performing the obligations of the Act of 1860 cannot justify creating a nuisance by setting up incapacity to make or supply gas without so doing. Held, also, that, even if the company were at liberty to justify themselves, the burden of proof rested on them both by the ordinary law and by the Act of 1860, sect. 52, and that they had failed to discharge that burden by their evidence: (Attorney-General v. Gas Light and Coke Company, 37 L. T. Rep. N. S. 746. Fry, J.)

LAW SOCIETIES.

SOLICITORS' BENEVOLENT ASSOCIATION. THE usual monthly meeting of the board of directors of this association was held at the Law Institution, Chancery-lane, London, on Wednesday last., Feb. 13, the following being present: Mr. Edwin Hedger (in the chair), Messrs. Asker (Norwich), Brook, Gregory, M.P., Hunter, Keen, Lake, Price, Rickman, Smith, Williamson, and Mr. Eiffe (secretary), A sum of £205 was distributed in grants of relief. Sixteen new members were

transacted.

LEGAL NEWS.

the full number from being employed." And he considers it an unfortunate matter that the num. ber of judges should have been reduced just at the time when the influx of business was pouring in. He administers a well-deserved reprimand to those who think that the judges having nothing to do but to try causes at Nisi Prius in London and Middlesex, by enumerating some of the numerous calls which are made on the courts, and on individual judges, quite independently of the jurisdiction to be exercised in the matter of actions-at-law in Middlesex and London. Among these are the circuits, matters herein having been rather made more complicated by the institution of autumn and winter assizes; the attendance of two judges for two or three days every month at the Central Criminal Court; their sitting as judges of the Reserved, occasionally demanding, as in the Court for the Consideration of Crown Cases Franconia case, the attendance of all the judges for many days. election petitions to three judges also should be The transfer of the trial of considered. All these are duties which the judges are called upon to discharge dehors the Divisional Courts. But it would be a great mistake to supadmitted to the association, and other business pose that, even in their proper courts, their functions are confined to the administration of justice in civil actions. With all this work to do it is simply impossible with the present number of the judges to have six judges available for holding the six courts at Nisi Prius, which it is desirable to have at work to keep down the Nisi Prius arrears. The judges have always aimed at this, but the difficulties for the reasons set forth are very great, and, of course, the difficulty must be greatly increased if there are to be contemporaneous sittings at Guildhall and Westminster. We have alreadyalluded to the fact that occasionally when there are judges free to sit there has been no place for them to sit in. It was bad enough even while, through the courtesy of the magistrates, they were allowed the use of the Westminster Sessions House; but now even that is gone, since the Sessions House at Clerkenwell is under repair. It is true the Government some time ago offered a couple of rooms in a house at Richmond terrace, which the judges, however, for reasons which the Chief Judges need hardly have seriously enumerated, were compelled to decline. "Observations were made with reference to it (i.e., to their declining to use them) in Parliament, which the judges could not but feel to be offensive and unjust," and it was only natural) that they should have felt aggrieved and hurt at their motives in doing so having been questioned or made the subject of ridicule. The letter further states that the business in banco was most satisfactorily disposed of. On the 12th Jan. the Lord Chief Justice addressed a second letter to the Chancellor, at which time there were standing for trial 736 cases. In the midst of this six of the judges were despatched on Circuit, and this and the daily attendance of one judge at Chambers left only eight to do all the work both in banco and at Nisi Prius.

J. O. GRIFFITS, Esq., Q.C., has been made a
bencher of the Middle Temple.

THE RIGHT OF A BAILEE FOR HIRE TO SUE
IN TRESPASS.-The New Zealand Jurist, in com-

