time, it is was released, the Judge of the Admiralty Court ruling that contrary to that contract that you should sue the surety, because evidence of acts done outside his jurisdiction was inadmissible if you do you immediately turn the surety upon the principal, who a decision which is now considered to be erroneous. From is at liberty to sue him, and therefore your act breaks the engage Nassau she ran the blockade into Mobile, remained there four ment into which you have entered with the principal." Then his months and was completely equipped, and then a second time Lordship proceeds, "It is not simply neglecting to sue the principal passed through the blockading squadron. If these two escapes which would have any effect upon the surety, but there must be a were not wilfully assisted by the Northern commanders, there must positive contract with the principal that you will postpone the have been on their part such a degree of inattention to their duty suing of him to a subsequent period. To show that this is the as to differ but little from collusion, and such as would, on a plea principle we have only to refer to another class of authorities which of contributory negligence, go far towards relieving this country until recently clearly and distinctly establish that it is competent from responsibility. to the creditor, if he thinks fit, to reserve all his rights against the Very shortly afterwards, on the 28th June, Mr. ADAMS gave surety, in which case the surety is not discharged, and for this information of another war ship, nearly completed in the Mersey, reason the contract then made with the principal is preserved, and apparently intended for the same purpose as the Oreto. On because they have engaged with the principal that they will not the 4th July," an answer was returned from the Customs asking sue him for a given time, but subject to the proviso that they shall for further information, which was sent in on the 10th, and sup be at liberty to sue the surety and turn the surety upon him, and plemented by depositions on oath 011 the 21st. From the 22nd to- that that shall be 110 breach of the engagement. That, I may say, the 26th, these documents were in the hands of the QUEEN'S AD has been recognised up to a late period, because, although Lord VOCATE, warnings that the vessel was about to sail being meantime Truro threw some doubts upon it in the case of Given v. Homan ; addressed to the Customs authorities and to Lord RUSSELL. A when the case came before the House of Lords the Lord Chan delay of three more days occurred from the ill-health of the cellor I think Lord Cranworth in giving judgment, said, there QUEEN'S ADVOCATE, and on the 29th the Government were ad could be no doubt about the case before the House, and he did not vised that the vessel ought to bo detained. She had, however, think he should have entered into any discussion of the case him from timely information received by her owners, that morning put self had it not been for the doubts thrown by Lord Truro upon to sea, She went to Terceira, received her stores and crew, as that principle, namely, that you might release the surety if that sumed the name of the Alabama, and commenced her destructive formed part of the original contract as to not suing the principal, career. The Georgia sailed from Greenock on the 2nd April 1863, and he said a doubt having been thrown out he thought it right to without armanent or crew, which were brought to her when at sea protest against the doubt, because he thought it was a doctrine from Liverpool. The first notification that reached the Foreign perfectly clear and established." office in respect of her was from Mr. ADAMS on the 8th April. This judgment was given reversing a decision of Vice-Chan The Sea King was a common merchant vessel which had been cellor Malins in the court below, who held that the surety was employed in the China trade; she left London in Oct. 1863 as not discharged (see Oriental Financial Corporation v. Overend, on an ordinary voyage; put in at Funchal for her war stores, &C.,. 249 FEB. 3, 1872.J THE LAW TIMES. estate, and not a demand against the testator's the officers of the former com- | without a covenant by the lessees not to use the pose of compensating meat. The two estate in the hands of some other person. might be administered under the direction | houses erected for the sale of pany, for specific performance of an Solicitors: Chauntler, Crouch, and Spencer; court, and also praying for an inquiry who other suits were of the agreement dated the 1st July 1869, and made Lucas and Coe. were entitled to share in the fund. On the 24th by in the suit between the corporation and the company, Jan. 1871, Stuart, V.C., made a decree other things, that Eastern Railway Company to which it was provided, amongst V. C. MALINS' COURT. ordering the Great should not let certain land for build fund into court, and declaring that the the company Saturday, Jan. 27. pay the ing without inserting in the leases covenants plaintiff was entitled to share in it, and directing thereon Re GAHNIER. entitled to against the use of the houses to be erected an inquiry what other persons were was whether Fund in court to credit of one found to be a lunatic proportions. One Ayres, for the sale of meat. The question share in it, and in what extended to the piece of land in France—Application for payment by pro formerly the secretary of the Eastern this agreement who was agreed to be let to Messrs. Sandon. The Master visional committee of estate—Practice of court. Union Railway Company, was not made a party explain for payment out of court of 939J. Con the decree, of the Rolls admitted parol evidence to PETITION to the suit, and was not served with it did not extend to sols, which represented the distributive share of being issued for persons the agreement, and held that but on advertisements land in question. The corporation Charles Garnier in the estate of his brother, to share in the fund to come in and prove the piece of The claiming appealed. Francis Garnier, who died intestate in 1863. their claims, Ayres made a claim, and asserted by the administratrix in the Sir Richard Baggallay, Q. C., Swanston, Q. C., fund was paid into court that Bruff was not entitled to any part of It appeared that in 1851 Charles Garnier, not raise this con and A. E. Miller, Q. C., for the corporation. 1864. fund. Finding that he could (Jessel, Q.C.), SirRoundell then residing in the canton of St. Germain-en-Laye, as the decree made in the suit contained a The Solicitor-General tention, Palmer, Q. C., and Fellowes, for the company. in France, became of unsound mind, and was declaration that Bruff was entitled to share in the maison de sante at Neuilly-sur- Seine, of re-hearing, Southgate, Q. C. and E. Rodwell for Messrs. placed in a fund, he wished to present a petition where he still remained. He had not yet been that he could not present such a Sandon. but he found Lord Justice JAMES said that there was no found a lunatic according to English law. In 1851 petition as the decree had been already enrolled. parol committee of the estate of the lunatic the enrolment of latent ambiguity in the agreement, and that a provisional Accordingly he now moved that not admissible. The was appointed by the civil tribunal of first in be vacated in order that he might evidence was therefore the decree might according to its true construction, stance at Versailles, and the petitioner was the a position to present his petition of re- agreement, be in extended to the land in question. But as the present committee. According to French law, the kearing. Messrs. committee was liable for the main- of the motion. corporation knew, in Sept. 1869, that provisional Qreene, Q.C. and Bird, in support butchers' shops on the land, tenanoe of the lunatic; and, on the other hand, Q.C. and Locock Webb for the plaintiff. Sandon were building Karslalce, and took no steps to prevent their doing so till all the property of the lunatic was vested in him, Smart, for the Great Eastern Railway Company. to give valid receipts for that the Jan. 1870, when they had expended a considerable and he was empowered Lord Justice JAMES was of opinion guilty of the same. There was considerable personal pro in substance and in sum on the buildings, they had been the application was right both and acquiescence, and could not perty in England belonging to the lunatic, the Ayres being entitled to share in the fund clearest laches form. now enforce the restrictive covenant against dividends on which had been from time to time which the court had undertaken to distribute in by the relatives of the lunatic to the being so Messrs. Sandon or against the railway company, transmittee the suit, was a quasi party to it. That the agreement did not committed and applied by him for his maintenance. a rehearing of the suit, who bond fide believed that he had a right to apply for land in question. On those grounds 48L was now due to the committee for expenses prevented from doing so by the fact extend to the but he was the appeal must be dismissed with costs as against incurred on account of the maintenance of the that the decree was enrolled. The applicant was the was no allegation that the lunatic vacated, the Messrs. Sandon, but without costs as to lunatic. There therefore entitled to have the enrolment was in need of any further comfort, and it was might proceed with his petition of re other parties. so that he Lord Justice MELLISH concurred. stated that the application for the payment out hearing. Solicitors, Eurchells; Nelson. of the fund in court was made in order that the Lord Justice MELLISH concurred. same might be invested in French Rentes. Solicitors for the applicant, Benliam and Tin- Glasse, Q C. and Begg, for the petitioner. dell. Wednesday, Jan. 31. Cotton, Q.C. and Bevir, for the administratrix,. Solicitor for the plaintiff, G. Walker. (Before the LORDS JUSTICES.) opposed the application. the company, W. H. Shaw. was no Solicitor for Re THE NATIONAL ASSURANCE AND INVEST The VICE - CHANCELLOR said there MENT ASSOCIATION. doubt that the committep ha*l vested in him the of the lunatic, and was entitled to Practice—Appeal—Limit of amount. whole property Jan. 25 and 27. make the present application. But the question Ex parte HAWKES ; Re KEELY. THIS was an appeal motion from an order of the arose whether the court had any discretion to exer Bill of sale East India pension—Act of Master of the Rolls. In Nov. 1861 Charles Henry cise in the matter. In the case of property belong Bankruptcy. Edmands acted as solicitor for one Cross, in ing to an English lunatic, the practice of the THIS was an nppeal from a decision of the Chief proving a claim for 10001. in the winding-up of the court having jurisdiction in lunacy was not to pay Judge in Bankruptcy affirming a decision of the above company. Edmands also acted as solicitor out the whole fund to the committee, but only so registrar of tho County Court of Cornwall. for a number of other claimants against the com necessary for the maintenance of the of much as was Hawkor, on the 7th Julv 1871, obtained judgment pany. On the 21th June 1864, the chief clerk lunatic. Under the Trustee Relief Act the court against Keely for 497. 10s. Qd., and on the llth he the Master of the Rolls decided that 11. 15s. had the same discretion as the Lord Chancellor seized Keely's goods. On the 8th July 1871 should be allowed as the costs of proof in the case exercised in lunacy. He should therefore order Keely executed a bill of sale of his household of each admitted claim for a sum exceeding 10L, payment out of the fund of the expenses properly furniture, goods, chattels, and effects at Forra- the costs ia each case to be added to the debt. incurred by the petitioner on account of the bury and elsewhere in the county of Cornwall, The creditors received two dividends, but Cross lunatic, and of the costs of the petition. The to secure a sum of 5007,. due to his bankers. On did not pay the 11. 15s. to Edmands. Cross being the capital would be retained in court, a residue of the 16th Sept. 1871, Keeley was adjudicated bank about to receive a sum of over 51. in respect of and the dividends paid to the petitioner. rupt. On an application by the bankers the registrar third dividend, Edmands, in Aug. last, took out a Solicitors : G. and P. Eyre and Co.; T. J. Hor- of the County Court granted an injunction to restrain summons before the Master of the Rolls, praying wood. ______Hawker, the judgment creditor, from selling the for a declaration that he had a lien for the 11. 15s. goods which he "had seized, on the ground that on the dividend payable to Cross, and that the V.C. BACON'S COURT. to pay that Keely, by executing the bill of _sale before the official manager might be ordered Jan. 19, 23, and 27. goods, had committed an act of to Edmands out of the sum payable to seizure of the amount v. ANDERSON. bankruptcy. It appeared that the bill of sale did Cross. The Master of the Rolls having refused ANDERSON not comprise all the bankrupt's property, as he the application, Edmands appealed from his Will—Wife of legatee attesting ^uitness—Effect of had an East Indian army pension of 10s. 6cl. a decision. codicH confirming ivill. day, which was not assigned by the bill of sale, Fry, Q.C. and Caldecott, for Edmands. HANNAH ANDERSON, by her will dated the 10th and on that and certain other grounds, Hawker Roxburgh, Q.C. and Gardiner, for the official Dec. 1868, after revoking all former wills and appealed to the Chief Judge in Bankruptcy, who manager. making certain specific bequests, gave, devised and affirmed the registrar's order. He now appealed Lord Justice JAMES. Unless I am otherwisa bequeathed all the rest and residue of her estate from the order of the Chief Judge. ordered, by the House of Lords or some other and effects unto and to the use of her son, George Kay, Q.C. and Bagley, for the appellant. competent court, I will not hear an appeal for a Anderson, and Henry Letts, upon trust to sell De Gex, Q.C. and Robertson Griffiths, for the sum of 35s. and convert the same, and divide the proceeds among them respondents. Solicitors : Edmands and Mayhew. among her five younger children, MELLISH said that the bill of sale being her son George, but not making any dispo Lord Justice of the substantially comprised all the debtor's property, sition in favour of, or mentioning the name settled by Gibson v. The East India ROLLS COURT. plaintiff, who was her eldest son. To this will as it was son Company (5 Bing. N. Cas. 262), that such a pen Jan. 20 and 29. Hannah Anderson, the wife of the testatrix's held by the bankrupt is not assign George, was an attesting witness. The testa sion as that Re HASELFOOT'S ESTATE (CHAUNTLER'S CLAIM). 22nd able. The bill of sale was therefore an act of trix made a codicil to her will dated the Mortgagee and representatives of mortgagor— Jan. 1869, by which, after directing her exe bankruptcy. an ex Lord Justice JAMES concurred. Right to tack—Set-off. cutors to allow to her son, Thomas Appeal accordingly dismissed with costs. A FIRM of solicitors having a mortgage on a tended time for the payment of what might Solicitors for the appellants, Clark, Woodcock, policy of insurance on the life of the mortgagor, be owing to her estate from him, she " confirmed on his death received from the insurance company her said will in other respects." This codicil was and Rylands. witnesses. Solicitors for the respondent, J. Elliott Fox. the amount due on tho policy, and, after satisfying duly executed in the presence of two the mortgage debt, claimed to be entitled to retain Probate of the will and codicil was granted to balance the amount of their bill of costs George Anderson as executor. The plaintiff, by 27. out of the Jan. 23, 24, and against the mortgagor. The executors of the his bill alleged that in consequence of Hannah THE MAYOR OF LONDON v. SANDON ; THE SAME mortgagor contended that they were entitled to Anderson being an attesting witness of thewill, v. THE METROPOLITAN RAILWAY COMPANY; receive the whole of the balance, and as his estate all such interest as George Anderson would have THE METROPOLITAN RAILWAY COMPANY v. to pay his debts in full that the taken under the will was forfeited, and that the was insufficient as to THE MAYOR OF LONDON. mortgagees could only participate with the other testatrix must be held to have died intestate Contract Svecific performance — Latent ambi contract creditors, pro rate, in regard to so much of his estate as George Anderson would simple of the will, if guity—Parol evidence—Laches—Acquiescence. the amount due to them for costs. have taken, according to the tenor THESE were three appeals from decisions of the C. for the mortgagees. his wife had not been one of the attesting wit Southgate, Q. Anderson, con Master of tho Rolls. The first suit was instituted Hemming for the executors. nesses. The defendant, George using for the sale that the will and codicil together formed to restrain Messrs. Sandon from Lord ROMILLY said that the mortgagees were tended of meat certain shops erected by them on a piece of but one testamentary instrument, and that the entitled to retain the amount of their bill of costs and attested, land on the north side of Charterhouse-street, which ; that it was not codicil having been duly executed had agreed out of the balance in their hands rendering the gift in the will the Metropolitan Railway Company -, but a demand against themselves, had the effect of restrain the company from a case of set-off, to let to them, and to they having in their hands a part of the testator's valid. granting a lease of the land in question to them 250 THE LAW TIMES. [FEB. 3, 1872. f Fry, Q.C. and Key were for the plaintiff. apprehension as to their object, the application ° other in Guildhall-street, and her brother at her WMcock, Q.C. and F. T. White for the de the petitioners must be refused. death resided rent free in No. 62. Solicitors : William Moon ; William Smith and Greene, Q.C., Bristowe, Q.C., Hemming, Hubert fendants. Smith, Rodwell, and Shebbeare appeared for the The VICE-CHANCELLOR was ®f opinion that the Co. ______different parties. codicil had the effect of republishing the will and V.C. WICKENS' COUET. The VICE-CHANCELLOK held that the testatrix's making1 it a new and original disposition by the Thursday, Jan. 25. brother was entitled to the house No. 62, Guild testatrix, in January 1869, of the estate which she hall-street, and made a declaration accordingly. had dealt with by the will in December 1868, ROSSEAU v. SMITH. Solicitors: Hensman and Niclwlson, for Par and that the whole contents of the will were Will—Construction—Specific bequest. tridge and Greene ; Richards and Walker, for G. R. incorporated in the codicil. Bill dismissed with THE question in this case turned upon the con costs. struction of the will of Lord P. Paulet. The will Pye. ______Solicitor for the plaintiff,'Cr. R. Longden. was dated in Aug. 1866, and by it the testator COUET OF QUEEN'S BENCH. Solicitor for the defendant, J. Letts. after providing for certain annuities and legacies, and bequeathing such of the household goods and Wednesday, Jan. 24. other things which were in his house at the time SIMPSON (app.) v. WELLS (resp.) Friday, Jan. 26. of his decease (always excepting any moneys, Obstruction under Highway Act 1834 Statute GRAY v. SECKHAM. securities for money, muniments, manuscripts, fair—Custom. Promissory note to secure balance at bank Com papers, writings, and articles, specifically be THIS was a special case stated by justices of pany—Winding-up—Surety. queathed), bequeathed to his brother, the Marquis Lincolnshire at Petty Sessions. The appellant of Winchester, for his own use absolutely, his was convicted -under sect. 72 of 5 & 6 Will. 4 c. 50, SPECIAL case. The Gelynog Llanhirt Colliery and other "effects," which overdrawn their sword, decorations, for obstructing a public way by placing a stall Company (Limited) having should be in his chambers in the Albany, or else May, upon which account at their bankers, four of the directors thereon, and was fined Is. The 9th where (except in the house before referred to), the alleged obstruction took place, was the day of the company made a joint and several pro bequest all muniments, drawn upon Captain but saving out of this for holding the annual statute sessions at Winter- missory note for 2000!. money, and securities for money. And he left the it was proved on Strong, who was the manager of the bank and ton, for hiring servants; and residue of his estate in trust for his brother for behalf of the appellant that they had been so held also a director of the company. This note was The testator died in of the company and life, with remainders over. for fifty years, that it was the custom to erect made for the accommodation Jan. 1871. At the time of his death he was adopted, and for the purpose of being transferred to the stalls on the highway in the manner possessed of some Great Eastern Railway Stock, that there was plenty of space left on the highway bank as a security for any balance which might in en the certificates of which were in his chambers for the public to pass. It was contended that be due from the company to the bank and was question was whether it Strong to the bank. On the 20th the Albany, and the these sessions were a fair or market, and that the dorsed by Captain belonged to the Marquis, as part of the property claim of right, the justices July 1866 an order was made for winding-up defence being a bond, fide specifically bequeathed to him. had no jurisdiction. the company. The bank carried in their claim, Karslake, Q.O., W. W. Karslake, George Murray, which was admitted, for the sum of 3656J. 9s. 9cL, Cave for tbe appellant. 4,d. and Chester, appeared for the various parties. The respondent, the superintendent of police, and upon this amount a dividend of 1051^. 5s. decided that the stock having recovered from The VICE-CHANCELLOR did not appear. Cur. adv. vult. became payable. The bank not pass under the specific bequest to the and Quain, JJ.) con Mr. Seckham, one of the makers of the note, did The COURT (Blackburn for leave to Marquis. sidered that no such custom as that alleged could be 2067!. Is. 8cL, Mr. Seckham applied for all parties, Alexander Hemsley. enter a claim for that amount in the winding-up, Solicitor established, and upheld the conviction. and that the debt for which the bank had proved Judgment for respondent. Attorneys for appellant, Scott and Co. might be reduced by that amount. The question Monday, Jan. 29. was submitted to the court was whether the bank JACUBS v. ETLANCE. entitled to prove for and retain the dividend on WILLIAMS (app.) v. LEAR (rest).) the whole 3856!. 9s. 9c!., and at the same time to Mortgagor and mortgagee—Mortgage by executor retain the whole of the sum recovered on the —Mortgagee's title. Conviction for taking excessive toll—Taxed cart ,note until they should receive 20s. in the pound, THIS suit was instituted on behalf of children —Excise licence. or whether Seckham was entitled to the dividend who were interested under the will of their mother THIS was a special case stated by justices of on the 2067 J. Is. 8tl. in certain renewable leaseholds. The facts were Devon, at petty sessions. The appellant, the Amphlett, Q. C. and Benjamin (of the Common these: Mrs. Elkes by her will, dated 20th July lessee and collector of tolls at the Alphington turn Law Bar) were for the plaintiff. 1849, gave all her property to her husband in pike gate, was convicted of demanding and taking Kay, Q. C. and R. E. Turner (of the Common trust, after paying her funeral and testamentary of the respondent a toll of 6rf. for a butcher's cart Law Bar) for the defendant. expenses, and retaining a legacy of 500!. to himself, drawn by one horse, and having a single shifting two wheels. By a local Act of 1852, held that Seckham was to get in and invest the proceeds, and hold them seat and 'The VICE-CHANCELLOR should attain twenty- and by a subsequent resolution of the turnpike entitled to the dividend, deducting so much there in effect for her children who one, or, being daughters, marry. She died in trustees, 4Jd. is the toll for every horse drawing from as would make up the proportion which the chair, or such like carriage with a upon the residue of Sept. 1849 leaving six children, of whom one died any gig or bank would have received Her husband was single seat only, and with two wheels only ; and their debt if Seckham's debt had been expunged. afterwards under twenty-one. named executor in the will, and administration 6d. is the toll for every horse drawing any cart or Solicitors for the ^bank, Stevens, Wilkinson, and Oct. other such like carriage with double Harries. with the will annexed was granted to him in chair, or 1849. Mrs. Elkes was, at her death, entitled for seats, or any phaeton, caravan, or taxed cart. The Solicitors for the defendant, Taylor, Mason, and and respondent had taken out an excise licence for __ her separate use to a lease from the Dean Taylor. Chapter of St. Paul's of some land at Edmonton. his vehicle, but the justices considered that it was The lease was from Michaelmas 1842, and was for not a taxed cart within the meaning of the local Saturday, Jan. 27. twenty - one years renewable by custom on the Act, and was subject therefore only to the less MANNING v. GILL. payment of a fine. When Mrs. Elkes died the toll as a carriage with a single seat and two Criminal lunatic—Settlement to avoid forfeiture— legal estate was outstanding, but, on the 19th wheels. Inoperative. Nov. 1849 Mr. Elkes got it assigned to him, Lopes, Q. C. for the appellant. and a fortnight afterwards surrendered it, and No one appeared for the respondent. THIS was a petition for the payment of money out in consideration of that had a new lease Cur. adv. vult. of court under the following circumstances : In granted to him personally from Michaelmas 1849. The COURT (Lush and Hannen, JJ.) held that 1857 the defendant, Andrew Gill, quarrelled with On the 25th May 1854 Mr. Elkes mortgaged the the words "taxed cart" must have the meaning a man and stabbed him. For this offence he was leasehold to the defendant Eylauce for 150!. The which they had at the time of passing the local tried and found not guilty, on the ground of mortgage was by assignment, and there was a Act, viz., a cart which paid a particular tax and insanity, and was ordered to be imprisoned during power of sale. Exactly six months afterwards had the owner's name upon it. The respondent's Her Majesty's pleasure. Andrew Gill, while he charged the property with a further sum of butcher's cart was not such a taxed cart. awaiting his trial in prison, executed two deeds, 50!. and in July 1855 with another SOL The prin Judgment for respondent. the one relating to his real property, which he cipal question in the case was as to the title of Attorneys for appellant, Griffith and Erownlow, conveyed to his brother Robert Gill, in trust for the defendant under these two mortgages. The for Toby, Exeter. __ himself (Andrew) for life, with remainder to his plaintiffs contended that he got nothing beyond a the other relating to his said brother Eobert in fee, title to such beneficial interest as Mr. Elkes had Thursday. Jan. 25. personal estate, which he assigned absolutely to his in the property. The defendant, on the other (apps.) v. WOLVERHAMPTON said brother. Eobert Gill died in 1867, and a suit had an absolute title DUDLEY UNION of hand, maintained that he UNION (resps.) having been instituted for the administration whether Elkes had any interest in the property or his real and personal estate, it was ordered that Union extending into several jurisdictions—Court he held not. the amount of the personal estate which Greene, Q. C. and Charles Hall for the plaintiffs. of appeal from order of removal—Poor Law under the assignment from his brother, Andrew Q.C., and Holmes, for the Amendment Act 1867 (30 # 31 Vict. c. 106) court. The petitioners, who Osborne Morgan, Gill, be paid into defendant. sec. 27. were the parties entitled to the money under the other parties. THIS was a rule nisi, calling upon the justices of the same Ince and Welby King for will of Eobert Gill, now applied to have The VICE-CHANCELLOR decided that the defen Staffordshire and the respondents to show cause divided among them. This application was op beneficial interest why a writ of mandamus should not issue to com Gill, on dant was entitled to whatever posed by the guardian ad litem of Andrew in the property Mr. Elkes could assign, but to pel the justices to hear an appeal from an order of the ground that at the time of executing the deeds, of the plaintiffs was removal from the respondents' to the appellants' mind, and that it no more; and that the title Andrew Gill was of unsound absolute as against Mr. Elkes. union, made by two justices of the borough of was a voluntary settlement executed to avoid a Decree accordingly. Wolverhampton. The court of quarter sessions forfeiture in case he had been found guilty, which Jaques; of the county of Stafford had refused to hear the deeds ought to be Solicitors : Edwards, Lay ton and event not having happened the Stuart and Massey. __ appeal on the ground that it ought to have been set aside. _ made to the borough sessions of Wolverhampton. Kay, Q.C. and ^reeling appeared for the peti union extends over the whole 30. The respondents' tioners. Tuesday, Jan. of the borough of Wolverhampton, and also over Smart for the guardian ad litem of Andrew GARDINER v. JEWERS. the township of Bilston, no part of which town GiH. Will—Construction—Specific devise. ship is within the said borough. The whole of the W. W. Karslake, F. Webb, and Badcoclc for IN this case the trustees of the will of a Miss repondents' union is in the county of Stafford. other parties interested. Jewers sought the decision of the court upon the The paupers ordered to be removed were in the The VICE-CHANCELLOR was of opinion that at construction of the following devise: " I give to township of Bilston, and the order of removal was the time of executing the deeds Andrew Gill was my brother Frederick Jewers, my house in Guild made in the borough of Wolverhampton by two insane; that the only motive he had in executing hall-street, Bury St. Edmunds, for his use during of the borough justices. The appellants appealed them was to prevent a forfeiture in case of con his life, my trustees keeping the same insured against the order to Stafford county quarter ses viction which had not occurred, and that the against fire and in tenantable repair." The testa sions. The Poor Law Amendment Act 1867, sect. 27, deeds being yoluntary and executed under a mis- trix had two houses, viz., 62 and 63 adjoining each provides that where a union extends into several 251 FEB. 3, 1872.] THE LAW TIMES. further, that it was art duty imposed, by statute which could be enforced quashing the rule ; but, distinct jurisdictions, every matter, act, charge, only, and might be waived. So far, thereof are by mandamus. Rule discharged. irregularity or complaint by which the guardians and Craddock, therefore, as it affected P. the rule would ba they have any interest, shall, Attorneys for plaintiffs, Ridsdale affected, or in which and Hulton, Preston. quashed, but with regard to W. it would stand, purpose of jurisdiction, be deemed to arise for Birchall, Wilson, cause. for the for defendants, the Solicitor to the and Mr. Lopes would be allowed to show or exist equally throughout the Union. Attorney Treasury. __ Attorney for King, G. Parsons. Matthews, Q.C. and Jelf, for the respondents, Attorney for W., J. P. Watkins, Bristol. showed cause. RIDING OF YORK Bosanquet, for the appellants, THE JUSTICES OF THE WEST Powell, Q.C. and LORDS OF THE TREASURY. the rule. SHIRE v. THE BYRNE v. GUANO CONSIGNMENT COMPANY. supported the same The COURT (Cockburn, C.J., Blackburn, Mellor, THIS was a similar rule to the last, for Freight—Jurisdiction of Mayor's Court. represented by the and Lush, JJ.), considered that the Legislature, purpose. The parties were freight on a charter-party brought in have intended and the cases were argued and de ACTION for by sect. 27 of the Act of 1867, must same counsel, the Mayor's Court of the City of London. Rule that the appellants' jurisdiction in cases of orders cided together. on the ground that the cause of unde 6?. Badham, for Marsden, for a prohibition of removal should be the same as that Attorney for plaintiffs, action did not arise within the jurisdiction. The were originally made ; and tha Wakefield. which the orders to the voyage was from the Chincha Islands to the South in consequence, this appeal ought to have bee Attorney for defendants, the Solicitor borough ses __ ampton Docks. brought before the Wolverhampton Treasury. Cohen showed cause, and contended, first, that sions, and not before the Stafford county sessions only, and 30. freight was due in respect of delivery Rule discharged. Tuesday, Jan. ; secondly, that by custom such Johnson, fo not for carriage Attorneys for appellants, S. W. REG. v. JUSTICES OF SURREY AND OTHERS. actions were within the jurisdiction of the Mayor's Brooke, Robinson, and Co., Dudley. highivay—Widening of old road— (Mayor of London v. Cox, L. Rep. 2 H. L. Neal and Philpo Diversion of a court: Attorneys for respondents, Consent of owner—Certiorari. 