JUDICIAL ARREARS. - An important Parliamentary paper was issued on Friday last week, containing copy correspondence between the Lord Chancellor and the Lord Chief Justice of England respecting Nisi Prins arrears. The Lord Chancellor, on the 8th Nov. last, in a letter, called the attention of the Lord Chief Justice to the very large number of cases entered for trial in the Nisi Prius lists for London and Middlesex; and, while making allowance for the numerous demands upon the time of the judges, expressed a hope that it might be found possible in the present emergency, and even at the risk of disarranging some of the other sittings, to make a strenuous effort to reduce the Nisi Prius arrears. But before the receipt of this letter the judges themselves had met to consider whether any measures could be adopted to reduce the arrears, and had resolved, as far as was practicable, to make the other business of the courts subordinate for the moment to that of Nisi Prius, and arrangements had already been made with that view. The Lord Chief Justice did not reply to the letter until the 10th Dec., having waited until the result of the preceding Middlesex Sittings should have been ascertained; and from an official statement which Sir Alexander Cockburn refers to we glean the following facts: At the commencement of the November Sittings there was an arrear of 862 causes. During the Sittings there were tried or otherwise disposed of 396, which was considered to be so satisfactory, considering the shortness of time, as to warrant, at first sight, a reasonable expectation of speedily overtaking the current entry of causes. But, notwithstanding the reduction, the list of causes for trial on the 10th Dec. stood at 625, which would probably, the Lord Chief Justice thought, be increased by 100 more of new entries before the commencement of the January Sittings. In menting upon a decision recently made in that fact, however, the new entries during that time country on the above question, says: The right did not exceed 86. In November further efforts of a bailee for hire to sue for the full value of an were made by the judges to cope with the evil by injury done to the chattel is affirmed in Mangan, holding contemporaneous sittings at Guildhall appellant, v. Cor, respondent; but leave to appeal was granted on the ground that there is no to as an experiment and a temporary expedient modern decision expressly in point. The absence only. In endeavouring to solve the problem how that the question at issue has never been thought of authorities is generally considered a proof the arrears could be kept down, it became necessary to inquire how they had arisen. The Lord open to argument; and that appears to be the Chief Justice endeavoured to obtain statistics case in the present instance. The right to sue in which would have helped him to answer this in-trover is not questioned; the right to sue in tresquiry; but, owing to the issuing of writs in country districts, difficulties were experienced. Still, it is satisfactory to learn, on the opinion of the officers connected with the Nisi Prius Courts, that while there had been a considerable increase of actions up to two years ago, there has been rather a diminution since. It is purely a matter of speculation whether any further change will occur in this respect. The experience of the Chief Justice enables him to say that exceptional periods of prosperity, by the stimulus they give to commercial activity, and corresponding periods of depression from the failure in the fulfilment of pecuniary and commercial obligations, bave a tendency to occasion fluctuations in the amount of legal business. His own persuasion is, that it would be unwise to reckon on any material diminution in the amount of business to be transacted in the courts. Of greater importance still, however, is this opinion of the Lord Chief Justice. "I attribute," he says, "the accumulation of arrears to the increase in the number of actions and causes to be tried beyond what it used to be, to the inadequacy of the judicial strength to deal with them, and in some degree to the want of a sufficient number of courts, which occasionally when there are judges free to sit at Nisi Prius, prevents

and Westminster. This, we are told, was resorted

of the City of London, we notice the name of Mr. W. T. Charley, D.C.L., M.P. The learned gentle man has done more probably than any other member of the Bar to remove by legislation action the grievances of which solicitors have had from time to time cause to complain, and we hope that the sixteen or seventeen members of the Court of Common Council who are solicitors of the Supreme Court will give him their support.

THE SPRING CIRCUITS.-The judges have ar ranged for the circuits as follows: South-Eastern, the Lord Chief Justice of England and Mr. Jas tice Manisty; North-Eastern, Barou Pollock and Mr. Justice Hawkins; Western, Lord Chief Baron Kelly and Mr. Justice Grove; Midland, Lord Justice Bramwell and Baron Cleasby; Northern, Lord Justice Brett and Mr. Justice Lopes, Or Denman; North-Wales, Mr. Justice Mellor; ford, Lord Justice Baggallay and Mr. Justice South-Wales, Mr. Justice Lush. Judges will take the Spring Assizes at Kingston. Justice Coleridge and one of the Election Petition The three Election Petition Judges, Mr. Justice Field, Mr. Justice Lindley, and Baron Huddleston will, during the circuits, attend the sittings, the Central Criminal Sessions, and the Judges' Chambers.

Lord Chief

END OF THE HOME CIRCUIT.-At meetings of members of the old Home Circuit and the present South-Eastern Circuit, held at the Inner Temple Lecture Hall, Mr. F. M. White, QC., in the chair, it was resolved, in spite of some opposition, that there should in future be no Bar mess in

Surrey, and that the wine and money in Surrey
belonging to the old Home Circuit should be
handed over and accepted by the South-Eastern
ground that it was partly carried at the first
Circuit. The resolution was challenged on the
meeting, that of the Home Circuit, by the voice
of a barrister or barristers who were members of
The objection was, however, overruled.
the South-Eastern Circuit, but not of the Home.

A RETURN has been issued showing the number of the days on which the judges sat in the year ending 1st July last. The President of the Malins, V.C., 200, and the Master of the Rolls 179. Divorce Court sat 167 times, Bacon, V.C. 204, These sittings do not include any in Chambers. The Master of the Rolls and Bacon, V.C., sat in Chambers twice every week, and the Vice-Chancellors Malins and Hall three times every week (except in vacation) at the rising of their courts. Exchequer, and Common Pleas Divisions sat in On about 270 days, judges at the Queen's Bench, Chambers, and on about forty of these days, two judges sat. This would represent about 310 sittings to be taken up by the twelve puisne judges. The judges of the Probate, Divorce, and Admiralty Division sat in Chambers as required before the sitting of the court.