239.) for H. Langman, Wolverhampton. THIS was a rule obtained for a certiorari to bring Shiress Will for the defendants. up orders made and documents deposited in re The COURT (Willes,Byles, Brett, and Grove, JJ.) spect of a diversion of a highway. The enrolment held, first, that the whole cause of action did not Saturday, Jan. 27. of the certificate had been opposed at quarter arise within the jurisdiction ; and, secondly, such, Ee MARY ANN TURNER. sessions under the provisions of the General a custom could not give an inferior court jurisdic right over children— Highway Act 1835 (5 & 6 Will. 4, c. 50), s. 88, but tion beyond its limits. Rule absolute. Habeas Corpus—Mother's surveyor and Forfeited guardianship. it was found that notice of appeal to the Attorneys for the plaintiff, Flux, Argles, given in proper time, and the persons I, East India-avenue. for a writ of habeas corpus to bring had not been Rawlins, Day moved who considered themselves aggrieved now at Attorneys for the defendants, H. P. Sharp. up the body of Mary Ann Turner, aged abou as refuge tempted to set aaide the order of sessions thirteen, who is at present in a Protestant and therefore beyond motion was made on being bad on the face of it, Jan. 31. for homeless children. The of the justices. The objections Wednesday, child's mother, who is now dying o' the jurisdiction behalf of the were (1) that the alleged new highway was merely RICHARDS v. GELLATLEY AND OTHEES. consumption at the Marylebone workhouse. Th consent of Practice—Inspection. the chile a widening of an old road ; (2) that the father, who was a Protestant, died when in the certificate of Murphy moved to vary an order of Cleasby, B. the mother had the the owner was not stated was about two years old; (3) that the form of consent differed at chambers, allowing inspection of certain docu to her own religion, thai justices ; defendants, child baptised according from that given in the schedule, and was bad ments and letters in the custody of the of a Roman Catholic. The mother had been an " as, letters of other passengers, and letters of she had because the persons giving it were described " except habitual drunkard except during the time of the land adjoining," captains and owners subsequent to the 21st Dec., In July last, a dis and claiming to be owners spent in different workhouses. the substituted road to which the without prejudice to application to the court having found that the child was neg and because The trict visitor, consent referred was described as " through or in respect of letters of other passengers." lected and starved, sent her, with the mother's was to vary the order by striking out the now is. adjoining our said land." motion consent, to the institution in which she for the respondents, words in inverted commas. The action was alleged, by affidavit, Field, Q.C. and Thesiger After five months, the mother of the Metropolitan Asylum, near brought on a promise that a certain ship was in to remove the child from Protes the managers was induced to that she desired Caterham, who had diverted the road, showed a fit state, &c., whereby plaintiff tant influence, and to have her brought up in her passenger on the same, and afterwards, to cause. become a own religion, an opportunity having been found for the appellants, owing to the bad state of the ship, was obliged to institution. Bram- Denman, Q.C. and Clarke, in. place her in a Roman Catholic rule. disembark on the 21st Dec. (the day mentioned had refused the applica supported the of the money he well, B., at chambers, The COURT (Cockburn, C.J., Mellor and Lush, the order), and lost the benefit tion. that the preliminary formalities had paid for his passage ; the second count was Mellor, and Lush, JJ.), J. J.), considered state of The COURT (Blackburn, by the 84th and 85th sections had been for fraudulent misrepresentation as to the under the circumstances, the equired plaintiff had inter considered that, substantially complied with. the ship, whereby, &c. The were not bound to interfere. Rule refused. Rule discharged. rogated the defendants, and the defendants in Neiv, and Attorneys for applicant, Tucker, appellants, Home and Hunter. their answers admitted having received a number __ Attorneys for from pa? Langdale. Attorneys for respondents, Nicholson and of letters subsequently to Dec. 21, (other than the plaintiff), ant Herbert. __ sengers in the ship Jan. 27 and 29. from the captain and owners of the ship. It was THE JUSTICES OF LANCASHIRE v. THE LORDS Wednesday, Jan. 31. alleged that other passengers besides the plaintiff OF THE TREASURY. Re AN ATTORNEY. had been compelled to leave the ship owing to its had settled with Mandamus—Cost of prosecutions—Statutory obli Attachment—Attorney—Abolition of imprison unfit state, and that defendants 29 fy 30 Vict. for debt. some of them. The defendants also represented gation of Lords of the Treasury— ment of the $ 35 Vict. c. 89. F. 0. Crump moved for a rule for an attachmem themselves as being merely the agents c. 39 34 was suggested that the letters Q.C. had obtained a rule nisi on igainst an attorney for non-payment of a sum o: owners, and it Manisty, of a master the owners would show truly what was the behalf of the justices of Lancashire, calling upon noney ordered to be paid by an order from cause why a hich had been made a rule of court. The applica- relation between them and the defendants. the Lords of the Treasury to show Byles, Brett and Grove, should not isssue to compel ion had been refused on the previous day, on the The COURT (Willes, writ of mandamus A the rule. Rule refused. pay certain costs of prosecutions which ^round that a fi. fa. might issue on the rule. JJ.) refused them to which stated Attorneys for plaintiff, Eyre $ Co. had been paid by the treasurer of the county of urther affidavit was now produced, hat the sheriff had already several writs against Lancaster upon taxation. there- The Appropriation Act (34 & 35 Vict. c. 89) lie attorney, and must return nulls, bona, June 23, 24, 1871, and Jan. 31,1872. a grant, not more than a certain sum, for ire the rule for attachment was again moved. (apps.) u. contains and Quain, JJ.) said NORTH-EASTERN RAILWAY COMPANY criminal prosecutions. The Exchequer Act (29 & 30 The COURT (Blackburn RICHARDSON AND ANOTHER (resps.) of counties and iat an attachment would not be granted, especi- Vict. c. 39), compels treasurers of carriers—Bailees for boroughs to pay out of the funds at their com lly on the last day of term, for non-payment Railivay—Dogs—Common taxed by now that imprisonment for debt was hire—Liability for loss. mand certain costs for prosecutions, as aoneys, decision of the sessions ; and directs bolished; but the attention of the court being THIS was an appeal from the the officers of assizes and be for Westmoreland. The re formerly payable out of the county rawn to the fact that an attorney might still County Court judge that the costs Act for non-pay (plaintiffs below) were the owners of a and borough rates be paid by the Treasury. The imprisoned under the Debtors' spondents under an order of court. The Court said greyhound, which was sent by them to a station costs, concerning which this application was ment of being: the treasurer they would leave the applicant to his remedy on a on the defendants' line for the purpose made, had been accordingly paid by The fare was paid, but Lancaster ; and the board of ca. sa. conveyed by the railway. of the county of was given, and no special contract appointed by resolution of the House Attorneys, Feiv and Co. no ticket examiners, entered into. The dog was given in charge of the of Commons for that purpose, had re-taxed them, distance on from the amount guard of the train and conveyed some and a considerable reduction COURT OF COMMON PLEAS. It was then taken out and kept wait said treasurer had been handed its journey. claimed by the Tuesday, Jan. 30. ing at a station, until some other train came up. over by the Lords of the Treasury. Ex parte KING AND WIFE ; Re P. AND W. was fastened to a pump, Brown, Q.C , and Archi While at the station it The Solicitor-General, (Attorneys). but, getting frightened, it managed to slip its bald, for the Lords of the Treasury, showed cause, of "addition" of deponent- line, where it got could not be Affidavit—Omission collar and ran away down the and contended that a mandamus Irregularity—Waiver. In a conspicuous part of the first, that the Lords of run over by a train. granted on the grounds, THIS was a rule to show cause why P. and W., notice was posted up stating that the servants of the Crown; secondly, The station a the Treasury were attorneys, should not be struck off the rolls. collector was not authorised to enter into con that the Acts of Parliament merely limited the on which the rule was moved omitted to in a par granted affidavit tracts for the conveyance of dogs, except purposes to which the particular sums state the " addition " of the deponent. not been followed here. did not lay any statu ticular way, which had should be appropriated, and Prideaux, Q.C. for P., and Court judge gave judgment against upon individuals to pay these against the The County tory obligation Lopes, Q.C. for W., showed cause the company, damages 50L, and this was an appeal sums ; and, thirdly, that the Legislature intended to exercise a discretion in or " mys against that decision. the Treasury officers Prideaux objected that no " addition " June 23 and 24. Shield for the appellants. the manner and amount of payment. tery " being given, the affidavit was irregular and the Justices of Kemp for the respondents. Manisty, Q.C. and Gorst, for the rule ought to be quashed. Cur. adv. milt. Lancashire, supported the rule, and relied upon Lopes, Q.C. desired, on behalf of his client W., as imposing an Jan. 31. WILLES J. gave the judgment of the the words of the Acts referred to to waive the irregularity and be allowed to show in the court authority to exer court (Willes, Keating, and M. Smith, JJ.) obligation which gave ground that the jurisdiction. and Grove, favour of the appellants, on the cise its mandatory The COURT (Willes, Byles, Brett, were not common carriers of The COURT (Cockburn, C.J., Blackburn, Mellor, authority of Cobbett v. Oldneld railway company JJ.), held, on the and that under the circumstances they were and Lush, JJ.), although strongly of opinion that & W. 469), that the omission of the "addi dogs, the whole (16 M. nothing more than bailees for hire, so aa to ba the Lords of the Treasury ought to pay tion "'was an irregularity, and was ground for of the costs claimed, considered there was no 252 THE LAW TIMES. [FEB. 3, 1872. was executor under a. liable only in the event of negligence, of which Martin, B., not without some doubt), made the were lent to a legatee who rule absolute to enter the verdict for the defen previous codicil, to read. On their return the there was no evidence. An affidavit was Judgment for the appellants without costs, dant on the ground that a brewer who sold his own sixth codicil was missing. and Lucas manufactures only was not a " merchant " in the read from a gentleman who had seen the codicil, Attorneys for appellants, Hutchinson it was in the handwriting Darlington. common and ordinary sense of that term, and so and who deposed that Kynaston anc did not come within the description in the bond, ol of the deceased. It was signed by the testator Attorneys for respondents, but he could not remember ______an " ale, porter, or spirit merchant." and two other persons, Qasquet. Rule absolute. whose the names were. that a draft of the sixth COURT OF EXCHEQUER. Attorney for the "plaintiff, Jones, Colchester. Inderwick moved Attorneys for the defendants, Kingsford anc codicil be admitted to probate along with the will May 22,1871 and Jan. 22,1872. Dorman, 23, Essex-street, Strand, W.C., agents and the other codicils. HUDSON v. WALKER. for Turner, Deane, and Elwes, Colchester. The COURT. The court has never admitted Landlord and tenant—Order of County Court— to probate a document, as to the execution of Delivery of possession under — County Court which it has no kind of evidence. You may take. Amendment Act (19 # 20 Fie*, c. 108), ss. 50, 51 Saturday, Jan. 27. probate of the will and the five codieils. Trespass Justification of under the Act— JAMES v. THE SOUTH WESTERN RAILWAY Attorneys: Sympson and Warner. Parties to suit—Estoppel. COMPANY. THIS was an action of trespass which was triec Court of Admiralty—Injunction by to stay action before Martin, B. and aspecial jury atthe last spring at common law—Prohibition by this court to In the Goods of PURSSGLOVE. assizes for the county of Cumberland, 1871. The stay proceedings upon such injunction. Will—The executor and residuary legatee signed. facts were shortly these: The defendant who THIS was a rule calling upon the London and South the will after the testatrix and before attesting claimed to be the landlord of a person namec Western Railway Company to show cause why witnesses—Probate granted. Usher in respect of the premises in question, an they should not be prohibited from further pro MARY PURSSGLOVE, late of Birmingham, in the outhouse or shed attached to and belonging to a ceeding in a certain suit in the High Court of county of Warwick, died 20th Dec. 1870, left a will public-house called the Red Lion, at Grassmere, had Admiralty called the Normandy to the injury of which was executed in the following form : sometime previously issued a summons against the plaintiff, and why they shouli not be pro Mary Purssglove X Usher in the County Court under the County hibited from further proceeding to enforce or Edward Yalentine Smith, executor. Court Amendment Act (19 & 20 Vict. c. 108), issue any injunction to restrain the said plaintiff Witnesses, Henry Sermon, Daniel Mason. sect. 50, in which proceedings he recovered judg from prosecuting a certain action in this court E. V. Smith, who was also residuary legatee,. ment, and thereupon obtained possession of the between the said plaintiff and the said defendants died Jan. 2,1871, without having proved the will, premises under and by virtue of the warrant of on the ground that such suit and proceedings are and the County Court. The plaintiff in the present without the jurisdiction or in excess of jurisdic C. A. Middleton now moved that probate of the will action was in possession of the premises at the tion. It appeared that the plaintiff on a day in of Mary Purssglove be granted to David William time as tenant to Usher, the defendant in these May last took a ticket in London by the defen Hind, the executor of E. V. Smith. He cited In proceedings, but was no party to them in any way, dants' line of railway to Guernsey. Having the Goods of tSharman (38 L. J. 47, P. & M.; and the present action was now brought by him arrived safely at Southampton, he proceeded on 20 L. T. Rep. N. S. 683) as an authority, that against the defendant for retaining possession of board one of the defendant's steamboats called Smith, by signing as executor, did not lose his the premises which he claimed to do under the the Normandy to go the remainder of his journey interest. County Court warrant above - mentioned. The to Guernsey. Whilst on its voyage the vessel The COURT made the grant. learned Baron, at the trial, was of opinion that came into collision with a vessel called the Attorneys, Burton, Yeates, and Hart. the proceedings in the County Court and under Mary, whereby the Normandy was so much in the warrant had operated to change the legal pos jured that she shortly sank, the passengers being session, and that the present plaintiff Hudson was saved, but all the goods, including those of the In the Goods of J. N. LANGHAM. thereby, and, therefore, he held that the there concluded plaintiff going down with her. The plaintiff Intestacy—Next of kin minors—A stranger in present action of trespass was not maintainable upon brought an action against the defendants for nonsuited. blood elected guardian without citing one of the by the plaintiff, whom he accordingly the value of his goods. At the same time, the resident abroad. having been subsequently obtained on his parent's next of kin who was A rule defendants brought an action in the Admiralty STEPHEN NAT LANGHAM, late of the Cambrian. behalf to set that nonsuit aside, and for a new trial Court against the owners of the Mary, and the learned Stores, 12, Castle-street, Leicester-square, in the on the ground of misdirection in the latter brought an action against the present de victualler, died Sept. so ruling. other. county of Middlesex, licensed judge's fendants, each alleging the negligence of the 1,1871, a widower, and intestate, leaving Alice and May 22. Holker, Q.C. and Campbell Foster, for The Court of Admiralty ultimately held that it it, and Elizabeth, his natural and lawful children, and the plaintiff, showed cause against was the Normandy which was to blame. Upon children were minors, Quain, Q.C. and Trevelyan, for the defendant, in the Court his only next of kin. Both that, the defendants instituted a suit being of the respective ages of 16 and 12 years. contra, supported it. of Admiralty, under the provisions of the 514th Pigott, On the father's side there were no next of kin, The COURT (Martin, Bramwell, and section of the 17 & 18 Vict. c. 104 (Merchant Ship next of kin, took time to consider its judgment, and now and the and on the mother's side their only BB.) ping Act 1861), for limiting their liability, were two uncles and two aunts, of whom three Jan. 22. Their Lordships delivered judgment Court of Admiralty thereupon issued an injuuc- of had duly renounced their rights to the adminis seriatim, Channell and Pigott, BB., being tion restraining the plaintiff from proceeding in and to the guar that the plaintiff's rule should be made in tration of the deceased's estate, opinion his present action, and it was to set aside such dianship of the minors. Thefourth, an uncle named absolute for anew trial; but Martin, B., retaining junction that the present rule was obtained. thought it Wm. Watson, had left this country in 1869 for the the opinion he entertained at the trial, Sir J. Karslake, Q.C. and C. Wood showed cause. State of be discharged. Rule absolute. purpose of taking up his residence in the should Manitty, Q. C. and W. G. Harrison in support Nevada, in the United States of America. In- Attorneys for the plaintiff, Westall and Roberts, of the rule. agents for Moser, quries had been made to ascertain his present 7, Leadenhall-street, E.G., The COURT were of opinion that the Court of now known of him. Arnold, and Moser, Ambleside. to grant any such residence, and nothing was Admiralty had no jurisdiction The minors duly elected George Langham, a Attorney for the defendant, H. S. Willett, 14, injunction, and made absolute the present rule. for B. F. Thompson. stranger in blood, to be their guardian for the Gray's-inn-square, W.C., agent Rule absolute. estate of the Brooksbank and purposes of administration to the Attorneys for the plaintiff, deceased, and the court was now moved to make Walland. of administration to him as guardian. Monday, Jan. 22. Attorneys for the defendants, L. Crombie. a grant JOSSELYN v. PARSONS. The value of the estate was about 100L Shearman, for the appellant, cited In the goods Action on bond—"Ale or porter merchant"— COURT OP PROBATE. ofHagger (3 Sw. & Tr. 67; 8 L. T. Rep. N. S. 470), Brewer—Distinction between—Construction. In the goods of Widger (3 Curt. 55), In the goods THIS was an action to recover the penalty on a Tuesday, Jan. 30. of Augustus J. Hay (L. Rep. 1 P. & D. 57 ; 13 bond given by the defendant to the plaintiff under (Before Lord PENZANCE.) L. T. Rep. N. S. 335). the circumstances hereinafter mentioned, and summer assizes at In the Goods of SHEPHERD. The COURT In this case there are several next which was tried at the last have had an opportunity Ipswich, before Byles, J. The defendant, who Intestacy—Two of the next of kin abroad—Joint of kin of the minors who who was an grant to attorneys nominated by them for the of coming forward to represent them. They don't had been a traveller to the plaintiff, only one who " ale, porter, and spirit merchant," at Colchester, purpose refused—Practice. find it necessary to do so. The plaintiff's service in JOHN SHEPHERD, late of Lymm, in the county of has been left out is residing abroad; and under had, upon entering into the permit the that capacity, executed a bond to the plaintiff, by Chester, died 16th Nov. 1871, intestate, and a these circumstances the court may amongst other things, bachelor, without any parent or brother or sister minors to elect a guardian as they have done. which he became bound, of course. that he would not within twelve months after surviving him. His next of kin were John Shep- The rest follows as a matter ceasing to be in the plaintiff's service travel berd Douglas, of Calcutta, Margaret Taylor Dew Attorneys, Alien and Son. for any "ale. porter, or spirit merchant" Douglass, and Elizabeth Hutton, of New York, within twenly-five miles of Colchester. Having his lawful nephew and nieces. Mr. Douglas had quitted the plaintiff's employment, the defen nominated Mr. T. S. Dods, of Manchester, his dant immediately afterwards entered the ser attorney, and Mrs. Hutton had nominated Mr. J. ELECThON LAW. as a traveller, and W. Stuart, of Manchester, to be her attorney, for vice of a brewer at Cjlchester NOTES OF NEW DECISIONS. in that capacity he went about soliciting orders ;he purpose of taking the grant of administra for the brewer within the distance limited by the tion ; and ELECTION LAW COUNTY DESCRIPTION OF bond, and thereupon the plaintiff brought this Bayford now moved that a joint grant of admin- QUALIFICATION ERRONEOUS NUMBER OF HOUSE action to recover the penalty. The learned judge stration be made to these two gentlemen. RIGHT TO AMEND. Where the description of thought that a brewer, who only sold the The COURT held there was nothing in the cir- the property of a voter is erroneous, the revising- goods which he had himself manufactured, lumstances of the case to take it out of the barrister has power to amend under 6 & 7 Vict! did not come within the words of the bond as an ;eneral rule, and refused to make a joint grant. c. 18, s. 40, as an " insufficient description of the " ale, porter, or spirit merchant," and that the Proctor, Ayrton. ____ property." The claimant's qualification for a bond was not, therefore, forfeited. A verdict, how county vote was described as a "freehold house ever, was entered for the plaintiff for nominal In the Goods of WILSON. and shop," No. 4, English-street, Carlisle. After damages, and leave was reserved to the defen Dos* codicil—Evidence as to its being seen, but us name had been so put on the register, the dant to move to enter the verdict for him. A rule no evidence as to its execution—Probate re ocal authorities altered the number of this house to that effect was accordingly subsequently ob fused. to 9. There was another No. 4, English-street. tained, and now THOMAS WILSON, late of Titchfield in the county Ihe claimant's vote was objected to and dis O'Malley, Q.C.(with him wa.sMayd) appeared to of Hants, died leaving a will and six codicils, the allowed by the barrister, as he considered he had show cause against it, and ast of which was executed shortly before his no power to amend. Held, that the barrister had Bulwer, Q.C. and Graham, for the plaintiff, death, and merely contained an alteration in the power to amend. Per Brett, J., that the barrister contra, supported it. appointment of executors. The will and codicils not only had power, but was bound to amend The COURT (Martin, Bramwell, and Pigott, BB.; were produced and read over at the funeral, and Bendle v. Watson, 25 L. T. Rep. N. S. 806. C. P.) 253 FEB. 3,1872.] THE LAW TIMES. wer« York-road, Nos. G, 7, and 8, and |Nos. 1 to 5, Pleasant-grov of his commission. The proceeds of the sale ELECTION LAW COUNTY VOTE RATEABL freehold sold for £1560. with the army agents on the same day, but LAND freehold sold for £1120. lodged VALUE OF OCCUPATION UNDER SEVERAL Newington, No, 123, High-street, the amount, after deducting regimental debts, did of several pieces of lan A freehold ground rent of £8, amply secured sold for £225 LORDS. An occupation Walworth. A freehold ground rent of £1 10s. per annum not become payable to the officer till the following under different landlords, none of which pieces ar secured on two houses in East-street sold for £320. five "p.m. on the 7th Dec., Nos. 1 to 6, Be morning. At half-past sufficiently rated to confer a vote for the county Sale No. 7. Walworth, No. 12, Orb-street, business hours, one of the incumbrancers of sufficient value ford-street, term 18 years sold for £000. after but which are in the aggregate Nos. 7 to 10, Bedford-street, and Nos. 1 to 4, Bedford-cour left at the office of the army agents a written makes a good qualification for a county vote unde term 18 years, and an improved ground rent of £15 pe of his charge. On the opening of the office Peopl annum sold for £550. notice the 6th section of the Representation of the term o'clock on the following morning, several hold unde Nos. 1, 2a, 3, 4, 5, G, 11, 12, 13, and 14, Nursery-row, at nine Act; and the fact that the tenants years sold for £450. incumbrancers served the army agents with Gadsby row and term sol other different landlords is no objection. Nos. 15,16,17,18a, 19a, 20, and 21, same notices of their charges. Held (reversing the M. & G. 21, distinguished : (Ruclde for £350. Burrow, 7 An improved ground-rent of £75 per annum, amply securec decision of the Master of the Rolls), that the notice Piper, 25 L. T. Eep. N. S. 809. C. P.) term 10 years sold for £100. the 7th Dec. must be taken an order of the Cour left on the evening of ELECTION LAW COUNTY FRANCHISE SUB The above properties were sold under been served simultaneously with the other EXCEEDING SIXTI of Chancery, in the important suit, Pennlngton v. Dalbia to have LESSEE TERM ORIGINALLY The biddings throughout were spirited, and the price, notices, as it was not really received by the army YEARS. A sub-lessee of a term which, when realised were most satisfactory. the following morning. Papillon v. sixty years agents until originally created was for more than Brunton (2 L. T. Rep. N. S. 326; 5 H. & N. 518) clear yearly value of 51. over and abov and of the The Key t distinguished. Held also, that, as all the notices all rents and charges payable out of the same, i WE have received a volume entitled simultaneously, Market, by Mr. Arthur Crum]_ must be taken to have been served entitled to vote for members of Parliament for th the London Money were entitled to rank according Represen (London, Longmans and Co.), which furnishes u the incumbrancers county. Semble, the 5th section of the to the dates of their charges. One of the charges the People Act 1867, does not create £ with a complete history of the important circum tation of the money marke extended to further advances. Held, that the new franchise, but lowers the value of the old one stances which have affected L. T. Rep. N. S. 90 ; of England returns from 1792 t rule in Hopldnson v. Rolt (5 (Charlton v. Overseers of Stretford, 25 L. T. Rep and the Bank 514) applied, and that the incum- 1871 inclusive. This is prefaced by short bu 9 H. of L. Cas. N. S. 810. C. P.) brancer holding that charge was entitled to tack LAW NOTICE OF OBJECTION masterly essays on such subjects as The Economy ELECTION and Bullion on to it all further advances made by him without PRACTICE. A notice of objection, which namec of Capital, Deposits, Circulation he was not has not chosen a title for notice of any prior charges, but that the "third column" as that on which the objec showing that the author charge bought up from to which it cannot fairly aspire. Mr entitled to tack on a tion is grounded, and which stated that th< his work incumbrancer : (Calislier v. Forbes, 25 the voter's Crump seems to have felt the pulse of the monej another objection related to the nature of L. T. Rep. N. S. 772. Chan.) property, is sufficien market with the skill of an experienced physician interest in the qualifying whom WILL CONSTRUCTION POWER TO DEDUCT 6th section of 28 Vict. c. 36, to enabli and the plan of his work will enable those within the and there ar* FROM LEGACY MONEYS OWING BY THE LEGATEE the objector to prove that a voter whose qualifica the subject he treats of concerns, UNDER THE WILL. A it does not concern, to keep themselves TO OTHER LEGATEES tion was a "freehold benefice," in a borough few whom testator, by his will, gave his residuary estate to a borough vote, and therefore noi posted up in the fluctuations of the market, anc was entitled to purposes trustees upon trust to sell and invest and to pay entitled to vote for the county under 2 Will. 4 thus to make comparisons foi? practical for her life, and and the [past. The work the annual income to his wife c. 45, s. 24 : (Simey v. Dixon, 25 L. T. Rep. N. S between the present to stand possessed of one-sixth and most probably will meet with con after her death 811. C. P.) unique, part of the proceeds of sale upon trust to invest and siderable success. to permit his daughter M. to enjoy the annual income for her life, for her separate use with re ESTATE AND INVESTMENT mainder to her children in equal shares. And the JOURNAL. SOLICITORS' JOURNAL. testator directed his trustees to deduct from her share the sum of 2001., which he had advanced to NOTES OF NEW DE CISIONS. :ier; and also that if, at the period of distribution, STOCK AND SHARE MARKETS. of her brothers or OF MORTGAGED PRORERTT M. should be indebted to any are the fluctuations of the week : PRACTICE SALE respect of advances made to her, his The following PURCHASER'S RIGHT TO DELIVERY OF TITLE sisters in 'Thu irustees should be empowered to deduct all or ENGLISH EUNDS. i'ri. Sat. Mon. Tues Wed DEEDS. A purchaser who, in a suit to realise a money any of such debts or advances from her share, mortgage security, has paid the purchase or sister to Stock 242 242 243 243 244 entitled, and to pay the same to the brother Bank of England of the mortgaged property into court, is Held, that this 3$ Cent. Red. Ann. ... 92 1 92g 905 92? to the delivery of the title whom the same might be owing. .. 92 3 92j| 92f 92£ 92! before its distribution, extended to advances, although 3^3 Cent. Cona. Ann v. Scott, 25 L. T. Rep. N. S. 784. )ower of deduction deeds : (Fowler jarred by the Statute of Limitations, but did not Jan. 1894 V.C. W.) Do. 3i W C. 92^ ixtend to interest on the advances, it being the New 3 ^ Cent. Ann. ... 92i 9ii ... 92f 92^ PRACTICE PARTITION SALE AT THE REQUEST M.'s (31 & 32 Vict. ;estator's intention to treat advances by OF INFANTS PARTITION ACT 1868 same way as the ad 5^ Cents. Jan. 1873 ... instituted on behalf of >rothers and sisters in the 3. 40.) In a partition suit v. Poole, 25 L. T. Rep. Ann. 30 years exp. to property as tenants in common, vance by himself: (Poole ...... 10 ... infants entitled April 5,1885 ;or a sale of the property : the court made the ST. S. 771. Chan.) Do. exp. .Tan. 5, 1880 up Do. exp. July 1880 ... order asked for, but directed it to be drawn Bad Sea Tele. Ann. 1908 >oth under the old practice of selling to pay costs UNCLAIMED STOCK AND DIVIDENDS IN THE 92f 92f 92| 92| and under the powers of the Partition Act of BANK OF ENGLAND. India 5 $ Cent, for Ace. 8 (France v. France, 25 L. T. Rep. N.S. 785. Transferred to the Commissioners for the Reduction of the Do. 5 1 Cent. July 1880 111 llli 111* 111 libf National Debt, and which will be paid to the persons V. C. W.) prefixed to each in three India Stock, July 1880 OF respectively whose names are Stock, 1874 ...... - WILL POWER OF APPOINTMENT DEATH months, unless other claimants sooner appear.] India WALKER (Henry Fowler Vincent Louis), Vale-place, North- APPOINTEE IN LIFE OF APPOINTOR RESIDUARY Three per Cent. 105i 106 105| having a fleet, Kent, gentleman. 1<)'7. Reduced India 4 $ C. Oct. 1888 105J 105i 1054 BEQUESTS NEXT OF KIN. A testatrix Annuities. Claimant, Harriet Susan Barnet Lemming India 5* Cent. 1870 ... j J in, and a general power of appoint SOs.a SOs.a ife interest (wife of Henry Lemming).__ India Bonds (1000J.)... SOs.a SOs.a 30s.a ment over, the residuary estate of her late hus- Do. (under 1000J.) .. SOs.a SOs.a SOs.a SOs.a SOs.a ... APPOINTMENTS UNDER THE JOINT-STOCK 6s.a 6s. a 6s. a: fis.a 6s.a >and, by her will appointed an executor ; and after Ex. Bills, 10001...... and giving certain WINDING-UP ACTS. Do. 5001...... 6s. a 6s.a 6s. a 6s. a! 6s. a lirecting payment of her debts LYSCONWG COAL COMPANY (LIMITED). Creditors to send in Do. 1001. and 2001. 6s. a 6s.a 6s.a 6s.a 6s. a egacies, bequeathed the residue of her estate to by Feb. 15, their names and addresses, and the particulars between of their claims, and the names and addresses of their soli Metropolitan Board of our persons (direct) to be divided equally Westminister, Wo-ksSJ$C. Stock. m 974 97^ 97-i lifetime of citors, if any, to R. Smith, (i, Victoria-street, hem. Two of the persons died in the the official liquidator of the said company. Feb. 2', at he testatrix : Held, that her husband's next of eleven o'clock, at the chambers of the M.R., is the time ap to the shares of the. persons who pointed for hearing and adjudicating upon such claims. dn were entitled ;OYAL NAVAL, MILITARY, AND EAST INDIA COMPANY LIFE had died : (Be Davies' Trust, 25 L. T. Rep. N. S. ASSURANCE SOCIETY. Petition for winding-up to be heard REPORTS OP SALES. '85. V.C. W.) Feb. 9, before V.C. M. ___ [.NOTE. The reports of the Estate Exchange are officially PRESUMPTION OF DEATH LEGACY TO A supplied in the following list. Auctioneers whose names died in 1847, having by his :REDITORS UNDER ESTATES IN CHANCERY. are registered there will oblige by reports of their own JLASS. A testator LAST DAY OF PKOOI'. sales.] ____ will given 1000L to the children of his brother W., iving at his death, to be divided between them Thursday, Jan. 25. by his executrix within twelve months at the Mart. qually J.-'ittoUU, ou. ^.uiiiuvv s-iiili, iyuubyi o By Messrs. CHINNOCK, GALSWORTHY, and Co., raised by UIKiESS \ dllu,;, V^ICUIl property known fter his death, and the said sum to be Commons, E.G., licensed victualler. Feb. 15 , J. B. Smith, "Westminster, Victoria-street. The freehold he E.C. March 7 ; as the Grosvenor Mansions sold for £1'J,500. he executrix out of certain property in which solicitor, 2, Church-court, Clement's-lane, No. 21, Saville-street, term 47 years sold for life interest. The testator's brother V.C. B., at Marylebone. pave her a ADDICK (Isaac), Wednesbory Oak, Sedgley, Stafford, £1550. one of whom was last heard West Bromwioh. 