THE LATE MR. TIMPRON MARTIN.-The legal profession in Liverpool has lost one of its most respected and able members in the death of Mr. Timpron Martin, which event occurred the 12th Feb., at his residence, Hesketh-street, Southport. Mr. Martin started in life with no worldly advantages except those of a clear head, wise judgment, and indomitable industry. He entered the service of Messrs. Neal, solicitors, of Liverpool, as a boy, and, by his ability and energy, became a qualified practitioner, and was ultimately admitted a partner in the firm, then known as Neal and Martin. More recently he was associated with his brother Thomas, under the style of T. and T. Martin, but for several years he was unable, through failing bealth, to devote that formerly his habit, and which was indeed his severe attention to his profession which was deserved, a high character for probity and conchief pleasure in life. Mr. Martin enjoyed, as he scientiousness; he was most scrupulous in his that the wrong doer would still be liable to the self with the interests of his clients in a manner pass, or on the case, is questioned on the ground professional dealings, and always identitied himbailor. The learned judge says: "I cannot see that explains the confidence with which he was any reason, nor have I been able to find any regarded. Probably no man in Liverpool posauthority, why the same rule should not at the sessed a more thorough knowledge of commercial tions for trespass, as in actions of trover." There clear and sagacious judgment. His services present day apply to actions in the nature of aclaw than Mr. Martin, or was endowed with a more is authority enough to show that the same rule were in constant request in the settlement of disdoes apply. The right to sue in trespass in these pates between professional brethren and in defincases is treated in the authorities as undoubted. ing the etiquette of the Profession, of which he "The master of a fly-boat, who is hired by a canal took a high view. He was for many years one of company at weekly wages, may maintain trespass the leading members of the Incorporated Law it was being towed along, although the vessel and successively of honorary secretary and president, for cutting a rope fastened to the vessel, whereby Society of Liverpool, of which he held the offices (Moore v. Kobinson, 2 B. & Ad. 817.) the rope was the property of the company :' and in connection with which he founded valuable the right to maintain trespass is clear, the and lucrative practice, and the close attention he scholarships for students. He enjoyed a large right to maintain an action on the case, as in Mangan v. Cox, seems to follow as a matter of devoted to it no doubt impaired his health and shortened his days. In manner the stranger the fact that judgment in trover vests the pro-reality he was the reverse, his almost stern course. The distinction sought to be founded on would infer that he was austere and hard, but in perty in the defendant, is not supported by any demeanour being only outward semblance. He authority. was genial and cordial, and though he mixed little with the world he was beloved by all who knew him. THE RECORDER OF LONDON AND THE COMMON SERJEANT.-Mr. Bushby, the metropolitan

And if

THE COMMON SERJEANTSHIP OF THE CITY
OF LONDON.
Among the candidates for the
office of Common Serjeant, in the event of the
election of Sir Thomas Chambers to be Recorder

police magistrate, has announced his intention of
becoming a candidate for the important post of
Common Serjeant, in the event of Sir Thomas
Chambers being promoted to the Recordership.
Mr. Bushby has been for many years a member of
the Court of Lieutenancy of the City of London.
Sir James Stephens, Q.C., late legal member of
the Council of the Viceroy of India, has also come
forward as a candidate for the vacant Recorder-
ship, as also has Mr. Serjeant Pulling, the author
of the Treatise on "The Laws and Customs of
London."
THE Lord Chancellor will preside at the annual
meeting of the Barrister's Benevolent Association
to be held in Middle Temple Hall, on Wednesday,
the 20th inst., at half-past four o'clock.

CORRESPONDENCE OF THE

PROFESSION.

NOTE.-This Department of the LAW TIMES being open to free discussion on all professional topics, the Editors do not hold themselves responsible for any opinions or statements contained in it.

1867.

DEAN and TAYLOR.

ing them of the day and time appointed. The CORRECTION.-In your issue of to-day's date
wasted time of the judges in journeying to and we find it stated under the heading "Appoint-
from their respective appointments to small courts ments under the Joint Stock Winding-up Acts,"
is serious; Sir R. Harington, in his pamphlet that a petition for winding-up the Neath and
upon "The existing system of County Courts," Brecon Railway Company is appointed to be
Appendix B, shows this very clearly. During the heard before the Vice-Chancellor Malins on the
year 1874 he was occupied in holding courts, travel- 22nd instant. You are altogether in error in this
ling and waiting, 1381 hours and 55 minutes; of this announcement, and as it is calculated seriously to
876 hours and 30 minutes were occupied in travel-injure our clients (the company), we must request
ling or waiting, so that the time occupied in holding that you will at once rectify the error. The peti-
his courts was only 505 hours and 25 minutes. He tion to be heard before the Vice-Chancellor on the
had twenty-eight appointments at places at which 22nd inst. is one for confirmation of a scheme of
he was not required to sit longer than one hour. arrangement under the Railway Companies Act
The total time he was occupied in travelling, &c.,
and holding his courts at these places was 250
hours and 5 minutes; and of this only 17 hours
and 25 minutes was occupied in holding courts, the
rest, 232 hours and 40 minutes, was spent in travel-
ling or waiting. Twice he started at 5.40 a.m,
and was only engaged five minutes on each occa-
sion at the court, and 24 hours and a half were lost
in travelling, &c. On another occasion he started
at 7.40 a.m., was engaged in court five minutes, and
got home again at 4.40. And on another occasion
he started at 6.20 a.m., was engaged in court for a
similar period, and arrived home again at 6.20
p.m. No doubt many of the judges have similar
journeys with like results. These are facts which
speak plainly that the time of judges should be
economised as much as possible, with a view to the
higher class of work. The convenience of counsel
and solicitors would, by the above plan, be greatly
consulted. It is a common thing for them to be
waiting with their witnesses in court for days
while petty shop cases are being tried. I submit
these suggestions to those who may be interested
in them, with the remark that the existing
machinery of the County Courts would be left
intact, while a great difficulty would be met and
removed, and a boon secured to the suitors them-
selves; and last, though not least, the difficulty as
to the registrar being compelled to cease practis-
ing as a solicitor, and the question of compensa-
tion it would give rise to, is considerably ob-

viated.