14, tipper Marylebone-street, term 27 years sold for V. had five children, maltster. March 0; A. Caddick, solicitor, No. the executrix paid their March 23; V.C.W. at twelve o'clock. £360. f in Feb. 1845. In 1848 Clement's-larie, 13, Upper Ogle-street, term 30 years sold for In 1851 she HAMPION (Percivall, St. Clement's House, Nos. 12 and hares to the four other children. E.C., and Withdean, near Brighton, underwriter and in £630. v. Daniac.— was found lunatic, and the master by his report, surance broker. March 1; Wm. Royle, solicitor, 40, Great The Brandon' Estate,' Sale No. 5r-Penninf/ton March 4; V.C.W., at Walworth. No. 255, East-street, freehold, and a freehold ound that one-fifth part of the 1000L remained Marlborough-street. Middlesex. of £8 18s. 6d. sold for £500. to belong to a twelve o'clock. ground-rent npaid, and that it was believed AHMEU (Henry G.), Haven Farm, Firbeck, York, farmer; No. 253, East-street, freehold sold for £335. been heard of since the Gainsborough. J*tb. 1'J. No. 241, East-street, and a freehold ground-rent of £10 per tiild of W., who had not Feb. 12; S. Hayes, solicitor, death, or, if he were dead, to the other V.C.M. at twelve o'clock. annum sold for £465. istator's iJas.), The Walls. Hampton-court, Midrilescx, Freehold ground-rent of £30 per annum, amply secured, and In 1871 the other four children FELTHAM '.',, Bed for £920 ttildren of W. gentleman. March 12 ; H. H.Lawrence, solicitor, a plot of building land sold for payment of the 200t. and W.C. March 21!; V. C. W. at twelve oVosk. No. Ui, Brandon-sti eet, freehold sold for £060. resented a petition ford-square, Mid and the Walworth Temperance Hall, to them out of fund in court to the KEXNARD .Robert. W.) ESQ., 87, Porchester-terrace, No. 28, York-strtet, nterest dlesex. March 11; Collette and Collette, solicitors, 2:», freehold sold for £850. account of the lunatic : Held, that they were W.C. March 22; V. C. M. at twelve Nos. 18, 20, 22, and 24, York-street, freehold sold for £r>:',0. as there Lincoln's-inn-fields, A freehold ground-rent of £4 Ins., well secured sold for £230. entitled to be paid the 200L, inasmuch o'clock. of £21 per LAXGLEY (Wm. H.I, Han^ay-street, Oxford-street, W., Sale No. G. Bethnal-green, a freehold ground-rent was no evidence that there was a fifth child of W. P. Poncione, jun., secured sold for £010. c'.erk in Holy Orders. Feb. 12 ; J. annum, amply living at the testator's death ; but that they were solicitor, r>, Raymond-buildings, Gray's-inn-road, W.C. A ditto of £11 Us. per annum sold for £280. on A ditto of £14 per annum sold for £320. only entitled to six years' arrears of interest Feb. 10 ; V. C. W- a!two o'clock. A ditto of £13 per annum sold for £270. the 200L: (Be Walker, 25 L. T. Rep. N. S. 775. LEO A ditto of £25 per annum sold for fc>7t». King's-cross, York-road. A freehold ground-rent of £20 per Chan.) annum, amply secured sold for £020. COMMISSION IN THE ARMY EQUITABLE A ditto of £25 per annum sold for £.>SO. CHARGE PRIORITY NOTICE SALE OF COM Pleasant-grove. A dwelling-house, with stabling, &c., free LEFT AFTER hold sold for £705. MISSION ARMY AGENT NOTICE A freehold property adjoining the above, comprising cattle- BUSINESS HOURS. An officer in the army, who yards and outbuildings sold for £1300. charges on the proceeds of manufactory, with cottage, near the above had created several A freehold match of his commission, was gazetted on the 7th sold for £430. sale twelve o'clock. A freehold ground-rent of £8 12s. per annum, amply secured Dec. as having retired from his regiment by sale E.C.' M"arcli 1; V.C. M., at sold for £275. [FEB. 3, 1872. 254 THE LAW TIMES. the purchaser. He, afterwards, upon c. 35. AND THE BAR. W. became CREDITORS UNDER 22 & 23 VICT. THE BENCH investigating the title, objected to complete his ANDREWS (George). Watfield, Suffolk, farmer. March upon the ground that L. might marry and Sons, solicitors, NjBedham-market. purchase, 25; Hayward Belleville, Paris. CALLS TO THE BAR. again, and that if her second or any subsequent ATWOOD (John C. , 4, Impasse Moulin Joli, of March 12; Simpson and Cullingford, solicitors, 85, Grace- IKN. Alfred Barratt, Esq., B.A., husband survived her, he would, under the will E.C. LINCOLN'S up for church-street, and book (Eldon scholar) : Charles George Danford, the testator, be entitled to the property put BAYLIS i.Wm. H.). Bilsto'n, Staffs, collier agent Oxford for specific performance keeper. March 9; J. Riley, solicitor, 7, Queen-street, Esq., B.A., Cambridge ; Bertram Savile Ogle, Esq., sale. Thereupon, a bill B.A., against W., and he demurred to the bill Wolverhampton. - cum - Grestby, B.A., Oxford ; Samuel Winter Cooke, Esq., was filed BIGGINS (Chas.). The Times, Skavington Constable, Esq., B.A., for want of equity : Held, that, upon the true con Wybunbury, Chester, gentleman. Feb. 11, Bellyse and Cambridge ; Frank Challice given Son, solicitors, Nantwich. George Holmes Blakesley. Esq., M.A., struction of the testator's will, the property Hereford, corn factor. March 2; Cambridge; and her husband, BUSSELI, (Henry T.). Ross, Fellow of King's College, Cambridge; Jacob to the trustees upon trust for L. S. R Davies, solicitor, Ross. Henry first husband whom she married, BrxxoN (Chas.), Esq., W.P., Fox Warren, Cobham, Surrey. Edward Harvey, Esq., B.A., Cambridge; vested in the 11; Dawes and Sons, solicitors, 9, Angel-court, Cambridge; Thomas Alien subject to her life estate, and that this vested March Staffnrth, Esq., LL.B., to L.: Throgmorton-street, E.C. Esq., B.A., Dublin; Herbert Edward remainder passed under the husband's will CAMPBELL (Lieut.-Gen. John\ Lipson-terrace, Plymouth, Hulmo, the decision of Wickens, Devon. April 2fi; Rooker and Co.. solicitors, Plymouth. Hull, B.A., Oxford ; Charles Lane Sayer, Esq., Held, therefore (reversing (Israel), 27, Raven-street, Whitechapel, Middlesex, Silvester, jun., V.C., 24 L. T. Rep. N. S. 574), that the title was CANTOR Hilbery, solicitor, Trinity Hall, Cambridge ; John sponge merchant. March 25; F. W. Frank Lockwood, Esq., B.A., one which the court would compel the purchaser 32, Crutched-Friars. London. Esq., B.A., Oxford; " unmarried " ( Richard), Furnival's-inn, Holborn, E.C..gentleman. ; Somers Reginald Lewis, Esq., Ferdi to accept : Held, also, that the word CARTE 71, Godlimau-street, Cambridge ever having Feb. 29; Brooks and Co., solicitors, nand Mauger Whiteford, Esq.; Philip Henry in the above gift over meant " without Doctor's Commons, E.C. M.A. and : " (Bad/ore! v. Willis, 25 L. T. Rep. COOKE (Isaac), Moulton Austendyke, Moultnn, Lincoln, Lawrence, Esq.; Andrew Laidlay, Esq., been married farmer and grazier. March 31; Caparn and Willders, B.C.L., Oxford; Samuel Lee, Esq., M.A., Cam- N. S. 720. L.JJ.) solicitors, Holbeach. Edward Heley Chadwyck Healey, OF REALTY AND PERSONALTY DAWES (Chas. R.) Esq., Chippenbam. March 1; H. Dyne, bridge ; Charles WILL DEVISE solicitor. Biuton, Somerset. Esq.; Edmund Richard Gayer, Esq., B.A., Dublin; TO TRUSTEES AND THEIR HEIRS APPLICATION DIGNUM (Chas.). Esq., 39. Bridge-road, Hammersmith, Mid Walter Bishop Kingsford M.A.. Oxford ; William OF TRUST. A testator gave, devised, and be dlesex. March 16; J. S. Ward, solicitor, 52, Lincoln's-inn- Oxford; Arrakiel household furni fields, W.C. Henry Bullock, Esq., B.A., queathed all his stock-in-trade, P.), Milford-house, Llanllwchaiarn, Mont Esq.; and Thomas Watt Smyth, plate, linen, china, books, moneys standing DREW (John solicitors, New- Peter Gasper, ture, gomery. March 6 ; Woosnam and Talbot, Esq., M.A., of the Queen's University in Ireland in his name in the funds, book debts, securities town, Montgomery. and all sums of DRIVER (Mary A.), 4, Highbury-park, Highburj-, Middlesex. (Bengal Civil Service). for money, policies of insurance, April 8; Rixon and Son, solicitors, 52, Gracechurch- MIDDLE TEMPLE. Hiram Shaw Wilkinson, money that might be received or recovered there street, E.C. 1; H Esq., B.A., Queen's University, Ireland, holder of under, and all other the estate and effects of DTJGMORE (Jno.\ Esq., Swaffhnm, Norfolk. March to or in Hansell, solicitor, in the Precincts of the Cathedral, Nor the studentship awarded by the Council of Legal which he should be possessed, entitled James Dyer decease, and of wich. Mid Education, Michaelmas Term, 1871; terested in, at the time of his EARITH (Henry\ 21, Boundary-road, St. John's-wood, Sussex College, Cam or kind, or whosoever the same dlesex, gentleman. March 1; Boulton and Sons, solicitors, Tremlett, Esq., M.A., Sidney whatever nature Clerkenwell, E.C. of a certificate of honour awarded might be, unto H. L. and R. H., their heirs, execu 2lA, Northampton-square, March 1; bridge, holder EVAXS (Jno.), Moseley, Worcester, factor. by the Council of Legal Education, Trinity Term, tors, and administrators, according to the nature Saunders and Bradbury, solicitors, 41, Cherry-street, of Worcester upon trusts Birmingham. 1871; James Simpson Carson, Esq., and quality thereof respectively, Esq.. 2ft, Russell-square, W.C. April 1; Alien Campbell, Esq., B.A., held applicable only to personalty : EwiNffs iWm.) W.C. College, Oxford; which were Ford and Lloyd, solicitors, 4, Bloomsbury-square, College, Oxford ; Arthur Greville Dowler, Held, that certain freehold and copyhold property Nechells-park-road. Birmingham, gun- Exeter FAULKNER (David), solici Arthur Entwisle, Esq., M.A., Balliol Col of which the testator became possessed subsequent barrel maker. March 1 ; Saunders and Bradbury, Esq.; but tors, 41, Cherry-street, Birmingham. lege, Oxford; Richard Fletcher Wilme, Esq.; to the date of his will, passed to the trustees, F.), Church-road, 'Edgbaston, near Bir Saft'ord, the the heir-at- FEENEY (Jno. and Bernard Charles Molloy, Esq.; Frank with a resulting trust in favour of mingham, newspaper proprietor. March 1; Saunders Esq.; George Peter of the testator : (Longley Bradbury, solicitors, 41, Cherry-street, Birmingham. Esq.; John Henry Boome, law and customary heir FISH'(Jas.), Stogumber, Somerset, and Water - street, St. Martin, Esq. ; George Henry Wavell, Esq. ; v. Longley, 25 L. T. Rep. N. S. 736. M. R.) 8; Parnell and Salt, soli Paul's, Bristol, maltster. March Thomas William Carmalt Jones, B.A., Emmanuel WILL GIFT ABSOLUTE AS FOR LIFE. A tes citors, Bristol. Frangois FRANCIS fWm.), 10, Redman's-row, Mile-end, Middlesex. College, Cambridge; and Pierre Ludovic tator by his will bequeathed to each of the per March 21; F. T. Donne, solicitor, 1, Princes-street, Spital- Clement Langlois Esq. named, including a married Middlesex. sons thereinafter fields, Cornwall, mine INNER TEMPLE. Philip Colley, Esq., B.A, for his or her own absolute use, 10.000J., GILBERT (Francis), Park-cottage, Camborne, LL.B., niece, agent. March 1; F. V. Budge, solicitor, Princes-street, London; Herbert Alexander Wix, Esq., except as hereinafter limited." After bequeath Esq., B.A., " Truro. "W. Cantab. ; Thomas Holme Cardwell, ing certain annuities to three ladies, the testator HAIMES (Selina), Edgerton-street, Sheffield. Feb. 20; Howe, Esq., B.A., Cam to be J. Clegg, solicitor. 57, Bank-street, Sheffield. Oxford ; Charles John directed that the legacies to his nieces were HALL, otherwise Halsey (Caroline \ Reading, March 11; bridge; Reginald Godfrey Marsden, Esq., B.A., the interest therefrom, together Broad-street, E.C. invested, and Abinet and Co., solicitors. 3, New Oxford; Bowen May, Esq., jun., M.A., S.C.L., the annuities, were to be in trust for their HARGREAVES (Rev. Jas.) West Tilbury, Essex, clerk, March Esq., B.A., with 25 ; Field and Co., solicitors, 3(i, Lincoln's-inn-rields, W C Oxford ; Charles Frederic Davison, separate use, and in case any one of the three an HEATHER (Wm.), 10(1, London-wall, E.G., saddler, March 1 Cambridge ; John Edmund Linklater, Esq., B.A., or either of his nieces, should become solicitor, 87. Castle-street, Holborn, E.C. nuitants, Wm. Lvtard, March 25; S.C.L., Oxford; Arthur Frederick Jeffreys, Esq., or insolvent, or sell, mortgage, or dis HISDLEY (Chas.), Esq., Ea>-t Acton, Middlesex. Esq., bankrupt W. H. Oliver, solicitor, (>4, Lincoln's-inn-fields. W.C. B.A., Oxford; William Charles Gayner, pose of the annual sum or interest bequeathed to George), formerly George Goldney, Thompson, Esq., HONE-GOLDXEY (Rev. Kent, M.A., Oxford; William Henry her, then the same should cease and become part North Bank, and Coast-garden, Tunbridge Wells, Charles Norman Bazalgette, were dead, clerk. March30; Bloxam and Co., solicitors, 1. Lincoln's- M.A., Cambridge; of his residuary estate as though she inn-fields. W.C. Esq., B.A., Oxford ; George Rodie Thompson, of his married niece, whose le Regent's-park' except in respect HUGHES (Wm.), Esq., 145, Albany-street, Esq., B.A., Cambridge ; Walter Bradford Wood- gacy was to go to her children according to her N.W. Feb. 2-j ; Lambert and Co., solicitors, S, John-street Adams Hyett, Bedford-row, W.C. gate, Esq., M.A., Oxford: Francis appointment, and in default to them equally. IS, Montague-square, Middlesex. Feb.2fi; Cambridge; Hungerford Tudor Bod- niece it was held, INCE (Ralph P.), W.C. Esq., B.A., Upon the death of the married X. H.Dixon, solicitor, 35, John-street, Bedford-row, dam, Esq.; Clement Ireby Fisher, Esq.; Robert legacy for her life only, with Leeds. May 1; C. Tem that she took the LAYTON (Hannah), Headingley, Morris, Esq., M.A., Cambridge; John Winter- to her children as she should appoint, pest, solicitor, 10, Albion-street, Leeds. Pearson, remainder (Ann), Jewry-street, Winchester, March 25- Lee botham Batten, Esq. ; Tindal Arthur default to them equally, and that therefore LOVELL Pattison, and in and Best, solicitors, Winchester. Esq., B.A., Cambridge ; Henry John her husband ought not, in respect of it, to take Whitehaven, Cumberland, Esq. MARSHALL (Wm.), Solway-view, 1; Esq.; and Thomas Robert Stokoe, out administration to her. Where the Crown, officer in H.M.'s Custom-house, Whitehaven. March Henry Hunt. duty, Lamb and Howson, solicitors, Wnitehaven. GEAT'S-INN. Edward being interested in respect of administration MARSTER (Everetta C.), Street, near Ludlow. March 5; consented to appear, the court decided the ques solicitor, Ludlow. L. L. Clark, Somerset, tion between the Crown and subject on petition : MOODY (Christopher), Cock Mill Farm, Pilton, B.) gentleman. March 1; H. Dyne, solicitor, Bruton, Somer AND (Re Ware's Trusts, 25 L. T. Rep. 737. V.C. set. REAL PROPERTY OLLIFF (Samuel W.), the Star and Garter, 79, Caledonian- CONVEYANCING. road, Middlesex, licensed victualler. March 1; J. Inder- maur, solicitor, 1, Devonshire-terrace, High-street, Mary- LAW. lebone, W. NOTES OF NEW DECISIONS. COMPANY PAYNE (Geo. A.), Esq., East End-house, Fairford, Gloucester. March 9; Mullings and Co., solicitors, Cirencester. VENDOR AND PURCHASER DOUBTFUL TITLE OF NEW DECISIONS. (Eleanor), Great Bookham, Surrey. March 1; AN NOTES PICKERIXG Gray's-inn, WILL GIFT TO TRUSTEES IN TRUST FOR Deane and Co., solicitors, li, South-square, testator devised and be SCRIP CERTIFICATES SHAREHOLDER RECTI UNMARRIED WOMAN. A for the purpose of PLOWDEN (Col. Jas. C.), New Park-house, Chale, Isle of certain freehold, leasehold, and personal FICATION OF REGISTERS. Suit Snow, solicitors, 22, College- queathed name removed from the Wight. Feb. 29; Blake and property, and the rents, issues, and profits thereof having the plaintiff's hill, Cannon-street, E.C. register of shareholders of the defendant com ROBEETS (Wm.;, Labumam-cottage. ETm-place, Brompton. bo trustees upon trust to pay to or permit his commercial travellt-r. Feb. 29; Brooks and in equal shares pany. The prospectus of a railway company, Middlesex, daughters, A. and L., to receive the capital Co., solicitors, 7, GodJiman's-street, Doctor's-commons. lives, for their separate use, issued after its incorporation, stated for their respective in 5100 provisional scrip certifi and after their respective deaths upon trust to to be 255,000i., transfer the cates to bearer of 50'-. each, If. to be paid on ap convey and assure, assign, pay, and that on regis SMITH (Adam), 17, Gracechurch-street, E.C., merchant. between the re plication and 4t. on allotment; and 12, Fencliurch-street, whole thereof unto and equally would be March 1; Hillyer and Co., solicitors, them, his said daughters, tration of the scrip, of which due notice -hj.U. spective husbands of for 50i. would be divided STEPHENS (Robert), 13, The Paragon, Bath, gentleman. to thorn respectively, and their respective given, the certificates solicitors, 5U, Broad- to hold of 101. each. The Act by which March 1 ; Heuderson and Salmon, heirs, executors, administrators, assigns, accord into five shares street, Bristol. thereof re the company was incorporated enacted that no- TAYLOR (Mary M.), 18 West-lodge, C'lokham. Berks. March ing to the several natures and qualities should is, Feaikemone-buiiaings, Hol either of his share should be issued by the company, or 25; G. Cheatle, solicitor, spectively. Provided always that if until not born, W.C. to depart this life vest in the person accepting the same, (julia), Crownbrook, Forest-hill, Surrev. Feb. 29; said daughters should happen nominal amount THOMAS Ci;nnon-=treet, such case the share of less than 20 per cent, on the Blake and Snow, solicitois, 22, College-hill, unmarried, then and in paid thereon. The plain i.C. in and to his aforesaid trust estate thereof should have been Lower Edmonton, Middlesex, gontleman. such daughter, obtained a number of scrip TYAS (Wm. T.), Middlesex. and belong to the survivor of tiff applied for and March 1 ; P. ±-urvis, solicitor, Winchinore-hill, should accrue on the nominal value of which he paid WEBB (Elizabeth), Northwurnborough, Utliham, Hants. them, his said daughters, and be taken and en certificates, 28; Lamb and Brooks, solicitors, Odiham, Hants. up only 10 per cent. He never applied to the March and 13'J. Pownall- joyed by her for her life in like manner as was WRIGHT (Thos.), Bierly-hill, Staffordshire, to her original company to register his certificates, but the direc road, Dalston, Middlesex. Feb.2S; F. R. Smith, solicitor, thereinbefore directed with respect put his li.C. the whole should de tors registered them against his will, and 70, King William-street, sharr, and on her decease in respect of a should be conveyed and assured, name on the list of shareholders volve to, and shares. Held (affirming assigned, and transferred to the husband of corresponding number of EPPS'S CHOCOLATE. "Nous ii'avonsen Francequ'une as was therein the decision of the Master of the Rolls, and fol du Cacao emploie mi his said surviving daughter, seule ubine oil la preparation respect to her original share. lowing Eustace v. The Dublin Trunk Connecting materiel et un personnel aussi considerables qvie ceux before directed with L. Epps death, L. married, and her Railway Company (18 L. T. Rep. N. S. 679; que nous avocs vus dans 1'usiue de Messieurs After the testator's not turn dans sou. genre que cette in her lifetime, having by his will | Rep. 6 Eq. 182), that the directors could C'est vine veritable curiosite husband died a shareholder immense fabrique." La Situation (the Imperialist all his interest under the testator's the plaintiff from a scripholder into is given to her his will, and organ). The wrapper of each cake of Chocolate will. Subsequently, a portion of the freehold pro without his application and against Jacelled "JAMES EPPS & Co., Homoeopathic Chemists, trust for L. and that ho was. therefore, entitled to have his name of Epps's Milky Chocolate perty devised by the testator on ) rvrtdou." Also, mukers for sale, and at the sale removed from the register of shareholders : (Mcll- (Chocolate ana Condensed. Milkj. her husband, was put up FEB. 3, 1872.] THE LAW TIMES. 255 wraith v. The Dublin Trunk Railway Company, himself, by neglecting to take security for costs, it might do, and Hanson, when he found it, might 25 L. T. Eep. N. S. 776. Ld. Chan.) under the 41st section of its rules, from Booth, who lawfully kill, keep, or dispose of it. Thus at COMMONABLE EIGHTS COMPENSATION. resided within its jurisdiction. The plaintiff now large on his land, without any known or visible Where the promoters of an undertaking acquire by sought to atone for his own negligence by resort owner, it was as much vermin as a weasel or pole in conveyance from the lord of the manor, the right ing to the process of another court, and so bringin cat ; and in giving to the defendant, it became as the soil of any lands subject to any rights of com action upon action, and needlessly increasing the much his property, while in his possession and mon, but no effectual meeting is held for the costs against the defendant. If he had properly kept and fed by him, as it was the property of the appointment of a committee by the commoners, availed himself of the remedies given him by the plaintiff while in his possession and kept and fed fco agree with the promoters as to the amount of Pentice Court, and they had proved defective, it by him. Judgment for the defendant. compensation for the extinguishment of their might have been different, as in the case of a commonable rights; it is the duty of the promoters, foreign court whose judgment it was sought to and not of the commoners, to take the initiative in enforce in England ; but he had not done so. If COLNE COUNTY COUET. getting a surveyor appointed by justices, to deter an action would not lie on the judgment of a (Before W. T. S. DANIEL, Q.C., Judge.) mine the amount of compensation. Where the County Court in a Superior Court, it seemed Thursday, Jan. 18. if the ODposite rule should be good; promoters fail to do so, and enter upon the land anomalous LORD v. HAIGH AND ANOTHER. without payment or deposit of compensation to besides it was extremely doubtful whether the the commoners, whose rights of common are dis costs alone, as severed from the judgment, would Promissory note—Agreement—Stamp—Leeds v- turbed by the promoters, any such commoner may be a good cause of action. That was emphatically Lancashire (2 Camp. 205), Cholmelyy. Darby (14 maintain an action against the promoters for the denied in Emerson v. Lashley, where it was said M. fy W. 344), applied. injury thereby sustained: (Stoneham v. The that " in actions brought in the Superior Courts, Francis Hartley, Burnley, for plaintiff. London, But to lend my name as their agent, I have never LAW SOCIETIES. debates during the past year, sixteen on legal consented. On the contrary, I have set my face points relating to negligence hotel keepers, ex- stoppage in transit it, wife's separate against not only the encroachments of these NORWICH LAW STUDENTS' SOCIETY. ecutorship, but those estate, husband and wife, descent, tenant by the gentlemen on the province of attorneys, was held on far more insiduous and dangerous classes the AN ordinary meeting of this society courtesy of England, joint-stock companies, prin in a higher Wednesday, the 17th ult., when the following cipal and agent, fixtures, &c. ; and four on juris- more dangerous because they move : " Should marriage with i sphere the auctioneer, valuer, and house agent. question was debated prudential subjects, viz., our system of procedure on the con deceased wife's sister be legalised ?" Mr. G. B in criminal trials ; the expediency of the property I have dilated somewhat at length the debate, contended that clusions to be drawn from your remarks ; but the Meachen, who opened of an intestate, who leaves none but remote heirs it should, and, after a protracted discussion, th< or next of kin, going to the state ; the desirability gravity of the insinuation against the character ma of one whose professional conduct during a prac question was so decided by a considerable of the legal profession being thrown open to tice extending over thirty-two years, not the hint jority. ______women ; the abolition of legislation by hereditary or suspicion has ever been breathed, renders it p«ers. There had been an attendance of ten per necessary that I should place myself right with HULL LAW STUDENTS' SOCIETY. night. The library had been augmented during your readers and my professi»nal brethren. was held on Tuesday the past year by the purchase of the following A MEETING of this society Prideaux's Precedents and Disser CHARGES LAMB. evening last, in the Law Library, Parliament- works, namely: 14, Ship-street, Brighton, Jan. 30,1872. in the chair. The tations in Conveyancing. Translation of Ortolan's street, H. Sharp, Esq., solicitor, History of the Roman Law, Tomkins and Jenkina' point for discussion was, " Was the case of Maid on N. S. 592) rightly de Modern Roman Law, Elphinstone's Lectures v. Wilkinson (23 L. T. Rep. Conveyancing, and the last editions of Addi- cided ?" Mr. A. Wray and Mr. Jackson supportec Smith on NOTES AND QUERIES ON and Mr. J. T. Woodhouss anc son on Tort«, Smith on Contracts, in the affirmative, Landlord and Tenant, Smith's Manual of Equity, POINTS OF PRACTICE. Mr. Glover argued in the negative. After an was decided in the and Hunter's Suit of Equity. Six years having animated discussion the point the last catalogue was printed, the affirmative. ______elapsed since NOTICE. We must remind our correspondents that, th committee recommended that they be instructed column is not open to nuestions involving points of la; to prepare another edition. The treasurer's ac such as a solicitor should be consulted upon. Queries wi THE BIRMINGHAM LAW STUDENTS be excluded which go beyond onr limits. count showed a balance in hand of 11J. &•>. lOcL N.B. None are inserted unless the name and address of thi SOCIETY. Changes had also taken place in the offices of trea writers are sent, not necessarily for publication, but as and dinner of the members which are now for liana fide*. THE annual meeting surer, secretary, and librarian, guarantee of the above society took place at the Hen and respectively held by Mr. Van Wart, Stanbury, and Chickens Hotel on Jan. 17. The chair was occu Mr. Canning. The committee recorded their in (spmts* pied by Mr. A. R. Adams, recorder of Birmingham, debtedness to Mr. G. J. Johnson for his lecture on 87. LANDLORD AND TENANT. Effect of wording and Mr. T. Martineau officiated as vice-chairman. ' The nature of, and distinction between, leases lease, is, tenant in giving1 notice of damage by rabbits i There were also present, Messrs. T. C. S. Kynners- and agreements for leases,' delivered on the 7th to receive compensation, if landlord will not gran ley (stipendiary), Rosher, . G. J. Johnson, T. Nov. They also expressed satisfaction at the him permission to kill them in seven days : (1) Tenan H. W. Stanbury of the gives notice when 110 damage is done and landlord dis Horton, J. B. Clarke, R. Webb, efforts now being made by the law societies regards it. Will that notice hold good for damage suh (secretary), &c. country to raise the general tone of the Profes sequent to the seven days, or must tenant give a fres! After the removal of the cloth, the Chairman sion, and the recognition by the highest dignitaries one? (2) If landlord give permission to "kill," th proposed the " Health of the Queen, the Prince of the law of the importance of a sound and me word used in the lease (a)Can he restrict the permia and Princess of Wales, and the rest of the Royal thodical legal education; and hoped that this sion to the tenant only, or (b) Cau he prevent th family." The toast was received with great en formed to improve the status of the tenant from employing anyone obnoxious to himsel society, (the landlord) ? (c) Can he forbid a gun to be used in thusiasm. articled clerk, and increase his interest in the the killing ? References and cases will oblige. I. B. The Vice-Chairman then proposed the next study of the law, might continue to receive the toast " The Bench and the Bar." hearty support both of law students and the older first responded to the toast, 88. LEASE. I shall be glad if some of your reader The Chairman members of the profession." will give ine their opinion upon the following query saying it was matter of great gratification to him The Chairman said it was usual for the gentle A, in Jan. 1870, executed a legal mort.ja,.'e of his re* to have been asked to preside at the annual meet man who presided on these festive occasions to estate, at Downham, to secure a sum of money. In ing of the Birmingham Law Students' Society, read a written address to the members, setting out Feb. following, he granted a lease of a portion of the and that the day he suggested as convenient to the advantages that accrued to the Profession at laud included in the mortgage to B, for a term of sever himself should have been found also convenient large from the establishment of the Law Students' years. The mortgagee did not concur. In July 187 A filed a petition for liquidation, under sect. 125 of the for so many of the members as he now saw around Society in Birmingham. He wrote, however, such. Bankruptcy Act 1869, under which trustees were ap him. With regard to the eulogy which had just an intolerably bad hand that he shrank from com pointed, who sold the real estate, subject to the inort been pronounced upon the English Bench, he had, mitting his thoughts to paper as often as possible, gage to C., by public auction. C. is now very desirou practically speaking, but a small part in it. The and he felt it would bo better for them as well as of getting rid of B, and has served him with a notice to Bench ought always to consist exclusively of the himself if they would kindly allow him to follow quit. Now,itis clear that from the cases Doe d Barney v ; and he concurred mind. On looking Adams (2 Cro. & Jero. 235), Whitton v. Peacock (2 Bin LITTLEWOOD, GEORGE, retail brewer, Aston; Feb. 9, at eleven, a IZAUD, WILLIAM, builder, Hamilton-rd, Bethnal-green ; Feb. 10, office of Sol., Harrison, Birmingham at eleven, at the Victoria Tavern, Victoria-park. Sol., Hicks, PARTRIDGE AND COOPER LITTLEWOOD, JOHN, belting manufacturer, Old Trafford, near Lansdown-ter, Victoria-park Manchester; Feb. 9, at three, at office of Sol., Kearsley, Man JACKSON, AMBROSE, draper, Stalybridge; Feb. 14, at three, at the WHOLESALE & EETAIL STATIONEES, chester Boar's Head Inn, Manchester. Sol., Buckley LOWE, DANIEL, grocer, West Cowes, Isle of Wight; Feb. 8, at JONES, HERBERT ALWYN, coal merchant, Liverpool; Feb. 9, at 192, FLEET-STREET, AND 1 & 2, CHANCERY-LANE, LONDON, E. eleven, at the Star hotel, Newport, Isle of Wight two, at offices of Sol., Fowler, Liverpool MAWSON, HENRY, printer, Bradford; Feb. 7, at three, at office of JOSLING, GEORGE, farm bailiff, Writtle; Feb. 12, at twelve, at Carriage paid to the Country on Orders exceeding 20s. Sols., Taylor, Jeffery, and Little, Bradford office of Sol. Meggy, Chelmsford HILLS, JOSEPH, and MILLS, JOSIAH, brick manufacturers, Shel- KAUFMAN, LEVY, jeweller, Middlesborough; F3b. 29, at three, at ton; Feb. 7, at three, at office of Mr. Challinor, Hanley. Sol., office of Sol., Bel!, Mest Hartlepool DRAFT PAPER, 4s. fid., Gs., 7s., 7s. 9d., and 9s. per ream. Litchfleld, Newcastle KLITZ, GEORGE PHILIP, professor of music, Fairfleld; Feb. 12, BRIEF PAPER, 15s. (id., 17s. (id., and 23s. Gd. per ream. MORRIS, JOHN, butcher, Wolverhampton; Feb. 10, at twelve, at at eleven, at at office of Sol., Taylor, Buxton FOOLSCAP PAPER, 10s. Cd., 13s. Gd., and 18s. Gd. per roam. office of Sol., Greenway, Wolverhampton LANCASTER, DAVID, shopkeeper, Bradford; Feb. 8, at three, at CREAM LAID NOTE, 3s., 4s., and Ss. per ream. OSBALDESTON, ROGER, cotton manufacturer, Brierfleld, near office of Varley, accountant, Bradford. Sol., Rhodes, Bradford LARGE CREAM LAID NOTE, 4s., Gs., and 7s. per ream. Burnley; Feb. 13, at three, at office of Sols., Grundy and Coul- LEE, JOSEPH, potato dealer, Bilston; Feb. 12, at eleven, at offices LARGE BLUE NOTE, J!s., 4s., and Gs. per ream. son, Manchester of Sols., Woodward and Smith, Wednesbury 4s. Gd., and 6s. Gd., per 10PO. PAIN, WILLIAM, blacksmith, Overton; Feb. 7, at half-past one, MADDICK, GEORGE WILLIAM, newspaper proprietor, Shoe-la. ENVELOPES, CREAM OR BLUE, at the Bed Lion hotel, Basingstoke. Sol., Clarke, Whitchurch Fleet-st, and Brixton-rd, Brixton; Feb. 12, at three, at offices of THE " TEMPLE " ENVELOPE, extra secure, 9s. Gd. per HjOO. PENNINGTON, ABEL, out of business, Warrington; Feb. 7, at Sol., Jenkins, Tavistock-st, Covent-garden FOOLSCAP OFFICIAL ENVELOPES, Is. (id. per K'O. eleven, at Commercial-chmbs, Horse market-st, Warrington. AlAREROOK, GEORGE DOUGLAS, grocer, Birmingham; Feb. 12, at THE NEW " VELLUM WOVE CLUB-HOUSE " NOTE, 9s. Gd. per Sols., Davies and Brook, Warringcon two, at offices of Sols., Wright and Marshall, Birmingham ream. PICKLES, JOHN, grocer, Shipley ; Jan 31, at ten, at office of Sol., MILLER, JOHN EDMUND, butcher. High-st, Notting-hill; Feb. 10, " We should direct particular attention to their New Club Hargreaves, Bradford at two, at offices of Sol., Edwards, Graceohurch-st it is the very best paper we ever PHATT, JOSEPH, saddler, TJpton-upon-Severn ; Feb. 5, at one, at MOORE, JOHN GODDAHD, coal merchant, Lowestoft; Feb. 1G, at house Paper : in our opinion the Crown hotel, Worcester. Sol., Gregory one, at offices of Sol., Diver, Great Yarmouth wrote upon." London Mirror. PKEXTICE, JAMES, sen., fish salesman, Bermondsey, and Lower MORRIS, WILLIAM, baker, King's Sutton; Feb. 13, at two, at Thames-st, and Billingsgate market; Feb. 5, at eleven, at the office of Sols., BullerandPearse, Banbury British Mercantile Offices. Old Bailey. Sol., Hicks, Coleman-st NiCHOLSON, JAMES, innkeeper, Redcar; Feb. 10, at four, at the INDENTURE SKINS, Printed and Machine-ruled, to hold twenty BEAD, PAUL, farmer, Droxford, near Bishops Waltham; Feb. 9, Queen hotel, Redcar. Sol., Pullan or thirty folios, Is. Sd. and Is. 9d. per skin, -20s. per dozen. at three, at offices of Sol., Killby, Southampton . NORTHCOTT, JOSEPH, woollen manufacturers' agent, Adelaide- SECONDS or FOLLOWERS, Ruled Is. Gd. each, 17s. per dozen. RIVERS, WILLIAM MOLLART, clock maker, Hanley; Feb. 8, at rd, Haverstock-hill; Feb. 7, at three, at MullenV