4th Feb. 1878.

SUTOR INTRA CREPIDAM.

COUNTY COURT JURISDICTION.-It is rumoured that a Bill is to be introduced this session extending the ordinary jurisdiction of County Courts to £100, and the Chancery jurisdiction to £2000. In my opinion this will not to any appreciable extent relieve, on the one hand, the present pressure felt in London; zor on the other hand the great need felt in the country for a more speedy and inexpensive mode for the disposal of contentious business. In addition to the proposed extended jurisdiction, or, in lieu of it, I would suggest the passing of a short Bill giving power to carry out the following arrangement: I. In reference to actions commenced in the High Court, whether in the Common Law or Chancery Divisions: (a) That on an application by either party to a judge at chambers, he shall have the power to remit, or send for trial, whichever he may determine, any action irrespective of amount. (b) That a plaintiff in his statement of claim, or if he does not do so, a defendant in his statement of defence, may propose to have the action tried by the judge of a County Court to be therein named. That the opposite party, if he STAMP DUTY-CLARKE AND ROCHE (37 L. T.Rep. object, may apply at chambers to have the proN. S. 633)—SECTS. 16 & 17 of STAMP ACT 1870. posal struck out, and if he does not so apply within a stated time, he shall be deemed to have-Having been reading this case, a note of which consented. (c) Order XX. of the County Court rules might apply to actions sent to the County Court in the above manner. II. In reference to actions commenced in the County Court. If the above suggestions are acted upon, the duties of County Court judges would, no doubt, be considerably increased, and it would be necessary that they should be relieved of the smaller cases, and their time economised as much as possible. (a) As to the mode of relieving the judge: Registrars of courts having bankruptcy jurisdiction (there are 124 courts with bankruptcy jurisdiction, and of these sixty are district registries) might have power to try actions of contract up to say £10 or £20, and of tort to £5 or £10 as might be thought desirable. These registrars now act in a judicial capacity in bankruptcy and in judicature matters, in which questions are raised involving thousands of pounds. Surely, then, they may be entrusted with jurisdiction in matters of much smaller import and value. In order to guard against what has been repeatedly advanced as a reason against their having jurisdiction to try cases-viz., their position as local solicitors, and consequently their liability to favour their own clients-the plaintiff, on entering the action, might have the option to state on his particulars of claim that he proposes the action should be tried before the judge. If he does not do this, the defendant, if he object to the registrar trying the case, might have the option of giving written notice to that effect to the registrar within a stated time, whereupon the action to be put down for hearing before the judge. In small cases finality of deci sion is imperative, therefore no appeal should be allowed from a registrar, except by his leave, seeing that the parties, by the plan above proposed, virtually select him as their arbitrator. (b) As to economising the time of the judge: In courts where the plaints entered do not exceed 1000 per year a notice might be indorsed on the summons requiring defendants to give say five clear days' notice in writing to the registrar of the court of their intention to defend the action, upon receipt of which the registrar to give notice to both parties (plaintiff and defendant) that the case would not come on for hearing at the time mentioned in the All the undefended cases could be disposed of, as at present, by the registrar; and the judge left to fix a day (as soon as convenient to him) for the trial of the defended cases. If the defended list should consist of one or two cases of petty disputes only, they could stand over until it be seen what defended cases result from the entry for the subsequent court. Notice of trial to be sent to both parties, inform.

plaint note and summons.