Hotel, Iron RECORDS or MEMORIALS, Gd. each, 5s. per dozen. eleven, at 22, Cheapside, Hanley. Sol., Sherratt monger-la. Sol., Croft, South Lambeth-rd ROSENBERG, ABRAHAM, jeweller, East Stonehouse; Feb. 9, at ORBAS, MICHAEL JAMES GEORGE, auctioneer, Cannon-st; Feb. twelve, at office of Sols., Messrs. Edmonds, Plymouth 9, at twelve, at offices of Sol., Eady, Great Winchester-st-bldgs LEDGERS, DAY-BOOKS, CASH-BOOKS, LETTER or MINUTE-BOOKS RUFF, GEORGE BAKER, farmer, Chartham; Feb. 7, at three, at OSBORN, GEORGE, dyer, Upper-st, Islineton; Liverpool-rd, the Queen's-head hotel, Canterbury. Sol., De Lasaux Islington; High-st, Notting-hill; and Canal-rd, Kingsland; An immense stock in various bindings. SABIN, THOMAS WILLIAM, livery stable keeper, Oxford; Feb. 10, Feb. 15, at three, at the Jamaica Coffee-house, St. Michael's- ILLUSTRATED PRICE-LIST of Inkstands, Postage Scales, at twelve, at offices of Sols., Hurford and Taylor, Oxford alley, Cornhill. Sols., Messrs. Child, Doctors'-commons Copying Presses, Writing Cases, Despatch Boxes, Oak and SANDIFORD, NATHANIEL, woolsorter, Lowerfold, SpotlanJ, par OXLEY, TOM ELPH1C, saddler, Footscroy, par. Chislehurst; Feb. useful articles Rochdale, Feb. 15, at three, at office of Sols., Messrs. Koberts, IS, at office of Holloway, accountant, Ball's-pond-rd, Islington. Walnut Stationery Cabinets, and other Rochdale Sols., Heithfleld, Lincoln's-inn-flelds adapted to Library or Oflioa, post free. SARL, CHARLES, out of business, West Cowes, Isle of Wight; PAGE, ANN ELIZABETH, carver, Coventry-st, Piccadilly; Feb. 14, Feb. 7, at ten at the Castle hotel, Southampton at two, at offices of Sols., Hudson, Matthews, and Co., Bucklers- TRUSTEES, AND SOLICITORS SAXBY, ROBERT, miller, Old Bradwell; Feb. 7, at three, at the bury TO EXECUTOES, Swan inn, Newport Pagnell. Sol., Stimson, Bedford PALMER, ALBERT REYNOLDS, clerk in orders, New Bond-st; SCRUTON, PETEB DICKINSON, chemist, Boston; Feb. 5, at half- Feb. 7, at three, at offices of Sol., Luscombe, New 13urlington-st past ten, at office of Sol., York, Boston PASSMORK, RICHARD ADOLPHUS, merchant, Newman's-ct, Corn- SHEPHERD, EDWARD FREDERICK, schoolmaster, Thatoham; hill; Feb. 6, at half-bast two, at offices of Sol., Pain, Quality-ct, SILVER PLATE, DIAMONDS, Feb. 16, at eleven, at the Great Western hotel, Beading. Sol., Chancery-la Lucas, Newbury PEACE, FREDERICK, commercial traveller, Sheffield; Feb. 14, at ARTICLES OF VERTU, SLACK, GEORGE HENRY, agent, Nottingham ; Feb. G, at twelve, eleven, at office of Sols., Mellor and Porrett, Sheffield JEWELRY, at office of Sol., Acton, Nottingham PEATE, JOHN, miller, Shrewsbury; Feb. 10, at twelve, at the &c., SMITH, CHARLES, currier, Walsall; Feb. 8, at eleven, at the Crown hotel, Shrew.-bury. Sol., Jones, Oswestry Bradford Arms inn, Walsall. Sol., Adams, Walsall PUSEY, GEORGE, stationer, High Wycombe; Feb. 12, at one, at VALUED FOR PROBATE, SMITH, JOHX, provision dealer, Manchester; Feb. 9, at three, at the Falcon Hotel, High Wycombe. Sol., Battins?, Great Marlow CORRECTLY office of Sols., Hardings, Woods, and Wilson, Manchester RIDINGS, ELIZABETH, boiler maker, Bolton ; Feb. 10, at half- OR STEADMAN, JOSEPH, publican, Birmingham; Feb. 10, at twelve, past two, at office of Sols., Messrs. Winder, Balton Sol., Jaques, Birmingham ROBINSON, CHARLES, oilman, Myddelton-sq and Exmouth st, PURCHASED IN ANY AMOUNT AT THEIR FULL at office of house, TAYLOR, DANIEL, builder, Exeter-pl, Walham-green; Feb. 12, at Clerkenwell; Feb. 15, at two, at the Guildhall Colfee FOR CASH. three, at offices of Sols., Lindsay, Mason, and Greenfleld, Gresham-st. Sol., Norris, Acton-st, Gray's-inn-rd VALUE Basinghall-st ROEBUCK, BUFUS, licensed victualler, Unstone ; Feb. 9, at three, THORXLEY, CHARLES, laca manufacturer, Nottingham ; Feb. 9, at office of Sol., Gee, Sheffield at twelve, at offices of Sol., Belk, Nottingham ROPER, JAMES, boot dealer, South Shields ; Feb. 17, at eleven, at Ass, grocer, Newcastle; Feb. 8, at two, at offices of offices of Sol.. Duncan, South Shields D. & J. WELJLBY, TURNBULL, Feb. 12, Sols., Messrs. Joel, Newcastle BOYLE, WALTER, merchant's clerk, Noel-st, Islington: DEALERS IN PLATE, JEWELRY. TYLER. GEORGE TOWNSEND, smith, Dover ; Feb. 15, at twelvr, at. r>nf. at offices of Sols., Fallows and Whitehead, Lancaster-pi, WHOLESALE at office of Sol., Mowll, Dover Strand AND PRECIOUS STONES, WADLOW, HARRIET, innkeeper, Much Wenlock; Feb. 6, at eleven, BUMUALL, WILLIAM Louis, hair dresser. High Wycombe; Feb. at office of Sol., Morris, Shrewsbury 12, at eleven, af90, Enston.st, High Wycombe COVENT-GARDEIT, WEBBER, THOMAS, baker, Gloucester; Feb. 10, at twelve, at office SANDERSOX, HEXHY, cutlery manufacturer, Sheffield; Feb. 12. at 2O, GABBICX-3TREET, of Sol.; Cooke, Gloucester three, at office of Sols., Brooinhead, Wightman, and Moore, LOITDON. WILLIAMS, Eiuc, schoolmaster, Sun dial-pi, Upper Holloway; Sheffield Feb. 5, at eleven, at office of Sol., Scarth, Welbeek-st, Caven- SHEARSMITH, PETER, butcher, Kingston-upon-Hull; Feb. 7, at dish-sq two, at the George hotel, Kingston-upon-Hull. So'., Laverack Secondhand Plate, Jewelry, tfc., for Sale, at Trade WILSON, JOHN, victualler, Lawford-rd. Kentish Town ; Feb. 12, SLATOR, THOMAS, commission agent. Manchester, Feb. 14, at Prices. at two, at office of Sols., Nash, Field, and Laytou, Suffolk-la, three, at offices of Sol., Duckworth, Manchester Cannon-st SNOWDEN, JAMES, plumber, Ossett; Feb. 13, at thi'ee, at the WOOD, CHARLES, grocer, Burslem ; Feb. 7. at half-past two, at Batley Station hotel, Batley. Sol., Stringer, Ossett ESTABLISHED FIFTY YEARS. the County Court office, Haaley. Sol., Litchflekl, Newcastle SWEATMAV, WILLIAM, blacksmith, Middlewieh; Feb. 13, at WOODLEY, JOHN, cooper, cnurcii-ro\v, Limsiiouse; Feb. 12. at eleven, at office of Sol., Fletcher, Northnich one, at office of Dubois, accountant, Gresham-bldgs, Basing. TEKNANT, WILLIAM, hosier, Wolverhampton; Feb. 15, at three, ESSES. JOHNSON, WAbKEK, and hall-st. Sol., Moss, Gracechurch-st at office of Sol., Craven, Guildford-st, Russell-sq WOODWARD, GEORGE, mason, Shepley, par. Kirkburton ; Feb. 9, THOHNTON, JOSEPH, grecer, Dewsbury; Feb. 21, at three, at M TOLHURST, at half-past three, at office of -Sol., Armitage, Huddersfleld office of Sols., Scholes and Brearev, Dewsbury TURXBULL, JAMES, grocer, Crouch-end, Hornsey; Feb. 14, at DIAMOND MERCHANTS and WHOLESALE Gazette, Jan. 30. twelve, at offices of Sols., Carter and Bell, Leadenhall-st JEWELLERS. VOSPER, WILLIAM, tailor, Bedhill; Feb. 9, at twelve, atoffices of ARNFIELD, SQUIRE OWEN, draper, Derby; Feb. 20, at eleven, at Sol., Howell, Cheapside ESTABLISHED 1S34, St. James's hotel, Derby. Sol. Moody slater, Chesterfield ; Feb. 12, at four, at office Feb. 7, WATSON, RICHARD, Yalus Plate, Diamonds,ads, and Jewels, for probate;p or purchase BELL, SAMUEL, bricklayer's labourer, Stoke-upor.-Trent; of Sol., Gee, Chesterfield direct. at eleven, 18, Cheapside, Hanley. Sol., Tenmmt, Hanley WHITEHOUSE, BENJAMIN, rope manufacturer, Dudley; Feb. 8, BBNJAMIN, ISAAC, cigar manufacturer, A«hby-de la-Zouch ; Feb. at three, at office of Sol., Lowe, Birmingham 80, ALDERSGATE-STREET, CITY. 9, at one, nt the Midland Commercial Hotel. Leicester WILLHOX, ROBEUT. miller. North Somercotes; Feb. 13, at eleven, BROWNE, ROBERT LANGLEY, grocer, Norfolk-ter, Bayswater at offices of Sol., Bell, Louth Feb. 13, at two, at 2ti, Maddox-st, Begent-sc. Sol., Peck WRIGHT, HENKY, stutioner, Birmingham; Feb. 16, at three, at GUNS, EIFLES, and SURGES, SAMUEL, tailor,Dunstable; Feb. 7, at two, at 12, Hatton office of Sol., Rowlands, Birmingham ECOND-HAND garden. Sol. Marshall, Lincoln's-inn-flelds REVOLVERS. CLARK, FISHER, confectioner, Rve; Feb. 13, at three, at the S Cinque Ports hotel, Rye. Sol., Tanner By all the Best Makers. CORDEN, HENRY, commission agent, Addle-st, Wood-st, and Groombridge-rd, South Hackney; Feb. B, at twelve, at offices of Large Stock of Sols., Marsden and Chubb, Friday-st, Cheapside BANKRUPTS' ESTATES. CROSS, FREDERICK, coal merchant, Newport Pagnell; Feb. 12, at The Official Assignees, &c., are given, to whom apply for i\i» CENTRAL-FIRE AND PIN BREECH-LOADERS. three, at offices of Sol., Stimson, Bedford Dividends. DANE, WILLIAM, coal merchant, Miltor-next-Sittingbourne; Pagec, Basinghall- offices of Sol, Gibson, Sittingbourne J)e Castro, J. and G. merchants, first, 2s. 7Jrf. LARGE BORES FOR INDIA. Feb. 12, at eleven, at st,.—f:ilis, H. T. W. silversmith, second, Qcl. (first and second DAWSON, GEORGE, bootmaker, Basinghall-st, and Studley-rd, UnlliiHimcoi-tli, at the Mason's-hall Tavern, of 2s. 5i THIS SOCIETY HAS TAKEN A LEADING PART IN FREEING LIFE ASSURANCE CONTRACTS FROM ALL NEEDLESS RESTRICTIONS. THE "PROPOSAL FORM " IS MOST SIMPLE IN ITS TERMS. THE POLICIES ARE " INDISPUTABLE," THAT IS, FREE FROM FUTURE CHALLENGE. THE INVESTED FUNDS BEAR AN UNUSUALLY HIGH PROPORTION TO THE LIABILITIES. THE GUARANTEEING SHARE CAPITAL OF ONE MILLION (£160,000 PAID UP) IS FULLY SUBSCRIBED BY 300 MEMBERS OF THE LEGAL PROFESSION. NINE-TENTHS OF THE PROFITS BELONG TO THE ASSURED. SETTLEMENT POLICIES IN FAVOUR OF WIFE AND CHILDREN ARE GRANTED IN TERMS OF THE "MARRIED WOMEN'S PROPERTY ACT 1870." E. A. NEWTON, Actuary and Manager. FEB. 3, 1872] THE LAW TIMES. HJaW SYSTEM OP BUYING A COLD FEET. gales bg 3Uttian. c MONEY. HE PATENT THERMOPODION, HOUSE WITHOUT portable FOOT WARMER. Sufferers from coldnei ESSES. DEBENHAM. TEWSON, and Tthe extremities or laniruid circulation should test th of ESTATES and HOUSES of th FARMER'S LIST neat imd improved urticle for imparting heat, surpassing toM be SOLD or LET, including Lauded Estates, To>vn and antique water bottle, inasmuch as a uniform heat f >r a and Shooting Quarters, cos Country Residences, Hunting BIRKBECK BUILDING SOCIETY, indefinite period can be retained at nn infinitesimal Farms, Ground Rents, Rentcharges, House Property, and for railway travelling, the carriage, o first day of AKD 30, SOUTHAMPTON-BUILDINGS. Especially valuable Investments generally, is PUBLISHED on the 29 sl,u , y- ,. L-ff'i-' l'°rtable, and o< namental. To be obtained t be obtained, free of charge, at their LONDON. Drapers, Chemists, i each month, and may CHANCERY-LANE. nil Irtidmg Furnishing Warelouses, Offices, SO, Cheapside. E. C., or will be sent by post in return imitation sealskin. Price 2lx. for two stamps. Particulars for insertion should be the end of the Bole Manufacturers, SPENCE and C 0., 6, Leather-lane, E.C received not later than four days previous to OST PERSONS ARE FAMILIAR with preceding month. ______what is known UK the " THREE YEARS' SYSTEM" PATENT r.n BY ROYAL LETTERS Valuable Law Books Modern Chancery, Exchequer, Com Mof the Pianoforte Makeis, by which anyone who IIi>os Reportt- the H re for thatpfriod becomes the mon Kench, Admiralty, and Ecclesiastical Irirfrvument and pays Practical Works, «c. ABSOLUTE OWNER OF THE PIANOFORTE. Pre THE SIDNEY SEED SOWEB Recently published viously to the introduction of this )>lmi it w;>s almost us ESS US. HOUGSON will SELL by difficult for those of limited income to buy a vrood Pianoforte FOR ALL SORTS AND AUCTION, at their Rooms, 115, t hancery-lane, W.C. as -jj BUY A HOUSE; and persons went, on year after SIZES OF VKUETAHI, (Fleet-streetM end), on THURSDAY, FEB. S, at One year, paying for the Hire of nu Instrument., Mid expended AND FLOWER SEEDS o'clock, VALUABLE LAW BOOKS, including the the Pianoforte portion of the as much money as would have bought 2s. (id. and 5s. each. Library of a Barrister, and thn remaining several times over. stock; of Mr. W. H. BOND, of Bell-yuru, comprising the will hold pood for By an inside fitting in th Year Books by Mayiiard, best edition, 7 vols., folio; Rufl- What wi 1 hold pood for Pianofortes and Blythe- HOUSES; and there are many who would no doubt A VAIL large size Sower, Grass See head's Statutes at Large, 45 vols.; Jarmiii OF THE OPPORTUNITY, if it w«s and Teas will pass freely. wood's Conveyancing, by Sweet and rtistott, u vols.; Peters- THEMSELVES Chitty on < ontinets, by afforded them, of becoming of dorff's Abridgment, 2>i vols.; To be obtained Russell; Hodges on Railways, by Smith : Cripps's Law of the THE OWNER OF A HOUSE Messrs. POLLARD, JEPH Church and Clergy; White and Tudor's Leading Cases in ; Smith's Leading Cases. 2 vols.; Addison on the owner of SON, and CO., bouth Equity, 2 vols. in the same way as they have already become wark. Torts, by Wolferstan; Ta.vlorou Evidence/- vois.; Whewell's their pianoforte. Grotius,:> vol.-'., and numerous other Works of Reference THE DIRECTORS Messrs. CARTER. DUN and Practice. The Reports in ttie Cour:s of Chancery, NETT, aud BEATES, H. Common Pleas, King's Bench, Queen's Hench, Nisi Prius, born. Exchequer, Bankruptcy, and other icurts; Ecclesiastical the New Law Kcpuits, BIE.KEECB: BUILDING SOCIETY Messrs. BUTTON and SON and Admiralty Cases. A set of Reading. &c., &c. The whole in excellent condition. HAVE DETERMINED TO AFFORD T'> be viewed and catalogues had. Seedsmen and Ironmongers in Town and Country THE SAME FACILITfES FOR PURCHASING Sold by UOU.SKS As now exist for Buying Pianofortes. HIRTS. FORD'S "Eureka," the inos and only perfect fitting shirt made. Cbserv A HOUSE beinir, however, a more expensiv article to Pur S unique Footpath and. Diugf'Stew Railway Stations, unit within Years' System " will Double stitched, six for 45-;.; list of prices. of the market towns of Moiimouth, Usk, and chase than a Pianoforte, the " Three with directions for self measure, pos easy distance not apply excepting in a very few cases: so tliat a MORE Illustrations LENGTHENED PERIOD IS NECESSARY over which free. i MATTHEW JONES will SUBMIT the the time of Hiring must extend. RICH-AJRJD FORJD ^XD CO., above to PUBLIC AUCTION, in Two Lots, at the In pursuance of this resolution BEAUFORT ARMS HOTEL, MONMOUi'H. on MON ss, POULTRY; E.G. DAY, FEBRUARY 12, 1^72, at Two for Three o'clock in the THE DIRECTORS HAVE MADE ARRANGEMENTS uftenioon precisely, subject to such conditions of Sale as LONDON. eitu.ite on a WITH BRANCH, SOS, OXFORD-STREET, will be then produced. The estate is beautifully gentle elevation, in one of the most picturesque part-* of the THE OWNERS O51 HOUSES county, and is well supplied with water. It wul bj offered in THE SANS-PLIS SHIRT. the following Lots: In various parts of London, and its Suburbs, by which they LOT 1. A FREEHOLD FARM, consisting of a com are enabled to afford to the fortable and commodious farmhou-e 111 tenantabie re REGISTERED Nov. 1818. pair, with agricultural buildings of a thoroughly sub- Members of the Birkbeck Building tantial character, including excellent stabiii.g, barn, Society Specially adapted to meet the wants :attle-shecls, cider-mill house, granaiies, wagon house and piggeries, and other outbuildings in good repair, AND OTHERS of and 1 oa. 2r. 2/lp. or thereabouts, of arable ami pas- which i< situate in the parish of A very wide CHOICE in the SELECTIONboth of HOUSES BARRISTERS, SOLICITORS ;ure laud. This Lot, The Plan upon Llangovan, lies within a ring fence, and is approached by and the locality in which they are situated. and waStr run through which the Directors propose to proceed is ;ood roads. Two brooks of uuver-faiiiug GENTLEMEN* OF SEDENTARY PURSUITS TO LET THESR HOUSES FOR A PERIOD OF LoW-FOUR PIECES or PARCELS of FIRST-RATE YEARS, productive Orch:,rd, containing by TWELVE-AND-A-HALF Combined with a Perfect Fit. MEADOW LAND with a Ease idtiieasurement 2:>it. nr. :i-tp. or thereabouts, situate in the At the end of which Time, if the Rent be Regularly Paid. a. mile i,f tin Raglan Footpath of Measure jjirish of Raglan, mid within THE HOUSE Patterns and Particulars Railway Sratioii. This property is bounded ou one side by ment free by post. xcclient trout stream. The land is of good quality, and Will become the absolute Property of tlie > a small outlay of capital its value would be greatly enhanced. Tenant AND The above Estate affords to capitalists either for occupa opportunity rarely to bi met with. WITHOUT FURTHER PAYMENT OF ANY KIND. tion or investment ail 51. CONDUIT-STREET, BOND-STREET. fhere is every facility for the enjoyment of Hunting, Fishing, IN ALL CASES md Shooti'.g, in the neighbour in>od. Immediate possession can be had, and a considerable por- POSSESSION OP THE HOUSE jon of tne purchase money may remain on uiongagi). GEORGE HOBSON, Further Particulars, and Haiis of the Estate, can be WILL BE GIVEN ibtauied upon application to iWr. WILLIAM POWELL, the WITHOUT ANY IMMEDIATE OUTLAY IN MONEY EXCELLENCE with ECOITOMY. iroprietor; Messrs. LAWRENCE :u.d GOODMAN*, Laud Sur- eyors, Newport; the AUCTIONEER, Agiiicourt-sciuare, Mou- Excepting Payment of the Law; Char-res for the Title restricted to ni.uth ; or to Deeds, which in all cases will be Mr. JOSEPH GIBBS, Sohcitor, Newport, Mon- Five Guineas. mouchshire. Office, Agiiicourt-square, Monmouth, BEYOND THIS SMALL SUM Dated, Auctioneer's r.n. ±i, 1S72.______OF ANY KIND NO PAYMENT CAPITALISTS. rio be SOLD, to pay SOCIETY TO IS REQUIRED BY THE J- 4 per cent, on the Rental, a Valuable FREEHOLD BEYOND THE STIPULATED RENT, WHICH MAY BE PAID EITHER MONTHLY OR QUARTERLY. THE RENT PAYABLE BY THE TENANT for Includes Ground Rent and Insurance .