you gave in your impression of Feb. 2nd (page
250), I would offer a few words of comment
thereon. First, Mr. A. Brown, who appeared for
the plaintiff, seems, from the report before me, to
have stumbled on one point (but which did not
affect his case) wherein he said: "This deed
comes under sect. 4, which enacts: Any instru-
ment which by any Act heretofore passed, and not
relating to stamp duties, is specifically charged
with the duty of 35s., shall from and after the
commencement of this Act be chargeable only
with the duty of 10s. in lieu of the said duty of
358.'" This sect. 4 did not, I submit, apply to
the deed in Clarke v. Roche, but (to give instances)
a vesting order under the Land Transfer Act, or
to articles of association under the Companies
Acts, these instruments under the said respective
Acts (which are Acts not relating to stamp duties)
being chargeable with 358. duty, and sect. 4 of
the Stamp Act 1870 reduces this duty to 10s. The
deed in Clarke v. Roche was chargeable under the
Stamp Acts in operation at the date of its exe-
cution to the "deed " duty (then 35.) as a deed.
Bat the principal point I wish to remark upon
is this. The report before me of the case is
silent as to whether (when the case was before
either the County Court or the Court of Appeal)
the provisions of sect. 16 of the Stamp Act were
borne in mind, the inference drawn from the
report being that it (sect. 16) was ignored,
and so the case lost upon technical grounds.
Sect. 16 (in two divisions) is too long to
quote here, but in substance is this that
when the court finds an instrument cannot be
received in evidence for want of duty, and it
be one (as Clarke v. Roche was) that may be
legally stamped after execution, the officer of the
court is to receive the amount of the duty and
penalty, and an extra penalty of £1, and then
the instrument is to be received in evidence,
"saving all just exceptions on other grounds.'
The question here raised therefore is, did sect. 16
apply to the deed in Clarke v. Roche, and if it
did, did the defendants avail themselves of it?
My belief is, that this proper and valuable pro-
vision of the Stamp Act 1870 (re-enacted from the
Common Law Procedure Act 1854) is occasionally
overlooked, and to the serious injury of suitors
whose cases are good upon merits. The moral
elements in Clarke v. Roche-the filling in in the
deed a fictitious date, and stamping the deed
accordingly-might warrant some further remarks
in association with recent cases of criminal mis-
conduct with respect to deeds, but these shall be
reserved for another occasion.

OBSERVER.

THE PRESTON LAW SOCIETY AND MR. ELWORTHY'S SOLICITORS' DISABILITIES BILL.-I have seen a full report in a local newspaper of the criminal proceedings lately reported by you in a short paragraph. I understand that something like 1600 country solicitors have each paid 10s. to Mr. Elworthy, a solicitor, in connection with the above Bill. In Dorchester I believe every solicitor made a payment of 108. to Mr. Elworthy. Subscribers would like to know what has been done with the money, and what are the provisions of the Bill, and what member of Parliament has charge of it. Can you furnish the Profession with any satisfactory information? A COUNTRY SOLICITOR.

[No, we cannot.-ED.]

ABOLITON OF ACTIONS FOR BREACH OF PROMISE OF MARRIAGE. With reference to the proposed Bill of Mr. Herschell for the Abolition of Breach of Promise of Marriage, it seems to me that they should be abolished in their present form, but not as provided by the proposed Bill, in toto; and I would suggest, as a suitable provision, something of the following in lieu of what Mr. "That no action shall be Herschell proposes. brought whereby to charge any person upon or for the breach of any promise of marriage made by him, unless such promise shall be in writing, and signed by the party to be charged therewith, in the presence of two or more credible witnesses." It appears to me that this would meet the case, and act as a useful deterrent to those who are so ready to make rash and foolish promises which, in their sober moments, they never intend to fulfil. In addition, there would be time for reflection and deliberation before a person committed himself by signing such a promise; and I think that, were this done, there would be few, if any, actions for breach of promise of marriage, as persons would not be likely to commit themselves to paper in the manner I have suggested, unless they were fully prepared and intended carrying out their promises. My apology for troubling you with this letter is your article in your issue of the 9th inst. FRANK P. SUTTHERY.

7, Trinity-street, Southwark.

STAMP DUTIES.-The letter of your correspondent "N. F. H.." bears a similarity to the saving of the raven in the poem, which to the subject "Little meaning, little relevancy bore;" but as an indication of industry it is very effective. A general view of the whole stamp duties is not my object, even if I were competent to the task; I therefore confine myself to the part of the subject of which I know something, and in the practical working of which I have had much experience, with the result of convincing duties. As regards the reform I advocate, I have me of the injustice and hardship of the present not an atom of doubt that the principle is one of justice; but, as to its embodiment in the table indicate some point or other had been overlooked, of duties I framed, I quite expected criticism to or amendments. and to suggest corrections None, however, has appeared. I must now part from your correspondent, content, like him, to leave the respective logic of him and myself to your readers.

GEORGE T. SMITH.

NOTES AND QUERIES.

None are inserted unless the name and address of the writer are seat, not necessarily for publication, but as a guarantee for bona fides.

Queries.

under a written lease from year to year (executed previously to the passing of the Agricultural Holdings (England) Act 1875), which provides that the same may be determined by six calendar months' notice from either party previous to the time of entry in any year. No notice excluding the provisions of the Agricultural

65. AGRICULTURAL HOLDINGS ACT.-A tenant holds

Holdings Act was given by either party. In 1877 the

landlord gives the usual six months' notice to quit; the tenant contends he is entitled, under sect. 51, to twelve months' notice. Is he so entitled? and cite cases, if ALPHA. any.

68. RABBITS-COMPENSATION FOR DAMAGE.-I shall be glad of some of your correspondents' opinions upon the following case. A. and B. are adjoining farmers, and C. is their common landlord. A. has a lease of his farm, B. is a yearly tenant. During the past year B.'s crops have been almost entirely eaten up by A.'s rabbits. A. denies his liability to make compensation, on the ground that his lease contains a clause stating that if the rabbits upon his farm are not kept down sufficiently, then C., the landlord, shall have a right to enter upon the land for the purpose of shooting them, Who should B. sue? A COUNTRY SOLICITOR.

69. COVENANT.-We shall be glad to learn the views of the Profession as to whether the following covenant is a fair and reasonable one, and such as a solicitor can properly advise his client to enter into on taking up leases from the freeholder, the purchase-money for the property being paid to the builder; and also their views as to freeholder's solicitors' introducing such a covenant. In the present case there is no contract within the statute:"That the lessee, his executors, administrators or assigns will, within one month after every assignment, underlease, or demise of his or their interest in the premises, give notice in writing thereof to the lessor or his solicitor, agent, or receiver, and deliver with such notice a'full copy of such assignment, underlease, or demise, and pay therewith the sum of one guinea." G. J. N. AND CO.

Answers.

(Q. 64.) WILL-BEQUEST OF "PLATE."-It seems to me that the plated articles fall within the bequest of "other household effects," and not of "plate." Plate, in its ordinary acceptation, includes only "articles of silver or gold." H. E. L.

-The wife's interest in the plate clearly ceases on her death. The direction attempting to convert the plate into heirlooms would probably be held inoperative, and in that case the plate would fall into the residuary personal estate. HERES.

(Q. 60.) WARRANTY.-The statement of law given on p. 189 of Chitty on Contracts is incorrect, probably owing to a superficial review of the case of Woodin v. Burford (2 C. & M. 391), cited as an authority for it. The agent in this case was not a general agent "employed to sell," but a special agent with a limited authority. The substitution of the words " 'even if," for the word "unless" in the statement will rectify the error. CURA.

(Q. 61.) LEGACY.-The equitable doctrine of satisfaction applies to parents or persons standing in loco parentis, and is not confined to fathers. A gift by a mother to a child in her lifetime would, therefore, as a rule, be taken in satisfaction, wholly or partially, of a legacy previously bequeathed to that child by her will. -QUIDAM.

(Q.63.) PAUPER.-A protection order does not annul marriage or bastardise children. In spite of the moral hardships of the case mentioned by " Manager," A.'s son remains the son of his father, and as such is compellable to support his worthless-GOVERNOR.

COURT OF APPEAL AND HIGH COURT OF
JUSTICE (CHANCERY DIVISION).

HILARY SITTINGS, 1878.

Rota of Registrars in Attendance.

LEGAL OBITUARY.
NOTE. This department of the LAW TIMES, is contributed
by EDWARD WALFORD, M.A., and late scholar of Balliol
College, Oxford, and Fellow of the Genealogical and
Historical Society of Great Britain; and, as it is desired
to make it as perfect a record as possible, the families and
friends of deceased members of the Profession will oblige
by forwarding to the LAW TIMES Office any dates and
materials required for a biographical notice.

R. H. PALMER, ESQ.
THE late Robert Heyrick Palmer, Esq., LL.D.,
barrister-at-law, who died on the 19th ult., at
Biarritz, in the south of France, at the age of
forty-eight, was the fourth son of the late Rev.
Henry Palmer, of Withcote-hall, Leicestershire,
by his marriage with Elizabeth, daughter of the
Rev. Samuel Heyrick, and cousin of Sir Geoffrey
Palmer, Bart., of Carlton, Northamptonshire.
He was born in the year 1829, and was educated
at Trinity College Dublin, where he graduated
B.A. in 1850, and proceeded M.A., LL.B., and
LL.D. in 1857. He was called to the Bar by the
Honourable Society of the Inner Temple in Mi-
chaelmas Term 1852, and joined the Norfolk
circuit. He also practised at the Leicestershire
and Northamptonshire, and Leicester, Northamp-
ton, and Birmingham borough sessions, and also
at the Leicester and Northampton County Court.
Dr. Palmer was twice married: first, in 1857, to
Margaret Caroline, daughter of John Gray, Esq.,
of Streatham, Surrey; and, secondly, to Susan
Georgiana, daughter of E. M. Green, Esq.

B. T. ALLEN, ESQ.

THE late Benjamin Tuthill Allen, Esq., solicitor,
of Burnham, Somerset, who died on the 28th ult.,
in the sixty-second year of his age, was born at
Burnham in 1816, and was admitted a solicitor in
Michaelmas Term 1839. From that period until
within the last few years he conducted a good
and varied practice in his native place, having
been for many years clerk to the justices, while he
also held the post of Clerk to the Burnham Local
Board of Health, Clerk to the Wedmore Turnpike
Trust, and Clerk to the Wells and Highbridge
Turnpike Trust. For more than twenty years he
was the honorary secretary to the Highbridge
Market Company. Mr. Allen was the original
promoter, and for many years the captain, of the
Burnham, or 4th Somerset Rifle Volunteers; and
he was also for many years well known for the
prominent part he always took in all local matters
of interest. The deceased gentleman, who was
married and has left a family, was highly esteemed
and beloved by all who knew him, and his funeral
was attended by a large concourse of people.