£18, the Whole Term. J7EEEHOLD GROUND KENT of [J arising out of two commanding well-built Houses Although the Number of years for payment of Rent is fixed invites the ith Shops, High-road, Sydenham, will be SOLD for £S*<0, a-half, pi EORGE H013SON respectfully " D.," £'J, at Twelve and his superfine WEST of eiug only twenty-one years' pu.chase. Apply V.7" attention of the puKic to Islington. A SHORTER PERIOD MAY BE CHOSEN AT AN ENGLAND WO APED BLACK and NAVY BLUE iolebrooxe-row, INCREASED RENTAL, CLOTHS for DRESS and FROCK COATS; also the New Twill Cloths for Mornin<-- Coiits. LONDON GAZETTE (published by authority) and CoatF, Black ...... £-2 2 0 ,ONDON and COUNTRY ADVERTISEMENT OFFICE A LONGER PERIOD AT A LOWER RENTAL. Do...... 2 12 0 No. 117. CHANCERY-LANE, FLEET-STREET. to iM)...... 8 S 0 The Terms of which may be ascertained on application 2 12 ENRY GEEEN (many years with the late the Manager. Do., Navy Blue ., T>o 8 :; Advertisement Agent, begs to direct i.> George Keynell) .» Hic attention of the Legal Profession to the advantages of his New Twill Cloths. •ng experience of nptcurijs oftiKenty-Jice yenrt, in the specia THE ADVANTAGES Frock Coats...... 2 18 0 leertioit of all pro forma notice*, dec., and hereby solicits Do...... :: S 0 leir continued support. N.B. One copy of advertisement OF THIS Do...... 8 iy C uly required, and the strictest cnr« und promiititudu assured. System of Purchasing a House, Frock Coats, Black ...... 8 S 0 fficially stamped forms for advertisements and file of New Do...... :> 18 0 'iidon Gazette kept, MAY DE SUMMED UP AS FOLLOWS : Do...... 440 310 o Clerks, Shopmen, and Do., Navy Blue ...... RIVATE INQUIRIES in Divorce, Libel, 1. Persons of Limited Income, ...... 3 IS 0 mav, by becoming Tenants of the BIRKBECK Do. Elect on, and all Cases requiring Detective Tact, and ethers, of Do...... 440 P BUILDING SOCIETY, be placed at once in a position New Twill Cloths. independence as regards their Landlord. Morning Coats ...... 226 2. Their RENT CANNOT BE RAISED. Do...... _...... 2 2 H Do...... 3 S 0 3. They CANNOT BE TURNED OUT OF POSSES- 5s., £(! Cs. Rent. Riding Habil s, £1 4s., £5 Responsible SIGN so long as they pay their Ladies' Riding Trouse.-s, Pantaloa de Chamois, £1 Is. ANTED, an Active and 4. NO FEES or FINES of any kind are chargeable. £1 5s., £110s. PARTNER to join in an old and good Job Master's W Busi-uet-s, of twenty years' 5. They can leave the House at any time without notice, Superior fit snd workmanfhip are the characteristics of and licensed Horse Dealers time of giving up possession. Illustrar ons of improved system of self- standing. None but responsible persons of capital need rent being payable only to the his establishments. FKEELAXD FILLITEK, House measui ement and sample paiterns sent per book post on apply. Applications to be sent to Mr. 6. If circumstances compel them to leave the HOUSON, W areham, Dorsetshire. of their Twelve and a half Years' :ipplicnti'*n. Excellence with economy. GEORGE Solicitor, before the completion 57. Lombard-street. Tenancy, they can Sub-let the House for the remainder of us. H fit-en t-ftrect. W., and -1 the Term, or they can Transfer their right to another EATH or INJURY from ACCIDENT, Tenant. with the consequent LOSS of TIME und MONEY, HOBSON'S NEW TROUSERS D PASSED GERS 7. Finally, NO LIABILITY or RESPONSIBILITY of and textures not provided for by a policy of the RAILWAY the Payment of Rent by thosa \JT for the present season, for patterns COMPANY, against ACCIDENTS of ALL any kind is incurred, beyond Riding trousers made to fit without the ASSURANCE acquire Houses by this New System. !o be surpassed. KINDS. An annual i aymeiit of '•'>/. to O/. ~>s. insures luutif. who aid of suspei.ders or straps. Price 16s. Excellence with per week for SOCIETY have on their Lombard- at death, or an allowance at the rate at C/. The BIRKBECK BUILDING - -ny. 14X, Regent-street, W., and No. 57. has been paid as compensation, one, out of List several HOUSES, which they are prepared to LET on injury. GiiO.uOO/. SYSTEM, and in street. every twelve Annual Policy Holders becoming n. claimant the TWELVE AND A HALF YEARS' apply to the Clerks at the Rail cases Immediate Possession may be obtained. each year For particulars many celebrated LIVERIES way Stations, to the Local Agents, or at the Offices, 04 , The Terms on which Houses can be placed on this pi EORGE HOBSON'S 10, Regent-street, London. to and servants. Excellence with economy. Cornhill, and Register may be obtained on application vJT please masters WILLIAM J. VIAN, Secretary. FRANCIS BAVENSCBOFT, Managw. 148, Regent-street. W., and 57, Lombard-street. THE LAW TIMES. [FEB. 3, 1872. mHE GENERAL MORTGAGE and _L SECURITIES INSURANCE COMPANY (Limited. Established tinder The Companies Acts. 1862 and 1807. (tantptg. of £5 each. ganlmtg £250,000, in 50,001) Shares Cflimtw Capital raft Deposit £l per Share on Application, 10s. on Allotment, and 10s. in six months, should any Call be necessary, no one (ESTABLISHED 1836.) would exceed 10s. per share, nor be payable without a pre vious notice of three months. If no Allotment the Deposil Subscribed Capital, £2,500,000, in 50,000 Shares of £50 each. Paid-up Capital, £1,000 000 will be returned in full. __ Hcserve Fund, £500,000. DIRECTORS. Directors. of BENJAMIN BULLOCK. Esq. (J.P. for the county ESQ. i JAMES MORLEY, ESQ. Northumberland), f>2, Queen's-gardens, Hyde-park, W. NATHANIEL ALEXANDER, ESQ. ' FREDERICK FRANCIS, ESQ. i FREDERICK HARRISON, ESQ. WILLIAM NICOLL, ESQ. and St. Leonard's, Spital-hill, Morpeth (Chairman). THOS. TYRINGHAM BERNARD, ESQ. Charles Frederick Collier, Esq., 7, Serjeant's-inn, Fleet- PHILIP PATTON BLYTH, ESQ. WILLIAM CHAMPION JONES, ESQ. ABRAHAM HODGS'ON PHILLPOTTS, street, W.C. STOCK COWIE, ESQ. ' EDWD HARBORD LUSHINGTON ESQ. FREDERICK YOULE, ESQ. Ledbury-road, Bays- TIJOMAS Michael Parnther Currie,. Esq., 18, CHAMPION JONES, ESQ. water. Trustees— F. P. BLYTH, ESQ., F. HARRISON, ESQ., and W. Esq. (Messrs. Perreaux and Co.), JARBINE, ESQ., WILLIAM NOBMAN, ESQ., mid RICHARD II. SWAIWE, ESQ. Henry Hughes Hallett, Auditors— WILLIAM ESQ. a, Jeaffrey's-square, St. Mary Axe. E.G. General Manager— WILLIAM MCKEWAN, ESQ. Chief Inxpeclor—W . J. NORFOLK, Major-General Charles Edward Hill, R.E., 9, Arundel- of Branches— H. J. LEMON, ESQ., and C. SHEERING, ESQ. Chief Accountant JAMES GKAY/ESQ. gardens. Kensington-park, W. Inspectors Rapier, Solicitors Messrs. STEVENS, WILKINSON. and HARRIES. Richard Christopher Rapier, Esq. (Messrs. Ransome. F. CLAPPISON, ESQ. and Co.l, 5, Westminster-chambers, S.W., and Ipswich. Secretory Bedford- HEAD OFFICE 21, LOMBARD-STREET. William Henry Simpson, Esq., 50, Gower-street, ESQ. square, W.C. Manager— WHITBREAD TOMSOST, ESQ. Assistant-Manager WILLIAM HOWARD, P. Stewart, Esq., 3, Plowden-buildings, Middle Temple, held on THURSDAY, W.C. A T the ANNUAL GENERAL MEETING of the PROPRIETORS, (With power to add to their Number.) 1872, at the City Terminus Hotel, Cannon Street Station, the following REPORT for the TV- the 1st FEB. Esa . in Half lYear ending the 31st Dec. 1871, was read by the Secretary. WILLIAM CHAMPION JONES. The National Provincial Bank of England, Bishopsgatc- Chai". the ending the street, E.G., and Branches. The Directors, in submitting to the Proprietors the Balance Sheet of the Bank for the Half-year STAXDISO COUNSEL. have the satisfaction to Report that after paying Interest to Customers and all charges, 31st December last, £98 098 5s. lid. Arthur P. Whately, Esq., 8. Stono-buildingj, Lincoln's- allowing for Rebate and making provision for Bad and Doubtful Debts, the net profits amount to inn, W.C. 17s. 4d. brought from the last account, produces a total of £102,548 3s. 3d. This sum, added to £4449 per cent.. SOLICITOUS. The visual dividend of f> per cent, for the half year is recommended, together with a bonus' of 3$ Messrs. Wordsworth, Blake, Harris, and Parson, South tax, which will ahsorh £95,000, and leave £7518 3s. 3d.. to be carried forward to profit and Threadneedle-street, E.G. othfreeof income Sea House, oss new account, 'ihe present dividend and bonus added to the June payment will make percent for the BROKER. year 1871. Francis Burnand, Esq., 1:! and II, Cornhill. to announce the retirement of their esteemed colleague, Lord Alfred Hervey, in The directors have Hodgson AUDITORS. consequence of his acceptance of the office of Receiver- General of Inland Revenue. Abraham Messrs. Johnatone, Cooper, Wintle, and Evans, 3, Colcman- elected a director in his stead, in accordance with the provisions of the deed of street-buildings, E.G. Phillpotts, Esq., has been settlement. SURVEYORS. retiring hy rotation are: Philip Patton Blyth, Esq., James Morley, Esq., and Abraham and Co., 02, Old Broad- The directors Messrs. Norton, Trist, Watney, Hodgsou Phillpotts, Esq., who, being eligible, ofl'er themselves for re-election. street, E.G.; tax, will he payahle at the head office or Surrey Chambers, 172, Strand. The dividend and bonus, together, £1 18s. per share, free of income Messrs. Toppin and Mason, 12th inst. SECRETARY. at any of the branches on or after Monday, the 1871 Henry Nottingham, Esq. BALANCE SHEET OF THE LONDON AND COUNTY BANKING COMPANY, DEC. 31, TEMPORARY OFFICES. £ s. d. CR. £ s. A. South Sea House, Threadneedle-street, E.G. DR. To Capital pnid up ...... 1,000,000 0 0 By cash on hand at head ABRIDGED PROSPECTUS. To Reserve Fund ...... 500,000 0 0 office and branches, This Company is established for insuring to mortgagees To amount due by the aud with Bank of and others the due payment of their principal or interest, or Bank 'for Customers' England ...... £2,241,062 6 3 both, in consideration of a moderate premium, thereby giving Balances, &c...... £16,116,730 5 9 Cash plnced at call and a perfect security against loss in the event of the mortgaged by charged To Liabilities on Accep at notice, covered property not realising upon sale the amount securities...... 2,807,57110 8 tances covered by Se 17 thereon. loans sought ...... 2,778,016 6 7 - £5,048,633 For enabling borrowers'tnore readily to obtain curities 12 4 and give to mortgagees a better security. 18,S9i,746 Investments, viz : For affording to trustees, executors, guardian1:, and solici To profit and loss bal Government aud gua tors (without interfering betwixt solicitor nnd client), relief ranteed stocks ...... £1,379,989 9 3 encrusted ance brought from from responsibility, as to the investment of funds last account...... 4,44917 4 Other stocks and secur to their care. gross profit for the ities ...... 124,815 0 4 For providing security for payment of annuities. To £1,504,834 9 For increasing the value and usefulness of mortgage secu Lalf-ypar. aftermakiug rities, by rendering them readily convertible. T revision for bad and Discounted hills and ad For protection against fraud and misappropriation. doubtful debts, viz. ... 283,231 19 10 vances to customers The annual value of property iu England and Wales hems 287,081 17 in town and country £10,911,853 5 6 £1 l:5,022.2")(i, representing a capital sum of £2,872,U:>,I20, and Liabilities of customers the number of houses 4,741,979, representing a marketable property for drafts accepted by value of £l,or>7.f.2'i.27:i, and it beinii estimated thnt (as per exceeding in value £957,-lS1.7uo, exclusive of life interests, the bauk as contra)...... 2,778,016 6 7 reversion?, &c., is constantly in the market, available 13,71D,SC9 12 mortgage securities the Held of operations is so threat that if only one hundredth part is brought to this office, at a mode Freehold Premises in Lombard-street rate premium, an ample reserve fund would be provided, and Nicholas-lane, freehold aud lease and .1 dividend s-cured to the shareholders on the paid-up with 20 hold property at the Branches, capital, which, it is believed, in a few years would exceed fixtures aud fittings...... 248,517 17 per cent...... 52,647 9 Copies of the Memorandum and Articles of Association Interest paid to customers may be seen at the offices of the Solicitors; and Prospectuses Salaries and all other expenses at head and Forms of Application for Shares may be obtained at the office and branches, including income- offices of the Company and of the Broker.______tax on profits and salaries...... 107,925 4 ANNUITIES AND REVERSIONS. £20,882,428 AW REVERSIONAEY INTEREST SOCIETY, PROFIT AND LOSS ACCOUNT. L 68. CHANCERY-LANE, LONDON. s. d. CHAIRMAN. Sir W. J. Alexander, Bart., O r. DR. £ s. d. CE. £ DEPUTY-CHAIRMAN. Alfred H. Shadwell, Es i. To interest paid to customers, as above 52,647 By balance brought forward from last Reversions and Life Interests purchased. Inmn di ue »nd 107,925 account...... 4,44917 4 for Reversionary Expenses...... Deferred Annuities granted in exchange Rebate on bills not due, carried to new Gross profit for the half-year after and Contingent Interests. for bad and of Reversions. account...... 24,561 0 9 making provision Loans may also be obtained on the security doubtful debts ...... £233,231 19 10 Annuities, Immediate, Deferred, and Contingent, and also Dividend of 6 per cent, for half-year...... 60,000 0 0 Endowments, granted on favourable terms. Bonus of 3^ per cent...... 3.5.0IK) 0 0 Prospectuses and Forms of Proposal, and all further infor Balance carried forward...... 7,548 3 3 mation, may be had at the office. (HABITS <=»< £287,681 17 2 he correct. M^ERIAL FIEE~~INSUEANCE We, the undersigned, have examined the foregoing Balance Sheet, and have found the same to COMPANY. (Signed) Wii. JARIHNE, ~) Established isns. WILLIAM NORMAN, > Auditors. 1, Old Broad-street, E.G., ond 1(1 and 17, Pall-mall. PLICHAED H. SWAISE. J Capital, £1.1)00.000. Paid-up and Invested. £7IK).000. London and County Bank, Jan. 25, 1872. LIFE and AW UNION FIRE AND The foregoing Report having been read by the Secretary, the following Resolutions were proposed INSURANCE COMPANY. unanimously adopted : LChief Office. 128, CHANCERY-LANE, LONDON, W.C. be received and adopted, and printed for the use of the Shareholders. 1. That the Report he de Capital. ONE MILLION STERLING. 2. That a dividend of 6 per Cent., together with a Bonus of 3^ per Cent., both free of Income Tax, Fully subscribed by upwards of 450 Shareholders, nearly all clared for the Half-year, ending the Slsfc Dec. 1871, payable on and after Monday, the 12th instant, of whom are members of the Legal Profession. and that the balance of £7548 3s. 3d. be carried forward to profit aarl loss new account. CHAIRMAN. Sir William Foster, Bart., Norwich. James Morley, and Abraham Hodgson Phillpotts, Esquires, he re-elected Cuddon, Esq., Barrister-at-Law 3. That Philip Patton Blyth, DEPUTY-CHAIRMAN. James directors of this company. G-oldsmith's-building, Temple. to the Board of Directors for the able manner in which they The Capital Subscribed and Funds in hand amount to 4. That the thanks of this meeting be given upwards of 1,330,0(W., affording unquestionable security. have conducted the affairs of the company. The Directors invite attention to the new form of Life 5. That William Jardine, William Norman, and Richard Hinds Swaine, Esquires, be elected auditors Policy, which is free from all conditions. for the current year, and that the thanks of this meeting be presented to them for their services The Company ADVANCES Money on Mortgage of Life absolute or contingent. during the past year. of Interests and Reversions, whether 6. That the thanks of this meeting be presented to the general manager, and to all the other officers Prospectuses, copies of the Directors' Report, and Annual their respective duties. free on appli the bank, for the zeal and ability with which they have discharged Balance Sheet, and every information sent post (Signed) W. CHAMPION JONES, Chairman. cation to Actuary and Secretary^ quitted the chair, it was resolved, and carried unanimously ______VRANK M'G-EDY. The chairman having for his 7. That the cordial thanks of this meeting be presented to William Champion Jones, Esquire, AW PROPERTY and LIFE ASSURANCE able and courteous conduct in the chair. SOCIETY, 30, Essex-street, Strand, London. (Signed) WILLIAM NICOL, Deputy-Chairman. L CAPITAL, £250,000. Extracted from the Minutes. DIRECTORS. (Signed) F. CLAPPISOST, Secretary. Ralph T. Brockman, Esq., Folkestone. Edward W. Cox, Serjeant-at-Law, 36, Russell-square. Geo. Fred. Fox, Esq., Bristol. BANKING COMPANY. NOTICE IS HEREBY GIVEN that a E. E. P. Kelsey, Esq., The Close, Salisbury. ONDON and COUNTY John Mead, Esq., 2. King's-bench-walk, Temple. H. Paull, Esq., M.P.,:«, Devonshire-place. MKDICAL ADVISER. Henry Thompson, M.B., F.R.C.S., 85, Wimpole-street. By order of the board, CONSULTING ACTUARY F. G. P. Neisou, Esq., F.S.S. Febuary 2nd, 1872. W. McKEWAN, General Manager. SECRETARY Edward S. Barnes. Esq. 21, Lombard-street, of Middlesex. Saturday, February S, 1872. Fruited aud published by HORACE Cox. as 10, Wellington-street. Strand. London, W.C., ia the County