S. CARTER, ESQ.

but was defeated by 185 votes, his colleague
sharing the same fate. At the General Election
in 1874, in company with Mr. Jackson, he once
more appealed to the constituency. The result
of that contest was a divided triumph. The
second Conservative candidate-Mr. F. Du Pre
Thornton-stood at the bottom of the poll, but
Mr. Carter polled 161 votes less than Mr. Eaton,
to whom and Mr. Jackson fell the two seats. In
November of the same year, his supporters in
Coventry, in recognition of his services to the
Liberal cause, presented him with handsome
testimonials.

political creed, the local press describe him as
With reference to Mr. Carter's
having been "a Liberal to the backbone, and
especially devoted to the removal of all disabili.
ties affecting the rights of conscience and the
fullest application of the principles of religious
equality."
daughter of Francis Ronalds, Esq., of London, by
Mr. Carter married, in 1833, Maria,
whom he has left three sons and a daughter. The
remains of the deceased gentleman were interred
in the parish churchyard at Kenilworth, the
funeral being attended by the Mayor of Coventry
and a large number of the inhabitants and other
friends.

THE GAZETTES.
Bankrupts.

Gazette, Feb. 8.
To surrender at the Bankrupts' Court, Lincoln's-inn-fields
CULLEN,

and BRAND, RICHARD J. butchers, West minster. Pet. Feb. 7. Reg. Pepys. Sol. Phillpott, Guld hall-chmbrs. Sur. Feb. 20

LAVEY, BENJAMIN, tavern keeper, Chalk Farm-road. Pet.
Feb. 5. Reg. Spring-Rice. Sol. Crossfield, Mark-la. Sur.
Feb. 19

PHEYSEY, SARAH, wine merchant, Great Tower-st. Pet. Jan.
29. Reg. Pepys. Sols. Lewis and Co, Old Jewry. sur.
Feb. 20

SUTHERLAND, JAMES, and MITCHELL, JAMES, general me
chants, Lime-st. Pet. Feb. 6. Reg. Brougham. Sol. Ker
by, Great Winchester-st. Sur. Feb. 19

VAN STAN, FREDERICK JAMES, cement manufacturer, Ox-
ford-st. Pet. Feb. 6. Reg. Spring-Rice. Sol. Williams,
Salters Hall-ct. Sur. Feb. 19
WORSWICK, T. A. coal factor, Rood-la.

Pet. Feb. & Bex.
Spring-Rice. Sols. Sharpe, Parker, and Co, Bedford-n
Sur. Feb. 19

To surrender in the Country.
MAGDEN, LEONARD, commission agent, Eccles. Pet. Feb.
Reg. Hulton. Sur. Feb. 27

SENIOR, JOHN, market gardener, Harlow Heath. Pet. Fel.

5. Reg. Perkins. Sur. Feb. 26 WHALEY, OVEREND, Woolstapler, Bradford. Pet. Feb. Reg. Robinson. Sur, Feb. 19 WILKINSON, ISAAC, maltster, Leeds. Pet. Feb. 4. Reg. Mar shall. Sur. Feb. 27

Gazette, Feb. 12.

To surrender at the Bankrupts' Court, Lincoln's-inn-fels.

TAYLOR JAMES no occupation, Regent-st. Pet. Feb.
Reg. Pepys. Sur. Feb. 27

BARLOW, HARRIET, milliner, High Holborn. Pet. Feb. 7
Reg. Pepys. Sur. Feb. 27
PERKINS, FLORENCE, widow, Queen Ann-st, Cavendish-so
RITHERDON, NORTH, civil engineer, Wellington-rd, Wes
Pet. Feb. 8. Reg. Keene. Sur. Feb. 2
Hackney. Pet. Feb. 8. Reg. Keene. Sur. Feb.
BANKES, THOMAS HOLME, COWkeeper, Camden-garden,
Shepherd's Bush. Pet. Feb. 8. Reg. Keene. Sur. Fe

22

8. Reg. Keene. Sur. Feb. 22

To surrender in the Country.

Pet. Fel

THE late Samuel Carter, Esq., solicitor, who died on the 31st ult., at his residence in Clifton-place, Hyde Park, in the seventy-third year of his age, Coventry, by his marriage with Jane, daughter of was a son of the late Samuel Carter, Esq., of the Rev. J. Corrie, of Kenilworth. He was born at Coventry in the year 1805, and was educated at Woodville, near West Bromwich, at the establishment of his uncle, the Rev. John Corrie, and at the age of sixteen or seventeen he entered, as articled clerk, the office of another uncle, Mr. Josiah Corrie, then one of the leading solicitors in Birmingham. He was admitted a solicitor in Easter Term 1827, and at once entered into partCOURT nership with his uncle. Soon after the formation of the London and Birmingham Railway Company in 1831, Messrs. Corrie and Carter was appointed its solicitors. This company developed into, and has since been known as, the London and NorthWestern Railway Company, and Mr. Carter (Mr. ROBINS, JOSEPH, skirt manufacturer, Barbican. Corrie having died about the year 1840), retained his connection with it till 1860. In 1835, when the Birmingham and Derby (now the Midland) JACKSON, JAMES, Spennymoor. Pet. Feb. 8. Reg. Marshall. Railway Company was constituted, Mr. Carter was selected by the directors to act for them in the same capacity, and for twenty-five years he was solicitor at the same time for both the abovementioned companies. During this period he acquired a very large experience of railway policy, and succeeded, by his judgment and integrity, in securing the entire confidence of his clients. That he was well-known in parliamentary committee rooms and in Westminster Hall may be inferred from the fact that in a single Parliamentary Session he had the exclusive control and direction of no fewer than forty bills belonging to the two companies; and for the manner in which he guided both companies through many difficulties and delicate negotiations he received from them many signal marks of appreciation. In 1868 Mr. Carter terminated his connection with the Midland Company, and, having retired from the practice of his Profession, offered himself as a candidate for the representation of Coventry on the unseating of one the then members, and was returned by a majority of 281 over his opponent, Mr. A. Staveley Hill. At the General Election in November of that year, Mr. Carter again came forward as a candidate in conjunction with Mr. (now Sir) H. M. Jackson,

Master of the
Rolls.
Teesdale
Ward
Pemberton
Ward
Pemberton
Ward
Pemberton
V.C. Bacon.
Ward
Кое
Clowes
Koe
Clowes
Koe
Clowes

Mr. Justice Fry.
Кое
Latham
Leach

Latham
Leach
Latham
Leach

Friday
Saturday......... 23
Certificates of Sale and Transfer.-Saturday, Feb. 16
Mr. Holdship; Monday, Mr. Pemberton; Tuesday, Mr.
Ward; Wednesday, Mr. Clowes: Thursday, Mr. Koe;
Friday, Mr. Leach; Saturday, Mr. Latham,

Sur. Feb. 26
GUZWELL, WILLIAM, smack owner, Great Grimsby. P.
Feb. 6. Reg. Daubney. Sur. Feb. 25
KEY, ROBERT BOYD, provision merchant, Newport. Pe
Feb. 9. Reg. Davis. Sur. Feb. 28
HARDING, THOMAS MURRAY, Scrivener, Watchet. Pet. Feb.
9. Reg. Meyler. Sur. Mar. 2
SAWNEY, WILLIAM, fancy goods dealer, Beverley. Pet. Feb
6. Reg. Rollitt. Sur. Feb. 25
MANN, WILLIAM, innkeeper, Leeds.
Marshall. Sur. Feb. 27

Pet. Feb. 6. Reg.

Bankruptcies Annulled.

Gazette, Feb. 1.

GALLAND, THOMAS SPICER, gentleman, Liverpool-st, King'
FINLAY, THOMAS, grocer, Newcastle. Oct. 9, 1877
Cross. Dec. 13, 1870
GOSLING, RICHARD, tailor, Askham-in-Furness. June 6, 15
Gazette, Feb. 5,
GORTON, ALLAN, no occupation, Bayswater. June. 17

Liquidations by Arrangement.

FIRST MEETINGS. ALLEN, JAMES, blacksmith, Poole. Pet. Feb. 5. Feb. 1, Gazette, Feb. 8. three, at office of Sol. Trevanion, Poole APPLEBY, CHARLES, and APPLEBY, RICHARD, grease str facturers, Newcastle. Pet. Feb. 4. Feb. 20, at eleven, a offices of Sols. Keenlyside and Forster, Newcastle

NEWNHAM, JAMES, the younger, carpenter, Isle of Wight. BROWN, JAMES, jeweller, High-st, Spennymoor
Pet. Feb. 6. Feb. 27, at three, at office of Sol. Urry,
Ventnor
NORMANTON, MARY, dressmaker, Little Horton. Pet. Feb.
5. Feb. 23, at eleven, at office of Sol. Last, Bradford
ODLUM, JOHN, grocer, Whitton Park. Pet. Feb. 9. Feb
25, at three, at office of Sol. Proud, Bishop Auckland
POTTERVELD, FREDERICK, boot manufacturer, Hackney-rd.
Pet. Feb. 8. Feb. 26, at three, at the Masons' Arms
tavern, Masons'-avenue, Basinghall-st. Sol. Chalk, Moor-
gate-st

PAINE, HENRY, grocer, Caledonian-road. Pet. Feb. 8. Feb.
26, at three, at office of Sol. Abrahams, Bedford-row
POPE, WILLIAM HENRY, farmer. Mitchell. Pet. Feb. 9.
Feb. 20, at three, at office of Sol. Cock, Truro
PAYNE, CHARLES HENRY, engineer's manager, Melbourn.
Pet. Feb. 7. Feb. 27, at eleven, at offices of Sols. Ellison,
Burrows, and Freeman, Petty Cury
PEARSON, CHARLES, draper, Southwick. Pet Feb. 9. Feb.
25, at twelve, at the rooms of the Newcastle-upon-Tyne
Incorporated Law Society, Newcastle-upon-Tyne. Sols.
Gibson and Pybus, Newcastle-upon-Tyne.